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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 64 A. M. I was at the Falls from 104 Á. 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 gaze and 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. Čonkey's acquaintance, and find him like every one else here, kind and attentive.

"Do you not think PROF. MAPEs, mistaken in bis 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,

"Your ob't. sorv't,

THO. L. PRESTON.” E. Meriam, Esq.

“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 manu. factured 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 in. telligent 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 65o.

** 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,

THOS. SPENCER. E. Meriam, Esq." “Saltville, Washington Co., Va.

March 22, 1846. } "E. Meriam, Esq.

"Dear Sir:-Your letter of the 12th inst., was receiv. ed yesterday, for which I thank you. I had written to you two days previous by Thomas L. Preston, Rsq., who left here on that day for Syracuse, which place he intends to visit for the purpose of making a personal examination of the various improvements in saltmaking.

“Mr. Preston informed me that he intended to call

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 atınosphere 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

mens you desire to bave sent you. It will afford me transparent water, of capacious volume, gushing from light shower at 5 p.m., heavy thun. pleasure to collect them and forward them to you. the mountain side, and what is a sublime prospect, a

der and very sharp lightning. day seldom passes that we may not see the clouds

Rain 0,40-100. Truly yours, stoop and kiss the mountain's top. heavy frost. THOS. SPENCER.

I will select for the various specimens of minerals 9 a.m., 0,03-100. 8 a.m. 12 m. 6 p.m.

as I have opportunity, and forward them when I have March 20..40.. 46..37 Snow 3 inches.

completed the selection. I have recently learned that showers, 10 a.m.
3..50..59.. 45 Intermittent rain showers. there is an extensive cave 6 or 8 miles from here, which Sprinkle of rain 10 p.m.
4..41..62..54 Clear.

has never been fully explored. I intend to visit it
5..47..68..47 Clear.

before long, and will furnish you with a description. 6..45..69..60 Half clear, half cloudy. Please write me as often as you can find it convenient. 7..42..72..42 Clear and windy from west.

Respectfully yours, 8..45..73..66 Clear.

THOS. SPENCER. 3 p.m. rain 0,45-100. 9..55..73..64 do. E. Meriam, Esq. 6 a.m. and 9 p.m. 030-100. 10..51..65..63 Cloudy, threatening rain.


East wind at sunrise on the morning of the 26th 11..43..58..52 Cloudy.

and 30th. 12..55..60..53 Much rain.

South east wind at sunrise on the morning of the 13..53..62..56 Rain, hail and thunder.

Open Condition of the weather.

23d and 29th. 14..40.. 47..48 Cloudy, W. wind, snow, rain.

South wind at sunrise on the morning of the 2d, 15..49..52..46 Cloudy, stormy, west wind. light clouds—east wind.

3d, 5th, 7th, 11th, 16, 17, 18, 20th and 28th. 16..39.. 46..43 Clear with heavy west wind. hail, snow, east wind.

South west wind at Sunrise on the mornings of the 17..38 gone 42 Cloudy. and calm.

4th, 9th, 10th, 13th, 14th, 21st, 24th and 27th. 18..42 gone 57 do. do. do.

West wind at sunrise on the mornings of 1st, 6th, 19..50; 68..56 Dense smoky atmosphere. do. do.

8th, 15th and 19th. 20..52..56..54 do. do. with light sprink do. do.

North west wind at sunrise on the mornings of 12th 21..38..52.... Clear. [ling rain., sprinkling rain.

22d, and 25th. and calm.

At 9 o'clock in the morning the wind was from the Saltville, Washington Co., Va. May 3, 1846. do. do.

east on the 4th, 26th, 29th and 30th, from the south Dear Sir. and calm.

on the 2d, 3d, 5th, 7th, 11th, 16th, 17th, 18th, 21st,, west wind. Your highly esteemed letters of April 6th, 10th,

28th; south west, 10, 13, 14, 20 and 24; west, 1, 6, and 12th, were duly received. I thank you heartily in the morning, clear at evening.

8, 9, 19, and 27 ; north west 12, 15, 22 and 25 ; north, west wind, frost in morning. for the valuable hints they contain on various topics.

