\ \ Glass. Book. ?. .N Hd ( SPEECHES DIFFERENT GOVERNORS, Legislature o? the State o£ Xew-\ork, COMMENCING WITH THOSE OE ftEORGE CLINTON, AND CONTINUED DOWN TO THE PRESENT TIME. »@e« ALBANY: PRIJfTKO AND PUBLI3HBD, BT J. B. YAN ^EEH^BKRGH, A% ^.k- INDEX. GEORGE CLINTON. Tlie Speeches of Governor George Clinton, to the Legislaturt State of New-York, -were delivered in the following order mencing on the pages set opposite their respective dates. Kingston, September 10, 1777, , _ _ . Poughkeepsie, October 13, 1778, . - - . Kingston, August 24, 1779, . - - - _ Poughkeepsie, September 7, 1780, - - - _ Poughkeepsie, October 23, 1781, , - - . Poughkeepsie, July 11, 1782, New-York, January 21, 1784, - . . - . New-York, October 18, 1784, New-York, January 16, 1786, New-York, January 13, 1787, Poughkeepsie, January 11, 1788, - - - - Albany, December 1 1 , 1788, Albany, July 6, 1789, New-York, January 5, 1791, New-York, January, 5, 1792, . - - - i New-York, November 6, 1792, - - - Albany, January 7, 1794, Greenwich, Januarys, 1795, Letter and Message, Albany, January^6, 1802, Albany, January 25, 1803, . . - - - Albany, January 31, 1804, of {lie Com- PAGE. - 9 II 13 15 17 19 20 25 27 30 33 34 36 37 39 ■ 40 41 45 68 72 76 JOHN JAY. The Speeches of Governor John Jay, were delivered in the following order : Commencing on the^ pages set opposite their respective dates, PAGE. New- York, January 6, 1796, 47 New-York, November 1, 1796, 51 Albany, January 2, 1798, .54 Albany, August 9, 1798, 57 Albany, January 28, 1800, 60 Albany, November 4, 1800, 64 MORGAN LEWIS. Governor Lewis'' Speeches were delivered in the following order PAGE. Albany, November 6, 1804, - - - - - 81 Albany, January 28, 1806, ---... 85 Albany, January 27, 1807, - - . , 92 DANIEL D. TOMPKINS. Governor Tompkins^ Speeches were delivered in thefollotving order : PACE. Albany, January 26, 1808, - - * - - - - 97 Albany, November 1, 1808, 101 Albany, January 30, 1810, . . . . , 105 Albany, January 29, 1811, 109 Albany, January 28, 1812, 112 Albany, November 3, 1812, 120 Albany, January, 25, 1814, 123 Albany, September 27, 1814, 127 Albany, February 2, 1816, 130 Albany, November 5, 1816, i z z ' ' 134 DE WitT CLINTON. The Speeches of Governor De Witt Clinton, were delivered in the following order : PAGE. Albany, January 27, 1818, 138 Albany, January 5, 1819, 151 Albany, January 4, 1820, -.,... 166 Albany, November?, 1820, 177 Albany, January 2, 1822, .... - 186 Albany, January 4, 1825, a Message, - - - 22P. JOSEPH C. YATES. The Messages of Governor Yates, were transmitted to the Legisla- ture, in the following order : PAGE- Albany, January 7, 1823, ..... 202 Albany, January 6, 1824, 207 Albany, .August 2, 1824, - - - , . 218 INTRODUCTION, This publication was undertaken under an impression, that it Would prove a useful manual to every citizen, who is interested in the welfare, character, happiness and grandeur of the State of New-York. The Speeches of the different Governors, subse- quent to our emancipation from the yoke of Colonial servitude, are here collected, for the first time, and arranged with conformi- ty to chronological correctness. A compilation like the present, has long been wanted ; as it was only by reference to the perisha- ble publications of the day, or to the documents in the public offices, that we were enabled to obtain a knowledge of the con- tents of the executive communications to the successive Legisla- tures. The different Speeches and Messages are here presented to the reader in a form which enables him, with little trouble, to ob- tain much useful information, and to form an acquaintance with the political history of the state : And with this guide before him, the statesman will be assisted in tracing the march of a wise peo- ple, and in observing the means, by which New-York has atchiev- dd the greatness which has rendered her' the most powerful mem- ber of the American confederacy. GOVERNORS' SPEECHES, A meeting of the Legislature of the State of Ketii-York, xvas heU at Kingston^ September Plinth, one thovscatd seven hundred and seventy-seven ; Ziehen, after some peliminary proceedings, they, adjourned to the folloxiw'vg day ; at nhich time they met the Governor at '•'the Court-Room,'''' ■sohe?i lie made thefollorving SPEECH : Gentlemen of the Senate, and General Assembly, The invasion of the state, on the northern and western frontiers, and the prospect of an attack by General Howe, on the fortresses in the highlands, obliged me to prorogue the legislature, and to de- ny myself the pleasure of seeing our free and happy constitution so early organized as I could have wished. This I was the more readily led to do, as well from the busy season of the year, as the confidence which the people justly reposed in the abilities and in- tegrity of the gentlemen in whom the administration of government was then vested. At present, by the kind interposition of Providence, the cloud which hung over us seems in a great measure dispelled, and v.e have reason to expect a happy issue to this campaign. The good conduct and bravery of the garrison of Fort Schuyler^ seconded by the intre])idity of the late gallant General Herkcmer, and the militia of Tryon county, have entirely frustrated the de- signs of the enemy upon that part of the state ; and obliged them, after the loss of a great part of their army, with the most of their baggao"e and artillery, disgracefully to abandon their enterprise. The complete victory gained near Bennington, by the valour of the militia of N'ew-Hampshire, Massachusetts Bay, and the north- eastern counties of this state, together witii a small body of conti- nental troops, we have reason to hope will ciisck the })rogress of the enemy's arms, and secure our northern frontiers, 1 have, however, thought it proper, in order to strengthen the army com- manded by Major-General Gates, and to repress the incursions of the savages to the westward, to embody part of the miUtia, and. march them to the northward. I have also made a further draft, for the protection of the exposed inhabitants of the county of West 2 iO aOVERNORS' SPEECHES. Chester, and for the defence of the posts in the highlands ; which I have the pleasure of assuring you, are in so respectable a state of defence, as to promise us securit}' against any attack on that quar- ter. This, together with the several obstructions jn Hudson's ri- ver, has probably induced General Howe to alter his original plan, and to adopt another, which, from the vigilance of his excellency Genei-al Wr.shington, and the spirit of the southern militia, we have reason to hope will prove equally abortive, Gentlemen of the Senate, and General Assembly, As the security of every free state must, under God, depend upon its internal strength, 1 take this early opportunity' to recom- mend to you, as a matter of the utmost importance, a speedy revi- sion of our militia laws, which having been drawn at the commence- ment of this controversy, are^ from an alteration in circumstances, become inapplicable to our present situation. The state of our finances, likewise, claims your serious attention. The want of an organized government, has hitherto rendered it im- possible to make any provision for sinking the money, which the ■war obliged us to issue ; and we have thus accumulated a debt, which, if neglected, will not only prove burthensome to the state, but strike at the credit of our currency, which it behoves us so much to support. You wdl easily perceive, gentlemen, from the long suspension of law, and the disorder incident thereto, the necessity of making pro- per provision for the support of government ; on the vigour and dignity of which, the tranquihty of the state will, in a great mea- sure, depend. As the constitution has not prescribed the particular mode, in which elections are to be conducted, you will turn your atten- tion to some law, for that very necessary purjiose. Without detaining you any longer at this time, I shall, gentle- men, in the course of the session, take occasion to lay beiore j'ou such other matters as 1 conceive the necessities of the state require , Gentlemen, The late convention having, in their plan of government, mani- fested the most scrupulous attention to the freedom and happiness of the people, and by marking the line between the Executive, Le- gislntive, and Judicial powers, wisely provided for the security of ea'h ; it becomes our duty to second their endeavors ; And as our co';'>act will in ^oaVv^ measure be a rule for those who .are hereafter entrusted with the tubninistration of government, let us remain with- in the several departments in which the constitution has placed us, and thereby preserve the same inviolate, and repay the trust re- posed in us by our constituents, when they made us the guardians of their rights. I do not urge this, gentlemen, because I conceive the caution ne- cessary to you, but to shew the important light in which I see this GfeORGE CLINTON. 1 1 object ; and to convince you, (however unequal I may find myself (o the task) that it shall always be my strenuous endeavour, on the one hand, to retain and exercise for the advantarovision made for the defence of our fiontiers, a part of them has again been desolated by a merciless enemy. For a particular account of these devastations, I must refer you to the papers I now deliver you. — The force directed to be raised, by the legislature, for the fron- tier service, when conipared with the extent of country to be guard- ed, and with what has since appeared, the strength of the enemy employed against it, you will discover to have been insufficient in the lirst instance, and it became less competent in consequence of deficiencies, and by enlistments into the continental battalions. h\- |G. governors' speeches. lured by a generous bounty, the troops were easily induced to ea . ter into other corps, where their time of service was prolonged on- ly a few days ; and in which they were not exposed to greater hardships or danger. To prevent, as for as possible, a dimunition of this force, I rentured, although unauthorised by law, to retain on the frontiers, part of the levies intended to reinforce the army; which I trust, will receive your sanction ; and upon a representa- tion of the situation of the country to the commander in chief, hii excellency, from an earnest desire to preserve those valuable settlements , detached ior their defence, part of the levies from the eastern states, and the whole brigade raised by this state, as a rein- forcement to the army. This however, will be only a temporary relief, it being uncertain how long these troops will remain there : I must therefore recommend it to you, to provide against the con- tingency of their removal, which will certainly take place upon the expiration of the time limited for their service. Gentlemen, Notwithstanding the measures hitherto pursued, and although, these states, through the indulgence of heaven, abound with pro- risions, the army has not as yet received seasonable and competent supplies. I now communicate to you letters from the committee of congress at head quarters, and the commander in chief, upon this interesting subject ; and recommend them to your most seri- ous attention, with the fullest confidence, that nothing will be want- ing on your part ; and, that as far as the ability of this state ex- tends, no means will be left unessayed, to prevent the misfortunes which must inevitably result from a failure in the essential arti cle of subsistence. Gentlemen,^ When we reflect upon the present situation of our public af- fairs, it is evident, our embarrassments in the prosecution of the war, are chiefly to be attributed to a defect of power in those who ought to exercise a supreme direction ; for while congress only recommend, and the different states deliberate upon the propriety of the recommendation, we cannot expect a union of force or coun- cil. From this conviction, 1 take the liberty of submitting, to you, whether further means ought not to be devised, for accelera- ting the proposed confederation, and thereby vesting congress with such authority, as that in all matters which relate to the war, their requisitions may be peremptory. It is with pleasure, 1 find this to have been the sentiment of a convention of committees from three states, lately held at Boston ; whose proceedings, at their request, I now lay before you. Hitherto the war has been carried on without decisive advanta- ges on either side, and although it might be presumed, that our enemies, unsupported by any ally, and with every other power at least unfavorable to their cause, would have been convinced ef liEORGE CLiNTOit. 27 fWir mab.lity to Withstand the United arms of France, Spain, and Amenca ; and have withdrawn their armaments from our coasts, for the defence of their own : we find them, however, obstinately per- severing in the vain hopes of conquest. It behoves us therefore to preserve an unremitted zeal anbserve, that from the moment of their being disbanded to this hour. 22 governors' speeches. not one among themselves, to my knowledge, has been accused of misconduct, or a violation of the laws. Their wants have not forced them into the commission of injuries, nor have thoir arms rendered them forgetful that they were citizens. Such citizens have a dou- ble claim to your patronage and protection. With the matters of superior moment, which at this time call for your serious examination, is an attempt of the British court, by a proclamation of July last, to monopolize to themselves, the trade of the United States, with the West-Indies, by restricting the importation of American produce into those Islands to Brit- ish vessels only, and the exportation of West-India produce into these states, to vessels of the same description. It is exceeding- ly difficult to hold any intercourse with a nation that will not suf- fer her commerce with other states, to be governed by principles of equality and reciprocity ; but that such a spirit of monopoly should prevail in the seller, (for Britain as a commercial nation abounding in manufacturies, is principally to be vieAved in this light) and be arbitrarily held out to the buyer, who has his choice of markets, is as inconsistent with the interest of trade, as it must be odious and disgustful to those whom it is intended to en- snare or depress. Permit me to observe, that one eifect which the proclamation alluded to, has a tendency to produce, is that of throwing the trade, heretofore mutually carried on between the inhabitants of America and those of the West-Indies, into the hands of persons styling themselves, or acting among us, in the disguise of British subjects ; to the great dishonor of the Amer- ican flag, the injury of the fair trader and real citizen, and the dimunition and corruption of national character. There is con- siderable ground to apprehend, that the conduct of the British court, in this instance, is founded on a presumption that the con- federated powers of the United States, is not adequate to prevent the innovation. It becomes therefore our interest and our duty, to undeceive them, and if the powers given by the confederation are not competent for this purpose, to enlarge them ; for it is obvious, that any partial exertions of the states, individually, to correct this evil, will prove ineffectual. While I am on the subject of commerce, permit me gentlemen, "to call your atlention to the earliest and most effectual means for re- storing and improving that of this state. Our ports, so long with- held from us, are at length open to all the world. Let us give, to all, protection, encouragement and security, by providing that equal justice be administered to the stranger as well as tlie citizen, that the recovery of debts be speedy and effectual, that the fulfil- ment of contracts be enforced, that our staples be so inspected as to prevent luture imposition, and effectually to revive their repu- tation in foreign ports, where, for want of sufficient care, it has been greatly impaired. By these means, credit, the parent of commerce, will multiply her benefits, and security from imposi GEORGE CLINTON. 23 hons add to the value of our commodities ; while the stranger it invites, will reduce the price of those we get from abroad. The establishment of productive funds for the discharge of the interest, and for sinking, as soon as may be practicable, the principal of the public debts, is an object of so much moment, and tthich so essentially involves the prosperity of our citizens and the honor of government, that it cannot fail of claiming the most attentive consideration. Among the means that present themselves, for makmg this provision, beyond direct taxation, are the disposition of public lands, internal duties and excises, ma- rine passes, and a duty on sales at vendue. The land othce will, I flatter myself, be so regulated, as while it is rendered an object of revenue, it will at the same time, afford the utmost encourage- ment to the speedy settlement of the country. The cultivation of our lands ought to be one of our first cares, since the riches of a state is to be found in the number of its people. In this view, perhaps it may not be improper to invite the strangers to partake of the political blessings which we so happily enjoy, by facilita- ting the means of naturalization, and of obtaining and inneriting a portion of the unappropi-iated lands. It is my duty to recommend to your early consideration, such a provision for the support of the ofhcers of government, as is con- sistent with its dignity, and will tend to procure, or continue in public office, men of integrity and abilities, now that a field is open for the display of talents and industry ; and they have a prospect of advancing themselves and their families in private life. It is an undeniable ti'uth, that in republics, where the force of government depends on a respect for the magistracy, ignorant or vicious magistrates must soon bx"ing the laws into contempt, and involve the ruin of the state, Neglect of the education of 3'outh, is among the evils conse- fjuent on war — perhaps there is scarce any thing more worthy your attention, than the revival and encouragement of Seminaries of learning ; and nothing by whiclf we can more satisfactorily ex- press our gratitude to the supreme being, for his past favors ; since piety and virtue are generally the oflspring of an enlighten- ed understanding. Permit me, gentlemen, to mention the necessity of proceeding to the immediate election of members to compose a council of appointment ; as for want of this board, great inconveniencies have already arisen in this district of the state; which, from its pecu- liar situation, is destitute of the necessary officers of government. I would also remind you, that we have been for some time, unre- presented in congress, with a view that early measures may be ta- ken for the appointment of delegates. I need not observe, that there are few objects in which the honor and safety of the United States, and of each particular state is more interested, than in tht- character of the members of the great national council. %i governors' speeches. A revision of the laws, passed during the war, in order to Con- form tliem to our present situation, the organization of the militia, and such provision for magazines and military stores, as are neces- sar}', as well for our own defence and security, as a due compliance wit!) the terms of our constitution and the confederation, will I trust also in the course of the session, engage your attention. The settlement of the accounts between this slate and its citi- zens, and the United States, has been most unforiun itt ly protracted The reasons which have exposed us to this great public inconveni-' ence, are explained by my correspondence with the delegates and the superintendent of tinance on this subject, which is presented for your information. A gentleman has at length undertaken the office of commissioner of accounts for this state, and will proceed to the execution of his trust without delay. You will perceive from the communications which relate to the subject that I have not been inattentive to the circumstances of the western posts within this state. They are undoubtedly of great importance for the protection of our trade, and Our frontier settle- ments ; and it was with concern, I learnt that the propositions made by the state for garrisoning those posts, were not acceded to by congress. It afforded me, however, some satisfaction, to find that the commander in chief was in pursuit of measures for that pur- pose. But my expectations proved fruitless. The British com- mander in that department, treating the provisional articles, as a suspension of hostilities only, declined to withdraw his garrisons, and refused even to permit us to visit those posts. It is necessary for me to add, that it will now be impracticable to take possession of them until spring ; and that I have no reason to believe, that congress have or are likely to make any provision for the expense which will necessarily incur : It therefore remains for you to take this interesting subject into your further consideration. Ge^tlemekt, Without detaining you any linger, I shall now leave with yov? my correspondence with Sir Guy Carleton ; the proceedings of the council constituted for the temporary government of the Southern District, and other papers necessary for your information ; and in the course of the session, I shall lay before you the accounts oi my receipts and expenditures, and from time to time, communicate by messo'ge, such other matters as may require your attention. From the wisdom and magnanimity , which the legislature hath uni- formly manifested in every stage of the late arduous conlhct, 1 have the highest confidence, that your present deliberations will be conducted with harmony, be influenced by a steady attention to the public good, and be productive of the most extensive and esr sential advantages to our country. GEO. CLINTON. JVew-York, January 21, 1784. GEORGE CLINTON. 