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PUBLIC PAPERS 
 
 JOHN Tr HO^FFMAN, 
 
 GOVERNOR OF NEW YORK. 
 
 1869-70-71-72. 
 
 ALBANY, K T. : 
 
 J MUNSELL, 82 STATE STREET. 
 
 1872. 
 
 
 
MESSAGES ■' 
 
 or 
 
 GOYEBlSrOE HOFFMAN. 
 1869-72. 
 
 ANNUAL MESSAGE. 
 
 Executive Chamber, 1 
 Albany, January 5, 1869. j 
 To THE Leqislatuke : 
 
 Having been elected to the highest office in the gift of the people 
 of the State, I have taken the oath required by the Constitution, 
 impressed with a due sense of my responsibilities, yet indulging the 
 confident hope that by the blessing and favor of Almighty God, who 
 disposes all things, I shall be able so to discharge my duties aa to 
 command the approval of my constituents and to promote the welfare 
 of the State. I am not unaware of the embarrassments which sur- 
 round me. I am here to administer and to execute important public 
 trusts ; to reconcile and adjust conflicting interests as great as they 
 are varied ; to overcome or moderate sectional prejudices and jea- 
 lousies which may exist within our own territory ; to preserve public 
 order ; to protect the public works ; to endeavor to reduce expendi- 
 tures, taxation and debt; and to assert and maintain the rights of 
 the State and defend the interests of its citizens. 
 
 The fact that neither branch of the Legislature is in political 
 sympathy with the Executive may seem to be an obstacle in the 
 way of the accomplishment of these ends. Kelying, however, upon 
 your intelligence and patriotism, trusting that you will rise, as I shall 
 strive to do, above all party prejudices and differences, I am ready, 
 with all the ability and energy I possess, to unite with you, as I trust 
 you will unite with me, in every effort to secure to those whose re- 
 
2 Messages op Gov. Hoffman. 
 
 presentatives we are, the blessings of an economical, a prudent and 
 a wise government. We cannot be unmindful of the greatness of 
 our State, and the magnitude, variety and importance of its interests 
 and resources. Containing, as it does, more than four millions of 
 people, among whom are represented every nation and every creed ; 
 extending, as it does, from the ocean to the great inland lakes, over 
 an area of more than fifty thousand square miles ; it constitutes an 
 empire in extent and population, which can not be well governed 
 except by the exercise of the greatest moderation, wisdom and 
 firmness on the part of the Legislature and the Executive. 
 
 The magnificent harbor which lies at our very gates invites to 
 the metropolis of the State and of the whole country the trade and 
 commerce of all foreign lands ; while the great lakes upon our borders, 
 and the canals and railroads which connect them with the ocean, 
 bear onward to the same metropolis the vast and increasing products 
 of our own western and northwestern States. Hence the unparal- 
 leled growth and progress of our great city, which including what 
 may be properly called its suburbs, numbers more than one-third of 
 the population, and pays more than one-half of the taxes of the 
 State. How such a city can be best governed, how the apparently 
 conflicting interests between it and other portions of the State can 
 be justly harmonized, how the differences of sentiment and thought, 
 political and social, between it and other sections can be adjusted, 
 are problems of serious import. These and other grave questions, 
 growing out of conflicting ideas, will continually present themselves. 
 You are to determine what legislation shall be had with reference 
 to our canals and railroads, our moneyed corporations, our schools 
 and colleges, our asylums, prisons and charities, our great debt and 
 heavy taxes, and to our varied population, differing not only in re- 
 ligious faith, but in views of moral and social obligations, customs 
 and duties. The very magnitude of our territory and of the popula- 
 tion within its limits admonishes us that upon these and other 
 kindred subjects it is a necessity that we entertain none but broad 
 and comprehensive ideas. Whatever may be our individual opinions 
 to-day, the great majority of thoughtful men will sooner or later be 
 forced to acknowledge that this great metropolitan State cannot be 
 governed upon any merely provincial theories, or by the enforce- 
 ment of any narrow-minded, sectional or illiberal policy ; and that 
 the masses of the people, while they will demand of their representa- 
 tives economy in administration, perfect preservation of law and 
 order, and certain protection to life and property, will also insist 
 that in everything which relates to social, domestic and religious life 
 
Messages of Gov. Hoffman. 3 
 
 and the pursuit of personal welfare and enjoyment, there shall be 
 no undue or unnecessary legislative or official interference. We 
 must so act as to promote contentment, reconciliation and harmony, 
 rather than to encourage dissension, alienation and division. > 
 
 We must not favor legislation which creates, in the minds of a 
 large number of law-abiding citizens, dissatisfaction with law and 
 law-makers. All enactments should be, as far as possible, general 
 in their application. All legislation should be for the whole people. 
 It should be our aim so to conduct public affairs as to avoid those, 
 sectional jealousies from which have sprung suggestions that a divi- 
 sion of the State might be desirable. State pride and State interests 
 alike forbid such division. New York stands to-day the Empire 
 State of the Union, and, if governed by wisdom, it has before it a 
 career of ever-increasing greatness and prosperity. 
 
 There is no real conflict of interest between city and country. 
 Agriculture and commerce together make our State great and pros- 
 perous. The merchant and the agriculturist are mutually depend- 
 ent upon and interested in each other's welfare. 
 
 During the past year the agricultural interests of ■ the State have 
 been greatly favored by Providence. Our fields have yielded large 
 harvests, for which the farmer has found a ready market and abun- 
 dantly compensating prices. He does not feel at present the full 
 weight of the burdens of taxation, and he rejoices in his prosperity. 
 He knows, however, that these burdens must in the end be borne 
 by country and city alike ; that he cannot escape his share of them ; 
 and that at some time a season of disappointment and trial will 
 come. He therefore unites in an admonition to all in authority that 
 public resources must be husbanded ; that no unjust or unnecessary 
 taxes shall be imposed ; and that, while in all public affairs a rea- 
 sonable liberality is to be encouraged, extravagance and waste will 
 be condemned. A large amount of invested capital has been de- 
 clared by Congress exempt from the taxation which now oppresses 
 nearly every interest in the country ; those who bear no portion of 
 the public burdens will never be active in opposing their increase. 
 Some will be always ready to favor projects involving great outlays 
 of public money in enterprises of real or supposed merit, but the 
 great body of the people will not sanction any expenditures or ap- 
 propriations, the necessity of which is not clearly apparent. 
 
 By the Constitution, the Executive is required " to communicate, 
 by message to the Legislature, at every session, the condition of the 
 State, and to recommend such matters to them as he shall judge 
 expedient." I proceed to discharge this duty. 
 
4 Messages of Gov. Hoffman. 
 
 The following is a condensed statement in relation to the finances 
 and indebtedness of the State. 
 
 Beoeipts and Payments. 
 General Fund. 
 Peficiency in the revenue on the 30th of September, 1867, two mil- 
 lion eight hundred and sixty thousand five hundred and eighty- 
 six dollars and thirty-eight cents, $2,860,686 38 
 
 Payments of the year, ten million two hundred 
 and ei^ht thousand one hundred and ninety-eight 
 dollars and forty-six cents, 10,208,198 46 
 
 $13,068,784 84 
 Receipts, ten million one hundred and twelve thou- 
 sand three hundred aiud thirty-one dollars and 
 thirty cents, .„ , 10,112,331 30 
 
 Deficiency of the revenue on the 30th of September, 
 1868, two million nine hundred and fifty-six 
 thousand four hundred and fifty-three dollars 
 and fifty-four cents , $2^956,453 54 
 
 Note — There was due at the close of the fiscal year from the City of New 
 York, (four million fl.ve hundred and thirty thousand and fourteen doUari. 
 and seventeen cents ($3,530,014 17), of which four million doUars ($4,000,000) 
 has since been paid ; making up the above deficiency, and leaving a large 
 surplus. 
 
 Geneeai, and othee Funds. 
 
 Beceipts of the year on account of all the funds, except the Canal 
 and Free School Fund, sixteen million three thousand one hundred 
 and seventy-eight dollars and fifty-three cents.. $16,003,178 53 
 
 Balance due the treasury on the 30th of September, 
 1867, three hundred and fifty thousand and nine 
 dollars and fifty-eight cents, $350,009 58 
 
 Payments of the year, fourteen mil- 
 lion nine hundred and four 
 thousand six hundred and forty- 
 seven dollars and fifty -four cents, 14,904,647 54 
 
 15,254,657 12 
 
 Balance in treasury on the 30th of September, 
 1868, seven hundred and forty-eight thousand 
 five hundred and twenty-one dollars and forty- 
 one cents $748,521 41 
 
Messages of Gov. Hoffman. 
 
 Taxes. 
 
 . The State tax leviecl in 1868, was 5| mUls, for the following pur- 
 poses : For schools, li mill ; for general purposes, li mi^l ; for 
 canals, 1-^ mill ; for Bounty Debt, 2J mills, and for the Whitehall 
 and Plattsburgh Railroad, ^^ mill — total, ten million two hundred 
 and fortj-three thousand three hundred and seventeen dollars and 
 one cent ($10,243,317.01). The State tax levied in 1867, amounted 
 to twelve million six hundred and forty-seven thousand two hundred 
 and eighteen dollars and seventy-one cents ($12,647,218.71). 
 
 State Debt. 
 
 On the 30th September, 1867, the total funded debt was forty- 
 eight million three hundred and sixty-seven thousand six hundred 
 and eighty-two dollars and twenty-two cents ($48,367 j682.22), classi- 
 fied as follows : 
 
 General Fund debt, five million si?: hundred and forty-two thousand 
 six hundred and twenty-two dollars and twenty- 
 two cents $5,642,622 22 
 
 Contingent, one hundred and thirty thousand dol- 
 lars, 130,000 00 
 
 Canal, fifteen million seven hundred and thirty- 
 three thousand and sixty dollars,. 15,733,060 00 
 
 Bounty, twenty-six million eight hundred and 
 sixty-two thousand dollars, 26,862,000 00 
 
 $48,366,682 22 
 
 On the 30th September, 1868, the total funded debt was forty- 
 four million nine hundred and sixty-eight thousand seven hundred 
 and eighty-six dollars and forty cents ($44,968,786,40), classified 
 as follows : 
 
 General Fund debt, four million seven hundred and seven thousand 
 eight hundred and twenty-six dollars and forty 
 
 cents, $4,707,826 40 
 
 Contingent, sixty-eight thousand dollars, 68,000 00 
 
 Canal, fourteen million two hundred and forty-nine 
 
 thousand nine hundred and sixty dollars 14,249,960 00 
 
 Bounty, twenty-five million nine hundred and forty- 
 three thousand dollars, 25,943,000 00 
 
 $44,968,786 40 
 
6 
 
 Messages of Gov. Hoeeman. 
 
 The following statement shows the amount of the State debt on 
 the 30th of September, 1868, after deducting the unapplied balances 
 of the Sinking Funds at that date : 
 
 
 Debt on the 30th 
 September, 1868. 
 
 BalanceB of the 
 
 Sinking Funds, 
 
 Sept. 30, 1868. 
 
 Balance of debt 
 after applying 
 Sinking Funds. 
 
 General Fund, 
 
 ■Contingent 
 
 14,707,836 40 
 
 68,000 00 
 
 14,349,960 00 
 
 35,943,000 00 
 
 *$153,178 54 
 
 15,517 83 
 
 4,017,333 43 
 
 tl,918,408 87 
 
 $4,554,647 86 
 
 53,483 18 
 
 10,333,737 57 
 
 34,034,591 13 
 
 Canal, 
 
 Bounty 
 
 
 $44,968,786 40 
 
 $6,104,337 66 
 
 $38,864,448 74 
 
 It appears from this statement that over six millions of dollars 
 ($6,000,000), balances of Sinking Funds, have accumulated, appli- 
 cable to the redemption of the debt, and that the net amount of the 
 State's indebtedness at the end of the fiscal year was only thirty- 
 eight million eight hundred and sixty-four thousand four hundred 
 and forty-eight dollars and seventy-four cents ($38,864,448,74). 
 The Sinking Funds, which there is no reason to suppose will be 
 diminished, will, at their present rate of application, extinguish the 
 whole debt within nine years. 
 
 Canals. 
 
 The following statement will show the condition of the Canal Fund 
 for the fiscal year. 
 
 Canal Fvmd. 
 Balance in the treasury and invested October 1, 1867, three million 
 
 eight hundred and forty thousand nine hundred and thirty-five 
 
 dollars and sixty-six cents, $3,840,935 66 
 
 Received during the year ending 30th September, 
 
 1868, five million six hundred and eighty-one 
 
 thousand two hundred and twenty-six dollars and 
 
 eleven cents, 5,681,226 11 
 
 $9,522,161 77 
 Paid during the year, four million eight hundred 
 and twenty-three thousand two hundred and 
 thirty-nine dollars and thirty-three cents, 4,823,239 33 
 
 Carried Forward, $4,698,922 44 
 
 * Includes $350,000 due October 1, 1868, and since paid. 
 
 t Deducting interest accrued to October 1, 1868, payable January 1, 1869. 
 
Messages of G-ov. Hoffman. 7 
 
 Leaving a balance 30th September, 1868, of four 
 million six hundred' and ninety-eight thousand 
 nine hundred and twenty-two dollars and forty- 
 four cents, $4.698,9^ 44 
 
 Sevenues and Expenditures for the Fiscal Year. 
 
 Statement of the revenues of the State canals, and the expenses 
 
 of collection and ordinary repairs during the fiscal year ending 30th 
 
 September, 1868 : 
 
 Receipts. 
 
 Tolls, four million four hundred and seventeen thousand five hun- 
 dred and fifty-nine dollars and fifty cents, $4,417,559 50 
 
 Rent of surplus water, seven hundred and fifty 
 dollars, ; 750 00 
 
 Interest on current revenues, thirty-two thousand 
 seven hundred and ninety-one dollars and sixty- 
 nine cents, 32,791 69 
 
 Miscellaneous receipts, twenty-six thousand four 
 hundred and forty-four dollars and ninety-eight 
 cents, 26,444 98 
 
 $4,477,546 17 
 
 To Canal Commissioners for ordinary repairs, two 
 hundred and forty-one thousand six hundred and 
 forty-seven dollars and eighteen 
 cents, $241,647 18 
 
 To contractors, for repairs, seven 
 hundred and seventy-five thou- 
 sand one hundred and eighteen 
 dollars and seventy-four cents,.. 775,118 74 
 
 To superintendents, for repairs, 
 two hundred and ninety-one dol- 
 lars and twocents, 291 02 
 
 To collectors, for salaries, clerk 
 hire, pay of inspectors and ex- 
 penses of collectors' offices, sev- 
 enty-six thousand sevenhundred 
 and sixty-one dollars and eleven 
 cents, 76,761 11 
 
 Carried forward, $1,093,818 05 $4,477,546 17 
 
8 Messages of Gov. Hoffman. 
 
 Brought forward $1,093,818 05 «4,477,546 17 
 
 To weiglimasters, thirteen thou- 
 sand three hundred and forty- 
 seven dollars and seventy cents, 13,347 70 
 
 For salaries chargeable to annual • 
 revenues, refunding tolls, print- 
 ing and other miscellaneous pay- 
 ments, seventy-seven thousand 
 and seventy-nine dollars and 
 
 twenty-nine cents 77,079 29 
 
 ■' 1,184,245 04 
 
 " Surplus revenues," three million two hundred and 
 ninety-three thousand three hundred and one 
 dollars and thirteen cents f3,293,301 13 
 
 Amounts set apaet by Article VII or the Constitution, viz : 
 
 To Sinking Fund under section 1, one million seven hundred 
 thousand dollars $1,700,000 00 
 
 To Sinking Fund uhder section 2, three hundred 
 
 and fifty thousand dollars 350,000 00 
 
 To Sinking Fund under section 3, one million one 
 hundred and sixteen thousand two hundred and 
 forty-two dollars and sixty-six cents, 1,116,242 66 
 
 For the support of Grovernment under section 3, 
 one hundred and twenty-seven thousand and fifty- 
 eight dollars and forty-seven cents, 127,058 47 
 
 $3,293,301 13 
 
 Canal Debt paying Interest 30th September, 1868. 
 
 Principal. Annual interest of. 
 
 Under article 7, section 1 of the 
 
 Constitution, $2,230,700 00 $111,635 00 
 
 Under article 7, section 3, of the 
 
 Constitution, 10,324,100 00 619,196 00 
 
 Under article 7, section 12, of the 
 
 Constitution, 1,685,000 00 101,100 00 
 
 $14,239,800 00 $831,831 00 
 
Mbssases of Gov. Hoffman. 
 
 9 
 
 There are also ten thousand one hundred and sixty dollars 
 ($10,160) of Canal debt, which sum is past due and does not now 
 bear interest ; this is included in my previous statement of Canal 
 debt. , 
 
 The aggregate balance of all the Sinking Funds applicable to the 
 Canal debt in the treasury, and temporarily invested on the 30th of 
 September, was four million and seventeen thousand two hundred 
 and thirty-two dollars and forty-three cents ($4,017,232.43.) These 
 Sinking funds are pledged for the payment of the interest and the 
 redemption of the principal of the several debts and loans incurred 
 under sections one, three and twelve, of article seven of the Consti- 
 tution in the construction and enlargement of the canals. The ap- 
 plication of the above balance to the several debts, for the payment 
 of which these funds have been provided and set apart, would re- 
 duce the above outstanding indebtedness to the sum of ten million 
 three hundred and seven thousand nine hundred and twenty-one 
 dollars and twenty-four cents ($10,307,921.24), as will more fully 
 appear from the following statement : 
 
 
 ^1 
 
 a*' 
 
 Bal'ce of Sink- 
 ing Fund, 30th 
 Sept. 1868, in- 
 cluding tem- 
 porary invest- 
 ments. 
 
 Balance of debt 
 after applying 
 Sink'g Funds. 
 
 Under art. 7, sec. 1, 
 of the Constitution. 
 
 Under art. 7, sec. 3, 
 of the Constitution, 
 
 Under art. 7, sec. 13, 
 of the Constitution. 
 
 $2,340,860 GO 
 
 10,334,100 00 
 
 1,685,000 00 
 
 $3,316,053 67 
 
 1,133,530 13 
 
 578,658 64 
 
 $9,301,579 88 
 1,106,341 36 
 
 $14,349,960 00 
 
 $4,017,333 43 
 
 $10,307,931 34 
 
 It will be seen from the last statement, which is made up by the 
 Canal Department, that the total amount of Canal debt is seventy- 
 five thousand one hundred and ninety-three dollars and sixty-seven 
 cents ($75,193.67) in excess of the amount previously stated by me. 
 The first statement is from the Comptroller's books. The explana- 
 tion of this discrepancy is as follows : 
 2 
 
10 MBSSAflBS OF Gov, HOFFMAN. 
 
 The Canal debt, under section 1 of article 7 of the Constitution, is 
 
 two million two hundred and forty thousand 
 
 eight hundred and sixty dollars $2,240,860 00 
 
 The Sinking Fund is two million three hundred 
 
 and sixteen thousand and fifty-three dollars and 
 
 sixty-seven cents, 2,316,053 67 
 
 Excess of Sinking Fund over debt, seventy-five 
 thousand one hundred and ninety-three dollars 
 and sixty-seven cents, $75,193 67 
 
 which the Comptroller has included in the Sinking Fund applicable 
 to the payment of the residue of the Canal debt, and which the 
 Auditor does not include. 
 
 The amount carried to the Sinking Fund under section one, is 
 fully sufficient to pay the balance due on the debt originally incurred 
 for the construction of the canals, and known as the Canal debt of 1846. 
 The extinguishment of this debt makes a further annual appropria- 
 tion of one million seven hundred thousand dollars (1,700,000) no 
 longer necessary, and enables the Legislature to apply the surplus 
 revenues to the immediate payment of the General Fund Debt and 
 enlargement loans, in accordance with the provisions of sections two 
 and three, of article seven of the Constitution. 
 
 The Auditor of the Canal Department reports, that the balance 
 due on the General Fund debt for the payment of which the canal 
 revenues are chargeable, is four million five hundred and fifty-fonr 
 thousand six hundred and forty-seven dollars and eighty-six cents 
 (84,554,647 86). The annual appropriation of one million five hun- 
 dred thousand dollars ($1,500,000) hereafter required by said sec- 
 tion two, will be sufficient to pay the principal and accruing interest 
 of this debt in less than four years. The debt contracted by virtue of 
 the provisions of said section three, for the enlargement and com- 
 pletion of the canals, amounting, on the thirtieth of September last, 
 to ten million three hundred and twenty-four thousand one hundred 
 dollars ($10,324,100), matures on an average in less than six years. 
 To supply the Sinking Fund with the means to pay the interest 
 and redeem the principal of this debt as it falls due, will require 
 an annual appropriation of two million three hundred and forty 
 thousand dollars ($2,340,000). Funds have been provided for the 
 pfvyment of all outstanding claims and liabilities against the State, 
 except such as may have arisen during the last year for awards 
 made by the Canal Appraisers for lands appropriated or occupied 
 
Messages of Gov. Hoffman. 11 
 
 for public purposes. The amount of business transacted upon the 
 canals, their general condition, management and supervision, com- 
 pare favorably with any previous season. Their revenues have been 
 nearly half a million in excess of those of 1867, while their current 
 expenses, for care, superintendence, and ordinary repairs, have been 
 over two hundred thousand dollars less than the annual average for 
 the four preceding years. 
 
 It affords me great pleasure to congratulate the Legislature and 
 the people of the State upon the fact that the surplus revenues of 
 the canals for the past fiscal year have been sufficient to pay the 
 balance of the canal debt of 1846, satisfy the other requirements of 
 the Constitution, and contribute over a hundred thousand dollars " to 
 defray the necessary expenses of the government." 
 
 The Brie canal, by its geographical position and its physical charac- 
 teristics, has a special and an important relation to the commerce and 
 business not only Of our own State, but of the populous and rapidly 
 growing communities of the great northwest. Connecting the Hudson 
 with the lakes it is an indispensable link in a chain of water com- 
 munication, which continues to be of great power and value notwith- 
 standing the improvements in the methods of land transportation 
 which are characteristic of our times. This work is a trust for the 
 people of this State, whose enterprise and capital have created it; 
 but it is to be administered in a spirit of liberality toward those great 
 populations whose growth has been fostered by it, and whose welfare 
 it continues to affect. To maintain it in a condition of efficiency, and 
 to improve it in a practical manner, as the necessities of business 
 from time to time demand, is our interest as proprietors, and our 
 policy with reference to the commerce of the State and country. 
 To protect it from embarrassment, arising out of improvident ex- 
 penditures, ill-considered changes in its structure, or charges upon 
 its revenues, growing out of other undertakings, is an obligation 
 clearly resting upon us. The general plan of its construction and 
 its adaptation to the business for which it was intended, provide a 
 convenient, easy, and an economical means of transportation. The 
 complaints that have arisen, some of which have been made the 
 occasion of demands for fundamental changes in the work, have 
 been provoked mainly by failures in the administration. 
 
 The most unnecessary, as well as the most mischievous, of these 
 failures has been the allowing of the water-way of the canal to 
 become narrow at the bottom, and shallow, by neglect to remove 
 the gradual accumulations of earth incident to the use of the work 
 and the lapse of time. The consequences have been that the flow 
 
12 Messaoes ov Gov. Hoefman. 
 
 of water has been obstructed, its supply lessened, especially on the 
 short levels, the movement of the boats retarded, the time of transits 
 lengthened, and the cost of transportation increased. Frequent 
 complaints, of a serious character, have also arisen from the failure 
 to make provision for prompt repairs, for keeping the locks in effi- 
 cient working order, and for doubling them when necessary. All 
 persons doing business on the canals will agree that these evils have 
 been much less during the navigation season of 1868 than before. 
 During and for some time prior to the season of 1867, they were so 
 serious as to greatly impair the efficiency of the canals and to create 
 very extensive dissatisfaction among all persons engaged in the 
 business of transportation. I do not propose now to speak at length 
 in regard to the specific improvements to the making of which such 
 surplus revenues as the State may have at its command should be 
 applied. Upon this subject I respectfully refer you to the able re- 
 port of the State Engineer, of which I ask your careful considera- 
 tion. Besides such general improvements as experience suggests, 
 and the demands of commerce require, it is a constant duty, as well 
 as the best economy, to keep the canals at all times in thorough 
 repair, and in the best and most efficient working condition. It is 
 especially important, that the water-way be restored to its full dimen- 
 sions, and even be incidentally and progressively enlarged. The 
 considerations which I have submitted are applicable to all the canals 
 in proportion to the extent of their business. 
 
 With regard to the present contract system for repairs to the 
 canals, I beg leave to call your attention specially to the following 
 extract from the report of the State Engineer : " The present system 
 of repairs has proved a great disappointment to its early advocates, 
 and as an experiment, has wholly failed in protecting the interests 
 of the State, and in preserving and maintaining our public works. 
 It has proved to be anything but economical to the State, or benefi- 
 cial to navigation, and its repeal is earnestly desired by all directly 
 interested in the navigation of the canals, and strongly recommended 
 by all the present and retiring canal officials." These views of the 
 State Engineer meet with my full approval, and I unite in his re- 
 commendation. In concluding these remarks, I desire to enter my 
 earnest protest against the proposition, which in some quarters has 
 met with favor, that it is the duty of the general government to 
 interest itself in our canals, and ultimately to acquire control of them. 
 OurState has a just pride in its public works, and is quite competent to 
 take care of them. To foster and protect them, to adapt them fully 
 to the public necessities and to the growing demands of the internal 
 
Messages of Gov. Hoffman. 13 
 
 commerce of the country, should be the duty of the Legislative and 
 Executive departments. 
 
 Salt Springs. 
 
 The Superintendent of the Onondaga Salt Springs reports the 
 quantity of salt inspected during the last fiscal year at eight million 
 seven hundred and ninety-three thousand five hundred and fourteen 
 bushels (8,793,514), being an increase of production over that of 
 the previous fiscal year of two million sixteen thousand four hun- 
 dred and fifty-four bushels (2,016,454). The amount of revenue 
 received from all sources was eighty-eight thousand and forty-nine 
 dollars and forty-seven cents, (188,049,47) ; total expenditures con- 
 nected with the superintendency of the springs was forty-nine thou- 
 sand two hundred and thirty-eight dollars ($49,238) ; the amount 
 of net revenue received by the State being thirty-eight thousand 
 eight hundred and eleven dollars and forty -seven cents (138,811.47). 
 
 State Prisons. 
 
 The following facts in regard to the receipts and expenditures of 
 the State prisons are furnished me by the Comptroller : , 
 
 Earnings. 
 
 Sing Sing, 1135,363 78 
 
 Auburn, 125,334 89 
 
 Clinton, 238,428 55 
 
 $499,127 22 
 
 Payments. 
 
 Sing Sing, $303,364 36 
 
 Auburn, 208,839 53 
 
 Clinton, 420,008 31 
 
 $932,212 20 
 
 For the number of inmates of the several prisons, and other de- 
 tails, I respectfully refer you to the reports of the Inspectors, which 
 will be duly presented. 
 
 Our prisons have not been for many years self-supporting institu- 
 tions. I am satisfied they can be better managed, as well in respect 
 to finances as discipline. The prison system of this State abounds 
 in evils and errors. Many of these are, doubtless, due to the fact 
 
14 Messages of Gov. Hoffman. 
 
 that the persons appointed to discharge the duties of agents, wardens 
 and keepers, are too often selected from political considerations only, 
 without reference to their capacity and qualifications. The present 
 contract system for the employment of the labor of the prisoners is 
 an unwise one. It affects very unfavorably the discipline of the 
 institutions, and does not produce satisfactory pecuniary results. 
 The labor of the convicts should be directed and employed entirely 
 by the Prison Superintendents, and the products of such labor should 
 be sold by them for the benefit of the State. This system would 
 remove many existing causes of complaint in regard to convict labor, 
 and result in material advantage to the public. 
 
 The law passed some years ago, allowing to convicts, for good be- 
 havior, a certain number of days' deduction from their terms of 
 imprisonment, byway of commutation of sentences, has been benefi- 
 cial in its operation ; and if, under a system by which the Superin- 
 tendent should directly employ the labor of the prisoners, provision 
 should be made that a small portion of their earnings be laid aside 
 for their benefit, to be paid to them on the expiration of their sen- 
 tence, the effect upon their present conduct and future lives would, 
 I think, be useful alike to them and to society. I cannot in this 
 message enter into detailed statements and suggestions of all that is 
 necessary for prison reform. I commend to your consideration the 
 report of the Prison Association, which, under a resolution of the 
 last Legislature, was directed to investigate the financial administra- 
 tion of the State prisons and the reformatory agencies employed in 
 them. 
 
 It is time that the great State of New York, throughout which 
 extends such a grand and liberal system of education and charity, 
 should give to this subject of prison management and reform the 
 attention which its importance demands, and which, hitherto, it has 
 failed to receive. 
 
 I commend to your favorable consideration the various houses of 
 refuge and other institutions for the reformation of juvenile delin- 
 quents. It is wise economy to aid them, and to provide for their 
 increase and extension. 
 
 I respectfully call your attention to the present practice of detain- 
 ing witnesses in criminal cases, when unable to give security for 
 their appearance at the trial of the accused. They are generally 
 poor, sometimes strangers temporarily visiting the State and made 
 the victims of crime, often have families dependent upon them, and 
 are kept in prison upon the claim that public necessity requires 
 their actual presence at the trial. It frequently happens that while 
 
Messages of Gov. Hoffman. 15 
 
 the unfortuaate witness is in prison, the alleged criminal is at large, 
 on bail. The unnecessary detention of the innocent to convict the 
 guilty is a cruel wrong. I submit whether it cannot be remedied by 
 proper legislation. 
 
 Instjrance. 
 
 Inasmuch as the report of the Insurance Department is not due 
 until after the assembling of the Legislature, I am unable to com- 
 municate any information in regard to its workings during the past 
 year. I refer you to the report when presented. 
 
 Banks. 
 
 The number of financial institutions having relations, more or 
 less intimate with the Banking Department, on September 30, 1868, 
 was four hundred and eighty-eight (488). 
 
 Of these, two hundred and forty-eight (248) were banks that had 
 voluntarily taken the final steps to close their banking business 
 under the laws of this State, by providing for the redemption of 
 their circulation within six (6) years. 
 
 Three (3) others are insolvent, but their circulating notes are 
 a,mply secured. Forty-eight (48) bankin'g institutions, not above 
 enumerated, have been converted into national banks or are otherwise 
 changing their condition, but have not availed themselves of the 
 provisions of the law for finally closing their circulation account. 
 
 One (1) trust company and one (1) savings bank are voluntarily 
 winding up their affairs, and one (1) savings bank, the Niagara 
 County, is closing its business in consequence of insolvency, with 
 liabilities, however, supposed to be less than four thousand dollars 
 (14,000). 
 
 Forty-seven (47) incorporated banks, whose charters have ex- 
 pired, still have notes outstanding, for the redemption of which 
 they have not made any final deposit. 
 
 One hundred and one (101) savings banks, with an aggregate 
 of deposits exceeding one hundred and fifty millions of dollars 
 ($150,000,000) ; forty-five (45) banks of discount and deposit, in- 
 cluding some of the oldest and most substantial and popular institu- 
 tions in our State; and four (4) trust companies, with large capital 
 and extensive business, still retain relations with this Department, 
 unaffected by the financial changes of the last few years. On foe 
 these. The Mechanics' and Farmers' Bank of Albany, has evinced 
 its confidence in the free banking system of the State, of New York 
 
16 Messages of Gov. Hoffman. 
 
 by returning to it from the national system under the provisions of 
 the enabling act of 1867. 
 
 One (1) banking association, one (1) trust company, and two (2) or 
 more savings banks, have been organized during the year, and other 
 banking associations have filed certificates, but have not taken the 
 final steps to organization precedent to the transaction of business. 
 
 The whole amount of circulating notes of all banks in this State, 
 outstanding and charged to their accounts, on the 1st day of October 
 last, was two million nine hundred and fifty-four thousand three 
 hundred and ninety-one dollars (12,954,391); of this one million 
 six hundred and sixty-five thousand eight hundred and fifty-five 
 dollars ($1,665,855), were issues of free banks, one million two hun- 
 dred and eighty-eight thousand five hundred and thirty-six dollars 
 ($1,288,536) were issues of Safety Fund and Incorporated Banks. 
 The amount for which securities were held by the Superintendent 
 of the Banking Department was two million and twelve thousand 
 seven hundred and sixty-eight dollars ($2,012,768), leaving un- 
 secured nine hundred and forty-one thousand six hundred and 
 twenty-three dollars ($941,623). But this consists, for the most 
 part, of notes of very old banks, and is represented by their account 
 of supposed lost circulation, or of banks that through some form of 
 organization still redeem their notes dollar for dollar, and, in some 
 instances, in gold. 
 
 The amount of circulating notes returned to the Bank Depart- 
 ment and destroyed during the last fiscal year, was nine hundred 
 and ninety-one thousand two hundred and seventy-three dollars 
 ($991,273). 
 
 Militia. 
 
 The Adjutant-General reports that the National Guard of the 
 State is, in its organization and discipline, in a sound and prosperous 
 condition ; that it numbers between twenty-five thousand (25,000) 
 and thirty thousand (30,000) men and consists of — 
 
 Fifty regiments of infantry. 
 Three battalions of infantry. 
 One regiment of artillery. 
 Three battalions of artillery. 
 Three batteries of artillery. 
 Three regiments of cavalry. 
 Two battalions of cavalry. 
 One squadron of cavalry. 
 
Messages op Gov. Hoffman. IT 
 
 The Legislature of 1868 authorized a reduction of the maximutn 
 force from fifty thousand (^50,000) to thirty thousand (30,000), and 
 during the year forty-nine (49) regiments of infantry and two (2) 
 battalions of artillery have been disbanded. • 
 
 It will be my aim to reduce, as far as possible, the military ex- 
 penses of the State, without impairing the eflioiency of the State 
 National Guard. 
 
 Education. 
 
 The condition of the colleges and academies of the State will ap- 
 pear from the annual report of the Board of Kegents of the University. 
 The opening of the Cornell University, at Ithaca, in October last, 
 was an event of marked interest. The widely extended influence 
 of the academies in the State entitle them to liberal consideration. 
 A suggestion has been made that the annuity given, more than 
 thirty years ago, from the United States Deposit Fund, might now, 
 with propriety, be increased. The State Library and the State 
 Cabinet of Natural History, both under the control of the Regents 
 of the University, are in a satisfactory condition. The additions to 
 the library, during the past year, have been larger than usual. The 
 collections of the State Cabinet have been greatly increased. I 
 recommend the usual appropriations for both. 
 
 I submit the following statement in relation to the common schools, 
 for the year ending September 30, 1868 : 
 
 Financial. 
 Seceipts. 
 
 Amount reported on hand, Oct. 1, 1867,.../ $1,197,924 70 
 
 Apportioned to districts, 2,315,166 80 
 
 Proceeds of Gospel and School lands, 22,843 46 
 
 Raised by local taxation,.. 6,311,186 12 
 
 From all other sources, 633,346 58 
 
 s $10,480,467 66 
 
 Uxpenditures. 
 
 For teachers' wages, $5,586,546 42 
 
 For libraries, 26,926 48 
 
 For apparatus, 234,382 34 
 
 For colored schools, 64,765 58 
 
 Amount carried forward, $5,912,620 82 
 
 3 
 
18 Messages of Gov. Hoffman. 
 
 Amount brought forward, $5,912,620 82 
 
 For school houses, sites, repairs, 
 
 furniture, etc., 2,166,566 22 
 
 For all other incidental expenses, 930,6-40 61 
 Amoupt reported on hand Oct. 1, 
 
 1868, 1,470,640 01 
 
 $10,480,467 66 
 
 Statistical. 
 
 Number of children of school age, 1,464,424 
 
 Number of children attending school some portion of 
 
 the year, 971,512 
 
 Number of teachers employed in common schools for 
 
 28 weeks or more, 16,580 
 
 Number of male teachers, 5,883 
 
 Number of female teachers, 21,870 
 
 Number of school districts, 11,731 
 
 Number of school houses, 11,673 
 
 Number of volumes in district libraries, 1,064,229 
 
 Amount of public money to be apportioned during cur- 
 rent fiscal year, $2.520,000 
 
 Since the school-tax was increased from f of a mill to li mills, 
 and the schools opened to all of proper age without charge, the num- 
 ber of children attending has greatly increased. Four Normal 
 Schools for the training of teachers are in full operation. Two others 
 will be opened early in the present year, and two more early in the 
 year 1870. 
 
 It is not necessary for me to uTge upon you the importance of 
 doing whatever may be necessary to foster the educational interests 
 of the State. 
 
 CaABIXIES AND ASYLUMS. 
 
 In relation to the operation of the several public charities and asy- 
 lums in the State, I respectfully refer you to the official report, 
 which will be transmitted. 
 
 The commission of Public Charities was organized under an act 
 of the Legislature of 1867. During the past year nearly all the 
 charitable institutions of the State, both public and private, and 
 also the poor-houses have been visited under the authority of the 
 Board. Until the creation of this commission, notwithstanding the 
 large annual contributions of the State to charitabte institutioas, no 
 
Messages op Gov. Hoffman. 19 
 
 provision existed for any systematic supervision or examination of 
 them. The report which will soon he submitted, will, I douht not, 
 present many interesting facts, and valuable suggestions. I com- 
 mend all the great charities of the State to the favorable considera- 
 tion of .the Legislature, and recommend such additional legislation 
 as may be necessary to increase the efficiency of the commission. 
 
 The title to the Inebriate Asylum at Binghamton, is, under the 
 operation of the law passed in 1867, vested in the State. No pro- 
 vision was made by that law for the government of the institution, 
 and its management is still in the hands of the trustees under the 
 charter. I submit to the Legislature whether any changes should 
 be made in its administration. 
 
 The New Capitol. 
 
 The Commissioners of the New Capitol, in pursuance of an act of 
 the Legislature, have caused the additional land, deemed requisite 
 for the building, to be taken by appraisement. The jury of apprais- 
 al, selected under the proceedings in the Supreme Court, was com- 
 posed of citizens of the highest respectability, and their awards are 
 unquestioned. Plans for the building have been adopted, and 
 contracts for part of the material for its foundation have been au- 
 thorized. The site of the building has been fixed upon. I trust 
 there will be no delay in the progress of this work, and recommend 
 Such legislation, with reference to it, as may be necessary. 
 
 QxrARANTINB AND PXJBLIC HeAIiTH. 
 
 The past year has been one of more than ordinary exemption from 
 imported disease. This has arisen rather from natural causes than 
 from any increase of our facilities for warding off its approach. 
 The State has long rested under the charge of having enacted strin- 
 gent laws for the protection of her citizens from the introduction of 
 pestilence through her chief commercial port, without having pro- 
 vided proper means for their execution. With a commerce which 
 extends to almost every clime, and with a tide of immigration which 
 yearly adds hundreds of thousands to our population, we are con- 
 stantly exposed to the introduction of infectious diseases. The 
 Legislature early appreciated the necessity of guarding against this 
 danger, but the mode by which it could be accomplished was sur- 
 rounded with difficulties which checked, and for a while defeated, 
 appropriate legislation. It is believed, however, that when the 
 ^leasures authorized by existing laws shall have been perfected, the. 
 
20 Messages of Gov. Hoffman. 
 
 State will no longer rest under the reproach of imposing duties upon 
 its officers which it has left them, in a measure, powerless to exe- 
 cute. 
 
 At the session of 1866 an act was passed constituting the Com- 
 missioners of Quarantine and the Mayors of the cities of New York 
 and Brooklyn a Board of Commissioners to perform certain duties, 
 among which was the erection of a structure on West Bank, in the 
 lower bay of New York, to be used for a quarantine hospital. Pur- 
 suant thereto, the Board, in the month of August of that year, 
 awarded the contract for the erection of the structure ; but they 
 were delayed by an injunction from executing the contract until the 
 11th of September following. Owing to this delay, it was not until 
 the 14th of January, 1867, that the first crib-work, which was to 
 constitute the foundation of the structure, was sunk in its proper 
 position. The inclemency of the weather soon after compelled the 
 emporary suspension of the work, but it was resumed, and^rom time 
 o time prosecuted as the elements permitted, until the foundation 
 was completed. It is now considered to be in proper condition for 
 the erection of the buildings thereon, and it is probable that these 
 will be finished during the present season. 
 
 The erection of this structure was regarded as a very doubtful 
 experiment by many who believe that the first attempt would de- 
 monstrate its impracticability at so exposed a point in the waters of 
 the bay. But I am advised by competent judges that its success 
 can no longer be considered problematical. 
 
 In performing the duties enjoined upon them, the Board found 
 themselves embarrassed by the restrictions of the act by which they 
 were created. It authorized them to enter into a contract for the 
 erection of the structure, but, in terms, gave them no power to 
 modify it or to guard against emergencies or to make alterations 
 which might prove to be necessary in the progress of the work. A 
 recent and severe storm has tested the strenght of the structure more 
 thoroughly than it had before been tried. It stood the test ; never- 
 theless, I would suggest that an addition to the rip-rap should be 
 made for still further security. 
 
 In view of doubts existing as to the powers of the Board, I re- 
 commend such legislation as may be necessary to enable them to ac- 
 complish their work. 
 
 By an act passed at the session of 1868, the same Board was 
 authorized to erect another structure on West Bank, to be used for 
 a boarding station for quarantine purposes. Pursuant to that act 
 they have entered into a contract and I am advised that the work 
 
Messages of Gov. Hoffman. 21 
 
 is now in successful progress. Only fifty thousand dollars ($50,000) 
 was appropriated by the act, but it was generally supposed that a sum 
 of fifty thousand dollars ($50,000) which had been appropriated in 
 the Supply Bill of 1867, for the erection of a place for the tempsrary 
 detention of passengers under quarantine, could be applied to this 
 purpose. A doubt, however, has been suggested, whether the act 
 of 1867 is not, in this respect, wholly superseded by a subsequent 
 enactment. I respectfully recommend whatever legislation may be 
 necessary to complete this work, so essential to the due administra- 
 tion of our quarantine system. 
 
 The report of the Commissioners, which will be laid before you, 
 will contain the statistics in reference to diseases treated under 
 quarantine during the past year. 
 
 Cattle Disease 
 
 During the past summer a contagious disease, known as the Texas 
 cattle disease, made its appearance in the Western States, and 
 measures were immediately adopted by the Commissioners appointed 
 for the purpose to prevent its introduction into our State. These 
 measures, I am happy to say, proved so successful that but few 
 animals died of the disease, and in every instance it was confined to 
 the farms on which it originally appeared. A full report will be 
 presented to the Legislature at an early day. It is estimated that 
 within this State there are twelve hundred thousand (1,200,000) 
 cattle, the annual value of their products being upward of twenty- 
 four million of dollars ($24,000,000) . The protection of this source 
 of wealth is a matter of so much importance to our agricultural 
 population, as to merit the continued attention of the Legislature. 
 I am informed that the act for the prevention of infectious diseases 
 among cattle, passed April 20, 1866, needs amendment in order to 
 enable the Commissioners to act with the efficiency necessary to 
 secure the objects of the law. I recommend the subject to the 
 careful consideration of the Legislature. 
 
 Immigration. 
 
 During the past year the number of alien immigrants landed at 
 port of New York, was 213, 708, showing a decrease from 1867, of 
 29,023. This decrease may be attriJauted to the still unsettled con- 
 dition of political affairs, and the competition of other States, which, 
 in order to attract immigration to themselves, have established 
 direct steam communication with European countries. The Com- 
 
22 Messages of Gov. Hoffman. 
 
 missioners of Emigration during the past year have improved the lands 
 and buildings and the facilities for caring for the sick and destitute 
 on Ward's Island. They have also established a labor exchange in 
 connection with the landing" depots at Castle Garden, by means of 
 which they have been enabled to supply the demand for labor from 
 various parts of the country, and to secure immediate employment 
 for many immigrants. Over thirty thousand orders for male and 
 female immigrant labor have been filled from this bureau of the 
 department. For more detailed accounts of the workings of the 
 Emigrant Commission, you are respectfully referred to their annual 
 report, which will shortly be communicated to you. 
 
 For information in regard to the various other commissions in 
 the Metropolitan district, and other district commissions and boards 
 in the State, I respectfully refer you to the several reports, which 
 will be duly transmitted. 
 
 Civil and Criminal Codes, &o. 
 
 The codes prepared by the two commissions organized under the 
 Constitution have heretofore been presented to the Legislature. 
 The Practice Commission, created pursuant to the twenty-fourth 
 section of the sixth article, has reported codes of civil and criminal 
 procedure ; and the Code Commission, created pursuant to the 
 seventeenth section of the first article, has reported civil, penal and 
 political codes. A book of forms has also been prepared, adapted 
 to the code of civil procedure. These volumes were designed to 
 lay before the people, in a concise and systematic form, the whole 
 body of the law, common and statutory, with formulas for general 
 use. Much labor has been expended by the Commissioners upon 
 their work, which has commanded considerable public attention. 
 The code of civil procedure has been, to a great extent, adopted by 
 sixteen states and territories ; the code of criminal procedure by ten 
 of them, and the civil and penal code, the last reported, has been 
 adopted by two of the territories. In view of the great importance 
 attached to the subjects embraced in these various reports, I com- 
 mend them to your early consideration. 
 
 If they do not command the approval of the Legislature, I respect- 
 fully suggest the propriety of prompt action to secure a new revision 
 of the statutes of the State, as well as an immediate reform in our 
 criminal laws. 
 
 I particularly recommend that provision be made by statute that 
 in all cases of murder, where the degree of premeditation or the 
 
Messages op Gov. Hoffman. 23 
 
 circumstances attending the homicide do not, in the opinion of the 
 jury, justify punishment by death, they may render a verdict of 
 murder of a less degree, to be punished by imprisonment for a 
 term of years, the maximum of which shall be fixed by law. . 
 
 Metropolitan Disteiots and Commissions. 
 
 The Constitution of the State, in terms, recognizes for the pur- 
 poses of local government, counties, cities, towns and villages, and 
 no other territorial divisions. It directs that all officers, whose ap- 
 pointment is not provided for by it, shall be elected by the electors 
 or appointed by the authorities of the locality within which their 
 powers are to be exercised, distinctly recognizing the right of electors 
 in local communities to chose their own officers, and, as they bear 
 their own burdens, to administer their own affairs. The plain spirit 
 of the Constitution has been clearly violated in the creation by the 
 Legislature of other geographical divisions than those fixed and 
 established by the organic law. It is true the highest court of the 
 State, by a bare majority vote, held this legislation valid; but it 
 has, nevertheless, been very generally admitted to have been a 
 partisan contrivance for pbwer, and if not an open violation, at least 
 an evasion of the Constitution. One of these districts, called the 
 Metropolitan District, embraces the counties of New York, Kings, 
 Westchester and Richmond. The people of these counties and of the 
 eities of New York and Brooklyn, have thus been deprived of the 
 right of managing their own local affairs in many important particu- 
 lars, especially with reference to matters of health, police, and 
 excise ; and these interests have been committed to officers appointed 
 by State authority, who do not represent the majority of the inhabit- 
 ants of the respective counties. 
 
 The effect has been, virtually, to give to the political minority in 
 these districts the power of governing the majority. This never 
 was contemplated by the framers of the Constitution, whose mani- 
 fest intention was that power and responsibility should go together. 
 I unhesitatingly recommend the repeal of all laws creating these 
 district commissions, and the restoration to the people of every county 
 and city in the State of the constitutional power to regulate and 
 manage their own local affairs. Whatever theory may have been 
 advanced originally in regard to the necessity of these commissions, 
 the fact is indisputable that they have been established only over 
 localities and communities which were not in political sympathy 
 with the dominant party in the Legislature. I recommend the 
 
24 Messages of Gov. Hoffman. 
 
 repeal, not only because the legislation to which I object is a usurpa- 
 tion of power and an evasion of the Constitution, but also because 
 the commissions themselves have been to a great extent partisan in 
 their character and conduct, and because the majority of the people 
 in the respective districts have had no effective representation in 
 them : and these commissions being controlled by authority foreign 
 to the communities in which they exist, and owing no responsibility 
 to the people governed, have been administered without regard to 
 popular rights. 
 
 Municipal Government. 
 
 Questions relating to municipal government in our great cities 
 have immediate connection with the subject to which I have just 
 referred. It is a favorite theory with some that the people of such 
 cities cannot safely be intrusted with the management of their own 
 affairs, and that the State at large is so directly interested in their 
 good government that it should assume entire control over them. 
 No man can assent to this without admitting that our republican 
 form of government is a failure. About one-half of the population 
 of the State reside within the limits of cities ; and this theory, if 
 true, would necessarily lead to the conclusion that one-half of our 
 people are unfit to exercise the duties and enjoy the privileges which 
 pertain to the citizens of a free government. 
 
 In the city of New York, which may properly be selected as an 
 illustration of my views, the advocates of this false doctrine have, 
 for many years, had an opportunity to try their experiment. They 
 are themselves to-day forced to admit that it has resulted in a failure. 
 The Mayor of the city, its chief magistrate, to whom the people 
 naturally look for a redress of grievances, is deprived of nearly all 
 the powers which properly belong to the executive. There is no 
 department in the city government which is not independent of him 
 and which does not dispense more patronage and exercise more 
 power than he. The Departments of Police, Health, Excise, Public 
 Charities, and Fire, are controlled and directed by separate and 
 distinct commissions, acting independently of each other and of the 
 Mayor. He has no voice in any of these. He can issue no order 
 to any of them. He can call none of them to account. There is 
 no connection between them and the common council of the city, 
 nor between them and the departments proper of the municipal 
 government, although the local authorities are compelled to raise 
 money for their support and maintenance. The result is, as must 
 
Messages of Gov. Hoffman. 25 
 
 always be expected in any government so made up and to which 
 there is practically no executive head, confusion, clashing interests, 
 want of harmony, absence of responsibility, extravagance, waste, and 
 general inefficiency. I no not intend to be understood as saying 
 that there are not many things well done ; but I affirm that this 
 system, or rather want of system, and this conflict of authority and 
 responsibility, have failed to produce good local government. 
 Among the various commissions the one which has, perhaps, accom- 
 plished the most satisfactory results, is the Commission of Public 
 Charities and Corrections, the members of which are appointed by 
 local authority. It has always remained since its creation entirely 
 non-partisan. Its administration has commanded general approval. 
 These facts of themselves afford abundant proof that there is not 
 now, and never was, any necessity or justification for the interfer- 
 ence by the Legislature with the plain constitutional right of the 
 people of the city to regulate and manage their own local affairs. 
 
 About one-half the amount raised by tax within the city is dis- 
 bursed by the independent commissions referred to, whose expendi- 
 tures are subject to no adequate supervision, and who have practi- 
 cally no responsibility. One of the most certain means of correcting 
 misgovernment is direct responsibility to the people, who, through 
 the ballot-box, have summary power of redress. It is the right of 
 the people of that city, as it is the right of the people of all other 
 parts of the State, that they should not be taxed without represent- 
 ation, as well as that the officials placed over them should recognize 
 their direct accountability to the popular judgment. When officers 
 placed over the people, by legislative action, expend money or 
 incur responsibility, they do not consider the constituency who pay 
 the bills. They regard themselves as invested with authority by 
 partisan influences from other parts of the State, to secure political 
 ends, and, whether they are faithful or inefficient, prudent or 
 reckless and corrupt in expenditures, just or arbitrary and op- 
 pressive, they are apt to believe their party will sustain them as 
 a matter of party necessity. 
 
 Experience proves that such officials, imposed, for partisan objects, 
 to usurp power for the minority, consider that a harsh and imperious 
 disregard of the rights of the majority is likely to commend them to 
 those in other parts of the State to whom alone they owe allegiance. 
 This feeling on the part of the superior officers soon infuses itself 
 among the subordinates. The result is that the government becomes 
 an inconsiderate tyranny rather than a temperate and responsible ex- 
 4 
 
26 Messages of Gov. Hoffman. 
 
 ercise of authority. If this were otherwise, and the people were not 
 taxed and governed without any right of redress, every dollar paid 
 for taxation would draw with it direct responsibility, and every officer 
 would feel himself at all times on trial for his public acts. No party 
 could long maintain local ascendency which did not nominate the 
 best men for office ; and did not, by economy and good government, 
 make their control of affairs consistent with the interests of the 
 people. 
 
 These considerations are applicable, not alone to the cities of New 
 York and Brooklyn, but to all other cities in the State, which have 
 been brought under the operation of laws establishing district com- 
 missions. 
 
 I deem it my duty in this, my first annual message, to give decided 
 expression to my opinion that no good government can be secured 
 to any great city unless it shall have one responsible head, in whom 
 shall be vested all executive power, and to whom, as the elected re- 
 presentative of the people, all departments, charged with executive 
 duties, shall be directly and summarily responsible and accountable. 
 
 If, with this as the fundamental idea, a plan shall be devised wnich 
 will give to the political minority within a city a just representation 
 in its councils, we shall, doubtless, secure better results in municipal 
 government than have ever before been attained. 
 
 I respectfully call the attention of the Legislature to another sub- 
 ject in which the people of the city of New York have and feel a deep 
 interest. The commercial needs of the metropolis demand that there 
 should be some speedy and wise legislation with reference to its 
 wharves and piers. They should be constructed after the very best 
 plan for making them convenient, adequate, and enduring. The 
 work should be commenced as soon as possible. 
 
 The question of probable cost is of but little importance. The city 
 can well afford to pay whatever may be necessary to perfect the work ; 
 when completed it would, by the aid of proper legislation in relation 
 to wharfage, yield a revenue sufficient to pay the interest on the ex- 
 penditure, and to create a sinking fund for the speedy extinguish- 
 ment of the debt incurred in the construction. It is not necessary 
 that 1 should commit myself to any particular form of legislation for 
 the accomplishment of this result, but I would respectfully recom- 
 mend, by way of suggestion, that if it should be deemed impossible 
 to mature a plan during the present session, the Mayor of the city 
 of New York be authorized to appoint a board, with authority to 
 examine the whole subject, and to report to the next Legislature, for 
 its consideration, a plan of the proposed work, with an estimate of 
 
Messages of Gov. Hoffman. 27 
 
 its probable cost, and such suggestions, with reference thereto, as 
 they may deem proper. 
 
 The Excise Law in the Meteopolitan District. 
 
 The excise law which is in force throughout the Metropolitan dis- 
 trict, excepting only in the county of Westchester (which was, for 
 some reason, exempted by the Legislature from its operation), violates 
 principles involving rights of individuals and communities. It con- 
 fers upon the Excise Board created by the Legislature, and deriving 
 none of its authority from the people in the district, extraordinary 
 and arbitary powers ; and contains, in my judgment, many harsh 
 and unwise provisions. If the objects of its enactment were to 
 diminish the amount of intemperance, and to lessen the consumption 
 of intoxicating liquors, these objects have not been attained. At 
 the same time, this law has been executed and enforced in an arbi- 
 trary, despotic and intemperate manner, and in a spirit which has 
 created great dissatisfaction even among many who were its original 
 supporters ; while large numbers of sober, temperate, industrious 
 and law abiding citizens feel that they are oppressed by its onerous 
 exactions and requirements. No one deplores more than I do the 
 evils of intemperance; but they are not local, are not' confined to 
 any section or district, and if they can be checked or modified by 
 legislation, the remedy can only be secured by the operation of 
 general laws. There is no reason, in myjudgment, why the whole, 
 or any portion of the Metropolitan district, should be subjected to 
 an excise law difiierent from that applied to other parts of the State. 
 All such laws should be universal in application, and should have 
 for their object, not the enforcement of extreme and arbitrary views, 
 but the encouragement of good habits and the preservation of pub- 
 lic order. The present law needlessly violates private rights. It 
 provokes hostility because it does so, and because it is administered 
 harshly by partisan officers. I therefore recommend its repeal, so 
 that we may have but one law for the whole State, to be administered, 
 whether in counties or in cities, by the legally constituted local 
 authorities thereof, or by officers to be appointed by them. Such a 
 law would command universal respect and general obedience. 
 
 Purity op Elections. 
 
 Every means should be adopted by which the electors may have 
 secured to them freedom from intimidation or corrupt influences in 
 the exercise of the elective franchise — the highest privilege of a 
 
28 Messages of Gov. Hoffman. 
 
 citizen. It cannot be denied that wealth, by its lavish expenditure 
 to control elections, is fast becoming more influential than abilities 
 and public service, to obtain political power and official station. It 
 is not unusual to hear the claims of public men asserted in pro- 
 portion to the pecuniary contributions which they make to party 
 funds in amounts which obviously cannot be required or used for 
 the legitimate purposes of an election. It is one of the startling 
 evils of the times, that nominations to important offices are sought 
 by and given to men of vast wealth, not because of their capacity 
 and qualifications, but in order that their money may be used to 
 accomplish success. The dangers arising and to be apprehended 
 from this condition of things are manifold. Officials are taught 
 that money, however acquired, is the passport to office and authority; 
 electors are corrupted, and a power is built up, founded on the pos- 
 session of riches and their corrupt use, tending to the subversion of 
 the rights and liberties of the people, and the destruction of the 
 principles of our government. As one result of this growing ten- 
 dency of moneyed influences to assert an exclusiveness of class, and 
 a superior domination, sectional and class legislation has been adopted 
 of late years to control, even in regard to suffrage, large communi- 
 ties by special laws not applicable to other parts of the State Be- 
 fore the law all men are equal, and never more so than when in the 
 performance of their right and duty of voting to sustain principles, 
 and to elect their j-epresentatives. Laws to provide regulations and 
 restrictions in regard to elections should apply to all citizens and to 
 all sections alike. The laws to preserve the purity of the ballot-box 
 and to prevent the corrupt use of money in elections should be gen- 
 eral, stringent and rigorously enforced. In my judgment there 
 should be one registry law for the whole State, imposing equal con- 
 ditions and restrictions everywhere, and it should be the aim thereof 
 to secure to every citizen his right of suffrage, free from intimida- 
 tion, corruption, or onerous exactions ; while the corrupt use of 
 money in elections should be severely punished, and every guaranty 
 established by which illegal voting may be prevented. 
 
 Federal Centralization. 
 
 In this connection it may not be improper to allude to the fact 
 that there is a manifest disposition in some quarters to encourage a 
 movement to vest in Congress the control and regulation of suffrage 
 in all the States. This is another step in the direction of cen- 
 tralized power in the Grenoral Government — a power to control elec- 
 
Messages of Gov. Hoffman. 29 
 
 tions — which would enable dangerous and unscrupulous men, who 
 might obtain possession of the National administration, to hold it 
 indefinitely, even against the real will of the people. It is very 
 certain that purity of elections in States cannot be secured by trans- 
 ferring the direction or control of them to the authorities at Wash- 
 ington. There can be no purity in the General Government unless 
 it exists first in the States and in the people. The founders of our 
 Government never contemplated the interference of Congress in 
 this matter. They expressly guarded against it. 
 
 By the Federal Constitution " the times, places and manner " of 
 holding elections for Senators and Representatives are required to 
 be prescribed in each State by the Legislature thereof; but it is 
 provided that Congress may at any time make or alter such regula- 
 tions except as to the places of choosing Senators. This authority 
 to prescribe regulations as to " the time, places and manner " of 
 holding elections, was contested at the adoption of the Constitution 
 as vesting in Congress too great a power, which might be exercised 
 so as to defeat the just rights of the States to representation — but 
 it was argued that it was a power which never was intended to be, 
 and probably never would be employed, except when the States might 
 attempt to break up the government by not sending representatives, 
 and then only for national self-preservation. But the question of 
 suffrage was wisely put beyond the control of Congress,- and it was 
 provided that '' the electors in each State shall have the qualifica- 
 tion requisite for electors of the most numerous branch of the 
 State Legislature." This settlement of the right of sufi^rage was 
 regarded " as a fundamental article of republican government." 
 The question of suffrage is thus withdrawn from the capricious or 
 more dangerous interference of Congress. It is not left to Legisla- 
 tive discretion in the States, but is fixed by the State Constitutions, 
 and here, I think, every refieoting mind will conclude that it may 
 be wisely and safely left. 
 
 Naturalization and Citizenship. 
 
 There is also a disposition manifested to place obstacles in the 
 way of the naturalization of citizens. While in the southern States 
 the right of free and unrestricted sufi"rage has been suddenly con- 
 ferred upon large masses of men, who have never before exercised 
 it, or discharged any other of the duties of citizen, it is now sug- 
 gested that new restrictions be imposed upon the enjoyment of this 
 high privilege by immigrants who seek to be clothed with the rights 
 
30 Messages op Gov. Hoffman. 
 
 of American citizenship. Movements have been already made 
 for depriving tlie State courts of the power of naturalization, and to 
 confer this power exclusively upon the courts of the United States, 
 and upon commissioners to be appointed by Congress. It would be 
 impossible for the judges of the United States courts, by reason of 
 the pressure of their judicial duties and the few places in the country 
 at which the sessions of their courts are held, to extend the neces- 
 sary facilities to those entitled to become citizens. The whole busi- 
 ness would necessarily devolve upon the partisan commissioners 
 created by Congress, holding no responsible official relation to the 
 judiciary of the country or of the States. Thus naturalization 
 would become more a matter of favor than of right. The power is 
 now exercised by judges in the different States representing all 
 shades of political faiih, and if there be any abuses now they can be 
 remedied under the existing jurisdiction, and they are far less than 
 those which would result from the transfer of this power to any 
 body of officials not chosen for their judicial qualifications, not ex- 
 ercising judicial functions in other matters, ahd created by one cen- 
 tral authority representing necessarily a political party. These 
 movements indicate a tendency on the part of their supporters to 
 obstruct and hinder naturalization, and thus to discourage the 
 renunciation, by men from other countries, of their allegiance to 
 foreign governments in order to become faithful citizens of our 
 own. Can this policy be a wise one ? All good citizens will cer- 
 tainly favor such legislation as may be necessary to check or to 
 punish frauds in naturalization. But the interests of our State and 
 country, peopled from their origin by and owing so much of their 
 greatness to men of foreign birth, and to which the tide of immi- 
 gration so incessantly and rapidly flows, demand that additional 
 rather than diminished facilities should be extended to all those of 
 good moral character and of undoubted devotion to our institutions, 
 who, having chosen their homes among us, desire to assume the 
 duties and responsibilities of citizens. 
 
 We must not forget that during the late war, when our country 
 needed them to fight the battles of the Union, we extended to them 
 the privileges of citizenship after one year's service and an honora- 
 ble discharge, as one of the rewards for their fidelity to the govern- 
 ment. Now, in the time of peace, their services are quite as valuable 
 in developing the resources of our new territories and of the Southern 
 States, and in assisting, by their industry and toil, to work out a 
 practical solution of the great problem of reconstruction ; and every 
 inducement should be extended to them. 
 
Messages of Gov. Hoffman. 31 
 
 Conclusion. 
 
 Few questions of principle or policy will be presented for your 
 consideration, towards the decision of which precedent or experi- 
 ence will not furnish you an accurate guide, or at least effective 
 aid. We need only, to the discharge of our trusts in our respective 
 departments, grave, responsible and numerous as they are, an 
 earnest spirit, a constant and vigilant regard for the public interests, 
 and an unceasing watchfulness in maintaining the integrity, honor 
 and dignity of the State. With these we can not fail to meet the 
 just expectations of the people. 
 
 But beyond the limits of our jurisdiction, there are questions and 
 principles of far wider significance than those which engage our 
 official consideration ; which appeal to us as citizens of a common 
 country; which press upon the people in the form of unequal re- 
 sponsibilities ; and in which we all have a deep and abiding interest. 
 I allude to the national issues which await solution. I do not in- 
 tend to refer to them in a partisan spirit, or to discuss them at 
 length. These issues have presented new and difficult questions of 
 government, of finance and taxation, resulting from the rebellion, 
 and we are without guides in previous history, to lead us to their 
 determination. Nearly four years have elapsed since the close of 
 the rebellion, and the Federal authorities have had unrestricted 
 power to re-establish civil government in the States rescued from 
 sedition, and restore to their people peace and the motives to in- 
 dustry ; and yet how little has been done towards these ends ! 
 
 Had they been attained, the South would now be enabled to 
 bear its share of the taxation entailed by the war, and the North 
 relieved of its unequal responsibility, while the whole country, re- 
 suming its former commercial relations, would be so far advanced 
 in prosperity and power that in a few years our financial troubles 
 would cease to be the subject of anxiety. Instead of securing these 
 results, Congress has directed its efforts to the suppression of repre- 
 sentation, and the subversion of republican government in States, 
 prolonging the subserviency of the civil to the military power, 
 and postponing the return of peace. The people, at the late 
 election, have chosen by their suffrage the Chief Magistrate, to 
 whose guidance they are willing to commit the destinies of the 
 country, and the settlement of the issues which disturb it. These 
 questions do not belong to party, but to the whole country ; and it 
 
32 Messages of Gov. Hoffman, 
 
 should be our earnest prayer that he wiio has been thus chosen 
 shall prove equal to the great trust with which he is charged. 
 
 Party organization must be kept up as the means of preserving 
 great principles and maintaining the integrity of the government 
 and the liberties of the people. The majority of the citizens of this 
 State who opposed the policy of the present dominant party in the 
 country and the election of its candidate for the presidency, adhere 
 firmly to their views of public policy, the adoption of which they 
 believe will afford the earliest and best settlement of the great ques- 
 tions which now distract us. They will, however, lay aside all 
 merely partisan considerations, and join in a common spirit of mag- 
 nanimity and patriotism in sustaining any administration of the 
 Federal government in every earnest effort which it shall make to 
 restore its credit, to maintain the public faith, to re-establish the 
 authority of the Constitution, to unite all our people in amity' and 
 concord, to give peace and prosperity to all sections of the Union, 
 and to assert, among nations, the honor of our flag and the rights 
 of those who claim its protection. 
 
 There is a spirit of party intolerance growing up which not only 
 arrays men in bitter political hostility, but which creates personal 
 hatred through mere differences of opinion. It follows the elected re- 
 presentatives of the people with detraction and misrepresentation, 
 and impairs their usefulness in the discharge of important trusts in- 
 volving the public welfare. I consider this a dangerous evil. 
 Public oflicers, both Federal and State, should be judged by and 
 held responsible for their acts, and not prejudged by clamor 
 and party intolerance ; nor should they be intimidated by either. 
 My duty is defined by the oath I have taken to execute the 
 laws of this State and to support its Constitution and the Con- 
 stitution of the United States. I shall endeavor to do it faith- 
 fully; and while I shall uphold and maintain the political doctrines 
 and principles to which I am devoted, and assert and defend the 
 rights of the State and of the people whose representative I am, 
 I will, as the Executive of this State, support the Executive of the 
 United States in every exercise of rightful authority, and in every 
 patriotic effort for the welfare of our common country. The people 
 will approve. War no longer claims offerings of lives and treasures ; 
 peace now demands the sacrifice of predjudices and passion. 
 
 JOHN T. HOFFMAN- 
 
SPECIAL MESSAGES, 
 
 State op New Toek, Executive Chamber, 1 
 Albany, April 1, 1869. J 
 
 To THE Legislature : 
 
 I respectfully call your attention to the necessity of some legisla- 
 tion, during the present session, with a view to providing, as soon 
 and as far as possible, a remedy for the evils which arise from the 
 over-crowded condition of our State Prisons. 
 
 The number of convicts in the State, it is said, has more than 
 doubled since the year 1850. Since the close of the war there has 
 been a great increase of prison commitments, and to day all our 
 prisons are more than full. 
 
 The population of the State is rapidly increasing, and no argument 
 is required to show that the necessities of the State will demand, and 
 that very soon, increased prison accommodations. These accommo- 
 dations can only be furnished by an enlargement of the prisons already 
 built, or by the erection of a new one. 
 
 Experience has shown clearly, that the crowding of large numbers 
 of convicts in any one prison, is prejudicial, alike to the discipline 
 of the institution, and the pecuniary interests of the State. 
 
 In my judgment, the existing prisons should not be enlarged ; but 
 speedy provision should be made for the proper selection of a prison 
 site, and the erection of a new prison thereon. I need not enter 
 into an argument in support of this recommendation. I respectfully 
 refer you to the report of the special committee appointed by the 
 Legislature during the last session, and to the suggestions of the 
 Prison Association. 
 
 In my annual message, I called attention to the evils and errors 
 which exist in our prison system. I trust that in any new prison 
 which shall be erected, important changes may be inaugurated ; I 
 would suggest the propriety of making it a State penitentiary rather 
 than a State prison, with a view to its being a place for reformation 
 as well as for punishment ; and one to which the least hardened 
 of condemned men might be consigned. 
 
 The demand for greater prison accomodation, and better prison 
 management, is growing and must be met. The fact that the pri- 
 sons which we have now, are great pecuniary burdens upon the State, 
 will not excuse us from providing new ones. With increased pop- 
 5 
 
34 Messages of Gov. Hoffmajst. 
 
 ulation we must expect an increased number of criminals, and prisons 
 must be made for them. 
 
 Without further enlarging upon these suggestions, I strongly 
 recommend now the appointment of a commission, either by the 
 Legislature or by the executive, to select a site for a new prison, 
 subject to the approval of the Legislature; which commission shall 
 also report a j)lan for the construction of the building, with estimates 
 of the cost, and shall make such suggestions as to the character and 
 management of the prison, when built, as they may deem wise. 
 
 As the action of the commission will be subject to future legisla- 
 tive approval, and as the expenses incident to it will be nominal, I 
 think there can be no objection to the passing of a law to carry out 
 the suggestions here made. 
 
 JOHN T. HOFFMAN. 
 
 State of New York, Executive Chamber. \ 
 Albany, April 13, 1869. j 
 To THE Legislature. 
 
 I respectfully call the attention of the Legislature to the necessity 
 and propriety of making the proper appropriation for the support 
 of the Soldiers' Home, located in Albany. 
 
 It has been in existence for several years, and a£fords a retreat for 
 those sick and disabled soldiers of the recent war who belonged to 
 the State of New York, and are now unable to provide for themselves. 
 
 The number of inmates varies at different seasons. There are 
 now more than three hundred, all more or less disabled by wounds 
 or suffering from disease contracted when in the army. More than 
 one hundred are now treated as hospital eases, some of them being 
 too feeble to be removed. 
 
 The National Asylum for " disabled volunteer soldiers," has now 
 established three permanent Homes — one in Wisconsin, one in 
 Ohio and one in Maine,"and notice has been given that this Asylum 
 is ready to receive, at any of those places, every disabled soldier 
 now at the Albany Home, who has any claims because of " total dis- 
 ability." I do not understand the notice to include those who are 
 only temporarily prostrated by wounds or disease. I learn, how- 
 ever, that the fact that the notice has been given, has created some 
 doubt and hesitation in the minds of some of the members of the 
 Legislature about continuing the appropriation for the support of 
 our own Home. 
 
Messages of Q-ov. Hoffman. 35 
 
 I feel it my duty to state the facts, and to suggest that it would 
 be well for as many of the members of the Legislature as may find 
 it convenient, to visit and inspect the Albany Home, with the 
 view of determining what answer shall be made to the followng 
 questions which I respectfully submit for consideration : 
 
 First : Shall the home at Albany be suddenly closed, and the 
 disabled New York soldiers be turned away and compelled to seek 
 a retreat in Maine, Ohio or Wisconsin ? 
 
 Second : If it is to be closed, what shall be done with those who 
 are too feeble to be removed to those distant points, and what ap- 
 propriation shall be made to pay for the transportation of those who 
 are willing and able to go ? 
 
 The responsibility of answering these questions rests with the 
 Legislature ; but I respectfully recommend, that the necessary ap- 
 propriation for the support of the Home for the current year 
 may be made, so that it shall not be abruptly broken up. The necessity 
 for its continuance will gradually diminish. 
 
 Every year will show a diminution in the number of disabled men 
 who will ask our aid, but it should be given while it is needed. 
 
 New York owes it to the soldiers she sent to the war, that they 
 should not be compelled, in their distress, to seek a refuge beyond 
 her own borders. 
 
 JOHN T. HOFFMAN. 
 
VETO MESSAGES OF GOVERNOR HOFFMAK", IN 
 THE YEAR 1869. 
 
 State of New York, Executive Chamber, ) 
 Albany, February 11, 1869. j 
 
 To THE Assembly : 
 
 1 return, without my signature, an act entitled " An act to au- 
 thorize the Trustees of the First Presbyterian Church and Society 
 of the Town of Perry to convey certain real estate," which was 
 passed in the Assembly January 14, 1869, and in the Senate Feb- 
 ruary 8, 1869. 
 
 No special legislation is necessary to attain the object of the bill. 
 The Legislature, long ago, very wisely provided by a general law 
 for such cases. It will be seen, by reference to that portion of our 
 Eevised Statutes which relates to religious corporations, that the 
 Supreme Court may, upon application, make an order for the sale 
 of any real estate belonging to such corporations, and direct the ap- 
 plication of the moneys arising therefrom to such uses as the court 
 may deem to be proper and for the interests of the society. 
 
 The wisdom of the Legislature in placing this power, by a general 
 enactment, in the Supreme Court, has never been doubted and need 
 not now be discussed. It may be convenient, in some instances, to 
 obtain authority directly from the Legislature for the sale of the 
 property of a church ; but it is always safer to refer the applicants 
 to the court, the rules and regulations of which provide for proper 
 and necessary inquiries into the merits of such application. 
 
 I am sorry to be compelled to interpose my veto in the ease of a 
 bill of so little apparent importance ; but I have long deplored the 
 fact that so many applications are made for special legislation in 
 cases which are or should be covered by general laws. These ap- 
 plications press heavily upon the valuable time of public men, and 
 add largely to the public expenses. They should be discountenanced 
 and discouraged. General laws should be passed to meet, as far as 
 possible, the requirements and wants of the people, and special leg- 
 islation should always be refused in cases which are already covered 
 by general enactments. 
 
 JOHN T. HOFFMAN. 
 
Messages of Gov. Hobeman. 37 
 
 Albany, February 17, 1869. 
 To THE Assembly : 
 
 I return, without my signature, ah act entitled " An act to amend 
 section one of chapter 404 of the Laws of 1868, relative to buildiSg 
 a bridge at Fort Covington." 
 
 The original act authorized the commissioners of highways of the 
 town to borrow three thousand dollars to be expended in rebuilding 
 a bridge across the Salmon river. The present bill increases the 
 amount to four thousand dollars. 
 
 By a general act passed April 3, 1849, entitled " An act to vest 
 in the board of supervisors certain legislative powers," &c., it was 
 provided among other things, that such boards in the several counties 
 of the State (except New York) might authorize any town in their 
 respective counties to borrow any sum, not exceeding four thousand 
 dollars in one year, to build or repair any roads or bridges in such 
 town, and prescribe the time for the payment of the same, which 
 time shall be within ten years and for assessing the principal and 
 interest thereof upon such town. 
 
 This general law renders any special legislation in regard to the 
 bridge at Fort Covington wholly unnecessary. The subject properly 
 belonged to the board of supervisors, which for such and certain 
 other purposes is the county legislature. 
 
 In a message which 1 communicated to the assembly on the 11th 
 inst., in returning a bill without my signature, I called attention to 
 the fact that applications for special legislation in cases covered by 
 general laws pressed heavily upon the valuable time of public men, 
 and increased largely the public expenses, and I suggested that special 
 legislation should always be refused in cases covered by general 
 enactments. 
 
 I feel it to be my duty to take every proper opportunity to urge 
 these views upon the consideration of the Legislature, and to do all 
 in my power to check an evil which has grown to be one of great 
 magnitude. 
 
 JOHN T. HOFFMAN. 
 
 Albany, February 23, 1869. 
 To THE Assembly ; 
 
 I return, without my signature, a bill entitled " An act to provide 
 for raising moneys for the payment of the improvements necessary 
 
'38 Messages of Gov. Hoffman. 
 
 to be made on the roads and bridges in the town of Ellicott, in the 
 county of Chautauqua." 
 
 The first section of this bill is identical in language with section 
 4, article 1, title 1, chapter 16, part 1 of the Eevised Statutes, which 
 is the general law defining the amount of money that the commis- 
 sioners of highways in the several towns of the State may call upon 
 the supervisors to cause to be levied in any one year for roads and 
 bridges, except that by the general law the amount is limited to two 
 hundred and fifty dollars, while by this bill it is increased to one - 
 thousand dollars in the town of Ellicott. It is simply a change in 
 this one point of the general law, limiting the benefit of the change, 
 if any, to one town in the State. 
 
 If this bill sought to provide for a temporary need of the town of 
 Ellicott it would be unnecessary, because, under the provisions of 
 another general law, viz., chapter 615 of the Laws of 1857, commis- 
 sioners of highways may now cause to be raised seven hundred and 
 fifty dollars in addition to the two hundred and fifty dollars above 
 mentioned, if they obtain the consent of the town meeting to such 
 increase. 
 
 The second section of the bill now under consideration provides 
 that chapter 615 of the Laws of 1857 shall still be in force as to the 
 town of Ellicott, so that the result of the bill, if it becomes a law, 
 will be that the commissioners of highways in the town of Ellicott 
 will hereafter exercise greater powers than those conferred on the 
 same class of officers in other towns. 
 
 I have little doubt that, with the growing desire and need for im- 
 provements in our roads and bridges throughout the State, and 
 especially in view of the large increase in the prices of labor and 
 material which has taken place, the sums provided to be raised by 
 the general laws referred to are, or soon will be, insufficient for the 
 average ordinary expenditures of commissioners of highways in many 
 towns in the State. 
 
 But I submit respectfully to the consideration of the Legislature, 
 that the remedy is not to be found in special laws, relieving first one 
 town and then another from the inconvenience, but in an amendment 
 to the existing general laws, so that any town in the State can take 
 advantage of it when necessary. This amendment may be made (if 
 in the judgment of the Legistature it is needed), either to the sec- 
 tion of the Revised Statutes to which I have referred, or to chapter 
 615 of the Laws of 1857. In either ease it would meet the object 
 sought to be attained by this particular bill, and would also relieve 
 the Legislature from the consideratioin of many special applications 
 
MjlSS4GES Of Gov. HOBFMAN. 39 
 
 hereafter, I Kave alreficjy, in tyio instsinoes, expressed to the As- 
 sembly my views in opposition to unnecessary special legislation, and 
 I need not repeat them. I regret the necessity which compels me 
 to make this communication, but I feel confident it will receive your 
 approval. 
 
 JOHN T. HOFFMAN. 
 
 Albany, March 8, 1869. 
 To THE Senate : 
 
 I return, without my signature, a bill entitled '' An act to provide 
 for filling vacancies in the office of Justice of the Peace in Lowville, 
 Jjewis County," which was passed by the Senate February 16, 1869, 
 and in the Assembly February 24, 1869. 
 
 There are general laws (see Revised Statutes and chapter 476 of 
 the Laws of 1859) providing for filling vacancies in the office of 
 justice of the peace throughout the State. 
 
 If the generallaws are defective the public interest demands that 
 they be amended. The time of the Legislature should not be occu- 
 pied, nor should the statute books be incumbered, with special acts 
 providing for filling such vacancies in particular towns. 
 
 Again: this bill devolves the power of appointment, in case of 
 vacancy, not upon any officers definitely described, but simply upon 
 " the board, as now provided by law.'' The general laws prescribe 
 that these vacancies shall. be filled by warrant, under the hands and 
 seals of certain town officers, or of a majority of them ; but these 
 officers are not constituted a '' board," nor recognized as a " board" 
 for such purpose. I call the attention of the Senate to this inaccu- 
 racy in the terms of the bill, because it afibrds an illustration of 
 the evils of special legislation. Careful examination is not given to 
 such bills, and the result is the frequent enactment of laws not only 
 unnecessary but ill-considered. 
 
 The bill also declares, among other things, that after wilful re- 
 fusal or neglect of duty, for the space of thirty days, by a justice of 
 the peace in Lowville, his office " shall be deemed vacant." It seems 
 to contemplate no trial or investigation. The Constitution provides 
 (article 6, section 17) that a justice can be removed from office only 
 after due notice, and an opportunity of being heard in his defence, 
 by such county, city, or State courts as may be designated by law, 
 for causes to be assigned in the order of removal. Until this legal 
 proceeding be consummated the office cannot, it appears to me, be 
 deemed vacant. 
 
40 Messages of Gov. Hoffman. 
 
 I object to the bill, therefore, not only because it proposes un- 
 necessary special legislation, but because it is, in my judgment, 
 unconstitutional. 
 
 JOHN T. HOFFMAN. 
 
 Albany, March 17, 1869. 
 To THE Senate : 
 
 I return, without my signature, a bill entitled •' An act to 
 authorize the appointment of a President pro tenvpore of the Board 
 of Metropolitan Police,'' which was passed in the Senate March 9, 
 1869, and in the Assembly March 12, 1869. 
 
 By the laws relating to the Metropolitan Police Board, certain 
 specified acts can be performed only by the President of the Board. 
 He has, I am informed, been unable for several months to discharge 
 his duties, and is now absent from the State. To meet the diffi- 
 culty caused by his sickness and absence, it is necessary that a new 
 President, or a President pro tempore, should be appointed, and to 
 that end this bill has been passed. 
 
 There are three commissioners besides the absent President, and 
 it will be perceived, by a reference to the phraseology of the bill, 
 that it requires the unanimous vote of the three, not only for the 
 adoption of a resolution appointing a President pro tenvpore, but of 
 any resolution whatever. 
 
 This is not right. When all the commissioners are present a 
 majority may adopt any resolution. When three only are capable 
 of attending to their duties, the power to defeat a resolution for 
 the appointment of a President ■pro tempore, or for any other 
 purpose, should not be given to one of them. 
 
 The Board can act only by resolution. If this bill becomes a law 
 any one of the three commissioners can prevent any order being made 
 affecting the acts and duties of the superintendent, the transfer or 
 detailment of patrolmen, the appointment of officers when vacancies 
 occur, or the dismissal of members of the force for neglect of duty 
 or misconduct. 
 
 The bill does not, therefore, meet the difficulty occasioned by the 
 absence of the President of the Board, by merely providing, as its 
 title indicates, for the appointment of a President pro tempore ; but 
 it adds to the embarrassments already existing by placing it in 
 the power of one commissioner to overrule his two associates on 
 
Messages of Gov. Hoffman. 41 
 
 every question, and, in effect, to control and direct (with the aid 
 of the superintendent) the whole machinery and business of the 
 Metropolitan Police Department. 
 
 JOHN T. HOFFMAN* 
 
 Albany, March 23, 1869. 
 To THE Assembly : 
 
 I return, without my signature, a bill entitled an " Act to 
 authorize the supervisor of the town of Addison, in the county of 
 Steuben, to borrow money to rebuild bridges in said town, and to 
 pledge the credit of the town for the repayment of the same." 
 
 This bill authorizes the supervisors of the town to borrow (with- 
 out the sanction of the town meeting or the board of supervisors, 
 as is required by the general laws where a less amount is to be 
 borrowed) a sum not to exceed six thousand dollars, for the pur- 
 pose of building two bridges in said town, and to issue bonds there- 
 for bearing seven per cent, interest. 
 
 It directs the board o( supervisors to levy the amount necessary 
 to pay the principal and interest of said bonds upon the taxable 
 inhabitants and property of the town. 
 
 It seems to have been passed upon the petition of a number of 
 the residents of the town, who represent that the bridges must 
 be rebuilt the ensuing year, and that the expense will be at least 
 five thousand dollars. 
 
 It is true that the amount provided for by this bill cannot be 
 raised by a loan in any one year and charged upon the town, under 
 the provisions of any existing general law. It is equally true, 
 however, that a very simple amendment to these general laws would 
 enable the board of supervisors, either with or without the conjoint 
 action of the town meeting, to do precisely what this bill authorizes 
 and directs ; or would, in case of a pressing emergency, as herein- 
 after suggested, enable the town authorities to do the same thing. 
 
 The bill, therefore, clearly belongs to that class of special laws to 
 which I have already, on several occasions, interposed my objections, 
 and to which I feel constrained to continue my unyielding opposi- 
 tion. My objections in this case may subject the people of Addison 
 to temporary inconvenience, but it is only under the pressure of 
 such inconvenience that we are likely to secure those amendments 
 to general laws which are demanded by the necessities of the people 
 all over the State. 
 
42 Messages os Gov. Hoffman. 
 
 The policy of the Slate has been for a long time to leave the whole 
 subject of repairing and building bridges (as well as other local im- 
 provements) in the hands of the electors and officers of the towns and 
 supervisors of the counties. This became established policy be- 
 cause of the numerous pressing applications upon the Legislature 
 for special laws. The statute books were filled with these special 
 enactments. Greneral laws were passed to cure the evil, but the 
 wants of the people of the towns having outgrown the provisions of 
 the general statutes, the pressure for special legislation was com- 
 menced anew and now continues. The interests of the State require 
 now that all necessary amendments shall be made at once to these 
 general laws, and that special legislation shall be refused (except in 
 very extraordinary cases), however great may be the temporary in- 
 convenience arising from such refusal. 
 
 The boards of supervisors are now authorized (see chapter 314 of 
 the Laws of 1838) to cause to be levied whatever sum may be ne- 
 cessary to repair or construct bridges, and to apportion the amount 
 among the several towns of the county, as shall seem to them to be 
 equitable and just. Under this act they probably cannot charge 
 the entire amount (as this special bill proposes) upon a single town. 
 
 The boards of supervisors are also permitted (see chapter 194) 
 Laws of 1848) to authorize any town, by a vote of the town meeting, 
 to borrow money not to exceed $4,000 in any one year, for the pur- 
 pose of building or repairing buildings. 
 
 I respectfully call the attention of the Legislature to the fact that 
 an amendment to either of these laws, giving to the boards of super- 
 visors greater discretionary powers, would accomplish for every town 
 in the State, when necessary, all that is sought for the town of 
 Addison by the special bill herewith returned (which is merely to 
 raise by a loan $6,000, instead of $4,000), and all that is at- 
 tempted to be secured by the great number of special bills intro- 
 duced at every session of the Legislature. 
 
 If it be alleged that there is a pressing necessity for the immediate 
 rebuilding of these bridges, by reason of injuries sustained since 
 the annual town meeting, and since the adjournment of the board 
 of supervisors, I call attention to the fact that provision has been 
 made by another general law for just such emergencies (see chapter 
 103, Laws of 1858, entitled " An act to provide for the speedy con- 
 struction of roads and bridges where the same have been damaged 
 or destroyed)." Under this general law the authorities in the 
 town of Addison can rebuild these bridges, and the expense thereof 
 can be levied upon the town. True, the money necessary for the 
 
Messages of Gov. Hoffman. 43 
 
 purpose cannot be raised by loan, as is provided by this special bill. 
 If, however, the Legislature deem it wise to authorize town officers 
 to raise money by loan for a term of years upon the bonds ot the 
 town, to meet such emergencies, then it is better, at once, to ame^nd 
 this general law of 1858, so that all the towns of the State may 
 have the benefit of the amendment. 
 
 My desire is that the duty and power of taking care of roads and 
 bridges, and other local improvements, shall rest with the people 
 and officers of the towns, and with the boards of supervisors. They 
 know their wants and the merits of the local measures better than 
 the Legislature can possibly know them, and the town officers and 
 supervisors are the best and most intelligent representatives of local 
 interests. 
 
 It is only by leaving these matters entirely in the hands of the 
 local authorities that the dangers of special legislation can be avoided. 
 In no other way can the Legislature be relieved from the pressure 
 of special applications, which interferes with the due consideration 
 of measures affecting the great general interests of the State at large. 
 
 JOHN T. HOFFMAN. 
 
 Albany, March 25, 1869. 
 To THE Senate : 
 
 I return, without my signature, a bill entitled " An act to incor- 
 porate the Excelsior Temple of Honor No. 23, of the city of Albany." 
 
 There is no necessity for this special bill. The provisions of the 
 general law of the State for the incorporation of benevolent and 
 charitable societies (see chapter 319 of the Laws of 1848, and 
 amendments thereto) are ample and sufficient for the purpose con- 
 templated. 
 
 The originators of this bill, I am informed, were under an impres- 
 sion that by one clause in the general law, secret societies were ex- 
 cluded from its operation ; but it will be seen, by reference to an 
 amendment made in 1861 (see chapter 239, Laws of 1861), that 
 this clause has been stricken from the law. 
 
 The number of Temples of Honor is increasing in this State, 
 and several special bills are already before the Legislature for their 
 incorporation. I therefore promptly return this one, in order to call 
 attention to the general laws under which these societies can be 
 readily organized. 
 
 JOHN T. HOFFMAN 
 
44 Messages of Gov. Hoffman. 
 
 Albany, AprU 6, 1869. 
 To THE Assembly : 
 
 I return, without my signature, a bill entitled " An act to incor- 
 porate the Kescue Hook and Ladder Company No. 1, in the village 
 of Bath," being Assembly bill No. 110. 
 
 The statute books contain, every year, a large number of special 
 acts for the incorporation of fire, hook and ladder, and hose com- 
 panies in incorporated villages. 
 
 This special legislation is unnecessary j chapter 151 of the Laws 
 of 1847, entitled " An act in relation to firemen in incorporated 
 villages," being a general law applicable to the whole State, makes 
 full provision for the organization of fire and hook and ladder com- 
 panies in all villages by the trustees thereof. 
 
 Public policy demands that these companies should be formed 
 under general laws, and be a part of or connected with the organized 
 government of the village and not independent of it. 
 
 JOHN T. HOFFMAN. 
 
 Albany, AprU 6, 1869. ' 
 To *HE Assembly : 
 
 1 return, vfithout my signature, Assembly bill No. 47, entitled 
 " An act to incorporate Ours Hose Company No. 4, of the city of 
 Elmira, in the county of Chemung." 
 
 Public policy demands that fire and hook and ladder and hose 
 companies in cities and villages should be connected with, and not 
 be independent of, the organized local government. 
 
 Special bills, like the one herewith returned, have been very 
 frequent in past years, and should be no longer encouraged. If 
 the Legislature deem it judicious to organize in cities, fire companies, 
 to be independent of the local governments, it will be better to pro- 
 vide therefor by amendments, if necessary, to existing general laws. ' 
 
 The charter of the city of Elmira makes ample provision for the 
 organization within the limits of the city, of fire, hook and ladder, 
 hose and axe companies, and this special law is, therefore, wholly 
 unnecessary. 
 
 JOHN T. HOFFMAN. 
 
Messages of Gov. Hoffman. 45 
 
 Albany, April 8, 1869. 
 To THE Assembly : • 
 
 I return, without my signature. Assembly Bill No. 236, entitled 
 " An act to authorize the annual town elections of the town of Sodus, 
 in the county of Wayne, to be held by election districts." 
 
 A bill, with similar provisions, affecting certain other towns, was 
 passed early in the. session and received my signature. Under the 
 impression that, in that instance, extraordinary circumstances, known 
 to the Legislature, made it difficult for all the people in the towns 
 named, to assemble in town meeting at one place in their respective 
 towns, I signed the bill with, probably, less consideration than was 
 due to it. 
 
 Applications for this privilege of voting for town officers in sepa- 
 rate election districts are becoming frequent. It is evident that 
 they are not confined to oases where it is inconvenient for some 
 portion of the people to reach the common place of meeting, but 
 that in many instances, this privilege is asked for where the old 
 method of all voting at one general town meeting is both practicable 
 and reasonably convenient. 
 
 The frequency of these applications brings up, it seems to me, 
 the question whether we are ready to give up the system of town 
 meetings as now established, for the sake of convenience, real or 
 supposed, of voting for town officers in separate districts. 
 
 Local governments of the same class should be, as far as possible, 
 uniform in character throughout the State. If the Legislature con- 
 tinues to grant these special applications, this desirable uniformity 
 will be lost, and we may soon have the town meeting, as of old 
 established, abandoned in many portions of the State and retained 
 in others ; for the town meeting is practically abandoned when the 
 town officers are elected at many polls instead of one. The polls 
 being opened at other places, the interest of the people in the pro- 
 ceedings of their town meeting will be greatly diminished, although 
 it may still be convened for certain purposes. 
 
 The most purely democratic of all our governments is the town 
 meeting. There the whole body of the people meet to deliberate 
 upon matters of common interest ; public questions of a local cha- 
 racter are discussed, every voter having the right to take a direct 
 part in the discussion ; local regulations of a public nature are 
 adopted ; money is appropriated ; taxes and sometimes borrowing 
 of money upon the credit of the community are sanctioned or re- 
 
46 Messages of Gov. Hoffman. 
 
 fused ; all this not through representatives, but by direct act of the 
 people at large there assembled. The town meeting is the legislature 
 of the town. It is, of course, not intended, by this bill, to do away 
 entirely with the town meeting;, this will still be assembled, for 
 certain purposes other than the election of town officers. The divi- 
 sion of the people into separate polling districts for the election of 
 town officers will tend to distract them from the general meeting, at 
 which a large popular attendance is desirable, in view of the im- 
 portant local questions which are often there determined. There 
 will be danger of matters of grave consequence being decided by a 
 very small proportion of the people interested. 
 
 If it be deemed wise to change the system of town meetings, now 
 established as a part of our machinery of self-government, I submit 
 that it should be done by a general law affecting all the towns alike. 
 A proposition to do this would excite general attention, and the Le- 
 gislature and the Executive would be aided in coming to a decision of 
 the question by the discussion of it among the people. A special 
 law, like this one, fails to excite such general attention. 
 
 It must be remembered, also, that if any town embraces within its 
 limits so much territory as to make its government by a general 
 meeting inconvenient, power now resides in the board of supervisors 
 to divide towns, to alter their boundaries, and to erect new towns. 
 
 I respectfully call attention also to the fact that this bill provides 
 for other matters which are not referred to in the title thereof, and 
 that, therefore, being a local bill, it violates section 16 of article 3 
 of the Constitution. 
 
 JOHN T. HOFFMAN. 
 
 Albany, April 14, 1869. 
 To THE Senate : 
 
 I return, without my signature, Senate bill No. 138, entitled " An 
 act to authorize the construction of a railroad in One Hundred and 
 Twenty-fifth street, and in certain other streets and avenues in the 
 city of New York." 
 
 This bill grants to ninety-six persons named in it, residents of 
 various parts of the StatCj-the privilege and franchise of constructing, 
 operating, and maintaining the railroad mentioned in its title, with- 
 out any limitation as to time, and without any consideration for the 
 grant, except that the grantees shall pay into the city treasury the 
 
Messages of Gov. Hoffman. 47 
 
 same license fees as are now paid by other city railroad companies 
 in the city of New York. 
 
 Only a portion of the city railway companies pay or are required 
 to pay a license fee. Some have been declared by the Court of Ap- 
 peals exempt from any such liability under the provisions of their 
 charters. Some pay fifty dollars a year for each car, and others less. 
 The requirement, therefore, of this bill to pay the same fees as are 
 paid by other companies may not impoge any condition, or mean any 
 thing as an obligation. But, however this may be, the license fee 
 is only a nominal charge, or nearly so, upon each car, as a matter of 
 police regulation, and it cannot be regarded as a compensation in any 
 sense for the value of the privileges granted. The bill, therefore, 
 as it comes before me, is a legislative grant to certain preferred in- 
 dividuals of a special license, privilege, and property, to be enjoyed 
 and used by them in the public streets of the city of New York, with- 
 out any compensation to the people of the State or city for its value. 
 I cannot concur in or give my sanction to any such act of legislation. 
 The argument has been presented to me that the streets in and 
 through which it is proposed to lay and operate this railroad are not 
 very important — that the travel thereon, other than that upon the 
 railroad, will not be great, and, therefore, that an exception should 
 or might be made to the rule which I have always advocated as rea- 
 sonable and just, that compensation for the privileges granted should 
 be required. I have also been referred to the example of my im- 
 mediate predecessor, Grovernor Fenton, who, while he refused to ap- 
 prove certain railroad grants, signed one last year (similar in 
 character to that now proposed), known as the " Avenue C Kailroad 
 Bill," which provided for the payment of the nominal sum of one 
 thousand dollars per annum, by the company, into the treasury of 
 the city of New York. 
 
 I have also been referred to the example of Governor Morgan, 
 
 who, in the year 1861, approved of what is known as the " Ninth 
 
 Avenue Kailroad Bill," while vetoing other bills of a like character. 
 
 I cannot, however,' allow this argument or these precedents to 
 
 control my action in regard to the bill now under consideration. 
 
 One Hundred and Twenty-fifth street is the chief thorough-fare 
 of the large and growing district, known as Harlem, in the northern 
 portion of New York island. If this railroad is required for the 
 convenience of the people of that section, the privileges granted by 
 the bill will constitute property of great and annually-increasing 
 value. If it is not required, the grant should not be made. The 
 questions which relate to the merits of all city railroad grants, and 
 
48 Messages oe Gov. Hofeman. 
 
 the terms and conditions upon which they should be made, are as 
 distinctly raised by this bill, therefore, as if its provisions applied to 
 the more densely populated sections o'f the city, and embraced a 
 larger number of more important and greatly travelled streets and 
 avenues. 
 
 I shall, therefore, as briefly as possible, present my views upon 
 the whole subject. 
 
 The precedents cited, established by my predecessors, can have 
 no weight with me, because the principles which I hold as controll- 
 ing, in regard to all these railroad grants, are not in their nature 
 changeable, to be applied, relaxed, or compromised on personal or 
 any other grounds. They are necessarily fixed and immutable. 
 
 I hold that these grants belong to the people ; that their value 
 should be paid into the treasury of the State or of the city of New 
 York ; and that the Legislature has not the right, in morals or justice, 
 to give them away to any individuals who may be selected for such 
 benefaction. 
 
 If the grant made by this bill, or by any one like it, is worth ten 
 thousand dollars per annum, the effect of the bill is to give that 
 sum annually to the grantees, for all future time, without considera- 
 tion. It seems to me that the simple statement of the proposition is 
 sufficient to show the unjustifiable character of the act. 
 
 All legislation should be founded on public reasons and be for 
 public benefit. Legislation is a " public trust," and not a mere right 
 to be exercised for private benefit or emolument. It should be as im- 
 partially administered and executed as any judicial or other power 
 of government. 
 
 Our Constitution and our form of government recognize no dis- 
 tinction between classes of the community, and give no right to the 
 representatives of the people to distinguish any individuals, by grants 
 or gifts of public property which are withheld from others. Legis- 
 lation is in the name of the people, by the people, and should be for 
 the people. 
 
 Where is the authority from the people for the enactment of a 
 law making to individuals the gift here proposed to be made ? 
 
 In my judgment, equity demands that the value of these railroad 
 grants should be paid into the treasury of the city of New York 
 rather than into that of the State, and should be applied either to 
 the reduction of the debt of that city or of the annual taxes levied 
 pn its citizens. These railroads are to be operated wholly within 
 the city, and by a special use of its streets. The streets have either 
 been dedicated to public use by the owners of adjacent lands or paid 
 
Messages op Gov. Hoffman. 49 
 
 for by assessment on such property. They are paved and repaved, 
 lighted and cleaned, at the expense of the tax-payers, who also pay 
 far maintaining police and sanitary regulations, and the general 
 expenses of the municipal government. If any revenue can be de- 
 rived from the use of such streets, it seems to me equitable and just 
 that it should be applied to the payment of these expenses. 
 
 Ten or more railroads have already been established in the city of 
 New York by virtue of special grants made by the Legislature. 
 None of these railroads have been required to make any payment 
 for the value of the privileges granted, except a mere nominal 
 license fee, or (as in the case to which I have above referred) a 
 nominal annual payment. All of these grants were valuable when 
 made, and some of them were and are of great and increasing pecu- 
 niary value. The capital stock of the roads and their profits have 
 been greatly disproportioned to their actual outlay and expenditures. 
 Two of them (and only two), viz., the Sixth avenue and Eighth 
 avenue railroads, are required to make monthly returns of their re- 
 receipts. The receipts of these two companies, during the last year, 
 were as follows : 
 
 Sixth avenue $618,570 51 
 
 Eighth avenue 783.288 79 
 
 From' this statement of receipts (which in each case are about 
 double what they were ten years ago), some idea may be formed of 
 the great and increasing value of railroad grants in the city. If all 
 the companies had been required to pay to the city an adequate 
 sum for the value of the privUeges granted to them, the debt of the 
 city would have been largely decreased ; or if they had been re- 
 quired to pay a yearly compensation in proportion to the yearly 
 increasing value of their grants, the annual taxes levied would, 
 have been materially reduced each year, and the people would have 
 been so far relieved from the heavy burdens of taxation. 
 
 In my judgment, the Legislature had no more right, in morals, 
 to give away these privileges, and deprive the tax-payers of that 
 city of their just rights in respect to them, than they had to impose 
 a direct tax, of the same pecuniary extent, for the benefit of the 
 persons named in the bill. 
 
 I am not opposed to the construction of railroads in the streets of 
 the city of New York. I am aware that additional facilities for 
 7 
 
60 Messages of Gov. Hoffman. 
 
 travel are required. The improvements being made in the upper 
 portion of the city, occupied for residences, at points remote from 
 the business sections, and the distance to be travelled from the fer- 
 ries and railway depots to the commercial centre create a great and 
 growing demand and necessity for more city railroads. I will 
 gladly give my sanction to any just plan calculated to meet this re- 
 quirement. But, however urgent and pressing may be the incon- 
 venience from the present deficiency in the means of public travel, 
 I cannot consent to give my approval to any measure which, while 
 it may add to the public convenience, violates important public 
 rights or principles, or the true policy of government. 
 
 I respectfully submit to the Senate that the just mode of provid- 
 ing additional railroad facilities for the city of New York would be 
 to authorize the construction of such roads on suitable routes, with 
 careful regulations for the protection of public and private interests ; 
 the grant or grants for such roads to be disposed of by the proper 
 authorities of such city, at public auction, to the parties who will 
 agree, with sufficient security, to pay to the city the largest sum in 
 gross, or the largest sum annually, for the privileges granted ; or if 
 not at public auction, then in such other way as may be best calcu- 
 lated to make certain a fair and honest disposition of the grants, 
 upon terms which will secure to the city treasury their just and 
 reasonable value. 
 
 An act containing such provisions, or framed upon such prin- 
 ciples, at the same time providing safeguards for the general public 
 convenience, and for the protection of private rights, would be free 
 from any imputation of favoritism and improvidence, and would 
 secure to the tax-payers a just return for the use of the public pro- 
 perty granted. 
 
 I respectfully ask, therefore, a re-consideration of the bill herewith 
 returned. 
 
 JOHN T. HOFFMAN. 
 
 AiiBANT, Aj^il 16, 1869. 
 To THE Senate : 
 
 I return, without my signature. Senate bill No. 121, entitled" An 
 act to aid in the completion of the Whitehall and Plattsburgh rail- 
 
Messages op Gov. Hoffman. 51 
 
 road, and to amend chapter 103 of the Laws of 1867, and to renew 
 the appropriation made thereby." 
 
 In my annual message, in referring to the condition of the State, 
 the burdens resting upon the people, and what they would exp^t 
 and demand of their representatives, I thought it proper to say as 
 follows : 
 
 " While in all public affairs a reasonable liberality is to be en- 
 couraged, extravagance and waste will be condemned. A large 
 amount of invested capital has been declared by Congress exempt 
 from the taxation which now oppresses nearly every interest in the 
 country. Those who bear no portion of the public burdens will 
 never be active in opposing their increase. Some will be always 
 ready to favor projects involving great outlays of public moneys in 
 enterprises of real or supposed merit, but the great body of the 
 people will not sanction any expenditures or appropriations, the 
 necessity of which is not clearly apparent." 
 
 In considering any bill which appropriates money from the State 
 Treasury to aid private capital in constructing new railroads, my 
 duty to the people at large requires that I should not overlook the 
 facts that we are in the midst of a period of great speculation ; that 
 we are under the influence, to some extent, of a depreciated or in- 
 flated currency, one of the invariable effects of which is to create an 
 activity more or leas feverish, under the stimulus of which men are 
 not likely to discriminate carefully between legitimate enterprises 
 and speculative projects. When this is over, and we return to a 
 sound currency and a more healthy condition, we will estimate more 
 justly the heavy burdens of taxation resting upon us, and will witness 
 a diminution of the profits which some undertakings now earn, and 
 of the promise of profit in others. 
 
 I fully comprehend what great benefits may be realized from 
 wisely projected and economically constructed railroads, as well by 
 the State at large as by the localities through which they pas3. I 
 would be glad to see their construction pushed forward with energy 
 whenever there is need of them. I should rejoice in seeing the 
 people of the State assist all such enterprises whenever it was ap- 
 parent that the general interests of the State would be promoted by 
 their success or injuriously affected by their failure. There are, I 
 know, some portions of our territory full of undeveloped riches, and 
 yet so sparsely settled that individual energy and home capital are 
 wholly inadequate of themselves to open avenues of transit and 
 communication to and through them, or even to contribute so much 
 
52 Messages of Gov. Hoffman, 
 
 towards looal improvements as to inspire capitalists elsewhere with 
 that confidence which would lead them to come to their aid. To 
 open such regions to active traffic, to bring them into nearer connec- 
 tion with our great markets, to give to them facilities for communi- 
 cation and transportation which other more favored portions of the 
 State enjoy, may often be so important to the whole State, and be so 
 well calculated to add largely to its material and general prosperity, 
 as to justify at times, and under proper restrictions, the granting of 
 some aid from the Treasury of the State. While, however, it may 
 be wise sometimes to grant this aid to enterprises simply because of 
 their great merit and their great need, the money of the people 
 should never be used to foster and encourage a spirit of speculation, 
 or enterprises which may possibly have their origin in it. Even in 
 cases of great merit, there is one difficulty which suggests hesitation, 
 and that is that a contribution from the State Treasury, in one in- 
 stance, becomes a precedent for many others. Meritorious projects 
 and those purely speculative become linked together, and alike 
 appeal to this precedent, with equal confidence, and too often, in 
 the present condition of financial affairs and legislative temper, with 
 equal chances of success. Every new railroad corporation thinks it 
 has a right to some portion of the public money, and sends its friends 
 to the Legislature, intent on securing means from the public treasury, 
 which receives its supply from the contributions of the heavy-bur- 
 dened tax-payers of the State. 
 
 Aa a general rule, the sagacity of private capital will be quick to 
 see where railroads are needed, where they can be made to pay, and 
 where they will add to the public wealth. It is hardly possible for 
 the Legislature or an Executive to decide these points so well as 
 can be done by the keen sagacity, the willing enterprise, and the 
 careful scrutiny of private capitalists. 
 
 General laws have been passed for the incorporation of railroad 
 companies. Liberal facilities are already extended (whether always 
 wisely or not I need not here discuss) to the people in cities, villages, 
 and towns, by the issue of their corporate bonds, to associate their 
 corporate responsibility with individual capital, to construct their 
 railroads. Under these circumstances, it seems to me that almost 
 any meritorious enterprise can succeed without State aid, and that 
 sflch aid should only be granted, if at all, when the necessity is clearly 
 apparent, and when the well-being of the State at large demands it. 
 
 The aggregate appropriations proposed to be made from the State 
 Treasury to railroad corporations, by bills introduced at the present 
 
Mbssases op Gov- Hoffman. 63 
 
 session, is over four and a quarter millions of dollars, as will appear 
 by the following statement : 
 
 Whitehall and Plattsburgh Senate bill 121 $365,000 
 
 . Albany and Susquehanna Ass'y 
 
 Ithaca andTonawanda " 
 
 Port Jervis and Monticello " 
 
 Buffalo and Washington " 
 
 Buffalo, Corning, and Pittsburgh " 
 
 Northern Air Line " 
 
 New York Northern " 
 
 Gloversville, Mayfield, and Northville.. " 
 
 Lake Shore, " 
 
 Southern Central " 
 
 New York and Oswego " 
 
 Fonda, Johnstown, and G-loversville... " 
 
 Erie Valley and Genesee " 
 
 WallkUl Valley " 
 
 Kondout and Oswego " 
 
 26 
 
 . 100,000 
 
 665 
 
 ,. 150,000 
 
 666 
 
 ,. 100,000 
 
 667..... 
 
 .. 250,000 
 
 668..... 
 
 .. 250,000 
 
 669 
 
 .. 175,000 
 
 670...., 
 
 .. 600,000 
 
 672.... 
 
 .. 150,000 
 
 673 
 
 .. 700,000 
 
 674.... 
 
 .. 400,000 
 
 975.... 
 
 .. 600,000 
 
 676.... 
 
 .. 75,000 
 
 742.... 
 
 .. 125,000 
 
 744.... 
 
 .. 128,000 
 
 747.... 
 
 .. 150,000 
 
 $4,315,000 
 
 Most of these bills have progressed so far as to indicate clearly 
 that the friends of one rely, for success, upon the aid and cooperation 
 of the friends of the others. 
 
 The whole amount of taxes levied by the State for schoolsy canals, 
 bounty debts, railroads, and general purposes in 1868, was 
 $10,343,317.01, being five and four-fifth mills Upon the assessed 
 valuation of property. The amount of State aid proposed by the 
 bills above referred to, viz., $4,335,000. is more than two fifths of 
 the whole State tax of 1868. If a tax were imposed in any single 
 year to provide for this aggregate of State aid, it would make the 
 State tax eight and one-fifth mills, instead of five and four fifths, as 
 in 1868. This bill provides for extending the tax over two succeed- 
 ing years, which same provision will no doubt be adopted in the 
 other bills. In such case the tax would be increased to seven mills 
 for two successive years. 
 
 These figures may well excite alarm. If this bill be successful, 
 it will be likely to be regarded as a precedent and to lead to the 
 success of most, if not all, of the others, and thus to subject the 
 Treasury to an expenditure of nearly $4,000,000 more, distributed 
 
54 Messages of Gov. Hoffman. 
 
 among enterprises of similar character, whatever may be their res- 
 pective degrees of merit. 
 
 It is a fact as apparent as it is deplorable, that whenever heavy- 
 demands are made upon the public Treasury for other than the or- 
 dinary expenditures of the State Government, influences are at work 
 in and around the Capitol, to secure their success, which are not 
 calculated to promote an impartial exercise of the legislative power; 
 and it may be predicted with almost absolute certainty, if these 
 present applications are successful, that at some future day, and 
 that not far distant, a portion of the very money now drawn from the 
 Treasury of the State will be used as means to secure renewed and 
 increased appropriations for like purposes. 
 
 It is confidently alleged that the people of the State will and do 
 approve of these enormous appropriations, and are willing to have 
 imposed upon them these new burdens for the sake of aiding enter- 
 prises, the direct profits of which will inure to the benefit of private 
 capitalists. I do not believe it. But even if it were so, I am con- 
 fident that hereafter, when the feverish period of speculation shall 
 have passed away, and a sounder public sentiment shall prevail, they 
 would, if I sanctioned the legislation to which I now object, hold me 
 accountable and responsible for failing to protect them against great 
 expenditures, in regard to which the probability of waste and ex- 
 travagance is much greater than the possibility of prudence and 
 discrimination. 
 
 It must be remembered that, under the Constitution, it is in the 
 power of the Legislature to subniit to the people of the State the 
 question whether they are willing to aid these enterprises by the 
 creation of a State debt. Such a mode of coming to their relief 
 would admit of a large grant of money and a more systematic and 
 equitable application of it to the different sections of the State. The 
 taxation required to meet the outlay could be extended over a period 
 of eighteen years, instead of being forced upon one or two. The 
 fact that no such measure has been brought forward during the time 
 the State aid policy has been pressed, is strong evidence that the 
 advocates of that policy believe that the people at large would not 
 approve of it. If this be so, the people would certainly resent a 
 proposition to collect at once, and without asking their approval the 
 large sum now proposed to be levied upon them. 
 
 For the reasons, therefore, that it is not easy to discriminate so 
 clearly between this measure and those of a similar character, now 
 pending and perhaps awaiting the decision of this one, as to make 
 
Messages of Gov. Hoffman. 55 
 
 this an exception ; that it presents a question of general policy in 
 granting money from the State Treasury to aid in the construction 
 of local railroads, when the burdens of taxation are too great to 
 admit of the heavy addition which the adoption of the policy would 
 entail ; that the Constitution provides a wise and just method by 
 by which the people of the State can take upon themselves the de- 
 cision of the question, under which the tax can be graduated ac- 
 cording to the magnitude of the improvement to which aid is given j 
 that the measure may be deferred without prejudice to its future 
 consideration at a period when the affairs of the State and country 
 will be in a more permanent condition, when taxation will only be 
 required for current necessities, and when it is hoped a settled pros- 
 perity shall be established ; I am constrained, without expressing 
 any opinion upon the merits of the Whitehall and Plattsburgh rail- 
 road, except to admit most freely that the region through which the 
 road will run has very strong claims upon the consideration and 
 sympathy of the whole State, and that the construction of a railroad 
 through it would contribute very greatly to the general wealth and 
 prosperity, to return the bill without my signature. 
 
 JOHN T. HOFFMAN. 
 
 Albany, AprU 20, 1869. 
 To THE Senate : 
 
 I return, without my signature. Senate bill No. 205, entitled 
 " An act to authorize the Avenue Eailroad Company of the city 
 of New York to extend their railroad tracks through certain streets 
 and avenues in said city." 
 
 The company was chartered by act of the Legislature on the 6th 
 of May, 1868. Up to this time it has built no portion of its rail- 
 road. The bill now before me, amending the charter, gives the 
 company the privilege of laying its tracks in streets and avenues 
 not covered by the original grant; and it does not provide for com- 
 pensation to be paid therefor into the treasury of the city or that of 
 the State. 
 
 It comes within the objections stated by me in a message sent to 
 the Senate on the 14th inst., in relation to the bill authorizing the 
 construction of a railroad in One Hundred and Twenty-fifth street 
 and other streets of the city of New York. I therefore return the 
 bill, and respectfully ask its reconsideration. 
 
 JOHN T. HOFFMAN. 
 
56 Messages of G-ov. Hoffman. 
 
 Albany, April 26, 1869. 
 To THE Senate : 
 
 I return, without my signature, Senate bill No. 70, entitled 
 " An act to a,!nend an act entitled ' An act to supply vacancies in 
 the offices of justices of the peace in the several towns of this State/ 
 passed April 18, 1859." 
 
 The bill consists of two sections. 
 
 The first section provides that whenever a vacancy shall occur in 
 the office of justice of the peace in any town of this State after the 
 annual town meeting in any year, and before the next annual town 
 meeting in such town, certain town officers, or a majority of them, 
 may appoint a person to fill the vacancy, " and the person so ap- 
 pointed shall hold said office until five days after the then next 
 annual town meeting in said town." 
 
 By reference to article 6, section 17 of the Constitution, it will 
 be seen that justices of the peace are elective officers. 
 
 The 5th section of article LO of the Constitution reads thus : 
 " The Legislature shall provide for filling vacancies in office, and, 
 in case of elective officers, no person appointed to fill a vacancy 
 shall hold his office by virtue of such appointment longer than the 
 commencement of the political year next succeeding the first annual 
 election after the happening of the vacancy." 
 
 It is obvious that in case of a vacancy occurring after an annual 
 town meeting, and before the annual election of the same year, this 
 section would provide that the person appointed to fill the vacancy 
 should continue to hold office after the next succeeding first of Jan- 
 uary, which would be " the commencement of the political year next 
 succeeding the first annual election after the happening of the 
 vacancy." Such provision of law is forbidden by the Constitution. 
 
 The second section of the bill provides that when a vacancy shall 
 exist and a justice of the peace shall have been elected in the town, 
 whose term of office does not commence until the first of January 
 following, " the person so elected shall be appointed to fill such 
 vacancy." 
 
 Article 10, section 2 of the Constitution prescibed that "all city, 
 town, and village officers whose election or appointment is not pro- 
 vided for by this Constitution, shall be elected by the electors of such 
 cities, towns, and villages, or of some division thereof, or appointed 
 by such authorities thereof as the Legislature shall designate fbr 
 that purpose." 
 
Messages of G-ov. Hoffman. 57 
 
 It is plain that the person pointed out by this act as the one who 
 shall fill the vacancy in the ease described in this second section 
 would hold office, while filling the vacancy, neither by election of 
 the electors of the town, or of any portion of them, nor by appoint* 
 ment of the local authorities. The power of appointment, that is, the 
 selection of the person who shall fill the vacancy, is, according to 
 the Constitution, to be conferred absolutely, if conferred at all, upon 
 the local authorities. The Legislature cannot designate in advance 
 what person they shall appoint. 
 
 Both sectibns of the bill aie in conflict with the Constitution. 
 
 JOHN T. HOFFMAN. 
 
 Albany April 27, 1869. 
 To THE Assembly : 
 
 I return ^without my signature, a bill entitled " An act to incor- 
 porate the village of Chateaugay, in the county of Franklin," which 
 passed the Assembly on the 17th of April, and the Senate on the 
 26th of April. 
 
 The bill provides that no person shall be entitled to vote " for the 
 elective officers of the village" unless he be a freeholder, or shall, 
 within a year preceding, have paid a tax upon property taxable in 
 the village. 
 
 It thus seeks to establish a property qualification for those who 
 are to vote for officers elective by the people, and is, therefore, in 
 conflict with the Constitution, which declares, in article 2, section 
 1, that " every male citizen of the age of twenty-one years, who shall 
 have been a citizen for ten days, and an inhabitant of the State for 
 one year next preceding an election, and for the last four months a 
 resident of the county where he may ofier his vote, shall be entitled 
 to vote at such election in the election district of which he shall at 
 the time be a resident, and not elsewhere, for all officers that now are, 
 or hereafter may be, elected by the people." And in article 10, sec- 
 tion 2, that " all city, town, and village officers, whose election or 
 appointment are not provided for by this Constitution, shall be elected 
 by the electors of such cities, towns, and villages, or of some division 
 thereof, or appointed by such authorities thereof as the Legislature 
 shall designate for that purpose." 
 
 The bill is returned thus promptly that it may be amended, if the 
 Legislature see fit, so as to remove the objection. 
 
 JOHN T. HOFFMAN. 
 8 
 
58 Messages of Gov. Hoffman. 
 
 Albany, April 2>1, 1869. 
 To THE Assembly : 
 
 I return, without my signature, a bill entitled " An act to declare 
 John street in the village of Gouverneur a public highway. 
 
 The forty-first section of chapter 448 of the Laws of 1868, entitled 
 " An act to incorporate the village of Gouverneur, in the county of 
 St. Lawrence, and to repeal its present charter," provides that the 
 trustees " shall have power to lay out, open, make, straighten, widen, 
 extend, alter, and discontinue any streets, highways, alleys, lanes, 
 side and crosswalks, drains, and sewers in said village, and may lay 
 the same through any lands or inclosure, and take and appropriate 
 the lands necessary for such improvements." 
 
 It is manifest that the subject-matter of the bill comes within the 
 existing powers of the local authorities. The bill is, therefore, open 
 to the objections already stated by me to the Assembly in previous 
 messages, to unnecessary special legislation. 
 
 JOHN T. HOFFMAN. 
 
 Albany, April 29, 1869. 
 To the Assembly : 
 
 I return, without my signature, the bill entitled " An act to pro- 
 vide for the construction and maintenance of a bridge over the 
 Tioughnioga river, in the town of Cuyler, Cortland county." 
 
 The main purpose of this bill (although there is nothing in the 
 title to indicate it) is to charge upon the town of Truxton one half 
 of the expense of building and maintaining the bridge, which is 
 wholly within the town of Cuyler. 
 
 There has been for several years a dispute between the two towns 
 in reference to this subject, and in the month of March, 1866, in a 
 proceeding instituted by the commissioners of highways of the town 
 of Truxton, the Supreme Court desided that the town of Truxton 
 was not liable, as an adjoining town, to unite with Cuyler in building 
 the bridge. 
 
 I submit that, in view of this decision of the Supreme Court, 
 this bill, against which all the town oflScers of Truxton remonstrate, 
 should not become a law, and I respectfully ask its recousideration. 
 
 JOHN T. HOFFMAN. 
 
Messages of GI-ov. Hoffman. 59 
 
 Albany, April 29, 1869. 
 To THE Assembly : 
 
 I return, without my signature, the bill entitled '' An act to ati- 
 f horize the village of Adams to issue bonds for the purpose of aiding 
 I* the rebuilding of the Hungerford Collegiate Institute, and to 
 levy a tax for the payment of the same." 
 
 The bill authorizes kiid Requires the president of the board of 
 trustees of the village of Adams, if a majority of the taxable inhabi- 
 tants of said village tihall, at a special meeting, give their consent, to 
 issue its corporate bonds to the amount of $15,000, 
 
 These bonds are to be delivered to the Hungerfi)*d Collegisite 
 Institute as a gift, the payment of the principal and interest of the 
 bonds being required by the bill to be provided for by a general 
 tax upon the property of the village. 
 
 A remonstrauce, extensively dgned, has been forwarded to the 
 Legislature protesting against this (so far as the unwilling among 
 the tax-payers are concerned) compulsory gift to a private institu- 
 tion; the advantages of which, it is said, can be enjoyed only by 
 the few more wealthy of the people, while the tax is levied in equal 
 proportion upon, the homes of those who can afford for their children 
 only the education of the common schools. 
 
 It is not, in my judgment, a case in which th'e Legislature should 
 interpose to authorize a tax to be levied upon the propeity of the 
 people of a town or village. 
 
 Whatever may be said as to the propriety of permitting a town or 
 village, upon the consent of a majority of the taxable inhabitants, 
 to issue its bonds and lend its credit in aid of any public improve- 
 ment, it does not appear to be just that the creation of a debt should 
 be authorized for the purpose contemplated by this bill and a tax 
 levied upon the property of the people, when a large number of 
 them remonstrate against it. 
 
 JOHN T. HOFFMAN. 
 
 Albany, AprU 30, 1869, 
 
 To THE Assembly : 
 
 I return, without my signature, the bill entitled " An act to amend 
 the act entitled ' An act to amend the several acts incorporating the 
 village of Owego, in the county of Tioga,' passed April 7, 1851 . 
 
60 Mbssases of Gov. Hoffman. 
 
 Section 7 of the bill provides that the village of Owego shall 
 hereafter elect five Supervisors, all of them to be members of the 
 Board of Supervisors of the county, each one exercising the same 
 power as the Supervisor of a town. The village is already entitled, 
 by an amendment to its charter made in 1854, to a Supervisor in 
 addition to the one elected by the town of which it is a part. By 
 the bill now before me the village would elect five, and the town at 
 large one ; making six for the town of Owego. 
 
 It is well known that Supervisors are not apportioned among the 
 towns of a county with reference to population ; but that, as a rule, 
 every town is entitled to one representative in the County Board. 
 It is urged upon me, in favor of this bill, that the town of Owego, 
 including the village, so far exceeds in population the other towns 
 of the county that it ought to have a larger representation in the 
 Board. 
 
 Even upon the principle of proportion to population, this bill 
 would give to Owego more than its share The population of the 
 county of Tioga is, by the census, 28,163 ; that of the town of 
 Owego 8,865. Owego would, therefore, if population were the basis 
 of representation in Boards of Supervisors, be entitled to about one 
 third of the County Board. This bill gives it six Supervisors, and 
 there are eight other towns, each of which elects one. The entire 
 Board would thus consist of fourteen, out of which number Owego 
 would have six, or nearly one half. 
 
 Again : if population is to be regarded as the basis of represen- 
 tation, there are other towns in Tioga county which have equal 
 claims with Owego to relief. Barton and Candor have each a popula- 
 tion of over four thousand ; the remaining towns ranging in their 
 numbers from one thousand to three thousand. 
 
 It is obvious that this bill would fail to give the county a Board 
 representing the people according to numbers. If Owego, with a 
 population of 8,800, be entitled to six Supervisors, then Barton and 
 Candor, with populations of 4,000, have almost equal claims each 
 to three. 
 
 If the principle is to be recognized that towns should be repre- 
 sented according to numbers, then it should be made general in its 
 application throughout the county, and not confined to Owego. 
 There is, however, an objection to the bill, independent of these de- 
 tails, which, in my judgment, is insuperable. It is this : The title 
 of the bill does not, as the Constitution requires, indicate its full 
 purpose or object. While, by its title, it purports simply to amend 
 the charter of the village of Owego, the bill would work a material 
 
Messages of Gov. Hoffman. 61 
 
 change in the government of the county. In any such change the 
 people of the other towns have an interest ; yet the title of this bill 
 has afforded them no notice that its provisions were of any moment 
 to others than the inhabitants of the village of Owego. 
 
 JOHN T. HOFFMAN. 
 
 Albany, May 1, 1869. 
 To THE Assembly : 
 
 I return, not approved, the bill entitled " An act relating to the 
 Jordan Academy and free school district No. 4, in the town of El- 
 bridge, in the county of Onondaga." 
 
 By a special act (chapter 43 of the Laws of 1867) the Jordan 
 Academy was " constituted an academical department in free school 
 district No. 4 in the town of Elbridge," " in the manner provided 
 by section 24, title 9 of chapter 555 of the Laws of 1864 j" which 
 latter is the general law passed that year to revise and consolidate 
 the acts relating to public instruction. The Jordan Academy ceased 
 to be an independent institution and passed into the charge of the 
 board of education of the district. , It was, among other things, pro- 
 vided by this special act of 1867, that the board of education of the 
 district might fix the terms of tuition in said academical department, 
 within certain limits. 
 
 But by the subsequent passage of an act (chap. 406, Laws of 
 1867) to amend the acts relating to public instruction, and commonly 
 known as the free school law, the privilege of requiring payment 
 from the pupils was taken from all departments (academical in- 
 cluded) of the public schools. Section 26 of the last-named act reads : 
 ", Hereafter all moneys now authorized by any special acts to be 
 collected by rate bill for the payment of teachers' wages, shall be 
 collected by tax and not by rate bill." 
 
 From the operation of this general provision the Jordan Academy, 
 so called, but in fact the school district to which it belongs, seeks 
 now to be exempted. It would remain in full connection with the 
 general public school system, get its share of the public school 
 moneys annually distributed, retain the power of local taxation for 
 the support of its academical department, and yet be at liberty to 
 require payment for tuition from some of its pupils. The teachers 
 employed in and the pupils attending this academical department 
 of free school No. 4 of Elbridge, are reported by the board of edu- 
 
62 Messages op Gov. Hoffman. 
 
 cation of the district to the department of public instruction as 
 common school teachers and pupils, and are consequently counted 
 towards the pro rata share of public money to that district. 
 The bill is without precedent, and would establish a bad one. 
 
 JOHN T. HOFFMAN. 
 
 Albany, May 4, 1 869. 
 To THE Assembly : 
 
 I return, without approval, the bill entitled " An act to amend an 
 act in relation to a certain highway and highway taxes in the county 
 of Hamilton," passed April 22, 1867, as aijiended by chapter 722 
 of the Laws of 1868. 
 
 I find that the act which this bill proposes to amend directed the 
 Comptroller to pay over certain moneys to the special commissioners 
 named in the act. Out of these moneys the commissioners were 
 authorized to retain certain sums as compensation'for their services, 
 their accounts " to be first audited, allowed, and certified by said 
 Comptroller, upon a detailed statement of such services, duly verified 
 by the commissioner, claiming such compensation, and upon such 
 other evidence as the Comptroller may require." 
 
 It appears that in 1867 the commissioners then in office filed with 
 the Comptroller their report of moneys received and of their charges 
 and alleged disbursements. The Comptroller refused, and still re- 
 fuses, to allow the accounts so rendered. This bill, without making 
 any provision for investigation or reexamination, directs the Comp- 
 troller to pay these claims in the form and to the amount presented, 
 and at the same time strikes out the provision in the original act for 
 the future auditing of similar accounts. 
 
 I trust the Legislature will agree with me that it is not wise policy 
 to take from the Comptroller the power to audit and adjust these 
 accounts. In cases of this kind it is right that the money should 
 be expended under a sense of responsibility on the part of the com- 
 missioners to some supervising authority, and the Comptroller seems 
 to be the proper officer to exert control in such matters. 
 
 The bill, in one of the new sections proposed, viz., section 8, con- 
 fers extraordinary powers on the special commissioners. It provides 
 for a tax upon certain towns, for a road which runs wholly through 
 other towns. It requires the commissioners of highways in several 
 towns (through some of which the road does not pass) to assess all 
 
Messages op Gov. Hofeman. 63 
 
 the highway tax upon lands owned by non-residents in their respective 
 towns for the benefit of this road. It requires them to deliver the 
 warrants for the oollection of these taxes to the special commissioners, 
 who are, by the bill, made overseers of highways for the purpose. 
 The section further provides that, if the ordinary commissioners of 
 highways in the several towns do not, within a certain period, deliver 
 such warrant, then the special commissioners of highways may assess 
 the non-resident tax in the several towns, and, as overseers of high- 
 ways, collect it. If the commissioners of highways do deliver an 
 assessment-roll and warrant, and these special commissioners deem 
 it defective, they are authorized, as said commissioners, to^revise and 
 correct it at discretion. 
 
 By another new section, proposed as section 9, the special com- 
 missioners are authorized to borrow three thousand dollars on the 
 credit of these highway taxes, and provision is made for the payment 
 by the Comptroller of bonds issued by them. It is intended, no 
 doubt, that the money so borrowed shall be used for the purposes of 
 this road, but the bill contains no explicit directions on that point. 
 
 The special commissioners seem, by the bill, to be invested with 
 power to claim all the non-resident taxes in the several towns so 
 named for a period of years to come ; to act as commissioners of 
 highways in all these towns with unlimited power to levy a tax on 
 non-resident lands ; to act, also, as overseers of highways in the 
 several towns, and to collect the tax they themselves have laid ; " as 
 overseers of highways," to overlook and correct the assessment-rolls 
 of the regular commissioners of highways of the several towns, which 
 is for a subordinate to revise and correct the acts of his superior ; 
 and at the same time the commissioners themselves are made re- 
 sponsible to no one. 
 
 In view of these extraordinary, and, it seems to' me, unnecessary 
 provisions, I return the bill, and respectfully ask its reconsideration. 
 
 JOHN T. HOFFMAN. 
 
 Albany, May, 5, 1869. 
 To THE Senate : 
 
 I return, without my approval. Senate bill No. 207, entitled " An 
 act to incorporate the Oswego Pier and Dock Company." 
 
 The bill incorporates twelve persons, named therein, and such 
 others as may join them, as the Oswego Dock and Pier Company : 
 
64 Messages op Gov. Hoffman. 
 
 the twelve corporaters named in the bill to be directors of the com- 
 pany until January, 1871. 
 
 It gives to this corporation power to " take any and all lands upon 
 the shore, within fifty feet of high-water mark, not now improved 
 or occupied, and all under water adjoining the said shore that may 
 be included within the breakwater built in the lake, or along the 
 shore,'' at an approved value, in the same way that the land might 
 be taken for railroad purposes. This land so taken may be improved 
 by " filling in, making slips, wharves, piers, warehouses, railroad 
 tracks, or such other improvements for commercial or manufacturing 
 purposes as may be desired by the said company." 
 
 The territory within which the company is to operate is defined 
 as " lands on the shore and under the waters of Lake Ontario, 
 within the limits of said city of Oswego, outside the Grovernment 
 piers, which now protect and form the harbor of said city." 
 
 The entire water front of the city (except the limited portion 
 between the present piers) is thus given up to the exclusive owner- 
 ship of a private corporation, and apparently for its exclusive use. 
 The extent of shore thus transferred from the present owners to 
 this corporation is said to be at least two miles. 
 
 The purpose and object for which the company is created are 
 nowhere expressly defined, nor in exchange for the great privileges 
 conferred on it, are any duties to the public enjoined upon it. The 
 bill speaks of a " harbor hereby authorized," but it nowhere imposes 
 upon the company the duty of constructing an artificial harbor, nor, 
 in fact, any other duty. 
 
 The company, under the bill, may do almost anything ; but it is 
 not required to do anything. It may take lands on shore and under 
 water, fill up, build piers, docks, wharves, warehouses, lay railroad 
 tracks, or make such other improvements for commercial or manu- 
 facturing purposes as may by desired by the said company ;" but it 
 is not required to give the use or benefit of these piers, wharves, 
 docks, slips, or other improvements to the public on any terms. 
 Upon this point the bill is silent. 
 
 The authorities of the city of Oswego are given no power nor 
 control over the changes proposed in its water front ; except that, 
 when the improvements of the company come to be connected with 
 the present harbor of Oswego, the connection is to be made, " in 
 such manner as the directors of the company shall determine best 
 calculated to promote their interests, subject, however, to the ap- 
 proval of the same by the authorities of the city of Oswego." 
 
Messages of Gov. Hoffman. 65 
 
 If the real purpose of the company be the improvement of the 
 harbor of Oswego for public use, that is a matter in which the city 
 authorities or some public agent should have a controlling voice. 
 If the object of the company be simply its own private gain, then 
 the proposed transfer of the lands along the shore and under water 
 from their present owners, without such owners' consent, to this 
 company, would, according to judicial decisions, be taking private 
 property, and not for public uses. 
 
 The charter granted to the company is perpetual, and is not sub- 
 ject to modification, amendment, and repeal by the Legislature. 
 
 The bill would create a corporation clothed with extraordinary 
 powers, no corresponding obligations being imposed on it, and sub- 
 ject to no future control by the Legislature. 
 
 JOHN T. HOFFMAN. 
 
 Albany, May 5, 1869. 
 To THE Assembly : 
 
 I return, without approval, the bill entitled " An act to consoli- 
 date the several school districts and parts of districts within the 
 corporate limits of the village of Johnstown, and to establish a union 
 graded school therein." 
 
 The bill proposes to consolidate the several school districts and 
 parts of school districts within the corporate limits of the village of 
 Johnstown, the consolidated district to be under the control of nine 
 " commissioners," who are constituted a body corporate under the 
 name of the " Board of Education of the village of Johnstown," 
 and who are to have power, among other things, to hire the John- 
 town academy for an academical department of the schools of said 
 village, and to accept a transfer of said academy whenever the 
 trustees thereof shall, as authorized by the bill, see fit to make it. 
 
 These purposes can be accomplished under existing provisions of 
 law, and this special law is therefore unnecessary. 
 
 Sections 4, 5, and 6 of title 9 of the general school law, passed 
 in 1864, make ample provision for the establishment and organiza- 
 tion of such a union school district, under the control of a similar 
 board of education, by a vote of the people in the territory to be 
 affected. 
 
 Section 24 of the same title and act provides for the adoption of 
 any existing academy within the limits of the district, by such board 
 of education, with the consent of a majority of the voters of the 
 districts, and of the trustees of the academy. 
 9 
 
66 Messages of Gov. Hoffman. 
 
 All the main features of this bill are embodied in existing statutes, 
 general in their nature, and equally applicable to the village of 
 Johnstown as to other localities whose schools are organized under 
 them. In the few details in which it differs from the general act, 
 the bill is open to these objections : 
 
 1. The proposed district is not to be distinguished by a number, 
 as school districts usually are, and as it is important they should be, 
 but is to be known only by name as the Johnstown Union School. 
 
 2. The persons comprising the board of education are to be styled 
 " commissioners" instead of trustees, by which latter title they are 
 known in other districts throughout the State. The law already 
 knows one class of officers as School Commissioners, and it seems 
 to be undesirable to create another body of men with other and dif- 
 ferent duties and powers, to be known by the same name. 
 
 3. That officer of the board of education designated in the school 
 law as the clerk, in this bill is named " secretary." His duties 
 being, in the main, identical with those of clerks in other union 
 districts,- his official title should be the same. 
 
 4. Section 21 of the proposed act authorizes the school commis- 
 sioner of Pulton county, " whenever he shall deem it for the interest, 
 of the parties concerned," to annex to said union district any lands, 
 premises, and territory which, at the time of the passage of the bill, 
 formed a part of any of the districts consolidated by the bill. 
 
 Under this provision, the school commissioner might, at any time, 
 without consulting the inhabitants who are to be transferred or the 
 officers of the district, transfer such inhabitants and their property 
 to said union district. 
 
 The restrictions in title 6 of the general school law upon the 
 alteration of school districts are thus entirely taken away, so far as 
 the territory in question is concerned. Acting under the restrictions 
 of the general law, the commissioner is obliged either to obtain the 
 consent of the trustees of all the districts to be affected by his order, 
 or, if they refuse to consent, the supervisor and town clerk of the 
 town in which such districts are situated may be associated with him 
 in the determination of the matter. There appears to be no good 
 reason why the inhabitants of the territory affected by the proposed 
 act should be denied the safeguard of these restrictions. 
 
 If the citizens of the village of Johnstown are opposed to the 
 contemplated consolidation, it should not be forced upon them. If 
 they favor it, they can effect it without the aid of this bill, under 
 existing general laws. 
 
 JOHN T. HOFFMAN. 
 
Messages of Gov. Hoffman. 67 
 
 Albany, May 10, 1869. 
 To THE Assembly : 
 
 I return, not approved, the bill entitled " An act in relation to 
 assessment-rolls in the town of Oswegatehie, in the county of St. 
 Lawrence." 
 
 The bill provides that the assessors of the town of Oswegatehie 
 shall hereafter, in all assessments for the purposes of taxation, make 
 a roll for each of the wards in the city of Ogdensburgh, and another 
 for that portion of the town not included within the corporate limits 
 of said city, and shall deliver one of said rolls to the supervisor of 
 each ward ; and yet, that the warrants issued for the collection' of 
 the taxes shall be addressed and delivered to the collector of the 
 town. 
 
 The bill is, in my judgment, a needless interference with the 
 details of the duties of town assessors and town supervisors, which 
 are regulated, and no doubt wisely regulated, by the general laws. 
 The city of Ogdensburgh is a part of the town of Oswegatehie, 
 and its citizens have their share in electing the supervisor of the 
 town, whose jurisdiction as a town officer extends over the city as 
 well as over the rest of the town for all town purposes. So long as 
 the city continues to be a part of the town, it is not right that any 
 of his duties and powers should be devolved upon the ward super- 
 visors, whose jurisdiction is much more limited. 
 
 If there be sufficient reason for making the proposed change, then 
 it should be made by a general law,, applicable to all cities and towns 
 similarly situated. 
 
 JOHN T. HOFFMAN. 
 
1869. 
 
 MEMORANDA OF OBJECTIONS 
 
 Midorsed on Sundry Bills returned, after Adjournment of the 
 Legislature, by the Governor to the Secretary' of State, unsigned. 
 
 An Act " to increase the rate of commutation of sentence to be 
 earned by convicts under the provisions of section 2, chapter 417, 
 of the laws of 1862, and the laws amendatory thereof." 
 
 Not Approved — The present law is sufficiently liberal and 
 works well. It gives assurance to convicts that patience in well-doing 
 will ensure moderate rewards, and that is enough. Frequent 
 changes in it are not to be encouraged. 
 
 Moreover, the commutation law places, to a certain extent, the 
 power of liberating a prisoner, before his sentence has expired, 
 practically, in the hands of the wardens. The Governor has no 
 means of checking their returns of good conduct, which are not 
 made periodically, but only as (by commutation) the sentence is 
 about to expire. The present law leaves quite enough power of this 
 nature in their hands. 
 
 An Act " to incorporate the Bethlehem Mutual Insurance Asso- 
 ciation, and to ratify its proceedings.'' 
 
 Not Approved — If this Company desires to have enlarged 
 powers it should reorganize under existing general laws. Such power 
 should not be conferred by reference (as in this bill) to an act which 
 has been repealed. 
 
 An Act " to amend the charter and to confer additional powers 
 upon the trustees of the village of Jamaica." 
 
 Not Approved — The amendments, among other things, provide 
 for the assessment of damages in cases of taking private lands for 
 public uses by commissioners to be appointed by the village trus- 
 tees. 
 
 This is clearly unconstitutional. See article 1, section 7, Con- 
 stitution of New York. 
 
MBSSAaBS OF Gov. Hoffman. 69 
 
 An Act " to incorporate the Harlem Yacht Club." 
 Not Approved — Because the objeot§ sought can be attained 
 under existing general laws. 
 
 An Act " to facilitate the extension of the Schoharie Valley 
 Railroad." 
 
