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BY AUTHORSi

NEW YORK?
D.APPLETON £C?and WILEY A PUTNAM!

BOSTON?
GOULD, KENDALL & LINCOLN.

ALBANY/,
THURLOW WEED PRINTER TO THE STATE,

1842

The copy right of this work is secured for the benefit of the People of the State of New-York.

SAMUEL YOUNG.

Secretary of State.
Albany, 1842.

ORDER OF THE WORK.

GENERAL INTRODUCTION

FABI I.

ZOOLOGY;

BY JAMES E. DE KAY.

PART II.

BOTANY;

BY JOHN TORREY.

PAST III.

MINERALOGY;

BY LEWIS C. BECK.

PARTS IT. & V.

GEOLOGY AND PALEONTOLOGY;

BY WILLIAM W. MATHER, EBENEZER EMMONS, LARDNER VANUXEM

AND JAMES HALL.

INTRODUCTION.

New- York is situated between 40° 30' and 45° of north latitude, and between
5° 5' of east and 2° 55' of west longitude from the city of Washington. The
state includes an area of 46,200 square miles, divided into fifty-nine counties, and
subdivided into nine cities, eight hundred and thirty-five towns, and one hundred
and forty-five incorporated villages ; and contains 2,428,921 inhabitants ; of whom
2,378,890 are free white persons, 50,027 are free colored persons, and four are
colored slaves.* The government is a representative republic, with a written con-
stitution, which was framed by a convention in 1821, and approved by the people in
a popular election in 1822. The few remaining descendants of the aborigines
ai*e neither enumerated, nor admitted to citizenship. Persons of African descent,
possessing freeholds worth two hundred and fifty dollars, enjoy the right of suf-
frage. Aliens are excluded until they become naturalized according to the laws
of congress, after five years' residence in the United States. All male citizens
who have attained the age of twenty-one years, and resided in the state one year,

* U. S. census, 1840.

Intr. 1

jljlo^

I INTRODUCTION.

vote for all officers elected by the people, and may be chosen or appointed to
places of trust or profit ; but the governor must be a native citizen of the United
States, and a freeholder, aged not less than thirty years, and must have been an
inhabitant of this state five years previously to his election, unless absent on public
business ; and only freeholders can be elected senators. Elections are conducted
by ballot. The constitution guarantees the franchises of citizenship to every
member of the state, unless he be deprived of them by the law of the land or
the judgment of his peers. Among those franchises are trial by jury, the writ of
habeas corpus, liberty of speech and of the press, and free enjoyment of religious
profession and worship. The government can make no discrimination or pre-
ference of religion, nor any provision for an ecclesiastical establishment, and the
clergy are excluded from civil functions. A militia composed only of citizens
who are enrolled, and required to appear under arms twice in each year, con-
stitutes the only force within the state, relied on for public defence or mainte-
nance of the civil authorities ; but the constitution of the United States guarantees
to the state security against invasion and domestic insurrection. There are four
departments of the government: the legislative, executive, administrative and
judicial. The legislative power is absolute, except as restricted by the federal
and state constitutions. A senate and an assembly constitute the legislature.
The senate is composed of thirty-two members, who are elected by the people
in eight equal senatorial districts, and remain in office four years. One senator
is annually elected in each district. The assembly consists of one hundred and
twenty-eight members, who are elected by the people in counties, each of which
is represented in proportion to its population. The lieutenant-governor, elected
by the people, presides and has only a casting vote in the senate. A speaker
freely elected by the assembly presides in that body. Bills originate in either
house, and become laws when passed by both houses and approved by the gover-
nor, or when they receive the votes of two-thirds of the members present not-
withstanding the executive veto. Laws to create or alter corporations require
the assent of two-thirds of all the members elected in each house.

INTRODUCTION.

The governor constitutes the executive department, is biennially elected by
the people, is commander-in-chief of the militia and admiral of the navy, and is
charged with the execution of the laws. He annually communicates to the legis-
lature the condition of the state, and recommends such measures as he deems
expedient. He is invested with power to pardon in all cases whatsoever, except
treason, and may suspend the execution of persons convicted of that crime until
the pleasure of the legislature shall be made known. In case of his death, absence
or incapacity, the executive functions devolve upon the lieutenant-governor. The
administrative department is intrusted with the fiscal interests of the state, and is
divided among a secretary of state, comptroller, treasurer, surveyor-general, attor-
ney-general, commissary-general, commissioners of the canal fund, commissioners
of the land-office, and canal commissioners ; each of whom, by virtue of the consti-
tution or laws, is appointed by the legislature without the interposition of the execu-
tive authority. There is a court for the trial of impeachments and the correction
of errors, which is composed of the lieutenant-governor, senators, chancellor, and
the justices of the supreme, court. Articles of impeachment may be preferred by
the assembly against the governor and all administrative and judicial officers, and
the votes of two-thirds of the members of the court for the trial of impeachments
are necessary to a conviction. The court may remove the party convicted from
office. The same court reviews the judgments and decrees of the supreme court
and the court of chancery. The supreme court is a court of law, having jurisdic-
tion in civil and criminal cases ; and consists of three justices, each of whom holds
his office until he attains the age of sixty years. Issues of fact are tried by jury
before circuit judges who hold circuit courts, and by the county courts ; and such
issues in criminal cases are tried by jury in courts of oyer and terminer and general
sessions in the several counties. The supreme court reviews the judgments of all
inferior legal tribunals. County courts of common pleas and general sessions are
held by local judges, who hold their offices five years, and review the proceedings
in justices' courts. There are four justices of the peace in each town ; they are
elected by the people, and hold their offices four years, and have jurisdiction in

4 INTRODUCTION.

civil cases, and in litigated cases may render judgments not exceeding one
hundred dollars. Three justices constitute a court of special sessions for the trial
of small offences. Equity is administered by a chancellor and by nine subordinate
vice-chancellors, of whom six are also circuit judges. The chancellor and circuit
judges respectively hold their offices until the age of sixty years. All judicial
officers, except justices of the peace in towns, are nominated by the governor,
and appointed by him with the advice and consent of the senate. He also ap-
points in like manner major-generals, inspectors of brigades, and officers of the
general staff of the militia, except the commissary-general. The constitution
may be amended ; and for that purpose a resolution must be passed by a majority
of the legislature at one session, and at a succeeding session by the votes of two-
thirds of all the members elected, and be approved at the next general election
by a majority of the people. The present constitution was established in the
place of one which had been adopted in 1777.

The Bay of New- York is supposed to have been visited by Verazzani, under
the patronage of Francis I. of France, in 1584.* In 1609, Champlain, a mariner
in the French service, exjilored the northern waters,f and Hendrick Hudson,
under a commission from the States General of the Netherlands, ascended the
river whose name so justly commemorates the enterprise of that navigator.J
The settlement of the southern portion of the state, under the name of New-
Netherlands, was commenced in the subsequent year. The colony submitted
to the English in 1664,§ and was regained by the Netherlands in 1673,|| but was
relinquished to England by the treaty of Westminster in the succeeding year,
and remained a province of the British empire until the thirteen united British
colonies became an independent confederacy of states in 1776. During the
Dutch supremacy, the province was a mercantile possession of the Dutch East
India Company. Under the English, it was by royal charter a manor belonging
to the Duke of York. In 1683, the discontent of the colonists induced the con-

* Bancroft. t Id. j Id. § Id. II Id.

INTRODUCTION. 5

sent of the proprietor to the institution of a representative assembly.* After
that period, restricted legislative powers were vested in the governor and council
" and the people met in general assembly."

Although the States General of the Netherlands were at the zenith of com-
mercial power, and learning and the arts were cherished in that country, when
the colony was planted, its inhabitants seem not to have been distinguished by
intellectual acquirements ;f and although the conquest occurred at a time when
the English people had attained even an higher supremacy in literature than in
arms, yet that event seems not to have resulted in an improvement of the con-
dition of society.J Knowledge dawned upon the colony about the year 1754,§
but was obscured during the civil commotions which a little more than twenty
years afterwards resulted in its political independence.

Columbia College was established by royal charter, under the name of King's
College, in 1754, under the care of doctor Samuel Johnson of Connecticut, as
president. The governors of the college were the archbishop of Canterbury,
the first lord commissioner for trade and plantations, the lieutenant-governor of
the province, and several other public officers, together with the rector of Trinity
Church, the senior minister of the Reformed Protestant Dutch Church, the
ministers of the German Lutheran Church, of the French Church and of the
Presbyterian Church, the president of the college, and twenty-four of the prin-
cipal gentlemen of the city. The college was endowed with funds derived from
lotteries, and voluntary contributions of private individuals in this country, and in
England and France. Dr. Johnson was succeeded as president in 1763, by the
reverend Miles Cooper, D.D. of Oxford. He, in 1767, acknowledged that the
institution had recently received great emoluments from his majesty king George
III., from liberal contributions by many of the nobility and gentry in the parent
country, from the Society for the propagation of the Gospel in foreign parts, and
from several public spirited gentlemen in America and elsewhere. He gave also

* Bancroft. t Clinton, Introductory Discourse. } Id. # Ib.

INTRODUCTION.

this account of the success of the institution : " That the governors of the college
had been enabled to extend its plan of education almost as diffusely as that of
any college in Europe ; there being taught therein divinity, national law, physic,
logic, ethics, metaphysics, mathematics, natural philosophy, astronomy, geography,
history, chronology, rhetoric ; the Hebrew, Greek, Latin and modern languages ;
the belles-lettres, and whatever else of literature may tend to accomplish the
pupils both as scholars and gentlemen." At the commencement of the revolu-
tion, the presidency devolved upon the right reverend Benjamin Moore, bishop
of the Protestant Episcopal Church ; and the chair has since been filled by Wil-
liam Samuel Johnson, doctor Wharton, William Harris and William A. Duer.*
The fair beginning of education in the colony was arrested by the revolutionary
war ; and the college was not reorganized until 1787, when, under the immediate
superintendence of the newly created regents of the university, the institution
assumed the name of Columbia College, and its charter, with some necessary
alterations, was confirmed.f

Education was recognized as among the proper responsibilities of the govern-
ment in 1784, by an act " erecting an university within this state." What
appears to have been chiefly intended by this act, was to convert King's, now
Columbia College, into a state university. The principal officers of the state
were made, ex-officio, regents, and twenty-four other persons were appointed,
and it was provided that each religious denomination in the state might appoint
one of its clergy to be a regent. The regents were empowered to establish
colleges and schools, which should be considered as parts of the university. This
law was amended in November of the same year, and was revised in 1787. The
provision authorizing the clergy to appoint a regent proved impracticable, and
was repealed. The constitution of the university is at present substantially such
as it was made by this last revision.

Among the many distinguished patrons of learning who have held seats in the

* Historical sketch of Columbia College, 1836. t Laws of New-York, 1784.

INTRODUCTION. 7

board of regents, may be named George Clinton, John Jay, Morgan Lewis, Daniel
D. Tompkins, De Witt Clinton, Joseph C. Yates, Martin Van Buren, Enos T.
Throop and William L. Marcy, former governors of the state ; Pierre Van Cort-
landt, Stephen Van Rensselaer, Jeremiah Van Rensselaer, John Broome, John
Tayler, Erastus Root, James Tallmadge, Nathaniel Pitcher, Edward P. Livingston
and John Tracy, former lieutenant-governors ; Egbert Benson, Philip Schuyler,
Ezra L'Hommedieu, Lewis Morris, Matthew Clarkson, Benjamin Moore, Eilar-
dus Westerlo, Baron de Steuben, Gulian Verplanck, Zephaniah Piatt, James
Watson, Abraham Van Vechten, Simeon De Witt, James Kent, Henry Rutgers,
Ambrose Spencer, Peter Gansevoort, Solomon Southwick, Smith Thompson,
John Woodworth, John Lansing junior, Samuel Young, Nathan Williams, William
A. Duer, Harmanus Bleecker, Samuel A. Talcott, Peter B. Porter, Robert Troup,
Jesse Buel, Benjamin F. Butler, John Sudam, John P. Cushman and Washington
Irving. The present regents are the governor; Luther Bradish, lieutenant-
governor ; Samuel Young, the secretary of state ; Elisha Jenkins, James Thomp-
son, Peter Wendell, John Greig, Gulian C. Verplanck, Gerrit Y. Lansing, John
K. Paige, John A.'Dix, William Campbell, Erastus Corning, Prosper M. Wetmore,
James McKown, John L. Graham, Amasa J. Parker, John McLean, Joseph Rus-
sell, John C. Spencer, Gideon Hawley and David Buel.

Union College at Schenectady was established by the regents in 1795, after
striking out a provision in the plan submitted, which declared that a majority of
the trustees of the college should not, at any time, be composed of persons of the
same religious sect or denomination.* The charter contained the singular pro-
vision that the clear annual value of the real property of the institution should not
exceed thirteen thousand three hundred and thirty-three dollars ; and declared that
the trustees should not exclude any person on account of his particular tenets or
religion, from admission into the college. In 1797, the trustees of the college, as
appears from the report of the condition of the institution, gave instruction con-

* Proceedings of the Regents of the University.

8 INTRODUCTION.

cerning the constitution of the United States, and the several state constitutions,
and proposed to substitute tuition in the French language for the Greek. In
1828, the trustees of the college reported that they had prescribed two distinct
courses, the one embracing such classical studies as were usually pursued ; and
the other called the scientific course, substituting modern in the place of ancient
languages, and including instruction in mathematics, anatomy, physiology, law,
etc. Similar arrangements were about the same time made in the other collegi-
ate institutions, but the classical course has nevertheless continued to be the chief
form of instruction in these seminaries. The first president of Union College
was the reverend John B. Smith, D.D. He was succeeded in 1799 by the reve-
rend Jonathan Edwards, D.D., who died in 1801 ; when the reverend Jonathan
Maxcy, D.D. was appointed, who retained the place until 1804. In that year
the reverend Eliphalet Nott, L.L.D., succeeded to that office, which he yet retains.
Among the patrons of this institution were Robert Yates, Abraham Ten Broeck,
John Glenn, Stephen Van Rensselaer, Henry Walton, Joseph C. Yates, John Fry,
Jonas Piatt, Stephen N. Bayard, Theodore Romeyn, John V. Henry, Philip Van
Rensselaer, Guert Van Schoonhoven, James Emott, James Duane, Samuel Blatch-
ford, Jonas Coe, William James and Henry Yates.

Hamilton College, at Clinton, was founded by the regents of the university in
1812, under the care of the reverend Asahel Backus, D.D. as president. His
successors have been the reverend Henry Davis, D.D., 1817; the reverend Se-
reno E. Dwight, D.D., 1833 ; the reverend Joseph Penny, D.D., 1835 ; and the
reverend Simeon A. North, A.M., who assumed that office in 1839. Among the
names of the distinguished patrons of the college are those of Simon Newton
Dexter and William H. Maynard.

Geneva college was incorporated in 1825. Its first president was the reverend
Jasper Adams, D.D. He was succeeded by the reverend Richard Sharp Mason
in 1830 ; upon whose resignation in 1835 the reverend Benjamin Hale, D.D.,
was appointed to that office. Among the prominent patrons of the institution
have been James Reese, Herman H. Bogart, William L. Dezang, John C. Spen-

INTRODUCTION. 9

cer, Abraham Dox, Francis Dvvight, Bowen Whiting, David Hudson, Thomas D.
Burrill, James Carter, Elijah Miller, Jesse Clarke, John C. Rudd, George Hos-
mer, David E. Evans, Joseph Fellows, Jonathan Childs, Abraham M. Schermer-
horn, Samuel Clark, the right reverend B. T. Onderdonk and the right reverend
William H. De Lancey.

The University of the city of New- York was established in 1830, under the
care of the reverend J. M. Matthews, D.D. as its chancellor. The success and
usefulness of the institution were for several years impaired by internal contro-
versies which were not terminated until 1839, and by pecuniary embarrassments.
Doctor Matthews having resigned, Theodore Frelinghuysen, L.L.D. was appoint-
ed his successor, and yet remains chancellor of the institution.

All these institutions have received liberal endowments from the state, and they
educate annually about six hundred and fifty jjupils. The colleges give instruc-
tion in moral, intellectual and political philosophy ; in the Hebrew, Greek, Latin
and modern languages and literature ; in natural and experimental philosophy
and chemistry ; in mathematics, analytical mechanics and physical astronomy ; in
law, civil polity and history, and political economy.*

Clinton Academy in Suffolk county, and Erasmus Hall Academy in Kings
county, incorporated in 1787, were the first academical institutions established by
the regents of the university. Farmers' Hall Academy in Orange county, and

* Complaints are often made that the standard of university education has been lowered since its introduction among
us ; yet it cannot be admitted as in any sense true, that the amount of knowledge communicated is less now than at any
former period. On the contrary, the assiduity of both instructors and pupils, as well as the facility of instruction, have
been continually increased. The change which has taken place consists in a diminution of classical learning and of
mental science and logic, and, perhaps, of moral and political science, and a substitution of more extensive instruction in
physical science and practical mathematics. This change has resulted from the operation of our social system. Colle-
giate education, instead of being reserved for the few, who, favored by fortune, might desire to prosecute recondite and
classical studies during and after their course, and to enter at leisure upon the duties of active life, or refrain from them
altogether, is now attainable by persons in almost every class, and is sought not so much for the sake of knowledge itself,
as because it is among the means of preparation to enter the professional pursuits. Perhaps, therefore, our system of col-
legiate education produces proportionably a smaller number of finished scholars, while it secures to the country a larger
body of usefid citizens. Nevertheless beneficent as the general flow of knowledge is, those who have the care of its foun-
tains deserve well of the country for every effort to preserve them full of pure learning. The labors of the Rev. Dr. Hale,
president of Geneva College, and his associates ; . of the Reverend Dr. Alonzo Potter of Union College, and generally of
the faculty and trustees of Columbia College, in this respect, merit especial commendation.

Intr. 2

10 INTRODUCTION.

North Salem Academy in Westchester, were established in 1790. Montgomery
Academy, then in Ulster but now in Orange county, was incorporated in 1791.
Dutchess Academy at Poughkeepsie, and Union Hall in dueens county, received
their charters in 1792. In 1820, the number of academies subject to the visitation
of the regents had risen to 30 ; in 1830, to 55 ; in 1841, to 127 ; and the number
at this time is 131. In 1820, the number of pupils in all the academic institutions
was 2,218 ; in 1830, 3,735 ; in 1840, 10,881 ; and the present number is 11,306.*
The income of the public literature fund distributed to the several academies in
1820, was two thousand five hundred dollars, being in the proportion of three
dollars and ninety three cents to each pupil pursuing classical studies ; in 1830, it
was ten thousand dollars, or five dollars to every such pupil ; and the amount now
annually distributed is forty thousand dollars, being about three dollars and
seventy-eight cents for every such pupil.f

No especial public patronage was bestowed upon female education until 1821,
when the legislature incorporated the Albany Female Academy, and conferred
upon it a donation of one thousand dollars. A law of 1827, increasing the litera-
ture fund and extending to scholars in the higher branches of English education
the advantages before enjoyed exclusively by those pursuing classical studies,
resulted in admitting to a participation in the benefits of that fund, institutions
devoted either entirely or in part to the education of females. The number of
female pupils who, at the time that law was passed, enjoyed the benefits of aca-
demic instruction under the sanction of the regents, was one hundred and fifteen ;
the number at the present time is fifteen hundred and seventy. Institutions ex-
clusively devoted to female education, and subject to the visitation of the regents,
have been founded in Albany, Canandaigua, Poughkeepsie, Troy, Schenectady,
Utica, Batavia, Rochester, New- York, Auburn, Le Roy, Fulton and Albion. In
these institutions, instruction is given in arithmetic, algebra, botany, Biblical anti-

* Minutes of the Regents of the University.

t Notes concerning colleges anj academics were received from Gideon Hawley, L.L.D.

INTRODUCTION. 1 1

quities, callisthenics, chemistry, composition, conic sections, criticism, drawing,
embroidery, ecclesiastical history, the French language, geography, geology, his-
tory, logic, music, mechanics, mineralogy, natural history, natural philosophy,
moral and intellectual philosophy, jjainting, rhetoric and technology.

For the -impulse which the public mind has received in favor of female educa-
tion, it is only just to acknowledge obligations to Mrs. Emma Willard of Troy,
the founder of the first successful institution on a scale commensurate with the
importance of the object ; and to James Kent, John N. Campbell and their asso-
ciates, the founders and patrons of a similar institution at the capital* It is also
due to the conductors and patrons of the female academies, to acknowledge, that
with far less pretension and more limited public aid than our colleges, they are
successful in maintaining a high standard of pure education ; and that their pupils
exhibit proficiency and acquirements comparing favorably with the best results of
collegiate education. The female academies have very careful public examina-
tions and annual celebrations, in which essays written by pupils are read by per-
sons appointed for that purpose, and medals and other testimonials of merit are
awarded. The benign influences of these institutions are already observable in
the more frequent employment of women as instructors of youth, in the increasing
respect which the sex receives, and in the greater refinement of society.

The tendency, however, of a popular government, is to favor rather the
diffusion of general knowledge, and that which is immediately useful, than the
advancement of pure science, and the cultivation of liberal and ornamental arts.

In a community where each individual shares the responsibilities of govern-
ment, there is an obvious necessity for universal education. This principle may
be discerned in the earliest legislation at the close of the revolution. In 1789,
two lots were set apart in each township of public lands, to constitute a local
fund for the support of religious instruction and popular education. The regents
of the university, in 1793, submitted to the legislature the importance of " insti-

» Notes concerning female education were furnished by A. Crittenton, Principal of the Albany Female Academy.

12 INTRODUCTION.

tuting schools for the purpose of instructing children in the lower branches of edu-
cation." The recommendation was renewed in 1795, with the sanction of George
Clinton, then governor. The legislature in the same year appropriated twenty
thousand pounds ($50,000) annually for five years, out of the public revenue, to
encourage and maintain, in the several cities and towns, schools, in which the
children of the inhabitants residing in the state should " be instructed in the
English language, or be taught English grammar, arithmetic, mathematics, and
such other branches of knowledge as are most useful and necessary to complete
a good English education." The boards of supervisors were required to raise
by tax in each town, a sum equal to one-half of its proportion of the moneys
appropriated by the state ; and commissioners and trustees were directed to be
appointed, and required to make annual reports to the secretary of state.

The returns made in 1798, showed that 1,352 schools had been established,
and 59,660 children had been instructed therein in sixteen of the twenty-three
counties into which the state was then divided. Mr. Comstock, a representative
from Saratoga in the assembly of 1800, made an unsuccessful motion that the
then expiring law of 1795 should be continued. The law therefore was suffered
to expire ; and notwithstanding the earnest and repeated representations of gover-
nor Clinton, the legislature omitted to adopt any measure for the reestablishment
of common schools until 1805, when a law was passed, declaring that the nett
proceeds of five hundred thousand acres of public lands should be devoted to the
creation of a permanent fund for the support of common schools. The act
directed that the lands should be sold, and the moneys derived therefrom loaned
and suffered to accumulate, until the interest arising thereon should amount to
fifty thousand dollars annually ; after which period, the annual interest should be
distributed for the support of common schools. The measure received important
aid from the recommendation of Morgan Lewis, who then filled the executive
chair. The fund thus established produced an income in 1810 of twenty-six
thousand dollars ; and Daniel D. Tompkins, then governor, in two successive
annual speeches, urged the importance of an immediate organization of the com-

INTRODUCTION. 13

mon schools. A law was passed in 1811, authorizing the governor to appoint
commissioners to devise a system for that purpose. Jedediah Peck, John Murray
junior, Samuel Russell, Roger Skinner and Robert Macomb were appointed such
commissioners ; and in 1812, they submitted to the legislature a report, which
was adopted, and is the basis of the existing system of common schools.

The fund was increased in 1819, by various appropriations, which raised its
productive capital to about $1,200,000. The new constitution, adopted in 1821,
not only declared the school fund to be inviolable, and guaranteed its perpetual
application, but added to it all the unappropriated public lands. Forty thousand
dollars were added to the fund in 1824 ; and in 1827, other appropriations were
made to the amount of about $180,000* In 1838, an annual appropriation of
$110,000 was added to the income of the fund, and the principal was also con-
siderably augmented. The invested and productive capital of that fund is now
$2,036,625. The sum annually distributed from the state treasury in support
of common schools, is $261,000. Adding to the principal the unsold lands,
valued at $200,000 and principal moneys sufficient to yield an interest equal
to the amount annually appropriated from the treasury, beyond the income of the
invested and productive capital, the entire capital would be $5,820,000. The
whole capital permanently invested for the support of education in colleges, acade-
mies and common schools, including all endowments, contributions from the trea-
sury, and moneys derived from taxation in the school districts, is $10,500, OOO.f

The chief features of the common school system, are the annual election of
commissioners of common schools by the people in the several towns ; the divi-
sion of towns by the school commissioners, into school districts ; the election of
trustees in such school districts, by the inhabitants thereof; the erection and
maintenance of a school house in each district, with funds derived from the tax
levied upon the inhabitants by the trustees, in pursuance of a resolution passed
at an annual meeting of the inhabitants ; the employment of teachers whose qua-

* Report of A, C. Flaog, superintendent of common schools, t Governor's message, 1842.

14 INTRODUCTION.

lifications are approved by inspectors elected by tbe people ; a contribution by
means of taxation in each school district, of a sum equal to that apportioned to
the district out of the public funds ; the supplying of any deficiency in the funds
necessary for the support of the schools, by the charging of tuition fees upon
such parents and guardians as are of sufficient ability ; the exemption of the poor
from all charges for tuition fees ; the maintenance of a school in each district, not
less than four months in each year ; the visitation and examination of schools by
the inspectors, and by a deputy superintendent of common schools for the county,
the latter officer being appointed by the supervisors ; and a supervision and care
of the entire school system of the state, by the secretary of state, who is superin-
tendent of common schools, and to whom annual reports of the condition, progress
and statistics of each school district are made by the trustees thereof; the main-
tenance of schools wherever necessary for the education of children of African
descent ; the maintenance of normal schools in the most flourishing academical
institutions, for the instruction of teachers of both sexes ; the publication and dis-
tribution to each school of a periodical journal, exclusively devoted to the cause
of education and not of a sectarian or party character, and in which are published
the laws of the state, the regulations established by the superintendent, and his
decisions upon questions affecting the organization, administration and govern-
ment of the schools ; and a comprehensive annual report to the legislature by the
superintendent, of the condition of the schools throughout the state.*

The whole number of school districts in the state is 10,886, in which schools
are maintained during an average period of eight months in each year. The
number of children instructed is 603,583. The whole amount of money expended
for the payment of wages of teachers is $1,043,000 ; of which $560,000 are public
money, and the remainder is contributed by individuals^

It is apparent that the efficiency of the public school system must depend
in a great measure upon the ability, zeal, and efficiency of the siqjerintendent of

• Laws of New-York, 1841. t Annual report of S. S. Randall, deputy superintendent of common schools, 1842.

INTRODUCTION. 15

common schools. That office was filled in 1813 by the appointment of Gideon
Hawley, who gave place in 1821 to Welcome Esleeck. Mr. Esleeck held the
office only a few months ; it then devolved upon John Van Ness Yates, who
retired in 1826, when Azariah C. Flagg succeeded to that trust, and retained the
same until 1833. Mr. Flagg was succeeded by John A. Dix, who gave place in
1839 to John C. Spencer. Mr. Spencer retired in 1842, and the place is now
filled by Samuel Young. To Gideon Hawley is justly ascribed the merit of
organizing the system, and bringing it into successful operation ; to John Van
Ness Yates, that of an assiduous and enlightened administration ; to John A. Dix,
that of codifying and interpreting upon fixed and enlightened principles the vast
body of school laws ; and to Azariah C. Flagg and John C. Spencer, high praise
is awarded for earnest and well-directed efforts to remove obstacles which pre-
vented the system from becoming such as its founders originally proposed it
should be : an uniform plan of universal education, as well as in the cities in
the country. The latter gentleman, during his occupancy of the office, induced
the legislature to revise the entire system, and increase its efficiency and useful-
ness by important amendments and improvements, and especially by those which
secure more effectual visitation of the common schools by the appointment of
local superintendents. The enlightened efforts of George Clinton, of Lewis and
of Tompkins, have been already acknowledged. Nor was less zeal exhibited by
De Witt Clinton and William L. Marcy, successors in the executive office.
To William A. Duer the system is much indebted, for his successful efforts in
inducing the legislature to make the support of schools by the people, with public
aid, compulsory.

The maintenance of school district libraries may now be regarded as a cardinal
feature of the system of primary education ; an improvement which, if not sug-
gested, was brought into public favor through the patriotic efforts of James
Wadsworth of Geneseo, aided and sustained by William L. Marcy, under whose
administration this important project was carried into successful operation.
Bountiful and widely extended as the provision for this system seems to be, the

16 INTRODUCTION.

people of the state of New- York are scarcely enjoying its first fruits. When it
is remembered that knowledge exerts a self-expanding and self-regenerating
power, and that the relations not only among the several American communities,
but between all regions of the earth, are becoming more and more intimate, it is
perhaps not presumptuous to suppose that the ripened fruits of the plan are to be
developed in the intellectual, moral and social improvement of the whole human
family.*

The first notice of a library which we meet, bears date an hundred and four-
teen years ago ; when an association in England, called the " Society for the Pro-
pagation of the Gospel," transmitted to Richard Montgomerie, governor of the
province, a thousand volumes, a gift from Dr. Millington, rector of Newington.f
The society informed the governor, that the books were intended as a library for
the use of the clergy and gentlemen of New- York, Connecticut, New-Jersey and
Pennsylvania ; and requested that the assembly would provide a depository. The
subject was referred to the corporation of the city of New- York, who assigned an
apartment in the city hall. In 1754, the sum of six hundred pounds was sub-
scribed by an association in the city of New- York, and expended in the purchase
of seven hundred volumes of " new and well chosen books." The society was
incorporated in that year ; and it was expected that its collection, containing the
two libraries which have been mentioned, would, by further contributions, " be-
come vastly rich and voluminous." The society still exists, and its library, now
amounting to forty thousand volumes, proves that the expectations of its founders
have been fully realized. Notwithstanding, however, the advantages thus enjoyed
by the citizens of the embryo metropolis, the historian, in 1762, gave this unfa-
vorable account of the intellectual condition of the colonists : " Their schools are
in the lowest orders ; the instructors want instruction ; and through a long
shameful neglect of all the arts and sciences, the common speech is extremely

* Notes concerning common schools were received from Gideon Hawley, L.L.D., and Samuel S. Randall, Esq. the
deputy general superintendent,
t American Gazetteer, 1762.

INTRODUCTION. 17

corrupt, and the evidences of a bad taste, both as to thought and language, are
visible in their proceedings public and private. There is nothing the ladies so
generally neglect as reading, and indeed all the arts for the improvement of the
mind — a neglect in which the men have set the example."*

The legislature, in 1796, passed an act by which, after reciting that a dispo-
sition for improvement in useful knowledge had manifested itself in various parts
of the state, and for procuring and erecting social and public libraries, and that it
was of the utmost importance to the public that the sources of information should
be multiplied, and institutions for that purpose encouraged and promoted, provi-
sion was made for the incorporation of public library associations. Valuable
libraries were established under this law in many of the principal towns ; and
they were exempted by a subsequent act, and still remain free from taxation.

A state library, deposited in the capitol, was commenced in 1818. The law
department therein contains 4,273 volumes ; and the scientific, literary and miscel-
laneous division contains 4,218 volumes. The collection has been enriched by
very munificent donations from the government of Great Britain ; and the selec-
tion, which has hitherto been made with great care, is now continually increased
by means of annual legislative appropriations of about three thousand dollars.

But the most important public measure in relation to libraries, was the act be-
fore referred to, by which the sum of $55,000 of public money was annually for
rive years devoted to the establishment of a school library in each of the eleven
thousand school districts in the state. Each district was moreover obliged to
raise a sum equal to that apportioned to it from the treasury ; so that the amount
devoted to the establishment of these collections, which, as they are distributed
so as to bring a library within the reach of every family, may be called domestic
libraries, is $550,000. The Messrs. Harpers, publishers in New- York, acting
in harmony with the intentions of the legislature, have already issued from their
press two hundred volumes, constituting a series of popular works, chiefly by

* American Gazetteer, 1762.

Intr. 3

18 INTRODUCTION.

native authors, on subjects in the various departments of science and literature,
and especially designed for these libraries. Mr. Wadsworth, already honorably
mentioned, continues to favor the enterprise by an annual contribution to the
writers of such works asf are approved by the superintendent of common schools.
By a law of 1841, each academy receives from the treasury a sum of about two
hundred and fifty dollars ; which, together with an equal amount contributed by
the founders and patrons of the institutions, is applied to the purchase of text
books, globes, maps and philosophical apparatus.

During the Dutch government, no press was established; and so late as 1686,
Governor Dongan was instructed to allow no such establishment in the colony.*

The great English revolution of 1688, and the accession of William and Mary,
were hailed with enthusiasm in the colonies, and awakened in New-England and
New- York an earnest desire to repossess the rights and franchises which had
been wrested by the Stuarts, or tamely yielded to their rapacity. The popular
mind did not then suspect that the despotism of absolute monarchy had only given
place to the omnipotence of parliament. Although a press had been established
for scientific and literary purposes at Cambridge, in Massachusetts, about the
middle of the seventeenth century, printing was not commenced in Boston, Phi-
ladelphia or New- York, until near the close of that century ; nor was any news-
paper printed in the American colonies before the year 1700. Dr. Cadwallader
Colden, often mentioned in this memoir, in a letter written in 1743 to Dr. Frank-
lin, minutely explained an improvement he had conceived in the art of printing,
which was identical with the stereotype process introduced into France nearly
sixty years afterwards by Mr. Herhan, under letters patent from Napoleon. Dr.
Colden's letter was published in Hosack and Francis' American Medical and
Philosophical Register, in 1810. But it is only just to say, that subsequent re-
searches have resulted in showing that a bible was printed by Gillett, with ste-

* Clinton's Introductory Discourse.

INTRODUCTION. 19

reotype plates, in Strasburgh, twenty years at least before the improvement sug-
gested itself to Dr. Colden.*

The first newspaper which appeared in the colony of New- York was the
" New- York Gazette," by William Bradford, in 1725. It was the fifth then in
existence in the American colonies ; three having already been established in
Massachusetts, and one in Philadelphia. Bradford was said to have fled from
Philadelphia to New- York. He had given offence by publishing a paper written
by George Keith. Keith had been condemned by the city meeting of friends for
a doctrine which he maintained, and appealed to the general meeting of that
society, and published an address concerning the controversy. The address was
denounced as seditious, and Bradford was arrested and imprisoned for printing
it. The trial of Bradford is a curious and not an uninstructive illustration of the
spirit of the age, and of the imperfect notions of the liberty of the press which pre-
vailed at that day. Keith was adjudged guilty, both in the ecclesiastical and
civil courts without a hearing ; and one of the judges having declared that the
court could judge of the matter of fact without testimony, directed the common
crier to " proclaim, in the market place, the accused to be a seditious person, and
an enemy to the king and queen's government." Bradford and Macomb, an
associate, were charged with circulating the offensive pamphlet, and demanded
a speedy trial as a right secured by magna charta. Being members of the society
of friends, they appeared in court covered. Justice Cooke inquired, " What
bold, impudent and confident men are these to stand thus confidently before the
court V Bradford replied, " We are here only to desire that which is the right
of every free born English subject, which is speedy justice ; and it is strange that
that should be accounted impudence." Justice Cooke answered, " If thou hadst
been in England, thou would have had thy back lashed before now." The pri-
soners continued to press for a trial. . Justice Cooke replied, " A trial thou shall
have, and that to your cost, it may be." When the trial came on, Bradford asked

♦ HlNTON.

20 INTRODUCTION.

that he might have a copy of the presentment, and be informed under what law
he was prosecuted ; but these requests were denied. During the trial, " the grand
jury sat by the prisoners overawing and threatening them, when they spoke boldly
in their own defence, and one of the grand jurors wrote down such words as they .
disliked, signifying that they would present them. Justice Cooke bade the grand
jurors take notice of such and such words." When the prisoner's counsel began to
say something in regard to the matter, the court directed an officer to take him
away. The attorney for the prosecution concluded by saying, " It was evident
William Bradford printed the seditious paper, he being the printer in this place,
and the frame on which it was printed was found in his house." Bradford then
said, " I desire the jury and all present to take notice, that there ought to be two
evidences to prove the matter of fact, but not one evidence had been brought in
this case." Justice Jennings answered, "the frame on which it was printed is
evidence enough." Bradford replied, " But where is the frame 1 There has no
frame been produced here ; and if there had, it is no evidence unless you saw
me print on it." To which justice Jennings answered, " The jury shall have the
frame with them ; it cannot well be brought here ; and besides the season is cold,
and we are not to sit here to endanger our health." The jury, however, after
remaining out sixty hours, resisted all the efforts of the court, disagreed, and were
discharged. Soon after this trial, Bradford having in some manner obtained a
release, appeared in New- York. The sedition of the publication consisted in the
inquiry, whether the Friends, in sending out armed commissions against piracy,
did not transcend the requirements of their religious profession.

Thus the foundation of the press in New- York may be said to have been laid
in the maintenance or assertion of its primary rights and liberties. On arriving
at New- York, Bradford became printer to the government, which station he held
for many years ; and such is the infirmity of our nature, that at a later period, when
the only rival press in the colony had assumed an attitude opposed to the local
government, and was sought to be crushed by prosecution and imprisonment, he
was found on the side of power and privilege, and against the enfranchisements

INTRODUCTION. 21

of speech for which he had contended forty years before. Bradford established the
first j:>aper mill in New-Jersey, and the first perhaps in America. He was about
seventy years old when he began the publication of the Gazette, and continued in
the active duties of the paper for sixteen or seventeen years. The Gazette was con-
tinued after 1742, with the additional title of the " Weekly Post Boy" until 1773.
John Peter Zenger established in 1733 the "New- York Weekly Journal," the
second newspaper in the colony. It opposed the administration of governor
Cosby, and supported the interest of Rip Van Dam, who had previously con-
ducted the administration. Zenger maintained an effective battery. " The
ballads, serious charges, and, above all, the home truths in his democratic Journal,
irritated Cosby and his council to madness." Zenger was confined several months
by order of the governor and council, for printing and publishing seditious libels:
treated with unwarrantable severity ; deprived of pen, ink and paper, and denied
the visits of his friends. The popular feeling, however, was strongly against
these proceedings. The assembly, notwithstanding the application of the gover-
nor, refused to concur with him and his council. The mayor and the magistrates
also refused to obey the mandate of the governor and council, and to attend the
burning of the libellous papers " by the common hangman and whipper, near the
pillory." The grand jury manifested equal contumacy, and ignored the present-
ment against Zenger. The attorney-general was then directed to file an infor-
mation. The judges refused to hear and allow the exceptions taken by Zenger's
counsel, and excluded them from the bar ; but he was ably defended by other
counsel, and especially by Andrew Hamilton, then a barrister of Philadelphia.
Zenger pleaded not guilty. His counsel admitted the printing and publishing of
the papers, and offered to give their truth in evidence. The counsel for the
prosecution then said, " The jury must find a verdict for the king," and gave the
usual definition of a libel ; asserting that, " whether the person defamed was a
private man or magistrate, whether living or dead, whether the libel was true or
false, or whether the party against whom it was made was of good or evil fame,
it was nevertheless a libel." He then quoted from the Acts of the Apostles, and

22 INTRODUCTION.

from one of the epistles of Peter, to show that it was a very great offence to
speak evil of dignities ; " and insisted upon the criminality by the " laws of God
and man, of reviling those in authority, and consequently that Mr. Zenger had
offended in a most notorious and gross manner, in scandalizing his excellency our
governor, who, said the counsel, is the king's immediate representative and su-
preme magistrate of this province." Mr. Hamilton remarked in his reply, that
we are charged with printing and publishing a certain false, malicious, seditious
and scandalous libel. The word false must have some meaning, or else how
came it there ; and he put the case, whether if the information had been for
printing a certain true libel, would that be the same thing 1 " And to show the
court that I am in good earnest," said he, " I will agree, that if he can prove the
facts charged upon us to he false, I will own them to be scandalous, seditious and a
libel." He then further offered, that to save the prosecution the trouble of prov-
ing the papers to be false, the defendant would prove them to be true. To this,
chief justice De Lancey objected, " You cannot be admitted to give the truth of
a libel in evidence ; the law is clear that you cannot justify a libel." Mr. Hamilton
maintained, that leaving the court to determine whether the words were libellous
or not, rendered juries useless or worse. " It was true," he said, " in times past,
it was a crime to speak truth, and in that terrible court of star-chamber many
worthy and brave men suffered for so doing ; and yet even in that court, and in'
those bad times, a great and good man durst say, what I hope will not be taken
amiss in me to say in this place, to wit, ' The practice of information for libels
is a sword in the hands of a wicked king and an arrant coward, to cut down and
destroy the innocent. The one cannot, because of his high station, and the other
dare not, because of his want of courage, defend himself in another manner.' " *
The jury, after a short consultation, returned a verdict of not guilty, to the great
mortification of the court and of Zenger's persecutors, but with great satisfaction

* Nearly 70 years afterwards, another Hamilton maintained this great and now undeniable principle with eloquence
and power, which may be said to have conquered at last this great concession to the liberty of the press.

INTRODUCTION. 23

to the people. The common council of the city conferred upon Mr. Hamilton the
public thanks and the freedom of the corporation, for that signal service which
he cheerfully undertook under great indisposition of body, and generously per-
formed, refusing either fee or reward.*

Such was the struggle which the press had to maintain only one hundred years
ago, and only forty years before the revolution gave to its freedom the sanction
of government and the impress of authority. Gouverneur Morris, in speaking of
these occurrences to Dr. Francis, remarked, " that the trial of Zenger was the
germ of American freedom, the morning star of that liberty which subsequently
revolutionized America." Zenger died in 1746. His newspaper was conducted
by his widow, and afterwards by his son, until 1752, when it was discontinued.
The " New- York Gazette and Weekly Post Boy " was revived by James Parker
in 1742, and was continued by successive proprietors until 1773. It was ably
conducted, and had an extensive circulation ; and though free, never transcended
the bounds of decorum as they were defined at that day. The paper combated
the stamp act, and with several contemporaries throughout the colonies, appeared
in mourning on the 21st of October, 1765, on account of the passage of that law.
The "New- York Evening Post" appeared in 1746, but was soon discontinued.
The New- York Mercury was commenced by Hugh Gaine, and was discontinued
at the close of the revolutionary war, after an existence of thirty-one years under
the patronage of its founder. William Wyman, in 1759, established the " New-
York Gazette," which, after a fitful existence, expired in 1767. The American
Chronicle was commenced by S. Farley in 1761, and discontinued the next year;
and the " New- York Packet," begun in 1763, had only a brief existence. In
1766, John Holt issued " The New- York Journal and General Advertiser;" and
in 1768, " The New- York Chronicle " was commenced by Alexander and James
Robinson, and continued until 1772, when the printers removed to Albany, and
established there "-The Albany Post Boy," which continued until 1776. James

* Dcnlap's History of New- York.

24 INTRODUCTION.

Rivinoton, in 1773, commenced his newspaper career with a large and handsome
sheet bearing the comprehensive title of " Rivington's New- York Gazeteer, or the
Connecticut, New-Jersey, Hudson's River and Quebec Weekly Advertiser ;" and
in January, 1776, the publication of the New- York Packet and American Adver-
tiser was begun by Samuel Loudon.

