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SPEAKER OF THE HOUSE OF ASSEMBLY. “At midnight the thermometer was down to 300
MR. VAN SCHAICKS PETITION. Hon. WILLIAM C. HASBROUCK, BASBROUCK. I || and the wires to 444, and this evening at 6, the ther
A memorial was presented in the House of Assemmometer is at 26 and the wires 45. OF ORANGE COUNTY.
bly in January ult., purporting to be signed by
“A gale of wind blew most of yesterday and last In reprinting the list of members from a legislative
Myndert Van Schaick and others asking that the night, and this morning presents the appearance of a rejected amendments to the City Charter may be document, the office of Speaker was omitted.
snow storm operating at a distance.
again submitted to the people. Mr. Van Schaick
informs us that he has not signed such a Petition, and LIGHTNING IN WINTER. librium nearly the whole of Tuesday."
that he voted against the amendments at the No
“E. M." The lightning storm noticed below traversed the
vember Election-he adds further that he was applied great electric current in unusual haste, and no doubt
STORM AND LIGHTNING.
to for his name to the Petition and refused. The was the offspring of a convulsion rchich shook the ter. Letter from the Hon. Tunis G. Bergen.
House of Assembly should investigate this subject, restrial surface it first set out from on its north-eastern
and the member who has offered this petition should
NARROWS, L. I., Feb. 11, 1847. mission. This lightning storm presents an interest
ascertain who has thus imposed upon him. ing fact :-at Brooklyn, but a single clap of thunder
Dear Sir-Understanding that you keep a record was heard and a single flash of lightning seen-at of electric phenomena, I take the liberty of inform
AMENDED CITY CHARTER. the Narrows, 8 miles distant, the same fact is noticed ing you that on Wednesday the 3d inst., during the by Mr. Bergen, in his letter, a copy of which we give violent storm of that day, towards evening, there Since the remonstrance against certain very objec. and we infer from the tenor of Mr. Thompson's letter was one vivid flash of lightning, and one heavy clap tionable provisions of the New York City Charter
were transmitted to His EXCELLENCY GOVERNOR that such was the fact al Hempstead, still it may be othcr.
of thunder. I am credibly informed that the same wise, for that place being still further along the electric struck the house of Coert Barre, in Gravesend, com Young, and by him transmitted to the Hon. THE current, another discharge further north east might
mencing at the chimney and following the same to HOUSE OF ASSEMBLY, together with the official have taken place from the storm, and Hempstead may
the cellar so as to crack it: it also damaged some of printed copy of these amendments, several of the have been its extreme southwestern verge of reverberthe furniture in the house, and done some trifling in
Gentlemen who had signed a Petition to the Legisla.
ture asking to have the rejected amendments ation and of illumination. jury to the building.
resubmitted to the people have held
TÚNIS G. BERGEN. tings at the house of Thomas Suffern, Esq., and one The following letter gives an account of a most
E. Meriam, Esq.
meeting at the house of H. W. Field, Esq., and terrible storm at Union Mills, Carroll co., Md., the ||
agreed to ask the Legislature to amerd the amendresidence of Andrew Shriver, Esq. :
Letter from BENJAMIN F. THOMPSON, Esq. ments and have stricken out several of the provisions Correspondence of the Baltimore Patriot.
HEMPSTEAD, February 15th, 1847. noticed in the remonstrance transmitted to His ExUnion Mills, Feb. 3, 1847. My dear sir :---I have but a moment to reply to your
CELLENCY GOVERNOR YOUNG, thus sustaining the Our neighborhood was visited to-day, about 9 last favor, and only to say that the lightning was seen
remonstrants, and with a frankness and candor o'clock, by a most terrific hurricane, which has proved | in the south-east on the Wednesday evening you
highly commendable, thus admitting that the applica
tion to the Legislature for the loose resubmission of most destructive to property. We were warned of niention, by myself, and the thunder was heard by its approach by several peals of thunder-darkness
the Charter, was not well considered. We like to those whose organs of hearing are better than mine, and a distant howling of the winds. I was at the but I do not know how far it was witnessed further
see good men reconsider a hasty act, and make
amendments. We learn that these amendments thus time in an upper apartment of the house, and on look on the island.
made, have been transmitted by these Gentlemen to ing out, I saw the gigantic hickories whirling about
In haste, truly yours, like reeds and bending flatly under the weight of the
B. É. THOMPSON.
the Hon. the CHAIRMAN of the COMMITTEE on Cities storm. I immediately hastened down stairs to ap. Eber. Meriam, Esq.
and Villages, and that the Bill before reported with prize the family of approaching danger, but before I
amendments, as set forth on page 690 has been rereached, them, a sudden blast struck the house with
committed. Thus the Anti-Assessment Committee so much violence, I thought it would have been
COLOR OF SOILS.
have been nobly sustained in their movement in this shivered to atoms.
We are inclined to the opinion that soils which
matter, both by the Legislature and the Petitioners. The draft through the aperture of the doors and
possess a color which absorbs the rays and heat of Letter from the Hon. James TallMADGE. windows was so great, that I could with difficulty
the sun is preferable for vegetation to soils having a open an opposite door. Carpets were torn up from
New-YORK, Jan. 28, 1847. the floor, furniture deranged, &c. By this time the surface which reflects the heat of the solar orb. Ex.
