i£x ICtbrifi 
 
 SEYMOUR DURST 
 
 "t ' 'Tort nteuu/ ,yiTn^ertla--nu oj^ Je JAanhatarus — 
 
 
 FORT NEW A2ASTERDA>i .l^lBaKl (NEW YORK ) , 1651. 
 
 IVhen you leave, please leave this hook 
 
 Because it has heen said 
 "Ever'thing comes t' him who waits 
 
 £7(cept a loaned book." 
 
 
 
 
 
 
 
 
 
 Avery Architectural and Fine Arts Library 
 Gift of Seymour B. Durst Old York Library 
 
 
1 
 
 Digitized by 
 
 the Internet Archive 
 
 
 
 
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 http://archive.org/details/messagefromgoverOOnewy_0 
 
THE 
 
 MESSAGi: 
 
 FROM THE 
 TO THE 
 
 Leg'is\aU\ve oS vV\e Slate of 3S^ew-\ovk^ 
 
 ON THE OPENING OF THE SESSION 
 JANUARY 2, 1827. 
 
 ALBAJ\'Y: 
 
 t'RINTED nv .fOHN B. VAN STEENBFRCIT 
 
1*^2'? 
 
Ftlloxi: -Citizens of llic Soiatc 
 
 and of tlie Assen>lly : 
 
 A review of the last year must excite the deepest emotions ol 
 gratitude to the Ahnighty Dispenser of all good, for the signal 
 blessings couicred on this community, in every direction we per- 
 ceive the foolstcpsof growing improvement and progressive pros- 
 perity. In the erection of new and the augmentation of old villa- 
 ges, towns and cities, we recognize the animating spirit of easy 
 communicntion and the wide spreading advantages of internal trade. 
 This increase of our markets will necessarily create a dispensation 
 and interchange of benefits, that must be felt in every operation 
 of labor and in every de[>artment of industry. The commercial 
 gloom, which was some months since spread over the civilized 
 world, has, in a great measure, disappeared ; and it is to be ho- 
 ped, that learning wisdom from experience, and moderation from 
 adversity, we will never again witness a recurrence of a spirit of 
 over weening speculation and over reaching cupidity, equally in- 
 jurious to good morals and social prosperity. 
 
 As a component part of a great federal republic, it is our in- 
 cumbent duty to support the general government in all its measures 
 that arc worthy of support, to cultivate an)ity ami good will with 
 our confederates, and to discountenance all tendencies to over- 
 throw by consolidation, or to destroy by dismemberment our ad- 
 mirable systems of government. Peace with all the world is with 
 us a primary duly and a cardinal interest. Whatev r may be the 
 aspect or whatever the direction of our foreign negociations, there 
 is no reason to apprehend any change in our pacific relations, nor 
 can we imagine the possibility of any diplomatic involutions that 
 may place us in a position from which we cannot advance without 
 <langer nor recede without disgrace. Powerful in defensive and 
 ill adapted for olTensivc war ; calculated by position, destined by 
 interest, and enjoined by duty, to be a pacific nation ; we must 
 seduloiTsly abstain from entangling or identitying ourselves witli the 
 political arrangements of other nations. In relation to our do- 
 mestic concerns, the path of duty is equally plain. We have onh' 
 to pursue the same policy w'lich has conducted us to opulence antl 
 established our prosperity and reputation on imperishable founda- 
 tions. 
 
 Another attempt as futile as the former, has been made by a 
 custom house collector in the west to apply the revenue laws of 
 
4 
 
 the United States to the navigation of the Erie canal. It does tia 
 appear that this proceeding has received any countenance from 
 higher authorities, nor can it for a moment he beheved that a claim 
 so preposterous in its assumptions and so pernicious in its results, 
 would at any time be encouraged in any qnartef . As the spirit of 
 internal improvement is rapidly extending in eyery direction, it 
 has become a question of great moment, whether the general go- 
 vernment has power, with or without the consent of the state 
 governments, to construct canals and roads in their territories, 
 and whether such power, if not already vested, ought to be grant-^ 
 ed ? High authorities are to be iound on both sides of this ques- 
 tion ; and after devoting to it all the consideration to which, from 
 its importance, it is entitled, I think it due to a sense of duty and 
 a spirit of frankness to say, that my opinion is equally hostile to 
 its possession, or exercise, by or its investment in the national au- 
 thorities, I can perceive in it nothing less than the harbinger of 
 certain destruction to the state governments, nor can we but see that it 
 at once breaks down the barrier Ivetween a government for national 
 or exterior affairs, and local governments for domestic or interior 
 concerns. As well might congress take cognizance of agriculture^ 
 common schools, universities, penal codes, and the whole range 
 of local and internal regulation, as of roads and canals. As., how- 
 ever, the general government is possessed of the national domains, 
 and has exclusive authority over ihe most productive sources of reve- 
 nue, I believe that the power of distributing the necessary funds 
 among the several states for objects of public improvement, ought 
 to be incorporated in the constitution, if not recognized as al 
 ready in existence. 
 
