operatives were engaged in the unsightly process of

reconstruction.

"I wished to see them in this condition for then I could have a better idea of the manner of putting them up, and a practical occular demonstration of the principles upon which they worked.

"I saw many in this denuded condition, and always sought, in consulting with the manager, information in regard to his notion of evaporating the brine. In the character of the persons enaged in this business here, I confess I have been disappointed. For the most part they have little science, and are content to follow the marked and beaten track of by gone years. Their structures are, as you informed me, rough and temporary, put up for present use on the most economical scale. From all I see around me it is but too apparent that the salt manufacturers have not prospered, and that the competition, as it is managed, is too great to make it a lucrative investment of capital. The system of hypothecating the salt manufactured by those of small means must always keep down the prices and work to the injury of those who have capital and wish to follow up their business in a regular manner. Mr. Nolton, of the Hope Factory, tells me that with all his advantages he is obliged to economise very closely to realize any thing from his operations. Here at Syracuse, that factory is acknowledged the best, and is rather looked up to, as the model. It is evidently the best arranged in every way, but I think there are defects in it which might be easily remedied and which would add materially to the saving of labor and to the more rapid evaporation of the brine. The wood used is even coarser, larger than that we use in Virginia, and much heat is lost by the manner of laying down the kettles. I have thought of several minor improvements in the construction of the blocks which I will submit you when we meet.

"The pans used here for collecting the Bittern, and other sediment, are eminently defective inefficient. In the first place they do not fit the bottom sufficiently close, and they are so small that I presume not more than one half of that which is actually precipitated, is received in them. Still the salt is very white and makes a good show, and in the western market would sell well. A better article however can be made of our Brine, I am confident, and at as little cost. And this suggests to me a fact in the calculation of the expense of making salt that has generally been overlooked in the estimate as given at different places. We at Saltville, pump the water-cut and draw in the wood -make the barrels-build the boats and ship it to market ourselves. All these go, in some measure if not entirely, in our estimates of the price of manufacture. Here nothing is taken into the account but that which is necessary to the simple evaporation of the brine. But more of this anon.

"As the works were not in operation last week, after looking through them for two days, I resolved to proceed at once to Niagara, and spend more of my time here on my return. I left here accordingly on Thursday morning, and got back yesterday, Sunday, at 6 A. M. I was at the Falls from 10 A. M. Fritill 24 P. M. Saturday. To say how much I was delighted is entirely impossible. Language but faintly conveys the impressions made upon the mind by such grand works of nature. We stand "and and gaze gaze till the heart reels with its fullness," and the mind is bound by a sense of the greatness and power of God.

"These two days I look upon as an epoch in my life. The only drawback to my pleasure was that I was alone-not even cheered by the papers giving an account of your visit. By some unexplained delay, they did not reach me till last Friday or Saturday, and I of course did not receive them till yesterday, (Sunday) morning. I have spent to-day amid the vapor of the salt kettles at the Hope Factory mostly.

"I visit now (6 o'clock P. M.) Mr. Getteau's old works. I call them old, for they are abandoned. I will give you my impression of them in my next. I have made Mr. Conkey's acquaintance, and find him like every one else here, kind and attentive.

"Do you not think PROF. MAPES, mistaken in his theory of the section pump? I have been thinking of it since we parted, and I confess do not fully concur with him.

"The pressure of the atmosphere will only raise water 32 feet-and no system of stationaries or underfoot valves I have ever seen bring it up higher-suppose for instance the first stationary is 26 feet below

the surface of the water where a vacuum has been formed. The piston strikes against the vacuum is not made more complete, and I see no force sufficient to force the water on. 'Tis not true, you then pump from a cistern 20 feet higher than the water's ordinary surface. I would be glad you would look at this a little before we meet. I hope to be in New-York by Saturday night.

"I may drop you another line before leaving here. In the meanwhile however be assured of my kindest and most grateful regards and believe me, "Most respectfully,

E. Meriam, Esq.

"Your ob't. sorv't,

THO. L. PRESTON."

"Saltville, Va., March 18, 1846. "Dear Sir-I have an opportunity now of addressing you a letter by the hand of Thos. L. Preston, Esq., who will pass through New-York on his way to Syracuse, which place he intends to visit for the pupose of making a personal examination of the various improvements in the manufacture of salt. He will deliver you samples of the salt which I have manufactured since my arrival. The finest grained specimen was made in a front kettle by rapid evaporation, and the coarser specimen in the back kettles by slow evaporation, while the furnace was cooled down.

"You will perceive by these specimens, that the Saltville brine has a stronger capacity to assume the cubic form of crystals than that of Syracuse. This I attribute to the absence in the Saltville brine of a certain impurity which is contained in that of Syracuse.

"I wrote to you soon after my arrival here, and I gave it as my opinion that the Saltville brine contained as much oxide of iron and sulphate of lime as the Syracuse water; but after more careful examination, I am satisfied that it contains far less impurities. It works more kindly than any brine that I have been acquainted with, and with proper apparatus as pure and beautiful salt may be made from it as the world produces.

