USA > New York > A geographical history of the state of New York: embracing its history, government, physical features, climate, geology, mineralogy, botany, zoology, education, internal improvements, &c., with a separate map of each county > Part 14
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Sec. 5. The Legislature shall provide for filling vacancies in office, and in case of elective officers, no person appointed to fill a vacancy shall hold his office by virtue of such appointment longer than the commencement of the political year next succeeding the first annual election after the happening of the vacancy.
Sec. 6. The political year and legislative term, shall begin on the first day of January ; and the Legislature shall every year assemble on the first Tuesday in January, unless a different day shall be appointed by law.
Sec. 7. Provision shall be made by law for the removal, for misconduct or mal- versation in office, of all officers (except judicial) whose powers and duties are not local or legislative, and who shall be elected at general elections, and also for sup- plying vacancies created by such removal.
Sec. 8. The Legislature may declare the cases in which any office shall be deemed vacant, where no provision is made for that purpose in this Constitution.
ARTICLE XI.
Sec. 1. The militia of this state, shall at all times hereafter, be armed and dis- ciplined, and in readiness for service ; but all such inhabitants of this state, of any religious denomination whatever, as from scruples of conscience may be averse to bearing arms, shall be excused therefrom, upon such conditions as shall be pre- scribed by law.
Sec. 2. Militia officers shall be chosen, or appointed, as follows :- captains, subalterns and non-commissioned officers shall chosen by the written votes of the members of their respective companies. Field officers of regiments and separate battalions, by the written votes of the commissioned officers of the respective regi- ments and separate battalions ; brigadier generals and brigade inspectors, by the field officers of their respective brigades ; major generals, brigadier generals and commanding officers of regiments or separate battalions, shall appoint the staff officers to their respective divisions, brigades, regiments or separate battalions.
Sec. 3. The Governor shall nominate, and with the consent of the Senate, appoint all major generals, and the commissary general. The adjutant general and other chiefs of staff departments, and the aids-de-camp of the commander-in-chief shall be appointed by the Governor, and their commissions shall expire with the time for which the Governor shall have been elected. The commissary general shall hold his office for two years. He shall give security for the faithful execu- tion of the duties of his office, in such manner and amount as shall be prescribed by law.
Sec. 4. The Legislature shall, by law, direct the time and manner of electing militia officers, and of certifying their elections to the Governor.
Sec. 5. The commissioned officers of the militia shall be commissioned by the Governor ; and no commissioned officer shall be removed from office, unless by the Senate on the recommendation of the Governor. stating the grounds on which such removal is recommended, or by the decision of a court martial, pursuant to law. The present officers of the militia shall hold their commissions subject to removal, as before provided.
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CONSTITUTION.
Sec. 6. In case the mode of election and appointment of militia officers hereby directed, shall not be found conducive to the improvement of the militia, the Le- gislature may abolish the same, and provide by law for their appointment and removal, if two-thirds of the members present in each house shall concur therein.
ARTICLE XII.
Sce. 1. Members of the Legislature and all officers, executive and judicial, except such inferior officers as may be by law exempted, shall, before they enter on the duties of their respective oflices, take and subscribe the following oath or affirmation :-
"I do solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States, and the Constitution of the state of New York ; and that I will faithfully discharge the duties of the office of according to the best of my ability."
And no other oath, declaration, or test shall be required as a qualification for any office or public trust.
ARTICLE XIII.
Sec. 1. Any amendment or amendments to this Constitution may be proposed in the Senate and Assembly ; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, with the yeas and nays taken there- on, and referred to the Legislature to be chosen at the next general election of Senators, and shall be published for three months previous to the time of making such choice, and if in the Legislature so next chosen, aforesaid, such proposed amendment or amendments, shall be agreed to, by a majority of all the members elected to each house. then it shall be the duty of the Legislature to submit such proposed amendment or amendments to the people, in such manner and at such time as the Legislature shall prescribe ; and if the people shall approve and ratify such amendment or amendments, by a majority of the electors qualified to vote for members of the Legislature, voting thereon, such amendment or amendments shall become part of the constitution.
