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copyright by Cornell University Library 1993.ANNUAL MESSAGE
OF THE
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OF THE
STATE OF NEW YORK.ANNUAL MESSAGE
OF
THE G-OYERNOE
OF THE
STATE OF NEW YORK.
STATE OF NEW YOKE:
Executive Department,
Albany, January 7, 1868.
To the Legislature:
Through the favor of Almighty God, the year which has just
drawn to a close has been crowned with the blessings of peace and
prosperity.
The great and diversified interests of our State impose duties
of the utmost delicacy and responsibility upon the legislative
department of the Government. The condition of our finances
naturally presents itself as a leading subject of consideration,
intimately connected as it is with our general affairs, and engross-
ing, as it should, a large measure of public attention.
The report of the Comptroller, which I commend to careful
attention as an interesting and comprehensive document, shows
the debt of the State September 30th, 1867, after deducting the
balance of sinking funds unapplied, to be forty-four millions, one
hundred and fourteen thousand, five hundred and ninety-two dol-
lars and thirty-five cents.
There is a natural and just solicitude as to the ability of the
State to sustain the burdens resting upon it, and in regard to the
continued ease with which taxation has so far been borne. It is
apprehended in some quarters that there are financial trials im-
pending which will prove far more severe than any in the past.
It seems to me that there is only required a prudent economy in
all matters pertaining to the administration of Government, and a
thorough revision of the whole tax and assessment system to vir-
dicate a reasonable expectation of our continued prosperity. Our
wealth and our resources are so vast that no reasoning founded
12
GOVERNOR’S MESSAGE.
upon our past condition during periods of great public indebted-
ness, is directly applicable now. Material wealth in every form
has immensely increased. This is conspicuously true of New
York, as it is of a great area over which new States are forming.
As a fair measure of this advance, it will be seen that the New
York city banks in November, 1860, as represented by their loans,
conducted a business of one hundred and twenty-two millions of
dollars, and at the same date in 1867, the volume of their loans
was nearly two hundred and forty-eight millions of dollars, or
more than double the business of i860. Hardly less significant,
if not in so great a ratio, is the advance in most departments
of business and enterprise, as will be found by reference to the
tables of commerce and tonnage; railroad and insurance capital;
mercantile, manufacturing and mechanical employments, and the
value of real and personal estate.
The amount to each person of our tax for 1866, paid to tfie
General Government upon an approximate estimate, was, from
internal revenue sources, $8.80; upon custom duties, $5.15; mak-
ing a total of $13.95. Placing our population at four millions it
would amount to the sum of fifty-five millions, eight hundred
thousand dollars. The aggregate of State, county, town and city
taxes, can hardly exceed this sum by ten millions of dollars. If
the assessed valuation of taxable property was the true index of
its real value, the burdens imposed might be regarded with great
uneasiness, if not with just alarm. But no such disquietude has
been felt at the centers of business; real property has maintained
its ^prices; manufactures have prospered, and trade has been
remunerative. According to the census of 1865, in an area
of 28,297,142 acres of land embraced in the State, about
16,000,000 of acres are improved, and the value of the farms
is placed at nine hundred and twenty millions, three hundred
and forty-nine thousand, three hundred and thirty-one dollars; an
increase of thirteen ten-hundredths per cent, in five years: and the
valuation of farm stock, agricultural implements, furniture, and in-
vestments in manufactures, swells the amount to twenty-four hun-
dred and seventy-three millions, three hundred and ninety-eight
thousand, five hundred and forty-nine dollars. This enumeration
does not include the amount invested in commerce, articles of per-
sonal adornment, and many other items of personal property: it
is probable, however, they fully equal the value of those I have
named. I think it is safe to assume that the aggregate valuation
of the whole real and personal property of the State will not fallGOVERNOR’S MESSAGE.
3
below forty-five hundred millions of dollars, as against sixteen
hundred and sixty-four millions, one hundred and seven thousand,
seven hundred and twenty-five dollars returned to the State Ases-
sors, and upon which their equalization was based. Upon this
statement of value, the whole aggregate of Federal, State and
local taxes would be less than three per cent.
May we not take another view of the case and inquire whether
that part of our population belonging to the productive class are
able, from the annual profits of labor and enterprise, to sustain
the estimate of one hundred and twenty millions of dollars tax-
ation. The aggregate of our population, according to the census
of 1865, referred to, was 3,831,777. Excluding from this num-
ber females, and males under twenty-five and over sixty years of
age, as non-producers, we have left 742,166 persons. It is obvious,
upon this theory, that these sustain the great burden of taxation,
and that the average paid by each is about one hundred and fifty
dollars; full one-half of which sum is for purposes within our own
State. When it is understood that a large number of these seven
hundred and forty-two thousand one hundred and sixty-six per-
sons from their wealth, pay many times one hundred and fifty
dollars, it follows that the remainder pay less, and so little, that
the burden adjusted upon a real knowledge of the true value of
the property each and all possessed, would be indeed light. It
will be borne in mind also, that the amount will annually be
diminished both from the extinguishment of debt and the increase
of population and wealth.
It is an error, however, to suppose that females and minors con-
tribute nothing to our practical resources as elements of produc-
tive wealth. It is to be remembered that all invested capital is
productive to the community as well as to the party making the
investment, and that a very large proportion of the wealth of the
State is owned by females, by minors, and by citizens who have
passed the limit of three score years. These, though not for the
most part active laborers, are, through the investment of their
property in the various departments of corporate enterprise,
including railway and navigation companies, banking and manu-
facturing, and all other similar corporations, availing themselves
constantly of the agency of others to advance our general inte-
rests and prosperity, and augment the wealth of the State. They
pay a proportion of our State and National taxes upon the pro-4
GOVERNOR'S MESSAGE.
perty thus invested, besides sharing the burdens common to us
all, incident to the operation of the revenue laws.
The convergence of vast interests in New York, as the great
commercial and financial center of the nation; our extensive ope-
rations, delicate as they are important, and the large share we are
called upon to contribute to the support of the General Govern-
ment, seem to justify more extended discussion.
In further considering the subject, it may not be profitable to
discuss, or important to settle the question whether the rebellion
could have been suppressed with less sacrifice than it has cost us.
With a united North, none will doubt that it could have been.
But the public debt is upon us, as the unavoidable result of the
war; and notwithstanding its great burdens, we may yet congratu-
late ourselves that they are far short of the averted ruin of a di-
vided country; and if we are called upon to deplore the disasters
of the struggle, we may also rejoice in its compensations. Among
these may be found its lessons of warning, its test of parties and
their principles, its development of the patriotic endurance of our
people, and the assurance it brings of the stability of our institu-
tions.
A debt created in maintaining the perpetuity of our government
and in defense of invaluable rights, is one which all honest men
will agree must be paid. It is one for the payment of which we
have all pledged our faith. It is our common interest to pay it.
It is essential to the preservation of our public credit no less than
to the maintenance of our personal, our State, and our National
honor. There is hardly a man, woman or child that has not an
interest in our public securities. There are three hundred and
ninety millions in legal tenders and fractional currency, and
nearly three hundred millions of bank notes secured' by Govern-
ment bonds. There are sixteen hundred national banks with four
hundred and nineteen millions of capital, and five hundred and sixty
millions on deposit, with their officers, stockholders and deposi-
tors. There are also State banks, individual bankers, trust, life,
fire and marine insurance companies, with their numerous parties
in interest, and to this add the savings banks, whose aggregate
deposits in this State alone amount to one hundred and thirty-one
millions of dollars, with over five hundred thousand depositors.
All these institutions not only have directly more or less of Gov-
ernment securities, but all their debts and liabilities are payable
in the legal tenders of the Government. Not to dwell on thisGOVERNOR’S MESSAGE.
