« ПретходнаНастави »
the public sentiment to the formation of minds of jurors have been constantly a political party, which avows as its ob- alarmed with the apprehension, that they ject the entire overthrow of the masonic might themselves act under the influinstitution ; and as the means of accom.ence of the existing irritation. plishing that end, the election to office But in fact there has been no such of such persons only as will unite in their connexion, and it is due to the honor policy. Many of our most intelligent and dignity of the government, and to fellow.citizens refuse to co-operate in the purity of the administration of juswhat they deem an uudistinguishing and tice, that the error should be exposed. intolerant proscription. Entertaining an The duty has been felt to be as imperihonest belief that ihe masonic institution ous as the task was difficult, to preserve has become ti seless, if it ever was valua- the judicial proceedings which have ble ; that from the nature of its organiza. taken place on the subject, wholly and tion it is liable to be perverted to wicked absolutely free from the contamination and dangerous purposes, and that in of any party influence whatever. And I this country secrecy and mystery are report to your Excellency, that this obunnecessary and suspicious — they yet ject has been accomplished, as far as the refuse to criminate ail the members of frailty of human nature would allow. the society in the misdeeds of a compar. Indeed the public sentiment in relation atively small number, and they deern to the prosecutions, has undergone a sober and calm appeals to the under- change. The feverish ansiety and irristanding of the community to be a more tation which were produced by an apeffectual mode of procuring an abandono prehension that the power of the government of the masonic institution, than any ment would not be efficiently exerted, party association, which may be snbject that it would be unequal to a full de to the imputation of personal motives. velopment of the facts of the case, have
The effect of the political organization yielded to a conviction that all constituallnded to, has been to compel a more tional and legitimate measures which strict and close union among those mem could be adopted, have been sedulously bers of the fraternity, who will adhere to employed, and have resulted in throwing it, and to excite a sympathy in their much light upon the transaction. The favor among their friends and fellow- public mind has therefore become mucb citizens, and thus to retard and obstruct tranquillized, and instead of vindictive the attainment of the professed object. hostility against those imp'icated, they
The irritation produced by this state are now rather considered as the infatuof things has been most disastrous to the ated instruments of a bad institution, peace and happiness of society in that than as culpable moral agents; and freeportion of the state. It has mingled in masonry, its obligations and its secresy, the business and in all the relations of have become the objects of deep and exlife, and has affected almost every ques- tensive hostility. A strong feeling of tion of a public nature. Your Excellen- individual sympathy has arisen in favor cy, therefore, will not be surprised by of the accused, of which a remarkable the information, that efforts have been instance has recently been furnished in made on both sides, in connect it with a verdict of acquittal, rendered under a the public prosecutions against the per- state of evidence, which, to say the least, sons charged with a participation in the would have afforded very plausible outrages upon William Morgan. On the grounds for a contrary resolt." I have one side, it probably has been supposed conceived this statement of the actual that their political objects would be pro- condition of public sentiment, in the moted by a belief of the existence of western part of this state, to be demandsuch a connexion Their opponents ed, as well for the information of the have concurred in efforts to impress the government, as to correct the many and same belief, probably with the expecta- extravagant errors prevailing on that tion of diverting the sentiment against subject. what is called the excitement,' and of Notwithstanding much labor and time being able to attribute to that cause have been devoted to the investigation, alone, any convictions of the accused it will probably be supposed that its prowhich might take place. Indeed this gress has been slow, and to those unachas been the most effectual weapon of quainted with the difficulties attending defence, on the various trials, in which it, it may appear to have been unnecesthe pending prosecutions have been sarily procrastinated. The occasion most erroneously and unjustly attributed seems therefore to require that the to political motives, and in which the causes of the delay should be stated.
From the members of the masonic will be seen how much time and effort fraternity, who still adhere to it, and who have been required to discover testimoconsider themselves included in the ny, to collect the necessary witnesses warfare of which an account has been and to secure their attendance before the given, no assistance whatever has been various grand juries, and at different received,although the occasions demand- courts, where trials were had or were ing it have been frequent. With but expected. few exceptions, witnesses who still be. Some of the indictments which had longed to the institution, have been re- been found under the direction of my luctant in their attendance at court, and predecessor, it was ascertained were ir. apparently indisposed to testify. Diffi. regular, for causes which were not culties which never occurred in any known to him, and which were beyond other prosecution, have been met at his control ; and in those cases new inevery step.-Witnesses have been se dictments became necessary.