25 On Monchnj the Itth instant, the members of the Senate and Assem- bhj met in the Ci'y-Hall, of the City of jSfew-York, and on the fol- lowing day, the Governor delivered this SPEECH : ©ENTLEMEN OF THE SeNATE AND ASSEMBLY, Since tlie close of the last session, the legislature of the state •f Massachusetts have thought fit to set up a claim to lands, which it is to be inferred, from their petition to the honorable the United States in congress, lie somewhere within the ancient jurisdiction of this state, but in what part or to what extent is left in obscurity. They have, notwithstanding, requested that a federal court may be appointed for enquiring into, and determining such claim ; and con- gress have accordingly assigned the first Monday in December next, for the appearance of both states, and such other proceed- ings as are directed by the articles of confederation and perpetual union. From the act of congress ot the 3d day of June last, on this subject, and the papers accompanying it, you will perceive the necessity of appointing agents to manage the controversy on the part of this state ; and of caUing for an explicit description of the lands claimed by the Massachusetts, without which, we must be ex- posed, in our defence, to unnecessary difficulties and expense. . The importance of these measures and the election of delegates and of members to compose a council of appointment for the ensuing year, were the principal inducements to your being assembled at a season which I am sensible must be inconvenient. The acts ofcongress of 27th 28th and 29th of April, rospectingthe^ arrears ofinterest of the national debt, and the expenses for the year 1784 and a requisition of money to discharge the same, and another act of the third of June, recommending it to this and some other of the states, to raise a proportion of their militia for taking possession of the western posts, guarding the public stores, and protecting the treaties with the Indians (all which are now laid before you) came to my hands sometime after the last adjournment. It appeared to. me impracticable, after near six months had been spent by the legislature in public business without any intermission, to have con- vened you at an earlier period, and it was the less necessary, as before the recommendation for raising these troops, was commu- nicated to me, it had been discovered, that there was not the least probability they could this season be employed in the principal service for which they were intended. These different subjects are now submitted to your deliberate consideration, and I am persua- ded, the result will be dictated by a regard to the sacred rules of j-ustice, to the honor of the state, and to the principles of the. fede- ral compact. . 4 26 governors' speeches. Gentlemen, The injury which this state sustains in its growth and settlement by the claims of absentees and aUens, to large tracts of uncultiva- ted lands, call for your attention. These claimants contribute nothing to the exigencies of government ; they retard the progress of improvement while their estates continue to increase in value by the labor and industry of the citizens who settle and cultivate the adjacent lands. Your wisdom will undoubtedly suggest some remedy consistent with the treaty, and the principles of equity, for a mischief which becomes daily more obriously detrimental. I need not mention that the legislature have long since seen the necessity of an estimate of the value of taxable property through- out the state : But the measures which they adopted tor this pur- pose, have hitherto proved ineffectual : without it, government cannot be administered on wise and fixed principles ; for it neither can be known to what amount the whole state may be taxed with- out oppression, nor what is the comparative value of the wealth of the respective counties and districts, however essential to equal taxation, and for preventing those discords and animosities which too frequently take place in fixing of the quotas. The management of the public revenue also wants system : there is no mode established for drawing the income, expenditures or debts of the state to a point ; nor is it in the power of the best informed, at present, to produce a tolerable estimate of them, though it must be admitted that this is a branch of information so useful, that it cannot, without manifest inconvenience, be dispens- ed with. • A revision of our laws is also necessary to digest them in one code, which shall include such of the acts of the late colony, and of the British statutes as are adopted by the constitution ; and to form a general regulation for highways, and the internal oeconomy of districts and precincts, now continually calling for partial provi- sion, is a work I would recommend as highly worthy of the con- sideration of the legislature. It is found by experience that some of the laws of the last ses- sion, particularly the act establishing an university in this state, and the impost act, require amendment, as well to render them more easy in their execution, as more effectual in their operation. The officers acting immediately under them, are directed to state, for your information, the defects which have been discovered. Several other matters which I had the honor to lay befo re the legislature, at the opening of the last session, were not (for want of time) brought to maturity, and particularly a law for regulating the militia and providing for magazines and arsenals agreeable to our constitution and the confederation. These are of such impor- tance to the honor and safety of the state, that I caiinct omit repeating them. I shall now leave with 3'ou such papers as I have received during Ihe recess, aad which may be necessary for your information, among GEORGE CLtNtdN. 2? these are the proceedings of the commissioners of Indian affairs, containing a particular detail of their transactions, and the result of the business committed to them. Gentlemen, Although I have thought it my duty, at the opening of a session, to point out the vario\is matters which appeared to me to claim the attention of the legislature, yet, should it be found inconvenient to the members to continue long together at this time, such of them onlv, may be taken into immediate consideration, as cannot with safety, be delayed until the next meeting. GEO. CLINTON. City of /{em-York, October 18, 1784. The Governor by proclamation convened the legislature at the city of JVew-York, on the Gth day of January., where several of the mem- bers accordingly met on that day, but a sujfcient number to pro- reed to business not appearing, they arljourned from day to day until the \Qth of the same montJi, zvhen they met the Governor in the Assembly Chamber, Zi-hcre he made the follon-ing SPEECH : Gentlemen of the Senate and of the Assembly, The nature of the adjournment of the legislature, at their last session, obliged me to convene you by " Proclamation : This is a power which cannot, consistently with the constittition, be exer- cised, but on " extraordinar}' occasions ;" and although the vari- ous subjects which call for your attention, are highly interesting, it may be doubted whether they fall under the description referred to by the constitution. Thus I have been reduced to the necessi- ty of exercising an authority, in itself questionable, to give the legislature an opportunity of " meeting at least once in the year for the dispatch of business," as the constitution expressly directs. Permit me, therefore, to suggest the propriety of a provision for holding your annual and ordinary sessions in futiire, so as to pre- vent the interference of the executive in a right evidently vested in the senate and assembly. In fixing on this season lor your meeting, 1 was governed, as well by a regard to your personal con- venience, as to the public interest ; being led to believe it would least interfere with your private engagements, and that it might probably prevent the trouble and expense of a second meeting ; with respect to the place, I should have deemed myself reprehensible, if 28 GOVKRNORS' SPEECHES. I had assembled you at any other than the repository of your pubhc records and archives, to which, in the course of your dehberations, there must be frequent occasion to recur. GeNTLExMEi\, It affords me the most sensible pleasure to observe, that nothing hath happened since the close of the last session to disturb the public tranquility ; that good order, obedience to the laws, and the due administration of justice, have generally prevailed ; that the diflerent districts of the state by the industry of the citizens, are rapidly recovering from the waste and dessolation of war ; and that the toils of the husbandman have been amply rewarded by a fruitful season, and a plentiful harvest. For these among other distinguished blessings, unfeigned gratitude is due to our bountil'ul Creator. It must, however^ excite disagreeable reflections, when I inform you, that the British government, in manifest violation of the treaty, continues to retain, by an armed force, the different posts in the northern and western frontiers of the state, and there- by, in an essential degree, cramps our commerce, and obstructs the progress of our settlements ; although it is my duty to mention this circumstance to you, 1 am sensible it is in our federal capacity that a remedy must be provided for an aggression so detrimental to our prosperity. Gentlemen, After the annual appointments to be made by the senate and as- sembly, the requisitions of the United States in congress assembled, contained in their acts of the 27th of September, and 12th of October last, demand your first attention. To assist you in your" deliberations on these important subjects, I refer you to the letters from the commissioners of the treasury board, with their returns and estimates explanatory of the principles on which these requisi- tions are founded. Relying on your zeal for the federal mterest, I have the fullest conlidence, that every measure cal ulated to support our national credit, and warranted by the confederation, will meet your cheerful concurrence. When we reflect, that, un- der divine Providence, it is to the early and steady exertions of the public creditors, by their loans, their labors, and their military services, that we are indebted for our liberty and independence ; it is greatly to be regretted that the peculiar circumstances of the state have hitherto prevented the adoption of more effectual meas- ures for their relief. Our resources, if equally and judiciously drawn forth, and economically apjdied, will, I trust, be found competent ; and as the impediments which stood in the way of this necessary business, are now in a great measure removed by the return of peace, and the arrangements which have since taken place, a re- gard to justice, as well as the consideration of its being essential to public credit in future, that past engagements be faithfully fulfil- led, wiill, I am persuaded, pre vent a farther dehy. To enable you to CEOR6E CLINTON. 29 engage in this impoi'tant service with the greater prospect of suc- cess, I shall cause to be laid before you, estimates, as well of the amount of the debts due from the public, to the citizens of this state, as of the means that may be applied, towards discharg- ing them without the aid of burthensome taxes. While we are pursuing agriculture, as our first object, com- merce and manufactures also deserve our attention. To the one, the husbandman is indebted for the generous prices he now receives for his produce, and b}' the other, our wants from abroad may be diminished. These considerations alone are sufHcient to recom- mend them to your notice. The great consumption of the productions of India ; and the advanced prices at which we are supplied by other nations, ren- der an immediate intercourse with that country a desirable object. I therefore submit to the wisdom of the legislature, whether the laudable and enterprising spirit ot our merchants, adventuring in that commerce, ought not to meet with particular encourage- ment, and some legislative provision be made to prevent the waste and preserve the credit and reputation, of an article, the produce of this state, peculiarly advantageous as a remittance to that country. The dangers v/hich we so lately experienced, by a dependence on foreign supplies of iron and gun powder, ought to awaken our prudence, and put us on our guard against events however distant and unforeseen. Our country abounds with materials for carrying on these manufactures to the utmost extent, and we must discover a want ot jwlicy and vigilance, highly inexcusable, if we neglect ob- vious advantages which providence hath so kindly placed within our reach. Gentlemen, Several matters, heretofore submitted to the consideration of the legislature, remain unfinished ; among these, the organization of the militia, the establishmant of magazines, and a provision for holding elections, are objects highly important in themselves, and it is my duty to add, that they are expressly enjoined upon the legislature by the constitution A bill originated last session for a revision and ligest of our laws, but for want of time it was not en- acted : This appears to me a measure of too much macnitude not to be resumed ; for, besides their obscurity, arising from the cir- cumstance of the revolution, it is highly unbecoming that we should be obliged to search through the mass of British statutes for such as extend to us by the constitution. I am sensible that a correct and judicious digest of our written laws will be an arduous task ; but when the dignity of our government, and the ease and security of the people require it, no reasonable pains or expense ought to be spared for its speedy accomplishment. 30 GO> LRNORS' SPEECHES. GeNTLEMEiV, Without enlnrging at this lime, I .shall now deliver to you the dlfiercnt acts of congress, and other papers necessary for your in- formation, reserving whatever else may apj)ear to merit your at- tention, to be communicated in the course of the session, by mes- sa:;e, and conclude with only adding that as the security of pro- perty forms one of the strongest bonds of society, too much care cannot be taken to preserve and strengthen it, by a scrupulous ad- herence to the principles and spirit of our excellent constitution ; and by guarding against an increase of our laws by provisions for partial purposes. GEO. CLINTON. JVe-w-Yurk, Jamiarij 16, 1786. Pursuant to a law of tJie state, entitled "an act to regulate the fu- tn-e meetings of the Legislature^" — passed the loth day of March, n 36, fixing on the first Monday in January, for the an- nivsrsari/ meeting of the Legislature, several of the members met at the tirae appointed, and for want of a sufficient number to proceed to business, continued to meet and to adjournfrom day to day, until the lOth day of January, when after having organized hoth houses, they met the Governor in the Senate CJiamber, xn-licr^ he made this SPEECH : Ghntlemex of the Senate akd Assembly, As you are now assembled in pursuance of the law, for fixiiig the stated meetings of the legislature ; the annual appointments to be made by the senate and assembly, will, of course be your first business. Gentlemex, Of the different important matters which will, at this titne, call for your consideration, the i-equisition of the United States in con- gress assembled, contained in their act of the second of .August last, for the services of that year, merits your earliest, and most serious attention : Persuaded that your dispositions are truly federal, argu- ments v/ould be unnecessary to induce a speedy and effectual compli- ance with a measure so essential to the support of our national hon- or and credit. It is sufficient to observe in the words of the Requi- sition, that " It is made in virtue of the powers of the confedera- tion, and is obligatory on the states as such." GEORGE CLINTON. 