From the Eighth Senate District.

Carlos Emmons,

Harvey Putnam,

Frederick F. Backus,

Gideon Hard.

Prayer by the Rev. Mr. Harrington.

Ordered, That Mr. Beekman and Mr. Spencer wait upon his Excellency the Governor, and inform him that the Senate are convened, and ready to proceed to business.

Ordered, That Mr. Clark and Mr. Folsom wait upon the Assembly with a like message.

On motion of Mr. Scovil,

Resolved, That the Clerk of the Senate furnish to the LieutenantGovernor and each member of the Senate, such newspapers as they may direct, not exceeding in amount two daily papers.

Mr. Johnson offered the following concurrent resolution which was read and laid on the table, to wit:

Resolved, (if the Assembly concur,) That the joint rules of the Senate and Assembly, which were in force at the last session of the Legislature, be adopted for the government of the two Houses during the present session.

On motion of Mr. Barlow,

Resolved, That the Clerk be directed to invite the clergymen of this city having charge of congregations to open the daily sittings of the Senate with prayer, in such order as may be most convenient to themselves.

On motion of Mr. J. B. Smith,

Resolved, That all committees of the Senate and all joint committees on the part thereof, for the present session be appointed by the President.

On motion of Mr. Emmons,

Resolved, That when the Senate adjourns it will adjourn to meet to-morrow morning at eleven o'clock, and that it will continue to meet at that hour until otherwise ordered.

Mr. Wright offered the following concurrent resolution which was read and laid on the table, to wit:

Resolved, (if the Assembly concur,) That the joint library committee to be appointed under the resolution of April 21, 1840, shall consist of three members of the Senate and five members of the Assembly.

Mr. Beekman reported that Mr. Spencer and himself had waited upon the Governor and delivered the message of the Senate; to which the Governor replied, that as soon as he should receive a similar message from the Assembly, he would transmit a message to both branches of the Legislature.

Mr. Clark reported, that Mr. Folsom and himself had waited upon the Assembly and informed them that the Senate were ready to proceed to business.

A message was received from the Assembly delivered by Mr. Wor

den and Mr. Ludlow, informing that the Assembly were organized and ready to proceed to business.

Mr. Jones offered the following concurrent resolutions which were read and laid on the table, to wit:

Resolved, (if the Assembly concur,) That this Legislature approve of the course of those of their Senators and Representatives in the Congress of the United States, who have been the firm and consistent supporters of the great measure of the age, the annexation of Texas to the territory of this Union, and who by their timely and energetic action have helped to bring it to an honorable consummation.

Resolved, (if the Assembly concur,) That this Legislature entertain, and now desire to express their unqualified approval of the course and policy of the President of the United States upon the subject of the American claim to Oregon; that our title to the whole of that territory is unquestionable, and that we rely with confidence upon the wisdom and firmness of our popular and patriotic Chief Magistrate, acting upon and practically carrying out the commendable maxim of his lamented predecessor, to demand, as well as to submit to nothing, but what is right, so to dispose of this important question as that the interests and honor of the nation shall be promoted and preserved.

Resolved, (if the Assembly concur,) That our Senators in Congress be instructed, and our Representatives requested, to exert their influence to procure at the earliest possible period the passage of a law, "establishing an Independent Treasury" for the safe-keeping of the public moneys.

Resolved, (if the Assembly concur,) That we are opposed to a National Bank, and that our Senators in Congress be instructed, and our Representatives requested, to oppose the incorporation of such an institution, by whatever name or in whatever form it may be presented.

Resolved, (if the Assembly concur,) That we are opposed to any tariff law whose object shall be protection instead of revenue; that we are in favor either of a repeal of the present law, or such a modification of it as that in case of discrimination and incidental protection, all the great interests of the country, to wit, agriculture, the mechanic arts, commerce and manufactures, may be put upon an equal footing; and that our Senators in Congress be instructed, and our Representatives requested to carry into effect this resolution.

Resolved, (if the Assembly concur,) That the present Chief Magistrate of the United States, in the ability and wisdom with which he has conducted the administration of the government, has fully met the most sanguine expectations of the American people; and this Legislature cannot avoid expressing the high gratification which it feels in having, at this time, at the head of the government, an individual who has the clearness to perceive, the boldness to protect, and the patriotism to preserve and maintain the honor and fame of our beloved .country.

Ordered, That the usual number of copies of said resoulutions be printed.

Mr. Porter offered the following concurrent resolutions which were read and laid on the table, to wit:

Resolved, (if the Assembly concur,) That the Senators in Congress from this State be instructed, and the Representatives from this State be requested, to aid by their influence and their votes, in procuring the passage of a law for establishing a constitutional treasury for the safekeeping of the public moneys; and for thus separating the financial affairs of the government from those of banking institutions, according to the views of the President, as expressed in his message.

Resolved, (if the Assembly concur,) That the said Senators be instructed, and the said Representatives be requested, to use their best efforts to secure the establishment of a tariff, in conformity with the principles upon that subject, set forth in the President's message.

And whereas, the title of the United States to the whole of Oregon is clear and unquestionable: yet still, with a view to an amicable arrangement of the conflicting claims of the United States and Great Britain to that territory, our government have repeatedly offered a very liberal proposition, but which has been rejected.