There creted, they have been sent off into are now pending and untried, in the Canada, and into different states of the county of Niagara, indictments against Union. They have been apprised of twelve persons ; in the county of Ontaprocess being issued to compel their at- rio against two persons; and in the tendance,and have thereby been enabled county of Genessee,against four persons. to evade its service. In one instance, At the general sessions in Ontario, in after a party implicated had been arrest. May last, Eli Bruce, who had been pre: ed and brought into this state, he was viously tried and convicied for a conspidecoyed from the custody of the indi- racy to carry off William Morgan, but vidual having him in charge, and finally whose sentence had been suspended, to escaped. These occurrences have been take the opinion of the supreme court, so numerous and various, as to forbid the upon a question of law, was adjudged to belief that they were the result of indi. imprisonment in the county jail for two vidual effort alone, and they have evinc- years and four months. Ai the same ed the concert of so many ageuts as to court John Whitney and James Gillis indicate an extensive combination to were tried for the same offence; with screen from punishment those charged respect to the latter, the jury did not with a participation in the offence upon agree; the former was convicted and William Morgan. No evidence, how. sentenced to imprisonment in the county ever, has come to my knowledge to justi- jail for one year and three months. fy the belief that the members of the The circuit and oyer an't terminer masonic institution generally, have been which were appointed for Niagara counengaged in any such combination. ty, in April last, failed in consequence
It should not be inferred that the testi. of the indisposition of the circuit judge. mony which has been detailed in this In July, a special circuit and qyer and report, can be produced on any one trial. terminer were held in that county, at Some of the witnesses have escaped be. which the indictments then pending yond the reach of legal process; others there were removed by the defendants, peremptorily refuse to testify, and by certiorari, into the supreme court. they are in such a situation, that they The circuit appointed to be held in thai suppose themselves beyond the legal county, in the month of November last, means of coercion. Facts and circum- failed, in consequence of the prolonged stances which have been fully proved sitting of the Orleans circuit, so that the on a previous trial by direct testimony, indictments pending there could not be require therefore to be established on brought to trial. In August last, a cir. other occasions, by circumstantial evi- cuit and a court of oyer and terminer dence. From the number and variety were held in Monroe county, by Judge of the witnesses to be examined, and the Edwards, of the first district, at which complicated nature of the questions to be the only indictment then pending there determined, the investigations and the was removed into the supreme court, by trials necessarily occupy much time. the defendant. At the last October term
Until the expiration of the period pre- of that court, a special motion was made scribed by law, for commencing prose- by the defendant in that indictment, cutions, I have attended all the courts which was argued and denied; at the in the different counties where 'indict. present term the defendant has interments could be found, and have examin. posed a special plea in abatement. These ed witnesses before the grand juries proceedings have hitherto prevented the summoned at such courts respectively. joining issue upon the guili or innocence From what has been already stated, it of the defendant. In November last,
Elihu Mather was tried at the Orleans City of New YORK. – FINANCES. circuit, and after a trial of ten days was -The following abstract of the annual acquitted. A motion for a new trial has report of the Comptroller of the city of been made upon a case settled, which New York exhibits the state of the has been urged at the present term of finances of that city, and the extent of the supreme court, and is not yet deci- the receipts and expenditures of its ded. What yet remains to be done will treasury : be seen from these details.
The balance in the treas. It is impossible to predict what time ury on the 31st Decemwill be requisite to bring the pending ber, 1829, was prosecutions to a termination. It may Received into the treasury be safely affirmed, however, that they to 31st Dec. 1830, 1,036,940 40 cannot be terminated by trials, before the expiration of the term prescribed as
$1,038,089 30 the duration of the act; continuing in Paid out on 1551 warrants, 1,033,419 70 force the statute which originally au: thorised the employment of a special Balance in the treasury counsel
31st Dec. 1830,
$4,669 60 Considering the number of witnesses required on the trial of the indictments, The debt due by the city and the extraordinary difficulties attend. on the 31st December, ing the compelling their attendance by
$889,639 23 the usual ineans, some of which have The debt due by the city been stated, it has occurred to me, and I , on 31st Dec. 1830, 774,555 66 respectfully suggest the propriety of extending the provisions of sections 22, 23
Decrease $115,083 57 and 24, of Title 2d of Chapter and 4th The balance due the corporation for Part of the Revised Statutes, so as to the late State Prison lots of ground at conter the power which is there given Greenwich, is $67,975, which will be to justices of the peace, in requiring sure. payable with interest at 6 per cent. per ties from witnesses to criminal courts
annum on the 1st of May next. and magistrates after indictment found.