31 The acts of the 20th and 21st of October, for augmenting the troops in the service of the United States, with an additional requi- sition tor their pay and support, also claim your early notice. It will appear by the papers from the treasury board accompa- nying these acts, that there are some arrears stated as due on for- mer requisitions, for the discharge of which it is equally the duty of the state to provide. The resolutions of the United States in congress assembled, of the 1 1th and 23d of August last, expressing their sense of our act of last session, for granting to them an Impost, and requesting on that occasion an immediate call of the legislature, will again present to your view the revenue system, recommended by that honorable body, on the 18th of April, 1783. I shall forbear making any remarks on a subject which hath been so repeatedly submitted to the consideration of the legislature, and must be well understood. You will receive with these resolutions the correspondence they produced ; and I have only to add, that a regard to our excellent constitution, and an anxiety to preserve unimpaired the right of free deliberation on matters not stipulated by the confederationj restrained me from convening you at an ear- lier period, Gentle.aien, I have the pleasure to inform you, that the law passed at the last session of the legislature, vesting commissioners with discre- tionary power, to determine the controversy between this state and the con^monwealth of Massachusetts, otherwise than by a federal court, hath been carried into full effect ; all interfering claims^ both with respect to teritory and jurisdiction, being finally adju^tecI. The mutual agreement and act of session executed with the usual soleuinities by the commissioners of both states, is now laid be- fore you ; and I have the fullest confidence that the conduct of your commissioners in a mission equally diflicult and important^ will meet with your entire approbation ; and that adequate pro- vision will be made for the services and expenses which have arisen in laborious preparations for the trial, as well as in the linul c:;- tinguishment of the contest. I have also the satisfaction to lay before 3'ou a joint report, and an authenticated map of the commissioners for running the line of jurisdiction between this state and the commonwealth of Pennsyl- vania, in -which as great progress hath been made as the season permitted. To the good understanding which siihsisted between the gentlemen to whom this trust was committed by the respective states IS in a great degree to be ascribed the economy in {.'oint of expense, with which you will find it to have been conducted. While through the divine goodness we enjoy ihe estimable bles- sing of internal peace and good order, it m.!!st afford the most solid satisfaction that the animosities and disadvantages to which we have been exposed by a controverted jurisdiction, are at length 32 governors' speeches. decisively terminated ; the public tranquility in a point of such magnitude effectually established and secured, and the heavy ad- ditional expense which must have attended a judicial enquiry, ai the same time prevented. The arrangement of the militia, under the late law (a work which required a considerable share of time and attention) is also near- ly completed : and it is with pleasure I mention, that from the spirit and military ardor which appears to pervade that respecta- ble class of citizens, the most flattering expectations may be form- ed 9/ their future conduct and services. Gentlemen, The filial ravages to which wheat, our staple commodity, hath since the commencement of the late war been exposed, by an in- sect until that period unknown on this continent ; the rapid pro- gress of this evil, and the prospect of its overspreading the coun- try, are alarming circumstances. If experience hath pointed out any remedies, I submit it to you, whether it would not be wise to direct them to be communicated to the husbandmen at the public expense. — Indeed it appears to me, that nothing in the power of the legislature should be omitted to avert a calamity which threatens such general distress. It must afford you pleasure to learn that very considerable reductions have lately been made of the debts due from the public, to the citizens of this state, bul; although there is reason to believe that the measures adopted lor this purpose, when carried fully into execution, will be found to answer the expectations which were formed of them, yet it will appear from the estimates remaining on your files, that it is stil^ necessary to make farther provision for this important service. — I have the highest confidence that j'our zeal for the public inter- est, will induce you to enter on this business in due season, and with a suitable spirit : and that your wisdom will direct to such means as will prove most efficient, and at the same time least bur- thensome, Permit me only to observe, that it is by a faithful per- formance of our engagements, that public credit, on which the prosperity of the state so much depends, can be established on a firm and permanent basis. Gentlemen, I shall now leave %viih you the different papers in my posses- sion, necessary for your information, and in the course of the ses- sion, occasionally communicate, by message, such other matters as may appear to deserve your notice. GEO. CLINTON. JVc'!x:-York, January loth, 1787. GEORGE CLtNTON. 3S The Legislai\ire met at the time designated by iaw. hit were unable to form a quorum of members until the llthnf January, ■when af- ter organizing, the Se7iate and Assembly zi.-aited on the Governor who made this SPEECH: t&ENTLEMEN OF THE SeNATE AND AsSEMBLIT, It being essential to the welfare of our conferleracy that a re- presentation in the national council should be maintained without intermission ; and as the term for which the delegates from this state were elected is expired, you will perceive the necessity of proceeding to an immediate new appointment. Gentlemen, The requisition for the federal services of the current year, also claims your early attention. I have full confidence that the same spirit which has invariably influenced the legislature of this state, will induce you to a cheerful and effectual compliance with every measure, founded on the national compact, and necessary to the honor and prosperity of the union. It will appear from the act of congress, and other papers on this subject, that the supplies, required for the common treasury, are principally to arise from the arrears due on former requisi- tions. Advantages will therefore result from the punctuality of past payments, as a greater proportion of the resources of the state may now be applied to the relief of our own citizens To assist you in making the necessary arrangements, I shall cause to be laid before you, estimates of the public debt with the receipts and expenditures since the conclusion of the war, abstracted from the treasurer's annual audited accounts, by which you will be par- ticularly informed of the present state of our treasury. It gives me great pleasure to inform you that the jurisdiction line between the cormnonwealth of Massachusetts and this state, which has been so long a subject of controvers}', and attended with much inconvenience and distress to the borderers, is at length tinally adjusted ; and that the boundary line between this state and the commonwealth of Pennsylvania, is also completed. The reports of the commissioners employed in these respective transactions, accompanied with maj)S of the lines will be delivered to you in order that the proper directions may be given for their authentication and deposit, and for the final liquidation and settle- ment of the expenses which have attended these services. I shall leave with you the several official communications which have been made to me in the recess ; with these you v.'ill receive the proceedings of ihe general convention lately held in the city of Philadelphia, and an act of the United States in congress for their transmission to the legislatures of the different states. From 5 36 governors' speeches. this time ; but I have confidence in your wisdom, and that all your decisions will be influenced by a regard for the interests of your constituents. Permit me only to observe, that in whatever situation we may be placed, a steady attention to the promotion of agriculture and the introduction and encouragement of the useful arts, are essen- tial to the prosperity of our country ; for it is from these alone we are to derive our principal resources for profitable commerce ; and it is with the blessings of Heaven, by industry and frugality, as well as by the justice and stability of our laws, that we can ex-: pect to ensure respectabilitv abroad, or happiness at home. GEO. CLINTON. Albany, Dec, lllh, 1788. The Legislature were convened by proclamation of the Governor, at the city of Albany, in the month of July, for the purpose of choos-. in^Senators to represent the state in congress, when he delivered the following SPEECH : Gentlemen of the Senate and Assembly, I conceived it to be my duty to convene you at this early period, that the legislature might again have an opportunity of choosing- senators to represent this state in the congress of the United States ; I flatter myself that an occasion so important and interest- ing will command an approbation of the measure. I am sensible, however, that sh.ould your session be protracted at this season, it would be injurimis as well as inconvenient to many of the mem- bers ; impressed with this idea, and as nothing extraordinary hath taken place in the recess, I shall not attempt to call your attention to any other object. Our circumstances require unremitted in- dustry and the strictest economy ; and I have a confidence that this consideration alone will be a sufficient motive with you to give as much dispatch, to the public business aa may be consistent with, safety. Gentlemen, Whilst the distresses experienced by the failure of the last years crops, particularly in the exterior settlements, and by the poorer class of people, are contemplated with anxiety, the unmeri- ted favors daily conferred on us by Almighty God, and especially the kind interpositioa of his Divine Providence, in so ordering the GEORGE CLINTON. 37 seasons as to afford a prospect of relief from the approaching harvest, cannot fail to inspire us with sentiments of unfeigned gratitude and thankfulness. GEO. CLL\TQN. Albany, July 6lh, 1789. The Legislature met pursuant to laza, n-hen the Governor de- livered the follon-ing SPEECH : Gentlemen of the Senate and Assembly, In performing the duty enjoined on me b.y the constitutisn, it gives me the greatest pleasure to inform you, that the gtate is in perfect tranquility : A peaceable submission to the laws, and a becoming respect to the authority of government, generally pre- vail. The militia continue to discharge the duties required of them with an honorable degree of punctuality, and to enhance their usefulness and respectability, by their progress in military knowledge and discipline. In the recess of the legislature, an amicable adjustmei^t with the Indians, residing within our territory, has been eftected ; and every cause of uneasiness being removed, they now profess senti- ments of friendship and attachment : humanity and the honor of the state require that ample justice should be dispensed to them, and I have the fullest confidence, that adequate provision will be made for the regular discharge of the annual sums stipulated by treaty. Our frontier settlements, freed from apprehensions of danger, are rapidly encreasiug and must soon yield extensive resources for profitable commerce ; this consideration forcibly recommends the policy of continuing to facilitate the means of communication with them, as well to strengthen the bands of society, as to prevent the produce of those fertile districts from being diverted to other mar- kets. As a faithful performance of engagements is an indispensible du- ty, whether considered in a moral or political view, I am persuad- ed that no arguments are necessary to ensure a due attention to the rights of the creditors of the state, and the adoption of effec- tual measures for the maintenance of public faith. I have direct- ed such returns and estimates from the treasury to be laid before you, as may be necessary for your information ; and flatter myself that, by wise and judicious arrangements, this important object may be accomplished without imposing any new burthens on our con- stituents. 40 governors' speeches. render it productive ; connecting at the same time the interest of the citizen, with the prosperity of the pubhc. I woUld only remark, that by giving this capital an extensive circulation, the necessities of individuals may be supplied, the settlement of the country ad- vanced, and the interests of agriculture and commerce promoted. The legislature, at their last meeting, impressed with the im- portance of improving the means of communication, not only to the agriculture and commerce of the state, but even to the influ- ence of the laws, directed the commissioners of the land-office to cause the ground between the Mohawk river and the Wood-creek in the county of Herkimer, and also between the Hudson's river and the Wood-creek in the county of Washington, to be explored and surveyed, and estimates to be formed of the expense of joining those waters by canals : I now submit to you their report, which ascertains the practicability of effecting this object at a very mode- rate expense, and I trust that a measure so interesting to the com- munity will continue to command the attention due to its impor- tance, and especially as the resources of the state will prove ade- quate to these and other useful improvements without the aid of taxes. As the diffusion of knowledge is essential to the promotion of virtue and the preservation of liberty, the flourishing condition of our seminaries of learning must prove highly satisfactory, and they will, I am persuaded, be among the first objects of your care and patronage, and receive from time to time such farther aid and en- r.ouragement as may be necessary for their increasing prosperity. GEO. CLINTON. J^ew-Yorh, Jan. 5th, 1792. At the time appointed by law for choosing Presidential Electors, the Legislature met at the citij of New-York for that purpose, mhen the Governor delivered the follora'ing SPEECH : Gentlemen of the Senate and Assembly, The present meeting being in pursuance of a law of the last session, authorizing you to appoint electors of a President and Vice-President of the United States, this important business will consequently engage your immediate attention ; especially as far- ther legislative provision will be necessary on this subject, owing to the establishment of a ratio of representation different fromthe nne contemplated by that law. GEORGE CLINTON. 41 As the period for the stated annnal meeting of the legislature will sooo arrive, econoaiical consideration will sufficiently recom- mend the expediency of completing the public business previous to an adjounnnent. The settlement of our contested boundaries, the digest of the laws, the arrangement of our finances and the other various salutary regulations, which since the conclusion of the war, h;ive 'Ccupied the attention of the legislature, being hap- pily accomplished, your present deliberations will necessarily be confined to a few objects. At this time I have therefore only to mention to you the necessity of providing for ihe election of mem- bers of the house of representatives of the United States agreea- bly to the late apportionment ; the conforming our militia estab- lishment to the regulations recently enacted by congress, and the revision and amendment of such of our laws as may from experi- ence have been found obscure or defective. I have directed the annual reports and other papers, that may by necessary for your information, to be prepared and laid before you ; and if in the course of the session, any thing should occur requiring legislative interposition, it shall be communicated to you by message. While the misfortunes which some of our sister states suffer by the depredations of a savage enemy, are greatly to be lamented, our unfeigned thanks are due to Divine Providence for an exemp- tion from so great a calamity. In the recess an atrocious murder of a chief of one of the Indian nations, residing within our juris- diction, threatened in some degree an interruption of tliat harmo- ny which has hitherto so happil}' prevailed, but from the papers which will be communicated to you, you will perceive that the measures adopted on this occasion have preserved their contidpnce in the justice of government, and prevented any evil effects from that disagreeable circumstance. GEO. CLINTON. New-York, Nov. 6th, 1792, The Legislature met, pursuant to laza;, on the first Tuesday in Janua- ry, at the city of Albuny, agreeably to a concur- ent resolution pre- viously adopted ; xsohcii the Governor delivered this SPEECH ; Gentlemen of the Senate and Assembl^, It is not without great siitisfaction, th;;t in meeting the legislature at this time, I can felicitate them on a contiouatiori of our national 6 38 governors' speeches The establishment of a permanent system of ways and means for the support of government, has already been submitted to the consideration of the legislature ; and from an opinion that the mea- sure would be salutary, particularly in its tendency to diminish the public expense, I have again thought proper to suggest it. Provisions having been made at the last session for taking a cen- sus of the electors and inhabitants of the state, it now remains with you to apportion the future representation in the legislature, agreeably to the rule prescribed by the constitution. The promotion of manufactures is at all times highly worthy the attention of government ; but under the present system of our national affairs, obvious and cogent reasons exist, for afibrding ours such encouragement, as to place them in as thriving and respecta- ble a condition as those of our sister states. Essays have lately been made to manufacture sugar from the juice of the maple tree, attended with success hitherto unknown. Our extensive forests abound with trees of that species, and the season for this business will admit of attention to it without essentially interfering with or- dinary pursuits : considering therefore, these favorable circum- stances, and our large expenditures for thit article in foreign coun- tries ; it is submitted to the legislature, whether a degree of pub- lic encouragement might not be advantageously extended to that object. While we contemplate with pleasure the growing habits of in- dustry and frugality in the different classes of citizens, and the prosperous condition of our agriculture and commerce; our de- vout acknowledgements are due to a beneficent Providence, for all the blessings we enjoy, and particularly for having rewarded the toils of the husbandman with plentiful harvests. Gentlemen, I shall now cause to be delivered to you, the acts of the United States in congress ; the reports of the different board of commis- sioners acting under the authority of the state, and other official communications made to me in the recess ; and without detaining you any longer at this time, I shall occasionally transmit by mes- sage, such other matters as may require your attention. GEO. CLINTON. ^Tew-York, January bthy 1791. GEORGE CLINTON. 39 The Legislature met. pursuant to law, at the cityofKer^-YorKon theM!2yofJalary. ^hen the Governor made thefollomng SPEECH: Gentlemen of the Senate and Assembly, Although its;ives me the highest pleasure to inform you that the Altnougu u^ ^^^jg^ ^^g blessmgs of Hea- same tranqua^ty and^^^^^^ ^^.^ ^^^^^^„ p^^^^i,^ ''^^'^relvmet^hf necessity of mentiomng, that a daring ^1 iTh^sb/en lately committed against the laws and authority of outrage h^^/'^^ '^'^f^.^er of the Sheriff of Columbia county, by fnCbrofrmedrnm disguise. The documents which wd^ anumoerui.i „,:ii fnrnish every necessary mtormation. 1 be presented to you, J'" ^^^^.^^J^^.f a,e circumstances which forbear therefore ^« ^"^^^^f "{ •r.^y duty, however, to express attended that ""happj atf.ur It i my 7, ^^ ^^^ ^^^.