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Ui' ^ ;->J«J $ » * ssf. i>. HP lit ™M m <> IB Wl Kfe- are so ptaftMitf simple, that there cenand the!* a s s i s t * its «|ttia|ig a h ^ l j # ^ ni ? re **""* ° ,a<s r*5"? d 5?T ^ 1 " confess fcatt* $to% % thilfcSffitfc M>me& mm m the states wtio are as mi aueottomAefe^tttres andthelffe«apabte of adnumsteni.gr the goverament members of their wants and their wishes. Whenever I fell in company with a num- ber of the officers of the army, I was sure of being reminded of the parsimony of con- gress, and of being told ho* poorly .they wererpaid. Thejudges of the district of Columbia, a distrid«cli ought to pay to^wa judg- es, were one or other of them, ever com- ining of the parsimony of congress^ and giog for a Jaeger salary. * Tht most important beggars of all were the higher officers. With those I have oc- casienally dined, and where the greatest profusion prevailed. There might be seen fresh beef, pork and butter from Maryland $ mutton from Pennsylvania; bams from Burlington $ turkeys and chickens from Tirgiinaj pickled beef and codfish from Massachusetts; potatoes from Carolina and Maine; wild fowl and fresh fish from the Potomac, salmon from Canada^ oysters from New-York j olives and spices from both the Indies} raferot andfigsfromthe MeUHefraneahj nutsfrom Germany, Italy, and the Mississippi; brandy from Nantz; rum from Jamaica; gin from Holland; che^sefromthe^etherlandsyfrom England and from Connecticut; wines from Spain. France, Germany, Portugal, Madeira, and the CJape of Good Hope ; and porter from London* While the cloth was removing and the glasses replacing* some sycophant, (per- haps a member of congress,) was sure to commence a dissertation on the parsimony of our government and the inadequate com- pensation given to our officers. The more frequently the .glasses .were emptied the more attention was paid to the orator, until his doctrine was echoed from side to side. Too often have the guests carried the in- fatuation away with them, and I have had occasion to intreat them to resume their reason; and their common sense—referring them to what their eyes had seen and their lips had tasted, to convince them that, in- stead of being, parsimonious the govern- ment gave too much to their officers, when they enabled them to feast their guests in a style soforabove the medium of good-liv- ing. I reminded them that a man was much the creature of fashion and imitation, and fe?gged them to look around and con- sider what a number there was plunging themselves into ruin and misery, by their endeavors to furnish a table that we had lately sat at$ always insisting that it was impolitic, as well as immoral, to appropri- ate the hard earnings of the people tor the •encouragement and support of such volup- tuousness. Ljiave been led to these recollections and •reflections by the perusal of the before mentioned extract from a Washington city paper, which says, " This place can never . 4ie tedious. The pleasures of the day are succeeded by the pleasures of the night ; for the president and his four secretaries, by means of drawing rooms and paities, have appropriated the nights to pleasure as well as the day. Qne would be led to be- lieve that members of congress and stran- gers of distinction, would be surfeited by. this continued succession, of delights, and, ' like the bee, die on the rose in aromatic pain.' But uo such thing—their appetite* are rather sharpened than blunted by per- petual indulgence, and the poor secretaries, who are all looking up to the presidency, are obliged to feed and plaister them on all occasions." Is it lor this that the people of the na- tion send representatives to Washington, and pay each of them $56 a week ? Is it to spend their nights in revelry and their days in slumber, that they have been sent there ? Is it to enable the higher officers of the government to " feed and plaister," to cor- rupt and prostitute their representatives, that they have suffered the late great in- crease of their salaries to pass almost unno- ticed ? If this aputhy is continued, they will only merit the political degradation and perdition which infallibly awaits them. I, by no means, consider it amiss for the president to invite members of congress and strangers of distinction to call upon him andaine with him, or for a drawing room entertainment, once in a while, to be given at his house. At those convivial meetings, the president has an opportuni- . ty to become personally acquainted with his guests, and they with him and with one another. Their sentMthents and opinions are frequently interchanged. Th#|rac- tice prevailed in the early sdfges of the government, and for its support, a superb mansion, ready furnished, is provided, and $2.;,000 salary for the president is appro- priated. But, at the rate things seem to be going on, the poor secretaries are not to leave off feeding and plaistering, nor congress giving, until each of them have $2-5,000 a year to support this magnificent : ''succession of delights ; M those u pleasures by day * and "pleasures by night/' so , boasting!}' spoken of b$ the Washington , ^ f e r - w h o tells us tfeeiie^ejarles are all locking up to the presidency: and it ^ ^ ^ t e f h e n m ofthe*taleytbat one or |||er*^f thein is expected to be foisted ^ | ^ i ^ | l ^ s 1 | e i i t j a i cjiair by this banquet* ; '^ ' J mBj&k£» mucjabe practice of the ^..^^Ite^^Pthe'etectorsbip to*pledge, theqpclve* to f # t f ? r J » » 0* #»* paificu- 1 "^-^- "^ «ami%4j«gtit*ci be dis* ice-president, that •ew&niett, who r mmoa* * -Sati**' the number of exceptionable characters, who aspire to the station, is comparatively small. 17th CONGRESS—2nd Session. Washington, Monday, Dec. 23. In the Senate, the resolution submitted by Mr. Johnson, of Ken pn Friday, calling on the Executive for information relative to the manufacture of arms, &e. was taken up and agreed to. A debate of near tiro hours arose on the bill for the relief of John Byers. who claims an indemnity for the depreciation of government fund* expended by him in purchasing provis- ions during the lane war. In the flouie of Represeotatif es, twenty- three petitions were presented and referred to different committees. A memorial was presented by Mr. Gorham, of the merchants and others, inhabitants of Boston, interested 10 commerce, representing many defects in the present system for the coUectioo of duties on imports and tonnage, and pray ing for a re- vision o( said system, and ihal certain altera- tions specified in it he memorial may be made io the said system. The resolution laid on the table by Mr. Fuller, 00 the 20itb inat. calling for informa- tion respecting line rules for the got eminent of the navy. &c. was taken up and agreed to. On motion of Mr. Coolu of Illinois, it was re- solved, that the committee on the judiciary be instructed to enquire whether any, and if any» what alterations are uecessary to he made in the organization of the conns of the United States, so as more equally to extend I heir ad- vantages to the several states- Road through tlhe Black Swamp in Ohin. On motion of IMr. Vance, the House then resolved itself iniio a committee of the wliole> Mr. Walworth in the chair, on the bill for laying oat and malting a road, from the lower Rapids of the Miami of Lake Erie to the wes- tern boundary of the Connecticut Western Reserve, in the stale of Ohio, agreeably to the provisions of the treaty of Browostown. Mr. Vanee of Ohio, explained the object ol the bill. It was to ful6lment of a treaty stip- nlawon mtb the Inriiaui, who had ceded ltie lands necessary for tbe road, although he did uol know that tbey had received any compen- sation for the cession. The road bad been authorized nndeir the administration of Mr. Joflenon, and an appropriation had been made under OIK administration of Mr- Madison ; but the war intervening, the money intended for the purpose had been disbursed on several roads in that oiuarter. The contemplated road would lean over a morass, which wa$ im- l>assabl>-, esceptl during that part of the year when lhf> ground wai frnaen and the *now ren- dered it practicable to travel in sleighs. It was not of very great importance to Ohm, hut was absolutely necessary to Michigan, in or <lor to enable I bra inhabitants of that territory to maintain" a regular intercourse with the thickly inhabited parts of Ohio. Ai present, the riuzeui had to reach those parts by trav- elling a considerable distance on the Canada ide of the lake- Had the road been con«trur- ted prior to tha Hate war, large Mira < : of money would have been t a v d to the nation. After undergoing some trifling amendments, the bill win reported to the house by I he committee and ordered to Vie on the table. Hepresentation of Alabama —Tbe bill for allowing three Representatives from the ttate of Alabama, was taken up, and adopted in committee of tlhe whole, and by unanimous cou^eot read a third lime, parsed, and sent to the Senate for concurrence. Imports from Canada, be —Tho Donne tlipn resolved itself into a Committee of tbe whole. Mr. Edwards, of Conn, in the Chair, on the bill to ant'ml the act for regulating I he im- portation of gopds from the arljacent States and Territories^ Mr. Tnmlinson. m Gnrrnec- iicut. entered into explanation*, shewing the propriety of parsing the bill. «vhich has for its oUject the snppre«sion of smuggling. As the law stands, the officer* of the customs declin- ed to prosecute) because the penalty is so high. The pmvinions mf the bill would remedy the evil ; and the opinion of the Secretary of the Trea*uary was favorable to them. Tl>e bill was ordered to !be engrossed lor a third read- ing to morrow, December 24. Mr. Dwigbt of Massachusetts this morning presented lo the house of Representatives a memorial signed Matthew Tornton, E»q. and about one hundred and fifty other citizen! of the District of Columbia, praying for tbe