The receipts of the city treasury were I do not entertain any doubt of their now drawn from various sources. possessing such power, but its effectual From sales of manure, $19,033 45 exercise depends much upon its being From alien passengers, 14,901 distinctly known that it is possessed. From lottery offices,
7.000 The allowance which has been made Tavern and excise licenses, 30,800 to witnesses under the law authorising Rents,
49,692 44 the appointment of special counsel has From taxes, fines, &c., &c., 915,133 61 been confined to their actual and neces. sary expenses. Many of them have re
$1,036,940 50 peatedly been obliged to leave their Amongst other items of exhomes and attend court after court, for penditure were the folweeks, during which their business has lowing; suffered, and they have been materially. Expenses of city watch, $86,592 2.9 injured. Upon these the discharge of Public schools,
25,995 69 their duty has been most oppressive. An Police office,
12,928 92 indemnity for the loss of their time is Lamps,
49,381 11 not expected, but something towards Almshouse, Bridewell and compensation for the extraordinary sac Penitentiary,
125,021 66 rifices which they will in future be com- The sundry other expendipelled to make in the shape, either of a tures,
733,500 03 specific daily allowance, or of such sum as the presiding judge of the court shall
$1,033,419 70 deem reasonable, seems demanded by Total assessment of real estates in the obvious considerations of justice. The year 1829,
$76,834,880 00 public would not probably sustain any Do. •Personal,' 35,691,136 00 loss by such a provision, as it will save the otherwise inevitable expense of des. Total assessments, value 112,526,016 00 patching officers for such witnesses, and of delaying courts and juries to procure Amount of city tax,
507,107 24 their attendance.
The personal property of this city, as JOHN C. SPENCER. returned by the assessors for the last JANUARY 26, 1830.
eight years, has been as follows:
Real estate during Pacific ocean, part of which, also extendPersonal. the same period. ing to the Pacific, was granted in 1628, In 1822 $17,958,570 1822 $53,000,000 by the Plymouth Company to Sir Henry
1823 "33,246,941 1823 50,000,000 Roswell and his associates, called the 1824 35,550,906 1824 52,000,000 Massachusetts Bay Company. 1825 42,734,151 1825 58,000,000 • The first charter of Massachusetts 1826 42,534,931 1826 64,000,000 granted by king Charles I. appears to 1827 39,594,156 1827 72,000,000 have been vacated by quo warranto; a 1828 36,879,653 1828 77,000,000 second charter was granted by William 1829 35,984,136 1829 76,000,000 and Mary, in 1691, in which the territoThe amount of stocks, in banks, insur- rial limits of the province, although difance companies, &c. was, in addition, ferently bounded, are also made to ex$21.944,235.
tend westwardly to the Pacific ocean. MORTALITY IN NEW YORK. – The • The Province of New York was grantnumber of deaths in the city of New ed in 1663 by Charles II. to the Duke of York in 1829, was 5,094 ; in 1828,5.181 ; York and 'Albany, (afterwards king in 1827, 5,181; in 1026, 4,923.
James II.) who subsequently granted to Of the persons deceased in 1829, 1,333 Berkeley and Carteret the province of were men, 1011 women, 1,584 boys, and New Jersey. The remainder of the 1166 girls'; total, males, 2917, females country comprehended in the grant of 2177– excess of males 740. Number of king Charles Il. constituted the province deaths in January, 421 ; February, 410; of New York, which always claimed to March, 420; April, 356; May, 383; extend her límits, both as to right of June, 337; July, 471; August, 597 ; property and jurisdiction, as far north as September, 523 ; October, 434 ; Novem- the bounds of Canada. ber, 361 ; December, 381. The smallest
• Of the territory which by the treaty number of deaths was in June, and the of peace of 1783, was ceded by Great greatest in August.
Britain to the United States in their col. During the session of the legislature lective capacity, each of the individual for 1830, a bill was introduced for the States claimed such portions as were purpose of enabling the Holland Com- comprehended within their original pany to purchase in certain lands in the
grants or charters. town of Sheldon, in the county of Gene Massachusetts consequently laid see, upun sales under certain mortgages, claim to a strip of land extending to the which were assigned to them by Phelps westerly bounds of the United States, and Chipman. The bill was introduced thus dividing the state of New York ininto the legislature on the memorial of to two parts. the Agent General of the Company, • The legislature of Massachusetts, by sanctioned by the wishes of the settlers two acts passed 13th November, 1784, resident upon the land in question; and and 17th March, 1785, authorized a cesin order to secure to them (the settlers] sion, by their delegates in congress, to a perfect title, inasmuch as many of the the United States, of such part of the title deeds, derived from Phelps and territory between the Hudson and Misa Chipman, had been lost or destroyed, sosissippi rivers as the delegates might that it would be difficult to trace the title think proper, under which authority, a to any anthentic source.