Dear Sir-Your note, copy of Constitution, of City storm had somewhat abated. It did not last over
Charter, &c., are received. Confinement from an periments can be easily made to ascertain to what two or three minutes, but during this brief period,
attack of inflamatory rheumatism, has disabled me. much damage had been done. Our substantial old
extent color operates. We know that bright surfaces to give the matter proper attention. I intended to brick mill, which has withstood the shock of the ele reflect both heat and light, while dark surfaces
have seen you yesterday-but could not go out. I ments for fifty years, was about two-thirds unroofed absorb.
signed the petitition to submit the amendments to the both gable ends blown down, together with the large
people without much information, or considerationchimnies on each side. It appears that the front door COAL ASHES A PREVENTIVE OF POTATO
and not feeling committed to the amendments. gave way at the upper story, and the wind rushing
Since your remarks I have read the amendments. in bursted the roof upwards, hurling the shingles and
The question is now whether to keep the old or take rafters over a hundred yards distant. The bark mill “I am now collecting coal ashes for next spring, the new. Both have defects. It is a choice only of house, and bark sheds, belonging to the tannery were
evils. I am not now ready to choose. The state and shall try them again, and I hope with the same overthrown.
nero Constitution, has many good parts. Yet the But worst of all, because the most difficult to resuccess as last year. My potatoes that were planted
Court of Appeals, &c. &c., so defective, my vote was place, a large number of our fine fruit and ornamen with coal ashes kept finely, and are as sound as when in the negative. I am not yet certain how to conclude tal trees have been prostrated to the ground in every first dug, and are capital eating."
between the old and the new charter. The powers direction. The old Lombardy, which for ages have
in both are extensive, and unguarded-all depends shaded the premises, the large fine Willows, the
The above is an extract of a letter from W. Bigelow,
(and neither is good) as it may be administered by beautiful Maples, and several large Apple trees have Esq. of Hartford, Con., to Alden Spooner, Esq. of honest men-or tools and creatures of party-aiming all either been torn up by the roots or broken off in || Brooklyn, N. Y.
only at office and plunder-and taxation on those ace the stock. In the neighborhood several poor families
cused of being rich men. have had their houses blown down, and are now seek
In haste, Respectfully yours, ing a home among the charitable around them. One
: ONONDAGA SALINES.
E. Meriam, Esq., JAMES TALLMADGE. poor man, with wife and six children, is left homeless Enoch Marks, Esq., State Superintendent of the and entirely bereft of the means of making his family
Onondaga Salines, in a Report made to the Hon. comfortable. Much damage has been done to the
FEBRUARY 20, 1847. growing timber. In numerous places immediately William C. HASBROUCK, Speaker of the House of
Dear Sir:-Your note of yesterday came to hand, by us the wood is levelled to the ground. Assembly, states that the salt made at the State |
and the subject duly considered. Last evening a
meeting was held near 118-I attended and presidedOBSERVATIONS
Salines in 1846 was three million eight hundred and some 20 were present. Sutfern, Griswold, Astor, Published in the Brooklyn Evening Star of Febru- | thirty three thousand five hundred and eighty one Benedict, Davies, Williams, Phoenix, Schermerhorn, ary 4, 1817. bushels, and 37 56th of a bushel of which 331,705,03-56
&c. We meet again this evening to complete amend“ Thursday morning, 6 o'clock, Feb. 4, 1847.
ments, objections, fc. After to-morrow you can be bushels was Coarse or Solar Salt. “The WEATHER.- From 8 A.M. yesterday to 5 P.
informed of the doings &c., and the result of the conM., the wires were from 540 to 55, and the ther
The import of Salt into the port of New-York
sideration. mometer from 44 to 50. At 6 P. M. both fell sud during the year 1846 was 1.303,663 Bushels.
Signing the petition to the Legislature to submit it denly 3oan earthquake depression!
to the People, is not considered a committal to the “The next hour the thermometer fell one degree
contents of the new Charter. and a half, and the wires half a degree.
WAR AND FAMINE.
The result of our present meetings will show this. "At 9, two hours after, the thermometer fell to 34 While famine and pestilence is abroad in the East,
My kheumatism and the wet weather embarrass my degrees, and the wires to 46. a people professing the religion of Christ are carrying
efforts and action very much. * At half-past 8 a storm of thunder and lightning war and its awful calamities to the West. A dreadful
Yours, &c., rapidly passed over.
judgment awaits the authors of these calamities. E. MERIAM, Esq. JAMES TALLMADGE..
EMIGRANT TAX BILL,
No. 73. February, 9, 1847. [Reported by Mr. Develin, from the standing committee on the judiciary-read twice, and committed to the committee of the whole. ] .
engers in vessels coming to the port of New-York,"
The People of the State of New York, represented in Senate and Assembly do enact as follows:
Section 1. The first section of the act entitled “ An act concerning passengers in vessels coming to the port of New-York," passed February 11, 1824, is hereby amended so as to read as follows:
Every master or commander of any ship or vessel arriving at the port of New York from any country out of the United States, or from any of the United States other than this State, shall within twenty-four hours after the arrival of such ship or vessel in said port, make a report in writing on oath or affirmation, to the mayor of the city of New-York, or in case of his sickness, absence or inability to serve, to the commissioner of the alms-house department of said city, of the name, place of birth, and last legal residence, age and occupation, of every person not being a citizen of the United States, and who shall have arrived at any place in the United States, from any foreign country within the last preceding twelve months, and who shall not have previously paid any sum of money under or by virtue of any of the provisions of this act, or been bonded under the act hereby amended, and also of all such passengers as aforesaid, as shall have landed or been suffered or permitted to land, from any such ship or vessel, at any place during such voyage, or have been put on board or suffered or permitted to go on board of any other ship, vessel or boat, with the intention of proceeding to said city, under the penalty on such master or comunander, and the owner or owners, consignee or cousiguves, of such ship or vessel, severally and respectively, of seventy-five dollars for every person neglected to be reported as aforesaid, and for every person whose name, place of birth, and last legal residence, age and occupation, or either or any of such particulars, shall be falsely reported as aforesaid, to be sued for and recovered as hereinafter provided.