At the advent of the revolution, therefore, there were only four newspapers in
existence in the colony, to wit, Game's Mercury, Holt's Journal and Advertiser.
Rivington's Gazeteer, and Loudon's Packet ; and as these reflect the spirit of that
epoch, and are characteristic of the phases of the mighty struggle, a few facts in
relation to them may not be thought devoid of interest. Gaine, who was a native
of Ireland, continued to print and sell books in Hanover square until his death
in 1807, a period of nearly sixty years. Exact, punctual and industrious, he ac-
quired a large estate, and transmitted a reputation for personal honesty, thrift and
tact, not often disturbed by excessive aspirations of patriotism. Approaching the
revolution, he was ostensibly neutral ; but with a desire to keep the strongest side,
he alternately printed for the people and for the loyal authorities, as each seemed
to preponderate. Although he removed with his press to New-Jersey on the ap-
proach of the British army, he returned when they had gained possession of the
city ; and emboldened by their successes, pursued the natural impulses of his
mind, and gave to the royal cause the best efforts of his pen and press. His
request to be allowed to remain in the city after its evacuation by the British
army was granted ; but Ids traits of character were happily hit oflP in a poem
which appeared on the 1st of January, 1783, professing to be the humble petition
of Gaine to remain in the city, in which his early profession and attachment to
the cause of the country, his subsequent adhesion to the royal cause, and his final
appeal were humorously and satirically described. It concluded,

" As matters have gone, it was plainly a blunder,
But tlwn I expected the whigs must knock under,
And I always adhere to the sword that is longest,
And stick to the party that's like to be strongest."

The Mercury, of course, did not survive the revolution.

INTRODUCTION. 25

Rivington was an English bookseller, a man of the world and of good talents,
who established his business in New- York in 1761, and in 1773 commenced the
publication of the Gazette on a large medium sheet folio. The paper surpassed
its contemporaries in enterprise, and in its original essays and its various intelli-
gence ; and soon came to be extensively patronized in all the principal towns.
But when the king's arms were substituted for the early vignette, and the descrip-
tive words in the title, " ever open and uninfluenced," were erased, and the paper
gave unequivocal demonstrations of hostility to the popular cause, a body of armed
men from Connecticut, in November, 1775, entered the city on horseback, beset
the printer's habitation, destroyed his press, and threw his types into heaps or con-
verted them into bullets. Two years afterwards, he returned from England with
new materials, and renewed his paper, which now appeared twice a week on a
sheet of royal size, surmounted with the royal arms, and entitled " The Royal
Gazette, published by James Rivington, printer to the king's most excellent ma-
jesty." This paper was conducted with exceeding virulence against the " rebels."
It was the leading royal press in the colonies, issued from the chief seat of British
power, and attained precedence as the acknowledged official organ, and neces-
sarily became very obnoxious to the prevailing party. At length foreseeing the
result, Rivington sought to conciliate the whigs, and succeeded so far as to ensure
the toleration of his residence in the city ; but his paper, although it discarded
the emblems and appendages of royalty, expired in 1783. The wits and satirists
of the revolutionary press conferred an unenviable immortality upon its editor.

But there are more grateful aspects in the history of the republican press
devoted to the cause of the country. The New- York Journal and Advertiser,
published by Holt and Parker, bore a conspicuous part in the discussions and
agitations of the day, animating the people in their resistance to tyranny, and
preparing them for the trials and sufferings of the great struggle. At the
memorable period of the stamp act, Holt, who then conducted the paper, added
to its title the significant motto, " the united voice of all his majesty's free and
loyal subjects in America, liberty, property, and no stamps." In 1774 Holt dis-

Intr. 4

26 INTRODUCTION.

carded from the Journal the cut of the king's arms, and substituted in its stead
the device of a snake severed into parts, with the motto " unite or die."* If
Rivington suffered at the hands of the exasperated colonists, Holt was visited
with the royal vengeance in forms scarcely less destructive. On the approach
of the British army in 1776, he was obliged to quit the city and leave his pro-
perty to be destroyed by the enemy. After a short interval, the Journal reap-
peared in Kingston. Driven thence by the capture and destruction of that place
in the same year, Holt continued the paper at Poughkeepsie until the termination
of the war, when he returned to New- York. He died in 1784. His paper,
continued by his widow and descendants several years, at length passed into the
hands of Thomas Greenleaf.

Early in the present century, the well known "American Citizen," edited
with distinguished ability by James Cheetham, appeared. The New- York
Packet, by Samuel Loudon, a native of Ireland, was a spirited auxiliary of the
popular cause. That Journal was published at Fishkill while the city of New-
York was in possession of the enemy.

During the same period, Robertson & Co. of the Royal American Gazette.
and Lewis of the New- York Mercury and General Advertiser, made such an
arrangement with the publishers of the other papers as to form a daily publica-
tion. But these newspapers were all discontinued at the peace of 1783. There
were, therefore, at the close of the revolutionary war, nearly one hundred and
fifty years after the introduction of printing in Massachusetts, and nearly a cen-
tury after its establishment in Pennsylvania, only three newspaper publications
in the state of New- York. These were Holt's and Loudon's, then respectively
published at Poughkeepsie and Fishkill, and the New- York Gazetteer, which
was commenced in Albany in May, 1782, by Valentine & Webster, and was
succeeded two years afterwards by the Albany Gazette, published by Charles
R. Webster, and has been continued by him and Websters & Skinners until the

* Thomas' History of Printing.

INTRODUCTION. 27

present date, 1842. Thirty-nine newspapers were printed at the commence-
ment of the revolution in all the American colonies.

The earlier newspaper press was extremely circumscribed in its scope and
powers. A newspaper rarely exceeded in size half a sheet of foolscap. It was
a mere compilation, often crude enough, with " the freshest advices foreign and
domestic." How " fresh," the reader, in this day of railroads, steam packets,
and second and third daily editions, will learn not without amusement, from the
fact that sixteen years after a newspaper was established in Boston it proposed
to issue a half sheet every other week ; by which hazardous enterprise it was
hoped that the time between the paper and the latest European news, then
thirteen months, might be reduced to five. For many years the " Boston News
Letter " contained no more than two advertisements. Until the close of the re-
volution, no newspaper was issued oftener than once a week ; but with the pro-
gress of political events, the press assumed a higher position, and put forth greater
energies. It was yet restricted, its rights scarcely understood, its power not ap-
preciated, and its freedom curtailed by judicial decisions ; nevertheless, it was
advancing in character and importance. The trial of Zenger, the passage of the
stamp act, the claim of parliamentary right to tax the colonies without represen-
tation and without consent, and the resistance to those claims on great principles,
called forth the patriotism of the colonists ; and the press, having then become
the organ of an indomitable spirit of freedom, assumed a more elevated tone, and
exerted a powerful influence in carrying the cause of the revolution to its tri-
umphant consummation.

So rapid was the increase of newspapers, that in 1810 the number of such
publications in the United States amounted to three hundred and fifty-nine, of
which sixty-six were printed in this state. These journals, like those published
during the revolution, with rare exceptions, were controversial, and of a political
and partizan character. The ability displayed in their columns exceeded that
which the press exhibited during the revolution, in a proportion equal to the
sphere to be supplied ; but the public taste had not yet become sufficiently refined

28 INTRODUCTION.

to reject invective, and to choose always facts and arguments in preference to
scandal and recrimination. One or more newspapers were then published in the
capital of each county, and their names will recal quite vivid recollections of
the civil and political divisions of the state, as they then existed.

In the city of New- York there were seven daily newspapers : The New- York
Gazette and General Advertiser by Lang & Turner, the New- York Evening
Post by William Coleman, the Commercial Advertiser by Zachariah Lewis, all
of which supported the federalist party ; the Public Advertiser and the Colum-
bian edited by Charles Holt, devoted to the republican party ; and the American
Citizen by James Cheetham, and the Mercantile Advertiser, which were neutral
as to politics. There were also published in the city one semi-weekly and five
weekly papers ; these were the New- York Herald, the Spectator, the Republi-
can Watchtower, the New- York Journal, the Columbian for the country, and
the Price Current. In the city of Albany there were three semi-weekly news-
papers : The Albany Gazette by Websters & Skinners, the Balance and New-
York State Journal by Croswell & Frary, engaged in defending the policy of
the federalists ; and the Albany Register by Solomon Southwick, maintaining the
republican cause. All the other newspapers in the state were published weekly,
and were as follows : At Sag-Harbor, the Suffolk Gazette, a republican paper by
Alden Spooner ; at Brooklyn, the Long-Island Star, of the same politics, by
Thomas Kirk ; at Saratoga, the Saratoga Gazette ; at Watertown, the American
Eagle, by Henry CofFeen ; at Peekskill, the Westchester Gazette, a republican
paper by Robert Cromble ; at Somers, the Somers Museum, a federal journal by
Milton F. Cushing; at Goshen, the Orange County Gazette, a republican paper
by Hopkins & Heron, and the Spirit of Seventy-six and Patriot, by Timothy B.
Crowell; at Newburgh, the Political Index, a republican paper by Ward M. Gas-
lay ; at Kingston, the Ulster Gazette, a federal paper by Samuel S. Freer, and
the Plebeian, a republican journal by Jesse Buel ; at Poughkeepsie, the Political
Barometer, republican, by Joseph Nelson, and the Poughkeepsie Journal, federal,
by Paraclete Potter ; at Hudson, the Northern Whig, federal, by Francis Steb-

INTRODUCTION. 29

bins, and the Bee, republican, by H. Holland ; at Catskill, the American Eagle,
federal, by M. Elliot & Co., and the Catskill Recorder, republican, by Macky
Croswell ; at Lansingburgh, the Lansingburgh Gazette, by Tracy & Bliss ;
at Troy, the Troy Gazette, a federal paper by Eldad Lewis, also the Farmers'
Register, a republican paper by Francis Adancourt, and the Northern Budget,
neutral, by Oliver Lyon ; at Salem, the Northern Post, federal, by Dodd & Rum-
sey, and the Washington Register, republican, by John P. Reynolds ; at Pitts-
burgh, the American Monitor, republican, by George W. Nichols ; at Waterford,
the Waterford Gazette, by Horace H. Wadsworth ; at Ballston, the Advertiser,
republican, by Samuel R. Brown, and the Independent American, federal, by
William Childs ; at Schenectady, the Mohawk Advertiser, federal, by Ryer
Schermerhorn, and the Schenectady Cabinet, republican, by Isaac Riggs ; at Johns-
town, the Montgomery Republican, federal, by Asahel Child, and the Montgomery
Monitor, republican, by Daniel C. Miller ; at Herkimer, the Bunkerhill, republi-
can, by George Gordon Phinney, and the American, federal, by J. H. & H.
Prentiss ; at Utica, the Utica Patriot, federal, by Ira Merrell, and the Columbia
Gazette, republican, by Thomas Walker ; at Oxford, the Chenango Patriot ; at
Cazenovia, the Pilot, republican, by Baker & Newton ; at Peterborough, the
Freeholder, federal, by Jonathan Bunce & Co. ; at Manlius, the Manlius Times,
federal, by Leonard Kellogg ; at Canandaigua, the Ontario Repository, federal,
by James D. Bemis, and the Genesee Messenger, republican, by John A. Stevens ;
at Batavia, the Cornucopia, republican, by Peck & Blodget ; at Geneva, the
Geneva Gazette, federal, by James Bogart ; at Cooperstown, the Otsego Herald,
republican, by Elihu Phinney, and the Cooperstown Federalist, federal, by J. H.
& H. Prentiss ; at Owego, the American Farmer, neutral, by Stephen Mack ;
at Schoharie, the True American, federal, by Thomas M. Tilden, and the Ame-
rican Herald, republican, by Derrick Van Veghten ; at Sherburne, the Republi-
can Messenger, republican, by Pettit & Percival.* Papers published at Troy,

* Thomas' History of Printing.

30 INTRODUCTION.

which is nearly equidistant from the northern and southern boundaries of the
state, were then organs of the north ; and there were four newspapers printed in
the region west of Onondaga, where now more are published than in 1810
supplied the whole state.

The number of newspapers now published within this state is upwards of
three hundred, being an hundred times more than were printed in the state at
the close of the revolution, and eight times the number printed in the United
States at that period. The more important publications are, in the city of New-
York, the Courier and Enquirer, by James Watson Webb ; the Journal of Com-
merce, by Hale and Halleck ; the New- York Express, by Brooks and Town-
send ; the Standard, by John I. Mumford ; and the New-Era, by Jared W. Bell ;
morning papers : the Commercial Advertiser, by William L. Stone ; the Even-
ing Post, by William C. Bryant; and the American, by Charles King; evening
papers, published upon the old system for regular subscribers : the New- York
Tribune, by Horace Greely ; the Sun, by Moses Y. Beach ; and the Plebeian,
by Levi D. Slamm, published upon the new plan of selling indiscriminately for
cash : in the city of Albany, the Albany Daily Advertiser, formerly the Albany
Gazette ; the Albany Argus, by Edwin Croswell ; and the Albany Evening
Journal, by Thurlow Weed : in the city of Troy, the Troy Daily Whig and
Troy Budget : in the city of Utica, the Oneida Observer and the Oneida Whig :
in the city of Rochester, the Rochester Democrat and Rochester Daily Adver-
tiser ; and in the city of Buffalo, the Buffalo Commercial Advertiser and the
Mercantile Courier.

There is scarcely more resemblance between the press as it now exists, and
that institution as it was at the close of the revolution, than between the present
aspect of our inland regions and the forest garb they wore while inhabited only
by the Iroquois. Then the art, employed chiefly in printing the colonial statutes,
almanacks, occasional sermons, and volumes of devotional psalmody, and publish-
ing a semi-weekly record of events, was only auxiliary, in the hands of its
managers, to the more important object of selling books, pamphlets, stationery.

INTRODUCTION. 31

and sometimes other merchandise : Now, labor-saving machines, with mechanical
and brute power, are substituted for the arm of the pressman ; and with the aid of
stereotype foundries, the press has departments distinctly separated, and as
numerous as the divisions and subdivisions, classes, combinations, interests, occu-
pations, studies and tastes of society. The book press seizes with avidity all new
publications, whether designed to instruct or only to amuse, whether foreign or
domestic, and prints and reprints and scatters them over the continent with in-
conceivable rapidity. Works of fiction most adapted to the popular taste are
now printed and sold at prices less than, fifty years ago, were charged to subscri-
bers for the perusal of such volumes by circulating libraries. The commercial
press, morning and evening, records with accuracy every occurrence and every
indication which affects trade ; and the advertising columns are indispensable
auxiliaries in every operation of commerce or finance. The political press,
divided between contending parties, and again subdivided with nice adaptation
to the tempers and the tastes, the passions and the prejudices of the community,
conducts party warfare with energy, zeal and unsparing severity ; and the com-
batants, faithful throughout all changes, abide the trials and share the fortunes of
their respective parties. The religious press furnishes to Jew and Christian,
Protestant and Catholic, and to each of the sects and denominations of those grand
divisions of the church, a devoted organ more effective than an army of mis-
sionaries. The moral, the scientific, the literary, the legal, the medical, the agri-
cultural, the military, the abolition, the temperance, the colonization and the
association newspapers each represent a portion of society desirous to inculcate
peculiar views of truth, and promote reforms which it deems essential to the
general welfare. The emigrants from every foreign country communicate with
each other through organs furnished by the press, and preserve mutual sympa-
thies and endearing recollections of their father-lands. The press was dependent
on European facts, sentiments, opinions, tastes and customs : now it is in all things
independent, and purely American. It was metropolitan : now it is universal.
The newspaper in each important town conveys intelligence of all interesting

32 INTRODUCTION.

incidents which occur within its vicinity, to the central press, and receives in return
and diffuses information gathered from all portions of the world.

The press studies carefully the conditions of all classes, and yields its reports
with such a nice adaptation of prices as to leave no portion of the community
without information concerning all that can engage their curiosity or concern
their welfare. It no longer fears the odious information, or the frowns of power ;
but dictates with boldness to the government, and combines and not unfrequently
forms the public opinion which controls every thing. Yet the press is not despotic.
Its divisions distract its purposes, and prevent a concentration of its powers upon
any one object. That the newsjraper press is capricious and often licentious,
will scarcely be denied ; yet if it assails, it arms the party assaulted with equal
weapons of defence, and yields redress for the injuries it inflicts. The ability,
learning and spirit with which the press is now conducted, strikingly contrast
with the dullness and superficial learning of its earlier period. Its editors, no
longer regarded as mere chroniclers of events or pains-taking mechanics, hold
rank as a liberal profession, and exert a just influence upon the multifarious inte-
rests of society. Nor are the sweeping allegations of indecorum, venality and
violence brought against the press in any sense just. That it sometimes offends
propriety, decency and candor, is unhappily too true, but it reflects in all things
the character of the country ; and while the ignorant, the prejudiced, the malevo-
lent and the vulgar cannot be deprived of its weapons, it never withholds its resist-
less influence from truth, wisdom, justice and virtue. Every improvement of the
public morals and every advance of the peojjle in knowledge is marked by a cor-
responding elevation of the moral and intellectual standard of the press ; and
it is at once the chief agent of intellectual improvement, and the palladium of
civil and religious liberty.*

There were in New- York in 1762, two Dutch Reformed Churches, and reli-
gious worship was celebrated therein in the language of the Netherlands. These

* Notes on the History of the Press until the close of the Revolution, were received from Edwin Croswell, Esq.

INTRODUCTION. 33

and all other associations of that denomination acknowledged subordination to
the classis of Amsterdam, which some times permitted, and other times refused
powers of ordination. The expenses attending the journeys of candidates for
ordination to Holland, and the reference of disputes concerning doctrine and
discipline, to foreign judicatories, induced a portion of the clergy, even at that
day, to seek a domestic organization. There were also two Protestant Episcopal
churches which were more independent ; but still the bishop was obliged to go to
England for orders, before he could exercise his ecclesiastical functions ; and
rectors were required to be instituted and inducted, agreeably to the king's instruc-
tions to the governor, and the canonical rights of the bishop of London. The
presbyterians had one church, and aimed at ecclesiastical independence, but all
such efforts were defeated by the opposition of the episcopalians ; and to save
their little edifice and grounds, the former conveyed the glebe in 1730 to the
moderator of the general assembly of the church of Scotland and others, as a
committee of that body, and received from it a declaration that " the property
was held on condition that it should be free and lawful for the presbyterians in
the city of New- York and its vicinity to convene in the edifice for the worship of
God in all the parts thereof, and for the dispensation of all the gospel ordinances."
Besides these churches, there were a small French church, two German Lutheran
societies, a Friends', a Moravian and Anabaptist meeting houses, and an obscure
synagogue. But the dependence of the church had one advantage. Many of the
clergy had received a transatlantic education, while this country was destitute of
proper seminaries, and the reproach of ignorance did not attach to the theological
profession.*

One of the most serious obstacles in the way of the revolutionary cause, was
found in the apprehensions indulged by persons connected with the English esta-
blished church, that religion, here deprived of the sustaining support of the mother
country, must languish, and infidelity and vice disappoint the hopes of those who

» American Gazetteer, 1762.

Intr. 5

34 INTRODUCTION.

had disseminated the principles of civil liberty. Experience has shown that this
was a capital error, and that independence has been even more beneficial to the
necessary diffusion of religious instruction throughout the continent, than to the
political progress of society. We need only refer to the condition of the
church in the city of New- York previous to the revolution, to show how incom-
petent a colonial religious establishment would have been to educate and send
abroad the clergy and missionaries required among a growing people. The
apprehensions to which we have referred were by no means general among the
episcopalians, who soon became sensible of the injury which their church was
receiving from that source, and from a prevalent prejudice that the episcopal
form of government had a peculiar affinity for monarchical institutions. The best
efforts of the clergy were put in requisition to refute these prejudices, and in
many of the jmmphlets, written for that purpose, may be found very able argu-
ments against a union of the church and the state, and in defence of the cardinal
principle that religion is best promoted, and most fruitful of blessings, when wholly
independent of the patronage and control of government.

Soon after the revolution, all the religious denominations in the state, with one
exception, had risen to ecclesiastical indejaendence. Candidates for the clergy,
for many years, obtained their theological education in the private study of some
approved divine of their particular sect. But provision was early made to guard
against the admission of unqualified candidates, by an open examination before
the body which conferred orders. The advantages, however, which would be
afforded by public institutions for theological education were too obvious to be
overlooked. The " Theological Seminary of the Associate Reformed Synod of
New- York," was established in 1801, through the efforts of the reverend John
M. Mason, D.D., and was the first theological institution in the United States.
Dr. Mason was elected the only professor of the school in 1804, and it went into
actual operation in 1805. It received a valuable theological library, procured in
Europe in 1802, by the personal solicitations of its founder. He relinquished
his office after about fifteen years. The school was removed to Newburgh, and

INTRODUCTION. 35

received a charter in 1825. It has three professors and eleven students, and a
collection of 4,000 volumes. The Lutherans, in 1815, established the Hartwick
Theological Seminary, at Hartwick in Otsego county. It had two professors,
some ten or twelve students, and a library of 1,000 volumes. The Theological
Seminary of the Protestant Episcopal Church in the United States, was instituted
in the city of New- York in 1817. It was removed to New-Haven in 1820, but
restored to New- York in 1821, and was then incorporated. It has now five pro-
fessors, seventy-four students, and about 7,260 volumes in its libraries. It has
given to the church one hundred and eighty-six ministers. The Presbyterian
Theological Seminary, at Auburn, was founded in 1821. It has four professors,
sixty-nine students, and libraries containing 5,000 volumes, and has sent forth into
the vineyard of Christ three hundred and forty-four laborers. The presbyterian
" New- York Theological Seminary," in the city of New- York, was established
in 1836, and has four professors, ninety students, and libraries containing 12,000
volumes. The Baptist Association have founded an academical institution at
Hamilton; the Methodists a similar one at Lima; and the Catholics a like insti-
tution at Rose-Hill ; with a laudable purpose respectively of elevating the stan-
dard of education among their clergy.

Although the various divisions of the church have generally observed forbear-
ance towards each other, and a good degree of harmony has prevailed among
their own communions, there has been enough of controversy to test the learning
and skill of the clergy in polemic divinity. The first instance of this kind
occurred in the Reformed Protestant Dutch Church, and is known in its annals
as the " coetus and conferentic controversy." The inconveniences of dependence
upon the classis of Amsterdam, before mentioned, induced certain ministers, in
1737, to propose the plan of a coetus or assembly of ministers and elders, which
should have merely powers of advice and admonition. This plan which was
adopted and approved by the church in Holland, called forth the exertions of the
reverend Theodore J. Freelinghuysen. The arrangement proved inefficient,
and, in 1754, the church was distracted by two parties, the one called the coetus

36 INTRODUCTION.

insisting on casting off ecclesiastical connection with the classis of Amsterdam ;
the other, the " conferentia," which struggled to maintain that connection. The
weight of learning was on the side of the latter ; but zeal, industry and more
practical preaching distinguished the former. The controversy was finally settled
in 1772, chiefly through the agency of the reverend Dr. John H. Livingston and
the reverend Dr. Laidley of New- York, and the reverend Dr. Eilardus Westerlo
of Albany, and the reverend Dr. Theodoric Romeyn of Schenectady.

In 1805, Dr. William Linn commenced, in the Albany Sentinel, a series of
strictures upon a work then recently published by the reverend John H. Hobart,
afterwards bishop of the Protestant Episcopal Church, entitled " A Companion
for the Altar," in which the peculiar claims and tenets of the Episcopal ministry,
in regard to divine ordination, were set forth. Mr. Hobart's doctrines were de-
fended with great ability by Thomas Y. How, Esq., under the signature of " A
Layman of the Episcopal Church," and by the reverend Frederick Beasly of
Albany, under the name of " Cyprian." Dr. Linn rejoined, and thus drew into
the controversy bishop Moore, who assumed the name of " Cornelius ;" bishop
White of Pennsylvania, under the name of " Detector," and Mr. Hobart, under
the signature of " Vindex." Dr. Linn, under the signatures of " Umpire " and
" Inquirer," defended himself with great ability against these new antagonists.
These essays constitute a part of our theological learning. In 1806, the reverend
John M. Mason, D.D., reviewed these essays in the Christian's Magazine. What-
ever may be thought of the merit of the controversy, it is universally admitted
that the review was written with extraordinary force and brilliancy, logical acu-
men and point It excited great interest, and the whole controversy is worthy of
a reperusaL Dr. Mason is remembered as a man of ardent temperament, great
genius, high literary attainments and deeply versed in all the learning of his pro-
fession, and as a fearless commentator on the tendency of passing events. He
employed the whole powers of his intellect in expounding the scriptures, and
excelled in eloquence and persuasion all his contemporaries.* The reverend

* M. C. Patterson's Address on Primary Education.

INTRODUCTION. 37

Dr. Samuel Miller, in 1807, published letters on the constitution and order of the
christian ministry, which engaged him in a controversy concerning that important
doctrine with Thomas Y. How, the reverend Dr. Bowden of Columbia College,
the reverend Dr. Kemp of Maryland, and Dr. Hobart, afterwards bishop. Dr.
Miller's portion of this controversy is held in high estimation by that portion of
the church whose views accord with his own. The " Triangle," by the reverend
Mr. Samuel Whelpley, is still remembered as a masterly performance.

In pulpit eloquence, the reverend Dr. Mason's discourse upon the death of
Hamilton, and baccalaureate addresses by the reverend Eliphalet Nott, D.D.,
president of Union College, are productions of a high order.*

A colonial writer, to whom we have before referred, describes the medical
profession as worthy of very little respect, and declares " that pretenders have
recommended themselves to a full practice and profitable subsistence. This,"
he adds, " is the less to be wondered at, as the profession is under no kind of
regulation. Loud as the call is, they have no law to protect the lives of the
king's subjects. Any man at his pleasure sets up for a physician, apothecary and
chirurgeon. Candidates are neither examined nor licensed, nor are they even
sworn to fair practice."

Nevertheless, we find occasional notices of medical prescribers who had enjoyed
the advantages of sound education at foreign universities, and who dispensed the
benefits of their knowledge in this, their adopted country. Megapolensis, Dupie,
Dubois, Beekman, Magrath, John Bard, Middleton, Clossy, and Farquhar were
justly conspicuous. Dr. Cadwallader Colden, who was surveyor-general, and
subsequently lieutenant-governor of the province, was eminent not only as a
philosopher and a naturalist, but as a physician and medical writer. We are
indebted to him for the first scientific account which we have of the climate and
diseases of the city of New- York. We have in this work satisfactory evidence,
that owing to the " clearness " and purity of the atmosphere, and its vigor in the
spring season, consumption of the lungs is not an endemical disease, and hence

* Notes concerning the clergy were received from the reverend Dr. J. N. Campbell and the reverend T. C. Reed.

38 INTRODUCTION.

it results that the prevalence of pulmonary affections has been produced by erro-
neous personal and social habits. Dr. Colden's elaborate paper on the manage-
ment of the fever of New- York, which prevailed in 1742 ; his account of the
plant called " water dock," and his earnest recommendation of the cooling pro-
cess, in the cure of fevers, an innovation on the therapeutic measures of that age,
are yet held in high estimation.*

Dr. John Bard, already mentioned, published an able essay on the nature and
cause of malignant pleurisy, which proved very fatal on Long Island in 1749,
and astonished his medical brethren in New- York in 1795, by identifying at once
the pestilence, which then ravaged the city, with the malignant yellow fever, of
which not a case had occurred within his observation, since its previous visit in
1742.

His son Samuel Bard, while a student at the university of Edinburgh, received
the Hope medal as an acknowledgment of his acquirements in botany, and his
inaugural dissertation, de viribus opii, attracted the attention of the erudite Haller.
He made other contributions to medical science, of which his " Inquiry into the
nature, cause and cure of the angina suffocativa," or sore throat, a disease attended
with great mortality in New- York, will perhaps be longest remembered.

Dr. Jacob Ogden, of Long Island, in 1769 and 1774, addressed to the public,
letters on the same disease, which are worthy of reference, because they urge
with boldness the mercurial practice, which, although it had been before sug-
gested by Dr. Douglass, had not yet obtained any general favor.

Dr. Richard Bayley, in 1781, published a letter to Dr. William Hunter of
London, on " Angina Trachealis," or the croup, setting forth a new mode of cure
of that very alarming and too often fatal inflammation, and subsequent expe-
rience in this and other countries has confirmed the utility of the discovery.

In 1769, a medical faculty was projected and associated with the academic
corps of King's, now Columbia College. This measure awakened an active spirit

♦ Dr. Francis' Discourse before the New-York Lyceum of Natural History.

INTRODUCTION. 39

of inquiry into the sciences tributary to the healing art. Middleton, Bard, Smith,
Tennant, Clossy and Jones, the first professors, were eminent in their respective
departments. Middleton exhibited research and learning in a comprehensive
discourse on the history of medicine. Clossy had written with success on morbid
anatomy. The first instance in which the degree of doctor of medicine was
conferred in this state was in 1771, when Samuel Kissam received that honor.
A copy of his inaugural dissertation on the anthelmintic virtue of the phaseolus
zuratensis siliqua liirsuta, is preserved in the library of the New- York Historical
Society. The medical school connected with King's College was visited with
the same misfortunes which befel that institution during the revolutionary war.
Efforts made by the regents of the university, after the return of peace, to re-
organize the medical faculty, were unsuccessful. In 1792, however, the trustees
announced the reestablishment of the school, and doctors Bailey, Post, Ham-
mersly, Ptodgers, Mitchill, Hosack and Stringham labored assiduously as profes-
sors during several years. The " College of Physicians and Surgeons" in the
city of New- York was founded under a charter granted by the regents of the
university in 1807. Nicholas Romayne, as president of this new school, delivered
an inaugural discourse, evincing varied knowledge and very original views on the
physiology of the different races of the human species. Smith, Hosack, De
Witt, Miller, Bruce and others, professors in this institution, gave it a high repu-
tation, and secured popular approbation of its instructions ; but a rivalry between
it and the medical school of Columbia College was justly regarded as a public
misfortune, and in 1813 the two institutions were combined. In the new faculty,
anatomy was assigned to Dr. Post, the practice of physic to Hosack, chemistry
and pharmacy to Dr. Macneven, surgery to Dr. Mott, materia medica to Dr.
Francis, obstetrics to Dr. Osborn, mineralogy to Dr. Mitchill, and medical juris-
prudence to Stringham. The school flourished many years, but at length, in
1826, professional rivalry, and the deaths of some of the professors, so embar-
rassed the survivors that they resigned their chairs, and retired with the thanks
of the regents for their eminent ability and assiduity.

40 INTRODUCTION.

The regents appointed a new faculty, consisting of doctors Watts, J. A. Smith,
Stevens, Dana, J. M. Smith, Delafield and John B. Beck ; and Dr. Watts
became president of the institution, which, with some changes in its corps of
teachers, still continues to dispense medical knowledge. The faculty which had
retired, established a new school under the sanction of Rutgers College of New-
Jersey, and gave lectures for a time in the city of New- York, which were re-
ceived with high favor ; but a charter being denied them, they discontinued their
labors in 1829.

The University of the city of New- York has recently established a medical
faculty, in which Dr. Mott lectures on surgery, Dr. Patterson on anatomy, Dr.
Paine on the materia medica, Dr. Draper on chemistry, Dr. Revero on the prac-
tice of physic, and Dr. Bedford on obstetrics. About four hundred pupils are
now annually educated in the medical profession in the city of New- York.

The College of Physicians and Surgeons of the western district was founded
at Fairfield, in Herkimer county, in 1812, under a charter granted by the regents.
The institution flourished many years, but has recently been discontinued, and
its professors transferred to the new Medical College recently established at Al-
bany. The faculty of this institution combines much talent and learning.

A faculty of medicine equally respectable and efficient has been established at
Geneva College, and is diffusing medical knowledge very extensively to the
numerous candidates for the honors of the profession in the western region of the
state. The medical schools last mentioned have received liberal aid from the
public treasury, and deservedly continue to enjoy the nurturing care of the
regents of the university.

Returning from this brief account of institutions for medical education to our
notice of the early progress of the healing art, we find a short paper written by
Michaelis during the revolutionary war, showing the importance of opium as
applicable to certain conditions of the human system, being an essay containing
interesting results of his practice among the foreign troops. North, a physician
attached to the British army in New- York, about the same time, introduced his

INTRODUCTION.

41

apparatus for facilitating the inhaling of medicated vapors, since so widely ap-
proved in Europe. Magrath, an Irish physician in the same city, deserved to be
remembered for his strenuous efforts to introduce the cooling process of treat-
ment of febrile diseases. Surgery found an intrepid operator in McKnight. Bai-
ley, Bard and Treat were distinguished in clinical toil, and Crosby and Dingley
are remembered as skilful practitioners.

Dr. Addams published in 1791 the first American tract on the subject of yellow
fever. The subsequent recurrence of that pestilence in 1795, called forth essays
by many medical writers ; among whom were Buel, E. H. Smith, Mitchill, Sea-
man and Bayly. The latter aimed to establish a distinction between infectious
and contagious diseases, until that time too generally confounded by physicians.

The dreadful ravages of the yellow fever in the United States, and reports
too fearfully authentic of calamities inflicted by a like plague on the coast of
Africa and in the West Indies, had created a spirit of philosophic inquiry into the
origin of the disease, when Dr. Priestly arrived in this country. Recognised as
the author of the gaseous philosophy, which was expected to throw new light
upon the subject, his presence stimulated the eagerness of research into the nature
of fevers and of pestilence in general. Dr. Mitchill put forth a treatise on the
qualities of the nitrous oxide gas, and entered into a controversy with Priestly
concerning the nature of phlogiston. The recurrence of the disease with undi-
minished virulence in 1798, 1801, 1803, 1805, 1819 and 1822, prolonged the
discussion thus commenced. Notwithstanding all that has been written, the
nature of the pestilence is a mystery yet to be unfolded ; but it is just to affirm
that the learning, talents and clinical acumen which the subject has called forth,
reflect honor upon the professors of the healing art.

The writings of Dr. Miller, and his new nomenclature of febrile and pestilen-
tial diseases, have had a wide circulation. The numerous contributions to medi-
cal science by Dr. Hosack, have had much influence on the minds of professional
and general readers ; and he is distinguished for having projected a new classi-
fication of contagious diseases.

Intr. 6

42 INTRODUCTION.

In 1816, a new topic of inquiry was presented here, as well as in Europe,
involving the question whether the human system was susceptible of the yellow
fever a second time. Dr. Francis, then in London, addressed a letter of inquiry
on the subject to the medical faculty of the United States ; and the result of the
testimony acquired, seemed to show that, after one visitation, the constitution has
generally an exemption from that disease. Dr. Townsend, in his treatise on the
yellow fever as it manifested itself in 1822, corroborated this conclusion ; but
after all, on a point of such deep interest to humanity, further inquiry seems
desirable.

Dr. Hugh Williamson's " Observations on the climate in different parts of
America, compared with the climate in corresponding parts of the European con-
tinent," is a work of much interest. His exposition of the meliorating effects of
cultivation of the earth upon the temperature of the country, is very cheering to
the philanthropist. The disquisitions of Dr. Samuel Forry, on the climate of
the United States, and its endemic influences, challenges the attention of the
philosopher as well as of the physician.

A disease designated by several names, as "spotted fever," "malignant typhus,"
"typhoid pneumonia," and other appellations, prevailed extensively in 1812
and 1813. Monographs on this pestilence were given to the public by North,
Hosack, Hudson, Arnell, and several other contributors to the New- York Medical
Repository, and to other periodical journals.

The appearance of the cholera asphyxia, in 1832, at New- York and at Albany,
and shortly afterwards its extensive ravages in other parts of this state, and the
United States, awakened medical ardor, and the new enemy was encountered
with energy and with clinical acumen. It numbered four thousand victims in New-
York, and was proportionably not less fatal in Albany. Francis, Paine, McNaugh-
ton and Reese were distinguished by their examinations into the origin and nature
of the disease. It is deeply to be regretted that we are still without a direct and
perfect history of this, and the various other epidemics which have prevailed at
different periods. The influenza spread over our territory in 1807, in 1811, and

INTRODUCTION. 43

in several subsequent years. The scarlet fever and the measles have, during
the last twelve years, been unusually rife, and the varioloid, or modified small
pox, has again and again intruded, and sometimes with great malignity. Have
the two former diseases acquired more power with their increasing virulence l Has
the frequent recurrence of the varioloid a tendency to impair confidence in the
efficacy of vaccination ? These are inquiries in which the happiness of man-
kind are deeply interested.

Previously to the revolution, and for some time afterwards, the art of surgery
was neglected. The United States furnished no schools, and chirurgical know-
ledge was confined to those who had received a foreign education. A post mor-
tem anatomical examination is recorded as early as 1691. The subject was the
body of governor Sloughter, who had suddenly died under circumstances cre-
ating a suspicion of poison. The account of the dissection is sufficiently minute
and satisfactory to do away the imputation, and the pathological conclusions of
the surgeons concerning the cause of death corresponded with the received
doctrines of that age. The earliest anatomical dissection, for the purpose of
imparting knowledge, was performed in 1750, by doctors John Bard and Peter
Middleton ; the subject was a convicted felon.

John Jones, already mentioned as one of the faculty of King's College, first
performed the operation of lithotomy in the city of New- York. He produced,
in 1775, "Plain Remarks upon Wounds and Fractures," which was the first sur-
gical treatise printed in America, and became a text book. Dr. Bayley, in 1782,
successfully performed the operation of amputating the arm at the shoulder joint,
which had not before been attempted in this country. Dr. McKnight, in 1790,
accomplished a bold and difficult operation in obstetrics, until then unattempted
here, except in a case thirty years previous, when it was performed by Dr. John
Bard.

Surgery is now taught in all our medical schools, and facilities are afforded in
them all, for the study of practical anatomy. Yet there is a deficiency of advan-
tages for imparting that perfect clinical instruction that can only be given in an

44 INTRODUCTION.

infirmary, where the various surgical operations are performed for the relief of
patients. The New- York Hospital is the only institution in the state possessing
such advantages. This institution was founded in 1770, at the suggestion of Dr.
Bard, but the war prevented its being open for the reception of patients until
1791. The students of the medical schools in New- York enjoy the advantages
it affords. Among the surgeons who have acquired reputation since the revolu-
tion, we may name Dr. Wright Post, who has the merit of having, in 1817, first
performed successfully the operation of tying the subclavian artery. In 1818,
Dr. Mott tied the arteria innominata, in the person of a patient who had a sub-
clavian aneurism, an operation never before attempted. The difficulty of per-
forming this operation, without fatal consequences, results from its effects to stop
almost the whole direct supply of blood from one side of the head, and from one
arm. The patient died twenty-six days after the oj)eration, in consequence of
secondary haemorrhage ; but it satisfactorily appeared that the ligature had not
prevented a necessary supply of blood, and thus one source of apprehension con-
cerning this operation was removed. It has been repeated once by Graefe of
Berlin. His patient died sixty-seven days after the operation. Dr. Mott, in
1827, applied a ligature to the common iliac artery, to cure an aneurism ; an
operation never before attempted for that purpose ; and in 1828, he exscinded
the clavicle in a case of osteosarcoma of that bone ; an operation, until that time,
unknown in surgery.

Pomeroy White, of Hudson, was the first surgeon in this country who tied the
internal iliac artery. We cannot leave these notices of chirurgery, without men-
tioning the high merits in that department of Alexander H. Stevens, John C.
Cheesman and J. R. Rodgers.

Physiology has only recently engaged attention in this state. A young Cana-
dian received a musket shot in the side, which carried away a portion of the
walls of the thorax, and perforated the stomach. He recovered from the effects
of this injury under the care of Dr. Beaumont, a surgeon in the army, residing in
this state ; but a fistulous opening in the stomach remained, through which articles

INTRODUCTION. 45

of food might be introduced or withdrawn, and the aperture permitted visual
observations of the organ. The case was rare, and almost unique in the annals
of medical science, and certainly in no other instance had such an one been made
so profitable to physiology. By a series of observations and experiments, con-
tinued for a long time, Beaumont arrived at these results : 1st. The existence of
a gastric juice secreted by the stomach, and exciting a solvent action on food.
2d. That this gastric juice is found in the stomach only when it is excited by the
presence of food or other irritants. 3d. The period required by the stomach
for digesting different substances, the effects of various agents and the pheno-
mena attending the different stages of digestion. These observations were made
at intervals from 1825 to 1833, and were published in the latter year at Platts-
burgh. The government of the United States made a marked acknowledgment
of this eminent contribution to medical science.

Dr. Dyckman's dissertation on the pathology of fluids is held in high estima-
tion. In the same class of publications may be noted " An Essay on Poisons,"
by Henry W. Ducachet ; and " Experiments on the Blood," by Dr. Macneven.
Investigations, to considerable extent, have been made by Dr. Francis, on the
hydrostatic test of Hunter, to ascertain the viability of fetile and infantile life.

Independently of the connection of physiology with the medical art, the
science has recently acquired interest as a part of general education in our col-
leges and academies, and forms the subject of a popular treatise written by Dr.
Lee, of New- York, and introduced into the school district library. The diffu-
sion of such knowledge throughout the country, reacts upon the profession,
and encourages its members to more careful and accurate investigation of the
physical constitution.

Dr. Stringham of Columbia College, and of the College of Physicians and Sur-
geons in the city of New- York, delivered very interesting lectures upon medical
jurisprudence. The course of instruction upon the same science has been con-
tinued in that institution by John W. Francis and John B. Beck. Dr. Francis
has published several essays on subjects falling within that department ; and has

46 INTRODUCTION.

dwelt upon its relations to the science of obstetrics in his edition of the work of
Dr. Denman. Dr. Blatchford of Troy, in 1817, published an essay on feigned
diseases, which contains the results of much curious observation. T. Romeyn
Beck and John B. Beck have given us, under the name of the former, a volume
on the science of medical jurisprudence, which has contributed to modify, in
many important features, our code of criminal law ; and is admitted in Europe
to be the best work on the subject written in our language, and to display more
discriminating and patient research, free from ostentation of learning, than any
work in the same department now extant.

The periodical medical journals merit at least a passing notice. The Medical
Repository was begun by Drs. Smith, Mitchill and Miller, in 1797, and con-
tinued through twenty-three annual volumes. The American Medical and Phi-
losophical Register apjieared in 1810, and was conducted by Dr. Hosack and
Dr. Francis. The New- York Medical and Philosophical Journal was published
in 1809 and the two succeeding years, under the superintendence of Dr. Smith,
Dr. De Witt and Dr. Macneven. The New- York Medical and Physical Jour-
nal was commenced in 1822, and continued several years, by Drs. Francis, Beck
and Dyckman. The New- York Medical and Surgical Journal, extending to
four volumes, was published anonymously in 1840 and '41. The New- York
Medical Gazette is a contemporaneous work.*

So intimate has been the connection between political science and jurispru-
dence, and so much have the members of the legal profession been identified
with the patriots and statesmen who have overthrown a system incompatible with
the development of the state, and perfected a republican government in its place,
that we shall not assign to the bar a distinct place in these notes, but shall occa-
sionally advert to its condition and progress in a brief sketch of the political his-
tory of the state.

As we have seen, the germ of New- York was a shoot from a commercial
aristocracy. The Dutch, who had no popular liberty nor representative legisla-

* Notes concerning Surgery and Physiology were furnished by Thomas Hun, M.D.

INTRODUCTION. 47

tion at home, bestowed no thought on colonial representation. The company by
whom the colony was founded had an absolute power over its government.*

The form of government established was essentially feudal. Charters were
given to patroons, conveying large grants of land to be occupied by a tenantry,
over whom the proprietor exercised military and judicial authority, personally
presiding in his courts of justice ; but in important cases an appeal was re-
served to the governor.f Such jurisprudence, as was then known in the colony,
was derived from the Roman civil law.f The institution of human slavery
was contemporaneous with the foundation of the colony, " the company pledging
itself to furnish the colonial manors with negroes, if the traffic should prove
lucrative." No legal provision was made for the diffusion of religion or knowledge.
The jealous spirit of commercial monopoly in Holland forbade the colonies to
make any woolen, linen or cotton fabric, on penalty of exile ; and to impair the
monopoly was punishable as a perjury.§ The first fruits of such a charter were
seen in the venality of the directors and agents of the company, who soon ap-
propriated to themselves, under pretence of founding settlements, all the impor-
tant points where the natives came to traffic, and jars and dissensions between
the feudal possessors and the government necessarily followed. Nor did the inha-
bitants of the province immediately gain political advantages from the conquest
by the English. Nichols, by whom the reduction of the colony was effected, and
who was the first English governor, during his short stay in New- York, enriched
himself as did many of his successors, by making new grants of land and exacting
compensation for confirming those previously made. The governor chose his own
council, and exercised executive and legislative powers. A court of assize was
constituted, but the justices were appointed by the governor and dependent on
him, and served only to increase his importance while diminishing his responsi-
bilities. He called a convention of two deputies from each town, but conceded
to that body no legislative powers ; and the assembly, after settling the civil divi-

• Bancroft. t Barnard's Discourse. J Kent. § Bancroft.

