USA > New York > History of the state of New York, for the use of common schools, academies, normal and high schools, and other seminaries of instruction > Part 25
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17. From the period of the construction of the Albany and Schenectady Railroad, in 1830, which was the pioneer of this great system in New York, and the inception, aided by the credit of the State, of the New York and Erie Railroad at a later period, numerous acts of the Legislature authorizing the construction of these roads by incorporated companies were passed, and in every section of the State wholly or partially car- ried into effect. The Albany and Schenectady road was com- pleted to Utica, where it was soon intersected by another con- necting with the New York and Erie Road, and completing the connection between New York, Buffalo, and Lake Erie, and the facilities of rapid communication between these points was in-
Insurrection in Delaware County. - Proclamation of the Governor. - Martial law. - Trial and conviction of the Anti-Rent rioters. - Suppression of the insurrection. - Result of the November elections. - State Consti- tutional Convention approved. - Railroads.
263
RAILROADS AND TELEGRAPH.
creased by the construction of the Hudson River and Harlem Railroads between New York and Albany.
18. During the present and succeeding years these facilities were immeasurably increased by the opening of magnetic-tele- graph lines from Washington, through Philadelphia, New York, and Albany, to Boston, through the energy and genius of Profes- sor MORSE and HENRY O'REILLY ; and other similar lines followed in quick succession, opening instantaneous communication be- tween the principal towns and cities of the State and Union.
CHAPTER X.
ADMINISTRATION OF GOVERNOR WRIGHT. -- STATE CONSTITUTIONAL CONVENTION. - CONSTITUTION OF 1846. - FREE SCHOOLS.
1. GOVERNOR WRIGHT, in his message to the Legisla- 1846. ture of 1846, after recapitulating the incidents connected with the recent Anti-Rent outbreaks, and the suppression of the insurrectionary movements in the manor counties, recommended the abolition of the process of distress for rents hereafter to acerne, the taxation of the landlords' rents as income, and the restriction of all leases hereafter to be executed to a period of five or ten years. The State debt was estimated at $ 16,611,815, and the revenues from the canals during the preceding year at about two and a half millions of dollars.
2. The annual report of the Superintendent of Common Schools showed an increase of the number of school districts in the State to upwards of eleven thousand, in which were taught seven hundred and thirty-six thousand pupils, at an expense of upwards of one million of dollars, nearly half of which was con- tributed by rate-bill. Ninety-five thousand dollars had been expended in the purchase of school-district libraries, which numbered upwards of one million volumes. Acts were passed abolishing distress for rent and facilitating the legal remedies by re-entry on lands for its non-payment.
Magnetic telegraph. - Legislature of 1846. - Governor's message. - Anti-rent excitement. - State debt. - Canal revenues. - Report of Super- intendent of Common Schools. - District libraries. - Distress for rent.
264
SEVENTH PERIOD.
3. On the first day of June the STATE CONSTITUTIONAL CON- VENTION, the members of which had been elected in April. assembled at Albany, and organized by the election of ex- Lieutenant-Governor JOHN TRACY, of Chenango, as President, and FRANCIS STARBUCK, of Jefferson, HENRY W. STRONG, of Rensselaer, and FRANCIS SEGER, of Lewis, as secretaries. committee of seventeen was appointed for the distribution of the business of the Convention, who, on the succeeding dar. presented a report, which was adopted, and the several com- mittees charged with the consideration of the various subjects presented for discussion appointed.
4. No material alteration of the existing provisions of the Constitution of 1821 was made in the organization of the Ex- ecutive Department. In the Legislative Department, the only essential change was made in the requisition of the election of senators for a period of two years by single senatorial districts, . and of members of the Lower House by single Assembly districts in the several counties of the State. The power of impeachment of public officers was vested in the Assembly, and the Senate and judges of the Court of Appeals, presided over by the Lieu- tenant-Governor, constituted the tribunal for the trial of such impeachments.