5
vast array of individual and corporate interest in our public secu-
rities, it is enough to say that, it is a debt due from the Govern-
ment which was saved, to the people who saved it. It is just,
however, to the Government and the people alike, that this obliga-
tion should be discharged in such a manner as shall most conduce
to the interest and the honor of both. The public should not be
subjected to undue burdens by forcing the premature payment of
the principal; nor should we fail to provide for the prompt pay-
ment of the interest and such a reduction of the principal as will
not impair our productive energies. Such a forced payment is
uncalled for by a prudent regard to the public faith or the public
good; and as it requires continued heavy taxation, we may wisely
forbear to apply such a test to the forbearance and patience of the
people.
We have been thoroughly educated in the doctrine that every
geueration, so far as possible, should pay its own indebtedness.
There are exceptions, however, to this correct rule; most promr
nent among them is the case before us, in which great trials have
been endured and great sacrifices made, not only to protect the
present rights of the people, but to perpetuate the blessings of
good government. Weighed down by the derangements and devas-
tations of the most formidable war known to history; for the
benefit of the coming generations, as well as for the safety and
security of the present, we require time for the renewal of our
industry, to replenish our means, and to gather strength from
reconstruction and increased population. It will be honor
enough—when, in the not far distant future, from recuperated en-
ergies the burden will be lighter—to illume our history with the
extinction of a public debt created in defense of our liberties.
We are called upon, therefore, by every consideration of interest
and of duty, to relieve labor from its oppressive burdens, and as
most of the evils which the rebellion has entailed upon us center
in taxation, to the solution of this problem the thoughtful con-
* sideration of all is invited.
Congress can, and doubtless will, in their good judgment, strike
hundreds of items from the tax list which are more fruitful of an-
noyance than of revenue; and it should reduce and re-adjust the taxes
so as to have them fall where they would be least felt, most readily
paid, and most easily collected. With a judicious reduction and
adjustment of taxes, wise retrenchment, and a firm and impartial
enforcement of the revenue laws; with industry relieved and enter-6
GOVERNOR'S MESSAGE.
prise encouraged, and the vast treasury of our natural resources
made tributary to our progress, we look to the future of the coun-
try with calm and assured confidence. Our national production
has doubled in thirteen or fourteen years, and we may reasonably
expect with taxes so reduced as not to impede national develop-
ment, our power from production will be twice as great at the end
of that period of time. At least, an estimate based on past con-
ditions of growth, can hardly fail to be realized in the future.
The re-adjustment above suggested is the more essential in view
of the high price of commodities and the low price of gold, which
tend as stimulants to foreign importations. It is hardly to be
expected, however, that we shall ever get back to the prices which
prevailed prior to the rebellion. I need not advert to the causes
further than to remark, that gold has depreciated or lost in its
purchasing power from its greatly increased production within the
last few years. In countries where a gold currency prevails, prices
have steadily increased, and from the prospect and returns of the
mines, this cause must inevitably continue to affect prices in a
greater or less degree.
In regard to local taxes, I am convinced that our method of
assessment is essentially defective. It cannot be doubted that a
much nearer approximation to equal assessment could be attained
if our laws provided for specific returns of all taxable property.
No one can question that the personal property of individuals
very largely escapes taxation. The personal property of this
State in 1860, after deducting corporate property, left the amount
assessed to individuals at about one hundred millions of dollars.
This class of property in Georgia was assessed that year, after
deducting the slave property at the estimated average value of
four hundred dollars a slave, at two hundred and ninety-two mil-
lions : in Mississippi, at three hundred and thirty-three millions ;
and in South Carolina, at two hundred and sixty-two millions of
dollars. In Ohio, for the year 1866, the amount was four hundred
and six millions. The same year in this State the personal prop-
erty indicated was about two hundred and thirty millions. How
much of this was corporate property, in the States referred to for
comparison, I am not informed, but it could not have been very
considerable. Evidently the assessment is based on different prin-
ciples, designed to produe a more just distribution of burden; for
there can be no doubt but the personal property of individuals in
this State is many times more than that held in the above namedGOVERNOR’S MESSAGE.
7
States. The existing laxity and inequality of assessment operates
with severity and injustice upon real estate, and upon those who
are taxed more nearly or entirely to the sum of their personal
property. It is likewise evident that this defective assessment of
personal property throws an undue and disproportionate share
of the State tax upon counties where but a moderate amount
of personal property is held. Real estate may be, and doubtless
is, generally undervalued ; but a uniform increase in its valuation,
while reducing the percentage, will not affect the amount of tax,
and it is apparent that it would be reduced by just so much as
personal property is brought to light and made to bear its equitable
share of the burden. If discrimination may be made, it should
not be to the prejudice of real estate, because personal property
costs the public more for its protection, and generally yields a
larger proportionate profit. We have nothing to fear from unwil-
lingness in the people to contribute fairly to a just distribution of
taxation, but unequal as it is, the murmur of discontent may be
expected. A burden which may easily be borne when distributed
uniformly and equally, placed on the shoulders of a few, or upon
the many with unjust discrimination, becomes oppressive.
The laws in several of the States require individuals to furnish
returns of their property as the basis of valuation. The tax laws
of Ohio are represented to me as working satisfactorily, and I
believe the same experience has obtained in some of the eastern
States. In this or some other and better form, a remedy should
be provided for the imperfections of our existing system. I com-
mend this important matter to your early consideration, and respect-
fully suggest, that if the difficulties incident to the question should
seem to you to require it, it might be advisable to provide for a
competent commission to investigate the subject, and report
promptly to the Legislature such facts as they can collect, with
such recommendations as may be deemed advisable, in view of the
practical results of legislation in other States in aid of this general
object. The end to be attained is one in which the entire com-
munity is deeply interested. Every class of our citizens recognize
the necessity* of reform, and all will cordially acquiesce in such
legislation as will secure a fair and just equalization of the general
burden. Every citizen will be content to do his part, if he can be
assured that he is charged with no more than his own equitable
and legitimate share.8	GOVERNOR’S MESSAGE.
Canals and Canal Fund.
Balance in the treasury and invested, Oct. 1st, 1866........... $4,884,634 12
Received during the year....................................... 6,681,329 02
$10,565,963 14
Paid during the year........................................... 6,725,027 48
Leaving a balance, September 30, 1867, of ..................... $3,840,935 66
Revenue during the fiscal year.
Prom tolls............................................................... $3,992,161 29
Rent of surplus water......................................... ........	1,165 00
Interest on current canal revenues....................................... 51,437 88
Miscellaneous receipts................................................... 5,593 62
$4,050,357 79
Expenses.
To Canal Commissioners for repairs......................... $313,681 88
To Contractors for repairs................................. 691,033 52
To Superintendents for repairs............................. 70,162 51
To Collectors, for salaries, clerk hire, pay of inspectors and
expenses of collectors5 offices......................... 76,168 96
To salaries chargeable to annual revenues, refunding tolls,
printing and miscellaneous payments..................... 69,145 78
----------- 1,220,192 65
Surplus revenues..............................-................... $2,830,165 14
Surplus revenues, which have been transferred to the Sinking Punds, as follows :
Under article 7, section 1 of	the Constitution...........................  $1,700,000	00
Under article 7, section 2 of	the Constitution............................... 350,000	00
Under article 7, section 3 of	the Constitution............................... 780,165	14
$2,830,165 14
Canal debt, paying interest on the 30th September, 1867:
Principal. Annual inter5!.
Under article 7, section 1 of the Constitution..........  $3,247,900	00	$162,395	00
Under article 7, section 3 of the Constitution..........  10,775,000	00	646,250	00
Under article 7, section 12 of the Constitution..........  1,700,000	00	102,000	00
$15,722,900 00	$910,645 00
The aggregate balances of the sinking funds, applicable to the
canal debt at the close of the fiscal year, were $3,214,940.10.
None of the stocks named in the foregoing table mature before
October 1st, 1868, and then only $247,900. The department has
purchased $2,443,700 of five and six per cent, unmatured canal
stocks at a discount of $75,187.50, and redeemed $53,300 of stock
overdue and not before presented for payment, making a total of
$2,497,000 purchased and cancelled during the year. On the firstGOVERNOR’S MESSAGE.
