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I Tramsportfttlon Library J
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DOCUMENTS,
or Tax
ASSEMBLY
OF TBI
STATE OF NEW-YORK,
FIFTY-EIGHTH SESSION,
1885.
ALBANY:
PKIKTZS BI 1 CROtWlLL, PRIMTIB TO THB STATE.
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STATE OP NEW- YORK.
OFFICIAL. L.IS'T
r " (COIUtECTBDt
or THS
MEIUBERS OF ASSEMBLY,
ELECTED IN ITOVEUBER, 1834.
Albany — Edward LivingstoD, Henry G. Whealon, Tobiaa T. B.
Waldrotk
■AUtganif — Aivio Burr,
firoofH^— Neri Blatchly>
CtottaroBgiw— Albert G. Burk^
Cay^a — Cornelias Cuykeodall, Andraw Groom, Noy«t Cal-
mer, Andrew! Preston.
Chautauque — Orren McCluer, John Woodward junior^
Cheiua^o — Hendrick Crun, Henry Craiy, Woodward Warreih
CSatoit — Lemuel Stetson.
G>Awifrui — Horace Stevens, Jacob Sbafer, iHlins WiicoxwHk
CariloHd — Barak Niles, Aaron Brown.
Vetawart — ^Wiltiam B. Ogden, Dubois Burhani.
i>afcAes»— Stoddard Judd, Stephen Thons Thoodon V. W.
Anthony, David Barnes junior.
Una — William A. Moseley, Ralph Plumb.
Elntx — Thomas A. Tomlinson.
fVoitifia-^Asa Hascall.
Genesee — Truman Levis, Amos Tyrrel junior, Samuel IUch>
mood.
Orte»» — ^Anthony Van Bergen, David Ingersoll.
BerUnef^-Henry Tillioghast, Peter P. Muipfay, Charles Gray.
J^eraott— Charles Strong, Eli Parwell, Calvin ClaA.
[Assembly No. 1.] 1
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iS^tg* — Fhilip Brather-
Lewii — Charles Dayan.
lavingstrnt — George W. Paltenon, Hollom Hutchinson.
Maditan — Joseph Clark, Jason W. Powers, William L Hot^jtc
Afonroe — Derick Sibley, George Brown, Enoch Strong.
Montgomery — Hanry Adams, ColUnt Odell, Ariibel Loomis.
Jihe-York — Benjamin Ring^ld, Andrew C. Wheeler, James 3.
Rooserelt junior, Charles Henry Hall, Charles P.Clinch, Prosper
M. Wetmore, Job Haskell, Thomas N. Carr, Christopher C. Rice,
Herman I. Qaackenboss, Thomas. Hert tell.
JifSagara — Hiram McNeil.
Oneida — Amos -Woodworth, Merit Brooks, Dan P. Cadweli,
David Wager, Riley Shcpard.
Onondaga — George Pettit, Saodford C. Parker, John Wilkinaoo,
David C. Lytle.
Onrorto— Mark H. Sibley, William Hildreth, Ariel Hcndee.
Orange— •Robert Fowler, Robert Denniiton, Merit H. Cash.
Orleans — Asa Clark junior.
Otwego — Jesse Crowell.
Otiego — Joseph Peck, Henry Harrey, Conieliaa Jones, Joseph
Carpenter.
Putnam — Daniel Kent.
Queens — Thomas B. Jackson.
Rentselaer — Martin Springer, Chester Criswold, Daniel Sim*
mona, Jacob W. Lewis.
Richmond — Lawrence Hillyer.
Rockland— "Bdwud Sufiem.
Saratoga — Asabel Philo, William B. Van Benthuisen,. Ely
Beecher.
8t. Lawrence — Preston King, William 8. Paddock.
' Sckentctady — David Ostrom.
' Sckokarie — Jonas Krum, John F. Hilter.
£kaeca — John D. Coe, Caleb Bamum.
SUuhen — Joshua Healy, Jeremiah Baker.
Suffolk — George S. Phillips, C?eorge I» Conkhn.
Sullivan — James Eldred.
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J^a — George Fisher, Green Bennet.
TbrnpHns — Charles Humphrey, Parvis A. Williana, Caleb
Woodbury.
UUter—Ueary I. Davis, William Woodworth.
Warren — Trumao B. Hicks.
Waalmgton — George McKie, Jonathan K. Horton, Allen R.
Moore.
Wayju — William D. Wylic, Elisha Benjamin.
Westcketter — Horatio Lockwood, Edwin Crosby, Prince W.
Paddock.
Fate*— Meredith Mallory.
Statb of Nbw-Yokx, )
Secretarj^i Ogice. J
I certify the preceding to be a correct list
<^ the names of Members of Assembly elected in this State, at the
general election held in the month of November last, according to
the official returns received at this office from the county clerks
respectively.
GiTen under my hand and seal of office, at the city
ft. e. J of Albany, the eighteenth day of December, in the year
of our Lord one thousand eight hundred and thirty-four.
JOHN A. DIX,
Secretary of State,
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STATE OF NEW-YORK.
No. a
IN ASSEMBLY,
January 10, 1835.
RULES AND ORDERS
Of the Assembly of the State of Nev-York.
1^ Upon the appearance of a qsorum, the ^leaker having taken
(he chair, and the ntemben being called to order, the joamal of the
preceding day shall be read, to the end that any Btistakes therein
may be corrected by the House. And in all cases of the absence
of a quorum, the members present may ti^ such measures as shall
be necessary to procure the attendance of abaent members; and
tbe Spealter may adjvum from day to day, until a quorum shall
appear.
3. After the reading and approving of the journal, the order of
business, ivhicb shall not in any case be departed from, except by
tbe omnim^ consent of tbe House, shall be as follows:
'T' The preLentation of petitions.
s. Reports of standing committees.
t. Reports of select committees.
4. Messages from the Governor.
5. Communications from the State officers.
6. Messages from the Senate.
t: Third reading of bills and resolutions.
a. Motions, resolutions and notices.
». Unfinished business of the preceding day.
10. Special orders of the day: and if in any ease the nnfinisfaed
business of the preceding day shall have taken tht placa of
[Assem. No. 8.] 1
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Bpecial orders, these orders shall be taken up and acted on
in ther order of time.
II. Unfinished business generally.
13. General orders of the day; but messages from the Governor,
communications from State officers, and messages from the
Senate, may be considered at any time.
3. The Speaker shall cause the Clerk to make a list of all bills,
resolutions, reports of committees, and other proceedings in the
Honse, which are commilted to a committee of the whole, and not
made the special order of the day for any particular day; which
list shall be called the "General Orders of the Day."
4. All questions relating to the priority of business, shall be de-
cided without debate.
6. The. Speaker shall preserve order and decorum, and shall de-
cide all qoestioDs of order, subject to an appeal to the House. He
shall have the right to name any member to perform the duties of
the chair; but such substitution shall not extend beyond an ad-
joumaient, unless by leave of the House.
6. The Speaker, in all cases, has the ri^t of voting; and when
the House shall be equally divided, including bis vote, the ques-
tion shall be lost.
7. While the Speaker is putting a question, no member shall
walk across or out of the House.
8. When the Houso adjourns, the members shall keep their seats
uotil the Speaker shall have left the chair.
9. Every member, previous to his speaking, shall nse from his
seat, and address himself to the Speaker.
10. When two or more members rise at once, the Speaker shall
name the member who is first to speak.
11. No member shall speak more than twice to the same gene-
ral question, nor more than once.upoa a " previous question," with-
out leave of the House; nor more than once in any case until
every member choosing to speak, shall have spoken.
13. While a member is speaking, no member shall entertain any
private discourse, or pass between him and the chair.
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No. 9.] 9
13. A member called to order, shall immediately sit down, un>
less permitted to explain. If there be no appeal, the decision of
the chair shall be conchisiTe; but if tfae member appeal to the
House from the decision of the chair, the House shall decide o«
the case without debate.
14. Every member who shall be present when a questioa is sta-
ted from the chair, shall vote thereon, unless excused by the Houae,
or unless he be directly interested in the question, in which cases
he shall not vote. No member shall be permitted to vote upon
«ny question, unless present when, upon a division, his name is
called in its regular <adet,
15. Petitions, memorii^s, and other papers addressed to the
House, shall be presented by the Speaker, or by a member in his
place.
16. Every member, previous to presenting a petition or memo-
rial, shall endorse on the same the substance thereof, and add his
name: the clerk shall then read the endorsement; after which, the
Speaker sh^l put the question on the reference of said petiUon or
memorial.
17. No motion shall be debated or put, unless it be seconded:
When a motion is seconded, it shall be stated by the Speaker be
fore debate; and every such motion shall be reduced to writing, if
the Speaker or any member desire it
18. After a motion is stated by the Speaker, it shall be deemed
to be in the possession of the House, but may be withdrawn at
any time before a decision or amendment.
19. If the question in debate contain several distinct propositions,
any member may have the same divided.
30. When a blank is to be filled, and different sums or times are
proposed, the question shall be first put upon the lai^st sum and
the longest time.
21. When a question is under debate, no motion shall be receiv-
ed, unless for the previous question; to postpone it indefinitely;
to adjourn it to a day certain; to lay it on the table; to commit it;
to amend it; or to adjourn the House.
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3S. A motion for " the previoui question," to lay the question
on the table, or to commit it, until it Is decided, shall preclude alt
amendment and debate of the main question; and a motion to post-
pone a question indefinitely, to adjoiu-n it to a day certain, shall,
until it ia decided, preclude oil amendment of the main questioa.
3S. " The previous question" shall be as (ollovrB:—" Shall the
main quatitm be now put?''
24. A motion to adjourn the House sbaU be ahrays in order, and
riiall bo decided irithout debate.
3(. Every order, resolution and TOte, to which the eoncnrrence
of the Senate shall be necessary, shall be read to the House, and
r«d upon the tabfe, on a day preceding that in which the same
shall be moved, unless the House shall unanimousTy otherwise
consent
58. In all cases where a bill, order, resolution or motion, shall
be entered on the journal of this House, the name of the member
moving the same shall also be entered on the journal.
37. If any ten members require it, the ayes and noes upon any
question shall be taken and entered upon the journal.
28. Alt committees shall be appointed by the Speaker, unless
otherwise specially directed by the House, in which case they shall
be appotnte4 by ballot; and if opoD such ballot, the number requi-
red shall not be elected by a majority of the votes given, the House
shall proceed to a second balfot, m which a plurality of votes* shall
prevail; and in case a greater number than is required to compose
or complete a committee, shall have an equal number of votes, the
House shall proceed to a further ballot or ballots, as may be ne-
cessary.
59. Select committees to whom references are made, shall in alt
cases report a state of facts, with their opinions thereon.
80. Every bill originating in this House shall be introduced by
motion for leave, or by an order of the House on the report of a
committee. On« day's notice, at least, shall be given of a motion
for leave to bring in a bill, unless the House unanimously otherwise
allow. Such notice shall specify the subject matter of such bill;
and all resolutions of reference and instruction to committees, shall
state the subject to be referred.
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81. AU bills brought into this House by any member or commit
tee, shall be endorsed with the name of the member or committee
bringing in the same.
33. No private bill shall be brought into this House, but upon a
memorial or petition presented to the House, and signed by the
party or parties praying for such bill, except by the unanimous
consent of the House.
83. No bill shall be committed or amended, until it has been
twice read. ,
84. Erery message from the Senate, communicating any bilf for
the concurrence of this House, shall, with the accompanying docu-
ments, if any, be referred to a standing or select committee to
consider and report thereon.
85. All amendments by the Senate to bills which have passed
this House, shall be referred to a select committee to examine and
report thereon, unless the House shall otherwise expressly order
or allow.
86. In forming a committee of the whole house, the Speaker
shall leave the chair, and a chairman shall be appointed to preside.
37. The rules of the House shall be observed in the committee
of the whole house, except the rules respecting a call for the ayes
and noes, and limiting the times of speaking.
88. Bills committed to a committee ofthe whole house, shat), in
committee of the whole thereon, be first read through by the Clerk,
unless otherwise expressly ordered by the committee^ and then
read and debated by clauses, leaving the title to be last considered.
All amendments shall be noted on a separate piece of paper, and
reported to the Honse by the chairman of the committee of the
whot^; after the report, the bill shall be still subject to debate and
amendment before the question to engross is put.
39. A similar mode of proceeding shall be observed with bills
which have originated in the Senate, as with bills originating in
this House.
40. If, at any time when in committee of the whole house, there
be not present a quorum to do business, the chairman shall imme-
diately report that fact to the Speaker.
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41. On a motioD in committee of the whole house to rise and
report, the queition shall be dedded without debate.
43. "Every bill shall receive three several readings previous to
its being passed; and the second and third readings shall be on
different days; and the third reading shall be on a day subsequent
to that on which the bill passed in committee of the whole house,
unless the House unanimously direct otherwise.
4S. A standing committee of fire members shall be appointed'
to be called "the committee on engrossed bills;" whose duty it
shall be carefully to examine all bills passed by this House, and
see that the same are correctly engrossed, and report the same to
the House before they are signed by the Speaker.
44. Reports from the committee on engrossed bills shall at all
times be in order, and have preference to any other busioess.
45. When a bill passes the House, the Speaker shall certify the
same, with the date thereof, at the foot of the bill.
46. No motion for reconsideration shall be in order, unless on
the same day, or day following that on which the deciBton proposed
to be reconsidered took place; nor unless one of the majority shall
move such reconsideration. A motion for reconsideration being
put and lost, shall not be renewed; nor shall any subject be a se-
cond time reconsidered, without unanimous coasent.
47. A standing committee of five members shall be appointed on
bills coming within the ninth section of the seventh article of the
amended Constitution of tills State; and when any bill shall have
passed in committee of the whole house, on which the Speaker
may entertain doubts whether it comes within the provisions of
the said ninth section, it shall be referred to the said committee to
examine and report thereon, Defore the question on its final passage
shall be taken.
48. On the final passage of all bills Teqoiring two-thirds, the
ayes and noes shall be taken and entered on the journal; and the
Speaker shall certify upon every sbch bill, when passed, that two-
thirds of all the members elected to this House voted in favor of
the same.
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■ 40. A motioD to reconsider the vote on the fioal passage of any
bill requiring the assent of two-thirds of all the members elected
to this House, shall be made by a member who voted tn favor of
the decision of the House on the question of the final passage of
the bill; and two-thirds of the members elected to the House shall
be required to reconsider the same; and such vote shall not be a
second time reconsidered. But the vote on the final passage of any
bill, creating, continuing, altering, or renewing any monied incor-
poration, shall not be reconsidered whenever such bill shall be lost
50. No standing rule or order of this House shall be suspended,
changed or rescinded, without one day's previous notice being given
of the motion therefor; nor shall the forty-ninth rule be altered,
changed, rescinded or suspended, unless Iwo-thirds of all the mem-
bers elected to this House agree to such alteration, change, re-
scinding or suspension.
51. A committee of nine members shall be appointed in the se-
venth week of each session, whose duty it shall be to examine all
bills committed to a committee of the whole house, and from time
to time report such bills as in their Unanimous opinion may with
propriety be referred to select committees to report complete; but
DO bill shall be recommended to be thus referred, against the pas-
sage of which there la a remonstrance, or any bill appropriating
the puUic money or property, or relating to a monied corporation.
All biJIa thus recommended, shall be referred to select committees,
QolesB objected to by ten members.
P. REYNOLDS, Jb. Clerk.
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STATE OF NEW-YORK,
No. 7.
IN ASSEMBLY,
January 8, 1835.
ANNUAL REPORT
Of Uie Inspector of Sole Leather for the CcHinty of
TiHupkins.
TO THE HONORABLE THE LEGISLATURE OF THE
STATE OF NEW-YORK.
The underagDed, Inspector of sole leather for the cooDly of
Tompkins, doth hereby
RBePBCTrDi.LT Rbpoxt:
That duriog the time between the fint of January, 18S4, and
the twenty^finh' December, 1884, I have inspected two thousand
three hundred and leTenty-three sides of sole leather, one thoa-
■and nine handred aiid forty-five of which I marked goody and four
hundred and twenty-eight damaged, weighing in a]l thirty-two
tboQsand nine hundred and nine pounds. The value of the same,
as near as I can calculate, is five thousand three hundred dollars.
Fees received by me for the same, is nioety-fonr dollan and ninety-
two cents.
PHILIP FRENCH.
Baud ImMmomile, Dtc. 36, 1684.
[AMem. No. 7.]
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STATE OF NEW-YOiaC
No. 8.
IN ASSEMBLY,
January 7, 1835.
ANNUAL REPORT
Of tike Superintende&t of Common Schook.
STATE OF NEW-yORK, 1
Sbobbtabt'i Otfiob. )
To THB SvUKnt or TBS AstBMBttT.
sm-.
1 have tha honor to tmumit lietowilh, the aoaDal r«-
port required of the Secretsry of Stole ■■ Superiatendeot at Coi»-
■BOB ISchoob.
1 em, very reapectfullf.
Your oVt Mrv*t,
}OBN A. DIX.
NO.S.]
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REPORT, &c.
STATE OP NEW- YORK, ]
SscSBTART'a OfFIOB. 5
^tSRany, 7tk Ja»uary, 18S5.
TO THE LEGISLATURE.
Bjr (he prOTirions of the lit lection of title 2d, chap. 15th, psrt
1st of the Revised Statutes, it is' the duty of the Superintendent of
Commoo Schotrfs to prepare and submit an annual report to the
I^^islalore, containing,
1. A statement of the condition c^ the common acboda of the
State:
a. Efltiaoateaandaoeoantsof theexpendituratoif theacboolmo-
aeyi:
S. Plant for the improvement and management of the cotmnon
school Aind, and for the better organization of the common sohools :
and,
4. AH such matters relatii^ to bis office, and to the common
schools ai be shall deem expedient to communicate.
In parsaanee of the foregoing directions, the Secretary of Sute,
in his capacity aa Snperintmdent of C<»mD0n Schools, has the be-
nor to anbmit the f<41owing
REPORT:
1. 3%e andiUm of the QmmiM Sehoolt.
There are in the State, fifly-five organized counties, eontuning
e^^t hundred an J thirty-five towns and wards. The commissioa-
«n of common schools of the seTeraJ towns are required to make
u annoal report of all the school districts in their respective towns
to the derk of the coonty, to which they belong; and it is the du-
ty <rf the comity clerk to send certified copies of all such reporta
to dw SaperintoBdaat of Coumb Sebools. This duty luu b«ao
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perfbrmed in eTQiy insUtnce, and the aeixmtery rehirn» have beeo
reeeived from every towa and ward in Ae Slate, Abttracti of
the returns will be foond arranged in the order of the ooinitie>,
from winch they come, in tbe table marked A, bereanto annexed.
The same matter is exhibited in a eoodeaMd form, in the table
marked B.
By the latter, it will appear that there were in Ute Slate on th»
hat day of December, 1883, nine thontand eight hoadred and six-
ty-five organized school districts, from nine thouiand three hun-
dred and ninety-two of which reports hirve been regularly made to
the commiseioDeTs of coremoB sehooh. In the coaoties of Riclw
mond, Tompkiai, Weatcheiter and Yates, every school district
has reported; in Cayuga, Cortland, Schenectady and Schohaxier
all but one;, in Franklin, Greene and Seneca, all but two; in Co-
lumbia^ lOogs and Ulstee, all but three; and in Albany, Lewis,.
Ma<tisoo, Orleans, Rockland and Wayne, all but four.
. In the districts from which reports have beeo received, schools
bave been kept an average period of eight months.
The whole namberofcUMreii ever five and under sixteen yeare
of age, reiidiugoo the last day of December, 1 888, in the districta
from which reports have been received, was five hundred and tUr-
ty-four tboyaand and two; and tbe whole number of children who
had received instruction in the same districts during the year 1838,
was five hundred and thirty-one thousand two hundred and forty.
The exact average period of time during which the whole number
of children taught have attended school cannot be ascertained. —
The reports show only bow long the schools have been kept open,
and bow many ehitdreo during that period have received more or
less instruction.
During the year 1833, one hundred and saventy-five new dis-
tricts have been formed.^ In 1831, there were six hundred and
fifty-nine districts from which no reports were received by the
eomnrissioaets of commcHi sdioots ; in 1882, five hundred and
ei^ty-three; and in 1883, only four hundred and seventy-three.
Of this number, about Mie-half are in thirteen counties, which aro
rapidly inereasing in population, and in which one hundred and
twenty new districts were created in 1888. Thus it woaU ap-
pear that tbe nombor of districts, which fail to make reports, is ra-
pidly diminidiing; and in a evnnderable {voportien of them, ii ii
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Mo. 8.] 6
fair to infer that the ominioD ii to be attributed to the irregulari*
ties and delayi, which take place in new district! after their or-
gaoizatioa, and before there is time to put tbein into conplete ope-
ration.
The nmnber of diildren who have received initruction io the
diitricts heard from, is eighieeo thousand two hundred and Hventy-
Mx more than the number who received iostraction daring the pre*
ceding year; and the increase in the number of children between
five and sixteen yean of age residing in the same districts, is eleven
thousand three hundred and eighty-four.
The following table will exhibit the proportion which the oam-
ber of children taught in the common schools during the last ten
years bears to the number enumerated. During the first five years
only those who were over five and under fifteen years of age were
enumerated, while during the last five years the enumerated class
was augmented by embracing all who were over five and under
sixteen years.
Eicaa of chikbu betwam fi ud IS jmm
Report of 1830 .
. 18,189
. 16,2(M
. 17,804
. 11,776
Report of 18S1,...
1,083
7,428
15,S81
18,026
7,803
■• 18M,...
" 1980,.
1835,...
In this table, the cities at Albany and New- York are not inclu-
ded, as returns of the whole number of children between five and
sixteen years of age in those cities, have not been made by them
until within the last few years.
The variations in the proportion which the whole number of
children enumerated bears to the number receiving instruction
from 1B26 Io ISSa, may be ascribed, in some degree, to the efforts
of the Superintendent to correct an error which prevailed in some
cases in the manner of making out reports from districts lying part-
ly in two or more towns. The nature of the error, and the pro-
cess of adjustment, have been fully explained in the fout last re-
ports o£ the Superintendent. There is reason to believe that the
greatest practicable accuracy is now attained in the reports from
all the school district so tint the greater number of children who
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hava rweiT«d inttractKm dering tbe last two yean, to propoFtioo
to tlw nomber between five and sixteen years of ago can only be
attribntdd to the iroprovemeat of the coninon icb*ol syatwn, and
to tbe iaereasing attention pud to the subject of edacatioo.
It should be borne in miad, io referring to tbe above table, that
tbe a^regate variatitMi io the proportion of children tau^t to tho
whole number enumerated may be accounted for, without making
much allowance for the error ebore referred to, by the extensioD
of tbe enumerated class from fifteen to sixteen years of age. Tbe
maximom of the excess of tbe number taught over the number be-
tween five and fifteen years of age, (which was in ihe year 1826,)
and the maximum of tbe excess of tbe number between five and
sixteen years of age over the number taught, (which was in IBSS,)
amount together to thirty-three thousand seven hundred and se-
venty: and this amount can not differ materially from the number
of children added to the enumerated class by extending it so as to
embrace all between five and sixteen years of age. The effect of
this change was also explained in last year's report; and there is
good reason to believe now, as was stated then, that the accuracy
of the results exhibited in the reports of Uie Superintendent has
not at any time been materially impaired by the erroneous manner
in which the reports of some of the joint districts were made out.
It is to be observed that the foregoing table relates only to the com-
mon schools; and that, although children between five and sixteen
years of age attending private schools are included in the enume-
ration made in the school districts within which they reside, yet
. they are not returned among the number receiving instruction.
The number of students in the incorporated academies in 1833
was five thousand five hundred and six. The number of children
receiving private instruction can not be ascertained; but there can
not be the slightest doubt that if the whole number annually in-
structed in private and district schools and the academies could be
obtained, it would be found to exceed the whole number between
five and sixteen years of age. As a proof of the truth of this ob-
servation it may be remarked that in twenty-six counties the num-
ber of children taught exceeds the enumerated class. These coun-
ties are either rapidly increasing in population or very thinly set-
tled; and it is precisely under such circumstances that the smallest
number of private schools is found.
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N4.&] V
In tbo county of Qeaeaee mora thaa twenty thousand childrea
have been inatnictcd duriag the yeir; in Oneida Diore than oioe-
teen thooMnd; in Onondaga oiore thui eighteen thousand; in Jef-
feraon and Otsego more than aeventeen thousand; in Monroe mora
than iixteea thousand; and including these counties there are
twenty, in which more than ten thousand have been instructed.
In the cxKinty of Oneida there are three hundred and fifty-Bevea
schmrf distriota; in Geaesee three hundred and thirty-four; in Ot-
sego three hundred aadsiaeteen; in eleven counties, indoding the
foregcnitg, mors than two hundred and fifty; and in twenty-three
ooontiea more than two bondred.
In each of four towns more than two thousand children have re-
ceived instruction; in sixteen towns, including the foregoing, more
than Bfteen hundred; and in one hundred and fourteen towns more
than one thousand.
In each of nine towns there are more than thirty organised
school districts; in twenty-one towns, including the foregoing,
more than twenty-five; and in seventy-six towns more than
twenty.
The average nomber of organized districts to each town is
twelve and ahalf; and the number of children receiving instruc-
tion, compared with the number of school districts from which
they were reported, will give an average of fifty-six and a frac-
tion to each district.
The annexed paper marked C, exhibits the condiHon of the com-
mon Bchoobt, under some of its most hnportant aspects, from the
ftut 1810, to the present Ane.
n. Etimate$ and Exfenditwei of the School Mtmaft.
By the reports of the commissioners of common schools, it ap-
pears that the nm of three hundred and fourtem thousand eight
hundred and eight dollars and thirty-six cants was paid by them
to the trustees of the several school districts, in April, 1884. The
amoont of public mauey expended by the said trustees in the year
18S8, was three hundred and sixteen thousand one hundred and
fifiy-three dollars and ninety-three cents; of which sum, one hun-
dred thousand doltars was received from the Common School
Fund, one hundred and nlnety-eeren thousand six hundred and
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S [Asi
fourteea dollara and Ibirty-wveo cents, wu levied by taxation ap*
on the property of the inhabitants of the wveral towns and cities
of the State, and eighteen thousand five handred and thirty-eigfat
dollars and fifty-six cents, was derived from the local funds be-
longing to particplar towns.
By the abstract marked B, it will be seen that the amoont paid
for teaaben* wages, betides poblic money, is three hundred and
ninety-eight thonsand one hnndred and tturty-seven dollars and
four cents, and exceeds by the sum «f twenty-eight thousand four
hundred and forty dollars wad sixtyeight cents, the amoont paid
for teachers' wages, besides public money, in 1883- The whole
amount paid for teachers' wages is seven hundred and fourteen
thousand two hundred and ninety dollars and ninety-seven cents,
from which should be deducted a few thonsand dollars expended
by the Public School Society in the city of New- York, for school-
houses.
The whole amount of money, therefore, expended for teachers'
wages in 168S, exceeds the amount so expended in 1883 by the
sum of thirty-six thousand eight hundred and sixty-one dollars and
fifty-three cents.
During the year ending on the SOth September, 1884, the pro-
ductive capital of the Common School Fund has been increased
by the sum of thirty-six thousand two hundred and seventy-four
dollars and ninety-three centsj and it now amounli to one million
seven hundred and ninety thousand three hundred and twenty-one
dollars and seventy-seven cents. The actual receipts on account
of revenue during the year ending on the SOth September, 1884,
amount to one hundred and four thousand thnse handred and nine-
ty dollars and seventy-ei^t cents. Document D, exhibits the in-
oreaae and diminution of the fund during the same period. The
several items of which the fund is composed, will be found in the
paper mailed E, together vrith an estimate of the revenue and
the actual receipts on account of revenue for the same year,
and a detailed estimate of the revenue for the year ending on the
SOth September, 1886, amountiog to one buodred and qigfat thou-
sand four hundred dollars.
It was stated in last year's report, that although the revenue of
the Common School Fund for the year Hiding on the SOth Sep-
tember, 1688, exceeded by more than nine thousand dollars the
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•am of one Iwodrad thonsatid doHan aonealljr dlitriboted, Uw v^
veum had MM been tdiei to the productive capital; bat that it waa
carried (• the diminution of a deficiency occasioned by changing
the termiaation <^ the fiacal year, in IS31, from ttte SOth of N<^
vember to the SOth September, and a further deficiency occasion-
ed by a falling off in the amount of payments on account of reve-
ttue in 1832, in consequence of the prevalence of the cholera.
The oatnre of these deficiencies and the manner in which they
were met, were fully explained in last year's report; and it will,
therefore, be only necessary to add, that althottgh the revenue on
the SOth September, Uie expiration of the fiscal year, 1631, actu-
ally leU short of one hundred thousand dollars, by the sum of
aboutnineleen thousand dollars, and the revenue of 1833, at the close
of that fiscal year, by theaumof about six thousand dollars; yet that
the deficiencies were in each case fully aupplied by reoeipts on ac-
count of revenue before the time arrived for distributing the sum of
one hundred thousand dollars to tlie ooounoo schools. The amouot
<tf the deficteocies for 1831 and 18SS, was twenty-five thousand nine
hundred and seven dollars and two cents; wbicli has been reduced
hy the excess crf'reveime for the^ears 1833 and 1S31, niiet distri-
twting one hundred thousand doJlaxs in each year to (be conunon
achooU, tetwelve thousand three hundred and eighty-two dollars aad
nine cents. The deficiency will probably be wholly made up in the
course of the fiscal year, 1836, by the revenuea of the Common
School Fund, without resorting to the General Fund to supply any
portioa -of it, as may be done in case of necessity twder section
17, page 19^ lal voL Revised Statutes,
By the provisions of chapter 164, Laws of 1831, the sum of
eighty dollars is annually paid to the commissioners of common
schools of the town of Southampton, in Suffolk county, for the
support of a school for the benefit of the Shinnecodc tribe of Indi-
ans. This sum is apportioned from the Common School Fund,
and is in addition to the sum of one hundred thousand dollars dia>
tributed under the general apportionment. The actual amount
therefore, paid from the School Fund annually, for Ihe support of
common schools, since the year 1831, is one huadred thousand and
eighty dollars.
The paper mariced F, exhibits the esrpital of the School Pnnd
from its foundation to the present time, the annual revenue or in-
terest, the amount annually distributed, and the inci^asa and di^
[AsTCm. No. 8.] 3
DigmzecDy Google
CMtUtoo^ Oiwida Cieaik tnet, OMidft Laka rtmrw«6om, Oosida
reaeFvation, northwest part, ODondaga porehawy first md Moond
Oneida purchase, and in the Saint Regis reservation; and of bonds
Tor the consideration of premises bought under Ibreclofttre of mort-
Tbe sale of one btomdred thooiand <folIan of cmal slock to tb*
GooKnissioners of the Canal Fund, was made in punoance of the
Sd section of chap. 296, of the Laws of 1832. Of the amoont sold,
eighty-seven tbossand doffars was of the Cayuga and Seneca canat
ttoci, and thirteen tffonsand dollar* of tbe Brie and Champion c»-
nal stoefc. The whofe was taken at its par Talne, as provided for
by the section referred to by the Cornmissioners of the Canal Fund ;
and the proceeds of the sale were passed to the credit of the Ge-
neral Fnnd, and an equal anraunt in bonds and mortgages was re'
ceired in return from tbe tatter, in respect lo the CoraRKNi School
Fund, the exchange of secarities (for such so far as that fond is
eoneemed is the natvre of the operation): is decidedly tkvonble^
The stocfc soFd bears an interest of H-ve per cent. Whereas the
seearities, which hare been transferred in lien of It to the School
Fund, bear an interest of six per cent. In point of revenue, there-
fore, the Bchool Food ia a gainer; and the securities are of such a
mture, that no toss to the capital need be apprehenJbd.
The prodaotive capital of the fund amounts to <»ifl millioo, seron
hundred and nuKty-one thousand, three hundred and twsaty-ooft
d^lars and aeventy-teven cents, and consists of e^lit hundred and
one thousand, lix hioBdred and forty-six dollars and twenty cents,
in bonds and morignges for lands sold, bearing an intereat of six
per oent, with the exception of a small portimi, consisting of ae-
eunties op lands which wer« soU under foredosQres of mortgages
for moneys loaned at seveD per cant, and which were resold at'
the same rata of Interest; forty thousand, six hundred and fifty-
five dollars in loans to the counties of BroomeT Cayuga, Chautau->
que, Clinton, Erie, Herkimer, JeSersoo and Niagara, the whole of
which bears an interest of six per cent, with the exception of M'
teen hosdred dollars, loaned to the ooiutty of Erie at seven per
cent: four bundled and eighty-nine thotasaad asd twenty dollars
and fifly-seven cents, of belnnoes of the loans of 1786, 17a3» and
1808, at an average interest of six per cent: two hundred and
thirty thousand dollars of canal stock, bearing an interest of five
per scat, and two hundred and thirty thoBsaod dollars of stock in
=cDy Google
NaflL]- 18
Um Merchantii' and Mftnhatlan builci in tfa* city of New-Yorit, th«
dindends on wbtch ars not leis than sii per cent per BDDDin. Ttw
itsma ooaapcMing theae saveral amounta are exhibited in the paper
maiked F, faemmto annexed.
It may now be calculated with safety, that the fund will admit
of an aoDua) distribution from its own revenues, of one hundred
thousand dollars to the common schools. The capital is believed
to be so invested as to be entirely secure, and the interest has,
during the last two years, been paid with great punctuality. The
revenue for the year ending on the 30th Sept. 1834, was estima-
ted at one hundred and sis thousand, eight hundred dollars, and
(he receipts, notwithstanding a stagnation of business during a por-
tion of the year, amounts to one hundred and four thousand, three
hundred and ninety doHats and seventy-eight cents. By section
17, page 103, 1 vol. Revised Statutes, it is provided, that " when-
ever the revenue of the Common School Fund shall be insufficient
to satisfy the annual appropriation of one hundred thousand dol-
lars, ihc deficitncy shall be supplied and paid from the General
Fund." The year 1830 was the last, in which it was necessary
to resort to this expedient; and there is now no cause to appre-
hend that it will again be necessary to have recourse to it.
IV. Organization nf rtc Chmmon Schools.
The administration of the Common School system, in all mat-
ters enjoined by statute upon those who arc charged with its su-
pervision and management, has attained as great a degree of rc-
gnlarily as is practicable. Returns have been received from every
town in the State, and, with a single exception, through the chan-
nels prescribed by law. In the case referred to, the report of tho
commissioners of common schools having been accidentally re-
tained until the tinte for sending it to the county clerk had passed
by, was transmitted directly to the Superintendent. The matter
contained in the report now submitted to the Lcgislatare by the
Superintendent, has beeo furnished through the agency of mors
than thirty thousand individuals: and of all the school districts in
the State, nineteen out of twenty have made their reports in the
manner required by law to enable them to participate in (he bene-
fits of the Common School Fund.
Although the Operation of the system is so regular, there is one
particalar in which it might be improved. By the existing law,
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U [Ai
ihe annual reports of iht- trustees of adMol dutiicti an required
to be made afiter tiw first of Jaaoary, aad od or before tbe first of
March. Od these rep<»ts the public moneys are apportioaed by
the commissioners of common schools iu each town, on or before
the first Tuesday of April. From this time the commissioners have
about six months (until the first of October) to make their reports
to the county clerks, and the latter have two months (until the
first of December) to send certified copies of those reports to the
Superintendent of Common Schools. None of the reports contain
any matters which have occurred subsequent to the first of July
preceding, nor, indeed, subsequent to the first Tuesday of April,
excepting where a new school district has been formed between
these two periods, in which case it is included in the whole
number of organized districts in the town. The consequence of
keeping the district reports six months in the hands of the com-
missioners is, that the reports from the county clerks are not all
received until after the first of December by the Superintendent.
He has then to examine, personally, abstracts of the reports from
every town in the Slate, nearly eight hundred in number, and
to prepare tables, which cannot be completed' until about the time
the Legislature meets; and if in any of (he reports which are
made, an error appears, (as is sometimes the t&ae,) it is usual-
ly discovered at so late a day that it cannot be corrected, so as to
mdmit of the presentation of his report at the commencement of
the session. The Superintendent, therefore, suggests that the law
be so amended as to require the commissioners of common schools
to report by the first of August, and the county clerks by the first
of October. This amendment will leave the existing arrangement
for making the district reports and for apportioning the public mo-
neys undisturbed, and will, in fact, merely curtail the time allow-
ed to the commissioners for making their reports. They will, in
case this suggestion should be adopted, have, after apportioning
the public moneys nearly four months to report their proceedings
— a period fully adequate to every purpose of convenience — an^
the Superintendent will have time to write to the commissionera
of common schools of. any town in the Slate, should an error bc^
discovered in their report, and procure its correction before the
meeting of the Legislature.
In the alteration and formation of school districts,. in the appor-
tioi^ent of the public moi^eyB, and in, theexeircise of. the powers
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No. &} Ife
coaferred on tb* inhnbttanls of school districtt md their officeri)
quetttoDs frequently arise, and are brought before the Superiir-
tend^Bt for his deoisiorK Such of these qoealions as grew out of
the proceedings in school diatricts, were by the Revised Statutes
settled by the ootntnistioners of common schools of the towns a
which tfaey arose: but by an amendment of the Statute, ail ap-
peals must now be addresaed to the Superintendent, 'ihia is, is
fact, a restoration of the mode of redrees provided for by the set
of April 12, 1823, and was recommoided by the Superintendent
in a communication to the Legislature on the Sd of April, 1830.
Queationi sulxnitted to him are generally dt^Kned of with prtmip-
Utude, and it is extremely rare that they ripen into feuda and in>
terrupt for a length of time the harmony of the districts. When
the great number of diatricts is taken into consideration, it is, per-
haps, remarkable that coolrorernea are not more numerous, espe-
cially when they may be carried on without' expense to the par^
ties. In thia part of its administratioD, the system- is susceptible
of DO material improvement. The setttemeDt of disputed qoes"
tions is the mast laborious of the duties ot' the SuperinteBdent, and
it beocMxws more ao as the districts tocxcftse in number; but expe-
rience has shown that the present mode is> both as regards the
parties concerned and the public, the best hitherto adopted of pat-
ting controversies at rest. However impartial the otMqpiissioners
of common aehooh might be in dispoung of the questions submit-
ted to tbeaif their vicinity to the field of dissention rarely failed
to subject them to the intpvlation of biasses uafrieiidly to one or
the other of the parties btigant. With the existing mode no such
imputation is likely to be made, even. when the decision pronounced
upon the nutters in controversy may not give satisfaction: And
thus ■ fruitful source of disconlsat is cloaed up.
One of the most responsible and delicate trusts to be executed
under the common school system, is that of inspecting teachers
and pronouncing upon their qualifications. This duty is confided
to three inspectors, who arc elected in each town annually, or by
the three commlHsioners of common schools, who are also elected
annually in each town, and who are, by virtue of their ofGce, au-
thorized to examine the schools and teachers, and give the latter
certificates of qualification. If the inspection of teachers is ne7
gligeotly conducted, or with a willingness to overlook deficiencies
instead of insistiqg rigidly on the reqturemenls of the taw, it is
inaDifest that men without tlie necessary moral character, learning
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- IS
or abilitjr, will gaia a foothold in tb« cMnmoa wheolB, aod prewat
a aerioaa obatacle to tbe improTomcDts of which thoy are mscepti-
Ue. This wouU be an evil or the greateat magnitude, tod there
ii DO remedy for it but a strict iiupectioD of tbe eandidatea. It
has been the praclica in aome instances, for inspectors to have a
referaice to the particnbu- circomstances of the case in giving a
certificate. Thus they have sometimes giren an individual a oer-
tificate, with a Ttew to a summer school, in which the children
taught are osaally smaller and require less of the teacher, when
the certificate would have been withheld, if it was asked with a
view to qualify the teacher for a winter school. But it is obvious
that saoh a distinction is wholly inadmissible. A certificate must
be unconditional by the terms of the law: The inspecton must be
satisfied with the qualifications of the teacher, " in respect to nw
ral character, learning and tdiiiity:" And tbe certificole, when
once given, is an absolute warrant for the individual to teach for
a year, and to receive the public money, unless revoked before the
expiration of the year, in which case it ceases to be opermtive from
tbe date of its revocation. The standard of qualification for teach-
ers, so far as granting certificates is concerned, is of necessity ar-
bitrary. The law does not prescribe the degree of learning or
ability, which a teacher shall possess, but virtnally refers the de-
ci«oo of this important matter to the inspeotors. The effect of
•och a regulation is to set up in each town a standard conformed
to the state of public instruction within it. If the in^iecton are
satisfied that the individual is cwnpetent to give instruction in the
subjects usually studied ia the schools in the tonsm, they give a cer>
tificate; if not, they withhold it, excepting in a few eases already
referred to, in which certificates are sometimes improperly given.
It would be difiicult, if not impracticable, to aecare entire unifor-
mity in the inspectors of teachers; and indeed, in the systema of
popular instruction which have recently attrftcled most strongly
the public attention, such uniformity has not been attempted. In
Prussia and France different grades of qualification for teachers
in the primary schools are provided for, and certificates are given
corresponding with the ability of the individuals to teach. This
distinction is founded upon the obvious propriety of allowing dis-
tricts, which are poor, and on which the burden of supporting a
teacher of the first grade would fall too heavily, to employ one
of inferior qualifications. Such a distinction, however, is not, it
is believed, necessary at this time under our system. By employ-
ee oyGoogle
No. B.} rs
vag » qadified teacher tln^e months in ««c1i yen*, -every AiArietit
■entitled to a distributive share of the Comtnoa School Fund, and
ill proportion of the common school tax paid by ihe town, and
there are few instaBoes in which the amount of the contribution
from these sources will not suffice 1o pay him one-hair of the
whole amount of his oompensation for the prestxibed period. Da-
ring the remaining nine months, tlie districts are at liberty to em-
ploy sudi -teacben as they may thiid proper. A\l tiie law exacts
is, that daring ane-foorth part of the year, eaofa disbict which
participates in the bounty of the State, shdl have-a teacher, with.
wboie quidi/icatioiM the inqtoctors of the (own «re satisfied. The
Tequisitioa is by no meabs onerous, «t)d as the Icspeotors hcTe not,
sieither should tbey possess, the power of retani^ the rule with
reference to the cirouMstances of any particular case, by depart
log from the ttandard of qualificvtioD, which they -assuaie aa their
gnide is others. Somedui^ may be done by means of rigid at-
spectioBs, to raise the standard of educatioiK But k cannot be die-
jpiised that opjnieB must first be uiflueooed before it -can h« great-
ly advanced.
The extent of common sdtocd inatraotion in this State, ao far ax it
telates tothe number of those on whom its benefits are bestowed,
mdmits of little, if Any, diange for the better. In this respect oar
«yslem need not shrink from a comparison with any other. When
considered under all its aspects, and particulaHy with a reference
to the tnuMDg of teachers, the Prassian is, pethaps, superior
to every other. But in regard to the number of those whom,
it embraces, it falls short of ours. In 1831, the inhabitants of
Prussia amounted, exctttsire of the army, to 13,780,746 souls:
The number of scholars receiving iofltmction during the same pe-
riod in the different public schools was 2,047,353. Thus it ap-
pears that one io every S.33 of the whole population was, in that
year, receiving instruction.
Tlie popalalion of this State, according to the eensos of 1680,
anonated lo 1,910,183. If the rate of increase from ISM to 1688
wa« equal to the rate of increase from lesft to 18S0, the popula-
ticn of the Sute in 1688 was 2,101,000. During the same year,
the number c^ children actually receiving inatniction to the com-
mtm schooh amounted to 531,340. It, therefore, appears that
one in every 8.95 of the whole population in this State wai, in
168S, receiving instmction in the Comiaioo schools ttone.
[ Asaem. 1T6. 8.] 8
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18 [Ai
n ODght oof fo be overlooked, ihat thi'i great retult haa bceo
brought about by the force of opinioa, stimulated by a very smalt
pecuniary interest. In Frussia, on the other hand, the system of
popular instruclioD has been extended over the whole population
by force of law; presenting the noblb example of a government
with almost unlimited powers, employing them for the purpose of
eialting the intellectual character of its subjects.
The incompetency of teachers is still the great eTil of the emn-
mon school system of this State, and it may, indeed, be said to b«
the source of the only other material defect, which pertains to it —
a low standard of education in most of the schools. The evil,
however, is by no means universal. There are many teachers of
ample qualifications, and many schools of high standing, both as
regards the nature and extent of their requirements. The only
cause of regret is, that this is not the character of all. The prin-
cipal obstacle to improvement is the low wages of teachers; and
as this is left altogether to be regulated by contract between them '
and their employers, there would seem to be no effectual remedy
for the evil but to inspire the latter with more just conceptions of
the nature of the vocation, and its high responsibilities, and of the
necessity of awarding to those who pursue it, a compensation in
some degree suited to its arduous duties and requirements. So
long as the compensation of teachers is on a level with that which
is commanded by the most ordinary employments, it is not to be
expected that men of the necessary talents will prepare themselves
for the business of teaching; but it may be justly said, that there
is scarcely any vocation, in which the best talents can be em-
ployed to greater advantage. It has certainly not been common
to assign to it a value at all commensurate with its impor-
tance; and it must be confessed, that while its end was to teach
reading and writing and a few elementary rules in arithmetic and
grammar, there was some reason to undervalue it But on this
subject more just views bepn to prevail. However narrow the
limit of instruction, it is obvious that the mere aascciation of a
teacher with pupils, who are at an age best fitted for the recep-
tion of strong and durable impressions, cannot fail to exert an
influence upon their minds for good or evil, which may determine
the complexion of their whole lives. Whatever the design may
be, schools must, from the necessity of the case, bo instrumental
to the formation of moral as well as intellectual character; and it
is of vital importance that the moral qualities and habits of the
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1«0l 6.] 10
■Ditnietor, independently of his ability to teach, should, at leatt,
carry with them no lessons of evil. But to enable him to diacbargo
fail duties in a m&Dner suited to their great purposes, he should be
fitted by his disposition and acquirements to give a proper direc*
tioD to the moral sentiments, to bring into activity the intellectual
facultiei, to Jay open those rich stores of knowledge, which are
to be found in the nature of man and in the external objects by
which be is surrounded, to create a spirit of inquiry and observa-
tion, and teach its application to practical uses. To accomplish
these results, a high grade of qualification is indispensable; but
nothing less, it may be safely assumed, will satisfy the existing
desire for rational improvement, or keep pace with the advances
of science and the progress of just opinions. In order to command
the services of men competent to discharge this elevated trust, an
•deqoale compensation must be provided for them; for it cannot
be expected that any occupation, excepting such as confer influ-
ence or distinction, will invite to it talent and skill without the pro-
mise of pecuniary rewards proportioned to its labors and aacriAces.
Before the evil referred to can be wholly eradicated, a change
must be wrought in public opinion: and it is believed that such a
cbaoge is already in progress, and that it may be accelerated by
■neasurea, which are now under the consideration of those who
have the power to adopt them. During the last session of the Le-
^*slature a law was passed authorizing the Regents of the Univer-
sity to apply a portion of the revenue of the Literature Fund to
the education of common school teachers; and it is understood
that a [dan will be matured, >at an early day, to establish depart-
ments of instruction and discipline for the purpose, in connexion
mth some of the organized academies. The execution of such a
plan will but carry out a policy which was distinctly recognized
by the Legislature in 1827, when the capital of the Literature
Fund was augmented, to use the language of the law, in order
** to promote tlic education of teachors," although the design of
the law was not sustained by the measures necessary to give it the
form and effect of a system. Should these departments succeed
in preparing for the common schools a supply of well trained teach-
ers, it is believed that the influence, which the tatter may exert
apoo the public mind, by the superiority of their methods of in-
struction over those in common use, will do much to bring about
that change of opinion which is indispensable to the perfection of
oar vyatem of popular education.
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9V [Ami
In Frasdu tUv expense of tfie setninsries for teu^en is nearTj-
eqnal to one-6rteentH of the whote aonuat eipense of the primary
vchoolf^ In TSSS then were forty-two of these institutions^
twenty-eight of wbicb were extensire estabHshmentsi. The other
IburteeB were lubordiTiBte or bnmcb aeimnsries^ Of the larger
etass some have ancient enifewments, which diminiab tiie contri'
kations from th& public treasury to their supports But the go-
Temment expends npoD tfaem annually abont 980,000. hi 183Z
the expense of thirty-three seminaries amounted to 980,000, of
which sum tbe goverament paid 900,000. In the year I83S more
^an 3,000 pupils were receiving initrnction is these insHtutionSr
and about 000 are annually fornisbed for the primary schools.
The whole number of teachers in the difiereat schools is abov»
32^000, and the annuid vacancies range from three to four per
eent. Thus the seminaries, on their present fooling, are adequate
to supply the entire demaad for teachen.
In this State the nainber of school Astiicts is nearly ten thousand,
and the number of teachers about the same, althosgh in a small
number of districts two or more teachers are emptoyed. If the-
schools were now farnished with teachen, and vacancies were to
occur in the same proportion as in Fmssia, an annual supply of
four hondred would be necessary. There would be no difficulty
in preparing such a number in the incorporated acadeimes, with
fittle more expense than that of estabKshing the necessary de-
partments, and providing for the compensation of one or more
additional instructors in each academy employed for the purpose.
The only difficulty would be to induce the school districts to secure
the services of the teachers thos prepared, by oflering them a fair
compensation. The St. Lawrence academy alone, with no direct
oontribution from the Stale to this specific object, has sent out in
% single year sixty teachen for common schools. One academy
in each Senate district would, therefore, be adequate to supply all
the demands of the common schools, if they were actually pro-
vided with competent teachers.
In Fmssia the whole expense of erecting buildings for teachen'
seminaries, supplying them with libraries, apparatos for instnio-
tioo, and musical instruments for the pupils, has been paid by the
government. Board is alio furnished by the State for alt the pa*
pils, but by far the greater part of them pay an equivalent for iL
In engrmfting upon some of our incorporated acadtmies depart-
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Jfo. &] SI
mentv of instruction for the edacation of tetchen, the necessity of
preparing proper buildings would be in a great degree obviated.
In some cases it might be necessarT' to add to them, but the ex-
pense would be inoonsiderable. The pupils would not only. pro-
vide their own board, but moat of tbem would also be able to pay
for tuition, so that the departments would contribute, in some de-
gree, to their own support A better apportunity of putting into
operation, «t little expense, an efficient system of training for
teachers could hardly be presented.
If the foundations of our whnle system of public instruction were
to be laid anew, it would perhaps be advisable to create separate
seminaries for the preparation of teachers, although from the na-
ture of our institutions it might be deemed arbitrary, if indeed it
were practicable, to compel the school districts to employ them.
It would be equally difficult, without a great augmentation of
the Common School Fund, to present to the districts a sufficient
pecuniary inducement to engage the individuals thus prepared:
and it may be safely assumed that nothing short of a thorough
coDvictioQ in the public mind that common school teachers are in
general incompetent to the proper fulfilment of their trusts, and
that the standard of education is extremely imperfect, would ac-
complish the object. If that conviction can now be created the
existing evils may readily be redressed. Our common school sys-
tem is so perfectly organised, and admiaistered throughout with
M much order and regularity, and bo many academies undei able
management are already established, that it would seem the part
of wisdom to avail ourselves of Uiese inatitatioos to the extent of
their capacity, for the purpose of training teachers for the com-
mon schools. Their endowments, their organization, the expo-
rieace and skill of their instroctors, and their whole intelleetiial
power may be made subservient to tiie public purpose in riew,
and with the aid ^ich the State can lend, much may be eSbcted.
Bat whatever differences of opinion may prevail, with regard to
the foundation of this plan in sound policy, the quettioo has been
siettied by the Legislature, and it remains only to carry it into eie-
eation with proper energy. Shonld it prove inadequate to the
ends proposed, a change of plan may then be insisted on, without
being open to the objection of abandoning a system, which has not
been birly tested.
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$1 [Amkiim,t
ItinayDOtb«iinpro|>ertoreinBrkin thitplaco, that th« necenaTj
coDnexioD which exisu between ourcooimon ichools and the litera-
ry institutions of ttie State, including those of ttie highest grade,
has been too frequently overlooked. The academies have already
been, in cSoct, without receiving from the State any direct pecu-
niary wd for the purpose, nurseries for common school teachers.
The great body of those, who have cither temporarily or perma-
nently devoted themselves to teaching, have been prepared at the
academies with a view to that occupation, or to some professional
employment. The intitructors in the academies have, in their turn,
been educated in the colleges; and but for the latter, or some other
system of classical and scientific education as a substitute for the
course of training pursued in the colleges, the academies would
obviously be destitute of the necessary supply of tutors. Thus,
all our incorporated literary institutions minister to the improve-
ment of the common school system, on which the great body of
the people are dependant for their education. It is true, that col-
leges are apt to be regarded as aristocratic institutions, beyond the
reach of tlie poor, and therefore, beneficial only to the rich. But
iadependently of the indirect benefit already referred to as result-
ing from them, it is believed that this prejudice will be found, on a
close inspection, to be founded wholly in error. Men of fortune
are obviously independent of them; for, however convenient they
may be, wealth can always command the services of talent, and
the children of those who can afibrd the expense, may be educated
•t home or in private schools. But this expense is altogether be-
yond the ability of individuals in ordinary circumstances. A man
of little property may be able to educate his child in on institu^ou,
which, by reason of its endowments, can fix the charge for tuition
at very reasonable rates. If the institution is so near that chil-
dren can board at home, it is brought within the reach of an addi-
tional number. Indeed, many young men, altogether without pro-
perty or pecuniary assistance from their friends, succeed now in
gaining on education at college by their earnings during vacations.
In the endowment of Union College, provision was made by the
Legislature for indigent students. In the year 1833, books were
furnished gratis for all who were unable to provide them, and se-
venty-three young men were " otherwise assisted from the fund
granted by the State for the purpose." It may be justly said that
colleges are not necessary to the rich, but that they are to persona
ia ordinary circumstances of the greatest value. They serve to
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M0.8.J Si
abolish the most important diatinction which can exist nnder our
political institutions and laws — the distinction between the educated
and the uneducated — and they enable those, who are destined to
rely on their own unassisted efforts, to enter into competition in
the highest intellectual fields of enterprizc, with those who hare
been sustained by the adventitious aids of wealth.
Whatever doubts may have been entertained with regard to the
beneficial effects of inititutions, sustained wholly or in part by 8°"
vemment patronage, for the hi^er departments of education, none,
it is conceived, can reasonably exist in relation to our colleges mi
their present footing. None of them are so highly endowed as to
be able to dispense altogether with contributions from their pupils;
Aey are generally dependent in a very great degree on public pa-
tronage for their rapport; they derive no regular income from the
State treasury; the same competition, which prevails in the ordi-
nary transactions of individuals engaged in the pursuit of a common
object, is to strcHigly felt by them, that professors without talents
and industry will find no place in them, and the course of studies
must necessarily take its complexion from the public wants, and
cast off every thing, which is either useless, or repugnant to the
. prevuling spirit of society.
But it is principally as accessory to the great objects of common
school instruction, that our colleges and academies deserve to be
cherished— as nurseries for those through whose instrumental ily
the standard of popular education must be raised to its proper ele-
vation.
The system of instruction in the common schools is in general
defective. The practice of paying low wages has, as might have
been expected, introduced into them teachers wholly incompetent
to execute their trusts; who, in their turn, have brought in bad
methods of teaching, and kept down the standard of requirement
for their pupils on a level with that by which their employers have
measured their qualifications. This is not only an injury to the
younger classes, by withholding from them the culture necessary
to a full development of their intellectual faculties, but it is an in-
jury to our political institutions, the frame of which rests upon the
baMs of popular freedom, and derives its whole strength from the
public iatelligcnce and virtue. In the progress of civilization it is
matulest that there are evils to be counteracted as well as benefits
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to be enjoyed. As the occopfttioas of men become more TariouB,
and the objects of their punoit are adapted to an advancing itate
of refiDement, the divisions of industry become more minute, and
the field of intellectual exertion for those who depend on manual
employments, is in danger of being narrowed down to a smaller
compass. Under any liberal form of government, this is an evil;
for on the intellectual cultivation and moral power of the great
body of the people must depend iu tranquillity, if not its perma-
nuice: But under ours, it would be an evil of fearful magnitude.
If with us, as every where else, the tendency of improvement in
the arts of ciriliutien is to increase the distance between particu-
lar olasTCS of the political society, this tendency should be coun-
teracted by the proper remedies. The provisions of oar laws in
relation to the division of estates, and the prohilHtions which have*
bean set np against the perpetuation of masses of property by de-
scent, have done much to gnard against the evil referred to. But
something more remains to be done. The distinction between the
educated and the uneducated, should, as far as possible be diminish-
ed, not by depressing in any deg^e the standard of educatitm, but
by raiung all to the greatest possible approximation to the highest.
It is in this manner only that we can do justice to ourselves, and
lay broader and deeper the foundations of our social prosperity
and happiness. The attention of the great body of the people
should therefore be directed to objects beyond the sphere of the
employments on which they depend for their support; and to ren-
der effectual a system of education adopted for the purpose, its in-
fluence must be felt in early life. It is only by eteratiog the cha-
racter of the common schools, that a timely spirit of inquiry is to
be roused, and Uiose habits of reflection formed, which are to car^
ry the individual forward in the pursuit of knowledge, and in the
improvement of his moral and intellectual faculties. Reading,
writing and arithmetic, are not to be regarded as the end of com-
mon school education, but as the instmments through which he
may gain a knowledge of his own powers of those . natural laws
which he may conrert to his own use and of the institutions under
the protection of which he lives, and upon the action of which he,
as a part of the sovereign society, exerts a perpetual influence.
The principal branches of common school instruction are usually
' taught with little other purpose or efiect than that of attaining the
single object in view; whereas, in learning to read, the pupil might
acquire many valuable principles and useful facts; and in gain-
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No. 8.] 3»
iDg & knowiedge of arithmetic, he should be taught how to apply
the processes Mvitb which he becomes familiar, to the practical bu-
siness of life.
Whatever may be true of other countrice, it is a great mistake
in ours to suppose that the education which an individual receives
should be designed exclusively to fit him for the particular employ-
meat which he is destined to pursue. The relation which every '
individual bears to the government, is so important in its charac-
ter, that he cannot be fitted to sustain it without a considerable
degree of intellectual cultivation. He should be able to determine
whether those whom he has contributed to clothe with political
trusts, have confined themselves within their warrants of authori-
ty, or whether, in the eitercise of their acknowledged powers, they
have acted for the best good of their constituents. To decide such
questions intelligently, no inconsiderable information is necessary;
nor is it to be expected that they will be correctly decided without
a just power of discrimination. In the progress of those altera-
tions which have been made in the frame of the government of this
State, the people have thought proper to resume the exercise of
powers, in respect to the right of suffrage, which they had former-
ly confided to fewer hands. In thus resuming them, and carrying
out more fully the principles on which the government is founded,
it should not be overlooked that the people have devolved on them-
selves an increased responsibility; and it becomes their duty to
provide that all who are concerned in the exercise of the powers
referred to, should be made competent to the task. For this pur-
pose, it is only necessary that the common schools should be pro-'
perly supported, that able and well-trained teachers should be pro-
vided, and that the standard of education should bear a just rela-
tion to the great objects to be attained.
Independently of this general view of the subject, there are other
reasons of a more particular application to individuals, for raising
as high as possible, the standard of common school instruction. —
Knowledge carries with it influence over the minds of others, and
this influence is power. In free governments — 'What is of more
Tital concern — it is political power. If common school instruction
is to terminate with a knowledge of a few elementary branches, it
is manifest that the classes which receive all their education in
them, will not, in wielding the political power of the country, par-
ticipate, equally with those who have the advantage of a more en-
[Assena. No. 8.] 4
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'3ff lAsBEKBLT
hrge6 and better directe'd eotirse of training. Everj man may,
in theory, have the same power, b»t it -will bo virtually regnlated
by tbe force of his intellectual character. Under form* of govern-
ment, which throw open to att tbe citizens the avenues to political
distinction, every individual should seek, in the eduestion of hi»
children, to lay at broadly as possible, the foundation of their in-
tellectual character, and to qnalify them for an advancement to
posts of honor or emolument. It is one of the most vahiable fea-
tures of our political system, that all are equally free to enter into
competition with each other in the parsuil of wealth and power,
and that there is no elevation which may not be reached by perse-
verance and industry, however humble the condition of him who
aspires to it. But who does not see that competition will be une-
qual, and the proper action of the system disturbed, if the great
body of the people are not furnished with such early instruction as
is essential to tbe development of their intellectual faculties T
A defective and intperiect system of public instruction is not only
unjust to our institutions and to the community, but on tbe score
of economy it is highly objectionable. By a judicious reform in
the existing methods, it is believed that in one-half of tbe time
now devoted to elementary instruction, much more valuable infor-
mation might be obtained. Such an economy of time would be a
gain not only to individuals, but to the whole commnnity. The
average duration of common school instruction for children cannot
fall short of twelve years; and if the same knowledge could be
gained in half that period, six years of useful and productive exertion
would be added to the life of eveiy individual hereafter to be edu-
cated. If, in the same time, a higher degree of cultivation may
be attained, the moral power of the community will be increased
in proportion. Every man who depends on his manual exertions
for support, feels the importance of securing the assistance of his
children at the earliest possible day. To him, a saving of time is
a saving of money; and by paying a little more for a few years
for a competent teacher, he will not only consult hia pecuniary in-
terest, but promote the more important object of fitting his chil-
dren for those spheres of usefulness and honor, which are open to
them. If time is valuable in the present condition of the country,
it will be still more so when population becomes more dense, and
the means of subsistence more difficult to be procured. In the
progress of improvement, most of the employments on which men
rely for their support, demand of those who follow them, a higher
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No. 8.] 21
l^de (^ qnalificatlon; and the time allotted to prepar&lion nnnt
«itber \>c enlat^ged, or bo employed as to allbrd ia a shorter period
the «ame amount of practical information and discipline. The ef-
fect of competition, which is constantly increasing as improvement
advances, is to reduce the profits of almost every pursuit, and to
augment still fiirther the time necessary to be devoted to labor.—
The necessity, therefore, of carrying into the common schools sDch
tnethods of instruction as shall save time, and call into more full
and efficient exercise the intellectual powers, ia constantly becom-
tag more urgent. In any sphere of instruction, cheap teachers are
unquestionably the most expensive. If they demand less money,
they consume more time, vhich is as valuable as money, and the
fruits of their labor partake of their own deficiencies. In all other
matters, men are accustomed to employ those who are best quali-
fied to perform the service required of them. But the education of
dieir children, the most important of all trusts, fnnu its connexion
with the moral as well as the intellectual character, is often confided
to those who aflbrd no assurance, in their acquirements or in the
tenor of their lives, that either their instruction or their example
will redound to the improvement of their pupils.
But, as has already been observed, a change in public opinion
is, it is believed, in progress; and it is earnestly to be hoped that
it may be complete. When measures shall be taken to train in
the organized academies such a supply of competent teachers as
to provide each town in the State with a few good schools, the
contrast between the improved meUiods which will be introduced
into them and those which arc in common use, can hardly fail to
produce in neighboring districts a degree of emulation, which will
gradually bring the schools established in them to the same stan-
dard. Imperfect as are many of our common schools, they are,
it may be confidently said, in better condition than they have been
at any previous time. The standard of edueati<m in general has
gradoally advanced, though very slowly. But in some schools a
high degree of excellence has been attained, and within the sphere
of their influence improvements are gaining ground in others. In
districts where the inhabitants hare not bad the oportunity of wit-
nessing the beneficial efiects of better methods of instruction, it is
natural that they should be content with those to which they have
been accustomed. But the good sense which the people carry in-
to their ordinary transactions, will in this matter, as in all others,
guide them to correct conclusioDS when tb« benefits of improved.
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38 [AaBEHBLV
and the evils of defective, methods are brought home to their ob-
aervation. As the demand for competent teachers is augmented,
and such wages are odered as. to ensure their services, the num-
ber of those vrho prepare themselves for the business of teaching,
will increase in a like proportion. Should departments of instruc-
tion for teachers be established in the existing academies, as is
contemplated, and the plan prove efficient and become popular, it
may be readily extended so as to be commensurate with the wants
of tho whole State.
Although the compensation of teachers is still extremely low,
it is gratifying to reflect that it is increasing. In the districts
heard from, the number of schools kept during the year 1883,
an average period of eight months, was nine thousand three
hundred and ninety-two. The amount actually paid for teach-
ers' wages, in the same districts, was about six hundred and
sixty-five thousand dollars. This sum divided among the schools
would give each teacher 98. S& per month. But it is sup-
posed thai female teachers are employed about half the time at a
compensation of five dollars per month. In this case, the average
compensation of male teachers would be (12.70. By a similar
estimate for the year 1631, contained in the report of the Super-
intendent made in 1833, it appears that the average rate of wages
for male teachers was but 911.85. A Bimilar estimate for the
year 1832 would give •12.32. Thus it appears that the rate of
wages is steadily advancing, although still^aUogether inadequate
to the services rendered.
In the last annual report of the Superintendent, he expressed
the opinion that some of the leading features of the Prussian sys-
tem of popular instruction "were wholly incompatit>le with the
genius of our institutions." That system is, perhaps, as well or-
ganized and administered as- one of the kind can be: Certainly
nothing can be more admirable than the regularity with which its
operations are carried on; and notwilhslandtng it is compulsory
in its character, it appears to have secured the approbation of the
inhabitants of Prussia, Although a few years only have elapsed
since it was brought to perfection, it has existed in that country
for several centuries in a diflerent form, and has been long incor-
porated with the prevailing habits of thinking. A single fact will
show that it is regarded with favor by those for whose benefit it
was designed. From seven to fourteen years of age all children
are required to be sent to school. In the year 1631 the whole
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number of children id Prussia between the ages of seven and four-
teen years was 3,043,030; while the number of children actually
attending the schools of the diSeront grades was 2,047,352. De-
ducting from the number first mentioned, those who from bodily
or menial infirmities were deprived of the benefits of instruction,
together with those who were instructed in private schools, and
the nu liber actually attending the public schools would appear to
have greatly exceeded the whole number who were required by
law to attend them, and to have been nearly one-sixth of the
whole population of Prussia.
Although the system seems to rest alike upon popular favor and
pablic law, its very foundation is compulsion. For this reason (he
Superintendent deemed it unsuJted in many respects to the pre-
vailing opinions and condition of society in the United States. In
this opinion he was not singular. Indeed, the siune objection
seems to have been raised in England, where it might be expected
to. weigh much less than here. Plans of popular education are
now under public consideration in that country, and have enlisted
many of the first writers in the discussions to which they have
given rise; but in none of those which have fallen uuder his ob-
servation, has the principle from which the Prussian system do-
rives its efficacy, been admitted to any considerable extent. The
following is extracted from an able article on education recently
published.
"Our attention has of late been strongly directed to the corfi-
plete system of popular education for all classes, established in the
Prussian dominions, and in other parts of Germany. . The instruc-
tion of the whole population, distributed in their different schools
of primary instruction for the lowest orders, of burgher schools
for the commercial classes in the towns, in the gymnasia and the
universities for the higher orders, is administered by the benefi-
cent despotism of the State, with the regularity and uniformity of
military discipline. Some excellent persons are desirous that a
scheme of this kind should be introduced into this country; to
which there is this insuperable objection — its total impracticabi-
lity. Education may eventually form, but it must first adapt
itse/r to the national character."
Although a system of measures framed with a view to accele-
rate the improvements, of which oiir common schools are suscep-
tible, by -withdrawing them from the control and supervision of
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those most deeply interested in them, might be easily devised, and
might, at first glance, seem calculated to secure the object, it is
believed that the effect of such measures, would be far from salu-
tarv Hpon a people who are to be actuated by moral influeDcea
rather than by compulsion, especially in matters which have a ne-
cessary connexion with the formation of opinions. Laws pro-
viding for, the appointment of teachers for school districts by the
State, without the consent of the inhabitants, prescribing a par-
ticular course of instruction, requiring the inhabitants of school
districts to send their children to school under penalties for ne-
glect or refusal, to provide teachers with houses and fixed salaries,
and to pay them pensions when they become disqualified by age
or infirmities for the discharge of their duties, would be consider-
ed ao invasion of sacred privileges, and could hardly fail to draw
down an opposition, which would retard the very improvements
they were designed to secure. For the adoption of the meaiures
necessary to the perf<;ction of our common school system we must
rely mainly on the intelligence of the people. To assume that
they are incapable of forming a just estimate of their true inte-
rests, or ihat, estimating them properly, they will be unwilling to
do what is necessary to seciire them, would be an impeachment
of their good sense, which is not warranted by experience, and
which, if admissible, would also impeach the "Wisdom of our whole
political organization. Experience shews that the people require
only to be furnished with the proper means of observation 10 judge
rightly. In the vicinity of the St. Lawrence academy, in which
a system of lectures on the principles of leaching has been regu-
larly delivered to a numerous class, during the last three or four
years, the average rate of compensation for teachers has advanced
about three dollars per month. The school districts enter into
competition with each other to procure the teachers prepared at
the )nstituti'>n, which has been wholly unable to supply the de-
mand. The teachers educated at the Andover Seminary, in Mas-
sachusetts, command readily a compensation for their services,
which enables them to devote themselves to teaching as a perma-
nent vocation. The same effects which have been produced in
the neighborhood of the St. Lawrence academy will be visible
elsewhere, when the same opportunities of observation are pre-
sented; and when the training of teachers is reduced to a systenn,
and the standard of education in a few schools is raised to its pro-
per elevation, the sound judgment and liberality of the great body
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No. a] 31
of the people may be safely relied on for the extension of these
improvements to every part of the State.
It has, indeed, been said that in establishing systems of public
education the government, and not the people, must give the im-
pulse. But, however true the observation may be of other coun-
tries, esperieuce has shown that it has no application to our own.
The foundations of the common school sy8t:;m, which cxisU un- '
der difiercDt moditications of form throughout the northern and
eastern States, were in most cases laid by the people, without
the aid of the public authority. If there is any one sentiment
with respect to our social condition which has prevailed more
generally than any other from 4he earliest times, it is a deep
rooted conviction of the importance of education for all classes.
With regard to the extent to which intellectual cultivation should
be carried in the common schools, opinion has certainly not kept
pace with the progress of improvement in other matters; hut as
has been already 'suggested, the evil has grown out of the imper-
fect methods of instruction in common use; and in order to securo
the correction of the evil the necessary improvements in common
school instruction must be brought under the same intelligent ob-
servation in which the foundations of the system were laid. If
this be done, it is believed that no compulsory measures will be
necessary to ensure their adoption.
It was for a long time contended by the most profoond writers,
that the support of religious societies could not be safely entrust*
ed to the voluntary contributions of the people. But our experi-
ence has completely overturned the arguments on which this fal-
lacy is founded; and it gives us the strongest assurance, that the
tame enlightened sentiments which have so liberally sustained the
established systems of religious worship and instruction, will, with
equal liberality, austain those systems of early moral and intel-
lectual cultivation, without which the generations to succeed us
Would neither be fitted to discharge their duties to themselves, to
their country, nor to the Power on whose providence depend the
destinies of alL
Id the last annual report of the Superintendent, he stated brief-
ly the principal branches of study, which were deemed essential
to every individual, in order to fit him for the discharge of th«
duties of citizenship. The importance of the subject, and the in-
creased attention which popular instruction has recently attracted,
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33 [AesEMBLr
will, he trusts, be deemed by the Legistatnre, a lufficient apology
for repeating the enumeration then made, though no legialativo
action is required.
Qrammar. So much aa is necessary to a correct comprehension
of the difierent parts of speech, and such a course of exercises in
parsing as shall render the student familiar with the practical ap-
- plication of the rules which jfovem their relation to each other.
This branch is usually commenced too early, and much time ex-
pended to little or no purpose.
Geography, A thorough knowledge of the geography of the '
State of New- York and of the United Sutes, and so much of the
. geography of the earth, political as well as physical, as treats of
its general divisions, of climates, soils and productions, and such
elementary statistics as are usually engrafted upon geographical
works.
History. A familiar acquaintance with the history of the United
States; and the elements of general history.
Arithmetic. The usual course as far as and including the Rule of
Three. To this course should be added the elements of geometry.
Civil and Criminal Jurisprudence. A few practical rules of the
former, and so much of the latter as points out the offences, to
which penalties are annexed by law. These may be compressed
into a very narrow compass.
Constitutional Lavs. The form of government and the fundamen-
tal principles of constitutional law. A knowledge of these may
be best obtained by studying the Constitution of the United States
and the Constitution of the State of New- York.
r'- The Duties of Public Officers. So much as relates to our State,
eounty and town officers. A brief and well executed treatise on
this subject has already been prepared and published.
These subjects may be studied \vithout difficulty, and without ad- "
ding to the time necessarily devoted to elementary instruction, by
retrenching from others, which occupy too much attention. A
great deal of time is lost by commencing the study of grammar
at too early an age, and committing to memory abstract rules, the
reason of which is altogether above the comprehension of tho
.o.y Google
Ko. 6.) at
leaner. Tha result is, that time it misspent, and there is danger
also that a distaste may be created for study, by tasking (he mind
Vith acquisitions which it cannot understand, and in whicli it feels
00 interest The memory may be more advantageously exercised
in treasaring op useful knowledge oa a level with the capacity of
the learner; and by directing the attention to suhjects which awa-
ken interest, apjdication ceases to be a task.
It was stated, in the last anouai report ot the SaperiBteodcDt,
that, from tbe mode of enumeratioD adopited in tho public 8oho<^
in the city of New- York, under the provisions of' the law, tbe
whole extent of the efibrta and suoceaa fit the Public Sdiool Soci>
«ty was not exhibited; Tbaa, ahhough the i«^x>rt stated the num-
ber of pnpils in the- schools in the year 1S83, at five thonsand five
hundred aod twenty-three,' yet the actual number receiving in-
struction during a portion of the year, was seven thomasd and
twenty-six. thiring'flie year leSS, the efforts (rfthe Society have
been more succesafiU than in any previous obo. Althoagb Iba-
namber of children receiving instruction is stated in Abstract A^
at seven thousand seven hundred and thirty-one, the actual nam-
ber, who were registered and received ioetraetioa during a portion
of ^tt year, is thirteen thousand five himdred and eighty-eight
This great ineremse in the namber of children receiving instmo*
tion in the city of New- York is highly creditable to the Society:
and, aMiough many must still be withtHit tbe betiefits of eduoar
tion, the number is regularly diminishing. From the zealona e><
ertions of the individuals connected with tha Society, there ia
every reason to anticipate that the existing deficieiMaes will be
brought within still narrower limits.
The whole number of schools under the control ctf the society
is stated to be forty-five. But tho actual number having in some
respects a distinct organization, is seventy-five. Of these, several
are frequently found in the same building; and in such cases, they
are considered as one, and are so stated in this report
A copy of the report of the commissioners of school money of
ihe ciiy and county of New- York, ia herewith annexed, and mark-
ed G.
The introduction of such improvements into the course of common
school instruction, as will make it equal to its high purposes, is an
[Assem. No. 8.] 6
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M [AsefiMBLr
object which may jiutly cliim the couDteaance and co-operatioa
of ail claBsea. On our conuDon achoolt we muit rely to prepare
the great body of the people for [naintaiiiing invioTate the rights of
freemeo. If the political fabric caesot Gad lo the public intelii-
geoce a basia broad aod firm enough to uphold it, it cannot long
resist the shocks, to -which, throu^ the collision of conteoding in-
lereats, it is continually exposed. Forty-nine ont of every fifty of
our citizens, receive their education in the common acbools. As
tkey advance to manhood, they are, for the moat part, devoted to
manual employments. Looking to their own industry a> their on-
ly resource, and to its fruits as the bouadaries of tbeir personal de-
nrea, the object nearest their hearts is to see tbeir cmuitry pros-
perous, (he laws administered with <Mder and regularity, and the
* political importance which the Constitution has secared to them,
tnaintaiqed undiminisbed. The controversies to which oonfiicting
interests give birth, are to be put at rest by their decisions. In
the questions of policy which are presented to them, coostitu^onal
principles are frequently involved, and the relation they bear, and
may in all future time bear, to the government, is directly or indi-
rectly aSccted. How important is it that their dectsions should
be as enlightened as they will be honest; that with every motiva
to be upright and conscientious in the exercise of their poliUcal
rights, they should combine also the capacity to maintain them with
independence and discretion I If they shall ever cease to bring to
the settlement of these great questions a sound and enlightened dis-
crimination, they eannot fail to bec<Hne the dupes of artful leaders,
and th«r country a prey to ioteroal discord. From the genius of
our political institutions, popular edooation is oar only security
against present and future dangers. Ignorance is said to be the
parent of vice: with us, it would also be the parent of those fatal
disorders in the body politic, which have their certain issue in an-
archy.
Happily, our system of public instruction embraces within it al-
most all who are capable of participating in its benefits. Our only-
remaining duly is, therefore, to provide that it shall not, at any fu-
ture day, be reduced to narrower limits, and that the standard of
education shall be so advanced, as to secure the highest possible de-
gree of intellectual cultivation.
K)HN A. DIX,
Superintendent of Common Schools.
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[AssBiist>v
htereoMe of the JWnrf.
Bond! for Isnds taken thit year, viz:
For aalei of the laudi by tiie Surveyor-
General, $a&,sm 55
do do by the Attorney-
General, under foredoaure of mortg's, 488 87
Transferred iiroiD the General Fond to dis-
charge the amount due from that fond
to the capital of this, IM,081 43
Bonds for loans taken tbi* year, viz:
Pot tales of premises by the Attorney-
General, under forefilosure of mortg's, 0 00
For loans of the capiut of the fond •10,300 00
^ 10,300 OO
Moneys received into the treasury this year, viz;
For prindpol of bonds for lands, tSO,??! 69
do do for loans, 8,195 09
do loanofnea, 507 78
do loan of 1702, 14,037 37
do loanoflBOS, 13,587 10
For first payments on sales of lands, 9,976 40
For canaf stock soM to the CommiHiooera
of the Caoa] fund 100,000 00
•173,135 M
For prindpal of bonds for lands sold for
arrears of eonsideration is 1883, 1,145 80
178,381 43
•883.860 3«
/>iitiwii^t(m of the Fund.
Extinction of principal of bonds for lands, viz:
By payments into the treasury, ^0,771 89
By reversion onder the Surveyor-Gene-
ral's resales for non-payment of consi-
deration 6,489 87
By foreclosnre of mortgages by the At-
torney-General, exclusive of first pay-
ments, 1,397 81
By redemption of lands sold for arrears
of consideration inl881-4, 1,145 80
By sales for taxes, the premises being
bid in ibr the Sute. 376 51
Carried forward,.... •
.coy Google
Mo. S.] 85
Broagbt forward,.... $
By tratufer to book of doabtful debts in
1833, balance due on foreclosed mort-
gages, 362 00
•40,343 44
Extinction of principal of bondi for loans, viz:
By nBymmts into the treasmy 99,196 00
By foreclosure of mortgages by the At-
toroey-General, exclusive of first pay-
ments ~. 0 00
— 8,186 00
Extinction of principal of
Loan of 1786, by payments into fbe treasury, 567 78
do 1793, do do 14,087 37
do 1808, do do C13,687 16
By foreclosure of mortgages bought in for
State, 673 36
14,260 42
Canal stock sold to the Commissioners of the Canal fuhd, 100,000 00
Moneys paid out of the treasury this year, viz;
For bonds belonging to the General Fund,
transferred to tnis, to discharge the
amount due from tbat fund to the capi-
Ul of this, tlM.OSl 43
For loans of the ci^ita) ».... 10,200 00
178,381 -43
•S46,B8a 88
( B. )
Conunon School Fund.
CptaL
btimaMd nTMKw
fcrWSS.
Bonds and mortg*! for lands sold,
do do for loans from
the capital,
Balance doe on loan of 1786
do do 1782,....
do do 1808
Canal atock, bearing u interest of
•800,860 73
40,655 00
3,826 67
201,000 66
386,198 04
280,000 00
180,000 00
60,000 00
48,000 00
2,600 00
800 00
12,000 00
18,000 00
8,000 shares
in the
bank,
in the
eompa
atock of the
1,000 shares
Manhattan
stock of the
»y.
8,600 00
11,780,645 80
•108,400 00
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66 [ASHBHBLY
To this fuad alio belong all tho uDsppropri&ted landa ownBd by
the State on the fint of January, 1 S23, ana yet remaining unaold.