23. and calm, frost in morning. Your suggestion that fire brick may be made by

At 3 o'clock P. M., the wind was east, 4, 18, 28, do. do. do. do. grinding our fire rock to a powder, and remoulding it.

and 30; south east 29; south, 5, 7, 10, 16, and 21; and calm. I think an important one. “At your suggestion the ex

south west 11, 14 and 20; west , 12, 17, 19 and 22; do. do. periment is now being tried, at Mr. Preston's brick

north west 1, 2, 3, 9, 10, 15, 25, 26 and 27 ; north, west wind. yard. The rock was ground at Mr. Preston's grist

east, 6, 23 and 24. r and calm. mill. The brick-maker says that it works beautifully

At 9 o'clock in the evening the wind was south east do. do. in the moulds. I will let you know the result when

4, 28, and 29th ; south 2, 5, 6, 7, 10, 16, 17, and 30; 21.-.85.58.. do. do. they are burned.

south west 3, 11, 14, 15, and 20; west on the 8, 12, 13, do. do. You say that you are inclined to think that the Salt

19, 21, 22 and 23 ; north west 1, 9, 13, 23, 25, 26 and, west wind. ville brine is slow of evaporation, and wish my opin

27 ; north east on the 24th., west wind. ion upon the subject. I have examined this matter

Clear weather at sunrise on the 1, 2, 3, 4, 5, 10, as carefully as possible, and it seems to me that it, west wind.

14, 16, 18, 19, 21, 27 and 28; at 9 A. M;, 1, 2, 3, 4, evaporated more rapidly than the Syracuse brine. In 26.68.-.-.. cloudy, west wind.

16, 17, 19, 21 and 27 ; at 3 P. M., on the 1, 2, 3, 4,, east wind. our 38 kettle furnace the back kettles “come down,"

9, 17 and 27, and at 9 P. M. on 1, 2, 3, 3, 4, 5, 6, 8, full three times in 24 hours. In a furnace of the same, east wind, rain in night. 9, 10, 15, 17, 19, 20, 22, 23, and 27.

29.61.-.-..clear, east wind. size at Syracuse, the back kettles do not“ come down"

The Dew point on the 1st at sunrise was 24; on

6.-cloudy, rain, wind variable, thunder storm oftener than twice during the same time, and we draw

7, 36; 11, 54; 13, 25; 15, 28: 18, 46; 20, 28 ; 21, quite as much salt from each kettle each time, as they Hereafter observations will be made four times per 36 ; 23, 47 ; 24, 46 ; 29, 36 ; 30, 46. do at Syracuse ; that is one and a half or two bushels


W. K., Jr. The Barometer was at 30,00 on 1, 2, 3, 4, 5, 6 and of salt each time the kettle “ comes down" or boils

[Note.-The latitude is between 36 and 37° north,

9, and the 2, 4, and 5, 30,02, and on the 3d and 6th, down sufficiently low to withdraw the salt. The differlongitude between 82 and 83° west. Elevation above

32,06, on the 11th 29,14. ence in quantity being 50 per cent. in favor of Salttide-water not ascertained.—Ed.]

Rain during the month, 2 iuches. ville, which is a greater difference than there is in the strength of the brine. Syracuse being 750, and Salt

BIRDS. ville brine at 90°. In a chemical point of view there

We have received from Lyman W. Conkey, Esq., In the April number of the Gazette we said, the are also strong reasons why the Syracuse brine should of Syracuse, several very elaborate reports of his little bird which we denominate the Adirondack Solitary be the slowest of evaporation, as it contains more very minute and valuable meteorlogicol observations

we had never seen or heard elsewhere than along the muriate of lime, which is exceedingly difficult to made at that locality. From that of April, 1846, we

borders of the wilderness which skirt these majestic evaporate.

heights. The buildings and machinery for pumping, attached make the following synopsis :

Early in the morning of the 17th, of the same to Mr. Preston's Salt Well, were destroyed by fire Place of observation Syracuse, Onondago County, month, we were surprised by the plaintive notes of last night. The fire commenced in a blacksmith's New-York, latitude 43° 1', longitude 76° 15', altitude

the Adirondack Solitary on the top of a cherry tree, shop, which was in the same building. The buildings

standing within twenty feet of the window at which of Barometer 400 feet. and machinery at Kings' well (which is near by) were

we had penned the account of that little bird-the not injured. .