in- terposition of tlhe Congrem of the United Staleu in beballf of the Greeks, by rendering ihem such aid and assistance in their struggle for liberty, as amy comport with the senti- ments of our country and be cont>i«tent with the intere«ts of the government. [Tbe reso- lution, after Roime debate, was laid upon the table, and. will nrobably never be heard from again. It is understood tha members of Con- gress are almost unanimously against any in- terference on the part of the government.] ' The bill, in addition to certain acts of Con- gress for the suppression of piracy, was read a third time and passed. This bill merely con- firms and continues the acts of 1819 and 1820. Mr. Speaker announced (he Annual Report from tbe Treasury Department. After the Clerk bad commenced and made some pro- gress, Mr. Hardin of Kentucky, wished the reading might be dispensed with—it consumed half an hour. Mr. Tiylor thought an half hour could not be more profitably spent,than in listening to a document of such Importance. The Speaker decided that any one member had a right to call for the reading of papers of this description ; and tbe clerk proceeded. Mr. M*Lane of Delaware, moved that 0000 copies of the report be printed for the use of the members. This motion was opposed by Mr, Taylor of We»-Yoik, who remaiked that so Jtfrge a number was a useless expenditure. The desks ot ttbe House were sttl) covered with copietnf tllte President's Message, which remained after members had despatched all tfaey wishetf. 19e moved that 1000 copies be printed, which motion was lout, and the orig- mafftamher ordered. •pie HauMpljaumed to Friday next, 'Ctongrt&Jb^iM SSenate, on the 30th ulL Mr. ffouihaird;ir4>i»u1#conimrfteeeh the jodMiiary, to wooni w*»»Werr«d tbe 6llrto abolish ImptUotam due &1W, teportet It witfiottf amcumnertt J and th# wpert> WM postponed forcoiiiideratfoa until tit* flthiiab'^ '* , " ..-•.. -• W« «O0s> >*«i»M*t: Wtft# mentionloff was t*««4t* suited in «Hb«r hems* d^nW the wrek endinr on fbtSlftBR. BrtH k l»o^a>j 1 ir»*ltwodayf,to >t u *-fcji ^ p * , * luwday fast they agaja adjourned for two days, to pay their reipecti to the new year. l e g i s l a t u r e o t «XfeN» X o y k * - ^~ GOVEBNOR'SllESSAGE. Gentlemen •/ the Senate and of the A**embly. The situation in wuicu we are at present placed, is peculiarly interesting, and highly res- ponsible i and while addressing the nr*t legisla- ture convened under our new cunsntuuou, from a situation to which, by the favorable opiinon of my fellow citizens, I have been elected, and in obedience to the commands of that constitution, presenting and recommending for their confide ration, some of the varioua subjects which will necessarily claim their attention, during this their'Hrst session, I feel sensibl), such peculiar interest and high responsibility. In the performance of th« duties of my station, I am satisfied, that I shall receive every requi- site aid and support from your united exertions for the public good % «nd whde we have this ob- ject only in view, whatever difference of opinion shall exist, relative to the adoption of means to promote tbe welfare of the people, by whom we have been selected as agents, and intrusted with power, I feel a confident expectat ton, that the judgment of charity will be extended towards eaeji other, for the motivja by which we are gov erned j and 1 claim the kind indulgence of my fellow citizens, for the errors which 1 shall un- intentionally commit; and while society must be governed by tbe limited oapacity of human beingB, subject to the conflicting temporal inter- ests and frailties of human nature, errors will unavoidlbly occur, and even correct me&sures and conduct be pronounced, erroneous. Resting in a consciousness of the correctness of my motives, and relying on the support of a superintending providence, I shall endeavor, to the utmost of my ability, to promote the wel- fare of the people, and tie best interests of the state. There has been only one period since the dec- laration of our independence, that the legisla- ture of the state oi New-York have been called upon to perform such high and responsible du- ties as at this session will devolve upon you / and when we reflect upon the conduct of those who formed the firat constitution of this stat*, and organized a government, every well order ed mind must be led with gratitude to bow be- fore die throne of grace, returning fervent thanks to the God of heaven and earth, who raised up for us, in that time of need, men eminently en- dowed with great intelligence, integrity, and superior, I had almost said inspired, views of the rights and liberties of man. The checks and bdliircci of the old conitituUon of thi§ state were admirable, when judged with reference to the time in which it w«s sdopted ,• just emer ging from a state of colonial dependence, and while desperately, and almost convulsively, draggling to bre."k the Tetters of trans-atiantic despotism—almost every man b\ the communi- ty, at that time, possessing high ideas of the ne cessity of a strong executive power, and great legislative independence; and, although we have amended what we have deemed i's errors. *nd what in the present 9tate of the community were really such, yet the candid mind cannot but admire and applaud its great comparative excellence. I could not, gentlemen, withhold at las lime, and "n lliis occasion, the expression of my aflection and veneration for those men,great in intellect and honesty, several of whom were personally known to many of us, who, hav- ing placed and seen their country in prosperity and enjoyment of liberty, have.^one to sleep with their fathers, until the great day of retri- bution. This government has by the late amendments, been adapted to the present feelings ai d views of the community, the only proper standard by which a gjod government can be formed ; aid no time for its cre-organization could be more auspicious tban the present- Tbe peaceful state of the country, and absence of arty asperity in party contentions, will enable you to obtain the benefit of each others' cmdid views of every measure ; and although it is obvious that in the enactment of laws, in compliance with the new provisions of the constitution ar.d the re-organi zation of the government, many unexpected dif fie u I lies and embarrassments must unavoidably occur, yet, by mutual forbearance, when you may differ in opinion, and by great attention and circumspection m the adoption of measures, these will vanish. To >ou as the first legislature asstmblt-d for the purpose of re-orgamzing this government, clothed with plenary powers to apply the provis ions of that constitution, and limited only by its articles, the people look for wisdom, prudence, and self government, and I do not hesitate to in- dulge a confident expectation, that their hopes willnot be disappointed. The principal portion of your time and atten- tion will probably be devoted to passing such Lws as have become necessary, under the exist in^ constitution. I have, therefore, thought i' ^^.iper to confine myself to such prominent t.ub jects of legislation as will probably, under such circumstances, be presented lor your considera- tion. Among the various and highly interesting sub- jects claiming your attention, the most important is die arrangement and organization of the judici- ary. It is one that ought to be approached with great caution, but with full and competent decis- ion •• It must be acted upon with firmness, yet with the greatest discretion—its responsibility to the community fully retained, and its independence amply secured; so that uo executive, legislative,' or other influence, can be brought to bear upon it in such a manner as to have a deleterious effect upon its deliberations or decision*. The division of its labor so made, that it is within the reasona- ble limit of human power, to artrr.d to its duties ; that the execution of the luws may be enforced, justice extended to all, and denied to none ; iu pecuniary support provided for, with such liberali- ty that the most intelligent and best meu, may not feel as if they are doing; themselves and tbeir fam- ilies injustice, by accepting the most responsible and highest gift of the government. The supreme court, now to be composed of three judges, is to receive its most considerable aid in the discharge of certain of its duties, by the establishment and appointment of circuit judges, pursuant lo such division of the stat* into judicial districts, as you may deem advisable to make, and upon whom that important branch of our jurisprudence, the holding of courts of oyer and terminer, and nisi priiis, wilt principally rest. Those judges may also, at the will of the legislature, be considered and made assistants to the chancellor. The pow- ers given to them, and the duties they are required to perform, as specially stated in the constitution, with such am m»ry be assigned them by law, are of a character deeply interesting to the welfare of the state. It will become your province to divide the state into districts, according to the fifth section of the fifth article of the constitution, and to invest them with such additional powers as you may deem proper, and may fill within therangeof legislation. An able, faithful, tn3 impartial judiciary Is not oaly^he greatest ornament ef the state, but the best security against tjrraom/ ana oppression. On its Intelligence, Arnjnesi, and integrity, the lives, "a in no small {degree, by the pjarmanency and ade- quacy of th^lr salaries j !««? enabling thfin on die one hand, to devote their whole time to die discharge of weir judicial duties, and?on the other, to be above [the reach of any temptation to neglect them. This'consideration derives additional force from that part of the constitution which disqualifies them from accepting, or being candidates, for any other office from the legislature or the people, dur- ing their coiitisutance in their judicial stations.