 While on the subject of amendments to our national constitution^ 
 I cannot but express my regret that the enlightened and magnan- 
 imous views of this state, in relation to the choice of President 
 and Vice President have not been realized. Our overture was to 
 establish an uniform rule of choosing electors by the people and 
 by districts. In committing this power to the people, it vests it 
 in its appropriate depository, the legitimate sovereign of the coun- 
 try, diminishes the chances of corruption, and the dangers of for- 
 eign influence, destroys the evils of pre-existing bodies for the elec- 
 tion of the colleges, and prevents combinations of a few great states 
 to create by their own power the national Chief Magistrates. 
 The provision i' perfectly safe, unless the people be venal and 
 profligate, and then liberty is in all cases without protection, and 
 free government without hope. It is fnir and equal, if it be uni- 
 form, but without insertion into the constitution, it will subvert a 
 just representation of power. I am persuaded that as the legisla- 
 ture of a great state, you feel above the influence of any consid- 
 erations connected with an invidious and dangerous assumption 
 or exercise of power. The great states will always possess an in- 
 fluence correspondent with the most extensive combinations of mo- 
 ral and physical power, unless they become the dupes of extrane- 
 
ous intrigue or the victims of internal agitation ; and tlioy thorf 
 fore ought toahdicate all pretensions and avoid all associations cal 
 culated to excite the jealousy, or diminish the just rights of the 
 minor members of the confederacy 
 
 A controversy much to be regretted has existed for some years 
 between our sister New-.Iersey and us. Our claim of jurisdiction 
 and territory reaches to low water mark, on the west side of the 
 Hudson an l the Sound that separates Staten IslancI Irom New-Jer- 
 •Gy, while the adverse title extends ad fdum aquae. In 1807 this 
 controversy was submitted to negociation, which terminated with 
 more precipitation than good temper, an(i without any favorable 
 result. Subsequently, and in the same year, New-Jersey passed 
 an act for the protection of her claims, and imposing severe penal- 
 ties. During the Ibllowing year, New-York passed a law of a re- 
 taliatory character, but not so penal in its inllictions. Our act of 
 1798, was not intended to refer to New-Jersey. It was passed du- 
 ring the administration of the venerable and highly respected Go- 
 vernor Jay, and a longtime before the agitation of this controver- 
 sy. Us ol)ject was to bear on a title derived from another state, 
 absurd in itself, indefensible in all respects, injurious to the increase 
 of our population, and perplexing to our citizens : And the law 
 had the contemplated effect. In 1825, an attempt was made to ad- 
 just this controversy, by instituting a new board of commissioners, 
 clothed with authority to negotiate subject to ratification, and a 
 law was enacted for the purpose by New-Jersey ; a correspondent 
 bill pr.ssed the senate un.inii'iously , which owing to an inexplicable 
 opposition, was so long procrastinated in the Assembly that it was 
 merged in untinished business; since which period, this controversy 
 has assumed a more serious aspect. A ministerial officer of this 
 state has been arr(^sted in New-Jersey, for serving process within 
 the disputed jurisdiction ; and he is liable to mcarccration in a 
 state prison. 1 conceive it due to the comity that ought to exist 
 between independent communities, to the amity which ought to bp 
 cherisheti by bordering and conl'ederate states to a sense ol justice, 
 magnanimity and selt-respcct, to allay the exasperated feelings 
 which prevail, and to close ^vith a negociation again agreed to bv 
 «ur sister republic. I shall transmit to you, in due time, the doc- 
 uments which relate to this subject. 
 
 'I'he precarious and uncertain coiuHtion of the elective fran- 
 chise, depending more on the volition and agency of assessors, col- 
 lectors, militia officers, and road masters, than on a fixed and cer- 
 tain tenure, rendered it necessary that delects so glaring and dan- 
 gerous should be removed by constitutional amendment. In 1825 
 I called the attention of the legislature to this subject, and I now 
 have the satisfaction to announce that the right of election has been 
 established 0!i a tirm and certain basis, the amendment for that- 
 purpose having received the sanction of the two last legist. itures, 
 and the almost unanimous vote of the people. As the right of suf- 
 fraS^ composes the essence of freedom, and is the vital and char- 
 
6 
 
 ncteristic principleof representative government, it otight to be for- 
 titied against corruption, illuminated by knowledge and shielded 
 by moral and political virtue. Our elections, which have occupi- 
 ed three 'ays, and occasioned much contention, many irregularities 
 and some flagrant violations of rectitude, may now be compressed 
 within a shorter period and conducted with more regularity and 
 purity. Lists of the qualified voters in each town may be period- 
 ically compiled, and resorted to as conclusive evidence of a right 
 to exercise the elective franchise in a particular place, by which 
 means partiality, fraud and purjury ma}^ be prevented. Severe 
 restraints ought also to be established against the pernicious prac- 
 tices of employing hirelings to bring up votes — ofbeleaguring the 
 polls to the annoyance or excluson of aged, intirm and orderiy citi- 
 zens — of dispensing donatives or largesses of any kind to influence 
 votes, or of employing an}'^ means of intimidation or corruption that 
 may efl'ect the purity and independence of the elective fianchise. 
 
 But after all, the great bulw ark of republican government is the 
 cultivation of education, tor the right of suffrage cannot be exercis- 
 ed in a salutary manner without intelligence. It is gratifying to 
 find that education continues to flourish. We may safely estimate 
 the number of our common schools at eight thousand, the number 
 of children taught during the last year, on an average of eight 
 months at four hundred and thirty thousand, and the sum expen- 
 ded in instruction at two hundred thousand dollars. It is however 
 too palpable that our system is surrounded by imperfections which 
 demand the wise consideration and improving interposition of the 
 legislature — In the first place there is no provision made for the 
 education of competent instructors : ct the eight thousand now em- 
 ployed in this state too many are destitute of the requisite qualifica- 
 tions, and perhaps no considerable number are nble to teach be- 
 yond rudiment:!l instruction. Ten years of a child's life from five 
 to fifteen may be spent in a common school, and ought this immense 
 portion of time to be absorbed in learning wh.'t can be acquired in 
 a short period. Perhaps one fourth of our population is annually 
 instructed in our common schools, and ought the minds and morals 
 ofthe rising and perhaps the destinies of all future generations to 
 be entrusted to the guardianship of incompetence ? The scale of 
 instruction must be elevated ; the standard of education ought to be 
 raised — and a central school on the monitorial plan ought to be es- 
 tablished in each county for the education of teachers, and as exem- 
 plars for other momentous purposes connected with the improve- 
 ment of the human mind. The trustees ot the public school so- 
 ciety of New-York, have issued a prospectus for the establishment 
 of a central school in that city, wherein are to be taught for the 
 education of teachers, natural philosophy, practical mathematics, 
 mercantile arithmetic, book keeping, and the outlines of natural 
 science. A school on a similar plan, and embracing a variety of 
 important objects has been founded by some enlightened and pub- 
 lic spirited citizens in Livingston county, and there is reason to 
 