Estimated revenue and actual receipU on account of the revenue of
the School Fund, for 1834.
E«tin«t-d KTMUl.
ibrlSSl.
Aoliial imnpM far
InterflBt on bonds and mortgagea foi
■chool fund landi sold,
do on bonds for loans from the
capital,
do on the loan of 1786, ..
-do do 1783
do do 1808,
40,000 00
1,700 00
500 00
18,000 00
SO, 000 00
16,600 00
11,500 00
8,500 00
100 00
87,663 n
1,870 04
810 IS
12,805 67
30,134 46
16,500 OO
12,060 00
8,750 00
288 72
Dividend on stock of the Merchants'
bank.
do do Manhattan Co.
Rents of land
Clerk's fees
Interest on money in the treasury,.
•106,800 00
•104,800 7a
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Mo. ft.] 8?
( r. )
Common School Fund, from 1806 to 1835.
Tie foUmeing table exhibits ike capital of the School Fund, aceord-
iia to the annual reports of the Comptroller, from the foundation
vf the fund in 1805-6 to 1885; also the annual interest or reve-
nue derived from the fund; the amount annually apportioned
from the State treasury, and the increase and decrease of the ca-
pital each year, for 29 years.
.C^*l.
AunmlnTeniM
SoiD unmllr pud
Iiwrau* of capild
ninterat.
hm Steb. It4^.
ftomy~torS!
1806
58757 24
Not Stated.
[No distribu-
1807
163163 96
'•
tion to be made
134405 72
1806
807164 56
"
until the reve-
124001 60
1809
890637 15
24116 46
Due atnouuted
83473 59
1810
428177 91
20480 77
to tso.ooo.]
37540 76
1811
483326 29
36427 64
56148 38
1812
558464 09
45316 95
75138 40
I8I3
630758 07
47612 16
78298 38
185306 87
89392 95
I6I4
833064 94
57248 89
leis
661457 89
57539 88
1816
934015 13
'64053 01
60000 00
72557 34
1817
982243 36
69555 29
60000 00
48227 13
1818
971861 81
68770 00
•
1819
1103949 09
70556 04
60000 00
183587 78
1830
1239076 00
78944 56
70000 00
12512S 01
182i
1315536 00
77144 66
80000 00
t
1823
1152630 67
77417 86
80000 00
1
1823
1I55S27 40
72515 09
80000 00
8196 88
1834
1172913 28
75315 05
80000 00
17085 88
1835
1388800 47
- 81815 41
80000 00
115396 19
1826
1819886 40
86429 98
80000 00
81576 99
1837
1358477 64
81381 00
100000 00
8SS91 18
1828
1011096 80
89034 96
100000 00
357619 le
1829
1684628 80
94626 25
100000 00
78632 00
1830
1601081 24
100678 60
100000 00
§
1831
1096748 66
80043 86
100000 00
85602 43
1833
1704159 40
98755 31
100080 00
7415 74
1833
1736175 28
109117 77
100080 00
31015. 88
1834
1754046 84
104390 78
100080 00
18871 56
1836
.1700545 30
38498 46
•1500240 00
1643603 00
. •! 0,880 96
13,550 00
63,895 48
23,547 66
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[AaaxMBLT
The sanw placed io the column of "reveniM or interest," io the
foregoing table, are generally estim&tea, prior to the year 1825;
from 1825 to 1834 inclusive, the lumt actually received into the
treasury on account of revenue are given. The deficienciei in the
annual revenue of the School fund to meet the apportioDtnent. have
been paid trom the General fund, and are as follows:
1819 (13,500 00
1820 7,000 00
1822, 0,300 81
1828, 8,000 00
1S24. 9,000 00
1825, a,630 26
1827, 18,618 10
1828 10,965 04
1629, 5,S73 75
1830, 19,956 14
•104,358 10
The total amount paid from the General fund to make up defi-
ciencies in the revenue of the School fund for the annual distribu-
tion to the schools, is l>104,353.10 cents. Of this sum, «22,000
has been refunded, in compliance with laws of 1820 and 1828.
The loss to the General fund by contributions to the School fond
revenue, after deducting the latter sum, is $81,853.10.
.coy Google
No. 8.]
< «• )
Tke eomnuanonera of ichool tnoDejr of the city sod couo^ of
Tfew-York,^!!! compliuioe vrUh 4ke roquintion of the lUtute,
That the balance at their credit la the MechanicB' Iwnk, at the
date of their last report, was two hundred and seven dollars and
forty-seven coits, from which was drawn, on the 61h of December
last, to defray the expenses of vtsUatioii, eightjr-ons dollars and
eigfaleeD cents; leaving a balance in bank of one hundred and
Swraty-six dollars and twentjr-nine cents. That oa the 7th of
June last there were deposited in the Mechanics' bank^ to their
credit, the following sums, vie:
Ten thousand five hundred and seventy-six dollars and fil^y-six
cents, being the quota of the State School fund for the city and
cooDty of New-York, and ten thousand £ve hundred and seventy-
si^ dinars and fifty-six cents by the corporation of the city of
New- York, being an equivalent t« the tjuota of the State School
fund, and the further sum of seventy-two thousand six hundred and
£fiy-one dollars, the amount of special tax raised by the corpora-
tion of the city of New-York; maJdogin all (including the balance
above oteotioued,) ninety-three thousand nine hundred and thirty
dollars and forty-one cents, received by the commissioners during
the last year, aiid which has been distributed in confornnity to tho
ordinance of the common council of the city of Kew-York, desig-
nating the schools which nre to participate therein, as follows, vizi
—
*—
BAolHi
To the trustees of the public sdiool
6431
m
I6<
IW
9
71
133
M
15
84
IT>,7«*5(I
S,341 21
1,«IS U
1,60S 44
106 11
8S7 09
1,460 17
6M 61
176 85
400 S6
1606
Roman Cath«lic orphan asylsim,
Tmsleea of the institution for in-
164
ISO
Tmstees of the Yorkville school, . . .
Trustees of the Harlaem schocds,. . .
Trustees of Uis Manhattanville school,
Trustees of the Hamilton school, . . .
64
180
sa
24
46
Total diitributioB
7751
•61,148 40
1SM8
The commissioners further report, that as the school on Long-
bland farms is beyond the limits of the city and county of New-
[Assem. No. 8.] 13
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•0 [Ahsmlt
'Tort, and io which 3S4 Bcbolara were educated dunn|> the last
year, and for which the public school society claimed b distribu*
tion of two thousand seven hundred and fifty-eight doUaia and
eighty-«ix cents, it was decided by the cocniBissioaers that this sum
should be retained and left subject to the determination of the Su>
jperiDtendent of Commoo Schools, to whom, in conformity with the
statute in such cases provided, it was supposed an appeal would
be made by the parties claiming the same. This amount, together
with n fractional balance of twenty-three dollars and six centSy
making in all two thousand seven hundred and eighty-one dollars
and ninety-two cents, now remains at the credi t of the commission-
en in the Mechanics' bank, and unless otherwise directed by the.
Superintendent of Common Schools will form part of the fund for
distribution the ensuing year. Reference being had to the forego-
ing statements of distribution, it will be perceived that the number
01 scholars on the registers of the schools is nearly double that of
tho number in actual attendance. This difierence is owing to the
irregularity of ihe scholars, for which, if « remedy could be de-
vised, it would be desirable.
The commissioners cannot close their' report without expressing
their entire satisfaction and approbation of the assiduity and at-
tention of the trustees of the public school society in their efforts
to extend to all who will avail themselves of the opporluntty of re-
ceiving that education so well calculated to qualify them (or the
various relations in life and future usefulness. They would also
congratulate them on the speedy prospect of having it in their
power, by -the means of their primary schools, and the erection
and establishment of larger schools in those sections of Ihe city
where they may be required, fully to accomplish- the laudable de-
sign of those benevolent citizens who first projected the planof the
public school society, and that they will have the satisfaction of
knowing their labor has not been in vain. Nor would it be just on
the part of the commissioners to withhold that meed of praiso
which is due to each and every society having charge of other
schools in our city, and to each of the benevolent individuals
having the care of thoee best of chatitabic institutions, the aayltuna
for the orphaoa, in which schools have been ealabllshed, and which
alike participate in the fand, for their care and attention, which is
fuj ly evinced, not only, in the increased number of scholars, but al-
so in the improvement manifest at the recent examinations made at
their visitations.
_ Jn conclusion, the commissioners would consratuiate the hooora-
b'e the corj oration and the Suponntendent of Common Schools, on
the progress of education in this city, the increase of schools, and,
u far as. examination can test the progres^ve advancement of the
scholars, the selection of teachers, tho improvsd and extended ays*
tem of edscation, sfibrd ample testimony of the cue and atteatioD
of the trustees of tha several schools under their supervision.
JVtv>-¥ork, JVbv. 30, 1S84.
By order of the Board.
WILUAM THOMPSON, CK'iu
Sahl. N. DonoB, Sec.
.coy Google
I, Abraham Asten, clerft of the city and county of New-York,
do hereby certify, that the foregoi^ is a true copy of the report
of the comnalsaioners of school tBoaey of the city aad county of
New-York, received and filed in my office on the 29lh day of No-
vember, 1834.
In testimony whareoA I have hereunto set my hand aod
{l. «.j affixed the seal of the said county, this first day of
December, 18S1.
ABM. ASTEN, Clark.
{ H. J ,
Local .Schocd Fund.
Lois reserved for the support of the gospd and schools, and th«
funds arising therefrom.
The act passed in 17S9, for the sale of the lands belonging to the
people of this State, required the Surreyor^General to reserve in
each township one lot for the support of the gospel, and om lot for
the nse of schools in such township. — S R. S. p. 24S.
The followiag is a list of the priacipal reservatioiw of this na>
ture, viz:
One lot of 550 acres in each of the 38 townBhi]tt in the Military
tract.
Forty lotsot'S&O- acres -each ia the twenty townshipa westof th«
Unadilla river, 1>eiag 10,000 acres.
One lot of 640 acres in each of tW townBhip» of Fayette, din*
ton, Greene, Wirren, Chenango, Sidney and Hampden, in the
counties of Broome and Chenango.
Ten lota of 640 acres each in the townahips along the St. Law-
rence.
Sixteen lots, of 94/0 acres each ia Totten and CroBsfield's par>
chase.
Ia the township of Flattsburgh, 400 acres were reserved for the
use of a minister of the gospel, and 480 acres for the use of a ptib*
tic school or schoolsin the said township.
Is the township of Benson, 840 acres w«ro reserved for gospti
and schools.
The Local S<^iool fund, established by the sale or rentiqg of
these tots, as well as from other aources, are given in the peporti
of the comtoissioners of the several towns, and are as followa;
ALLEGANY COUNTY.
S*dover — Prom town fund, $4 4^
Eagles—From poor fund, 34 IT
Groee — ^From town fund, 9 49
hdependence — From town fund, 27 21
Rmshford — From oreneer of tb« poor, ..* 10 00
•7ft «»
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9Z {Ai
BROOME COUNTY.
CoZemUe — From gospel and school Unih, f91 38
Sanford—Frota town fund, n 09
I7iuon — ^From town fund 34 04
Whidmr — From-goipel and school laodr, ............ &6 44
•348 Tl
CATTARAUGUS COUNTY.
J^KKfofe— From townfnndr |}4 8»
Little-Valley — From overseers of the poor,..,.... ....^ 38 99
Machiaa — Fronn town fund, 3 10
^Bw-ABtum — From town fund, 18 69
Ofeon— Frolta town fund, 19 37
•T8 S4
CAYUGA COUNTY.
Auburn — Frompnblic lands, 919 38
Aure&ju — From public lands, 17 67
Brutu* — From town hnds andfonds, ......,.,. 127 46
Caio — From gospel and school lands,., , 8860
Conquett — From gospel and school lots •82.13; from
town fwd, 90.92, S8 04
Flerning — From school lot, tlO.T?; from supervisor,
•6.78. 16 50
Genoa — Interest of town funds ' 4S& 87
Ira — From gospel *nd school fund, •36.06; from poor
fiwd, 96.80, 43 8&
Ledvard — From town fund, SIS 18
Locke — Fnnn gospel and lot, 73 6S
Mentx — Interest on bonds and mortgages, •34.73;
from gospel and school lots, 9240. &0, 376 38
Moravia — From gospel and school lot, 60 00
AUes — From gospel and school lot, 83 63
Owatco — From town tot, 100 00
fitipio^Interest on town sureties, 332 64
Sevqnmtiut — From gospel and school lot, 38 38
Samet — From town fund, 146 3S
i^niMgport — ^Interest of town moneys, 48 10
SUrling — Interest on school fund, 18 89
Sidnmo^Bt/f— From school tot, 107 SO
Fextce — Interest on bonds and mortgages, 183 98
Hclory — From gospel and school lands, iO 41
•3,806 88
CHAUTAUQUE COUNTY.
ihMl>— From overseers of the poor, ^SS 18
EU«n/-~Trota overseers of the poor, 19 40
.coy Google
No. 8.] OS
Cr«rry — Prom town fund, 911 40
fbt-mcmy — ^From OKerseen of the poor, »...* 90 SS
JtfiMo — From town fund 5 68
Portland — From town fund, ' 35 48
Skemum — ^Interest from town fund 0 39
VUltmina — ^From overaeers of th« poor, 73 69
«35< 16
CHENANGO COUNTY.
Bmihridgt — From goapsl and literature lands i398 1 1
Colmmbna — ^From gospel and ichool lots, 08 94
Owenlry— From school landa * * ■ ■ 80 IS
Guf^oro — ^From goipel and school lots, 4S 13
Oreena — ^From town lands, 98 00
Macdomngk — From town agents, 105 S4
Jfeio-Ber^ — From gospel and school fund, 114 75
OUsAc— From school land, 80 71
Oxford — From gospel and school fund, 46 60
PiiarsaUa — ^From gospel and school lands, 78 53
i>^iiunilA—FrcHn Uod agent, 85 88
Pre$ton — ^From goepel and school funds, 54 71
Skerbmme — Interest on bonds and mortgages, 108 31
Sii^rraa— From school lands, 105 43
•1,398 94
' CUNTON COUNTY.
CAoMp/om — ^Interest of poor fund, 968 88
CAow— Prmn town fnnd, 19 70
£Untfrii7;;A— From town fund, U 90
Jtfooers— Prom town fund, •13.64; frwn school lot,
|i2.50 as 04
PlatUbvrgk—From town fund, > ^i 62
•300 30
CORTLAND COUNTY. '
G»ehuuUu» — From school lot, #87 06
CortlatidvilU — From gospel and school lot ISl 87
Freetown — From gospel and school lot, 10 90
Homer — From gospel and school lot 184 00
Marathon. — Prom gospel and school lot 48 88
ifrft/B— From public lands, .-.. 118 66
&oU~InlereBt of town fund 95 51
&/(m— From public land 00 69
THwtoM— Prom public lands, 341 65
Tlf^Sri^ReBt of public lot...... 141 90
$1,099 87
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04 [Aw
DELAWARE COUNTY.
FrankSH — From orertaers of the poor, $S SO
ERIE COUNTY..
Buffalo — Interest on bond and mortgage, 931 55
Owicord — ^Prom overseers of the poor, 20 28
Collms— From poor fund 100 00
Eden — Prom OTerseers of the poor, 7 59
Holland — Excise money, 34 84
Sardinia — ^From school fund, •.• 54 00
•238 24
ESSEX COUNTY.
Keene — From overseers of the poor, 430 16
L«ma — From overseers of the poor, 90 86-
JMiturtia — ^From overseers of the poor, 22 72
•152 74
FRANKLIN COUNTY.
DicMnton — ^From town fund, %. 921 85
Duane — From various sources, 11 88
Moira — ^From town fund, 56 08
GENESEE COUNTY.
Bethany — From town fund, 923 27
Btrgen — Poor money, , 40 00
Java — Prom supervisor of Java, 33 89'
Perry — Interest of school money, $l->74; from overseer
of the poor, C4.34, 6 9S
Wetkcrrfield — From town fund, 8 88
•86 02
HERKIMER COUNTY.
Fairfield — From Hiram Knowlton, esq 46 41
Frankfort — From town fund, 16 80
Warren — Prom town fund, .< 14 78
•87 04
MADISON COUNTY.
Broolcfield — From school lands, •937 85
Eaton — From school lands, •78.80; from John Fai^
well, •4.09 83 89
.coy Google
No. S.] 95
Owrgetovm — From gospel And school lands,..'. 974 88
Hamitton — ^Prom school agents, 63 41
Lebanon — Prom school landa 58 87
JUadison — From gospel and school lands, 183 M
JVe/ioR — From school agent, 104 64
^mill^eld — From overseers of the poor 68 08
•853 42
MONTGOMERY COUNTY.
L(Ae'PUasa»t — From town fund 96 99
NIAGARA COUNTY.
HartlanA — From town fund .'. 913 65 '
Loekport — From town fund 51 39
Jfeut/ane — -Town moneys, 30 94
Porter — FroKI town fund, i . . 30 !^
fPUsoR — From oTerseers of the poor, 50 00
•178- 50
ONEIDA COUNTY.
Boomville — From town fund, t77 84
Bridgewater — From town fund, 50 00
Rttiuea — From town fund. 112 63
Sarxgerfieid — From school Tands, 1 13 00
Trmton — From town fund, 23 71
•375 83
ONONDAGA COUNTY.
Cictro — From gospel and school lots tl 18 98
Clai/ — From gospel and school lots, 159 67
FaHui — From gospel and school lot, *« 134 86
La Fayette — From town fund, .,., 232 31
Lytander — From public lot, 35 00
Man&ttt — Prom town lot, 612 78
Marcellvs — From town fund, 3)4 87
OtUco — From gospel and school fund 153 87
Powtpey — From town lot, 301 1 1
SkanealeUt — From gospel and school lots,.. 318 86
Spajford — From gospel aod school fund, 186 69
Sahna — From gospel and school lots, 187 37
TftUtf — From gospel aod school lots, 103 78
•3,708 89
ORANGE COUNTY.
Mimuink — From overseers of the poor, 975 86
" ** I town fund, 36 00
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90 [AcBaMBLy
AVtofturgi— By vote of town, S»4 6©
WafttW— Prom supervisor, 28 3tt
•458 90
ORLEANS COUNTY.
Ri^eway — ^Frotn town fuod, 44& 14
OSWEGO COUNTY.
Oranby — From gospel and school lot, tl08 70
Hannibal — From gospel and school lot, 151 00
Otwego — From gospel lot, 175 88
•435 58
OTSEGO COUNTY.
Edmeiton — From town fund, «..■ •340. 05
Exeter — From school fund, 10 08
#250 18
* QUEENS COUNTY.
Ojfiter Bay — From the sals or marsh grass 9359 64
SARATOGA COpNTY,
Day — From town fund, 915 00
Edinburgh — From town'fand, 38 53
Wattrford— By vote of town 76 74
•180 37
SENECA COUNTY.
Covert — From town fond •365 95
Fayette — Prom town fund, 401 87
Junius — Prom bonds and mortgages, 30 30
Lodi — From bonds and mortgages : 368 37
Otitd—From town fund, 894 39
Romulut — Prom town &nds '... 314 31
Seneca-Falb — From gospel and school lot, 60 16
t^/re — From gospel and school fund, 89 04
rami— From town fund, 303 84
•1,907 08
ST. LAWRENCE COUNTY.
Canton — From public lands, '. . •IBS 00
i>e AaO— From public lands, 107 13
Fowler — ^Prom poor fund, 83 63
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^omvememr — ^Frem gotpd toi «chool lot, tlM M
Simmnd — From town fiiod, ...., >..<.•.<■. SSIM
Herman, — From •veneert of the poof, ....*,.......«. M tS
AipintMi — From poor fund ,... ....».,... 11 .48
Lawratce — From or^neers of the poor, ,^,^ 6 77
JAthm — Ffwa towo fuodi...... ..,, ..--,.,,........ M 78
LunutttUle —From public Jands,...,. 3S to
Jlfit^^-^rom puUto knd, •40.87; Aon school laai,
•I7.S1, , 68 jB8
Jtfi»mstowii'^rom-eveneenDftkepoor,|S5.89; fron
■cbooi Iftod, 824.92, :.... SO 08
JOnfiUt — From lupervisor and *diool fooA^ 81 1.14;
from paUic land, 8&0.ft3. 01 87
OnoflpoIeAie — ^From icbool land,...-**..... «.■•• 43 61
Pou£im — From goapel and lot, 326 69
JtoM»0 — From ichocJ fund, 8S tS
JtaMcif— From school fund, ,...-. 46 S8
Stocikolm — Fronachool fund, , 80 58
•1,205 as
. STEUBEN COUNTY.
3alJb— By voteoftowo,....>. ...^„ fWW 88
ItaasvUk — ^From oreneen of the peor, 88 IS
Jbyop^-From orerseors of the poor........... 36 68
SULLIVAM- COUNTY.
^allAnrgh — Poor money, 860 57
Mtoekhmd—Vrom towa fand,., 34 18
•84 T»
TIOGA COUNTY.
CtofiUa — ^From oreneera of poor, .................. 836 08
nigo — Fnaa overMers of poor,.... 18 68
•48 86
TOMPKINS COUNTY,
Ihifden — From goapeland school lot ^88 60
JSa^eU — From gospel and school lot, ' S45 4T
Oroto* — From public lands, 182 44
Hector — From town fund, 706 17
UJuuM — Fr«Bi gospel and school lot, 490 88
itntring — From town fund, 417 44
•8,765 51
[Aiwm. No. 8.] IS
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ULSTER COUNTY.
MSngttim — ^From receiTer of Middle District hnA, .... |1S 9S
MtnletouM— From receiver of Middle Diatrict bank, . . 49 02
Mechater — Fron reoeirer of BSiddle District bmk, .... 1 1 SS
WARREN COUNNY.
BoUon-^Trom oveneen of poor,
Ckeater — From town fund, .... .
WASHINGTON COUNTY-
Jhgfle — From Ute supervisor, 9S03
OniMviiie — FrtNn supervisor ..*... 81 Bl
WAYNE COUNTY,
Oalen — From gospel and school lot, 9193 50
Stnamuih — Fromsebool fund, 93 43
RECAPITULATION.
Allegany, »75 37
Broome 848 71
Cattaraugot, 78 84
Cayuga 3,300 88
Chautauque 353 16
Chenango 1,308 94
Clinton, 200 30
Cortland, 1,090 87
Delaware, 8 50
Erie 388 34
Essex, 03 74
Fraoklio, 89 S3
Genesee 06 03
Herkimer, 87 04
Madison 853 43
Montgomery, 5 39
Niagara, 170 50
Oneida, 375 83
Carried forward, •
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Ma. 8.]
Broaght forward, •
OnoDdaga, a,TOS e»
Onogp, 468 90
Orleuu, 4S U
Oswego...... 486 68
Otaugo. 351 IS
<lueeiM, 359 64
Saratoga, 130 37
Ssoeca, 1,907 08
SL LawveMS, 1,306 83
Steubeo, 809 71
Sulbvait, * 84 73
l^oga...... 48 86
Tmnpluiu, 3,786 61
Uliter, 78 16
WarmB. 31 10
WaahiagUm, 84 88
WajTM^ 284 93
•1%&S8 S«
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N«. S.}
Akxandet't Oramiiutr ia used in one town in Franklin tod one
in Wa8biagtoiia2.
^nia-icon Hutoty is ased io one town in Otaego>»l.
■AmHcss tint Clou Book is used in one town in Columbia and
one in Esse^^ofl.
Amxrieon batructmr is used in three towns in Rensselaer and one
in ScbenectadjM^.
Blok^a ChmiMtry ia used in one town in Montgomery-nl.
The Bith is used in one town in Albany, two in Delaware, one
in Franklin, one in Montgomery, one in Oneida, one in Orange,
one in Queens, one in Steuben, and one in Tiosa*>sl0.
Bentit^$ butntctor is used in one town in Aluany=l.
BudePa Historji is used in one town in Chautauque— 1.
BlatT^M Rhetmc is used in one town in Chenango, one in Clinton,
one in Dutchen, one in Greene, one in Herkimer, one in Scfaenec-
Uuly. and one in Wayne»7.
BartUtt'i EngHih Reader is used in one town in Cortland and
one in Lewises.
BlaJufa Pkilotophy is used in one town in Dutchess, one in Eric,
cme in Livingston, one in Putcam, and one in Saratnga=36.
Blak^a DUtUmary is used in one town in £rie=i,
B&wditck'$ JVavigaUoH is used in one town in Kings and one in
Suffolk=3.
BeHnefi Book-Keeping is used in one town in King»^].
Jtobcocft's .Srithmme is used in one town in Oneidai=l.
JSoUiom's Primarif AitiOMtic is used in one town in Oraugeal.
Burkan^ Mmenclature is used in one town in Qucenss=i,
Bmrkan^ SpelSiig'Book is used in one town in Ul8ter=l.
Bruf Beauu-ker is used in three towns in Columbia, one in Del-
«ware, one in Greene, one in Livingston, one in Ontario, and one
in Ulatep^^.
BoHiufcastIi^$ MimMuratimt is used in one town in Kings^l.
CkUtCi hutruetor is used in one town in Dutdiess and one in
Suffolk-*.
ChiUfs Oitide'n used in one town in Rensselaen^l,
OoM*> Dictionary is used in one town in Chautauque, two in
ChenanjFo, one in Cortland, ono in St. Lawrence, oue in Tioga,
one iu Tompkins, and one in WayneBEg.
Cobb's tSrithmetic ia used in two towns in Chenango and one in
CMft Sequel is nsed in one town in Delaware and one in Tio-
ga=2.
Cobb'e Reader is used in (me town in Queens, one in Tioga, four
in Tompkins, one in Ulster, and one in Wayne=c=8.
Clut^a Geography is used in one town in Kings=l:
Oileman'a Mental Arithmetic is used in one town in Montgome-
ry=l.
Ctbtmbian OnUor is used in one town in Franklin, one in Mont-
gomery, MM in Orange, two io Rensselaer, one in Saiatoga, and
one in Ulater^-T.
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104 [Amsmmlt
Omatocff PhUotoph/ u UMd in one town in Cbeaaogo, one id
Allflganj, OH in Sttieea, aad one in Wtjagtm^.
(hmttocVa Chemiatnf ia used in one town in ColdUfaU, one in
Seneca, and one in Wayof ig.
Oomlof'g Ormnaiuir ii aMd in one town in Dutobeee aad «M in
WaahingtoD=^.
Comhif'a S^€^Mg-Bntk ia need in mm tmni in WailBheit— I.
ColutiMan Reader ia ased in one town in Nhgar—iil.
Cummin^ M SpelUitg-Bock ia used in one town in Raaaaelner^l.
Dmgkfi Oeograpky it uted tn one town in Seneca aad one in
Bafibtk— 8.
DowUng't Book-Keepmg ii uaed in one town io ffingi i 1
Diheortk's •Sritkmetic ia mod in one town in Orange and two in
Rockland^iS.
Dabbit't .Sritkmetic ia used in one town in QneeB»>l.
Eaton'i Pkilotopky is ined in one town in CohiMAi>»l.
Emerson' t Arithmetic ii used in one town in Livingilon and one
in SL Lawrenc»-^.
EuclicTi Elements ia uaed in one town in Kinga^iil.
Firat Book of lEttory ia uaed in one town in AlIegan]r>Hi.
JYinf'* Surveying is nsed in one town in Coliunlna, one ia Dela-
ware, one in Greene, one in Kings, one in Montgomery, and one ia
Otscgo»6.
O^ton't Surveying ia used in one town in Kings^l.
QilUhrantPt Trigonometry is used in one town in Kingi^l.
Ooodrick'i Oet^rapky is naed in one town in Chantawjue, one in
Dutchess, one in Ontario, one in Rockland, one in St. Lawrence,
and one in Steuben m-ig.
Goodrich'! 8pelHng-Book is used in one town in Rarntnga—I
CloHgk'i .Srithmeti£ is uaed in one town in Kiagv^l.
Orikn't Qeography is used in two towns in Saratoga and mm id
Washington-^^a.
Hatcn's Spel&ng-Book ia uaed in one town in Cbaotanguei il.
/fazBtt's Speller and Definer is used in eae town in Delaware,
one in l.ewis, and one in Ooondaffa=S.
Havme^t Menmration is used in one town ia Kingw il.
Hard Qeography is used in one toini in Erie, foar in Honaroe,
and one in Orteansv^t.
HalPt Primer ia used in one town in MontgooMryMwI.
Hiitory of South-^Smeriea and Mexico is osad in one lown in
Orange^l.
Hittory of the State of Ji^BK-York ia naed in oae towB in Or-
leansBii.
Hi*larical Dictionary is osed in one town in Schobaiie>»l.
Holbrookes Geometry is used in one town in Su^toga^xl.
IngeriolFi Orammar is used in one town in Dutchess, one in
Queens, and one in Saratoge~8.
Jackion't Sook-Ke^ng is used in one town in KingSMsl.
Jack Halyard is used in two towaa in Genesee} one in Niagara,
one in Onondaga, and one i» Qopena— B.
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No. 8.] 10S|
JtfAnson'f Dietwnarjf is uud in one 4owa in Essex &nd one n
.fime^ Chemutry ia used in one tonii in MoDlgotneryKsl.
Jones' Jihiitral Phil»tophy is used in one town in Herkiiner=^I.
Juvauie Expontoria usedio one town in WestchesterBl.
JuvemiU SpeUij^-Botik is used in one town in Dutchess, one in
Orange, three in Rockland, and one in Ul8ter=6.
Juvenile PhUosopher is used in one town in LivinestonBl.
Xtrkiaud'i Orammar is used is one town in Coruand=K
Ijoria Survey ia used in one town in SuSblk=l.
JIfalte Brun's Gtogra^hy is used in ooe town in Chautauque, on«
ID Columbia, one in Ene, one ia Essex, one in Livingston, one at
Montgomery* and one iu Oneidap— 7.
Maclutfa A*dv^atiatt is used in one towa in Kings and one ia
SuSbk=2.
McCoys Boak-Kee^wg is used ia one town in KingB<»I,
Moorea Geography is used in one town in Dutchess=™l.
JUoare't J^Tavigatwn is used ia «ae lows ia Kings and one is
Suffolk=2.
Murrt^t Sequel ia used in ou« town in Cayuga, three in Put-
nam, one in Schenectady, and ooe ia St. Lawrence=6.
Mvrray't hUrodvction is used in one town in Lewis, one ui Ni-
agara, one in Oneida, one in Orange, two iu Putnam, and ooe i«
Uister»>7.
Jtlarrm^M Manual is used ia one town in Oawego=l.
JVbttona/ Frecepior ia used in two towns in 6reene^=^.
Jfaiimial Reader is used in one town in Monroe, one in Rensa«-
laer, one in Seneca, one in St. I^wrence, one in Suffolk, and two
in WoshingtOBs?.
JVational Orator ia used in one town in Orleaos^l.
^eu>-York Reader is used in one town in Ontario, one in Quesas,
one in Ulster, and one in WestcheBter=4.
Parker's .S^kmetic is used in ooe town in Delaware and one in
Greene=2.
Parker's ProgreMtve Exercises is used in one town in Sarato-
ga=l-
Parker's^ Compoakion is used in one town in Schenectsdyssl.
Patey^a Philosophy is used in one town in Chenango and one ia
Orlean»«S.
Parlays Stories ia used in one town in Erie, one in Franklin,
one in Montgomery and one in OswegO'=4.
Parley's Magaxine is used in one town in Reasaelae^=I.
Perry^s Dictionary is used in one town in Washington=l.
Pickett Class Book is used in one town in Kings, one in Orange,
one in RookJand, and one in SuUivBn^=4.
Pickets' ShpslUng-Book is used in two towns in Kings, three in
Orange, ana ond m WeBtche8teT^=6.
Pickett Grammar is used in three towns in Orange and on« in -
SDlliTaii=4.
Pickets' Juvenile Mentor is used in one town inOrange^l.
[Aasem. No. 8.] 14
Digitizecy Google
Popuiiar Lenotu ii used in one town in Montgomery, threo h»
Orange, one in Otsego, two in Ulster, and two in WestcheBter=g,
Roman History is used in one town in C1inton<=l.
Roo^s Arithmetic is used in one town in Delaware, one in Madi-
soQ, and one in Steubcn=3.
Scienlijlc Class Book is used in one town in CGntOD>=l.
Scott's Lessons is used in one town in Bnex, one in Kings, one
in Montgomery, and one in Orangea=4.
Sears' Spelling-Book is used in two towns in LiviDgston, five in
Monroe, one in Orleans, and one in Putnam=0.
Severants' Reader is used in one town in Oneida, one in Onon-
daga, one in Seneca, and two in 'W&yjie=&.
Sever ants' American J^anuat ia used iu one towninOnondagarssI,
Sequel to Easy Lessons is used in one town in Orleans=l.
SmalVs Arithmetic is used in one town in ODtano=l.
Smith's Grammar is used in two towns in Allegany, one in
Dutchess, one in Essex, one in Herkimer, one in Oneida, one its
Ontario, one in Saratoga, one in Steuben, three in Snffotk, one in
Wayne, and one in WflstcheBter=>14.
Smith's Arithmetie is used in one town in Cattaraagus, one in
Cayuga, one in Chenango, two in Livingston, one in Ontario, one
in Orange, one in Seneca, one in Ulster, one in Washhigton, and
one in Westchester^-Ii.
Tales from American History is oaed in one town in Otsegonl.
Hie Young Reader is used in one town in Madison=I.
Thompson s Arithmetic is used in one town in Essex, on'e id
Franklin, and one in Washington=3^.
Todtfs Qrammar u used in one town in Chaatauqoei=l .
lytler's History is used in two towns in Chenango, one in Clii^
ton, two in Dutchess, one in Herkimer, one in Putnam, one in
Queens, two in Saratoga, and one in SteubeD=lI.
lira's Instructor is used in one town in Queens=B>l.
Cmion felling-Book is used in one town in DelawaresnI.
Universal Preceptor is used in one town in Saratoga»=I.
Walker's Elementary is used in one town in Niagara-=I.
Webster's Grammar is used in one town in Madisou=l.
Webster^s American Selection is used in one town in Montgome-
ry=l.
Whelple^s Campendis used in one town in Orange^I.
William's Spelltng-Book is used in one town in Broome, two in
Chenango, three in Madison, and three in Tioga=9.
WilUam's Geography is used in one town in Yates=l.
Willard's Geagrt^hy is used in one town in Chautanque and one
in RensBelaer=2.
Willett's Ortunmar is used in one town in DutchesF=l.
Woodruff's Geography is used in one town in CortIancb=l.
Woodberry's Geography is used in one town in Onondaga=I.
Woodbridg^s Dictionary is used in one town in Steuben=l.
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No. 8.]
Th* fallowing tabh thtnu the total of the princ^al Booka used, om
they appear in the r^wrti of the Supertnlendenl for 1827, 1880,
1932, 1883, 1834, and 163&, from which the ijicreaie and decrtait
of the towns nnitg the different books can be ascertained.
|i
|i
English Reader, used in....
DaboU's Arithmetic,
Murray's Grammar,
Webiter'i Spelling-Book, . . .
Teatameat,
Woodbridge's Geography, . .
Walker's Dictiooary, i
Willet's Geography
Horse's Geography,
American Preceptor,
Adams* Arithmetic,
Pike's «
Cununing's Geography,
Olaey's "
Marshall's Spelling-Book, . . .
Cobb's
Crandal's "
Greeoleafa Grammar,
Iiring's CofumbuB,
Americao Reader
Benttey's Spelling-Book,
Ostrander's Aritlunetic, ....
History of the United Sutes,
Willet^ Arithmetic
Colbum's
Kirkham'a Grammar, . ■ .
Leavitt's Easy Lessops, .
536
481
400
888
142
340
102
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STATE OF NE^-YOBK
No. 9.
IN ASSEMBLY,
January 8, 1835.
ANNUAL EEPORT
Of Hinm F. Randolph, Inspector of Sole Leatlter
for the countj of Tompkins.
To thm Bon. th« Legitlaiun of t]u State of Jifyw-Tark.
EndoMd u my anoiul report of lole lemther inipected ivithiD
tbe oonnty of Tompkiu, from Jaoaary lit, 1S84, to January tlw
lit, 18S5.
IAbIni.
^^^
hnuL
TotdmUli.
Side, good,...,....
do damaged, ....
do bad,r.
8,376
4011
86
S3,»n
B,S61
874
no
18
10
M,440 40
789 IS
87 00
•91 00
16 M
a, 717
87,837
»7,366 68
108 68
HIR
P. RANDOI
tarorSokl
-PH,
.aiMtar.
JHUm, Auary 1, 18W.
No.9.]
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STATE OF NEW-YORK.
No. 10.
IN ASSEMBLY,
January S, IS35.
ANIOJAL REPORT
Of Robert Barnes, Inspector of Hops in the city of
New- York.
TO THE LEGISLATURE OF THE STATE OP NEW-
YORK.
Id confwinity with fonner practice on the subject of ioBpeo-
tioa, I herewith transmit a statement of all the hops that have
passed through my hands, as iDspector of the article, daring last
twelve months, ending 12 mo. 31, 1834, including western and
eastern growth; the latter, say eastern, exceeds in quantity about
a third onorc than our western, the last two crops; Also, obtains
a preference in the French market, which I should expect would
■tir up more diligence in our western farmers, in point of culliva-
Iton and management, acquiring at the same time a more scientific
knowledge of the nature and properties of the vine.
There is one part of the process in curing the hops not suffi-
cienlly understood, or else very carelessly managed; I allude to
drying the hops on the kiln, as some bales come to market too
^htly dried, consequently liable to heat in the bale. The ef!cct
however of drying too much on the kiln, is more to he guarded
against, as it dissipates the juices and vitals of the hop, that in
noving from the kiln and bagging, they are trod to pieces without
ipplying the screws sufficiently, separating the outside leaves
from the vitals of the pod, injuring its flavor and lessening its
substance and weight, which it never recovers.
No.. 10.] 1
Digitizecy Google
* [ASHKILT
My having been a brewer upwardi of thirty years in tbit city,
and since, seven more aa inspector, a sufficient time to complete a
thorough knowledge of its necessary duties, and respectftdly soli-
cits a continuance in office, which would confera lasting obligation
on your friend.
ROB. BARNES, bupector.
4,235 bales of hops, containirg 610,360 lbs. at 18 cts. #129,056 00
Inspectors fees at 10 cts. per 100 lbs 810 S5
Amount of sales, ^128,845 65
Inspector's fees, whole amount, $810 35
Extra labor and other incidental expenses 255 00
Inspectors nett fees, $554 45
ROB. BARNES, hupector.
The aforesaid Rob. Barnes, personally known to me, has af-
firmed to the foregoing statement, as just and true.
SILAS M. STILWELL,
^Id. lith Ward.
Mio-Ymrk,idJaniiarj/, 1686.
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STATE OF NEW-YORK.
No> 11.
IN ASSEMBLY,
Jannafyd, 1839.
REPORT
Of the onomittee <m privileges mJL elections, on the
petition of David O. Seger.
Mr. WOcoxfoa, fram the oommlttea od privilegei tad tleotioiii,
10 -wham wu nfiured the petition tif Dsvid G. Soger, praying
thtt ho tOKf be peittiUed to tak* hit M«t M • nombwr in tUs
HOQM,
R£FORTED'.
That your committee, before proceeding to the inveatigatioa of
the claims o{ Mr. Seger to a seat as a member in thia Houie,
caused a writteo noUce to be serred ob Henry Gr. Wheaton, whose
seat is sought to be v&cated, apprising him of the time and place
the committee would meet to determine the claim of Mr. Seger
to a seat; to which Mr. Wheaton replied, ia writing, in substance
as follows:
That he, Mr. Wheatoa, wss satisfied that Mr. S^fer is entitled
to a seat ia praforeaee to himself, as having received the greatest
number <tf rotes; that he would be the last person to seek to hold
that, or any other office, without being called to it by the free
niffiiagefl of his fellow citizetu, and had nothing to say against
Mr. Segei^s faking his seat.
That the testiniony of James Gonrlay, MM of the inspeetort of
electiOD in the Second Ward of the city of Albany St the last ge-
neral eleelisn, hrid in said ward, on the third, fwirtb and fifth
[Assem. No. It.] 1
.coy Google
1 [AfdUULT
days of Norember last past, and the testimony of Josiah W. Ga-
ry, clerk of said board, both of whom were sworn before your
committee, established the following facts:
That David G. Seger was a candidate for the office of Member
of Assembly, at the election aforesaid, and that he received for
that office, during that election, in the second ward of the city of
Albany, four hundred and thirty-six votes. That the inspectors
in said ward, in making out their certificates of the candidates
voted for, and the number of votes ^vcn to each, inserted there-
in, by mistake, the name of Daniel G. Seger for David G. Seger,
and forwarded their certificate, (thus erroneous,) to the county
canvassers; and also filed a duplicate thereof in the proper office;
and that there was no such person as Daniel G. Seger voted for
in said ward during said election.
That upon examining the certificate of the inspectors aforesaid,
exhibited lo your committee by the clerk of the county of Alba-
ny, and proven by the oath of James Gourlay to be the certificate
of said inspectors, it appears that Daniel G. Seger received, in
said second ward, four hundred and thirty-six votes for the office
of Member of Assembly, and David G. Seger none.
That, upon examining the 'official canvass of the county canvass-
ers, of the votes taken at the election aforesaid, in the several
towns and wards in the city and county of Albany, produced and
proven to your committee by the oath of Conrad A. Ten Eyck,
clerk of the county of Albany aforesaid, it appears, that the whole
number of votes given for Henry G. Wheaton, in the several
wards and towns aforesaid, for the office of Member of Assembly,
is four thousand eight hundred and eighty-two: for David G. Se-
ger, for the same office, four thousand four hundred and eighty-
five: and for Daniel G. Seger, for the same office, in the second
ward of the city of Albany, four hundred and thirty-iix; and in
the same ward for David G. Seger none.
Your committee ere satisfied that the votes returned by the in-
spectors of the second ward, as being given for Daniel 6. Seger,
were so returned by mistake; that no such votes were given in
said ward, but that they were given for the petiti(»ieT, David G.
Seger, and that the same ought to have been canvassed, by the
inspectors aforesaid, and by the county canvassers aforesaid, as
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No. II.] S
■o msR7 rotes given to David G. Soger; and that if bo canTaawd
he would have had a majority over Mr. Wheaton of thirty-nine.
YoQT coiDimttee therefore offer the following reaotntion:
Reaobitd, That David G. Soger be permitted to take faia seat aa
a Uember of the House of Asaenably, duly elected for the coonty
of Albaoy, in the room of Henry G. Wheaton, the Member re-
turned; and that the seat of the said Henry G. Wheaton be ra-
calad.
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STATE OF NEW-YORK.
No. 12.
m ASSEMBLY,
January 8, 1835.
ANNUAL REPORT
Of the SupcTintendent and Inspector of Salt in (hion-
daga County.
SUPERINTENDENT'S OFFICE, >
Sauna, JANtJABr 2, 1835. )
The Hod. Stbaskr
oj the ^ssemblg.
SIR—
Herewith I -send you the report of the SBperiDteodeDt and In-
spector of amlt ia the county of Onondaga.
. I am, with respect,
Yoor obedient servant,
NEHEMIAH H. EARLL,
Svperintejident of Onondaga Salt ^ning*.
[Assem. No. IS.]
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REPORT, &c.
Tm obedience to tbe sisteeadi Mctioii of ebapter ninth, title ten,
of the fint part of the Revised Statutes, the SupvrintendeDt of tbe
Onondaga salt springs, and the Inspector of salt in the county of
'Onoodaga,
RxerucTTWLr Rbtokt^
That during the year 1834, there has been inspected in the tovn
of Salina, l,1M3,252ff bushels of salt, of which the annexed table
Bxfaibita the quantity inspected in eadi village in the several
months daring said year.
There has been expended in the engineer department during
said year, $4,610. 4li; and there has been collected from that
aonrce 98,886.10.
Since the last annual report there has been a considerable ex-
penditure in excavating a large reservoir on the high ground about
midway between the villages of Salina and Liverpool, made to ac-
coromodate the manufactories at the later place; also in searching
for a better supply of salt water; and also in repairing the two ~
«ld pumps at the village of SaHna.
One of these pumps failed in the month of September last, and
was raptured (by making it mostly new,) and put in operation ear-
ly in November after. Since the close of the canal navigation,
the other one was examined and found so near worn out, that it
was deemed advisable to repair it to prevent a failure at a season
of tbe year when it would be inconvenient or impossible to supply
the manufactories with salt water, without the efficient operation
of all the pumps. This one has, therefore, also been repaired, and
DOW all the public pumps are in good order.
The number and extent of the salt manufactories, as exhibited
in the annexed table, (shewing the present nnmber and capacity,)
it will be seen, are enlarged and increased daring the year.
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4 [AaaiMiLT
Last spring, after the reduction of the datiei on the salt maiiD-
factured in this State, the undersigned were admonished of the ne-
cessity of procuring more brine of the best qDality, for the use of
the manufacturers who receive their supp^ from the springs in the
Tillage of Salina, than the one spring there .producing such brine
will yield. For the purposfe of enabUng ns so to supply them, we
commenced boring a new well, several rods northerly of the other
wells in Salina village, and have penetrated the earth about one
kindred and seventy-five feet, but have failed in procuring a good
quality of brine, and have abaadoned that place.
Some part of the last summer the best spring at Salina did not
afford sufficient brine for the use of the several manufactoriev
usually receiving their supply from that source. To remedy that
deficiency aa far as we were able, ws were compelled to raise
brine of an inferior fiuality, and mingfe with tbe best. And after
adopting this course, there was still a deficiency, wfakh caused a
suspension in the operation of nearly all the manufactories located
in the village of Liverpool, for about one month in the best part of
Ae auwMi. The manufacturers of that village formerly received
their siqiply of brine ftoin a spring on the margin of the Onondaga
lake, adjacent to their manufactories. But some time after that
period, brine of a better quality was discovered in the village of
Saliuaj after which the manufacturers of Liverpool found it im-
possible to compete with their neighbours, while using salt water
of an inferior quality. They abandoned their spring, and sought
salt water from other places. They have, for the last three years,
been supplied from Salina, except about one month last summer, as
before stated.
Tbe manufacturers at Liverpool manifest an anxiety to have a
well bored near their old spring in that village, to the depth of
those in the village of Salina, believing water of the same quality
of that found at Salina, would be found there. The Superinten-
dent has not acceeded to their request, inasmuch as there would
be no water power there which he could use to raise the brine if
discovered, as he is not invested with authority to take water from
that level of the Oswego canal. To obviate this, we are informed
the manufacturers of that village intend petitioning your honorable
body to past a bill authorizing the Seperintendent to take the wa-
ter from that level, as he now is authorized to take it from the Sa-
lina level; and also making it the duty of the Canal Commiasion-
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No. 12.] i
en to take the Onondaga creek into said level, (if it shall be ascer-
tained to be necessary,) to propel a pump to be erected there, in
case good salt water shall be discovered. We think it reasonable
^t their prayer should be granted.
The present erections for manufacturing salt in the town of Sa-
lioi, (vith a sufficient supply of brine,) in oar opinion, are capable
(^producing three millions of bushels of salt.
The springs at the village of Geddes have produced an abundant
supply of salt water of the beat quality for the use of the manufac-
turers of that place: And if like brine could be discovered in the
villsges of Syracuse and Liverpool, and thereby relieve the springs
at Salina from furnishing salt water for those two villages, a very
desirable object would be attained.
NEHEMIAH H. EARLL,
THOMAS ROSE.
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DOCUMENTS.
Ilie Table accompanying the Annual Report for 1834.
VILLAGES.
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146
390
600
468
2
34)271
180
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5,175
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36,190
64,710
45,680
15,000
Geddes,F.S
do. - C.S
133
3,423
42,805
339,775
Coarse Salt Companies' Vats.
Onondaga Salt Company %... 618,000
Synciue do do 668,488
H. Gifford's do 118,808
S.C.Brewster's do at Geddes, 67,198
1,478,494 superficial feet
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89 32
43,670 48
63,233 40
64,876 19
27,478 64
47,811 30
. 61,777 13
57,654 18
36,683 30
5,782 48
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STATE OF NEW-YORK.
No. 13.
IN ASSEMBLY,
January 10, 1835.
REPORT
Of the select committee on the petition of the super-
nsors of Rings county, relative to building a jail
and clerk's office.
Mr. Vhillips, from the select committee to which was referred
tiie memorial of the eupervisors of Kings county, for permiasioQ to
raise money to build a couaty jail and clerk's office in said county,
and for other puiposea,
REPORTED:
The memorialists set forth in their memorial, that a court-house
and jail, according to the proTisions of the act entitled *'An act for
the erection of a court-house and jail in the county of Kings,"
passed April 35th, 1838, have not as yet heen erected: That since
the passage of the said act, the situation of the'county has been
Tery materially changed, in consequence of the town and village
of Brooklyn having become a chartered city: That it is contem-
plated by the common council of said city, to proceed forthwith to
the erection of a city hall; and by a mutual arrangement between
Ihem and the said board of supervisors, all the courts of the county
ue to be held and accommodated in such hall, as soon as the same
shall be completed; and that it is contemplated that the said jail,
ud also a Sre-proof clerk's office, shall be county buildings sepa-
rate and distinct from the city hall. The memorialists therefore
•sk for authority to procure by purchase or otherwise, two suita-
Ue separate sites in the said city of Brooklyn, the one for a county
jail, and the other for a clerk's office, and to cause said buildings
[Afsem. No. 13.] 1
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S [Absbbiblt
to be 'erected -tfrereon; and tor that pnrpose, they iA to be au-
thorized to niie by loan, on a pledge of the credit of the county,
and the taxes thereof, a sum not exceeding twenty-five thousand
dollars, for such purpoaes-, asd to issue public stock for the same.
The memorialists further represent, that the July term of the
court of common pleas and general sessions operates peculiarly
hard on the fanning interest of the county, as it takes place in the
midst of the harvest season; and they therefore request that the
said term may be altered to the second Tuesday of August
The memorialists further state, that the county courts are now
held at the Apprentices' Library in the city of Brooklyn; that the
court room in that building is often found to be inconvenient, and
is by some thought to be unsafe; and they therefore suggest the
propriety erf" vesting a power in the judges of the court of common
pleas, and supervisors of the county, or a majority of them, to de-
signate from time to time sudi other place in the said city as they
may think proper, for the better accommodation of the said courts,
vntil the court rooms in the said city shall be completed.
"the memorialists also represent, that the lot of land on which
the court-house and jail at Flatbush, lately destroyed by fire, was
situated, is now laying vacant; and pray for authority to sell and
convey the said lot, and apply the proceeds thereof to the erection
of a hospital on the county farm, for the use of the county.
The committee having had the said memorial under considera-
tion, and believing from the representations of the memorialists, as
wall as frmn other sources of information to which they have had
recourse, that the- interest of the said county of Kings will be pro-
moted by gruiting the prayer of the said memorial, and not being
aware that there is any (^position to the same from said county,
are of the opinion that the prayer of the memorialists ought to be
granted; and they have therefore instructed their chairman to ask
leave to introdaca a bill for that purpose.
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STATE OF NEW-YORK.
No. 14,
IN ASSEMBLY,
January 10, 1835.
REPORT
Of die select committee on the memorial of the super-
visors of the comity of Genesee.
Mr. Tyrrell, from the select committee, to whom wu referred
the memorial of the supervisors of the county of Genesee, praying
for an act authorizing said county to relinquish certain lands in the
village of Batavia, to the Holland Laud company, and for other
purposes therein contained,
REPORTED:
That in taking the subject of the memorial under consideration,
the committee find, by reference to an act of the Legislature, pass-
ed 13th April, 1819, entitled, " An act relating to the court-house
lands, and public buildings in the county of Genesee," it appears
that certain propositions were made by the agent of the Holland
Land company, to the county of Genesee, which were confirmed by
said act. It also appears from the statement of the petitioners,
that among said propositions now ratified, is a stipulation that the
said Holland Land company should lay out and give a street called
" Coart-street," east of the court-house in Batavia, six rods wide.
Mr. Evans, the present local agent of the said company, has ani-
ted bis name with that of the said supervisors, in staUng that said
Court-Street ia unnecessarily wide, and also in praying for an act
authorizing the county to relinquish a part of said street, to the
HoIIsmd Land company, upon condition that the said company shall
convey by deed, such portion of said street to the owners of lands
[AMem. No. 14.] 1
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3 [AasBMSLY
adjoiDiDg its eaatern boundary. The object that appears sought for
in the petition, is to enable the owners of lota adjoining said street,
to erect their bntldings with square fronts. Court-street, as now
located, runs in a diagonal direction from Main-street. But hj
granting the prayer of the petitioners, it will be made to pass from
Main-street at right angles.
The committee are of opinion that the prayer of the petitioners
ought to be granted, and hare accordingly instructed their chair-
man to ask leave to introduce a bill accordingly.
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STATE OF NEW-YORK.
No. 15.
IN ASSEMBLY,
January 10, 1835.
REPORT
Of the select committee upon the petition of Nathan
WiiliamB, one of the clerks of the Supreme Court,
for an appropriation to complete the clerk's office
at Geneva.
Mr. M. H. Sibley, from the select committee, to whom -was re-
ferred the petition of Nathan Williams, one of the clerks of the
supreme covurt, for an appropriation of money to complete the
elerk'a office at Geneva,
REPORTED:
That by an act passed March Slst, 1S31, the predecssor of th»
petitioner was authorized to purchase a lot of ground in the vil-
lage of Genera, in the county of Ontario, to erect a good and suf-
ficient fire proof elerk'a office thereon, and to procure suitable pa-
per cases for the safe keeping of the papers appertainiug to that
ofice. For all these purposes a sum not exceeding twelve hun-
dred dollars was appropriated.
The petitioner now represents, (and personal observation has
made known to one of your committee,) that the building erected
b pursuance of the said act, is yet incomplete, being without win-
dow-shutters, wood-shed or any other out-house, and the lot on
whidi it is situated-uoinclosed.
The petitioner also states that there ia no ground belonging to
the State for a passage way on either side of the building, to con-
[AsMm. 15.] 1
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T [Ambmblt
vey wood or laiy other articles into the back yard^ which is inac-
eestible from the poblic street, except throu^ the office.
This statement of the petiti(mer is corroborated by an inspec-
tion of the deed of the said lot of ground ob file in the office of
Ae Secretary of State.
The cFerk entnuted witii tiM expenditare of the money appro-
priated by the act of the 21st March, 1831, having rendered his
accounts and produced vouchers for the tame to the Comptroller^
H appears that all the money drawn from the treasury under the
said act has been expended^ and that it wai inadequate to com-
plete the building.
Your conunittee being of opinion tfiat the additions and im-
provements suggested by the petitioner are necessary for the se-
curity of this pubkc property, recommend that his prayer be
granted.
The preservation uid appearance of the building nho require
that it should be painted, which has never been done. To^void an-
other appHcation to the Legislature for this purpose, your com-
committee recommend an appropriation of a sum not exceeding
four hundred dollars, which, in their opinion, will be sufficient to
accomplish all the aforesaid objects. And they ask leave to intro-
duce a bill for this purpose.
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STATE OF NEW-YORK.
No. 16.
IN ASSEMBLY,
January 10, 1835.
REPORT
Of the select committee on the petition of Justin Smith.
Mr. Moore, from the select committee to whom wu referred
the petition of Justin Smith, praying for an act to enable him to
complete and protect from injury a certain aqueduct, in the vil-
lage of Whitehall,
REPORTED:
That it appears, from the said petition, which is signed not only
by the said Smith but by a number of highly respectable citizens
of the Tillage and town of Whitehall, that the said Smith, for the
purpose of supplying himself and others with pure and wholesome
water, has, by means of certain pipes and aqueducts, conducted
the water from certain fountains into the said village, and now
discharges at a number of convenient places for the use of the in-
habitants thereof: and it appears that an act of the Legislature is
necesssary to enable tfie said Smith to complete the said works,
and to protect them from injury.
It also appears, from the Journal of the Assembly of 18S4, that
a bill upon this subject went through the ordinary forms of Legis-
lation, and was ordered to the Senate for concurrence. Under
this state of facts the committee are of the opinion that the prayer
of the petitioner ought to be granted; and have instructed their
chairman to ask leave to present a bill accordingly.
[AsMm. No. 16.] 1
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STATE OF NEW-YORK.
No. 17.
IN ASSEMBLY^
Januaiy 10, 1835.
Standing Conunittees of the Ajnemb^.
JANUARY, 18S5.
CimmitUe on Waya mtd Meant,
Mr. DayRD, Mr. Shafet,
Mr. Cuh. Mr. Kino.
Mr. Vtttth,
CiMuiuflBe-ra Xhimancei.
Mr. AdviM, Mr. MtUoiy,
Mr. Hough, Mr. Moore.
JCr.Bro^
CoBUHittee om 1*rioiUg€$ ttnd EkcHoiu.
3fr. WilcoxsoD, Mr. J. Haskell,
Mr. Anthony, Mr. McNeil.
Mr. Sbepard,
'CainmHUevnthe Judieiary.
Mr. LiTiDgitoD, Mr. Krum,
Mr. Roosevelt, Mr, Dayao.
Mr. M. H. Sibley,
•Qtmmlttee on Expiritig Lows.
Mr. Stetson, Mr. A. Hascdl,
Mr. Moseley., Mr, Kent.
Mr. Warren,
Comtrdtteeon Clmmt.
Mr. M. H, Sibley, Mr. A. Woodworih*
Mr. Buriians, Mr. Beniasiia.
Mr. Coykeodall,
(AMem. No. IT.] k
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S [Asi
Cvmmittee on Colleges, AeademieM and Common ScheoU.
Mr. Wetmore, Mr. Van Bergen,
Mr. Burke, Mr. F. W. Pmddock.
Mr. Clinch,
CommiUeo o* Engro$ied Bilb.
Mr. Sofisni, Mr. Crowell,
Mr. Feck, Mr. Niles;
Mr. Plumb,
Gnmnittee on the Erection and Dimsion of Towns and OnmtMr,
Mr. Falmer, Mr. Ingenoll,
Mr. Griswokt, Mr. W. Woodworth.
Mr. Harrey,
Committee on the huorporation of Citia and VitUiget.
Mr. Jackson, Mr. Tomlioson,
Mr. Ringgold, 4Ir. Wylie.
Mr. Tillinghast,
Committee on Jlgncultwe.
Mr. Healy, Mr. Crary,
Mr. Beecner, Mr. Horton.
Mr. Conklio,
Committee on tie huorporation of Ckaritdble and ReSgioug
Soeietiea.
Mr. Thorn, Mr. T. Lewis,
Mr. Coe, Mr. Bennet
Mr. Wheeler,
Committee or the Incorporation and Alteration of the Charteri of
Banking €ind Intarance Companiei,
Mr. Wilkinson, Mr. Van Benthuiien,
- Mr. Adams, Mr. Denniston.
Mr. Davis,
Committee on the Petitions of AHen*.
Mr. Patterson, Mr. Tyrrel,
Mt. J. Clark, Mr. E. Strong.
Mr. Philo,
Committee on Canals and Internal Improvements.
Mr. Wager, Mr. Crain,
■ Mr. Baker, Mr. W. S. Paddock.
Mr. A. CUirk,
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No. 17.] «
Committee on RmURoadt.
Mr. Rooseyeh, Mr. EUnd,
. Mr. Ogdon, Mr. Hutehiofon.
Mr. PreBton,
Committee on the EstabHahmejit and hnprmement of Road* and
Bridget, and the Incorporation of Tumpiie Omipanwi.
Mr, Anthony, Mr. Hicks,
Mr. PhillipB, Mr. Blatchley.
Mr. C. Strong,
Committee art State Prieon*, and the Penitentiary Syttem.
Mr. Stevens, Mr. Cadwell,
Mr. Crosby, Mr. J. W. Lewis.
Mr. Groom,
Committee on the JUilitidand the Public D^ence.
Mr. Lockwood, Mr. Stetson,
Mr. Fisher, Mr. Wetmore.
Mr. Craio,
Commiitee on Indian jSffain.
Mr. Moseley, Mr. Bamnoi,
Mr. Lytle, Mr. M'Kie.
Mr. Jones,
Committee on the Manufacture of Salt.
Mr. Parker, Mr. A. Brown,
Mr. Soger, Mr. Hillyer.
Mr. Barnes,
Comtmttee on Medical Societiea and Collect.
Mr. Judd, Mr. Murphy,
Mr. Rice. Mr. Waldron.
Mr. Willianifl,
Comtidttee on JSeo-tAird £t/&.
Mr. Gray, Mr. Suffem,
Mt. Herttell. Mr. Wager.
Mr. Burr,
Committee on Public Land*,
Mr. King, Mr. Powers,
Mr. Woodbury, Mr. Hildrotb.
Mr. Odell,
Committee on TVade and Manufacture*.
Mr. QuackenbosB, Mr. Woodward,
Mr. Springer, Mr. McCluer.
Mr. Hilie^
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Select Cofflmitteefl on the Governor'B Message.
Committee on lo muck as relateM to State Prisons.
Mr. Can, Mr. C. Clark,
Mr. Burbans, Mr. Williams,
Mr. Griswold, Mr. Wilkinson,
Hr. Loomis, Mt. D. Sibley.
Committee on to miuh a relate! to Poor-Roitses.
Mr. Ostrom, Mr. Richmond,
Hr. Sitntnona, Mr. Hendee.
Mr. Farwell,
Committee on so much ea rebf » to Insane Poor.
Mr. Herttell, Hr. Tillincfaatt,
Mr. Ogden, Mr. Woodbury,
Mr. Van Bergen, Mr. Coe,
Mr. Beecher, Mr. Plumb.
Committee on so mmeh at reU^es to the BSntL
Mr. Cwh, Mr. Gray,
Hr. J. Haskell, Mr. Carpenter,
Mr. Liringiton, Mr. CuyketMlaU>
Hr. Moore, Mr. G. Brown.
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STATE OF NEW-YORK.
No. 19.
m ASSEMBLY,
January 9, 1835.
REPORT
Of &e select ccmmuttee on. the petition of Nathaniel
Parish.
Mr. Jackfon, from the select committee to whom wai referred
the petition of Nathaniel Paritb, collector of taxei in the tova of
Bashwick, in Kioga county,
REPORTED:
The petitioner represents that in consequence of serioni illness,
be has not been aUe to collect and make return of the taxes of
nid town within the period limited by law for that purpose.
The petitioner therefore prays that the time allowed for cdlect>
ing and making return of such taxes, may be extended until the
first day of March next
The committee having full confidence in the reprefcntatioa of
the petitioner, and also information received from other sonrcea,
ire aatiafied that the petitioner was prevented from collecting the
taxes and making his return in consequence of this providential
vaitation; they are therefore of the opinion, that the prayer of
Ihe petitioner is reasonable and ought to be granted: They have
pie{wred a bill for that ptu-pose, and ask leave to introdnoa tha
[Assem. No. 19.]
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STATE OF NEW-YORK.
No, 20.
IJV ASSEMBLY,
January !2, 1835.
REPORT
Of the select committee oa the petition of the Bupef-
Tisors of the county of Herkimer.
Mr. Gray, from the nlect committeo to nbom wk* ralwrod tlw
petition of the tnperviion of the county of PerkitqfTj
REPORTED:
That the committee have eiamincd the said petition, and fiod
that by an act of the Legialature,^ passed March 5, 1833, a new
jail was authorized to be built in the said county of Herkimer, and
that the same act authorized a loan of 96,000 to be made upon the
credit of the county, to defray the expense thereof: that pursuant
to said act a new jail was erected, and the said sum of $0,000 ez-
.pcndcd thereon: that beforo the completion of the said jail building
it was ascertained that the appropriation provided by the euid act
Was insufficient to complete the same: that on an application mado
by the said board of supervisors to the Legislature, for a further
loan oo account of said jail, the legislature passed an act at the last
session, authorizing ihe Comptroller, out of the monies belonging to
the capital of the Common School fund, to loan to the county of
Herkimer, upon the credit of the said county, the sum of 92,800,
to be applied in payment of the expenses of the said jnil and the
purchase of the lot upon which the same is erected: llial sin<:e llie
passags of the said last mentioned act the said jail building has been
entirely completed; and it has been ascertained that a further loan
of 92,100 will be required, to pay off the debts and interest ihere-
va DOW remaining due and unpaid on account of the said jail and
[Asaero. No; M.] 1
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lot: tint to cniblo tba Mud couaty to discharge this debt the peti-
tioncrt aak the pamge of a law authorizing them to borrow, upon
the credit of the eonaty, this addiUooal lum of VZ,10a, and to re-
pay the Mine l^ a tax tqwD the iahabitanta of the laid county.
The eoimnittee would fuither state, that by the nid acts an-
thorisi^ the said loans the said board of sopervisors are authoriz-
ed, by 8 tax apon the cooDty, to rtfio annsally the iiyn of one
thousand dollars, for the purpose of repaying these loans: that
about eoe half of this sum is required to pay the iuterest on these
loans, leaving but about UOa to be appKod aDDually in payment of
the principal: that the hoard of supervisors are desirous to repay
these loans moie speediry than they are now authorized, and ask
that the said acts may be so amended as will authorize the said
board to raise, by tax upon the said eounty, annually, and until
the extinguishment of the said debt, such a sum as the said bosird
may deem proper, not exceeding, however, the sum of 95,000 in
any one year.
- The oommiltee are of the opinion that the prayer of the peti-
tioners ought to be granted; and hare directed their chairman to
prepare a bill, and to ask leave to introduce the samos
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STATE OF NEW-YORK.
No. 21.
IN ASSEMBLY,
January 12, 1835.
REPORT
Of the select committee on the petition of sundry in-
habitants of Yates comity.
Hr. Hsllory, from the lelect committee, to vhich wu referred
the petition of laodry inhabitanta of the county of Yates, to in-
crease the number of commUsionen to superintepd the building of
a eoortrhouie and jail in said eoonty,
REPORTED:
That on the Sth of May, 18S4, an act of the Legislature of this
State was passed, authorizing and reqairing the supervisors of the
GOQDty of Yates, to raise by tax, a sum not less than Sts thousand '
dollars, nor exceeding eight thousand, for the purpose of building
a court-house and jail in said county: that John Sptcer and Joel
Donnan, esquires, Tvere, by said act, appointed commissioners to
■nperintend and contract for the building of said court-bouse and
jtil. ■
Your committee have ascertained from said petition, tliat the
said commissioners so appointed, have made considerable progreu
ia the erection of a stone building for a jail in said county; but in
anueqoence of a difference of opinion existing between said com-
Busriooers, nothing has hitherto been done by them towards the
erection of a court-house, of which said county stands greatly in
need.
[Aasem. 21.] 1
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The petitioners pray for the passage of a law appointing the
Hon. Abel Feck, formerly one of the judges of said county, and
DOW B resident thereoi^ an additional commissioner, with full pow-
er to enable him to act with the said Spicer and Dorman, in the
erection and completion of the buildings aforesaid.
Your committee cm sea no reason why the prayer of the peti-
tioners should not be granted, and have instructed their cbairmaa
to prepare a bill, which they aak leave to introduce.
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STATE OF NEW-YORK.
Wo. 22.
IN ASSEMBLY,
January 10, 1835.
MESSAGE
From Uie Governor, transmitting a communicatiott
from the Executive of the State of Maryland.
•TO THE ASSEMBLY.
Enclosed I trumnit to you the proceeding! of the Legiilatun
of the State of Mftiyland, on the nsolatione and report of the
Legiilatore of this State relative to the organization of the Mi*
litis.
W. L. HAKCY.
Mbtmjf, /on. 10, laas.
[A««ni. No. M.]
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BESOLUTIONS AND REPORT
Of the I/egislature of Maryland relative to tiie oi^*
nization of the militia ot the several Statci of uia
Union.
EXECUTIVE DEPARTBfBNT.
^nnmoUtj June 6, IBS4.
sm.
Xo eonpUanc* with the nqueit o( the General Auembljr of thii
State, I trumnit the foregoing copy of a Report of a committee
«f the HooM of Delegates, and of Reaolutioni paued by the Ge-
iwral Anenbly, whichi recpectfully remieit that your Excellency
wUI lay before the Legiilature of New-York.
With the bigheat coaiideration,
I bare tbe honor to be
Your ExeelleDcy'a ob't eervant,
JAMES THOMAB.
HiaEzeeUeDcy
the Goreraor of New-Yorit.
HOUSE OF DELEGATES. )
Manh 15, 1S84. ) •
itr. Heard, Chaimuui of the eoaunittee on the MiUtia, deliTer-
•d the foUowing report: —
The committee on the Militia, to whom waa referred a comrau-
tdeatioB from the Goreroor of New- York, tranemittiDf a report
and reeidatioiu paawd by tho legislature of that ttaie, submit the
following report: —
Tfae Mibiect referred to in the report and reaolutioni above men*
ticMwd, relatei to lome of the proviaioni of the law o( the United
States, pawed on the 8th May, 1792, orgaoiziog the Militia of the
United States, Under that law. all able bodied free white male
dtizeni, between the ages of ei^tecn and forty-five, are to be eo*
rolled for the public defence, and when so enrolled, they are re-
quired to arm and equip themselves at their own expense.
Your ooaomittee fully concur in the reasons set forth in the re-
port referred to, shewing why so Urge an enrolment was necessa*
rj at the time of the passage of that law, and alio concur in the
reason contained in that report which goes to prove that so largo
as enrolment of the militia is not necessary for tfae pablic defence
at this time. Your committee are of optoioo, that an enrolment,
emhrariij all able bodied white male dtiieiM, between the ages
at tw«Bt7*eae and forty yeara, would embody a anmbar of aiaa
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fully competent to the defence of the netioo. The greet object of
our militia aystein, being the efficient defence of thecoonlry, there
is more to be apprehended from the want of proper organization
and discipline, than from any deficiency of numbers.
Exempting from enrobnent eif below the age of twenty-one, and
abore the ^eeftor^ yea*. wW tkpf^ 'dot a l*|p number of
citizens who can be well spared from militia serTice, and who
^onld ^'tietter. eokpleyed in tlie peaeefal avocations o^lifej even
m time of war it would be necessary to leave at home some able
flowed citieeiw to take care of the ordinary eoncenit-of -fife, and
none could be better selected than those who will come wjlhui the
ages proposed to be exempted. Your committee therefore concur
in the opinion contained in the report referred to, that the enrol-
menl of the militia should be conJincd, in future, to the able bo-
died white male citizens between the ages of twenty-one «>d for-
tyyears* . ,
But yonr committee cannot concur Tn the sentiment contained
in the latter part of the sixth paragraph of the report referred to,
which inovtcates the idea that the militia are only to be employed
on sudden emergencies, and until a more permanent force can be
provided. As it is contrary to the pcdicy of free governments to
make offensive war, your committee are of opinion that a proper-
ly organized and dioiplined militia would be adequate to the defence
of the eouDUy^ and should be mainly relied upan as the only safe
and efficient resort in the event of hostilities.
It will be necessary for the general government to keep up a
military force sufficient to garrison the fbrlificaUons erected by
that government for the national defence^ but when the soil of our
eoantry shall be invaded, the militia should be relied upon to de-
fend it, and to expel such invaders.
While the people retain the aword, tliey can control the desti-
nies of their country, and it will be safe. We have the experience
of nations gone before us to prove this position; so long as the ci-
tizens of Greece and Rome defended dieir coontry in person, they
were free, independent and powerful, and when that high and hi>-
Dorable duty was devolved upon mercenaries, they lost their libera
ties and became the slaves of those whom they hired to defend
them- — let us avail onrselves of the sad experience of those nations,
and endeavor to avoid those errors which brought upon them sneh
signal misfortunes. There is no truth better substantiated by his-
tory than that large standing armies are hostile to, and destruc-
tive of free institutions.
Your committee concur fully with the sentiment contained in
the report referred to in relation to that provnion of the law of
*92, which requires every militiaman to arm and equip himself at
his own expense; the report says it is Wrong in principle and op-
■prdBsive in practice.
To carry into effect the foreeoing views, your committee re-
commend the adoption of the following resolutions:
' jkciotved by the General Assembly 0/ Maryland, That our S«-
tntore in Congress be initrncted, and our Repreietitatives ba r*-
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qoMted, to um their exertiou to procure luch unondmenfai of the
set of Coagren organizing the miHtia, u ab«U relieve the people,
u fsr as practicable, from the burdens of the aystam without im-
pairing its efficiency.
Resolved, That bis Excellency the GoTemor, be requested to
transmit copies of these resolutions and report to our Senators
and Representatives in Congress, and also to the Governors of the
several Slates, wilh a request that they may be laid before the
Le^Iatures thereof.
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STATE OF NEW-YORK.
3Vo. 33.
IN ASSEMBLY,
January 13, 1835.
REPORT
Of the select committee on the petition of Samuel H.
Newellj to change his name.
tfr. Cut, from the telact cmnmittee to which wai referred tha
petition of Sunoel H. Newell, to chuige bis name to John Stark,
REPORTED:
That ;oiir committee hare examined the aaid petition, and find
the following to be the principal reaaoos: That the aaid Samuel
H. Newel], of the city of New-York, ii a grandson of Major Caleb
Stark, and a great-grands6n of General John Stark, both of the
molatioDar; army;, that the sud. Caleb Starii haa no grandson
beaiing the name of Stark; and that it is the wish and request of
■be nid Caleb Stark, that yoar petitioner may take and bear the
Mine of John Starit Yoor committee are tiaanimouily of opinion
■hat the reasons set forth in the petition are reasonable and suffi-
omt, and bare accordin^y prepared a lull, and directed their
1 to ask leave to introduce the same.
[Aseem. No. 99.]
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STATE OF NEW-YORK.
Wo. 24.
IN ASSEMBLY,
January 13» 1835.
REPORT
Of die select committee ob tbe petition oi Kumui
Levy »nd Catharine B. Levy, to change their sur-
Mr. UvingstoDi from the select conunittee to which was refer-
nd the petition of Karmui Levy and Catharin« B> Levy^ hii wife,
pnyiBg to be psraiittfid to change their auroame,
REPORTED:
That the petiticmen allege that they have been residents or the
Qty of New- York for several yean past, during whleh time the
ntd Kannan Levy has been engaged in basiness as a merchant:
That they are the parents of a female child named Adelaide Levy,
of about the age of five years, and that they make this application
Irom considerations of a pecuniary character, deeply affecting
Ibem and their said child, and from a conviction that the name
borne by them and their said child is an impediment to an acquisi-
tion of property, which they might acquire if such impediment
Vis removed.
The said Karman further alleges, that he has suffered and still
continues to suffer serious inconveniences and embarrassments in
bii basiness, owing to Uie names ao borne by himself end his wife
nut child.
The petitioners, for the reasons stated, pray that their
may be changed to Perier.
[Assem. No. 34.] . 1
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Yonr committee bav* carefully considered the merits of thi*
application, and find that the petitioners have not, in the opinioD
of the committee, stated any definite reason urbicb should operate
apoo the Legislature to induce tb«m to grant the prayer of the
petition.
They urge in favor of their application that they are actoated
in mailing it by considerations of a pecuniary character, and tay
that tfie name of Levy, is an io^iediment to their acqoisitioa of
property. But they do not state by what considerations of a pecu-
niary nature they are actuated, nor do they slate in what manner
or why their bearing the name of Levy forms an impediment to
their acquisition of property.
Such statements, it seems to yoor committee, are too loose and
general in tbmr nature to form a proper ground woik for a Legia-
lative act.
And as several petitions for change of names have been referred
toyour committee, they take this occasion to observe, that if great
caution is not used by the Le^slature in requiring particular and
strong and cogent reasons before granting such applications, iva
shall probably, owing to the caprice of individuals, fill a conside-
rable share of our statute book with legislative acts of this cha-
racter.
Your committee recommend, for the reasooa above stated, that
the prayer of the petitioners be denied.
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STATE OF NUW-YORK.
No. 25.
IN ASSEMBLY,
January 12, 1835.
KEPORT
Of the select ccanmittee on the petition of James Bat-
tle and others.
Ur. LiTingstoa, from the select committee to which was refer*
ted the petition of Jamei Battle and othen, praying for the pms-
■age of an act to authorise theu to assume the surnune of Bat-
teU,
REPORTED:
That the only reason assigned for the proposed alteration, is
that the petitioners are generally considered pugnacious, because
tbeir surname is spelled Battle ; and they state that for that rea-
lm they are desirous to be permitted to to alter the anthography
of tbeir ramame to BtOteU. The change of name asked for is ve-
>7 iliji^t, and is not, in the opinion of your committee, st^itported
by any nifficient reason which sbonld induce legislative action in
relititNi to it.
Your coiDDiittee recommend that the prayer of the petitioners be
deniecL
No. U.]
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STATE OF NEW-YORK.
No. 26^
IN ASSEMBLY,
January 13, 1835.
REPORT
Of the Commissioners of the Land-0£Bce on the pe-
tition of Samuel S. Lu^.
The Conuoianonen of the Land-Office, on the reference from
the Auembljr, of the petition of Samuel S. Lush, of the city of
AUwmy,
Resfectpolly rbport AH follows:
It appean by Uie boolu in the public offices, aa represented by
the petitioner, that he purchased at a sale of lands, held by the Snr-
Teyor-General, lot No. S12, of township No.ll, Old Military tract,
in the county of Essex; and on the 11th day of December, ISOft,
the petitioner paid into the treasury the sum of $68, having preW-
otuly paid CIO on making the purchase, being a total of 073 paid
for the lot On the 11th day of September, 1806, a patent was
granted to him for the said lot No. 313, which lot was represent-
ed in the patent, as containing, exclusive of water, 107 acres. —
Two lots were granted to the petitioner in the same patent, viz:
Numbers 286 and 812; on condition as set forth in the patent,
" that within the term of seven years, to be computed from the
finrtday of January next, ensuing the date hereof, (Sept. 11, 1806,)
there shall be one actual settlement made on the hereby granted
premises," otherwise the letters patent, and the estate thereby
gtaated, become void. It is not known, whether or not, the peti-
tioger complied with this condition m the grant; but it is supposed
. No. 36.] 1
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he did not, aod mibiequent )aw» were pnaaed, releaiiog these and
other lands, front forfeitare. See, refereace to these laws, p. 847,
Senate Journal of 1B3S.
The lot in qaestion, No. S12, is represented in Thomas' surrey,
made in 1604, as being partly corered with the waters of Placido
lake; the number of acres thos covered, a* near at conM be ascer-
tained from the original map, at the time of the sale, was fifty-three
acres. In 1883, John Richards was employed to re-survey town-
ship No. 11, and from the survey and map made by him, and filed
in the Surveyor-General's office, it appears that lot No. 313 is co-
vered with the waters of the Placide lake, "excepting about 90 acres,
there being 77 acres less of land, than the quantity patented to the
petitioner, and paid for by him.
For this defieielicy, be presents a claim agaiost die State, of
•63.53, for principal paid in 1606, and the interest on this sum at
7 per cent, for twenty-nine years, making a total of •1&6.S2.
Assuming that Thorn's map is erroneous, that Placide lake is not
truly delineated upon it, and this is clearly shown by the new sur-
vey of the township made in 1633, it would seem to be just, that
the petitioner should have the 77 acres, which appear to be cover-
ed with water, made up to him. This can be done, by giving him
a grant of 77 acres out of lot No, 903, contiguous to the 30 acres
now owned by him. Lot No. 392 is unpatented, and belongs to
the School Fund; bat the Commissioners of the Land-Office might
be autboriced to grant the lot, or a portion of it, to the petitioner,
and the School Fund could be remunerated by a payment from the
General Fund, of the appraised value of the land thus conveyed.
If the Legislature should determine to remunerate the petilioaer,
by a direct payment from the treasury, of the sum paid by hinn in
1605, and the interest thereon to the present time, the amount
would be as follows, viz:
PkJd for 7? acres (at the rate of |78, for 107, acres,} Dec
11, 1805, / csa GS
latereii on the tame at 0 per et. 30 y. to Dec. 11, 1834, 81 os
Total amount of principal and intereit, . . . . C144 lo
All which is respectfully submitted.
A. C. FLAGG,
GREENE C. BRONSON,
^a«q^ Jan. 18, 1836. JOHN A DIX.
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STATE OF NEW-YOKK.
No. 27.
IN ASSEMBLY,
January 12, 1835.
ANNUAL REPORT
Of Abraham A. Slover, Inspector of Lumber in the
city of New- York.