Therefore,

Resolved, (if the Assembly concur,) That although war is a great calamity, yet that a sacrifice of national honor is a greater; and if Great Britain shall still adhere to her unfounded pretensions, and shall make on her part no proposition on the subject of an amicable arrangement, which our government shall deem acceptable, and war shall be the consequence, that the State of New-York will stand side by side with her sister states, in defence of her rights to the Oregon territory. And further, that notice of the termination of the joint occupancy should be promptly given; and that such measures as may be consistent with treaty obligations, and as are necessary for the protection of the rights and interests of the United States, and of their citizens who now are, or may become residents of that territory, or may be emigrating thither, should forthwith be provided by Congress; and that the said Senators be instructed, and the said Representatives be requested, to use their exertions to secure the passage of laws on these subjects, as recommended in the message of the president.

Ordered, That the usual number of copies of said resolutions be printed.

A message from the Governor, delivered by his private secretary, was received and read as follows, to wit:

TO THE SENATE AND ASSEMBLY.

FELLOW-CITIZENS :

We are assembled to perform the highest and most responsible duties pertaining to civil government. Other departments are charged with the administration and execution of the law. Upon the Legislature is devolved the duty of making the law. Its action is the rule of administration and execution. That action is over all

and rests upon all. It binds the conduct of men to the extent of the extreme penalty of human life, and the interests of men to the extent of every thing which can be held as property. The office of the legislator is one of the highest dignity. The trust reposed in him by his constituency, is one of the gravest import. Our ambition should be to discharge this trust well and faithfully, and our expectations of honor should be measured by the strength of our consciousness that sound principles, disinterested intentions, and patriotic impulses govern our acts.

The reflection that we are the mere agents of the people, elected not to serve ourselves but them, should be ever present with us. The great elements of their prosperity are in their hands, not ours. Their own patient industry and careful frugality, and their firm devotion to equal rights and equal laws, are the foundation and the life of our institutions, and are within their own keeping. Laws are necessary to enable them to pursue this industry and enjoy its fruits; to obtain these rights and reap their benefits. Burdens must be imposed upon them and their property to defray the expenses of carrying these laws into effect. These things they cannot well do in person. Hence the delegation of power to us; and the discharge of this agency is the responsible duty upon which we are about to enter. The fewest and simplest laws consistent with the security of the great objects to be attained, and the lightest burdens which their enforcement will permit, must be the best and wisest execution of the trust; the most salutary and acceptable to the constituency, and the most honorable to the representative.

If these simple principles are kept steadily in view, and permitted to govern our action, our duties will be rendered comparatively easy; their performance pleasant, and their discharge beneficial to the public. If we try our measures by the influences they must exert upon the interests and pursuits of all classes of society, and carefully compare every expenditure we authorize with the promises of benefit to the whole people, we shall escape the worst perplexities which are usually attendant upon legislation; avoid the most serious dangers which beset our path; and lay no foundation for the complaints, which most deeply disturb the public mind.

That legislation which equalizes the benefits and burdens of government, extends the same encouragement to the enterprise and industry of all in every situation and employment, and attempts to secure no special privileges to any, will diffuse prosperity throughout a community; because, under such a system of laws, all will feel that the fruits of their industry are justly secured to themselves. On the contrary, attempts to confer favors by law upon classes or localities, produce a competition destructive to profitable industry; a strife, not to earn, but to gain the earnings of others. Such a policy may accumulate wealth in a few hands more rapidly than equal legislation, and may, to the superficial observer, present the greater show of prosperity; but the appearance is artificial and delusive; and is

produced by a forced and unequal distribution of the proceeds of the labor of all. The tendency of this false system is to separate capital from productive labor, and, carried out to its full extent, will produce the singular result, that he who labors least may accumulate most, and he who works the hardest may know the most want.

A choice between these lines of policy, in the discharge of our legislative duties, cannot be difficult, and will not, I trust, be doubtful.

In presenting to you the condition of the State, a reference to its internal peace may well claim the first place.

In my annual message of the last year, it became my unpleasant duty to announce to the Legislature that the public peace had been interrupted, the laws resisted by armed force, and that my predecessor had been compelled to order into service a portion of the militia of the State, to preserve the one and enforce the other. That military force was in the field at the time that communication was made to the Legislature. In that paper I gave at length the character of these disturbances, and, in every form which presented itself to my mind as likely to exert a beneficial influence, appealed to the tenants of the estates, between whom and the landlords of the same estates the controversy nominally existed, to change their course, and withdraw their countenance, their influence, and their contributions of money and means from the desperate men, who were making armed resistance against the laws.

At that time human life had been sacrificed, in two several instances, to the mad spirit of insubordination, and those incidents were referred to as natural fruits of such unlawful violence, and as startling warnings of worse results, if the same spirit continued to be encouraged.

These disturbances, and the proper remedies to be applied to them occupied much of the time of the last Legislature, and among other measures adopted, was a law "To prevent persons appearing disguised and armed." The provisions of this law were so stringent, and its penalties so severe, that the confident hope was indulged of an abandonment of the use of the disguises, the protection of which, as experience had shown, constituted the principal danger. Repeated instances of flagrant outrage had demonstrated that those who would stoop to disguise their persons, in pursuit of an unlawful object, only required to have their confidence in the protection of the disguise sufficiently strengthened, to bring them to the commission of any degree of crime. In other words, the universal principle was illustrated in these proceedings, that crime requires concealment, and that he who dare not, in the open light, look the law in the face, will be emboldened, under the cover of darkness, or the protection of the mask, to outrage its requirements, and strike down its defenceless ministers.

This law had not long been in force, when it became apparent that the hopes entertained of its salutary influence were not to be realized. Confidence in the disguise became stronger than the fear of punish