9
day of October, 1868, the actual and estimated balances in the
sinking funds will exceed $4,000,000, applicable to the payment
of the principal of the canal debt. At the close of the fiscal year
in 1860, the aggregate of this debt was.......$27,107,321 48
Present debt.................................. 15,722,900 00
Amount of reduction in seven years_____________ $11,384,421 48
Should the surplus of $4,000,000 be applied in October, 1868,
the debt will be reduced to $11,722,900. Upon the basis of the
average revenues of the canals during the last seven years, the
whole will be fully extinguished in 1874 ; and the Canal and
General Fund debt, now a lien upon the canal revenues, will be
discharged in 1877.
Tha taxes levied and money appropriated for the improvement
of the Champlain canal, according to the plan prescribed by the
act of 1864, will not complete the work, and the further sum of
$20,000, is required for that purpose, as now estimated. The
enlargement of the remaining locks of this canal to the dimensions
of those on the Erie, seems essential to its full measure of useful-
ness. The amount needed for such an improvement ought not to
exceed $250,000. The importance and value of this branch of our
system of public works will not be doubted; nor that the com-
pletion of such enlargement would more than meet the fair
demands of production and enterprise, and ultimately repay the
investment.
The Genesee Valley canal is one of the State works finally con-
structed under the present Constitution, and still retains its inal-
ienable character. The revenues of this canal in good condition,
it is believed, would be fully adequate for necessary repairs and
maintenance, but its improvement will become a charge upon the
public treasury. For several seasons, during the summer months,
the deficiency of water on the summit level of this canal has im-
peded, and latterly wholly interrupted navigation near its
southern terminus. If we continue to refuse the amount neces-
sary to restore the canal to a navigable condition, it is equivalent
to a declaration that the southern portion of the line may be
abandoned. It is estimated by intelligent authority that the
difference of tolls arising from a judicious expenditure on this
canal, would pay six per cent, on $250,000. If this be true, our
pecuniary interests will not be impaired, while our good faith10
GOVERNOR'S MESSAGE.
will be maintained, in granting the aid needed to restore to use
this public work.
Upon the extension of the Chenango canal, the sum of $842,146.00
has been expended, and the work is still unfinished. The appropria-
tion has been exhausted, and the work upon it has been stopped.
The deliberations of the Constitutional Convention do not warrant
the belief that, in an amended Constitution, the creation of a debt for
canal purposes will be authorized. Our experience derived from the
history of our public works, is adverse to the economy, to say the
least, of a temporary suspension in their prosecution. Assuming
that it is just to public expectation, and advantageous to the pub-
lic interests to complete this work in the not far distant future, I
respectfully invite your attention to the consideration of the
question whether it may not be well to proceed with the work
without further delay.
The other canals of the State are in a fair and prosperous con-
dition, and by their contributions to the public wealth and busi-
ness, justify the policy that has inaugurated, maintained and
extended these great avenues of inland commerce. The con-
stantly augmenting productions of the great west; the iron, coal
and lumber trade; together with freight from other sources of
development, which attain with each returning year still greater
proportions, give increased support to our public works, and
incite to yet further advance in perfecting the facilities for internal
transportation. For detailed statements as to their particular
condition and needs, I respectfully refer you to the report of the
Canal Commissioners and the Canal Auditor.
CLAIMS AGAINST THE GENERAL GOVERNMENT.
The settlement of the unadjusted accounts between the State
and the United States, has been urged as rapidly as their compli-
cated nature would permit. Of that portion for war expenses,
amounting to $1,529,345.18, which had been suspended, and which
was unadjusted at the date of my last annual message, the sum of
$879,058.22 has been allowed and passed to the credit of the
State, leaving $650,286.96, which is nowfin the course of settle-
ment, but under existing regulations, subject to technical objec-
tions which involve some delay. I have also caused to be pre-
sented the claim arising under chapters three hundred and ninety-
seven and four hundred and twenty-one of the Laws of 1862,GOVERNOR’S MESSAGE.
11
amounting to $281,845.86, which, with the preceding sum, will
nearly balance the amount advanced by the United States, includ-
ing the direct tax; the difference being only $2,842.72. The
value of the clothing and equipage retained and issued to the
National Guard of the State, has not been ascertained, but under
the present orders of the War Department, there can be no doubt
of an early adjustment of this portion of our account upon an
equitable basis. In addition to the foregoing accounts, are several
of comparatively small amounts, created by authority of acts of
the Legislature in 1862, 1864 and 1865, and which, as soon as
prepared, will be embraced in the schedules for payment. The
State has taken the initiatory measures to secure a final and com-
plete settlement, by the appointment of commissioners, under the
provisions of chapter three hundred and fifty-seven, Laws of 1867,
and it is to be hoped that Congress will speedily authorize the
appointment of a similar commission, on the part of the United
States, clothed with full power to allow all equitable claims.
Every proper effort should be made to this end, and when fully
accomplished, there will be cause for congratulation, that the
State has emerged from the great conflict with so little direct
burden for ordinary military expenses.
MILITARY DEPARTMENTS;
The National Guard of the State has improved during the past
year in organization, discipline and practice. It has been my
pride, hardly less than my duty, to promote such a condition of
our military force that, in ordinary periods, it might inspire gen-
eral confidence, and in emergencies to which a great State is sub-
ject, its power could be displayed with advantage and honor.
In a State so strong in its varied elements of power, so rich in
means and resources, with a population so sensitive to social and
commercial revulsions, and a frontier so extended and exposed to
the inroads and invasions incident to war, the importance of main-
taining a thorough and sufficient military establishment can hardly
admit of debate. It assumes the dignity and importance of a co-
ordinate branch of the civil government, and as such, is entitled
to liberal recognition and support. A free government, however
perfect its constitution and laws, cannot safely dispense with a
well organized militia. It is a safeguard and protection from
those extraordinary outbreaks which occasionally threaten to dis-
turb the peace of society, and the security of property ; and when12
GOVERNOR’S MESSAGE.
occasion requires, it may always be relied upon to aid in the
enforcement of law and the maintenance of order. It may be
regarded as the power in reserve for the preservation, in great
exigencies, of the rights of the citizen and the safety of the State.
It will be conceded that there should be at all times a good orga-
nization of volunteers, well armed, equipped and uniformed at the
public cost, practiced and disciplined to the best attainable extent
in peace, and ready for any emergency that shall call them to arms.
It seems to me, however, that we should undertake to maintain
only so large a force as may be placed on a complete war footing
and trust for its increase, from time to time, to our advance in
population, enterprise and prosperity. I therefore respectfully
recommend the reduction of the present minimum of the National
Guard to a number that can be fully equipped, thoroughly disci-
plined and qualified for active duty.
I submit for your consideration also the propriety of authoriz-
ing encampments of the militia in various sections of the State
during the coming season. Such a measure would tend to incite
a spirit of generous emulation, productive of improvement in the
drill and discipline of our arms-bearing population. Assembled
in large bodies; subjected to rigid inspection; and schooled in the
routine of military duty, the men become, in some degree, inured
to the exposures and hardships of the more severe service of the
field.
The present numerical strength of the National Guard is about
forty-five thousand officers and men. For a detailed account of
the. condition of the military forces of the State, I refer you to
the report of the Adjutant-General, which will soon be transmit-
ted for your consideration.
The other military departments of the State afford evidence of
the progress common to every branch of our militia system. The
duties of the officers of my staff have been performed with intelli-
gence and fidelity; and in all projects of reform within the pro-
vine^ of their respective departments, they have uniformly given
zealous and efficient co-operation. Their several reports showing
the business of the bureaus under their supervision, will be duly
submitted for your information.
SOLDIERS7 AGENCY AND HOME.