Sec. 2. At the general election to be held in the year eighteen hundred and sixty- six, and in each twentieth year thereafter, and also at such time as the Legislature may by law provide, the question, " Shall there be a Convention to revise the Con- stitution, and amend the same ?" shall be decided by the electors qualified to vote for members of the Legislature ; and in case a majority of the electors so qualified, voting at such election, shall decide in favor of a Convention for such purpose, the Legislature at its next session, shall provide by law for the election of delegates to such Convention.
ARTICLE XIV.
Sec. 1. The first election of Senators and Members of Assembly, pursuant to the provisions of this Constitution, shall be held on the Tuesday succeeding the first Monday of November, one thousand eight hundred and forty-seven.
The Senators and Members of Assembly who may be in office on the first day of January, one thousand eight hundred and forty-seven, shall hold their offices until and including the thirty-first day of December following, and no longer.
Sec. 2. The first election of Governor, and Lieutenant-Governor under this Constitution, shall be held on the Tuesday succeeding the first Monday of Novem- ber, one thousand eight hundred and forty-eight ; and the Governor and Lieutenant- Governor in office when this Constitution shall take effect, shall hold their respect- ive offices until and including the thirty-first day of December of that year.
Sec. 3. The Secretary of State, Comptroller, Treasurer, Attorney General, District Attorney, Surveyor General, Canal Commissioners, and Inspectors of State Prisons, in office when this Constitution shall take effect, shall hold their respective offices until and including the thirty-first day of December, one thousand eight hundred and forty-seven, and no longer.
Sec. 4. The first election of judges and clerk of the Court of Appeals, justices of the Supreme Court, and county judges, shall take place at such time between
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STATE OF NEW YORK.
the first Tuesday of April and the second Tuesday of June, one thousand eight hundred and forty-seven, as may be prescribed by law. The said courts shall respectively enter upon their duties, on the first Monday of July, next thereafter ; but the term of office of said judges, clerk and justices, as declared by this Con sti- tution, shall be deemed to commence on the first day of January, one thousand eight hundred and forty-eight.
Sec. 5. On the first Monday of July, one thousand eight hundred and forty- seven, jurisdiction of all suits and proceedings then pending in the present supreme court and court of chancery, and all suits and proceedings originally commenced and then pending in any court of common pleas, (except in the city and county of New York,) shall become vested in the supreme court hereby established. Pro- ceedings pending in courts of common pleas, and in suits originally commenced in justices courts, shall be transferred to the county courts provided for in this Consti- tution, in such manner and form, and under such regulation as shall be provided by law. The courts of oyer and terminer hereby established, shall, in their re- spective counties, have jurisdiction, on and after the day last mentioned, of all indictments and proceedings then pending in the present courts of oyer and termi- ner, and also of all indictments and proceedings then pending in the present courts of general sessions of the peace, except in the city of New York, and except in cases of which the courts of sessions hereby established, may lawfully take cogni- zance; and of such indictments and proceedings as the courts of sessions hereby established, shall have jurisdiction, on and after the day last mentioned.
· Sec. 6. The chancellor and the present supreme court shall, respectively, have power to hear and determine any of such suits and proceedings ready on the first Monday of July, one thousand eight hundred and forty-seven, for hearing or decis- ion, and shall, for their services therein, be entitled to their present rates of com- pensation, until the first day of July, one thousand eight hundred and forty-eight, or until all such suits and proceedings shall be sooner heard and determined. Mas- ters in chancery may continue to exercise the functions of their office, in the court of chancery, so long as the Chancellor shall continue to exercise the functions of his office, under the provisions of this Constitution.
And the Supreme Court hereby established, shall also have power to hear and determine such of said suits and proceedings as may be prescribed by law.
Sec. 7. In case any vacancy shall occur in the office of chancellor or justice of the present Supreme Court, previously to the first day of July, one thousand eight hundred and forty-eight, the Governor may nominate, and by and with the advice and consent of the Senate, appoint a proper person to fill such vacancy. Any judge of the court of appeals, or justice of the supreme court, elected under this Constitution, may receive and hold such appointment.