—- While on this subject, permit me also to remark, that legislative provision appears to be necessary with regard to the powers vested in die court of probates by tbe old constitution, and with regard to the manner of vesting them under the new, and of regulating appeals therefrom. Whether, such regulation will render provisions concerning the office of* surrogate necessary, must be submitted to your wisdom and discretion. It will be requisite to declare by law, the time and manner of electing militia officers, and of certifying tl}eir election to the executive. The attention of the legislature has frequently been called to the important and interesting sub- ject of regulating tbe militia; it has become more interesting because of tbe variety of opinions which always have and still do exist in relation to the necessity of attention to it. But I have always entertained the opinion, that it is not possible to maintain a government perfectly free, without a reliance pn a militia, for defence against insurrec- tions and sudden incursions, and for volunteer aid in the formation of armies, when we may be af- flicted with war : and in order to accomplish these objects, unremitted attention ought always to be paid to the organization and discipline of the mili- tia. I therefore reommend a full examination of our militia laws, to your consideration. There are at present, a very considerable num- ber of officers for whose appointment no Constitu- tional provision exists, other than a general pow- er delegated to the legislature, to regulate the manner of making such appointments, and to limit their duration. Among these are the office of surrogate, auctioneer, commissioner to take ac- iuiowledgments of deeds, justices in cities, and some others, not deemed here necessary to enu- merate, but which will, doubtless, in the discharge of the dudes imposed upon you by the constitution, receive their proper share of your labors and at- tention. That part of the constitution wliich declares that the proceeds of all tbe public lands, with cer- tain exceptions, belong to the school fund, and shall remain perpetually and exclusively appropri- ated to the support of common schools throughout the state, requires attention. The tracts thus set apart for that purpose, contain nearly one million of acres ; most of these lands, however, remaining unproductive at this time, I submit to the legisla- ture, whether the wise and patriotic intentions of the framers of our constitution, wiU be best pro- moted, by allowing them to remain in their pres- ent state, or to direct a sale of the whole, or a part, equal to a principal rendering an interest sufficient to make good the annual deficiency in the present school revenues. The subject of education is in- teresting to the happiness of every government and people, but mon> especially to a republic, hav- ing for its basts and permanency the intelligence and virtue of the people. To recommend it to your anxious care, is, I have not tbe least doubt, anticipating your intentions. During the recent elections under the new con- stitution, difficulties have arisen at some of the polls •with regard to the true construction to be given to the article which defines the right of suf- frage. The intention of die makers of the constitution ought to be realized, and it is with you, as far as may fall within the scope of your constitutional powers, to pass explanatory laws, enabling the in- spectors-correctly to ascertain the citizens entitled to vote, and thus prevent improper exclusions by hasty and unadvised decisions during the election. The right of suffrage is of the highest value to the citizen, as all our civil institutions, and the purity and correct administration of our laws, in a great measure depend upon its legitimate or con- stitutional'exercise ; any forced construction, therefore, whereby this right might be unjustly re- fused or usurped, ought to be guarded against by the enactment of laws conformably to the spirit and intention of the constitution. The criminal code which has so frequently at- tracted the attention of dieiegislature, may still be considered in many respects susceptible of import- ant improvements. During the last Autumn, whilst engaged in my official duties, as one of the justices of the Supreme Court, I visited the Prison at Auburn, and from the representation of the inspectors of that prison, connected with actual observation, I am perfectly persuaded, that experience there authorised by a late statute, has fully demonstrated that solitary confinement without labor, and where the prisoner is restricted in his diet, limiting such imprisonment in its duration, according to the nature of the of- fence, presents the best means of reclaiming tbe offender; and according to the benign intentions of our penitentiary system, of fitting him lor future usefulness, in case he should thereafter he restored to society. 1 recommend diis highly interesting subject to your serious and mature deliberation, in the hope that you will come to such results as will effectually insure the important object, intended by the introduction of this humane and valuable prin- ciple into our criminal code. It gives me much pleasure to state, that the ca- nal system, 60 wisely adopted and successfully pur- sued in the state, promises to realize the expecta- tions of die community. The convenience already afforded to the inhabitants, by the facility widi which the products of the country may be brought to market, has exceeded the most sanguine hopes of its warmest supporters. From a general view of the state Treasury, it appears that the receipts during the year ending the 30th November, 1822, were #916,705 39, which together with the sum remaining in the Treasury on that day, amount to $l,a32,919 42. The pay- ments during the sumo period, were #108,824 53 ( of which, however, only #27,463 66, can be appli- ed to die ordinary expences of government ; the residue being appropriated for specific purposes. The public debt on the 1st December, 1822, a mounted to #6,423,600, of which #4,243,600 are for monies borrowed to complete ihe canal. Sev- eral specific sources of revenue, such as the duties on salt, sales at auction, the commutation for die tax on steam-boat passengers, and the canal tolls, are appropriated to the extinguishment of the ca- nal loans and the interest thereof. It has not, as yet, been found necessary to resort to any other sources of revenue to meet the payment of the in- terest ; the principal being irredeemable, by the terms of the loan, for several years. The difficulties existing between this state and the state of New-Jersey, concerning our territorial and jurisdictional limits, still remain unadjusted ; and it is very desirable that measures should be a- dopted to terminate a controversy between two sis- ter states, which, in so great a degree, interrupts the harmony and intercourse that ought to exist betweeh them. Whether the aid of the Congress of die United States should be required in this del- icate affair, or whether it is not more discreet and proper, that a further attempt should be made at negotiation or compromise, in the appointment of commissioners, are subjects affecting the charac- ter and interests of the state, and must be submit- ted to your wisdom and discretion. Before I conclude this communication, I submit to you the propriety of directing a revision of all the public statutes of jhe state. The adoption of the new constitution has renderad many of oar statutes inapplicable to die existing state of things j and many others, particularly in our penal code, a mMwmW ^ •-•• "••• * ; . M Sfflr* fefeii nit to •T bend them; besides, much inighf foe gajiw*d~ t£r*y i ^ owHtt'flg several obsolete statutes now a p p t ^ g | # 1 > in our statute book, Various other improve^m^: might be suggested, but they]will readily occoj? ; »*™ d*e Legislature, should the subject receive *lg$JS|§i cussion. What other matters .are necessary toflljtXi submitted, will be communicated by special | g | p l i i sage. I '' \ Notwithstanding the commercial metropolis '$ tbis state has, during the surojmer, been visited *»^SS# { one of those afflicting dispensations of divine 3rVe%S vidence, which not uufrequently prove the scoufge^fc of a dense population, yet we have reason to be| M * thankful that tbe pestilence hjas been stayed, and? health and business resumed their wonted influence Hpft in that city. r - - -- ~ By a report or communication of tbe mayor of ;f|§ tbe city of Neau¥ork, to the common council, malt;'3§ on tbe 26th of November lasti and by that officer' recently transmitted to me, Wis proposed to erect J#§ a public hospital for fever patients, at a convenient &S1 distance from that city, to plrevent the spread of-#§ the disease ; and to which it is confidently expect ? ed, persons will, without reluctance, suffer there- selves to be removed, as th«- situation would bejj more healthy, and afford theilni pnrv air, good mtttz!