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The HON. HENRY C. MURPHY, formerly MAYOR of the city of Brooklyn, and more recently a Member of the National Legislature, has made a move in CONVENTION to drive the LION from the bush. We find the following in the Albany Argus and Albany Atlas.
Mr. MURPHY offered the following resolution: Resolved, That it be referred to the committee of seventeen to inquire into the expediency of appointing a select committee to take into consideration so much of the constitution as relates to municipal corporations.
Mr. MURPHY was induced to offer that resolution in such a form in consequence of the intimations recently thrown out in the Convention, in the course of the discussion relative to appointing this committee of 17, viz: that unless propositions were properly advocated here, that there would be but little chance before the committee. And therefore he would very briefly state the reasons that induced him to offer this resolution now.
He would not trouble the committee had we not had intimations in the different projects which have been thrown out by the gentleman from Herkimer, and the gentleman from Orange, that this very important subject, which is embraced in the resolution he had offered, would no receive that preliminary investigation in the committee, which the importance of the subject seems to me at least to require. If he understood the gentleman from Herkimer (Mr. Loomis) correctly, he proposed to enquire into municipal corporations only so far as relates to debt and taxation. Now, sir, this is too limited; too circumscribed, and he could well conceive how the mind of the gentleman from Herkimer, intently occupied as he has been, upon that great question of debt and taxation-may have overlooked-may not have fully considered the other great questions that must come before us in relation to municipal corporations. Why, sir, this is one of the most important questions that will have to be agitated in this Convention. Your municipal corporations affect onefourth of the entire population of this State-even if we confine the same merely to cities; but if you include the incorporated villages, then sir, they affect one-third of the whole population of the commonwealth. To the other two-thirds this may not be considered a matter of much moment; but to the one-third it is a question of vital importance. And he had long since come to the conclusion, in his own mind--the decided conviction--that whether the charters of these corporations derived their existence from royal grace, or State legislation, they have equally usurped powers, legislative and judicial. He did not wish to go into details in connection with the powers and abuses of these corporations; but merely to impress the importance of this enquiry on the minds of the committee. The proposition of the gentleman from Orange differs from that of the gentleman from Herkimer, and at the same time it seeks to embrace too much. He proposes that the committee on this point shall investigate the appropriation of public monies for private purposes, also the subject of private corporations and of municipal corporations. What a field of enquiry does this present? Sir, it is too vast for the powers of one committee. The very first branch of the proposition opens the whole subject of our financial policy; and the subject of private corporations is one on which the public mind has been agitated almost ever since the adoption of the constitution, as to their provisions and their powers. Now, if these two great subjects are to be properly investigated by any one committee, how much chance does my proposition in relation to municipal incorporations stand for a due investigation.
The proposition of the gentleman from Orange, (Mr. Brown,) ought to be divided into three propositions; and then each would stand a chance of being fully examined. By this sub-division, we should be greatly the gainers in other points. For he felt certain that there were gentlemen here who feel themselves equally qualified to investigate and decide on the subject of private corporations, who perhaps might be disposed to distrust their knowledge on the subject of municipal corporations. He would instance the honorable gentleman from Suffolk, (Mr.
Cambreling,) whose long experience in the national legislature, when this very subject was repeatedly under the most searching discussion-his great opportunities for obtaining information in relation to it, and his great study of the questions connected with it-point him out as the most proper person to take in hand the subject of private corporations, whilst at the same time he might distrust his knowledge for the thorough investigation of public corporations. And the honorable gentleman at the head of the list of the New-York delegation, though he may not have been able to devote so much of his time thereto, yet having seen probably more of the practical workings both of private and municipal corporations, is equally qualified to investigate either. He would beg pardon for thus pointedly alluding to these gentlemen, but he had done so merely by way of illustration. As to the using of public monies for private purposes, there were many gentlemen here who had fully studied the subject; but who not having dwelt in cities, had never felt the power from the throne, greater than the throne itself,—and therefore have never reflected upon the extraordinary power of municipal corporations in this particular. His object in rising at this time, was not to detain the Convention; but merely to impress upon the minds of the Committee, now, the vast importance of the subject embraced in his resolution; and he would move its reference to that committee of 17.
