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The several members elected at the last election in the eight senate districts of this State, whose names are designated by an asterisk, having taken and subscribed, before the honorable Edward P. Livingston, Lieutenant-Governor, the oath required by law, Mr. President took the chair.

Thereupon,

Ordered, That Mr. McLean and Mr. Rexford wait upon his Excellency the Governor, and inform him that the Senate are met, and ready to proceed to business.

Ordered, That Mr. Hubbard and Mr. Mather wait upon the Assembly with the like message.

Mr. McLean reported that Mr. Rexford and himself had waited on the Governor, and delivered the message of the Senate, when his Excellency was pleased to say, that as soon as he received a similar message from the Assembly, he would transmit a message to both branches of the Legislature.

Mr. Hubbard reported that Mr. Mather and himself had waited upon the Assembly and delivered the message of the Senate.

A message was received from the Assembly, delivered by Mr. Moulton and Mr. Tilford, informing, that the Assembly were organized and ready to proceed to business.

A message from his Excellency the Governor, delivered by his private secretary, was read in the words following, to wit:

GENTLEMEN OF THE SENATE, AND OF THE ASSEMBLY:

In contemplating the occurrences of the past year, we cannot be too grateful to the Ruler of events for our condition, as contrasted with that of the people under other governments. While we are happy, in the enjoyment of peace and plenty, without restraint, under the mild influence of institutions of our own choice, and laws of our own enactment; they have been agitated with alarms, wasting themselves with internal or external warfare, and submitting to cruel sacrifices in their efforts to reform abuses, or to revolutionize their governments.

We, as men and as republicans, cannot be indifferent spectators of the struggles of liberty in any part of the globe, whether in the old or the new world, in classic Greece, heroic Poland, or along the shores of the Oronoke or La Plate. But for the wreck of Poland's hopes we have peculiar regrets. We cannot forget that her gallant sons, animated by the most disinterested love of liberty, and looking upon tyranny every where as the common enemy, encountered it in our army, and shed their blood in our defence. That generous and chivalrous nation, in this day of her adversity, is entitled to, and receives from us, fraternal sympathy.

The wealth, the trade, and the external pomp of a nation, do not always indicate a happy condition of the people who compose it. Through the perversions by man, of the blessings which a kind Providence designs for all his reasonable creatures, we sometimes witness the incongruity of great apparent national prosperity, while a large proportion of the population, deprived of every comfort, are absorbed in the cares of procuring the means to sustain life. It is

hot so with us. Here national prosperity is the prosperity of every individual. Not a cent is contributed by way of tax, not a dollar is expended from the public coffers, which is not assented to by the people, and employed to enlarge their means of enjoyment. Yet, with all these advantages, gloomy patriots have presaged a speedy downfall of our government; and there have not been wanting others, who have employed themselves to convert such forebodings into history.

Some reflecting statesmen among us have entertained a distrust of the perpetuity of our free institutions, from the tendency of large masses of people to blind infatuation, and common errors of opinion; and others from the possibility of legislating our constitution into something different from its fair import; while a common infirmity of human nature disposes us to change our position, whatever may be its advantages.

The ancient democracies were composed of small communities, and from the first of the above causes, were of short duration. These examples, however, should give us no alarm, because we enjoy advantages for a durable republic, which were formerly unknown, in the superior intelligence of the great body of the people, and in the extension of our popular institutions so as to embrace a great nation. Nor should we anticipate uninterrupted quiet, for communities the most enlightened may occasionally be affected by the contagious phrenzy of popular delusions, and push blindly forward to deeds of fatuity; yet in such, the clouds of passion soon pass away, and illfounded or ill-directed excitements vanish in the neighborhood of their source.

In relation to the second source of distrust, questions arise which always have divided, as they always will divide, the political opinions of the people. Hitherto all attempts which have been made to give, by legislation, a permanent enlargement to the provisions of the constitution, have, in the most unequivocal manner, been repelled by the people. Our present chief magistrate commended himself to the suffrages of his fellow citizens, by his ability, the patriotism of his personal sacrifices, and the soundness of his views on all these questions; and he owes their increasing affections, as well to the frank and fearless manner in which he has since avowed these opinions and acted upon them, as to the success, both at home and abroad, which has attended the measures of his administration.