Sec. 8. The offices of chancellor, justice of the existing supreme court, circuit judge, vice-chancellor, assistant vice-chancellor, judge of the existing county courts of each county, supreme court commissioner, master in chancery, examiner in chancery, and surrogate, (except as herein otherwise provided,) are abolished from and after the first Monday of July, one thousand eight hundred and forty-seven, (1847.)
Sec. 9. The Chancellor, the justices of the present supreme court, and the circuit judges, are hereby declared to be severally eligible to any office at the first election under this Constitution.
Sec. 10. Sheriff's, clerks of counties, (including the register and clerk of the city and county of New York,) and justices of the peace, and coroners, in office, when this Constitution shall take effect, shall hold their respective offices until the expiration of the term for which they were respectively elected.
Sec. 11. Judicial officers in office when this Constitution shall take effect, may continue to receive such fees and perquisites of office as are now authorized by law. until the first day of July, one thousand eight hundred and forty-seven, not- withstanding the provisions of the twentieth section of the sixth article of this Constitution.
Sec. 12. All local courts established in any city or village, including the Supe-
GOVERNMENT OF COUNTIES. 119
rior Court, Common Pleas, Sessions and Surrogate's Courts of the city and county of New York, shall remain, until otherwise directed by the Legislature, with their present powers and jurisdictions ; and the judges of such courts, and any clerks thereof in office on the first day of January, one thousand eight hundred and forty- seven, shall continue in office until the expiration of their terins of office, or until the Legislature shall otherwise direct.
Sec. 13. This Constitution shall be in force from and including the first day of January, one thousand eight hundred and forty-seven, except as herein otherwise provided.
Done in convention, at the capitol, in the city of Albany, the ninth day of Octo- her, in the year one thousand eight hundred and forty-six, and of the Independence of the United States of America, the seventy-first.
In witness whereof, we have hereunto subscribed our names.
JOHN TRACY, President,
and Delegate from the county of Chenango.
JAMES F. STARBUCK,
H. W. STRONG,
Secretarics.
FR. NEGER.
GOVERNMENT
OF COUNTIES, TOWNS, CITIES AND VILLAGES.
EACH town elects, annually, a supervisor, a town clerk, three or five assessors, a collector, two overseers of the poor, a town superin- tendent of common schools, not more than five constables, one sealer of weights and measures, as many overseers of highways as there are road districts in the town, and as many pound masters as the electors may deem necessary.
The supervisors of the different towns of the county, thus elected, constitute a board, which meets annually for business, and holds spe- cial meetings when necessary. They are authorised to receive, ex- amine, and adjust all accounts against the county, or the several towns, raise money to defray them, make orders concerning the cor . porate property of the county, elect the county superintendent of common schools, &c.
The other officers of the counties are, the treasurer, county clerk, sheriff, coroner, district attorney, county superintendent of common schools, county sealer of weights and measures, road commissioners, inspectors, &c. By the provisions of the new constitution, most of these officers are chosen for three years.
The cities are governed by a mayor, recorder, and common council. The latter is composed of one alderman, and one assistant alderman, for each ward of the city. These officers have judicial powers con- ferred on them, in offences not punishable with death. They also perform the duties of supervisors in their respective cities.
There are nine cities in the state ; viz., New York, Albany, Troy, Hudson, Schenectady, Utica, Buffalo, Rochester, and Brooklyn.
The incorporated villages are governed by a president and board of trustees, usually five in number. There are about 150 incorporated villages in the state.
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STATE OF NEW YORK.
PUBLIC EDUCATION.
ORIGIN AND HISTORY OF THE COMMON SCHOOL SYSTEM.
THOUGH less zealous in the cause of popular education than the early settlers of New England, yet, ere the forests had been felled, or the Indian war-whoop ceased to be heard, in the neighborhood of the white settlements, the sturdy Hollanders began to provide for the education of their children.