♡ 2. The second section of the said act, is hereby amended so as to read as follows:
It shall be the duty of the said mayor, or in case of his absence, sickness or inability to serve, for the said commissioners to require by a short endorsement on the report of every such master or commander of any such ship or vessel, to pay to the mayor, aldermen, and commonalty of the said city of New York, the eum of one dollar, as commutation money for each and every such passenger so as aforesaid, arriving at said city, and in case any of said passengers are decrepid or infirm or likely to become a permanent charge on said city, then, and in all such cases, further to require by such endorsement as aforesaid, every such master or commander to become and be bound by a bond with two sufficient sureties, (who shall justify before, and to the satisfaction of the said mayor or said commissioner, that they are each residents of the city and county of New York, and are each worth in real estate, double the penalty of said bond, over and above all liabilities, and all other amounts, for which they may at the time, be bound ;) to the people of the state of New York, in such sum as the said mayor, or in case of his absence, or sickness, or inability to act, as the said commissioner may think proper; not exceeding three hundred dollars for each passenger, so decrepid, infirm, or likely to become a permanent charge on said city; and to indemnify and save harmless, each and every city, town and county in this state, from all and every expense and charge, which shall or inay be incurred by any such city, town, or county, for the maintenance and support of every such person, and for the maintenance and support of the child or children of any and every such person, which may be born after such importation, in case any such person, or any such child or children shall at any time within five years from the date of such bond, become chargeable to any such city, town or county, or either or any or them.
And the mayor, or common council of any city, or
the superintendent of the poor of any county, or the
The Emigrant Passenger Bill on this page is overseers of the poor of any town, which city, town
a violation of the Constitution of the United States, or county shall have incurred any expense or charge as aforesaid, shall be authorized in the name of the
See 12 Wheaton 419,; also Sec. 13, of Art. 7, of the people of this State, to bring an action upon any such Constitution of this State, and also of Sec. 16 and 17 bond, and recover thereupon a sum sufficient to in
of Art. 3.
PUBLIC STOCKS OF THE UNITED STATES
EXEMPT FROM TAXATION. incurred in the support or maintenance of any such On pages 353 and 354 of this volume, we published person, as aforesaid. And if any such master or com
the opinion of the Supreme Court of the United mander shall neglect or refuse, to pay over to the said mayor, or in case of his absence, sickness, or inability
States in which it was decided that the Stock issued to act, to the said commissioner, such sum of money by the Government of the United States is not liable as hereinbefore required, as commutation money, for to taxation by States or Corporations. each and every such person, within three days after
In the present number of this Gazette page 631 we the arrival of such vessel at the said port of NewYork ; or in case a bond shall be required as afore have reprinted the opinion of the Court delivered by said, shall neglect or refuse to give such bond within Chief Justice Marshall, but omitted to state the case the said three days, every such master or commander,
in which the question was adjudicated. and the owner or owners, consignee or consignees, of such ship or vessel, severally and respectively, shall The decision was made in 1829, in the suit of be subject to a penalty of five hundred dollars for each Weston and others, vs. The City Council of Charlesand every person, on whose account such commuta- ton sc. tion money, or such bond, may be demanded by such mayor or commissioner as aforesaid ; to be sued for
There were two questions involved in this suitand recovered, in the same manner as is provided in the first was that of Jurisdiction, the second, the liathe fifth section of the act hereby amended. And
bility of the Stock to taxation. provided always, that in case any such person or per
It was an application for an injunction to restrain sons, for whom bonds may have been given as aforesaid, shall become chargeable on any such city, county the City Council of Charleston and their officers from or town as aforesaid, it shall not be lawful for the said collecting the tax by proceedings commenced in a master or commander, owner or owners, consignee
local Court, and subsequently carried up to the Suor consignees of such vessels, or the said sureties to take and remove such person or persons from the alms preme Court of the United States. house of any such city or from such other places as The cause was twice argued by order of the Court may be designated by the proper authorities of any
on account of its importance. The Court sustained such city, county or town, for the reception and subsistence of such person or persons without the written
the jurisdiction, and decided that United States consent of the mayor or commissioner of the alms Public Stocks are not liable to taxation by Statos or house of any such city or the keeper of the poor-house
The cause is fully reported in 2 Peters, 449.
CURRENCY AND EXCHANGES. such written consent, shall in no manner forfeit, im The author of a very valuable treatise upon curpair or otherwise affect the validity of any such bond rency, who signs “ Public's,” states that in 1839, or bonds. Q3. It shall not be lawful for any magistrate or other
during the short crops in England, the Bank of Eng. officer in the said city of New-York, having authority land became a borrower of the Bank of France. to make commitments of vagrants, to commit any The present year, during a scarcity of food on the person not a citizen of the United States as a vagrant,
Continent, the Bank of France has become borrower until the said magistrate or officer shall have ascertained whether a bond, as aforesaid, has been given
of the Bank of England. for such person; and it shall appear, that a bond has England is now sending gold to the United States been given as aforesaid, within five years for such
to buy bread—a few years ago efforts were made to person, such magistrate, or other officer, shall not commit the said person as a vagrant; but shall and
| induce Congress to prohibit the exportation of specie. is hereby authorized to give a permit to such person, In the Old World when famine prevailed, Pharoah to enter and remain in the alms-house of said city, or
having all the grain, obtained all the money, all the such other place as may be designated for the subsistence and support of paupers as aforesaid ; and cattle, all the land, and then the people as slaves. every permit so given as last aforesaid, upon which such person or persons shall enter the said alms-house, or other place as aforesaid, shall be deemed a breach
RAIL ROAD STOCKS. of such bond.