^^^^^ ^^^ on this occas.on , ^he^h.gh en e ^j^^^^^ ^.^.^^^^ spirited exertions the ^'V tra « ^^ ^he offenders, and to to g«"d §o^^™"^""V '" /;'^„7Pffi' ,ent co-operation of the execn^ ""jXwnts having bee. „,a„e to me ^"^^^---^i^^^^^S the incuans, v ^ ^i^^ papers delivered ■;:i;''7rt*rrron>;?coX:ri; co.ce;ved .a^e done „,.h n-t --en. e.H,«.a ». t^tL^T^^otlnLtm^: "' '""'XlrollrSe in pursuance of the act for the sale s.oners of the l™'' "'"« "^ ^ nnappropriated lands, it appears Aat ^Xe' rr; V .Ue«,ve a^n augmeTtati'on suffice,,, under pr„- your wl. consideration, „ dispose ol it in such a manner as t. ^0 governors' speeches. render it pi-odnctive ; connecting at the same time the interest of the citizen, with the prosperity of the pubhc. I woUld only remark, that by giving this capital an extensive circulation, the necessities of individuals may be supplied, the settlement of the country ad- vanced and the interest, of agriculture and commerce promoted. The legislature, at their last meeting, impressed with the im^ portance of improving the means of communication, not only to the agriculture and commerce of the state, but evfen to the influ- ence of the laws directed the commissioners of the land-office to cause the ground between the Mohawk river and the Wood-creek in the county of Herkimer, and also between the Hudson's river and the Wood-creek in the county of Washington, to be explored and surveyed and estimates to be formed of the expense of joining those waters by canals : I now submit to you their report, which ascertams the practicability of effecting this object at a very mode- rate expense, and I trust that a measure so interesting to the com- munity will contmue to command the attention due to its impor- tance, and especially as the resources of the state will prove ade- quate to these and other useful improvements without the aid of XSlX€S» • f ' ^^^,™^'«" «f knowledge is essential to the promotion of virtue and the preservation of liberty, the flourishing condition of our seminaries of learning must prove highly satisfactory, and they will, I am persuaded, be among the f^rst objects of your care and patronage, and receive from time to time such farther aid and en- rouragement as may be necessary for their increasing prosperity.. TV- V , , , , GEO. CLINTON. J\eTs;-\ork, Jan. 5th, 1792. At the time appointed by lar. for choosing Presidential Electors the Legislature met at the city of JVew-Yorh fn^ thnt "°'^^' /"^ the Governor delivered the /olloZl ^ "' ^''^P'"'' ^^"^ SPEECH : Gentlemen of the Senate and Assembly, Vice-Pesidltorthe^U^^ of a President and consequently engage you/Tm^^^^^^^^^^^ n ^P^^'^"* b"^>ne^s will ther llgislatL pro^irn^ H be n estr^^ '' ^^^ GEORGE CLINTON. 41 As the period for the stated annua! meeting of the legislature will soon arrive, economical consideration will sulTicientiy recom- mend the expediency of completing the public business previous to an adjourtnnent. The settlement of our contested boundaries, the digest of the laws, the arrangement of our finances and the other various salutary regulations, which since the conclusion of ihe war, have 'Ccupied the attention of the legislature, being hap- pily accomplished, your present deliberations will necessarily be confined to a few objects. At this time 1 have therefore only to mention to you the necessity of providing for ihe election of mem- bers of the house of representatives of the United States agreea- bly to the late apportionment ; the conforming our militia estab- lishment to the regulations recently enacted by congress, and the revision and amendment of such of our laws as may from experi- ence liave been found obscure or defective. I have directed the annual reports and other papers, that may by necessary for your information, to be prepared and laid before you ; and if in the course of the session, any thing should occur requiring legislative interposition, it shall be communicated to you by message. While the misfortunes which some of our sister states sulTer by the depredations of a savage enemy, are greatly to be lamented, our unfeigned thanks are due to Divine Providence for an exemp- tion from so great a calamity. In the recess an atrocious murder of a chief of one of the Indian nations, residing within our juris- diction, threatened in some degree an interruption of that harmo- liy which has hitherto so happily prevailed, but from the papers which will be communicated to you, you will perceive that the measures adopted on this occasion have preserved their coiiHdence in the justice of government, and prevented any evil effects from that disagreeable circumstance. GEO. CLINTON. New-York, Nov. 6th, 1792. The Legislature met, purmant to lazt', on the first Tuesday in Janua- ry, at the city of Albany, agreeably to n concur- ent resolution pre- viously adopted ; 'when the Governor delivered this SPEECH: Gentlemen of the Senate and Assemblv, It is not without great satisfaction, that in meeting the leg-islature «t this time, I can felicitate them on a contioudtion of our national 6 42 GOVERNORS^ SPEECHES. prosperity. By the favor of divine Providence, the war which embraces so great n proportion of Europe, hns not yet extended itself to this country. While we synripathize in the distresses of those who are more immediately exposed to its desolating hand, we cannot sufficiently express our gratitude to that gracious Being through whose kind interposition we are preserved from a parti- cipation in them, and yet enjoy the blessings of liberty and peace. The extensive intercourse between most of the belligerent na- tions and the United States, forbids us, however, to regard v^ith in- difference the war in which those powers are at present engaged ; being at peace with all, and having treaties with several of them, the preservation of our neutrality' inviolate became an object of the first magnitude, and has comm:inded the attention of the general as well as of the particulir governments. In accomplishing an end so essential to the present happiness and future prosperity of our country. I found myself frpqueiitly called upon by the executive of the United States, to aid in carrying into effect, measures which are deemed necessary for that purpose. A full and unreserved communication of all my otlicial acts will inform you of the cases which the existing w;ir has given rise to withitl- this state, and of the measures whicli have been pursued in consequence. Although the general friendly disposition nianifested by the United States, uives us a right to hope, that the war will terminate without involving us in the miseries of it, or essentially interrupting our peace and prosperity, yet as our situation is critical, it might be imputed tome as a want of duty, were I to omit reminding }'ou of the naked and exposed condition of our principal sea port, and urging the necessity of immediately providing tor its defence. To prevent insult and inv.tsion, we must ever be prepared to punish the one, and repef the other. If it shall be thought that this ap- pertains exclusively to the general government, you will excuse me for mentioning it as a matter whose importance has impressed me very forcibly, and for expressing my perfect confidence, that if you shall not deem it expedient to originate any measure for this pur- pose, you will cheerfully co-operate in such as may be judged necessary by those whose duty it may be, to provide for our de- fence. My satisfaction in congratulating you on the increasing prosperity of our state is considerably diminished, by being obliged to inform you, that the important posts on our northern and western frontiers, are still possessed by foreign troops. By this violation of treat}'-, our settlements are greatly imperled, our agriculture obstructed, and our citizens entirely excluded from a very valuable trade to which their situation would naturally have invited them. I am aware, that a notice of this aggression is more immediately within the province of the federal government ; in whose zeal to redress the injury, the most implicit confidence may be reposed, and whose remonstrances it is to be hoped, will be attended with a success CKORGE CLINTON. 43 proportionate to the justice and importance of the case ; but cer- tain coinpl lints which have been made directly to rae, by persona holding lands under grants from this state, and also by others whose property has been taken from them, within oar territory, under authority derived from the British government, forbid my observ- ing a silence on this head. Among many other important matters, which will occupy your deliberations, are certain resolutions of the legislatures of Mas- sachusetts and Virginia, respecting the suability of a state : which are submitted to you at the request of the executives of those commonwealths. The decision of the supreme federal court, which gave rise to these resolves, involves so essentially the sove- reignty of each state, that no observations on my part can be ne- cesiiary to bespeak your early attention to the subject matter of them. It may be proper, however, to suggest, that our conven- tion, when deliberating on the federal constitution, in order to pre- vent the judiciary of the United Slates from extending itself to questions of this nature, expressly guarded against such a con- struction, by their instrument of ratitication. A suit has, notwith- standing, been instituted by an individual against this state. To you, therefore, it will belong to pursue such measures as the oc- casion may require, consistent with the constitution of the United States, and best corresponding with our own sovereignty, and the general welfare of the union. The northern and western companies of inland lock navigation having, agreeably to law, produced authentic accounts of their ex- penditures, I have given the necessary certificate to entitle them to receive from the treasury, the sum of ten thousand pounds, as a free gift on the part of this state, towards the prosecution of those interesting objects. Although the care of improving and opening these navigations be committed to private companies, they will re- quire, and no doubt, from time to time, receive from the legislature every fostering aid and patronage, commensurate to the great pub- lic advantages which must result from the improvement of the means of intercourse. The sanguinary complexion of our criminal code has long been a subject of complaint. It is certaitdy matter of serious concern, that capital convictions are so frequent, and that so little attentiori has been hitherto paid to a due {)roportion between crimes and punishments. The greatest offences occur most frequently in those countries which have been remarkable for the severity of their punishments. Hence it is becoming the policy of modern legis- lators, to prevent crimes rather by the certainty than the severity of the sanction. If you should coincide in sentiment Avith me, that a revision of our penal hiws is entitled to attention, 1 have a confidence that your wisdom and humanity will lead to such im- provements as the several cases may require, and a regard to public security will warrant. .Some judicious remarks of the la';c Atiorney 44 governors' speeches General, on the experliency of a reform in this particuhir, and which have been heretofore communicated to the legislature, may assist your deliberations. The prevalence ot an infections disease in Philadclpliia, reducccj yne to the p.iinful necessity of prohibiting an intercourse between that city and us. By the law authorising this measure, no adequate provision is made for carrying it into effect. Certain expenses ne- cessarily accrued, which have been defrayed by the corporation of the city of New-York. The reimbursement of nhich, and of other sums generously advanced bj^ that board, in the progress of this business, is submitted to your justice and libcrHHty. To the congress of the United States is delegated the power of organizing t;n.i arming the militia By their act every citizen, wdio is enrolled, is required, at his own expense, to provide arms and other accoutrements. This, it is to be feared, from representations I have re civcd, many of our cilizens, especially those on the fron- tiers, v/ill be unable to do. Regarding the militia as our only de- fence in case of foreign invasion or domestic insurrection, too early attention cannot be bestowed to ihc arming and accoutering of them. Perhaps, therefore, it will ficilitate their complete organization, upon the plan adopted by the general governuicnt, if legislative provision be made for equipping, at the public expense, in the lirst instance, such of our fellou'-citizens as may be incapable of doing it themselves. In this view, it is recommended ta your considera- tion, and I trust that its importance will justify the notice I. have taken of it. I leave with you the several papers referred to in this address, and shall cause to be h-id before you, the annual report of the commissioners of the land office : A letter from the secretary of the treasury, announcing a balance against this state, in a settle- ment with the United States ; and the usual returns and statements from our treasury. From these documents the state of our finan- ces may be estimated, and our public disbursements and expendi- tures properly regulated,. Gentlemen, At no time since the revolution have public affairs required more unanimity, wisdom, prudence and patriotism, in the represen- tatives of the people, than at present. It cannot, thereibre, be doubted, but that you will proceed in the business of the session with all that diligence and zeal for the public good which have ev- er characterized the legislative bodies of this state, and that the result of your deliberations will be productive of solid and lasting advantages to our constituents. GEO. CLINTOiV Albany, Jan. 1th, 1794. GEORGE CLINTON. 45 The J\>! lore' ing idler 'zcas communicated by the Governor to the presi- ding officers of the Senate arid Assembly, staling his reasons for not meeting the Legislature this year in person : Greenwich, January, 3, 1795. Gentlemek, As I am prevented fi'om meeting the legislature at the com- mencement of the session, I thmk it necessary to inform them through you more particularly of the reasons, than niiyht have been proper in my message. For upwarcis of three njonths, I h;,irs require; and which you will now tind it expedient to extend to several interesting objects. It has been often and justly observed, that in order to preserve peace, every natien should not only treat others witti justice and respect, but also be in constant readiness to resist and repel hostilities. Imbecility invites insult and ags^ression, and the . cxpefience of ages proves that they are tlie most secure against war, who are the best prepared to meet it. Although it belongs to our national government to provide for the defence of the United States, and although that great object v/i!l doubtless continue to receive, as well as to claim their atten- tion ; yet it is also highly interesting, that nothing properly depend- in?- on us be omitted, to give efiicacy to their laws and measures. Hciving but one port through which the great mass of our ex- ports and imports pass, the importance of fortifying it has been generally seen ; and considerable progress has been made in execu- ting the plans formed under the direction of the general government for that purpose. Much yet remains to be done ; and if from the details which will be laid before you, it shall appear that further aids on the part of this state would be proper, 1 am persuaded they will be readi!}' afforded. Difficulties have been experienced in importing from foreign countries sufficient quantity of arms and ammunition, and the present scarcity of those articles in general, and of one of the most essen- tial of them in particular, is a disagreeable circumstance. It cer- tainly is very desirable that we should not depend on foreigners for the means of defence ; and therefore, that the manufactures neces- sary to furnish these supplies, should be encouraged and patron- ized by the legislature. The constitution of this state expressly directs that " a proper magazine of warlike stores, proportionate to the number of inhabi- tanti», be forever, at the expense of this state, and by acts of the legislature, maintained and continued in every county in this state." They v/ho formed this constitution, had been taught by severe experience, that the day of alarm and battle was not the best season tor seeking, and procuring these important stores. Laws and regulations, however carefully devised, frequently prove defective in practice ; and as the regulation of the militia pursuant to the act of congress, merits constant attention, it may be useful to enquire whether experience has pointed out the necessi- ty of any amendments which, consistently with that act, may be made in our law on this subject. 