The President's recent message to Congress presents a gratifying picture of our foreign relations and internal condition. We have nothing to fear from collision with any foreign power, and with some of the principal nations of Europe our differences of long standing have been adjusted, and our intercourse is upon the footing of reciprocal good will. At home, industry is branching into new channels, and its productiveness is evinced in public enterprizes for improving the internal condition of the States, and in a more general diffusion of individual wealth.

This state is so happily situated, from its geographical position, its fertile soil, its facilities for conducting manufacturing operations, its mineral treasures, and its great commercial city, that no general

causes of prosperity can prevail, without a large share of their advantages being enjoyed by us.

The revenues derived to the general government from commerce are annually increasing, although our home industry has recently supplied our markets, wholly or in part, with many articles which formed a material proportion of our importations. Increase of revenue under such circumstances, affords another evidence of our prosperity, because the desire of enjoyment increases with the means of gratifying it; and so the amount of foreign trade is a proof of the wealth, as well as the wants of a nation.

The revenues are so abundant as to admit of no doubt that the national debt will be entirely paid off in the course of two years: indeed the President expresses his belief, that it may be extinguished during his present term of office. When this event occurs, it will be hailed with great joy by the people of this country, not so much on account of the burden which will have been removed, as by reason of its settling a political doctrine respecting debts contracted on legislative authority, by a precedent adverse to the theory which obtains under governments differently constituted.

Whatever may be thought of the fitness of borrowing money on the credit of the government, for its defence, or to prosecute great enterprizes for the durable benefit of the country, no person can question the injustice of transmitting to those who come after us the burden of a heavy debt. No public debt should be created, but with ample provision for its liquidation within a reasonable time. It has never yet been determined by the representatives of a free people, what extent of moral obligation rests upon them to provide for the discharge of a debt, forwarded on for payment, by their predecessors in power.

The financial condition of our State is a source of congratulation. We have large funds secured for common schools and literary purposes; a large capital has been invested in internal improvements; and the State owes no debt except for the construction of its canals.

By a law of the last session, all the fiscal accounts of the State are to be closed on the thirtieth day of September, instead of the thirtieth day of November, as formerly established. The exhibit therefore for the present year will embrace the transactions of ten months only, and the sums given must be taken with that qualification.

The canal debt amounted on the first day of January, eighteen hundred and thirty-one, to seven millions, eight hundred and twenty-five thousand and thirty-five dollars. Nine thousand six hundred and fifty-three dollars of the stock has been cancelled, and two hundred and forty thousand, two hundred and sixty-three dollars has been borrowed during the past year for continuing the works upon the Chemung and Crooked lake canals, so that the debt on the first day of January instant, amounted to eight millions, fifty-five thousand, six hundred and forty-five dollars.

The receipts into the treasury, of revenue on account of the canal fund during the past year, to the thirtieth day of September last, are: On account of tolls, seven hundred and twenty-two thousand, eight hundred and ninety-six dollars; from other sources, three hun

dred and seven thousand and twelve dollars. These receipts, however, do not include the collections of toils and salt duties for the month of September, as the arrangements with the depositing banks do not make these collections payable into the treasury, until the fifteenth day of October.

The expenditures for the same time, on account of interest, repairs, superintendence, &c. amount to the sum of five hundred and six thousand, eight hundred and sixty-six dollars; which, deducted from the receipts, leaves five hundred and twenty-three thousand and forty-five dollars, which has been added to the fund under the control of the Commissioners, applicable to the extinguishment of the canal debt.

This fund, amounting to two millions, two hundred and thirtyeight thousand, one hundred and ninety-eight dollars, and which deducted from the canal debt, leaves the balance of that incumbrance five millions, eight hundred and seventeen thousand four hundred and forty-seven dollars, is either vested in stocks or deposited in banks, at various rates of interest, from three and a half to five per

cent.