Public policy requires that Rail Road Stocks should 4. The said mayor, aldermen and commoaalty be exempt from taxation. Rail Roads are a public ll of the city of New York, are hereby authorized and benefit, and the making of them cannot consistently
empowered to pass all such laws and ordinances, as
be undertaken by Government, the Government carry into full effect the act hereby amended; and to should therefore encourage individuals who have prescribe penalties for the non-observance or vio capital to benefit the public by its outlay in Rail lation of any such ordinance; not to exceed one
Roads-of such is the Albany and Hudson ; and New. || hundred dollars for each passenger or person, to whom
York and Erie Rail Roads. Rail Roads increase the such non-observance or violation may relate.
value of real estate to a far greater amount than the Ø 5. All and every of the provisions of the said act, not inconsistent herewith, are hereby declared to be
cost of the road-it is therefore the exemption of the
Stock from taxation would not lessen the public and to continue and remain in full power and effect.
revenue, but increase it by producing more value in Ø 6. This act shall take effect immediately.
real estate to swell the tax list.
The public spirited citizens who are making great FAMINE.
efforts to get a Rail Road made on the bank of the In the midst of a grievous famine in Ireland—the
Hudson; and these now engaged in completing the Corporation of the City of New-York are urging the
Erie Rail Road ; and those also who are moving with State Legislature to levy a tax upon the unfortunate
the St. Lawrence Rail Road, should be liberally emigrant who has the means of reaching our shores
dealt with by the State Legislature, while they are to obtain bread for himself and children. What incon
thus striving so nobly for the best interests of the sistency!!!
PUBLISHED RE THE ANTI-ASSESSMENT COMMITTEE AND DISTRIBUTED GRATUITOUSLr.
EDITED BY E. MERIAM.)
NEW-YORK, MARCH 15, 1847.
[Vol. I.....No. 48.
NEW YORK CITY CHARTER " The common council may provide by law for the
being so passed shall be submitted to the electors, and words : Amendments of the City Charter framed by the City if approved by a majority of the voters, the same shall
“And that such reports be published.” Convention and subsequently rejected by the people, become a law; each district shall thenceforth be en
Eleventh Amendment. again to the same people, has been passed by the Senate titled to elect one alderman and one assistant alderman, and such other charter officers as may hereafter
Sec. 9th, Art. 2. This section shall read as follows, and sent to the house of Assembly for concurrence, be provided for by law.
commencing at the tenth line, after the word “ assessthere it was referred to the standing committee on
Third Amendment. cities and villages to which also was referred the re
“There shall be a bureau in this department, the Sec. 6th, Art. 1. Strike out the word “oue," on the
chief officer of which shall be the city surveyor, and monstrances set forth on page 687 of this series. The ninth line, and insert the word “two."
in which there shall be an assistant city surveyor: It Committee reported the bill with numerous amend
shall be the duty of the said officers to make for the ments, and it was subsequently recommitted to the Soc. 7th, art. 1. Strike out on the fourth live, the
use of the city, all maps and surveys necessary for as
sessments of every description, and to file away and words “ tax or." same Comınittee on the application of several of the
preserve for the use of the city, all maps and other original petitioners who became satisfied by a re-ex
property belonging to said department; and the city amination of the new charter that it is highly ob
Sec. 9th, Art. 1. The section shall read is follows:
surveyor and assistant city surveyor, together with the * Annual appropriations shall be made by the com
street commissioner, or assistant street commissioner, jectionable. The Committee made the amendments mon council by law, for every branch and object of
shall be the commissioners for making all estimates as below and again reported the bill. These are the city expenditure; but no additional appropriations
l and assessments for opening, widening, grading and
shall be made, except in the event of pestilence or inamendments referred to in Gen. Tallmadge's letters.
altering all avenues and streets; and if such avenue va:ion; when, for such purpose, occasional appropriSee ante. Pg. 695.
or street shall be north of Thirteenth street, the as. ations may be made : and no money shall be drawn
sessment shall be confined to the street or avenue to STATE OF NEW-YORK. from the treasury, except the same shall have been
be opened, widened, graded or altered; but no such No. 132. previously appropriated to the purpose for which it
assessment shall exceed fifty per cent. of the value of was drawn, nor unless the appropriation shall be based IN ASSEMBLY,
the property assessed for such improvement; and they upon specific and detailed stateinents, furnished in
shall perforin such other duties as shall devolve upon February 19, 1837. writing, by the several heads of departments: Every
them by virtue of said office, or be required by the (G. O. No. 148.) warrant drawn upon the city treasury, shall specify
common council: There shall be a bureau in this de. [Engrossed bill from the Senate-read twice, and rethe appropriation under which it is drawn, and the
partment, the chief officer of which shall be called the 1 date of the ordinance making the same." ferred to the committee on the incorporation of cities
superintendent of cleaning streets and sewers.” and villages ; reported on favorably by Mr. Blong
Twelfth Amendment. ETT, from said committee, with amendinents; which, Sec. 10th, Art. 1. The section shall read as follows: with the bill, were ordered printed, and the bill “No money shall be borrowed on the credit of the
Sec. 11th, Art. 2. After the word “surveyor," in committed to the committee on the whole : recom corporation, unless the common council shall by law,
twelfth line, insert, mitted to the committee on the incorporation of direct the same, in anticipation of the revenues of the
" Who shall be a practical civil engineer.” cities and villages ; reported on by Mr. BLODGETT, year, in which the same shall be borrowed ; and shall
Thirteenth Amendment. from said committee, with amendments, and again provide in the same law, for repaying the same out
Sec. 12th, Art. 2. Strike out on the ninth and tenth committed to the committee of the whole. of such revenue; such loan shall not exceed in amount,
lines, the following words:
“And council and attorney to the alms-house depart. may be raised by loan, whenever a law providing for To amend the amendments to the charter of the city | the same, shall be passed in each board, by a majority
ment." of New York, adopted by the recent convention of of all the members elected, and shall be approved by
Fourteenth Amendment. that city; and to submit the same to the electors the electors, at any charter election.