TO THE LEGISLATURE OF THE STATE OP NEW-
YORK.
Agreeable to the Revised Laws, chapter 17, I, as an inspector
of ttunber, make the following returns. From the Ist of January,
18S4, to first of Janoary, 1886, I have inspected the foUowing par-
eels:
15,825 feet aah plank, worth from tie to 22 per H.
3,758 " oak plank " 23 to 3& "
522,097 " pineboard " 12 to 18 "
35,823 " white wood plank,... " 12 to 18 "
31,290 " maple joist, " 15 to 18 "
4,840 " cherry, " SO to 80 «
604,600 " St Domingo and bay mahogany,
bay from 10 to 7 cts. per foot
St Domingo, <' 12 to 35 "
42,617 " Spanish cedar, " 5 to 7 "
Amonnt of earnings CljOOT 55
ABM. A. SLOVER,
httpector,
XtVhYork, January 8, 1835.
[Asiem. No. 27.] 1
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STATE OF NEW-YORK.
No. 28.
IN ASSEMBLY,
Januarys, 1835.
MESSAGE
FiDm the Governor, transmitting the Annual Report
of the Commissary-General.
TO THE ASSEMBLY.
I herewith tnuumit to you the Annual Report of the Com-
miiaeTy^Senen].
W. L. MARCY.
^aaf, JEn. 7, ISW.
[Amoid. No. M.]
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REPORT, Jfcc.
STATE OF NEW-YORK, )
GammiMaary-Oenerart O^Ece. \
JV^to^FwJfc, December t\, 1884.
WnAAAM L. Masct, Commander-in-Chief of the milida of the
State of New- York:
SIR—
In compliance vith a provision of the Revised Statutes of
this State, foand at section fifteen, of article second, of titie eight,
of chapter tenth, relating to the militia and puUic defence, I re-
spectfully submit the fotlowing statements, with the tables annex-
ed, as Uie annual report of this ofGce to you and the Legislatare;
the'wlBg in them, ai far as I am able from actual examination and
information received, *'the actual situation and disposition of all
die ordnance, arms, ammanition and other munitions of war, pro-
perty and tfaingi, which in any wise appertain to, or respect the
department confided to the keeping of the Commissary-General."
The State property at forts Richmond and Tompkins, remain
in the same condition ax when last reported,' which I must remark
is also the case of the property in all the arsenals, except those at
New-York and Albany. It had been my intention to overhaol the
aracDals and their contents at Batavia, Elizabethtown, Water-
lowD and Russell, during the last season, but my personal serrices
and presence have been required at the New-York and Albany ar-
aeoala, so constantly, that I have been obliged to defer the tabor
which I had contemplated to have performed at those places.
Another season may prove more propitious.
One of the out-buildings of the arsenal at Battvia, bas, as I am
informed, been bumed down. Of the circumstances of the case,
I know nothing further than what is detailed in a letter received
hj roe firom N. Pollett, esq., keeper of the anenal at that plaoe,
which it anoexed.
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The 24 pouader, which had beeo lying on Rock&vay beach for
many years, has been got out of its bed, and baa been removed
from thence to the arsenal yard, New- York, by my directioos.
This piece of ordnance is in a better state of preservation than
has been supposed, but it will require some labor to remove the
incrastatiOQS of sand and rust from it, and to fit it for service
again, of which it is evidently susceptible.
At the Albany arsenal, over twelve thousand muskets have been
oiled, and much other labor haa been performed. The gable ends
and roof of this bnilding have been repaired this seasoD*
At the New-York arsenal, over twelve thousand cartridge-boxes
have been oiled and varnished, together with as many bayonet
scabbards and cross belts. The verdigris with which the brass
mountings of the equipmeata was mostly covered, required them
to be separated from their belts, in order to be cleaned separately
in a proper manaer. The labor of scraping these -mountings has
Deen found much greater and severer than was anticipated. They
are now all cleaned. About twelve thousand belta remain to be
oiled and varnished, the labor of which is proceediog, and when
finished, the leather articlea of this arsenal will have received a
thorough overhauling, cleaning, oiling and varnishing, such as, in
my opinion, they have never before received, and which they
stood so much in need of, that their utter loss would have proved
a consequence of their further neglect, Qr delay to be taken in
hand.
Many arms have had to be overhauled and cleaned several times,
and the regular business of cleaning delayed, this season, in con-r
sequence of occurrences of a public nature, at one of which, threp
hundred muskets were forcibly seized and taken out of the arse-^
nal, none of which, after cleaning, have been restored to their
racks again in as good condition as they were when taken from
them. At another, during the riots of July last, arms and stores
were issued to uniformed corps, on requisitions of the chief ma-
gistrate of the city of New- York. I granted these issues with re-
luctance, fully persuaded, that nothing but the extraordinary exi-
gency of the case could warrant their being issued, and aware
that there are no provisions of law to authorize them. Of these
issues I will present a special statement to you. Owing to these
circumstances, and the performance of other labor, there are se-
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N«. 38.] 5
Teral thousand muiketi, therefore, that have not yet been over-
haaled and cleaned at this araenal.
Much additional labor, and some expense, has been incurred by
the department, from the loan to and use of the camp stores of
the State, by parties for encampments during the season. And as
the prospect of these excursions is increasing, and it appearing to
me to be the business of Congress to provide camp stores for the
militia, and not the State, I would respectfully recommend soma
regulation on the suhject of loaning the few camp stores of this
State which it now possesses. These camp stores are all at the
New-York arsenal, except thirty-one wall tents; and, therefore,
accommodatioDa to the corps in this city may be proportionally
greater than to the other corps of the State, many of which, in
the interior, seem desirous to share of the privilege, if the prac-
tice is to be continued to loan these stores for encampments.
I would also remark, that additional lahor has been bestowed
for the cleaning of, and keeping in good repair, the ordnance and
harness, in possession of artillery companies, an^ issued to tkem,
bit housed at this arsenal; and in addition to this, say, that rather
than see the public property, in the care of others, but under my
eye, exlubited to the public in a condition which might shame the
pride of ownership, I have caused the material frequently to leave
the arsenal yard in a condition creditable to the State, while its
brightened aspect, instead of awakening a sense of pride in the
companies from the lesson, as intended, appears to have impressed
the sense of the served with the hright idea only, that " it is the
^uty of the Commissary-General to clean their guns V Some of
tliese parties do not seem to comprehend the difference between
iheir being in possession of the public ordnance, and bound for
its good order, as sections of the State law of April 8th, 180B,
ttiil in force, prescribe, and the ordnance which is in the State
arsenals unappropriated, and under the special care of the Com*
missai'y -General.
Tbere are exceptions to these remarks in captains George W.
Chapman, Thomas H. White and John G, Rohr, who have ex-
pressed their willingness to comply with regulations on this head.
Always ready and willing to render service where service is due,
promptly and zealously, unfounded pretensions to gratuitous labor
which has commenced, is increasing -and ought to be diminished,
it appears to me should be opposed.
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tf [A8SBIin,T
Tbe iron 19 pouaden, 12 pouDd«rB and 9 pounders, aod the
brass 12 pounders and 9 pounders, have been dismounted from their
carriages during the summer, and placed on skids in the arsensl
yard, to make room within the building for new pieces received
from the United States, and for the 6 pounder brass ordnance, to
which the sheds did not afford, in my opinion, as tke times were,
sufficient safety and protection. The old carriages of the larger
field piecea have been placed underjhe shed, and tbe siied roofs so
repaired that protection from the elements is afforded to them.
The carriages, implements and equipments of the two brass 18
pounders, have been overhauled, repaired and painted, and percus-
sion locks fixed on the guns this season. The carriages were built
on the English system of the block trail carriage, but their lim-
bers were not constructed in accordance with that system. Having
the pole only, and no shafts aunezed at the sides of the pole, the
weight of the limber, therefore, wider draught falls entirely on
the necks of the pole horses, and the unsteadiness of the motion
of tbe limber during transportation, at which no lashing chain can
be applied to bear the weight of the pole, by means of a lashing ring
at the trail of the gun carriage, arc causes which render the beat
draught horses restive in drawing these guns, and those of heavy
caliber mounted in a similar manner. The gearing will be changed
by adding shafts at the sides of the pole, and by bearing chains to
connect the pole and shafts across the horses backs.
Tumbrel harness will be used in part for the double shafts
thus constructed, instead of double pole harness as at present I
presume that these alterations will obviate the difficulties existing
in the movement of these large guns, and increase their active
transportation and manoeuvre. These two 18 pounders have this
fall been exchanged with the veteran corps for two brass 12 pond-
ers, which they had in possession.
Seventy iron 6 pounder pieces of field artillery, with carriages,
implements and equipments for their service, and fifty percussion
cannon locks, and twenty hand or stock locks, have been receiv-
ed during the season from the War Department of the United
States, under the "act of Congress of April, 1808, for arming
tbe whole body of the militia."
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No. 38.] 7
Of this number, twenty-two new pieces hsve been issued, to-
gether with twenty-two percussion caDuon locks, to artillery
companies, others being promised.
One of these new guns was exchanged for an old brasi 6 pound"
er, with lieutenant Simon D. Paddock, of Amboy, Onondaga
county, attached to the 29th artillery. - After he had receired the
new gun, he gave information that the company had no gun house.
The carriage of this old brass 6 pounder, with the implements re-
turned, were found useless, and the piece itself worn out, and fit
to be recast into a new gun only. This piece, I have no doubt,
has been much exposed and neglected. Similar are the drcum-
stsnces of a brass 6 pounder exchanged for'a new iron piece with
captain John H. Martin of Catskill, attached to the 5th regiment
of artillery. These pieces were cast in this country about the
commencement of the revolutionary war, by James Bryars, and
with the four and three pooaders now in possession of some artil-
lery coBRfanie*, are ihe pieces referred to by ma in my last year's
report, aa the pieces issued previous to 1836, which should be re-
calledr to b« recast, if -deemed proper, to ihe end that the public
weal, ahonld it require the ordnance of the State for actnai ser-
vice, Doay find its material of ordnance in a serviceable, instead of
a» unserviceable condition^ in which, io-my opinion, a large part
of the Stale ordnance is at present;
Thwe guns are £Boerally worn out for their caliber, and are
ODcqual in thdr bore, though the metal of which they are com-
posed may be «s good a« ever it was for cann<H). The unfitness
for service of a piece of brass artillery of good casting, is made
so by the eohrgement of the- diameter of the bore above its pro-
per caliboTf caused by friction from use- I have thought, and still
think, that alt pieces of this deseriptioa, when and wheresoever
finuid, shonld be returned to the arsenala of the State.
There is some difficulty in obtaining, at present, perfect brass
ordoance of new castings. It is presumed that this is owing to a
want of experience and encouragement of the foundries of our
coaotry in this particulnr art. Time and the public wants, it is
supposed, will improve the casting of brass guns, ao much prefer-
red for appearance sake for field artillery, over the iron gun, which,
however, is deemed the best for cannon ball practice.
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The iron guns which the State has received, are certunly a su-
perior article, both as relates to the guos and Uteir carriages, which
are of the best materials and workmaDship.
There are now twenty-lwo pieces in the possession of artillery
compaoies, equipped with fixed cannon locks, all applied to them
during this season, viz: the pieces of the llth regiment, sixteen;
independent veteran corps, two; 6th artillery, captun John F.
Strain, two; 3&th artillery, captain James Darrow, one; and S3d
regiment, colonel Hinman, for brass piece number 100, at Auburn,
one. The patterns of these locks have been well tested, and ap-
proved by lieutenant colonel Talcott of the United States ord-
nance service, and the War Department, and their utility, econo-
my and superiority over the old practice of firing field artillery,
conceded and established.
There are now about two hundred and fiAeen companies of ar*
tillery in this State, having among them two htmdred and thirty-
seven pieces of fiald artillery of difierent calibers, from 3 to 16
pounders, besides the 3d, 8d, 9th and 3Tth regiments of artillery,
which are at this timedoing duty with muskets as infantry. These
are by law all entitled to ammunition stores for practice, fnun the
State. Those having pieces are by law directed, that " the coin>
maodants shall annually report to the Commissary-Generat, the
situation and state of the pieces of ordnance, arms, implements
. and accoutrements, the property of the Stat* entrusted to their
charge respectively." Ot the two hundred and fifteen command-
ants having pieces, one hundred have not reported to this office; of
fifteen reported, the state of repair has not been mentioned; eigh-
teen have been reported in want of repairs; and fifty-nine have
been reported in good order. Twenty-two pieces have been re-
paired in 1884, and twenty-three new issues and exchanges have
been made, besides the two brass Id's exehanged with captain
Chapman, of the veteran corps, for two 13 pounders. Twenty-
two of the number issued are of the new iron guns, and one brass
6 pounder, repaired at the Albany arssna]. The stores issued to
these companies and regiments during the year, for practice,
amount to three hundred and thirty-two and a half quarter caaks
of powder, and twelve hundred and ninety cannon balls on requi-
sitions, and by order of the Commander in Chief. The tables, it
is presumed, will explain satisfactorily other detuls.
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Kio. 98.] t
I woald beg leave to offer s few remarks on the organization of
' dte artillery, which I would respectfully refer to the commauder
in chief uid the Legislature.
The organizatioD of the artiUery of our State, both in relat)<m
to its material and personal, require alterations and amendnients,
ia mj opiBion; and should the improvemeDts of European powers
in this arm of an army be considered worthy of attention, as ex-
amples suggested by the experience of twenty years of war, it ap-
pears to me we ought not to neglect the instruction till the hour
«f war IS annoimced to as at our threshold.
The British goverment had given a construction to their field
artillery carriagea, which for mobility, or activity of service, was
deemed superior to the French Gribeaural system, after which,
onr carriages have of late years been modelled; but whether the
carriages of the British system are so superior I am not prepared
to say. The French have of late remodelled their system of cou-
stnictioQ, and have adopted the English plan, as ' their basis for
their field carriges; and while they have improved them and their
ordnance, as they suppose, they have limited the ordnance to two
caHbers of metal for field service for their cannon, and two for
their howitzers. They have now brass 8 and 13 pounder cannon,
«od 0 and 8 inch howitzers. The wheels of the French carriages
are all alike, and of the same heighth, or diameter, for the limber
wheels, and ammunition wagon wheels, as for the gun carriage
wheels. The ammnnition wagon limber is of the same model as
the gun carriage limber, and may be used for either the wagon or
field gun carriages. The 6 inch howitzer fits the gun carriage of
the 8 pounder brass gun, and the 6* inch the 12 pounder gun car-
riage. Their whole system is thereby simplified, and arranged in
such complete order for service, that the greatest possible means
of activity is secured to the system, and to such calibers of metal
as will be of forcible effect, as the French ordonnance or law de-
termines it
We have all the calibers of S, 8, 4, 6, 9 and 18 pounders, attach-
ed to di&rent companies of artillery, without order, or limitation as
to weight of metal used, or position, and without any arrangement
into batteries, as organized units for field service established by
law. The various denominations of fixed ammunition required for
[Auem. No. 38.] 3
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10 [AMSMH.T
to many calibera, would alont oonfuM a •ervioe, tad a Ion or a
battle; nay, id critica] cum, liberty itself might be the ooD«eqoea-
eesof misiiutructioD, misdirection or misundoratoadiogof the caliber
of ammanition wanted for the guns in service at a particular posi-
tion, from the use of so many different calibers of field ordnance.
It appears to me that the 6 pounder -cannoo is the proper gun
for our country, for ordinary field service, and to which and the
6 inch howitzer we should limit our field batteries, having 12
pounders and 8 inch howitzers however in reserve. The British
use the 6 pounder. We have the most field guns of this oaltt>er,
and it appears the best adapted to our service for activity or mo-
bility. It is light enough to be handy, and not too heavy to be
quick, and for field service belter than the heavy nine, nearly two
shots for one — and as regards range and execution very little dif-
ferent from the nine — and the killed with the 6 pounder will not
complain that they have not been as well killed as if killed with a
9 pounder, as general Allix, of the French service, pertinently re-
marks in his critique on the new French system of artillery.
In relation to the number of guns of the two calibers required,
eircumstances must govern them. Disciplined infantry are sup-
posed to require a force of artillery less large than bad or indif-
ferent infantry. I believe the latest opinions of the Emperor Na-
poleon gave to a corps d'armee of 40,000 men, ISO pieces of can-
non, 18 of which were to be 13 pounders and 80 howitzers. Such
a number of pieces would organize twenty batteries of 6 pieces
each.
In all services of Europe the number of cannon and howitzers
intended to compose a battery of field artillery are limited to fixed
numbers. The British and French have theirs of six, and the
Russians theirs of eight. The pieces with an ammunition wagon
or caisson attached to each piece, are, by the French, termed the
material of the battery. To manoeuvre the battery and transport
it is the business of the train of the battery, or an organized and
disciplined corps of drivers and horses, and to these two parts are
.added the personal of horsemen for horse artillery, or foot artille-
rymen, in charge of whom, and under the direction of the chief of
whom, the manoeuvres and duty of the field battery are executed.
Battalions of the train* were introduced into the French ser-
vice about the 8th year of the French Republic. Colonel Cotty.
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N«. M.] 11
in hit Bneyelopedia Hethodique, csUi their cMatiOD <*ah«ppy
idM from which all adruitagM h«v« been derired tince their ori-
gin." ' Spedal regulatieu ivere eitabli«hsd in that senriee for the
** Train D'Artillerie." Id the now Preneh •yitem, the tmin is a
eompooent part of the personal of the batteriei; the diitinction
between the toldien of the train and those of the personal is mads
by^ the terms of canoonier «u( for the matrus, and cannonier con-
dmctor for the driver. The uniform of the soidien is the same, ex-
cept a trifling distinction which denotes the train soldiers. I believe
there h no analogous institation in the United States arm^ to the
train corps of the artillery arm in Europe, at least I have not heard
of mj soch. Withoot sacb corps in the artillery of the United
States, and the militia artillery arm, it appears to me that, how great
soever the intelligence of the personal of the field artillery may be,
and good the material, the value of the arm for its capacity of
motion, and celerity of execution, will be mnch lessened, if not in
some eases paralyzed. An artillery with disdi^ined train corps
demonstrates the truth of the deiideratnra of discipline of Marsbal
Saxe, that '* the mystery of discipline lies in the legs," for without
tho legs and mechanical action of a well disciplined train, annexed
to OUT field artillery, our batteries wilt lack the necessary tout en-
semble of action for efficiency in the field. I would, therefore, re-
commend the institution of a unit force of the artillery arm in our
militia volunteers', by the organization of hatteriet of field artillery,
(instead of companies with one field piece, and regiments of four,
ive, NX, seven or eight companies of artillery with as many pie-
ces,) of At&r agklpiecet^ of denominated calibers' of cannon and
hovritzert, having in view the territory and topographical locality
«f the State where they are organized — the personal and train of
batteries to be component parts of the same command, whether of
hone or foot artillery — the train of the foot artillery to have all
tite privUeges of horse artillery, and to receive the utmost limit of
legislative enconrsgement, to induce the intelligent to take part
in the establishment of an efficient artillery system, in the place of
die nominal corps of that name, which are now prevalent, and of
Title value as artillery or a system.
CSoagnas has power to establi^ laws to organiia the nilitia, and
" Botqect to soch laws, thfc Cootmandar-tn^hief may alter, divida^
awsnr and coosolUate the diviaioaa, brigades, regmients, batta-
liona, squadrons, troops and companies in such manner as in his
(pinion the proper oi^anizatton of the same shall require.'* Con-
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13 [AasEiiM^r
grew bu not autfaomod the hone artillery, ftnd train corpa hi the
militia, it is true, nor in the regular army; bat the ana of botBe
artillery has been establiahed, and is known to osr State laws; uaA
" the proper organization" of our artillery, horse and foot, bov re-
quires necessarily, train corps, as a component part of ovr artillery
system, to give celerity of acticn and promptness of execntioa to
the unit force of the field battery, when ordered to execute at a
determined position. Congress acted on the militia law, and esta-
blished a general outline.j>f organization on the eth May, 17&3, at
which time, although the horse artillery had been introduced into
the armies of Pruisia, by Frederic the 2d, and was perfected during
the wars of the French Revolution, yet such corps were little or
not known in the United States at that time. Train corps are a
subsequent inititution, and their organization in the horse and foot
artillery in France, added. a power to their disciplined infantry
conjointly, which gave auperiority to the French arms in many of
their most iplendld achievmeuts in the wars of the revolution and
subsequently.
Should the proper organizatioD of the artillery of this State be
thought to require tram corpt, I would respectfully again recom-
mend to the Commander-in-Chief, and the LegiBlatura, to organize
the field ordnance of this State, ofpropo" caliber* to be so arranged
into field batteries of artillery, and the train corps for their ser-
vice, to be attached to the companies of artillery, which will re-
quire to be re-organized for the service of the field baltories. Un-
der this change, legislative encouragement should certainly provide
sufficient inducement to enlist an able train and personal, in order
to make the organization efficient, and the New- York State artil-
lery a volunteer corps of capacity and respectability, as a military
body.
Believing that the comfort and health of the soldier will be prcH
moted by a well constructed knapsack, to contain his necessaries
conveniently and securely, if made of materials impervious to wa-
. ter, such a knapsack wiU be submitted to your examination during
the present session of the Legislature, constructed of materials, and
of a model, prepared by my directions, and will be sabmitted with
aecompanying "observationB on the Hanovarian knapsack," of
wUch the one to be presented is presumed to be a close pattern.
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No. 38.] 13
I would cloM tbe«e remarkt by annexiDg the following extract '
from the report of the lata Commisaary-Generai Muir, under date
of January 20th, 1839:
" The duties required of the CooimiBsary'-General, under the Re-
vised Statutes, (by the orgaoization of artillery companies and
corps, issues of ammunition, constant accession of arms, ordnance
and other property,) have been so very much increased, that he
submits, with great deference to his Excellency the Governor, and
through him, to the Legislature, his claim to an increase of salary,
adequate to the services required of him, and of his responsibilities
in the amount of property entrusted to his keeping."
Persuaded, from my own experience, that the representations in
this extract are well grounded, I respectfully renew them through
yon to the Legislature, and beg an indulgent consideration of the
suggested proposition at this time.
I have the honor to be, with the greatest respect.
Your Excellency's ob't servant,
HENRY ARCULARIUS,
Com. Gfea.
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DOCUMENTS.
( Note I. )
The new cannon of the French Bystem are nearly the model of the
Gribeauval, adopted ia ITSIk But the neW howitzer differs essen-
tislly from that of the Gribeauval 6 inch howitzer, which, in the
bore, chamber included, are but 3 feet 41 lines, whilst the new, of
'ix same caliber, have a length of bore of B feet 6 inches, 51 lines.
The 6 inch Gribeauval howitzer weighs 650 lbs., the new, 1,800
Ibi.
The lengthening of the howitzers now in use, has been adopted,
lit To give greater range and more accuracy to this species of fire
inns. 3d, Becsuac the same carriage serves at once for the can-
non and correspondent howitzer. •
The augmentation of the we^ht resulting from an increased
length of bore, is not an inconvenience, because the howitzers do
not weigh more than tho cannon with which they ought to forOi
battery. Thus their respective weights are.
For the IS pounder cannon, 1,808 lbs.
Porth^ lengthened howitzer of 8 inches, 1,800 "
Por the 8 pounder cannon, 1 , 1 88 "
For the lengthened howitzer of 6 inches, 1,£00 "
The chamber of the lengthened howitzer has the same diameter
M (he bore of the cannon with which they are respectively placed
in battery ; tha same sponge serves for both pieces, only that
tbe rammer of the howitzer has its end hollow, in cup form, to re-
ceive the fuze of the shell when loading the howitzer.
The caliber of the cannon is 4 inches, 5 lines, 9 points for the 13
pounder, and 3 inches, 1 1 lines for the 8 pounder, (French mea-
■nre.) Their balls are one line less in diameter, which is termed
llieir windage; the length of the bore of the cannon is seventeen di-
uneters of the ball, and their weight 150 times that of the ball. —
[Translated from a French work.]
( Note II. )
The qualities signalized in the new French system of artillery,
aad of which the mode of actual warfare au^ents the impor-
tuce, imposed the obligation to simplify the organic forms of the
penonal, and to introduce in its coostiiutioa modifications, which
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16 [Amemklt
might give tbe aeeeaaiy degree of activity, to profit adruita^
geously of the perfectiooB obtained.
Under other coostderationB the necessity of important changes in
the constitution of the persona] of the artillery, had been for a
long time acknowledged. In the place of forming one and the
same corps, animated by tbe same spirit, directed by identical in-
terests, the persona] of the artillery was composed of two distinct
parties, which had to be united at the moment of war, since their
co-operation could alone perform the duties of the arm in the field.
One of these parties was exclusively charged with the service du-
ty of the piece; this was the artillery properly so called: the
other, under the denomination of the train of artillery, was uni-
formly appointed to conduct the pieces and the store*. These
two classes of agents, almost strangers to each other in times of
peace, were, in time of war, when their agreement became iodis-
penaable, rather opposed than amalgamated, because each had its
particular chief, a difierent organization, and a separate adnunis-
tration. From thence grew interior coHisioos, which too often
became hurtful to the service.
The now organization has given a turn to these inconveniences,
by admitting in principle —
1. That every man who figures before the enemy, either as an
artillery aid or a conductor of a field piece, is a party of one class
of cannotiiers. Those who serve the pieces are the caiiiu»n'er>
aidt, those who conduct the pieces are the cantumiert condMCtort.
They have both the same rank, wear the same uniform, except
some slight difierences which the special nature of Ha service re-
quires.
2. In time of peace, as in time of war, the part of the personal
attached to the duties of the piece, and those attached to conduct
them, form only one and the same whole, designated under the
name of battery.
By thus effacing all disparity among the men doing duty in the
same arm, where their concurrence is necessary, the new orga-
nization has united interests up to that period divided. It hiss
established unity in the command, concert in the manoeuvres, and
has caused the difiBculties which presented themselves in a trnn-
flition from peace to war to disappear. [Translated from the
French, same work as Note No. I.]
( Note III. ]
Letter fixm JiTatkan FMet, Keeper of th« Arsenal at Batavia.
Batatia, SlST Febbuart, I8S4.
SIR—
I have the anpleasant intelligence to announce to you that a
fire broke out about 3 o'clock P. M. in the white house near the
arsenal belonging to tbe State, which entirely consumed it in a few
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minnles. The occapants barely had time to take the most of their
effects out. The weather was very warm and pleasant, and how
it could have caught tire from the small quantity of fire they must
hare had at the time is imposible to say, with any degree of
certainty. We had a very hard blow, or it amounted to almost a
gale, a few days since: it unroofed a part of the wall on the north
side of the arsenal ; and on the south the frame of the roof was
fastened to the wall by hooks and staples, which held the frame;
bat the wind came with such violence that it took off one length
of the roof, and carried them against the gate with such force that
broke it open and considerably injured it. At that time the chim-
bies in the house must have been considerably racked by the wind,
u it caused them to work back and forwards' some inches, and
must have cracked them between the plastering and the chamber
floor, as the fire was first discovered at that place; the soot must
have taken fire and communicated through the chimney. I can
not account for it in any other probable manner: the building burnt ,
■tood within 30 feet of the yard wall, and so near the arsenal that
had the wind blown from the east it would have been hard work
to have preserved it: by keeping the roof of the wall and red
building wet we were able to save them. The wall roof should
be replaced as soon as the weather will permit The other re-
pairs you examined and understand, without any information from
me on the subject. Yours, &c.
N. FOLLETT.
NOTE.
TIm addttSond p*p«n ^eamfUijiBg ttJa Docummt w{U ba'priBtad mpmttij.
[AMem. No.<38.]
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y«. as.
IN ASSEMBLY,
JaaaaiyS, 1835.
DOCDMENTS
A.can»timjiMg tke Ueftl^&e Cinwmaniy.
OeoomL
(Imm )(<>.'M.J
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f the State of New- York,
MS AND AMMUNITION.
lag riflei.
tf pistols.
' eqaipments, abouL
of 1,000 roundi each, of fixed inoiket
of pifltol cartridges. [cartridges.
I of fixed canister and strafed shot, for
pr's. 9 pi's. 8 pr's. 4 pr's. and 8 ponodera.
r and howitzer shells.
n balls.
^r casks of powder.
.RCULARIUS,
Cammusary-Oeiurat
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( C. )
A StatoBMBt ia detail of t^e Ordmnee, AnnB» Ammu-
nition, and other Manitlons of War» the property c^
the State of New.TQrk. December ZUt, 1834.
Jk FtrU Mklummd, Tmiplmx a»d. Oufiox, Staitm-Ummi. Mgm
Wvt. D*Ua», Keeper,
Oatrinn Qrdtuace.
Iron S3 pounilen, mounted, (Port Richinofld,) 35
34 " " »
34 " (lismoUDled, (Fort HucUoD,)^ iS
33 " *' (near the dock,) . > 1
Ordnance &9res.
GarriBon gon esriiaget, :..:..; 43.
Pent-hottses,... ;.. .- '. i 43
Rammen and spongek for S3 pouodtin, 38
'*■ » 34 *' lOS
Ladlea for S3 pounders, ST
" «4 " IS
Battery handspikes, I SO
Iron orowbars, %,..,,..., W
Ix^^rheads...... , ...... Q-
Gun scrapers,..,,. 3
Worms for JU pofuiderv, 38>
34 " Sft
Debet carriage. *....,..•.... ......' I
Beds and qqoins. .., .: SO'
Iron truck wtie^lq,. ...»*. 10
Small truck carriage, .,...,... «.... l
CaaaoD balls for 93 pounders, m 3S1T
" 34 " 4133
Wa<^ a lot
Last reti^ dated January, 1834.
Ordnarue aitd Ordnojue Sbtrei d^sited at- Oovemor's klamd.
Iron 34 pounden, dismounted, ..-. 13
Ordnance Stares.
Garrison gun carriages for 34 pounders, .' 13
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JttieJhanalinlhetU^ifJIflm-Tork.
Field Oirttmamee,
Iron 34 poandbn, (SHnoum), .'«*t-. .r».,r..,„ »»
18 " •' 4
« :: *' «
Brm la poandwfc- diiipo«ni«ii^ ,«...*.,..., ft
ff " * .„.......'. «
♦ " - Boanled,...« -.. — .;.„.,,*., 4
t ' **■ diuiomted, S
* ** "■ NHwing, }
Field arlillery carvitgM, ., ►...,.,, S4
IV inch oMtnan, .».^..,. „„,«,,„.,... ,..,„.. „,, %
«. ■' 1
Si incheprouvette, ,..-.., , f
yercuwion cmidoh locks, »....,»,.... ,, .,„,, 94
StsckorlMod locks^ «.,.-. i»
Mtef, ...„;......... 12
/a tkepamttuomt^jarHUeiy Cawtfioiiew, houted M IM0 A-temaL
Brm J8 pwHKlertr nxninted , a
• ** " 1»
• ** •* , -...«,„..„ »
Wagoiu, >..,»*..„,..,. ,.,..„,....„.,, .^.. 1
Caimon*, , .,., »,,,. ,...,„^,..,„, V
Turabrifii, ..;,:,,.-, , 9
Ckmioaiocis,.....*^.,.,... „ —.-...^ .„.„„„ 22
Klflikettt in-«rd0iv, ...,,► ^.. .-..,. >]M»
Old barsMts...... .,.......,- ,, 1^
Old ramredi, r.^, ...„., „,,.,, 1, 60
Common riflei) ,.-.... «..„,,.,,, *„,,„,,..,.. 42
Repeating riflaf , eomplat* „,. ..,; •.... ftSO
North'a patent cM-biMr ...»......,,„,.;,, ' I
Commoik Eaglitb " ••..••...»......,,,■ *
Gsvah^ ewoKlii. ....,.,„,.,, .', |
Tain of piatulflf •••••»• 4..».,.,...,.,, ,.,.., ,„„,.,,, )59
ArtiRerjr awerds, ,...,,.,... „.,,,,, 9M
CntUiMa,.... , '"" <^4
Cartridge boMB, .., j^„^
• " Li ^^ IM*'
BtyrmM •eabbanla^ 13909
_ _,.\ fc«*<^ - 111. Mwr
Sword beha, .^ j^
G4»«liqg^,, ",'.".".! 17W
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NO.SM.] 41
Kuptack^ (4fg
uantecnt, ,^ 973t
Old field artillery carrioget .,,.......*.! S
Wagooi, ,
Canaont, ■
Tdmbrila, *". j
TraTelliog forgea, i |., n
SeU of harnera for traio, J09
Incomplete seta, 4
Driver! aaddlea, , 40
Commander-iD-cbiera marquee, " i
Utenailifor " eets, I
Hospital leDlSv , , j
Tent partitions, , , 51
Wall tents, ....,;. IM
Conimoo infantry tents 44S
Camp stools, OO
•* kettlea, '., 59
Old and brolien camp kettles, a lot.
Tent poles, a lot.
" pins, "
" " baga, , ,,,, 80
Mallets, a lot
Nationul colors, , , .,,.,., • 9
Regimental " ,,,. 7
CaTslrjr standards, . >•••••>••........'.......,....., 19
Standard socket^' 9
Bugles, 4
Files, 197
Snare drama, ,..,., ....•.,..,,..,, 99
Bass ■* ^; ,,., tf
Drnm sKncs, , ...,.,, 20
" Slicks, M
Medinoe chests, , "........,,..,,.,,, S
Garrison hammocks, ,, 29&
OW canvass caps,,...*. .,».......,,,„,. . I
Budge barrels, .... .............. ...... .««...,,,,...( 9
Sod cutlers, ,. ,,, 4
Facine hooks, ...•......•(«.........•.,...,... 119
Quoins, .,.,...,.,..,„, M>
Kamniers and sponges,,..,, 164
Ladles^ ,.................... ,.,,,., 41
Worms,.., ....•.,,.,....,..•..,,....,.,,.„., 7ft
Trail staves, ,. , ,..,....,, ,. 4ft
Mortar handspikes,,,., .... 4
" sponees, ...... . ,..,.,.,.,.,.,,,.,.,,,,...,.,. 4
Battery han^ikes, ..., , , jeft
Protunges, .,.......,,,,, ...... 4ft
Garrison dr^-ropea,,,... !H>
Seuof '* ,,.,. „.,,.., 411
Spw* drag-n>pe baodlasi a lot.
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4t [ASCKHILT
BricoU^ old and new IW>
SheH tcrapers, 1
" hook», 4
Shot carrien, 4
Iron ladlet, • ..• ' • l
Linstocki, . . . . •. i... * •' ;.... 7*
Port-fire gtodts, 45
Tar buckets, !8
Sponge" old, *•*• 4
Lead apron and straps, a lot.
TompioDs and collars, "
Spare impfement straps, '*
Leather narersacks .- 83
" pereaisioD lock caps,.. 15
'* tobe boxes, 37
Tin " 08
Pnwder-'homs, - 83
Tabe box straps, a lot.
Guoner's bells, 81
Powder-horn 'Straps, a lot.
Port-fire cases, S7
*' nippers, ' IS
Gunner's hammers, 18
" ghnleu, .' .' 3t
*' pincers, 15
Priming-wires for cannon, S9
Thumbstalla 18
Tarpawlings for cannon 4f)
**■ tent floors 22
Spare tompions, a lot.
*' sponge heads, a lot.
" rammer *' , '* '
" tomptoR coilara, *'
Sponge corers, 60
Ladle tompions, 25
Whiffletrees; 38
Gunner's quadrant; ..- ,.. I
Spy-glass, 1
Case of mathematical instruments, 1
Brass caliber compass, 1
" sot shut' gauges 1
Wooden port-fire moulds, 1
" shot gauges, : 10
Copper syringe,.. i
Poi t-fire formers, 9
Cartridge '* 19
Pilling tables, 1
Tinder boxes, 1
Parts of sets of Armorei^s tools, 2
Lathe wheels 1
Emery " 3
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No. 98^ 4S
SiDith's bellows, 9
Small TJaei, » S
Anvils, 1
Musket scraper, .,... 1
Boxes of guD-worma, 1
•' Bcrew-diivers, 1
Smith's tODgi, ....*.. 1
Sets of bullet moulds, 1
Small " ', W
Filing boxes, l«
Fieeea of port-fire^ JO
Cnls of slow-match, ..■>>t SO
Port-fire forms, • .**• StO
Brands, .* 1
Cannon searcher,... ... 1
Iron crowbars, |
Gins, ..? **'<« . - 1
" condemned 4
Jacks, 1
Tackle blocks, * 4
" falls... 4
Wheelbarrow, ..•.....«,... i
Iron truck carriage^ ..«»*' 1
Wooden " • '...,., I
Old wall candlesticks...... J.. m
Steelyards, .]
Wads, a lot
Brace and bitts...... ,.... T
Drawing Itnives, ..,..^.. I
Hatchets, .... 1. ..^ ,., t
Cross cut saws, S
Hand " «
Axes,..** F*.*« 1
Broad axes, ■,*...-, ..^ 1
Augurs ..*r**.t.. *»■*>:• 10
Hammers^ ».• 1
Oil itone 1
Glue pot, ..*.. 1
Wrenches, ,...«.. B
Sledgehammers, •*.«»* ]
Adze,.. ,^. *.*„..,.,.,«. 8
Square, •■*.* 1
ShaTing horsesj #.*^ 9
Wlieelwrighf s iron vises, 3*
Planes, ....<*...,...». ...^ Q
GrindstCHies, 1
HaHk, a-lot.
Boards, •*
l^aiber, "
Sbeepsluos, .*..<«... 4...... .< •
AMUngJMaM^Altt
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' 44 [A«SB1I>LT
Ladaert,old, 3
Cart, now, 1
" hom, 1
** hsnwM, 1
Wagon,.. ^... ; 1
" harooss, old 1
Curry oomb aod br^, 1
Iron ifaoTolt...... i,, 3
Wooden ■coopt, 3
Dusting bnunn, ;. 6
Broomt, i ^. 6
Whitewash bnubea, ^...'. 3
Desks ;.; ; .■ 3
Writingtables,^ ; 1
Office dtairs, 0
Coal pansi ..t...i..,j..,.,,,,; , ;., 1
** scttttlet,i.:.ii «.-. i
Pokers, ;;,,.; .; 8
Arsenal bell, i : ; 1
Btovei and grates, .,.....,..»..,. >
SkoTols aiMtoiigs, t 3
Oil oan, , ;; 1
Watering pots, .i..;....^:....;.; ;...:.. 3
Woodsaws^ ; .* 3
Locks. 5
Stone jugs,...;. 1
Tin IsDthomet, 3
Old thill shafts,..^ 36
" firabaeheta,.,,.; 4
Rakes, 3
Hoes, ;.. .: 3
8toT« fender, *. ,.; ; I
Tio oartrMga diests, ; t
Sperm ml, gallons, about 35
Neafa fool oil, half a barrel.
Harness TaniiBli, . *'
Tar, »
Iron tmok wheels, * 26
Tambri) tops, 40
Shackle cttffi,...., 73
„ ",. '»'». « ;....,.. 17
.Boarduig axes, 19
Mnsket stamps, S. N. Y., 3
SSpoonden, ,.„ 3t68
84 « i.. •
JJ ;; ..; 667
" *' 386
■ '; ^ 1646
< SO
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Spooaden,.,...... ....^«...... l«n
s " » ao
ftO inch ihellt, ..,.......».-.. »..,.. MT
8 " - IIT
8 iaeh howiUeri^elli, ...-....-. •...-..,-...■.. 7S
Tn 4ke Xagaxtut, ^ew-Tork hJand.
fixed ^Jiumumtion,
« boxes eaoistm- shot, • pn. roaodt, ,<. ..,,-.. 174
I 6 ■* twwppei « « ** , , .„, jgj
1 ** cuiater '" 4 ** •....-......«,-....■.., IS
I I " atru^d " '" " - „■.... IS
14 *- ctauter ** S ^ ,...- ..i ,..., gat
30 " ttnpped " " " ,...,....-.«, .^..,. S96
14 ** e«nMt«r " • ** ^..,^..., ..,^ 144
11 « fltfippsd ^ " " .,.,..... „-,. lOS
»0 " cwiiflter "IS ^ , IN.
t$ *• ttrapped " « ** , ,„ 18S
I 135 boxes. ir<nd rowids, v 1497
4 boxes-catri4ges,oB«oQ<l, IS pn,rouadsy.. ....... '..... 4B
5 " caoister, not-fixed, > " ■,..■,■,-.-..,.,., M
I tSfbexesomketcutridges, 18tolb.ieoeeach,.,.-...., SHWOO
8 " « 18 " '* 800tt
S9 " " 40 " -^ ftgooo
SS " pistol ** MOau^ ; ISSOO
8M boxes. ' TatMlnatiMt..
Stores.
IB boxes of canister, 18prs.T0«nds, .................... IM
I " « » « , 14
18 " nnuket bidU.
7 " buckshot.
shot.
canister, S prs. roands,. .
Boxes of fuiei for sfaelu, .
" tubes for cannon, (worthless,) •
Kegs of mealed powder,
Port-fire moulds, brau,..-..
'* drifU, .....>
Copper measures, >.
** . fuBnels 1
" eoopeyt tools,
*' dredging box,.... ,
Powder sieves,
Tin scmles, idd,
[Aswm. No. 38.] 9
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49 [A*«mst,l
Setsof stnaU wsighte,
Wooden scoops rr
DiMtiog bruibes, ,... .r.. .... ............
Pairs of mocoasiat, ...... .... ..>.....
Unfilled canisters for ISprs......
Paper bags for cartridges, a lot.
Quarter 'casks of powder, tlSI
At the Artenal nt the city ofAB>any. Fraiicia Costigan, Keeper.
Field Ordnance.
Iron 9 pounders, mountsd,
•■ 6 " " *
Brasae " " oM, ..;. '■
** powder pFoof,....
ih the fMteetion of A-tiUery Companiet, Mouud at thelA-eenoL
Brass 6 pounders, moiuited ,... 4
Ordnance Storet.
Travelling forget, 1
Tumbrils, \
Caissons, .- t
Muskets, in order, SI84I
Common rifles ^...,.......... ISlt '
Repeating rUles, I
Cartridge boxes, 348S
belts, 81M
Bay<HMt scabbards 1949
Gan tHngs, 419
Canteens, a lot.
Old artillery carriages, a loL
Harness for train, sets, 9 ;
Old arltllery harness, a lot.
CAA and broken camp kettles, a lot.
Tent poles, a lot.
Begimental colors, , I
Pairs of color tassels 87
Standard sockets, $jt
Bugles, '. 31
Fifes, 10
Suare dmms, 54
Drum sltfigs, 139
Boxes of drum-sticks, 1
Barrels of soup basins, 3
Budge barrels, 4
Rammers aod sponges, old and new, 79
Ladles, " 59
Worms, '* 4S
Trailstans, " S3
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No, M.] <t
ProloDBVt, 00
Seta ofdrag-ropei, ^ 7
Bricoles, old and new, 408
Liostockfl, *' 67
Fort-fire stocks, " ..>.• 88
Sponge bucliets, '. S$
Lead aprons and straps, old and new, ....'..........,.,. 49
Tompions and collars, " 46
Implement straps,.... .■•>.. ' , SO
Leather haversacks, old and new 11 L
** tube boxes, with straps, 64
Powder-horns, old and new, .; 44
Gunner's belts, ** 46
Smalt vises, ,' , 6
Musket scraper, *. 1.
Boxes of gua-wortns, 1
" screw-drivers, • 1
Sets of brass bullet moulds,.... 16
Small " a lot.
Sets of miners rods, , 1
Cannon searcher, 1
Iron crowbars, S
Jackscrew, 1
Tackle blocks, 1
" fall I
Musket stamps, S. N. Y., , 1
Laroe iron vise, 1
Smul timber, a lot
Red cedar posts, "
Old slate, "
Old iron, "
Sheepskins, ^ 1
Old drum shells, 4
" heads, 48
Bass " 8»
Drum cords 9
Old burnt arms, a lot.
Packing boxes, a lot.
Old common blankets, 8
Ladders, 1
Desks 1
Wrench, 1
Hand brushes, 3
Brooms, 2
Percussion stock locks, I
" lock caps, IS
" cannon locks, 4
Wall tents, 8
Mallets, 6
Tent pin bags, *. 8
" a lot
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m tAaaamwuv
CEimp fltoob^ r.. >-.. .-^■,; *.».. .— . ...... 9
Vort-fir«caNirOldudDewr .^ .r.»*«..> .*..,... 78>
Mound Sh»C.
Tor ISpOBbcfen^.... » ^^ ».^ ^... 467
» " , 740
« •* - Be*
4 •• 126tt
s " iwa
Boiei of gtape ihot...... ^. „,. B
" AuHetbills^ ^^., *.r... I
( "^ b«ck thot „*r ,. &
7oundf ** ,.......r .•....*. ScirU
^zes ofnaiketflbitt, ^....*^.,. 1
Jh the Mc^azate at ^JlMny.
B bosM canister Hhet^ 8pr. regn^,.*..*. .*..» »....>.. S9
S " ttrapped " " r >... 70
0(7 ** fixed muaket csrtndges, 18 to lb, 1000 mdv ..• VHMW
» ** " " W " ** .... MMft
garter casks ol pavderr* .r.*.. 49
Lut retnni dkted Nov. 35, 1834.
■ft WkitthaS, remoMtHr tAere nmcs (Ac xof, a»d te/t m Mc eJtarge
•/ f&e &ile JbJba Reid if Cot-
Ronnd shot for IS potmden, I8S
" 9 " m
•♦ 6 « 864
Jit Phtuburgk, retttmeifu in tie p<Mts»riom of a Mr, QiUtUmd.
Oldmnakols,.. ....*.. IB
Ramrods, 0
Old tents, 5
CarlridKe boxes and.belU^ ..........*"*.... 3
Camp kettles , 9
CantecDB^ ' &0
At the Atenal at E&uiiethtotm. Asigiutu* C. Band, Keefer.
^riM tatd Stores.
Muskets, in order, I63I
" out of order, 31
Bayonets, 1383
Ramrods, 1600
Gun stocks and parts, I
Rifles, ,.. SO
Fairs of pistols, 28
Swords, &0
Cartridge boxes, 884
" belts, 884
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^ssion of Companies and Individuals,
1
■s.
■s
c
I
CO
n
3
f
1
1
1
Q
1
i
s
1
i' 15
18
4u
60
IS
40
7
73
3
78
J
20
29
73
2
20
85
25
16
s
13
12
12
16
4
22
118
112
132
132
68
3
32
6
Office,
iRCULARIUS,
a
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New- York, during the year
1
i
1
a
1
i
1
s
1
1
1
1
1
■g
1
1
'C
1
.
800
50
2000
1
2
1
20
50
I
3
1
aoo
3000i l|
CULARIUS,
Commiitanf' GmeraL
D,„.c,G0l.
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Ko. tt.] W
Bayomt icabbtrdi, .'. M9
« ..'.' '^'*^ • "8
Sword belts, S9
GuDtliBst, S60
Koipneb, j53
Canteens, 1^
Kegi of fired ■mmoDitioa, 25
Reami of cartridgo paper, , jj
S pounder that, , ,.., ,..,, IS
Ola harnesi, r )ot
CTaacs of inr^cat ioilniinentt, not fall, S
Tourneqaeta, '. 0
Lioen mtihwicIh, •••.* ...«..,. 20
Irniorer*! tools, parti, ..,..,.,».,, a
3mery wheeli, .*. 1
>nntlh'i bellowi, 1
'"i»e», 1
toxes of port-fire, 2
roaa cut mw, > 1
^mcnM'hMd Mw, 1
rindowgUw, pirtof box, •..- I
b«k«, 1
umbrik, 1
■Fhe Arsenal at Malone, FranUin eouotjr, has no pn^rty la it
im uoder the eare of Francis L. Harrison, ai keeper.
^t the ^rtenal at Ru$$elL EHku Pkelpiy Keeper.
, .Srmtand Slam.
wket«, 4W
nsrods* 4M
/oneC*. ••••■•■• 48«
tridge boxi^hh-- 18
fon^t ■cabbard belts, , IS
uoxcB fixed ammunitton, 1 000 rounds each, 19000
tcff a. box of window glan, 1
jgg /A« jSr$eitat at Watertomu Ja$an 'Ptarbanh, Keeper.
■£rwu and Sftares.
k»tM, ' '"
in order, ' IT7D
oot >■> order,
1826
muritct* and pieces,.,
'^'''^^d: ::::::::::::"::" :::::::z:::: si
^^ seabb«nl>, 1«48
H« ^ belts, 1648
^g»* ' *"
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KnapMck-. ...; ••. S»*
Canteons 57
Boxes of fixed anununilioo, 8
Keg« " " •...: " •. I
Reams of cartridge paper • 31
Bound shot for 9 poandcrs, •••• 427
Incomplete sets of harness, 3 ■
Linstocks, ■• •••» ...*.... 1
Port-fire stocks, 1
Grindstone • 1
Old drum shells, 3
Purs of snow shoes , f
The Arsenal at Onondaga has no public property in it. It it
ander the car* of Mr. George Hall.
7%e ,Snenal €a Canandaigua. Holloaay Hayward, Kuper. I
Ordnanct Store*.
Iron 34 poander cannoD,
Trarelltng carria^s for do. complete,
0 pounder round shot, •■ ••>••••• •*
S " " .^
Walltenii,
Old "
Tent poles, a lot.
" pins, ." (
*' pin bags, "
Mallets.
Rammers and sponges,
Ladles,
Worms,
Trail staves, .> >
Sets of drag-ropes,
Linstock,
Porl-firo stocks,
Tar buckets, ^
Lead apron and straps, i |
Tompions and collars
Haversacks, ^
Tin tube boxes,
Powder-horns,
Tube box straps
Gunner's belts,.... ...•
Tarpawlings, ..•>
Old tin, a lot.
Packing boxes, a lot
£i tk* A-uual at Batmia. A*. FoOea, £itqwr.
•Srmi^ Slort$.
Uuakets, in order,
" out of order,
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No. «8.] II
Bayonets, 1460
Ramrodi, .....' J435
Old muskfit biirrelB, ; IPO
Gun stocks 35
Cartridge boxes, '. .'. 1 X38
Bayonet scabbards, 234
" bells, 183
Gun slings, 130
Boxes of fixed musket cartridges, ,... 4
Rounds of fixed canister for 13 pounders, 170
Harness for train, sets, 6
Driver's saddles 1
Camp kettles, 303
Tent poles, a lot
Iron pots, S
Emery wheel, ; 1
Bars of lead, 4
Pounds '* ». 60
Musket scraper, 1
TackJe blocks 1
" falls, ;.... 1
Drawiog-knife '.... 1
Axes, >.-.. 9
Saddler's horse, 1
Barrels of old locks and parts, 1
Oil kegs, a
Old cartridge boxes, a lot
Packing boxes, 10
Oil can, 1
£t jMssesiion of A^tUlery Companies^
Iron 9 pooodert, mounted, 4
6 " " 79
Brass 9 " " 3
6 " " 95
Field artillery carriages, 340
Seta of implemoatfl.
" equipments.
Wagons for ammunitiOD, 1
Tumbrils,
Caissons.
Musketa with bayonets, Ill
Rifles, „ 7
Bayonet belts and scabbards, 1S3
Cartridge boxes and belts, 133
Pairs of horsemen's pistols, 33
ArtillerT swords, IIS
Sword belts, 69
DigtizecDy Google
» [AMMObT
Tuptwiiogi for eaanoo, 8S
Drumt, 1
Pifei, 8
RiOe bullet mooldi, %
Commoo iafaDlry tfloti, 20
Wall tenti, with polei, pina, Ac, , A
STATE OF NEW-YORK— Coini»*AKT-GBHeBAi.*« OrnoB, >
.WVw-F«dt, Decemba- H. 1684. (
HENRY ARCULARIUS,
OnunMory-CFflMrai.
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Mo. 98.]
INDEX TO THE TABLES.
Genfttal remorlu.
A. Ganeral return.
B. Recapilulation of Ordoance and Stor«f.
C. Return io detail of property in the several Arwnalt.
D. Return of Small Anna, kc of old isiuei.
E. StatenMDt of OrdnaDce Stores received in 18S4.
F. Statement of Ammunition issued to Artillery Compaoiei for
|H«clice, in 18S4.
G. Reporta from Commandants of Artillery Companies, 1SS4
H. StateoMOt of Ordnance Stores, lie. issued in 1884.
[Afsem. No. 38.]
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STATE OF NEW-YORK.
No. 29.
IN ASSEMBLY,
JanuaiyS, 1835.
ANNUAL REPORT
Of George R. Tanderlip, an Inspector of Lumber in
the city of Albuiy.
TO THE LEGISLATDRE OP THE STATE OF NEW-
YORK.
Georgt B. Vauderlip, one of the inspecton of lumber for the
city end county of Albany, respectfully report* the undenigneil
to be the quantity and quality of lumber measured and inspected
for the year 18S4.
Feet. fvrM. Falw.
6r7,S86 pine lumber, 1st, 9d It ad qualities, at m dVI' «>
I,SM,8»7 ■■ 4thquality 10 38,313 (W
3S,496 old hickory 34 508 68
71.603 chair plank, 10 3,148 00
81,701 black walnut, 36 793 63
387,080 -white wood 16 4,806 46
87,606 oak 9« 760 10
83,838 ash, 16 1,388 84
88,461 maph) 11 978 07
78.604 cherry, 38 1,70168
3.837,466 868,468 68
F^ss,.. 8884.83.
GEORGE R. VANDERUP, iiupscler.
[A«eem. No. 39.] I
DigmzecDy Google
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STATE OF NEW-YORK.
No. 30.
IN ASSEMBLY,
January 8, 1835.
ANNUAL REPORT
Of Isaac P. Hand» an Inspector of Lumber in the ci.
ty of Albany.
To the Lt^islature of tlu StaU of Jf em-York:
In compliance with an act of this State, reguliUng tha inapec-
tion of lumber, the subscriber, an inspector of lumber for the city
and county of Albany, respectfully submits the following annual
statement of quantity and quality, leather with the average pri-
ces sold at, the same ending Slst December, 18S4.
184,309 feet 1 at quality pine boards and plank, at 980 per M.
244,647 " ad " *' " . 20 "
230,7»a " 8d " " " . 16 "
1,863,303 " 4th " " *' . 10 «
28,102 ** 1st " white wood chair pnk*. 86 "
47,688 " 2d " " " . 94 "
278,066 " whitewood boards, 12 "
2,690 " bass wood plank, 20 "
90,211 " raaple boards, plank and joist,.... 18 "
24,656 " oak boards and plank, 16 "
47,957 " cherry boards and plank,.... 24 *'
41,783 " ash boards and plank, 13 "
90,094 '* bass wood boards 9 '*
041,280 ** pine box boards, 9 "
88,165 " beamtimber, : 9 "
Fees,.. 41,172.68.
Respectfully your ob't. aerrant,
ISAAC P. HAND, buptcter.
AOxtny, Janitary 1, 1886.
^AMem. No. 80.] 1
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STATE OF NEW-YOMC.
No. 38,
IN ASSEMBLY,
January 14, 1835.
REPORT
Of the aelect committee on the petition (^ Isaac
Crabb, for an act authorizing mm to change his
Hr. Ogden, from the wlect committu to which was rafflrred
the petitioD of Isaac Crabb of the town of Phelpi, in the couatj
of Ontario, for the pasaage of an act authorizing him to changa
his name from that of Isaac Crabb to Iiaac Harriwn,
REPORTED:
The petitioner alleges, that several of his relatives have had
their names changed by acts of the Legislature of this State,
frofn Crabb4o Harrison: That there are unpleasant associations
and prejudices attached to the name of Crabb, ffblch he now
bears: That it gives an advantage to the malicious tongue of an
enemy, and often serves to lessen the happiness of its possessor.
A certificate of many respectable gentlemen accompanying the
petition, sets forth, that Mr. Crabb has been for some time past a
resident of the town of Phelps, in the county of Ontario, has sus-
tained a good moral character since their acquaintance with him,
and that be is a tingle mm.
Your committee, on examination, find two several acts passed
by former legislatures, authorizing different individuals of the
Crabb family to change their name, to wit: An act passed April
1st, 1834, authorizing Sidney Crabb to take upon himself the sur-
[Assem. No. 82.] 1
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Z f Amimkblv
WttBM of Hanitoa,- tad »a Mt panod M»«h fift, 1M7, aathpriring
Hiram Crabb to assume, the name of Hiram Harrison.
And deemug it proper that meMben of the same family should
be permitted to bear the same name, and for other reasons set forth
in Ihe prayer of the petitioner, as herein stated: And it being al-
so intimated to your committee that the refusal on the part of the
Legtslaturo to grant the pnyer ef the petiti<H)er, may seriously
affect him in a very delicate and interesting relation in Ufe, and
possibly blast tb« cooawnnation of his hopes of earthly bliss.
They are moved to the conolusion that the prayer of the peti-
tioner ought to be gruted, and ha*« ps^ptrad a bilt for tliat por^
pose which they beg leave to present
All of whidt Is respectfully submitted.
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STATE OF NEW- YORK.
No. 33.
IN ASSEMBLY,
January 14, 1835.
REPORT
Of the Ctnnptroller on the petition of the supervisors
of Herkimer county* rehitive to a loan from the
School Fund.
TO THE ASSEMBLY.
Tbe Cmnptroller, to whom wis referred, by the Anembly, a
petition from tiie board of superrisora of tbe county of Hei^mer,
and a bill for loaning money to said county, from the Common
School Fund, regpectfuUy presents the following
REPORT:
The petition of the board of supervison represents, that the
mini appropriated by the several acts of the Legislature, in 1BS8
and 1884, are inadequate to pay the expenses of erecting the court-
bonse and jail in said county: and the prayer ofthe petition is, that a
farther loan, of two thonsand and fifty dollars be authorized, which
mm is to be repaid* by levying a tax upon the inhabitants of the
county. Tbe bill provides for the repayment of this loan, in two
eqaal annual payments, from the first day of March, 1838.
There is money io the treasury, belonging to the capital of the
School Fnnd, and, in the opinion of the Ccnaptroller, a better in-
-veatment of it could not be made, for the lecurity and advantage
of tbe School Fund, than the loan in question.
Respectfully submitted.
A. C. FLAGG.
(Am«b. No. 88.] 1
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STATE OF NEW-Y(mK.
IN ASSEMBLY,
January 14, IS35,
Pm'ITION
Of John Preston and oAens rctstive to m unproved
manner of teaching schools.
Tthtie AinwroMe tie L^lalure of the SUte «/ JV«i9- Fori:
TIm memorial and petition of Sunuel Steele, WiHiam A. Tw«ed
Dale, Chariea Smith and others of the city and county of Albli-
ny, in reference to the modes of teaching in eemmoB schoob,
RxaPBCTFDLLT ShOWETB^
1, That aa to the mode of teadiing, we beg leave to reoMK
mend <be monitorial plan; and adTise to haTe it georai^jr intrg;-
duced through.the. State. The advantages arising fi-om this plan
appear to yoar memoriftlists to be of high importance and worthy
of being obtained. We are certain that three valuable objects
may thereby be produced, viz: an expeditions mode of acquiring
the nidimeota] parts of education; a saving of time; and, coDse-
•qnently, a saving of money in the pursuit.
3. Permit your memorialists to prescribe a mode of operation
when teaching the knowledge of the alphabet and the rudiments.
Id the Srst place, furnish every child with a slate and pencil; then
let a class of children be shown the picture of an animal or some-
(lung faniitiar and interesting, the name of which they may be
tat^t to spefl by writing it in sand or on a slate; and, having
4x>oe M repeatedly, the class should be taught to read the names
witboat seeing the pictures. Let the pictures be only such, in the
(Senate No. S4.] 1
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9 lAmWKMMLT
pmral oue, or iutanea, u are nuned with a monotylUble; nieb
M man, ox, pig, dog, cat, cap,, &c. ftc>
8. If adioohi in country towni cannot be mpplied wiA fuetnre-
bookl, let a child be taught mechimically; that it, let a mcHiitor
teach the learner how to mark the shape of the lellen on lomt
kind of mrface, such as ■ Uack bovd- c«Ter«d with white tand^
on thii they may mark with a finger, a quill, or a atkk^ and inu*
tate ft copy autpended before their leati.
4. Permit your memorialista to deacribe thia mode in teachings
for your honorable body to- take into- comideration : We would be-
gin with tho large letten of the Roman alphabet which can be
moit easily formed, auch aa I, H, L, &c.; then progreM from theie
of direct lines and right angles, to those of acute angles; then to
those of ■ dreular formation;, and when a koowle^e of then
■hall be obtainedt we woold teach how to form the small lettera
and the italic alphabet, or written characters.
6. These italic or written characters we use in writTng words of
two, three, or more letters on a slate under the inspection (tf a
monitor.
t. We aiv well cooTinced that every pnpil ought to write liii
or her lesson on a slate, or on paper, before the time of reciu-
tioD. Thia mechanical performance £iea ideaa in tba mind more
permanently, or in a manner mon laating than can be obtained bj
the common mode of teaching.
7. We feel ouraelves under an incambent duty to urge the mem-
bers of every school district to comply with these iuggestioui-
We also pray- your honorable body to pass a law for an encourage-
ment of the same.
8. If a child of five years old attend school several months with-
out learning the alphabet, it is a sign of poor economy; we hum-
bly conceive that something ought to be done to remedy this lou
of time.
9. The common mode of teaching a cbiM the names of the ]e^
ters four times a day, or even six times, is not a sufficient portii»i
of teaching whereby we can pronounce that mode justifiable.
Therefore your memorialists and petitioners pray for some amend*
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No. M.] 8
meat, or some •Iteration, ei your wiidom tn&y direct, to reoder
equal jutUce to small children whea comotencing ttieir edacttion.
10. Yoar petttiooera beg leave to remark further: By experi-
ence we find that another amendment in teaching, among the lar-
ger scholars, is necessary in order to render equal justice; tbatia:
We find arithmetical classics and grammar classes requiring an
unequal attenlioa of the teacher, whereby the small children do
not receive ^eir just share of tuition; and to remedy this evil,
your petitioners ask leave to advise that classes in arithmetic have
books that will enable the scholars who have a small degree of
knowledge in figures, to teach new beginners in that science; for
we find that this measure relieves the teacher, so that all the school
can receive nearly equal attention.
11. As to parsing grammar and teaching the intricate rules in
arithmetic, we beg leave to say, in our opinion, they ought to be
separate from day schools in country towns, especially in the win-
ter season. We ask liberty to suggest to your honorable body,
that evening schools might be instituted for these branches of edu-
cation; and, if a number of young people wish to become profi-
cient in grammar, let them omployan it Inerant teacher, and obtain
a thorough knowledge in that science.
13. If your honorable body permit, let us remark that the teach-
ing of grammar, geography, penmanship, reading and arithmetic,
all in one short winter's day, creates a preposterous jargon, and
fmstrales the benign intention when forming the instttntion.
18. If the patience of your honond>le body permit, suffer ai to
mention one thing more: The writingbenches and desks in school-
houses are universally too slanting; they ought to be nearly or
quite level, for the better ctmvenience of students.
14. However trifling these suggestions may appear, your peti-
tioners pray your honorable body to place a snpervisional power
in the Superintendent of Common Schools, whereby he may law-
fully make, amend, order and enforce rules and regulations for the
advancement and improvement of common school education. And
in duty bound will ever pray.
January 10, 1S3&.
Charles Smith, H. S. Van Ingen,
Samuel Steele, Abm. Sickels,
W. A. Tweed Dale, Albert Gallup.
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[Aaii
Edward Small, F. HnBohnjr,
Jaowi W. BUokflU, BuumI Brounlea,
Naham P. Monroe, Spencer Stafford,
Henry Mone, Ab. Van Veohtea,
John Cbrittie, E. Corning,
Harm's V. Huyser, John Wo^worth,
John Preston, Jonathan Eighta,
John Butterfield, John Townnnd,
C. A. De PorMt, John S. WaJah,
B. Fonyth, Chas. E. Dodley,
Jaton Rodea, AuguituB Jamei.
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STATE OF NEW-YORK.
No. 35.
IN ASSEMBLY,
January 9) 1835.
ANNUAL REPORT
^f Robert Christie, Inspector of lumber in the city of
Troy.
TO THE LEGISLATURE OP THE STATE OF NEW-
YORK.
A retort of the unount of lamber mflamred and irupected "hy
me from April 34th, to December 10th, 1884.
741,720 feet pine boards, face measure, ..> #6,6*75 46
38,091 " pine pluik, board vneaaure 307 8U
10,896 " pine boards and plank, first quality,. .. STB 98
43,842 " '* <t second quality, 618 991
64,283 " " " third " 618 81
75,468 " " " fourth " 764 M
118,078 " ash plank and boards, nerchantaUe}.. 1,800 161
8,696 " " ■*' first quality^.... 177 90
16,874 *' " *' second quality,.. 184 461
103,163 " thin white wood, merchantable....... 3,406 101
18,076 ^ Ihitiwhite wood plank, first quality,. 808 41)
38,866 " " " aecond *' 388 66
38,837 " white wood chair plank, face measure,
31,610 " added to make board meafure, first
quality,. 864 81
38,383 " white wood chair plank, face measure,
17,434 " added to m^e board measure, second
quality, 464 64
Carried forward.... •
[Assem. No. 86.] 1
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Brought forward,.... •
SX,0S9 fiMt cherry plank and boardifOwrchaDtabler Mil &T
I8,18» " black walnnt bmrda and ptaok^ 128 S7(
4,1S9 ** bawwood boards, fint quality,.... ... 4136
>8,8W " " secoad quality , 99 30
34,61fr ** impfe fcaattfof, fint quality S44 61
IlfOn ** <* Mcoad quaiityr 107 021
15,718 " '* merchantable,. 188 611
4,5S9 *• mkfta^tmknihomri*, fO 46
8,573 ** hemlock timber, fint and aecond qnali-
ty, 60 U
4Sir " hemlock boards, 8 60
8,804 ** ipruca timber, 36 04
4,624 " oak timber, cubic measurer' ......... 786 08
176 ** piM timber, ** 98 H
10,785 ** oak plaokr first and aecOBd qoaKty, ... 314 70
3,B0t "- oak scantling, first and second quaKty, 47 83
1,516 ** Butternut phok and boards, . I« OSf
>3,990 *^ pine flooring ttmbefr > 358 80
t,6e0,702 nd,579 OS
ReceWed feea'for inapeclioar •488.871.
ROBERT CHRISTIE,
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STATE OF NEW-YORK.
No. 36.
IN ASSEMBLY,
January 14» 1839.
ANNUAL REPORT
Of Francv Peekwell, In^pector-Geneml of IMavM
and Heading in ih^ fity of Nev-Tork.
Jk iJu JOomoMbU tkt L^laiure of tht State ^JfhihToi^ te S^
note m»d .iSMtegUtly eo^vtmtd.
Annual raport of the Siupector-G«nend vX iUtm jmmI b«icliaf
for tbfl city ud coantf of New- York, ttatiug the nuvbor of itavev
and hemdmg cnllsd in the city apd county ef New^YeilE, from the
fint <ay of January, 1884, to ^e first iky of Jawvy, 1835; 4»-
geftar with ^le arer^;e price an4 the probable Talue tberei^ tad
the faat and «Boliinianta ha derive* frov his officf: made in paE>
ntBWB and in *ooor<l«niw vith Matutea i* laeh caaea made wd
I»wided.
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STATE OF NEW-YORK.
No. 37.
IN ASSEMBLY,
January 15, 1835.
REPORT
Of tike committee on grierancei, on the petition of
Jftcob I. Timmerman, for relief.
Mr. Adanw, from the oommittee on grieTtnem, to wUeh vu
referred the petition of Jacob I. Timmermtn, for the puMge cf a
law enabUng him to obtain fiill and adequate relief from an incum-
brance upon a lot of land eold by miatake for quit rent,
REPORTED:
That your committee haTe had under eoniideration the matten
embraced in the said petition, and hare examined all the factt con*
nected therewith; and have also examined the report of a coo-
' mittee of the lait Houee of Anembly, which had the charge of thia
matter; which report your committee are eatiiBed, upon a full
examination of the tubjeet, contains a correct and just statement of
all the facts connected with the prayer of the said petitioner; for
which said report, see Assembly Documents of 1884, No. 138, and
npMi which report a bill then passed the Home of Assembly.
Yomr committee are therefore satisfied that the relief sought for
it doe to the petitioner, and have aoeordingly directed their chair-
man to ask leaTe to introduce a bill.
lAssen No. IT.]
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STATE OF NEW-YORK.
No. 38.
m ASSEMBLY,
January 16, 1835.
REPORT
Of the select ccunmittee on the bill authoruiiig Wil-
liam Woods to erect a dam across the Ganisteo riTer.
BCr. Healy, from the lelect committee to whom wu nfenvd th*
bill aathoriiiDg William Woods to erect a dam aerow tba Cania-
REPORTED:
That from the peraonal knowledge of «w of your committee,
tbey are of the opinion that the constnictioD and keeping in re-
pair of. dams across the Caneiteo river are necessary for the pur-
pose of carrying on the ordinary lambering operations on that ri-
ver. Your committee have also ascertained, that daring times of
kigk water the Canisteo is used for the purpose of transporting
lumber in rafts, arks and other craft Your committee, therefore,
ae« no ol^tion to authorising the constnicti<Hi of the dam named
in said bill, provided it shall not in any manner or under any dr-
ctunstanoes interfere with the rights of tbe public in navigating the
stream.
[Asaem. No. S«.]
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STATE OF NEW-YOKK.
No. ^,
IN ASSEMBLY,
January 16, 1S35.
REPORT
Of Ae c(»iiimttee on privileges and electioiu, on the
petition of sundry inhabitents of the town of Lan-
sing, in the county of Tompkins.
lb. Wileoxfoo, from the cotDmittee on priTilegei and cl«ctimM,
to which VM Toferrod the petitioa of taairy infaabituti of th«
town of LanuDg, in the cotmtjr of Tompkim, for a iptcial law
•othoriniig a apecial towiMneeting, fin- the •laotioD of « juUe* of
the peace to fill a racancy,
REPORTED;
The pefitioneri reprewot that a vacancy has occurred in the
office of juitice of the peace in the town of Laniing, by the death
of one of iti incumbents, and pray, for the reasons auigned in said
petition, for a special set for the holding of a special town-meet-
ing to supply soeh vacancy.
The first amendment to the Constitntion directs that the pet^Ie
of this State, in their sereral towns, shall, at their aonaal elec-
tion, and in such manner as the Legislature shall direct, elect by
ballot their justices of the peace: that when so elected in any town
they shall meet together, and in the pr^once of the officers named
in aaid amendment, be divided by lot into four classes, of one in
each class, and be numbered one, two, three and four; and that
the offiee number one shall expire at the expiration of the first
year, number two at the expiration of tlie second, number three
at the expiration of the third, and number four at the expiration
[Assembly No. 99.] 1
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• [An
of tbe fourth yetr, in order that one jaitice ma^ thenafler be ao'
Bually elected.
Th» mnendmeDt of tlie CbnititutioD m«ic« no prarUioii for the
filling of any racuicies which m&y occur dnring the term for which
aoj justice wts elected. Hence the qiieittoa meiy arise whether
tiie LegJBlature poness tht legitimftte vid eomtitatioMil power of
aathonrii^ thff Rppoitotmeot in any manDer, or tha election of jus-
tices to fill vacancies which exist in the onexpued term of any jus-
tice who haa haen deoted, and whose office has beeome vacant T
It will be perceived, by referrmg to the several act* which have
been passed by the Lqjiahiuw ragelating- itn manner of ehoesing'
these officers, a provision for supplying afl vacancies listing prior
to any annual town-meeting at aoch annnal town-meeting. It fol-
lows condusively, therefore, that if the Legistaturo do not possess
dur power, that ril the bwawhoch have been passed opoa this
lobiMt tre OBOomtitUtidaal and void;^ that the acts of the offieers
acting under these appcHBtmenta are tdao rmd, and tfaey ^eaaelves
trespassers. Your ccHnmittee, bowererr are of opinion that the
Legialatkr* may prsseribe any mode for the ^pmntaient or eleo-
lim (f jottiQaa to fifl vaeanciea which aiay seen- in the office of
aay^ one dnring the term for which he- waa elected. Yoor ooin-
Baittefe lefer to this sabject in consequence of having it saggestcd
to them by a namber of the members ot tfaia House, since lbs
above mentioned petition was referred to them^ that it involved a
eonititottoaal question. If there BhoaM be any doubts in the
ninds of any, of the correctness of the conclusion to which your
committee hove arrived, year committee would beg leave to refer
them to the report cf the Attomey-Ganer^ made in answer to a
resolotion adopted by the Asaembly in the year tSSS^ presenting
this very question. Vide Assembly DoeafaentB of XWX, veL 4tb,
No. SOO.
PrevioDS to the p«ssage of a law in 1833, which will be found in
the Session Laws of that year, page SOS, it woald oftea occor,
Awing to the principle of clarifying idl the justices who might be
elected at an annual town meeting; that the person re-elected
wootd draw for the iriiorteBt term. This law waa passed with •
viaw to correct this evil, and also to en^e the electors to deter-
mine by their votes which officer elected (when none was reject-
ed,) shoald hold for the longest term. Accordit^ to the present
provisions of the law, in all cases where more then two josticesare
to be elected at an annnal town nteeting, it is not in the power of
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NcM.] *
the electon to detannine which (me of their juiticea shall hold for
the longest or which for the ahorteat period of time; it muat be
determined hy lot Your committee are uoanimouily of the o[a-
oioD that thete difficoltiea may be avoided in almost every instance
by authorising die holding of special town meetings to fill racan-
des when and ai often as they oecnr. The Attorney-General, in
the report above alludftd to, remarks, " whether a person appoint-
ed or elected at a special town meeting to supply a vacancy in the
office of justice of the peace should be authorized to hold for the
whole of the aoexpired term, or only until the next annual town
meeting, is a question of expediency." Your committee are of
opinion that it is roost expedient to authorize an election for the
whole of the unexpired term. It wilt at all times enable the voters
of the town, if they proceed immediately to fill the vacancy as it
occurs, to select the individual whom they are most desirous should
fill the vacancy. It will also do away the necessity of classifying
or making the designations in the ballot now required by law. It is
believed that the towns will generally supply the vacancies at once,
and as they occur, and the case will therefore seldom if ever hap-
pen when more than one justice is to be elected at an annual town
meeting, and thus the electors in the exercise of Uieir right of suf-
frage, will be brought back to the strict letter of the Constitution,
as prescribed in the amendment thereof.
Your committee would further beg leave to remark, that the
office of justice of the peace is justly regarded by community as
one most important; that the number of justices authorized to be
elected is not greater than the wants and convenience of the peo-
ple require, and that it is very desirable therefore, that the office
should not be vacant for want of competent authority to fill it.
With reference to the particular application referred to your
committee, it does not appear in the petition or otherwise, what ia
the length of the unexpired term of the vacancy which they pro-
pose to fill. Your conunittee are not therefore sufficiently advis-
ed of the merits of their claim; but as they have come to the con-
cluuoD to recommend the passage of a general law to supply all va-
ean<Me8 which may happen in the office of justice of the peace,
your c<Mnmittee do not deem it necessary to express an opinion
upon this particular case, satisfied if the Legislature would grant
the prayer of the petitioners upon good causes shown, that it will
make a general provision embracing the case in question, and thus
avoid constant applications for similar objects. Your committee
have therefore prepared a bill, which they ask leave to introduce.
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No. 40.
IN ASSEMBLY,
Januaiy 14, 1835.
ANNUM, REPORT
Of Jacob Lockman. an Inspector of Lumber in the
city of New- York.
TO THE UBOISLATCRK OP THE STATE OP NEW-
YORK.
RetaniB of lumber inapected and meunred, from the Irt Jann-
•ry, 1884, to the 1st Janaary, 1885, by Jacob Lockman, otM of
the inspeetora for the city and county of Nov- York.
[Aanm. No. 4a]
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STATE OF NEW- YORK.
No. 41.
IN ASSEMBLY,
January 16, 1834.
REPORT
Of the Select Committee on the petition of inhabi-
tants of the town of Qranvllle.
Mr. Hoore, from the committee to whom wu referred the pc>
titioo of sundry inhabitanta of the town of GrBDvills, praying fyr
an act to raise money to defray certain expenses in said town,
REPORTED:
That it appears to your cpmmittee, that in the month of May,
I83S, the streams and rivers in the town of Granville, in the
county of Washington, were, in consequence of long and excessive
rains, swplten much above tbeir usual height, and that by the force
of their waters and the rapidity of their currents, many of the
most expensive and costly bridges in the said town were carried
away, and others greatly injured : it further appears, that at a spe-
dal town-meeting held on the 37th day of May, 1688, a vote was
passed Authorising the commissioners of highways of the said town
to borrow the sum of one thousand five hundred dollars, and'ap-
ply it to making and repairing bridges — which sum, it appears,
vas borrowed and so applied. Your committee, in order to pre*
KQt all the facts that appear to be material in this case, and for
Ihe purpose of accounting for this late application for an act to
raise money to discharge debts contracted in 1833, do further re-
port, that a bill for this purpose passed the House of Assembly in
[Assem. No. 41.] 1
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S {AammMMLv
Ae MMiOB of 18M, tad was kft with the anfinUhed bosinen of
the hononbla the ScoBte.
Your committee hare dierefore come to tlw conclnnoa that the
prayer of the petitioDera ought to be granted, and hare inBtrocted
their chainoan to praaaat a bill accordingly.
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STATE OF NEW-YORK.
No. 42.
IN ASSEMBLY,
January 16, 1835.
COMMUNICATION
I*rom the Secretary of State, relatire to the publica-
tion of a ** proposed amendment to the Constitu-
tion," previoua to the general election of 1834.
STATE OF NEW-rORK, )
Sbcrbtaby's Ofpiob. J
^B>emy, lethjkn. 18S6.
TO THE LEGISLATURB.
The Secretary of State has the honor to report, that the duty
«D]oined oo him by the coocurreat resolutioo adopted by the Le-
gislature on the 5th of May last, relative to a proposed aniendment
to the Constitution, has been performed in the manner herein ex-
plained.
On the 1st day of July last, the following circular was addresa-
ed to the editor of one newspaper in every county in the State,
excepting the county of Putnam, in which none is printed.
« STATE OF NEW-YORK, )
" Sbc>bta»t's Opfiob. J
" Sir — You will please publish in your paper the proposed
amendment to the Constitution, hereunto annexed, for three calen-
dar months preceding the Sd day of November next The first
[AMem. No. 42.] 1
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pobTieatiMi mmf ba on fome day between the 371h JoTy aod the 3d
ef Augoil neit, and it muat be inwrted oact a week nnlil the three
month* have faily expired. Tou wiH be allowed the *wn or ten
dollarb for mriimg the pubKcation in tfn mode abore tpceified, and
your accoMt will be paid by die Comptroller on it< pretentation Ur
hiva. For the purpoae of MttUog the account, as well at to ena-
ble nn 10 report to the Legislature that the pablioation has been
regularly made, you will please send me by mail, as soon after the
election as pvaetieable, an affidsmt, setting forth the 6n« and lai(
days on which it was made, and that it was inserted once a week
during the intermediate time.
** Respectfully yoart,
« JOHN A. DII,
•* Secretary of StataJ^
** To the editor of tbv
" PROPOSED AHENDBCENT TO THE CONSTITUTION,
« STATE OF NEW-YORK.
•* H Jluemify, Mttf Ut, 18S4,
" Haohied, That the following amendment to the CoastitDtiov
of this State be proposed and referred to the Legislatnre next to be
chosen; and that the Secretary of State cause the same to be pub*
li^ed in one newspaper in each of the counties of this State, if
there be one printed therein, for three months previous to the next
annual electini, b pursuance of the prorisionsof the first section
of the eighth article of the said CoostitutioD, a majority of all tbr
members elected to the Assembly voting in favor thereof.
" ' Whenever a sufficient amount of money ahalF be collecled
and safely invested for the reimbursement of sucJi part as may then
be unpaid of the money borrowed for the construction of the Erie
and Champlain canals, the tenth section ef the seventh article of the
Constitution of this State, so far as it relates to the amount of do-
ties on the manu&cture of salt, and the amount of duties on goods
sold at auction, shall cease and determine; and thereafter the du-
ties on goods sold at auction, excepting therefrom the sum of thirty-
three thouswid five hundred dollars, otherwise appropriated by the
act of the fifteenth of April, one thousand eight hundred and ae-
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venteen, and the dutiei on tbe muiufactare of tilt, shall be ff«rtoi^
<d to tho general AuuL'
" By order,
" WM. BAKER, fi^eoier.