It was altered so as to read, "the committee be directed to enquire into the expediency," &c. and then it was adopted.
By the following proceedings in Convention. it will be seen that MR. MURPHY has been appointed Chairman of the Committee on Municipal Corpora
CONSTITUTIONAL CONVENTION. FRIDAY, June 12.
The President announced the committees on the several subjects named in the resolution adopted on Wednesday, as follows:
1. On the apportionment, election, tenure of office and compensation of the Legislature-Messrs. W. Taylor, R. Campbell, Salisbury, White, Burr, Sanford, W. B. Wright.
2. On the powers and duties of the Legislature except as to matters otherwise referred-Messrs. Stetson, Powers, Miller, St. John, Harrison, J. J. Taylor, McNitt.
3. On canals, internal improvements, public revenues and property, public debt, and the powers and duties of the Legislature in reference thereto; and the restrictions, if any, proper to be imposed upon the action of the Legislature in making donations from the public funds, and in making loans of the moneys or credit of the State-Messrs. Hoffman, Tilden, Gebhard, Hunter, W. H. Spencer, Greene, Richmond.
4. On the elective franchise-the qualifications to vote and hold office-Messrs. Bouck, Gardiner, Kennedy, Dodd, Dorlon, Wood, E. Huntington.
5. On the election, tenure of office, compensation, powers and duties (except the power to appoint or nominate to office) of the Governor and Lieutenant Governor-Messrs. Morris, Porter, Hyde, Kingsley, Penniman, Clark, Waterbury
6. On the election or appointment of all officers, other than legislative and judicial, and the Governor and Lieutenant Governor, whose duties and powers are not local, and their powers, duties and compensation-Messrs. Chatfield, Perkins, Kemble, Strong, Nicholas, Danforth, Shaver.
7. On the appointment or election of all officers whose powers and duties are local, and their tenure of office, powers, duties and compensation-Messrs. Angel, Jones, Archer, Dubois, Maxwell, Hawley,
8. On the militia and military officers-Messrs. Ward, Chamberlain, McNeil, Bruce, Stanton, Kernan, A. Wright.
9. On official oaths and affirmations; and the competency of witnesses, and oaths and affirmations in legal and equity proceedings-Messrs. Rhoades, Baker, Forsyth, Cornell, Brundage, Brayton, Hotchkiss.
10. On the judiciary-and the appointment or election of judicial officers, and their tenure of office and compensation-Messrs. Ruggles, O'Conor, Kirk
land, Brown, Jordan, Loomis, Worden, Simmons, Bascom, Hart, Stephens, Patterson, Sears.
11. On the rights and privileges of the citizens of this State-Messrs. Tallmadge, Ayrault, Swackhamer, Parish, D. D. Campbell, Witbeck, Yawger.
12. On education, common schools, and the appropriate funds-Messrs. Nicoll, Munro. Bowdish, A. W. Young, Tuthill, Willard, Hunt.
13. On future amendments and revisions of the Constitution-Messrs. Marvin, Riker, Vache, Cook, Nellis, Graham, J. Young.
14. On the organization and powers of cities and incorporated villages, and especially their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit-Messrs. Murphy, Allen, Stow, Mann, Crooker, Van Schoonhoven, Sheldon.
15. On the power of counties, towns, and other municipal corporations, except cities and incorporated villages, and especially their power of local legislation, taxation, assessment, borrowing money, and contracting debts-Messrs. Brown, R. Campbell, F. F. Backus, Smith, Tafft, Flanders, Candee.
16. On the currency and banking-Messrs, Cambreleng, Russell, Dorlon, Townsend, E. Spencer, Cuddeback, Taggart.
17. On incorporations, other than banking or municipal-Messrs. Loomis, Shepard, Bergen, Dana, Conelly, H. Backus, Warren.