Sec. 15th. Art. 2. Strike out the first, secoud, thereof, for their approval or disapproval.
third and fourth lines, these words: The People of the State of New-York, represented in
" It shall be lawful for the common council of said Senate and Assembly, do enact as follows :
Sec. 11th, Art. 1. This section shall read as follows:
city to establish such other departments and bureaus, (Here follows Sec. 1, 2, 3 and 4, of Senate Bill, “ The common council shall have power, and it | as ihey may deem the public interest to require, and to which are set forth in full on pages 687 and 688. See shall be their duty to pass all proper and necessary
assign to them and those now created, such duties as ante. page 687.) laws for regulating the arriving, landing, bonding and
they may direct: But.”
commutation of passengers, for regulating emigrant
other persons engaged in the business of bringing or Sec. 16th, Art. 2. Strike out on the twentieth and To the engrossed bill from the Senate, entitled “Ankeeping, or forwarding emigrants; for regulating com twenty-first lines, the words. “ Three-fourths," and
act to amend the amendments to the charter of the mon schools, and providing for their support ; and all insert "two-thirds." city of New York, adopted by the recent conven- such other laws for the management, good govern
Sixteenth Amendment. tion of that city, and to submit the same to the ment, and general welfare of the city, as are not, or . electors thereof, for their approval or disapproval." may not be prohibited by, or inconsistent with, the
Sec. 19th, Art. 2d. This section shall read as follows: Constitution of the United States, or the Constitution
"All valuation of real and personal estate, by the Legislative Amendments, of this State, or any law thereof; and to aflix penalties
assessors of a ward, or by the board of assessore, and In section first, article first, after the word “it," on
to the violation of any city law; but such penalties all assessments and awards sball be open to public in. the fourth page and first line, insert " as the same are shall in no instance exceed imprisonment in the city spection, at least twenty days, by public notice thereof, now held and enjoyed." prison for sixty days, and a fine of two hundred and
before being certified to the proper department: And First Amendment. fifty dollars."
the assessments made by the assessors, for the city Bec. Ist, Art. 1. Berike out the following words
taxes, shall be made between the first day of January on the two last lines of the section :
and the first day of May, in each year."
Sec. 18th; Art. 1. Strike out the whole section. " And for the laying, assessing and collecting, all /
Ninth Amendment. taxes necessary for the payment of the expenses of
Sec. 23, Art. 1. Add to the last line of the section,
Sec. 20th, Art. 2. Strike out the word "seven," on the city government."
the last line, and insert the word "ten.''
Eighteenth Amendment, Sec. 20, Art. 1. Strike out the following words in same, by an act to be passed for that purpose, at the Bec. 26th, Art. 2. Strike out the word "taken," on this section: | next session thereafter."
the first line, and insert the word "required."
cut off, for I could see part of the first line of another Nineleenth Amendment.
section. It was preseuted simply as a memorial and
the appendage of a bill was not mentioned.] Sec. 4th, Art. 3. Strike out the whole section.
The above Bill is wrong in principle and defective in all Strike out section five, of article three, and insert,
its details. “ No justice of the marine court, or assistant justice or
The application of the corporation of the city of New York
to the Legislature of the State to pass an act in relation to clerk of said court, nor the clerk or partner of any
Buffalo, Rochester and other cities is without precedent. such justice, assistant justice or clerk, shall be permit
The tax laws of the State are very defective, but the comted to practice in the court of which he shall be such mission provided for in the State Constitution to codify the
laws will have the subject betore them for deliberate consid. justice, assistant justice or clerk ; and the violation of
eration—the corporation of the city of New York were not this provision shall incur a forfeiture of such office."
& commission to codify, Twentieth Amendment.
The Bill will be injurious to the city of N. York if it be.
comes a law and besides it is so loose and inadequate that it Sec. 8th, Art. 3. This section shall read as follows: will be a complete entanglement of the tax laws. “ The several special justices for the peace, and the It seeks to tax country produce in the hands of the
Commission Merchant, and funds sent here from abroad to justices of the marine court, and their clerks now in
GENERAL BANKING eleventh lines, the following words: “ In addition to the salary herein provided."
UNDER THE NEW CONSTITUTION. Sec. 11th, Art. 3. Strike out the whole section ; and in the second section of the act hereby amended,
Mr. Hadley, Chairman of the Committee on Banks strike out the following: “a special election to be held therein, on the second Tuesday of February
and Insurance Companies has reported a very importnext," and insert the following:
ant Bill for Safety Fund Banks. This Bill is much “ The charter election in said city, on the second
approved—it is a very well drawn bill and does much Tuesday of April next." Also, strike out the word “ special," where it occurs
credit to the Hon. Chairman. the second time in said section, and insert the word
No. 82. "charter."