*?. ses, and the best medical advice and attendanc^ While an establishment of this sort would be of fife.1 greatest advantage to the metropolis, it would bs^k'."' the additional recommendation, that its doors woidd .i*, necessarily be opened to receive non-resident .pa» ! tients who might unfortunately take die infection/": while in the city ; and it being manifest that syeh ,,, a measure must essentially contribute to alleviate '" the distresses of a portion ofjour fellow citizens, jf not prevent the ruinous consequences of t^e disor- der to the city and country a|hogether, and thus in a precautionary as well as philanthropic point of ' view, promote the welfare and prosperity of betbH " their interests in that respeej being mutual. It jp submitted to your consideration whet her 'some leg. isiative assistance ought not to be afforded'to en*,' courage so humane and useful an undertaking. I congratulate you also, fellow-citizens, upon the prosperous condition of oui* country. We liave maintained peace with all nations : oar foreign re- lations have continued undisturbed, and the high reputation of our national government is still the theme of every patriot, and the admiration of the world. , The prosperity of our own state, in its agricul- tural, manufacturing, and '< commercial relations and the many otlter blcssingjs which by divine Pro- vidence we are permitted t<) enjoy, call for oor most sincere aspirations of jgratitude and praise * and while I shall earnestly Jpray for their contin- uance, I pledge myself to u(nite with yon in every measure to preserve the honor, secure the rights and perpetuate theirepdomiand happiness of our beloved country. JOSEPH C. YATES. - Albany, January 7, 1823.! I - r, 1823, '•Iff fpptsdate itsuaportancra, blended with its prosperity and * borw; and while we are careful *»|je> indulge its: tsurgt and extravagant compensa- tion to our public o W it will not b« - ' th^tlKi ^ o > p e i ^ ^ of our judge, i 1 i t -ft*- tm*.^ t'r <i7^ ht promoted " * - ; - . * Jh^prnperry, f £ d l ^ ^ m distributed Into to many noiuwei, though « • S ^ ^ S ^ I L W f"* 0 h " ^ r ftiled <tulj lathjg mthje same subject, that jfeferepcet to the ** «„*«»u** w f « ^ . — ^ t*.^.,.^.. ,.-iaiff,^i-^,^ e n^deredextremefy dllBcult. In a new revision those difficulties might be removed, by condensing into one statute, each subject of leg- W f t H r r ^ j f themftttdjif.pfttywAa t & ;•}--. - v i Aibtmi, 'tin In the SENATE.—A quotum ajpeanngj proceeded lo tbe election of •'* i-ffirers. %U. John F. Bacon was upanim'<u«ly «;lerted cleik. Mr. Le Com en Is wa« rlm=fn sergeant at arran, and Mr. Bryan, jJooekeeppr. 1 Tbe following comimin'catimi from Mr* Sutherland was received |anri read-. ^ : " Sir—Cons ide rat mns,! which it is luinreei- sary, and perhaps ©n tht« occasion would we improper io me to state. Jhave determined me not lo take my seat in thje senate, to which-t have recently been eleeljed. Ton wit! do taje tbe justice to believe that I am not iof&MtHi of tbe honor conferred on me by the suffrage* of my fellpw citizens—I tdiatJ cherish that' mark of their confidence iwith the deepest and most lasting gratitude. Be pleased lo comnnitjiicate my determin- ation to ihe Ken ale, that the necessary mea- sures for mpplying tbe vacaucy maybe season- ably adopted. I have the honor to b«% sir, with sincere re- spect, your most ob'f. servant, JACOB SUTHERLAND. The Hon. EBASTUS Rootf, / President of «he Senate. January 7, 1823." The senators, then proceeded to ballot for the c'asses to which I hey should respectively belong. [ There are eight districts, each of which elects four senators, one'of whom to he elected every year. Thus the^rst class hold their seaU one yean th<3 second two yeart» &c] And the ballot resulted as follows: 1st District. Mr. King 1st. Mr. Bowne 2d, Mr. LeflTerts 3d. Mr. Ward 4th. 2nd District. Mr. Hunter t*t, Mr. Sudani 2nd. Mr. Tluiru 3d, Mr. Blurt 4th. 3d District. Mr. Ltvin^ton 1st, Mr. Slither^ land 2nd. Mr. Dud|eyl3d, Mr. Malhwy 4th- 4th D.strict. Mr. Erwiin l*t, Mr. Wheeler 2nd, Mr. Cramer 3d, Mr. M'Intyre 4tn. 5th District. Mr. BeawWey 1st, Mc. Bran- son 2d, Mr. Greenly 3d, Mr. Wnoster 4th- 6lh District. Mr. Hathaway 1st. Mr. Stratta* ban 2nd. Mr. Lynde 3d, Mr. Ogdeu 4th- 7th District. Mr Bowker lit, Mr. Greeugn& Mr. Clark 3d. Mr. Earl 4th. 8th District. Mr. Porter 1st, Mr. Ea«os 2oo> Mr. Redfield 3d, Mr. ISpencer 4th, The Rev. Messrs. Lacy, Leonard and Riee, were appointed Chaplains. In Ihe ASSEMBLY. 123 members appear- ed) and having taken the oath required, pro* ceeded to choose a Speaker. Peter R. l&h ingston, of Duchess county, wa« elected, hav- ing 117 votes—-6 scattering. On taking the chair, Mr Livingston addressed tbe bouse; Gentlemen, By yonr friendly partiality I have ueefi cbosen presiding officer over this august at* serably, composed of the representatives of the people first elected under a constitution, the pride and hoa»t of every freeman »nd tfie great charier of republican principles. Honored with so dignified a situation, at this interesting crisis: one Which no citizen nidi right to eipect, and which none could refute* your choice has excited feelings which I can- not describe, and created an obligation which I can only cancel by meriting your uui ed approbation of my official conduct. . From pnblic experience I well know tbe difficulties incident to my station, areoot few. 1 shall no doubt often fall into errori J and as yon have the power, it is imperatively ydur duty to place me in the right* *$f* found In the wrong} and I shall npott fMjjJ such unfortunate occasion, retrace my S|*J^ with the mingled emotions of plealwl%$p regret. 4 < Whatever rules ydo may adopt f%S^ own government, and of mine, shall be tially executed, and rijgidly enforced, Order in every deliberate asteniht/^ii^ sentially necessary to the tfoW^w^JEST reel adjustment of thu public ftttW out It, confusion reigni .* Tfeo $m* _ the house is sullied—the advantages of debate are lost—tbe public time w; the money of oor ci)nst*tfl«8i * expended. I have only to add, taat*lM|p mine cannot be very liferent, in tbe interest of Ifif &mW&fmM*- right to yottr iid M*$tf$$ift tire *d* f nslt* W Mkv^wrvfvx happiness and pro«|>«iity of the food of our mi '" """ Edw |a|t^; might clearly compre- i. k ny, y respected state jyit^a^itoti was Prytr, Serjeant at arm keeper, and Mr- Ten ] Jroecl Coro*n i t tees w*re sent to 14 the 0rtvernor, to oo^fy It* bly heiog ready* for busine«s. The Governor sent a Jffle** sen, by bis prirate secretarj sing, Esq- (a copy of which preceding Cfllotnos.) The u co|pies were ords-ed to b«"pr Oo motion of Mr. Smith. Ilrsolved, That 3 ^ copies^ tiba he printed, and that tfc t#» copies to caeb member. Mr Uardm*r offered the ; t«>n, which was laid on the ta iRetolvrd, (* the honorable crtrher*") rhal tbl * hmm S&t&Lie Friday, to appOH st^te» comptroller, treasurer, rail, surveyor genet at. and ec rail, »» the manner prescribed ti^le of tbe roiMHiiitidn.—[$ tlijis suhjeel the next day ; hi twd^ as hetng premature.] »!t was re««ilvj <! ttsat the S landing committee*, to emisi bfrs each ^Adjourned until 11 o'clock i Wedne$d\ Mr. B«rdseye. U&m the com «<) to prepare rule* for the go bouse, reported the old rn amendments, which were ado Petitions read and rej J0f the siipcrvi»ois of the co for a law res pec ting the ct eS ; ta Mes*r«. M'CaH. Wood Of the inhabitants of Batfc for a law respecting the etee offthe Peace m that town; Cfotre, Morgan and Thurston. Of the inhabuaute of Wnyot of Steuben, upon the «atue 1 same committee. (Of the inhabitants of Scipir ofUbat town into three town' her* from Caynga. iOf the inhabitants of Madn apecting a strip «f land to ibat surveyor genera!. 'Two petition* from AHegai sion of the towns of Ptke anf the committee of which Mr. ! tn|in. Of I«aac Rigg«, on tbe stilij* printing ; to Messrs- Swift. Bu Of the *ii:«rvisors ofOswe Morgan, Warner and Gilbert. pl tbe inhabitants of Livin; roe. for tbe appointment of eo lay out a highway to rominni! canal; laid on tbe table unti tnent of the standing committt On tbe motion of Mr. V>rpl; resolved itself into a commit te oa the governor's message, M chairr IMr. Brasher then offerd th« sohitiuo*, which were agreed i mil tee. jT- Resolved, That so ranch nor** menage, as - relates to tbe the appointment of surrogates i cities, and a revision in the p referred to the committee or tiee. 2- That «o much of the said iates to the militia, and the tin ofleleeting militia officers, be r standing committee on tbe inili 3. That so much of ibe said i Jates to tbe public lands appro school fund, be referred to the mittee on school*. &c. 4- That so much of tbe said la^e<» to tbe criminal code and and government of tbe convtci prisons be referred to tbe *la tef on state prt<ons. J5. That so much of the «aid i lates to the canals of this state, .tbe standing committee on eaiic jfr That so tnneb of tbe said lstes to the revenue, debt and e this statp, he referred to the mittee of ways aod means. 7. That »o much of the said i lale< to the appointment aod di of8cer<. not provided for in th be referred to a select commit t 8. Tftat so much of the sa'd i lates to the right of suffraje, bt select commit tee. 19. 3shat soiafheb of the said lates to the controversy bftw< arid New Jersey, be referred to mittee. '10, That so much of the «ai« relates to the late pestilential city of New York, and the ere* hospital in that city, be referr committee. Adopted by th* Gov. Clinton to the Militia t HEAD UL'ARTril Jtbany.3\s :0n retiring from the commai lilta of this stale, the Comma considers it due to his feelings a merits, to express the high «• entertains of tneir good conduc cere hope that they will on a sions maintain the character wh so honorably acquired. |He is enn-cioi*< that in ttwrdi important duties connected with of!a militia ennfpo«ed of 140.00 erjrors have been commuted ; t *ajtis(aetion to know, that they j •njipntionat ; and to iufer from respect which ht* fellow soldtei felted for bis orders, and from th foirmsmce of all ibeiroffieial obHj that his views and his objects h ly estimated, a»d tbe difficulties situation d,»fy considered. Persuaded, as he has always great efficiency of the militia a aggression or domestic violenc oijnit at the close of his adtninist on every citizen (where religion not forbid) the doty of qualify perform the functions of a soldi Hfe importance of cherishing a those virtues and faculties whlcJ adorn the character ef a gorJi fcjbieb are calculated to rende afd worthy member of a repui irient. TAe military strength commensurate with the moral *fflb tthlijuih M§e4 pbm |l*Mdafee.in top frjiJKi body »f •'"' a W , 'dang#'imil «toMHcrtjf tar* |e£ will then be avoided, militi ^ 1| In reAilinew on any etnerg 'nd^nendence of our cotintry.