In 1633, Adam Roelandsen, the first schoolmaster of New Amster- dam, arrived in that city. In 1642, the Patroon, Van Rensselaer, sent over a schoolmaster for his " colonie."
The first classical school, or academy, was established in New York city, the teacher being sent out from Holland, by the Dutch West India Company. In all the Dutch settlements, provision was early made for schools.
In 1687, a Latin school was opened in the city of New York, under the sanction of the English government. In 1702, the first legisla- tive action, relative to education, occurred. This act provided for the establishment of a grammar school, and appropriated £50 per annum, for seven years, for the support of a teacher.
Another act was passed, in 1732, to encourage a public school, in the city and county of New York, for teaching Latin, Greek and Mathematics.
Under this act a free school was established, and endowed with £40 a year, for five years; and ten scholars were to be sent from New York, two from Albany, and one from each of the other coun- ties, making twenty in all. This school was the germ of Columbia college.
In 1743, Rev. Mr. Dunlap, of Cherry Valley, Otsego county, estab- lished the first grammar school in the state, west of Albany. Be- tween 1746 and 1756, several acts were passed, authorizing the raising of moneys, by lottery, for founding a college in New York, and, in 1754, King's college was chartered.
After the establishment of the state government, the interest of the people was again awakened to the necessity of popular education. On the 1st of May, 1784, an act was passed, changing the name of King's college to Columbia college, and establishing the board of re- gents of the university of New York.
In 1789, lands were specially set apart, in the several new town- ships, for the promotion of literature, and the support of common schools. The proceeds of certain lands were also appropriated, in 1790, by the regents, to the institutions under their care. Their in- come, arising from this source, in 1792, was increased by the grant of £1500 per annum, for five years.
In 1793, the regents, in their report, suggested the importance of establishing schools in various parts of the state, for instructing chil- dren in the lower branches of education. These suggestions were renewed for the two years following, and in 1795, a common school system was established.
In 1795, $50,000 annually, for five years, was appropriated from the public revenues, for encouraging and maintaining schools, in the
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PUBLIC EDUCATION.
various cities and towns, to be expended much as the public moneys for schools are at the present day.
In 1801, an act was passed, authorizing the establishment of four lotteries, to raise the sum of $25,000 each, one half to be paid to the regents of the university, and the other to the state treasury, to be applied for the use of common schools. This was the foundation of the literature and common school fund.
In 1805, the nett proceeds of 500,000 acres of the public lands, and 3000 shares of bank stock, were appropriated as a fund for the use of common schools, to accumulate till the interest should amount to $50,000 per annum, after which, the interest was to be distributed, as the legislature should direct.
In 1811, preparatory measures were taken to organize the school system, and in 1812, an act was passed for that purpose. Gideon Hawley, Esq., was appointed superintendent of common schools, in 1813. From 1819 to 1827, farther appropriations of lands, stocks, and money, for the increase of the school fund, were made, and $100,000 ordered to be annually distributed, while an equal sum should be raised by tax.
In 1838, the sum of $165,000 per year, from the annual revenue of the United States deposit fund, was added to the amount previously distributed. Of this amount, $55,000 was to be expended yearly, in the purchase of suitable books for district libraries. During this year, the common school system was reorganized, and, with the ex- ception of a few amendments, assumed its present form.
PRESENT CONDITION OF COMMON SCHOOLS.
Funds. By aprovision of the constitution, the proceeds of all lands belonging to the state, with the exception of such as may be reserved for public use, or ceded to the United States, together with the fund known as the common school fund, are declared to consti- tute " a perpetual fund, the interest of which shall be inviolably ap- propriated, and applied to the support of common schools, throughout the state."
Of these state lands, as yet unsold, there remain about 350,000 acres, lying mostly in the northern part of the state, and valued at about $175,000. These constitute the unproductive portion of the school fund.
The productive capital of the fund amounts to upwards of two millions of dollars, and consists of bonds, mortgages, bank and state stocks, and money in the treasury, and yields a sufficient revenue to admit of the annual appropriation, and distribution of $110,000 among the several school districts.