APRIL 1846.

lower sash of the window was up at the time. We I have procured some beautiful specimens of Barytes

were a little surprised at the sound, and began to for you. I found it “in place" about seven miles

doubt whether imagination had not suggested the from here, in the side of a mountain, imbedded in a

notes to the organs of hearing-while recovering yellowish hard flinty rock, which rests upon an amor

from the surprise, the notes were repeated--we arose phous lime stone. In one of your letters you sug.


from our seat, and beheld at the top of the tree a little gested that I should be likely to find Strontian in the heavy frost.

gray bird, which immediately flew away. The next same locality. Will you please describe its appear

day we visited Greenwood Cemetry, and spent a conance, and inform me how I may distinguish it from

siderable time in viewing those consecrated grounds, Barytes ? I believe there is a strong resemblance

. [cumulus 3 p.m.

in company with Henry Parish, Esq., who had selectbetween them. light cirrus 9 a.m., clouds cirrus ed some lots in that Čity of the Dead, for the conI have requested Mr. King to furnish me, for your lunar hal, 10 p.m., large and bright.

struction of a Tomb. There we saw numerous birds. use, his meterological table up to the first of the month, 10 p.m., rain 0,10-100 in.

The next morning, at a little past 4 o'clock, we took which I will enclose herewith. We can furnish you

a morning walk upon Brooklyn Heights, and during with a more complete table after the arrival of the

the whole of this walk we heard the plaintive notes Rain-gauge which you have procured for Mr. Milner, Daffadels in blossom

of the Adriondack Solitary upon the tops of the The season is now delightful, and our mountain 10 a.m., rain 10-100.

highest trees, which it sounded at intervals. Since scenery is beautifully picturesque. I took a ride of a light snow 10 a.m., recomenced 3.

then we have met with Mr. Perry, of Brooklyn, who dozen miles on horseback a few days since, among the

p.m. Hyacinths in blossom.

visits the Greenwood Cemetry daily, and he informs mountains, and the forests presented the aspect of a equalls during the day.

us that he heard the notes of this bird, which we demagnificient flower garden, many of the trees being and Apricots in blossom.

scribed in the last number of the Gazette, a copy of covered with fragrant flowers which are in full bloom || squall, 6 a.m.

which we sent him, in the Greenwood Cemetry at this season of the year. To add to the beauty of

Groves, during one of his visits to those grounds in the the scenery, we frequently meet with springs of cool || brine at Syracuse wells 73. " month of April.

April, 1845.

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NEW-YORK, JUNE 24, 1846.

[VOL. I....No. 42


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Samuel Nelson,
D. B. St. John,

Levi S. Chatfield.
PUTNAM........... Gouverneur 1

Gouverneur Kemble. QUEENS.... .John L. Riker. RENSSELAER.. .Wm. H. Van Schoonhoven.

Perry Warren,

Abraham Witbeck, Jr. RICHMOND..... .John T. Harrison, ROCKLAND.........John J. Wood. SARATOGA .........John K. Porter,

James M. Cook. SCHENECTADY...... Daniel D. Campbell. SCHOHARIE ........ Jobn Gebhard Jr.

William C. Bouck. SENECA.....

Ansel Bascom. ST. LAWRENCE ... . Bishop Perkins,

John L. Russell,

Jonah Sanford.

Robert Campbell, Jr.,
William Kernan,

B. S. Brundage.
SULLIVAN.. . Wm. B. Wright.

.C. C. Cambreleng,

Abel Huntington. Troga......... .John J. Taylor. TOMPKINS

Thomas B. Sears,

John Youngs. ULSTER

James C. Forsyth,

George G. Graham. WARREN....

William Hotchkiss. WASHINGTON ...... Edward Dodd,

Albert L. Baker. WAYNE .......... .Ornon Archer,

Horatio N. Taft. WESTCHESTER ..... John Hunter,

Aaron Ward. Wyoming ......... Andrew W. Young. Yates ............ Elijah Spencer.



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...........6 Alvah Worden.......11 G. W. Patterson... Geo. C. Clyde.........9 Geo. A. Simmons......2 James Tallmadge......7 Chas. H. Ruggles......1 Ambrose L. Jordan....5 Elijah Rhoades........1 Chas. P. Kirkland......5 Blank ...............6

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, doorTeper.

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.