■" Attait, P. RBFifOLSs JiiD^ Oeri."
" 7k Senate, Ma/ &, 18S4. .
'** Retohed, That.tlie Senate do concur id the foregoing resoIu>
lion, a majority of all the membert elected to the Senate rotiog in
(aror theveeC '
■" By order,
« JOHN TRACY, frendtmt.
■" Attest, JoHK F. Bacoit, Clerk."
-' STATE OP NEW-YORK, )
*' Seobetabt's Office. ^
" I have compared the preceding with an
original concnrrent retolution of the Legiileture of thii State, and
do certify that it is a true copy thereof
** JOHN A. DIX,
" Secretary of State.
" ^Oxtny, 1st July, 1834."
On the 24th day of December ult, the affidarits of pubUcation
required in the foregoing circular not having been received, a se-
cond circular was addressed to the editors of sixteen newspapers,
from which the requisite evidence was wanting.
On the 9th instant, a third circular was addressed to the editors
ef two newspapers, from which no answers had been received.
The deficiencies are now all sup[^ied; and it appears by affida-
vits of the editors or publishers, (or the foremen in their offices) of
newspapers in the several counties, that the publication of the
amendment to the Constitution accompanying the circular above
pven, has been made once in each week in the following newspa-
pers during the time specified, viz:
Albany county, Albany Argus, from the S8th July to the 30tb
Octt^r, 1831.
Allegany county, Angelica Republican, from 18th July to 80th
October, 1884.
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Broome coaaty, BnxnM Comty Coorier, from S4tb Jaly to SOtb
October, 1884.
CattsntDgm cooDtjr, BlUeottville RepuUican, front lat Augiut
to lit NoTembtr, 1884.
Cayuj^a county, Cayuga Patriot, threemoBths, oonmeacittg SOtfi
July, 1834.
Cbautaoqoe eosnty, Fredonia Cenaor, from 23d July to 20tb
October, 1884.
Chenango county, Norwich Joomal, fourteen tnceeanve weeb
preceding the general election in November, 1884.
Clinton county, PlaltBburgb Republican, three months, cchD'
moncing the S6th July, 1834.
Cortland county, Cortland Advocate, tbrea montba, commeficiDg
24th July, 1834.
Columbia county, Hudson Gazette, from 20th July to 4th Nov.,
1834.
Delaware county, Delaware Gazette, from 80th July to fitb
Nov. 1684.
DutcheiB county, Poughkeepsie Journal, three mtmlha, eom-
mencing 80th July, 1S34.
Erie county, Bufialo Republican, from Sftth July to lit Novem-
ber, 1834.
Essex connty, Essex County Times, from 80th July to 8tb Oct.,
1834, and then in the Essex County Whig, till 20lh Oct. 1884.
Franklin county, Northern Spectator, from 17tb July to 30th
Oct. 1884.
Genesee county, Spirit of the Tiroes, from S2d July to 4th Nov.
1834.
Greene connty, Catskill Recorder, three months, commencing
8Ist July, 1634.
Herkimer county, Mohawk Courier, three nwnths previous to
5th Nov. 1834.
Jefferson county, Watertown Eagle, three months itnnediately
preceding the 8d Nov. 1884.
Kings county, Brooklyn Advocate, three DMrnths, commendi^
81st July. 1884.
Lewis county, Lewis County Republican, three months sncce^
sivoly.
Livingston county, Livingston Journal, from 30th July to 39th
Oct. 1834.
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Madiion coDOty, ChittenaDgo Herald, from 23d July to S6th
Oct. 1884.
Monroe ooonty, Rochester Repoblicas, foorteeo weeks, com-
mcDcing S9th July, 1834.
MoDtgotnery cooaty, Johnitown Herald, from S3d July to 4th
Nov. 1834.
New- York county, EreDing Post, thirteen weeks, from 28th Ju-
ly, 1834.
Niagara county, Lockport Balance, three months neit preceding
the general election in November, 1834.
Oneida county, Utica Observer, from S9th July to Sd Novem-
ber, 1834.
Onondaga county, Onondaga Standard, three months from 30th
July, 1834.
Ontario county, Ontario Meuenger, thirteen weeks, commenc-
ing 2Sd July, 1834.
Orange county, Independent Republican, from 28th July to Sd
Nov. 1834.
Orleans county, Orleans Republican, from 30th July to 20th
Oct. 1834.
Otsegb county, Freeman's Journal, from 21st July to 8d Not.
1884.
Oswego county, Oswego Palladium, three months, ctMnmondng
1st Aug. 1834.
Queens county, Long Island Farmer, fourteen weeks, commenc-
ing 80th July, 1834.
Rensselaer county, Troy Budget, three months from 38tb July,
1834.
Richmond county. Free Press, sixteen weeks, commencing 13th
July, 1834.
Rockland county, Rockland Advertiser, from 10th July to SOth
Oct. 1634.
Saratoga county, Saratoga Sentinel, three months preceding the
3d November, 1634.
St Lawrence county, St. Lawrence Republican, from 29th July
to 3d Nov. 1684.
Schenectady county, Schenectady Whig, three months, com-
mencing S9th July, 1834.
Schoharie county, Schoharie Republican, three months, com-
meocing 29th July, 1834.
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Seneo coanty, Seneo Obaerrtr, fonrtesB wotki, eoaaaenang
tOlh July, 1884.
Steuben coanty, Fanner** Advocate, from SOth July to SOth
Oct 1834.
Suffolk county, BepuUicaa Watdunao, from Sd Aag. to Sd Nov.
18S4.
Sullivan coanty, Repablican Watchman, from Slat July to Mth
Nov. 1884.
Tompkini coanty, Ithaca Joonial, frmn Mb Jnly to 6th Nov.
1834.
Tioga county, Owegn Gazette, from Ilth July to Slst October,
1884.
Ulster county, Ulster Repul^can, from SOth July to 6th Nov.
1884.
Warren county, Warren Hewenger, tht«e montht, commenein;
lit Aug. 1884.
Washington coanty, Sandy-Hill Herald, three months next pre-
ceding 1st Monday in Nov. 1834.
Wayne county, Western Argui, three months from 38d July,
1884.
Westchester county, Westchester Spy, three months, commeBc-
ing 39th Jnly, 1S34.
Yates coanty, Penn-Yan Democrat, three months bnmedi&tely
previous to 1st Nov. 1834.
The affidavits of publication are herewith transmitted.
It -will be perceived by reference to the affidavit of the publish-
er of the Lewis County Republican, that there is an error in slating
the day, on which it commenced. As the affidavit was received
at a late day, and as there was in the Secretary's office a copy of
the newspaper, showing the time when the proposed amendment
was first inserted, the affidavit was not returned for correction.
The paper referred to, is herewith transmitted, bearing date the
26lh of August, and numbered 224. By referring to the amend-
ment as published, it will be perceived that it was first inserted in
No. 220, which most have been issued on Tuesday, the 29th day
of July preceding, the paper being published on Tuesday of each
week. -
In the communication of the Secretary of State to the Senate in
1883, relative to proposed amendments to the Constitution, pub-
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No. 48.] 7
HibediDthatyetr, (aee Senate Docam«nu,188S, No. 14,) it will ap-
pear that wveral aflSdaritt of pablicatioo were wanting, and the
evidence thereof in many eaiei reated altogether upoo a copy of
the oewspapera in which the amendmeoti were inaerted.
Befpectfolly robmitted,
JOHN A. DIX,
Secrttary of State.
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STATE OP NEW-YORK.
No. 43.
IN ASSEMBLY,
January 17, 1835.
REPORT
Of the select committee on the petition of inluibU
tants of the town of Florence, in the county of
Oneida.
Mr. A. Woodworth, from the select committee to which was
referred the petition of sundry inhabitants of the town of Flo*
Fence, in the county of Oneida, praying for the pasuge of a law
anthorizing the payment of a bonoty for the killing of bean,
REPORTED:
That the town of Florence is situate on the south side of and
adjoining an extensive forest uninhabited except by beasts of prey:
That the inhabitants of said town have, for a number of years,
been greatly annoyed with bears from said forest, which have fre*
qnently killed their sheep and hogs, and committed extensive de*
predations upon their corn-fields. That at the season of the year
when these depredations are most frequent and annoying to the
inhabitants of said town, the skin and fiesh of the bear are nearly
valueless, and afford no sufficient inducements to the sportsman to
hunt and trap them. The petitioners pray for the passage of a
law authorising a tax to be levied on the real and personal proper*
ty in said town, to pay a bounty of five dollars on each bear killed
therein. Your committee consider the prayer of the petitioners
reasonable, and that the same ought to be granted, and have in'
stmcted their chairman to prepare a bill, which they now ask
leave to introduce.
[Assem. No. 48.] 1
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STATE OF NEW-YORK.
No. 44.
IN ASSEMBLY,
January 14, 1835.
ANNUAL REPORT
Of Asa Fassett, an Inapector of Lumber in the city
of Albany.
TO THE LEGISLATURE OP THE STATE OP NEW-
YORK.
The rabKriber, on? of the inspeeton of lamber of the city of
Allmny, agreeable to the requirementa of the Revised Statntea,
- leapectfuUy aubmita the following report for the year 1884.
86,670 feet oak plank and boarda, at*15 per M.... •l.SOO 00
108,160
" cherry plank and boards,. 14 "
2,854 03
a4!l,744
•' ash " " . 13 «
2,012 24
85,685
342,554
" maple joiala, ......■•••. 13 "
1,038 22
3,068 00
" whitewood boards, 11 "
12,808
" " chair plank, 25 "
834 05
59,851
" ^hemiocktimber apd " 9 "
584 16
50,388
" latqoal. pinebd'aandpl'k, SO "
1,508 6S
60,464
.. ad " " ■' 20 ■'
1,209 28
59,007
" 8d 15 "
886 46
305,856
" 4th " " " 10 "
8,058 58
887,130 .__ .. ._.
" box boarda 10 "
8,871 86
3,921 16
18,a78 cubic feet oak timber, S3 eta. per ft.
Total value, 424,578 II
Amonntof feet received,.. •81S.40.
ASA FASSETT, hupector.
jSOmuu/, Mtwary ISfA, 18S5.
[A«Min, No. 44.] 1
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STATE OF NEW-YORK.
No. 45.
IN ASSEMBLY,
January 17, 1835.
REPORT
Of the cranmittee on the petitionB of tliens, on the pe-
tion <^ Ann Hoop and others.
Hr. Fattenoa, firom the committee on the petitions of «lieiu, to
n^ch wu referred the petition of Ann Hoop, Janwi Hoop ud
William Hoop, of Punelis in the county of Jefierson,
RBFOSTED:
That the petitioner! represent that the said Ann Hoop ii the
iridow of John Hoop, deceased, and that James Hoop and Wil-
liam Hoc^ are the cbtldren of the said John Hoop.
That the petitiooera further represent that the said John Hoop
was a native of Ireland, and emigrated from there to the coonty
of Jefierson in this State; and that on the 39th day of November,
1831, the said John Hoop filed a notice of his intention to apply
for a certificate of naturalization, for himself and your petitioners
among others, in the office of the clerk of the county of Jefierson,
a certified copy of which is annexed to the petition; and that the
said John Hoop died in the month of March, 1839, without havhig
obtained a certificate of naturaliution for himself and family.
The petitioners further represent that the said John Hoop died
seiaed, by deed, of about seventy-fire acres of land, in the said
town of Pamelia; and was also in possession of about sixty-seven
aersB of land, which was under a contract of purchase; and that
the purchase money has all been paid, before and since the death
[Attem. No. 46.] 1
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of the Mud Joho Hoop, except on about twenty-fire aercf, wbick
tt Bot yet due.
The petitioners further represent that the mid John Hoop, pre-
TioQi to bis death, published his last wilt and testament, vberebr
he devised all his real estate to the said Ann Hoop daring her life,
and to the said James Hoop and- William Ho<^ after the death of
the said Ann Hoop, in fee; and that it it, and always has been
the intentioa of tiM petitiMiers to become citizens of the United
States.
The petition n verified by Uie oath of Moef the petitioners,
before Fekg Burchard, ckrk of the said county of Jefferson, and
accompanied by a certificate of the said Burchard, that bs be-
lieves the statement contained in the petition to be tme.
Your committee M« therefore unanimously of the opinion, that
the prayer of the petitiooers ought to be granted, and have di-
rected their diairmaa to aak leave to iatroduoe a bilL
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STATE. OF NEW-YORK.
Wo. 46.
IN ASSEMBLY,
Janaary 14, 1835.
ANNUAL REPORT
Of R. C. Theall, an Inspector of Oil in the city of
New-York.
TO THE LEGISLATURE OP THE STATE OF NEW-
YORK.
Retunia of liver oil, commooly called cod oil, gtoged and in-
■pected for the year 1884, commencing the 1st of Januaty, 1884,
sod ending the lit dajr of January, 183&, aa follows, viz:
Number of barrels or casks, 3,247, coDtainiog 66,249 gallons;
sediment, 1,6531 gallons. Value in market, tlO.76 per barrel,
134,166.36.
Amount of my fees for inspecting 2,347 bbls. at 20 cla.,. 9449 40
Deduct expenses, 44 96
$404 46
The above is respectfully sabmitted by your ob't servant,
R. C. THEAL, bapator.
A'ate-Forft, January 9, 1836.
[Asaem. No. 48.]
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STATE OF NEW-YORK.
No. 47.
IJV ASSEMBLY,
January 17, 1835.
REPORT
Of the committee on the judiciarr^ on the petition of
Samuel W. Spencer, surrogate, of the coua^ of li-
vingBbm.
Mr. LiTingBtoii, from the committe« on the judidary, to which
waa referred the petition of Samuel W. Speocer, surrogate of the
conaty of Liviogiton,
REPORTED:
That the petition seti forth that Fliay Watnn bte of the town
of York, in aaid county, died intestate, on the rixtk dm/ of Julg
188C. That at the time oT hia deoeaae he was in possession of a
certain lot of land in said cooaty, containing about twenly-three
acres of land; and that he held a contract for said lot firoin Enodi
Weller, for which, at the time of his said deeaaae, he had folly
paid the porchase mcmey, and was entillet^ acrarding to law, to a
groMt m fee for the said lot: that on the l(t(A dag of Jvbf, 188S,
the said surr<^te granted letters of administration to Geoiige W.
Patterson of said county, upon the estate of the said Pliny Wat-
son: that the said Patterson, on the ninth day of August, 1832,
procured a grant in fee of the said lot of land from raid Weller
to Sylvester Watson, Levina Watson and Edwin Watson, chil-
dren and heirs at law of said Pliny Watson, deceased, preserving
in said grant to the said Rhoda Watson, the widow of the said
Pliny Watson, deceased, her right of dower in said lot.
[AiMm. No. 47.] 1
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3 [At
Tfaaf tli« said children of the said Pliny were then, and nov are
miaon: that taid deed waa duly acknowledged and recorded; Ihal
the said Pattenon on the eighth day of October, 1833, as auch ad-
miniatrator as aforesaid, did report to the petitioner that he had
exhsoated the peraonal property of the said PKay in the paymeot
of the debts of aaid estate, and that there were several debts itili
remaining due and Dopaid from said eatatt, anounting in (he ag-
gregate to the sam of one thousand and twenty-four dollars and
twenty-Dine ceiitl: that said report was verified by the oath of
said Patterson: that with said report a petition was presented to
said surrogate, for permission to lease, mortgage or sell the laid
lot of tandr or so much thereof as might be necessary to pay the
residue of the debts of the said intestate: that the said surrogate
granted the prayer of the said petition, and made an order re-
quiring all persons interested in the estate of said Pliny to ^ow
caotfe why authority should not be given to said Patterson, such
■dminiatrator as aforesaid, to mortg^e, lease or sell so mnch of
said lot as mi^t be necessary to liquidate the debts of the said
Pliny: that the said surrogate caused a notice of said order to be
published, in accordance with the provisions of the Revised Sta-
ttttes. That OD the said fourteenth day of November, 1833, no
cause being shown to the contrary, the said surrogate made a
further order authorising the said Patterson to sell the said lot of
land for the payment of the debts of the said intestate: that the
aaid Patterson, as tnch adminittr«tor, did sell the said lot on the
twentieth day of December, 1884, at public auction, to Peter Fish
and BbenezBr A. Cristey, for the sum of one thousand five htm-
dred and fifty dollan. That aaid, sam was a fair eompeosation for
said lot: that since said sale the petitioner has become satisfied
that he, as such surrogate as aforesaid, had not competent power
and authority to order said aaler that said Rhoda Watson is the
guardian duly ^>pointed of the said Sylvester Watson, Levins
Watson and Bdwin Watson.
The petitions, for the reasons above assigned, prays that a law
may be passed by the Le^lature confirming in all things his pro*
ceedings in the premises, and the making valid the purchase made
by the said Fish and Crissey; and if said request should be denied^
that then the said Patterson mi^t be empowered to sell so much
of the said lot as will be sufficient to pay the debts of the aaid in-
testate, and further authorizing the said Patterson, as such admi-
nistrator as aforesud, to make and execute a good and suffideDt
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No. 47.] 8
grain of said lot of land to the purchasers thareoC To which said
petition is appended the following certificate: " I admit that I have
been shown the above memorial of Samuel W. Spencer, Esq. sur-
rogate of the county of Livingston, and unite with him in asking
the passage of a law authorizing George W. Patterson to sell so
tmuch of the real estate above mentioned as may be necessary to
pay the debts of the deceased. RHODA WATSON,
" Oaardian of the said Syheiter ffalson,
Levma Watum and Bdwia Watton."
Tour cotntnittee have endeavored fully to understand the pre- '
miaes stated in the petition referred to them, and have hoard the
suggestions which could be ni^ed in favor of granting the appli-
cation.
But after mature deliberation, your committee have come to a
conclusion adverse to the prayer of the petition, and for so doing
they refer to the foregoing and following statement, and the rea-
sons which shall hereafter be stated.
Fir$t, The said Fliny Watson died intestate, on the sixth day
of July, 1888, and at the time of his death was postessed of, by
virtue of said contract, and had paid for said lot of land.
Second, On the ninth day of August, 1832, Patterson, the ad-
ministrator of said intestate, procured a grant in fee of the said
lot of land from the contractor to the heirs at law and widow of
the intestate.
The question presented is, had the said surrogate power to au-
thorize the said lot of land to be sold for the payment of the debts
of the deceased^
The Revised Statutes, page III, and from section 66 to section
75, relative to the power of surrogates to order sales of the pro-
perty of an intestate, have some application to the matter submit-
ted. It seems however, to your committee, that the supposed
difficulty may be solved, by proper comments upon the 66th sec-
tion above mentioned, and which is now quoted: "If the deceas-
ed, at the time of his death, was possessed of a contract for the
purchase of land, his interest in such land and under such 'con-
tract, may be sold on the application of his executor or adminis-
trator, or of any creditor, in the same cases and in the same man-
ner, as if he had died seised of audi land ; and the same proceed-
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4 [Amimblt
ings may be had for that purpose, as are prescribed in this title
in respect to lands of which he died leised, except as hereinafter
prorided."
It is the opinion of your ooBunlttce, wiAoat acain goiag into a
dotailed sUtement of ibe factSi or VBlngiag thereoa by way of
argontest, that the ecth section of the statute abore quoted Bait
govern the qnestion presented, as the power granted by said sec-
tion to surrogates would be ineflectnal if it did not commence iu
operation upon the estate of the said Fliny Watson at the time of
' bis decease. It seoma to your committae, that the surrogate woald
DWMt undoubtedly have posscHed the power to have ordered the
■ale of the said lot of land, if the said Weller had not, after the
death of ibe said Watson, made the said grant of said lot to ibe
widow and heirs at law of the said Fliny Watson. Could the pow-
er conferred on the surrogate by the said Mth section be divested,
by the said grant of the said Weller, to the widow and heirt at
law of the laid Watson t Our answer is, that it could not; be-
cause, at the time of the death of the said Watson, the power of
the surrogate to sell the said lot, as betweea the creditors on the
one band and the widow and beirs at law on the oAher, woe vest-
ed in the surrogate, by virtue of ^ said Mth oactioa.
The power which the petitioner admits was vested in him a>
surrogate, at the time of the death of Watson, for the benefit or
his creditors, certainly cannot be defeated by the acta of the widow
and heirs at law of the deceased. But the act done in this case,
if it has any effect, is in aid of the power conferred on the surro-
gate by the statute, and not in derivation of it.
For the reasons stated, your committee are of opinion, that Ibe
petitioner can find a remedy for his grievaoces in our courts, and
that, therefore, his prayer for legislative aid ought to be denied.
All which is respectfully submitted.
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STATE OF NEW-YORK,
No. 48.
IN ASSEMBLY,
January 17, 1835.
REPORT
Of the committee on the petitions of aliens, on the
petition of Antonio Alexander Boler.
Mr. Fattenon, from the atandiog committae oa the petitios of
alieiu, to which wu referred the petition of Antonio Alexander
Boler, an alien,
REPORTED:
The petitioner represents that he ii a native of Canton, and a
mbject of the Swiss cantons; that he is now a resident of this
State, and if desiroos of holding real estate therein.
From the statements contained in the petition, your committee are
Dot aware that the petitioner ever inten<fai to becopie a naturalized
* citizen of the United States, and it would, in the opinion of your
committee, be departing from a well estaUished and salutary rule
of legislation, to allow an alien to take and bold real estate, with-
in this State, where such alien does not manifest a desire or inten-
tion to become a citizen tbereo£
And your committee are further of opinion, that if the said Bo>
ler intends to become a citizen of the United States, that ample
proriaion is now made by the Revised Statutes to enable him, as
a rendent alien, to purchase, take and hold real estate, on his com-
plying with the provisiona contained in article second, chapter
first, of the second part of the said Revised Statutes.
[Assem No. 48.] I
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Yoar coountttae mn tberafon QDUuniofHlj cf tba opinioti, that
the prayer of tfao petitioner ought not to be granled, and h*ye di-
■eeted their ebainnan to offer for tiie oouideiatiMi of the Houee
the IbUowiag ivtolatuHi:
S»$oh)edt Thst the petitioner have Imtb to withdraw hit petJK
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STATE OF NEW- YORK.
No. 49.
IJV ASSEMBLY,
January 17, 1835.
REPORT
■Of the committee on the judiciary, on the preamble
and resolution relative to an amendment of the Con-
stitution of this State, so iar as respects the dutj on
salt and on sales at auction.
Mr. Rooeevelt, from the committee on the judiciary, to whom
was referred the preamble and reiolution submitted to the Houie
in relation to an amendment of the Constitntion of this State, to
far as respects the duty on salt and on aales at auction,
REPORTED:
That the amendment set forth in the said resolution vas propo-
sed in the Assembly at the last session of the Legislature, and hav-
ing been agreed to by a majority of the members elected to each
of the two houses, was entered on their journals, with the yeas
and nays taken thereon, and referred to the Legislature then next
to be chosen. That the said amendment, as appears by the evi-
dence in the office of the Secretary of State, was also published
for three months previous to the time of choosing the present Le-
gislatQFe. All the constitutional requirements, therefore, having
been complied with, the committee perceive no objection to the
adoption of the preamble and resolution referred to them.
[Assem. No. «9.] 1
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STATE OF NEW-YOEK.
Wo. 50.
IN ASSEMBLY,
January 14, 1835.
ANNUAL REPORT
Of Benjunin C. Capron, an Inspector of Lumber for
the city of Albany.
TO THE LEGISLATURE OF THE STATE OF NEW-
YORK.
The following ia a return of lamber mearand and inipected by
me, a< one of the inipeeton of the city of Albany.
PtrM.
3S1,666 feet white wood, average price CIS
83,231 " maple, "
718,613 " cherry, " " 18
1,096,748 " pine, "
39,8117 " hemlock,
71,134 " beach, "
43,041 " tycamora,' '*
i,380,Ha
The amount of feea, . . #713.36.
BENJAMIN C. CAPRON, hipecliir.
[.4jMni. No. 60.]
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STATE OF NEW-YOKK.
No. 51.
IN ASSEMBLY,
January 17, 1835.
REPOKT
Of the Comimssioners of the Land-Office, on the pe-
tition of Curtis Peck.
TO THE ASSEMBLY.
Th« CiKiuiusHODen of Um Luid'Office, to whom wu refarrtd
the petition of Curtis Peck, praying for perminioa to build a suitt-
ble wharf or dock, for the binding of passengen and freight from
the ttecun-boati, in which he it concerned, in the town of Rye, in-
Wettebeiter county, have Uie honor to
REPORT,
That similar grant! bare been frequently made by the Legisla-
ture, for the purpose of promoting the commercial intercourse of
the inhabitants of the State. In such cases^ however, they beliere
that the potitioaer has usually been required to show that the
grant would contribute to the public convenience. On the 16th
April, 1830, (see Laws of 1830, chapter 324,) an act was passed au-
thorizing Joslab Le Count to erect a dock in the town of New-
Rochelle, Westchester county; and by the report of the commit-
tee, (see Assembly Journal of 1830, page 288,] it appears that they
were satisfied, from the facts stated in the petition, " and from
othersonrces of information, on which the committee" placed "the
greatest conBdence, that the public would be essentially benefitted
by the conatmction of said dock." There appears to be no such
evidence accompanying the petition in this case, unless the L^is-
[Assem. No. 51.] 1
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t [A«sunx,T
latara ihould infer, from tiia number of penoni who have nniled
in the prayer of the petition, that the public convenience would
be promoted by \he grant. The pelilioDeT will, nndoabledly, have
it in hifl power to furnish direct testimony on this point, if the ob-
ject of the grant is such at is alleged.
The Commissioners of the Land-Office have power to make
grants of land under the waters of navigable rivers and lakes;
bat their authority does not extend to the waters of the Sound. —
In ail applications to them, the following documents are required:
" I. Affidavit of the publication of the notice for nx weeks ano
eeisively, in a newspaper printed in the county where the land ap-
plied for is situate; and if no newspaper is printed in such county,
then in the nearest county to such land in which a paper is pub-
fished. Also an affidavit, that a copy of the said notice had beeo
pot op on the door of the court-house, as required by the act afore-
said.
" 2. Affidavit of the applicant, that he intends forthvrith to ap-
propriate the land applied for to the purposes of commerce, bj
erecting^ thereon a dock or docks.
" 8. Affidavit of the first judge of the county, or the supervi-
sor and town clerk, or two of the assessors of the town in which
the land applied for is situate^ stating that the said land is net
more than what is necessary for the purposea of commerce, and
that the person or persons making such affidavit believe that it is.
the bona fide intention of the applicant to appropriate the said land
to the purposes of commerce.
" 4. An accurate map and survey of the land under water ap-
pfied for, and also of the adjoining land owned by the applicant,
to be sworn to by a competent surveyor. A correct descriptioa
in writing to be given of the land under water, for which the ap-
plication is made, the exact' courses and dtstMices to be given in
words at fall length.
"6. A regular deduction of title from the State, or proof by
affidavit of some disinterested person or persons, of a possessioB
of twenty years or more next preceding the time of application,
with claim of ownership by the applicant himself, or by himself
uid those upder whom he claims. All title deeds which can be
procured, or authentic copies thereof, to be produced."
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NO.M.] 8
Whether, in applications to the Legislature, any or all of them
docnmenis shall be dispensed with, is- not a question for the deter-
mination of the Commissioners. It is due to the occasion, how-
ever, to add, that grants have been frequently made by the Legis-
lature in cases similar to this, upon simple proof of the public uti-
lity- of the proposed object
Respectfully submitted.
. JOHN A. DIX,
GREENE C. RRONSON,
A. C, FLAGG.
JJbmj/, Jaituary 17, 1S86,
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STATE OF ^JEW-YORK.
^No. 52. / .
IN ASSEMBLY,
Jantitti7l9, 18S5.
ANNUAL ftBPORT
Of Kobert Dingee. an In^ctor of Green Hides and
SUnti in the city and coun^ of New- York.
TO THE LEGISLATURE OF THE STATE OF NEW-
YORK.
The undenigDed, inspector of gre«D hidei uid calf ikini ia tha
titf «f IMr-TetV !a tonplUoM with the 13th uetioa of the act
of SOth April, 18S0, respectfully tobttuW tkw ftDtfttfaj^ r^drt;
That firom the lit Janoary, 18M, to tfm iUi DMKffittftrlnt; fal
ctHdve, ttem iteu Ib^Mewd hy Um mkI Mi depuUM, of
GmeBHidM,.^..* *-.<.^ ..,.,.,.(,..» 48,SU
CaUikini, ,. 9!^3«
Haking, of ludet aod ikiiis inipected, an a^i^gate of.... 70^411
That the feea for the oi^tiaii cl4»jU& Udei^ at 4 1
eenti each, amooDta to #l>Vn 071
On 83,478 calfskins, at It cts. amounU to 487 17
Making the aggregate of fees received, t^464 34)
The amount paid to two deputy inspectors,
^^inted and employed during the tioM
above mentioned, is n^WM 00
Amount carried forward,... M.SOO 00 «l,404 M>
[AMtm. No. sa.] 1
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^ [A>nMBZ.T
AmeoBt brov^ fennrd, . . •1,300 60 •»,«< Ml
The ■mount paid dnring the mna time for
extra hbor, nnd other ooatingeiit ox-
peneea, ia 387 60
Making the aggregate of expeniaa, — ■• ■ - •1,4ST 60
Leaving a balance of. •1,030 641
As the compentatfon to the omJeiffgneJ for tbe time expemled,
attention beatowed, and respoBsibility incurred by him in the dia-
eharge of fail dttlM VMbr tbe I«Wi daring the time eoabraoed ia
thia report.
Tbe arerage valae of tbe h»bi inapeeled daring tbe abore pe-
riod, aa nearly aa the aame could be aeeertaioed, ia ^.S6 each,
and of calf akina, 06 eeota eaeb.
Making the total valoe of hides ioapeeted, <. |19J,11T as
" " calf akina, inqiected, . . . 30,204 64
Making total valne of bidea and akina, •331,881 79
All which ia reqwctfnUy aobmitted.
ROBERT DINGEB, Au^tor.
Jfyu-Teri, IMk Jnutary, 188S. ,
Otty tmd CbtuUy »/ J^hp-Tori, m.
Robert Dingee, being duly awon, doth depoaa and M17,
that the beta stated and aet forth in tbe foTegoing report are true,
according to faia beat knoivledge, jadgment and belief, and farther
aaith not - ■ .
ROBERT DINGEB.
Sworn before me thia I6th day of
Janoary, 16S&.
C. W. L*WB>Ho% Abyar.
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STATE OF NEW-YOkK.
No. g3.
IN ASSEMBLY,
January 16, 1835.
ANNUAL REPORT
Of WUliun P. Lansing, an Inspector <^ Lumber in
the county of Alliany.
TO THE LEGISLATURE OF THE STATE OF NEW-
YORK.
Araoimt of lumber OMif ored and inipected in ths ctmaty of At-
banjr bjr WUliun P. Luuing io 18S4.
S9,05A eobic feet oek ud pine timber, from IS to 33 cte per ft
JVJK
SB&,318 feet lumber, face meeinre ; 913
8,194 *■ *- lit quality 31
31,471 " " 3d " 33
7»,»41 " " Sd ■< IT
«>r,7iT " " 4Ul '■ „ 10
Feea,.. OM.TS.
WM. p. LANSING, H^pxltr.
IJUfm. No. a.}
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STATE OP l^W-TORK.
No. 54.
mAJSSEMBLY,
Jatinary 19, 1835.
REPORT
Of the «nBinittee on t3ie jttdidai7, on « rescdtitiDB r«>
ferred to them relstire to the compen8ati<ai dT mem-
bers of the Legislature.
Hr. hiy'mgtim, from the comnttoc on the judidarr^ to ffhicA
wu Tsforrad « motstioB dueetiitg them to inqnire mA nport tt
to the expedioBey of repeiJiag a part of ■ cortun eeetioH of the
Revtwd StaiMta roluiTe to the compeoaatioa of meodwra of iJit
LegUaaore,
REPORTED:
That they have given to the qaeition lUlKnitted to them a caro*
fill examinatioD. The Mctioa of the act which the aaid reaolatioD
refer* to, may be fooad ia the lat volume of the R. S, p. 161, § 4,
and it u foUowB: " § 4. If any member of the Senate or Amoo^
bJy aballt afier Ati anioal at the ytast of metiing t^ eUAer hmut,
or on All wojf thereto, be ]H«Tei)ted, by indiiponti(»i, from attend*
ing either of the said homes, he shall be entitted to the like eook*
pensation for every day he shall be ao prevented." The expedi-
ency of strilcing oat of die section above quoted the following
words, " after Ais arrival at the place of meeting of either home, or
on his way thereto," is the question referred. If this amendment
of the Statutes shonld bo asseoted'to, it appears to yourconunittee
that then a wide docH* would be thrown open to applications for
paying such members of the Legislature as might refrain from at-
tending to their appropriate duties, either from real or imaginary
[AfMm. No. M-i 1
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< [Ambmblt
eCOMi of indupoution. The limitatiou which It is lu^eited by
fha resolatioD any properly be diipeosed with, hare, in the opinion
of your comniltee, be«a fonrnd wiie utd wholetome ia their prao'
ticBl eSecL
We we BO reuoQ why a member who hu been detaned at hur
fcoma by iiMliq>oeitioo< aoA who, therefore, hu readered no lerricv
to the State, iboald be reeorapenaed fin- tervieee not performed.
If Ibe afflendment raeationed ihoold be adopted, worid it not
give colour to many ttojast and nnfomded appUcationi T
It teemi to ni that eodi reeidte oa^ V"^ ** ^ af^rebended
by a pmdent foreiij^t That appUcationt of thia diaracter will
be addreased to the sympathies of fellow members, on^t to be
boroe ia mind. Many members, under socb circumstances, would
gladly avail tbemaeWea of the discreet and prudent dwlter a&«d-
ed for their votes by the Sutute as it now stands. The Tery
fact of our assenting to amend the section as proposed, would, ia
the opinion of your eonunittee, sanction the idea, that we inteDd-
«d, by doii^ away wHh the Hmitaiions in said section, to bold it
^rth, as our judgment, that members ought to be paid who do
not attend in their places, and who incur no expense by eeot
attempting so to do. The very significant expression by the
House last week, upon a question out of which the resolotioD re-
ferred to your committee very probably sprung, encourages them
to believe that the committee will act cwrrectiy, if they shall ad-
vise the House not to alter the existing law upon this subjecL
If the words in question sbouM be stricken out, tfien every
member of the Senate or Assembly, who mij^t be prevented Ay
tadtijMMtrioa from attending the meeting of either branch of the
Legislature, would be entitled to the same pay a* if hie had attend-
ed. That is, if sufficient evidence of such indisposition should be
produced.
What would be legal or proper evidence of such indispositiai,
will, if the amendment alluded to should be made, probably come
before some future judiciary committee of the House.
Wbat sort or kind of indupatititm the member applying for pay
ought to be afflicted with, to bring him within the purview and
meaning of the section, if it should be amended as proposed, might
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No. M.] S
be a quettimi aboot trhich tbe dooton on Mine Ibtare medictl com-
mittee of the House might poMtibly diMigree.
Your committee are anxioiu to avoid nicb qoeitiou aa haT«
been above allnded to, and which might hereafter take ap much
time and troable to iettle. In concWon, we obierve, that we
daem the preaent Statota preieribai a wiw and eqnituable rait,
and OD^t not to be altered.
It comprehend!, it wema to m, all caaei in which a member
elected to the Legiilature ought to hare or to recent compeoaa-
tion.
Yoar committee, upon the facts above stated, and for tbe reasons
assigned by them, report, that in their opinion it is inexpedient to
change ibe provitioni of the existing law in relation to the eom-
penaation of members of tbe Senate and Assnnbljr.
All which is respectfully submitted.
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STATE OF NEW-YORK.
No. g6.
IN ASSEMBLY,
January 19, 1835.
ANNUAJL RiyORT
Of Nathan Roberta, an Inspector of Lumber in the
city of New-York.
TO THE LEGISLATURE OF THE STATE OF NEW-
YOBK.
Agreeable 10 Reriied Statutes, chapter 17th, I, la aa iiupector
•f lumber, beg leave to pieieot to your honorable body the follow-
ing return of lamber inspected by me from 1st January, 1884, to
1st January, 1836, mads out in cubic feet, superficial feet, inches
No.H.]
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9 [ACSBMBLT
Uluantitjf and qriaHty of lumbtr tntpected.
guaBHe., wiz.-
Mmht.
Secmi.
Ikfiae
Prka.
White pine timber,... <
Yellow "
Oak timber,
nbicfeol,
u
Gcialfee^
u
inches,
"
piece..
167,661
S7,821
»T,TM
4,706
8,169
1,845
618
400
76
310,576
191,846
(1,064
28,410
1,836
48,354
«4t
55,881
18,483
6,045
7,086
a,>48
4,M0
06
6,709
18,318
4,904
1,168
884
612
284
28
*0 13
0 22
0 25
Live oak timber,..., .
Locust timber,
Cedar timber,
ChesDUt timber,
White wood timber,..
0 76
0 80
0 45
0 26
0 14
Oak ship plank, . . roperi
White pine >hip plank,
Yellow pine " .
While pine b'dB&plTt,
165,423
61,183
10,053
18,926
37 00
35 00
85 00
Oak boards anct plank,.
Maple boards and joist.
Spruce beams
White pine bewrw,...
Oak kneei
19,162
2,165
26,798
\'^
415
198
22 00
18 OS
12 00
14 00
0 60
Spruce span,
white pnie spar«,.w>
A* togn
SIpraMipu.,
0 10
1 50
45
4 OO
Yeloe bt Ihe above at pticcs CiU7«at, atxnrt ^,000.
Feee, »1,857.67.
NATHAN ROBERTS, Jjujuclor.
MwTort, Jmnury lit, 1836.
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STATE OF NEW-YORK.
No. 57.
m ASSEMBLY,
January 17, 1835.
ANNUAL REPORT
Of Richard B. Fosdick, an Inspector of Flax-Seed in
the city and county of New-York.
TO THE LBGISIATURE OF THE STATE OP NEW-
YORK.
Tho inspector of flox-ieed respectfully reports, tbet he his inspect-
ed 19,47ft tierces, ind 777 half-tierces of flax-seed from the Ist
Jsuiaary, 18S4, to 1st January, 18S5.
The value of which is,.... •807,884.35
Fees for inspecting 19,475 tierces, at 6 cents, is |978 76
" *< 777 I tierces, at 8 cts. is 38 81
*997 oe
Expeaies for deputy 868 00
(890 0«
RICHARD B. FOSDICK, hupMor.
[AssmUy No. 57.]
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STATE OP NEW-YORK.
No. 58.
IN ASSEMBLY,
January 21, 1835.
COMMUNICATION
SVoiB the Clu^ Justice of the Supreme Cooit in an-
swer to a. resolution friHn the Assembly.
-.mam/, January 20, 188ft.
To 4he Hod. Ch&sus Huhphrbt,
i^peaker of -the ,3$ttmi>hf.
SlRz
1 4iKve the lienor to eocloBe a Toport in anawer to the reao-
liUioa of the honorable the AsBembly, of the 14t)i inttast, calling
for informatioB in relation to the Supreme Court.
I have ihe bcwor to be,
With great respect.
Your ob't lerv*!,
JOHN SAVAGE.
No. 56. J
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REPORT, &c.
TV the Hdm»rahU the AMmbfy 0/ the SlaU 4^ Mw-York,
The Chief Justice of the Sapreme^ Coart, who, together with
the ChaDceHor, by a resoludon of the honorahle the Ajuembly, ^
the 14th isat., was requested to iDform the house ofthepreseDt state
ot buslitess in their respective courts, and whether there is just
gromd of complaint as to delajrs in those courts io the heating and
^eciaioo of cuisea; And if so, to report such a judicial system as
wiH, io their opinion, be adequate to perform with despatch, the
bosinesa which will probably have to be transacted before the nid
iodidal tribunals,
fiBSrBOTFXtLLT BBTqaTt:
- That he can answer in relation to the Supreme Court enly.
The infonnatioB desired, aeems to require an answer nodar three
distinct heads:
1. The present state of the bauness:
S. The delay, if any, and the causes of such delay:
9. The proper remedy.
I. T%e Bunnets vf tkt CemrU
Thb mass of causes commenced in this conn, prog^ren without
delay, from their oommeocement, to judgment WImo pleas are
interposed, the causes are brought speedily to trial; a circuit for
the trial of issues of fact, is twice held in each year in each conn*
ty, and every cause ready foij trial is usually disposed of In a
great nii4<^'7 *^ cu»t tried at the circuit, jodgments are entered
nt the succeeding term, and the prevailing parties obtain the fruits
of their judgments.
It is only in causes in which qaestioos of law arise, and when
one of the parties is dissatisfied with the decision of the circuit
judge, that any delay becomes necessary.
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4 fAiii
In ffodi COM, tbe queatiooB ariaio; ftt the ctrcnft, are bnMigfat be-
fore the Supreme Courtr by « case or IhU of exceptions, for dieir
decision. It a the proper business of the Judges of the Sapreme
Court to hear sod decide these cajes, as weD 88'altwrit»<rfeiTor
and of certiorari^ tO'inrcrioFCOurtSrUi both civil and cnninalcaaetr
and queatieoa arising a^oa demwrtr*
To grve to the Atsenibly ao adequate idea: of the bnaineas of (he
eourt, it ispyoper to atate, that these cauaea. wbea noticed for v-
gumentr are entered by tbe cUrt upon a cafendar, acearding to
priority; and in that order generally they are argued. Tbe «ily
exceptioRSr are eauaea ia which the feople are m party, and sucb
a« have preference by statute. The causes thua entered apoa tbe
calendaVr coaslitute what ia called the enumerated buaineas of the
court.
The mm-enmnerated bnahiesff of the court eonaiata oftfie special
notiona which arise in the progress of causes, and also of motions
for the 'writs of mandamus, prohibition, and eettiorwi, and aocne
•^er special applicatiopa authorised by statutes.
These motions are much more nameroaa thatt Ibe cnamerated
motions; are entitled to preforente; and widi but few excepltoiia
are heard and decided in vacation.
The nmnber of causes upon the calendar at the present term, ia
331, including some issues of 1833, And coating down to a very
recent date.
For aererd yeara paat, the average iHimber of caoaea has been
about 800. About one-third of this number has nsuallybeec dis- -
posed of at each term, either by argument, aubmiawoa or default.
The nwnber of jodgmenrts entered in tbe clerk'a office in this
eity daring tfie last year, ia 8,139; and taking this number as an
average of the other three offices, the whole nmaber will be 13,504.
Of this number, about 400 have passed under tbe immediate anper-
vinon of thia court, mad have been decided upon argomeot, eiilier
fat open court or in writing.
The nuipber of special motions, all of which have been heard
and decided in open court, and some discussed at great length, is
1,810. Tbe 831 causes now on tbe calendar, and upon which the
oourtia DOW engaged, ia composed of the following daaaea, to wit:
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No. 58.] 5
Writ! of error from inferior courts,.... 110
Motions for oew- trials on cases made in causes tried at the
circuits, 60
The like on bills of exceptions, „ 27
Cases upoD demurrer, 56
MotioDs to set aside reports of referee?, 86
The like to set aside iaquesU, 3
Cases on certiorari 6
Motions in arrest of judgment, 3
Case on special verdict, 1
Mandamus 1
331
Having thus stated to the Assembly the present stale of the bu-
siness, the undersigned proceeds to state,
II. 7%e delay in hearing tjnd deciding Causes, and the cauiea of
svck delay.
That there is, and must be some delay in the decision of causes
placed upOD the calendar, is well known. Many of them present
questions of importance and difficulty; they are elaborately ni-
gued by counsel, and must be caretuUy examined by the court,
and an opinion written, containing the reasons of the court for the
decision which they make. It has been found impracticable for
the judges to hear, examine and decide these causes as fast as Ihey
are put upon the calendar, coining from 55 circuits, held twice in
a year, 56 courts of common pleas, including the superior court of
the city New-York, besides demurrjers, and some other miscella-
neous buskiess, and hence the delay.
It will be recollected that under the old Constitution, the terms
and circuits were held by the same judges. At the organization
of our government, the number of judges of the Supreme Court
was the same as at present, three. There were four terms of this
court of two weeks each. In 1785, the October and April terms
nrere extended to three weeks each; and the reason then assigned
for extending them, was, that the terms of two weeks were '* attend-
ed with great delay of justice."— Session 8, chap. 61. When this
extension of the terms took place, the population of the State did
not exceed 300,000. The business of the court increased with the
increasing population and commercial traiuactioiM of the State.
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6 [AnuuLT
Id 1793, it became Deceisary to add one judge, and in 1794, anoth-
er, making the Dumber fire. At that time the population did not
exceed B<M,O00. Five judges remained upon the bench until the
adoption of -the new Conititution. During thii period, it wu
found that the laoie canieB which produced the necesaity for more
judges, and longer tenng, continued to operate. The Stale con-
tinued to increase in peculation, which, at the adoption of the new
Constitution, exceeded 1,S00,000. Business of all kinds became
more and more extended; contracts were multiplied, and litigation
succeeded. The Legislature, previous to that period, did not think
proper to increase the number of judges; and those in office found
themselves unable to perform the business with despatch. For
several years previous to 18S8, the court, composedof men of dis-
tinguished talent and industry, could not dispose of the causes
upCHi their calendar; nor were they able to try all the issues at
the circuits. An accumulation of causes up<Hi the calendar of the
Supreme Court, and of the circuits in those counties where the
most business arose, was the necessary consequence.
Such was the state of business when the adoption of the new
Constitution introduced a new judicial system. The labors of
the term and the circuit were now divided; as under the old Con-
stitution, the principal difficulty was supposed to arise from delay
in the trial of issues at the circuits, the new system provided for
that evil a suQcient remedy. Eight judges were commissioned to
hold the circuits, while only three were assigned to the higher and
more responsible duty, not only of deciding all questions of law
arising at the circuit and upon demurrer, but of supervising all in-
ferior jurisdictions within the State, and ihe more delicate doty
of sitting in judgment upon the constitutionality of the acts of
the Legislature itself.
At first blush, this system seems to be not properly balanced;
and so it has proved in practice.— -While the circuit judges have
not business to occupy half their time as circuit judges, the judges
of the Supreme Court are expected to perfonn nearly or quite
double the business which ought to be required of them.
When the new bench commenced their labors in May, 1833,
they found a heavy calendar of old causes. The last calendar of
the court under the old Constitution in January, 1833, contained
SB8 causes. The calendars at New- York and Utica in May and
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No. 58.] -7
Augmt followiog, were largo, and in October at Albany, the num-
ber was 463. As yet, but part of the cauiei from the circcutB
held under the new Conititution, had reached the calendar. The
ntunber of old caoseB could not be ascertained with perfect accu-
racy, but there were probably from foor to five hundred. At the
January term, 18S4, a flood of cases coming from the recent cir-
cuits, the accumulation of'previous years, poured in upon the court,
and nearly overwhelmed it. The number was 648.
With the number of trials at the circuits, the number of special
motions increased, and a large proportion of each term was neoes-
sarily consumed in hearing and deciding them. Up to this time,
the calendar exhibited a greater number of causes, than there
were in point of fact; nearly half of them were noticed on both
sides, and entered separately upon both notices.
In 1S36, the judges, by great exertion, and doubling Uieir hours
of sitting in court, (an experiment which will not bear repeating,)
were enabled to go through their calendar for three or four terms in
saccession. The labor was too severe and could not be continued.
In April, 1835, the honorable the Senate, in consequence of me-
morials presented to them, by resolution called upon the Chancel-
lor, Judges of the Supreme Court, and the ciicuit Judges, to re-
port to the Senate at their next oimual session, what alterations,
if any in their opinion were necessary, in the Constitution and laws
of this State, to improve the judiciary system. On the 16th Jan.,
1S36, a report was presented to the Senate in answer to that reso-
lution. To that' report the undersigned begs leave to refer; it is
found in the Journals of the Senate of that year, at page 66. It
was then distinctly stated, that it was to be apprehended from the
disproportionate organization of the court, that causes in the Su-
preme Court would continue to accumulate; and that such a result
mig^t be considered certain, by recurring to the increasing popu-
lation of the State.
hi that report several measures were recommended as calculated
to afford at least temporary relief, and such as were within the
power of the Legislature, without an alteration of the Constitu-
tion; but nothing was done. Some of the measures then recom-
mended have since been adopted, and with decided soccess; but
the principal expedient has never been adopted. It was to com-
■pti suitors to litigate causes, when the matter in dilute was be-
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» • [A.
low $100, ID the coorti of conmon pleu. The efficienoy of
nicb a menuTe has been fully tested by the orgsnization of the
superior court io the cit]r,of New-York. But for the ability and
iodnstry of that c»urt and the court of common pleas of that city,
no doubt is entertained Uimt the calendar of the supreme ooort
would hare been muoh larger than it now is.
The present judiciary system has been in operation nearly twelve
years. Within that period several circumstances have occurred
calculated to enbanoe the buiineis of the court beyond its ordina-
ry amoanL -
1. The adoption of a new Constitution haa been the occasion of
calling forth the labors of the bar and the court, in giving a con-
struction to some of its provisions.
3. The adoption of a new code of laws, " The Revised Sta-
tutes." The Legislature, in the revision of I8S0, departed from
their former practice. Instead of merely revising the statutes,
they made an entire new code; altered the phraseology of old
statutes, which had received a judicial construction; and intro-
duced a vast number of entirely new provisions, varying in prin-
ciple from the old laws. Some of them have already received a
judicial construction, but much remains for the future labors of
the court.
3. Within the period referred to, about one millitHi of souls has
been added to the population of the State, which cannot now be
less than S,SOO,000; a consequent increase of business transac-
tions has further increased the amount of litigation.
The judges of the supreme court have, with patience and per-
severance, pursued their labors, in the hope that the Legislature
would ultimately afford the necessary relief.
Of the value of those labors it does not become the undersigned
to speak. They are principally, but not wholly, before the pnUic
in twenty volumes of reports, conttuning the principal cases deci-
ded during eleven years.
The judges hold, annually, four terms of four weeks each,
though Uiey abridge these terms whenever they have suffident bu-
siness on hand to occupy them during the ensuing vacation, Tbcy
singly and alternately hol^ sixteen special terms, which coninme
usually one week eadi in hearing and deciding special motioDS;
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Ifo. &S.] 0
and ihey wrrit from six to eigbt 'Weeks in the court ior thu oo>
xection of errors. The residue of their time is spent in exanain-
lag cases and -writing opinions. They insist, therefore, that the de-
lay which does exist is not properly imputable to their want of in-
-da«try.
That some delay exists is notorious. At preseot the period be-
tween the trial of causes in which there is delfiy and their final deci-
sion, is about two years, as will be seen by the reported cases. That
4lelay exists, however, in a very smdl proportion of the causes tried
■at the circuit, as will be seen by comparing the number of judg-
ments with the number of cases on the present calendar, which have
come from the circuits. That is not, it is admitted, an entirely
accurate lest, because many judgments are entered by default; but .
stilt this comparison will shew in what proportion of causes brought
in the court delay exists at all. While th^ whole number of judg-
ments entered in a year amounts to 13,504, as above estimated,
the whole number delayed, as shown upon the present calendar,
including cases, bills of exceptions and demurrers, and all other
motions in causes originating in this court, does not exceed 204.
This calendar does not show aTl the causes delayed; but it it
tielieved to contain a large proportion of them ; and more than one-
third of the causes on the calendar originate in other courts. No
cause can be delayed, unless an order is obtained for that purpose.
If there is no just cause for granting the order, the party delayed
may move at a special term to vacate such order, and thus remove
the cause of delay, if it is frivolous. So also when a demurrer is
interposed for delay, it may be moved as irivolous, and if found so,
judgment final is given immediately. Very few causes, therefore,
can be delayed, unless there is a serious question arising, wUch re-
quires discnssioD and examination.
. With respect to the delay between the argument and decision of
causes, it is to be remarked, that it has been the intention of the
court to decid'e the causes at the term ensuing the argument; and as
toa majority of the cases, such is the fact; butastosomeof theca-
ses, a decision has been delayed by reason of several causes. Two
of the vacations are about half consumed by attendance upon the
Court for the Correction of Errors; and some decisions have been
delayed I^ a re-ezamination, rendered necessary hy a <lifierenca
[Assam. No. 68.] <
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10 [AS8EMBZ.T
oropfhion between tlie judges. The great cause of delay niidoabt-
edlyia, that more labor is req.uired from the jodgea, thui any-tiiree
men eao perform.
Having thus stated to the Assembly, as accnrately as poaoible,
fhe bunnesB of the court r the delays whicb occufr and (fee cwiset:
of auch delay, the undersigned proceeds to lay before tfie Aaaeiu-
My some suggestions as to
III. The pnpernmedyf
The andersigaed is of opinion, that no permanent relief can be
afforded with«ul an amendment to ^e CoBstitution. A greater
number of judges to sit at bar woald enable the court to decide
with more despatch. The same time would be consumed in the
arguments at bar, whether the cause be heard by three or five
judges; but as a great part of the labor of the judges consists in
examining the namerous authorities cited by counsel, and writing
out the reasons for their decisions, it is manifest that when there
is no difference of opinion among the members of the court, the
labor of writing may be divided; and then the greater the num-
ber the less wit) be the fabor of each. There should be at least
five judges to sit at bar. The eight circuit judges, if discharged
from their present equity duties, in addition to holding the eircoits,
might be formed into two courts of four judges each, to bald two
terms in each year, and sit in review up<Hi the decisions of each
other, reserving to parties the right of appeaF to the supreme court
on giving security or obtaining an order to stay proceedings.
Shonkl this project meet the favorable conuderation of the Legis-
lature, the only alteration necessary in the Constitution would be
the authority to appoint two additional judges of the supreme
court; and, to remove any doubts as to the power of the Legisla-
ture to organize the circuit judges into such courts, a declaration
of such power may be made fn an amendment to ttie Constitution.
Another project has been suggested by severai members oi the
bar, and is submitted to the consideration of the Legislature.
Abolish the court as at present organized, and appoint nine judges
who shall be alt justices of the supreme court. The chief justice
to remain always at bar; the other eight to perform bar and cir
cuit .duties alternately; four being always on the bench with tbe
chief justice. There are at present fifly-five counties in which
circuits are held. It is believed that four judges are sufficient to
DigmzecDy Google
No. 58.] 1 1
hold thorn, if, in the mean time, relieved from all other duties.
If, however, that number should be found too small, more should
be appointed; and the Constitution should leave the number in the
discretion of the Legislature, to be increased if necessary. Pire
should hold the terms, and compose part of the court for the cor-
rection of errors.
Should the Legislature, however, think it inexpedient to pro-
pose an amendment to the Constitution, the undersigned can
suggest no measure so likely to relieve the court as to prohibit the
recovery of costs by plaintiffs in all suits in the supreme court (in
which the title to land does not come in question, and those in
which the people are not a party,) wherein the recovery shall not
exceed 9250; and also prohibit costs to plaintiffs upon the reversal
of iudgmentB from the county courie. Give the plaintiffs in such
cases their disbursements, but nothing more. This would induce
plaintifis to prosecute such causes in the courts of common pleas,
and discourage writs of error, which it is believed are sometimes
brought for costs. Those courts, in many of the counties, have
, among their members counsellors of high standing; several oC
whom are competent to sit on any bench. Should these courts
err, their errors may be corrected in the higher courts; but upon
principle, no reason is perceived why one party should pay the
costs arising from the error of the court more than the other. It
has not always been the policy of our law to give costs upon re-
versal; and it is believed that in England, at the present day,
plaintiSs in error do not recover costs. So, too, if costs were
limited upon special motions, the number would be diminished and
the papers would be less voluminous.
Many causes originate in justices' courts; they may be carried
by appeal or certiorari, according to circumstances, before the
courts of common pleas, and from thence by writ of error to this
court. It is believed that one-fourth of the cases upon the ca-
lender of the supreme court are cases of this description. In such
cases the costs must far exceed the amount in controversy. It is
certainly competent, perhaps it would be wise, to discourage ap-
peals, certioraris and Writs of error, in those cases, by giving to
the plaintiff in error, when successful, disbursements only.
Temporary relief may be partially obtained by legislation only.
This is suggested, but it is not recommended. It is believed to be
the part of wisdom to propose, at once, an amendment to the Con-
DigmzecDy Google
13 [A««EifBtv
slitution, Qmbracing one or the other of the projects abore stated,
or a better ooa to be devised by the wisdom of the Legislature.
The populati<Hi aod bosioess of the State are rapidly increasing,
and will continue to increase for many yean to come; provisioD
should be made in season to meet our future as welt as present
All which is respeetAiUy sabmitted.
JOHN SAVAGE.
January 20, 183&.
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STATE OF NEW-YORK.
Jfo. 59.
IN ASSEMBLY,
January 22, 1835.
RESOLUTION AND RECITAL
I^esented by Mr. Roosevelt on the 7th instant, and
referred to the committee on the judiciary; and
repwted by the committee on the judiciary on the '
17th instant, and committed to a committee of the
whcAe.
Whereas tbe Legislature at its last session, (a majority of all
the members elected t6 each of the two houses agreeing thereto,)
did resolve, that the following amendment to the Conititution of
this State, be proposed and referred to the Legislature then next
to be chosen: And whereas the said proposed amendment has
been published for three months previous to the time of making
such choice:
Resolved, That this Assembly, (two-thirds of all the members
elected voting in the affirmative,) do agree to the said proposed
amendment in the words following, to wit:
" Whenever a sufficient amount oi money ihall be cc^lected and
' safely invested for the reimbursement of such part as may then be
unpaid of the money borrowed for the construction of the Erie
and Champlain canals, the tenth eectioo of the seventh article of
the Constitution of this State, so far as it relates to the amount of
duties on the ipanufacture of salt, and the amount of duties on
goods sold A auction, shall cease and determine; and thereafter
the duties on goods sold at auction, excepting therefrom the sum
of thirty-three thousand five hundred dollars otherwise appropria-
ted by the act of the 15th of April, 1817, and the duties on the
manufacture of salt, shall be restored to the General Fund.
[Aasem. No. S9.] 1
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STATE OP NEW-TORK.
No. 60.
IN ASSEMBLY,
January 22, 1835.
RESOLUTION
Introduced by Mr. M. H. Sibley on the 22d instant,
■nd <ndered to be laid upon the table.
Baohtdf That hii Excellency the GoTemor be requeited to
eonunanicate to thii House any information be may poMoai, in
relation to the practices " of some of oar banks" *' of buying or
wiling drafts for the purpose of taking usury with impunity, or aa
a pretext for extortion," aa stated in bis message at the opening
of the present session; and specifying, as far as be may be able,
the particalar banks against which " the public have just grounds
of complaint;" to the end that aach institutions as are not culpable
maybe exonerated from the suspicion thus thrown upon the whole;
and that this House may be enabled the better and more promptiy
to diachatge its duty, by complying with the recommendation of
his Excellency to correct the 'practices so justiy censored by him,
and "all other practices inconsistent with fair dealings on the part
of these institations towards the public."
[Aaaan. N«. SO.]
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STATE OF NEW-YORK.
No. 61.
IN ASSEMBLY,
January 2% 1933*
RBPORT
Of a majority of the committee on the judiciary, on the
e^tediency of changing the time of the annual meet-
ing of the Legislature.
Mr. Roonvelt, from « mKJorily of the committee on the judi-
«iary, to whom it was referred to inquire into the eipediency of
chtogiag the time of the annual meeting of the Legiilature to the
fint Tueaday of December, in each year,
REPORTED:
By the fourteenth lectioD of the fint Article of the preient Con-
ftitutton of the State it it provided that the political year ihall be* -
gin OB the fint day of January; and that the Itegislature ahall,
every year, auemble on the fint TSieMday of January, unleii a dit
ferent day ahall be appointed by law. The year, therefore, for
which the memben of Anerobly are choaen, commencing on the
fint day of Janaary, as fixed by the Constitution, can not termi-
nate befera tile last day of December following. And as two sets
of legislator!, although elected, can not be in ofiSce at one and the
same time, it necessarily follows that the Legislature chosen for
any particular year, although it may by law be eouTened at a
later, can not by law be convened at an earlier period than the
fint day of Janaary of the year next ensuing that in which it was
dioeen. To accothplish, therefore, the object contemplated by
the resolution, an amendment of the Conititotion wilt become ne-
otoaary. Such an amendment the committee have aoeordingjy
prepared and herewith submit to the House.
. No. 81.] 1
DigmzecDy Google
t [Ambhblt
Aetohed, That the following amendmeDt to the Constitutiw of
this State be proposed and referred to the Legiilature next to be
chosen: and that the Secretary of State cause the same to be
published in one newspaper printed in each of the Senate districts
of this State, for three months pVevious to the next aannal elec-
tion, in pursuance of the provisions of the first sectioa of the
eighth Article of the said Constitation; a maj<Hity of all the mem-.
bers elected to the Assembly rotiog in favor thereof.
"The political year shall commence on the first day. of Decem-
ber, on which day the Senators and members next preriouilj
chosen, shall be entitled to the eiercise <^ ^eir respective offices,
in'virtue of such election. The Legislature shall every year as-
semble on the first Tuesday of December, unless a difierent tioe,
after the first day of said month, shall be appointed by law,"
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i
STATE OF NEW-YOB
No. 62.
IN ASSEMBLY,
January 22, 1835.
REPORT
Of the committee on the judiciary, relatiTe to amend-
ing the thirty-eighth rule of the House of AsRembly.
Mr. Dayui, from the committee on the judiciary, to which wu
referred the reiolutioD of the Houie, initnicting them to inqture
into the expediency of so amending the thirty-eighth rule of tbii
Houfe u to prohibit all amendmenta to the report of the commit-
tee which were not ofiered in the committee of the whole Houte,
REPORTED: •
That they have had the said reiolution under coniideration, and
h^Te directed their chairman to report the following resolution:
RcMohed, That the thirty-eighth rale of this House be amendedt
by adding to the end of the said role the following words:
" And sot^ amendments only shall be in order as were offered
in oommittee of the wliole Houie."
lAwmm. No. OS.]
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STATE OF NEW-YORK.
Wo. 63.
IN ASSEMBLY,
JftBnary21, 1835.
REPORT
Of £he comsuttee <m colleges, academies and cdramoD
scboolgf on the peUtion of Joha Preston, and
others.
Mr. Borke, from the committee on edlegei, ac«demiei and com-
non Mhoola, to wttich wu referred the petition of Jotio Pretton,
«nd othen, relative to «d improved Rwoner of teachiog fehoola,
REPORTED:
That they have given the sal^ect referred to them, all the atten-
tioQ which its importance, and the high character of the petitiooen,
would teem to require. The petition, after propoaing many uieful
aaggeitioDi in refereace to the instniction and government of our
comm<m schoola, conclndea with a pra^r, " that a tupervinonal
power may be placed in the Superintendent of Common Schoola,
whereby he may make, amend, order and enforce rulei and regu-
lations for the advancement and imfwuvement of common acbool
edncatioo,"
By reference to the exiiting taws in regard to the powers and
duties of the Superintendent of Common Schools, it will be per-
ceived thai sinular powers to those sought to be ^vnted, are al-
ready conferred upon that officer. By the fint section of the act
concerning the powers and duties of the Superintendent of Com- ■
mon Schools, he it required in his annual report to the Legislature,
to prepare and submit plans for the improvement and management
of the Common Scboi^ Fund, and for tke better orgtauxatum of
[Assem. No. 6S.] 1
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commo* tehMU. By the 0th lecUoD of the wme set, tha Soperin-
teadeat is repaired, among other tfaiogSf " to traniimt such intlruc-
tioDi a* ha ihall deem aecesMry rad proper for the better o^Biii-
xation and government of common schools, to the officers require!
to ezecnte the proTisions of the said acL"
Your committee do not perceiTe the aecessity of enlargiiig the
powers thus conferred, and believing that onr present common
school system reflects the highest credit upon tho wisdom of our
predecessors, as does its superintoDctence upon the officer at ths
head of that system, your rr-mmittra retpeotfiilly ask leare to in-
trodace the following resolution:
JUtohed, That the petitioners have leave to withdraw their pe-
tition» and that your committee be diacharged from the fnitbtr eosr
sideration of the same.
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STATE OF NEW-YORK.
No. 64.
IN ASSEMBLY,
Januaiy 22, 1835.
REPORT
Of the cfMiunittee on the judiciary on the petition of
Charles Waggoner.
Hr. Krntn, from the committee on the judiciary, to iriiich wu
referred the petition of Charles Wagoner, of the town of Pala-
tine, in the eonnty of Montgomery, praying for an act aathoriz-
ing him to take the oath and hold the office of juitice of the peace,
REPORTED:
That your petitioner repreients, that at tlie last town meeting,
in March, heid in the town of Palatine, in the county of Montgo>
awry, yonr pijtitioiier wu dniy elected a jostice of the peace;
that through misappreheniion of the law, he did not qnalify with-
in the time limited hy the itatute.
Your committee, on a carefol examination of the matter, are
of (q>inion, that yonr petitioner having violated to important a
tnut conferred on him by hia conititoents, in not taking the oath
of office pnnuant to atatnte, no act of the Legiilature ought to be
granted, vetting him with the office of joatice of the peace, and
that the {mayer of yoor petitioner onght not to be granted.
[AfMm. No. «4.]
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STATE OF NEW-YORK.
No. 65.
IN ASSEMBLY,
January 23, 1835.
REPORT
Of the select committee on so much of the Ooremof'g
message as relates to the enumeration of the inhabi-
tants of this State.
Hr. AtvBM, from tha Klect committte to whioh vu nfem4
•0 BMich of the Goveroor'i inwng* u reUtu to tlw eauiiMratioB
«f the inlubitutj of thie Sute,
REPORTED:
That jova committee hare bestowed all proper attentioD, not
«nly ^KKi tbe nibject embraced is, the aaid reference, bnt aleo
upoa the readuttim of the Houte of the Idth iutaot, reqairing
them to inquire into the eipediency of providing for ascertainiog
tbe amount expended for the relief of paupen ia each of the coqd*
tiea. And alw tbe amount paid by tax in each of the cooDtiea for
defraying the chargee of ooarts of ipeual Boaiiona.
Yoor committee, in examimog the tubject embraced in the aaid
reeoIntioB, hare latiified themseWei that tbe inquiry proposed by
the aaid reaolution, which relatei to the amount expended for the
relief of paupera, is, by the existing regulations fully provided for:
that a report of all such expenses is annually made by the super-
intendents of the poor to the Secretary of State; and that they
are infenn«d diat the said Secretary it now prtpariiig, ami will
[Aasem. No. 6&.] i
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S [Ajmikvlt
aooa lay before the Legiilature, a leport which wiR embnu» a
itatenoeat of all su^ expenses
On the lubject of that branch of the laid retolutioa rebUog t»
the expediency of ascertaining the imount paid by tax for de(ray-
ii^ the charges of courts of special sessions, your <»inniiltee, in
reasoning upon the subject, and calculating apoa the profits sad
loss, have come to the cooclusion that the infoimation to be deriv-
ed through the agency of the several marshals to be appointed and
charged with the duties of enomeraUDg the inhabitants, mast be
entirely imperfect and unsatisfactory, arising from the great con-
fusion, as your committee believe, in which this whole matter
roust be involved: that the duties of such courts, with other offi-
cial duties in furthering the public peace and good order^ are per^
formed by a numerous class of public officers, whose accounts ve
supposed to be kept with no great degree of accuracy; and when
they have been audited, which ordinarily is done at each snaoal
meeting of the board of supervisors, they will be the less prepared
to give any satisfactory information of their respective charges for
services in courts of spedal sessioiu.
Your committee are, therefore, of <^inion that to change, the
form of the blank retarns prescribed in title sixth, chapter third,
part first of the Revised Statutes, and impose upon the reqiective
marshals such additional duties, is inexpedient, believing, as your
committee does, that the information to be derived by such alte-
ration must, at best, be very imperfect and unsatisfactory.
YoUr committee find, on examining the subject referred to in
the Governor's message, that provision is made by the Revised
Statutes, in the title above referred to, for the enumeratitHi of
the inhabitants of this State: that such enumeration is to be taken
during the present year; and the form of the blanks is provided in
the said title, copies of which the Secretary of Slats is requirad
by said title to furnish to each town and ward in this State;
which said blank, so provided by law, your ctmunittee befieve to
be sufficiently extensive for all useful purposes, with this excep-
tion; the unfortunate blind inhabitants have no place in the blank,
while the equally unfortunate deaf and dumb, idiots and lunaties,
have a place provided for their enumeration.
Year committae are, therefore, of the c^iiition that the Secre-
tary of State should bt required by law so to aztaod die blanks,
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No. 6&.] S
to be by him fmniiahed u afin-esaid, u to eauM the blind inhabi-
tuils of thii State to be enumerated; which may be accomplitb-
ed by a very slight eztension of the blank now provided by law:
and for the aecomplitfament of which desirable object your com-
mittee hare ioitmcted their chairman to aak leave to introduce a
bill
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STATE OF NEW-YORK.
No. 66.
IN ASSEMBLY,
JaniiaiyS3, 1835.
REPORT
Of the comiiuttee on clums, on the petition of Joseph
A. Norton for relief,
Hr. Burhan% from the committee on claims, to which wu re>
(erred the petition of Joseph A. Norton, praying compeasation for
hit services and disbursements in pursaing and apprehending cer-
fugitives from justice.
REPORTED:
That upon referring to the Journals and Documents erf* this
House, of the year 18S3, it appears that the petitioner applied to.
the Legislature of that year for compensation and relief^
That his petition was referred to the committee on claims, who
made a fall report on the same, detailing the facts, and introdaced
a bill for bis relief; but no further action was had thereon.
For the report above referred to, see Assembly Docoments of
1883, No. 136.
It also appears, from the Jonmals of 18S4, that the petitioner
renewed his said application to the Legislature of that year. The
committee on claims, to whom his petition was referred, reported
by bill for his relief, which bill was committed to a committee of
the whole House, and no further action had thereon.
Your committee are satisfied, from the facts set forUi in the affi-
davits accompanying the petition, and the report herein before re-
ferred to, that the claim is just and equitable, and recommend
the passage of a bill which they have prepared and ask leave to
introduce.
[A«m.N,.66.] 1 „,,„„,Google
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STATE OF NEW-YOKK.
yo. 67.
IN ASSEMBLY,
January 21, 1835.
REPORT
Of the Commissioiiers of the Land-Office, under the
act concerning escheats.
Albant, January 19, 1BS&.
Tbs CommiaiioDen of the Lud-Office, in porsoatuM of the Slit
Baetion of the act entitled " An act concerning eicheats," passed
April 30, 188S, submit herewith a statement of all the releases
granted under that act and the act amending the same, the names
of the persons to whom they were granted, the quantity and Taloe
of the lands released, and the moneys paid into the treasury, or
secured to the people of this Sute, on acecHmt of such releases.
Respectfully nilnaitted.
GREENE C. BRONSON, AteyOm.
JOHN A. DIX, Stt?ry of State.
A. C. FI^GG, CoK^tnUer.
[AnUB. No. ST.]
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STAl
, . .. je persons to whom
aoneyg j
tlK m—uii-
«eS5 00
nereodike
"iooo
Binghamfa
SI «7
n, in the v
10 oo
AoD-street
30 00
township
60 00
township
» m
n, town of
&^£
""iii)
i6 00
and 100 m
.he county
""iw
2 and 38, c
40 00
, Orange a
10 00
Orange CO
12 M
n, county «
10 31
ties 03
(ouoe
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STATE OF NEW-YORK.
No. 68.
IN ASSEMBLY,
January 21, 1835.
ANNUAL REPORT
Of William Dumont, an Inspector of Pot and Pearl
Ashes in the city and county of New-York.
To the BoturabU the L^Iatwe of the State ofJflgwTork.
Report of pot aad pearl uhes iaspected in the city and county
of New-York, from the 34th day of March, 1884, (the day of
taking poBsefwion of office,) to the 31it day of December, in the
same year: the average price of which, and the probable value
thereof, as near mm I have been able to ascertain the same, if set
opposite the respective qualities and quantities hereinafter men-
tioned and expresied.
[Anem. No. es.]
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NUALj
• New-Yor
ible to ascf^i^f mentioned
expressed]
Averaf^-
. •488,688 68
40, Ml 04
4,l>87 54
I,im44
S,470 U
, 186,861 M
18,117 n
498 46
88 68
•648,048 18
f^.
d etMMtg of Mho-York.
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STATE OP NEW-YORK.
No. 6£^^
iiV ASSEMBLY,
JanuArj 32, 1835.
ANNUAL REPORT
Of John I. Morris, an Inspector of Lumber in the ci-
ty of New- York.
The Hon. Cbaklbs HiniPBitBT,
Speaker of the House of ^nembly.
SIR—
In punuancc (A the several acts of the Legislature of this State,
I have the h<mor of transmitting to you, for the use of the Legis-
lature, a report, shewing the quantity, quality and value of lumber
inspected and measured by me, as one of the inspectors of lum-
ber in and for the city and county of New-York, for the year 1S34,
together with the amount of fees and emoluments derived from
the same.
Yours respectfully,
JOHN L MORRIS.
JWio-ForJ:, January 9tk, 1886.
Schedule, shewing the quantity, quality and value of lumber in<
apected by John I. Morris, one of the inspectors of lumber in and
for the city and county of New- York, from the Ist of January,
to the 81st of December, 1884, together with his fees for inspect-
ing the same.
Q)tantity. Q)tality, Value.
1,004,&60 feet clear boards and plank, 925perM.
1,253,677 " box boards, 11 "
3,358,687 carried forward.
[Assam. No. 69.]
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9 [AMnobT
3,368,587 brought forward.
84,330 feet piae timber, •14petH.
31,888 " homlock timber, 10 "
30,606 '* aah plank, '. 15 "
18,039 " Georgia pioe 15 "
79,692 " hemlock boards 10 "
81,224 " maple jtHst, 18 "
61,840 ." white wood boards...... 15 **
6,390 " cherry boards, 15 "
0,404 " black walnut, .... 40 *'
8,000,744
The amount of fees for inspecting the same,. .. 9777. M.
JOHN I. VLOKBIS, Bupttter.
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STATE OF NEW-YORK.
No, 70,
IN ASSEMBLY,
January 19, 1835.
ANNUAL REPORT
Of Peter Conrey , an Inspector of Lumber for the ci-
ty and county of New- York.
TO THE LEGISLATURE OF THE STATE OF NEW-
YORK.
Rstunu of lumber inipected and measured by Peter Conrey
from the lit of January, 1834, to the Ist of January, 1836.
1,000,891 feet Mahogany, Bold from 6 to 60 ct8 |1000 08
110,011 " Spanish and red cedar, from 5 to 7 cts.. HO 01
100,038 " pine and spruce timber, for ^12 per M. 35 00
8,580 " pine boards, 2 13
16,286 *' cedar boards, from 932 to (25 per M. . . 6 08
985 " white holly, for 8 cents per foot, 1 00
752 " chesnut scantling, at 917 per M 30
1,502 " black walnut, 0 56
18,496 " pine boards, measured only, 844
454 *' maple plank, 0S5
2,408 " oak plank, 2 cents per foot, 0 90
1,154,854 Total, 91,140 75
PETER CONREY, hupector.
M'ew'Vork, January ISfA, 1S35.
[Assembly No. 70.] l
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DOCUMENTS
I
or THK
ASSEMBLY
or THE
STATE OF JIEW-YORK,
FIFTY-EIGHTH SESSION,
1835.
ALBANT:
PRINTEO IT X. CROiWBLL, FStNTEK TO THK STATI.
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STATE OF NEW-YORK.
^jXtetuAe^
tu^^^
No. 71.
IN ASSEMBLY,
January 24, 1835.
ANNUAL REPORT
Of Gilbert Oakley, Inspector of Beef and Pork in and
for the county of Westchester.
TO THE LEGISLATURE OP THE STATE OF NEW-
YORK.
I, the undenigned, intpector of beef and poi^ for the coilUty d(
Wettcbeatar, in confonnity to the Statute ia relation to the regu-
lation of trade in oertain cases, do report:
That the quantity and quality of boef aud poilt inspected by me
daring the year ending on the 1st day <^ lanuary, instant, is at
follows, to wit: Two barrels of mess beef, and fire barrels of
prime beei^ and sixty-one barrels of mess pork, and fifteen barrels
of prime porkj and that the fees for inspection, during the year
emUng on the first day of January, instant, amounts to twelve
doHan and forty-five cents, and that the probable value of the pro-
Tiiions inspected hy me during the said year, is nine hundred and
thirty-foar doHars.
All which is ia. respectfully -submitted.
GILBERT OAKLEY, hupeetm-.
tfkkfPtaau, Jm. 14(&, 1685.
(Aasem. No. 71.]
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STATE OF NEW-TORK.
No. 72.
m ASSEMBLY,
January 33, 1835.
ANNUAL REPORT
Of I. IngersoU, Inspector of Beef and Pork for tlie
connty of Madison.
TO THE LEGISLATURE OF THE STATE OF NEW-
YORK.
Id eompKaDCS with the law relative to tBe iaipectioD of beef
and pork, I herewith tnuieroit mj retnrn of beef and pork ioipect-
edbyoM in the county of Hadiion, tor the fear ending SlstDeeem.
bor, 1SS4.
471 barreb men pork at (IS, WiTM
I.IHS " prime pork at >, 12,114
9 " loftpork,. at 7, 68
«17,MI
Feeeoii the abore, 9468. SO
] certify the aboTe to be a comet acconnt of the oomber of
barrel! and tbe amonnt of beef and pork inapected by me in the
coonty of Madino, for the year ending the Slat of December.
1«S4.
I. IN6ER80LL, H^itctm:
CsMNoeio, Jmtuaiy 18, 18S6.
fAaiem. No. 71.] 1
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STATE OF NEW-YORK.
No. 73.
IN ASSEMBLY,
January 23, 183d.
ANNUAL REPORT
Of George Charles, an Inspector of Leather in the
citj of Albany.
TO THE LEGISLATURE OP THE STATE OP NEW-
YORK.
The amount of leather inspected hy George Charles during the
year 1884.
The undersigned lias inspected 16,187 sides, vtiich, at an aTe*
rage of 30a., amounts to 940,467.50.
16,187 sides of sole leatlier, at 4 cents, $647 48
Deduct for labor, 80 08
Jtbaitgf January lit, 1
[Asaem Ko. 7a.]
|M6 66
GEORGE CHARLES, Jiii]iecliir.
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STATE OF NEW-YORK.
No. 74:
IN ASSEMBLY,
January 22, 1835.
ANNUAL REPORT
Of the Bank Commissionera.
•aHuxih Jm. 33, ISW.
To tlie Hon. Chahu HimrMftBr,
SIpeaker 6f Hu ^hnmbfy.
SIR:
Wa have the hoaor to seiul herewith, the timtial report n-
^nitod from us by lev, and are very respectfully.
Your obedieDt servaota,
C 8TEBBINS,
GEO. R. DAVIS,
LEWIS EATON,
Baitk CNwmffimerf.
{Aaaem. No. 74.]
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REPORT, &c.
7b the Honorable the Legislature oftke SUOe ofMw-York:
The Bank Commiasionen, puTBoaat to law, reipectfully nibinit
the following
REPORT:
Id presenting the annexed full statemeat of the coixtition of the
seTeral banks subject to our viaitation, we feel gratified in being
able to say, that it presents a more satisfactory view of their con-
dition than they have ever before exhibited. And it is probably
not too much to say, that it exhibits the condition of a large nuni'
ber of at sound and active monied institutioas,- as can be found
any where.
Their number is now WTenty-six, exclusive of two branches.
The Farmers' and Manufacturers' Bank of Poughkeepsie, which
was chartered at the last session, has not yet gone into operation.
The capital of the institutions subject to our visitation, is now
•20,231,460. That of the other banks of the State, is •5,175,000,
. making the entire banking capital of the State, exclusive of that
employed by the branches of the United Sutes Bank, •31,406,460.
For the purpose of showing the ability of the country banks to
meet their engagements, one line in the tabular statement annexed,
will show the amount of their funds on deposite in the cities of
New- York and Albany, separate from other bank balances due
them. These funds are moneys actually deposited in the cities,
payable at sight Some of the more distant banks, however, keep
no account in the cities, but deposit with some neighboring institu-
tion situated on the direct line of ccHnmunication, which redeems
their paper. Such deposits are not included in the line referred
to, but appear as balances due from other banks. The Cfaautau-
que County Bank, which redeems at Bufiklo, is an instance of
that kind.