I have made such improvements as the nature of the circumstances, and the limited time I have been here has admitted, and the people think that the improvement is very great, but I have hardly begun to do in the way of improvement what can be done, and what I intend to do.

"Mr. Preston will collect for you, before he starts, some specimens of the various rocks of this neighborhood, which he will present to you on his arrival at your place. He is the brother of Senator Wm. C. Preston of South Carolina, and is the manager of the large Preston estate at this place. He is a highly intelligent gentleman, and you will be much gratified by a call from him.

"You would be delighted with a ramble among our mountains in search of mineral treasures in aid of the cause of science. The country presents a charmingly romantic prospect. The mountains in this vicinity do not present a continuous unbroken chain, but are in the form of a succession of pyramids, rising from two to five hundred feet high, with narrow passes between them, in many places only of sufficient width for a wagon track. I hope that you will visit us in the course of the summer.

"I am keeping a table of the temperature of the atmosphere which I will furnish you hereafter. This morning at eight the thermometer stood at 42°, and now. at 2 o'clock P. M. it is at 65°.

Please write to me often if you have leisure. I thank you for the papers sent me since my arrival, which were duly received. It is like meeting with an old friend to see a paper from New-York. "Respectfully yours,

E. Meriam, Esq."

THOS. SPENCER.

upon you, as you had been a correspondent of his brother, Senator Wm. C. Preston, and that he should provide himself with the various specimens of rock and minerals of this neighborhood. Knowing that it will afford you very great pleasure to see him and receive the minerals, I take this early opportunity of answering your letter received yesterday, and of apprizing you of his intention to visit you, supposing that you may receive this before his arrival, as he has numerous friends to call upon on the road, and may he detained several days in his journey.

"The Barytes is found "in place," six miles from here. I have not yet seen it, excepting a small fragment that Dr. McCall gave me, which he happened to have on hand. I put it up with a small package of specimens and sent it to my family by Mr. Preston. If he does not happen to have a specimen of Barytes for you, please to request him to open my package and give you the specimen it contains. I beg that you will not fail of doing this, as it will in your hands be more beneficial to the cause of science, and I can supply my family at another time. I sent you by Mr. Preston, samples of salt which I have manufactured since my arrival. It is better than that which has generally been made here, but I have not yet had opportunity of introducing those radical improvements which are needed to make salt with economy, and to produce that unsurpassed quality which the Saltville brine can furnish.

"In relation to the snow storm, concerning which you enquire, the first severe storm occurred on the 14th of February, while we were on board the Packet Boat ascending the James River Canal, and approaching Lynchburg. The previous day was delightful. This latter place is 142 miles west of Richmond and here the Canal terminates. It is a broken, mountainous country, and the gneis, which is the prevailing rock has been at a former period very much disturbed and the strata so distorted that it is difficult to discover any thing like a general inclination or "dip," Much of it is in a vertical position, and in some places it seems to have been turned upside down. Lynchburg is 180 miles from Saltville. We performed this part of the route by stage, and a rougher stage ride I never had. We arrived at Wytheville, in Wythe County, on the evening of the 17th of February, two days after taking stage at Lynchburgh, distance 150 miles. It was at this place that we encountered the severest snow storm, and were detained at Wytheville in consequence four days. It snowed most of the time while we remained there, with a strong wind, I think blowing from the East.

"Saltville is 28 miles from the Tennessee line and 30 miles from North Carolina. It is 90 miles from Kentucky at the gap in the Cumberland mountains. The Clynch mountain is in view about six miles distant North Westerly and is at that point 2760 feet high, the top of it capped with white sandstone, resting upon red sandstone both of which are distinctly visible at this place. By water navigation down the Holston and Tennessee Rivers, it is 150 miles to Knoxville, Tenn., and 600 miles to Huntsville, Alabama. The north fork of the Holston at this place is little more than a mountain rill, excepting in time of a freshet, when it swells to a river about 200 feet wide, and six feet deep with a strong current, at which time boats take 200 barrels of salt, and proceed down stream, but the navigation is difficult and dangerous for the first thirty

miles.

Freight from this place to Lynchburg is about one dollar per hundred, and about 50 cents from thence to Richmond.

"The chimneys of the salt furnaces here are entirely too low to manufacture salt with economy. I can stand beside some of them on the ground, and look down them. The heat is chiefly spent upon the front kettles to the destruction of the metal, and by this process much unburnt carburetted hydrogen is distilled from the fuel, and passes off into the atmosphere without benefit.

"There are some small iron works five or six miles distant, and there are works of considerable extent thirty and fifty miles distant. I furnish you with the temperature of the atmosphere and observations of the weather during this month so far, which are made by Mr. WM. KING, the clerk of King & McCall.

"Please advise me as to the amount of mineral speci

18..42 gone 57 do.

19..50: 68..56 Dense smoky atmosphere.
20..52..56..54 do. do. with light sprink-
21..38..52.... Clear.
[ling rain.