'J here is an article in the constitution, which by admitting of two different constructions, has given rise to opposite opinions JOHN JAi% 49 nrn] may give occasion to disagreeable contests and embarrassments. The article, I allude to is the one which ordains that the person administering the government for the time being shall be president of the council of apppointment, and have a casting voice, but no other vote ; and with the advice and consent of the said council, shall appoint ail the officers, which the constitution directs to be appointed. Whether this does by just construction assign to him the exclusive right of nomination, is a question which, though not of recent date, still remams to be definitively settled. Circum- stanced as I am, in relation to this question, I think it proper mere- ly to state it ,and to submit to your consideration the expediency of determining it by a declaratory act. The more the principles of government are investigated, the more it becomes apparent that those powers and those only, should be annexed to each office and department, which properly belong to them. If this maxim be just, the policy of uniting the oflice of the keeper of the great seal with that of governor, is far from being unquestionable ; the powers of the former not being neces- sary to the latter. It seems, on general principles, more proper that important acts made or agreed to by the governor, should be validated and rendered binding on the state, by an officer who did not officially participate in them, than by himself. Important ca- ses occasionally arise, in which a competent knowledge of the law, and that kind of discretion which results from it, are necessary to decide whether the sanction of the great seal ought to be given or to be withheld : and although persons not possessed of those acquirements, may administer the government very ably in other respects, yet in that respect they would be liable to commit mis- takes not easy to correct. One great object of which a people, free, enlightened and gov- erned by laws of their own making, will never lose sight, is, that those laws be alwaj'S so judiciously applied and faithfully executed, as to secure to them the peaceable and uninterrupted enjoyment of their rights. To this end it is necessary, and sound policy certain- ly requires, that the dispensation of justice should invariably be committed to the men the best qualified to perform that very inte- resting task ; with this policy the present situation of the Chancel- lor and of the Judges of the supreme court does not appear to me to correspond. Their salaries, not being more than adequate to their current expenses, yield little or no surplus to form a provision for their families. Instead of the tranquility, the domestic comforta and the exemption from anxious cares, which sensibility claims for declining years, they must, when those years arrive, retire to pri- vate life, without having received from their country the means of enjoying it. These circumstances have no tendency to invite able and distinguished lawyers, few of whom possess ample patrimonies, to exchange their lucrative practice for seats on the bench ; and yet by such men only should those seats be filled. Permit me, therefore, to submit to your consideration, whether justice, pub- 7 50 lie good and the honor of the state, do not strongly recommend^ that some provision be made tor such of these judicial officers as having long and faithfully served their country in that capacity, come to the age, at which according to an article in the constitutionj their commission^ expire. There is another subject, also belonging to the judiciary de- partment, respecting which some legislative provision has become very requisite. So great is the extent and population of the state, and so numerous and frequent are our courts, that the attorney general cannot possibly manage all the prosecutions (existing at the same time in different counties) which demand his care and attention. It continues to be worthy of consideration how fiir the severe penalties prescribed by our laws in particular cases admit of miti- gation ; and whether certain establishments for confining, employ- ing and reforming criminals will not immediately become indispen- sible. The measures which have been taken pursuant to the laws re- specting the management of our affairs with certain of the Indian tribes, together with the results of those measures ; and a variety of documents on that and other subjects will be communicated ami laid before you. While on the one hand we all lament the distresses occasioned by the sickness which lately prevailed in this city, it becomes us on the other to acknowledge with gratitude that divine interposi- tion by which its extent and duration were so limited. The ex- penses which that uncommon and unexpected calamity made indis- pensible, exceed the sum assigned by law for such purposes. And the precaution which in the city of Albany it was judged prudent to take, in order to prevent the inhabitants from being involved in the like calamity, demanded expenditures which yet remain to be provided for. These accounts will be laid before you, together with those which respect the application of the monies granted for the relief of the refugees from St. Domingo residing here. The situation of these unfortunate people still continues to be truly distressing, and to interest our compassion. The wisdom of our laws has ordained that every place shall maintain its own poor. But it appears to me proper to remark, that by the events of the desolating war between many of the European powers, and by the advantages which this country of- fers 10 emigrants, a great number of persons are induced to come to this state, without other resources than what the benevolence of our citizens or other adventitious circumstances may furnish. As these people do not properly belong to any particular place in this or the neighboring states, would it not be right to consider those of them wlio may be real objects of charity, as the poor of the state, and to provide for them accordingly. The ultimate connexion that subsists between our agriculture, commerce, anti nnvi^:ation, strongly recommends the policy of facili- tating and multiplying the means of intercourse between the dif- JOHN JAY. 51 ferent parts of the state. This topic embraces many others which will not escape your discernment, and which on investi2;ation will be found to he highly interesting. Indeed the improvements of which our local situation and civil polity are susceptible, are so various as to aflPDrd you an arduous and complicated, but still not an unpleasing task. It is a task which cannot be properly per- formed without' much time, application and well digested infor mation, for it will always be found more difficult and also more useful to legislate well, than to legislate much. There is reason however to expect that in the course of the ses- sion, considerable progress will be made ; and that the benefits re- sulting to our fellow-citizens from your attention to their interests, will afford additional proofs, that their confidence cannot be so dis- creetly placed, as in the wisdom and patriotism of their real and responsible representatives. That wisdom and patriotism will, I am persuaded, give to your 4 deliberations all the advantages which accompany moderation and concord ; and you may rely on my readiness to co-operate with you in every measure for augmenting and securing to our constitu- ents, the numerous blessings they derive from the happy state of peace, liberty and safety, which by the favor of heaven we enjoy. New-York, Jan. 6, 1796. JOHN JAY. The Legislature assembled at the City of JVew-York, on the first day of November ; and after having chosen their respective officers, they m,et the Governor in the Court Room, who made this SPEECH; Gentlemen of the Senate and Assembly, When it is considered how greatly the happiness of every nation depends on the wisdom with which their government is adminis- tered, the occasion which has called you together at this early sea- son, cannot but be regarded as unusually important. The period fixed tor the election of a President of the United States is approaching ; and the measures preparatory to it in this state, are now to be taken In every possible situation of our na- tional affairs, whether of peace or war, of tranquility or ferment, of prosperity or misfortune, this object will not cease to demand the utmost care and circumspection. Hitherto the embarrassments arising from competitions, and from the influences incident to them, have not been experienced : they have been excluded by the uniform and universal confidence re- posed in that illustrious patriot, who, being distinguished as the 52 governors' speeches father and ornament of his country, by a series of great and disin- terested services, was also eminently qualified by an uncommon as- semblage of virtues and talents, for that important and exalted sta- tion. But that extraordinary man having, with admirable wisdom and fortitude, conducted the nation through various vicissitudes and unpropitious circumstances to an unexampled degree of prosperi- ty, is now about to retire. Mankind has not been accustomed to see the highest military and civil powers of a nation so received, used and resigned, as they have been in this glorious instance. Every reflection and sentiment connected with this interesting sub- ject, will naturally arise in our minds. May the same benevolent, wise, and over-ruling providence, which has so constantly and re- markably sustained and protected us, preside over the public de- liberations and suffrages. It gives me pleasure to inform you, that at a treaty held in this city, under the authority of the United States, a tinal agreement hasK(| been concluded between this state and the Indian tribes, who call themselves the seven nations of Canada, Although their title to the territory they claimed was not unquestionable, yet it was judged more consistent with sound policy, to extinguish their claims, and consequently their animosities, by a satisfactory settle- ment, than leave the state exposed to the inconveniences which always result from disputes with Indian tribes. Besides consider- ing our strength and their connparative weakness, every appear- ance of taking advantage of that weakness, was to be avoided. The claims of the Mohawks to certain other lands, still remain to be adjusted ; but there is reason to expect that these may also be amicably settled : and that the period is not far distant, when the Indians on our borders, having convincing proofs of our jus- tice and moderation, will by good offices and a friendly intercourse be led to rely on our benevolence and protection, and to view our prosperity as connected with their own. I submit to your consideration, whether the payments to be an- nually made to the different tribes, who are entitled to them by contracts with the state, should not be so ordered, as that they may bepMnc/MCJ% paid in a uniform manner, and at ajixed ex- pense. Difficulties were experienced in executing the benevolent in- tentions of the legislature respecting a Lazaretto in the vicinity of this city. Ground conveniently situated could not be purchased; and the placing it on Governor s Island, where it could not have been erected at a proper distance from the garrison was liable to strong objections. These difficulties have been removed by the liberality of the corporation of the city. They have gratuitously convejied Bedlow's Island to the state, for this and such other pub- lic' uses as the legislature may from time to time direct. Certain buildings, erected there by the French republic, have been pur- chased, aad prepared to serve the purpose of a lazaretto for the JOHN JAY. 53 present. But as additions and alterations will be neccssar3% and as precautions should be taken to prevent that island ironi being I'ur- ther diminished, by encroachnients of the water, the appropriation of some money for these objects, will be requisite. The measures prescribecl by law, to prevent the bringing and spreading of infectious (hsenses in this state, have been taken, and faithfully executed. It is however to be lamented, that cases of the like t"evei' with that which in the last year proved so i'atal to this city, have occurred ; and ihcre is at present very little reason to doubt whether that disease may be generated here. The sul>ject of nuisances, therefore, having become important to the safety as well as to the comfort of our fellow citizens, well deserves the no- tice and interposition of the legislature. Precarious is the peace and security of that people who are not prepared to defend themselves. Permit me to observe, that this state has but one port, and that, important as it is to the whole state, its situation cannot yet be deemed secure. The fortifica- tions that were begun are stiil unfinished ; and it appears to me to merit consideration, whether this port can otherwise be secured than h}' skilfully fortifying the passage at the Narrows. It cannot be too frequently recollected, that seasons of peace and prosperity are the most favorable for measures and works of this kind. Consitlering the funds which the state possesses ; the appropria- tions which have been and will be made, lor various public uses ; the accounts consequent to such appropriations, and the evident utility of so arranging and conducting our fiscal aftairs, as that the funds may be advantageously managed, accounts with individuals regularly settled, and the balances due to and from them punctually paid : I think it my duty to suggest, whether more adequate provi- sion for these objects should not be made. Although our taxes have for years past been inconsiderable, and although there is at present no prospect of our being pressed by any necessity to increase them, j^et it is to be presumed, from the vicissitudes which attend human aliairs, that at some future period more ample contributions may become indispensible-; would it not, therefore, be prudent, at this calm and tranquil season, to adopt and establish such rules and regulations for taxation, as being perfectly consistent with the principles of justice and rational li- berty, and gradually acquiring the advantages of experience and usage, may relieve this delicate suV)ject from many of the perplex- ing questions about principle, mode and manner, which at all times are difficult, and which are particularly embarrassing in times of anxiety and agitation. The distressed situation in which the French refugees from St. Domingo arrived here, induced the legislature to provide for them in a very beneficent manner. The sums allotted for their support have been expended, and the accounts audited and settled ; many of those unfortunate persons have left the state ; but it is repre- sented to me, that a number of old persons and children are still 54 governors' speeches. here, and in a situation so destitute and \vretched, that 1 cannot for* bear mentioning it to you. They cannot with propriety be con- sidered as the poor of any particular district ; their fate is pecuhar as well as distressing, and they appear to me as having become by the dispensations of Providence the poor of the state. It often happens that persons, not urged by circumstances equal- jy pressing, come into the state, from distant parts, and in many in- stances become burthensome to it. This subject seems to call for some regulations, especially as the law heretofore passed relative to it has ceased to operate. I ought not to omit informing you, that the honorable Mr. King having been appointed minister plenipotentiary to the court of Great Britain, and accepted that place, his seat in the Senate of the United States has become vacant. In the course of your deliberations on the affairs of the state, and the means of preserving and increasing the public welfare, many interesting subjects will rise into view — Such as these, among others : The manner in which the salt springs may be rendered most useful, and the woods in the neighborhood of them best pre- served ; the facilities and encouragement that may be proper to- wards obtaining an accurate map of the whole state ; the necessity of rendering the laws, respecting roads and bridges, more effec- tual ; and of revising and amending those which relate to the mili- tia, and which direct the inspection of certain of our staple commo- dities. As these and various other objects derive importance from their relations to the general welfare, they will, I am persuaded, receive a proportionate degree of your attention ; and I assure you, that it is no less my desire than it is my duty, to co-operate with you, in guarding and promoting the prosperity and happiness of our fellow-citizens. JOHN JAY. JVcTi'-ForA-, November 1, 1796. The Legislature met pursuant to Lara at the City of Albany, on the second of January, when the Governor opened the session zvith the following SPEECH : Gentlemen of the Senate and Assembly, It must afford sincere and cordial satisfaction to our follow-citi- zens, to see the representatives whom they have freely chosen, thus peaceably and calmly assemble, to deUberate on their com- JOHN JAY. . Ltd mon concerns, and to concert the measures most conducive to their common prosperity. Nor will they derive less satisfaction from the retlection, that at this moment the representatives of the '.ation, of which this state constitutes an important member, are in like manner convened, and in harmony proceeding to consider and provide for our national in- terests. This is an eventful and interesting period ; and very important and impressive are the circumstances and considerations, which render union, prudence and energv essential to the welfare, if not to the safety, of the United States. May the great author and giver of good counsels, dispose and enable our governments and people to tultil their respective duties wisely. During the last summer, an extraordinary occasion induced the President to convene the congress. Their acts and journals will be laid before you, for your information. Among the acts there is one of which it is proper to make particular mention. It is entitled " an act authorising a detachment from the militia of the United States." By it the President is empowered to re- quire of the executives of the respective states, to take effectual measures, at such time as he shall judge necessary, to organize, arm and equip, and hold in readiness to march at a moment's warn- ing, the proportion of eighty thousand men assigned to them re- spectively. In pursuance of this act, the president has been pleased to di- rect, that the quota of troops assigned to this state, should be held in readiness ; and orders have been accordingly given, and in nu- merous instances have been complied with, in a manner very hono- rable to the militia of this state. It will not escape your observation, gentlemen, that by this act the executives of the several states are not only to organize, but also to arm and equip the detachments required of them* When on this, or any future occasion, such detachments shall be called to the tield, it is not to be expected that they will be found completely armed and equipped. There will doubtless be defi- ciencies ; and to me it appears proper, that the necessary supplies should be seasonably provided, and that they be managed in the manner best calculated to guard against waste and misapplication. On reviewing the internal affairs of the state, you will, I think, find it necessaiy to amend some of our existing statutes. The act making alterations in the criminal law, and substituting the punishment of imprisonment instead of death for certain felo- nies, appears to me to have omitted either expressly to declare, or impliedly to decide, whether in any and what respects the convic- tions in those cases extinguish or affect civil rights and relations. The restriction in the act respecting assistant attornies general, which limits the appointments to counsellors at law resident in the respective districts, has been and still is in one of the dis- tricts productive of inconvenience and embarrassment. 