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4 [Ambhilt
The line of Emus and diBCOtrntSr inelodes ereiy debt doe the buk
npoa paper of any description^ whether discounted notes, domes-
tic exchanger bond and mortage-, or teioporavy toaos spon stock,
or other ■eeorities.
It is difficult, by ny tahuhr stateraent, to exhibit the exact abi-
Kty of the banks to meet a sudden pressure upon tbem; sod parti-
cularly to wiA respect to the city banks- Their available means
eonsist of specie; b^ancei due from other banks; temporary loans
secored in soch way as to be commanded at any moment; and of
their discounted debt daily falliDg due, wliidi tAcre can be calenla-
tedupon wiA almost absolute certainty.
The statement umexed has been very careiiiHy compiled from the
returns made to us on the 1st instant, and an exanunation of it, we
tiiink wit) fully justify the opinion above expressed, of the soood-
ness and strength of our monied institutions. It exbilHts the fol-
lowing view of their aggregate Uabiltiies to the public, ^td resour-
ces to meet them;
BBSOURCES. UABIUTIES.
Loans and disconots, •63,868,680 arculatioo, ^XA^^M^ioax
RealMtate. t,S00,4I7 Dividends, aS0,S5I
Stocks,.... 651,698 Canal Fund, ... . S^7,S6»
Specie, 6,661,745 Loans 955,310
Bank notes of other Deposits I4,S84,3S9
banks,... t 6,745,S20 Banks, 14,267,343
Cash items «70,se3
City banks, 4,044,877 $48,087,98 1
Other banks» 6,616,847 ■
•77,146,078
The Bank Fund now amounts to sometbiog more than •400,00(L
The income derived from it by tbe first of April next, will have
extingairiied the amount of revenue heretofore anticipated, after
which date, if no losses occur to diminish tbe fnnd, a oett revenue
will be accruing to be divided among the buika, and the capital
wjU be increased by further contributions, until it shall amount to
about •800,000. There is at present no reason to expect any
draft upon the fund, but every reason for the belief that it will con-
tinue to accnmulate until it reaches the limited amount.
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No. 74.] 6
The eventa of the put y«ar ag connected with the binking in-
terest, have been unuinally interesting. Overtaken hy a severe
pressure in the money market at a time of unusaal prosperity ia
oil the great branches of national indmtry, we have witnessed the
lingular anomaly — the existence of a deep and extensive pecunia-
ry suffering, while aurroanded with an abundance of the produc-
tions of the country, possessing an unusual supply of the precious
metals, and standing creditor in accouat with the c<Hnmeroial world.
Pecuniary distress was nevertheless a reality, which by men of
business was felt, but could not be accounted for by any rational
deduction from cause to effect
The removal of the deposites, bank curtailments, cash duties,
overtrading and excessive bank issues, were each and all of them
assigned as causes legitimately operating to produce the effect; and
the destructioQ of commercial confidence was produced more, it is
believed, by exaggerated accounts of the extent of these canses,
and gloomy predictions of their continuance, than by any actual
operation of the causes themselves.
A panic may easily be raised sufficient to disturb a system of
credit as extensive and diversified as ours; And now that it is
over, when we look back at the grossly exaggerated statements of
actual distress, the misrepresentation of facts unimpoTtont in them-
selves, the solemn and confident predictions of impending ruin
which proceeded not only from high authority, but which literally fil-
led many of the public papers and reached the eye of every business
man in the community, we can be at no loss to discover the cause
to which it was chiefly attributable, nor in assigning to it the cha-
racter of a political rather than a commercial panic. It was less
apparent Men, because time had not developed the extent and op-
eration of all the alleged causes of the pressure. An uncertainty
pervaded the public mind, and that is ever the prolific source of
timidity and distrust.
The banks of this State were the special objects of attack botii
from abroad and at home. Their credit was assailed in almost
every possible shape, by repeated insinuations, and sometimes by
direct charges of insolvency — ^by appeals to the people to save
themselves by demanding specie for their paper, and by bold pre-
dictions that the Safety Fund system was crumbling to ruin.
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The cottntry banlu, which hsd as yet felt none or the preuitre,
were asBailed on accoant of the imall aioount of ^tecie possened
by them; and some of them particularly singled ont and held np
to the public notice as nnworthy of confidence. The city is far
more interested than any other part of the State in sastaioing the
credit of solrent country banks, yet it was in some of the city pa-
pers that most of these foul slanders originated, the tendency of
which was to cut off the usual remittances from the country, de-
stroy the means of collecting mercantile paper, and paralyze busi-
ness in the city by withholding from its customers the means of
. getting to market
It is well known to all, who are at all conversant with the ban-
nesB of this State, that the banks in the interior do not depend up-
on the specie in their vaults as a means of redeeming their paper.
The paper naturally finds its way to the cities, but as the bank ia
the country is under no obligation to redeem it there, it must ne-
cessarily be sent home to the counter for redemption. When so
sent home, it ia redeemed by a draft upon funds kept in Ute city for
that purpose, because such a mode of redemption is most conveni-
ent for both parties; the expense of transporting specie is saved,
and the draft is actually worth more than specie by the cost of
transportation.
Money is always worth most, at the point to which, by the course
of trade, it tends. Exchange, therefore, is always in favor of the
city, and country bank notes in that^market, a triile below par,
and for that reason it would be unwise for the banks in the cono-
try when they acquire funds in the city by means of the sales of
produce, to transport those funds home in specie for the purpose
of redeeming their paper, when the same funds left tn the city are
worth more than specie in the country to the holders of that pa-
per. The uniform course, therefore, has been for the country to
leave in the city the funds raised by the sales of produce, and
draw upon those funds for the redemption of its notes as occa-
sion mav require; and probably of the country bank paper re-
deemed in this State, not one dollar of five hundred is required to
be redeemed in specie.
Our banks not being permitted by law to purchase their own
paper at a discount, as many of the eastern banks do in the New-
York market, the country paper collected in the cities has for se-
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No. 74.] 1
veral years been purchased and aeot home for redemption by the
banks in Albany upon their own Recount and risk.
During the prevalence of the panic in February last, a tempo-
rary interruption of the arrangement for purchasing (he country
notes in New- York created considerable sensation there, and gave
rise to a aeries of fresh publications colculated to effect injurious-
ly the country institutions. In reality they were perfectly able to
redeem their paper as usual, and did actually reduce their circula-
tion by the redemption of about two millions within sixty days.
It is no part of their business to make arrangements for taking up
their paper in the cities, but sufficient for them to be able to re-
deem it when sent home, and the derangement of the means by
which it had usually been taken up and sent home, furnished
therefore no just cause of suspicion against them: But yet for a
few days their paper was so discredited in the market as to be of-
fered at an unusual discount, and in some instances at a rate de-
noting great hazard of ultimate redemption. It was but a few
days, however, before the usual arrangement was again in opera-
tion, the paper was purchased and sent home as before, although
the rate of discount continued higher for some time in consequence
of the scarcity of money.
Notwithstanding all the destruction of confidence, by whatever
means, during the existence of this extraordinary panic, the public
confidence in the banks was at no time generally or extensively
impaired. It is true that some specie was drawn from the city
banks in small sums by individuals, but not by that class of persons
-which would indicate any serious alarm in the public mind. The
deposits remained throughout the whole of the pressure as large
or larger than usual. In the country, scarcely the slightest ap- -
proach was made towards creating alarm for the safety of the
banks; and we think it may be affirmed, that the confidence of the
great body of the people in the banking system, in a great mea-
sure protected the banks against the injurious effects of the excite-
ment. We do not believe they were in a condition to have been
compelled to stop payment, as some institutions elsewhere have
been; but considering the delicate nature of bank credit, and the
means used and circumstances combining to impair it, it might have
been expected, that without that additional confidence, which our
law is calculated to inspire, the consequences would have been far
more injurious, both to the banks and the community, than they
actually proved to be.
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B [AsSBHBLY
The city wu anentially reliflTod by the ioereued meant of ao>
CfMniQodatioa afforded by the public depoaitei, which were Kbe-
rally dispeiued by the depoiita baoki, and nearly all the local inati-
tatioDB there, kept up their line of dMconnts throng the whole of
the pressure. The cartailmeDt of aeeommodatioos by the country
banks, althoogh not large, began to be felt by the weaker class of
debtors, and was productire of a more rigid icmtiny into the cir-
' camstancea of others, under which many hare fallen since the mo-
ney market became easy, not on account of any difficulty in raising
money, other than a want of sufficient credit.
An unusual number of such failures have occurred in the coun-
try during the past season, a great proportion of which were among
those most extensively engaged in buBiness, although tlie business
of the season since the restoration of public confidence, has been
active and preiperoui. That restoration, we have no doubt, was
much accelerated by the prompt and efficient measure adopted by
the Legislature for that purpose, although the necessity for carry-
ing it into execution never occurred.
The general efiects produced by the panic of last winter have,
on the whole, probably been rather salutary than otherwise. It is
true, great Bacrificei have been sustained by individuals, and mndi
individual suffering has grown oat of it; but yet the storm has pu-
rified the commerdal atmosphere, and a more healthful state of bu-
nness has undoubtedly succeeded it The revulsion which his
overthrown so many extensive establishments both in city and
country, would in all probability have occurred at a later period,
and with increased severity.
The abundance and prosperity which have distinguished the lut
few years, naturally induced overaction in trade, which has pro-
bably been too much stimulated by the focilities which the increase
of bank capital has afforded. Had these causes continued to ope-
rate unchecked, until the winding up of the United States Bank,
with the public deposites in its bands, and placed in the condition
otherwise, that it might easily have been, a revulsion might then
have been anticipated, of much greater severity and extent, if not
sufficient to shake the credit of the country.
Banks have jnstly been esteemed as among the most useful and
powerful agents, in developing the resources and stimulating the
industry of the country. They may be conndered one of the pria-
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No. 74.] 9
ctpal leven in t'faat complicated machinery of credit, by whicli the
imnienBe business openttioni of the world arc chiefly moved.- Ac-
toal capital could not hare spread half the canvass which now whi-
tens the ocean, or given motion to half the Bpindlea which are now
in n[ff ration. But credit, as a substitute for caprul, has been found
to answer the purposes of labor-saving machinery to manufactur-
ing industry.; and it is to the increased use of credit in its various
«hapes during the iastlialf century, that the world is mostly in-
debted for the astonishing rapidity with which manufacturing, com-
mercial and even agncultural improvements have advanced. It ii
little more than halfa century since the present stupendous system
sf mercantile credit begun to be reared in England. It is less than
half a century since banks of issue to any considerable extent have
beco broi^ht into tise as parts of this great system of credit, and
ought we not to attribute to their influence, some portton of the
•mifeing impulse imparted to business during this period, so dia-
proportioned to the advancement of any previous half century 1
In oar owd country, particularly, where capital at the close of
the revohitiou was exceedingly limited, and is yet comparatively
so, we must look upon the use of our credit (and we have usad it
with a freedom beyon^ kH example,) as the prindpal means of ren-
dering onr industry and enterprize so productive. We are proba'
bly halfa century in advance of improvements which the actual capt.
tal and industry of the country would have efl!ected, without the aid
of an extensive system of credit. Our cities have risen to a degree
of opulence and activity; the country has attained a degree of
wealth and improvement; internal improvements have multiplied;
oar commerce and manufactures have grown, and the settlement
of the country lias progressed to an extent which might have been
witnessed by the next generation, but which existing now, is be-
yond all parallel. The axe of the settler penetrates the forest as
far in one year now, as ten years since, it did in five, and the pro-
gress of improvement in every respect defies all calculation. It is
believed to be impossible to account for the rapid augmentation of
wealth which is daily witnessed, upon any other hypothesis, than
that the use which has been made of credit in this country has been
exceedingly produc.tive.
The industry and enterprize of oor citiBens, it is true, are un-
bounded; but withoDt capital, both must always be comparatively
[Assembly No. 74.] 3
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Iff [Ai
tnproductiTe. Bat oombiiied iridi 0DI7 •■ madevate c«f»tal, stcfr^
dily increuiug by iti own accamnlstioit, and olao b; profits deriv-
ed from a much' larger Bramwt of credit actiTc^ enployed, «*•-
tonitlMng rewilts we produced.
Individoar credit ia thi» country may be said to be sustained io
a great measure by the banksi, They fumisb their own capital and
credit in aid of mdividnal entorprize; they fumi^ the means of
exchanging all the Truits of todnslry, and what is of far more im-
portance in this respect, tbey give confidence to indiridoals ii>
making their contracts.
Mercantile credit is baaed not only npoa the capita wfaicfa is
supposed to eosuFC ultimate payment, but upon other circamstan-
ees whidi aSbrd the proiiHie of pnncluality ;: and probAly men
importance is generally attached to those circumstances wbtck in-
spire a confidence ef punctuality in payment, than to those mans
which may render psymeni ultimately certmn.
The facilities which banks afibrd are certainly rery ii
tal, if not indispensable, towards inspiriag- confidence of puetuali-
•y in the fulfilment of engagemeBts;. and withont that eeofidence,
BO system' of credit can ever be broi^t iqto extenatre or aotire
(^ration. Rigid poacteality ef payment rarriy exiats, bnt wiihio
the inltoeDce of banks.
It was estimated last spring by a respectable committee of prac-
tical men in the city of New- York, that the mercantile payments
daily made in that city amounted' to five millions of dollarv. If so,
taking sixty days as the average term of credit, (and it is beliered
to be more) there must be constantly afloat in that city three hun-
dred miltioDs of mercantile p^)er. Confidence in the psompt pay-
ment at maturity of this immense amount of paper, has brought it
into existence, sustaios it in circulation, and tn a great measure
gives it value. How important, then, is the influence which the
banks exert in contributing to this confidence! It is not to be in-
ferred that half these payments are made by means of bank ac-
commodationa; but their ability to aflbrd such accommodations to
a giren amount in case of necessity, inspires confidence in mercan-
tile paper to twice or thrice that amount, in the same noanner si
the specie in theu" vaults does to the much larger amount of their
own paper in circulaUon. Besides, banks being ofmveaieBt places
for making payments, arri naed as offices for the settlement of ac-
=ci>y Goggle
T^o. TV.] It
-connts between debtor and creditor, where, by a simple operatios,'
«0Ter»l debts are eancelted by a afngle pkynent; aqd becomiog
Abas the «oUecton of the debts of individual!, punctuality it eiK
forced by the same penaltiei of ditoredh whic^ ate found lO effi-
<<Mcbus in respect to banii debts, iodeed, ihe Decessity of strict
-puootualHy i« feh by all, inasmuch as one eredilor depends upon
hb debtor, he «poa a third, and so on through die series, and aU
Are dealing through an insiitntioa which depeada for its existence
tqton the law aS punctuality,
Notwitbatandiog Iwifks, "by thetr operations, may sometimes en-
•ctHlrage overtrading, which leads to consequeirt changes of pro-
party and fluctuations in its value, and notwitbitanding the eom-
»uniiy have sufibred some small losses fay their mitmansgement,
whoever duly appreciates the benefits derived from them in this
State, in sustaining the credit of the govemnent and furnishing
the means of defending our frontiers during the late war — in the
prosecution of our extensive works of internal improvement — and,
^wve aU, in the support which they give to that system of credit
which 'to a great extent has served aa capital to build up our mag-
AJficent cities and towns — to despatdi our 300,000 tons of tonnaga
abroad — to rear our numerous and flourishing manufatories — to
^ve activity to our immeuse internal trade, and to subdue our fo-
rests and improve the cultivation oTour fams, can be at no loss to
«stimate 4heir usefulness and importance.
It is impossible now to tell to what extent fhe vast resources tX
this country might have been developed, or to what point we
tnigfat have attained, in the accumulation of wealth and in the im*
provemeot of our natural advantages, without the use of banks and
« currency ef paper; but it is not difficult now to see that banks
are so iatinoately connected with all fhe operations of trade and in-
^stry as to be indispensably necessary to their prosecution. &o
interwoven is this connection in Hbe wtu4e texture of our business
operatioua, that we have always found business of every kind
active and prosperous when the banks were so, and depressed
when they were embarrassed. An enUre specie currency would
andoubtedly have exposed us to fower fluctuations, as the en-
tire disuse of individual credit would diminish the cases of
embarrassment and bankruptcy. But who would proscribe the
ose of individual credit? The aggregate wealth of the coun-
try i» but tittle affected by those revulsions in business wlueh
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ti« inoidcDt to ft sylten of credit. Propwly is not deaboy>
ed, ilthougb it chingcS' ewnen. B«t the contributioaa made
to the wealth of the country by the increased productireoesi
of labor, when coiabkied with ctfita^ or credit aa its substitute^
are iDcalcolable. }f aa account could be stated with the banks
Qpon this principle, and an estimate made of the benefits deiived
from them by the community on the one hand, and of the losses
suffered by then, whether by their rafluence upon trade, or theit
insolvencies, on the other, we have no doubt the balance would be
fband to be decidedly and largely in their favor.
It is troe iha ^atem of credit, as well generally as connected
with the CHfreocy, may be extended too far, and sacb is the ten-
dency of it; but yet it would be exceeiUngly unwise to condemn
the use of a machine whoso power was capable of the most useful
service, merely because it m^t sometimes require regulation.
We have long entertained the opinionr and frequently suggested
it to the Legislature, that the proportion of specie in nur currency
was too smalJ. Recent discussions, growing out of the question of
re-chartering the Bank of the United States, seem 1o have render-
ed that opinion somewhat general ; and, as is perfectly natarai, af-
ter the termination of a controvery which has produced ao much
agitationj some are disposed to push the • arguments which have
been used too far, «id to transfer the odium which became at-
tached to a particalar institution to all others of a similar kind,
without carefully discriminating between tbem. Thus some would
prohibit bank notes of one denomination and some of another,
while others will urge an entire metallic currency, and denounce
all banks as odious and injurious monopoHei, '
■ Banking, in one sense, is a monopoly, because tbe restraining law
prohibits individuals from issaing paper for circulation as money.
But it is not a monopoly in the odious sense usually attached to
the term. It is not so much of a monopoly now as it .would be
were the restraining law repealed. For the business wouM then
be confined to the wealthy and the few; whereas, now it is open
and free to any one who can invest a very moderate sum in a
share of slock; and its profits aro shared, to a great extent, by the
middle classes of society, by females and in&Dts, incapable of en-
gaging in active employments.
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No. 74.] 1»
Our batiks are not monopolies ia the sense that the United States
Bank is, for the State, reserves, and exercises freely, the rig^t to
increase the number and capacity of competitors; but the United
States stipulated to grant no other charter during the existence of
the present Besides the great power of that institution, as com-
pared with any of the State banks, gives it the character of a mo*
nopoly, a power which none of our banks, as among themselves, can
exercise.
Banks do indeed possess exclusive privileges, if those may be
termeil exclusive which are shared by so many rivals, and which
may be conferred upon a thousand more at the pleasure of the go-
vernment; bat yet they are privileges not enjoyed by individuals,
and for the simple reason that it was deemed necessary to with-
hold themf in order to secure a safe system of banking. It is pre-
aaoied that no one would advocate the policy of allowing every
individual to issue as much of his own paper for circulation as
money as his credit could be made to sustain, without the require-
ment of some qualification, or the imposition of some sort of re-
striction. And unless the government should thus abandon all con-
trol over the subject, any system of private banking would confrr
upoa the individuals possessing the qualifications, or submitting i.i
the restrictions required, a privilege as much exclusive as that norir
enjoyed by the banks.'
Folly believing, not only in the utility, bat the necessity of
banks; that no better system of banking (for this country at least]
can be devised, than that of joint stock companies, property re-
stricted and regulated by law, and that the safeguards thrown
nround our banking system are more efficient and salutary than
any which have been previously or elsewhere adopted, we trust
they will not be regarded by the Legislature with disfavor.
We ^ould certainly, on the one hand, neither be blind to such
improvements in the law as experience may have pointed out, nor
on the other hand, be so astute In our search for improvements up-
on a system which has thus far ful6lled the expectation of the pub-
lic, as to destroy or endanger it by too much innovation.
In respect to the increase of banks, it most be borne in mind that
within the last few years, oar bank capital has been augmented
with groat r^dity. More than tbirt«ea millions have b«en added
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to it within the lut five yen*, and the number of baoka more thu
doubled. We do not doubt, however, that more banks will very
soon become neceassry, and perhaps 8 very few more now wodM
be nsefa), if properly located; yet, conaidering the impulse gives
to the business daring the last few years, pmdenee wonid seem to
inculcate a cantlous procedure at present, in the moltipUcatioa of
them.
The system of credit may be disturbed as well by the applica-
tion of too much stimalas in bringing new tanks into operation, ai
by the opposite treatment, in paralytiAg those already in existence.
Either extreme deranges the monied conoerna of the conntry, and
causes injurious fluctuations It more bank capital is deemed ne-
cessary, we wnuld, as a general rule, recommend the enlargement
of existing capitals, in preference to the creation of new banks, for
the reasons which we have before had the honor to submit to the
Legislature.
The subject of restricting the existing banks being already be-
fore ^e Legislature, tt may not be improper, and perhaps may
be expected that we should express an opinion ia relation to it.
The restraints proposed, we understand to be first, to prohibit
the issue and circatation of bank notes of the smaller denomina-
tions; lecand, to limit the amount of circulation to the amount of
capital; and third, to limit the amount of loans and discounta to
twice the amount of capita).
It is impossible that any system of credit should ever be placed
beyond all possibility of hazard; and we have always supposed that
the principal, of not only hazards, attending our banking system,
were those which are inseparable from any system of banking, and
in a great measure beyond the scope and power of legislation.—
They arise out of those (^rations of commerce which, at times,
require large shipments of specie from the country, and some-
times to an extent which may compel the banks to suspend afeae
payments. For the purpose of guarding against any snch contia-
gency, the most obvious course would seem to be, to infuse a grea-
ter proportion of specie into the circulating medium of the country-
Then a less extraction of the circulation (which usually takei
fdftce at such tiBMs) would bring in the requisite amount of specie,
and the ability of the country to aseat a demand for apaoia at all
times would be increased.
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No. 74.] - . ' 15
In point of convenience small bank cotes readily convertible io<
to specie, are preferable to coin as a circulating medium; and for
the purpose of remittance ill small sums they answer a purpose to
which coin is not applicable: And so far as the public security
against loss is concerned, we should think there could in this State
be no sufficient reason for resorting to a specie circulation.
The security againat ultimate loss which the peculiar provisions
of our law afibrds, has the effect also in a great measure, of pre-
vanting those miu upon the banks by the small bill holders which
are usually amoog the greatest evils of a panic We have seen
Uie effect of this public confidence remarkably exemplified during
the late panic. It is believed that if the same efibrts and the
same combination of circumstances which operated to impair the
public confidence in our banks last spring, had been brought to
bear against the monied iastiluttons of any of our neighboring
States, they would have produced a run upon the banks by the
bill holders, if not in some instances at least a suspension of spe-
cie paymeaL
Indeed such was the case with some of the banks st the south,
which were perfectly solvent and have since resumed their usual
operations. Here, however^ it was found that the confidence of
the people In the security of the banking system was not to be
shaken, and the banks were but little, if at all, disturbed by those
demands from small bill holders and depositors which usually ag-
gravate and increase a panic
Notwithstanding the convenience of small bills is ah argument
in their favor, yet it is deemed a consideration of minor im^rt-
ance when contrasted with the great object of providing a specie
resource to meet the demands of commerce and prevent the possi-
bility of a suspension of specie payments by the banks.
The demaod upon the whole Union for specie to export, is'
chiefly oonfined in the first instance to the city of New-York, and
eonaequeatly tliat is the point at which most specie ia wanted. In
tbi« State very little is wanted elsewhere: And if any meant
conid be devised of boarding a quantity of coin in that city tuffi>
cient to answer the exigencies of commerce, and which could be
commanded at the proper time for that purpose, Ae object would
be effected: But we know of no means by which such a provi-
non conld be made, nor any other efieetoal means of increasing
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11 [Amiehili
the qukntify of ipecie to be ntained in the coaatry, bat by nw-
kTng it in greater proportion a oeceswy psrt of the circulating
medium.
The city banks will undoubtedly continue, as they bare done,
to keep snch an amount aa they may consider necesury for their
own protection; and their interest is' not to keep more; but as the
export demand is governed entirely by the wiints of trade, they
are unable in all cases to estimate correctly the extent of it, and
are therefore liable to misjudge as to their own secnrity. The
difficulty is, that the extent and efiect of commercial operaiioju
cannot possibly be foreseen with certainty ; and the danger is, that
in the present state of the currency, a demand for specie may oc-
cur beyond the ability of the banks, and they be unable to call it
in from the community in consequence of the small amoant in cir-
eulation. If a sufficiency can be held in circalation by the com-
munity, it can always be commanded either by the banks or by the
individuals requiring it For these reasons ws should think it
very desirable to have the circulation of small bank' notes sup-
pressed and their place supplied by a specie medium: But the
means of effecting this object deserves serious coosideiation.
The amount of bank notes in circulation under five dollars ap-
pears to be about four millions of dollars, and its magnitude, we
should think, would be sufficient to shew the entire impnicticabili*
ty of extending the prohibition beyond notes of those deoomioa-
tioDS. If not, the very large amount of five dollar notes in circth
lation would seem to be conclusive. Of the four millions of ap-
parent circulation, it may be estimated that about one million is in
Uie hands of other banks, and in the coarse of transmission home
for redemptioo-— a use not applicable to specie, and therefore for
that amount specie would not bo required. Probably the place of
another million would be supplied by issues of five dollar notes,
more of the small notes being now issued than are absolutely neces-
sary for change, in consequence of the prevailing opinion that they
enjoy a better circulation. The suppression of the small notes
would then produce a vacuum in the circulation of about two mil-
lions, to be supplied by coin.
The amotmt is not such, in the present abundance of specie in
the country, as to present any serious obstacle to the measure,
but the chief difficulty, it is apprehended, will be found io the
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J»o. 74-1 1*
<Aiaracter of the specie currency as established by the lst« Itfw of
the United States. That law, although regarded u imnensely
important to the country, and indispensably necessary, io order to
ftimiah a carrency of gold, is yet probably defective in establish-
ing the legal value of that coin too high in proportion to the legal
value of silver. If 8U<A is the fact it will be very difficult to keep
silver in circulation for the same reason that formerly excluded
gold. For the law oF circulation is uoWersal, that of two mediums
of equal i^al value, that of the least real value will constitute the
urculating medium. It is impossible that a portion of tbe curren>
cy which is worth a premium in market can ever be forced into
circulation to any great extent, and circulate freely with that por>
tioa which is merely st par. The over valuation of gold ii indi-
cated by the premium which dollars now command, and which it
is feared half dollars would command belore gold would be taken
for exportation. At present the only gold coin upon which we
can rely to supply the place of small bills is the quarter eagle, and
of these the amouul, ai yet, is very limited. An increase of coin-
age of this description, and also the coinage of gold dollars are es-
teemed exceedingly important, if not necessary to Ihe succetsfiil
execution of the measure of withdrawing small bills. Looking at
the necessity of being enabled lo supply the place of Uie small
bank notes with specie, and anticipating the dlfficuties that may
possibly arise, it most be qnite apparent that whatever is done
npoa the subject should be done very gradually, with • view of
making the change as easy as possible; and for the porpose of
drawing silver from the banks, in order to fill the vacuum, we
should think it advisable to prohibit the issues by the banks of each
denomination of notes at a period considerably anterior to that fix-
«d for the suppression of their circulation among the ctmimunity.
This would oblige the banks to be paying out silver in small snmi
instead of small bills, while the tails at the same time would be
gradually returning in the ordinary course of business. The spe-
cie is not to be drawn from the banks in the redemption of the
•mall notes Ihemselves, for they will be mostly returned in the or>
dinary modes by way of paypients at the counter, and for redemp*
tiott from the cities. But as the small bills are withdrawn the
pnUic will call upon the banks for the specie necessary to make
change, aad it will be drawn upon such notes as may happen to
be at hand, whether of the larger or smaller denominations. The
small IhUs will undoubtedly be issued, and circulate freely as long
[Assem. No. 74.] 8
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18 [Ai
SB perrnitted by hvt, nad the bwiks will not commence paying out
apecie in their stead ntiF compelled to do w in making ehaage;
wd, therefore, if Ibo iisun by thv brafci bd<I the drculfttioo in div
community were both to be stopped at the same period, a sudden
eleficieney in the mean* of making small paymeota would be oc-
casioned, which woeM be very embarnawng.
It is not perceived that a gradual withdrawal of the smaTT notes
would necessarily cause any contraction of the carrency, nor is it
believed thnt the bankawoufd, in any degrbe, save themaclves from
this demand for specie', by attempting to contract their circulatioD>
Neither is. it supposed that this demand upon aaj particular bank
will be at all proportioned to the amount of small bills which such
bank m^ hare in circulation. The demand will be to supply the
change necessary to transact the business of the comnronity in
their respective neighborhoods > and its extent win depend opon
tiie wants of that community, without reference to the amount of
small bills which the particular bank may have circulated abroad.
No greater iBoanvenience would probably result from prohibiting
the isauen of one dollar notes, to take eSect immediately, than at
. any subsequent period. The issues of two's we shonht suppose
might be stopped in six months, and of three's in twelve months;
and the drcuhlum of the one's prohibited after six months, of
two's after twelve months, and of three's after eighteen months.
Anotfier all important measare, without whkh the experiment
must fail entirely, is (he soppressioa of the circulation of the small
bank notes of other Stales. Unless this can be done efieclually, it
will not only be found impossible to brii^ the ^cie intp circnia-
lien, but we shall have a currency of small notes less known to
the public, and, as we think, less secare than Uist which we are
attempting to Suppress. The present law, prohibiting their circu-
lation, is now but little regarded in the city of New-York or on the
northern frontier. The small bank notes of the neighboring States
and of Canada, are found circulating there qnite as freely as those
of our own banks. Probably one defect in the law consists in im-
posing the penalty upon both the persons pasnng and receiving the
note, thereby making it the interest of both to conceal the fact,
and another may be in the small amount of the penalty. A larger
penalty ituched to the offence, and that cast upon the leceiver
only, wo should think would render the law more efficacious, bot
whether soffici^nUy to to eOect the object may still be questiona.
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No. 74.] rt
tile. Tfaa effectual mode would be by the co-operatioB of the
oeigbbM'iDg State* in prohibiting tho iisuee by their banks, and it
ougtM to be, and perhapi may be expeoted, that the example of
thii St«te wosld have a tendency to prodaoe Mck (»-«peratioD.
On the whe^e, althoagh it cannot be doubted that there may be
some difficulties attending the successrul execution of the plan, we
are in favor of making the experiment, particularty aa aome cii^
cuiBstances are now deddedly favorable. One is, the very large
amount of specie which the conotry now fortanately possesses, aod
another is ^e faromble inpretsion with r^ard to it io dte public
mind. FoUic opinion will probaUy do mach towards the suppres-
sion of small foreign bank notes when our own shall have beea
suppressed ; and for the purpose of securing its aid more efiectoal-
ly, as well as the co-operation of the adjoioioff States, the policy
<rf extending the prohibition of forciga notes bayond that of our
own may be soiaewhat questionable.
The subject of withdrawing the small notes, as well as the pro-
positions to limit the circulation of e»eh bank to its amount of ca-
pital, and its loans and discounts to twice that amount, are impoi^
taut oIm, as having a direct bearing upon the profits of the banks^
and, thua incidentally afiecting the appIScalions for more, which
have heretofore been so numerous.
Nothing can be more certain than that we mast have good banks
for the stockholders, or we cannot have safe and useful banks for
the puUic. Banking is carried on for the profits it yields, and it
wotdd be preposterous to expect that capable and responsible mea
will continue fo own stock in and devote themselves to the ma-
nagement of unprofitable institutions. Wlienever the business fur-
nishes no sufiicient Inducement for such men to engage in it, the
banks must be wound up, or what is far more probable, wiU foil in>
to the hands of irresponsible and diihonost men, determined to pro-
fit themselves at the expense of the institution and the publico
The preservation of the banking system, and indeed the existence
of sound banks under any system, essentially depends upon having
the business such as to yield equal profits with other investments
of capital, making suitable allowance for any difference of hazard.
The bare interest which capital will command upon unqoestionabla
security, such as bonds and mortgages or public stocks, is not sup-
posed to be a sufficient »}mpensation for the use and hazard of ca-
pital employed in banking. The business cannot be conducted to
DigmzecDy Google
W [Annncr
As paUie adrtatag* without ineumBg more or ten kuard be-
7<Kid tbo ordinmry riskt attached to mortgage MCoritiea or pnMic
ftocki. The flactoatiooi of boHiien will prodace Iomm against
which BO degree of caution can powiUy guard, and KXBe instanoea
have receotly oocorred which will profaiAIy reiok in lonei of from
fifteen to twenty per cent of capitcf.
Believii^ that the profit* of banking have generally been over^
rated by lookwg at aoine ioatancca of large diridenda, without ea-
timating the whole in ctHnpaiiuD with capttal^ we have eom{Hled
the following italement of the divideodt of the aeveial clasaea of
ioatitutioni for the last four years, by which the average profits re-
alised by the stockholders in these institutions will be readily seen.
Tha average drridends of all the banks for the last three years
has been TjVr pv m"*-
Amount of Ral
dividends.
>6»1.
9 country banks, capitals of
•100,000, and under, . . .
9 do capitals over $100,000, and
and not over $300,000, .
10 do capitals over $300,000,. ..
Total,....
1833.
If country banks, lit class, as
above,
11 do 3delass
11 do Sdclan,
1 S New- York city banks,
Toul
I88S.
10 oonotry banks, Itl claaa, . . . .
14 do Sd class,
11 do Sd elan
Id New-York city banks,
Total,.
18S4.
30 country banks, 1st class, . .
SI do 3d class, . .
IS do Sd class,..
IS New-York city banks, . . .
Capital
1,395,000
S,7&0,000
•6,035,000
ti,B80,00e
1,745,000
4,169,600
11,311,300
31S,90S,800[3t,879,Se3
•1,880,000
3,315,000
4,160,000
13,111,
•30,875,600 •1,608,403
•1,980,000
8,430,000
4,710,600
18,611,300
Total •33,780,800
•80,600 9.14
117,180
330,000
•527,080
•158,500
163,030
363,566
695, 165
$107,
306,
•206.
200.
409!
8.49
8-80
9-43
0.34
9.M
10.65
8.38
7.e«
10.40
,000
8IS
49!^ 8.97
7.U
8.1fi
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No. 74,] SI
Tbe dividendi takeD for a tarieB of yew are suppoied to afibrd
a fair teit of the actual profit! realized. la ihe foregoing table, all
the extra, ai well a< ordinary diTidenda are included, the fwmer in
some instances being very large, and the accumulation of several
years; and we believe, from our knowledge of the condition of the
banks, that the dividends of these four years are about equal to tbe
profits aetoally made, and as much or more than they would pro-
bably be able to divide in future, if left unrestrained by any new
provision of law. During this period, bniioess has been uouBually
active; the increase of banks has given an impetus to banking bu-
siness, which, in tbe country especially, has brought in a lai^
amount of untried paper, upon which losses must occur that are
not now discerneble.
The contributions to the Bank Fund, so long as that fund re-
mains unimpaired, are not charged as a tax upon the profits of the
institution. Had these payments been considered as losses, the
annoal dividends must have been a half per cent less; and should
the fund hereafter be made liable for lasses, the amount of such
losses will lall upon the di&rent banks in proportion to tbe amount
of their contributions, and of course affect their dividends.
It is the country banks whose profiu will be most affected by tbe
snppresiion of small notes, and those of the least capital most seri-
ously. Their profits are now the largest, and the measure would -
therefore tend to equalize the profits of baoking in tbe State. Up-
on the supposition that two millions of bank paper would be dis-
placed by specie, the diminution of profits would be equivalent to
the interest of (hat amount, ortl40,000. This sum divided smong
the country banks, whose capitals ambnnt to about twelve millions,
would be something over one per cent, and its effect upon the
small banks would probably be equival^t to a diminution of near
two per Mnt of tiieir profits.
The limitation of issues to the amount of capital, would still fur-
ther affect the profits of the small institutions, and those only. —
Their circulation at this time is unusually low, that of the •100,000
capitals averaging only about •138,000. It has formerly been,
at this season of the year, coasiderably more. In 1831, it was
•148,000; in 1832, •160.000; in 188«, •160,000; and in 1684,
•154,000. On the 1st of July last, it was only 113,000.
.coy Google-
Looking at their prewnt condition, it wonM •eem that after the
withdrawal of ima)! bills, their circulation woald of itself aink to
about the amount of capital; and taking the avarage of rbe year,
. it probably mi^t; bat the eflbct oi limiting the maximum at tliat,
would be t0 sink the ararage considerably lower. The power of
expansion, to some cooiidenble extent, as Uie wants of busineai
may require, ia one of the most raloabla to the community, which
the banks possess. Their legitimate use is to furnish money- for
short business operations, which M«y nan do at a pro6t, by ex-
panding their circulation, while indiridusU cannot aSbrd to keep
money on hand for such ocasional and temporary purposes.
Limiting the circulation of a bank, therefore, to an amoont
which it can at all times sustain, has a tendency to drive from it
some of its most legitimate buiineu, and to impair its naefulDeas
to the public. The tendency of It also, instead of discouraging
the application for more banks, woold be to furnish an additional
argument for their increase. If the measure should be adopted,
it would be advisable, in our opinion, to permit all the banks o{ a
less capital than (200,000, to increase their capitals to that amoont,
and even then 4re should doubt the ezpedieacy of fixing the limi-
tation at less than once and a half the amount of cafHUl, as was
done in the charters granted at the last session of the Legisla-
ture.
The efiect of limiting the loans and discounts to twice the
amount of capital, would probably be to causa something of a
contraction and pressure. Last year in the aggregate they ex-
ceeded that limit a trifle, and this year they stand very near that
limit
The contraction would be produced by the euttailment of those
banks whose debts should be above the limited amount, and the
pressure would be but little diminished by those accommodstioDS
which it would be convenient to obtain at o^er banks, except in
the cities, and even there some agitation would probably be caused
before the equalization could be eflected.
So far as the interest of stockholders would be e/Tected, the eA
feet would not be very important, and to them we should think it
would bo, rather a matter of indifference, for in most of the cases
•where the debt now exceeds twice the amount of capital, it it by
the use of funds upon which they ate paying interest. Certaioly
they would have no reason to complain of the limitation if the
.coy Google
No. 74.] as
bank upon its own reiourcei ibo'uld be Me to luataiD a deftt of
twice the amouot of its capital.
The banks now have upwards of •3,800,000 belonging to the
Canal Fund, upon which they-are paying interest. They can only
afford to pay this interest by being enabled to reloan the money, and
those which conid keep up their debt to the limit without the aid
of such funds, would of course return them. The State has an
interest in the productive as well as safe investment of this fund,
and possibly, should the limitation be adopted, it may be deemed
advisable to make an exception in favor of those banks having
loans from that fund, to the amount of such loans. A similar ex-
ception may also be regarded as proper in respect to the public
depositea in the deposite banks.
It is with regret wc have to state that the practice referred to
by the Governor in his annual message, of discounting paper pay-
able in the cities, and charging the premium of exchange upon its
renewal, has prevailed to a considerable extent among some of
the banks in the western part of the State. It is denied by the
officers of the banks alluded to, that such operations have been
made in pursuance of any previous understanding to that effect,
with the borrowers: But whether done in pursuance of such an
express understanding, or socooimonly, as to be generally under-
stood as a rule of the institution, and a course of business courted
and favored by it, wc esteem the practice equally reprehensible,
and have ao treated it.
Paper payable in the cities being preferable to that made paya-
ble at home, it is perfectly fair for the banks in the country to give
it the preference in their discounts, when actually bated upon bu-
siness operations, but to compel or encourage the making of such
paper, for the mere purpose of being able to exact a premium
when there are no funds provided, or expected to be provided in
the city for its payment, can be nothing less than an evasion of
the law, and in many cases, grossly oppressive upon the borrow-
ers. In that section of the State money has generally been worth
more than the legal rate of interest, and when that is the case,
borrowers as well as lenders will often resort to devices to evade
the provisions of law: And the instances are not unfrequent, tm
we have been informed by the officers of banks where, knowing
the preference given to city paper, accommodation paper of that
.coy Google
34 (AssltHBLr
detcriptioD hu been discounted, and drafti purchased to take it
up, while to the bank the whole transactiw appeared to be one of
a itrictly bmiDen character. The sale of drafts at a fur prenu-
um ia not of itself obaecUooable, but the banka owe it to the com-
mmuDitjr to furnish those faeitities for the transmission of funds,
at as low a rate as possible. It is not a business which should be
undertaken as a matter of profit, much less shoold it be connected
with the business of discounting paper, and made the means of ex-
acting exorbitant interest. It is true that the practice is not one
which involves a forfeiture of charter by legal proceeding, or would
be the proper snbject of judicial investigation at our instance; but
the Legislature have ample power of correcting any such abuse*
by repealing the charter of the offending institution, and re-
suming the franchise granted for quite difierent purposes. The
efficacy of that remedy as a preventive of further miscondnct,
cannot be doubted; and should the practice be persisted in, we
should not regret to see it applied. No new legislation, in our
opinion, is necessary to prevent the evil in future, and ne bare
reason to believe that the practice is now stopped, and we coDfi*
dendly trust that it will not be resumed. If it should, however,
we shall deem it our duty to apprize the Legislature.
Of the bank capital paid in during the last year, we have found
that more than usual has been borrowed by the holders of stock,
and in some instances, afterwards secured by pledges of the stock
itself. Although there can be no objection to the loan of mode-
rate amounts in anticipation of lunds not immediately available, by
persons who are able and intending to hold the stock, there is al-
ways danger when the persons having the control of a bank, are
indebted for the stock which gives them that control, because ia
cases of pressure upon them, they naturally resort to the instito-
tion itself for accommodation loans, and the operation then be-
comes equivalent to a withdrawal of so much capital by the sab-
stitotion of notes. Wo have always been jealous and watchfal
upon this subject, and do not believe, that as yet, the practice bti
become a serious evil; but in order to do away entirely the rail-
ing of money upon the stock itself, we would respectfully suggeit
the propriety, should any new banks be chartered, of prohibiting
the hypothecation of their stocks for a certain time; perhaps antil
the bank shall have been in operation one year would be sufficient
And we incline to the opinion, that if ^very bank were prohibited
.coy Google
"No. 74.3 S»
-from rec«mng a pledge of the stock of every tftber 'bank in the
State, ai they are now of their own, the proviflioo would be pro-
-<luctive of more beoeficial than injuTlous efiecta.
The public safety and iotereet are belt promoted by having stocks
-of erery kind held by persons able to hold tbem as inveBtmeots.
The capital is more secure, and slock less fluctuating. But the
facility of bypotbecating them, 'feeds the appetite-for stock-jobbing,
and ofteo enables persons to accumulate large amounts-ofthisluDd
-of property, who would otherwise be unable to hold it, and who,
ly means of it, may possess a coatrcA over the insthuticm, which
they could not crtherwise acquire.
The provisions of the Revised Statutes, prohibiting voting upo>
stocks hypothecated, hare done much to destroy the inducement
4o this species of eteok-bolding, but those provisions in «ene cases
oaay be evaded.
fieqwdtftdly sdbmittea,
■C. STEBBINS,
GEO. R. DAVIS,
LEWIS EATON,
Sank CommUnoneri.
{Assam. No. T4.]
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Banks not subject to the Bank Funcl Law.
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ManhstUn Company,.... •3,(WO,000
Fullon bank, 600,000
North Rirer Bank, , 500,000
Delaware and Hudsoo Canal Company 500,000
Chemical Manufacturing Company, 400,000
Dry Dock Company, 260.0DO
Long-Iiland Bank, 300,000
Dutchess County Bank 150,000
Commercial Bonk 300,000
Bank of Rochester 250,000
•5,250,000
Amount of capital brought down, S6,2S1.480
Total capital State banks, '. $31,461,4S0
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STATE OP NEW-YORK.
No. 75.
IN ASSEMBLY,
January 24, 1835.
REPORT
Of the select committee on ihe petition of Holbrook
Anderson for reUef.
Mr. Houghf from the select committee to which was referred,
the petition of Holbrook Aodenon, praying that John Johnion, aii
Indian of the Brothertown tribe of Indiana, may be authorized
hy law to convey to him a ceitain lot of land therein mentioned,
REPORTED:
That the petitioner, Holbnx^ Andenon, aeta forth in hia peti-
tion^ that he wai the owner and in posseBsioa of sixty-five acres
of land, being part of lot No. 73, in the first allotment of New-Fe-
tenbnrgh, in the town of Smithfield, Madison county, under aeon-
tract from Peter Smith for the purchase of the same, and for which
there waa a portion of the purchase money still due said Smith:
That on the 15th day ofFeK 16S3, he assigned said contract to one
John Johnson for the consideration of tliSOO, to be paid by said
Johnson for the same: That on or about the 28th day of April,
1833, sud Johnson paid the sum of •393.19 to said Smith, that
being the balance of the purchase money then due said Smith up-
on sud contract, and also paid the petitioner ^107. 81; making in
all paid by said Johnson, the sum of tSOO. That by mutual agree*
ment between all the parties, the said Peter Smith, by Gerrit
Smith as his attorney, at the same time conveyed the premises by
deed to said Johnson ; and that said Johnson, at the aame time, for
securing the payment of the remaining |600 of the purchase
price for said premises, executed a bond to the petitioner, and a
[Asaem. No. 7ft.} 1
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mortgage upon md preratwt. That aaid JohuoB hai not paid
any portion of nid $M0, and jefnaea to pay the mne, bat is vil-
Gi^ to convey dw premiae* to the petitioaer on beii^ repaid that
portion of the porchaaa SMney paid by him; and that laid Johnson
ii an Indian, betongii^ to the Bnthertown tribe of Indiani. And
die said petition concloda by praying for the pawage of an
act, authmridng and empowering the laid John Johnaon to oonrey
the premisea by deed to the petitioner.
All the facts aet forth in the petition are verified by die affida-
Tit of the petitioner^ and the payment of tbe balance (rf the por-
chaae money then due to said Smith, and the conveyance of tht
premises to said Johnson, is a^so verified l^ the certificate of said
Gerrit Smith. And from information given to yovr commiltee,
they are satisfied, that at the time of die conveyance of said pre-
mises to said Johnson, aod of the execntion of said bead and mort-
gage, the petitioner was not aware that said Johnson was an Indian,
or that said bond and mortgage were void and anavainng. Ywr
commit too are, therefore, of opinion, that the prayer of tbe petition-
er is reasonable and ought to be granted, and they have prepared a
bill accordingly, and diiected their cbairmaa to ask leave to iutio-
danthaMBW.
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STATE OF NEW-YORK.
Wo. 76.
IN ASSEMBLY,
January 24, 1835.
ANNUAL REPORT
Of John P.- Haff and Benjamin Coop&r, two of the In-
spectora of 3L«Bther in the city of New-York.
TO THE LEGIStATUBE OF THE STATE OP NEW*
YORK.
In coinpliuioe with the Revised Statutes, puwd December the
third, 1837, chspter I7tb, title the second, artirJe the ISth, seclios
185th, we, the UDdenigned, two of the impecton of sole leather
for the city and county of New^York, uk leave to report the
number of sides of sole leather by us inspected, from the first
day of Jannary, 1834, to the Slst day of December, 1884, and as
nearly as may be, the value of the same, together with the fees
or emoluments arising from said office.
104,888 sides inspected, of which were stamped
good and best, 155,491, averaging in weight IS
pounds the side, 2,832,385; average price, 16 cts.
the pound, makipg •978,178 40
The number stamped bad and damaged, 88,697, ave-
ra^ng in weight 16 pounds the side, 588,465
pounds, averaging in price 13 cents, making 70,014 60
Total valuaof good, best, damaged and bad, 9448,798 00
[Assem. No. 76.] 1
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r [Ai
Tfee unoont of f&ei for faiiq>ectliig lM,a88 ridM tt S
cenU the tide, will be •8,887 79
From UuB amooot «« hkTe piid fmr Um Um of labor, SOS 51
LeaTing a balance of ftSjSM 2&
Thii balance divided between na two, will leave the
amoanl of feoa for ewih, #1>W3 131
Tlw abova ii re^ieetfiilly mbmitted.
JOHN P. HAFP.
BENJAMIN COOFER.
JVew-Forft, JoNiMry IT, lUft.
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STATE OF NEW-YORK.
, No. 77.
IN ASSEMBLY,
January 24, 1835.
REPORT
Of the select ctmunittee on the bill relating to the
court of c<»nmon pleas in the city and countj of
New-York.
Mr. Wetmore, from tha select committae, to whom wu refer-
red the bill uithoriziiig the clerk of the city «nd county of New-
York to procure a book of record, and to traiucribe jadgmentf
therein,
REFORTBD:
That a repreae&tatioti has been made to them by the mayor,
fint judge, recorder and clerk of the dty and county of New-
York, stating that " the docket book of jodgments for the conrt of
comnon pleas for the city and county of New-York, comprising
the years 1830 to 1836, inclusive, requires to be transcribed, as its
dil^ndated state, from constant use, will soon render it entirely
useless."
The OMnmittee are satitBed that necessity exists for legislative
action on this subject, and therefore respectfully recommend the
passage of the bill.
[Assam. No. 77.]
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STATE OP NEW-YORK.
yo. 78.
m ASSEMBLY,
January 34, 1835.
ANNUAL REPORT
Of Eldridge Havens, Inspector of Beef and Pork for
the county of Wayne.
TO THE LEGISLATUBE OP THE STATE OP NEW-
YORK.
DoriDgths yeusndingonthe first dajr of Janmry, 168S, I bare
inspected
fl68 baneb or pTisae pork, worth 98 per tmrrel,..-" •5,604 00
BIT " mess pork, worth 19 " 7,404 00
M " shooMers, 7 " 183 00
II " ehope, • " MOO
AmooDt, 912, 056 00
SI baneb of prime beef, worth |T per barrel, 9147 00
10 '■ messbeef, 10 " IM 00
•337 00
Amount of my fees daring said time, is.... 9846.50.
ELDRIDGE HAVENS, tupecuir.
Pabm/rOf Januay SO, 1686.
[Assam. No. 78.] >
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STATE OF NEW-YORK.
No. 79.
m ASSEMBLY,
January 24, 1835.
ANNUAL REPORT
Of Isaac Sherwood, an Inspector of Sole Leather for
the city and county of New- York.
TO THE LEGISLATURE OP THE STATE OF NEW-
YORK.
Isaac Sberwood, one of the ioBpectors of sols leather for tho
city and county of New-York, does very respectfully report, as
required by the Xiegislature, that he has inspected, during the year
1834, 160,313 sides of sole leather, of the average weight, valuQ
and quality as follows:
188,206 sides of good aod best stamp, averagiog 16
pounds, value 16 ceots, the number of
pounds, 3,088,090, amount to 9334,004 40
21,107 sides of damaged and bad stamp, averaging
14 pounds, value 12 cents, the number of
pounds, 295,498, amount to 35,459 76
160,313 sides. Value, ^9,554 16
The whole amount of weight, 3,383,588 pounds.
Amount of fees for inspecting 160,313 sides at 2 cents, 93,206 36
Amount of cash paid for labor, 627 54
Being deducted, leaves the amount of •3,378 73
All which is respectfally submitted.
ISAAC SHERWOOD, Inspector.
JiTeuhYori, 1st mo. SOlA, 1835.
[Assem. No. 70.] 1
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STATE OF NEW-YORK.
No. 80.
IN ASSEMBLY,
January 26, 1835.
REPORT
Of tlie dHmmttee oa frays and meauB, tm the bill to
incorporate the Young Men*8 Association.
Mr. Cash, from the committee oa wayi and meaai, to whom
WRfl referred the bill flotitled " An aci to iDcorporale the Young
Men'f Auociation for Mutual lesfoxivemeDt, ia the dty of Alha-
ny,"
REPORTED?
That the otrject of the bill, ii the incorporation of an anoda-
of young men, in the city of Albany, for mntna] improvement,
with the privilege of holding, by purchase, devise, or otherwise,
real and personal property to the amount of fifty thousand dollan.
This bill was introduced into the Senate, at the last session of
the Legislature, by the committee on literature, on the memorial
of the Young Hen's Association of the city of Albany, which sub-
sequently passed that body unanimously. (See Senate Journal,
1884, page S48.}
Its failure io the House at that time, in the opinion of one of
the members of your committee, who has a very distinct recollec-
tion of the circumstance, was owing to a thin bouse — nearly all
the members present voting in favor thereof (See Assembly
Journal, 18S4, page 984.)
Yoar. committee have carefolly examined the object, tendency,
bearing and provisions of this bill, and can discover no possible
[Assem. No. 80.] I
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nMMi wiy the nme maj not beeoma a law. Tbay, therefore,
awniimoiuly recommend iti paauge, with u additional sectioii,
which they hare annexed, empowering the Legiitatare al any
time 10 alter, modify or repeal th; eame.
AH iriiidi ii reqfieetfnlly lobnutted.
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STATE OF NEW-YORK.
No. 81.
IN ASSEMBLY,
January 34, 1835.
ANNUAL REPORT
Of Daniel Dieterich, an Inspector of Sole Leather
in the city and county of New- York.
TO THE LEGISLATURE OP THE STATE OP NEW-
YORK.
Daniel IKetericb, <me of the lospecton of sole leather for the
city and county of New- York, herewith presents hia annual ac-
count of inspection; the number of sides of sole leather inspected
during the year 1884, their average quality, weight and value, viz:
33,849 sides of good and best stamp, averaging IB
pounds, the number of pounds, 492,735,
valued at IS cents, $78,887 SO
3,840 sides of damaged and bad stamp, averaging 14
pounds, the number of potmds, 80,760, va-
lued at IS cents 4,771 30
35,089 ndes. Value, $83,008 80
The whole amount of weight ,. 683,406 pounds.
Amount of fees for inspecting 86,689 aides at 2 cents, . . . 0t\S 78
Paid labor hire, 178 44
Being deducted, leaves the amount of i.. •685 84.
All which is respectfully submitted.
DANL. DIETERICH, Inspector.
A^te-Forft, January 90th, 1836.
[AHem. No. 81.] 1
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STATE OF NEW-YORK.
Wo. 82.
IN ASSEMBLY,
January 24, 1835.
ANNUAL REPORT
Of George W. Ounn, an Inspector of Beef and Pork
for the county of Cayuga.
TO THB LEGISLATURE OP THE STATE OP NEW-
YORK.
The nndenignml would respectfully report, that he hu, for the
you esdiog the fint of January, instant, inspected one handled
and ninety .one barrels of beef, viz:
13S barrels mess beef, value per barrel, #7 00
OS " prime beef, '* 4 SO
Also inspected eighteen barrels of pork, via:
10 barrels mess pork, value per barrel, 913 00
8 " primepork, " .< 0 00
Fees, MO. 00.
GEO. W. GUNN, huftoar.
KtKgM Arry, Osyi^ CO. Jantuay aOM, 18S0.
[Assam. No. ta.}
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STATE OP NEW-YORK.
No. 92.
IN ASSEMBLY,
January 39, 1835.
REPORT
Of the select committee on ike petition of inhabitants
of the county of Je^erson, reladve to the inspection
of fish in said county.
Mr. Farwell, from iba select committee, to whom was referred
the petitioo of tuodry inhabitant! of the coanty of Jefierson, pray-
ing for a repeal of the law relative to the inspection of fish in said
county,
REPORTED;
That the petitioners set forth in their memorial, that nine^tentlH
of the fish caught in said county are herring': That the average
price at which the same are sold, is two dollars per barrel: That
they are generally, and almost entirely, put up in the month of
November, for winter use only, in that county and the counties
'ConUguouB thereto: That these fish are very tender, and the
mode (adopted and sanctioned by the present inspector,) in which
they are put up, renders it impossibte to repack and overhaul
them for inspecUon without materially injuring them: That the
inspectors, knowing the use for which they are intended, have per-
mitted the owners and occupants of fishing grounds to pack the
fish OS caught from time to time, leaving the barrel open. These
fish require immediate packing when caught; and the extent of
territory over which the fishing grounds are stretched, and the un-
certainty of success rendering the presence of the inspectors im>
practicable at the owners grounds, necessarily demand that the fish
shoald be packed, in most cases, in the absence of the inspector.
[Assam. No. 93.] 1
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He therefore visits the difiereat p)ac«fl of fishing u oftea u he-
Jeems neeessRry, and makes such examinatioa as circnmstaDcev
will admit. This, of course, c&n bo but of a partial and limited
aature, the situation and character of the fi«h being auch, that nn
overhaaliog and re-packing, which alone vould ensure an ample'
inspection, would materially injure them. After such examination,
he puts his mark en the barrel, which iS' deemed a permit to bead
them up, and at some future time the brand is added.
The petitioners also allege, that the mode of inapection above
mentioned, which is the only one practicable under these circum-
stances, is of DO benefit either to the vender or consumer, in as
much as it afibrds no guarantee against imposition, wbiTe it sub-
jects the owners to a burdensome tax,- wholly disproportionate to
the value of the article. They also assert, that this mode of in-
spection is so geaeraUy known, that the inspector's brand is not
cooaidered as an evidenee of the- good quality of the fish.
They consider such inspection entirely useless, and diat it is ne-
cessary, at all times, for the vender of Uie fish to guarantee the
quality of the same, which, in their opinion, supersedes the ne-
cessity of inspection. They express great confidence, that indivi-
dual competition will be more likely to correct any abuses than a
mere compliance with the letter of the present statute, or any oth-
er requiring inspection (and which is all that the circumstances
above detailed will permit,) without fulfilling its spirit; they there-
fore ask for a repcarof the laws in relation to the inspection of
fisbj so fiir as regards the county of Jefferson.
Your committee have attentively examined the fticta stated in
the said petition. Their general knowledge of the (acts referred
to, and their acquaintance with many of the petitioners, among
whom they find the name of one of the inspectors, satisfy them that
the inspection of fish as now practised in said county, is the only one
practicable under the circumstances: That such inspection is of
no use, being no guarantee of the quaFity of the article, and that
the present law imposes a heavy burden on ihe citizens of that
county, without producing any benefit
Your committee are, therefore, of opinion, that the prayer of
the petitioners ought to be granted, and have directed their chair-
man to introduce a hill accordingly.
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STATE OF NEW-YORK.
JVo. 9S.
IN ASSEMBLY,
January 30, 1835.
COMMUNICATION
Fnm the Chancellor hi smwer ta a reaolation of the
Ajwemblj.
7!> au ^fhr •/ Its Jaiembfy::
I bava Um hoaor to endota a raport io auwer to <1m raaa*
latioa af tlw Houm of tba 14th initaat
Youn TeipectiaUy*
R. HYDE WALWORTH.
-lOaay, JaaaaijfOI, leu.
{Aaiam. Na 8».j
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REPORT, &c.
TO THE HONORABLE THE ASSEMBLY OF THE
STATE OP NEW-YORK.
In pvrwanoe of tbe reaolntioH of the 14th of Jftnoary iniUnt,
vequettiRg ihe Chancellor mad Chief Jtutice of the Soprema Court
<o inform the Houe of the present state of bwinest in their re-
spective court*, and whether, in their OfMnion, there i* juit groundi
for oompkiftt as to extraordinary .delays in i^pect to the hearing
and expediting the ^teciaion of causes; and if so, to report to the
honorable the Assembly such a judicial system as wiU be adequate
to perform with despatch, Ihe business which will probably have
to be transacted before the judicial tribunals, the QiaocaHor r»>
tpectfnlly
EEPORTS:
That lie was absent at his residence at Saratoga Springs, en*
gaged in the examination and decision of causes in the court <^
chancery, at the time of the adoption of the above mentioned re>
solution, and did not receive the same until his return to this city,
to hold court, about a week afterwards. This fact, and tbe time
which was necessarily consumed in obtaining information as to
the state of the business in the court of chancery, as required
by the resolution, will account for the apparent delay of the nn-
deniigned in answering that resolution.
For die information relative to the present state of the business
in the supreme court, the undersigned begs leave to refer to the
report of the Chief Justice, which has already been made pursu-
mnt to the resection of the House. It may be proper, however,
to remark, that from the manner is which the entries of causes
are kept, both in the supreme court and in the court of chancery,
it is impossible to ascertain with any degree of certainty the nam-
ber of suits actually pending at any particular period of time, ai
the diacoDtinoance at a soit is seldom entered upon the books ^
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4 [A*«BHBE.T
Ute emrti npon (Is being tettled or eompnMiMed between the par-
tiei. It ftleo •ften bappent, eipeeialty io the eonrt of ehaacery,
that miti are revived nd proeeedad ia bj tbe origioai partiei, or
their ropreKntatives, after the Mma have lain dormaat for many
^ears. The andert^ed Nat, tberafere, eadeavored to ceevey to
the honorable the Assembly, Ibe required iofbrmatioa as to die
present state of busineas in Ao eonrt of ebancery, in ike only
practkabte siodo' within hh power, by statiitg the aomber of tails
filed, the Ramber of patitions, motions and other special applica-
tions made and presented, the namber of appeals from the Vice-
Chaaeellors, and tbe number of decrees, decretal orden and other
■peeiat order* and deeitioos m»je by the CbaoceUor and Vice-C%aO'
eellors dnring the past year, and the BBraber ef causes remaining
•n the calendars at the last stated tenna,-whidi wereaot bean) in
eonseqaencs of their not being reached by the ChanceHor and
Tice-ChanceKora, m dm coarse, upon their aevenU cdendara of
causes set down at ready for argument.
Tbe whole nmnber of bills in chancery filed during tbe year
16S4, was 1,983; of which 430 were filed before the Chancellor,
and the residoe before tbe several Vice-Chaneellora : ^d the
anmber of appeals to the Chancellor frann the decisions of Tica-
ChanceUors, was 88. Tbe namber of appeals to the Chancellor
from the decrees and sentences of surrogates, the nndenigaed has
not ascertained; but he thinks the number must be much less id
proportion. The number of special motions, original and inlerlo-
eutory, petilioni and other special applications, many of which
involve novel and very important qncslions of law and a large
amount of property, and which somcttmea occupy the tinw of tbe
court for several days, was 2,417. And the whole number of de-
crees, decretal orders and other special orders and decisions, nude
during the same period, exclusive of the orders of course which
are entered with the registers and clerks without an actual hearing
of the motion before the Chancellor or Vice-Chancellor, but in-
cluding decrees in calendar causes and upon appc^s, was 3,S&0.
The number of causes not heard at tbe last staled terms, ia coo-
sequence of their not being reached upon the caleodars, was 1S4;
of which, 61 were causes set down for bearing before tbe Chancellor.
It is probable, however, that many causes were in readiness for
hearing, which were not placed on the calendars; ami that oiben
were passed without argument, because Jhe counsel were not in
attendance when tbe causes were reached in course. But it ii abi>
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No. 9fi.] i
proper to obMrve, that ao causes of the fourth clasi were heard at
the last term of the Chancellor: The argument of one cause be-
longing to the third class, however, occupied the court between
three and four weeks. Very few causes of the fourth class are
set dowA for bearing before the Chancellor, except appeal causes;
and the argument of such causes usually occupies the court from
one to three days. The number of causes of this description now
in readiness for hearing, is probably not far short of 100, including
appeals from surrogates. There were, at the commencement of
the present term of the court of chancery, 49 causes which had
been heretofore argued or submitted, and which remained unde-
cided before the Chancellor; and 23 t^ses before the Vice-Chan-
cellor of the first circuit. . It is probable, also, that several causes
which have been argued, remain undecided before the other Yice-
Chancetlbrs. A certain portion of the causes which are heard in
the court of chancery, involve only two or three questions of law
or fact, and can therefore be ^amined and disposed of by devoting
a few hours to the examination of the case, and the preparation of
the substance of the decree to be entelvd thereon; while the ex-
amination of others, and the writing out the reasons for the de>
cree when necessary, frequently occupies the Chancellcu- or Vice-
chancellor two or three days, and sometimes a week. For the
purpose, therefore, of producing inconvenience or injury to the
least possible number of suitors, by the unavoidable delay in the
examination and decision of causes, those liascs which require
comparatively little time, are generally taken up and decided as
soon as possible after the argument; leaving those which involve
a great variety of questions, or which for any other cause will
require a long time for their examination, to be taken up after-
wards in the order in which they were heard. The causes now
remsining undecided, are mostly of the latter class. And if the
other duties of his office would enable the Chancellor to devote
twelve hours in a day to the examination and decision of the causes
now remaining before him undecided, they could probably be dis-
posed of in about sixteen weeks; that is, allowing two days to
each. But as he is engaged about half of the time in holding court,
and must devote a considerable portion of the residue of his time
to the examination and decision of lighter causes, and'other special
duties imposed on him by law, it is hardly probable that these 49
cases can all be disposed of within a year; and some of them bare
already been on hand for a long time.
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Iha report of the Chief Jnstioe sbowB that a portion of the
canw* pending io that coart are naeenarily delayed, for similu
reaiont, or from the want of time to bear the argument thereof.
The undenigned therefore hat no faeaitation in sayiog, in answer
to that part of the resolution of the Hooorahle the Assembly, ihit
some of the suiton in both courts have just ground of complaint that
the hearing and decision of their causes is unreasonably delayed.
But at thei same time he is bound, in justice lo himself and to the
judges of the supreme courts to insist that no part of such delay ii
justly attributable to his or their neglect. The present Chancellor
has held his office nearly seven years; and during the whole of
that period, has not been absent from his office seven vreeks, except
when he was engaged in holding court, or in travelling to andfroo
the places where the courts were held, or in the actual discharge
of some other official duly: And when in bis office, he has been
constantly employed in the examination of causes, and in writing
out the reasons for his decisions in some of the cases, from ei^l
to sixteen hours in each day. The result of a part of such labor
out of court, appears in eleven largo folio volumes of written <^-
nions; five hundred of which opinions have been deemed of snffi-
cient importance lo the public to be published in the chancery re-
ports, exclusive of the opinions delivered by him in the court for
the correction of errors. An examination of the printed reports of
the supreme court during the same period, and the knowledge of
those members of the House who have been in the habit of attend-
ing the' stated and special terms of that court, will be sufficieut to
satisfy the Honorable the Assembly, that the Chief Justice and his
associates on the bench have been as diligently and faithfully em-
ployed. The Vice-Chancellor of the first circuit has been equally
devoted to the duties of his office since his appointment; and il is
also believed that some of the circuit judges, in connect ion. with tbcir
duties as vice^^ancellors, have been obliged to devote their whole
time to the discharge of tbeir official trusts. Of the value of his
own services to the public, it does not become the undersigned to
speak; but in justice to those who are dependent upon him for sup-
port and protection, he has a right to say, that at no time since he
has occupied a seat upon the bench, has the amount of his compen-
sation been sufficient to meet his current expenses, including house
rent and t^e education of his children; and he has been compelled
to expend a portion of the earnings of his former professional life,
which should have been permitted to accumulate for his support in
.cyCTOOgle
No. 96.] ?
old «ge. He has good r«B«on« alio for believing that luch ia the
fact Id relation to the justices of the supreme court.
The real cause of the complaiot of unreaaonable delay in our
higher jadicial tribunals, unquestionably arises from the fact, that '
the judicial establishment of the State is wholly inadequate to the
examination and decision of the numerous and important legal
questions which »>n8tantly arise: And that our judicial officers are
required to perform a greater amount of labor by far, than is ioH
posed upon any other judicial officers in the Vnioif; and as the
undersigned believes, greater than can be performed by them with-
out destroying their healths.
For the purpose of showing that the duties imposed upon our
hi^er judicial officers are unreasonably great, it is only necessary
to compare our judicial establishment with those of our sister States.
It will readily be admitted, by every one who is acquainted with the
subject, that, owing to an extended commerce and diversified in-
terests, the amount of litigation in this State is equal to, if not
greater, than that of any other State in the Union, in proportion
to our population. The whole number of our judicial officers who
receive salaries from the State, including the circuit judges and
the vice-chancellor of the first circuit, is only thirteen; the ag-
gregate amount of their compensations is aboot #31,000, exclu-
sive of the small amount of fees which are received by the circuit
judges, and paid by the suitors. By referring to Boweo's Ameri*
can Almanac and Repository of Useful Knowledge, for ISS5, it
will be seen that this is less by one half than the judicial establi^-
ments of Pennsylvania or Virginia, although those States have but
about two-thirds of our population; and is about the same as that
of Kentucky, while our population is nearly three times as great
Pennsylvania, exclusive of the three judges of the superior court
in Philadelphia, correspiHiding with our superior court for the city
of New-York, has twenty-five judges of the supreme and district
courts and presiding or circuit judges, the aggregate of whose sa-
laries, besides fees and a per diem allowance of four dollars to the
judges of the supreme court while holding circuits, is •48,4M.
Virginia has twenty'-five judges of the superior courts of law
and equity, whose salaries amount to Ma,?^, exclnsive of an al-
lowance of twenty-five cents per mile for travel.
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Ohio, vith a populttion less than one half of ojirt, hu nztcen
judges, whote salaries amount to VlOiSOO.
Nortb-Carolioa hai nina jodgei, whose salariea amount to
•19,500.
Kentucky has nineteen judges and circuit judges, whose salaries
stDOont to the sum of tiO,bOO.
And Tennessee has twelve judges, including the chancellor and
circuit judges, whose salaries are #16,600.
It will also be found, by reference to the laws of those Statei;
that most of their judges receive fees and other perquisites in ad-
dition to their salaries.
It will thus be seen that the six largest of our sister States, the
aggregate of whose population is about twice and a half that of
New- York, hare 109 superior and circuit judges, who receive sa-
laries, the gross amount of which is •167,&86. And if the judi-
cial establishment .of this Slate was put upon an equal footing, in
proportion to our population, it would give to us 87 superior and
circuit judges, and authorize an annual expenditure for their tup-
port of #57,300. If our establishment is compared with those of
the six smallest of our sister States the disproportion appears to
be still greater. For those States, with a population which is
only about three-sevenths of ours, have 44 superior judges, whose
salaries, exclusive of fees and other perquisites, amount to 973,950.
With these facts before him, the undersigned can not doubt that
the people of this State will readily sanction such an increase of
the judicial officers as will bear some just proportion to the num-
ber of judges in other States; so as to enable our superior tribo-
nals to dispose of the litigation whidi must necessarily come be-
fore them. He also believes a judicial force may be organise^
which, with a proper degree of diligent^ on the part of the judges,
will be competent to do all the business, and still leave the nnm-
ber of judges and the expense of the establishment at least one-
third below those of our sister States.
As to the manner o4;,;Pirganizing the judicial force of the State
so as to do the greatest amount of business whh the leaat ioeoo-
venience to the public, great dilTerenees of opinion must neeessa-
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Ife. 06.] «
rily exisL "So conatitutioniil amendment can, tharefore, obtajn
the sanction of two successive Legislatures and the people, unless
it is very simple in its provisions] leaving the details of the sys-
tem to future legislation. If ihc State was divided into two dis*.
tricti, and four of the circuit judges in each were organized into
a court for tTie review, 'in the first instance, of their several deci-
«ions at the circuit, and two more judges were added to tlic su-
preme court, the undersigned is inclined to think those tribunals
vrould be able to dispose of the common law business which would
-come faelbrc them, c»xifini«g suits for sums under a certain amount
to the locAl courts. This organization could be cflected by a sim*
pie amendment of the Constitution, authorizing the Legislature to
increase the uumbcr of justices of the supreme court; and, if ne>
'Cenary to remove any constitutional doubts as to the present pow-
er of the Legislature, declaring in express terms that the Legisla-
ture may organize the circuit judges, or any part of them, into
«uch ourts of original jurisdiction, or otherwise, as may be deem*
ed for the public interest
The undersigned believes an effirient organization of the court
■of chancery can 'be made by legislation merely, without an amcnd-
tnent of the Constitution. The organization which he would re-
commend to the honorable the Assembly, is the same as that
reported by their judiciary committee at the last session, with
perhaps some slight modification as to the arrangement of tho
circuits in reference to the amount of business in different parts
of tho State. This plan is to divide the State into four chancery ,
circuits; the first comprising that part of the Stale which lies be-
low the Highlands, the second, the northern and eastern part of tlw
Sute, and extending west to the counties of Montgomery and Otse-
go; the third, extending west to Cayuga county or the Seneca lake,
and the fourth embracing the residue of the State. That in each
circuit except the first, an efficient Vico-Chancellor be appointed
with an adequate salary, who shall hold his courts at one place,
and devote his whole lime to chancery business; and that the cir-
cuit judges be relieved from the performance of equity duties, to
«iiaUe them to devote their whole time to the decision of common
law suits.
The undersigned acawmpanies this report with the draft of a
bill drawn in conformity with the above suggestions, whidi if
(Absent. No. 05.] t
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Mfqpted f^ Ibo ^-pgiftatorR, win ctirry ipch iww ch^peery PTftem
into fflect without oliering the practice of the court froiQ t^
which oow exist* uader the provisions of the Revised Statute
Air which is respectfully submitted.
^ I^YDE WALWOI^TH.
Jaafwn ^^ IMS.
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A!»ACT
To reorganize the chancery circuits, and to provide
for ihe appointment of additional Vice-Chancel-
lors.
7%e l/'et^ie 0/ Me Slate 0/ Jfiw- Tm-i, r^jtretentul m iSknaU dkA
S I* For iM ^rpoH of administn'ing jmtke in tbs court of
dMoeef jr, the ctste u divided into four cfaaneery circoitv, u fot^
loin:
The flrtt cireait td cdrttpriae the cooirtie* of Soflfotk, Quoen^
KIngi, Riducnia4, New-York, Westchester md RocUand;
The second cireait to comprise the counties of Petnam, Dutch*
4M, Ornige, Ulster, SuMivkn, Dclewarev Cojumbia, GreeAe, Alba*
iiy, Riansvelaeri Schoharie, Schenectady, Saratoga, Woriiington,
Warrcni, E!«mx, Clinton and Franklin.
The third circuit to comprise the' countiei of Hloritgbinei^,
Hamilton, St Lawrence, Jefferson, Os'wcgb, Le'wis, Oneidn, tier-
lUMcr^ Onoadtgi, Marion, Oaegov (SiettMgDy Cortlnod lind
And the fourth circuit to comprise the couDties of Tioga, S^Wtt-
ben, Tompkiaf, Seneca, Ontaio, Ytrtet^ Wajme,- LivmgiYoo,
Monnxt, OeaeeeVf Oriedni, Ni^gara^ Erie, A41e8imy, Cattaraogu*
and Chautauque.
0 S. fK ciltch' CHU1C617 eireuif there ihatl be an officer of ditf
court of chancery, who shall reside within the circuit, and be do*
OMnioated the vice-chancellor of such circuit He shall be of the
depee of counsellor in the court of chancery; shall be appointed
in the lame manner, and hold his office by the same tenure, as tlM
cireait judges.
2 8. The present vice-chancellor of the first circuit, residing in
the oity of New-Vork, ihall be vice-chancellor of the first cbtn*
eery drcoit, daring bis contioutnce" in pace.
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S 4. Th« Tice-channellor of the first diancery circuit ■hall re*
rSivc "he salary i)o\v allowed by law to the present vice-chancel-
lor of tini first circuit; and the vice-chancellor of each of the
other chancery circuits shall receive the same salary as is or may
be allowed by law to the cinwit judges, and to be paid in the sanie
manner.
S 5. From and after the first day of June next, the vice-chaa-
eetlora of the several chancery circuits, shall, within their respec-
tive circuits, have and exercise the jurisdiction and poWCn, and
perform the duties which, by the Revised Statutes or otherwise,
are conferred upon, or required to be performed by, the circait
judges as vice-chancellors, oc officers of the court of chancery;
and as to such jurisdiction, powers and duties, shall be aubstitnted
in the place of the circuit judges within their rospective chancery
-circuits: And all the provisions of law which are applicabli
to the said circuit judges as vice-chanceltora or officers of tbo
court of chancery, shall be considered as applying to the vice-
chancellort of tho several chancery circuits.
^ 0. All causes and matters in equky which shall be pendiag ia
the court of chancery before any of the circuit judges af vice-
chancellors, or officers of the court of chancery, on the first day
of June next, shall be transferred to the vice-chancellors of the
several chancery circuits, as follows:
Those pending before the circuit judges of the second, third
and fourth circuiu, to the vice-chancellor of the second chancery
circuit:
Those pending before the circuit judges of the fifth and sixlh
circuits, to tlie vice-chancellor of the third chancery circuit:
And those pending before the circuit judges of the seventh and
eighth circuits, to the vice-chanccller of tho fourth chancery cir-
cuit.
j$ 7. Such causes and matt^i in equity may be proceeded in be-
fore the vice-chancellor to whom they are transferred, in the same
manner as if they had been originally instituted or commeDced
before him.
S 6. The vice-chancellors of the several chancery circuits shall
hold four stated terms ia each year, at such times as they shall re*
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NO.M.] IS
tpectively appoint, and w aany ipecisi t«nna «■ tbey shall deem
proper; which stated terms when to appointed, shall remain unal-
tered for two years.
S 9. The stated terms of the vice^aneellor of the first chan-
cery circuit, shall be held at the city of New- York; those of the
vice-chancellor of the second, at the city of Albany; those of the
third, at the city of Utica, and those of the fourth at such place
within the circuit as the vice-chancellor of such circuit shall ap-
point; which place when so appointed, shall remain unaltered for
two years.
S 10. The register of the court of chancery shall attend every
court held by the vice-chancellor of the second chancery circuit,
and shall be the clerk thereof; and the assistant register shall at-
tend every court held by the viccchancellor of the first chancery
circuit, and shall be the clerk thoreofl In the third chancery cir-
cuit there shall be a clerk of the court of chancery, who shall re-
side at the city Of ITHca* shall attend every court held by the vice-
chancellor of such circuit, and shall be the clerk thereof; and in
the fourth chancery circuit there shall be a clerk of the court of
chancery, who shall attend every court held by the vice-chancel-
lor of such circuit, and shall be the clerk thereof; and shall keep
an office at such place as such vice-chancellor dial] direct
0 II. WttbiD ten days after the first day of June next, the clerks
in chancery who arc not continued in office, shall deliv er the seals
of the court, and the books, papers, moneys and securities in their
hands as such clerks, as follows: Those living in the second chan-
cery circuit, to the register, as clerk of that circuit; and those
living within the third and fourth chancery circuits, to the clerks
of such circuits respectively: And the register or clerk in chance-
ry lo whom SDch securities are directed to be delivered, may •
maintain atiiu thereon as successor to such former clerk.
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STATE OF NEW-YORK.
No. 96.
IN ASSEMBLY,
January 27, 1835.
INTERROGATORIES.
AddresBed to the Presidents, Cashiers, ud other offi-
cers of the seTeral Banks under Uie Safety Fund
Law,
STATE OF NEW-YORK, »
In Assbhblt, Jan. 37, 1835. {
JteMAred, That tho standing committee ob the incorporation and
•Iterattoa of the charters of banking and insurance companies be
instructed to address interrogatories to the presidents and cash-
ien, or other officers, of the several banks under the Safety Fund,
(except those in the city of New-York,) requiring immediate an-
fwert in writing, to such interrogatories, under oath, touching the
practice peferred to in the Governor's message, of exacting pre-
miama on drafts as connected with the business of discounting,
mod alto touching the practice, if any such exist, of causing their
cuatomers when applying for loans, to make the notes offered for
discount payable at a distant place on which such banks mny be
in the habit of selling drafts at a premium, and also touching any
other practices inconsistent with fair dealings on the part of these
institutions towards the public
And it is further resolved, That the said committee have power
(•faoald they find it necessary) to send for persons and papers, and
that they report to this House the result of their investigations
with all convenient speed.
By order,
P. REYNOLDS, Jr. Clerk.
[Amtm. No. M.] l
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[AaSEMBLT
INTERROGATORIES,
To be addretted to the prendenU, eaahiera, or the other oficen •/
the $eiierat banki in this State under the Safety FumJ, {except
those in the eity of- Ji'ev-York,) under the resolution upon that
tvbject adopted by the .SuetrAh/, January 27, 1835.