Saltville, Washington Co., Va. May 3, 1846. Dear Sir.

Your highly esteemed letters of April 6th, 10th, and 12th, were duly received. I thank you heartily for the valuable hints they contain on various topics.

Your suggestion that fire brick may be made by grinding our fire rock to a powder, and remoulding it. I think an important one. At your suggestion the experiment is now being tried, at Mr. Preston's brick yard. The rock was ground at Mr. Preston's gristmill. The brick-maker says that it works beautifully in the moulds. I will let you know the result when they are burned.

transparent water, of capacious volume, gushing from the mountain side, and what is a sublime prospect, a day seldom passes that we may not see the clouds stoop and kiss the mountain's top.

I will select for the various specimens of minerals as I have opportunity, and forward them when I have completed the selection. I have recently learned that there is an extensive cave 6 or 8 miles from here, which has never been fully explored. I intend to visit it before long, and will furnish you with a description. Please write me as often as you can find it convenient. Respectfully yours, THOS. SPENCER.

You say that you are inclined to think that the Saltville brine is slow of evaporation, and wish my opinion upon the subject. I have examined this matter as carefully as possible, and it seems to me that it evaporated more rapidly than the Syracuse brine. In our 38 kettle furnace the back kettles "come down," full three times in 24 hours. In a furnace of the same size at Syracuse, the back kettles do not "come down oftener than twice during the same time, and we draw quite as much salt from each kettle each time, as they do at Syracuse; that is one and a half or two bushels of salt each time the kettle "comes down" or boils down sufficiently low to withdraw the salt. The difference in quantity being 50 per cent. in favor of Saltville, which is a greater difference than there is in the strength of the brine. Syracuse being 75°, and Saltville brine at 90°. In a chemical point of view there are also strong reasons why the Syracuse brine should be the slowest of evaporation, as it contains more muriate of lime, which is exceedingly difficult to evaporate.

The buildings and machinery for pumping, attached to Mr. Preston's Salt Well, were destroyed by fire last night. The fire commenced in a blacksmith's shop, which was in the same building. The buildings and machinery at Kings' well (which is near by) were not injured.

I have procured some beautiful specimens of Barytes for you. I found it "in place about seven miles from here, in the side of a mountain, imbedded in a yellowish hard flinty rock, which rests upon an amorphous lime stone. In one of your letters you suggested that I should be likely to find Strontian in the same locality. Will you please describe its appearance, and inform me how I may distinguish it from Barytes? I believe there is a strong resemblance between them.

I have requested Mr. King to furnish me, for your use, his meterological table up to the first of the month, which I will enclose herewith. We can furnish you with a more complete table after the arrival of the Rain-gauge which you have procured for Mr. Milner,

The season is now delightful, and our mountain scenery is beautifully picturesque. I took a ride of a dozen miles on horseback a few days since, among the mountains, and the forests presented the aspect of a magnificient flower garden, many of the trees being covered with fragrant flowers which are in full bloom at this season of the year. To add to the beauty of the scenery, we frequently meet with springs of cool

30.58.76.-cloudy, rain, wind variable, thunder storm Hereafter observations will be made four times per diem. W. K., Jr. [NOTE.-The latitude is between 36 and 37° north, longitude between 82 and 83° west. Elevation above tide-water not ascertained.-Ed.]

29.51.52.60.52..Showery 3 p.m. rain 0,45-100. 30.51.62.72.60..Showery 6 a.m. and 9 p.m. 030-100. East wind at sunrise on the morning of the 26th and 30th.

South east wind at sunrise on the morning of the 23d and 29th.

South wind at sunrise on the morning of the 2d, 3d, 5th, 7th, 11th, 16, 17, 18, 20th and 28th.

South west wind at Sunrise on the mornings of the 4th, 9th, 10th, 13th, 14th, 21st, 24th and 27th.

West wind at sunrise on the mornings of 1st, 6th, 8th, 15th and 19th.

North west wind at sunrise on the mornings of 12th 22d, and 25th.

At 9 o'clock in the morning the wind was from the east on the 4th, 26th, 29th and 30th, from the south on the 2d, 3d, 5th, 7th, 11th, 16th, 17th, 18th, 21st, 28th; south west, 10, 13, 14, 20 and 24; west, 1, 6, 8, 9, 19, and 27; north west 12, 15, 22 and 25; north 23.

At 3 o'clock P. M., the wind was east, 4, 18, 23, and 30; south east 29; south, 5, 7, 10, 16, and 21; south west 11, 14 and 20; west, 12, 17, 19 and 22; north west 1, 2, 3, 9, 18, 15, 25, 26 and 27; north east, 6, 23 and 24.

At 9 o'clock in the evening the wind was south east 4, 28, and 29th; south 2, 5, 6, 7, 10, 16, 17, and 30; south west 3, 11, 14, 15, and 20; west on the 8, 12, 18, 19, 21, 22 and 23; north west 1, 9, 13, 23, 25, 26 and 27; north east on the 24th.