February 10, 1847. ANOTHER TAX BILL.
(G. O. No. 98.) ASSEMBLY,
[Reported by Mr. Hadley, from the committee on Saturday Feb. 20, 1847.
banks and insurance companies-read twice, and
committed to the committee of the whole.] Copy of a Bill introduced as a memorial from the Mayor, Aldermen and Commonalty of the City of
AN ACT New-York, by WILSON SMALL, and referred to the
In relation to the Banks under the Safety Fund. Committee on the Judiciary.
The People of the State of New York, represented
in Senate and Assembly, do enact as follows: MEMORIAL
Section 1. Any number of persons, not less than of the Mayor, Aldermon and Commonalty of the City thirteen in number, may associate and form an incor
of New York for a law taxing personal property in porated safety fund bank, in the manner herein prethis State and copy of bill submitted by them. scribed. [Seal] DAVID S. JACKSON,
0 2. Such persons shall file in the office of the
Acting Mayor. || Secretary of State, a declaration signed by all the corAn Act relative to the Assessment and Taxation of
porators,expressing their intention to form a safety fund of personal property.
bank; which declaration shall also comprise a copy
of the charter proposed to be adopted by them; and Be it enacted, &c. &c.
shall publish a notice of such their intention, for at Section 1. Every person or firm having a known
least three months, in a publicnewspaper, in the county abode or place of business within any of the counties
in which such bank is proposed to be located. of this state, and who shall reside, or the members of
3. Every charter so adopted, shall be a copy "verwhich firm or any of them shall reside in any other
batim," of the charter heretofore granted by the Legiscounty of this state, or elsewhere, shall be assessed
lature, to some one of the existing safety fund banks, and taxed in the town or ward within which such place
with only such alteration of names, dates, and amounts, of abode or place of business is situated for his or her
as circumstances shall render necessary. personal property contained in such town or ward or
0 4. The charter thus filed by the corporators, shall for the capital invested in their business in the same
be examined by the Secretary of State; and be cermanner as residents of such county are taxed and
tified by him to be a true copy of the charter hereto. assessed for the personal estate belonging to them.
fore granted by the Legislature, to some one of the 0 2. Every person who shall be assessed and taxed
safety fuud banks, (specifying the name of the bank either individually or as one of a firm under the first
whose charter is thus copied,) excepting the alterasection of this act, shall nevertheless if a resident
tion of names, dates and amounts, as specified in secwithin this State be liable to taxation in the county in
tion three. which he or she may actually reside : and the assessors
0 5. A copy of each charter, so certified by the Secof the town or ward in which such persons shall
retary of State, shall be filed by the corporators, in actually reside shall assess such person for his or her
the clerk's office of the county in which the bank is personal property contained in such town or ward in
to be located; which certificate, or copies of the same, the same manner as other actual residents therein are
duly certified by the Secretary of State, or the county taxed or assessed.
clerk, may be used as evidence, for or against any V 3. All persons and firms having a known place of
such corporation. business within any county of this State and acting as
06. No new safety fund bank shall be formed in agent or agents for any person or persons residing out of this State or for any corporation created by any law
the city and county of New York, with a smaller
capital than one million of dollars ; nor in the county of any foreign state or country and who shall possess
of Kings, or Albany, with a smaller capital than fivo any personal property belonging to such non-resident
hundred thousand dollars; nor in the counties of Renspersons or foreign corporations shall be taxed and
selaer, Oneida, Oswego, Monroe or Erie, with a smallassessed in the town or ward within which their
er capital than three hundred thousand dollars ; nor place of business is situated for the personal property
in any other county in this State, with a smaller capi8o possessed by them within such town or ward in the
tal than one hundred thousand dollars. same manner as if such personal property actually be
0 7. Before commencing business, each new safety longed to such agent or agents.
| fund bank shall be examined by the Comptroller, or REMARK.
by three persons not interested therein, specially ap[There was more added, as I conclude, and then pointed for that purpose by the Comptroller; who
shall certify under oath, that the whole capital of the bank has been paid in, and is possessed by it in money. Copies of sucha certificates shall be filed in the office of the Secretary of State, and in the office of the clerk of the county in which the bank is to be located.
8. The circulating notes of all safety fund banks, shall be registered and countersigned in the office of the Comptroller, and the bank-note plates of each bank, shall remain in his custody.
09. The proportion of issues to capital, which shall be allowed to safety fund banks, shall be that which is prescribed in the act of May 16th, 1837, for the safety fund banks then existing.
10. All existing, or newly formed safety fund banks, shall contribute annually to the safety fund, and pay into the treasury for that purpose, on the first day of January in each year, one half of one per cent. upon their capitals respectively, until the aggregato of the safety fund shall amount to the sum of one million of dollars. The aggregate contributions of each bank to be equal in proportion to capital. .
O 11. When the aggregate of the safety fund shall be one million of dollars, the contributions of such of the banks as shall have contributed to that sum in proportion to their respective capitals shall cease, unless and until the fund shall become impaired by losses. Whenever this shall occur, the contributions shall be resumed, and shall continue until the capital of the fund shall be restored to one million of dollars. And such banks as shall not have contributed to the said fund, in the aggregate, in proportion to their capitals, shall continue to contribute to the fund, although it may amount to one million of dollars or more, until the aggregate of their contributions shall bear proportion to their capitals.
Ø 12. The safety fund shall be invested by the Comptroller in the stock or public debt of the stato of New York, bearing interest at the rate of five per cent. or over, and wbenever any loan shall be made by the State, the Comptroller shall have a right to subscribe at par, for so much thereof as shall be ne. cessary to take up that part of the safety fund on hand in the treasury uninvested ; and such subscriptions shall have the preference over all others offered for such loan.