7 
 
 hope that these meritoiious exeiliiui* will be crcMvncd uilh com- 
 plete success. I cannot spe;\!; in terms orsiiflicienl praise of these 
 most laatlabla attempts uor recommend them too emphatically to 
 public i)atroiia2;e and general imitation. Small and suitable collec- 
 tions of books and ma))s attached to our common schools and period- 
 ical examinations to test the prolicienry of llie scholars, and the 
 merits of the teachers, arc worthy of attention : ^vhen it is under- 
 stood that objects of this description, enter into the very forma- 
 tion of our characters, control our destiniesthrough life, ]>rolectthe 
 freedom and advance the glory of onr country : and when it is con- 
 sidered that seminaries for general education arc either i^.ot provi- 
 ded in the old world or but imperfectly sujiplied by charity and 
 .Sunday schools, and that this is the appropriate soil of liberty and 
 education, let it be our pride, as it is our duty, to spare no exertion 
 and to shrink from no expense, in the promotion of a cause consecra- 
 ted by religion and enjoined by patriotism. Nor let us be regard- 
 less of ample encouragement of the higher insiitutions devoted to 
 literature and science. Independently of their intrinsic merits 
 and their dilTusive and enduring benefits, in reference to their ap- 
 ])ropri:ite object^;, they have, in a special manner, a n;ost auspicious 
 influence on all subordinate institutions : They give to society men 
 of injprovcd and enlarged minds, who feeling the imi)ortance of 
 information in their own experience, will naturally cherish an ar- 
 dent desire to extend its blessings. Science delights in expansion 
 as well as in concentration ; and after having flourished within the 
 precincts of Academics and Universities, will spread itself over the 
 land, enlightening society and ameliorating the condition of man ; 
 Theniore elevated the tree of knowledge and the more expanded 
 its branches, the greater will be its trunk and the deeper its root. 
 Simultaneouly with the improvement of the constitution relative 
 to the elective franchise, another amendment uas adopted, com- 
 mitting the choice of Justices of the Peace to the people. These 
 appointments have been considered as intimately connected with 
 j)oliticnl influence from the earliest periods of our history. I'nder 
 the Colonial Governors, they were made not so much with a view 
 to fitness as to the support dispensed to friendly members of the 
 Assembly. Under the council of appointment these offices depen- 
 ded on the fluctuations of party ascendency; and under the new con- 
 stitution a complex system was established, which ostensibly creisted 
 an appointing power in every county, but in reality brouirht the 
 h^ubstance of it home to the seat of government ; and it was attended 
 with the political solecism of not only converting the county judges 
 into a co-ordinate appointing power, but of investing them with 
 authority to remove their associates in the general sessions froni 
 oflice, while sitting on the same bench. The people are at last pos- 
 icssed of the right of choosing their own local magistrates, and 
 the appointment of nearly three thousand ofiices, is thus placed 
 in the properdepository. The common place obj(Ttion o' the dan- 
 gers of an elective judiciary con hare no weiuht in its application 
 
8 
 
 to this case. The Aldermen of New- York and Albany who are 
 ex-officiis judges of the county courts, have been elected 
 from the first foundation of those cities, and no just imputation has 
 been made on that account against the honest and Independent ex- 
 ercise of their functions. Your attention will of course be afforded 
 to such legislation as may be requisite to carry these important imr 
 provements into full effect. 
 
 The charter of the New-York Historical society, which had ex- 
 pired h\ its own limitation, was renewed at the last session, but 
 without the pecuniary aid that was solicited and which would have 
 been worthily bestowed, considering the light which its re- 
 searches and collections have shed on the history of America in 
 general, and of this state in particular. It appears that the soci- 
 ety has recently procured and published a manuscript continuation 
 from 1732 tol762 of Smith's history of this province. The trans- 
 lations of our Dutch Records, at the pubUc expense, by the learn- 
 ed Doctor Vanderkemp, have opened sources of Historical infor- 
 mation, which were before locked up in a language little known 
 and in m muscripts scarcely legible. In 1814 the Historical Socie- 
 ty addressed a memorial to the Legislature, wherein it indicated 
 several places for important acquisitions. — In the office of the 
 board of trade and plantations, in England, in the British Museum, 
 and in the library for the society for the propagation of the gospel 
 in America, books and manuscripts of great moment relative to our 
 history may be found. And it would be very useful to obtain tran- 
 scripts of all publications and documents in those quarters, which 
 may elucidate our annals in their aboriginal and colonial state. 
 
 An authentic and official map of the state is a desideratum which 
 ought to be supplied, an'l this is suggested without any disparage- 
 ment of the laudable attempts which have been made by individu- 
 als for that purpose. 
 
 The provision made at the last session, for the extension and 
 support in the City of New-York, of the House of Refuge for ju- 
 venile delinquents, has been faithfully and beneficialy applied. A 
 separate and accommodating building has been erected for females 
 and schools on the monitorial plan have been successfully estab- 
 lished: The institution now contains one hundred and thirty-one 
 males, and thirty females, who have been rescued from the most 
 abject debasement — and preventive as well as remedial in its in- 
 fluences, it must be considered a noble as well as successful experi- 
 ment in favor of humanity: All, however, will depend on a con- 
 tinuance ofable superintendence, and it is hoped that the philan- 
 thropic men who have gratuitously and perseveringly devoted them- 
 selves to this great work, will not relax in their exertions. Instan- 
 ces have occurred where the most abandoned youth, after 
 having experienced the moral purification of the House of Refuge, 
 have encountered the dangerous expos'ires of a maritime life with- 
 out the least detrimentto their jjood habits. It is to be regretted 
 that some very youngc onvicts have been sentenced in the counties 
 