Clear weather at sunrise on the 1, 2, 3, 4, 5, 10, 14, 16, 18, 19, 21, 27 and 28; at 9 A. M;, 1, 2, 3, 4, 16, 17, 19, 21 and 27; at 3 P. M., on the 1, 2, 3, 4, 9, 17 and 27, and at 9 P. M. on 1, 2, 3, 3, 4, 5, 6, 8, 9, 10, 15, 17, 19, 20, 22, 23, and 27.

The Dew point on the 1st at sunrise was 24; on 7, 36; 11, 54; 13, 25; 15, 28: 18, 46; 20, 28; 21, 36; 23, 47; 24, 46; 29, 36; 30, 46.

The Barometer was at 30,00 on 1, 2, 3, 4, 5, 6 and 9, and the 2, 4, and 5, 30,02, and on the 3d and 6th, 32,06, on the 11th 29,14.

Rain during the month, 2 iuches.

BIRDS.

In the April number of the Gazette we said, the little bird which we denominate the Adirondack Solitary we had never seen or heard elsewhere than along the borders of the wilderness which skirt these majestic heights.

Early in the morning of the 17th, of the same month, we were surprised by the plaintive notes of the Adirondack Solitary on the top of a cherry tree, standing within twenty feet of the window at which we had penned the account of that little bird-the lower sash of the window was up at the time. We were a little surprised at the sound, and began to doubt whether imagination had not suggested the notes to the organs of hearing-while recovering from the surprise, the notes were repeated-we arose from our seat, and beheld at the top of the tree a little gray bird, which immediately flew away. The next day we visited Greenwood Cemetry, and spent a considerable time in viewing those consecrated grounds, in company with Henry Parish, Esq., who had selected some lots in that City of the Dead, for the construction of a Tomb. There we saw numerous birds. The next morning, at a little past 4 o'clock, we took a morning walk upon Brooklyn Heights, and during the whole of this walk we heard the plaintive notes of the Adriondack Solitary upon the tops of the highest trees, which it sounded at intervals. Since then we have met with Mr. Perry, of Brooklyn, who visits the Greenwood Cemetry daily, and he informs us that he heard the notes of this bird, which we described in the last number of the Gazette, a copy of which we sent him, in the Greenwood Cemetry Groves, during one of his visits to those grounds in the month of April.

EDITED BY E. MERIAM.]

CONVENTION OF THE PEOPLE OF THE STATE

OF NEW-YORK.

The members elected by the citizens of the State of New-York, to form a new Constitution, to be submitted to them at the Nov. election of 1846, for their approval, assembled at the State House in the city of Albany, June 1, 1846, We copy the proceedings of that day from the Albany Argus, as follows:

CONSTITUTIONAL CONVENTION.

This body assembled on Monday in the Assembly chamber.

At 12 o'clock, M. the Convention was called to order, and the delegates sworn in, by the Hon. N. S. Benton, Secretary of State.

On motion of Mr. Hoffman, the Hon. Charles H. Ruggles, of Dutchess, was appointed temporary President of the Convention.

The Convention then proceeded to ballot for a President, with the following result:

John Tracy.

69 John Miller.....

Alvah Worden..

Ambrose L. Jordan....5

Elijah Rhoades..

.6

Chas. P. Kirkland......5 Blank

John Tracy, of Chenango, was declared duly elected; and on taking the chair, returned his acknowledgments.

The following additional officers were chozen, viz. Jas. F. Starbuck, of Jefferson, and Henry W. Strong, of Rensselaer, Secretaries: Hiram Allen, of Columbia, Sargeant-at-Arms; and H. R. Hewlett, doorLeper.

On motion of Mr. Ward, a committee on rules vas appointed.

The hour of 11 A. M. was fixed for the meeting of the Convention.

The Whig Delegates, deeming it inexpedient to act politically in the organization of the Convention, presented no candidates for the offices of President, Secretaries, &c.

Only three Delegates were absent, viz. Mr. Nelson, of Otsego, Mr. Young, of Wyoming, and Mr. Porter, of Saratoga. Mr. Porter is detained in Court, as Counsel in a trial for murder now progressing. NEW-YORK STATE CONVENTION.

KINGS..

.Isaac Burr, David S. Waterbury. Peter K. Dubois, Charles H. Ruggles, James Tallmadge. .. Horatio J. Stow, Absalom Bull, Aaron Salisbury, Amos Wright.

George A. Simmons. ...Joseph R. Flanders. ..John L. Hutchinson.

Moses Taggart,
Samuel Richmond.
Robert Dorlon,
James Powers.
Michael Hoffman,
Arphaxed Loomis.

..Alpheus S. Greene,
Elihu M. McNeil,
Azel W. Danforth.

Henry C. Murphy,
Tunis G. Bergen,
Conrad Swackhamer.

. Russell Parish.

..Allen Ayrault,
Wm. H. Spencer.

.Federal Dana,
Benjamin F. Bruce.