ALBANY ...........Ira Harris,

Peter Sharer,
Horace K. Willard,

Benjamin Stanton.
ALLEGANT... .William G. Angel,

Calvin T. Chamberlain,
Broome............John Hyde.

Alonzo Hawley,
G. A. S. Crooker.
Peter Yawger,
Elisha W. Sheldon,

Daniel J. Shaw.
CHAUTAUQUE........ George W. Patterson,

Richard P. Maryin.
CHEMUNG ..... ....Wm. Maxwell.
CHENANGO....... .John Tracy,

Elisha B. Smith,
CLINTON ......... Lemuel Stetson.
COLUMBIA ........

Ambrose L. Jordan,

Geo. C. Clyde.
CORTLAND .........John Miller.


Isaac Burr,

David S. Waterbury. DUTCHESS ..... Peter K. Dubois,

Charles H. Ruggles,
James Tallmadge.
Horatio J. Stow,
Absalom Bull,
Aaron Salisbury,

Amos Wright.

.George A. Simmons. FRANKLIN .. .Joseph R. Flanders. FULTON ......... .John L. Hutchinson. GENESSE .......... Moses Taggart,

Samuel Richmond. GREENE....

Robert Dorlon,

James Powers. HERKIMER .. Michael Hoffman,

Arphaxed Loomis. JEFFERSON ... . Alpheus S. Greene,

Elihu M. McNeil,

Azel W. Danforth.

Henry C. Murphy,
Tunis G. Bergen,

Conrad Swackhamer. LEWIS .......... . Russell Parish. LIVINGSTON....... . Allen Ayrault,

Wm. H. Spencer. Madison .......... Federal Dana,

Benjamin F. Bruce. Monroe ..... Frederick F. Backus,

Harry Backus,
Enoch Strong
John Nellis,

Joha Bowdish.
New-YORK.... .John L. Stephens,

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. ONTARIO .........

Alvah Worden,

Robert C. Nicholas. ORANGE...

John W. Brown, George W. Tuthill,

Lewis Cuddeback. ORLEANS .......... William Penniman. OsWEGO........... Orris Hart,

Sereno Clark.




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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

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his objection in writing thereto, for their consideration.


Congress in 1845, are copies of numerous letters reThis was a good provision and well calculated to

The appointment of Judicial officers to hold office ceived by the State Department from American Conguard against arbitrary, as well as hasty legislation.

during good behavior, has been in use in MassachuIt is the practice of the Legislature to hurry through

suls abroad, from which we make the following exsetts since the organization of that State Government. important bills at the the close of the Legislative term The United States Judiciary hold their offices for the

tracts. and in such numbers that it is impossible for the ex

bame term. We have heard of no well grounded Extract from a letter dated Island of Curacoa, Nov. ecutive who is called upon to approve the act to even

complaint, against the Courts of Massachusetts, or of | 1843, by W. H. Freeman, U. S. Consul, to the Secread it with care. Such haste is prejudicial to the

the United States. The decisions of these courts respublic interest, and should be guarded against by an pectively have commanded respect every where.

retary of State: adequate provision to be inserted in the fundamental

If Judges are elected to office they will become “ The salt of Curacao and its dependencies is acknowl. code.

strong partizans and therefore unfit for the exercise of edged on all hands to be superior to all other. It is It is not the proper business of the Judiciary to examthe duties of the high office.

heavier by about 20 per cent., and the same being ine into the provisions of the statutes and ascertain if

The duties of the Judge require talents of no ordi obliged to pay duty by weight, and being sold by they are in accordance with the requirements of the

nary character, and surely the people would be better measure enables other Salt Ponds in the West Indies fundamental law, unless a question arising under a

served by confiding the nomination of an individual to supply the United States with an inferior article, particular law makes such exainination necessary in

to the high office, to a man whom they deemed quali and thus exclude that made here, and while salt in all the particular case.

fied to be the Governor of the State, than to a politi other parts of the West Indies is paid for in cash by A council of cevsors composed of five or more incal clique.

the vessels taking the same (here it has generally been dividuals elected once in five or seven years and re

If Judges are elected for short terms they will be shipped on account of the planters, so termed), and quired to assemble at the close of each legislative ses

manouvering for a re-election, and will lean in their merchants engaged in trade with us, and in all cases Bion to examine the acts of the legislature deliberately,

Judicial decisions to the members of the strongest the returns are made in the products of the United with power to suspend the operation of an unconsti

party especially if such members or individuals are States, which, besides, gives a farther employment to tutional act until 30 days after the meeting of the

active partisans. If they are limited to one term our marine, and a commission to our merchants, next Legislature would be found a salutary restraint

they will lend their influence to the succession of a would be sure to lead to an increase of trade from upon arbitrary as well as a curative of hasty legisla

favorite, and thus make the office subordinate to a year to year. There is now enough on hand to employ tion. bad purpose.