Incident to the close of our late war, are certain appeals for aid
which enlist the higher sentiments of our nature, and commandGOVERNORS MESSAGE
13
hearty and general appreciation. Prominent among these are the
collection and preservation of the evidences of the patriotism of
our State; of the endurance and valor of those of her sons who
participated in that great struggle; and of the leading historical
incidents of this memorable period of our history. To extend to
the widows and orphans of those who died for their country every
facility in the preparation and prosecution of their claims on the
General Government, and the prompt and economical collection of
the amounts due them, is a duty we have cheerfully recognized
and faithfully endeavored to discharge. It is, however, a contin-
uing obligation, and the work is not fully performed. Then there
are those with wounds received amid the shock of arms, who still
have needs that our sense of justice and gratitude will neither
deny nor ignore. Many are incapacitated from competition in the
market of unskilled labor, whose years and previous training
unlit for higher employments. The character and extent of
the provisions yet made by the General Government for this class
are inadequate to their condition and wants; and I feel assured that
it is only necessary to refer to them, and to the origin and extent of
their disabilities, to secure the most thoughtful consideration on
your part, and the most ample provision for their comfort.
From the report of the Chief of the Bureau of Military Statis-
tics, it will be seen that the labor of preserving and arranging the
memorials and historical narratives, has been continued. Very
much of interest and value has been added during the year. The
sum of ten thousand, nine hundred and seventeen dollars and
eighty-one cents has been received for the “Hall of Military
Record” since the last report; making the whole sum for that pur-
pose up to the present time thirty-six thousand, two hundred and
eighty-eight dollars and ninety-six cents.
The work has already been commenced on the new capitol
under favorable promise of early completion, and I venture to
renew the suggestion made in my last annual message that a suita-
ble room, both as to arrangement, safety and location, may be pro-
vided in that building for the purpose I have indicated, without
increased public expenditure or inconvenience to other public
interests. In view of the fact that hardly one-half of the amount
contemplated by law, has been raised for the “Record Hall,” and
that it is not probable that the balance will be fully paid in, it has
seemed to me that the funds thus far donated for that purpose
could very properly be used in founding a permanent soldiers’14
GOVERNOR’S MESSAGE.
home for disabled men of our volunteer forces. This would not
be such a departure from the original object as to disappoint the
purpose of those who contributed to the fund; on the contrary,
it would meet their hearty and earnest approval. It is presumed
that the generosity of the citizens of Albany, who placed at the
disposal of the State a suitable lot for the proposed hall, would
find equally liberal expression in any arrangement for the perma-
nent location of the home in the buildings now used for that
purpose.
The military agencies at Washington and Albany, have met
with great success in their beneficent work. Over six hundred
and sixty-five thousand dollars have been collected since January
1st, 1867; more than forty thousand letters have been written,
and there are now in the agencies, pending action at the depart-
ments in Washington, over eighteen thousand claims, involving at
least two millions of dollars. I think it not too much to say that
no public trust, requiring so much detailed labor, has been admin-
istered with more economy, nor is there any charity with stronger
claims, or more appropriately under the care of the State.
There are at present in the “ Soldiers’ Home” two hundred and
seventy-nine inmates. Of these one hundred and one have lost
one or more limbs; seventy-five have been otherwise mutilated,
and the remainder are in the hospital for treatment or disabled
from sickness. During the summer months some of these men
obtained light employment, and for a time supported themselves;
but on the approach of winter, both because of a decreased demand
for such labor, and their inability to withstand the severity of the
season, many of them have returned to the institution. A large
number enter the Home for temporary assistance required by
re-opening wounds or recurring sickness. In health, by the aid
of a pension, they can maintain themselves, and it is only when
compelled from these causes that the shelter of the Home is
required. During the first year, nearly three-fourths of the admis-
sions were of this character, and during the past year about the
* same proportion have been received. This large class, by far the
most numerous, and alike entitled to consideration, are not within
the requirements for admission into the United States Home, which
receives only those who are permanently disabled. Something
more should be done by us. It is probable that an arrangement
could be made with the United States authorities for the support
of those entirely disabled, in a home within our own State andGOVERNOR’S MESSAGE.
15
under our supervision and control. My observation leads to the
opinion that the soldier leaves his own State, however pleasant
and generous the retreat within another may be, with extreme
reluctance. It was a patriotic duty to accept the trials of war,
but it is hard, after the war is over, to separate these suffering and
maimed defenders so widely from home and friends, and to remove
them from the State whose safety and peace have been secured by
their unfaltering courage and devotion. I do not over-estimate
the pride and the gratitude of the people of New York, in assum-
ing your readiness as their representatives to meet the utmost
requirements of these most deserving men. It is therefore scarcely
necessary to recommend that an appropriation be made for the
establishment of a permanent Home. Should the Legislature,
however, not concur in these views, I respectfully ask that pro-
vision be made to continue the present arrangement until such
time as the transfer of the wholly disabled to the United States
homes can be effected, and until the partially disabled are in such
condition as to justify their return to their families, neighbors or
friends.
PUBLIC CHARITIES.
A liberal and humane policy in relieving the subjects of misfor-
tune and affliction has prevailed in this State from an early period
in our history. Through legislative action and the various chan-
nels of private benevolence, the means and facilities have constantly
been multiplying for providing for the wants of the hapless and
destitute in all the departments of public charity. It no sooner
became apparent that the provision for the protection and treat-
ment of the insane at the Utica asylum was inadequate, than
measures were taken to provide the needed accommodations. Two
other institutions were projected and are now in process of con-
struction : the Willard Asylum at Ovid, and the Hudson River
Asylum at Poughkeepsie. The central portion and one wing of
the former are nearly finished, and it may be opened for the recep-
tion of patients during the present year. The commissioners in
charge seem to have shown a wise regard for economy in prose-*
cuting the work by using materials found on the lands appropriated
by the State, and avoiding the needless and improvident expendi-
tures which too often augment the cost of structures erected under
State authority. The trustees of the Hudson River Asylum have
adopted well conceived plans for the buildings, and are now
engaged in the earnest and faithful discharge of their duties. The16
GOVERNOR’S MESSAGE.
necessity which called for this extension of the benevolent care of
the State over this class of her helpless children, will continue with
increasing force until these additional institutions are opened for
the reception of patients. I would therefore recommend such
action as will lead to their early completion, as a matter of wisdom
as well as humanity.
The officers of the asylum at Utica report the general operations
of that institution for the past year as follows :
Under treatment at the commencement of the year
Deceived during the year........................
Whole number treated.......................
Discharged during the year....................
Discharged improved during the year...........
Discharged unimproved during the year.........
Discharged as not insane during the year......
Died during the year..........................
641
401
1042
159
58
. 164
7
51
The commissioners intrusted with the construction of buildings
for the blind at Batavia have made successful progress, but will
require an additional appropriation to complete the tasteful and
well-arranged structure now in course of construction. They have
manifested commendable regard for the interests of the State; and
in the prosecution of the enterprise have displayed marked intel-
ligence, zeal, and fidelity.
The Board of Trustees suggest that the number and needs of
this class of unfortunate persons are such as to call for two insti-
tutions of this character. Should this view obtain, your attention
is respectfully directed to their earnest recommendation for the
purchase of the building at Binghamton, already selected and pre-
pared for the temporary use of the blind.
In pursuance of an act of the last Legislature, the trustees of
the Inebriate Asylum at Binghamton have conveyed the asylum
property to the State. The board have continued in the discharge
of their duties, and I am informed the asylum is now in successful
operation. Questions relating to the change of title, and the neces-
sity of a modified system of regulations, will doubtless be dis-
cussed in the report of the trustees.
The institutions already in operation for the treatment of the
blind, the deaf and dumb, and the idiotic, and those of a reform-
atory character are fulfilling the just expectations of the State,
and producing the beneficent results contemplated; and this is
apparently true of those founded by private munificence as well
as those established and maintained by public authority.GOVERNOR’S MESSAGE.