 Not Approved — First section defective in allowing " name of 
 any person written by his or her order," &o., to be proof of consent 
 to bonding, without requiring any evidence of genuineness of signa- 
 ture or knowledge of contents. 
 
 Moreover, the bill, the title of which relates to Schoharie Valley 
 Sailroad only, makes provision for subscription of bonds not only for 
 that, but for another road called the Gallupsville Eailroad. 
 
 An Act to amend an act entitled " An act to incorporate the New 
 York and Long Island Bridge Company, for the purpose of con- 
 structing and maintaining a bridge over the East river, between the 
 city of New York and Queens county," passed April 16, 1867. 
 
 Not Approved — The third section gives unlimited power to 
 the Common Council of New York to subscribe for capital stock, or 
 to guaranty the entire principal and interest of the bonds of the 
 company, which is a private corporation. 
 
 An Act " to incorporate the Staten Island Bridge Company." 
 Not Approved — The title of the bill does not indicate its real 
 character or objects. The bill in fact incorporates a Perry and Ware- 
 housing Company with extraordinary and almost unlimited powers, 
 and with authority to erect such structures as it pleases on the shoals 
 or shallows in the Bay of New York, from Ellis Island past Robins 
 Island, and to appropriate the structures so erected to " any uses 
 to which they may be adapted." 
 
 An Act " to fix the bail of the overseer of highways of the town 
 of Hamburgh, in the county of Erie." 
 
 Not Approved — No good reason is assigned for making this 
 town, by special act, an exception to other towns in the State. 
 
 An Act " authorizing and requiring the town of Olean, in the 
 county of Cattaraugus, to purchase and acquire title in said town 
 for Buffalo and Washington Railroad Company." 
 
 Not Approved — Bill makes it the duty of certain town oflcers 
 to purchase right of way for the Company, and the Supervisors are 
 required to levy tax to pay the same. The Company is to deliver 
 its stock to the town in payment. No provision is made for obtaining 
 
70 Messages of Gov. Hoffman. 
 
 consent of majority of tax-payers, as is required in cases where towns 
 are bonded for railroad purposes. 
 
 An Act " to restrain dogs from running at large in the county of 
 Rockland." 
 
 Not Approved — Because it is improper legislation. The county 
 judge should not have such duties devolved on him. 
 
 An Act "to amend an act passed April 13, 1819, entitled 'An 
 Act to incorporate the members of the Genesee Annual Conference.' " 
 
 Not Approved — Because it is the same as Senate bill No. 1, 
 passed March 11, 1869 (see chapter 38, laws of 1869). 
 
 An Act " to extend the time for taking avail of certain provisions 
 of chapter eight hundred and four of the laws of eighteen hundred 
 and sixty-eight, entitled ' An Act for the disposition of the surplus 
 money arising from sales, pursuant to part three, chapter eight, title 
 fifteen of the Revised Statutes, entitled " Of the foreclosure of mort- 
 gages by advertisement.'" 
 
 Not Approved — The reference to " the provisions of the second 
 section of chapter 804, of the laws of 18Qg," made in the second sec- 
 tion of this bill, is evidently erroneous. 
 
 An Act " to widen and improve North Second street, in the city 
 of Brooklyn, and to regulate, grade, and pave the same." 
 
 Not Approved — Because the bill sent to me is the original 
 Senate bill. It passed the Assembly with an important amendment, 
 of which amendment the Senate appears to have had no notice. 
 
 An act to amend chapter six hundred and twenty-four of the laws 
 of eighteen hundred and sixty-six, entitled " An act to authorize the 
 towns of Wilna, Champlain, Rutland, Watertown, Honnsefield, 
 Philadelphia, Theresa, Clayton, Alexandria, Orleans, Brownville, 
 Antwerp, Pamelia, and Le Ray, in the county of Jefferson, and the 
 towns of Greig, Watson, New Bremen, and Croghan, in the county 
 of Lewis, to issue bonds, and subscribe and take, for said towns, 
 capital stock in the Utica and Black River Railroad Company." 
 
 Not Approved— Because, in effect, it dispenses with proof of 
 consent of tax-payers, required by the original act. 
 
 An Act to provide for widening West Street, in the city of 
 New York, on the westerly side thereof, from Battery place to 
 Hammond street. 
 
 Not Approved — 1st. Large number of property-holders re- 
 monstrate. 
 
Messages of Gov. Hoffman. 71 
 
 2. The municipal authorities have power, under existing laws, 
 to order the work to be done and the expense to be assessed on 
 property benefited. No special legislation necessary. 
 
 3d. I am opposed to the clause in this bill which puts three 
 fourths of the expense on the city at large. 
 
 An Act to open and construct a road from Stony Creek, in the 
 county of Warren, to Wellstown, in the county of Hamilton. 
 
 Nor Approved — Bill defective : 1. In not defining the power 
 of commissioners. 2. In not defining the lands the taxes upon 
 which are to be applied. These lots are all known in the Comp- 
 troller's office by numbers, and there is no way of determining 
 where the three-mile line would divide the taxes. The provisions 
 of the bill can not be executed. 
 
 An Act to provide for the erection of a Public Market in the 
 Twenty-first Ward of the City of New York. 
 
 Not Approved — All new markets in New York should be built 
 by associations of market men, or by other private persons with 
 private capital. 
 
 The public market system has not worked well, and should not 
 be extended. 
 
 If there be sufficient demand for a market in the Twenty-first 
 Ward, abundant private capital will come forward and construct it. 
 
 An Act to alter the map of the " Commissioners of the Central 
 Park," so far as it establishes a road or public drive running west- 
 erly of the Eleventh avenue from One Hundred and Fifty-sixth 
 street north, to the junction of said drive with the old military 
 road, on the property of the Institution for the Blind. 
 
 Not Approved — A personal inspection of the route of the 
 Boulevard, as laid out and as proposed to be changed, satisfies me 
 that the change is not desirable. But, beyond that, so long as a 
 competent commission is charged with the duty of laying out the 
 Boulevard, special legislation effecting changes should not be had 
 at the instance of interested parties, unless the benefit to be derived 
 therefrom is clear beyond all question. 
 
 An Act to repair the State works on the West Branch of the 
 Oswegatchie river to improve the navigation' thereof, and the 
 hydraulic power connected therewith. 
 
 Not Approved — The works referred to are not State works, 
 although the State has colitributed towards their erection. If the 
 State is to spend any more money upon them the State Engineer 
 
72 Messages of Gov. Hoffman. 
 
 should have superintendence of them. Except that report is to be 
 made to the Comptroller, no State officer has any connection with 
 the work. 
 
 Moreover, it seems to me better that the necessery expense of 
 the improvement should be raised by assessments, as provided in 
 the case of the Great Chazy river, chapter 289, Laws of 1868. 
 
 An Act to amend chapter 628 of the laws of 1857, entitled "An 
 act to suppress intemperance and to regulate the sale of intoxicating 
 liquors." 
 
 Not Appeoved — The amendment substitutes " a majority of 
 Excise commissioners," in place of " County Court of Sessions," to 
 revoke licenses. If the Court of Sessions is to be superseded at all 
 in this matter, it should be by the Board of Excise, not by a ma- 
 jority of it. 
 
 An Act to authorize the inhabitants of the town of Homer to 
 issue bonds for the completion and endowment of the Cortland 
 Academy at Homer. 
 
 Not Approved — This bill does not differ sufficiently from As- 
 sembly bill No. 472, authorizing a tax on the village of Adams for 
 the Hungerford Institute, to take it out from the operation of the 
 principle I laid down in my veto message of April 29, upon the 
 last-named bill. However meritorious may be the object sought 
 by the bill (and I believe it to be a meritorious one) I cannot re- 
 cognize the right of a majority to tax the minority for the purpose of 
 a gift of money to a private school, academy, &c. The admission of 
 free scholars from Homer does not make it a public school. 
 
 An Act to provide for the correction of errors in the equalization 
 of the assessments in the county of Columbia as made by a board of 
 supervisors. 
 
 Not Approved — If the policy declared by this law is a good 
 one it should be made general, and not applied to a single county. 
 
 I cannot, however, admit the propriety of the appointment of a 
 commission which, in the matter referred to in the bill, shall have 
 power to overrule the board of supervisors. 
 
 An Act to prevent nuisances near public schools. 
 
 Not Approved — This bill may injuriously and unnecessarily 
 affect legitimate business now established near public schools, as, 
 for instance, " livery stables or private stables," not per se nuisances. 
 The bill not merely forbids the future erection of such buildings 
 
Messages of Gov. Hoieman. 78 
 
 but the future use of them. It might, therefore, prevent the free 
 and lawful use of property by the owners thereof. 
 
 An Act to incorporate Clyde Water Works Company. 
 
 Not Appkoved — Section 5 authorizes " the corporation hereby 
 created," " to take, hold, and sell the bonds and securities of said 
 village or of any other corporation ; " it was obviously not the in- 
 tention of the Legislature to confer such broad powers upon a water 
 works company. 
 
 An Act to facilitate the construction of railroads in the counties 
 of Allegany, Cattaraugus, Monroe, and Wyoming, and to authorize 
 the towns therein to subscribe to the capital stock thereof. 
 
 Not Approved — On May 18, 1869, I signed the general law 
 providing for the Bonding of Towns, &c., for Railroad Purposes, 
 which is carefully drawn and well guarded. 
 
 The objects of this bill can be attained under the General Law. 
 Special acts for such purposes arfe no longer necessary. 
 
 An Act to authorize Smith and Parmelee Gold Company to issue 
 a preferred stock. 
 
 Not Approved — The bill provides for the conversion of the 
 whole or any portion of the stock of the company into a preferred 
 stock, upon the consent of a majority of its stockholders. It does 
 not protect the rights of the minority, as no stockholder can convert 
 his stock unless he elects within twenty days after service of a 
 notice personally or by mail. 
 
 No stockholder should be deprived of rights or property, by the 
 mere depositing in the post-office of a notice directed to him. 
 
 An Act to restore the channel of the Oswego river, at the city of 
 Oswego, to its capacity before the enlargement of the Oswego 
 canal. 
 
 Not Approved — No obligation exists on the part of the'State 
 to do the work contemplated by the bill, and the State Engineer 
 reports, after examination, that it would involve a large expenditure 
 for which the State would receive no benefit. 
 
 An Act to raise money to build a bridge in the town of Carrol, 
 Chatauqua county, N. T. 
 
 Not Approved — The bill fixes not only the maximum but the 
 minimum expenditures of the Highway Commissioners. 
 
 The object of the bill can now be attained under General Law of 
 1869, enlarging powers of Boards of Supervisors. 
 10 
 
74 Messages of Gov. Hoffman. 
 
 An Act to amend " An act to confer additional power upon the 
 Metropolitan Police, relating to the inspection of steam boilers," 
 passed April 9, 1862. 
 
 Not Approved — Policemen who are relieved from patrol duty 
 are detailed for the special work referred to in this bill. It is much 
 easier than patrol duty, and, like all detailed positions, much sought 
 after on that account. The Commissioners have not suggested extra 
 compensation, and there is nothing to justify it. 
 
 An Act prohibiting the Board of Commissionerfi of Excise, in the 
 counties of Allegany and Cattaraugus, from granting licenses to sell 
 strong and spirituous liquors and wines upon the Allegany and Cat- 
 taraugus Indian reservations, in this State. 
 
 Not Approved — The selling or giving of liquor to an Indian is 
 now forbidden by law (chap. 420, Laws of 1849). To the white 
 people within the district, the same laws should be applied as in 
 other parts of the State. 
 
 An Act to authorize the Mill Brook Log Company to improve 
 Mill Brook, in the county of Warren, leading from Lake Pharaoh to 
 Schroon lake, by tlie erection of dams and otherwise, and to provide 
 for appointing appraisers to appraise the damages that may accrue to 
 land-owners along said stream, on account of the use of and running 
 of logs by said company. 
 
 Not Approved — Mode of appointing commissioners for assessing 
 and determining damages unconstitutional. 
 
 An Act to incorporate the Fifth Avenue Savings Bank of New 
 York. 
 
 Not Approved — Section 3 omits to define the number of trus- 
 tees who shall constitute a quorum ; the omission is in the printed 
 bill also, and it must have passed in that shape. 
 
 An Act to amend chapter 350 of the Laws of 1862, being an act 
 entitled " An act authorizing the Supervisor of the town of Hemp- 
 stead, in Queens county, to call a special town meeting, to determine 
 by ballot whether the public lands of said town, called the Hemp- 
 stead Plains, shall be sold or not," passed April 19, 1862. 
 
 Not Approved — There are several thousand acres of Hemp- 
 stead Plains which the amended bill declares shall be sold in " one 
 parcel." I do not believe the amendment is calculated to secure a 
 fair sale. The reverse is pretty certain. 
 
Messages of Gov, Hoffman. 75 
 
 An Act to authorize the commissioners of highways to construct 
 bridges in the town of Ellisburgh, county of Jefferson, and to levy 
 tax for_that purpose. 
 
 Not Approved — Provided for by general laws. Town meeting 
 may levy $1,250 for the purpose in any year. Board of supervisors 
 may authorize any town to borrow |4,000 for same purpose. If the 
 sum required be larger than this, the commissioners should not be 
 authorized to borrow without consent of superior authorities, nor the 
 supervisors directed to levy what the commissioners choose to bor- 
 row, as this bill provides. No limit is imposed by the bill. 
 
 An Act to authorize the New York Kiver Eoad Company to con- 
 struct certain railroads in the city and county of New York and across 
 the Harlem River. 
 
 Not Approved — Amendments to this bill were made in the 
 Senate, and it was sent to the Assembly for their concurrence therein 
 Some members of the House inform me that the Assembly did not 
 thereafter act on it. The Clerk thinks it did not. The Assembly 
 journal, nevertheless, shows concurrence ; after which the bill should 
 have been sent to the Senate to be signed by the President thereof. 
 The usual message in such cases from the Assembly to the Senate is 
 not found with the bill, and the Senate journal does not show, that 
 the bill was returned to it. In case of its return, the bill would have 
 been sent by the Senate Clerk to the President of the Senate to be 
 signed, whereas the Journal Clerk of the Assembly admits that he 
 took it directly to the President of the Senate and obtained his signa- 
 ture ; he must have done so by managing to place it among the bills 
 then regularly before him from the Senate. This was irregular and 
 contrary to positive orders from the Lieutenant-Governor and the 
 Clerk of the Senate. 
 
 The Assembly Journal Clerk could have had no motive for carry- 
 ing the bill himself to the President of the Senate, if, by regular 
 action of the two houses, it had been properly on its way to that 
 officer. The Senate's journal is, no doubt, correct. The bill was 
 not returned, as it should have been, to the Senate, and I decline to 
 
 sign it. 
 
 .JOHN T. HOFFMAN. 
 
ANNUAL MESSAGE. 
 
 Executive Chamber, \ 
 
 Albany, January 4, 1870. J 
 To THE Legislature : 
 
 By the Constitution, the Grovernor is required " to communicate, 
 by message, to the Legislature, at every session, the condition of the 
 State, and necommend such matters to them as he shall judge expe- 
 dient." I proceed to discharge this duty. 
 
 State Debt. 
 
 The total net amount of the State debt was, on the 
 30th of September, 1868, thirty-eight millions, 
 eight hundred and sixty-four thousand, four 
 hundred and forty-eight dollars and seventy-four 
 cents $38,864,448 74 
 
 It was, on the 30th of September, 1869, thirty-four 
 millions, eight hundred and forty-eight thou- 
 sand, thirty-five dollars and seventy-three cents 34,848,035 73 
 
 Eeduction during the year, four millions, sixteen 
 thousand, four hundred and thirteen dollars and 
 onecent $4,016,413 01 
 
 Of this debt, there was in existence before the late 
 war, twelve millions, seven hundred and twenty- 
 five thousand, two hundred and ten dollars and 
 ninety-six cents $12,725,210 96 
 
 The residue is the unpaid portion of the bounty 
 debt incurred during the war, twenty-two millions, 
 one hundred and twenty-two thousand, eight 
 hundred and twenty-four dollars and seventy- 
 seven cents 22,122,824 77 
 
 The Sinking Funds, at their present rate of application, will ex- 
 tinguish the entire State indebtedness within eight years. 
 
Messages os Gov. Hoffman. 77 
 
 Interest on the State Debt. 
 
 I recommend that provision be made for the payment in coin, or 
 its equivalent, of the interest on that portion of the State debt which 
 was incurred before the late war, and of the principal thereof as it 
 matures. It was contracted in specie, and the honor and good faith 
 of the State forbid that either interest or principal should be paid 
 in a depreciated currency. Failure to pay this interest in gold oc- 
 curred first in 1863, and has continued to this time. This failure 
 was bad faith and bad policy. The State has for seve» years been 
 •repudiating a portion of its obligations, and I trust you will take 
 prompt measures to save it from further dishonor. 
 
 The Bounty Fund Debt was contracted in our present currency, 
 and the holders of the bonds claim nothing more than payment in 
 the same. 
 
 Receipts and Payments of the State Treasttry, During the 
 LAST Fiscal Year, on Account of all the Funds, except 
 the Canal and Free School Funds. 
 
 Balance in treasury on the 30th of September, 
 
 1868, seven hundred and forty-eight thousand 
 five hundred and twenty-one dollars and forty- 
 one cents $748,521 41 
 
 Beceipts of the year, seventeen millions forty-five 
 thousand eight hundred and twenty-six dollars 
 and forty-four cents 17,045,826 44 
 
 $17,794,347 85 
 Payments of the year, seventeen millions, five 
 hundred and thirty-two thousand, four hun- 
 dred and thirty-five dollars and sixty-eight 
 cents 17,532,435 68 
 
 Balance in the treasury on the 30th of September, 
 
 1869, two hundred and sixty-one thousand 
 nine hundred and twelve dollars and seventeen 
 
 cents 1261,912 17 
 
78 Mbssagbs of Gov. Hoffman. 
 
 Taxes. 
 
 The State tax levied in 1869 was five and five-eighths mills, for 
 the following purposes : 
 
 For schools li mills. 
 
 canals i mill. 
 
 general purposes IJ mills. 
 
 bounty debt , 2i mills. 
 
 The whole amount of State tax levied was ten millions, four hun- 
 dred and sixty-three thousand, one hundred and seventy-nine dollars 
 and thirty-three cents ($10,463,179.33). 
 
 Canals. 
 
 The following statement shows the condition of the Canal Fund 
 in the last fiscal year : 
 
 Balance in treasury and invested on the 1st Octo- 
 ber, 1868, four millions six hundred and ninety- 
 eight thousand nine hundred and twenty-two 
 dollars and forty-four cents $4,698,922 44 
 
 Keceived up to 30th September, 1869, six millions 
 one hundred and nineteen thousand nine hun- 
 
 ■ dred and eighty-five dollars and seventy cents.. 6,119,985 70 
 
 $10,818,908 14 
 
 Paid during the year ending 30th of September, 
 1869, six millions nine hundred and sixty-three 
 thousand nine hundred and sixty-three dollars 
 and fifty-five cents 6,963,963 55 
 
 Balance now on hand, three millions, eight hundred 
 and fifty-four thousand, nine hundred and forty- 
 four dollars and fifty-nine cents $3,854,944 59 
 
Messages op Gov. Hoffman. 79 
 
 Revenues op and Expenditures for the Canals during thi^ 
 LAST Fiscal Year. 
 
 Eeceipts from tolls, rents, interest on current re- 
 venues and miscellaneous, four millionsone hun- 
 dred and sixty-one thousand two hundred and 
 eighty dollars and ten cents $4,161,280 10 
 
 Payments for all expenses one million two hundred 
 and seventy-eight thousand five hundred and 
 seven dollars and fifty-two cents 1,278,507 52 
 
 Leaving a surplus revenue of two millions eight hun- 
 dred and eighty-two thousand seven hundred and 
 seventy-two dollars and fifty-eight cents $2,882,772 58 
 
 Which has been applied, in conformity with article seven of the 
 Constitution, as follows : 
 
 Sinking Fund under section 3, one million five 
 
 hundred thousand dollars, $1,500,000 00 
 
 Sinking Fund under section 3, one million three 
 
 hundred and eighty-two thousand seven hundred 
 
 and seventy-two dollars and fifty-eight cents, 1,382,772 58 
 
 $2,882,772 58 
 
 For the details of the State debt and expenditures, the business 
 of the canals, their revenues, expenses and condition, I respectively 
 refer you to the official reports of the Comptroller, State Engineer, 
 and Canal Auditor. 
 
 I need not repeat my general suggestions of last year in reference 
 to our canals, and the special and important relations which they 
 bear to the commerce and business, not only of our own State, but 
 of the great northwest. It is the duty, as it is the manifest interest 
 of the State to foster and protect them; more so now, even, than 
 before the construction of the lines of railway which connect the 
 western and northwestern States with the seaboard. These canals, 
 built before the days of railroads, to facilitate internal commerce, to 
 furnish a cheap and easy avenue of transportation for the products 
 
80 Messages op Gov. Hoffman. 
 
 of our own and other States through the interior to the Hudsou 
 river, still form, as I have said in a former message, an indispensable 
 link in the chain of water communication which continues to be of 
 great power and value, notwithstanding the improvements in the 
 method of land transportation. Properly managed, they will not 
 only serve the original purpose of their construction, but will act as 
 a check upon exorbitant charges of railroad corporations, and thus 
 keep down the price of transportation for the various articles mov- 
 ing eastward and westward, to the mutual benefit of producer and 
 consumer. 
 
 The necessity and value of water communication is as well recog- 
 nized everywhere now as heretofore. Within a few days I have 
 been applied to for information upon the subject for the guidance 
 of public men in Europe, who have in view a system of canals on a 
 very large scale, which shall connect Berlin and Dresden, and 
 Berlin and Erankfort-on-the-Main, and other important points. 
 At the request of the Governor of Iowa, also, I appointed, last au- 
 tumn, delegates to a convention held for the purpose of promoting 
 improvement in the navigation of the Wisconsin river ; a work in 
 which the people of this State have a deep interest, as it will make, 
 in connection with our canals, water communication complete from 
 the Mississippi river to the city of New York. Canals do not as 
 some say, belong to a past age, nor are they superseded and ren- 
 dered useless by the construction of railroads. Both canals and 
 railroads are essential to the full and rapid development not only 
 of our own State, but of our great northwestern neighbors, whose 
 interests and prosperity are so firmly interwoven with our own. 
 
 To the great grain-producing States of the west cheap transporta- 
 tion to the seaboard is a necessity, and especially so now when the 
 prices of their products are low. It is no less necessary to the 
 people of New York to have cheap transportation from the west ; for 
 our own agriculture no longer furnishes us with all the articles of 
 food we require. Other States can compete with us for the great 
 trade to and from the west by means of railroads ; but they cannot 
 in the traffic by canals, for they have not our advantages in the 
 natural level of surface. 
 
 In afibrding water transportation at low rates through the length 
 of our State we are contributing at once to our own prosperity and 
 that of others. The business relations between New York and the 
 States referred to have always been close ; it is our interest as well 
 as theirs that these relations should be maintained and extended. 
 For their sake as well as our own every barrier to a full and free 
 
Messages of Gov. Hoffman. 81 
 
 interchange of the products of their industry and ours should, if 
 possible, be removed. Our canals were not constructed with the 
 narrow view of levying a tax upon commerce, that the State might, 
 thereby, make money ; they were built for the purpose of affording 
 facilities to the internal trade of the country. The tolls should, 
 therefore, be put at low rates, and the canals be made free as far and 
 as fast as is practicable. 
 
 In the administration of the canals, there should be a wise and 
 prudent economy ; but in regard to this great interest the State 
 cannot afford to be parsimonious. The problem for solution is not 
 merely what is cheapest for the time, but what is the best system 
 for managing the canals so that the State and the people everywhere 
 may realize, to the fullest extent, now and hereafter, the great ad- 
 vantages they were designed to secure. Experience has shown that 
 they cannot, under existing laws, be so managed as to ensure the 
 best results for the State or for those who are engaged and interested 
 in the business of transportation. The contract system for repairs 
 has proved a failure, and I renew my recommendation of last year 
 that it be abolished. 
 
 Various objections have been and may continue to be interposed 
 to other methods, and it may be difficult to secure an agreement in 
 the Legislature upon any specific plan of management. 
 
 In view of this possibility and as the Constitution provides that 
 the canals shall remain the property of the State and be under its 
 management forever, I respectfully recommend that discretionary 
 powers, to the fullest extent permitted by the Constitution, over the 
 canals and everything connected with the working of them, be con- 
 ferred upon the Canal Board, to the end that they may adopt the 
 best practical plan or combination of plans. They are a constitu- 
 tional body which it seems to me may be properly charged with 
 such responsibility and duty. In their hands the State might be 
 enabled to realize all the benefits of both the contract and superin- 
 tendent systems, and be saved from the evils incident to either 
 alone. They could establish and enforce such police regulations as 
 would protect those engaged in navigation against the obstructions 
 and delays to which they are now often needlessly subjected. They 
 could contract for repairs when, in their judgment, it was most ad- 
 visable, and they could have work done under superintendents when 
 they considered the interests of the State would be thereby sub- 
 served. They could use what is good and reject what is bad in any 
 system ; and, knowing, as they are bound to know, the whole work 
 11 
 
82 Messages of Gov. Hoffman. 
 
 and its necessities, could, through the proper offices, secure the best 
 practical results, with the lowest possible expenditure. 
 
 It seems very certain that important reductions may be made in 
 canal tolls. Every interest demands that such reductions should be 
 made. I am informed that the Canal Board will recommend lower 
 rates, and I ask the prompt concurrence of the Legislature. 
 
 The State Engineer will, in his report, recommend certain specific 
 improvements. I ask for his recommendations your most favorable 
 consideration. 
 
 Education. 
 
 I submit the following statement in relation to common schools, 
 for the year ending September 30, 1869 : 
 
 Total receipts from all sources, including balance on hand at the 
 
 commencement of the fiscal year $11,310,852 22 
 
 Total expenditures 9,884,828 36 
 
 More than six millions was paid for teachers' wages, and nearly 
 two and a half millions for school-houses, sites, repairs, and furniture. 
 The exact "figures will appear by the report of the Superintendent of 
 Education. 
 
 There are in the state nearly one million and a half of children 
 of school age, about a million of whom attended the public schools 
 during some portion of the year ; while one hundred and twenty-six 
 thousand were attending private schools. 
 
 Six normal schools are also in full operation ; the attendance on 
 which, in the aggregate, amounts to four thousand two hundred. 
 
 The total number of public school houses is eleven thousand six 
 hundred and ninety-eight; and the estimated value of these, with 
 their sites, is more than eighteen millions of dollars. 
 
 These facts show the great proportions to which our common 
 school system has grown. There may be defects in it, but taken as 
 a whole, it commands and receives the hearty commendation and 
 the cordial support of the great body of the people. Under our 
 form of government, in which the voice of the people is so potential, 
 the State has a direct interest in so educating the masses that they 
 may intelligently understand their duties as citizens ; and no tax 
 should be paid more cheerfully than that which enables all, without 
 reference to station or condition, to acquire the rudiments of a good 
 English education. The Legislature should do all in its power to 
 sustain and perfect a system which aims to accomplish this result. 
 
Messages of Gov. Hoffman. 83 
 
 The condition of the colleges and academies of the State will ap- 
 pear from the annual report of the Kegents of the University. 
 
 State Prisons. 
 
 The report of the Comptroller will show, in detail, the expenses 
 and earnings of the several State prisons during the past year, and 
 give the necessary explanations thereof. 
 
 There have been, during the year, mutinous disturbances among 
 the convicts, and the expenses of the prisons continue to be largely 
 in excess of the earnings. I renew the objections made in my last 
 annual message to the contract system for the employment of the 
 prisoners' labor. It is a vicious one and should be abandoned. 
 
 The discipline of the prisons has been seriously affected by legis- 
 lation which has deprived their officers of nearly all discretion in 
 regard to punishment. I think the chief officer of each prison 
 should be clothed with the fullest discretionary powers in relation 
 to the character and amount of punishment, subject to the restric- 
 tion that it shall be inflicted only in his presence. 
 
 I submit to the Legislature that the subject of prison manage- 
 ment has become one of very great consequence and demands earnest 
 attention. More concentrated responsibility is needed, as well as 
 protection against frequent changes of administrative officers. It is 
 doubtful whether such results can be attained without an amendment 
 of the Constitution making an entire change in the system. 
 
 The commissioners appointed by me, pursuant to chapter 408 of 
 the Laws of 1869, to select a site and submit plans for the construc- 
 tion and management of a State Penitentiary will, I am informed, 
 make their report to the Legislature at an early day. 
 
 I have visited, during the year, all the State prisons, and given 
 personal hearing to a large number of convicts who desired to present 
 applications for executive clemency. The total number of apphca- 
 tions for pardon and commutation of punishment, presented person- 
 ally or in writing, and examined by me, is about six hundred. 
 Eighty-six pardons, and twenty commutations have been granted. 
 A full statement of the names, and of the reasons in each case, will 
 be transmitted to you hereafter. 
 
 Salt Speings. 
 
 The quantity of salt inspected from the Onondaga salt springs, 
 during the last fiscal year, was eight millions five hundred and 
 
8i Messages oe Gov, Hoffman. 
 
 thirty-four thousand six hundred and sixty-one bushels, a decrease 
 of production, compared with the previous year, of two hundred and 
 fifty-eight thousand eight hundred and fifty-three bushels. The 
 revenue for the year, from all sources, was eighty-five thousand 
 five hundred and thirty-one dollars and sixty-one cents ; the ex- 
 penses, forty-six thousand three hundred and eleven dollars and 
 fifty-nine cents ; the net revenue received by the State being thirty- 
 nine thousand two hundred and twenty dollars and two cents. 
 
 Insurance. 
 
 The number of insurance companies subject to the supervision of 
 the Insurance Department was, on the 1st of December, 1869, two 
 hundred and sixty-two. 
 
 Of these, many are incorporations created by other States or by 
 foreign countries, doing business within this State. 
 
 The total amount of stocks and mortgages held by the department 
 for the protection of policy holders of life and casualty insurance 
 companies of this State, and of foreign companies doing business 
 within it, is six millions seven hundred and thirty-six thousand 
 and ninety-two dollars. Of these, the value of four millions sixty- 
 one thousand one hundred and forty.two dollars in securities is 
 held for the protection generally of policy holders in life insurance 
 companies of this State. For the protection of registered policy 
 holders, exclusively, there are on hand securities to the amount of 
 nine hundred and thirty-seven thousand dollars. 
 
 Banks. 
 
 During the last fiscal year there have been returned, destroyed 
 and canceled, by the Bank Department, $315,316 of the circulating 
 notes of the banks of this State ; of which amount $46,364 were 
 the notes of incorporated banks, and $268,952 were the notes of 
 banks organized under the general banking law. The amount of 
 State bank circulation outstanding on the 30th of September last 
 was $2,639,059, of which $1,396,903 were notes of banking associa- 
 tions and individual bankers, organized under the general banking 
 law, and $1,242,156 were notes of incorporated banks. The whole 
 of the former and $372,072 of the latter are secured by bonds and 
 mortgages, G-overnment or State stocks, and cash deposited with 
 the Superintendent of the Bank Department, leaving but $870,084 
 
Messages of Gov. Hoffman. 85 
 
 of unsecured circulation outstanding, a large portion of which, it is 
 presumed, has been destroyed, and the remainder is always redeemed 
 on presentation by the representatives of the banks which issued the 
 same. 
 
 The total amount of securities held by the Superintendent of the 
 Bank Department at the close of the fiscal year was $3,058,156.94, 
 of which $2,138,517.23 were held for banking associations and 
 individual bankers, $394,260.78 for incorporated banks, and 
 1525,378.98 for incorporated trust companies. A detailed statement 
 of these securities will be found in the annual report of the Super- 
 intendent of the Bank Department. 
 
 Fifty-seven banks are now doing Isusiness under the laws of this 
 State, but, of course, issue no circulating notes. Of these six have 
 returned to the State system from the national, under the provisions 
 of the enabling act of 1867. Several other national banks are 
 reported as having in contemplation a similar change of organization. 
 
 One hundred and twenty-eight savings banks are now organized 
 and doing business in this State, with an aggregate of assets exceed- 
 ing $180,000,000. The magnitude and the importance of this in- 
 terest seem to demand a more intimate guardianship and more care- 
 ful supervision than is now afforded. An amendment to existing 
 laws requiring or at least authorizing a personal examination of 
 these institutions, under the direction of the Superintendent of the 
 Bank Department, would, in my judgment, worthily supplement 
 what has already been done in the direction of securing safety and 
 efficiency in their management, and in full disclosure of their real 
 condition for the information and greater security of their deposi- 
 tors. The subject is respectfully submitted to your favorable con- 
 sideration. 
 
 Military Affairs. 
 
 The uniformed militia, designated by law " The National Guard of 
 the State of New York," numbers 25,085 officers, non-commissioned 
 officers and privates, and consists of 
 
 Three Kegiments of Cavalry, 
 One Battalion of Cavalry, 
 Four Troops of Cavalry, 
 Three Battalions of Artillery, 
 Eight Batteries of Artillery, 
 Forty-seven Kegiments of Infantry, 
 Three Battalions of Infantry. 
 
86 Messages oe Gov. Hofeman. 
 
 The Legislature of 1869 authorized a reduction of the maximum 
 force to 20,000. Three regiments have already been mustered out, 
 and further disbandments are now in progress. 
 
 The report of the Adjutant-General, which will be transmitted to 
 you at an early day, contains many valuable suggestions, to which 
 I ask your favorable attention. He recommends, among other things, 
 a transfer to county authorities of arsenals not necessary for State 
 purposes ; the substitution of breech loaders of the kind adopted by 
 the War Department, in place of arms now in use, and a codification 
 of military laws containing important amendments. 
 
 The State Military agencies have, during the year, collected from 
 the United States for back pay, bounties and pensions, and paid over 
 to the several claimants, (14,829.22) fourteen thousand, eight hun- 
 dred and twenty-nine dollars and twenty-two cents. 
 
 Fifty thousand dollars was appropriated by the Legislature last 
 year to redeem certain certificates issued to the soldiers of the war 
 of 1812. Twenty-six hundred and thirty-one of these certificates, 
 exhausting the whole appropriation, have been examined and audited. 
 There are, I have reason to believe, many families of these old 
 soldiers, whose claims are yet unprovided for. They deserve your 
 favorable attention. 
 
 The first division of the National Guard, in the city of New York, 
 which numbers ten thousand men, feels seriously the want of a pro- 
 per parade ground. It has been suggested that the Central Park 
 Commissioners might be authorized to take lands in the vicinity of 
 the park for the purpose ; and it is believed by many that the ad- 
 ditional taxable value conferred on adjoining property will compen- 
 sate for the cost. I recommend this matter to your consideration. 
 
 Charities and Asylums. 
 
 I refer you to the official report of the Commissioners of Chari- 
 ties, which will be duly transmitted to you, for information in detail 
 of the operation of our several State charities. I recommend to your 
 favorable consideration the claims of the unfortunate classes to whose 
 relief the State asylums and other institutions are devoted. 
 
 I earnestly call your attention to the necessity of additional legis- 
 lation for the benefit of the insane poor throughout the State. 
 Their condition in the county poor-houses is deplorable. None are 
 so helpless ; none, for the most part, so friendless. They are often 
 abandoned by their relatives, who, whatever their inclination, have 
 not the means of giving them the care they need. No provision 
 
Messages of Gov. Hoffman. 87 
 
 suitable to their condition and their wants can be made on a small 
 scale. They require, generally, the discipline and the treatment 
 which can be had only in large, well organized institutions, under 
 the charge of men who have made this painful form of disease a 
 special study. It is impracticable for each county to provide pro- 
 perly for the few sufferers of this class who are found within its 
 limits. Their presence in the county poor houses is, from the in- 
 adequate care that can there be bestowed upon them, and from the 
 cruel restraint which is often of necessity resorted to, demoralizing 
 to the neighborhood. Interest, duty and charity demand that 
 further provision be made at once for this unfortunate class. The 
 State should provide asylums, with room for the poor thus afflicted 
 who cannot be taken care of otherwise, and the authorities of each 
 county should be required to send to them its insane poor, and to 
 pay such sum for their support while in the State institutions as may 
 be proper. The Willard Asylum, now in process of construction and 
 in partial operation, will have accommodations for two hundred and 
 fifty of this class, and the Hudson River Asylum, and the one to he 
 erected in the Eighth Judicial District, will also, when completed, ac- 
 commodate a limited number ; but it is estimated that there are now 
 more than fifteen hundred of insane poor in the State outside of the 
 counties of New York and Kings. 
 
 It is probable, that many of those who are classed among the in- 
 sane poor are so harmless or so manageable, that families and friends 
 could take care of them if pecuniary aid were contributed toward 
 their support. In such cases, the superintendents of the poor should 
 be authorized and required to pay to those who would assume their 
 care such weekly or monthly stipend as should be necessary and pro- 
 per. This would prevent the overcrowding of the State institutions, 
 yet add nothing to the county charges. 
 
 In connection with the subject of insanity, I respectfully suggest 
 that you will give favorable consideration to the application which 
 will be made on behalf of the State asylum at Utica, for authority 
 to appoint a special pathologist for the duty of making such investiga- 
 tions as seem to be now demanded by medical science. The reasons 
 for this will be fully stated in the report of the superintendent of 
 that institution, which will be transmitted to the Legislature. 
 
 The New Capitol. 
 
 The money thus far expended on the new Capitol, according to a 
 statement furnished me by the Comptroller, is one million three 
 
88 Messages or Gov. Hoffman, 
 
 hundred and sixty-three thousand five hundred and forty dollars and 
 fifty cents ($1,363,540 50), of which sum about one-half has been 
 paid for land. 
 
 The appropriation made last year was expended before the autumn 
 of 1869. It seemed to be clearly the interest of the State that the 
 work should not be interrupted, so long as the condition of the 
 weather permitted its continuance. An arrangement was made, 
 therefore, with the consent of the Executive and the Comptroller, 
 by which three hundred thousand dollars were advanced to the com- 
 missioners, and deposited with the Comptroller, to be drawn out on 
 proper vouchers. I recommend that provision be made for the re- 
 payment of this advance, and for carrying on this work during the 
 coming year. 
 
 Quarantine. 
 
 The hospital on West Bank, in the lower bay of New York, has 
 been finished. The structure to be used as a boarding station is 
 near completion. 
 
 The report of the commissioners will furnish more detailed in- 
 formation, and also the statistics in reference to diseases which are 
 subjected to quarantine. 
 
 The commissioners deem some further appropriation of money 
 necessary, in order to enable them still further to strengthen the 
 works under their charge. I recommend their suggestions to favor- 
 able and careful consideration. 
 
 Immigration. 
 
 During the past year the number of immigrants landed at the 
 port of New York, was 260,000 ; showing an increase, as compared 
 with the year 1868, of 46,314. 
 
 For more detailed information, I respectfully refer you to the 
 report of the Commissioners of Emmigration, which will be trans- 
 mitted to you at an early day. 
 
 GrENERAL AND SPECIAL LaWS. 
 
 At its last session I was obliged to dissent frequently from the 
 Legislature in reference to bills limited in their application to locali- 
 ites or affording relief in special cases, when, as it appeared to me, 
 the proper course would have been to amend the general laws per- 
 
Mkssasbs of Gov. Hoffman. 89 
 
 tainiag to the subject or to pass new general laws. The Legisla- 
 ture, on the reconsideration which the Constitution in such cases im- 
 poses upon it, in every instance concurred in and sustained my views. 
 Nevertheless, the Statute book of 1869 contains 920 acts, and is 
 almost as bulky a volume as that of any previous year. This multi- 
 plying of laws is a serious evil, and, in my judgment, unnecessary. 
 I recommend to you the careful examination of all existing gen- 
 eral laws, with a view to ascertain what amendments are necessary 
 in order to lessen the number of applications made at every session 
 for special legislation. 
 
 An important amendment to the general laws was passed at the last 
 session enlarging the powers of the boards of supervisors over roads 
 and bridges and other matters, in relation to which the Legislature 
 has heretofore been called upon to pass many special acts. I sub- 
 mit, for your consideration, whether the legislative powers of the 
 boards of supervisors over these and other subjects of strictly local 
 interest may not, advantageously, be still further enlarged. 
 
 The rapidly increasing population of Westchester and county 
 parts of Long Island, in the immediate vicinity of New York and 
 Brooklyn, renders necessary the laying out of roads and avenues 
 of a character which could not well be provided for in the general 
 laws applicable to other portions of the State. Hence, there are 
 frequent demands upon the Legislature to create special commissions 
 to 'take charge of such work. I recommend that a law be passed 
 covering all such cases in these localities, which will render future 
 applications to the Legislature unnecessary. 
 
 I recommend the enactment of' a general law providing for the 
 appraisal and payment of claims or damages arising or resulting 
 from matters connected with the canals. 
 
 I recommend, also, the examination of the general law passed at 
 the last session concerning savings banks, to the end that, if neces- 
 sary, it may be amended so that special charters for these insti- 
 tutions shall not hereafter be requisite; and that no special bills 
 for savings banks be passed at this session, unless the parties apply- 
 ing shall have complied with the general law of last session. 
 
 Also, that the general law for the organization of fire companies 
 in towns be amended ; it makes no provision for hook and ladder 
 and hose companies ; 
 
 Also, for your consideration, that the limit now imposed upon the 
 amount of property permitted to be held by literary, tuusical and 
 other societies be enlarged ; 
 12 
 
90 Messages of Gov. Hoffman. 
 
 Also, some provision, by general law, under which churches and 
 societies may alter their names, without coming to the Legislature 
 for authority to do so in every special instance. 
 
 I also recommend the careful examination of the general laws for 
 the incorporation of villages, to the end that a form of charter may 
 be provided under which the needs of every municipality of that 
 grade may be met, and that applications for special village charters, 
 and for amendments to charters, may no longer be necessary. I 
 also recommend that all existing village charters be, by the provi- 
 sions of the act suggested, made to conform to the general model of 
 the proposed perfected law. The charter of the village of Owego is 
 to be found complete only by reference to fourteen separate acts of 
 the Legislature, passed at as many separate sessions. A fifteenth 
 amended charter was proposed last session, but failed to obtain the 
 executive approval. There seems to me to be no reason why vil- 
 lage charters should not be, like our town governments, uniform in 
 character. 
 
 I recommend that all laws which have been passed, conflicting 
 with the principle of uniformity in town governments, such as those 
 which, in special instances, permit the votes for town officers to be 
 taken by election districts, instead of in town meeting, be repealed. 
 
 There is a defect in the law providing for two justices of the 
 peace to sit as justices of the sessions and of the court of Oyer and 
 Terminer. Section 40 of chap. 280 of the Laws of 1847, provides 
 that in case of absence of any justice of the sessions from any sit- 
 ting of the court, or in case the office of any of the two justices of 
 the peace who have been chosen justices of the sessions shall be 
 vacant, the county judge may designate some other justice of the 
 peace to act. Section 35 of chap. 470 of the Laws of 1847, so 
 amends the first named section as to leave no provision for appoint- 
 ment in the case of a vacancy. In a recent instance, by reason of 
 this omission, the court of sessions could not be organized. I 
 recommend the immediate passage of an act to remedy the defect. 
 
 I deem it unnecessary to present arguments in support of these 
 several recommendations, believing that the mere statement of the 
 propositions will secure for them the approval of the Legislature. 
 
 Conspiracy Laws. 
 
 A statute of this State declares it to be a misdemeanor for " two 
 or more persons to conspire to commit any act injurious to trade or 
 commerce." Such a conspiracy, if it assumes a magnitude which 
 
Messages of Gov. Hofeman. 91 
 
 seriously threatens or affects the public welfare, deserves and should 
 receive its proper punishment. This statute, however, has for the 
 most part, since its adoption, more than forty years ago, been of 
 little practical value. I cannot find, after a careful examination,* 
 that its provisions have ever been successfully invoked against capi- 
 talists or others for combining to raise the prices of grain, coal and 
 other articles necessary for the comfort of the whole people, or to 
 reduce the rate of wages. It has however been evoked on several 
 occasions against and been by the courts construed to apply to 
 journeymen and others for combining to raise the rate of wages, or 
 to make and enforce regulations which they deemed necessary for 
 their mutual welfare. Cases have recently occurred in Westchester 
 county where the law has been enforced against persons engaged in 
 the last named combinations. I do not believe that the existence 
 of a statute which can be so construed as to make such acts criminal 
 is productive of any public benefit. I do believe it to be productive 
 rather of public evil. Like all other laws which from their nature 
 are likely to be executed unequally, it operates, when it operates at 
 all, oppressively. ' 
 
 I recommend, therefore, a repeal of this conspiracy law, or such a 
 modification of it as, while it forbids a conspiracy to injure the 
 general trade and commerce of the State or country, will do away 
 with that judicial construction which makes it equally criminal for 
 citizens to combine for the purpose of securing an increase of the 
 wages of labor, or of establishing and maintaining prudential regula- 
 tions for their mutual interest and protection. 
 
 Injunctions and Receivers. 
 
 I recommend also the passage of a law forbidding the granting of 
 injunctions or the appointing of receivers in cases affecting moneyed 
 and other corporations on ex-parte applications. I think it would 
 be far better even that the writ of injunction should be abolished 
 altogether than that it should continue to be the cause uf the un- 
 seemly collisions between judges which have been frequent for 
 some years past. 
 
 ' Apprentice Laws. 
 
 I am informed that application will be made to the Legislature 
 for a revision of the laws relating to apprentices. One of the com- 
 plaints against the existing statutes is that, while they impose severe 
 penalties upon apprentices for violation of the provisions of their 
 
92 Messages of Gov. Hoffmajst. 
 
 indentures, they do not afford sufficient protection to the apprentices 
 themselves. It is claimed, and with justice, that the employer 
 should not only be bound to thoroughly instruct his apprentice in all 
 the mysteries of his business and calling, but that proper penalties 
 should be imposed upon, him for violation of this duty. The State 
 should make due provision for the enforcement of all contracts a:t- 
 fecting persons under age ; and it is the interest of the community 
 to secure the greatest amount of skilled labor in all mechanical occu- 
 pations. I recommend the whole subject of revising the apprentice 
 laws to your prompt and careful consideration. 
 
 Eevision or Statutes. 
 
 I again invite your attention to the importance of a revision of 
 the statutes of this State. During the first forty-eight years of our 
 history, the Legislature provided for four different revisions. The 
 last act for that purpose was passed on the 21st of April, 1825, and 
 the last revision was completed in 1828. Since that time a new 
 Constitution has been put in force ; the State courts have been re- 
 organized ; a new system of practice has been adopted, and many 
 acts have been passed, materially affecting the provisions of previous 
 laws. These changes, so numerous and important, and extending, as 
 they now do, through at least fifty volumes, create great difficulty, 
 and sometimes uncertainty, in ascertaining the exact state of the law. 
 
 A new revision, by which all laws of a general nature shall be 
 collected together and the various acts relating to the same subject 
 arranged and consolidated, is greatly needed. 
 
 New JtrDiciART. 
 
 The amended Constitution proposed by the Convention which 
 closed its sessions February 28, 1868, was submitted to the electors 
 at the last general election, pursuant to chapter 318 of the Laws of 
 1869, and that portion known as the Judiciary Article was adopted. 
 
 It will be the duty of the Legislature to pass the necessary laws 
 to carry into full working operation this article, which becomes the 
 sixth article of the Constitution of the State, and I recommend that 
 it be done as early in the session as may be practicable. 
 
 Eegistry and Election Laws. 
 
 I respectfully call the attention of the Legislature to the want of 
 uniformity in the registry and election laws of the State. All laws 
 
Messages of Got.. Hoffman. 93: 
 
 relating to elections should be uniform in their principles, and 
 general in their application. 
 
 The open and corrupt use of money at the polls and elsewhere to 
 control elections is a great evil and demands your earnest attention. 
 The laws which aim to secure the people; in their right of speaking- 
 through the ballot-box should be stringent and rigorously enforced. 
 They should not embarrass the electors, yet they should guard, with 
 the greatest care, against frauds at the polls or in the canvass. The 
 Legislature should spare no efforts in this direction. It is to be 
 &ared, however, that no laws, though carefully and skillfully, de- 
 vised, can protect the purity of the ballot-box, unless your legisla- 
 tion can reach what is the fundamental evil r the corrupt use of 
 money in elections. 
 
 In considering this subject, it must not be overlooked that grave 
 doubts are expressed by very intelligent men, whether our present 
 registry laws, while they oftentimes embarrass honest voters, are, in 
 any material degree, effective for the prevention of frauds ; and 
 there are many who believe, after a fair and full trial of them, that 
 far better results would be attained by providing everywhere for the 
 establishment of smaller polling-districts and the full and free ex- 
 ercise of the privilege of challenge on the day of election. The 
 subject is of the greatest importance and demands your earnest con- 
 sideration ; for the whole system of our government depends upon 
 maintaining and preserving the purity of elections. 
 
 Criminal Law. 
 
 There are frequent cases of murder, as the crime is now defined, 
 in which the jury are unwilling to convict, because of so little de- 
 liberation in the act, that they think it does not deserve the punish- 
 ment of death. They acquit or find a verdict of manslaughter in 
 some inferior degree ; or they convict of murder with a recommenda- 
 tion to mercy, and so throw upon the Executive the responsibility 
 of deciding whether the death penalty shall be enforced. A simple 
 change in the statute would, in my judgment, secure a far better 
 administration of criminal law and a more certain punishment of 
 crime than is now attained. I earnestly renew the recommendation 
 made last year, that express provision be made by statute, that in 
 all cases of murder, where the degree of premeditation or the cir- 
 cumstances attending the homicide do not, in the opinion of the 
 jury, justify punishment by death, they may render a verdict of 
 
94 Messages oe Gov. Hoffman. 
 
 murder in a less degree, to be punished by imprisonment for life or 
 for a term of years, in the discretion of the court. 
 
 By existing provisions of law, courts of sessions have the power, 
 in cases of conviction by them, to grant new trials upon the merits, 
 or for irregularity, or on the ground of newly discovered evidence. 
 I recommend that the same power be conferred upon the Oyer and 
 Terminer or upon the Supreme Court in cases of conviction by the 
 Oyer and Terminer. 
 
 I also suggest, for your consideration, whether it would not be 
 well, to abolish, as has been done in England and in some of the 
 States, the common law rule which forbids the trial of an accessory 
 to a felony until after the conviction of the principal offender. It 
 often operates to screen guilty men from punishmeat, and so to de- 
 feat the ends of justice. 
 
 Excise Laws. 
 
 In my last annual message I recommended the repeal of the Metro- 
 politan District Excise Law for the reason, among others, that it 
 was local and not general, that its provisions were unnecessarily 
 harsh, needlessly violated private rights, and unduly. interfered with 
 the social customs of large numbers of sober, temperate, law-abiding 
 citizens, whose enjoyment of such customs did not prejudice general 
 morals or public order. This law also authorizes arrest without 
 warrant ; and under its operation a system of espionage has grown 
 up as degrading to the police who are compelled to carry it out, as 
 it is to the people who suffer from it. For these reasons I again 
 recommend its repeal. 
 
 Excise laws should be uniform in principle, and general in their 
 appplication throughout the State, regulating the sale of intoxicating 
 liquors under due restrictions as to time and place, aiming to secure 
 order and decorum on every day of the week, fully recognizing the 
 general sentiment prevailing in favor of a proper observance of 
 Sunday (as has always been done in the statutes of the State from 
 the earliest period of its history), yet free from the intolerant pro- 
 visions which characterize the present Metropolitan District Law, 
 and which are wholly unnecessary to the attainment of these ends. 
 
 Boards of excise should consist of, or be appointed by some local 
 authority. I recommend the abolition of the county boards as now 
 organized throughout the State, and the substitution of local boards, 
 to be composed of the supervisors and justices of the peace of the 
 several towns. This was the old system under the Revised Statutes, 
 
Messages oe Gov. Hoeeman. 95 
 
 and it has not, in my judgment, been improved upon by the sub- 
 sequent legislation. In villages, the board might properly consist 
 of the president and board of trustees, and in cities be appointed by 
 the mayor. • 
 
 Commissions and City Governments. 
 
 The Constitution of 1846, recognized, for the purposes of local 
 governments, counties, cities, towns and villages, and no other ter- 
 ritorial divisions, and provided that the officers thereof should be 
 elected by the electors of such counties, cities, towns and villages, 
 or of some division thereof, or appointed by such authorities thereof 
 as the Legislature should designate. This provision was intended 
 to secure the right of self-government in local affairs against any 
 possible encroachment or violation. For the purpose of evading it, 
 the Legislature created new districts (so-called), made up of two or 
 more adjoining counties, and established within their limits various 
 independent boards and commissions, in which all powers relating 
 to police, fire, excise and health, or some of these subjects, are vested, 
 and the members of which commissions are not elected by the people 
 of the localities or appointed by the authorities thereof. The con- 
 stitutionality of this legislation was affirmed by the Court of Ap- 
 peals ; although it is hardly denied that it is an evasion of the spirit 
 of the Constitution. The effect was, in every instance, practically, 
 to give to the political minority in the districts the power, through 
 the central authority at the Capital, of governing the majority. 
 
 It cannot be denied that there were evils in municipal governments 
 existing at the time, which were seized upon as a pretext for this 
 extraordinary legislation. The intelligent sentiment of the commu- 
 nity to-day declares that such legislation was unwise, and that the 
 true remedy for the evils complained of was not in laws of the charac- 
 ter mentioned, but in a thorough reorganization of municipal govern- 
 ments upon sound principles. I have always been opposed to the 
 laws referred to, and have recommended, and do now recommend, 
 their repeal, and a thorough revision of the charters of the cities 
 embraced in any of these districts, in order to insure an early return 
 to the system of local self-government as guarantied by the Constitu- 
 tion. Existing charters are radically defective, inasmuch as there 
 is an almost entire absence of executive power in the mayor ; and, 
 as I aaid in my last annual message, no good government can be se- 
 cured to any great city unless it shall have a responsible head, in 
 whom shall be vested all executive power, and to whom, as the 
 elected representative of the people, all departments charged with 
 
96 Messages of Gov. Hoffman. 
 
 administrative duties shall be directly and summarily responsible and 
 accountable I believe this to be the very foundation stone of a good 
 structure of municipal government. 
 
 This subject is one in which the people of the whole State feel a 
 deep interest, and in regard to which they will expect prompt and 
 judicious legislative action. 
 
 Eaely Legislation. 
 
 It is the practice to submit the annual tax levies of the city and 
 county of New York to the Legislature for approval. For many 
 years past, the consideration of these and of the several appropriation 
 bills for the State government has been delayed until a late period 
 of the session. The Executive is, by this delay, practically deprived 
 of the opportunity to presentobjections, if any he has, to the provisions 
 of these important bills, to the end that, if his objections, upon recon- 
 sideration by the Legislature, be deemed valid, the bills may be 
 amended. Not only these but many other bills of great importance 
 were, last year, presented to me at the very end of the session, so 
 that no alternative was left to me but to approve, notwithstanding 
 some objectionable details, or disapprove the bills and let them fail 
 to become laws, at great public inconvenience. For these reasons, I 
 recommend that the city and county tax levies, as well as all bills 
 appropriating moneys for the support of the State government, be 
 taken up early in the session ; and also that the consideration of other 
 bills of great general importance be postponed no longer than the 
 State of public business makes necessary. 
 
 I have now, as far as it seems to me necessary, presented to you 
 facts and suggestions connected with the condition of our own State. 
 
 Our especial duty is to promote the public good, by laboring to 
 secure a more prudent, honest and economical home government. 
 
 Recognizing the goodness of God, grateful to Him for all His 
 mercies, acknowledging our dependence upon Him, looking to Him 
 for wisdom and guidance, trusting Him to lead us through all the 
 dangers which beset us, let us all, in our respective spheres, labor 
 to secure to the State and to the country substantial prosperity and 
 real and enduring peace. 
 
 Federal Affairs. 
 
 The people of this State are deeply concerned in a wise adminis- 
 tration of Federal affairs. As representing them, I believe it to 
 
Messages of Gov. Hoffman. 97 
 
 be my duty, before closing tbis message, to call attention to, and to 
 protest against, whatever, in the policy of. the general government, 
 strikes at their commercial and agricultural interests, or is, in any 
 way, prejudicial to their welfare. » 
 
 I protest against the revolutionary course of Congress with refer- 
 ence to amendments of the Constitution of the United States ; by 
 which, among their other 'efforts at centralization, they seek the 
 absolute control of elections in the States. Powerless themselves 
 to amend it by direct act, and unable to procure the voluntary con- 
 sent of three-fourths of the States, they force the consent of the 
 Southern States as a condition to representation, and thus override 
 and nullify the will of others, whose proper relations to the Federal 
 Government have never been interrupted, and whom they cannot 
 constrain. 
 
 I protest against the action of both Congress and the President 
 of the United States in subjecting the people of Greorgia anew to 
 military power, their State government being in full operation, and 
 the restoration of their constitutional relations with the Federal Grov- 
 ernment having been recognized by the Federal authorities as com- 
 plete. 
 
 I protest against the longer exclusion, from representation, of 
 any of the States ; if any one be excluded, the rights of all are un- 
 settled, and the harmony of our government is destroyed. 
 
 Tariff. 
 
 I protest against the favoritism of our present tariff laws, which 
 have, virtually, destroyed American shipping and which bear oppres- 
 sively upon the masses of the people and especially upon the great 
 agricultural States, between whom and our own State the relations 
 are close and intimate, and upon whose prosperity and freedom from 
 unjust exactions depend largely the welfare of the whole country, 
 and its ability to defend its honor and pay its debts. I protest 
 against postponing, as has been suggested by the President of the 
 United States, the revision of these laws. The evils connected 
 with them are already of long continuance, and immediate relief is 
 required. 
 
 Our taxation for the accumulated responsibilities and present cost 
 
 of the Federal government is heavy; its weight will befelt'the more 
 
 severely now that low prices for our agricultural and other products 
 
 are likely to prevail. The people submit cheerfully to all taxes 
 
 13 
 
98 Messages bF Gov. Hoffman. 
 
 necessary for tlie support of the government and of its credit. They 
 have a right to demand, however, that the bUrden of a very heavy 
 taxation shall be fairly and equally adjusted, and so adjusted as to 
 interfere as little as possible with their daily comfott. It is the 
 direct interest of the people at large tiiat they shall be able to buy 
 cheaply whatever they have to buy. Our present tariflF of duties 
 on imports compels the many ■ to pay high prices for the betaefit of 
 a few. Although enacted during the great need of the government, 
 it was, nevertheless, framed, not for the one great end of giviiig the 
 Federal treasury the largest income, but with the view of favoring 
 certain special private interests. No government has a right to tax, 
 except to obtain its necessary revenue. To impose taxes upon 
 articles of daily heed for the mere purpose, by increasing their price, 
 of favoring the capitalists engaged in their manufacture or produc- 
 tion is an abuse of the taxing power. So long as laws are enacted 
 upon this principle, powerful cbmbinations will be formed among 
 those whose special interests are to be beneficially affected by them, 
 td push through schemes which fa voir their private business, re- 
 gardless of the interests alike of the people and of the Federal 
 treasury. 
 
 Laws of this nature tend to the building up of moneyed monopolies, 
 to the aggregation of capital in few hands, and to the creation and 
 strengthening of an illegitimate influence to which Congress becomes 
 more and more subject. In enforcing duties intended to be prohi- 
 bitory, an extraordinary and very costly body of officials is made 
 necessary, the temptation to smuggling and fraud is increased, and 
 official delinquency is made common ; evils which would be avoided 
 while the revenue would not be decreased, by a return to the simple 
 duty of governmetit, and to moderate imposts. 
 
 To make a just tariff of duties the principle of favoritism should 
 be abandoned altogether. If the principle be admitted, no limit 
 can be placed on the abuses under it. 
 
 General Finances. 
 
 I protest against the continuance of a financial policy which fails 
 either to strengthen the public credit, or to diminish the people's 
 burdens ; which keeps values uncertain and unsettled ; 'Which baffles 
 business foresight ; which, while permitting the sale of government 
 gold, leaves the country subject to all the evils of an irredeemable 
 paper currency ; which threatens to withdraw from the people what 
 is now in use as money before providing a substitute ; which, un- 
 
Messages op Q-ov. Hoefmait. 99 
 
 defined in character and variable in action, exposes the business of 
 the country constantly to the chances of disastrous panics j which 
 seeks to exert a fluctuating control over the gold market, instead of 
 making steady progress towards permanent soundness in financial* 
 condition ; which can suggest no method of meeting the legal tender 
 promises, except to get them back from the people by a process of 
 contraction both painful and dangerous j which neglects to redeem 
 the legal tender notes held everywhere among the people, yet, with 
 the proceeds of excessive taxation, purchases, at a premium, bonds 
 that the government is under no obligation to pay for nearly fifteen 
 years j which saves a few millions annually in interest on the bonds 
 thus purchased, when, by raising the credit qi the country to its 
 proper level, many millions more could be saved by the negotiation 
 pf a new loan at a lower rate of interest ; whicji assumes that the 
 rate of interest on our bonds can be lowered at the sole will of the 
 borrower, or that capitalists who now hold bonds paying six per cent 
 interest in jgold, can be persuaded to exchange them vpluntarily for 
 bonds bearing only four and a half per cent ; which, failing to devise 
 a permanent financial system to which the business of the country 
 could, without undue sacrifices, conform, substitutes a series of ex- 
 periments that entail losses upon individuals, without contributing 
 to the general good ; which suggests no remedy for the fluctuating 
 value of the legal tender notes, except that the government shall 
 redeem these promises at a price fixed by itself, which is to be less 
 than their face, or^ in other words, repudiate so much of its obliga- 
 tions ; and which, by failing to secure the confidence of the capi- 
 talists pf the world, keeps the governnjent securities below par in 
 gold everywhere, when in view of the vast resources of the country 
 they should, even at five per cent, interest, command a premium. 
 
 We are enduring great evils from oiir irredeemable currency. 
 The financial panic, which occurred in New York in September last, 
 threatened, for a time, widespread disaster. A very- little increase 
 of the then prevailing distrust might have thrown the whole busi- 
 ness pf the country into confusion. That panic would not have 
 been possible but fpr pur having in use as money something which, 
 lacking the intrinsic worth of the precious metals, must depend, for 
 its current estimated value, upon the caprices- of opinion. 
 
 Money of shifting value is a curse tp the great bedy pf the people. 
 It renders the rate of wages delusive, counteracts and defeats the 
 economy' of the household, and makes the savings of labor, laid up 
 at the cost of much self-denial, of uncertain and variable value. 
 If we would avpid discpuraging regular industry, and fostering, in 
 
100 Messages of Gov. Hoffman. 
 
 its stead, a spirit of speculation, the money which we use to denote 
 the value of what we have to buy and sell every day, and in which 
 we fix the rate of wages, must be constant in its own value, and not 
 liable to capricious fluctuations. 
 
 It is a misfortune that we ever departed from the use of the 
 money of the Constitution. Sooner or later we shall be obliged to 
 go back to it. We have before us the alternatives of returning to 
 a sound condition by wise and prudent efforts of our own, or of 
 awaiting the possible advent of a financial panic of greater intensity 
 than any we have yet witnessed, and a return to specie payments, 
 at the cost of great and protracted suffering, by the operation of 
 self-enforcing laws which are above our control. 
 
 I do not believe that any contraction of the legal tender currency 
 is necessary in order to reach specie payments. The amount of 
 such paper is limited, and it is not seriously depreciated. We have 
 not, as some other countries have done, issued paper money with- 
 out limit and to an unmanageable extent, making the depreciation 
 of it so great as to render it almost worthless and its restoration to 
 par hopeless. The whole sum of the legal tender notes, scarcely ex- 
 ceeds the amount of coin received in two years at our custom houses. 
 The amount of legal tender notes afloat on the 1st of December last, 
 was, including fractional currency, $395,000,000. The present annual 
 gold income of the treasury, from import duties, is $180,000,000. 
 With the abundant resources of the Federal treasury it ought to be, 
 and it is possible, to leave this currency at its present quantity, and 
 yet put it, at no very distant period, at par ; and thus to give settled 
 prosperity to the people and save them the distress which will attend 
 contraction. 
 
 After the peace of 1815, England returned to specie payments by 
 contracting the volume of her paper money. She had no other means 
 of reaching the result. She was not, as we are, a gold producing 
 country ; and was obliged, therefore, to curtail her paper currency so 
 as to force gold to flow in to her from abroad. In consequence of 
 this policy, the trade and business of her people were crippled, gen- 
 eral distress ensued, and immense numbers of those who lived by 
 wages were deprived of their proper employment and condemned to 
 idleness and want. The ten years from 1815 to 1825 was a period 
 of fearful suffering in England and of repeated and most disastrous 
 financial convulsions. We should take warning from her expe- 
 rience. We have no occasion to force gold into this country from 
 abroad. We produce it largely at home, and all we need to do is to 
 retain enough of our own product to effect our purpose. 
 
Messages of Gov. Hoffman. 101 
 
 The government is as much bound to pay its legal tender notes as 
 its bonds. I am for paying both in full, and against the repudiation 
 of any portion of either. 
 
 The legal tender notes are promises of the government to pay 
 money, that is, gold coin, on demand. -They are in the pockets of 
 the laborer and the farmer, in the tills of tradesmen, in the vaults 
 of the banks as a part of and as security for the deposits of the 
 people, which deposits constitute available capital essential to daily 
 business. 
 
 The Federal treasury, in the hour of its need, forced this irredeem- 
 able paper on the people ; it is a matter of simple duty, now, in the 
 time of its abundant resources, to redeem it. This paper displaced 
 the coin which was before in use. The business of the country has 
 adapted itself to the existing quantity of our present lawful money, 
 and the people rely upon this legal tender paper wherewith to pay 
 all ordinary debts ; it is the substance, too, in which bank notes are 
 redeemed, and in which all that vast aggregate of indebtedness, known 
 as bank deposits, is payable. On this paper, therefore, the whole 
 structure of our internal business now rests ; and upon its sound- 
 ness is dependent the substantial prosperity of the people. It is 
 bad faith to the people to lessen its quantity, or to take from it its 
 legal tender quality, until it is paid. 
 
 When coin occupied the same place in our money system which 
 is now held by the legal tender notes, any serious withdrawal, from 
 whatever cause, of the gold then in use from the general circula- 
 tion, invariably produced financial trouble. The withdrawal of legal 
 tender notes now must be followed by like trouble. The theory of 
 those who advocate contraction, is that so soon as the legal tender 
 notes shall have been reduced to 1250,000,000, or some other theore- 
 tical sum, the government will be able to make this reduced quan- 
 tity redeemable in coin, and so put the notes at par with gold. If 
 it will be possible to put the lesser quantity at par by making it 
 redeemable, it is obvious that, with a little more effort, the present 
 quantity can be made redeemable and put at par ; and this effort is 
 due from the government to the people. 
 
 The Federal government is bound to restore coin to the place 
 which it formerly occupied in the business of the country, and from 
 which the treasury, for its own convenience, displaced it. It should 
 be ready to substitute coin in the general circulation before it under- 
 takes to withdraw legal tender notes ; otherwise the withdrawal of 
 the paper amounts to an absolute destruction of so much of our stock 
 of lawful money, and, practically, of so much of the people's capital 
 
102 Messages of Gov. Hoffman, 
 
 in the form of ready money. Such withdrawal would lessen every- 
 where the resources of paying debts, make all debts less secure, 
 diminish confidence and render disastrous panics probable. 
 
 Two kinds of money of unequal value will not circulate together. 
 The government, therefore, cannot make coin take the place, in 
 general circulation, of any portion of the notes which may be with- 
 drawn, until the notes are first rendered equivalent to coin. This 
 can only be done by making them redeemable in coin on demand. 
 And it must be borne in mind that this is all that is necessary to be 
 done to restore general specie payments. The banks are not in a 
 state of suspension ; they redeem their notes and pay their other 
 debts in the lawful money of the country ; if that lawful money were 
 to-day equivalent to coin, they would find themselves and all their 
 customers paying specie without any effort on their part and without 
 any distress. It is the government, and the government only, which 
 has suspended payment; the legal tender notes alone which are 
 irredeemable. When the Federal treasury is ready to redeem its 
 legal tender promises in gold, as fast as the public are likely to pre- 
 sent them, specie payments are thereby resumed, all over the country, 
 without further effort on the part of any one and without incon- 
 venience to the people. Then, and not now, will be the proper time 
 for taking in the paper ; for such contraction can do no mischief. 
 It will in fact be no contraction. The treasury may then cancel 
 every note so soon as it is paid ; for, gold and the notes being at par, 
 the coin paid out of the treasury will enter into the general circula- 
 tion in place of the notes redeemed ; and no diminution of the stock 
 of lawful money in use will be forced on the people. 
 
 The essential evil of our present lawful money is to be found not 
 in its quantity, but in the fact that it is not redeemable ; it is, for 
 that reason, depreciated. A less quantity would as certainly be de- 
 preciated, if that leas quantity continued to be irredeemable. Even 
 a single note, issued by the government, or by any other debtor, 
 without provision made for its payment, would become depreciated. 
 
 The remedy which wisdom suggests is to make the notes redeem- 
 able, without pausing to discuss the question of how much money 
 the people ought to have in use. In looking back, we see that when 
 our money was good in quality, no apprehensions were felt that too 
 much of it would be used. The government passed through its 
 mint all the gold the people chose to have coined. Political econo- 
 mists and statesmen may speculate, as they do, as to how much money 
 is necessary and proper for the business of a country ; but this is a 
 question beyond their wisdom. If the government will take care 
 
Messages of Gov. Hoffman. 103 
 
 that the money it issues is good, tlie people will regulate the 
 quantity to be used, by their needs. 
 
 It is the special duty of the Federal treasury, the issue of whose 
 irredeemable paper has brought us to our present condition, to see 
 to it that there is an ample supply of coin retained in the country so 
 as to make the transition from our present currency to gold both 
 easy and permanent. It seems obvious that this supply of gold 
 should be in the Federal treasury, which is responsible for the only 
 irredeemable paper now afloat, so that the coin may be ready, when 
 the proper time comes, to flow promptly out of the treasury into 
 general circulation in exchange for the notes redeemed. 
 
 The first great duty of the government is to make its legal tender 
 promises as good as gold. Having thus established its credit, it will 
 find no difficulty in negotiating loans at lower interest, and in manag- 
 ing its bonded debt. It cannot, any more than a private debtor, 
 hope for high credit, while paying some debts and ignoring others. 
 
 It is a delusion to suppose that the payment of a few of our bonds 
 before they are due, materially helps the public credit ; the treasury 
 is not bankrupt as to its bonds ; it is paying the interest according 
 to contract, and the principal is not yet due ; this is not the point 
 where the public credit needs to be helped. The treasury is bank- 
 rupt on its legal tender notes ; for a failure to pay a promise when 
 it is due is bankruptcy. No debtor improves his credit by anticipat- 
 ing the payment of some of his obligations which are not due while 
 he neglects to pay those which are due. Nor does the payment of 
 the bonds before maturity tend materially to lessen the burdens of 
 the people. Were we to cancel $100,000,000 of bonds in any year 
 there would result an annual saving of interest of $6,000,000. If, 
 on the other hand, we could reduce the rate of interest on our loans 
 by only one per cent, we should, thereby, effect, at once, a saving of 
 over $20,000,000 a year for the whole time the debt may run. More- 
 over, this payment of the bonds before maturity can be made only 
 out of surplus revenue ; that is to say, by keeping up taxation to a 
 point far beyond the actual needs of the government. 
 
 We must not forget that financial laws are self-created, out of the 
 circumstances existing at the period ; they cannot be constrained by 
 legislation. We shall be most likely to avoid trouble by seeking the 
 natural solution of our present difficulty; which natural solution isj 
 as it seems to me, that the power which issued the irredeemable paper, 
 under which we now suffer, should get ready to redeem it. 
 
 Spasmodic sales of gold from the treasury impart no additional 
 worth to the legal tender notes. Confidence in ability to meet obli- 
 
104 Messages of Gov. Hoffman. 
 
 gationsis the only source of solid credit as well for the treasury as 
 for other debtors. Increasing public confidence in the growing 
 ability of the treasury to meet the notes in coin would operate not 
 merely to affect, from day to day, as these sales do, the speculative 
 price of gold, but towards the recognition of a greater intrinsic value 
 in the legal tender note, and so to make the possible range of gold 
 speculations narrower. 
 
 It is obvious that sales of gold out of the treasury cannot have 
 the effect of bringing legal tender notes actually and permanently 
 nearer to the value of gold ; for it would be absurd to maintain that 
 the treasury, any more than any other debtor, can, by parting with 
 coin make its promises to pay coin more valuable. The treasury 
 sales of gold have simply the effect which is always produced by 
 throwing upon any market a supply of an article for which there is, 
 in that market, a limited demand. All debts, with rare exceptions, 
 being now payable in legal tender notes, the need of gold for use in 
 business is not general, and therefore the demand for it is confined 
 to a few, and is a very limited one. In a market so situated, a very 
 temporary and small over-supply may depress it much below its true 
 and correct value as compared with legal tender notes ; which de- 
 pends, obviously, on the prospect of the notes being paid in coin. 
 Derangement of business is as certain to follow the artificial depres- 
 sion of gold below this true value as its elevation above it. Such a 
 depression cannot be relied upon as lasting ; nor does it afford any 
 guaranty against great subsequent fluctuations. These treasury 
 sales, while they do not improve permanently the value of the gov- 
 ernment paper, confound the most prudent calculations of business 
 men. 
 
 I must not be understood as favoring any expansion of the legal 
 tender currency. The government cannot at present pay the notes 
 of this kind already issued. It would be utterly unjustifiable to put 
 out any more of them. 
 
 The Federal treasury is not warranted in taxing the people to 
 keep up its present enormous surplus of revenues. If the country 
 can be kept in a prosperous condition, every year of its growth will 
 make the payment of the principal of the debt come easier. A 
 moderate surplus beyond the interest on the debt and the expenses 
 , of government is all that is desirable or necessary to enable it to 
 devote itself sufficiently to the great, imperative duty of making its 
 paper money good. 
 
 The moment the people see that the government is getting ready 
 to redeem its paper by providing itself with the only means of doing 
 
Messages ob Gov. Hoffman. 105 
 
 it, the appreciation in the actual value of the legal tender notes will 
 commenoe. It will continue and the progress towards a return of 
 specie payments will be gradual, steady and certain. The very 
 fact that the government is under a fixed and stable, and not an ex- 
 perimental and variable policy, preparing to redeem its paper, and 
 will some day announce its readiness to do so, would narrow the 
 range within which speculation in gold would be possible. The 
 current value of the notes in the open market will indicate when 
 the proper time has come for redemption ; the government need not 
 declare it in advance. 
 
 The most severe, cruel and ruinous method of contraction would 
 be one that should put the value of these notes by regular grada- 
 tion at a higher and higher rate from day to day or week to week, 
 as is suggested by the President of the United States; or any 
 method by which they should be converted or exchanged into in- 
 terest bearing securities ; for this would act rigidly and rapidly to 
 take them out of circulation. Such a form of contraction would, 
 I fear, not only inflict unparalleled distress upon the people, but 
 endanger the credit of the government itself. 
 
 It is not necessary to discuss the propriety of the original measures, 
 of which our present financial condition is the result. I simply 
 consider the practical questions which present themselves, taking 
 things as they are. It needs no great financial wisdom to see that 
 the way to high credit is for the treasury to prepare itself to pay 
 all its debts, as well its legal tender promises as its bonds; that 
 high credit is the condition precedent to a lower rate of interest 
 on government loans ; that lowering the rate of interest on the loans 
 will afford great relief to the people ; and that no relief either to 
 treasury or people can be expected from what tends to derange- 
 ment or stagnation in the business of the country. 
 
 The earliest practicable return to the hard money of the Constitu- 
 tion is, therefore, desirable, as being, in every way, for the interest 
 of the people ; but this return should be made wisely, by a process 
 ■virhich will not cost needless suffering, under a declared and fixed 
 policy, intelligible to the whole country, and which will insure 
 that the change, when it comes, shall be permanent. A rash 
 attempt would, by its failure, make our condition worse than it is 
 now. But no time should be lost in adopting measures which 
 shall lead by prudent steps to the attainment, at no very distant 
 day, of a result to which sooner or l^,ter we must come. 
 
 14 
 
106 Mbssasbs of G-ov. Hoffman. 
 
 If the Federal goTernment does not try to aceomplisli an early 
 return to the use of gold and silver, without spreading ruin among 
 the people, it fails in its duty ; if, with its abundant revenue, it 
 cannot devise a method of doing so, it fails in wisdom. 
 
 JOHN T. HOFFMAN. 
 
SPECIAL MESSAGES. 
 
 ,K, EXEOTJTIVl 
 
 Albany, March, 8, 1870. 
 
 State of NewYokk, Exeotjtive Ohambee, ) 
 
 To THE Legislatdre : 
 
 I have already signed, this session, a bill amending a village char- 
 ter, which was thoroughly revised and made complete, as was then 
 supposed, only three years ago. 
 
 There appear to be many bills of this kind now pending. In 
 the last three years, notwithstanding there is a general law to be 
 found in the statute book, one hundred and fifty-two acts have been 
 passed granting or amending village charters. About sixty such 
 special acts were passed at the last session. I suggested in my 
 message to you at the beginning of the session, the propriety, in 
 view of the defective character of the existing general law, of enact- 
 ing a new general law for the incorporation of villages, so compre- 
 hensive as to do away with the necessity for special charters, and 
 for the application to amend charters, now so frequent. It is not 
 unusual for a village to apply for amendments to its charter in the 
 first year of its existence, and sometime^ such applications are re- 
 newed every year. I beg leave to call your attention, respectfully, 
 to a bill for the incorporation of villages which has been presented 
 to the Senate by the senator from the first district, and is now in 
 the hands of the appropriate committee of that body. 
 
 It is known to me, that during the preparation of this bill, the 
 existing law for the incorporation of villages, now so seldom used, 
 because so defective, and the numerous charters of villages incorpo- 
 rated by special acts, have been carefully studied, and it is my 
 impression that the bill will be found to provide for all the wants of 
 municipalities of this class. It is for you, however, to determine 
 whether it is su£Bcient for its purpose, and to make all amendments 
 which, in your judgment, it may require. 
 
 I recommend the bill to your prompt consideration, believing that, 
 if it be passed, with such amendments as the wisdom of the Legislar 
 ture may suggest, you will be relieved from the consideration of all 
 the special bills relative to village charters now pending before you, 
 and that, in future, applications to the Legislature for village char- 
 
108 Messages of Gov. Hoffman. 
 
 ters or for amendments to sucli charters will be unnecessary. The 
 bill contains a section enabling any existing village, by a vote of 
 its electors, to adopt the provisions of the general act for its govern- 
 ment, in lieu of its present charter. 
 
 If, in the consideration of this whole subject, you give the prefer- 
 ence, in order of time, to this general bill over the special village 
 bills now before you, great care will be taken, on the part of those 
 who are advocating the special bills, that the general bill shall 
 afford the remedies which are sought, respectively, by the several 
 special bills. In this way, the general bill will be made more perfect 
 by having attracted to it a closer and more general attention than 
 is likely to be given to bills applicable, each one to a single village. 
 
 I trust, this communication will not be considered out of place by 
 the Legislature. It is prompted by a desire not only to save the 
 valuable time of the Legislature, but also to promote the public con- 
 venience by the passage of some comprehensive general law which 
 will enable the people in any part of the State to organize, when 
 necessary, a village government, without being subjected to the 
 trouble and delay of applying to the Legislature for a special charter. 
 
 JOHN T. HOFFMAN. 
 
 State or New York, Executive Chambee, ] 
 Albany, April 21, 1870. J 
 To the Senate : 
 
 I respectfully call your attention to a subject of great importance, 
 on which I trust you will act, before adjourning. 
 
 In my annual message I called upon the Legislature to put an end 
 to the policy of practical repudiation, under which, for seven years 
 past, the State has paid, in depreciated paper, the interest upon its 
 coin debt. The contract with our creditors, as to all debts incurred 
 prior to the bounty loan, plainly calls for gold. 
 
 A resolution was introduced in the Assembly early in the session, 
 action on which was delayed until after the recent decision of the 
 Supreme Court of the United States, that payment of private debts, 
 incurred before the passage of the legal tender act, must be made in 
 coin. A preamble was then prefixed to the resolution, reciting that 
 the reason for our State returning to the honest payment of her 
 debts, was sijnply that she might comply with this decision. This 
 preamble is wrong; but the resolution its.elf, directing all future 
 
Messages of Gov. Hoffman. 109 
 
 payments of interest or principal of the State debt (except the 
 bounty loan wbicli was negotiated for depreciated paper) to be made 
 in coin, is right. It is of secondary consequence, however, what 
 reasons may be assigned in the preamble, but it is of great and pri- ' 
 mary consequence, not only that the State shall pay this portion of 
 her debt in coin, as the Comptroller is already doing, but also that 
 her public record on this point should at once be made right by 
 authoritative declaration of the Legislature. This is especially im- 
 portant, now that great and unprecedented efforts are making to 
 induce the Supreme Court to reverse its solemn and deliberate 
 judgment. 
 
 I plead the importance of your action upon this subject to the 
 honor and good name of this the great State of the Union, as my 
 excuse for making to you this special communication. 
 
 I recommend that the resolution on this subject, which has already 
 passed the Assembly, be also promptly passed by your body. 
 
 JOHN T. HOFFMAN. 
 
VETO MESSAGES OF 1870. 
 
 Executive Chamber, 1 
 Albany, February 24, 1870. ) 
 To THE Assembly : 
 
 I return, without my approval, Assembly bill entitled " An act 
 autborizing the appointment of an assistant district attorney for 
 Washington county." 
 
 The bill authorizes the district attorney of Washington county to 
 appoint an assistant, who shall receive an annual salary, to be fixed 
 by the board of supervisors, not exceeding five hundred dollars. 
 
 It seems to me that this is a matter which ought to be left to the 
 county authorities, who are the proper, as they are the best judges 
 of the necessity, if any, which exists for this additional office. 
 
 There is no pressing emergency which calls for this special enact- 
 ment. Under existing laws, there can be no difficulty in providing 
 for necessary assistance to the district attorney. 
 
 By the Revised Statutes (part 1, title 4, section 3) the Super- 
 visors are authorized to audit the bills of the district attorney for 
 any expenses necessarily incurred by him in criminal cases. It can 
 hardly be doubted that a proper sum for clerical or other assistance 
 could be thus made a county charge. 
 
 For a temporary emergency, requiring the services of an additional 
 prosecuting officer, the general laws also provide. Under the Re- 
 vised Statutes (part 1, title 1, article 7, section 90) " whenever any 
 district attorney shall fail to attend" any court of Oyer and Terminer 
 or General Sessions, the court may appoint a person to discharge his 
 duties during the sitting of the court ; and for compensation £o the 
 person so appointed, due provision is made. 
 
 The supervisors of every county have authority, under the general 
 laws (chapter 304 of the Laws of 1852), to fix the salary of the dis- 
 trict attorney, at such sum as they may think proper, except that the 
 salary as fixed at the time of the election of any district attorney, 
 cannot afterwards be increased during his term of office. If the 
 necessity for an extra force in the district attorney's office in Wash- 
 ington county, was apparent at the beginning of the term of the 
 present incumbent, it is to be presumed the supervisors would have 
 
Messages of Gov. Hoffman. Ill 
 
 put tte salary at a sum sufficient to enable Mm to pay out of it for 
 the services of an assistant. If the necessity has only become appa- 
 rent since the present incumbent came into office, it cannot be a 
 very pressing one. 
 
 It is not claimed, so far as I can learn, that any great increase of 
 criminal business has occurred within the county in that short 
 period. 
 
 If an additional prosecuting officer be necessary in Washington 
 county, it is probable that many other counties have the same need. 
 It is true there are several laws on the statute books like this one, 
 each law £(pplioable to only one county. They are comparatively 
 unimportant, perhaps, but they all belong to a class of special laws, 
 which, in my judgment, ought to be discouraged and discontinued. 
 The boards of supervisors are the safest judges of what the public 
 business, in their respective cou!nties, require in this respect. If 
 any thing needs to be done by the Legislature to attain the object 
 sought by this bill, it should be done by a general law authorizing 
 every district attorney to appoint an assistant whenever the super- 
 visors of his county deem it proper to sanction the appointment by 
 providing the necessary salary. 
 
 The Legislature would thus be relieved from the consideration of 
 special bills of this class. 
 
 JOHN T, HOFFMAN. 
 
 Albany, March, 22, 1870. 
 To THE Senate : 
 
 I return, without my approval. Senate bill No. 61, entii;led " An 
 act for the protection of the bridge over the Oswego river at Phoenix, 
 between the town of Lysander, in the county of Onondaga, and the 
 town of Schroeppel, in the county of Oswego." 
 
 The bill provides that it shall not be lawful for " any person to 
 ride or drive faster than a walk in crossing the bridge" above named, 
 and that the penalty for riding or driving at a faster pace shall be 
 twenty-five dollars for each offence, to be sued for in the name of 
 the commissioners of highways, one-third of the penalty to go to the 
 informer. 
 
 There is a general law on this subject (Bevised Statutes, part 1, 
 chapter 16, title 1, article 6, sections 122 and 123), which provides 
 that the commissioners of highways " may put up at each end of any 
 bridge maintained at the public charge, and the length of whose 
 
112 Messages of Gov. Hoffman. 
 
 chord is not less than twenty-five feet," a notice " that there is one 
 dollar fine for riding or driving on this bridge faster than a walk," 
 and that whoever shall ride or drive upon any such bridge at a 
 faster pace shall forfeit one dollar for each offence. 
 
 The fine imposed by this law is, no doubt, too small; but, if it be 
 too small to deter persons from injuring the bridge named in this 
 bill, it is also too small to serve the purpose of protecting the other 
 public bridges in the State. Considering how often and how easily 
 this offence of immoderate driving upon a bridge may be committed 
 in the rural portions of the State, without the chance of detection 
 or with impunity, because no one will take the trouble to inform, it 
 may be well to make the penalty larger, with the view of impressing 
 the public with the magnitude of the offence, and so large that suffi- 
 cient compensation can be afforded out of it to the informer. 
 
 The bridge, for the protection of which this special act is asked, 
 is no doubt a valuable one ; but there must be many other bridges 
 quite as valuable which need the same degree of protection ; and, in 
 fact, all the bridges of the State, whether more or less valuable, are 
 entitled equally to protection from injury. The application for this 
 special act should, in my judgment, suggest the propriety of at once 
 amending the general law, so as to save the necessity of future de- 
 mands for special acts in other instances. 
 
 Whether the penalty of twenty-five dollars, named in this bill, be 
 in proper proportion to the offence, is a question which I do not 
 consider ; but it seems very plain to me that to protect one bridge 
 by a penalty of twenty-five dollars and all the others by an almost 
 nominal fine of one dollar is to make a very partial and injustifiable 
 discrimination in extending the care of the State over this kind of 
 public property. The offence is the same whether committed to the 
 injury of one bridge or another. If under the present laws, persons 
 are not deterred from injuring bridges by fast driving, because the 
 penalty now affixed to the offence is too light, the obvious and com- 
 prehensive remedy is, it seems to me, not to provide for one case out 
 of thousands, but to amend the general law by increasing the penal- 
 ties in it provided, so that the good effects of the amendment may 
 be felt in every part of the State. 
 
 If the Legislature should think proper to amend the general law, 
 I respectfully suggest that the matter may wisely be devolved 
 upon the local authorities within certain limits ; that is to say, that 
 empowering either boards of supervisors or commissioners of high- 
 ways in their respective counties and towns to impose and sue for 
 such fines for this offence as they may think fit, not exceeding a 
 
Messages OF Gov. Hoefman. 113 
 
 maximum sum, and empowering tbem to give to the informer a 
 share of the fine, would meet all the needs of the present case, and 
 at the same time provide for others that may hereafter occur. 
 
 I regret to differ from the Legislature, with regard to a bill of 
 so little apparent importance ; but I am satisfied that the sentiment 
 of the people is wisely and overwhelmingly in favor of diminishing 
 the tendency to a multiplicity of laws, which results in a great measure 
 from just such bills as the one now before me, in which a defect in 
 the general law is sought to be cured for the benefit of one limited 
 locality, and not, as should be done, for the benefit of the whole 
 State. 
 
 It is my plain duty, to do what I can toward remedying this great 
 evil of needlessly multiplying laws. 
 
 JOHN T. HOFFMAN. 
 
 Albany, March 22, 1870. 
 To THE Senate : 
 
 I return, without my approval, Senate bill No. 55, entitled " An 
 act to provide for the preservation of bridges in the city of Bing- 
 ham ton." 
 
 The bill provides that " any person who shall ride or drive a 
 horse, team, or mule faster than at a walk upon any of the river 
 bridges of the city of Binghamton, shall, upon conviction, be ad- 
 judged to pay a fine of not to exceed twenty-five dollars for each 
 offence." 
 
 The charter of the city of Binghamton (chapter 291 of the Laws 
 of 1867) gives the common council power (title 4, section 4) to make 
 ordinances " to suppress and restrain immoderate driving " in the 
 city, and (section 7, title 4) provides that a violation of any ordi- 
 nance may be punished by fine or imprisonment, or both, as shall 
 be prescribed in such ordinance. 
 
 It would seem, therefore, that the local authorities of the city 
 already have power to impose and enforce such penalties as they may 
 deem proper and necessary for restraining and regulating the rate 
 of speed at which persons may drive in any part of the city. 
 
 The bridges to which the bill applies are those across the Susque- 
 hanna and Chenango rivers. Special authority has been given to 
 the common council in relation to those across the Susquehanna by 
 15 
 
114 Messages of Gov. Hofeman. 
 
 chapter 200 of the Laws of 1869 ; Bsctioo 6 of which act eonfere on 
 them power to " estahlieh such police regulations, in relation to said 
 hridges," and to " establish and sue for such penalties for fast driv- 
 ing, as they may deem advisable." 
 
 Again, chapter 203 of the laws of 1865, being " An act for con- 
 structing and maintaining free bridges across the Chenango river," 
 provides that, whenever the bridges contemplated in the act shall 
 be completed, the commissioners of highways shall have charge of 
 them, and may impose a penalty of ten dollars for each offence of 
 driving upon said bridges faster than at a walk. By the charter of 
 the city of Binghamton (section 10 of title 4) the mayor and com- 
 mon council are made commissioners of highways in and for the city. 
 
 By their charter, therefore, the city authorities have power to 
 suppress, by such penalties as they choose to impose, immoderate 
 driving anywhere in the city, and, of course, to define the offence of 
 immoderate driving. Special provision is moreover made for the 
 bridges to be affected by the bill uader consideration. 
 
 If doubt has arisen in the mind of any one about the power of the 
 common council, under existing laws, it is probably due to there being 
 already too many laws applicable to the subject. 
 
 It is true if the power of the common council over travel upon 
 the bridges is to be found only in the two special acts already 
 referred to, then, while twenty-five dollars or more may be fixed by 
 them for the Susquehanna, bridges, no penalty exceeding ten 
 dollars can be imposed so far as the Chenango river bridges are 
 concerned. A penalty of ten dollars for each offence, persist- 
 ently enforced (as can easily be done in a city), would seem to be 
 quite large enough to deter persons from fast driving. The higher 
 penalty of twenty-five dollars, proposed by this act, will not, by its 
 mere enactment, put down the practice. The general laws of this 
 State provide a fine of only one dollar for this offence of fast driv- 
 ing upon a bridge (Kevised Statutes, part 1, chapter 16, title 1, 
 article 6, sections 122 and 123), and a larger penalty, if needed at 
 all, is more necessary for the protection of the bridges in the rural 
 districts, where the offence may often be committed without detec- 
 tion, whereas in cities detection can be prompt and sure. 
 
 It being very clear, therefore, that no necessity exists for this 
 special act, I deem it my duty to withhold my approval. 
 
 JOHN T. HOFFMAN 
 
Mess AGES of Gov. Hoffman. 115 
 
 Albany, March 22, 1870. 
 To THE Senate : 
 
 I respectfully return, without my approval, Senate bill No. 82,' 
 entitled " An act to except the counties of Oneida and Schoharie 
 from the operation of the act in relation to fees of county treasurer, 
 passed May 11, 1846." 
 
 The law, from the operation of which the bill proposes to except) 
 these two counties, provides that the several county treasurers 
 " shall receive such compensation as shall be fixed by the boards of 
 supervisors of their respective counties, not exceeding the half of 
 one per cent for receiving and the half of one per cent for disburs- 
 ing, and in no case to exceed the sum of five hundred dollars per 
 annum." 
 
 The counties of New York and Kings, consisting chiefly of very 
 large cities, were, in this original act, excepted ; and the suggestions 
 in this communication will be coasidered as not having reference to 
 them. 
 
 Since the year 1860, eleven acts have been passed similar to thef 
 one now before me, appKcable, in every instance but oUe, to a single 
 county, and in that one to only two counties j which acts either en- 
 large the limit imposed by the act of 1846, or take it off altogether^ 
 
 It is evident, from the frequent applications to be relieved from 
 them, that the existing restrictioHs upon the power of the boards of 
 supervisors to provide compensation for the county treasurer are 
 found to be, in many of the counties, ineonvenieut. An altered 
 condition of things has made the maximum compensation of five 
 hundred dollars, in the judgment of the people of some of the more 
 populous counties, and of their loCal authorities, inadequate to the 
 services and responsibilities of the office. 
 
 It seems to me that the true remedy is not to be found in special 
 bills, for the benefit of one of two counties at a time, but in an 
 amendment to the general law, which shall either enlarge the limit 
 now imposed upon the compensation to be paid county treasurers, 
 or remove all restrictions upon the discretion of the boards of 
 supervisors in this matter, as the Legislature may deem wise. 
 
 The supervisors are, in my judgment, quite competent to decide 
 such a question, and are not likely to be wanting in fidelity to the 
 interests of their respective counties. 
 
 If there are any special reasons why Oneida and Schoharie 
 counties should be exempted from the operation of the general law 
 now in force, I doubt if they can be known to many members of the 
 
116 Messages of Gov. Hofeman. 
 
 Legislature, other than the representatives of the two counties 
 whereas, if the question was brought before the supervisors, it would 
 be freely discussed and thoroughly understood by every one of them, 
 and acted upon by all under a sense of direct responsibility to the 
 people of their respective counties. 
 
 If the general law be amended, the Legislature will be spared 
 the necessity of considering applications which will certainly be 
 made hereafter from other counties, for special exemption from the 
 restrictions now imposed, and needlfess encumbering of the statute 
 
 book will be avoided. 
 
 JOHN T. HOFFMAN. 
 
 Albani, JlfarcA22, 1870. 
 To THE Assembly : 
 
 I return, without my approval, the bill entitled "An act to 
 amend an act to authorize the formation of town insurance com- 
 panies, passed April 17, 1857, as to its operation on the Fire In- 
 surance Company of the towns of North and East Greenbush." 
 
 My objection to the bill is simply that it proposes unnecessary 
 and, in my opinion, entirely unjustifiable special legislation. The 
 act of April 17, 1857, is a general act, providing for the formation 
 of town insurance companies anywhere in the State ; and the fourth 
 section limits the risk in any one policy to two thousand dollars. 
 
 The bill, now returned, amends this fourth section, by providing 
 that, in the towns of North and East Greenbush, the limit shall be 
 three thousand dollars instead of two thousand dollars. 
 
 I think it will be very difficult to assign a good reason for hav- 
 ing a rule for the§e two towns, different from the one applicable to 
 all the other towns in the State. If the limit of two thousand dol- 
 lars, in the general law, is too small, it is better to enlarge it, so 
 that it may have universal application. 
 
 I notice, by the published proceedings of the Legislature, the 
 introduction of a very large number of special bills, the objects of 
 which can be attained under existing general laws or by slight 
 amendments to them. 
 
 It imposes a great labor upon the Executive to examine and 
 return, with objections, such bills when they are passed j and I 
 respectfully, but earnestly ask such legislative scrutiny as will pre- 
 vent their passage, and, to some extent, at least, check the admitted 
 evils of unnecessary special legislation. 
 
 JOHN T. HOFFMAN. 
 
Messages of Gov. Hoffman. 117 
 
 Albany, March 25, 1870. 
 To THE Assembly : « 
 
 I return, without approval, the bill entitled " An act to author- 
 ize the Canal Commissioners to construct a farm bridge over the 
 Champlain canal, on the farm of Miles Johnson, in the town of 
 Whitehall, in the county of Washington." 
 
 The bill authorizes and requires the Canal Commissioners, upon 
 the recommendation of the Commissioner in charge, to be entered 
 upon the minutes of the Canal Board, to construct and maintain, at 
 the expense of the State, a farm bridge over the Champlain canal, 
 on the farm of Miles Johnson, the expense thereof not to exceed 
 one thousand dollars, and appropriates that sum. 
 
 Chapter 207 of the Laws of 1839, confers on the Canal Commis- 
 sioners, power to construct farm bridges over the Erie canal in all 
 places where the same, in their opinion, are reasonably required. 
 Section 4 of the same law authorizes them to commute with persons 
 claiming to have a bridge built, by paying such sum as they and 
 the claimant may agree upon. 
 
 Chapter 372 of the Laws of 1840, extends the provisions of the 
 last-cited section to the several canals of the State, including, of 
 course, the canal over which the bridge referred to in this bill is to 
 be constructed. 
 
 Chapter 332 of the Laws of 1854, section 7, extends all the pro- 
 visions of chapter 207 of the Laws of 1839, and all other existing 
 laws in relation to bridges over the Erie canal, to bridges over the 
 Oswego, Cayuga, and Seneca canals. 
 
 It is obvious that the Canal Commissioners now have power to 
 commute with persons claiming to have bridges built over the several 
 canals of the State (chapter 372, Laws of 1840), that is to say, 
 they may allow a bridge to be built, and, on the part of the State, 
 agree to pay the cost thereof. 
 
 It seems equally obvious that the omission in the law of 1854 to 
 name the Champlain canal as one of those over which all the pro- 
 visions of chapter 207 of the Laws of 1838 were to be extended, was 
 an oversight. There is no reason why the power to construct bridges 
 should be given to the Commissioners as to the Erie and the other 
 canals named, and withheld as to the Champlain canal. 
 
 They have, therefore, express power by law now to commute with 
 claimants for bridges on all canals, which is almost equivalent to the 
 power to construct. Express power can be given them to construct 
 by the simple amendment of inserting on? word, to wit, " Cham- 
 
118 Messages of Gov. Hoffman. 
 
 ■plain," in the law of 1854. This amendment would make the power 
 of the Commissioners on the Champlain canal precisely the same, in 
 terms, as on the Erie canal ; they would thus be enabled not only 
 to give the relief asked for in this case, in the form proposed by the 
 bill, but also to grant relief in the same form upon all future like 
 cases upon the Champlain canal. I recommend such an amend- 
 ment of the general law. Meantime, the party who applies for this 
 bill need suffer no inconvenience. Substantially, the Commissioners 
 can, under existing laws, give him all the relief he seeks, by per- 
 mitting the bridge to be built, and paying for it. 
 
 The bill is, therefore, unnecessary legislation. It will be noticed, 
 also, that it not only authorizes but requires the Commissioners to 
 build the bridge, thus taking away from them the discretion with 
 which it has been the policy of all our general laws on this subject 
 to invest them, and with which it is wise to invest them, because 
 no one can judge so intelligently as they, of the propriety of claims 
 made for the erection of bridges. 
 
 JOHN T. HOFFMAN. 
 
 Albany, March 25, 1870. 
 To THE Assembly : 
 
 1 return, without approval, the bill entitled " An act to authorize 
 Julian Carter, George E. Daker, Clement Warner, B. Eobertson, 
 Peter Hogeboom, James Robertson, William Poster, John Von 
 Hoesen, and Peter Vandenberg, to erect and maintain a dock in 
 Oneida lake, in the county of Oswego, and to prevent obstructions 
 to the passage thereto." 
 
 The bill authorizes the parties named in it, to build docks and 
 wharves on Oneida lake, adjacent to their lands, and to excavate the 
 mud from about the docks and wharves so erected. 
 
 The laws of this State (Rev. Stat, part 1, chapter 9, title 5, art. 
 4, section 67) authorize the Commissioners of the Land Office to 
 grant so much of the lands under the waters of navigable rivers or 
 lakes as they shall deem necessary to promote the commerce of this 
 State ; but no such grant shall be made to any person other than 
 the proprietor of the adjacent lands, and every such grant that shall 
 be made to any other person shall be void. 
 
 It is obvious that application for the privileges asked for in this 
 instance, should have been made to the Commissioners of the 
 
Messages of Gov. Hoffman. 119 
 
 Land offices, and not to the -Legislature, and that no new law is ne- 
 cessary to secure to the parties named in it, all that the bill proposes 
 to give them. 
 
 JOHN T. HOFFMAN. < 
 
 Albany, March 31, 1870. 
 To THE Senate : 
 
 I return, without approval, Senate bill No. 44, entitled " An act 
 to release and convey the interest of the people of the State of New 
 York in certain lands heretofore patented to Georgiana Bashford." 
 
 The purport of the bill is expressed in its title. It enacts that the 
 title of the people of the State in and to certain lands heretofore 
 patented to Georgiana Bashford by the Commissioners of the Land 
 Office, is " released and conveyed to the said Georgiana Bashford, 
 and the same is hereby confirmed unto her in fee, and the said patent 
 is hereby ratified and confirmed for ever." 
 
 The Laws of the State (chapter 283 of the Laws of 1850) author- 
 ize the Commissioners of the Land Office to grant, of lands under 
 water, to the owners of adjacent lands, "so much as they shall deem 
 necessary to promote the commerce of the State, or proper for the 
 purpose of beneficial enjoyment of the same by the adjacent owner." 
 In this instance a patent has been issued by the Commissioners 
 of the Land Office, which conveys the interest of the State for both 
 of the purposes contemplated by the law, as is seen by the record in 
 the office of the Secretary of State. 
 
 All that the authorities of the State can properly convey has al- 
 ready been granted; and it is not alleged that there is any irregularity 
 or defect of form in the patent, so as to make its ratification or con- 
 firmation, by the Legislature, necessary. 
 
 The bill before me, if its intent is to convey simply what has 
 already been granted, is unnecessary; if it seeks to accomplish any 
 thing else, it is, in my judgment, improper legislation. 
 
 JOHN T. HOFFMAN. 
 
 Albany, March 81, 1870. 
 To THE Senate : 
 
 I return, without approval, Senate bill No, 45, entitled " An act 
 to release and convey the interest of the people of the State of New 
 
120 Messages of Gov. HoFrMAN. 
 
 York in certain lands heretofore patented to William Chamberlain 
 and four others." 
 
 The facts are the same, and the terms of the bill the same, as in 
 the case of Senate bill No. 44, returned without approval at the 
 same time with this hill. 
 
 My objections being the same in both instances, I respectfully refer 
 the Senate, for my reasons, to the message transmitted with bill No. 
 44. 
 
 JOHN T. HOFFMAN. 
 
 Albany, AprU 6, 1870. 
 To THE Assembly : 
 
 1 return, without my approval, Asaemhly bill entitled " An act to 
 amend an act entitled " An Act to authorize the towns of West- 
 chester and West Farms to construct a highway in said towns, to 
 be known as the Fordham and Pelham avenues,' passed April 28, 
 1869." 
 
 The bill amends the second section of the original act of last year, 
 which provided that the avenue should be one-hundred feet wide 
 for its length, while the proposed amendment reduces the width, 
 for a portion of the road, to sixty-six feet. Under the decision of 
 the Supreme Court (see 4th Barbour, p. 70, People v. Supervisors 
 of Westchester County) the owners of the land, to whom damages 
 have already been awarded, have now a vested right in sums so 
 awarded them, of which they cannot be divested by subsequent legis- 
 lative action. The result will be, if this bill go into effect, that the 
 owners of the land adjoining that portion of the avenue which is to 
 he reduced to the width of sixty-six feet will receive the damages 
 already awarded for a road one hundred feet wide, and yet will re- 
 gain possession of part of their land, for the puhlic use of whioh_ 
 damages have been or must be paid to them. 
 
 The town of Westchester has already paid, in good faith, for the 
 right of way through that town with the expectation that the whole 
 avenue is to be one hundred feet wide ; and it is represented to me 
 that the portion which it is now proposed to reduce in width is that 
 part of the avenue on which there will be the most travel, to wit, 
 the last mile, leading direct to the railroad station at Fordham. 
 
 This proposed amendment appears to me to be improper, because, 
 under the law as given in the case above cited, the public would 
 have to pay for what they would not get, and because it would work 
 
Messages OS' Gov. Hoffman. 121 
 
 inequitably among the parties owning lands adjoining the road, and 
 who all have an interest in the whole undertaking. The protests 
 which some of them have filed with me against the bill, I am not, 
 therefore, justified in disregarding. 
 
 Protests, alsOj have been sent to me against any change in the 
 commission in charge of the work, as is proposed by another amend- 
 ment in this bill provided ; but I do not deem it necessary to con- 
 sider this point. 
 
 JOHN T. HOFFMAN. 
 
 Albany, Apfil 12, 1870. 
 To THE Assembly : 
 
 I return, without approval^ the Assembly bill entitled " An act 
 to prevent encroachments upon the highways at railroad crossings, 
 in the town of Great Valley, in the County of Cattaraugus." 
 
 The bill makes it a misdemeanor to place or leave timber, logs, 
 railroad ties, or any other obstructions or impediments, in the 
 bounds of highways within one hundred feet of any railroad crossing 
 east of Great Valley station, in the town of Great Valley. 
 
 If it be necessary for the protection of the public to make such 
 acts misdemeanors at the few railroad crossings referred to in this 
 bill) it must be, it seems to me, quite as necessary in many other 
 parts of the State. 
 
 The proposed law, if passed at all, should be made general in its 
 application, so that the public everywhere may get the benefit of its 
 provisions. 
 
 To declare an act a misdemeanor in one town which is not recog- 
 nized as a criminal act elsewhere in the State, tends to making the 
 the laWs under which the people live, complicated and uncertain, 
 and to creating confusion in the administration of criminal justice. 
 The ordinances of municipal authorities may, within certain limits, 
 be permitted to make local regulations which shall be of force only 
 in the locality ; but the statutes of the State Legislature, when de- 
 fining bffences, should be, in their operation, co-extensive with the 
 territory of the State. 
 
 JOHN T. HOFFMAN. 
 
 16 
 
122 Messages of Gov. Hoffman. 
 
 Albany, April 12, 1870. 
 To THE Senate : 
 
 I return, without approval, Senate bill No. 47, entitled " An act 
 for the relief of John Fitzpatrick, assignee of Bernardus Swartwout." 
 
 The bill not only " authorizes " but it " directs the Canal Board 
 to ascertain the value of embankments and lining, and of brush and 
 stone and other materials, for which no estimate was made by the 
 engineer in charge, furnished and constructed by John Fitzpatrick" 
 on a certain section of the canals, " and to award the said Fitzpatrick 
 the amount so ascertained, in addition to such sum as has heretofore 
 been awarded him." 
 
 Ifr then, by section two, directs the Treasurer to pay the amount 
 so awarded, if any, to said claimant, out of any moneys appropriated 
 or to be appropriated for the extraordinary repairs of the canals. 
 
 My objections are these : The bill does not refer the claim to the 
 Canal Board for examination, but assumes the fact to be that the 
 claim, in the form recited in the bill, exists. It may and probably 
 would be construed as requiring the Board, whatever may be the 
 facts of the case other than those recited, and which might constitute 
 a perfect answer to the claim, to ascertain the value of the several 
 things spoken of, and to award to the claimant the amount thereof 
 when ascertained. In this it differs from the form now usually 
 adopted in referring claims to the Canal Appraisers. 
 
 The second section is objectionable because it appropriates money 
 in advance of the award, out of the sum that may by law be appro- 
 ' priated for extraordinary repairs of the canals. It is obvious that 
 if appropriations for claims are thus to be made by separate bills, out 
 of the fund provided for the repairs of the canals, it will be impos- 
 sible for the financial officers of the State to make proper estimates of 
 what will be required, and that the taking of moneys out of the Ke- 
 pair Fund for purposes like that contemplated in the bill, may be so 
 extensive, as seriously to interfere with the work necessary to be done 
 on the canals. 
 
 JOHN T. HOFFMAN. 
 
 Albany, A'prU 16, 1870. 
 To the Senate : 
 
 I return, without my approval, Senate bill No. 153, entitled " An 
 act to extend the charter of the White's Corners and Buffalo Plank 
 Boad Company." 
 
Messages of Gov. Hoffman. 123 
 
 This company was organized, as is recited in the bill, under chap- 
 ter 210 of the Laws of 1847. That law limits the duration of all 
 companies formed under it to thirty years. The bill now before me 
 proposes to extend the charter of the company for a further period 
 of thirty years. Sections 4, 5, 6, and 7 of act of 1847, require that 
 a company, proposing to construct a road, shall first obtain the con- 
 sent of the Board of Supervisors of the county. Such consent hav- 
 ing been given in this, as in all other instances, for a limited period 
 of time, it is obviously proper that a like consent should be required 
 for any extension of the time. 
 
 The privileges proposed to be given by this bill are equivalent to 
 a new charter for another thirty years. The same preliminary steps 
 should be taken as were required for the original grant. 
 
 JOHN T. HOFFMAN. 
 
 Albany, AprU 16, 1870. 
 To THE Senate : 
 
 I return, without my approval. Senate bill No. 154, entitled " An 
 act to extend the charter of the East Hamburgh Turnpike Eoad 
 Company." 
 
 The provisions of this bill being similar to those of Senate bill No. 
 153, returned, without approval, at the same time with this, and my 
 objections to both bills being the same, I respectfully refer you to 
 the message accompanying bill No. 153. 
 
 JOHN T. HOFFMAN. 
 
 Albany, April 16, 1870. 
 To THE Senate : 
 
 I return, without my approval. Senate bill No. 294, entitled " An 
 act to provide for the erection of a soldiers' monument in the county 
 of St. Lawrence." 
 
 The bill empowers the board of Supervisors of St. Lawrence 
 county to borrow, on the credit of the county, twenty-l^ve thousand 
 dollars, for the purpose of erecting a soldiers' monument, and to pro- 
 vide for payment thereof by tax. 
 
 The purposes proposed to be accomplished by this bill are already 
 provided for in a general law, extending the powers of the board 
 of supervisors. 
 
124 Messages of Gov. Hoffman, 
 
 Section 4 of chapter 855 of the Laws of 1869, makes it competent 
 for any county, if a majority of its legal voters so authorize, to ex- 
 pend any sum of money for the purpose of a public monument, 
 " provided that no debt shall be created, nor shall any tax be im- 
 posed, for such purpose, unless such expenditure be approved by a 
 vote of two-thirds of the board of supervisors." 
 
 The bill proposes unnecessary legislation. 
 
 JOHN T. HOFFMAN. 
 
 Albany, April 16, 1870. 
 To THE Senate : 
 
 I return, without my approval, Senate bill No. 122, entitled " An 
 act to enable incorporated rural cemeteries, in Jefferson and Cayuga 
 counties, to acquire title to lauds where the owner or owners are un- 
 willing to sell, or when the cemetery association and the owners 
 cannot agree upon the value thereof." 
 
 The title of the bill explains the purport of its provisions. I have 
 grave do^hts of the propriety of giving to the associations named in 
 the bill, power to acquire lands for l)urial purposes without the, con- 
 sent of the owners. But if it were wise to do so, the provisions of 
 tbe bill should not be limited, as they are, to two counties j all these 
 rural cemeteries beifig organized under general laws, applicable to 
 the whole State. 
 
 JOHN T. HOFFMAN. 
 
 Albany, April 19, 1870. 
 To THE Assembly : 
 
 I return, without approval, the bill entitled " An act relating to 
 the supervisors of the county of Albany, their terms of office and 
 salary." 
 
 The bill provides that supervisors to be hereafter elected in the 
 several towns and wards of cities in the county of Albany, shall be 
 elected for a term of two years, and that they shall receive a salary 
 of $300 each. 
 
 It is, in my judgment, a sufficient objection to this bill that it 
 would, if enacted into law, destroy the uniformity of town govern- 
 ments. In all the towns of the State, supervisors are now elected 
 annually. If this bill affected only the city of Albany, and the 
 
Messages or Gov. Hoffman. 125 
 
 boundaries of the city and county were the same, it would be less 
 objectionable, the terms of office of the aldermen being now two 
 years. But a large proportion of the supervisors of the county of 
 Albany are elected from rural towns, and there can bo no good * 
 reason for providing that these towns shall choose their supervisors 
 for two years, while all the other towns in the State, in accordance 
 with the general and long established policy of the State, elect 
 their superyisors every year. 
 
 JOHN T. HOFFMAN. 
 
 Albany, April 19, 1870. 
 To THE Assembly r 
 
 I return, without approval, the bill entitled " An act extending 
 the charter of the Webster Plank Boad Association." 
 
 The company was organized under chapter482of the Laws of 1857, 
 and chapter 780 of the Laws of 1866. These acts provide that 
 parties purchasing a plank road or a turnpike road at a sale made 
 under an execution or a foreclosure of a mortgage, may form a cor- 
 poration for the purpose of owning and continuing to operate such 
 plank road or turnpike road, and the number of years the same shall 
 continue shall not exceed the unexpired term of the original incor- 
 poration. 
 
 The articles of association were filed with the Secretary of State 
 October 1st, 1869 ; they provide for a corporate existence of ten 
 years seven months and ten days, which, no doubt, was the then 
 unexpired term of the incorporation, whose ownership of the road 
 had been transferred to the parties composing the new association, 
 by virtue of a sale under either an execution or a foreclosure of 
 mortgage. 
 
 The original corporation was the Troy and Poestenkill Plank road 
 Company, which was organized under chapter 210 of the Laws of 
 1847, its articles of association having been filed on the 20th of 
 April, 1850. The term of corporate existence named therein was 
 thirty years, which was the limit fixed by the act. The present 
 charter, therefore, will not expire until 1880. 
 
 The Webster Plank Road Company stands in all respects in the 
 place of the original corporation. The act of 1847, under which that 
 original association was organized, requires, that any company pro- 
 posing to construct a plank road or turnpike road shall first obtain 
 the consent of the board of supervisors of the county. Such consent 
 
126 Messages oe Gov. Hoffman. 
 
 having been made by the law necessary to the enjoyment of the 
 privilege of the company in the first instance, and the consent hav- 
 ing been given, in this as in all other cases, for the period of thirty 
 years, as prescribed by the act, it is obviously proper that a like 
 consent from the supervisors of the country should be required as a 
 condition to any extension of the time during which the company 
 shall enjoy its privileges. 
 
 The bill before me proposes to extend the corporate privileges of 
 the company for ten years after the expiration of the present charter 
 which has ten years yet to run, and to do this unconditionally, with- 
 out reference to the board of supervisors of the county; legislation 
 which seems to me to be objectionable. 
 
 Whatever the facts of the case may be, there is no necessity for 
 providing for a reaewal of the charter now, ten years before it expires. 
 
 JOHN T. HOFFMAN. 
 
 Albany, April 19, 1870. 
 To THE Assembly : 
 
 I return, without approval, the bill entitled " An act to amend 
 chapter 340 of the Laws of 1869, entitled ' An act to authorize the 
 town of G-reenwioh, in the county of Washington, to issue bonds and 
 take stock in the Union Village and Johnsonville Railroad Com- 
 pany.' " 
 
 The original act authorizes the town of Greenwich only, and not 
 the town of Eaton, to issue bonds ; the proceeds to be used in aid of 
 the construction of the railroad above named. 
 
 This bill provides that all taxes, except school and road taxes, col- 
 lected for the next thirty years in the village of Greenwich, or in the 
 towns of Greenwich or Eaton, on the assessed valuation of said rail- 
 road, shall be paid over to the county treasurer, to be held by him 
 as a sinking fund for the redemption of bonds issued or to be issued 
 not by either of the towns named, but by the railroad company. 
 
 I am at a loss to see why any portion of the taxes of these towns, 
 which, when raised, are a part of their assets, should be applied to 
 the payment, not of their own debts, but of the debts of a railroad 
 corporation. The bill, if enacted into a law, would, in effect, exempt 
 the property of the railroad company from local taxation, for it 
 applies the taxes collected from the company to the payment of the 
 
MESSAaES OP Gov. Hoefman. 127 
 
 company's debts. It is noticeable, however, that this purpose does 
 not appear from the title^ uor is it plainly stated on the face of the 
 bill. 
 
 JOHN. T. HOFFMAN. 
 
 Albany, April 25, 1870. 
 To THE Senate : 
 
 I return, without approval, Senate bill No. 272, entitled, " An 
 act for the relief of the Hopkinton Manufacturing Company." 
 
 The bill provides for an extension of the time in which the com- 
 pany may make and record the certificate required by law, and then 
 declares the company to be " a body politic and corporate " under 
 the " Act to authorize the formation of corporations for manufactur- 
 ing, mining, mechanical or chemical purposes." It declares further 
 that " all acts heretofore done by or in the name of said corporation 
 are hereby confirmed and ratified, and shall be of the same force 
 and effect as if said corporation had in all respects complied with 
 the provisions of law." 
 
 The language of the bill is too sweeping. It attempts to cure all 
 neglects or violations of the provisions of the general law of which 
 this company may have been guilty. It does not recite the defects in 
 its past proceedings which require a remedy. It makes the company 
 a corporation, although it may have complied with no one of the 
 provisions of the law under which it was authorized to organize. 
 
 There is, moreover, no provision in the bill that it shall not affect 
 suits pending or rights already acquired by reason of any acts done 
 or omitted to be done on the part of the corporation. 
 
 A general law has already passed, this Session, enabling corpora- 
 tions to correct any informalities connected with their original cer- 
 tificate. If the objects of this bill be to cure an informality it is 
 unneccessary ; if it has some other purpose not' clearly stated on its 
 face, it ought not to pass into a law. 
 
 JOHN T. HOFFMAN. 
 
 Albany, April 25, 1870. 
 To THE Senate : 
 
 I return, without approval. Senate bill No. 316, entitled " An act 
 incorporating the United States Mutual Benefit Company of New 
 York." 
 
128 MEsaAGBS OF Gov- Hoffman. 
 
 The bill provides that certain persons already incorporated under 
 the general law " for the incorporation of benevolent, charitable, 
 scientific and missionary societies," are " hereby constituted and 
 made a body politic and eorporate under their present constitution 
 and by-laws, with power to make such other rules and regulations 
 and to repeal the same at pleasure as they shall deem expedient/' 
 provided always, that such by-laws, rules and regulations be not in- 
 consistent with the laws of the State or the United States." ' 
 
 It then declares that the company may provide for the pecuniary 
 relief of its members in oases of physical incapacity by sickness, 
 casualty or old age, or in the event of the death of a member for his 
 or her family or heirs ; and that it may issue certificates stating the 
 particulars of the contract between the holSer thereof and the com- 
 pany, and the assessment to be paid for the benefit of a member. 
 
 The Constitution provides that " corporations may be formed 
 under general laws, but shall not be created by special act except 
 for municipal purposes and in cases where, in the judgment of the 
 Legislature, the object of the corporation cannot be attained under 
 general laws." 
 
 The restrictions of the Constitution in this respect are, it seems 
 to me, needlessly disregarded of late years. Nevertheless, the 
 Legislature has carried out the purpose of that instrument so far 
 as to enact general laws under which societies for benevolent and 
 charitable purposes, naming expressly among them benefit societies, 
 may incorporate themselves, and other general laws under which 
 life and health insurance companies may be organized with corporate 
 privileges. 
 
 This company associated itself under the general law for charitable 
 and benevolent societies, and now seeks to be made a corporation by 
 special act for business similar to that of life and health insurance 
 companies. It seems to me that it would be a proper conformity 
 with the established policy of the State that they should reorganize 
 under the act for the incorporation of life and health insurance com- 
 panies, which is sufficiently liberal to allow of their adopting any 
 form of affording compensation or regulating the rate of compensa- 
 tion in case of death or sickness. 
 
 It is true the general law does not allow companies to combine 
 both branches of this business, that is to say, a company cannot be 
 at the same time a life insurance company, and a health insurance 
 company. Under the bill before me, both branches of the business 
 are contemplated to be done by one association. If the policy of 
 the State is to be changed in this respect, the change should not be 
 
Messages of Qoy, JJoffmajj, 129 
 
 limited to a few special instances ; but the general law sbould be 
 amended. So, also, if the company is more properly to be classed 
 among benevolent and charitable societies and the general act foi 
 their in corporation is now too restricted in its provisions, that act 
 should be amended instead of relief being afforded in one or t^q 
 cases. 
 
 If, on th^ other hand, it is to act as a life insurance con^pany, it 
 should, like other corporations of that' nature, come in under the 
 general law, and so be subject to tl^e supervision pf the Insurance 
 Department, and to the provision requiring the deposit of securities 
 with that department. 
 
 JOHN T. HOFFMAN. 
 
 Albany, April 25, 1870. 
 To THE Assembly ; 
 
 I return, without my approval, the Assembly bill No. 372, enti- 
 tled " An act incorporating the Peabody Mutual Benefit Company 
 of the city of New York." 
 
 The bill is obj eetionable bec^^use it does not state definitely the 
 object of the Company. All it says on this point, is that the pur- 
 pose is mutual protection and benefit in case of death. The pro- 
 posed incorporation is authorized to hold, purchase and sell real and 
 personal property of any kind to the amount of $300,000. It may 
 issue certificates of membership, " which certificates shall state the 
 agreement with the member receiving the same." While, therefore, 
 the bill authorizes a general business to the extent of the company's 
 capital, in buying and selling real and personal property, it is also 
 an unavoidable inference, from the terms of the bill, that life insu- 
 rance is to be a part of the business of the corporation. 
 
 The general laws of the State having imposed on all life insurance 
 companies certain restrictions and rules, and subjected them to the 
 supervision of the Insurance Department, and required of them a 
 deposit of securities with that department, I do not feel that I should 
 be justified jn approving a bill creating a corporation with power to 
 do business in life insurance, unless the provisions of these general 
 laws are to apply to it as to all .Qthexs engaged in like business. 
 
 JOHN T. HOFFMAN. 
 
 17 
 
130 Messages of Gov. Hoffman. 
 
 Albany, AprU 25, 1870. 
 To THE Assembly : 
 
 I return, without approval, the Assembly bill entitled an " An 
 act to incorporate the National Mutual Benefit Association of the 
 city of Buffalo." 
 
 The character and apparent purposes of the bill being similar to 
 those of Assembly bill No. 272, also returned, not approved, here- 
 with, and my objections being the same in both instances, I respect- 
 fully refer you to the message accompanying that bill. 
 
 JOHN T. HOFFMAN. 
 
 Albany, April 25, 1870. 
 To THE Assembly : 
 
 I return, without approval, the Assembly bill entitled " An act 
 in relation to coroners in the county of Erie." 
 
 The bill provides that the county shall be divided, for the pur- 
 poses of the proposed act, into three districts ; that four coroners 
 shall be elected by the electors of the whole county, two of whom 
 shall be chosen from the city of Buffalo, which is made one district, 
 and one from each of the two other districts. It then provides that 
 such coroners shall reside and keep their offices in their respective 
 separate districts, and exercise their office only within the bounds of 
 the districts in which they reside. 
 
 If it were legitimate for the Legislature to enact such a law, it 
 would be manifestly unjust to permit such of the people of the 
 county as reside outside of any one of the proposed districts, to vote 
 for a coroner who was to exercise his power only in that district. 
 
 But it is not legitimate. A coroner is a county officer under the 
 Constitution, and the Legislature is not competent, in my judgment, 
 to restrict his jurisdiction to any smaller territorial limits. 
 
 JOHN T. HOFFMAN. 
 
 Albany, Apra 26, 1870. 
 To THE Assembly : 
 
 I return, without my approval. Assembly bill No. 600, entitled 
 
 " An act to_facilitate the construction of the railroad of the Adiron- 
 
Messages of Gov. Hoffman, 131 
 
 dack Company, and its extension to the waters of the St. Lawrence 
 Eiver at the city of Ogdensburg." 
 
 The bill proposes to grant out of the State treasury about one 
 million seven hundred thousand dollars in aid of the construction of* 
 the railroad of the Adirondack Company, a road which, when com- 
 pleted, will extend from Saratoga Springs to Ogdensburg ; the sum 
 BO granted to be levied by tax upon the people of the State at large. 
 
 The projected road would pass through a part of the State whicl^ 
 is sparsely inhabited, and which is, in fact, almost in the condition 
 of the primitive wilderness. It cannot hope, therefore, to receive, 
 from towns and other municipalities pecuniary aid, in the manner 
 provided by the general town bonding act, under which many enter- 
 prises of this kind have been and are being materially assisted. The 
 road would render accessible a section of the State known to be rich 
 in mineral wealth and to abound in valuable timber. For want of 
 ability to reach our great markets, this region fails to contribute to 
 the general wealth in proportion to its abundant, though undeveloped 
 resources. The advocates of the enterprise can well urge that the 
 people of the State at large are interested in and would be benefited 
 by any public work which would induce the settlement of an in- 
 dustrious population in this now unproductive region. The same 
 reason was adduced last year, and will be again adduced now in 
 favor of granting aid to the Whitehall and Plattsburgh road from the 
 State treasury. In fact, this argument may be made, with varying 
 force, in favor of all the roads which are applying for grants of 
 money from the treasury. 
 
 There are seven bills of this nature now in my hands, to-wit : 
 This one, in which the whole sum a()propriated is not definitely 
 stated, being at the rate of ten thousand dollars per mile, but in 
 which the tax authorized for the purposes of the road amounts to 
 about one millionf seven hundred thousand dollars ; one granting one 
 million five million five hundred thousand dollars to the New York 
 and Oswego Midland railroad ; one granting five hundred thousand 
 dollars for tunneling Pine Hill ; one granting three hundred thou- 
 sand dollars to the Whitehall and Plattsburgh railroad ; one grant- 
 ing three hundred thousand dollars to the Buffalo and Washington 
 railway ; one granting one hundred and fifty thousand dollars to the 
 Carthage, Watertown and Sackett's Harbor railroad company ; and one 
 granting five thousand dollars per mile to the Cattaraugus railway, 
 which, on twenty-five miles length of road, at which it is reported 
 to me, will amount to one hundred and twenty-five thousand dollars. 
 
•132 Messages of &ov. HopiFMAN. 
 
 It will be seen that these direct gifts from the Treasury would 
 amount, in the aggregate, to about four million six hundred thou- 
 sand dollars, nearly half as much as the entire tax levied last year 
 for the purposes of the State government, including our schools, 
 charities, &c. 
 
 These several bills have passed the Legislature with about the 
 sS,me proportion of Votes in favor of each one. It will not be de- 
 nied thit they have not been passed, each iexclusiVely upon its own 
 merits, but that the friends of the several projects combined their in- 
 fluence and their votes towards obtaining, for all of them, the sanc- 
 tion of the two Houses of the Legislature, and that, without this 
 coalition of interests, no one of them would, probably, have passed. 
 They are, each and every one of them, private and local bills; so 
 that if their proposed enactments were all to be found in one bill, 
 the act would be void under the provisions of the Constitution. I 
 think I am justified however, in regarding them, passed, as they 
 have been, almost simultaneously by a combined effort of theit 
 friends, as being practically one measure. This scheme of linked 
 legislation does not embrace quite all the measures of this kind pre- 
 sented to the Legislature. One other, at le^t, is still pending. 
 
 It must be regretted that such combined action of the friends of 
 many separate projects, of various degrees of merit, shouldbe deemed 
 necessary to their sanction by the Legislature, or should have been 
 taken to secure that sanction ; for it conflicts with the spirit of the 
 Constitution. 
 
 It is true that the friends of each of these projects, in advocating 
 it before me, inVariably insist that their enterprise is entitled to favor 
 above all the others, beeauat of its superior and peculiar merits. 
 None of the friends of any one of the bills have been urgent to have 
 me approve of the others. Expecting that I could not consent to 
 this great draft on the public treasury, in the aggregate, they sepa- 
 rately urge that it is my duty to discriminate in favor of one among 
 the several claims, that one being, of course, in each case, their own ; 
 and thus the practical application of their arguments for discrimina- 
 tion would seem to lead to the rejection of all. 
 
 The reasons that can be adduced in favor of the road for which 
 this bill provides I have already mentioned ; the friends of the New 
 York and Oswego Midland bill can urge that their road passes 
 through a well-settled and cultivated region, which has hitherto 
 been shut out from direct connection with the great markets, the 
 residetits in which have already contributed largely by taxing them- 
 selves, through their town governments, towards the completion of 
 
Messages of Gov. Hoffman. 133 
 
 the work, and that, notwithstanding these contributions and those 
 of capitalists, there is danger th^t the progress of the work will be 
 checked, unless further aid is afforded ; those who support the bill 
 for the Buffalo and Washington road can claim that, as the road 
 will afford means of transportation from extensive coal regions, it 
 will contribute, in a, large degree, to increased commerce upon our 
 canals ; the advocates of the Whitehall and Plattsburgh bill have 
 heretofore urged and do now urge that their road will connect with 
 the State property and works, and that the facilities for travel in 
 and through the ilnportant region which the road will traverse are 
 so meagre that in winter one of our public institutions cannot be 
 reached except by way of Vermont ; those who ask for the appro- 
 priation for the Pine Hill tunnel, point to the fact that they were 
 led by a resolution, on the part of one House, at least, of the Legis- 
 lature, passed some years ago, to expect the aid they now ask when 
 they should reach that point in the construction of their work at 
 which they have now arrived ; the Cattaraugus Railway Company 
 argue that they will make an important connection with the Buffalo 
 and Washington road, so that their claim and that of the latter road 
 rest upon precisely the same grounds. The friends of the remain- 
 ing bill, of the seven now before me, urge like considerations. 
 
 The Legislature has made no discrimination among these several 
 measures. The votes given in favor of them severally have been 
 about the same in number. They pronounce them all alike meri- 
 torious. 
 
 Under these circumstances, I am asked, when urged to discrimi- 
 nate among them, to J(^slate, by my own action, a certain sum of 
 money out of the treasury for some one of these enterprises ; to 
 decide in favor of one and against others, iiot upon any constitutional 
 grounds or general principle, but simply according to my views of 
 the relative merits and needs of each. I am not willing to take 
 upon myself this task of selection, from which the Legislature has 
 shrunk ; and I could not justify myself for undertaking it. 
 
 The Legislature having presented these bills to me, practically, 
 as one entire measure, so far as constitutional restrictions would 
 permit them to do so, I respectfully decline to give them my ap- 
 proval. 
 
 It is no time to deal carelessly or lightly with the question of 
 adding to the burdens of the people by new taxes. Prices of agri- 
 cultural products are shrinking, business is generally inactive, and 
 many whose industry, last year and the year before, yielded them a 
 surplus, now find that after paying the cost of subsisting their 
 
134 Messages of Q-ov. Hoffman. 
 
 families, the heavy taxes of the times, which have not diminished 
 and are not diminishing, exhaust allthit is left. Whatever may be 
 the merits of any of the projects proposed to be aided by these bills, 
 however it may be argued that the enterprises, when completed, will 
 contribute more to the general prosperity of the people of the State 
 than the amount the Legislature proposes to give to them now out 
 of the public treasury, it is necessary for us first to consider whether 
 the present condition of things is such that the people can, with 
 comfort, endure any further draft upon their resources. In my 
 own judgment, our people cannot afford and will not sanction any 
 heavy addition to their taxes, which can be avoided or postponed. 
 
 If this be so, that the present outlay of public money, proposed 
 by these bills, would operate oppressively upon the people, it is not 
 wise for us to listen only to the promises held out of great future 
 returns, to be enjoyed when these various works shall be completed. 
 In public affairs as well as in private business, there are times when 
 it is, above all things, a matter of primary duty to be cautious about 
 either spending money or incurring debt. In the present condition 
 of the business of the country, and especially of its agricultural in- 
 dustry, on which all other branches of industry depend, it is the 
 duty of those who have charge of the public purse to be careful how 
 they make new drafts upon it. 
 
 I have not entered into the question of the propriety of granting 
 aid from the State treasury, without express consent of the people, 
 to any enterprise whateverj which, although it may be of great ser- 
 vice to the general good, is still a private undertaking, no part of 
 the profits from which, when realized, are to go into the treasury of 
 the State. Whether it is right to do so in any case, whether it is 
 not in opposition to the spirit of the Constitution, are questions about 
 which a wide difference of opinion may be found to exist. It is not 
 necessary to enter into this discussion now. The experience of the 
 friends of the several enterprises of this kind now on foot, taken for 
 several years past, has shown very clearly that no one of them can 
 secure a legislative appropriation except in combination with others 
 and that, with the progress of time, the necessity for and the mag- 
 nitude of these combinations greatly increase. No railroad can secure 
 a legislative donation of State aid of a million of dollars or less, except 
 on condition of the donation of many millions to others. 
 
 The most practical and just way to secure contributions from the 
 State treasury in aid of an enterprise like this, upon its own merits, 
 and the way which is in harmony with the Constitution and with 
 the rights of the people at large, is to submit the question to the 
 
Messages of Gov. Hoffman. 135 
 
 people for their decision. In a message to the Senate last year, 
 accompanying a bill returned without approval, which was like this 
 one, and which proposed to grant aid to the Whitehall and Plattsburgh 
 Sailroad, I called attention to this point and said, in substance, that 
 if it were desirable for the State to extend aid to undertakings of 
 the nature of those now under consideration, it would be much 
 fairer to the people, and probably much more for the benefit of the 
 enterprises themselves, that the proposition should be submitted to 
 a vote of the whole people of the State, whether they would incur a 
 debt for the purpose. 
 
 The Constitution forbids the lending of the credit of the State to, 
 or in aid of any association or incorporation ; but it also provides 
 that a debt may be authorized by law for any work or object to be 
 specified therein, the principal thereof to be paid within eighteen 
 years, such law to be submitted to and approved of by the people. 
 If this course should be pursued, the taxes for the amount contri- 
 buted by the State could then be spread over a long period, instead 
 of being levied, as these bills propose, almost immediately. 
 
 In all cases where towns are authorized by law to contribute money 
 or to lend their credit to railroad companies, the consent of a mar 
 jority of the tax payers of the town is required to be first obtained. 
 Is it not proper that, when money is to be given from the State 
 Treasury for similar purposes, a like consent should be obtained 
 from a majority of the people of the State ? 
 
 I cannot approve of these bills as a whole, and I decline, for the 
 reasons given, to discriminate among them. 
 
 It has been suggested to me to retain these bills until after the 
 adjournment of the Legislature ; but I feel it to be my duty, in view 
 of the principles involved, and of the magnitude of the enterprises, 
 to return them with my objections. 
 
 I therefore return this bill, as I shall all the others, with my ob- 
 jections. 
 
 JOHN T. HOFFMAN. 
 
 Albany, April 26, 1870. 
 To THE Assembly : 
 
 I return, without approval, Assembly Bill No. 598, entitled " An 
 Act to facilitate the construction of the Buffalo and Washington Eail- 
 
136 Messagis of Gov, HoPFMAif, 
 
 way." My reasons are given iu a message aooompanying Assembly 
 Bill No. 600, also returned without approval, to which I respectfully 
 refer you. 
 
 JOHN T. HOFFMAN, 
 
 AprU 26, 1870. 
 To THE Assembly : 
 
 I return, without approval. Assembly Bill No. 479, entitled " An 
 Act to aid in the completion of the Whitehall and Plattsburgh railroad, 
 &e., &c." My reasons are given in a message accompanying Assem- 
 bly Bill No. 600, also returned without approval, to which I respect- 
 fully refer you. 
 
 JOHN T. HOFFMAN. 
 
 Albany, Jpj-i? 36, 1370, 
 To THE Assembly : 
 
 I return, without approval, Assembly Bill No. 271, entitled " An 
 Act making an appropriation from the State Treasury to tunnel 
 Pine Hill." My reasons are given in a message accompanying As- 
 sembly Bill No. 600, also returned without approval, to which I re» 
 speotfully refer you. 
 
 JOHN T. HOFFMAN. 
 
 Ai-bany, April 26, 187«. 
 To THE Assembly : 
 
 I return, without approval. Assembly Bill No. 477, entitled " An 
 act to facilitate the construction of the New York and Oswego Mid- 
 land railroad." My reasons are stated in a message accompanying 
 Assembly Bill No. 600, also returned without approval, to which I 
 respectfully refer you. 
 
 JOHN T. HOFFMAN. 
 
 Albany, April 26, 1870. 
 To THE Senate : 
 
 I return, without approval. Senate Bill No. 485, entitled " An 
 Act to aid in the constructiom of the Carthage, Watertown and 
 Sackett's Harbor Bailroad." 
 
Messages of Gov. Hoffman. 13T 
 
 My reasons being given at length in a message to the Assembly 
 of this date, accompanying a bill originating in that House of like 
 purpose with this one, in relation to the Adirondack Company's 
 Bailroad, I respectfully refer the Senate to a copy thereof appended 
 hereto. 
 
 JOHN T. HOFFMAN. 
 
 Albany, April 26, 18T0. 
 To THE Senate : 
 
 I return, without approval, Senate Bill No. 474, entitled " An 
 Act to facilitate the construction of the Cattaraugus Kailway," for 
 the reasons to be found appended to my message accompanying 
 Senate Bill No. 485, also returned without approval, and to which 
 message I respectfully refer you. 
 
 JOHN T. HOFFMAN. 
 
 18 
 
1870. 
 
 MEMORANDA OF OBJECTIOIfS 
 
 Endorsed on Sundry BW^s filed, after adjournment of the Legist 
 hture, by the Governor with the Secretary of State, not signed. 
 
 An Act to repeal the second section of chapter five hundred and 
 sixty-four of the laws of eighteen hundred and sixty-nine, entitled 
 " An act authorizing additional tolls to be collected on plank roads 
 in the county of Albany." 
 
 Not Appeoved — The second section of the act of May 4, 1869, 
 which the bill seeks to repeal, places the plank road of the Great 
 Western Turnpike Company on an equality, as to rates of toll, with 
 other plank roads of Albany county. This equality should not be 
 disturbed by this special enactment. There is no good reason why 
 the toll rates on all plank roads should not be the same. 
 
 An Act to provide for the erection of a public market in the 
 Thirteenth Ward of the city of New York. 
 
 Not Approved — I refused my sanction to a bill of like nstture, 
 last year, for the reason that markets built at the public expense 
 have not proved satisfactory, and that the system should not be ex- 
 tended. Private capital will do all that is necessary in this direction. 
 
 An Act to amend an act entitled " An act for the better protec- 
 tion of minors," passed April twenty-nine, eighteen hundred and 
 sixty-nine. 
 
 Not Approved — The bill contained some excellent provisions, 
 but there are others which would seriously and unnecessarily incon- 
 venience charitable institutions having charge of minors, and at the 
 same time operate to the prejudice of the minors themselves. 
 
 An Act to increase the compensation of the Assessors of the town 
 and village of Malone. 
 
 Not Approved — The provisions of the bill, if proper, should be 
 extended to all the towns and villages of the State. 
 
Messages of Gov. Hoffman. 139 
 
 An Act releasing lands under water to the present owners of the 
 adjoining lands, between the northern boundary of Madison avenue 
 and the northern boundary of South Ferry street in the city of 
 Albany. 
 
 Not Approved — Commissioners of Land Office have full power 
 in the matter. 
 
 The Governor sends to the Secretary of State, without his signa- 
 ture, the following bills ; all such claims being provided for in the 
 general law conferring power on the Canal Appraisers, Chapter 321, 
 Laws of 1870 : 
 
 Belief of Charles C. Smith. 
 
 Relief of G-uy Davis. 
 
 For the appraisal and payment of damages, Stillman Cutler, 
 Tonawanda Creek. 
 
 For appraisal and payment of damages to Benjamin Benson. 
 