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are so ptaftMitf simple, that there

c e n a n d the!* a s s i s t * its «|ttia|ig a h ^ l j # ^ n i ? r e **""* °,a<s r * 5 " ? d 5 ? T ^ 1 " confess fcatt* $ t o % % thi l fcSff i t fc M>me& mm m the states wtio are as mi a u e o t t o m A e f e ^ t t t r e s and the l f fe«apabte of adnumsteni.gr the goverament

members of their wants and their wishes. Whenever I fell in company with a num­

ber of the officers of the army, I was sure of being reminded of the parsimony of con­gress, and of being told h o * poorly .they wererpaid.

The judges of the district of Columbia, a d i s t r i d « c l i ought to pay to^wa judg­es, were one or other of them, ever com-

ining of the parsimony of congress^ and giog for a Jaeger salary. * Tht most important beggars of all were

the higher officers. With those I have oc-casienally dined, and where the greatest profusion prevailed. There might be seen fresh beef, pork and butter from Maryland $ mutton from Pennsylvania; bams from Burlington $ turkeys and chickens from Tirgiinaj pickled beef and codfish from Massachusetts; potatoes from Carolina and Maine; wild fowl and fresh fish from the Potomac, salmon from Canada^ oysters from New-York j olives and spices from both the Indies} raferot and figs from the MeUHefraneahj nutsfrom Germany, Italy, and the Mississippi; brandy from Nantz; rum from Jamaica; gin from Holland; che^sefromthe^etherlandsyfrom England and from Connecticut; wines from Spain. France, Germany, Portugal, Madeira, and the CJape of Good Hope ; and porter from London*

While the cloth was removing and the glasses replacing* some sycophant, (per­haps a member of congress,) was sure to commence a dissertation on the parsimony of our government and the inadequate com­pensation given to our officers. The more frequently the .glasses .were emptied the more attention was paid to the orator, until his doctrine was echoed from side to side. Too often have the guests carried the in­fatuation away with them, and I have had occasion to intreat them to resume their reason; and their common sense—referring

them to what their eyes had seen and their lips had tasted, to convince them that, in­stead of being, parsimonious the govern­ment gave too much to their officers, when they enabled them to feast their guests in a style so for above the medium of good-liv­ing. I reminded them that a man was much the creature of fashion and imitation, and fe?gged them to look around and con­sider what a number there was plunging themselves into ruin and misery, by their endeavors to furnish a table that we had lately sat at$ always insisting that it was impolitic, as well as immoral, to appropri­ate the hard earnings of the people tor the •encouragement and support of such volup­tuousness.

Ljiave been led to these recollections and •reflections by the perusal of the before mentioned extract from a Washington city paper, which says, " This place can never

. 4ie tedious. The pleasures of the day are succeeded by the pleasures of the night; for the president and his four secretaries, by means of drawing rooms and paities, have appropriated the nights to pleasure as well as the day. Qne would be led to be­lieve that members of congress and stran­gers of distinction, would be surfeited by. this continued succession, of delights, and, ' like the bee, die on the rose in aromatic pain.' But uo such thing—their appetite* are rather sharpened than blunted by per­petual indulgence, and the poor secretaries, who are all looking up to the presidency, are obliged to feed and plaister them on all occasions."

Is it lor this that the people of the na­tion send representatives to Washington, and pay each of them $56 a week ? Is it to spend their nights in revelry and their days in slumber, that they have been sent there ? Is it to enable the higher officers of the government to " feed and plaister," to cor­rupt and prostitute their representatives, that they have suffered the late great in­crease of their salaries to pass almost unno­ticed ? If this aputhy is continued, they will only merit the political degradation and perdition which infallibly awaits them.

I, by no means, consider it amiss for the president to invite members of congress and strangers of distinction to call upon him andaine with him, or for a drawing room entertainment, once in a while, to be given at his house. At those convivial meetings, the president has an opportuni-

. ty to become personally acquainted with

his guests, and they with him and with one another. Their sentMthents and opinions

are frequently interchanged. T h # | r a c -tice prevailed in the early sdfges of the government, and for its support, a superb mansion, ready furnished, is provided, and $2.;,000 salary for the president is appro­priated. But, at the rate things seem to be going on, the poor secretaries are not to leave off feeding and plaistering, nor congress giving, until each of them have $2-5,000 a year to support this magnificent

: ''succession of delights ;M those u pleasures by day * and "pleasures by night/' so

, boasting!}' spoken of b$ the Washington , ^ f e r - w h o tells us tfeeiie^ejarles are all locking up to the presidency: and it ^ ^ ^ t e f h e n m ofthe*taleytbat one or | | | e r*^f thein is expected to be foisted

^ | ^ i ^ | l ^ s 1 | e i i t j a i cjiair by this banquet*

; ' ^ 'JmBj&k£» mucjabe practice of the ^. .^^Ite^^Pthe'etectorsbip to*pledge, theqpclve* to f# t f ? r J»» 0* #»* paificu-1

"^-^- " «ami%4j«gtit*ci be dis*

ice-president, that •ew&niett, who r mmoa* * -Sati**'

the number of exceptionable characters, who aspire to the station, is comparatively small.

17th C O N G R E S S — 2 n d Session. Washington, Monday, Dec. 23.

In the Senate, the resolution submitted by Mr. Johnson, of Ken pn Friday, calling on the Executive for information relative to the manufacture of arms, &e. was taken up and agreed to.

A debate of near tiro hours arose on the bill for the relief of John Byers. who claims an indemnity for the depreciation of government fund* expended by him in purchasing provis­ions during the lane war.

In the flouie of Represeotatif es, twenty-three petitions were presented and referred to different committees. A memorial was presented by Mr. Gorham, of the merchants and others, inhabitants of Boston, interested 10 commerce, representing many defects in the present system for the coUectioo of duties on imports and tonnage, and pray ing for a re­vision o( said system, and ihal certain altera­tions specified in it he memorial may be made io the said system.

The resolution laid on the table by Mr. Fuller, 00 the 20itb inat. calling for informa­tion respecting line rules for the got eminent of the navy. &c. was taken up and agreed to. On motion of Mr. Coolu of Illinois, it was re­solved, that the committee on the judiciary be instructed to enquire whether any, and if any» what alterations are uecessary to he made in the organization of the conns of the United States, so as more equally to extend I heir ad­vantages to the several states-

Road through tlhe Black Swamp in Ohin. On motion of IMr. Vance, the House then

resolved itself iniio a committee of the wliole> Mr. Walworth in the chair, on the bill for laying oat and malting a road, from the lower Rapids of the Miami of Lake Erie to the wes­tern boundary of the Connecticut Western Reserve, in the stale of Ohio, agreeably to the provisions of the treaty of Browostown. Mr. Vanee of Ohio, explained the object ol the bill. It was to ful6lment of a treaty stip-

nlawon mtb the Inriiaui, who had ceded ltie lands necessary for tbe road, although he did uol know that tbey had received any compen­sation for the cession. The road bad been authorized nndeir the administration of Mr.

Joflenon, and an appropriation had been made under OIK administration of Mr- Madison ; but

the war intervening, the money intended for the purpose had been disbursed on several roads in that oiuarter. The contemplated road would lean over a morass, which wa$ im-l>assabl>-, esceptl during that part of the year when lhf> ground wai frnaen and the *now ren­dered it practicable to travel in sleighs. It was not of very great importance to Ohm, hut was absolutely necessary to Michigan, in or <lor to enable I bra inhabitants of that territory to maintain" a regular intercourse with the thickly inhabited parts of Ohio. Ai present, the riuzeui had to reach those parts by trav­elling a considerable distance on the Canada ide of the lake- Had the road been con«trur-

ted prior to tha Hate war, large Mira<: of money would have been t a v d to the nation. After undergoing some trifling amendments, the bill win reported to the house by I he committee and ordered to Vie on the table.

Hepresentation of Alabama —Tbe bill for allowing three Representatives from the ttate of Alabama, was taken up, and adopted in committee of tlhe whole, and by unanimous cou^eot read a third lime, parsed, and sent to the Senate for concurrence.

Imports from Canada, be —Tho Donne tlipn resolved itself into a Committee of tbe whole. Mr. Edwards, of Conn, in the Chair, on the bill to ant'ml the act for regulating I he im­portation of gopds from the arljacent States and Territories^ Mr. Tnmlinson. m Gnrrnec-iicut. entered into explanation*, shewing the propriety of parsing the bill. «vhich has for its oUject the snppre«sion of smuggling. As the law stands, the officer* of the customs declin­ed to prosecute) because the penalty is so high. The pmvinions mf the bill would remedy the evil ; and the opinion of the Secretary of the Trea*uary was favorable to them. Tl>e bill was ordered to !be engrossed lor a third read­ing to morrow,

December 24. Mr. Dwigbt of Massachusetts this morning

presented lo the house of Representatives a memorial signed Matthew Tornton, E»q. and about one hundred and fifty other citizen! of the District of Columbia, praying for tbe in­terposition of tlhe Congrem of the United Staleu in beballf of the Greeks, by rendering ihem such aid and assistance in their struggle for liberty, as amy comport with the senti­ments of our country and be cont>i«tent with the intere«ts of the government. [Tbe reso­lution, after Roime debate, was laid upon the table, and. will nrobably never be heard from again. It is understood tha members of Con­gress are almost unanimously against any in­terference on the part of the government.] ' The bill, in addition to certain acts of Con­

gress for the suppression of piracy, was read a third time and passed. This bill merely con­firms and continues the acts of 1819 and 1820.

