USA > New York > Civil List and Constitutional History of the Colony and State of New York > Part 28
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1 Resigned May 23, 1853.
4 Died.
2 Diel December 11, 1893. 5 Declined to serve.
3 Resigned August 10, 1876. 6 Failed to qualify.
Robert S. Hade 2.
April
29,1876
240
ADIRONDACK SURVEY.
into the region, the magnetic iron ore with which that portion of the State abounds led them astray and caused great confusion. At the time of the geological survey under the administration of Governor Marey, and subsequently under Governor Seward, the great iron de- posits were developed and became valuable and important estates.
Previous to 1865, at which time Verplanck Colvin commenced the exploration of the Adirondack region, the interior of the Wil- derness had remained almost unknown. The work was continued by him at his own expense until 1872, at which time the Legislature, recognizing the importance of the work, gave its aid for the purpose of securing a systematic topographical survey of the Wilderness. Subsequent to 1872 the survey was conducted at the expense and under the control of the State. Its plan, which is fully set forth in the Superintendent's annual reports to the Legislature, is an accu- rate triangulation of the mountain peaks, where the copper bolts marking the instrument stations serve as imperishable monuments of reference. To the triangulation as a basis, or skeleton, the topography of the region is attached, forming a map of the whole, dependent upon astronomical observations for its meridians, instead of on the variable magnetic needle, which had been proved useless in the region. The work has been of great practical value for the reason that the survey has been the means of the re-establishing and monumenting long-lost boundaries of ancient royal grants, at a time when legal disputes of grave character rendered their re-discovery of importance, besides providing indisputable land-marks for future guidance.
An act passed May 25, 1878 (chap. 370), extended the time for the completion of the topographical survey and exploration of the Adirondack wilderness region, six years. In accordance with the provisions of the act, work on the survey was discontinued May 25, 1884. The supervision of the work from its inception until its dis- continuance was directed by Superintendent Colvin, who made an- nual reports of the progress of the work to the Legislature; his compensation was fixed at $2,500 per annum. Assistants and clerks were appointed by the Superintendent. The Seal of the office was the Arms of the State as described in chapter 190, of the Laws of 18$2, surrounded by the inscription, "State of New York - Su- perintendent of the Adirondack Survey."
Chapter 499 of the Laws of 1883 passed June 2, directed the Su- perintendent of the Adirondack Survey to make surveys showing
1
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241
COMMISSION OF STATE PARKS.
the location and area of the detached portions of State lands in the counties of Clinton, Essex, Franklin, Fulton, Hamilton, Herkimer, Lewis, Saratoga, St. Lawrence and Warren, and to connect the same with the surveys of the interior, and to show upon a map or maps the position of such lands. The act required the methods of survey to be in accordance with those used on the Adirondack Survey, and directed that copies of all maps relating to such State lands be filed in the office of the Comptroller and State Engineer and Surveyor.
Verplanck Colvin .. .... .. Superintendent.
COMMISSION OF STATE PARKS.
An act of the Legislature passed May 23, 1872 (chap. 848), estab- lished a Commission of State Parks for the State of New York ; the Commissioners, seven in number, were named in the act, they served without compensation and were appointed for the term of two years. They were charged with the duty of inquiring into the expedi- ency of providing for vesting in the State the title to the timbered region lying within the counties of Lewis, Essex, Clinton, Franklin, St. Lawrence, Herkimer and Hamilton, for the purpose of convert- ing the same into a public park. The Commissioners were required to report the result of their labors, with such suggestions as they might have to make to the Legislature, at its next session. In sub- mitting their report May 15, 1873, they say :
" After a careful consideration of the projected forest park, with its practical bearing upon the interest of the people of the whole State, we are of opinion that the protection of a great portion of that forest from wanton destruction is absolutely and immediately re- quired. We do not favor the creation of an expensive and exclusive park for mere purposes of recreation, but condemning such sugges- tions, recommend the simple preservation of the timber as a measure of political economy. The conclusion that the permanent preserva- tion of a large portion of this forest is necessary, is based upon nu- merons considerations intimately connected with the great business interests of the State, conspicuous among which is an adequate sup- ply of water for the use of the people of the State.