 Relief of Peter W. Anthony and others. 
 
 Relief of John D. Blood and others. 
 
 Relief of Charles E. Fraser and others. 
 
 Relief of Esther Backer. 
 
 Relief of James Carney and others. 
 
 Relief of Valentine Reynolds and others. 
 
 Relief of Joseph D. Loveland and others. 
 
 Relief of George Becker. 
 
 Relief of Aaron White. 
 
 Relief of Charles Smith and others. 
 
 Relief of Erskine Q. Clark and others. 
 
 To authorize Canal Appraisers to hear and determine claim of 
 Thomas McGuire. 
 
 Relief of Charles H. Green and others. 
 
 Relief of Edwin B. Bissell. 
 
 Relief of George Williams and others. 
 
 Relief of Noble Jackson and others. 
 
 Relief of the city of Syracuse. 
 
 Relief of George Hendricks and others. 
 
 Relief of Roswell S. Burrows. 
 
 Relief of Daniel Cotter. 
 
 Relief of Jeremiah Flood. 
 
 Relief of Henry J. Seymour. 
 
 Relief of Michael Storen and others. 
 
 Relief of Luther Wright and William 0. Hubbard. 
 
 Relief of the " Christian Church " of the village of Tonawanda. 
 
140 Messages of Gov. Hoffman. 
 
 An Act to establish a Stock Exchange in the city of New York, 
 and for the government and regulation of the same. 
 
 Not Approved — The bill confers extraordinary and unusual 
 powers, and among other things exempts the proposed corporation 
 from the operation of the usury laws and the statute of frauds. It 
 is open in other particulars also to very serious objections. 
 
 An Act relating to the care, maintenance, and medical treatment 
 of insane persons, and of their removal from the State Lunatic 
 Asylum at Utica or elsewhere to the County Poor-House in the 
 county of Saratoga. 
 
 Not Approved — The bill is special legislation for only one 
 county, and the policy of sending insane persons to the county poor- 
 houses not a wise one. 
 
 An Act to amend an act entitled " An act to consolidate the 
 several school districts and parts of districts within the corporation 
 limits of the village of Saratoga Springs, and to establish a Free 
 Union School or schools therein," passed April twelfth, eighteen 
 hundred and sixty-seven. 
 
 Not Approved — The bill takes away from the village authorities 
 the power they now possess to levy taxes for all the ordinary expenses 
 of schools ; and requires a vote of a majority of the taxable property 
 to authorize expenditure in any year beyond a certain specified sum. 
 It would work injuriously to the schools, possibly, and is, at all 
 events, special legislation for one village only. 
 
 An Act to authorize the Commissioner or Commissioners of High- 
 ways of the town of Florence, Oneida county, to locate and establish 
 the routes and bounds of the highways in the said town. 
 
 Not Approved — The Commissioners of Highways of the several 
 towns of the State already have power, under the Revised Statutes 
 (part 1, chapter 16, title 1, act 4, sec. 100), over the subject matter 
 of the bill. 
 
 An Act to provide the Flatbush Fire Company with fiinds for 
 the purchase of hose and keeping its property in order. 
 
 Not Approved — Bill provides that the fire company shall bor- 
 row money for its special use, and the repayment of the loan shall 
 be a town charge, to be levied by tax; the loan, if necessary, should 
 be negotiated by the town officers and the fund be controlled by 
 them. 
 
Messages of Gov. Hoffman. 141 
 
 An Act for the relief of Clark Snook. 
 
 Not Approved — The bill is defective. It authorizes the Canal 
 Board to determine the claim, and then the appraisers are to award 
 " upon the evidence," the damages, &c. 
 
 An Act to consolidate the several school districts, and parts of 
 school districts, within the corporate limits of the village of White 
 Plains, in the County of Westchester. 
 
 Not Appeoved — Most that the bill proposes can be accomplished 
 by the people of the village under the General Laws (chap. 555, 
 laws of 1864, title 9). The provision exempting school property 
 -irom taxation is superfluous, and others are objectionable ; such as 
 that which authorizes the Board of Education to mortgage the school 
 property. 
 
 An Act to incorporate the village of New Hartford. 
 
 Not Approved — The bill provides for organization by a first 
 election on the first Tuesday of May of this year. As that day is 
 already past, the signing of this charter would not afi'ord the people 
 so early an organization as they can obtain under the general Village 
 Act, passed at the last session (chap. 291, Laws of 1870) ; the powers 
 they ask for are all conferred by that act, and I learn the promoters 
 of this bill prefer now to organize under the general law. 
 
 An Act to authorize the Trustees of the " Evans Mills Cemetery 
 Association " to raise money to fence the said cemetery ground. 
 
 Not Approved — The bill authorizes a private corporation to 
 levy and enforce a tax upon its members in the same manner as a 
 public tax for educational purposes could be enforced, including, of 
 course, distress of persopal effects. Provision should have been made 
 by its own rules for all necessary and proper contributions from its 
 members. 
 
 An Act for the determination and settlement of the claims of the 
 heirs-at-law of Christine Shenandoah. 
 
 Not Approved — This is a claim for improvements on lands 
 ceded to the State by the Oneida Indians, by treaty in 1824. It 
 appears by papers in the Comptroller's office that the improvements 
 on lot 31, named in this bill, were appraised then as belonging to the 
 Widow Honyoust, the principal claimant named in the bill, and that 
 she was paid in June, 1825, the sum so appraised, and that in 1828 
 she was paid for improvements on other lots, at which time she exe- 
 cuted a second receipt and a quit-claim for all improvements. 
 
 The State afterwards, under a special act of the Legislature, per- 
 
142 Messages op Gov. Hoffman. 
 
 t 
 
 mitted this lot to remain in possession of the Indians, for a parsonage, 
 for ten years ; and when this use ceased and the State sold the ground, 
 the value of the improvements was given up in the settlement with 
 the purchaser, who was the same person who had occupied it at thfe 
 request of the Indians. So that the State has dealt liberally in the 
 matter throughout, and no claim can exist. 
 
 An Act to amend an act entitled "An act to incorporate the Buf- 
 falo and Williamsville McAdam Eoad Company," passed May 3, 
 1836. 
 
 Not Approved — The bill provides for the removal of atoll-gate 
 upon the application of either the company or the Common Council 
 of Buffalo, by order of the County Court or the Supreme Court of 
 the city ; and also that a certain portion of the road shall cease, there- 
 after, to belong to the company. 
 
 The original charter of the company (chap. 240 of Laws of 1836) 
 says, " it shall be lawful for the judges of the County Court of the 
 county of Erie to order" any toll-gate " to be removed," and thence- 
 forth " it shall not be lawful" for the company " to collect tolls'' 
 until the gate shall have been removed to the place directed in the 
 , order of the court. 
 
 This bill is unnecessary, therefore, to the removal of the toll-gate, 
 and the company will, of course, be glad to abandon so much of the 
 road when the tolls can no longer be collected on that part of it. 
 
 An Act for the relief of Richard Calrow, Jr. 
 
 Not Appeoved — Aside from some of the provisions of the bill 
 itself, which are extraordinary and improper, there are good reasons 
 why this claim should not be further investigated. 
 
 Claims of Mr. Calrow, under his contract for construction of New 
 York Arsenal, were, by chapter 273, Laws of 1859, submitted to and 
 passed upon by a Referee. 
 
 By chapter 327, Laws of 1862, the Lieutenant-Grovernor, Comp- 
 troller, and Secretary of State were authorized to examine further 
 ■ his claim for work and materials, under the contract " or otherwise," 
 for which the State was legally or equitably bound. 
 
 December 30, 1862, they reported unanimously " that there is 
 nothing due, and that no work has been done or materials furnished, 
 under the contract or otherwise, for which the State is legally or 
 equitably liable beyond what has already been paid." To authorize 
 a re-examination and award, after a lapse of eight years, no new 
 facts beipg developed or evidence discovered (as is now admitted to 
 be the case), would establish a precedent indefensible and 3angerous. 
 
Messages of Gov. Hoffman, 143 
 
 An Act to incorporate tlie Mutual Loan and Depositors' Institu- 
 tion of the city of New York. 
 
 Not Appeoved — The bill authorizes the company, among other 
 things, to do a pawnbroker's business, as well as to loan money upon 
 general personal securities. Under its provisions, the company would 
 claim to the rights charge upon all loans the rates of interest allowed 
 to licensed pawnbrokers in cities. 
 
 An Act to amend an act entitled '' An act in relation to the open- 
 ing, widening, and extending of streets, avenues, and public places 
 in the city of New York." 
 
 Not Approved — The amendment provides that three-quarters 
 of the whole cost of opening and grading any street running northerly, 
 north-easterly, or north-westerly (north of One Hundred and Fifty- 
 fifth street), and of any park or place north of One Hundred and 
 Fifty-fifth street, shall be assessed upon the city at large, and only 
 one-quarter on the " property benefited." There is no justice in 
 such an arbitrary rule of assessment. 
 
 An Act " to incorporate the Nassau Savings Bank of the city of 
 Brooklyn. 
 
 Not Approved — The bill authorizes the trustees to assign their 
 places ; and the available fund, so-called, which is to be loaned at 
 discretion, is not limited. 
 
 An Act to alter the map or plan of the city of New York. 
 
 Not Approved — The counsel to the corporation of New York, 
 to whom I have submitted it, suggests objections to the bill, in 
 which I concur. Among other things, the bill directs the Comp- 
 troller of the city to refund certain assessments which may have 
 been paid for opening that part of the street now proposed to be dis- 
 continued. The Comptroller cannot do this without an appropria- 
 tion, so that injustice may be done by discontinuing work for benefit 
 from which parties have already paid their assessments. 
 
 An Act to incorporate the Chemung and Tioga Bridge Company. 
 
 Not Approved — The general laws provide (see chap. 259 Laws 
 of 1848, chap. 372 Laws of 1852, and chap. 120 Laws of 1854) for 
 incorporation of bridge companies, and for construction of bridges 
 by them, with the consent of the Board of Supervisors, who are also 
 authorized to fix the rates of toll. 
 
 An Act to confirm the proceedings taken by the Common Coun- 
 cil of the ■city of Buffalo to lay out and extend Grenesee street from 
 
144 Messages op Gov. Hoffman. 
 
 its termination at Best street througL to intersect tbe Buffalo and 
 Batavia plank road. 
 
 Not Approved — The Common Council have full power in this 
 matter, and cannot need a confirmation of their acts unless they 
 have done something or omitted something contrary to the regula- 
 tions of law. By new proceedings in conformity with law, they can 
 themselves remedy any existing defects. ■ 
 
 An Act to incorporate the Security Bank of the city of Brooklyn. 
 
 Not Approved — Bill submitted to Superintendent of Banking 
 Department, and he makes objection to it, as not conforming to the 
 laws of the State in reference to banks. 
 
 An Act to provide for the erection of a public hall in the Village 
 of Newark. 
 
 Not Approved — The bill designates five persons as commis- 
 sioners, with power to purchase or lease a site for, and to erect a 
 public hall at an expense of twenty thousand dollars ; for which the 
 commissioners may issue bonds on the credit of the village, and the 
 bonds " shall be signed by the presideht and clerk of the village, 
 at the request and direction of the commissioners ;" the bonds to 
 be paid by tax. 
 
 The village authorities are ignored and no consent of the people 
 to the tax is required in the bill. 
 
 An Act to amend chapter 454 of the Laws of 1868, entitled " An 
 act authorizing the construction of a rail road from the end of the 
 Long Wharf on the Hudson Eiver, in the town of Fishkill, Dutchess 
 County, to Matteawan in said town," passed April 29, 1868. 
 
 Not Approved — on account of remonstrance from some of the 
 original incorporators and a large number of residents and property 
 owners at Matteawan. 
 
 An Act to incorporate the Oneida Kiver Road, in the town of 
 Schoeppel, in the county of Oswego. 
 
 Not Approved — The bill appoints three persons as special 
 commissioners to improve a certain road at an expense of three 
 thousand dollars. The Supervisors have power now (chap. 855 of 
 the Laws of 1869) " to provide for the improvement of any public 
 highway laid out in pursuance of law." 
 
 It may be that they must entrust such work to the regularly 
 elected Commissioner or Commissioners of Highways of the town, 
 which is proper. They may authorize the borrowing of money for 
 the purpose by the town, and make the money so borrowed payable 
 
Messages of Gov. Hoffman. 145 
 
 * year hence, and so tp bp a part of the ijext tax levy. Fpr sq 
 ordinafy a vfov\ it does not seem to me to be proper to supersede 
 the Commissioners of Highways by legislative act. 
 
 An Act tp inoorppr^te the Fifth 4-^6nu|e Savings Bant pf New 
 York. 
 
 Not? Approved —: Section sixth authorizes inyestmerjts in bonds 
 of cities and counties of other States. 
 
 An Act to incorporate the Farmers' and Mechanics' Savings Bank 
 of the county of Schenectady. 
 
 Not Approved — The bill was passed without compliance with 
 the general law of 1869. I have, notwithstanding, submitted it to 
 the Superintendent of the"Banking Department for examination. 
 He reports that some of its provisions are very objectionable, and, 
 on examination, I concur with him, and decline to give it approval. 
 
 An Act to amend an act entitled " An act to amend an act en- 
 titled ' An act to authorize the formation of railroad corporations, 
 and to regulate the same,'' passed April 2, 1850, so as to permit 
 municipal corporations to aid in the construction of railroads," passed 
 May 18, 1869. 
 
 Not Approved — This bill passed in the closing hours of the 
 session. One amendment subjects the counties of Albany, Erie, 
 Grreene, Seneca, Yates, Onondaga, and Niagara (heretofore excepted) 
 to the operation of the General Town-bonding act. The Senator 
 representing Albany and many tax-payers protest against its be- 
 coming a law; the bill having been, so far as Albany is concerned, 
 and, perhaps, as to other counties, a surprise, an,d having passed 
 hastily and without discwsswn. The papers before me shovr that the 
 printed bill proposed no amendment affecting the counties named, in 
 which respect it differs from the bill as engrossed ; nor is there any- 
 thing among these papers to show how or when the amendment 
 was made. 
 
 A,n Act to incorporate the Frojit^er G-as Iiigh,t Co^ipany of the 
 (City of Waterto\5rn. 
 
 Not Approved — Watertown h^s a population of ten thousand 
 or less ; it has one gas company already in operation, and ,there is 
 scarcely any need for this special organization ; there are general 
 laws for organizing gas companies. 
 
 A^ Act for the relief of John M. Humphrey. 
 Not Approved — The bill provjides for reimbursement, of money 
 paid for land sold by the State, the title to which proved not to be 
 19 
 
146 Messages of Gov. Hoffman. 
 
 in the State. The Cominissioners of the Land Office have full power 
 in such matters now — see Kevised Statutes, part 1, chap. 9, title 5. 
 act 1, sec. 6. 
 
 An Act to fix the valuation of lots 19, 20 and 21, in block 45, 
 in the Third Ward of the city of Oswego. 
 
 Not Approved — The bill provides that certain real estate shall 
 continue on the Assessors' books at the same valuation as that of 
 1870, for purposes of all taxation, for twenty years to come, pro- 
 vided the buildings thereon shall be used for a hotel. The pro- 
 perty is now unimproved, and the object of the bill is to exempt 
 from taxation of any kind, State or local, for a period of twenty 
 years, the improvements that are to be made. To state the pro- 
 visions of the bill is sufficient to explain why it should not be 
 approved. 
 
 An Act to extend the operation and effect of the act passed Feb- 
 ruary 17, 1848, entitled " An act to authorize the formation of 
 corporations for manufacturing, mining, mechanical, or chemical 
 purposes." 
 
 Not Approved — Section 3 extends, indefinitely, the time within 
 which the capital stock may be paid in ; whereas the original act pre- 
 scribed a definite period for such payment. There can be no good 
 reason for the change. 
 
 An Act to incorporate Protection Hose Company No 3, of the city 
 of Binghampton. 
 
 Not Approved — The charter of the city of Binghamton (chapter 
 291, laws of 1667) gives power to the city authorities to organize 
 and regulate a fire department, fire companies, &c. 
 
 An Act to authorize the construction of gas-works and the manu- 
 facture and sale of gas for the purpose of lighting a portion of the 
 city of New York, and the streets, avenues, squares, and buildings 
 therein, and to lay pipes for that purpose. 
 
 Not Approved — The bill authorizes the association to lay pipes 
 in the Central Park, without requiring the consent or supervision 
 of the Commissioners of the Park. Gas companies may, moreover, 
 be formed under general laws. 
 
 An Act to provide for paying the debts and fitting up and im- 
 proving the show-grounds of the Saratoga Agricultural Society. 
 
 Not Approved— This bill directs the Supervisors to levy a tax 
 for the benefit of a private corporation. The Supervisors, moreover, 
 
Messages of Gov. Hoffman. 147 
 
 are not only deprived of all discretion upon the question of tte pro- 
 priety of the tax, but they are not even empowered to direct or su- 
 pervise the expenditure ; nor is the object one which comes properly 
 under the taxing power, for reasons which are stated in my objec- * 
 tion to the bill for a machine-shop at Hornellsville. 
 
 An Act to authorize the town or village of Hornellsville to raise 
 or appropriate money, to be used in constructing, or procuring the 
 location or construction, within the village of Hornellsville, of a 
 building or buildings for a machine-shop, or for manufacturing or 
 repairing purposes, and for the purchase or lease of lands therefore, 
 if necessary. 
 
 Not Approved — The bill provides that, with consent of those 
 representing a majority of the taxable property of the town of Hor- 
 nellsville, commissioners, appointed by the county judge, may issue 
 bonds on the credit of the town to the amount of thirty thousand 
 dollars, principal and interest thereof to be paid by tax. The pro- 
 ceeds of said bonds, when sold, are to be used for the purchase of a 
 site for and the construction of a building in the village of Hornells- 
 ville, " to be used for a certain specified machine-shop,, or for manu- 
 facturing and repairing purposes." The Commissioners are author- 
 ized to lease the building on such terms as they think proper ; but 
 it does not appear, by the bill, how the rent is to be applied, nor 
 whether the building is to be town property. 
 
 It is evident the building is not to be used for public purposes, 
 but for private business. No remonstrance has been sent up against 
 the bill ; on the contrary, the many letters received by me from well- 
 known parties leave little room to doubt that the desire is very gen- 
 eral, if not universal, among the people of the neighborhood, that 
 they should be permitted to tax themselves for this purpose. If this 
 desire was really unanimous among them, there would be no need of 
 the bill, for every one would then voluntarily contribute his share. 
 
 Whatever may be said in favor of permitting municipalities to levy 
 taxes to aid in constructing railroads passing through them, which 
 afford them valuable highways, the argument will not apply to taxes 
 for such purposes as those of this bill. If a town may tax its people 
 to build a factory, it may do the same for any other purpose of private 
 business ; it may do so to build a hotel, or a place of public amusement, 
 or a church for some one denomination, or any other structure not 
 connected, in any degree, with governmental or public purposes, 
 which a majority may deem conducive to the pecuniary interests or 
 general prosperity of the neighborhood. It may be that the build- 
 
148 Messages O'f Gctv. Hoffman. 
 
 iug of the proposed factory would confer immediate benefit upon all 
 the people of Hornellsville ; but the time may come when they will 
 be glad to find protection in the principle that there is a limit beyond 
 which the taxing poWer should not be exerted, and that the prece- 
 dent of overstepping that proper limit was not set in this instance, 
 urgently as they now desire it. 
 
 Even if I could be assured that every taxpayer and every voter 
 in Hornellsville wished the bill to become a law, I ought not to give 
 it my official sanction. 
 
 An Act to incorporate the Corn Exchange Warehouse Company. 
 
 Not Appboved — The bill, in substance, and in fact, in express 
 terms, authorizes the taking of more than the legal rate of interest 
 for advances of money. 
 
 An Act to amend an act, entitled " An act to establish the Pawl- 
 ings and Bcekman Turnpike Company," passed April 3, 1818, by 
 authorizing the partial surrender of a portion of said turnpike. 
 
 Not Approved — The general law (chapter 87, Laws of 1854) 
 authoriifes turnpike companies to surrender portions of their roads, 
 provided the portions be at either end, or at both ends of the road, 
 and the surrender have the assent of two-thirds of the stockholders. 
 
 An Act authorizing the Otisville and Wurtsboro Turnpike Boad 
 Company to establish rates of toll. 
 
 Not Approved — The Board of Supervisors have the power 
 (under chap. 855, Laws of 1869) to increase the rates of toll upon 
 turnpike roads, upon application of the directors. This company 
 was established under the general act (chap. 210, Laws of 1847) 
 which prescribes the rates of toll to be taken by the companies or- 
 ganized under it. The present bill is not one to establish, but to 
 increase rates already established, which may be done by the Super- 
 visors. 
 
 An Act making an appropriation and authorizing a loan on the 
 credit of the county of Wayne, and the levying a tax for paying the 
 Same, for the purpose of building a bridge across G-reat Sodus Bay, 
 in the county of Wayne. 
 
 Not Approved — The bill needs a two-thirds vote, making, as 
 it does, an appropriation for local purposes. It was passed by only 
 a majority vote. 
 
 An Act to authorize the Commissioners of Highways of the town 
 of Goshen, in Orange county, to lay out and open a highway through 
 certain lands in said town. 
 
Messages of Gov. Hoffmast. 149 
 
 Not Approved — By chapter 230 of Laws of 1866, the village of 
 Goshen was taken out of the JTirisdiction of the Town Commis- 
 sioners of Highways, and all the powers of a Highway Commissioner 
 were devolved on the Street Commissioner, to be appointed by the 
 village. This bill restores the powers of the Town Commissioners 
 for this one case only, and is, therefore, objectionable as special 
 legislation. Kemonstrances are on file against it by parties through 
 wtose lands the proposed road would pass. 
 
 An Act to incorporate the Eighth Wprd Savings Bank, to be 
 located in the city of New York. 
 
 Not Approved — Senate bill No. 452 was submitted to the Su- 
 perintendent of the Bank bepartment, in conformity with the law 
 of 1869, and being approved by hiln, was reported to the Senate by 
 its committee ; but on its being recommitted, with power to report 
 complete, this bill was substituted by the committee in place of the 
 original bill. I decline to approve. 
 
 An Act to provide for the appraisal and payment of the claim of 
 Patrick Grrattan, John Riley, and the heirs-at-law of Edward Mur- 
 ray, deceased, for the construction of three locks upon the Cham- 
 plain Canal, at Fort Ann, in Washiagton county. 
 
 Not Approved — This claim should have been referred, not to 
 the appraisers, but to the Canal Board. 
 
 An Act to repeal an act, entitled " An act to amend an act to secure 
 the payment of mechanics, laborers, and persons furnishing materials 
 toward the erection, alteration, or repairing of buildings in the city 
 of New York, passed May 5, 1863," passed April 21, 1866. 
 
 Not Apoproved — Bill repeals act of 1866, which gives mechanics 
 and others a lien upon houses to the extent of the right and interest 
 of the owner therein at the time of filing notice of lien. The mover 
 of the bill thinks it is in the interest and for the protection of me- 
 chanics to repeal law of 1866. He mistakes, I think, the effect. 
 The law is now well understood, and it is better for all concerned 
 that it should remain undisturbed. 
 
 An Act to amend an act entitled " An act to amend an act entitled 
 ' An act to continue in force an act entitled an act to construct certain 
 roads from the settlements in Lewis county to Brown's Tract, in 
 Herkimer county.' " 
 
 Not Approved — The bill revives two acts which have already 
 expired without anything having been done under them, and it does 
 not indicate what is to be done, except by reference to two previous 
 
150 Messasbs op Gov. Hoffjian. 
 
 laws. This is an objectionable form of legislation. It would have 
 been as easy and certainly more proper to have re-enacted such pro- 
 visions of the former acts as were necessary, so that every one could 
 readily comprehend what the new law authorized. 
 
 An Act to protect the citizens of the State of New York from 
 empiricism, and elevate the standing of the medical profession. 
 
 Not Approved — The provisions of the bill are needlessly re- 
 strictive, and would oftentimes operate disadvantageously and harshly, 
 nor are they necessary to elevate the standing of the medical pro- 
 fession. 
 
 An Act authorizing a loan to the county of Warren, and for levy- 
 ing a tax to repay the same, and providing for the application thereof. 
 
 Not Approved — The bill authorizes the Comptroller to loan 
 $43,500 to the county of Warren, to be repaid hereafter by proceeds 
 of taxes to be levied; 117,500 is to go into the hands of certain 
 railroad commissioners of the town of Queensbury, to be applied on 
 account of certain bonds issued by that town for railroad purposes. 
 The validity of these bonds and the legal liability of the town there- 
 for are disputed by some of the tax-payers, and, I learn, very gene- 
 rally so. In view of the dispute and of the decision of the Supreme 
 Court in a case involving similar questions (51 Barb., 312), the 
 Comptroller assures me he would not feel justified in making the 
 loan authorized by the bill, and I decline to approve it. 
 
 An Act to authorize the election of Railroad Commissioners in 
 the town of Paris, in the County of Oneida. 
 
 Not Approved — The bill would exempt this one town from the 
 provisions of the G-eneral Town-bonding Act, which requires that rail- 
 road commissioners shall be appointed by the County Judge, and is 
 therefore, objectionable as special legislation. 
 
 An Act to encourage the construction of sidewalks in the village 
 of Unadilla, Otsego County, and to repeal chapter 342, Laws of 1860, 
 and chapter 420, Laws of 1869, and all acts heretofore passed in 
 reference thereto. 
 
 Not Approved — This matter should be regulated at home. 
 This is, at least, the fourth bill relating to these sidewalks since 1860. 
 The width was at first limited to four and a half feet — this bill 
 extends them to six feet. The amount of exemption from highway 
 tax is changed also, from time to time, by the several bills, and it is 
 impossible to know whether injustice is not done by such exemption, 
 be it more or less. 
 
Messages of Gov. Hoffman. 151 
 
 An Act to amend the charter of the village of Palatine Bridge. 
 Not Approved — The bill permits non-residents of the village 
 to vote at charter elections. 
 
 An Act to incorporate lone Yacht Club. 
 
 This company should be incorporated under the general law. 
 
 An Act to amend an act, entitled " An act to improve the west 
 part of the road formerly known as the Buffalo plank-road, in the 
 County of Erie/' passed April 21, 1865. 
 
 Not Approved — Special legislation detracting from the proper 
 powers of the Commissioners and Overseers of Highways as to high- 
 way labor. 
 
 An Act to legalize the acts and proceedings of the Board of 
 Trustees of the village of Cohoes and the assessors of said village in 
 relation to the construction of Canal street sewer, and raising funds 
 to pay for the same. 
 
 Not Approved — It is admitted, on the argument before me, 
 that the assessors have not merely neglected formalities, but have 
 levied assessments in direct violation of law, and which they had no 
 right to levy. It is not right that this bill, which seeks to confirm 
 illegal acts and not merely to cure errors of formality, should become 
 a law. 
 
 An Act to incorporate the Association of the Bar of the city of 
 New York. 
 
 Not Approved — The sixth section which has been added to 
 the printed bill has no connection with the other parts of the bill, 
 and the proposed incorporators prefer to organize under the general 
 law. 
 
 An Act to extend and improve Fourth street in the city of 
 Brooklyn, from the northerly side of Division avenue, through part 
 of the Nineteenth, Thirteenth, Fourteenth and Seventeenth Wards 
 of the said city of Brooklyn. 
 
 Not Approved — The second section provides " that the Com- 
 missioners may improve, grade, and pave said Fourth street." What 
 commissioners it refers to is uncertain. It cannot mean Commis- 
 sioners of Estimate, provided for by section four. It does not say 
 the Water Commissioners of Brooklyn, who now have power to re- 
 grade and repave. 
 
 Power to grade and pave is now with the Common Council. 
 
 The act in an essential part, therefore, is uncertain, and must be 
 rejected. 
 
152 Messages of Gov. Hoffman, 
 
 An Act to extend, widen, alter, and improve Banker street, and 
 to close a, portion pf the same in the city of Brooklyn, 
 
 Not Approved — The provisions of this bill are extraordinary. 
 It opens a street laid out on the city map, widens one portion of it; 
 then, changing the map, closes another portion now in process of 
 being opened by the Common Council, makes it the duty of the 
 Common Council to proceed with the work proposed by the bill, 
 and directs assessments on lots without regard to the value of the 
 lots, or the general law restricting the amount of the assessments ia 
 similar cases. No good reason is assigned for these extraordinary 
 provisions. 
 
 An Act to authorize the Trustees of the village of Charlotte, in 
 the County of Monroe, to raise money to build a police-office and 
 lock-up. 
 
 Not Approved — The trustees have express power, by the Vil- 
 lage Charter, with the consent of the tax-payers, to expend any 
 amount necessary to the purposes for which this bill provides. 
 
 An Act to enable the electors of the town of Newtown, county of 
 Queens, to vote in districts for town oflScers, and to provide for the 
 apportionment of the same to the districts herein named, and also 
 for the raising of moneys for the maintenance of the town poor and 
 other purposes. 
 
 Not Approved — The provisions of this bill conflict with the 
 charter of Long Island City, which has just become a law. 
 
 An Act to amend chapter 907 of the laws of 1869, entitled an act 
 to amend an act entitled an act to authorize the formation of rail- 
 road corporations and to regulate the same, passed April 2, 1850, sq 
 as to permit municipal corporations to aid in the construction of 
 railroads, passed May 18, 1869. 
 
 Not Approved — The bill contains a provision allowing all sav- 
 ings banks to invest a portion of their deposits in town bonds. Such 
 a provision is not proper in a bill, the title to which makes no reference 
 to savings banks. Moreover, it is not well to authorize an invest- 
 ment of savings banks deposits in securities not easily negotiable in 
 the open market. 
 
 An Act i,o enable the town of Clifton to aid the construction of 
 the railroad of the Adirondack Company. 
 
 Not Approved — Bill unnecessary. The town can do what the 
 bill proposes under the General Town-bonding Act. 
 
Messages of Gov. Hoffman. 153 
 
 An Act to amend title 16 of chapter 8, part third of the Revised 
 Statutes, relating to proceedings for the draining of swamps, marshes, 
 and other low or wet lands, and for draining farm lands, as amended 
 by chapter 888 of the Session Laws of 1869. 
 
 Not Approved — The bill is defective. It does not amend any 
 specific section of the act of 1869. It is not described as a substitute 
 for any part of that act nor as an addition to it. It is not neces- 
 sary, as an addition ; for the act of 1869 already provides for the 
 cases mentioned in this bill. 
 
 An Act to incorporate the New York Advertising Company. 
 
 Not Approved — The bill undertakes to regulate the use of the 
 streets of New York city, which should be left to the municipal 
 authorities. 
 
 An Act incorporating the Commercial Credit Guaranty Company 
 of the city of New York. 
 
 Not Approved — Sec. 2 relieves the Company from the restric- 
 tions, in the general law of the State, as to the rates of interest. 
 
 Sec. 4 authorizes general dealing in real estate. 
 
 An Act to authorize the levying of an annual tax upon the owners 
 of lots in the Lyons Cemetery, for the improvement thereof, and to 
 provide for the collection of the same. 
 
 Not Approved — The bill proposes to authorize the trustees of 
 a cemetery to levy a tax of five dollars annually for each lot sold 
 to any person in said cemetery, and to issue their warrant to a col- 
 lector appointed by themselves, who shall have power to collect the 
 tax in the same manner as school taxes are now collected. The bill 
 gives undue power to non-official persons ; and, if the lots sold were 
 to be subject to an annual rent, it should have been reserved by the 
 deed of conveyance. 
 
 An Act to enable the county of Richmond to lay out a Central 
 Park. 
 
 Not Approved — Without considering the question of the neces- 
 sity or propriety of laying out a large public park in a beautiful rural 
 region like Staten Island,! decline to approve of the bill because it pro- 
 vides that assessments are to be made, " as in case of street openings 
 in New York City." The rule of assessment for such purposes varies 
 in that city, and thus this provision would be void for uncertainty. 
 
 An Act to incorporate the Frewsburg Cemetery Association. 
 20 
 
154 Messages of Gov. Hoffman. 
 
 Not Approved — There is a general law authorizing the organiza- 
 tion of such associations. 
 
 An Act to repeal chapter five hundred and seven of the laws of 
 eighteen hundred and sixty-nine, entitled " An act to alter the 
 Commissioners' map of the city of Brooklyn," the same being for 
 the purpose of opening Pratt street in said city. 
 
 Not Approved — The bill is defective, the title not correspond- 
 ing with its provisions. It does not repeal the former act, but sim- 
 ply amends one section. 
 
 An Act to provide for the organization of the " Barnes's Corners 
 Burial Association ; " to authorize said association to tax the lots in 
 said burial ground at Barnes's Corners, in the county of Lewis. 
 
 Not Approved — There is a general law for the organization of 
 such associations. 
 
 An Act to incorporate the Haverstraw Savings Bank of the town 
 of Haverstraw, in the county of Kockland. 
 
 Not Approved — The Legislature of 1869 passed a general act 
 in relation to savings banks, imposing certain conditions on the 
 action of subsequent Legislatures in reference to bills chartering such 
 instructions. These conditions the Legislature of 1870 have disre- 
 garded, as they had a right to do. Nevertheless, in conformity with 
 the spirit of the fifth section of the act of 1869, I have submitted 
 this bill to the Superintendent of the Banking Department, and he 
 having found objections to certain provisions in it, I decline to ap- 
 prove it. 
 
 An Act to amend the charter of the Hamilton Savings Bank. 
 Not Approved — Authorizes the removal of the bank to another 
 county. 
 
 An Act to incorporate the Cascade Fire Company No. 1, of the 
 village of Little Falls. 
 
 Not Approved — The charter of the village empowers the trus- 
 tees of the village (Laws of 1850, p. 700) to maintain fire engines 
 and other apparatus for extinguishing fires. 
 
 An Act to incorporate the American Mutual Benevolent Associa- 
 tion of New York. 
 
 Not Approved — May organize under existing general laws. 
 
 An Act to incorporate Canton Lodge Number Five Hundred and 
 Fifty-eight, Independent Order of Good Templars. 
 
Messages op Gov. Hofeman. 155 
 
 Not Approved — May be incorporated under the existing gen- 
 eral laws. 
 
 An Act authorizing a part of the town of Hector, in Schuyler , 
 county, within certain defined lines, to bond under the general law 
 authorizing towns to bond for railroad purposes. 
 
 Not Appeoved — The bill sets off part of a part of a town by 
 metes and bounds, and authorizes that part to incur a separate deb t 
 for railroad purposes. I refused to approve a similar bill last year 
 for a town in SuflFolk county. Such a law would create confusion. 
 It erects a part of a town into a municipal corporation for this one 
 purpose, and no other. 
 
 An Act to amend the charter of Canastota. 
 
 Not Approved — Nothing is sought for in this charter which 
 cannot be obtained by incorporating under the general act for vil- 
 lages of 1870, except one or two things of secondary importance, 
 which are of doubtful propriety, if not positively objeetipnable. I 
 prefer, therefore, to leave the people of the yiUage to incorporate 
 under the general act, which they can do with as little delay as would 
 be occasioned by the provisions of this biU- 
 
 An Act to authorize the Board of Supervisors of Essex county to 
 levy and assess certain taxes upon certain lands in said county. 
 
 Not Approved — The bill directs supervisors tp levy specific 
 sums by tax of certain lots of lands, without saying for what purpose. 
 
 An Act to change the number and term of office of the School 
 Trustees of School District Number Seven, in the town and county 
 of Niagara, 
 
 Not Approved — The bill legislates out of office some of the 
 existing trustees, duly elected under the Union Free School act, 
 and makes the terms of office of future trustees different from that 
 prescribed by that general law ; such special laws, for a single dis- 
 trict, tend to make the school law complicated to no permanent or 
 general benefit. 
 
 An Act authorizing the Commissioners of Highways of the town 
 of Fowler, in the county of St, Lawrence, to construct a highway 
 across certain lands in said town, and to acquire title to said lands. 
 
 Not Approved — The bill provides that the Commissioners of 
 Highways of this one town shall have power to acquire title to land 
 in a highway, in the same manner as is provided in the general rail- 
 road act. I see no reason why any power should be conferred on 
 
156 Messages of Gov, Hoffman. 
 
 these officers not given to the same class of officers throughout the 
 State. 
 
 " An Act fixing the size of barrels used for packing fruit and veg- 
 etables." 
 
 Not Approved — The custom of trade vfill regulate such things. 
 But if it be desirable to regulate them by law, the measure should 
 be accurate and permanent. In 1862 the barrel of apples, peas, and 
 potatoes was defined by law as equivalent to so many quarts, dry 
 measure. (See chapter 178, Laws of 1862.) This bill repeals that 
 law, and substitutes the less accurate definition that the fruit barrel 
 shall be of like dimensions with the flour barrel. 
 
 " An Act to amend the charter of the American Popular Life In- 
 surance Company." 
 
 Not Appeoved — The Superintendent of the Insurance Depart- 
 ment objects to this bill on the ground that it would compel him to 
 adopt a different rule for estimating the condition of this one com- 
 pany from that which is in use by the Department for all Life In- 
 surance Companies. I consider his objections sound and must, 
 therefore, withhold my signature. 
 
 " An Act to change the name of the Knox Railway Clamp Com- 
 pany, to the Sheridan Manufacturing Company. 
 
 Not Approved — Can be done under general act, chap. 322, 
 Laws of 1870. 
 
 An Act to provide for the draining of certain lands in the towns 
 of Cicero and Clay, in the county of Onondaga. 
 
 Not Approved — A very comprehensive general drainage act 
 was passed last year (^chap. 888, Laws of 1869), under which all the 
 relief proposed by this special bill can be had. 
 
 An Act to amend the charter of the village of De Ruyter, Madison 
 county, and to alter the bounds and enlarge the powers of the cor- 
 poration of said village. 
 
 Not Approved — The bill provides for an extension of the 
 territory of the village, against which extension remonstrances are 
 filed. It appears the village is in debt to the extent of $20,000, 
 and no provision is found in the bill for protecting the territory 
 which is to be added from the taxes to be levied therefor. 
 
 An Act to regulate proceedings in the construction of roads and 
 laying out highways in the town of Newtown, Queens county. 
 
Messages of ©ov. Hoffman, 157 
 
 Not Approved — The provision of the first section that all high- 
 ways directed to be laid out by any law of the State by commis- 
 sioners in the town of Newtown " shall be laid out, constructed, and 
 completed in such manner as such commissioners may deem expedient 
 and to the best interests of the public," is too sweeping a delegation 
 of power and discretion, which, in the special acts heretofore passed, 
 has been always limited. 
 
 An Act to incorporate The Eagle Hose Company, Number Two, 
 of the city of Buffalo, 
 
 Not Approved — Full powers have been given to organize a fire 
 department, in the new charter (chap. 519, Laws of 1870), to the 
 city authorities of Buffalo. 
 
 An Act to create a separate road district in the town of Worcester, 
 county of Otsego. 
 
 Not Approved — The bill creates a special road district in and 
 over which the Commissioners of Highways in the town shall have 
 the same control and be charged with the same duties as in other 
 districts, but they are not to appoint the overseers. The laws of the 
 State give the Commissioners of Highways the appointment of their 
 subordinates, the overseers. I see no reason for making this one ex- 
 ception. 
 
 An Act to appoint commissioners to lay out and construct certain 
 necessary avenues in the county of Richmond, and provide for such 
 construction and the necessary expenses thereof. 
 
 Not Approved — On the 5th of May I signed a general bill ap- 
 pointing commissioners to report a plan for the whole island as to 
 roads, parks, &c., &c., with which this would conflict. 
 
 An Act to incorporate the Mental and Moral Improvement Society 
 of Irvington, in the town of Greenburg, and County of Westchester, 
 State of New York. 
 
 Not Approved — May be incorporated under the general laws 
 for literary societies. 
 
 An Act to revive the charter of the Saratoga County Mutual Fire 
 Insurance Company and to reduce the number of directors. 
 
 Not Approved — The bill revives an old charter never used. , I 
 have submitted the bill to the Superintendent of the Insurance De- 
 partment, and his opinion is that the bill should not become a law, 
 in which opinion I concur. The parties desiring this revival of the 
 charter can organize under existing general laws. 
 
158 Messages of Gov, Hoffman. 
 
 An Act to amend an act entitled " An act to incorporate the city 
 of Cohoes," passed May 19, 1869. 
 
 Not Approved — Through inadvertence, probably, this bill as 
 passed leaves out the word " schools " in the section providing for 
 tax to be levied. The word was in the original act. If I approved 
 this bill the schools in Cohoes would be left without provision for 
 their support. For this reason, the whole bill must fail. 
 
 An Act to incorporate the New York Annuity Company. 
 Not Approved — Bill allows this company to begin business 
 when only $25,000 is paid in out of an authorized capital of $500,000. 
 
 An Act to authorize the election and appointment of an additional 
 justice of the peace in the town of Deer Park. 
 
 Not Approved — The bill authorizes the appointment by the 
 supervisor and justices. The Constitution requires that justices of 
 the peace shall be elected. 
 
 An Act to enable incorporated rural cemeteries in Oneida county 
 to acquire title to lands where the owner or owners are unwilling to 
 sell, or where the cemetery association and the owners cannot agree 
 upon the value thereof. 
 
 Not Approved — A similar bill, applying to the counties of 
 Jefferson and Cayuga, was returned to the Legislature during its 
 session, with objections. 
 
 An Act to authorize the Trustees of the Eeformed church of Hel- 
 derberg, in the town of Guilderland, Albany county, to sell a portion 
 of their lands. 
 
 Not Approved — The general laws of the State provide for a 
 method of authorizing the sale of lauds belonging to a church, by 
 application to the courts of law. 
 
 An Act to amend section two hundred and fifty-six of an act, entitled 
 " An act to simplify and abridge the practice, pleadings and proceed- 
 ings of the courts of this State." 
 
 Not Approved — The bill is carelessly worded, and may author- 
 ize appointment of several stenographers where only one is needed. 
 
 Village Charters of Geneva, Copenhagen, and Clyde. 
 
 Executive Chamber, Albany. 
 I send to the Secretary of State, without approval, three bills to 
 incorporate villages, or to amend their charters, to wit : The three 
 
Messages of Gov. Hoffman. 159 
 
 relating to Greneva, in Ontario County ; Copenhagen, in Lewis 
 County ; and Clyde, in Wayne County. 
 
 They contain serious defects. That relating to Greneva provides 
 (title 2, section 2) that " the police justice shall be nominated by the 
 board of trustees and appointed by the presiding justice (of the 
 Supreme Court) of that judicial department of this State, in which 
 Geneva is." 
 
 In my opinion, this is in conflict with the Constitution (article 10, 
 section 2), which provides that all village officers shall be elected by 
 the electors thereof, or of some division thereof, or appointed by 
 guch authorities thereof as the Legislature shall designate. It is 
 claimed that under the new article just engrafted upon the Constitu- 
 tion, a local court of this kind may be established, and the appoint- 
 ment of the judge or justice thereof be placed in such hands as the 
 Legislature may choose. If this argument be correct, there is so 
 much the more reason why I should withhold my approval of the 
 bill, for it is contrary to sound policy, and to the established custom 
 of the State, to give to the judges of our courts any such patronage. 
 That relating to Copenhagen provides (title 5, sections 5 and 6) 
 that when the trustees of the village open a street, the clerk of the 
 village shall " summon a jury of six freeholders," who shall award 
 the damages to owners of land taken, and that their award, unless 
 appealed from in twenty days, shall be final and conclusive. Such 
 appeal may be made to a court of record, asking for the appointment 
 of three commissioners to review the decisions ; but the appeal can- 
 not be made except on the execution of a bond in the penalty of 
 $250 by the appellant to the village to cover costs. The owner of 
 the land taken cannot be thus deprived of his property. Six free- 
 holders summoned by the village clerk do not constitute a " jury " 
 within the meaning of the Constitution, as construed by the courts. 
 That relating to Clyde provides (title 7, sec. 5) that real estate 
 when sold for non-payment of village taxes, shall be sold not for a 
 term of years, but in fee ; and that the surplus, beyond the tax re- 
 ceived from the sale of the property,' shall be invested by the village 
 authorities on bond and mortgage, and held by them until the former 
 owner of the land claims it ; but, when transferred to him, the interest 
 that may have been collected on the mortgage meanwhile shall not be 
 accounted for to him, but such shall belong to the contingent fund of 
 the village. It is unnecessary to comment on this provision. 
 
 Abundant evidence is furnished in the special village charters 
 that have been submitted to me this year, that they are not prepared 
 by the Legislature or its committees; they are prepared at home, 
 
160 Messages of Gov. Hoffman. 
 
 sent to some member of the Legislature, and passed without any 
 critical or careful examination. In several instances during the 
 session bills of this kind were recalled by the Legislature at my 
 suggestion, in order that certain unconstitutional clauses, or clauses 
 otherwise objectionable, might be stricken out, so that they might 
 obtain my approval. 
 
 No inconvenience can result to the inhabitants of the villages to 
 which these bills relate by a delay till next year. It is too late now 
 for elections this year under the new charters. 
 
 It would be wiser, in my opinion, that all villages should avail 
 themselves of the general act for the incorporation of villages passed 
 this year. A general act of this nature, of course, receives more 
 general and careful examination at the hands of the Legislature. 
 It, no doubt, is yet imperfect in some minor details; but, if found to 
 be so, it is better to amend this general act than to supply the defect 
 in some special charter applicable to only a single village, as is the 
 present practice. Amendments to the general act would, for obvious 
 reasons, be more wisely made than when applicable to a single 
 charter, and the benefit of the amendments would be at once con- 
 ferred on all villages. 
 
 May 23, 1870. JOHN T. HOFFMAN. 
 
 The Foreign Insurance Bill. 
 
 An Act in relation to Insurance Companies, Corporations, Associa- 
 tions and Partnerships doing business in this State, not organized 
 under the laws of this State. 
 
 Not Approved — My decision upon this bill has been delayed 
 until I could receive and consider the written statement of the 
 special committee of the New York Board of Underwriters, and the 
 written argument of the Superintendent of the Insurance Depart- 
 ment in support of the bill. 
 
 Both of these have now been received, and have been (in connec- 
 tion with the previous oral arguments before me) carefully considered. 
 
 Whether the foreign and domestic insurance companies, doing 
 business in this State, are now on terms of just and proper equality 
 under our laws, is not the present question. The question is, 
 whether the law proposed will establish equality, as its advocates 
 urge it will do. 
 
 It appears to me very clear that this bill does not establish equality, 
 but discriminates severely against the foreign companies. 
 
Messages of Gov. Hoffman. 161 
 
 In estimating the capital of the Foreign Insurance Companies 
 for the purpose of insurance here under the laws of this State, it 
 includes only : ' 
 
 1. Securities on deposit with the Insurance Department of this 
 State. 
 
 2. Securities deposited with the Insurance Departments of other 
 States for the general benefit and security of all policy-holders re- 
 siding in the United States, immediately available for the payment 
 of losses in this State. 
 
 3. Investments on bond and mortgage in this State and upon 
 United States securities held in trust for policy-holders by trustees 
 in and citizens of this State. 
 
 It excludes, therefore, from the estimates, all real estate, if any, 
 which such foreign companies may hold in this country for the pur- 
 poses of their business, and money invested in the stocks of this State, 
 or in the bonds of the city of New York or other cities of the State ; 
 all which are recognized by the general laws as proper investments 
 for fire insurance companies, and are certainly to be considered in- 
 vestments of the first class in point of security. 
 
 It then, while giving the foreign companies no credit for what 
 capital they may have invested abroad, or for any in other States, 
 except deposits with their insurance departments, nevertheless de- 
 duets from this limited portion of their capital all liabilities every- 
 where, whether on their business in this State, in other States, or 
 abroad, including among the liabilities fifty per cent, of all unearned 
 premiums, whether these premiums pertain to their business here 
 or elsewhere. 
 
 It may be, and probably is very proper, that all capital not invested 
 in this country should be disregarded ; but it is obviously making 
 up a very one-sided account to charge against the capital invested 
 here, and against a limited portion of that, not only the liabilities aris- 
 ing from the .business done here, but also all the liabilities incurred 
 in the business done abroad, although this latter portion of their 
 business is done on the credit of, and secured by, capital separately 
 invested there. It is easily to be seen that a company of large 
 means, prudently managed, both here and elsewhere, thoroughly 
 solvent and affording great and desirable security to policy-holders, 
 might be excluded from doing business here at all, upon this arbi- 
 trary and unjust estimate of its actual condition. To illustrate : 
 Suppose a company incorporated in England to have in all $4,000,000 
 of capital, |2,500,000 of it being invested in England, $1,000,000 
 21 
 
162 Messages of Gov* Homman. 
 
 invested in this State, and held by trustees residing here for the 
 benefit of holders of policies issued here, and $500,000 deposited 
 in the Insurance Departments of other States. Supposej then, its 
 liabilities on its business in England to be represented by the sum 
 of $1,000,000; those in this State by the sum of $500,000; those 
 in other States by the sum of $500,000. By the rule of this bill, 
 the total liabilities everywhere, amounting to $2,000,000, are to be 
 Charged against that portion of the capital Which is invested here^ 
 which would exhibit the company as having exhausted all its means j 
 while, in- fact, there would be in England alone a surplus of $500,000 
 above. all liabilities everywhere ; a clear surplus of $500,000 invested 
 in this State over all liabilities in this State ; a clear surplus in this 
 country of 500,000 over all liabilities in this country, and a total 
 surplus capital, here and in England, of $2,000,000 over all liabili- 
 ties everywhere. 
 
 When, as is provided by this billj only a linlited portion of the 
 capital invested here is to be taken into account, the injustice, and, 
 in fact, inaccuracy of the statement^ would be greatly exaggerated. 
 
 The only answer suggested to this proposition and illustration is, 
 that the bill does not intend to charge the liabilities abroad which 
 are secured by capital there invested, against the limited portion of 
 the capital held in this State. Reference to the language of the bill 
 satisfies me that it will not bear the liberal interpretation put upon 
 it by the Superintendent of Insurance, applying to it the ordinary 
 rules of interpreting laws. The bill makes no distinction between 
 secured and unsecured liabilities. A liability is none the less an 
 actual liability because secured. The bill declares that the actual 
 losses and liabilities of the company shall be deducted from the 
 limited portions of the capital which it allows to be taken into ac- 
 count. Can it be argued that an obligation of a foreign- company to 
 pay a loss abroad, or in other States, is not an " actual liability," 
 because the company hSis assets abroad, or in other States, to secure 
 its payment ? 
 
 The construction put upon the bill by the Superintendent cannot, 
 therefore, in my judgmetat, be sustained, and he agrees with me that 
 if it cannot, the bill should not become a law. 
 
 I agree with the domestic compahies that equality sihould be esta- 
 blished between them and the foreign companies, and there can be 
 no serious difficulty in agreeing upon a bill to that ead at the next 
 session|of the LegislatuTe. 
 
 Against the bill now before me, large numbers of merchants and 
 others interested in effecting insurance on property strongly protest. 
 
Messages of Gov. Hoffman. 163 
 
 They say that the aggregate capital of our domestic companies is 
 often inadequate to afford the protection needed by theija, and that 
 the capital of the foreig? insurance companies bi:ought tp this eoiLn- 
 .try is abaolflteJy necessary to afford ,thjs protection. It is always 
 unwise ,to do apything which tends tp drive c?.pital away fropi the 
 country, an4 .in my ju,dgi)ient, the domestic companies ithemselyes 
 wiU be more he^ltitLy ^p4 prosperous for whojeaome competition on, 
 equal terms with .the foreign companies. Severe 4^BCfimination 
 against foreign companies, for the purpose ^f gjving ,to our idojues- 
 tic companies special protection, wijl oijjy give a siclcly .ai;id |tej;npo- 
 rary strength ,to the latte,r at the ,expenge of tfeose who want insur- 
 ance. Pj;oteQ|tion tp specia,l intejrests is almost always injustice to 
 the |)eople. 
 
 It is better, therefore, to leiave it tp^he next I^egislature tp establish 
 by a welUponsidered law ;the (equality which (this bill fails to spcurOj 
 than it woul(J be to sign this bill with the ©xpectsttion ,th*1; it should 
 be hereafter amende^. 
 
 JOHN 3:. HOFFMAN. 
 
 The Arcade Railroad Bill. 
 
 The bill entitled " An act to incorpora(« the New Joxi. Arpa^e 
 Railway and provide for the construction of a subsurface railway in 
 the city pf New York " was passed during the last hours pf the 
 legislative session, and did not reach the Executive Chamber until 
 after the final adjournment pf the two Houses. I have given to i-t 
 careful and deliberate examination and refleotipn, notwithstaiid^ng 
 the labor. throwP upon me of considering near .fpur h^n^red ptiher 
 bills sent to me, in like manner, after adjournment. 
 
 Thp professed purpose of this project is to give incireased facilities 
 of travel from pne extremity of the city to the other, and tp and 
 from intermediate points. The city of New York is in great nee(i 
 of additional means of transit between that portion of it deyotpfi to 
 business and that occupied chiefly for dwellings. The form pf the 
 city is such that, its growth can go on only in ppe direction. At its 
 northern extremity alone can cheap homes be had. TheCesntral 
 Parjs;, the place fpr the recreation pf its citizens, is also at a ppinjt 
 lemote from the centre of their business. The necessity fpr addi- 
 tional facilities of transit grows with each year, and any measure 
 which looks to supplying so great a want commends itself to favor 
 with all classes of the community, in that city, and is entitled tP at- 
 
164 Messages of Gov. Hoffman, 
 
 tentive consideration from the authorities of the State. For these 
 reasons and also because of the character of its chief promoters, 
 among whom are such well-known and influential citizens as John 
 A. Griswold, of Kensselaer county, and ex-Senator Labau, of War- 
 ren county, named in the bill as corporators, I have felt it my duty 
 to give especial attention to the proposed plan. The unreserved 
 support which the scheme is receiving from some of the leading 
 journals in the city of New York, doubtless representing a large 
 share of public sentiment, increases the responsibility of my action. 
 
 The bill authorizes the fifty-seven persons named in it, or their 
 assigns, to form themselves into a corporation, with a capital of ten 
 millions of dollars, which may be increased to twenty-five millions. 
 
 The company are empowered to locate, construct and operate a 
 subsurface railroad, on which steam is to be the propelling power, 
 from a point in or near the Battery, up Broadway to Fourteenth 
 street, thence through Union Square to Seventeenth street, thence 
 up Broadway to its junction with Eighth avenue, and thence to a 
 junction with the Hudson River Railroad. It is not defined where 
 this junction shall be made ; it may or may not be at the extreme 
 end of the Island. There is also to be a branch, so called, from 
 Union Square up the Fourth avenue to Harlem river. They are 
 also authorized to enter upon and appropriate any street which 
 crosses the proposed route, to the distance of a hundred feet, for 
 the purposes of depots, store-houses, light, ventilation or otherwise, 
 restoring the roadway over their excavations in the same manner as 
 over the main line of their railway. 
 
 The company are, moreover, authorized to acquire the title to 
 such real estate as may be necessary to enable them to construct, 
 maintain and operate said railway, and construct and maintain pro- 
 per platforms, stairways, station depots, and buildings or other pro- 
 perty, at such points along said route as may be most convenient 
 and suitable for the ingress and egress of passengers and freight 
 and requisite for the operation of said railway and for proper com- 
 munication between said platforms, stairways, station depots and 
 buildings. If the owner of any property declines to sell, it may be 
 taken against his will and his compensation be fixed by Commis- 
 sioners appointed, by the Supreme Court ; but the rule for estimat- 
 ing damages and benefits in such instances is by this bill made a 
 special one, varying from the rule now established in all other like 
 cases. The company are empowered to take, for the purposes above 
 specified, any portion of any public grounds, parks or places along 
 the route ; no portion of any public grounds, parks or places, so 
 
Messages oe Gov. Hoffman. 165 
 
 taken, to exceed five hundred feet in length and one hundred feet 
 in width ; which dimensions would take in nearly the whole of the 
 Bowling Green. They may also extend the tracks of their railway 
 in open excavations or on the surface from the point of commence- 
 ment at the southern extremity of Broadway, into and through the 
 Battery to a point therein near the South ferry. It is expressly 
 provided that for any property of the corporation of the city of ' 
 New York, so taken, no compensation shall be awarded or paid. 
 
 The bill provides that the railway is to be constructed on the plan, 
 substantially, of the improved Arcade Eailroad ; no other description 
 is given. No limit is put upon the depth or the width to which the 
 streets may be excavated ; the words of the bill are simply, to a 
 sufficient depth and width. Nor is any limit put upon the number 
 of tracks which may be laid side by side, and for which sufficient 
 width is to be taken ; the number of tracks permitted by the bill is 
 four or more. The upper roadway and sidewalks are to rest upon 
 iron girders or beams, supported by iron tubular columns or masonry, 
 or both ; and the surface of the streets is to be, substantially, re- 
 stored as it was before the excavation. It is provided that the lower 
 sidewalks, nothing being said of the upper ones, shall not be exca- 
 vated unless with the consent of a majority of the owners owning a 
 majority of the property along the entire proposed route. It is fur- 
 ther provided that the vaults now under the streets, built by private 
 owners under license from the city, shall not be appropriated by the 
 company unless with the consent of a majority — not of the vault 
 owners, but of the property owners along the entire line of said rail- 
 way. In effect, therefore, all the vaults in the most valuable part 
 of Broadway may be appropriated by the company without the con- 
 sent of any single person among those now occupying them, by 
 means of overwhelming votes from owners along Fourth avenue and 
 other parts of the route, where there are no vaults, and who have, 
 consequently, no interest in the question. 
 
 The upper sidewalks are to be lessened, everywhere, six feet in 
 their width, so as to provide an open space for light or ventilation. 
 
 Sections nine and ten of the bill provide for cases of interference 
 with sewers, gas-pipes, and water-pipes, and, after puttiiTg the ex- 
 pense of any changes of these upon the company, give to them the 
 use of streets parallel to their route for the purpose o^ efiecting these 
 changes. The provision for the protection of the people in the ac- 
 customed use of gas, water, and the sewers, is that the company 
 shall not unreasonably stop this accustomed use. 
 
166 Messages of Gov. Hoffman. 
 
 Section eleven forbids interruption of travel oa streets other than 
 Broadway for more than a reasonable time. It also provides that 
 the Commissioner of Public Woris may compel the execution of the 
 work in snoh a manner as not to interfere with the surface of Broad- 
 way, except under such conditions and regulations as he may pre- 
 scribe ; but this power of supervision and direction on his part is 
 limited to that portion of the work south of Eojirteenth street. 
 
 By section nineteen the company are forbiddea, until the capital 
 of ten, millions is subscribed aud twenty per cent, thereof paid in, to 
 disturb any ground except below Wall street. 
 
 The mayor, aldermen, and commonalty of the city of New York, 
 and all other eompaaies, are prohibited from giving permission to 
 any person to do anything to hinder, delay, or embarrass the con- 
 struction eJf said railway ; and it\ is, by the bill, made the duty 
 of the mayor and common council and of all officers of the 
 city corporation, within their respective departments, to do such 
 acts as may be officially required of them, and needful under this 
 act, to promote the construction of said railway. 
 
 I have been thus partieular in analyzing and describing the bill 
 now before me, because it is necessary to the full comprehension of 
 its character, and because the statement of its provisions seems to 
 me to be equivalent to an argument. 
 
 I cannot permit the bill to become a law. I, therefore, send it to 
 the office of the Secretary of State without my signature. It is my 
 practice to briefly assign my reasons and give them to the public, 
 althongh not required so to do by law, for witholding my approval 
 from bills which reach my hands after the adjournment of the Legis- 
 lature ; not so fully as if these reasons were to be submitted to and 
 passed upon by the Legislature, but sufficiently so to convey to the 
 people the views which control me in each case. 
 
 I take this course in reference to the bill under consideration ; and 
 here it is proper to state that it is now represented by counsel and 
 others that the arcade[plan of the road will probably, of necessity, be 
 abandoned and the road be constructed upon what is called the 
 tunnel plan ; to cover which, the provisions of this bill are, it is 
 claimed, sufficiently comprehensive. It must be borne in mind, how- 
 ever, that the corporation is named the " Arcade Railway Company." 
 The only description of the road in the bill is that it is to be upon 
 the plan, substantially, of the "Improved Arcade Bailroad," only 
 some minor and unimportant details of construction being given. 
 Beyond this, there is no way to define the precise plan except by 
 the highly colored pictures or prints which have been exhibited to 
 
Messages of Gov. Hoffman. 167 
 
 the Legislature and to the Executive. As the Arcade Road it has 
 been discuased, considered, and applauded as possessing superior 
 advantages. I must consider the bill as authorizing and contemplat- 
 ting chiefly the construction of such a work, and I cannot be ex- 
 pected to approve it upon a mere assurance that a sub-surface road 
 upon a different plan, not defined or described in the bill, will pro- 
 bably be built. 
 
 My objections, among others, are these : 
 
 First — The so-called arcade plan is a new and untried experi- 
 ment. Skilful engineers differ widely in their judgment of it ; some 
 maintaining it to be practicable, but others condemning it as a 
 visionary project. The removal of the present pavements of Broad- 
 Way and the other streets included in the grant, and the opening of , 
 a great trench through them, with no limit upon the depth or width 
 of the excavation, may endanger the safety of every building on 
 Broadway and the other streets along the route. Damage may be 
 done by the company in their operations for only a short distance, 
 for which they could not compensate and which might be irreparable. 
 The pavement or street-way that is to be sustained upon iron columns 
 may or may not prove to be sufficient to withstand the shocks and 
 burden of the constant and heavy travel over it. In case thispart 
 of the experiment fails, no provision is made for restoring the streets 
 to their present condition, even if this restoration were practicable. 
 
 Second — The vaults on Broadway, constructed by private grantees 
 thereof at great expense, and now necessary to their business, are 
 to be taken without compensation , if owners of property on other 
 portions of the route, who have no vaults, and do not require any, 
 shall so decide. 
 
 Third — The excavation, under whatever restrictions, would in- 
 terrupt business and travel on Broadway, the continued free use of 
 which great thoroughfare is important to the commerce of the whole 
 country. No limit is imposed upon the period for which the com- 
 pany may interrupt travel on Broadway. On the other streets the 
 bill provides that travel shall notbeinterrupted beyond a reasonable 
 time, which would be cowstrued to mean whatever time is necessary for 
 the eonstruotion of this work. The printed bill, as originally introduced, 
 forbade the interruption of travel on Broadway as well as the other 
 streets for more than a reasonable time ; but the bill was amended 
 in its progress so as to leave out Broadway. 
 
 Fourth — The project takes away six feet from thie present width 
 of all the sidewalks in Broadway, which are not wide enough now 
 for the convenience of the people. The space so taken on both 
 
168 Messages of (xov. Hoffman. 
 
 sides of the streets is to be left open, and connections with the lower 
 sidewalks are to be established at so many points as the company 
 may determine. This open space would be more or less an obstruc- 
 tion to business with every store or other building along the route, 
 to say nothing of the annoyance which would probably result to both 
 the occupants of the buildings and to passers-by from the smoke and 
 exhalations rising through it. 
 
 Fifth — In the construction of this work the whole system of 
 sewerage along the route must necessarily be greatly deranged. 
 The lowering of the sewers in and near Broadway would render 
 necessary the lowering of all connecting sewers, entailing an expense 
 difficult to calculate, and a possible damage not to be estimated. 
 
 Sixth — The company are permitted to deprive the people along 
 the route of the proposed work, for a period of time on which no limit 
 is placed, except that it shall be reasonable, of the use of gas, water 
 and the sewers, conveniences absolutely essential to their daily com- 
 fort. The supply of water necessary to the extinguishment of fires 
 may also be cut oflF for a time, to the possible loss of property greater 
 in amount than the whole capital of the Arcade Company. It is 
 obvious that the reasonable time named in the bill, for which the 
 company may stop the use of gas and water, would be claimed to 
 mean so long as the work of the company made such stoppage neces- 
 sary ; and it is still more obvious that if the supply of gas and water 
 were once cut oflF, the people would be, practically, at the mercy of 
 the company in this respect, for a long time without immediate or 
 effectual remedy; while the city government, in all its departments, 
 would be powerless to afford relief, for it is expressly prohibited, by 
 one section of the bill, to permit anything to be done which shall 
 embarrass the operations of the company. 
 
 Seventh — The bill proposes to surrender a large portion of the 
 Battery for a surface or open-cut railway. 
 
 Eighth — The bill violates private rights of property in prescrib- 
 ing a special rule of estimating damages or compensation when such 
 property is to be taken for the purpose of the company, which special 
 rule, varying from that established in all other cases, is in effect this : 
 that title may be acquired by the company to a valuable lot of 
 ground on Broadway, against the will of the owner, and instead of 
 paying for the same, the company may offset the benefit which, it 
 may claim, will accrue to property on the upper part of Fourth 
 Avenue belonging to the same owner, by reason of the increased com- 
 munications the road will open. 
 
Messages of Gov. Hobfman. 169 
 
 It is claimed that the bill does not establish such a rule. I quote 
 its language : " In proceedings to ascertain the value of the property- 
 taken, &c., the question of benefit shall be considered, and when it 
 shall appear that the construction of said road will enhance the value 
 of the property of the person claiming damages to an amount greater 
 than the amount of injury sustained, &o., the claimant shall not be 
 entitled to recover more than nominal damages." The enhanced 
 value of the property of the person claiming damages cannot, of 
 course, refer to the property taken, but must of necessity refer to 
 property on some other portion of the road. Notwithstanding this 
 rule of assessment and the great promise held out of facilitating the 
 travel from the upper part of the city, the company is under no obli- 
 gations to build its road up Fourth avenue at all. It may, if it 
 choose so to do, confine its operations to Broadway between the Bat- 
 tery and Fourteenth street, or to a less distance. The bill provides 
 that failure to construct one portion of the road shall not work a for- 
 feiture of the franchise in respect of any section which may have been 
 commenced. 
 
 Ninth — The language used for the protection of the present side- 
 walks, and elsewhere in the bill, is loose and careless, or else purposely 
 delusive and deceptive. 
 
 Tenth — A proper power of supervision is not given to the Com- 
 missioners of Public Works, except for the limited portion of the 
 work below Fourteenth street. 
 
 Eleventh — The company is authorized to take possession of all 
 that portion of Broadway which is below Wall street, before one dol- 
 lar of capital is subscribed; and as the original corporators named 
 in the bill are empowered to assign their privileges at any time to 
 others, they may take possession of this portion of Broadway and 
 break it up, through the agency of irresponsible parties and as a 
 preliminary experiment, and do irreparable injury. 
 
 Twelfth — The contract between the State and the company is, by 
 this bill, wholly one-sided. Everything is given to the company ; 
 nothing required in return. No guaranty or security is provided 
 that the work shall be completed, so as actually to afford to the 
 public the facilities for travel the whole length of the island, which 
 is the consideration for the grant of their great privileges. The 
 time is, indeed, limited to six years and six months within which to 
 finish their work ; but it is also provided that they may construct 
 any small section of it and leave all the rest undone, and yet their 
 franchise shall not be forfeited as to the small portion they may have 
 22 
 
170 Messages of Gov. Hoffman, 
 
 chosen to build. Thej may thus reap high profits from a small and 
 the most valuable portion of the route, and leave the great mass of 
 the public wholly unprovided for. 
 
 Thirteenth — The bill authorizes this company to take portions 
 of the Battery, Bowling Green, the City Hall Park, Union Square, 
 Madison Square, and Central Park, which are the property of the 
 city, without compensation. It is claimed that, except in the Battery, 
 no part of the surface of these public grounds is to be taken. An 
 examination of the bill shows that this is not so. The company may 
 take in any of the public parks a space of five hundred feet wide by 
 one hundred in length, for constructing and operating their railway, 
 and for platforms, stairways, station depots and buildings, and foi 
 proper communication between the same. In no case is the city to 
 receive any compensation for its property. Having thus attempted 
 to give away city property to a private corporation, the bill, by sec- 
 tion 14, in effect, enjoins the authorities of the city from any attempt 
 to defend its property and rights. 
 
 The public parks and other property of the city are pledged for 
 the payment of the city debt, and for this and other reasons I deny 
 the right of the Legislature to take any such property and give it 
 to a private corporation, under the plea that being now devoted to 
 one public use, it may be diverted to the purposes of this company, 
 as being for another public use. If it is competent for the Legisla- 
 ture to do so in this instance, then it may, some day, give away to 
 the street railways of New York city, for depots and stables, the 
 City Hall Park, Union and Madison Squares, and such portions of 
 the Central Park as may be deemed necessary, and this bill, if 
 passed into a law, would be taken as a precedent for so doing. A 
 portion of the Battery was ceded by adjoining owners to the city for 
 the purpose of a public place, and for no other. The city itself can- 
 not convey this portion without a quit-claim from these grantors, 
 and yet this company is authorized to appropriate this property to 
 its own use. The property of the city proposed by this bill to be, 
 practically, confiscated, for the benefit of this company, is estimated 
 to be worth between six and seven millions of dollars ; and the ap- 
 plication of these public grounds to the purposes proposed would 
 utterly destroy some of them and disfigure all the others. 
 
 It is claimed that like privileges with these, as to the public 
 grounds and parks, have already been given to the Central Under- 
 ground Railroad Company, and that I approved the law granting 
 them. This is not so. The charter of the Underground Company 
 was passed in 1868, before I came into office, and was approved by 
 
Messages of Gov. Hoffman. 171 
 
 my predecessor. The only bill relating to the last-named company 
 which has been submitted to me, in the act of 1869, amending cer- 
 tain sections of the original act. The section under which it is 
 claimed the Underground Eoad has had given to it the privileges 
 in and to the public parks proposed to be extended by the bill to the 
 Arcade Company, was not amended, nor referred to in the act of 
 1869, andi soj strictly speaking, was not put before me, for my official 
 approval or disapproval. . My attention , in considering the Amending 
 Act, was of course not attracted to any but those sections of the 
 original act wfeich were amended. If, however, it can be justly said 
 that by signing the act of last year, I aided in reviving privileges 
 which had then expired and sanctioned the taking of city property 
 without compensation, then my action was wrong. If I have once 
 committed an error, through mistake or oversight, that is no reason 
 why I should commit another. 
 
 I have heretofore refused my assent to a bill giving to a railroad 
 company the partial use of streets in New York, without oompensa*- 
 tion ; it could not be expected that I should sanction a bill which 
 uudertakes to grant to a private corporation, as this does, a large and 
 valuable portion of the property of the city, with the express condi- 
 tion that nothing shall be paid to the city treasury in return. 
 
 I shall not pause to recite other objections which occur to my mind ; 
 those already stated seem to me to be sufficient, and I therefore send 
 the bill to the Secretary of State without approval. 
 
 JOHN T. HOFFMAN. 
 
ANmiAL MESSAGE. 
 
 Executive Chamber, l 
 
 Albany, January 3, 1871. J 
 To THE Legislature : 
 
 The favorable action of the Legislature, at its last session, upon 
 many important recommendations made by me, has left very few 
 questions of State policy to which it is necessary to call your 
 attention. 
 
 General laws have been passsed, through which much special 
 legislation will be avoided. The conspiracy laws have been amended. 
 A new revision of the statutes has been ordered. The registry 
 laws (except in the city of New York) have been repealed. Im- 
 portant changes in canal policy have been made. The examination 
 of numerous claims against the State, heretofore requiring a special 
 act in each case, has been provided for by a single statute. The ex- 
 cise laws have been modified in conformity with the judgment of a 
 majority of the people. A general law for the incorporation of 
 villages has been enacted. The powers of the boards of super- 
 visors of the several counties have been enlarged. Metropolitan and 
 other district commissions, which had absorbed the rightful powers 
 of local governments, have been abolished. The management of 
 their own affairs has been restored to the people of the great cities. 
 The initiatory steps have been taken to secure a more just and 
 satisfactory assessment of property for taxation. 
 
 These subjects engrossed, in a great degree, the time of the 
 Legislature at the last session. The disposition then made of them 
 having commanded the popular endorsement, the principles involved 
 may be treated as settled. I am justified, therefore, in the hope 
 that the present legislative session will be much shorter than usual. 
 It will be a relief to the people if the volume of annual legislation 
 be diminished ; especially if they see that much of the diminution 
 is due to the defeat of the private schemes which are so frequently 
 thrust upon your consideration. 
 
 Although the people of this State are enjoying a fair degree of 
 prosperity, they feel sensibly the heavy burden of taxation. Federal, 
 State, and local, which rests upon them, and which, as heavy taxes 
 always do, lessens their home comforts and interferes with their 
 
Messages of Gov. Hofi'man. 173 
 
 efforts to improve their condition. They watch closely their repre- 
 sentatives, legislative and executive, in the administration of public 
 affairs. They expect retrenchment of expenditures wherever it is 
 possible, and have a right to demand that legislation be confined to 
 its legitimate purpose, to wit, the equal protection of all and the 
 promotion of the general good. They know that all the money 
 drawn from the public treasury is taken out of their earnings ; 
 that there is, in fact, no public treasury except in the pockets of the 
 people. Willing to be taxed for the legitimate purposes of govern- 
 ment, they are not disposed to be parsimonious in contributing 
 thereto; but waste, extravagance, and taxation for the benefit of 
 private speculative enterprises, will incur their condemnation. 
 
 The tendency on the part of both Federal and State Legislatures, 
 for many years past, has been to the making of laws for the benefit 
 of a favored few, protecting and advancing special, at the cost of the 
 general interests. Those who seek such legislative favors are al- 
 ways ready to put forward the specious argument that some public 
 benefit is likely to accrue as a compensation for the private gain 
 assured to themselves; but in too many cases the result is simply 
 that new burdens are imposed on the people. This evil is one of 
 great magnitude. Our government is a government by majorities ; 
 but it is a mistake to suppose that the governing power, even when 
 vested in a majority, has the right to impose taxes upon the people 
 at large for purposes of private benefit. 
 
 It is time to return, both in Federal and State affairs, to a full 
 appreciation of the principle of justice to all, upon which our gov- 
 ernment is founded. Our country has passed through the struggles 
 and trials of a great civil strife, and our people are rapidly forgetting 
 the causes which engendered it, and the griefs and sorrows it pro- 
 duced. While the nations of Europe are convulsed by war, or stand 
 in dread of it, a merciful Providence blesses us with peace. Grati- 
 tude to God, as well as our interest, demands that we shall cultivate, 
 all through the land, the spirit of magnamity, charity and patriotism ; 
 then, if wisdom shall inspire our counsels, we may easily throw off 
 the burden which folly and evil passions have put upon us, and enter 
 upon a new career of public and private prosperity. 
 
 Taxes. 
 
 The rate of State taxation this year is about seven and one-fourth 
 mills. Nearly one-third of the tax is for the annual payment on our 
 war bounty debt, required by the act creating it. Besides this, one 
 
174 Messages of Grov. Hoffman. 
 
 mill was necessary to provide for obligations incurred and claims 
 audited in former years, but for payment of which the Legislature 
 then omitted to make appropriations. It was not a question of dis- 
 cretion, but a matter of State honor, that these claims, heretofore 
 examined and audited by the proper officers, should be paid at once. 
 They ought to have been paid before. This item will not appear 
 another year. Five-eighths of a mill are levied to meet payments for 
 work on the new Capitol. The two last mentioned items amount to 
 about one-fourth of the whole State tax. 
 
 The new Capitol was begun under a former administration; it is 
 for the people, through their representatives, to say how rapidly the 
 work shall go on. It is manifest that the cost of this work will very 
 far exceed the original estimates, and the limit imposed by law ; to 
 this I deem it my duty to call your especial attentaion. The act con- 
 ferring authority on the commissioners 'to erect a new Capitol 
 (chapter 880 of Laws of 1868) explicitly provided "that they shall 
 not proceed to the construction of the said new Capitol unless they 
 shall be satisfied that the expense thereof shall not exceed, when 
 completed, four millions of dollars." The sum of one million six 
 hundred and three thousand seven hundred and fifty dollars and 
 fifty-three cents ($1,603,750.53), (independent of six hundred and 
 forty-seven thousand five hundred and sixty-five dollars and sixteen 
 cents paid for land) has already been expended in the construction 
 of the building ; and the foundation only is completed. It is due 
 to the commissioners to say that before they commenced the work 
 they had estimates from skilled men which came within the limit 
 of four millions of dollars ; they claim also that the work above the 
 foundation will be, proportionately, less expensive. It is neverthe- 
 less evident that the cost of the building, when completed, will be 
 very greatly in excess of the first estimate. 
 
 It is for you to provide a remedy for this very unsatisfactory 
 state of things. If the work is to go on, perhaps the plans might 
 be so modified that a building of much simpler and less costly style 
 could be erected on the present foundation, and yet all the accom- 
 modation needed by the State government be afforded. Nor do I 
 see why, with the abundant space occupied, part of the proposed 
 Capitol building should not be appropriated to an Executive resi- 
 dence ; this would be a saving to the State. If, on the other hand, 
 the work is to be stopped or suspended for a time, this can be done 
 .with less loss and inconvenience now than at any future period in 
 the progress of construction. A new Capitol is, unquestionably, 
 needed ; but, unless the plans can be so modified as to insure that 
 
Messages qf Gov. Hoffman. 175 
 
 the cost will be very much less than it now promises to' be, and 
 not much in excess of the original limit, I recommend that the work 
 be suspended, at least, until our war bounty debt, which requires 
 about three million of dollars of annual taxation, be paid. 
 
 State Debt. 
 
 The greater portion of the State debt consists of the war bounty 
 debt, which will be extinguished within seven years through the 
 annual taxes imposed by the act which created it. The unpaid 
 portion of this debt amounted, on the 30th September, 1870, to 
 nineteen million five hundred and eleven thousand three hundred 
 and ninety dollars and forty-two cents ($19,511,390.42). 
 
 The residue of the State debt, amounting to twelve million eight 
 hundred and ninety-seven thousand seven hundred and fifty-three 
 dollars and eighty-four cents ($12,897,753.84), was in existence 
 before the war, and was incurred in gold ; it is to be satisfied, not 
 from taxation, but out of the revenues pledged for its payment. 
 No part of the principal will come due this year, and you will merely 
 have to provide for the payment of the interest in coin, in accord- 
 ance with the policy which the State adopted last year. The entire 
 State debt was, on the 30th of September, 1870, after deducting 
 the unapplied portions of the several sinking funds, thirty-two mil- 
 lion four hundred and nine thousand one hundred and forty-four 
 dollars and twenty-six cents ($32,409,144.26) ; a reduction of six 
 million four hundred and fifty-five thousand three hundred and four 
 dollars and forty-eight cents ($6,455,304.48) having been efiected 
 during the past two years. 
 
 Salt Springs. 
 
 The quantity of salt inspected from the Onondaga Salt Springs, 
 during the last fiscal year, was eight million eight hundred and fifty- 
 one thousand two hundred and forty-seven bushels (8,851,247). 
 This shows an increase of production, compared with, the previous 
 year, of three hundred and sixteen thousand five hundred and 
 eighteen bushels (816,518). 
 Revenue fon the year, eighty-eight thousand five huu' 
 
 dred and ninety-nine dollars and ninety-seven cents $88,599 97 
 Expenses, fifty-four thousand six hundred and eighty. 
 
 eight dollars and ninety cents 54,688 90 
 
 Net revenue to State, thirty-three thousand nine hun- 
 dred and eleven dollars and seven cents $33,911 07 
 
176 Messages of Gov. Hoffman. 
 
 Banks. 
 
 On the 1st of October last, sixty-one banks were doing business 
 under the laws of this State; of which number twenty-seven have 
 been organized under the provisions of chapter 475, Laws of 1867, 
 or converted from National into State banks under that law. Thirty 
 banks in all have been so converted or organized as new banks from 
 National banks into State banks. Three of these are closed ; one in 
 consequence of failure, after an existence of less than one year. 
 
 During the last fiscal year circulating notes to the amount of 
 1288,925 have been burned by the Bank Department, and eight 
 banks have been credited with lost circulation to the amount of 
 $123,227, the time for redeeming it having expired. 
 
 On the 1st of October last the amount of circulation outstanding, 
 charged to banking associations, individual and incorporated banks, 
 was $2,253,987.50. Of this, the amount of $779,297.50 consists of 
 notes of incorporated banks in existence prior to the passage of our 
 free banking laws, and for which no securities were required ; and 
 the sum of $1,474,640 is secured by deposits of bonds and mortgages, 
 stocks, and cash. 
 
 The total amount of securities held by the Superintendent of the 
 Banking Department, at the close of the fiscal year, was $2, 671,288.63: 
 of which $525,378.98 was held for trust companies, and the balance 
 $2,145,909.65 for banks, most of them being banks of circulation. 
 
 One hundred and thirty-three savings banks, with total estimated 
 assets of $220,000,000, are now doing business in the State. The 
 number of persons having deposits, as represented by the number 
 of open accounts on the 1st of January, 1870, was 651,474, against, 
 588,556 the previous year. The total amount of interest credited 
 to depositors during the year ending January 1, 1870, exceeded ten 
 and a quarter millions of dollars. In the same period of time, the 
 assets of these banks were increased by the sum of twenty-six mil- 
 lions of dollars, and more. 
 
 In view of the magnitude of the interests involved in our savings 
 banks, I renew my recommendation that full authority be conferred 
 on the Superintendent of the Banking Department to examine their 
 affairs, and to apply proper remedies for mismanagement. 
 
Messages of Gov. Hoffman. 177 
 
 Insurance. 
 
 The number of insurance companies, subject to the supervision of 
 the Insurance Department, on the first day of December, 1870, is 
 275, as follows : 
 
 New York joint stock fire insurance companies 105 
 
 New York mutual insurance companies 10 
 
 New York marine insurance companies 9 
 
 New York life insurance companies 43 
 
 Fire insurance companies of other States 67 
 
 Marine insurance companies of other States ' 2 
 
 Life insurance companies of other States 30 
 
 Casualty insurance companies of other States 3 
 
 Foreign insurance companies 6 
 
 Total 275 
 
 The total amount of stocks and mortgages held by the Department 
 for the protection of policy-holders of life and casualty insurance 
 companies of this State, and of foreign insurance companies doing 
 business within it, is $7,412,567, as follows : 
 
 For protection of policy-holders generally, in life 
 insurance companies of this State $4,462,917 00 
 
 For protection of registered policy-holders, exclu- 
 sively 1,559,650 00 
 
 For protectionofcasualty policy-holders, exclusively 26,000 00 
 
 For protection of fire policy-holders in foreign in- 
 surance companies 1,048,000 00 
 
 For protection of life policy-holders in foreign in- 
 surance companies 316,000 00 
 
 Total deposit $7,412,567 00 
 
 State Prisons. 
 
 The Comptroller's Eeport will show, in detail, the earnings and 
 expenses of the State prisons during the past year. The discipline 
 in these institutions has been, on the whole, better than heretofore. 
 Nevertheless, there is great need of further improvement in their 
 management, financially and otherwise. As I said in my last mes- 
 23 
 
178 Messages of Gov. Hoffman. 
 
 sage, greater concentration of responsibility is required ; and this 
 can, probably, be attained only by an amendment of the Constitution. 
 I renew my recommendation that greater- discretionary power be 
 conferred on the chief officer of each prison in the matter of punish- 
 ment. 
 
 Under the authority of chapter 427 of the Laws of 1870, I ap- 
 pointed as Building Commissioners for the erection of the State prison 
 or Industrial Reformatory established at Elmira,in Chemung county, 
 Amos Pilsbury, of Albany, Charles C. B. Walker, of Corning, Abram 
 H. Miller, of Oswego, and Stephen T. Arnot and Frank H. Atkin- 
 son, of Elmira. 
 
 These Commissioners have visited the most important of the build- 
 ings recently erected for similar purposes in the eastern States ; and 
 Mr. Pilsbury, by their authority and on their behalf, has examined 
 all newly-constructed prisons in Ohio, Illinois and other western 
 States. They have perfected the title of the State to the lands se- 
 lected by a former commission for the site, and will be prepared to 
 begin the construction of the building early in the coming spring, 
 if the necessary appropriations be made by the Legislature. 
 
 The commission appointed by me, in pursuance of your concurrent 
 resolution, to examine the subject of convict labor, consists of E. C. 
 Wines and Thomas Fencer, of New York, and Michael S. Myers, of 
 Auburn. A report from them may be expected during the present 
 session. 
 
 I visited, during the past year, as I did the year before, all the 
 State Prisons, and gave a hearing to every convict who desired to 
 apply personally to me for pardon or commutation of punishment. 
 More than a thousand applications for pardon and commutation of 
 punishment have been presented to me, by the convict in person, or 
 by written petition. Eighty-five pardons, thirty-four commutations, 
 and one reprieve have been granted ; a detailed statement whereof, 
 and of my reasons in each case, will be hereafter submitted. 
 
 Charities and Asylums. 
 
 I respectfully refer you to the report of the Commissioners of 
 Charities for information upon the condition of the various State 
 charities, all of which are recommended to your favorable and care- 
 ful consideration. In some of the counties great improvements have 
 been made in the management of the poor-houses. The pressing 
 claims of the insane poor for better care than can possibly be given 
 them elsewhere than at asylums specially provided for their form of 
 
Messages op Gov. Hoffman. 179 
 
 human suflfering, I again urge upon your attention. You will be 
 called upon to make appropriations for enlarging the accommodations 
 in the State asylums for such of the insane as have no means of sup- 
 port. I trust, you will do whatever is needed to hasten the time 
 when all of this class may be removed from the county poor-houses. 
 I recommend, also, to you an inquiry into the condition of pauper 
 children in the several counties, and whether some provision ought 
 not to be made for removing them to proper asylums. 
 
 Education. 
 
 The general operations of the Department of Public Instruction 
 during the fiscal year, ending September 30, 1870, are shown by the 
 following statistics : 
 
 Total receipts from all sources, including balance on 
 
 hand at the beginning of the year 110,919,466 45 
 
 Total expenditures 9,929,462 92 
 
 Amount paid for teachers' wages ^ 6,501,173 37 
 
 Amount paid for school-houses, repairs and furni- 
 ture fl,980,546 70 
 
 The estimated value of school-houses and sites 20,417,329 00 
 
 Number of children attending the public schools.. 1,029,955 
 
 Number of persons attending the normal schools... 4,734 
 
 Total number of school-houses 11,705 
 
 The money which we cheerfully pay for the purposes of general 
 education is well and carefully applied, and the extent to which the 
 opportunities afforded are made use of, proves how highly the people 
 appreciate our common schools. I am sure, the Legislature needs no 
 recommendation from me to extend to our school system the most 
 liberal encouragement. 
 
 State Militia. 
 
 The State militia, organized under the name of " The National 
 Gruard of the State of New York," numbers now over twenty thou- 
 . sand officers, non-commissioned officers and privates. For details I 
 respectfully refer you to the Keport of the Adjutant-General. The 
 Military Code, adopted at the last session, has been received with 
 approval by officers and men alike. I consider it of great importance 
 that the State military organization should be generously sustained 
 by the Legislature. To make it thoroughly efficient, it should be 
 
180 Messages of Gov. Hoffmaw. 
 
 armed with breech-loaders of the best quality and most approved 
 pattern, and I recommend a suitable appropriation for that purpose. 
 A further settlement of over six hundred thousand dollars ($600,000) 
 of the war claims of this State upon the general government, has 
 been effected this year. 
 
 Quarantine. 
 
 The experience of the past year has furnished additional evidence 
 of the security afforded to the public health by the proper adminis- 
 tration of quarantine laws. Out of 365 vessels which arrived in the 
 port of New York from ports infected with yellow fever, 107 had 
 had cases of this disease on board, either in the port of departure 
 or on their passage, or were found on their arrival here to have 
 some of their crew or passengers sick with it. 
 
 The total number of cases on these vessels, as nearly as could be 
 ascertained, was 470, out of which 112 died. Twenty-six cases 
 from vessels under quarantine were admitted to the West Bank 
 Hospital, only six of which proved fatal. In addition to these, 
 eighty-three patients, prostrated with yellow fever, were admitted 
 to the hospital from among the troops on Grovernor's Island, thirty- 
 one of whom died. Thirty vessels have been detained at quarantine 
 on account of small-pox, having an aggregate of over 18,000 persons 
 on board, from among whom sixty-six patients, sick with this dis- 
 ease, were sent to the hospital on Blackwell's Island. Ten vessels 
 have arrived, having ship-fever on board, with an aggregate of 
 nearly 6,000 passengers, twenty-two of whom died with the disease 
 on the passage, and forty others, sick with it on their arrival, were 
 transferred to the Ward's Island Hospital. 
 
 These statistics of disease show the dangers to which we are ex- 
 posed through our foreign commerce. Happily, they have been so 
 warded off, that, notwithstanding the intense heat of the past sum- 
 mer, the general health has not been disturbed by them. It is 
 reasonable to assume that this result is, in a great measure, due to 
 the vigilance and fidelity of the quarantine authorities, and to the 
 increased facilities afforded them by the West Bank Hospital for the 
 eare and treatment of patients. This is the first year that it has 
 been in full operation, and the success which has attended its work- 
 ings has fully met the expectations of the public and demonstrated 
 the wisdom of its erection. It is claimed, however, that until a 
 suitable place for the detention of those who, while not actually 
 sick, have been exposed to disease by passage in an infected vessel, 
 and until warehouses for the storage of infected goods are provided, 
 
Messages of Gov. Hoffman. 181 
 
 it will be difficult to protect the public fully against the dangers of 
 imported disease. A structure on West Bank for the former pur- 
 pose has been commenced, but an additional appropriation will be 
 required to complete it. 
 
 Immigration. 
 
 The number of emigrants arriving at the port of New York this 
 year is 211,000, a loss as compared with last year of 47,000 ; the 
 number of arrivals this year being about the same as in 1868. 
 
 We may reasonably expect, that, with the return of peace in 
 Europe, emigration thence to this country will be very largely in- 
 creased. 
 
 Revision of Statutes. 
 
 I appointed, under chapter 33, of the Laws of 1870, Amasa J. 
 Parker, of Albany, Nelson J. Waterburyand Montgomery H. Throop 
 of New York, Commissioners, to revise, simplify, arrange, and con- 
 solidate all statutes of the State of New York. The work is being 
 prosecuted with diligence. 
 
 Tax Revision. 
 
 Under the authority of the joint resolution of the Legislature, 
 passed at its last session, I appointed David A. Wells, G-eorge W. 
 Cuyler and Edwin Dodge, Commissioners, to revise the laws for the 
 assessment and collection of taxes. Their Report will be submitted 
 at an early period of the present session. 
 
 Canals. 
 
 I hold to the game opinions, concerning our canals, as were ex- 
 pressed in my annual messages of 1869 and 1870. 
 
 The magnitude of our internal commerce is far beyond that of 
 our foreign trade. Our canals are a necessary means of facilitating 
 this great domestic traffic, and their maintenance in good navigable 
 condition is essential to the general welfare of the people of this 
 State. Our Constitution, from obvious considerations of public 
 policy, has provided that these works shall always remain the pro- 
 perty of and be under the management of the State ; and the sug- 
 gestion to surrender them to the control, in any degree, of the Federal 
 government, deserves no consideration. The Federal government 
 has already enough of administrative duties. This State built these 
 canals without any extrinsic aid ; it owns them, and is quite compe- 
 
182 Messages op Gov. Hoffman. 
 
 tent to take care of them. Our own people are directly interested 
 in their good management, and these great works are much more 
 likely to be well administered by ourselves, than if put under so 
 remote a supervision as that of the Government at Washington. 
 
 The Canal Board, by authority of the Legislature, adopted last 
 year a reduced scale of tolls. As was anticipated, tliere has resulted 
 a diminution of revenue, as compared with the previous season. As 
 compared with a period of years, however, the falling off is not 
 serious. The average annual receipts of the canals from the year 
 1846 down to 1869 inclusive (the period of high tolls) is very little 
 in excess of those of 1870 ; and this includes the exceptional period 
 of the war, when the receipts were unusually large. The falling off, 
 last year, is not all due to the low rate of tolls. From purely com- 
 mercial causes, there has been a diminished traffic. The business 
 of the canals, moreover, suffered, during the past summer, from a 
 great reduction of railroad rates of freight temporarily made by rival 
 companies in a struggle for the Western trade. 
 
 Whether this diminution of revenue is to be temporary or perma- 
 nent, the interest of our people requires that wljatever changes in 
 the toll-sheet the experience of the past year may suggest, we should 
 adhere, as far as possible, to low tolls. We produce in this State 
 not more than six million (6,000,000) bushels of wheat in a year. 
 We consume, every year, twenty-one million (21,000,000) bushels. 
 One-half of the total quantity of other grains consumed in this State, 
 to wit, Indian corn, oats, rye and barley, are also supplied from other 
 States. It is obvious that cheap transportation from the grain-pro- 
 ducing States is essential to our comfort and prosperity. To say 
 nothing of the importance of having cheap means of foyyarding to 
 the West our own manufactures and the merchandize imported from 
 abroad, our people gain much more by lowering the rates of trans- 
 portation on the supplies they must procure from other States than 
 they lose in reduced revenue from low tolls. When we built our 
 great canals the people of this State produced all the food necessary 
 for their consumption and had a surplus to sell. If in a spirit of 
 far-seeing arid liberal enterprise it was wise then to construct these 
 works for general benefit to the internal commerce of the country, 
 how much more essential is it now, for our own interests as well as 
 theirs, that we keep up the freest intercourse with our western 
 brethren. Nature has favored us in the great lakes upon our bor- 
 ders, and in the unequaled outlet to the sea afforded by the Hudson 
 river ; our people have united these by the construction of great 
 artificial water-ways ; the interests of the State and of its people 
 
Messages of Gov. Eofeman. 183 
 
 seem to me to be irrevocably bound up now with the perservation, 
 m full eflBcienoy, of the connecting channels so established. The 
 people of Europe and of Canada are projecting canals on a grand 
 scale ; our Government is expending large sums of money in clearing 
 away obstructions in the Hudson and other navigable rivers ; an 
 inference that our canals are no longer useful because of the rail- 
 roads opened to the West, is as unwarranted as it would be to sup- 
 pose that the free navigation of the Hudson River is no longer im- 
 portant, now that a railroad is built upon its banks. We ought not 
 to levy a greater toll upon the commerce of the canals than is abso- 
 lutely necessary to their maintenance, and the gradual payment of 
 that portion of our debt to which their revenues are pledged. 
 
 Except in the canals, our people have no efficient check upon the 
 rates of freight which the railroads may impose. The consequences 
 of natural rivalry among the roads themselves are avoided by com- 
 binations and agreements on their part for establishing uniform rates ; 
 and in view of the fact that this State does not produce probably 
 one-quarter of the food which its people consume, while it may be 
 said to furnish none of the coal we use, it is vitally important to us 
 that the great connections of the lakes with the Hudson should be 
 maintained, with the least possible tax upon the traffic which they 
 were established to promote. It should be borne in mind that the 
 canals were not constructed with a view to create a revenue for our 
 State treasury. They must be kept up in their efficiency out of re- 
 gard not only to the interests of the people of our own State, but to 
 the great mutual good which, by means of the freest trade between 
 us, we and the people of other States are capable of conferring on 
 each other. 
 
 A part of the policy of the past year has been to put the canals 
 in thorough order. They had been neglected for many years, and 
 their obstructed and dilapidated condition rendered very heavy ex- 
 penditures necessary. Another year the revenue will, probably, be 
 larger ; the expenditures, certainly, much less. The round trip from 
 Buffalo to Albany and back has averaged four days less the past 
 season than the previous year. The canals are in much better order 
 than heretofore ; their capacity for business increased ; the necessity 
 for repairs diminished. 
 
 There is great need of the application of steam power to pro- 
 pelling or towing of boats on the canals : and I recommend that you 
 make a suitable appropriation of money to enable the Canal Board 
 or the State Engineer to test, by actual experiment, the merits of 
 several projected methods. 
 
184 Messages oe Gov. Hoffman. 
 
 General Keoommendations. 
 
 The lamented death of one of your numher, the Honorable Isaiah 
 Blood, of the Fifteenth District, has left a vacancy in the Senate, 
 which owing to imperfection in the statutes, cannot be filled. It 
 will be your duty to supply this defect. 
 
 I have twice recommended to the Legislature (without effect) a 
 modification or amendment of the laws relating to murder. There 
 are many instances of homicide where the criminal intent to take 
 life is proved, in which, however, the jury are unwilling to find a 
 verdict of guilty of murder in the first degree, because', in their 
 judgment, the circumstances do not justify the death penalty. Under 
 judicial construction of the existing statutes, they cannot bring the 
 case within the definition of murder in the second degree, or of 
 manslaughter in either the first or second degree. They have no 
 alternative but to render a verdict of absolute acquittal, or of guilty 
 of manslaughter in the third or fourth degree, notwithstanding 
 they feel that the punishment which the law will, in the latter cases, 
 award, is wholly inadequate. I recommend that either the maxi- 
 mum punishment for manslaughter in the third degree be made 
 much greater, or that in all cases where the degree of premeditation 
 does not, or the circumstances attending the homicide do not, in the 
 judgment of the jury, justify punishment by death, they may ren- 
 der a verdict of guilty of murder in the second degree, to be punished 
 by imprisonment for life or for a term of years, in the discretion of 
 the court. 
 
 The only objection that is likely to be urged against this recom- 
 mendation is, that, if it were adopted, the jury would have too great 
 a discretion in the matter of enforcing the death penalty. The 
 answer to this objection is, that they exercise that discretion now, 
 and will, in any event, continue to exercise it, when they think it 
 right so to do ; but in doing so, as the law now stands, they render 
 a verdict which does not satisfy themselves or the demands of justice. 
 
 I recommend, also, the passage of an act which will put an end to 
 the great injustice of detaining as prisoners, persons who are unfortu- 
 nate enough to be witnesses to the commission of crime, and unable 
 to give security for their appearance at the trial of the accused. The 
 magnitude of wrong and suffering resulting from this practice, es- 
 pecially in cities, is not, I am sure, appreciated or understood, or it 
 would not be permitted to continue. The law should provide that 
 no person shall be detained in prison as a witness in criminal cases 
 
Messages of Gov. Hoffman. 185 
 
 beyond a specified time, and that, if the trial be postponed beyond 
 that time on the motion of the prisoner, it shall be only on condition 
 of his consenting that the testimony of the witness may be taken 
 de bene esse^ as in eivil cases. It may be urged that the people may 
 not be ready to bring on the trial, and may thus, in some cases, lose 
 the benefit of the testimony of the witnesses altogether. I answer 
 that it is better so than to have innocent persons suffer imprisonment, 
 in order that even the guilty may be convicted. 
 
 I recommend, anew, that power be conferred upon the Oyer and 
 Terminer, or upon the Supreme Court, to grant new trials in cases of 
 conviction by the Oyer and Terminer. The courts of sessions, which 
 are inferior tribunals to the Oyer and Terminer, have this power, 
 under existing laws, in cases of conviction before them. They are 
 authorized to grant new trials upon the merits, or for irregularity, 
 or on the ground of newly discovered evidence. It is obviously 
 proper that the higher criminal courts should possess the same power. 
 As the matter stands now, a person wrongfully convicted in the Oyer 
 and Terminer, no matter how clearly his innocence may be shown by 
 evidence discovered after conviction, has no remedy except in a 
 pardon from the Executive. This is not the proper and just recti- 
 fication of the wrong done to him by an unjust conviction. 
 
 I recommend an amendment to the General Village Law (chap. 291 
 of the Laws of 1870), so as to authorize the election of a police jus- 
 tice in villages having sufficient population to justify it. 
 
 There is a great and constantly increasing demand for some means 
 of rapid transit from the lower to the upper part of New York Island. 
 This demand must be met. To most of the plans hitherto suggested 
 there have been serious objections, on account of the nature of the 
 work proposed, or the privileges asked for by those who offered to 
 undertake it. To a bill passed by the last Legislature authorizing 
 what was called the Arcade Bailroad, I was obliged to refuse my 
 signature, after the adjournment, for reasons already given tothe 
 public. The objections to the provisions of this bill were insuperable. 
 Heretofore, a charter was granted for the construction of an under- 
 ground railway ; but thus far, sufficient capital to prosecute the work 
 haa not been subscribed. It is claimed by persons who have given 
 the question careful consideration, that the true solution of the diffi- 
 culties which surround it, is to be found in the construction of an 
 elevated railroad, upon a solid structure, raised" so high as to cross 
 the transverse streets by arches that would offer no obstruction to 
 ordinary travel, and avoiding interference with the leading avenues, 
 24 
 
186 Messages oe Gov. Hoffman. 
 
 by passing chiefly through the middle of blocks. It would seem, 
 that, under a properly guarded bill, less inconvenience to the public 
 in their use of the ordinary streets, and less interference with private 
 rights of property would ensue from this method than from any 
 other, while the convenience to passengers would be greater than 
 on roads below the surface. There are those who have always stood 
 in opposition to every plan heretofore presented, and who ought to 
 be ready to suggest some method of relief, or give their assent and 
 their aid to any plan which, while free from the objections urged 
 against the rejected methods, holds out a reasonable prospect of 
 success. 
 
 The powers of the CommisBion for preventing the spread of the 
 disease among cattle, known as the rinderpest, will expire, by limita- 
 tion of law, on the twentieth of April, this year. The necessity for 
 the vigilance exercised by the Commissioners still exists, and very 
 serious consequences would, in my judgment, result from an inter- 
 mission of the important duties devolved on them. The Commission 
 has always been embarrassed by the omission of the Legislature to 
 make the necessary and very limited appropriations required by 
 them. I trust that you will provide all the means needed for a 
 service so valuable and essential to our stock raisers and farmers, and 
 will continue the act in force." Certain amendments will be suggested 
 by the Commissioners, to which I ask your careful attention. 
 
 I call your attention to article 8, section 1 of the Constitution, 
 providing that " Corporations shall not be created by special act, 
 except for municipal purposes, and in cases where, in the judgment 
 of the Legislature, the objects of the corporation cannot be attained 
 under general laws." Of late years, there has been a disposition to 
 overlook the strict intent of this limitation upon legislative power. 
 
 I suggest to you the importance of passing all bills making large 
 appropriations of money, including the New York tax levies, at a 
 period of the session early enough to enable me to return them 
 with objections, if I have any to make. The practice of allowing 
 these bills to be delayed until the end of the session, deprives me, 
 in fact, of my constitutional rights to disapprove of objectionable 
 items, unless by withholding my signature from a bill, I permit 
 desirable and proper appropriations for the year to be lost. It is 
 not right to leave me no alternative but to sign bills containing ob- 
 jectionable items,, or to refuse my signature, and thus defeat appro- 
 priations which are necessary. 
 
Messages of Gov. Hoffman. 187 
 
 Federal Aefairs. 
 
 The disposition of the Federal administration to unnecessary, 
 unwise and unconstitutional interference with the pursuits and 
 rights of the citizen and with the State governments continues and 
 is a great evil. By the prolonged disfranchisement of a portion of 
 the people of the South, and by other means, the full and final resto- 
 ration to them of political rights, of the control of their own affairs, 
 and of the free choice of their representatives, is still, for partisan 
 ends, delayed and obstructed, to the prejudice of good government 
 and of the general welfare. 
 
 TARIEr. 
 
 We are made to endure the evils of an oppressive and ill-regulated 
 tariff of duties, and have no immediate prospect of substantial relief. 
 The principle of special protection is at war with the general senti- 
 ment of the world ; and to this it must, sooner or later, yield, al- 
 though its advocates, who, during the last ten years, have secured 
 more than ten revisions of the tariff, all tending to higher and higher 
 protection, still manage to control Congress and its committees. 
 
 We are the only great power which commands extended coasts 
 on both oceans, and are a maritime people by inheritance from 
 almost every stock that contributes to our mixed blood, yet we have 
 become within a few years, by the suicidal operation of our own 
 laws, destitute of shipping. Not only have we been driven from 
 the ocean, but, on our great lakes, Canadian-built vessels are gradu- 
 ally drawing trade away from us, because, costing much less, they 
 can accept lower rates of freight. Ship-building, in which, a few 
 years ago, we excelled the world, has become a lost art among us. 
 Our agriculturists, who, under this system of favoritism, miscalled 
 protection, realize no increased price for what they raise and want 
 to sell, are, nevertheless, compelled to pay an enhanced price for 
 what they need and have to buy. Blankets, woolen clothes, and 
 many other things of common use are dearer in this country than in 
 any other, to the injury of those whose lot it is to work very hard 
 for their comforts, which class constitutes the great bulk of every 
 people. These are only some of the evil results from the Federal 
 Government legislating for the benefit of a few capitalists, under the 
 false pretence of protecting our home labor. The enormous profits 
 resulting from this unjust favoritism go all to the manufacturing 
 and mining capitalist ; not to the men employed by him. The high 
 
1S8 Messages of Gov. Hoffman. 
 
 duties, laid for so-called protection, do not enure to the benefit of 
 the public treasury, nor do they make the general condition of the 
 laborer, whether in or out of factories, better. Even the protected 
 capitalists are beginning to share in the effects of the general de- 
 rangement and langour in business generated 'by this false system, 
 which undertakes to sustain certain favored persons in occupations 
 in which, if left to their own skill and resources, they would, by 
 their own admissions, fail. 
 
 . There is no sufficient remedy for this except in the absolute rejec- 
 tion from our Federal legislation of the principle of favoritism. All 
 the^people are entitled to equal protection ; none have a right to 
 special favors; audit isa wrong which, itseems tome, ought to shock 
 the moral sense of every one, for a government, under the pretext 
 of raising revenue, to tax the whole people in order that a few men 
 may do a profitable business. It is, moreover, demonstrated by ex- 
 perience, that high duties and a complex system of taxes laid on 
 many articles (the larger number of which contribute little to the 
 revenue), while they make necessary the maintenance, out of the 
 revenues, and consequently, at the cost of additional public burdens, 
 of many more government officers than would be required by a 
 simpler method, render frauds more profitable and easier of accomp- 
 lishment, and lead to an increased amount of private and official cor- 
 ruption. Piece-meal amendments to the tariff are of little value. 
 What we need is, that a rebuke shall come up from the people, so 
 strong that it cannot be overlooked or forgotten, of the practice of 
 imposing taxes for any purpose, save the one of procuring necessary 
 revenue for the public treasury. No compromise should be made 
 on this question ; nothing accepted by the people short of the 
 establishment of a tariff, as moderate as the necessities of the Grovern- 
 roient will permit, applied to as few articles as will yield the required 
 amount, and adjusted strictly to its only lawful purpose, that of 
 raising revenue. 
 
 Federal Finances. 
 
 The administration of the Federal finances exhibits no improve- 
 ment I, Taxes are still levied to an amount greatly in excess of the 
 needs >of the Government ; and the .excess is applied to the payment, 
 in advance, of Government bonds which we are not obliged to pay 
 for many years to come. , Part of these taxes are levied through the 
 custom-houses, to the extent of two hundred million dollars (1200,- 
 000,000) a year, payable in coin, although the quantity of gold re- 
 
Messages of Gov. Hoffman. 189 
 
 quired by the Government to meet the annual interest on the public 
 is less than one hundped and twenty million dollars ($120,000,000). 
 
 The surplus of coin, or much of it, is, from time to time, sold in 
 Wall street, for the purpose (as is claimed) of keeping down the 
 premium on gold, when, considering the magnitude of' the Federal 
 revenues, there 'ought^ not to be, and, if the Federal finances were 
 wisely managed, there would not be, any premium. 
 
 Notwithstanding the reduction of the premium on gold in the 
 past year,' itr is admitted on all hands, by the Government officers as 
 well as by others, that we have made no real progress toward specie 
 payments. Nor have we any guaranty that the premium on gold 
 will not rise again ; we can have none except in the GovernmeBt 
 growing stronger in the actual means of redeeming its circulating 
 paper. i ; , : ■' 
 
 The Federal treasury has had in circulation, for many years, 
 promissory notes of its own, payable on demand, to the amount of 
 four hundred million dollars ($400,000,000). 
 
 These notes, made a lawful tender for debts, constitute now the 
 money habitually used by banks and the people in all transactions. 
 These promises the treasury does not redeem ; and this non-redemp- 
 tion, and nothing eUe, makes the present condition of things, which 
 is known as a suspension of specie payments. If the Federal 
 treasury were redeeming its notes in coin, the notes would be worth 
 as much as gold ; in other words, the money now used by banks and 
 the people, would then be the same as gold ; and such a condition of' 
 things would be, of itself, without any further arrangements, a full 
 and complete return to specie payments. All that is necessary to 
 establish such a condition is that the Federal treasury make itself 
 ready to redeem its own notes, and nothing will be required to 
 maintain that same sound condition but that-the Federal treasury 
 shall continue t<f redeem the notes. The banks are not responsible 
 for the present suspension; they have no duties in respect to it; 
 they are helpless to put an end to it; ihey pay their own debts now 
 in the lawful money of the country ; that lawful money consists of 
 government notes, which the government alone can make worth as 
 much as specie. That once done, banks and people, while continu- 
 ing to pay their debts in this same kind of money, would be dealing, 
 in all transactions, on the specie basis. 
 
 There would be no shock to business in a transition so effected. 
 No contraction of the currency, and, consequently, no stringency in 
 the money market, need precede it; No demand for the actual pos- 
 session of coin, among the people, would follow it ; for, manifesting. 
 
190 Messages of Gov. Hobi'man, 
 
 as they do now, great confidence in the legal tender notes, they 
 would have still more faith in them when it was established that the 
 notes command coin at the treasury, on demand ; and they would, 
 for convenience, prefer the notes to gold itself. Anything that the 
 Government shall do in order to promote a return to specie payments, 
 except this one thing, the making of its own notes worth as much 
 as gold, will be not only needless but mischievous. No new regu- 
 lations for the banks are necessary to this end ; and needless regu- 
 lations always do harm. The banks paid their debts in legal tender 
 notes year before last, when the notes were worth seventy-five cents 
 to the dollar in gold ; they have continued to pay, during the past 
 year, in the same notes when worth ninety cents ; they will, with 
 the same ease, pay in legal tender notes, they being equally abundant, 
 when they are worth one hundred cents; and that will be paying 
 specie. 
 
 The Treasury might easily have put itself in a condition to pay 
 its legal tender notes on demand, long before this. From April 1, 
 1865 (the close of the war) , down to the Ist July, 1870, the Federal 
 treasury has received, through its custom-houses, an aggregate of 
 nine hundred and twenty-four million dollars ($924,000,000) in 
 gold coin. If it had laid aside only one dollar in five of these re- 
 ceipts, for the purpose of redeeming its legal tender notes, it would 
 have now in its vaults, one hundred and eighty million dollars 
 ($180,000,000) of coin, absolutely belonging to itself, exclusive of 
 what is retained from time to time, to meet accruing interest, and 
 exclusive, also, of private deposits. 
 
 The whole amount of legal tender notes outstanding (including 
 fractional currency, and making no allowance for what is lost) is 
 three hundred and ninety-five million dollars ($395,000,000). The 
 fund on hand for the redemption of notes, would be now, if one dol- 
 lar in five had been saved, nearly one-half of the amount of notes in 
 circulation ; a proportion much larger than a private bank in good 
 credit finds it necessary to keep on hand to meet its circulation. 
 The superior credit of the Federal Treasury would, of course, main- 
 tain its notes at par with gold on a much less reserve of coin than 
 would be required by a private banking incorporation. I cannot 
 doubt that the Grovernment notes would rise to par with gold and 
 be kept there, with a fund of coin, devoted to their redemption, not 
 exceeding one-fourth the amount of notes outstanding. 
 
 Under this policy we would have resumed specie payments, natu- 
 rally and easily, more than two years ago ; and it could have been 
 pursued without inconvenience to the treasury. For, ever since the 
 
Messasbs or Gov. Hoffman. 191 
 
 war, both the aggregate surplus revenue of the Government and its 
 surplus of gold revenue have been so great that it could have well 
 afforded to put aside one dollar in five of its coin receipts. It could 
 have been pursued without inconvenience to private business ; for 
 our mines were producing more gold than the treasury would have 
 laid aside. The only commercial effect of the proposed process, 
 would have been to make certain the retention in the country of so 
 much coin that might otherwise go abroad; and that result, all men 
 agree, is a proper and valuable means to convenient and permanent 
 resumption. 
 
 Under this policy, the Grovernment could now resume specie pay- 
 ments in less than a year's time. The Treasury had, on the 1st of 
 December last, forty million dollars ($40,0(>6,000) of coin of its own 
 on hand. Its gold Income is now nearly two hundred million dol- 
 lars ($200,000,000) a year, of which less than one hundred and 
 twenty million dollars (f 120,000,000) is required to pay interest. 
 If the Treasury would simply reverse its policy of selling gold, less 
 than a year would give it a fund of one hundred million dollars 
 ($100,000,000) of coin against its circulating notes. The continu- 
 ance of large sales of gold during the past season, when commercial 
 causes have been operating, powerfully, lo keep down the premium, 
 was especially unnecessary and wasteful. The Treasury may save 
 either the whole of its surplus gold income, or one-half of it, or one- 
 quarter. The result would be equally certain in any of these cases ; 
 it would simply be postponed in proportion as the process of saving 
 was made rapid or slow. 
 
 There would be no longer any speculation in gold after it was 
 known that the Treasury had adopted a policy leading, inevitably, to 
 an early resumption. No one would buy, except for immediate use, 
 an article which was sure soon to be worth no premium. If, how- 
 ever, it be deemed wise that the Treasury hold part of its surplus 
 gold revenue for the purpose of checking, by the sale of it at times, 
 possible speculation, let it do so, but let it retain another portion, 
 absolutely and sacredly, for the great purpose of resumption. 
 
 Our path to the restoration of a sound currency is, in my judg- 
 ment, so simple, plain, and direct, that I cannot help regarding the 
 financial course of the Federal government as lacking the common 
 sense which is every day applied by men to private business. No 
 private debtor would be regarded as wise (scarcely honest) who, 
 having in circulation a large amount of notes payable on demand, 
 and having at the same time an income in gold, far in excess of any 
 other demands on him, should neglect to apply his surplus income 
 
192 Messages of Gov. Hojfman. 
 
 to the purpose of redeeming his notes. It would not be received as 
 an excuse that he preferred to pay in advance certain obligations, not 
 maturing for many years. 
 
 It is obvious th9,t specie payments are not to be restored, so long 
 as the legal tender notes are ,in existence, except by making these 
 notes and gold equal, in current value. This can only be done by 
 making the^ proportion of coin in the treasury to its outstanding notes 
 such that the Treasury may safely undertake to redeem the notes on 
 demand. Such proportion may be established either by contracting 
 the quantity of the notes in circulation, or by increasing the quantity 
 of coin in the ^treasury. Contraction in, the quantity of the notes 
 was tried by Secretary McCulloch ; but the process was so distress- 
 ing to the business of the country, that, after a few months, he was 
 compelled, by public outcry, to abandon it. Contraction of this 
 legal tender money, however gradual, will be found, if tried again, 
 to be a painful remedy. As the notes become scarcer and scarcer, 
 debtors will find it less and less easy to procure the money they need. 
 Banks will find it less easy to keep on hand a proper reserve, and 
 will be compelled to press their debtors. The confidence of creditors 
 in their debtors, including the confidence of depositors in the banks, 
 will be continually growing less with the growing scarcity of money. 
 Capital will withdraw itself more and more from active enterprises; 
 and labor, consequently, will find employment with constantly in- 
 creasing difficulty. That these would be the results of a persistent 
 contraction is proved, by experience, in instances where combinations 
 of speculators have succeeded in locking up, temporarily, a small 
 quantity of the legal tender notes. 
 
 Is it not obvious that it would be wise economy for the Federal 
 Treasury to get back, as soon as possible, to paying its debts in coin ? 
 For then, with its credit perfected, the negotiation of loans at very 
 low rates of interest, which it is anxious to effect, would be practic- 
 able. Is it not equally obvious that a return to specie payments, 
 if brought about by a wise method, would result in great good to the 
 people ? For the industry and business of the country, once rid of 
 the embarrassment and lack of confidence arising from the use of a 
 currency of shifting value, would take a' fresh start on a career of 
 active, stable and well-assured prosperity. We must, sooner or later, 
 return to the use of gold and silver j until we do, we shall continue 
 to be subject to frequent and discouraging fluctuations in values, of 
 which we may not yet have seen the worst. 
 
 The people naturally shrink from the harsh remedy of contrac- 
 tion. They look upon it as one which threatens, perhaps, greater 
 
Messages op Gov. Hoffman. 193 
 
 evils than those which they now suffer. It is unjustifiable to resort 
 to it, when another method will aocomplish the result. 
 
 Federal Inteefebence in Elections. 
 
 Since the adjournment of the Legislature, the Federal government 
 has assumed to interfere directly, by its officers and armed forces, 
 with elections in this State. The pretext was fear that the right of 
 suffrage would, in some way, be denied to the class of persons upon 
 whom it had been conferred by the fifteenth amendment to the Con- 
 stitution of the United States. It was a mere pretext ; for our State 
 Legislature, at its last session, promptly altered our election laws to 
 conform with that amendment, so soon as it was declared adopted. 
 Moreover, this class of voters had exercised their new right freely 
 and without the least molestation, at our State election, which took 
 place in May last. 
 
 Congress, nevertheless, enacted a law for the ostensible purpose of 
 supervising the election of congressmen only; and the President 
 was authorized to employ the army and navy to enforce certain of 
 its provisions. Under color of this act, the President and other 
 United States officials claimed the right to supervise the entire elec- 
 tion, not only for representatives in Congress, but for State and local 
 officers. In the city of New York special preparations were made to 
 enforce this claim. A large number of United States deputy mar- 
 shals and supervisors were appointed, many of whom were men of 
 well-known disreputable character, and some of whom had been con- 
 victed criminals ; a class of dangerous men never before chosen by 
 any ruling authority, in any community, as conservators of the peace. 
 They were instructed, under advice of the Attorney-General of the 
 United States, to submit to no interference, from any quarter, under 
 State or municipal authority. Orders were issued which authorized 
 them, in the discretion of each one of them, to arrest at the polls 
 citizens claiming the right to vote, as well as the inspectors who were 
 charged by law with the custody of the ballot-boxes. These arrests 
 were to be effected without process of law issued upon formal com- 
 plaints. The peaceful conduct of the election and the good order of 
 the city were thus made to depend on the discretion of these hastily 
 selected, inexperienced, and undisciplined men, some of them habi- 
 tuated to felonious violations of law, and all of them unused to the 
 exercise of delicate and important trusts of power; all having been 
 appointed in one political interest, and having a common partisan 
 purpose to subserve. The police and civil authorities of the city 
 25 
 
194 Messages of Gov. Hoffman. 
 
 and State, whose duty it is to preserve order, were ignored, under 
 instructions from Washington, as completely as if the people of the 
 State were in rebellion against the government of the United States. 
 It was a bold attempt on the part of the Federal government to as- 
 sume absolute control of the State and local elections in order to 
 accomplish partisan ends ; and officials, both judicial and executive, 
 seemed determined to prosecute it without any regard to the rights 
 either of the local officers or of the people. 
 
 The law of Congress under which he was acting required the 
 Federal judge to appoint one-half of the whole number of supervisors 
 from each political party ; yet, he deliberately refused to appoint 
 any of the political organization which he well knew represented 
 the great majority of voters in the city. Every popular right was 
 ostentatiously denied, as if the purpose was to irritate and excite 
 the people and to provoke tumult, which might result in breaking 
 up the election and depriving the city of its vote. 
 
 The President well knew that the people intended no forcible 
 resistance to the law. Their determination was to meet it, simply 
 and exclusively, by the force of public opinion. It must have been 
 apparent to every mind that the interest of the great majority in the 
 city was to have a quiet and orderly election. It could be the in- 
 terest only of the minority to promote an outbreak. The President 
 knew also that even if disorder, of any degree, should ensue, the 
 whole civil and police power of the State, sustained by its National 
 Guard (a military organization of our own citizens, composed of men 
 of all classes and all political parties, and maintained by the State to 
 do service, as occasion may demand, for the State or the United 
 States, and which has never yet failed in its duty to either), was 
 both ready and able to preserve order, and to protect all officers of 
 the law in the execution of judicial process and the discharge of 
 official duty. 
 
 Notwithstanding all this, by the President's orders, United States 
 troops were brought from distant posts and quartered in the city of 
 New York, and ships of war were anchored in its harbor. It was 
 certainly not unreasonable to expect that the first drop of citizens' 
 blood shed in the city of New York by Federal troops, in time of 
 peace, might lead to terrible results, involving great loss of life and 
 incalculable destruction of property. Therefore, as chief magistrate 
 of this State, charged with the duty of enforcing its laws and pre- 
 serving order within its boundaries, I used every exertion and made 
 every preparation and provision in my power to preserve order and 
 protect the people in their rights, their lives and property. At the 
 
Messages of Gov. Hoffman. 195 
 
 last moment, that is to say, the afternoon immediately before the 
 election, the officers of the United States, fortunately and wisely, 
 abandoned the extreme ground they had taken, and entered into a 
 stipulation with the local authorities of New York city, in my pre- 
 sence, which resulted in preventing any armed interference by 
 troops, either of the United States or of the State. 
 
 Nevertheless, it is well known that about two thousand deputy 
 United States marshals were appointed in the city of New York,, 
 who were, each one of them, armed with what is known as a navy 
 revolver, worn in belts bearing the designation of the Federal 
 armories. They did not, it is true, form any portion of the regular 
 force of the army or navy ; they were undisciplined and without a. 
 military commander; but they were men armed by the United 
 States government and paid out of its treasury, and were stationed, 
 thus armed, at the election polls, having been taught that they were 
 the superiors of the lawfully appointed peace officers of the State, 
 upon whom the preservation of order in a large city depends. 
 
 It was due to the patient forbearance of the people, and to the 
 earnest endeavors and great coolness and discretion of the peace 
 officers of the city, that order was preserved. 
 
 I deem it my solemn duty to protest now formally against these 
 outrages, which, it is given out, will be renewed at future elections, 
 with preparations looking to a greater degree of intimidation and 
 coercion. In this protest the people of this State do, I am confident, 
 by an overwhelming majority, earnestly unite. They are not to be 
 misled by the pretense that military force is necessary to prevent 
 fraud. Eor they well know, what all history proves, that military 
 elections are never honest nor free ; that military force at elections 
 has always been used by ambitious rulers to hinder a full and fair 
 expression of popular sentiment ; in fact, to perpetrate and cover 
 fraud, not to prevent it. If elections are not honest, they should be 
 made so by the force of public opinion and by law ; military force 
 asserts its supremacy over both, and is itself a fraudulent and final 
 Qverthrow of a free ballot. 
 
 No State is, or ever was, more devoted than New York to the 
 Uuion and to the Federal government ; none more submissive to that 
 government's constitutional authority ; none more ready to defend 
 its rights and vindicate its power ; but our Union is a Union of 
 States; the elements of its great strength are the home govern- 
 ments of the people. To weaken the parts is to endanger the whole. 
 
 Half a century ago, when Federal officers were accused of inter- 
 ering with State elections, not by armed forces but simply by ex - 
 
196 Messages of Gov, Hoffman. 
 
 erting an influence through the distribution of patronage, De Witt 
 Clinton, then Governor of this State, addressed the Legislature as 
 follows : 
 
 "As a member of the American confederacy, it is not only our 
 duty, but our interest, to sustain the respectability and to promote 
 the authority of the national government, by a patriotic and en- 
 lightened exercise of our suffrages, and by contributing all our 
 energies to establish a wise and public-spirited administration. But 
 in attending to measures so important, we ought not to overlook the 
 duties which we owe to ourselves. Our government is complex in 
 its organization, and it is essentially necessary to preserve the State 
 governments in their purity and energy. A free government could 
 never exist in a country so extensive as the United States without a 
 judicious combination of the federal and representative principles. 
 The apprehensions which some of our wisest statesmen enter- 
 tained, at the formation of the Constitution, that the State govern- 
 ments would constantly encroach on the powers of the national 
 government, appear not to have been realized. The practical ten- 
 dency has been in the opposite direction. The power of the gen- 
 eral administration has increased with the extension of its patronage. 
 And if the officers under its appointment shall see fit, as an organ- 
 ized and disciplined corps, to interfere in the State elections, I trust 
 there will be found a becoming disposition in the people to resist 
 these alarming attempts upon the purity and independence of their 
 local governments; for, whenever the pillars which support the 
 edifice of the general government are undermined and prostrated, 
 the whole fabric of national freedom and prosperity will be crushed 
 in ruin. I have considered it my solemn duty to protest against 
 these unwarrantable intrusions of extraneous influence, and I hope 
 that the national legislature will not be regardless of its duty on 
 this occasion." 
 
 These words, more applicable now than then, are so forcible and 
 eloquent that I quote them, in the hope that they may impress 
 themselves upon the minds and upon the hearts of the whole people. 
 
 To depend, for the peace and order of localities, on the Federal 
 army is not self-government ; to substitute the regular soldier with 
 his musket as a peace officer, in place of the constable with his 
 writ, is not to preserve the peace but to establish the condition of 
 war ; to surrender elections to the control of the President, sup- 
 ported by armed forces, is to surrender liberty and to abandon a 
 republic. 
 
 JOHN T. HOFFMAN. 
 
SPECIAL MESSAGES. 
 
 State op New Yobk, Executive Chamber, 1 
 Albany, Janwxry 26, 1871. J 
 
 To THE Legislature : 
 
 Intelligent and fair minded men of all parties agree that one of 
 tlie greatest evils of the times, connected with elections, is the 
 corrupt use of money to influence the votes of electors. All laws 
 and measures which aim at establishing purity in elections will 
 fail in their purpose, if they fall short of reaching this one great 
 evil. Eegistry laws, no matter how stringent, do not prove effect- 
 ive. No power can guard the ballot-boxes to any purpose if the 
 men whose constitutional privilege it is to vote, are to be influenced 
 in the exercise of that privilege by the corrupt use of money. In 
 all countries the purchase and sale of offices, civil or military, is 
 prolific of evil. In a Bepublic like ours, the purchase and sale of 
 voters and of votes endangers the whole organization and structure 
 of the government. It cannot be disputed that all through the State, 
 nominations to office, Federal and State, are often bestowed upon men 
 for the reason, and for the only reason, that they will indulge in 
 lavish expenditure of money to secure success. Money, not merit, 
 secures nominations and controls results. It is a fact, too general 
 and too apparent to be denied, that large amounts are expended by 
 candidates for office at every election for other than lawful and 
 honest election expenses ; that they are directly applied to the 
 purpose of corrupting and debauching the electors, and very often 
 to the almost open purchase of votes. This pernicious and dan- 
 gerous practice is not peculiar to cities and villages j it pervades 
 the whole State. Scarcely a neighborhood is exempt from it. It 
 is practiced with entire impunity, because, under the existing 
 Constitution and laws, the wrongdoers know very well they cannot 
 be convicted or punished. We shall never have pure elections till 
 we strike at the root of the evil. Public opinion cannot be con- 
 centrated with sufficient force against the wrong to correct it. 
 What is absolutely necessary is that some men who seek their own 
 advancement by corrupting their fellows should be convicted and 
 punished as criminals. It is far more important to punish the 
 
198 Messages of Gov. Hoffman. 
 
 man who tempts and corrupts, than him who, being tempted, 
 yields and falls. 
 
 Under our present Constitution, laws may be passed excluding 
 from the right of suffrage persons who may be convicted of bribery, 
 larceny, or of any infamous crime, and for depriving persons who 
 may make wagers upon the result of any election, of the right of 
 voting at such an election. And this is all that can be done under 
 existing provisions. The Consitution needs to be amended in this 
 respect. Kesolutions, proposing amendments, passed the Senate 
 and Assembly in 1853, but failed to receive the assent of the 
 Legislature chosen at the next election of Senators. 
 
 These resolutions were as follows : 
 
 " In Assemblt, AprU 1, 18.53. 
 
 " Resolutions proposing an amendment to the Constitution : 
 
 " Resolved (if the Senate concur), That section two of article two 
 of the Constitution of this State be amended by inserting therein, 
 immediately after the word ' election,' where it first occurs in said 
 section, as follows : ' or who shall pay, give or receive, or promise 
 to pay or give any money or other property or valuable considera- 
 tion, with intent to influence any elector in giving his vote, or to 
 deter any elector from voting,' also, by adding at the end of said 
 section as follows : ' or from holding any office voted for at such 
 election. Laws may also be passed for determining, in a summary 
 manner, at the polls, any question affecting the right of any person 
 to vote thereat,' so that said section two, as amended, shall read as 
 follows : 
 
 " Laws may be passed excluding from the right of suffrage all 
 persons who may have been or may be convicted of bribery or lar- 
 ceny or of any infamous crime, and for depriving every person who 
 shall make or become directly or indirectly interested in any bet or 
 wager depending upon the result of any election, or who shall pay, 
 give or receive, or promise to pay or give money, or other property, 
 or valuable consideration with intent to influence any elector in 
 giving his vote, or to deter any elector from voting, from the right 
 to vote at such election, or from holding any office voted for at such 
 election. Laws may also be passed determining, in a summary 
 manner, at the polls, any question affecting the right of any person 
 to vote at such election. 
 
 " Resolved (if the Senate concur). That said amendment to said 
 section two, be referred to the Legislature to be chosen at the next 
 
Mbssagis of Gov. Hoffman. 199 
 
 general election of Senators, and that, pursuant to section one of ar- 
 ticle thirteen of the Constitution, it be published for three months 
 previous to the time of such election." 
 
 I respe.ctfuUy recommend the adoption of the^e resolutions by the 
 present Legislature, with such modifications, if any, as to them may 
 seem proper, so that the next Legislature (a new Senate being 
 chosen next November) may act upon them, and, as I trust, they 
 will do, concur in them and send them for approval to the people. 
 
 JOHN. T. HOFFMAN. 
 
 State of New York, Exeotjtive Chamber, ) 
 Albany, Fehnmry 16, 1871. J 
 To the Legislature : 
 
 A joint resolution was passed by the Legislature, at its last session, 
 authorizing me to appoint three commissioners " to revise the laws 
 for the assessment and collection of taxes." I appointed David A. 
 Wells, Edwin Dodge and George W. Cuyler ; and I now transmit 
 their report. This report was not completed, in time, to allow such 
 an examination of it, on my part, as would enable me to form an 
 opinion of the expediency of adopting the recommendations made. 
 It is apparent, however, that the report contains a great amount of 
 information, and of argument, which will a£Ford most valuable aid to 
 the Legislature and the people in coming to an intelligent judgment 
 upon the questions involved. No subject is more important than 
 this one, to the interests of the people, and, consequently, none is 
 more worthy of your attention. 
 
 The tax system prevalent in the other States is, in its main features, 
 the same as in our own ; and the information furnished in this re- 
 port will be very valuable, not only to the people of our own State 
 but to the country at large. It is right that New York, the State 
 foremost in population and wealth, should take the lead in investi- 
 gating this great question, and in adopting such improvements as 
 are shown to be valuable. 
 
 The interests of the people require a method of taxation at once 
 equitable, efiective and free from unnecessary oppression ; one which 
 will yield the requisite revenue, while subjecting them as little as 
 possible to inquisitorial vexation, and which shall be attended with 
 the least expense for official services, and afford the fewest tempta- 
 tions to fraud, concealment or evasion. 
 
200 Messages of Gov, Hoffman. 
 
 If the commissioners hare succeeded in devising such a system, 
 it should be adopted as early as possible. In view of the import- 
 ance of the subject to the general welfare, I earnestly commend the 
 report to your immediate and careful consideration. 
 
 Unless otherwise instructed by the Legislature, the commissioners 
 will deem themselves authorized to go on and complete their work, 
 by preparing and submitting such laws as they think necessary to 
 the carrying out of their views. 
 
 JOHN T. HOFFMAN. 
 
VETO MESSAGES — SESSION OF 1871. 
 
 State of New York — Executive Chamber, \ 
 Albany, J<muary 20, 1871. j 
 
 To THE Senate : 
 
 I return, without my approval. Senate bill entitled " An act to 
 authorize School district No. 4, of the town of Castleton, in the 
 county of Richmond, to horrow money for the purpose of completing 
 a school building in said district, and to provide for the payment 
 thereof." 
 
 By section one of the bill, the trustees of the school district 
 named are authorized to execute and deliver a mortgage upon the 
 whole or any part of the property of the district to secure the pay- 
 ment of bonds issued by them under authority of the proposed act. 
 
 The bonds being made by the bill a charge on the taxable property 
 of the district, the further security of a mortgage ought to be un- 
 necessary. 
 
 From a mortgage upon the school-house and the land upon which 
 it is built might result at some time a transfer of the title to some 
 private owner, and a consequent suspension of the operation of the 
 school. 
 
 I have no doubt, that on consideration, the Legislature will con- 
 cur in my opinion, that this provision of the bill is neither wise nor 
 proper. 
 
 Whether there be, in former legislation, precedents for this pro- 
 vision of the bill or not, the policy of mortgaging their school pro- 
 perty is one which the people of this State ought not to pursue, and 
 one which they will not, I am sure, on deliberate examination of the 
 question, be willing to sanction. 
 
 JOHN T. HOFFMAN. 
 
 26 
 
202 Messages of Gov. Hoffman. 
 
 ExECtTTivE Chamber, ) 
 Albany, Fehrumry 2, 1871. ) 
 
 To THE Assembly : 
 
 I return, without my signature. Assembly bill entitled •' An act to 
 authorize the clerk of Monroe county to appoint assistant and special 
 deputy county clerks." 
 
 The general laws of the State provide for the appointment by 
 every county clerk, of one deputy, who, in the absence of the 
 clerk, may discharge all the duties of his principal, except that of 
 deciding on the sufficiency of the security given by public officers, 
 and who, in case of a vacancy in the office, is empowered to perform 
 the duties until the vacancy be filled. The Constitution provides 
 that the county clerks shall be clerks of the Supreme Court; and 
 the general law authorizes every county clerk to appoint a special 
 deputy, who shall possess the same power and authority as the clerk 
 " to attend and do all things in and about the courts." 
 
 The clerk of Monroe county is already authorized by a special law 
 (chapter 750, Laws of 1859), to appoint one assistant deputy, who 
 may perform all duties appertaining to the office, whenever the clerk 
 and deputy shall be absent from the office, except that of deciding 
 upon the sufficiency of the security given by public officers. 
 
 The bill now under consideration authorizes him to appoint a fur- 
 ther number of assistant deputies, not to exceed three, making in 
 all four assistant deputies, all having equal authority to perform the 
 duties of the office in the absence of the clerk and deputy. It also 
 empowers him to appoint two special deputies (in addition, of course, 
 to the one authorized by the general law) to attend to business in 
 the courts. 
 
 It is usual for every important officer to be allowed one deputy, 
 and no more, who shall, in his absence, take bis place so far as to 
 prevent interruption to the business of the office. A deputy Comp- 
 troller, a deputy Secretary of State, a deputy Attorney-Greneral,&c., 
 are provided, each authorized to act for his principal in his absence. 
 The general policy of the law seems to be that some one person, and 
 no more, shall be ready to act for the principal officer in case of his 
 absence ; and no further provision is deemed necessary or proper in 
 the case of officers of greater importance than that of county clerk. 
 
 It is difficult to see the necessity for, or the propriety of giving to 
 the county clerk of Monroe county, as this bill proposes, the excep- 
 
Messages oe Gov. HoFPMAiir. 203 
 
 tional and extraordinary power of appointing five deputies, all clothed 
 with power to act in his stead in the general business of his office, 
 while the clerks of counties of much larger population, and with 
 consequently a greater amount of business, have a less number. 
 
 The four assistant deputies (one under the general law, and three 
 under this bill), are all to be clothed with equal power to act, in the 
 absence of the clerk and deputy ; and no method is provided whereby 
 to ascertain which one of the four is, in such contingency, to be 
 regarded as chief of the office. 
 
 It may be, that some reasons can be urged for increasing the 
 number of special deputies to attend the courts. If so, these reasons 
 would apply with more force to the counties of greater population 
 than Monroe. To a special law, applicable to only one county, pro- 
 viding for a large increase of deputy county clerks, with the full 
 powers proposed by the bill, the objections are to me so manifest, 
 that I am constrained to withhold my signature, not doubting that 
 on reconsideration the Legislature will agree with me. 
 
 It appears from the petition and papers submitted to me with the 
 bill, and from the statement, in conversation with me, of the clerk 
 of Monroe county himself, that the relief which he thinks necessary, 
 is simply that of having the persons who attend the courts, in his 
 stead, clothed with the power of deputies in that branch of his busi- 
 ness. If it be deemed necessary that all persons designated by 
 county clerks to attend the courts in their behalf, should be ap- 
 pointed special deputies for such business, it would be better to enact 
 a law to meet this need, making it applicable to all the counties in 
 the State, so that any county, in which an additional force of deputy 
 clerks for this pnrpose is required, may avail itself of it. The ne- 
 cessity for such a provision must be equally great in New York, 
 Kings, Erie, Albany, and perhaps some other counties as in Monroe. 
 
 JOHN T. HOFFMAN. 
 
 Executive Chambee, 1 
 Albany February 16, 1871. J 
 
 To THE Assembly : 
 
 I return, without my signature. Assembly bill No. 54, entitled 
 " An act to change the name of the Methodist Episcopal Church at 
 
204 Messages of Gov. Hoffman. 
 
 Tompkinsville, Staten Island to ' The Kingsley Methodist Episcopal 
 Church of Edgewater, Staten Island.' " 
 
 Chapter 323 of the Laws of 1853, authorizes any religious corpo- 
 ration to obtain a change of its name, in the same manner as is pro- 
 vided by the general act to authorize persons to change their names, 
 namely, by petition to some one of the judges of a court of record 
 therein named. Chapter 322 of the Laws of 1870, also authorizes 
 all corporations and incorporated societies to change their names by 
 applying to the courts. 
 
 There is no necessity, therefore, for this special bill, and I feel it 
 to be my duty to withhold my approval. 
 
 JOHN T. HOFFMAN. 
 
 Executive Chamber, 1 
 Albany, February 28, 1871. J 
 
 To THE Assembly 
 
 I return, without my signature, Assembly bill No. 23, entitled 
 " An act to incorporate the Grranite Lake Company." 
 
 This is a local bill, the subject of which, as required by the Con- 
 stitution, should be stated in its title. The subject is not only not 
 stated in the title, but it is not even indicated j nor is the location 
 of the company stated. 
 
 It is entitled " An act to incorporate the Granite Lake Company." 
 The object, as declared by its provisions, is to incorporate a water 
 company to supply the village, and the people, of Saratoga Springs, 
 with water, and for this purpose, to acquire title to private property 
 by the exercise of the right of eminent domain, and to build dams, 
 reservoirs and acqueducts. The purpose of the constitutional re- 
 quirement is well understood, and the result of a non-compliance 
 with it, in this instance is, that the village authorities, and others in 
 Saratoga Springs, had not, as they now aver, any knowledge of the 
 provisions of the bill until after its passage, there being nothing to 
 indicate its character in the title as published in the record of pro- 
 ceedings of the Legislature. Having learned its object, they strongly 
 remonstrate against the approval of the bill. 
 
 A second objection to this bill is that the provisions relating to 
 the appraisal of damages are, in some particulars, unusual and un- 
 wise. The tenth section provides that, on .appeal, any court of 
 
Messages ob Gov, Hoffman. 205 
 
 record in the district may reverse an award of the commissioners, if 
 the proceedings are " irregular or erroneous or the award unsatis- 
 factory," hut it declares, also, that the court shall confirm the same 
 if such proceedings " are regular," and it is further provided that 
 the second award, when made, shall he final ; that it cannot he re- 
 versed, no matter how irregular, or erroneous, or unsatisfactory it 
 may be. 
 