56 GOVERNORS' SPEECHES. The laws respecting quit rents might in my opinion be amended by a provision, enabling the holders of land subject to it, to acquire at any time an exoneration from that charge, on just and reasonable terms. To me it appears advisable, that the proprietors of land throughout the state, should, by the gradual operation of such a provision, be eventually placed in this respect on a similar and equal footing. Imperfections in the militia laws are frequently experienced ; and the relation which this subject bears in the defence of the na- tion in general, and of this state in particular, places it in an inter- esting point of light. The maxim that every nation ought to be constantly prepared for self-defence, is founded on the experience of all ages ; it is true at all times, and under all circumstances : it is by the constitution of the state expressly recognized and adop- ted, and in strong terms enjoined as a duty on the legislature. It deserves, therefore, to be considered whether the provisions made by the existing laws for this object, are sufficiently ample and ade- quate. Under colour and cover of the act for defraying county charges, taxes are often so unequally assessed on unimproved v/ood land, and with such inexcusable waste and destruction collected, as to require legislative interposition. Every system of taxation is cer- tainly defective and exceptionable, which does not afford tlie best checks which human prudence and human laws can devise, against partiality, fraud and oppression. That government cannot cease to attract and to preserve confidence and attachment, which leaves no rights without protection, no grievances without redress. It is considered as a rule to which there are few exceptions, that when a law is treated with manifest and general disrespect and dis- obedience, it should either be repealed, or more competent means to enforce it be devised ; a tolerated violation of one law naturally leading to, and encouraging the infraction of others. Although the obligation to observe and obey equal and constitu- tional laws, plainly results from our social compacts, and makes a part of the moral law, yet the statute prohibiting usury and limit- ing the interest of money, is notoriously and daily violated, and that, not only by those on whom such considerations have little in- fluence, but even by too many of those whose characters and con- duct arc in other respects fair and correct. There is also much reason to regret that more respect is not generally paid to the injunctions of the act relative to Sunday. If the Sabbath be, as I am convinced it is, of divine appointment, this subject ought not to be regarded with indifference. In a state so progressive as ours, new cases and exigencies will frequently arise, and require legislative provision. At least twoarstaals for the reception and safe keeping of mili- tary stores, are thought to be necessary ; one at New-York and another at this place. For the one at New-York, the corporation of that city have liberally and gratuitously granted to the people of .TOHN JAY. 57 the state, a large, and valuable lot of gound, and the commissioners have my approbation to erect an arsenal on it. The sitnation of Albany, considered in relation to the other counties, to security, and to the facdity of transportation by land and water, seems to point it out as a proper place for an arsenal, a-nd on a larger scale than the one proposed for New-York, if these ideas should meet with your approbation, the means of reali- zini^them will of course be attended to. The value and importance of the military stores which will from time to time belone; to the state, require that they should be well preserved, and also securely kept. Both these considerations unite in suggesting whether these purposes, can be so properly and eco- nomically effected, as by a competent number of guards, carefully- selected, organized and regulated. The utility of this measure becomes more apparent on considering, that it may be made sub- servient not only to the security and business of the arsenal, but also to the security of the state prison ; every escape from which however caused, will in a degree counteract the purposes of that benevolent institution. Sound policy dictates that our mild punish- ments should be made to produce by their certainty and duration, a portion of that di-ead which sanguinary ones impress by their severi'y. I forbear, gentlemen, to press your attention to the great inte- rests of learning, public justice, agriculture and commerce, being persuaded that nothing will be omitted to render the session useful to oar fellow-citizens and honorable to their representatives. .JOHN JAY, Albany, January 2, 1798. T7ie Governor, by proclamation, convened the Legislature at the City of Albany, on the ninth day of August. After having orga- nized, they met the Govertior in the Assembly Chamber, zvhen he opened the sessioti 7s:ith this SPEECH : Gentlemen of thk Senate and Assembly, Perceiving the various objections which opposed the holding a special session of the legislature, and particularly at this season of the year, it was not until after very mature refl'-'ction, that I became convinced that it was my duty to convene you. The reasons on which that opinion was founded, have been made known ; and subsequent events have not diminished their force. Our national aflairs, in re- lation to France, had since the last session assumed an aspect so serious and alarming, as to induce the government of the United 8 58 States to communicate to the public the information contained ih the state papers, which will be laid before you ; and thereby to ap- prise the nation of the dangers which demanded immediate atten- tion to their defence and security. Although aware that this great business belonged to the national government, yet how far the safety and essential interests of this state required that auxiliary and correspondent measures on her part should be taken without delay, was a question more proper for yon than for me to consider and decide ; and that it might, without loss of time, be submitted to your conrideration, a special session vvas indispensable. From the disinterested and friendly attentions early and repeat- edly paid to the government of the French republic ; and particu- larly in not only recognizing its independence and authority at a delicate crisis ; but also in paying to it, before all the stipulated periods had arrived, the whole debt contracted under the monar- chy, the United States had reason to expect that the most scrupu- lous regard would have been shewn by thai republic, to all the rights which belonged to their independent, pacific and neutral situation. But these expectd i: appears to me that they should be enabled nnilormly to answer the valuable purposes for which they were estabhshed. Our ancestors have transmitied to tis many excellent institutions, matured by th^ wisdom and experience of ages. Let them descend to our p-jsten- tv, accompanieid with other?, which by promoting usetbl know- ledge, and multiplying the blessings of social order, a&d diffusing the influence of moral obligations, may be reputable to us and beneficial to them. Con^ious thai the sentiments which I have now expressed, are prompted by the best motives, and by an ardent desire to adraice the welfare of our common country : and being persuaded diai your dehberations will be animated by similar view? and dispog- tions, I indulge the ple^ng expectation, that the results of tihis session will correspond with the high trust and OHifidence reposed in Us by our constituents. JOHN JAY .HboBv, January 2Bf 1800. 64 GOVERNORS* SPEECHES. The Lcgislaiure met at the City of Albany, 07i the fourth day of November, one thousand eight hundred, -when they 'waited upon the Governor, -who made the follon^ing SPEECH : Gentlemkn cJF THE Senate aSd Assemelv, The great importance of the business which, at stated periods fixed by law, requires your convening at this earJy season, having heretofore been considered and experienced, it cannot be neces- sary to enumerate the various considerations which entitle it to serious attention. Connected with this is another topic, which needs only to be mentioned, to excite reflections which on such occasions, will always be seasonable and proper. It is natural that the election of a first magistrate for the nation, should divide even patriots into parties : while not intemperate, few public in- conveniences result from them. But, history informs us, that when such parties, being nearly balanced, become highly inflamed, they often endanger not only the tranquility, but also the political existence of republics. It is wise to profit by the experience of others. Our governments are yet in a course of experiment : and care should be taken that it be a fair experiment, and that it be not interrupted by those tendencies to innovation which certain passions, when too fervent, sometimes produce. Since the last adjournment few circumstances have occurred, of such a nature, as to require being recommended to your particu- lar notice. Providence still continues to bless our country with prosperity ; and nothing remains for us, but to enjoy it with grati- tude ;ind moderation, and in our several stations to endeavor to pre- serve and advance the welfare of the state. To this end, prudence directs us frequently to review our public affairs, and to correct and amend whatever may appear from experience to be suscepti- ble of material improvement. On such a review it will probably be found, that among the different classes of public expenditures, there are some which de- mand more order and economy. I allude particularly to the ex- penses of the counties and towns, and to the manner in which they are at present incurred, liquidated and conducted. It is said, and I fear with too much truth, that in a majority of the counties, these expenses very ftr exceed the amount of their respective propor- tions of the state tax. This would not continue to be the casein so great a degree, if the accounts against them were as carefully and scrupulously admitted and audited, as those against the state ; and if they were controlled and ordered with equal notoriety, independence and responsibility. The present manner of trans •acting these affairs is certainly defective, and the interest of the inhabitants requires that it should be revised and amended ; and the more so, as certain boards oi supervisors have, as I am in- JOHN JAY. 65 t'ormed, not hesitated in some instances, to treat the statutes of the state with unequivocal disobedience. Although our present system of taxation is far preferable to the preceding one, yet time will doubtless discover imperfections in it. The reprehensible inequalities in assessments have already been observed and complained of. Injustice, when committed un- der the forms and authority of the laws, is alvMiys particularly painful and disgusting, and excites emotions which are not friendly to government. I am persuaded that the result of your delibera- tions on this subject will confirm the public confidence in the wis- dom and rectitude of the legislature. Few circumstances are more essential to the duration of civil liberty and the well being of a free people, than that the depart- ments and officers of their government do, on the one hand, exercise on proper occasions all the powers and authorities constitutionally committed to them ; and on the other hand, that they do not ex- ercise on any occasion powers and authorities which are not con- stitutionally committeJ to them. Notwithstanding the delicacy of the subject, I thin- it my duty to submit to your candid and dis- passionate consideration whether the power which has been ex- ercised by the legislature to control the lawful operation of wills and descents in individual cases, by private acts, is not liable to such well founded objections, as that it should not in future be permitted to acquire further claims to assent and acquiescence on the ground of precedeut. That I may be clearly understood, per- mit me to remark — That the right lawfully to acquire, inherit and hold, as well as lawfully and freely to grant, devise and dispose of land or other property, is included among those which the constitution intended to secure to every citizen. That valuable civil privileges are by the constitution conferred exclusively on that class of citizens who are freeholders, and which privileges they lose when they ce,'>se to have lands of a certain value, v/f'hatthe constitution has ordained and declared, " that no member of this state shall be disfranchised or deprived of any of the rights or privileges secured to the sub- jects of this state by this constitution, unless by the law of the land and the judgment of his peers." That although this provi- sion was doubtless intended more immediately for the security of citizens charged with offences, yet that it necessarily, and with still greater force applies to citizens to whom no offences are im- puted. That by " the law of the land," is to be understood, the public, general, and constitutional laws of the state, equally and impartially affecting all persons and cases wnder similar circum- stances, and to be administered and applied to those persons and cases, in the ordinary course of judicial proceeding ; and conse- quently not a mere private act, confined in its object and operation to a particular case, and directly applied to that single case, and to the individuals interested in it, without the intervention of any ju- dicial inouiries or proceedings whatsoever. I am not unmindfiil of 9 Ij6 GOVEHxNOtls' SPEECHES. the undoubted authority of the legislature to grant exclusive privi-< leges, for public purposes, to corporations, in restraint of the rights of others ; and to take land from individuals, for public uses, on paying the. value of it. But there have been instances, and one of recent date, where by private acts, passed expressly for the pur- pose, infant freeholders have been divested of certain of their lands, and trustees appointed to sell them, for their supposed bene- fit ; whereby the nature of their property has been changed, and their civil rights, as freeholders of those lands, extinguished. Al- though these private acts were passed from the best motives, and with intent to serve, not to injure those infants, yet how such in- terferences with private property can consist with the constitution, or with the principles on which the judicial department was insti- tuted, or with the security of property, or with the inestimable pri- vileges which every citizen has, and ought tn have, of freely and lawfully disposing of his land by his will, or by voluntarily leav- ing it to descend according to law, are inquiries which really ap- pear to me to be exceedingly interesting. On further reviewing the state of our public affairs, it will be found, that experience has hitherto evinced the propriety of pla- cing all religious denominations on an equal footing ; but the statute enabling them to incorporate, and to make contracts with, and for the support of their ministers, appears to be defective, in not hav- ing provided legal means sufficiently competent for executing those contracts with convenience and facility. The importance of this s\ibject is strongly expressed in the preamble of that statute. It declares it to be "the duty of all wise, free and virtuous govern- " ments to countenance and encourage virtue and religion, and re- " move every let or impediment to the growth and prosperity of *' the people, and to enable every religious denomination to pro- " vide for the decent and honorable support of divine worship, " agreeable to the dictates of conscience and judgment." I there- fore submit to your consideration, the expediency of enabling them to cause the sums made payable by such contracts, to be assessed on the members of their respective corporations, in proportion to their taxable estates, as rated in the legal assessments and to have the same levied, and (after the usual deduction for charges) paid to them by the public collectors. There is another subject which in my opinion is worthy of con- slderatioo. When our constitution was formed, the rule establish- ed by it for regulating the future number of senators and repre- sentatives was founded on reasons which subsequent events and circumstances have materially altered. According to this rule, the number will continue to increase, and will become not only in- convenient, but also unnecessarily expensive ; for although a seat in the legislature, is a place of honor, and not of profit, yet the ex- penses, however strictly regulated by this principle, will neverthe- less far exceed the limits prescribed by prudence and the public good. I therefore think it proper to suggest, whether provisioia JOHN JAY. 67 should not be made by law for electing a convention, for the sole and exclusive purpose of ordaining what shall be the number of senators and representatives at future periods ; and of fixing the limits which it shall at no time hereafter exceed. Your deliberations, gentlemen, will doubtless extend to several objects, respecting which it will be proper for me to communicate to you official information. Care shall be taken that this be done in season ; and I assure you, that nothing on my part shall be omit- ted, to render this session beneficial to the state, and agreeable to Yourselves. JOHN JAY. Albany, November 4, 1800. GEORGE CLINTON. The Legislature met, pursuant to law, at the City of Albany, on the twenty-sixth day of January, and on the same day the Governor made this SPEECH : Gentlemen of the Senate and Assembly, I CANNOT refrain, at this first opportunity presented me for meet- ing the legislature, from congratulating you upon the flourishing condition of the United States. Under an administration extensive- ly possessing and highly meriting the public confidence, we have reason to believe that the external and mutual relations of the states will command every proper attention, and engage every proper support. Our participation with our sister states, in the general prosperi- ty, ought not, however, to diminish our exertions in cultivating those peculiar advantages with which we are favored by the Su- preme Dispenser of all good ; and in obeying the injunction of the constitution, to recommend such matters to the consideration of the legislature, as shall appear " to concern the good government, "welfare and prosperity of the state." I feel confident that no- thing in your power will be wanting for the promotion of those im- portant objects. The situation of our finances will demand your particular atten- tion. Claims to a considerable amount, arising from monies bor- rowed and other sources, exist against the state, and have induced a resort to taxation for the last two years. These demands ought to be satisfied as early as a due regard to general convenience will admit ; and considering our resources, there is reason to believe that they could have been soon extinguished, without laying any additional burthens on our constituents, were it not for the engage- ment to expend in fortifications a very large sum, supposed to be due to the United States. How far this balance was originally just, or how far it will or ought to be exacted from this state cxclusivelj^ are questions which it is not within my province to decide. The proceedings under the act providing for the extinguishment of this demand, will be laid before you ; and if the public exigencies shall require a continuation of taxes, I submit to the legislature whether a revision of the system will not be indispensable, in order to ren- der assessments more equal and just ; collections more speedy and operative, and both less expensive. In taking a review of the resources of the state, and in devising appropriate improvements, a variety of subjects will necessarily engage your attention. GEORGE CLINTON. 