48 INTRODUCTION.

sions of the colony, concluded their labors with a loyal address to the proprietor
and retired, without having transcended the limits assigned by his representative.
Yet the inhabitants had suffered so long the inconveniences of arbitrary govern-
ment, and indulged such high expectations of participating in the enjoyments of
the rights of subjects, on becoming a part of the British empire, that a spirit of
liberty was awakened among them, which was never afterwards to be repressed.

Governor Lovelace, the successor of Nichols, continued to exercise the same
unlimited authority, and levied taxes and imposed duties, without consulting the
inhabitants. The people assembled, in many places, and addressed to the court
of assize, petitions, in which they reprobated their exclusion from legislation, and
the principle of taxation without consulting the people, as inconsistent with the
English constitution. Failing to obtain any important concessions, the inhabitants
in several towns resolved to withhold payment of taxes. These resolutions were
laid before the court of sessions of the West Riding, whose jurisdiction then
extended over Staten Island, Newtown and Kings county. That court, assisted
by the colonial secretary, and one of the council, adjudged the representations
scandalous, illegal and seditious ; and the papers having been laid by the governor
before his council, were, in pursuance of their orders, burned by the common
hangman*

The new patent granted to the Duke of York, in 1674, made no concession
of popular rights, but confirmed his power to enact all such ordinances as he or
his assigns should think fit, reserving a right of appeal to the king and his council.
No person could trade with the province, without the proprietor's permission, and
he was authorized to establish such imposts as he should think necessary. The
arbitrary proceedings of Andros, in 1675, called forth meetings, in which the
people expressed a firm determination to persist in their claims for a representa-
tive legislature. Those claims were submitted, by the governor, to his patron.
James replied, "I cannot but suspect assemblies would be of dangerous conse-

* DONLAP.

INTRODUCTION. 49

quence ; nothing being more known, than the aptness of such bodies to assume
to themselves many privileges which prove destructive to, or very often disturb
the peace of the government, where they are allowed ; neither do I see any use
for them. Things that need redress may be sure to find it at the quarter sessions,
or by appeals to myself." The discontent of the colonists was not allayed by this
answer. The governor proceeded to England for instructions, and returned with
the information that the proprietor had condescended to limit to a term of three
years the existing arbitrary imposts ; a concession, which only served to excite
universal disgust. The influence of William Penn, however, prevailed upon the
Duke of York, and he granted, in 1683, what was called a "charter of liberties."
It declared that supreme legislative power should forever reside in the governor,
a council, and the people ; and gave to freeholders and freemen the privilege of
voting for representatives. The assembly consisted of seventeen members, a
number which was gradually increased to twenty-seven before the commencement
of the revolution ; and the charter declared that no tax should be assessed on
any pretence whatever, without consent of the assembly. But the governor was
appointed by the proprietor, and the council were appointed by the governor,
and both the governor and proprietor retained the right to negative all bills, and
to prorogue and dissolve the assembly. No sooner had the duke ascended the
throne of England, than he sought to overturn the constitution which had thus
been founded. He decreed a direct tax upon the colony, by ordinance, and
instructed the governor to reorganize the council, and to make laws, levy taxes, and
control the militia, with the consent of the council alone ; and added to these
instructions an injunction to suffer no printing press to be established in the colony.

The revolution of 1688 was hailed throughout the colony as the harbinger of
liberty. The general assembly was again reorganized, and the government
assumed forms somewhat conducive to the maintenance of law and order; but
still denying to the people rights enjoyed by their fellow subjects in England,
and maintaining a policy injurious to the growth and prosperity of the colony.
The governor was directed by queen Anne to take especial care that the Al-

Intr. 7

50 INTRODUCTION.

mighty should be devoutly and duly served according to the rites of the church
of England, and to give all possible encouragement to trade and traders, " par-
ticularly to the Royal African Company in England ;" which company was
expressly desired by the queen, " to take especial care that the colony should
have a constant and sufficient supply of merchantable negroes, at moderate rates."
No commodities were allowed to be imported into the colonies, or exported
thence, but in vessels built in England, or in some one of her colonies, and navi-
gated by British crews. The colonies were prohibited from exporting to any
other country than England, and imposts were established by the royal government

In 1703, the assembly, justly complaining of the misapplication of the colonial
revenue, insisted upon the establishment of a treasury. Governor Cornbury
refused to comply with this demand, saying to the assembly that " they talked
of their rights," but he knew of " no rights they had as an assembly but such as
the queen was pleased to allow." But the governor was nevertheless dependent
upon the assembly for supplies, and that body, unmoved equally by executive
influence and prerogative, became continually more democratic.

The judiciary of the colony consisted of such inferior courts as those held by
justices of the peace, courts of sessions, and courts of common pleas, and the
supreme court, which was as it now is, a court of general, civil and criminal
jurisdiction. In 1712, governor Hunter, by the advice of his council, and with-
out the consent of the assembly, and for the purpose of increasing the royal
power, erected a court of chancery, assumed to himself the powers of chan-
cellor, and appointed the requisite number of masters, with an examiner, regis-
ter and clerks.

The effect of this institution was to increase the power of the crown, and to
diminish that of the assembly. That body thereupon protested against the esta-
blishment of the court, as an act of royal usurpation ; but the lords of trade who
then had superintendence over the affairs of the colony, affirmed her majesty's
right to institute as many courts as she thought proper. The controversy on this
subject formed one of the grounds of the division of parties until the revolution.

INTRODUCTION. 51

The ignorance aud venality of the governors, and the extortions practised in the
court, tended greatly to increase the popular odium ; but governor Burnet was
exempt from these reproaches.

In 1724 a collision arose between the governor and the assembly, upon his
refusing to administer oaths to a member named De Lancey, who had been
returned as a member of the assembly, on the ground that he was not a subject
of the crown. The assembly claimed the right to judge of the qualifications of
its members. This right of the assembly was not afterwards questioned.

It is recorded, to the honor of governor Montgomerie, who entered upon his
administration in 1728, that he declined to officiate as chancellor until he received
positive directions from the ministry. About this period in the history of the
colony, the legal profession begins to claim attention.

Our first lawyer was Adrian Vanderdonk. He was educated at the University
at Leyden, and came to America in a bark belonging to the patroon of Rensse-
laerwyck, in 1642. He resided in the last mentioned manor several years, filling
the office of scout, which combined to some extent the duties of judge and sheriff.
He subsequently removed to New- York, then New- Amsterdam, where he acted
as chamber counsel, the government denying to him permission to appear in the
courts, because there was no other lawyer to confront him. He signalized him-
self in 1650, by a remonstrance to the States General, upon the abuses of power
in the colony, and in 1653 by his description of the New-Netherlands. The bar
of the colony in 1716, admitted to its honors William Smith, the father of the
historian, and James Alexander, father of Lord Stirling, who afterwards rose to
eminence.

Rip Van Dam, lieutenant-governor, performed the executive duties in the in-
terval between the death of Montgomerie and the arrival of colonel Cosby, who
was appointed the successor. Cosby had instructions to relinquish to Van Dam
one half of the salary and perquisites of the office, which had accrued during
his administration ; and, upon Van Dam's refusal to refund, assumed to clothe the
judges of the supreme court with the dignity of barons and the powers and juris-

52 INTRODUCTION.

diction of exchequer, similar to those of the court of exchequer in England,
in order to facilitate a recovery by the governor of his claims against his prede-
cessor. Smith and Alexander, of counsel for Van Dam, excepted to the exche-
quer jurisdiction of the court. Lewis Morris, then chief justice, supported the
exceptions, but was overruled by judges De Lancey and Fhillipse. This decision,
overruling the plea of Van Dam, excited high indignation among the people.
The governor, nevertheless, removed the chief justice, whom he could not over-
awe, and the subservient De Lancey was, without consulting the council, appointed
chief justice ; a promotion for which he manifested his gratitude, by directing all
his efforts to procure the indictment and conviction of Zenger for the libel be-
fore mentioned, and the detection of the authors of other libels in the Weekly
Journal. In 1735, Alexander and Smith, who appeared as counsel for Zenger,
filed exceptions to the commission of the judges, De Lancey and Phillipse, on
the ground that the tenure specified in the commission was during pleasure, and
not during good behavior, and for other causes. The judges met the exceptions
with the answer, " You have brought it to that point that either we must go from
the bench, or you from the bar," and excluded the contumacious lawyers, as has
been already mentioned. These proceedings, together with those on the sub-
sequent trial of Zenger, gave new violence to the political dissensions already
raging in the colony.

A bill was passed in the assembly for the frequent meeting and calling of the
general assembly ; but the council amended it in such a manner as to change its
effect, and it failed to become a law. In 1735, Mr. Garretson, a member from
Kings county, submitted a report to the effect, that the maintenance of a court
of chancery within the colony, without consulting the general assembly, was con-
trary to law, unwarrantable, and of dangerous consequence to the liberties and
the property of the people, and the house concurred in the report. Still gover-
nor Cosby, finding the assembly more practicable than he had a right to expect,
from the temper of the times, a succeeding one would be, continued that body,
for a period of six years, refusing to dissolve it, or issue new writs of election ;

INTRODUCTION. 53

which term was prolonged three years by his successor. These grievances justly
irritated the people, and are recorded in the declaration of independence among
the wrongs suffered at the hands of the king of Great Britain.

The general assembly of 1737, truly represented the spirit which then per-
vaded the people ; and its proceedings are regarded as constituting an important
era in the history of American legislation. In their address to the governor,
they affirmed that none ought to represent the people but such as were freely and
fairly chosen by them ; that elections ought to be frequent ; that experience had
shown the danger of trusting the same men too long with power ; and that pro-
per checks and balances were necessary for the preservation of the liberty and
happiness of any country. The assembly distinctly informed the representative
of the crown, that they would not raise sums unfit to be raised, nor put what
they should raise into the jjower of the governor to misapply, if they could pre-
vent it ; that they would not at any one time make provision for the support of
government for a period longer than a year, nor would they even for that period,
until such laws should be passed as were necessary to the safety of the inhabitants
of the colony. They asserted the importance of having an agent at the court of
Great Britain, appointed and paid by the house, independently of the governor.
They firmly remonstrated against the continuance of the court of chancery, as
then constituted, declaring that the governors in maintaining that court, without
the consent of the assembly, had treated that body with unreasonable neglect
and contempt, and affirmed that some of the governors were wholly unfit for the
duties of chancellor or of any other station, though buoyed up and bloated with
flatteries by the instruments of their misrule and oppression. The house now
first adopted the important principle of recording the votes of members. They
passed a bill to appoint an agent to the court of Great Britain, which was lost by
non-concurrence, as to its principal features, by the council ; demanded from
that body satisfaction, for the insult it had offered by transmitting messages by the
clerk, instead of a committee, limited supplies granted to the period of one year,
and inhibited the treasurer from paying any part of the funds collected, until

54 INTRODUCTION.

proper laws should be passed for that purpose. They passed a bill for the fre-
quent election of representatives, and the governor being intimidated gave it his
assent, but it was afterwards disallowed by the crown. After coming into direct
collision with the governor, the assembly was ordered to attend him, when he, in
an angry strain of invective and abuse, pronounced their proceedings presumptu-
ous, daring and unprecedented, and saying that he could not look upon them
without astonishment, nor with honor suffer them to sit any longer, he declared
the house dissolved.

One of our best historians* pronounces a high eulogium upon this legislative
body, declaring that its members properly appreciated their own dignity, and
that neither ministerial smiles nor frowns could sway them from the path of
duty. Yet the record contains one spot which the friends of rational liberty
would wish to see effaced. On a question concerning a contested seat, the assem-
bly resolved that Jews could neither vote for representatives nor be admitted as
witnesses.

The election showed that the assembly had not misunderstood the feelings or
sentiments of their constituents ; and the new legislature firmly adhered to the
principles which had been asserted. The maintenance of those principles ren-
dered the executive dependent upon the legislature, and thus an important step
was taken towards that independence which was afterwards established.

The institution of domestic slavery now began to produce its fruits of suspicion
and fear. By the laws regulating that institution, every colored person was a
slave, and a slave could not be a witness against a free man. The persons thus
held in servitude were punishable by their masters to any extent short of priva-
tion of life or limb. The disabilities of the slave were hereditary, and the race
was therefore plunged into hopeless bondage and degradation. This oppression
was supposed to be justified by the assumption that those thus injured were of
" the accursed seed of Cain." Several fires having occurred in 1741, the negroes

* John Van Ness Yates.

INTRODUCTION. 55

were suspected as incendiaries. The magistrates, the police, and the common
council, were seized with a panic which extended itself to the judges of the
supreme court and throughout the city. All the members of the bar, consisting
of Bradley, the attorney-general, and Alexander, Smith, Chambers, Nichols,
Lodge and Jamieson, were summond to attend and aid the court. The lawyers,
sharing the panic, volunteered to assist the public prosecutor by turns, and left
the accused defenceless. Convictions were easily procured upon confessions,
and the testimony of perjured informers extorted by threats and promises. The
court forgot not only its own dignity, but the claims of justice and humanity.
Four white persons, implicated in the supposed crimes, were executed. Eleven
negroes were burned at the stake, eighteen were hanged, and fifty were trans-
ported and sold into foreign slavery.

The legislature in 1741 manifested a disposition to inquire into the defects of
the jurisprudence of the colony, and Daniel Horsmanden, who was then a judge
of the supreme court, was authorized to collect and revise the laws in force, with
notes and references ; but that duty was not performed. It is asserted that the
inconveniences resulting from his continuance in office, in advanced age and
under growing infirmities, was the cause of the adoption of a principle still con-
tinued in our constitution, which disqualifies a judge on his attaining the age of
sixty years — a fact exceedingly interesting, as an illustration of the permanent
influence which occasional circumstances may exert upon the legislation of a
country.

In 1743, a law was passed for the relief of imprisoned debtors, and legacies
were made recoverable in courts of common law. The practice of instituting
prosecutions by information, which had been constantly regarded with jealousy
since the trial of Zenger, gave rise to a bill for regulating such proceedings, but
it was lost in the council through the influence of the lieutenant-governor. The
ministry, distrusting the loyalty of a people so bold in the assertion of their rights,
availed themselves of the alarm excited by the renewal of hostilities by France,
with a view to place the pretender upon the throne, and required that a law

56 INTRODUCTION.

should be passed, obliging the inhabitants of the province to take the oaths pre-
scribed by parliament, for the security of the government and of the protestant
relioion. The assembly complied, after a spirited debate, in which the measure
was resisted, because it seemed to impeach the loyalty of the province. The
collisions between the ministry and the governor on one side, and the assembly
on the other, continued without abatement. The governor, in 1749, renewed his
demand for provision for the support of government for five years, and when the
house refused, threatened the members with punishment, declaring that the crown
could abridge their rights and privileges at pleasure. The assembly resolved
that the governor's conduct was arbitrary, illegal and a violation of their privi-
leges.

In the instructions to governor Osborne, in 1753, the ministry persisted in all
the obnoxious demands which had been so long and uncompromisingly opposed
by the assembly. The year 1754 was rendered memorable by the assemblage
of the congress of deputies of the several American colonies, at Albany, to devise
a plan of union for common defence against the French and Indians. A project
for a confederacy of the American colonies was prepared by Franklin. It em-
braced Massachusetts, New-Hampshire, Connecticut, Rhode-Island, New- York,
New-Jersey, Pennsylvania, Maryland, Virginia, North-Carolina and South-Caro-
lina ; and proposed that each colony should retain its constitution, but a general
government should be established, with a president-general and council, to be
appointed by the crown, and a grand council to be composed of representatives
elected by the assemblies of the several states. The apportionment of members
in that council is worthy of notice, because it shows the relative population and
strength of the colonies at that period, varying essentially from the relative impor-
tance of the several states at the present time. Massachusetts was allowed seven
representatives, New-Hampshire two, Connecticut five, Rhode-Island two, New-
York four, New-Jersey three, Pennsylvania six, Maryland four, Virginia seven,
North- Carolina four, South-Carolina four. The jiowerful machine thus projected
for the support of the British throne, was twenty-one years afterwards successfully

INTRODUCTION. 57

put in motion to resist the encroachments of parliament ; and it is not impossible
that the adaptation of the plan to such a purpose, induced its rejection by the
ministry, while the fear that it would strengthen the royal power caused it to be
disapproved with equal promptness by the colonial assemblies.*

The passage of the stamp act in 1765, which levied imposts in violation of a
principle which all the American colonies had asserted, and thus far persever-
ingly maintained ; and which provided for the execution of that impolitic mea-
sure by means and agents equally obnoxious, produced universal exasperation.

The act was printed and circulated in the streets of New- York, with the title
of " The Folly of England and the Ruin of America." A congress of deputies met
in New- York in October, 1765. New- York was represented by Robert R. Li-
vingston, John Cruger, Philip Livingston, William Bayard, and Leonard Lispe-
nard. Cadwallader Colclen, then lieutenant-governor, announced that the con-
gress was unconstitutional, unprecedented and unlawful, and he should give it no
countenance. The congress solemnly protested that the people of the colonies
were entitled to all the rights of Englishmen ; that no taxes could be imposed
upon them without their consent ; that their only legislative representatives were
the provincial assemblies ; and that the stamp act, passed by the parliament of
Great Britain, without the consent of those assemblies, was subversive of the
rights and liberties of the people. The manifestations of popular indignation
and resistance, obliged the lieutenant-governor, Colden, to surrender the stamps
which had been sent over for the use of the province — a concession which he
made under protest, and to avert the calamities of a civil war. The law was
successfully resisted, and in the subsequent year was repealed ; but the moment
of the final controversy was now hastening, and every effort of the ministry to
maintain the power of the crown, served only to inflame a spirit of resistance
which had become general throughout the colonies.

• DtJNLAP.

Intr. 8

58 INTRODUCTION.

The press was brought into political action, and prepared the public mind for
a conflict of arms. The royal cause was sustained by Dr. Miles Cooper, the pre-
sident of the college, and other clergymen of the Episcopal church. William
Livingston, afterwards governor of New- Jersey, Gouverneur Morris, and others,
defended the rights of the colonies. John Jay, having received an accomplished
education, and already acquired high rank at the bar, engaged on the same side ;
and at the same time, John Morin Scott and Alexander Hamilton, who then
was only seventeen years of age, entered the controversy. On the 25th of July,
1774, Philip Livingston, John Alsop, Isaac Low, James Duane and John Jay,
were appointed delegates to the first congress at Philadelphia. That body, in
adopting a declaration of the rights of the people of the colonies, laid the founda-
tions of independence and union. The committee who reported that paper,
were Richard Henry Lee of Virginia, and Messrs. Jay and Livingston of New-
York. An address was also made to the people of Great Britain. This state
paper, which was prepared by Mr. Jay, was distinguished alike for its elevated
tone and glowing language.

The general assembly of New- York was convened in 1775. Being in the
interest of the crown, that body refused a vote of thanks to the representatives
of the colony in the general congress, and by this, and other manifestations of
pusillanimity, so effectually forfeited all claims to the public confidence, that the
New- York committee of safety recommended that a provincial congress should
be elected by the people. Mr. Jay, being a member of this committee, and now
a third time elected a delegate to the general congress, surrendered himself to
the public service. He distinguished himself, and aided the popular cause, by
preparing an address to the people of Canada, invoking their neutrality ; and
afterwards by a similar address, which was made by congress to their fellow
subjects in Jamaica and Ireland. These papers were among the most effective
of those issued by congress ; and which at once inspired the people of the colo-
nies with confidence and zeal in their cause, and secured the respect of a large
portion of the people of the mother country.

INTRODUCTION. 59

The inhabitants of Queens county, on Long Island, had refused to appoint
delegates to the provincial congress, and the subject arrested the attention of the
general congress. Mr. Jay, from a committee, submitted a report, with a bold
and denunciatory preamble, " Whereas, a majority of the inhabitants of Clueens
county, in the colony of New- York, being incapable of resolving to live and die
freemen, and being more disposed to quit their liberties than to part with a little
proportion of their property, necessary to defend them, have deserted the Ame-
rican cause by refusing to send deputies as usual to the convention of that colony,
and evinced by a public declaration an unmanly design of remaining inactive
spectators of the present contest, vainly flattering themselves, perhaps, that should
Providence declare for our enemies, they may purchase their favor and mercy
at an easy rate ; and, on the other hand, if the war should terminate in favor of
America, that then they may enjoy, without expense of blood or treasure, all the
blessings resulting from that liberty, which they in the day of trial had abandoned,
and in the defence of which many of their more virtuous neighbors and country-
men had nobly died ; and it being reasonable that those who refuse to defend
their country should be excluded from its protection, and be prevented from
doing it an injury," &c. The committee, therefore, recommended measures
for putting the inhabitants of Queens county, who had voted against sending
deputies to the provincial congress, out of the protection of the united colonies, and
to disarm and subject the disaffected. The paper is a happy illustration of the
spirit of the times, and of the talents of its author. At the close of the year
1775, when all of the southern portion of New- York was in the hands of the
enemy, the American army had retired from Westchester, baffled in its attempt
in Canada, and general Washington was retreating through New- Jersey, the
proclamation of the British commander offering protection and rewards to the
timid and irresolute, the pen of Mr. Jay was again called into requisition by the
congress of the United States, and was effectually exercised in a glowing address
to their constituents ; a document of such extraordinary power, that, if it stood
alone, it would be an ample vindication of the firmness and patriotism of congress.

60 INTRODUCTION.

To such labors Mr. Jay added the preparation of the first constitution of
the state of New- York, which was adopted by the convention in 1777. This
work, although it was forty-four years afterwards superseded by another, cor-
recting some defects disclosed in its operation, nevertheless asserted the chief
popular rights, defined the relative powers of the various departments, and esta-
blished the great principles of fundamental law as they yet exist, and will con-
tinue for all time to come.

It is time, however, to notice other actors who had come upon the stage. Philip
Schuyler had secured to himself a thorough knowledge of the French language,
then a rare accomplishment in this country, together with varied learning and
extensive knowledge of the exact sciences. His favorite studies were finance,
military engineering and political economy. He had been distinguished in the
provincial military service, and first drew to himself the attention of his fellow-
citizens, by his efforts in the general assembly in 1775, in the debates which
brought the struggle between the ministerial and whig parties to a crisis. George
Clinton, afterwards governor, and Nathaniel Woodhull, afterwards president of
the provincial congress, were associated with Schuyler in these debates, which
involved not only the immediate causes of irritation, but also the fundamental
principles of the British constitution, and of free representative government. To
the spirit manifested on that occasion by the indomitable minority, may be attri-
buted in a great measure the acquiescence of the people in the bold recommenda-
tion for discarding the general assembly and instituting a new jjrovincial legisla-
ture. Thus was the boundary passed, a constitution subverted, and the colony,
with her sister provinces, arrayed in open defiance of the British government.

On the 9th of July, 1776, the provincial congress ratified the declaration of
independence, and immediately assumed the title of the convention of the state
of New- York. A committee was appointed to prepare a constitution, and that
task was entrusted to John Jay, James Duane, Gouverneur Morris, and Robert
R. Livingston. The draft of the constitution was in the handwriting of Mr. Jay
and was submitted by Mr. Duane ; and those individuals, together with Gouver-

INTRODUCTION. 61

neur Morris and Robert R. Livingston, who also were eminent lawyers, gave to
that instrument the form in which it was adopted by the convention. Upon pro-
mulgating the constitution, the convention appointed a council of safety, which
was invested with all the powers requisite for the security and preservation of the
state, until a governor and legislature should be duly chosen and qualified to act
under the new constitution. This council, thus invested with absolute power,
nobly justified the confidence reposed in them by the convention, by the wisdom,
firmness, energy and moderation which they displayed in that trying emergency.
Their names were John Morin Scott, Robert R. Livingston, Christopher Tappen,
Abraham Yates, junior, Gouverneur Morris, Zephaniah Piatt, John Jay, Charles
De Witt, Robert Harpur, Jacob Cuyler, Thomas Tredvvell, Pierre Van Cort-
landt, Matthew Cantine, John Sloss Hobart and Jonathan B. Tompkins.

George Clinton was elected governor, John Jay appointed chief justice, and
Robert R. Livingston chancellor, under the new constitution. Philip Schuyler
was appointed, in 1775, a representative in the congress of the United States,
and soon afterwards major-general in the continental army. Mr. Jay subsequently
filled the trusts of chief justice of the United States, governor of New- York and
minister to the court of St. James. The name of Schuyler, although eclipsed
during the revolutionary contest by personal and partizan jealousies, is neverthe-
less destined to maintain a place in the military annals of that period, second only
to his, who is without a compeer in the homage of mankind. Woodhull fell a martyr
in battle, sustaining the cause he had so ably maintained in the councils of the
state. The genius of Gouverneur Morris, as well as that of Robert R. Livingston,
will be found impressed upon many a page, in which we are hereafter to record
the social, moral and physical improvement of the State.

If to Massachusetts belongs the honor of cradling the revolution, and to Vir-
ginia that of having given birth to the author of the declaration of independence,
and to the immortal chief who conducted the armies until its establishment, New-
York may, with equal justice, lay claim to the honor of having produced the
statesman who chiefly secured the adoption of the federal constitution, and put

62 INTRODUCTION.

it into effectual and successful operation. Alexander Hamilton, while yet a stu-
dent in Columbia College, defended the republican cause in a series of essays,
marked with so much ability and wisdom, that they were attributed to the pen
of John Jay, who was then in the fore ground in the councils of the state and the
union. Of the talents exhibited by Hamilton, as a confidential aid-de-camp of
the commander-in-chief, we have not room to speak. In 1782, the ardent yet
discreet Hamilton, became a member of the bar, and was elected a delegate
to congress, and acquired a commanding influence in that body. In 1786, he
was a member of the legislature of this state, and in the same year was a delegate
to the convention which formed the constitution of the United States. Disap-
pointed in procuring the adoption of what he deemed essential features of such
an instrument, he nevertheless acquiesced in the decisions of the convention, and
gave his free and unreserved assent to the constitution as it was promulgated by
that august body. It was a mighty task to prepare a form of government which
should guaranty the union, the liberties, and the happiness of a rising people ; but
a greater task remained. That people consisted of thirteen states, each of which
had a separate constitution, local interests, and peculiar institutions, and was
jealous of every thing which might, in the remotest degree, tend to diminish
power and influence, deemed essential to popular liberty and self preservation.
Whatever rendered the constitution acceptable to one or several states, awakened
the jealousies of others, while, throughout the whole union, the people divided into
two angry and violent parties ; the one apprehending that the federal power
would be too weak to preserve the national security — the other, that that power
would be too oppressive, and result in despotism, even more unendurable than
that which had been so recently overthrown. To reconcile these conflicting
opinions and interests, and procure the assent of the states to the constitution
which had been proposed, and when adopted to carry it into successful opera-
tion, under circumstances the most disheartening, was the task assumed by
Hamilton. He addressed to the people a series of letters under the signature of
the Federalist, in which he received important aid and cooperation from James

INTRODUCTION. 63

Madison and John Jay. In this admirable work he expounded the principles of
the constitution, and pointed out its application in all the various exigencies of
peace and war, and of domestic prosperity and discontent ; and such were the
sagacity and forecast thus manifested, that the Federalist still remains, after a
lapse of half a century, a great and authoritative commentary on the federal com-
pact. These labors were followed by others equally effective in the convention
of this state, which resulted in the acceptance of the constitution of the United
States by that body : efforts in which he was ably seconded by Robert R. Li-
vingston, while that measure was resisted with great ability by Melancton Smith
and his associates.

The people of the United States were not unaware of the difficulties which
would attend the organization of the new government, and, therefore, with the
greatest unanimity, called Washington from his retirement to preside in the public
councils in that emergency. While wisdom and energy were required in every
department, that, which was to be entrusted with the subjects of finance, was sur-
rounded with the worst embarrassments. The federal government and the
state governments were alike hopelessly encumbered with debts, and the credit
of both was prostrate. There was, as yet, no plan of revenue, no currency.
The country was filled with imported fabrics, while every department of domes-
tic industry was deranged. In what manner could a sufficient revenue be
provided for the necessary expenditures of the government in so trying an
emergency, and how was the exhausted credit of the country to be restored,
and its prosperity to be renewed and invigorated ? These were among the
leading questions, to be settled by the first congress that assembled after the adop-
tion of the constitution ; and they involved controversies in political economy,
rendered still more difficult by conflicting interests and discordant views concern-
ing the fiscal principles and powers of the government. Washington, with that
sagacity which never erred, had assigned these subjects to the consideration of
Alexander Hamilton, the first secretary of the treasury.

The work of Adam Smith, on the Wealth of Nations, published the year

64 INTRODUCTION.

before the revolution, though very deficient in methodical arrangement, and on
many points extremely discursive, was, nevertheless, justly considered as consti-
tuting the foundation of a system of political economy, and establishing land-
marks for the guidance of subsequent investigation.

Hamilton discussed, with surpassing ability, the fiscal policy of the government
in four reports. The first of which was on the public credit ; the second, on a
national bank ; the third, upon manufactures; and the fourth, on the establishment
of a mint. To point out the proper means for paying the public debts of the union
and of the states was the object of the first report. He recommended that no discri-
mination should be made between the creditors of the United States and those of
the several members of the confederacy, and that the new system of finance
should include the payment of all by the general government.

The report on a national bank commenced with the proposition that such an
institution would be of primary importance, for a prosperous administration of
the finances, and of eminent utility, connected with the operations for the support
of public credit, and maintained the expediency of establishing such an institu-
tion, in a train of powerful arguments, derived from a view of the benefits which,
it was alleged, resulted to trade and industry from public banks, as well as those
affecting credit, which, as was supposed, such an institution would afford in the
peculiar circumstances of the country. The whole subject of banking, the uses
and relation of specie and circulating notes, their respective advantages and in-
conveniences as a currency, the arguments in favor of banks, and the objections
to which they were obnoxious, were all thoroughly discussed. The president
had required written opinions from the members of the cabinet, concerning the
constitutionality of a bank. Mr. Jefferson, secretary of state, and Mr. Randolph,
attorney-general, in their opinions denied the power of congress to establish such
an institution. Hamilton's report may be considered a reply to these opinions,
and whatever may be the merits of that still vexed question, this paper is univer-
sally conceded to be an able vindication of the side of the argument which the
author adopted.

INTRODUCTION. 65

In the report on manufactures, Hamilton reviewed at length the positions
assumed by Adam Smith, " that individuals were better judges, than statesmen
or lawgivers could be, of the species of industry which their capital could em-
ploy to the greatest advantage ; that as every individual was constantly exerting
himself to find out the most advantageous use for his capital, the study of his own
advantage would necessarily lead him to prefer that employment which must be
most beneficial to the general society. That every individual, who had embarked
his capital in the support of domestic industry, naturally aimed so to direct it that
it might yield the greatest possible profit ; that what was prudent and economical
in a private family could scarcely be otherwise in that of a great country ; that
if a foreign country could furnish us with a commodity at a cheaper rate than we
could manufacture it, it would be for our interest to purchase it with some part
of the produce of our own industry, employed in a more profitable manner than
in making the commodities referred to ; and that to give the monopoly of home
market to the produce of domestic industry in any art or manufacture, would
be giving an artificial direction to private capital that must be either useless or
injurious." From which, and similar positions of a like nature, Smith had drawn
the conclusion that the application of private capital and labor ought to be as
little as possible controlled or restrained by regulations of government. Hamil-
ton discussed these doctrines with great ability. He admitted that if the reason,
by which the principle of free trade was defended, had more generally governed
the conduct of nations, they might have advanced with greater rapidity to pro-
sperity and greatness than they had done by the pursuits of maxims too widely
different. But he insisted that most theories had very many exceptions, and
that very cogent reasons might be urged against the hypothesis that manufactures
would grow up without the aid of government, "as soon and as fast as the natural
state of things and the interest of the community may require." He showed, as
objections to its truth, the influence of habit, the fear of failure in untried enter-
prise, the difficulties inseparable from competition with those who have attained
perfection in the business to be undertaken, and the bounties, premiums and arti-
Intr. 9

66 INTRODUCTION.

ficial encouragements with which foreign governments supported their own sub-
jects, in divisions of industry in which they might be rivalled or surpassed. He
also examined the hypothesis of the superior productiveness of agriculture, and
maintained with elaborate reasoning that the general arguments brought to esta-
blish it were not satisfactory. He discussed the relative advantages of foreign
and domestic markets, and the circumstances peculiar to the condition of the
country, which, in his judgment, rendered the interposition of the government for
the protection of national industry expedient and necessary. On all these ques-
tions the report covered the whole ground of controversy, and so full and forcible
was its argument, that it is now referred to as authority, and as a text book by
those who maintain the necessity of protecting American industry.

General Hamilton's report on the establishment of a mint discussed, 1st, What
ought to be the money unit of the United States ; 2d, The proper proportion
between gold and silver ; 3d, The composition and proportion of alloy in each
metal ; 4th, How the expense of coinage should be defrayed ; 5th, The number,
denomination, sizes, and devices of the coins ; and 6th, Whether foreign coins
should be permitted to be current, and at what weight.

These reports of general Hamilton determined the fiscal policy of the United
States. The federal government funded its own debt and those of the states. A
bank was established, and throughout its career, rendered to the government and
to the commerce of the country the services contemplated. A tariff for revenue,
incorporated upon the principle of protecting domestic industry was established,
and a mint was founded which furnished a sufficient supply of the precious metals
for the proper coinage of the government. The 'credit of the union and of the
states was speedily renewed and invigorated, and the public debt incurred in the
revolutionary war, largely increased in the war of 1812, was finally paid off and
discharged during the presidency of general Jackson; and the universal prosperity
consequent upon the measures thus adopted, is now a subject of history.

The legislature of New- York, as soon as the revolutionary conflict had ended,
devoted itself to the duty of modifying the jurisprudence and civil polity of the

INTRODUCTION. 67

state, in harmony with the principles of the constitution and the beneficent spirit
of the age. Peter Van Schaack, an eminent lawyer, had been directed, in 1774,
to revise the statute laws of the province, a task which he performed with ability
and accuracy.

It would be impossible, on this occasion, to review in detail the changes of
municipal law which have been made ; changes so great as to have created a
code as peculiarly distinct and national as the civil law or the common law of
England. The entire criminal code has been revised and ameliorated, by the sub-
stitution of a humane penitentiary system, with moral discipline and religious
instruction established in lieu of a system which denounced the penalty of death
for almost every form of municipal offence ; and the new system has been re-
cently improved by establishing a separate institution for the reformation of
female offenders, under the exclusive care of persons of their own sex. The
relations of debtor and creditor have been modified, and while frauds and dis-
honesty have been subjected to rightful punishment, the honest but unfortunate
debtor is relieved from oppression. The relations of landlord and tenant have
been divested of every remnant of feudal service, and conformed to the equal
spirit of republican institutions. The laws concerning insane persons, copied
from an English statute passed in the reign of queen Anne, by which those un-
happy persons who were bereft of reason were classed with " vagrants and dis-
orderly persons," and required to be imprisoned to protect society against their
violence, have been modified ; and an institution has been erected in which they
are cured of their mental and physical maladies, with all the aids which modern
science has devised in that interesting department of the healing art.

Preferences of primogeniture and of sex in regard to descents have been abo-
lished, and judicious precautions have been adopted to prevent the too great ac-
cumulation and too long duration of estates. The rights of married women have
been enlarged. The alienation of land has been relieved from embarrassments
and obstructions ; and the general registration of deeds and incumbrances has re-
sulted in promoting the convenience of acquiring and the disposing of real estate.

(J8 INTRODUCTION.

Joint tenancies have been changed into tenancies in common. Lands mortgaged
for the payment of debts have been placed at the disposal of the mortgagee and
executor. Obstructions in the way of executions upon property, have been re-
moved. Technicalities in conveyances have been dispensed with. The intri-
cate statutes in regard to uses and trusts, have been simplified. The system of
pleadings and practice in courts of law and equity, has been rendered less
tedious and expensive.

Samuel Jones was distinguished as the prominent leader in these improve-
ments in jurisprudence, and especially as the author of the statute for the amend-
ment of the law and the better advancement of justice, and the laws relating to real
estate. But there is one feature in this progress of improvement too prominent
to be passed without more special notice. The first public evidence that justice
was awakened in regard to the bondage of the African race, was manifested in
a law passed during the revolution, by which slaves were invited to enlist in the
provincial forces, with the consent of their masters, under a promise of emanci-
pation after the term of their military service. When the constitution of the
United States was formed, enlightened men throughout the union could not close
their eyes against the evils which must obviously flow from guaranteeing, in that
instrument, the perpetual maintenance of slavery ; and while a portion of the
states refused to enter the compact, except upon receiving concessions which they
deemed sufficient to secure themselves against an early abolition of slavery by the
power of the general government, this state, and others, refused to assent to a phra-
seology which could be construed to forbid emancipation ; and all agreed to confer
upon congress the right to inhibit the importation of slaves after the year 1808.
The right of suffrage, under the first constitution of this state, was granted to free
citizens, without distinction on the ground of color or descent. Mr. Jay was
absent when the constitution prepared by him was adopted by the convention.
In a letter addressed to two members of that body soon afterwards, Mr. Jay,
after objecting to some features of the constitution, said, "the other parts I
approve, and only regret that like a harvest cut before it was all ripe, some of

INTRODUCTION. 69

the grains have shrunk. I should have been for a clause against the continuance
of domestic slavery." In 1788, the legislature passed an act which struck at the
foreign slave trade, but not at the existence of the institution of slavery itself.
This act declared "that if any person should sell, within this state, any negro or
other person, who had been imported or brought into the state after the first of
June, 1785, such seller should be deemed guilty of a public offence, and the
person so imported or sold should be reprieved." Having been elected to the
office of governor in 1795, John Jay diligently prosecuted his philanthropic pur-
pose of procuring the abolition of slavery. Unwilling to expose that measure to
the spirit of party, he did not recommend it in his first speech, but it was intro-
duced by one of his friends into the house of assembly. After a protracted
discussion, the bill was defeated, and a resolution was passed " that it would be
unjust to deprive any citizen of his property without a reasonable pecuniary
compensation to be rendered at the expense of the state." The effort was re-
newed in 1797, but was successfully resisted, and no vote was taken on the
merits of the question. John Jay had long since declared, " that were he a mem-
ber of the legislature, he would introduce a bill for the gradual abolition of
slavery, and would never desist from urging its passage until it became a law, or
he ceased to be a member." True to the principle thus avowed, he, in 1798,
caused a bill to be introduced for the fourth, and, happily, for the last time. It
was passed by majorities of ten in the senate and twenty-six in the assembly, and
may be justly regarded as the crowning event of John Jay's administration.
Slavery, however, still lingered, under some reservations contained in the law,
until in March, 1817, during the administration of Daniel D. Tompkins, the
annihilation of this form of bondage was effectually secured by an act emancipating
" every" negro, mulatto or mustee within the state, born before the fourth of July,
1799. The new constitution of the state adopted in 1821 took a retrogade step
in requiring of colored persons a property qualification of two hundred and fifty
dollars as a condition of suffrage, while white citizens were allowed to vote with-
out any such possessions. In 1840, with a view to the better protection of per-

70 INTRODUCTION.

sons unlawfully claimed by virtue of the constitution of the United States as
fugitives from service in other states, the legislature extended to those claimed
as such fugitives the privilege of a jury to try the question of servitude. In
1841, a law, which until then had been in force, permitting persons from other
states, traveling within this state, to exercise rights as masters over slaves attend-
ing them, for a period not exceeding nine months, was repealed ; and about the
same time the executive authority decided that the state could not surrender, as
a fugitive from justice, a person charged with stealing a slave as property ; be-
cause this state could not admit that by the force of any human constitution or
laws, one human being could become the property of another.

Robert R. Livingston filled the office of chancellor from 1777 to 1801 ; John
Lansing junior, from 1801 to 1814 ; James Kent, from the latter year to 1823 ;
Nathan Sanford, from that period to 1826, when Samuel Jones was appointed,
who, in 1828, gave place to Reuben H. Walworth, the present chancellor.

The office of chief justice was, in 1777, assigned to John Jay, who was suc-
ceeded in 1779 by Richard Morris, who performed its duties until 1790, when
Robert Yates was appointed. His successor was John Lansing junior, who held
the office from 1798 to 1801, when the office devolved upon Morgan Lewis, who
was, in 1804, succeeded by James Kent, who being appointed chancellor in
1814, resigned the office of chief justice, and was succeeded by Smith Thomp-
son, afterwards secretary of the navy, and now one of the judges of the supreme
court of the United States. Ambrose Spencer was appointed chief justice in
1819, and in 1823 was succeeded by John Savage, who resigned in 1837, and
Samuel Nelson, the present chief justice, was thereupon appointed. The fol-
lowing persons have filled the offices of justices of the supreme court, and were
appointed in the order in which they are named : Robert Yates, John Sloss Ho-
bart, John Lansing junior, Morgan Lewis, Egbert Benson, James Kent, John
Cozine, Jacob RadclifF, Brockholst Livingston, Smith Thompson, Ambrose Spen-
cer, Daniel D. Tompkins, William W. Van Ness, Joseph C. Yates, Jonas Piatt,

INTRODUCTION.

71

John Woodworth, Jacob Sutherland, William L. Marcy, Samuel Nelson, Greene
C. Bronson and Esek Cowen.

The office of attorney-general has successively devolved on Egbert Benson,
Richard Varick, Aaron Burr, Morgan Lewis, Nathaniel Lawrence, Josiah Ogden
Hoffman, Ambrose Spencer, John Woodworth, Matthias B. Hildreth, Abraham
Van Vechten, Martin Van Buren, Thomas J. Oakley, Samuel A. Tallcott,
Greene C. Bronson, Samuel Beardsley, Willis Hall and George P. Barker.

While the legislature was busily engaged in modifying the municipal law, the
higher courts were not less assiduous in expounding the new statutes. But the
materials for writing the judicial history of the state previously to 1805, are very
scanty, and are chiefly traditionary. The practice in the supreme court was
modeled after that of the king's bench in England, and its complexity and un-
certainty rendered it difficult of attainment. Not only was the practice in the
court of chancery more mysterious, but the principles of equity, and the rules
controling their application, were to be learned by the few only who at that day
had access to expensive English works. The science of the law at that early
period was less understood than now, while its professors were held in high vene-
ration, as the priests of mysteries too profound to be explored by common minds.
In 1794, "A treatise on the practice of the supreme court of judicature of the
state of New- York, in civil actions," was published " by William Wyche, of the
Honorable Law Society of Grey's Inn, London, and citizen of the United States of
America," and with the motto " Lex mundi harmonia." This little work was
well executed, and there are yet some among us who found it useful in relieving
them from the difficulties of separating what was applicable here from the intri-
cate forms of practice in the English courts.

William Coleman and George Caines, in 1794, commenced collecting reports
of cases of practice in the supreme court, and published the results in 1805.
George Caines also gathered notices of important cases adjudicated in the court
for the correction of errors. The same author, in 1808, published a treatise on
the practice of the supreme court. The occasional reports thus published, pre-

72 INTRODUCTION.

pared the way for more regular and careful reports by William Johnson, of the
decisions made in the three higher tribunals of the state. Those of the supreme
court, and court for the correction of errors, now fill fifty volumes, of which
twenty were published by Mr. Johnson, nine by Esek Cowen, twenty by John
L. Wendell, and one by Mr. Hill, the present reporter.

