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CHAPTER XII.

George R. Davis nominated and elected Speaker-Governor's MessageGov. Bouck's Birth and Education-Lyman Sanford appointed Adjutant-general-Agitation of the Presidential Question at Washington— Proceedings on board the Brig Somers, and death of Mr. Philip Spencer -South Carolina Legislature nominate Mr. Calhoun for PresidentCharacter of the State Officers in 1823-Course of the Governor-Contest respecting State Printer-E. Croswell, H. H. Van Dyck-E. Croswell appointed State Printer-Albany Atlas-Mr. Wright re-elected United States Senator-Mr. Dickinson's Resolution in relation to the conduct of Gov. Bouck as Canal Commissioner-The distribution of the Books containing the result of the Geological Survey-Young and Dickinson-Bill for abolishing the Office of Bank Commissioner-Rejection by the Senate of nominations made by the Governor.

THE legislature assembled on the third day of January, 1843, and on the evening previous a caucus was held by the democratic members of the assembly, for the purpose of selecting the officers of that house. George R. Davis, of Rensselaer county, the same gentleman who in 1831 was chosen and officiated as speaker, was unanimously nominated for the same office in the caucus, and without a ballot; but in selecting a candidate for clerk, there appeared to be some difference of opinion. On the first ballot Henry N. Wales, of Albany, received 47 votes, which was not a majority of all the votes cast. On the second ballot William W. Dean, of Otsego, received 29 votes, and Mr. Wales 53, who was thereupon declared duly nominated.

The new governor began his message by declaring that he regarded the public welfare above all mere par

ty considerations. "If I do not very much mistake,” says the governor, "the feelings of the people, they desire repose from high party excitements, and exemption from those frequent changes in public measures that affect the business relations of the country; and I indulge the confident hope that the legislature will co-operate with me in acting upon the principle of placing the public welfare above all mere party considerations."

As respects the relations of the states with the general government, the governor denounces several of the late acts of congress as unconstitutional encroachments on the independence of the states. He says:

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'Within the last two years, there have, in my judgment, been several unwarrantable assumptions of power on the part of the federal government. The right to collect money from the people in any form, for the purpose of distributing the same among the states, has not been delegated to the general government. So long as the whole revenue of the United States is required for the purpose of carrying on the operations of the gov ernment, it matters not what particular moneys are taken from the treasury for the purpose of distribution. Whether it be the proceeds of the sales of the public lands, or the same amount of money collected from imposts, or by direct taxation, it is nothing less than collecting money from the people, for the purpose of returning a portion of it to them in another form.”

He also complains of the late law of congress requiring the legislature of each state to pass laws for the election of members of the United States house of representatives by single districts, and of the general bankrupt law. He intimates an opinion that that part of the last-mentioned statute which permits a bankrupt to be

discharged from his debts, without the consent of his creditors, is unconstitutional. While the governor, with respect to the subjects just alluded to, manifests a laudable and vigilant care for the preservation of the independence of the states, he acquiesces with philosophical resignation and tokens of approbation in the decision of the Supreme Court of the United States, that the law of this state which secured to the people of color who claimed the right guarantied to the citizens of the United States, of trial by a jury of the country, when their personal liberty, and indeed the right to their own persons were drawn in question, was unconstitutional and void. The governor therefore recommends the repeal of all the laws of this state which afford to the negro claimed to be a fugitive from service, any opportunity of defending himself in this state against such claim.

On the subject of the joint resolution, proposed by Mr. Strong, which Governor Seward refused to forward to the executive of Virginia, as related in the last chapter, Mr. Bouck says:

The federal constitution has also provided, that 'a person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall, on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.' At the last session of the legislature, a concurrent resolution was adopted by the two houses, declaring that in the opinion of this legislature, stealing a slave within the jurisdiction and against the laws of Virginia, is a crime within the meaning of the second section of the fourth article of the constitution of the United States.' I deem it proper to say, that this resolution fully accords with

my own judgment. Although such an act may not be forbidden by our laws, the stealing of a slave has been declared to be a crime in other states; and if a transgressor of their criminal laws flee within our jurisdiction, we are bound by compact not to screen him."

With respect to internal improvements, the governor said:

"I recommend to your careful and attentive consideration the subject of internal improvements by roads and canals, which are eminently calculated to aid the enterprise and promote the welfare of the people. There are few subjects in which our citizens feel a deeper interest, or that are more intimately connected with the character and prosperity of the state. But in making this suggestion, I must not be understood as recommending extravagant expenditures, or ill-advised undertakings. The system should have for its object the general welfare, and as far as may be practicable, should be based on an equal distribution of the means of the state for such purposes."

He states that the loans by the state to railroad companies amounted to $5,235,700. He informed the legislature that the New York and Erie Railroad company, to whom the state had loaned three millions of dollars, and the Ithaca and Owego and Canajoharie and Cattskill companies, had failed to pay the interest on their loans from the state; that in consequence of this default "the two latter had been sold at auction, and that the sale of the former was postponed till the first Tuesday of May then next."

The governor rather timidly indicated, that in his judgment a less stringent course should be pursued in regard to canal expenditures, especially in completing

the works already commenced, than was authorized by the financial act of 1842. He says:

"I am convinced that the completion of the unfinished work at the Schoharie creek, at Spraker's, at Canajoharie, Fort Plain, the Indian Castle creek, at Syracuse, the work connected with the reduction of the Jordan level, at Macedon, and at Lockport, would be essentially useful, and some of it may be indispensably necessary.

"The speedy completion of the Black River Canal and feeder to and including the summit level, and the Genesee Valley Canal, as far as the first feeder from the Genesee river south of Portage, is doubtless anxiously desired by the friends of these improvements. I do not feel that I should faithfully discharge my duty did I not recommend for your careful consideration these portions of the public works. This should of course be done with strict reference to the financial condition of the state.

"The present low prices of labor and provisions are highly favorable to a successful prosecution of the works now under contract, and they should be resumed as soon as a just regard to the public welfare will permit. But great caution should be observed in increasing the state debt, already too large. That the state has the ability eventually to complete all her works which have been commenced, cannot, in my opinion, be questioned."

The governor states the public debt, exclusive of the available means in the hands of the commissioners of the canal fund, to be $23,330,083.15. He also states that "the revenue for the year ending the 30th September last, has been materially affected by a reduction in

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