MONTGOMERY......John Nellis,

Charles O'Conor,
Benjamin F. Cornell,
Henry Nicoll,
Solomon Townsend,
Stephen Allen,
John H. Hunt,

Samuel J. Tilden,
Campbell P. White,
John A. Kennedy,
William S. Conely,
Lorenzo B. Shepard,
Robert H. Morris,
George S, Mann,
Alexander F. Vache,
D. R. F. Jones.
..Hiram Gardner,
John W. McNitt.
Charles P. Kirkland,
Julius Candee,
Edward Huntington.
Hervey Brayton.
Elijah Rhoades,
Cyrus H. Kingsley,
David Munro,
William Taylor.
Alvah Worden,
Robert C. Nicholas.

ORANGE.........John W. Brown,

COUNCIL OF THE CONSTITUTION.

The creation (by the Constitution) of a distinct and independent body to guard its provisions from violation by the active departments of the government exercising power under it, seems, from experience, to be found necessary to its preservation.

In the Constitution of Vermont, Sec. 43 of Chap. 2. provision is made for a Council of Censors to be. elected every seven years, whose duty it is made to examine into every violation of the Constitution by the Executive, Legislative or Judiciary departments of the Government.

This Council is called a Council of Censors and is composed of 13 members elected by the people.

The Judiciary is in a measure subordinate to the Legislature, and not therefore independent of that body.

Under the former Constitution of this State an act passed by both branches of the legislature at the close of the session (in the haste of the members to adjourn and return home) could be retained by the executive until after the termination of the session,-and if disapproved by him could be returned to the next legislature, on the first day of its session, with

his objection in writing thereto, for their consideration. This was a good provision and well calculated to guard against arbitrary, as well as hasty legislation.

It is the practice of the Legislature to hurry through important bills at the the close of the Legislative term and in such numbers that it is impossible for the executive who is called upon to approve the act to even read it with care. Such haste is prejudicial to the public interest, and should be guarded against by an adequate provision to be inserted in the fundamental code.

It is not the proper business of the Judiciary to examine into the provisions of the statutes and ascertain if they are in accordance with the requirements of the fundamental law, unless a question arising under a particular law makes such examination necessary in the particular case.

A council of censors composed of five or more individuals elected once in five or seven years and required to assemble at the close of each legislative session to examine the acts of the legislature deliberately, with power to suspend the operation of an unconstitutional act until 30 days after the meeting of the next Legislature would be found a salutary restraint upon arbitrary as well as a curative of hasty legisla

tion.

The Judiciary department of the Government are required to obey the Constitution, but who is to examine their acts and determine in what manner the Judges have performed the duties appertaining to their respective offices. The Constitution of 1777, and also that of 1821, made provision for keeping the high judicial officers distinct from, and independent of, the other departments of the Government and withheld from them the exercise of patronage by withholding the power of making appointments to office except in specified cases such as clerks of their own courtprovision was also made that neither the Chanceller, Justices of the Supreme Court or Circuit Judges shall hold any other office or trust. This language would seem to be sufficiently clear and explicit to admit of but one construction and yet notwithstanding, the legislature imposes upon the Chancellor and Judges numerous duties other than those of a judicial character, and these duties are performed by the judges notwithstanding the inhibition contained in the constitution. Here then is the executive, the legislative and the judiciary department of the government all uniting in a violation of the fundamental law, and there is no organised body to take cognizance of the infraction.

If the judges are called upon to decide, they will not be willing to declare an act void when such declaration might, perhaps, make them individually liable for damages--nor should it be required that they should set in judgment in a case in which they are the principal parties.

A Board of Censors whose duty it should be made to take cognizance of such cases would be able to act in each case with independence, with promptitude, and would remedy mischiefs by removing the means of doing it. We will notice this subject again.

DEEP EXCAVATIONS.

Undermining the foundations of Dwellings.-The practise of sinking deep cellars has recently, in cities, become extensive, and in many cases the foundation of buildings erected upon the adjoining lots have been undermined. The particular rights of the parties in such cases is a matter of great nicety to determine, and the question is one of that very great importance that it seems necessary that it should be examined and considered, and some legislative provision be made in the premises.

THE STATE SALINES.

The State Convention will necessarily have to pass upon that provision of the Constitution which relates to the State Salines at Onondago. We have placed in this Volume an abundance of statistics in reference to this subject, and probably more information is embraced in this volume upon that subject than is elsewhere to be found in any single volume. The good quality of the salt is the desideratum, and if the government of the State exercise ownership over these salines, then the plan should be to devise some means of divesting the Onondago Brine of the muriate of lime and magnesia, which prove so detrimental to the quality of the salt.

ELECTING JUDGES.

The appointment of Judicial officers to hold office during good behavior, has been in use in Massachusetts since the organization of that State Government. The United States Judiciary hold their offices for the same term. We have heard of no well grounded complaint, against the Courts of Massachusetts, or of the United States. The decisions of these courts respectively have commanded respect every where.

If Judges are elected to office they will become strong partizans and therefore unfit for the exercise of the duties of the high office.