Chancellor Kent introduced the system of reporting in the court of chancery,
and we have now fifteen volumes of such reports, seven of which were prepared
by William Johnson, one by Samuel Miles Hopkins, and seven by Alonzo C.
Paige. These various reports contain a large mass of adjudications on constitu-
tional law and statutory enactments and the application of the common law, and
principles of equity, to the multifarious questions of rights and duties arising in a
rapidly increasing community ; and are held in the highest respect by the people
of this state, and deemed a necessary part of the library of every lawyer in the
United States. The talents and learning of judge Benson have always been held
in high respect ; but the honor of introducing method and order into our juris-
prudence, and elucidating its principles and their application, rests chiefly with
James Kent and Ambrose Spencer, and their associates on the bench of the su-
preme court. Since their retirement from the judiciary, the responsibilities of
judges have vastly increased in regard to the number of causes to be heard and
adjudicated ; and although generally it is hazardous to speak of contemporaries,
yet we may safely affirm that the courts have continued to maintain an eminent
character for profound and varied learning.

The names of some of our lawyers have been already mentioned. We may
add those of Richard Harrison, Richard Varick, Thomas Addis Emmet, John
Wells, John V. Henry, Elisha Williams, Abraham Van Vechten, Henry R. Storrs,
Samuel Miles Hopkins, Thomas R. Gold, who are deeply lamented not only
as eminent lawyers, but as useful and honored citizens. Our contemporaries
will perhaps allow us to add the names of some who, although living have with-
drawn from the contests of the forum, and whose established fame is now the

INTRODUCTION. 73

property of the bar of the state, such as Samuel Jones, Thomas J. Oakley, Mar-
tin Van Buren, John Duer and John C. Spencer.

Chancellor Kent retired from the arduous and honorable duties of the court
of chancery, unwearied by judicial labors and unimpaired by age, although he
had reached the climacteric at which the constitution declares an incumbent
disqualified. He then employed himself in reducing to a system the confused
mass of American jurisprudence, as it was found in the reports of the United
States tribunals, and of the courts of more than twenty of the states. This
great work he accomplished so successfully, that his commentaries have super-
seded, as an elementary book, all other compilations, and is received with the
respect due to authority throughout the union. Our law libraries are chiefly
made up of English works, reprinted with notes of American decisions and statutes.
There have been few original publications on elementary law, and the list of
writers in the legal profession is by no means extensive. We have a profound
and philosophical essay on the law of contracts by Gulian C. Verplanck, who
has also distinguished himself by many elaborate opinions, delivered while he was
a senator, in the court of errors; a treatise on the constitution of the United
States, by Alfred Conkling ; an essay on new trials, and a treatise on the prac-
tice of the supreme court, by David Graham junior ; a manual of law for the
use of business men, by Amos Dean ; " The office and duties of masters in chan-
cery," and a treatise on the practice in chancery, by Murray Hoffman ; Blake's
chancery practice; Dunlap's practice; and a work on the same subject, by Paris
& Duer.

Leaving this imperfect notice of the bar and its learning, and returning to the
subject of political science, we may mention "A sketch of the finances of the
United States, by Albert Gallatin," published in 1796, which, on account of the
general views it contains in respect to revenue and taxation, deserves to be classed
among discussions in the science of political economy. The sketch referred to
contained a very comprehensive and lucid view of the financial system of the
United States, as put in operation after the organization of the government under

Intr. 10

74 INTRODUCTION.

the constitution. It did not merely set forth the actual condition of the finances,
but was interspersed with much clear and forcible reasoning in relation to the
wisdom of particular features of the revenue system, as it then existed. The
subjects of taxation and public debt and their effects, the different species of
revenue, and the expenditures of the government, were discussed by Mr. Gallatin
with a degree of ability and acuteness, which indicated a familiar acquaintance
with financial questions, and strong powers of reasoning. The work contained
pointed objections to some of the early measures of the federal government,
which were recommended by general Hamilton, and particularly the assumption
of the debts of the states by the general government ; but its tone throughout was
calm, dignified and elevated.

From its bearing upon one of the great questions of the day, viz. the extent to
which protection to the manufacturing industry of the United States was neces-
sary — the following position assumed by Mr. Gallatin is deemed worthy of
notice : " As every further increase of population in many of the states dimi-
nishes the relative quantity of land and of produce raised, and promotes the
establishment of manufactures ; our exports of raw materials, our importations of
those articles we can manufacture, and the revenue raised upon such articles,
although all of them gradually augmenting, will, unless favored by accidental
causes, increase in a ratio less than our population." He, however, maintained
that for the purposes of revenue the impost should be the principal reliance of the
country ; and that when this was carried as far as prudence would dictate, the
great source of taxes upon consumption must be considered as nearly exhausted,
and that the other great branch of revenue, lands, must be made to contribute
by direct taxation. On the subject of public debt, and its effects, Mr. Gallatin's
observations are able and philosophical.

In the year 1826, a discourse was delivered at Schenectady, before the lite-
rary societies of Union College, by Samuel Young, Esq. on the subject of political
economy. It traced the rise and progress of the science through its various
phases, from the commercial or mercantile theory, to the more orderly and ra-

INTRODUCTION. 75

tional system introduced by Adam Smith. The discourse was written with
purity and beauty of language, and illustrated with great clearness the received
principles of the science. Mr. Young pointed out the evil effects of a public
debt upon a community, and the indispensable duty of governments to practise
the most rigid frugality and economy. He objected to usury laws as tending to
promote the very evil they were designed to eradicate, and to eleemosynary esta-
blishments, maintained at the public expense, as encouragements to pauperism.
The general scope of Col. Young's address was in harmony with the principles
stated by Adam Smith, though he conceded that, in the incipient stages of a do-
mestic manufacture, it might need and properly receive the aid of government,
being left, as soon as it had passed the precarious period of infancy, to that free
competition and that keen sighted self-interest, which he believed to be the best
regulators of human industry.

An essay on credit, currency and banking, by Eleazer Lord, published in
1834 ; a treatise on political economy, by the reverend Alonzo Potter ; and sug-
gestions on the banks and the currency, published within the last year, by Albert
Gallatin, deserve a place among the writings of citizens of New- York, in the
department of political economy. These several works discuss questions which
yet remain subjects of political controversy, and present the various arguments
by which many conflicting opinions of the day are supported ; but all are distin-
guished by the spirit of candid inquiry, or honest conviction.*

The convention which assembled in 1821 to revise the constitution of the
state, presented an occasion when many of the fundamental principles of the
science of government before regarded as settled, were subjected to a close and
searching examination. Rufus King, who had been long distinguished as a senator
from this state in the senate of the United States, and as a representative of the
United States at the court of St. James, expressed in an opening speech what
were probably the prevalent feelings of the convention. " Although," said he,

* Notes on the history of the science of political economy were received from the Honorable John A. Dix, and from
Horace Greeley, Esq.

76 INTRODUCTION.

" I fully concur in the fitness and expediency of this convention ; and although I
am fully of opinion that the change of circumstances and political relations in
our country have imperiously required the interposition of the people to revise
the constitution, yet it is my hope that the convention may proceed with great
caution and moderation. Not only," said he, " are the great principles of free
government which arise from, and are sustained by, the intelligence and virtue
of the people, denied by the great nations of the old world, but a contrary and
most slavish doctrine is proclaimed and enforced by them; a doctrine which
falsely assumes that a select portion of mankind only are set apart by Providence,
and made solely responsible for the government of mankind. In contradiction
to this theory it is our bounden duty to make it manifest to all men, that a free
people are capable of self-government ; that they can make, and abate, and re-
make their constitution ; and that, at all times, our public liberties, when impaired,
may be renovated, without destroying those securities which education and man-
ners, our laws and constitutions, have provided."

The governor, chancellor, chief justice and justices of the supreme court,
under the old constitution, were a council to revise bills which passed both
houses ; and bills which were returned with objections failed to become laws,
unless they received the votes of two-thirds of the members. A committee pro-
posed to abolish this part of the constitution, and to confide the revising power
to the executive alone, but to retain the provision declaring that bills should
become laws if passed by two-thirds of the members of both houses. The pro-
position to abolish the council of revision was unanimously adopted. Ambrose
Spencer, then chief justice, admitted the expediency of separating the judges
from the legislative power, but opposed with zeal the vesting the power in the
governor, unless he was made more independent of the legislature. Peter R.
Livingston strenuously labored to obtain such a modification of the proposed
amendment as would permit bills, returned with objections, to pass, if they should
then receive the votes of two-thirds of the members elected to each house.
Jonas Piatt, then a justice of the supreme court, and member of the council of

INTRODUCTION. 77

revision, very earnestly insisted upon some more effective check on hasty and
improper legislation than he thought would be secured by the veto of the governor
dependent, (as it was supposed he would be,) on the legislature. Erastus Root
opposed these views and supported the amendment, declaring, with his customary
energy, that he deprecated the firmness which grew out of an independence of
the popular voice to oppose the popular will. Chancellor Kent expressed his
apprehension " that the sober minded people of the state would not be satisfied
to see so important a column of the constitution destroyed, without having it
replaced by something more efficient in its character, and useful in its operation,"
than the qualified veto which was proposed. James Tallmadge supported the
proposition in a speech of great ability, and evincing deep research into the history
of government. Daniel D. Tompkins, who was the president of the convention,
approved the principle of a qualified negative upon legislation, but opposed the
conferring that power upon the governor alone, and proposed to establish a
council to consist of the governor, lieutenant-governor, and attorney-general and
others. He also proposed to confine the powers of the governor's veto to cases
in which unconstitutional laws were offered for his signature. Abraham Van
Vechten, Samuel Young and John Duer, approved the plan proposed by the
committee, and it was finally adopted.

Under the former constitution, the pardoning power was vested in the governor,
except in capital cases. That power was now conferred on the governor, with
unlimited power to pardon in all cases except treason ; after a debate in which
Mr, Tompkins, Ogden Edwards, David Buel junior, Samuel Nelson and Peter
R. Livingston, endeavored to procure an amendment, by which the governor
should be obliged to assign reasons for granting executive clemency ; which pro-
position was opposed by Mr. Kent, Mr. Piatt and others, Mr. Root endeavored
to retain the legislative power of pardon in capital cases.

The power to prorogue the legislature, conferred by the old constitution, was
abolished, on motion of Mr. Root; but the convention was at one time almost
equally divided on the question.

78 INTRODUCTION.

The term of the executive office, under the old constitution, was three years.
It was now reduced to two; thirty-one members voting in favor of continuing
the term three years ; sixty-one voting to fix the term at two years, and fifty-
nine for reducing it to one year.

Mr. Root made an unsuccessful effort to procure a provision in the constitution,
inhibiting courts from granting new trials, after two verdicts had been rendered.
Mr. Duer made a like effort to incorporate in the constitution an article, declar-
ing that indictments should not be found for what was resolved in meetings of the
people, peaceably convened to consider the action of the government.

The debates in the convention disclosed the fact, that there were three opinions
among its members on the question of suffrage. One of them contemplated re-
taining the qualification of a freehold, valued at two hundred and fifty dollars, as
a condition of suffrage for senators. Nineteen members voted for this proposition,
viz. Messrs. Bacon, Fish, Hees, Hunter, Huntington, Jay, Jones, Piatt, Rhinelan-
der, Rose, Sanders, I. Smith, Spencer, Sylvester, Van Home, Van Ness, Van
Vechten, E. Williams and Woods. A second opinion was favorable to universal
suffrage by white persons. This opinion was supported by Mr. Root, Mr. Tomp-
kins, Mr. Radcliff and Mr. Young. The third opinion was conservative and mid-
way between the extremes ; and it was supported by Mr. Van Buren, King,
Sutherland, Duer, Nelson and Nathan Williams. The result was a compromise
between these conflicting opinions. But so strong was the popular sentiment in
favor of universal suffrage, that the constitution was amended five years after-
wards, so as to dispense with all other restrictions than those which are specified
in our synopsis of that instrument.* The exclusion of colored persons from suf-
frage, unless they had freeholds valued at two hundred and fifty dollars, was
carried by a vote of seventy-one to thirty-three, and was based upon the ground
that the African race were in a condition of hopeless degradation and ignorance.
The proposition was opposed with great zeal and ability by Peter A. Jay.

* Hammond's History.

INTRODUCTION. 79

One of the chief causes of discontent under the old constitution, was the man-
ner in which the appointing power had been exercised by the council of appoint-
ment, which consisted of the governor and four senators chosen by the assembly.
The council was abolished with great unanimity, many offices were rendered
elective, and the power to fill others was distributed among several dej>artments
and functionaries, without important division among the members as to the prin-
ciples of distribution.

It would be inconvenient to extend our notice of the convention. What has
been written, will, perhaps, be sufficient to show the spirit which prevailed in its
deliberations, and to indicate some of the members who were influential in giving
direction to its measures.

The year 1825 was signalized by the commencement of an undertaking which
marks an era in the jurisprudence of the state. An act was passed, directing that
all the existing statute laws should be revised and reduced into the form of a
code, to be submitted to the legislature for review. This important duty was
confided to John Duer, Benjamin F. Butler and Henry Wheaton. Mr. Wheaton
resigned the trust, and his place was filled by John C. Spencer. The gentlemen
thus constituting the commission, were three years engaged in performing its
duties ; and the legislature, on receiving their reports from time to time, passed
upon the same, until in January, 1829, a perfect code was completed in four
parts, as follows : Part I. Concerning the territorial limits and divisions, the civil
polity, and the internal administration of the state ; Part II. Concerning the ac-
quisition, the enjoyment, and the transmission of real and personal property, the
domestic relations, and other matters connected with private rights ; Part III.
Concerning courts, and ministers of justice, and proceedings in civil cases ; and
Part IV. Concerning crimes and punishments, proceedings in criminal cases and
prison discipline. The execution of this intricate and extensive work, has been
regarded by many enlightened men as a great advance towards the establishment
of an unique and complete code. But the public mind is not now engaged in
considering the practicability or expediency of such a measure.

80 INTRODUCTION.

The geographical position of the United States, and our principles of govern-
ment, are alike unfavorable to conquest and military ambition. The popular
mind has its action, therefore, directed towards physical improvement and the
melioration of the condition of society ; and in this state it has been especially
engaged in improving those interior communications necessary to the mainte-
nance of intimate political and social relations, the exchange of supplies, and pro-
vision for the public defence.

The destiny of our country seems to have been opened to the mind of Wa-
shington, with a clearness almost equal to that with which the varied career of
the chosen people was revealed to their prophetic leader on the sublime occasion
when he was required to resign the trust he had so long faithfully discharged.
Washington saw, that although the settlements of the United States had been
clustering on the Atlantic coast during almost two centuries, yet the region, far
more extensive, fertile and salubrious, which lay beyond the proper borders of the
thirteen states, would become the home of the larger portion of the American
family; and that if the natural barriers between that region and the east should
remain unchanged, the west would, at no distant period, refuse political connec-
tion with the maritime states ; but that if those barriers could be surmounted by
roads, and pierced by canals, connecting the inland lakes and rivers with tide
water, the wealth and population of the whole country would be vastly increased ;
ample provision would be made for defending every part of our extended bor-
ders ; and the states, new and old, would be bound " in an indissoluble union of
interest and affection." In 1783, when he had proceeded up the difficult navi-
gation of the Mohawk to Fort Stanwix, now the site of the village of Rome, and
had crossed to Wood creek, which flows into Oneida lake, and thence had
descended to the sources in this state of the Susquehannah, he gave expression to
this glowing thought : " Taking a contemplative and extensive view of the vast
inland navigation of the United States, I could not but be struck with the im-
mense diffusion and importance of it, and with the goodness of that Providence

INTRODUCTION. 81

who has dealt his favors to us with so profuse a hand. Would to God we may
have wisdom to improve them !"*

Ideas like these soon afterwards engaged the attention of philosophic minds
throughout the states, and it was perceived that in thus improving the inland
navigation of the continent, the route for a communication between the inland
waters and the sea, which should secure to itself the trade of the valley between
the Allegany mountains and the Mississippi, would become an object of zealous
competition.

The ocean, receiving homage through the valleys of the Mississippi and Ohio,
the Potomac, the Susquehannah, the Delaware, the Hudson and the St. Law-
rence, seemed to invite through those various channels the accomplishment of the
stupendous project.

By removing obstructions to the navigable flow of the continuous waters of
the great lakes and of the St. Lawrence, ship navigation might be grasped six
hundred miles up that river, and extended around the Falls of Niagara into the
waters of Lake Erie.

Citizens of Pennsylvania proposed to accomplish the same great purpose, by
alternative land and water communications, surmounting the Alleganies, and em-
ploying in the transit between the Delaware and the lakes the waters of the
Susquehannah and the Allegany.

The project of Maryland comprehended a diversion of trade from the Penn-
sylvania route at Pittsburgh, and a passage to tide water through the Potomac.

The comprehensive sagacity of Washington, as early as 1784, marked out a
plan for securing to Virginia the trade of the regions in the vicinity of the lakes,
by connecting the navigable waters of James river by portages, or other commu-
nications, with those of the Kenhawa, the Muskingum, and the rivers flowing

into lake Erie.f

The Mississippi offered an easy descending navigation almost from the shores
of the lakes to the Gulf of Mexico. But the keys of the St. Lawrence and the

* Washington's letter to the Marquis of Chastellux. t Washington's letter to Governor Harrison.

Intr. 11

82 INTRODUCTION.

Mississippi, which were the most obvious channels, were held by foreign powers,
and neither their enterprise nor the condition of their colonies favored the spirit
of competition which had been awakened in the new republic.

New- York furnished a navigation through the Hudson, one hundred and
eighty miles from tide water, and facilities for constructing a continuous channel
for inland navigation across an almost level isthmus, which separated the great
eastern lakes from the valley through which that river poured its deep and
ample volume into the ocean ; an isthmus, which in its various width no where
exceeded three hundred and sixty miles.

The proximity of the great lakes to the valley of the Hudson, was understood
at a very early period. Governor Burnet, in 1720, found the Six Nations receiv-
ing from French traders by the way of Montreal, merchandise which had been
carried there from Albany. The friendship of the Indians naturally followed
this commerce. Burnet, with a view-to detach the Iroquois from the French
interest, caused a fort to be erected at Oswego, and trading houses to be built at
the mouth of the Oswego river, " on account of its water communications, and
for the facility of transportation between the lakes and Schenectady, there being
but three portages in the whole route, and two of them very short."* Dr. Cadwal-
lader Colden, then surveyor-general of the province, addressed to governor Bur-
net a memoir on the fur trade, which contained an account of the western rivers,
portages and lakes, and in which we find this very bold suggestion : " If one con-
siders the great length of the river (the Mississippi), and its numerous branches,
he must say, that by means of the river and the lakes, there is opened to his view
such a scene of inland navigation as cannot be paralleled in any part of the
world."f Kalm and Carver, early European travellers, were struck with the
same peculiar features of our territory. Sir Henry Moore, governor in 1768, in
a speech to the provincial assembly, noticed the difficulties of trade with the Iro-
quois, in consequence of the obstructions in the navigation between Schenectady

♦ Dunlap. t C. D. Colden's Memoir of N. Y. Canals.

INTRODUCTION. 83

and Fort Stanwix, " occasioned by the falls of Canajoharie," under which de-
scription was undoubtedly meant the rapids at Little Falls ; and he suggested
that " the obstructions could easily be obviated by the use of sluices upon the
plan of the great canal of Languedoc."

In 1784, Christopher Colles, of New- York, submitted to the legislature pro-
posals for removing obstructions to the navigation of the Mohawk river, so that
boats of burthen might pass the same. That body mingled considerations of eco-
nomy with those of enterprise in their views of the subject, and offered to secure
to the projector and his associates, the perpetual profits to be derived from the
navigation of the river, if improved by them. At the next session the legislature
granted to Mr. Colles one hundred and twenty-five dollars, to enable him to pro-
secute his examination of the river. He appeared again before that body, and
before the public, with a proposition to form an association to improve the inland
navigation between Oswego and Albany ; and the publication is said to have ex-
hibited good foresight of the advantages which would result from the proposed
connection, as well as a right understanding of the facility with which it could
be accomplished. But no public action crowned his labors. The plan he pro-
posed was thought quite too visionary. He died in obscurity, and was interred
in "the burying ground of strangers," about 1820, while the project he had pro-
mulgated was, on a vastly more extended scale, proceeding to its consummation.*

George Clinton, governor, in 1791, stated to the legislature that the frontier
settlements, freed from apprehensions of danger, were rapidly increasing, and
must soon yield extensive resources for profitable commerce, and that this con-
sideration forcibly recommended the policy of continuing to facilitate the means
of communication with them, as well to strengthen the bands of society, as to
prevent the produce of those fertile districts from being diverted to other mar-
kets. The senate and assembly thereupon appointed a committee to inquire
what obstructions in the Hudson and Mohawk rivers ought to be removed. The

* C. D. Colden's Memoirs.

84 INTRODUCTION.

committee, consisting of Ezra L'Hommedieu, John Cantine, Philip Schuyler and
Alexander Webster, of the senate ; James Livingston, Jonathan Brown, Jacob
Delamater, John D. Coe, Zina Hitchcock, Samuel L. Mitchill and John Smith,
of the assembly, reported a bill, entitled " An act concerning roads and inland
navigation," which became a law, and which directed the commissioners of the
land-office to cause the country to be explored, between Fort Stanwix and Wood
creek, in Herkimer county, and a similar survey to be made between the Hudson
and Wood creek, in Washington county. The law further directed the commis-
sioners to make an estimate of the expense of constructing canals on those routes.
The commissioners submitted a favorable report, and governor Clinton, at the next
session, commended the subject earnestly to the consideration of the legislature.
Thereupon a law was passed, entitled " An act for establishing and opening lock
navigation within this state." The act commenced with the terse recital " Where-
as a communication by water between the southern, northern and western parts
of this state will encourage agriculture, promote commerce and facilitate a gene-
ral intercourse between the citizens ;" and provided for the incorporation of two
associations, the Western Inland Lock Navigation Company, and the Northern
Inland Lock Navigation Company. The purpose of the western company was
to open a lock navigation from the Hudson river to Lake Ontario and the Seneca
lake; and that of the northern company was to connect the same river with
Lake Champlain. The act appointed as directors in the two companies, Philip
Schuyler, Leonard Gansevoort, Jeremiah Van Rensselaer, Elkanah Watson,
John Tayler, Jellis A. Fonda, William North, Goldsbrow Banyar, Daniel Hale,
John Watts, Walter Livingston, Dominick Lynch, James Watson, Matthew
Clarkson, Ezra L'Hommedieu, Melancton Smith, David Gelston, Stephen Lush,
Cornelius Glen, Silas Talbot, John Frey, Douw Fonda, John Sanders, Nicholas J.
Roosevelt, Daniel McCormick, Marinus Willet, Jonathan Lawrence, Philip Van
Cortlandt, James Clinton, Abraham Ten Broeck, John Williams, Stephen Van
Rensselaer, Jacobus Van Schoonhoven, John Van Rensselaer, Abraham G. Lan-
sing, Henry Quackenbush, Robert R. Livingston, Philip Livingston, James Duane,

INTRODUCTION. 85

Alexander Macomb, Samuel Jones, Nicholas Low, Dirck Lefferts, William Duer,
Barent Bleecker, Henry Livingston, Peter Gansevoort, Peter B. Tearce, Alex-
ander Webster, George Ray, Thomas Tillotson, Matthew Scott, Zephaniah Piatt,
John Thurman, Albert Pawling and Zina Hitchcock. Out of this array of names
combining so large a representation of the talents, learning, patriotism, enterprise,
political influence and wealth of this state, it is not invidious to select that of
Philip Schuyler, who, now enjoying well earned military fame, exhibited the most
untiring devotion to the physical improvement of his country. The capital stock
of both the companies was $50,000, a sum so small as to show a very inadequate
estimate of the difficulties of the comprehensive scheme which was then sha-
dowed forth.

The art of constructing canals was little understood, and the topography of the
country was not accurately ascertained. The enterprise of the western com-
pany fell into discredit. Many of the stockholders forfeited their shares, but a
few, more persevering, prosecuted the undertaking, and established an imperfect
canal a little less than three miles long, with five locks, around the Little Falls;
a canal of one and a quarter miles, at the German flats ; a canal one mile and
three-fourths, from the Mohawk to Wood creek, and several wooden locks on that
stream. So defective were these works, that they were twice reconstructed
during the short period which intervened before the commencement of the Erie
canal ; and yet so costly, that the company expended four hundred thousand dol-
lars in opening a passage for loaded boats of small burthen, from Schenectady to
the Oneida lake. Although steadily favored by the legislature with loans and
subscriptions of stock, the company, becoming discouraged and exhausted, relin-
quished the design of extending their navigation to Lake Ontario. In 1798, an
association was incorporated to construct a canal around the Falls of Niagara, on
an application by James Watson, Charles Williamson, John Williams, Effingham
Embree and their associates ; but the law was not executed. The Northern
Inland Lock Navigation Company, after a brief effort to procure subscriptions,
abandoned the enterprise with which that association had been charged.

86 INTRODUCTION.

During several years after the western company had commenced its improve-
ments, charters were granted to associations which proposed to remove obstruc-
tions in the St. Lawrence, the Seneca and other rivers ; but none of those com-
panies achieved any effective improvement, except the Seneca Lock Navigation
Company, which made an imperfect navigation between the Oswego river and
the Cayuga and Seneca lakes.

To Gouverneur Morris, history will assign the merit of first suggesting a direct
and continuous communication from Lake Erie to the Hudson. In 1800, he an-
nounced this idea from the shore of the Niagara river to a friend in Europe, in
the following enthusiastic language : " Hundreds of large ships will, in no distant
period, bound on the billows of these inland seas. Shall I lead your astonishment
to the verge of incredulity 1 I will. Know then that one-tenth part of the ex-
pense borne by Britain in the last campaign, would enable ships to sail from
London through the Hudson river into Lake Erie. As yet we only crawl along
the outer shell of our country. The interior excels the part we inhabit in soil, in
climate, in every thing. The proudest empire of Europe is but a bauble com-
pared to what America may be, must be."* The praise awarded to Gouverneur
Morris must be qualified by the fact, that the scheme he conceived was that of a
canal with an uniform declination, and without locks, from Lake Erie to the
Hudson.f Morris communicated his project to Simeon De Witt in 1803, by
whom it was made known to James Geddes in 1804. It afterwards became the
subject of conversation between Mr. Geddes and Jesse Hawley, and this commu-
nication is supposed to have given rise to the series of essays written by Mr.
Hawley, under the signature of Hercules, in the Genesee Messenger, continued
from October, 1807, until March, 1808, and which first brought the public mind
into familiarity with the subjectj These essays, written in a jail, were the
grateful return, by a patriot, to a country which punished him with imprisonment
for being unable to pay debts owed to another citizen, and displayed deep re-

* Elkanah Watson's History of the CanaU. t Colden's Memoirs. t Letter of Simeon De Witt.

INTRODUCTION. 87

search, with singular vigor and comprehensiveness of thought, and traced with
prophetic accuracy a large portion of the outline of the Erie canal*

In 1807, Albert Gallatin, then secretary of the treasury, in pursuance of a
recommendation made by Thomas Jefferson, president of the United States,
reported a plan for appropriating all the surplus revenues of the general govern-
ment to the construction of canals and turnpike roads ; and it embraced in one
grand and comprehensive view, nearly without exception, all the works which
have since been executed or attempted by the several states in the union. This
bold and statesmanlike, though premature, conception of that eminent citizen,
will remain the greatest among the many monuments of his forecast and wisdom.

In 1808, Joshua Forman, a representative in the assembly from Onondaga county,
submitted his memorable resolution, " Whereas the president of the United
States did, by his message to congress, delivered at their meeting in October last,
recommend that the surplus moneys in the treasury, over and above such sums
as could be applied to the extinguishment of the national debt, be appropriated
to the great national project of opening canals and making turnpike roads : And
whereas the state of New- York, holding the first commercial rank in the United
States, possesses within herself the best mode of communication between the
Atlantic and western waters, by means of a canal between the tide waters of the
Hudson river and Lake Erie, through which the wealth and trade of that large
portion of the union, bordering on the upper lakes, would forever flow to our
great commercial emporium : And whereas the legislatures of several of our
sister states have made great exertions to secure to their own states the trade of that
widely extended country west of the Allegany, under natural advantages vastly
inferior to those of this state : And whereas it is highly important that those advan-
tages should as speedily as possible be improved, both to preserve and increase
the commercial and national importance of this state : Therefore, resolved, if the
honorable the senate concur herein, that a joint committee be appointed to take

* Jesse Hawlev lived to see the Erie canal completed, and two-thirds of it reconstructed and enlarged. He died in
1841.

88 INTRODUCTION.

into consideration the propriety of exploring and causing an accurate survey to
be made of the most eligible and direct route for a canal, to open a communica-
tion between the tide waters of the Hudson river and Lake Erie, to the end
that congress may be enabled to appropriate such sums as may be necessary to
the accomplishment of that great national object."

This resolution was adopted, and John Tayler, John Nicholas and Jonathan
Ward, on the part of the senate, and Thomas R. Gold, William W. Gilbert,
Obadiah German and James L. Hogeboom, on the part of the assembly, consti-
tuted the committee.

Mr. Gold submitted a report, not less eloquent in language than elevated in
sentiment, in which he stated, that while the subject presented to the government
of the United States, in removing natural barriers, and drawing together and
preserving in political concord the distant parts of a widely extended empire ;
an object inviting to patriotism, and interesting to its reputation, the commercial
interests of this state impelled to the most strenuous efforts in promoting the same
object. That in tracing the vestiges of ancient states, in whose councils munifi-
cence, guided by wisdom, presided, the remains of commercial improvement in
public canals, arid other undertakings, marked the advanced state of society, and
attested the empire of the arts of peace ; that while military achievement had
shed lustre on nations, works of public utility, tending to the happiness and wel-
fare of society, recorded the exercise of superior virtues, and afforded better
monuments of true and lasting glory ; that with these sentiments the citizens of
this state had witnessed with high satisfaction the conduct of the executive of
the United States, in recommending an appropriation of a portion of the surplus
revenue for improving, by canals, the inland navigation of the country ; and that
while this state would forbear to derogate from the claims of others, she felt
warranted in presenting to the government of the Union, her own territory, as
preeminently distinguished for commercial advantages.

In pursuance of a recommendation by the committee, a resolution unanimously
passed both houses, directing the surveyor-general, Simeon De Witt, to cause an

INTRODUCTION. 89

accurate survey to be made of the various routes proposed for the contemplated
communication. But how little the magnitude of that undertaking was under-
stood, may be inferred from the fact that the appropriation made by the resolu-
tion to defray the expenses of its execution, was limited to the sum of six hun-
dred dollars.

There was then no civil engineer in the state. James Geddes, a land surveyor,
who afterwards became one of our most distinguished engineers, by the force of
native genius and application in mature years, levelled and surveyed under in-
structions from the surveyor-general, with a view to ascertain, first, whether a
canal could be made from the Oneida lake to Lake Ontario, at the mouth of
Salmon creek ; secondly, whether a navigation could be opened from the Oswego
falls to Lake Ontario, along the Oswego river ; thirdly, what was the best route
for a canal from above the Falls of Niagara to Lewiston ; and fourthly, what
was the most direct route, and what the practicability of a canal from Lake Erie
to the Genesee river, and thence to the waters running east to the Seneca river.
The topography of the country between the Seneca river and the Hudson, was
at that time comparatively better known. Mr. Geddes' report showed that a
canal from Lake Erie to the Hudson was practicable, and could be made with-
out serious difficulty. In 1810, on motion of Jonas Piatt, of the senate, who
was distinguished throughout a pure and well spent life, by his zealous efforts to
promote this great undertaking, Gouverneur Morris, De Witt Clinton, Stephen
Van Rensselaer, Simeon De Witt, William North, Thomas Eddy and Peter B.
Porter, were appointed commissioners " to explore the whole route for inland
navigation from the Hudson river to Lake Ontario, and to Lake Erie." Cad-
wallader D. C olden, a contemporary historian, himself one of the earliest and
ablest advocates of the canals, awards to Thomas Eddy the merit of having
suggested this motion to Mr. Piatt, and to both these gentlemen that of engaging
De Witt Clinton's support, he being at that time a member of the senate.*

* Colden's Memoir.

Intr. 12

90 INTRODUCTION.

Another writer* commemorates the efficient and enlightened exertions, at this
period, of Hugh Williamson, who wrote with reference to the contemplated
improvement, papers, entitled " Observations on Navigable Canals," and also
" Observations on the Means of Preserving the Commerce of New- York," which
were published in magazines of that day. The canal policy found, at the same
time, earnest and vigorous supporters in the American and Philosophical Regis-
ter, edited by Dr. David Hosack and Dr. John W. Francis.

The commissioners, in March, 1811, submitted their report written by Gou-
verneur Morris, in which they showed the practicability and advantages of a
continuous canal from Lake Erie to the Hudson, and stated their estimate of
the cost at five millions of dollars, a sum which they ventured to predict would
not exceed five per cent of the value of the commodities which, within a cen-
tury, would be annually transported on the proposed canal. We may pause
here to remark, that the annual value of the commodities carried on the canals,
instead of requiring a century to attain the sum of one hundred millions, reached
that limit in twenty-five years. " By whom," added the commissioners, " shall
the needful expense of the construction of the work be supported 1 We take
the liberty of entering our feeble protest against a grant to private persons or
companies. Too great a national interest is at stake. It must not become the
subject of a job or a fund for speculation. Among many other objections there
is one insuperable, that it would defeat the contemplated cheapness of transpor-
tation. ***** It remains to determine whether the canal shall be at
the cost of the state or of the union. If the state were not bound by the federal
band with her sister states, she might fairly ask compensation from those who
own the soil along the great lakes, for giving permission to cut the canal at their
expense ; or her statesmen might deem it still more advisable to make the canal
at her own expense, and take for the use of it a transit duty, raising or lowering
the impost, as circumstances might direct, for her own advantage. This might

» Dr. Hosack.

INTRODUCTION. 91

be the better course if the state stood alone, but fortunately for the peace and
happiness of all, this is not the case. We are connected by a bond which, if the
prayers of good men are favorably heard, will be indissoluble. It becomes
proper, therefore, to resort for the solution of the present question to the princi-
ples of distributive justice. That which presents itself is the trite adage, that
those who participate in the benefit should contribute to the expense. The com-
missioners presume not to go one step farther. The wisdom, as well as the jus-
tice, of the national legislature, will no doubt lead to the exercise, on their part,
of prudent munificence ; but the proportion, the condition, the compact, in short,
must be the subject of treaty."

On the presentation of this report, De Witt Clinton introduced a bill, which
became a law on the 8 th of April, 1811, under the title of " An act to provide
for the improvement of the internal navigation of this state." This law began
with the expressive recital, that " Whereas, a communication by means of a canal
navigation between the great lakes and Hudson's river, will encourage agricul-
ture, promote commerce and manufactures, facilitate a free and general inter-
course between different parts of the United States, and tend to the aggrandize-
ment and prosperity of the country, and consolidate and strengthen the union ;"
and added Robert R. Livingston and Robert Fulton to the board of commis-
sioners, and authorized them to consider all matters relating to such inland navi-
gation, with powers to make application in behalf of the state to congress, or to
any state or territory, to cooperate and aid in the undertaking, and to ascertain
whether loans could be procured on advantageous terms on the credit of the
state, for the purpose of constructing the canal, and the terms on which the
Western Inland Lock Navigation Company would surrender their rights and
property.

Two of the commissioners, Mr. Morris and Mr. Clinton, repaired to the fede-
ral capital, and submitted the subject to the consideration of the president (Mr.
Madison) and of congress. In 1812, the commissioners reported that, although
it was uncertain whether the national government would do any thing, it cer-

92 INTRODUCTION.

tainly would do nothing which would afford immediate aid to the enterprise ;
that Tennessee had instructed her representatives in congress to support any
laudable application for aid in relation to the canal navigation between Hudson's
river and the great lakes ; that New-Jersey had declined to render assistance,
because she had not sufficient means to complete her own plans of improvement
already projected ; that Connecticut, for the reasons that she could not supply
money, and that she reposed full confidence in the wisdom of her representatives
in congress, deemed it inexpedient to take any measures on the subject ; that
Massachusetts, in language characteristic of the impartial and dignified wisdom
of conscious greatness, had instructed her representatives to use their influence
in favor of the application of New- York; that Ohio fully approved the plan,
while the youthful territory of Michigan (looking probably down the St. Law-
rence, as well as across to the Hudson) was of the opinion that the proposed
communication was not so desirable as a canal around the cataracts of Niagara,
and another passing the falls of Oswego.

The commissioners then submitted that, having offered the canal to the national
government, and that offer having virtually been declined, the state was now at
liberty to consult and pursue the maxims of policy, and these seemed to demand
imperatively that the canal should be made by herself, and for her own account,
as soon as the circumstances would permit ; and that, whether the subject was
considered with a view to commerce and finance, or on the more extensive scale
of policy, there would be a want of wisdom, and almost of piety, in neglecting to
employ for public advantage, those means which Divine Providence had placed
so completely within her power. They estimated the ultimate income of the
canal at one million two hundred and fifty thousand dollars ; a revenue adequate
to defray the cost of the enterprise. With the earnestness so characteristic of
Mr. Morris, the report proceeds : " Things which twenty years ago a man would
have been laughed at for believing, we now see. At that time the most ardent
mind, proceeding on established facts by the unerring rules of arithmetic, was
obliged to drop the pen at results which imagination could not embrace. Under

INTRODUCTION. 93

circumstances of this sort, there can be no doubt that those microcosmic minds
which, habitually occupied in the consideration of what is little, are incapable
of discerning what is great, and who already stigmatize the proposed canal as a
romantic scheme, will not unsparingly distribute the epithets, absurd, ridiculous,
chimerical, on the estimate of what it may produce. The commissioners must,
nevertheless, have the hardihood to brave the sneers and sarcasms of men, who,
with too much pride to study, and too much wit to think, undervalue what they
do not understand, and condemn what they cannot comprehend." The com-
missioners, imbued with the spirit of philosophic prophecy, add, " The life of an
individual is short. The time is not distant, when those who make this report
will have passed away. But no term is fixed to the existence of a state ; and
the first wish of a patriot's heart is, that his own may be immortal. But, what-
ever limit may have been assigned to the duration of New- York, by those eternal
decrees which established the heavens and the earth, it is hardly to be expected
that she will be blotted from the list of political societies before the effects here
stated, shall have been sensibly felt. And even when, by the flow of that perpetual
stream which bears all human institutions away, our constitution shall be dissolved
and our laws be lost, still the descendants of our children's children will remain.
The same mountains will stand, the same rivers run. New moral combinations
will be formed on the old physical foundations, and the extended line of remote
posterity, after a lapse of two thousand years, and the ravage of repeated revolu-
tions, when the records of history shall have been obliterated, and the tongue of
tradition have converted (as in China) the shadowy remembrance of ancient
events into childish tales of miracle, this national work shall remain, bearing tes-
timony to the genius, the learning, the industry and intelligence of the present
age."

Passing the advantages which the state must derive from opening a scene so
vast to the incessant activity of her citizens, the commissioners discussed and
proved her fiscal ability to complete the enterprise. Impressed with the same
expansive views which were exhibited in the first efforts of the legislature in

94 INTRODUCTION.

1792, the commissioners adverted to the proposed connection of Lake Cham-
plain with the Hudson river, as one which would certainly tend to preserve bro-
therly affection in the great American family, and through the reciprocal advan-
tages it would afford to New- York and Vermont, would strengthen the bonds of
our union with the eastern states.

On the nineteenth of June, 1812, a law was enacted, reappointing the com-
missioners, and authorizing them to borrow money and deposit it in the treasury,
and to take cessions of land, but prohibiting any measures to construct the canals.

In the senate, James W. Wilkin, of Orange county, moved to reject the bill.
The motion was lost, fifteen to eleven. The assembly divided on the first section,
which contained the principle of the bill, and it was sustained by a vote of fifty-
one to forty-two. On its being returned to the senate, with an amendment,
Erastus Root, of Delaware, moved to postpone the consideration of the amend-
ment until the next session, which would have been equivalent to rejecting the
bill. This motion received thirteen votes, while sixteen were recorded against it.

From 1812 to 1815, the country suffered the calamities of war, and projects
of internal improvement necessarily gave place to the patriotic efforts required
to maintain the national security and honor. But those plans were not altogether
forgotten, at least by those who distrusted their wisdom. Although there was
much incredulity in regard to the Erie canal, during all the period which we
have been considering, yet the design met little or no opposition, so long as it was
supposed that the necessary expenditures would be made by the federal govern-
ment. But a severe scrutiny was encountered, when it was avowed that the
means for accomplishing so large a work must be derived from taxation, or from
the use of the public credit. Erastus Root, in 1813, submitted a resolution, by
which the commissioners were to be called upon for a further report of their
proceedings. The commissioners, in their report in 1814, reaffirmed their con-
fidence in the feasibility of the enterprise, and adverted to the facilities which
would be found for extending the communication to the valleys watered by the
Susquehannah and its branches, whence they inferred that Pennsylvania would,

INTRODUCTION. 95

at a proper time, cooperate in the enterprise. The commissioners also announced
that grants of land would be made by the Holland Company of 100,632 acres ;
by Le Roy Bayard and McEvers, 2,500 acres ; by the heirs of the Pulteney
estate, a large tract, and by governor Hornby, 3,500 acres. These cessions were
ultimately realized, with a liberal donation from Gideon Granger.

Mr. Root introduced a bill into the senate which two days afterwards passed
that body, repealing so much of the act then in force as authorized the commis-
sioners to borrow five millions of dollars. This repeal was a virtual abandon-
ment of the policy of internal improvements. The divisions in the assembly
show a majority of eighteen in favor of the repeal ; and in the senate the majority
was eight. In 1816, after the close of the war, Daniel D. Tompkins, governor,
in his annual speech, submitted for the consideration of the legislature, the expe-
diency of prosecuting the canals. Citizens in various parts of the state, and
especially in New- York, Albany and Troy, and in the towns and counties situ-
ated in the vicinity of the proposed routes, now earnestly applied for vigorous
measures to accomplish the objects so long delayed. Among these petitions was
a memorial by inhabitants of the city of New- York, from the pen of De Witt
Clinton.

