SPEECH OF liOYIi^2s"Oia, liL\XTOX- TO THE LEGISLATURE DF THE STATE OP NEW-YORl^, ON THt: iSlXTH DAY OF JANUARY, 1819. .*' i g O »» w ALBANY: PRINTED AT THE REGISTER OFFICE, 1819. 61503 . •05 ? 123 ^Pl^E^^B^ Hentlanen of the Senate and. of the Assemlly, A MEETING of the representatives of a free people for the purposes of legislation, is, at all times, an event interesting to the community and honorat)le to the human character : but its importance is greatly enhanced, when they are called upon, by the peculiar state of the country, to deliberate and to decide np- on subjects intimately associated with its prosperity and its honor, and with the cardinal interests of all future generations. Under these circumstances you have now assembled, and fortunately at a time the most propitious to patriotic views, to wise deliberations and to energetic decisions. At no period, within my recollection, has the public mind been in a state of greater tranquillity, more exempt from the impulses of ambition, and the agitations of fac- tion, and more accessible to the influence of reason and of pa- triotism. , . , Our country is in a state of profound peace, which promises a long duration, and even the civilized nations of the eastern hemi- sphere have 'sheathed the desolating sword. An enlightened and exalted spirit predominates friendly, to the primary interests of the state,— to the promotion of agriculture, commerce and the arts, to the-encouragement of literature and science, of schools, academies, colleges, universities and learned societies— to the advancement of those great internal communications which form the basis of individual and public wealth, and to the elevation of our national character, by works of public snd permanent utility, and by acts which consult the welfare and the dignity of the hu- man race. In addition to these distinguished advantages, we have enjoyed the blessings of a healthy season and of an abun- dant harvest ; our seminaries of instruction have increased ia usefulness; our population is augmenting beyond all former ex- perience ; justice is administered with purity and ability; the maiesly of the laws is respected ; the influence of religion and morality is spreading : And, after fully estimating those afflic- tions, which must be experienced by all human beings, and those evils'which are incident to all human institutions, it is not too much to say, that we never had more reason to be grateful to the Almighty Dispenser of all good. At a period so auspicious, we cannot therefore anticipffte disappointment from your delibera- tions. As the faithful representatives of the people, possessing their confidence, you will not hesitate to obey their voice. And, 'm discharging an important duty assigned to me by the constitu- tion I shall exhibit to you without reserve, but with the most profound respect, my views of the policy which ought to be pur- sued, of the evils which ought to be corrected, and of the me^- iures which ought to be adopted. 4 The progress of our iuternal imiirovcnieuU has cquailet] oup most sanguine expectations. In ilie course of the next season, the Northern Camil, extending from Whitehall at the head of Lake Champlain, to Fort Edward, on the Hudson River, a dis- tance of twenty-three miles, and the whole of the middle seclion of the Western Canal, comprising ninety-four miles, and reachiug from the Seneca Uiver to the Mohawk River at Utica, will be completed and in a navigable sle careei- by pecuniary appropriations, and if a board of agriculture, connec'ed with a course of approjMri- ate stuilies, be instituted, we have every reason to believe that the most bcueQcial consequeaces will result, in njultiplying the products of ihe country — in encrcasini; (he value and ameliorat- in;; the quality of our cjtntno'iities — in [»reventing the undue aug- mby — a science of all others the most interesting, and the least uiid^-rslood. Th? spe- cial designation of a tund for these objects, either by some of the expedients proposed at the list session, or by otliers i\hich can be easily devised, is required by every consideration of public spirit and public duty. In connection with this subject it is proper to remark that the reputation of our llour is at such a lo*v ebb in foreign markets, that it sells from one and a half to two dollars less by the Oarrel th^ii that exported Irom Philadelphia and Baltimore. 