Mr. Speaker announced (he Annual Report from tbe Treasury Department. After the Clerk bad commenced and made some pro­gress, Mr. Hardin of Kentucky, wished the reading might be dispensed with—it consumed half an hour. Mr. Tiylor thought an half hour could not be more profitably spent,than in listening to a document of such Importance. The Speaker decided that any one member had a right to call for the reading of papers of this description ; and tbe clerk proceeded.

Mr. M*Lane of Delaware, moved that 0000 copies of the report be printed for the use of the members. This motion was opposed by Mr, Taylor of We»-Yoik, who remaiked that so Jtfrge a number was a useless expenditure. The desks ot ttbe House were sttl) covered with copietnf tllte President's Message, which remained after members had despatched all tfaey wishetf. 19e moved that 1000 copies be printed, which motion was lout, and the orig-mafftamher ordered.

•pie HauMpljaumed to Friday next, 'Ctongrt&Jb^iM SSenate, on the 30th ulL Mr.

ffouihaird;ir4>i»u1#conimrfteeeh the jodMiiary, to wooni w*»»Werr«d tbe 6llrto abolish ImptUotam due &1W, teportet It witfiottf amcumnertt J and th# wpert> WM postponed forcoiiiideratfoa until tit* flthiiab'^ '* , " . . - • . .

-• W« «O0s> >*«i»M*t: Wtft# mentionloff was t*««4t* suited in «Hb«r hems* d^nW the wrek endinr on

fbtSlftBR. BrtHkl»o^a>j1ir»*ltwodayf,to >t u*-fcji ^ p * , *

luwday fast they agaja adjourned for two days, to pay their reipecti to the new year.

l e g i s l a t u r e o t «XfeN» Xoyk* - ^ ~ GOVEBNOR'S l lESSAGE.

Gentlemen • / the Senate and of the A**embly. The situation in wuicu we are at present

placed, is peculiarly interesting, and highly res­ponsible i and while addressing the nr*t legisla­ture convened under our new cunsntuuou, from a situation to which, by the favorable opiinon of my fellow citizens, I have been elected, and in obedience to the commands of that constitution, presenting and recommending for their confide ration, some of the varioua subjects which will necessarily claim their attention, during this their'Hrst session, I feel sensibl), such peculiar interest and high responsibility.

In the performance of th« duties of my station, I am satisfied, that I shall receive every requi­site aid and support from your united exertions for the public good % «nd whde we have this ob­ject only in view, whatever difference of opinion shall exist, relative to the adoption of means to promote tbe welfare of the people, by whom we have been selected as agents, and intrusted with power, I feel a confident expectat ton, that the judgment of charity will be extended towards eaeji other, for the motivja by which we are gov erned j and 1 claim the kind indulgence of my fellow citizens, for the errors which 1 shall un­intentionally commit; and while society must be governed by tbe limited oapacity of human beingB, subject to the conflicting temporal inter­ests and frailties of human nature, errors will unavoidlbly occur, and even correct me&sures and conduct be pronounced, erroneous.

Resting in a consciousness of the correctness of my motives, and relying on the support of a superintending providence, I shall endeavor, to the utmost of my ability, to promote the wel­fare of the people, and tie best interests of the state.

There has been only one period since the dec­laration of our independence, that the legisla­ture of the state oi New-York have been called upon to perform such high and responsible du­ties as at this session will devolve upon you / and when we reflect upon the conduct of those who formed the firat constitution of this stat*, and organized a government, every well order ed mind must be led with gratitude to bow be­fore die throne of grace, returning fervent thanks to the God of heaven and earth, who raised up for us, in that time of need, men eminently en­dowed with great intelligence, integrity, and superior, I had almost said inspired, views of the rights and liberties of man. The checks and

bdliircci of the old conitituUon of thi§ state were admirable, when judged with reference to the time in which it w«s sdopted ,• just emer ging from a state of colonial dependence, and while desperately, and almost convulsively,

draggling to bre."k the Tetters of trans-atiantic despotism—almost every man b\ the communi­ty, at that time, possessing high ideas of the ne cessity of a strong executive power, and great legislative independence; and, although we have amended what we have deemed i's errors. *nd what in the present 9tate of the community were really such, yet the candid mind cannot but admire and applaud its great comparative excellence. I could not, gentlemen, withhold at las lime, and "n lliis occasion, the expression of

my aflection and veneration for those men,great in intellect and honesty, several of whom were personally known to many of us, who, hav­ing placed and seen their country in prosperity and enjoyment of liberty, have.^one to sleep with their fathers, until the great day of retri­bution.

This government has by the late amendments, been adapted to the present feelings ai d views of the community, the only proper standard by which a gjod government can be formed ; aid no time for its cre-organization could be more auspicious tban the present- Tbe peaceful state of the country, and absence of arty asperity in party contentions, will enable you to obtain the benefit of each others' cmdid views of every measure ; and although it is obvious that in the enactment of laws, in compliance with the new provisions of the constitution ar.d the re-organi zation of the government, many unexpected dif fie u I lies and embarrassments must unavoidably occur, yet, by mutual forbearance, when you may differ in opinion, and by great attention and circumspection m the adoption of measures, these will vanish.

To >ou as the first legislature asstmblt-d for the purpose of re-orgamzing this government, clothed with plenary powers to apply the provis ions of that constitution, and limited only by its articles, the people look for wisdom, prudence, and self government, and I do not hesitate to in­dulge a confident expectation, that their hopes willnot be disappointed.

The principal portion of your time and atten­tion will probably be devoted to passing such Lws as have become necessary, under the exist in^ constitution. I have, therefore, thought i' ^ .iper to confine myself to such prominent t.ub jects of legislation as will probably, under such circumstances, be presented lor your considera­tion.

Among the various and highly interesting sub­jects claiming your attention, the most important is die arrangement and organization of the judici­ary. It is one that ought to be approached with great caution, but with full and competent decis­ion •• It must be acted upon with firmness, yet with the greatest discretion—its responsibility to the community fully retained, and its independence amply secured; so that uo executive, legislative,' or other influence, can be brought to bear upon it in such a manner as to have a deleterious effect upon its deliberations or decision*. The division of its labor so made, that it is within the reasona­ble limit of human power, to artrr.d to its duties ;

that the execution of the luws may be enforced, justice extended to all, and denied to none ; iu pecuniary support provided for, with such liberali­ty that the most intelligent and best meu, may not feel as if they are doing; themselves and tbeir fam­ilies injustice, by accepting the most responsible and highest gift of the government. The supreme court, now to be composed of three judges, is to receive its most considerable aid in the discharge of certain of its duties, by the establishment and appointment of circuit judges, pursuant lo such division of the stat* into judicial districts, as you may deem advisable to make, and upon whom that important branch of our jurisprudence, the holding of courts of oyer and terminer, and nisi priiis, wilt principally rest. Those judges may also, at the will of the legislature, be considered and made assistants to the chancellor. The pow­ers given to them, and the duties they are required to perform, as specially stated in the constitution, with such am m»ry be assigned them by law, are of a character deeply interesting to the welfare of the state.

It will become your province to divide the state into districts, according to the fifth section of the fifth article of the constitution, and to invest them with such additional powers as you may deem proper, and may fill within therangeof legislation.

An able, faithful, tn3 impartial judiciary Is not oaly^he greatest ornament ef the state, but the best security against tjrraom/ ana oppression. On its Intelligence, Arnjnesi, and integrity, the lives,

"a in no small {degree, by the pjarmanency and ade­quacy of th^lr salaries j !««? enabling thfin on die one hand, to devote their whole time to die discharge of weir judicial duties, and?on the other, to be above [the reach of any temptation to neglect them. This'consideration derives additional force from that part of the constitution which disqualifies them from accepting, or being candidates, for any other office from the legislature or the people, dur­ing their coiitisutance in their judicial stations.—-While on this subject, permit me also to remark, that legislative provision appears to be necessary with regard to the powers vested in die court of probates by tbe old constitution, and with regard to the manner of vesting them under the new, and of regulating appeals therefrom. Whether, such regulation will render provisions concerning the office of* surrogate necessary, must be submitted to your wisdom and discretion.

It will be requisite to declare by law, the time and manner of electing militia officers, and of

certifying tl}eir election to the executive. The attention of the legislature has frequently

been called to the important and interesting sub­ject of regulating tbe militia; it has become more interesting because of tbe variety of opinions which always have and still do exist in relation to the necessity of attention to it. But I have always entertained the opinion, that it is not possible to maintain a government perfectly free, without a reliance pn a militia, for defence against insurrec­tions and sudden incursions, and for volunteer aid in the formation of armies, when we may be af­flicted with war : and in order to accomplish these objects, unremitted attention ought always to be paid to the organization and discipline of the mili­tia. I therefore reommend a full examination of our militia laws, to your consideration.