18. On the creation and division of estates in lands--Messrs. Nelson, Harris, Flanders, Bull, A. Huntington, Hutchinson, Clyde.
Mr. Chamberluin offered a resolution appointing Francis Seger one of the secretaries, and Mr. C.'s resolution was adopted. Adjourned.
SATURDAY, June 13.
By Mr. O'Conner, that in actions of libel the truth may be given in evidence; and if it shall appear to the jury that the matter charged as libelous, is true, and was published with good motives and justifiable ends, the party shall be acquitted, the jury to be judges of the law and fact. Referred.
By Mr. Morris, to appoint commissioners to dispose of the unfinished legal business, so that the new Referred. courts have a clear start.
By Mr. Morris, to incorporate the principle of non-imprisonment for debt in the Constitution. Re
By Mr. Sheldon, to make bank stockholders individually liable for the debts of the bank. Referred. By Mr. Conely, in relation to the policy of usury laws. Referred.
By Mr. Angel, in relation to betting on elections, and bribing at elections, and disqualifying voters on offending. Referred.
By Mr. Bowdish, to grant the clergy all the privileges enjoyed by other citizens and subjecting them to their duties. Referred.
By Mr. Marvin, to abolish the two-third provision on voting on acts of incorporation and in lieu thereof to require the assent on each act of a majority of the Referred. members elected.
By Mr. A. W. Young, to extend to the colored citizens the right of voting, and abolishing the property qualification. Referred.
By Mr. Townsend, to give members of the Legislature a salary instead of a per diem allowance. Referred.
By Mr. J. J. Taylor, to encourage short sessions of the Legislature, and to reduce per diem allowance after a certain time. Referred.
By Mr. Bascom, instructing the Judiciary Committee to report in favor of abolishing the Court of Chancery. Laid on the table, and ordered to be printed.
By Mr. Rhoades, to prohibit the Legislature from passing any law which shall suspend or alter any of the legal or equitable remedies for the collection af debts and the enforcement of contracts, so as to operate retrospectively. Referred.
By Mr. Jordan, to prohibit the future creation of any estates in lands, reserving the rents in fee, or for life or for any longer term than years; also all covenants for quarter or tenth sales, and all other covenants in restraint of alienation and of forfeiture. Referred. Adjourned.
COPY OF A LETTER FROM THOMAS SPEN
Saltville, Washington Co., Va. May 31, 1846. Dear Sir.
Your letter of the 22d instant was received yesterday, and also the newspapers, for which I thank you. I have called upon Mr. King for his meteorlogical table for this month, and for the deficient days in March, which he will furnish me in time to enclose herewith.
I cannot rely upon my recollection for the hour at which the thunder storm of April 30th occurred, but I will endeavor to ascertain from some one who recollects more distinctly than I do, before I close my letter.
I am glad to hear that you are about obtaining a respite from your severe labors and confinement in the city, and to treat yourself with the luxury of breathing the pure air of the Adirondack Mountains. It would, however, have afforded me much greater pleasure, if your interest and pleasure had directed you to the Mountains of Western Virginia, when I could have had the pleasure of your society for a short time. Mr. Preston, Col. King, Dr. McCall, Mr. Milnor, as well as myself, are very desirous to receive a visit from you in the course of the summer; and if you will do us the favor, we pledge ourselves to have a sufficient leisure to accompany you in rambling among our beautiful mountains, as frequently as you desire.