 The third objection is, that by the act of 1868, as amended in 
 1869 and 1870, the village of Saratoga Springs was authorized to 
 issue one hundred thousand dollars of bonds for the purpose of 
 constructing the necessary water-works to supply the village with 
 water, and water commissioners were appointed to take charge of 
 the construction of the work. Upon the faith of these legislative 
 enactments, the work has been commenced, and is partially com- 
 pleted. Contracts, to the amount of ninety thousand dollars, have 
 been entered into, about sixty thousand dollars have been expended, 
 and four miles of mains have been laid. One hundred thousand 
 dollars of the village bonds have been issued, and a part thereof 
 negotiated. It is now alleged that the organization of a private cor- 
 poration such as is contemplated by this bill, in opposition to the 
 public work now in progress, is not only not demanded by any pub- 
 lic interest, but would tend to embarrass, to some extent, the further 
 negotiation of the village bonds. For these considerations, the 
 president and board of trustees of the village of Saratoga Springs, 
 and the commissioners now engaged in constructing water works, 
 at the expense of the village, remonstrate against the bill becoming 
 a law. They declare that they had no knowledge of it until after 
 its passage, and had no opportunity, therefore, to oppose it before 
 it reached the Executive. They had no reason to suppose that a 
 bill entitled simply " An act to incorporate the Granite Lake Com- 
 pany," was in effect, an act to incorporate a company to supply 
 Saratoga Springs with water. 
 
 These objections, thus briefly stated, are, to my mind, conclu- 
 sive, so that I feel it my duty to withhold my approval. It seems 
 clear to me that the Legislature, having authorized the construction 
 of the public works at the expense of the village corporation, ought 
 not (so mnch progress having been made and so much expense hav- 
 ing been incurred) to charter a private corporation with powers such 
 as are conferred by this bill, against the remonstrances of the au- 
 thorities of the village, who are presumed, at least, to represent the 
 wishes of its people. 
 
 JOHN T. HOFFMAN. 
 
206 Messages of Gov. Hoffman. 
 
 Executive Chambeb, ) 
 Albany, February 28, 1871. j 
 
 To THE Legislatuee : 
 
 I return, without my signature, Assembly bill No. 2, entitled " An 
 act authorizing the board of supervisors of Orleans county to build a 
 lock-up at Medina, in the county of Orleans." 
 
 The bill, as originally introduced in the Assembly, provided for 
 the selection of a site, and the erection thereon, of a county building, 
 by the board of supervisors, for the purposes of the' county, and at 
 an expense to the county not to exceed |3,000. It was an unneces- 
 sary bill, because the supervisors had already full powers, under the 
 general law (chapter 194, of the Laws of 1849), to do all it author- 
 ized. It was amended in the Senate, and as amended, passed by the 
 Assembly (the original title remaining the same), so as to authorize 
 the county board to select the site and construct the building at the 
 expense, not of the whole county, but of such of the towns as they 
 should deem proper to tax therefor ; when completed, to be used as 
 a place of detention for any prisoners committed for trial by any 
 magistrate of the county, and to be the property of the towns contribut- 
 ing thereto, a majority of whom may appoint a keeper for the same. 
 
 The bill, therefore, provides for the erection of a building, which 
 is neither a county nor a town building, but one to be owned in 
 common by several towns, to be used as a sort of county prison, and 
 to be in charge of a keeper, who is neither a county officer nor a 
 town officer. As to how a majority of the towns are to make the 
 appointment of the keeper ; how he is to be paid ; how the building, 
 when completed, is to be maintained and supported as a prison or 
 place of detention ; and how, or in what proportion, taxes are to be 
 levied and collected, for any of these purposes, the bill is entirely 
 silent. 
 
 It is usual and proper to provide for the erection of necessary 
 county, town and village buildings, to be the property of the respective 
 corporations and under their control ; but an association of several 
 of the towns within a county, for purposes such as are contemplated 
 by this bill, cannot, I think, be authorized, and is, I am confident, 
 without precedent in the State. 
 
 JOHN T. HOFFMAN. 
 
Messages of Gov. Hoffman, 207 
 
 State op New York, Executive Chamber, \ 
 Albany, March 1, 1871. | 
 
 To THE Senate : 
 
 I return, without my signature, Senate bill (not numbered) en- 
 titled "An Act to amend chapter 909, of the Laws of 1869, being 
 an act to amend an act entitled ' An act to amend and consolidate 
 the several acts relating to the preservation of moose, wild deer, 
 birds, and fresh water fish, passed May 9, 1868,' passed May 18, 
 1869." 
 
 The bill returned was introduced in and passed the Senate on the 
 first instant, and the Assembly on the second instant, and was not 
 printed before passage. It amends section 25, of the act of 1869, 
 by inserting " April " in the place of " March." 
 
 The sportsmen of the State and of other States, and the people 
 generally, are deeply interested in the protection and perservatiou 
 of game, and in the maintenance and enforcement of well-considered 
 game laws, and I respectfully submit, that, when such laws have, 
 after careful consideration, been enacted, they should not be altered 
 in any material point without a full opportunity for examination and 
 discussion. 
 
 The act of 1869, which was carefully prepared, makes it unlawful, 
 among other things, to kill or have in possession pinnated grouse, 
 commonly called prairie chickens, between February 1st and July 
 1st; rufled grouse, commonly called partridge, between January 1st 
 and September 1st ; venison from the 10th of January to the middle 
 of August ; and Virginia partridge, commonly called quail, from the 
 1st of January to the 20th of October, under certain prescribed 
 penalties. 
 
 By way of protection, however, to those whose possession is in 
 good faith by purchase, without intent to violate law, it was declared 
 by section 25, of the act, that the persons having such possession 
 might be relieved from the penalties, by proving that the game was 
 "imported from beyond the United States, or was killed prior to the 
 prohibited periods, or outside of the limits of the State and within 
 the United States, provided the law of such place did not prohibit 
 the killing, " except that any person having possession of prairie 
 chickens, partridges, fresh venison orquail, after the 1st day of March, 
 and between that day and the time when they can be lawfully killed, 
 shall be liable for the penalties," &c. This provision, therefore, is in 
 
208 Messages of Gov. Hoffman. 
 
 effect, secured to all persons, one to two months time, after the " pro- 
 hibited periods," in which, any could dispose of all stock on hand, 
 if lawfully acquired. 
 
 By the amendment, herewith returned, it is proposed to extend 
 the time from March 1st to April 1st. The reason which has been 
 stated to, me (and no other is assigned) is, that some dealers have 
 now, after March 1st, unexpectedly, and, as is alleged, in good faith, 
 a large stock of game on hand, and they desire to be relieved from 
 the penalties. 
 
 The bill does not give the proper and usual protection to those, 
 who in good faith, and from public considerations, had already in- 
 stituted suits for penalties, and is on that account objectionable; 
 but, even if it did, I respectfully submit that the reason assigned 
 for its passage is not sufficient to justify the proposed change. 
 
 The tendency, if not the necessary result of the amendment, 
 would be to defeat the whole object and policy of the game laws of 
 this State and of other states. If the reason assigned is deemed 
 sufficient this year to warrant an extension of the time to the 1st 
 of April, it would be equally good another year for extension to the 
 1st of May, and so from month to month thereafter. 
 
 I respectfully ask of the Senate a full consideration of these ob- 
 jections, which I trust will be received with favor. 
 
 JOHN T. HOFFMAN. 
 
 Executive Chamber, ) 
 Albany, March 9, 1871. ) 
 To THE Assembly : 
 
 I return, ^without my signature, Assembly bill No. 35, entitled 
 " An Act to incorporate the Cascade Association of the village of 
 Little Falls." 
 
 The bill provides that certain persons named, and their associates, 
 are " constituted a body corporate by the name of the ' Cascade 
 Association of the village of Little Falls,' for the purpose of protect- 
 ing life and property in said village, and for the mutual benefit and 
 literary advancement of its members." 
 
 Incorporations for nearly every proper object may be effected 
 under the comprehensive laws of the State for the formation of 
 
Messaqes' op Gov. Hoffman. 209 
 
 corporations. Beneit societies may be incorporated under chapter 
 668, Laws of 1865 ; literary societies under chapter 802, Laws of 
 1862. There is no general law which makes provision, in term» 
 for corporations " for the protection of life and property," as 
 mentioned in the hill herewith returned, but if it is intended by 
 this vague description to organize a fire company, that object may 
 also be attained under existing general laws, and the village authori- 
 ties, under the village chan-ter, are also empowered to make suitable 
 provision to protect property from fire by organizing such companies. 
 If the bill has any other objects than these, they ought to be ex- 
 pressed in plain and unmistakable language. 
 
 I take this opportunity to call your attention again to the evil of 
 unnecessary special legislation. The bill in question affords an ex- 
 ample of an enactment for which there is not, apparently, the 
 slightest necessity. The whole machinery of legislation is put in 
 motion to incorporate a society or club which may be incorporated 
 under existing general laws. The time of the Legislature is occupied 
 in the considefatioik of bills of this character, and the unnexsessary 
 burden ie thrown upon the Executive of examining them, and re- 
 turning them, as he feels it his duty to- do, with his objections. 
 
 JOHN T. HOFFMAN. 
 
 State or New York, Exectitive Chamber, ) 
 Albany, March 9, 1871. J 
 
 To THE Senate : 
 
 I return, without my signaturcj Senate bill, not printed, entitled 
 " An Act to authorize the town of Deerpark, in the county of Orange^ 
 to elect an additional justice of the peace." 
 
 The bill was introduced in the Senate on the 28th of Fetoruairy, 
 passed the same day, and passed the Assembly on the 3d of March. 
 It provided' for the election of an additional justice at the next 
 annual town meeting, which vras on the 7th of March. It was first 
 brought to my attention on the 6th ; if I had signed it ilhen, the fact 
 that it had become a law would not have been generally known to 
 the people of the town, and an election under such circumstances 
 would probably have caused much dissatisfaction. 
 27 
 
210 Messages of Gov. Hoffman, 
 
 Since then, I have made careful enquiry and am satisfied that 
 there is no good reason for excepting the town from the operation 
 of the general laws under which each town elects four justices. In 
 addition to the four justices already elected in the town of Deerpark, 
 there is a police justice in Port Jervis, the principal village of the 
 town, who has been elected under the village charter. The judicial 
 force is now quite sufficient. 
 
 JOHN T. HOFFMAN. 
 
 Executive Chamber, ) 
 Albany, March 15, 1871. j 
 
 To THE Assembly ; 
 
 I return, without my signature. Assembly bill No. 71, entitled 
 " An Act to extend the operation of chapter 938 of the Laws of 1867, 
 being ' An act providing for relief against illegal taxation in the 
 counties of Herkimer, Otsego, Chenango, Onondaga, Saratoga and 
 Fulton,' to the county of Westchester." 
 
 The bill proposes to extend over the county of Westchester the 
 provisions of chapter 938 of the Laws of 1867. This last mentioned 
 act, approved by my predecessor, gives power to the supervisors of 
 several counties named therein, viz: Herkimer, Otsego, Chenango, 
 Madison, Onondaga, Saratoga and Fulton to refund to the parties 
 who paid the same, such taxes as they may find to have been im- 
 properly levied at any time since the year 1861 ; and authorizes 
 them to levy the sum so refunded as a new tax upon the county at 
 large. Subsequently, by chapter 860 of the Laws of 1869, the 
 counties of Herkimer, Otsego and Madison were exempted from the 
 operation of the act of 1867. The cases for which this special pro- 
 vision was made, are understood to consist, chiefly, of claims made by 
 certain corporations for repayment of taxes paid by them during the 
 war without protest or contest on their part. In one instance, or per- 
 haps more, of a like tax levied in other counties, payment was refused 
 or made under protest, and, after prolonged litigation, the tax was 
 declared to have been improperly laid. Other parties, who did not 
 at the proper time avail themselves of their privilege to appeal to 
 the courts, and who did not, probably, look upon the tax as unfair 
 and oppressive, now seek to have their cases reopened and to have 
 
Messages of Gov. Hoffman. 211 
 
 repaid to them moneys which they paid without hesitation, and 
 which, with other moneys raised by taxation, have been applied to 
 the support of the State and local governments. 
 
 If the cases to which the act of 1867 applied, and the proposed * 
 bill would apply, were cases of great hardship and practical in- 
 justice, there might be some reason for providing an extraordinary 
 remedy by legislative action. As they are not such, I cannot per- 
 ceive the propriety of reopening now these old reckonings of the share 
 which each tax payer of the county was in past years bound to pay 
 toward the public expenses. The claims which will be put in will 
 be founded, it is understood, upon a construction given by the courts 
 to the law exempting the securities and public debt of the United 
 States from local taxation. At the time of their levy, the taxes 
 now sought to be refunded were almost universally believed to be 
 fair and equitable j the parties themselves on whom they were 
 levied, paying them without complaint. It is not probable that 
 any of those who now seek relief paid more than their just con- 
 tribution to the great expenditures of that period ; notwithstanding 
 that, since then, it has been decided that a certain portion of per- 
 sonal property, including even ready money, in the form of legal- 
 tender notes, should have been exempted from all taxation. 
 
 The corporations and the shareholders who resisted the State tax 
 did so, successfully, under strict construction of law. They were 
 equitably bound to contribute their fair share toward the expenses 
 of the government. The statute of 1862 provided for a tax on bank 
 and other moneyed corporations, on a valuation equal to their capi- 
 tal stock and surplus earnings, less ten per cent, of the surplus. 
 Under this act a litigation arose between tax commissioners and cer- 
 tain banks, when capital was invested largely in United States se- 
 curities, and was decided in favor of the banks. 
 
 Then the State passed a law, chapter 97, Laws of 1865, designed 
 to reach the shareholders in the banks by taxing the shares as per- 
 sonal property. This law was held invalid in the United States 
 court, not because such shares were not taxable, but because of a 
 defect in the law. (See Van Allen v. The Assessors, 3 Wallace, 
 U. S. Reports, page 573). This defect was remedied by chapter 
 761 of the Laws of 1866, under which, while the bank capital is not 
 taxed, the shareholders are, and the validity of this law has not been 
 disputed. 
 
 Many, if not quite all, of the claims now made for repayment of 
 taxes, come from those who paid upon their capital, or upon their 
 shares before the law of 1866. 
 
212 Messages of Gov. HorPMAiir. 
 
 These claims, are not, therefore, in my judgment, of a nature to 
 appeal powerfully to our sense of equity. If the claimants had the 
 power at the time to resist in the courts the payment of a just and 
 equitable tax, and neglected to exert the power, and assert their 
 Strict legal rights in the ordinary way and at the proper time, that 
 affords no sufficient excuse for providing now a special tribunal for 
 considering their demands, for reopening and resettling tax levies 
 made in good faith years ago, and for levying new burdens on the 
 tax-payers of to-day, to meet claims which may fairly be objected to 
 now as bavifig become, by the lapse of time, stale. It would be a 
 bad precedent to allow the boards of supervisors to go back over so 
 long a period to reconsider the acts of th«ir predecessors in this 
 respect, unless in instances of very great and most manifest oppres- 
 sion. When, in consequence of the great expenditures rendered 
 necessary by the war, all tax-payers had to endure unusual bnrdeos, 
 the hardship was certainly not felt so severely by the class who were 
 favored by exemption of part of their property from taxation, as by 
 others. While content that this class should have all their legal 
 rights, I do not think we are bound to provide special means for 
 remedying their own neglect to enforce their rights. I, therefore, 
 return the bill to you in the confident belief that, on reconsideration, 
 you will agree with me that it should not pass into a law. 
 
 JOHN T. HOFFMAN. 
 
 Executive Chamber, 1 
 Albany, March 17, 1871. j 
 
 To THE Assembly : 
 
 I return, without my signature, Assfembly bill 179, entitled " An 
 Act to provide for the appointment of an additional clerk for each of 
 the district courts in the city of New York." 
 
 The act not only provides for the appointment of an additional 
 clerk by each of the justices of the several district courts in the city 
 of New York, but it fixes the compensation of the clerk, and directs 
 the boattdof supervisors to raise, by tax, the amount necessary to pay 
 the salaries of the appointees. 
 
 There are nine district courts in the city of New York. The ex- 
 pense of maintaining these district courts, in connection with the 
 
MESSjiaES OF Gov. Hoffmav. 213 
 
 police courts, is at least $450,000. There is no valid reason for in- 
 creasing this expense ; it should rather be diminished. 
 
 Each district court, in addition to the justice, who receives a 
 liberal salary, has a clerk whose salary is $6,000 per annum; a 
 stenographer, who receives $2,500 per annum; two attendants, 
 a janitor, and an interpreter, each of whom receive about $1,200 
 per annum. It is well known to those who are conversant with the 
 business of the Courts, that in all of th«m, this clerical and other 
 force is sufficient, and more than sufficient, for the business which 
 appertains to them. This bill, therefore, if I signed it, would au- 
 thorize the appointment of nine unnecessary officers, each of whom 
 would receive $6,000 per annum, and it would add $54,000 annu- 
 ally to the taxes of New York city. 
 
 If bills like this are permitted to become laws, no efforts of the 
 authorities to reduce expenditures and taxation can be successful. 
 I cannot, therefore, give it my approval. 
 
 JOHN T. HOFFMAN. 
 
 Executive Chamber, ) 
 Albany, March 22, 1871. [ 
 
 To THE ASSEMBLV : 
 
 I return, without my signature. Assembly bill No. 186, entitled 
 " An Act to amend chapter 311 of the Laws of 1859, passed. April 
 14, 1859, being an act to provide for the inspection and sealing of 
 gaS'meters, and for the protection of consumers of illuminating gas, 
 and further to amend chapter 116 of the Laws of 1860, passed March 
 24, 1860, being an act to provide for the appointment of Deputy 
 Inspectors of gas-meters, to reside in different parts of this State." 
 
 The first section of the bill returned amends section 1 of chapter 
 311 of the Laws of 1859, by providing that for every ^tamp or seal 
 put upon a gas-meter by an inspector, the inspector shall receive 
 five cents, to be paid by the manufacturer of the meter. This is in 
 addition to the salary now payable in the first instance out of the 
 State Treasury, but which is ultimately charged and assessed by the 
 State upon the different gas companies. 
 
 The right of the Legislature to provide for the inspection of gas- 
 meters (which are " measures "), and to charge the expenses upon 
 
214 Messages op Gov. Hoffman. 
 
 the companies who sell the gas by these measures, under the con- 
 stitutional provision relating to weights and measures, will not I sup- 
 pose, be denied ; but to impose a tax or charge upon the manufacturer 
 of the meter, to be paid to the inspector, is, I respectfully submit, 
 clearly in violation of that portion of section 8 of article 5 of the 
 Constitution of the State, which abolishes " all offices for the weigh- 
 ing, gauging, measuring, or inspecting any merchandise, produce, 
 manufacture, or commodity whatever." 
 
 The meter can properly be inspected at the expense of the indi- 
 vidual or corporation using it as a measure for the sale of gas, but 
 not at the expense of the manufacturer, who holds it merely as a 
 mechanical production, an article of manufacture. In this opinion, 
 I respectfully submit, the Attorney-General of the State concurs. 
 
 There isanother objection to this bill, which being stated, will also, 
 1 am confident, command the assent of the Legislature. It is this : 
 The inspector of gas-meters is an officer of the State appointed by 
 the Grovernor, by and with the consent of the Senate. By chapter 
 116 of the Laws of 1860, his salary was increased from $1,500 to 
 $2,500 per annum, and he was authorized to appoint deputy inspect- 
 ors, to reside in different parts of the State where gas-meters were 
 manufactured, who were to receive two dollars a day from him out 
 of his salary, when actually engaged in the discharge of their duties. 
 
 There can be no doubt, I think, that this provision was not only 
 wise, but sufficient for the accomplishment of the end in view. The 
 inspector would appoint only when necessary, and the appointees 
 would be engaged only when necessary, the chief inspector being 
 obliged to pay them out of his increased salary a per diem allowance. 
 
 The bill now returned makes an entire change in this respect. It 
 authorizes and requires the inspector to appoint three deputies, and 
 no more, one for New York, one for Brooklyn, and one for Albany, 
 each of whom shall receive a salary of $1,500, to be paid primarily 
 from the State treasury, ultimately to be assessed upon and apportioned 
 among the gas companies. If these deputies are needed in New 
 York, and Brooklyn and Albany, it is difficult to see why they will 
 not be required also for the other cities of the State. Moreover, if 
 the public interests demand these appointments under salary (which 
 is greatly to be doubted), I respectfully submit that, as matter of 
 public policy, they should be appointed as the chief inspector him- 
 self is appointed, namely, by the Governor and Senate. It seems to 
 me impolitic, if not improper, to confer upon the inspector, who is 
 an appointee of the Governor and Senate, the power to appoint three 
 deputies, each of whom possesses as much power as he does, and 
 
Messages of Gov. Hoffman. 215 
 
 who together draw from the treasury of the State nearly twice the 
 amount of his salary. 
 
 I therefore, respectfully submit that this bill should not become a 
 law. 
 
 JOHN T. HOFFMAN. 
 
 Executive Chambee, 1 
 Albany, March 23, 1871. ) 
 To THE Assembly : 
 
 I return, without my signature, Assembly bill No. 18, entitled 
 " An Act to amend an act to incorporate the Little Valley Water 
 Works Company." 
 
 The bill creates a private corporation, by the corporate name of 
 the Little Valley Water Works Company, with a capital stock of not 
 less than three nor more than ten thousand dollars, for the purpose 
 of supplying the village of Little Valley with pure and wholesome 
 water; and authorizes this private corporation, for the purpose men- 
 tioned, to enter upon any lands, streets, highways, roads, lanes, canals, 
 railroads or public squares through which they may deem proper to 
 convey water and to lay pipes and aqueducts. The corporation is 
 also authorized to enter upon any lands, even without the consent of 
 the owner, for the purpose of making an examination, survey and 
 map of the lands, the title to which they intend to acquire under the 
 provisions of the act. In case they cannot, agree with the owners 
 and occupants of lands and water which they intend to take and use, 
 they are authorized to apply to the Supreme Court for the appoint- 
 ment of commissioners to determine the compensation to be paid, 
 and upon the payment or legal tender of the amount awarded by the 
 commissioners, or in case of appeal therefrom by the court, the corpora- 
 tion is authorized to enter upon and take and hold the lands, water 
 and property for which compensation is awarded. The company is 
 authorized, when its works are completed, to make contracts and 
 agreements for the use and distribution of its water ; in other words, 
 to sell the water, at its own price and upon its own terms, to who- 
 ever may choose to buy it. 
 
 The bill, therefore, creates a private company with power to take 
 private property against the consent of the owners by the exercise 
 
216 Mbssaqbs of G-ov. Hobfman. 
 
 of what is commonly called the right of eminent domain, upon the 
 theory that it is taken for a public use, while, in faet, it is taken to 
 empower a private corporation to conatruct aqueducts and reservoirs 
 which would enable them to sell water to the public for their own 
 private gain. There are such grave doubts about the constitution- 
 ality of such a law that, although I am aware that the legislation is 
 not without precedent in this State, I feel it my duty to withhold 
 my approval from this bill, and I do so after having asked and re- 
 ceived the opinion of the Attorney-General of the State. 
 
 The right of the Legislature to confer upon cities and villages the 
 power of constructing water-works for the use of the public, and, to 
 that ead, to delegate to them the right of eminent domain by which 
 they are enabled to obtain the title to private property for public 
 use, is indisputable, and, as a general rule, such works have been 
 constructed in this State by or under the direction of municipal au- 
 thorities ; but care must be taken to discriminate between powers 
 delegated to, or conferred upon, municipal corporations and similar 
 powers sought to be conferred upon individuals or private corpora- 
 tions. If the Legislature can authorize a private corporation to ac- 
 quire title to lands and property against the consent of the owner, 
 as is done by the bill herewith returned, it can alathorize an individual 
 to do the same. I cannot learn that the courts have ever decided 
 that the Legislature could confer upon any individual or association 
 of individuals the right to take any private property, against the 
 owner's consent, for the purpose of enabling the individHial or asso- 
 ciation of individuals to sell to the public any article, even pure and 
 wholesome water, for private gain. The Attorney -General informs 
 me that he is not aware that in this State the exercise of the right 
 of eminent domain under the Constitution has been carried further 
 than to authorize the creation of corporations to build railroads, 
 plank, macadamized and turnpike roads, bridges, ferries, etc., which 
 are confessedly for public use, and that it has never been held that 
 the property of one man could be taken and given to another, or to 
 an association, for a purpose not strictly of a public use, although 
 full compensation should be made. And he says, further, that as 
 the spirit and intention of this bill seems to be to authorize this cor- 
 poration to possess itself by compulsory proceedings of water streams 
 and springs in the locality named, and to hold the water for sale to 
 the inhabitants for the private profit and speculation of the corpora- 
 tors, dictating their own terms as to price, that it is difficult to dis- 
 tinguish such an enterprise from those entered upon by incorporations 
 formed under general laws, or by private parties, for developing 
 
Messages of Gov. Hoffman. ,^217 
 
 mines and quarries, or engaging in any other manufacturing or 
 mechanical pursuit, all to inure to the public benefit, but none of 
 which general laws arm the corporation with power to take, by com- 
 pulsion, private property for their business purposes. 
 
 While it may be, as is claimed by some, that the question is not 
 free from doubt, and while, as I have said before, there are prece- 
 dents for somewhat similar legislation to that proposed by this bill, 
 yet, for the reasons given, and inasmuch as owners of private pro- 
 perty likely to be affected by its operation have remonstrated to me 
 against its becoming a law, I respectfully submit the objections 
 which have been suggested in the hope that they will be carefully 
 considered and sustained by the Legislature. 
 
 JOHN T. HOFFMAN. 
 
 Executive Chamber, ") 
 Albany, March 28, 1871. J 
 
 To THE Assembly : 
 
 I return, not approved, Assembly bill, printed number 77, entitled 
 " An Act relative to the assessment roll of the town of Oswegatchie." 
 
 It is precisely similar to a bill which passed the Legislature in 
 1869, and which was then returned unapproved, for the following 
 reasons, which are as forcible now as then. The bill provides that 
 the assessors of the town of Oswegatchie shall hereafter, in all 
 assessments for the purposes of taxation, make a roll for each of the 
 wards in the city of Ogdensburg, and another for that portion of 
 the town not included within the corporate limits of said city, and 
 shall deliver one of said rolls to the supervisor of each ward j and 
 yet, that the warrants issued for the collection of the taxes shall be 
 addressed and delivered to the collector of the town. 
 
 The bill is, in my judgment, a needless interference with the 
 details of the duties of town assessors and town supervisors, which 
 are regulated, and no doubt wisely regulated, by the general laws. 
 
 The city of Ogdensburg is a part of the town of Oswegatchie, 
 
 and its citizens have their share in electing the supervisor of the 
 
 town, whose jurisdiction as a town officer extends over the city, as 
 
 well as over the rest of the town, for all town purposes. So long as 
 
 28 
 
218 Messages of Gov. Hoffman. 
 
 the oity continues to be a part, of the town, it is not right that any 
 of his duties and powers should be devolved upon the ward super- 
 visors, whose jurisdiction is much more limited. 
 
 If there be sufficient reason for making the proposed change, 
 then it should be made by a general law applicable to all cities and 
 towns similarly situated. 
 
 JOHN T, HOFFMAN. 
 
 Executive Chambee, ) 
 Albany, March 29, 1871. J 
 
 To THE Assembly : 
 
 I return, without my signature, Assembly bill No. 120, entitled 
 " An Act to incorporate the New York Musical Instrument Saving 
 and Loan Society." 
 
 There is no necessity for the passage of a law to accomplish the 
 object of thig bill. The incorporation may be effected under the 
 general law. Chapter 368, Laws of 1865, makes express provision 
 for the organization of musical societies. 
 
 JOHN T. HOFFMAN. 
 
 State of New Yoek, Executive Chamber, 1 
 Albany, March 28, 1871. | 
 
 To THE Senate : 
 
 I return, without my signature, Senate bill No. 288, entitled 
 " An Act for cjosiijg the offices of the sheriff gpd county clerk of 
 the several counties, and register of the city and county of. New 
 York, and county of Kiilga, on oertain holidays." 
 
 If the object of this bill be to afford clerks and employees, in the 
 offio^^ named, the privilege of being absent on the days established 
 by law as holidays in respect to the presentation and payment of 
 notes, bank checks and bills of exchange, I deem it hardly necessary 
 to pass a law for th^t purpose, inasmuch aa there are few public 
 offices in which the privilege is not accorded already, for, although 
 
Messaoes of Gov. Hoffman. 219 
 
 kept open ostensibly, business is suspended to such an extent as to 
 permit the greater portion of the employees to absent themselves. 
 
 I do not think it wise to close these offices entirely, and, in effect 
 to prohibit altogether the transaction of business therein on holidays ; 
 and I deem it unnecessary to do more than suggest the great incon- 
 venience which would result to the public if this bill should become 
 a law. Inability to procure a docketing of a judgment in the office 
 of the county clerk, or the deposit of a deed or mortgage with the 
 clerk or register, for record, on the days indicated, would operate 
 greatly to the disadvantage of the public, and might result in serious 
 loss, and, perhaps, irreparable damage to those who had business to 
 transact with these officers. The same objection applies to the clos- 
 ing of the sheriff's office, by means of which the delivery and exe- 
 cution of process of the courts might be hindered and delayed, and 
 the ends of justice thwarted. 
 
 If there was an entire cessation of business on these legal holi- 
 days, as on Sundays, there might be more reason for the passage of 
 this law, but the customary partial suspension does not, in my opi- 
 nion, justify the compulsory closing of these offices, access to which, 
 at all proper times, for the public convenience, should be facilitated 
 rather than impeded. 
 
 JOHN T. HOFFMAN. 
 
 State op New YoRk, ExeOtJtive ChambEe, "| 
 AliBANY, March 31, 1871. J 
 
 To THE Senate : 
 
 I return, notapproved. Senate bill, printed, No. 219, entitled " An 
 Act supplemental to and amendatory of chapter 842 of the Laws of 
 1868, entitled ' An act to provide for the transmission of letters, 
 packages and merchandise in the cities of New York and Brooklyn, 
 and across the North and East rivers, by means of pneumatic tubes, 
 to be constructed beneath the surface of the streets, squares, avenues 
 and public places in said cities, and under the waters of said rivers/ 
 passed June 1, 1868, and of chapter 512 of the Laws of 1869, en- 
 titled ' An act supplementary to chapter 842 of the Laws of 1868, 
 in Delation to carrying letters, packages and merchandise, by means 
 

 220 Messages of Gov. Hoffman. 
 
 of pneumatic tubes, in New York and Brooklyn, and to provide for 
 the transportation of passengers in said pneumatic tubes." 
 
 As appears by its title and provisions, this bill is supplementary 
 to, and amendatory of two acts passed in 1868 and 1869. 
 
 The act passed in 1868, amongst other things, authorized certain 
 persons named therein and their assigns to lay down, construct and 
 maintain one or more pneumatic tubes, of a mean interior diameter 
 of not exceeding 54 (fifty-four) inches, to convey letters, parcels, 
 packages, mails, merchandise and property through said tubes for 
 compensation, by vehicles to be run and operated thereon by the 
 pneumatic system of propulsion, and authority was given to erect on 
 the sidewalks, lamp-post boxes, pillars or receptacles, not exceeding 
 30 (thirty) inches in diameter, and without limit as to number, con- 
 nected with such tubes, for the deposit of letters, parcels and pro- 
 perty to be transmitted therein. For the purpose of laying and 
 constructing said tubes, the said persons or their assigns were au- 
 thorized to make such openings in said streets, squares, avenues or 
 public places under which said tubes were to pass as might be 
 necessary and proper. The Croton aqueduct department was au- 
 thorized to make such regulations as would prevent, as far as possible, 
 the obstruction of any street, square, avenue or public place. It 
 was required that the said persons or their assigns, should first lay 
 down and construct one line of said pneumatic tubes from the post- 
 office in Nassau street, between Liberty and Cedar streets, in said 
 city, not extending above Fourteenth street, which should be put in 
 successful operation, and continue so for the period of three months, 
 and a certificate to that effect, to be made by the postmaster, for the 
 time being, of the city of New York, and the mayor and comptroller 
 of said city, or a majority of them, should be filed in the office of 
 thq Secretary of State, before proceeding to lay down and construct 
 any other lines of such pneumatic tubes as therein authorized. By 
 one of the sections of said act, the said persons or their assigns were 
 authorized to incorporate themselves under the general manufac- 
 turing and mining act. 
 
 By the act passed in 1869, it was provided, that if the postmaster 
 should neglect or refuse to give his consent to connect said tubes 
 with the post-office, the said persons or their assigns, instead of per- 
 forming the foregoing requirement, and in lieu thereof, should first 
 lay down and construct one line of pneumatic tubes, from Warren 
 street, at its connection with Broadway, southerly under Broadway, 
 to the point of intersection of Cedar street therewith, or to some 
 
Messages of Gov. Hoffman. 221 
 
 point within 200 (two hundred) feet, thereof. It was also provided 
 in this act, that the tubes should not exceed 54 (fifty-four) inches in- 
 terior diameter, and authority was given such persons or their assigns 
 during the "laying, construction and repairing of the pneumatic 
 tubes and appurtenances," to make such openings in said streets, 
 squares, avenues and public places, through and under which said 
 tubes were to pass, as might be necessary, subject to the regulations 
 therein before provided. 
 
 It is claimed that the said persons or their assigns, organized as 
 a corporation under the sixth section of the act of 1869, and the 
 bill returned herewith assumes that they duly organized by the 
 name of the " Beach Pneumatic Transit Company ;" and it is ex- 
 pressly provided, by section ten of this bill, that nothing therein 
 contained " shall be construed to limit or restrict any of the powers, 
 rights and privileges heretofore granted to said corporation." 
 
 No tubes have been laid under either of said acts, as required by 
 their provisions, but there has been constructed in Broadway, be- 
 tween Warren and Murray streets, without authority of law, a tube 
 8 (eight) feet in diameter, or nearly double the size of those author- 
 ized which has not been used for the purposes declared by the act, 
 but has been kept on exhibition. 
 
 The bill under consideration declares that this tube, between 
 Warren and Murray streets, shall be deemed to be the preliminary 
 line of pneumatic tubes " duly certified," required by the provision 
 of the act, to which this bill is proposed as supplemental and amen- 
 datory. It will be seen that the bill under consideration revives 
 two acts, containing important powers and privileges, none of which 
 have been exercised according to the laws now sought to be revived, 
 and that the provisions of those acts, and of the bill herewith re- 
 turned, must be considered as one scheme. 
 
 I have given, to the measure thus presented, careful examination 
 and consideration, from the time the bill reached the executive 
 chamber, and I have the most decided conviction, for reasons which 
 I will proceed to state, that I ought not to give it my approval. 
 
 I have given a public hearing to the parties interested. I have 
 patiently heard and weighed all that could be said in its favor by 
 the parties to the bill, as well as those who were led to take part in 
 favor of the measure because of their interest in the general ques- 
 tion of increasing facilities for more rapid city transit, but they have 
 failed to change my first conviction derived from an examination of 
 the subject, which so far as it relates to a railway under Broadway, 
 is not new to me. 
 
222 Messages ob Gov. HoFFMAif. 
 
 Soon after the bill reached me, I addressed a communication to 
 Mr. E. H. Tracy, chief-engineer of the department of public works, 
 in the city of New York, who is charged, under the direction of the 
 head of that department, with the care of the Croton aqueduct, 
 water-pipes, sewerage and underground works of the city, asking his 
 opinion and judgment as to the practicable character and effect of 
 the proposed scheme. He has furnished me with a thorough and 
 comprehensive report upon the whole question, unqualifiedly con- 
 demning the project and pointing out the great and irremediable 
 injury which would be produced if it were attempted to be put in 
 operation. Mr. Tracy is specially qualified to furnish an intelligent 
 and reliable opinion on the whole subject ; he was connected with 
 the building of the Croton aqueduct works of the city during four- 
 teen years, from the commencement to the conclusion of that great 
 enterprise, first as assistant, and finally, as chief-engineer in charge 
 thereof. Subsequently he was chief-engineer of the city department 
 of the Croton aqueduct, in charge of the laying of water-pipes and 
 building sewers. He has had also a large experience in railroad 
 construction, and since the organization of the present department, 
 has been the chief-engineer in charge of its under-ground works. 
 No one can be found in the whole range of his profession, who has 
 greater experience than he upon such questions, or who can claim to 
 be his superior in professional attainments. His judgment, in re- 
 gard to the subject under consideration, is obviously entitled to great 
 weight. 
 
 The bill under consideration authorizes the said company, organ- 
 ized under the act of 1868, to construct, maintain and operate an 
 underground railway for the transportation of passengers and pro- 
 perty in the city of New York, extending from Bowling Green, under 
 Broadway to Fourteenth street, thenc? under Union square to Seven- 
 teenth street, thence under Broadway to its junction with Central 
 Park and Eighth avenue, with a branch railway from Union square 
 under Fourth avenue to Harlem river, and across and Under the bed 
 of said river to the northerly shore thereof, by means of tubes of 
 enlarged diameter, sufficient for the construction of a railway or rail- 
 ways therein, and the carrying of passengers therein ; and also to 
 construct within said tubes two or more tracks of railway. It is 
 further provided, that these passenger tubes shall, " as far as prac- 
 ticable," follow the center line of the aforesaid streets, and shall not 
 occupy in the aggregate a greater space than 31 (thirty- one) feet in 
 width by 18 (eighteen) feet in height, exterior measurement. The 
 
Messages of Gov. Hoffman. 223 
 
 company are authorized in addition to construct " turnouts and 
 stations " without limit, and '" lues, openings and stairways for ven- 
 tilation" without number. 
 
 The work is to be done under the direction of three engineers or 
 a majority of them, one of whom is to be appointed by the depart- 
 ment of public works, and the remaining two (or the majority) are 
 named in the bill, who are to adopt needful precautions. The said 
 engineers, or a majority of them, are to decide whether the pneu- 
 matic system or a suitable locomotive shall be adopted by said cor- 
 poration for the propulsion of the cars to be used. 
 
 If the said company shall not comply with the provisions of the 
 act the only remedy provided, is that the engineer shall notify the 
 mayor, and he may bring a suit against them ; but it is further 
 declared, that in all cases, the use of the streets, avenues, squares, 
 grounds and places, and the right of way under the same, shall be 
 considered to be a public use, consistent with the uses and purposes 
 for which the mayor, aldermen and commonalty of the city of New 
 York hold said streets, avenues, squares, grounds and public places ; 
 and that, as far as practicable, the municipal authorities of the city 
 shall at all times aid the corporation in the construction of the 
 work. 
 
 The said company are given the right to acquire title and hold any 
 real estate or interest therein as may be necessary to enable them to 
 construct, operate and maintain such tubes and railway, and to con- 
 struct and maintain proper platforms, stations and buildings of said 
 corporation, at such points along said tube as may be convenient and 
 suitable for the ingress and egress of passengers, and for the receipt 
 and discharge of freight and packages. All changes or alterations 
 in the sewers, water-pipes or gas-pipes that may be necessary for the 
 proper construction of said tubes, are to be done by the said company, 
 the city authorities having only a supervision thereof. 
 
 The said company are prohibited from constructing any station, 
 depot or other building or work upon any land belonging to the 
 mayor, aldermen and commonalty of the city of New York, either in 
 their own right or as trustees or commissioners, without the consent 
 of the mayor, aldermen and commonalty first had and obtained ; but 
 nothing in the act shall be construed to authorize the said mayor, 
 &e., to donate, lease or sell any portion of the ground surface of any 
 public park of said city, beyond what may be absolutely necessary 
 " for the exit from and entrance to said railway." 
 
 This would give the common council power to grant to the said 
 
224 Messages of Gov. Hoffman. 
 
 corporation spaces in the parks for such exits and entrances, and 
 with the consent of that body, they could proceed under their general 
 powers to acquire such portions of the several parks, along the pro- 
 posed route, as they should require by commissioners under the pro- 
 visions of the general railroad act. The parks thus affected would 
 be the City Hall park, Union Square park, Madison park and Central 
 park. It is further provided, that the travel through streets shall 
 not be interrupted, except by the permission of the commissioner of 
 public works, and that temporary bridges shall be constructed when 
 the surface of Broadway is broken. It is not required that any 
 amount of capital shall be paid into the said company before the work 
 is commenced, but it is required that within 10 (ten) days the said 
 company shall file with the State Comptroller a bond (it is not stated 
 to or with whom said bond is to be made), in the penal sum of 
 ($200,000) two hundred thousand dollars with sureties, to be ap- 
 proved by said Comptroller, that active operations shall be com- 
 menced within 90 (ninety) days after the passage of the act, and 
 for the completion of the section of passenger tubes, with 2 (two) 
 railway tracks from Bowling Grreen to Fourteenth street within 2 
 (two) years thereafter, and for the completion of the remainder of 
 said passenger tubes within 5 (five) years thereafter ; but it is fur- 
 ther provided that, in case of delay by legal proceedings, or " extra- 
 ordinary causes beyond the control of said corporations," which shall 
 compel the stoppage of the work, the time so lost by said stoppage 
 shall be added to the time allowed for completing said tubes. This 
 is all the provision as to the time when the work is to be performed 
 in part or in whole. 
 
 It will be seen among other things : 
 
 First. That Broadway, for its entire length, is surrendered to this 
 company, for an iodefinite period of time, for the construction of 
 passenger tubes, under the provisions of this bill, and " one or 
 more " tubes under the other acts, to which this is proposed as sup- 
 plemental, for a pneumatic or underground railway, as shall be de- 
 cided. It is fair to assume that the purpose of the bill is an under- 
 ground locomotive railway. The facts that the pneumatic process, 
 provided for by the previous act, has not been carried into effect by 
 the company, that it has proved a failure in other places where it 
 has been fully tried, and that the bill makes such full provision for 
 an underground locomotive railway, make it a fair assumption that 
 such a railway is intended ; at all events, it is fully authorized by the 
 bill. 
 
Messages os Gov. Hoffman. 225 
 
 Second. It provides that a tube or opening may be made under 
 the surface of Broadway, following the centre line " as far as practic- 
 able," and occupying, in the aggregate, a space not greater than 
 31 (thirty-one) feet in width, by 18 (eighteen) feet in height. It is 
 argued that the antecedent words, " as far as practicable," in the 
 sentence, relate to the size of the tubes as well as " the position," 
 in which event there is no limit to what might be held " practic- 
 able." There is, in addition to the width authorized for the tubes, 
 authority without limit for turnouts and stations. To alkw the 
 proper space between the top of the tube and the surface of the street, 
 the bottom of this tube must be about 22 (twenty-two) feet below 
 the surface. This will place such bottom, at a portion of the route, 
 10 (ten) feet under tide water. Chief-engineer Tracy reports that, 
 from the character of the soil, such under-ground road could not be 
 made by tunneling, but would require an open cutting from the sur- 
 face, necessitating the removal of the pavement and the digging of 
 the soil to the required depth ; that the material thus removed could 
 not be allowed to remain in the street without endangering the safety 
 of the vaults underneath, but must necessarily be taken away and 
 brought back again. 
 
 Third. By the bill under consideration, the surface of the street 
 is not to be opened without the permission of the commissioner of 
 public works, but, by the previous acts, which are re-enacted by this 
 bill, any street or road may be opened without this permission. By 
 this bill, any street or road may be opened without this permission. 
 By this bill, bridges are required to be constructed to facilitate 
 travel when interruption occurs ; by the previous acts, no such re- 
 quirement exists. The company would, therefore, proceed at once 
 to opdn Broadway at as many places as they might desire, claiming 
 to be authorized under the acts of 1868 and 1869, and there would 
 be no remedy. 
 
 Fourth. The company are only required to follow the centre line 
 of Broadway, " as far as practicable," after stipulations that " all 
 needful precautions" are to be taken to prevent unnecessary inter- 
 ference with the sewers, water-pipes, etc. As the sewers and pipes 
 run at or near the centre of the street, it may be found expedient to 
 construct this underground railway at. the sides of the streets and 
 under the pavements, to the eatire destruction of the vaults on tha 
 street, and with greater danger to the safety of the buildings adjoin- 
 ing than if in the centre of the street. Mr. Tracy, in his report to 
 me gives it a^ his judgment that the excavation in the centre of the 
 29 
 
226 Messages of Gov. Hoffman. 
 
 street, where there is quicksand, would endanger the safety of the 
 adjoining buildings, and that, at certain parts of the street, soft mud 
 will probably be encountered, which is likely to flow into the cut and 
 endanger the safety of the adjoining buildings. 
 
 Fifth. As to the vaults, there is nothing in this bill which could 
 prevent the company from taking all the space occupied for vaults 
 on Broadway, without the consent of the owners and without com- 
 pensation. By the act of 1868, referred to, the consent of vault 
 owners, and compensation for the injury, must precede any interfer- 
 ence with such vaults for the purposes of the tubes therein provided 
 for, but this bill is silent as to such consent or compensation. 
 
 Sixth. The said company are authorized to construct openings, 
 flues and stairways, for ventilation on the street. There must be 
 10 (ten) or 15 (fifteen) of these in every mile for due. ventilation, 
 as chief-engineer Tracy reports to me. There is no restriction as 
 to where these openings are to be made, and they may be in the 
 most valuable portions of the street, and opposite the most frequented 
 places of business. Through these flues, staircases and other open- 
 ings, smoke (or if no smoke), gas and noxious vapors will be con- 
 stantly passing. 
 
 Seventh, The company are authorized to carry freight and pas- 
 sengers, and to select any point for their buildings for the purposes 
 of said railway, and may take any man's store or other building 
 without his consent, by proceeding under the general railroad act 
 to make compensation. 
 
 Eighth. The company are authorized to occupy the parks for 
 ingress and egress for their railroad, with the consent of the common 
 council, and may, with such consent, proceed to take any part of 
 the parks for their purposes, by commissioners under the general 
 railroad act, and virtually without compensation ; for the bill declares 
 that in all cases the use of the streets, avenues, squares, grounds 
 and public places shall be deemed a public use consistent with the 
 uses and purposes for which the mayor, aldermen and commonalty 
 of said city hold the same. 
 
 Ninth. The provision for giving a bond for $200,000 (two hun- 
 dred thousand dollars), not required to be made to the State, the city 
 or any one in particular, does not amount to anything. As it is not 
 required to be made to any one, it could not be enforced, and, if 
 available at all as indemnity, it would not compensate for the damage 
 which might be done to a single building on Broadway. The bill is 
 drawn, in all its provisions, in a loose manner, without adequate 
 
Messages of Q-ov. Hoepman. 227 
 
 guards in any essential, if the scheme were in all other respects 
 practicable. 
 
 I have given only a portion (yet I hope sufficient) of the objec- 
 tions of a general character to show that this bill ought not to be- 
 come a law. Every important interest is endangered, and no private 
 or public right is protected. I deem it my duty, however, to pre- 
 sent a portion of the objections to the scheme contained in the 
 report of Mr. Tracy, in addition to those I have referred to : 
 
 As to the effect of constructing the tubes under Tourth avenue : 
 
 " The Harlem Bailroad Company have their tracks, depots, open 
 cuts, tunnel and bridges over the centre of Fourth avenue, under all 
 of which the tubes will have to pass. Whpre the tracks are now 
 laid on a level with the surface of the streets, they will have to be 
 removed during the construction of the tube. If new tunnels are 
 cut beneath the old ones, they will have to be cut at a considerable 
 depth below them to insure the safety of the present tunnels, and 
 in that part of the avenue north of One Hundredth street, the abut- 
 ments and piers of the Harlem railroad bridges will have to be sup- 
 ported on top of the tube. The tube can only be built strong 
 enough to support these abutments by great care and at great ex- 
 pense, and will necessitate the abandonment of the present tracks of 
 the Harlem Bailroad Company during the construction." 
 
 As to the effect on sewerage : 
 
 Mr. Tracy states that " the tubes will cross the line of the larger 
 sewers now built in the city. Nearly all that part of the city be- 
 tween Fourteenth street and the Bowery, Chatham street and Broad- 
 way now drains into the North river, and a large portion of it 
 through the sewer in Canal street. The proposed pneumatic tube 
 will, almost of necessity, compel a new sewer or sewers to be con- 
 structed to carry this drainage into the East river, and as the sur- 
 face of the ground at Canal street and Broadway, is but 12 (twelve) 
 feet above tide level, but little descent can be given to the sewer, 
 and, consequently, it must be of great size to effectually drain this 
 descent. 
 
 All of the sewers on Broadway will have to be removed, and the 
 drainage provided for through side streets, as the spaces betweeri 
 the vaults of the buildings will be too narrow in which to build and 
 maintain the sewers. 
 
 " The small sewers in the cross street^ that would be cut in two 
 by the tube will have to be rebuilt in every case, and the plans of 
 inclination changed so as to descend in an opposite direction from 
 that which they do now. In many cases, this would involve the 
 
228 Messages of Gov. Hoffman. 
 
 rebuilding of the sewers for several bloeks east and west of Broadway, 
 and sometimes in the adjoining streets running parallel with Broad- 
 way." 
 
 Mr. Tracy presents other points as to the effect of laying the tubes 
 on sewerage, but these will suflSce. He also presents equally strong 
 objections, in detail, as to the water-mains and pipes and the conse- 
 quences to them. He concludes his report as follows : 
 
 " I give it as my opinion, as an engineer, that the plan of building 
 the pneumatic tube, as proposed by the bill, is impracticable, as well 
 as detrimental to the interests of the city, and without a fair pros- 
 pect of overcoming the problem of quick transit from one end of the 
 island to the other. 
 
 " The work of construction will necessarily be slow, for where 
 rock is not encountered, the subsoil will be so treacherous as to call 
 for great skill, care and expense in constructing the tube, and the 
 buildings along the route, especially on Broadway, will be endan- 
 gered. The streets will be rendered impassable for montb»^ not 
 only in laying the new gas and water-mains and rebuilding the 
 sewers, but in the construction of the tube itself, and this blocking 
 of the streets will not only take place in the principal thoroughfare, 
 but in .the streets far distant on either side, where sewers will have 
 to be changed. Sufficient space will not be left on Broadway in 
 which to lay and maintain the gas and water-pipes, and where they 
 are laid in the narrow places, between the tube and the vaults^ they 
 would be likely to be broken by the jar of the locomotives passing 
 through the tube ; thereby causing an inconvenience from the 
 stoppage of water, as well as the liability of the tube itself being 
 broken through by the action of the water pressure. The buildings 
 on Broadway will be left witWut proper drainage, it being entirely 
 impracticable to build sewers in the streets between the tube and 
 the vaults. 
 
 " The travel will have to be suspended upon the railroads oomimg 
 into the Fourth avenue while the work is progressing in that portion 
 of the city. If the ventilators open into the street, as the bill con- 
 templates, they will obstruct ike street and fill it with noxious and 
 poisonous gas." 
 
 It is with regr&t that I am compelled to withhold my approval from 
 any measure which proposes to furnish additional facilities of passen- 
 ger transit for the people ef the city of New ¥ork. I realize fully 
 the great necessity which existsi in that city for such facilities, and 
 I am aware of the earnest feeling which prevails among the people 
 th^re, and espeeially among those, who reside or own property in the 
 
Messages op Gov. Hoffman. 229 
 
 npper section of the Metropolis, in favor of the adoption of some 
 feasible plan ; but the necessity and the desire for rapid transit 
 should not be permitted to overshadow or overcome the fair consi- 
 deration of the question as to whether a particular scheme presented 
 is a just, wise and defensible one to accomplish the object sought. 
 I cannot allow myself to be swayed from the conscientious examina- 
 tion of any bill, on its merits, simply because the object proposed is in 
 harmony with the desires of the^ people, nor am I influenced to de- 
 cide against any bill of this character merely because it proposes to 
 trench on Broadway, or on any other great thoroughfare, or interfere 
 with the prejudices or inclinations of the owners of property on par- 
 ticular streets. Every citizen must yield his preferences and con- 
 tribute his share of sacrifice to the public good, and great public 
 objects must, at times of necessity, be attained at the serious cost of 
 individual interests and the surrender of individual opinions. But 
 this necessity has its limits, and the measure under consideration is, 
 in my judgment, one of aggression against public interests and would 
 inflict injury on the business and welfare of our great metropolis 
 which could not be estimated or repaired ; while, at the same time, 
 it could not accomplish any benefit to the public at large. Broad- 
 way, while it is the great highway of travel and the centre of busi- 
 ness to the people of the city, is, at the same time, the object of 
 pride and admiration of the State and country. Its greatness and 
 its influence do not belong alone to the individuals who,, by their 
 enterprise, public spia?it and liberality, have made it what it is, but 
 to the whole people, and any scheme which, however specious or 
 popular the pretext, isi plainly calculated to destroy it should, and 
 will, meet with general public reprobatian. 
 
 JOHN T. HOFFMAN. 
 
 State or New Yoek, Executive Chamber, ) 
 AhBAJHY, April i, 1871. j 
 
 Tq the Senate : 
 
 I return, not approved. Senate bill, printed No.. 107, entitled 
 " An Act to enlarge the boundaries of the city of Auburn." 
 
 The bill, among other things, adds to the present territory of the 
 city of Auburn, a portion of the town of Sennett,, in the county of 
 
230 Messages op Gov. Hoffman. 
 
 Cayuga, consisting of about six hundred, acres, upon which only 
 eleven freeholders reside. Nine of the eleven (who together own a 
 majority in acres of the territory proposed to be annexed) remon- 
 strate against the bill for the reason, among other things, that the 
 lands within the area are farming lands ; that there is no necessity 
 for extending over them a municipal government j that the city of 
 Auburn has a debt of over half a million of dollars, in addition to 
 the one hundred thousand dollars mentioned in the bill, with the 
 contracting of which the rural district had nothing to do ; and that 
 the bill makes no provision for exempting the new territory, when 
 annexed, from the lien of that debt. It seems to be clear that this 
 remonstrance should be heeded, and I trust that the bill will not be 
 permitted to become a law. 
 
 JOHN T. HOFFMAN. 
 
 Executive Chambee, \ 
 Albany, ^pri/ 4, 1871. j 
 To THE Assembly : 
 
 I return, not approved, Assembly bill, printed No. 443, entitled 
 " An Act to incorporate the Knickerbocker Loan and Trust Company 
 of the city of New York." 
 
 There are, I am aware, upon the statute books of the State, several 
 acts incorporating loan and indemnity, trust and other companies, 
 with powers and privileges, such as individual citizens are not per- 
 mitted by law to possess or exercise, and I have noticed, with regret, 
 the introduction of severaj bills, during the present session, which 
 are even more extraordinary in their provisions than any which have 
 been enacted in former years. The incorporation of companies for 
 any single object, not forbidden by law, and in accordance with 
 public policy, is well enough, but I respectfully submit that it is 
 against public policy, to confer upon any company the power and 
 privileges granted by the bill herewith returned. 
 
 An examination of its provisions will show, that under the title of 
 an act to incorporate a loan and trust company, it establishes and 
 permits the following, among other things : 
 
 First. A company with power to do a general mercantile as well 
 as real estate business under the words " shall have power to grant, 
 bargain, sell, buy or receive, all kinds of property, real, personal and 
 mixed, and to hold the same in trust." 
 
Messages of Gov. Hoffman. 231 
 
 Second. A guaranty and indemnity company, under the words, 
 " shall have power to guaranty the payment, purchase, performance 
 and collection of promissory notes, bills of exchange, contracts, &c., » 
 &c., as well as the title to property, real and personal. 
 
 Third. A storage and warehousing company (under words broad 
 enough even to give to it, also, the privilege of a bank of deposit 
 and discount), viz. : " To receive, upon storage, or deposit, or other- 
 wise, merchandise, bullion, specie, plate, stocks, bonds, promissory 
 notes, certificates and evidences of debt, contracts or ' other pro- 
 perty ;' and to take the management, custody and charge of real and 
 personal estate and property, and to advance moneys, securities and 
 credits, &c., &c. 
 
 Fourth. A trust company, under the general language of the 
 whole act. 
 
 Fifth. And while the act provides that the rate of interest charged 
 shall not exceed seven per cent per annum, the company is author- 
 ized to charge such commissions upon " advances, (that is, loans) 
 of moneys, as the directors may establish and approve." 
 
 Section two fixes the capital of the company at $1,000,000, with 
 power to increase the sum, indefinitely, in the manner provided by 
 certain sections of the general act authorizing the formation of 
 corporations for manufacturing, mining, mechanical or chemical 
 purposes. 
 
 I respectfully submit that this bill should not be permitted to be- 
 come a law. 
 
 My attention has been called to the fact that, at the last session, I 
 approved a bill, the provisions of which were similar to those now 
 objected to. It was an error on my part, committed through inad- 
 vertence, and perhaps inexcusable. It would certainly be inexcus- 
 able to repeat it. The public interests demand that such legislation 
 should be stopped, whatever precedents there may be for it. 
 
 JOHN T. HOFFMAN. 
 
 State gi" New York, Executive Chamber, 1 
 Albany, April 4, 1871. j 
 
 To THE Senate : 
 
 I return, not approved. Senate bill, printed, No. 224, entitled 
 " An Act for the relief of Simon De Graff, James Conway and George 
 
232 Messages of Gov. Hoffmait. 
 
 W. Phelps, and to authorize the board of supervisors of the county 
 of LiTiagston to audit and allow the claims of Simon De Graff, 
 James Conway and George W. Phelps, for constructing and repair^ 
 ing a bridge over the Genesee river in the county of Livingston, and 
 to levy a tax for the amount allowed." 
 
 The bill provides that a special meeting of the board of supervisors 
 of the county of Livingston shall be held, within thirty days, for tho 
 purpose of adjusting and auditing the claims of the persons named 
 therein for constructing and repairing a bridge over the Genesee 
 river between the towns of Geneseo and Leicester, in said county, 
 and authorizes and requires the supervisors to adjust and audit, the 
 claims mentioned. They are further required, at the regular session 
 of the board, for the year 1871, to " levy and collect the amount 
 audited upon the towns of Geneseo and Leicester, or, in the discre- 
 tion of the supervisors, upon the county of Livingston." 
 
 It is said that a dispute has arisen about the construction of the 
 bridge, and the contract therefor and the payments on account of it, 
 and that this bill is intended to dispose of the same and of the ques- 
 tions in litigation. I do not think ^that fact affords any reason for 
 the bill becoming a law. Boards of supervisors are clothed with 
 ample powers, under the general laws of the State, in the matter of 
 constructing bridges, levying and collecting the expense thereof, and 
 auditing and adjusting claims against the county. If there was any 
 doubt of their power in this particular case, the Legislature might 
 properly confer upon them special authority to adjust the claims 
 mentioned in this bill, but to undertake to do more, as this bill pro- 
 poses, — to require the supervisors to adjust and audit the claims, is, 
 in my judgment, an impolitic and unwise interference with the gen- 
 eral discretionary powers of boards of supervisors ; in other words, 
 it is wrong to compel the supervisors of the county, by special act, 
 to hold a special meeting to consider particular claims, and to require 
 the supervisors to adjust and audit them, The matter of auditing 
 and adjusting claims should be left where the general laws leave it, 
 to " the discretion of the supervisors," at their regular meetings, or 
 at special meetings, which may be called at any time by a majority 
 of ihe board, 
 
 JOHN T. HOFFMAN. 
 
Messages of Gov. Hoffman. 233 
 
 Executive Chamber, ) . 
 Albany, April 6, 1871. j 
 To THE Assembly : 
 
 I return, not approved, Assembly bill, printed number 226, en- 
 titled " An Act to incorporate the Idlewild Temperance Association 
 of Cornwall." 
 
 This society may be organized under the general laws which pro- 
 vide for the incorporation of societies for " social," " temperance" 
 and other purposes. 
 
 JOHN T. HOFFMAN. 
 
 Executive Chamber, ) 
 
 Albany, April 6, 1871 
 To THE Assembly : 
 
 I return, not approved, Assembly bill, printed number 240, en- 
 titled " An Act to provide for making new indices of deeds and 
 mortgages recorded in the county of Queens." 
 
 This bill authorizes the county clerk to make new indices of deeds 
 and mortgages, and fixes the compensation to be paid. By section 
 7, chapter 855, Laws of 1869, the board of supervisors has full 
 power to ordei; and direct the performance of this work and to de- 
 termine the amount to be paid therefor, which in no case shall ex- 
 ceed a sum to be certified by the county court as reasonable. This 
 special bill is, therefore, unnecessary. 
 
 JOHN T. HOFFMAN. 
 
 State of New York, Executive Chamber, } 
 Albany, Aj>ril 7, 1871. j 
 To THE Senate : 
 
 I return, not approved. Senate bill, printed No. 225, entitled 
 "An Act to amend an act entitled ' An act to^incorporate the Cen- 
 tral Savings Bank'of the city of New York,', passed May 1, 1869, 
 amended May 5, 1870. 
 30 
 
284 Messages of Gov. Hoffman. 
 
 The bill extends the time for the organization of the bank one 
 year, and re-enacts and continues in force the act of 1870, The 
 amendment of 1870 was not May 5th, as specified in the title, but 
 May 6th, so that there is an error in the title of the bill. 
 
 It appears that this bank was chartered in 1869, and that up to 
 th's time, it has failed to perfect its organization and to commence 
 business. There would seem to be no gpod reason for reviving a 
 charter of which, up to this date, the incorporators have neglected 
 to avail themselves. If, however, the original act was unobjection- 
 able,'! should make no opposition to its revival. I find, however, 
 on careful examination, that it is objectionable. The sixth section 
 authorizes investment in village bonds, but does not limit the amount 
 of such investment. The limit should be not more than ten per 
 cent, of the assets of the bank. 
 
 It authorizes loans " on unencumbered real estate," it should be 
 on " unencumbered, improved and productive real estate." It does 
 not declare whether such loans shall be made on real estate, exclu- 
 sive of buildings therepn, If it was intended to include buildings 
 in the valuation, provision should have been made for their insurance, 
 and for tjie assignment pf the insurance policy to the bank, 
 
 It prescribes no limit to the amount which may be loaned on 
 bond and mortgage. It is usual, in well-drawn charters, to fix such 
 limit at not more than forty or fifty per cent, pf the assets of the 
 bank. That limitation I consider 9. proper one. 
 
 It provides for the accumulation of a surplus of twenty per cent. 
 This is larger than has been recommended by the Bank Department; 
 ten per cent, is deemed sufficient, 
 
 The seventh section authorises deposit of the funds of the bank 
 in any incorporated bank, or trust company, or natiojial bank, in the 
 city of New York, but does not limit the amount that may be de- 
 posited. It is usual to provide that the sum so kept on deposit, in 
 any one bank or trust company, shall not exceed twenty per cent of 
 the capital of such bank or trust company. And, also, that it shall 
 not exceed ten per cent, of the whole amount of deposits with the 
 savings \mrik making tbe deposit. 
 
 The large number af bills incorporating savings banks, and the 
 seeming disposition to depart from well-established rules relating to 
 their org^aizatian, a strict a,dherence to wWeh is essential to the 
 maintenange of their credit, induces me to call attention to these 
 objection?, and to express the hope that the Legislature will sustain 
 them. 
 
 JOHN T. HOFFMAN. 
 
Messages of Gov. Hoffman. 2'3'5 
 
 ExECIJTIVE OaAMBEB, ) 
 
 Albany, AprU 7, 1^71 } 
 
 To THE ASSEMBRT ^ 
 
 I teWfil, flbt appi'oVed, Assembly bill, pi^irited riunSbe*' 398, en- 
 titled " All Act to levy t ta± upo'n the town of Sopfcintoii, in thid 
 cduaif of St. La'wrence, to paiy' A, debt iiiciirted in building a; towii 
 hall' ill' said town." 
 
 The gener'il Ikws of the Stoe #6lktite to the attditiiig'df da^th'S o^ 
 tbwn officfSrs and othet p^fsbiis agidnsli ttsMnt, 4iid' the faisiifg of ne- 
 cessai'y sUiiiS, by tax, tff defray the- sanie, ire ^uflStJietit to Accomplish 
 the purpdSeS pfO^posed by this bill. The bill is, thSfefo're/, tnlnedes- 
 sa*y spedail leglslaflott. 
 
 JOHN T. HOF^ltfAN. 
 
 Executive Chambee, 1 
 Albany, April 7, 1871. ) 
 
 To THE Assembly : 
 
 I return, not approved, Assembly bill, printed number 290, en- 
 titled " An Act to incorporate the Grleneida Savings Bank." 
 
 The bill does not conform to the usual requirements contained in 
 well-considered charters of savings banks. It authorizes loans on 
 bonds and mortgages on unencumbered real estate, but fixes no limit 
 to t&e amount that may be so loaned. This should not exceed forty 
 or fifty per cent, of the assets. It does not preseiribe that the pro- 
 perty on which such loans may be made shall be worth double the 
 amount, exclusive of buildings thereon. It does not provide that if 
 buildings are included in the valuation, insurance should be eflfected' 
 thereon, and the policy of insurance assigned to the bank. It uses 
 the words " unencumbered real estate " instead of " unencumbered, 
 improved and productive real estate." It fixes no limit to tlie 
 amount that may be deposited in any one bank or trust company. 
 The amount so deposited should not exceed twenty per cent;, of the 
 capital of such bank or trust company, nor should it exceed ten per 
 cent, of the whole amount of deposits of such savings banks. In the 
 
236 Messages oe Gov. Hoffman. 
 
 seventh section, the word " condition " is used instead of " consti- 
 tution." 
 
 I respectfully call the attention of the Assembly to the fact that, 
 in 1868, an act was passed to regulate and restrict the organization 
 of sayings banks, the provisions of which were well calculated to 
 guard against the granting of improvident and ill-considered char- 
 ters. This act has been generally ignored or overlooked by the 
 Legislature. Several bills have been passed, during the present 
 session, without any attention having been paid to its requirements. 
 In almost every case the bills have been loosely drawn, and it has 
 been found necessary to recall them for amendment. I notice, by 
 the legislative proceedings, that a large number of bills for the in- 
 corporation of savings banks are now under consideration. I re- 
 spectfully urge the importance of adhering to the provisions of the 
 law of 1869. The tendency is toward the unnecessary multiplication 
 of such institutions. They are the depositories of the savings of the 
 people, who look to them as secure places for the safe-keeping of 
 their earnings, and it is, in the highest degree, important that every 
 precaution should be taken to guard them against the liability to 
 loss, and to preserve their credit unimpaired. 
 
 JOHN T. HOFFMAN. 
 
 Executive Chamber, ) 
 Albany, Ap-U 12, 1871. J 
 To THE Assembly : 
 
 I return, without approval, Assembly bill, printed No. 476, en- 
 titled " An Act to incorporate the New York Real Estate Banking 
 Company." It is objectionable for the following, among other 
 reasons : 
 
 First. It provides that the principal place of business shall be in 
 the city of New York, but does not confine it to that city. 
 
 Second. The sixth section confers upon the company, banking 
 powers in derogation of the statutes of this State relating to banking. 
 
 Third. The capital fixed is below the limit prescribed for banking 
 associations. 
 
Messages of Gov. Hoffman. 237 
 
 Fourth. No limitation or restriction is imposed upon investments, 
 and the company is not made subject to the supervision of the Bank 
 Department. 
 
 Fifth. Article 8, section 4, of the Constitution, prohibits the 
 granting of any special charter for banking purposes, and yet this 
 bill, in substance, proposes the incorporation of a bank without the 
 usual restrictions and with unusual privileges. 
 
 JOHN T. HOFFMAN. 
 
 State of New York, Executive Chamber, ) 
 Albany, April 14, 1871. J 
 
 To THE Senate : 
 
 I return, without approval, Senate bill, printed, No. 364, entitled 
 " An Act to empower the town of Wellsville to levy a tax ibr build- 
 ing a bridge across the Genesee river." 
 
 This bill is wholly unnecessary. Under the general laws of the 
 State, the board of supervisors of the county has full power to pro- 
 vide for the building of this bridge, and to apportion the expense 
 thereof as may be just. (See Bevised Statutes relating to the powers 
 of supervisors, and chapter 855, Laws of 1869.) \ 
 
 It is far better to leave such matters to the local authorities, than 
 to provide for them by special enactments. 
 
 JOHN T. HOFFMAN. 
 
 State op New York, Exeotttive Chamber, 1 
 Albany, April 14, 1871. j 
 To THE Senate : 
 
 I return, not approved, Senate bill, printed, No. 82, entitled " An 
 Act for the relief of Ferdinand Frantz." 
 
 The bill requires the Canal Board to hear and determine the 
 claim for damages sustained in the loss of the canal boat " Major 
 
238 Messages oi" Gov. Hofi'man. 
 
 Aaderson," caused by the breaking of a weigh lock on the Erie 
 canal, in September, 1870 ; and if the facta proved shall be- such as 
 would establish a legal or equitable liability against the State, in 
 case the State was an individual or a corporation), the board is 
 dLnected to award to the claimant suich sum as he shall be entitled to. 
 
 Regarding this as the pioneer bill of a class which, it seems tO" 
 me, should not meet with favor from the Legislature, I feel it mji 
 duty to state objections to it, which, it will be understood, are of 
 general application and will be interposed to every bill of a like 
 character. 
 
 The claim is based upon the theory that the State is the insurer 
 of the property of all persons engaged in navigating the canals, and 
 is bound to pay them whatever damages may be sustained by reason 
 of obstructions in the canal, accidents in locks, or remissness or in- 
 attention or official, misoouduct on oegyect on the part of the officers 
 of the State. 
 
 The claim that the State is an insurer is not a new 0tte> bnt it was 
 promptly met and answered by the Legislature in 1847, since which 
 time,, I believe, it has not, until recently,, been revived. In the 
 proceedings of the Senate of 1847, appear two reports from the 
 judiciary committee, numbered, respectively, 142 and 150, to which 
 I respectfully ask your attention. The first of these reports was 
 upon the petition, of common carriers engaged upon the canals of the 
 State asking, for the passage of a general law recognizing a liability, 
 of the State for loss and damage to canal boats and cargoes caused 
 by obstructions in the canals, or remissness or inattention on the part 
 of the State or its officers, and for the appointment of commissioners, 
 to examine and pass upon claims. The committee reported against 
 the petition, repndiiating the idea that the State was to be considered 
 an insurer, and, among other things, said as follows : 
 
 " Many millions of dollars have been, and many more will be, ex- 
 pended in the construction, enlargement, completion, superintend- 
 ence and repair of our public canals. It is believed that they afford 
 means and facilities for transportation as safe and useful as any other 
 now in existence, and there is no class of citizens more interested in 
 or benefited by their use than the common carriers upon them. 
 They ought, therefore, in the opinion of your committee, to be will- 
 ing to meet and bear the ordinary hazard incident to their business. 
 These years of experience have clearly shown, and are doubtless 
 taken into account in fixing the measure of compensation for the 
 service rendered. This compensation, including, such hazards, is 
 
Messages op Gov. Hoffman. 239 
 
 .paid by those who send their property on the canals, so that the 
 owners of such property, in a great measure, become the mutual 
 insurers of each other, and pay their premium in the price of trans- 
 portation. 
 
 This report, having been sustained, a special bill was afterward 
 introduced to provide for the appraisal ofdaraages sustained by the 
 owners for the loss of a canal boat and cargo by reason of an ob- 
 struction in the canal. Upon this claim, the committee reported 
 adversely, for the same reasons given in their report against the 
 proposed general law for the appraisal of damages, and, among other 
 things, said as follows : 
 
 '* The State has discharged a great duty in constructing its public 
 canals, and the benefits thereof are manifest and universal, blessing 
 not only our own citizens but those of other States and nations, and 
 its watchful attentions and liberal expenditures guaranty a continu- 
 ance of these blessings. It has not hitherto assumed, and it is not 
 believed by your committee that it would be wise to assume the re- 
 sponsibility of answering for all damages and losses which may arise 
 from the failure of its officers and agents to discharge their public 
 duties with care, skill and fidelity. It is believed to be far wiser 
 policy to leave parties to their appropriate remedies against these 
 officers and agents for redress, and when no such remedy exists to 
 l«ave them to bear such loss as may accidently fall upon them by the 
 voluntary use of our canals for their own private emolument. Let 
 the State assume these responsibilities and no bounds could be set 
 to the numerous frauds and impositions which would be practised 
 upon them. It would find itself unable to detect and expose them. 
 The same strong reasons which cast the responsibility upon common 
 carriers should deter the State from its assumption of the same ; 
 impossibility to show the truth of the case would be found to exist 
 with the State, as with the owners of property lost or destroyed." 
 
 I have quoted at length from these reports, both of which were 
 presented by the Hon. Joshua A. Spencer — distinguished in the 
 history of this State ^- because they declare so concisely and so 
 pointedly sound doctrine in relation to these claims. Swarms of 
 claim bills press upon the attention of the Legislature, some of which 
 are like the one herewith returned, others of a class equally objec- 
 tionable. They threaten serious inroads upon the treasury, and, by 
 their magnitude and the pertinacity with which they are pressed, 
 create in the minds of the people a prejudice even against the canals. 
 
240 Messages of Gov. Hoffman. 
 
 in the maintenance and honest management of which the whole State 
 is so deeply interested. 
 I enter my earnest protest against them. 
 
 JOHN T. HOFFMAN. 
 
 State op New Yoek, Executive Chamber, ) 
 Albany, April 15, 1871. ) 
 
 To The Senate : 
 
 I return not approved, Senate bill, not printed, entitled " An Act 
 to repair and improve the road from Carthage, in Jefferson county, 
 to Lake Champlain, in the county of Essex." 
 
 By the first section, two commissioners are appointed " for the 
 purpbse of completing the road, authorized by the act" passed April 
 14, 1841, with power to lay a " tax upon the same district of country 
 as they were under the said act." 
 
 By a reference to the act of 1841, it appears that three commis- 
 sioners were appointed " to lay out and construct" this road, and the 
 powers of commissioners of highways under the act of April 24th, 
 1835, and of overseers of highways under section 47, title 1, chapter 
 16, article 3, part 1 of the Revised Statutes, were conferred upon 
 them for three years. 
 
 It is now some twenty-six years gince the expiration of their powers 
 and duties, during which time it must be presumed the road has 
 been kept up under the general laws for the maintenance of high- 
 ways, and it is not a little singular, that, after this lapse of time, a 
 special act should be deemed necessary. 
 
 But there are graver objections to the proposed law. Under the 
 act of 1841, the commissioners were to make out a tax upon the 
 lands affected, and if the owner, or his agent, did not appear and 
 pay the same, within a specified time, the commissioners were to 
 cause a copy of the same to be laid before the boards of supervisors 
 of the several counties affected by said tax, who should " thereupon 
 levy and direct to be collected, in the usual manner, the amount re- 
 turned to them by said commissioners," &o. 
 
 By this act, the commissioners (on whom the powers of commis- 
 sioners and overseers of highways are not conferred, as under the 
 act of 1841), are to lay a tax — for which no time or place of pay- 
 
Messages of Gov. Hoffman. 241 
 
 ment is specified — and when completed, send a copy of the same 
 to the Comptroller, who shall cause said tax to be entered upon the 
 books of his office, in the same manner as are the non-resident taxes,^ 
 returned to his office by the treasurers of the several counties of 
 the State. 
 
 The counties of Herkimer, Hamilton, and Essex, are afFected by 
 this act ; and yet, their county organizations are ignored, and a tax 
 is laid by commissioners (whose powers are at least of doubtful ex- 
 tent), and levied by their respective boards of supervisors. 
 
 So radical a departure from our system, which recognizes the 
 county through its board of supervisors, as the sole instrumentality 
 for levying taxes and returning those unpaid to the Comptroller, 
 should not be allowed, except for sufficient cause. The existence 
 of such cause is not to be presumed, in passing upon acts for com- 
 pleting a work which was begun under a statute in harmony with 
 the system, passed nearly thirty years since, and which work has 
 been maintained under general laws for more than quarter of a cen- 
 tury. 
 
 Nor does the act seem to be properly guarded in other respects. 
 By section 3, it is provided that, " as early as the 1st day of July in 
 each year, after said return shall have been made, as above provided , 
 the Comptroller shall pay, upon the draft of the said commissioners, 
 such sum as they shall certify has been expended by them at that 
 date, and also such further sum, as in their opinion will be necessary 
 to expend, in the repair and construction of said road, previous to 
 the 1st day of January after such draft shall be made." 
 
 Here is bo limitation to the amount of the tax laid by the com- 
 missioners. 
 
 Again : the act of 1841 made it obligatory on the commissioners 
 to give security for the faithful discharge of their duties ; the pro- 
 posed act imposes no such obligation. 
 
 JOHN T. HOFFMAN. 
 
 State op New York, Executive Chamber, ) 
 Albany, April 15, 1871. j 
 To THE Senate : 
 
 I return, without approval, Senate bill, printed No. 424, entitled 
 "An Act to authorize the employment- of stenographers in the 
 Surrogates' courts of the Second and Third judicial Districts." 
 31 
 
242 Messages of Gov. Hoffman. 
 
 This bill provides for the appointment of stenographers in the 
 surrogates' courts, and establishes the fees to be paid for each day's 
 attendance, for mileage, stationery, and copying testimony, all of 
 which it declares shall be a charge against the several estates in the 
 business of which the stenographers shall be employed. 
 
 If the business of any of the surrogates' courts, within the second 
 and third judicial departments (not " districts " as named in this 
 bill), is such as to render the employment of stenographers necessary, 
 they should be appointed, I am inclined to think, as are clerks and 
 other employes, by authority of the board of supervisors, and the 
 expenses of such employment should be, as in other cases, a county 
 charge. There is, T regpectfuUy submit, no propriety in making 
 the employment and compensation of stenographers an exception to 
 the general rule. 
 
 If it is proper to provide for the appointment of stenographers by 
 surrogates at the expense of the estates of deceased parties, as con- 
 templated by this bill, the provision should be general — applicable 
 to the whole State, and not limited to any particular "judicial de- 
 partment." 
 
 I respectfully call the attention of the Senate to the fact that 
 Assembly bill, printed number 667, which provides for the appoint- 
 ment of stenographers by surrrogates in all the counties of the State, 
 who shall be paid a reasonable compensation, to be certified by the 
 surrogate as part of the costs of the proceedings, has passed both 
 Houses of the Legislature and is now before me for consideration. 
 
 JOHN T. HOfFMAN. 
 
 Executive Chamber, ) 
 Albany, April 17, 1871. ) 
 
 To THE Assembly : 
 
 I return, not approved. Assembly bill, printed No. 557, entitled 
 " An Act to authorize the commissioners of highways of the town 
 of Lowville to borrow money on the credit of said town." 
 
 It authorizes the commissioners of highways to borrow, not to ex- 
 ceed two thousand dollars, for the purpose of building and repairing 
 bridges and roads, and to give their notes for the amount borrowed, 
 to be paid out of moneys to be raised by tax. 
 
Messages of Gov. Hoffman. 243 
 
 It is an unnecessary special bill. The general law of the State 
 (see chapter 855j Laws of 1859) provides that the board of supervi- 
 sors of any county may authorize certain town ofScers to borrow, oi^ 
 the credit of the town, such sums as may be necessary to build or 
 repair roads and bridges. 
 
 If it is urged that a necessity has arisen since the regular meeting 
 of the board of supervisors to raise money for the purpose mentioned; 
 then the local officers have full power, under chapter 103 of the Laws 
 of 1858, to do the necessary work^ and when the expense shall be 
 audited by the board of town auditors, the supervisor and town clerk 
 are authorized to issue an interest-bearing certificate setting forth 
 the amount audited and allowed, and in whose favor; andsuch amouut^ 
 with interest, can be levied and collected in the same manner as other 
 town expenses. 
 
 JOIPNT. HOFFMAN. 
 
 Executive Chamber, ) 
 Albany, April 17, 1871; j 
 To THE Assembly ; 
 
 I return, not approved. Assembly bill printed No. 105, entitled 
 " An Act to amend the charter of the Mutual Fire Insurance Com- 
 pany." 
 
 This company is located in the city of New York. Under the 
 general laws of this State relating to insurance companies, no joint 
 stock company can transact business with a smaller capital than 
 $150,000; and no mutual insurance company can transact business 
 until agreements have been entered into for insurance with at least 
 four hundred applicants, the premiums on which shall amount to 
 no less than $200,000, of which $40,000 shall have been paid in 
 cash, and notes of solvent parties founded on actual and hona fide 
 applications for insurance shall have been received for the remain- 
 ing $160,000. 
 
 A bill was passed at the last session of the Ijegislature, changing 
 the name of the " Insurer's Own Mre Insurance Company " to the 
 " Mutual Fire Insurance Company," and authorizing it, in lieu of 
 the notes and agreement of insurance required of mutual companies 
 under the general law, to receive subscriptions payable in cash and 
 
244 Messages of Gov. Hoffman. 
 
 give therefor interest bearing receipts, and to commence business on 
 a mutual plan as soon as the subscriptions reached the sum of 
 $200,000 ; thus enabling this company to do a mutual insurance 
 business on a different basis from other mutual companies. It was of 
 doubtful propriety, but had the sanction of the Superintendent of 
 Insurance. 
 
 The bill herewith returned excepts this mutual fire insurance 
 company still further from the operations of the general law, by per- 
 mitting it to do business whenever $100,000, instead of $200,000, 
 shall have been subscribed and paid in cash. 
 
 It may be expedient to amend the general law of the State in re- 
 gard to mutual companies. It seems to me, however, unwise to give 
 to any one of them the special privileges conferred by this bill. 
 The laws relating to their organization and management should be 
 uniform . , 
 
 JOHN T. HOFFMAN. 
 
 To THE Senate : 
 
 State of New York, Executive Chambeb, "I 
 Albany, April 18, 1871. J 
 
 I return, not approved. Senate bill, printed 104, entitled "An Act 
 to incorporate the South Hill Water-works Company in the village 
 of Ithaca, Tompkins county." 
 
 The bill creates a private corporation for the purpose of supplying 
 a part of the village of Ithaca with pure and wholesome water, and 
 authorizes the corporation to enter upon and take land and water, 
 being private property, against the consent of the owners, by the 
 exercise of what is called the right of eminent domain, upon the 
 theory that it is taken for a public use, while, in fact, it is taken to 
 enable a private company to sell water to the public for private gain. 
 It contains, in substance, the same provisions as Assembly bill No. 
 18, incorporating the Little Valley Water-works Company, which 
 was returned by me to the Assembly, not approved, March 23, 1871, 
 with a message, in which I presented the following views, after 
 having received the opinion of the Attorney-General of the State : 
 
 " There are great doubts about the constitutionality of the bill. 
 The right of the Legislature to confer upon cities and villages the 
 power of constructing water-works for the use of the public, and to 
 
Messages oi Gov. Hoffman. '245 
 
 delegate to them the right of eminent domain, by which they are 
 enabled to obtain the title to private property for public use, is in- 
 disputable, and, as a general rule, such works have been constructed 
 in this State by or under the direction of municipal authorities, but 
 care must be taken to discriminate between power delegated to, or 
 conferred upon, municipal corporations, and similar powers sought to 
 be conferred upon individuals or private corporations. If the Legis- 
 lature can authorize a private corporation to acquire title to lands 
 and property for such purposes, against the consent of the owners, 
 it can authorize an individual to do the same. I cannot learn that 
 the courts have ever decided that the Legislature could confer upon 
 any individual or association of individuals the right to take any 
 private property, against the owner's consent, for the purpose of 
 enabling the individual or association to sell to the public any 
 article, even pure and wholesome water, for private gain. As the 
 spirit and intention of this bill seems to be, to authorize this corpora- 
 tion to possess itself, by compulsory proceedings, of waters, streams 
 and springs in the locality named, and to hold the water for sale for 
 the private profit of the corporators, dictating their own terms as to 
 prices, it is difficult to distinguish the enterprize from others entered 
 upon by incorporations formed under general laws, or by individuals, 
 for developing mines and quarries, or engaging in any manufacturing 
 or mechanical pursuit, under laws none of which confer the power 
 to take, by compulsion, private property for these business purposes." 
 These views appear to have met the approval of the Legislature, 
 for, since they were submitted to the Assembly, several bills have 
 been amended and passed in accordance therewith. 
 
 JOHN T. HOFFMAN. 
 
 State of New York, Executive Chambek, ) 
 Albany, April 19, 1871. j 
 To THE Senate : 
 
 I return, not approved. Senate bill, printed No. 275, entitled 
 "An Act to incorporate the Fulton Savings Bank of the city of 
 New York." 
 
 My objections are : 
 
 1st. There is a discrepancy between the title of the act and_,the 
 first section, in the designation of the name of the bank. The former 
 
246 Messages op Gov. Hoffman. 
 
 describes it as the "Fulton Savings Bank of the city of New York," 
 the latter as the " Pulton Savings Bank." There is a savings bank 
 in the county of Oswego known as the " Fulton Savings Bank," and 
 this similarity of names might lead to embarrassment. 
 
 2d The sixth section authorizes loans "on unencumbered, pro- 
 ductive real estate ■" it should provide that such loans may be made 
 on "improved, unencumbered and productive real estate, situate 
 within this State." 
 
 3d, The bill does not specify whether buildings are to be included 
 in valuation upon which loans may be made. If they are included, 
 provision should be made for their insurance and for the assignment 
 of the insurance policy to the bank. 
 
 4th. No limit is prescribed to the amount that may be loaned on 
 bond and mortgage. It should not exceed forty or fifty per cent of 
 the assets of the corporation. 
 
 5th. The bill authorizes an available fund equal to one-third of 
 the total amount of deposits. Twenty per cent, is a proper limit. 
 
 6th. The bill authorizes temporary deposits in any of the incor- 
 porated banks or banking associations in the city of New York, but 
 does not limit the amount that may be deposited with any one of 
 them. It is usual and judicious to restrict such deposits to not 
 exceeding twenty per cent, of the capital of the savings bank, and 
 not exceeding twenty-'five thousand dollars or ten per cent, of the 
 whole amount of deposit with the savings bank. 
 
 7 th. There is no provision for the accumulation of a surplus. 
 
 JOHN T. HOFFMAN. 
 
1871. 
 
 MEMORANDA OF OBJECTIONS 
 
 Mndorsed on Sundry Bills filed, after Adjournment of the Legis- 
 lature^ by the Governor ^ wiih the Secretary of State, not signed. 
 
 An Act in relation to the deposit of inanure in the city of New 
 York, 
 
 Not Approved — Board of Health should regulate this matter ; 
 they have power to do so. 
 
 An Act for recording of notices of pendency of action and certi- 
 ficates of satisfaction of mortgage on file in the county of Biohmond, 
 for the payment of the costs and expenses thereof, and of the books 
 and materials required for the same. 
 
 Not Approved — Board of snpemsors have full power. 
 
 An Act to incorporate the Staten Island North Side Bailroad 
 Company. 
 Not Approved — Should be organized under general railroad act. 
 
 An Act to incorporate the Harlem Hospital of the city of New 
 York. 
 
 Not Approved — Usual provision, subjecting the corpaiation to 
 general regulations of the Revised Statutes, is omitted. 
 
 An Act to amend an act entitled " An act to incorporate the 
 the Southern Tier Savings Bank of the city of Elmira,. Chemung 
 county," passed March 19, 1869. 
 
 Not Approved — Adds eight new trustees, by legislative ap- 
 pointment; present trustees, the institution being akeady organized, 
 protest against this addition to their number. 
 
 An Act for the better protection of health in the city of New 
 York. 
 
 Not Approved — Gives a monopoly in matters the regulation of 
 which pertains to the local authorities. 
 
248 Messages op Gov. Hoffman. 
 
 An Act relative to insane persons, lunatics, idiots and persons of 
 unsound mind in the city and county of New York. 
 
 Not Approved — provisions of bill limited to city of New York. 
 If its reforms be proper, they should extend over the whole State. 
 A better and wiser law will probably be framed after further agita- 
 tion of the subject. 
 
 An Act to provide for payment of a bounty to the representatives 
 of Kobert M. Ferris, deceased. 
 
 Not Approved — Directs a tax and orders payment of the pro- 
 ceeds to certain private persons without saying anything of the nature 
 of their claims, although the title of the bill speaks of it as a claim 
 for bounty. If it be a legal charge, the Legislature should not audit 
 accounts for the supervisors ; if illegal, they should not reverse the 
 action of supervisors in rejecting it. 
 
 An Act to provide for the construction of a bridge over the Erie 
 canal, in the city of Syracuse. 
 
 Not Approved — Chapter 767, Laws of 1870, appropriated 
 $10,000 for an iron bridge. This bill reappropriates and provides 
 for a swing bridge, to be a charge upon the State. The bill, when 
 introduced, provided that any excess over the $10,000 should be a 
 charge upon the city of Syracuse. As submitted to me, this pro- 
 vision is stricken out. I think it my duty to withhold my approval 
 from any more bills for construction of swing bridges to be main- 
 tained by the State, except when extraordinary circumstances demand 
 their establishment. 
 
 An Act to regulate the mode of writing for, and prescribing the 
 use of remedies for the treatment of diseases. 
 
 Not Approved — Seeks to regulate how prescriptions for medi- 
 cine shall be made out, with the view of avoiding mistakes. It is 
 better to leave this matter, as now, to the discretion and good judg- 
 ment of careful physicians and druggists. 
 
 An Act to prevent the spread of contagious diseases in the city 
 of New York, etc. 
 
 Not Approved — So much of this bill as is indicated in its title 
 is the same as Assembly bill approved April 27, 1871. 
 
 An Act to authorize Union Free School District No. 1, in the 
 town of Madrid, to borrow money, etc. 
 Not Approved — Unnecessary. General laws sufficient for the 
 
Messages, of Gov. Hoffman. 249 
 
 An Act to ineorpor^te the Immaowlate Cojioeptioa Total 4Vsti- 
 nence Beneficial Socjety pf Yonkers. 
 
 Not Appeovj^p — liTat properly pertified. The bill was returned 
 by me to the fjegislature for amendment, at their re<juest. The 
 amendments have been inserted ; but new certificates of its passage, 
 signed by the presiding officer of Senate and Assembly, since the 
 amendments were adopted, are not appended. 
 
 An Act to incorporate the Clarkson Cemetery. 
 Not Approved — There is a general law for incorporation of 
 rural cemeteries. 
 
 An Act to incorporate the United States Commission and Storage 
 Company. 
 
 Not Approved — Location of company not fixed by the bill, 
 nor is it subjected to the provisions of the Revised Statutes relative 
 to corporations. 
 
 An Act to authorize the commissioner of highways of the town 
 of Philipstown, in the county of Putman, to lay out and open a 
 highway, etc. 
 
 Not Approved — G-eneral laws sufficient. 
 
 An ^ct to incorporate the Expressman's Savings Bank in the 
 city of New York. 
 
 Not Approved — Charter objectionable by report pf Superin- 
 tendent of Banking Department. 
 
 An Act to authorize the town of Verona, in the county pf Oneida, 
 to elect an additional justice of the peace. 
 Not Approved — Additional justicg not needed. 
 
 An Act to provide for the regulating, grading, curbing, guttering 
 and flagging of certain streets in the city pf New York. 
 Not Approved — Local authorities have power. 
 
 An Act to incorporate the People's Mutual Benefit Association. 
 Not Approved — Is, in fact, a life insurance company, and 
 should be organized under and subjept to the general laws. 
 
 An Act to incorporate the Workingmen's Friendly Society of 
 America. 
 
 Not Approved — The ninth section organizes a Trust Company, 
 with the full powers of such an institution. No such purpose is in- 
 dicated by the title of the bill- 
 32 
 
250 Messages op Gov. Hopfman. 
 
 An Act to amend chapter 907 of the Laws of 1869, entitled " An 
 act to amend an act entitled an act to authorize the formation of 
 railroad corporations and to regulate the same," etc. 
 
 Not Approved — Eeopens all cases, even after final judgment. 
 
 An Act to authorize the appointment of a stenographer for the 
 county court and county sessions of Onondaga county. 
 Not Approved — Supervisors have power. 
 
 An Act to amend an act entitled " An act to incorporate the vil- 
 lage of Mohawk," passed April 16, 1844. 
 
 Not Approved — Second section deprives the legally elected 
 justices of the peace of their constitutional jurisdiction. 
 
 An Act to enable the American and Foreign Bible Society to 
 unite and consolidate with the American Baptist Publication Society. 
 
 Not Approved — The bill repealing the act of 1870 has been 
 approved. This bill, if passed into a law, would give rise to much 
 litigation. 
 
 An Act to extend the provisions of the act, chapter 113 of the 
 Laws of the year 1853, entitled " An act declaring Indian river a 
 public highway." 
 
 Not Approved — Language of the bill so careless that it ought 
 not to go upon the statute book. 
 
 An Act to provide for the construction of a bridge over Fall 
 creek where it is crossed by Steuben street, in the village of Havana, 
 county of Schuyler. 
 
 Not Approved — Under the reappropriation bill Canal Com- 
 missioner has already power to build this bridge. 
 
 An Act to amend chapter 92, Laws of 1869, entitled an act to pro- 
 vide for the compensation of members of the board of supervisors of 
 the county of Oneida. 
 
 Not Approved — Bill defective; does not describe properly the 
 law to be amended. 
 
 An Act to incorporate the Port Morris Warehouse and Elevator 
 Company. 
 
 Not Approved — Place of business not fixed. Seventh section 
 makes the company a guaranty and trust company, a purpose not 
 indicated by the title. 
 
 An Act for bonding the towns of Hunter and Jewett, in the 
 county of Greene. 
 
Mbssagbs op Gov. Hoffman. 251 
 
 Not Approved — Protested against by tax -payers of Jewett. 
 This town is represented to me as having already a bond debt of 
 $5,000j this bill authorizes a further debt of $40,000 ; the assessed^ 
 valuation of property in the town being only $52,000. 
 
 An Act to incorporate the National Book Exchange of the City of 
 New York. 
 
 Not Appeoved — Bill incorporates a book exchange ; but the 
 fourth section authorizes the company to deal in all kinds of per- 
 sonal and mixed property. 
 
 An Act to provide for improving a public highway in the towns of 
 Scarsdale and Greenburgh, in the county of Westchester. 
 
 Not Approved — Passed in last hours of the session, not printed, 
 so that tax-payers interested had no opportunity to know of it. 
 
 An Act to amend an act entitled " An act to incorporate the Fire 
 Proof Warehouse Company," passed May 9, 1868, etc. 
 
 Not Approved — Grants very extensive powers, and is in con- 
 flict with views I have heretofore expressed against similar bills. 
 
 An Act to incorporate the Metropolitan Nautical Institute of the 
 city of New York. 
 
 Not Approved — Corporation not made subject to the general 
 provisions of the Hevised Statutes. 
 
 An Act to amend an act entitled " An act to amend an act entitled 
 ' An act to reduce the number of town officers and town and county 
 expenses, and to prevent abuses in auditing town and county 
 accounts,' passed May 10, 1845," passed December 14, 1847. 
 
 Not Approved — Inaccurate as to number of the sections 
 amended. Makes an alteration of the law relative to opening high- 
 ways which is of doubtful propriety, enabling any one interested in 
 a proposed road or supposing himself interested, whether an owner 
 of land adjoining or not, to originate proceedings. 
 
 An Act to amend an act entitled " An act to incorporate the Pro- 
 tectives Number One of the City of Rochester," passed March 28, 
 1868. 
 
 Not Approved — Authorities of the city must have all necessary 
 power in matters proposed to be attended to by this corporation, to 
 wit : the extinguishing of fires and saving of property at fires. This 
 bill increases the capital of a company previously incorporated for 
 this purpose. I can see no necessity for a private corporation ha- 
 ving been created at all for such purposes. 
 
252 Messages oe Gov, Hoffman. 
 
 An Act to authorize town auditol-s to raise such Sums of money 
 as they may deem necessary to build and keep iti i'epair roads and 
 bridges;. 
 
 Not Approved — Powers conferred too absolute and too exten- 
 sive. No limit to their power of levying taxes; no control by the 
 board of supervisors. 
 
 An Act to incorporate the BayWood Land Improvement Company. 
 Not Approved — Company not made subject to the provisions 
 of the Bevised Statutes. 
 
 An Act to authorize the construction of gas-works and the ttianu- 
 facture and sale of gas for the purpose of lighting the village of 
 Grloversville, etc. 
 
 Not Approved — General laws suffice for the purpose. 
 
 An Act to lay out and construct a pttblio road or highway in the 
 town of Mount Pleasant, in Westchester county. 
 
 NoiT Approved — Passed at a late hour of the session, not hav- 
 ing been printed. Not asked for by citizens interested. 
 
 An Act to authorize the construction of a railroad in and through 
 certain streets in the village of Owego, Tioga county. State of New 
 York. 
 
 Not Approved — Passed at late hours of session ; not printed, 
 so that the parties interested had not proper notice. 
 
 An Act to incorporate Journeymen Pork Butchers Union Bene- 
 volent Society in the city of Mew York. 
 Not Approved — Can incorporate under the general law. 
 
 An Act to amend an act entitled " An act concerning certain 
 vagrants in the city of New York," passed April 17, 1867. 
 
 Not Approved — Bill, in fact, makes no amendment; the same 
 language is reenacted. 
 
 An Act to provide for laying out and opening and grading a pub- 
 lic highway in the town of Newtown, Queens county. 
 
 Not Approved — Local authorities have sufficient power to lay 
 out roads, except in extraordinary cases. Many parties interested 
 are strongly opposed, so that Legislature is not justified in interfer- 
 ing with the general course and operation of ordinary road laws. 
 
 An Act to authorize the commissioners of highways to widen and 
 straighten the church road leading from Port Richmond village to 
 New Springville. 
 
 Not Approved — Case provided for by general laws. 
 
Messages of Gov. Hoffman. 253 
 
 An Act in relation to compensation fot stenographic notes of 
 trials had in Court of Oyer and Terminer in and for the city and 
 county of New York. 
 
 Not Approved — The stenographers are employed at an annual 
 salary, and bound to perform the duties under the terms of their 
 present employment; if not, the county authorities have sufficient 
 power in the matter. 
 
 An Act in relation to certain taxes imposed and collected in the 
 county of Chautauqua. 
 
 Not Approved — Special alteration of the law for one county 
 only. 
 
 An Act for recording of notices of pendency of action and certi- 
 ficates of satisfaction of mortgage, on file in the county of Bichmond, 
 and for the payment of the costs and expenses thereof, and of the 
 books and materials required for the same. 
 
 Not Approved — Supervisors have power in the matter. Senate 
 bill to same effect not approved. 
 
 An Act to amend an act to reorganize the fire department of the 
 city of Albany. 
 
 Not Approved — This bill gives a salary to the Commissioners. 
 They, only a year ago, accepted these places to which no salary was 
 attached; no more reason for salary now than then. The Mayor 
 and many citizens protest against the bill, as an unnecessary increase 
 of expenses of the city. 
 
 An Act to amend an act entitled " An Act to incorporate the In- 
 dustrial Exhibition Company, and to authorize said company to pur- 
 chase real estate in the city of New York," etc. 
 
 Not Approved — Exempts from State and local taxation all the 
 property of the company; not merely the land it may occupy. 
 Although an enterprise of public interest, and probably of great 
 public benefit, the company, nevertheless, is organized with a view 
 to private profit to its stockholders. 
 
 An Act for the erection of a breakwater on the Oswegatchie river 
 improvement, on the west bank of the Oswegatchie river, on the 
 lands of D. P. Woodcock, in the town of Fowler, in the county of 
 St. Lawrence, etc. 
 
 Not Approved — Appropriation for locaj purposes ; not passed 
 by two-thirds vote ; has also more than one object, to wit : building 
 the breakwater, and paying damages caused by erection of piers 
 already constructed. 
 
254 Messages of Gov. Hoffman. 
 
 An Act to improve the roads and bridge in the county of Wayne. 
 Not Approved — Interferes with General Laws as to road taxes 
 in this one county. 
 
 An Act authorizing the formation of a separate road district in 
 the town of Jay, county of Essex, and appropriating money therefor. 
 
 Not Approved — Appropriates money for local purposes; not 
 passed by two-third vote. 
 
 An Act to incorporate the Progress Health Insurance Company 
 of New York. 
 
 Not Approved — There is a general law regulating formation of 
 such companies. This bill authorizes a corporation to be formed 
 without complying with the general law. 
 
 An Act authorizing the offices of Cherry Creek Cemetery, in the 
 town of Cherry Creek, Chautauqua county, to take charge of the 
 public burying-ground in said town, and to provide for the payment 
 of the expenses of the same. 
 
 Not Approved — First section defective ; does not conform to 
 the title ; it authorizes trustees of Cherry Creek Cemetery to take 
 charge of " the cemetery," not of " the public burying-ground. 
 
 An Act to amend an act entitled " An act to equalize the State 
 tax among the several counties of this State," etc. 
 
 Not Approved — Increases the number of State assessors from 
 three to eight, one to be appointed for each judicial district. It is 
 not, in my judgment, probable that the larger board, constituted as 
 proposed, would be any more efficient than the present board of 
 three, while the expense would be greater. 
 
 An Act in relation to the county treasurer of the county of Rens- 
 selaer. 
 
 Not Approved — Bill not only increases his compensation for 
 the future, but applies, so far as accounts with the State are con- 
 cerned, to the past. 
 
 An Act to incorporate the Lake George Baptist Association. 
 Not Approved — General laws suffice for this. 
 
 An Act to incorporate the Jamestown Savings Bank. 
 Not Approved — Obj actions of Superintendent of Bank Depart- 
 ment concurred in by me. 
 
 An Act to authorize the raising of a fund in aid of the Homoeo- 
 pathic Insane Asylum at Middletown. 
 
Messages of Gov. Hoffman. 255 
 
 Not Appeoted — Authorizes a corporation for giving musical 
 and other entertainments for special purpose. Unnecessary. 
 
 An Act concerning certain female habitual drunkards, vagrants 
 and prostitutes in the city of Brooklyn, and county of Kings. 
 Not Approved — Bill defective. 
 
 An Act to incorporate the Mechaniosville Bridge Company, for 
 the purpose of constructing and maintaining a bridge over the Hud- 
 son river, between the village of Mechaniosville and the town of 
 Schaghticoke. 
 
 Not Approved — Authorizes unlimited increase of capital. 
 
 An Act to discontinue a portion of a certain road in the town of 
 South Hampton, in the county of Suffolk. 
 
 Not Approved — Local authorities have power under general 
 laws. 
 
 An Act to incorporate the Grloversville Savings Bank. 
 Not Approved — Objections of Bank Department concurred in 
 by me. 
 
 An Act for the relief of the legal representatives of Peter Robin- 
 son. 
 
 Not Approved — Claim already examined and passed upon four 
 times. 
 
 An Act for the relief of Jacob Schaub. 
 
 Not Approved. — Seeks to make the State responsible for loss 
 of money deposited by claimant in a bank of his own choice, by fail- 
 ure of the bank, simply because he handed the certificates of deposit 
 therefor to State officers, as securitiy for performance of certain con- 
 tracts. 
 
 An Act to authorize the village of Dunkirk to issue its bonds for 
 the purpose of purchasing a steam fire engine, and for other purposes. 
 
 Not Approved — Protested against by citizens. Does not seem 
 necessary. 
 
 An Act to repeal section 4 of chapter 70 of the Laws of 1845, 
 entitled " An act to amend an act in relation to State prisons, passed 
 May Ist, 1844." 
 
 Not Approved — Unnecessary ; section referred to already re- 
 pealed by section 160, chapter 460, Laws of 1847. 
 
 An Act to regulate the sale of patent rights, and to prevent frauds 
 connected therewith. 
 
256 Messages of Gov. HbrFHAN. 
 
 Not Appkoved— Forbicls selling of patent rights except by pre- 
 vious license of the county judge. The subject is to prevent frauds, 
 said to be freqviently perpetrated in these matters. Policy of sub- 
 stituting the judgment of the county judge for the vigilance of the 
 community in guarding, each one his own interests, very doubtful. 
 
 An Act to alter the commissioners' map of the city of Brooklyn, 
 and to authorize the common council of said city to lay out, open 
 and improve certain streets therein. 
 
 Not Approved — Principal section objectionable; but the se- 
 cond section, closing a street, is protested against on good grounds. 
 
 An Act to require the Forty-second Street and Grand Street Ferry 
 Railroad CompaBy in the city of New York, to extend tracks in 
 West Thirty-fourth street and to run cars thereon. 
 
 Not Approved — Form of the bill objectionable. Does not 
 merely authorize, but requires the company to extend its track and 
 to make compensation. 
 
 An Act to amend an act to incorporate the Associated Hotel Com- 
 pany. 
 
 Not Approved — By ojiginal act stock-holders were liable to 
 workmen and other creditors for amounts not paid on their subscrip- 
 tions. This bill relieves them of this proper liability. 
 
 An Act to provide for straightening, widening, grading and iBi«- 
 proving Eailroad avenue in the town of Mount Pleasant. 
 
 Not Approved — Not asked for by tax-payers interested. 
 
 An Act to amend section 2 of chapter 838, of the session laws of 
 1866, entitled " An Act to amend an act entitled " An act to author- 
 ize the formation of corporation for manufacturing, mining, mechan- 
 ical or chemical purposes,' " etc 
 
 Not Approved — Authorizes corporations for " conducting mer- 
 cantile and commercial business.'' Organization of corporations for 
 such purposes is against public policy, tends to array corporate wealth 
 and power against individual eflfort, and thus to depress, unduly, 
 individual enterprise. The law authorizing formation of corpora- 
 tions, for various purposes, seems to me to be extended as far now as 
 is consistent with the general good. 
 
 An Act in relation to the running of ferry boats by the Green 
 Point Ferry Company across the East river, between the cities of 
 New York and Brooklyn. 
 
 Not Approved -^ Comptroller of the city has power to regulate 
 this by terms of the ferry lease. 
 
Messages of Q-ov. Hoffman. 25T 
 
 An Act to amend section 1, chapter 472, Laws of 1866, entitled 
 " An Act confirming certain leases that the Seneca nation of Indians, 
 in council assembled, have confirmed and ratified." 
 
 Not Approved — Not just to the Seneca nation under our trea- 
 ties with them. 
 
 An Act in relation to highway labor in the counties of Westches- 
 ter and Richmond. 
 
 Not Appkoveb — If the provisions of this bill, altering the gen- 
 eral law as to roads and highways, be desirable, they should be ap- 
 plied to all parts of the State. 
 
 An Act authorizing the trustees of the Williamsville Academy to 
 sell the personal and real estate of that institution. 
 
 Not Approved — Eegents of the University have power to dis- 
 solve the corporation. The trustees can then apply to the courts 
 for instructions as to disposal of the property, if they need any. 
 There are no " stockholders " of the academy, among which class of 
 persons the bill proposes to divide the proceeds. It is an endow- 
 ment academy ; the money contributed given absolutely for educa- 
 tional purposes. 
 
 An Act to amend the charter of the City Loan and Trust Com- 
 pany of New York, passed May 7, 1870. 
 
 Not Approved — This company originally chartered by another 
 name ; name changed to present one in 1870 ; this bill makes it 
 a guaranty and indemnity company, and a ware-housing company, 
 with banking powers. 
 
 An Act to incorporate the Republic Life Insurance and Trust 
 Company of New York. 
 
 Not Approved — Should incorporate under the general law for 
 life insurance companies. 
 
 An Act to authorize the trustee of school district No. 11, in the 
 , town of Benton, Yates county, to levy a tax for the payment of 
 money for the erection of a school-house in said district, which was 
 destroyed by fire before being accepted by the trustee. 
 
 Not Approved — The bill authorizes a special tax to reimburse 
 the contractor who undertook to build the school-house, for money 
 expended by him in partial fulfillment of his contract, the unfinished 
 school house having been burned. It is obvious that if, by the terms 
 of his contract, this money is legally due to him, it can be recovered 
 by him without this bill ; if it be not due to him, and the building 
 33 
 
258 Messages op Gov. Hoffman. 
 
 was at his risk, it would be unjust to tax the district to pay this sum 
 to him. 
 
 An Act to authorize and empower the board of education of Union 
 Free School District No. 1, in the town of Deerpark, Orange county, 
 to examine and license teachers, etc. 
 
 Not Appeoved — Confers powers on this board of education not 
 generally possessed by other similar boards, and which is now in the 
 hands of the school commissioner ; no good reason for this excep- 
 tional law. 
 
 An Act to incorporate the New York Coal Exchange, and to con 
 fer certain powers upon it. 
 
 Not Approved — Authorizes the company to begin business 
 with only $500 of capital paid in. 
 
 An Act to amend the charter of the New York State Loan and 
 Trust Company. 
 
 Not Approved — Gives all the powers of a trust company, in- 
 cluding the execution of trusts and the care of moneys under order 
 of courts, etc., and yet none of the usual guards are provided, such 
 as report to and examination by the Supreme Court, etc. 
 
 An Act concerning the practice of physic and surgery. 
 
 Not Approved — This bill authorizes the regents of the uni- 
 versity to confer the degree of M.D. upon persons who pass an ex- 
 amination before a board of seven censors, to be appointed by the 
 regents ; all applicants to be examined in both of the two leading 
 modes of practice, the allopathic and the homoeopathic. I am urged 
 to sign it on the ground that it will tend to elevate the profession 
 by subjecting candidates for degrees to a more rigid examination ; 
 and that, although degrees can now be conferred by medical colleges 
 and practitioners licensed by medical societies, this degree of M.D. 
 from the regents will be sought after, as giving to the recipient 
 thereof a better standing before the community. This might be so 
 if the regents were prohibited from granting a degree in any case 
 except that provided in the bill. The powers conferred on the 
 regents by this bill are expressly stated to be " in addition " to those 
 they now possess. They already have the power to grant the degree 
 of M.D. upon different and less exacting conditions than those pro- 
 posed by the bill. It is clear that it will not do to have two classes 
 of degrees of the same grade and name from the same source. The 
 community could not distinguish between them ; so that the pro- 
 posed object of the bill would not be attained. 
 
Messages of Gov. Hoffman. 259 
 
 An Act amending several chapters, entitled " An act for the better 
 improvement of highways at Bockland Lake and vicinity," passed 
 April 17, 1862. 
 
 Not Approved — The references to the various acts to be 
 amended are inaccurate. 
 
 An Act to authorize the Comptroller to settle with the commis- 
 sioners appointed by chapter 454, Laws of 1863, entitled " An act 
 in relation to non-resident highway taxes upon certain lands in the 
 counties of Essex and Hamilton," as amended by chapter 654, Laws 
 of 1866. 
 
 Not Approved — Does not leave the Comptroller proper discre- 
 tion in settling with the commissioners, and pledges, indefinitely , 
 highway taxes hereafter to be collected. 
 
 An Act to incorporate St. John's College, Brooklyn. 
 
 Not Approved — Name objectionable, there being already a St. 
 John's College, to wit, at Fordham. Moreover, the Kegents of the 
 University can grant a chartbr under their general powers. 
 
 An Act to incorporate the Jefferson Medical University, and to 
 authorize the establishment of a dispensary and hospital in connec- 
 tion with the same. 
 
 Not Approved — Contains the extraordinary provision that a 
 medical college may confer on its students the degree of doctor of 
 laws. The Kegents of the University can grant a proper charter. 
 No law is needed. 
 
 An Act to amend an act entitled " An Act relating to the support 
 of the poor of Rensselaer county," passed April 13, 1860, etc. 
 
 Not Approved — The late superintendent of the poor was very 
 recently removed for doing what this bill would authorize. What 
 was deemed a salutary restriction then, it is wise to leave in force. 
 
 An Act authorizing a culvert or sewer to be built and constructed 
 under and across the Cayuga and Seneca canal at the village of 
 Waterloo, Seneca county. 
 
 Not Approved — Bill defective in its language ; speaks of" com- 
 missioners " merely, not Canal Commissioners ; it is believed, more- 
 over, that work can be done, if needed, without a special law. 
 
 An Act to incorporate the Co-operative Savings and Loan Asso- 
 ciation. 
 
 Not Approved — Language of bill very vague and indefinite. 
 
260 Messages ol- Gov. Hoffman. 
 
 An Act to incorporate the Gruilderland Center Turnpike Company. 
 Not AppeoVed — General laws provide for these matters. 
 
 An Act in relation to costs in surrogate's courts. 
 
 Not Appeoved — Objectionable, as extending still further than 
 it exists now, the power of the court to allow counsel fee and extra 
 allowance, to be paid out of tlie estate, in cases of litigation about a 
 will or litigation in any of the proceedings in administering or settling 
 an estate. It is a power that may be greatly abused and may en- 
 courage needless litigation. 
 
 An Act to incorporate the National Improvement Company, to 
 be located in Ihe city of New York. 
 Not Approved — Power too extensive. 
 
 An Act to incorporate the New York Financial Association. 
 
 Not Approved — Power given to buy and sell stocks on com- 
 mission ; provisions of Kevised Statutes relative to corporations not 
 made applicable ; no provision for distribution of capital among sub- 
 scribers and no liability clause. 
 
 An Act to extend the Rossville road, in Richmond county, from 
 the Amboy road to the southerly beach. 
 
 Not Approved — The powers of commissioners of highways and 
 their mode of proceeding are prescribed by tbe gelieral laws ; this 
 bill, for one special case, directs them to dipense with the usual pre- 
 liminary proceedings, and authorizes them to acquire the right of 
 way by a method other than the usual one. 
 
 An Act to further amend an act entitled " An act to incorporate 
 the Insurer's Indemnity Company of the city of New York," passed 
 April 22, 1868, etc. 
 
 Not Approved — An amendment has been made every year 
 since the company was chartered, and these cannot be necessary. 
 
 An Act to incorporate the Commercial Traveller's Association of 
 New York city. 
 
 Not Approved — Authorizes a general commercial business and 
 dealing in buying and selling every kind of personal or mixed pro- 
 perty. 
 
 An Act to incorporate the Veteran Association Corcoran Irish 
 Legion. 
 Not Approved — Can incorporate under general laws. 
 
Messages of Gov. Hoffman. 261 
 
 An Act authorizing the jastioes of the Supreme Court resident 
 in Kings county, and the county judge of Kings county, to appoint 
 messengers, doorkeepers and attendants. 
 
 Not Approved — Bill not adequate to the public needs; the 
 judges prefer the law as it stands. 
 
 An Act to amend an act entitled " An act for the incorporation 
 of ■villages." 
 
 Not Approved — Would conflict with a bill approved May 1, 
 1871. 
 
 An Act to incorporate the village of Memphis, in the county of 
 Onondaga. 
 Not Approved — General law provides for all proper cases. 
 
 An Act to change the name of the village of Harts Falls, in the 
 county of Kensselaer. 
 
 Not Approved — No proof that it is desired by inhabitants. 
 Some have protested. 
 
 An Act to incorporate Monhagen Hose Company Number One, 
 of Middletown. 
 
 Not Approved — Middletown has power to organize a fire de- 
 partment. 
 
 An Act to incorporate the Teutonia Singing Society of Winfield, 
 Queens county. 
 Not Approved — Can incorporate under general laws. 
 
 An Act to incorporate the National Security and Trust Company. 
 
 An Act to incorporate the International Employment Guaranty 
 and Deposit Company. 
 
 An Act incorporating the Equitable Loan and Trust Company . 
 
 An Act to incorporate the Continental Loan and Trust Company. 
 
 An Act to incorporate the Nassau Loan and Security Company . 
 
 An Act to incorporate the Manhattan Indemnity and Loan Com- 
 pany of the city of New York. 
 
 An Act to incorporate the International Trust and Banking Com- 
 pany. 
 
 An Act to incorporate theSouth Brooklyn Loan and Trust Company. 
 
 An Act to incorporate the Commercial Trust and Banking Com- 
 pany of New York city. 
 
262 Messages of Gov. Hoffman. 
 
 An act to incorporate the Anglo-American Loan and Trust 
 Company. 
 
 An act to incorporate the Johnstown Loan and Trust Company. 
 
 An act to incorporate the Albany Loan and Trust Company. 
 
 An act to incorporate the Mutual Trust Institution of New York. 
 
 An act to incorporate the Banker's Loan and Trust Company of 
 the city of New York. 
 
 An act to incorporate the Eagle Trust Company of New York. 
 
 An act to incorporate the Island City Trust Company. 
 
 An act to incorporate the Mechanics' Savings Bank of the City 
 of Troy. 
 
 An act to incorporate the Long Island Island City Savings Bank. 
 
 An act to incorporate the Sixpenny Savings Bank in the city of 
 Albany. 
 
 An act to incorporate the Farmers' and Mechanics' Savings Bank 
 in the city of New York. 
 
 An act to incorporate the Seventeenth Ward Savings Bank of the 
 city of New York. 
 
 An act to incorporate the Grand Street Savings Bank of 
 Brooklyn. 
 
 An act to incorporate the Washington Savings Bank of Brooklyn. 
 
 An act to incorporate the Port Kichmond Savings Bank in the 
 county of Richmond. 
 
 An act to incorporate the Phoenix Trust Company of the city of 
 New York. 
 
 An Act to incorporate the New York City Life, Policy, Guaranty, 
 Loan and Trust Company. 
 
 Not Approved — Trust Companies, savings banks, and other 
 financial companies; submitted to Bank Department; objections found 
 by it to the several charters, in which objections I concur. 
 
 An Act for the relief of the New York Tunnel Company. 
 
 Not Approved — No information as to where the company is, 
 nor when organized, the bill making no reference to any former 
 act. ' 
 
Messages of Gov. Hoffman. 263 
 
 An Act to amend an act entitled " An act to simplify and abridge 
 the practice, pleadings and proceedings of the courts of this State." 
 
 Not Approved — This bill, which, as appears by the records, 
 met with no opposition either in the Senate or Assembly, receiving 
 twenty votes in Senate and ninety in Assembly (no nays), contains, 
 in my opinion, several objectionable provisions, to which public 
 attention has been sufficiently called. 
 
 An Act to incorporate the International Improvement and Loan 
 Company. 
 
 Not Approved — The third clause is very loose, and confers ex- 
 traordinary and very varied powers. 
 
 An Act for the relief of Luther Wright and William 0. Hub- 
 bard. 
 
 Not Approved — I cannot consent to approve a bill which re- 
 opens a case which, it seems clear to me, has been fully examined 
 and passed upon. The claimants have had three hearings before, 
 and judgment has been rendered against them. 
 
 An Act to incorporate the New York Stock Exchange, etc. 
 
 Not Approved — Bill Defective. Names as the first officers of 
 the corporation the officers of another association who are not even 
 named among the corporators of the association created by this bill. 
 
 An Act to abolish the office of Superintendent of Canal Repairs 
 and to give additional powers to the Canal Commissioners, etc. 
 
 Not Approved — This bill substantially repeals the law of 1870 
 and, it seems to me, is not just to the Canal Board. The first year 
 of canal management, under last year's law, was necessarily, from 
 causes well understood, a year of extraordinary expenditure. The 
 present one ought to be, with harmony of action among the members 
 of the board, one not only of reduced expenditure, but of increased 
 revenue. The Canal Commissioners are members of the Canal Board, 
 and not only have a voice in it, but, as clearly appears by the official 
 report of Comptroller Allen, Lieutenant-Governor Beach, and At- 
 torney-General Champlain, dated June 30th, 1870, they have now, 
 separately from the board, very full powers as well as very great 
 responsibility. The repairs and all the ordinary expenditure upon 
 the canal must, under the existing law, be made by and under the 
 direction of the Commissioners ; and although the superintendents are 
 appointed by the Canal Board, the Commissioners have power to 
 remove them for incompetence, unfaithfulness or neglect of duty. 
 
264 Messages of Gov. Hoffmak. 
 
 Inasmuch as the Commissioners already possess such full powers, 
 I am of the opinion that the policy embodied in the law of last year, 
 giving the Canal Board certain other powers, should be tested by a 
 further trial, before depriving the board of the powers of appoint- 
 ment and supervision thereby conferred. 
 
 An Act for the relief of William A. Sackett and Franklin Gage. 
 
 Not Appeovbd — This is a very stale claim and belongs to a 
 class that has never been favored. On consultation with the State 
 Engineer, I am satisfied it is not right to sign the bill, which was 
 introduced and passed the last day of the session, never printed, 
 referred or discussed. 
 
 An Act to aid and expedite the construction of unfinished rail- 
 roads in this State, which are intended to connect the chain of northi. 
 em and western lakes and rivers with tide water, or to develop the 
 resources of improved portions. of the State. 
 
 Not Approved — I intimated, early in the session, to the friends 
 of this bill, in answer to an inquiry, my views. Nevertheless, I 
 have, at their request, delayed action upon it until this time, in 
 order to give every opportunity to bring forward arguments in sup- 
 port of it, and have heard, attentively, all they have to say. The 
 purpose of the bill is to tax the people of this State two millions of 
 dollars, one-half this year and one-half in 1872, and to divide the 
 proceeds of the tax about equally between the Midland Kailroad 
 Company (commonly so called) and the Adirondack Railroad Com- 
 pany, to enable them to complete their respective roads. A very 
 strong pressure of opinion, favorable to the bill, from many quarters, 
 has been brought to bear upon me by those directly interested in 
 and to be affected by these railroads and by the proposed State dona- 
 tion. I realize, as fully as any one, the importance of the roads to 
 those who live along the respective routes and to the State at large ; 
 and I sympathize especially with those who, through their town and 
 municipal authorities, have bonded themselves heavily to aid in the 
 construction of either road. I cannot, however, allow my sympa- 
 thies to control my official judgment. I do not believe the people 
 of the State are willing to be taxed two millions of dollars in aid of 
 these two or any other railroad corporations. Nor do I believe it 
 right that they should be so taxed. There is no unappropriated money 
 in the State treasury out of which contributions can be made to rail- 
 road or other private corporations. Whatever money is to be given 
 must be taken out of the pockets of the people, by a direct tax levied 
 especially for that purpose. It is not a purpose connected directly 
 
Messages of Gov. Hoffman. 265 
 
 with government ; it is a private purpose, the profits arising from 
 the investment of the money, if any, going to the stockholders, 
 although, incidentally, benefit may result to the districts through 
 which the roads run and to the State at large. The State govern- 
 ment has no moral right to tax the whole people in aid of these 
 roads ; at all events, not without their express consent. Not a town 
 along the line of these or other roads can tax itself for a similar 
 purpose, without the consent of a majority of those representing a 
 majority of the taxable property in the town ; yet this bill proposes 
 to tax the whole State, without even submitting the question to a 
 vote of the people. 
 
 The Constitution (section 9, article 7) forbids the loaning or giving 
 the credit of the State, in any manner, in aid of any individual, associa- 
 tion or corporation. The State cannot even create a debt, and with 
 the money borrowed promote any single work of a public character, 
 without the consent of a majority of the people, expressed through 
 the ballot box. It ought not to (and in my j udgment it cannot, with- 
 out violating the spirit of the Constitution) tax the people in aid of 
 any railroad or other private corporation ; certainly not, without a like 
 consent. I know there are many, who have always been opposed on 
 principle to granting State aid to railroad or other corporations, who 
 feel that perhaps an exception should be made in favor of the two 
 roads for whose benefit this bill has been passed, that the sum now 
 asked for is small, compared with the great result of securing the 
 early completion of the Midland road and the opening of the Adiron- 
 dack region, and that the expenditure of two millions of dollars 
 will be soon repaid, in the addition insured to the general prosperity 
 and wealth of the State. We must not, however, shut our eyes to 
 the inevitable consequence of yielding the principle, by making an 
 exception in this instance. It would justify and encourage, in the 
 future, applications from every quarter for similar aid. Every road 
 hereafter to be built would expect to receive it, and the demand 
 upon the State treasury would be almost without limit. 
 
 I cannot, therefore, sign this bill, which imposes a tax of two mil- 
 Uons of dollars upon the already heavily taxed people of this State, 
 without their consent being first asked for and given. 
 
 An Act in relation to the doubling of locks on the western division 
 of the Erie CanaU 
 
 Not Approved — This work was let to the lowest bidder. The 
 work is still incomplete, and the bill proposes that the Canal Com- 
 missioners shall have power to increase the prices for work named in 
 34 
 
266 Messages of Gov. Hoffman. 
 
 the contract, leaving the contract otherwise in full force ; so that 
 the contractors, having excluded their competitors by a low bid, 
 would have the benefit of the higher prices named in the unsuc- 
 cessful proposals. My attention having been recently called to the 
 question of the constitutionality of such legislation, which is not 
 without precedent, I have come to the conclusion that it is in vio- 
 lation of section three of article seven of the Constitution — see last 
 sentence thereof. 
 
ADDEESS 
 
 By John T. Hoffman, Governor, at the Laying of the Comer 
 Stone of the New Capitol, at Albany, June 24, 1871. 
 
 The city in which we are assembled, the capital of the State, is 
 the oldest existing settlement in the original thirteen States. Here 
 Eudson, the discoverer of our noble river, landed from his Dutch 
 ship in 1608. Here the Hollanders settled in 1612. Here they 
 built Fort Orange in 1614. The fort and the colony having been 
 taken by the English in 1664, this city received the name of Albany 
 in honor of the Duke of York and Albany ; and so the first resting 
 place of the adventurous Dutchmen got a Scotch name ; we take good 
 care, however, to pronounce the first syllable not in broad Scotch, 
 but in still broader Dutch. In 1786, New York and Albany received 
 their charters from Governor Dongan ; these -two being the oldest 
 chartered cities of the United States. Here assembled the first con- 
 vention for the union of the colonies. It was held in 1754, and 
 Benjamin Franklin was its presiding officer. Its ostensible object 
 was the defense of the colonies against the savages ; but a plan of 
 union was then drawn up and adopted, the first recorded in the his- 
 tory of the country. 
 
 The first session of the Legislature of the State in Albany was in 
 1797, in pursuance of a law that it should meet here every year 
 unless it adjourned to some other place, or was convened elsewhere 
 by the Governor. It assembled in the Stadt House or City Hall 
 at the corner of what are now known as Hudson street and Broad- 
 way; where the courts of justice of that day were held; where stood 
 the prison, the whipping-post, the stocks and the pillory, and where 
 freemen and slaves (for New York was then a slave State) were 
 alike arraigned for trial and for punishment. 
 
 It was about this time that' the corporation of the city, the seat 
 of government having been thus, established here, made an ofier to 
 the State of any unappropriated ground as a site for public build- 
 ings; and the place where the Capitol now stands, on what was 
 called Pinkster hill, was chosen. 
 
 The first act making provision for the Capitol shows that some 
 things could be done as well as others in those days to which we 
 are accustomed to- refer as halcyon days, when men were more 
 
268 Address bt Gov. Hoffman, 
 
 honest than now, and when all legislation was pure and perfect; 
 when the object of every bill was indicated by its title, and not 
 concealed, as sometimes happens in these latter times. 
 
 What think you, was the title of this bill, passed in 1804 ? You 
 answer, perhaps, " An Act to provide for the erection of a new 
 Capitol in the city of Albany." You are mistaken. It was en- 
 titled " An Act maMfig provision for improving Hudson river helow 
 the city of Albany, and for other purposes." 
 
 It first directed the managers of lotteries, under the act for the 
 encouragement of literature, to raise $20,000, and to pay the same 
 to commissioners for improving the navigation between Troy and 
 Waterford (which you know are above, not below, Albany), and 
 then proceeded as follows : " Whereas the situation of the present 
 Court House, in the city of Albany, is found by experience to be 
 inconvenient for the transaction of business, and the corporation of 
 said city having represented to the Legislature that they are willing 
 to appropriate a lot of ground on the public square of the said city, 
 for a site of a public building for the accommodation of the Legisla- 
 ture, and for a new City Hall, and have prayed that the present 
 Court House, and the lot used with the same, might be sold, and the 
 proceeds thereof applied toward erecting and furnishing such new 
 State House; therefore, Be it enacted that John Taylor, Daniel 
 Hall, Philip S. Van Rensselaer, Simeon De Witt and Nicholas W. 
 Quackenbush, be appointed commissioners for the erecting and com- 
 pleting a public building in the city of Albany, etc., etc., with suffi- 
 cient and commodious accommodation for the Legislature, the 
 Council of Revision, the Courts of Justice and the Common Council," 
 etc. 
 
 It further provided that the managers of the lotteries aforesaid, 
 should raise by lottery $12,000, and pay the same to the said com- 
 missioners, for the purposes of the Capitol building. 
 
 Not a word is found in the body of the bill about improving the 
 Hudson river below the city of Albany. It nevertheless bears this 
 indorsement : 
 
 " In Council of Revision, April 6<A, 1804." 
 
 " Resolved, That it does not appear improper to the Council that 
 this bill should become a law of the State. 
 
 " GEORGE CLINTON." 
 
 How the ears of the Governor "and of the Legislature would have 
 tingled under the' sting of criticism, and what a shout of indignation 
 
Address by Gov. Hoffman. 269 
 
 would have gone up from the partisan press on either side now, if a 
 Democratic or Republican Legislature of the present day had passed, 
 and the Governor had approved, a bill for the erection of the new 
 Capitol, the title of the bill being '* An act to provide for the im- 
 provement of the Hudson river below Albany, and for other pur- 
 poses ; " to say nothing of the money being raised, not by tax, but 
 by lottery. 
 
 Whether the Legislature, or honest and good George Clinton, 
 the Governor, who, in the act of 1804, is described as " the person 
 administering the government of this State," was criticised accord- 
 ing to the most approved style of the present day, I am unable to 
 inform you. 
 
 At the beginning of the present century, the population of our 
 State was but little more than half a million, and that of this city, 
 its capital, a little over five thousand. A historian enumerates the 
 public buildings then located here as follows : " A low Dutch 
 Church, one for Presbyterians, one for Germans, one for Episcopa- 
 lians, a hospital, the City Hall, a brick gaol, the City Hotel, and a 
 bank, established in 1754." 
 
 In 1806, the corner stone of what we now call the old Capitol, 
 was laid by Philip S. Van Rensselaer, then mayor, in the presence 
 of the chancellor, and judges of the Supreme Court, members of the 
 corporation, the State House commissioners, and the leading citizens, 
 as we learn from the newspapers of the day ; and, as was then said, 
 with the usual enthusiastic accuracy of such occasions, it was to be 
 built on " improved plans, embracing much elegance with great 
 convenience and durability." 
 
 There my friends, it stands to-day, within our view, a monument 
 of what we call the olden time; venerable, and though not yet three 
 score years and ten of age, full of historic associations, with rich 
 memories of the past of this great and prosperous State clustering 
 around it. Almost the whole of our State history, in peace and in war, 
 has been made and written within its portals. There have been raised 
 the voices of the great men of other days, whose names and words and 
 deeds are still fresh in the memory of our people ; Clinton and 
 Tompkins, Van Buren, Marcy and Wright, and others now numbered 
 with the dead. There justice was administered with a firm well- 
 balanced hand by Kent, Spencer, Thompson, Beardaley, Jones, 
 Savage, Lansing, Bronson, Walworth and others, who made the 
 reputation of New York law-reports world-wide. There constitutions 
 have been framed and laws enacted under the benign influence 
 of which this State, during the present century, has grown from half 
 a million to four millions and a half of people ; a nation in itself. 
 
270 Address by Gov. Hoffman. 
 
 Where now are all who, less than seventy years ago, stood where 
 we stand, when the old corner-stone was laid? Prohahly not one 
 witness of that ceremonial is among us to day. Man's work is more 
 enduring than himself. 
 
 Some facts about the old Capitol, in its early days, may be in- 
 teresting to you. Its total cost was about $120,000, which was paid 
 in part by the State and in part by this city. The Grovernor and 
 the council of revision, the Senate and Assembly, the Supreme 
 Court and the Common Council of the city, all, at first, had rooms 
 in it. In the attic was the Mayor's court and the State Library, 
 the Society of Arts and the Board of Agriculture ; while the County 
 Clerk and the City Marshal occupied the basement. When com- 
 pleted, it was an object of excessive admiration. Travelers from 
 abroad praised it. Dr. Stuart, of Edinburgh, described it as " a 
 fine large object." Henry Nearan, an English traveler, says it pre- 
 sented a fine appearance. Professqr Silliman, in 1813, speaks of it 
 as a. large and handsome building of stone, furnished with good 
 rooms for the government and courts of law ; and the furniture of 
 some of the departments, he says, exhibited a good degree of elegance 
 and even some splendor ; while another enthusiastic writer, born, I 
 should guess, somewhere under our own starry banner, said, in 
 1833 : " In the furniture of the rooms there is a liberal display of 
 public munificence, and the American eagle assumes an imperial 
 splendor." 
 
 We can hardly realize the changes which have occurred since that 
 corner-stone was laid. Then the number of the States was seventeen ; 
 their total population less than six million. Republican government 
 was an experiment, just put upon its trial. The work of developing 
 the energies of the country and its resources, agricultural and mi- 
 neral, had hardly commenced. The group of what we call the 
 eastern and middle States, and three or four southern States, made 
 up the republic. The star of empire had not yet taken its way west- 
 ward. States and territories, now thronged with a, busy, energetic 
 population, were then a dense wilderness, the abundant riches of 
 which were not even imagined. Not only beyond, but far east of 
 the AUeghanies, was an almost unknown land. 
 
 Now thirty-seven States make up our beloved Union, which thanks 
 be to Grod, has been preserved even amid the fires of a terrible civil 
 war. Forty millions of people constitute a brotherhood extending 
 the hand of a common citizenship, from the Canadian border to the 
 Gulf of Mexico, and from the Atlantic coast, on which the early 
 pilgrims landed, to the golden shores of the Pacific, where a quarter 
 
Address by Gov. Hoe'I'man. 2T1 
 
 of a century ago no American citizen could be found, but wbere 
 now exist two great and prosperous States of the American Union. 
 Trials we have had, almost beyond endurance, it is true. The long 
 smouldering fires of sectional differences and hate, kept in subjection 
 as they were for many pears by the earnest self-sacrificing efforts of 
 patriotic men, once burst forth into a flame, in which the republic 
 was very nearly consumed. But the Union was saved, and it was 
 saved because the States of which it was made up were, each of 
 them an independent government, and had the self-reliance which 
 comes of independence. The Union was saved, not because it had 
 what is called a strong government, ruling, as all strong govern- 
 ments do, over a weak people, but the people were strong and used 
 to self-reliance; and they were able, through their State, county 
 and town organizations (our own beloved State being in the front 
 rank), to defend the integrity of the Union, upon the maintenance 
 of which as a union of sovereign States, they knew depended the 
 welfare and happiness of all. Now our people, so lately at war, are 
 again at peace, determined to maintain a republican form of govern- 
 ment, and to preserve alike the integrity and independence of the 
 several States, and the perfect and harmonious union of all. 
 
 I have spoken of the population of this State, then and now Since 
 then it has made rapid progress, not only in population, but in all 
 that makes a State great. Then we had few emigrants from Eu- 
 rope. Now every year a number nearly equal to the total popula- 
 tion of the State at that day, land in the city of New York, and are 
 distributed over our country as permanent citizens. Then we had 
 peace ; no need of soldiers. Since then, we have furnished hosts of 
 brave men and true for the war of 1812, and the Mexican war; and 
 in our late terrible civil contest, our State alone sent to the field 
 nearly 475,000 armed men, a number about equal to its total popula- 
 tion less than seventy years ago ; and to-day, in the midst of peace, 
 with no paid army, the State of New York has, nevertheless, a 
 volunteer force of 20,000 men, engaged otherwise in peaceful in- 
 dustry, but armed, equipped, disciplined, officered, ready at a 
 moment's notice, to defend the honor of the State and the rights of 
 its citizens, as well as the Union of which it is the chief member. 
 When the foundations of the old Capitol were laid, no steamer had 
 navigated the great river which is our pride and glory ; now there 
 are hundreds of them, many of them very beautiful and very fast. 
 With all their speed, however, they move too slowly for the spirit 
 of the age. Then we had no artificial channels of navigation ; now 
 we^have 1,000 miles of canals, the Erie uniting the great inland 
 
272 Address by Gov. Hoffman. 
 
 eas of our continent with the ocean. Then we had no railroads; 
 now we have thousands of miles of them skirting our rivers, pushing 
 through the valleys and around the mountain sides into the very 
 wilderness. Then we were without telegraphs ; now the ohedient 
 lightning carries our messages from the capital to the humblest of 
 the many villages within our borders and to the far corners of the 
 world abroad. Then we had no common schools ; now nearly 12,- 
 000 schoolhouses are scattered over our State; in which every year 
 1,000,000 of children are taught the rudiments of a good education. 
 The children in our schools are twice as many as were the whole 
 people of the State when the old corner stone was laid. 
 
 My fellow-citizens, in the seventy years since the building of the 
 old Capitol, our State has had a glorious and marvelous growth ; 
 true to its motto of " Excelsior." 
 
 The old Capitol, long ago, ceased to be worthy of the State or to 
 answer its requirements. Movements were set on foot for the erec- 
 tion of a new one. In 1863, the first appropriation was made for 
 the purchase of ground. In the same year a resolution passed the 
 Senate, directing the Trustees of the Capitol and the chairman of 
 the Senate committee on public buildings to procure plans for anew 
 Capitol. In 1865 an act was passed authorizing the erection of a 
 new Capitol on condition that the city of Albany should give to the 
 State, toward the purpose, the ground commonly known as the 
 Congress Hall block. This condition was complied with, and in 
 1866 the first appropriation of 1250,000 was made for the building. 
 The work was begun and has steadily gone on, each year fresh ap- 
 propriations being made. 
 
 I have mentioned these few facts relating to the old Capitol and 
 the new one, for the sole purpose of making up a brief record of 
 history for those who shall come after us ; a record more useful, I 
 think, and therefore more appropriate than any display of rhetoric 
 would be. I would not, with too much show of words, break in 
 upon the simple beauty of the services for which the Gommisssoners 
 of the Capitol have arranged. 
 
 I have said that almost the whole of the past history of our State 
 has been written within the portals of the old Capitol. Its future 
 record is to be made up within the new one. Whether what is to 
 be, shall be as honorable and glorious as what has been, will depend 
 not upon the magnificence of the structure to be erected, nor upon 
 the solidity of the foundation upon which it rests, but upon the 
 intelligence, energy, virtue and patriotism of the people, whose re- 
 presentatives shall in coming years assemble here. From foundation 
 
Addkess by Gov. Hoffman. 273 
 
 to dome it may be of granite, firm as a rock, and lasting as the hills, 
 yet it will be built in vain, unless the State shall have its foundation 
 deeply laid in truth, equity and justice, and shall have for its corner 
 stone a great and enduring reverence for those fundamental prin- 
 ciples of government which the Fathers of the Republic contended 
 for, in the perils of war, and left as a rich legacy to us. 
 
 *' Except the Lord build the house they labor in vain that build 
 it. Except the Lord keep the city the watchman waketh but in 
 vain." 
 
 Our responsibilities as a people have increased, step by step with 
 the rapid growth of the State and country, and will continue to in- 
 crease. It is wise for us all, as we fix our hopes upon the great 
 future which is before us, to remember always the counsel of our 
 fathers, and to walk by the light which experience throws upon our 
 path. 
 
 The material past of the country may stand in meagre contrast 
 to its great future, but the early history of the Eepublic will be 
 more glorious than anything which shall be hereafter written, if we 
 forget the men who made it, and the great truths which are in- 
 scribed in every volume and on every page of that early record. 
 
 Let us lay the corner stone of our new Capitol with the prayer, 
 that our beloved State may continue to grow in the future as it has 
 in the past; and that its growth may be made manifest, not alone 
 in the outward signs of prosperity and power, but also in a wider 
 and wider diffusion of the elements of domestic happiness among its 
 people. The glory and strength of a State consists not merely in 
 its public edifices, its public works, its monuments of public or pri- 
 vate splendor and munificence. Its sources of strength are to be 
 found in the purity and vigor of character, the self-control of the 
 men and women who constitute the State ; its true glory in the 
 general diffusion of virtue, peace and comfort among the homes of 
 its people. That is the most perfect state in which the benefits of 
 constantly added wealth reach farthest down on the scale of society, 
 and in which self-government; the government of each man over 
 himself, renders other government all but unnecessary. To this 
 wholesome and substantial growth, the efforts of every one of us can 
 contribute, with the help of God. And may Grod grant to each of us 
 the will to do his part. 
 