9 
 
 to the state prison where they ouj^ht to have been sent to this pen- 
 itentiary, aiuiil appears that a corivirtion rc* i ntly took phctjin the 
 circuit court ot'ihe U. States when the criminal was a proper sub- 
 ject tor the latter, but that tliis de!jii;nation couUl not lako place, as 
 the law allowing the use ofour prisons and peintentiaries for oilen- 
 ders against the U. States only applies to commitments before tri- 
 al. This is an accidental omission and ought to be rectified. It is 
 gratifying to observe the increasing attention to institutions of this 
 kind in other states and the probiibdily of their extensive establish- 
 ment; and it is also gnitilying to know that nothing has been done 
 in favor of lh(? House of llcfuge whi( h has in the rrmotest degree 
 interfered with the int. rests and concerns of our quarentine estab- 
 lishment; all its needful requirements have been amply satisfied, 
 and besides the payment of all its expenses, an extensive brick 
 hospital with other useful erections, is in a train of comple- 
 tion. 
 
 The debt created by the construction of the Erie and Champlain 
 canals and subsiduai-y works amounts to seven million nine hun- 
 dred forty-four thousand seven hundred and seventy dollars and 
 ninety cents, paying an interest of six and five per cent. '1 he in- 
 terest on the whole is 5^427,673.55 per annum; and the fund appli- 
 cable to the extinguishment of this debt, will it is believed, a- 
 mount this year to l,057,5o5 4(J 
 
 To wit. 
 
 From Tolls ^ 771,780 10 
 
 Froni auction duties for the fiscal year, ending oOth 
 
 November last, 200,737 C4 
 
 Salt Duties. 77,405 33 
 
 Other sources. 7,035 19 
 
 Cy the constitution, this fund cannot, nor ought it to be diverted 
 firm its designi:ted objc-ct. i his state has der-ved great reputa- 
 tion from its enterprise in undertaking, and its perseverance in exe- 
 cuting a work of immense benefit, and if ought to get another ex- 
 ample of the extinguishment of a great public debt. This pn-ce- 
 dent will be more beneficiwl in itself and more animating in j'llits 
 aspects and consequences, than any fugitive or even permanent .id- 
 vantage- that can emanate from anotiier course. In the Uiean time- 
 wo must feel rertam that this important object will be soon accom- 
 plished and wc can safVly make prospi^rtivo c;d'-u!alions accor- 
 dingly. The primary obj ect of <dl improvements which croatn 
 anrl facilitate communication by lund or water, is the public ac- 
 commodation and the promotion of internal commerce. Revenue, 
 alllio'igh a desirable, is only a second. iry mduccment. and wht-n- 
 ever a collision arises, the subaltern must, as in all other instan- 
 ces, yield to the principal consideration. The standard, by which 
 all operations of this kind ought to be regulated, is the public ability 
 to sustain the exp»^ns*^^ : and although income m.iy ei tor into the 
 Gonsi(hr.)tion of th ii question, yet when the capacity may exist 
 without reference to the proceeds of a vrork erected for the general 
 
 B 
 
10 
 
 accommodation, the resulting avails can never be the ccntrolIin<r 
 jntlacement ; and it ought always to be emphatically understood 
 that the expenditure of public money in works of utihty, enriches 
 the country in \yhich it is applied, increases its abihty to defray 
 the pubhc burdens, establishes profitable markets in all directions, 
 enhances the value of land, augments the amount of capital and 
 rewards the exertions of industry and the exhibitions of ingenuity. 
 In times of pressure, no relief can be more eflfectual, and the ex- 
 perience of the country through which the western and northern 
 canals were constructed, evinced the absence of those distresses, 
 which for a considerable portion of the time, were felt in almost 
 every other quarter. The funds thus employed, circulate from 
 the extremities to the heart of the body politic, quickening the 
 movements of labor, animating the operations of capital, and 
 augmenting the productions of industry. 
 
 Our canals have been principally made by the state, and our 
 roads by incorporated companies, by individuals, by towns and 
 counties and by the state at large. — In those improvements which 
 are to be achieved in future, there will undoubtedly be full scope 
 for all these sources of contribution and they will demand all the 
 imited efforts of our disposable capital and labor. The canals 
 which now principally occupy the public attention, embrace a nav- 
 igable union of the principal bays on Long-Island — of the Hudson 
 and Delaware Ptivpr? — of the Erie canal with the East and West 
 branches of the Susquehannuh, with the Allegany River, with 
 Lake Ontario by great Sod us Bay — with Black and St. Lawrence 
 rivers; and between the latter river and Lake Champlain, and 
 even a canal from Lake Erie to the Hudson river by an entire 
 new route, has been suggested as practicable and expedient and 
 urged with great earnestness and energy. Of all the operations 
 which have been conducted by incorporations, there is none enti- 
 tled to more commendation and public favor than the canal con- 
 structed by the Delaware and Hudson Company, comprising a dis- 
 tance of sixty-three miles from the Delaware to the Hudson river. 
 This work will be navigable at the opening of the spring, embra- 
 ces 61 Locks, besides Culverts, Aqueducts, Bridges and other ne- 
 cessary appurtenances. It was commenced in August, 1825, and 
 was performed with great economy as well as skill, and at an ex- 
 pense below the estimate. There still remains to be executed 
 about twenty miles from the point where the canal strikes the 
 Delaware along the valley of that river, to the mouth of the Lack- 
 awaxen. From thence it is contemplated to have a communication 
 to the Anthracite Coal Beds, from which coal in any quantity, and 
 of excellent quahty may be brought along this route and delivered 
 at the towns on the Hudson, for three dollars and nine cents a ton. 
 It is supposed that a canal might be continued from the termination 
 of this at the confluence of the Lackawaxen and Delaware, to de- 
 posite on the latter river a distance of sixty-six miles, and from 
 thence to Bettsburgh on the Susquehannah thirteen miles : From 
 
11 
 
 which place on examinations instrumental and personal, it is un- 
 derstood that a good navigation might be eflVcted along (lie Vidhea 
 of the Susqueliannah and 1 iog\», and ot the branches of lliciatter 
 as fir west as Hornellsville in Sl.euben County, forming a continu- 
 ous line of canal 230 miles at least : And it is believed ttial this nav 
 igable communication may be extended to Portland on Lake Erie, 
 and to Pittsburgh at the head of the Ohio. But it is suflicient to 
 say that this canal considered without any reference to its extension 
 is of vast importance in the accommodations which it will afi'ord 
 and as such it is entitled to your countenance. In what precise 
 shape, this ought to be manifested, will of course be a subject ol 
 your wise deliberations. 
 