'JMiis caunot be imputed to the inferiority of the seed — to the sterility of the soil, or to its natural inaptitude for such productions. On the contra- ry there is reason to believe that wheat is one of our indigenous plants, and we are certain that our soil and climate are admirably adapted to its growth. The fault niutt be with the farmi r, the mauulaoturer, or inspector. The value of a bushel of wheat for Ihe last ten years has averaged from one and a half to two dol- lars, and the flour inspected in the port of New- York is about 300,000 barrels a year. The immense loss sustained by the bad state of this 8ta|)le commodity requires an efficient remedy. The Chamber of Commerce of the city of New- York have instituted an enquiry on this subject, and their commendable zeal will, 1 am persuaded, prove honorable to their institution, and beneficial to thtir country. As the prosperity of agriculture is essentially connected with ensy and cheap means of transportation, the importance of good communications by land, as well as l)y water, cannot escape yoiir attention. All roarts leading to navigable rivers and lakes — (o cities, towns and villages — to manulacturing establishmenla and depositories of produce and merchandize, are eulitled to your countenance; and in places of a ditfertnt descviption, where a thin and commencing population prevents the extensive and use- ful application of individual exertion, there is every inducement on your part to encourage the growth ind settlement of the coun- try, by opening the means of communication. The improvement of old, and the creation of new roads, is at al! times an incumbent duty, and a beneficial exercise of power. It cannot have esciip- -€d your observation, that in many instances the worst highways are in the most ancient and opulent settlements; that several turnpikes have injured instead of facilitating intercourse, and that the laws on this subject do not reach the sources of the evil. In our zeal, however, to establish new and good roads, indifferent sections of the country, let us not transcend the limits of private right and public utility. It is a novel, and to say the least, a questionable exercise of authority, to coerce contributions to the slock of Turnpike Companies, and it is apprehended that cases have occm-'red where meritorious settlers and nonresident propri- etors have grievously suffered by the exaction of assessments to open communications artfully contrived for the bene^t pf individu- als, without any view to the public accommodation. The provision for elementary instruction is so liberal that no further pecuniary assistance is required : but your interposition in other respects would be attended with decided advantages. The most durable impressions rdrr the cducat.on of t c r rh '.renin ci>ie., it is uncjuestional.Iy In^t that ^-^r^^-^;^; fe!ess,ngs of social connnunion, and entille.l to our deepest p'^'V^^^'y' The li'.>e.;!l ^^rant of 10,000 dollars a year to the governors of the ^ew-Yo.•k Hospital has enabled them to erect a most spa- cious and accon.mo.;aling asylum for lunat.cs about .even m.les from the city, and on the island of New-York : An.l the appl.ca- rlf this^-un.l has been so judiciously tere properly instructed in the military art, it would form an inij)rpgn:;l.'Ie defence of the country ; and, 1 do not despair to see the iUTomplishniem of tliis desiralde object, by the establishment of military schools and by the exteusion of beneficial iramuiiities. An exeri![)iion from personal taxation, either wholly, or, to a limited jimount, in favor of those portions of militia, who uniform therntclves in l"al)rics of Americari manufacture, would, I