IbL Hbs the bank of which yoa are ao officer, when applied to
for the chscouDt of paper, compelled, required, encouraged, or re-
commended, directly or indirectly, the person so applying, to make
his paper payable at places on which yonr bank was in the habit
of selling draAs at i premiuinT
2d. Has yoar bank refused to make discoontt aolcn tke paper
■o offered was made payable at Atbany or New- York t
8d. Has yonr bank disconnted paper payable at either Albany
or New-York; the officers of the bank, or any of them; knowing
or having reason to believe, that the person properly liable for the
payment of such paper, would not have ftinds at its ooaturity, at
the place of payment T
4th. Has yonr bank disconnted snch paper, payable at Albany
or New-York, the ofEcers of the bank, or any of them; knowing
or having reason, to believe, or expect that the person obtaining
the discount, would, previous to, or at the maturity of his paper,
purchase of your institution 4 draft to be used in the payment of
■uch paper so discounted by you t
6th. Has your bank disconnted such paper, payable at either
Albany or New- York, under an express understanding or arrai^e-
ment with the person obtaining the discount, that he or any other
person, should, at the maturity ot the paper, purchase of your
bank a draft on the place at which his paper was so payable 1
eth. Has your bank discounted a draft or note, the officers of
the bank, or any of thorn, knowing or having reason to believe
that the proceeds of such draft or note would bo applied to the
purchase of adrafi from your institution at a premium; to be used
for the purpose of taking up a previously discounted draft or note
belonging to your institution 1
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No. M.) 9
'ftti. Hm yo«r bank sold adimft or drafts, the officers of tbe
bank, or any of them, knowing or having reason to believe that
' tile draft or drafts so sotd, were to be used or applied to tbe pay-
ment of any note or draf% due to yow bank, and payable at Alba-,
ny or New-Yoit !
8ik. What amount has been received by yoar bank fM* preini-
ums on drafts sold by yon during the last year ?
9th. What proportion of the drafts sold by your bank, during
tbe last year, has been applied as payment upon debts, notes or
drafts due to your bank 1
lOth. In how many instances has your bank, during tbe last
year, sold drafts to be used by tbe purchaser in paying notes,
drafts or debts due to your bank t . •
11th. Has your bank ever discounted paper, the officers of the
bank, or any of them, expecting, or having reason to believe that
your bank would be enabled to sell to the person obtaining the
discount, a draft at a premium, (o be used by him ia tbe payntant
«f his discounted paper J
12th. Has your bank, in all instances, sent or remitted the pa-
per discounted by it, to the place of payment I
18th. In any instance when you have not so sent the discounted
paper to tbe place at which it was payable, has your bank or any
of its (^cera required or received the premium on a draft or drafts
«p(n tbe place where such paper was payable T
141b. Has your bank, when such discounted paper has not been
«ent to Ae platte of payment, required or received tbe payment of
•aiy charges for postage, protest or other disborsements, aa con>
neeted (ottft, or claimed, as accruing upo* such discoantad paper 1
l&th. How long has your bank pursued tbe business of requir-
ing the paper of your customers, or a portion of them, to be made
payable &t Albany or New-York, and of selling dhifts to pay such
paper?
16th. If you have danated from this kind of bosinass, when did
you so desist t
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[7tA. Hsre yoa, as an officer of the bankr beeik admMwhed or
advised, that the btuioeaa of requiriog paper payable at a distant
place, for the purpose of enabling the bank to sell a di^t to takv
up such paper, was improper, and should be diacoDttaaed 1
18th. Have yoa used the funds of your bonk, or procured money
from your back, with which you have, (or you private beaeGt, pur-
chased paper at a discount beyond the legal rate I
19th. How many note* or drafts has your bank received or dit'
counted within the ninety days next preceding January 1st, 18SS,
which are payable at Albany or New-York T
20th. Has your bank appointed, authorized, or in any maoDer
employed an agent or agents, for the purpose of procuring, recon>-
mcnding, or receiving po^r for discount, with the nndcrslaDdinf(
on the part of the bank, or^oy of its officers, that such agent shoald
charge to, or receive from the person applying for, or obtaining
the discount, any commission or compensation for the services of
such agent; and if so, at what rate 1
Slst. Is your bank in the practice, directly or- Indfrecdy, (rf* re-
quiring those who obtain discounts from it, to make their payment*
in the notes of banks other than your own; and if to^ for what
reason t
32d. Has any paper been presented at your bank for d
been declined or refused, and the same subsequently preaenled by
a broker or any other person, and discounted; and has any officer
of your bank participated, directly or indirectly, in the pn^li of
the endorsement or brokerage of any such foxier, or any other
paper presented at your bank for discount 1
S8d. Have any loans been made by diacounta or otbervriae, to
uiy broker for the business of exchange or brokerage, in whkk
any officer of your hank was interested, directly or indirectly; aol
if so, what is the amount of such loans for the ninety days next
preceding January 1, 1885 1
24tb. Has your bank employed any broker or broken or olber
person or persons in the city of New- York or elsewhere^ and foi>
Dished him or them with funds for the purchase, at a dlacoont, of
the bills of yoar bank with the view to gaini
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No. M.] 6
ftStb. Hu the baok, of which you are an officer, or any of its
officers made it a condition, directly, iodirectly or impliedly, of
the ditcountiDg of any note, draft or other evidence of debt, that
the borrower ihould receive therefor, the notes or bills of other
bank or banks, at par — which notes were not at the time current
or of par value at your bank; or the notes or bills of banks out of
the United Slates, or out of this State, which' 'were not at the
time current and bankable at yonr institution t If yea, have such
depreciated notes or bills been received or taken by such borrower
of your bank, or any officer or officers thereof, at par, in pursu-
ance of such Qnderslanding or condition 1 What amount of such
depreciated paper has been so paid out by your bank or any of its offi-
cers or agents on behalf, or for the benefit of the bank \ What was
the current value of such paper at the counter of your bank at the
time it was so paid out T What was the current value of it at the
town, city or village where it was bo paid outT And was the same
received or taken by your bank, or any of its officers, or agents, on
behalf or for the benefit of your bank, At less than par; and if so^
at what per cent discount t
3dth. Has yonr bank, by any of the practices alluded to in the
foregoing interrogatories, or by any other means, (and if so, by
what means,) adopted a course of business, with the intention on
the part of its officers, or any of them, of receiving mora than the
legaL rate on paper discounted by you ^ ■ .
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STATE OF NEW-YORK.
No. 97.
m ASSEMBLY,
January 30, 1835.
REPORT
Of the committee on the judiciary on the petition of
inhahitants of the town of Whitestown, for the ap-
pointment of a master in chancery, to he located ^t
Whiteshoro', Oneida county.
Mr. Krum, from the committee on the judiciary, to which irai
referred the petition of lundry inhabitants of the town of Whites-
town, in the county of Oneida, for the passage ot a'law authoris-
ing the appointment of a master in chancery, to tw located at
Whitesboro',
REPORTED:
That the petitioners represent, that there is, at present, one mas*
ter in chancery in tho village of Veroon, and two in the city of
Utica.
From a knowledge of the feet, that the village of Whitesboro'
is but four miles from the city of Utica, the committee are of opi*
Dion, that no serious inconvenience can result from refusing the
prayer of the petitioners, and that it would be imprudent, and
against good policy, to mulliplr those offices, unless in very special
cases. Your committee are, therefore, of opinion, that the pray>
er of the petitioners ought not to be granted.
[Assem. No. 97.]
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STATE OF >»EW-VORR.
No. 99.
IN ASSEMBLY,
January 31, 1835.
REPORT
m Hxe cmnimttee od the petition of aliens on the pe-
tition (^ Mary Johnson.
Mr. Paltenon, from the committee on the petition of aliam, to
which wu referred the petition of Mary JohiutoD of FranUiuville.
in the county of Cattaraugat,
REPORTED:
That the petitioner repreienla, that she is in poiseuion of a lot
of land in theaaid town of FranklinTilIe, that waacnnveyed to one
John Johnston and your petitioner by the Holland Lani rnmi'nny:
That the leid John Johnston died without becoming a naturalized
<dtizen of the United States, leaving five childreo, the fniili of his
former marriage, viz: James Johnston, John Johnston, William
Johnston, Margaret Johnston and Bobert Johnston; and that it wai
the undflrstanding between your petitioner and the said John John*
atoD, that the part ot raid land belonging to said John Johnston
abould desoend to, and belong to his said children above mention-
ed.
The petitioner asks that a law may be passed releasing the right
of the State to the abovfe mentioned land to her, and to the above
mentioned children of the said John Johnston, deceased.
The petition is signed by the petitioner, and verified by oath be*
fore Jamea Burt, a justice of the peace.
(Assem. No. W.] 1
- DigitizecyGOOgk-
. Yoor eoramitlw an of ojnirfoii, that m the abare f tJoaed pn- i
BMm wers eonvayed to the petitioner and the nid John JohsstM, ,
and at the petituMwr U oow in fotwiop of aaid preatiaea, then
can be do well ruDoded objectioa to gna^ag the releaae aaked for;
and they have prepared a bill, with auch previaioiu aa aeeaaed pn-
- par to your eommittee, and haYa direetad thair "firnmrr to ad
laara to intredoea Iha tuw.
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STATE OF NEW-YORK.
No. 100.
IN ASSEMBLY,
January 31, 1835.
REPORT
Of the committee on the petitions of aliens* on the pe.
tition of Elizabeth Favie, and others.
Mr. E. Strong, from the committee oq the petitioai of alteoa, to
whom wu referred the petition of Elizabeth Favie, Jaqoe Favie,
Elizabeth Saiaetmeme, Piere Favie and Margaret Botfrout, aliens,
REPORTED:
The' petitiooen represent, thai they are the widow and children
of Piere Favie, late of the town of Le Ray, in the county of Jef'
ferson ; that the said Piere Favie was a native of France, and
had removed to the place aforesaid with a view of becoming a citi-
zen of the United States; that he purchased a farm situate in the
town and county aforesaid, containing fifty acres, and ninety-seven
hundredths of an acre of land, of one William Phelps, and took a
deed duly executed and acknowledged for the same, the considera-
tion having been fully paid, which deed is dated the ISth day of
July, 1S80, and is recorded in the office of the clerk of the eounty
aforesaid, August the 0th, ISSO, in book E 3d, i^ deeds, at page
45S; that the said Piere Favie died at the place aforesaid, on the
17tb day of Angust, 1888, leaving the petitioners, his widow and
children.
The petitioners pray for a law to be passed,- releasing ail the es-
tate, right, title and interest of the people of Uiis State, of, in and
[AsMm. No. 100.] 1
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to the above d«tcribed premisM aforeMu), to the laid petiticMwn,
vMtingthe nma io them, tbeir bein and aaajgni.
Yonr committee are moved to the coaclanoa, that the prayer of
the petitiooera ought to be granted, and have prepared a bill for
that purpoae, which they beg leave to preaent
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STATE OF NEW-YOHK.
No. 108.
IN ASSEMBLY,
January 29, 1835.
REPORT
Of the select committee on the petitim of George
Ohll, to change his name.
Mr. Rooaevalt from the lelect committee, to whom wai referred
the petition of George Ohil to change his name,
REPORTED:
That the petitioner represents (and his representations are dnly
▼erified by affidavits) that he was born in Philadelphia. His father
died when he the petitioner was very young, upon which his mother
married again, to one Ernest Kass, of the city of New- York, baker,
he, the petitioner, being at the time about nine years old. The
petitioner was brought up by his said step-father, and has always
from the time of his mother's second marriage, been called by the
name of Kass, and by that name he transacts business in the city
of New- York. He has a wife, and four (Children under age, who
have always been called and known by the name of Kass. The
petitioner further represents that he is desirous of purchasing real
estate, and of taking the title in the name by which he is univer-
sally known, and therefore prays the Legislature to pass an act,
to change the name of himself, his wife and cbitdren, from Ohll to
Kass.
Your committee, considering that the petitioner and his family ■
have, from the circumstance of the second marriage of his mother
during his infancy, been always called by the surname of his
[Afsem. No. 103.] 1
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■top-father, *nd that tho Dame thni acquired, and loog contimiod
by usage, may with great propriety be established by law, have
ioitructed their chairman to ask leave to iatroduce a bill for thai
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STATE OF NEW-YORK.
No. 103.
IN ASSEMBLY,
January 29, 1835.
REPORT
Of the select committee on the petition of Curtis
Peck.
Mr. Lockwood, from tha lelefit committee to which trat refer-
red the petitlop of Cortis Peck, praying for permiuioh to build a
■uitable vhuf or dock for landing pasMngen and freight from
fleam-boats, in which he ii concerned, in the town of Rye in the
county Wettchatter, ,
REPORTED:
That umilar granta hare been frequently made by the Legiala-
tore of thi« State, for the purpose of promotbg the commercial in-
tereoniM of the inhabitanti and fadlitating the trantportation of
goods.
The committee are enabled to stale the following facts, to wit:
1. The said Curtis Peck now owns the land adjacent to the place
where it ia proposed to build the said dock or wharf,
a. That there is at present near the same place a sort of bridge,
dock or wharf, which has been used for several years for the pur-
pose of landing paisengen, goods, &c, and which is at all times
•itrefoely inconvenient and sometimes dangerous.
The committee have, Uierefore, unanimously come to the coo-
dnsion that the prayer of the petitioner ought to be granted.
They have prepared a bill, and directed their chairman to a^
^ leave to introduce the same.
[AsMm. No. loa.] 1
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STATE OF NEW-YORK.
JVo. 104.
IN ASSEMBLY,
January 31, 1835.
REPORT
Of the ctnnmittee on claims on the petition of Chaon-
cy Persons for relief.
Mr. M. H. Sibley, from the committee on cUimi, to whom VM
referred the petitioD of Chauocy Persons for relief^
REPORTED:
The petitioner represents that, in December, 1828, he ivas one
of the guard of the Slate prison at Auburn. That on lhc.4tli dny
of thatmoDth, he discharged his musket on the wall of tliu prison
yard at the close of prison hours, in obedience to orders, »nd in
pursuance of the established regulations. That the musicet wliidi
was placed in his hands for the performance of such duty, and
which belonged to the State, was bursted by such discliarge, and ho
thereby so severely wounded, as to render the amputation of his left
arm necessary, which was soon after done. That severe and pro*
tracted sickness followed such injury; and in consequence of the
ihock which his whole person received by suchexplosion, hcis much
enfeebled, and rendered incompetent to earn his support. That he
if 28 yean of age; ignorant of any mechanic art, having been ac-
customed to common labor only, and is now in a needy and dis-
tretied condition, destitute of any means of livelihood.
These statements are corroborated by the concurring and favo-
rable representations of more than thirty of -the most respectable .
citizens of the village of Auburn, who bear witness to the ch'a*
racier of. the petitioner, and unite in his prayer for relief.
[Anem. No. 104.] 1
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The petitiooer further Btatei, and verifies by affidftvit, that the
bunting of themusket which caused the injury, was not occasioD-
ed by his Begligeuce or want of care, but by a flaw or other de-
fect io the piece; and in this, he is supported by die representa-
tions of the agent of that prison, made personally to yonr com-
mittee. The agent does not know, however, from actaal inspec-
tion, or otfaerwiaCr that such was the cause of die accident Tbe
proof upon this point, although not aa full and satisfactory as de>
ured, leavea little donbt, in the minds of the oommittfte, that tbe
present destitute and diBtressed situation of the petitioner is to Iw
imputed to a defective mualiet belonging to the State, put into hii
hands for the purpose of performing a specific duty, and an injury
sustained thereby, while in tbe service of tbe State, wiihoat iodif>
cretion or culpable negligence on bis part
Under diese circumstanoes, your committee are of ephiion, d»t
be has claims upon the justice of tbe people of the State; and
have directed their chairman to ask leave to bring in a bill for his
nlief.
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STATE OF NEW-YORK.
No. 105.
m ASSEMBLY,
January 29, 1835.
REPORT
Of the select committee on the petition of inhabitants
of Qreat Valley, in the county of Cattaraugus, to
extend the time for the collection of taxes in said
town.
Mr. Burke, from the select committee, to whom wu referred
the petition of aaqdry inhabitants of the Iovd of Great Valley,
in the county of Cattaraugui,
REPORTED:
That the pelitionensct forth in their petition, that in comeqaenca
of the anavoidable absence of the supervisor of said town from
iho State since the first of December last, the corrected assessment
roIT for the said town has not been delivered to the f»llector thore-
ot, agreeahle to the requisitions of the. statute; and that, therefore,
the collection of taxes is not in progress in said town.
Your committee do not doubt the existence of the facts set
forth in the petition, and, therefore, are of the opinion that the
prayer of the petitioners ought to be granted. They have there*
fore instructed their chairman to uk leave to intrednca a bilL
[Atiem. No. lOS.] I
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STATE OF NEW-YORK.
No. 106.
IN ASSEMBLY,
January 30, 1835.
REPORT
- Of the Attornej-General, in obedience to a reaolution
of tlie Aflsembly* requesting his opinion in relation
to contracts for the labor of convicts in the State
Prisons.
ATT0KirBr.6EIfBBAL*S OfFIO^ }
jnhay, Jan. IS, ISSB. j
7b the Bftaktr of the Aumbfy.
SIB—
la obedience to ■ reaolatioo of the AMembly, I rabmit here,
with a report in relation to coatraetf for the labor of eoiiTieti in
the Sute Priaoiu.
I am, reapectfally,
Your obedient eervant,
GREENE C. BRONSON.
[Aaaera. No. 106.]
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REPORT, &c.
Thfl Attorney-General, id obedieace to a resolution of the Ai-
sembly, requesting "his opinion on the queslioa whether the leve-
ral eontracta for the labor of convicts in the State Friioni oiay be
legally modified or annulled," respectfully submits the following
REPORT:
The Attorney-General haa ascertained that the agents of the
two prisons have severally made contracts for the labor of con-
victs, which will expire by their own limitation within about five
years. But two of the contracts, which terminate in the year
1688, severally contain a clause giving Uie contractor a right of
renewal for five years, and may consequently extend to the year
1648. The right is not reserved to the State or its officers to put
an end to the agreements. *
The law has confided to the agents a discretion almost without li-
mit, in relation to contracts of this description; and if there has been
no fraud, and there are no facts other than such as have come to
the knowledge of the Attorney-General, he is of opinion thatthese
agreements are obligatory on the State. S Rev. Stat. 788, sec. 38.
If the contracts are valid, they can not be " legally modified or
annulled," without the consent of both parties.
Although no one can have a legal x^t to annul his own con-
tract without the concurrence of the other party, yet there may
be cases in which the refusal of an individual to perform an exe-
cutory agrennent would not be deemed morally wrong, if his re-
fusal were accompanied with a tender of ample amends to the other
party. And if the State, acting on some gftat principle of public
policy, should refuse to proceed with the contracts in question,
making provision at the same time for a full indemnity to the other
parties, it could not properly be regarded as a breach of the public
faith.
Respectfully sulnnitted.
GREENE C. BRONSON, ^(fy-GFeti.
Albani/, January 29, 19S6.
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STATE OF NEW-YORK
No. 110.
m ASSEMBLY,
February 2, 1835.
REPORT
Of the committee on colleges, academies and common
schools, on a resolution of ^e Assembly, of the 81st
January.
Mr. Wetmore, from the committed on collcgei, academies and
- common schools, viho were iostruclcd by a rosolutJoo of this
House, adopted on the Slst ult, to inquire into the expediency of
amending the law in relation to the time of making reports by the
cominii8i<mers of common schools and coanty clerks,
REPORTED:
That by the existing proTisioni of the Rovised Statutes, it is
made the duty of the commissiooers of common schools in each
town, between the first day of July and the first day of October,
in each year, to make and transmit to the county clerk, a report
in writing, bearing date the first day of July, on subjects connect-
ed with their official duties. In case the commissioners in any
town shall neglect to perform the duties enjoined upon them, the
clerk of the couuty is required to give notice of the omission to
the clerk of such town, who shall, immediately after the expira-
tion of the time specified, assemble the commissioners for the pur-
pose of making their report. It is also made the duty of each
county clerk, between the first of October and the first of Decem-
ber, in every year, to make and'transmit a report to tlie Supeitn-
tendent of Common Schools.
[Assetn. No. 110.] I
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fl ^ [AaasMBLT
Tbe proposition submitted to the coDsideration of tbe committee
is, to require that the commipsiODers shall transmit their reports to
the county clerk by the first day of August, and tliat the clerks of
counties shall fulfil their portion of the duty by the first day of
October in each year. The object sought to be accomplished by
the alteration is, to afford the Superintendent of Common Schools
more adequate time ibr tbe preparation of bis annual r^Mrt to the
Le^lature.
Upon a careful examination of the subject referred to them, the
committee are of t^ioton, that no disativantage can result from
tbe proposed amendment, bat, on the contrary, that the duties of
the Superintendent will be much facilitated by the change, and the
public convenience thereby promoted.
The committee h^ve, therefore, uistruct«4 thieir cb^i^an to a^
If9r9 to 4trodu$^ f feiy*
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STATE OP NEW-YORK.
No. in.
IN ASSEMBLY,
February 2, 1835.
REPORT
Of tlie select committee on the petition of Isaac Peck
and Elijah Peck.
Hr. Jackson, from the select committee, to vhom was referred
the petition of Isaac Peck and Elijah Pack, asking for pcrmiision
to erect a dock,
REPOETED:
The petitioners represent, that they are desirous to erect and
maintain a dock adjacent to their lands in the village of PJushing,
in Queens county, lying on Flushing creek, for the landing of paa-
sengers and frieght from steam-boats in which they are concerned,
and for other commercial purposes.
Your committee, on a careful examination of this application,
is well satisfied, and some of them from their own personal know-
ledge, as well as from the recommendation of ■ large number of
respectable inh^itants of that village who have united in the
prayer of the petitioner, that a good and substantial dock at that
place is much wanted.
The committee are of the opinion, that this application, if grant-
ed, will not interfere with the navigation of said creek, but, on the
contrary, will enable vessels to load and unload their cargoes with
more ease and greater facility. They have, therefore, prepared
a bill, which they ask leave to introduce.
[Assem. No. 111.] 1
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STATE OF NEW-YORK.
No. 112.
IN ASSEMBLY,
February 3, 1835.
REPORT
Of the committee on the militia a^d the public defence
on the petition of officers and members of the firat
regiment of horse artillery.
Mr. Lockwood, from the committee on the miliUa and the pubhc
defence, to whom was referred the petition of the officers and
memben of the first regiment of horse artillery,
REPORTED:
That it appears from the represeotatioD of the petitioners, as
well as from information communicated to your committee, that
much difficulty exists in keeping up the organization of the corps of
horse artillery. The great expense attendant upon the equipment
of members, and the arduous duty which often devolves upon
them, have operated to deter individuals from enlisting in these
corps. Occasions are of frequent occurrence in the city of the
New-York, when the services of mounted troops are deemed ne-
cessary by the constituted authorities. The committee may refer
to the ciVcumstances connected with the riots in that city during
the past summer, and to the valuable services rendered at that
time by the horse artillery in aid of the civil authority, as offering
a sufficieot reason for extending legislative aid in maintaining the
character and efficiency of this important branch of the public de-
fence. .
[Assem. No. 112.]' 1
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The pnyer of the petitionen extendc ne fulher than for ex-
wnptioD from jury daty, ifter a faithful aervice of aeven yean;
ttd your committefl mo no reaaos why it aboald not be granted.
Thfl committee bave^ therefore, initructed their chaizman to ift-
Uodnce atulL
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STATE OF NEW-YORK,
IN ASSEMBLY,
Februaiy 2, 1835.
REPORT
Of the committee on colleges, academies and common
schools on the petition of the trustees of School
district No. 7, in the town of Skaneateles, Ononda-
ga county^.
Mr. Wetmore, from the committee on coliege*, academieB and
common schools, to whom was referred th« petition of the truE-
tees of school district No. 7, ia the towo of Skaneateles, in the
COUDty of Onondaga, praying (or legal aothority to kII a Bchool-
house and lot, and to make dispotiton of the proceeds thereof:
REPORTED:
That under the present law, the trustees of school districts are
without authority, in certain cases where the site of a schoo]>hoase
has been changed, to dispose of the lot and building formerly oc-
cupied. The necessity of an amendment of existing laws to pro-
vide for such cases, will be apparent. With the view, therefore,
to a£brd relief in the instance presented to them, as well as to fui^
niah a remedy for an obvious deficiency in the system, and there-
by render nmilar applications for legislative interposition unneces-
sary, the committee have prepared a bill, and instmcted their
chairman to ask leave to introduce the same.
[AMem. No. US.] 1
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STATE OF NEW-YORK.
No. 114.
IN ASSEMBLY,
January 31, 1835.
REPORT
0( the committee oq the judiciary on the petition of
the board of Bupervisors of Dutchess county.
Mr. LiringstoD, from the eommittee on the judicitu-y, to which
was referred the petition of the board of supervisora of the coun-
ty of Dutchess relative to the compeDsatioa of the district attor-
ney of said county for his lerTices,
REPORTED:
That they have examined the tariff of feea allowed to diitrict at-
tomies, and that they find the fees allowed by law are no more than
a juit compensation for the services which district attomies are -
compelled to perform. The supervisors qf Dutchess county ask
that the district attorney of their county shall receive a stated sa-
lary of one thousand dollars per annum, in lieu of the compensa-
tion now permitted and authorized. The supervisors do not stale
any reason why the prayer of their petition should be adopted. It
would, perhaps, be considered as invidious in the committee to sug-
gest, that the supervisors of Dutchess county might find an ample
remedy in applying for a relaxation of the bill of cost presented
by the district attorney of their county. But as your committee
are not informed of any improper charges made fay the said dis-
trict attorney, they therefore reeommend that the prayer of the
petition be denied.
All which is respectfully submitted^
[Assem. No. 1 U.] ' 1
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STATE OF NEW-YORK.
No. 115.
IN ASSEMBLY,
February 2, 1835.
REPORT
Of tiie committee on grievuiceii on the petition of
Nerum Abbott
Mr. Adams, from the committee on grisTances, to which wh
referred the petition of Nernm Abbott, praying for compensation
for damage! sustained by the overflowing of his lands, occasioned
by the breaking away of the banks of the Chemung canal, submit-
ted die foHowiog
REPORT;
The petitioner alleges in his petition, that in 18S3, he resided in
the town of Elmira, in the county of Tioga, on a iot of ground on
which be had erected a dwelling house and a large blacksmith
shop, about 15 or ao rods west of the Chemui^ canal; that he was
carrying on the blacksmith business; and that by the eitraordina-
ry rains and consequent unprecedented flood which hai^ned in
July last, the embankment of the Chemung canal gave way above
the premises of the petitioner, and the flood and water bursting
therefrom, came down alofig the premises of the petitioner; that
the water soon dug a channel of some 36 rods in length, from SO
to 40 feet in width, and 7 or 8 feet in depth; that such channel
was on the west side of bis buildings, and encroached upon and
cot oflT several feet of his lot, injured and threw down part of hil
cellar wall, and rondered it necessary to remove his family and fur-
niture in boats; that hts property was injured in removing it; that
three ^r four bondrad bushels of coal were injured, tod tome ear*
[Aesem. No. 116.] I
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rie^ nrajr; AaC lie wh interraptod i6 hit iMBJaen, and tlurt ia al^
be nutaiiwd a low of aot ten thui WOO.
In entoring vpoB the dntiBS atrigned to- year eoBHniRec, Ihef
find that the principal caaws of comptainf hi^rto preseated aad
nferred to dmm, ara alleged to hare arisen from brcache* in the
eanali, and from accidenta occarring oa. the line of narigatien.
It ia deemed t« be a matter ol great iiiq>ortaiiee, aa wcU for the
intemlt of the State as in dohig antfonn justice to the claims of
its citixBDs, that there should be some imiibrm rale of legislatioo
■pon chums of this characterr If aa onifonnity of rale be sot ob-
■erred, it is easy to perceive that injustice may aed wilt oftea be
done; in some mstances, money may be drawn from the State by
management, false TcpresentstioBS ami fraud, by the interested ap-
ylicaat, while other ctaims, founded i^kkt the r^reseotationa of n
honest appUcant, may be rejected.
What leadiag principles for the geaerd rale ef action hf jour
ctHnmittee, and by wUch they wonld test the vanoos matters of
this class coming ander tbeir eonsideratioi^ has been ibe sabyset oi
due deliberation.
It will be foand, m tooUiig into past reports of the Canal Bowd
and the Canal CommisnoBers, that an uniform rale of actimi npon
the subject of the rights and liabilities of the Sute and iadividoals
has not been observed.
The Canal Board, in the report npbn the petition of Charlea Ba-
ker, for compensation for injuries alleged to have been snstaiaed
by a breach ia the Champlain canal, take the ground, that if Uie
canals had been constructed by an incorporated company, in the
manner the State has constructed them, and tho bask of the canal
was carried away by a fredtet, and the waten thereby let oat op-
on the adjoining fields, a claim for damages arising from such
breach could not be sustained either inr law or equity ; diat when
no want of attention nor any neglect ia imputed to the superinten-
dent, or any other agent of the State baring ehnrga of the canal,
whatever injury may be sustained by a providential oeeumnce,
most be endured by the person sustaining the injury. This npcal
may be found in Uie Assembly Documents at 1830, No. 107.
In the same volume, Doe. No. 197, the Caaal Comaaisaiaaefs in
A«r report npon the petition ef John Brown, the owaar of a hMl
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l<M4ed with barley, and otTigating the Erie canal, the boat in da-
aceoding a lock aettled upon the hick-horn of an anvil lying io the
bottmn, whereby a hole waa thrust into the bottom of his boat^ -
and hifl boat and loading injured, uem to take ground entirely dif-
ferent from the grounds taken in the report fint above referred to.
In this last report the broad ground is taken, that the State ii in no
event to be liable for an injury, though it be the result of the most
palpable negligence of its agent or agents. They say in the re-
port, that there is no law which makes the State an insurer against
the damages and risks which may happen to boats and their load*
ing on the canal; that if those who are engaged in the navigation,
wished to be insured against the perils of the canal, they might
doubtless find those who, for a premium would insure. Or if any
lock-tender or auperinteodent should be guilty of gross negligence
in the discharge of his duly, by whicb boat* or property on the
canal should bo lost or damaged, there rxiuM be oo doubt but that
the party injured could maintain an action at law against swA
stich lock-tender or superintendent, to recover the damage.
With the positions taken io this last report, your cominittee fael
constrained to differ. An individual who navigates the canal is
bound to pay the rattf of toll prescribed by the Stale, for the privi-
lege of navigating, and he is not, nor should he be compelled to
pay an insurance premium in addition to the payment of such tolls,
to protect himself against accidents, in nowise chargeable to his
own conduct. But should he incur the additional expense of paying
such premium, and effecting such insurance, and should sustain a
loss, the cause of which could bo clearly traced to the oagligence
of the State agents, it is believed that the State would be liable
to the insurer for the damage sustained through the negligence of
the State agenL Nor do your commillee deem it to be law or
justice, that an individual in the lawful exercise of his rights in
navigating the canal, who is damaged by running upon secreted
i^tacles, carelessly dropped and negligently prenaitted to remaia m
the canal by the State agents, not chargeable with any negligeac*
on his part, should be turned over to the <»ly remedy — of an ae-
lion on the case against such State agent or lock-tender. The io-
jured party could not be compelled to take this only and doubtful
remedy, did the public works belong to an individual or oorpM*>
tion; in such ease, the well settled principles of the common law
would hold the prineipal accountable for the negligenoa of hii
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tigeitt. And your committee do not bolioTe that s difleient rule,
as againit the State for the negligence of its agent, does or augfat
to exist, tt is true that the injured person might maintain an ac-
tion against such agent for injuries resulting from his negligence.
So could the State for any damages incurred by it from the ocgli-
gencc of such agent And it would be but right that the State it-
self, should make its offending agent account for his negligence.
Your committee, therefore, in furtherance of the important ob-
ject of uniformity of legislative action upon the subjects above
mentioned, adopt the rule as laid down in the report of the Canal
Board upon the petition of Charles Baker, first above referred (o,
and are of the opinion that in cues where damages are sustained
by persons navigating, or owning property on the line of the canals,
resulting from the negligent acts of the State agents, the State
should be compelled to remunerate the suflerer for his loss, in the
same manner as on individual, or corporation would be held an-
swerable by law for the damages resulting from the negligent acts
of their agents. Requiring in all cases, the like proof lo charge the
Stato as would be required at law to charge such individosl or cor-
poration.
The claim for relief upon the petition under consideration, retts
upon the statements in the petition as above mentioned, and is in
no other way sustained. But if the petition be regarded as Iroe,
the petitioner is not entitled to any relief from the Sute; it dearly
appearing from the petition that the loss or damage complained of
was, in the language of the petition, occasioned by an unprecedent-
ed flood, against which no human means could guard, and there-
fore in nowise chargeable upon the State or its agents. Your
committee have therefore directod their chairman to ask leave to
submit the following resolution:
Resolved, That the committee be discharged from the further
consideration of the above mentioned petition, and that the peti-
tioner have leave to withdraw his petition.
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«TATE OP NEW-YORK.
IN ASSEMBLY,
February 3, 193$.
REPORT
Of the Canal Conunisfiioneni on the petltliA olF <IoIa
Herkimer.
The Canal C^miainionen, to whom was le&rred, Itjr the At*
«embly, Iho petiUoD of John H«rJiimer,
REPORT:
The petitioner alleges that he is the owner, and in peuenion of
several lots of land in Danube, in the county of Herkimer, tlirough
which the Erie canat passes: that about three acres of one of said
lots arc separated from the reiidnu thereof by ihe canai, and that
fie has no bridge to pass on it fur cultivation: that soon after tlic
canal was oomplcicd, he made application to the Canal Commie*
sioncrs for remuneration for the damage done to hra properly,
which they refused or neglected to make, and that they also refti*
sed to build a bridge for his accommodaiion, whereby he has lost
the use of said three acres of land. Ho also states that he has oth-
er tou which have, for a Dumber of years, been jnundotcd by wa-
ter issuing out of llie canal, insomuch that he is unable to raisu any
crops thereon. Ho stales rtial he was out of the State during tho
exutence of the acts of April 30, 1635, and April 14, 1M7, extend-
ing the time for presenting claims for damage from the canals,
and was consequently unable to avail himself of the benefits in-
tended hy them, and prays for relief.
In the Comptroller's office, among the appraisals, made by Wil-
liam C. Bouck and Henry Seymour, and certified by them, of the
[Assam. No. lie.] 1
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S [ASSCBILT
dnmn^ to t*)o pmprieton of Innd tituato in German-Flats ati
Daniiliu, by the onslruclion of tlie Eric canal, over atitl above
the bencfiln thcrerrom, the dnmagc of John Hurkimcr ia appraiKd.
in oni: chlry, ot two hundred nn<I Iwcnty-cigiht dollars, and in an-
other entry, at fifty dollarx. Among the roachuri in support of the
account of ihc acinig commtiaioncr ia the receipt of John HcrLi-
Rier, of which the fullowing ii a copy:
" Rec'd, Wastiinglon, Jon'y Mh 1834, from Henry Scymoiir.
Eaq. Cannl Cinn. of the Erio canal, the sum of two hondrcd aod
•cveniy-eighl dolUra, being the amount awarded to me for daou-
gof liono by reason of said canal passing through my Linds.
(Signed.) JOHN HERKIMER.''
It ifl rctpoetfullr submitted, that these appraisata and the receipt,
and the payment of tliem after the cannl had been several yean
fully in operation on this port of the line, is a satisfactory answer
to tho petitioner's claim.
MICHAEL HOFFMAN.
JONAS EARLL, Jckk»,
WM. C. BOUCK.
Janumj, 9Ut, ISSft.
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STATE OP NEW-YORK,
No. 117.
IN ASSEMBLY,
February 3, 1835.
REPORT
Of the committee on colleges, academies and common
schools, on the petition of the trustees of school dis-
trict No. 2, in the city of Rochester.
Mr. Wetmore, from the committee oq collegei, academiei and
common ichooli, to whom wu referred the petition of the tnu*
teet of ichool dittrict No. 2, in the city of Rochester,
REPORTED:
That the petitiooen pray for the pasiage of an act to eitablish
■od render pennanent the existing boundaries of their district.
From representation! made to the committee, it appears that
the location of the school'booi^ is central in the city of Rochea.
ter, and that the district property is Talued at about two thousand
dollars. The tmsteefl are dettroni of erecting a new and costly
edifice of such description as shall be an ornament of the city. It
is slated that the taxable inhabitants are unanimously in favor
of the contemplated improvement, provided they can be aasurod
of the permanency of the district limits.
By the provisions of the Revised Statntea in relation to common
schools, the commissioners are specially chaiged with the duty of
establishing, regulating and altering the limits of school districts.
This power seems to the committee to have been lodged ia tba
proper hands, and, under ordinary cireumftanees, they would ooft-
[ Assam. No. 117.] 9
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sider IcgitUtivs interference -at onoeeenafy ind inexpedient. Ib
the preeent inittnce, howcrer, and in view of the objecu act fonh
in ibe petilioo, it is believed that tufficient reaiou exist to justirr t
de|>artare from the genera) role. The committee hare, therefore,
inttmctod their ehairmao to atk leare to intioifaioe a bilL
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STATE OF NEW-YORK.
No. 119.
IN ASSEMBLY,
February ^ 1535.
UtPOtCt
Of file committee on privileges and elections, on (he
petition of sundry inhabitants of the towB of Avon,
Livingston cmintj.
Mr. Wilcoxson, from the committoo on privileges and ctctilinnB^
to whi h was rcfurrcd ilie petition of sundry inhabitants of the
town of Avon, in the county of Livingston, praying thnl the law
regulating "elections, othc^ than for militia and town ofliccrs,"
may be so modified as to secure ihc citizen, in his person, against
a wanton abuse of power on the part of the inspcclorsj'and when
committed to custody by them, an opportunity of having a fair
and impartial trial, before soatenco and condemnation,
REPORTED;
The facts, on whieh tho petitioners baw their application, ire
contained in a printed paper attached to their petition, pui^rting
10 be an aflMavit of Horatio Pearson, in which, among other
things, the said Horatio dejioseth, in substance, as follows: that
. on the last day of the last general election, Iteld at Knccland'« ion,
in the town of Avon, while standing in the enlry contigaous to the
room in which the board of inspectors were sitting, and there
peaceably aqd quietly reading an electioneering handbill, Alfred
B. Field, one of the electors, and there actively engaged as a
challenger on the part of the whig party, in passing deponent to-
wards the inspectors' room snatched the paper in the hands of depo-
nent and tore offa part of it, accompaoying his act with some buty
[Assem. No. 119.] I
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f fAi
expivnion, which deponent thinks was *'pve that to me:" tliat
deponent repelled ihis iniulr, by a lKra«t of his open hand against
the tide of FKild'tf fnc«, and somewhat ciuickcned Field's move-
ment into the room where the hoard of inspectors were silling;
■nyiitg to Field, at the same time, I will not lake thai from you,
you impudent pHppy, or words to ihnt effect; that (here was no
commotion or cxcilement whnicvcr produced; nor did the- tnins-
anlioiv i» ih« slightest degree disturb the harmony of the assembly,
or at all disturb th« board of inspectors, or any of the electors
then present, except the said Alfred Field: that Field made com-
plaint to the board, who, after takiug their duiner. and after the
lapse of an hour, and nfter considering llie subject, matic out a
warrant commiriing the dGpoaent to the county jail ten days, by
virtue of which deponent was committed to the connty jail, on and
from the eleventh to and ineludiog the twentieth of November,
then instant.
The law which Iho petitionort pmy may be modified will be
found in 1st vol. Kcvited Statutes, page 137, sections 36 and 87.
By these sections the board of inspectors are authorized to main-
tain regularity and order, and enforce obedience to their lawful
commands during the election, and during the canvass and csli-
ipnic of tlic votes after the dosing of the poll: and if any person
refuses to obey their lawful commands, or by disorderly conduct
i^ the presence or hearing of ttie board interrupts or disturbs their
proceedings, by an order in writing to commit the person so of-
fending to the eounty jail of the county, for a period not exceed-
ing thirty days.
By a law passed in the year IBOl, a similar provisk»i was made,
conferring equaV if not more arbitrary power on inspccton of elec-
tions, which remained In fon^ until the adoption of the law above
cited. What the law was prior to th:^t year your committee have
not thought it necessary to ascertain. They arc not aware ibit
during this lung pcMod of time, (during which there has been n
careful revision of our statutes,) any serious complaints have been
made against inspectora of elections, for exercising ihia power ia
a wanton, cruel or oppressive manner, or without cause.
The petitioners themselves regard the case referred to by them
important only " as shewing, (as they allege,) that in one case the
graotod power haa been grossly abused." Your committee do not
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No. 110.] *
foci cnllcd upon to eitpren an opinion approving or disapproving
or ihc conduct of the inspectors in this particular case: but tUcjr
arc satisfied, from their own knowledge — knowledge derived from
experience nud observation; the necessity of clothing inspectors
of r.lcctions with discretionary power, and summary process lo
mninlnin order nnd regularity, and enforce obedience to their law-
ful commands; a power, ihc character of which, in its exercise,
must Kirike dread in the mind of any one who feels disposed to
make disturbance, or refuses to oboy the legal requirements of (he
inspectors. The exercise of it must bo positive in its effects, and
summary in its execution. WeK it not so, the objects for which
it is given would be entirely frustrated.
The object of lh« taw is to secure to each and every elector
the privilege of voting, without molestation; to enable the clerks
of tlie board to keep a correct poll list of the voters; to secure Ihc
ballots deposited from being destroyed, and the board from being
tinlruded upon or their proceedings interrupted. These objects
arc of the first magnitude and of the greatest importance, and con-
sidering the numbers who crowd around the polls, their excited
feelings; iheir personal abuse of each other; their readiness to re-
sent and give insults; and the desperate strife for mastery; show
most satittfaclorily that no ordinary power ia the hands of the in-
spectors would be snffieieni to guard, protect and secure these ob-
jects. But the petitioners urge and press upon our consideration
the great danger of its being abused, by incompetent and biased
minds, charged with its execution, and regard all the power con-
ferred, beyond what is necessary for the present protection of the
board, as unnecessary, and an infringement of the rights of the
citizen. - That it may be abused will not be denied; but that this
is a sufficient reason for a repeal or modificalion of the law can
not bo conceded. All delegated power is liable to abuse. Yet, in '
many instances, the law bos conferred upon individuals much
greater and more arbitrary power than it has upon inspectors of
elections, and that too, when there would seem to be less danger
in withholding it. Judges of courts of record may commit for
contempts, such as disorderly, contemptuous or insolent behavior,
committed during the sitting of the court, in immediate view and
presence, and directly tending to interrupt its proceedings, or to
impair the respect due to its authority. This is doubtless a high
and arbitrary power, and may be exercised by a capriciouo, prc-
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4 [AsaBMBLT
judiRcd and vindictive judge: and wc hare reason to bdicvc tbal
it has been ro fFcqucnlly exercised. Yet the high object to he ai-
lained renders this law necessary. Nay, vrc go further, and de-
clare the persons of the judges inviolable, a'nd throw around them
the impenetrable shield of the law, and wi|[ not permit ihcm to be
excepted to, or challenged, even for corraption, except by indict-
ment, or impeachment. Is the respect due to a jud^e on the
bench of more importance than the security of the persons of the
inspectors presiding at an election 1 Is the preservation of order in
a court of record of more importance than the preservation of the
ballot box containing the evidence of a freeman's willt It would
seem so, for we go further to protect the judge than we do the
inspector; the former we declare inviolable, while we make the
latter reipoosible for misbehavior in his office, and responsible in
damages for a wanton, malicious or capricious exercise of power.
He may also be indicted and punished criminally. So long, there-
fore, OS we hold these officers respousible, (as we do nl! other offi-
cers possessing a special and limited jurisdiction,} for their good
behavior, and subject them to punishment for misbehavior, roar
committee are of opinion that the citizen has all the pioteciion at
forded him which the nature and exigency of the cue will permil;
and that the prayer of the petitioners ought not, thercr..>re, to be
granted.
All which is respectfully submitted.
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STATS OF IfEW-TOBK.
^ . • — ,
■ No. 120,
IN ASSEMBLY,
Pebraary 3; 1835.
REPORT
Of tbe CuhI Cmmnsflioiiera on the petition of Joha
W. Wiaaer.
Tb« Canml. Commluioaen, to wImm wMraTenml bj Aa /kmv»
Uy, tJw pgtition <rf Jebo W. Wuner, tubout tbt feUowiag.
R£PORT:
"fhe petitioner itatei that in 1831 he engaged aa a nib-eontrac<
tor to /acob Westlaka, to eonttruct a lock at the juncltod nf the
Chemung canal with the river; that tlie lock wat located between
two buildings, which were *o near each other, that the unual slope
to the banki could not be given, without removing the buildingH.
He itatei farther, that he appriied the contractor, and Mr. Hutch*,
iosoa the engineer, that unless the usual slope was given to the
banks, they would cave into the pit; that the enginoer replied that
it would b« expensive to renwve the buildings, and tlyt if the banks
slipped in, tbo builder would be paid tho espenae of the work.
The petitioner farther slates, that under the expeetatiott' of hav-
ing hifl expenses paid, he commenced exeavatins the pit, and iu its
prosecution encountered great difficulties from the sidn caving in,
and the quantity of water proceeding from springs, which he was
under the necessity of bailing; and also, that the floods from the
river twice inundated his work.
Her ffatas that as soon as be had excarated the pit, be eallod
Mr. Wright, the assiataat Mginoar, lo cstiuuita thft expanM of tlw
«nra,work; that Mr. Wright eatimMcd tin aspoMa M MU^ ami
I. Wi. 180.] 1
DigmzecDyGoOgle
; ; C [Ausui.*
assured the petitioner that it should be paid as soon aa the Canal
Bftard met. Hu states farther, that al two sessions of the Board
«r Cai>al CtNninissioncrs, he apfilJcd fnr tlic- payment of this estt-
mi)le. hut that the same has never been allowed him; and alsn,
that Col. Wcstlnke h»s told him. ho had also laid his claim before
the Board of Canal Commissioners, and that the Mtmct nor no part
thereof had been aVowed.
Thff.petUioncr estimates hit domagea at f 1,300, sod prays the
Legislature to remunerate him.
Wcstlnke and jVbiCooiwl w«re the eontraflton for construct-
ing ih(! lock in question. By tlic turms of their conlracl they were
to rccinve a sli|>ulittcd prico for the lock, and a price per cubic
yard for the masonry. These prices were to include the expense
of excavating the pit, piUting down the foundatioii, and pcrrormiaf
every kind of work necessary to complete the lock, except the fur-
nishing.of iron, and the paddlc-gatcs; and these prices were also
to o9ver all conllogeocies which nright arise io the execution oC
the work.
The excavation of the pit consisted of about one and a half feet
in depth below the bottom of the canal, fur the reception of^the
lioltom of the lock. '1 his luck was located as the petitioner repre-
sents, between two buildings, and near the Chemung rtvcr. The
excavation for the canal at lliis pincc was twulvc or fourteen feet
deep, and the space so contracted, that the usual slope could not
lic given to the banks, without removing the buildings.
The Co'.nmlsstoncr who had charge of the work did not sec it
while the petitioner was excavating the pit, and patting down the
lock foundntidh; but he understood at that time, and there is no
doubt of the fact, that the banks caved into the pit, that the water
was troublesome, and Ihataltogcthcr, it was an expensive job.
The allegation of the petitioner ihat Mr. Hutchinson directed *
him to incur the extra expense, and that lie should be paid; Uiat
Mr. Wright estimated the extra expense at «550, and promised
that it should be paid as soon as the Canal Bonrd mcl m.iy be true,
but is not as well sustained as it shoulil be. If this was as the pe-
titioner atarcs, it h a little singular that he did not obtain ihc ccr-
tiAeatatif tho cngimwr; evidcoce indispensably necessary to su^
taMlu&clai«i.-..l£ tfa* enginoara hwl made these alleged osgage-
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Ho. ISO.] >
ments, it would have been their dutjr to have roporled them to the
Cnmmissioncrtt at is cuttomary in such cases. Such a report has
not been made, and the Comntissioners are inclined to the opinion,
that there is tome misapprehension on the part of llio petitioner,
in regard to what passed between him and the engineers.
The law authorizing the construction of tliit canal, " provided
that on duo notice being given," the Contmisaioners "shall receive
proposals accompanied with good sureties to construct and com
picte said canal and feeder, for a sum which in the aggregate shall
not exceed $300,000."
To comply witti this act, it became oecesaary to stipulate in the
contracts that the prices for the items of the work named, should
cover all contingeacios which might arise in the execution of the
work.
This provision is not ordinarily incorporated in canal contracts,
but under tho law in question, it became indispeninbly necessary,
in order to form an estimate of the aggregrate cost of this canal.
In 1833, application was made to the Canal Board by several
contractors on this canal, for allowances; but the Canal Board de-
cided that the conditions of these contracts excluded these claims
from the operation of the statute, authorizing the Board to moke
allowances.
After this decision the claimants applied to the Legislature for
relief, and a law was passed extending the provisions of the Re-
vised Statutes to the contracts on this canal; thereby rendering
inclTcctuat that condition, which imposed on the contractor the
risque of contingencies.
Wcstlakc and McConnel who were contraclors for section num-
ber 13, and for seven locks, made application to the Canal Board
in 1S34 for extra allowaneot on the work they had executed; and
in their account for cxirat, they claim an allowance on the lock
pit in question of $650. for excavating quick sand, slides from the
lace of the banks, and for expense of bailing water.
* On this item of their claim they were allowed and paid fSOO.
WM. C. BOUCK.
MICHAEL HOFFMAN,
JONAS EARLL, Junior.'
Fthruary 3i, 183S.
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STATE OF NEW- YORK.
No. 123.
IN ASSEMBLY,
February 5, 1835.
REPORT
Of the Belect committee on the petition of inhabitants
of the tovn of Gates, Monroe county.
Mr. D. Sibley, from the Bolect committee, (o whom referred the
petiUon of the inhabitaots of the-town of Gates,
REPORTED:
That it is set forth in said petition, and known to your commit-
tee to bo true, that by the set of the last session of the Legisla-
ture incorporating the city of Rochester, a portion of the former
town of Gates is taken from said town, and made a part of the
territory embraced in the limits of the said city. That almost all
the town officers, and all the inspectors of election but one, reside
in what is now the city of Rochester, and that the place appoint-
ed for holding the next town meeting is also in 'said city. Your
committee, therefore, deem the prayer of the petition to be rea-
sonable, and have accordingly prepared a bill, fixing the time and
place for holding the next town meeting, and naming three inspec-
tors of election to preside at the same, and respectfully ask leave
to introduce the same.
[Aasem. No. 138.]
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STATE OF NEW-YORK.
No. 124.
IN ASSEMBLY,
February 5, 1835.
REPORT
Of the cooiuaittee on clainis on the petition of Lucas
^mendotii
Mr. M. H. Sib]«y, from the eommitlee on clnims, to which wtt
referred the petition of Lucaa Elniendorf, for s law authorizing
the Comptroller to execute deedt to hitn of two lots of land told
for taxea,
REPORTED^
Th«t, St the Comptroller's sale in 1880, Arnold Nelson purchas-
ed 450 acres of lot SB in great lot SO, in the Hardenburgh patent,
in the county of Delaware, for taxes of 1822 to 1826, inclusive.
That the enid lot vas returned to the Comptroller's office as con-
taining 650 acres, and was assessed to Lucas Elmendorf, the pe-
titioner; that upon the payment into the treasury of the purchase
money on such sale by the said purchaser, a certificate in the usual
form was delivered to him by the Comptroller; that the land so
sold remained unredeemed until the I2lh April, 1832, when the
petitioner handed to a clerk in the Comptroller's offinc a list of his
lands which had been sold for taxes, (embracing quite a number
of lots and parcels of land,) with written memoranda set opposite
to each piece, indicating the petitioner's wishes in relation to the
redemptiod or non-redeni[>tioii of the same; that against the said
lot 86 was writicn "not to be redeemed." That at ihe lime this
list was so handed in, the said office was nauch thronged with per-
[Assem. No. 124.] 1
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tf [As*B3iBLT
•ont engaj^ in the tninsaction of businesi, and the petitioner left
tho list with the clerk, requeiting him lo make out the amount of
taxes on the land marked for redemption, and advise the petition-
er of the gross amount of the same, when he sboaM call agam:
that the petitioner on returning to the oiSce again found the offi-
cers mnch engaged, but was furcsenled with the antount of money
required to redeem the lands, for which cenificates of redemption
wore then pi^pared and handed him, which he paid without
exomiaation, being then in great haste to leave the city, which he
soon after did; that upan returning home and examining his pa-
pers, he.found that the tax, &c. on lot 68 ha<t been included-in the
amount of money which he hnd so paid, and that a certificate of
the redemption of the said Jnt had been delivered to him; that he
retiirncd to ihc Comptroller's office, explained the mistake, which
wns made obvious to the Comptroller, but he declined to rectify
it, because be had not the power to do so, and informed the
petitioner that his only relief was by application to the Legisla-
tare.
It further appears, that it was not his intention to redeem the
said land; because he had purchased (lie aforesaid certificate of
Arnold Nelson, the purchaser at the sale, and taken aa as^ign-
' meot of tho same.
Under these circumstances, the petitioner asks for the passage
of a law authorizing the Comptroller to cancel such erroneoys re-
demption, and requiring htm to execute a deed of the said 450
acres of said lot 66 to the petiti<mcr, as the owner or assignee of
the said certificate of sale; and also that, the Comptroller be re-
quired to refund to him the money so paid by mistake oo such le-
demption.
The committee has found some difficulty in recommendiilg t&e
passage of such a law, from the fact that it is obvious from (he
transaction, and indeed is expressly admitted in the petition, that
the object of the petitioner in omitting to perform his reasonable
duty to the government, by the prompt payment of his taxes, and
putting the public authorities to trouble and expense incident to a
fate, was with tho view of buying in under such sale, for the pur-
pose of avoiding (he burthen of establishing, if it should become
necessary, a long and complicated chain of proofs, upon which
his titlQ depends. And if the granting of the prayer of the peti-
te .yGoOgIc
No. 184.] S
tioner necenarily involTed legiilfttiva Banction of luch an employ-
tnent o( the tax law, your committee would be conitraincd to ob-
ject lo it. But when it U considered that the money, which waa
paid by the petitioner under the miaapprebension before explained,
belongs to the petitioner and not to the treasury, which had al-
ready received all that was due to it from this land, by the pay-
ment by Mr. Nelson of the purchase money on the tax sale; that
the repayment of the money so erroneously received from the pe-
titioner would Tirtnally cancel and revoke the supposed redemp-
tion and leave the Comptroller liable to be called on to execute a
deed to the petitioner in virtue of the certificate of sale so assign-
ed to him, your committee have concluded that it will better
comport with consistent legislation,' and relieve that officer from
all embarrassment on the subject, to recommend the passage of
a law, directing the repayment of the said redemption money,
the cancelling of the redemption, and the execution of a deed to
the petitioner, as the holder of the said certificate.
It is suggested by the Comptroller in his report made to the As-
sembly on this subject on the 16th January, 18S3, which will be
found in document No. 37 of that year, as an objection, (and the
only objection which occurred to that officer,) to granting the re-
lief asked for in this case; " that there might be conflicting claims
to the title of this land," — " that it is impossible to say that the
tales-book showing such lot to have been redeemed on the ISth
April last," (1833,) " was not examined by individuals interested,
or claiming to be interested in such lot, between that period and
the &th day of May after, being the expimlion of the lime allow-
ed for redemption, and upon such cxaminalinn finding such lot to
have been ledeemed, had left the office satisfied that their interest
in this lot, so far as such sale was concerned, was not jeopar-
dized."
It is possible indeed that there may be conflicting claims to this
land, and that a deed to the pctiti <ner under the tax sale, may
prejudice the rights of others; but there is not the slightest evi-
dence before your committee of the existence of any such claims;
on the contrary, it appears that the petitioner has held the land
iever since 179*2; that in an actinn of ejectment he has established
his titk to adjoining lands held under the same title as this land;
that he has paid the taxes on this land for a series of years, and
that the taxes for which it was sold were assessed lo him. Yet
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4 [Ambhblt
oat of abondant caution yoor committee hare proTided in the bill,
frhich they ask leare to ititrodiice, for the protection of the rights
of nnk^wn claimants.
The same petition alio aaks for the passage of a law directing
the Comptroller to execute a deed to him of two hundred and se-
venty acres of land, described as the south-east quarter of great
lot No. 29, in the Hardenburgh patent, in the county of Sullivan,
bounded north by Robert Hope's farm, east by Abraliam Roose's
land, south by great lot No. 28, and west by lands of Lucas £1-
mendorfl (except 40 acres in the southeast comer thereof,) which
above described premises, the petitioner states he purchased at a
tax sale ip April, 1830. received a certificate in due form of sudi
purchase, which he has lost, and beeause he cannot therefore pro-
duce it to the Comptroller, that office doubts hisauttiority^ under
the existing law, to execute a deed.
The facts upon which this application of the petitioner is found-
ed, are so fully presented in the report of the committee on claims
in 1833, which will be found in No. 201 of the Assembly Doco*
ments of that year; in the report of the same committee in 1S3^
which wilt be found at No. 30 of the Assembly Documents of that
year, and in the report of the Comptroller before referred to, that
your committee forbear to burthen the journal by a repetition c^
them.
The right of the petitioner to relief, upon this branch of his
case, is clear; and the only quci^tion has been, whether the Comp-
troller was not vested with power to grant the relief. He is
of opinion that he is not. The committee of 1833 thought he
was, while the committee of 1834 concurred with the Cwnptrol-
ler.
These various opinions certainly show that there are well
founded doubts of the present powers of the Comptroller over
the subject; and as similar cases will be occurring, your commit-
tee have concluded to recommend that the petitioner be reliev-
ed by a general law, declaring the Comptroller vested with pow-
er to execute deeds to any owner of a lost certificate, upon
production of the affidavit of the owner of such loss, and such
other evidence of loss and ownership, as may be reasonable.
Your committtee, have directed their chairman to ask leave
to introduce bills in conformity with the foregoing views.
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STATE OF NEW-YORK.
No. 125.
IN ASSEMBLY,
February 2, 1835.
REPORT
Of the Comptroller in -relation to payments to the
Court of Errors.
Conptiollbb's Omos, )
^IhttMy, Feb, % 1SS&. {
TO THE ASSEMBLY.
The Comptrollor, in answer to a rcsolulion or the Atsembljr of
the 29th January, which it in tho foUowiog words, .viz:
" Bemlred, That the Comptroller be requcitcd to report to this
House the expenses incarred and paid out of the treasury for, or
«n account of the Court of Errors, since 4he last »cnion of tho
Legislature, with the specific sums, items and amount paid to each .
member, officer and servant thereof respectively, distinguishing
the sum paid to each, and to whom and for what services, atten-
dances, travel fees, expenses and charges, whatsoever the same
may be:" ^
Respectfully submits the annexed statement, which shews the
sums paid to the several members and officers of the Court of
Errors since the last session of the Legislature. Two sessions of
the eourt have been held since the adjournment of tho Legislature
—oitM in the city of New- York, and the other in the city of Al-
bany.- The sums paid to the several members at each senion, art
given separately.
[Aasem. No. ISS.] I
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-Ttm ooBtlDgeat CTpeawi of the Court of Errortr tiDoe the list
neetinft of tbe LegtiUture, cannot be ucertained in thii office,
•eparate from the total amount of the cootiogeot expensei of tbe
Senate and Court of Erron for the year ending on tike 80th of
September, I8S4.
ReepeetiiiUy aubnittod-
A. a FLAG&
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A STATEMENT,
Shewing the sums paid from the State treasury to the
members and ofiGcersof the Court of Errors* between
the close of the session of the Legislature in 18S4^
and the 1st of January, 1835.
SESSION IN NEW- YORK.
NAMES.
■si
■si
I
I
it
t
DavidM.Weitcott,
li 00
12 00
IS 00
12 OO
12 00
12 00
12 00
12 00
12 00
12 00
12 00
12 00
12 00
12 00
IS 00
12 00
12 00
12 00
12 00
IS 00
12 00
3 00
S 00
IS 00
"a'oo
12 00
12 00
12 00
13 00
12 00
SS 80
24 00
82 20
75 0«
0 00
94 80
49 20
08 40
81 00
148 60
90 00
78 00
ISS 00
112 60
40 80
ie'so
0 00
86 60
103 80
M 00
46 00
90 00
64 30
66 80
04 80
46 00
46 00
46 00
46 00
at 80
Bbemzer Mack,
94 SO
87 OO
John G. McDowell
Allan MacdoDald
Charlei W. Lynde,
loe 80
66 20
110 40
93 00
100 60
12 OO
102 00
Myodert Vao Schaick,
Jonah Fiik.
Henry A. Foiter,
John Griffin,
Jebiei H. Halsey,
1B4 60
68 80
13 00
48 80
18 00
m SO
116 80
39 00
48 00
JohnC. Kemble
Charlei L. Livingiton,
Herman B. Cropsey,
SamoelL. EdwanU,
Thomai Armstrong,
John W. Edmond^
John F. Hubbard
Francii Seger
Renben a^alworth
64 30
68 80
76 60
67 00
Jacob Sntherluid,
JohaF. Bacon,
Janea UTiogatmi,
67 00
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SESSION IN ALBANY.
Bennan B. Cropwy,. .
John G. McDowell,....
John Griffin
Jon«. S. Cooklin,
Trumbull Gary,
Peler Gansevoort, . . . . .
John F. Hubbard, . . . . .
Hyndcrt Van Schaick,
H. I. Quackenbofls
Jotiah Fiak
ChariM W. Lynde,...<
David M.Wettcott,....
Wm. H; Seward,
Robert Lanaing,
Sam'l. L.Edwardt,....
Frtncii Seger,
John Sudani, ■
EbenezerHack
Allan Macdonald,
Thomat Annitrong, . .
Leonard Maison,
John G. Slower,
Jehiel H. Halaej,
Alberi H. Tracy,
John W. Edmondi, . . . .
Henry A. Foster,
John F. Hubbard,
William 1. Dodge,
John C. Kembls,
Reuben H. Walworth, .
Jacob Sutherland
John SaTage,
Joho F. Buon
Junet LiviogttoD,
Jamei D. Wanon, . . . .
Itaae W. Biihop,
Samuel Nelaoo,
168 00
141 00
163 00
163 00
117 00
loa 00
144 00
147 00
141 00
163 00
163 00
141 00
138 00
163 00
111 OO
163 00
ISO 00
158 00
163 00
163 00
150 00
153 00
158 00
169 00
139 00
136 00
90 00
163 00
13S 00
163 00
163 00
16S 00
163 00
163 00
163 00
133 00
163 00
51 00
S3 60
111 00
61 00
78 00
'46*00
45 00
45 00
46 00
40 80
S6 00
60 40
64 SO
40 80
48 60
IS 90
49 50
63 40
68 80
34 00
S« 00
70 50
06 60
S 00
33 00
46 00
48 00
1 80
11 40
19 30
19 80
0,315 00
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STATE OF iSEW-YOKK.
No. 12^
IN ASSEaiBLY,
February 5, 1835.
REPORT
Of the committee on claims, on the petition of Gilbert
D. Dillon for relief.
Mr. M. H. Sibley, from the committee on claims, to which waj
Inferred the petition of Gilbert. D. Dillon for relief,
EEPORTED;
(That the peUUoner if an inhabitant of Kingaton, in Ulater coun-
ty: that while enfaged a> firat lieutenant of the Ulster artillety
and in obedience to ordeta from the AdjnlaDt.General, in payinj
military honors ti) the memory of the late Goremor, DoWitt
Clinton, then recently deceased, the accidental diachar^ of a can-
non wounded hun so seirerely as to confine him to his room for
many months: and that after a long and painful sickness, attended
with bunhensome eipease and pecuniary loas, he was tnally left
with an impaired constitution, with his right arm stiff and his ri(fal
hand almost useless. For this injury, received while engaged in
the perionnancc of a public duty, «ijoined upon him by lawfd
command and, so far as appear., without culpable negligence on
hia part, he asks relief "^
.s '^r^TJ"" ""^ " "^ ^"^ "• <»'™l»~l«t. by
the aSdanu of Henry Tappen and J»»b K. Trumpbour, to whiii
the committee refer. r , wi
Assuming the case to be correctly sUled, uhI the committe.
have no donbt it is aubetantially so, it ptnenu one of p«ai|i„
hardship on the part of the petiUoner, ind baa .pp..M rt™^,
[Assem. No. 187.] ■ r>™- •■™«jiy
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to their sympathies. Finding that the petitioner wasremedileis an-
der any eziiting law, your committee have sought to bring his case
within some safe general princii}le which would justify its favo-
rable consideration by the Legislature. Your committee are all
of opinion that the application is founded in justice; and some of
them have not been able to distinguish Dillon's case, so far as bis
claim to relief ia ooscen)«d> in point of principle, from the cases
of revolutionary, invalid, or other pensioners, or from the claims
of other citizens reeetving lojtiry to person or property, while en-
gaged in the public service, and as the unquestionable consequence
of being so engaged. It is thought, that the justice and validity
of claims of this nature do not depend so much on the character
or importance of the occasion in whioh they originate, as on the
fact of employment in the public service, pursuant to the requisi-
tion of lawful authority, and the actual execution of duty with
reasonable care and discretion at the moment of receiving; the in-
jury. In this view, and under all the circumstances of the caie,
the committee have concluded to recommend his case to the favo-
- rable consideration of the House, -and have instructed their cbur-
man to ask leave to introduce a bill for his relief.
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STATE OF NEW-YORK.
IVo. 128.
IN ASSEMBLY,
January 23, 1835.
REPORT
Of fionr inspected bj John Lane, late Flour Inspector
of the city of New -York and county of Kings.
Report of John Lane, late inspector of flour in the city of New-
York and in the county of Kings, from 33d February to lit No-
vember, 1884.
Htpteted tn JVt K. At. vaL per bbt. tSmount.
SIT bbls. extra superfine flour, 95 50 41,198 60
35 J '* " " 8 00 , 75 00
833,888 " superfine flour, ... . 6131 4,319,581631
30,351 1 " " .... 3 8U 86,080 03)
15,370 " fine flour 4 871 74,485 181
78 1 " " " 3 681 309 631
11,935 " bad " 4 60 68,662 50
831" " " 3 50 -307 50
8,330 " fine middlings, 4 00 33,880 00
6^549 " middlings, 8 60 33,921 60
6,372 " ship ituffil, 3 75 17,523 00
14,639 " rye, 3 85 49,040 65
4,778 bhds. Indian meal, 15 50' 74,069 00
18,190 bbls. " 8 50 68,665 00
10 " buckwheat, 6 35 63 60
101 " " . 2 871 38 76
Tout. •4.894,666 311
[Atsem. No. 138.] 1
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r
RECAPITULATION.
811,696 bbla. wheat flow; feM 1 eeal per bbL,.... WtTie K
M>,4ST 1 " *• "I " 3M 37
14,6»9 "rye, "1 •' .... 146 W
10 " bockwbeat, " 1 ■* 10
10 i " *♦ "I " .... 10
4,T78 hhd>. Iitdiaa nefel. •* 8 ** Uid. ... . 143 84
18,100 bblf. *• "1 '• bbl 181 00
Weighing 14 bUi. tight, tt«ceb1i, 84
Whole unount of feei, •0.49S 99
DitbunenMDti for inapeciioo B,01S S9
•4,480 60
loipected in Kingi coonty <)uriog the yetr 1834, 4,S3S tkbb. of
flour; fees for inipection, & eeati per bbl. ; received by Mi. Tboa.
Cftrpenter, depaty iiupector for that eotuty, for hu emm^eonijitt.
AnwHiot of fsM, •90.84.
A detailed statement of diibunementi by the floor inipector of
the city of New- York, from the S3d of Febraary to the lat ol No-
Tenbor, I8M, tjb:
C. p. Tappao, deputy ioijieetor, 81 monlhi, at •104.10
permo. •8<0 90
Daniel Brinkerhnfl; " 81 " at*104.18 " ft4ft 80
James B. Oakley, for one month's services as inspector, SO 00
John Marshall, from 33d March to Ist Nov. at •SO per
month, 413 SO
P. T. Chamberlin, SI months services as deputy, at^CO
per month, ST& 00
Charles J. F. T. Hendry, clerk firom March 1 to Not. 1,
at 921 per month, ...'. 168 00
For seven laborers employed at ^a week, 1,168 99
William Cox, for charcoal frmn I Otfi March to SYth Aug. 67 S7
Job Haskell, for charcoal from Oth Sept. to 36tb Oct . . S8 50
Peter J. Nevins Ic Son, for 6 month* rent fi>r office, at
•176 per year, 87 St
SunoelWiUetlBfcCo. " "•60" S» 00
' Westerrelt ABi^rt, " " VSO '> 36 00
Carried lorward, •
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N«. 1S8.] 3
Brought forward, •
JameiN. Oobb, ) ton Peach Orchard coal, Aprils,.... S 33
Samuel B. Reevei, 1 ton ** " Sept 29, . . 6 00
Martin fc Booth'i bill, for branda, gimleta, augurs, kc.,
from 23d Feb. to Ist Not., 306 81
G. Higgini, grates for furnaces, from 36tb April to SSd
July, incluaive 3 00
Cartage, saw filing, saw files, &c., IS 01
Stationary, one large leger, 918.50; paper, day book,
cash book, &c., St 19
Amonntpaid to R. McCarty for cedar bolts, plugs, patent
balances, flour and com neai augurs, gimlets, brands,
scratching irons, furnace kettles, splitting knires, saws
and bucks, desk, table, chairs for office; offices, 17
South, S53 Front and 88 D«y-streeta, with the priri-
lege attached to them from SSd Feb. to lat Hay, fcc, 750 00
•5,015 M
I certify that I believe the above statement to be correot
C. P. TAPPAN,
Aupecfor of JNotw, tfc.
Jiita-rork,Jt»uaiy, lUft.
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STATE OF iraW-yORK.
No. 129.
IN ASSEMBLY,
January 23, 1835.
REPORT
Of C. P. Tappan, Inspector of Flour in the city of
New-York.
Report of flour inipected in the city of New- York, from No-
Tetnber 1, 1884, to JaDUsry, 1835.
Inipected in JV*. f. tSv, vai. per hbl. Amount.
817,425 bbli. niperfine flour, 06 131 •1,626,S08 18)
11,6411" " 3 811 88,740 81 i
4,844 " fioe, 4 87) 20,689 50
1,719 " bad, 4 50 7,785 50 '
49 1" " 8 50 182 50
3,888 " fine middlings, 4 50 12,748 60
3,803 " middlings, 4 00 0,813 00
1,763 " ihip-stufi, 3 75 4,830 75
8,565 " rye, 8 35 8,598 75
1,715 bhdi. Indian meal, 15 50 36,583 50
4,373 bbli. " .; 8 50 14,952 00
39 " budtwheat, 6 36 804 75
80 4" " 8 87J ■ 57 60
Total, «l,76&,3ei 681
RECAPITULATION.
830,377 bblf. wbeat flour; fees for inspection, 1 cent, •3,803 77
11,600 J " " . " 1 >' 118 gQ
Carried forward, •3,410 67
[Assem. No. 139.] 1
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4 {AmtmrnmuT
Brought forwanl, •8,419 07
3,989 bbtt. rye floor; foet for iQq>ectioB, 1 ceotr 35 S5
I,71S hhds. iDdUn meal. ** S '« 51 45
4,872 bbli. " " I " 42 78
SO "■ buckwheat, '^ I " 99
30 i " " *' I " 20
Total amoont, *>a540 08
3,355 53
A detailed statemeDt of diabaraeaMiits hy the floor inspector of
the city of New-York, from the Itt of NoTember, 1 884, to the lit
of January, 1889, viz:
D. Brinkerhoff^ ai depoty, fbr two months Nrvices, #1,384 55
P. T. ChamberliD, " '* at 950^ 100 00
Joho Marshall, " " " 100 00
Charles J. P. T. Hendry, cleA, " at $21, 42 00
Martin k. Booth's UH, for brands, gimteta, fcc 10 25
G. Hif^ns* hill for grates for fomace kettles, 3 75
V, J. Nerios's bill for two monthi oflSce rent, at •ITS
per year, •• 17
Sanoel Willetts & Co. " " at tSO " 8 88
Wcsterrelt k Bogert, " " " •» e S3
Stationary, 8 84
Job Haskell for six loads charcoal, at #8.50 par load, 31 00
Tbos. Conor, for one " .... 4 85
N. SdioreoiBn, for 305 cedar bolta, at 25 cents eadt, 51 S5
Filei^ filing saws, cartage, &c. 14 W
Laborers for deputies and lawiog plug stufb 874 H
Paid Thomas Laoe, administrator for tha estate of
John Lane, late flonr impector, deceased, for toob
for carrying on the buiiness of flour inspector, viz:
plugs, oedar, bolts, brands, augurt, gimlett, fomaoe
kettles, plug and coal baskals, fce. kc 150 37
•2.395 53
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No. IM.] S
STATE OP NEW-YORK, )
City and CotniTT or Albamt, bs. )
C. P. Tappan, of the city of
New-York, being tworn, layi, that the wilhin ia a true and cor-
rect report of the fioar inapected by him from November 1, 1694,
to January 1, 1836i
C. P. TAPPAN.
Sworn to thii 15th day of)
January, 18S&, before me. {
Hburt P. tfvamm,
Commiuumer of Deeds.
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STATE OF NEW-TOSK.
No. 130.
m ASSEMBLY,
February 5, 1835.
REPORT
Of the committee on the petition of aliens on the peti*
tioD of Patrick Rooney.
Mr. Patteraon, from the committee on the petition of aliem, to
which wu referred the petition of Patrick Rooaey, <^ the citj of
Albany,
REPORTED:
That the petiUoner represents, that on the SSd day of Septem-
ber, 18S4, he parchased of one Mary Moore, alioa Mary Murphy,
one equal nodirided half of two certain lots of land in the first
ward of the city of Albany, and paid her five hundred dollan
thereibr: That the said Mary Moore, alias Mary Murphy, died
in October last, intestate, leaving do lawful issue whatever.
The petitioner further represents, that at the time he made the
purchase above mentioned, he supposed the said Mary Moore, aliaa
Mary Murphy, had a perfect right to sell and convey the said land
above mentioned, but he has since learned that she was an alien,
not naturalized.
The petitioner, therefore, aika that a law may be passed releas*
ing the right of the State to the said lands to him, the said Patrick
Roooey.
The statements contained in the petition are verified by the oath
of the petitioner before Anthony Oould, a commissioner of deeds.
[Asswn. No. 180.] 1
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After m full uiTMtigKtiOD of the Mibjeet, yoor committee an af
ofNoioD, that in act tbouM be puwd io oooibrau^ to the fnjw
of lbs petitioner, lad have directed thwr dttimwii toa^lMve ta
introduce a bill.
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STATE OP NEW-YORK.
No. 131.
IN ASSEMBLY,
February 4, 1835.
REPORT
Of the select committee on the memorial of the in-
habitants of Queens county for a new court-house
and jail therein.
Mr. Jackson, from the select committee, to whom was referred
the memorial of sundry inhabitants Oi the county of Queens, pray-
ing for the passage of a law authorizing the board of supervisors
of said county to raise moneys to purchase a suitable site, and to
erect thereon a new court-house and jail,
RBPOETED:
That the memorialists represent, that the present court-house and
jail of said coi^ty is a wooden building, and has been erected for a
period of more than forty years: has always been considered ex-
tremely inconvenient in its arrangement for the purposes for which
it was originally erected, and, for a long time past, manifestly insuffi-
cient for the safe keeping of prisoners confined therein; andnolwilh-
itanding all the precautions of the board of supervisors, and the
Qtmoat vigilance of the sheriff, escapes have, for several years paat,
become alarmingly frequent.
The memorialists further represent, that in consequence of the
age and present condition of the court-house and jail; the increase
of population and wealth in the county; the entire insecurity of
the jail, and the improper location thereof, it has become almost
indispensable that a new court-house and jail should be erected,
better calculated for the due restraint of CTiminala, and more con-
[Awem. No. 181.] 1
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9 .[AnEKVLT
Tottent in its locaUoa than the present building is capabk of being
made. They represent that the site «f the present court4ioui»
and jail is apoB the northern edge of the great Hempstead plains;
has but few house* in its immediftte Betghborhood, and bnt one pob-
Kc house, capable of aSbrding accommodations only to a small
part of those who nually attend conrt Th^ adt to hare a new
eourt-hoitse and jail erected, and that Ae same be h>cated in or
near some considerable ViUoge dearest to the centre of population,
thereby affording those necessary aecommodadons so desirable to
all who are compelled to attend the courts; such a situatioo, the
nemoridists represent the ritlage of Hempstead affords: the large
and respectable public-houses established in this village can con-
veniently accommodate as many as Dsnally attend Uie courts.
The memorialists, therefore, respectfully lequest that provision
' may be made by law, authorizing the board of supervisors of said
county to raise, by tax vpon the taxable property of the aforesaid
county, in the ordinary manner, any sum which they may deem
sufficient, not exceeding ten thousand dollars, to purchase a suita-
ble site, and to erect therecA a new courtrhouae and jair; and that
they have power to seU and convey the present court-house and
jail, with the land appertuning thereto; and further, to authorize
the board of supervisors, should they deem it expedient, to pro-
cnre the money which may be necessary for the purposes afore-
said, or my part thereof, by loan, to be reimbursed in annual pay-
ments, or otherwise, as to them shall seem advisable, and moat for
the interest of Ute county.
Your committee, in investigating' the subject, arc satisfied thtf
the representations of the memorialists are correct That the
building now used as a court-house and jail, is in a poor, weak
condition, unfit for the safe-keeping of prisoners; and not being
aware of any very serious opposition to the wishes of the memo*
rialists, they are, therefore, <^ the opinion, that their prayer should
be granted, and ask leave to introduce a bill.
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STATE OF NEW-YORK.
No. 132.
IN ASSEMBLY,
February 7, 1835.
REPORT
Of the committee on colleges, academies and com-
mon schools, on the memorial of the trustees of
the Mount-Pleasant academy. .
Mr. Wetmore, from tho committee on coltcgea, Academics and
ctHnmon schools, to whom was referred the memorial of tho tms*
tees of Mount-Pleasant academy,
. REPORTED;
That the memorialists ask to be relieved from liabilities iaearred
in the purchase of marble, and other building matcriaJa, from tho
State quarries and prison at Sing-Sing. The circumstances under
which the contracts were made, and the causes which have led to
the inability on the part of the trustees to fulfil their engagements,
are minutely detailed in the memorial which is annexed to, and
forms a part of this report.
The committee are fully aware of the importance of guarding
the avenues to the treasury, and of avoiding every unnecessary
appropriatiiHi of the public means. The case under consideration,
however, is one of peculiar hardship, and appeals strongly to the
Legislature for a liberal exercise of its powers. The embarrass-
meats from which the memorialists desire to be relieved, have
arisen in the performance of public duties, interesting and impor-
tant to the community. The committ«e believe it to be a wise
[Assem. No. 1S3.] 1
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dnd just polic]'' that seefct to encourage the eflbrts of enlightened
and philanthropic citizens in the cause of edncation; they have
cone to th« conchision, therefore, that the prayer of the memorial-
ists ought to be granted. Leave is aceordingly asked for the intro-
dnction of a bill. •
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PETrrioN
or the trustees of Mount-Pleasant Academy, in the
vUlage of Sing-Sing, Westchester county, for relief.
TO THE LEGISLATURE OP THE STATE OP NEW-
YORK.
The memorial of the trustees of Mmint-Flcaiant Aradeniy, in
the village of Siiig-Sing, county of Wcttclictter, rcipoclfully ihew-
cth:
That your petitionert have, for a number of yean patt, been
assiduiiuily enfjagud in rearing and maintaining a literary institu-
lion, that might eisentinlty aid Ihc causG of Itleraturu and soienco
ill our fnvored country: That under the smites of Providence,
tlieir academy hna been rising and its pupils multiplying, until the
Uuildings heretofore occupied by the institulinn had become whol*
iy inadequate to their comforiuble accnmmodalioR.
In anticipation of this result, your petitioners were eonitrained,
two yevra ago, to make arrangements for more enlarged n^com*
modations: and for this purpose, they purchased a largo and cligi>
ble lot of ground, and entered into a contract for the erection
thereon of a large and substantial cdiflce of rou;E:h ttone, whereby
thev became responsible in iho amount of 12.t>0Q dollars.