5. Eight judicial districts were directed to be constituted, in each of which four judges of the Supreme Court, vested with legal and equitable powers, were to be elected, with such addi- tional number in the district composed of the city of New York as its population might from time to time require. These judges were required to be classified, so that the terms of each should expire once in every eight years, after the first classifi- cation. A Court of Appeals was organized, to be composed of eight judges, four to be elected by the people of the entire State for the term of eight years, and the remaining four to be selected from the class of justices of the Supreme Court having the shortest time to serve. Provision was made for the election of one of these justices every second year, and for the appointment of a Chief-Justice from their number, and presiding judges at the general terins, in the several District Courts, and also for
Constitutional Convention. - Organization of the Executive. - Legis- lative and Judicial Departments.
265
CONSTRUCTION OF THE COURTS.
the establishment of circuit courts and courts of oyer and ter- miner in the several counties.
6. Justices of the Supreme Court and judges of the Court of Appeal were made removable by concurrent resolution of both Houses of the Legislature, two thirds of all the mem- bers elected to the Assembly and a majority of the Senate concurring. All other judicial officers, except Justices of the Peace and judges or justices of inferior courts not of record, were made removable for cause to be stated, by the Senate on the recommendation of the Governor, after a full opportunity for defence. In case of any vacancy in the office of judge, the Governor was authorized to supply such vacancy by appoint- ment until the next ensuing election.
7. A county judge was required to be elected once in four years, in each of the counties of the State except New York, for the holding of county courts, and, with two Justices of the Peace, of Courts of Sessions, and the performance of the duties of Surrogate, when the population of the county was less than forty thousand. Justices of the Peace were made elective by the people of the several towns for a term of four years each. Tribunals of Conciliation were authorized for the voluntary settlement of litigated cases, and provision was made for the appointment of commissioners for the revision of practice and pleading in the several courts of the State, subject to the approval of the legislatures. Sheriffs, county clerks, district- attorneys, and coroners were to be elected in the several counties for a term of three years respectively.
8. The Comptroller, Secretary of State, Treasurer, Attorney- General, State Engineer, and Surveyor were required to be cho- sen by the electors of the State at the general election, once in every two years. Three Canal Commissioners and three In- spectors of State Prisons were to be also elected in the same manner, one of their number to be annually chosen for the term of three years. The Lieutenant-Governor, Secretary of State, Comptroller, Treasurer, Attorney-General, Speaker of the Assembly, and State Engineer and Surveyor were constituted
Removal of justices of the Supreme Court. - County judges. - Justices of the Peace. - Tribunals of conciliation. - Revision of practice and plead- ings. - County officers. - State officers.
266
SEVENTH PERIOD.
Commissioners of the Land Office ; the four first named of these officers Commissioners of the Canal Fund, and, in conjunction with the Canal Commissioners and State Engineer and Surveyor, the Canal Board.
9. After defraying the expenses of collection, superintendence, and ordinary repairs, the sum of one million three hundred thousand dollars was required to be annually set apart until the first day of June, 1855, and from that date one million seven hundred thousand dollars annually, from the revenues of the State canals, as a sinking fund for the payment of the in- terest and redemption of the principal of the canal debt ; and a further annual sum of three hundred and fifty thousand dollars from the surplus revenues of such canals, until a suf- ficient sum had been provided to pay the whole of such principal and interest.
10. On the completion of such payment, the sum of one and a half millions of dollars was required to be annually set apart as a sinking fund for the payment of the interest and redemp- tion of the principal of the general fund debt, including the amount due on loans of the State credit to railroad companies, until the same should be wholly paid; after which, and after defraying all expenses of superintendence and repair of the canals, such sum, not exceeding two hundred thousand dollars, to be annually appropriated from their surplus revenues to the use and benefit of the general fund, as should be required to defray the necessary expenses of the State.
11. The remainder of the canal revenues, after meeting these various appropriations, was authorized to be applied, in such manner as the Legislature should direct, to the enlargement of the Erie Canal, and the completion of the Black River and Genesee Valley Canals. Various other provisions were made for the occurrence of future deficiencies in the funds of the State, for the payment of its obligations, and the support of the government. All appropriations of money were required to be specifically stated in the acts for their provision ; and the credit
Commissioners of the Land Office and Canal Fund. - Canal Board. - Pro- vision for the payment of the canal debt. - Appropriations to general fund. - Erie Canal enlargement. - Black River and Genesee Valley Canals. - Provisions for deficiencies in State funds. - Appropriations of public money.