17
The last Legislature devolved upon me the duty of appointing
a board with the power of visitation and supervision over all public
charities. Gentlemen of culture and experience were selected for
this important trust. Owing, however, to the probable changes
affecting this class of interests through the provisions of a new
constitution, they have not yet proceeded to make a thorough
investigation of possible abuses, nor completed the plans they are
engaged in maturing for the purpose of reforming existing defects,
and ensuring better discipline in these charitable agencies. It is
nevertheless true, that much valuable information has been elicited,
and their report will have an interest commensurate with the im-
portance of the subject.
It will be conceded that a system involving so large an expen-
diture of public money, embracing all classes of the destitute, the
afflicted and the depraved, should be perfected as far as possible ;
and it is believed that the labors of a commission so intelligent and
competent, will lead to reforms which will diminish the expense
of maintaining these institutions, and render them still more effec-
tive as agencies of public charity.
Your attention is invited to the interesting report of Mr. John Jay,
the special commissioner appointed by me to represent the State
in the board of the Antietam Cemetery. The cemetery was origin-
ally founded by the Legislature of Maryland as a State enterprise,
for the interment of all who fell in the battle of Antietam, or
during the first invasion of Lee. By a subsequent law of Mary-
land, it was converted into a National cemetery for the same pur-
pose, to be governed by a board of trustees, representing the
States whose dead should be interred therein, and who should
join in its establishment.
Besides New York, the States of New Jersey, Minnesota, Maine,
Rhode Island, Pennsylvania, Wisconsin, West Virginia, Massachu-
setts, Ohio, Indiana, Vermont and Michigan have joined the asso-
ciation and made appropriations for its support. New York has a
larger interest than any of these States in this cemetery, from the
greater proportion of her sons who fell in the battle. Of thirty-
one officers and two thousand four hundred and sixty-two private
soldiers whose remains had been identified and interred up to the
23d of May last, nine officers and seven hundred and thirty-six
soldiers were from New York, and this number has since been
increased, the total burials in November last being reported at
four thousand six hundred and seventy-five. A very clear and
218
GOVERNORS MESSAGE.
satisfactory account is given by the Commissioner of the care with
which the interments have been conducted, with a view to the
identification of each particular grave, and of the substantial char-
acter of the improvements on the cemetery grounds, and the pru-
dence and judgment with which the funds have been applied.
The appropriation by this State of ten thousand dollars will cover
its share of the entire cost of completing the cemetery and all the
proposed improvements. It yet remains to provide for head
stones, with a brief inscription, for the grave of each soldier, and
a pro rata contribution toward the monumental statue of a Union
soldier keeping guard over the dead, which the trustees propose
to erect at an expense of thirty thousand dollars.
STATE PRISONS.
It appears from the report of the inspectors, that there were
twenty-nine hundred and twenty inmates in the State prisons on
the thirtieth of September last. The management of the prisons
has given general satisfaction, and the financial results are more
favorable than I had at one time apprehended. It is true that the
expenditures have been about one hundred and seventy thousand
dollars over the receipts; but the causes which have produced
this result are clearly and satisfactorily explained in the annual
statement of the inspectors. While it is desirable that the receipts
should be at least equal to; the expenses, this cannot properly be
regarded as the primary object, nor even as one of the,most essen-
tial requirements of these institutions. The regulation of the mode
and degree of punishment, the safe keeping of the convicts, the
maintenance of prison discipline, and the adaptation of the means
employed for the reformation of the criminals, are matters of even
greater importance than a fiscal balance in our favor on the prison
ledger. It seems possible, however, to promote this end without
drawing, under ordinary circumstances, upon the public treasury.
The most favorable results from the industry of convicts have been
attained at the Dannemora prison, where the inmates are employed
directly by the agents of the State. It is the judgment of the in-
spectors, in which I am inclined to concur, that the extension of
this system to our other prisons would be attended with advantage
to the convicts and profit to the State.
The records of the prisons show an improved state of discipline,
resulting, doubtless, from more strict administration, and the incen-
tives to good conduct held out to the convicts under the authorityGOVERNOR’S MESSAGE.
19
of a recent act of the Legislature, allowing them to earn certain
deductions from the period of imprisonment, by the careful obser-
vance of prison regulations.
It is not improbable that some modification of our prison sys-
tem will be recommended by the Convention for the revision of
the Constitution, and hence I forbear to enter more largely upon
the discussion of this branch of the public interests. The whole
subject of our prison administration; the punishment and reforma-
tion of criminals; and the exercise of the pardoning power, is
worthy of grave and thoughtful consideration. Much has already
been accomplished, but much* more remains to be done in perfect-
ing reforms which seem to be attainable through well guarded and
enlightened legislation.
QU EAR AN TINE-PUBLIC HEALTH----HARBOR OF NEW YORK.
The number of alien immigrants who arrived at the port of New
York during the past year was two hundred and forty-two thou-
sand, seven hundred and thirty-eight, being nine thousand three
hundred and twenty in excess of last year. Immigration is one
of the sources of the wealth of our country, and an essential ele-
ment of its progress and power. It is estimated that during the
last twenty years about four millions of immigrants have arrived
at the port of New York alone, and we may safely assume that
these accessions, together with their natural increase, amount at
present to eight millions, or nearly one-fourth of our entire popu-
lation. While it is true that our cheap and fertile lands, our pro-
fitable pursuits, and our free institutions invite them hither, it is
also true that commerce and industry generally follow the march
of the immigrant. A glance at the rapid growth of our north-
western States and of some of our northern cities plainly discloses
the influence of this cause upon our general prosperity.
Our recent civil war has removed the obstacles which tended to
discourage the immigrant from settling in the southern portion of
our country, but which will now claim to participate in this agency
so important to its early recovery from the devastations of war,
and the degradation of labor consequent upon the long prevalence
of slavery. The commissioners of emigration deem it a privilege
to extend a hearty welcome to the new comers, and direct their
footsteps to these inviting fields of industry and profit. It will
be regarded as a duty we owe alike to our institutions and to the
emigrant whom we invite to our shores, to encourage and foster20
GOVERNOR’S MESSAGE.
a wise distribution over our country of these inflowing elements
of National wealth and progress.
The fund under the control of the commissioners is created by
a per-capita tax of $2.50 for each alien, which is devoted mainly
to the support of the sick and indigent upon their arrival at the
port, and in maintaining suitable agencies to carry out the humane
purposes of the law establishing the board. The landing depot
at Castle Garden has been improved, the facilities for landing
purposes increased, and new appliances added for the comfort
and security of the immigrant. Prom the fund thus obtained,
large and beautiful hospital buildings have been erected on Ward’s
Island, where the unfortunate and afflicted are kindly cared for,
and prepared for the new associations and the active affairs of the
land of their adoption.
The improved sanitary condition of the Metropolitan district
during the past year, and the decrease in the mortality of the cities
of New York and Brooklyn, are important and gratifying.
This district, the centre of American commerce and the entrepot
of foreign immigration, though almost constantly threatened dur-
ing the past season, has been secured from the ravages of epidemic
disease; and the business and commercial interests of the State
have suffered no interruption. The success of these efforts has
justified the demand of an enlightened public, for intelligent and
scientific administration of the health laws in the most populous
portion of the State. It will be readily understood that our exten-
sive commerce with nearly all parts of the world, and the vast and
steadily increasing immigration to our shores from Europe, are
constant sources of danger to the health and lives of our citizens
from the importation of contagious and infectious diseases. Prom
statistics furnished me by the Health Officer, it appears that since
the first day of January last, one hundred and forty-eight vessels
have been placed under quarantine. In addition, over two hun-
dred vessels came from ports known to be infected with yellow
fever, and these were required by law as well as by common pru-
dence, to be detained a sufficient time to determine whether they
were free from disease. The danger to which we are exposed, and
the disaster that would be likely to follow from inefficient or
incompetent administration of our quarantine and health laws, are
not lightly to be estimated.
The hospital authorized to be erected on West Bank, under the
act of 1866, has so far progressed that its -final and successfulGOVERNOR’S MESSAGE.