69 The claims of d6ner by widows of attainted persons, have as- •sumed so serious an aspect, that the coinrnissioners appointed by law for their liquidation and settlement, deemed it expedient at the last session to submit them to the decision oithe legislature ; and as nothing was dehnilively arranged at that period, a great number of suits have been commenced against persons deriving title from the state. While the honor of the state demands that all proper claims should be satisfied, an attention to public economy equally requires that the treasury should be guarded against improper or fraudulent demands. In the course of the session, this subject will no doubt receive an attention commensurate with its importance. ■ The benevolent views of government, in substituting to a cer- tain extent the punishment of imprisonment instead of death, have been ia a great measure realized, as far as we can judge from ex- perience. But it may be well worthy of consideration, whether the expenses of the establishment have not been unnecessarily sur- charged by confining in the state prison petty offenders, sentenced to an imprisonment exceeding a year, and whether every useful object would not be equally well attained, and at the sam.e time a considerable expense in conveyance and maintenance saved, by a different regulation with respect to this class of offenders. When on this subject, it may be proper to observe, that as the establish- ment of a military guard has been deemed essential for security against escapes, it is necessary that some detmite system of disci- pline and government should be prescribed, to give efficacy to that institution. It is to be regretted, that the sessions of the legislature should be protracted by the consideration of claims which have been fre- •i[uentl3' decided against ; as if importunity would ensure success, and as if frequency of application would eventually weary into compl'iance, the attention oi' the legislature has been too much di- verted from important objects of public policy, by aj)plications which have been renewed from session to session. The right of petitioningjis a sacred right, but its abuses ought not to be counte- nanced ; some remedy for this evil would be highly expedient, if the nature of the case can admit of one without a collision with an essential right of every citizen. ^'he provision in the act concerning slaves and servants, autho- risn)g the owners of slaves, under certain circumstances, to aban- don them to the state, will prove a source of growing expense. and will require particular interference : and I feel happy in the persuasion, that the reasonable claims of individuals may be fully attended to in this case, without invac'ing the rights of hum.anity, or the pecuniary interests of the state. The situation of the salt springs also deserves your attention ; hitherto they have been a source of inconsiderable profit. In ac- commodating a large portion of our fellow citizens with a necessa- ry article of life, an important object is indeed attained ; the bene- Hts of which would, however, be enhanced, if at the same time irOP 9 GEORGE CLPfTOv 7| plinTiiihe deacu- -■:.-. I cannot bet i^r'- ' ' : ■ - r. eci ii*5 oc* hiiberxo receireii the ^::er.un ot tl-^e -er - -'•. The advacilaje* re?».:.r.r to tfe* >;• teTe?l5 of the -i^ie. ir:si :>s:iii:at:QC bctweea difiereat parti' oi' Uie coac' ccr. L<..-e;^..^e .ac- knowMsed m the Kberal gnnl^ ot' ■•ir^. Large :nw" bare bees snnited. ibr ■Mkn^ canai? - lUTigable wa- ter^, erectiae; bridges aad ofpemae r: *<=^tioa of the fSTenmeat has receadj been paiticaijffi ;< -icoqiora- uo* of tompifce coBfMBiPS. The saper '':-rrir\r care of the leetsLatnrc k still necessarr ' tw of pvrsnits of this aatare : bot if fatB ■■ pike ca M fM o i es sbooid be deemerl erpcQ o oa a ide iJ Oop. whether former ones have i _-.„.,.. ia p regciib ing the orieiaal lajioe oot ot the roaris. la a onnaer oiosc •obserriettt to the pabUc cdaTe!ueoce, and vrhe^ker a somiaary Bftode oa gjht aot to be prescribed, to exact a coespiiaoce intn those " — ? TJth the ioteadoa*: of goyernweat. - -a for the encaarageoieat of oaauMa schoois haviiic ■-■^e^ cisKocammed. and the adrantaves to morads. reitgioa, Iih'^r: • Tad S!Qod gnTrrarnf arkins frvMn the g en eral *i : " 1 be cogisD-rrT €> felt to render it perpetual. GEO. CLIXTO.V. JOmiy, Jammrj 3S, iSOe. 72 governors' speeches. On the twenfy-Jifth day of January, one thousand eight, hundred and three, the Legislature met at the City of Albany, irhen, after having elected the Officers of the Senate and Assembly, the Governor opened the session xciih the fullo~^ing SPEECH : Gentlemen of the Senate and Assembly, I have the satisfaction to inform yon, that nothing has occurred, in the recess of the legishiture, to disturh the pubhc tranquility or to impede the growing prosperity of the state. For a continua- tion of these inestimable blessings our unfeigned gratitude is due to the Supreme Disposer of all events. You must, however, have heard with regret of the late unwarrantable conduct of the Spanish Intendant at New-Orleans, calculated to deprive the peo- ple of the United States of the free navigation of the Mississippi ; but notwithstanding the sensibility so generally and justly excited on this occasion, there is every reason to believe that the wise and temperate measures adopted by the president will remove all cause of complaint : Should this not be the case, and a more vigo- rous course become proper and necessary, I feel confident it will be pursued ; and that this state, which so eminently exerted it- self in the establishment of American Independence, will disphiy equal limaess and patriotism in vindicating our national rights, from whatever quarter they may be assailed. Our fellow-citi7,ens, attached to our happy constitution from a conviction th.it it is wisely calculated, under Divine Providence, to ensure all the essential benefits of civil societ3% without any un- necessary abridgment of their natural rights, generally manifest a disposition to pay a due obedience to the laws, which they just- ly consider as the expression of their own will, and to give to government that genuine energy and support which are only to be derived from their confidence and affection. It is also with plea- sure I mention, that the duties assigned to the ditlerent depart- ments, as far as my observation extends^ continue to be performed with wisdom and fidelity. With respect to the various matters committed to my more im- mediate direction, I flatter myself you will find them executed in a manner that will meet your approbation, 'i'reaties have been helti with the Oneida and Seneca nations of Indians, and the objects contemplated by the laws authorising those ncgociations, accom- plished. Copies of the treaties will be laid before you, with an estimate of the sums which remain to be provided for, to comply with the stipulations contained in them. It may be proper to re- mark, that as n > provision was made for the payment of the sums mentioned in the agreement entered into with the Oneidas, under concurrent resolutions of the Senate and Assembly of last ses- sion, nor for defraying the expenses of the treaty directed to be GEORGE CLINTON- 73 held with that nation, it became necessary to supply these defi- riences by private credit. I avail myself of this tlrst opportuni- ty of fulrtllinf? my engagement to the Seneca Indians, by recom- mending that legislative provision be made tor securing to them certain privileges specified in the treaty with that nation. 1 con- sidered their claims reasonable, and would have confirmed them, had not doubts existed respecting my authority. The annual report of the commissary of military stores, with the papers accompanying it, will communicate all useful informa- tion relative to that department, and disclose to you how far the ditlerent services enjoined on him by the act of last session, de- signating his duties, have been performed. Notwithstanding I have reason to believe this business has been conducted with a strict re- gard to economy, yet it is probable the expenses incurred may ex- ceed the sum at which they were estimated, owing to the extensive repairs which the arsenals required, and to the ruinous condition in which the small arms and accoutrements were found ; as it could not have been conjectured, that whilst large sums were ex- pending in defensive preparations, articles of the first utility would have been so much neglected. This effort to put our ma- gazine of miUtary stores in a state of repair is an useful one, but as it will appear trom the returns that the supplies fail far short of those enjoined by the constitution, it would be injustice to the wis- dom of the legislature, to doubt that such farther appropriations will be made as the state of our treasury tnay warrant, for a more perfect compliance with a constitutional injunction dictated by ;i regard for the public safety. The danger of placing a dependence on these supplies trom abroad, and the ditBoulty of procuringtheni when most wanted, point out the expediency of embracing the present favorable opportunity which peace aftbrds, for replen- ishing our magazines : In doing this, however, a preference ought to be given to articles which the ingenuity and industry of our own citizens can furnish, as thereby an additional object will be at- tained ; encouragement will be given to American artizans. With the returns of the reviews and inspections of the last year, I shall also cause to be laid before you those of the prece- ding one ; by a comparison of thdm you will have the satisfaction to discover an increasing attention to duty, honorable to the militia, and at the same time evincive of the beneficial eflects produced by the amendments made at the last session, to the militia law. It is submitted to your judgment to devise such farther improvements in the system as shall be best calculated to promote disciphne and encourage military ardor. Although it was to have been expected crimes would have mul- tiplied with the increase of our population, it is with peculiar pleasure I observe, that from the documents in my possession it may be inferred with a degree of certainty, that for the last three vears their number has been gradually diminishing. This circum- 74 ?jOYErnors' speeches stance, vvhilist it is highly gratifying to philanthropy, and reputa- ble to the community, demonstrates the wisdom of the alterations made in our criminal code, by the rejection of sanguinary punish- ments and the substitution of a system more congenial with the mild spirit of our free government. This, with other wise improvements which have from time to time been made in our laws, and the recent judicious revision and amendment of them, have given to our jurisprudence such a de- gree of perfection as to induce a belief that any material altera- tions are at present unnecessary. Besides the obvious advantages attending the stability of laws, it is essential to Iheir due obser- vance, that they should be generally known and accurately under- stood ; but this is impracticable whilst they are subject to frequent changes, siuce time is required to ascertain by judicial decisions, the legal import of sections udmitting of difierent constructions ; and such are too frequently to be found even in amendatory sta- tutes. Should you, gentlemen, concur in this opinion, a greater portion of your time than usual may be devoted to other objects. The improvement of our fiscal concerns will naturally present itself to you as of superior moment, and the details contained in the comptroller's annual report, will assist in your deliberations on this important subject by suggesting measures lor rendering the funds of the state more productive of revenue. The salutary ef- fects resulting from the economical system and judicious arrange- ments of the general govei'nment afford an instructive lesson ; and if we pursue an example of such high authority and so worthy of imitation, there is reason to believe that the finances of the state may be placed in a condition com])etent to all the exigencies of government, without the necessity of recurring to taxation. The tract of land belonging to the state adjoining the Niagara river, including that ceded by the recent treaty with the Seneca nation of Indians, comprehends the carrying place and line of com- munication between the great western lakes. This and other in- teresting considerations arising from its fbntier situation, render it highly important that measures be taken for its speedy and regu- hir settlement. The interest of the state also requires more ef- fectual measures than have hitherto been adopted to prevent wastes and intrusions on the public lands. It is to be feared that the indulgent conduct of government has only tended to increase these pernicious practices. Most of the ofl'enders are strangers, ignorant of our laws, and it is time they were taught that transgres- sions are not to be rewarded with favors. Wholesomesettlers will not risk their labor in improving lands held by so unjustifiable and precarious a tenure, and sound policy as well as justice forbids our encouraging those of a different description. There is perhaDS no object connected with the internal com- merce of the stite, of greater consequence to its prosperity, than the navigation of Hudson's riTcr, and under this impression the GEORGE CLINTOX. 75 le£?islature have at different times granted considerable sums which have been applied to its improvement and extension. It is obvi- ous, however, that the advantages to be derived from these ex- penditures can be but of comparative small value, unless the public aid shall be extended to the removal of the obstructions be- low this city, which greatly impede the passage of the river, and are found to be annually increasing, if it should be deemed ex- pedient to patronize this interesting undertaking, you will per- ceive the propriety of directing preparatory measures for ascer- taining the best manner of accomplishing it, and of committing its execution to agents of your own appointment, as attempts on an in- judicious plan might, without effecting the object, be productive of injurious consequences. Some defects which had been discovered in the laws establish- ing turnpike road companies, were suggested to the legislature at the opening of the last session ; but although the evils apprehen- ded from these defects were guarded against in the incorporating acts passed subsequent to that period, yet no remedies were ex- tended to the imperfections of the then existing laws ; and, as in these, no mode is prescribed to exact a compliance from the com- panies with the intentions of government, the trouble, expense and hazard of vindicating public rights devolve on individuals. It is submitted, whether it would not be expedient to confer the power of enforcing these laws on some of the established officers, at the public expense, and at the same time to prescribe the manner in which such power shall be executed. The difficulties which oc- cur in devising amendments to acts of this kind, without invading corporate rights, ought to serve as an admonition to great care and circumspection in framing future ones. How far it will be prudent to increase the number of these incorporations, before the advan- tages to be derived from them by the public, shall be more fully ascertained by a course of fair experiment, is a question worthy of your serious consideration. The establishment of common schools has at different times en- gaged the attention of the legislature ; but although its importance is generally acknowledged, a diversity of sentiment respecting the best means has hitherto prevented the accomplishment of the ob- ject. The diffusion of knowledge is so essential to the promotion of virtue and the presrevation of liberty, as to render arguments unnecessary to excite you to a perseverance in this laudable pursuit. Permit me only to observe, that education, by correcting the morals and improving the manners, tends to prevent those evils in society which are beyond the sphere of legislation. Gentlemen, I shall occasionally communicate, by message, such other mat- ters as may appear to deserve your notice, without detaining you my longer at this time, than to assure you of nij best eudeavors 76 governors' speeches. to rander your session agreeable ; and that I shall always consider a cheerful co-operation with the legislature, in every measure cal- culated to promote the honor of the state and the happiness of our constituents, among the lirst of my duties. GEO. CLINTON. Alhany, January 25, 1003^. The Legislature met at the City of Albany, on the thirty-first dci'i of January, one tlioiisand eight hundred and four, and the foil o'^iiig Speech n^as made by the Governor, on ilie same day ; Gentlemen of the Senate and Assembly, It must be a source of puculiar satisfaction to you, as the re- presentatives of a free people, when assembled to deliberate on their political welfare, to find the stale in a prosperous and flou- rishing condition ; and our fellow-citizens tranquil and happy un- der the benign influence of mild and nholesome laws : and if we advert to the situation of our national concerns, it will afl'ord ad- ditional gratification to reflect, that by the blessing of Heaven on the wise and pacific procedure of a virtuous administration, the calamities of war have been averted, the rights of the union maintained, its commercial privileges extended, and its territories enlarged. It is not, however, my province on this occasion, to. expatiate on the immense value and importance of the advantages thus honorably acquired. But notwithstanding this pleasing aspect of our public afiii^irs, we have bad reason to lament a partial interruption of prosperi- ty, and the loss of many valuable members of the community, by the recurrence of malignant fever in one of our principal com- mercial cities. The evils attending this dreadful calamity, both, as they affect the lives of the citizens, and the commerce of the state, are so distressing, and of such magnitude, as to demand the serious and unremitted attention of the legislature. Whatever diversity of opinion may be entertained by professional men. with respect to the origin and nature of that disease, experience anrl observation seem to evince, that in order to prevent its intro- duction and spreading, regard mast be had, not only to the vessels X'^isiting our ports, but also to the local condition of our cities : for, as it is a fact too well ascertained to admit of a doubt, that crowded and filthy vessels, %vhether they derive infection from foreign countries, or generate it on their voyages, are capable of coinmHnicating itto certain places predisposed for its reception: so it is eq\^ally certain, that situations in the immediate vicinity of those places, although exposed to that infectionj are exempt from GEORGE CLINTON. 77 its influence ; and hence it would appear evident that there must exist some latent cause in the present condition of those cities which have lately been subject to pestilential fever, peculiarly favorable in its p*^ropagation. Under these impressions, it is sub- mitted to your wisdom, whether, besides revising and improving the present precautionary arrangements for preventing its intro- duction from abroad, some efhcient regulations ought not to be prescribed and enforced, for purifying the city of New-York, and restoring it to its former state of salubrity : for whilst it is our duty humbly to implore the interposition of the Almighty, to avert these afflicting dispeusationsit, is also highly incumbent on us to be in the diligent use of those subordinate means, which his merciful pvovidence may have ordained for our preservation. During the recess of the legislature, two vacancies have hap- pened in the senote of the United States, by the resignations of the senators from this state. One of these took place at an early pe- liod of the present session of congress ; in that instance, the pub- lic service required the exercise of the constitutional power vest- ed in me of making a temporary appointment : In the other, it be- ing of a recent date, my interference was deemed inexpedient. It is°nowyour duty to fill the vacancies, and to this end the necessary documents will be delivered to you. I have the satisfaction to lay before you a resolution of the congress of the United States, proposing an amendment to the constitution, respecting the election of president and vice-presi- dent ; and as one of a similar nature has been for two years suc- cessively recommended by the legislature of this state, I feel con- fident you wUl receive this communication with peculiar pleasure, and that so desirable and salutary an improvement will meet with your early sanction. The money appropriated at the last session to be expended un- der my direction for procuring arms and military stores, has been applied to that purpose on advantageous terms. The diflerent articles purchased are designated in the annual report oi the com- missary of military stores, with the prices annexed. Notwith- standing this valuable addition, and the several useful improve- ments recently made, you will nevertheless perceive the expe- diency of such further appropriations as the state of the treasury may without inconvenience admit, for augmenting our supplies, particularly of small arms ; and tor the erection of a magazine in ihe vicinity of the citv of New-York, and of two additional arse- nals, one in the middle, and the other in the western district. The public will be sufficiently accommodated if these are con- structed on a contracted plan, and it is presumed that the mode- rate sum requisite for this service may be replaced it it should be deemed expedient, by the sale of a portion of the surplus lands set apart for military purposes. 