'j'he foundation of this building was unfortunately laid in the
full of the year, and not being sufficiontly defended during the siie-
ceediag winter, just as the walls were completed to (ho height of
three stories, about ono^uarter of the building actually fell to iho
ground.
Upon this disoslmns occurrence, your petitioners, having no con-
fidence in the foundation, were utterly unwillino; to have th : ruins
repaired, and to avoid all legal coniroveny with the eontrnctor,
Were induced to enter into a new coDlract, whereby they sultjecl-
od themselves to additional rcsponsiliililies, for the sake of having
the entire walls taken down, the foundation removed, and the
whole building commenced anew.
This has been done; and although the work was necessarily de-
layed beyond the time first contemplated, whereby your pctilion*
ers have lost about a half year's income of the premises, the build*
ing is completed, and has been occupied by the instiiutioo sineo
the last spring.
The moans by which your petitioners have bacn enabled to ac-
complish, thus lar, this great undertaking, under these peculiarly
discouraging circumstances, have been, in addition tn the avnjl; nf
their foimor loU and buildings, the voluntary subscription of them-
selves and others friendly to tho object, and a permanent loan of
•3,000^ the interest of which is provided fur out of tho renu of
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fhe pTcmifCii; and it rs cnnfidentljr cxperted that the priodpa) wiB
be gradually reduced by the same and other meaus.
But in bringing ihcir nccoants to a close, yonr pctitioncn find
•omc demands ngninst them which they have no available means
of rfiacharging. Among these, they woald beg Icare to stale, is tt
demand due to the State Prison in this village, amoBnticg to
•1U6.7I, priiidpntK- for additional stone, rendered necessary by
the entire rebuilding of the wails. And yonr pctititvocra would
further ciRtc, that m the progress of the worfc, one of their oom-
bcr, irho bad preriootry contributed liberally to the erection of
the building, was induced to become penonally responsible tn the
agent of the prison, in the amount or 9300, for matcrinia previous-
ly furnished for the acndcmy, and which ho hns paid lt> the agent,
wiih tlie expectation that the trustees would be able tn indemnify
him, and discharge afl other demands against them; but the latter
tiicy arc unable rodn, ns the payment of thesiiid sum leaves ihcin
in debt to other individoals lo about the same amount, and desli-
tntu of any means to meet them.
Yogr pctilioDurs, therefore, respectfully, but earnestly pray, that
in view of the pccnKarly trying circumstances under which ihcy
they have pmscculvd this laudable cnterprizc, not for their indi-
Tidual advantage, Imt for the benefit of oar common country, your
honorable body woiHd pass an act, exonerating them from the pay-
ment nf saidflcbt of •iO0.71, doe lo the State Prison, and (nr tfao
refunding of (he said 8800 paid by one nf tlicir number to ihc pri-
•on, for materials furnished in the buikling of their academy, and
for which thny nre ac(»iuntal)lc.
And your pclilionera would respectfully add, that much as they
need (he sympathy and nid of yoar honorable body, ibey would
not have presumed to prefer this rc^^oest, were the State Prison
now, as in fornwr years, dependent on appropriations fmm the
Slate lor its sm-cessfui opcraiion. But having learned with plea-
sure, from the report of the inspectors nnd agent, that, for thu last
two years, it has nr)t only unstained itself, but haaactualk yielded
several thousand dollnra of surplus revenue, your peiitiiiners are
indutrcd ii> look with confidence to this source, as the means nf m-
li<)f from Iheir prcsttnt embarrassment. And they would iHke the
lihcny of stating another ciministance, which may entitle their
petition In a favorable consideration: that a considerable portion
of Ihii debt hns been incurred for stone on which little labor was
bestowed after its removal from the quarry.
Untlcr Iheso circumstances, rour petitioners appeal to yonr ho-
norable body for that rc-lief wbieh. If granted, will materially a\-
levinle their emlmrrussmunt, and encourage and asoiat them in ihcir
patriotic enterprizc, while it will not diminish the ability of any
existing institution.
E1>WARI> KERNEY8, PraU.
AARO.X WARD, Snnhfrg,
Of the truiltiei of Mounl-
Pieatant ^ademg.
Smg-a^, Dte. 2», ISS4.
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STATE OF NEW-YORK.
No. 133.
IN ASSEMBLY,
February 7, 1835.
REPORT
Of the committee on claims, on the petition of Solo-
mon DaTis for the conveyance to hun of lot No. 31,
in the « two mile tract."
Mr. M. H. Sibley, from the committe on claimi, to which wai
referred the petition of Solomon Davis, with the affidavits and
certificates thereto annexed,
REPORTED;
It oppean that the petitioner, in 1833, settled among the Oneida
Indians as a religious teacher, residing on lot No. 81, on the " two
mile tract," then belonging to the snid Indians; and that he so
continued until the summer of 1633, when the Inst of the said In-
dians migrated to Green Bay: that the good offices of the petition-
er were rendered in promoiing the policy of the Slate, in procur-
ing the emigration of the Indians, and that in order to encourage
the same, he went with them at his own expense. It further ap*
pears, that the snid lot Xo. 31 was, in 1S34, as part of a larger
tract, bought and paid for by the State: that in 182fi, the Legisla-
ture authorized the Indians to exchange other lands for the said
lot, that a missionary might continue to reside thereon; and al-
though such exchange has never been in fact made, yet the peli-
iioner has been permitted, by the successive Governors of the
State, to continue on the said lot, with the assurance from the lata
Governor Throop that he would be paid for hit improvements
Uwreon: That those improvements are worth several hundred dol-
lan, and the petitioner still occupies the prembes.
[AaMm. No. 138.] L
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He A^ki for a law directing payments for his imprDyemeDts oat
of .the State treasury, or that the laad may be conveyed to him,
npon his paying to the State the fair ralue thereof prior to those
improvemeDts.
Accon^anying the petition are two affidavits— one by Stefdieo
Parkhurst, and the othor by Erastoa Stoddard; and tw» eertificatet
—one of which it signed by J. L. WilliamSr Jobs Smith and TV
mothy Jsnkins.
Stoddard testifies that he built a bam on die lot in ({ueation in
1881 for the petitioner, which cost 9310. Parkhurst, in his ^da-
vit, estimates the improvements, including buildings, feaeing, o^
diard, clearing, &c at upwards of #700. The certificates corro-
borate the general statements of the petitioner; and that of Mr.
Savage, who was some time a member of this House irom Oneida
eounty, confinns the fact, that an assurance was given by the late
Governor Thnx^ to the petitioner, that he should have the [m-
emptive right to the lot; and that the petitioner accot&paaied the
Indians under his car* to Green-Bay.
Upon viewing the whole case, the committee unanugsoasly re-
commend the passage of a law, providing for a just appraisement
of the said lot No. SI at iis present cash value, and of the iat'
provcments made thereon by the petitioner, and the eonveyance
of the land to him upon his paying snch value, eiclasir* of the
value of the said improvements; and have iDstruciod lh«r cfaaic-
maa to ask leave to introduce a bill to this effbcL.
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STATE OP NEW-YOHK.
No. 134.
IN ASSEMBLY,
February 7, 1835.
REPORT
Of the Commissioners of tlie Land-Office, on the pe.
tition of S. Newton Dexter;
The Commisuoners of the Land-Office, to vhom ynt referred,
by the Asaembly, the memorial of S. Newton Dexter, mpectfol-
REPO&T:
That on the'29tli day of July, 1813, Seth Capron' procured 4
loan of money from the people of this State, and to lecure the
payment of vhich, he executed two certain bonds and mortgagei
— the first being a mortgage on lots Nos. 6 and 7 in the .Sedaque-
da patent; deKribing lot No. 6 ai containing 109 acres, and No.
7 ai containing fl7 acres. The premises were te secure the pay-
ment of #3,291. The second mortgage and bond, to secare the
payment of 98,709 and interest, were executed likewise on the
said S9th of Jely, ISls; for lots Nos. I, S and S in the same pa*
tent Lot No. 1 was described as containing 831 acres; lot No.
3 as containing 78 acres; and lot No S as containing 70i acres of
land.
The mortgaged premises contained in both were sold oo a fore-
closure by the Attorney-Genera!, on the 1st June, 183B, and bid in.
by him, and on the 1st August following, he released the same to
the State.
The C<Hnmissioners of the Land-Office, on the S7th January,
1838, appointed William G. Tracy and John D. Nellis eommitsioD<
[Aasem. No. 1S4.] 1 ,
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flra to tppniie Um ■everal lots bo purchased, who, by a cerliSeati
bearing date the 23d day of February, 1820, reported lot No. 1,
eoDtainiog 831 acres, worth t20 per acwv.
A certificate of parchase was given by Simeoo De Witt, Snr-
veyor-Gcneral, od the 3d day of January, 1828, to tbe memonal-
iat, S. NewtOD Dexter, for said lot No. 1, for the lam t^ (1,075;
and it described in said certificate aiheiog *' AU that certain piece
or parcel of land situate in Deerfield, in the county of Oneida,
and which is known and distiaguished by the name and descriptioo
of lot number one, in the division of great lot number two, on the
north side of the Mohawk riTer^ in the S«dai}«eda patent, accord
ing to a map and field book of the said great lot number two,
made by Charles C. Brodhead, lurreyor, in the year 1804, an
containing eighty-three acres and three-quarters of an acre, be the
tame more or leas."
On the S5th November, IS33, (he memorialist paid In full tbe ba-
lance of principal and interest duo the State, and on the SGth of
tbe same month, received lutters patent for the same
The allegation of the memorialist is, that he has paid for 831
acres, whereas, by a subsequent survey, and from the presenta-
tion of the map made by Charlos C. Brodhead in the year 1804,
(which map is herewith presented,} it appears ihat hii lot etuitaJns
only 811 acres.
The State having derived title to the prcmisea by and nnder the
mortgage of Seth Capron, and finding no official survey, map or
field-book iberci^ in the Survcyor-Gcoeral'a oSoe, we presame
none wero made. The description in the oenificats and patent to
the petitioner were taken from the mortgage of Capron; and tbe
petitioner paid tbe price of 831 acres of land, at 9S0 per ncrc
Respectfully submitted.
WILUAM CAMPBELL^
JOHN A. DIX,
GREENE 0. BRONSON,
A. C. FLAGG,
Commissumen oftkt Ltmd-Ofet.
ABrvoryT, leU.
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STATE OF NEW-YORK.
No. 135.
INAS8EBIBLY,
January 39, 1835.
REPORT
Of the Ccaomissioners appointed under the ««act con-
cerning State Prisons.*^
TO THE LEGISLATURE OP THE STATE OF NEW-
YORK.
The Commissioners appointed by his Excellency the Governor
under (he act concerning State Prisons, passed May Sd, 1834, re-
spectfully suboiii to the Legislfituro the following
RBPORT:
. The \ayr under which they derive their power, requires them to
examine into all matters relating to the gooemment, economy and
discipline of tke State Pritona of this State, and into tke manner tit
which the convicts are employed, and the mechanical trades and other
■ labor carried on in the said prisons. They are also required te
eoport to the Legislature at its next sesaiou, whether any, and t^
any, what alterations or improvements may be made in the govern-
ment or discipline of the said prisons, and also as to the expediency
of teaching mechanical trades to the convicts ; and also whether any,
and if any, what mechanical business carried on at either of said
prisons, ought to be discontinurd by reason of its injurious competi-
tion with the labor of mechanics or artixant out of the prisons, or
for other cause. <
For these purposes the Commissioners were authorized " to ex-
amine the Inspectors and agents of the State Prisons, and any other
[AsMm. No. 1S5.} I
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9 [AsasMBLT
ftnoK or ptnona iq>p«aiiog before them on oaAt" fce. Tb»
CommisBioners woob after their appointment, proceeded to uiTesti-
gate the subject committed to theiv cfaaitge^ly)' a p&rsoniil JDspection
of the State Prtsoos, and by an examination on oath, of the difie-
lent officer* of the prisonsr and aJso of auch citizens as voltuitariljr
appeared before them, or attended Hpoo Ae written reqaeat <^ the-
Commisaiooers. They have erperiesced from all' persons with
whom their investigation has led to an intepcoune, a disposition to
promote their wishes^ and to facilitate their inquiries aod afford
the necessary means of iofbrmatioc.
They have collected a otas* of testimoay on the sabject, whidk
is herewith submitted. Some of this evidence is interesting and
Taluable, while other parts of H may appear of tittle conseiiuence,
but which is derived from persons so situated that the Commission-
ers Icit tbenisetvcs required to ezatniDe them for the- purpose of
ascertaining the true state of the natters respecting which the ex-
amioations were made. The ComBMuioners have also caused to
be prepared, statistical tables of information shewing the condi-
tion and circumstances of the class of persons at present subject
to the discipline of the State Fris<His in this State, io order that
the Legislature may the better judge what laws are necessary or
expedient to prevent the conuniasion of crime.
The law under which the Commissiraers were appointed is ge-
aernl and comprehensive in its terms as to the subjects of inquiry,
aod they are conscious that in an investigation of such moment,
more time than they have been able to devote since their appoint-
ment oifght to. have been taken to enable them to look into the
experience of their own and of other States and governments,
and to examine the learning with wlu6h the subject abounds, and
apon mature reflection to form opinions and reduce ifaem to the
form of a report with a view to the action of the government up-
on iL The subject of legal punishment for offences against 80cie>
ty, is one of exceeding interest, and has engaged much of the at-
tention of legislators and philanthropists in times past; it has more
especially within the last feW years been a matter of much solici-
tude in the science of government.
Among other important results, those who have had the most
experience and have best examined the subject, have become satis-
fied that old ofieodsrs who were really vicious and accustMned to
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^rime, rarOjf r^orm vnder my xtefs «f jmfim JifcJpKiu; and Tni^
«her, tttat aisociatioo among cmricts natei bad nea worse, and
tendfl to eradicate and dcsti-oy whatever oi'good prtodplea remaia
«iiioDg 4be Je« criBunal and hardeoed tubjecta of pDnisbmeot.
That State Pritoiifl «ad penitentiarioa ahould prod«c« crime in-
stead of preventing it, may ba'a new and sUrtling idea to thoae
wboae atteotion has not be«i given to the uibjeot: But that'such
wai the fact under the prison discipttae formerly existing in this
JState, and whidi sttil obuina in some of the other States and in
most of our county jails, is a truth of which every individual may
satisfy himself vpon invesligatioo. This is an unnecessary stale
of things, and is only contiDued for want of information.
Imprisonniant as a punisbmeot thnli. abeat/M be toUiaty; in the
wicked and corrupt it prevents them from teaching others — ta
youthful and venial ofienders it leads to reflection, penitence and
virtuous reformation — it may be severe, but it is salutary severity-.
To the innooent before trial, it is certainly desirable to enjoy the
aatisfactioa of conscious rectitude in solitude, rather than to be a*'
sociated with felons and miscreants for eompuiHMiB and bed Set-
lows. By confinemeBt in s<rfitude, the offender against the happi-
uesi of society is deprived not only of the power of repeating bit
offence, but of the advantagfis of a situation of which be has proved
himself unworthy, while the mind, that gift of heaven, is left free
to measure out in its lonely reflections a degree of remorse and
suffering proportionate to the offimce committed, with infinitely
greater certainty o( adaptation to the extent of moral guilt, than
any human tribunal can arrive at Solitude must however ba ao^
compaoied by labor, so as to give some reflection to the mind and
activity to the animal functions; and experiments have proved
that if too long continued withont labor, it will not fwly destroy
the health, but will actually impair the mental faculties, and finaK
ly terminate in idiocy or death. Mord and religions inatmctioo
are also great assistants in producing reformalioD, in that class of
convicts from whom such a result, under any ciTcnmstanoes> may
be expected. Tbey set the mind upon the right train of thought,
and tend to prevent utter .despair and wretchedness from holding
the object of puaishnMit up to Us own view as beyond iutpe or
naercy.
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4 [Ai
h u thi* principle of loHtarj/ csnJinemeiU mtk labor and intlrmc-
tioM, upon which the ditcipUne in our SUtt« Prisons is based. The
BoUtude at night is entire, and though the convichi work t<^tber
in the day time, it is ia sileneo and without intercoramuDicalioo;
and 18 as great a degree of solitude as is consistent with iheir con-
T«nient and profitable employment, and with the immediate neces-
wties of life. Under the system adopted in this St^e, -we may^
ftom' iu general harmony with the philosophical pijnciple of labor
t» aolUude, assume the riews of those by whom it was 6rst intro-
duced. Whether it would not be better if there was no departnre
from the principle of entire and absolute solitude, and if our pri-
sons were so organized and constructed as to have the convicts do
their labor, and have their .necessary wants supplied each in hit
"own cell, is perhaps a question to be hereafter settled by experi-
ence. The penitentiaries of our sister State, Pennsylvania, are
so constructed. Tlie prinoiple of solitary confinement with labor
and instruction, is there fully developed; punishntent by the inflic-
tion of stripes is not used, and the officers of the prison and oth-
ers, the friends of the system, are entirely convinced of its prac-
ticability and of its superiority over every other system.
The Auburn system, generally so called because it was first
adopted in this State at Auburn, and by which. name we refer to
the prison system of the State as existing at Aaburn and lUouul-
Pleasant, has been however more generally approved and adopted
by those who have been led to inquire into iL
State Prisons have been rocently constructed on the Auburn
plan in the States of Maine, New-Hampshire, Vermont, Massa-
chusetts, Connecticut, Maryland, Tennessee, Kentucky, Missonri,
Illinois and Ohio; also in Upper and Lower Canada, besides nu-
merous city prisons and county jails. The propriety of non-in-
tercourse among convicts is now so well established, as to be no
longer a question. The Auburn plan has tried and well settled
advantage's over all the old prisons. This State has had the honor
of bringing to a high degree of perfection a penitentiary system
which, though not new in principle, was little known or practised,
but which from its practical results here, has excited the attention
and admiration of philanthropists and statesmen both in this coun-
try and in Europe. By its great advantages in economy of ex-
pense, and in its salutary effects upon convicts, it has produced aii
entire refonnatioo in the prison discipline of the United States^ if
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Ho. 18S.] ft
not in the world. It becomes us under this slate of tbiogs, to be
■till foFomoat in bringing the system to the highest possililo state
of perfection, wliile at the same time we should be carerul to do
DothiDK to impair its usefulness.
The Commissioners are required to investigate and report upon
two distinct questions — the first of which embraces the whole peni-
tentiary system, and is in reTerence to the discipline, economy and
government of the State Prisons> They have scrutinized with
some care these matters in both the State Prisons, and while they
accord to the present msnageis of those institutions groat praise
and credit for the high degree of discipline and good order pre-
vailiog in them, and for the general ezceltence of their respective
administrations, and give their testimony to the talents, integrity
Mid entire devotion to their duties, of the respective agents, they
still feel called upon to stato with entire freedom every defect or
erroneous practice, by the removal or obviating of which our pc
niteotiaries may, in their judgment, be in any respect improved.
The first important observation that arrests their attention, is
the circumstance that there is a manifest difference in the two pri-
sons, in the effect of the discipline, intended to be similar, upon
the minds and feelings of the convicts. This difference fias been
before obsorvcd by official persons, as well of this State as of oth-
er States, and by foreigners, who have referred to it in their wri-
tings. In looking for the causes of this difference, it may be
traced in part to the fact, that the laws under which the two pri-
sons are governed arc different from each other in some essential
particulars, and neoessanly carry wiih them a different spirit of
government and discipline; and in part to a want of froquenl in-
tercommunication between the officers of the two prisons; and to
part also to the individual character of the respective agenU.
At Moant-Pleisant the agent appoints his deputy and all the UQ-
der keepers. At Auburn the inspectors appoint those officers.
At Mount-Pleasant the agent in practice fixes the salary of the
B3veral assistant keepers, subject to the general regulation, that
they shall not average to eiceed •500 each, though by the letter
of Uie hiw this is the duty of tbe'inspectors. At Auburn the sala-
ries are fixed by law for every officer.
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Tb« loifwcton of tbs priion «t HouBt-PlatMUit node at « £«-
tance, and only make riiiti at atated perioda with conaidarvble ia-
tervala, and the practice haa been* that many trf* the powers vest-
ed by law in the Inipecton, are in fact ezerciaed by the agent
He Diakea the contracU aod ia entrusted with, and has the wrfaote
goremmeot and dir«cti(n of the prison and its ofl&cera, aod ii
rarely controlled or interfered with by the Inspeetora. At Au-
burn the Inapectora reside in the immediate neighborhood of the
BTWOD, and are in habits of daily intercourse with the hgent; and
all eontracti and important measures are made under their imme-
diate supervision.
At Mount-Pleasant ao person ii adnoitted into the priaon to aee
tite eonricta bat by special permission of the agent, asd this ■■
only given to those baring business or seeking informatioDt and i«
not intended to be promiaeuons or genefal. At Aobura all per-
aoos who choose visit the prison establishment by paying twenty-
five oenta. Ita government is consequently in some degree tmder
public observation, and subject to the moral influence of public
opinion.
The individual views of the agents are also somewhat diflerenL
The one relies almost entirely upon a rigid penal discipline eik-
forced with a strong arm. The other brings to hit aid, in a greater
degree, a moral influence upon the minds of convicts.
The chaplains' duties are not peiformed alike. At Auhnm this
officer has a room in the prison, and hit whole time it devoted to
the iRiprovement of the moral condition of the convicts, aod be is
the confidant and adviser of the agent At Mount-Pleasant the
chaplain resides in the village of Sing-Sing, and only visits the
prison at stated periods for the diicbarge of his duties.
These discrepancies in the penitentiary system of the name
Stale, ought not to exist; one or the other is the better system,
and probably both may in some respect be improved.
The government at Mount-Pleasant is in a high degree vested
in one man; that at Auburn partakes more of the rept^tUcan cha-
racter.
The difference between the two prisons in respect to oorporeal
paaishowot, is not as great as has been generally sa{^>oa«d, and
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No. in.} T
from the compftrueo of the nportt of i1m ksepen ai to the amount
of flogellitiott actually inflicted, the Commiuioaen belicTO there
is very little difibrence between them at this time.
At the MoHDt'Pleaaant prison some recent relations adopted
by the Inspectors have bad the effect to diEQinish the amount of *
whipping without impairing the discipline. In a government
' where all power is in efiect vested in a single individual, and his
directioa is the law of the place, the whole discipline and econo-
my becomes moulded to his peculiar character and views; his mind
pervades the entire system.
The CommissioD^ra are of o[Hoion that sufficient atteotion is
not given in the practice of discipline to the operation upoo the
minds and feelings of the convicts: That it is not properly appro*
dated, that convicts are, like tho rest of mankind, most efiectual-
ly governed tttrough the means of their menial faculties; that
they are capable of reSection and judgment, actuated and impel-
ied by the passions, influenced by hopes and fears, moved by
stripes to anger and revenge, and entertaining even there, if pei>-
■nitted, pride and ambition. True they arc sent there to receive
the punishment adjudged by the law for their offences, and are
continually reminded of it by their humbled and abject condition,
and their entire subjection to the Will of their keepers; hut the
keepers have no right to add to the punishment imposed by the
law; the prisoners are under their charge merely for the purpose
of safe keeping ac^rding to the rules of the prison; and instead
of having complaints heard with a stern aspect, or treated, with
apparent indifference, or answered as is someiimes done by a re*
ply that they were sent there to be punished, they should be lis-
tened to with kindness and attention. They should be led to be-
lieve that their sufferings are not aggravated, but rather alleviated
by their officers, they shouM attribute their degradation to the
strong arm of the law, andnot be made to feel that their deepest
suffering is the effect of petty tyranny. Their submission to dis-
cipline would not be impaired, but rather improved by these
means; the effect upon their minds would be salutary, and the hopes
of reformation would be promoted.
It has been assumed that a greater degrae of severity was ne-
cessary at the prison at Mount-PIeosant than at any other, in con-
sequence of its convicu being generally of a worse character tiao
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thoM of other priMm, from the great aninber of desperate vit-
latnt lent there frofn New-York. That clan of meo ara cfaieflT'
pcnoni of comiderable iotelleet, and tboee more readily rabmii
to power beyond their control. The worat men oat of priaon are
not alwaya the wont in priami. It ii the dull animal being «ith
but little mind that makes the wont subject in prison.
The CommissJouen by no means recommend any relaxation io
discipline, nor do they conceive such would be the necessary re-
sult of the course ihe} suggest The character of a keeper should
anile in an eminent degree the qualities of humooity and sympa-
thy with human luflering, with great firmness and decision of cha-
racter. The assistant keepers, under the strict discipline of our
prisons, necessarily possess great power over the convicts in th«r
immediate chargo. No human being should be placed in power,
with sbsolule control over his fellow men, without a check or re-
sponsibility, in some form, to some other tribunal. Public opiaioo
alone may exercise a sufficient restraint in cases where the abuse
is exposed to public observation. Under iheso views, briefly ex>
pressed, the Commissionen recommend the following changes in
the law.
The Inspectors at the two prisons ^ould be alike in nomberand
in their powers, aud a majority should reside in the immediate vi-
cinity'of the prisons.
The agent at each prison should have the appoiolment of bis
own deputy, it being essential to ihe harmony and good order of
the prison that a high degree of confidence should subsist between
these two offiiyn: The ygcnt should also have the appointment of
the guard.
The Inspectors should have the appointment of the assistant
keepers, and the annual regulation of their salaries, subject to a
general average limitation of say (500. The Inspectors should
hold frequent meetings; as often, at least, as once a month.
The office of chaplain under our system is one of much impor'
tance, and may be made of great use, both in reference to the
discipline of the prisons and the moral reformation of the convicts;
be should enjoy in a high degree tlie confidence of the Inspectors,
and should be a kind of medUlor between them and the oonvicis.
The Commissionen would suggest that his duties shouM be ex-
tended, and, to a considerable degree, defined by law. They
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No. ISk] •
^frouM Mika h the ehfti^ui'« duty to 4mwo*» his whoW Inb* to tfat '
yriaMi aarf it« ooncerDS^ 1w «baald Kara a room or office va the pri>
«<H); Ire ihoUd UoU comtant intercoorae with the mnncta, aad
he looked «poa by ^tem aa their frieod, and ahouU alae be the ait
▼iser and coofidant of tfie afettt. Beaidea bia religioua duties
which might be left to his discretion, he «ho«i1d be required le
Iteep a regMtcr of the conduct, cbaracter and puntshmenta of aH
the convicts in the prtson; and while a perfectly good tindentand-
ing should >e maintaioed between the chaplain and agent, the for-
mer abould be hidependent of fhe tatter, aa far as possible, con-
sistent with the police of the prison. The keepers should atl re-
port every morning in writing the severaJ pmiishnients inflicted by
them the day before, with ^c name of the convict, a particular
•tatement of the oSence and the number of stripes inflicted. The
-chaplain should have the inspection of these reports, and rmie un-
der each date every case of punishment; and it should be his duly
at the first cemwnient opportunity and within a short period there-
after, to see and converse alone with the convict punished, and
make oote also of luc^ conversation, and of the apparent efle^t
upon each oonvict. His register should bava an index in which
should bo entered ia alphabetical order the came «f every con-
vict, with a reference to the page where it was registered. This
register should be laid before the Board of Inspectors at each
meeting, and should be carefully preserved. ]t should likewise be
made the duty of the agent, or bis deputies, to keep a daily journal
of the police, in which should be entered all police rules, and his
private memorandums of the state of discipline, and a brief state-
mem of e¥«ry infraction of the rules by the sub-keepers, and of
their omissions to preserve proper discipline among the convicts
whenever such cases come to his knowledge, and of all complaints
made to faim by prisoners of want of etothing, of bad food, being
over worked, and of ill treatment by the sub-keepers. This joor^
Dai should also be examined by the Inspectors at- every meeting,
and should be preserved. The chaplain should be a man of talents
and philanthropy and devoted to his calling, and should reeeive a
salary guAeieni for his maintenance.
There.is no reasoa why the ofi&cers of the State Prisons sbmjid
not have their official conduct subject to inspection and scrutiny,
like all other official persons; asd while this plan would subject
them to some degree of rsstraiat, they woiUd h«ve no r^ooo to
[Assem. No. IS5.] 2
DigmzecDyGoOgle
!• [Amskblt
feaf eemare {f tfietr dutnsa were vtriellr performed'. Betides oth-
er advant«ges, sutth ■ courtc would aSori a rduablc fnnd of infitr-
mation to tho Intpecion- Mid others concerned, and the abort upace
of lim* daibf devoted to their joumala could be eaaily spaced bjr
tho seveFol officen.
The ComfniHioncrt arc- persuaded that lite adoption of these re-
gulations would in a short time be the means of bringing our peni-
tentiary discipline to a hi^ state of perfection. Fermilling the
prisons to be scca by visilerSr has also, in tJicir opinion, a salutary
cficct; aud they would recommend having the practice ia th.it re>
s))cci of the Auburn prison adopted at Mount-Pleusant At Au-
burn, visiters in general ar« not permitted to be seen by the con-
victs, but pass through blind alleys constructed for the purpose of
enabling those placed there to watch the convicts without being
themselves seen. These alleys are adopted to a partial extent at
the other prison, and are very useful in maintaining a strict disci-
pline, as neither convict nor keeper witbia the room knows whcik
lus is observed by unseen eycsv
Notwithstanding the soninry confinement by night, and the
watchfulness of keepers during the day, communications between
tlie convicts are not entirely prevented, Titc Commissioners as-
certained to their satisfaction, that Httle items of tnteHigcnce oF
particular interest to prisoners are soon communicated to ihcm;
and instances of discussions upon abstract opinions have been as-
certained to have taken place.
The prison buildings nrc all substantial, well eonstmcted stone
edi6cci, calculated for strength, convenience and durability. That
containing the cells at Mount-Pleiisant particularly is a noble struc-
sure, covering under a single roof lOQO cells. These ace con-
structed iuan inner buHding, entirely enclosed wlWiio an outer one
of larger size. This was built after the Auburn prison, and was
Intended to be an improvement upon that, but in one respect the
Commissioners believe the change was a bod one; that was in
placing the iron grating doors of the cells Sush with tlie outer sur-
face of the wall. These doors are only about three or four feet
opart; and where the prevention of conversation among convicts
is so important a feature of discipline as in lliesf^ prisons, they are
of opinion that the old plan, of having the recess in the waH on
the outside of the door, is quite preferable, if not essential. As
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No. 185.1 11
:theM aro oetntmoted, than Ami not appear to be tany diiBealty
in HiBtntaining « convenatien Tram oae cell to another, and th«t
in rather a low tone of voice, by having the mouth of the one and
the ear of another applied to the apcrtarea in the grating of iw«
contiguous doors. It is true, a seutiod ii continually slattencd in
the building in which the eetls are placed, and walks all night with
«ntire silence aiong the extensive corridors in front of the cells;
but the building is very large, being Kve hundred feet long and
five stories high; the whole extent of the walk to pass every ceH
is about a mile in length, and the chances of detection are, conse^
■qucntly, not very great, unless the conversation should be long
•continued or often repeated. These doors might still be altered
without great expense, and placed on the* inner surface of the
wall, so as to leave the recess of the door on the outside of tlio
cell, which would also prevent the approach of the keeper from
tMing discovered by the prisoner, until directly in front of his cell.
Tho cells in both prisons are wurmcd by stoves placed in tho
long ha^s between the outer and inner buildings, and are also ven*
lilated from the same place, through the open work in the upper
part of the doors. It would be an improvement of some consc-
t|uenco in the warming and ventilation, and also in the exposure
of the entire interior of the cell to the observation uf the keeper
on duty, if the open work of the cell doors was extended quite to
the floor. The Commissioners, however, do not intend to recom-
mend any Legislative action on these points, but rather leave it to
the discretion of the prison of&cers, having deemed it their duty
to express their opinion upon them, as eonoected with the eeono-
Riy and discipline of the prisons.
The Commiisioneri are cnmpelled to state their regret at tha
situation in which they find the female department of our peniten*
tiaries. The attention of the Legislature has been so often called
to this si^jeet, by the yearly reports of the Inspectors of the pri*
aons, by the annual messages of the Governors, and by the equaK
ly often repeated reports of oooHnittoea of each House of tho Le-
gislature, and the deplorrtle moral condition of that class of coa*
victs has been in those papors so well described, that it is sufficient
here merely to refer tn those documents to show the condition they
are in. For the first and second Senate districts the female coa*
Ttcls are farmed out to the corporaiion of the city of New- York,
at the rate of one hundred dollars per annum each, to carry thoir
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MHtanon into eiiflct. SfaouU that cmpporatisD riiecM to imtSov
taking then my loagmr, th«y would bo, m far ss the CowmiMion-
•I* can diacoror, without a Ine/v^ Amw, aad have togo vnpcwMh-
ed or b« agaia- Iiite4 out f» wna etbcr penon at cavporatuM^
The CoinmisHOiiers consider the early sctioi) of the I^isratBrc
apon this- subject to- be highly important; and they do not besitate
to rcconinrend tho paessge of a law directing the erection of suita-
ble baikliDgs to receive and confine female coavicts^ and ihey
have come to the eondiaion, that the^ ooght to be built at or near
each of the two present State Prisooa, and be tuder the general
direction and management of the i^nts of those psisons, with »
suitable matron to each, to have the iatniediate charge of rtteai.
A difficulty has often occnrred, to those who have had this mi-
ter itnder considerationr Hi reference to the eaforeetiKat of proper
discipline among this class of CDnvicts; and experience at Auburn
confirms the difficatty. Reference is had to tho infliction of stripes^
which is pr»:eised upon male convicts for violation of prison regu-
lationt, and is, by alt the oSicers of our prisms, coBsidered en-
tirely necessary. It is hardly to be supposed, that the Legislature
would pass a law authoriziug this mode of punishment, and it
would certainty be dif&cnlt to find a suitable person to govern sucfai
a prison^ who would be willing to parfonn that duly. That diffi-
culty may be obviated, by substituting for the present discipline
solitary coaSoenKsnt and low diet; this is found to be completely
efficacious in all cases in the Pennsylvania prisons, where it is
practised} or, if deemed expe^ent, the entire Pennsylvania sys-
tem, whidi is constant confiaeinent in sohtude, with labor, may
be adopted with respect to this class of convicts. In that kind of
prtscm, one convict never aees anoriier fran the time be enters un-
til he leaves; and there are no peioeivable Afficulties to prevent
its perfect executian by the same agents who govern dte present
prisons. Then wretched female eonvicta eonld, as well in the one
as in the other, do sometlmig towards earning their sobaistence.
Tbey woaM have the benefit of instmetion and solitary refleetion,
which would lead them to repeatance; and when discharged, if
not reformed, they woald probably return to the vrorld not the
Worse for their imprisonntent, which c^not be said of them under
tlM prmmicuout t^tc^Hnt u whiek they we now tubjeeUd,
These buildings nrii^t be erected, if done at the sites of he
present prisons, almost entirely by tho labor of convicts, and with
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No. lli&l 18
little or no apyroprktioB from the State, if the Iwstieial eooditkn
ef the priKKi* should eaatiaae u good the ensuiag yetr m the
put.
In reference to the aecond and moat immediately interesting
branch of the investigation required of the Commissioners .by the
statute, — that of mechanica] labor and the teaching of mechanical
trades in the State Prisons, — they are fully aware of the excited
state of attention of a large and respectable portion of their fellow-
citizens to the subject; and the importance which (torn this cansa
alone soay bo attached to any opinions they may express upon it, '
is 1o them somewhat enbarnssing. There is, however, but one
eourae before them, which ia, to follow out ttva straight path of
dnty, and state freely their views on the subject submitted to their
examination, and offer such suggestions as their mosf patient in-
vestigations and mature deliberations have led them to believe will
prove, under all circumstances, twst calculated to do justice to the
honest mechanic, and at the same time raaintaia a valuable system
of penitentiary discipline for the protection of the whole people.
The evils complained of in respect to mechanical labor in the
State Prisons, may be fairly slated as follows:
t%r3t. That the products of the labor of »«nvicts com[)ete with,
and lessen the fair price and amount sold of the mechanical pro-
ducts of honest citizens, in those articles manufactured in the
prisons; and that, by this means, master mechanics lose a part of
their business, and jonrneymen their employment.
Second. That by teaching convicts mechanical trades, the ec-
cupntion of mechanics in general is dngraded in public estimation,
and a class of bad nen are turned out to seek, in tha shops of ho-
nest citizens, employment in tlie business they had learned in the
priffoas; and by this means mechanics are more exposed than oth-
er citizens to the association of convicts, and consequeady more
liable than others to be corrupted in their morals by them.
As to the first ground of complaint, the Commissioners arc sa-
tislied from personal examination, and from the evidence taken,
that in tome articled, and lo some extent, this complaint is well
founded and ought to be relieved. .
As to the second— the idea that mechaDical business in general
is degraded in public eslimatim merely becaase it is carried on in
=ci>yGot*gle
H
the State PriMm, u, in the ibvtivct, nnfoniided ud illnaory; bol
it ii morally ceruin, that meebanici of aoy given trade irlikli n
taught ID the priaons, are more expoied to the asaociation of dis-
charged convicts than they would be if that particular bustoen
wai not learaed by pritonen; and it ii equally clear, that aa a bt^
dy of men, the association of such convicts is both dangerous and
degrading to persons of good character.
If it were easy to provide a perfect remedy for the evils here sta-
ted, it would hardly be necessary to examine into the exlatt of ibeir
influence and efiects, The chief difficnilies in the way of obviating
them wholly, at a single blow, by the entire abolishment of nw-
' chanicnl labor, while local prisons are maintained, may be stated
in a few words.
Pint. Common humanity requires that the lives, bodily betllh
and mental sanity of confined convicts should be preserved, and
eiporience has demonstrated, that this can only be done by a^ve
employment.
Second. Common justice requires that convicts should contribate
by their labor to their own support.
Third. The ihflueoce of labor upon tho minds of ooovicu is salu-
tary, and tends to the diminution of crime in society, by restrain-
log tho vicious propensities always excited by indolence, and by
employing in useful purposes, powers of body and mind that will
find employment in some form or other, for good or for evil.
In case labor were abandoned in the Slate Prisons, and Ute coo*
victs permitted to associate together, the degree of vice, of hu-
man depravity and dogrmdation, would in a short time arrive to an
extent hardly to be conceived, except by a mind familiar with the
most corrupt and degraded human beings in the unrestrained and
associated exercise uf their depraved propensities. The common
voice of the world has risen up against it, and decided that naan
has no right so to degrade his fellow men; nor would it bo proper
or prudent that a convict confined in such a prison for iuj consi-
dorable period, should be ever again permitted to retam frwn the
polluted den to spread his moral infection among society. Solita-
ry confinement without labor oflfer much better hopes. Again,
let reference be had to the history of penitentiuies. This has at
difoent periods of time been a favorite theory of iodividuais,
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M«u IM.) 1ft
who reasonad rather from iMr own moarces than from the test
of exporieneo; but practical operation liaa uniformly shewn the
fallacy of their hope*. Indeed, we need not go from homo fer an
example upon thii tubjecL
By a statute in 1821, the officers of the Auburn prison were di-
rected to divide the prisoncrt into claiscs, the first of which, con-
sisting of " the oldest and most heinous offenders," were directed
to be shut up in cejl* constantly without labor. . The effect upon
the health of the convicts was destructive; several died, many
were constantly in the hospital, and the keeper endeavored still to
keep il up by occasionally giving the coufiocd wretches exercise
ill the open air. The Goveroor interfered, and pardoned a consi-
derable number of thetn, and it was finally given up and abandon
ed as impracticable.
To introduce transportation on the English Botany Bay plan,
would bo to take up that which the belter opinion in that country
has long since condemned; a system very expensive, and failing
to answer the proper end and object of punishment. It is only a
partial one, being applied to certain classes of cooviels, while a
far greater portion are confined at home in local penitentiorics,
and is applicable to the worst class of convicts, whose punish-
ment is for life or for very long periods. To carry it into execu-
tion, would require a naval and military armament and a foreign
territory, and such a change of the relative powers uf the general
and State governments as can only be effected by some important
changes in their respective constitutions. Much has been written
respecting the benefits and disadvatages of penal colonics, and the
subject involves interests and consequences quite too extensive to
be discussed at length in this report. For a valuable dissertation
on that subject, and indeed for a mass of useful and interesting in-
formation in reference to the various penitentiaries of the United
States, including our own, the Commissioneis would refer to to a
volume recently published in France, by Messrs. De Beaumont
nnd De Toqueville, commissioners of the French government to
examine the penitentiary system of the United Stales, and trans-
lated, with extensive and valuable notes, by Francis Liebcr of Phi-
ladelphia, n distinguished scholar and philantropist
To banish convicts from the State, without previding for ibam
a place of refuge and a guards would be turning them toeae t»
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16 [AsnaBLT
oonjmit deprailationi spon our iteighbore. Th» injuttiee we ^loaM
offer to otheri bjr Buch « syttem, wonM be in tarn visited apon
onr own heads bjr other Statei; or if they, governed*by a higher
BODge of duty, ihould refrain from retaliating, atill convicta and
rogaea would voluntarily flock to an asylum where the punish-
ment, in case of detection, was so light, and would make our State
the peculiar field of their depredations.
It has been suggested, that convicts might be employed on pub-
lic works -prosecuted by the State. This is also impracticable to
any useful extent If employed on public buildings, or on cutting
atone for locks for canals, or in any other branch of mechanical
labor, the evil is in no respect removed. The State works are as
useful in employing citizen mechanics as private enterprizc. The
whole amount of mechanical labor for the citizen mechanic to per-
form, would not be increased by such a change; nor is it other-
wise practicable, as there are no State works of permanent con-
tinuance to be done.
TJte Erie canal employs but few men, and thoae are scattered
through its whole extent, in small parties of three or four io a
place; and the expense of guarding and confining convicts would
be more than their services were worth. The employment upon
all public works authorized by the Legislature, must be tempora-
ry in its character; and any disposiiioo of convicts in that way, if
practicable in a single instance, would be but temporizing with the
subject, and leaving to others to do what had better be done at
once, the regulation of a permanent system.
But the Commissioners believe that a remedy adequate to every
practical and perceptible extent .of the evil, may be adopted, with-
out changing the essential principles of our present penitentiary
system. The errors in the practice of the present prisons, have
crept in by means of long continued cSbrts by the Legislature,
and by the officers of the prisons, to render the labor of convicts
productive, and to relieve thc'State from the burthen of a heavy
annual appropriation to defray the expenses of the prisons, with-
out considering the effect upon the mechanical industry of (he
country.
In recurring to former legislation upon the subject, and to ths
BoiiMrons and able documeots whieli from time to tim* have be«
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No. tM.] vr
presentsd to tb» LegUature by the' difiereBt offioqn <^ ^mtt-
ment aod by le^stative conunitleei; and not ua&equent4y by Com-
mtsaioners appoiatcd under lagtslative authority, it does not«)>pear
fhat apprebcDiions liave at any time beenentertaioed, that mecha-
Bical labor in (be priionB mii^bt be carried on to such exteat aod
io such degree of fferfectioa as ii^uriouBly to affect the inlereBta of
citizen meclianicB.
The chief burthen of aU that has been heretofore written, read
and acted upon the subject, has been to naake prisons productive;
to relieve the people from taxation for their maintenance. This
grand desideratum has been at last attained, and it is indeed a
matter of congratulation, and well worth the effort it bas cost, and
the consideration it has received. It ought not now to be lightly
abandoned. Under these circumstances, it is the dictate of pru-
dence to see if the new difficulty cannot be obviated without sa-
criflcing this truly important point, at which we have with so much
pains arrived.
The cause of the present embarrassment is easily discovered.
The officers of the prisons have been entrusted with the disposal
of a large operative power, for the purpose of turning it into pro-
fit The most convenient way of doing it is to hire out their mea
at so much a piece by the day; and that mode giving the least
trouble for the agent, also found favor .with the public for its en^
tire simplicity, and its requiring the employment of no active ca-
pital and creating no risk of loss. Consequently every opportu-
tunity has been en;ibraced to hire out in this way, as many of the
disposable hands as possible; and it has been considered better to
receive a certain fixed sum, even though it were small, than to
risk the purchase of stock to make up on account of the State.
Difficulty was found in getting employment for the whole num-
ber of convicts. To induce contractors to employ them, it was
necessary to hire them for long periods of time, so that they might
become profitable workmen. Contractors were also desirious of
rendering their business permanent, as far as practicable. No li-
mit was imposed by law, either as to the number of convicts to be
let to one person, or to be employed in one branch of business, or
as to the length of lime for whidi they might be let out. By the
statute, 3 Revised Statutes', 768, $ 28, thtf agents, are directed,
whenever deemed expedient by the Inspectors, "to contract the
[Assem. No. 185.] 8
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Umt of oonvicti Ci> lech periMi, and en mdt ttnu, m tbcjr AaD
dten mott beneficwl to Uw SMei" And afMu, b^ MctiMft 44, il
b raid* the duty of fbe Bgvnto ** to oe their beat endeavors to
dsAvy tiM eipenaet of the priioiif by the labor oS ihe -eosTicta.''
Had Am fenner LegMature asticipalsd tho maltt whtcb their ge-
Mral power* and direciioM have produced, it woqU donbtleaa
have guarded these uaKntited eaactmenta by proper reMricticHM;.
Same HmiU to the nwmber to be employed im oay mm irtauk of bmsi'
■eu, tkouU have Seeti mode. The brandtee carried on •boakl have
been thorn mik wkitk the countryi* chi^f euppBed by taqMrtatava,
ami pubGcity of the lime and placetf ktting coatrorts, ritmtid ktne
teem given, to as to allow foil aod free eompetitioB, and t» produce
such price! that the contractors could not aflbtd to uoderaeU tbs
market. Had regulationt like thaae been early adoptod, Ibe prt-
aent complunta would not have been heard*
Ai to the extent of the cMopetitioQ ot the labor of eoovicti »
prisoh with that of eitisea mecbaoict, there have doubilesa bcea
erroneous impressions among that clasa of penou^ During the
lost nimmer the agent of the Auburn prison, under the advice of
the Commissioners, issued a large number of circulars, (neariy
9,000,) addressed chiefly to persons in bis prison district, from
whom he would be likely to obtain correct infbrmatioo. The
whole number of answers received, was 310. . The whole nomber
of discharged convicts heard from, was 288, of whom 150 were
said to be decidedly reformed, and 47 were pursoing trades which
they learned in prisop. Of all the letters, 167 slated the sale of
articles maoufactured in prison at the places where they were
writton, and 152 stated thero were no sales in their vicinity. The
whole number of the different kinds of State manuftclnres, dicD'
lioned as sold in their respective neighborhoods, is 32 — 14 of these
have never been manufactured in tho prisons, and two otbera have
not been made for some years: And from these circumstances it
is equally probable, that the writera were mistaken in reference to
the place of the mooufactura of many, if not most, of tbe other
arliciea enumerated. In an answer to the last inquiry of tbe cir-
cular, whether mechanical business of tbe prison iDJorioualy af
fected the interests of the mechanics in the place, 18 answered in
the affirmative, 382 answered in the negative, and 10 had return-
ed no answer to that question. The agent of the Auburn prisoo
has appended to his repwt, actracU from all these answers.
itizecy Google
No. in.) 'i»
Taking the prisM) at ADbarn for dw iBiwtntion* w« liare pt«p«t«d
frcHu tk« •tmtenwnts ia papers maAe4 A aod E, tin fotiowiag table,
«howing the number of conricts engaged to the ieveral bniaobet
•f Wiineia, the number of men in that pritoa who «ere befort
«ouTictjin meohanica in the flerenl hran^ea, aod ibe difennca
ID each trade, showing the actual increaie of omd ia each braaeh
by mean* of the ^isoa.
Ho.i^4<VMl Hi rf— iiTialii
OmifabiM. [uprMa. bafimeonTietliHk hmiMi
Weavere,... M .... 10 .... 44
Taiion, 43 • .... M ....
Plane maken, 98 .... I .... jj ....
Blaokimith*, U ,.,, m .... .... ift
Copper-smiths, 6 .,., .... « .,;,
Lock-smiths, 19 .... 1 .... |4 ....
Uachiaists, IT .... S 16 ....
Brass foandera, 1 .... 3 .... .... |
Combmakert, 41 .... 3 .... S9 ....
Bedstead maken, 3 .... .... 3 ....
Cabinet makers, 10 .... IB .... 1 ....
Folishen, S .... .... s ....
Chair makers, 0 .... I .... 5 . . .-,
Matters, 18 .... .... 18 ....
Turners, 4 .... 1 .... 8 ....
Painters, 8 .... S .... 8 ....
Haroe makers, 6 .... 1 .... '5 ....
Platers, 8 .... 1 .... » ....
Saddle tree soakers, SO .... .... 30* ....
Shoemakers, 48 .... 48 .... S ....
Coopers,... 55 .... 13 .... 43
Clockn^ers, 33 .... 1 .... 31
Cutting stone and masons, 14 .... 10 .... .... %
Mill stone makers, 4 ••.. .... 4 ....
Glazier, 1 .... .... I ....
Carpenters and joiners, .. $ .... 94 .... .... 39
There are rarioDs other convicts having had trades before coo-
victioo, whose business is not carried on in prison, and they are
not included in the foregoing table, but who should be taken into
account in stating the genaral result to reference to the whole be*
dy of t
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By thii stttomaat, we perceive at onoe the extent of the gvouDd
of ootBplaint in reference t» each braoch. For instance, the lu-
}on. The whole nnmbef of perwn» employe<t in that business
ia inereaseil by 33, so that the market for ibeir bunness oiurt
be increased by tlut atnouBt, or the quantity of vork must be di-
miotsbed to that extsnt in mechaiucs' shops.
On the other hand, the buiiness of btacksinitbing is actually be-
nefitted by having 15 of that trade transferred to other business,
at least whib in prison, and probably une'half of them penoaoeoi'
ty. So of carpenters and joiners. 29 persons are by loeaos of
this prison diverted to other branches, while in neaily every other
branch carried on, the number of operatives is increased by it;
and this is in some degree injurious to the persons engaged in
those particular branches of business, or to some of them.
It is however a generally received opinion, that a country a
prosperous in proportion to the extent of its products, inclodiag
as well manufactures as sgricullural; and that in proportion as the
products are increased, ihe market and demand are extended with
it This opinion doubtless, as a generat one, is soond, but it does
not apply to all cases. There is such a thing aa overstocking the
market; but until the production is adequate to supply the demand,
the latter is rather improved than lessened by an increased quan-
tity; such at least is the opinion of practical men. It is very
commonly said in respect to the iolroduction of msnufactures in
the country, that after they become numerous and well establtab-
ed, they are better enabled to sustain themselves than in Aeit in-
fancy. When the home consumption is supplied chiefly by do-
mestic manufacture, prices are less liable to fluctuate in c<Mise-
quence of foreign imporution.
In the selection of the branches of business to be carried ou in
the State Prisons, the officers in charge acted as might have been
expected of them, under the legal instructions by which they were
governed, and which have been before mentioned. They intro-
duced those well established brsnchcs of business which the com-
mon wants of the country had fully developed, and which com-
mon experience had shewn were practical and profitable. Had
they confined the operations in the prisons in each branch of busi-
ness to the extent thai it could be carried on by the convicts al-
ready skilled in the particular branch, there could have been bo
.coy Google
No. ISft.] 31
just gropDd of complaiDtr Take for example shoemalien, of whom
there are forty-three among the convicts confioed at Aubtim, who
were mechaoicB before their coDviction. Instead of employing 48
only at that branch, ther6 are 4S engaged in ftiat buiineBs. But
if they had employed but the fmginal shoemakers at that basinesSf
and had not taught the trade to other convicts, it would have
been right in every sense. They would have merely com-
pelled the idle and wicked to follow with assiduity their re-
gular calling; the number of mechanics in that branch would
not have been increased, nor would discharged convicts be turn-
ed out to enter shops where they were not free to enter be-
fore conviction. Had this course been adopted in respect to all
other branches of mechanical labor which are. carried on in this
country to or nearly to the amount of the consumption, and no
other employed there in any given trade than those who had pre-
viously learned it out of prison, no just ground of complaint
would have existed, nor is there reason to suppose any would have
been made. This tlien shews us at once the proper rule to be
adopted.
The question that next occurs is, what to do with the residue
of the convicts, such as laborers, farmers and those of trades
which cannot be well carried on in the prisons. The only re-
source left, is to introduce new kinds of business from foreign
countries, and teach convicts trades in those branches only. This
may be rather troublesome at first, but it is entirely practicable,
and when once fairly established, would probably be quite as pro-
fitable to the State as the business now pursued. Indeed there are
other considerations of no small nuignitude induciug to such a
measure. It has always been considered highly desirable for ev-
ery State to have within itself the power of supplying its own
wants; and if tK6 State Prisons and the labor of convicts could
be made the means of producing cr even of promoting an end so de-
simble, it would be a matter of much felicitation. The introduc-
tion and prosecntion of new branches of business in the State Pri-
sons, would ultimately produce the manufacture of similar articles
throughout the couutry. Notwithstanding its origin frcmi the pri-
son, any branch of business found profilahle, would iind plenty of
compeUtors lor its gains.
All new business in the prisons is attended with a loss for a short
period, until the convicts become expert and disciplined to it.
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^lere are « gmt vtrietjr of artieW now eztemively mad n lU»
coantry, and with which it n ■upjilied rhiefly or wholly by impor
tation from foroigD countriM, and the chief vaJoe of which cob-
mt* in the labor beitowed in the maaafacture. Amon; them m^
be named, filea, needlet, pint, ihean, aciaaon, niafien, fine kniTci,
mora, and all fine catlery; wrought naili, bntta, icrewa, ootlon,
linea, ailk, woollen and wonted hoae; cotton, linen, worated, tilk
and roUwr webbing; carriage laoe, carpeting, ruga; and finally,
and etpecially, the nannfaotura of aitk goodi from the cocoou.
The Comminionan aee no good reaaon why aone of the abort
enumorated articles may not, with propriety and profit, be intro-
doced in the pnaoDa. Other articles, doabtleat, nwy with eqaiJ
propriety be added to the catalogue. It would require tioie tad
attention, and probably the employment of artizani from Eorope,
in aome branchea. It might require the acnding of an agent to
Europe to aaoertain reipecting the manofactare of the aereral ar-
tichn, and which of them it would be practicable, in ear priwiis
to make of ioeh quality and with such fadlitiea aa wooid enahb
them to compete with the imported articlet. The expenae of aa
agent to Europe, to be gone four or fire months, to obtain the re-
quiaite information, and to employ competent instructors in the se-
veral branchea would be but trifling in compariaon with the bene-
fits anticipated; and the artisans employed would earn, by their
services, their compensation. When the business should be once
fairly established, by the proper instruction of a few coaricu, it
would require no further expense for that purpose; but the busi-
ness would be continued as is done in the branches now prosecuted.
The labor of oonvieta could be let out by the piece, after ^
manufacture was once established, aa ii itow done in many articles;
and which is, perhaps, unless under peculiar eiresmataoces, the
preferable mode of disposing of their labor, as it dispenses witk
the necessity of having ^e presence of ctntraotors or their agenU
much in the prison. Where convict labor is let by the day, the
contractors' agents, having no motives to preserve the g«od go-
Terannent of the prison, and intereated only in getting out of ths
oonriets the greatest possible amount (rf* labor, are stronj^y tempt-
ed to hold out private inducements to convicta, and perhaps to
cause the keepers to inflict stripes sometimeB improperly. Bestdet
this, the statements of the earnings of convicts in both prison,
show a very decided advantage in favor of those who are employ-
ed by the piece, orer thoaa who are hired out by the day.
DigmzecDy Google
No. »6.) M
Should the suggvitioii tloove mada, ia nfsreiKe to the fhtora in*
bvdnetioB of oew branches of biuhien into the priaooa, be adopted,
no just cause of complaint can be made by persona afterwards em-
barking in the some business. They witl have gooe into it under
an existing state of things, which they wilt have do right to ask
the poUic to change &r their qwcial benefit.
By this means, also, the second class of erils complained of, as
well as the first, will be removed. Discharged prison convicts
will not seek employment, in the trades they learned in prison, in
the shops of citizen mechanics^ and by that means expose thei(
apprentices and journeymen to corruption, for the reason, that few
or no shops will be carrying on any business tatight, except such as
shall have been established afterwords. While this result would
be <^tuaed, the other and highly important matter in which all
citizens are interested, the moral reformation of the convict, will
be equally promoted.
Convicts having no regular calling, will be tau^t one by whicJi
they may, when discharged, gain an honest livelihood, by esta-
blishing the business on a small scale, in some neighborhood, where
the prejudices of the community are not so strong against prison
convicts, but that they will purchase their wares and assist them
in effecting their endeavors to earn an honest maintenaoce, for
themselves, and perhaps an innocent family. To this end, in all
new branches introduced and uught, the convicts should be per-
fected in their knowledge of all its parts, so as to enablo Ihem to
•et op for themselves when discharged; and the Commissioners
take this occasion to mention a defect in the present practice in
this respect, which, while it does not lessen the amount of injury
to the citizen mechanic, either in reference to competition or to
association, does not afford the full advantage, to the convict, of
a perfect trade or means of subsistence, which he may set up and
carry on for himself after his discharge.
The introduction of these new branches of business, so as to
carry them on to any profitid>Ie extent, would require a eooside-
rable period of time. By reference to the statements herewith
relumed, of the exuting contracts at the two prisons, marked B,
and D, it will be perceived, that they have, most of them, yet
several yeara to run, and that all are now in the course of actual
exeoution. The several contraetors have provided their materials,
em{^oyed tiieir agents, rented their ware-hotMesi and aatabliabed
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14 [AanaauT
dieir market for their wares. The^ have seated rights, which
cannot be laken away by Legislative enaclinent; and no doobt is
entertained, but that tlie agents, in nuking their sev jral contracts,
have acted within the scope of their legal powers. It has been
reported, that since this snbjact was under agitation, the agents of
the prisons had renewed or extended the contracts, with a view to
prevent a change. It is due to the agents to sUte, that this report
is wholly untrue. No new contracts have been made or extended,
at either prison, since the passage of the act of last winter, direct-
■ ing this invealigation, except one for making cane seats at Sing-
Sing, and except, also, contracts for marble for builcUngs, of short
continuance, and all of which are stated in the papers marked B,
and D. Most of the contracts on which the convicts are at pre-
sent eniployed, will expire in the years 1838 and 1839. Before
that time, the sercral branches of business above mentioned, or
some of them, may be introduced, and may be then in such a state
of operation, as to admit their immediate extension to the employ-
ment of convicts who will then be disposable. These important
and extensive changes could hardly be well effected, to that extait,
sooner, even if the vested rights of individuals did not interfere.
The manufacture of silk, which is included in the articles above
•numerated, as likely to prove profitable and useful, deserves a
more explicit notice. The Commissioners learned, from his Ex-
cellency the Governor, that the late Chief Justice Spencer had'
some views upon the subject, which he was disposed to submit for
their consideration. They accordingly called upon Judge Spen-
cer, and obtained his permission to append to their report his views,
which he read to them, and which are herewith submitted, mark-
ed S. By some quite recent publications in the newspapers, it
appears that a m^achine has been invented, and is now exhibiting
at the Capitol in Washington, by which the difficult art of nicely
reeling the silk from the cocoons, with that of preparing it for tiie
loom, is attained with comparatively little labor. The Commis-
sioners, upon considerable reflection, are satisfied, that this busi-
nesa may be introduced into both the State Prisooa in this Sute
with great advantage. The business of raising mulberry trees,
and picking the leaves for the purpose of feeding the worms, ii
rather agricultural in character, and would-be difficult of prosecu-
tion among convicts, who must necessarily labor in large namben
on a small space of ground; but the business of preparing the silk
from the coooons, and weaving it, presents do such difficulties,
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f(e. 136.]' 96
and by atmrtiag those branches of the bnsinen in each of the pA-
BODS, and iocreuing it as fnst aa the supply of cocoons raised in
the country for sale wonld warrant; and, at the same tinie, by
taking measures to promote the production of cocoons in the conn*
try, by the offer of a fair price and s certain market for them, and
by the immediate planting of that part of the State farm at Sing-
Sing, which it not wanted for marble qaarries, with the white
mulberry, with a view to the raising of seeda and plants for dislri-
butioo, it is confidsnily believed, the most beneficial results may
be obtained. It is satisfactorily established, by experiment, that
both the soil and climate of every part oi this country are emi-
nently adapted to the culture of silk, and that toe of a very aupe*
rior quality.
The preseothnportsofsilk goods into this country are enormous,
and not less than from five to ten millions of dollars annually. If
the introduction of so important an article, aa a staple production,
can be produced, or indeed in any degree promoted, by means of
the labor of convicts, it would be something towards remunerat-
ing the country for their depredations. All efforts to produce such
a result, with any reasonable hope of saccess, are, at least, high-
ly worthy the attention of an enlightened Legislature.
The suggestion of Mr. Spencer, in his remarks upon the sulgect,
that cocoons might be advantageously produced at the several
county poor-house establishments, is also worthy of attention.
The immediate planting of the white mulberry, to a considerable
extent, upon "the farms attached, to the several county poor-bouses,
would not only be the means of supplying the priscms with co-
coons, but would afford a profitable business for the several coun-
ties, and be peculiarly adapted to die feeble powers of most
of the inmates of those establishments. The attention to be paid
to this branch of the subject, which for its full development will
take a period of several years, should not, in the mean time, pre-
vent the adoption of the other proposed measures for the interme-
diate, and if it should prove necessary, permanent, employment
of the convicts.
The conclusions the Commisiionen have already stated, pre-
clude the necessity of a detailed examination to ascertain, (if in-
deed that were practicable,) to what extent the opinions of me-
chanics, contained in the testimony, are well founded. They are,
[Assem. No. 185.] 4
DigmzecDy Google
w the/ indeed prereM to be, interested witoeeeie, for irtiicb MMiie
allowcnce miut be made. Some geaerel eitimatee frooa tbe docn-
aenUry evidence before lu^ with particolai reference to the sKinl
injuries to which the mechanical fraternity, u a body, ace expos-
ed, by reason of tbe present system, may, however, be proper
and nsefuL
The table annexed to rhe report, marked A, shows the present
employment of all the convicts in the prison at Auburn. Tba-t
marked B, is a statement of alt the subsisting contracts for coo-
tict labor at that prison. The paper marked C, is a sUtement,
showing the present employnwnt of all tbe conricts at the prison
at Sing-Sing. Tbe paper marked D, exhibits a statement of all
existing contracts for convict labor at the same prison. Tbe pa-
per marked E, exhibits a variety of statistical information, respect-
ing the convicts now in the prison at Auburn, including their for-
mer occupation, character and crimes, && The paper marked F,
is a copy of a circular issued by the agent at Anbum, for infor-
mation respecting discharged convicts, with a tabular atatenieDt,
compiled from the answers. Tbe paper marked G, is a statemeot
similar to tbe last, in respect to the convicts at the Mount-Pleasant
prison.
From the slatemeot C, it appears that the whole number of
convicts at work at mechanical business at Sing-Sing, is 477; of
whom 316 had worked at some trade before convictioa; eoome-
quently, the actual increase of that class of persons, by meaos of
that prison, is now 161. From information shown in paper F, it
spears, that out of lOS discharged convicts, who remained in
the State, and who learned trades in the State Prison at Auburn,
only 47 continued to work at ihem after their discharge. It is to
bo presumed, that a eonsiderable share of tbe 161 above stated, at
8ing-Sing, after being discharged, wHl leave the State. Ooe-
third of them is probably a fair estimate. If, of those that remain
in the State, the same proportion continue to work at tbe trades
they learned in prison, as is shown by tbe above statement from
the Auburn prison, the number would be less than 49— suppose &0;
which is probably the extent of the number that would remain ia
the State and pursue their prison taught trades. There is a less
number of convicts employed in mechanical buainess al Anborn
than at Singling, but if we assume the same result as above, it
will be sufficiently accurate for this purpose. One hundred, tbea,
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No. 1S5.] <r
m»j be iflfamod u the protmUe nnmber in both priMns at tMs
lime, of persons leBrnio^ trades, who were not mechanics before,
and who will remain in this Ststeafter their discharge, and prac-
tice their trades.
The whole nnmber of mechanics in the city of New-Ym>k, ii
evtimated, by the Trades Union in that city, at sometiiing over
21,000, and the whole number in the State at 13^,000. The pro-
portion of the above class of persons to the whole namber of me*
chaoics in the State, is as 1 to 1,S50. By calculation of the sen-
tences of the convicts at Auburn, taking those who are sentenced
for life to be equal to the longest term of years for which any one
is sentenced, which is 21 years, Oie average length of all the sen-
tences is found to be a fraction over ik years. The 100 convicts
above mentioned, will consequently take that length of time for
their discharge, or about 18 each year. If we suppose that the
whole number of 12S,000 mechanics will be changed, that is,
their places occupied by their successors, in ao average period of
35 years, it will show an annual change of S,009 in each year; or
that number required, by means of apprentices and otherwise, to
supply the place of those who die or depart from the State. The
proportion of increase, by means of the prisons, to the whole an-
nual increase, will stand as 16 to 5^000. If the present prtsmi
■ystem should continue for 35 years, the proportion of those fol-
lowing trades taught in prison, to the whole number of mechanics
io the State, would be as 18 to 5,000. By some it may be sup-
posed, that in making this estimate, we should not be confined to
■och convicts as remain in the State and follow their trades. The
whole number who are taught trades io prison, and who were not
mechanics before ronvictioa, in both prisons, issofnething less than
SOO; and resaming the oalculatioa on this basts, as above, at bi
years average term of sentence, will give U a year average o£
4lischarged. The annual number discharged would be, to tba .
whole number of mechanics in Uie State, as 56 to 195,000; and
the proportion to the annnal increase of nsechanica, as 55 to 6,000;
which, in 96 years, would be the proportion to the whole. The**
proportions are so small, that the injurioos iofloeoce upcm mechif
oics, as a whole, niMt be lotperceptiUe io practice, and oidy t»
be osGertaiaed by examinatioo-
It has been before sUted, that, of the 477 eonncts now at woA
at mechanical trades atSing-Sing, 810 had before worked at tradet;
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- 9* [AaaBHBLT
bot of the wlwle nnmber of ccmTicte in the priion, 404 were me-
cbaDio before conviction, which deducted fr<Hn the number now
ftt wort, 477, vill leave m diAerence of only 78.
la reflection up<»i the extent of the evils now eziiliDg, we
■bould cooHder thet all thoR who really punue their tradei for a
Uvelihood after their discharge, and conduct with propriety, mp-
porting thenuelves by honest industry, are to be excluded from the
list of dangerous associates. We should also consider, that in oar
present penitentiary system, convicts do not learn their vicet
there, and that as before their conviction, mechanics as well aa all
other persons, were exposed to their dangerous associations; so
after their discharge, other persona as well as mechanics are, to a
certain d^ree, if not equally, again exposed to their cormptiDg
influence.
It should also be borne in mind, that in any system of prisni
discipline by which common intercourse among convicts is permit-
ted, and may we not say in any in which solitude is not oniied
with labor, the convicts corrupt each. other, and go out into the
world with greatly increased skill in crime, by which means their
art in corrupting others, and the dangerous influence of the wbole
body of convicts would be greatly increased. It should further
be remembered, that individual interests ought always to yteld,
when necessary, for the public good; and that whenever for the
purpose of good government, it becomes necessary to cbooae be-
tween those who are equal favorites, the interests of the less nam*
ber should always submit to those of tlie majority.
Some remarks are due to the peculiar situation of one or two
branches of business carried on in the prisons. The Coraniission-
ers are of opinion, that independent of the question as a branch <^
mechanical labor, the business of lock making, now carried on in
both prisons, is an improper wie to be taught to convicts, and dan-
gerous to tlie public safely. It is stated in the testimony, that a
skilful lock maker may, from merely observing the extemd form
of the key-holes, prepare skeleton keys by which he will readily
tnlook all ordinary locks; and his knowledge of the inlemsl
guards and form of work is such, that ualess.a lock is of peculiar
construction, he finds no difficulty in preparing keys for many
locks even of the more expensive kind. A great share of the re-
cent burglaries have been committed by means of false keys. Mot
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No. ISh) M
Im^ lioee mn iagenioiM eooviet tt Aabora ooatriTsd to deponto
two patterat of bonk locki which had been made in prison, in a
•ecure cover, safely imbeded in the body of a water log aied out-
ndo of the priwn walli to coarey water into the prisoo, and which
bad be^i brou^t into the place where the ronvict waa at work,
to be repaired. The log when finished, was restortd to its plaoe
oatside the waH, and had it not been for the treachery of a fellow
convict, the ingenious felon would probably have secured his prize
in triomph after his discharge. la the opinion of the Commisaion-
ers, an effort should be made to induce the fMntraetors to give op
their contracts, or at least to have no new convicts learn the art
It is a dangeirons trade for that class of citiaeDS to be famiUar
with.
The bnsiness of marUe catting at the prison at Sing-Sing, is
not let out by tbe day or otherwise to contractors, bat the agent
executes orders for the marble work of buildings, at such prices
as may be agreed upon in each particular case. It was at first
found very difficult b/ tbe agent to get that marble into use. It
was rejected by builders on account of being supposed to be of a
quality not satisfactory to public taste. The agent, with tbe view
of introducing it, made some contracts at first at extremely low pri*
ces. These had the desired effect. It was perceived that the
■tone were valuable for building purposes, and prices for work
have gradually been increased; and the Sute ia now realizing the
benefit anticipated by the location of the prison in tbe vicinity of
those large beds of marble. Some of the noblest structures of
archilectora in the State, have been executed from this marble,
and it is certainly desirable for the encoDragoment <^ Uie eiiken
builders and arehitecU of this country, that they should enjoy tbe
advantage of a full opportunity to participate in the execotion and
design of onr costly marble edifices. The quarries an so extensve
that they must be inexhaustible for ages to conw.
If tbe ctmvicls were confined to the operation of gsttiag tbe
marble out in blocks, and delivering it upon the wharf, it ia be-
lieTOi that its use, instead of being diminished, would be greatly
promoted. Builders would then become purchasers, awl the great-
er quantity sold would make up for the diftrenoe of prioe betwcea
the wrought and unwrought marble.
From the views above taken, we consider that this ia but cwiy-
ing out tbe plan we have suggested, and that it is doe to that par-
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thrahr Iwuioh M necbuRc*. There h hwMy a dodbt but ditl if
ibe prfton kept •fmyi • large anpply of quarried marble on butd,
roogh divned in blecki, ' for lale at rea«wab)e [wicea, it would,
from itf cheapMM anil from iu e«iy water tnunqwrtation, moet
with ready lalea, aDd iti oee for churches aad pnbHc baUingi,
wberef er it eoald be floated, would mob become general.
All which ii respectfully auboutted.
EUSHA LITCHFIELD,
BLY MOORE,
ARPHAXAD IjOOMIS.
JoKMry H, 188».
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DOCUMENtS
AcdHnpanTuig the report of the Commiasioners ap-
pointed under the act of May 2, 1884* concerning
State Prisons.
TABLE A,
Sha^g the M^Jbymnrf of aU the ComvkU i» tJu SUOe Primm at
^Mbur»i DBMmierSl, 1884, and prieta of labor.
Cotton Weave Shop.
Priees per mao p«r day. On contract
35 c - Weaving Uckingt, Ac, . . . M
16 c Spouting, 7
16 c< Making harneH for looma, 1
50 c. Carpenter, I
9ft c. Packing cloth, 1
85 c. Warping and siziDg, 1
S5c. Waiter, 1
— 40
For the State.
Weaving atockipgs, 9
do shirting, S
do atripe, 1
Spooling, a
Invalid, 1
— S
— M
TaitorB ^op.
Price per each piece. Oa contract
Great coatB, IS a. Tailon, 40
Boxcoata, . 18 i. Waiter, 1
Coats, 14s. — 41
For the State.
Pantaloons,. 4 a. Tailors, %
Vasts, 4s. Barbers, a
Invalid, 1
— 6
— 47
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Tool Shop.
Price per man per day. On contract.
SO c. Plane maken, S8
SO o. Dresfing and piling timber, S
80c Oiler, 1
SO e. Fireman, I
asc. Waiter 1
Me. Riviog timber, S
MaehiM Skop.
Prieei per BlaD per dtj. On contracL
SSmea at 40 c. Blackuniths, 4
31 •* atSOe. Copperamitha, «
LocRsmilha, ...... ..•»•* IS
MacfainUta, 17
Brasa founders^ •• • 1
Waiter,...; 1
For tbe State.
Blackamitha &
Tinker, 1
Waiter,....!.... I
7
— 6*
Cemi Shop.
Pricea per man per day. On contract.
48 men at S3 c. Sawing stock, 1
I ** at 3ft c Preuing do 4
Scraping do 9
Making dress comba, .... 3
do trap do .... 3
do side do .... 6
do lai^ do .... B
Poliabing comba^ 6
Staining do 3
Bending do 1
Cutting side do &&,.... 3
Packing, do 3
Rubbing and oiling comba, 1
Waahing do 1
Grinding, 1
Carriog 1
Pointing side comba, 1
Patent buS; 3
Waiter,.... 1
For tbe State.
BCakingkids, cana, ke.
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Gboer/of weave Mktgt.
PrMwyer-^ui pn day:. On oontncL
80 c. Carpet weavHi, , ^... ^
30 c. Coverlat ^od difper wea-
vers, ^.,». ..,.'. ,.„., 8
80c. Satinett weavers, ........ 6
30 c FlaDMl wearen, 4
^80 & Carden,-..^.,,, 2
80 c. Spinners, ,.», .-..«....,^^ 8
1 «t9i«- 8<t IS c. Drawbc^,,. -,......., 8
99 0. Warpers, ..■.-...'.,., ^■„-., 2'
■80 & Carpenter, ..., .,- ,. 3
16 c. Spoolers and i>o)>btn wtad-
Prices p«- in«n pnr dby-
4T mco at S5 c
0 :" as ft
1 ** . 68 a
I " 17»p.
3 pi^^Wf hak,
■t 3 Q. por lb.
On coDtnu^
jBedfltead makers, f)
Calnaet makers, ..«..-..■. . Ifi
Chaircriakers, ........... ,i8
Turners,. ... . ..., ,. .> > . . . «
Painters,. ......... ...,,. 6
Foliftien, ...... 8
Matters, 18
Sawyers, a
Carver,.... 1
Ilatr pickers, 8
^opyt^tmm, ......-.-...'. 3
— 80
Pri<^<f>er man -per drf. On eontraelt.
80 c. Hame makers,.... « •>.**. ft
SttMclatSOc Blacksmiths,. .«%....«..^. 8
80«. Fflers, ....^.. 4
80c. Phien,...<. 8
M 0. Saddle tree makeia, >«^>..^ ,'Sf> .
,80<v Eivutg timber,. ...h ....;. S'
fHic, Waitecs *„« ft
Shoe ihap.
Prices per each [uece. Oo contract
Fine boots,.... 10 1. Fine bboU and shoes, »..■ > 1
" shoes,.... Sf. Coaase " " .».. T
[AswA. No. 186.] 8
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M [Amum
Co«n0tM6tt^.> ti. Woown and miiMi iboef
and caeki....... ....*. . 99
Stofaftie do Si. Bindio^, S
Coarae iboM, . . St. Cramping boots, ..„. „,. ]
' WeaMo'i fbooB^ I a. Draaaing- work aad miter, 1
— 41
For tbe State.
' Laeabaota, ... 6 a. ShomAtn, •
Hiaaas ibo«^ Sa. M. ^rtwr...... 1
CMka, la.td. hvalida, t
— 19
.... _ „
Vrioat par waam par iaj. On fioatrad
Making whuk«yfaanr^ .. n
'* provitioD *• .. *"
" " taba,....
MDMBtine. •^ beerbarrA,
a " Me. " " kdi.
« •* Is. » floor barrels,
1 " Me. »' I « »
'* eharns,
*• pait*.
" and repairing' toc^
Tending kilo and
BBwiM staves,
Bepainpg coatneUmf w»-
g<wa.
Blacksmiths,
For the State.
CeopariBg,
— t
Frioaa p«rma par ixf. On cMttraet
aSc. Brass doek marker, Iff
tte. Case makers, 8
89 e. Painters, •■• . 9
tte. Waiter, I
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So. ia».|
Prieytper mm
p«d«y.
■Ceeki,
Tsble waiten^....
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HMnmock mender, . ......
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For the State.
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RECAWTULATION.
tOa^h^ VnwMBM. H>lii'»Mfc TMd.
Cbnbnw*wr««bop,.. ...'>>.»• M ..».. 8. M
Tulon* ibi^i^ »..».. 4( ..»„ ft ..».. 4T
Tool shop, .»-. «-.-* »» — ..— »
Maduiwttw^......»....».v 4ft 7 U
ConAibe^ 44 k At
VoT«rlet wflST* ibopr 36 ...... SS
Cabinet thop 6D ...». 50
Himoitiopy 40 4C
Sho«ihop. 4t I» »..» »
Coopen' Mhop/ ffl ...... S M
Clock alMp. SS^ .'.. — IS
Kitoko, » SI
^oi{ttt^ S' ft
Nortb wing, Ift 10
South wkiB, » ....» »
north jrard, 4 H S&
Females, 9$ 33
Keeper^! (MDidr 9 a
STATEMENT B,
a of contracttn, tme lekat cwrtrpcte
CcpoT^ Vsfltper lof men nKpfeyra^ 4^'
Ciopertiy.
Abel Wetfiey, of Aabora, eonlntctor; expirea Deonuber 81,
188S.
Namber of men contracted for, fiO.
Nomber of men now employed, 01.
Prieea per dajr— M men at M oenli, « at JO cMUi, 1 atMeoti,
.coy Google
No. 1»6.] *?
4 at 1 ihilltng. By the terms of this contract, raw hands are u
havft 121 cents per day, for two first months.
There is a verbal contract for the additional number of men.
Tbel I
Truemm J. KcUaster and Zalmon J. McMaster, of Anbum,
contractors; expires August SO, 1889.
Number of men contracted for, 45.
Niwaber-of BMB now omployed, 89.
Prices per day — 88 men at 80 cents, 1 at 35 cents.
Skoemdlcing.
Z. L. Webb and Gleo. C. Williams, of Auburn, contractors; ev
pires May 1, 1885.
Number of men contracted for, 41.
Number of men now employed, 41.
Prices per piece — Fine boots 16 shillings, coarse boots 6 shillings,
fine shoes ft shillings, coaraa shoes 8 shillings; all oUier work in
the tame pn^rtion; with a deduction of II per cent
The men on this oentract arerage abont 28 cents per day.
Cottm weaving.
Robert Muir, Eleaaer Hill, N. Garrow, an^ Geo. B. Throop,
contractors, of Auburn; expires December 1, 1837.
Number of men contracted for, 85.
Number of men now employed, 46.
Prices per Jay— 88 men at 8ft cents, 1 at 60 oents, 7 at 18 eenta.
tbiioring
Slepiheo Van Afldeo^ of Auburn, contractor; expires Janoary
1, 1839.
Number of men contracted for, 3fi.
Number of men now employed^ 41.
Prices by the piece — Frock and body coats and otoaka J4 shil-
lings, groat coats 18 shillings, box coats 16 shillhgs, mifitary
coat! 30 shiltingt, vesta and pantaloons 4 shillings, box vests 8 *
shillings; all other garments in the same proportion.
The men on this contract average about 86 men per month, and
tboir earnings about 80) cents per day.
Bratt cloei making.
Claii B. Hotchkiss and Thadeus Benedict, of Anbani* contrac-
tors; expires May 1, 1889.
Number of men contracted for, 40.
Number of men now employed, 2ft.
Prices per day — M men at S3 oents, 1 at 35 oents.
Mttehateti/, locitt, ^
Albert Walcott, J. B. Hyde, J. L. Watroni and Cymt Deanu,
of Ai^Mini, eoBtraelors; ezpitM Jaotiary 1> 1688.
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m I
Nonlwr of bwb eoatne^ tor, 60.
Kmnber of nwn dow employed, 16.
Prion per ihy — Si nwa at 40 eenti^ SI nea at 90 cent*.
Daniel P. Co^ of Aubam, oontnctor; exptiM Oetelwr 1, ink
Nambar 9t men cootracted for, 40.
Niuaber of nen now eai)do7Ml, 46.
Pikei per day — B men at 50 cents, 40 at M eaota, 1 at Sft eenta
SaJile-tne mtd Jum* mdtaig mndpbaiag.
Peter P. R. Hayden, of Aubom, eootraetor; expiret Aogoit
1, ISM.
Nonber n( nen contracted for, SO.