An equal amount, viz : $110,000, was, by an act passed in 1838, devoted to the same purpose, from the United States deposit fund. An additional sum of $55,000, was also granted for the purchase of district libraries ; by an act passed in 1843, this may be expended, under certain restrictions, for maps, globes, and other school appara- tus. The whole sum appropriated, beside the above $55,000, is $220,000, which is applied to the payment of teachers' wages.
The year succeeding any enumeration of the inhabitants, state or national, an apportionment of this sum is made out, among the sev- eral counties, towns, and wards, according to their population, and
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STATE OF NEW YORK.
the money paid over to the treasurer of each county, for distribution.
A certified copy of the apportionment is then forwarded to each of the county clerks, to be laid before the board of supervisors, who are required to raise, annually, by taxation, a sum equal to that thus re- ceived. They may also raise any additional amount, not exceeding twice the amount of the apportionment, which the electors of any town may vote to raise, for school purposes. The amounts thus raised are to be paid over to the town superintendents, for distribu- tion among the districts.
In addition to these sums, many of the towns annually receive in- comes from local funds, arising either from the sale of school lots, reserved in laying out new townships, in 1789, or from bequests, &c. In most of the large cities, large additional amounts are also raised, under special acts, providing for the organization and support of com- mon schools.
The aggregate amount of funds applicable to school purposes, may be stated as follows.
Apportioned from state funds
$275,000
Equal amount raised by taxation 275,000 -
Sums raised by voluntary vote of towns
20,000
Sums raised under special acts in cities 200,000
Local funds -
20,000
$790,000
Amount raised on rate bills ,
- $450,000
Total amount annually raised, from all sources,
for common schools
$1,240,000
This is exclusive of the large amount invested in school houses, furniture, fuel, apparatus, text books, &c.
Districts and their officers. The entire territory of the state has been divided into about 11,000 school districts, each averaging nearly four square miles. The voters of each district choose three trustees, of whom one holds his office for one year, one for two, and one for three years, a district clerk, collector and librarian, who hold their office one year each.
Town Superintendents. The town superintendents of common schools are annually elected, by the people of each of the towns, at their annual town meetings, and have the general supervision of the common schools in their respective towns.
County Superintendents. The county superintendent is the next officer in the gradation of the system, and is appointed, once in two years, by the board of supervisors of each county. Either they, or the state superintendent, may remove him from office, for neglect of duty, or misconduct. Each county is required, by law, to have one county superintendent, and where the number of districts exceeds 150, two may be appointed.
These officers are charged with the general supervision of the schools of the county, or of that section of the county, for which they are appointed. Their compensation may not exceed $500 a year; one half of which is paid by the county, and the other half by the state, out of the annual surplus of the common school fund.
Within a few years past, the county superintendents, in addition
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to their duties specified by law, have called periodical meetings of the town superintendents, teachers, officers and inhabitants of dis- tricts, for the purpose of mutual consultation, and the improvement of the condition of the schools; they have organized and held teach- ers' institutes, in the spring and autumn, for the purpose of prepar- ing the teachers for the more efficient discharge of their duties.
In conjunction with the town superintendents, they select the pupils, which the county is entitled to send to the state normal school ; and deliver familiar lectures on topics connected with public school education, in each district, during their several visitations.
They also meet annually, in convention, for the purpose of mutual consultation with each other, with the head of the department, and with the friends of education, from this, and other states.
State Superintendent. The secretary of state is, by virtue of his office, superintendent of common schools. He maintains a corres- pondence with all the subordinate officers, and has a general over- sight over the whole. To him are referred, for final decision, all questions arising, relative to the common school laws, on appeal from the decisions of the county superintendents.
He is required to report, annually, to the legislature, the condition of the schools in the several counties, and to do all in his power to promote the interests, and extend the benefits, of popular education throughout the state. He appoints one of the clerks of the state de- partment, as his deputy, who aids him in the discharge of his duties, and who, in case of his absence, or the vacating of the office, becomes acting superintendent.
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