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267
THE CONSTITUTION OF 1821.
of the State forbidden to be loaned to or in aid of any indi- vidual, association, or corporation.
12. No debt, was thereafter to be contracted by or on behalf of the State, unless authorized by a law for some single speci- fied work or object, and unless provision at the same time were made for the imposition and collection of an annual State tax for the payment of the accruing interest, and the extinguishment of the principal of said debt within eighteen years thereafter ; nor could such law take effect until it should have been sub- mitted to the people of the State at a general election, and have received the approval of a majority of all the votes cast at said election for or against it. Such law, after such approval, might be at any time repealed, or its operation suspended, by the Legislature, with the exception of the provision therein made for the collection of a tax to defray any expenditures in- curred.
13. No such law was allowed to be submitted to the people within three months after its passage, or at any election, when any other bill or any proposition for the amendment of the Con- stitution should have been so submitted. On the final passage of any bill imposing, continuing, or reviving a tax, creating a debt or charge, or making, continuing, or reviving any appropri- ation of public money, or discharge of any claim or demand of the State, three fifths of all the members elected to each House were required to constitute a quorum, and the ayes and noes to be taken and recorded on such bill.
14. Corporations, including banking and other associations, were authorized to be formed under general laws, and special acts for this purpose were prohibited, except for municipal purposes and in cases where, in the judgment of the Legislature, the object of such corporations cannot be attained under general laws. Suspension of specie payments by any such corporation or association was prohibited to be sanctioned or in any man- ner allowed by the Legislature ; all bills or notes put in circu- lation as money were required to be registered, and ample se-
Loans to individuals, associations, or corporations. - Restrictions on the contraction of State debts. - Corporations to be formed under general laws. - Restrictions on banking associations. - Registry and redemption of bank-notes.
268
SEVENTH PERIOD.
curity for their redemption in specie furnished to the State, and stockholders made individually responsible for any deficiency.
15. The capitals of the Common-School, Literature, and United States Deposit Funds, were respectively to be preserved inviolate. and their revenues applied exclusively to the purposes of their crea- tion. The sum of twenty-five thousand dollars was directed to be annually applied from the revenues of the United States Deposit Fund to the increase of the capital of the Common-School Fund.
16. The Legislature was directed to provide for the organiza- tion of cities and incorporated villages, and so to restrict their powers of taxation, assessment, borrowing money, contracting debts, and loaning their credit, as to prevent abuses in such as- sessment, contracts, and loans.
17. Provisions were made for future amendments to the Con- stitution by the Legislature, with the approbation of the people at elections, general or special ; and also for the calling of a State Convention for that purpose at the general election in 1866, and in each twentieth year thereafter.
18. During the session of this Convention the first move- ment was made for the establishment of FREE SCHOOLS through- out the State. With the exception of the city of New York, the several common schools were supported in great part by local taxation and the payment of rate-bills for teachers' wages, after deducting the share of public money apportioned to each, amounting to considerably less than half the amount annually required. In the smallest and poorest localities, where educa- tion was most needed, the contributions from the State fund were the most meagre.
19. On the 15th of June, Mr. ROBERT CAMPBELL, of Otsego, offered a resolution in the convention inquiring into the pro- priety of a constitutional provision for the establishment of such a system of common schools as would enable every child in the State to secure the benefits of a good education. This resolution, with a memorial on the same subject from the State Convention of county superintendents, was referred to the Educa- tional Committee.
Common-School, Literature, and Deposit Funds. - Incorporation of cities and villages. - Provision for future amendments. - Efforts for the establishment of free schools.
269
ADOPTION OF THE NEW CONSTITUTION.
20. On the 22d of July, Mr. NICOLL, of New York, Chairman of that Committee, reported to the Convention a series of reso- lutions declaring the inviolability of the Common-School, Litera- ture, and United States Deposit Funds, and providing for the establishment by the Legislature of a system of free schools for the education of every child between the ages of four and sixteen years, whose parents were residents of the State.
. 21. On the 8th of October, the day preceding the final ad- journment of the Convention, this provision was adopted as a part of the Constitution, by a close vote of 57 to 53, and with the remainder of the resolution ordered to be engrossed as such. After a temporary recess, on the reassembling of the Convention in the afternoon, the portion of the resolution providing for the establishment of free schools was, on the motion of Mr. ARPHAXED LOOMIS, of Herkimer, stricken out, and the residue of the article only retained.