It has been shown that the forests preserve and protect the springs and streams among them ; and when we find individuals managing their property in a reckless and selfish manner, without regard to the vested rights of others, it becomes the duty of the State to in-
31
5
242
COMMISSION OF STATE PARKS.
terfere and provide a remedy. Here, by ruthless destruction of the forest, thoughtless men are depriving the country of a water supply which has belonged to it from time immemorial, and the public in- terest demands legislative protection. The canal interests of the State are very great, and are already suffering from this wrong. The water supply of the Champlain canal is entirely obtained from the streams of this wilderness and the Erie canal, from Rome to Albany is almost entirely supplied from the same watershed. In the Indson, near Albany and Troy, navigation at midsummer has become very difficult. The mill owners at Glen's Falls and at other points find that their water supply is failing; and the farming lands throughout the State suffer from storms and droughts of increasing severity. It is of no consequence that, through ignorance of the natural laws governing rain and rivers, men have hitherto permitted, without pro- test, the injustice which they felt, but the cause of which they did not understand. The State must apply the remedy, and to protect their interests, preserve the forest. The great Adirondack forest has a powerful influence upon the general climatology of the State; upon the rain-fall, winds and temperature, moderating storms and equalizing throughout the year the amount of moisture carried by the atmosphere ; controlling, and in a measure subduing, the power- ful northerly winds, modifying their coldness and equalizing the temperature of the whole State."
The Commissioners say in concluding their report: "There is no need for any expenditures, save, possibly, in the improvement of a few of the principal roads leading to the settlements. The forest is in itself a natural park, and it would be improper to think of in- closing and fencing it, for it should be a common unto the people of the State. The question before your commission is one of great importance to the State, and requires their further considera- tion. For the present we deem it advisable, and recommend, that the wild lands now owned and held by the State be retained umtil this question is decided."
No action was taken in the matter by the Legislature umtil Febru- ary 6, 1883, at which time an act was passed (chap. 13), setting apart all State lands in the Adirondack region as a reservation, and pro- hibiting the Commissioners of the Land Office from making sales of State lands in the counties of Clinton, Essex, Franklin, Fulton, Ham- ilton, Herkimer, Lewis, Saratoga, St. Lawrence and Warren. Thus the Adirondack Park -the Atlantic coast equivalent of the Yosemite
5
243
FOREST COMMISSION.
and United States Yellowstone Park -has become an accomplished fact, as the people of New York have through its Legislature re- served for public use forever, the grand, healthful northern forests of the State, one of the exceptionally beautiful portions of the con- tinent, diversified by lakes, rivers, mountains and broad stretching forests. Of this immense traet the State owns more than 573,000 acres much of which is heavily timbered.
Subsequent to the passage of the act of 1883, it was found that by tax sales against half-owners of lands, the State had become jointly interested with certain lumbermen, and was also owner of cultivated farm lands and town and village lots in the Adirondack counties ; as such lands were not desirable for the great forest reser- vation, an additional act, passed May 25, 1853 (chap. 470), provided for the settlement of ownership of lands held by private parties jointly with the State, and for the sale of the cultivated lands and town lots owned by the State. By an act passed May 15, 1885, (chap. 283) the "Forest Commission" have the custody and con- trol of all the wild lands of the State.
COMMISSIONERS OF STATE PARKS.
COMMISSIONERS.
APPOINTED.
COMMISSIONERS.
APPOINTED.
Horatio Seymour
Patrick H. Agan .
William B. Taylor George H. Raynor.
May 23, 1872 May 23, 1872 May 23, 1572 May 23, 1872
William A. Wheeler, Verplanck Colvin ... Franklin B. Ilough
May 23, 1:72 May 23, 1872 May 23, 1872
FOREST COMMISSION.
An act of the Legislature passed May 15, 1885 (chap. 283), au- thorized the Governor, by and with the advice and consent of the Senate to appoint three persons to be known as Forest Commis- sioners. At the first meeting of such Commissioners, the act re- quired that they should divide themselves by lot, so that their terms of office expire in two, four and six years respectively ; the full term thereafter to be six years. Commissioners may be removed Ley the Governor for cause, and he is authorized to fill vacancies, sub- ject to confirmation by the Senate at its next session.
The Commissioners serve without compensation, except that there may be paid them their reasonable expenses incurred in the per- formance of official duty. They are authorized to employ a forest warden, forest inspector, a clerk and such agents as they may deem necessary, and to fix their compensation, but the total expense of
مر
244
FOREST COMMISSION.
the Commission is limited to the sums appropriated therefor by the Legislature.