There are at present, a very considerable num­ber of officers for whose appointment no Constitu­tional provision exists, other than a general pow­er delegated to the legislature, to regulate the manner of making such appointments, and to limit their duration. Among these are the office of surrogate, auctioneer, commissioner to take ac-iuiowledgments of deeds, justices in cities, and some others, not deemed here necessary to enu­merate, but which will, doubtless, in the discharge of the dudes imposed upon you by the constitution, receive their proper share of your labors and at­tention.

That part of the constitution wliich declares that the proceeds of all tbe public lands, with cer­tain exceptions, belong to the school fund, and shall remain perpetually and exclusively appropri­ated to the support of common schools throughout the state, requires attention. The tracts thus set apart for that purpose, contain nearly one million of acres ; most of these lands, however, remaining unproductive at this time, I submit to the legisla­ture, whether the wise and patriotic intentions of

the framers of our constitution, wiU be best pro­

moted, by allowing them to remain in their pres­

ent state, or to direct a sale of the whole, or a part, equal to a principal rendering an interest sufficient to make good the annual deficiency in the present school revenues. The subject of education is in­teresting to the happiness of every government

and people, but mon> especially to a republic, hav­ing for its basts and permanency the intelligence and virtue of the people. To recommend it to your anxious care, is, I have not tbe least doubt, anticipating your intentions.

During the recent elections under the new con­stitution, difficulties have arisen at some of the polls •with regard to the true construction to be given to the article which defines the right of suf­frage.

The intention of die makers of the constitution

ought to be realized, and it is with you, as far as may fall within the scope of your constitutional powers, to pass explanatory laws, enabling the in­spectors-correctly to ascertain the citizens entitled to vote, and thus prevent improper exclusions by hasty and unadvised decisions during the election.

The right of suffrage is of the highest value to the citizen, as all our civil institutions, and the purity and correct administration of our laws, in a great measure depend upon its legitimate or con­stitutional'exercise ; any forced construction, therefore, whereby this right might be unjustly re­fused or usurped, ought to be guarded against by the enactment of laws conformably to the spirit and intention of the constitution.

The criminal code which has so frequently at­tracted the attention of dieiegislature, may still be considered in many respects susceptible of import­ant improvements.

During the last Autumn, whilst engaged in my official duties, as one of the justices of the Supreme Court, I visited the Prison at Auburn, and from the representation of the inspectors of that prison, connected with actual observation, I am perfectly persuaded, that experience there authorised by a late statute, has fully demonstrated that solitary confinement without labor, and where the prisoner is restricted in his diet, limiting such imprisonment in its duration, according to the nature of the of­fence, presents the best means of reclaiming tbe offender; and according to the benign intentions of our penitentiary system, of fitting him lor future usefulness, in case he should thereafter he restored to society. 1 recommend diis highly interesting subject to your serious and mature deliberation, in the hope that you will come to such results as will effectually insure the important object, intended by the introduction of this humane and valuable prin­ciple into our criminal code.

It gives me much pleasure to state, that the ca­nal system, 60 wisely adopted and successfully pur­sued in the state, promises to realize the expecta­tions of die community. The convenience already afforded to the inhabitants, by the facility widi which the products of the country may be brought to market, has exceeded the most sanguine hopes of its warmest supporters.

From a general view of the state Treasury, it appears that the receipts during the year ending the 30th November, 1822, were #916,705 39, which together with the sum remaining in the Treasury on that day, amount to $l,a32,919 42. The pay­ments during the sumo period, were #108,824 53(

of which, however, only #27,463 66, can be appli­ed to die ordinary expences of government ; the residue being appropriated for specific purposes. The public debt on the 1st December, 1822, a

mounted to #6,423,600, of which #4,243,600 are for monies borrowed to complete ihe canal. Sev­eral specific sources of revenue, such as the duties on salt, sales at auction, the commutation for die tax on steam-boat passengers, and the canal tolls, are appropriated to the extinguishment of the ca­nal loans and the interest thereof. It has not, as yet, been found necessary to resort to any other sources of revenue to meet the payment of the in­terest ; the principal being irredeemable, by the terms of the loan, for several years.

The difficulties existing between this state and the state of New-Jersey, concerning our territorial and jurisdictional limits, still remain unadjusted ; and it is very desirable that measures should be a-dopted to terminate a controversy between two sis­ter states, which, in so great a degree, interrupts the harmony and intercourse that ought to exist betweeh them. Whether the aid of the Congress of die United States should be required in this del­icate affair, or whether it is not more discreet and proper, that a further attempt should be made at negotiation or compromise, in the appointment of commissioners, are subjects affecting the charac­ter and interests of the state, and must be submit­ted to your wisdom and discretion.

Before I conclude this communication, I submit to you the propriety of directing a revision of all the public statutes of jhe state. The adoption of the new constitution has renderad many of oar statutes inapplicable to die existing state of things j and many others, particularly in our penal code,

a mMwmW ^ •-•• "••• * ;. M Sfflr*

fefeii

nit

to

• T

bend them; besides, much inighf foe gajiw*d~t£r*y i ^ owHtt'flg several obsolete statutes now a p p t ^ g | # 1 > in our statute book, Various other improve^m^: might be suggested, but they]will readily occoj?;»*™ d*e Legislature, should the subject receive *lg$JS|§i cussion. What other matters .are necessary toflljtXi submitted, will be communicated by special | g | p l i i sage. I ' ' \

Notwithstanding the commercial metropolis '$ tbis state has, during the surojmer, been visited *»^SS#{

one of those afflicting dispensations of divine 3rVe%S vidence, which not uufrequently prove the scoufge^fc of a dense population, yet we have reason to be| M* thankful that tbe pestilence hjas been stayed, and? health and business resumed their wonted influence Hpft in that city. r - - -- ~

By a report or communication of tbe mayor of ;f|§ tbe city of Neau¥ork, to the common council, malt;'3§ on tbe 26th of November lasti and by that officer' recently transmitted to me, Wis proposed to erect J#§ a public hospital for fever patients, at a convenient &S1 distance from that city, to plrevent the spread of-#§ the disease ; and to which it is confidently expect ?

ed, persons will, without reluctance, suffer there-selves to be removed, as th«- situation would bejj more healthy, and afford theilni pnrv air, good mtttz!*?. ses, and the best medical advice and attendanc^ While an establishment of this sort would be of fife .1 greatest advantage to the metropolis, it would bs^k'."' the additional recommendation, that its doors woidd .i*, necessarily be opened to receive non-resident .pa» ! tients who might unfortunately take die infection/": while in the city ; and it being manifest that syeh ,,, a measure must essentially contribute to alleviate '" the distresses of a portion ofjour fellow citizens, jf not prevent the ruinous consequences of t^e disor­der to the city and country a|hogether, and thus in a precautionary as well as philanthropic point of ' view, promote the welfare and prosperity of betbH " their interests in that respeej being mutual. It jp submitted to your consideration whet her 'some leg. isiative assistance ought not to be afforded'to en*,' courage so humane and useful an undertaking.

I congratulate you also, fellow-citizens, upon the prosperous condition of oui* country. We liave maintained peace with all nations : oar foreign re­lations have continued undisturbed, and the high reputation of our national government is still the theme of every patriot, and the admiration of the world. ,

The prosperity of our own state, in its agricul­tural, manufacturing, and '< commercial relations and the many otlter blcssingjs which by divine Pro­vidence we are permitted t<) enjoy, call for oor most sincere aspirations of jgratitude and praise * and while I shall earnestly Jpray for their contin­uance, I pledge myself to u(nite with yon in every measure to preserve the honor, secure the rights and perpetuate theirepdomiand happiness of our beloved country.

JOSEPH C. YATES. - Albany, January 7, 1823.!

I -

r, 1823,

'•Iff fpptsdate itsuaportancra, blended with its prosperity and * borw; and while we are careful *»|je> indulge its: tsurgt and extravagant compensa­tion to our public o W it will not b« - ' th^tlKi ^ o > p e i ^ ^ of our judge, i

1 i t -ft*- tm*.^ t'r

<i7^

ht promoted

• " * - ; - . * •

Jh^prnperry, f £ d l ^ ^ m distributed Into to many noiuwei, though « • S ^ ^ S ^ I L W f"*0 h " ^ r ftiled <tulj lathjg mthje same subject, that jfeferepcet to the ** «„*«»u** w f « ^ . — ^ t * . ^ . , . ^ . . ,.-iaiff,^i-^,^e n^deredextremefy dllBcult. In

a new revision those difficulties might be removed, by condensing into one statute, each subject of leg-

WftHr r^ j f them ftttdjif .pfttywAa t &

; • } - - . -v i

Aibtmi, 'tin In the SENATE.—A quotum ajpeanngj

proceeded lo tbe election of • '* i-ffirers. %U. John F. Bacon was upanim'<u«ly «;lerted cleik. Mr. Le Com en Is wa« rlm=fn sergeant

at arran, and Mr. Bryan, jJooekeeppr. 1 Tbe following comimin'catimi from Mr*

Sutherland was received |anri read-. ^ :

" Sir—Cons ide rat mns,! which it is luinreei-

sary, and perhaps ©n tht« occasion would we

improper io me to state. Jhave determined me not lo take my seat in thje senate, to which-t have recently been eleeljed. Ton wit! do taje tbe justice to believe that I am not iof&MtHi

of tbe honor conferred on me by the suffrage* of my fellpw citizens—I tdiatJ cherish that' mark of their confidence iwith the deepest and most lasting gratitude.