 I have great pleasure on this occasion, in recommending to your 
 favorable notice, a company which was incorporated on the 9th of 
 April, 1824, by an act entitled " an act to incorporate the Orange 
 and Sussex Canal Company " The object of this corporation is to 
 tbrm a navigable communication between the Hud^ion near New- 
 burgh and the Delaware near the Water Gap, and which it is 
 conjectured may be extended to the Susquehannah. The state of 
 N. Jersey has passed a concurrent act of incorporation. The whole 
 distance is about 80 miles. The ascent from the Hudson to the 
 summit level is about 430 feet, from whence the descent to the 
 Delaware is 207. The whole line is through a spacious ralley 
 formed by a continuation of the Catskill Mountains on the one side 
 and of the Highlands on the other. This region is replenished 
 with valuable minerals and lumber of all kinds and its abund- 
 ant fertility is conceded. 'I he only question that can exist as to 
 the feasibility of this project, is as to a sufficient supply of water 
 at certain periods, but it is highly probable that the pending ex- 
 aminations will dissipate all apprehensions in this respect. 
 
 There are five routes proposed between the Erie cnnal rnd the 
 Susqu«hannah, to wit; from the head of the Seneca Lake to the Ti- 
 oga or Chemung river, from the head of Cayuga lake to Owego; 
 by Otsego lake, by the valley of the Chenango river, and Irom 
 Manlius through Pompey and Homer to Chenango Point. Five 
 communications are also contemplated between the same canal and 
 the Allegany river; by the Valley of the Genesee to Olean Point — 
 by that of Tonnewanda to the same point and also from Buftalo to 
 the same place by Buffalo Creek Lime Lake and Ischua Creek; by 
 Ihe Valley of the Conewango and by L ikes Erie and Chautauque. 
 Several routes have been indicated and some explored from the 
 Erie canal to the St, Lawrence ano the practicability and utility id 
 particular of a canal from Home through Boonsville or Camden to 
 Ogdensburgh are put beyond all doubt. I have heretofore had 
 occasion to speak in the most favorable terms of some of these 
 projected communications, and time and enquiry have confirmed 
 my impressions. 
 
 Bituminous Coal of good quality surrounded by approved Iron 
 Ore, is found in the greatest abundance and can be procured with 
 
12 
 
 little expanse in Pftnnsykania about twenty miles from the line of 
 this state and as soon as the Seneca L ik-^ is united with the Tioga 
 may be conveyed to this City for about seven flolliirs a ton. It is 
 due to justice to state that the prominent objection made last session 
 against the Chenango canal is completely prostrated, for a scrutin- 
 izing examination has demonstrated that a plenary supply of water 
 can be obtained at all seasons. Anthracite Coal from B^dmont in 
 Pennsylvania can be obtained through this channel and strong indi- 
 cations exist of the pre sence of coal in Oxford; there can be no 
 doubt but that a productive revenue will be derived from the con- 
 veyance particulnry of that fossil, salt and gypsum. 1 shall not 
 however trespass on your time by entering more into detail. But 
 permit me to remark that the expei se of such oper^itions may be 
 greatly diminished by the adopiion of wooden locks in forest coun- 
 tries and of inclined planes in hilly regions from the experiments 
 already made there can be but little doubt of the successful sub- 
 stitution of the latter. I submit the whole subject to y< ur enliijht- 
 ened consideration, not doubting but that you will view it in all its 
 altitudes and bearings and with a full determination to dispense 
 such encouragement as may be authorised by the merits of the pro- 
 jects and by the resources of the commonwealth, and wiih a judi- 
 cious view of prospective as well as present considerations, and of 
 all the beneficial conf^binations and consequences thut must neces- 
 sarily flow from extending the sphere of our miprovem.^nts, and ex- 
 citing into activity all the springs of productive industry. 
 
 It is presumed to be a genera! rule of ensy application and exe- 
 cution, that the cost of the repairs and superintendence of a canal 
 ought not to exceed one tenth of its gross income. Whether ihis 
 is the case with us is not easily ascert^iined, because the expendi- 
 tures for repairs and new erections are probably in some instances 
 mixed together. But I am persuaded that a system of precaution- 
 ary economy and considerable retrenchment might be adopted 
 greatly to the advantage of thecana; tund and in favor of other im- 
 provements. Complaints are made, and I have no doubt with good 
 cause in several instances, of the high rates of toll, as having a dis- 
 couraging influence on our trade ; If high, they may have a prohib- 
 itory effect, and prevent entirely, o" for certain distances, the 
 transit of some articles. The cheaper the conveyance, the more 
 commodities will be conveyed ; and the profits of the canals may 
 be thus augmented instead of being diminished by low duties. It 
 is indeed supposed that the tolls on some commodities may be re- 
 Suced or approximated to the constitutional minimum without any 
 loss of revenue : And it is a subject worthy of your serious consid- 
 eration, whether the power of imposing transit duties or taxes, be- 
 ing a legislative power, ought to be delegated or transferred, unless 
 under extr ^ordinary circumstances. 
 