All of the lands owned or hereafter to be acquired by the State, within the counties of Clinton, excepting the towns of Altona and Dannemora ; Essex, Franklin, Fulton, Hamilton, Herkimer, Lewis, Saratoga, St. Lawrence, Warren, Washington, Greene, Ulster and Sullivan constitute and are known as the forest preserve, which the act directs shall be forever kept as wild forest lands and shall not be sold, or shall they be leased or taken by any person or corpora- tion, either public or private. The Forest Commission have the care, custody, control and superintendence of the forest preserve. It is made the duty of the Commissioners to maintain and protect the forests now on the forest preserve, and to promote as far as practi- cable the further growth of forests thereon. They also have charge of the publie interests of the State, with regard to forests and tree planting, and especially with reference to forest fires in every part of the State. The powers previously vested in the Commissioners of the Land Office and in the Comptroller, so far as they related to the lands set aside for a forest preserve, were by the act transferred to the Forest Commission.
The Commissioners may, from time to time, prescribe rules and regulations, which they may alter or amend, affecting the whole or any part of the forest preserve, and for its use, care and administra- tion. The forest warden, forest inspectors, foresters and other per- sons acting upon the forest preserve under the written employment of the forest warden or the Forest Commission, may, without war- rant, arrest any person found upon the forest preserve violating any of the provisions of the forestry law. The Commissioners are au- thorized to bring actions in the name or on behalf of the people of the State to prevent injury to the forest preserve or trespass thercon, and the Attorney-General is required to prosecute and defend sach actions. And it is further provided that the Forest Commission shall take such measures as the Department of Public Instruction, the Regents of the University and the Forest Commission may ap- prove, for awakening an interest in behalf of forestry in the public schools, academies and colleges of the State, and of imparting some degree of elementary instruction upon this subject therein.
All income derived from State forest lands is required to be paid over by the Forest Commission to the treasury of the State, and a
245
STATE RESERVATION AT NIAGARA.
strict account shall be kept of all receipts and expenses, which ac- count shall be audited by the Comptroller and a general summary thereof reported annually to the Legislature. In January of every year the Commissioners are required to make a written report to the Legislature of their proceedings, together with such recommendations for further legislative or official action as they may deem proper.
FOREST COMMISSIONERS.
COMMISSIONERS.
APPOINTED,
WHOSE PLACE.
COMMISSIONERS.
APPOINTED.
WHOSE PLACE,
D. Willis James
15, 1855
William Dowd.
May
15, 1555
Declined. Declined. Two years.
Townsend Cox Sherm. W. Knevals.
Sept. 11,1885 Sept. 11, 1555
Four years. Six years.
Theodore E. Basselin
May
15,1555
COMMISSIONERS OF THE STATE RESERVATION AT NIAGARA.
An act of the Legislature, passed April 30, 1883 (chap. 336), an- thorized the Governor, by and with the advice and consent of the Senate to appoint five persons to be known as "The Commissioners of the State Reservation at Niagara," who were empowered to select and locate such lands in the village of Niagara Falls and the county of Niagara and the State of New York, as in their opinion might be proper and necessary, to be reserved for the purpose of preserving the scenery of the Falls of Niagara and of re- storing such scenery to its natural condition. The lands, however, were not to be taken possession of in the name of the State until such time as the Legislature should make the necessary appropriation for the payment of land-owners. The compensation to be paid by the State to the respective property-owners, having been determined by appraisers appointed for the purpose by the courts ; the Legisla- ture, by chapter 182 of the Laws of 1885, appropriated the sum of $1,433,429.50 for the payment of the several awards. The act also provides that the lands so purchased shall be known as " the State Reservation at Niagara," and that they shall be forever ie- served by the State for the purpose of restoring the scenery of the falls of Niagara to and preserving it in its natural condition ; and that such lands shall forever be kept open and free of access to all mankind without fee, charge or expense to any person for entering upon or passing to or over any part thereof.