The duties of the Judge require talents of no ordinary character, and surely the people would be better served by confiding the nomination of an individual to the high office, to a man whom they deemed qualified to be the Governor of the State, than to a political clique.

If Judges are elected for short terms they will be manouvering for a re-election, and will lean in their Judicial decisions to the members of the strongest party especially if such members or individuals are active partisans. If they are limited to one term they will lend their influence to the succession of a favorite, and thus make the office subordinate to a bad purpose.

The Constitution of Massachusetts contains this provision:

"XXIX. It is essential to the preservation of the rights of every individual, his life, liberty, property and character, that there be an impartial interpretation of the laws, and administration of justice. It is the right of every citizen to be tried by judges as free, impartial and independent, as the lot of humanity will admit. It is therefore not only the best policy, but for the security of the rights of the people, and of every citizen, that the judges of the supreme judicial court should hold their offices as long as they behave themselves well; and that they should have honorable salaries ascertained and by standing laws."

EXECUTIVE, LEGISLATIVE, AND JUDICIARY

POWERS.

There is an absolute necessity of declaring in the New Constitution, what powers are executive, what are legislative, and what are judiciary, and a necessity also exists of confiding the exercise of each and every office to different and distinct individuals. No one individual should hold two offices, nor should any individual be made by virtue of any one office an ex officio incumbent of another office.

The Constitution of Massachusetts, Art. 2, of Chapter 6, contains some good provisions in this, which are well worth the attention of the members of our State Convention. These provisions are so plainly drawn that there is no room for misconstruction. Distinct, plain, explicit, and such ought to be the language of every fundamental or organic law.

The Constitution of Massachusetts occupies seven pages of this volume, while the present Constitution of our State occupies but little over three pages.

PUBLIC FERRIES.

The greater or lesser length of a Ferry does not change or alter its peculiar character. A Ferry to Albany from the City of New-York is the same as a Ferry to Staten Island from the latter city, and the Corporation of the City of New-York have no more right of property in the one than in the other, and none in either. The Ferries across the East River to Brooklyn and Williamsburg, and across the North or Hudson River to Jersey City and Hoboken, are of the same class. Ferries should be regulated by law in the same manner that steamboats are regulated for the safety of passengers-nothing more. The Corporation of New-York consider some of the Ferries across the North and East Rivers, franchises-as property; there is no such right of property-such a claim is against the public interest, and destructive of public good.

FOREIGN SALT.

As the State Convention will necessarily have to pass upon the Onondago Salt duty, we have deemed it well to place before them some information in relation to Foreign Salt.

In a Report of the Secretary of State published by

Congress in 1845, are copies of numerous letters received by the State Department from American Consuls abroad, from which we make the following ex

tracts.

Extract from a letter dated Island of Curacoa, Nov. 1843, by W. H. Freeman, U. S. Consul, to the Secretary of State:

"The salt of Curacao and its dependencies is acknowledged on all hands to be superior to all other. It is heavier by about 20 per cent., and the same being obliged to pay duty by weight, and being sold by measure enables other Salt Ponds in the West Indies to supply the United States with an inferior article, and thus exclude that made here, and while salt in all other parts of the West Indies is paid for in cash by the vessels taking the same (here it has generally been shipped on account of the planters, so termed), and merchants engaged in trade with us, and in all cases the returns are made in the products of the United States, which, besides, gives a farther employment to our marine, and a commission to our merchants, would be sure to lead to an increase of trade from year to year. There is now enough on hand to employ 10.000 tons of shipping to take the same away; and the inability of finding a market for the same, under our present tariff," has led to numerous applications here to me, to notify the same to the Government in the hopes of a remedy. Salt 26 to 36 cts. per bbl. A barrel contains 4 Curacoa bushels, equal to 3 bushels United States measure.'

REMARKS.

The Curacoa Salt is known in Trade as the Rock Salt, and weighs from 80 to 90lb. the measured bushel.

Extract from a letter from Alexander Burton, Consul at Cadiz, Spain, dated Cadiz, Sept. 1843, to the Secretary of State.

"Salt can be sold only at wholesale by individuals, and solely for exportation to foreign countries. The average price of this years export is 4 3-5 cents per bushel. The retail of Salt throughout the Spanish dominions is a monopoly of the Government, and it is at present farmed out. The fixed price of sale for this article of consumption in Spain, differs according to the distance from the sea. In Andelusia it is equal

to $2.75 per 100 weight. Salt is sold for cash. American vessels coming to Cadiz in ballast to load this article, generally bring specie." REMARKS.

Cadiz Salt is not so coarse as Turk's Island.

Extract from the Report of George Gibbs, acting Consul at Turk's Island, dated Turk's Island Aug. 31, 1843, to the Secretary of State.

"Salt is the only produce of this Island. Wholesale price 8 cents per bushel. Export duty 1 cent per bushel to the United States."

Extract from the Report of the U. S. Consultate of Marseilles to the Secretary of State, dated March 3, 1843.