The memorialists declared, that since the object was connected with the essen-
tial interests of the country, and calculated in its commencement to reflect honor
on the state, and in its completion to exalt it to an elevation of unparalleled pros-
perity, they were fully persuaded that centuries might pass away before a subject
would be again presented so worthy of all the attention of the legislature, and so
deserving of all its patronage and support — that the improvement of intercourse
between different parts of the same country, had always been considered the first
duty, and the most noble employment of government — that canals united cheap-
ness, celerity, certainty and safety in the transportation of commodities — that they
operated upon the general interests of society, in the same way as machines for
saving labor in manufactures ; and as to all the purposes of beneficial communi-
cation, they diminished the distances between places, and therefore encouraged

96 INTRODUCTION.

the cultivation of the most remote parts of the country — that they created new-
sources of internal trade, and augmented the old channels, thus tending to en-
large old and erect new towns, increase individual and aggregate wealth, and
extend foreign commerce. The memorialists attributed the prosperity of ancient
Egypt and China to their inland navigation, and expressed the opinion that
England and Holland, if deprived of their canals, would lose the most prolific
sources of their prosperity and greatness. Inland navigation, they said, was to
the same community what exterior navigation was to the great family of man-
kind ; and that as the ocean connected the nations of the earth by the ties of
commerce and the benefits of communication, so did lakes, rivers and canals
operate upon the inhabitants of the same country. Applying these general argu-
ments in favor of inland navigation, they showed that a great chain of mountains
passed through the territory of the United States, and divided it into eastern and
western America ; that the former, on account of the priority of its settlement, its
vicinity to the ocean, and its favorable position for commerce, had many advantages,
while the latter had a decided superiority in the fertility of its soil, the benignity
of its climate, and the extent of its territory ; that to connect these great sections
by inland navigation, to unite our Mediterranean seas with the ocean, was evi-
dently an object of the first importance to the general prosperity ; that the
Hudson river offered superior advantages for effecting this connection, because
it afforded a tide navigation through the Blue ridge or eastern chain of moun-
tains, and ascended above the eastern termination of the Catskill or great western
chain, and that no mountains interposed between it and the great western lakes,
while the tide in no other river or bay in the United States ascended higher than
the Granite ridge, or within thirty miles of the Blue ridge. After showing the
importance of the Hudson as a natural channel of trade, one hundred and seventy
miles in length, the petitioners showed that the canal would be virtually an exten-
sion of that channel three hundred miles through a fertile country, embracing a
great population, and abounding with all the productions of industry ; and they
asked, if the work was so important when viewed in relation to this state alone,

INTRODUCTION. 97

how unspeakably beneficial must it appear when the contemplation should be ex-
tended to the great lakes, and the country that surrounded them ; waters extending
two thousand miles, and a country containing- more territory than all Great Britain
and Ireland, and at least as much as France. After demonstrating that New-
Orleans and Montreal were the only formidable rivals of New-York for the
great prize of the western trade, and showing the advantages in that competition
which New- York would derive from the proposed Erie canal, a glowing view of
its prospective benefits was presented. Leaving to her rivals no inconsiderable
portion of the western trade, New- York, said the memorialists, would engross
more than sufficient to render her the greatest commercial city in the world.
The whole line of the canal would exhibit boats loaded with the various produc-
tions of our soil, and with merchandise from all parts of the world ; great manufac-
turing establishments would spring up ; agriculture would establish its granaries,
and commerce its warehouses, in all directions ; villages, towns and cities would
line the banks of the canal and the shores of the Hudson from Erie to New-
York ; the wilderness and the solitary place would become glad, and the desert
would blossom as the rose.

The petitioners then presented the superior advantages of a continuous canal
from the Hudson to Lake Erie, over one which would terminate at Lake Ontario,
with a passage between that lake and Lake Erie around the falls of Niagara.
They then showed that the work might be completed by the use of the credit of
the state, provision being made to pay the interest on the money borrowed until
the canal should become productive of revenue. They urged with earnestness
the immediate commencement of the work. Delays, said they, are the refuge
of weak minds ; and to procrastinate on this occasion is to show a culpable inat-
tention to the bounties of nature, a total insensibility to the blessings of Provi-
dence, and an inexcusable neglect of the interests of society. If, they added, it
were intended to advance the views of individuals, or to foment the divisions of
party ; if the scheme promoted the interests of a few at the expense of the prospe-
rity of many ; if its benefits were limited as to place, or fugitive as to duration,

Intr. 13

98 INTRODUCTION.

then indeed it might be received with cold indifference, or treated with stern
neglect ; but the overflowing blessing from this great fountain of public good and
national abundance, would be as extensive as our country, and as durable as
time. The petitioners enforced their eloquent appeal for an immediate com-
mencement of the enterprise, by the considerations that it could not be prose-
cuted at any future time with less expense ; that the longer it was delayed, the
greater would be the difficulty in surmounting the interests which would rise up
in opposition ; that there was an urgent necessity for immediately diminishing
the expense of transportation ; that it would raise the value of the national do-
main, and thus cause the speedy extinguishment of the national debt and a
diminution of taxes, leaving a considerable source of revenue to be expended in
other works of improvement, in encouraging the arts and sciences, in patronizing
the operations of industry, in fostering the inventions of genius, and in diffusing the
blessings of knowledge ; that New- York was both Atlantic and western, and the
only state in which an indissoluble union of interest between the great sections of
the confederacy could be formed and perpetuated ; that she would justly be con-
sidered an enemy to the human race, if she did not exert for this purpose the
high faculties which the Almighty had put into her hands ; and lastly, that the
enterprise, as to the countries which it would connect, and as to the consequen-
ces which it would produce, was without a parallel in the history of mankind.
While, they remarked, the chiefs of powerful monarchies had projected or
executed designs which had attracted the admiration of the world, it remained for
a free state to create a new era in history, and to erect a work more stupendous,
more magnificent and more beneficial than any hitherto achieved by the human
race.

Two vacancies had occurred in the canal commission ; Robert R. Livingston
having died in 1815, which event was followed by the lamented death of Robert
Fulton, whereby the friends of internal improvement were deprived of the further
cooperation of one, whose services in perfecting steam navigation had conferred
such signal benefits on the human race. The board of commissioners was now

INTRODUCTION. 99

composed of Gouverneur Morris, Stephen Van Rensselaer, De Witt Clinton,
Simeon De Witt, William North, Thomas Eddy, Peter B. Porter and Charles D.
Cooper. They submitted a report, from which Mr. Morris withheld his signature,
for the reason, as was said, that his idea of an uniform declivity from Lake Erie
to the Hudson, was abandoned* They expressed a confident belief that the public
mind was now prepared for a commencement of the Erie canal ; announced
that they had assurances that a loan of one million of dollars, at an interest of
six per cent, could be obtained, and subsequent sums as fast as should be required ;
suggested the expediency of constructing first the middle section, extending from
Rome to the Seneca river, because it would yield a large revenue, and trade
might be thereby diverted from the valley of the St. Lawrence, and again urged
the simultaneous prosecution of the Champlain canal.

The joint committee on canals, at this session, consisted of William Ross,
George Tibbits, Philetus Swift and Peter R. Livingston, of the senate, and Jacob
R. Van Rensselaer, Thomas J. Oakley, William Thompson, James Lynch, Ben-
jamin Mooers, Myron Holley, William D. Ford and George Warner, of the
assembly. Mr. Van Rensselaer, from that committee, introduced a bill provid-
ing for the immediate commencement of both canals, and pledging ample funds
for that purpose. The bill, after being discussed four weeks, passed the assembly
by the decisive vote of ninety-one to eighteen. Those who voted in the affirma-
tive, were Aaron Adams, Truman Adams, Joshua Ballard, Asa C. Barney, Joseph
Bayley, John H. Beach, William C. Bouck, Isaac Bray ton, Philip Brasher, John
Brown junior, Thomas Brown, Oliver Brown, William Campbell, Israel Cha-
pin, Jonathan Childs, Nathan Christie, Abel Cole, George Cramer, Silas Crippen,
David Dill, William A. Duer, Henry Fellows, William D. Ford, Michael Fre-
ligh, James Ganson, Isaac Gere, Job Greene, David E. Gregory, George Hall,
Nathan Hall junior, Nicoll Halsey, William Hamilton, Michael Harris, Isaac
Hayes, Nathaniel P. Hill, Peter A. Hilton, Henry Hopkins, Eliphalet S. Jackson,

♦ CoLBEN'a Memoir.

100 INTRODUCTION.

Peter A. Jay, Oliver Judd, Alexander Kelsey, Nathan Kimball, Herman Knick-
erbacker, Edward W. Laight, Jacob L. Larzelere, Thomas Lawyer, Henry
Leavenworth, Henry B. Lee, Henry Livingston, James Lynch, Samuel I. Mc-
Chestney,, John McFadden, Arunah Metcalf, Elijah Miles, Green Miller, Samuel
Milliman, Benjamin Mooers, Andrew Morris, Roderick Morrison, Thomas J. Oak-
ley, Elias Osborn, John I. Ostrander, James Palmer, William Parks, Timothy H.
Porter, James Powers, Edmund G. Rawson, John Reid, Jacob Roggen, Abraham
Rose, David Russell, Reuben Sanford, John Schoolcraft, Barnabas Smith, Jesse
Smith, Joseph Smith, Roger Sprague, James Stevenson, Selah Strong, Thomas C.
Taylor, William Thompson, Jacob R. Van Rensselaer, George Warner, Elizur
Webster, Dirck Westbrook, Roswell Weston, John Whiting, Mason Whiting,
Nathan Williams, Isaac Wilson and Augustus Wyncoop. Those who voted in
the negative were Gamaliel H. Barstow, James Burt, Phineas Carl, Stephen Car-
man, Richard Cowson, Chillus Doty, Zechariah Hoffman, Benjamin Isaacs, Wil-
liam Jones, Daniel Kissam, Abraham Miller, William Munroe, William Requa,
Amos Stebbins, Richard Van Home, Harmanus A. Van Slyck, John B. Van
Wyck, William Woodward.

When the bill reached the senate, Martin Van Buren proposed an amendment
which would limit the powers of the commissioners to the consideration and
adoption of measures requisite to facilitate the preparations for constructing the
canals, the employment of engineers to explore and examine the routes ; to mak-
ing application to sister states and territories for aid, and to proprietors of land,
corporations and citizens, for grants of land, or donations of money; and to gene-
ral inquiries concerning finances. This amendment prevailed, by a vote of
twenty to nine, and the bill passed the senate, after being further amended so
as to constitute Stephen Van Rensselaer, De Witt Clinton, Samuel Young, Joseph
Ellicott and Myron Holley commissioners, and to appropriate twenty thousand
dollars for the purposes contemplated. As thus amended, the bill received the
votes of David Allen, Russel Atwater, Jacob Barker, Stephen Bates, Bennet
Bicknell, Francis A. Bloodgood, Moses I. Cantine, Archibald S. Clark, Lucas

INTRODUCTION. 101

Elmendorf, Chauncey Loomis, Peter H. Radcliff, William Ross, Henry Seymour,
Samuel Stewart, Philetus Swift, Martin Van Buren, Abraham Van Vechten, Sa-
muel Verbryck and Gerrit Wendell. Those who voted against the bill were
James Cochran, Darius Crosby, Jonathan Dayton, Parley Keyes, Peter R. Living-
ston and David Ogden. The bill received the concurrence of the assembly, and
became a law, after an ineffectual effort to induce the senate to recede from their
amendments.

The commissioners selected De Witt Clinton to be their president, and ap-
pointed Samuel Young their secretary, and Myron Holley their treasurer ; divided
the canal route into three sections, middle, eastern and western, and appointed
engineers for each section. In 1817 they made a detailed report of the survey.
They estimated the cost of the Erie canal at four million five hundred and
seventy-one thousand eight hundred and thirteen dollars, and showed that its
entire length would be three hundred and fifty-three miles ; that the surface of
Lake Erie was five hundred and sixty-four feet higher than the Hudson, and
one hundred and forty-five feet higher than Rome ; and that the aggregate rise
and fall would be six hundred and sixty-one feet, which would require the con-
struction of seventy-seven locks. The dimensions of the canal, as established,
were forty feet width at the surface, twenty-eight feet at the bottom, and four
feet depth.

The commissioners, although they spoke discouragingly, did not yet relinquish
the hope of aid from the federal government, and from sister states ; and they
recorded the enlightened and generous resolution of Ohio, to aid as far as her
resources would justify, in the construction of a work, the advantages of which to
herself and to the union she so clearly discerned. The commissioners further
reported, that although they had not accurate information, they had no doubt
that loans of money sufficient for the construction of the work could be obtained,
and that ample funds could be commanded for the payment of interest and the
extinguishment of the debt, without taxation.

102 INTRODUCTION.

The commissioners, at the same session, submitted a further report, showing
that the estimated cost of the Champlain canal was eight hundred and seventy-
one thousand dollars, and recommending its immediate construction. The joint
legislative committee on the canals consisted of Peter R. Livingston, George
Tibbits and Philetus Swift, of the senate ; and William D. Ford, Nathaniel Pen-
dleton, Jonathan Child, Henry Eckford and Gideon Wilcoxson, of the assembly.
Mr. Ford made an elaborate report in favor of the immediate commencement
and vigorous prosecution of both works ; submitted a scheme of finance, which
formed the basis of the plan ultimately adopted, and brought in a bill entitled
*' An act concerning navigable communications between the great western and
northern lakes and the Atlantic ocean." This bill, which, after a very full dis-
cussion in both houses, became a law, provided for an immediate commencement
of the canals ; and thus, after a struggle of ten years, the ascendancy of the policy
of internal improvement was complete.

The sentiments of mingled hope and apprehension on the part of the legislature,
in finally adopting that policy, were thus expressed in the preamble to the law :
" Whereas, navigable communications between Lakes Erie and Champlain, and
the Atlantic ocean, by means of canals connected with the Hudson river, will
promote agriculture, manufactures and commerce, mitigate the calamities of
war, and enhance the blessings of peace, consolidate the union, and advance the
prosperity and elevate the character of the United States : And whereas, it is the
incumbent duty of the people of this state, to avail themselves of the means
which the Almighty has placed in their hands for the production of such signal,
extensive and lasting benefits to the human race : Now, therefore, in full confi-
dence that the congress of the United States, and the states equally interested
with this state in the commencement, prosecution and completion of those im-
portant works, will contribute their full proportion to the expense ; and in order
that adequate funds may be provided, and properly arranged and managed, for
the prosecution and completion of all the navigable communications contemplated
by this act." The act constituted a canal fund to consist of such appropriatons,

INTRODUCTION. 103

grants and donations, as might be made by the legislature, by the federal govern-
ment, by states, and by corporations, companies and individuals, and placed it
under the management of a board of commissioners of the canal fund, " to be
composed of the lieutenant-governor, comptroller, secretary of state, attorney-
general, surveyor-general and treasurer." The board was authorized to borrow
moneys on the public credit, at an interest not exceeding six per centum, and not
exceeding in one year a sum which, together with the income of the fund, should
amount to four hundred thousand dollars. For the moneys to be borrowed, the
comptroller was to issue transferable stock. Stephen Van Rensselaer, De Witt
Clinton, Samuel Young, Joseph Ellicott, and Myron Holley, were reappointed
commissioners, under the denomination of canal commissioners. The comp-
troller was directed to pay to them the moneys to be borrowed, and the income
of the canal fund, reserving always sufficient to pay the interest on loans. The
canal commissioners were empowered to establish and collect reasonable tolls
whenever any portion of the work should be completed. The fee simple of the
canals was to be vested in the people, provision being made to indemnify the
proprietors of lands. The commissioners were also to take measures for vesting
in the people the title of the property of the Western Inland Lock Navigation
Company, paying that association for the same out of the canal fund. A duty of
twelve and a half cents per bushel on all salt to be manufactured in the then west-
ern district of the state, a tax on steamboat passengers, the unappropriated pro-
ceeds of all lotteries, the nett proceeds from the property and tolls of the Western
Inland Lock Navigation Company, the nett revenues of the canals, all grants and
donations, and all duties upon sales at auction — ■ after deducting existing appro-
priations of thirty-three thousand five hundred dollars — were pledged for the
prosecution of the works and the payment of the interest, and the final redemp-
tion of the stock to be issued for that purpose.

It is scarcely necessary to remark, that the growing power and influence of
the western and northern portions of the state were chiefly effective in securing
the commencement of the canals. The representatives from other regions in

104 INTRODUCTION.

yielding the acknowledgment of that influence, still entertained so much distrust
of die productiveness of the works, that they insisted upon incorporating in the
law a provision for levying a tax of 8250,000 upon the lands lying along the
routes of the canals, and within a distance of twenty-five miles on each side
thereof. This provision undoubtedly affected the votes upon the passage of the
law. In the assembly sixty-four members voted for, and thirty-six against it.
Those in the affirmative were, Henry Albert, David I. Ambler, Isaac Barber,
Wheeler Barnes, John H. Beach, Abijah Beckwith, John Brown junior, John H.
Burhans, Abram Camp, William Campbell, Daniel Carpenter, Jonathan Childs,
Gerret Cuck, Rowland Day, John D. Dickinson, William A. Duer, Tunis B. El-
dridge, James Faulkner, James Finch, Henry Fonda, William D. Ford, James
Ganson, Archer Green, Henry Gross, Burton Hammond, Elihu Hedges, Peter A.
Hilton, James Houghtaling, Hezekiah Hulburt, Samuel Jackson, Jacob L. Larze-
lere, Joshua Lee, Newton Marsh, Moses Maynard, Greene Miller, John Miller, Ben-
jamin Mooers, Zebulon Mott, Cyrenus Noble, Jonathan Olmsted, John I. Ostran-
der, Humphrey Palmer, Nathaniel Pendleton, Nathaniel Pitcher, John Pixley,
Henry Piatt, Timothy H. Porter, Jedediah Prendergast, William B. Rochester,
James Roseburgh, George Rosenkrantz, Isaac Sears, Richard Smith, Gideon
Tabor, Elijah Turner, Ebenezer Wakeley, Ebenezer W. Walbridge, Rufus
Watson, James Webb, Asa Wells, Gideon Wilcoxson, Elisha Williams, Isaac
Wilson and David Woods. Those who voted in the negative were, Cornelius
A. Blauvelt, Levi Callender, Stephen Carman, William Cook, Richard C. Cor-
son, Clarkson Crolius, Chillus Doty, James Emott, John Gale, Cornelius Heeny,
William Jones, Martin Keeler, Daniel Kissam, John McFadden, Asa Mann,
Elijah Miles, Abraham Parsons, John Pettit, Samuel B. Romaine, Samuel Russell,
Reuben Sanford, Isaac Sargent, Edward Smith junior, Joseph Smith, Samuel A.
Smith, Justus Squire, Amos Stebbins, Christopher Tappen junior, John Town-
send, John Victory, George Warner, Elizur Webster, Ebenezer White junior
and Ebenezer Wood.

In the senate the vote on the law was eighteen to nine. In the affirmative

INTRODUCTION.

105

were, David Allen, Stephen Bates, Bennet Bicknell, Moses I. Cantine, James
Cochran, Ralj)h Hascall, Ephralm Hart, Parley Keyes, John Knox, William
Mallory, John I. Prendergast, William Ross, Farrand Stranahan, Samuel
Stewart, Peter Swart, George Tibbits, Martin Van Buren and Abraham Van
Vechten ; and in the negative, Henry Bloom, Walter Bowne, Darius Crosby,
Jonathan Dayton, John D. Ditmis, Lucas Elmendorf, Peter R. Livingston, John
Noyes and Isaac Ogden.

The geographical classification of members voting for and against the law
was as follows :

Southern district,
Middle "

In the Senate

Affirmative. Negative.

5
..6 3

Suffolk,

Queens,

Richmond,

New- York,

Westchester,

Rockland,

Putnam,

Dutchess, 2

Orange, 3

Ulster and Sullivan, 1

Greene,

Columbia, 4

Rensselaer, 5

Albany, 4

Washington and Warren, 2

Saratoga, 1

Essex,

Clinton and Franklin, 1

St. Lawrence,

Eastern district, .
Western "

Affirmative. Negative.

.. 7

.. 5 1

18 9

In the Assembly.
1
3

Schenectady,

Schoharie, 2

Montgomery, 4

Herkimer, 3

Lewis and Jefferson,

Otsego, 5

Chenango, Broome and Tioga,. . 2

Madison, 3

Oneida, 4

Onondaga, 3

Cortland, 1

Cayuga, 3

Seneca, 2

Ontario, 3

Genesee, 2

Steuben and Allegany, 2

Niagara, Cattaraugus and Chau-

tauque, 2

64 36

Intr.

14

106 INTRODUCTION.

The ground was broken, for the construction of the Erie canal, on the fourth
day of Julv, 1817, at Rome, with ceremonies marking the public estimation of
that great event. De Witt Clinton, having just before been elected to the chief
magistracy of the state, and being president of the board of canal commissioners,
enjoyed the high satisfaction of attending, with his associates, on the auspicious
occasion.

In his annual speech to the legislature in 1818, he congratulated the people on
the commencement of the canals, rapidly reviewed the progress already made
in their construction, remarked briefly on their advantages, and earnestly urged
that the state was required to persevere, by every dictate of interest, by every
sentiment of honor, by every injunction of patriotism, and by every consideration
which ought to influence the councils and govern the conduct of a free, high-
minded, enlightened and magnanimous people. The senate responded favor-
ably to these sentiments, and the answer of the assembly was in terms of spirited
congratulation.

The commissioners made a report, showing that they had engaged Isaac
Briggs, an eminent mathematician, as an engineer on the middle section, and
had let the work to be done in small portions, by contract.

At this session, laws were passed, authorizing the construction of the Chitte-
nango canal for navigation, and as a feeder to the Erie canal ; and an examination
of the outlet of Buffalo creek, with a view to form a harbor at the entrance of
the Erie canal into Lake Erie, and making improvements of the financial system
adopted at the previous session. The act relating to the last mentioned subject,
authorized the comptroller to borrow one million of dollars for the general uses
of the treasury, and to issue therefor stock redeemable on the first of January,
1828. When this law was under consideration in the assembly, Erastus Root
moved that the power of the commissioners of the canal fund to borrow money
for canal purposes, should be suspended until the redemption of the stock debt
to be created under the law. This was the last effort made in the legislature to

INTRODUCTION. 107

arrest the prosecution of the canals. The motion was lost, only twenty-one
members voting therefor.

In 1819, governor Clinton announced to the legislature, that the progress of
the public works equalled the most sanguine expectations, and that the canal
fund was flourishing. He recommended the prosecution of the entire Erie canal.
Enlarging upon the benefits of internal navigation, he remarked, that he looked
to a time not far distant, when the state would be able to improve the navigation
of the Susquehannah, the Allegany, the Genesee and the St. Lawrence ; to assist
in connecting the waters of the great lakes and the Mississippi ; to form a junc-
tion between the Erie canal and Lake Ontario through the Oswego river ; and
to promote the laudable intention of Pennsylvania to unite the Seneca lake with
the Susquehannah ; deducing arguments in favor of such enterprises, from the
immediate commercial advantages of extended navigation, as well as from its
tendency to improve the condition of society, and strengthen the bonds of the
union. Henry Yates junior, in the senate, and John Van Ness Yates, in the
assembly, on behalf of the proper committees, submitted answers concurring in
the opinions expressed by the chief magistrate, and the same were adopted.

Joseph Ellicott, having resigned the office of canal commissioner, Ephraim
Hart was appointed in his place, ad interim, and subsequently Henry Seymour
was called to fill the vacancy.

The canal commissioners, in their report, gave an interesting account of their
proceedings, represented that the work on the middle section, under the care of
Benjamin Wright as principal engineer, had been conducted with great success ;
and that Canvass White and Nathan S. Roberts, who had previously bee nassis-
tant engineers, were assigned, on account of their eminent skill, to higher duties.
Mr. White was distinguished at this time for his discovery of the manner of pre-
paring a hydraulic cement from a peculiar species of limestone found in the
vicinity of the canal. He was the inventor, also, of the improvement in the con-
struction of upper gates of canal locks, which has been said to be the only im-

108 INTRODUCTION.

provement in the mechanical construction of canals, made since the building of
the Languedoc canal.

The commissioners recommended that a navigable communication should im-
mediately be opened from the Erie canal to the salt works at Salina, and that
the militia law should be so modified as to excuse laborers on the canals from
military duty, and sustained the recommendation by the governor of the simul-
taneous prosecution of all portions of the Erie canal.

The joint committee on internal improvements consisted of Jabez D. Ham-
mond, Henry Seymour and Walter Bowne, senators, and Ezekiel Bacon, Jacob
Rutsen Van Rensselaer, John Doty, Jedediah Miller and Asahel Warner, of the
assembly. Mr. Bacon submitted a report, and introduced a bill, embodying the
recommendations of the canal commissioners. This bill became a law, twenty-
five members of the assembly voting against the section which empowered the
canal commissioners to commence the eastern and western portions of the Erie
canal and the branch canal from the Erie canal to Salina. A survey was also autho-
rized from the mouth of the Oswego river, up the same, the Seneca river and
the outlet of the Onondaga river, with a view to improve the navigation of those
streams. This was the first legislative step towards the construction of the Os-
wego canal.

At this session a law was passed, suspending the collection of the local canal
tax, until further directions should be given by the legislature.

An act was also passed, granting a loan to citizens of Buffalo, to be applied to
the construction, under the direction of the canal commissioners, of a harbor
at that place, and providing for the assumption of the harbor, if it should ulti-
mately be deemed expedient.

On the twenty-third of October, 1819, the portion of the Erie canal between
Utica and Rome was opened to navigation, and on the twenty-fourth of Novem-
ber the Champlain canal admitted the passage of boats. Thus in less than two
years and five months one hundred and twenty miles of artificial navigation had
been finished, and the physical as well as the financial practicability of uniting

INTRODUCTION. 109

the waters of the western and northern lakes with the Atlantic ocean, was esta-
blished to the conviction of the most incredulous.

Governor Clinton announced these gratifying results to the legislature in 1820,
and admonished them that while efforts directly hostile to internal improvements
would in future be feeble, it became a duty to guard against insidious enmity ;
and that in proportion as the Erie canal advanced towards completion, would be
the ease of combining a greater mass of population against the further exten-
sion of the system. Attempts, he remarked, had already been made to arrest
the progress of the Erie canal west of the Seneca river, and he anticipated their
renewal when it should reach the Genesee. But the honor and prosperity of
the state demanded the completion of the whole of the work, and it would be
completed in five years, if the representatives of the people were just to them-
selves and to posterity. Referring to the local tax, he submitted whether it
comported with the magnanimity of government to resort to partial or local im-
positions to defray the expenses of a magnificent work, identified with the gene-
ral prosperity. The commissioners informed the legislature that they had em-
ployed David Thomas to survey the proposed harbor at Buffalo, and that plans
for a similar improvement at Black Rock had been received.

The committee on internal improvements in the senate, consisted of Jabez D.
Hammond, Gideon Granger and Stephen Barnum ; and the committee on canals
in the assembly, of George Huntington, John T. Irving, David Austin, Elial T.
Foote and Thomas J. Oakley.

A law was passed, suspending the collection of the tax on steamboat passen-
gers, and imposing, by way of commutation, on the North River Steamboat
Company an annual tax of five thousand dollars, for the benefit of the canal
fund. This company then enjoyed, by grant from the legislature, a monopoly
of steam navigation upon all the waters within the state, as a reward to Robert
Fulton, Robert R. Livingston and their associates, as public benefactors. The
grant was afterwards adjudged by the supreme court of the United States to be
void, so far as it affected navigation in tide waters, because it conflicted with the

\

110 INTRODUCTION.

constitution of the United States. The same law appropriated twenty-five
thousand dollars for the improvement of the Oswego river; and by other acts.
Grand island on the Niagara river, and a portion of the reservation at the Onon-
daga salt springs, were directed to be sold for the benefit of the canal fund ; and
the legislature prescribed a general system of police for the management and
protection of the canals.

By an arrangement made by the commissioners, and sanctioned by the legisla-
ture, three of the five commissioners were charged with active duties, to be com-
pensated by salaries, while the other commissioners were relieved from such du-
ties. The acting commissioners designated were Mr. Young, Mr. Seymour and
Mr. Holley. During the same year the title of the Western Inland Lock Naviga-
tion Company, to its property and privileges, was transferred to the state, and a
compensation of one hundred and fifty thousand eight hundred and twenty-eight
dollars was paid for the same.

In November, 1820, governor Clinton congratulated the legislature upon the
progress of the public works. He urged the adoption of plenary measures to com-
plete the Erie canal within three years, enforcing the recommendation by the
consideration, that Ohio would thereby be encouraged to pursue her noble
attempt to unite the waters of Lake Erie with the Ohio river. The canal com-
missioners showed in their report that the Erie canal was navigable from Utica
to the Seneca river, a distance of ninety-six miles, and that its tolls, during four
months, had amounted to five thousand two hundred and forty-four dollars.

An effort was made in the assembly to abrogate the local tax, which failed ; a
result showing that distrust of the productiveness of the canals still lingered in the
halls of the legislature. This, however, was the last effort, and the law has been
suffered to remain ever since, unexecuted and unrepealed. William C. Bouck
was, during the same session, appointed an acting canal commissioner.

Governor Clinton, in 1822, referred, in his speech, to the difficulties and em-
barrassments which had been encountered with regard to the most eligible routes
for the canals, and the most proper designations for the termini o£ the Erie

INTRODUCTION. Ill

canal ; assuring the legislature, however, that the canal board had not been led
astray by local considerations or ephemeral expedients, and that they would be
able to combine the accommodation of flourishing cities and villages with the
promotion of the general convenience and welfare. He noticed the efforts on
the part of Illinois to connect the river of that name with Lake Michigan, and
those of Ohio to unite with Lake Erie the river which formed her southern
boundary, commending those efforts to the munificent patronage of the national
government, and the favorable countenance of New-York. He recommended
also the institution of a board of public improvements, to be composed of enlight-
ened and public spirited citizens, and invested with power to establish and faci-
litate all useful channels of communication, and all eligible modes of improve-
ment

The tolls on the portion of the Champlain canal which had been completed,
amounted, in the previous year, to one thousand three hundred and eighty-six
dollars.

The legislature at this session directed the canal commissioners to open a boat
navigation between the village of Salina, the Onondaga lake and the Seneca
river. These improvements when completed, together with those previously
directed, created an artificial canal from the Erie canal to Lake Ontario, and
constituted a portion of what afterwards became known as the Oswego canal.

Acts were also passed to encourage the construction of harbors at Buffalo
creek and Black-Rock, and to adapt the Glen's Falls feeder of the Champlain
canal to boat navigation.

On the first of January, 1823, the government went into operation under the
new constitution, Joseph C. Yates having been elected to the office of governor.
The constitution declared that rates of toll not less than those set forth by the canal
commissioners, in their report of 1821, should be collected on the canals, and that
the revenues then pledged to the canal fund should not be diminished nor di-
verted before the complete payment of the principal and interest of the entire
canal debt, a pledge which placed the public credit on an impregnable basis.

112 INTRODUCTION.

It appeared at the commencement of the session of the legislature in 1823,
that the public debt amounted to $5,423,500, of which $4,243,500 were for
moneys borrowed to construct the canals. The commissioners reported that
boats had passed on the Erie canal a distance of more that two hundred and
twenty miles, and that as early as the first of July ensuing, that channel would
be navigable from Schenectady to Rochester. The tolls collected in 1822, upon
the Erie canal, were $60,000, and upon the Champlain canal, $3,625. The im-
provements of the outlet of Onondaga lake had been completed, and the Glen's
Falls feeder was in a course of rapid construction. Among the benefits already
resulting from the Erie canal, the commissioners showed that the price of wheat
west of the Seneca river had advanced fifty per cent. To appreciate this result,
it is necessary to understand that wheat is the chief staple of New- York, and
that far the largest portion of wheat-growing lands in this state lie west of the
Seneca river.

Attempts were again made in both branches to provide for collecting the local
tax. The proposition was lost in the senate by a vote of nineteen to ten, and in
the assembly by a division of sixty-five to thirty-one.

The legislature expressed by resolution a favorable opinion of the inland navi-
gation which New-Jersey proposed to establish between the Delaware and
Hudson rivers. A loan of $1,500,000 was authorized for canal purposes ; a
survey of the Oswego river was directed to be made, and estimates of the ex-
pense of completing the canal from Salina to Lake Ontario. An association to
construct such a canal was incorporated, and authority given to the commis-
sioners to take the work when completed, leaving the use of its surplus waters
to the corporators ; and the eastern termination of the Erie canal was fixed at
Albany.

The canal commissioners reported in 1824 that the Champlain canal was
finished ; that both canals had produced revenues during the previous year of
one hundred and fifty-three thousand dollars, and that the commissioners had

INTRODUCTION. 113

decided that the Erie canal ought to be united with the Niagara river at Black
Rock, and terminate at Buffalo.

Myron Holley now resigned the office of canal commissioner, and laws were
passed appropriating one million of dollars for canal purposes, and directing a
survey for a canal from Lake Champlain to the St. Lawrence, with a view to
complete the inland navigation between that river and the Hudson.

On the twelfth of April, 1824, John Bowman presented to the senate a con-
current resolution, that " De Witt Clinton, Esq. be and he is hereby removed from
the office of canal commissioner ;" and it was carried on the same day through the
senate, by a vote of twenty-one to three, and through the assembly by a vote of
sixty-four to thirty-four.

As soon as a partial navigation of the canals had commenced, the government
of the United States asserted a pretension to exact tonnage duties thereon. The
legislature of this state, at its adjourned session, instructed its senators and repre-
sentatives in congress to use their utmost endeavors to prevent such unjust and
impolitic exactions; and the claim of the government of the United States,
although not formally relinquished, has never since been urged.

On the reassembling of the legislature in January, 1825, De Witt Clinton,
who, in November of the preceding year, had been again called to the office of
chief magistrate, congratulated the legislature upon the prospect of the imme-
diate completion of the Erie canal, and the reasonable certainty that the canal
debt might soon be satisfied, without a resort to taxation, without a discontinu-
ance of efforts for similar improvements, and without staying the dispensing hand
of government in favor of education, literature, science and productive industry.
Earnestly renewing his recommendation that a board of internal improvement
should be instituted, he remarked that the field of operations was immense, and
the harvest of honor and profit unbounded ; and that if the resources of the
state should be wisely applied and forcibly directed, all proper demands for im-
portant avenues of communication might be satisfied. The primary design of
our system of artificial navigation, which was to open a communication between

Intr. 15

114 INTRODUCTION.

the Atlantic and the great lakes, was already, he observed, nearly accomplished,
but would not be fully realized until Lake Ontario should be connected with the
Erie canal and with Lake Champlain ; and the importance of these improve-
ments would be appreciated when it was understood that the lake coast, not only
of this state, but of the United States, was more extensive than their sea coast.
The next leading object, he remarked, should be to unite the minor lakes and
secondary rivers with the canals, and to effect such a connection between the
bays on the sea coast as would ensure the safety of boat navigation against the
tempests of the ocean in time of peace, and against the depredations of an enemy
in time of war. He pointed out, as portions of this great system, the construc-
tion of canals to connect the Seneca, the Cayuga, the Canandaigua and other
lakes in the vicinity, with the Erie canal, and of a navigable channel from the
Hudson to the Delaware ; an union of the upper waters of the Susquehannah with
the Genesee and the Allegany rivers ; a connection of the Erie canal with the
Susquehannah river, through the Chenango valley ; of the same river with the Se-
neca lake; of the Erie canal at Buffalo with the Allegany river, at the confluence
of that stream with the Conewango, and of the Black river with the Erie canal ;
and the construction of a navigable communication between Gravesend bay and
other inlets of the sea, on the shore of Long Island. To these suggestions he
added others, concerning the importance of an uninterrupted navigation of the
upper waters of the Hudson river, and a road through the southern tier of coun-
ties from tide water to Lake Erie.

Of this comprehensive plan, the Oswego canal, the Cayuga and Seneca canal,
the Crooked Lake canal, the Chemung canal, the Chenango canal, and the De-
laware and Hudson canal, are already completed ; the Black River canal, the
Genesee Valley canal, the New- York and Erie railroad, and the Long Island
railroad, are now in process of construction ; while for the Ogdensburgh and
Lake Champlain railroad, the Connewango canal, the improvement of the north-
ern branches of the Hudson, and the projected continuation of the Chemung
and Chenango canals, surveys have been made under legislative authority.

INTRODUCTION. 115

Railroads, recently adopted in Europe for general purposes of transportation,
were at that time unknown on this side of the Atlantic ; but the system of inter-
nal improvement marked out by Clinton, has been found eminently practicable
with the application of that invention.

The public debt for the canals in 1825, amounted to seven and a half millions
of dollars, (all of which, it must be recorded to the honor of the state and the
country, had been borrowed of American capitalists,) and the annual interest
thereon to three hundred and seventy-six thousand dollars. The governor esti-
mated, that the tolls for the year would exceed three hundred and ten thousand
dollars ; that the duties on salt would amount to one hundred thousand dollars,
and that these, with the other income of the canal fund, would produce a reve-
nue exceeding by three hundred thousand dollars, the interest on the canal debt.
He stated also, that ten thousand boats had passed the junction of the canals
near tide water during the previous season. Remarking that the creative power
of internal improvement was manifested in the flourishing villages which had
sprung up or been extended ; in the increase of towns, and above all in the pros-
perity of the city of New- York ; and noticing the fact, that three thousand build-
ings had been erected in that city during the preceding year, Clinton predicted
that in fifteen years its population would be doubled, and that in thirty years that
metropolis would be the third city in the civilized world, and the second, if not
the first, in commerce.

Adverting to the efforts which Ohio was making to connect Lake Erie, which,
he remarked, might now be regarded as a prolongation of the Erie canal, with
the Ohio river, he declared, that he should welcome the commencement and
hail the consummation of that work as among the most auspicious events in our
history ; and closed his review of the condition and prospects of the state, with
the exclamation : " How emphatically does it behove us, in the contemplation
and enjoyment of these abundant blessings, to remember that we derive them all
from the great fountain of benevolence !"

The canal commissioners alluding to the pressure of business on the eastern

1 16 INTRODUCTION.

section of the canal, and the probability of its rapid increase, announced to the
legislature that it would be necessary before long to exclude passenger boats
from this part of the line, unless double locks were made through the whole
distance, and remarked that even then the crowd of boats in the spring and fall
would produce great inconvenience and delay. Reasoning that in many places it
would be almost impossible to construct double locks, and that in others it would
be attended with great expense, they inferred that in a very few years it would
be proper and perhaps indispensable to make a parallel canal along the valley of
the Mohawk. They showed, that in 1820 the tolls on ninety-four miles of the
Erie canal were $5,000 ; in 1821, on the same distance, $23,000 ; in 1822, on one
hundred and sixteen miles, $57,000 ; in 1823, on one hundred and sixty miles,
$105,000 ; and in 1824, on two hundred and eighty miles, had reached the sum
of $294,000. They submitted tables, in which they estimated the tolls on a
basis of the increase of population, and the progress of agricultural improvement,
and predicted that in 1836 two millions of people would be within the influence
of the Erie canal ; that its tolls would in that year reach the sum of one million
of dollars ; and that, if the rates should not be reduced, they would amount in
1846, to two millions of dollars, and in 1856, to four millions.

At this session, Samuel Dexter junior introduced a bill into the assembly for
exploring a route to connect the waters of the Black river with the Erie canal ;
Jacob Adrian Van Der Heuvel brought in a bill to construct a canal from Pots-
dam, in St. Lawrence, to the Oswegatchie, and to improve the navigation of that
river ; and Thurlow Weed proposed a survey with a view to connect the Allegany
river at Olean with the Erie canal at Rochester, by a navigable communication
through the valley of the Genesee river. Laws were passed at the same session,
authorizing the construction of the Cayuga and Seneca canal, adopting the
Oswego canal as a state work, and providing for surveys for most of the other
improvements recommended by the governor ; and the legislature, in view of the
approaching completion of the main arteries of the system of inland navigation,
directed that all the laws, reports and documents relative to the canals, requisite

INTRODUCTION. 117

for a complete official history of these works, with necessary maps and profiles,
should be carefully collected and published. This duty was performed with
much accuracy by a legislative committee, with the assistance of John Van Ness
Yates, then secretary of state, who had been one of the most constant and effi-
cient friends of the policy, of whose history he thus became the guardian.

On the 26th of October, 1825, the Erie canal was in a navigable condition
throughout its entire length, affording an uninterrupted passage from Lake Erie
to tide water in the Hudson. Thus in eight years artificial communications four
hundred and twenty-eight miles in length, had been opened between the more
important inland waters, and the commercial emporium of the state. This au-
spicious consummation was celebrated by a telegraphic discharge of cannon,
commencing at Lake Erie, and continued along the banks of the canal and of the
Hudson, announcing to the city of New- York, the entrance on the bosom of the
canal of the first barge that was to arrive at the commercial emporium from the
American Mediterraneans. Borne in this barge, De Witt Clinton and his co-
adjutors enjoyed the spectacle of a free people rejoicing in the assurances of
prosperity increased, and national harmony confirmed ; and were hailed, in their
passage, through towns and cities they might almost be said to have called into
existence, with the language of irrepressible gratitude and affection.

The governor, suppressing all feelings of self-gratulation, announced these
events to the legislature of 1826, as evidences of the ability, as well as the dis-
position of republican governments to promote the welfare of mankind. He
congratulated the representatives of the people that the spirit of internal im-
provement continued in full power here, and had diffused itself into other states.
He announcdd that the Oswego canal, and the Cayuga and Seneca canal, had
been diligently prosecuted ; the proposed canal between the Hudson and Dela-
ware rivers, a work encountering formidable physical difficulties, was in success-
ful progress, under the care of an incorporation which sought a trade with the coal
districts of Pennsylvania, and that commissioners, appointed at a previous session,
were surveying a road from Lake Erie to the Hudson, and works scarcely

] 18 INTRODUCTION.

less intimately connected with the prosperity of this state and the success of her
system of improvements were in process of construction by the state of Ohio.

The whole cost of the Erie and Champlain canals was stated at $9,130,000 ;
the canal debt at $7,738,000, and its annual interest at $413,000. The canal
commissioners reported that the tolls, during the preceding year, were $566,221 ;
and they estimated them for the current year at $750,000, which, with the other
revenues of the canal fund, would make the sum of $1,100,000, and after pay-
ing all expenses and interest, leave applicable to the reduction of the principal,
$575,000.

The year 1826 was distinguished by the commencement of the railroad policy
in the state of New- York. Stephen Van Rensselaer and others were incorpo-
rated with power to construct a railroad from Albany to Schenectady, and the
right to enjoy, for fifty years, the profits of the enterprise ; but the state reserv-
ing the right to assume the road on paying to the company the excess of the cost,
with interest thereon, over the profits of the work. This important feature has
been incorporated in all the charters since granted for the construction of rail-
roads, and circumstances are now occurring which indicate its importance.

The legislature in 1827, was occupied, so far as internal improvements were
concerned, with the policy of aiding the Delaware and Hudson Canal Company ;
with discussing the most eligible route for a connection between the Erie
canal and the Susquehannah river, and with considering the merits of the pro-
jected state road through the southern counties. Then, and during several suc-
cessive years, the general policy of internal improvement being scarcely ques-
tioned, the public mind was engaged rather with the comparative merits of
various projects, than in digesting and perfecting a system.

In 1835, the debt of the state, incurred in the construction of the Erie and
Champlain canals, had virtually been paid. Moneys derived from the revenues
of the canal fund, equal to the canal debt, had accumulated and been invested
for the security of the public creditors ; and the revenues arising from salt and
auction duties were now, by an amendment of the constitution, diverted to the

INTRODUCTION. 1 19

general purposes of the treasury; and the state was, therefore, in the full enjoy-
ment of those revenues, as well as such as were derived from the canals.

It was now found that the locks and other mechanical structures on the Erie
canal, were worn by time and use ; inconveniences were experienced in conse-
quence of its limited dimensions and inadequate lockage ; and notwithstanding its
eminent productiveness, it had failed to accomplish fully the objects of its construc-
tion, inasmuch as a considerable amount of western trade continued to seek mar-
kets by other routes. It was obvious, moreover, that the capacity of that channel
should be increased to reduce the expenses of transportation. The legislature,
therefore, directed that an enlargement should be undertaken whenever the
canal board should be of opinion that the public interest required such an im-
provement ; and it was referred to the discretion of the board to fix the dimen-
sions of the new channel. The canal board adopted the dimensions of seventy
feet width and seven feet depth, with double locks. The act of 1835 limited,
however, the expenditures for the enlargement, to the annual surplus of the canal
tolls, which, after 1837, was to be annually diminished by a considerable sum,
to be devoted to the uses of the treasury. In 1836, the legislature directed the
long contemplated construction of the Genesee Valley canal and of the Black
River canal ; and during this year those improvements were commenced, and the
enlargement of the Erie canal was prosecuted. A loan of the public credit, to the
amount of three millions of dollars, was, at the same session, made to a company
which had been incorporated in 1832, for the construction of a railroad between
the Hudson river and Lake Erie, through the southern range of counties.