13. So long as the safety fund shall remain unimpaired by losses, the interest or income received upon it, shall be paid over, semi-annually by the
Comptroller to the several banks which have contri1! buted to it, in proportion to their respective contributions.
14. No safety fund bank, hereafter to be formed, shall adopt the name of any other existing bank in this State, or one so nearly similar thereto, as to lead to misconception or confusion on the part of the public, of which the Secretary of State shall be the judge.
15. The capital of any safety fund bank shall not be reduced by its stockholders during the time for which it shall have been incorporated.
16. Any existing safety fund bank, or any incorporated bank in this State, may at any time, extend its original charter for the space of twenty yean from the time when it shall expire, by filing in the office of the Secretary of State a declaration under its corporate seal, signed by its president and directors, of its desire to do so, together with a copy of its charter ; and by obtaining from the Comptroller his certificate that its capital is unimpaired ; which fact shall be ascertained by the Comptroller upon application to him made, by such bank, either by a per. sonal examination to be made by him, or by an examination by three persons not interested in sach bank, to be specially appointed by the Comptroller, for that purpose, and to be certified by them under oath, and by obtaining from the Comptroller, his certificate that all dues from the bank to the safety fund, have been fully paid ; copies of which certificates, together with a copy of the charter shall be filed in the office of the clerk of the county in which the bank is situated. Any existing safety fund bank or incorporated bank whose capital stock has been reduced pursuant to the provisions of the 34th section of the act, eatitled " An act to create a fund for the benefit of the creditors of certain monied corporations and for other purposes," passed 2nd April, 1829, may, upon renew. ing its charter under this act, increase its capital stock to such amount as the directors shall determine. not exceeding the amount which it was authorized to have before such reduction was made ; and such increase may be made by applying the surplus funds
belonging to such banik rateably, to increase the shares thereof, so much as will be sufficient to restore the capital stock to the amount which such bank was entitled to hold, before such reduction was made ; and if such surplus shall not be sufficient for that pur. pose, further calls may be made on such shares as were not, at the time such reduction was made, filled to the amount allowed by law.
0 17. All charters forined or extended under this act, shall be of twenty years duration each.
18. All safety fuud banks shall be subject to the existing provision of the “ Act to create a fund for the benefit of the creditors of certain monied corporations, and for other purposes," passed April 2d, 1829 : and also to the provisions of such other general laws, regulating banking within this State, as have been since enacted, and are now in force ; and also to the provisions of article 8th, of the amended constitution of the State of New York.
19. It shall be the duty of the president or cashier of each incorporated bank, and of each banking association within the State of New York, to prepare under oath, and deposit in the office of the clerk of the county in which said bank or banking association shall be located, on the first days of January and July in each year, a full and complete list of the stock. holders in such bank or banking association ; speci. fying the places of residence of the said stockholders respectively, together with the number of shares owned or held by thein, and the aggregate amount of the same respectively.
Ø 20. The safety fund of one million of dollars, together with the continued liability of the safety fund banks to keep it good by annual contributions, as prescribed by the Act to create a fund for the benefit of the creditors of certain monied corporations, and for other purposes," passed April 2d, 1829, and also by this act, and together with the personal liability of the stockholders as prescribed by the 8th article of the amended constitution of this State, are hereby declared to be the “ ample security for the redemption of the notes,” &c., contemplated by the 6th section of the said 8th article of the amended constitution.
0 21. No safety fund bank, institution or association, shall be allowed to be established, or continued, or to come in under the provisions of this act, which shall have been established for the mere purpose of circulation, and which shall not have a regular office and do a legitimate business, by discounting paper, and performing the proper functions of a bank, at the place of its location, for the accommodation and use of the citizens of said place and immediate vicinity, and this section shall also apply to any bank, or association beretofore formed, or hereafter to be formed under the " Act to authorise the business of banking," passed April 18, 1838, or any of the acts amendatory thereof.
322. This act shall take effect immediately.
buted it to the absence of objects of comparison. It || composed of the soft and yielding tuff, is easily ex-
under the equator, the climate is far from being an unusual degree of fatigue arising from a little
excessively hot. This seems chiefly caused by the exertion, habit being thus opposed to the evidence of
singularly low temperature of the surrounding water, the senses. I am sure that this extreme clearness
brought here by the great Southern Polar current. of the air gives a peculiar character to the landscape,
Excepting during one short season very little rain all objects appearing to be brought nearly into one
falls, and even then, it is irregular ; but the clouds plane, as in a drawing or panorama. The transpa.
generally hang low. Hence, whilst the lower parts rency is, I presume, owing to the equable and high
of the islands are very sterile, the upper parts, at a state of atmospheric dryness. This dryness was
height of a thousand feet and upwards, possess a damp shown by the manner in which wood work shrank
climate and a tolerably luxuriant vegetation. This (as I soon found by the trouble my Geological ham
is especially the case on the windward sides of the mer gave me) ; by articles of food, such as bread and
islands, which first receive and condence the moistsugar, becoming extremely hard ; and by the pre
ure from the atmosphere.