"Salt 2.40 to 3.20 per ton of 2240lb. Salt is generally taken as ballast by masters of vessels. Retail price 6 cts. per lb. Interual taxes $6 on 224 lbs. No export duty.

REMARKS.

In the Report of the Consul at Canton, China, there is nothing said about salt. The Chinese Government raise a large internal revenue from salt.

The Report of the Secretary of State does not contain any report from the Consul at Liverpool and therefore we have no official information on that head from that locality.

The State of New-York, in the Onondago Salines, have a public property which is inalienable. That it should be used for the best interests of the people, is unquestionable, but the gift of nature should not be abused. No more saltj should be prepared at these

salines than can be made of good quality. Measures should be taken to divest the brine of the muriate of lime and magnesia that it contains, which is injurious to its quality. This great difficulty should receive the attention from the Government which its importance demands. The improvement of the quality of the salt is as much a business of the Government as the raising a revenue from it.

The reduction of the duty will not help the quality of the salt.

It is now satisfactorily ascertained what the real difficulty is in reference to the Onondago Salt, viz: that it contains muriate of lime and magnesia, and while these are present it matters not how great the per cent of chloride of sodium is, so long as there is one per cent of the muriate of lime and muriate of magnesia combined with it.

MONTGOMERIE'S CHARTER. Extract from the Charter known as Montgomerie's Charter. See Kent's Notes Charter, page 32.

"And whereas, divers questions, doubts, opinions, ambiguities, controversies, and debates have arisen and been made as well upon and concerning the validity and force of the said recited grant or writing, dated in the year of our Lord, one thousand six hundred and eighty-six, and the before recited letters patent of Queen Anne, as upon all and every the other grants and confirmations of divers governors, lieutenant governors, and commanders in chief, made to our city of New-York, as aforesaid, by reason of the variety of names, stiles, titles, and incorporations aforesaid, and by reason that the before recited grant or instrument, dated in the year of our Lord one thousand six hundred and eighty-six, and the other grants and confirmations of divers governors, lieutenant governors, and commanders in chief, were made in the governors' own names respectively, when they should have been made in the respective names, stiles and titles of former kings and queens, our royal predecessors, under whom they were governors, lieutenant governors or commanders in chief respectively, and by reason, as some suggest and say, that the said city, or inhabitants or citizens thereof, never were well, regularly, or legally incorporated, and for want thereof, none of all the said grants, confirmations, instruments, or letters patent, hereinbefore mentioned, could take effect or operate; and for divers other defects in all, some or one of the aforesaid grants, confirmations and writings; and also upon the validity and force of the prescription aforesaid."

REMARKS-Thus Montgomerie's Charter itself recites that the Charter of Dongan and Cornbury were not valid in consequence of not being granted by the sovereign, and the charter containing this recital is under the same difficulty, and besides all of them are restrained by the act restraining the passage of illegal ordinances, approved by King William on the 11th of May, 1697, which remained in force until 1830. See ante. pg. 535.

Here is a claim set up by the Corporation, as follows:

CITY OF NEW-YORK,

Comptroller's Office,
January 25, A. D. 1841.

To the Mayor, Aldermen and Commonalty

of the City of New-York. The People of this City have, with regard to their local government reserved to themselves the right to and require from their representatives, a full account of the manner in which their municipal interests are conducted, that they may posses a true knowledge of their responsibilities and prospects. This information is essentially necessary in forming a correct opinion in reference to the general action of their municipal government. It is especially so in matters of such vital imporrance to the people as the administration of the city finances. Opportunity is thereby afforded them to decide upon the effect, that contemplated changes may have upon their pecuniary interests, as also, to ascertain what reforms, if any are necessary. With this view, the undersigned has endeavored to make the annexed report as succinct, and at the same time as comprehensive as the means of his office would

permit. It will be found to exhibit a complete account of the financial condition of the city government, and in compliance with the charter and laws is respectfully presented.

"The information it embraces may be considered the more interesting, at this time, because of the disposition recently manifested by the State Legislature to interfere with our municipial concerns, the management of which, so far as they are local, is secured to the people of this city by the strongest guarantees. The powers with which the people have invested their State Government are limited by the constitution of the state. The citizens of the several counties, and of this city and county in particular, have, in their local government, distinct and independent rights, as clearly to be understood as those exercised by the states independently of the general government. With respect to this city and county, these rights are either controlled by the charter, which is our county constitution, or undelegated and yet, remain with its citizens.

"The charter of this city is an express contract containing a convenant for the quiet enjoyment of the municipial powers it confers. It was made before the first shedding of blood in our revolutionary struggle, and under the decision of the Supreme Court of the United States, it is one that is protected by the Constitution of the United States from being impaired by any act of state legislation; all infractions of its provisions may be taken to that tribunal for final adjudication. Its charter, is a constitution of a body politic, erecting the City of New-York into "A FREE CITY OF ITSELF." Her independent sovereignty, in her local matters, is older than that of the state itself, and her representatives in the convention which formed the state constitution, showed they were sensible of its free position, when they procured an express reservation of her local rights, under her local constitution. That charter still stands as much a protection to her citizens from state encroachments, as it was before the revolution against the exactions of the British Crown. Should a continued disposition be manifested to impair its provisions, or to trench upon the undelegated rights of the people of this county, it will become their duty, as well as that of their county representatives, to test the strength of her municipial reservations, by an appeal to the supreme judiciary of the United

States."