18^ governors' speeches. As you must individually hare observed the laudable spirit of tlie militia in the different parts of the state, manifested by their atten- tion to duty and improvement ; and as no material defects have been discovered in the laws relative to them, it is unnecessary for me to make any other remarks than such as will be found in the Adjutant-General's return. It may be proper, however, to re- mind you, that an act, passed at the last session, of congress, pre- scribes regimental chaplains, and certain staff-officers, which are not comprehended in our present militia establishment, and thai legislative provision will be necessary to authorize their appvliicli jou >\il! discover the progress, made in that business, and be able to determine how far the advan- tages contemplated by the mode prescribed for conducting these sales, have been realized, cind whether useful alterations may not be adopted. The annual report of the comptroHerwill furnish you with a correct statement of our linances, and with such useful observa- tions as experience has dictated for their improvement, it must be gratifying to observe, that besides meeting the liberal contri- butions which have been made tor the promotion of literature, and for establishments of public utility, our revenues have been com- petent to the support of our civil list, and for all the other public exigencies ; and there can be no reason to doubt that by a conti- nued attention to those principles of economy, which are most con- genial with the spirit of ouf excellent government, the extinguish- ment of all the demands against the state, arising from former anti- cipations, may be speedily accompHshed without the aid of taxes. Notwithstanding the great portion of time and labor which has for a series of years past been devoted to the investigation of the claims of individuals, principally for services during the revolutionary war, they do not appear to have diminished, and the public delibe- i-ations continue to be embarrassed with them at every new session. From the nature of these services and the length of time that has, elapsed, it is difficult either to substantiate just claims, or to guard against improper ones ; and to these causes may be ascribed the occasional admission of some, which had been repeatedly rejected at previous sessions : And as the success of one improper appli- cation furnishes a precedent for others, it is impossible to form a. rational conjecture of what may be their number aud extent. It therefore appears essential to the public interest, that means should be devised for effecting the final adjustment of these reiterated claims, within a given period of time, upon certain fixed princi- ples calculated to dispense equal justice : For besides the inefficacy of the present mode, and the heavy burthen it imposes on the !c GEOUGE CLINTON. ^d ^islature, it has frequently happenetl from the pressure of private business, that the passage of important pubhc bills has been re- tarded till so near the close of the session as not to leave time for a deliberate and careful revision of them. I might mention other inconveniences resulting from the same cause, but as these do not come within the cognizance ef the executive, I forbear enumera- ting them. Although the management of our external relations is committed exclusiveTy to the general government, it is nevertheless the duty of the individual states, by every proper mean, to facilitate and give effect to the arrangements which may be devised for securing the Iranqaihty and happiness of the nation. The neutral position taken by the United States, amidst the wars of Europe, has eleva- ted cur character, and increased our national prosperity ; and as the citixens of this state have an extensive commercial intercourse with the coniiicting parties, and the unwarrantable acts of indi- viduals have frequently disturbed the repose of empires, it is pe- culiarly incumbent on us to cherish a spirit corresponding with our neutral situation, and to inculcate on our constituents the necessity of attending to the v^^ise admonitions of the executive of the union, ^'to cultivate the friendship of the belligerent nations^ by every actof justice and innocent kindness." The detention of our citizens on board of vessels m our own ports by the subjects of other governments, will perhaps require some more energetic remedy to be put in the hands of the magis- tracy than exists at present : And it may be proper to mention, as connected with this subject, that as it is questionable whether the waters in this state, between Long and Staten-Islands, and south ot the bounds of New-York, are included in any county, some appro- priate provision will be necessary to obviate the evils arising from :fhis uncertainty of jurisdiction. Several matters which were under consideration at the last ses- sion and in which some progress was made, remain unfinished ; Of these the establishment of common schools, and the improve- ment of 'the navigation of Hudson's river in the vicinity of this ritv, are of the first importance. ^ The competency of our laws for all the important purposes ol cood government, and the faithful administration of justice under Them must necessarily diminish the ordinary objects of legislation , and as I have nothing further of special moment to recommend to Your notice, you will commence this session with the pleasing pros- pect of being relieved from your public labors at an earlier period, than usual: And I entreat you to be assured of my best cndea- vorsto flicilitatethc dispatch of business, and to render your deiibe^ rations agreeable. 80 governors' speeches. Gentlemex, If we review the present happy condition of our country, and reflect on the many distinguished blessings we enjoy, as well as on the numerous evils incident to other governments, from which we are exempted, there will be found abundant reason to rejoice, that we live in a republic thus highly favored of heaven, and under a social compact from which so many benefits result : And whilst these considerations should animate us with exalted sentiments of patriotism, and with a lively zeal to cherish the fundamental prin- ciples of our political institutions, they ought above all to inspire us with becoming gratitude to the great ruler of nations, on whose favor all our happiness depends. GEO. CLINTON. Jilbuny, Januanj 31, 1804. MORGAN LEWIS. The Legialature met at the City of Albany, on the sixth day of JVb- veinbei\ ons thousand eight hundred and four, for the purpose of choosing Electors of President and Vice-President. On the same day tlic Governor made this SPEECH: Gentlemen of the Senate and Assembly, You were adjourned to this early day to enable you to execute a trust important and interesting as any that can be reposed in the representatives of a free people. The period for which the pre- sident and vice-president of the United States were respectively chosen, will expire with the third of March next. It becomes your duty, therefore, in obedience to fhe constitution of the gene- ral government, the act of congress, and that of the legislature of this state relative thereto, to appoint, during the present meeting of the session now about to be opened, the legal number of persons duly quahfied to elect to them successors to those dignified stations. The selection lies exclusively with you ; and in making it, that you will seek for characters of approved integrity, void of pre- judice, firmly attached to the principles of our government, and the true interests of our common country, is not to be questioned. On an examination of the laws above alluded to, it will be found that no provision has been made for the contingency of an elec- tor's absence from the meeting enjoined. This is a defect, the propriety and manner of remedying which, I submit to your dis- cretion. It is with pleasure, gentlemen, I anraounce to you officially the ratification, by the competent number of states, of the amendment proposed during the last session of congress, to the first section of the second article of the constitution of the United States, so mo- delling the mode of voting for president and vice-president as ef- fectually to prevent a repetition of the unpleasant scene exhibited at the last election of those officers. During the recess certain concurrent resolutions of two houses of the legislature of the commonwealth of Massachusetts, having for their object an alteration of the third clause of the second sec- tion of the first article of the constitution of the United States, have been transmitted to me by the executive of that state. A proposition from such high authority merits the most respectful consideration, and (should the clause alluded to, be found, on ex- amination, incorrect in principle or inconvenient in practice) mil;, 11 82 governors' speeches. I trust, receive, gentlemen, your cordial support, provided no in^ surmountable barrier presents itself. How Jar this is the case at present, and will so continue till the year 1808, you will be ena- bled to determine by examining this clause in connection with the tburth of the ninth section of the same article, and the tilth article. The resolutions will be laid before 3'ou. The mission of General Armstrong, to the court of France has occasioned a vacancy in our representation in the Senate of the United States. Congress is now in session, and as there is reason to believe that interesting discussions will early take place in the national councils, I presume, gentlemen, you will consider the filling such vacancy as meriting a place among the tirst objects of your attention. A circumstance much to be regretted has taken place since the last adjournment. Some convicts in the State-Prison set tire to the building, and though the utmost exertions were employed to ex- tinguish the flames, they were not successful until one of its wings was nearly consumed. On a consultation of the inspectors with the judges of the supreme court," and the mayor and recorder of the city of New-York, it was an unanimous opinion that the public interest demanded the immediate repair of the damage sustained ; and as there was no fund from which the sums necessary to de- fray the expense could be drawn, it was recommended to the inspectors to raise them on their individual credit : this they have done, and the building has been repaired in the most economical and effectual manner, and rendered much securer against future similar disasters than it was in its original state. In addition to the repairs, they have found it necessary to erect, at a small expense, an additional workshop. The amount of disburse- ments for these objects is fourteen thousand f 'ur hundred and forty-two dollars fifty-one cents, for the reimbursement of which they now apply to the justice of the legislature. They further state, that the institution is embarrassed by debts contracted by their predecessors in office amounting to ^8,600 and 30 cents. Of this sum ^4,000 has been paid from their private purses, which they request may be refunded to them, and provision made for the discharge of the balance. An institution so honorable to the jus- tice and humanity of the government, will, it is confidently hoped, continue to enjoy the patronage of the legislature. A bill drawn at the instance of the inspectors proposing addi- tional penalties for the greater security of the prison, and of its internal government, will be piesented to the legislature. The infliction of capital punishment in certain cases will be found among its provisions. How far such an alteration in the criminal coiie may be deemed a departure from the principles on which the institution is founded, and how far it would be consonant to justice and legal policy, will require, gentlemen, your serious anddeliberate consideration. If it be an element of the political theory on which goveroment 13 erected, that it is vested with no rights but such m MORGAN LEWIS. 83 are derivecl from the inriivifluals comy)osing the community, and it be admitted that individual?: have not the right to dispose of their own lives, it may he reasonably doubted whether the government can justify the infliction of capital punishment in any case not sanctioned by the Divine Mandate. Its policy also may be doubt- ed. The principal object of punishment is the prevention of crime. To him who is deprived of liberty for life, death can have but few terrors, and the efforts of despair are sehlom en- feebled by the apprelicnsion of consequences. While on this subject, gentlemen, permit me to suggest to you the propriety of a revision of your system of criminal jurisprudence : certainly great improvements have been made in it : it is, however, still far from being perfect, and is susceptible of further amendment. It is of the essence of every good system that there be a due appor- tionment of punishment to crime, estimating the latter by its de- gree of moral turpitude, and its consequences to society. Com- mencing with the lower order of felonies, we shall find an unwar- rantable difference in the degrees of punishment annexed to grand and petit larcenies, and yet a cent more or loss constitutes the es- sential diflerence between these offences. This is not the only objection. The administration of justice being committed to more than thirty judicatories, offences of the same grade are puni-hed more or less severely according to the dilTereiit ideas of differrnt magistrates : arising from the loo great latitude of discretion vested in the courts of justice. If the calendars of convictions and judg- ments are examined, the same offences, probabij' accompanied '.vith the same circumstances of atrocity, will be found punished by confinement at hard labor in the state-prison for periods, vmy- ing from one to ten years ; they may vary from one to fourteen years. While so vast a disproportion exists between the punish- ments annexed to these different species of larceny, where in the degrees of criminality not a shade of fiifTerence is to be perceived, simple and compound larcenies are subjected to the same punish- ment, though the latter generallj' evince greater depravity, and ever produce greater injury to society than the former Thus no distinction is made between forcibly entering a dwelling and com- mitting a larceny therein, where not done burglariously, and felo- niously taking the property of another when exposed in the high- way. Ascending from the lowest to one of the highest species of felo- ny, a similar defect presents itself In the crime of murder, there are various degrees of turpitude, but no discrimination of punishment. A deliberate and premeditated killing, with express malice, is certainly more criminal in the eye of religion and mo. rality, than where the malice arises by legal implication alone. 8a murder committed in the perpetration, or an attempt to perpetrate, any of the higher offences is certainly more ciminal than where it is the consequence of an intended trespass, or a mere want of due caution. These distinctions, I am persuaded, accord with public 84 governors' speeches. sentiment, as must be evident to all those who have nitncssetl the embarrassment of jurors, when directed that the law imposes upon them to tind one guilty of murder, whom they verily be- lieve never intended to commit it. This is placing them in a deli- cate situation, and offering violence to tender consciences. The crimes of forgery and counterfeiting are also susceptible of a classification of their various species. A detailed plan of such an improvement would far exceed the proper limits of this address. I shall therefore reserve it for a future occasion. In the event of an interruption of tiie harmony which has subsis- ted between the United States, and the maritime powers of En- rope, we cannot but look with anxiety towards the defenceless state of our principal sea port. To afford it comi)lete protection against an invading force, would require an expense beyond the ordinary resources of the state, and is an object emphatically ap- pertaining to the general government. As far as it may be effect- ed by militia arrangements, it is certainly our duty to attempt it. I shall for this purpose, in the course of the session, submit to jour consideration a plan for organizing n brigade of artillerists, and corps ot Engineers, to be provided v/ith a competent park of liea- vy field artillery, howitz, mortars, and the necessary apparatus for the use of hot shot, which may afford protection against single ships, and even small squadrons. An estimate of the expense will also be submitted, I cannot conclude, gentlemen, without calling your attention tO' a subject which my worthy and highly respected predecessor in office, had much at heart, and frequently I believe presented to your view, the encouragement of Literature. In a government resting on public opinion, and deriving its chief support from the affections of a people, religion and morality cannot be too sedulous- ly inculcated. To them science is an handmaid ; ignorance the worst of enemies. Literary information should then be placed with- in the reach of every description of citizens, and poverty should not be permitted to obstruct the path to the fane of knowledge. Common schools under the guidance of respectable teachers should be established in every village, and the indigent be educa- tefl it the public expense. The higher seminaries also should re- cieve every patronage and support within the means of enlightened legislators. Learning would thus flourish, and vice be more ef- fectually restrained than by volumes of penal statutes. With grateful acknowledgements to a beneficient Cod for the large portion of national prosperity he continues to bless us with, permit me, gentlemen, to assure you of my ready co-operation in irery exertion you shall make to add to the mass of general hap- piness. MORGAN LEWIS Many, Nov. 6, 1804. MORGAN LE'VIS. 85 The izfo houses of the Legidahtre nf thif: State met m Tuesday the txvcntTj-etghth nf January, at the City Tlall of the city of Albany, Zi-hen his Excellency the Governor delivered the follorcing SPEECH : Gcr^Ti.EMEN OF THE Sekate and Assembly, SiN^cR last I lia