10,000 tons of shipping to take the same away ; and the The Judiciary department of the Government are

The Constitution of Massachusetts contains this inability of finding a market for the same, under our required to obey the Constitution, but who is to exprovision:

present “ tariff," has led to numerons applications amine their acts and determine in what manner the

* “ XXIX. It is essential to the preservation of the here to me, to notify the same to the Government in Judges have performed the duties appertaining to their

rights of every individual, his life, liberty, property the hopes of a remedy. Salt 26 to 36 cts. per bbl. respective offices. The Constitution of 1777, and also

and character, that there be an impartial interpreta A barrel contains 4 Curacoa bushels, equal to 3 bushthat of 1821, made provision for keeping the high ju

tion of the laws, and administration of justice. It is i els United States measure." dicial officers distinct from, and independent of, the

the right of every citizen to be tried by judges as free, other departments of the Government and withheld

REMARKS. impartial and independent, as the lot of humanity from them the exercise of patronage by withholding will admit. It is therefore not only the best policy,

The Curacoa Salt is known in Trade as the Rock the power of making appointments to office except

but for the security of the rights of the people, and U Salt, and weighs from 80 to 90lb. the measured bushel. in specified cases such as clerks of their own court

of every citizen, that the judges of the supreme judiprovision was also made that neither the Chanceller,

cial court should hold their offices as long as they Justices of the Supreme Court or Circuit Judges shall behave themselves well; and that they should have

Extract from a letter from Alexander Burton, Conhold any other office or trust. This language would

honorable salaries ascertained and by standing laws." sul at Cadiz, Spain, dated Cadiz, Sept. 1843, to the seem to be sufficiently clear and explicit to admit of but one construction and yet notwithstanding, the

Secretary of State. legislature imposes upon the Chancellor and Judges

EXECUTIVE, LEGISLATIVE, AND JUDICIARY "Salt can be sold only at wholesale by individuals, numerous duties other than those of a judicial char


and solely for exportation to foreign countries. The acter, and these duties are performed by the judges

average price of this years export is 4 3-5 cents per

There is an absolute necessity of declaring in the notwithstanding the inhibition contained in the con

bushel. The retail of Salt throughout the Spanish New Constitution, what powers are executive, what stitution. Here then is the executive, the legislative

dominions is a monopoly of the Government, and it are legislative, and what are judiciary, and a necessity and the judiciary department of the government all

is at present farmed out. The fixed price of sale for also exists of confiding the exercise of each and every uniting in a violation of the fundamental law, and office to different and distinct individuals. No one

this article of consumption in Spain, differs according there is no organised body to take cognizance of the

to the distance from the sea. In Andelusia it is equal individual should hold two offices, nor should any ininfraction. dividual be made by virtue of any one office an ex

to $2.75 per 100 weight. Salt is sold for cash. AmeIf the judges are called upon to decide, they will officio incumbent of another office.

rican vessels coming to Cadiz in ballast to load this not be willing to declare an act void when such dec

article, generally bring specie."

The Constitution of Massachusetts, Art.2, of Chaplaration might, perhaps, make them individually liable ter 6, contains some good provisions in this, which

REMARKS. for damages--nor should it be required that they

are well worth the attention of the members of our should set in judgment in a case in which they are

Cadiz Salt is not so coarse as Turk's Island.
State Convention. These provisions are so plainly
the principal parties.
A Board of Censors whose duty it should be made

drawn that there is no room for misconstruction. Dis-
tinct, plain, explicit, and such ought to be the language

Extract from the Report of George Gibbs, acting to take cognizance of such cases would be able to act of every fundamental or organic law.