 35 
 
ANNTJAL MESSAGE. » 
 
 Executive Chamber, 
 Albany, Jcmuary 2, 1872. 
 To THE Legislatuee : 
 
 It is my duty to make known to you the general condition of the 
 State, and to recommend to you such matters as I judge expedient. 
 
 State Debt. 
 
 The unpaid principal of the war bounty debt was, on the 30th 
 September last ($16,887,206,57), sixteen millions eight hundred 
 and eighty-seven thousand two hundred and six dollars and fifty- 
 seven cents. This portion of our debt will, by the annual tax pro- 
 vided by the terms of the act authorizing the loan, be paid, in full, 
 in about five years. It was contracted and is to be paid in our 
 present legal-tender currency. 
 
 The residue of the State debt, which amounts to (812,595,495.95) 
 twelve millions five hundred and ninety-five thousand four hundred 
 and ninety-five dollars and ninety-five cents, was contracted before 
 the war, in gold, and the honor of the State and good faith demand 
 that it shall be paid, both principal and interest, in gold coin. It 
 is to be paid (except $48,860.11, loan of credit to the Long Island 
 Eailroad) out of revenues pledged for the purpose, and not by taxa- 
 tion, unless the sinking funds " shall prove insufficient to enable 
 the State, on the credit of such funds, to procure the means to satisfy 
 the claims of the creditors of the State as they become payable." 
 
 Of this last-mentioned species of debt ($2,257,900) two millions 
 two hundred and fifty-seven thousand and nine hundred dollars of 
 principal will be due on the 1st of July next, and ($847,500) eight 
 hundred and forty-seven thousand and five hundred dollars of prin- 
 cipal will be due on the 1st of January, 1873. The Comptroller is 
 of the opinion, in which I concur, that there will be no difficulty in 
 obtaining the means of meeting these payments, on the credit of the 
 sinking funds, as authorized by the Constitution. 
 
Messages of Gov. Hoffman. 276 
 
 The entire State debt was, on the 30th of September last, 
 ($29,482,702.52) twenty-nine millions four hundred and eighty- 
 two thousand seven hundred and two dollars and fifty-two cents, the 
 amount of principal paid in the last year being ($2,926,441 74) 
 two millions nine hundred and twenty-six thousand four hundred 
 and forty-one dollars and seventy-four cents. 
 
 Taxes. 
 
 The State tax levied the past year is five mills and seventy-nine 
 one hundred and twentieths of a mill. Of this tax, two mills were 
 required for the annual payment on the war bounty debt j one mill 
 and a quarter for the support of the public schools ; three-eighths of 
 a mill to meet payments for work on the new Capitol ; seventy-nine- 
 one hundred and twentieths of a mill for canals ; and one mill and 
 three-eights of a mill for general purposes. The total yield of the 
 State tax is eleven millions six hundred and thirteen thousand nine 
 hundred forty-three dollars and sixty-one cents. 
 
 New Capitol. 
 
 The new capitol commissioners report to me that of the six hun- 
 dred and fifty thousand dollars appropriated by the Legislature at 
 its last session, they have expended three hundred and forty-three 
 thousand six hundred and thirty-one dollars and thirty-one cents up 
 to the twenty-second day of November last ; making, with what has 
 been previously reported, about two millions thus far expended on 
 the construction of the building, independent of about six hundred 
 and fifty thousand dollars paid for land. 
 
 Salt Springs. 
 
 The quantity of salt from the Onondaga salt springs, inspected 
 during the last fiscal year, was eight millions five hundred and sev- 
 enty-nine thousand one hundred and ninety-three bushels. This 
 shows a decrease of production, compared with the previous year, of 
 two hundred and seventy-two thousand and fifty-four bushels. The 
 net revenue to the State has been twenty-six thousand six hundred 
 
276 Messages of Gov. Hoffman. 
 
 and fifty-six dollars and seventy-nine cents, wticb is seven thousand 
 two hundred and fifty-four dollars and twenty-eight cents less than 
 that of the previous year. 
 
 Banks. 
 
 On the first of October last, sixty-nine banks were doing business 
 under the banking law of this State. During the fiscal year circulat- 
 ing notes to the amount of forty-seven thousand seven hundred and 
 seventy-seven dollars have been destroyed by the department. 
 Twelve banks have been credited with lost circulation to the amount 
 in all of sixty -four thousand seven hundred and twenty-five dollars ; 
 the time for redeeming the same, after the usual legal notice, having 
 expired. 
 
 The amount of circulation outstanding, including that of incor- 
 porated banks, banking associations and individual bankers, was, on 
 the 1st of October last, two millions one hundred and forty-one thou- 
 sand four hundred and thirty-five dollars and fifty cents. Of this 
 amount, the sum of one million three hundred and eighty-three thou- 
 sand five hundred and twenty-five dollars is secured by deposits of 
 stocks, mortgages and cash. The residue, being circulation issued 
 by incorporated banks in existence prior to the passage of the gen- 
 ral banking law, is, of course, not secured by any deposit in the Bank 
 Department. 
 
 Savings Banks. 
 
 There were, on the 1st of July last, one hundred and forty-three 
 savings banks doing business in the State, with assets to the amount, 
 in the aggregate, of two hundred and sixty-six millions two hun- 
 dred and fifty-three thousand five hundred and ninety-four dollars. 
 These assets may now be estimated, upon the ratio of increase of the 
 year before, at two hundred and eighty millions of dollars. The 
 number of persons having deposits in these institutions was, on the 
 1st of January, 1871, seven hundred and twelve thousand one hun- 
 dred and nine. 
 
 I ask your especial attention to the necessity of being very cau- 
 tious in the enactment of charters for savings banks. Some failures 
 have occurred among this class of institutions during the pa=t year. 
 Being intended to induce saving habits among those of small means, 
 by enabling them to obtain interest on the sums which they can. 
 
Messages oe Gov. Hoffman. 277 
 
 from time to time, lay aside from their daily earnings, it is the duty 
 of the Legislature to provide in their charters every possible safe- 
 guard for the protection of the depositors. The object kept in view 
 should be security more than high interest. 
 
 At my instance (Senator Palmer, then chairman of the Senate 
 Committee on Banks, cordially co-operating with me), a law was 
 passed at the Legislative session of 1869 (chapter 213 of the Laws 
 of that year), requiring that all persons desiring to organize a savings 
 bank should execute a certificate, setting forth the name of their 
 projected institution, its intended place of business, the name, resi- 
 dence, occupation and post office address of each member of the asso- 
 ciation, and containing a declaration from each one of them that he 
 is willing to accept the duties of a trustee in such institution j and 
 requiring that such certificate, with a copy of the proposed charter 
 be filed with the Superintendent of the Banking Department, at least 
 sixty days before the annual session of the Legislature. The law 
 provides also, that notice of intention to organize such an institution, 
 giving the particulars contained in the certificate, shall be published 
 in a newspaper of the neighborhood where it is proposed to be es- 
 tablished, for six weeks. It then makes it the duty of the Super- 
 intendent of the Banking Department to transmit to the Legislature 
 at its next meeting, a report concerning the expediency of incorpo- 
 rating each one of such proposed institutions. Every legislative 
 committee to whom a bill for incorporating a savings bank shall be 
 referred, which has been introduced otherwise than in the manner 
 and with the preliminaries above described, is, by the terms of this 
 law, required to report against the passage thereof. Of course, this 
 law may be disregarded by a subsequent Legislature.; but I recom- 
 mend a strict compliance, on your part, with its provisions, as calcu- 
 lated to avoid a needless increase of these institutions and to giiard 
 against carelessly framed charters. I recommend to your considera- 
 tion the propriety of restricting, by a general law, applicable to all 
 savings banks, the amount which may be held on deposit for any one 
 depositor, to a moderate sum. Those who deal in large amounts 
 are usually capable of providing investments for themselves. It is 
 not right that the funds of this latter class of persons should be 
 mingled with those of less means, whose circumstances require a 
 peculiar class of institutions, and for whom, especially, savings banks 
 were created. 
 
 The tendency of late years to careless legislation in respect to 
 savings banks and other moneyed incorporations, is shown by the 
 fact that during the three years of my administration, I have found 
 
278 Messages op Gov, Hoffman, 
 
 myself obliged to refuse my signature to sixty-eight bills for the in- 
 corporation of, or increasing -the powers of savings banks and other 
 moneyed institutions under various names. 
 
 In connection with this topic, I call your attention to article 8, 
 section 1 of the Constitution, providing that " corporations shall not 
 be created by special act, except for municipal purposes, and in cases 
 where, in the judgment of the Legislature, the objects of the cor- 
 poration cannot be obtained under general laws." Of late years 
 there has been a great tendency to overlook the intent of this limi- 
 tation upon legislative power. It is true, the judgment of the Legis- 
 lature is to decide whether, in any special case, they are justified 
 in disregarding the general prohibition. This discretion, however, 
 should be exercised not arbitrarily, but in harmony with the purpose 
 and intent of the whole section ; which was, obviously, to take away 
 from the Legislature the right of creating corporations by special 
 act, except where it was very clear that the object could not be 
 obtained under general laws. 
 
 Insurance Dbpaetment. 
 
 The number of insurance companies subject to the supervision of 
 the Insurance Department was, on the first day of December, 1871, 
 238, as follows : 
 
 New York joint stock fire insurance companies 84 
 
 New York mutual insurance companies 10 
 
 New York marine insurance companies 9 
 
 New York life insurance companies 40 
 
 Fire insurance companies of other States 53 
 
 Marine insurance companies of other States 2 
 
 Life insurance companies of other States 30 
 
 Casualty insurance companies of other States 3 
 
 Foreign insurance companies 7 
 
 Total 238 
 
 The total amount of stocks and mortgages held by the Department 
 for the protection of policy holders of life and casualty insurance 
 companies of this State and of foreign insurance companies doing 
 
Mbssases of G-ov. Hofemax. 279 
 
 business within it, was eight millions fifty-one thousand one hundred 
 and eighty-five dollars, as follows : 
 
 For protection of policy holders generally in life insurance com- 
 panies of this State 14,104,035 00 
 
 For protection of registered policy holders exclu- 
 sively 2, (42,650 00 
 
 For protection of casualty policy holders exclu- 
 sively 4,000 00 
 
 For protection of fire policy holders in foreign in- 
 surance companies 1,300,500 00 
 
 For protection of life policy holders in foreign in- 
 surance eompanies 300,000 00 
 
 Total deposit 18,051,185 00 
 
 The Superintendent of the Insurance Department estimates that, 
 toward reimbursing the loss by the fire at Chicago, companies 
 organized under the laws of this State (not including those of other 
 States and countries doing business in this State) will contribute 
 over twenty millions of dollars. 
 
 State Prisons. 
 
 The Oomptroller's report will show, in detail, the earnings and ex- 
 penses of the State prisons during the past year. The condition of 
 our prisons is not satisfactory. Improvement can be secured, in my 
 judgment, only by an amendment to the Constitution, which shall 
 concentrate responsibility for their management. 
 
 I visited, as usual, all the prisons during the past year, for the 
 purpose of hearing applications from the convicts for pardon or com- 
 mutation of punishment. More than eight hundred applications for 
 pardon or commutation have been made to me during the year. 
 Eighty-four (84) pardons, twenty-nine commutations and five re- 
 prieves have been granted. I shall, in a few days, submit to you, as 
 has been my practice every year, a statement of the particulars of 
 these cases, including the reasons which, in each instance, have in- 
 fluenced my action. 
 
280 Messages op Gov. Hoffman. 
 
 Charities and Asylums. 
 
 The annual report of the Commissioners of Charities will give 
 detailed information of the condition of the several State charities. 
 I trust you will continue to provide for the early completion of the 
 State lunatic asylums now being constructed, so as to afford additional 
 room for the insane poor ; to the end that, within a short period, all 
 of this class may be removed from the county poor-houses. I again 
 recommend, as I did last year, an inquiry into the condition of pau 
 per children in the several counties, with a view to providing for 
 their removal, if found expedient, to proper asylums. 
 
 Education. 
 
 The following statistics have been furnished me by the Department 
 of Public Instruction, for the fiscal year ending September 30, 1871: 
 
 Number of children attending Public Schools 1,027,089 
 
 Total receipts, including balance on hand, Sep- 
 
 . tember 30th, 1870 $10,658,576 87 
 
 Total expenditures 9,588,356 37 
 
 Amount paid for teachers' wages 6,678,377 51 
 
 Amount paid for school houses, repairs and furni- 
 ture 1,587,276 39 
 
 Estimated value of school houses and sites 23,613,201 00 
 
 Number of persons attending normal schools, 5,129 
 
 Total number of school houses 11,721 
 
 Number of teachers employed for the legal term, 17,828 
 
 For particulars and for suggestions relating to the administration 
 of our Common School system, you are respectfully referred to the 
 annual report of the Superintendent of Public Instruction, under 
 whose care the educational affairs of the State have been so ably 
 administered. I ask for the schools the most liberal legislative 
 encouragement. 
 
Messages of Gov. Hoffman. 281 
 
 State Militia. 
 
 The State Militia known, now, as the " National Guard of the 
 State of New York," numbers about twenty-four thousand officers, 
 non-commissioned officers and privates. The details will be made 
 known in the report of the Adjutant-General. This valuable force, 
 essential to the security of public order, ought to be generously sus- 
 tained by the Legislature. A contract has been made, in accordance 
 with authority vested in the Governor by the law of last session, for 
 supplying the force with breech-loading rifles. 
 
 The Adjutant-General has made very satisfactory progress in ob- 
 taining the adjustment and allowance of claims of the State against 
 the general government for expenditures in the late war. At the 
 time he came into office, the balance of the claims which had then 
 been presented to the accounting offieers of the treasury of the 
 United States and were on file with them, unsettled, was 8^32,132.82, 
 of which it had been estimated not more than fifty per cent, could be 
 recovered, owing to informalities of vouchers, and irregularities 
 occurring in the hurry of the times when the expenditures were 
 made; and it was suggested that the Comptroller should employ a 
 special agent for the adjustment of these claims, to be compensated 
 by a per-centage upon the amount which should be recovered. 
 The Adjutant-General, with my approval, placed the matter in the 
 special charge of Colonel Stonehouse, the Assistant Adjutant-Gene- 
 ral, who was familiar with the origin of the claims, and detailed 
 Captain Butler, of the Inspector General's Department, to assist him. 
 There has been recovered already the sum of $622,279.10, with the- 
 well-assured prospect of an early adjustment of the whole balance 
 left unsettled on the 1st January, 1869 (except certain items of in- 
 terest on temporary bonds issued by the State which will require 
 Congressional action), and the prospect also of establishing the 
 validity of further claims upon the government. Additional claims 
 to the amount of $364,107.07, have already been presented to the 
 Treasury department, and others to about the same amount will very 
 soon be ready for presentation. The Legislature, at its last session, 
 passed a concurrent resolution, authorizing me to appoint a special 
 agent to prepare and collect these claims, and to award to him such a 
 per centage of the amount collected as I might deem just and proper. 
 36 
 
282 Messages of Gov. Hoffman. 
 
 I have done nothing under this resolution, being satisfied that the 
 claims can be adjusted and collected quite as rapidly through the 
 clerical force of the Adjutant-Greneral's office, and, of course, at 
 much less cost to the State. 
 
 Quarantine, etc. 
 
 During the past year, 227 vessels arriving at the port of New 
 York have been quarantined on account of sickness which had 
 occurred on board of them. TJpon these vessels, at their port of 
 departure, on the passage, and after their arrival at quarantine, 
 there were 729 cases of contagious and infectious diseases and 109 
 deaths. 
 
 During the quarantine season, to wit, from the first day of April 
 to the first day of November, 466 vessels, which arrived from ports 
 infected with yellow fever, were detained in the lower bay for obser- 
 vation. During the same period, 542 vessels from suspected ports 
 were examined at lower quarantine, and placed under observation 
 for a period of from two to five days. 
 
 These constitute the total number of vessels detained during the 
 year beyond the time actually necessary for examination. Out of 
 this number, seventy-five discharged their cargoes under quarantine 
 being but little over one per cent, of the whole number of arrivals 
 from foreign ports during the year. 
 
 Seventy of the vessels thus detained were found to have had 
 cases of yellow fever on board, and from these, eighteen patients 
 were sent to West Bank hospital. Besides these, 205 cases and 
 fifty-one deaths from this disease had occurred on board of these 
 vessels, either at their port of departure or during the passage. 
 
 For the five years, ending December 31st, 1870, the total num- 
 ber of vessels which arrived with small-pox on board, was one hun- 
 dred and forty-two ; while, during the past year, there have been 
 one hundred and forty-seven vessels, having on board an aggregate 
 of 80,428 persons who had been exposed to this disease during the 
 passage. The number of oases of small-pox reported to have oc- 
 curred on these vessels, was three hundred and forty-two, of which 
 two hundred and ninety-three were taken to hospital from quaran- 
 tine. Of these, owing to the crowded state of the municipal insti- 
 tutions on Blackwell's Island, it was found necessary to send a 
 number of patients sufi'ering from small-pox to West Bank hospital. 
 
Messages oe Gov. Hoffman. 283 
 
 Seven vessels only have had cases of ship-fever on board during 
 the past year. On these, the number of persons exposed to the 
 disease was 3,778, of whom eight were sent to the fever hospital on 
 Ward's Island. 
 
 Three vessels from infected districts have had cases of cholera 
 on the passage to this port ; and from these, fifty-two patients suf- 
 fering from the disease were treated at the West Bank hospital. 
 The total number of cases of cholera occurring among the passen- 
 gers and crews of these vessels, was 156 ; and the number of persons 
 exposed to the disease, 1,432. Of these, forty-three died at sea and 
 twelve in quarantine. 
 
 At the West Bank hospital the total number of patients suffering 
 from cholera, small-pox and yellow fever, received during the past 
 year, was 132, of whom 109 recovered and twenty-three died. 
 
 The absence of buildings upon the upper structure at West Bank, 
 for the reception of persons who have been exposed to contagious 
 and infectious diseases during the voyage to this port, was tempo- 
 rarily provided for by the transfer of the steamships Delaware and 
 Albany, from the general government to the quarantine department. 
 These vessels were anchored at quarantine in the month of Septem- 
 ber, and in the case of the steamship Franklin, which arrived on 
 November 11th, with cholera on board, were of the greatest utility 
 in affording facilities for the immediate transfer of the passengers 
 from the infected vessel. The favorable results which followed this 
 transfer, are said by the health officer, to prove the importance of 
 completing, at once, the structures contemplated at West Bank. 
 
 The foregoing statistics demonstrate the necessity for a thorough 
 administration of quarantine laws. The immunity which the city 
 and State of New York have enjoyed during the past year from the 
 introduction of contagious and infectious diseases from abroad may 
 justly be ascribed to the precautions adopted. All abuses, if any be 
 found, should be remedied, but the inconvenience to a few, by the 
 detention imposed upon only one vessel out of a hundred, is not to 
 be weighed against the protection afforded to the people in the cities 
 of New York and Brooklyn, and of the State, against infectious 
 diseases. 
 
 There have been for many years, and under all administrations, 
 complaints in the press against the health officer, and also against 
 the harbor-masters of the port of New York. No proof has been 
 adduced before me of maladministration on the part of the present 
 officers. In one instance, prior to December 15, 1871, charges 
 were preferred against a harbor-master, which were withdrawn. 
 
284 Messages of Gov. Hoffman. 
 
 On the 15th of December, 1871, charges were preferred in another 
 case, which are now under examination. In the case of the Health 
 officier, one complaint has been laid before me. Although the law 
 gave me no power in the matter, the health officer promptly res- 
 ponded to my request for explanations; the complaint was found to 
 be eonheoted, not with his office proper, nor with his fees, but 
 with certain rates es^tablished for contributions to the support of the 
 hospitals at quarantine; and the injustice complained of was promptly 
 cured. Under the law, as it was established in 1863, and as it now 
 stands, the Grovernor has no power to remove the health - officer 
 (and appoint another), even after a formal investigation, during the 
 recess of the Senate ; the period of the year when, if ever, abuses 
 are likely to occur. I recommend that the Governor be empowered 
 to appoint the Health Officer and Harbor-Masters, including the 
 Captain of the Port, without the consent of the Senate ; and to re- 
 move them, or any of them, at pleasure. A prompt remedy would 
 then be provided against abuses, without the delayJincident to a for- 
 mal investigation. 
 
 In the single instance of the presentation to me of charges agains 
 the health officer, I took the occasion, in referring the matter to the 
 'Commissioners of Quarantine, to request them to inquire into alleged 
 sbuses in quarantine administration, giving merchants and others 
 opportunity of being heard. I have received their report, dated 
 December 11th, 1871, which, with a communication from the health 
 officer relating thereto, will be duly transmitted to the Legislature 
 for its information. 
 
 It is proper to say, that if citizens who know of and can prove 
 official misconduct on the part of public officers, fail to present the 
 charges and proofs to the Governor, the responsibility for continued 
 abuses rests upon them, The Governor, in such matters, acts in a 
 quasi-judicial capacity, and he cannot, any more than can a court, 
 entertain charges made through the public press. 
 
 Nor should it be forgotten, that if extra compensation is paid to 
 harbor-maSters, it may be too often due to the eagerness of owners 
 and consignees of vessels to get the advantage, one over another, in 
 the occupancy of wharves. 
 
 The Governor is always ready to do his duty, and to remove a 
 guilty party when he has the power. Merchants and others fail to 
 do theirs, when any of them pay a bribe to a public officer, or neglect 
 to expose and bring to justice whoever demands or accepts one. 
 
 I recommend a thorough examination of the official acts of the 
 health officer and harbor-masters, and such amendments to existing 
 
Messages op Gov. Hoffman. 285 
 
 laws as may be necessary to put an end to such evils as may be 
 shown to exist. 
 
 Immigration. 
 
 The number of arrivals of immigrants in the port of New York 
 this year is two hundred and twenty- nine thousand, an increase, as 
 compared with last year, of seventeen thousand. 
 
 Kevision of Statutes. 
 
 A report from the commissioners for revising the statutes may be 
 expected at an early day in the session, showing what progress has 
 thus far been made in their work. 
 
 Canals. 
 
 The surplus revenues of the canals, for the past year, have been 
 nearly double those of the previous year, although, for four months 
 of the year 1870, the former higher rates of toll prevailed ; the con- 
 tribution to the sinking fund, for the fiscal year ending 30th Sep- 
 tember last, being $981,588. 61 against 569,974.61 contributed theyear 
 ■before. The expenditures have been very materially reduced. The 
 •official reports'of the Comptroller and Auditor will show the details of 
 •expenditure and revenue. It is the unanimous testimony of those 
 engaged in business upon them tliat the canals are in better 
 order than at any previous period. My opinions as to the true 
 policy of the State, with reference to its canals, have been so fully 
 expressed in three successive annual messtiges, that it is not neces- 
 sary here to repeat them. The policy of low tolls, which, when 
 first recommended, met with strong opposition, is now, by general 
 consent, admitted to be wise. The season of navigation of 1871 was 
 fifteen days shorter than that of 1870, yet there was an increase of 
 tolls to the extent of $478,722.78. 
 
 I have received a letter from the President of the United States 
 calling my attention to the twenty-seventh article of the recent treaty 
 between Great Britain and the United States, which article is in 
 these words, to wit : 
 
 " Article XXVII. — The government of her Britannic majesty 
 engages to urge upon the government of the Dominion of Canada 
 
286 Messages oe Gov. Hoffman. 
 
 to secure to the citizens of the United States the use of the Wel- 
 land, St. Lawrence,, and other canals in the Dominion, on terms of 
 equality with the inhabitants of the Dominion; and the govern- 
 ment of the United States engages that the subjects of her Britannic 
 majesty shall enjoy the use of the St. Clair Flats canal on terms 
 of equality with the inhabitants of the United States, and further 
 engages to urge upon the State goverpments to secure to the sub- 
 jects of her Britannic majesty the use of the several State canals 
 connected with the navigation of the lakes or rivers traversed by or 
 contiguous to the boundary line between the possessions of the high 
 contracting parties, on terms of equality with the inhabitants of the 
 United States." 
 
 The President requests such legislation on the part of this State 
 as may be necessary to carry out, on our canals, this provision of 
 the treaty. My impression is that nothing exists in our State laws, 
 now, to forbid the subjects of another country using our canals on 
 terms of full equality with the citizens of the United States. I re- 
 commend an inquiry on your part on this point, and the prompt 
 passage of any laws which may be ^necessary for the fulfillment of 
 the undertaking made by the Federal government. 
 
 Generaii Recommendations. 
 
 The disastrous fire at Chicago destroyed the valuable public law 
 library of that city. It was always open to the free use ot members 
 of the bar from other States, and contained complete sets of the Re- 
 ports of this State and of its Statutes, as well as those of other States 
 and of Great Britain. Upon being informed of this loss by a com- 
 mittee of the bar of Chicago, engaged in the work of restoring the 
 library, and upon their application for such assistance as this State 
 could give, I took the responsibility, in view of the intimate business 
 relations existing between the States of Illinois and New York, of 
 causing to be sent to them the Statutes, the Reports and the Digests 
 of this State, complete, as a donation from New York, knowing that 
 the need was pressing for the work of restoration being promptly 
 effected. In doing this, I was careful not to incur any liability in 
 behalf of the State. I, nevertheless, respectfully ask that you make 
 an appropriation to cover the cost of this gift. Some of the books 
 having been furnished by the State Library, from extra copies in 
 its possession, the total amount expended will not exceed sixteen 
 hundred dollars. 
 
Messages of Gov. Hoepman. 287 
 
 Full rights of inheritance are accorded to the children of Ameri- 
 can male citizens, without reference to the nationality of the mother, 
 although the children be born abroad ; while the children of an 
 American woman married to an alien, are, if they be born abroad, 
 denied like rights. I recommend that the disability of the latter 
 class of persons to inherit be removed by Statute. 
 
 I suggest, for your careful consideration, especially in view of the 
 several treaties made between the United States and foreign govern- 
 ments, in respect to naturalization and expatriation, whether it would 
 not be wise to remove all disabilities of aliens relating to the acquisi- 
 tion, possession and transmission of real estate. In several of the 
 States of the Union these disabilities no longer exist, and in England 
 they were removed by statute, passed May 12, 1870, the day before 
 the date when the treaty between England and the United States, 
 relating to naturalization, was signed. If you should pass a law 
 removing all these disabilities, the suggestion last made, with refer- 
 ence to children born abroad of American women, will have become 
 unimportant. 
 
 I recommend to your consideration the subject of alleged abuses 
 under the referee system in our courts, with a view to providing a 
 remedy, by law, for such abuses as may be found to exist. 
 
 The statutes providing for the election of Senators, in case of 
 vacancies occurring otherwise than by expiration of term, are defec- 
 tive. The defect was brought to public notice by the death of 
 Senator Blood, just before the last session of the Senate. I called 
 the attention of the Legislature in my last annual message to the 
 necessity of amending the laws in this respect, but they failed to 
 supply the defect. I recommend prompt action by you on this sub- 
 ject. 
 
 I recommend, as I did last year, the putting an end, by law, to 
 the hardships and injustice frequently inflicted upon persons who 
 are detained as witnesses to the commission of crime. The suffering 
 resulting from this, especially in cities, is very great and extends to 
 many unfortunate persons, who are too poor to give security for their 
 appearance to testify. The law should provide that no person shall 
 be detained in prison as a witness in criminal cases beyond a specified 
 time, and that, if the trial be postponed beyond that time on the 
 motion of the prisoner, it shall be only on condition of his consenting 
 that the testimony of the witness may be taken de bene esse, as in 
 civil cases. It may be urged that the people may not be ready to 
 bring on a trial, and may thus, in some cases, lose the benefit of the 
 
283 Messages of Gov. Hoffman. 
 
 witnesses altogether. It is better so, than to have innocent persons 
 suffer imprisonment in order that even the guilty may be convicted. 
 
 I recommend, for the third time, that power be conferred upon 
 the Oyer and Terminer, or upon the Supreme Court at Greueral 
 Term, to grant new trials upon the merits or upon newly discovered 
 evidence, in cases of conviction before the Oyer and Terminer. The 
 courts of sessions, which are inferior tribunals, have this power in 
 cases of conviction before them. A person wrongfully convicted in 
 the Oyer and Terminer, no matter how clear his innocence may be 
 shown by newly discovered evidence, has no remedy save a pardon 
 from the Executive. 
 
 I recommend that the laws relating to the insane be revised. As 
 they are now, any two justices of the peace, upon the certificate of 
 two physicians, may deprive a man of his liberty on the ground of 
 lunacy, and order him to be confined in a lunatic asylum. A bill 
 was passed, at the last session of the Legislature, upon this subject, 
 but some of its provisions seemed to me to be objectionable, and it 
 was generally objectionable, in that its operation was limited to the 
 city of New York. For these reasons I withheld my approval from 
 it. There can be no doubt that there is room for great abuses under 
 the law, as it stands. I recommend that all physicians who may 
 grant certificates of lunacy, and all magistrates who issue an order 
 of commitment to an asylum, be required under heavy penalties, to 
 report their action, at once, to the county judge of the county within 
 which the order was made, and that all superintendents of public 
 and private lunatic asylums, be required, under like penalties, to re- 
 port forthwith, the arrival of every patient at their respective estab- 
 lishments, to the county judge of the county whence the patient was 
 sent; that the county judge be required to investigate the case, 
 summarily, and confirm or annul the proceedings ; and that he be' 
 (empowered, at any time, on his own motion, or on the application of 
 any one interested in an alleged lunatic, to re-open the hearing of a 
 case, and to conduct such rehearing, with or without the aid of a 
 jury, as to him may seem best, and thereupon, in his discretion, to 
 discharge the alleged lunatic. Whether any amendments to existing 
 laws relating to the State asylums for the insane be found necessary 
 by you or not, I recommend that private lunatic asylums be brought 
 under some system of licensing by the public authorities. The 
 Legislature should provide for their supervision and frequent visita- 
 tion. Inasmuch as the State permits the detention of insane per- 
 sons in such private institutions, it is right that the same watchful 
 
Messages o* Gov. HoFPiSiAN. 289 
 
 care should be exercised over persoas confined in them as over those 
 in our public hospitals. 
 
 Eor the fotoih tinie, I recblnmend an amendment Of the laws de- 
 lating to mtirder. Instances of honlicide occur where intetit to take 
 life is pi?ov6d, but where the facts are siich that the jury are Unwil- 
 ling to find a verdict of gtiilty of Biuf'der in the first degree, because 
 the peculiar facts do not warrant the extreme penalty of death. 
 They cannot, under our present statutes, define the case as one of 
 murder in the second degree. They are driven, therefore, to either 
 acquit or render a verdict of guilty of manslaughter in the third or 
 fourth degree, although conscioiis that the light pbii'aMy aivarded 
 by the law to these two degrees of crime is very ittadequate. I 
 recommend thai either the maxiinum jiuiiishment for manslaughter 
 in the' third degree be made much greatent, oi* that when the degi?6e 
 of premeditati6b does not, or6therfactS do not, iti the judgment of the 
 jury, justify punishment by death, they be authorised to render a Ver- 
 dict of Baurder in the second degree, to be punished by impri'sonment 
 for life, or for a term of years, in the discretion of the court. It is no 
 valid objection to the aboVe amendment that, Und'er it, juries Would 
 have too great discretion itf the matt^i* of eiifoircing the death 
 penalty. They exercise th'at discretion now, in many instances, and 
 do so with the law as it stands, at the cost of rendering a verdict 
 not satisfactory to' themselves, atad Of allowing a very serious Crime 
 to go unpunished, except by the light penalty attached by the law 
 to one of low'er gifade. 
 
 I respectfully suggest that all bills, making lai'ge appi'opriations 
 of money be passed by yOn at a period of the session early enough 
 to enable me to I'eturn them to yoii with objectiOiis, if I have any 
 to make ; so that I shall not be Obliged to consent to items not, in 
 my judgment, proper, as the only means of avoiding the defeat of 
 other just and necessary appropriations. The Supply Bill, as it is 
 commonly called, has always been sent in for approval after the 
 Legislature had adjourned, leaving me no alternative but to approve 
 of it as a whole, or to let all the appropriations made therein go over, 
 many of them being required at once for the support of the various 
 departments of the government. The practice has grown up of in- 
 serting in this bill' items of appi'opriations of money which have no 
 proper connection with the general purposes of the bill as indicated 
 in its title ; many of which items, I am satisfied, would not, if pro- 
 posed in separate bills, receive the sanction of the Legislature. This 
 practice has become a great abuse. 
 37 
 
290 Messages of Gov. Hoffman. 
 
 I recommend the immediate repeal of the general town-bonding 
 act. Without discussing the policy of this law, I suggest that aid 
 has already been given to railroads, upon the credit of municipali- 
 ties, to quite as great an extent as is wise, and, in some .instances, 
 to the oppression of tax-paying communities. Its early repeal is, in 
 my judgment, important to the general welfare of our people. 
 
 Bight Hotjr Law. 
 
 In 1870, what is commonly called the eight hour law was enacted 
 by the Legislature and approved by me. It provided, among other 
 things, that eight hours should constitute a legal day's work upon 
 all the public works of the State, and that any public officer, who 
 should violate or evade its provisions might be removed by the Grov- 
 ernor, or by the heads of departments to which such officer was 
 attached. By this act, the Legislature intended to hold out the 
 promise, on behalf of the State, to the laborers who might be em- 
 ployed on any public work, that they should receive a full day's 
 wages, at current rates, for eight hour's work. The spirit of the 
 promise has not been kept; yet no case has arisen where a removal 
 of a public officer could legally be made. The laborer understood 
 the law to provide for a reduction of the hours, but not of the wages 
 of labor. The State ought not, under the forms of law, to deceive 
 any portion of its people. Its practice should be in accord with its 
 professions. It demands a general obedience to its statutes, and 
 should itself set the example of strict conformity with its own laws. 
 While the law stands upon the statute book, the professions em- 
 bodied in it should be made good by such amendments to it as will 
 render the fulfillment of its purpose certain. 
 
 Tax Ebvision. 
 
 Under the provisions of a joint resolution of the Legislature, 
 passed April 25, 1870, I appointed David A. Wells, George W. 
 Cuyler, and Edwin Dodge a commission " to revise the laws for the 
 assessment and collection of taxes;" which commission, in the dis- 
 charge of its duties, presented a report in February, 1871. The 
 report was so important and exhaustive in its character, and so novel 
 in its suggestions, that although I had supplied copies thereof to 
 the Legislatures of the other States, and to municipal bodies in this 
 
Messages of G-ov. Hoffman. 291 
 
 country and in the British Provinces, yet, notwithstanding the very 
 large edition issued by the State, the Keport has been twice re- 
 printed, at private cost, in order to meet the demand for it among 
 the general public, to wit, once in this country and once in Europe ; 
 the latter reprint being issued, with a preface by the Secretary of 
 the British Board of Trade, by an association of gentlemen for dis- 
 tribution among the people of Great Britain. 
 
 In respect to personal property, the report of the commissioners 
 shows that the whole amount thereof assessed and taxed is not as 
 much as thirty per cent, of the real estate assessments, or not in 
 excess of the railroad and banking capital alone of the State; while 
 the probable proportion of such property, assessed to its true value, 
 is not more than ^/ieew per cent. The commissioners, futhermore, 
 present a large amount of evidence tending to show that not only is 
 such a result unavoidable under existing laws, but that the tendency 
 of things (through recent court decisions, the offsetting of indebted- 
 ness against assets, and the exemption of United States and other 
 securities from taxation), is to become worse; and that at no distant 
 day, the present system of taxation in this State will be brought 
 down, practically, to an exclusive tax on real estate and bank capital. 
 
 Another matter of great importance, to which the commissioners 
 call attention, is the circumstance that during the last few years the 
 legislation of contiguous States, in respect to local taxation, has been 
 of a much more liberal character than that of New York ; and that, 
 in consequence, the interests of New York have suffered, and are 
 likely to continue to suffer unless remedial or reciprocal legislation 
 is provided. Thus, for example, the States of Maine and Vermont, 
 and also the British Provinces which border upon New York, have 
 either wholly, or for an extended period, exempted manufacturing 
 industry from all taxation. The new territory of the District of 
 Columbia exempts all evidences of debt, that is, bonds, mortgages, 
 negotiable instruments, etc.; the State of Maryland, all bonds and 
 mortgages for the city and county of Baltimore ; New Jersey, bonds 
 and mortgages for a large part of her territory contiguous to New 
 York ; while Pennsylvania, proceeding much farther in this same 
 direction, has exempted the machinery and capital of manufactures 
 from local taxation, and, practically, also in a great degree, her bank- 
 ing capital, evidences of debt, and all vessels engaged in foreign and 
 domestic commerce. 
 
 New York is soon likely to be forced, by considerations of self- 
 interest and self-defense, into giving this whole subject of State taxa- 
 tion careful attention. 
 
292 Messages of Gov. Hoffman. 
 
 The system recommended by the commissioners, and of which an 
 outline code has been already submitted to the Legislature, is sub- 
 stantially as follows : 
 
 Fwst. To tax real estate in like manner as under existing laws ; 
 provisions for enforcing valuation according to a common and well- 
 defined but moderate standard being at the same time prescribed. 
 It is understood that the commissioners favor the creation of an 
 office, whose incumbent shall be especially charged with the enforce- 
 ment of the laws relative to taxation, and be invested with all neces- 
 sary powers for accomplishing such object^ and insuring, so far as 
 possible, equity and uniformity. 
 
 Second. To tax moneyed corporations of the State in conformity 
 with existing laws. . 
 
 Third. All experience, and especially the experience of New 
 York, shows that the attempt to tax, directly, property other than 
 such as is embraced under the two before-enumerated classes, affords 
 little revenue; it fails in execution, and is certain to yield less of 
 revenue in the future than in the past ; and, above all, it discrimi- 
 nates against the industry of New York in comparison with other 
 States. The commissioners propose as a substitute and equivalent 
 for all such defective taxation, to tax the occupier, he he owner or 
 tenant., of any and every building used as a dwelling, or for any 
 other purpose, on a valuation of three times the rental or rental value of 
 the premises occupied ; but not including under such assessment, any 
 land except such as the building stands on, or is essential Jbr access 
 thereto. 
 
 All property not embraced under one of these provisions, as above 
 stated, is to be exempt from taxation. 
 
 The principles on which the commissioners have founded this 
 part of their system, are stated by them as follows : 
 
 " That the market value of real estate is always proportional to 
 and dependent on the amount of personal property, or rather pro- 
 ductive capital, placed upon it, or in its immediate vicinity." 
 
 " Only, therefore, as personal property or productive capital is 
 brought in connection with real estate, does its value become ap- 
 preciable and augment." 
 
 " Applying, practically, to New York the proposed system for 
 taxing personal property, through buildings or rentals, as its repre- 
 sentative, the commissioners say, that examination will show that 
 the aggregate of taxation, according to the new system, on the oc- 
 cupiers of buildings, will be the lowest in the most sparsely settled 
 agricultural districts of the State. Property here is mainly in land, 
 
Messages of Gov. Hoffman. 293 
 
 and the value of buildings is gener£^lly much less than the value of 
 this land with which they ^re egnnepted. 4-S we lea,ve the sparsely 
 settled agricultural districts, ^nd rise jilirough Jhe more densely 
 populated portions of the State, from the towns to the villageis, from 
 the cities to the gres^t metropolis of the continent, we phall find that 
 the value of land, of buildings, and thp aggregate of taxable valua- 
 tion will increase as the amount and accumulation of personal pro- 
 perty increases, until land and buildings attain their greatest market 
 and tax-valuation in Wall street, Broadway and Fifth avenue, where 
 the accumulation of personal property is the greatest. It is also to 
 be observed that, starting at the bottom of the scale, with the value 
 of land greatly in excess of the value of the buildings connected 
 with the land, that this difference, as we progress upward through 
 the more densely populated districts, gradually diminishes, until, as 
 is the case very frequently in the cities, the value of the Jmildivg 
 greatly exceeds the vahie of the land in which it is situated." 
 
 " And yet, while under the proposed system, the agricultural 
 districts would, as now, pay the smallest proportion of the aggregate 
 taxes, and the villages and cities as now also the largest, there 
 would be no injustice ; but, on the contrary, one uniform, equitable 
 rule of valuation and assessment." 
 
 " The sum of three times the rent or rental value is taken as the 
 substitute for personal property, other than what is invested in the 
 stocks of moneyed corporations, on the assumption that no person can 
 occupy any building, who is not possessed of such property, at least 
 to the extent of the valuation adopted ; an assumption fully sustained 
 by evidence and investigation." 
 
 The commissioners allege, in regard to their proposed new system 
 that, under the ^^rsi and second provisions, nearly all the property 
 now subject to taxation will be embraced; and that, under the third 
 provision, property additional, or rather ability to contribute to 
 the expenses of the State, commensurate to the protection which 
 the State accords to the person assessed, will be embraced to the 
 extent of from Jiv^ hundred to seven hundred millions ; thus redu- 
 cing the rate of taxation all over the State, and especially relieving 
 the labor and capital invested in agriqultural and manufacturing in- 
 dustries, and in shipping, which ought to be the object of the State 
 especially to favor. 
 
 When the report of the commissioners was presented in February, 
 1871, it seemed to me and to the Legislature advisable, that on ac- 
 count of the novelty of the views presented, the consideration of 
 the whole subject should be postponed for another year in order to 
 
294 Messages of Gov. Hoffman. 
 
 allow of the fullest discussion and considerations on the part of the 
 public, and, pending all action, the Legislature instructed and 
 authorized the commissioners to prepare a code in accordance 
 with their recommendations. This code, with a further report, will 
 be ready at an early period of i the present session, and I should fail 
 in my duty if I did not ask for it, in advance, the most careful con- 
 sideration from both the Legislature and the people. 
 
 Street Peocessions. 
 
 The subject of the regulation and control of processions in public 
 streets has been made one of special interest by unhappy occurrences 
 in the city of New York, in July last. The occupation of the public 
 streets by bodies of men for the purpose of civic as well as military 
 processions has been permitted under a custom so long established 
 that it has come to be looked upon as a common right. The local 
 police must have, of course, great discretionary power in the matter 
 of regulating such processions. It has been the practice of New 
 York city to afford them protection by the presence and escort of 
 part of the police force, without reference to the occurrences which 
 the demonstrations were designed to celebrate, or to the race, color 
 or sentiments, political or religious, of those engaged in them. Our 
 respective political parties have been in the habit, on the eve of an 
 election, of getting up such demonetrations, not only in New York 
 but throughout the country, with banners and mottoes indicative of 
 their own views, and not unfrequently reflecting with severity upon 
 those of their opponents ; all which are looked upon, usually, by the 
 by-standers of either party, in good humor and perfect toleration. 
 Noted events in our own history have been commemorated by great 
 public demonstrations in the streets, and, in like manner, men of 
 foreign birth or descent, have celebrated occurrences remarkable in 
 the civil, military or religious record of the country from which they 
 sprang, or of the faith and church in which they and their fathers 
 were educated. This right of procession has been considered to be 
 established by custom as firmly as the right of free discussion and 
 as is the right of the people " peaceably to assemble " by the Con- 
 stitution of the United States, and may be regarded, in some sense, 
 as a practical exercise of those rights. 
 
 A procession had been proposed for the 12th of July last, to 
 which objection was made by persons holding views adverse to those 
 to be celebrated, and they resolved to prevent it by violence, if ne- 
 
Messages of Gov. Hoffman. 295 
 
 cefssary. Opponenta of the first proposed procession organized an- 
 other for the same day, with, substantially, the same line of march. 
 The police of the city, deeming it almost certain that a serious 
 breach of the peace would ensue, and in order to prevent it, forbade 
 both of the proposed demonstrations. The order forbidding the pro- 
 cessions was not submitted to me by the Police Commissioners, for 
 consideration or approval, nor did they ask my advice upon the sub- 
 ject. The order was made by them in the exercise of their exclusive 
 discretion and lawful power, and it was not my lawful right, on my 
 own motion, to interfere with that discretion. On the afternoon of 
 the day on which the order was issued and published, which was the 
 day before that proposed for the processions, I received, while at the 
 capital, information that the local authorities thought my presence 
 in the city was desirable. I repaired thither, immediately, and ad- 
 vised that the police order be revoked. I was satisfied that it would 
 be generally regarded as having been made by those in authority in 
 submission to the demand and dictation of those who were not, and 
 as subversive of the equal rights of men of all races, creeds and senti- 
 ments to protection, and would tend to permanent strife and bitter- 
 ness, and to the disturbance of the peace of the State, perhaps, for 
 many years to come. In deference to my advice, the order was re- 
 voked by the same authority which bad issued it. My duty, then, 
 was plain, to wit, to sustain, by the whole power of the State, the 
 local authorities in repressing threatened disturbances, and by so 
 doing, to assert the equal rights of all citizens. The loss of life that 
 ensued from the use of military force is a matter of great regret. It 
 is clear, however, that whatever may be the cost, the rights and 
 privileges of all classes of men must be alike protected, or none are 
 safe J and that the prohibition of a procession representing one class 
 of sentiment to-day, upon the demand of its opponents, or otherwise, 
 would be taken as a precedent for interference, on another occasion, 
 with one representing the opposite views, to the constantly recurring 
 disturbance of the public peace, and to the abridgment of the privi- 
 leges of all. I submit to your judgment, whether any new provisions 
 of law are required regulating this matter of street processions and 
 public demonstrations, which, good temper being preserved, have, 
 heretofore, been harmless recreations for those engaged in them and 
 for great numbers of lookers-on. Whatever laws you may pass on 
 the subject should secure equal privileges to all men of whatever 
 religion, of whatever politics, of whatever race, color, or creed. 
 
296 MESSA9ES OF Gov. HoBI'MAif. 
 
 United States SenatOSs. 
 
 I recommend that you pass a joint resolution requesting the Sena- 
 tors and Re-presentatives from this State in the Congress of the 
 United States to use their efforts to have the fallowing amendment 
 to the Constitution of the United States proposed by the Congress, 
 to wit :■ 
 
 " After the adoption of this amendment, Senators fi*om each State 
 shall be chosen by the people of the several States, and not by the 
 legislatures thereof; whenever the term of a Senator is about to 
 expire, his successor shall be chosen by the people of his State at 
 the general election for members of the House of Representatives in 
 such State, occurring next previous to the expiration of such term; 
 and whenever a vacancy shall happen, otherwise than by expiration 
 of term, such vaoanoy shall be filled at the first general election for 
 members of the House of Representatives which shall take place, in 
 the State in whose representation in the Senate the vacancy shall 
 have happened, not less than three months after the vacancy shall 
 have occurred; and, in the meantime, the Grovernor of the State may 
 make a temporary appointment of Senator, until the expiration of 
 one month after the election at which the vacancy shall be perma- 
 nently filled." 
 
 The Legislature of a State has its own proper duties to perform, 
 to wit : That of providing good laws for the internal govei'nment of 
 the State, with which the choice of a Senator of the United States 
 has no natural connection ; and the members of a State Legislature 
 should be chosen solely with reference to these, their proper duties, 
 and not with reference to their probable votes for this or that can- 
 didate for Senator. 
 
 It is obvious, too, that the distribution of Assembly and Senatorial 
 districts in the State may, at times, be such that a majority of the 
 members of the Legislature, although freshly chosen, do not repre- 
 sent the populair majority in the State. In such instances, a 
 Senator may be chosen who is not in accord with the majority of the 
 people, and who, in such oaSe, does not represent the State at large, 
 as he properly should do. I can see no good reason for devolving 
 the election of a Senator upon the Legislature ; while the arguments 
 against doing so are many, and, it seems to me, unanswerable. The 
 people are quite as capable of electing a Senator by their own direct 
 
Messages of Gov. Hoffman. 297 
 
 vote as they are of electing a Governor ; and there is no need of 
 delegating the important power of choosing a Senator of the United 
 States to any electoral body. 
 
 New York. City. 
 
 The recent exposure of great wrongs in the administration of the 
 local government of the city of New York, has aroused public atten- 
 tion, to an extraordinary but wholesome extent, to the necessity of a 
 reform in the conduct of public affairs. In that city, especially, the 
 people have spoken in a way which must not be misinterpreted. 
 They demand an improvement in the condition of their local govern- 
 ment through legislation, which shall have in view neither party 
 nor personal ends, but the permanent general good. The limits of 
 this message forbids a discussion of the causes which, for a long time, 
 have been contributing to the results recently laid bare. For many 
 years, the city had not had a charter under which it was possible 
 for its people, even if they had been willing to attend to their own 
 interests, to have secured an efficient and faithful local government. 
 At one time governed under local laws which failed to fix responsi- 
 bility anywhere, at other times under varied, disconnected and irre- 
 sponsible commissioners, created to enable minorities iu the city to 
 exert political control ; confusion, mismanagement and extravagance 
 were apparent to every one, but the responsible authors thereof 
 were concealed under the complicated machinery which was unwisely 
 substituted for a simple government of the people. In my first an- 
 nual message to the Legislature, while calling attention to evils then 
 existing, I said : " Every dollar paid for taxation should dra,w with 
 it direct responsibility, and every officer should feel himself at all 
 times on trial for his public acts. No party could then long main- 
 tain local ascendency which did not nominate its best men for office, 
 and did not by economy and good government, make their control 
 of afiairs consistent with the interests of the people ;" and I added : 
 " No good government can be secured to any great city unless it 
 shall have one responsible head, in whom shall be vested all exe- 
 cutive power, and to whom, as the elected representative of the people, 
 all departments charged with executive duties shall be directly and 
 summarily responsible and accountable. If, with this as the fund- 
 amental idea, a plan shall be devised which will give to the polit- 
 38 
 
298 Messages of Gov. Hoffmah. 
 
 ical mitiority within the city a just representation in its councils, we 
 shall, doubtless, secure better results in municipal government than 
 have ever before been attained.'' 
 
 The same views, excepting those upon minority representation, 
 had been, on several occasions, in nearly the same language, urged 
 by me while Mayor of New York, and were reiterated in my second 
 annual message, as Governor, in 1870. 
 
 During the session of 1870 the present New York charter was 
 enacted. It received very extensive favor from the press, and passed 
 by a nearly unanimous vote of both Houses of the Legislature ; 
 another form of charter, submitted to them previously at the same 
 session, having been, by a decided vote, rejected. As a wliole, the 
 charter adopted wasia great improvement on the then existing con- 
 dition of things. By its provisions and those of a law passed almost 
 sitnultaneously with it, the former board of Supervisors, the mem- 
 bers of which had been designated in such a manner as to leave the 
 people, practically, no choice in the selection of them, and against 
 whose management of public affairs the complaints had been, for a 
 long time, toany and loud, was abolished, and aldermen, elected by 
 the people at large, under the new charter, were substituted. It broke 
 up the irresponsible district commissions in which the city govern- 
 ment proper had been substantially merged, and provided for new 
 departments embracing every branch of public duty, to be organized 
 by the Mayor of the city. It restored to the people of the city their 
 constitutional right of local self-governtnent, of vfhich they had been 
 for Many years deprived. It defined the responsibility of those iti 
 authority ; so that, in case of wrong-doing, the people could tell at 
 once upon whom to caSt the blame. 
 
 It was a first Step in reform, casting aside, as it did, a very vicious 
 system of government, the evils df which had long been manifest to 
 many, and are now manifest to all. It was not an unusual mistake, 
 tihat in providing a remedy for then existing evils, others, likely to 
 come out of the remedy itself, were overlooked. This was the fatal 
 error in the legislation which, many years ago, transferred the 
 government of the city from the pedple to irresponsible commissions. 
 It will need great caution to avoid like mistakes in framing a new 
 charter. 
 
 The chief defect of the present Charter is in recognizing the mis- 
 taken doctrine of the Congressional tenure of office law, whereby a 
 subordinate in administrative duties is made independent of the 
 appointing power, instead of being subject to summary removal by 
 the chief executive officer for cause satisfactory to him. The length 
 
Messages of Gov. Hoffman. 299 
 
 of term of office assigned to some of tlie departments woald not liiave 
 been found, in practice, objectionable, if the power had been given 
 to the Mayor to remove, summarily, for misconduct. As a substi- 
 tute for this wholesome power of removal, it was provided, in harmony 
 with the erroneous doctrine so prevalent of late years — that good 
 administration is to be secured by scattering instead of concentrating 
 responsibility — that the Mayor should have no power over the 
 subordinate officers, in case of misco.nd'act, except to accuse them 
 before the court of Common Pleas, as the means (and the only means), 
 of removiag them from office, while the Mayor himself was not 
 made subject to removal by the Grovernor. 
 
 A somewhat lengtjienedi tenure of office in some departments of 
 thei city government, such as are created to carry out, or to adminis- 
 ter some apecial work, may he, for many reasons, desirable ; and is 
 not objectionable, if the power be given to the Mayor to reniove, for 
 cause, to be publicly assigned by him, T'hci parlsa of city and the 
 Croton Aqueduct have been thus administered from the beginning. 
 All officers connected with the general administrations of the city 
 affairs, the Comptroller, the Counsel to the Corporation, the Cham- 
 berlain and others, should be appointed by the. Mayor, with or with- 
 out the consent of the Aldermen, be removable by him, and go out 
 of office with him at the end of hia term, as a matter of course. 
 
 My judgment is not in favor of requiring the consent of the Board 
 of Aldermea to appointments. To do so, leads to a division of re- 
 sponsibility and opens the way for bargains whereby one appoint- 
 ment may be dependent for its confirmation upon the consent of the 
 Mayor to give other places to favorites of the Aldermen. 
 
 Though the charter was not all it should have been, it was the 
 best that could then be obtained, and it promised relief from great 
 and long continued wrong, under which the people of the city had 
 been suffering, and from a system of government, the abuses under 
 which are now coming to light. The misconduct, recently exposed, 
 was not a consequence from any of its provisions. 
 
 The responsibility for the wrong-doing, -Hrhioh has very justly 
 aroused public indignation, does not rest so much upon the charter 
 as upon individuals who held office in the city before the charter was 
 passed, and took office also under it. The difficulty with the charter, 
 in this connection, is that it provided no means for summary remo- 
 val from office. The auditing of the alleged claims against the for* 
 mer county government to the extent of six millions of dollars and 
 upward, to which the public attention has been chiefly directed, was 
 made, not under the charter, but under a clause in the bill commonly 
 
300 Messages of Gov. Hoffman. 
 
 called the New York county tax-levy; a clause, perhaps, not ohjee- ' 
 tionahle in itself, if the powers which it conferred had been faithfully 
 and carefully executed. The annual tax-levy of New York should 
 no more he made up by the Legislature than that of any other 
 county. It has been the practice for many years, to have the city 
 tax-levies passed upon by the Legislature, and this has been the 
 occasion of great abuse; the estimates of the city authorities being 
 almost always largely increased by the Legislature. One of the good 
 results looked for from the enactment of the present charter and 
 other laws passed at the same time, was the abolition of the practice 
 of bringing the city tax levies into the Legislature. 
 
 I allude to these facts not because I would recommend retaining 
 the present charter, but because I think they ought to be known 
 and understood. Many of the provisions of this charter cannot, in 
 my judgment; be improved upon, but it is under popular disfavor, 
 and I recommend its repeal and the enactment of a new one in which 
 all that is good of the old one may be retained, all that is evil re- 
 jected, and all that is defective remedied. 
 
 The people of the city have, by their recent concerted and intelli- 
 gent action, proved their capacity to manage their own affairs, and 
 to redress their own wrongs. They demand of the Legislature now, 
 not a return to systems which have, upon trial, proved to be failures, 
 but the establishment of the wisest and best. form of a strictly local 
 government; the prominent features of which shall be executive 
 power and responsibility in its Mayor, clear and well defined ac- 
 countability of all officials and frequent opportunities for the people 
 to rid themselves of a local administration not faithful to their 
 interests. It would not be wise for the State to take any part of the 
 responsibility for the management of the local affairs of New York 
 city. It is the duty of the State to give to the city a good organic 
 law under which its people can manage their own affairs and protect 
 their own interests, and then let them understand distinctly that 
 success depends on their own willingness to attend to their public 
 duties. If they will not give attention to their own affairs, no form 
 of charter, nor provision of law can secure to them good government. 
 Municipal wrongs are not to be cured by the mere passage of a new 
 law, however perfect in its structure; and it is certain that any 
 charter framed to promote personal or partisan interests, will have, 
 as it deserves to have, a brief existence. 
 
 New York city needs a permanent charter, as well as a good one ; 
 one which cannot be nullified or substantially repealed by the sur- 
 reptitious insertion of a clause in a tax levy, or some other bill, or 
 
Messages oe Gov. Hoffman. 30i 
 
 even by specific law, with any and every change in the persons com- 
 posing the Legislature. The charter of a city of amillion inhabitants 
 should "be as well considered, as permanent and almost as sacred- as 
 the Constitution of a State. It should not only provide for the or- 
 ganization and conduct of the various departments of the local gov- 
 ernment, and clothe it with power to raise by annual tax the moneys 
 necessary for its maintenance, but it should limit and restrict its power 
 to create debts, except, by the consent of its people, expressed in a 
 formal and authoritative manner. In this respect, it would be well 
 if we could imitate in part at least our own State Constitution, which 
 after providing Sinking Funds for the payment of existing debts, 
 forbids the creation of any new indebtedness, except with the ex- 
 press consent of the people, for some single work or object to be 
 specified in the law, which must provide also for a direct tax to pay 
 the interest every year, and the principal in a specified period. 
 This permanent character cannot, however, be secured to a charter, 
 without an amendment to our State Constitution. 
 
 In framing a new charter, now, the following points should be 
 kept prominently in view : 
 
 1st. Fixing the responsibility for good administration of all city 
 affairs upon the Mayor; and to this end giving him full power of 
 appointment and removal of all heads of departments, except the 
 police. 
 
 2d. Giving the people an early opportunity for a new election of 
 local officers. 
 
 3d. Making the Mayor subject to removal by the Governor, for 
 malfeasance in office or neglect of duty. 
 
 4th. Providing for a polifce department, with three commissioners 
 to be appointed as follows; one by the Mayor, one by the chief judge 
 of the Court pf Common Pleas, and one by the chief judge of the 
 Superior Court, to be removable, any of them, as in the case of 
 sheriffs, by the Governor, for cause. A board thus constituted and 
 so subject to removal would be, as it ought to be, a strictly local 
 board, subject to the same State supervision as sheriffs, who are 
 conservators of the peace in their respective counties, and as free as 
 any board could possibly be from the danger of improper personal 
 or partisan influence. 
 
 5th. Kequiring full monthly publication of all receipts and expen- 
 ditures, and of all bonds issued, and frequent publication also of all 
 contracts made by any department, with a statement of the general 
 operations of each department and of their pay rolls. 
 
302 Messages of Gov. Hoffman. 
 
 6th. Concentrating the responsibility of those composing what 
 may be termed the legislative branch of the city government, by 
 constLtating this of only one board, a Board of Aldermen not too 
 numerous ; this, board, with the Mayor, acting as Sttpervisois, levy 
 ing all taxes. A second Board is not necessary. The common 
 council is not called upon to pass laws, but to manage the. affairs of 
 a corporation. To divide it into two Boards has the effect simply of 
 scattering responsibility, weakening the sense of responsibility and 
 dividing the watchfulness of the public. Making the Board to con- 
 sist of too many members will tend to the same evil results. If any 
 plan can be devised for giving in the legislative branch of the city 
 government, by election, a just and proportionate, representation to 
 to the minority, it would be a wholesome improvement. In carry- 
 ing out such a purpose, great care must be exercised lest the choice 
 of their representatives be, practically, taken out of the hands of the 
 people, as in the instance of the late Board of Supervisors, which 
 was the worst device of modern times in connection with local gov- 
 ernment. The candidates, named by either party were sure of being 
 returned. The proper purpose of minority representation is to secure 
 to the minority the opportunity of being heard in the public councils, 
 without nullifying the rightful control of the majority or relieving it 
 from its just responsibility. 
 
 7th. Providing that there shall be no debt created except for some 
 single work or object by authority of law, and also under an ordi- 
 nance to be submitted to, or approved by the people of the city ; 
 every ordinance and law authorizing a debt to contain a provision 
 for the extinguishment of the same within a fixed period ; or else, 
 giving to the Mayor an absolute veto upon all ordinances creating 
 or increasing the city debt. Upon all other ordinances, his vote 
 should not be overruled except by the vote of three-fourths of all the 
 members elected to the board of Aldermen ; and in the case of ordi- 
 nances containing several items of appropriation of money, he should 
 have power to veto some of them while approving of others. 
 
 8th. Griving compensation to all officers and appointees of the city 
 government by fixed salaries, and not by fees. 
 
 9th. Providing some well-defined, summary and effectual remedy 
 in the courts for tax-payers against abuses of trust by municipal 
 officers, with the right also given to them, under proper restrictions, 
 to examine from time to time, the affairs of any of the departments. 
 
 10th. Providing that the acceptance of any office in, under or 
 connected with the State government or the Federal government 
 shall vacate any office held by the same person in or under the mu- 
 
Messages of Gov. Hoffman. 303 
 
 nicipal government, and that no person shall hold more than one 
 office, at the same time, in or under the municipal government. 
 
 These suggestions, although made with especial reference to New 
 York city, will apply generally to all large cities. City charters 
 must, of necessity, according to population and 'circumstainces, differ 
 more or less in detail. What is needed in a city of a million of 
 people, would not he required in one of fifty or a hundred thousand ; 
 and a general law aiming at entire uniformity in such charters is, in 
 my judgment, not'desiirahle. The people of any city, "with a charter 
 embracing the general provisions to which I have referred, can, if 
 they choose, keep up a simple, honest and efficient local govern- 
 ment; and under such a charter, if they will frown down corruption 
 among the seekers as well as the holders of office .; if they will con- 
 demn the lavish expenditure of money before leleabion to secure 
 office as earnesfcly as the s'tealing of it afterwaid ; if they will make 
 those who ask their suffrages understand that the condidate who by 
 money demoralizes the elector is as much a criminal as the repre- 
 sentative who takes a bribe ; if they will bear in mind that spasmo- 
 dic reform movements work no permanent good, but that a persistent 
 attention to public affairs, on their part, is necessary to ensure a faith- 
 ful administration by their representatives; they can secure all that 
 is possible under any Jaw or system of laws. 
 
 Simplicity is one great requisite in the charter of a city. With- 
 out it, responsibility can inever be clearly and unmistakably defined 
 and fixed. All complicated schemes which aim to secure to the 
 minority an equal or unequal portion of the executive and adminis- 
 trative offices of a municipality, and so to make it share with the 
 majority the responsibility of government will prove failures. 
 
 Purity of Elections. 
 
 At its last session, the Legislature adopted concurrent resolutions 
 proposing an amendment of the Constitution relative to bribery. 
 They have been duly published, and will, 1 trust, be favorably acted 
 upon by you, so that they may be submitted to the people for their 
 approval at the next general election. The proposed amendment re- 
 lates to the corrupt expenditure of money to infiuence electors in 
 voting, and, if it shall be adopted, laws may be enacted which will, if 
 rigidly enforced, tend to check an evil which has assumed proportions 
 of great magnitude. If I may believe current rumors, men of other- 
 wise good repute are in the practice of standing at the polls in many 
 portions of the State — even in this city, the seat of government — 
 
304 Messages of Gov. Hoffman. 
 
 with money carried openly in their hands, and of paying it, on the 
 spot, to electors for their votes. No such open and shameless use 
 of corrupt means has been charged in the city of New York, much 
 as is said of election abuses there. 
 
 The fact that large sums of money are expended throughout the 
 State at every election is well known. Much of it must be spent for 
 corrupting the electors. In city and in country, men are nominated 
 to office because they have been able to purchase a majority in nomi- 
 nating conventions in the first instance, and because it is known 
 they can expend large sums, afterwards, to promote their own elec- 
 tion and that of their associates on the same ticket. Men, not can- 
 didates, but who take an interest in public affairs, are called upon 
 to contribute, and do contribute liberally toward party success. 
 Individuals and parties are aided by moneyed corporations, who 
 hope in this way to secure favorable legislation for their, own in- 
 terests, or to buy the countenance and support of the government 
 from which they receive their privileges. In this way, the moneyed 
 power of the country is brought in to control elections and secure to 
 itself what it deems strength ; but it does so at the risk of its own 
 safety; for it thus debauches the moral sentiment of the community. 
 The love of money, we are told, is the root of all evil. It is, as- 
 suredly, the root of all evil in free governments ; and the lavish 
 expenditure of money in elections is the chief cause of the corruption 
 in our politics. A man who expends large sums of money to 
 secure an office is apt to seek to make it up to himself when in 
 office. I do not doubt that the multiplication of officers to be elected 
 by the people has had much to do with introducing or increasing 
 this corruption of our politics. The struggle between candidates 
 for local offices is apt to be more intense than the competition for 
 higher place before larger constituencies. It is easier, too, to calcu- 
 late the influence of corrupt means ; and it is easier, by them, to 
 .effect the election of candidates, when the constituency taking part 
 in the election is limited in number. The amendment, submitted to 
 you, will enable the Legislature to deprive of the right of suffrage 
 every one who shall be convicted of receiving a bribe for his vote 
 or of bribing an elector; and to pass laws providing that any candi- 
 date, guilty of bribing the electors, shall be deprived of the office to 
 which, at any election where he was guilty of this offense, he may 
 have been chosen. 
 
 The inconvenience occasioned to the electors, by registry laws, is not 
 to be counted against them, if, by their means, we can ensure pure 
 elections. I have little faith in them to prevent fraud at the polls. 
 
Messages op Gov, Hoffman. 305 
 
 They have been tried and have failed to prevent it. More frequent 
 charges of fraud, and of frauds of a grosser character, have been 
 made since registry laws were put in operation than before. Many 
 who have watched their working insist that they can be easily made, 
 and have been made, a convenient cover for frauds, which, without 
 them, could not have been committed. They have this effect, cer- 
 tainly, that the vigilance necessary to detect illegal voting has to be 
 extended over several days, instead of the one day of election, re- 
 quiring more time for this purpose than men will spare from their 
 private business ; and so the watchfulness over the poll-list is, ordi- 
 narily, less general and probably less complete than under the system 
 of challenging on the day of election. 
 
 Upon principle, a registry law, if any be passed, should apply to 
 all parts of the State alike. Yet I am satisfied that intelligent 
 publid opinion in the rural districts, among men of all parties, does 
 not favor one there. The inconvenience and expense to the electors 
 in such districts, from such a law, are very great, with no adequate 
 good result in compensation. The conviction, however, prevails 
 extensively among intelligent men that, in large cities, registry laws 
 can be made useful in securing the purity of the ballot ; and this 
 conviction is so strong that the continuance of the system in the 
 larger cities may be advisable. All laws requiring a registry of the 
 electors, previous to an election, should be made as little vexatious 
 and oppressive to honest voters as is possible, consistently with se- 
 curing proper identification of the person claiming the right to vote 
 and due examination of his right. It must be borne in mind that 
 it is not the province of a registry law to define the qualifications of 
 voters, or to confer or restrict the right of voting. That right is 
 conferred by the Constitution, and cannot be taken away by act of 
 the Legislature, except in the few cases specified in the Constitu- 
 tion. Any law which you may pass, therefore, ought not to be 
 framed so as to work the actual disfranchisement on the day of elec- 
 tion of any elector who, for good reasons, such as sickness or absence 
 from home, or his not having arrived at full age until after the last 
 day of registry, was unable to have his name registered. 
 
 The complaints with regard to the late election in New York and 
 Brooklyn, made through the press, are chiefly of false counting of 
 ballots and false returns by inspectors of election. The general sus- 
 picion of the existence of such an evil is almost as injurious as the 
 practice itself; our people, if led to believe that it is carried on ex- 
 tensively, will neglect to vote, and will lose their habit of submitting 
 39 
 
306 Messages op Gov. Hoffman. 
 
 quietly to the result of an election. The crime is, under our form 
 of government, one of the worst, in its nature and in its effects, and 
 should be punishedi accordingly. It is a practice which, persisted 
 in, is more likety to overturn our government than any open war 
 that can be levied' against it. W e have -wisely, in our statutes, re- 
 stricted the definition of the crime of treason to actS' of open war 
 against the State government, and to combinations of one or more 
 persons to overturn it by force. The crime of making false returns 
 of votes cast at an election is, nevertheless^ of the nature of treason,; 
 for it seeks to take away the lawful- power and destroy the rights of 
 the true sovereign in our government, the people. 
 
 You have the power to attach what penalty you think necessary 
 to any speciias of offense against the laws ; and those imposed should 
 be suflSciently severe to deter men from committing crimes, yet not 
 so extreme as to be likely to protect them from conviction. 
 
 Effectual liaws against bribery of the electors and to take away an 
 office obtained by bribery, through protection of the right of chalt 
 lenge on election day, severe penalties against miscounting of votes 
 and against IHegal' voting, ought to suffice for the protection of the 
 ballot, and will suffice, if citizens, juries and public officers will do 
 their duty. 
 
 Purity or LEGisiiATioN. 
 
 The people cannot be too fully, awakened to the dangers insepar- 
 able from, the growth of moneyed, power in- this country, whether 
 wielded by individuals or oorporaitions. It makes itself felt everyr 
 where in our politics, and aims to conti'ol, and too often does control 
 legislation in. Federal and State capitals. We cannot directly strike 
 at it in other States^ or at Washington, but we can begin at the 
 capital of our own State, and set an example to others. There is a 
 popular belief that much important legislation,, in past years, here, 
 has been influenced by the direct use of money. This belief is so 
 general and wide-spread, that iais due to the people that there should 
 be a prompt and thorough legislative inquiry to ascertain whether it 
 is. well founded. If it be so, guilty men should be broughtto jus- 
 tice under existing laws, if that is possible. If not, then proper 
 laws should be passed to meet cases which may hereafter, arise. The 
 people will be slow to obey laws which, they believe, are enacted by 
 a corrupt Legislature. Their demand to-day is not for municipal 
 reform only, but for reform in every department of government, 
 
Messages of Gov. Hoffman. 307 
 
 State and Federal, in which abuseB may be shown to exist. Au- 
 thority, whether exeeutive or legislative, to be cheerfully obeyed, 
 must b6 respeeited and honored. 
 
 GONSTITUTIONAL REFORM. 
 
 A few years ago the people of this State votedin favorof holding 
 a convention to frame a new Constitution,; thus expressing their 
 dissatisfaction with the existing Constitution. The convention was 
 held; but, on the result of its deliberations being submitted to a 
 vote, the people rej;eoted the proposed new instrument, with the ex- 
 ception of one article, to wit, that relating to the judiciary. It is 
 not a fair inference from this action of the people that they desired 
 a convention for the single end of amending the judicial system of 
 the State. That could have been done by the simple process of sub- 
 mitting, after due consideration by the Iiegislature, a single amend- 
 ment, covering the one subject. The vote of the people calling a 
 convention indicated that they recognized many defects in our ex- 
 isting Constitution. The vote rej ecting the substitute proposed by the 
 convention indicated that, in the popular judgment, the remedies 
 suggested for these defects were not sufficient or satisfactory. 
 
 In my opinion, the present Constitution of the State is very defect 
 ive as a frame Work of efficient Republican Government. In con- 
 sidering this subject, it must be borne in mind that the population 
 of this State is now larger than that of the whole Union when the 
 Constitution of the United States was pat into operation, and that 
 our State has, in fact, in the number of its people and the great 
 interests protected by its laws, the proportions of a nation. It must 
 also be remembered that the comfort, welfare, and happiness of the 
 people are affected in a very much greater degree by the laws of the 
 State, and the manner of their enforcement, than by the operations 
 of the general government The title to property and the rights of, 
 and the restraints upon the owners of property, are regulated by 
 State laws. The enforcement of business contracts of every nature 
 are, in the main, in the hands of the State courts. The detection 
 and repression of crime are dependent, except in a few rare instances 
 upon the enactment of proper criminal laws by the State Legisla- 
 ture and their due enforcement. The order of the community is 
 under the guardianship of State laws, and dependent upon State au- 
 thorities for its preservation. The powers of our municipal govern- 
 
308 Messages of Gov. Hoffman. 
 
 ments, whose action influences still more sensibly the peace and 
 comfort of every man's home, are conferred and defined by the State 
 government. It is obvious, therefore, that it is a matter of trans- 
 cendent importance to every citizen of this great Commonwealth, 
 that it should possess a wisely constructed frame-work of govern- 
 ment, adapted to secure the most wholesome legislation, the most 
 efficient enforcement of law, the most faithful administration of its 
 affairs, and an uninterrupted maintenance of order. 
 
 I do not recommend the calling of another Convention to revise 
 the Constitution, at this time. The attention of the people will be 
 much engrossed this year by the Presidential election ; but I trust 
 that, immediately after that event, the efforts of our best citizens, of 
 all parties, will be united to effect a thorough revision. Nor am I 
 sure that a Convention is a necessary, or the best means by whieh to 
 attain the end. 
 
 A commission of thirty -two (32) eminent citizens, to be made up 
 by selection of an equal number from each of the two great political 
 parties, would, it seems to me, be as likely to work out a good 
 result as a larger body. 
 
 Such a commission could have all the benefit of the debate inci- 
 dent to a larger body through intelligent discussions in the press, 
 and the voluntary suggestions of thoughtful citizens ; and would be 
 almost certain to agree upon amendments which would secure the 
 popular approval. 
 
 If you should be of the opinion that it is wise to appoint a com- 
 mission, there can be no objection to your creating it at this session. 
 Its report would not be made until after the Presidential election, 
 when the public mind would be in a condition to examine calmly, 
 and to decide wisely. True, it is not the mode provided in the pre- 
 sent Constitution for a revision of that instrument, but it cannot be 
 doubted that a Constitution prepared by such a commission and 
 submitted by them to the Legislature and by the Legislature sub- 
 mitted to the people in due form, would, if approved by a vote of 
 the people, be regularly established and become substituted for the 
 present Constitution. 
 
 You have, moreover, the constitutional power to originate any 
 amendments to the existing Constitution ; and if the same shall be 
 concurred in by the Legislature, to be chosen in eighteen hundred 
 and seventy-three (1873), they may be submitted to a direct vote of 
 the people, and if approved by them, will become a part of the Con- 
 stitution. 
 
Messages op Gov. Hoffman. 309 
 
 My convictions are so strong that the present organic law of this 
 State is full of serious defects, that I feel justified in calling your 
 attention to the subject and pointing out the particulars in which, 
 in my judgment, it fails as a means of securing to us the best pos- 
 sible administration of our public affairs. 
 
 The Constitution of the United States was constructed by a con- 
 vention made up of the wisest and ablest men to be found in the 
 thirteen {States which then composed the Union. Each of these 
 States had been obliged, some years earlier, to frame a constitution 
 for its own government. The delegates from the several States did 
 not, therefore, come together as men inexperienced and new to the 
 work they were called upon to perform. They brought with them, 
 from their several constituencies, varying and indeed conflicting 
 ideas of the powers which ought to be conferred upon the new gov- 
 ernment about to be established, and the manner in which those 
 powers ought to be distributed among its several departments. 
 
 There is,^of course, this difference between that instrument and 
 the constitution of a State : that the former originated a special 
 government and conferred on it certain powers and none other, while 
 in the State government all the powers of government inhere, except 
 such as, by the Constitution of the United States or by its own Con- 
 stitution, it may be forbidden to exercise. This difference does not 
 affect the question of how the powers of government may wisely be 
 distributed among the different departments, executive, legislative 
 and judicial, nor that of how to provide the instrumentalities 
 through which the government is to be administered. In most of 
 these particulars the Constitution of the United States may wisely 
 be followed. 
 
 Under the existing Constitution, the executive department of the 
 State is not so organized as to insure the most efficient administration 
 of affairs, and the most complete and direct responsibility. The 
 duty of the chief executive officer, the Governor, is to see that the 
 laws are faithfully executed. It is obvious that in the selection of 
 the subordinate officers upon whom, within their separate depart- 
 ments, the duty is devolved of executing the laws of the State and 
 administering its affairs, the chief Executive ought to have a con- 
 trolling voice. The experience, alike of public affairs and of private 
 business, prove the expediency of a single executive. The laws 
 and the rules under which public or private business is to be man- 
 aged are to be carefully laid down and precautions taken against 
 their violation ; but, when, subject to these rales and within their 
 limits, the chief direction of affairs is given to one person, the best 
 
310 Messasbs of Gov. Hoffman. 
 
 safeguard for faithful administration is provided, by concentrating 
 responsibility. The Governor ought to be held responsible for 
 every branch of the actual administration of the State's afiairs. 
 Under our present Constitution, all the important departments are 
 separated from his control. In the management of the finances of 
 the State, of the Canals, of the State Prisons, in the prosecution of 
 crime, the chief Executive of the State has not, as he should have, 
 the directing power. In order that responsibility may be full, direct 
 and unmistakably fixed, and that the people may alwa.ys know who 
 is to blame for any maladministration, all the heads of administra- 
 tive departments should be subject to the supervision and the cor- 
 recting power of the Governor. The duties of the Secretary of 
 State are so directly connected with the details of executive action, 
 especially in the matters of appointment to office and the issuing of 
 pardons, that he ought to occupy the position of chief assistant and 
 adviser of the Governor ;' and ought to be selected by him. The 
 Attorney General is the legal adviser of the Governor. The chief 
 executive officer of the State should be allowed the privilege which 
 all men exercise, of selecting for a legal adviser such person as is, 
 in his judgment, the most competent. The Attorney General ought 
 to have supervision over and be responsible for the conduct of all 
 that class of officers, throughout the State, which is charged with 
 the duty of prosecuting for crime and other violations of State laws. 
 Prosecuting officers for offenses against the laws of the State, now 
 erroneously called District Attorneys, should not be county officers, 
 but be the deputies of the Attorney General, appointed by him or 
 by the Governor on his recommendation. In this way, responsibility 
 for the due enforcement of the laws could be brought home, as it 
 should be, directly to the Governor, upon whom the duty is devolved 
 to see that the laws are faithfully executed. 
 
 It appears to me proper that the Secretary of State and the At- 
 torney-General should be appointed by the Governor without the 
 intervention of the Senate, and hold office during his pleasure ; and 
 that the Comptroller, a Superintendent of Canals, and a Superinten- 
 dent of Prisons, should, with or without the consent of the Senate, 
 be appointed by the Governor to hold office during his own term, 
 but removable by him at any time, for cause. These officers would 
 form a valuable council to the Governor. 
 
 On the Superintendent of Canals should be devolved all the duties 
 now performed by the three Canal Commissioners and the State En- 
 gineer. 
 
Messages o:b Gov. Hoffman, 311 
 
 The managemeut of the prisone of the State needs great refoim 
 which cannot be secured by a mere change of officers ; the system is 
 at fault. A constitutional amendment has beeii< suggested putting 
 these institutions under thei charge of a Boaord of Citizens who are 
 not to be paid for their services. While that would be an improve- 
 ment on the present system, reflectiD* upon the subject haSi eon- 
 Yinced me that a better aaujendment would be to supersede the pre- 
 sent commission of three Inspectors (elected, one every year by the 
 people) by one Inpeotor of State Puisons to be^ appointed by the 
 Goveinor and to be removafek by him. An advisory or examining 
 board of citizens might be valuable in addition ; but for the actual 
 administiatioQ of prison affairs and the appointment of all. subordinate 
 officers, it would be better to have the responsibility concentrated 
 upon one man, that one man being accountable to theGrovernor, than 
 to have this reaponsibiJity divided among the members of a board 
 or a commission. 
 
 It might be well that the State Treasurer,, being the actual custo- 
 dian of the, public moneys, and perhaps the Superintendent of Public 
 Instruction, should be appointed by joint ballot of the two houses 
 of the Legislature ; but all other administrative officers of the State, 
 in addition to those heretofore named,, should,, in my judgment, be 
 appointed by the Governor, with or without the consent of the 
 Senate, so as to make his responsibility for the good management of 
 the public affairs completei In eonneotipn, with, this part of the 
 subject, I would recommend that the term of office of the Governor 
 be extended to three years, which was its, duration under the first 
 Constitrnjiion of the State. If these changes could be made in the 
 Constitution, the people would have an opportunity once in three 
 years,, of putting out of power the entire admijmstratxon and. bringing 
 in a new set of men, whereas now they can make only a partial 
 change every year. It has occurred more than once in consequence 
 of a part, of them going out of office each year,, that some of the ad- 
 ministrative offieers of the State have been of one party, and others 
 of the opposing paity ; a condition of things thatbewilders the popu- 
 lar judgment when seeking to fix responsibility, for maladministra- 
 tion. ' 
 
 In the Legislative Department there is great need of providing 
 additional safegjiards. against faulty and special legislation. For 
 twenty years past, the laws passed exceed an average of five hundred 
 a year j for the last six years they average over eight hundred a year, 
 and it requires now two very bulky printed volumes of above two 
 thousand pages to record the acts of each session. There can be no 
 
312 Messages of Gov. Hoffman. 
 
 necessity for this mass of legislation. More than one thousand bills 
 are now passed in a session ; as the session lasts only about one hun- 
 dred days, it will be seen that at least ten bills a day have to be 
 passed through both houses, and as three readings should be had of 
 each bill in each house, it is plain that deliberation by the members 
 of the two houses over proposed laws is impossible. 
 
 Notwithstanding the deference which it is natural that the Exe- 
 cutive should pay to the Legislature in matters pertaining to their 
 special duty, that of law-making, I have found myself obliged, in 
 the course of three sessions, to withhold my official approval from 
 an aggregate of three hundred and ninety-one bills. In addition, 
 more than one hundred bills have, after being delivered at the Ex- 
 ecutive chamber, been recalled by the Legislature for reconsidera^ 
 tion, in order to correct inaccuracies or strike out objectionable pro- 
 visions, discovered in my examination of them. It is not right to 
 rely solely upon the Governor to review proposed legislation. It 
 must happen, under the present habit of passing laws, that bills will, 
 at every session, receive the Executive approval containing provisions 
 which escape his scrutiny, and to which, if his attention had been 
 called to them, he would tave objected. The people must do their 
 part, in guarding against improper legislation, when selecting their 
 representatives in the Legislature ; and the organic law should be so 
 framed as to promote a wise selection. 
 
 Provision ought to be made in the Constitution securing the 
 actual reading of every proposed law on three separate days in each 
 house, and forbidding any substitute for the full and free discussion 
 which pertains to consideration of a bill in committee of the whole 
 house. 
 
 The provision in the existing Constitution limiting the session of 
 the Legislature to one hundred days, has had no good practical effect. 
 It has not lessened the amount of legislation ; it has simply caused 
 the members to act with the more haste. The restriction should be 
 removed and a fair annual salary be paid to Senators and Assembly- 
 men. There is no true economy in withholding from public servants 
 a just compensation for their labor. 
 
 As a better restraint upon undue prolongation of a session, I sug- 
 gest that power should be given to the Governor to prorogue the 
 Legislature, at any time, after it shall have been in session for one 
 hundred days. 
 
 The chief office of a Senate should be to review the action of the 
 other house, to check and restrain improvident, hasty or unwise 
 legislation j and, for the best discharge of this duty, it should be 
 
Messages of Gov. Hoffman. 313 
 
 composed of men well veised in public affairs. Its name imports 
 that it is to be a council of men of long expeBieiace. Every induce- 
 ment should be held out to attract the right men to service in this 
 body. The public cannot expect, any more thaij a private person, 
 to command valuable services unless it offers an adequate reward. 
 This reward need not be wholly pecuniary ; the dignity of an office 
 is often a more powerful inducement to the class of men we need in 
 the public service. A long term and a lar^e constituency would 
 greatly enhance the dignity of the office' of iSenator, and make it at- 
 tractive to our most distinguished citizens. If the Senatorial term 
 were made four or five years, and the State were divided into a small 
 number of Senatorial districts, so as to throw the ohoioeof Senator 
 upon a large constituency, and the compensation made a fair one, I 
 do not doubt that the ablest and most experienced of our public men 
 would be found ready to apply themselves, in the Senate, to the im- 
 portant duty of securing good laws for the people. 
 
 In the constitution of the house of Assembly no improvement 
 suggests itself to me, except to abolish the single Assembly districts 
 as now established, and restore county representation; that is to 
 say, that every county shall elect the whole number of Assembly- 
 men to which it is entitled upon a general ticket. 
 
 In respect to the Judicial Department, the action of the people 
 is so recent in adopting the new sixth article of the Constitution 
 (still fnther action on their part next year, upon the mode' of select- 
 ing judges in the future, being also already provided for), that it 
 would not be wise to have any changes made. 
 
 Among the general provisions of the Constitution, there ought 
 to be one limiting the amount of lindebtedness which municipalities 
 may incur, and defining the purposes for which it may be incurred. 
 Uniformity of the several classes of local governments, counties, 
 towns, villages, ought to be secured by constitutional guaranty; so 
 as tO' prevent speciallegislation with regard to them. It is imprac- 
 ticable, as I have already said to frame a uniform charter for our 
 cities. But there are certain fundamental characteristics which 
 ought to be found in all city charters, and ought to be secured by 
 constitutional provision. 
 
 There should be more specific constitutional restraints upon legis- 
 lative power to grant special charters for corporations; upon special 
 legislation generally ; upon legislative awards of extra compensa- 
 tion to claimants under contracts and otherwise ; all of which tend 
 40 
 
31-i Messages of Gov. Hoffman, 
 
 greatly to encumber the statute book, demoralize the Legislature, 
 and deplete the Treasury. 
 
 The veto power needs to be made more effectual. Two-thirds of all 
 the members elected to either House should be required to overrule 
 a veto, and where a bill contains several items of appropriation of 
 money, the Governor should be authorized to refuse his assent to 
 one or more of the items, while approving of others. 
 
 I have dwelt at this length upon the defects, as they appear to me, 
 of our present Constitution, as the best method of inviting atten- 
 tion on the part of the Legislature and the people to the subject. 
 
 The excitement of a long war, and the events succeeding it, have 
 operated to divert our attention from our immediate home affairs. It 
 is time we began to look to them. 
 
 The framers of the Constitution of 1846, eager for decentrali- 
 zation of power, made the mistake of supposing that this was to be 
 effected by breaking apart and disconnecting the machinery whereby 
 the State government is to be carried on, and by multiplying the 
 number of elective officers. Decentralization consists in giving to 
 to the people of every county or other political subdivision com- 
 plete control of their own proper local affairs, not in giving to the 
 people of a county the selection of State officers, of officers whose 
 duties are exclusively connected with the general affairs of the 
 State and the enforcement of the laws of the State. It is singular 
 that true decentralization, which is to be found in enlarging the 
 powers of the Boards of Supervisors of the several counties, was not 
 provided for in the Constitution except by leaving the matter to be 
 regulated by the Legislature. 
 
 Of the various methods by which a revision of the Constitution 
 may be undertaken, my preference is for the appointment of a com- 
 mission consisting of thirty -two members; and I recommend the 
 passage of an act for the appointment of such a commission. 
 
 Mindful of the fact that the majority of the Legislature and the 
 Executive are of opposed political parties, I refrain from discussing 
 questions connected with the administration of the Federal govern- 
 ment, upon which our opinions and views would widely differ; 
 hoping that, in dealing with the home affairs of the State, we may 
 be able to work together, earnestly and heartily, for the promotion 
 of the general welfare of our people. 
 
 JOHN T. HOFFMAN. 
 
SPECIAL MESSAGES, 1872. 
 
 } 
 
 Executive Chamber, 
 Albany, January 2, 1872, 
 To THE Legislature : 
 
 The financial condition of New York city is a matter of great in- 
 terest to the people of the State at large, and, in some degree, to the 
 commercial world ; its stocks and bonds being held for investment at 
 home and abroad. In view of recent events, I deemed it my 
 duty to procure for you full information as to its liabilities and re- 
 sources, and addressed a letter to the chairman of the State board 
 of commissioners for revision of the tax laws, the Hon. David A. 
 Wells, who seemed to me specially fitted for the work, requesting 
 him to investigate and report to me. In consequence of delay in 
 his obtaining some of the facts, his report did not reach me until 
 my annual message was in print. My letter to him and his reply 
 are as follows : 
 
 Executive Chamber, 1 
 Albany, November 25, 1871. ) 
 
 My Dear Sir — The financial condition and credit of New York 
 city are of interest as well to the people of the State at large as to 
 its own citizens. It is important that the actual condition of our 
 great Metropolis, in reference to its indebtedness and its resources, 
 should be made known with accuracy ; and I desire to communicate 
 the facts to the Legislature with the people of the State in my next 
 message. Will you undertake to investigate the matter in my 
 behalf? 
 
 Very truly yours, 
 
 JOHN T. HOFFMAN. 
 
 Hon. David A. Wells, Chairman, etc. 
 
 New York, Decemher 28, 1871. 
 Sir — In response to your note of November 25th, requesting me 
 to investigate and report to you on the relation which exists between 
 
316 Messages of Gov. Hoffman. 
 
 the indebtedness of the city and county of New York, and the re- 
 sources available for the payment of such indebtedness, or the ex- 
 tent of the resources or property which may be fully regarded as 
 constituting an adequate and inalienable security for the ultimate 
 payment in principal and interest of such indebtedness, I have the 
 honor to submit the following exhibit : 
 
 FtrJjDED Debt. 
 
 By report furnished on request by Hon. A. H. Green, Comptroller, 
 it appears that the funded debt — bearing fiw., six, and seven, per 
 cent, interest — of the city and county of New York, was, on the 16th 
 day of Deeeinber, 1871, 187)371,808.51 ; and the assets of the sink- 
 ing fund of the city and county — consisting of stocks and cash — i- 
 available for the redemption of debt, were, on the same day, $20,- 
 137,093.02 J thus making the present net funded debt of the city 
 and county of New York, $67,234,715.49. 
 
 Floating oe Temporary Debt. 
 
 The temporary or floating debt of the city and county of New 
 York — consisting of bonds issued in anticipation of receipts and 
 assessments, arrears of interest, State taxes, unpaid warrants and the 
 like— was, on the 16th day of December, 1871, $28,259,071.35; 
 or, deducting cash on hand — $6,959,919.62 in the city and county 
 treasury— $21,299,152.73. 
 
 In addition to the above, the Comptroller also reports claims al- 
 ready presented on unsettled accounts, to an estimated aggregate of 
 $6,000,000 ; which last included would make the total ascertained 
 debt and " claims presented " of the city and county of New York, 
 on the 16th of December, 1871, $94,523,867.22. 
 
 Prospective Indebtedness. 
 
 So much for the present aspect of the indebtedness of the city and 
 county of New York. In respect to the future, it is to be noted : 
 
 First. That much of the existing temporary and floating debt of 
 the city and county of New York, as above indicated — including 
 
Mbssaqes of Gov. Hoffman. 317 
 
 an aggregate of assessment bonds issued in anticipation of the tax 
 receipts of $14,950,700.00 — is redeemable from tbe collection of 
 assessments, or arrears of taxes, and that a very considerable amount 
 of these assessments and arrears is certain to be collected j and, 
 
 Second. That the city holds bonds and mortgages on account of 
 sales of real estate tP the amoiint of 11,132^893.26; the proceeds of 
 which, wheri collected, are applicable for an increase of the sinking 
 fund held for the redemption of the funded debt. 
 
 On the other hand, it is known that claims to, a very considerable 
 amount for services rendered and materials furnished to the several 
 departments of the city and county government duringthe year 18,71, 
 and previously, are yet to be presented, and that the carrying out of 
 such public works as are already in progress or are certain to be au- 
 thorized, will also require further additional expenditures. 
 
 But in estimating the amount of these prospective requirements 
 for expenditures, it should not be overlooked, that the amount of 
 claims against the city, yet to be presented, is not likely to be in ex- 
 cess of the arrears of assessments and taxes yet to be collected j and 
 further, that the amount to be hereafter expended on aeount of pub- 
 lic improvements cannot, with any regard for economy and modera- 
 tion, ever prove disproportionate to the concurrent increase in the 
 material resources of the city, arising from its certain and rapid in- 
 crease in wealth, business and population. 
 
 So that, making every allowance for contingencies, or any immediate 
 advances on account of public improvements, tlie total present liabili- 
 ties of New York city and county, may be safely estimated as not in 
 excess of one hundred millions of dollars ; and further, that the ratio 
 which the liabilities of the city and county, at present, sustain to their 
 assets find resources, is not likely to be changed, for the worse, in the 
 future ; certainly not, if the safeguards against corruption and ex- 
 travagant expenditure, suggested by recent experience, are by the 
 Legislature authorized and provided. 
 
 Influence of PtrBLio Improvements in Augmenting the 
 Sources of Municipal Revenue. 
 
 As bearing upon the question of future municipal liabilities, on 
 account of expenditures for public improvements, it is interesting to 
 note the result which has followed one of the largest single items 
 of expenditure authorized by the city for such purpose, and which 
 at the time of its inception was denounced by many as a measure of 
 
318 Messages of Gov. Hoffman. 
 
 indefensible extravagance. We refer to the expenditure incurred 
 by reason of the construction of the " Central Park ;'' the cost'of 
 which, up to 1869, is returned at $10,463,965. 
 
 Now, an examination of all the facts pertaining to this expendi- 
 ture will show, that so far from its having been a burden upon the 
 city treasury, it has really proved a direct and important source of 
 revenue. Thus, in 1856, before the park was commenced, the total 
 valuation of real estate for taxation in the three wards around the 
 park, the twelfth, nineteenth, and twenty-second, was $26,429,566 ; 
 but in 1866, when the park had been practically completed, the 
 valuation of the same property for assessment was returned at 
 $80,070,415, an increase in ten years, of $53,640,850. And further, 
 the revenue received by taxation on this increased valuation, was 
 sufficient, in 1870, to not only pay the interest on all the bonds of 
 the city issued for the park purchase and construction, but actually 
 afforded a surplus of over ($8,000,000) three milUons of dollars ; or 
 a sum sufficient, if used as a sinking fund, to pay the entire prin- 
 cipal and interest of the cost of the park, in less time than the park 
 was in the course of construction. 
 
 Assets and Kesources. 
 
 The maximum of the liabilities of the city and county, on account 
 of indebtedness, having been thus estimated, we come next to the 
 no less important consideration of the assets and resources available 
 for the payment of such indebtedness ; or the real tangible property 
 which may be properly regarded in the nature of security or gua- 
 ranty for the payment of such obligations of indebtedness as the city 
 and county of New York may have lawfully issued. 
 
 Any valuation of the public property of the city must from neces- 
 sity be very indefinite, inasmuch as many of the items which would 
 be included in any inventory — as the streets, sewers, lamps, public 
 monuments and the like, are not susceptible of a money valuation ; 
 and if attached, would be practically of no benefit in the hands of a 
 city creditor ; but apart from these, it cannot be doubted that the 
 value of the lands and buildings, wharfs, water, ferry and market 
 rights in possession of the city and county, and which can be readily 
 convertible in open market into a money equivalent, is in excess of 
 every present municipal or county indebtedness. 
 
MESSAaES OP Gov. Hoffman. 319 
 
 The valuation of the puhlio property of the city of New York, 
 given by the mayor in an official oommunicatioh to the board of su- 
 pervisors, August 16, 1271, was $242,985,499. 
 
 In this valuation were comprised the following : 
 
 Markets 14,767,374 
 
 Sundry lots of land 2,719,307 
 
 Wharfs and piers 13,322,433 
 
 Public parks and squares 106,416,490 
 
 Total $126,725,574 
 
 Next to the so-called public property of the city and county, the 
 property most rapidly available for attachment and levy in case of a 
 default in the payment of the principal or interest of the city's in- 
 debtedness, is the real estate of the city and county, the revenue 
 derived from the assessment and taxation of which constitutes also 
 the main element and strength of its municipal credit. 
 
 The valuation of this class of property for the year 1871, as re- 
 turned by the commissioners of taxes and confirmed by the board 
 of supervisors, was $769,306,410. But it ought to be clearly un- 
 derstood, that this valuation for tax purposes does not represent any 
 fair valuation of the property assessed, or even an approximation 
 thereto, and in great part for the following reasons. 
 
 The taxation required to defray the expenditures of the State, as 
 a whole', is apportioned to the several counties of the State according 
 to their property valuation ; and hence there has been for years, and 
 is now, a strife between the different boards of county officials to 
 run down the valuation of property to the very lowest practical figure, 
 in order to divert as large a proportion of the State taxation as pos- 
 sible from themselves, and throw it upon their neighbors ; and as some 
 of the counties in the interior of the State have been so successful 
 in doing this as to actually reduce their valuation to twenty per cent 
 and even a smaller proportion of the real and true value of the pro- 
 perty assessed, a similar course of procedure has been forced upon 
 the tax officials of New York, as a matter of necessity and local pro- 
 tection. And thus it has come about that, instead of the returned 
 assessment valuation of $769,306,410 for 1871-2, representing the 
 true market value of the real estate of the city and county of New 
 York, in private ownership, it does not, in all probability, represent 
 more than forty per cent, of such true value ; an estimate which, in- 
 stead of being a conjecture, is based on a large amount of evidence, 
 
820 Messages op Gov. Hoffman. 
 
 -recently oollected by an expert for the board of commissioners for 
 revising the laws of the State relative to taxation. 
 
 The conclusion, therefore, seems warranted that the vata* of the 
 real estate of the city of New York — public and private — which 
 may be fairly regarded as an available security for the liquidation of 
 the city and county debts, cannot be less than two thousand million, 
 dollar;s on which the present debt, as above estimated, namely, 
 $100,000,000 would be equivalent to a mortgage of five per cent. 
 
 In this estimate, it will be observed that no account has been taken 
 of the valuation of the personal property owned or held by citizens 
 of the city or county of New York. The amount of such property 
 valued and assessed for the year 1871-2 was $306,947,223. The 
 investigations of the State commissioners lead, however, to the con- 
 clusion that this amount does not represent so much as twenty per 
 cent, of the real value of this description of property concentrated 
 in the city of New York ; or, in other words, that the true value of 
 the personal property of New York city cannot be estimated at less 
 than fifteen hundred millions. Much of this property, it must be 
 acknowledged, can never be reached for assessment purposes by any 
 law which the ingenuity of man can devise, or which any civilized 
 people would tolerate in respect to execution ; but, whether returned 
 fbr assessment or not, it nevertheless exists, and by increasing the 
 ability to pay, operates to decrease the real burden of taxation im- 
 posed on other property of a more tangible and accessible character. 
 
 It is also to be noted that if the new plan of assessing personal 
 property recommended by the State board of commissioners, and 
 which is to be presented this winter to the Legislature in the form 
 of a definite code, is adopted, namely, doing away with the direct 
 assessment of individuals for personal property, and substituting 
 therefor, as an equivalent the assessment of individuals on a valua- 
 tion of three times the rent or rental value of the premises by them 
 occupied, the amount or equivalent of such property returned for 
 assessment and taxation will be very greatly increased; and the 
 financial resources of the city be thereby correspondingly augmented. 
 
 Inceease oe New York in Population and Wealth. 
 
 In estimating the prospective ability of the city of New York to 
 sustain and liquidate indebtedness, the recent and, prospective in- 
 crease of the city in population and wealth constitutes an element 
 
MESSAaBS OF Q-OV. HoFFMAlSf. 321 
 
 of not a little importance. Thus, from 1820 to the year preceding 
 the outbreak of the oivil war, 1860, the average rate of increase for 
 each successive period of five years, was 28 per cent; a continuous 
 rate of growth, probably without precedent, in any country. During 
 the period of the war, or from 1860 to 1865, the population of the 
 city decreased 9| per cent. Since 1865, or during the five years 
 from 1865 to 1870 inclusive, the gain in the population was 26f per 
 cent ; thus indicating that the average rate of increase experienced 
 prior to 1860, was again likely to be approximated. 
 
 The increase in the valuation of the property of the city and 
 county for assessment purposes, during the ten years frpm 1860 to 
 1870, was 82^ per cent. 
 
 The present increase in the value of the real estate of the whole 
 city for assessment purposes, is estimated by experts to average 
 about _/Jwe per cent, per annum. 
 
 Relation op Taxation to Population and Property. 
 
 It is also interesting to note the relation which taxation sustains 
 to population and property in New York and some of the other lead- 
 ing cities of the country. The following data are derived from the 
 most authentic sources. 
 
 Gity of New York. — Population, 1870, 952,292 ; aggregate State, 
 city, county and school taxes, 1870, $25,403,859 j special taxes as 
 estimated by officials, $2,000,000; total taxation, $27,403,859. 
 Taxation jjer capita, $29.08. 
 
 Boston. — Population 1870, 250,526; aggregate of all taxation, 
 1870, $9,050,420; taxation per capita, $36. 
 
 CAica^o. — Population 1870, 298,977; total taxation, general 
 and special, 1870, $9,256,338 ; taxation per capita, $80. 
 
 But as in the opinion of some experts, the burdens of taxation in 
 any community are properly represented by the relation which the 
 aggregate of the annual levy of taxes sustains to the value of pro- 
 perty assessed, attention is further asked to the following compari- 
 sons: 
 
 In Boston and Philadelphia, real estate is returned for assessment 
 at nearly its full marketable value. On this basis, the relation of 
 taxation to real estate valuation in these two cities would be as 
 follows : 
 
 41 
 
322 Messages op Gov. Hoefman. 
 
 Boston. — Real estate valuation, ,1870, $365,593,100; aggregate 
 taxation 1870, $9,050,420 ; ratio of taxation to real property valua- 
 tion, 1 to 40. 
 
 Philadelphia. — Real estate valuation, 1871, $491,844,086; ag- 
 gregate taxation, 1871, $9,026,753; ratio of taxation to real pro- 
 perty valuation, 1 to 54. 
 
 Cincinnati. — Real estate valuation as made anew for 1871, $128,- 
 427,888; aggregate taxation 1871, $4,004,035; ratio of taxation to 
 real property valuation, 1 to 30. 
 
 In the city of New York, on the other hand on valuation of real 
 estate acknowledged to he only about 40 per cent, of the real prop- 
 erty, the ratio of aggregate taxation to real property valuation would 
 have been in 1870, as 1 to 27; but if the valuation of the real 
 estate of New York were advanced in proportion to the value taken 
 for assessment purposes in Boston and Philadelphia, the ratio, instead 
 of being as 1 to 27, would be much more favorable than in either 
 of the cities above mentioned, or in the approximative ratio of at 
 least 1 to 65. 
 
 It is, therefore, evident, that in comparison with the actual accu- 
 mulated and tangible wealth of the city of New York, any liability, 
 on account of indebtedness, which the city has yet incurred, or is 
 prospectively likely to incur, is very insignificant ; and with a rea- 
 sonably honest, efficient and economical government, such as public 
 opinion and legislative authority, guided by recent experiences seems 
 certain to compel, there can be no good reason why the interest 
 bearing debt obligations of the city should not be regarded as the 
 most desirable of investments. 
 
 I am, yours, most respectfully. 
 
 DAVID A. WELLS, 
 
 Chairman Board of Comm/issioners for revision of the 
 laws of the State of New York, relating to the 
 assessment and collection of taxes. 
 
 To Hon. John T. Hofpman, 
 
 Governor of the State of New TorJc. 
 
 I have also received a letter, dated 29th December, 1871, from 
 Hon. Andrew H. Green, Comptroller of the city of New York, in 
 which he says : 
 
 " Immediate legislation is essential for the maintainance of the 
 credit of the city by the meeting of the obligations maturing early 
 
Messages op Gov. Hoffman. 323 
 
 in January and to make provision for past claims which are due and 
 which are of pressing importance. Equally important is prompt 
 legislation to make provision for the maintenance of the government 
 of 1872. 
 
 „ As the law appears now (chap. 584, sec. 3 of 1871), no authority 
 exists to make appropriations until May next, leaving the first four 
 months of the year 1872 without any provision by which payments 
 of necessary expenses for these months can be made." 
 
 I respectfully ask your immediate attention to these suggestions, 
 and such early legislation with reference to them as may be neces- 
 sary and proper. 
 
 JOHN T. HOFFMAN. 
 
 Executive Chamber, ) 
 Albany, January 30, 1872. J 
 
 To THE Legislature : 
 
 I have this day affixed my official approval to Assembly bill No. 
 19, entitled " An Act relating to appropriations and deficiencies in 
 the city and county of New York, and the audit and payment of 
 salaries and claims in said city and county." 
 
 I have done this with reluctance. The bill appears to me to be 
 faulty in its structure ; yet not so much so perhaps as to preclude 
 arriving at an intelligent construction of its intent. It is, however, 
 seriously erroneous in principle. It provides not only for the audit 
 and payment of claims accrued in the year 1871, against the city 
 and county of New York, to an amount not to exceed the sum of 
 $8,500,000, but also for appropriations and appoi tionment of moneys 
 to carry on the local government for the first four months of the 
 present year. The power to audit and pay last year's claims up to a 
 fixed amount, and to make appropriations for the expenditures of 
 the current year up to the 1st of May, next, without limit as to 
 amount, is conferred upon the three persons who now are or may 
 hereafter be heads of certain departments of the city government, 
 to wit, the comptroller, the president of the department of parks and 
 the commissioner of public works, all of whom are appointees of the 
 mayor, none of them having been elected by the people. The bill 
 ignores the chief executive officer of the city and the legislative 
 
324 Messages op Gov. Hopi'man. 
 
 branch of the local government. A bill which seeks to carry on 
 the gOTefnment of a great city and county without the concurrence 
 of its mayor and common council and board of supervisors, or any 
 of them, and which places this great duty in the hands of certain 
 stibordinate officers, appointed by the mayor, without associating 
 with them in it either the mayor or the legislative branch of the 
 local government, or some representative of the latter, can be justified 
 only by an extraordinary condition of affairs. A limit is placed by 
 the bill upon the amount which is to be applied to the payment of 
 claims agaiost the city, however well founded these may be ; but 
 none is imposed upon the appropriation of money for current ex- 
 penses. The omission of a limit upon the amount of public moneys 
 which these three officers are authorized to appropriate cannot be 
 justified ; and is overlooked by me, now, in the faith that you will, 
 by prompt supplemental legislation, affix one. No condition of 
 things can render this omission necessary or proper. 
 
 Specific provision is made in the bill for providing means for pay- 
 ing the accrued claims by the issue of revenue bonds ; but while 
 the bill authorizes the appropriation of money for all the current 
 expenses of the first four months of this year, it does not provide any 
 means for obtaining the money to meet such appropriations, either 
 by tax or by borrowing. There has been, in nearly all the tax levies 
 fcir the city and county of New York, heretofore passed by the Le^s- 
 lature, explicit authority conferred to issue revenue bonds in anti- 
 cipation of the receipt of taxes for the year, and there are also to be 
 found in the laws general provisions authorizing the comptroller of 
 tihe city to borrow in anticipation of the revenues of the city and 
 county Such sums as may be necessary to meet the ordinary expen- 
 ditures of the local government for each current year, not exceeding 
 the amount of such revenues ; yet it may be, and T think is, a matter 
 of serious doubt whether any of these general provisions will apply 
 to moneys appropriated and to be expended under the extraordinary 
 and exceptional powers conferred on the board created by this act, 
 for a portion of thfe yeat only, no revenue for the year being as yet 
 provided for or determined. An extraordinary condition of affairs 
 does exist in the tiity requiring prompt remedy, and making neces- 
 sary tempcyary and unusual measures of relief. The needs of the 
 emjiloyees of the city government, and df many of its honest credi- 
 tors are pressing ; various important charities which are, in part, 
 dependent upon the city government for the means of relieving the 
 helpless under their care, cannot be longer kept out of the money 
 which has been promised them, without producing great and exten- 
 
Messages of O-ov. Hoffman. 325 
 
 sive suffering ; and there is a neoessity for some temporary means 
 of carrying on the public business of the city, until the Legislature 
 shall determine what shall be done with reference to the permanent 
 reorganization of its government. 
 
 If I were to return this hill for reconsideration by you, on ac- 
 count «f the objectionable features I find in it, great delay might 
 ensue in providing the means of paying the city's rightful creditors, 
 and of carrying on its government for the time. 
 
 The remedy for the existing condition of things ought to be 
 prompt. While I think that, even under the necessity for imme- 
 diate legislation on the subject, a bill more cautious and more in 
 conformity with oorreat principles ought to have heen prepared, I 
 have signed this bill rather than risk further delay in furnishing 
 relief to those having just claims on the city, and many' of vrhom , 
 have suffered laikeady from their nan-payment ; and in the confident 
 belief that the extraordinary powers conferred by the (bill will not 
 be abused. I make this respectful communication to the Legisla- 
 ture to the end that I may not be held committed, by .giving to this 
 bill my signature, under tlje very extraordinary circumstances con- 
 nected with it, ito its objectionaible feature in other cases, if any 
 such should arise hereafter ; and I respectfully, but earnestly, re- 
 commend that the Legislature promptly pass a ^supplementary act 
 limiting to such amount as to it may seem proper, the sum which 
 may be appropriated by the board created by this act, for the ex- 
 penses of the city government from the first of January instant to 
 the first of May next ; and also conferring specific power on the 
 comptroller of the city to issue revenue bonds, payable out of such 
 taxes as may be levied this year, for the purpose of providing means 
 for the expenditures to be made in the period named. 
 
 JOHN T. HOFFMAJSr. 
 
 Executive Chamber, ) 
 Albany, January 31, 1872. J 
 
 To THE AsSEMBliV : 
 
 To a resolution, passed by you yesterday, requesting me to inform 
 you whether bills had been presented to me, purporting to have 
 jpassed the Legislature, from which I withheld my signature, on the 
 
326 Messages of Gov. Hoffman. 
 
 ground that certain provisions found in them had not in fact passed 
 the Legislature, and to communicate any facts or circumstances with- 
 in my knowledge having any material bearing upon the subject, I 
 respectfully reply that there are only two instances of this nature of 
 which I can now remember the particulars. One was a bill to au- 
 thorize the New York River Road Company to construct certain 
 railroads in the city of New York, sent to me at the end of the legis- 
 lative session of 1869, which I declined to approve for reasons which 
 will be found in the memorandum filed with the bill at the time ; 
 of which memorandum the following is a copy : 
 
 " Not Approved. Amendments to this bill were made in the 
 Senate, and it was sent to the Assembly for their concurrence there- 
 in. Some members of the House inform me that the Assembly did 
 not thereafter act on it. The Clerk thinks it did not. The Assembly 
 journal, nevertheless, shows concurrence ; after which the bill should 
 have been sent to the Senate to be signed by the President thereof. 
 The usual message in such cases from the Assembly to the Senate 
 is not found with the bill, and the Senate journal does not show that 
 the bill was returned to it. In case of its return, the bill would have 
 been sent by the Senate clerk to the President of the Senate to be 
 signed, whereas the journal clerk of the Assembly admits that he 
 took it directly to the President of the Senate, and obtained his 
 signature ; he must have done so by managing to place it among the 
 bills then regularly before him from the Senate. This was irregular 
 and contrary to positive orders from the Lieutenant-Governor and 
 the Clerk of the Senate. 
 
 "The Assembly journal clerk could have had no motive for carry- 
 ing the bill himself to the President of the Senate, if, by regular 
 action of the two Houses, it had been properly on its way to that 
 officer. The Senate's journal is, no doubt, correct. The bill was 
 not returned, as it should have been, to the Senate, and I decline to 
 sign it." 
 
 The other was the bill to supply deficiencies in appropriations for 
 the support of the government, commonly known as the supply bill, 
 passed at the last session. This bill, engrossed complete, together 
 with the original memoranda of the conference committee, from which 
 it had been engrossed, was, a day or two after the adjournment of 
 the Legislature last year, brought to me by the Clerk of the House 
 of Assembly, with the reservation that it was not to be considered 
 as formally delivered, and with the request that before it was so de- 
 livered I would aid him in the comparison of the engrossed bill and 
 such memoranda. I proceeded to examine the bill, item by item. 
 
Messages oe Gov. Hoffman. 327 
 
 and became satisfied that it was inoQrreotly engrossed as to three or 
 four items found in it, which, as far as could be determined from the 
 memoranda accompanying it, had not been reported for acceptance 
 by the conference committee, nor passed by the Legislature. 
 
 The Lieutenant-Grovernor and the Speaker of the Assembly were 
 present, and were also satisfied that the bill was erroneously engrossed, 
 in these particulars, and they erased their signatures from it. The 
 hill was handed back to the Clerk of the House, was re-engrossed 
 correctly, and sent to me for signature. Other instances have oc- 
 curred, during the last three sessions, of bills being sent to me for 
 approval, engrossed so as to omit material amendments, which were 
 shown by the messages passed between the two Houses to have been 
 adopted, and which messages accompanied each bill when it came to 
 me. In other instances, bills have been recalled from me for the 
 express purpose of inserting in them some amendment or correcting 
 some inaccuracy, and have come back to me again unaltered. 
 
 It is impossible for me to give, in all these instances, the titles of 
 the bills or the particulars in which they were found to be erron- 
 eously engrossed. In the supply bill of last year, one of the items 
 found to have been incorrectly inserted was an appropriation of extra 
 pay to Mr. Wasson, a former Canal Appraiser ; another was an amend- 
 ment authorizing the appointment of two additional commissioners 
 for building the Elmira penitentiary j another was a counsel fee 
 appropriated for Messrs. Buell and Erhardt, and the fourth a provi- 
 sion regulating publication of the periodical statements of moneyed and 
 other corporations. In relation to these particulars, I speak from 
 memory and without any record. It was found on examination that 
 one, perhaps two, of these items had not originated in either House, 
 but had been brought forward for the first time in the conference 
 committee. 
 
 It is obvious, that if conference committees, which are appointed 
 for the purpose simply of adjusting matters which the two Houses 
 have already considered, and upon which they have been unable to 
 agree, will undertake themselves to originate propositions and pass 
 upon them, thus assuming the proper work of the Legislature, which 
 they have no right to do, we may expect, in all such instances as 
 those of appropriation bills consisting of many items, that there will 
 be great difficulty in keeping the record correct. It appeared, also, 
 that it is the practice of conference committees, in such instances, to 
 submit their final report, not written out in full, but in the shape of 
 a mere list of the many propositions upon which the Houses have 
 disagreed, with a brief mark, generally in pencil, opposite to each 
 
328 Messages of Gov. Hoffman. 
 
 one, such as the words " out " and " in," " agreed " or " disagreed," 
 to indicate, and with nothing eke to indicate, what the decision of 
 the conference committee was as to each item. 
 
 In this shape it is read to the House, the clerk supplying the 
 proper formal words in place of the marks " out " and " in," or the 
 like. In this rough shape, it is handed over to the engrossing clerks 
 to guide them in their important duty, and in this shape it came to 
 me with this supply bill. When the bulk of an ordinary supply bill, 
 and the number of items found in it are considered, it is not sur- 
 prising that errors in engrossing from these rougli minutes should 
 occur. If the Legislature would insist that in aU cases conference 
 committees should take time to have their report written out in full 
 before submitting it to the two Houses, mistakes, as to the action of 
 the committee, or of the Legislature on their reports, could hardly 
 occur. 
 
 The vigilance of the Legislature and its committees should be 
 suflGicient to guard against inaccuracies of language, surreptitious in- 
 sertion of matter not pertinent to the general purpose of a bill, errors 
 in engrossing and the like. The Governor's duty in examining a 
 bill submitted to him, should be limited to considering the general 
 scope and purpose of the proposed law. Nevertheless, I have been 
 obliged, in some instances, to refuse my signature to bills passed, 
 simply because the language was careless and not suited to the pur- 
 pose intended, and, in many more instances have, under a practice 
 established before I came into oflSce, returned bills to the Legisla- 
 ture, at its request, after they had been delivered to me, for the 
 purpose of enabling it to correct inaccurate or fatally defective lan- 
 guage, rather than have a bill, the purpose of which was unobjec- 
 tionable (perhaps important) lost. 
 
 It is obvious that if the Legislature will not see to it that its bills 
 are properly worded, framed consistently with other laws, or cor- 
 rectly engrossed, that I cannot, as a matter of duty to the people, 
 suffer these errors to pass, when I discover them ; but I submit that 
 this duty should not be imposed on me, and that the Legislature 
 should insist upon its committees giving all the time necessary to 
 the proper preparation and completion of bills. Out of the seven- 
 teen bills thus far received at the executive chamber this session, 
 several are, in their structure and phraseology, open to very serious 
 criticism. One has been recalled by the Legislature and amended, 
 and two others I have been requested to hold, and am holding so, 
 that they may be recalled for the same purpose. 
 
Messages of Gov. Hoepman. 329 
 
 It is, of course, impossible that tte Q-overnor alone should dis- 
 cover all the inaccuracies, inconsistencies and improper provisions 
 which may find their way into the one thousand or more bills which 
 it has become the habit to pass every year. The division of labor 
 among the many committees of the two branches of the Legislature 
 makes it much more possible for them to do this work. 
 
 I trust that this Legislature will effect a reform in this respect, 
 and exercise more care and vigilance over both the character and 
 the form of the bills they may pass ; and by taking more time for 
 the details of legislative work, will enact fewer laws and consequently 
 better laws than have, for many years, appeared on our annual statute 
 book. I repeat the recommendation made in my annual message, 
 that all important bills, and especially the several general appropria- 
 tion bills, may be matured as early as possible in the session, so 
 that if objections occur to me as to any provisions or any items in 
 them, I may have an opportunity to submit my objections to the 
 Legislature, to be by it considered and confirmed or overruled, as to 
 it may seem proper. The hurried character which the business 
 of the Legislature assumes in the closing days of the session makes 
 that a very unfit period for the consideration of bills of great im- 
 portance or of so much detail as the general appropriation bills, 
 which last need the earnest and deliberate attention of every mem- 
 ber of both Houses. 
 
 I make these suggestions respectfully, believing that they are 
 warranted by the spirit of the resolution transmitted to me, and I 
 ask for them your careful consideration. 
 
 JOHN T. HOFFMAN. 
 
 State op New York, Executive Chamber, 1 
 Albany, Fehrumy 8, 1872. ) 
 To THE Legislature : 
 
 I transmit herewith the draft of a code of laws relating to the 
 assessment of taxes in the State of New York, prepared by the Com- 
 missioners on Taxation under an act of the Legislature, passed May, 
 1871, together with their report relating to the same. 
 
 Having, in my annual message, urged upon you an early and 
 
 considerate examination of the system of taxation presented by the 
 
 Commissioners, it is unnecessary for me to do more now than renew 
 
 that recommendation, and at the same time to express my satisfac- 
 
 42 
 
330 Messages of Gov. Hoffman. 
 
 tion with the labor and care which has manifestly been expended 
 by the Commissioners in their conscientious effort to arrive at a 
 uniform, equitable, and productive system of taxation. 
 
 JOHN T. HOFFMAN. 
 
 .} 
 
 Executive Chamber, 
 Albany, March 2, 1872; 
 To the Legislattjke : 
 
 I call your attention to the second section of an act of Congress, 
 passed in 1864, (chapter 210 of the Laws of that year) under which 
 an invitation was extended, through the President, to the States 
 of the Union to provide and furnish statues, not exceeding two in 
 number for each State, of deceased persons who have been citizens 
 thereof, and illustrious for their historic renown, or for distinguished 
 civic or military services ; which statues are to be placed in a hall 
 in the capitol at Washington, set apart by Congress for the purpose, 
 being the former hall of the House of Representatives. It has only 
 recently been made known to me, that this invitation was, in 1864, 
 received from the President. 
 
 Some of the States have already complied with this request of the 
 Federal government; others have made arrangements for doing so; 
 and it seems to me that our own great State ought not to be behind 
 hand in contributing to this proper commemoration, at the Federal 
 capital, of men who have conferred distinction upon our country. 
 
 I commend to your consideration the propriety of making imme- 
 diate provision for the accomplishment, on the part of this State, of 
 its share of the work proposed.. 
 
 Without wishing to interfere with the discretion of the Legisla- 
 ture in the matter, I respectfully suggest, that, in case you decide 
 to furnish the two statues, your choice may, with great propriety, 
 fall upon George Clinton, who was the first Governor of the State, 
 and whose public services in the revolutionary period of our history 
 were of marked merit ; and upon Eobert Fulton, who, in private 
 station, contributed, in a very eminent degree, as well to the renown 
 as to the prosperity of New York. 
 
 JOHN T. HOFFMAN. 
 
Messages of Gov. Hoffman. 331 
 
 Executive Chamber, ) 
 
 Albany, March 20, 1872 
 To the Senate : 
 
 I respectfully transmit herewith charges and specifications pre- 
 sented to me, alleging official misconduct on the part of Horace &. 
 Prindle, county judge of Chenango county, with petitions accom- 
 panying the same from respectable citizens of said county, asking me 
 to recommend the removal of said Prindle from the office of county 
 judge and surrogate, according to section 11 of article 6 of the Con- 
 stitution ; and also copies of the proceedings of the board of supervi- 
 sors of said county, with reference to said county judge and his 
 proposed removal from office. 
 
 I have heard the coansel for the petitioners and for the said judge, 
 respectively, upon these charges, some of which relate to alleged 
 official misconduct during his term of office immediately preceding 
 his present term to which he was elected at the last general election, 
 and others to alleged official misconduct during his present term. 
 
 The Constitution evidently contemplates that the truth and suffi- 
 ciency of the charges, in such cases as this, shall be tried by your 
 ]honorable body and not by the Governor. The final decision is to 
 be made by you and not by me. My recommendation is, nevertheless, 
 necessary to bring the case within your jurisdiction. It would seem, 
 therefore, to be the duty of the Governor, if a prima facie case be 
 made out before him, to send it to you for adjudication. 
 
 The charges in this case are presented by respectable citizens and 
 substantially indorsed by the county board of supervisors, and are 
 supported, many of them, by affidavits, ex parte, and other proofs. 
 
 I therefore recommend that you inquire into the charges so made, 
 and if the truth and sufficiency thereof shall be established, that the 
 said Horace G. Prindle be tten removed from the office of county 
 judge and surrogate of said county. 
 
 JOHN T. HOFFMAN. 
 
 To THE Legislature : 
 
 Executive Chamber, \ 
 Albany, April 3, 1872. j 
 
 The telegraph to-day announces the death of its inventor, Samuel 
 F. B. Morse. Born in Massachusetts, his home has, for many years of 
 
332 Messages of Gov. Hoffman. 
 
 his eventful life, been New York. His fame belongs to neither, but 
 to his country and to the world; yet it seems fitting that this 
 great State, in which he lived and died, should be the first to 
 pay appropriate honors to his memory. Living, he received from 
 governments everywhere more public honors than were ever paid 
 to any American private citizen. Dead, let all the people pay 
 homage to his name. I respectfully recommend to the Legislature 
 the adoption of such resolutions as may be suitable, and the appoint- 
 ment of a joint committee to attend the funeral of the illustrious 
 
 JOHN T. HOFFMAN. 
 
 State 01" New York, Executive Chamber, ) 
 Albany, May 14, 1872. j 
 
 To THE Senate : 
 
 The Assembly having sent to me the following resolution : 
 
 "Resolved, That the charges and testimony taken in .connection 
 therewith, reported to this House by the judiciary committee, 
 be transmitted to His Excellency the Governor, with the request, 
 on the part of this House, that he recommend to the Senate to take 
 proceedings for the removal of said John H. McCunn from his office 
 of Justice of the Superior Court of the city of New York," 
 
 I respectfully transmit herewith a printed copy of the charges 
 and specifications so referred to me, alleging official misconduct on 
 the part of said John H. McCunn, and of the testimony taken by 
 the judiciary committee of the Assembly in the case. 
 
 I recommend that you inquire into the truth and sufficiency of 
 charges so made; and, if the same shall be established, that the 
 said John H. McCunn be then removed from office. 
 
 JOHN T. HOFFMAN. 
 
 State op New York, Executive Chamber, ) 
 Albany, Jime 18, 1872. ) 
 To THE Senate : 
 
 I respectfully transmit herewith charges and specifications pre- 
 sented to me by a committee of the Bar Association of the city of 
 
Messages op Gov. Hoffman. 333 
 
 New York, alleging official misconduct on the part of George M. 
 Curtis, a Justice of the Marine Court of the city of New York and 
 asking his removal from office, in accordance with section eleven, 
 article six of the Constitution of this State ; also the documentary 
 proof submitted to me in support of the charges, together with the 
 answer of Judge Curtis thereto, and the proofs submitted in support 
 of such answer. 
 
 After examining the same and hearing counsel, I deem it my duty 
 to present the same to the Senate, and I recommend that you in- 
 quire into the charges so made, and if the truth and sufficiency there- 
 of shall be established to the satisfaction of the Senate, that the 
 said George M. Curtis be then removed from the office of Justice of 
 the said Marine Court. 
 
 JOHN T. HOFFMAN. 
 
VETO MESSAGES, 1872, DIJRING SESSION" OF 
 LEGISLATURE. 
 
 Executive Chambee, 1 
 Albany, January 31, 1872. ) 
 To THE Assembly : 
 
 I return, without approval, Assembly bill No. 16, entitled " An 
 Act to legalize and confirm the election of Harrison Clute as Super- 
 intendent of the poor of the county of Schenectady." It seems to 
 me very clear that this bill should not become a law for the follow- 
 ing reasons : 
 
 The act to amend and consolidate the several acts relative to the 
 city of Schenectady (chapter 385 of the Laws of 1862) provides, 
 among other things, for the election of a supervisor for each ward 
 of the city, who shall be a member of the board of supervisors of the 
 county ; and declares that the supervisors so elected shall have all 
 the powers, exercise all the duties, and be subject to all the provi- 
 sions of law then applicable to supervisors of towns. 
 
 One of the provisions of law applicable to supervisors of towns, 
 and to which, by the words just quoted, supervisors of wards in 
 Schenectady were made subject, was that contained in chapter 80 of 
 the Laws of 1853, which declared that no supervisor of any town 
 should be elected or appointed to hold the office of superintendent 
 of the poor. 
 
 At the time of the general election, held in the fall of 1871, Har- 
 rison Clute was a supervisor, representing the Fifth Ward of Schen- 
 ectady, and the provisions of law, just quoted, in clear and unmis- 
 takable terms, forbade his election or appointment to the office of 
 superintendent of the poor of Schenectady county. Nevertheless, 
 he was a candidate before the people for that office at that election, 
 and received, it seems, a majority of the votes cast. That election, 
 so far as he was concerned, was in violation of law, and was void. 
 The bill herewith returned is, of necessity, a recognition of the facts 
 that the disability, existed and that the election of Mr. Clute was 
 illegal and invalid ; and it declares that such disability is removed 
 as of and from the day preceding that election, and the election 
 " is legalized and confirmed for the full term of three years from the 
 1st day of January, 1872." In other words, it aims to legislate 
 
Messases of Got. Hofi'man. 335 
 
 into a county office, for three years, a person who has not been 
 
 legally elected thereto. It is, in effect, a legislative appointment 
 
 of a county superintendent of the poor, and is in violation of the 
 
 constitutional provision which declares that county officers shall be 
 
 elected by the people or appointed by some of the local authorities 
 
 of the county. However proper it may be for the Legislature to 
 
 legalize acts of public officers, or of officers de facto invalid by reason 
 
 of mere omission to comply with some provisions of the statute, it 
 
 should never seek to give validity to anything done in open violation 
 
 of law. It is not competent, I submit, for the Legislature to make 
 
 legal now, an election which was void at the time it took place, nor 
 
 is it competent for it to appoint a superintendent of the poor of 
 
 Schenectady county ; and I submit, further, that this bill will not 
 
 effect the purpose for which it is designed, to wit, curing the evil 
 
 now existing in Schenectady county, of a person exercising the 
 
 powers of an office to which his title is not good. On the contrary, 
 
 the effect of the bill, if it becomes a law, will be to prolong for 
 
 nearly three years the present improper condition of things j and it 
 
 would be necessary hereafter to pass a .'aw legalizing the acts of Mr. 
 
 Clute, as de facto officer, for the whole term. 
 
 Mr. Clute's title to the office is not good. I have no doubt on 
 this point ; nor has the Legislature, as is proved by its passing this 
 bill. If there were any doubt, however, on this point, it is a ques- 
 tion, I submit, which the Legislature should not undertake to de- 
 cide; it belongs to the judiciary. 
 
 The bill appears to me to present one of the worst forms of special 
 legislation. It merely suspends the operation of a general law, in 
 one county, for a brief period, and for the benefit of one person ; 
 and at the end of that period the general law is to be again in full 
 force, as well in this one county as in all others. 
 
 It is of little importance whether Mr. Clute or some other citizen 
 is made superintendent of the poor this year. It is of importance 
 that a precedent such as this bill would establish, should not prevail. 
 The election was, it is admitted, illegal and void ; the office was 
 consequently left vacant ; the supervisors, by chapter 257 of the 
 Laws of 1854, have power to fill the vacancy during the year only, 
 the vacancy to be permanently filled by election of the people atthe 
 next general election. 
 
 I respectfully submit that this bill ought not to become a law, 
 confident that, upon reconsideration, the Legislature will agree with 
 me. 
 
 JOHN T. HOFFMAN. 
 
336 Messages of Gov. Hoffman. 
 
 Executive Chamber, 1 
 Albany, Fehmajry 6, 1872. \ 
 To THE Senate : 
 
 I return, without approval, Senate bill No. 11, entitled " An 
 Act to amend An act entitled ' An act to establish a Recorder's Court 
 in the city of Utica, and for other purposes, passed Maj 7, 1844." 
 The bill proposes to increase the salary of the Recorder of Utica to 
 two thousand five hundred dollars. The Legislature in 1870 fixed 
 this salary at eighteen hundred dollars. There is nothing in the 
 events of the past two years, to render insufficient now, what was 
 deemed to be and was sufficient then. 
 
 The bill imposes one-half of this salary as a charge upon the county 
 of Oneida ; the other half to be paid by the city of Utica. The com- 
 mon council of Utica approve of the bill, giving as one reason for so 
 doing that only half the burden is imposed upon the city. The 
 mayor and many citizens protest against it. The supervisors, re- 
 presenting the rural towns, have not approved of it or asked for it. 
 
 It seems to me, there is nothing to justify a law obliging the local 
 authorities of Oneida county to enlarge this salary ; there being no 
 evidence that the people interested desire it. I am satisfied that the 
 people generally do not favor an increase of official salaries at this 
 time, except when the same are clearly inadequate to the service per- 
 formed. 
 
 JOHN T. HOFFMAN. 
 
 } 
 
 Executive Chamber, 
 Albany, February 12, 1872. 
 To the Senate : 
 
 I return, without approval. Senate bill No. 58, entitled " An Act 
 for the protection of tax-payers against the frauds, embezzlements, 
 and wrongful acts of public officers and agents." The bill is as 
 follows : 
 
 The People of the State of New York, represented in Senate and 
 Assembly, do enact as follows : 
 
 Section 1. All officers, agents, commissioners, and other per- 
 sons, acting for or on behalf of any county, town, or municipal cor- 
 
Messages of Gov. Hoffman. 337 
 
 poration, in this State, and each and every one of them, are hereby 
 declared trustees of the property, funds, and effects of such county, 
 town, or municipal corporation, respectively, so far as such property, 
 funds, and effects have been, are, or may be committed to their • 
 management or control ; and every person residing in such county, 
 town, or municipal corporation, and assessed to pay taxes therein, 
 who shall pay taxes therein, is hereby declared to be a cestui que 
 trust in respect to the said property, funds, and effects, respectively; 
 and any co-trustee or any such cestui que trust, shall be entitled, 
 as against such trustees, and in regard to such property, funds, and 
 effects, to all the rights and remedies provided by law of any co- 
 trustee or cestui que trust, to prosecute and maintain any action to 
 prevent waste and injury to any property, funds, and estate held in 
 trust. Such trustees are hereby made subject to all the duties and 
 responsibilities imposed by law on trustees, and such duties and 
 responsibilities may be enforced by any co-trustee or cestui que trust 
 aforesaid. 
 § 2. This act shall take effect immediately." 
 
 Impressed, while examining the bill, with the belief that its pro- 
 visions were open to serious objections, or at least, to very grave 
 doubts as to how they might affect, if it became a law, the vast in- 
 terests involved in our numerous municipal governments, I addressed 
 the following communication to the Chief Judge and the Judges of 
 the Court of Appeals : 
 
 State of New York, Executive Chamber, } 
 Albany, February 12, 1872. J 
 
 To the Chief Judge and Judges of the Court of Appeoik : 
 
 A bill is now before me, for approval, of which a copy is annexed. 
 
 The bill affects all municipal governments in this State — cities, 
 counties, villages and towns. 
 
 The intention of those who drafted the bill, is unquestionably a 
 good one, to wit : To provide additional protection against frauds 
 by municipal oflScers. Two questions, however, have occurred to 
 my mind in examining its language : 
 
 1. Whether the bill, if it become a law, in the words now used, 
 
 may not operate to divest every municipal corporation of the title 
 
 to its property, and to vest the legal title thereof in the various 
 
 officers, commissioners, agents and other persons who may have con- 
 
 43 
 
338 Messages of Gov. Hoieman. 
 
 trol and management of such property, or of separate and distinct 
 portions thereof. 
 
 2. Whether it may not operate to give to the tax-payers the ex- 
 clusive right to sue for wrongs done or in order to prevent wrongs 
 by municipal officers, taking away the right of action, in such cases, 
 from the corporation itself, and from all public officers; and may 
 not, in fact, interfere with suits now pending. 
 
 I assume, from the title of the bill, that the Legislature did not 
 intend to make such radical changes j they certainly intended to add 
 to — not to diminish — the remedies against this class of wrongs. 
 
 I do not ask the members of the court to say what their construc- 
 tion of the bill would be, if it came before them as an enacted law. 
 But in view of the far-reaching character of the bill, and of the ex- 
 tensive complications and injury that might arise from a possible 
 construction of its present language, I feel that I am justified (and 
 trust that you will agree with me) in asking of you the favor to read 
 the bill, with a view, simply, to your telling me whether there is not 
 room for doubt on the points I have suggested, grave enough to make 
 it wise .that, before it is enacted into a law, the language of the bill 
 should be amended so as to guard against such questions. 
 
 To this extent, I can see no impropriety in your giving me your 
 opinion, in view of the gravity of the questions involved; and I will 
 be obliged by your doing so, if you see none. 
 
 JOHN T. HOFFMAN. 
 
 Their answer is as follows : 
 
 " State op New York, Court of Appeals, 1 
 Albany, February 12, 1872. j 
 
 To His Excellency, John T. Hoffman, Governor : 
 
 Sir. — I have submitted to my associates in the Court of Appeals 
 the bill received from you, and which is before you for approval, 
 entitled " An Act for the protection of tax-payers," etc. (Senate 
 bill. No. 58), and they are all agreed that serious questions might 
 arise upon the bill in its present form, both as to the title of the 
 property covered by the terms of the act, and as to whether the 
 municipalities are not divested of all title ; and, also, as to the right 
 of a corporation itself, or any of its officers, or any public officer, or 
 any person whatever, other than a tax payer, to bring an action in 
 respect to the property, funds or effects mentioned in this act. 
 
Messages of Gov. Hoffman. 339 
 
 The terms trustee and cestui que trust have a well understood mean- 
 ing, and ordinarily indicate a right of property, a legal title in the 
 trustee, and a beneficial ownership in the cestui que trust, to the ex- 
 clusion of all rights of property, legal or equitable, in any person or 
 corporation other than the trustee or cestui que trust. 
 
 It is not intended to express an opinion that such is the legal effect 
 of the act, but such effect may be claimed, and a bill more carefully 
 prepared may obviate these objections. 
 
 Truly yours, 
 (Signed) S. B. CHURCH." 
 
 As I said in my annual message, " it is not an unusual mistake 
 that in providing a remedy for existing evils, others likely to come 
 out of the remedy itself, are overlooked." 
 
 In times of unusual excitement about abuses in the administration 
 of public affairs, and when the demand for correction and reform is' 
 urgent and loud, it is especially important that those charged with 
 the responsibility of legislation should move with great caution, and 
 that the most careful consideration should be given to every bill pro- 
 viding new remedies or making great changes in existing laws. 
 
 I deem it unnecessary to enlarge upon the objections which have 
 suggested themselves to me, confident that the Senate will concur 
 with me in the propriety of subjecting the bill, before it is enacted 
 into a law, to a further examination by the judiciary committee of 
 the Legislature, to the end that such amendments may be made to it 
 as will carry out, effectually, the important purpose which the Le- 
 gislature had in view, as indicated in the title of the bill. 
 
 JOHN T. HOFFMAN. 
 
 ExEOTJTivi Chamber, ) 
 Albany, February 27, 1872. J 
 
 To THE Assembly : 
 
 I return, without my approval. Assembly bill No. 79, entitled 
 " An Act to change the name of the First Congregational Church 
 and Society of Poughkeepsie, New York." 
 
340 Messages of Gov, Hoebman. 
 
 Chapter 322 of the Laws of 1870, provides a very simple and in- 
 expensive method, of changing the names of incorporations by the 
 courts. This law was enacted for the purpose of relieving the Legis- 
 lature from applications of this nature, and in order to avoid encum- 
 bering, unnecessarily, our annual statute book. 
 
 The Legislature, I doubt not, will, on reconsideration, agree with 
 me that the purpose of the law of 1870 is' a good one, and should be 
 carried out ; which can only be done by rigidly refusing to pass 
 special laws in every case covered by the provisions of the general 
 act. 
 
 JOHN T. HOFFMAN. 
 
 Executive Chamber, \ 
 Albany, February 27, 1872. J 
 
 To THE Assembly : 
 
 I return, without approval. Assembly bill No. 50, entitled " An 
 Act for the extension of the Utica, Chenango and Cortland railroad." 
 
 The bill authorizes the Utica, Chenango and Cortland Railroad 
 Company to extend its road from its present terminus to the Utica, 
 Clinton and Binghamton railroad at Smith's Yalley. The original 
 route defined in the articles of association of this company, filed with 
 the Secretary of State, in 1870, was of the length of thirty-two miles. 
 
 The whole amount of ca^pital stock subscribed was $32,000, being 
 the minimum required by the general railroad law of the Sta/te as a 
 condition to the formation of the company and the undertaking of 
 its enterprise. The extension provided for by this bill is, I am in- 
 formed, fourteen miles in length. If the bill were allowed to become 
 a law, the company would, as to the extension proposed, be specially 
 exempted from the salutary provisions of the general railroad act, 
 requiring a certain amount of capital, per mile, to be subscribed before 
 such associations assume the important privileges conferred on them 
 by that act. 
 
 I cannot, .therefore, give £he bill my approval unless it shall be so 
 amended as to impose upon the company, in respect of their pro- 
 posed extension, all the conditions which are imposed, and, as I think, 
 wisely imposed, upon all companies by the general railroad law. 
 
 JOHN T. HOFFMAN. 
 
Messages of Gov. Hoffman. 341 
 
 Executive Chamber, 1 
 Albany, MarcJi 6, 1872. j 
 
 To THE Assembly : 
 
 I return, witbout my approval, Assembly bill No. 114, entitled 
 " An Act authorising the election of a board of auditors for the 
 town of Lenox, Madison county, and empowering other towns to 
 avail themselves of the provisions of this act." 
 