deed of cession was executed by the delThe introduction of this having excited egates on the 18th April, 1785. attention, rumors were circulated in the
By this deed, all the lands which she western part of the state (where exten- claimed, west of the meridian which now sive tracts are held under the title of this constitutes the west bounds of this state, company) that the title of the company
were ceded to the United States. had escheated to the state. Efforts were
The claim of Massschusetts to all the made by some speculators to excite a prejudice against the rights of the com
remaining territory west of the Hudson, pany, which caused the publication of
was finally adjusted and seilled, by a its chain of title. As this document is convention, concluded at Hartford, Dec. interesting and contains an account of 16, 1705;. by which the presumptive the evidence upon which the title of this right of soil, (or right of obtaining it of large tract of country depends, we insert her, of all the territory of this state, west
the native Indians,) was confirmed to it at length
" King James I. in 1620 granted to the of a meridian line running through Sen. Plymouth Company, a tract of country bounding on the Niagara river, and run,
eca lake, a strip of one mile in width, called New England; running through the continent, from the Atlantic to the ning its whole length,
By a concurrent resolution of the which, on behalf of Massachusetts, they legislature of Massachusetts, passed in covenanted upon the terms and condi. the house of representatives, on the 5th, tions therein specified, to convey to him and in the senate on the 8th March, or to his assigns all the estate and inter1791, and duly approved by the govern- est of that commonwealth, in the lands or, a committee of each branch was ap- referred to in the foregoing resolution. pointed with power to negotiate a sale. The referred sixtieth part was afterwards to Samuel Ogden, of all the lands ceded conveyed to Robert Morris, by the state to that state, by the state of New York, of Massachusetts. excepting such parts thereof as had been • The lands of the Holland Land Compreviously granted to the United States, pany, are embraced in four deeds of and such parts thereof as then belonged conveyance, executed to Robert Morris, to Nathaniel Gorham and Oliver Phelps, by the above named committee, all dated their heirs or assigns, by virtue of any 11th May, 1791, each received the congrant or confirmation oi the common tract with Samuel Ogden, as contained wealth of Massachusetts, and receiving in the instrument of the 12th March, one equal undivided sixteenth part of 1791, together with his release of the the unexcepted lands. The committee covenants contained in that intrument, was composed of Samuel Phillips, Na- and his agreement that the lands therethaniel Wells, David Cobb, William Eus- in described should be conveyed to Robtis and Thomas Davis, who, in pursu- ert Morris, each reserving one undivided ance of the powers thus delegated to sixtieth part of the premises therein dethem, concluded, and on the 12th March, scribed, and severaliy conveying each a 1791, entered into, and executed a writ: distinct tract of land supposed to contain ten contract of sale, in the form of an 800,000 acres.' indenture, with Samuel Ogden, by
Sept. 1829. The controversy which Mt Wall declined the appointment has so long existed between New York and Peter D. Vroom was chosen in his and this state respecting boundaries now place. began to assume a serious aspect. Some The legislature of the state after a beds of oysters had been planted by the session of a few days only, adjourned to New Jersey oyster company near Am- meet again on the 5th of January. boy on the disputed territory and this At this session of the legislature all month the oystermen from Staten Isl- minors were exempted from militia duty. and commenced fishing there. Remon In the house of assembly, on the 7th strances were made against these alleg- Nov. Mr Hornblower, of Essex, offered ed trespasses, which being diregarded the following preamble and resolution. resort was had to military force, and the • Whereas the interest and prosperity fishermen were for a time driven off. of the state of New Jersey, in common They however returned and finally car with the other states of the union, essenried off the whole bed valued at $25,- tially depend upon a proper protection 000. Bills of indictment were preferred and encouragement of DOMESTIC MAN against some of thein at the next term of UFACTURES AND HOME INDUSTRY : And the Middlesex Court of New Jersey but whereas, the tariff lately established by no trial took place as the persons indict- congress, is calculated to afford such proed were not placed within the jurisdic- tection and encouragement, to inspire a tion of New Jersey.
spirit of national enterprise and indusThe Legislature met on the 27th Oct. try, and to promote the wealth and interat Trenton, Alexander Wurts, was elect- nal resources of our country, which can ed speaker of the Assembly, and Edward never be realized while dependent on Condict, Vice-President of Council. foreign manuafactures :- Therefore,
James D. Wescott was appointed Sec. • Resolved, by the council and general retary of Council, and Borden M. Voor- assembly of the state of New Jersey, hoes, Clerk to the House.
That the senators and representatives of joint meeting of th two Houses this state, in the congress of the United on the 30th Garret D. Wall, Esq. (Jack- States, be, and they are hereby requestson) was appointed Governor 39, vice ed, by their votes and influence in that Isaac H. Williamson, Esq. (Anti-Jack- body, to oppose a repeal, or any such son) 15.
modification or alteration of the existing