21
completion is promised early tlie coming season. This, it is
believed, will meet one of the great needs of the sanitary autho-
rities, but they will still be without warehouses for infected goods,
proper facilities for well passengers detained under quarantine, or
a suitable landing and boarding station. The duty of the General
Government to provide such warehouses is generally conceded,
and I am not without hope that Congress will yet take measures
to this end.
Provision was made by the act of April last, for the temporary
occupation of Barren Island, as a place for the detention of well
passengers under quarantine, and for a permanent station on Coney
Island. A site for the latter was selected by a board of officers
charged with that duty, but the commissioners have been restrained
by injunction from taking possession. The law authorized the
selection of a suitable site on the west end of the island. It was
deemed proper that it should embrace a sufficient area to secure
complete isolation, and thus avoid any possible danger from its
use for quarantine purposes, but I am advised that the court has
decided that the powers of the board were limited, and that they
had no right to take the question of isolation into consideration.
The effect of the decision has been to render that portion of the
act inoperative, and your attention is respectfully directed to the
question whether there should be further legislation to promote
the original object.
The Police, Fire and Central Park Commissioners have con-
tinued to discharge their important functions to the satisfaction of
the people of the State, and in a manner especially acceptable to
the communities more immediately affected by their action.
An act was passed by the Legislature in 1865 to authorize the
erection of warehouses and docks in the port of New York, for
quarantine purposes. These docks and warehouses were designed
to facilitate the discharge of cargoes from vessels not infected
with disease, although subject to detention by reason of exposure
on the voyage, or in ports from which they sailed. At present
such vessels are relieved of their cargoes by lighters, at some
point in the bay considerably removed from the main land. It
was supposed that the projected warehouses could be erected in
the bay, not less than one and a half miles from shore, and a
restriction to that effect is contained in the act referred to.
By the same act the Governor was authorized to appoint com-
missioners to confer with the authorities of the State of New Jersey,
relative to the insufficiency of the quarantine regulations with that22
GOVERNOR’S MESSAGE.
State, applicable to the waters, and land under water, within her
jurisdiction. It has been ascertained that a suitable site can-
not be found, except on lands under water, the proprietary
right to which is ceded to New Jersey by the compact made
with that State in 1834. The commissioners appointed have en-
deavored to obtain the grant, and the Legislature of that State, by
joint resolutions passed in April last, designated commissioners to
confer with them on the subject. The result of their conference,
I am assured, will be communicated to the Legislatures of both
States in time for action during the present winter.
In connection with this subject, my attention has also been called
to a prosecution instituted by the late Attorney-General, in the
name of the people, against the New Jersey Central Railroad
Company, to prevent the construction by that company, of docks
and piers projecting from the New Jersey shore far out into the
bay of New York. A large area of the bay, comprising many
hundreds of acres, is included within these structures. The com-
pact between the States expressly secured to New York exclusive
jurisdiction over these waters to low water mark on the New Jersey
shore, but subject to the right of the latter State to construct
wharves and docks. It is claimed by New Jersey that the pro-
visions of the compact authorizing such construction, by legal
implication, permit their extension and filling in with earth
beyond low water mark, so far as may be found convenient for
commercial purposes. It is sought on this ground to justify the
erection by the New Jersey Central Railroad Company, of struc-
tures extending a mile into the bay, under grants obtained from
that State. If these encroachments on the bay are continued, they
will seriously interfere with the use of the harbor and the conve-
nience of general commerce; and if they are in violation of the
territorial rights of New York, this constitutes an additional and
conclusive reason for restraining them. In either view, it is ob-
vious that wharf lines on both shores of the harbor should be
established, beyond which docks should not be extended. With
my sanction, the commissioners appointed presented the subject to
the agents on the part of New Jersey. It is hoped that a satis-
factory arrangement will be agreed upon and submitted to you at
an early day.
The questions involved are of the greatest importance. The.
foreign and domestic trade, at the port of New York, is of im-
mense magnitude, and that city is already the rival of the leading
seanorts of the old world. In the hone that interests so vast mavGOVERNOR’S MESSAGE.	23
be further promoted, I think it desirable to continue the commis-
sion.
The whole subject, relating to obstructions of the harbor, and
a more commodious and complete system of wharves and piers, is
of grave public importance, and I respectfully commend it to your
careful consideration.
SPECIAL LEGISLATION.
In my last annual message, I alluded to the importance of strict
adherence to the policy indicated in the first section of the eighth
article of the Constitution, which 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 objects of the corporation
cannot be attained under general laws.77 Acting in the spirit of
this provision, the Legislature, from time to time, framed laws of
general scope and application, almost wholly removing the neces-
sity for special charters. It seems to me that this regulation
should be strictly observed; and that exceptions should be ad-
mitted only in cases of extreme hardship, and when the public
good clearly justifies a departure from the general rule. The
pressure of private interests has led to its disregard, and we have
seen individuals and associations obtain by inconsiderate legisla-
tive grants, unnecessary and extraordinary special privileges and
powers. In a period of vast transactions and great commercial
activity, competition in every department of enterprise finds in-
creased stimulus, and you doubtless will be frequently invoked to
advance schemes which promise individual advantages and the
promotion of objects seemingly meritorious.
The danger lies in the tendency to give projects for private ad-
vantage and gain an undue prominence, to the prejudice of the
vast public trusts committed to your special and immediate super-
vision. The last Legislature passed more than one thousand bills,
of which nine hundred and seventy-four received my approval,
covering twenty-six hundred printed pages. Of this number, one
hundred and twelve only were of a general public character,
while three hundred and thirty-seven related exclusively to pri-
vate interests, and five hundred and twenty-five had merely a local
bearing. If it is considered that the work of preparing, examining
and maturing these measures was compressed into a period of less
than four months, it will be apparent that a great proportion of24
GOVERNOR’S MESSAGE.
the bills must have been passed without careful examination and
a deliberate consideration of their provisions and legal effect.
More than one-half of these bills were enacted during the last
ten days of the session, and notwithstanding close application
on my part, in the discharge of the duty devolving upon me,
four hundred and ninety-four did not receive my approval until
after the adjournment of the Legislature. This is not wholly
an exceptional case. With my immediate predecessor, two hun-
dred and eighty-one bills the first year of his term, and two
hundred and forty the second year, were acted upon after the
close of the session, and obviously from the same cause. It can-
not be doubted that a firm adherence to the policy indicated in
the Constitution would tend to more careful legislation, and a
great reduction in the number of the laws. It is a significant fact,
that the French House of Deputies, during its last session, of more
than five months duration, enacted only one hundred and thirty-
five laws. The Parliament of Great Britain, during the years
1865 and 1866, enacted but three hundred and ninety-six; and the
88th and 39th Congress of the United States, embracing a period
of four years, enacted only three hundred and twenty eight laws,
including those of a private and public character. This compari-
son gives support to the prevalent opinion that we not only legis-
late too much, but that a portion of the measures over which the
Legislature exercises jurisdiction are imperfectly considered, un-
called for, and lead to embarassment and confusion.
Entrusted by the Constitution with the authority to impose taxes
for public purposes, and charged with the duty of restricting the
powers of municipal corporations to contract debts, the obligation
resting upon you is alike delicate, arduous and responsible. A
large portion of the tax borne by the people is the outgrowth of
the recent war, the exigencies of which justified the assent of the
Legislature to the large burdens assumed by the State and by
localities. But the war has passed, and every consideration of
policy, patriotism and interest, points to the necessity of a prudent
husbandry of the public resources, and a careful avoidance of all
experimental legislation for mere private or corporate ends.
EDUCATION.
There are probably few among us who, even amid the pressure
of the active affairs of life, fail to recognize the importance and
magnitude of our system of popular education. Our people have
acted upon the theory that the extension to every class and condi-GOVERNOR’S MESSAGE.
25
tion of society, of the means of early education, and facilities for
the acquisition of knowledge in after life, contributes to the pre-
vention of crime, the preservation of social order, the security and
stability of the government, and the thrift and prosperity of all
who are engaged in the various departments of industry. Our
legislation has been based on this liberal and enlightened policy,
and the practical result is that our schools are open to the children,
even of the poor and the homeless. We have been steadily
extending the facilities for instruction in the higher departments.