am |)er- suarleil, induce the wliole body to array themselves in a military dre?s : And, by these means, that most useful class of the com- muniiy employed in manufaclures would be materially beripliHed- On the suljtct of the medical sta.Tof the militia, 1 shall direct tut- ■ hP Vaid before you an able and luminous report from the distin^ ^ «uished seatleman who presides over that iaiportant department, ^ Theer^barrassments arising from the disordered state o our nirrencv have increased, instead ot diminishing, since 1 had the honour to address the legislature on this subject. The vast excess 0?rper above metallic money, at least treble in amount -and fhe constant demand for the latter, have produced a state ol alarm and aox ieTy, and have created great distress, not only in the mer- ^«nfHe -lies but in all the departments of productive industry. An un Inefficient preventives are adopted and suitable reme- dies applied, the evil will be in a state of progressive augmenta- ? ion The supplies of the precious metals have decreased m con- seauence of the agitations in Spanish America, ami our me al ic mon vis continually diminishing by its conversion into articles of "uLy and accommodation and by vast exportations to Asia. OniheoLr hand, paper money is augmenting, by the improvi- den conduct of the governments, in the creation ol banking insti- futions for every new bank will increase the quantity ol paper iSoney/by a forced circulation of its notes. A proposition to in- vest bank^s with the power of coining money, would have no ad- Tocates and, yet it might not he so pernicious as he - hor iy^a - readv sranted of emitting bank notes:— tor, m the touner case^ aie money vvould have intrinsie value, and its emission would be mi?ed by the ability of the banks to procure the precious metals an^ in the other, its value would depend upon the mock m- tbi'ch these institutions were established and administered and Ii:rttr of their issues might be >heir ^Hity U. ohta. the^oi. ?;ur"'qre r c;rdiaranT:;.e'getic co-operation of the people Ind their governments. If we return to the observance ol th t economy and simplicity most becoming the d.gm y ot reemen, we may confidently calculate upon being rescued Irom this u„en.. TilbTe situTtion. Having uniformly opposed the multM-l.cat.ou Tf bank I now only ex^r.ss opinions formed lor many years al^ t matreddLration, knd which are every day sanctioned by thP nroeress of time and the voice of experience. The s a e of oUr penitentiaries requires your serious eonsulera^ succeeded .«o her pUees and .y ^^^ ^^_^,^ ^^^^ ,^^ ^^. IZce and "l™,, e,rmind'and Ids p=..io„s „,._=. b. disc.p .ned Sc.ua,, ,U..nd,.^^^^^ suhjecled '? P"""";- J ;.;Xc online comh.c( ,.r oti.ers, it irrouMirnetTs: y i ., i .h.*\e certa-,,, a.d .hat i,. rea„.los hS be unq, 3ti 'uable. 0.. the ,nccD. nlan, th«e .b no clas- n siftcatiou of age or crime. Each apardnent h calcrlaJed hi. aljoul eighteen persons. All deaeri|){.ous ol convicts are crowded (ogelher vvilboui disliuction— the young and the old— the healthy and the unhealthy — the novice and the adejit in crime : and here the hardtMied oflVnder boasts of his vices, unfolds his expedients Hnd completely eradicates every remaining impression of recti- tude, hiich is the perversity of human nature that a man desti- tute of virtue will be vain of his vices , and, as a spirit of prose- Jytism prevails among the wickeil as well as the good, our (leni- lentiaries become schools of lerpiiude in which profligacy is incul- cated in its most odious forms and in all its terrible enormities. OU'enders having thus the amusements of society, being ex- empt from grievous privations and severe labor and entertaining a persuasion that the encrcasing influx iuio the [)rison must soon release them from confinement, view their [luui^hment without terror, and rcluru into society wilh corrupt piinci|)les, with de- praved feelings, and with every diij|)osition to renew their crimes. Hence we sonietinies see oflenders imprisoned ou a third convic- tion; and frequently, the day of their release by pardon, or ex|)i- ration ol sentence, witnesses their apprehension for now otrences. In consequence of the crouded state of the [jrisona, t'le execu- tive is reduced (o this dilemma, either to exercise the pardoning power to a |)ernicious extent, or to witness the destruction of the whole penitentiary system. He is also frequently deceived by misrepresentation; and pardons are sometimes granted to the v.