Consul at Turk's Island, dated Turk's Island Aug. in each case with independence, with promptitude,

The Constitution of Massachusetts occupies seven and would remedy mischiefs by removing the means

31, 1843, to the Secretary of State. pages of this volume, while the present Constitution of doing it. We will notice this subject again. of our State occupies but little over three pages.

“Salt is the only produce of this Island. Whole

sale price 8 cents per bushel. Export duty 1 cent DEEP EXCAVATIONS.


per bushel to the United States." Undermining the foundations of Dwellings.--The The greater or lesser length of a Ferry does not practise of sinking deep cellars has recently, in cities, change or alter its peculiar character. Å Ferry to

Extract from the Report of the U. S. Consnltate of become extensive, and in many cases the foundation Albany from the City of New York is the same as a Marseilles to the Secretary of State, dated March 3, of buildings erected upon the adjoining lots have been Ferry to Staten Island from the latter city, and the undermined. The particular rights of the parties in Corporation of the City of New-York have no more

1843. such cases is a matter of great nicety to determine, right of property in the one than in the other, and "Salt 2.40 to 3.20 per ton of 2240lb. Salt is genand the question is one of that very great importance none in either. The Ferries across the East River to

erally taken as ballast by masters of vessels. Retail that it seems necessary that it should be examined and Brooklyn and Williamsburg, and across the North or price 6 cts. per lb. Interual taxes $6 on 224 lbs. No considered, and some legislative provision be made Hudson River to Jersey City and Hoboken, are of export duty. in the premises, the same class. Ferries should be regulated by law

in the same manner that steamboats are regulated for
the safety of passengers-nothing more.

In the Report of the Consul at Canton, China,

The Cor.

poration of New-York consider some of the Ferries there is nothing said about salt. The State Convention will necessarily have to pass

The Chinese Gov. across the North and East Rivers, franchises--as propupon that provision of the Constitution which relates

ernment raise a large internal revenue from salt. to the State Salines at Onondago. We have placed erty; there is no such right of property-such a claim

The Report of the Secretary of State does not conin this Volume an abundance of statistics in reference

is against the public interest, and destructive of pubto this subject, and probably more information is em. lic good.

tain any report from the Consul at Liverpool and braced in this volume upon that subject than is else

therefore we have no official information on that head where to be found in any single volume. The good


from that locality. quality of the salt is the desideratum, and if the gov. As the State Convention will necessarily have to The State of New-York, in the Onondago Salines, ernment of the State exercise ownership over these

pass upon the Onondago Salt duty, we have deemed have a public property which is inalienable. That it Balines, then the plan should be to devise some means of divesting the Onondago Brine of the muriate of

it well to place before them some information in re should be used for the best interests of the people, is lime and magnesia, which proye so detrimental to the lation to Foreign Salt.

unquestionable, but the gift of nature should not be quality of the salt.

! In a Report of the Secretary of State published by abused. No more salt; should be prepared at these salines than can be made of good quality. Measures permit. It will be found to exhibit a complete ac of the East River, as far as low water mark and exshould be taken to divest the brine of the muriate of

count of the financial condition of the city govern tending in length to the utmost limit of the Island lime and magnesia that it contains, which is injuri- |

ment, and in compliance with the charter and laws whereby His Majesties prerogative and interest may be is respectfully presented.

in danger of suffering, and his ships stationed here ous to its quality. This great difficulty should receive “ The information it embraces may be considered under the necessity of becoming petitioners to the the attention from the Government which its impor the more interesting, at this time, because of the dis Corporation for a convenient place to carreen, or refit,

position recently manifested by the State Legislature for this charter having granted the Corporation, all the tance demands. The improvement of the quality of

to interfere with our municipial concerns, the manage Islands as well near and round as before the fort the salt is as much a business of the Government as

ment of which, so far as they are local, is secured to which lay commodious for the security and defence of the raising a revenue from it.

the people of this city by the strongest guarantees. it, in case of any eruptions, was as I conceive lodging The reduction of the duty will not help the quality

The powers with which the people have invested too great a power in them, in case of any necessity,

their State Government are limited by the constitu and by so much lessening of the King's prerogative. of the salt.