 The bill proposes to create, in the town of Lenox only, a board 
 of three persons, in addition to the regular town officers now provided 
 by the general law ; to abolish, in this one town only, the board of 
 town auditors, which, by the general Statute, consists, in all towns, 
 of the supervisor, the justice of the peace, and the town clerk ; and 
 to devolve all its powers and duties upon the new board of officers 
 lihus created. This special board is to be elected in the same manner 
 and by the same constituency as are the members of the present 
 auditing board, to wit, by the people at their annual town meeting. 
 It is manifest that the Legislature did not deem this change in the 
 powers and duties of town officers, and in the number of them, 
 necessary or expedient in our town governments generally ; other- 
 wise it would have made the bill a general one, applicable to all tlie 
 towns in the State. It is the general judgment of those conversant 
 with such matters, so far as I can gather it, that this duty of audit- 
 ing town accounts is, as a rule, performed by the supervisors, jus- 
 tices and town clerks of the several towns, as rigidly and faithfully 
 as any public duty in the State. This bill must have been passed 
 with reference to some temporary abuse of power, supposed or real, 
 in this one town. Against such abuses, the people have in their 
 own hands an effectual remedy now, by choosing fresh men to office. 
 The board of town officers consists of the supervisor, the four jus- 
 tices of the peace and the town clerk, six in all ; at every town 
 meeting the people can put out of office the supervisor, the town 
 clerk and one justice of the peace, being one-half of the board. 
 There are a few instances in which towns are authorized to have more 
 than four justices of the peace ; but Lenox does not appear to be 
 one of these. All unfaithful members of the board of town auditors 
 can be dismissed by the people at every town meeting, except those 
 among the justices of the peace whose term of office may not termi- 
 nate with the current year. If the local abuses, supposed or real, 
 which this bill seeks to remedy, lie in the improper auditing, by this 
 
342 Messages of (tov. Hoffman. 
 
 last-named class of officers, of their own bills, a remedy is provided 
 in chapter 274 of the Laws of 1871, which authorizes any taxpayer 
 to appeal from the board of town auditors to the board of supervisors 
 of the county, in respect to the audit of any bill of a justice of the 
 peace. It seems to me, therefore, that . the special legislation pro- 
 posed by this bill, making an alteration in the form of government 
 of this one town, which the Legislature is, obviously, unwilling 
 should be made in the other towns of the State, is unnecessary and 
 unwise. 
 
 One section of the bill authorizes the electors of any town in this 
 State to make the proposed law applicable to their own town, by a 
 vote at town meeting. This provision appears to me to be uncon- 
 stitutional under the decision of the Court of Appeals, in the case of 
 Barto against Himrod, 8 New York Reports, page 483. Even if this 
 were not so, the adoption of the provisions of the bill by some towns, 
 and not by others, would create a diversity in the forms of town 
 governments which is not desirable. It is the interest of the people 
 that there should be uniformity in the town governments, to the end 
 that the rights and duties of the people and of their officers may be 
 readily and clearly understood from the general statute. The bill 
 is special legislation, establishing a special form of government in 
 one town, and is objectionable, in my judgment, for that reason. I 
 feel confident the Legislature will, on reconsideration, take the same 
 view of it. 
 
 JOHN T. HOFFMAN. 
 
 Executive Chamber, ) 
 AiBANT, March 14, 1872. ) 
 To THE Assembly : 
 
 I return, without approval, Assembly bill, not printed, entitled 
 " An Act to authorize the trustees of the Methodist Episcopal 
 Church of Northville to convey real estate." 
 
 The bill provides for the sale of the present parsonage house and 
 for the investment of the proceeds in a house and lot adjoining the 
 church. 
 
 The laws of the State, long ago, referred such matters to the 
 courts of justice. By the Revised Statutes the supreme court is 
 
Messages of Gov. Hoffman. 343 
 
 authorized to make an order for the sale of real estate belonging to 
 a religious corporation and directing the application of the moneys 
 arising from the sale to such uses as the court may deem for the in- 
 terest of the society. ' 
 
 The wisdom of this provision in our laws has never been doubted. 
 The merits of applications of this kind, and the propriety of the pro- 
 posfed use of any money arising from sales of the corporation property 
 can be best ascertained by inquiries under the rules of a court of 
 justice. If the Legislature, in any one case, overlooks the estab 
 lished policy of the State in this respect, it will encourage frequent 
 and unnecessary demands upon its time, for the discharge of a duty 
 which properly pertains to the judiciary. 
 
 JOHN T. HOFFMAN. 
 
 State of New York, Bxectjomve Chamber, ) 
 Albany, March 15, 1872. j 
 
 To THE Senate : 
 
 I return, without approval, Senate bill (not printed), entitled 
 " An Act for the relief of Cornelia Townsend." 
 
 The bill provides that the commissioners of taxes and assessments 
 in the city of New York shall examine the assessment roll for 
 widening Laurens street from Canal to Amity, and extending from 
 Amity to Fourth, and thence across Washington square to Fifth 
 Avenue ; and if it shall appear to them that the amount assessed 
 upon the property of Mrs. Cornelia Townsend in Fourth street is 
 unjust and excessive, as compared with the assessments upon other 
 property in said vicinity, the said commissioners shall order said 
 assessment roll to be corrected, and fix the assessment to be paid by 
 Mrs. Townsend at such amount as, in their judgment, shall be right 
 and just, and such amount shall be paid, instead of the amount now 
 on said assessment roll. 
 
 The bill must have been passed, it seems to me, under a mis- 
 apprehension, on the part of the Legislature, of the proper duties of 
 the commissioners of taxes and assessments in the city of New York. 
 They have to do only with assessing property for the purpose of the 
 regular annual taxes ; have no control of the assessment rolls made 
 up in cases of street openings by commissioners appointed by the 
 
344 Messages of Gov. Hoffman. 
 
 courts, and have no natural connection or familiarity with that busi- 
 ness. They would be acting, In the duty by this bill imposed on 
 them, without the sanction of an oflScial oath, to set aside the doings 
 of other officers who had acted under an official oath. It would be 
 as proper for the Legislature to devolve on any other four persons, 
 not in official position, the duty of reviewing and correctingthe action 
 of commissioners duly appointed by a court of law. 
 
 Moreover, if this one assessment is to be reduced in amount, a defi- 
 ciency will exist in the fund necessary for the payment of the expense 
 of the street opening, which deficiency must be made up in some way. 
 
 The commissioners of taxes and assessments have no power to 
 reassess this deficiency upon the other owners of property benefited, 
 nor to provide for it by authorizing the amount thereof to be paid 
 out of the city treasury. The deficiency can be made up only by 
 the city at large assuming the amount 3 in this, the tax commissioners 
 have no powers. 
 
 The case may be a hard one for the party seeking relief j but there 
 is no proper way of giving relief, now that the assessment has been 
 confirmed by the court, except for the city authorities to pay out of 
 its treasury to the party aggrieved, by way of donation, whatever 
 sum may be found by them to be just. 
 
 I doubt not that the Legislature will agree with me, when they 
 come to reconsider the bill, that it ought not to pass into a law. 
 
 JOHN T. HOFFMAN. 
 
 Executive Chamber, 1 
 Albany, March20, 1872. ) 
 
 To THE Assembly : 
 
 I return, without approval, Assembly bill No. 37, entitled " An 
 act to amend an act to incorporate the Port Chester Savings Bank, 
 passed March 14, 1865." 
 
 The bill provides that is shall be lawful for the bank to invest 
 twenty per cent, of its assets in county, town or village bonds, and 
 also to lend ten per cent, of its assets upon the pledge of town or 
 village bonds, so that, in all thirty per cent, of its total assets may be 
 in the class of securities above described. The general town bond- 
 ing law has a provision in it allowing savings banks to invest ten 
 per cent, of their deposits in bonds issued to further the building of 
 
Mbssases of Gov, Hoefman. 345 
 
 railroads ; which was a general act applying to all the savings banks 
 in the State. 
 
 It may be presumed that, on the passage of that act, applying, as 
 it does, to all the savings banks of the State, the Legislature gave to • 
 the question involved in the present bill more careful consideration 
 than would be likely to be bestowed upon it when presented, as 
 now, in a case in which the interest of one bank only is involved. 
 
 The Legislature cannot be too careful in providing, by proper re- 
 strictions, for the safety of the money deposited with this class of 
 institutions. They are created for the benefit of those who have no 
 direct interest in speculative enterprises, and whose accumulations 
 are savings from the wages received for labor. They should be 
 managed exclusively with reference to the interests of that portion 
 of our population who live by the wages of labor, and other persons 
 of small means, and, to that end, the assets of savings banks should 
 always consist of investments of the highest ultimate security, and . 
 of such as are least likely to fluctuate in value. It is also important 
 that a large portion of their assets should be of such a nature that, 
 at any time, or under any circumstances, they can be sold readily in 
 the public market. While the bonds of towns and villages may be 
 perfectly safe as a permanent investment, they are not of that class 
 of securities which are daily bought and sold in our large markets, 
 and cannot, therefore, be counted upon to be converted into money 
 promptly, at a time of difficulty or of unusual demand upon the 
 savings banks from their depositors. I have submitted the bill to 
 the Superintendent of the Banking Department, who thinks it not 
 advisable that the limitation now imposed upon the savings banks 
 generally, restricting their investments in town bonds to ten per 
 cent, of their assets, should be enlarged, and I concur in his views. 
 
 The bill would be objectionable, in my judgment, if it applied to 
 all savings banks ; and is also objectionable because it specially ex- 
 empts this one bank from the restrictions which have been by law 
 imposed on all of these institutions. 
 
 Occurrences, within the past year, have shown that our laws can- 
 not be made too rigid in restraining savings banks from investing 
 the money of their depositors in any but the very best class of se- 
 curities. 
 
 JOHN T. HOFFMAN. 
 
 44 
 
.} 
 
 346 Messages of Gov. Hoffman. 
 
 Executive Chamber, 
 Albany, March 28, 1872. 
 
 To !rHE Assembly : 
 
 I return, without approval, Assembly bill No. 77, entitled '' An 
 Act in relation to non-resident highway taxes upon certain lands in 
 the counties of Hamilton and Warren." 
 
 The bill provides that the county treasurers of Hamilton and War- 
 ren counties shall pay over to the Comptroller the amount of any 
 highway taxes assessed upon townships Nos. 3, 9, 10, 11 and 29, in 
 Totten and Crossfield's purchase in the counties of Hamilton and 
 Warren, which townships are by the bill made a road district, and 
 that the Comptroller shall pay such moneys over to certain commis- 
 sioners named in the bill, to be expended upon the road from Wash- 
 ington Craig's, in the town of Wells, Hamilton county, to Kollin 
 Russell's in the town of Johnsburgh, Warren county. 
 
 Township No 3 is distant more than five miles from the town of 
 Wells, taking a direct line from the points in each, nearest to each 
 other. The road begins at some point in the town of Wells and runs 
 continually farther and farther from township No. 3. There can be 
 no propriety in the taxes assessed on this township being applied to 
 the proposed road. Moreover, the eastern portion of township No. 
 9, the whole of township No. 10, and part of 29, are already subject 
 to an assignment of their non-resident highway taxes to the purposes 
 of a special road by the provisions of chapter 507 of the Laws of 
 1867. The repealing clause in this bill will not serve to avoid com- 
 plication. 
 
 The commissioners are required by the bill to account to the 
 Comptroller, and yet to give bonds to the county treasurer of Hamil- 
 ton county. Vacancies occurring among them are to be filled by 
 the county treasurer of Hamilton county. It seems to me proper 
 that the vacancies should be filled by the Comptroller, as is provided 
 in similar acts on the statute book. 
 
 The special laws so often passed in relation to roads in this region 
 of our State are becoming complicated, and it is very difficult, with 
 the changes that are from time to time made in enlarging or diminishing 
 the area, the taxes of which are to be applied to special road purposes 
 and in partially repealing the provisions of one act by some subse- 
 quent law, for the Comptroller to administer them. This class of 
 legislation should not be encouraged ; bnt the roads should be left 
 
Messages of Gov. Hoffman. , 347 
 
 to be worked out as best they may under general laws and under 
 the regular authorities. 
 
 JOHN T. HOFFMAN. 
 
 Executive Chamber, ) 
 Albany, April 3, 1872. J 
 
 To THE Assembly : 
 
 I return, without approval. Assembly bill No. 430, entitled " An 
 Act to amend title 12 of the charter of the city of Albany, entitled 
 the police department," passed March 16, 1870. 
 
 Among the very earliest of the bills presented to me for approval, 
 after I had come into oflB.ce, Was one relating to the police of the city 
 of Syracuse, being now chapter 17 of the Laws of 1869. This bill 
 was modeled after a law which I found upon the statute book in re- 
 lation to the police of the city of Utica, chapter 414 of the Laws of 
 1867. In both cases, there were four commissioners of police, whose 
 term of oflfice was four years, but divided into two classes so that half 
 of them went out every two years, and who were to be chosen in the 
 same mode as provided in the present bill, that is to say, every 
 elector was entitled to vote for only one commissioner, the one having 
 I the majority of votes to be declared elected, and the one having the 
 next highest number of votes to be appointed by the common coun- 
 cil. The general provisions of both bills were well guarded, and the 
 pplice commissioners were in each case made removable, for cause, in 
 the same manner as sheriflfs. 
 
 In 1870, the law of 1867 applicable to Utica was repealed. In 
 Syracuse the law of 1869 is still in force. With more consideration 
 of the principle involved in the Syracuse bill and with the expe- 
 rience of to-day, I would not have given it my approval. The method 
 adopted for the selection of the commissioners in that bill, and in the 
 bill now under consideration, while it seemingly gives the election 
 to the people, is, in fact, simply a designation by party caucuses or 
 conventions, and the supposed ratification by the people is a form, 
 and nothing more. 
 
 It is only on very rare occasions that, even in the municipal elec- 
 tions, more than two tickets are before the people between which to 
 choose, to wit, the tickets nominated by the organizations representing 
 
348 Messages of Gov. Hoffman. 
 
 the two great parties. If four persons are to be designated for cer- 
 tain offices, and every elector is restricted to voting for only two of 
 the four, the people, in fact, can make no choice. The nominations 
 made by the respective conventions of the two great parties are, 
 under such a state of facts, conclusive. This method has been tried, 
 on a larger scale, in the designation of the late board of supervisors 
 for the county of New York. It has recently been given up there 
 with general consent. 
 
 The bill now before me is more objectionable than those to which 
 I have already referred, relating to Utica and Syracuse. In this 
 bill four commissioners are to be designated at the municipal elec- 
 tion now soon to occur, in the manner already described, who are 
 all to hold office for four years. They are during this period to 
 have the sole and absolute control of the police and, no matter how 
 they may use this great power or abuse it, no provision is made for 
 calling them to account or for removing them, or any of them, how- 
 ever pressing may be the need of applying a corrective. For a 
 period of four years the whole power of the police is to be in the 
 hands of men designated by nominating caucuses or conventions, 
 not elected by the people of the city, nor appointed by any public 
 authorities, and subject to no correcting power in case of misconduct 
 or malfeasance in office. 
 
 The extraordinary provision of the bill, now under consideration, 
 for the filling of vacancies among the commissioners might lead to 
 very inconvenient results. It is, that in case of a vacancy occur- 
 ring, the members of the commission who shall be " of the same 
 political party" as that of the person whose place has become vacant, 
 shall nominate three persons and the members of the commission 
 shall, within two weeks thereafter, choose one of these three to suc- 
 ceed to the vacant position, and " it shall require the votes of all the 
 remaining members for a choice." In the meantime, and until the 
 vacancy be filled the commissioners " are prohibited from making 
 any removals from or appointments to the police force." This puts 
 it in the power of one member, by refusing to agree to an appoint- 
 ment for filling the vacancy, to deprive the commissioners of the 
 power of enforcing necessary discipline among the members of the 
 force for an indefinite period. 
 
 This provision, moreover, would be liable to great uncertainty in 
 its construction. It is by no means impossible that in a period of 
 four years the political associations of some of the members of the 
 commission might be changed, and so there might be no one quali- 
 fied to make a nomination, or a serious dispute might arise as to which 
 
Messages of Gov. Hoffman. 349 
 
 one of the commissioners would be entitled to make it. In this case, 
 or in case of an irreconcilable difference of opinion in regard to filling a 
 vacancy, the affairs of the department would remain in confusion until 
 the Legislature could be convened. 
 
 The main objections are, however, that the commissioners are to 
 be subject during their long tenure of oflBice, to no responsibility to 
 superior authority for misconduct, and that they are to be designated 
 in fact, by party conventions, instead of being elected by the people 
 or appointed by some local authority. 
 
 In the efforts to obtain non-partisan boards or commissions for 
 certain public duties, we may go so far as to set aside altogether 
 responsible government. For the acts of a board of police appointed 
 as this bill provides, neither the mayor nor the common council of 
 the city would be in any degree responsible, nor could either of the 
 great political parties be held answerable. The commissioners 
 would be acting under no sense of responsibility to the people, nor 
 of accountability to the public authorities of the city or State ; the 
 only penalty hanging over them for miscondijot would be the pos- 
 sible displeasure of the nominating conventions of their respective 
 parties at the distant period of the expiration of their term of four 
 years, or the possible intervention of the Legislature by a repeal of 
 the law and the abolition of their offices. 
 
 I feel confident that, on reconsideration of this bill, the Legisla- 
 ture will agree with me, that entrusting power to public officers, 
 unaccompanied by an accountability clear, distinct and capable of 
 prompt enforcement, is dangerous to good government. 
 
 JOHN T. HOFFMAN. 
 
 Note. — This veto cmd one otlier a/re the only two that were overruled dur- 
 ing Governor Hoffmanns four yews' administration. In this instance, when 
 the overrvMng vote was taken, a pledge was gimen that an mn&ndvng a^t 
 should be introduced ; amd one was passed, in a fern da/ya, making the mayor 
 a mmb&r of the hoa/rd and gkmg the common council power to remove any 
 commissioner. 
 
 Executive Chambee, 1 
 Albany April 10, 1872. j 
 To THE Assembly : 
 
 r return, without approval. Assembly bill No. 160, entitled " An 
 Act to authorize the Canal Commissioners to construct a road-bridge 
 
350 Messages of Gov. Hoffman, 
 
 over the Champlain canal in the village of Fort Edward, in the; 
 county of Washington." 
 
 The bill directed the Canal Commissioners to erect a bridge over 
 the Champlain canal at a certain point in the village of Port Edward, 
 provided the Board of Canal Commissioners shall be of opinion that 
 the State is under legal or equitable obligation to build said bridge. 
 
 The State Engineer reports to me that the State has never con- 
 structed a bridge at this point, and is not under legal or equitable 
 obligation to build the one proposed by this bill, and that the Canal 
 Commissioners would not be authorized to build it, if the bill be- 
 came a law. 
 
 He further reports that if the bridge were to be built, the amount 
 appropriated by the proposed act would be insufficient, in a large 
 degree, to pay the cost of its construction. 
 
 JOHN T. HOFFMAN. 
 
 Executive Chamber, \ 
 Albany, AprU 10, 1872. J 
 To THE Assembly : 
 
 I return, without approval. Assembly bill, entitled " An Act grant- 
 ing the consent of the State of New York to the purchase by the 
 United States of certain lands for the purpose of the erection of a 
 custom house, court-house, or other public building for the use of 
 the United States at Albany, and ceding jurisdiction over the same." 
 
 The bill is unnecessary. An act has already been passed (chapter 
 357 of the Laws of 1870), covering the subject and almost identical, 
 in language, with this bill. 
 
 JOHN T. HOFFMAN. 
 
 Executive Chamber, ) 
 Albany, April 24, 1872. ) 
 To THE Senate : 
 
 I return, without approval. Senate bill No. 143, entitled " An Act 
 relating to the town officers and local government of Newtown, in 
 Queens county." 
 
 The bill alters, in many particulars, the form of local governtnent 
 and the powers of the town officers in this one town. 
 
Messages of Gov. Hoffman. 351 
 
 I have felt it my duty to withhold my official sanction from bills 
 of this character. It is not wise, in my judgment, for the Legisla- 
 ture to undertake to govern every town separately ; its duty is best 
 discharged by prescribing, in the general laws, as has been done, a 
 form of government for this numerous class of amunioipalities, and 
 then leaving the people of each town, who have ample powers to do 
 so under present laws, to guard against wrongs and to remedy them. 
 
 If the people fail or neglect to do their duty to themselves in any 
 one town, they should not be encouraged in applications to the Legis- 
 lature for special relief If defects can be shown to exist in the pre- 
 sent form of town government, the remedy is to amend the general 
 laws. 
 
 This bill provides that, in this one town, only one justice of the 
 peace shall be entitled to preside over the town meeting, which right 
 belongs, by the general laws, to all the justices j and as this presid- 
 ing over the town meeting carries with it the power of appointing 
 the third or minority inspector of elections for the three election 
 districts of the town, at the general election, it places in the hands 
 of one man a power which, under the general laws, it has been 
 thought wise to confide to the whole body of justices, or a majority 
 of them. It authorizes the inspectors of one of the three election 
 districts into which the town is divided, to be inspectors of election 
 at the town meeting, taking this duty out of the hands of the regu- 
 lar town officers as provided by the general laws of the State. 
 
 It confers on the supervisor alone, the power of filling vacancies 
 occurring in certain town offices, for filling which vacancies other 
 provisions are now made by law. In addition to these and other 
 special provisions, which, if desirable at all, should be applied to all 
 the towns of the State, the bill alters, for this one town, the general 
 assessment law of the State and the manner of its administration. 
 It provides that the assessors of this town shall have power to issue 
 process and compel the attendance of such tax-payers as they think 
 ought to be assessed for personal property, and any person who fails 
 to obey the summons, or answer any questions put by the assessors, 
 shall be assessed at their discretion, and shall not be entitled to the 
 right of review and correction of such assessment given by the gen- 
 eral laws of the State. 
 
 It is obvious that most oppressive discrimination and injustice 
 might be practised under this power. Notice might be sent to a 
 tax payer while away from home, and he would be deprived of the 
 right of having an erroneous assessment against him corrected, 
 which his neighbors enjoy by law. 
 
362 Messages of Gov. Hoffman. 
 
 Moreover, it would put it in the power of the assessors to favor 
 some, and do wrong to others of the tax-payers. Those whom they 
 did not choose to summon would he left to enjoy the right of review 
 and correction granted by the laws to all persons in such cases. 
 
 If this provision is a proper one, it should be incorporated into 
 the general tax law of the State. It has no proper place in a law 
 relating to one town. The provisions of the general law regulating 
 the mode of levying and assessing taxes ought, if sufficient for 
 other towns in the State, to be sufficient for Newtown. 
 
 It is claimed there are pecular reasons for extraordinary legisla- 
 tion at this time, for this particular town, connected with the per- 
 sonal unfitness of the present justices for their duties. It is 
 singular, if this be bo, th*t this bill, while taking from the justices 
 their general power to preside over town meetings, forbids any ap- 
 propriation of money by the people of the town, unless the same 
 shall first be proposed by the board of town auditors, of which 
 board the justices constitute a majority of two- thirds. 
 
 Whatever be the facts, I am confident it is better to submit to 
 temporary evils, until they can be remedied by the people in the 
 ordinary method, than to seek to cure them by special laws such as 
 this. Such laws tend only to encouraging the people in leaning 
 unnecessarily on the Legislature, and in neglecting the active care 
 of their own interests at home. 
 
 JOHN T. HOrFMAN. 
 
 Executive Chambek, 1 
 Albany, April 24, 1872. j 
 To the Senate : 
 
 I return, without approval, Senate bill No. 357, entitled " An 
 Act for the organization and incorporation of the Lenox Farmers' 
 and Mechanics' Association." 
 
 All that the parties interest-ed in this bill desire, they can obtain 
 by incorporating themselves under the general laws of the State; 
 either under the law passed in 1855 for the incorporation of agri- 
 cultural societies, or undqr the law passed at the present session 
 of the Legislature relating to driving park and park associations, 
 being chapter 248 of the Laws of 1872. 
 
 JOHN T. HOFFMAN. 
 
Messages 03? Gov. Hoffman. 358 
 
 Executive Chamber, ) 
 Albany, AprU 30, 1872. j 
 
 To THE Assembly : 
 
 I return, without approval, Assembly Bill, No. 118, entitled " An 
 Act to reorganize the local government of the city of New York." 
 
 The bill provides a new charter for the city of New York, the 
 main features of which are these : One board of forty-five Aldermen, 
 elected, nine in each Senate district, by a novel method called the 
 cumulative vote, under which one man may vote nine times for one 
 candidate and whereby a minority can elect its candidate or candi- 
 dates against the will of the majority in the district ; this board of 
 aldermen to appoint four out of the five heads which are given to 
 each of the administrative departments, except the Police Board, of 
 which the Common Council appoints all the members and the 
 mayor is made, by virtue of his office, an additional member there- 
 of; the mayor has the jjower of appointing the presiding member of 
 the boards of five wot severally control the other departments. 
 The law department alone is left with one head chosen by the mayor, 
 comptroller and first judge of the Court of Common Pleas and re- 
 movable by the mayor for cause. 
 
 When considering charters for cities and villages I have not felt 
 myself justified in interposing the executive veto, where a difierence 
 of opinion existed between the Legislature and myself only on minor 
 details, not involving important principles. This bill, however, is, 
 in its main features, contrary to the established fandamentai prin- 1 
 ciples of good government as recognized by the people of this country, [ 
 and irtike "to lead to very great evils. It vests in the Common 
 Council the appointment of those who control administrative de- 
 partments, thus stripping the Mayor of power necessary to making 
 his office of use to the public interests. The Mayor is allowed one 
 member of each of the several boards to which the administrative 
 departments are entrusted, while four other members are chosen 
 some by the majority, and some by the minority of the Common 
 Council. It seeks to establish, in one portion of the State only, in a 
 single city, a revolutionary change in the mode of voting by the 
 45 
 
364 Messages of Gov. Hoffman. 
 
 people, other than that which has always been practised throughout 
 the country. 
 
 In passing this bill, the Legislature could hardly have expected 
 that I would approve of it. On the contrary, it must have antici- 
 pated, from the opinions expressed on the subject of city govern- 
 ment in my annual message, that I could not give to it the sanction 
 of my oflScial signature. I regret that final action upon it has been 
 delayed to so late a period in the session. 
 
 It has been stated in argument before me that, in its main features, 
 this bill accords with my own views, heretofore expressed. The 
 fact is, it is in direct opposition to the recommendations of my an- 
 nual message, which recommendations were founded upon eight 
 years of official experience in connection with the government of 
 the city of New York ; and which, I have reason to believe, have 
 received the approval of almost every intelligent man who has a 
 practical knowledge of the workings of that government. The bill 
 is understood by many as conferring ample power ' upon the mayor, 
 as chief executive of the city. It, in fact, leaves him almost with- 
 out power and subordinate, in the matter of administration, to the 
 Common Council, in whoni is vested the appointment of those who 
 control the several departments of the city government. All this is 
 opposed to" the best experience in matters of government and, in 
 fact, in all matters of private business. A single executive with 
 responsibility concentrated upon him for the acts of subordinates is 
 the first condition of good administration in public or private affairs. 
 Any other method of administration always results in neglect and 
 abuses for which no one can be held to blame. It will be impos- 
 sible, under this charter, to fix responsibility for mal-administration 
 on any man. The responsibility will be shared by so many that the 
 usual moral restraints of conscience and of personal shame at wrong 
 doing will be weakened so as scarcely to be felt. A man is capable 
 of shame and sensitive to public opinion and public odium. A large 
 body of Efien, countenancing each other and knowing that the claim 
 of their joint action will be divided among many, are, as experience 
 shows, much less likely to be influenced by these natural restraints 
 upon human conduct. Every day exhibits to us men consenting to 
 things being done by boards whereof they are members, which we 
 know they would not do, if acting in their individual capacity and 
 on undivided responsibility. For the enacting of wholesome laws, 
 for the careful interpretation and application of these laws to the 
 rights of those subject to them, the deliberation of bodies of men, 
 
Messages op Gov. Hoffman. 355 
 
 piore or less nnmerous, are useful and necessary ; but in the enforce- 
 ment and administration of the laws, a single executive has always 
 been found essential^to good government. 
 
 Our experience, in both our State and local governments, teaches 
 that all changes taking away from the chief executive officer, his 
 control over and his full consequent responsibility for the general 
 administration of affairs, have resulted in making things worse, not 
 better. A fundamental principle of the American forms of govern- 
 ment, and, in fact, of all wise government, is that the Executive, the 
 Legislative and the Judicial Departments shall be separated from 
 each other; that each has its proper sphere of action; and that no 
 one of these shall be charged with or permitted to exercise the func- 
 tions of one of the others. This charter throws aside this principle, 
 recognized by the American people and approved by the experience 
 of the world. Nowhere on this continent is it so essentially a con- 
 dition of good government as in the city of New York that the chief 
 executive officer should <be clothed with ample power, have full 
 control over all subordinate administrative departments, and so be 
 subject to an undivided responsibility to the people and to public 
 opinion for all errors, short-comings and wrong-doings by subordi- 
 nate officers. The administration of the affairs of that great city 
 should be in the hands of some one on whom the public gaze is al- 
 ways concentrated, and from whom it cannot be diverted on the plea 
 that others share his responsibility and his power. No machinery 
 can be devised which will be a safe substitute for this personal un- 
 divided responsibility of the chief executive, and this can only exist 
 where the powers conferred are so ample and so completely his own 
 that he cannot throw off upon others any share of blame and so can 
 not escape having public odium concentrated upon him for all mal- 
 administration. Put any man in this position in that city and we 
 have the strongest moral restraints upon him for good behavior, in 
 addition to the legal restraints which can be imposed by providing 
 for his removal from office by superior authority. Having done 
 this, we have done all we can to secure good administration. We 
 ought not to do less. Our people are so accustomed to rely on the 
 chief executive to prevent and correct errors in administration that 
 after this charter shall have transferred the powers that belong to 
 the mayor over to the Common Council, they will not very readily 
 turn their eyes on the members thereof, but, from force of habit, 
 leave them unwatched. 
 
 It is amazing to me that men of intelligence and experience from 
 the city, men who have lived in it for years and know something at 
 
356 Messages op Gov. Hoffman. 
 
 least of public affairs there, should urge the confiding, substantially, 
 of all administrative power to any body of forty-five men, no matter 
 how elected; a body in which responsibility can be so easily evaded 
 and covered up, so readily shifted from one to another, and is 
 scattered and shared among so many that, under this system, re- 
 sponsible government will not, in fact, exist. It is amazing to me 
 that men should urge this plan for administering the affairs of that 
 great and wealthy city, who would not think of applying such a false 
 method of administration to any of their great private enterprises, 
 who would not think of so governing their ships, or their counting- 
 houses, their printing-houses, their factories, their workshops, or their 
 farms, if they had them. The instincts of men are against this false 
 method of administration through many-headed boards. Men, in- 
 variably in private business, entrust executive duties to one head, 
 to whom subordinates in their several departments are answerable. 
 No private enterprise can prosper under any other system. And, 
 in my judgment, no government can be successful except under the 
 same system, approved by the experience and practice of the civilized 
 world and confirmed by the instinctive habits of men in all enter- 
 prises public or private, which require co-operation. When theories 
 are put forward directly opposed to this experience and these in- 
 stinctive habits, we may be sure, whatever the arguments made in 
 their favor, that they are not the outgrowth of practical wisdom. 
 
 The Constitution of the United States affords us the best model of 
 a government. It may not be perfect in all its details ; for it is of 
 human creation. But the country has done well under it for a 
 century, and we are justified in saying, after our late civil war, that 
 no form of government, in the history of the world, has stood, and 
 successfully stood, so severe a test as ours. In the beginning, our 
 Sta,te governments were, almost all of them, upon the same model ; 
 and all thoughtful men acknowledge that in departing from this 
 pattern in the government of this State, as we have done in our ex- 
 isting Constitution, we have made a great mistake. 
 
 The city of New York contains a larger population than many of 
 the States, and larger than did our own State a few years ago. Its 
 annual ^revenues and expenditures are larger than were those of the 
 Federal government thirty years since. There is no reason why, in 
 seeking to devise a good form of government for that city, we should 
 not adhere to the main features of the Constitution of the United 
 States, which has worked so satisfactorily that probably not a man 
 in the country would approve of altering it in these principal features. 
 Hardly an American citizen could be found who would think it wise 
 
Messages op Gov. Hoffman. 357 
 
 to transfer the great administrative power now vested in the Presi- 
 dent over to Congress. On the contrary, there is great fault finding, 
 among the people, at the extent to which members of Congress, even 
 now, interfere with the President's proper duty, by pressing their 
 personal recommendations of candidates in order to influence appoint- 
 ments to administrative offices. The members of the Common 
 Council in New York will exert all the influence over appointments 
 which are consistent with the public good without having the legal 
 power of appointment, or any part of it, vested in their hands. 
 
 It is not many years ago that in the city of New York, the various 
 administrative departments were practically under the control of the 
 committees of the Common Council; the Street Department under 
 the committee on streets, and so on. Some among those who are 
 now advocating this charter, can remember how badly that system 
 worked and how earnest and long-continued were the efibrts of the 
 people to get this executive power away from the Common Council. 
 The charter now before me is a retrograde movement ; it goes back^ 
 to a system long since condemned by the people of the city and by 
 the Legislature. 
 
 It is admitted by those who advocate this charter that it would 
 be unwise to place this control over the entire administrative duties 
 of the government of the city in the hands of a Common Council, 
 as heretofore elected. They rely on the new method of election 
 proposed by them, to provide security against maladministration . 
 They forget that the objection to this mistaken method of govern- 
 ment is not obviated by a change of the men. No body of forty-five 
 men, no matter of whom composed, no matter in what manner selected, 
 can discharge the duties whjch pertain properly to an executive 
 officer. The forty-five wisest and most honest men in the country 
 would blunder in the effijrt, because of the want of prompt decision 
 and unity of will, both of which are essential to vigorous administra- 
 tion. Any one of their number, acting alone, would do well where 
 all of them acting together would be pretty sure to do ill. 
 
 The remedy which is relied upon against the evils of misgovern- 
 ment under this charter, is the cumulative system of voting, which 
 it introduces in order to secure fuller representation of the minority. 
 It is claimed that this will result not only in a better class of repre- 
 sentatives, but in greater power, on the part of the minority, to 
 restrain the majority. Nine aldermen are to be elected in each dis- 
 trict, and every elector is authorized, instead of voting once for each 
 one of nine candidates, to cast, if he chooses so to do, nine votes for 
 any one candidate, or to cast three votes each for any three candi- 
 
358 Messages of Gov. Hoffman. 
 
 dates, and so on. This plan seeks to let the party which is in a 
 minority in any political subdivision put into office its candidate, in 
 spite of the opposition of the political majority. Experiments are 
 now being tried, in one or two of the other States, of this cumulative 
 method of voting as to some of their local elections ; but these have 
 been inaugurated so recently that they afford us no guide to sound 
 judgment, derived from actual practice and experience. It is pro- 
 posed by this bill, that we shall try the experiment in the chief city 
 of the continent, with its vast and complicated interests exposed to 
 great injury, if this new theory prove to be a failure. A city of a 
 million of inhabitants is not the place for trying experiments in 
 government, especially an experiment which many of the most 
 thoughtful of our people believe to be visionary, impracticable, and 
 unconstitutional. It would be much wiser for us to await the results 
 of the trials now going on elsewhere. 
 
 This would not be the first time that a scheme to allow the minor- 
 ity to put men into office, in spite of the opposition of the majority, 
 has been tried in this State. For many years the Board of Supervi- 
 sors in New York was elected upon this principle. In this instance 
 the minority were allowed, practically, tochoosejust half the Board. 
 This experiment, warmly and earnestly advocated at its introduction 
 as a valuable improvement, resulted, as all admit now, in a disastrous 
 failure, and was abandoned with general consent. There is this 
 difference between that instance and the method now proposed, that 
 there the minority was secured an equal share of power, while here 
 it is expected they will obtain only a share proportioned to their 
 actual numbers. 
 
 A very serious question arises whether this method of voting is 
 in conformity with the provisions of the Constitution. Many of the 
 ablest lawyers of the State have not hesitated to express their con- 
 victions that it must be held to be unconstitutional. It is said, and 
 with great force, that the election, as regulated by this charter, is not 
 an election in the sense in which that word was understood at the 
 time the Constitution was made, and in th'6 sense that it has always 
 been understood among us. An election is the choice of a public 
 officer by his receiving a larger number of votes than any other 
 candidate in the district entitled to fill the office, all the electors 
 being entitled to vote once at such election for a candidate for the 
 place to be filled. It is suggested also that the Constitution guar- 
 antees that all electors shall be entitled to vote for all officers who 
 are to be elected by the people, and that if any elector exercises his 
 right to vote once for each of the nine aldermen to be chosen for 
 
Messages of Gov. Hoffman. 359 
 
 liis district his single vote as to any one of the candidates, cannot be 
 overridden by one of his neighbors voting nine times for some one 
 man, for the same place, without an infraction of his equal right of 
 suffrage as an elector under the Constitution, There is, therefore, 
 reason to fear that the election ordered under this charter might be 
 declared invalid at a time when the Legislature is not in session and 
 that, meanwhile, great confusion may prevail in the affairs of the 
 city. While in ordinary cases a threat of litigation is not, of itself, 
 a suflScient reason why the Legislature should refrain from passing 
 a law, or why I should refuse it my approval, yet, when the change 
 to be made in the law is so revolutionary in character as it is in this 
 case, when the doubts of its constitutionality are so grave and serious, 
 and when complicated injurious litigation is almost certain to follow, 
 both the Legislature and myself are bound, by a prudent regard for 
 the public interests, to abstain from making great innovations, not 
 called for by any overruling necessity. 
 
 The fundamental principle of our government, familiar to the 
 people, is that elective officers shall be chosen by a majority of the 
 votes of the people entitled to take part in the choice. In all ques- 
 tions submitted to the people, the majority decides. When any 
 other principle is sought to be introduced, a revolutionary change 
 of great magnitude is proposed, which ought not to be tried under 
 the satnction of an act of the Legislature only ; if so great a change 
 is to be made at all, it should be done only with the careful delib- 
 eration which pertains to revisions of the Constitution. 
 
 Independent of the constitutional question is that of the expe- 
 diency of this change of the method of choosing representatives. I 
 am not disposed to take the ground that some form of minority re- 
 presentation may not prove to be an improvement. This has, nowhere, 
 been tried long enough to prove anything. Whether this method 
 will operate well or ill, in practice, is a question in considering 
 which men, whose intelligence I respect, entertain enthusiastic 
 hopes of good, while, on the other hand, many of equal intelli- 
 gence anticipate very great evils from it. In the absence of ac- 
 tual experience, all opinions upon it are speculative merely. I 
 suggest some of the dangers to which this system may, it seems to 
 me, be exposed in practice. 
 
 In all free governments the people divide themselves into two 
 great parties. This tendency is so universal that it is not states- 
 manship to ignore it. Enactments will not overcome it. It is a 
 natural, useful and wholesome division; it ensures a large body of 
 men among the people interested in and intent upon fault-finding 
 
360 Messages op Gov. Hoffman. 
 
 with the party in power and struggling, by means of exposure of 
 their errors, to bring over to the side of the minority enough of the 
 electors to convert it into a majorityj and so to take over the gov- 
 ernment. In politics, as in other things, it is agitation which puri- 
 fies. Under this proposed new system of voting, the minority carry 
 in their candidates without effort. The majority do the same. In 
 a district where it is known that the political majority usually casts 
 about two-thirds of the whole vote, there being nine Aldermen to 
 be elected, the caucus or nominating convention of the political 
 majority will naturally concentrate all their votes upon six candi- 
 dates ; the caucus of the minority will concentrate on three. There 
 will be no actual contest before the people. , The decrees of the 
 party caucuses will be absolute. Neither side will be in fear, lest, 
 by putting forward unfit candidates, it may lose the election. For 
 the two parties will be acting at the polls not against each other, but 
 independent each of the other. This condition of things, where the 
 decrees of the party caucuses, on both sides, are final, naturally gives 
 rise to secret combinations between the leaders on both sides for an 
 agreed upon division of power, against which combinations the mass 
 of the voters might, under this system, struggle in vain. It is true 
 there is an opportunity for a combination, in favor of one or two 
 candidates, of independent voters who may be regardless of party 
 associations. But when the power of the regular party organization 
 is considered, will not this influence of combinations of independent 
 voters make itself felt to a very limited extent, and very rarely ? 
 Will it be equal to the power which voters, disposed to disregard 
 their party associations on any occasion, can now exert, by tempora- 
 rily voting with the opposing party, by way of rebuke to their own ? 
 Thousands of men in New York city exerted their power in this 
 way last autumn. The political revolution in that city was wrought 
 out by the tremendous power of the majority, not through any 
 scheme of divided votes or of minority representation. 
 
 It may be a fatal mistake for us to be over-confident that the effect 
 of this method of voting will be merely to add to the influence and 
 power in politics of the more unselfish and more virtuous among the 
 electors. The professional politicians may use it more skillfully and 
 effectually than others, and it may entrench them in power beyond 
 the reach of the popular majority or of popular condemnation. This 
 system must tend to increase, very largely, the power in politics of 
 men who have a personal following, in the shape of clubs and asso- 
 ciations, formed to promote the success of one man in local politics. 
 
Mbssa«-bs of Gov. Hoffman, 361 
 
 The weight of a club of this kind will be iaereased ninefold, a club 
 of one thousand wielding nine thousand votes. 
 
 Nor is it to be overlooked that this cumulative method of voting 
 confers a higher money value on the ballot of any man who is cor- 
 rupt enough to sell it. He can make his vote worth, to any one 
 candidate, nine times as much as it is now. The inducement to pay 
 and the inducement to take bribes will both be greater than now. 
 
 The Legislature must itself havei looked upon this method of voting 
 as nothing better than an experiment ; if it had been satisfied of its 
 merits and had had confidence in its working well, it would have 
 applied the principle generally, wherever it could be applied, to 
 local elections, at least, throughout the State. 
 
 It is right that the minority should be represented in all public 
 deliberative bodies ; and the American system of government makes 
 provision for its representation. Every political subdivision sends 
 a representative of its own choice to the general representative body ; 
 congressional districts to Oougress, assembly districts to the Assem- 
 bly, towns to the Boards of Supervisors, wards to villages and city 
 Councils, and thus the minority in the State at large, being never- 
 theless the majority in many of the political subdivisions of the 
 State, is enabled to scpure its approximate share in the public eoun- 
 cils. If subdivision has not been carried far enough in the city of 
 New York to give the minority its proper share in the deliberations 
 of the public councils of the city, a safe and not an untried remedy 
 can be afforded by dividing the city into more numerous and smaller 
 wards or representative districts. One board of the Common Coun- 
 cil might, without inconvenience, be made to consist, if necessary, 
 of as many members as the Assembly of the State. The minority 
 would be sure thus to have, if it chose, a representation equal to 
 performing the true duty of a minority, that of watching the gov- 
 ernment of the majority and of warning the public of any wrong- 
 doing. Almost every great interest in the city, could, if it chose, 
 have its representatives in such a board. I owe this suggestion to 
 a thoughtful member of Assembly from the city of New York, be- 
 longing to the dominant majority in the legislature, who has much 
 practical knowledge of New York and its needs. 
 
 I have dwelt at so much length upon this question of minority 
 representation, because it is the distinguishing feature of the charter, 
 both in the election of the legislative branch of the city government 
 and in the choice by it of heads of executive departments ; and this 
 feature its advocates claim as its chief merit. 
 46 
 
362 MBSSAaBS of Q-ov. Hoffman. 
 
 The bill does not limit itself in applying the minority doctrine, 
 so-called, to the election of representatives of the people in the pub- 
 lic councils. It proposes to give the minority of the members of the 
 Common Council the same power of selecting, independent of the 
 majority in that body, a portion of the men who are to administer 
 the government of the city in its various departments. 
 
 The minority ought to be represented as fully as possible in pro- 
 portion to its numbers in the public councils. But the minority 
 has not the right to govern. It is not wise that it should share, in 
 any degree, in the actual administration of affairs. The majority 
 must govern. The useful sphere of duty for the minority is to watch 
 the governing party, to expose its wrong doing, if any; to restrain it 
 by this vigilance and exposure. Just so far as the minority is ad- 
 mitted to a share in the actual administration of government, to a 
 share in executive duties, just so far is it weakened for the perform- 
 ance of its proper duty, that of vigilance over those in authority, 
 just so far is its inclination to be vigilant lessened. It is only a min- 
 ority out of power that will be faithful to the duties of a minority. 
 Every member of the minority who is admitted to take part in the 
 actual administration of public affairs and all of his party whom he 
 can influence ,naturally acquires a tendency te defend the adminis- 
 tration of which he forms a part and where they ought to be exer-^ 
 cising a restraining power by their vigilance, they are often found 
 helping to cover up things that need exposure. An administration 
 that has its corps of defenders in both political parties will be much 
 more likely to continue improper practices, than if it relies for defence 
 only on its own party friends and feels that the opposite party is 
 ready, in solid ranks, promptly to assail it if guilty of wrong doing. 
 I believe the clear, complete and undivided responsibility of one or 
 other of the political parties into which people, in all free communi- 
 ties, divide themselves, is essential to good government. . For vigi- 
 lance on the part of the people themselves, this bill proposes to 
 substitute the services of a few individuals put into partial power by 
 the minority as watchers, which will tend to make the people rely on 
 these few and indifferent to their own duty of vigilance in their own 
 affairs. These few hired watchers may become screens for errors 
 and neglect of duty on the part of their associates and themselves. 
 
 The government of the majority is the only government recognized 
 by the Constitution of the United States and of the State. The ma- 
 jority controls and must control in legislation, and ought to be solely 
 responsible for administration. When its representatives prove 
 recreant to the trusts committed to them, a vigilant minority is quick 
 
Messages of Gov. Hoffman. 363 
 
 to take advantage of the fact and in turn it becomes the majority. 
 The existence of a strong, vigilant minority, which, not being a sharer 
 of power, has no motive to defend those in power, but every motive 
 to expose them when doing wrong, is quite as essential to honest and 
 faithful administration of the affairs of the republic, as is the exist- 
 ence of the majority in whose hands the actual management of public 
 affairs is placed. This cumulative method for appointing heads of 
 departments may have the effect of fatally lessening, at once, the 
 sense of responsibility on the part of the majority, and the vigilance 
 of the minority. The majority rule prevails not only in the govern- 
 ments of the United States and of the State, but also in all municipal 
 and moneyed corporations. To substitute in its place a plan like 
 the proposed, untried as yet anywhere, in the great city of New York, 
 seems to me to be a most dangerous political experiment. 
 
 Without entering upon too precise an examination of the details 
 of the charter, the following suggestions as to some of them, may 
 commend themselves to the consideration of the Legislature. 
 
 The finances of the city are to be put, by the charter, in the charge 
 of a board of five persons, of whom the Comptroller is to be one. He 
 is to be appointed by the Mayor ; the other four by the Common 
 Council. If a proposition were made to associate with the Secretary 
 of the Treasury of the United States, four persons chosen by Con- 
 gress, who shall have power to overrule his decisions, or if it were 
 proposed to give, to the Comptroller of this State four no-ordinate 
 comptrollers chosen, whether on the majority or minority principle, 
 by the Legislature, few would regard the proposition as one likely to 
 lead to more directness of purpose, or greater efficiency and fidelity 
 in management. No proposition has ever been made in any con- 
 stitutional convention in the country like this one of trusting the 
 administration of a financial department to a five-headed board. Such 
 an arrangement must, of necessity, render it difficult for the Mayor 
 to find a man fit for the position who will accept the office of comp- 
 troller, and equally difficult for a fit man, if he took it, to retain the 
 place, and at the same time, his own self-respect. For the comp- 
 troller will still continue to be looked upon by the public as respon- 
 sible for the management of the department, while every decision of 
 his, in small matters or great, is liable to be overruled by the votes 
 of his associates, chosen by the Common Council. 
 
 The Department of Public Works is organized in the same way, 
 with five commissioners at its head, appointed one by the Mayor, 
 four by the Common Council ; and this department is to be charged, 
 in addition to its present extensive duties, with the duties now per- 
 
364 Messages oe Gov. 'Hoffman. 
 
 taining to the Department of Docks. It is a strange feature in tte 
 charter that the Department of Parks, the work of which is sub- 
 stantially completed, should be continued as a separate department, 
 with five commissioners, while the Department of Docks, charged 
 with a very important, necessary and extensive improvement, essen- 
 tial to the future business prosperity of the city and long demanded 
 by its merchants, is abolished and its duties handed over to a bureau 
 in the Department of Public Works. 
 
 The Department of Public Charities has a very unwise and need- 
 less restraint placed upon its discretion, by this charter. While 
 authorized to grant aid, with the approval of the Board of Alder- 
 men, in partial support of hospitals, asylums and other charitable 
 institutions managed by private associations, it is provided that no 
 aid shall be given " to any institution that is under the manage- 
 ment or control of any sectarian or religious denomination." If all 
 aid had been forbidden to any private charitable society, or to any 
 institution not maintained and controlled exclusively by the public 
 authorities, I could understand the arguments by which such a 
 prohibition might be defended. But the principle being once ad- 
 mitted that the city may aid such institutions and so, perhaps, relieve 
 itself partially from the care of the unfortunate and the helpless, I 
 can see no wisdom and no justice in discriminating against those 
 which, while relieving physical suffering and want, choose to furnish, 
 in addition, for the old the consolations of religion and for the young 
 religious instruction. No matter under what form this consolation 
 or this instruction may be given, so long as it leads the old to 
 look for comfort and the young to look for guidance to God, it is 
 monstrous to discourage its being done, by positive enactments of 
 law. It is according to our established notions of government, that 
 the public authorities should do nothing purposely to promote the 
 growth of one religion or another, should not discriminate in favor 
 of any sect or form of belief. Neither is it just, that they should 
 discriminate in favor of unbelief and against religion in every form. 
 There would be no justice in granting aid to a private asylum which 
 shut out from itself everything in the shape of religion and at the 
 same time refusing aid to another which did the same amount of 
 useful work in the way of relief to physical suffering, because it did 
 its work from religious motives and with religious sanction. 
 
 A hospital, for instance, founded by private wealth contributed 
 from Hebrews, and therefore properly under the management of men 
 of their ancient faith, is none the less useful to the city for that 
 reason, in relieving those suffering from wounds and sickness. Its 
 
Messages op Gov. Hoffman, 365 
 
 doors are open to all ; they must be so, for it is a condition of the 
 aid given to any private charitable institution, under this charter, 
 that the Commissioners of Charity may send to it, to be cared for, 
 free of expense to the city, such persons as they think fit, in numbers 
 sufficient to exhaust the whole amount of aid granted to it. Nothing 
 is more natural than that persons who are already associated in one 
 church or congregation should unite in these enterprises of benevo- 
 lence ; meeting constantly, the formation of a society for any specific 
 purpose of the kind is so much easier a task. The association of 
 men in religion always assumes, of necessity, a denominational form, 
 and there is hardly a charitable institution of merit to be found 
 which is not, wholly or partially, under denominational management 
 or control. Take out of existence all the charitable societies of New 
 York that owe their origin to religious motives, and the religious 
 associations of men, and scarcely one would be left. A deed of 
 charity is none the less an act of practical good to the community 
 because done by religious men or associations, be they Hebrew or 
 Gentile, Protestant or Catholic. If then, while doing all they can 
 tp relieve physical pain, to maintain the aged, to feed the hungry, 
 to rescue the vicious, to protect orphans, the managers of these in- 
 stitutions ofiier prayers for the sick, the penitent and the dying and 
 cultivate the moral and religious element in the young, according to 
 the forms with which they are severally familiar, how does that 
 make them less entitled to aid, if aid is to be given, than institutions 
 which are entirely free from denominational management or con- 
 trol ? 
 
 The public officers should have nothing to do or to say about the 
 religious forms that prevail in any of these institutions, nor should 
 they inquire whether any religion whatever is taught or practiced 
 therein. The amount of aid which they may think it wise to afibrd 
 them should be regulated by considerations entirely disconnected 
 with their religious tenets or character. The power of visitation 
 conferred by the charter upon the Commissioners of Charities, the 
 reports required from the institutions themselves, and the agreement 
 exacted that for any aid granted a full equivalent shall be rendered 
 if required, provide sufficient guaranties against abuse, without this 
 monstrous declaration in the law that good deeds are to be discrimi- 
 nated against, if accompanied by religious convictions or religious 
 observances. The claims of any charitable society, if good at all, 
 are none the less good, because it is controlled or managed by men 
 professing some religion. 
 
366 Messages of Gov. Hoffman. 
 
 By this charter, the department of public instruction is to be, forth- 
 with, entirely reconstructed ; and, by the first of July next, the 
 whole force of teachers employed, consisting of over two thousand 
 five hundred persons, of whom two thousand are women, will cease 
 to hold their places. Care has been taken to provide expressly that 
 all policemen now in service, all firemen, all the employees of the 
 Health and Building departments shall continue in office ; but for 
 some reason, no such care has been taken of the teachers. Their 
 claim to remain in their present places, until good cause is shown 
 for their removal, is quite as valid as that of the employees of other 
 departments. They have earned their positions by capacity, industry 
 and fidelity to duty. 
 
 The schools of the city are in a satisfactory condition. The rules 
 provided by present regulations to protect the teachers from removal 
 capriciously, or without good cause being established, are wise, salu- 
 tary and just, and have been a means of encouragement for faithful 
 attention to duty on the part of the teachers. To put them all sud- 
 denly out of employ by this sweeping enactment, to compel them to 
 renew, before a fresh set of men, applications for the places they 
 have already earned, to furnish new proofs of their fitness already 
 ascertained, to force upon tbem afresh the weary task of gathering 
 testimonials of character from those who know them and appealing 
 for aid to the influential, to subject them to the chances of being 
 rejected from caprice, or in order to make room for some whom the 
 numerous new managers may want to befriend, is a cruel and un- 
 deserved wrong, inflicted upon an unobtrusive and faithful class of 
 workers, for which there is no justification, and which will produce 
 a fearful amount of anxiety and distress. 
 
 There is another provision of the charter which will work great 
 injustice and positive deprivation of constitutional right. The first 
 election under it is ordered to be held on the third Tuesday of May. 
 The first of May is the established day of the year in New York for 
 changes of residence ; and thousands of electors will, by this pro- 
 vision, be disfranchised at this election, because the Constitution 
 requires a residence of thirty days previous to an election to enable 
 an elector to vote in any district. It is proper in this connection, 
 however, that I should say that, since this bill reached me, two other 
 bills relating to elections in the city of New York, have successively 
 reached the executive chamber; one fixing the spring election on 
 the fourth Tuesday, the 27th day of May, and the other on the 
 thirty-first day of May. If this last should become a law the objec- 
 
Mbssagbs of Gov. Hoffman. 367 
 
 tion just stated would be removed, but I bave not yet been able to 
 give it the consideration which some of its provisions demand. 
 
 The provision of the charter which excites in me the greatest 
 apprehension is that which places the absolute control of the Police, » 
 Health, Fire and Building Departments in the hands of a Board of 
 Safety, composed of six members, all to be appointed by the Com- 
 mon Council, subject to no authority but theirs, and liable to removal 
 by a two-thirds vote of that body, and to no other corrective power 
 or influence ; with power to fill all vacancies occurring in their own 
 body, their regular term of office being six years, one-half of those 
 first chosen to go out in three years. The Mayor makes the seventh 
 member of this Board, but exerts no more power than any other one 
 of his associates. 
 
 This board is to have exclusive control over all matters connected 
 with personal safety and the protection of life, health and property. 
 It is to be chosen at two elections, three at each election, by the 
 Common Council voting upon the minority or cumulative plan. It 
 is obvious that in this board is vested, practically, the government of 
 the city, so far as the most imporant functions of government are 
 concerned, to wit, the protection of life and property and the pre- 
 servation of public order. Yet this board is put more completely 
 under the control of the Common Council, than any of the others. 
 A little examination will show that, under the provisions of the 
 charter, it must become completely subject to the Common Council. 
 Tor some unexplained reason, even the restraint of the minority 
 principle is, practically, taken off in reference to this board. The 
 Mayor has no power of appointment or removal of any one of them. 
 He sits with them, as President and one of seven, each one having 
 an equal vote. In all the other departments it is provided that, in 
 case of the removal of any commissioner, the aldermen who voted 
 for him shall fill the vacancy, thus enabling the minority, who origi- 
 nally filled the place to retain in it always one of their own choice. 
 In case of removal, death or resignation of any of this Board of 
 Safety, the remaining members of it fill the vacancy for the unex- 
 pired term. In the other boards, any commissioner, no matter by 
 whom appointed, may be removed by the Mayor, upon assigning his 
 reasons for such removal, oi by the Governor, in the same manner 
 as is provided for the removal of sheriffs. But no member of this 
 Board of Safety, on whom are devolved duties and powers of the 
 same kind as those confided to sheriffs can be removed by the Go- 
 vernor, upon charges of misconduct, or by the Mayor. I ask every 
 
368 Messages of Gov. Hoffman. 
 
 thoughtful man to consider why this power of removal should ba 
 given to the Governor and Mayor in less important departments^ 
 and denied to them in this the most important department of all ? 
 It is provided that any member of this Board can be removed by a 
 Vote of two-thirds of the Common Council (and in no other way), 
 provided that the cause of such removal be stated in the journal and 
 the accused have ten days within which to answer the charges 
 against him. 
 
 The best result the advocates of the minority method of voting 
 hope from it is that the political minority in the city may, by means 
 of it, secure one-third of the members of the Board of Aldermen, 
 This is the best they expect ; they look upon it as probable that the 
 proportion of the minority will be less than one-third, as a general 
 thing. It will be seen that, even with a minority of one-third in 
 the Board of Aldermen, the two members chosen by the minority 
 to the Board of Public Safety may be removed by the two third 
 vote of the political majority, and the vacancies so created will be 
 filled by the other four members of the board, who were appointed 
 by the political majority. A political majority of two-thirds in the 
 Board of Aldermen can fill every place in the Board of Safety ; or 
 a combination of any two factions in the Board of Aldermen, whose 
 united members make a two thirds majority can appoint absolutely, 
 and, in spite of the minority, eTery member of this most powerful 
 of the departments. The minority cannot secure for themselves one 
 man in the board to watch its doings. 
 
 If the safeguard of the minority principle be good for any thing, 
 it ought certainly to have been retained over the department in ' 
 which is vested the largest amount of power and the most danger- 
 ous kind of power. Abuses in the other Departments can end only 
 in waste of money. Abuses in the Police, Fire, Health Depart' 
 ments affect the daily security of life and property, and of personal 
 freedom. In the provisions relating to this Board of Safety, the 
 charter is not only inconsistent with all established maxims of go- 
 vernment, but is also inconsistent with its own cherished theory. 
 
 In addition to these objections, I call attention to the fact that, 
 since the passage of this charter, a bill has passed the Legislature, 
 and is now before me, which confers upon this so-called Board of 
 Safety, appointed by and removable only by the Common Council, 
 the entire charge of future elections in the city of New York. 
 
 It is a marked confirmation of the correctness of the general in- 
 stinct which leads us to rely on a single head for executive and 
 administrative duties that those who drafted this charter while tak- 
 
Messages oi' Gov. Hoffman. 369 
 
 ing away from the Mayor all substance of power, and reducing him 
 to the position of a mere ornamental head of affairs, propose, never- 
 theless, to enact in it the following provision (see section 24, subdi- 
 vision 5) : " The Mayor shall be responsible for the good order and 
 efficient government of the city." In spite of the theories which 
 they had suffered to mislead them, they express in this a principle 
 on which the whole government of the city, to be successful, must 
 be founded, and with which every provision in a good charter must 
 be made to conform. 
 
 The only argument that has been adduced before me to justify 
 the provisions of the charter which make the mayor powerless, is 
 that the people may, possibly, elect an unfit man to the office. If 
 they should do so, is there any reason to believe that the Common 
 Council would be any better ? 
 
 There are other minor details in the charter to which objections 
 might be suggested, but my main objections are to its lodging all 
 the power of the city government, executive as well as legislative, 
 in the Common Council, and to its making the great city of New 
 York the subject of an experiment in political government, having 
 the sanction, as yet, only of speculative opinions and opposed to 
 past experience. The city is getting on tolerably well under its 
 partially reorganized local government. Its credit is re-established ; 
 its scale of expenditures is being reduced, and no complaint of want 
 of fidelity in the administration of its departments, generally, is now 
 made. Even if things were not in this condition, the most pressing 
 necessity could not justify the subjecting of this great city to an 
 experiment or running the risk of sacrificing it to a theory. Novelty 
 is not necessarily reform. 
 
 I have watched closely the discussion on the subject of municipal 
 government, and especially of this charter, in the public press. The 
 New York Herald in a recent issue, expressed so well the impression 
 left upon my mind by an examination of this charter, that I cannot 
 do better than quote its words. It says : " It is a law experimental 
 in its character, complicated in its machinery, and destitute of that 
 directness and simplicity which, more than anything else, tend to 
 secure good and honest goverment. Unless a great change has come 
 over our politicians and office seekers, we are likely to see more 
 corrupt bargains and conspiracies under this law than we have ever 
 known under any former charter." 
 
 I have reason to think that many members of the Legislature 
 have voted for this act, with all its novelties, under a feeling that the 
 47 
 
370 Messages of Gov. Hoffman. 
 
 gentlemen from the eity of New York who prepared it had looked 
 well and carefully into the subject, and that in many instances, mem- 
 bers have been disposed to rely upon the judgment of these gentle- 
 men as to what was needed and what was wished for in that city. I 
 trust that upon further consideration, the Legislature will agree 
 with me that the bill ought not to become a law. The objections 
 which did not perhaps, occur to them, are urged by one who had 
 several years' experience in conneiction with the government of the 
 eity of New York, and who in presenting them- has no other object 
 and desire than to promote and protect its interests. 
 
 The most experienced legislator in the Assembly, one who has 
 held the second office in the State, and whose practical acquaintance 
 with the public affairs of the State, is of, perhaps, as long and con- 
 stant continuance as that of any man living, avowed in debate his 
 belief, that the charter would prove to be a failure, and that he voted 
 for it only in deference to the representative men from New York 
 who were urging it, and on thfem he put the responsibility. 
 
 A venerable member of the Senate, who has himself been mayor 
 of the city of New York, shares fully my worst apprehensions as to 
 the disastrous evils likely to result to the city should this charter go 
 into effect. 
 
 In the opinion of 'another gentleman who has been mayor of the 
 city, a distinguished member of the political party opposed to my 
 own, the provisions in the charter which lodge the whole power of 
 the city in the hands of the Common Council are fatal to all hopes 
 of good government under it. 
 
 I admit the importance of giving to our great city a good form 
 of local government, and the duty of the Legislature in that behalf. 
 But the people of that city have no right to claim, nor have any 
 portion of its people the right to ask a form of- government not in 
 conformity with the general character of the governments which 
 prevail elsewhere in the State and country. 
 
 I donotadmitthat misgovernmentin the city is proof of the failure 
 of republican government. Kepublican government, under a wise 
 and well considered charter, with a proper distribution of power, has 
 not yet been tried in the great metropolis. When the Legislature 
 gives to New York municipal government in conformity with the 
 general idea of American institutions, it performs its whole duty. 
 All further responsibility is on the people of New York city them- 
 selves. The people there have recently proved themselves capable 
 of righting their own wrongs. If they culpably neglect their own 
 affairs, if they will not give to their own political affairs the same 
 
Mbssasbs oe Gov. Hoffman. 371 
 
 attention which the rest of the people, in their several localities, are 
 in the habit of giving, they must auffier the consequences. No self- 
 acting machinery can be devised which will suffice to do the work 
 which the people themselves are bound to do. Complicated ma- 
 chinery will serve only to invite combinations 6f designing men; 
 whose operations can be concealed under it. G-ive to the city a chief 
 executive with full power to appoint all heads of administrative de- 
 partments. Let him have power to remove his subordinates, being 
 required to publicly assign his reasons. The people will try the 
 question whether he abuses this power of removal. Make him the 
 head of the police in the same manner as the Grovernor is head of 
 the National Guard, with proper protection for the members of the 
 force against removal while faithful to duty. Make him responsible/ 
 personally, for all waste or improper expenditure by requiring from 
 him through the Department of Finance, an estimate of what money 
 is needed for the support of the government and its various depart- 
 ments, before any appropriation is made. Q-ive to the people full 
 representation in the Common Council, and confine it to legislative 
 duties and exclude it from administrative. Give to it the power to 
 reduce estimates of expenditure but not to increase them j the power 
 to limit expenditure but not to originate appropriations. Give full 
 power to the Coihmon Council and the Mayor to regulate the local 
 taxes, to expend each year, what money they think fifj in cash ex- 
 penditures, but limit rigidly by law their power to incur debts. If 
 the expenditures be wasteful, let the people feel it in their taxes and 
 let them apply the corrective. Make the Mayor removable for mis- 
 conduct by the Governor. All other provisions of the charter could 
 be drawn by aay one. They are mere matters of routine and pre- 
 cedent. Then th'e Mayor can rightfully be held, as this charter says 
 he should be, " responsible for the good order and efficient govern- 
 ment of the city " and would feel himself to be so. Add such pro- 
 visions as shall secure frequent publication of the expenditures and 
 transactions of the city government, ready access of tax-payers to 
 the city accounts and opportunities to the people to change their 
 Chief Magistrate at short intervals, and all the safeguards of good 
 government are furnished. 
 
 With such a charter the people of the city of New York should 
 be told, in plain terms by the Legislature, that they must do their 
 share, as the people do elsewhere,Jin looking after their local affairs, 
 and so contributing their part to the maintenance of republican 
 government. From special legislation on the subject and from ap- 
 
372 Messages of Gov. Hoffman. 
 
 plications from year to year, for amendments to the charter, the 
 Legislature should resolutely turn away. 
 
 I am aware that this charter has been prepared under the auspices 
 of a committee of seventy prominent citizens of New York, who have 
 recently done good public service in another way, some of whom 
 have been conversant with public affairs, but many of whom are 
 of the class that has heretofore neglected giving any time or atten- 
 tion to such matters. I have entire respect for the intentions of this 
 committee, but cannot let its judgment control mine. 
 
 So convinced am I that great and disastrous evils to the city are 
 likely to grow out of the enactment of this charter, that if I knew 
 every man in the city of New York was clamoring for it, I would 
 not give it my approval. 
 
 JOHN T. HOFFMAN. 
 
 Executive Chamber, 1 
 Albany, May 1, 1872. j 
 
 To THE Senate : 
 
 I return, without approval. Senate bill No. 268, entitled " An 
 Act in relation to elections in the city and county of New York, and 
 to provide for ascertaining, by proper proofs, the citizens who shall 
 be entitled to the right of suffrage thereat." 
 
 The bill proceeds upon the assumption that Assembly bill No. 
 118, entitled " An Act to reorganize the local government of the city 
 of New York," would become a law ; and confers all the powers re- 
 lating to the machinery of elections in the city of New York upon 
 the Board of Safety, which was, under that bill, to be organized. 
 
 That bill having failed to become a law, the Legislature will, of 
 course, have no desire that this one shall go upon the statute book, 
 as it will serve no purpose. 
 
 The election law of 1870, applying especially to the city of New 
 York, is still in force. It is very stringent in its provisions. It 
 was passed with general assent, having received a nearly unanimous 
 vote of the Legislature ; and it is universally admitted that the two 
 elections held under it in 1870 and 1871 were eminently fair. 
 
 JOHN T. HOFFMAN. 
 
Messages of Gov. HoPFMAur, S73 
 
 Executive Chamber, ") 
 Albany, May 1, 1872. ) 
 
 To THE Assembly : ' 
 
 I return, not approved. Assembly bill, not printed, entitled " An 
 Act to legalize the acts and proceedings of William Seymour, a jus- 
 tice of the peace of the town of G-reig, county of Lewis." 
 
 My objections will be found in the following extract from the 
 opinion of the Attorney-General, to whpm I referred the bill for ex- 
 amination : 
 
 " I understand that the term of office of this justice expired 
 on December 31, 1871, and that for three months thereafter he con- 
 tinued to exercise the powers of his former office, and that the acts 
 so done by him are those sought to be confirmed by this bill. In 
 my opinion this cannot be done. Justices of the peace are consti- 
 tutional officers. See article 7 section 17 of the Constitution of 
 1846, and section 18 of the amendment of 1869. They must be 
 elected by the people, and the Legislature cannot appoint them. 
 The confirmation proposed by this bill is, in fact, an appointment of 
 a justice of the peace, and beyond the power of the Legislature. 
 
 " Possibly some of the acts .of Mr. Seymour (such as acknowledg- 
 ments of deeds) are of such a character that the Legislature might 
 have authorized him to perform them as an individual and not as a 
 justice of the peace, and as to such acts it may be that a power of 
 confirmation exists. But as to his judicial acts he could only per- 
 form them in his character of justice of the peace, and as above 
 stated. I am of opinion that no power exists to ratify such acts. 
 
 " The bill proposes to ratify all acts, and in my opinion is uncon- 
 stitutional." 
 
 In this conclusion of the Attorney-G-eneral I concur. 
 
 JOHN T. HOFEMAN. 
 
 Executive Chamber, 
 Albany, May 1, 1872. 
 
 To the Assembly : 
 
 I return, without my signature. Assembly bill 419, entitled " An 
 Act regulating the sale of leaf tobacco in the city of New York." 
 
374 Messages op Gov. Hoffman, 
 
 The bill applies only to the city of New York, and provides that 
 no sales hereafter be made of leaf tobacco in that city, if contained 
 in bales, cases or hogsheads, unless there shall be marked on such 
 bale, case or hogshead, in plain figures, the actual gross weight in 
 pounds at the time of sale, also the true weight in pounds of all the 
 materials other than tobacco contained in and around the same. 
 
 It futher provides that the seller shall in all cases weigh the 
 tobacco in the presence of the purchaser, if demanded, and thai 
 any violation of the provisions of the act shall be deemed a mis- 
 demeanor punishable by a fine. 
 
 I believe if this bill, which proposes to change a long and well 
 established custom of the trade, is permitted to become a law, it 
 will result in great damage to a very large and legitimate business 
 in the city of New York, and drive much of it away to places 
 which are free from these restrictions and penalties. Aside, how- 
 ever, from this, my objections to the bill are : 
 
 1st. That it seeks to enforce upon a lawful business in the city 
 of New York, restrictions which do not exist, so far as I can learn, 
 in any other part of the country, certainly not in any other part 
 of the State, and it is therefore indefensible special legislation. 
 
 2d. That it proposes improperly to interfere with the manner 
 of the purchase and sale of leaf tobacco, and to make the same a 
 matter of statutory regulation. The custom of trade, and the volun- 
 tary agreements of buyers and sellers, can and will regulate the 
 sale of this and of all other lawful merchandize, better than the 
 Legislature can do it. 
 
 JOHN T. HOFFMAN. 
 
 To the Assembly : 
 
 Executive Chambee, ) 
 Albany, May 3, 1872. j 
 
 I return, without approval, Assembly bill No. 490, entitled " An 
 Act to establish a special road district in Franklin county, and to 
 appropriate certain non-resident taxes for the construction and re- 
 pairing of roads in the same." 
 
 The bill constitutes of the lands in townships Fifteen and Eighteen, 
 in Macombe's purchase in Franklin county, which may belong to 
 
Messages or Gov. Hoffman. 3T5 
 
 ■ BOtt-residents, and the White Face Mountain tract, a road district, 
 under charge of speoifd commissioners appointed by it. All high- 
 way taxes assessed upon the lands so set apart are to be paid to the 
 Commissioners " for the purpose of constructing and repairing roads 
 in said district. All highway taxes on lands paid to the county 
 treasurers are to be paid by them to the Comptroller. A sum equal 
 to all the arrears of taxes on said lands together with any sum that 
 may be paid to the Comptroller isi to be paid annually out of the 
 State treasury to, the commissioners, and also a sum^equal to the 
 assessed highway taxes of 1871. 
 
 The commissioners are directed to expeudthe moneys so lecieved 
 upon a road beginning in the north part of the town of Franklin, 
 and running south to a point in township No. 19. 
 
 My objections are : 1st. That no part of the road on which the 
 money is to be expended runs through the townships or tract named 
 in the bill. The White Face Mountain tract is separated from the 
 two townships named in the bill by a distance of at least seven miles 
 and is distant still farther than that from any point in the proposed 
 road. The territory from which the district is made up is discon- 
 nected and is all of it outside of the townships through which the 
 projected road is to run. 2d. Townships Fifteen and the White Face 
 Mountain tract are already subjeot to the profiisions of a previous 
 act of the same nature as this, for another road ; and even if this bill 
 be.regarded as repealing that act, the taxes of last year ought not 
 to be included in the appropriations made by this bill. 
 
 JOHN T. HOFFMAN. 
 
 Executive Ghambee, | 
 Albany, May 3, 1872. j 
 
 To TfiE Assembly : 
 
 I return, not approved, Assembly bill No. 320, entitled " An Act 
 to amend an act entitled ' An act to incorporate the Industrial Ex- 
 hibition CompaDy^ and to authorize said company to purchase real 
 estate in the city of New York, and to erect a building or buildings 
 which shall be used as an Industrial Exhibition,' passed April 21, 
 1870." 
 
376 Messages of Gov. Hoffman. 
 
 The bill proposes (by section 11) to exempt from taxation, either 
 municipal or State, the property and securities of the company from 
 the time of the commencement of the building till the same is opened 
 to the public, not exceeding five years. 
 
 I refused my approval to a similar amendment to the charter of 
 this company, passed by the Legislature at its last session. It is a 
 company organized for private gain. It is authorized to do, within 
 its proposed building, all legal and proper business. The enter- 
 prise may be one of great public interest, and perhaps of benefit to 
 the public ; yet the direct profits go to the stockholders. 
 
 Moreover, it would be possible for the company, under the pro- 
 visions of this bill, to hold a large quantity of real estate in the city 
 of New York, and merely by beginning the erection of a building 
 which they might never complete, to make a very good profit out of 
 the five years' exemption from taxes, which exemption, by the bill, 
 applies not only to the land, but also to the securities of the com- 
 pany. 
 
 The bill proposes also another amendment (section 12) giving to 
 the company permission to build over public streets and avenues, 
 provided the travel on the same be not obstructed. This, if granted 
 at all, should be subject to the supervision and dependent on the 
 consent of the municipal authorities, who represent the people at 
 large, interested in such streets and avenues. 
 
 JOHN T. HOFFMAN. 
 
 ExECDTiVE Chamber, ) 
 Albany, May 3, 1872. ) 
 To THE Assembly : 
 
 I return, without approval. Assembly bill No. 446, entitled " An 
 Act to enable Timothy Baldwin, Junior, to take and hold real estate, 
 and to release to him the interest and title in lands escheated to the 
 State." 
 
 The relief which this bill proposes to afford, has already been 
 given by chapters 141 and 358 of the Laws of this session. 
 
 JOHN T. HOFFMAN. 
 
Messages of Gov. Hoffman. 377 
 
 ExEOUTiVE Chamber, \ 
 Albany, Mai/ 3, 1872. | * 
 
 To THE Assembly : 
 
 I return, without approval, Assembly bill No. 509, entitled *' An 
 Act to empower the levying of a tax on Union School District No. 
 1, in the town of Clarence, county of Erie, for the purpose of creat- 
 ing a permanent fund for the employment of teachers, and to regulate 
 the investment and management of said fund ; also, to create the 
 office of loan commissioner for said district and to provide for the 
 exemption of said district from taxes for the payment of teachers' 
 
 The bill makes provision for a permanent school fund of thirty 
 thousand dollars, for the district, one-half of which is to be contri- 
 buted by gift, and the other to be raised by tax. The income 
 thereof is to be applied, exclusively, to teachers' wages. 
 
 The second section provides that no tax shall hereafter be levied 
 on the district for teachers' wages, so that nothing else than the in- 
 come of the permanent fund will be available for paying these. This 
 income will not exceed twenty-one hundred dollars. For the last 
 school year, the teachers' wages in this district amounted to three 
 thousand one hundred and seventy-two dollars. The year previous 
 to that they amounted to twenty-three hundred and fifty. 
 
 There is no restriction in the general school law upon the amount 
 that may be raised by tax by a school district for teachers' wages. 
 It is unwise and improper to make a limitation of the kind for this 
 one district. 
 
 The seventh and eighth sections of the bill provide that it shall 
 be submitted to the electors of the district whether the bill shall 
 go into effect as a law. This provision is unconstitutional, declared 
 so in 1849 by the Court of Appeals ; section 8, N. Y. Keports, page 
 483. 
 
 The Superintendent of Public Instruction thinks the bill ought 
 not to become a law, and I concur in his views. 
 
 JOHN T. HOFFMAN. 
 
 48 
 
a 
 
 378 Messages op Gov. Hoefman. 
 
 Executive Chamber 
 Albany, May 6, 1872, 
 
 To THE Senate : 
 
 I return, wittout approval, Senate bill No. 213, entitled " An Act 
 supplemental to, and amendatory of, chapter 842 of the Laws of 
 1868, an act entitled ' An act to provide for the transmission of 
 letters, packages, and merchandise in the cities of New York and 
 Brooklyn, and across the North and East rivers, by means of pneu- 
 matic tubes to be constructed beneath the surface of the streets, 
 squares, avenues, and public places in said cities, and under the 
 waters of said rivers, passed June 1, 1868 ; and of chapter 512 of 
 the Laws of 1869, entitled ' An Act supplementary to chapter 842 
 of the Laws of 1868, in relation to carrying letters, packages, and 
 merchandise, by means of pneumatic tubes, in New York and Brook- 
 lyn, and to provide for the transportation of passengers in said 
 tubes.' " 
 
 It is with great regret that I interpose objections to any scheme 
 which has for its apparent purpose the solution of the important and 
 pressing question of rapid transit in the city of New York. 
 
 The history of this project is this : Originally certain persons 
 were authorized by the Legislature to provide for the transmission 
 of letters, packages, and merchandise in and between New York 
 and Brooklyn through pneumatic tubes. They organized under 
 the general mining and manufacturing law. To the corporation so 
 formed, the privilege was afterwards given to convey passengers 
 through these pneumatic tubes. On this company it is proposed, by 
 this bill, to confer power to construct a tunnel under Broadway and 
 other streets for the purpose of an underground railway, to be operated 
 by steam locomotives, on which railway are to be conveyed passen- 
 gers and freight. 
 
 By the present bill, the company is apparently restricted to the 
 middle of the street, not appaoaching the curb nearer than two feet ; 
 but by the act of 1868 (chapter 1821), they are empowered to con- 
 struct tubes under the sidewalks and through private vaults. The 
 powers now granted are, of course, in addition to those before con- 
 ferred, and, therefore, the whole width of Broadway is practically 
 surrendered to this company, for its purposes. 
 
 A bill, somewhat similar to this one, was submitted by the Legis- 
 lature for my approval at its last session, and was returned by me 
 
Messa&bs of Gov. Hoffman. 379 
 
 without my approval to the Senate, with a message dated March 31, 
 1871, in which my objections were made known at length. Many 
 of the objections then urged by me are not done away with by the 
 provisions of the act now proposed, and I respectfully refer to that 
 message in connection with this bill. 
 
 I deem it proper to call the attention of the Legislature again es- 
 pecially to the fact that the chief engineer of the department of 
 public works, a man of large experience and established repute for 
 skill in his profession, decides that this project is impracticable, and 
 that the undertaking of it will be detrimental to the interests of the 
 city. As he represents the public, his opinion ought to be accepted 
 in preference to that of engineers acting in behalf of the company 
 interested. 
 
 I quote from his report to me. The proposed construction " will 
 cross the lines of the larger sewers now built in the city. Nearly 
 all that part of the city between Fourteenth street and the Bowery, 
 Chatham street and Broadway now drains into the North river, and 
 a large portion of it through the sewer in Canal street. It will 
 almost, of necessity, compel a new sewer or sewers to be constructed 
 to carry this drainage into the East river, and as the surface of the 
 ground at Canal street and Broadway is but twelve feet above tide 
 level, but little descent can be given to the sewer, and consequently 
 it must be of great size to effectually drain this descent. All of the 
 sewers on Broadway will have to be removed, and the drainage pro- 
 vided for through side streets. The small sewers in the cross streets 
 that would be out in two will have to be rebuilt in every case, and 
 the plane of inclination changed so as to descend in an opposite 
 direction from that which they do now. In many cases, this would 
 involve the rebuilding the sewers for several blocks east and west of 
 Broadway, and sometimes in the adjoining streets running parallel 
 with Broadway. 
 
 " I give," he continues, " as my opinion as an engineer, that the 
 plan is impracticable as well as detrimental to the interests of the 
 city, and without a fair prospect of overcoming the problem of quick 
 transit from one end of the island to the other." 
 
 The present bill undertakes to give to this company an important 
 part of the route, which is, by previous acts of the Legislature, 
 assigned to another company for the same purpose of an underground 
 railroad ; a company possessed of means and capital to which large 
 subscriptions of stock have been already made, and the promoters of 
 which assure me that their work will be prosecuted without further 
 delay. 
 
380 Messages of Gov. Hoffman. 
 
 Whether the present bill will be looked upon as operating so far 
 to repeal the franchise heretofore granted to another company, or 
 to give the two concurrent powers over one and the same route, it is 
 obvious that, if not unconstitutional, it must lead to protracted liti- 
 gation, and so, by suspending for a long time both works, will retard 
 and embarrass rather than promote the solution of the question of 
 rapid transit in New York city. 
 
 It seems to be the special purpose of all bills which have been 
 passed in reference to this route, to get possession of the valuable 
 portion of Broadway lying between the Bowling Green and Four- 
 teenth street, where the facilities for transit are already many, mak- 
 ing the great question of rapid transit through the whole length 
 of the city secondary. 
 
 The company are required, by this bill, to finish the portion of 
 their work up to Fourteenth street in two years, but are allowed five 
 years thereafter, in other words, seven years, in all, to complete 
 their proposed connections with the Harlem and Hudson river rail- 
 roads. Nor is there any penalty or forfeiture as a guaranty against 
 their stopping their work after the road shall have reached Four- 
 teenth street ; should they do so, nothing will, in fact, have been 
 contributed towards furnishing the people with what is really wanted. 
 
 Assuming that the project is a practicable one, the bill proposes 
 the granting of a most valuable franchise without adequate good 
 being secured to the public in furnishing means of rapid transit 
 from one end of the city to the other. 
 
 JOHN T. HOFFMAN. 
 
 ExEoiTTivE Chamber, ") 
 Albany, May 6, 1872. j 
 To THE Assembly : 
 
 I return, without my approval, Assembly bill No. 633, entitled 
 " An Act to provide for the repayment of certain moneys paid to 
 the commissioners of Mamaroneck avenue, in Westchester county." 
 
 The bill directs that certain moneys, now deposited in the National 
 Trust Company, in New York city, to the credit of two of the com- 
 missioners who, heretofore, had charge of work on Mamaroneck 
 avenue, being assessments for benefit, shall be paid back to the per- 
 sons from whom it was received. The damages awarded for land 
 
Messages of Gov. Hoffman. 381 
 
 taken have not yet all been paid. The moneys which this bill seeks 
 to control constitute a fund out of which the damages are to be paid. 
 Under the decisions of the courts (see People vs. Supervisors of West- 
 chester county, 4th Barbour, page 70,) the parties have vested rights 
 in the sums awarded to them, of which legislation cannot deprive 
 them. 
 
 JOHN T. HOFFMAN. 
 
 Executive Chamber, 1 
 Albany Mai/ 8, 1872. J 
 To the Assembly : 
 
 I return, without approval, Assembly bill printed number 360, 
 entitled " An Act in relation to the Board of Excise in the city of 
 Brooklyn, and to reorganize the same." 
 
 The bill provides for the appointment of three commissioners of 
 excise, one by the mayor and two by the auditor and comptroller of 
 the city. The commissioners so appointed are to take the place of 
 the present commissioners (who are by the bill legislated out of 
 office), and are to exercise all their powers in accordance with the 
 provisions of existing excise laws, which remain unchanged. Chapter 
 175 of the Laws of 1870, contains directions for the appointment 
 of boards of excise for all cities and villages in the State ; such 
 boards in the cities of New York and Brooklyn to be appointed by 
 the mayor and common council, and to hold office for the term of 
 three years. In these cities, commissioners of excise have been ap- 
 pointed in conformity with existing law, and their terms of office 
 have not expired. 
 
 The law of 1870, under which they were appointed, makes pro- 
 vision for their removal from office for neglect or malfeasance, as in 
 the ease of sheriffs, that is, by the Grovernor. No complaint has yet 
 been made to the Governor of any misconduct on the part of any of 
 the present commissioners, and I assume, therefore, there is no suffi- 
 cient cause for their removal. This bill seems to have no further 
 purpose than that of effecting a temporary change of the persons 
 who are to act as commissioners. It makes no permanent alteration 
 in the mode of appointing the board of excise. It does not provide 
 that the mayor, auditor, and comptroller shall exercise the power of 
 
382 Messages of Gov. Hoffman. 
 
 appointment of commissioners at or after the expiration of the pre- 
 sent term. The appointees would serve one term and then the 
 power of appointment would revert, under the general law to the 
 mayor and common council. 
 
 The bill takes away for a brief period from the mayor and com- 
 mon council powers eminently proper to be vested in them, and 
 which the Legislature, with the deliberation attending the passage 
 of a general law of the State on the subject, thought proper to assign 
 to them. A temporary suspension of the provisions of this law, in 
 thiij respect, appears to me to be objectionable as improper special 
 legislation. 
 
 JOHN T. HOFFMAN. 
 
 Executive Chambee, ) 
 Albany, May 8, 1872. J 
 
 To THE Assembly : 
 
 I return, without approval. Assembly bill No. 601, entitled " An 
 Act to provide for the holding of courts of Oyer and Terminer for 
 the trial of certain causes by justices of the Supreme Court, to be 
 assigned for that purpose." 
 
 The bill seeks to establish a new order of things in the adminis- 
 tration of criminal law, in certain cases. It is an outgrowth, un- 
 doubtedly, of recent developments in the city of New York, and is, 
 no doubt, enacted with special reference to certain indictments now, 
 pending in that city. Nevertheless, the bill applies, in terms, to the 
 whole State, and to every judicial district and county. 
 
 It provides, in substance, that, in case of indictments for frauds 
 committed by municipal officers in any county, all indictments pend- 
 ing in any court shall be transferred to the Oyer and Terminer, but 
 that the Oyer and Terminer for the trial of such indictments shall 
 be a specially constituted court, and shall not be held by the regular 
 judge thereof or by any justice of the Supreme Court residing in the 
 judicial district within which such county is situated ; that it shall 
 be held by some justice residing in some other district, who shall be 
 designated by the Court of Appeals, if it be in session, if not, then by 
 the Chief Justice thereof, on the motion of the Attorney General ; 
 and such motion is to be made without notice to, and without the re- 
 
Messages of Gov. Hoeeman. 383 
 
 quest of the district attorney in whose county the indictment is 
 found. 
 
 , It ignores the constitutional officer, elected for the duty of prosecu- 
 ting indictments, and excludes from the courts, in special cases, all 
 the judges elected by and residing in the district where the offense 
 was committed ; and who, in all past time, have had, as was supposed, 
 constitutional jurisdiction to try all criminal cases arising anywhere 
 in the State. 
 
 Such provisions, even if constitutional, which I do not believe, 
 are, in my judgment, unjustifiable and unwise; and they reflect, 
 without excuse, upon the judges and district attorneys throughout 
 the State. The class of cases in which, if occurring in their own 
 neighborhood, they are by this bill excluded from performing their 
 ordinary and proper duties, should stand on the same footing as 
 other criminal oases. There is nothing in the history of the juris- 
 prudence of the State which warrants this sweeping legislative ex- 
 clusion of judges and district attorneys from their proper duties. 
 
 If it be said that in New York extraordinary frauds have been 
 committed, and that the condition of the courts there is unsatisfac- 
 tory, and that this bill is really intended only for cases of this kind 
 in that city, although its provisions extend over the State, we must 
 bear in mind that the frauds have been already exposed ; that judicial 
 officers there have, thus far, been fearless in this matter, and, more- 
 over, that judges to whom objections, personally, have been made, are 
 powerless now, even if they had the inclination to prevent justice 
 being done. There is no reason why courts held by the judges 
 throughout the State, under long established laws and in the ordi- 
 nary way, should not be relied upon to try all classes of criminal 
 offenses. For the reasons, therefore. 
 
 First, That the bill is of doubtful constitutionality ; 
 
 Second, That it is impolitic and unwise, and is unjust to the ju- 
 dicial officers and district attorneys of the several localities ; 
 
 T must decline to affix my signature. 
 
 In times of excitement, whether it be the result of civil war or 
 great abuses in the administration of government, we should be 
 careful not to establish dangerous precedents. If legislative inter- 
 ference with the ordinary course of administration of justice is sus- 
 tained, and the establishment, from time to time, of special tribunals 
 for special instances of crime or accusation of crime is to be regarded 
 as proper, a precedent may be established that may lead to great 
 abuses. A specially constituted court might be organized in this or 
 some other way for partisan purposes to work out mere partisan 
 
384 Messages of Gov. Hoefman. 
 
 ends, or to accomplish some act of great wrong to private rights. 
 Tribunals, especially organized for particular cases, have never been 
 regarded as consistent with the general spirit of English or Ameri- 
 can jurisprudence. 
 
 Ample provision has already been made in the general statutes of 
 the State in reference to the judiciary, passed since the adoption of 
 the judiciary article of the Constitution, for extraordinary emergen- 
 cies. 
 
 Section 14 of chapter 408 of the Laws of 1870, reads as follows : 
 The Grovernor may, whenever in his judgment the public good 
 shall require it, appoint extraordinary general terms, Circuit 
 Courts and special terms of the Supreme Court and courts of Oyer 
 and Terminer, and he shall designate the time and place the same shall 
 be held, and name the justice who shall hold the extraordinary cir- 
 cuit or special term, or preside in such court of Oyer and Terminer, 
 and he shall give notice of such application in such manner as he 
 may believe the public good requires." 
 
 JOHN T. HOFFMAN. 
 
 Note. — Furnished to the Assemhly in connection with the above 
 message. 
 
 In 1866, the Legislature passed a bill, which, in principle, was 
 precisely like the above bill. That authorized the appointment by 
 the Grovernorof one judge to certain duties, and excluded four other 
 judges from those duties. This bill authorizes the appointment by 
 the Court of Appeals of judges to certain duties, and excludes other 
 judges from such duties. 
 
 Attorney-G-eaeral Martindale gave the following opinion to Grov- 
 ernor Fenton, in 1866, upon the bill to authorize the GrOvernor to ap- 
 point one judge out of the five in the First Judicial District to hold 
 special terms in New York city : 
 
 I am requested to examine the act regulating the practice in the 
 First Judicial District as to holding special terms at Chambers, 
 passed at the last session of the Legislature, and to state my opinion 
 whether the act is repugnant to the Constitution. 
 
 Under the Constitution of 1777, the Supreme Court consisted of a 
 chief justice and four justices, who performed the duties of justices 
 
Mbssasbs of Gov. Hoffman. 385 
 
 of the court at general and special terms and at the Circuit Courts 
 and Courts of Oyer and Terminer throughout the State. 
 
 Under the Coustitution of 1822, the Supreme Court was made to 
 consist of a chief justice and two justices, any of whom might hold , 
 the courts. But further provision was made for Circuit Judges to 
 be appointed for each of the circuits into which the State was to be 
 divided, and who were invested with the powers of a Justice of the 
 Supreme Court at Chambers, and in the trial of issues joined in the 
 Supreme Court and in courts of Oyer and Terminer and jail de- 
 livery. 
 
 Under the Constitution of 1846, the ofEice of Circuit Judge was 
 abrogated and the Supreme Court was retained with general juris- 
 diction, in law and equity. By the fourth section of the sixth 
 article, the State was divided into eight judicial districts and four 
 justices were provided for each district, and power given to increase 
 the number in the district composed of the city of New York. 
 
 It is perfectly obvious that these justices, each and all of them, 
 were intended to participate in and perforin all the judicial duties 
 theretofore performed by the Chancellor, Justices' of the Supreme 
 Court, and the Circuit Judges. In order to secure uniformity and 
 homogenity in the opinions of the Judges and in the judicial system 
 of the State, further provision was made, by which each one of these 
 judges should spend one year of his term in the Court of Appeals, 
 and by which one-half of that court of final resort should be com- 
 posed of judges having practical experience acquired in all the de- 
 partments and branches of the Supreme Court. 
 
 By the fifth section of the same article, the Legislature is invest- 
 ed with power to alter and regulate the jurisdiction and proceedings 
 in law and equity. This afifects only the remedies which the court 
 may afibrd, but gives no power to classify the judges and invest a 
 portion with superior authority, privilege or dignity above the rest ; 
 nor to degrade any portion of them below the rest. 
 
 The only authority vested in the Legislature, in this respect, is 
 contained in the sixth section of the same article. By that article, 
 the Legislature may provide for designating a presiding justice at 
 general term, who, with any three or more other justices may hold 
 such general term. The same section provides that amy one or more 
 of the justices may hold special terms and Circuit Courts, and any 
 one of them may preside in courts of Oyer and Terminer, in any 
 
 I think the act under consideration contravenes this section. It 
 deprives all the justices of the Supreme Coart in the State, ex- 
 49 
 
386 Messages of Gov. Hoffman, 
 
 cept one to be designated by tbe Governor, of authority and juris- 
 diction to hold special terms in the city and county of New York. 
 It separates that district into a distinct and peculiar one, subjected 
 to the judgment of a single justice ; and that, too, without any right 
 of review in the large and important class of cases which are by law 
 submitted to his discretion. This experiment (absolutely without 
 precedent) is attempted in a portion of the State where the largest 
 amount of special term business is transacted, involving the disposal 
 of millions of money annually. This large field of practice and ju- 
 dicial experience is shut against all the justices of the Supreme 
 Court save one, and is proportionally withdrawn from the Court of 
 Appeals. It is not necessary to enlarge on the dangers which will 
 attend the administration of such a law. They will occur to the 
 mind as affording reason for considering, carefully, the constitutional 
 objections to the act. 
 
 If the Legislature may thus deprive a part of the justices of the 
 Supreme Court of authority to transact special term business, they 
 may also deprive them of power to hold circuits and general terms. 
 In short, they may, by legislative act, substantially revive and re- 
 inaugurate the old system of a separate Supreme Court and separate 
 Circuit Courts, which was created by special constitutional pro- 
 vision in 1822, and was supposed to be abrogated by the Constitution 
 of 1846. 
 
 It may be said that the act in question does not disqualify any of 
 the justices to perform special term business, but is a convenient and 
 legal mode of designating which one, among all, shall do a certain 
 class of business in a certain locality. 
 
 Suppose some exciting political question shall arise and be pend- 
 ing in the special term of the Supreme Court in any judicial dis- 
 trict of the State. Could it be considered within the constitutional 
 authority of the Legislature to designate the particular justice who 
 should decide it ? That exercise of power would not be more re- 
 pugnant to the Constitution than the act in question. 
 
 If the Legislature may authorize the Governor to designate some 
 justices who may, and others who may not perform a certain class of 
 judicial duties in one of the counties of the State, the designation 
 may be made directly in the act without the intervention of the 
 Governor at all, and may be extended to any number of counties. 
 Would it be constitutional to enact, for example, that the present 
 distinguished presiding justice of the First Judicial District should 
 not hold, or, in other words, should be disqualified from holding 
 special term anywhere ? The Constitution provides that he and all 
 
Messages of Gov. Hoffman. 887 
 
 other justices may hold them, " iu any county." For further ex- 
 ample, would it be constitutional to enact that some other justice 
 might hold special terms, but should not sit as a justice at general 
 term in the First or any other judicial district ? • 
 
 I am impressed with the conviction that such legislative acts, 
 limiting the judicial authority of the justices of the Supreme Court 
 and making an invidious discrimination between them are repugnant 
 to the Constitution, and that the Grovernor will be justified should he 
 omit to make the designation directed by the law in question. 
 
 John H. Martindale, 
 
 Attorny General. 
 
 The Bar of New York unanimously acquiesced in the correctness 
 of Attorney-General Martindale's decision. 
 
 Executive Chamber, ) 
 Albany, May 9, 1872. j 
 To the Assembly : 
 
 I return, without my approval, Assembly bill No. 428, entitled 
 " An Act to provide for the holding of a charter election in the city 
 and county of New York, on Friday the 31st day of May, in the 
 year 1872." 
 
 The bill provides for the appointment of two commissioners of 
 election, who are to exercise certain powers of appointment and re- 
 moval of inspectors of a local election which, it contemplates, is to 
 be held, in and for the city of New York, on the thirty-first of the 
 present month of May. One of these commissioners is to be ap- 
 pointed by each of the two justices of the Superior Court of New 
 York, who were chosen by the people of the city and county of New 
 York at the last general election. This is, practically, the same thing 
 as conferring the power on any two persons described by name. 
 
 The Constitution expressly provides that all local officers in cities, 
 ^counties, towns or villages, shall be elected by the electors of such 
 cities, counties, towns, villages, or appointed by some local authori- 
 ties thereof. 
 
 Doubts have been expressed by some whose opinions on such 
 questions are entitled to peculiar weight, whether the Superior Court 
 of New York is a local authority of the city in the sense of the Con- 
 stitution. Last year, the power of appointing police commissioners 
 in Eufialo was, by an act of the Legislature, put in the hands of the 
 presiding justice of the Superior Court of that city, which is more 
 
388 Messages op Gov. Hoffman. 
 
 strictly a local court than the Superior Court of New York. That 
 has been repealed at this session. 
 
 Even, however, if the court should be heldtp be a local authority, 
 certainly it is very clear that two out of the six justices of this court, 
 if designated by name, would not constitute any such local authority 
 under the words, or within the meaning of the Constitution. The 
 powers given by this bill are not given to the court, nor to its pre- 
 siding judge as its representative. They are bestowed on selected 
 individual members of it, and are such as do not pertain to the 
 offices they hold. The description — the two who were elected at 
 the last election — is a personal description of two men as distinct 
 and plain as if their names were given. The powers are not be- 
 stowed upon the office, but upon the men. The powers are not to 
 go with the office to their successors. The designation is not of 
 the court, nor of the justices of the court, but of the two persons 
 who were elected as a portion of the court, last autumn. 
 
 It is evident that the powers conferred by this bill are conferred 
 on a person and not upon an office, and the holder thereof} for if 
 either of these justices were to die, the power does not then, by any 
 provision of the bill, devolve upon his successor in office. It is true, 
 that any vacancy occurring after the original appointment may, 
 under the bill, be filed by the successor in office of the justice who 
 made the appointment; but the original appointment of commis- 
 sioners of election can be made only by the two persons elected last 
 autumn. If either or both should die before the power was exe- 
 cuted, no one could execute it. If the power were given to the 
 court, it would survive, though all the members of the court were 
 to die. Under this bill, if these two members of the court were to 
 die, the powers granted by the bill would die with them ; no one 
 would be left to execute them. The power given is personal not 
 official, and is, therefore, it seems to me, not authorized by the Con- 
 stitution. 
 
 JOHN T. HOFFMAN. 
 
 Executive Chamber, ) 
 Albany, May 9, 1872. j 
 To THE Senate : 
 
 I return, without approval. Senate bill No. 489, entitled " An Act 
 dividing the State into congressional districts." 
 
Mbssagies of Gov. Hoffman. 389 
 
 The act of Congress for the apportionment of representatives 
 from the several States provides that they " shall be elected by dis- 
 tricts composed of contiguous territory containing, as nearly as 
 practicable, an equal number of inhabitants." 
 
 The bill seems to be framed in plain disregard of the requirements 
 of the act of Congress. The average population to a district should 
 be, on the ratio of the number of representatives assigned to the 
 whole State, 137,000. There are created by this bill one district 
 containing a population of only 92,700, another with only 99,500, 
 two with each 103,000, one with only 110,000, and one with only 
 111,000. On the other hand, one district will contain a population 
 of 118,000, another 178,000, another 172,000, and another 166,000. 
 These instances suffice to show the great inequalities in the provi- 
 'eion of the bill. 
 
 It is, of course, impossible to avoid material differences in the 
 population of the several districts. In making up the districts of 
 contiguous territory, it is well to avoid dividing counties, except when 
 a county is so large in numbers as to entitle it to more than one re- 
 •presentative, or has so large a fraction of population beyond the 
 number entitling it to one, that it would be gross injustice to disre- 
 gard the practice. But if it be proper to avoid dividing counties, 
 it is manifestly not proper to divide wards in cities, as is done by this 
 bill. 
 
 The unequal distribution prescribed by this bill is unnecessary, 
 and cannot be justified as being the only way to avoid the disinte- 
 gration of counties or other existingmunicipal districts. For great 
 inequalities within a single county — the county of New York — 
 are produced by dividing wards and attaching one part of a ward to 
 one district, and another part thereof to another district. In New 
 York city, under this bill, one congressional district will contain 
 187,700 of population, while another will contain only 92,700 ; that 
 is to say, one district will contain more than twice as great a popu- 
 lation as the other. New York city is justly entitled to one additional 
 representative, if it were divided into seven districts of equal popu- 
 lation ; each one would contain a population of 134,613. There will 
 be fifteen districts under this bill, outside of the city, which will 
 contain, each of them, a less population than the above average of 
 134,600 ; yet New York is allowed but six members of Congress. In 
 dividing the wards of New York city, it must have been difScult, if 
 not impossible, for the Legislature to arrive, with any exactness, at 
 the population of the districts created in such cases. 
 
390 Messages of Gov. Hoffman. 
 
 One instance, outside of New York city, will illustrate how easily it 
 would have been to make the districts more fairly out of contiguous 
 territory, and without dividing counties. By the bill, Westchester, 
 Putnam, and Kookland are to form one district, and they contain 
 a population of 172,000 ; Orange and Sullivan constitute another 
 district with 115,000 population ; Duchess and Columbia constitute 
 another district, and contain 121,000 population. Here is great 
 inequality among the three districts. All the seven counties 
 form one mass of contiguous territory, and may be divided into 
 three districts, each one being formed of contiguous territory, 
 with a very much nearer approach to equality in population. West- 
 chester left as a district by itself would have a population of 
 131,300, and is growing rapidly. Within the next ten years its 
 population will be increased by many thousands, while many other 
 portions of the State will probably remain about as at present. 
 Columbia, Dutchess, and Putman would contain, if put together, 
 a population of 136,500 ; Orange, Sullivan, and Rockland would 
 contain one of 146,000. 
 
 Other glaring and unnecessary instances of inequality could be 
 pointed out, but these are sufficient to establish the fact that proper 
 pains have not been taken to do justice to the people, nor to comply 
 with directions of the act of Congress. 
 
 I cannot believe that the wrong proposed to the city of New 
 York, where, without increased representation to the city at large, 
 wards are divided in making up districts, and where one district is 
 assigned to a population of less than half that of a neighboring 
 district, is the result of the best judgment of the Legislature. 
 
 The injustice of the whole apportionment for the State, as made 
 by this bill, may be briefly shown. The territory embracing New 
 York city, Long Island, and Staten Island, contains a population 
 of 1,515,969, which is 9,398 in excess of the number required for 
 eleven representatives, but only ten are given to it ; the rest of the 
 State contains a population of 2,866,790, which is not enough, by 
 9,391, to entitle it to twenty-one representatives, and to this portion 
 of the State are given twenty-two. 
 
 For the reason that the bill is in plain disregard of the rights 
 of the people, and of the directions of the act of Congress under 
 which the apportionment is made, I cannot give it my approval. 
 
 JOHN T. HOFFMAN. 
 
 Note. — The above Veto and one other, heretofore noted, are the only 
 two overruled daring the four years of Gov. Hofiinan's administration. , 
 
1872. 
 
 MEMORAl^DA OF OBJECTIONS 
 
 To sundry bills filed, after adjournment of the Legislature, with 
 the Secretary of State, not signed. 
 
 State of New York, Executive Chamber, \ 
 Albany, J/ay 16, 1872. j 
 
 AN ACT relating to the local governnient of the city of New York. 
 
 After the veto of what is commonly called the " Seventy Charter" 
 had been sustained by the Legislature, this act relating to the local 
 government of the city of New York, was introduced by Senator 
 Palmer and without any considerable discussion of any of its provi- 
 sions, except the one forbidding appropriations to what are called 
 sectarian, or denominational schools, it passed the Senate, May third, 
 the Assembly May seventh, and reached me only May eleventh, 
 amidst the great pressure of business incident to the closing days of 
 the session. I have taken the earliest day for considering whether 
 it should become a law, and have decided to refuse my signature 
 
 Krst — Without discussing the merits or demerits of the general 
 provisions of the bill, and both are very marked, it is sufficient to 
 say that it orders the municipal election for Mayor, Common Council, 
 School officers, &c., on the 31st day of the present month, and in my 
 judgment it is unwise and extremely dangerous to precipitate upon 
 the people of New York so important an election on such short notice. 
 
 Second — The election, if held, would be conducted by inspectors 
 and canvassers heretofore chosen. Under the operation of the Re- 
 gistry and Election law passed this session (Chapter 675 Laws of 1872) 
 the laws under which they were chosen expire, and the official exist- 
 ence of the officers terminates June 1st, 1872. If for any reason the 
 canvass of any part of the vote should not be completed on the night 
 of the election. May 31st, it is, to say the least, very doubtful if it 
 could be completed at all, for the reason that the canvassers would 
 
392 Messages of Gov. Hoffman. 
 
 be after that day, by operation of law, out of office. Serious litiga- 
 tion would be likely to ensue between those who are now in office, 
 and those who would claim under the new election law. 
 
 Third — Assuming, as I think must be the case, that no person 
 who is not registered could vote at the proposed election, and that 
 he must be registered in the election district in which he resides, a 
 very large number of the citizens of New York would under the 
 operations of said chapter 675 of Laws of 1872, be disfranchised at 
 that election. No citizen who since the last registry has moved 
 into another election district than that in which he then lived (and 
 many thousands did so move on the first of May last) could vote ; for 
 section 37 of said chapter (which section takes effect immediately) 
 provides that, " No person registered in one election district, can be 
 registered in another in any other manner than is provided in said 
 chapter." No registry can therefore be had under any other law, 
 and none can be had under the law of 1872 for the reasons that the 
 sections which provide for a registry, do not take effect till June 
 1st, 1872, the day after the proposed election. There is no pro- 
 vision for a new registration for the election proposed to be 
 held May 31st, and no time to make it, if there was. No voter, 
 therefore, who has moved into a new election district since the last 
 fall election can by any possibility vote this spring. An election 
 which directly affects for good or evil the welfare of a million of 
 people, and which affects indirectly the whole State, to be held on a 
 fortnight's notice, and at which many thousands of citizens are thus 
 disfranchised, cannot be held with my consent. 
 
 JOHN T. HOFFMAN. 
 
 Senate BUI 360. 
 An Act to incorporate the Washington Park Association. 
 Can be incorporated under General laws. 
 
 Assembly BUI 170. 
 ;e the Dairymen's M 
 
 Can be incorporated under General laws. 
 
 An Act to incorporate the Dairymen's Manufacturing Association 
 of Perth. 
 
Messages oe Gov. Hoffman. ' 393 
 
 AssemUy BUI No. 909. 
 
 An Act to incorporate the Quincy Rural Cemetery Association in 
 the town of Ripley and county of Chautauqua. 
 Can be incorporated under general law. 
 
 Assemhl:!/ ^^^ 877. 
 An Act to incorporate the New Baltimore Chestnut Ltiwn Ceme- 
 tery Association. 
 
 Can be incorporated under general law. 
 
 Assembly BUI 869. 
 
 An Act authorizing the trustees of the Quincy Rural Cemetery 
 Association, in the town of Ripley, county of Chautauqua, to pur- 
 chase additional lands to enlarge their burying grounds on lot num- 
 ber 14 of Holland Land Company's Survey. 
 
 Supervisors have power. Chap. 280, Laws of 1852. 
 
 Assembly Bill 694. 
 
 An Act to amend chap. 368, of the Laws of 1865, entitled " An 
 Act for the incorporation of societies or clubs for certain social and 
 recreative purposes as amended by an act," passed May 1st, 1865. 
 
 Authorizes societies to be incorporated for detective purposes ; is 
 against public policy and good morals. 
 
 Assembly BUI 962. 
 
 An Act to amend an act entitled " an act to authorize the forma- 
 tion of corporations for manufacturing, mining, mechanical, or chemi- 
 cal purposes," passed February 17, 1848. 
 
 Extends act to formation of corporations for mercantile and com- 
 mercial purposes. 
 
 Similar bill vetoed in 1871. 
 
 Assembly BUI 763. 
 
 An Act to incorporate the Buffalo and New York Oil Tankage 
 and Transportation Company. 
 
 Authorizes erection of buildings in New York city, Buffalo, and 
 elsewhere, for storage of crude and refined petroleum without being 
 subject to local regulations ; also authorizes the company to take 
 lands against will of owners, in like manner as for railroads. 
 50 
 
894 Messages oi' Gov. HopfMAsr. 
 
 Assembh/ BiU 454. 
 
 An Act in relation to dower and to actions and proceedings for 
 recovery of dower. 
 
 Of doubtful policy and difficult of construction. At death of 
 party entitled to dower, a life interest can not have an ascertainahle 
 value. 
 
 Senate BiU 426. 
 
 An Act to amend an act entitled " an act to provide for the 
 incorporation of villages," passed December 7, 1847, so far as the 
 same relates to the village of Akron, in the county of Erie. 
 
 Is not an amendment of the general law ; is simply a legislative 
 extension of boundaries of one village (Akron) ; supervisors have 
 power. 
 
 Assemhh/ BiU 136. 
 An Act to prevent frauds in the sale of patent rights. 
 Special legislation and improper. Alters the law as to one class 
 of promissory notes. 
 
 Senate BiU 243. 
 
 An Act to provide for the construction and improvement of the 
 road from Piseco lake to Claflin's tannery in the county of Hamilton. 
 
 Comptroller disapproves of phraseology as to the taxes which are 
 to he included. 
 
 AssemMy BiU 533. 
 
 An Act to provide building sites for life saving stations on the 
 coast of Long Island, State of New York. 
 
 Defective. Not signed by President of Senate. 
 
 Assembly BiU, not •ptint^d. 
 An Act to amend charter of the city of Rome. 
 Increases salary from $800 to $1200, for which no good reason is 
 shown and gives fees, which latter provision is unconstitutional. 
 
 AssenMy BUI 831. 
 An Act for the relief of Greorge Howard. 
 Similar bill vetoed in 1871. 
 
I* 
 
 MBSSAdBS OF Gov. HOFFMAN. 395 
 
 Assemb^ BUI 561. 
 
 An Apt to authorize the Lockport Home for the Friendless to 
 contract with the county of Niagara for the care and support of pdt)r 
 children of said county, and as to the trustees of said society. 
 
 Supply Bill for 1872, provides for this and all like cases. 
 
 Assemblif BiU 212. 
 
 An Act to appoint commissioners to make a survey of Richmond 
 county and certain maps therefrom, and to mature and report a plan 
 for laying out Staten Island, and for securing a water supply for the 
 inhabitants thereof. 
 
 Unconstitutional. Makes the l?iw go into effect only if people of 
 district vote for it. 
 
 Senate Bill 402, 
 
 An Act to incorporate the Safe Deposit and Trust Company of 
 Buffalo. 
 See ohjections of Bank Superintendent. 
 
 Senate Bill 238. 
 
 An Act to incorporate the Manhattan Loan and Trust Company 
 of the city of Now York. 
 See objections of Bank Superintendent. 
 
 Senate Bill 207. 
 
 An Act to amend an act entitled " an act to incorporate the Safe 
 Deposit Company of the city of Rochester," passed May 30th, 1868. 
 See objections of Bank Sitpieriiiteiidefi.t. 
 
 Assembly Bill 550. 
 
 An Act to authorize the construction of a farm bridge over the 
 Champlain canal for the benefit of Hiram Cramer, in the town of 
 Saratoga, county of Saratoga. 
 
 Party has a bridge now ; if the purpose be to rebuild this, no law 
 is necessary. 
 
 Assembly BUI 647. 
 
 An Aet ito autihiorize the constonetLoa of a bridge over the Galen's 
 Falls feeder in the village of GHen's Palls, New York. 
 
 State JFiin^eer reports no oibligation, legal or equitable, on part 
 of State to build the bridge. 
 
396 Messages of Gov. Hoffman. 
 
 Assemhly Bill 583. 
 
 An Act to amend an act, entitled " an act to abolish the oflSce of 
 County Superintendent of the Poor in the county of Albany," passed 
 April 4th, 1858. 
 
 Gives to an officer appointed by the city, authority over county j 
 unconstitutional. 
 
 Senate BUI 425. 
 An Act to incorporate the Nyaok Water Works. 
 Private company for private profit authorized to take lands as for 
 railroad or other public purposes. 
 
 Assemhly BUI 903. 
 An Act amending charter of the city of Binghamton. 
 Defective. See letter of Superintendent of Public Instruction. 
 
 Senate Bitt 139. 
 
 An Act amending an act concerning proof of wills, executors 
 and administrators, guardians and wards and Surrogate's Courts 
 passed May 16, 1839, and May 11, 1869. 
 
 The amendment made should have required a notice of lis pendens 
 to be filed; without this, would be unjust to innocent purchasers. 
 
 Assemhly BUI 786. 
 
 An Act to amend an act entitled an act regulating the sale of in- 
 toxicating liquors," passed April 11, 1870. 
 
 The second section is a re-enactment of a bill relating to Brooklyn 
 which was vetoed this session, and the veto sustained by the Assembly. 
 
 Senate BUI 168. 
 
 An Act to amend an act entitled " an act to amend and consoli- 
 dation the several acts relating to the preservation of moose, wild 
 deer, birds and fish," passed April 26, 1871. 
 
 Defective ; amends an act of 1871, which has already been amended 
 this year ; no reference made to the latter act. 
 
Messages of Gov. Hoffman. 397 
 
 Assembly BUI 894. 
 
 An Act amending an act to consolidate the several acts relating 
 to the preservation of moose, wild deer, birds and fish, passed Apnl 
 26, 1871. 
 
 Repeals prohibition of general law as to shooting and hunting 
 on Sunday in some counties. 
 
 Senate BUI 41.3, 
 
 An Act in relation to Fordham and Pelham avenues in the towns 
 of West Farms and Westchester, in the county of Westchester. 
 
 The fourth section appoints the engineer of the road, taking the 
 proper responsibility and authority from the commissioners. 
 
 Assembh/ Bill 407. 
 
 An Act to enable the legal voters of any town, county, or city, to 
 determine by ballot, whether the sale of liquors shall be prohibited. 
 
 This bill, although passed by the Assembly on the 16th of April, 
 was not definitely acted upon by the Senate until the 7th of May, 
 and was not transmitted to me until the 11th of May, only two days 
 (excluding Sunday) before the final adjournment. The first elec- 
 tions, provided for in this bill, are to be held on the 28th of May, 
 little more than a fortnight from the time this bill reached me ; too 
 little time for the proper notice to the people for such elections, and 
 for a full understanding or discussion of the provisions of the bill. 
 
 I deem it unnecessary, therefore, to consider other objections which 
 have been suggested. 
 
 Aisembly BUI 391. 
 
 An Act to enable life insurance companies to restore impaired re- 
 serve, and also to transfer their business. 
 See objections of Superintendent of Insurance Department, on file. 
 
 Aasembli/ BUI 783. 
 
 An Act authorizing the sale of school-house in School District 
 Number Pour, town of Huntington, and providing for application 
 of proceeds of sale. 
 
 Bill defective — Subject matter does not correspond with the ob- 
 ject as expressed in the title. 
 
398 Messages oe Gov. Hoffman. 
 
 Asiemhly J5i??848. 
 
 An Act amending act of April 10, 1854, to provide for a deputy 
 clerk for the Court of General Sessions of Kings county. 
 
 Largely increases salary of Deputy Clerk of General Sessions of 
 Kings county. 
 
 Assembly Bill 739. 
 An Act for the relief of the New York Tunnel Company. 
 Bill is defective in phraseology. 
 
 Assemhly Bill 508. 
 
 An Act requiring agents and wardens of State Prisons to keep a 
 detailed account of purchase and sales made by them. 
 
 Recalled for amendment, and amendments not made to conform 
 to Governor's suggestions. 
 
 AssmnUy BUimQ. 
 An Act amending the several acts in relation to State Prisons. 
 Reduces prison force to an unjustifiable extent. 
 
 AssemMy Bill 779. 
 
 An Act amending act to provide for establishment of Free Schools 
 in Newburgh, passed April 6, 1852. 
 
 Bill names an additional Trustee by act of Legislature. 
 
 Smote BUI 438. 
 
 An Act amending an act to prevent the furtive possession and use 
 of slung shot and other dangerous weapons, passed April 20, 1866. 
 Impolitic legislation, and not likely to be effective. 
 
 Assembly Bill 7^3. 
 
 An Act providing for keeping, in duplicate, certain books in the 
 office of the Clerk of the city and county of New York, in which 
 judgments and decrees are required, by law, to be docketed. 
 
 Bill not necessary, and county clerk says that office accommoda- 
 tions are inadequate to carry out its provisions. 
 
Messages of Gov. Hoefman. 399 
 
 Senate Bill 384. 
 
 An Act to organize a Board of School Commissioners in and for 
 the city of Troy. 
 
 The theory of this bill is to make a non-partisan board of school 
 commissioners, but the fourth section of the bill is so drawn as to 
 defeat this purpose. 
 
 Assembli/ Bill 457. 
 
 An Act authorizing the Canal Commissioners to settle for work 
 done under the contract for raising the towing path on section 12, 
 13, 16, 22 and 23 of the extension of the Chenango Canal. 
 
 Bill defectire, subject of bill does not correspond with the object, 
 as fiet forth in the title. 
 
 Senate Bill 952. 
 
 An Act to amend chap. 110, of the Laws of 1871, in relation to 
 the fees of county treasurers. 
 
 Title of bill does not correspond with subject matter. It contains 
 only a special provision relating to a single county, (Ulster). 
 
 Senate BUI 334. 
 
 An Act to consolidate the government of the city and county of 
 New York, and farther to regulate the same. 
 
 Second section of this bill is very loosely drawn, and would lead 
 to serious embarrassments and complications. This is the opinion 
 of an able jurist whom I have consulted. 
 
 Bill is also defective. No certificate of its passage by the As- 
 sembly. 
 
 Senate Bill, not printed. 
 
 An Act to authorize the Buffalo, Corry and Pittsburgh Eailroad 
 Company, to extend its road and change its name. 
 
 Bill does not state what the new corporate name shall be, nor is 
 the general railroad act applied to the extension. 
 
 Senate BUI 282. 
 
 Amending Act for the support and relief of the Poor, and for the 
 government of the PoorDepartment in the county of Erie. 
 
400 Messages of Gov. Hoffman. 
 
 The law as it now stands, makes the Superintendent of the Poor 
 removable by the appointing power ; this bill allows the present board 
 of supervisors to appoint for a fixed term of three years without 
 power of removal ; the law is better as it is. 
 
 Senate BUI 522. 
 
 An Act amending chap. 739, Laws of 1857, to authorize the for- 
 mation of town insurance companies. 
 
 G-eneral act amended as to a particular town Fire Insurance Com- 
 pany, which the title of bill does not express. 
 
 Senate Bill 451. 
 An Act in relation to the publication of notices and citations. 
 A similar Assembly Bill was returned for amendment ; and after 
 amendment by Assembly, the Senate failed to concur therein. 
 
 Senate Bill 396. 
 An Act further to amend the charter of the city of Watertown. 
 Increases pay of city officers, and abolishes some offices necessary 
 to the city government. 
 
 Assemblif BUI 537. 
 
 An Act to amend General Drainage Act of 1869. 
 
 Bill not to apply to Jefiferson county, nor to any incorporated vil- 
 lage, leaving villages without necessary power to conduct drainage 
 proceedings. Also repeals all special drainage acts, except those 
 relating to draining ponds. 
 
 Senate BUI 829. 
 
 An Act to clear and regulate the Court House property of the 
 county of Kings. 
 
 No necessity for this bill. Supervisors have full power and are 
 now exercising it. 
 
 Assemhly BUI 755. 
 
 An Act to amend chapter 412, Laws of 1864, to amend " an act 
 to provide for the registry of liens and incumbrances upon boats 
 navigating the canals and rivers of the State." 
 
 Objections : It is bad policy to change a law so old and well un- 
 derstood, unless the innovation will result in an improvement. 
 
Messages of Gov. Hoffman. 401 
 
 Boatmen, forwarders and others interested in canal boats, have become 
 familiar with the present law, and the proposed change would cause 
 great uncertainty, mistakes and confusion. 
 
 2d. The proposed change would render it much easier to frau(^- 
 lently cover up property, and greatly increase the chances for de- 
 frauding the creditors of the mortgagor and subsequent purchasers 
 and mortgagees in good faith. 
 
 3d. Under the present law, searches as to titles of canal boats in 
 the Canal Department extend back for one year only ; under the pro- 
 posed change, after the lapse of a few years, it would be almost im- 
 possible to ascertain the title to a canal boat. I am informed 
 that mortgages are very seldom satisfied on the records of the Canal 
 Department when they have been paid. The new law does not 
 compel mortgagees to satisfy them on the record, when paid. Under 
 the present law this is not necessary, for if mortgages are not re- 
 newed yearly they are, in effect, cancelled ; but under the proposed 
 change a mortgage remains a lien forever unless a satisfaction piece 
 is filed in the Canal Department. A search, extending back many 
 years, would in many cases show a large number of mortgages against 
 boats and the purchaser could only be certain as to the title after 
 communicating with a large number of mortgagees scattered all over 
 the country, involving much time and expense. After a few years 
 it would be very unsafe to buy, and almost impossible to sell canal 
 boats, if the change were made. 
 
 Assembh/ Bill 354. 
 
 An Act to amend chapter 150, of the Laws of 1837, in relation to 
 U. S. Deposit Fund, so far as relates to the county of Jefferson. 
 
 Comptroller objects. The county of Jefferson has invested about 
 630,000 in war bonds of that county, which are filed with the Comp- 
 troller. , 
 
 Should these be withdrawn, it is probable that the moneys arising 
 therefrom may not be invested by the county loan commissioners 
 for some time ; resulting in loss of interest, besides the danger of 
 not securing so favorable and safe investments as at present. 
 
 It does not appear that the Board of Supervisors of the county 
 have asked for the withdrawal of the county war bonds. 
 
 AssemhlyB'ill 731 
 An Act creating a Board of Commissioners of Emigration, and con- 
 ferring thereon certain powers and duties. 
 51 
 
402 Messages of Got. HoriMAN. 
 
 A convention of Superintendents of the Poor of the State, held at 
 Groshen, protested against the provisions of the 5th section of this 
 Bill, in relation to the support of destitute emigrants. 
 
 Assembly BiU 890. 
 
 An Act to establish and maintain a police force in and for the 
 county of Bichmond. 
 
 Changes manner of appointing Police Boiird. The Police Act of 
 1870, has been in force only two years, and should be further tested, 
 before its repeal. 
 
 Assembly Bill 949. 
 
 An Act to establish police courts, courts of special sessions and 
 District courts in the city of Brooklyn. 
 
 Provides for the appovntment of police justices by a commission, 
 instead of election by the people. 
 
 Assembly Bill, not printed. 
 
 An Act to authorize the several courts of record of criminal juris- 
 diction in the county of Kings, to sentence prisoners convicted before 
 them, to the Penitentiary, in the same manner and for the same time 
 as said prisoners may be sent to the State prison ; and to provide for 
 the transportation of such prisoners to said Penitentiary. 
 
 Special legislation, which it is not the policy of the State to en- 
 courage. 
 
 Senate BiU 77. 
 
 An Act authorizing the appointment of attendants and messengers 
 of the Supreme Court, in the county of Kings. 
 
 The manner of appointment by the Sheriff, is unusual, and there 
 appears to be no good reason for this method of appointment in this 
 special case. Power is already conferred upon judges to make ap- 
 pointment. 
 
 Assembly BiU 675. 
 
 An Act to provide for the completion of certain highways in the 
 towns of Yonkers and East Chester, in the county of Westchester. 
 This bill affects rights vested under prior legislation. 
 
Messages of Gov. Hoffman. 403 
 
 Assembly Bill 839. 
 
 An Act relative to the medical laws of the State of New York. 
 
 I have submitted this bill to mj much respected and esteemed 
 friend Doctor Thomas Hun, of Alhany, in whose judgment, as a man 
 as well as a physician, I have great confidence, and have asked his 
 views with reference to it. They generally accord so completely 
 with my own, and are so tersely expressed that I file them with the 
 bill as my reason for not giving it my approval. 
 
 " Remarks on Assembly Law No. 839, respectfully submitted to the 
 Governor by Thomas Hun, May SOth, 1872. 
 
 The object of this bill is to compel every person offering to prac- 
 tice medicine, to procure a license from some one of the three sets 
 of county medical societies, under penalty of fine and imprisonment. 
 It is hoped by its advocates that in this way, legal practitioners 
 would have a medical education, and that all others would be forced 
 to relinquish practice. 
 
 I believe the bill is not founded on sound principles of legisla- 
 tion, and that, in practice, it would not accomplish the end proposed 
 by its authors. 
 
 Laws restricting the practice of medicine are intended either for 
 the protection of physicians against competition of irregular practi- 
 tioners, or for the protection of the public against imposition and 
 injury. 
 
 Educated physicians ought not to have, nor do they need any 
 protection against competition, except that furnished by their cha- 
 racter for learning and skill. They ought to claim no monopoly 
 established in their interest. 
 
 The public are entitled to protection against imposition, but not 
 against the consequences of their own mistaken judgment. Every 
 man is supposed to be able to take care of himself, and to have a 
 right to choose what kind of medical attendance he will provide for 
 himself and family. The State is only bound to provide that those 
 offering to practice medicine, shall not hold out false pretences, and 
 this demand is fully secured by the law as it now stands. 
 
 Provision is now made for examining and licensing three kinds 
 of Doctors, viz : Doctors who hold to and continue the tradition of 
 the profession. Homoeopathic doctors and Eclectic doctors. These 
 are legal practitioners, but have no legal privileges not possessed by 
 all other persons. 
 
40-i Messages op Gov. Hoffman. 
 
 The mode of lieensiog these three classes of practitioners has been 
 so defined by law, that any person wishing to employ a physician can 
 readily find out whether he has been duly accredited as belonging 
 to one of these classes, and which one. For this purpose, he has only 
 to enquire whether he is a member of one of the county medical 
 societies or not. He who wishes to employ a practitioner belonging 
 to any one of these three classes, or one not belonging toany of these 
 classes, is left at liberty to do so on his own responsibility ; and as 
 he alone or those under his guardianship are to be benefited or in- 
 jured by his action, it seems right that the State should interpose no 
 obstacle to his free choice. 
 
 In contracts the law furnishes protection against deception, but 
 not against errors of judgment. 
 
 The State having guarded the public against imposition by furnish- 
 ing the manner of ascertaining what kind of qualification the prac- 
 titioner possesses, leaving each man to choose for himself, has done 
 all that it is called on to do. It is not the business of the State to 
 compel men to choose wisely. It is a fact that a portion of the 
 public, and that not the most unenlightened portion, believe that a 
 Doctor's capacity to cure diseases does not depend very much on the 
 degree of education in medical science he has had, and much as we 
 may regret this error, as we consider it, we have no right to call on 
 the State to assume the guardianship of those persons and compel 
 them to abandon what we consider a wrong notion, especially when 
 we take into account the class of men who have recourse to clairvoy- 
 ants, and natural bone-setters"- and hydropathists, and others for 
 whom no provision is made in the proposed law. 
 
 So long as the State recognized only one kind of medical practi- 
 tioners, there was some logic, even if there was not good policy in 
 restricting to them the right to practice, but now that it has admitted 
 two other kinds, homoeopathists and eclectics, there seems no reason 
 why all other sects should not have the same recognition. After 
 giving up the idea of orthodoxy in medicine, on what principle is it 
 going to limit the number of sects to three and no more ? By the 
 proposed law it allows the public to choose between Doctors proper, 
 and homoeopathists and eclectics ; but if some one wishes to employ 
 a clairvoyant, or a spiritualist, or a dealer in patent medicines, why 
 should he be hindered in his choice ? 
 
 But besides being founded on a vicious principle the law would, 
 iu practice, fail to carry out the object proposed. 
 
 The only argument in favor of this law that can have any force, is, 
 that it will require all practitioners to present at least some guaranty 
 
Messages of Gov. Hoffman, 405 
 
 of education and moral character. When we take into account that 
 any one of about one hundred and eighty proposed medical societies 
 can confer a license to practice and that the candidate rejected by 
 one can apply to another, till he finds one to accept him, this guar, 
 anty becomes weak indeed. But even this guaranty will not exist, 
 for BO long as people are willing to employ unlicensed practitioners 
 the law will never be enforced. 
 
 In support of this assertion, I appeal to experience, under circum- 
 stances more favorable to success than now exist. The experiment 
 has been tried and failed. 
 
 Previous to 1830, only one class of medical practitioners was re- 
 cognized by law, and a law similar to this was in force. By the 
 Revised Statutes " every person not authorized by law, who for any 
 fee or reward shall practice physic or surgery within this State, shall 
 be incapable of recovery, by suit, any debt arising from such practice, 
 and shall be deemed guilty of a misdemeauor, punishable by fine or 
 imprisonment, or both." 
 
 By a law passed April 7th, 1830, the penalty was abolished in the 
 case of persons " using or applying for the benefit of sick persons 
 any roots barks or herbs, the produce of the United States," but the 
 disability from collecting fees was continued. 
 
 By a law passed May 6th, 1844, the penalties and disabilities were 
 repealed as to all persons offering to practice " except in cases of 
 mal-practice or gross ignorance or immoral conduct in such practice." 
 
 While the law restricting practice was in force, irregular practi- 
 tioners defied the law with impunity, and found patients to employ 
 them all the more because they claimed to be persecuted, not because 
 they sufiered any inconvenience from the law, but rather to attract 
 public notice and sympathy; the " root doctors " besieged the legis- 
 lature every year till, in 1830, the penalty was established so far as 
 related to them. Afterwards they continued to agitate for the removal 
 of the disability to collect fees, and were joined by the homoeopathists 
 and others, till, in 1844, all penalties and disabilities were removed 
 from all offering to practise medicine. 
 
 This repeal leaving the practise of medicine and surgery free to 
 all was well received by the profession who had experienced the 
 evils of the former law, and has since worked well in practice ; any 
 man may now call himself doctor and offer to practise, people under- 
 stand that this furnishes no guaranty of skill or honesty and look 
 into the antecedents of candidates for practice ; and though a large 
 number continue to employ uneducated men, it is because they pre- 
 fer such. 
 
406 Mbssasbs of .Gov. Hoffman. 
 
 So long as people are willing to employ irregular practitioners, so 
 long will candidates for their patronage present themselves. No 
 penal legislation will stop this, nor will this bill, if it becomes a law, 
 remain for many years. Clairvoyants, dealers in patent medicines, 
 bone-setters and others will ask to be relieved from its operation, 
 not so much as a means of relief, for they will never suflFerfrom its 
 penalties, but as a means of advertising themselves as a persecuted 
 class, and in a few years, after doing no good, and some mischief, the 
 law will be repealed. The experiment failed thirty years ago, and 
 will be more sure to fail now, for as the Legislature by this law 
 admits two sets of what were once illegal practitioners, why should 
 it not admit, more ? 
 
 I do not mean to say that it is not desirable that the practice of 
 medicine should be exclusively in the hands of educated, skillful 
 and honest men. I deplore the evils which this bill seeks to remove 
 as much as the authors, but do not agree with them as to the proper 
 remedy. It is an important truth, too little understood that there 
 are many wrongs which cannot be made right by legislation. I 
 deplore the defects of some religious teachings and practices of 
 which I disapprove, but I would not have the State try to put a stop 
 to them. Penal legislation to protect men against their own folly 
 will never succeed in this country. 
 
 I think, therefore, that it will be better for the public and for the 
 medical profession that the law should remain as it is." 
 
 Senate BUI, not Printed. 
 
 An Act to extend the jurisdiction of the Board of Health of the 
 city of Brooklyn, in times of epidemic or pestilence throughout the 
 county of Kings. 
 
 This bill conflicts with section 2 of Article 10 of the State Consti- 
 tution, in conferring upon officers of the city of Brooklyn, jurisdic- 
 tion to perform official acts in the several towns of Kings county. 
 
 Assemhly Bill, not Printed. 
 
 An Act to amend the charter of the city of Brooklyn. 
 
 The bill provides an unusual method of appointing city assessors 
 by two different commissions composed of city officers. Also for the 
 appointment of police justices (instead of election by the people) by 
 a commission of city officers, a mode not contemplated in the State 
 Constitution. 
 
Messages of Gov. Hoffman. 407 
 
 AssemUy 5t7Z 208. 
 
 An Act to amend section three of chapter 533 of Laws of 1867, 
 entitled "An act for the relief of the Van Brunt street and Erie 
 Basin Eail Road Company " (Brooklyn). 
 
 Increases railroad fare on city railroad against what I think was 
 a contract with city, on acceptance of franchise. 
 
 Semte Bill 529. 
 
 An Act to provide for the settlement of claims against the city 
 and county of New York, not embraced within the provisions of 
 chapters nine and 29 of the Laws of 1872, and to facilitate the set- 
 tlement and payment of claims under said chapters. 
 
 See letters of Attorney General and corporation counsel of New 
 York city, adverse to the bill on file in executive chamber. 
 
 Senate Bill 345. 
 
 An Act to repeal chapter 261 of the Laws of 1850, entitled "An 
 act to provide for the better education of the children of the several 
 Orphan Asylums in this State other than in the city of New York," 
 passed April 10th, 1850. 
 
 These asylums have for many years received a share in the dis- 
 tribution of certain school money, which this act proposes to deprive 
 them of, and for which I think sufficient reasons are not shown. 
 
 Senate BiU 437. 
 
 An Act to establish a Board of Health, in and for the city of 
 Brooklyn and county of Kings. 
 
 This Bill provides for the appointment of a Board of Health, to 
 consist of four members. Two members of this board are to be 
 appointed by certain city officers; the president of the Police Board 
 (appointed by another commission), to constitute a third member of 
 the Board, and the mayor of the city (the only elective member), to 
 constitute the fourth member of the Board. 
 
 With an appointing power liable to constant change, the efficiency 
 and stability of a Health Commission thus constituted, may be seri- 
 ously questioned. 
 
 The third and ninth sections of the bill apply certain provisions 
 of the Metropolitan Sanitary Act of 1866, which was repealed as to 
 
408 Messages of Gov. HoPFMAir, 
 
 the city of Brooklyn, by chapter 381, Laws of 1870. The act of 
 1870 also revived the provisions of the city charter, in relation to 
 the Health Board of the city, in existence prior to 1866. 
 
 The reasons adduced for a new Health bill, are not in my opinion 
 sufficient to warrant my approval of this bill. 
 
 Senate Bill 410. 
 
 An Act in relation to expenses in opening streets and for local 
 improvements, in the city of New York. 
 
 This bill does not tend to promote economy in expenditures, or 
 equity in awards and assessments in cases of itteei openings and 
 local improvements. 
 
 It also violates a well established principle, in tratisfei'riiif; nearly 
 the entire necessary costs included in Opening streets, avefitie^, etc., 
 from tbe p>roperty actually benefited, to general taxati'6it. 
 
 For further objections in detail, see letter from dofjidr'ation coun- 
 sel, dated June 3d, 1872, on file. 
 
LIST OF PARDONS, 
 
 COMMUTATIONS AND REPRIEVES GRANTED BY THE 
 GOVERNOR DURING THE YEAR 1869. 
 
 January 8th, 1869 — Burdett Goodale, convicted June 5th, 1868, 
 
 of grand larceny ; Tioga county; term one year. 
 
 Eecommended by judge, district attorney, Hon. Wheeler H. 
 Bristol' and others. 
 
 In the opinion of the judge the evidence did not warrant the 
 verdict. The prisoner is offered immediate employment in the 
 county. 
 
 February 1st — John Be Lany, convicted June 22d, 1868, of larceny j 
 
 Cayuga county ; term one year. 
 
 Recommended by judge, district attorney, Hon. Josiah T. Miller, 
 Homer N. Lockwood, Edward Burt, and other leading citizens of 
 Cayuga county, who state that, previous to the offense, prisoner's 
 conduct had been good, and that the sentence was pronounced under 
 misconception of the facts. De Lany's former employer agrees to 
 take him at once again into his service. 
 
 February 15th — Daniel W. Rowland, convicted June 20, 1866, of 
 
 bigamy ; Oswego county ; term three years. 
 
 Rowland's term would expire in four days more, by reason of his 
 good conduct in prison. 
 
 Pardon recommended by leading citizens of Auburn, by the judge 
 and by the prison authorities, the prisoner having exposed an at- 
 tempted extensive larceny of goods manufactured at the prison. 
 
 February 20th — Jacob Orth, convicted December 7, 1867, of an 
 attempt to commit arson, third degree ; Kings county j term three 
 years. 
 Judge and district attorney recommend pardon, saying that Orth 
 
 was convicted on the testimony of a man who, they have since 
 
 learned, is untrustworthy. 
 52 
 
410 List of Pardons, etc., bt Gov. Hoffman. 
 
 February 26th — Thomas Pleasants, convicted November 17th, 
 1868, of grand larceny; Kings county; term two years. 
 
 The prisoner was convicted of the larceny of a horse and cart. 
 His witnesses were not present, and he had no proper defense. His 
 innocence is now established by undoubted evidence. The judge, 
 district attorney and complainant have no doubt of his innocence. 
 
 March 10th — Henry Strickland, convicted May 17th, 1868, of 
 
 robbery ; New York ; term five years. 
 
 Recommended by Governor Bullock and the Executive Council 
 of Massachusetts, of which State the prisoner is a resident, also by 
 Eev. W. E. Nicholson of St. Paul's church, Boston, Mass., and Rev. 
 W. D. Doty of All Saints church, Brooklyn. Hon. A. Oakey Hall, 
 who was district attorney at the time of conviction, joins in the 
 recommendation for pardon, saying that " circumstances arising since 
 the trial preponderate for the prisoner's innocence, so as morally to 
 establish it." 
 
 March 11th — Richard W. Towle, convicted June 23d, 1868, of 
 forgery ; Steuben county ; term five years. 
 
 Recommended by many reputable citizens of Steuben county, on 
 the ground of previous good character. The pardon is granted, 
 however, on the statement of judge and district attorney that con- 
 siderations of a public character demand it, in order that he may be 
 used as a witness against the principal in this case, who is an old 
 ofiender. 
 
 March 15th — Alonzo Wood worth, convicted October 31st, 1867, 
 of grand larceny ; Cattaraugus county ; term three years and nine 
 months. 
 
 Granted on application of the judge and district attorney, who 
 say that, since the trial, facts have been discovered which clearly 
 establish the prisoner's innocence. 
 
 April 17th — Howard Byron, convicted January 17th, 1868, of at- 
 tempt to commit burglary, 3d degree ; New York; term two years 
 and six months. 
 
 Prisoner sixteen years old, and pardon applied for by his father, 
 who desires to take him away from the country. Granted on con- 
 dition that the prisoner leaves the country within twenty days, and 
 does not return within two years. 
 
List of Pardons, etc., by Gov. Hoffman. 411 
 
 Keoominended by judge and district attorney, also by Hon. A. 
 Oakey Hall, district attorney at time of conviction. 
 
 May 10th — Hiram Cowan, convicted December 23d, 1864, of 
 forgery ; Onondaga county ; term five years and four months. 
 
 The prisoner's term would expire in another month. The physi- 
 cian of the prison states that, in his opinion. Cowan cannot live out 
 that month in prison. 
 
 The judge who imposed the sentence, together with very many 
 leading citizens of Onondaga county, had before this recommended 
 a pardon. 
 
 May 19th — Charles Treadwell or Treadway, convicted June 12th, 
 1868, of grand larceny ; Albany county ; term two years. 
 
 Kecommended by judge, district attorney and a large number of 
 leading cijtizens of Oswego county, where Treadwell resided. The 
 prisoner, a young man of good character, as stated by his neighbors 
 and townsmen, took from a canal boat on which he was employed, a 
 barrel of flour, having been told that he had the right to do so, to 
 secure himself for wages due him. On being arrested, away from 
 home, and friendless, he pleaded guilty of grand larceny, though he 
 could only have been convicted, if at all, of petit larceny. 
 
 May 19th — Henry Kelly, convicted February 23d, 1866, of assault 
 with intent to do bodily harm ; New York j term five years. 
 