 T^he construction of a great road from the Hudson rirer to 
 Lake Erip through the south western counties, has been for a 
 ooBsiderable tiioe uoder public consideration, and for two coosc- 
 
13 
 
 tutive sessions under legislative discission. Its cliunis to |)ul>li(" 
 favour :«re generally well understood, and I believe du\y :t|)i)re(;ia- 
 ted. Like all other momentous i)lans it is not without its 0j>|)ijsers, 
 whose motives are undoubtedly pure, although tiiere may be little 
 lorce in their objections. Some are hostile I'roju vie\\s of" erono- 
 my — others from local feeling*, and prob,d)ly a lew !Vo:n not C(un- 
 prehending the whole merits <>f a project of such diversiried be ir- 
 inf2;s, and such colossal dimensions. If a road be adv.tntagoous 
 and accommodatinti; for a short distance, its hnn; tits must be lelt 
 m the ratio of its extension, and if itspat^sage be througii a fertile 
 country of various and inexhaustible powers of production, cal- 
 culated in some parts for grain, in others for cattle and the dairy, 
 filled with valuable tijnber and minerals, it must not oidy open a 
 lucrative market to our great cities, but establish i)laces oi sale and 
 ptirchase tor the accommodation of a dense popuhaion, which will 
 spring up in the whole range, and sj)read over the whole area of 
 the interior. We need only cast our eyes on Philadelphia and 
 Pittsbur:;h, and duly estiuiate the condition of those prosperous 
 cities, and the intervening regions, in order to realize the soiiiid- 
 ness of these vievrs, and ahen our can;:!.- and rivers are lo. ked up 
 by ice, we will still be able to find a way to the ocean. You will 
 excuse my repeated mention of this subject, for I assure y(.u t!)at 
 J cherish no other feelings than those which are connected with a 
 deep solicitude for the public welfare, and 1 think that I may ven- 
 ture to entertain some confidence on this occasion, speaking as I do 
 from personal examination, cautious investigation and mature de- 
 liberation. And I am entirely willmg to encounter my fidl share 
 of the responsibility of a njeasure which will make the wilderness 
 and solitary places glad, and the desert rejoice and blossom as the 
 rose. 
 
 In the satisfaction which we experience from the view of our 
 improvements prospective as well as actual, we cannot but parli- 
 cipate in the gratifications which must be derived iVom the preva- 
 lence of a similar spirit in other portions of the union. Ohio i? 
 pushing her vast operations with a spirit, energy and success, wor- 
 thy of all praise, and onf of our citizens has, greatly to his honor, 
 loaned her a million of dollars for that purpose. A canal is rapidly 
 constructing around the falls of Ohio. A navigable communication 
 between the waters of the Chesapeake and Delaware, is in suc- 
 cessful progress. And besides the meritorious canals in Pennsyl- 
 vania, which have been made and are making, by associated en- 
 terprise, that great state has established a board for public iin- 
 provementi with a view to more extended operations. A commu- 
 nication is also contemplated between the waters of the Potomac 
 and the Ohio ; and it is ardently hoped that this stupendous pro- 
 ject will be as successful in its execution, as it is magnilicent in its 
 de-ign, and that its interests will be promoted by the most liberal 
 contributions of public munificence. 
 
 Th^ lat^ alarmmg copaw'^rcial couTulsions, ought lo ioculcato 
 
14 
 
 the necessity of avakling a recurrence of those calamities, by- 
 avoiding the causes which produced them. Heretofore the ca- 
 lamitous derangements in Great Britain have been ascribed to a 
 variety of causes — but principally to a transition state from wur to 
 peace and to excess of production, but I believe that the better 
 opinion now is th?it they are chiefly imputable to excessive emis- 
 sions of paper money in the shape of bank notes : And as similar 
 distresses were experienced almost contemporaneously in this 
 country, we may trace them to similar causes. The prorits of onr 
 city banks, besides interest on actu il capital, are derived from 
 discounts on deposits acd issues of paper money. And those ot 
 the country banks, principally from the last source. A bank, gene- 
 rally speaking, may issue notes to three times the amount of the 
 capital paid in. This, although intended for a wholesome restric- 
 tion, is in reality a most pernicious authorization, and can never 
 be justified by any state of things. 1 he authority to create money, 
 will almost always be abused, and the expedients to pioducea 
 forced and artificial circulation of bank paper ; and to redeem it 
 on every alarm, and convulsion must inevitably scatter distrust and 
 confusion in the moneyed market, engender a system of deleteri- 
 ous speculation, derange the natural course of trade, and produce 
 those alternations of prices which are injurious to all descriptions 
 of people. In these struggles of cupidity, a few great fortunes 
 may be made ; but fraud, peculation, and bankruptcy, will follow 
 in their train. — ! he regular current of business will be checked — 
 rredit will be banished, and capital will either seek security in 
 abstraction from business, or tempted by high profits, w«ll give the 
 reins to an adventuring spirit, and participate in the general wreck 
 and ruin. It is to be ardently hoped that the legislature will ex- 
 ercise more than ordinary circumspection in future. A few soH- 
 tary cases may present where chartered grants may be auspicious 
 to particular places, and the surrounding country ; but the power 
 of making money, is a dangerous faculty, and its liability to per- 
 version, is in proportion to its extension. Banking privileges 
 deposited in unskilful hands, may be abused without design, and 
 from ignorance ; but when granted to fraudulent men who prefer 
 wealth to character, and the gratifications of avarice to the honors 
 of virtue, there will scarcely be bounds to the evils that will en^ 
 sue; and experience has evinced, that applications of this kind 
 are made almost always for personal benefit, not for public accom- 
 modation. Some general regulations are indispensably necessaiy,. 
 for restricting the issues of bank paper, for pre scribing the posses- 
 sion of a certain quantity of metallic money imd adequate security 
 for the redemption of bank notes and the payment of debts, for 
 compelling the attendance and increasing the responsibility of di- 
 rerto s, for detecting any errors or misstatements in the periodical 
 renditions of the state of banking institutions, and for prohibiting 
 the circulation of bank notes below a certain sum : and it is be- 
 lieved by many respectable and well informed citieens, that insur- 
 ance might be obtained at a cheaper rate, and from sources equallj' 
 
1.5 
 
 safe with the present, it' the act to prevent t'oreigners Irom becom- 
 mg insurers in certain cases in this state were repealed. 
 