The canal commissioners, in 1837, reported the progress which had been
made in the construction of the Genesee Valley and Black River canals, and the
enlargement of the Erie canal, and recommended the more speedy prosecution
of the latter work.

In 1838, the governor, William L. Marcy, announced that the canal commis-
sioners were devoting to the enlargement of the Erie canal, all the means placed
within their control ; that no new contracts, however, had been entered into

120 INTRODUCTION.

during the preceding year, and that some failures and delays had occurred with
respect to those previously made. He remarked, that the best interests of the
state appealed with great earnestness for the early completion of that important
improvement, and he was persuaded that a larger sum than the existing appro-
priation might be advantageously expended without causing an interruption or
delays in navigation. Adverting also to the advantages of the canal as a channel
for western trade, he declared that both duty and interest indicated the pro-
priety not only of making it adequate to the public wants, but of doing so at the
earliest practicable period.

Stephen Van Rensselaer, William C. Bouck, Jonas Earll junior, John Bowman
and William Baker were then canal commissioners. They urged the vigorous
prosecution of the enlargement as a measure of enlightened economy and fore-
sight. But apprehensions were found in the legislature, that the policy recom-
mended could not be pursued without committing too deeply the credit of the
state. Although the feasibility of the New- York and Erie railroad had been de-
monstrated, yet that important enterprise had not sufficiently gained the confi-
dence of the community, to secure subscriptions and payments upon its capital
stock, sufficient for its prosecution, without a modification of the conditions upon
which the company then enjoyed a loan of public credit. To some extent
that enterprise was regarded as one of local character, and it therefore found
little favor in remote regions of the state. The enlargement of the Erie canal
assumed a similar aspect, in the view of those who desired the former improve-
ment. A general suspension of specie payments, by banking institutions through-
out the union, had occurred in 1837; and a commercial revulsion unprecedented
in the history of the country, and the effects of which have not yet entirely jiassed
away, was paralyzing the energies of men in every department of industry and
enterprise. Under these circumstances all questions before the legislature, in
relation to the public works, were merged in the important consideration of the
financial ability of the state. The comptroller, Azariah C. Flagg, in his annual
report, examined the resources and condition of the treasury, and earnestly re-
commended a svstem of finance, of which taxation should be a part, the adoption

INTRODUCTION. 121

of which would, in his opinion, ensure the prompt payment of the interest, and
the ultimate redemption of the principal of the public debt.

Samuel B. Ruggles, chairman of the committee on ways and means of the
assembly, submitted a report, in which he examined the condition of the finances,
and reviewed the progress of internal improvements. In this paper he showed
that, on the first of July, 1836, the revenues of the canal fund had accumulated
to a sum sufficient to pay the canal debt ; which incident it was declared ought
to be regarded as the crowning event in the canal policy of the state, and as
fixing an important era in its history. He further showed that when the canals
were commenced, the state possessed productive property valued at $2,740,000,
yielding a revenue of $419,900; a school fund of $982,000; and a literature
fund of $26,000 : that when the canals were commenced, the nett income of the
treasury was reduced to $180,000 annually, by the diversion of the salt and
auction revenues to the canal fund : that a tax which had previously been laid to
defray the expenses of the late war, was then continued : that in 1826, the rapid
increase of the canal tolls began to exhibit itself, and the state tax was discon-
tinued, on the ground that the balance remaining of the general fund, $2,740,000,
would sustain the government, until the debt, for which the salt and auction du-
ties, and canal tolls were pledged, should be extinguished ; and that those reve-
nues would then be liberated and placed at the service of the state : that by the
exhaustion of the general fund, in defraying the ordinary expenses of the govern-
ment, and by loans for the same purpose, the sum of $3,156,000 had been ex-
pended ; but that the salt and auction duties, which had been received between
the years 1817 and 1836, and paid to the public creditors, amounted to upwards
of $5,000,000 ; that those duties, to the amount of $5,000,000, were virtually
invested in the canals as a substitute for the $3,156,000 expended during the
same period for the ordinary purposes of government : and that the state, since
the year 1825, had created a debt, then yet outstanding, for the construction of
lateral canals, amounting to $3,555,000. He further showed that, in the twenty
years since the commencement of the canals in 1817, the productive property of
Intr. 16

122 INTRODUCTION.

the state had increased from $2,973,617 to $22,157,742, or, after deducting the
then existing state debt, to $17,624,986 ; that the annual revenue had increased
from $419,907 to $1,413,846 : that during the same period, $500,000 had been
expended upon public buildings, the school and literature funds had been
doubled, the state tax discontinued, and the people relieved from burthen or
expense in supporting the government : that after applying $400,000 of the canal
tolls annually to the support of the government, there would remain, applicable
to purposes of internal improvement, an annual nett revenue of $787,103 ; that
that sum alone would pay the annual interest on $15,643,000 : that any augmen-
tation in the revenue of the canals would increase the financial ability of the
state : that every $500,000 of revenue would serve as a basis of finance to sustain
$10,000,000 of debt : and that, assuming the opinions of the canal commissioners
expressed in their report of that year, that the canals soon after the completion
of the enlargement would yield tolls to the amount of $3,000,000 per annum,
the sum of thirty millions of dollars might be borrowed, expended, and finally
reimbursed within twenty years ; or the sum of forty millions might be so bor-
rowed, expended, and reimbursed within twenty-eight years. This view of the
financial ability of the state was illustrated by estimates of the tolls and nett re-
venue of the canals during a series of years, based upon the experience of the
increase since their completion. In this table it was assumed that the nett reve-
nues from the canals for 1838 would be $800,000 ; that it would increase at the
rate of $100,000 per annum, until 1842 ; that after that time, owing to the com-
pletion of the enlargement, and other works of internal improvement, and the
increase of commerce, until 1845, it would increase at the rate of $200,000 per
annum ; and from 1845, until 1849, at the rate of $300,000 per annum ; at which
time the nett revenue would reach the sum of $3,000,000.

The sources from which this large accession of revenue was to be anticipated,
were pointed out as existing in the extensive and rapidly increasing communities
growing up around the western lakes. The surprising progress already made
by that interior group of states, in population, wealth and productive power, was

INTRODUCTION. 123

shown, and the pecuniary results to be realized from their further and necessary
increase, were also predicted. The comparative advantages of the enlarged
Erie canal, as an outlet for the trade of those interior communities, to the Atlan-
tic, over its present course down the Mississippi to the gulf of Mexico, were also
dwelt upon ; and the importance of completing that work with all practicable
despatch, was earnestly urged upon the legislature. The important commercial
effects to be produced by completing the different lines and systems of artificial
communication then in jirogress through those inland states, were also adverted
to, together with the fiscal and political advantages to be derived by this state in
procuring the transit through its territory for all time to come, of the immense
trade of this vast interior region.

In accordance with the conclusions of this report, a law was passed in 1838,
appropriating four millions of dollars for the prosecution of the enlargement of
the Erie canal. Laws were also passed at the same session, loaning the credit
of the state to the Catskill and Canajoharie, the Auburn and Syracuse, and the
Ithaca and Owego railroad companies, to the extent of eight hundred thousand
dollars, and modifying the loan to the New- York and Erie Railroad Company.

An obvious propriety requires, that the writer of these notes should pass with-
out comment, over the period that remains to be filled up with the progress of inter-
nal improvement. Samuel B. Ruggles was appointed canal commissioner in 1839,
to fill the place rendered vacant by the widely lamented death of the venerated
Stephen Van Rensselaer. In 1840, Asa Whitney, Simon Newton Dexter, David
Hudson, George H. Boughton and Henry Hamilton, became canal commission-
ers. The present board consists of Jonas Earll junior, James Hooker, George
W. Little, Benjamin Enos, Stephen Clark and Daniel P. Bissell. In 1840, the
conditions of the loan to the New- York and Erie Railroad Company were fur-
ther modified, and appropriations were made to carry on the construction of the
canals ; and during the three years, from 1839 to 1842, all those works were
vigorously prosecuted.

124 INTRODUCTION.

The tolls on all the canals in this state, during the season of navigation in 1841,
were $2,034,878, exceeding those of 1840 by $259,831, equal to an increase of
fourteen and a half per cent; and those of 1831, by the sum of $811,077, equal
to an increase in ten years, of more than sixty-six and one quarter per cent.

The New- York and Erie railroad, four hundred and fifty-one miles in length,
is now one-half completed, and may be brought into use in 1844, if prosecuted
with the same energy as heretofore. The enlargement of the Erie canal is one-
half finished ; nearly all its mechanical structures having been already replaced
with works of great strength and durability, and it may be finished within three
years, if prosecuted with due diligence. The Auburn and Rochester railroad
has been brought into profitable operation; portions of the Long Island railroad,
nearly half of the Genesee Valley canal, and the eastern section of the New- York
and Erie railroad, have been opened, and are now usefully employed. Our rail-
way communications were extended one hundred and sixty miles within the last
year, and their present aggregate length is seven hundred and forty-seven miles;
and the total length of our canal navigation is eight hundred and three miles.
Meanwhile, enlightened citizens of this state and of Pennsylvania have opened
an active and prosperous exchange of gypsum, salt, coal and iron, by the Che-
mung canal, and by the Ithaca and Owego railroad. There is reason to expect
that the continuous line of railroad, now reaching from Albany to Batavia, will
be extended to Lake Erie within the year ; while the citizens of Albany and Bos-
ton have connected our interior thoroughfares with the system of similar works
in the eastern states, consisting of one hundred and fifty-two miles of canals, and
eight hundred miles of railways ; thus opening to us facilities for social intercourse
with the people of those prosperous communities, and convenient access to their
manufactures, granaries, seaports and fisheries. This important union of the
two great northern systems was regarded as marking an era in the progress of
internal improvement, so important, and excited so deep an interest, that the
governors and legislatures of the states whose combining enterprise had secured
the auspicious result, assembled at Springfield, in Massachusetts, a point equi-

INTRODUCTION. 125

distant from their respective capitals, and there exhibited the spectacle, no less
sublime than novel, of the governments of two communities, represented by their
executive and legislative authorities, uniting in mass to exchange felicitations
upon the completion of works which guaranteed domestic tranquillity, ensured
their safety from external aggression, and bound their citizens, already allied by
common blood and common language, in perpetual bonds of commercial, politi-
cal and social union.

Agricultural improvement did not engage public attention until after the revo-
lution. An association was instituted in 1791, for the promotion of agriculture,
arts and manufactures, and was incorporated in 1793. Among the founders
were John Jay, Robert R. Livingston, George Clinton, Samuel L. Mitchill, Ezra
L'Hommedieu, Egbert Benson, John McKesson, Samuel Jones, Thomas Tillot-
son, Aquila Giles, Philip Van Cortland, Edward Livingston, John Thurman,
Simeon De Witt, Horatio Gates and Richard Varick. The name of De Witt
Clinton appears in the catalogue of 1798. The transactions of the society con-
tain many excellent papers, and exhibit the then condition of agriculture. The
society found the art of culture without method. No sufficient means of diffus-
ing proper intelligence existed. Although the publications of the society had a
limited circulation, yet they stimulated inquiry. The low condition in which
agriculture was found, when these efforts commenced, may be learned from a
report to the British board of agriculture, made by William Strickland, in 1794,
after extensive travel in this state. " The course of crops," says he, "is as fol-
lows : First year, maize or indian corn ; second, rye or wheat, succeeded im-
mediately by buckwheat, which stands for seed ; third, flax or oats, or a mixed
crop ; then a repetition of the same thing, as long as the land will bear any thing,
after which it is laid by without seed for old field : Or, burn the woods, (that is,
clear the land from timber;) then, first, wheat, second, rye, then, maize for four or
five years, or as long as it will grow ; then, lay it by, and begin on fresh wood
land ; Or, burn the woods ; then wheat four or five years ; then one or two of
maize, or as long as it will grow ; then lay by four or five years for old field,

126 INTRODUCTION.

without seeds. ****** Manure is scarcely made use of, but what
little is collected is given to the maize, which requires every support that can be
given it. Clover is just beginning to be cultivated, in consequence of which good
pasture and plenty of hay take the place of old field, and by the use of gypsum
astonishing crops are obtained. The average produce of wheat in New- York
has been stated to me, by very intelligent persons, at twelve bushels per acre ;
which agrees with the general opinion, and I believe is as high as it ought to be
stated. The average of Dutchess county, which, under a proper cultivation,
would be a most productive as it is a most beautiful county, has been stated at
sixteen bushels : twenty bushels per acre are every where a great crop. The
average of maize may be about twenty-five bushels ; thirty bushels per acre is a
great crop. With such agriculture as has been stated, it is not to be wondered
at that the produce should be so small, and yet it will be found that the average
of this state is superior to that of any other in the union. ***** The
wheat of New- York is esteemed the best in the United States, and that grown on
the banks and branches of the Mohawk, the best in the state."

To this graphic sketch it must be added, that farmers, at the period referred
to, were destitute of proper implements of husbandry. The cast iron plough
had not been invented ; and, not to mention more important instruments, now
considered indispensable, the horse hay rake, the threshing machine, the roller
and the cultivator, were unknown ; or if any of them had been invented, they
were so imperfect and so little used as to produce no effect on the general state of
agriculture. To understand the progress since made in the art of cultivation, as
well as to mark the existing defects in our system, we must consider separately
subjects which, when combined, constitute the basis of improved tillage. In all
new countries, where the soils abound in the elements of fertility, manure is un-
dervalued. No care is bestowed in preserving and using it, until diminished
crops, from an impoverished soil, expose the error which has been committed.
Although this error has been somewhat checked in a portion of the state, it still
prevails in the newer regions where the natural fertility seems to be inexhaust-

INTRODUCTION. 127

ible. Nevertheless, the contrast in this respect to the picture before presented,
is full of encouragement. Barns and yards are now constructed with a view to
the accumulation and preservation of manure, and extensive experiments have
been made to ascertain the manner in which the greatest possible benefit can be
derived from its use. Discrimination prevails in the application of whatever is
used for that purpose, to the different species of plants. Indian corn and roots
are now cultivated with the immediate application of fresh manures, while the
grain crops are cultivated upon grounds previously prepared, by incorporating
the nutriment with the soil. Several substances are now extensively used as
manure with beneficial results, such as poudrette and peat, and especially gyp-
sum, which, although fifty years ago known to be a stimulant to vegetation, was
regarded as operating to exhaust the fertility of the soil. More gypsum is now
prepared and sold in the counties of Onondaga and Cayuga alone, than twenty
years since was used throughout the whole state. It has been found by expe-
rience that the deep ploughing, and complete pulverization, now performed with
ease by means of improved instruments, expose the soil more completely to the
action of the atmosphere, and furnish a better range or pasture for the roots of
plants, and thus operate favorably in regard to both the certainty and abundance
of production. The present mode of draining lands already capable of cultiva-
tion, is wholly a modern improvement ; that process having heretofore been
confined to swamps and marshes. The sub-soil plough has been invented with
express reference to freeing soils from water and deepening them, without bringing
to the surface the sub-soil which is unfit at first for purposes of vegetation. Our
agriculturists have also learned that the mechanical mixture of the earths, by
effectual ploughing, conduces to fertility. But in no respect has there been a
more decided advance in husbandry, than in the attention paid to the rotation of
crops. The practice of exhausting land with a succession of similar or varied
crops, and then " laying it by for old field," is no longer known. The impor-
tance of an alternation of crops with a seeding of grasses, as a part of the rotative
system, is universally acknowledged, and has not only been demonstrated by scien-

128 INTRODUCTION.

tific theory, but is now generally approved and adopted; and a system of
rotation, in which crops cultivated with the hoe, alternate with the grains, has
been recently found an economical substitute for the former process of summer-
fallowing. A great advance in farming has been effected by the introduction of
root crops into field culture. It is true that the labor of cultivation is expensive,
but it is abundantly repaid by increased production, and the superior condition in
which the soil is preserved. Our farmers have generally been very negligent in
regard to improving the breed of domestic animals. Recently, however, the
efforts of a few public spirited persons in introducing cattle, swine and sheep
from improved stocks in Europe, have been crowned with high success. The
race of horses has been less improved. It is to be hoped that the time has passed
when efforts in this important department of agriculture must encounter popular
prejudice and ridicule. In England the advance in weight of cattle, sheep and
lambs, has averaged at the Smithfield market, as estimated by different indivi-
duals, at different times, as follows : In 1810, cattle, twenty-six stone six pounds ;
1830, thirty-nine stone four pounds ; 1840, forty-six stone twelve pounds : in
1810, sheep and lambs, two stone; 1830, three stone eight pounds ; 1840, six
stone six pounds. Although it cannot be affirmed that an equal advance has
been made here, yet very beneficial effects have resulted as well from the greater
care practised in feeding and raising stock, as from the introduction of improved
breeds from abroad. The merino blood in sheep has been so extensively diffused
since its introduction here in 1809, that it is supposed none of the former race
of that animal remains unmixed in the country. Among the animals which have
been introduced, are the Short horns, Hereford, Devon and Ayshire cattle ; the
South down, Leicester and Coteswold sheep ; the Berkshire, Irish grazier and
Kenilworth swine ; and pure bloods or crosses of some of these animals are
found in every county, if not in every town in the state. At the present time,
thirty-five bushels of wheat per acre is not considered a great crop, and the pro-
duct frequently reaches forty and even fifty bushels. Seventy-five or eighty
bushels of corn per acre is not an extraordinary yield. We cannot speak with

INTRODUCTION. 129

confidence of the increase of root crops ; since, with the exception of the potato,
all culture of that kind is still in its infancy. It is much to be regretted that
provision has not hitherto been made for obtaining statistics concerning the
quantity of land under cultivation, and the number of acres devoted to particular
crops and their extent ; since the information which might have been thus derived
would have been not merely useful in ascertaining the present condition of agri-
culture, but eminently conducive to its future improvement.

The chief step in the improvement of the plough, was the invention by Jethro
Wood, which consisted in substituting in the construction of that instrument,
cast iron for wood and wrought iron. The new plough thus produced, was
more manageable, and more easily drawn ; and the apprehensions that its strength
would not be found sufficient to resist the power applied to draw it, were ulti-
mately found to be groundless. The utmost skill of mechanism has also been
applied in ascertaining the form best adapted to equalize the friction and resist-
ance with the work to be performed. Land is now more perfectly and quickly
tilled with the labor of two horses, than with double that power applied to the
implement before in use. Moore's plough, for use upon an inclined surface,
performs its work with as much ease and completeness as similar labor is per-
formed upon a plain. The threshing machine, a modern invention, has already
become indispensable to the farmer. With the horse hay-rake in the meadow,
labor is performed equal to that of six men ; while as a gleaner of the harvest
field, its use annually more than repays its cost. The cultivator has greatly
reduced the expense of producing indian corn. Modern improvements of the
harrow have diminished the weight of that instrument, and given it greater effi-
ciency in pulverizing the soil. The heavy wrought hoe, and the clumsy three-
pronged iron fork, have given place to the steel plate polished hoe, and to the
steel fork with four or six tines. We have machines which, with the application
of horse power, clear in a perfect manner ten or fifteen acres of grain per day ;

Intr. 17

130 INTRODUCTION.

and drill-barrows which have reduced the labor and waste of sowing and plant-
ing. There has been a marked improvement in the quantity and quality of
fruits : Our farmers are not all of them satisfied now as formerly with the apple
orchard, but have their fruit gardens, in which, with the arts of grafting, inocula-
ting and transplanting, fine varieties of pears, plums, cherries and other exotic
and domestic fruits are produced. The dwellings of our farmers are now, much
less frequently than heretofore, constructed as if magnitude was the most impor-
tant object in their erection. Farm houses may now be found in all parts of the
state, combining elegance with comfort and convenience, and refined taste is
manifested in the planting and preservation of shade trees. The location and
the adaptation of barns and other outbuildings are now especially regarded.

While the society of 1793, gave to agriculture the impulse which has resulted
so propitiously, it is now apparent that that institution was defective in omitting
to establish fairs, or gatherings, in which farmers and patrons of the art might
exchange friendly greetings, and become acquainted with improvements of tillage
and implements. In 1819, under the administration of De Witt Clinton, and
chiefly in consequence of his recommendations, an act was passed, appropriating
ten thousand dollars annually, for four years, to improve agriculture, the arts and
manufactures. A board of agriculture was established, and provision was made
to induce the organization of societies throughout the state. The anniversaries
of these institutions were the farmers' holidays, when lectures and addresses
were delivered, and premiums were awarded to those who produced the finest
animals, the largest and best crops, the most useful inventions, and superior
domestic fabrics ; but the societies soon languished and became extinct. The
chief fault of the law of 1819 was, that it did not hold out sufficient inducement
to voluntary effort. The distribution of the public money was unconditional,
and when it ceased, the societies were without funds. Nevertheless, the act of
1819 was followed by very beneficial results. Among these, were the improve-
ment of the breeds of domestic animals, the invention of many useful implements
of husbandry, and the introduction of new methods of culture. In 1841, a new

INTRODUCTION. 131

effort was put forth by the legislature. An appropriation was made of eight
thousand dollars annually, for five years, to the State Agricultural Society, the
American Institute of New- York, and societies in the other counties in the state ;
on condition, however, that they should respectively devote to the improvement
of agriculture, funds, otherwise acquired, equal to the sums contributed from the
treasury. The effects of this beneficent law are already seen in the interesting
volume containing the transactions of the state agricultural societies for 1841, in
the general attention to agricultural science, and in the annual exhibitions and
fairs of the state agricultural society, and the several county associations.

Agricultural journals also recently established, have contributed much to the
promotion of that important object. Among those in this state which have
exerted the most efficient influence, the Ploughboy, by Solomon Southwick, the
Cultivator, to which the late Jesse Buel assiduously devoted the energies of his
philosophic mind, and the Genesee Farmer, edited for many years by Luther
Tucker and Willis Gaylord, and now conducted with equal ability by Henry
Coleman, have been eminently successful. These journals have not merely dif-
fused information concerning the processes of agriculture, but they have assigned
to the farmer his proper position and just influence in society, and shown him the
importance of intellectual acquirement. They have elevated the occupation in
popular respect to the dignity of a profession, and it is no longer regarded as one
of toilsome service, but as one of true honor, enjoyment and usefulness. Here
too, as in Europe, agriculture has advantages from a more intimate connexion
with science. To Sir Humphrey Davy belongs the honor of making chemistry
subservient to the art. It now seems strange indeed, that while every process
in the growth of plants, from their germination to their maturity, is purely the
result of chemical action, scarcely an inquiry was bestowed upon the develop-
ment of that action, until it engaged the attention of that philosopher. Davy
was followed by that more profound investigator, Chaptal, and he by Liebig and
Johnston. The works of those authors, together with Dana's volume on manures,
which is of even greater practical usefulness, have now attained very general

132 INTRODUCTION.

circulation ; and though they contain many theories which have yet to undergo
the test of more accurate investigation, they have already opened to our citizens
a new and most interesting department of science. The district school library
has afforded facilities for introducing our farmers, in every school district in the
state, to an intimate acquaintance with all that is valuable in these works.

An opinion generally prevails that production is altogether greater in Great
Britain than here, in proportion to the quantity of improved land, and to population.
The number of improved acres of land in the state of New- York is ten millions ;
in Great Britain, ninety-eight millions. This state annually produces thirty-nine
millions of bushels of wheat, barley, oats and rye. Great Britain produces two
hundred and sixty-two millions. New- York produces two millions of cattle, and
five millions three hundred and eighty-one thousand sheep. Great Britain pro-
duces ten millions of cattle, and forty-four millions of sheep. It thus appears
that New- York is more productive in proportion to the quantity of improved
land, than Great Britain. The comparison, however, would not hold good if
instituted with the strictly agricultural districts of England. The United States
produces an average of eighteen and a half bushels of grain for each person,
while Great Britain produces in the proportion of twelve bushels for each person.
But it must be remembered, that in addition to the grains which have been
already mentioned, and which are common to both countries, the United States
has a bread crop consisting of four hundred millions of bushels of indian corn, of
which the state of New- York produces eleven and a half millions, while Great
Britain has no corresponding crop adapted to human sustenance. The United
States produces twenty-one millions of swine, a larger number than is to be found
in all Europe. Of these, two millions are produced in this state ; and this compared
with similar productions in Great Britain, increases the proportion of this state
in productions adapted to human sustenance. It may be useful to place on record
for future reference, as well as to excite attention to the importance of agricul-
tural statistics, an account of the annual productions of the state as derived from

INTRODUCTION. 133

the recent census, which, although not altogether reliable for accuracy, is still the
nearest approximation to the truth that can be found.

Bushels of wheat, 12,309,041

" barley, 2,301,041

" oats, 21,896,205

" rye, 2,723,241

" buckwheat, 2,325,911

" indian corn, 11,441,256

" potatoes, 30,6 1 7,000

Tons of hay, 3,472,118

" hemp and flax, 1,508

Pounds of silk cocoons, 3,425

" sugar, -..11,102,070

Gallons of wine, 5,162

Pounds of wool, 9,845,295

Pounds of hops, 447,250

" beeswax, 52,795

Horses and mules, 474,543

Neat cattle, __ 1,911,244

Sheep, 5,118,777

Swine, 1,900,065

Value of poultry, $1,153,413

" dairy products, $10,496,021

" home-made family goods,. $4,636,547

" productions in market gar-
dens, _. $499,126

" nurseryand florist produce, $75,980

If, in a survey of the progress and present condition of agriculture, we find in it
many errors of theory to condemn, and many absurd prejudices and practices to
be removed, we also find grounds to hope for its continual advancement. It is a
science which appeals to us not merely by our desire to increase the public
wealth, enlarge the public intelligence, and elevate the standard of public virtue,
but as the surest guarantee for the perpetuity of that policy of peace and domes-
tic contentment which is indispensable to the existence of democratic institutions.

Horticulture was practised as a merely useful art from an early period. A
great variety of fine fruits and plants was introduced soon after the war of the
revolution, by William Prince and James Bloodgood, the proprietors of two of
the oldest and most extensive nurseries in the state. Many of our citizens, whom
pleasure or business called abroad, sent home rare and valuable varieties of trees
and plants. Chancellor Livingston, and other members of the same family, took
especial pains to introduce seeds of plants likely to prove desirable here, and
the trees thus planted, among which are many fine varieties of cherries and
other fruits, may still be seen at the manor garden in Clermont.

The New-York Horticultural Society was founded by a combination of ama-
teurs and practical gardeners, in 1818. The first president was Thomas Storm,

134 INTRODUCTION.

and among its most efficient members were Dr. Hosack, De Witt Clinton, Dr.
Mitchill, and Martin Hoffman ; and also Messrs. Wilson, Bridgeman and Hogg,
who were practical gardeners. Under the fostering care of this society, horti-
culture acquired a rapid growth. The New- York Farmer and Horticultural
Repository, edited by S. Fleet, one of the first gardening newspapers, was an
organ of this society.

The Domestic Horticultural Society was established in western New- York in
the year 1828. John Greig, of Canandaigua, was its first president ; and among
its earliest and most valuable members was David Thomas, of Cayuga, before
mentioned as an engineer on the Erie canal. Mr. Thomas is a scientific and
practical cultivator. A society was established at Newburgh during the same
year, and another at Albany in 1829. The late Jesse Buel was the first president
of the latter, and although mainly distinguished as an agriculturist, contributed
much, both by his writings and by means of a nursery which he established, to
promote the increase of horticultural knowledge in the northern and western
portions of the state.

At the present time the taste for horticulture is very generally diffused, and
particular departments are assigned to the subject in the annual exhibitions of
the American Institute in New- York, and the State Agricultural Society. There
are five societies devoted to its interests, and no less than twenty commercial
gardens or nurseries ; the most extensive general nurseries at present in the
Union being those of Messrs. Wilcomb & King, (formerly Bloodgood's), at
Flushing, L. I., and Messrs. Downing, at Newburgh.

The " Economy of the Kitchen Garden," by William Wilson, the first origi-
nal work on the subject published in the state, appeared in 1828 ; and " A Short
Treatise on Horticulture," by William Prince, in the same year. Since that
time, the " Gardeners' Assistant," by Thomas Bridgeman, has gone through eight
editions. " A Treatise on the Vine," published in 1830, and the " Pomological
Manual," in 1831, by William R. Prince, have been among the most useful and
interesting works published in the country. Mr. Loudon's valuable gardening

INTRODUCTION. 135

works have had considerable influence in diffusing horticultural knowledge, in
the absence of native treatises better adapted to our climate ; and the gardening
works of English authors still have a large circulation in the state. Never-
theless, horticulture, as an art of design, has received very sparing attention.
Fine foreign trees and plants have been cultivated in many places with success,
but examples of elegant arrangement haver arely occurred. The late M. A.
Parmentier, of Brooklyn, Long Island, who emigrated from Holland and esta-
blished a botanical nursery, (since destroyed,) first attempted to introduce the
natural style of laying out grounds. One of the best specimens of his taste is
the seat of the late Dr. Hosack, at Hyde Park, on the Hudson*

During the past year a desideratum in horticulture has been supplied by " A
Treatise on Landscape Gardening," with a view to the improvement of country
residences, by A. J. Downing ; and more recently we have been favored with a
volume entitled " Designs for Cottage Residences," by the same author.

Civil engineering has been admitted to rank as a liberal profession within our
own times, both here and in England. Canals and railroads have been constructed
so rapidly, that it would be almost impossible to distinguish among the engineers,
and award to each the merit justly due. We have mentioned a discovery of
valuable hydraulic cement. We may add, that very accurate knowledge has
been obtained of the comparative strength, durability and economy of materials,
and that a distinguishing characteristic of our public works, is the nice adapta-
tion of means to the ends to be accomplished.

The aqueduct by which the city of New- York is supplied with water, will be
an enduring monument, and a description of that work will, perhaps, convey the
best information which can be given of the present condition of mechanical
science. The conduit commences at the Croton river, in Westchester county,
where a dam has been constructed, raising the water of that stream 40 feet
above its natural level, and 166 feet above mean tide. The aqueduct is pro-
longed down the valley of the Croton to the shore of the Hudson, thence through

* Notes on Agriculture were received from Willis Gatlord, Esq. and notes on Horticulture from A. J. Downing, Esq.

136 INTRODUCTION.

the villages of Sing-Sing, Tarrytown, Dobb's ferry and Yonkers, where, leaving
the Hudson and crossing the valley of Sawmill river and Tibbitts brook, it gains
the summit between the Hudson and East rivers, and continues on that summit
to the Harlem river, a distance of 32*880 miles of continuous masonry. Iron
pipes are then laid 1450 feet, on an arched bridge, across the valley of the
Harlem river, at an elevation of 114 feet above high tide. After crossing the
valley, the aqueduct of masonry is resumed and continued two miles to the Man-
hattan valley, which is passed with iron pipes, descending 102 feet to the bottom
of the valley, and continued rising again to its opposite side, the distance across
the valley being 0*792 mile. The masonry conduit is again resumed, and cross-
ing the Asylum ridge and the Clendinning valley, is continued 2 '173 miles to the
receiving reservoir at Yorkville. This basin is 1826 feet long and 836 feet
wide, and including its embankments, contains an area of thirty-five acres divided
into two parts ; from thence iron pipes are laid beneath the surface of streets
2 '176 miles, to the distributing reservoir at Murray hill, three miles from the
City Hall.

This reservoir is 420 feet square, and covers four acres. It is divided
into two equal parts, and has an average elevation of 44 '05 feet above the
level of the adjacent streets. The length of the aqueduct, including the iron
pipes and reservoir, from the Croton dam to the receiving reservoir, is 45*562
miles ; and including the elevated surface of the Croton river, and the large
mains conducting the water from the distributing reservoir through the central
parts of the city, the entire length is 50 miles, of which the masonry conduit
constitutes 37 '067 miles. The rocks through which the line of the aqueduct
passes are two marble quarries in Westchester, and for the residue of the route
gneiss of many varieties. A large portion of the open cutting, and nearly
all the tunnel cutting, have been made through rocks, more than 400,000 feet
of which have been excavated. The formation of the ground is very irre-
gular. There are on the line sixteen tunnels, varying in length from 160 feet to
1263 feet, and being in aggregate length 6841 feet. The height of the ridges

INTRODUCTION. 137

above the great level at the tunnels, ranges from 25 feet to 75 feet. In West-
chester county, the line of the aqueduct is crossed by twenty-five streams, at
depths varying from 12 to 70 feet below the grade line. Besides these there
are numerous other brooks and valleys of less depth, over which culverts are
constructed. The most important valleys on the Manhattan island, over which
the aqueduct passes, are the Manhattan valley, Clendinning valley and Bowne's
valley.

The bottom of the aqueduct is an inverted arch ; the chord or span line is 6
feet 9 inches, and the versed sine 9 inches ; the masonry of the side walls rises
four feet above the springing line of the inverted arch, with a bevel of one inch to
a foot rise, or four inches on each side, which makes the width at the top of the
side walls 7 feet 5 inches. These walls form the abutments of the roofing arch,
which is a semicircle, having a radius of 3 feet 8£ inches, or a chord line of 7
feet 5 inches. The greatest interior width of the aqueduct is 7 feet 5 inches,
and the greatest height 8 feet 5 J inches. The area of the interior is 53 '34
square feet.

The plan, dimensions and kind of masonry, are as follows : In excavation, a
bed of concrete masonry is laid down as a foundation ; it is laid level across the
bottom, 3 inches thick at the centre of the inverted arch, and curved on its upper
surface to form a bed for the arch, which brings it 12 inches thick at the spring
line, and is carried 3 inches thick under the side walls, or abutments. The
abutments are 2 feet 8 inches thick at the spring line of the inverted arch, and
2 feet at the top or spring line of the roofing arch. The inverted arch is of brick
4 inches thick ; the roofing arch is also of brick 8 inches thick. The abutments
or side walls are of rubble stone, with a brick facing of 4 inches thick. Span-
drels, of stone, are carried up solid from the exterior angle of side walls on a
line that is tangent to the arch. When the bed of concrete is formed for the
inverted arch, a heavy course of plastering is laid over it, on which the arch is
laid. When the stone work of the side walls was up, the face that received the
brick lining had its irregularities filled with successive courses of plastering, and

Intr. 18

138 INTRODUCTION.

finally an uniform course of a quarter of an inch in thickness over the whole, in
front of which the brick facing was laid up. A course of plastering was also put
over the roofing arch. The concrete masonry was formed by mixing one part
hydraulic cement, three parts clean sand, and three parts fine broken stone.
The masonry was all laid up in hydraulic cement. The mortar for the stone
work was composed of one measure of cement to one of clean sharp sand ; and
that for the brick and plastering consisted of one part of cement to two of sand.
The area of a cross section of the masonry is,

Concrete masonry, 4,605 square feet.

Stone inside walls, 21,572 "

Do in spandrels, 2,690 "

28,867

Brick in arches and side facing, 13,658 square feet.

Total, 42,525 "

In embankment the concrete masonry is laid on foundation walls, has one foot
extra thickness and three feet in extra width. The base of the side walls is also
increased, and the proportion of cement to sand in concrete and mortar for stone
work, is 1 to 2j feet.

The proportion of embankment to excavation on the line of the aqueduct, is
about as one to eight. The aqueduct is covered with earth of sufficient depth to
protect it from frost. To pass streams, there are one hundred and fourteen cul-
verts, the aggregate length of which is 7,959 feet, and varying in span from
1J feet to 25 feet. There are five road culverts from 1 to 20 feet span. All
the culverts are constructed in the most improved manner, laid in hydraulic
cement.

There are thirty-three ventilators, to give free circulation of air through the
aqueduct. They rise fourteen feet above the surface of the ground, tapering
towards the top, and are of circular form, constructed of well dressed stone, and
have an aperture of fifteen inches in diameter : they are placed at a distance
from each other of one mile.

There are six waste-weirs, constructed of well dressed stone, having cast-iron

INTRODUCTION. 139

gates and gate frames fitted to stone jambs and lintels. The frames are faced
with brass for the gates to work against. The gates are operated by a wrought-
lron screw rod, with a brass nut working in a cast-iron socket. The water falls
from the gates into a well, and is carried off through a culvert. The waste-weirs
are protected by stone buildings with brick arch roofs.

■ The dam in the Croton river, as first constructed, was provided with a waste-
weir 90 feet wide, which, in the high flood of January, 1841, proved insufficient
to pass the water, and a breach was made in the embankment about 200 feet
long. This breach was then filled by a structure of hydraulic stone masonry,
adopting 180 feet thereof as an additional waste-weir. The greatest height of
the weir of the dam is 40 feet above the low water mark, and 55 feet above the
bed of the river. The width of masonry at low water line of the river is 61 feet.
The form on the lower face commences on a curve described by a radius of 55
feet, and continues to within about 10 feet of the top, when a reversed curve, on a
radius of 10 feet carries the face over and meets the back line of the wall. The
back line is carried up vertically, with occasional offsets. The main body of the
work is laid up of rough stone ; the curve face of large and closely cut stone
with four heavy courses at the bottom dovetailed together ; the joints cut to the
line of radius of curve. Above the masonry an embankment of masonry is filled
in in width 275 feet on the bottom, with a slope of 1 to 5 on the up-stream face.
The north end of the new weir is terminated by an abutment which rises 12
feet above it.

From the toe of the masonry an apron is extended 35 feet, composed of hewn
timber, well secured, and filled for 16 feet from the stone work, with concrete
masonry ; and the remainder with loose stone, and the whole covered with a
course of six inch white elm plank. A second apron is made, extending 30 feet
further. At 300 feet below the main dam is a second dam nine feet high, which
sets the water over the apron of the main dam, and thus forms a pool to check
the water as it falls over the weir. About 120 feet of the foundation of the dam
is of concrete masonry, laid down on a very firm hardpan, and the remainder

140 INTRODUCTION.

upon timber piers, the spaces between which are filled with concrete masonry.
The dam sets the water of the river back about five miles, and forms a reservoir
covering about 400 acres.

The gateway which guards the entrance to the aqueduct, is placed on the
solid rock, in a situation not exposed to the floods. The gate chamber is pro-
vided with a double set of gates ; one set of guard gates set in cast-iron frames ;
the other, a set of regulating gates made of gun metal, set in frames of the same
material. The gates are all 18 by 40 inches, and there are nine in each set, and
they are operated by means of wrought-iron screw rods. The gate chamber
and bulkheads are constructed of well-dressed masonry laid in hydraulic cement.
The water is conducted from the reservoir into the gate-house by a tunnel cut
180 feet through the rock, and flows into the bulkhead at the upper end of the
tunnel from a level averaging 10 feet below the surface of the reservoir. The
builders of this dam were McCullough, Black, McManus and Hepburn.

The Sing-Sing kill, the bottom of which is 66 feet below the grade line of the
aqueduct, is crossed by a bridge resting on a single arch of 88 feet span and 33
feet rise. The form of the arch is an oval drawn from five centres. The bridge
is constructed of well dressed masonry laid in hydraulic cement. The builder
was Andrew Young, of Philadelphia.

The width of the Harlem river, where the aqueduct crosses it, is 620 feet at
ordinary high water mark. The shore on the southern side is a rock rising from
the water's edge, at an angle of about thirty degrees, to a height of 220 feet.
On the northern side a strip of table land forms the shore, and extends back
from the river four hundred feet to the foot of the roeky hill, which rises at an
angle of about twenty degrees, to the level of the aqueduct. The table land is
elevated about 30 feet above the river. The channel of the river to which the
water is reduced at very low tides, is 300 feet wide, and the greatest depth is
16 feet. The bridge which is now in progress of construction, crosses this valley
on eight arches, each of 80 feet span, resting on piers that are (at each extre-
mity and in the centre) twenty feet wide at the spring line of arches, with in-

/

INTRODUCTION. 141

termediate piers that are 14 feet wide at the spring line. On the south of this
range of large arches, there is one, and on the north, there are six arches, each
of 50 feet span, resting on piers seven feet wide at the spring line, and two abut-
ments that terminate the arch work of the bridge. From the abutments a con-
tinuous line of wall of dry stone work is extended to the gate chambers on each
side. The length of the bridge is 1450 feet. The height of the river pier above
high water line, is 60 feet to the spring of the arches, and 95 feet above the
lowest foundation. The arches are semicircular, and the height 100 feet to the
soffit or under side at crown ; to the top of the parapets 114 feet above ordinary
high water, and 149 feet above the lowest foundation. The width on the top of
the parapets is 21 feet. The space between the parapets is arranged to receive
and protect from frost two cast iron pipes, each four feet in diameter, and lying
12 feet below the grade line of the aqueduct, and connected at each end of the
bridge with the masonry aqueduct by gate chambers. To make the capacity
of the pipes for conveying water equal to that of the aqueduct, an extra fall of two
feet has been given across the bridge, and the aqueduct on the southern side
is depressed two feet below the grade to accommodate this arrangement. The
utmost care and skill have been bestowed in securing durable foundations for the
piers. The material of the bridge is well dressed granite. While the bridge
remains unfinished, the water is conveyed in iron pipes in the shape of an in-
verted syphon. The immense and expensive structure which has been de-
scribed, was deemed necessary, by the legislature, to prevent obstruction of
navigation of the Harlem river.

The greatest depression of the Clendinning valley is 50 feet below the top of
the aqueduct, and the valley is 1,900 feet across. Streets cross the line of the
aqueduct in this valley at right angles. The aqueduct passes the valley on a
bridge, and archways are constructed over three of the streets. The archways
for each street are one for carriage way of thirty feet span, and an arch on each
side for side walks of ten and a half feet span. The style of masonry is the
same as that of the Sing-Sing bridge. That part of the bridge which has no

142 INTRODUCTION.

provision for street arches is composed of a continuous wall of masonry, carried
up on a bevel of one-twelfth its rise to the grade line of the aqueduct, where it
is thirty feet wide. The outside or face of this wall, for one foot in breadth, is
laid in hydraulic mortar, and the remainder is dry masonry, consisting of courses
of large stone, with the interstices thoroughly filled with small broken stones.

The receiving reservoir is formed with earth banks, the interior having
regular rubble walls, and the outside is protected by a stone wall laid up on a
slope of one horizontal to three vertical ; the face laid in cement mortar, and the
inside dry. The inside is protected by a dry slope wall laid on the face of the
embankment, which slopes one and one-half horizontal to one vertical. The em-
bankments are raised four feet above the top water line, and vary in width from
eighteen to twenty-one feet. Vaults or brick archways are constructed, in which
iron pipes are laid, so arranged that the pipes from the northern division of the
reservoir connect with those of the southern division, and thence pass off to the
distributing reservoir, and to supply the adjacent districts. The vault on the
eastern side is 540 feet long and is 16 feet span ; that on the western side is 400
feet long and 8 feet span. The pipes are all provided with stop-cocks, and so
arranged that they can receive water from either division, except one pipe from
each division leading to the distributing reservoir. A pipe is put through the
division bank with a stop-cock, to allow the water, or not, to pass from one divi-
sion into the other. The aqueduct insersects the reservoir at right angles with
its westerly line, and 252 feet south of the northwesterly corner. At this point
a gate chamber is constructed, with one set of gates to pass the water into the
northern division, and another set to pass it into a continued conduit of masonry
constructed within the embankment of the reservoir, to the angle of the south-
ern division, which the water there enters by a brick sluice. This arrangement
gives the power of directing the water into either division, or both, at the same
time. A waste-weir is constructed in the division bank. It has not been deemed
necessary to complete the excavation of this reservoir. It has at present a capa-
city for 150,000,000 imperial gallons.