 Granted on the special application of Hon. A. Oakey Hall, late 
 district attorney, who states that Kelly pleaded guilty to the charge 
 with the understanding that he should receive a light sentence, as 
 for simple assault and battery. Through a misunderstanding he was 
 sentenced for five years. His co-defendant was afterward tried by 
 a jury, and was convicted of only a simple assault. 
 
 May 19th — Patrick MuUett, convicted December 18th, 1867, of 
 assault to do bodily harm ; Niagara county ; term four years and 
 six months. 
 
 Strongly recommended by Alfred Holmes, late county judge of 
 Niagara county, Hon. Ransom M. Skeels and many other citizens of 
 Lockport who unite in claiming the innocence of the prisoner. 
 Trustworthy affidavits are produced showing facts inconsistent with 
 the prisoner's guilt. Mullett's former employers and others who for 
 many years have known him, speak well of him. Ten members of 
 
412 List of Paedons, etc., by Gov. Hoffman. 
 
 the jury who convicted the prisoner (one having removed from the 
 State and another being dead) ask for his pardon. 
 
 May 19th — John Mitchell convicted February 16th, 1866, of man- 
 slaughter, second degree ; Delaware county ; term, four years. 
 
 Eecommended by Judge Balcom, who presided at the trial, Judge 
 Murray of the Supreme Court, who resides in Delaware county, the 
 district attorney and other county officers, Hon. B. Griffin, and 
 very many members of the bar, and other prominent citizens of the 
 county ; also by Judge Amasa J. Parker. 
 
 It appears from the letter of the district attorney that Mitchell, 
 after avoiding it as long as possible, was forced into a fight which 
 resulted in the death of the aggressor. It is a matter of doubt whe- 
 ther the killing was not done in self-defense. 
 
 May 27th — Asa Fuller, convicted May 7th, 1866, of manslaughter, 
 second degree ; term, seven years. 
 
 Eecommended by Judge Bacon (who presided). Judge Denio, the 
 district attorney, Hon. Ellis H. Roberts, DeWitt C. Grove, Francis 
 Kernan, O.B. Matteson, W. B. Taylor, Joel Willard, J. T. Spriggs, 
 and many other citizens of Utica, where the prisoner resides. 
 
 The chaplain and other officers of the prison also unite in recom- 
 mending pardon, on the ground of the exemplary conduct of the 
 prisoner since his sentence. 
 
 Before the time of the affray the prisoner had lost both his hands, 
 one arm having been amputated at the shoulder, the other at the 
 wrist. Prisoner was present at the affray which resulted in the 
 manslaughter, but it was clear he did not take any active part in it. 
 
 May 27th — Daniel Leahy, convicted September 28, 1867, of rob- 
 bery ; Erie county ; term five years. 
 
 Eecommended by judge, district attorney and many prominent 
 citizens of Buflfalo. 
 
 It appears from the statement of the judge (who makes the appli- 
 cation for pardon) and the district attorney, that the prisoner took, 
 by force, in a drunken frolic, from the complainant, a few trifling 
 articles of the total value of twenty-five cents. He was arrested and 
 the property was found on him. The judge, when imposing the 
 sentence (the shortest allowed by law), told him that if his conduct 
 in prison was good he would try to have him pardoned at the end 
 of one year. He has served almost two years, and his conduct has 
 been good. 
 
List of Pardons, etc., by Gov. Hoffman. 413 
 
 May 27th — Henry W. Brooks, convicted December 17, 1868, of 
 bigamy ; Madison county ; term one year and four months. 
 Granted on the application of Judge Kennedy before whom 
 
 prisoner was tried. The district attorney, all the county officer?, 
 
 and nearly all the members of the bar of Madison county join in the 
 
 application. 
 The wife of Brooks had separated from him eleven years before, 
 
 and he, an ignorant man, committed the ofifence without knowledge 
 
 that it was a criminal act. 
 
 May 28th — Jacob H. Van Loon, convicted November 12, 1863, of 
 robbery ; Greene county ; term ten years and five months. 
 
 Recommended by Judge and district attorney, and by many other 
 reputable citizens. 
 
 The report of the district attorney shows that Van Loon was not 
 the principal offender, bnt was led into the affair " after being 
 drugged with liquor." The sentence was the shortest then allowed 
 by law. The law having since been amended, making five years 
 the shortest term for this crime, Judge Miller, who imposed the sen- 
 tence, says the prisoner should not be kept in prison longer than five 
 years. His conduct in confinement has been exemplary. 
 
 June 1st — William Watson, convicted March 8, 1866, of grand 
 larceny ; Jefferson county ; term four years and two months. 
 
 Watson, while on a drunken frolic, took a horse and wagon which 
 he found hitched in the street, and drove four miles to Lorraine, 
 and left them, making no attempt to dispose of or conceal the pro- 
 perty. A large number of citizens concur with the district attorney 
 in asking pardon on the ground that there was no criminal intent. 
 The prisoner has already served more than three years of his sentence. 
 
 June 1st — Patrick McArdle, convicted March 24, 1868, of assault 
 with a deadly weapon ; Oswego county ; term two years and 
 one month. 
 
 Recommended by judge, district attorney, city and county officers, 
 Senator and members of Assembly of Oswego county, and by Hon- 
 orable Cheney Ames, J. C. Churchill, H. C. Benedict, and many 
 others, who unite in stating that McArdle's conduct had always, 
 previous to this offense, been good, and that this crime was rather 
 the result of carelessness than of any criminal intent. 
 
414 List of Pardons, etc., by Gov. Hoffman. 
 
 June 1st — William Dillon, convicted May 24, 1865, of arson, third 
 degree; Ontario county; term eight years. 
 
 Recommended strongly by a very large number of the leading 
 citizens of Ontario county, including Honorable Myron H. Clark, 
 W. S. Hubbell, J. H. Holmes, William W. Wright, S. H. Parker 
 and others. 
 
 The sufferers by the fire which Dillon is alleged to have caused, 
 have also written letters asking his pardon. 
 
 The prison officials speak in the highest terms of his conduct, and 
 a pardon is urgently recommended by the late chaplain of the prison, 
 and the keeper of the shop in which prisoner works, on the ground 
 of his excellent conduct and the great service he has done by his 
 example, and otherwise in maintaining a high degree of discipline. 
 
 June 1st — Patrick Flynn, convicted February 15th, 1864, of man- 
 slaughter, first degree ; Albany county ; term seven years and 
 three months. 
 
 The prisoner and one Coburn, both boatmen, became engaged in 
 a quarrel about a line, which was claimed by each to belong to his 
 own boat. Coburn came on Flynn's boat, and, when ordered to 
 leave, seized a stave ; Plynn doing the same, they approached one 
 another and both struck, Flynn's blow taking effect first, from which 
 single blow Coburn died. 
 
 The pardon of Flynn is recommended by many citizens, and the 
 following indorsement by the late Governor, Hon. R. E. Fenton, 
 appears on file with the papers : " I think this man can properly be 
 pardoned after five years from the date of his sentence." Flynn 
 has now served more than five years. 
 
 June 7th — Martin Scheiber, convicted March 18, 1868, of false 
 pretenses ; New York ; term, two years. 
 
 Recommended by Charles Van Benthuysen, Thomas Olcott, Hon. 
 Ira Harris and others, who speak as to previous character. 
 
 This appears to have been prisoner's first and only offense ; and 
 as he only obtained some six dollars by his false representations, the 
 punishment inflicted seems more than sufficient. 
 
 June 7th — William Watson, convicted August 5th, 1863, of rob- 
 bery, first degree; New York; term ten years. 
 
 Prisoner was tried before John T. Hoffman, then Recorder. The 
 complainant was not desirous of pressing the charge. Prisoner's 
 
List os Pardons, etc., by Gov. Hoffman. 415 
 
 conduct had always beea good. The offense, however, was techni- 
 cally robbery, and by the then existing law ten years was the mini- 
 mum punishment. This minimum has since been reduced by law 
 to five years, and prisoner is entitled to the benefit of it. • » 
 
 June 7th — Louis Baccio, convicted April 20, 1869, of rape; New 
 York ; term twelve years. 
 
 Evidence submitted to the Governor shows the. conviction to have 
 been improper. Keoorder Hackett, (before whom prisoner was 
 tried) writes : I believe that if he had been provided with counsel 
 of his own before his trial, all the necessary testimony for his de- 
 fense would have been supplied, and that the jury would have found 
 him innocent. I believe that Baccio should be pardoned." 
 
 June 14th — James McGinness, convicted February 9, 1866, of fel- 
 onious assault ; Kings county ; term five years and six months. 
 
 Becommended by Judge Dikeman, who imposed the sentence. 
 Judge Troy, district attorney, and leading citizens, including Abra- 
 ham Beal, representing the Prison Association. 
 
 The prisoner, but eighteen years of age, became engaged in a fight 
 with an older and stronger man, who admitted that he was the ag- 
 gressor. During the fight, McGinness cut the other with a knife in 
 the face. 
 
 His character had always been good, and his punishment, in view 
 of all the circumstances, has been sufficient. 
 
 June 14th. — Patrick Ward, convicted February 3, 1868, of man- 
 slaughter, third degree ; Montgomery county ; term two years 
 and six months. 
 
 Becommended by judge, district attorney, sheriff, and other county 
 officers of Montgomery county, who speak in high terms of Ward's 
 character. He, and one Haddendorf, had a quarrel, and Hadden 
 dorf raised a pitcher to strike him ; Wsttd struck back with a stick 
 which he held in his hand. A magistrate, who was an eye witness of 
 the affair, refused to issue a warrant for Ward's arrest. Hadden- 
 dorf, therefore, went eight or ten miles on foot to another magistrate, 
 who also refused, after hearing his statement, to issue a warrant. It 
 was not supposed at the time that the injury was serious ; but Had- 
 dendorf slept for a few nights following in the woods, and death 
 ensued, though whether from the wound, or from exposure, is uncer- 
 tain. 
 
416 List of Paedons, etc., by Gov. Hoffman. 
 
 The judge and district attorney now agree that the conviction, at 
 most, should have been manslaughter in the fourth degree. 
 
 June 16th — Patrick Sheron, convicted August 13, 1863, of rob- 
 bery ; New York ; term ten years. 
 
 He was convicted before Kecorder Hoffman, and sentenced by him 
 for the shortest term then allowed by law. Five years has since 
 been made the shortest punishment for this grade of crime. It is 
 believed that the prisoner should have the benefit of this change in 
 the law. One Egan, who was convicted with Sheron, and whose 
 case was precisely like his, was pardoned in 1864. 
 
 June 22d — Peter Killey, convicted December 20, 1864, of high- 
 way robbery ; New York ; term ten years and three months. 
 The prisoner was tried before Recorder Hoffman. The evidence 
 against Killey was weak, and the crime, in the opinion of the recor- 
 der, was not satisfactorily proven. The Governor grants the pardon, 
 having full recollection of the case. 
 
 June 28th — Henry J. Fenwick, convicted December 4, 1867, of 
 grand larceny ; Kings county ; term two years and six months. 
 
 Kecommended by judge, district attorney, and by many other 
 reputable citizens. The prisoner, a boy eighteen years of age, whose 
 previous character had been uniformly good, was led by a very much 
 older person into the commission of this offence. An opportunity 
 is now offered for him to enter into an honorable business, and his 
 conduct in prison has been such as to lead to the belief that he is 
 entirely reformed. 
 
 June 28th — George A. Miller, convicted January 17,1867, of 
 robbery ; New York ; term twenty years. 
 
 Eecommended by district attorney, who states his belief in Miller's 
 innocence, by Hon. William Fullerton, who was present at trial and 
 thinks conviction not justified by evidence, and by many others. 
 The prisoner's character was always good previous to this conviction. 
 
 June 28th — William Smith, convicted September 26, 1867, of bur- 
 glary, third degree ; New York ; term three years and six months. 
 
 This was prisoner's first offence. He is now hopelessly ill, and 
 has for fourteen months past been in prison hospital. His sister 
 promises to provide for and attend him while he lives. 
 
List of Pardons, etc., by Gov. Hoffman. 417 
 
 June 28tli — Peter Wilson, convicted December 23, 1 865, of bur- 
 glary, third degree j Kings county ; term five years. 
 
 First offense. Prisoner has been for many months an inmate of 
 the hospital, being hopelessly crippled from a hip wound reoeivfed 
 in the late war. He has served the larger portion of his term, and 
 his friends (responsible parties) promise to see that he is taken care 
 of, and as soon as possible sent back to Denmark, his native country. 
 
 July 3d — Joseph Lyman, convicted May 15, 1865, of burglary, 
 third degree; New York; term five years. 
 
 Granted, on condition that Lyman shall leave the country within 
 a week, and return to his friends in Cuba. 
 
 The prisoner having earned full deduction allowed by law for 
 good conduct, has but little more than a month yet to serve. His 
 character, previous to this offense, is shown to have been good. 
 
 His father has recently died in Cuba, leaving a large estate, and 
 the prisoner's presence is necessary to the settling of the estate. 
 
 July 6th — John Harris, convicted April 28,1868, of larceny 
 from person ; New York ; term five years. 
 
 Strongly recommended by district attorney and many leading 
 citizens. It appears, from an examination of the case and of the 
 affidavit of the complainant that the offense did not properly come 
 within the statute defining " larceny from person." It was at most 
 a petit larceny, and as such has been sufficiently punished. 
 
 JulyVth — Edward Hodgdon, convicted October 29, 1860, of 
 murder, second degree ; New York ; term life. 
 
 This pardon is granted after a personal examination, at the prison, 
 by the Grovernor. 
 
 Eecommended by Judge Gould, who presided at trial, Hon. Nelson 
 J. Waterbury, district attorney at time of trial ; Hon. John H. 
 Anthon, assistant district attorney, G. B. Hubbell, State agent and 
 warden ; Hon. C. M. Depew, and others. 
 
 Judge Gould, in a letter, dated, January 13, 1865, said in regard 
 to this case : " Under the law I had no discretion, and was obliged 
 to sentence him for life. I had serious doubts of his guilt, question- 
 ing as to his intent, even if he gave the wound, and being inclined, 
 to the opinion that, even granting his intent, he was crowded into a 
 corner by a more powerful man. I should have been quite as well 
 pleased with a different verdict. I very seldom recommend a pardon, 
 but in this case I would do so." 
 53 
 
418 List of Paedons, etc., bt Gov, Hoffman. n 
 
 Since Hodgdon has been in prison, the minimam punishment for 
 this grade of crime has, by law, been reduced to ten years. The 
 prifionex has already served out more than this term, giving him the 
 deduction albwed by law, and his conduct in prison has been uni- 
 formly good. The character of the prisoner, prior to his arrest for 
 this crime, is shown to have been good* 
 
 July 21st — Patrick Morrisey, convicted December 12, 1868, of 
 grand larceny ; Brie county ; term, three years and six months. 
 
 Eecommended by judge, district attorney, Hon. A. P. Nichols, 
 and many other citizens of Erie county. 
 
 The prisoner's previous character had been uniformly good. This 
 offense was committed while he was intoaicated, and is not believed 
 to have been done with any criminal intent. Immediate employ- 
 ment is promised for him on his release. 
 
 > 
 
 July 21st — John Howard convicted July 8, 186,9, of robbery, 
 first degree ; New York ; term five years. 
 
 It is believed that the prisoner is innocent of the crime of which 
 he has been convicted. 
 
 His good character and reputation are vouched for by the mayor 
 of Boston, where he has always lived. The following letter from 
 the judge who sentenced him, and the assistant district attorney 
 who prosecuted the case, will explain its nature. 
 
 " We deem it our duty, and an act of justice to the prisoner, John 
 Howard, to represent to you that, in our opinion, said Howard was 
 entirely innocent of the crime of which he was convicted by a jury 
 at the June term last, and who recommend him to the mercy o^the 
 court, showing they also had some doubts as to his guilt. Without 
 entering into a detailed statement herewith, we respectfully refer 
 you to the remarks made by each of us at the time of the sentence 
 of Howard, who was sentenced to the lowest term allowed by law. 
 We respectfully recommend Howard to a pardon, believing him 
 guiltless of any participation in the robbery of the complainant." 
 
 July 21st — Charles Flemings convicted October 3dy 1865, of 
 robbery^ first degree.j Brie county; term fifteen years. 
 
 Eecommended by the judge who presided and the jury which con- 
 victed the priisoner, as also by Bishop Doane, Kev. J. L. Gray, Hon. 
 D. S. Bennett, and many others. Fleming's previous character is 
 shown to have been good, and it is represented that his entire refer 
 mation has been produced by the punishment already inflicted. 
 
List of Pardons, etc., by Gov. Hoffman. 419 
 
 July 21st — Joseph Anderson, convicted April 8, 1867, of bur- 
 glary and felonious assault, Niagara county ; term ten years and 
 three months, and 
 
 July 21st— Patrick Mulligan, convicted April 8, 1867, of bur- 
 g'lary and felonious assault ; Niagara county ; term ten years and 
 three months. 
 
 A careful examination of this case leads to the conclusion that it 
 is a case of mistaken identity, and that th« innooeuce of Anderson 
 and Mulligan is Xilearly established. 
 
 The former good character of both prisoners is shown, and it is 
 proved, on the testimony of many witnesses, whose character and 
 truthfulness are vouched for by leading citizens of Lockport, that, at 
 the time of the commission of the offense, they were in another place. 
 
 Julj 21st — Israel Wood, convicted October 18, 1867, of grand lar- 
 ceny ; Kings county ; term three years. 
 
 Eeeommended by Judge Dikeman, who imposed sentence. Dis- 
 trict Attorney Morris, Judge Troy, Hon. A. Oakey Hall, the com- 
 plainant in the case, and many leading citizens. 
 
 The exemplary conduct of the prisoner, previous to this offense, 
 is testified to by all his former employers, and by many who have 
 known him from childhood ; and the Groveruor, after full inquiry, 
 tihiaks that punishment has been sufficient. 
 
 July 26th — Hiel Davis, convicted May 7, 1866, of manslaughter, 
 second degree ; Herkimer county ; term seven years. 
 
 Becommended by the judge who presided at the trial, and a large 
 number of respectable citizens. 
 
 The prisoners, with others, became engaged in an affray with the 
 keeper of a tavern. Their previous character is shown to have been 
 good. Two others connected with the affray and convicted at the 
 same time, have heretofore been pardoned. 
 
 In view of all the facts shown to the Governor, and of good con- 
 duct in prison, evincing repentance and reformation, it is deemed 
 advisable to r^nit residue of sentence. 
 
 August 11th — Henry Flomerflelt, convicted October 9, 1863, of 
 
 robbery ; Brie county ; term ten years. 
 
 Becommended by judge, district attorney and jurors, from whose 
 statements the offense in this case appears to have been little more 
 than a. larceny, though technically a robbery. When sentence was 
 
420 List of Pardons, etc., by Gov. Hoffman. 
 
 passed, ten years was the shortest term for this crime ; since then 
 the minimum has heen reduced to five years. The prisoner has 
 already served almost six years, and his health is impaired. His 
 previous character was good. 
 
 August 2d — David Welsh, convicted June 3, 1862, of robbery ; 
 Erie county ; term sixteen years, and 
 
 AugustSOth — Michael Grleason, convicted June 3, 1862, of robbery ; 
 
 Erie county ; term fifteen years. 
 
 These pardons are granted on the urgent recommendation of Hon. 
 Noah Davis, who sentenced the prisoners, and who now says that 
 their sentence was too severe. It was their first oflFense, and was 
 committed while they were in a state of intoxication. The late 
 Grovenor, Hon. Reuben E. Fenton, says that it was his intention 
 to have pardoned Welsh, but, that in the pressure of other business 
 he overlooked it. They have already served more than seven years. 
 
 August 24th — Christopher Blake, convicted February 7, 1866, of 
 grand larceny ; New York ; term five years. 
 
 On condition that prisoner leaves the country, to return to his 
 parents in Ireland within thirty days. 
 
 Granted on urgent recommendation of all the prison officers. The 
 prisoner is now in the hospital, suffering from extreme mental and 
 physical debility. He was but eighteen years of age when the crime 
 was committed, and it was his first offence. 
 
 August 24th — Patrick Conners, convicted September 24, 1863, of 
 
 aiding prisoners to escape ; Rensselaer county ; term, ten years, and 
 August 24th — Edward Spain, convicted January 12, 1864, of aiding 
 
 prisoners to escape ; Rensselaer county ; term nine years and six 
 
 months. 
 
 Pardon for these men recommended by judge, district attorney, 
 and many leading citizens, including Hon. John M. Francis, George 
 W. Demers, Hon. Martin I. Townsend, and many others. 
 
 The following indorsement, made by Governor Fenton's clerk 
 appears upon the papers. " The Governor thinks pardon may be 
 granted after one-half the term has expired." 
 
 September 6th — Levi Conger, convicted March 9, 1869, of bur- 
 glary and larceny ; Ontario county ; term, two years. 
 
 The judge and district attorney unite in stating that facts which 
 have come to light since the trial, establish the innocence of Conger, 
 of whose guilt they had some doubt at the time of his conviction. 
 
List of Pardons, etc., by Gov. Hoffman. 421 
 
 The guilty party has since confessed, and stated that Conger had 
 no connection with the crime. 
 
 Sept. 6th — John Cummings, convicted June 30th of rape ; Jeffer- 
 son county ; term fifteen years. 
 
 This case was personally examined by the Grovernor at the prison. 
 Granted, on the urgent recommendation of all the prison officials, 
 for unusual and valuable service to the State. The prisoner has on 
 two occasions been the means of saving the prison buildings from 
 disastrous fires, and at another time saved, at the risk of his own, 
 the life of the principal keeper, who had been attacked by convicts. 
 There is also some doubt in the case as to the facts connected with 
 the crime of which prisoner was convicted. 
 
 Sept. 6th — James G-allagher, convicted Dec. 22d, 1865, of rob- 
 bery ; Onondaga county ; term five years and six months. 
 
 Personally examined by the Governor at the prison. Kecom- 
 mended by Judge Riegel, who imposed the sentence. This seems 
 to have been rather an assault than a robbery. There is no evidence 
 that it was made with intent to steal. The prisoner's previous cha- 
 racter was good. He has now served almost four years. 
 
 Sept. 6th — David Duane, convicted Oct. 21st, 1863, of robbery; 
 Erie county ; term ten years. 
 
 Personally examined by the Governor at the prison. Granted on 
 recommendation of Judge Grover, who passed the sentence. The 
 amount taken was thirteen dollars, and there were mitigating cir- 
 cumstances. The shortest term which the law at that time allowed, 
 was imposed. The minimum punishment for this crime has since 
 been reduced to five years. Duane has been in prison six years.' 
 
 September 20th — Henry Seller, convicted October 3d, 1866, of 
 grand larceny ; New York ; term four years. 
 
 Recommended by district attorney, complainant, and many leading 
 citizens. Upon the facts proved, it is doubtful if the offense was, 
 in law, larceny. The prisoner's previous conduct had been good. 
 His health is now poof, and arrangements have been made to put 
 him in business in another State. 
 
 September 28 — James Cahill, convicted December 18th, 1866, of 
 felonious assault ; Niagara county ; term four years and six months. 
 
 Recommended by mayor, city attorney, city treasurer, chief of 
 police, and other city and county officers of Lockport and Niagara 
 
422 List op Pardons, etc., by Gov. Hoffmak. 
 
 county. The assault consisted in throwing a stone at a passing pro- 
 cession. The complainant, who was injured by the missile, now 
 says that he is satisfied that it was not thrown by the prisoner, and 
 asks for his pardon. Cahill had always borne a good character. 
 
 September 30th — Jacob Miller, con-ricted January 31st, 1861, of 
 arson, second degree ; New York ; term twelve yeais and six 
 months. 
 
 Recommended by judge, th« fire marshal of New York, Rev. Dr. 
 Wines, and Dr. John H. Griscom, of the Prison Association, Rev. 
 Dr. Muhlenberg, Rev. Dr. Gallaudet,. 8. F. B. Morse, and many 
 other leaxling citizens. The conduct of Miller in prison has been at 
 all times most exemplary, and he has shown evidence of a thorough 
 reformation. The judge states that the sentence was unnecessarily 
 severe, and thinks that he should now be pardoned, having served 
 nearly his full term. 
 
 October 13 — James Meatt, convicted November 28th, 1868, of 
 arson, second degree ; Brie county ; term ten years. 
 Recommended by upward of fifty members of the bar of Buffaltj, 
 including H. "W. Box, John Ganson, G. A. Scroggs, A. P. Ni-chois, 
 and many other prominent lawyers who say that the verdict is uni- 
 versally believed to be unwarranted by the evidence, and that Meatt 
 is not guilty of the crime. 
 
 A careful personal examination of the whole case by the Governor 
 satisfies him that the evidence of the principal witness is not entitled 
 to credit. 
 
 November 6th — Cooper Ostrander, convicted Jaiiuary 18, 1869, of 
 grand larceny ; Rensselaer county ; term one year and three 
 months. 
 On application of judge and district attorney. New evidence has 
 
 been discovered which shows the innocence of the prisoner j and the 
 
 judge being powerless after the sentence to grant relief on motion for 
 
 a new trial, asks the Governor to issue a pardon. 
 
 November 25th — Oscar Koch, convicted February 25th, 1867, of 
 felonious assault ; New York ; term five years. 
 
 From an examination of this ease, the guilt of the prisoner seems 
 doubtful. If guilty, he has already suffered a sufficient imprison- 
 ment for the crime actually committed, the sentence having been 
 unduly severe, for it was only an assault, not an attempt to rob. 
 
List of Pardons, bto., by Gov. Hoffman. 423 
 
 November 25th — Eugene Joiner, convicted October 3d, 1868, of 
 forgery ; Orleans connty ; term two years. 
 
 Recommended by judge, district attorney, complainant, and other 
 citizens, who state that, in their opinion, the act committed by tfie 
 prisoner was without criminal intent, and don« in ignorance. 
 
 Joiner is eighteen years old, and is represented aJways to have 
 borne a good character. 
 
 December 21st — Philip Brown, convicted February 23d, 1866, of 
 felonious assault ; New York ; term five years. 
 
 Eeeommended by ju'dge, district attorney. Gen. P. H. Jones, Col. 
 M. J. Farrell, and many others, on the ground that facts which have 
 come to light since the trial',, show strong mitigating circumstances, 
 and that the punishment imposed was excessive. 
 
 Decemher 25th — George Scholon, convicted December Z2d, 
 1866, of rape j Albany county ; term twelve years and four months. 
 
 Recomamended by judge, district attorney, Hon. W. A. Beach, 
 George W. Demers, andothers, on the ground that it is very doubtful 
 if a rape was committed. 
 
 The complainant was a public prostitute'. 
 
 December 24:t}x — Wilbur Conley, convicted December 11th, 
 1868, of burglary, third degree j St. Lawrence county ; term one 
 year and six months. 
 
 Becommended by district attorney and other eounty o£Scers of St. 
 Lawrence county, who state, " That said Conley and another were 
 out upon a hunting excursion, and, being hungry, came to a house 
 the occupants of which were absent, and seeing a loaf of bread and 
 a Small piece butter setting in a pantry window, raised the window, 
 and, taking out the bread and butter, sat down and ate them." The 
 value of the property taken was about twenty-five cents. Conley 
 was twenty'One years of age, and had always sustained a good char- 
 acter. 
 
 Pardons,, County Jail and Penitentiary,, 
 
 Penitentiary, Febrnary 27th — Henry Shreves, convicted Janu- 
 ary li9th, 1869, of petit larceny j New York; term three months. 
 
424 List of Pardons, etc., by &ov. Hoffman. 
 
 Becommended by Hon. A. Oakey Hall, late district attorney, and 
 by. Governor Theodore F. Kandolph, and Hon. John P. Stockton, 
 of New Jersey, of which State the prisoner is a resident. It appears 
 clearly that the conviction was had under a misapprehension of facts. 
 The prisoner was very young and of good character. 
 
 County jail, March 23d — Michael Barry and Timothy DriscoU, 
 convicted February 25th, 1869, of assault and battery; Madison 
 country ; term ninety days. 
 
 Granted on application of Justice Kinney, before whom prisoners 
 were tried. Testimony elicited since the trial shows that the con- 
 victed parties were wholly innocent of the assault, the sole witness 
 against them having been, as it now appears, an escaped convict. 
 
 Penitentiary, April 10th — Ernest Idler, convicted March 9th, 
 1869, assault and battery; St. Lawrence county; term six months. 
 
 Becommended by the recorder of Ogdensburg, who imposed the 
 sentence, and many other leading citizens of St. Lawrence county, 
 the prisoner's previous character being excellent. 
 
 Penitentiary, April 12th — Charles Bising, convicted January 
 26th, 1869, of disorderly conduct; Albany county; term six 
 months. 
 
 Becommended by the committing magistrate, the county judge, 
 the district attorney, and many respectable citizens acquainted with 
 the facts in the case. 
 
 The prisoner's offense consisted in not supporting his family, 
 which, by a special law, applicable only to the town of Watervliet, 
 may be punished as a misdemeanor. The magistrate states that 
 facts unknown at the time of commitment, have since come to his 
 knowledge, which constrain him to ask for the pardon of Bising. 
 
 Penitentiary, April 15th — Mary Cannon, convicted 'April 30, 
 1869, of assault; Bensselaer county; term sixty days. 
 
 Becommended by the committing magistrate, who stated that he 
 believed that the conviction in this case was erroneous. The pri- 
 soner appears to have been an industrious, sober and peaceable 
 woman. 
 
 Penitentiary, May 6th — Adam Bhinehart (colored), convicted 
 April 1st, 1869, of petit larceny ; New York ; term four months. 
 Becommended by Eev. John Murray Forbes, Fanny Beckwith, 
 
List of Pardons, etc., by Gov. Hgiffman, 425 
 
 leaad Bell, John Bigelow, and others, who testify to previous good 
 character of the prisoner and to their belief in his innocence. 
 
 iPenitentiary, May l8th — Heymer fl. Bancker, convicted Janu- 
 ary l?th, 1868, of grand larceny ; New York ; term five years. * 
 
 Becommended by Judge Kussell, who sentenced the prisoner, 
 Eev. Henry Ward Beecher, Dr. , Gallaudet, Marshall 0. Koberts, 
 Orlando L. Stewart, and others. 
 
 Baacker, during the absence of his sister (his only near relative) 
 in Europe, entered into the service of the complainant. He was 
 led into evil associations, and, under influence of older persons, stole 
 from his employer a small sum of money, he being at the time under 
 fifteen years of age. He afterward served with credit in the navy 
 for nearly two years before he was indicted. His conduct, except 
 in this one instance, had been very good. 
 
 JPenitentiary, May 18th — Greorge W. Tonis, convicted April 15, 
 1869, of petit larceny ; Monroe county ; term ninety days. 
 
 Granted on condition that the prisoner be immediately transferred 
 to the Eochester city hospital, it being satisfactorily shown that he 
 was very ill with consumption. 
 
 Penitentiary, May 27th — George E. Blowers, convicted Beptenlber 
 2, 1868, of grand larceny ; Wyoming county j term one year. 
 
 Recommended by district attorneyj county judge and other county 
 officers, members of the bar and many of the citizens of Wyoming 
 county. The prisoner found a pocket-book which had befen dropped 
 by the complainant in a stage-coach, and, being advised that he had 
 a right to do so, kept it. He was not yet twenty years of age and 
 had previously borhe a good character. 
 
 Pefliteatiary, May 29th -^ Thomas Seabury, ijonvioted March 23, 
 1869, of petit larceny ; New YOrk ; term six nionths. 
 
 Recommended by Judge Bowling, who imposed sentence, and by 
 many prominent citizens of New York. 
 
 Seabury committed this, his first offense, under the pressure of 
 threatened starvation for himself and family. Property of the value 
 of twelve dollars was stolen and at once pawiied for bread. He is 
 now offered employment. 
 
 Penitentiary, Jiltie 2d — Ed wal-d Lewis, Convicted March 5, 1869, 
 of attempted burglary, third degtee ; New York ; term one year. 
 54 
 
426 List of PjiKDONS, etc., by Gov. Hoffman. 
 
 It appears that some months ago and before the alleged offence, 
 the prisoner received a severe blow on the head, since which he has 
 not, in the opinion of several physicians, who testify, been of sound 
 mind. Hon. Samuel B. Garvin, district attorney, says: "From all 
 I can learn of the case, I am satisfied it is a proper case for a pardon. 
 He is upwards of sixty years of age, and has heretofore borne a good 
 character. I have also great doubts of his sanity. 
 
 County Jail, July 6th — Elizabeth Burrows (colored), convicted 
 July 1, 1869, of petit larceny; Orange county; term sixty days. 
 
 Becommended by the justice who imposed the sentence, by the 
 complainant and other reputable citizens. The physician of the jail 
 certifies that the life of the prisoner as well as that of her infant 
 child, but three weeks old, is endangered by the confinement. 
 
 Penitentiary, August 4th — Mary Dwyer, convicted July Igt, 
 1869, of petit larceny ; New York ; term, six months. 
 
 Becommended by A. Beal, agent of Prison Association and others. 
 The prisoner was convicted on the unsupported testimony of a girl 
 but four years of age. Previous good character is shown. Upon 
 the report of Mr. Beal, who made careful examination, the Governor 
 is satisfied that prisoner was not guilty. 
 
 Penitentiary, August 25th — George W.Bali, convicted August 2d, 
 
 1866, of grand larceny ; New York ; term two years. 
 
 Strongly recommended by judge, district attorney, complainant 
 and all his fellow employees. The larceny consisted in the over- 
 drawing of his account to a small amount by the prisoner, who was 
 cashier in a New York mercantile house. Shortly after overdrawing, 
 he had a difficulty with his employer and was discharged. He at 
 once informed his employer that the account was overdrawn, and on 
 being arrested plead guilty of grand larceny, although there is doubt, 
 on the facts, of guilty intent. Recorder Hackett says that if he had 
 understood the facts he would have suspended sentence. 
 
 Penitentiary, Sept 6tb — Amelia McGoff, convicted January 22d, 
 
 1867, of burglary, second degree ; Monroe county ; term three 
 years and six months. 
 
 Granted on condition that the prisoner be at once removed to St. 
 Mary's or some other hospital where she may be properly cared for. 
 Recommended by superintendent and physician of penitentiary, who 
 state that prisoner is in advanced stage of consumption with no hope 
 
List of Pardons, etc., bt Gov. Hoffman. 427 
 
 of recovery, and that her friends wish to remove her to St. Mary's 
 hospital. (In this case, the prisoner died an hour before the pardon 
 was received at the Penitentiary). 
 
 Penitentiary, Sept. 15th — Joseph Whelon, convicted July 24th, 
 1869, of assault and battery ; Qnondaga county; term six months. 
 
 Becommended by committing magistrate. This was prisoner's 
 first offense, and he has a wife and two children depending on him 
 for support, who ax% in great distress. 
 
 Penitentiary, October &th — George Soule, convicted October 4th, 
 1869, of assault and battery ; Brie county; term thirty days. 
 
 Grranted on application of Judge Yanderpoel, who imposed the 
 sentence, and who now states that Soule was erroneously convicted, 
 concurred in by district attorney and superintendent of police. 
 
 County Jail, November 9th — Frederick Bames, convicted Sep- 
 tember — , 1869, of assault and battery ; Queens county ; term, 
 four months. 
 
 Recommended by county judge, and many reputable citizens of 
 Hempstead, where prisoner resides, and where the offense was com- 
 mitted. Bames is shown to have been, prior to this offense, a sober, 
 honest and industrious citizen. He has a large family greatly suffer- 
 ing from want of his support. 
 
 Penitentiary, December 1st — Peter Quinn, Jr., convicted Decem- 
 ber 6th, 1867, of robbery ; Kings county ; term five years. 
 
 Recommended byjudge, district attorney, Mayor Kalbfleisch, Hon. 
 Henry C. Murphy, and others. The prisoner is represented to be a 
 mere lad, of weak intellect, and the case, though a technical robbery, 
 was but little, if anything, more than petit larceny. 
 
 Penitentiary, December 20th — Sarah Bllsworth, convicted July 
 10th, 1869, of disorderly conduct; St. Lawrence county; term 
 one year. 
 
 Pardpn granted on condition that prisoner be at once removed to 
 the hospital of the Sisters of Charity. Recommended by the super- 
 intendent and physician of the penitentiary. The prisoner is four- 
 teen years old, and the serious condition of her health demands the 
 change. 
 
4^8 IiiST OF Pae5),ons, eto,,, by 0o,y. goyiMAN, 
 
 Gonvnmtations. 
 
 May 27th — Charles S. Chase, convicted July 14th,, 1865, of grapd 
 larceny ; New York ; term five years ; commuted to four years. 
 Recommended by Hon. A. C. Beach, James A. Bell, and many 
 
 other citizens of Watertown, where Chase had always resided. 
 They represent that he had always borne a reputable character, 
 
 and that he was beside himself with liquor, in a strange city, when 
 
 the crime was committed. He has earned full time for good eon- 
 
 d^ct in prison. 
 
 May 27th — Yates Esmond, co^victed June 11th, 1867, of burglary, 
 third degree; New York; term five years; commuted to two 
 yeauss. 
 
 Previous character of prisoner highly spoken of by those who have 
 known him from childhood. This was his first offence. The physi- 
 cian of the prison. ^epQrts that Esmond is in the hospital with ab- 
 dominal dropsy, and that he cannot live long ; that he cannot under 
 asny cirBu.mstaiiees recover ; but that if released, a chainge of climate 
 and. surrouiidings may prolong his life sev«ri)d years. 
 
 May 27th — Edward Burns, convicted December 15th, 1864, ofrob- 
 bery, fii^t degi;ee ; New York ; term, ten years ajid sis months } 
 commHt@d to four years and nine months. 
 
 Prisoner w«s sentenced by Recorder Hoffman, wh<», stated at the 
 time th^t there w«re palliating circumstances in the case, but thai, 
 the great frequency of the crime of robbery, at that time rendered 
 necessary, for example's sake, a severe sentence. The sentence as 
 commuted is believed sufficient for the crime committed. 
 
 May 27th — Edward Fitzgerald, convicted December 17th, 1864, of 
 burglary, first degree ; Kings county ; term ten years ; commuted to 
 five years. 
 
 Recommended by judge, district attorney, Hon. Wm. D. Veeder 
 and a large number of prominent citizens of Brooklyn and by A. 
 Beal, agent of the Prison Association. 
 
 It appears by the letter of the district attorney, that Fitzgerald, 
 whose character had up to this time been very good, was led by 
 others into this crime and made merely their tool, his mind being 
 weak and easily influenced. 
 
List of Paedons, etc., bt Gov. Hoefmak. 429 
 
 May 2Tth — Alfred Bender, eonvieted ■ November 17th, 1865, of 
 arson, third degree ; Genesee countjy ; term six years and eleven 
 months ; commuted ta four years and six monthsu, 
 
 Subject to such further deduction as may be earned by good cdn- 
 duct in prison. An immediate pardon in this case was strongly 
 urged by a very large number of the leading citizens of Genesee 
 county J the district attorney has also repeatedly urged a pardon, sta- 
 ting that Bender was drawn into the crime without any realizing 
 sense of its enormity, and that he is a mere boy, who had before this 
 borne an e;xc.^llent character. 
 
 May 27th — Eugene Bassett, convicted April 14th, 1866, of rob- 
 bery ; Steuben county ; term eight years ; commuted to three 
 years and six months. 
 
 Recommended by the district attorney and other county officers 
 of Steuben county, and by many leading eitizeus. 
 
 The prisoner, whose previous good character is shown, was led 
 into the commission of this crime by an older man, who was the 
 principal offender. 
 
 June 1st — John Stovin, convicted September 27th, 1855, of rob- 
 bery,^ first degree j. Albany county ; term fifteen years ; commuted 
 to five years, with the further deduction allowed by law for good 
 conduct in prison. 
 
 Recommended by the judge, district attorney and many prominent 
 citizens. 
 
 The prisoner and one Curley, were both convicted of the same 
 offence, on the same testimony. Slavin was tried in September, 1865, 
 and sentenced to fifteen years imprisonment, while Curley, who was 
 not tried till the following March, was sentenced for only seven and 
 a half 'years. Judge Clute, who sentenced the prisoner, says : " Slavin 
 ought not, certainly, to suffer a longer imprisonment than Ctirley." 
 
 Cnrley's sentence was commuted by Governor Fentan, to two 
 years, and a. half, and the following indorsement, in reference, thereto 
 is found on the papers in this case : " I have, commuted the sentence 
 ,bf Daniel Curley to one-third of his term, and I think Slavin should 
 receive, at least, a proportionate reduction of his sentence if his oon- 
 ,dnct in prison remains good." 
 
 June Ist — William G. Wright, convicted January 29, 1869, of 
 forgery, fourth degree ; New York j term five years ; commuted 
 to one year. 
 
430 List of Pardons, etc. , by Gov. Hoffman. 
 
 Kecommended by Kev. J. Hendrick and a large number of reput- 
 able citizens of Steuben county (Wright's home), because of his 
 good character previous to this offense, and the belief that the pun- 
 ishment already inflicted would answer the ends of justice and secure 
 the reform of the prisoner. This is the first offence, and his pastor 
 says of him : " The subject of this petition has, until this occurrence, 
 maintained an unblemished reputation, and has been distinguished 
 as showing toward his mother all that filial regard which would be 
 expected from a kind, faithful and affectionate sou." 
 
 June 1st — Alexander McDougall, convicted, July 19th, 1865, of 
 
 grand larceny ; Kings county ; term five years ; commuted to four 
 
 years. 
 
 Eecommended by Hon. W. A. Henry, attorney-general of Nova 
 Scotia, and very many leading officials and citizens residing at Cape 
 George, Nova Scotia, where McDougall has always lived. 
 
 This is the prisoner's first offense, his former blameless character 
 being clearly shown ; and his aged parents are now in great distress 
 and want, by reason of his imprisonment. He has earned full de- 
 duction by his good conduct in prison, so that the commutation now 
 granted takes but three months from his sentence. 
 
 June 1st — Hugh O'Hara, convicted April 8th, 1867, of grand 
 larceny ; Niagara county ; term four years; commuted to two years 
 and six months. 
 
 Becommended by Hon. Richard Crowley and many other citizens 
 of Niagara county, on account of the enfeebled condition, in body 
 and mind, of the prisoner, and of the reasonable doubt that seems to 
 exist of his guilt, the evidence against him having been purely cir- 
 cumstantial. 
 
 Dr. Button reports that O'Hara is partially paralyzed and unable 
 to do any work ; also that his mind is greatly enfeebled. 
 
 June 1st — Michael Moynehan, convicted February 19th, 1862, of 
 murder ; Chemung county ; term life ; commuted to ten years. 
 
 Strongly recommended by judge, district attorney, Hon. John I, 
 Nicks, Hon. E. L. Patrick and very many other leading citizens of 
 Chemung county. Judge Campbell, who presided at the trial, re- 
 commends commutation on the ground of the extreme youth of 
 Moynehan, and that he was engaged in a drunken row led on by 
 older men, and says : " The killing was clearly not premeditated." 
 The prisoner was sixteen years old when the crime was committed. 
 
List of Pardons, etc., by Gov. Hoffman. 431 
 
 JunelSth — John Samuels, convicted July, 8tli, 1861,of manslaugli- 
 ter, first degree ; New York; term, fifteen yearsj commuted to ten 
 years. 
 
 Prisoner was sentenced by Recorder Hoffman, on his own pleai of 
 guilty of manslaughter, offered by advice of counsel. 
 
 He was a sailor, and the night of the manslaughter was his first 
 night ashore after a long cruise. 
 
 He fell into bad company, and, while under the influence of liquor, 
 killed one of his companions with a knife which was lying in the 
 room. There was good reason to believe that the witnesses told 
 only one side of the story, and that most unfavorable to the prisoner, 
 who had been greatly provoked and ill treated, so much so as to 
 make him, in his then condition, almost insane. 
 
 The Governor recollects distinctly the case, and his resolve at the 
 time of pronouncing sentence, that, if the prisoner's conduct in 
 prison should be good, he would endeavor to secure for him a com- 
 mutation of sentence. 
 
 June 28th — Seba Darrin, convicted February 20th, 1867, of bur- 
 glary ; Steuben county ; term five years and three months ; com- 
 muted to two years and six months. 
 
 Pardon in this case was strongly urged by judge and district at- 
 torney. The burglary consisted in breaking into a house of ill fame 
 by the .prisoner and taking from the mistress a pistol, with which 
 she was threatening him. The circumstances of the case repel the 
 presumption of any intention to rob. 
 
 July 1st — Morris O'Gorman, convicted October 24th, 1867, of for- 
 gery, third degree ; confession ; New York j term four years ; 
 commuted to two years. 
 
 Pardon strongly recommended by Judge Barnard, Hon. Orison 
 Blunt, John Bruce and many other leading citizens. The crime 
 was committed while the prisoner was greatly intoxicated, and con- 
 sisted in presenting a forged order for five gallons of varnish. Pre- 
 vious character is shown to have been good. 
 
 July 2d — James Geehan, convicted April 7th, 1865, of robbery ; 
 Kings County ; term ten years j commuted to five years. 
 
 Ten years was the shortest term for this crime when Geehan was 
 sentenced. The law has since been changed, making five years the 
 shortest term, which in this case was ample. Previous good char- 
 acter shown. 
 
432 List ot Pardons, etc., Bt Gov, SofFMAiTi 
 
 July 8tli — Thomas Oorooran, convicted April II th, 1867, of bur* 
 glary third degree, and grand larceny ; Kensselaer county ; term, 
 five years; commuted to two years and six months, with the 
 further deduction allowed by law for good conduct in prison. 
 Pardon recommended by Judge Robertson, who imposed the sen*- 
 
 tfcnce, Judge Rotaeyn and many other respectable citizens of Troy. 
 
 The previous character of Corcoran is shown to have been good. 
 
 Judge Robertson states that he now thinks the punishment imposed 
 
 by him Was too severe, and that a pardon should be granted. 
 
 September I5th — John Smith, convicted October 4th, 1865, of 
 rape ; Erie county ; term twenty years ;' commuted to five years. 
 
 Pardon strongly urged by judge, district attorney, jurors and com- 
 plainants, also by Hon, D. S. Bennett and other leading citizens of 
 Buffalo. A personal examination of the prisoner was had by the 
 Governor in a recent visit to the prison. 
 
 The circumstances of the case were such, in the Crovernor's opin- 
 ion, as to make the punishment, as above commuted^ amply sufficient. 
 
 Sept. 27th — James Carroll, convicted July 6thj 1860, of arson, 1st 
 degree ; New York ; term life ; commuted to ten years. 
 
 Recommended by district attorney, the chaplain and physician of 
 the prison, Hon. Homer A. Nelson and others. 
 
 Fire Marshal Baker, who procured the conviction, says the pri- 
 soner, who was young, was led into this crime by his employer, and 
 on this ground he recommended his pardon. 
 
 When the prisoner was sentenced no punishment less than life 
 was allowed by law for this gf ade of crime. Since that time the law 
 has been amended making ten years the minimum. 
 
 November 30th — David Burke, convicted October, 22d, 1869, of 
 murder ; Queens county ; sentenced to be executed December 10, 
 1869 ; commuted to imprisonment for life. 
 
 The prisoner was tried twice, the first jury having failed to agree. 
 Judge Grilbert who presided at the first, and Judge Joseph P. Bar- 
 nard, who presided at the second trial, unite in recomending the 
 commutation. 
 
 December 14th — Benjamin Teachout, convicted Septembei? 15th, 
 1869, of murder ; Wyoming county ; sentenced to be executed 
 December 25th, 1869 j committed to imprisonment for life. 
 
List of Pardons, etc., by Gov. Hoffman. 433 
 
 Evidence discovered since the trial creates just enough doubt 
 whether the jury would have convicted the prisoner, with this addi- 
 tional evidence before them, to make it unwise to inflict the death 
 penalty. Judge Noah Davis, who presided, very strongly urges'a 
 commutation, stating that he believes a new trial on the ground of 
 newly discovered evidence, would have been granted by the court if 
 it had had the power. 
 
 The district attorney, Hon. A. P. Laning (who represented the 
 attorney-general), the county judge, sheriff, and nearly all the 
 jurors, besides many members of the bar of Wyoming county, unite 
 in recommending commutation. 
 
 Re'prkves. 
 
 June 1st — Joseph Messner, convicted April, 1869, of murder; 
 Monroe county ; sentenced to be executed June 4th, 1869 ; respi- 
 ted to June 18th, 1869. 
 
 Grranted to allow counsel time to sue out writ of error and make 
 application for stay of proceedings. 
 
 November 30th — Owen Hand, convicted October 18th, 1869, of 
 murder; Kings county; sentenced December 3, 1869; respited 
 to December 17th, 1869. 
 
 55 
 
STATEMENT OF PARDONS AND COMMUTATIONS 
 OF PUNISHMENT GRANTED BY THE GOV- 
 ERNOR DURING THE TEAR 1870. 
 
 State of New Yokk, Executive Chambee, ) 
 Albany, February 3, 1871. ) 
 
 To THE Legislature : 
 
 The Constitution requires that the Governor " shall annually com- 
 municate to the Legislature each case of reprieve, commutation, or 
 pardon granted, stating the name of the convict, the crime of which 
 he was convicted, the sentence and its date, and the date of the com- 
 mutation, pardon, or reprieve." 
 
 I have considered, during the past year, more than one thousand 
 applications for pardon and commutation, made to me either by the 
 convicts in person when I visited the prisons or by written petition. 
 Eighty- five pardons, thirty-four commutations and one reprieve 
 have been granted. 
 
 I send a statement of pardons, ' reprieves and commutations 
 granted, with the particulars required by the Constitution; and 
 although under no obligation so to do, I have thought proper, for 
 the information of the Legislature and the people, to give, in addi- 
 tion, the reasons which induced me, in each case, to relieve the con- 
 vict from the penalties of the law. 
 
 JOHN T. HOFFMAN. 
 
 Pardons — State Prisons. 
 
 January 12th, 1870 — Max Goltz, convicted December 21, 1866, 
 of attempt to commit burglary, second degree; term five years; 
 county of New York. 
 
 Granted on condition that the prisoner should leave the country 
 for his home in Prussia within thirty days. 
 
List of Pardons, etc., by Gov. Hoffman. 435 
 
 Recommended by chaplain and other prison officers, also by Isaac 
 Bell, Commissioner of Charities and Corrections in the city of New* 
 York, and others. 
 
 There is some doubt of guilty intent. The prisoner has seryed 
 more than three years of his term, during all of which time his con- 
 duct has been good. Prisoner left immediately for his home in 
 Europe. 
 
 January 29th — John Dwyer, convicted December 4th, 1867, of 
 manslaughter, third degree, on plea of guilty ; term three years 
 and nine months ; county of Essex. 
 
 Becommended by the district attorney and other county officers, 
 by Hon. A. C. Hand and many other citizens, including the clergy- 
 men, lawyers, editors and physicians of Elizabethtown. All the 
 facts were not disclosed to the court, and it clearly appears that if 
 he had been tried he could have been convicted (if at all) only of 
 manslaughter, fourth degree, the punishment for which is limited 
 to two years. He has already served more than that time. 
 
 February 7th — William Scharffenberg, convicted September 21, 
 1855, of murder, sentenced to be hung May 19, 1856 ; commuted 
 to imprisonment for life in 1856 ; county of New York. 
 The prisoner was convicted of murder, the jury recommending 
 him to mercy. He was sentenced and sentence commuted. Ap- 
 plication was made to Governor Seymour for a pardon in 1864, and 
 he indorsed on the papers his decision, as follows : " I think the 
 convict should go free at the end of ten years from the time of his 
 sentence." At the time of his conviction the crime of murder was 
 not divided, as it is now, into two degrees. 
 
 The judge certifies that under existing statutes a conviction only 
 of murder in the second degree could have been obtained, and the 
 prisoner would have been sentenced for ten years. The prisoner 
 has been confined nearly fourteen years, during all which time his 
 conduct has been irreproachable. 
 
 In view of all the facts, justice and mercy alike demand his release. 
 Immediately on his discharge he went to his parents in Germany. 
 
 February 8th — Lewis Ostrander, convicted January 19th, 1867, of 
 
 mayhem ; term seven years and three months ; county of Oswego. 
 
 Recommended by judge, district attorney, jury, complainant and 
 
 many reputable citizens of Oswego county, on the ground that the 
 
 sentence was, under all the circumstances, too severe. 
 
436 List of Pardons, etc., bt Gov, Hoffman. 
 
 February 8th — Peter Quigley and John Boacb, convicted February 
 15, 1868, of larceny from person ; term four years and three months; 
 county of Onondaga. 
 
 Granted on application of Judge Morgan, who tried the prisoners, 
 and of the late district attorney, who prosecuted them. Facts have 
 come out since the trial which show that the conviction was erro- 
 neous and the prisoners innocent. 
 
 February 17th — George J. Collins, convicted October 19th, 1865, 
 of robbery ; term ten years ; county of Kings. 
 
 Kecommended by the judge, by Mr. Beal, agent of the Prison 
 Association, by the former employer of the prisoner and others; also 
 by the prison physician, who certifies that the prisoner is suffering 
 from heart disease and cannot live if kept in confinement. Though 
 technically a robbery, the case did not call for such severe punish- 
 ment. Sentence as for larceny only would have been sufficient. 
 
 February 28th — Alexander Eenand, convicted June 28th, 1867, 
 of rape ; term twenty years ; county of Kings. 
 
 On condition that the prisoner shall leave the United States for 
 Russia, within ten days after his release and never return. 
 
 Recommended by the Russian minister at Washington, personally 
 and officially. 
 
 Formal request made by the general government through Hon. 
 Hamilton Fish, Secretary of State, for the pardon, as an act of 
 courtesy to the Russian government. As such, granted. 
 
 April 7th — William Welsh, convicted January 14th, 1870, of at- 
 tempt to commit burglary, third degree j term two years, county 
 of New York. 
 
 Granted on the special application of the judge and district at- 
 torney, who unite in saying that there was no guilty intent on part 
 of prisoner. 
 
 April 22d — Ralph W. Hall, convicted December 14th, 1867, of 
 arson, second degree ; term seven years ; county of Madison. 
 The prison physician telegraphs that prisoner is ill beyond all hope 
 of recovery, and that he cannot probably live a week. 
 
 His wife, in attendance on him at the prison, asks that her hus- 
 band may be permitted to die outside the prison walls. The con- 
 vict died eight days after his release. 
 
List of Pardons, etc., by Gov. Hoffman. 437 
 
 May 19th. ^ Miles Dean, convicted April 9tli, 1867, of rape ; term 
 fifteen years ; county of Yates. 
 
 Recommended by district attorney, county officers, Senators Wood 
 and Harpending, who are both acquainted with the ciroumstandes 
 of the case, and by many citizens. The character of the testimony 
 given on the trial, together with facts since come to light, raise grave 
 doubts of the prisoner's guilt. 
 
 May 19th. ^ Thomas Rigney, convicted February 25th, 1867, of 
 robbery ; term six years and three months ; county of Oneida. 
 Recommended by judge, district attorney, chief of police of Utica, 
 Horatio Seymour, James McQuade, mayor of Utica, and many other 
 citizens. The prisoner was led into the crime by others who have 
 escaped all punishment. He has now served more than half his 
 term. His previous character was good. His former emplayer 
 offers to take him at once into his employ. 
 
 May 20th. — Frank H. Dean, convicted May 6th, 1869, of grand 
 larceny ; term three years and six months ; county of N ew York. 
 
 On condition that he leaves the State within thirty days, and does 
 not return within one year. 
 
 Recommended by N. D. Morgan and other leading citizens of New 
 York. The prisoner is promised a home and immediate employment 
 on a farm with his relatives in Ohio. 
 
 Granted in consideration of youth and previous good character. 
 
 May 21st. — John Edward Schaefer, convicted January 21st, 1868, 
 of forgery, third degree ; term five years ; county of New York. 
 
 Prisoner obtained from the Citizens' Savings Bank the sum of 
 thirty-five dollars by a forgery. It was his first offense of any kind, 
 ■ previous good character being shown. The officers and directors of 
 the savings bank ask that he may be pardoned, on ground of extra- 
 ordinary severity of sentence. He has now served about half his 
 term. 
 
 May 21st. — Giles 0. Rood, convicted March 19th, 1869, of grand 
 larceny ; term two years and three months j county of Cortland. 
 
 Application for pardon made by Judge Smith, who tried the 
 prisoner, and concurred in by many citizens. The prisoner, it was 
 claimed, found on the highway, a pocket-book containing money and 
 did not account for it to the owner when he found him out, but 
 kept it. He denied the charge ; and it appears that in a civil suit 
 
438 List of Pardons, etc., by Gov. Hoffman. 
 
 against him to recover the money the jury found a verdict in his 
 favor. He was afterward convicted as for larceny. Thq judge de- 
 clares that he did not helieve the prisoner bad any criminal intent 
 when he appropriated the money. 
 
 May 2lBt. — Patrick Short, Jr., convicted March 27th, 1867, of 
 assault with intent to kill ; term ten years and one month; county 
 of Erie. 
 
 Eecommended by judge and district attorney, also by Judge 
 Masten, Verplanck and Clinton, by A. M. Clapp, D. 8. Bennett, 
 G. A. Scroggs, John Ganson, James Humphrey, A. P. Nichols, 
 Joseph Warren, and many other leading citizens of Buffalo. The 
 present and the late officers of the prison and many citizens of 
 Auburn also strongly recommended a pardon for his excellent con- 
 duct, and for valuable services to the State in detecting and pre- 
 venting attempted frauds on the State, on two occasions preventing 
 insurrections, and especially for meritorious efforts at the time of 
 the late fire at the prison, by which efforts great loss was prevented. 
 
 May 31st — James Brady, convicted March 22d, 1869, of rape ; 
 term ten years and three months ; county of Seneca. 
 
 Recommended by judge and district attorney. The prisoner was 
 very young and was led on by older persons. • The judge states that 
 at time of trial the complainant was supposed to be a virtuous and 
 respectable woman, but that it has since transpired that she was a 
 common prostitute. Brady was a year in jail before his trial. The 
 more than two years' imprisonment already suffered, is sufficient 
 punishment for what was proved against him. 
 
 May 31st — -William Gleason, convicted April 3d, 1865, of man- 
 slaughter, second degree ; term seven years ; county of Ulster. 
 
 Urgently recommended by district attorney, Hon. George Beach 
 Hon. P. J. Plynn, and many others, on the ground that there is 
 grave doubt of the measure of prisoner's guilt. Previous good 
 character is shown. The party connected with the manslaughter, 
 believed to be most to blame, escaped and has never been arrested. 
 Gleason has, by exemplary conduct, earned the full deduction 
 allowed by law, and has but seven months to serve. 
 
 May 31st — Joseph Childs, convicted July 2d, 1869, of grand 
 larceny ; term three years ; county of Columbia. 
 
List of Pardons, etc., by Gov. Hoffman. 439 
 
 Granted on recommendation of judge and district attorney. Upon 
 facts admitted, it is difficult to see how the offence could have been 
 adjudged larceny. It was not larceny. 
 
 • 
 June 1st — Timothy Manning, convicted December 15th, 1865, of 
 
 robbery, first degree ; term nineteen years and six months ; county 
 of Albany. 
 
 Becomended by judge, district attorney, Kecorder Bosendale and 
 many others. Prisoner was a returned soldier, and there was noth- 
 ing in the facts of this case to justify the extraordinarily severe 
 punishment imposed. The prisoner has now served more than a 
 five years' term, less deduction earned for good conduct. 
 
 June 6th — Peter Dennis, convicted June 15th, 1869, of assault 
 with intent to kill ; term five years j county of Clinton. 
 
 Granted on representations, made in person by reputable citizens 
 of Clinton county, and on a personal examination of the case, during 
 the annual visit to the Clinton prison. The prisoner, an old and 
 infirm man, of excellent previous character, became involved in a 
 quarrel with a younger man, at least equally in fault; during the 
 struggle that ensued, the prisoner being closely pressed, inflicted a 
 very slight wound with a pocket knife he had in his hand. It is 
 doubtful if he should have been convicted at all. 
 
 June 14th — Julius B. Cochrane, convicted October 24th, 1861, of 
 assault to rob ; term fifteen years ; county of Queens. 
 Becommended by district attorney, by the complainant, and by the 
 chaplain, and other prison officers. He is pronounced one of the 
 best men in prison. The sentence was a very severe one. He has 
 served ten years, less legal deduction for good conduct. 
 
 June 18th — Michael Doyle, convicted August 5th, 1863, of rob- 
 bery, first degree ; term, fifteen years j county of New York. 
 Doyle was convicted before Becorder Hoffman. The case itself 
 was not an aggravated one, amd the sentence was made unusually 
 severe on account of the peculiar condition of affairs then existing 
 which seemed to require it as a warning to others. Prisoner has 
 now served, allowing for good conduct, considerably more than half 
 his term. The prison authorities say that his conduct is unexcep- 
 tionable. 
 
 June 21st — Jeremiah Clifford, convicted June 3d, 1862, of mur- 
 der ; term life ; county of Clinton. 
 
440 List of Pakdons, etc, bt Gov. Hoffman. 
 
 Case personally examined by the Governor at the prison. Ke- 
 commended by the district attorney, by many citizens, including 
 jurors, by Rev, J. A. Canfield, the late chaplain, and by the present 
 officers of the prison. The prisoner was a soldier, and while crazed 
 by liquor, under the influence of which he had been for several days, 
 killed a companion and friend. There was no quarrel between 
 them, and the killing was wholly without motive, and it is believed 
 that the prisoner was not conscious of the act he committed. His 
 previous character was good. The district attorney says, that he 
 thinks Clifi"ord, if he had been properly defended, would not have 
 been convicted of murder, but that he was entirely without means 
 or friends. He has served an imprisonment of ten years, less the 
 legal deduction for good conduct. 
 
 June 27th — Thomas Luther, convicted September, 1856, of mur- 
 der ; sentence, to be hung ; commuted, October 25, 1856, to im- 
 prisonment for life ; county of Herkimer. 
 
 Urgently recommended by Judge Owen, district attorney at the 
 time of the trial. Judge Eobert Earl of the Court of Appeals, and 
 many citizens of Herkimer county. The district attorney says that 
 he has become possessed of testimony since the trial which, if given 
 at the time, would have reduced the crime to the grade of man- 
 slaughter. His confinement of nearly fourteen years has destroyed 
 his health. All the prison officers, many ex-officers, and many citizens 
 of Auburn, Hon. E. P. Ross, and others, strongly urge a pardon on 
 the ground of unusual merit in the conduct of Luther at the prison. 
 Mr. Tyler, of Auburn, offers him immediate employment. 
 
 July 13th — John Collins, convicted March 3d, 1869, of carrying 
 slung shot ; term one year and fine of $600 j county of New York. 
 
 The prisoner has now remained in confinement four months be- 
 yond the time for which he was sentenced, and is unable to pay the 
 fine. It is not proper that he should remain indefinitely in prison, 
 and pardon is granted to extent of remission of the fine. 
 
 July 22d — Cornelius 0. Myres, convicted October 11th, 1869, of 
 grand larceny ; term one year ; county of Saratoga. 
 
 The prisoner recently exposed and prevented, at the risk of his 
 own life, a plot of convicts to murder a keeper and escape. Pardon 
 granted to reward him. His character previous to his conviction 
 was good. He has less than two months to serve. 
 
List of Paedons, etc., by Gov, Hoffman. 441 
 
 July 25th — William Weyburn, convicted December 21st, 1867, 
 of arson ; term five years ; county of Erie. 
 
 The judge and district attorney both expressed doubts of the pri- 
 soner's guilt, and recommend his pardon. His health is very poor, 
 and longer confinement would so aggrevate his disease (enlargement 
 of the heart)' that his life would be endangered. 
 
 July 36th — Charles L. Howe and William L. Shaw, convicted 
 January 11th, 1869, of attempt to commit burglary, third degree; 
 term two years and six months ; county of N,ew York. 
 
 There is in this case sufficient doubt of guilt to demand executive 
 interference. The complainant has become satisfied that the prisoners 
 are innocent and that no burglary was in fact attempted. 
 
 July 26th — Sophronia Baxter, convicted February 15th, 1866, of 
 arson ] term seven years and three months ; county of Ohautauqua. 
 
 Pardon asked for by the prison physician, the principal and as- 
 sistant matrons of the female department of Sing Sing prison, and 
 by the district attorney and leading citizens of Chautauqua county. 
 The prisoner had once been insane, and longer confinement threatens 
 permanent insanity. 
 
 August 17th — Joseph Peake, convicted October 24th, 1867, of 
 grand larceny ; term five years ; county of Cortland. 
 
 Becommended by judge and district attorney. Previous character 
 of prisoner shown to have been good. The prison physician says he 
 is very ill with consumption, and cannot probably live through the 
 winter. 
 
 August 18th — John Williams, convicted October 1 5th, 1868, of 
 grand larceny ; term five years ; county of New York. 
 
 Case personally examined by the G-overnor on his visit to the pri- 
 son. It was the prisoner's first oflfence, and he has now served nearly 
 two years. He is suffering from disease of the heart and lungs. 
 Prison physician pronounces him incuralble. His mother asks his 
 discharge that she may care for him. 
 
 September 14th — Charles M. Brown, convicted July 10th, 1865, 
 of burglary, first degree ; term ten years ; county of Kings. 
 
 Becommended by judge, district attorney and many leading citi- 
 zens of Brooklyn. It was a first offence, and the prisoner has given 
 56 
 
442 List of Pardons, etc., by Gov, Hoffman. 
 
 evidence of thorough reformation. He is offered a home and per- 
 manent employment in another State. 
 
 September 19th — Kohert Corbin, convicted February 23d, 1869, 
 of manslaughter, third degree; term two years and two months; 
 county of Chenango. 
 
 The prisoner wag, at the time of the homicide, a farmer of excel- 
 lent character, considerably past middle age, and the homicide oc- 
 curred in a quarrel about possession of land. 
 
 The prison physician reports that his mind is rapidly failing ; that 
 continued confinement will produce perfect and permanent dementia; 
 and that, if released and placed under favorable circumstances out- 
 side, he may recover. Upon this ground, and in order that he may 
 be taken care of by his family, the pardon is granted. 
 
 September 22d — P. J. Flaharty and John Cummings, convicted 
 October, 1863, of robbery ; term ten years ; county of Richmond. 
 
 Personally examined by the Governor, on his visit to the prison. 
 The prisoners were convicted with two others, who it appears, were 
 pardoned after serving fifteen months of their term. They were 
 soldiers in camp on Staten Island, and their offence, though techni- 
 cally robbery, was probably little more than disorderly conduct, com- 
 mitted when intoxicated. Their previous character was good. The 
 frequency of such cases at the time rendered severe punishment 
 necessary by way of example. 
 
 Their conduct in prison has been uniformly good, and their pun- 
 ishment already too prolonged for the actual offence. 
 
 Oct. 31st — Charles Wicker, convicted November 19th, 1869, of 
 robbery ; term seven years ; county of New York. 
 
 Recommended by Hon. Robert 0. Hutchings, who, as assistant 
 district attorney, conducted the prosecution, and by many leading 
 citizens. 
 
 The doubts of the prisoner's guilt are so grave that Mr. Hutchings 
 deems it his duty to ask that pardon may issue. 
 
 November 1st — John Killeher, convicted December 14th, 1866, of 
 robbery ; term five years and six months ; county of Erie. 
 
 Recommended by the judge, members of the jury, sheriff and 
 leading citizens of Buffalo. It was a first offence, and his conduct 
 in prison has been excellent. Sheehan, convicted of same offence at 
 same time, was pardoned in 1868. 
 
List of Pardons, etc., by Q-ov. Hoffman. 443 
 
 November 17th — Frank Finnegan, convicted February 6th, 1868, 
 of larceny ; term three years and six months ; county of Chau- 
 tauqua. 
 
 First offence ; pardon granted for purpose of allowing friends of 
 prisoner to take him home before death, the prison physician report- 
 ing that he has but a few days to live. 
 
 The prisoner died four days after leaving prison. 
 
 November 18th — William R. Haight, convicted September 28th, 
 1869, of attempt to commit larceny from the person j term two 
 years and six months ; county of Cattaraugus. 
 
 G-ranted on condition that the prisoner shall leave the State, with 
 his father, who applied for pardon, and shall not return within two 
 
 The application for pardon is favored by the judge and district 
 attorney, who say that, in view of possible error in the conviction 
 and of the previous character of prisoner, they think a pardon 
 should be granted. 
 
 The father of Haight promises to take him to his house in Chicago, 
 and give him immediate employment. 
 
 November 25th — James Russell, convicted May 27th, 1865, of rob- 
 bery ; term ten years j county of Onondaga. 
 Recommended by district attorney and by many citizens of Syra- 
 cuse ; also by Abraham Beal, agent of the Prison Association. The 
 circumstances of the case were not such as to demand so long a term 
 of imprisonment. 
 
 November 26th — .John W. Reidenbach, convicted February 7th, 
 1868, of sodomy ; term nine years and eight months ; county of 
 Kings. 
 
 Personal examination at prison. From a full and careful investi- 
 gation of this case the Governor is satisfied this conviction was wrong. 
 Circumstances which have come to light since the trial, render it 
 probable that the conviction was the result of a conspiracy on the 
 part of persons interested in getting Reidenbach out of the way. 
 
 November 28th — William A. Thayer, convicted October 24th, 1866, 
 of attempt to commit arson, second degree ; term five years ; county 
 of Erie. 
 Thayer's time, by reason of his good conduct in prison, will expire 
 
 in January, 1871, two months hence. He is very low with con- 
 
444 List of Pardons, etc., by Gov. Hoffman. 
 
 sumption, and, in the opinion of the physician and officers df the 
 prison, cannot live out his term. His relatives wish to take charge 
 of him. His previous character has been good. 
 
 December T^th — Emma Metz, convicted December 14th, 1869, of 
 grand hiroeny ; term four years and six months ; county of New 
 York. 
 
 On condition that she shall leave the United States for her home 
 in Germany within ten days after her release and shall not return 
 within five years. The prisoner was led into the crime by older and 
 more experienced persons. She is now in failing health and her 
 pardon is urged by Mr. Beal, agent of the Prison Association, and by 
 Le G-rand B. Cannon, the complainant, who offers to pay her passage 
 and expenses back to her home in Germany. 
 
 December 6th — Henry Tate, convicted July 26th, 1870, of grand 
 
 larceny ; term one year ; county of Erie. 
 
 Becommended by judge, district attorney, Hon. A. P. Lanitag 
 and other leading citizens of Buffalo. The evidence shows that the 
 offence was a mere trespass, not a larceny. This view of the case is 
 now taken by both judge and district attorney. Previous character 
 good. 
 
 December 7th — Jacob H. Brill, convicted November 17th, 1865, 
 of arson, third degree ; term six years and eleven months ; county 
 of Genesee. 
 
 The prisoner has served over five years. His pardon is asked for 
 by Judge Marvin, who imposed the sentence, and by Mr. Tyrrell, 
 district attorney at the time of conviction ; also by D. D. Waitft, 
 editor of the Kepublican Advocate ; Henry Todd, editor of the Spirit 
 of the Times ; Tracy Pardee, president of the First National Bank ; 
 H. N. Howard, president of the National Bank of Genesee ; Hon. 
 Henry J. Glowaoki, B. C. Walker, George Bowen, Seth Wakeman, 
 and many others, all residents of Batavia where the crime was com- 
 mitted. The prison chaplain also recommends a pardon. 
 
 December 9th — Hugh D. Hood, or Hugh Hoole, convicted Feb- 
 ruary 26th, 1868, of larceny j term five years and four months ; 
 county of Queens. 
 
 Becommended by Abraham Beal, agent of the Prison Association, 
 Hon. John Stanton Gould, Bev. George F. Seymour, and many 
 others. The prisoner is now in very feeble health, and, as represented 
 by Mr. Beal, is on the verge of insanity by reason of his confinement. 
 
List of Pardons, etc, by Gov. Hoffman. 445 
 
 December 9th — John Kingston, convicted October 16, 1860, of rob- 
 bery ; term five years ; county of Erie. 
 
 Becommended by judge and district attorney, who state that evi- 
 dence has been produced since the trial which, if known at the time, 
 would in their opinion, have resulted in an acquittal. The prisoner's 
 co-defendant, at a subsequent trial, was found " not guilty." Many 
 leading citizens join in the petition. 
 
 December 10th — Patrick Holland, convicted March 6th, 1867, of 
 robbery ; terjn ten years ; county of Kings. 
 
 Granted on petition of the mayor of Brooklyn and others. Con- 
 curred in by the district attorney and senators Henry C. Murphy 
 and James F. Pierce. It is alleged that there is very great doubt 
 of the prisoner's guilt. The main question on the trial was one of 
 identity, and another person, since convicted of another ofiience, has 
 declared himself guilty of this. That Holland's previous conduct 
 was unexceptionable is clearly established. 
 
 December 27th — William Barry, convicted March 8th, 1870, of 
 assault with intent to kill ; term three years and three months ; 
 county of St. Lawrenqe. 
 
 In an affray, in which it is quite clear both parties were to blame, 
 prisoner inflicted a slight wound on complainant with a pocket knife, 
 There had been no previous quarrel, and the complainant now joins 
 in the petition for pardon made by many citizens of St. Lawrence 
 county. The prisoner's wife is ill with consumption and destitute 
 of means of support. His previous character had been good. 
 
 December 27th — Michael Hagan, convicted June, 1855, of murder ; 
 sentenced to be hung ; commuted to imprisonment for life, July 
 24th, eighteen hundred and fifty-five; county of Orange. 
 
 Personal examination at the prison. The facts developed on the 
 tjial were such that the judge and district attorney united in a re- 
 quest to the Governor that the prisoner might not be executed, and 
 the sentence was coramnted. At a later date, many years ago, the 
 judge (Hon. John W. Brown, of Newbmrgh,) and the district at- 
 torney (Hon. C. H. Winfield) wrote, advising an immediate and 
 unconditional pardon. The prisoner has always asserted his inno- 
 cence. He has now been in prison more than fifteen ye'ars, during 
 all of which time his conduct has been uniformly quiet, orderly and 
 submissive ; so that not even a rebuke from the prison officers has 
 ever been necessary. They plead earnestly for his discharge, declar- 
 
446 List of Pardons, etc., of Gov. Hoffman. 
 
 ing that its effect upoa the general discipline of the prison would be 
 very beneficial. 
 
 December 29th — Greorge Chappell, convicted May 26th, 1864, of 
 
 robbery; term fifteen years; county of Orleans. 
 
 Granted on application of Hon. D. B. McNeil, Inspector of State 
 Prisons, Allen Ross, agent and warden, and the other prison officers. 
 
 The physician of the prison certifies that the prisoner is low with 
 consumption, and that continued confinement would soon cause death. 
 
 Pardons — County Jail and Penitentiary. 
 
 January 4th, 1870 — James H. Young, convicted December, 1869, 
 of vagrancy; term 100 days; county of Onondaga. 
 
 Becommended by Police Justice Gorbett, who imposed the sen- 
 tence, by Judge Riegel, county judge, and by Hon. Leroy Morgan, 
 justice of the Supreme Court, who certify that the prisoner was con- 
 victed under a misapprehension of the facts in the case. 
 
 January 25th — John Higgins, convicted September 13th, 1869, of 
 assault and battery ; term one year ; county of Kings. 
 
 Becommended by complainant and judge, also by the mayor of 
 Brooklyn, by Hon. Samuel T. Maddox, and others. 
 
 February 8th — Mary Oakes, convicted February, 1870, of bigamy ; 
 term one year ; county of Erie. 
 
 Granted on application of Judge Clinton, and the district attorney, 
 who state that the prisoner, a young, inexperienced and ignorant 
 woman, who had been deserted by her husband, did not know she 
 was committing a crime. She was legally guilty, but an object for 
 sympathy rather than punishment. 
 
 February 9th — George Shields, convicted October 2d, 1869, of 
 larceny; term one year; county of Kings. 
 
 The judge and district attorney recommend pardon, believing the 
 appropriation of property was without criminal intent. Previous 
 good character is shown. 
 
List of Pardons, etc., by Gov. Hoffman. 447 
 
 rebruary 15th — John Malone, convicted November, 1868, of man- 
 slaughter, fourth degree; term one year, and a fine of |150; county 
 of Bensselaer. 
 
 Becommended 'by the judge, district attorney, and many reputable 
 citizens. The prisoner was attacked while engaged at his business, 
 and having once escaped from the attacking party and resumed his 
 occupation, was again seized and thrown down. During the second 
 attack he struck the man who seized him with his shovel, from which 
 blow death ensued six months afterward. He should have been 
 acquitted. 
 
 Malone was very ill, and the jail physician certifies that longer 
 confinement would be likely to preclude all hope of recovery. 
 
 March 3d — Ida A. Hall, convicted March 1st, 1870, of petit lar- 
 ceny ; term ten days ; county of Herkimer. 
 
 Becommended by Hon. Bobert Earl and many other citizens of 
 Herkimer county. The prisoner is a child twelve years old, whose 
 character is said by her teacher to have been good. It was very 
 wrong to imprison her at all. 
 
 March 10th — John MoGinness, convicted August 1st, 1869, of 
 assault and battery ; term one year ; county of Kings. 
 
 Becommended by complainant and many citizens, also by the 
 physician to the penitentiary, who certifies that the health of the 
 prisoner is such that his life will be endangered by longer confine- 
 ment. 
 
 April 15th — Michael Post, convicted March 14th, 1870, of assault 
 and battery ; term four months ; county of Monroe. 
 
 Strongly urged by Judge Fuller, who tried the prisoner, also by 
 the late county judge and many others, on the ground that the 
 conviction was improper. Good character shown. 
 
 April 20th — Ottaway Lapoint, convicted November, 1869, of petit 
 larceny ; term one hundred and eighty days j county of Onondaga. 
 
 Becommended by justice, also by the physician and inspectors of 
 the penitentiary, because the prisoner is very ill with consumption 
 and cannot live out the remainder of his term. Previous good 
 character proved. 
 
 May 14th — James Brogan, convicted April 19th, 1870, of assault 
 and battery and drunkeness; term four months on first charge; 
 sixty days on the last ; county of Monroe. 
 
448 List of Pardons, etc., by Gov. Hoffman. 
 
 Eecommended by the oommitting magistrate, wbo says that since 
 sentence was passed he has learned that this was prisoner's first 
 offence, he having always before borne a good character. 
 
 May 21st — George Thompson, convicted February 23d, 1870, of 
 petit larceny ; term six months j county of Kings. 
 Eecommended by judge, district attorney and committing magis- 
 trate. The prisoner had always borne a good character, is very 
 young, and was led into this affair by bad company. 
 
 May 21st — Hugh Wilson, convicted May 7th, 1867, of assault with 
 intent to kill ; term five years ; county of Monroe. 
 
 On condition that he be removed to Canada within thirty days, 
 not to return within two years. 
 
 Recommended by judge and by many citizens ; also, by the war- 
 den and physician of the penitentiary, who state that the prisoner 
 is becoming insane, and will probably become permanently so, if 
 longer confined. His friends promise to remove him to a farm in 
 Canada. Previous good character certified to by those who know 
 him. 
 
 May 23d — William Agan or Aiken, convicted May 13th, 1870, of 
 disorderly conduct ; term three months ; county of Schenectady. 
 
 Recommended by justice, district attorney, steriff, Senator Thayer 
 and others. The justice states that since the conviction he has be- 
 come possessed of information which shows that the conviction was 
 erroneous. 
 
 May 23d — Ellen Starr, convicted January 13th, 1866, of burglary 
 and larceny ; term seven years and six months j county of 
 Chautauqua. 
 
 Recommended by Judge Grover, who tried the prisoner, and by 
 the district attorney who prosecuted her; also, by the present district 
 attorney and many citizens, and by the officers of the penitentiary. 
 The judge and district attorney say that the prisoner was very young 
 when she committed this crime, and under evil influences and sur- 
 roundings, from whict she will hereafter be free. 
 
 June 20th — George Seitz, convicted May 26th, 1870, of assault and 
 
 battery ; term four months ; county of Monroe. 
 
 Application of district attorney, Hon. Jarvis Lord, Hon. Lewis 
 Selye and other leading citizens, who state that the prisoner had 
 
List oe Pardons, etc., by Gov. Hoffman. 449 
 
 previously borne an excellent eharacter, and that there was doubt 
 as to tbe justice of his conviction. Seitz is sixteen years old, and 
 is the sole support of aged parents. 
 
 June 20th — John Krans, convicted June 17th, 1869, of felonious 
 assault ; term two years ; county, of Ulster. 
 
 Becommended by judge, by Hon. Jacob Hardenburgh, and by 
 many citizens of Ulster county. Krans is represented as an old man 
 who had always sustained a good character. One year's punishment 
 sufficient. 
 
 June 21st — William Smith, convicted December 16th, 1869, of 
 manslaughter, fourth degree; term six months and $100 fine ; 
 county of Erie. 
 
 The object of this pardon is only to remit the fine, which the 
 prisoner is unable to pay, his term having expired. Becommended 
 by Hon. Thomas G-. Alvord, Col. James P. Foster and others. 
 
 July 15th — Thomas Dowd, convicted by plea of guilty, November 
 15th, 1869, of burglary, second degree; term two years; county 
 of Albany. 
 
 Grranted on application of district attorney Peckham, who says he 
 is satisfied a conviction of petit larceny only would have been more 
 in accordance with facts of case, and punishment is too severe. 
 
 July 22d — James King, convicted July 15th, 1870, of grand lar- 
 ceny ; term one year ; county of Kings. 
 
 Pardon applied for by Judge Troy, who sentenced the prisoner. 
 He states that it is a case of technical guilt merely ; that King is a 
 poor, broken down man. He has friends who will care for him, and 
 is not a fit subject for a prison. 
 
 July 22d — George Chapman, convicted April 12th, 1870, of assault 
 and battery ; term six montns ; county of Monroe. 
 
 The Superintendent of the Penitentiary states that prisoner is 
 dying with consumption, and has friends who will take care of him. 
 
 July 28th — Jacob Simon, convicted January 24th, 1870, of receiv- 
 ing stolen goods ; term three years ; county of Kings. 
 
 Recommended by the district attorney, and many leading citizens 
 of Brooklyn. The prisoner's previous character is shown to have 
 been good. His conviction was obtained solely upon the testimony 
 57 
 
450 List of Pardons, etc., of Gov. Hoffman. 
 
 of tte thief. From a careful examination of the case, there seems 
 to be great doubt of guilt. 
 
 August 3d — Thomas Hayes, convicted July 6th, 1870, of assault 
 and battery ; term four months and ten days ; county of Queens. 
 The prisoner is an escaped lunatic from the Kings county asylum, 
 
 and when released will be returned there. 
 
 August 4th — John Phelan, convicted May 24th, 1870, of petit 
 
 larceny; term six months; county of New York. 
 
 Granted on application of the prosecutor, Kev. Thomas Mooney, 
 in consideration of the prisoner's previous character and in the be- 
 lief that the punishment already inflicted, answers the ends of justice. 
 
 August 17th — Sarah Crawford, convicted May 24th, 1870, of petit 
 larceny ; term six months; county of New York. 
 
 Becommended by the committing magistrate and others. The 
 sentence was too severe, the larceny being of a very trifling amount. 
 
 September 1st — John Brennan, convicted May 6th, 1870, of assault 
 and battery ; term one year ; county of Knigs. 
 
 Recommended by district attorney, complainant and many respect- 
 able citizens, who say that the prisoner is a man of good character ; 
 that he has several motherless children dependent upon him, and 
 that his business is being ruined by his imprisonment. 
 
 September 1st — William H. Chapman, convicted June 23d, 1870, 
 of assault and battery ; sentenced to pay a fine of $200, or to be 
 confined in the county jail until paid, not exceeding eight months; 
 county of Cayuga. 
 Prisoner is unable to pay the fine. His pardon is asked for by 
 
 the judge, district attorney, sheriff and citizens, for the reason that 
 
 he has lately exposed and prevented a desperate plot on the part of 
 
 his fellow prisoners to escape jail. 
 
 October 4th — George Pollman, convicted July 15th, 1870, of 
 breach of peace and resisting an officer ; term six months ; county 
 of Onondaga. 
 Recommended by the judge, complainant, arresting officer, and 
 
 manyof the most reputable citizens of Spracuse, in consideration of 
 
 the extreme ill health of the prisoner, 
 
 November 11th — Horace T. Sprague, convicted March 23d, 1870, 
 of burglary ; term one year and six months ; county of Albany. 
 
List of Paedons, etc., of Gov. Hoffman. 461 
 
 Recommended by the judge, District Attorney Peckham, Brastus 
 Corning, Jr., and Chapin &Foster, the prisoner's former employers. 
 Sprague is a young man, who was led into this his first offence, by evil 
 associates. A sick father, a brother and two younger sisters are 
 dependent upon hijn for support. His character has heretofore 
 been good, and his former employers are ready to take him back at 
 once into their employ. 
 
 November 17th — Andrew Oliver, convicted March 19, 1870, of 
 burglary, third degree ; term one year ; county of Albany. 
 Recommended by the district attorney and many citizens. Pri- 
 soner's previous character was good. This was his first offence. 
 A wife and two children depend solely upon him for support. His 
 former employers offer him immediate employment. 
 
 December 7th ^— Simeon V. N. Hamilton, convicted January, 1870, 
 
 of illegal voting ; now awaiting sentence ; county of Tioga. 
 
 Hamilton was, in 1857, when sixteen years of age, convicted of a 
 felony and sentenced to Auburn prison for two years, his term ex- 
 piring when he was still under nineteen. . He voted at the general 
 election in November, 1868, never having been restored to citizen- 
 ship, for which he was arrested and convicted, as above. 
 
 An appeal was made, the judgment of the court below affirmed, 
 and the convict is now awaiting sentence. 
 
 It is proved clearly to the Governor (such proof being excluded 
 on legal grounds on the trial) that he had been advised by respect- 
 able counsel, that, having been convicted while a minor, he had not 
 lost thereby the right of suffrage, and that on account of age he was 
 entitled to vote just as if he had not been convicted ; that he did so 
 vote without question or challenge at prior elections, and that he 
 voted in good faith and without felonious intent. His character has 
 been good since his release from prison, eleven years ago. He has 
 a family, and is established in business. 
 
 December 17th — Charles A. Wilson, convicted November 11th, 
 1870, of larceny ; term three months ; county of Erie. 
 Recommended by the committing magistrate and by the superin- 
 tendent of police, information received since the conviction proving 
 the innocence of the prisoner. 
 
 December 27th — John Short, convicted March 28th, 1870, of sel- 
 ling liquor without a license ; term three months and $100 fine y 
 county of Jefferson. 
 
452 List of Pakdons, etc., by Gov. Hoffman. 
 
 Appeal was taken, and in September the decision of the court 
 below was affirmed, prisoner in the meantime having been released 
 on bail. 
 
 It clearly appears that the jury drew lots for a verdict. The 
 district attorney says : ■' The evidence was very weak indeed, and, 
 without doubt, the jury gambled for a verdict." 
 
 CommuMions. 
 
 January 5th — John McCue, convicted February 23d, 1860 ; man- 
 slaughter, first degree ; term nineteen years and six months ; 
 county of New York ; commuted to ten years. 
 Recommended by Judge Ingraham, the presiding judge, who 
 states that, in view of the circumstances of the case, he thinks the 
 punishment has already been sufficient. The prisoner's previous 
 character was good, and his conduct in prison has been exemplary. 
 The chaplain'represents that he is in failing health, and cannot sur- 
 vive much longer confinement. 
 
 January 13th — Thomas Chappel, convicted January 21st, 1869 ; 
 
 burglary and larceny ; term three years and six months ; county 
 
 of Orleans; commuted to one year. 
 
 Recommended by Sanford E. Church, George W. Miller, H. D. 
 Tucker, late district attorney, and other lawyers present at the trial. 
 The members of the jury also recommend a pardon. The prisoner's 
 previous character is stated to have been good, and his health is 
 represented to be such that confinement for his full term would en- 
 danger his life. 
 
 January 14th — Hiram C. Powers, convicted December, 1869 ; 
 
 murder; sentenced to be hung February 4th, 1870 j county of 
 
 Lewis ; commuted to imprisonment for life. 
 
 Recommended by judge, district attorney and jury ; also, by the 
 physicians, clergymen, members of the bar and many others of Low- 
 ville, who state that Powers is of so weak mind as to be almost in- 
 sane or idiotic. Dr. Gray, of the Utica Insane Asylum, after a 
 personal examination, reports that the prisoner, though not insane, 
 
List of Pardons, etc., by Gov. Hoffman. 453 
 
 may be properly classed as an imbecile, or so nearly so as to be an 
 unfit subject for the infliction of the highest penalty of the law. 
 
 March 3d — James Blake, convicted April 10th, 1869, grand 
 larceny ; term two years ; county of Kings ; commuted to one year. 
 
 Becommended by judge and district attorney. The prisoner was 
 very young ; it was his first offence, and he now seems to be truly 
 penitent. The judge says : " When I sentenced him for two years 
 I determined, if his behavior was good, to recommend him to pardon 
 after one year." 
 
 March 28th — Thomas Pinkerton, convicted October 5th, 1866, 
 manslaughter, second degree ; term seven years , county of Ulster ■ 
 commuted to three years and six months. 
 
 Recommended by county judge, district attorney, and many 
 prominent citizens. Prisoner had always been known as an indus- 
 trious and sober man, and had been for a long time employed in a 
 responsible position. His wife became grossly imtemperate. One 
 day, coming home from his work, he found her very much intoxica- 
 ted in his house in company with a straggling beggar. In a moment 
 of anger he struck her, and so injured her thatshe died. Her death 
 Was probably the result of the blow and the intoxication combined. 
 The prisoner has the good opinion of the prison officials, and has 
 been an object of general sympathy. Employment in his old posi- 
 tion is offered him on his discharge. 
 
 May 14th — Adolph Phillips, convicted April 28th, 1869, grand 
 larceny ; term three years ; county of New York ; commuted to 
 one year and six months, with further deduction allowed by law 
 for good conduct. 
 
 The larceny was of books from the rooms of the Mercantile Library 
 Association. The prisoner's previous character was good. His par- 
 don is asked by the officers and members of the association and by 
 the district attorney. 
 
 May 19th — Nelson Slater, convicted October 25th, 1860, rape; 
 term life ; county of Wayne. 
 
 Commuted to ten years. 
 
 Eecommeuded by district attorney, county officers and prison 
 officials. In view of all the circumstances of the case, ten years is 
 ample punishment. 
 
454 List of Pardons, etc., bt Gov. Hoffman. 
 
 May 19th — George W. Hallifax, convicted October 2d, 1868, of 
 burglary, first degree; term five years; county of Niagara. 
 
 Commuted to two years and six months, with further deduction 
 allowed by law for good conduct in prison. Also, 
 
 May 19th — Herman Hallifax; convicted October 2d, 1868, burglary, 
 first degree ; term five years ; county of Niagara. 
 
 Commuted to two years, with further deduction allowed by law 
 for good conduct in prison. 
 
 Pardon in these cases is recommended by Judge Lamont, of the 
 Supreme Court, the present and the late cotinty judges of Niagara 
 county, by Hon. R. M. Skeels, Hon. Greorge C. Greene and many 
 .other reputable and leading citizens. The previous character of the 
 prisoners had been unimpeachable, and it is shown that they were 
 enticed into the commission of this offence by an old and cunning 
 offender, who escaped punishment. 
 
 May 19th — Fisk Wallace, convicted February 20th, 1866, burglary 
 and grand larceny ; term fourteen years ; county of St. Lawrence. 
 
 Commuted to five years, with deduction allowed by law for good 
 conduct in prison. 
 
 Becommended by Judge James, who sentenced prisoner, and by 
 many citizens of St. Lawrence county. The prisoner at the time of 
 conviction was a young lad, barely sixteen years old, and it seems 
 clear that he was led into the commission of this offence by a person 
 older than himself. Previous character good. 
 
 May 19th — James Soanlon, convicted March 3d, 1866, robbery ; 
 term seven years and three months ; county of Livingston. 
 
 Commuted to five years, with further deduction allowed by law 
 for good conduct in prison. 
 
 Prisoner was convicted with another, who was sent for five years, 
 The cases were the same, and no reason appears for a longer sentence 
 in this case than in the other. 
 
 May 20th — Patrick Callahan, convicted June 11th, 1868, of mur- 
 der ; sentenced to be hung ; county of Rensselaer ; commuted 
 July 1st, 1868, to five years in Clinton prison ; commuted to two 
 years. 
 
 Pardon recommended by Hon. John A. Griswold, Hon. Martini. 
 Townsend, and many other leading citizens of Troy. Commutation 
 or pardon recommended by judge and district attorney. The offense 
 
List of Pardons, etc., by Gov. Hoffman. 455 
 
 of Callahan arose from an excess of zeal as private watchman in pro- 
 tecting, as he supposed, the property of his employers. Though he 
 was techriically guilty, there was an entire absence of that guilty 
 intent which would justify a long imprisonment. 
 
 May 21st — Michael Quinn, convicted November 30th, 1868, of rob- 
 bery ; term five years ; county of Queens ; commuted to two years, 
 with deduction for good conduct. Also, 
 
 May 21st — James E. Hagan, convicted November 30th, 1868, of 
 robbery; term two years and six months ; county of Queens ; com- 
 muted to two years, with deduction for good conduct. 
 
 Application for pardon made by Judge Armstrong, who imposed 
 sentence, and concurred in by district attorney and many citizens. 
 Previous good character shown. The judge says that the offence, 
 though technically a robbery, was really a drunken frolic, and that 
 the complainant even did not consider it an intended robbery. The 
 prisoners, while grossly intoxicated, stopped a man with a team in a 
 very public place on the highway, and compelled him to give them a 
 dollar for a goose, which they alleged he had killed. 
 
 May 31st — Edward Dunn, convicted December 22d, 1866, of rape ; 
 term fourteen years and four months ; county of Albany; com- 
 mufed to four years, with the further deduction allowed by law 
 for good conduct in prison. Also, 
 
 MaySlst — William Carty, convicted December 24th, 1866, of rape; 
 term fifteen years and four months ; county of Albany ; commuted 
 to four years, with further deduction allowed by law for good con- 
 duct in prison. 
 
 Becommended by judge, district attorney, and many citizens. The 
 complainant was a public prostitute. George Scholan, convicted of 
 same offence, was pardoned December 24th, 1869, he having been 
 sentenced for a somewhat shorter term. 
 
 June 6th — Louis Koppel, convicted June 12th, 1867, of grand lar- 
 ceny ; term four years and six months ; county of New York ; 
 commuted to three years. 
 
 Granted on condition that prisoner shall return to his home in Ger- 
 many within five days after his liberation. The prisoner was a 
 young man, but a short time in the country. His character, here 
 and at home, had been very good. Becoming impoverished he com- 
 mitted this, his only crime. His pardon is strongly urged by those 
 
456 List of Pardons, etc., by Gov. Hoffman. 
 
 connected with the prison, on account of his exemplary conduct 
 there. 
 
 His parents in Germany are in a position to care for him and 
 secure him honorable employment, and they promise to do so. 
 
 June 10th — Patrick Kirley, convicted April 12th, 1867, of assault 
 with intent to kill ; term five years and two months ; county of 
 Steuben ; commuted to three years and eight months, with legal 
 deduction for good conduct. 
 
 Pardon recommended by district attorney and many citizens of 
 Steuben county. In view of the circumstances of the case and the 
 previous character of the prisoner, the sentence imposed seems ex- 
 cessive. 
 
 July 15th — Fergus MoSweeney, convicted August 7th, 1868, of 
 assault to harm ; term five years ; county of New York ; com- 
 muted to two years. 
 
 Kecommended by A. Beal, agent of the Prison Association. The 
 previous excellent character of the prisoner for industry, sobriety 
 and integrity is attested by many reputable citizens, in whose em- 
 ploy he had been. The assault was committed under great provoca- 
 tion, and two years is punishment enough for the ofience. 
 
 August 15th — Thomas Sheridan, convicted July 7th, 1870, of mur- 
 der ; sentenced to be hung August 19th, 1870 ; county of New 
 York ; commuted to imprisonment for life. 
 
 Kecommended by judge, district attorney and jury, on the ground 
 of mitigating circumstances. The special reason for commutation, 
 however, is that the jury state now, as they stated at the time sen- 
 tence was pronounced, that they rendered a verdict of guilty, with 
 a recommendation to mercy, with the distinct understanding and be- 
 lief that such a verdict would necessarily prevent the execution of 
 the prisoner. 
 
 August 18th — Charles Roberts, convicted October 14th, 1867, of 
 burglary, third degree ; term four years and six months ; county 
 of New York j commuted to three years. 
 
 At the request of Abraham Beal, agent of the Prison Association, 
 this commutation is granted on account of the strong mitigating cir- 
 cumstances of the case. 
 
 September 19th — Sarah Wood and Sarah Weeks, convicted Octo- 
 ber 4th, 1866, of arson ; term seven years ; county of Dutchess j 
 commuted to four years. 
 
List of Pardons, etc., by Gov. Hoffman. 457 
 
 Kecommended by judge, prosecuting attorney, complainant, and 
 many citizens, who state that the prisoners were very young and 
 inexperienced, and that they were led into this crime by more guilty 
 persons. They are both now in very ill health, and much longer 
 imprisonment would endanger their lives. They will be properly 
 cared for on their release. 
 
 October 10th. — John Kernback, convicted July 1st, 1869, of 
 burglary ; term three years ; county of Erie ; commuted to one 
 year and six months, with legal deduction for good concuot. 
 
 Becommended by district attorhey, also by Hon. S. Scheu, Hon. 
 G-. J. Bamler, Michael Lang, and many other leading citizens of 
 Buffalo. The prisoner, whose previous good character is proved, 
 entered, while . intoxicated, a saloon where he had lately been em- 
 ployed, and appropriated liquor and segars to the value of two dol- 
 lars. His health is now, as shown by prison report, very poor. 
 The sentence was too severe for the offense committed. 
 
 November 10th. — Hattie Francis, convicted December, 1869, of 
 keeping a disorderly house ; term one year in county jail and 
 $200 fine ; county of Saratoga ; commuted to immediate discharge 
 on payment of fine. 
 
 One month is deducted from sentence in this case on recommenda- 
 tion of the judge, district attorney, and many leading citizens of 
 Bensselaer and Saratoga counties. Had she been sent to a State 
 prison or penitentiary she would have, under the law, earned this 
 time by good conduct. 
 
 November 10th. — George Carey, convicted April 8th, 1870, of 
 murder ; sentenced to be hung November 25th, 1870 ; county of 
 Onondaga ; commuted to imprisonment for life. 
 G-ranted on recommendation of judge and district attorney. Dr. 
 
 Gray of the State lunatic asylum, after an examination of the pri- 
 ' soner, says : " I do not think he has the mental ability to realize or 
 
 comprehend the nature or responsibility of his crime." 
 
 November 11th. — James Herring, convicted December 16th, 1867, 
 of rape ; term five years and six months ; county of Orange ; com- 
 muted to three years. 
 
 Becommended by the judge, district attorney, and many re- 
 spectable citizens. An examination of all the facts, shows this to 
 be a proper case for commutation, 
 58 
 
458 List of Pardons, etc, by Gov. HofJ'man. 
 
 November 16tli — Michael Drumgool, convicted March 22d, 1869, 
 of rape ; term fifteen years and three months ; county of Seneca. 
 Also, 
 
 November 16th — ^Andrew Saxton, convicted March 32d, 1869, of 
 rape ; term ten years and three months ; county of Seneca ; com- 
 muted to two years. 
 
 Becommended by the judge, district attorney, and many leading 
 citizens. Facts which have come to light since the trial, greatly 
 change the nature of the ofience. The judge says, that had he 
 known these facts at the time of trial, his sentence would have been 
 different. 
 
 November 16th —Daniel Burdick, convicted October 14th, 1870, 
 of murder ; sentenced to be hung November 25th, 1870 ; county 
 of Cattaraugus ; commuted to imprisonment for life. 
 The jury, who deliberated several hours (and several of whom, it 
 appears, were for some time in favor of a verdict of guilty of man- 
 slaughter), recommended the prisoner to mercy. The attorney-gen- 
 eral, who conducted the case for the people, and the district attorney 
 also join in the recommendation. A careful examination of the 
 case shows that the recommendation of the jury should be heeded, 
 and the prisoner's life spared. 
 
 Pecember 3d — George H. Peterson (colored), convicted June' 26th, 
 1868, of assault with a deadly weapon ; term, five years; county 
 of New York ; commuted to two years and six months. 
 
 The prisoner has consumption, and the confinement is hastening 
 his death. On an examination of the case, the punishment imposed 
 seems, in view of all the circumstances, to have been excessive. 
 
 December 7th — William S. Young, convicted August 10th, 1865, 
 
 of robbery, first degree; term fifteen years; county of Livingston. 
 
 Also, 
 December 17th — Charles Capron, convicted August 10th, 1865, of 
 
 robbery, first degree ; term fifteen years ; county of Livingston ; 
 
 commuted to seven years and six months, with legal deduction for 
 
 good conduct. 
 
 Young, with three others, was convicted of robbery, the particu- 
 lars of which he afterwards confessed. They all (as well as Capron , 
 who was convicted as accessory) received a sentence of fifteen years. 
 The facts disclosed show clearly that discrimination should have 
 
List of Pakdons, etc., by Gov. Hoffman. 459 
 
 been made. Judge T. A. Jolinson, who imposed the sentence, and 
 the district attorney, advise executive clemency in both cases. The 
 complainant also asks for Young's pardon. 
 
 December 17th — Owen Hand, convicted October 18th, 1869, of 
 murder (appealed and conviction affirmed) ; sentenced to be hung 
 February 3d, 1871 ; county of Kings ; commuted to imprison- 
 ment for life. 
 
 Granted on the recommendation of the judges of the Court of 
 Appeals, who certify to the Grovernor, through the chief judge, that, 
 although the verdict was warranted by the evidence, and no error in 
 law appears on the record, yet the case belongs to that class of homi- 
 cides in which a reasonable doubt may be properly indulged as to 
 the felonious intention to kill, which is indispensable to constitute 
 the crime of murder in the first degree. After this expression of 
 opinion, from such a source, the Governor did not feel justified in 
 allowing the prisoner's life to be taken. 
 
 Beprieve. 
 
 December 15th — Walter Graham, convicted October 27th, 1870, 
 of murder ; sentenced to be hung December 21st, 1870 j county 
 of Wayne ; respited until January 18th, 1871. 
 Granted to enable prisoner to have his case reviewed on a writ of 
 
 error. 
 
STATEMEN"T OP PARDONS AND COMMUTATIONS 
 OF PUNISHMENT GRANTED Bl THE GOV- 
 ERNOR DURING THE YEAR 1871. 
 
 Pardons — State Prison. 
 
 January 9th, 1871 — Julian Lefleure, convicted July 28, 1870, of 
 grand larceny ; term two years ; county of Albany. 
 
 The prisoner took from the pocket-book of a man who was sleep- 
 ing in the room with him, two fifty dollar bills, leaving six other 
 bills in the book. He evidently mistook the bills which he abstrac- 
 ted for five dollar bills, and intended to take no greater amount. He 
 was an industrious man, of previous good character, a stone-cutter 
 by trade, out of work, a long distance from home, and destitute. 
 The prison officials speak of him in high terms, and unite in recom- 
 mending pardon. 
 
 January 25th — Cornelius McNally, convicted September 27, 1869, 
 of assault with deadly weapon ; term seven years ; county of New 
 York. 
 
 Granted on application of the district attorney. 
 
 It has transpired since the trial, that the two most important wit- 
 nesses for the people testified under false names, and committed per- 
 jury. The assistant district attorney, who prosecuted the case, says 
 the conviction was clearly wrong. 
 
 February 14th — Squire E. Cole, convicted December 17, 1868, of 
 grand larceny ; term two years and six months ; county of Lewis. 
 Recommended by the present and the late district attorney of 
 Lewis county, and by many citizens. Previous good character is 
 shown. The amount of property taken was small, and the prisoner 
 has served out all his sentence but one month. His pardon is now 
 asked by the district attorney that he may be used as a witness in an 
 important criminal trial. 
 
 March 7th — Thomas S. Cassidy, convicted April 3, 1868, of grand 
 
 larceny ; term five years ; county of Kings. 
 
 The prisoner's previous character and associations had been good. 
 He was a stranger in the city in which he was convicted, and the 
 
List of Pardons, etc., by Gov. Hoffman. 461 
 
 court knew nothing of his past life. He was sentenced for the 
 longest term allowed by law. He has served nearly three years, 
 during most of which time he has been sick in the hospital. Imme- 
 diate employment is promised for him out of the State l^y his friends. 
 
 March 23d — David D. Thomas, convicted December 20, 1870, of 
 grand larceny ; term one year ; county of New York. 
 
 Recommended by the district attorney and many reputable citi- 
 zens. Prisoner is sick with consumption. The district attorney 
 and the magistrate before whom the preliminary examination was 
 held both believe now that his guilt is doubtful. 
 
 May 2d — John Barry, convicted May 8, 1866 ; of burglary, first 
 degree ; term seven years and four months ; county of Monroe. 
 
 The prisoner was very young at the time of his conviction, and, 
 it is alleged, gives evidence of thorough reformation. He has served 
 (allowing for good conduct) all his term but one year. His associate, 
 who seems to have been equally guilty, was pardoned three years 
 ago by Governor Fenton. 
 
 Mdy 3d — Edward Nolan, convicted January 19,^1866, of burglary; 
 term twenty years ; county of New York. 
 
 Upon an examination of the evidence, it is very clear that the 
 sentence in this case was excessive. The crime was hardly more 
 than an attempt at grand larceny by prisoner while intoxicated. 
 His conduct while in prison has been good, and he has been confined 
 over five years. 
 
 May 3d — James McDevitt, convicted December 23, 1869, of bur- 
 glary, third degree ; term two years ai^d three months ; county of 
 Broome. 
 
 Granted on recommendation of the district attorney, who states 
 that he has grave doubts of the prisoner's guilt. 
 
 May 13th — Edward Jacobs, convicted March 7, 1870, of grand 
 larceny ; term three years ; county of New york. 
 
 Granted on application of Hon. J. R. Fellows, assistant district 
 attorney, who prosecuted the case, and who now says : " Circum- 
 stances developed since the trial seem to demonstrate that Jacobs 
 was not guilty of the larceny." 
 
 May 24th — Thomas Brennan, convicted March 1, 1870, of robbery ; 
 term six years and four months ; county of Queens. 
 
462 List of Pabeons, etc., by Gov. Hoffman. 
 
 Kecommended by judge and district attorney, by the county 
 officers of Queens county, the village officers of Flushing, Hon. E. 
 B. Eoosevelt, E. A. Lawrence, Eev. James O'Beirne, Eev. J. C. 
 Smith, and many other citizens. The previous good character of 
 the prisoner is fully shown. Usually temperate and industrious, he 
 committed the offence while intoxicated. The judge and district 
 attorney strongly urged a pardon. 
 
 June 2d — James Willis, convicted February 2d, 1869, of rape ; 
 
 term seven years and six months ; county of Rings. 
 
 Eecommended by Judge Chumasero, Hon. Henry L. Fish and 
 many other citizens of Eochester, the home of Willis. Develop- 
 ments since the trial make it clear that a conviction of rape should 
 not have been had. The prisoner, whose previous character was 
 good, was convicted upon the unsupported testimony of a woman of 
 bad repute, whose real character was not known to court or district 
 attorney at time of trial. 
 
 June 2d — Charles A. Gay, convicted June 23d, 1865, of robbery, 
 first degree; term ten years ; county of New York. 
 
 Tried before Eecorder Hoffman. The Governor has a distinct 
 recollection of the case, and after a recent personal interview with 
 the convict at the prison, concludes it right to remit the residue of 
 the sentence. The district attorney and many others recommend a 
 pardon. The prisoner's family are about to remove to the far west, 
 and will take him with them and care for him. 
 
 June 5th — Henry Bargy, convicted January 28th, 1868, of bur- 
 glary and grand larceny ; term three years and six months ; county 
 of Jefferson. 
 
 Strongly recommended by Lieut.-Governor Beach and many other 
 citizens of Jefferson county. It seems to be the almost unanimous 
 opinion of the bar in that county, that the conviction was improper. 
 The judge who presided at the trial says, " thQre was, in my judg- 
 ment, grave doubt as to the guilt of the prisoner." 
 
 June 5th — Nathaniel Grundy, convicted October 17th, 1863, of 
 robbery; term fifteen years ; county of Eensselaer. 
 
 The prison physician reports that the convict has a cancer in his 
 stomach and cannot live long, for which reason he recommends a 
 pardon J. H. Colby, who was district attorney at time of convic- 
 tion, says, under date of August 24th, 1868, " he has been more 
 
List of Pardons, etc., bt Gov. Hoffman. 463 
 
 than sufficiently punished for the offence whereof he was sentenced." 
 The prisoner has a sister who is able and willing to take care of him. 
 
 June 12th — Peter La Beau, convicted February 2lBt, 1865, of ad- 
 ministering poison to kill J term ten years and two months; county' 
 of St. Lawrence. 
 
 Beeomm^iided by Jtidge James, who presided at the tria,l, and by 
 many members of the bar of St. Lawrence county. The judge states 
 that he had, at the time of trial, '' greett doubt of the prisoner's guilt, 
 and since then, this doubt has been strengthened." 
 
 June 13th — Lucio Audretti, convicted December 7th, 1870, of as- 
 sault with deadly weapon ; term one year and six months ; county 
 of New York ; on condition that he be at once removed to an asy- 
 lum for the insane. 
 
 The prisoner is now, and probably was at the time the offense was 
 cdmmitted, insane. 
 
 June 15th — Abner Hall, convicted Sept^mher 17, 1867, of rape j 
 term twenty years ; county of Saratoga. 
 
 The prisoner is at the point of death, with consumption, and a 
 pardon is granted to allow his sister to take him home to die. 
 
 June 17th — Michael Quirk, convicted December 19, 1868, of bur- 
 glary and larceny; term four years and six months; county of 
 Cayuga. 
 
 Becommended by judge and district attorney, who say that, con- 
 sidering all the circumstances of the case, they think the sentence 
 was too severe. Gen. McDougall, of Auburn, under whose command 
 the prisoner served four years during the late war, speaks well of 
 him, and recommends his pardon, and agrees that Quirk shall be 
 sent West, where he will be furnished with employment. 
 
 June 23d — Patrick Donahue, convicted July 6, 1870, of robbeiry ; 
 term five years ; county of Herkimer. 
 
 Strongly recommended by the judge, and by the late district 
 attorney, who conducted the prosecution. They state that grave 
 doubts exist of the prisoner's guilt. 
 
 July 10th — Edward T. Smith, convicted November 21, 1870, of 
 burglary, third degree, aiid petit larceny ; term one year ; county 
 of KenSselaer. 
 
464 List op Pardons, etc., by Gov. Hoffman. 
 
 Kecommended by judge and district attorney. The prison physi- 
 cian reports that the convict is in a dying condition. His mother 
 ■oleads for pardon, that he may go home to die. 
 
 July 14th — William Michael, convicted June 12, 1863, of burglary; 
 
 term fifteen years ; coiinty of Rensselaer. 
 
 Recommended by the district attorney who prosecuted the pri- 
 soner, by F. B. Hubbell, and many other leading citizens of Troy ; 
 by all the prison officers, and many others. Michael's co-defendant, 
 equally guilty with him, and older, was pardoned, after serving less 
 than two years, by Governor Seymour. Michael has now served 
 more than eight years, and gives good evidence of a thorough refor- 
 mation. He was only seventeen years of age when sentenced. 
 
 July 14th — George Van De Bogart, convicted November 26, 1870, 
 of bigamy ; term two years ; county of Schenectady. 
 
 Recommended by judge and district attorney. The judge (Rose- 
 krans) says that, at the time of trial, he had doubts whether convic- 
 tion was proper, and that, in view of facts which have come to his 
 knowledge since, his doubts are strengthened. He says : " I have 
 concluded to do what I think I have never done before, in any case, 
 and that is to say I think justice will be done by granting a par- 
 don." 
 
 July 4th — James MoGuire, convicted November 15, 1865, of arson, 
 third degree ; term seven years ; county of Monroe. 
 
 Term expires in one month, deduction for good conduct having 
 been earned. Pardon recommended by judge and prosecuting dis- 
 trict attorney. The judge says: " From developments made since 
 the trial, some doubts have been thrown upon his guilt. I think he 
 is a fit subject for executive clemency." 
 
 July 14th — Edward Ducray, convicted January 22, 1868, of bur- 
 glary, second degree ; term eight years ; county of New York. 
 On application and urgent recommendation of ex-Judge N. B. 
 Morse, of Kings county, who certifies to good conduct of prisoner. 
 The evidence of guilt was very slight, and Judge Russell, who im- 
 posed the sentence, says that from circumstances which came to his 
 knowledge after the trial, he believed prisoner was wrongfully con- 
 victed. 
 
 August 1st — Henry Koch, convicted May 27, 1869, of manslaugh- 
 ter, third degree ; term four years ; county of Chautauqua. 
 
List ob Pardons, etc., by Gov. Hoffman. 465 
 
 Granted on application of jurors and many citizens of Dunkirk. 
 The^distriot attorney says that Koch had always been a quiet, 
 peaceable man, of whom no one had known any harm, whilCjthe 
 party killed was at least equally in fault with prisoner, and had long 
 been the terror of all good citizens. 
 
 August IstJ— Eicbard White, convicted December 23,1868, of 
 robbery ; term five years and four months ; county of Broome. 
 Pardon asked for by the county judge, district attorney, sheriff, 
 chief of police, and many prominent citizens of Binghamton. The 
 district attorney says he thinks that prisoner was guilty of only 
 petit larceny, if anything, and that the judge who presided at the 
 trial (since dead) believed him innocent of all crime. 
 
 August 2d — Michael Welch, convicted May 27th, 1865, of grand 
 larceny and burglary, third degree ; term ten years ; county of 
 Onondaga. 
 
 On personal application of Dr. Button, late physician to the pri- 
 son, and recommended by judge and district attorney, who say that 
 the sentence was too severe, and that the two associates of Welch, 
 equally guilty, received but five years sentence. The prisoner has 
 now served more than six years. 
 
 August 25th — Harvey Palmer, convicted March 20th, 1869, of 
 burglary and grand larceny ; term three years and one month ; 
 county of Oneida. 
 
 On application of judge, district attorney and complainant. The 
 district attorney wishes to use the prisoner as a witness in an impor- 
 tant criminal case. He has served more than half his term. 
 
 August 25th — Albert Butterfield, convicted June 15th, 1868, of 
 robbery ; term ten years ; county of Ontario. 
 
 Twice tried. First trial, jury failed to agree. On second trial 
 he was convicted and recommended to the mercy of the court. Par- 
 don is now recommended by district attorney, sheriff, Hon. Charles 
 J. Polger of the Court of Appeals (who thinks the sentence was ex- 
 cessive), by W. W. Wright, W. H. Lamport, Hon. George W. 
 Nicholas, by all the town and village authorities in Geneva, and 
 many other citizens of Ontario county. 
 
 August 29th — Robert Birdsall, convicted January 12th, 1871, of 
 burglary, third degree ; term two years and six months ; county 
 
 of Otsego. 
 
 59 
 
466 List of Paedoks, btc;, by Gov. Hoffman. 
 
 Granted in consideration of prisoner's extreme youth and on ap- 
 plication of judge, district attorney, complainant, and many other 
 respectable citi?ens of Otsego county. Birdsall's previous character 
 is ^]^ow^ to have been excellent, and he was 1^4 i"tiO t'^^^, l^is first 
 offence, by evil associates. 
 
 August 30th — Thomas Coleman, convicted October 7th, 1868, of 
 
 robbery ; term five years ; county of Erie. 
 
 Becommended by the district attorney, and by Abraham Beal, 
 agent of Prison Association. The oflfence was hardly more than petit 
 larceny, and the punishment has been severe. 
 
 September 10th — Charles D. Valton, convicted December 19th, 
 1867, of grand larceny; term five years; county of Kings. 
 
 On condition that he leave the country within five days, not to 
 return within one year. 
 
 Grranted on recommendation of Judge Dikeman, who imposed the 
 sentence, and of Abraham Beal, S. S. Powell, Hon. Eichard Schell, 
 and many others. 
 
 The prisoner's health is rapidly failing. (His sister took him to 
 Cuba immediately after his release ) 
 
 October 3d — Leonard Munn, alias De Mond, convicted January 
 26, 1869, of rape ; term seven years and six months ; county of 
 Dutchess. 
 
 Colored man. Granted on application of judge and district attor- 
 ney, who state that they are satisfied now that the complainant, the 
 sole witness, was utterly untrustworthy, and that the prisoner should 
 not have been convicted. 
 
 October 10th — Michael Isaacs, convicted April 26th, 1870, of rape ; 
 term ten years ; county of Suffolk. Also, 
 
 October 10th — Isaac Goldstone, or Goldstein, convicted April 26th, 
 1870, of rape; county of Suffolk. 
 
 Recommended by judge, district attorney, and many others. At 
 the time of the trial complainant was supposed to be (and represented 
 herself to be) a person of good character. It has since transpired 
 that she had served a term of imprisonment for a felony ; that her 
 character was very bad, and that she is unworthy of belief. The 
 judge and district attorney say that if these facts had been known 
 at the time of trial, the prisoners would have been acquitted. 
 
List of Pardons, etc., by Gov. Hoffman. 467 
 
 October 10th — William H. Harrison, convicted June 10th, 1870, 
 of grand larceny j term one year ; county of Montgomery. 
 
 The prisoner pleaded guilty, and was used as, a witness for the 
 people against another criminal, under promise of the district attor- 
 ney (concurred in by the judge), that he should not be imprisoned, 
 and that they would apply for pardon. To that end he was, on this 
 day (October 10th), 1871, sentenced pro /orwia, and the judge and 
 district attorney unite in asking a pardon. 
 
 October 11th — Josiah H. Hulse, convicted March 24th, 1870, of 
 robbery, first degree ; term five years ; county of Sufiblk. 
 
 Recommended by judge, district attorney, Hon. Henry A. Reeves, 
 and many other citizens. There seems to be reasonable doubt of 
 guilt. The eompMinant, and sole witness for the people, was a man 
 of bad character, while the prisoiler's character had been good. ' 
 
 October 18th — Thomas C. Williams, convicted April 5th, 1871, of 
 grand larceny ; term five years ; county of New York. 
 
 This case was brought to the personal attention of the Governor 
 by the prison officers on his annual visit to the prison. The prisoner 
 is without friends in this part of the country. A careful examina- 
 tion of the facts and a report from the police authorities, satisfy the 
 Grovernor that he is not guilty. 
 
 October 24lh — August Mettle, convicted April llth, 1871, of 
 assault to harm ; term four years ; county of New York. 
 
 It appears, upon careful examination, that the prisoner was vio- 
 lently assaulted and in defending himself, inflicted a slight flesh 
 wound upon the aggressor with his pocket knife. The use of his 
 knife was perhaps not justifiable, but the case did not call for severe 
 punishment. 
 
 October 31 — John J. Underwood, convicted May 12th, 1870, of 
 burglary, third degree ; term three years ; county of New York. 
 
 The prisoner is ill with consumption and has but a short tinje 
 to live. His friends desire that he should die outside of prison 
 walls. The Sisters of Mercy offer to care for him in their hospital 
 in New York. 
 
 November 2d — Hugh Courtney, convicted November 26, 1867, of 
 rape; term twenty years; county of New York. 
 
 Personal examination was made in this case by the Governor, on 
 his annual visit to the prison. All the prison officers speak in favor- 
 
468 List op Pardons, etc., by Gov. Hoffman. 
 
 able terms of the convict, and say that he is one of the best men 
 under their charge. He has a destitute family, which he could, if 
 at liberty, comfortably support. The complainant unites with the 
 prisoner's wife in the application for pardon. 
 
 November 9th — Benjamin Teachout, convicted September 15, 
 
 1869, of murder; sentenced to be hanged December 24, 1869; 
 
 commuted to imprisonment for life, December 14, 1869 ; county 
 
 of Wyoming. 
 
 Teachout, charged with poisoning his wife, was convicted of mur- 
 der, and sentenced to death. While under sentence, new evidence 
 was discovered in his behalf The presiding judge, Hon. Noah 
 Davis, wrote to the Governor at that time that " he felt bound to say 
 that the new facts elicted would, if they had been proved upon the 
 trial; have had an important bearing on the issue, and that a motion 
 for a new trial, on the ground of newly discovered evidence, would 
 have been granted, if the court had possessed that power ; that evi- 
 dence, if brought before the jury, might have thrown into the case 
 such doubts as to the guilt of the accused as to have resulted in ac- 
 quittal." The sentence was therefore commuted to imprisonment 
 for life, to enable a more thorough examination of the case to be 
 made. Since the commutation, the prisoner has become very feeble, 
 and his mind so much impaired as to render it advisable to confine 
 him in the asylum for insane convicts. The physician to the asylum 
 reports that he is now better, and his daughter and son-in-law ask 
 to be allowed to take him to their hoi]|e, in Michigan. 
 
 November 9th — John Moran, convicted September 7, 1869, of 
 forgery and uttering a false note ; term five years ; county of Lewis. 
 
 The prisoner forged and passed a note for forty dollars. He has, 
 by overwork in the prison, earned that amount, and repaid the de- 
 frauded party, with interest. He seems very penitent, and his con- 
 duct in prison is reported to have been excellent. The judge and 
 a large number of reputable citizens petition for his pardon. 
 
 November 9th — James Lynn, convicted October 16, 1869, of rob- 
 bery ; term five years ; county of Erie. 
 
 Kecommended by the sheriff and county clerk of Erie county ; 
 also by Hon. A. P. Nichols, Hon. William Williams, and many 
 other citizens. The foreman and most of the members of the jury 
 which convicted him also urge a pardon. It was a first offence, and 
 previous good character was shown. 
 
List op Pardons, etc., by G-ov, Hoffman. 469 
 
 November 9th — Thomas Bates, convicted January 27, 1871, of 
 seduction under promise of marriage ; term two years and six 
 months ; county of Oswego. 
 
 After a careful examination it seems clear that the conviction''wae 
 erroneous. 
 
 November 21st — Thomas W. Moore, convicted November 14th, 
 1870, of robbery, first degree ; term twelve years and six months ; 
 county of New York. , 
 
 Kecommended by Governor Jewell, ex-Governor English and 
 many citizens of Connecticut. The prisoner was convicted on the 
 unsupported testimony of the complainant. His previous character 
 is shown to have been very good. He was a stranger in New York, 
 and had no one at the trial to testify as to his character. The mem- 
 bers of the jury which convicted him say that if the proof of good 
 character, which is now submitted, had been brought before them, 
 the result would have been different. ' They urge a pardon. 
 
 November 21st — William Dunne, convicted March 30th, 1869, of 
 attempt to rob ; term four years and seven months ; county of 
 Kings. 
 
 Kecommended by judge and district attorney, and by many citi- 
 zens of Kings county. The district attorney says that, if facts which 
 have transpired since the trial had been known at that time, the 
 prisoner could only have been convicted, if at all, of a simple assault. 
 Previous good character is shown. 
 
 December 2d — Philip Vigilious, convicted February 6, 1869, of 
 arson, second degree ; term seven years and six months ; county 
 of Kings. 
 
 Proofs of identity and motive are so slight in this case that the 
 conviction seems likely to have been erronous. This view is con- 
 curred in by the district attorney and by Hon. Henry A. Moore, 
 who assisted in the prosecution. They, together with a large num- 
 ber of the citizens of Brooklyn, recommend a pardon. 
 
 December 4th — Benjamin Pennell, convicted March 17th, 1870, of 
 
 larceny from the person ; term three years ; county of Broome. 
 
 Kecommended by the district attorney, who states that there is 
 
 some doubt of the prisoner's guilt, and that he was always before 
 
 considered an honest man, and that he has a dependent family. The 
 
470 List of Pardons, etc, by Gov* Hoffman^ 
 
 value df the property taken was about fifteen dollars. Thei eonviet 
 has already been more than twenty months in prison. 
 
 December 12th — John Latham, convicted November 26, 1869, of 
 assault to kill ; term four years ; county of Oneida. 
 Strongly recommended by Judge Bacon, who presided at the trial, 
 
 by Hon. Francis Kernan, and many other citizens of TJtica. The 
 
 prisoner's equally guilty comrades escaped with the short sentences 
 
 of eight and nine months in the penitentiary. 
 
 December 13th — Michael Fernandez, convicted July 1, 1869, of 
 
 assault to kill ; term ten years ; county of Kings. On condition 
 
 that he leave the country within five days, not to return within 
 
 one year. ' 
 
 Becommended by judge and all the jurors; also by R. W.Cameron. 
 
 W. B. Duncan, Lewis Benjamin, and many other citizens of New 
 
 York. From' the evidence it appears that the prisoner was not the 
 
 attacking party in the altercation, and, in view of all the facts, the 
 
 sentence seems excessive. An uncle of the convict, living in 
 
 Australia, has forwarded passage money for him, and agrees to adopt 
 
 him and care for him there. 
 
 December 15th — Gilbert H. Vanhouten, convicted April 24, 1871, 
 of perjury ; term five years ; county of Chemung. 
 
 Becommended by judge, district attorney, John Murdook, J. B. 
 White and many citizens of Chemung county. Prisoner is seventy- 
 three years old and a cripple. The physician to the prison reports 
 him insane for the past month. Pardon is granted to enable his 
 relations to give him proper care. 
 
 Fardons — County Jail and Pmitmtiary. 
 
 January 9th, 1871 — Catherine Daly, convicted September 13, 
 1870, of assault to do bodily harm j term one year ; county of 
 Kings. 
 
 Recommended by judge, district attorney, jurors and complainant. 
 The prisoDier, during an altercation between her husband and the 
 
liisT OF Papdons, etc., bt Gov. Hoffman. 471 
 
 complainant, in a moment of expitement, seized a knife which was 
 lying near, and inflicted a slight wound. Her previous character 
 was good. She has three small children at home, who need her 
 care. 
 
 January 27th r-r Charles O'Keilly, convicted December 21,1870, 
 qf assault and battery ; term six months ; county of New York, 
 
 Kecommended by judge, complainant, and others; also by super- 
 intendent and physician of the penitentiary, who state that the pri- 
 soner hag incipient consumption, and that it would endanger his 
 life to serve out the sentence. Previous character is shown to have 
 been good. 
 
 January 28th — John Richter, convicted May 19, 1870, of assault 
 and battery ; term one year ; county of Kings. 
 
 Kecommended by judge and district attorney. The judge says 
 both parties were equally to bl^ime at the beginning of the quarrel, 
 and that but little injury was inflicted by prisoner. The punish- 
 ment already sufliered seems ample for the oficnce committed. The 
 prisoner has a large family of children depending upon him for sup- 
 port, who are now, by reason of his imprisonment, entirely destitute. 
 
 March 1st — Charles Eobinson, convicted February 25, 1871, of 
 larceny J term three months ; county of Schoharie. 
 
 Pardon applied for by committing magistrate and complainant. 
 Jt is clearly shown that the conviction was erroneous. 
 
 March 4th — John Lawlor, convicted October 28th, 1870, of assault 
 and battery ; term one year ; county of Kings. 
 
 It clearly appears from the statement of judge and district attorney 
 that the assaiflt was committed under great provocation, and, although 
 not legally justifiable, did not call for severe punishment. The pri- 
 soner is an old man of excellent character, and his pardon is asked 
 for by the district attorney and several respectable ciji^ens, 
 
 March 13d — John McDonald, convicted September 13, 1870, of 
 petit larceny (two ofiiences) ; term one year ; county of Albany. 
 
 Recommended by committing magistrate and many reputable citi- 
 zens. The prisoner, whose previous good character is fully estab- 
 lished, became intoxicated, and took two saws, belonging to different 
 workmen in the same shop in which he worked. The magistrate 
 
472 List of Pakdons, etc. , by Gov. Hoffman. 
 
 says he is satisfied he imposed too long a sentence. He recommenda 
 an immediate pardon. Employitaent is oflfered McDonald at once. 
 
 April 1st — John McCarthy, convicted January 2, 1871, of assault 
 and battery ; term six months ; county of Onondaga. 
 
 Recommended by justice, complainant, and citizens ; also by the 
 superintendent of the penitentiary, who certifies that the prisoner is 
 very ill with consumption, and has but a few days to live. His wife 
 desires that he should be brought home to die. 
 
 April 4th — John J. Heroy, convicted April 20th, 1870, of burglary, 
 third degree ; term one year and five months j county of Duchess. 
 Recommended by judge, district attorney and many citizens, in 
 consideration of the youth and previous good character of the pri- 
 soner, who has now served all his term but four months. 
 
 April 25th — David Meyer, convicted April 6th, 1871, of assault 
 and battery ; term three months ; county of Erie. 
 
 Recommended by justice who imposed the sentence and by many 
 other citizens. The justice says if he had been aware of all the 
 circumstances, that he would only have fined the prisoner. 
 
 April 28th — Frank Kerston, convicted September 20th, 1869, of 
 forgery, third degree ; term four years, eleven months and twenty- 
 nine days ; county of Kings. 
 
 Pardon applied for by Judge Troy, who imposed the sentence, 
 and recommended by Dr. Neallis, and many others. The prisoner 
 is quite young and very ill with consumption. His parents are able 
 and willing to care for him. ' 
 
 May 2d — Conrad Lambley, convicted April 11th, 1871, of assault 
 to rob ; term six months ; county of New York. 
 
 Recommended by the district attorney and many other citizens. 
 An examination of the evidence satisfies me that he should not have 
 been convicted. 
 
 May 2d. — William Kennedy, convicted July 2d, 1869, of assault 
 to rape ; term four years eleven months and twenty-nine days ; 
 county of Kings. 
 
 Recommended by judge and district attorney, who say that they 
 have great doubt of- prisoner's guilt. Previous good character is 
 shown. 
 
List of Pardons, etc., by Gov. Hoffman. 4T8 
 
 May 3d — Edward Egnor, convicted February 24th, 1871, of petit 
 Iftroeay j term one hundred and twenty days ; county of Wayne. 
 
 Beeommended by the justice, complainant and many citizens of 
 Wayne county, including Hon. A. S. Wood, B. S. Booth and others. 
 The justice states that circumstances, arising since the conviction, 
 satisfy him that a pardon should be granted. Good character is 
 established. 
 
 May 3d — Alfred J. Willis and Robert Nicholson, convicted Feb- 
 ruary 26th, 1870, of burglary, first degree ; term five years and 
 one month ; county of Oswego. 
 
 Recommended by the district attorney and the coiuidainant, also 
 by the sheriff, county clerk and other county officers, by the Mayor 
 of Oswego, by Hon. D. C. Littlejohn, D. G. Fort, Delos De Wolf, 
 and many other citizens. The prisoners are both boys, and the bur- 
 glary consisted in entering the house of the uncle of one of them. 
 Their youth and previous good character are mainly urged as reasons 
 why pardon should issue. 
 
 May 25th — Charles N. Parsons, convicted May 22d, 1870, of 
 bigamy ; term two years ; county of Albany. 
 
 Granted on condition that he shall at once leave the State, and not 
 return within two years. The prisoner is of weak mind, and is 
 seriously ill. He is very young, and has always, heretofore, borne a 
 good character. He has served half his term. His friends agree to 
 place him on a farm in the west, and to care for him. 
 
 June 1st — James Quinlan, convicted May 9th, 1871, of assault and 
 battery ; term six months ; county of Richmond. 
 
 Recommended by the committing magistrate and district attorney 
 on the ground that facts, ascertained since the trial, show the punish- 
 ment to have been excessive. The prisoner is in poor health. 
 
 June 16th — Barney Mac, convicted April 29th, 1871, of assault 
 and battery ; term six months ; county of Onond^a. 
 
 Pardon applied! for by the poliee justice' who imposed the sen- 
 tence. He states that he is now satisfied that the prisoner is inno- 
 cent. 
 
 June 2:6th — John Hauser, convicted June 3d, 1871, of assault and 
 battery ; term ninety days ; county of Monroe. 
 60 
 
474 List of Pardons, etc., by Gov. Hoffman. 
 
 Recommended by the committing magistrate, who says if he had 
 known all the facts which have since come to light, the sentence 
 would not have been imposed. Complainant also recommends a par- 
 don. 
 
 July 10th — Thomas Howard, convicted May 24,1871, of petit lar- 
 ceny ; term three months ; county of Cattaraugus. 
 
 Recommended by justice and district attorney. The prisoner is 
 but nine years old, and should never have been sent to the county 
 jail. 
 
 July 26th — CJiristopher Weatherwax and Charles Sager, convicted 
 January, 1871, of assault ; term one year; county of Schenectady. 
 
 Recommended by judge, district attorney, county officers, and 
 members of the bar of Schenectady county. The judge says he is 
 satisfied the sentence was too severe. 
 
 August 30th — Mary Moisey, convicted May 31, 1871, of vagrancy ; 
 term six months ; cotinty of Albany. 
 
 Prisoner is a woman of general good character, and the wife of a 
 respectable laborer and mother of several children. She was found 
 intoxicated (it is claimed drugged) in the street, and sentenced for 
 vagrancy. Her neighbors ask for her discharge, and the commit- 
 ting magistrate concurs. 
 
 August 30th — Henry Priddy, convicted January 18, 1871, of bur- 
 glary, third degree, and petit larceny j term one year ; county of 
 Kings. 
 
 Recommended by Abraham Beal, agent of the Prison Association, 
 after a personal investigation, and by the judge and district attorney. 
 It seems clear that there was no felonious intent. 
 
 September 9th — Thomas Cassidy, convicted June, 1871, of breaking 
 jail ; term six months ; county of Ulster. 
 
 G-ranted on application of judge, district attorney, sheriff, and 
 other county officers. The punishment already suffered has been 
 sufficient. 
 
 September 12th — John Nurtney, convicted February 9, 1871, of 
 larceny from the person j term one year and six months ; county 
 of Albany. Also, 
 
List op Pardons, etc., by Gov. Hoffman. 476 
 
 September 12tli — Barney Vanderhoof, convicted February 9, 1871, 
 of larceny from the person ; term one year ; county of Albany. 
 
 Recommended by judge and district attorney, who say that a 
 conviction for simple petit larceny would have been more in accord- 
 ance with the facts of the case. Both prisoners have heretofore 
 borne a good character. They have been confined more than seven 
 months. 
 
 October 16th — William P. Kennedy, convicted October 6, 1869, 
 of assault to harm; term four years eleven months and twenty- 
 nine days ; county of Kings. 
 
 Recommended by district attorney, by Hon. Thomas Kinsella and 
 by many other citizens. No motive was alleged for the assault, and 
 the complainant, who waB sole witness, was afterward shown to be a 
 bad character and was imprisoned for a felony. The prisoner, on 
 the other hand, as stated by the district attorney, was an indus- 
 trious man and bore a good character. The district attorney says, 
 " I am clearly of the opinion that Kennedy should be pardoned." 
 
 October 25th — George Crandall, convicted March 18th, 1870, of 
 arson, fourth degree ; term two years and three months ; county 
 of Seneca. 
 
 The physician to the penitentiary reports that the prisoner, a boy 
 of seventeen years, is dying with consumption and can live but a few 
 days longer. His friends wish to take him home to die. 
 
 November 21st — James Fitzhugh, convicted August 21st, 1871, of 
 assault and battery; term six months and fifty dollars fine; county 
 of Monroe. 
 
 Recommended by the committing magistrate and many others. 
 Circumstances which have come to light since the trial establish the 
 prisoner's innocence. The justice says, " I am now satisfied, from 
 further developments, that the men assaulted were trying to rob the 
 prisoner." 
 
 November 28th — Harietta Tyerry, convicted January 18th, 1871, 
 of grand larceny; term one year and six months ; county of Chau- 
 tauqua. 
 
 Recommended by judge, district attorney, officers of the peniten- 
 tiary, Hon. Lorenzo Morris, and many other citizens of the vicinity 
 where the crime was committed. The prisoner's previous character 
 
476 List op Pabdons, etc., by Gov. Hoffman. 
 
 ia shown to have been without blemish. She is an English woman 
 of education and possesses ample means for her maintenance. Her 
 mind is evidently unsound. The superintendent of the penitentiary 
 reports that her health is very much impaired. Her friends will 
 remove her to England, at pnce, upon her release. 
 
 November 28th — Michael Hughes, convicted July 25, 1871, of 
 larceny ; term six months ; county of New York. 
 The prisoner, whose character has heretofore been good, took less 
 
 than a ton of coal from his employers (The Lehigh Coal Company). 
 
 The officers of that company and many other citizens now ask his 
 
 release. 
 
 Commutations. 
 
 February 1st, 1871 — James H. Watson, convicted July 12, 1870, 
 of petit larceny ; term six months and $100 fine ; county of 
 Albany* 
 
 Commuted to six montha and fifty dollars fine. 
 
 Recommended by the recorder of Albany and others. The pri- 
 soner has served the six months and nineteen days, and is able to 
 pay only fifty dollars of the fine. 
 
 April 22d — William Kelly, convicted May 18, 1868, of robbery; 
 term twenty years ; county of New York. 
 
 Commuted to three years on application of prisoner's mother. 
 
 He was very young, and this was his first offense. Abundant 
 testimony of previous good character is furnished. The sentence 
 was unduly severe. 
 
 May 3d — Peter Hay, convicted March 18, 1869, of grand lar- 
 ceny j term fbur years and seven months; county of Kings. 
 
 Commuted to two years and six months. 
 
 Pardon recommended by Judge Troy, who imposed the sentence, 
 and by other citizens. The prisoner is very young, and has always 
 borne a good character. TWo years and six months is sufficient pun- 
 ishment. 
 
Li8T Of PardoKb, btc.) by Gov. Hoii'man* 477 
 
 May 3d — John Lynch and James HamMondj convicted Mareh 28^ 
 1869, of burglstTy, third degree ; term three years and six months ; 
 county of Oswego. 
 
 Oommuted tO two years abd six months. 
 
 Beoommended by the late district attotney (who procured tho 
 oonviotion), the present district attorney, the eomplainants and tndny 
 citizens of Oswego county (thd recorder, who imposed the sentence^ 
 being dead), on the grouad of the youth of the priaOners, and tbeii 
 previous good character. 
 
 May 10th — David S. Downing, consisted September 15, 1865, 6f 
 robbery ; term tea years ; County of Saratoga. 
 
 Commuted to seven years. Pardon was strongly lu'ged in this 
 case by tta« district attorfiey, by coaplainaiiit, and many citizens, on 
 the ground that the sente&oe was unduly severei. The applioatiow 
 for pardon denied, but eomimutation granted, 
 
 June 5th — Robert A. Lee, convicted July 11, 1870, of attempted 
 grand larceny ; term two years ; county of New York. 
 
 Commuted to one year. The prisonef admits his guilt, hui it was 
 his first dfiense. Sis family is left in very destitute circumstances 
 by reason of his imprisonment. If the judge had ktioWO a>ll the 
 feets, he wotild have probably imposed the lowest penalty of the law, 
 one year. 
 
 June 15th — Cfedtge WilKaais, e«flvleted August 10, 1867, of graed 
 larceny j term five years; eouiicy of New Yotk. 
 
 Commuted to four years asd Six Bioiithi. Eeoomniended by the 
 complainaiit and many other citi!i«tts. The prisoner is m feeble 
 health. 
 
 June 16tb — Thomas Lynch or Hughes, (Sonvieted February 8^ 
 
 1870, of burglary, third degree; term five years; county of 
 
 Albany. 
 
 Commuted to one year and six months. 
 
 Pardon recommended by E. L. farsmaB, Thomas Nearjf, and 
 other citizens of Troy, where the prisoner lived. They, together 
 with the superinteMdeat (tf police^, and others, ee«tJfy to his former 
 good character. The offence committed, though technically a bur' 
 glary, was little more thaa larceny of a small amouitt^ and miigM 
 better have been Sff coasidered. 
 