The State has generously and wisely given aid, from time to time,
to institutions struggling to rise under the disadvantage of a feeble
endowment or a limited patronage. The revenue of a permanent
fund, wisely established for the development of the sciences,' has
been liberally dispensed, and there is reason to believe that our
system of education, as a whole, is meeting the just expectations
of the people.
The following summary is gathered from the records of the
department of Public Instruction, and from the interesting report
of the Superintendent:
For the support of Common Schools—
Public moneys, including three-quarters mill tax........................ $1,403,163 84
Voluntary local taxation in the school districts....................... 5,591,871 06
Rate bills............................................................. 743,306 72
Other sources.......................................................... 1,134,890 74
Expenses during the year—
Teachers’wages ........................................................ 4,881,447 53
Libraries.............................................................. 24,414 86
School apparatus.. .................................................... 211,637 82
Building and repairs of school houses.................................. 1,712,523 36
Miscellaneous and incidental .......................................... 850,884 73
Balance reported on hand............................................... 1,192,324 06
Total number of children and youth between the ages of five and twenty-
one years........................................................... 1,372,853
Number of children between the ages of six and seventeen years......... 943,699
Number of children of school age who have attended the public schools
during some portion of the year..................................... 947,162
Teachers employed in public schools for twenty-eight weeks or more.....	15,606
Number of male teachers.....................................*.......... 5,263
do	female eachers.....................................................    21,218
do	school districts....................................................   11,724
do	school houses........................................................  11,580
Aggregate number of weeks........................... .................. 357,137
Volumes in district libraries.......................................... 1,113,147
Number of pupil teachers attending the three Normal schools............ 689
Teachers instructed in teachers5 institutes................... 9,682
Teachers in teachers5 classes in academies........................... 1,373
Amount of money to be apportioned for the support of common schools for
the current fiscal year................................................. $2,400,134 65GOVERNOR’S MESSAGE.
26
The report farther shows that the number of children and
youth in daily attendance at the public schools is 30.62 per cent,
of the entire number between five and twenty-one years of age, or
44.54 per cent, of the whole number of children between six and
seventeen.
In my last annual message, I expressed the opinion that the
propositions for the location of normal and training schools in the
villages of Fredonia, Brockport, Cortland and Potsdam, would be
carried into full effect at the earliest practicable period. That opin-
ion has been confirmed. The erection of the buildings has been vig-
orously prosecuted, and when they are finished and furnished,
with the grounds upon which they are located, the value cannot be
less than four hundred thousand dollars. The schools at Fredo-
nia and Cortland will be open for the reception of pupils during
the ensuing summer or early autumn. The main part of the
building at Brockport is completed and occupied for a normal
school, which is in successful operation. The Oswego and Albany
normal schools are reported to be in a prosperous condition, each
numbering as many pupil teachers as can well be provided with
instruction.
The establishment of two additional normal schools has been
authorized by law, one at Buffalo and one at Geneseo. The liber-
ality and public spirit of the people of these places will not fail
to consummate an enterprise of so much local and general import-
ance. I am informed by the Superintendent of Public Instruction,
that the law of last winter, which abolished rate bills and charges,
though it has been in operation only since the first of October
last, is producing a very large increase of the aggregate number
of pupils at the schools, and greater regularity in their attendance.
It is believed that the additional tax imposed by that law, will
equal the amount of money which has heretofore been raised by
rate bills. It has the effect, as will be seen, to decrease local or
school district taxation, by so much as it increases the general
State tax. It simply transfers the burden from the few to the
many; from those with limited means, but possibly with large
families, to the aggregate property of the commonwealth. An
examination of the assessed valuation of taxable property in the
several school districts of the State, will show that even for the
support of inferior schools the percentage of taxation in certain
districts often largely exceeds that in neighboring districts in
which there are superior schools, and the same or a greater num-GOVERNOR’S MESSAGE.	27
ber of children of school a^e. Conceding; that the education of
the people is a matter of common concern, to which each one
should contribute according to his pecuniary ability, the justice of
reducing this local district taxation by the general State tax for
the support of schools, is apparent. Even should the support of
free schools require an increase of this tax, I should still concur in
the opinion “that in promoting the great interest of moral and
intellectual cultivation, there can be no prodigality in the applica-
tion of the public treasure.”
In all our cities, and in most of our large villages, the education
of youth is provided for by special acts, giving enlarged powers
to the local authorities, or creating boards with exclusive control
of the schools. They are generally well managed, and it is' be-
lieved that our schools in the city, as well as in the country,
have advanced the character of our population above that of any
other people. If it is true, however, as asserted, that poverty,
crime and ignorance, still largely prevail in our most populous
cities, the result, in part at least, of neglect to educate all the
young, should we not extend and improve our schools and bring
every child within their influence ? In some of our cities, and
especially in New York and Brooklyn, the school accommodations
are insufficient, and thousands of children are unable to gain ad-
mission. The provision for higher classes and more advanced
pupils, is not deficient, but the rooms for primary scholars are over-
crowded. It is probable that the city authorities have power to
correct this defect, but if otherwise, I feel confident that the Legis-
lature will apply the appropriate remedy.
The Cornell University has been developed quietly and effect-
ively during the past year. One large and substantial edifice in
stone has been completed, and another is being pushed rapidly
forward. A large number of professors have been chosen, and
all the preparation for opening the university has so far advanced
as to induce the trustees to announce that students will be received
in September next. The law granting to this university the pro-
ceeds of the land grant of Congress, continued in force, will form
a noble endowment, and place the institution upon a foundation
which cannot fail to give it prosperity and permanence. It can
hardly be doubted that the original intention of the act to promote
agriculture and the mechanic arts will receive, in the progress of
this university, its highest fulfillment. Combining the greatest
scientific, literary and practical advantages, with a large number of28
GOVERNOR’S MESSAGE.
free scholarships open to competition in all the Assembly districts
of the State, and somewhat connected as it is with our common
school system, it seems w~ell worthy of the fostering care of the
Legislature, and of the confidence of the people of the State.
I would also call your attention to the State Cabinet of Geology
and Natural History, and the importance of keeping up its collec-
tions, and of completing the publications connected with the Natu-
ral History of the State, which have proved important auxiliaries
in the progress of geological science. These works are cited as
standard authority in all parts of the civilized world. Our collec-
tions have been largely increased during the past year in many of
the departments, and perhaps in no other State are the results of
scientific research more diligently sought or more carefully pre-
served. Our material interests are so intimately connected with
the advance of science in every department of investigation, that I
do not hesitate to commend it to further recognition and support.
The report of the Regents of the University presents the condi-
tion of the colleges and academies of the State as highly prosper-
ous. Among the interesting suggestions contained in their state-
ment, is that which relates to the growing munificence of indivi-
dual citizens in the permanent endowment of the higher institutions
of learning. It is stated, however, that instances have occurred in
which parties wishing to set aside funds for educational purposes,
have been at a loss how to secure their permanent application to
the end in view. While the State provides free instruction for all
in the elements of knowledge, it may properly encourage indivi-
dual liberality, by providing whatever is needed in legislation for
the protection of gifts and bequests to colleges and academies
incorporated by the State, and subject to its general supervision.
STATE AND NATIONAL INTERESTS.
The predictions of disaster to the country from the emancipation
of four millions of slaves, have been most signally falsified by the
event. They have exercised the rights of freemen ; and as they
before proved themselves brave and trusty soldiers, they have now
shown themselves faithful and willing laborers, and peaceful and
law-abiding citizens. They have diligently tilled the fields which
others owned, for wages hardly adequate to the support of human
life, and they have submitted patiently to the wrongs which others
were too ready to inflict. Availing themselves of the means of
education wherever the efforts of humanity in their behalf haveGOVERNOK’S MESSAGE.
29
not been repressed by violence, they have vindicated the wisdom
and justice of Congress, in admitting them to share with their
late masters, in the exercise of the freeman’s right of suffrage.