22. The November elections resulted in the election of JOHN YOUNG, of Livingston, the Whig candidate for Governor, by a majority of upwards of eleven thousand votes over Governor Wright, and the re-election of ADDISON GARDINER, of Monroe, the Democratic candidate, for Lieutenant-Governor, over HAMIL- TON FISH, of New York, by thirteen thousand majority. The majority in favor of the adoption of the new Constitution was about 130,000.
23. On the 24th of December of this year, General ERASTU'S ROOT, of Delaware, died in the city of New York, whither he had gone on a visit. For nearly half a century he had taken an active part in public life, and had occupied at different times many prominent positions in the State and national govern- ments. As a member and presiding officer of both branches of the State Legislature during a long period, as Lieutenant-Gov- ernor of the State, and member of the House of Representatives of the United States, he was distinguished for ability in de- bate, inflexible honesty, and great executive and administrative power.
Election of John Young as Governor and Addison Gardiner as Lieu- tenant-Governor. - Adoption of the new Constitution. - Death of Erastus Root.
3
1
State Hall at Albany.
EIGHTH PERIOD.
FROM THE CONSTITUTION OF 1846 TO THE PRES- ENT TIME.
CHAPTER I.
ADMINISTRATION OF JOHN YOUNG. - MEXICAN WAR. - GENERAL PAR- DON OF ANTI-RENT PRISONERS. - DEATH OF GOVERNOR WRIGHT.
1. SUBSEQUENTLY to the annexation of Texas as one of the States of the Union, the spoliations committed on the 1847. commerce of the United States by Mexico, and the refusal or neglect of her government to make adequate compensation for the injuries thereby suffered by our citizens, together with the display of a military force on the Rio Grande, led to the de- claration of war against that nation. During the past year, active preparations for hostilities had been commenced in every
271
PEACE WITHI MEXICO.
section of the Union, and an appropriation of the necessary funds made by Congress for its efficient prosecution. The vic- tories of Palo Alto, - Resaca de la Palma, Monterey, and Buena Vista, had been gained by Major-Generals TAYLOR and JOHN E. WOOL. Major-General SCOTT was marching upon the capital, with the gallant General WORTH and his brave compatriots, and New Mexico and California had been conquered by General KEARNEY and Captain JOHN C. FREMONT.
2. President Polk, during the session of Congress of 1846, had requested an additional appropriation of two millions of dollars for the negotiation of a peace between the two nations, based upon the cession by Mexico of California, in discharge of the demands of our government. As a condition of this grant, Mr. DAVID WILMOT, of Pennsylvania, proposed a resolution, that, in the territory so to be purchased, neither slavery nor involun- tary servitude, except as a punishment for crime, should be per- mitted to exist.
3. Early in the session of 1847 this proviso was renewed by PRESTON KING, of St. Lawrence, one of the representatives from New York, fortified by a joint resolution of both Houses of the Legislature of that State, passed by a nearly unanimous vote. An appropriation of three millions of dollars was, however, made by Congress, without the incorporation of this clause, notwith- standing the vote of the New York delegation in the House of Representatives, with one exception, and Senator Dix, in its favor.
4. Governor YouNG, in his annual message to the Legislature, reviewed the general condition of the State in its various depart- ments, and, among other things, recommended the adoption of early measures to carry into effect the provisions of the new Constitution for the appointment of commissioners to reform, simplify, and abridge the rules and practice, pleadings, forms, and proceedings of the several Courts of Record in the State. He also earnestly urged the requisite appropriations for the com- pletion of the Erie Canal enlargement and the construction of the Genesee Valley and Black River Canals.
5. Soon afterwards a proclamation was issued by him recapitu-
The Mexican War. - Brilliant campaigns of Generals Taylor and Scott. -- Negotiations for peace. - The Wilmot Proviso. - Proceedings of the Legislature.