I have visited the cave that I spoke of in my last, since I last wrote you. I was accompanied by Col. King, and several others, who are unknown to you. It was a delightful, pleasant excursion. We arrived at the mo h of the cave at nine o'clock in the morning, wher we found Thomas Lee, Esq. and his brother, whom we had sent word the previons evening our intended visit. The plantation aud residence of these gentlemen is near the cave, and on our approach, we found them, with true Virginia hospitality, prepared with lighted candles ready to accompany us through the dark caverns. conjectured, the cave is formed in lime stone. The passage of the first 200 yards is rather rugged and difficult, entering at the base of a mountain, and descending, but not precipitous, until we had reached the above named distance, at which point we descended upon a ladder, which had been arranged by the Messrs. Lees', a perpendicular chasm of 30 feet; at the foot of the ladder, we found the room more spacious, but the pathway by no means smooth and even. The excavation at some points is 40 or more feet wide, and perhaps from 20 to 40 feet high; and at one point, the roof is so high that it cannot be seen by candle light. There are numerous avenues branching from the main passage, where a stranger might easily be lost. At the distance of about onefourth of a mile from the entrance, we left the main path, and turning to the left, ascended a precipitous cliff about 50 feet, and entered a spacious chamber, beautifully decorated with stalactities of white spar, of various shapes and dimensions, some pieces of which we brought out with us, a part of which I design for your use.
Col. King and myself engaged a man, who went with us, to get out and deliver to us at Saltville, a beautiful white spar about ten feet long and six inches in diameter. It was attached to the floor and roof of the cave, where it stands as if it was designed for a support to the weighty superincumbent rock. If he succeeds in getting it out, (which will be rather a difficult task,) we intend to box it up and send it to you.
The mountain from the base where we entered to the top, I should think, is about 300 feet high. There is a river that makes its appearance in another part of the cave, but this we did not visit, as some of our party were too much fatigued to proceed further, and we retraced our steps, and emerged into broad and open day; when our party proceeded to the plantation of the Messrs. Lee, and partook of a sumptuous repast, prepared by the kind and amiable sisters of our interesting friends and hosts.
You must come to Virginia, if your kind and benevolent heart would feast upon true and generous hospitality. Your New-York climate is too cold to produce it in such perfection as you will find it here,
MEMOIR OF ELI WHITNEY,
THE INVENTOR OF THE COTTON GIN.
By DENISON OLMSTED, Professor of Natural Philosophy and Astronomy, Yale College, New Haven, Conn.
We have received from the distinguished Professor the author of this memoir, a neatly printed pamphlet of 80 pages, for which we are thankful.
Mr. Whitney was a wonderful man; his mind was commissioned by his Creator with a developement that has revolutionised the commerce of the world an illustration of the benificence of the Great Creator to the human family, for it is they that are the beneficiaries, and not the individual who executes the commission.
We extract from pags 63 of the memoir, as follows:
In 1784, an American vessel arrived at Liverpool, having on board, for part of her cargo, eight bags of Cotton, which were seized by the officers of the Custom house, under the conviction that they could not be the growth of America. The following extracts from old newspapers, will exhibit the extent of the Cotton trade for the subsequent years. "Cotton from America arrived at Liverpool, Eng. 1785, January.--Diana, from Charleston, 1 bag. February.-Tening, from New York, 1 " June.-Grange, from Philadelphia, 3 "
5 bags. 1786, May.-Thomas, from Charleston, 2 bags. 4 June.-Juno, from Charleston, bags. 1787, April.-John, from Philadelphia, 6 bags. June.-Wilson, from New-York, 9 -Grange, from Philadelphia, 9 Aug.-Henderson, from Charleston, 40" Dec.-John, from Philadelphia, 44
108 bags. 1788, Jan, Mersey, from Charleston, 1 bag. -Grange, from Philadelphia, 5 June.-John, from Philadelphia, 30 July. Harriet, from New-York, 62 "-Grange, from Philadelphia,111 -Polly, from Charleston,
282 bags. "The whole Domestic Exports from the United States in 1825, were valued at 66,940,000 dollars, of which value 36,846,000 was in Cotton only. In general, this article is equal to some millions more than one-half of our Exports. The average growth for the three years previous to 1828, was estimated at 900,000 bales, which is near 300,000,000 lbs., of which about one-fifth was consumed in our manufactories,"
"Eli Whitney was born at Westborough, Worcester County, Massachusetts, Dec. 8, 1765," p. 5.
