CHAPTER X.

Continuation of the Political History of the State of New York-Catalogue of the Senators-Whig and Democratic Caucuses for nomination of Speaker-P. B. Porter, Jr. chosen Speaker-Governor's MessageGeneral Root's Resolution to amend the Constitution of the United States Virginia Controversy-The Glentworth Fraud-Removal of Robert H. Morris from the Office of Recorder of New York-Frederick A. Tallmadge appointed his successor-Proceedings on the Bill to Abolish Capital Punishment-Bill for the appointment of County Superintendents of Common Schools-John C. Spencer-His talents and labors-E. S. Randall-Francis Dwight-General Harrison's Inauguration-His Cabinet-His Death-Mr. Tyler's Cabinet-John C. Spencer Secretary of War-Trial and Acquittal of Alexander McLeodWilliam Kent appointed Circuit Judge of the First Circuit-Death of Bates Cook-Result of the election in November, 1841.

ALTHOUGH the electoral ticket in favor of Gen. Harrison had obtained a majority of 13,202 over the democratic candidates for electors, the majority of Governor Seward over Mr. Bouck, who was the candidate of the adverse party, was only 5,203, and in the popular branch of the legislature the whigs barely obtained a majority,— for there were 66 whigs and 62 democrats elected; thus showing that the whig strength in the state had continued. steadily to decline since their great success at the election in the autumn of 1837. Mr. Bouck, however, may have received rather more than a strict party vote, by means of the strong vote for him in his own native county, Schoharie, and his great popularity along the line of the Erie Canal, where he had so long officiated as canal commissioner.

The senate consisted of the following persons:

1st District. Gulian C. Verplanck, Charles Freeman, Minthorn Tompkins,* John B. Scott.*

2d. Henry A. Livingston, Daniel Johnson, John Hun

3d. Friend Humphrey, Alonzo C. Paige,* Erastus Root, H. W. Strong.*

4th. Martin Lee, Bethuel Peck, James G. Hopkins, John W. Taylor.

5th. Avery Skinner,* Joseph Clark,* Sumner Ely,* Henry A. Foster.*

6th. Laurens Hull, Alvah Hunt, Andrew B. Dickinson, Nehemiah Platt.

7th. John Maynard, Robert C. Nicholas, Mark H. Sibley, Elijah Rhoads.

8th. William A. Mosely, Henry Hawkins, Abraham Dixon, Samuel Works.

The gentlemen whose names are placed last in the catalogue from each district, were chosen at the election in November, 1840. To the name of each democrat we have placed a star, by which it will be seen that the senate this year consisted of 21 whigs and 11 democrats. Of the members chosen at this election, those from the fourth, sixth, seventh, and eighth districts were whigs, and in the remaining four districts the democratic candidates were chosen.

The legislature met on Tuesday the fifth day of January, but on the evening previous a caucus of the whig members of the assembly was held for the purpose of nominating their officers. Every whig member elected was in attendance. After organizing, the meeting proceeded to ballot for speaker; and on canvassing the ballots, it appeared that PETER B. PORTER, Jr., of Niagara

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county, nephew of Gen. Peter B. Porter, the late secretary of war, had received 46 votes, and John M. Holly, of Wayne, we presume a son of the late Myron Holly, 19. Mr. Porter was of course declared the nominee. Philander B. Prindle, of Chenango county, the popular clerk of the last house, was unanimously nominated clerk. On the same evening, the democratic members held a meeting for the same purpose which had induced that of the whigs, when LEVI S. CHATFIELD, of Otsego, was nominated for speaker, and William W. Van Zant, of Albany, for the office of clerk. In the caucus, upon balloting, Mr. Chatfield received 45 votes, and Michael Hoffman 11.

Upon the assembly being called to order by Mr. Prindle, on Tuesday morning, Mr. Porter received 65 votes, and Mr. Chatfield 60; whereupon Mr. Porter was declared speaker, and conducted to the chair, from which he briefly addressed the house, as is usual on such occasions, and in an appropriate manner. Immediately after the organization of the house by the appointment of its officers, the message of the governor was announced and read. It was lengthy, but was, as all had anticipated, able and eloquent. We cannot here give even a skeleton so as to present, as it were, in miniature, this elaborate message, and shall only attempt to exhibit some of its more prominent features.

In relation to the fiscal concerns of the state, the governor stated that the amount of duties on auction sales received for the last year into the treasury, was $164,621.38, and on salt, $155,961.16; that the amount received for duties on sales at auction was $60,780.46 less than had been received the preceding year; and that within the same time there was a falling off in the re

ceipts for the tax on salt of $33,301.96: the auction duties, he alleged, were diminished in consequence of the depression of commerce during the last year, and that the income from the salt works was reduced for the reason that less salt had been manufactured. This diminution in the quantity of salt manufactured he attributed to an insufficient supply of salt water. He stated that the whole amount of tolls and for rent of the surplus waters received from all the canals during the preceding year was $1,608,827.45; that the amount of charges for repairs and other expenses on the canals, was $586,011.87; and he expressed his gratification that the net income accruing from the canals during the year 1840, had increased $159,365.55 beyond the amount received during the year 1839.

The governor stated that the sum which had been and would be expended by the first day of March then next, for enlarging the Erie Canal, would amount to $7,538,832; and that to complete the enlargement would require an additional expenditure, according to the “corrected" estimate of the canal commissioners, of $15,573,954. This great work, he thought, might be completed in the spring of the year 1847.

With respect to the Black River Canal, he informed the legislature that $1,180,097.66 had been expended on it, and that the whole cost of the work would be $2,431,699.29.

The whole expense of constructing the Genesee Valley Canal, he said, had been estimated at $4,900,122.79, of which $2,500,000 had already been expended.

He alluded, in terms of high commendation, to the ef forts which were being made by the various railroad companies to complete their respective enterprises. And he

stated that the whole debt of the state at that time, exclusive of its liabilities for incorporated companies, and its loans to those companies, amounted to $15,064,746.33.

Experience soon afterwards proved that Gov. Seward placed too much confidence in those chartered companies, especially the New York and Erie Railroad Company, to whom the state had loaned its moneys and its credit; by means of which loans and liabilities, the state debt ultimately proved to be much larger than he anticipated.

The governor rapidly reviewed the condition of our courts of law and equity, and strongly recommended a new organization, and a reform in our system of jurisprudence. He alluded in a very proper manner to the controversy between him and the governor of Virginia, to which he had called the attention of the legislature in his last annual message. He expressed a cordial approbation of the late law abolishing imprisonment for debt; and as imprisonment for debt was still tolerated and enjoined by the laws of the United States, he recommended that this state should deny the United States the use of their prisons to incarcerate unfortunate debtors, unless such debtors have been guilty of fraud.

In view of the short period that the law requires of foreigners to reside in the state before they are entitled to vote at our elections, the governor urges, with great force, the propriety of providing for the education of the children of foreigners. He alludes to the alarming fact which appeared from the late census, that there were in the state of New York 43,871 white persons, over the age of twenty, who could neither read nor write. On this subject the governor says:

"Not much, however, can be accomplished by legisla