INTRODUCTION. 143

The distributing reservoir is built upon ground higher than any part of the
city south of it. The walls are built upon a foundation sunk five feet below the
grade of the streets, and are of hydraulic stone masonry, constructed with open-
ings, to reduce the quantity of masonry and give a more enlarged base. The
ojjenings are made by an exterior and an interior wall, connected at every ten
feet by cross walls, which are carried up to within seventeen feet of the top, and
then connected by a brick arch thrown from one to the other, and the spandrels
between them levelled up solid, and a course of concrete put on the whole six
inches thick, which reaches a level ten feet below the top on which the exterior
wall is carried up single to the top. The exterior wall has a bevel of one to six,
and is uniformly four feet thick from the bottom to the top of the connecting
arches. The inner wall is carried up plumb with ofF-sets ; the lower section six
feet thick ; the middle section five feet thick. The span between the exterior and
interior walls at 41 feet below the top is 14 feet, or 24 feet from the outside of
exterior to the inside of interior walls, and the span between them at the spring
of the connecting arches, in consequence of the bevel of the exterior wall, is
reduced to 9 feet and 9 inches ; and from outside of exterior to inside of
interior walls, 17 '75 feet. The cross walls are four feet thick at the bottom, and
have an off-set of six inches on each side, at eight feet below the spring line of
the connecting arches, and have openings at a suitable level near the bottom, to
allow the construction of drains, and to permit persons to pass in and examine
the work.

On each corner of the reservoir, pilasters 40 feet in width are raised, project-
ing four feet from the main walls, and in the centre on the streets and on the
5th avenue, are pilasters 60 feet wide, and projecting six feet. The pilaster in
the centre on the 5th avenue, rises seven feet above the main wall, and all the
others four above. Doors are placed in the central pilasters on 40th and 42d
streets, which give access to the pipe chambers. In the central pilaster an en-
trance is made by a door to a stairway that leads to the top of the walls. On
the outside walls is an Egyptian cornice, which accords with the general style of

144 INTRODUCTION.

the work. Inside of the walls of masonry, a thorough puddled embankment of
suitable earth is formed, 58^ feet wide at the line of the reservoir bottom, and
sloping on the inside face 1 J to 1 per 24 feet high, and making, with the walls on
top, a width of 17 feet; the face of the banks is lined with a course of rubble
hydraulic masonry 15 inches thick, and coped with dressing stone. The bottom
is an impervious hardpan, on which two feet of puddled earth is laid, and this
covered by 12 inches of hydraulic cement. The reservoir is divided into two
divisions by a wall of hydraulic masonry ; the wall is 19 feet thick at the bottom,
6§ feet at top water line, and 4 feet at the top. In this wall a waste-weir is placed,
with a well of two falls, together 52 feet, from which the waste water enters a
sewer and passes off about one mile to the Hudson. In each division there is a
waste cock to draw the water from the bottom. The reservoir is designed for 36
feet of water, and when full, will stand 115 feet above mean tide. The walls rise
four feet above the water line. An iron railing is to be placed around the walls
on the top of the cornice. The capacity of this reservoir is 20,000,000 imperial
gallons.

The general declivity of the aqueduct is 0-021 foot per hundred, or a fraction
over 13J inches per mile. The Croton reservoir, which has received the name
of Croton lake, is available for 500,000,000 imperial gallons of water, above the
level that would allow the aqueduct to discharge 35,000,000 gallons per day.
The flow of the Croton river is about 27,000,000 of gallons in twenty-four hours
at the lowest stages. The work was commenced in May, 1837, and so far com-
pleted that the water was admitted into the distributing reservoir on the fourth
of July last. The survey, plans and estimates of the work were made by pro-
fessor Douglass, who was succeeded as chief engineer by John B. Jervis. The
aqueduct has been constructed at the expense of the city of New- York, under
the direction and supervision of commissioners appointed by the governor and
senate. The following persons have been commissioners : Stephen Allen, Walter
Bowne, Benjamin M. Brown, Saul Alley, Charles Dusenbury, William M. Fox,
Thomas T. Woodruff and Samuel R. Childs. The present commissioners are,

INTRODUCTION. 145

Samuel Stevens, John D. Ward, Benjamin Birdsall and Zebedee Ring. The
cost of the work is about twelve millions of dollars.*

In 1823, a place was assigned to the science of civil engineering in the pro-
gramme of studies at the United States military academy at West-Point. This
excellent national institution traces its origin to the recommendation of Washing-
ton. It was founded in 1802, and having received especial care and attention
under the administration of Jefferson, was enlarged in 1812, on the earnest recom-
mendation of Madison. The school consists of two hundred and fifty cadets,
divided into four companies, and taught in the field all the duties of the military
profession. They are divided, for theoretical instruction, into four classes, and
four years are required to complete the entire course of studies. That course
includes mathematics, the French language, English composition, rhetoric, geo-
graphy, topographical drawing, natural and experimental philosophy, chemistry,
landscape drawing, engineering, the science of war, ethics, constitutional law,
infantry tactics, artillery, pyrotechny, mineralogy and geology .f

Although our civil architecture is open to criticism, yet several of our state and
municipal edifices furnish evidence of improving taste. The custom house, the
exchange, the university and the halls of justice in New- York ; the exchange,
public edifices and academic structures in Albany, and the lunatic asylum at
Utica, and the state prison at Auburn, although they exhibit departures from
severe canons, are nevertheless believed to be creditable to the enterprise of our
citizens. Not much can be said in praise of the monumental branch. Notwith-
standing some puerility of detail, when we compare St. Paul's and the old Tri-
nity with more recent structures, we might infer that sacred architecture was
declining. Our domestic architecture has improved with the increase of wealth
in private life. While we cannot now, or ever hereafter, compare with the
palaces of individuals who enjoy hereditary wealth and rank in other countries,

* An account of the Croton aqueduct, prepared by J. B. Jertis, chief engineer, was received from Samuel Stevens,
the president of the hoard of commissioners. See plates of the aqueduct at the end of the volume.
t Notes concerning the Military Academy were received from Colonel De Rnssv, U. S. A.

Intr. 19

146 INTRODUCTION.

we may safely claim, that for suitableness to our social state, and for all that can
minister to domestic convenience and comfort, the edifices of our citizens are not
surpassed in any other community.* Our naval architecture may perhaps justly
be regarded as a peculiar triumph of American genius. Our packet ships en-
gaged in foreign trade, and especially the steam palaces which float upon the
Hudson river, Long Island Sound and the lakes, combine the elements of strength
and beauty with great speed and perfection of internal arrangements. While
the civilized world is in the full enjoyment of the advantages of steam naviga-
tion, the people of New- York, at least, need not to be reminded of their obliga-
tions to her own eminent citizens, Robert Fulton, John Stevens and Robert R.
Livingston. Experiments on steam navigation were commenced in 1791, by
John Stevens, of Hoboken. He invented the first tubular boiler. His first
attempts were made with a rotary engine, for which, however, he speedily sub-
stituted one of Watts'. With various forms of vessels, and different modifica-
tions of propelling apparatus, he impelled boats. In 1797, chancellor Livingston
built a steamboat on the Hudson, and the legislature granted an exclusive privi-
lege of steam navigation, on condition that he should, within a year, produce a
vessel impelled by steam at the rate of three miles per hour. Being unable to
perform this condition, the privilege failed. Livingston and Stevens united their
efforts with Nicholas Roosevelt in 1800, but without success. Chancellor Living-
ston pursued his favorite object in Paris, where he engaged the efforts of Fulton.
Fulton, after a trial of various other apparatus for propulsion, decided that the
paddle wheels possessed the greatest advantage. He then planned a mode of
attaching wheels to Watts' engine, and finding the experiment successful in a trial
on the Seine, it was determined by him and Livingston to build a large boat
upon the Hudson. He then proceeded to England, and personally superintended
the construction of a new engine by Watts and Bolton. This engine was re-
ceived in New- York in 1806, and the vessel prepared for it was set in motion in

* Notes on Civil Engineering and Architecture were received from Prof. Mahan, of the United States Military Academy
of West-Point.

INTRODUCTION. 147

1807, the legislature having extended the law. During this time Stevens had
persevered in his efforts at home, and only three or four days after Fulton's suc-
cess was established, Stevens had a boat in motion with the required velocity ;
and as his experiments were entirely separate from those of Fulton, he seems
justly entitled to divide the honor which, by the popular judgment, is exclu-
sively awarded to Fulton*

The labors in hydrography of Edmund M. Blunt and his sons, deserve espe-
cial notice. The American Coast Pilot was first published in 1796, and was
then a small pamphlet of about eighty pages, containing an account of the chief
harbors in New-England, with sailing directions, and has been, by labors and
additions through forty years, augmented to a volume of about one thousand
pages, giving an accurate account and directions for navigating the eastern coast
of America, from Labrador to Cape Horn, including that of the West India islands.

While the country, and especially this state, has been steadily rising into great
commercial and maritime importance, the government, until 1830, manifested a
total neglect of hydrographical science ; yet through the persevering enterprise
of Mr. Blunt, there are to be found in the Coast Pilot as full and complete
directions for the navigation of the American coast, as those furnished with the
aid of government in other countries.

No actual surveys were made of this part of the American coast, until 1822,
when Mr. Blunt surveyed the harbor of New- York, and its eastern entrance.
In 1827 he extended his surveys to Long Island Sound, and made an elaborate
survey of the coasts of that arm of the sea, which has proved to be a survey of
the greatest utility to commerce. Some estimate may be formed of the extent
of this private enterprise, when it is recollected that the coast to be surveyed
was two hundred and fifty miles in length, and that many islands and bays are
comprehended in the survey.

Since that time the great triangulation of the coast, by the authority of the
federal government, has been extended over the same coast, under the direction

• Encyclopaedia Americana.

148 INTRODUCTION.

of professor Hasler as principal, and James Ferguson of Albany, and Edmund
Blunt of New- York, assistants.

The charts used throughout the United States, both of the coast of the United
States and the West Indies, are published by E. and G. W. Blunt, and they
have entirely superseded the foreign charts, being original drawings, continuing
the new discoveries and corrections with the general outline adopted in the
English charts.

In connection with this subject, it is proper to state that directions have been
given for an accurate triangulation of the Niagara river at Niagara falls, and the
result will be given in one of the following volumes.

Unhappily there is not in this, nor in any other country, a taste sufficiently
general for the study of the useful arts. Occasionally a brilliant invention arrests
the attention of mankind, and homage is involuntarily yielded to a discoverer
who has contributed to the well-being and happiness of our race. But the laws
of mechanics, although fixed, invariable and easy of comprehension, remain un-
studied and unregarded. Neglecting inquiry into the processes by which results
have been attained, society is content to pay its tribute of admiration for the
results themselves. Inventions are brought into general use, and curiosity con-
cerning the inventor, and the progress of his discovery, ceases altogether ; or if,
like the printing press and the steam engine, the invention marks a new era in
the march of civilization, a confused association of the author's name with his
invention takes possession of the public mind, and millions repeat his praises
without at all inquiring into the justice of the award. Although mechanical in-
ventors are busy among us, we have few trophies of the genius of our citizens
besides the application of the steam engine to navigation. MacAdam, the in-
ventor of the well-known improvement in the mode of constructing common
roads, was a native of New- York, although his genius received its development
in England, whence we have received his invention. Paul K. Hodge has
published a work called " The Steam Engine, its origin and gradual improve-
ment from the time of Heron to the present day, as adapted to manufactures, lo-

INTRODUCTION. 149

comotion and navigation," which is held in high esteem. The author has the
merit of having invented the steam fire-engine, a machine of great importance in
populous cities. James Renwick has written several valuable treatises, among
which we may mention " The Application of the Science of Mechanics to Prac-
tical Purposes;" and also a work " On the Steam Engine." Alexander S. Byrne
has published " Observations on the best mode of propelling ships." William C.
Redfield's " Essays on Meteorology," and on " The Causes of Hurricanes," have
attracted much attention in that abstruse and unexplored field of science. It
must be admitted that he has ably defended his theory in opposition to that of
professor Espy. The labors of professor Davies in the science of pure mathe-
matics, and those of professor Mahan in that of mixed mathematics, and its ap-
plications in civil engineering and kindred departments, conducted, as they have
been, at the United States military academy in West-Point, are claimed as a
valuable portion of the scientific property of the state. Doctor Nott's improve-
ment of furnaces for burning anthracite coal, has been especially useful in the
manufacture of machinery and in the improvement of steam navigation, as well
as conducive to health and the comforts of social life. An important and
valuable work has just issued from the press, entitled " A descriptive and histo-
rical account of hydraulic and other machines for raising water, ancient and
modern," by Thomas Ewbank of New- York. The author, who is deeply versed
in mechanical science, has, by a collection of rare and curious facts in the pro-
gress of invention, presented in a spirited yet unaffected manner, attempted to
disturb the popular indifference to mechanism, and to invest that science with
the interest of history and the charm of romance. His extensive, minute and
accurate account of the more important engines and machines now in use, ren-
ders his work exceedingly useful to the student in that department*

From notices of practical applications of science, we pass to a brief review of
the progress of literature, and shall, for obvious reasons, dwell most upon such
productions as especially illustrate points in the character, condition or circum-

* Notes on the Useful Arts were received from Rorus W. Griswold, Esq.

150 INTRODUCTION.

stances of the state. The history of the races which inhabited the American
continent previously to the planting of the European colonies, is a vast field im-
perfectly explored. Ancient fortifications erected anterior to the discovery of
America, have been found in all parts of the state. De Witt Clinton, after
personal examination, described the ruins of fortifications in Pompey, Onondaga
county. In several parts of that town, there are remains of ancient populous
settlements. The site of the ruins is on the high ground which divides the
waters which flow into Chesapeake bay, from those which seek the ocean
through the gulf of St. Lawrence ; and the formations between this ridge and
the shore of Lake Ontario indicate an abrasion of rocks, and a recession of the
waters by which the valley has been exposed. The ruins are similar to those
found in the interior of the continent ; from an examination of which our anti-
quarians have, with great unanimity, deduced the opinion that a vast population,
many ages since, existed on the continent, having large towns, possessing military
defences, and pursuing agriculture, and more advanced in civilization than the
aboriginal nations which have inhabited the same country since the European
discovery. Many interesting relics found in such ruins have been preserved in
the Albany Institute, especially utensils made of pottery. There is another class
of ruins which furnish traces of visits by Europeans, of which there is no histo-
rical account. The Indians found in the settlement of the colony, have no
reliable tradition concerning either of these descriptions of ruins. A few rude
characters etched upon the rocks are all the enduring hieroglyphics, found in the
northern portion of the continent east of the Hudson ; and these are unintelligible,
although the learned and ingenious Schoolcraft supposes that he has discovered
a key to unlock the mystery. Monuments every where remain, but they bear
no records of the eloquent, the wise and the brave, who may have flourished in
a long lapse of ages. Even the origin of the present aboriginal races is involved
in mystery, and the curious and learned are equally divided on the question,
whether the ancestors of these races were drifted upon the southern division of
the continent, from the islands of the South Sea, or whether they were of

INTRODUCTION. 151

Tartar origin, and found their way there by crossing Behring's straits. Yet
another theory derives the aborigines from the Northmen of Europe. This
theory is based upon the resemblance of the American Indians to the Esqui-
maux, and between the Esquimaux and the Laplanders. Dr. Samuel L. Mitchill
maintained this hypothesis. Henry Wheaton, now minister of the United
States at the court of Berlin, has pursued investigations which, together with
those of the Swedish antiquaries, have produced a general conviction that the
Northmen visited the shores of New-England several centuries before the dis-
covery of America by Columbus ; and it is argued that if the bold adventurers
in the age of Eric the Red could traverse the North seas from Norway to
Greenland, and thence to the American coast, spirits equally brave might have
done the same ages before. Other speculators have attempted to trace the
descent of the American Indians from the Canaanites driven from Palestine by
Joshua. Grotius and Martyr believed that Yucatan was first peopled by Chris-
tian Ethiopians ; while some regard those races as descendants of the long lost
ten and a half tribes of the children of Israel.*

The first colonial historian of the Six Nations was Cadwallader Colden, and
his work is valuable although it reaches only to a very short period subsequent
to the peace of Ryswick. The work is certainly good authority as a record of
facts, and manifests a benevolent spirit and an inquiring genius. It is especially
interesting also because it shows that each of the Five Nations was a distinct re-
public, while they were all bound in a confederacy with a grand central council
at Onondaga. Colden, however, is supposed to have erred in adopting^the French
opinion, that the Five Nations had only recently occupied the country in which
they were found at the time of the discovery of the continent. David Cusick,
an educated Tuscarora Indian, about twenty years ago published a history of the
Six Nations, derived from their traditions. This work, which as a merely literary
work is without merit, nevertheless establishes the fact, if any reliance can be
placed on Indian tradition, that the five nations resided in the country now con-

* Adair, Boodwot, Miller, M. M. Noah.

152 INTRODUCTION.

stituting western New- York, for a very long period anterior to the first visit of the
Europeans. But Cusick's chronology is almost as wild as that of the Chinese
or the Hindoos, for he gives accounts of the reigns of a long line of kings, reach-
ing through a period of thousands of years. There are two points, however, in
the traditions of the Six Nations which are both curious and important, to wit, the
resemblance between their cosmogony and that of the Hindoos, and the fact that
the Noachian deluge is incorporated in their legends, as it has been found in all
the barbarous nations on the eastern continent. A discourse, pronounced before
the Historical Society of New- York, in the year 1811, by De Witt Clinton, pre-
sents the most useful compendium of the history of the Six Nations. Sir William
Johnson wrote a series of letters to Arthur Lee of Virginia, upon the manners,
customs and government of the Six Nations, but it is not known whether the work
is extant. The reverend Samuel F. Jarvis, then of New- York, but now of Con-
necticut, in 1819, produced a learned and eloquent treatise on the religion of the
North American Indians, in the form of a discourse before the New- York Histo-
rical Society. William Smith, in his History of New- York, has given the history
of the Six Nations, but it is little more than a compendium of Colden's writings
on the same subject.

The most elaborate and authentic modern work upon the origin of the Ameri-
can red man, and the antiquities of that race, is that recently given to the public
by Alexander W. Bradford. His researches and inquiries embrace the wide
region from the snow huts of the Esquimaux to the palace of the Incas. His
conclusions are, that all the various nations and tribes inhabiting America at the
time of its discovery were derived from one primitive civilized source, and that
the emigration to this continent proceeded from southeastern Asia through the
Indian Archipelago, and across the islands of the Pacific ocean. This theory,
however, has yet to abide the test of inquiry.

George Catlin spent several years among the aboriginals of the far west, and
his volumes are curious and interesting, regarded as a sketch of the living
manners of the inhabitants of the forest. In the department of Indian philology,

INTRODUCTION. 153

Albert Gallatin has given us an elaborate and invaluable essay upon the struc-
ture of the American languages, illustrating the tongues of fifty-three nations.

William L. Stone has had the felicity to appropriate to himself the depart-
ment of Indian biography. His first work was " The Life of Joseph Brant,
or Thayendanegea." The title, however, does not convey a just idea of the
work, which is a complete history of the Iroquois confederacy during the life
of the hero. Brant was the leader of the Indian auxiliaries of the British
army during the revolution. The work is rich in historical information, con-
cerning the border scenes of that eventful struggle. The next work, by the
same author, was the Life and Times of Red Jacket, or Sa-go-ye-wat-ha, the
last great orator of the Iroquois confederacy. In this work the history of the Six
Nations is resumed at the period of the death of Brant, and continued until the
late dissolution of the league. The speeches of Red Jacket, preserved in this
volume, will for all time become more interesting as authentic exhibitions of the
rhetorical art, as it existed in a barbarian community. The Life of the Seneca
White Woman, called by the Indians Deh-he-wa-mis, by James G. Seaver, is
especially valuable for the light it throws upon the history of Sullivan's campaign
in the Genesee country in 1779. The affecting story of Wyoming is known to
every reader of Campbell's touching and most beautiful poem. But for an au-
thentic narrative of the painful events which the poet celebrated, we are indebted
to William L. Stone. William W. Campbell's Annals of Tryon County is a valu-
able contribution to the history of the state, and especially instructive concerning
the trials and sufferings of our frontier population exposed to Indian barbarities
during the war of the revolution. Edwin James has given us a narrative, by
John Tanner, a Virginian, who was captured by the Indians in his childhood,
which abounds in information concerning the Indians in the interior of the con-
tinent, and especially their manners, sentiments and customs. Tanner became
entirely assimilated to the Indians, and this interesting book was written from
his own lips, and may be deemed, therefore, a production of Indian autobiogra-
phy. Washington Irving's Memoir of Philip of Poconoket, a fierce yet magna-

Intr. 20

154 INTRODUCTION.

nimous warrior, celebrated in the annals of Massachusetts, and who fell in a
chivalrous effort to drive the intruding white man from the continent, is written
with all the benevolent spirit and taste of its accomplished author. Henry R.
Schoolcraft, a native of this state, but now a citizen of Michigan, has been a phi-
losophic and enthusiastic student of the languages and unwritten literature of
the red men. Besides many important contributions to our reviews, he has given
us in his work, under the fanciful title of Algic Researches, a library of Indian
romance, very precious, and such as no other than its author could have gathered
and so tastefully arranged. Much assiduity has been manifested in collecting
materials for the history of New- York. The description of the New-Nether-
lands, by Adrian Vanderdonck, translated by Jeremiah Johnson, abounds in cu-
rious and interesting information concerning the early condition of the colony,
and its relations with the Indians and with the other provinces.*

The earliest English accounts of the colony which remain, is " A Brief De-
scription of New-York, formerly called New-Netherlands," by Daniel Denton, a
small quarto printed in London in 1607. The author informs us that the book
was written with the object of giving " some directions and advice to such as
shall go there, an account of what commodities they shall take with them, and
the profit and pleasure that may accrue to them thereby." There is a copy of
this curious work in the state library.

It is perhaps not generally known that the name of the city of New- York,
which was assumed in 1664 was, in 1673, changed to New-Orange. This fact
appears from " A View of the City of New-Orange, as it was in the year 1673,
with explanatory notes, by Joseph W. Moulton." This pamphlet abounds in very
curious and apparently very authentic information concerning the manners, cus-
toms and habits of the period to which it relates. A pamphlet was published in
New- York, in 1799, entitled "A Description of the Settlement of the Genesee Coun-
try in the state of New- York," in a series of letters from a gentleman to his friend.

* Notes on Antiquities and the Press were received from the Honorable Gabriel Fcbmam. Notes on Female Bio-
graphy and Indian History were received from William L. Stone, Esq.

INTRODUCTION. 155

It is valuable, as containing a history of the progress of the settlement of western
New- York previous to the commencement of the present century. Joseph W.
Moulton, about twenty-five years since, associated with John Van Ness Yates, to
produce a history of New- York, and the excellence of the volume published has
caused a very general regret that the purpose of the authors was relinquished.

In 1829, there appeared a work entitled " The Natural, Statistical and Civil
History of the State of New- York," in three volumes, by James Macaulay. This
work, although very comprehensive, was supposed to be inaccurate, and it has
not obtained rank as a standard work. William Dunlap subsequently attempted
to execute a history of the state, and he collected very valuable materials, but
his talents and acquirements were not equal to so ambitious an undertaking.
More recently Jabez D. Hammond has published two very interesting volumes,
containing the political history of the state of New- York, from the adoption of
the constitution until 1840. The work is written with candor and with" studied
accuracy.

" A Sketch of the first settlement of the towns on Long Island," by Silas Wood,
is a very valuable and authentic work. " The History of Long Island," by Ben-
jamin F. Thompson, published in 1839, is rich in local incidents and illustra-
tions of public characters. " Sketches of Rochester, with Notices of Western
New- York," by Henry O'Reilly, published in 1838, contain very useful informa-
tion concerning the settlement of the western counties. The publications of the
New- York Historical Society deserve a conspicuous place among the historical
productions of the state. This society was formed in 1804, and received a
charter from the legislature in 1809. Among its founders were De Witt Clinton,
Daniel D. Tompkins and Rufus King, bishop Moore, the reverend Dr. Hobart
afterwards bishop, the reverend Drs. Millers and Kunrey, Drs. Mitchill and
Hosack, and other eminent citizens. The society subsequently received liberal
aid from the state. They have collected a large and valuable library of historical
works, in manuscript as well as printed volumes, and have already published
six volumes of transactions. At the instance of the Historical Society, the legisla-

156 INTRODUCTION.

ture authorized the appointment of an agent to visit Europe, and select and tran-
scribe documents in the archives of European states, which might tend to illus-
trate our colonial history. John Romeyn Brodhead, who was appointed to per-
form that duty, has, through the liberality of the governments of the Netherlands
and of Great Britain, explored the archives of those countries, and collected a
mass of valuable official papers, commencing with the discovery of the colony,
and reaching to the close of the revolution. The agent is now in Paris, and is
improving the generous permission given him by the king of the French to ex-
plore the public offices in that city, for materials for perfecting that part of our
history which relates to the wars between the English and French, many scenes
of which occurred in the western and northern parts of this state. The legisla-
ture also, on the suggestion of the Historical Society, has, within the present
year, completed the publication of the legislative history of the state, by giving
to the press the journals and correspondence of the revolutionary provincial con-
gress, the council of safety and committee of safety. But the attention of our
historians has not been exclusively confined to our own state. Francis L. Hawks,
under the title of " Contributions to the Ecclesiastical History of the United
States," has written the history of the church in Virginia and Maryland. J. Fen-
nimore Cooper's History of the Navy of the United States, is justly regarded as
a national work. " Notices of the War of 1812," by John Armstrong, late
secretary of war, were published in two volumes.

The life of Philip Schuyler is yet unwritten, if we except the sketch con-
tained in chancellor Kent's historical discourse. We have also only a brief eulo-
gistic notice of chancellor Livingston. The fame of John Jay has been mere
fortunate, the life of that christian statesman having been fully, impartially
and elegantly written by his son, William Jay, of Westchester county. We are
indebted to that indefatigable national biographer, Jared Sparks, for ample
volumes giving us the personal and political history of Gouverneur Morris. John
C. Hamilton has produced two volumes, bringing down the life of Alexander
Hamilton to the period when the federal constitution was formed. The work is

INTRODUCTION. 157

executed in a manner worthy of the subject, and praise can go no higher. Theo-
dore Sedgwick, junior, has given us a very interesting work in the life of William
Livingston, a native and long a citizen of this state, afterwards governor of New-
Jersey. Dr. David Hosack wrote an obituary memoir of De Witt Clinton :
the work is rather an eulogy than a biography, but the appendix to the volume
contains a vast mass of materials illustrating the history of the state during the
career of Clinton. James Renwick has written the life of Clinton, in a popular
form, and it has found a place in the school district library. To Samuel L.
Knapp we are deeply indebted for a life of Thomas Eddy, who, as has been
seen, was distinguished in promoting the canal policy, and who for his disinte-
rested and efficient zeal in the cause of humanity, received from his contempo-
raries the name of the American Howard. He was the projector of the Society
for the Reformation of Juvenile Delinquents in the city of New- York, under
whose government is the House of Refuge ; an institution justly "pronounced by
De Witt Clinton the " best penitentiary ever devised by the wit and established
by the benevolence of man." The fame of Robert Fulton found worthy guar-
dians in Cadwallader D. Colden and professor Renwick. Maryland owes great,
obligations to Henry Wheaton, of New- York, for a memoir which does ample
justice to the eloquence, the patriotism, talent and professional learning of her
son William Pinckney. It would be supererogatory to speak of the Life of
Christopher Columbus, by Washington Irving.

Among the scanty materials for ecclesiastical history which we possess, we
refer with pleasure to the Life of the reverend John H. Livingston, by Alexander
Gunn ; the Life of the reverend Samuel J. Mills, a devoted missionary of the Colo-
nization Society, by Gardiner Spring; and the Life of the right reverend John H.
Hobart, by McVickar, and also a Life of the same distinguished prelate by Ber-
rien.

Among the productions of the prolific pen of the late Robert C. Sands, is a Life of
that celebrated naval captain, John Paul Jones. Aaron Burr was a living mystery :
his life has been written by Matthew L. Davis, with distinguished accuracy. It

158 INTRODUCTION.

is to be ascribed to the peculiarity of the subject that such an account, given with
even the partiality of private friendship, has resulted in diminishing the interest
which was universally felt in regard to colonel Burr so long as he lived, and which
perhaps would have long survived him if his life had remained unwritten. The
autobiography of colonel Trumbull throws light upon some portions of our revolu-
tionary history, and upon many public characters during that period, as well as
ujwn the progress of the fine arts. Henry C. Van Schaack has performed a filial
duty with great propriety in his life of his father, Peter Van Schaack. The
writer's object was to vindicate the purity of motive of that eminent lawyer in
his neutrality during the revolution. The work adds very interesting materials
for the full history of the great conflict, which yet remains to be written.

The National Portrait Gallery of distinguished Americans, by James Herring,
consisting of four volumes, embellished with one hundred and forty portraits, is
a work creditable to the literature and to the arts of the country. We can only
notice, in passing, De Witt Clinton's Sketch of the Life of Philip Livingston, and
the same author's Memoir of the Life of George Clinton, and similar sketches of
Dr. Hugh Williamson and Dr. Bard, by David Hosack ; of John Wells, by Wil-
liam Johnson ; and of general James Clinton, by William W. Campbell. William
L. Stone's account of the noted fanatic and religious impostor Matthias, contains
many facts which will be useful to the student in mental philosophy. William
Dunlap has left valuable materials for biographical literature, in his History of
the American Theatre, and also in his History of the Arts of Design.

We must acknowledge and lament our deficiencies in female biography. Still,
what works of that kind we possess, are exceedingly interesting. Among these is
a memoir of Mrs. Ann Elizabeth Bleecker, published in 1793, by her daughter
Margaretta V. Faugeres. We are indebted to Mrs. Grant of Scotland for the
Life of an "American Lady," by which designation was intended Mrs. Schuyler,
the wife of colonel Schuyler of Albany. The work is not without interest as
mere biography, but it is also exceedingly instructive concerning the manners
and customs which prevailed in the colony during the period which was included

INTRODUCTION. 159

in the close of the seventeenth and the commencement of the eighteenth century.
The people of this state will cherish in grateful remembrance Isabella Graham,
a Scottish lady, who passed the greater portion of her life in New- York, minis-
tering to the poor, and alleviating the sorrows of the afflicted ; and who was
prominent among the founders of the orphan asylum in that city. A memoir of
her life has been written by Divie Bethune. The poet Southey has said that
the annals of English literature did not furnish a more brilliant example of pre-
cocious genius than Lucretia Maria Davidson. Her biography has been written
by Miss Sedgwick. That it has been written well and justly, the name of the
authoress is a sufficient guaranty. The genius of Margaret Miller Davidson, a
younger sister of Lucretia, at a very early age produced fruits equally ripe, and
which have been gathered and given to the public by the kind and gentle hand
of Washington Irving. We conclude these notes of female biography with men-
tioning two works recently published, one a Memoir of Lucy Hooper, with
Selections from her Poetical Remains, by John Keese. The memoir is a discri-
minating narrative of the life and character of a young lady of genius, and of
deep and pure affections. The other work is the " The Missionary's Daughter,"
being a memoir of Lucy Goodale Thurston, by Mrs. A. P. Cummings. The
subject was a daughter of one of the devoted band of missionaries in the Sand-
wich Islands, whose brief history is affecting and instructive.

Our library of travels is already quite voluminous. At the hazard of omit-
ting many equally deserving of notice, we mention the following :

Travels in England, France, Spain, and the Barbary States, in 1813, '14, '15,
by Mordecai M. Noah ; 1819. A Tour from the city of New- York to Detroit,
by William Darby ; 1819. Travels to the Sources of the Mississippi, &c. under
Gov. Cass, in 1820, by Henry A. Schoolcraft; 1821. Travels to the Central
Portions of the Mississippi Valley, &c. in 1821, by the same; 1825. Narrative
of an Expedition to the Source of the Mississippi, in 1832, under H. A. School-
craft, by the same ; 1834. Narrative of the Loss of the American brig Com-
merce on the Coast of Africa, in 1815, by Capt. James Riley. A year in Europe,

](,<r INTRODUCTION.

1818-19, by John Griscom ; 1823. Letters from Europe, &c. by N. H. Carter;
New- York, 1827. (Two editions.) A Year in Spain, by Alex. S. McKenzie ;
Boston, 1829. Narrative of Four Voyages to the South Sea and the Pacific,
1822-31, by Benj. Morrell ; New- York, 1831. Voyages Round the World, be-
tween 1792 and 1832, by Edward Fanning ; New- York, 1832. Voyage of the
U. S. Frigate Potomac, 1831-34, by J. N. Reynolds ; 1835. A Winter in the
West, by a New-Yorker, [Charles F. Hoffman;] 1835. The Old World and
the New, or a Journal of Reflections and Observations, made in a Tour in Eu-
rope, by Orville Dewey ; 1836. Sketches of Turkey in 1831-32, by Jas. E. De
Kay ; New- York, 1833. Incidents of Travel in Egypt, Arabia Petrsea, and the
Holy Land, by John L. Stephens ; 1836. Incidents of Travel in Greece, Tur-
key, Russia and Poland, by the same ; 1837. Journal of an Exploring Tour
beyond the Rocky Modntains, 1835-37, by Samuel Parker ; 1838. Incidents of
Travel in Central America, Chiapas and Yucatan, by John L. Stephens ; 1841.
Biblical Researches in Palestine, &c. or a Journal of Travels in the year 1838,
by Edward Robinson and Eli Smith, drawn up by E. Robinson ; 1841. Letters
from the Old World, by Mrs. Haight ; New- York, 1840. Letters from Abroad,
&c. by C. S. Sedgwick ; New- York, 1841. Travels in England, &c. by J. Fen-
nimore Cooper. Travels in Switzerland, &c. by the same. Travels in Europe,
by Valentine Mott ; 1842. The American in Egypt, with rambles through Ara-
bia Petraea and the Holy Land, during the years 1839 and 1840, by James
Ewing Cooley ; 1842.

With regard to these works we may remark, that Schoolcraft's publications
are among the best accounts of the western wilderness ; that McKenzie's lively
and graphic sketches of Spanish society have not been surpassed ; Dr. De Kay's
volume upon Turkey is replete with information valuable to the general reader
as well as to the naturalist ; that Hoffman is successfully creating a national taste
for works descriptive of our own scenery, and illustrative of our own own history ;
the letters of Mrs. Haight, are written with vivacity and elegance; Stephens,
Robinson and Dewey, forsook customary routes of travellers, and struck across the

INTRODUCTION. 161

deserts of Egypt to the land of Edom, and have laid open to our observation the
city of the dead. Of the American travels of Stephens, and the noble spirit which
prompts his researches into the antiquities of Central America, we could not
speak with too high praise.*

In the department of classical learning, the state has one student preeminently
distinguished, Charles Anthon of Columbia College. His fame is not only widely
diffused throughout the United States, but his acquirements and labors are justly
appreciated by the scholars of Europe. His critical and learned commentaries
upon the works of the more popular classic authors are too familiar to need a
reference. As the author of a classical dictionary, more accurate and extensive
than any heretofore published, and as a diligent inquirer in the great department
of the affiliation of languages, he has won for himself the highest rank among
American classical scholars.

In the department of translations from modern languages, doctor A. Sidney
Doane, distinguished for his writings upon medical subjects, has won for himself
high reputation.

We are not altogether without historical romance. In this department may
be mentioned Paulding's " Dutchman's Fire Side," Cooper's " Spy " and " Pio-
neers," and Hoffman's " Greyslaer." In other departments of fiction, the Sketch
Book, Bracebridge Hall, the Conquest of Grenada, and other works by Irving ;
the numerous productions of Cooper, the writings of Paulding, the graceful
romances of Theodore S. Fay, and Indian Sketches and the Hawk Chief, by John
T. Irving junior, have been received with much popular favor : while in satire,
Knickerbocker's History of New- York, by Irving ; Salmagundi, by Paulding,
Irving and others ; the Bucktail Bards, by Duer, Bonner and Verplanck ; and
the Essays of Croaker & Co. by Drake, Halleck and Clinch, are very agreeable
productions.

It must be confessed that a popular taste for poetry has not yet been created.

* Notes on History and Travels, were received from George Folsom, Esq.

Intr. 21

162 INTRODUCTION.

We have no epic that has attained eminent celebrity ; yet the less elaborate and
the fugitive pieces, when collected, constitute a treasure not unworthy of public
acknowledgment. Sacred song has seldom excelled the beautiful fragment com-
mencing " Father of Light," written by William Livingston, in 1747. " Vice,"
a satire by Gulian Verplanck, which appeared in 1774, is distinguished for taste,
elegance and irony. In 1778, Anne E. Bleecker published several fugitive
j)ieces, of which " A Thanksgiving after escape from Indian perils," and some
others are preserved. Anthony Bleecker, who contributed freely to periodical
literature from 1800 to 1825, claims remembrance for an ode which assisted
to make the wild and beautiful scenery of Trenton falls known to his country-
men. Our national lyric " The American Flag," " The Culprit Fay," and other
poems, by J. Rodman Drake, will prove to succeeding generations, that this utili-
tarian age is sometimes illumined by brilliant imaginative genius. The refined
sentiment and mellifluous measure of " Yamoyden," " The Dead of 1832," and
" Weehawken," are relied upon to preserve the memory of the lamented Robert
C. Sands. A. H. Bogart, author of an "Anacreontic," in imitation of Moore;
Jonathan Lawrence junior, who has left among other poems, " The Clouds,"
" Look aloft," " Morning among the hills," and an " Ode to May ;" William Leg-
gett, author of an exquisite sacred melody, and elegiac verses entitled " Love's
Remembrancer ; " James G. Brooks, among whose remains are " Greece," " Joy
and Sorrow," "An Ode to the dying year," and other unambitious and touching
poems ; Willis Gaylord Clark, author of many beautiful pieces, among which
all American readers will remember as peculiarly characteristic of the author,
" Mary, Queen of Scots," " The Burial place at Laurel hill," " The Early
Dead," and " The Death of the Firstborn ;" James Nack, in whom even the
privations of speech and hearing could not repress the utterance of inspiration ;
John Rudolph Sutermeister, whose " Faded Hours " were prophetic of his
early death ; John B. Van Schaick, the writer of " Joshua commanding the sun
and moon to stand still ; " the sisters, Lucretia Maria Davidson and Margaret
Miller Davidson; and Lucy Hooper, author of many beautiful poems, will

INTRODUCTION. 163

long be remembered as sweet minstrels, whose voices were hushed in an early-
grave. Since death disarms envy, we have spoken with freedom of these
departed votaries of the divine art ; but prudence, and a respect for contem-
poraneous opinion, exact more caution in our notice of living poets. Bryant,
to whom is assigned the palm in philosophic, descriptive and didactic verse ;
Halleck, the versatile author of " Alnwick Castle," " Fanny," and " Marco
Bozzaris ;" Paulding, whose " Backwoodsman " may be regarded as a national
poem ; Charles F. Hoffman, whose " Vigil of Faith " is the fruit of early culti-
vated genius, and who has thrown the charms of poetry, as well as of romance,
over our own almost unknown mountains and lakes ; Alfred B. Street, known as
the author of " Nature," " A Forest Walk," and " The Grey Forest Eagle ; "
Edward Sanford, author of the spirited " Address to Black Hawk ; " Peter H.
Myers, author of " Ensenore ; " George W. Doane and William Croswell, writers
of sacred lyrics ; Theodore S. Fay, John Inman and Park Benjamin, not unsuc-
cessful in poetry, though engaged in other fields of literature ; J ames O. Rock-
well, author of " The Lost at Sea ;" Samuel Woodworth, writer of a touching
effusion, " The Old Oaken Bucket," which our domestic affections will not permit
to lose a place in our literature ; Elizabeth F. Ellet, author of " The Daughter
of Herodias; " Mary E. Brooks and her sister, Mrs. Hall, known to our readers
as Noma and Hinda ; and Emma C. Embury, who has given us the chaste and
affecting verses entitled " Christ in the Tempest ; " all are writers whose fame is
cherished by the generous and refined portion of the American community.*

The history of the fine arts in New- York, unfortunately, is scarcely more
than an account of a controversy concerning the manner of promoting them.
The American Academy of Fine Arts was established in the city of New- York
in 1800, and was incorporated in 1808, with liberal legislative patronage.
Among the founders of the institution, were Robert R. Livingston, John R. Mur-
ray, De Witt Clinton, Charles Wilkes, Fobert Fulton, William Cutting, Edward
Livingston, Rufus King, David Hosack, and James Fairlie. The object of the

* Notes on Literature were received from Charles F. Hoffman, Esq., and Alfred B. Street, Esq.

164 INTRODUCTION.

association was to combine influence and patronage in favor of the fine arts.
Addresses were delivered at the annual exhibitions of the academy. Of these,
the discourse of De Witt Clinton in 1816, and that pronounced by Gulian C.
Verplanck in 1824, are very valuable contributions to our literature. Many of
our artists conceived the opinion that the objects of the society would be better
promoted by an association, conducted by professional individuals, than by the
academy, the operations of which were mainly conducted by patrons. Hence
arose, in 1825, the National Academy of Design, the members and officers of
which are artists. This association, under the presidency of Samuel F. B. Morse,
has procured valuable collections in both the antique and life schools ; and its
usefulness has been signally manifested in the gratuitous instruction it has im-
parted to more than four hundred students. In the mean time, the Academy of
Fine Arts has ceased to exist. Its place, however, is well supplied by the Apollo
Association, consisting of both artists and patrons : an institution which cheers
and encourages genius, without incurring jealousy or censure.

Painting, engraving and sculpture were scarcely known here before the revo-
lution. William Dunlap, a painter of considerable merit, has shown in his curi-
ous and interesting history, that West and Coply, in their early years, executed
some portraits in the city of New- York ; but the state cannot lay claim to any
honor from the birth, education or fame of these distinguished men. Peter R.
Maverick, an engraver, in 1783, found insufficient occupation, although he seems
to have enjoyed a monopoly in the business of his profession. In about 1794,
Cornelius Tiebout engraved some portraits on copper. Andrew Anderson, of
New- York, introduced wood engraving in 1794.

We need scarcely remark, that although we are very far from having esta-
blished an American school, and although we confess our inferiority not only to
the ancient masters but to modern European artists, yet the genius of our citi-
zens has applied itself to the study of the arts with all the assiduity and zeal
which mark the national character, and their success in that department may
be expected to increase as rapidly as national taste and patronage will permit.

INTRODUCTION". 165

All artists and amateurs in our country concede the palm to Peter Vanderlyn ,
among whose performances will be remembered his " Ariadne " and his " Wash-
ington."

Music was long since admitted in every plan of female education ; but owing
to a strange perverseness, has been almost universally neglected in the education
of the other sex. Just sentiments, however, are beginning to prevail. Ele-
mentary instruction is now given in many of our primary schools, and it may
reasonably be hoped that soon there will be none in which this tasteful and refining
art will be omitted.

It remains to notice the progress of the physical sciences. The notes on these
subjects will be the more brief, because they are fully investigated in the work
which follows this introduction.