 The revision ot' our statutes will necessarily bring before you 
 the merits of our crinjinal code. There is one capital defect which 
 pervades the whole system, and that is the extensive latitude which 
 is given to judicial discretion in the dispensation of punishment*. 
 We have sixty-three criminal courts, besides tribunals oi' summa- 
 ry jurisdiction for the trial of petty offences. There is of course 
 great disparities in punishments ; again the specific statutory pun- 
 ishments are sometimes so unequal in their application to crimes, 
 that injustice bordering on cruelty, may result. All kinds of bur- 
 glary, whether merely technical or highly aggravated, are punish- 
 ed with imprisonment for life in the state prison. Hence, oilences 
 of a trivial nature, not exceeding sometimes petty larceny in de- 
 pravity or danger, may receive that tremendous infliction. Man- 
 slaughter sometimes borders on excusable homicide, and at other 
 times assimilates to murder. In England it is punishable with fine 
 or ti'ansportation — here the punishment must not be less than three, 
 nor more than fourteen years in the state prison. For a second 
 conviction for petty larceny, the convict must go to the state prison 
 for three years, and the first conviction may be a summary one 
 without the intervention of a jury. I have recently pardoned a 
 convict of this description after an imprisonment of more than a 
 year, and well recommended in other respects, whose first offence 
 consisted in stealing a whip lash, and the second a shilling. The 
 counterfeiting or fraudulently uttering gold or silver coin, is pun- 
 ishable with imprisonment for lite. The same offence in relation 
 to paper money may be visited with the same imprisonment, or 
 for a period not less than seven years. The possession of metallic 
 money with intent to pass it. may be punished for not more than 
 seven years, and the possession of pnper money with the like in- 
 tent, must be punished for not less than seven years It will at 
 once be perceived that among the many evils which proceed from 
 these disparities and inconj^ruities, not the least are the continual 
 applications for pardons, and sometimes the absolute necessity ot 
 the interference of the executive, who must either remain inexo- 
 rable to the united voice of juslic-e and mercy and the recommen- 
 dations of courts andjuries, or countenance to a certain extent, a 
 departure from a strict system of penal intlictions. 
 
 Crimes are generally gradual in their progress and most fre- 
 quently comrrence in misdemeanors of no great aggravation. 
 Hence the necessity of arresting their progress in the first stages 
 of depravity. To houses devoted to gambling, intemperance and 
 licentiousness, we may trace the degradation of our youth and the 
 sources of parental affliction. It is alleged that there are defect?; 
 in our laws for the prevention of immorality, which require your 
 correcting interposition, and the importance of this suggestion, is 
 certainly deservinir of your early notice. 
 
 During the recess, suits havo be*^n brought Hy claimants deriving 
 title under the children of Roger Morris and Mary his wife, against 
 
grantees nader the state: and in pursuance of the act more effcdc- 
 tiiiilly to provide for defending the tiiles of certain persons in the 
 counties of Putnam and Dutchess, derived from the people of this 
 state, r.guinst any claims set up by or under the childien of Roger 
 Morris and Mary his wife, deceased, 1 have employed able coun- 
 sel to as?isi. the Attorney General in defending such suits. At the 
 close of the last session, a committee was appointed by the senate, 
 to confer with the claimants. I am not advised of the results of 
 this arrangement, but I understand that a disposition still exists, on 
 their part, for an amicable .and accommodating negociation. 
 
 It sometimes happens from the lapse of years, that the titles of 
 land are in some instances endangered by the want of authority to 
 put the deeds on record. According to the present law, a deed can- 
 not be recorded unless its execution be proved by one of the sub- 
 scribing witnesses, or be acknowledged by the grantor. There 
 are deeds however, to which the witnesses and grtmtors are all 
 dead or resident without the state. In these cases, their execution 
 cannot be proved or acknowledged so as to be recorded, and con- 
 sequently the owners of the lands can only use the deeds as evi- 
 dence by proving on trial, in open court, tirst, that the subscribing 
 witnesses, reside out of the state, or are dead, and ?econdly, the 
 h;md writing of the witnesses Cnt witnesses to prove the death 
 or non-residence and the hand writing of subscribing witnesses, 
 are fast lessening in number as their ages advance. In this way 
 the owners of lands may fail in their attempts to establish their titles, 
 for although ancient deeds are sometimes given in evidence, with- 
 out proof of their execution, where possession of the lands has cor- 
 responded with them, yet the term of time necessary to bring a 
 <leed under this denomination, does not seem to be definitely settled. 
 To obviate in some degree, these evils, it might be advisable to 
 provide for proving deeds where the subscribing witnesses and 
 grantors all reside out of the state or are dead in like manner, as 
 the same deeds under the same circumstances would be proved in 
 tri:ds in open court, and also for allowing the deeds so proved to be 
 put on record. As this proof \voul<i be rather special, it might be 
 expedient to require it to be taken before one of the judges of our 
 supreme or circuit courts or before a judge of a simular grade in 
 a different state. 
 
 In cases of vacancies in the offices of clerks and sheriffs of coun- 
 tiC"*, the executive is directed to order new elections within a pre- 
 scribed period. As the strict execution of this act is sometimes at- 
 tended with unnecessary «n convenience to the people, itis submitted 
 to you whether it would not be expedient to convert this mandato* 
 ry into a discretion \r\ provision. 
 