I have the honor to acquaint your Lordships of my arrival to this place; the assembly is now a sitting, so soon as they are upp, I will not faile by the first ship that goes for England to send all the acts in order to be laid before you. I have just this moment received your Lordships' letter with a copy of Capt. Carrington's inclosed. I will immediately write to the Commissioners for the Indian affairs to consult with the Five Nations in order that they may interpose, and will do every thing that I can in that affair. I am, my Lords, with the greatest respect imaginable. Your Lordships' most obedient humble servant, W. COSBY.

Extract from a letter, written by GOVERNOR COSBY of the Province of New-York to the Government at Home, on the 29th of August 1733, in reference to the NEW-YORK CITY CHARTER, called Montgomerie's charter.

"No. 10 is an act confirming the charter of the city of New-York by Governour Montgomerie, MY LORDS, as to this act I would beg leave to observe that the Charter which was designed to be confirmed by this act having past away grants of a very extraordinary nature that I thought it necessary for me to acquaint your lordships with some of the inconveniences arising from it. By this charter are granted all the Islands near and round his majesties garrison here, the soil

of the East River, as far as low water mark and extending in length to the utmost limit of the Island whereby His Majesties prerogative and interest may be in danger of suffering, and his ships stationed here under the necessity of becoming petitioners to the Corporation for a convenient place to carreen, or refit, for this charter having granted the Corporation, all the Islands as well near and round as before the fort which lay commodious for the security and defence of it, in case of any eruptions, was as I conceive lodging too great a power in them, in case of any necessity, and by so much lessening of the King's prerogative. "I must own, my Lords, that I was merely surprised into an assent to this act, it having been exhibited so very early after my arrival (as your Lordships will perceive by the act itself) that I had not an opportunity of being acquainted with the nature and design of it, and from the general words of the title of it very little apprehended the nature of its extent.

"The act in general terms confirms the city all the grants to them at any time heretofore made without either referring to any one grant in particular, or mentioning what the grants were that were designed to be confirmed by this act, so that your Lordships on view of the act could not determine what rights, grants or particular privileges were to be confirmed by the act and for ought appears some (if not many) of these grants or charters may be (and as I believe are) prejudicial to His Majesties' interests.

"It were but lately my Lords that I came to any knowledge of the charter designed to be confirmed by this act, and that charter consisting of a vast number of skins of parchment, and the vessel by whom I now write being to sail in a day or two has rendered it improbable for me by this opportunity to have sent to your Lordships a copy of it, and without which your Lordships could not judge of the act, the act being worded in general terms, but shall send it by the next ship, and now hope that what I have offered will justify your Lordships to stop any proceedings at your board upon that act until I have this honor a second time to write further to your Lordship's concerning it.”

REMARKS.-The Colonial act referred to by Governor Cosby, is to be found on page 58 of this volume. It was never acted upon by the home Government at all. The provision in the Constitution of this state which follows, does not refer to such a charter as the one in question.

The Constitution of this State contains this provision :

"But nothing contained in this Constitution. shall affect any grants of land within this State, made by authority of the said King or his predecessors, or shall annul any charters to bodies politic or corporate by him or them made, before that day, or shall effect any such grants or charters since made by this State." Sec. 14, Art. 7.

The charters of the City of New-York were never granted by the said King or his predecessors, nor was this granted by his authority or sanctioned by him.

Members of Common Councils of the City in the management of its public concerns are in every respect like the Selectmen" of towns, or the Supervisors of counties-mere administrative officers, nothing more-they have strictly speaking no legislative power for the Constitution has vested that solely in the Senate and Assembly, and these bodies cannot delegate this power.

REMARKS.-The act of the Colonial Assembly passed Oct14, 1832, referred to by Governor Cosby in his letter, set forth above, was repealed in 1830, by the general repealing act, which repealed all colonial laws then in force. See Revised Statutes, vol. 3.

Therefore Montgomerie's eharter is no better than a blank piece of paper.

PETITIONS AND REMONSTRANCES. MAYOR HAVEMEYER, in his Veto Message, which is pg, 568, lays down the doctrine that where Remonstrances are presented and referred to a Committee they should examine and report thereon. This is sound doctrine and should be enforced in all cases by a suitable clause to be inserted in the fundamental code, and a disqualification longer to hold office should be the penalty in all cases where public officers refused to report on petitions and remonstrances, or should report without attending to this duty. This doctrine is the same now that it was before the revolution-the principle has undergone no change, but the disregard of it has been so common that a remedy is needed.

A complainant in the Court of Chancery filing his bill is entitled to an answer and the law provides he shall have one-this is equity.