The propriety of this measure, like that of enrolling them in
our armies during the war, became in the public mind too obvious
to be postponed; it was, however, the occasion of earnest solici-
tude to many good and loyal men. It is no doubt desirable that
those who exercise the elective franchise under a democratic form
of government, should be educated and intelligent; but if the
right of suffrage was restricted by such a standard, it would not
tend to the extension of these advantages, or to the elevation of
the humbler orders of the community. It cannot be doubted
that most of the privileged class thus created, would be content
to retain undiminished the power deposited in their hands; and
few of them would care to raise those below them to equality of
political rights. One of the leading merits of our system of
representation, is its tendency to secure the benefit of just and
equal laws; to interest every citizen in the general welfare and
prosperity; extend to all the means of education, and to hold out
inducements to honorable exertion and the prospect of advance-
ment. But still more important than the qualification of intelli-
gence and education is that of loyal allegiance to the government;
and a condition of things existed at the south which made this a
vital consideration.
It is conceded that, at the fall of the Confederacy, the States
which composed it were “ deprived of all civil governments.”
They were disorganized communities, and while they failed to
escape from their obligations by destroying the Union, they suc-
ceeded in renouncing their political rights under the Constitution,
and in destroying their local state organizations. The President,
doubtless, had authority to hold them under military rule until
provision could be made for their reorganization under the autho-
rity of public law; but he had no right to institute civil govern-
ment for the insurgent States. He had no power to enact or to
repeal an act of Congress. Clearly these were questions for the
law-making power of the Government; and to be determined, not
by his will, but by the will of the Nation, expressed in the form
prescribed by the Constitution. His policy, as disclosed, was to
assume the prerogatives of Congress, and to exercise in those
states the powers relinquished by the Confederate leaders. He
not only proposed his own terms to them, but also to the Nation,30
GOVERNOK’S MESSAGE.
and by reinstating the rebel authority with increased political
power, to confer upon the vanquished the fruits of victory. His
plan embraced no less than immediate representation at Washing-
ton; the Congress at Richmond having been overturned. It was
proposed by him to restore those who had been defeated in war,
to the position of a governing class; ruling those whom they had
recently held in bonds, and making laws for the nation which they
had tried and failed to destroy. It was a policy revolting to the
general sense of national justice and manhood, and acceptable
only to those who loved power, hated liberty, or sympathized
wit,h the rebellion. From the west, the east and the north came
the voice of dissatisfaction, and the work of reconstruction was
entered upon by the law making power to which it belonged.
The desire for an early restoration of the insurgent States to
their practical relations in the Union, led the people to hope that
the expectations held out to the rebels, had not checked the re-
turning spirit of loyalty, which was gaining ground in each of the
Southern States after the close of the war. Then it wras that
Congress at the first opportunity, in a noble spirit of conciliation
and forbearance towards those who had risen in arms against the
Republic, proposed, in the form of constitutional amendments,
conditions of restoration both generous and just. I did not
doubt, as expressed in my last annual message, their prompt ac-
ceptance, if the communities lately in rebellion were ready to
accept the results of war, and return to the support of a govern-
ment framed by our common fathers. This peace offering, which
was promptly ratified by most of the loyal Stated, was rejected
with scorn by the rebels.
They thus put it beyond all question that they were yet ani-
mated by the spirit of the rebellion. It is equally clear that there
could be no restoration, so far as the issue depended on their
voice, except on terms involving the abandonment of the unpro-
tected southern unionists, and the abject surrender by Congress
of increased political power in the government, to disloyal persons,
as a reward for their attempts to overthrow it. This spirit was
inflamed by encouragement received from official quarters, until
at last, the scenes at Fort Pillow wrere re-enacted at Memphis and
Newr Orleans, in the butchery of unarmed Union men, under the
shadow of the federal flag. This method of reconstruction being
thus closed, Congress availed itself of the only remaining opening
to an early and peaceful re-establishment of these States.GOVERNOR’S MESSAGE.
31
It is well known that there was a large body of Union electors
distributed throughout the South, consisting of those who were
never in sympathy with the rebellion, and of those who, though
numbered with the insurgents, were ready to accept the results of
war and to return to their old allegiance. These were, however,
mainly powerless, because they were largely outnumbered by
those with whom they shared the privilege of access to the polls.
There was also a large body of men, composing two-fifths of the
whole population, born on the same soil, equally true to the Gov-
ernment, and equally powerless, because they were disfranchised.
If these two classes were allowed to act together in the use of the
rights of our common manhood, it will be seen that the only obstacle
was peaceably removed; as together, they outnumbered the rebel
electors who prevented the work of reconstruction. Therefore
the question to be determined by Congress was not one of abstract
theory, as to the highest qualifications for a wise exercise of politi-
cal rights. The question in this case, was one of practical states-
manship, in view of the actual condition of the country, and the
importance of early and complete reunion. The end to be accom-
plished involved the peace, the honor, and the interests of the
republic. It was essential to the return of order, the removal of
military authority, and the renewal of commercial prosperity to
the States which had been the theatre of war. It promised to
secure our future unity and repose; settle our public credit on
firm and just foundations, and enable the insurgents to repair the
waste of war, and to bear their share of the common burden,
which their crime had brought upon the country. Under their
pretended State organizations, the local offices were filled by those
who defied the authority of the Nation, and who had refused to
take the oath of allegiance required of every legislative, executive
and judicial officer in all the States of the Union, by the sixth
article of the Federal Constitution.
The loyal portion of the population was for reunion on an accept-
able basis, and giving assurance of our future security and repose.
On the other side, the disloyal, emboldened by new hopes, were
arrayed in hostility to the people of the Union. Would it have
been wise, let me ask, on the part of Congress, to make these men
the arbiters of reconstruction? Should we have reconstructed
the insurgents into a privileged class, and disfranchised the loyal
population, for the benefit of the rebel minority ? Should we
have delivered over the white Unionists to the mercy of the ene-
mies, by whom they were pursued and oppressed ? Should we32
GOVERNOR’S MESSAGE.
have remanded to a condition of serfdom the whole body of the
colored race, who became, by the terms of the amended Constitu-
tion, entitled like ourselves to the immunities of free citizens ?
In a word, should we have rejected the aid of those who had
proved their loyalty and love of liberty, by befriending our armies
at the peril of their lives, and by fighting in our ranks, when vic-
tory brought no promotion to them, and when the captive could
look only for slavery or death ? To questions like these there
could be but one response from the representatives of the loyal
people.
The work of reconstruction has progressed, though for a time
slowly. Constitutions have been framed, so liberal and just in
their provisions as to extort commendation even from rebel gene-
rals. Those who were arrayed against the government are coming
over to its support. The return of liberal institutions, it is grati-
fying to note, is welcomed in States exhausted by war ; and unless
new obstacles are interposed to delay it, we have every reason to
believe that the work of restoration is on the eve of final success.
While, then, we deeply deplore the loss of life and the desolations
of this sad war, let us rejoice, in that it has resulted in the recog-
nition of civil liberty as the common heritage of humanity, and in
the establishment of equality of right before the law, as a funda-
mental principle of free government. I do not overstate the patriot-
ism of the people in the remark, that they were never more united
than now, in the purpose to hold what has thus been achieved,
as the unlooked for results of a causeless and bloody rebellion for
the establishment of slave empire and the destruction of the Ameri-
can Union.
I am aware that the obstacles interposed in the way of recon-
struction, have naturally tended to withdraw the attention of the
people and their representatives from other matters of vital and
general interest to us all. Questions affecting the condition of the
currency, the volume of debt, the measure of taxation, and the
rigid and systematic retrenchment of all our expenditures, come
home to every household.
I appreciate the responsible duties which devolve upon you indi-
vidually and collectively, as well in council as in legislation, and
I need not assure you of my hearty co-operation in all that may
tend to the honor and interest of the State, and to our common
prosperity as a people.
REUBEN E. FENTON.