Number of- men now employed, 46.
Prices per day — K men at SO cents, 40 at SO cents, 1 at St cents.
Carpet, coverlet and diaper weming,
Jostah Barber and John Loodoo, of Asbom, eoatnetoa; ex-
pires October 1, 1688.
Number t^ men contracted for, SS.
Number of men now employed, SO.
Prices per day— SS men at SO cents, S attSoents, lOatlSemls.
Crti'nrt and ehmr makaig.
Jaktt and Jesse Seymour, of Anbam, eeotraeton; «^im No-
vember 1, idss.
Number of men contracted for, 00.
Number of men now employed, 00.
Prices per day— 47 men at SB centa^ 0 at S9 oenta^ 1 at SO eenti^
1 at 171 cents, S picking bair at S cents jter Ok
Mgkiag Burr suff^lMu.
Asaph D. Leoaavd, of Auburn, contractor; no tine medfied.
Number of men contracted and employed, 4 at S thillingt per
4ay.
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t Prison, 12th January, 1835.
^; r haT8 the privilege of renewing them for five
yearn la
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lege of exending it to XO yean, by siting one yw*!. notice prtvi*
ouf tp cspimiMn of fannor t^rm. Cootract dat«l 26Ui Dec«inb«r,
198S, for tha enployineiit of oot axceedimgoqe huodred aod fifty
men; at the foUowiag pricea for each article made; all llw atont
being fumifhed by the contractor.
For making tjoarter boand mm hhdi.,... 70 c. each.
" cum meat hbds 05 **
*' iron bonnd rum hhdf., esi **
** vine b«rreli»..^ ...» 40 "* -
** mm and beer ban^ i.»...>^ Hi **
** promion bureU, ,.^ ,.> U "
** flour do , 131 «
** molasw* bhd, ■hooka, -. 28- "
" do do aeata of S,^.,* l3s.9K9apt
^h»Tuig wid bunchiitg hbd. hoopa,.... SOt^p^buwcb
Making Urd and butter fiiAiiu, lo c aaiah.
" turpentipsoaaka,. ,.....»..., SI4 *•
" . yroviiion half barrel),*, *,..«•• )8 '*
** shoe tiercel, SU "
** 3.basz8liMat«wk«i<*. *•••.■.••,>•*••'..■ esti *'
" li do do M "
'• 1 do do S7J "
« j9aicaeedti^rc«ib,.,...... ..38 "
M pna«it eaployed oo iha above contract, 138 own in aB.
Mr. Jobo Newhoiite «ii^loyed by tbo contractu to Bvparintanl
thawoA
CMitract ndth John Groshon, dated 1st January, iaS3| fin &
Jrean, fqr not exceeding thirty men^ at tpalung locka^ at the fok
owiiw prifi«a:
il iach tpoctice locks, , |8.
41 *' rabited moitic^ locka..... #4.50 aaoh.
e ** rim lockj,. .....^.. • ISab. **
B " rim do « .«....,.,,...* 38«h.. "
7 " ^ do *..,, 14ab. "
• " do SSidk "
Bookeaielocka,.. 15sh. "
Sliding bolta, 14ih.ppair.
Flwb do ..^....^..^ *.^ 34sb, "
8 iQch, front door lo<^ (ug^t kqya,) ...« » •8.M taeb*
a " do do do W •*
10 *' lim, double tumbler%> ..«■>». 91 "
VeD0tia« mortice lock*,. .... ..••,^ ..a.** M "
Sliding door furniture, •40pr. antfc.
At pieaent employed on above contract, 6 men.
^sopwintwdaot employtd bg aoaUMIto&.
Keoben H. Finch k Co. bava nov )Q men waployad al boot a«4
ahoq qakin^ by th« puce; wonwn'a ahofa 3S<c«nta par pwii »»*■
cpwae: aboea aq eantii pw Mv. nwn> «rmm boo** tO oenta,. moi^a
fin« boota 11 tbilling*. Ail the atodc fomiibed by tho contractor.
DigmzecDy Google
ET'
Th«7 te^e It^Ai tfnii naploTed for iboat two fem; no tunettBd
Ml for hi conHnnUK*.
I hare no written eontrftct for the above ; they were pat to wort
for them, a* above stated, at a time when I bad no other employ'
nent for them.
Slaiament rf eanirMts fir tuj^fymg marbU, en lefack tke tttau
' cutUn are now employed.
Contract with HoT:gan Lewia, chairman, and Archibald Maolay,
dated 34th April, IMl, for funtBhing all the marble Decenaiy
for the iMiilding of the Now-YoA Univenity m the city of New-
York, to be fioi^ied early in the apriug of 18S6; at the following
pricei:
For aecond quality, or rough az'd ashler, 40 eenta per foot, ro-
irficlal meuore; meamriag all mch partt as are seen when laid
the builditag. Moulded Mlt coorae, 10 ihillJngs per foot, nto-
ning meaaare. Window tHh and Bnteli, at 10 dollars per pair.
Omamental worii aboat the doon, &c. in proportloo to above
prices.
All the woA for the wbon bmldiqg wUI be completed on or be-
fore the first day of May next
Contract with Jtrim Heath for marble for the basement and trin>-
mingi of a church in New- York; dated 3d June, I8S4,- to be fintlfa-
ed in the apriag of I6SS; at the following prices:
8 large Ionic bases .'. at 975 eadk
S do caps,. at ISO **
8 nnt« bates, ', -. at 50 "
8 do caps, ,; at 70 "
Ashler, 65 cenu per foot, superficial measure. Window sills and
lintels, and door sHIs, 60 cents per foot, superficial measure; flag-
nng for portico, 90 cents per foof, superficial measure.
Plam 8 inch steps, 80 cents per foot, running measure.
8 " water taUe, 80 eta. do - do
10 *' - do 76 cti. - do do
Area steps, 60 eta. do do
8 by 18 loeh eopiag, 76 cts. do - do
Contract with- James H. Dakin, dated -SOdi of July, 1884, for
marble for predtyterian drarch in Troy, as follows: Rough a>*d
window sills and Kntels, asMer for buttresses, and coping for but-
tresses, at SS cents per foot saperfieial measure, 8 inches siepa, 80
eents per foot nuung nieasur«,-to be fiaiibed by the first of ApriL
18S5. ^
Contract with Seth Geer, dated 14fh July, 1M4, for marUe
trimmings for a gothic presbyterian church in New-Yorit. consist-
ing of ashler for towers and basement, curved and straight moahl<
inos, tower oomtces, tracery battlement caps, labels, stepa, water
ttble, Im. The whole for flva tbovsaad doUan: Tbe work eoa-
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trvetod, to ba finiihad u kkbi u the onrUe on be got irem tfa*
quuTiA^^will ba finiihed. on or before the fait of Hmf, 1886.
STATEMENT E,
Skewing the number, sex, color, age, crimen term of tmtrnce, wkert
bom, where amvkted, ^v. of the comvicta remmtaig in State fri'
aoM, at Jubunt, Ihcember ai, ia»^
Renuiniag in priion on Dee. U, 18S4, 049, tu:
IVhite mtlei, t M6
17
Black meles, ..* 67
" feowkf, 10
67
640
Ages ef eoDTictf renubui^ in i»ieoD, at the Ume of their con-
victicHi, viz:
PrmolO to 1ft yean,.... 3 From 46 to 60 *' .... 30
" IfttoSO " .... »7 " 60to66 ** .... 11
*' S0.to36 " .... 167 " 66 1060 *' .... 10
"3510 90 *' .... 100 " 00 to 70 "
** SO to 86 " .... 86 ITnknowD,
" S5t040 " .... 48
" 40to46 " .... 82 049
Crimet for vhich they vere coonnitted, and the noo^r who
have comiDitted the same eiime.
Grand larceny, •• .• 311
Burglary, ,.... 86
Forgery, ; 78
Petit larceny, 3d ofience, 74
Pas^Dg coonierfelt money, 38
Asaault and battery to kill SI
M«ntlao|^ter, .i 14
Poijury, IS
Counterfeiting, IS
Aenult and battery to rape, 11
Robbery, II
Arion, 11
Swindling, • 10
Breakjngjail • " 7
ReceiTiog, • 8
MoMer, • •••* 4
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Anuik u4 battarf to ■
Bigmmy,
Grand Isrceny ■nd breaking jmI,.
Sodofiif , t
Hmil robberjr, 4
Felony,.
P«{«oma^. --i <...'
Burgiary to kill, ».
Forgery and grand larcenv,
Forgery and braainiig Jail, w...< ....
Breaking jail, and paoiafi cauDterfeit raoiwyr*
Beastislily...... .-.....-.-.... ....... ..>...
Inceat ana araon
Grand larcOny aod orabaulament,
Petit larceny, 3d ofiancar aad anoo,
Aiding priaoaer to escape,.'.
iMestand rape, ;...-
Term of tanteaaa, with tha nnmbtr for each tenn.
For 9 years,
a "
%
a
3
1 day, .'..
9 iDoirtlu, .
8 " .
1 day, .
For 7 yean, ,
7 "
7 Dionthi, . .
day,..
10 «
10 "
ra "
»day«,.
i*diy,'V.
3
S ** lOmonthi,.. 1
Wbero bom. and the Dumber boro in each State and ooontry.
Tfew-York, aes New-Hani7>iAiie, \
Cnmneclicut; » Sontfa CaroKna;
Vennnitt, SO Maine,
Matuditneltr, 39 Maryland,
PfciintylTania; 30- Indiana;
New-Jeney, , .... I» Miebigan-;;;
$iode Iriaod 7 Louitlana, i........
Virginia, 4 Kentodty,
mzecDv Google
No. 146.] M
Ohio, 3 France, ; ^ 1
Illinois, 1 Spain, , 1
DistTJRt of Columbia 3 Italy, . . - 1
South America, 1
Ireland, • 41
Corsica, . _ _ _
At sea, s
Canada, 27 Unknown, 108
England, 36
Scotland, , 8 M9
Germany, S
"Where convicted, and the numi
Albany, 17
Allegany, 7
Cayuga, 30
Chautauqae, 13
Chenango, 4
Columbia, 6
Cortland, 8
Clinton, 17
Broome, 1
Putchess 8
Erie 48
Essex, 6
Franklin, 16
Genesee, 11
Greene, 3
Herkimer, 18
Jefferson, 31
Kings, 3
Lewis, 1
Livingston, 9
Madison, 7
Monroe 54
Montgomery, 34
New-York, 24
ib^r convicted in each oounty«
Niagura, 16
Oneida, .■ 44
Onondaga, 45
Ontario,... 38
Orange, 3
Orleans, 5
Oswego, 14
Otsego; 19
Qtieens, '. 1
Rensselaer, 13
Schenectady, 8
Schoharie, , 1
Seneca 7
Saratoga, is
St. Lawrence, 38
Steuben, e
Tioga 11
Tompkins, 19
Ulster, 3
Warren 8
Washington, . . : 3i
Wayn u
640
Occupation of convicts at the time and before cooviction, with
the number at each branch of business or mechanical trade.
Laborers, !i77 Apothecaries, 3
Farmers, 66 Brass founders, 3
Shoemakers, 48 Machinists, .
Carpenters and joiners, ... 34 Penm
Blacksmiths, 26 Teacher,
Cabinetmakers, 15
Masons ... 13
Coopers, 12
Bellows maker.
Spinner,'
Dentist,
Weavers, 10 Turner,
Sailors, 10 Hame ma
Clothiers and dyers, 7 Spooler, .
Painters, 5 Hatter,..
[Assam. No. 186.1 ?
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WaCttn^ *.... 9 Elane maker,....
lUkertt ^ Printer,
Boatmen. ■ • ft Chimney sweep,.
Bartiera, S Clock maker,
Tailora, • 9 Ship carpenter,..
Butcher*, » Caulker,
Badlen, 4 Briek maker,....
Tanoera, 4 Lock anith, ... . .
ICerehanta, ^,... S Chair maker,....
Tiiunen, 9 Gno amith,.... ..
Stone entten, 8 Bleacher,
Millora, 9 Card maker, ....
Whitetmitba, 3 Carriage maker, .
Comb makera,.... ....... 3 Reed maker, ... .
Gardnora, 3 Diatiller,
Phyaiciana, 3 Engraver,
Cookt. 8 Plater
Chandlen, 3 Famalea,
Pedlora, 3
Clorka, 3
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Shewing th<^^ Auburn Prison, on the Ist day
of AuQ*^'^^^^^^'^ with the crimes of which
they 1
i
ED'?
■^
1
•a
TotaL
1
5
77
110
71
14
43
40
5
4
Of commoQ *r
Of very poor ^
Without any, '"
3
1
1
2
1.
1
1
321
311
203
96
5
3
3
273
97
10
747
Habits.
ExccmJJ
Moder^*
3
8
2
I
2
96
108
45
31
7
3
287
274
Intemperate, ,'|
Temperate di**
Total abstine. ^
5
3
2
1
204
65
4
76
21
10
561
I7T
96_
5
3
3
273
97
10 747
Under thf"'.' v;. •; 3™
tins f"^*i°v' ^ conviction, . . 33
Had inSi° «'°^'"=''°'>' •"• .„,
Uft iheL ~ .i?i
sixt^ convicted 269
Had atte: 855
Hadbeei;.... 183
H*^ poinhen convicted, 478
"*^ "^^Vhe married, 1046
Janit4
[Assem,
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DigiliLO D/GOOgIC
(F. ) ■
CIRCULAR,
luned hy tk* ^ent tf the State Priso*, ^vitm, relaHve to dia-
charged cvnvielM,
^xTC P>fB<nr, Acnniir, i
Septemker 9S, 1BS4. \
Deaw Bit,
You are doubtlen awaro, that latterly conBiderable excitement
has existed ia many parts of tlie State, relative to the employment
of convicta in mechanical labor in the State PriaODB. Feeling
deeply the impnrtance of the agbjcct, as connected with our peni-
tentiary institutions, and anxious to iQarn, as fur a« possible, the
«flect whicli that labor has upon the citizen mechanics' interests,
as well as' the efieots of our prison system upon the discliarf^ed
convicts, allow me to solicit yotir answers to the following inter-
roga lories:
Fb-tl : Are you acquninted with any persona who have been dis-
charged from either of the State FrisoosI and if so, what ara
their names, places of residence; and what has been their condud,
habits and diaracter, since their disoharge, also before conviction,
if known t
Second : What branches of mechaaical, pr other ImsineK do they
prosecuted and to what extent?
Third : Are there any articles, manufactured in the prisons of
this State, sold in your place t and if bo, what kinds, and to what
amount per annum!
fburth : Does the mechanical business of the prisons injuriously
afibct the interests of the mechanics of your place 1 and if to, la
it in the price, or the quantity brought into your market, or any
other cause 1
The information above sought, is not merely important to this
State, but to the United States, as well as to European nations;
inasmuch as it involves the permanency of a system of prison dis-
cipline, which has been considered the best extant, and which, in
truth, has constituted a new era in the punishment and reforma-
tion of criminals in this country, and is bow receiving th« atteo*
tioQ of the governments of Europe.
I therefore trust the subject will be ronsidered of sufficient im-
portaoce to claim your early and aertous attention.'
I am, with great respect,
Your obedient servant,
LEVI LEWIS,
J^tut and ^eper.
.coy Google
60 [Ai
Swmnary of the informaliaii collected fivm the letters in answer to
the circulars issued by tke >Sgent, during the last year^ relaHve to
ditcharged convicts.
Fin» Inqaity:
Decidedly reiforined, 154
Much improved, 45
Somewhat improved, 3&
Unrefonned, : 60
Total coDvicts heard from 288
' Second Inquiry:
PuniHDg mechanicat business lince discharged, 119
Farmers, laborers, lie., 11^
FursHiog DO bosinesff, 32
Total convicts heard from S88
' Under this inquiry it appears, that of the discharged convicts
heard from there were,
Mechanics before convictton,.... 91
Mechanics white in prison...... 194
Mechanics pursuing the same business before conviction, in
in prison and since discharged, S9
Mechanics who learned trades in prison, and pursuing the same
sinoe disdiarged, . . . .' j 47
Third Inquiry:
First question — Affirmative, , 167
Negative, ; 153
Total answers received, 31S
Second question — What kinds'?
Barrels, trace chains,* combs, wooden ware, cabinet ware, bed-
ticking, chairs, plated ware, saddle-trees, shoes, clothing, door han-
dles and latches,* brushes,! halter chains,* hames, tools, clocks.
Spades,* shi^vela,* scythes,* hoes,* sickles.* forks," hollow ware,"
naJIa,* cutlery, buttons,! cotton carpets,* log chains,* cisterns,
door trimmings,* hats,* hinges,* Amount not ascertained.
41 of the letters received mentiou and complain of artides not
manufaetnred iiere, ot which 27 complain of chains.
Foarth Inquiry:
First question — Affirmative,...,. 18
Negative, 283
Not answered, 19
Total answers received, 318
* Narer mwu&ctDnd ben. t Not nnr nuaftcbiNd litt«.
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Ho. 186.]
(G. )
TABLES
Skewing tke color, agea, places of conviction, crimeifor toAtcA ««-
vicled, length of aentences, former occupation^ degree of intem-
perance, of edvcation ; number left orphans, and number of 2d,
Srf, 4tk and &lh convictiona of the present 817 convicts at the
Mount-Pleaaant prison.
Whites, 618 Americans, 214
Blacks, SOI Foreigners, 20S
617 817
Between 16 and SI years of age, 218
Under 16 years of ago, .• ..< 38
Between 25 and 35 years of age, 412
Between S& and 50 do 122
Between 50 and 60 do 23
Upwards of 60 years of age, 4
817
Convicted in the following coonlies:
New-York, 424 Oneida, 6
Rockland,. 4 Schoharie, 10
Suffolk, 10 Chenango, 3
Greene, ,, 12 Monroe, 1
St. Lawrence,. 4 Saratoga, 6
ScheneAiady, 12 Richmond 2
Rensselaer...... 63 Putnam,... 2
Putchess, 24 Delaware 7.
Albany, 93 Madison, 2
Kings 23 Otsego,... I
Franklin, 2 Washington 6
Columbia, 27 Ulster, ' 14
Orange, 22 Essex 2
Clinton, 7 Broome 8
Sullivan, 6 Montgomery 4
Westchester, 10 Queens, 6
743 74
Total 817.
Convicted of the following crimes:
Burglary, 171 Grand larceny, 342
Counterfeit money S8 Perjury, 8
Highway robbery, 27 Petit larceny, 2d oSbnce, . . 69
Violating the grave,. .... 1 Assault and battery to kill,. . 21
Threatening to murder,,. 1 do do to rob,.. l
Buggery, 2 do do to rape, 9
Sacrilege, 1' Riot, 1
Forgery, 42 Receiving stolen goods 13
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Swindling, ••••
Embzzlflment,
Breaking jail,
Conspiracy and fraud,. . . .
Anon,
Rapei
•S [Aai
fi Manslaughter, 9
1 Poisoning,... 1
6 Aiding in escape from jail, . . I
1 Bigamy, 0
ft Obtaining goods on falae pre-
335
, 817
Occupation before Mntence:
1 Blacksmiths, 37
Bookbinder, .
Architect,
Brush makers,.
Butchers, *15 Barbers, 18
Bakers, 14 Brickmakers, .
Brass founders, ........... 3
Boatmen, *2S
I Brewers, ^S
Coopers, . .
Bellows maker,.
Bar keepers, *3
Blind maker,...,
Basket makers, ■ . , .
Carpenters, 47 Chair makers, ,
Cl'kihiurs, 14 Cabinet makers, 9
Calico printers, S Coppersmiths, , 3
Coach m.ikers, 3 Comb maker, 1
Clock maker, 1 Cooks, H
Cartmen, *6 Copper-plate printer, 1
Chimney sweeps, • *S Clerks, *7
Clothes scourer,
Druggist, *1 Cane maktA-,
DiililTer, 1 Dentist,
Farmers,. .
Grocers,....
File cultcr,
Gunsmiths,
Hatters, . . .
Iron founders,
Collegian *l
" ■ 1
*&I Gardeners,... *4
Engineer 1
Glass blowers, . .' 4
Glass cutter, 1
Hostlers, *4
Lawyers, *S
Junk store keeper, ...... *1 Locksmiths, 3
Laborers, *133 Music teacher, *1
Machinists, 4 Millwrights, 4
Merchants, *7 Masous, 19
Porters, *3 Nail maker, I
Pedlera, M Pin makers, a
Printers, 10 Painters 18
Plane maker, 1 Physicians, *&
Plutnbers, 2 Sail maker, 1
Shoemakers, 57 Sadlers 3
Segar makers, S Silversmiths, S
Silver plater, 1 Stone euttera, IS
English soldiers, *S Seamen, *98
Stage drivers, *5 Servant*,. H
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No. 1*6.) <S
Rnpe tnak«r, ;.-.... .1 Riggen, S
Turner, - 1 Teachers, •a
Tnnnen and curriers,.... 14 Type founder, 1
Tailnrt, . , IS Tobacconists, 6
Tallnw chandler, 1 Upholateren, 8
Tuacan hat maker, I Weavers, 12
Waiters, •Ai Wheelwrighu, 4
Watch makers, 4
soe
511 511
Those marked thus, * not counted as mechaoics, 413
The residue counted as mechanics, 404
Total,' 817
In any degree intemperate, 40S
Crime committed under the influcDce of liquor 8?T
I^iving with their wires, 348
Not Jiving with their wives, 70
Not able to read, 156
Very poor education, ■ • 259
Common education, ....' • 378
Liberal education, 19
817
Orphans, and such as were left withoot gaardians under 10
years of age, • 334
Orphans under 16 years of age, 100
Second convictions to State prison, 143
Third do do S9
Fourth do do 7
Fifth do do 1
O^riinon of Judge Spencer on ike manm/aehtre ef 8Uk in the
Prisont.
Pobtic meetings in various parts of the Sute, indicato a grow-
ing diseatigfaction on the part of the mechanics and others, with
the manner of employing the convicts in the Stale Pfisons, which
it represented as injuriously interfering with the mechanical pur-
aaits of our fellow citizens. It is far from my intention to express
any opinion upon a subject appropriately within the action of the
Legislature; but it may be found just and expedient to yield to
tba remooitninces of ti>c great body of the oiectannies, so far as
eaeentiaily to change the present system of SUte Prison labor;
and it may be found difficult to devise a mode of employing tbem
profitably, free from the objections now made.
In the event that the present tystem shall be materially modifi.
ed, the augsestiona I have to make niay not be unworthy of at-
tention; ana if I mntako not, they will obviate the evils to be ap-
prehended from a change of the present systeso, and a compliaace
with the request of those who now oompkio. I conceive it abeo-
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64 [AsesHBLir
lutely oeceitary, tt well to the healths as to the morals of the
oonvictk, that thoy should be employed in some work which shall
indemnify the Slate for their support. A slate of idleness and in-
action would render them more hardened and depraved; and a
permanently heavy charge upon the virtuous and industrious citi-
zens, might beget such a disgust as to work a change in our ame-
liorated code, and might re-introduce a code much more sanguina-
ry. Without further comment, I will proceed to state a mode of
employing the convicts, which appears to me free from all objec-
tion.
I must promise, that it became my duty during the twenty-first
Congress, as chairman of the committee of agriculture, to devote
considerable attention to a proposition from a highly respectable
source, on the culture and manufacture of silk. The result of my
researches and reflections was, a thorough conviction that in all
parts of the United States, silkof a very superior quality can be pro-
duced in a short period of years, and in abundant quantities; and
that there are no difficulties which may not be overcome at a com-
paratively small expense. If the project in either of its brnnches,
the manufacture or the culture of silb, or both, should be adopted
by the Legislature, it would be entirely free from the objection, that
it came in competition with any mechanical employment now
carried on ; and should any of our citizens hereafter embark in the
same pursuits, they will have been forewarned that the State has
entered on this business with a view to give satisfaction and relief
to existing complaints. The points principally to he considered
are, whether the climate of this State is genial to the raising of
the silk worm; whether the silk which may be produced will be
of a good quality, end whether the reeling of the silk from the
cocoon, and the manufacture, can be profitably conducted by tiie
convicts under proper instruction. It is well known that the best
and only proper food for the silk worm is the leaf of the mulber-
ry. The white is much preferred to the purple, and affords better
silk. Within a few years the Chinese muloerry has been intro-
duced into this country, I am unable to speak of the relative superi-
ority of the white and Chinese, but experience has tested the va-
lue of the white mulberry. In 1829, Mr. Du|>nnceau, a most re-
spectable, learned and patriotic citizen of Philadelphia, became
acquainted with a Mr. De Homergue, a native of Nismes in France,
who came to this cotmtry at the request of a society of gentle-
men of Philadelphia, who proposed to enter on the culture of silk,
with high recommendations of hia skill in the culture and manu-
facture of silk, «nd especially in the art of reeling silk from co-
coons. The result of this acquaintance was, the publication of
essays on the subject generally, with the view of exciting puUic
attention to what Mr. Doponceau considered a highly important
national object. In these essays Mr. De Homergue asserts, thai
afier making experiments oh the produce of the American silk
worm, the results were truly suprizing, as they show a superiori-
ty in the silk produced by the American worm over that of aoy
other country that be had ever seen; and he says, '* tbey pmniK
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No. IW.] «6
«ti immmte source of ricfaet to the United Stftteo." '* The fint
thing, he says, which struck him, was the extreme fineness of the
silk which he extracted from the cocoons; they were of the white
species, and of a dazzling l)»trc" Again he says, " the white co-
coon appears to be numerous in this country, and iheir silk is tru-
ly beautiful; but it is not in quality only, but also in the quantity
of the material they produce, that surpassea those of other coun-
tries."
In 1830, Mr. Duponcena sent specimens of the silk reeled by
Mr- De Homergue from the American cocoon, to Lyons in Prance,
to ^ assayed, and the opinion gvaa by Mr. De Homergue wai
confirnied by the public assayir, who pronounced the silk to he of
k superior quality. Mr. De Homergue maauJactured several ar-
ticles from the silk reeled by him; two flags on which were paiut-
ed the arms of the United States, one of which was suspended in
the hall of the House of Representatives; and several smaller ar-
ticles, which were of excellent quality. The cocoons referred to
by Mr. De Homergue were produced near Philadelphia; and lest
it might be supposed that the climate of Pennsylvania is more fa-
rorable to the culture of the worm than thai of this State, it need
only be mentioned, that the culture of silk has been successfully
priMecuted in Windham county, in the State of Connecticut, which
is very nearly in-the same latitude as Albany, for more than se-
venty years: And although they have manufactured nothing but
sending silk, and have bad a very imperfect method of reeling the
silk from the cocoons, it has proved a profitable business. The
manufacture there of sewiag silk amounted, as far back as 1810,
to •37,373 in that year. Mr. De Homergue informed me that
their mode of reeling was very defective, and that they sustained
a ^eat loss in applying their silk to the manufacture of sewing
atlk instead of fabrics; whereas the French and Italian sewin^^ Bil£
was made irom the refuse silk, and he much regretted their losa
by this misapplication.
That our soil and climate is favorable to the rearing of the mul-
berry, 18 a fact too well established and notorious to require any
observation. The wm-m has been successfully raised in various
parts of this Slate, within my own knowledge, and I presume
within the knowledge of several gentlemen of both Houses of ths
Legislature; and I consider it as well ascertained that tba climate
of this State is genial to the silk worm.
The greatest hindrance hitherto to the culture of silk, has been ths
difficulty in extracting it from the cocoon; the reels in use in
France and other parts of the continenl where the worm is raised,
are so imperfect that it has been considered an art of difficult ac-
quisition to reel the silk in an even and perfect manner from the
cocoons, so as to be suitable for labrics; and from the circum*
stance that the worm is not reared to any considerable extent, if
at ail, inEngiand, it would be necessary to procure instructors in
the art of Sliature, from France or some part of the continent of
Europe, unless indeed American iogeDuity has surmounted the dif-
ficulty. It has been confidently anerted that Messrs. Gay and.
[Asaem, No, 185.] 8
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Moaely of Coonectieat, have iavMited a madiine for eztnctiog the
mlk from the cocooni, greatly simplifying the proceu, by whicli
the fibre of the thread is preserved from fretting by friction, *ai
ia consequently less liable to break in the weaving; and I have
seen within a few days, an accoont of the exhiUtioa of their
reel, and its operation iiv a very satisfactory manner in the C^itol
at Washington. If this reel should answer the purposes attributed
to it, then one of the most serious and one of the greatest difficot
ties in the culture of silk in this country, is already overcotnc.
I have already said that the culture of silk docs not exist iii
England, and the same remark applies to Mexico, and yet it u
certain that the mere manufacture of silk in England is one of its
greatest sources of wealth. If with a more genial climate we
can produce the silk and mannfactnre it, may it not be safely af-
firmed that it will bo to us also a greater source of riches xai
wealth!
Immediate measQiesoaghttobe undertaken, under the auspices of
the State, to induce the planting of the mnlberry, either by judiciooi
bounties, or exemption to a certain extent from taxation. I think
it would be advisable for the State to purchase tracts of land ia
the vicinity of the Stale Prisons, say two hundred acres for each,
and immediately commence the cultivation of the mulberry in a
way to ensure a supply of leaves in the shortest period possible,
to the end that the worms may be raised by some of the conricts.
If the public can rely on finding a market for their cocoons at the
State Prisons, then a strong inducement will be held o«t to the
rearing of the worm: And when it is considered that the procen
is perfectly simplu, and that it requires only the labor of women
and children, subtracting nothing from other agricultural labor,
and that the gains are almost all clear profits, it ought out to be
doubled, that iu a few yean there will be an abundant supply of
cocoons, which from the great facilities of transportation, can
readily -be conveyed to the Prisons. Inasmuch, liowever, as we
cannot expect a supply of cocoons in sufficient quantity for the
prisons, in a less time than five or six years, and it may be more,
and as it is desirable that the new system shall go into operation
as soon as may be, I perceive no objection to the adoption of mea-
sures to procure at once a supply of unmanofaetured silk, with
which to commence tlie instruction of a portion of the convicts ia
the art of manufacturing. There can, I think, be no doubt, with
such a widely extended commerce as we enjoy, unmanufactured
silk can be procured on terms as favorable to us as to the English
manufncturer. With regard to instructnrs, they can be obtained
at all events from England, and it is believed that they are already
In the country among the emigrauta from England. There should
be a skilful superintendent, and two or three other good workmen
engaged on the express condition to instruct the convicts in the
various processes of dyeing and manufacture.
When it is considered that the convicts are of all ages, and ihst
they are ingenious, it scarcely admits of a doubt; that a conside-
rable portion of them wonld be apt leamera, and, after tooio tioie,
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No. 185.] ST
bo capable of instructing others, aod thus, whilst we were prep'ar>
ing to rear the worm and produce the cocoon, the art of manufac-
taring could be, aitnincd. If, after all, we are to have recourse
to the foreign reel, and should be obliged to obtain inatructors in
the art of reeling, it would, I think, be advisable to begin with
that also al once. Cocoons can be procured, with little trouble,
in sufficient quantities to affi>rd instruction in the art of reeling,
and one or more instructors can be procured. In a report ma^
to the House of Representatives in Congress, in 1830, it was stat-
ed, tliat the importation into the United States of silk fabrics, is
five years, from 1831 to I83.\ inclusive, amounted to •36,166,494;
of which only |7,06B,O1 1 were exported ; and, by a document te>
cently published, it appears that the importation of silks from
France alone, in 1838, amounted to 90,356,000; so that our im-
portation of silk goods from various countries, ean not be less than
about 910,000,000 annually; exceeding considerably the value of
our bread stufls exported.
These facia would seem to call for a united effort, to avail our>
selves of the advantases within our power, in opening a new
source of industry, holding out the assurance of sucti rich rewards
ip the agriculturists, and the mechanical ingenuity of this country.
If the convicts in our Slate Prisons arc able, by their labor, at
the low prices for which they have been let out, to maintain them-
selves, and even produce a surplus, can it be reasonably doubled,
that after a short time, they will be able, in the culture and mann-
iacture of silk, to increase the prolts of the prisonT
I had omitted, in its proper place, to state, that the county
poor-houses would be very proper places to rear the silk worm.
They have generally farms attached to them; in these should im-
mediately be planted mulberry trees. The inmates of these houses
are generally incapable of severe labor, but are very well adapted
to gathering the leaves and tending the worms. This employment
would be a lucrative business, and the poor-houses alone, in a few
years, would afford cocoons to employ a considerable number of
the convicts. The duty of organizing and bringing into operation
the plan proposed, may properly be confided to one or more of
the Stale officers, with the aid of the officers and inspectors of
the prisoDS. I can not speak of the expense of the necessary ma-
chinery, and the compensation to the instructors, but it may be
safety asserted, that tnese are insignificant when compared with
the high advantages and the rich rewards, which may safely be
anticipated ; besides the satisfaction of quieting the apprehunsions
and complaints of our deserving fellow-citizens.
If the State of New-York shall be the first SUto in the Union
to introduce, on a large scale, the culture of silk, and its mano*
facture also, she will have another claim on the admiration of her
co-States; and, if any suggestions of mine shall aid in this great
and splendid enterprize, it will afford me high satisfaction.
A. SPENCER.
January 38, ISS6.
N<rra_ Tfa* svUmm SBl saadBtftoM MCWBpvqriif lUi npwl wIU b* piaM fa k
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STATE OF NEW-YORK.
No. 136.
IN ASSEMBLY,
February 9, 1835.
REPORT
Of the select committee on the petition of Hiram
Pratt, treasurer of Erie comity.
Mr. Plumb, from the select committee to which was referred the
petitioD of Hiram Pratt, treasurer of the county of Erie,
REPORTED:
That it appears to your committee, the sum loaned from the
State, in pursuance of the act passed April 8th, 1884, for the pur-
pose of extinguishing the debts due for building a new jail, and
for the purpose of erecliog a lire proof clerk's office in said coun-
ty, was inadequate to the payment of all the said debts, and the
erection of such a building for a clerk's office as the safety of the
public records seemed to require: and that a part of said debts for
building said new jail remain unpaid, and no clerk's office has yet
been built in said county; but all the records and papers belong-
ing to said office are now kept in one of the rooms of the court-
house, which is not a fire proof building.
It also appears, that by a certificate of the board of supervisors
of the said county, the petitioner was directed to apply to the
Legislature for an act authorizing a loan to the said county of
Erie, to the amount of two thousand five hundred dollars, with
authority, also, to the board of supervisors of said county, to raise
the said sum of money, with interest, by tax, to be levied and
raised in said county in the years 1838 and 1837; and that the
said sum of money to be borrowed ai aforesaid, should be applied
[Assem. No. 136.] 1
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to* the extingaiihment of debts due from iiid coonty on accoant
of building the new jail, ud for erecting a. fire proof cler^i office
for Mid eouaty.
Tbe Doticeft of the application having beea daly paUiahed, f our
committott aik leave to bring in a bill accordingly.
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STATE OF NEW-YORK.
No. 137,
IN ASSEMBLY,
Pebrui7 10, 1835.
REPORT
Of the committee on grieTances, on the petiti(m of
Nathan Bumpus and others.
Mr. Adams, from the committee on grievances, to which was
referred the petition of Nathan Bumpus and others, asking for a
compensation for claims upon lots of land Nos. S8 and 64 in the
Freemason's patent, in the town of Ijtcbfield, in the county of
Herkimer,
REPORTED:
The claim' set up by the petitioners, is substantially stated in the
report of the select committee of the last House of Assembly, on
the petition of Anthony Rhodes and others. See Assembly Doea-
ments of 1684, No. 803.
The petitioners ask for the passage of a law authorizing the
Commissioners of the Land-Office, or any three of them, to ioves-
tigate and determine the claims of the petitioners and others, for
payments made by them to the State upon a certain mortgage up-
on the aforestud lots; and to provide for the payment of sach stuns
as the said Commissionen may determine to be due, if any.
Your committee, in examining the claim, find that it has been
long the subject of agitation: in the Assembly Journal of 18M,
page Sll, be. it will be seen that the State officers investigated it;
at page 560, it will be seen that Mr. Honell, from the committee
on claims, made a report favoring it Mr. Hubbard, from the
cMomittee on claims, upon the petition of Nathan Underwood,
[Assem. No. 1ST.] 1
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nude a favorable report, (See Senate Doc of tSM, No. MS,) and
brooght ia a bill for hia relief, which paued and became a law.—
See Seasioo LawB of 18S0, page S93.
Your conmittee feel not called upon to give any opinion for or
against this claim, other than to lay, that, frcmi the favbraUe >!•
tenUon which it haa heretofore received, the desire of the peti-
tioners that it should be 6nall7 disposed of bv the decinoa <rf' the
officers above mentioned, is not onreasonaUej they have, tboe-
fore, directed their ebainnan to ask leave to introduce a bill for
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STATE or NEW-YORK.
IN ASSEMBLY,
February 3, 1835.
REPORT
or Uie Bank Co-nirJssionera, in ansver to a resolution
of the Assem'jly of the 10th of Jantiary and 5th of
May, 1834.
TO THE HONORABLE THE ASSEMBLY OP THE
STATE OF NEW-YORK,
The Bank Commissioncn in answer to a rccolutina nf tlto As*
acmbly of the lOth of January lavt, wliich was motlilicd l>y « sub-
sequent resolution of ihu Mh of May, requiring a statement of
dwidexda and HrpMite* iu ikc several banks subject to iheir \-i8iia'
tiou vhidi have remained unclnimed since llie first nf Januarr,
1880,«xcept where tho ilepositors or proprietors of dividends were
known to be living and not insolvent,
Resfectpullt Report:
That Ihe annexed list contains the information reqfiired, so far
to comply substantially with Ihe terms of tho rQsnluiinns. ]i
is impracticable in many instances to ascertain the dates of dt>j<o-
siies as well as ihc amount of stock npnn which the dividends were
madei without very great labor and inconvenience. Tie m-eouins
are brought forward from one Icgur to nnother, in moxi cum's, ,
without giving the dates of the original transaction, and in order
to ascertain particulars every book prior to 18S0 must \n ex*,
amined.
The old legen are very numerous in some of the banks, and
the labor of eumiDing tbom all would bo immease, btoauw sevo-
[Assem. No. IM.] I
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nH-if Mt an the bmfct in Hw wriea mmtbe
MninatioD repeated in each caac sepamtcly.
Thcni ore in the city fawik* very many small bataooes of ae-
counto tcnuHtiing, which have been brought forward from time to
time, but which, from their fnagnitude, can be of little or no io*
torut to any one, and wo have not dtonght it requisite therefore
ti trouble either iho Lagialatarc or ounulvcft with a long liit of
balances, which, if ever claimed, would be scareeiy worth the ei-
pcnic of printing. All balances <^ %2i and over ore inehidtd in
the list.
SMpMtfnUy aufaautiad.
C. STEBBINS,
GEa R. DAVIS,
LEWIS EATON,
4a«y, M, Sf inn
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LIST
tf certain DepoaitcB ami Dividends which have rt-
mained Hnclaimed of the several Banks^ since the
^rst of January, 1839 — such Deposites and Divi-
dends having been made prior to that date.
Ontario Bank.
benjamin EUicolt, .
May, 1838,.
Utica BroMck Bank.
[>. Candc, jr
Benton W. Hazard,
July, 18S1, ....
March, 182?, ..
Bank afAubnm.
William Britlin,
1831 to 18S8,.
JVcioftifrvA Bank,
John Utile,
Jane Walker,
John Dill,
Mareh 17, 1814,
May SlOc. 1829,
.. .Sundry dales,..
Oravfie Counfy Bank.
Horace Adam Sopt. 24. 1827..
Cliarloi Brown, March 10, 1827,
Levi Q, Fowler, May 10, I82C, .
D.Brown, jJan. 18, 1823, .
10 03
10 00
I
Bank of America.
John AshficM
Snrah E. Austin
Jainct Andursnn, jr., .■
Sarali H. Armslrong,..
Fanny Brown
Josoph Burr,
George Colt, .'
Sundry datci,.
do
715 00
10 03
6 74
10 00
10 U
72 7»
75 00
12 50
2 50
50 00
14 00
75 00
5T00
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Lift of nnclaiined Depoiitet, &c. — Continaetl.
NAMES,
Dq»l».
Kniaam.
49 00
30 0»
45 00
Elicabeiti Eldrnlge,
&7 00
ISft M
40 00
6& 00
Abrahnm S. Hallct, .'...
15 00
JciscHoyt
Walter Jonet,
15 50
:8 50
37 50
Mary Mageo,
3 50
.'.'.'.::::
JodediiUt Macv,
....:::.
6 00
30 00
SO 00
Marshall Paulcl
00 00
150 00
S 00
....
■
7 50
John Tnvlor Tar J. Ellidls est
....
310 00
Phcbo T'lirbrlt
.■V 00
■
::;.:::::::::::;;:::::
Robert Badw & Ce'i. estate,.
141 U
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o. IS*.} »
List of unclaimed Deposites, &c. — Continued.
NAMES.
Dueardapaotaw
diTidnid.
AlDMHtL
Dividmdf.
AMonnt.
ohn Bradlcv,
333 00
100 CO
100 00
300 00
104 28
9-i 17
40 3.!
2(1 80
31 40
SI 05
27 80
113 51
81 20
35 35
41 31
50 00
46 15
50 00
50 00
100 00
46 05
100 00
nhii Brr.wn
iiim'l. P. Clapliflm, ;..
oiwph Frntikli.
tu-h.ird F,.rct<t '
i. Baihnway. jr. t Co
OVv Bank, M Y.
\,l. Bvrd
\.. H. Lnwronce & Co.,
lachcJWcbb,
do
May, 1820,
0 25
7 50
do
Nov. 1820,'....
i. D. Sedgwick,
18 75'
$. D. Fleming, ia trust,
do
do
Not. 1821,....
30 00
37 50
.Villiam Keese,
May, 1832,....
12 60
Nov. 1828&1823
10 00
do
^ydia Edwards,
May, 1824
4 W
Dijiiiieo, Google
List of anclaimed Deposites, &c. — Continued.
Peter Carmant,
Samuel Trumbull
Jnhn B. Scolt
David Plant
A. C. MoWhortcr,
Gcorec Humphreys,
Pl>ili|) Entliurv, ;..
Boiij. El*<tc-n.'
J. 0, AnHeisfin,
Joseph Btirr,
Abraham O. Stansbury, .
Union Bank. ....
J. (■. Joi.es : Mnv, I81S,
P. Mead Nov. 1811 |....
M. Foot !l8I3 and 1813,. i...
Sundry dates, .
May, 1835,...,
do ....
do
do
do
do
Sundry dates, .
do
1838 and 1839,
iNov. 18M
J. P. F. Bnunlcll,
J. Ciirpcntcr,
M. Seaman, •...
U. Seaman, '.
J. BilCOR
M. Clurkson,
A. Mcrecr
C. Tyson,
Polly Alsop,
J. Davenport,
E. Kane,
W. & S. Ilabinson, .
W. Tmey,
J. G. Warren,
R. L.Hunt
U. Seaman
Thomas Whyltcr, ..
James Carpenter,...
Peter Brown,
■John Davenport, jr.,
John P. Warren, ...
J. Brooks,
Philip Grim,
J. Marshall
S. Marshall
D. 8iS. Marshalt, ..
John Ellis's estate, . .
May. 1813,
do
do •■ .
do
Nov. 1818, .
do
do
do
May. 1814,...
do
do
do
do
do :..
1810 and 1817,
Nov. 1810,...
do
May, 1817,...
do
May & Oc. 1817
May, 1817,...
Nov. 1817
1617 and 1818,
Nov. 1817, ...
do
do
May, 1818,.
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No. IS©. J 7 /
List of unclaimed Deposites, &.c. — Continued.
G. Metlon,
Smith Al La,wson,....
L. Brooks,
Coit Si Fowler, ,
Thomas Bartran, ...,
Eliza Bucknor, ......
Elisha Coit,.
A. McCollum ,
Asa Mann, ,
John Currie'i estate, .
E. Wakcman, ,
Corn's. Tyscn ,
W.Berrien ,
R. Seaman,
E. V. Ludlow,
C. C. Van Aien,
Sally Peirce,.-.
MaryPeirce
' Thomas Bartriun,....
J. F. Smith,
N. Boiaawbin,
J. P. Dunn
Thomas Cair,
James P. Cook, ,
A. Hubbard,
W. Williams, ,
Waltftr Booth ,
W. Whiilock, jr......
J. Burr,
G. Joseph,'
Joseph Sandford, .,.,
W. Cooper,
N. Mcrritt,
T.Martin
N. Richards,
Mary Jadtson, ,
Lewis Piatard,
TVaitsmtn'a Bank.
Daniel J. Brooks, ..4,..
Josiah Briegs, .........
David T. CSoper
Catharine Cozme,
May, 181 S,..
do
iVov. 1818, ..
May, 1820,...
do
do
Sundrv dates, .
May, 'l830,...
Not. 1820. ...
May, 1821,...
Nov. 182], ...
May, 1822,...
May, 1828,...
Nov. 1823, ...
do
May, 1824,...
do . . . .
May, 1825,...
do
1826 and 1629,
do
Nov. 1828, ...
do
do
do
May, 182T,...
1828 and 1839,
Nov. 1828,....
do
Mav, 1830,...
do
do
do
Nov. 1829,...
do
31 25
3 75
5 00
3 75
10 50
9 00
I 50
29 50
6 00
62 .50
12 50
7 50
57 50
25 00
7 50
6 25
17 50
13 75
8 75
72 50
526 00
55 00
73 75
le 25
25 00
5 00
16 20
33 75
340 20
16 30
48 60
139 60
270 00
10 60
40 50
13 SO
13 50
147 50
40 00
38 4a
66 09
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List of unclaimed Deposites, &c. — Continued.
NAMES.
•^^CSEr-*
r:
Diii4th
tmmm.
42 OO
107 86
50 00
54 59
338 OO
29 Id
47 18
30 87
Richftrd Weill,
Jiilr,lB36&ie3e
Jan. 1830
9 OS
W Bayard
350 40
51 36
25 70
801 58
J. \V. Barlon
W.P. Beora,
J Blackwell
75 12
P. Barker
212 41
E Kuts
102 38
ForkitChew
JohnUemstcd
SO 00
35 DO
4: 42
00 B5
111 36
103 SO
55 01
62 S2
85 77
33 82
M 27
36 30
48 50
313 00
03 06
35 63
20 03
117 29
132 54
163 00
136 85
James Keeler a Co
T. & J. McCouD,
W. D, Maltbie&Co.,
P. &,M. MesinJtCo.
William Ogden
Nalh'l McVickeo.
Jamca R. Smith,
C. P. VanNesa.
W. P.V«,Nm»..
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List of unclaimed Deposites, &c. — Continued,
NAMK8.
^£C32r-
Inraitt.
DiTldMdh
15 'ifi
83 00
20 00
115 00
33 2S
47 00
26 09
67 78
Vianc & Butter,
fohn J. Robinion,
lebecca Rockwell,
1804.
67 66
Jenjamin Pell & Son,
dT. ;;;::.::
do
15 00
do
22 60
do V
do
26 00
tVillet Seaman
do ;
06 00
rohn BIftckwell . .
do
1808,
,
24 00
2 00
1806 and IBOO^.
1806
106 35
Tames Walker ...
50 00
Canton Blonde)
661 60
tobert McCullen,
1807 .'...
M 75
^nne White
do
27 00
do
lis 60
ran Wyck Wecki
1806
67 50
tobert L. LiringitoD.
SlizaAoDiD
1808,
4 50
SO 50
amcs Gibson,
27 00
;. ftE. NieboHu,
- !■ SO
No. 1S».]
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list of unclaimed Depositcs, &c.— "^I^n^nucd.
NAMES.
di«u^
Amotmt.
DiTidea^
33 ?&
CO 75
Archibald Dunl;tp ,.
1912,
3G 00
:::: ■.:;■. :::;:.
11 35
SO 25
0 00
Jntiii S Uf'Ulct
1813,
108 75
45 00
112 50
G. It. Van Wnitgencr
Hkliard MfiCurdy
F H Pcndluton,
18 00
2 25
Utuhard Wiiriamsoti
'
131 la
1818
24 00
Pliilip Jncol)
3n 50
Mosea Judnh'
1820.
6 35
222 00
Thomas Wright
1831
1828
34 00
do
"
30 00
IB 50
David G. Hubbard,
[824
3 00
52 SO
Mnry E.Wood,
330 00
J..hu Hone
Nortli &Fank,
1826
SI 00
37 50
A>tor<>rJt State Baiik.
Jacob G.Laniia^ ••
IS08.
ST 00
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PVo. ISO.] II
Li8t of unclaimed Dcposites, &.C. — Continuecl.
NAMES.
^a*ffl:?-
Amount.
DiTidtndi.
Amoom.
tjimcs Spalding,
5crr"nS. Vccdcr
1800,
3 07
Z ::::::::
\f icim-jl Baj-Icy
1807,:.::;..;:
1 80
fionrv Harbeck
0 00
r.ihn Barnard,
0 00
1817,
50 00
do
40 00
80 04
13 as
5 UO
30 00
100 00
100 00
30 00
35 00
31 17
75 17
80 00
145 00
33 34
SS 05
50 00
Zcbulun M. Pike,
Itank of ^anmf.
Patrick llcid. :.
;;tiarlca Slic|>herd,
/VtfsigDcct ftf Joha Liuh,
*
\. S. SlKjrinan,
Bank ft/- Utka.
3 03
do ....
........
7 50
rhmnaaWnlker,
do ....
1 50
ricnry CInrfc. jr.,
saac Miller,
1824,
do
It 35
0 75
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Iiiit of onoUimed Deparite% tte. — CoBttDsed.
NAMES.
'^^tSSt*"
!>»-»-•
Piiiliir
I) liR Van Home,
1884, ,'...
5 03
ThomuR. GoU,
I8M,
33 50
BalifTro).
,.«
Elijah Rinoey,
1814,
14 00
do
DtnietHerrit,
S 40
Lucretia Miller,
1888, .*
1 M
Meekmie^ Ba»k,M T.
28 80
54 10
37 0&
43 M
30 33
37 00
41 47
40 00
55 88
4181
43 88
D. Doyley
A. Fiih A.Co.,
Jamei H Smithman
B. H. Smithen,.
J.& A.Sutfin
p. V.rel^fr.,.!V...;:. '.;■.■.'.
Geo. H.Buck,
3 93
Eleazer Hunt,
3 93
Wm-Hewtol
11 ei
98 35
44 8S
J. WalMD Morgan,
36 98
N. if. Cily Dispen>ary,
e 13
Mary E. Wood,
G.H.Buck,
3n
47 2S
Ellia P. Cooto ...'....
1
15 41
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(o. IM.] U
list of uaelaimej Depoute^ &c — Continued.
NAMES.
°"&ssr""
AaMnmt
Diridtnifc
1 57
9 45
'. Q. Johnston,
7 87
11 03
25 98
3 98
lVni.Sayre,
^harles J. Smith,
3 15
Farmer^ Bank, Troy.
June 1| 1823, ..
14 00
do 1B26, ..
14 40
Dec. I, 1825, ••
22 40
Mechanic' S{ fanwr*' Sank.
52 58
100 00
Jt 4S
4 00
100 00
lOU 00
80 87
IS 37
6 OS
22 28
3 00
198 85
?. D.BeekmM,
\'athitniel Pry
"J. Lenvennrorth,
i Shepherd,
iVilIianM& Co.
Daniel Steele,
5 00
Stephen Lush,
10 00
louhetla ETortsoD,
5 00
Dijiiiieo, Google
14 {ASSBMBLT
List of unclumed Depositca, &c. — Continued.
NAMES.
^gJZf"
Aipouit.
DiTidaMli.
9 05
0 IB
4 92
14 30
17 74
1 87
W. aiS. Smith
15 00
0 00
30 00
21 00
5 50
8 50
Pkmix Bank.
Wtn Pike
42 71
ai5 44
531 49
G7 14
30 00
201 61
304 33
300 00
70 33
130 34
93 08
2)10 65
164 00
800 00
S3 33
1U6 07
Mary Bassetl's estate,
Joseph Blnckweli,
Samuel Brodhurst,
B. Fisher,
45 00
ArchiUm Campbell
33 50
33 50
John Ellison,
337 50
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Ko. IW.] M
List of unclaimed Depotites, ke. — Continued.
NAMES.
^g^S^'
Amomu.
DiTiden^
Ammat.
113 fiO
G. B. Iktcsiso
Samuel Brndhursl,
23 50
22 50
225 00
Hcltv FaBaet
Hftnnah Eddv,
22 50
D M CLirkson
112 50
67 50
Nnthanicl Greciiu,
DO 00
22 50
22 50
J L Gnrdiner,
800 SO
Vfm Winihrop,
C E Walton
75 20
112 80
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STATE OF NEW-YORK.
No. 141.
IN ASSEMBLY,
February 11^ 1835.
REPORT
Of the committee on claimB» on the petition of Pnsley
Laing for relief.
Mr. M. H. Sibley, from Ihe committee on clajmi, to vhich was
referred the pclitioo of Paslcy Laing,
REPORTED:
Thnt tlic potiiioner claima compeniation for an injury to hit
house and Im, occasioned by the construction of the Saratoga dam
across the Hudson river by the State.
A similar petition was presented to the House of Assembly at
the List session of the Legiilature, and rcforred to the committee
on claims, which made a report thereon, recommending that iho
prayer of the petitioner be granted. The facts in the caac are
collected in that report, (which will be found in Doc. No. 137 of
thnt session,) and therefore not necessary to bo here repeated. A
bill was introduced by the chairman of that committee, which pas-
sed the House, for the relief of the petitioner. A majority of
your committee concur in the views expressed in that report.— -
And a letter now on file, not before the committee of 1834, ad-
dressed by one of the Canal Coromissionera to the chairman of tlie
committee on claims of the Senate, indicates hia favorable opinion
cf the petitioners application; it has, moreover, received the de-
liberate sanction of the laat House of Assembly, in the passage of
tlic bill before mentioned.
Under these circumstances, your cnnmittee have inatmcted
their chairman to ask leave to bring in a bill for the relief of Pas-
ky Laing.
[Amm. No. 141.} 1
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STATE OF WEW-TORK.
No. 142.
IN ASSEMBLY,
February 10, 1835.
REPORT
Of the committee on claims upon the petition of Zc-
bulon Douglass.
Mr. M. H. Sibloy, Trom the commitlcc on claims, to which was
rcrerred (ho petition of 2ebulon Douglosi for compeniatioD for
extra labor done oo the Eric canal,
REPOTED:
The petit4oncr claim* compensation for oxtra labor done on sec*
tjons 13 and 17 of the middle section of iho Erie canal; and, in
support of this claim, alleges, in subslanco, as follows: That in
1817 he contracted with the Canal Commissioners to moke a part
of the. said section 17; in the performance of which contract it
was found necessary to mako various oltorations from its terms,
whereby he was subjected to groat expense, not anticipated at the
time of milking the contract, or contemplated by its provisions;
that ihcso alteration* were directed by Judge Wright, the acting
engineer upon the canal, and consisted principally of the follow-
ing particulars, viz.: In removing cartli, taken from the canal,
which was nnlit for the coiiitruction of the towing path, some dis-
tance, and making the path of suitable earth, brought some dis-
tance; and' in making drains which became indispensablo to carry
off the waier that would otherwise have obstructed the work, and
in overcoming much hard excavation, not estimated in the con*
tract: Under thi* last head, the petitioner specifies, that in that
part of the work, denomiaaled common excavation, in the cob*
[Ancm. No. 143.} I
DigmzecDy Google
S. AmnmuLT
-tract, nt lemt 1,569 faris pmred to be inittraled ehuy, the remo-
val of whii-h reciuireii much extra labor; and not less thaa 60&
jrnrds of slate rock, also entirely unforeseen at tbc lime of making
the CMitract. In that part of the work denominated rock excava-
tlnn, for wliich the petitioner was allowed by the contract, fifty
cents a yard, not less than S24 yards proved to bo of a different
and more expensive kind of that species of eicavation titan was
intended to be embraced in that tcrn> by tho contnust, and requir-
ing, at least, double the expense in removing that was allowed by
the contract.
In relation to section 13, the petitioner alleges that he was,
with one Jeremiah Landon, a contractor for the construction of
it; that he entered upon the execution of tbo work, and encoun-
tered unforeseen and formidable olistaclcs, in large stumps, logs,
old timber, acd roots, which lay embedded in tlie earth, below the
timber gnawing upon the surface, which could not have been an-
ticipated when the contract was made, and were only disclosed
by the progress ,ol the work, and that these impcdiinents occasion-
ed heavy expense to the petitioner; that after he had overcome
these extraordinary obstacles, and was obout to enter upon the
easier und more profitable parts of his undurtaking, he was depri-
ved, by the Canal Commissioners, of this job, on the ground *' that
bis increased labors on section 17, from thcextrarordinary causes
before referred to, demanded his undivided effirls, to ensure its
completion in due season, and which could not be reasonably aati-
cipotcd if he continued the prosecution of both jobs;" that the pe-
titioner was anxious to retain both jobs, particularly as be had
overcome the obstacles on section 13; and ofiiired, to the Com-
missioners, good security that he would complete them by the time
required. ' That, when section 13 was so taken from him, he was
allowed and paid only so much on the work ho had done npcn it
would have amounted to, if it had been such as the contract con-
templated, in proportion to the sum to be paid for the whole job;
■o that the sums paid to him and his successors, only covered tbc
original contract price.
The elainu of tbo petitioner an itated m fi>Uow:
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No. !«>.]. S
For dreiiM mads toieetion 17, tlOO 00
For iho removal of unpuitable, and procuring luitable
earth for the towing path, 68 75
For extra labor in the removal of hard clay on that part
denominalod commcm excavation 00 "^
For extra labor in removing the slate rock in that part
denominated common excavation 06 00
For extra U^r on that part denominated rock excava-
tion, 363 00
For extra labor upon KCtioo 13, 300 00
♦757 47
It further appears to yonr committee, that afler the completion
of section 17. which was executed by the petitioner with great ft*
delity, and in a manner uncommonly perfect; an accouat of his
xvork, estimated according to the contract, was mado by Judge
Wrighl, who certified that it was performed in the best manner,
and that the amount so estimated was paid to htm by Myron Hol-
Icy, esq., then acting Canal Commissioner, and a receipt given by
the petitioner, in full, of the amount so certified. That at the
time of executing such receipt; the petitioner claimed an allow-
ance for the aforesaid extra labor; the consideration of which was
deferred by the Commissioners unlil a future time.
But, it further appears, that the claims of the petitioner have
been presented to the Canal Bonrd for adjustment; an allowance
of 8100 made to him by that Board, and paid by one of the Conal
Commissioners. Although it does not appear for what part of
such extra work the said allowance was made, or whether intend*
cd to cr.ver the whole claim, or only particular items of it. The
only information furnished to the committee on this subject, is the
allegation of the petitioner, made under oath, that he is ignorant of
the gionnda of such allowance, but supposes it to have been for
the construction of drains to section 13, because it corresponds in
amount with the sum agreed to be allowed to him therefor. For
the constniettoo of these drains the petitioner does not now make
any claim.
The petitioner also states, that he had not an opportunity of be-
ing heard before the Canal Board, when his said claim was under
consideration, and that he has since made repeated and strong ef-
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forts to obtain a hearing opoD his ctaimt before that Board, with-
out SUCCOH.
Upon the proofs prenoled to the committee, now on file and to
which the Houae it referred, they have come to the conclusion,
that the petitioner has rendered important services to the State,
for which lie has not received adequate compensation. Bat, be-
eautc it appears that his claims have been presented to the Canal
Board,- the tribunal create dby taw, for the adjodicstion ^ such
ncatiers, and it does not i^tpear that p\\ the aforesaid items of
claim were not considered and passed upon by that Board, (ex-
cept so far as the disparity between (he amount allowed and that
which appears to the coiAmittee to have been due, lead to the in-
ference that they could not have been,) your committee do not
feel justified in presenting a bill for the relief asked for by the pe-
titioner, althoijgh be strongly sclicitcd us so to do by him, in the
belief on his part, that the Logiilaturo would appreciate the jus* ■
tice of his claim, and render him the compensation duo to his &ith-
ful labors.
In view of precedents within which this case seems to come,
your committee have instructed their chairman to ask leave to in-
troduce the following resolution:
Metcloed, That the petition of Zebulon Douglass for compensa-
tion for extra labor on the Erie canal be denied.
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STATE OF NEW-TORK.
No. 149.
IN ASSEMBLY,
February 11, 1835.
REPORT
Of the select committee on the petition of Isuc B.
Bucklin.
Mr. Livingtton, from the select coimnittee to which was refer*
red the pelilion of Iwmc B. Bucklin and oiben, asking for the paa>
sage or a law to incorporate the Weit Troy caoutchaouc manufao*
taring company with a capital not to exceed f300,000,
REPORTED:
That the petitioner! allege that their object! are to manuractur*
" rubber coaling," and " rubber covering," to be used for covering
the mofi of buildings of every description, and for coating and co-
vering nil other exposed surfncct of buildings. And to manufiic-
ture India rubber cloth, and all other articles in which caouldiaotie
or India rubber is an ingredient
Your committee have ascertained that the petitionen arc men
of great ingenuity and respectability; and as your committee be-
lieve the objects nf the petitioners to be laudable, and can be most
effectually promoted by the proposed incorporation, they there*
fore recommend that the prayer of the petitioa be graoted. Tfaey
have prepared a bill, in accordance with tlie prayer of the peti-
UoOf which they now mA. leave to introdoee.
Alt which is respectfully submitted.
£AiMD. No. 149.] 1
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STATE OF NEW-YORK.
No. 151.
m ASSEMBLY,
February II, 1835.
REPORT
Of the Comptroller»on the petition of J<An Hill^ Jen-
ny Hill and Anthony Otsequette.
Comptrolleb's Offmb, (
Albany fVfr. 11, 1885. )
TO THE ASSEMBLY,
The Comptroller, to whom vu referred, by the AsfemUy, tbs
petition of John Hill, Jeony Hill uid Anthony Otiequette, rttpeot^
fully lubmiti the following
The two first named of the petitioners arc entitled to receive,
annually, from the State treasury, during their lives, forty-eifht
dollars; and the last named of the petitioners was originally entH*
tied to receive forty-two dollars. The prayer of the petition i^
that a law may be passed authorizing a payment to the petitioners
of a sum equal to the principal on which these annuities arc found-
ed, in lieu of all annuities hereafter. The petitioners set forth that
they reside at Green Bay, are in great need, and that there is
often delay, and sometimes difEculty in the payment of their an-
nuities.
In the year 1791 , an act was passed for the benefit of Peter Ot-
sequette, as follows, viz:
'* Beit ertactedy fyc. That the Commissioners of the Land-Office
shall, as soon as conveniently may be, cause to be laid oat and
[Assem. No. 151.] 1
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farrejred lor Peter Olnqactte, of the Wolf tribe of the Oneida
nation, a tract of one thouaoinl acres- sf land, &i such a place in
Iho county of Herkimer,, aa tliey may find moBt suitable for the
purpose, adjoining to or near the lands called the Oneida Rescrva'
tioR, and shall caase letters patent to be issued for such tract,
granting the same to the Secretary, the Treasurer and tite Attor-
ncy-Genentl of this State, for the time being, and their succetsora
In. office forever; in trust to permit and suffer the said Peter Olse*
quette, during his natural life, and the issue of his body, dnring
their respective natural lives, as long as there shall be any such
issue remaining, to occupy, improve and enjoy for his and their
own use and benefit, so much of the said tract as the aaid trustees
may from lime to time thinh necessary for that purpose; and in
trust from lime to time to let out and lease to such person or per-
sons, and lipon snch terms and conditions, and for such time, not ex-
ceeding twenty-one years or three lives, as the said trustees may
think proper, all such parts of the said tract of land as may at any
time be unoccupiod or unrmproFved by the said Peter Otsequctte,
or hia issue, and to pay the rents thereof lo the said Peter Otse-
quette during his life; and, after bis denih, to pay the same to the
issue of the body of the said Peter Otsequette, during their respec-
tive natural lives, cqaally to be divided among them, and for and
upon no other use or trust whatsoever."
The, land was leased by the trustees, according to the provi-
sions of this section; and the rents were paid lo Peter Otsequette,
or bis family.
The tract of land reserved for the benefit of Peter Otsequette,
was divided into twenly-ono lots; and, in 1813, the trustees form-
ed three classes by grouping the lots; and fixed the annual reoU
at eight pence per acre upon one class of lots, ten pence upon
another, and twelve pence upon the other; with a condition in
the lease, requiring certain improvements to be made upon the
land. The rents reserved in the leases of 161S, on the whole
tract, amounted to the sum of $\01.19.
In the year 1620, an act was passed (chap. 40 of that year,) bo-
thorieing a release to be executed by Anthony Otsequette, to the
people of the Stato, for one half of the thousand acres which had
been reserved to Peter Otsequette, and on the 29th February 1880,
this release was executed by the Secretary of State, Treasurer
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No. 151.} . S
and Attorney General, the truateea appointed by the act of ll'fll.
In consideration of this release, the State paid SOO dollars at ths
time. Since the execution of iho release, an annnity of $42 has
been paid, annually, to Anthony Otsequette, until 1838.
10,1821, an act was passed (nhap. 118, of that year,) authorising
ft release to be executed by the trustees before referred to, on be>
half of John Hill and Jenny Hill, the children of the daughter of
Peter Otsequette. This release was executed on the 19th of March,
18S1; and since that time, a» annuity of 946 has been paid to these
two persons. The sum of VtOO was also paid from the treasury,
in consideration of this release.
In ISM, an act was passed (chap. SSI of that year,) BOtborisiog
the Commissioners of the Land-Office to sell and convey, in fee
simple, the Otsequette lands to the occupants thereof, on such terms
as the Commissioners should judge equitable and just. Under this
law, the Commissioners passed a resolution to sell th& said lands
to the occupants for such sum as would, at fi per cent, produce an
amount equal to the rent reserved in the leases of 1813. And in
January, 1S30, the several lots were granted to the occupants, or
such as complied with the terms, one-fourlh of the. principal being
paid into the treasury, and bonds being executed for the residue.
The first payments into the treasury, at the rate of computation
established by the Commissioners, amounted to the
sum of.....'. 9439 08
Amount of bonds given for the residue of the pay-
ments, 1,317 30
•1,7M 38
And two lots, of acres each, remain unsold.
In 1833, an act was passed, (chap. 822, of that year,) authorizing
the payment of 9800 to Anthony Otsequette. In the summer of
1833, one third of this appropriation was paid to the Indian «gent,
on a power of attorney from Otsequette. Assuming that the prin-
cipal of his annuity had been, theretofore, 9700, the snm paid was
deducted from this sum, and in 1884, the sum of 93S, or the interest
of WOO, at 6 per cent, was paid as the annuity to Otsequette. In
May, 1834, the sum of 9200 was paid to Eli Savage, on a power
of attorney from Anthony Otsequette, under the law of 1833. This
reduces the principal in the treasery to $400; and the annuity to
which Anthony Otsequette is entitled, to 934.
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4 [ASSSIUI.T
- It ia represeated by Daniel Bread, a Chief of the First Christiu
party, that Oiiequette has had his house burot, and ia in vant of
the moaey petitioned for, to rebuild it: and that John Hill and Jeo-
ay Hill wish to . build a house and bam, and make improvementf
apon their lands, which they will not be able to accomplish unlets
they can obtain the principal money now in the treasury, and which
belongs to them. The Comptroller, as represented in the petition,
has confMlence in Daniel Broad, and believes, if the money wu
eoofided to him, it would be faithfntly applied according to the
wishes of the petitimiers.
If the Legislature should deem it expedient to grant the prayer
of the petitioners, provision should be made in the law for the pa7-
ment of WOO to John Hill and Jenny Hill, md 9400 to Aflthao7
Otsequette.
A. C. FLAGG.
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STATE OF NEW-YORK.
m ASSEMBLY,
February 12, 1835.
REPORT
Of the Commissioners of the Land-Office, on the peti-
tion of Charles McLain.
The CommiisioRers of the Land-Office, on the reference front
the Afscmbly of the potitioo of Cbartca M'Lud, respectfully tab*
tntt the foUowiDg
REPOftT:
The petitioner repreMnli, that he did, on the SOth day of De-
cember, 1833, "article at the Laad-Office of the State of New-
York, for lot No. 10, in the 3d tract of Stale land, ia the town of
Windsor, containing one hundred and three acres and four-tenths,
and became obligated to pay for said lot of land at tl .7S per acre,
in six annual payments; and that he has paid in principal, interest
and cost, 816S.88; that from pecuniary embarrassment, he is una*
biy to make the further payments, and prays to be exonerated from
them; as he has paid, in the estimation of good judges, the fair
value of the land." If this proposition should not meet the favor
«f the Legislature, the petitioner suggests that he moy have return*
ed to him from the treasury, " a part, or ell that lie has hereto-
fore paid on said lot of land," and be allowed to '* return the ar-
ticle for lite same to the Land-OlEce."
Attached to the petition, are the signatures of a great number of
persons, who concur in the statements and prayer of the petitioner.
Four persons also certify, that they have lately sold land in Wind-
sor, as good as the land of the petitiooer, for iizty-one cents per
[Aswm. No. IBS.] 1
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t [Ai
acre; and one person sftrtei that ho owns a part of a Tot in Ran-
dolph township, within a mile and a half of the lot mentioned in
file petition, for which he would take, "^caih down, fifty eenU per
It appears by the books in the ComprolleKs office, that the pe-
titioner purchased. lot No. 18, third tract in Windsor, in 1822, and
gave his bond for $157. At that time, the law reqwired one-eighth
of the pnrchasc money to be paid in advance, being about tS3, and
making a total sum of W80 for the lot. It is now a littie more
than twelve ycarssincethepetitioncrpurchased the lot in question;
and, during that time, ho has paid of principal, •42 9*
And of interest, « *>*
•109 00
Add first payment, ^ W
And it gives a total of 9133 00
Having thus stated the facts of the case, it might be sufficient
for the Commissioners to submit it with the single remark, that
they can see no reason why the State, in its transactions with io*
dividuaU, should make it a practice of exacting a less rigid compli-
ance with ihoir engagements than would bo required by one iadi-
vidnal from another; and that unless this principle is adhered to,
applications to the Legislature lor relief may be expected whenever
U is found advantageous or convenient for an individual to rid him-
self of his obligations to the public.
The petitioner, however, states that he has paid •162.28, and
consequently he must have paid costs to the amount of #30.38.
Whether he has paid this, or any other sum for costs, the Commis-
sioners are usable to say; but if he had been punctual in the psy-
ment of interest annually, or even once in two years, all costs
would have been avoided. The principal is not exacted where the
interest is kept up, although the terms of the bond require it to be
paid in six annual instalments. In twelve years, the petitioner hu
paid on the principal, ton dollars less than the amount of two io-
stahnonls.
There are, however, numcrou!. precedents in favor of graotiD;
relief from' a hard bargain with the State; and, although the pe-
titioner has not set them forth in bis memorial, the CommissioMH
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No. iOSt.] «
of the Land-OfGce will, for the purpose of givtog his application
all the bei]u6t which can be derived from them, cite a few of the
cases where the Legislat Aa hare reduced Iho prices of lands which
bad been sold, or have allowed the purchasers to surrender their
" articles," and have their bonds canoelled.
In 1834, the purchasers of lands in the villages of East and
West Oswego, obtained a law, (chap. 363 of that year,) authorizing
a re-estimate of the lots purchased, excluding the imjirovement*
made by the purchasers, aod a settlement of the accounts accord-
ing to the re-estimate.
The same privileges were extended to the purchasers of village
lots in Lewiston, Niagara county, by the same act
In 1S33, an act was passed, (chap. SS, of that year,) for the re-
lief of the purchasers of village lots in Oneida Castlcton, which al-
lowed them to be discharged from their bids, and take the lots at
the appraised value in 1617.
In 1831, an act was passed, (chap. 88,) for the further relief of
the Oueida Castleton purchasers, requiring the Commissioners of
the Land-Office to cause a re-appraisement of the lots to be made,
and directing the Comptroller to credit the purchasers with the
difference between the appraisal of 1817, and the appraisal to be
made under the act of 1834. _^
The extent of the relief given to the purchasers of lots at Oneida
Castleton, is shewn by the following table, in which are given, in
corresponding columns, the appraised value of several of these lots
in 1817, the sums bid by the purchasers, and the appraised value
of the lots in 1884, viz:
1817. 1817. 1884.
Lots tlSO tSlS 950
" 7 150 841 * 60
" 8 150 876 85
Block 13. 7, .: ISO 368 40
" 8, 180 371 40
'*. 18,3, 100 345 SO
Total tSlO •1.900 9375
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The tint act relieved the purchasers of the six lots refcTred to,
to the amount of oonrljr 91,000, sod the^cond act, to an amount
of more than 8500 : The whole deduction on the six lots being
•1,S2S.
Tho petitioner, Charles M'Laio, according to this precedent,
might claim to have a patent of his land, and about 960 refondcd
to him : Although on the treasury hooka, he is indebted to the
State in the sum of 9134.64.
Having given the condition of the petitioner'a accounts with the
State, and ihc precedents which have a bearing upon his case, the
Commissioners respectfully submit the question of granting relief
to the wisdom of the Legislature. They deem it, however, not
improper to say, that the statements of interested individuals, un-
supported by legal evidence, do not furnish very safe groundi for
surrendering any portion of the debts or other property bcloDgiog
to the State.
Respectfully submitted.
A. C. FLAGG, ComptroUtr.
JOHNA. DIX, Secretary of State.
GREENE C. BRON&ON, ^ti'y Gen'l
WILUAM CAMPRELL, Siin'r Ge»%
AStany, February 11, 1835.
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STATE OF NEW-YORK.
IN ASSEMBLY,
February IS, l^Sd3.
REPORT
Of the Gommittee on grieTftnces upon the petition of
James Mitchell for relief.
Mr. Adams, from the committee on grievances, to irhi<A vaa
referred the petition of Jamca Mitchell, aakins for relief oa account
of the loM of his eye sight, occasioned by being blown up while
engaged in blasting rode at Lockport, as a laborer on the 'Erie
caoal,
REPORTED:
The petitioner represents that on the twenteth day of July, 1838,
wbilst engaged in blasting as a common laborer, tn the village of
Lockport, on the Eric canal, he was by an unexpected eKplosiOn
of the powder, blown op about ten feet high, by nrteans of which
he entirely lost his eye sight; that be it poor and incapable of
maintaining himself, and is therefore compelled to rely upon the
benevolence of the community for his maintenance.
To the peiition is appended a certificate of sundry iiihabitaoii,
certifying that they are acquainted with the facts stated in the pe-
tition, and that they join in the prayer of the petitioner.
If the facts staled and certified to be true, they prove but one of
the many casualties incident to human liie, and furnish evidences
which excite strong feelings of commisseration for the suffiirer;
bat your committee feel not at liberty to permit those lejlings to
iafloeace their action in the discharge of their official duties ; if the
[Assem. No. 158.] 1
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wmfuiluae iMa reiMfered it necmur that tba petitiooer iboald re-
■ort to the puUie bounty for ■uteneiiee, your conuutlee are of
the opioioD that proTiiion ia made by existing iawi for relief in
each casei, and that to beatow the public bounty upon iadiTidnab
in individual caaea, it not contemplated by the eiiating regoIatioBi,
wonld work more favorabTy to some than to others, and is naai-
festly inexpedient
Your committee have tharofon dkected their cbainnaa to oSer
the following resolution:
Reaelred, That the prayer of the petitioner ba deBied, and that
bt have leave to withdrawn his petition.
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STATE OF NEW- YORK.
No. U4.
IN ASSEMBLY,
February 13, 1835.
REPORT
Of the e<Hnmittee on claims upon the petition of John
B. Herrishoff and others.
Mr. M> U. Sibley, from the committee on cliinu, to whom ww
referred the petiUoo of John B. Herrishoff, agent of John Brown,
FnuKif end Sereh Herrishoff,
REPORTED:
Thtt the &ett and •tatemeata contained in the petition, are oor-
rectly embodied in the Comptroller's report to this Honae, made oa
the 37 January last, whidi will be found in Docuntent No. BO, and
to which your committee pray leave to refer. No other erideDce
of the extent and cause of the grievance complained of has been
presented to your committee, than what is stated in that docu-
ment, and from that your committee is satisfied that the petition-
ers have no just, cause of complaint, and that the case does not oall
for any legislative action.
They have tiierefore, instmeted their diairman to ask Um to
intreduce the following resolution:
Resolved, That the petition of John B. Herrishol^ as agent of
John Brown, Francis and Sarah Herrishofl^ be denied.
[Aasem. No. IM.] 1
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STATE OF NEW-YOML
IN ASSJESMIBLY,
ANNUAL REPORT
or FhUo IatHsi -all Inspector of Beef and Pork in
and for the city and couhtjr of Nbir-t^-
TO THE LEGISLATURE OP THE STATE OF NEW-
YORK. . •
Ab aeeoant <tf proTisioDt intpected by ^iSo LewH in the eity
mnd eoonty <^ Kew-Ynl, from-lat mooth Itt, 18S4, to 1st month
lit, 18SS, u follows:
1 ,929 bu-rels clear porkt
0,S88 bamb meti porfc,
1,103 bbli. thin side porfc,
11,419 bbU. piimB poric,
46 bbU. cargo pork,
ST bbls. soft mess pork,
71 bbls. toft prime pork,
1 bbl. meaily mess pork,
8 bbls. measly prime pork.
Ml bbls. refuse pork,
1S8 half bbls. mess pork,
78 half bbls. thin tide poi^
3B1 half bbls. prine pork,
706 bbls. mess beef|
8,883 bbls. prinM beel^
113 Wis. cargo beef,
78 bbls. refuse beef.
[Assem. No. IftK.)
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S1,3M buidapoiL
*U kalf UmUpoA,
4,ST8 burek beef.
Avtnf* nln of poik in bbU. rappowil to amount to 4941,978 SO
" ia half bwrals,'" •-•••• l,ffTI 90
" baefinbamla, n,7T4 OO
Faea, ka. for iaapactiag »,4M tMM. and 410 halt
barnK aoHuit to t,8«.70
«m,onn
1 am, with dua raapeet,
raiLO LEWIS,
Mm-Ttrt, Utwm.»H, ISW.
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STATE OF NEW-YORK.
IN ASSEMBLY,
January 37, 1836.
ANNUAL REPORT
Of Ricliaid McCarty* Inspector of Flour in ukd lor .
the city of Nev.Tork snd Kings county.
TO THE LEGISLATURE OF THE STATE OF MEW-
YORK.
Report of floor and meol ioipectcd in tlw city of Now- York,
and in King! county, from Ist January, 1884, to Slat Fobraaryi
18S4, by Richard McCarty, Inipector.
Viz., in tha city of New- York,
IS,8S6 barrel! eoperfine flour, average value per bbL,
... M 76
330 half bbli. "
... > 08
MM bbli. floe floor,
... 6 37J
l.OM bbiL bad flour.
... 4 00
89 bblL fine middlinga.
... 6 00
SSO bbli. midlingi.
... 4 60
ai4 ihip ituSk,
... 4 80
360 rye flaat^
... 3 76
871 bhda. Indian meal,
*
... 17 00
1,678 bbia " " .
... 8 76
RECAPITULATION.
38,718 banele wheat Boui,
330 half bbia "
S60 barrel! rye flour.
871 hhdi. Indian neal,
1,678 bbb.
[AaMm. No. 168.] 1
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Fmi for impeeting 38,8a» bbfa. end t twrreb. «t 1 cent, •888 »
•* 091 hhdLst 4cMto, . M H
•415 S»
¥ud C. P. Ttppw. SX. kriikailiol^ I. J. HEeks, mni J. B.
Oakly, dspatyintptfcton....... t^SO W
Paid Cur Uboiei*^... 3S0 00
Paid for rent to J. RusmI, Wcftervelt & Bogerti, and S.
WilliU, , M 88
Paid Martialt Booth for braDd«,«8,CoK for coal, M .88, IS 8S
•»a 64
Total vtim, «f flour ml meat inspfcted m NeTf-Yotk from Isi
Janoarj. 1^34, to 2Iit February, ]SS4, $235,893.00
Inspected in Kiogi county front lit Jan. to Slat Feb. I8M, by
Thome Carpenter, deputy to R. McCarty, 584 barrels tupcT^ne
floor; feet 3 afs.j>erk)M-rt], wbicb be r«o«vedfor iupaotiag Ae
saaie.
KICH'D MeCARTT.
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