tion of the state. The citizens of the several coun "I must own, my Lords, that I was merely surprised It is now satisfactorily ascertained what the real ties, and of this city and county in particular, have, into an assent to this act, it having been exhibited so difficulty is in reference to the Onondago Salt, viz:

in their local government, distinct and independent very early after my arrival (as your Lordships will

rights, as clearly to be understood as those exercised perceive by the act itself) that I had not an opportuthat it contains muriate of lime and magnesia, and

by the states independently of the general govern nity of being acquainted with the nature and design while these are present it matters not how great the ment. With respect to this city and county, these of it, and from the general words of the title of it per cent of chloride of sodium is, so long as there is rights are either controlled by the charter, which is very little apprehended the nature of its extent.

our county constitution, or undelegated and yet, reone per cent of the muriate of lime and muriate of

"The act in general terms confirms the city all the main with its citizens.

grants to them at any time heretofore made without magnesia combined with it.

“The charter of this city is an express contract con either referring to any one grant in particular, or men

taining a convenant for the quiet enjoyment of the tioning what the grants were that were designed to be MONTGOMERIE'S CHARTER. municipial powers it confers. It was made before confirmed by this act, so that your Lordships on view

of the act could not determine what rights, grants or the first shedding of blood in our revolutionary Extract from the Charter known as Montgomerie's

struggle, and under the decision of the Supreme particular privileges were to be confirmed by the act Charter. See Kent's Notes Charter, page 32. Court of the United States, it is one that is protected and for ought appears some (if not many) of these ." And whereas, divers questions, doubts, opinions, by the Constitution of the United States from being grants or charters may be (and as I believe are) preambiguities, controversies, and debates have arisen

impaired by any act of state legislation ; all infrac judicial to His Majesties' interests. and been made as well upon and concerning the va tions of its provisions may be taken to that tribunal “ It were but lately my Lords ihat I came to any lidity and force of the said recited grant or writing, for final adjudication. Its charter, is a constitution knowledge of the charter designed to be confirmed dated in the year of our Lord, one thousand six hun of a body politic, erecting the City of New-York by this act, and that charter consisting of a vast number dred and eighty-six, and the before recited letters into “A FREE CITY OF ITSELF." Her independent of skins of parchment, and the vessel by whom I now patent of Queen Anne, as upon all and every the sovereignty, in her local matters, is older than that write being to sail in a day or two has rendered it imother grants and confirmations of divers governors, of the state itself, and her representatives in the con probable for me by this opportunity to have sent to lieutenant governors, and commanders in chief, made il vention which formed the state constitution, showed your Lordships a copy of it, and without which your to our city of New York, as aforesaid, by reason of " they were sensible of its free position, when they Lordships could not judge of the act, the act being the variety of names, stiles, titles, and incorporations il procured an express reservation of her local rights, worded in general terms, but shall send it by the next aforesaid. and by reason that the before recited grant | under her local constitution. That charter still ship, and now hope that what I have offered will justify or instrument, dated in the year of our Lord one stands as much a protection to her citizens from state your Lordships to stop any proceedings at your board thousand six hundred and eighty-six, and the other encroachments, as it was before the revolution against upon that act until I have this honor a second time to grants and confirmations of divers governors, lieu the exactions of the British Crown. Should a con write further to your Lordship’s concerning it." tenant governors, and commanders in chief, were 1; tinued disposition be manifested to impair its pro REMARKS.-The Colonial act referred to by Governor made in the governors' own names respectively, when visions, or to trench upon the undelegated rights of 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 they should have been made in the respective names, the people of this county, it will become their duty,

the Constitution of this state which follows, does not refer to stiles and tilles of former kings and queens, our royal

as well as that of their county representatives, to such a charter as the one in question, predecessors, under whom they were governors, lieu test the strength of her municipial reservations, by

The Constitution of this State contains this provistenant governors or commanders in chief respective 1 an appeal to the supreme judiciary of the United

ion : ly, and by reason, as some suggest and say, that the States."