In the morning (17th) we landed on Chatham Island, same cause we must attribute the singular facility
which, like the others, rises with a tame and rounded with which electricity is excited. My Hannel waist
out line, broken here and there by scattered hillocks,
the remains of former craters. Nothing could be less coat, when rubbed in the dark, appeared as if it had been washed with phosphorus ; every hair on a dogs
inviting than the first appearance. A broken field of back crackled; even the linen sheets, and leathern
black basaltic lava, thrown into the most rugged waves, straps of the saddle, when handled, omitted sparks.
and crossed by great fissures, is everywhere covered March 23rd.--The descent on the eastern side of
by stunted sunburned brushwood, which shows little the Cordillera is much shorter or steeper than on the
signs of life. The dry and parched surface, being Pacific side ; in other words, the mountains rise more
heated by the noon-day sun, gave to the air a close abruptly from the plains than from the alpine country
and sultry feeling, like that from a stove : we fancied
even that the bushes smelt unpleasantly. Although of Chile.
I diligently tried to collect as many plants as possible, A level and brilliantly white sea of clouds was
I succeeded in getting very few; and such wretched stretched out beneath our feet, shutting out the view
looking little weeds would have better become an of the equally level Pampas. We soon entered the
arctic than an equatorial Flora. The brushwood ap. band of clouds, and did not again emerge from it that day
pears, from a short distance, as leafless as our trees About noon, finding pasture for the animals, and
during winter; and it was some time before I dis. bushes for firewood at Los Arenales, we stopped for
covered that not only almost every plant was now in full the night. This was near the uppermost limit of
leaf, but that the greater number were in flower. The bushes, and the elevation, I suppose, was between
commonest brush is one of the Euphorbiaceae : an seven and eight thousand feet.
acacia, and a great odd looking cactus are the only I was much struck with the marked difference trees which afford any shade. After the season of between the vegetation of these eastern valleys and heavy rains the islands are said to appear for a short those on the Chilian side ; yet the climate, as well time partially green. The volcanic island of Fernando as the kind of soil, is nearly the same, and the Noronba, placed in many respects under nearly similar difference of longitude very triding. The same remark conditions is the only other country where I have holds good with the quadrupeds, and, in a lesser seen a vegetation at all like this of the Galapagos degree, with the birds and insects. I may instance islands. the mice, of which I obtained thirteen species on the shores of the Atlantic, and five on the Pacific, and not
The Beagle sailed round Chatham Island, and one of them is identical. We must except all those
anchored in several bays. One night I slept on shore species which habitually or occasionally frequent ele
on a part of the island where black truncated cones vated mountains, and certain birds which range as
were extraordinarily numerous: from one small emi. far south as the strait of Magellan. This fact is in
nence I counted sixty of them, all surrounded by perfect accordance with the Geological history of the
craters more or less perfect. The greater number conAndes ; for these mountains have existed as a great
sisted merely of a ring of red scoriae or slags, cemenbarrier since the present races of animals have ap
ted together, and their height above the plain of lava peared, and therefore unless we suppose the same
was not more than from filty to a hundred foet: none species to have been created in two different places,
had been very lately active. The entire surface of this we ought not to expect any closer similarity between
part of the island seems to have been permeated, the organic beings on the opposite sides of the Andes
like a sieve, by the sublerranean vapours : here and than on the opposite shores of the ocean. In both
there the lava, whilst soft, has been blown into great cases, we must leave out of the question those kinds
bubbles, and on the other parts, the tops of the caverns which have been able to cross the barrier, whether
similarly formed have fallen in, leaving circular pits of solid rock or salt water.
with steep sides. From the regular form of the many
craters, they gave to the country an artificial appear. GALAPAGOS ARCHIPELAGO.
ance, which vividly reminded me of those parts of September 15th.--This archipelago consists of ten Staffordshire where the great iron foundries are most principal islands, of which five exceed the others in size. numerous. They are situated under the equator, and between
STERILITY AND SALT. five and six hundred miles westward of the coast of America. They are all formed of volcanic rocks; a Further inland, during the whole ride of fourteen few fragments of granite, curiously glazed and altered leagues, I saw only one other vegetable production, by the heat, can hardly be considered as an excep and that was a most minute yellow lichen, growing tion. Some of the craters surmounting the larger on the bones of the dead mules. This was the first islands are of immense size, and they rise to a height true desert which I had seen : the effect, on me was of between three and four thousand feet. Their not impressive; but I believe this was owing to my fanks are studded by innumerable smaller orifices. I || having become gradually accustomed to such scenes, scarcely hesitate to affirm that there must be in the as I rode northward from Valparaiso, through Cowbole archipelago at least two thousand craters, quimbo to Copiapo. The appearance of the country These consist either of Lava and Scoriae, or of finely was remarkable, from being covered by a thick crust stratified, sandstone-like tuff. Most of the latter are of common salt, and of a stratified saliferous allubeautifully symmetrical, they owe their origin to vium, which seems to have been deposited as the eruptions of volcanic mud without any lava : it is a land slowly rose above the level of the sea. The remarkable circumstance that every one of the twenty salt is white, very hard, and compact : it occurs in eight tuff craters which were examined had their water-worn nodules projecting from the agglutinated southern sides either much lower than the other sides, sand, and is associated with much gypsum. The appearor quite broken down and removed. As all these ance of this superficial mass very closely resembled craters apparently have been formed when standing that of a country after snow, before the last dirty in the sea, and as the waves from the trade-wind and patches are thawed. The existence of this crust of the swell from the open Pacific here unite their à saluable substance over the whole face of the forces on the southern coasts of all the islands, this country shows how extraordinarily dry the climate singular uniformity in the broken state of the craters, I must have been for a long period.
The increased brilliancy of the moon and stars at this elevation, owing to the perfect transparency of the atmosphere, was very remarkable. Travellers having observed the difficulty of judging heights and distances amidst lofty mountains, have generally attri