By a subsequent act of the same year (chap. 286) passed. May 20, the State Reservation at Niagara was placed under the control and management of the Commissioners of the State Reservation at Ni-
246
THE CAPITOL.
agara and their successors in office. A majority of the Conmission- ers constitute a quorum for the transaction of business; they have power to lay out, manage and maintain the reservation and make and enforce ordinances, by-laws, rules and regulations necessary to effect the purposes thereof, and for the orderly transaction of busi- ness not inconsistent with the laws of this State; they also fix the prices to be charged by drivers of public conveyances for carrying persons for hire within the limits of the reservation ; and are anthor- ized to appoint a superintendent and employ such other persons as may be needed, one or more of whom, to be designated by the Com- missioners, shall have the powers, and may perform the duties, of a police constable, in criminal cases. The Commissioners fix the com- pensation of the persons who may be appointed or employed by them, but no debt or obligation can be created by them exceeding the amount of money at the time at their disposal.
The term of office of the Commissioners is five years, they serve without pay, but are reimbursed for actual expenses incurred in the performance of official duties, vacancies in the Board are filled by the Governor. They are authorized to appoint a secretary and treasurer of the Board. And in the month of January of every year the Com- missioners report their proceedings and a statement in detail of all their receipts and expenditures for the next preceding calendar year to the Legislature, with an estimate of the work necessary to be done and of the expenses of maintaining the reservation for the ensuing year they also make such recommendations and suggestions as they shall see fit.
COMMISSIONERS OF STATE RESERVATION AT NIAGARA.
COMMISSIONERS.
APPOINTED.
COMMISSIONERS.
APPOINTED.
William Dorsheimer
May
2,1883
2, 1883
J Hampden Robb
May
2, 1833
Martin B. Anderson Sherman S. Rogers ...
May May 2,1883
Andrew Green .....
May 2, 1883
1
THE CAPITOL
The seat of government during the colonial period was in the city of New York. The Legislature generally held its sessions at the Fort during the early portion of the period, and subsequently met in the City IIall. Occasional sessions were held at Jamaica. New York was nominally the capital during the Revolution, but the occupancy
27
OLD AND NEW CAPITOLS.
of the city by the Royal troops compelled the Legislature to meet at Poughkeepsie, Kingston and Albany. After the evacuation, sessions of the Legislature were held at these places, or in New York, as the two Houses might from time to time agree, or as the Governor might designate. The Legislature has met continuously in Albany since 1798, the sessions being held at first in the Stadt Huys, corner of Broadway and Hudson avenue. In 1803, the Common Council of the city adopted a resolution requesting the Legislature to pass an act, authorizing the erection of a State and Court House, and appointed a committee to prepare a petition and map, and to report an estimate of the cost.1 The committee submitted their report March 7th, and the Legislature authorized the erection of the build- ing by an aet passed April 6, 1804. Commissioners were appointed by the act. The corner stone was laid April 23, 1806, by Philip S. Van Rensselaer, Mayor of the city; the building was termed the Capitol by an act passed in 1809, and the Commissioners rendered their final accounting in 1814.
THE NEW CAPITOL.
The first legislative action with reference to a New Capitol was taken April 24, 1863, when, on motion of Hon. James A. Bell, the Senate referred the subject to the Trustees of the Capitol and the Committee on Public Buildings. In 1865, the Senate appointed a committee of three to receive propositions from various cities. In response to the circular issued by the committee, Albany proposed to convey Congress Hall block, or any other lands in the city required for the purpose. This proposal was accepted, and an act passed, authorizing the erection of a New Capitol, May 1, 1865 (chap. 648). The corner stone was laid June 24, 1871. The exercises included an introductory address by Hon. Hamilton Harris, reading of documents placed in the corner stone by Hon. William A. Rice, an address by Governor John T. Hoffman, and Masonic ceremonies conducted by Most Worshipful John H. Anthon, Grand Master. The Legislature by a concurrent resolution, adopted May 14, 158, declared the new building to be the Capitol of the State of New York, and it was formally occupied as such, January 7, 1879. The same evening the citizens of Albany gave a reception in honor of the event, and commemorative exercises were had under authority of the Legislature on the 12th of February following.
J This committee consisted of John Cuyler, Charles D. Cooper and John V. N. Yates.
248
CAPITOL COMMISSIONERS.
COMMISSIONERS.
COMMISSIONERS.
APPOINTED.
COMMISSIONERS.
APPOINTED.
OLD CAPITOL.
William C. Kingsley
April 26,1871
John Tayler
April
6,1801
William A. Rice ...
April
26, 1871
Daniel Hale
April
6, 1:04
Chaumery M. Depew.
April 26.1-71
Philip S. Van Rensselaer.
April
6, 130}
Delos De Wolf.
April
26, 1571
Simeon De Witt ..