 The frequent applications for field ordnance for the requisite snp« 
 ply of the artillery is not a little perplexing to the Commissary Gen- 
 eral and as he is not provided with the means of compliance, that 
 useful corps is greatlv discouraged in its meritorious exertions. 
 
 Our code in relation to pauperism is nearly a transcript of the 
 
17 
 
 English system, and a worse nnoHel could not be found. Experi- 
 ence lias shown th.it pauperism has increased in the ratio ofits sup- 
 phes and accommodations. Tlie estabh;^limcnt of county ahns 
 houses with appendant farms for labor, has had a most mitigating 
 eflfect, wherever the experiment has been fairly tried: Besides 
 the diminution of expense, as well as of the number ot the poor, 
 their comfort will be much increased. And it is said if the avails 
 of the excise were transferred as they ought to be from the towns^ 
 to the support of the county poor houses, that any other taxation 
 for pauperism will be rendered unnecessary. 
 
 The extraordinary migrations to this state from foreign coun- 
 tries during the last sea'^on have been attended with privations, 
 afflictions, and calamities, that strongly appeal to onr humanity. 
 Whatever discordant opinions may be entertained as to the policy, 
 there can be none as to the benevolence of relief Some of our 
 cities and towns are already unduly burdened w ith persons of this 
 description and the distressing condition of so many human beings, 
 certainly presents a strong case for the charity of the state. 
 
 As the demands of this state against the United States for advan- 
 ces during the late war, were not finally adjusted, I requested the 
 comptroller to repair to the seat ot the national government, and 
 attend in person to this concern. This he has done as far as in 
 his power, promptly and satisfactorily. At a time of great pres- 
 sure and public danger, when the national government was crippled 
 in its means, and paralyzed in its operations, this state stej)ped 
 forward and contributed all in its power to defend the soil and 
 sustain the honor of our country. The governor of this state, for 
 a portion of the war, had a command as Major General under the 
 United States, and in milit.iry movements, as well as in the opera- 
 tions of the commissariat and the payment of the troops, there 
 was a mixture of state and national authorities. And this too oc- 
 curred at a period peculiarly perplexing, when the turmoils and 
 agitations of the times interfered with a close anfl accurate atten- 
 tion to the ordinary routine of business — hence arose confusion in 
 the accounts, imperfections in the vouchers, and great embarras- 
 ments in all the arrangements. It was therefore to be expected 
 that the settlement of our demands would not be fettered by a fas- 
 tidious application of technical formalities, but that the public spirit 
 of the state would be met by a correspondent liberality. This anti- 
 cipation not heaving been realized, and there beini; still equitably 
 due 186,000 dollars on account of princip 1 and interest, it wili re- 
 main with you to determine on the expediency of an application to 
 the national legislature, where alone justice can now be obtained. 
 
 The other object contemplated in the act for the settlement of 
 our concerns with the United States has been seduously attend'^d 
 to, but without success, I mean the sale of our lands, buildings, for- 
 tifications, and heavy ordnance on Staten Island. I have under- 
 stood that the very able board of engineers lins considered those 
 possession* a? an important branch of a sv-sfrm of cen<.'ral d<^fence, 
 
la 
 
 but hitherto no authority has been given to complete the purchase. 
 In the mcrui time, an appHcation has been made by the treasury de- 
 partment for three or four acres off the southern extremity of the 
 land for the site of a hght house. It ought to be well understood 
 before this disposition is made, ivhether it may not interfere with 
 defensive erections, or impair the general value of the property. 
 
 Few events in our times have created a stronger and more gen- 
 eral sensation than the coincident deaths on the tiftieth anniversary 
 of our national existence, of two of the immortal band of patriots 
 and statesmen that composed the American Congress of 1776 — 
 the one the eloquent writer and both tlie able advocates and intre- 
 pid signers of the declaration of independence. 
 
 In cherishing those sentiments of respect and veneration which 
 are due to distinguished and departed merit, let us not be un- 
 mindful of the immense debt of gratitude which vye owe to the 
 surviving worthies of the revolution. Their number is constantly 
 diminishing by the encroachments of advanced age, and the decay 
 of constitutions impaired by the hardships of a military life. The 
 claims of those excellent men for unrequited services and unsur- 
 passed sufferings, are now before the councils of the nation : Let 
 gratitude and justice unite in dispensing the fuW measure of just 
 retribution, in imparting comfort to their declining years, and let- 
 ting their end be peace. 
 
 it is suitable to this occasion to solicit your attention to the fol- 
 lowing resolve of congress, passed on the 4th of October, 1777: 
 
 '^Resolved, That the Governor and Council of New-York be 
 desired to erect a monument, at continental expense, of the value of 
 five hundred dollars, to the memory of the late Brigadier Herkimer, 
 who commanded thcmiljtia of Tryon county, in the state of New- 
 York, anrl was killed fighting gallantly in defence of the liberty of 
 these states." 
 
 At the most critical period of the revolutionary war when this 
 state was nearly surrounded with hostile forces, and when destroy- 
 ing armies were penetrating it in various directions, the gallant Her- 
 kimer fell on the field of battle at the head of his patriotic neighbors. 
 This exhibition of heroic virtue attracted the distinguised notice of 
 Congress, but the situation of the times presented obstacles to an 
 immediate compliance with their resolve. As there can be no rea- 
 son for further delay, I hope that this subject will occupy your 
 early attention. 
 
 The expressions of confidence which I have uniformly experi- 
 enced from the people of this state, and their renewed approba- 
 tion on a recent occasion, have impressed me with sentiments of 
 gratitude, which no time nor vicissitude can extinguish. But pre- 
 ferring the testimony of conduct to the 1 mguage of profession, I 
 shall cheerfully submit to the decision of time, my profound sense 
 of the distinguished honors conferred on me for my humble exer- 
 tions in favor of the prosperity of our country. 
 
 DE WITT CLINTON. 
 
 Albany. 2d January. 1827^