Be pleased lo comnnitjiicate my determin­ation to ihe Ken ale, that the necessary mea­sures for mpplying tbe vacaucy maybe season­ably adopted.

I have the honor to b«% sir, with sincere re­spect, your most ob'f. servant,

JACOB SUTHERLAND. The Hon. EBASTUS Rootf, /

President of «he Senate. January 7, 1823."

The senators, then proceeded to ballot for the c'asses to which I hey should respectively belong. [ There are eight districts, each of which elects four senators, one'of whom to he elected every year. Thus the^rst class hold

their seaU one yean th<3 second two yeart» &c] And the ballot resulted as follows: 1st District. Mr. King 1st. Mr. Bowne 2d,

Mr. LeflTerts 3d. Mr. Ward 4th.

2nd District. Mr. Hunter t*t, Mr. Sudani 2nd.

Mr. Tluiru 3d, Mr. Blurt 4th. 3d District. Mr. Ltvin^ton 1st, Mr. Slither^

land 2nd. Mr. Dud|eyl3d, Mr. Malhwy 4th-4th D.strict. Mr. Erwiin l*t, Mr. Wheeler

2nd, Mr. Cramer 3d, Mr. M'Intyre 4tn.

5th District. Mr. BeawWey 1st, Mc. Bran­

son 2d, Mr. Greenly 3d, Mr. Wnoster 4th-6lh District. Mr. Hathaway 1st. Mr. Stratta*

ban 2nd. Mr. Lynde 3d, Mr. Ogdeu 4th-

7th District. Mr Bowker l i t , Mr. Greeugn&

Mr. Clark 3d. Mr. Earl 4th.

8th District. Mr. Porter 1st, Mr. Ea«os 2oo> Mr. Redfield 3d, Mr. ISpencer 4th, The Rev. Messrs. Lacy, Leonard and Riee,

were appointed Chaplains.

In Ihe ASSEMBLY. 123 members appear­

ed) and having taken the oath required, pro*

ceeded to choose a Speaker. Peter R. l&h

ingston, of Duchess county, wa« elected, hav­

ing 117 votes—-6 scattering. On taking the

chair, Mr Livingston addressed tbe bouse;

Gentlemen,

By yonr friendly partiality I have ueefi

cbosen presiding officer over this august at*

serably, composed of the representatives of the people first elected under a constitution, the pride and hoa»t of every freeman »nd tfie great charier of republican principles.

Honored with so dignified a situation, at this interesting crisis: one Which no citizen nidi right to eipect, and which none could refute* your choice has excited feelings which I can­not describe, and created an obligation which I can only cancel by meriting your uui ed approbation of my official conduct. .

From pnblic experience I well know tbe difficulties incident to my station, areoot few. 1 shall no doubt often fall into errori J and as yon have the power, it is imperatively ydur duty to place me in the right* *$f* found In the wrong} and I shall npott fMjjJ such unfortunate occasion, retrace my S|*J with the mingled emotions of plealwl%$p regret. „ „ 4<

Whatever rules ydo may adopt f%S^ own government, and of mine, shall be tially executed, and rijgidly enforced,

Order in every deliberate asteniht/^ii^ sentially necessary to the tfoW^w^JEST reel adjustment of thu public ftttW out It, confusion reigni .* Tfeo $m* _ the house is sullied—the advantages of debate are lost—tbe public time w; the money of oor ci)nst*tfl«8i * expended.

I have only to add, taat*lM|p mine cannot be very liferent, in tbe interest of Ifif &mW&fmM*-right to yottr iid M*$tf$$ift tire *d* f nslt* W Mkv^wrvfvx happiness and pro«|>«iity of the food of our mi '" """

Edw

|a|t^; might clearly compre-

i.

k ny,

y respected state jyit^a^itoti was

Prytr, Serjeant at arm keeper, and Mr- Ten ] Jroecl

Coro*n i t tees w*re sent to 14 the 0rtvernor, to oo^fy It* bly heiog ready* for busine«s.

The Governor sent a Jffle** sen, by bis prirate secretarj sing, Esq- (a copy of which preceding Cfllotnos.) The u co|pies were ords-ed to b«"pr

Oo motion of Mr. Smith. Ilrsolved, That 3 ^ copies^

tiba he printed, and that tfc t#» copies to caeb member.

Mr Uardm*r offered the ; t«>n, which was laid on the ta

iRetolvrd, ( * the honorable

crtrher*") r h a l tbl* hmm

S&t&Lie o» Friday, to appOHl st^te» comptroller, treasurer, rail, surveyor genet at. and ec rail, »» the manner prescribed ti^le of tbe roiMHiiitidn.—[$ tlijis suhjeel the next day ; hi twd^ as hetng premature.]

»!t was re««ilvj <! ttsat the S

landing committee*, to emisi bfrs each

^Adjourned until 11 o'clock i Wedne$d\

Mr. B«rdseye. U&m the com «<) to prepare rule* for the go

bouse, reported the old rn amendments, which were ado

Petitions read and rej

J0f the siipcrvi»ois of the co for a law res pec ting the ct

eS ; ta Mes*r«. M'CaH. Wood

Of the inhabitants of Batfc

for a law respecting the etee

offthe Peace m that town;

Cfotre, Morgan and Thurston.

Of the inhabuaute of Wnyot

of Steuben, upon the «atue 1

same committee. (Of the inhabitants of Scipir

ofUbat town into three town'

her* from Caynga.

iOf the inhabitants of Madn apecting a strip «f land to ibat surveyor genera!.

'Two petition* from AHegai sion of the towns of Ptke anf the committee of which Mr. ! tn|in.

Of I«aac Rigg«, on tbe stilij* printing ; to Messrs- Swift. Bu

Of the *ii:«rvisors ofOswe Morgan, Warner and Gilbert.

p l tbe inhabitants of Livin;

roe. for tbe appointment of eo lay out a highway to rominni! canal; laid on tbe table unti tnent of the standing committt

On tbe motion of Mr. V>rpl; resolved itself into a commit te oa the governor's message, M chairr

IMr. Brasher then offerd th«

sohitiuo*, which were agreed i mil tee.

jT- Resolved, That so ranch

nor** menage, as- relates to tbe

the appointment of surrogates i

cities, and a revision in the p referred to the committee or tiee.

2- That «o much of the said

iates to the militia, and the tin

ofleleeting militia officers, be r standing committee on tbe inili

3. That so much of ibe said i Jates to tbe public lands appro school fund, be referred to the mittee on school*. &c.

4- That so much of tbe said la e<» to tbe criminal code and and government of tbe convtci prisons be referred to tbe *la tef on state prt<ons.

J5. That so much of the «aid i lates to the canals of this state, .tbe standing committee on eaiic

jfr That so tnneb of tbe said lstes to the revenue, debt and e this statp, he referred to the mittee of ways aod means.

7. That »o much of the said i

lale< to the appointment aod di of8cer<. not provided for in th be referred to a select commit t

8. Tftat so much of the sa'd i

lates to the right of suffraje, bt

select commit tee. 19. 3shat soiafheb of the said

lates to the controversy bftw< arid New Jersey, be referred to mittee.

'10, That so much of the «ai« relates to the late pestilential city of New York, and the ere* hospital in that city, be referr

committee. Adopted by th*

Gov. Clinton to the Militia t HEAD UL'ARTril

Jtbany.3\s :0n retiring from the commai

lilta of this stale, the Comma considers it due to his feelings a merits, to express the high «• entertains of tneir good conduc cere hope that they will on a sions maintain the character wh so honorably acquired.

|He is enn-cioi*< that in ttwrdi important duties connected with of!a militia ennfpo«ed of 140.00 erjrors have been commuted ; t *ajtis(aetion to know, that they j •njipntionat ; and to iufer from respect which ht* fellow soldtei felted for bis orders, and from th foirmsmce of all ibeiroffieial obHj that his views and his objects h ly estimated, a»d tbe difficulties situation d,»fy considered.

Persuaded, as he has always great efficiency of the militia a aggression or domestic violenc oijnit at the close of his adtninist on every citizen (where religion not forbid) the doty of qualify perform the functions of a soldi Hfe importance of cherishing a those virtues and faculties whlcJ

adorn the character ef a gorJi fcjbieb are calculated to rende afd worthy member of a repui irient. TAe military strength commensurate with the moral

*fflb tthlijuih t « M § e 4 pbm |l*Mda fee. in top frjiJKi body »f •'"'aW,'dang#'imil «toMHcrtjf tar*

|e£ will then be avoided, militi

^ 1 | In reAilinew on any etnerg

'nd^nendence of our cotintry.