478> List of Pardons, etc, by Gov. Hoffman. 
 
 July llth — Frederick Orandall, convicted June 20th, 1867, of 
 arson, third degree j term seven years ; county of Jeflferson. 
 
 Commuted to five years. 
 
 The prisoner is an old man, and quite feeble, of previous good 
 character, who is charged with having set fire to his own building 
 to defraud an insurance company. His conduct in prison has been 
 excellent, and his pardon, in view of his age and poor health, is 
 urged by the officers of the insurance company which was interested, 
 and also by the district attorney, and many citizens. 
 
 July 14th — Charles H. Newton, convicted April 14th, 1866, of 
 robbery ; term twelve years ; county of Steuben. 
 
 Commuted to seven years. 
 
 Recommended by county judge, district attorney, complainant, 
 and many others. The official reports state, that subsequent informa- 
 tion in regard to the character of the prisoner, shows that the sen- 
 tence was more severe than it would have been had the court been 
 duly informed. 
 
 July 14th — William Manogue, convicted February llth, 1868, of 
 robbery ; term nineteen years and three months ; county of Erie. 
 
 Commuted to five years. 
 
 Granted on application of the prison officers, as a reward for 
 saving the life of a keeper, who was attacked by other convicts. 
 
 July 14th — Alfred W. Alexander, convicted June 22d, 1869, of 
 grand larceny ; term three years ; county of New York. 
 
 Commuted to two years and six months. 
 
 On condition that the prisoner shall leave the State, for New 
 Orleans, where his parents, who will care for him, reside, within 
 five days after his release. Prisoner waa of former good character, 
 and committed the ofience when away from home, destitute of 
 money. 
 
 July 14th — John Bixman, convicted January 20, 1870, of grand 
 larceny ; term two years and six months ; county of Chautauqua. 
 
 Commuted to one year and six months. 
 
 Becommended by judge, district attorney, complainant, and many 
 citizens. Prisoner is fifty-one years old, and has hitherto borne a 
 good character, except that he was occasionally intemperate. He 
 was led into the crime while under the influence of liquor. 
 
List oe Pardons, etc., by Gov. Hoefman. 479 
 
 August Ist — Francis Sullivan, convicted June 22d, 1868, of assault 
 to kill J term seven years ; county of Cayuga. 
 
 Commuted to three years and three months. » 
 
 Kecommended by judge, district attorney and the chaplain of the 
 prison, on the ground that the sentence was too severe, and that his 
 conduct in prison has been most exemplary. He has a father living 
 in another State who will take him home and care for him. 
 
 August 26th — Michael Quinn, convicted December 22d, 1869, of 
 burglary, first degree ; term five years and three months ; county 
 of Broome. 
 
 Commuted to two years. 
 
 Becommended by all the prison officers as a reward for saving, at 
 the risk of his own life, the life of a keeper who was attacked with 
 a knife by another convict. 
 
 September 15th — Cassius M. Andrew, convicted January 29th, 
 1869, of forgery; term five years and three months; county of 
 Erie. 
 
 Commuted to two years and eight months. 
 
 Granted on the application of Governor Fairchild^ Senator Car- 
 penter, Judge Lyon, Willard Merrill, and S. P. Potter, of Wiscon- 
 sin, Kev. J. P. Kice and E. H. Tighe, of New Jersey, and many 
 other respectable citizens of both States. 
 
 The prisoner entered the army when a mere boy, and was honora- 
 bly discharged, but he had become demoralized by bad company and, 
 while intoxicated, committed this his first offense. At the time of 
 trial, the officials were not aware of the previous character and name 
 of the prisoner and his antecedents. He belongs to an estimable 
 family of Wisconsin. 
 
 October 3d — Joseph Lawrence, Lester White, Ira Lawrence and 
 Nelson Lawrence, convicted March 14th, 1871, of assault to com- 
 mit manslaughter ; sentenced to pay a fine of five hundred dollars 
 each ; county of St. Lawrence. 
 
 Commuted to payment of a fine of three hundred and fifty dollars 
 each. 
 
 Granted on recommendation of the judge who imposed the sen- 
 tence, the district attorney, and many citizens. The prisoners are 
 unable to pay the whole fine. 
 
List qp PABiwifs, etc., by Gov. Hoffmak. 
 
 Oetftber 18th ^ James Connors, convicted January SQtli, 1868, of 
 robbery, first degree; term nineteen years and six months; 
 county of Oswego. 
 
 Commuted to four years. 
 
 Beeommended by Delos D«. Wolf, A. P. Grant, A. S. Page, and 
 many other eitjaens of Oswego county ; ajso by prominent lawyers, 
 and by the members of the ju;cy which eonvieted him. He did not 
 belong to the criminal classes. This was his first offense, and the 
 sentenoe was very severe. He has a family dependent upon Mm for 
 support, 
 
 October 30th — Frederick T. Baker and William H. Kendall, con- 
 victed September 3, 1869, of burglary, third degree ; term five 
 years; county of Tioga. 
 
 Commuted to two years and six months. 
 
 Strongly urged by county judge, district attorney, and other 
 
 -county officers; also by Hon. T. I. Chatfield, W. Smyth, T. C. Piatt, 
 
 S. 8* Truman, and many other citizesB of Tioga county. Judge 
 
 Balcom, who sentenced the prisoners, and the late district attorney 
 
 who conducted the prosecution, also join in the recommendation. 
 
 November 2d — Henry W. Howe, convicted December 31, 1870, of 
 seduction under promise of marriage ; term two years ; county of 
 Niagara. 
 
 Commuted to one year. 
 
 Becommended by the; judge and many members, of the bar, and 
 other citizens of Niagaj'a county. This case did not call for severe 
 punishment. 
 
 November 23d — Edward H. Philbrick, convicted June 18, 1868, 
 of assault to rob ; term seven years ; county of Erie. 
 
 Commuted to four years. 
 
 Recommended by the district attorney and many reputable citi- 
 zens. The prisoner's previous character waa good, and he was very 
 young when the offense was committed. The district attorney also 
 states that, by a mistake, the sentence imposed was in excess of what 
 the law allows. 
 
 November 28th — Seraphine Crevier, convicted October 20, 1871, 
 of murder ; sentenced to ba hanged December 13th, 1871 ; 
 county of Essex. 
 
List oe Parbons, etc., by Gov. Hoffman. 481 
 
 Commuted to imprisonment in Clinton -prison during the term of 
 his natural life. 
 
 The prisoner, while under the influence of liquor, became engaged 
 in an affray with several persons. Who, originated the affray, does 
 not clearly appear. While in pursuit of one of the parties, and 
 under great excitement, he stabbed one of his friends, Tyithwhom he 
 had had no quarrel, and toward whom he bore no malice. There 
 seems to be in the case a lack of the deliberation or premeditation 
 which would justify an infliction of the law's highest penalty. A 
 commutation of sentence is recommended by Judge James, who pre- 
 sided at the trial, by the county judge, the associate justices, the 
 jury, the coroner, the county officers, by Hon. Kobert S. Hale, and a 
 very large number of others, among the best citizens of Essex county. 
 Indeed, there seems to be but one opinion as to the propriety of a 
 commutation, in the neighborhood where the crime was committed. 
 
 The Supervisors of Essex county, by a formal and unanimous 
 resolution, ask a commutation. 
 
 The district attorney says the prisoner's previous character was 
 good. 
 
 December 2d — Charles Bless, convicted June 17th 1869, of bur- 
 glary ; term five years, county of Onondaga. 
 
 Commuted to two years and six months. , 
 
 Pardon recommended by the district attorney, by the mayor of 
 Syracuse, by police justice Corbett, and many other citizens. The 
 superintendent and chaplain of the penitentiary also strongly urged 
 a pardon on the ground of good conduct and reformation of the pri- 
 soner and his feeble health. 
 
 He was very young at the time the offense was committed, and 
 now seems to be refoTmed. The inspectors of the penitentiary form- 
 ally recommend a pardon. 
 
 December 18th — John P. Newcomb, convicted January 10th, 1871, 
 
 of attempt to commit grand larceny ; term two years, county of 
 
 New York. 
 
 Commuted to one year. 
 
 Recommended by the complainant and also by the county judge, 
 district attorney, and other county officers of Rensselaer county, 
 where prisoner formerly resided. The prisoner had always borne a 
 good character before this offence. 
 
 61 
 
482 List of Pardons, etc., by Gov. Hoffman. 
 
 Beprkves. 
 
 January 12th, 1871 — Walter G-raham, convicted October 27th, 
 1870, of murder; sentenced to be hung December 21st, 1870; 
 respited December 15th, 1870, until January 18th, 1871; county 
 of Wayne. 
 
 Reprieved until February 1st, 1871. 
 
 G-ranted to allow time for settling a bill of exceptions. 
 
 February 14th — John Thomas (^colored), convicted December 28th, 
 1870, of marder; sentenced to be hung February 17th, 1871, 
 county of New York. 
 
 Eeprieved until Friday, March 10th, 1871. 
 Q-ranted to allow the prisoner to have his case reviewed on a writ 
 of error. 
 
 August 29th — Isaac V. W. Buokhout, convicted July, 1871, of 
 murder ; sentenced to be hung September 1st, 1871 ; county of 
 Westchester. 
 
 Eeprieved until September 15th, 1871, to enable inquiry to be 
 made into mental condition of prisoner. Drs. Gray, Mosher and 
 White were directed to make an examination. 
 
 December 11th — James E. Kelley, convicted October 23, 1871, of 
 murder; sentenced to be hung December 15, 1871; county of 
 Erie. 
 
 Reprieved until January 12, 1872. 
 
 Granted to allow time for a further examination of the case. 
 
 December 11th — John Stephen Gemehle, convicted October, 1871, 
 of murder ; sentenced to be hung December 15, 1871 ; county of 
 Erie. 
 
 Reprieved until January 12, 1872. 
 
 Granted on application of judge and district attorney, to allow 
 prisoner to have his case reviewed on a writ of error, the Superior 
 Court, in which conviction was had, doubting its power to grant 
 stay of proceedings. 
 
STATEMENT OF PARDONS AND COMMUTA- 
 TIONS OF PUNISHMENT GRANTED BY THE 
 GOVERNOR DURING THE YEAR 1872; COM- 
 PLETE TO FIRST OF DECEMBER. 
 
 Pardons — State Prison. 
 
 January 3d, 1872 — Josepli Campbell, convicted, January 3d, 1870, 
 of arson, 3d degree ; term five years ; county of Eensselaer. 
 
 Strongly recommended by judge, district attorney, Edward 
 Tracey, Rev. A. B. Whipple and many other prominent residents of 
 the vicinity where the crime was committed. The judge and dis- 
 trict attorney concur in saying that even if he was guilty, of which 
 -there seems to be considerable doubt, his punishment has, been suffi- 
 cient. His conduct in prison has been uniformly good. 
 
 January 5th — Stephen Fitzsimmons, convicted November 12th 
 1869, of robbery ; term five years ; county of New York. 
 
 Eecommended by the complainant, also by Horace G-reeley, 
 Charles A. Dana, E. C. Salisbury and many other citizens. The 
 prisoner, was a newsboy, aged sixteen, whose previous character had 
 been good. The proof was not clear and grave doubts of his guilt 
 are expressed. Immediate employment is offered to him. 
 
 January 12th — William G. Tripp, convicted January 12th, 1871, 
 of burglary, 3d degree ; term two years and six months j county 
 of Otsego. 
 
 Eecommended by county judge, district attorney and many citi- 
 zens on the ground of extreme youth of the prisoner, and excessive 
 punishment. In view of the nature of the burglary, and of what has 
 since appeared to have been its purpose, the demands of justice seem 
 to be met by the punishment already infiietedj and the boy has 
 been taught, it is believed, a sufficient lesson. 
 
 January 18th — James Stuart Gwynne, convicted, February 19th, 
 1871, of bigamy; term five years; county of New York. 
 Upon the evidence in the case it is impossible to say that the ver- 
 dict was not right ; yet there is reason to believe that the prosecu 
 
484 List of Pardons, etc., by Gov. Hoffman. 
 
 tion was aided, if not instigated, by parties who had private, rather 
 than public, ends to accomplish. From the facts developed in the 
 very voluminous papers submitted, a year's imprisonment would 
 seem sufficient punishment, especially as the prisoner is in feeble 
 health. Mr. Sullivan, the assistant district attorney who prosecuted 
 the case, agrees that it is a proper one for executive clemency. 
 
 January 18th — John A. Hayes, alias John B. Hughes, convicted, 
 November 28th, 1870, of burglary; term five years; county of 
 Wyoming. 
 This was the prisoner's first ofience, previous good character being 
 
 shown. The prison physician reports that he is in the advanced 
 
 stage of consumption, and has not long to live. Pardon is granted to 
 
 allow him to be taken home to die. 
 
 February 2d — Patrick Riley, convicted January 12th, 1869, of 
 
 arson ; term ten years ; county of Ulster. 
 
 Recommended by Hon. P. L. Laflin, E. C. Whittaker, and many 
 other citizens of Ulster county. There is so much doubt of guilt 
 in this case thatapardon isdemanded by justice. The Judge (Hon. 0. 
 R. Ingalls) says : " I was not, at the time of the trial, entirely satis- 
 fied that Riley was guilty, and, if the statute had allowed, would 
 have imposed a much more moderate sentence. He did not appear 
 to me to be a bad man." 
 
 February 7th — George A. Phillips, convicted December 12th, 1870, 
 of burglary and larceny ; term one year and six months ; county 
 of Ontario. 
 
 Pardon strongly urged by the judge and district attorney, also by 
 J. P. Faurot, H. 0. Cheesbro, N. B. Briggs, and many others. The 
 offense was rather an act of mere mischief than of criminal intent. 
 
 February 8th — Greorge H. Corey, convicted October 27th, 1869, 
 of grand larceny; term three years; county of Warren. 
 
 Recommended by county judge, district attorney and many others. 
 The prisoner, who has served, allowing deduction for good conduct, 
 all his term but four months, has received an injury in the prison 
 and cannot, in the opinion of the physician, live out his term. His 
 friends are ready to care for him, while he lives. Previous good 
 character shown. 
 
 February 13th — William Okell, convicted July 5th, 1871, of re- 
 ceiving stolen goods ; term five years ; county of New York. 
 
List of Pardons, etc., by Gov, Hoffman. 485 
 
 Kecommended by the foreman and eight others of the jurors, also 
 by G. Hilton Scribner, Secretary of State, D. C. Hays, Presiden of 
 the Union Bank of New York city ; William B. Olarke, late presi- 
 dent of the Board of Brokers ; P. P. James, William M. Parks',' H. 
 P. Morgan, Homer Morgan, W. H. Hewitt, of Banks for Savings, 
 Richard Schell, Henry G. Stebbins, Edmund H. Miller, Shepard 
 Knapp, A. W. Greenleaf, M. A. Wheelock, Charles Jenkins and 
 many others, bankers and brokers, most of whom have known the 
 prisoner for many years, and who have examined the case and assert 
 their belief in his innocence. One of the main witnesses, without 
 whose testimony no conviction could probably have been had, was 
 • as it now appears, upon careful enquiry, unworthy of credit unless cor- 
 roborate. He had been under arrest, and had made statements en- 
 tirely at variance with those made at the trial. 
 
 Prisoner's case was prejudiced, no doubt, by his failure to appear 
 as a witness on his own behalf. Hon. John Sedgwick (now Judge 
 of the Superior Court), who was his counsel, writes as follows : " I 
 was responsible for that, for I advised against it as I never knew 
 such a want of power to convey in words a fact or an opinion. It 
 was almost as bad as if he were inarticulate." 
 
 Prisoner is fifty-four years of age. His character has always 
 been above suspicion. His health is poor, and the circumstances of 
 his family are peculiarly distressing. 
 
 March 1st — John Reagle, convicted June 22d, 1871, sentenced 
 Dec. 16th, 1870, of arson ; term ten years ; county of Erie. 
 
 The prisoner was twice tried, the first jury failing to agree. An 
 important witness for the defense, who was sworn upon the first 
 trial, was prevented by illness from appearing at the next. There is 
 suflfcient doubt of guilt to warrant a pardon, which is strongly re- 
 commended by Judges Barker and Marvin, of the Supreme Court, 
 who presided at the respective trials, by the associate justices, by 
 the district attorney and 'his assistant, by Senator Lewis, who was 
 present at the trial, and by a very large number of respectable citi- 
 zens of Erie county, comprising, as stated by the judges, district 
 attorney and sheriff, almost every one of prominence or respecta- 
 bility in the neighborhood of the home of Reagle, and the place 
 where the crime is alleged to have been committed. 
 
 These recommendations are founded upon the belief of the per- 
 sons making them in the innocence of the prisoner. Judge Barker 
 says that he believes the conviction was erroneous, and that Reagle 
 is innocent. Judge Marvin says he would have been satisfied with 
 
List of Pardons, etc., by Gov. Hoffman. 
 
 a verdict of not guilty and that a pardon ought to be granted. The 
 associate justices, the district attorney, senator Lewis, and others, 
 testify that the general impression is that Eeagle is innocent and 
 that this belief is entertained most strongly by those, lawyers and 
 others, who were present at the trial as also by all who know the 
 prisoner or are familiar with the evidence. The previous excellent 
 character of Reagle is fully established. 
 
 March 2d— Thomas Conniff, convicted February 17th, 1870, of 
 burglary, 3d degree ; term two years and six months ; county of 
 New York. 
 It is the prisoner's first offence and his term has nearly expired. 
 
 He is in the last stage of consumption, and pardon is grjnted to 
 
 enable him to be cared for at home. 
 
 March 4th — Hugh McShane, convicted October 19th, 1870, of 
 
 grand larceny, (confession) ; term three years ; county of New 
 
 York. 
 
 Becommended by the complainant, by Hon. Thomas Kinsella, 
 Sinclair Tousey and others. Prisoner collected some money for his 
 employer, fell into bad company, became intoxicated and spent or 
 lost the money. He was indicted for grand larceny and pleaded 
 guilty. His offence was, perhaps, in law, embezzlement ; it clearly 
 was not grand larceny, and the punishment imposed was excessive. 
 
 He had been for years in the service of his employer, serving him 
 faithfully and honestly, and the same employer now offers to 
 take him back and restore him to his old position. 
 
 March 8th — James McDermott, convicted December 23d, 1870, of 
 burglary 8d degree, term two years and four months; county of 
 Erie. 
 
 On condition that the prisoner be taken to the St. Joseph's 
 College, Rhinecliff, New York, and remain under its charge during 
 the unexpired portion of his sentence. McDermott was but fifteen 
 years old when he committed the offense, and his pardon is now 
 recommended by the Judge, district attorney, Rev. P. A. Maloy, 
 and many other well known citizens of Buffalo. 
 
 March 18th — Michael Beck, convicted December, 3d 1866, of 
 grand larceny, term eight years ; county of Queens. 
 
 Recommended by Judge and District attorney, also by Elias J. 
 Beach, Charles G. Covert, Francis McKenna, N. Wyckoff, Samuel 
 Smith, H. M. Bliss, and many other citizens of Queens county. 
 
List of Pardons, etc., by Gov. Hoffman. 487 
 
 The prisoner has served more than five years of his term and his 
 conduct has been excellent. The prison physician says that Beck 
 is, by nature, a man of small and feeble intellect and that he has 
 been failing, both physically and mentally, for some time past. »He 
 is now very low in the Hospital, but might regain his health if re- 
 stored to liberty. His parents, who are old and respected residents 
 of Queens county, agree to send him immediately to the far west 
 in charge of relatives. 
 
 April 30th — Nathan Tripp, convicted July 13th, 1868, sentenced 
 Sept. 17th, 1869, of burglary and larceny, term seven years ; 
 county of Jefferson. 
 
 An examination of this case leaves a doubt of the prisoner's guilt. 
 If guilty, the punishment already inflicted is, in view of previous 
 good character, sufficient for the nature of the case. The district 
 attorney who conducted the prosecution concurs in this view, and 
 recommends a pardon, as do a very large number of leading citizens 
 who are conversant with the circumstances of the case. 
 
 May 13th — Alonzo Green, convicted March 3d, 1871, of grand lar- 
 ceny ; term two years and six months ; county of New York. 
 Prisoned is insane and was at the time of the commission of the 
 offense. He is released to enable his friends to place him in a pri- 
 vate asylum. 
 
 June 3d — Andrew Blanchard, convicted, November 26th, 1870, 
 of Bigamy ; term, three years, county of Schenectady. 
 Recommended by the judge and district attorney, also by the 
 county officers of Schenectady county and many others. The pri- 
 soner, whose previous good character is fully established, had 
 separated from his first wife on a written agreement, and claimed 
 that he believed he had a right to marry again. It is probable that 
 he had no guilty intent, but violated the law through ignorance. 
 
 June 3d — David H. Anderkirk, convicted October 7th, 1871, of 
 
 forgery; term one year; county of Cattaraugus. 
 
 Recommended by the judge and district attorney, also by the 
 complainant and the citizens of the vicinity where Anderkirk lives 
 and where the crime was committed. It is shown that the prisoner 
 had always borne a good character, having never before been charged 
 with any offense, and the nature of thf case was not such as to de- 
 mand much punishment, the amount of the forgery being trifling. 
 His parents are old and feeble and dependent upon him for support. 
 
488 List of Paedons, etc., by Gov. Hoffman. 
 
 June 8th — Patrick H. Shinness, convicted October 21st, 1861 , of 
 
 murder 2d degree ; term life ; county of Kings. 
 
 Strongly urged by all the prison officers, as also by the late officers 
 of the prison and by many citizens. The prisoner has served 
 nearly a fifteen year's sentence, allowing deduction for good conduct, 
 and during all that time he has been conspicuous for his excellent 
 conduct and for his service to the State, so much so, that for many 
 years the successive boards of officers have urged his pardon upon 
 that ground. It is believed that a pardon now, will beneficially 
 affect the discipline of the prison by rewarding, in a notable case, 
 unusual excellence of conduct. 
 
 June 8th — Patrick Toomey, convicted May 2d, 1871, of man- 
 slaughter 4th degree ; term two years ; county of New York. 
 
 Kecommended by many well known citizens. The prisoner, a 
 police officer, whose previous character was without stain, used more 
 violence than was absolutely necessary in making an arrest, and the 
 death of the person arrested, who had been very intemperate, re- 
 sulted probably as much from his own diseased condition as from 
 any thing else. 
 
 June 10th — David Silvernail, convicted December 14th, 1869, of 
 burglary 3d degree ; term three years ; county of Onondaga. 
 Pteeommended by judge, district attorney and warden of prison. 
 
 The prisoner has served all his time but two months, and is promised 
 
 immediate employment if released now. 
 
 June 12th — Michael Monahan, convicted October 20th, 1871, of 
 attempt to rape ; term five years ; county of New York. 
 It seems clear to the Governor, after a careful examination of the 
 
 whole case, that the prisoner was not guilty. He had always been 
 
 of good repute. 
 
 June 15th — Tracy P. Burdick, convicted November 9th, 1869, of 
 
 forgery ; term three years ; county of Jefferson. 
 
 The prisoner has served, if deduction for good conduct be counted, 
 all his term except twenty three days. His conduct in prison has 
 been most exemplary and the prison officers recommend his pardon 
 as do the complainant, sheriff and other officers of Jefferson county. 
 Previous good character established. 
 
 June 15th — Harrison Stearns, convicted June 27th, 1870, of rape; 
 term ten years j county of Clinton. 
 
List of Pardons, etc., bt Gov. Hoffman. 489 
 
 The prisoner, whose previous good character is showii, was con- 
 vioted upon the unsupported testimony of a woman proved to have 
 been of notoriously bad character, 
 
 June 18th — William Burns, convicted January 2, 1872, of bur- 
 glary 3d degree j term one year and six months ; county of New 
 York. 
 
 Becommeuded by judge, district attorney and many reputable 
 citizens. The prisoner, whose previous reputation was good, is 
 very young and of weak mind, and was led into this offense by older 
 persons. His mother is now very ill and in destitute circumstances. 
 
 June 24:th — James Keenan, convicted June 26, 1870, of felonious 
 assault ; term ten years ; county of New York. 
 
 The assault in this case was committed under great excite- 
 ment, upon P. J. Meehan, an associate in the organization of which 
 both were members. Meeha,n and many others now sue for prisoner's 
 pardon. He has always been a peaceable and orderly man. His 
 father, who lives in Ireland, is in failing health, and the prisoner is 
 to leave the country immediately. 
 
 June 24th — Horace Jordan, convicted March 25, 1870, of grand 
 larceny ; term four years ; county of Saratoga. 
 
 Hecommended by the judge, the present and the late district 
 attorney, the county officers of Saratoga county, the village officers 
 of Saratoga Springs, the members of the bar and many prominent 
 citizens. The district attorney says the sentence was greatly in excess 
 .of what the nature of the case called for. The prison officers speak 
 (very highly of the prisoner and recomnjended his pardon. He is in 
 failing health, sad longer )3onfin,emen,t would be likely to endanger 
 his, life. 
 
 July 12th — George Weber, convicted March 27, 1872, of embezzle- 
 ment; term one year; county of New York. 
 Granted in consideration of previous good character and on the 
 urgent recommendation of the complainant, M. L. Schepp, whom 
 illness prevented from' being present at the trial, else the sentence 
 would doubtless have been less severe, if not altogether suspended. 
 The prisoner was in the tombs thirty days before trial, and has been 
 sufficiently punished. 
 
 62 
 
490 List op Pardons, etc., by Gov. Hoffman. 
 
 July 12tli — Lemuel Eoss, convicted, May 30tli, 1871, of arson 3d 
 degree ; term four years ; county of Westchester. 
 
 Becommended by the Chief of Police, other village oflBcerS and 
 many leading citizens of Sing Sing, where the offence was alleged 
 to have been committed, who assert their firm belief in the innocence 
 of the prisoner. He was convicted at a time of much excitement 
 about fires, and there is great doubt now of his guilt. 
 
 July 12th — Jeremiah McDaniels, convicted January 25th, 1861, 
 of burglary 1st degree, and burglary 3d degree (2 indictments). 
 Term twenty years and three and one half months; county of 
 Orange. 
 
 Personal examination at the prison. Upon a careful examination 
 there seems to be no error in the record. If there be none, the 
 sentence was in excess of what the law authorized. If the sentence 
 had been fifteen years, the prisoner would have gained his discharge 
 by good conduct, before this time. His conduct has been exemplary 
 during his more than eleven years of imprisonment. 
 
 July 12th — Thomas Gross, convicted, October 27th 1871, of bur- 
 glary, term five years ; county of Onondaga. 
 
 Becommended by judge. District attorney, and many officials 
 and citizens of Onondaga county ; a careful examination of the case 
 leads to the belief that the prisoner was not guilty. 
 
 July 29th — Dominiek Helms, convicted, December 2d, 1865, of 
 robbery 1st degree. Term fourteen years and six months; county 
 of Ulster. 
 
 Recommended by Hon. J. H. Tuthill, and many other residents 
 of Ulster county. Circumstances have come to light, since the trial, 
 which throw strong doubts on the prisoner's guilt and which if shown 
 on the trial, might have secured his aoquital. The judge concurs 
 in this view of the case and recommends a pardon. 
 
 July 29th — Martha West, convicted. May 26th, 1870, of grand 
 larceny, term four years ; county of New York. 
 
 Becommended by 0. L. Swift, O. Stillman, W. H. Bartlett, G. 
 D. Bemus, and many other prominent citizens. 
 
 The prisoner's health is failing, and her conduct in prison has been 
 unexceptional. 
 
 Her offence was stealing a silk dress, and the more than two years 
 imprisonment already suffered seems enough. 
 
List op Pardons, etc., by Gov. Hoffman. 491 
 
 August Sth — John Kenavan- and Patrick McCarthy, convicted, 
 January 2d, 1872, of grand larceny, term one year ; county of 
 New York. 
 
 Pardon applied for by Judge Ingraham, who presided at the trial, 
 and who states that circumstances, disclosed since the conviction, 
 make it probable that it was a case of mistaken identity and that 
 the prisoners were innocent. 
 
 August 21st — John Kelly, convicted, June 28th, 1871, of man- 
 slaughter, 2d degree ; term five years ; county of Kings. 
 Kecommended by judge and district attorney. An examination 
 
 of the testimony before the coroner's jury makes it clear that the 
 
 prisoner should not have been convicted. He had no trial but was 
 
 advised to plead guilty and did so plead. 
 
 August 21st — Thomas Howard, convicted, January 8th, 1866, of 
 burglary, Ist degree ; term fifteen years ; county of New York. 
 
 Granted on special application of Dr. Dimon, physician of Auburn 
 Prison. Prisoner is ill with tubercular consumption and cannot re- 
 cover. He has already been confined more than six and a half 
 years. Complainant unites in the application for pardon. 
 
 August 23d — John Daly, convicted, December 16th, 1870, of bur- 
 glary, 3d degree j term three years and six months ; county of 
 Chemung. 
 
 Becommended by the county judge, the present and the late dis- 
 trict attorney, by Hon. Lucius Robinson, Hon. William T. Post, Hon. 
 John Murdock, Hon. E. P. Hart, James Dunn, F. H. Atkinson and 
 other leading citizens who are familiar with the facts in the case. It 
 appears from the papers and testimony in this case that the offense 
 (technically burglary) was not committed with intent to steal. The 
 prisoner, during an altercation with a relative, forced his way through 
 a closed door, for the purpose of assaulting him. The offense com- 
 mitted grew out of a family feud, and the year and eight months for 
 which he has already served is a sufficient punishment. 
 
 September 6th — William H. Stearns, alias George A. Abbott, con- 
 victed, April 21st, 1871, of forgery, 3d degree ; term three years 
 and six months ; county of New York. 
 
 Eecomraended by Rev. Dr. S. I. Prime, Charles Tracy, Esq., 
 John C. Havermeyer and others. The prisoner was confined twenty- 
 one months in the city prison before his sentence. The police au- 
 
492 List of Pardons, *tc., by Gov. Hoffman. 
 
 tidrities speak ,well of his character prior to this offence. He dis- 
 closed valuable information before his conviction and for this len- 
 iency was promised him. His health is very poor. 
 
 September 13th — Charles Johnson, convicted, March 28th, 1872, 
 of grand larceny ; term three years and six months; county of 
 Washington. 
 Eecommended by judge, district attorney, sheriff, and other 
 
 ebunty officers and prominent citizens, on the ground of doubt as to 
 
 prisoner's guilt. 
 
 September 14th — Frederick Schaffer, convicted, October 20th, 
 1865, of murder, 2d degree ; term thirty years ; county of Erie. 
 Judge Daniels, who presided at the trial, applies for Schaffer's 
 pardon, and states the facts in the case which show quite clearly 
 that the crime committed was manslaughter, not murder. 
 
 The judge, in imposing sentence, promised the prisoner favorable 
 intervention of the authorities, if his conduct in prison should be 
 good. It has bfeen good, his health is very poor, and he has now 
 (allowance being made for good conduct) suffered the longest t«rm 
 of imprisonment prescribed for manslaughter. 
 
 October 2d — John McGruinness, convicted, March 21st, 1871, of 
 grand larceny ; tetm thiree years ; county of New York. 
 
 District Attorney Garvin writes, " from various things that have 
 come to my knowledge lately, I am inclined to think him innocent 
 and, for that reason, recommend his pardon." His conduct in prison 
 has been excellent. 
 
 October 2d — William Tully, convicted, March 26th, 1872, of grand 
 larceny ; term four years and nine months ; county of New York. 
 
 Application for pardon is made by the Adams Express Company 
 who were the complainants, and prisoner's employers. He had, 
 until in this instance he yielded to a great temptation, been faithful 
 and honest. Immediate employment is promised him. Application 
 granted in consideration of this, and of prisoner's youth and former 
 good character. 
 
 October 2d — Charles Linden, convicted October, 1865, of robbery j 
 term fifteen years and eight months ; county of Niagara. 
 
 The prisoner has, by continued good conduct, enlisted the interest 
 and symipathy of the agent and warden of the prison. This was his 
 
List of Pardons, etc., by Gov. Hoffman. 493 
 
 first offense. He has already had a very severe punishment. He 
 has learned a trade and there is good reason to believe he will follow 
 it industriously, if a pardon is granted. His aged mother will take 
 him to her friends in the west. • 
 
 October 12th — Philip Sheridan, convicted March 2d, 1870, of 
 arson, 3d degree ; term three years and six months ; county of 
 Queens. 
 
 Examined personally at the prison by the Governor. 
 The prisoner is an old man in the last stage of consumption. 
 Pardon is granted that he may be taken in charge by his famiily. 
 
 October 12th — James Lane, convicted October 20th, 1870, of rape; 
 term ten years ; county of New York. 
 
 Prisoner was convicted on the unsupported testimony of a woman 
 who very soon afterwards was herself convicted of larceny and sent 
 to the penitentiary. There is so much doubt of guilt as to call for a 
 pardon. 
 
 October 12th — Francis C. Kenyon and John Laughlin, convicted 
 March 11th, 1869, of robbery and larceny from the person. 
 Kenyon's term nine years and six months. Laughlin's term five 
 years and six months ; county of Onondaga. 
 
 Recommended by judge, district attorney, warden of prison and 
 many others. The complainant, upon whose testimony prisoners 
 were convicted, was afterwards shown to be entirely unworthy of 
 credit. 
 
 October 15th — Matilda C. Seeley, convicted October 21st, 1870, of 
 grand larceny ; term two years and six months ; county of New 
 York. 
 
 The prisoner, formerly a woman of position and character., and of 
 more than usual accomplishments, is now, mentally and physically, 
 a wreck. Her term has nearly expired and the " Isaac T. Hopper 
 Home," through Mrs. Catharine E. Van Cortlandt, offer to take care 
 of her if she is pardoned. 
 
 October 23d — Leonard Harrington, convicted February 1st, 1871, 
 of grand larceny ; term two years and six mouths ; county of 
 Erie. 
 Granted on application of judge, district attorney and many others, 
 
 on the ground that they are now satisfied the sentence was too severe 
 
494 List of Pardons, etc., by Gov. Hoffman. 
 
 in view of the nature of the case and the circumstances surrounding 
 it ; the prisoner's previous reputation was unexceptional. 
 
 November 2d — Charles Pike, convicted, March 13th, 1871, of 
 assault with a dangerous weapon ; term two years ; county of 
 Eensselaer. 
 
 Eecommended by the district attorney and leading citizens of 
 Troy, where prisoner lives. It was a first offense and pardon is 
 granted that the prisoner may obtain work (which is promised him) 
 before the winter sets in, and thus contribute to the support of his 
 mother, a widow. His term would expire in January. 
 
 November 2d — George Banks, convicted, October 18th, 1871, of 
 grand larceny ; term five years ; county of New York. 
 
 Granted on application of the district attorney and Dr. Moreau 
 Morris, in consideration of the youth and extreme ill health of the 
 prisoner whose life would be endangered by long confinement. He 
 will, at once, leave for England with his mother. 
 
 November 2d — James Patterson, convicted, June 23d, 1865, of 
 murder 2d degree ; term life ; county of Jefferson. 
 
 Personal examination at the prison. Pardon recommended by 
 Judge Mullin, who presided at the trial, by Lieut. Gov. A. C. Beach 
 and by many others. Prisoner, under' advice of counsel, pleaded 
 guilty. He was a private soldier in the United States army, and, 
 during a fracas in Watertown, by order of his superior officer, (one 
 Meagher) he fired the shot which killed the deceased. He had taken 
 no part in the fracas, but supposed he was bound to obey the order 
 of his commanding officer. The officer who gave the order was tried 
 and convicted only of manslaughter in the fourth degree, and was 
 sentenced to two years imprisonment. After he had served about 
 one year, he was pardoned by Governor Fenton on the recommenda- 
 tion of Major General Dix, Bradley Winslow and others. It is un- 
 just that the private soldier, who simply obeyed his order, should 
 suffer longer imprisonment. 
 
 November 7th — William Norton, convicted, October 10th, 1870, 
 of petit larceny from the person ; term five years ; county of 
 New York. 
 
 The sum taken was seventeen dollars. This was a first offence, 
 the prisoner having always borne a good reputation. Pardon is 
 granted on recommendation of prison authorities for conspicuous 
 
List OF Pakdons, etc., by Gov. Hoffman. 495 
 
 ■ fidelity and faithfulness to duty during the late revolt. He will be 
 at once taken to England by his friends, where his parents are able 
 and willing to care for him. 
 
 November 13th — James E. Lee, convicted, April 22d, 1870, of 
 burglary ; term five years ; county of Duchess. 
 
 Personal examination by Grovernor at prison. The presiding 
 judge, the district attorney who prosecuted the case, and the present 
 district attorney, all concur in saying that they now think Lee should 
 not have been convicted and ought to be pardoned. 
 
 A careful examination on my own part leads to the belief that the 
 conviction was erroneous. 
 
 November 18th — Rufus B. Stillman, convicted, October 24th, 
 1871, of forgery, term two years; county of Cortland. 
 
 Becommended by judge, district attorney and sheriff of Cort- 
 land county, also by the late Hon. John A. G-riswold of Troy, in 
 whose employ the prisoner had been, and many others who speak in 
 high terms of his general reputation, which had been unblemished 
 until the commission of this offense. 
 
 He was made intoxicated and while in that condition, was induced 
 by another person to utter a forged^bheck. He has a sick wife and 
 several children without means of support. His punishment has 
 been sufficient. 
 
 November 18th — John Connolly, convicted, March 9th, 1871, of 
 burglary 3d degree, and petit larceny ; term three years ; county 
 of Eensselaer. 
 
 The property stolen was valued at eight dollars. The evidence 
 would not seem to have warranted a conviction. The prisoner, 
 however, pleaded guilty. He was a mere lad and the district at- 
 torney says that, on careful enquiry, he has learned that the plea 
 was made with the understanding that he would be sent to the House 
 of Refuge but that the district attorney (now dead) probably 
 overlooked it and the boy was sent, instead, to prison for three years, 
 more than half of which time he has served. Messrs. Warren, Colby, 
 McConihe, Gleason, McKeon and others of Troy unite in the applica- 
 tion for pardon. The detective who made the arrest says he knows 
 nothing against the prisoner's previous character. 
 
 November 19th — William Disbrow, convicted, September 18th, 1866, 
 of burglary 1st degree j term ten years ; county of Montgomery. 
 
496 List of Pardons, etc., by Gov. HoFFMAif. 
 
 Recommended by judge, district attorney, and complainant, also 
 by Eev. W. Frothingham and other prominent citizens of Montgo- 
 mery county. Prisoner pleaded guilty and gave valuable informa- 
 tion to the authorities under assurance of clemency. The sentence 
 of one associate was commuted by G-overnor Fenton. Another to 
 whom a new trial was granted by the Oonrt of Appeals, was released. 
 Prisoner's con duct in prison has been excellent and he seems thoroughly 
 reformed. Immediate employment is offered him. 
 
 November 22d — Joseph Eden, convicted, September 5th, 1870, of 
 arson 2d d^ree, and robbery ; term twelve years ; county of 
 Queens. 
 
 The prisoner became insane shortly after his conviction and was 
 transferred to the asylum for insane convicts, where he has since re- 
 mained. The prison authorities recommend a pardon, as does Dr. 
 Wilkie, Superintendent of the asylum, who says that the prisoner 
 has partially recovered but that, if he remains in confinement, it is 
 to be feared that he will relapse into his former condition ; that O'f 
 a raving maniac. The prisoner has a brother in Colorado who is 
 able and willing to properly care and provide for him. He will be 
 taken there at once. 
 
 * 
 November 25th — Paul Smith, convicted, November 21st, 1870, of 
 
 forgery 3d degree ; term five years ; county of New York. 
 
 The prisoner is a young man of previous good character. He con- 
 fessed his guilt and received a severe sentence. His conduct in 
 prison has been good. His parents in Germany are respectable 
 people and able to care for him. His mother is ill and cannot long 
 live. Oswald Ottendorfer, his former employer, solieita the pardon 
 and promises to send him home to Germany by the next steamer. 
 
 November ^6th — William Brown, convicted, April 12th, 1872, of 
 grand larceny; term one year; county of New York. 
 
 G-ranted on petition of the sister of the prisoner, concurred in by 
 many citizens. Previous good character shown. The prisoner's 
 mother, on a recent visit to the prison to see hereon, just after leav- 
 ing him, was run over by the cars and killed. His health is poor 
 and he snflFers under great depression caused by his mother's death. 
 It is believed, that, if he is discharged he can be cured and reclaimed. 
 Mr. Robert Turley, machinist, offers him immediate employment. 
 
List of Pardons, etc., by Gov. Hoffman. 497 
 
 Pardons — County Jail and Penitentiary, » 
 
 January 2d — Marx Levy, convicted December 23d, 1871, of in- 
 decent assault; term two months and $50 fine; county of New York. 
 
 An examination of the case shows the prisoner's guilt to be doubt- 
 ful. No conviction should have been had. Previous good character 
 is established. 
 
 January 3d — Charles W. Traver, convicted February 14th, 1870, 
 of burglary, 3d degree ; term five years ; county of Ulster. 
 
 Granted on recommendation of Gen. Amos Pilsbury, Superinten- 
 dent of the Penitentiary, who says that the prisoner is dying with 
 consumption and that he can live but a few days. His mother is 
 anxious to take him home, and care for him while he lives. 
 
 January 4th — Charles Garrippi, convicted December 1st, 1870, of 
 assault and battery ; term three months ; county of Oneida. 
 
 The prisoner is very ill, and longer confinement would endanger 
 his life. 
 
 January 12th — William Rockwell, convicted January 3d, 1872, of 
 assault and battery; term six months; county of Monroe. 
 
 Granted on application of the committing magistrate, county judge 
 and other county officers, and the mayor and other city officers of 
 Rochester. The nature of the assault was so trivial that no impri- 
 sonment should have been imposed. Previous good conduct shown. 
 
 January 13th — Isaac Bauman, convicted November 14th, 1871, of 
 indecent assault and battery ; term one year ; county of New York. 
 
 An examination of the evidence and the officers' reports in this 
 case, makes it apparent that the conviction was erroneous and the 
 prisoner innocent. Previous good character established. 
 
 February 16th — Marcus Francis, convicted February 3d, 1872, of 
 petit larceny ; term sixty days ; county of Ontario. " 
 
 Granted at the request of the committing magistrate, county 
 judge, district attorney and many citizens. There was no felonious 
 intent, and no conviction should have been had. 
 63 
 
498 List of Paedons, etc., by Gov. Hoffman. 
 
 February 19th — James Martin, convicted January 19tli, 1871, of 
 
 burglary, 3d degree ; term four years, eleven months and twenty 
 
 nine days ; county of Kings. 
 
 The penitentiary physician says that the prisoner has valvular 
 disease of the heart, and will not live in prison, but that he may 
 recover, if removed. The judge and district attorney recommend a 
 pardon on the merits of the case, without reference to the prisoner's 
 illness. 
 
 The judge says that, if he had known all the facts at the time 
 of trial, the sentence would have been much lighter. Previous good 
 character is shown. 
 
 February 20th — John Qualey, convicted December 20th, 1871, of 
 assault and battery j term eight months ; county of Erie. 
 Granted on application of the physician to the penitentiary who 
 says that the prisoner is very low with typhoid fever, and cannot 
 live unless released at once. The penitentiary hospital is not fin- 
 ished and the convict is, therefore, of necessity, kept in the cell. 
 The judge concurs. 
 
 March 21st — John Bell, convicted March 1st, 1871, of larceny; 
 term two years ; county of Erie. 
 
 Recommended by the district attorney, the complainant, Hon. D. 
 N. Lockwood, Hon. George H. Pendleton, of Ohio, and others. 
 There is no doubt that prisoner was led into this trouble by bad 
 company. He was a stranger in the city, but seventeen years of 
 age. Had evidence been produced to indicate his former character, 
 the sentence would have been less severe. 
 
 He has served half his term ; sufficient for the nature of the case; 
 and his conduct has been excellent. His relatives will take him to 
 Ohio and prepare him for business. 
 
 April 2d — James Emery, convicted October 24th, 1871, of man- 
 slaughter, 4th degree ; term one year ; county of Erie. 
 
 Recommended by .the mayor of Buffalo, by the prosecuting dis- 
 trict attorney and his assistant, by the physician to the penitentiary 
 and by many citizens. The homicide was the result of an accident, 
 and the prisoner is rapidly failing in health. 
 
 April 15th — Michael Melig or Melia, convicted December 9th, 
 1871, of petit larceny; term six months; county of New York. 
 
List of Pakdons, etc., bt Gov. Hoffman, 4^9 
 
 There is some doubt of guilt in this case and the pflB.cial reports 
 show that the prisoner had always been a hard-working, honest man. 
 In view of his good character, even if guilty, he has akeady been 
 punished enough. • 
 
 May 8th — Dennis Brady, convicted March 7th, 1872, of assault 
 and battery ; term three months ; county of New York. 
 
 The offense was a very trival one, and did not demand much pun- 
 ishment. The prisoner was an old friend of the complainant who 
 now asks for a pardon. Kecorder Hackett, before whom convictioa 
 was had, recommends clemency. 
 
 May 22d — Seth "Wilbur Payne, convicted March 9th, 1872, of 
 libel ; term four months ; county of Oneida. 
 
 Granted on recommendation of Judge Doolittle against whom the 
 libel was uttered ; also recommended by many leading citizens j pre- 
 vious good character is shown, and a full and satisfactory retraction 
 is made. 
 
 June 1st — Maurice Flanahan, convicted May 18th, 1870, of 
 grand larceny ; term four years, eleven months and 29 days ; 
 county of Kings. 
 
 Becommended by the district attorney and the complainant ; pre- 
 vious good character is shown. The prisoner's health is rapidly 
 failing, and longer confinement would endanger his life. 
 
 June 1st -r- Henry Donohue, convicted September 14th, 1870, of 
 burglary, 3d degree ; term four years, eleven months and 29 days ; 
 county of Kings. 
 
 The prisoner is very low with consumption, and is pardoned that 
 he may be taken home to die. He was under sixteen years of age 
 when convicted. 
 
 June 15th — John Coleman, convicted April 4th, 1872, drunken-^ 
 ness ; term three months ; coui^ty of Tompkins. 
 
 The prisoner has served all his term but twenty days ; he is in the 
 last stage of consumption, and the physician of the penitentiary re- 
 ports that he cannot live out his term. His parents desire to take 
 him home to die. 
 
 July 12th — Frederick D. Gritman, convicted May 27th, 1872, of 
 assault and battery ; term six months ; county of Westchester. 
 
600 List of Pardons, etc., of Gov, Hoffman. 
 
 The sentence was too severe for the nature of the case. The 
 family of the prisoner is in very destitute circumstances. 
 
 July 29th — Charles Vroman, convicted June 25th, 1872, of assault 
 and battery ; term three months ; county of Schoharie. 
 
 Eecommended by the committing magistrate, also by Hon. S, L. 
 Mayham and many other prominent citizens of Schoharie county. 
 The prisoner is a colored boy only twelve years of age. 
 
 The sentence was clearly excessive. The justice says he would 
 have sentenced him for fifteen days, but for the fact that he could not 
 be sent to the penitentiary for a less period than three months. 
 
 August 5th — Harry Willard, alias Harry William, convicted Jan- 
 uary, 1871, of grand larceny ; term four years ; county of Albany. 
 The prisoner is partially insane, and pardon is granted on condition 
 
 that he be taken to his home in Ohio by his mother, and properly 
 
 cared for. 
 
 August 5th — Franklin Wheeler, convicted June 24th, 1871, of 
 grand larceny ; term two years j county of Oswego. 
 
 The offense committed, hardly constituted grand larceny. Two 
 accomplices, equally guilty, were tried later and only fined thirty- 
 five dollars. The prisoner has served more^than half his term, and 
 his conduct has been good. 
 
 August 21st — Harry Haywood, convicted June 27th, 1872, of 
 petit larceny ; term four months ; county of New York. 
 
 Granted on application of complainant. The property taken was 
 worth four dollars. It is doubtful whether, in law, it was larceny 
 at all. The boy was of previous good character and was in the city 
 prison for six weeks before trial. His punishment, in any view of 
 the case, was excessive. 
 
 September 9th — Edward Kelly, convicted May 21st, 1872, of 
 assault and battery ; term six months ; county of Albany. 
 
 It appears from the facts submitted that the party assaulted was 
 as much at fault as the prisoner. 
 
 The prisoner has a family dependent upon him for support. 
 Messrs. H. Q. Hawley and Sons bear testimony to his previous good 
 character, and agree to give him regular employment upon his 
 release. 
 
List of Pardons, etc., by Gov. Hoffman. 501 
 
 September ISth — Barney MoManama, convicted July 24th, 1872, 
 of assault and battery; term six mouths and fifty dollars fine ; 
 county of Onondaga. 
 
 The prisoner's innocence is established by affidavit, and by letters 
 from the county judge and the police justice. 
 
 October 4th — Andrew Connolly, convicted June 1st, 1872, of 
 having in his possession a dangerous weapon ; term six months ; 
 county of New York. 
 
 The prisoner was never in any difficulty before, and his previous 
 character is shown to have always been good. There is not the 
 slightest evidence that he intended to use the weapon. 
 
 October 28th — John Williams, convicted January 7th, 1859, of 
 burglary, 3d degree (two indictments) j term six years ; county of 
 Albany. 
 
 On condition that he leave the State, immediately in charge of his 
 friends. 
 
 Granted on application of the district attorney, detective Hale and 
 many others. The prisoner has served more than half his term and 
 has been in the hospital for more than a year past with a diseased 
 collar bone. He has a brother in Cincinnati, who will take care of 
 him. 
 
 October 29th — Eiohard Kinney, convicted May 7th, 1872, of out- 
 raging public decency ; term one year ; county of Albany. 
 
 Prisoner's health is very poor, and pardon is granted that his 
 friends may properly care for him. 
 
 November 11th — John F. McPaul, convicted January 2d, 1872, 
 of grand larceny ; term one year ; county of New York. 
 
 An examination of the testimony in this case shows great doubt 
 of the prisoner's guilt. He ought not to have been convicted. 
 Judge Ingraham, who presided at the trial, says he was not satisfied 
 with the verdict : that he imposed the shortest sentence allowed by 
 the law, and that he thinks the case deserves the favorable consid- 
 eration of the Governor. 
 
602 List of Pakdons, etc., by Gov. Hoffman. 
 
 Commutations. 
 
 January 3d — Jacob Jackie, convicted, January 20th, 1870, of re- 
 ceiving stolen property ; term three years and six months ; county 
 of Chautauqua. 
 
 Comiiiuted to two years. 
 
 Pardon recommended by Police Justice McDonough, John 8. Kus- 
 sell and many leading citizens of Dunkirk where the offence is alleged 
 to have been committed. The principal in the affair, on whose 
 testimony alone the prisoner was convicted, served only one year and 
 six months. The prisoner had always borne an unblemished cha- 
 racter and, if guilty, of which some doubt is expressed, two years im- 
 prisonment is enough. 
 
 January 3d — William Eoaeh and Patrick Quinlan, convicted, March 
 26th, 1867, of robbery, 1st degree ; term ten years and three 
 months ; county of Niagara. 
 
 Commuted to five years . 
 
 Pardon recommended by Hon. George D. Lamont, Justice of the 
 Supreme Court, who sentenced the prisoners ; also by Kev. Hugh 
 Mulholland, Hon. Richard Crowley, United States District Attorney, 
 the city officers of Lockport, the county officers of Niagara county 
 and by many prominent citizens. Previous good character is shown 
 and, under all the circumstances, five years is enough punishment 
 for this case. Judge Lamont, under date of November 26th, 1870, 
 says, " I hope you may see it in the line of your duty to pardon 
 them." 
 
 January 4th — James E. Kelly, convicted, October 23d, 1871, of 
 murder, sentenced to be hanged December 15th, 1871, respited 
 December 11th, 1871, until January 12th, 1872 j county of Erie. 
 
 Commuted to imprisonment for life. 
 
 Recommended by judge, district attorney and jurors, also by Judge 
 Sheldon, Senator Lewis, Joseph Warren, Dr. Rochester, Dr. Blisha 
 Harris and very many citizens of Buffalo. The murder was com- 
 mitted without any apparent object or motive. The deceased was 
 a perfect stranger to Kelly ; they had had no difficulty of any kind. 
 Kelly had been drinking for many days, if not weeks. Up to the 
 time of the commission of this crime he had borne a good character ; 
 was a quiet, peaceable man. 
 
List of Pardons, etc., bt Gov. Hoffman. 503 
 
 The judge says that, in his opinion, a coBviction of manslaughter 
 would have been much more consistent with a proper understanding 
 of the testimony than was the conviction of murder. He says fur- 
 ther, " I am of the opinion that the sentence should be commoted." 
 The district attorney and the jury concur in this. 
 
 February 15th — Nelson M. Knickerbocker, convicted June 29th, 
 1869, of burglary ; term five years j county of Saratoga. 
 
 Commuted to two years and eight months. 
 
 The prisoner was of previous good character, and it is claimed 
 that he is innocent of the charge of which he was convicted. 
 
 Without entering into that question, however, the punishment, 
 as commuted, is sufficient under all the circumstances. The prir 
 oner's health has become very much impaired and the prison officers 
 earnestly urge his pardon, in which the judge and district attorney 
 concur, as do also many other officials and citizens. 
 
 March 13th — Thomas McGrath, convicted December 13th, 1871, 
 of assault and battery ; term three months and $160 fine ; county 
 of Rensselaer. 
 
 Fine remitted. 
 
 The prisoner's term has expired, and he is unable to pay the fine. 
 Its remission is recommended by the sheriff of Eensselaer county 
 and by other citizens. 
 
 March 28th — Thomas Waters, convicted December IVth, 1867, of 
 
 assault to kill ; term eight years and eight months ; county of 
 
 Albany. 
 
 Commuted to five years and two months, with the further deduc- 
 tion allowed by law for good conduct in prison. 
 
 Recommended by the judge, the district attorney who procured 
 the conviction, Hon. Henry Smith, the chief of police of Albany, 
 and many others. It was the prisoner's first offense and the sen- 
 tence was, under all the circumstances, severe. He is now threat- 
 ened with insanity by reason of his confinement, and the prison 
 physician thinks that, unless soon released, his insanity will become 
 permanent, while, if released, he will recover and be able to support 
 his family. 
 
 April 6th — Asa Armstrong, convicted May 11th, 1870, of assault 
 to do bodily harm ; term four years ; county of Monroe. 
 Commuted to two years. 
 
604 List op Pardons, etc., by Gov. Hoffmaw. 
 
 Pardon recommended by judge, district attorney and many repu- 
 table citizens of Eochester. The prisoner had always borne an excel- 
 lent character and committed the offense while in a state of intoxi- 
 cation and at the instigation of others. Mr. James H. Kelly offers 
 to furnish him employment at once, upon his release. 
 
 April 9th — Herman Voss, convicted December 7th, 1870, of for- 
 gery 3d degree ; term three years ; county of New York. 
 Commuted to one year and six months, with further deduction 
 allowed by law for good conduct in prison. 
 
 Pardon recommended by complainant, district attorney and prison 
 officers. The prisoner had always borne an irreproachable character 
 and it is probable that he was not aware of the crime he was com- 
 mitting. His health is very feeble and the officers say that if he re- 
 mains in confinement he will probably not live out his term. He has a 
 home and friends in Germany, who have sent him money to enable 
 him to return to them ; which he will do immediately upon his 
 release. 
 
 June 1st — Michael Dwyer and Charles Manahan, convicted, De- 
 cember 17th, 1870, of larceny from the person, term two years 
 and six months ; county of Onondaga. 
 
 Commuted to one year and six months. 
 
 Pardon recommended by the judge, by the present and the late 
 district attorney, by Hon. Thomas Gr. Alvord, Col. J. M. Strong and 
 very many other well-known citizens of Syracuse, where the crime 
 was committed and where the prisoners live. The judge says it is 
 doubtful whether there was any criminal intent. A small amount 
 was taken from a companion in the day time when they were all 
 intoxicated. 
 
 June 8th — John Maxwell, convicted, April 30th, 1872, of murder, 
 sentenced to be hung June 21st, 1872 ; county of Madison. 
 Commuted to imprisonment for life. 
 The prisoner was found guilty with a written recommendation by 
 
 the jury to mercy. The judge recommends a commutation, as do 
 
 many citizens. The circumstances of the case are such, as not to call 
 
 for the highest penalty of the law. 
 
 June 11th — Eugene A. Perry, convicted, September 21st, 1866, of 
 grand larceny (three indictments) ; term thirteen years ; county 
 of Onondaga. 
 
List of Pardons, etc., by Gov. Hofeman. 505 
 
 Commuted to seven years with further legal deduction for good 
 conduct|in prison. 
 
 Judge Mullin, who imposed the sentence, the district attorney 
 who prosecuted the case, and many leading citizens of Syra3lise 
 recommend clemency on the ground that the punishment was greater 
 than the circumstances of the case demanded. 
 
 June 11th — Zenas A. Gates, convicted, October 5th, 1869, of bur- 
 glary, 2d degree ; term five years ; county of Cattaraugus. 
 
 Commuted to three years. 
 
 Pardon strongly recommended by judge and district attorney, also 
 by a large number of leading citizens of Cattaraugus County. 
 
 The ofiense was not an aggravated one, and a lighter punishment 
 would have been sufficient. The prisoner does not belong to the 
 criminal class, and he has a helpless family dependent upon him for 
 support. 
 
 June 11th — Arthur Quinn, convicted August 8th, 1871, of grand 
 larceny ; term two years and six months ; county of New York. 
 
 Commuted to one year. 
 
 Eecommended by the complainant and many citizens. The pri- 
 soner had always borne a good character and committed this offense 
 while under the influence of liquor. His employer, against whom 
 the offense was committed, says he has known Quinn from infancy 
 and that he was always an honest, hard-working boy ; that this was 
 his first offense, and that it was due entirely to intoxication. 
 
 June 11th — Edward Malcher, convicted December 16th, 1870, of 
 forgery, 3d degree ; term three years ; county of Onondaga. 
 
 Commuted to one year and six months. 
 
 The judge and district attorney unite with many citizens of Onon- 
 daga county in recommending a pardon in this case. The prisoner, 
 a young man of good connections who had never before been charged 
 with any offence, forged an order for twenty dollars. The judge 
 says " I recommend the pardon of Edward Malcher on the ground 
 that the offense was not very serious in its character, and that he has 
 been sufficiently punished." 
 
 June 12th — Luke Coniff, convicted December 15th, 1871 of, 
 rioting ; term six months and $200 fine ; county of Beusselaer. 
 
 Pine remitted. 
 
 64 
 
« 
 606 List of Pardons, etc., by Gov. Hoffman. 
 
 Kecommended by the judge, and district attorney, also by many 
 citizens of Greenbush, where the offense was committed, including 
 those who were active in procuring the conviction. The prisoner 
 has no means with which to pay the fine. 
 
 June 12th — Anthony McCoy, convicted August 10, 1865, of rob- 
 bery, 1st degree ; term fifteen years and six months ; county of 
 Livingston. 
 
 Commuted to eight years, with further legal deduction for good 
 conduct in prison. 
 
 Kecommended by the judge and by many citizens, also by the 
 agent and warden of the prison, and hy all the prison officers on the 
 ground of the unusual excellence of the prisoner's conduct during 
 his imprisonment. The sentence was a very severe one, and the 
 two associates of McCoy were commuted to seven years and six 
 months each and are now at liberty. His previous character is 
 shown to have been good. 
 
 June 10th — Thomas Golden, convicted May 18, 1866, of robbery ; 
 term ten years ; county of New York. 
 
 Commutted to seven years and six months, with further legal de- 
 duction for good cpnduct in prison. 
 
 Granted on recommendation of the prison officers on account of 
 the unusual excellence of the prisoner's character and conduct in 
 prison, and with a view to encourage and promote like conduct in 
 other prisoners. 
 
 June 15th — James Sewall, convicted October 11th, 1871, of mur- 
 der ; sentence death on warrant of the Governor (chapter 410, 
 Laws of 1860) J county of Clinton. Also, 
 
 June 15th — Marion L. Hall and Patrick Brady, convicted Feb- 
 ruary 8th, 1852, of murder; sentence death on warrant of the 
 Governor (chapter 410, Laws of 1860) ; county of Clinton. Also, 
 
 June 15th — Moses Lowenberg, convicted January 4th, 1862, of 
 murder ; sentence death on warrant of the Governor (chapter 410, 
 Laws of 1860) ; county of New York. Also, 
 
 June 15th — Harvey Doane, convicted April 11th, 1862, of mur- 
 der ; sentence death on warrant of the Governor (chapter 410, 
 Laws of 1860) ; county of Madison. 
 
 Each of the five above named convicts commuted to imprisonment 
 for life. The law under which they were sentenced was soon after- 
 
List op Pardons, etc., by Gov. Hoffman. 507 
 
 ward repealed and no Governor has deemed it proper to issue the 
 warrant for their execution. Commutation to life is now granted 
 to make the punishment definite, and in form what it is in fact. 
 
 June 17th — Clay Matthews, convicted January 13th, 1870, of 
 robbery ; term seven years and three mouths ; county of Fulton . 
 Commuted to two years and six months. 
 
 Recommended by Judge James, who presided at the trial of the 
 prisoner, whose previous good character is fully shown. At the most, 
 the offense was not of such a character as to demand so severe a pun- 
 ishment. 
 
 June 17th — Virgil A. Krepps, convicted March 30th, 1869, of 
 assault to kill ; term eight years and seven months ; county of 
 Kings. 
 
 Commuted to four years, with further legal deduction for good 
 conduct in prison. 
 
 Pardon in this case was recommended by the district attorney, 
 the complainant and many reputaible citizens. 
 
 The prisoner had always borne an excellent character and at the 
 time of this offense was laboring under great excitement, amounting 
 almost to insanity. 
 
 June 19th — Frank Miller, convicted July 10th, 1871, of grand 
 larceny ; term two years ; county of Montgomery. 
 
 Commuted to one year. 
 
 Pardon recommended by judge, district attorney, county officers 
 of Montgomery county and many leading citizens. The pri- 
 soner, whose previous character had been good, committed a techni- 
 cal larceny while intoxicated. It was not an aggravated case, and 
 one year's imprisonment is enough. 
 
 June 20th — Arthur Brooks, convicted June 24th, 1871, of grand 
 larceny ; term two years ; county of Oswego. 
 
 Commuted to one year. 
 
 Eecommended by the judge and county officers of Oswego county, 
 also by all the leading citizens of the town in which the offense was 
 committed, and where prisoner lived. The offense was not an ag- 
 gravated one, and previous good character is shown. The presiding 
 judge says that he wished only to impose a sentence of one year, but 
 was overruled by his two associate justices. 
 
508 List of Pardons, etc., by Gov. Hoffman. 
 
 June 24th — William Powers, convicted October 20th, 1863, of 
 burglary 1st degree; term twenty years; county of Kings. 
 Commuted to eleven years and six months, with further legal de- 
 duction for good conduct in prison. 
 
 Granted on recommendation of the prison officers in consideration 
 of the unusual excellence of the prisoner's conduct, and in the belief 
 that a thorough reformation has been made in his character. 
 
 June 24th — John Nicholson, convicted October 13th, 1868, of 
 robbery ; term five years ; county of Erie. 
 
 Commuted to four years and six months, with further legal deduc- 
 tion for good conduct in prison. 
 
 This deduction of six months from the sentence imposed by the 
 court is made on the recommendation of the complainant, the chap- 
 lain of the prison and others, in consideration of the excellent con- 
 duct in prison, and the apparent reformation of the prisoner. 
 
 June 29th — Eobert Anderson, convicted February 11th, 1868, of 
 robbery ; term ten years and three months ; county of Erie. 
 
 Commuted to five years and six months, with further legal deduc- 
 tion for good conduct in prison. 
 
 Granted on application of Allen Koss, agent and warden of the 
 prison, for unusual excellence of conduct during his imprisonment, 
 and especially for marked services in sustaining the officers during 
 the late revolt. A reward for such services is beneficial to the dis- 
 cipline of the prison. 
 
 September 6th — Frederick Strubby, convicted Oct. 17th, 1871, of 
 embezzlement ; term three years and six months ; county of New 
 York. 
 
 Commuted to one year, with further legal deduction for good con- 
 duct in prison. 
 
 Recommended by Christian Schwarzwaelder, Oswald Ottendorfer, 
 and other well known citizens of New York city. The complainant 
 also asks for the pardon of the prisoner, and testifies to his good cha- 
 racter previous to this ofiense. The prisoner has a large and help- 
 less family dependent upon him for support. The circumstances 
 of the case did not demand so severe a sentence. 
 
 September 11th — Austin Looker, convicted October 15th, 1871, of 
 burglary and petit larceny ; term two years ; county of Oswego. 
 
List of Paedons, etc., by Gov. Hoffman. 509 
 
 Commuted to one year, with further legal deduction for good 
 conduot^in prison. 
 
 Eecommended by judge and district attorney, also by the county 
 officers of Oswego county and by Hon. Delos DeWolf, Witlard 
 Johnson and many other prominent citizens. 
 
 The prisoner, a youth, was led into this, his first offense, by an 
 older associate who escaped punishment. Had the facts, which 
 have since come to light, been made known on the trial, a shorter 
 sentence would have been imposed. The parents of the prisoner 
 are able and willing to take care of him. 
 
 October 12th — Henry Allen, convicted April 11th, 1871, of bur- 
 glary, 3d degree ; term four years and six months ; county of 
 New York. 
 
 Commuted to two years, with further legal deduction for good 
 conduct in prison. 
 
 Granted on application of Rev. B. McGrlynn, of St. Stephen's 
 Church, New York city, in consideration of the prisoner's youth, 
 his previous good character, and the fact that he was acting under 
 the influence of an older and stronger minded man in attempting to 
 commit the crime, which attempt was not successful. 
 
 October 12th — Charles E. Strotter, convicted December 19th, 1871, 
 
 of grand larceny; term two years and six months; county of 
 
 New York. 
 
 Commuted to one year, with further legal deduction for good con- 
 duct in prison. 
 
 G-ranted on application of Senator Weissman, W. S. Yard, Julius 
 W. Geyer, Nicholas Schults, Henry Clausen, Henry W. Nieman and 
 many other prominent citizens and business men of New York. 
 The prisoner has always borne an excellent character. In view of his 
 youth, punishment of one year is sufficient. 
 
 October 15th — Michael Powers, convicted June 19th, 1871, of 
 grand larceny ; term four years ; county of New York. 
 Commuted to one year and six months, with further legal deduc- 
 tion for good conduct in prison. 
 
 Becommended by the district attorney, who prosecuted the case, 
 who now furnishes satisfactory evidence that the prisoner, who was 
 only sixteen years old when convicted, has always been a good boy 
 up to the time of this offense. An older associate, equally guilty 
 and of bad repute, only received a two yearns sentence. A discrimi- 
 nation should have been made in favor of Powers, not against him. 
 
610 List op Pardons, etc., by Gov. Hoffman. 
 
 October 15th — William H. Rookfeller, convicted May 15tli, 1868, 
 of burglary, 2d degree ; term seven years ; county of Oswego. 
 
 Commuted to five years, witb further legal deduction for good 
 conduct in prison. 
 
 The offense committed was nothing more than larceny, and the 
 punishment was too severe. 
 
 October 19th — John Malone, convicted October 8th, 1869, of rob- 
 bery, 1st degree ; term seven years and six months ; county of 
 Columbia. 
 
 Commuted to three years and six months, with further deduction 
 for good conduct in prison. 
 
 Pardon recommended by district attorney, by Hon. B. Ray and 
 many other reputable citizens. The evidence against the prisoner 
 was very untrustworthy. He was in company with one Provost, a 
 notorious character, who was convicted of the same offense and 
 Malone's conviction unquestionably rested very much upon the fact 
 of his having been seen in this man's company. His previous cha- 
 racter has been good and, under all the circumstances, the punish- 
 ment, as commuted, is enough. 
 
 November 8th — Warren Latting, convicted December 29th, 1866, 
 
 of robbery ; term fifteen years and six months ; county of Ontario. 
 
 Committed to seven years and three months, with further legal 
 deduction for good conduct in prison. 
 
 Pardon recommended by the present county judge, by the district 
 attorney, by Hon. H. 0. Chesebro, J. J. Mattison, editor of the On- 
 tario Repository, the surrogate, sheriff and other county officers and 
 prominent citizens of Ontario county. 
 
 Prisoner's associate in the crime pleaded guilty and received only 
 a five years' senteace. Not so great a discrimination, if any, should 
 have been made against Latting, whose health is now very poor. 
 
 November 13th — Ezekiel C. Wysham, convicted January 2d, 1872, 
 
 of grand larceny ; term two years and six months ; county of New 
 
 York. 
 
 Commuted to one year, with further legal deduction for good con 
 duct in prison. 
 
 Granted on application of his former employers, who were the 
 complainants. The prisoner, when intoxicated, appropriated to his 
 own use thirty dollars which came into his possession. He confessed 
 
List op Pardons,, etc., by Gov. Hoffman. 511 
 
 his guilt. His former character was good and he has a family de- 
 pendent upon him for supporti Under the circumstances, one year 
 is enough. 
 
 November 18th — James Smith, convicted November, 1872, of 
 assault and battery; term $250 fine or one year's imprisonment; 
 county of Albany. 
 
 Commuted to twenty-five dollars fine or sixty days imprisonment. 
 
 Pardon recommended by judge, chief of police, complainant and 
 many others. The prisoner, a hard working, industrious young man 
 who had never before been arrested, committed a technical assault 
 on an officer and, having pleaded guilty, the court could not im- 
 pose a lighter sentence. 
 
 November 19th — Charles Borst, convicted, September 3d, 1872, of 
 assault and battery ; term $250 fine, or one year's imprisonment ; 
 county of Albany. 
 
 Commuted to three months. 
 
 The prisoner committed a technical assault on an officer, pleaded 
 guilty, and received the lightest sentence allowed by law. The court, 
 now recommend his commutation to three months. Capt. Brennan 
 of the police force and the complainant join in the application. 
 
 November 25th — James D. Allen, convicted, February 24th, 1871, 
 of burglary 3d degree ; term three years and six months ; county 
 of New York. 
 
 Commuted to two years, with further legal deduction for good con- 
 duct in prison. 
 
 Pardon recommended by the complainant and the assistant district 
 attorney who prosecuted the case. The amount of property taken 
 was small, and the prisoner made confession and restitution. A spe- 
 cial report from the police authorities shows that he has always borne 
 a good character for industry and integrity. Several former em- 
 ployers testify to his good character. His conduct in prison has 
 been excellent. 
 
 November 25th. — Marinus Bates, convicted, January 27th, 1871, 
 of burglary, 3d degree ; term four years and six months ; county 
 of Oswego. 
 
 Commuted to two years, with further legal deduction for good con- 
 duct in prison. 
 
612 List of Pardons, etc., by Gov. Hoffman. 
 
 Pardon recommended by Lieut. Grovernor Beach, by the sheriff of 
 Oswego county, the complainant and «iany prominent citizens. 
 
 The prisoner, while under the influence of liquor, broke through 
 the window of a store in the house in which he lived and took a few 
 articles of trifling value, which he gave up the next morning. He 
 had acquired the habit of drinking in the army, but aside from that 
 his character was good. 
 
 His uncle, a clergyman, will take charge of him when released. 
 
 November 29th — Martin McDonald, convicted October 23d, 1872, 
 of malicious mischief; term six months j county of Saratoga. 
 
 Comniuted to two months. 
 
 G-ranted on the statement and petition of Hon. William T. Odell, 
 John W. Thompson, Thomas Noxon, George G. Scott, George L. 
 Thompson, E. C. Clarke, Jr., H. A. Mann, E. H. Chapman, George 
 W. Chapman, John Wait, James W. Horton, Hiro Jones, David 
 Maxwell and Police Justice McLean. The boy undoubtedly de- 
 served punishment but, in view of his good character and the cir- 
 cumstances attending the offense, it is clear the sentence was much 
 too severe. 
 
 November 29th — Morris Keady, convicted October 23d, 1872, of 
 malicious mischief; term six months ; county of Saratoga. 
 
 Commuted to two months. 
 
 The prisoner was convicted of the same offense with McDonald, 
 and commutation is granted for the reason stated above in his case. 
 
 JReprieve. 
 
 September 24th — John Gaffney, convicted August 3d, 1872, of 
 murder ; sentenced to be hanged September 27th, 1872 ; county 
 of Erie. 
 
 Keprieved until Friday, October 18th, 1872. 
 Granted on recommendation of judge and district attorney, to 
 allow time to investigate questions presented in bill of exceptions. 
 
APPENDIX. 
 
 LETTER 
 
 NINETT-FOURTH ANNIVERSARY OP OUR INDEPENDENCE. 
 
 State of New York, Executive Chamber, \ 
 Albany, June 29, 1871. | 
 
 To the Council of Sachems of the Tammany Society : 
 
 I have received your invitation to be present at the celebration of 
 the coming Fourth of July, at Tammany Hall. I regret very much 
 that other engagements, entered into before I received your invita- 
 tion, put it out of my power to comply therewith. 
 
 You do well in calling attention to the fact that again now, as on 
 the gi;eat Fourth of July of 1776, the vital question is pressed upon 
 the American people whether they shall be governed by force or 
 will govern themselves. 
 
 Our recent civil strife led to a great concentration of administra- 
 tive power in the Federal government; but as the war was temporary 
 and out of the ordinary course of events, so this extraordinary exer- 
 tion of power should have been temporary and promptly abandoned 
 so soon as the war ceased. In the revplutionary struggle of our 
 forefathers George Washington was for a time invested with powers 
 almost, if not absolutely, dictatorial. The moment actual war ceased 
 this greatest of military chiefs gave up his commission, divested 
 himself of power, and left all political questions to be settled by the 
 free and peaceful deliberations of the people. The whole civilized 
 world, its monarehs, its statesmen, its scholars, its people, looked 
 with awe upon the simple grandeur of America's hero. To-day the 
 world at large does reverence to his memory, as to no other name 
 among those who have controlled the political destinies of men. The 
 65 
 
514 Letter feom Gov. Hoffman. 
 
 human race takes pride in him; shall we, his own countrymen, sur- 
 render our faith in his wisdom ? 
 
 Our great civil war ended six years ago ; the deliberations of our 
 people are not yet free. Powers have been lately conferred, under 
 a law of Congress, upon the American President, which ought not 
 to be intrusted to any man, and which no man is good enough or 
 wise enough to wield. At his own discretion he may, under this 
 wicked law, suspend, in any portion of the country, North, South, 
 East or West, all the lawful rights of its citizens and govern it by 
 military force, subject to no restraint but that of his own will — a power 
 less limited, less guarded, more absolute than that conferred upon 
 President Lincoln in the time of actual war. 
 
 The great political question now before us is whether, in the 
 future, we are to be the subjects of what is commonly called a strong 
 government, or shall continue to be, as heretofore, a strong people. 
 All political power pertains of right to the people ; whatever is con- 
 ferred on the government is so much taken from them. What many 
 men call a strong government (meaning one of extended, unlimited 
 powers) necessarily implies a weakened people. The two — "a strong 
 government" and a strong people — cannot exist together. This 
 question, of whether we shall make the government strong or keep 
 the people strong, is one that always underlies our party divisions, 
 but is at times presented more boldly and distinctly than at others. 
 It was pMnly presented at the revolution of 1Y76. The advocates 
 of a strong government lost. It was again sharply presented jn the 
 contest which brought Mr. Jefferson into the Presidency, when 
 also the advocates of a strong government were put down. It is 
 again as sharply presented to us to-day ; and whatever questions of 
 lesser and more temporary importance may have divided the Ameri- 
 can people on other occasions, it is their duty now to consider, above 
 all things, whether the absorption of all power into the central gov- 
 ernment, which is going on at a fearful rate, is consistent with the 
 permanent welfare of the people or even with the permanent strength 
 and endurance of the government itself. 
 
 It has been proved that this great Union of ours cannot be torn 
 asunder. It is clear, too, that the rights of States are rights within 
 the Union, safest in the Union, best protected by the peaceful 
 remedies provided by the Constitution. If, however, we abandon 
 the wholesome principles which controlled in the construction of our 
 Union, a decay more fatal than violence must supervene. This vast 
 continent can no more be well governed, in all things, by one central 
 authority at Washington, than was the whole of Europe well gov- 
 
Letter from Gov. Hoffman. 615 
 
 erned from Borne in the days of the Eoman empire. The results would 
 be, now as then, loss of character and vigor in the people, and sooner 
 or later the breaking down of the government itself. The Constitu- 
 tion of the United States made a wise distribution of powers between 
 the Federal and the State governments. The Federal government 
 must fail to fulfill its proper duties if it undertakes to discharge, in 
 addition to its own, the functions of the State governments. Having 
 too much to do, it will do nothing well. 
 
 We have a shining instance before our eyes, to-day, in the case of 
 imperial France. In that great empire centralization has been com- 
 plete. Municipalities and provinces were governed from the capital, 
 not by their own people. General and local affairs alike were admin- 
 istered by the one central authority. For twenty years past, all 
 this centralized power has been in the hands of one strong, able 
 man. On the surface, things appeared to be going on smoothly and 
 prosperously, so much so that some Americans, not firm in their 
 faith in our own system of government, have been Weak enough to 
 contrast our political condition unfavorably with that of France 
 under Napoleon. The real worth of this centralized administration 
 has recently been put to the test. When the day came for the 
 French government to exert its utmost strength, it was found to be 
 weak and rotten, utterly incapable of protecting the people from the 
 invader, while the people, unused to self-reliance, were equally in- 
 capable of defending themselves. 
 
 Contrast the helplessness of France in. this great crisis, with what 
 we were capable of at the outbreak of our recent civil war. We 
 had always lived under what was called a weak central government, 
 limited in its powers, with few duties devolved upon it. Before 
 the war, the mass of our people never saw an oflScial of the cen- 
 tral government except in the person of the village post-master. 
 The so-called strong governments of Europe sneered at our central 
 authority, as being utterly helpless for any great crisis. Our civil 
 war proved that ours was, in fact, the strongest government in the 
 world. It was strong because it had not, by absorbing all power 
 into itself, weakened the people. It had not, by undertaking to do 
 everything for them, rendered the people incapable of doing any- 
 thing for themselves. On the contrary, our people having been 
 left to govern themselves in their several neighborhoods, to take 
 care of their local affairs for themselves, were perfectly self-reliant 
 when the general government was, for a time, at the first outbreak 
 of war, cut of from all communication with the country. Prepara- 
 tions to meet the crisis went on just as promptly without the orders 
 
616 Let?ter from Gov. Hoffman. 
 
 of the government. A committee of citizens in your city raised 
 some millions of money for immediate expenditure in war prepara- 
 tions. One distinguished citizen of our State, the late Generai 
 Wadsworth, opened wide his private purse and bought, on his own 
 account, loads of provisions, which he shipped to Washington, to 
 meet what he knew would be a pressing need of the Government. 
 When the central authorities were again in free communication 
 with the country, they found that just what they would have ordered 
 to be done, had been done by the people without orders. To the 
 discomfiture of those Who had sneered at its helplessness, our Gov- 
 ernment was found to be very strong ; its strength was real, not ap- 
 parent ; its strength had been well preserved, for it had been left ili 
 the guardiaiiship of the people. All through the terrific contest 
 the efifective work of procuring recruits for the Union army was 
 done by the people themselves, in their town meetings, and through 
 their local authorities. It is my belief that if, at the outbreak of 
 our great civil war, we had been living for any time under a strongly 
 centralized government, and had had that, with a great show of 
 strength, as our only reliance, we should havie failed to preserve 
 the Union. 
 
 Those among us who are advocating what they call a stronger 
 central government are urging a policy which leads inevitably to 
 weakness. A disregard of the healthful rules prescribed by the 
 founders of the Republic must end in decay. What we need to in- 
 sure to our glorious Union long life and prosperity', is that we should 
 keep this people strong, by limiting the action of government to its 
 simple, necessary duties. The government, too, will then be strong 
 in its simplicity and in its secure reliance upon a free people. 
 
 Under a system which seeks, by one central agency, to look after 
 everything in every part of our extended country, nothing will be 
 looked after. The public service must necessarily become more and 
 more corrupt; for watchfulness over the countless host of subordi- 
 nate officers will be an impossible task. One of the most effective 
 measures to-day toward a much needed civil service reform would 
 be to simplify our tax laws, both ihose which regulate the tariff and 
 those relating to the internal revenue, and thereby to reduce the 
 officers engaged in their enforcement to a number that can be well 
 watched. 
 
 It is right that the practice of celebrating the Fourth of Jtily 
 should be kept up by the Tammany Society, founded as it was for 
 the purpose of resisting efforts made, soon after its formation, to 
 divert our government from its true principles and practice. You 
 
Letter tt.ou Gov. Hofbmak. 517 
 
 will celebrate the day, I am sure, not as mere partisana, but as 
 Americans, claiming sympathy with and from all who have faith 
 in the Constitution and pride in the past history of our land, and 
 all who are ready to guard the American system of government aa 
 well from decay as assault. It is essential^ especially at> this time^ 
 that our people should be reminded at what cost our free government 
 was established, wheit vigilance on the part of great leaders it has 
 required to preserve it, from time to time, and that they should be re- 
 minded, also, that we here have, in fact, the guardianship of the 
 cause of popular freedom for the whole human race. No event 
 could occur that would be more disgraceful in the history of man 
 than that we, with our eminent advantages and with this great trust 
 in our hands, should suffer free government to be lost on this con- 
 tinent, and should imitate here the bad examples found in the Old 
 World, making one man and his will supreme over the people and 
 their rights. 
 
 We should not omit on this occasion, to recall to our memory the 
 illustrious administrations of Jefferson and Jackson, who, when called 
 at different periods in our history to the Presidency, although them- 
 selves clothed with the extensive powers legitimately belonging to 
 that high office, and having, each of them, an extraordinary degree 
 of personal influence, resulting from the confidence and attachment 
 of the people, abstained from taking advantage thereof to enlarge 
 their own powers ; but, on the contrary, devoted themselves to restore 
 the proper limits upon both the executive and legislative depart- 
 ments of the Federal government, which had been, in many respects, 
 overlooked and disregarded by their predecessors. We shall best 
 do honor to the memory of these two great statesmen, by ourselves 
 renewing the work in which they were so earnest, restraining un- 
 wise and improvident legislation, restoring simplicity and consequent 
 purity in the administration of Federal affairs, combating the dispo- 
 sition of Congress to meddle with matters outside of their jurisdic- 
 tion, lessening the burdens of taxation, and putting the government 
 once more on the safe track pointed out in the chart left to us by 
 the wise founders of the Kepublic. 
 
 The acceptance or non-acceptance of certain amendments which 
 have recently been made a part of the Constitution of the United 
 States is not a practical question. The civil status of the colored 
 man is established, and he is in actual possession of the right of 
 suffrage. The task before us is to save the Constitution, as a whole. 
 To save it, as it is, requires our best efforts. The question of the 
 day is whether we are to live under a constitution at all, which shall 
 
518 Letter from Gov. Hoffman. 
 
 be construed by an impartial court, so as to limit and restrain, as it 
 was intended to do, legislative and executive power alike, or under 
 a hollow form of a constitution, interpreted according to the expedi- 
 ency of the hour by Congress itself, such interpretation being en- 
 forced by an unrestrained executive. The danger is imminent that 
 we may lose sight of the principles upon which this government is 
 founded, and which constitute its vital force — principles which gave 
 to the Bepublic great prosperity before the war, and in war saved 
 it from dissolution. 
 
 Very truly yours, 
 
 John T. HorrMAN. 
 
SPEECH 
 
 UNVEILING OF THE STATUE TO S. P. B. MORSE, IN CENTRAL 
 PARK, NEW YORK CITY, JUNE 10, 1871. 
 
 Ladies and Gentlemen : 
 
 We are met to witness the completion of a statjae erected in honor 
 of an American citizen, who is still living. In the most conspicuous 
 and the most beautiful of the public grounds of the chief city of 
 this Western hemisphere, this statue of Samuel F. B. Morse shall 
 stand for ages. The enduring material of which it is made may, in 
 the long lapse of time, crumble; yet his name will not be lost to 
 the memory of man. By his own works he has secured for it 
 immortality. So long as language lasts, his name will be spoken 
 and honored. The faculty of speaking is the gift whereby God has 
 favored man above his other creatures. By it we are enabled to 
 utter to our neighbor our wants, our sufferings, pur sympathies, 
 every idea and feeling which arises within us. Anxious to pay to 
 his memory its highest honors, the world has sought, during all his- 
 tory, to discover the name of the inventor of the alphabet. By means 
 of the alphabet we were empowered to speak to the eye as well as to 
 the ear, and to transport to the most remote parts of the earth the 
 utterances of mind and heart, in visible and lasting form. Hours, 
 days, weeks, months may elapse before that which we would have 
 spoken to our absent friends, if at our side, can reach its destina- 
 tion ; but, thanks to the alphabet, it reaches them, at last, fresh and 
 in perfect keeping. The Creator blessed man by giving him the 
 power of language ; and through the alphabet how greatly has the 
 blessing been expanded ! By it the dead of ages past speak to us 
 to-day, in their written utterances ; and by it we speak to genera- 
 tions yet unborn. Centuries and centuries passed away, and this 
 great expansion of the means of intelligent communication was all 
 the improvement to which human invention was equal. In our day 
 a new era has dawned. Again, for the second time in the history of 
 
520 Speech op Gov. Hoffman. 
 
 the world, the power of language is increased by human agency. 
 Thanks to Samuel F. B. Morse, men speak to one another now, 
 though separated by the width of the earth, with the lightning's 
 speed and as if standing face to face. If the inventor of the alphabet 
 be deserving of the highest honors, so is he whose great achieve- 
 ment marks this present epoch in the history of language — 
 •the inventor of the electric telegraph. We intend that, so far as in 
 us lies, the men who come after us shall be at no loss to discover his 
 name, for want of the recorded testimony of his contemporaries. In 
 doing him, during his life, the extraordinary honor which we are 
 met this day to make complete, we contribute little to his well 
 earned glory. Nevertheless, the people of this great city, represented 
 by their Mayor, and the people of two States — the State of his 
 birth and the State of his adoption — uniting in this ceremonial in 
 the persons of their chosen chief magistrates, find great gratification 
 for themselves in this opportunity to testify their appreciation of 
 the honor and the benefits which he has conferred on them and 
 on the country. The Grovernor of Massachusetts, the native 
 State of Morse, will now unveil the statue, and then William 
 C alien Bryant will speak to you as he only can speak. How fitting 
 that he — who having before him the letters of the ancient alphabet 
 which Cadmus brought into Greece, has, by his great translation, 
 enabled all English-speaking men to realize to-day, in their own 
 tongue, the power and genius of Homer — should be our leader on 
 this occasion in paying a just tribute to one who is his friend, and 
 who, like himself, has, from the pursuits of private life, cast real 
 and enduring lustre upon the American name ! 
 
ERRATA. 
 
 The following bills, disapproved after adjournment of the Le- 
 gislature in 1871, are omitted in their proper place : 
 
 An Act in relation to removing wall benches and constructing 
 vertical and slope walls between Butternut Creek Feeder and 
 Lock Forty-Seven of the Erie Canal. 
 
 Not Approved — Same reasons as against bill in relation to the 
 doubling of the locks on the Western Division. (See page 265). 
 
 An Act to amend an act entitled " An act to provide for the im- 
 provement of the navigation of the Eacket river, and of the hydrau- 
 lic power thereon, and to check freshets therein, passed April 2d, 
 1869. 
 
 Not Approved — Amended on last day of session unexpectedly 
 to parties whose private interests were affected and without a chance 
 of their being heard. 
 
 An Act to amend an act entitled " An act to authorize the town 
 of Wilna, in the county of Jefferson ; the town of Diana, in the 
 county of Lewis ; and the town of Edwards, in the county of St. 
 Lawrence, to issue bonds and subscribe and take, for said towns, 
 capital stock in the Black river and St. Lawrence Eailway Company," 
 passed April 2d, 1868. 
 
 Nor Approved — Eepeals a condition under which subscriptions 
 were originally made, and is unjust to tax payers. 
 
 An Act to provide for a special election to fill the vacancy in the 
 Sixteenth Assembly District of the county of New York, caused by 
 the resignation of James Irving. 
 
 Not Approved — No necessity for bill; resignation being made 
 about close of session, and no extra session to be called. 
 
 Page 254>: Veto of act to incorporate the Lake George Baptist 
 Association erroneously inserted, the Bill having been signed. 
 
 Page 139 : For Storen read Storer, 
 
 Page 377 : For Section, fourth line from bottom of page, read See. 
 
 Page 389 : Line 12, 118,000 should be 188,000. 
 
 66 
 
INDEX 
 
 Academies ahd Colleges, 
 
 Cortland Academy, veto of act in aid of, 73. 
 
 Hungerford Collegiate Institute, veto of act in aid of, 59. 
 
 Jordan Academy and Free School District No. 4, veto of act relative 
 
 to, 61. 
 St. John's College, veto of charter of, 259. 
 Williamsville Academy, veto of act for sale of real estate, 257. 
 
 Addresses, 
 
 Morse, S. P. B., unveiling of statue, 519. 
 
 New Capitol, address at laying of corner stone, 267. 
 
 AGRICULTTTBAL AMD DRIVING PARK ASSOCIATIONS, 
 
 Lenox, veto of charter of, 352. 
 
 Saratoga, veto of act to provide for paying debts of, 146. 
 
 Washington Park, veto of chapter of, 392. 
 
 Albany, 
 
 Excelsior Temple of Honor, No. 23, veto of charter, 43. 
 
 Pire Commissioners, veto of act fixing salary of, 253. 
 
 Lands under Water, veto of act releasing, 139. 
 
 Loan & Trust Co., veto of charter of, 262. 
 
 New Capitol, address at laying comer stone, 267. 
 
 Police Department, veto of act relating to, 347. 
 
 Sixpenny Savings Bank, veto of charter, 362. 
 
 United States building in, veto of act providing for, 350. 
 
 Anitual Messages, 
 
 To Legislature of 1869, 1. 
 To Legislature of 1870, 76. 
 To Legislature of 1871, 173. 
 To Legislature of 1872, 374. 
 (See also Special Messages). 
 
 Assembly, Member of. 
 
 Veto of act to fill vacancy of James Irving, 521. 
 
 Assessment and Taxation, 
 
 Brooklyn, appointment of assessors in, 406. 
 
 Chautauqua County, collection of taxes in, veto of act for, 353. 
 
 Cohoes, confirming act of assessors of, veto of, 151. 
 
 Columbia County, veto of act for correction of assessments in, 73. 
 
524 Index. 
 
 Assessment and Taxation, 
 
 Essex County, veto of act for assessing certain lands in, 155. 
 Franklin County, veto of act relating to non-resident road taxes, 374. 
 Hamilton and Warren, non-resident highway tax, veto of act relating 
 
 to, 346. 
 Industrial Exhibition Company, veto of acts exempting lands from 
 
 253, 375. 
 Jamaica, assessment of damages for taking private lands, veto of act 
 
 relative to, 68. 
 Malone, assessors of, veto of act to increase compensation, 138. 
 New York city, special message in relation to, in, 315. 
 New Tork city, veto of act for relief of Cornelia Townsend from, 343. 
 Oswegatchie, veto of act relative to assessment rolls in, 67, 317. 
 Oswego, valuation of certain lands in, veto of act to fix, 146. 
 Special Messages, in relation to, 199, 339. 
 State Assessors, increase in number, veto of act for, 254. 
 Westchester County, relief from illegal taxation, veto of act for, 210. 
 
 AsyiTjMS AND Hospitals. 
 
 Harlem Hospital, veto of charter of, 247. 
 
 Homoeopathic Insane Asylum, veto of act to raise fund for, 354. 
 Jefferson Medical University, veto of act to establish, 359. 
 Orphan Asylums, veto of act relating to school moneys for, 407. 
 
 Attobney General. 
 
 Opinion of, upon bill for appointment of Judges to hold certain courts, 
 384. 
 
 AVENOBS AND HIGHWAYS. 
 
 Brooklyn, improvement of certain streets, veto of act authorizing, 356. 
 
 Brooklyn, veto of act for improving Banker street, 153. 
 
 Brooklyn, veto of act for improving Fourth street, 151. 
 
 Brooklyn, veto of act for improving North Second street, 70. 
 
 Brooklyn, veto of act for opening Pratt street, 154. 
 
 Browns Tract, road from Lewis County to, veto of a«t, 149. 
 
 Buffalo, to confirm laying out of Genesee street, veto of act for, 143. 
 
 Buffalo Plank road, improvement of West part of, veto of act for, 151. 
 
 Carthage to Lake Champlain, veto of act for repair of, 340. 
 
 Ellicott, veto of act for improvements of roads in, 37. 
 
 Essex and Hamilton, veto of act relating to non-resident taxes in, 359. 
 
 Florence, bounds of highways in, veto of act for location of, 140. 
 
 Fowler, veto of act for constructing highway in, 155. 
 
 Franklin County, veto of act establishing road district, in, 374. 
 
 Goshen, opening of highway in, veto of act for, 148. 
 
 Gouverneur, veto of John Street highway act, 58. 
 
 Great Valley, encroachments at R. R. crossing, veto of act,, relative to, 
 
 131. 
 Greenburgh and Scarsdale, veto of act for improving in, 351. 
 Hamburgh, veto of act to fix bail of highway overseers, 69. 
 Hamilton county, veto of act amendatory of highway act of 1867, 63. 
 Jay, separate district in, veto of act authorizing, 354. 
 
Index. 626 
 
 Atenubs and Hi&hwats, 
 
 Lowville, tax for. In, veto of act authorizing, 343. 
 
 Mamaroneek avenue, veto of act relating to, 380. 
 
 Mount Pleasant, veto of act authorizing construction of, 352. 
 
 Mount Pleasant, veto of act for improving Railroad avenue in, 3S6. 
 
 Newtown, opening of in, veto of acts providing for, 156, 353. 
 
 New York City, regulating certain streets in veto of act for, 349. 
 
 New Xork City, veto of act altering, public drive, 71. 
 
 New York City, veto of act relating to opening, etc., of, 143. 
 
 New York City, veto of West Street widening act, 70. 
 
 Oneida Biver Bead, (Sehroeppel) veto of charter of, 144. 
 
 Opening of Highways, veto of general act for, 353. 
 
 Phillipstown, opening of highway, veto of act authorizing, 349. 
 
 Piseco Lake to Claflin's Tannery, veto of act to construct, 394. 
 
 Port Richmond, improvement of, veto of act authorizing, 363. 
 
 Repair of, veto of general act to raise money for, 353. 
 
 Richmond County, laying out of avenues in, veto of act for, 157. 
 
 Rockland Lake, veto of act for improvement of, at, 359. 
 
 Rossville road, veto of act for extension of, 360. 
 
 Southampton, veto of act discontinuing, 355. 
 
 Stony Creek to Wells town, veto of act to open road, 71. 
 
 Unadilla, sidewalks in, veto of amendatory act, 150. 
 
 Wayne County, improvement of, in veto of act for, 354. 
 
 Westchester and Richmond Counties, veto of act relating to highway 
 
 labor in, 357. 
 Westchester, Fordham and Pelham Avenue, veto of act relative to, 
 
 130, 897. 
 Worcester, separate road district in, veto of act for, 157. 
 Yonkers and Bastchester, veto of act for completion of, 403. 
 
 Banes. 
 
 Commercial Trust and Banking Company, veto of charter of, 361. 
 International Trust and Banking Company, veto of charter of, 361. 
 New York Real Estate Banking Company, veto of charter of, 386. 
 Security, Brooklyn, veto of, charter of, 144. 
 (See cUso Scmng Banks). 
 
 Babrbls, 
 
 Size of, for pacMng fruit, veto of act fixing, 156. 
 
 BENBirr Societies. 
 (See Benevolent, etc.) 
 
 Benevolent, Chabitablb and Litbbaby Societies. 
 American Mutual Association, veto of charter of, 154. 
 Cascade Association, Little Falls, veto of charter of, 308. 
 Excelsior Temple of Honor No. 33, veto of charter of, 48. 
 Harlem Hospital, veto of charter of, 347. 
 
 Journeymen Pork Butchers Union, N. Y., veto of charter of, 353. 
 Lockport Home for the Friendless, veto of act relating to, 395. 
 Mental and Moral Improvement Society Irvington, veto of charter of, 
 157. 
 
526 Index. 
 
 Benevolent, Chaeitable and Liteeary SocrETiBS, 
 
 National Mutual Benefit AsBociatiou, veto of charter of, 130. 
 Peabody, Mutual Benefit Company, veto of charter of, 139. 
 Peoples Mutual Benefit Association, veto of charter of, 249. 
 St. John's College, veto of charter of, 359. 
 United States Mutual Benefit Company, veto of charter of, 137. 
 
 Bkibekt, 
 
 Special Message, recommending legislation as to, 197. 
 
 Brtoges, 
 
 Addison, veto of act providing for re-building of, in, 41. 
 Binghamton, preservation of, veto of act for, 113. 
 Carroll, veto of act to raise money for, 73. 
 Chemimg and Tioga Company, veto of charter of, 143. 
 Cuyler, veto of Tioughnioga river bridge act, 58. 
 Ellicott, veto of act relating to, in, 87. 
 Ellisburgh, veto of act authorizing construction of, in, 75. 
 Fort Edward, road bridge at, veto of act for, 849. 
 General Act to raise money for, veto of, 353. 
 
 Genesee River, bridge between Genesee and Leicester, veto of act re- 
 lating to, 331. 
 Glen's Falls Feeder, veto of act for construction of, at, 895. 
 Great Sodus Bay, veto of act levying tax for, at, 148. 
 Havana, bridge over Fall Street, veto of act for construction of, 350 
 Mechanicsville Company, veto of charter, 355. 
 N. T. and Long Island Company, veto of act amending charter, 69. 
 Phoenix, veto of act for protection of, at, 111. 
 Salmon river, bridge at Fort Covington, veto of act for, 37. 
 Saratoga, veto of act for form bridge in, 395. 
 Staten Island Company, veto of charter of, 69. 
 Syracuse, swing bridge, veto of act providing for, 348. 
 Wayne County, repair of, in, veto of act for, 354. '• 
 
 WellsvUle, tax for, in, veto of act for, 387. 
 Whitehall, canal farm bridge, veto of act authorizing, 117. 
 
 Brooklyn, City of. 
 
 Assessors, veto of act for appointment of, 406. 
 
 Banker Street, improvement of, veto of act for, 153. 
 
 City Charter, veto of amendment of, 406. 
 
 Court House property, veto of act to clear, 400. 
 
 Excise board, veto of act to reorganize, 381. 
 
 Female vagrants, drunkards, etc., veto of act concerning, 355. 
 
 Fourth Street, improvement of, veto of act for, 151. 
 
 Gas Meters, inspector of, veto of act providing, 313. 
 
 Grand Street Savings Bank, veto of charter of, 363 
 
 Green Point Ferry, veto of act relating to running of, 356. 
 
 Health Board, veto of acts relating to, 407, 406. 
 
 Map of, alteration of, veto of act for, 356. 
 
 Nassau Loan and Security Company, veto of charter of, 361. 
 
 Nassau Savings Bank, veto of charter of, 143. 
 
Index. 627 
 
 Bkookltn, City of, 
 
 North Second Street improvement act, veto of, 70. 
 
 Police Courts in, veto of acts relating to, 406, 402. 
 
 Pratt Street, opening of, veto of act for, 154. 
 
 St. John's College, veto of charter of, 359. * 
 
 Security Bank, veto of charter of, 144. 
 
 Van Brunt Street and Erie Basin R. R., veto of act increasing fare, 407. 
 
 Washington Savings Batik, veto of charter of, 263. 
 Cakai Boabd, 
 
 {See Oanais). 
 
 CASMi Beedgbs, 
 {See Bridges). 
 
 Canai Claims, 
 
 {See Oanal damages). 
 
 CAUAL COMMIBBIOirBIlB, 
 
 {See Ganais). 
 
 Canal Damages, 
 
 Anthony, Peter W., claim for, veto of, 139. 
 
 Backer, Esther, claim for, veto of, 139. 
 
 Becker, George, claim for, veto of, 139. 
 
 Benson, Benjamin, claim for, veto of, 139. 
 
 Bissell, Edwin B., claim for, veto of, 139. 
 
 Blood, John D., claim for, veto of, 189 
 
 Burrows, Roswell T., claim for, veto of, 139. 
 
 Carney, James, and others, claim for veto of, 139. 
 
 Christian Church, Tonawanda, claim for, veto of, 139. 
 
 Clark, Erskine Gf^., claim for, veto of, 139. 
 
 Cotter, Daniel, claim for, veto of, 139. 
 
 Cutler, Stillman, claim for, veto of, 139. 
 
 Davis, Ghiy, claim for, veto of, 139. 
 
 Fitzpatrick, John, claim for, veto of, 122. 
 
 Flood, Jeremiah, claim for, veto of, 139. 
 
 Frantz, Ferdinard, claim for, veto of, 237. 
 
 Fraser, Charles B., and others, claim for, veto of, 139. 
 
 Grattan, Patrick, and others, claim for, veto of, 149. 
 
 Green, Charles H., and others, claim for, veto of, 189. 
 
 Hendricks, George, and others, claim for, veto of, 189. 
 
 Howard, George, claim for, veto of, 394. 
 
 Jackson, Noble, and others, claim for, veto of, 139. 
 
 Loveland, Joseph D., and others, claim for, veto of, 139. 
 
 McGiiire, Thomas, claim for, veto of, 139. 
 
 Reynolds, Valentine, and others, claim for, veto of, 189. 
 
 Robinson, Peter, heirs of, claim for,, veto of, 255. 
 
 Sackett, Wm. A., claim for, veto of, 264. 
 
 Schaub Jacob, claim for, veto of, 255. 
 
 Seymour, Henry J., claim for, veto of, 139. 
 
 Smith, Charles, and others, claim for, veto of, 139. 
 
 Smith, Charles C, claim for, veto of, 139. 
 
628 Index. 
 
 Ca'sai. DAmaqbs, 
 
 Snook, Clark, claim for, veto of, 141. 
 
 Storer, Michael, and others, claim for, veto of, 139. 
 
 Syracuse City, claim fot, veto of, 139. 
 
 White Aaron, claim for, veto of, 189. 
 
 Williams, George, and others, claim for, veto of, 139. 
 
 Wright, Luther, and others, claims for, veto of, 189, 363. 
 
 Casals. 
 
 Canal Boats, injury to, on, veto of act for relief of Ferdinand Frantz,237. 
 
 Canal Boats, veto of act relating to registry of liens upon, 400. 
 
 Canal Commissioners, veto of act to give additional power to, 263. 
 
 Cayuga and Seneca, veto of act authorizing Culvert at Waterloo, 359. 
 
 Chenango, veto of act relating to contract for work upon, 399. 
 
 Erie, improvement of, near Butternut Creek Feeder, veto of act for, 531. 
 
 Erie, veto of act relating to doubling locks on Western division of, 265. 
 
 Superintendents of repairs on, veto of act to abolish, 363, 
 Cemeteries. 
 
 Barnes Comers Association, veto of charter of, 154 
 
 Cayuga and Jefferson Counties, veto of act for acquiring lands for, 134. 
 
 Cherry Creek, veto of act relating to, 354. 
 
 Clarkson, veto of charter of , 349. 
 
 Evan's Mills, veto of act to raise money for ffencing, 141. 
 
 Prewsburgh Association, veto of charter of, 153. 
 
 Lyons, veto of act providing annual tax for, 163. 
 
 New Baltimore, veto of charter of, 893. 
 
 Oneida County, veto of act for acquiring lands for, 158. 
 
 Quiucy Association, purchase of lands, v«to of act for, 393. 
 
 Quincy Association, veto of charter of, 393, 
 
 Charitable Societies. 
 
 {See Benevolent and Oha/ritdble). 
 
 Cities. 
 
 Auburn, veto of act enlarging boundaries of, 339. 
 
 Binghamton, charter amended as to schools, veto o^ 396. 
 
 Brooklyn, veto of act to amend charter, 406. 
 
 Cohoes, amendment of charter as to schools, veto of, 158. 
 
 New York, elections in, veto of acts relating to, 373, 387. 
 
 New York, veto of charter of, 353, 391. 
 
 Kome, charter amended as to recorder, veto of, 394. 
 
 Watertown, veto of act amending charter, 400, 
 
 Claims. 
 
 Calrow, Richard, Jr., veto of act for relief of, 143. 
 
 De Graff, Simon and others, audit of, veto of act for, 331. 
 
 Ferris, Robert M., veto of act for payment of bounty to heirs of, 348. 
 
 Frantz, Ferdinand, veto of claim of, 337. 
 
 Howard, George, veto of act for relief of, 394. 
 
 Humphrey, John M., veto of land claim ot^ 145. 
 
 New York City, audit of, special message relating to, 333. 
 
 New York city, veto of act for settlement of, 407. 
 
Ihdbx. 329 
 
 Code of Peocddtjee, 
 
 Amendment of, veto of act for, 158, 363. 
 Coin, 
 
 Payment of State debt in, recommepdation for, 108. 
 
 COLLBGBB, 
 
 {See Aeademiea), 
 
 Commutations of SbntJ!ScIb, 
 (See Pardons). 
 
 Concealed Weapons, 
 
 Veto of act relative to, 398. 
 
 CON&RBSSIONAl ApPOBTIONMENT, 
 
 Veto of act dividing State into districts, 388. 
 
 Convicts, 
 
 Commutation of sentence for good conduct, veto of amendatory act, 68. 
 Kings Cotmty, senteijce of, in, veto of act relating to, 403. 
 Pardon of, Governor's message relating tp, 409, 434, 460, 483. 
 
 COBONEBS, 
 
 Erie County, veto of act providing of, for election^ by districts, 130. 
 
 County Clbbks, 
 
 Monroe County, veto of act authorizing assistant deputies in, 303. 
 New York, veto of act relating to docketing of jud^ents, etc., by, 398. 
 Offices of, closing of, on hoUdays, veto of act for, 318. 
 Queens County, new indices for, veto of act for, 333. 
 
 County Tbbasubebs, 
 
 Oneida and Sobobarie Counties, veto erf act in relation to salary of, 115. 
 Kensselaer County, ve^o of act increasing salary of, 354. 
 Ulster County, veto of act relating to fees of, 399. 
 
 CouBT Housbb, 
 
 Kings County, veto of act to clear and regulate property, 400. 
 
 COUBTS. 
 
 Brooklyn, Police Courts, veto of act lelaitingto, 403, 406. 
 
 Code of Procedure, veto of acts amending, 363, 158. 
 
 Curtis, George M., Specia,l Message recommending removal of, 333. ' 
 
 Kings County, attendants &c., for, veto of acts providing^ 361, 403. 
 
 Kings County, sentence of convicts, by, veto of act relating to, 403, 
 
 Kings County, veto of act to provide Desputy Clerk in General Sessions, 
 
 398. 
 McCuna, John H., special messstge recommending removal of, 331. 
 New York city, additional Clerks for district courts, veto of act for, 312. 
 Oyer and Terminer, holding of courts and assignment of judges, veto 
 
 of act for, 383. 
 Prindle Horace G., special message lecommendiQg removal of, 333. 
 Rome, veto of act increasing salary of Recorder, 394. 
 Utica, veto of a«t ineieasing salary of Recorder, 336. 
 
 67 
 
530 Index. 
 
 Deposit Compaotbs, 
 {See Safe Deposit). 
 
 DiBTKICT ATTOENBYS, 
 
 Washington County, veto of act providing for Assistant, 110. 
 
 Docks and Piebs, 
 
 Albany, veto of act releasing lands under water, 139. 
 BasMord Georgiana, veto of act confirming patents for, 119. 
 Garter, Julian, and others, veto of aCt authorizing erection of, by, 118. 
 Chamberlain, Wm., and others, veto of act confirming patents for, 119. 
 Oswego Company, veto of charter of, 63. 
 
 Doas, 
 
 Rockland County, veto of act to restrain running at large of, in, 70. 
 
 DOWBK, 
 
 Recovery of, veto of act in relation to, 394. 
 
 Deainagb, 
 
 Cicero and Clay, veto of special act for, in, 156. 
 General Act, veto of amendment of, 153, 400. 
 
 Deiting Park Associationb, 
 (See Agricultural Societies). 
 
 Elections, 
 
 New York City, veto of acts relating to, in, 373, 387. 
 
 Emigeation, Commissioners of. 
 Veto of act creating board of, 401. 
 
 Escheats, 
 
 Baldwin, Timothy, Jr., veto of act releasing State title to, 376. 
 
 Excise, 
 
 Brooklyn Board of, veto of acts for reorganization of, 381, 396. 
 
 General Excise law, veto of acts amending, 396, 397. 
 
 Indian Reservations, veto of act regulating sale of liquors upon, 74. 
 
 Licences, veto of act relating to revocation of, 73. 
 
 Liquors, sale of, veto of act providing for a vote on, 397. 
 
 Feeet Companies, 
 
 Green Point, act in relation to ferry boats of, veto of, 356. 
 
 Fibs, Hook and Laddbe Companies, etc., 
 
 Albany, Salary of Fire Commissioners, veto of act giving, 353. 
 Cascade Fire Company No. 1, Little Falls, veto of charter of, 154, 308. 
 Dunkirk, purchase of fire engine, veto of act authorizing, 255. 
 Eagle Hose Company, No. 3, Buffalo, veto of charter of, 157. 
 Flatbush Fire Company, veto of act for purchase of hose for, 140. 
 Monhagen Hose Co., No. 1, Middletown, veto of charter of, 361. 
 Ours Hose Company, No. 4, Blmira, veto of charter of, 44. 
 Protection Hose, No. 3, Binghamton, veto of charter of, 146. 
 Protectives, No. 1, Rochester, veto of act amending charter, 251. 
 Rescue Hook and Ladder Company No. 1, Bath, veto of charter of, 44. 
 
Ikdex. 531 
 
 Fire Insttkancb, 
 (See Insurance). 
 
 Game Laws, 
 
 General act, veto of amendatory acts, 397, 366, 307. 
 
 (Jab Light Companies, 
 
 Frontier, Watertown, veto of charter of, 145. 
 
 GloversviUe, veto of charter of, 253. 
 
 New York City, veto of charter of company in, 146. 
 
 Gas Metebs, 
 
 Inspection of, etc., veto of amending act, 313. 
 
 Halls ahd Hall Asbociatioits, 
 
 Hopkinton, veto of act levying tax in, for, 235. 
 Newark, veto of act providing for public hall in, 144. 
 
 Highways, 
 
 {See Avemies omd Eigliwa/ys). 
 
 Hook aito Ladder Companies, 
 {See Mre, Hook and Ladder). 
 
 HOSPITAIS, 
 
 {See Asylums). 
 
 Hotel Companibb, 
 
 Associated, veto of act amending charter of, 256. 
 
 Improvement Companies, 
 
 Baywood Land, veto of charter of, 250. 
 International, veto of charter of, 263. 
 National, veto of charter of, 360, 
 
 Indians, 
 
 Allegany and Cattaraugus reservations, veto of act relating to sale of 
 
 liquors in, 74. 
 Seneca Nation, veto of act confirming leases to, 357. 
 Skenandoah, Christine, veto of act to settle claims of heirs of, 141. 
 
 Insane, 
 
 Homooepathic Asylum, Middletown, veto of act concerning, 354. 
 
 New York dty, veto of act relative to, in, 348. 
 
 Saratoga County, removal of, to Co. Poor House, veto of act for, 140. 
 
 Instjkancb Companies, 
 
 American Popular Life, veto of act amending charter of, 156. 
 
 Bethlehem Mutual, veto of act to ratify proceedings of, 68. 
 
 Foreign companies, veto of act in relation to, 160. 
 
 Insurer's Indemnity Company, veto of act amending charter of, 360. 
 
 Life companies, veto of act to restore reserve of, 397. 
 
 Mutual Fire, New York city, veto of act amending charter of, 343. 
 
 North and Bast Greenbush, veto of act extending provisions as'to, 116. 
 
 People's Mutual Benefit, veto of charter of, 349. 
 
582 INDBX. 
 
 Inbttbancb Companies, 
 
 Progress Health, veto of charter of, 354. 
 Republic Life and Trust company, veto of charter of, 257. 
 Saratoga county Mutual Fire, veto of act to revise charter of, 157. 
 Town Companies, veto of amendatory act, 400. 
 
 iNTBMPBKAirCB, 
 
 {See Meaise). 
 
 JirSTICES OF THE PHACJE, 
 
 Deer Park, election of additional, in, veto of act for, 158, 309. 
 Greig, veto of act confirming election of Wm. Seymour, in, 37^ 
 LowvUle, filling of vacancies of, in, 39. 
 Vacancies in oflSce of, veto of act for filling, Sfl. 
 Verona, election of additiomajj in, TeitiQi of act fei; 349: 
 
 Lands undbb WAtSat, 
 (See Docks). 
 
 Le&al Notices, 
 
 Publication of, veto of act relating to, 40Qi 
 
 Lbttbks, 
 
 On ninety-fourth Anniversary of Independence, 513. 
 
 Life and Health Insubance, 
 {See Insitranee). 
 
 Life Saving Station, (LdisTG Island), 
 Veto of act to provide sites for, 394. 
 
 LiQTJOBS, Sale of, 
 {See Excise). 
 
 LiTEKAKT Societies, 
 (See Benevolent, etc). 
 
 Loan ani^ Trust Companies, 
 Albany, veto of charter of, 363. 
 Anglo-Americai, veto of chaiTter of, 383; 
 BSinkerS; New York City, veto of charter of, 363. 
 City, (New York City,) veto of act amending charter of, 357. 
 Commercial Trust and Banking, veto of charter of, 361. 
 Continental, veto of charter of, 361. 
 Co-operative Savings and. Loan, veto of charter of, 359. 
 Eagle Trust, veto of charter of, 263. 
 Equitable, veto of charter of, 361. 
 International Improvement, veto of charter of) 368. 
 Internatianal Trust and Banking, veto of charter of, 361. 
 Island City Trusty veto of charter of, 263. 
 Johnstown.) veto of charter of, 363. 
 Knickerbookerj New York City, veto of charter of, 330i 
 Manhattan Indemnity and Loan, veto of charter of, 261. 
 Manhattan* New York City, veto of charter o^ 395. 
 
Index. 533 
 
 hOAN ANT) TrtjBT CoMPAKIBS, 
 
 Mutual Loan and Depositors' Institution, N. Y. City, veto of charter of, 
 
 143. 
 Mutual Trust Institution, veto of charter of, 262. 
 Nassau Loan and Security, veto of charter of, 261. 
 National Security and Trust Company, veto of charter of, 261. 
 New York City Life, Policy and Guaranty, veto of charter of, 262. 
 New York Musical Instrument Saving and Loan Society, veto of chai^ 
 
 terof, 218. 
 New York Stat% veto of charter of, 258. 
 Phoenix Trust, New York City, veto of charter of, 262. 
 Repuhlic Life Insurance and Trust Company, veto of charter Of, 257. 
 Safe and Trust Company, Buffalo, veto of charter of, 395. 
 South Brooklyn, veto of charter of, 261. 
 Workingmen'B Friendly Society, veto of chartei of, 249. 
 
 LOCK-tTPS AND VlLLAGB PbISONS, 
 
 Charlotte, veto of act authorizing erection of, 152. 
 Medina, veto of act authorizing erection of, 206. 
 
 Lunatics, 
 
 (See Inaaney 
 
 Mantdfacturing and MiNraa Companies', 
 
 Dairymen's Association, veto of charter of, 392. 
 General act fbr formation of, veto of aflHending' acts, 148, 258, 393. 
 Hopkinton Manufacturing Company, veto of act for relief of, 127. 
 Knox Railway Clamp Company, veto of act to change name, 156. 
 Smith & Parmelee Gold CMnpaany, veto of act authorizing issue of pre- 
 ferred stock, 373. 
 
 Mabebts, 
 
 New York city, veto of act for erection of.^in 21st ward of, 7L. 
 New York city, veto of act for erection of, in 13th ward of, 138. 
 
 Mechanics' Libns. 
 
 New York city, veto of act amending lien lam, 149i 
 
 MBDicAii Laws, 
 
 General act relative to, veto of, 403. 
 Jefferson Medical University, veto of charter of, 259. 
 Medical Profession, Standard of, veto of act to elevate, 150. 
 Medicine, prescriptions for, veto of act relating to, 248. 
 Physic and Surgery, veto of act concerning practice of, 2581 
 
 Messages of Governor, 
 
 (See Armual Messages and Special Messages). 
 Metropolitan Police Board, New York City, 
 
 President protempore of, veto of act authorizing, 40. 
 
 Steam boilers, inspection of, veto of axsl conferring power upon, 74. 
 
 MlIilTART, 
 
 (See Soldiers). 
 
534 Index. 
 
 MlLITAKT BOTUSTTY, 
 
 Ferris, Robert M., veto of act to provide payment of, to heirs of, 348. 
 
 Mining Companies, 
 {See MamifactuHng). 
 
 Minors, 
 
 Better protection of, veto of amendatory act, 138. 
 
 MOKTGAQES, 
 
 Canal Boats, veto of act relating to liens on, 400. 
 Richmond County, satisfaction of, veto of act for recording of, in, 247. 
 Surplus moneys, veto of act amending act of 1868, in relation to, oa 
 foreclosure of, 70. 
 
 Municipal Cokporations, 
 
 Officers and agents of, protection from fraud by, veto of act for, 336. 
 
 Musical Societies, 
 (See Social, etc.). 
 
 New Toek City, 
 
 Anglo American Loan and Trust Company, veto of charter of, 263. 
 
 Arcade Railroad, veto of charter of, 163. 
 
 Associated Hotel Company, veto of act amending charter of, 256. 
 
 Association of the Bar, veto of charter of, 151. 
 
 Avenue C. Railroad, veto of act authorizing extension of, 55. 
 
 Avenues, Streets, &c., veto of act relating to opening of, 143. 
 
 Banker's Loan and Trust Company, veto of charter of, 262. 
 
 Central Park, veto of act altering drive in, 71. 
 
 Central Savings Bank, veto of act reviving charter of, 233. 
 
 Charter of city, veto of, 353, 391. 
 
 City Loan and Trust Company, veto of act amending charter, 257. 
 
 Claims and Salaries, audit and payment of, special message concerning, 
 
 323. 
 Claims, settlement of, veto of act relating to, 407. 
 Commercial Credit Guaranty Company, veto of charter of, 153. 
 Commercial Travellers' Association, veto of charter of, 260. 
 Commercial Trust and Banking Company, veto of charter of, 361. 
 Commissioners of Emigration, veto of act creating board of, 401. 
 Consolidation of City and County Government, veto of act for, 399. 
 Contagious diseases, veto of act to prevent spread of, 248. 
 Continental Loan and Trust Company, veto of charter of, 261. 
 Com Exchange, Warehouse Company, veto of charter of, 148. 
 County and City Government, veto of act to consolidate, 399. 
 Curtis, George M., special message recommending removal of, as Judge 
 
 in, 332. 
 District Courts, additional Clerks for, veto of act for, 212. 
 Eighth Ward Savings Bank, veto of charter, 149. 
 Elections in, veto of acts relating to, 372, 387. 
 Equitable Loan and Trust Company, veto of charter of, 261. 
 Expressmen's Savings Bank, veto of charter of, 249. 
 Farmers' and Mechanics' Savings Bank, veto of charter of, 262. 
 Fifth Avenue Savings Bank, veto of charter of, 74, 145. 
 
Inde^. 585 
 
 New Toek Citt, 
 
 Financial Condition of, special message relating to, 315. 
 Forty-Second and Grand Ferry E. E., veto of act authorizing extension 
 
 of track in West 34tli Street, 256. 
 Fulton Savings Bank, veto of charter of, 245. 
 (Jas Light Company, veto of charter of, 146. 
 Gfas Meters, Deputy Inspectors of, veto of act authorizing, 313. 
 
 Green Point Ferry, veto of act relating to, 256. 
 
 Harlem Hospital, veto of charter of, 247. 
 
 Harlem Yacht Club, veto of charter of, 69. 
 
 Health, better protection of, veto of act for, 247. 
 
 Industrial Exhibition Company, veto of act exempting lands of, from 
 taxation, 258, 875. 
 
 Insane, Idiots, etc., veto of act relative to, 248. 
 
 Insurers' Indemnity Company, veto of act amending charter, 260. 
 
 lone Yacht Club, veto of charter of, 151. 
 
 Irving, James, veto of act to fill vacancy of, as Member of Assembly, 531. 
 
 Journeyman Pork Butchers' Union Benevolent Society, veto of charter 
 of, 252. 
 
 Judgments and decrees, veto of act for docketing of, 398. 
 
 Knickerbocker Loan and Trust Company, veto of charter of, 330. 
 
 Leaf tobacco, veto of act regulating sale of, 373. 
 
 Life, Policy, Guaranty, Loan and Trust Company, veto of charter of, 363. 
 
 Local Government of, veto of act reorganizing, 891, 253. 
 
 McCmm, John H., special message recommending removal of, as Judge 
 in, 333. 
 
 Manhattan Indemnity and Loan Company, veto of charter of, 361. 
 
 Manhattan Loan and Trust Company, veto of charter of, 395. 
 
 Manure, deposit of, veto of act in relation to, 247. 
 
 Map or plan of, veto of act for alteration of, 148. 
 
 Market in 13th Ward, veto of act authorizing, 138. 
 
 Market in 21st Ward, veto of act authorizing, 71. 
 
 Mechanics' lien law, veto of act amending, 149. 
 
 Metropolitan Nautical Institute, veto of charter of, 351. 
 
 Metropolitan Police Board, veto of act authorizing president pro tem- 
 pore of, 40. 
 
 Mutual Fire Insurance Company, veto of act amending charter of, 243. 
 
 Mutual Loan and Depositors Institution, veto of charter of, 148. 
 
 National Book Exchange, veto of charter of, 251. 
 
 National Improvement Company, veto of charter of, 360. 
 
 National Mutual Benefit Association, veto of charter of, 180. 
 
 New Charter for, veto of, 353, 891. 
 
 New York Advertising Company, veto of charter of, 153. 
 
 New York and Long Island Bridge Company, veto of act amending 
 charter of, 69. 
 
 New York Annuity Company, veto of charter of, 158. 
 
 New York Coal Exchange, veto of charter of, 358. 
 
 New York Eail Eoad Company, veto of charter of, 75, 336. 
 
 New York Eeal Estate Banking Company, veto of charter of, 236. 
 
5Q6 Indbx. 
 
 Nbw York City, 
 
 New York State Loan and Trust Company, veto of act amending 
 
 charter of, 258. 
 Oyer and Terminer, veto of act relating to stenographic notes of, 353. 
 Peabody Mutual Benefit Company, veto of charter of, 139. 
 People's Mutual Benefit Association, veto of charter of, 349. 
 Phoenix Trust Company, veto of charter of, 363. 
 Pneumatic Tube Railway, veto of acts relating to, 319, 378. 
 Progress Health Insurance Company, veto of charter of, 354. 
 Railroad in 135th Street, veto of charter of, 46. 
 Register's Office, closing of, on holidays, veto of act for, 318. 
 Republic Life Insurance and Trust Company, veto of charter of, 357. 
 Seventeenth Ward Savings Bank, veto of charter of, 263. 
 State Arsenal in, veto of act relating to claim of Richard Calrow, 
 
 Jr., 142. 
 Steam boilers, veto of act relating to inspection of, 74. 
 Stock Exchange, veto of acts to establish, 140, 363. 
 Streets in, voto of act relating to opening of, 408. 
 Streets in, veto of act to provide for improvement of, 349. 
 Townsend, Cornelia, veto of act for relief of, from assessment, 343. 
 Vagrants in, veto of act concerning, 353. 
 West Street, veto of act for widening of, 70. 
 Workingmen's Friendly Society, veto of charter of, 249. 
 
 Nuisances, 
 
 Prevention of, near public schools, veto of act for, 73. 
 
 Pabdons AMD Commutations, 
 
 Report of reasons for panions grajated in 1869, 409. 
 Report of reasons for pardons granted in 1870, 484. 
 Report of reasons for pardons granted in 1871, 460. 
 Report of reasons for pardons granted in 1872, 483. 
 
 Parks, 
 
 New York city, Central Park, veto of act altering public drive, 71. 
 New York city, opening of certain, veto of act concerning, 143. 
 Richmond county, to authorize laying out of, in, 153. 
 
 Patent Rights, 
 
 Saie of, to prevent fraud in, veto of acts, 355, 394. 
 Piers, 
 
 {See Docks). 
 
 Plank Roads, 
 
 Buffalo, veto of act for improving part of road, 151. 
 
 Webster, veto of act to extend charter of, 135. 
 
 White's Corners and Buffalo, veto of act to extend charter of, 123 
 Police, 
 
 Albany Police Commission, veto of act relating to, 347. 
 
 Metropolitan, veto of acts relating to, 40, 74. 
 
 Richmond county, veto of act to establish, 402. 
 
Index. 537 
 
 Poor, 
 
 Albany, veto of act conferring power on Overseer of, 396. 
 
 Destitute emigrants, veto of act relating to support of, 401. 
 
 Brie County, veto of act relating to, in, 399. « 
 
 Lockport Home for Friendless, veto of act for support of, in, 395. 
 
 Rensselaer County, veto of act relating to support of, in, 259. 
 
 Saratoga county, care of insane persons in Poor House, veto of act for, 
 
 140. 
 Schenectady County, veto of act confirming election of superintendent 
 
 of, 384. 
 
 Pbisons, 
 
 (See State Prisons anH Lock-v{ps). 
 
 Public Opficebs, 
 
 Fraud and embezzlement by, protection from, veto of act for, 336. 
 
 Bailboadb, 
 
 Adirondack, veto of act autborizlng bonding of Clifton for, 153. 
 
 Adirondack, veto of acts in aid of, 130, 264. 
 
 Allegany and other counties, veto of railroad bonding act for, 73. 
 
 Arcade EaUway, New York city, veto of charter of, 163. 
 
 Black Biver and St. Lawrence, veto of bonding act for, 521. 
 
 Bonding Act (General), veto of amendatory acts, 145, 152, 350. 
 
 Buffalo and Washington, veto of act for acquiring right of way in 
 
 Olean, 69. 
 Buffalo and Washington, veto of act in aid of, 135. 
 Buffalo, Corry and Pittsburgh, veto of act to extend, 399. 
 Carthage, Watertown and Sacketts Harbor, veto of act la aid of, 136. 
 Cattaraugus, veto of act in aid of, 137. 
 Baston, town of, veto of act to authorize bonding for, 136. 
 Great Valley, veto of act to prevent encroachments of highways by, 121. 
 Hector, veto of act authorizing part of town to bond for, 155. 
 Hunter & Jewett, towns of, veto of act to authorize bonding_for, 250. 
 Matteawan to Fishkill, veto of act amending charter of, 144. 
 New York and Oswego Midland, veto of acts in aid of, 136, 264. 
 New York city, tracks in West 34th street, veto of act authorizing, 256. 
 New York city, veto of Avenue C, extension act, 55. 
 New York city, veto of charter of 125th street railroad in, 46. 
 New York Hail Boad Company, veto of charter of, 75, 326. 
 Owego, veto of charter of, 352. 
 
 Paris, election of Commissioners in, veto of act for, 150. 
 Pine HUl, tunnel, veto of act in aid of construction of, 136. 
 Pneumatic tube. New York dty, veto of acts relating to, 219, 878. 
 Queensbury, veto of act authorizing loan to, for, 150. 
 Schoharie Valley, veto of act to facilitate extension of, 69. 
 Staten Island North Side, veto of charter of, 247. 
 Unfinished railroads, veto of act in aid of, 264. 
 Union VUlage and Johnsonville, veto of bonding act for, 136. 
 68 
 
638 Index. 
 
 RArLBOADS, 
 
 Utica and Black river, veto of iDondiiig act for, 76. 
 
 Utica, Chenango and Cortland, veto of act for extension of, 340. 
 
 Whiteliall and Plattsbnrgh, veto of acts in aid of, 50, 136. 
 
 Rbcokdbks, 
 
 Rome, veto of act increasing salary of, 394. 
 Utica, veto of act increasing salary of, 336. 
 
 RKIilGIOTJS COEPOBATIONS AND SOdETlBS. 
 
 American and Foreign Bible Society, veto of act relating to, 350. 
 Genesee Annual Conference, veto of act amending charter of, 70. 
 Quilderland, Reformed Church, veto of act allowing sale of lands of, 158. 
 Northville, veto of act authorizing M. E. ChviTch to convey lands, 343. 
 Perry, 1st Presbyterian Church, veto of act authorizing sale of real 
 
 estate of, 36. 
 Poughkeepsie, 1st Congregational Church, veto of act changing name 
 
 of, 889. 
 Tompkinsville M. E. Church, veto of act changing name of, 304. 
 
 Rbpribvbs, 
 
 (See Pardons). 
 
 RivBRS And Stbkams, Impeovembnt of, 
 
 Indian River, veto of act declaring a public highway, 350. 
 Mill Brook, veto of act for improvement of, 74. 
 Oswegatchie river, veto of act for erecting breakwater on, 353. 
 Oswego river, channel of, veto of act to restore, 73. 
 Racket river, veto of act for improving, 521. 
 
 Roads, 
 
 {See Avenuei and Sighwaya). 
 
 RtTRAIi CbMETBBIBS, 
 
 {See Cemeteries). 
 
 Safb Deposit Companies, 
 
 International Employment Guaranty, veto of charter of, 361. 
 
 Rochester, veto of act amending charter of, 395. 
 
 Safe Deposit and Trust Company, Buffalo, veto of charter of, 395. 
 
 Savings Banks, 
 
 Central, New York City, veto of act reviving charter of, 333. 
 
 Co-operative Savings and Loan Association, veto of charter of, 359. 
 
 Eighth Ward, New York City, veto of charter of, 149, 
 
 Expressmen's New York City, veto of charter of, 349. 
 
 Farmers' and Mechanics,' New York City, veto of charter of, 363. 
 
 Farmers' and Mechanics,' Schenectady, veto of charter of, 145. 
 
 Fifth Avenue, veto of charter of, 74, 145. 
 
 Pulton, New York City, veto of charter of, 345. 
 
 Gleneida, veto of charter of, 335. 
 
 Gloversville, veto of charter of, 355. 
 
 Grand Street, Brooklyn, veto of charter of, 363. 
 
 Hamilton, veto of act amending charter of, 154. 
 
Index. 639 
 
 Sayings Banks, 
 
 Haverstraw, veto of charter of, 154. 
 
 Jamestown, veto of charter of, 254. 
 
 Long Island City, veto of charter of, 362. 
 
 Mechanics', Troy, veto of charter of, 262. 
 
 Nassau, Brooklyn, veto of charter of, 143. 
 
 Port Chester, veto of act amending charter of, 844 . 
 
 Port Richmond, veto of charter of, 263. 
 
 Railroad Bonds, veto of act authorizing investments in, by, 152. 
 
 Seventeenth Ward, New Tork city, veto of charter of, 263. 
 
 Sixpenny, Albany, veto of, charter of, 362. 
 
 Southern Tier, Blmira, veto of act amending charter of, 346. 
 
 Washington, Brooklyn, veto of, charter of, 362. 
 
 Schools, 
 
 Benton, veto of act for erection of school house in, 357. 
 
 Binghamton, amendment of charter, veto of, 396. 
 
 Castleton, Richmond Co., District No. 4, veto of act for building 
 
 school-house, in, 201. 
 Clarence, veto of act for levying tax in, etc., 377. 
 Deerpark, veto of act authorizing Board of Education to license 
 
 teachers, 258. 
 Elbiidge, free school district No. 4, veto of act relative to, 61. 
 Huntington, sale of school-house, veto of act for, 397. 
 Johnstown, Union graded school, veto of act to establish, 65. 
 Madrid, veto of act authorizing District No. 1, to borrow money, 248. 
 Newburgh, veto of act relating to, 898. 
 
 Niagara, term of trustees of District No. 7, veto of act charging, 155. 
 Nuisances, prevention of, near public schools, veto of act for, 73. 
 Orphan Asylums, veto of act relating to education in, 407. 
 Saratoga Springs, veto of amendatory school act, 140. 
 Troy, veto of act to organize school board in, 399. 
 White Plains, veto of act for consolidation of, in, 141. 
 
 Shbbipfs, 
 
 Offices of, closing of, on holidays, veto of act for, 218. 
 
 Social and Rbcbbativb Clubs and Socibties. 
 
 Canton Lodge, No. 558, Good Templars, veto of charter of, 154. 
 
 Excelsior Temple of Honor, No. 33, Albany, veto of charter of, 43. 
 
 General Act, extended to detective societies, veto of, 393. 
 
 Harlem Yacht Club, veto of charter of, 69. 
 
 Idlewild Temperance Association, Cornwall, veto of charter of, 238. 
 
 Immaculate Conception Total Abstinence Beneficial Society, Yonkers, 
 
 veto of charter of, 349. 
 lone Yacht Club, veto of charter of, 151. 
 New York Musical Instrument Saving and Loan Society, veto of 
 
 charter of, 318. ' 
 
 Teutonia Singing Society, Winfield, veto of chanter of, 361. 
 
540 Index. 
 
 Soldiers, 
 
 St. Lawrence County, veto of act for erection of Monument for, in, 123. 
 Soldiers' Home, Albany, special message recommending appropriation 
 
 for, 34. 
 Veteran Association Corcoran Irish Legion, veto of charter of, 360. 
 
 Special Messages, 
 
 Acts of the Legislature, interpolations in and alterations of, Special 
 
 Message relating to 325. 
 Assessment and Taxation, in relation to, 199, 829. 
 Bribery, recommending amendment of constitution as to, 197. 
 Curtis, George M,, special message recommending removal of, as 
 
 Judge, 332. 
 McCunn, John H., special message recommending removal of, as Judge, 
 
 332. 
 Morse, Samuel F. B., special message on death of, 331. 
 New York city, audit and payment of claims in, special message on, 
 
 323. 
 New York city, financial condition, of relating to, 315. 
 Pardons, reports to Legislature concerning, 409, 434, 460, 483. 
 Prindle, Horace G., special message recommending removal of, as, 
 
 Judge, 331. 
 
 Soldiers' Home, recommending appropriation for, 34. 
 State debt, payment in coin, recommendation for, 108. 
 State Prison accomodations, relative to, 33. 
 Statues for National Capitol, special message relating to, 330. 
 Villages, recommending general act for incorporation of, 107. 
 
 Speeches. 
 
 New Capitol, laying of Corner Stone of. Address at, 267. 
 , Unveiling of Morse's Statue, speech on occasion of, 519. 
 
 State Assessors, 
 
 Veto of act to increase number of, 254. 
 
 State Debt, 
 
 Payment of, in coin, message recommending, 108. 
 
 State Paper, 
 
 Publication of certain notices in counties, veto of, 400. 
 
 State Prisons, 
 
 General Act in relation to, veto of amendments, 255, 398. 
 Purchases and sales by, veto of act relating to, 398. 
 Special Message, recommending erecting of new prison, 33. 
 {See also Pa/rdons). 
 
 Stenographers, 
 
 Code of Procedure, veto of act relating to, 158. 
 
 New York City, compensation of, in courts of Oyer and Terminer, veto 
 
 of, 353. 
 Onondaga County, appointment of, in, veto of act for, 250. 
 Surrogates' Courts, 2d and 3d, Districts, veto of act for employment, 341. 
 
ISDEX. 541 
 
 Streets, 
 
 (See ADenues and Sighieays). 
 
 SlJPERVlSOEB, 
 
 Albany Cotftity, veto of act relating to salary of, 134. t 
 
 Oneida County, veto of act relating to salary of, 350. 
 Owego, election of additional nxtmber, iQ, veto of act for, 59. 
 
 StIBBOaATBB, 
 
 Courts of, veto of act relating to costs in, 360. 
 
 Stenographers in Courts, in 3d and 3d Districts, veto of act authorizing 
 
 341. 
 Wills, proof of, &o., veto of amenffing act, 396. 
 Taxation, 
 
 (See Assessment). 
 
 Tempebancb Societies, 
 (See Social, <6c.). 
 
 Town Halls, 
 (See Sails). 
 
 Tovra Mbetings, 
 
 Hempstead, veto of special act in relation to, 74. 
 Lenox, election of Town Auditors at, veto of act for, 841. 
 Newtown, veto of act to hold, by districts, in, 153. 
 Newtown, veto of Special Act relating to, in, 350. 
 Sodus, veto of act to hold, by districts, in, 45. 
 
 Transportation Companies, 
 
 Buffalo and N. T. Oil Tankage, veto of charter of, 393. 
 
 Trust Companies, 
 
 (See Loan OoTnpanAee). 
 
 Tunnels, ' 
 
 N. T. Company, veto of acts relating to, 363, 398. 
 Pine HiU, veto of act in aid of, 136. 
 
 Turnpike Roads, 
 
 Buffalo and WUliamsville MoAdam Boad, veto of act amending charter 
 
 of, 143. \ 
 Bast Hamburgh, veto of act to extend charter of, 133. 
 Great Western, veto of act relating to toUs of, 138. 
 Guilderland Center, veto of charter of, 360. 
 OtisviUe and Wurtsboro, veto of act to establish tolls on, 148. 
 Pawling and Beekman, veto of act amending charter of, 148. 
 
 Union Schools, 
 
 (See Schools). 
 United States Deposit Fund, 
 
 Jefferson County, veto of tiet for investment of, 401. 
 
 "Vagrants, 
 
 Brooklyn, veto of act concerning certain females, in, 355j 
 N. y.. City, veto of amendatory act concerning, in, 353. 
 
542 Index. 
 
 Vetoes Ovbeeuled, 
 
 Albany Police Commission, veto of act relating to, 347. 
 Congressional apportionment, veto of act relating to, 388. 
 
 Villages, 
 
 Adams, veto of act in aid of Collegiate Institute, 59. 
 
 Akron, veto of act relating to boundaries of, 894i 
 
 Canastota, veto of act amending charter of, 155. 
 
 Charlotte, lock-up and police office for, veto of act providing for, 153. 
 
 Chateaugay, veto of charter of, 57. 
 
 Clyde, veto of charter of, 158. 
 
 Copenhagen, veto of charter of, 158. 
 
 DeEuyter, veto of act amending charter of, 156. 
 
 General act for incorporation of, veto of act amending, 361. 
 
 Geneva, veto of, charter of, 158. 
 
 Gouvemeur, veto of John Street highway act, 58. 
 
 Hart's Palls, veto of act changing name of, 361. 
 
 Incorporation of, Message recommending general act for, 107. 
 
 Jamaica, veto of act conferring certain powers on trustees of, 68. 
 
 Malone, veto of act to Increase pay of assessors in, 138. 
 
 Memphis, veto of charter of, 361. 
 
 Mohawk, veto of act amending charter of, 350. 
 
 New Hartford, veto of charter of, 141. 
 
 Owego, veto of charter of, 59. 
 
 Palatine Bridge, veto of act amending charter of, 151. 
 
 Wakehoitse COMPAJSriBS, 
 
 Commercial Exchange, veto of charter of, 148. 
 
 Fire Proof, veto of act amending charter of, 351. 
 
 Port Morris, veto of charter of, 350. 
 
 United States Commission and Storage Company, veto of charter of, 349. 
 Watbb Wobks, 
 
 Clyde, veto of charter of, 73. 
 
 Granite Lake Company, Saratoga Springs, veto of charter of, 304. 
 
 Little Valley, veto of charter of, 315. 
 
 Nyaok, veto of, charter of, 396. 
 
 Richmond County, veto of act to secure supply of water, in 395. 
 
 South HiU, Ithaca, veto of charter of, 344. 
 Yacht Clttbs, 
 
 (See Social, etc.).