272
EIGHTH PERIOD.
lating the origin and progress of the Anti-Rent controversy : and granting a full pardon to the prisoners convicted in Columb: and Delaware Counties, two of whom had been sentenced to death, and their punishment been commuted by the late Gover- nor to imprisonment for life. This proclamation was based chiefly upon the ground that the offences for which the punish- ments were inflicted were political offences .; and the occasion and excitement attending their commission having passed over, public policy no longer demanded a continuance of the penalty. Fifty-four persons, including those capitally convicted, were dis- charged under this proclamation.
6. On the 7th of May an act was passed authorizing the es- tablishment of a FREE ACADEMY in the city of New York, with the concurrence of a majority of the legal voters in said city, which was at once procured, and the Academy was organized during the ensuing year under the presidency of Dr. HORACE WEBSTER. Under the provisions of an act passed during the preceding year, schools for the instruction of Indian children were organized on the Onondaga, Cattaraugus, Alleghany, and St. Regis Reservations. Schools were also authorized to be established in the principal cities and large towns, for the separate instruction of colored children, in which about five thousand of this class of children were gathered, -the resi- due being instructed in the ordinary district schools of the State. On the 7th of June an act was passed providing for the immediate resumption of the public works.
7. In the mean time the strong fortress of San Juan d'Ulloa at Vera Cruz had been captured by the forces under General Scott, and General WORTH appointed Military Governor ; the Mexican fortresses of Chihuahua, Cerro Gordo, Jalapa, and Pe- rote, the city of Puebla, the village of Cherubusco, the fortified camps at National Bridge, Contreras, San Antonio, Molino Del Rey, and the castle of Chapultepec, captured ; and on the 14th of September the city of Mexico was entered by the American troops, and the war soon after terminated by the cession of Cali-
Pardon to the Anti-Rent convicts. - Grounds of executive clemency. - New York Free Academy. - Indian and colored schools. - Resumption of the public works. - Termination of the Mexican War. - Cession of Cali- fornia.
273
DEATH OF SILAS WRIGHT.
fornia for the sum of fifteen millions of dollars, The part taken in all these victorious conflicts by the officers and troops of the State of New York was eminently creditable to the bravery and valor of its citizens.
8. On the 27th of August, Governor WRIGHT suddenly expired from disease of the heart, at his residence in Canton, St. Law- rence County. Since his retirement from the Executive Depart- ment he had devoted himself to agricultural pursuits, and had just completed an address to be delivered before the State Agri- cultural Society, at Saratoga Springs, in September, which was read on that occasion by his friend, General Dix. The highest honors were paid to his memory by the various municipal au- thorities, and a special message communicated to the Legislature at its September session by Governor Youxa, followed by reso- lutions of the two Houses expressive of their sorrow for his loss. Similar honors were paid by various State legislatures through- out the Union.
9. Few abler or more gifted statesmen have graced the coun- cils of the State and nation than SILAS WRIGHT. His strict and unwavering integrity, his clear comprehension of the various important questions upon which he was from time to time re- quired to pass, his marked simplicity of character and deport- ment, and his superior qualifications as a political leader, made a profound impression upon the public mind, and endeared his memory to the hearts of his countrymen,
10. As a leading member of the State Senate, State Comp- troller, United States Senator, and Governor, he was eminently distinguished for intellectual ability, uncompromising integrity, great suavity of manners, and a persuasive and convincing elo- quence. Although he had repeatedly and firinly declined the nominations to the two highest offices of the national govern- ment, no statesman in the Union, at the period of his death, occupied a more prominent position in the public view, or pos- sessed a larger share of the public confidence.
11. At the November election the Whig party again car- ried the State by a large majority. Lieutenant-Governor Gardi- ner having resigned his position for a seat on the bench of the
Death of Silas Wright. - Public honors to his memory - His character.
18
274
EIGHTH PERIOD.
Court of Appeals, HAMILTON FISH, of New York, was chosen in his place ; CHRISTOPHER MORGAN, of Cayuga, was elected Secretary of State and Superintendent of Common Schools : MILLARD FILLMORE, of Erie, Comptroller ; and AMBROSE L. JOR- DAN, of Columbia, Attorney-General. ADDISON GARDINER of Monroe, GREENE C. BRONSON of Oneida, FREEBORN G. JEWETT of Onondaga, and CHARLES H. RUGGLES of Dutchess, were elected judges of the Court of Appeals. .
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