April
6.1:04
Edwin A. Merritt ..
April
26, 1871
Nicholas N. Quackenbush
April
6, 1504
NEW CAPITOL - First Board.
May
3,1866
Thomas Fuller.
Aug.
12, 1868
John V. L. Pruyn.
May
3, 1866
Eidlitz, Richardson & Co.
Sept.
12,1570
Obadiah B. Latham
May
3, 1866
James S. Thayer.
May
19, 1868
William A. Rice. ....
May
19, 1868
SUPERINTENDENTS.
John Bridgford
Sept.
10, 1868
William J. MeAlpine.
June
11,1873
James W. Eaton ...
Jume
12, 1574
James Melntyre, Ass't 1.
Dee.
20,1873
Second Board.
Richard B. Rock, Ass't
Jalı.
20,1650
Hamilton Harris.
April
26, 1871
The second Board was superseded by an act of the Legislature of 1875 (chap. 134), and the Lieutenant-Governor, Attorney-General and Auditor of the Canal Department were constituted Commissioners of the New Capitol. An Advisory Board to the Commissioners was appointed July 15, 1875, consisting of F. Law Ohinstead, Leo- pold Eidlitz and Henry Richardson. This Board was superseded by the appointment of Architects in 1876. An act passed March 30, 1883, authorized the Governor, by and with the advice and consent of the Senate, to appoint an officer to be known as the Commissioner of the New Capitol, who shall have charge of the work of construct- ing and finishing the New Capitol; he is authorized to employ labor, purchase material and make contracts, which in all cases must be awarded to the lowest bona fide responsible bidder. He is re- quired to give a bond of $50,000, conditioned for the faithful per- formance of the duties of his office, and receives an annual salary of 87,500. The term of his office is the same as that of the Governor from whom he receives his appointment. The same act abolished the office of Superintendent of the Capitol. A subsequent law of the same year (chap. 349) designated the Governor, Lieutenant-Gov- ernor and Speaker of the Assembly, ex-officio Trustees of the fin- ished portions of the New Capitol building, and of several of the other public buildings of the State at Albany, for which they are authorized to appoint a Superintendent.
James Terwilliger.
May
19, 1868
John T. Hudson.
May
19, 1568
Alonzo B. Cornell ..
May
19, 1868
ARCHITECTS
Hamilton Harris ....
An act of the Legislature passed May 23, 1885 (chap. 330) consti- tuted the Governor, the Attorney-General, the presiding officer of the Senate and the Speaker of the Assembly a Board of Advisory
1 Mr. Eaton was appointod Superintendent of the finished part of the New Capitol and Mr. McIntyre his assistant.
249
SUPERINTENDENT OF PUBLIC BUILDINGS.
Commissioners of the unfinished portion of the Capitol. Such Board is required at all times to be familiar with the progress of the work on the Capitol building, and from time to time, and suffi- ciently in advance of the work for an economical and prudent ad- ministration thereof, to designate, in writing, to the Commissioner of the Capitol, the parts and portions of such building that shall be advanced or completed under the appropriations made by the Legis- lature, and the Commissioner is required to act in accordance with such instructions. The Advisory Commissioners also designate the maximum number of persons to be employed on the work. It was further provided by the act that the existing plans of the building shall not be departed from or changed except upon the written assent of the Board of Advisory Commissioners. The powers invested in the Board may be exercised by a majority thereof and not other- wise. The total expenditures and advances for all purposes, from the State Treasury on account of the Capitol building to September 30, 1885, was $17,310,720.12.
COMMISSIONER.
Isaac G. Perry Appointed April 5, 1883.
SUPERINTENDENT OF PUBLIC BUILDINGS.
By the provisions of chapter 349, of the Laws of 1883, passed May 2, the Governor, Lieutenant-Governor and Speaker of the As- sembly were constituted trustees of the public buildings of the State located at Albany and were authorized to appoint a suitable person to be superintendent thereof, who shall have the charge and care of the same. The Superintendent, subject to the approval of the trustees, appoints all persons necessary in the maintenance depart- ment of the buildings and grounds under his charge, he also, with the approval of the trustees, purchases all supplies required in that department. The Superintendent holds office for two years and is required to give his constant attention to the duties of his office. Ile subscribes the usual official oath and gives a bond in the penal sum of $10,000 for the faithful performance of his duties. He is au- thorized to arrest without process on the public grounds under his charge.
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