The earliest publication relating to the botany of New- York, was Cadwallader
Colden's account of the indigenous plants of Orange county and its vicinity,
published in 1744. It is contained in the "Acta Societatis Regise Scientiarum
Upsaliensis," and fills two quarto volumes. The catalogue embraced several
hundred species, which were carefully described. The "Plantse Coldenhamise "
were frequently quoted by Linnaeus. The traveller Kalm, who visited this
country in 1747, under the patronage of the Swedish government, collected a
large number of plants and transferred them to his preceptor Linnseus, by which
distinguished naturalist they were described in the " Species Plantarum " and
" Systema Vegetabilium." Wangenheim, a Hessian surgeon in the British army,
during the American revolution, collected many plants in New- York, and in
other portions of the United States, of which he published accounts in 1781 and
1787. The Michaux, elder and junior, travelled in New- York in 1792 and in
1803. The former published in Paris, in 1803, the " Flora Borealis Americana."
The latter, in 1810 and subsequent years, gave a description of our indigenous
forest trees, in his splendid work entitled "Arbres Forestiers de TAmerique
Septentrionale." C. W. Eddy of New- York, published in the " Medical Repo-
sitory," in 1806, a catalogue of the plants growing about Plandome on the

166 INTRODUCTION.

northern side of Long Island, in which several new species were mentioned. In
1811, John Le Conte published in the " American Medical and Philosophical
Register," a list of four hundred and sixty-eight plants growing on the island of
New- York. A catalogue of plants indigenous in the state of New- York, was
published in 1814, by Jacob Green. Frederick Pursh explored portions of the
state, and incorporated the results of his examinations in his valuable work enti-
tled " Flora Americoe Septentrionalis," published in 1814. Nuttall, author of
the " Genera of North American Plants," and other learned works relating to the
botany of this country, has materially aided in perfecting the flora of the state.
In 1817, the "Lyceum of Natural History" in New- York, appointed a com-
mittee to prepare a catalogue of the plants growing within thirty miles of the
metropolis. The duty was performed by John Torrey, M.D., and the results
published at Albany in 1819. The localities, times of flowering, synonyms and
characteristics of new species, were included in the account. Amos Eaton, in
1818, published his " Manual of Botany for the Northern and Middle States."
This work has passed through eight editions, the last of which was greatly en-
larged, and appeared under the title of " North American Botany." The great
circulation which this book has obtained, is a gratifying evidence of increasing
interest in this useful department of natural history. Doctor Torrey published
in New- York, in 1823, a volume designed to be a part of a series entitled " Flora
of the Northern and Middle States." The work comprised only the first twelve
classes of the Linnean system, and the author then relinquished his purpose
under a conviction that he would better advance the cause of science by adopting
the natural method, and by describing the flora of the whole of North America.

The " Botany of the Northern and Middle States" was published by doctor
Lewis C. Beck in 1833, and has greatly contributed to the advancement of accu-
rate botanical knowledge. James Hall and John Wright published, in 1836, a
catalogue of plants growing in the vicinity of Troy. This work forms a useful
manual for persons pursuing the study of botany in the valley of the Hudson,
and contains the names of most of the plants indigenous in the river counties

INTRODUCTION. 167

north of the Highlands. Doctors John Torrey and Asa Gray have been many
years engaged in collecting and preparing materials for a complete " Flora of
North America." The first volume of their work, comprising the polypetalous
division of the dicotyledonous or exogenous plants, was published at intervals
between 1838 and 1840. The authors adopt the natural system, and the work has
been executed in a manner entirely in harmony with its high design. Besides
these more elaborate works, other contributions to botanical science have appeared
from time to time in scientific journals. Among these we refer to papers in
" Silliman's Journal," by doctor Gray, David Thomas and others ; descriptions of
new and rare plants in the state of New- York, by doctor Gray, published in the
" Annals of the New-York Lyceum of Natural History ;" catalogues of the indi-
genous plants of particular counties or towns, printed in the reports of the regents
of the university ; and especially papers by professor Dewey and doctor Knies-
kern, contained in the last annual report. Many valuable papers on practical
botany, and its relations to agriculture, are to be found in agricultural journals.

The science of zoology in this state owes its origin to Samuel L. Mitchill,
who, in 1813, commenced, and in the succeeding year completed, an elaborate
account of the fishes of New- York. This paper was given to the public in the
" Transactions of the Literary and Philosophical Society of New- York." The
work, although strictly local, and limited chiefly to a description of the fishes
found in the waters in the vicinity of the city of New- York, became a standard
of reference and comparison for succeeding laborers in the field of ichthyology.
That science not only received from the labors of doctor Mitchill a great im-
pulse, but its votaries here won for themselves regard from the savans of the old
world, and were encouraged to persevere in their labors, even under disadvan-
tageous and almost discouraging circumstances. To that impulse may be attri-
buted the formation of the " Lyceum of Natural History" in the city of New-
York in 1818. In connection with this department of natural history, it would
be unjust to pass without notice the efforts and researches of De Witt Clinton,
who, although engrossed in public duties, devoted himself with assiduity to the

168 INTRODUCTION.

pursuit of natural science, and especially to the study of natural history. The
results of some of his investigations are contained in a letter to doctor Mitchill,
published in the " Transactions of the Literary and Philosophical Society."

Although the study of ornithology has not been pursued with the especial ob-
ject of determining the species of birds indigenous in the state, still in the com-
prehensive treatises which have issued from the press, there is no deficiency of
information on that interesting subject. The labors of Wilson, Bonaparte, Au-
dubon, Cooper and De Kay, in this department, are too well known to require
more than a reference on this occasion.

Similar remarks apply to the history of the mammalia of the state. Although
investigations in that department have been made by many distinguished indi-
viduals, none have confined their observations to species peculiar to the state,
except William Cooper, who has published a treatise of the "Cheiroptera of
New- York." Bachman, of South Carolina, in i-esearches extending over most of
the states, has made interesting discoveries in the families of many smaller quadru-
peds in this State.

The reptile species, particularly the Tortoise, was described by Le Conte, in
the "Annals of the New- York Lyceum," in 1829. His paper contains descrip-
tions of seventeen species of tortoises, although only a small number of them be-
long exclusively to New- York.

Barnes, whose early death was deeply lamented, devoted himself to the study
of the Unionidse of our lakes and rivers. His descriptions were accurate, and
may be considered as the first successful attempt to classify the numerous species
of this family of Mollusca. They were published in the " American Journal of
Science." For a knowledge of the mollusca of our seacoast, we are indebted
to doctor Jay of New- York. Professor Bailey, of West-Point, has also published
very interesting results of his researches among the living Infusoria.

The investigations made in meteorology by our scholars deserve marked
acknowledgments. They seem to have begun under an impulse which that
science received in 1780, from the Meteorological Society of the Palatinate (in

INTRODUCTION. 169

Germany), under the patronage of the elector Charles Theodore. Simeon De
Witt, who appears often in this memoir as a friend of science, published in 1792
a " Plan of a Meteorological Chart for exhibiting a comparative view of the cli-
mate in North America, and the progress of vegetation." This plan contained
suggestions which have since been found useful, but we are not informed what
portion of them was original. Mr. De Witt, Gardner Baker, Jonathan Eights
and John Griscom contributed, from 1795 until 1814, very useful papers in this
department, which were published in the Transactions of the Society for the
Promotion of Agriculture and the Useful Arts. In March, 1825, the regents of
the university, on the motion of Mr. De Witt, adopted the system in pursuance
of which the academies have since that time made daily observations upon the
weather and the winds, together with notices of the progress of vegetation, and
the occurrence of remarkable atmospheric phenomena. T. Romeyn Beck, Jo-
seph Henry, professor Ten Eyck, Benjamin F. Jocelyn, W. C. Redfield, Mat-
thew Henry Webster, Charles Dewey, James H. Coffin, and others, have assidu-
ously collated the facts obtained by academical and other observations, and the
success of their labors has received the praise of transatlantic as well as Ameri-
can philosophers.*

Dr. Franklin's experiments proving the identity of electricity and lightning,
signalized the commencement of American chemical science. A chair of chemis-
try was established in the medical school founded in New- York before the
revolution; and the science received a new impulse from the labors of Dr.
Priestley, who, driven by popular bigotry and violence from his own country,
renewed his learned studies in his retreat at Northumberland in Pennsylvania.
It was not, however, until after the commencement of the present century, that
the importance of chemistry was fully appreciated on either side of the Atlantic.

* Notes on Chemistry and Mineralogy were received from Lewis C. Beck, M.D.; Notes on Meteorology, from T.
Romeyn Beck, LL.D.; Notes on Scientific Societies, from Horace B. Webster, Esq.; Notes on Natural History, from
John W. Francis, M.D.; Notes on Zoology, from Ebenezer Emmons, M.D.; Notes on Botany, from John Torrey,
M.D.; and Notes on Geology, from James Hall, A.M., and L. C. Beck, M.D.; and Notes on the Progress of Know-
ledge, from Samuel Blatchford, Esq.

Intr. 22

170 INTRODUCTION.

and in this state it was not admitted to a place in collegiate education until 1813,
when it was introduced at Union College. Since that time no faculty of arts or
of medicine has been considered complete without a professorship of chemistry,
and it is now very generally taught to pupils of both sexes in academies and in
many of the common schools.

The trustees of the Albany Academy are entitled to the praise of first intro-
ducing chemistry into our seminaries of that grade. The more popular expe-
riments in electro-magnetism began in that institution with the construction of
an electro-magnet capable of sustaining a weight of several hundred pounds.
Our chemists have not been inactive, although their studies have been crowned
with no brilliant discoveries, and their very useful papers will be found in most
of the scientific journals in the country.

Few subjects in this department are more intricate in their nature than the
minute analysis of mineral waters. The mineral springs at Ballston, Saratoga,
Avon, Sharon, Massena and other places, have elicited memoirs embracing details
of their chemical constituents, as well as essays on their respective sanative qua-
lities. The springs at Ballston and Saratoga have acquired extensive reputation,
from the publications of Seymour, De Witt and Steele. Francis, Hadley and
Salisbury have made known the virtues of those at Avon. The waters at
Sharon have been subjected to chemical analysis by Chilton ; and Dr. McNeven's
publications on the waters at Schooley's mountain, have conferred upon them
much celebrity.

Mineralogy, although intimately connected with geology, was cultivated long
before the latter grew into a distinct branch of knowledge. To the late Samuel
L. Mitchill belongs the honor of introducing mineralogy in this state. The first
and second volumes of the Medical Repository, published in 1798 and 1799,
contain his sketch of the mineralogical history of the state of New- York, which,
although meagre when compared with our present knowledge, shows that diligent
investigation of facts had commenced. In the latter year a mineralogical society
was formed in New- York under his auspices, with the efficient aid of Samuel

INTRODUCTION. 171

Miles Hopkins * and George I. Warner. And the ardor of Dr. Mitchill's zeal is
illustrated in his description of the object of the association, which he said " was
to arm every hand with a hammer, and every eye with a microscope." The
Medical Repository, from 1803 to 1809, and the Transactions of the Society for
the Promotion of Useful Arts, from 1793 until 1804, contained many papers which
contributed to excite the general interest now manifested in the study of the sci-
ence. Among these we may specify a " Memoir of the Onondaga Salt Springs,
and Manufactures in the State of New- York, by Benjamin De Witt ;" " Obser-
vations on the Natural History of Kinderhook and its immediate vicinity, by
David Warden," in 1803 ; " Mineralogical Description of the Walkill and Sha-
wangunk Mountains in New- York," by Samuel Akerly; "Descriptions of Fluate
of Lime and Oxyde of Manganese in the State of New- York," in 1808 ; and
" Mineralogical Notices of Onondaga, New- York;" 1809. But the effort which
proved most successful in this department, was the establishment of the Ameri-
can Mineralogical Journal in 1810, conducted by Archibald Bruce. This work
was continued until 1814, and was enriched by the learned investigations of
Mitchill, Bruce, Akerly, Chilton, John Griscom, Benjamin Silliman, David R.
Arnell and others.

An address by T. Romeyn Beck, before " The Society for the Promotion of
Useful Arts," on the mineralogical resources of the United States, published in
1813, exhibited a very full view of the mineral productions within the state
known at that time. Professor Cleveland's elementary treatise on mineralogy
and geology, published in 1816, is still a standard work. Dr. Mitchill, in 1818,
published a reprint of Phillips' elementary introduction to mineralogy, with notes.
Professor Silliman, in the same year, established the " American Journal of
Science," which most useful periodical is still continued. Mineralogy has always
held a prominent place in that journal, and it contains many valuable papers,
showing the progress of the science in this state. The Lyceum of Natural His-
tory, established in New- York in 1818, and a similar institution founded at
Albany, contain rich collections of minerals. The latter, through the liberality

172 INTRODUCTION.

of Stephen Van Rensselaer and William Caldwell, has acquired a library which
contains almost every important work in the department of natural science.
From the period when the geological survey commenced, the progress of mine-
ralogy has been identified with that of geology, and the present condition of that
science will appear in that portion of the following work devoted to the subject.
The history of geology in this country commences with the year 1807. Wil-
liam McClure, a native of Scotland, who had emigrated to the United States,
revisited Europe in 1803. Imbued with a love for the study of natural history,
and possessing ample fortune, he traversed large portions of Europe, acquiring
geological knowledge. Prepared by these researches, he undertook, on his
return to this country in 1807, at a time when scientific pursuits were little ap-
preciated, to accomplish by his own enterprise a geological survey of the United
States. His observations were made in almost every state and territory in the
union ; and not only in populous districts, where the comforts which the traveller
requires were afforded, but also in forests and dreary solitudes, unaffected by
all the privations to which he was exposed. The unlettered inhabitants of
remote districts, seeing him engaged in breaking fragments from rocks, sup-
posed him to be a lunatic escaped from confinement. The facts which he
accumulated, were communicated to the American Philosophical Society, and
published in their " Transactions" in 1809. The author continued his investi-
gations during a series of many years. But in pursuing his valuable discoveries,
he, like his successors, was influenced not so much by a desire to obtain a correct
classification of our strata, as to identify them with those of the eastern conti-
nent. The publication of Mr. McClure called into the field a few laborers, and
engaged the attention of friends of science. De Witt Clinton,' in his Introduc-
tory Discourse, delivered in 1814 before the " Literary and Philosophical Society
of New- York," censured the legislature for having refused, at a recent session,
to lend its aid to the prosecution of searches for coal within this state ; and in
considering the objects worthy the attention of that association, he remarked that
"Men of observation and science ought to be employed to explore our country,

INTRODUCTION. 173

with a view to its geology, mineralogy, botany, zoology and agriculture.'' The
" American Journal of Science," the " American Monthly Journal of Geology,"
by Mr. Featherstonhaugh, and the transactions of scientific associations in Penn-
sylvania, New- York and Massachusetts, were very efficient in enlightening the
public mind concerning the importance of mineralogy and geology. A board of
agriculture having been established by the legislature, under the recommendation
of De Witt Clinton, he proposed in his annual message, in 1819, that that board
should be authorized to make a statistical survey of the state, and describe its
animal, vegetable and mineral productions. Not at all doubting that coal would
be found to compensate for the waste of fuel in the western portion of the state,
then destitute of facilities for communication with the Atlantic coast, he urged
that premiums should be offered to promote a search. Private liberality, how-
ever, anticipated this recommendation. Stephen Van Rensselaer, in 1820, autho-
rized Amos Eaton and T. Romeyn Beck to make an agricultural and geological
survey of the county of Albany. The result of their examination was a descrip-
tion of the rocks and minerals of the county, with an analysis of a variety of
soils, together with remarks upon the condition of agriculture. In the succeed-
ing year, professor Eaton, with the same liberal patronage, completed a similar
survey of Rensselaer county. In 1823, the liberality of Mr. Van Rensselaer
took a wider range, and professor Eaton was authorized to extend his survey
throughout the region traversed by the Erie canal. His report proposed a gene-
ral geological nomenclature, and contained a description of the strata extending
from Boston to Buffalo. This publication marked an era in the progress of geo-
logy in the country. It is in some respects inaccurate, but it must be remem-
bered that its talented and indefatigable author was without a guide in explor-
ing the older formations ; and that he described rocks which no geologist had, at
that time, attempted to classify. Rocks were then classified chiefly by their
mineralogicat characters, and the aid which the science has since learned to
derive from fossils in determining the chronology and classification of rocks, was
scarcely known here, and had only just begun to be appreciated in Europe. We

174 INTRODUCTION.

are indebted, nevertheless, to professor Eaton for the commencement of that in-
dependence of European classification which has been found indispensable in
describing the New- York system. For he remarks, " After examining our rocks
with as much care and accuracy as I am capable of doing, I venture to say that
we have at least five distinct and continuous strata, neither of which can with pro-
priety take any name hitherto given and defined in any European treatise which
has reached this country." Connected with the report there was a view of the
section of the rocks extending in the line of the- canal through the state, and
another from the Atlantic ocean to Pittsfield in Massachusetts, for the latter of
which we are indebted to Edward Hitchcock, who has since completed a geolo-
logical survey of Massachusetts, under the direction of the government of that
state. Professor Eaton enumerated nearly all the rocks in western New- York,
in their order of succession ; and his enumeration has, with one or two excep-
tions, proved correct. It is a matter of surprise that he recognized, at so early
a period, the old red sandstone on the Catskill mountains ; a discovery, the re-
ality of which has since been proved by fossil tests. Had he followed up this
discovery, he could not have failed to learn what an immense series of rocks lay
below the old red sandstone, at that time entirely unclassified.

The munificence of Mr. Van Rensselaer, in producing such results, is illus-
trated by this remark addressed to him in professor Eaton's report ; "You have
furnished every facility for perfecting the work. You have set no limits to
my expenses, nor those of the engravers and printers." The public mind was
now becoming prepared for the state surveys which have since been effected.
North Carolina has the honor of having been the first to send geologists into the
field. Professor Olmstead's report upon the economical geology of that state
was published in 1825. Since that time, South Carolina, Massachusetts, Tennes-
see, Virginia, Maine, Rhode Island, New-Hampshire, Connecticut, Pennsylvania.
Ohio, Delaware, Kentucky, Georgia, Arkansas and Iowa, and perhaps other
states and territories have been explored. In 1835, the assembly of this state,
upon the motion of Charles P. Clinch, a representative from New- York, passed

INTRODUCTIONS 175

a resolution directing the secretary of state to report to the legislature, at its
next session, the most expedient method for obtaining a complete geological
survey of the state, which should furnish a perfect and scientific account of rocks
and soils and their localities, and a list of all its mineralogical, botanical and
zoological productions, and for procuring and preserving specimens of the same,
with an estimate of the expense of the undertaking. John A. Dix, secretary of
state, in January, 1836, submitted a report in pursuance of this resolution. That
luminous and satisfactory document led to the passage of the aot of the 15th of
April, 1836, in the execution of which, and of the acts of May 8th,> 1840, and
of April 9th, 1842, the survey has been made.* William L. Marcy, governor,
arranged the plan of the survey in the summer of 1836, and assigned its depart-
ments as follows : The zoological department to James E. De Kay ; the botanical
department to John Torrey ; the mineralogical and chemical department to
Lewis C. Beck ; the geo.ogical department to William W. Mather, Ebenezer
Emmons, Timothy A. Conrad, and Lardner Vanuxem. This arrangement was
subsequently altered by tie institution of a palasontological department, under
the care of Mr. Conrad, and by the appointment of James Hall to supply his
place as a geologist. The results of the survey appear in the following volumes,
and in eight several collections of specimens of the animals, plants, soils, minerals,
rocks and fossils, found within the state, one of which collections constitutes a
museum of natural history at the capital of the state, and the others are dis^
tributed among its collegiate institutions.

It cannot be necessary to dwell upon the benefits secured by the survey. It
is not more necessary to know what resources are withheld from us than to un-
derstand those which Providence has been pleased to bestow. In regard to the
narrow purpose in which the survey originated, it is no unprofitable result to
know that coal cannot be found within the state, and that we must depend for
supplies of that mineral on trade with the countries with which we are connected.

* It may be stated with just pride, that the law of 1836, appropriating the sum of $104,000 to the survey, was passed by
the assembly unanimously. A further appropriation of $26,000 was made by the law of 1842.

176 INTRODUCTION.

The want of coal, however, is compensated by the discovery of rich deposits of
salt, lime, marl, peat and gypsum, and of plumbago, copper, zinc, lead and iron.
The field within which economical science has recently pursued its investigations,
with results so well calculated to exalt our sentiments of wonder, gratitude and
devout veneration, and so propitious to the future welfare and happiness of our
race, is greatly enlarged, and many obstructions to those investigations are re-
moved. Although thus far the survey has resulted only in adding accumulations
to the mass of facts already acquired, yet even that is no unworthy contribution
to human knowledge ; and it may be hoped that a spirit of inquiry has been sti-
mulated, which will not rest content until that philosophical classification of facts
shall be made, which is necessary to enable us to read with accuracy the impe-
rishable pages on which the physical history of the earth is written. What
new light the discoveries, thus to be made in cosmogony, will throw upon the
designs of the Creator and the destiny of our race, cannot now be conjectured ;
but it is enough to stimulate and reward our highest efforts, to know that while
the range of research is infinite, the human mind is perpetually progressive.

In submitting to the people of New- York the results of the scientific survey,
conducted under their patronage, it has been thought proper and even necessary
to record the incidents connected with the origin and progress of that enterprise ;
and since it is a national characteristic to be careless in regard to the preservation
of memorials of our social progress, the occasion has been deemed a proper one for
collecting from various sources some facts, which might illustrate the advance of
civilization and refinement within our limits. The review which has been taken of
that progress, comprehends a geographical and political description of the state :
a sketch of the history of education, of the system of public instruction in colleges,
academies and common schools, and of the foundation and endowment of libra-
ries ; a history of the press ; a notice of the theological profession, with a sketch
of theological learning ; an account of medical science and the medical pro-

INTRODUCTION. 177

fession ; a political history of the state, from the time of the Dutch colonial go-
vernment to the revolution ; a notice of the establishment of the constitution of
1777 ; an account of the formation and establishment of the constitution of the
United States, and of the organization and early administration of the federal
government, so far as concerns the action of this state and of its citizens ; notices
of the abolition of slavery, of the amelioration of the criminal code, and of the
progress of jurisprudence, with an account of the judiciary and of the legal
profession ; a reference to contributions by citizens of New- York to political and
financial science ; accounts of the formation of the constitution of 1821, and of
the codification of our statute laws in 1827 and 1828 ; a history of internal im-
provements within the state, from the period of their conception, which, as con-
stituting a peculiar and interesting feature in our physical progress, have been
deemed worthy of extended and detailed remark ; accounts of the improvement
and present condition of agriculture, of the development of agricultural science,
and of the introduction of horticulture ; a sketch of civil engineering, with a full
description of the recently constructed Croton aqueduct ; notices of the appli-
cation of the steam engine to navigation, and of improvements in the steam en-
gine ; of sacred, civil, academic and domestic architecture ; of antiquarian curio-
sities, and of Indian history ; of the materials collected for the history of the
state ; of the studies and productions of our citizens in the departments of history,
classical learning, mathematical science, pure and mixed biography, travels, ro-
mance and general literature, poetry and the fine arts ; and of researches in our
zoology, botany, meteorology, chemistry and mineralogy ; with an account of the
inception, progress and consummation of the survey, to which those researches
gave birth.

This review, although circumscribed and imperfect, furnishes gratifying proof
that a republican government is not unfavorable to intellectual improvement.
Intelligent and patriotic citizens were invited to furnish the materials necessary
for the work, and portions of it consist substantially of such materials, in the

Intr. 23

178 INTRODUCTION.

form in which they were received, little labor having been bestowed upon them
beyond that of compilation. The laudable objects of those citizens, as well
as my own design, will have been attained, if any thing valuable shall be preserved
which would otherwise be lost ; if the attachment of our citizens to the state and
its institutions shall be increased and confirmed, or if any new incentives shall be
furnished for perseverance in the career which is here recorded.

WILLIAM H. SEWARD.

Albany, 1842.

NOTE.

[The subject of the penitentiary discipline in the state of New-York, is too important to be passed with
only such very general reference as could be made to it in the foregoing introduction. The following
account was furnished by the Hon. John L. O'Sullivan.]

The Penitentiary System of New- York, as it has now existed for a period of nearly a quarter
of a century, has presented one of the institutions of the state which have been the subject of
the highest interest to the stranger and pride to its own citizens. The two great establishments
in which it is to be seen in operation, on a larger scale than in any of the other states of the
union, are situated at the villages of Auburn and Sing-Sing ; the former for the reception of
convicts from the western, the latter from the eastern district of the state. The Mount-
Pleasant prison, at Sing-Sing, on the Hudson, about thirty-three miles north of the city of
New-York, has also a separate building for the reception of female convicts from the whole
state. The former of these establishments, at the village of Auburn, in the county of Cayuga,
situated 169 miles west of Albany, and 139 east of Buffalo, and about seven miles south of
the line of the Erie canal, was the first in the union in which the peculiar system now prevail-
ing in both was adopted, or at least carried out to that degree of completeness and efficiency,
which has become the just subject of the admiration of the civilized world. It has, therefore,
given its name to the system, notwithstanding that its leading features were by no means
novel to the science of prison discipline, or original with the founder of this institution. It
has constituted the model from which most of the other states of the union have derived the
plans of the penitentiaries which most of them have, of late years, been led to establish, under
the stimulus of an example so successful in itself and so honorable in the eyes of the world ;
and in the vehement controversy which has been waged, through many modes of publication,
between the respective partisans of this system and of the rival system in operation in the
state of Pennsylvania, it is always and every where designated as the Auburn system. A
brief sketch of its origin, as well as of its present condition, will not be deemed misplaced.

Previously to the year 1786, the different states of this union were governed, in the main, by
the sanguinary criminal code which all as colonies had inherited from their mother-country.
In that year, Pennsylvania, in which had been more widely sown than in any other the seeds
of that philanthropic wisdom which so peculiarly marked the character of its immortal founder,
as well as of the religious communion of which he was an ornament, was the first to lead the

182 NOTE ON PENITENTIARIES.

way to her sister republics in the direction of reform in criminal law and penal discipline. A
new criminal code was created, the most interesting feature of which was the abolition of
the former barbarism of capital punishment, for all offences short of the highest felonies,
treason, murder, rape and arson. In a few years, under the auspices of such intellects and
such hearts as those of a Benjamin Franklin, a Benjamin Rush, a William Bradford and a
Caleb Lowndes, a still further amelioration took place. The year 1790 was marked by im-
portant mitigations of the former corporeal severities inflicted; and in 1794, the penalty of
death was restricted to the single crime of murder in the first degree. The first penitentiary
erected in the state was the Walnut-street prison in Philadelphia, in the year 1790 ; in which
imprisonment at hard labor was substituted for the ancient modes of punishment for crime by
the gallows, the lash, and the brand. A certain degree of classification was adopted for
prisoners, according to their offences and characters ; while solitary cells were provided for
those who, for the more heinous grades of crime, were condemned to that penalty, as also
for those whose violent resistance to the ordinary discipline of the prison required unusual
means of restraint or punishment. The solitary cells were without the provision of labor,
which in the other portions of the establishment was designed to afford one of its chief refor-
matory influences.

New-York was not slow to follow in the track of a more enlightened penal policy, in which
Pennsylvania thus bore off the honor of leading the way. The year 1796 marks the first
prominent era in the history of penitentiary reform in this state. In his first message to the
legislature, on the 6th January, Governor Jay recommended the mitigation of the criminal
code, and the erection of establishments for the employment and reformation of criminals.
Two years previously, two citizens of New- York, distinguished for their humanity and libe-
rality, Thomas Eddy, of the Society of Friends, and General Schuyler, alike in peace and in
war, one of the most illustrious of the founders of this commonwealth, had visited the Philadel-
phia prison for the purpose of acquiring a more accurate knowledge of its tendency, structure,
and its internal arrangements ; and so favorable was the impression produced on their minds,
that the latter gentleman, who was then in the senate of the state, immediately drafted a law
for the erection of a penitentiary in the city of New-York. This bill, " for making altera-
tions in the criminal law of this state, and the erecting of state prisons," in harmony with
the recommendation of the governor, was brought forward in the senate, and ably and suc-
cessfully sustained by Ambrose Spencer, the subsequent eminent chief justice of the state,
and finally became a law on the 26th of March, 1796. This law directed the establishment
of two state prisons, the one at Albany and the other at New- York ; though the idea of the
former was afterwards abandoned, and the whole appropriation expended in New- York, under
a commission consisting of Matthew Clarkson, John Murray junior, John Watt, Thomas Eddy
and Isaac Stoutenburgh. This establishment (known as Newgate) was opened for the recep-
tion of its inmates on the 25th of November, 1797. The building was 204 feet in length, a
wing projecting from each end, and from those wings two other smaller wings. The whole
structure was of the Doric order, containing 54 rooms, 12 feet by 18; besides the cells for

NOTE ON PENITENTIARIES. 183

solitary confinement, on the ground floor. Criminals sentenced to imprisonment had hereto-
fore been simply confined in the jails of the counties in which they were convicted. The
law of 1796 effected at the same time an important amelioration in our criminal code. Pre-
viously to that period there were no less than sixteen species of crime punishable with death.
Corporeal punishment was used, and in many cases felonies which were not capital on their
first, became so on their second commission. In fourteen of these offences, imprisonment for
life, or for shorter periods, was substituted for the capital penalty, which was only retained
for treason and murder. The model afforded by the Philadelphia and New- York prisons was
soon successively imitated by other states. The state prison at Richmond, Virginia, was
erected in 1800; that at Windsor, Vermont, in 1808; at Baltimore, Maryland, in 1811 ; at
Concord, New-Hampshire, in 1812; and at Cincinnati, Ohio, in 1816.

But this system, the object of so much sanguine hope to its philanthropic projectors, was
no where crowned with success. It is in the state of New-York in particular, that we are
here to regard its operation. The great body of the convicts were thrown together in the
prison, in numbers which soon became improperly crowded, and were kept at work through
the day. The only punishment which their keepers had a right to inflict for violations of the
discipline, was solitary confinement with bread and water. A small proportion of them, who
before the reform of the penal laws would have been sentenced to death, were confined in
perpetual solitude, unrelieved by the solace of labor. The system was found not only totally
ineffective to reform, but on the contrary most perniciously active to corrupt and to harden. It
was an enormous drain on the public treasury. It soon ceased to have any terrors for the
depraved ; while to young offenders thrown for the first time into the midst of the polluted
atmosphere and the fatal society assembled in the rooms of the prison, it was certain and irre-
coverable ruin. And partly from the increase of population, but in probably a still greater
degree from the tendency of the system itself to manufacture new rogues and to continue old
ones, it became so overstocked, as soon to make it necessary annually to pardon out large
numbers of offenders for no other reason than to accommodate the reception of the fresh in-
flux. Though adapted to the suitable accommodation of not more than between three and four
hundred, it was at times occupied by upward of seven hundred — crowded and herded to-
gether beyond any possibility of proper classification. A report made to the legislature in
1817, by commissioners appointed to examine into the subject, stated that, within a period of five
years, 740 had been pardoned, while only 77 had been discharged by the expiration of their
sentences. In the two years, 1816 and 1817, the number of pardons was 573. A report
made to the senate in 1822, by the Hon. Samuel Miles Hopkins, states the whole number of
convicts committed since 1796 to have been 5,069, of which number there had been pardoned
not less than 2,819. The necessary effect of such a system to promote the multiplication of
crime, need scarcely be adverted to. It will be sufficient to state, that of twenty-three convicted
of second and third offences in the year 1815, twenty had been previously pardoned, and only
three discharged by the ordinary course of law. The average number of deaths was about
seven per cent. Fires and insurrections were of not unfrequent occurrence.

184 NOTE ON PENITENTIARIES.

The first suggestion of the necessity of another penitentiary in the interior of the state,
was made in the annual report of the officers of the prison in 1809. The friends of the ex-
isting system, notwithstanding the annually developed evidence of its total failure for every
other than the worst purposes, still clung to their old ideas ; and the admitted evils, manifest
in the existing establishment, being ascribed to its crowded condition, when the erection of a
second prison, at the village of Auburn, was determined upon in 1816, it was hoped that am-
pler space of accommodation, and smaller subdivisions of numbers, would yet produce the
salutary results originally expected. The south wing of this building was completed in 1818 ;
containing sixty-one double cells, and twenty-eight rooms. Each of which was to contain
from eight to twelve prisoners. But for reasons obvious to those at all familiar with the
vicious tendencies of imprisoned convicts, this plan was soon found to be the most fatal that
could be adopted ; and it was evident that it would be better to throw fifty criminals together
in the same room, than to divide them in small numbers, and especially in pairs. The sub-
ject was much discussed at about this period, both in the legislature and the community at
large ; and in 1819 the erection of the north wing was ordered, to consist entirely of cells for
solitary confinement. By a law of this year, too, for the first time the use of the whip was
permitted when deemed necessary for the maintenance of the discipline of the prisons.

At about the same period the public attention in the state of Pennsylvania also was much
engaged with the same subject. In the year 1817, the manifest failure of the old system, as
prevailing in the Walnut-street prison, led to the passage of a law for the construction of the
Western penitentiary at Pittsburgh, and in 1821 for the Eastern penitentiary at Cherry-Hill,
near Philadelphia ; in which it was determined to adopt entirely the system of uninterrupted
solitary confinement. Desirous of making a similar experiment, the legislature of New- York,
on the 2d April, 1821, directed the agent of the Auburn prison to select a number of the most
hardened criminals, and to lock them up in solitary cells, night and day, without interruption
and without labor : and in December of the same year, a sufficient number of cells were com-
pleted for the purpose, and eighty criminals placed in them.

The result of this experiment, which was founded on the recommendation of a committee
of the legislature, was disastrous in the extreme. Human nature could not endure the
solitary horrors of such a doom. Within the year, five of the eighty died ; one became
insane ; another, watching an opportunity when his keeper opened his door for some neces-
sary purpose, in a fit of despair precipitated himself from the gallery, running the almost
certain chance of destruction by the fall ; and the rest sank into a state of such deep de-
pression, and of failing health, that their lives must have been sacrificed had they been
kept longer in this situation. Under these circumstances the governor pardoned twenty-six,
and the remainder were withdrawn from their cells during the day to work in the shops of
the prison. From this period, 1823, this system of uninterrupted solitude was abandoned at
Auburn.

The failure of this experiment for a time seemed to endanger the success of the whole peni-
tentiary system. The ardent hopes of its friends were nearly exhausted; and even some, whose
feelings revolted at the idea of capital punishment, began to fear that it would again become

NOTE ON PENITENTIARIES. 185

necessary to resort to the more frequent use of the scaffold. But, as it is stated in a report
by the late agent of the Mount-Pleasant prison, Mr. Robert Wiltse, made in March, 1834,
(from which document we have already drawn considerably in the preparation of this narra-
tive,) Capt. Elam Lynds, who was at this time the agent of the Auburn prison, was too wise
to give up the idea that the beneficial moral influences of solitude might yet be combined
with some successful system of congregated labor. He felt convinced that this result could
be attained by a union of the two opposite principles — by confining the convicts to solitary
cells at night and on Sundays, and compelling them to work during the day in large work-
shops in absolute silence, and under such a vigilant inspection as should preclude, so far as
possible, all intercourse in any manner between them.

It has been a subject of some controversy, who was entitled to the credit of having origi-
nated this system; a point necessarily difficult to decide, when it is considered how naturally,
during the progress of its experimental growth, the suggestions which might proceed infor-
mally from the various minds engaged in and about it, would flow into one general current of
opinion, common perhaps to several. Capt. Lynds, having unquestionably been the first to
complete, mature and execute the plan, has generally received from public opinion the credit
of its invention ; an honor which justice would probably require to be divided with Mr. John
D. Cray, one of the master-workmen or architects employed in the construction of the building.

The experiment was tried. Capt. Lynds, a man of remarkable energy and firmness of
character, who had formerly served in the army of the United States, and who retained all
the habits of rigid and severe military discipline there to be acquired, assembled the convicts
together, and giving them the rules by which their conduct must be governed, told them that
they must henceforth labor diligently, and labor in perfect silence and non-intercourse ; and
that for every infringement of the rules, a swift and summary punishment should follow, of
corporeal chastisement. This was soon proved to be no unmeaning threat, and in a short
time, seconded by the able and unwavering exertions of his assistant-keepers, he succeeded in
establishing this new discipline with a degree of efficiency scarcely conceivable to those who
had not the opportunity of witnessing it. Inspected in 1824 by a committee of the legisla-
ture, a high eulogium was passed upon it, and it was sanctioned by the formal approbation
of that body.

The Auburn system, therefore, in its mature and complete state, may be said to date from
the year 1824.

But it was soon found that its adoption must render necessary the construction of another
prison for the eastern portion of the state, that of Auburn containing, as it was enlarged in
1824, only 550 cells. An act was therefore passed to that effect on the 7th of March, 1824 ;
under which three commissioners were appointed, Stephen Allen, Samuel Mdes Hopkins and
George Tibbits, to select a suitable site. The village of Sing-Sing, on the Hudson river,
thirty-three miles from New- York, was selected, and a piece of ground purchased containing
an inexhaustible quarry of white marble, which it was designed to make not only the material
for the construction of the building by the hands of the convicts themselves, but also a profi-

Intr. 24

186 NOTE ON PENITENTIARIES.

table article on which their future labor should be employed for the benefit of the state. To
Capt. Lynds, who had chiefly presided over the construction of the Auburn prison, as well as
having performed the whole service of organizing its system of discipline and labor, was
entrusted the charge of bringing forth the new establishment, as it were, out of the bowels
of the earth. Were it possible to question its truth, as a literal historical fact, the manner
in which he carried this into effect would be deemed incredible. According to his own plan,
he was directed to take a hundred of the convicts from the Auburn prison, to remove them to
the selected site, to purchase materials, employ keepers and guards, and make them com-
mence the construction of their own future abode. The novel spectacle was exhibited on the
14th May, 1825, of the arrival of this band on the open ground which was to be the theatre
of operations, without a place to receive, or even a wall to enclose them. The remarkable
moral energy of the man effected it with a success which must always remain astonishing.
The first day sufficed to erect a temporary barrack for shelter at night, and ever after they
continued in unpausing labor, watched by a small number of guards, but held under per-
petual government of their accustomed discipline, and submission to the power whose vigi-
lent eye and unrelaxing hand they felt to be perpetually upon them and around them. It was
finished according to the original plan, in 1829, containing 800 cells ; to which 200 more
were ordered to be added by an act of the following year. Another story being therefore
raised for this purpose, the final completion of this vast and massive edifice, was in the year
1831. A sufficient number of cells having been completed in May, 1828, the convicts in the
old prison at New- York were removed to Sing-Sing, and that building abandoned and sold.

In the year 1825, the legislature directed the erection of another building at Sing-Sing,
adjacent to the main prison, though unconnected with it, for the reception of the female con-
victs, who heretofore had been kept together by the city of New- York, at its local prison
establishment at Bellevue, at a cost to the state of $100 per annum for each prisoner. They
were there in a miserable and disorderly state ; that mode of maintenance being found replete
with all the evils which it had been the object of the improved penitentiary system, as applied
to the males, to reform. This was completed, in an elegant style of architecture, in 1840,
and the convicts removed to it, and placed under the charge of a matron, whose admirable
management soon brought them to a condition of good order, neatness and industry, before
supposed impossible by those who had witnessed their former character and conduct.

It is unnecessary to fill the present pages with descriptions of these vast establishments of
penitentiary labor, beyond a few simple general features common to both. The cells rise in
tiers above each other to the height of five stories. These central structures are surrounded
with an outer shell or envelope of a second wall, about eleven or twelve feet distant from the
interior. Along the front of each range of cells runs a gallery. The size of the cells is
seven feet in depth, by three and a half in width, and seven in height ; all of stone, with iron
doors, of an open diamond grating from top to bottom, for the combined objects of security,
ventilation and light. To these buildings are attached spacious workshops, surrounding the
large court-yards of the prisons, in which different branches of mechanical industry are pursued,

NOTES ON PENITENTIARIES. 187

with the aid of machinery, in some instances on a very large scale ; the whole being
enclosed in high outer walls, vigilantly guarded by armed sentries. The convicts wear a pe-
culiar striped prison uniform, of coarse woollen fabric, manufactured within the prisons.
Their movements to and fro at the regular hours in the daily routine of the life of the pri-
sons, are all made in single file, with the lock-step, and with the heads turned all in one
direction, facing the constant eye of the keeper of each respective division, for the prevention
of intercommunication. At Sing-Sing they eat their meals singly in their cells ; at Auburn,
in large eating halls, at tables at which they are seated back to back, and fronting only their
keepers. The food is plentiful and healthy, though coarse. A scrupulous cleanliness reigns
through every nook and corner of the establishments. The health of the prisoners is good ;
the average of deaths being about two per cent per annum. Each prison is provided with
a chaplain, whose whole time is devoted to his interesting though arduous pastoral charge,
and under whose direction they receive instruction on the Sabbath in Sunday schools. The
cells have always been supplied with bibles ; since the accession of the present executive of
the state, and by his direction, other books have been added, suitably selected for instruction
and moral improvement. For many years the establishments have not only defrayed the cost
of their own maintenance, but have continued to earn annually a large excess to the benefit
of the general revenues of the state. The mode employed of using the labor of the con-
victs is to let it out at certain rates per diem, for fixed periods, to contractors in the different
branches of industry pursued.

The proper limits of the present occasion forbid the expansion of this brief account with
any further details of the operation of the system, whose gradual growth has been thus
related. As has been already remarked, the conflict of opinion between the supporters of
the Auburn system, of social labor in silence by day, with solitary confinement by night, and
the Pennsylvania system, of uninterrupted solitary confinement with labor, has been carried
on with no small degree of both earnestness and ability. The advocacy of the Auburn sys-
tem has been chiefly sustained by the Boston Prison Discipline Society, the annual reports of
which have continued, from the institution of that society in 1825, to hold it up to the admi-
ration and imitation of the world, in terms of unqualified eulogium. The prisons have been
visited by many thousands of strangers, from foreign countries as well as from the other
states of this Union, attracted by the celebrity which they have acquired ; and even those
whose preference has inclined in favor of the theory of the Pennsylvania system, have not
failed to accord a high degree of praise to the many admirable features characterizing ours,
as well as to the excellent management with which they have been practically administered.
The following States have since erected penitentiaries for the most part in imitation of the
model thus afforded : Maine, New-Hampshire, Vermont, Massachusetts, Connecticut, Mary-
land, Tennessee, Kentucky, Missouri, Illinois and Ohio ; together with the two provinces of
Upper and Lower Canada ; not to speak of numerous city prisons and county jails.

We are far from desirous of pronouncing even an opinion in relation to this controversy.
There are undoubtedly some features in the Auburn system which its best friends would

188 NOTE ON PENITENTIARIES.

gladly see amended, if it could be done consistently with the efficient maintenance of the
general whole of which these are particular parts ; nor can it be pretended that the object of
the prevention of intercourse between the convicts, by a thousand modes of communication
beyond the reach of any degree of vigilance, either has been or ever can be attained, to the
degree supposed by many who simply witness the apparent silence that reigns throughout the
work-shops.

At the last session, provision was made for the appointment of a commissioner to examine
certain locations in the northern part of the state, with a view to ascertain the practicability of
employing the convicts, in a new prison proposed to be erected, in the labor of mining. The
system may therefore be represented as still in a somewhat unsettled state ; and a short period
may witness the application to it of changes, of which it might not be easy to predict either
the extent or the nature, even if it were proper here to engage in any speculation of this cha-
racter.

A few words, before passing from this subject, are due to another excellent institution
which occupies a not unimportant position in the penitentiary system of the state — the insti-
tution for the reformation of juvenile delinquents, in the city of New- York, commonly known
as the House of Refuge. This was the first establishment of this kind in the union, having
been founded in the year 1824 ; though it presented an example which was speedily followed
by other states. It grew out of the philanthropic efforts of a private association of gentlemen
in New-York, who were incorporated March 29, 1824, under the title of the "Society for
the Reformation of Juvenile Delinquents;" among whom it will not be deemed invidious to
particularize as among the most prominent and active, the late Thomas Eddy and Cadwallader
D. Colden, and also Mr. Charles G. Haines, who, as chairman of a voluntary committee, was
the author, in 1824, of a very able and valuable report on the history and discipline of peniten-
tiaries in the United States, from which much aid has been derived in the hasty preparation of
these pages. It was founded on a basis of private subscription, aided by annual assistance from
the state ; and is administered by officers chosen by the society, and superintended by its
constant vigilance, under a system of general laws for its government, enacted by the legisla-
ture. It thus partakes of the character partly of a private, though mainly of a public institu-
tion ; while it has been one of very eminent utility for the rescue of thousands from a career
of crime and ruin. It is conducted for the most part on the general plan of the Auburn esta-
blishment, though moderated in severity, and adapted to the different class of subjects em-
braced within its action ; children of both sexes are received in it under the age of sixteen. It
is a just subject of pride to both the state and the city, as well as of gratitude to its founders
and supporters.

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