“But nothing contained in this Constitution. shall said city, or inhabitants or citizens thereof, never


affect any grants of land within this State, made by were well, regularly, or legally incorporated, and The Corporation Comptroller assumes that the charter was a

authority of the said King or his predecessors, or shall for want thereof, none of all the said grants, con

valid grant that it withstood the exactions of the British crown
and that it was recognized in the Constitution of this State. It

annul any charters to bodies politic or corporate by firmations, instruments, or letters patent, herein will be seen by the extract from Gov. Cosby's letter to the him or them made, before that day, or shall effect any before mentioned, could take effect or operate ; and Home Government which follows below, and by the extract such grants or charters since made by this State." for divers other defects in all, some or one of the

from the Constitution which is appended, and by the copy of
the restraining act, ante. page 535, that there is nothing what-

Sec. 14, Art. 7. aforesaid grants, confirmations and writings; and

ever to sustain the Comptroller in the position which he has The charters of the City of New-York were never also upon the validity and force of the prescription taken.

granted by the said King or his predecessors, nor was aforesaid."

Col. Cosby to the Board of Trade.

this granted by his authority or sanctioned by him. REMARKS_Thus Montgomerie's Charter itself recites that

New-York, 18 Sept., 1732.

Members of Common Councils of the City in the the Charter of Dongan and Cornbury were not valid in consequence of not being granted by the sovereign, and the charter

management of its public concerns are in every resMy Lords, containing this recital is under the same difficulty, and besides

pect like the “ Selectmen" of towns, or the Supervi.

I have the honor to acquaint your Lordships of my all of them are restrained by the act restraining the passage of

sors of counties-mere administrative officers, nothing illegal ordinances, approved by King William on the 11th of arrival to this place; the assembly is now a sitting, so

more-they have strictly speaking no legislative power May, 1697, which remained in force until 1830. See ante. pg. soon as they are upp, I will not faile by the first ship

for the Constitution has vested that solely in the 535. that goes for England to send all the acts in order to

Senate and Assembly, and these bodies cannot deleHere is a claim set up by the Corporation, as be laid before you. I have just this moment received follorcs :

gate this power. your Lordships' letter with a copy of Capt. Carring

REMARKS.-The act of the Colonial Assembly passed Oct. City of New-YORK, ton's inclosed. I will immediately write to the Com

14, 1832. referred to by Governor Cosby in his letter, set fe Comptroller's Office, missioners for the Indian affairs to consult with the above, was repealed in 1830, by the general repealing act, which January 25, A. D. 1841.

Five Nations in order that they may interpose, and repealed all colonial laws then in force. See Revised Statutes, will do every thing that I can in that affair. I am,

vol. 3. To the Mayor, Aldermen and Commonalty

Therefore Montgomerie's charter is no better than a blank my Lords, with the greatest respect imaginable.

piece of paper. of the City of New-York. Your Lordships' most obedient humble servant, The People of this City have, with regard to their


PETITIONS AND REMONSTRANCES. local government reserved to themselves the right to

Extract from a letter, written by GOVERNOR COSBY

Mayor HAVEMEYER, in his Veto Message, which and require from their representatives, a full account

is pg, 568, lays down the doctrine that where Remonof the manner in which their municipal interests are of the Province of New York to the Government at

strances are presented and referred to a Committee conducted, that they may posses a true knowledge of Home, on the 29th of August 1733, in reference to the they should examine and report thereon. This is sound their responsibilities and prospects. This information

doctrine and should be enforced in all cases by a suitais essentially necessary in forming a correct opinion in New-YORK CITY CHARTER, called Montgomerie's

ble clause to be inserted in the fundamental code, and reference to the general action of their municipal charter.

a disqualification longer to hold office should be the government. It is especially so in matters of such “No. 10 is an act confirming the charter of the city penalty in all cases where public officers refused to vital imporrance to the people as the administration of of New-York by Governour Montgomerie, My LORDS, report on petitions and remonstrances, or should report the city finances. Opportunity is thereby afforded as to this act I would beg leave to observe that the without attending to this duty. This doctrine is the them to decide upon the effect, that contemplated Charter which was designed to be confirmed by this same now that it was before the revolution-the princhanges may have upon their pecuniary interests, as act having past away grants of a very extraordinary ciple has undergone no change, but the disregard of also, to ascertain what reforms, if any are necessary. nature that I thought it necessary for me to acquaint it has been so common that a remedy is needed. With this view, the undersigned has endeavored to your lordships with some of the inconveniences arising A complainant in the Court of Chancery filing his make the annexed report as succinct, and at the same from it. By this charter are granted all the Islands || bill is entitled to an answer and the law provides he time as comprehensive as the means of his office would | near and round his majesties garrison here, the soil || shall have one-this is equity.

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