It may be satisfactory to state, in addition to the operations of the fiscal year, that the whole amount of tolls received upon the canals up to the time of closing the navigation, is one million, two hundred and twenty-two thousand, four hundred and twenty-three dollars, of which, twenty-eight' thousand, nine hundred and eighty-eight dollars, were received from the Oswego and Cayuga and Seneca canals.

The nominal amount of the general fund, on the thirtieth day of September last, was one million, one hundred and thirty-one thousand, two hundred and twenty-one dollars; its real value is supposed to be eight hundred and five thousand, nine hundred and eighty-seven dollars. The estimated receipts from it, applicable to the expenses of the government for the ensuing year, is one hundred and twelve thousand and one hundred dollars. The estimated expenditures for the same time, is two hundred and sixty-nine thousand, nine hundred and sixty-seven dollars. The actual payments out of the treasury during the past year, up to the thirtieth day of September, for the ordinary expenses of the government, including the incidental appropriations of the last session of the Legislature, amounted to two hundred and sixty-five thousand, five hundred and two dollars.

The amount of expenditures above the actual receipts of revenue, was paid out of the receipts into the treasury from the principal of the general fund, avails of the sales of escheated lands, and principal and interest of the school fund. The contributions from the last mentioned source will be refunded by a transfer of securities from the principal of the general fund.

Having in my former messages given a precise and full account of the condition of the treasury, it will not be necessary for me now to present the state of our finances more at large.

As the time is fast approaching when the means now at command to supply the disbursements of the government will be exhausted, and when new sources of revenue must be opened, I feel it my duty

to keep you admonished of the fact, and to suggest such measures of relief as occur to my mind.

Our great and growing State, from its extent, population, and activity in commerce and the productive arts, will require for its ordiuary expenses, and to cherish its various interests, a large annual expenditure of money. The common schools are now adequately provided for, and liberal appropriations have been made for the adyancement of education in higher departments; but the time may come when the funds set apart for their use must be enlarged. The interests of learning will in various forms require both occasional and permanent aid from the government; crime must be punished, vice suppressed, and the helpless taken care of. The physical resources of the State mast be developed by extending to sections which have never partaken of the public bounty, the benefits of the public enterprize. The iron regions of the north should be opened to their appropriate markets; and the southern and southwestern counties should, through their various practicable channels, find outlets for their rich and valuable products.

It is, I conceive, one of the most imperative duties of a government to open, as far as it has the means to do so, consistently with other interests, all the important avenues for the trade of the State. The discharge of this duty should not be confided to private interests, with its direct as well as incidental power and influence, without necessity. We have already reaped much profit as well as glory in the construction of our two canals, along the main channels of the trade of the State. These enterprizes were justified by plain indications, both of their utility and probable returns of profit, and the repayment of the debt was secured by an adequate appropriation from the public treasury.

I would not recommend a burden upon the people by way of tax, as heavy as that voluntarily assumed by our patriotic neighbours in Pennsylvania and Ohio; and I hope that by avoiding a large debt it will be unnecessary; but I propose to lay the foundation of a State fund to be sacredly appropriated to the purposes of internal improve

ments.

The means for the creation of a fund, and for revenue to defray the ordinary expenses of the government, are the residue of the general fund, the small remains of unappropriated land, the power of partial taxation, and of laying a general direct tax: the means in prospect are, the auction and salt duties, and tolls of our canals, when they shall be released from constitutional restrictions.

I had hoped that the people of the United States would see the justice and propriety of allowing the States to share in a fixed amount and permanent distribution of the surplus revenues; but the times seem unpropitious to measures for obtaining the necessary amendments of the constitution for that purpose. A hope is held out to us, that the public lands, or the proceeds of the sale of them, may be distributed among the States.

If we should be thrown upon the necessity of imposing a direct tax to raise revenue for any purpose connected with the public welfare, I have sufficient confidence in the patriotism and intelligence

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