-orst on the recomuundatiou of the best men in the community, Avho, in listening to their sympathy, lose sight of their patriotism, and who submit themselves to the iuflufoce of a ^ickly and fas- tidious humanity, which confines its view to the otJender, and does not perceive, in his punishment, the establishment of the ge- neral security. Another ctrect is inevitable. Instead of rendering labor pro- ductive, and maintaining the establishment without expense to the state, aj)[)roprialiou3 for its support are annually called for, and are in a state of constaat accumulation. In November last there were in the State Prison at New-York about 603 convicts, of whom 410 were convicted of grand larce- ny, and 8G lor offences relating to the counterfeiting and ut- tering bank notes. There were, at that time, in the Stale Prison at Auburn, about 131 convicts, of whom 50 were confined for grand larceny, and '36 for counterfeiting and passing bank notes. The total numbi;v, in both prisons, was 734, and the offenders guilty of grand larceny, and cou[iterfeiting and uttering bank notes, were 582, leaving only 152 convicted of oiher crime?. As one main source of the evil is the inordinate numherof prison- ers, an efficacious remedy might be administered, by reducing the number of those contioed for grand larceny, and otfences agaiust banks. If solitary cells for the punishment of offenders below the vitbslaiHl"ig thai sl"!""^. "'''',,=,,,:,, ,Ut llie CTunterfeil- ver„raent lu .upl.roB, ll,e cr.n,. t 'f « j'^ ' ;,'„ „„,„„ |,„i „f money a,,,l coyey U ,"' l;'»»';.\;'' .tSr'sener.Uy in .he vicl- ='^„-jy'-:nar,rs;ara" .rJ aS^'ri..'e .a.. „/u= >o o,he» to pass. 4lh. Utlerers of counlerfeit ""'"'■?• . „.„,,, ,„ be sub- As .hese crimes are o. .Ijffere. <="°™ f;,^;^: rerleilers, a„,l .„,,,e,orsot,he.,epos,|or,es,ve. .^^^^ rity, it is beUeveil that these oaemAb , , ^ j^-.^^ before 1 sh.U cause the statute ol Lo«er Can da o ^^^.,5. ,ou; and if a similar act wer^^^^^^^^^^^^^ ,.,,.,, i-i'e 9Ur!> arrin2;ements between uk iv%i^ & ff:c:u,ny er.sh .he evii in i.s lnc.nen. ^^^-■^„„,,„„„a „, ,„ „.„e.e„.ia| 'fj "^ ''-rVn tnltlnt in.,,ee.i„,.. _ Each g-,ih pct convicts to compieie '«!' ' j as in the Cay ;irender shouM have a ,-[-^^!,;;;;f7,^;,ou and under the f,n.e, the prisoners would ^,^ f "Z';^'"^^^^^^^^ e.ch other, and eye of t!.e keepers P*''^^'^'"^ V Ti, iS^^^ punishment wouh! he in the nigh. S\me u. a stale ^^ /; ^^ f J ^vouUl pre- ho appalling, and c'-^'^-^.^.^^^^^ ',; \ fl-onr^ed, no riols or doniinate; and, as no conspiracies CA^ U = ^^^^^^^ ^^^ ^^ insurrections would occur and no m. hta y g ,,,ecessa- quired. A muU,pl.ctty «? P^-^;^!^ 7^;;7^^^,, . ,„,1 ,he prerogative rV by the improved cond.hon ^ ^^^.^^^ jj.^h.j.j- rendering of mercy .night be l^f;^^^^^^Z^^nsLu after the adjourn- U the duty o! the *\'^'7'i^ ^^J.^'^^^'^./.-jed slatement of the case of n.ent of every cr.mu.al ^'-^"f -^ ;^^^^^^^^^^ every onvict to ^^^^^'^^^^^'^^^Z insurrection took place In the course o^9^^^\^^ ^^d ,t various times a refractory in ,he state pr.son ^^ ..^ ?;/;;, f^^^ discipline, destructive of spirit has been nianile.ted. '"J"^ °"; - , \^,y ends of the rs- Ihe public property, and ^" -'^ ; \^ ^ \, be crushed, by the taldishment. This dangerou sp t ou n ,„ infliction of -^-f^-y^";":T:^com"H.l obedience, in defiance be expressly ^'•"'-V V con ider n^t'^^ -'''j'^^'^' '''''' "''' of all consefptences. la c''".'''^' f j suggested as proper, several minor arrangements ^-' ^\ '^,^^;: 'i]; of the stafe pri- Incasenoeontr.ct can be ,"^ ''^^^J'^^^^^^,' "^Tlilcretionary power r,on, or. in case of