Mr. Whitney, left New-Haven, Conn. for the State of Georgia in 1792, for the purpose of undertaking the business of teacher in a private family in that State; the person who contracted with him, disappointed him, and avoided the engagement, and he was left a guest in the family of General Green; while under their hospitable roof, he discovered a plan for constructing the Cotton Gin, now extensively used. How wonderful are events; how often do disappointments in one concern, prove the way for success in others, which but for the particular disappointment might have remained dormant.
Brownsville, Pa., was seriously injured by a hur ricane, yesterday week. Several houses, the bridge, and a new steamboat were unroofed, and two carpenters wounded.
We have received from DAVID T. VALENTINE, Esq. Clerk of the Common Council of the City of NewYork, a beautiful volume of the CORPORATION MANUAL, for the years 1845 and '6. This work is edited by Mr. Valentine, and he is honored in the work, for it is well arranged, and a highly useful publication. The maps and lithographic views with which it is embellished, would be more durable if printed on paper less liable to break in folding. Mr. Valentine, like Deputy Comptroller Campbell of Albany, has been long in office, and his experience in this has been his good schoolmaster. Mr. Valentine is one of the most obliging public officers to be found in our city, and his desire and endeavours to faithfully perform the duties of this most difficult office, rendered so by political changes, has won for him a good name among those who have public business to transact with him.
The ancient records of the City and County of New-York, Mr. Valentine will find a rich field to labor in; and he will be able every year that it please the GIVER and SUSTAINER of life to continue to him health, to gather a rich harvest of the records of by-gone years to enrich the future pages of his Manual.
MUNICIPAL REGISTER OF THE CITY OF BOSTON.-We have received from the Board of Permanent Assessors of the City of Boston, a beautifully bound volume of the MUNICIPAL REGISTER OF THE CITY OF BOSTON.
The Board of Permanent Assessors is composed of Three Members, which meet every working day in the week throughout the year, at nine o'clock in the morning, and continue in session till one P. M.
This Board, with the Clerks, receive a salary in all $4,000 per annum. This constitutes the expense of the office, with the exception of stationery and fire wood.
The business of the office is managed with system and order, and afford to the citizens of Boston advantages in the transaction of their business in relation to Taxes, that no other city in the Union pos
Mc CULLOUGH'S GEOGRAPHICAL DICTIONARY.-We have received from the Hos. JAMES HARPER, formerly the distinguished Native Mayor of the City of New-York, two large volumes of MC CULLOUGH'S GEOGRAPHICAL DICTIONARY, a very useful, and therefore a very valuable work. In the title page, is a note from the worthy donor, of which the following is a copy:
"Presented to E. Meriam, Esq. as a token of sincere regard for the many excellent qualities that adorn his public and private character, by
We are thankful for the gift, and grateful for this kind expression of approbation, from one of our fellow citizens, so highly esteemed and so greatly beloved as is the worthy donor by all who know him.
A humble desire to merit the high commendation, is so devout an aspiration, that it flows spontaneously from my breast in recording this notice.
REAL ESTATE AND PERSONAL PROPERTY.
The total valuation of Real and Personal Estate of this city for 1845, was $135,948,700; increase over 1844, $41,367,100. Amount of taxes, $811,338 19, or $7 08 to each inhabitant. Tue amount of property, alienable and unalienable, belonging to the city itself, is $14,512,557.-Boston Paper.
The State Convention now in session, should incorporate a provision in the Constitution, to protect the resting place of the dead It is an all important matter, and should receive from the members of the State Convention that attention which its importance demands.
The statement of fees and charges in the proceedings for opening streets in the city of NewYork, are of a most alarming character. The fees are to be taxed, it appears, before Mr. Hallet, who is also a Chairman of the Commissioners in two of the three cases. Such proceeding should receive the prompt attention of the State Convention.
We place the following before the State Convention
to Dated New York. June 4, 18462mm tuginn onT
SUP LEVERIDGE, Attorneys soil 2 6t aft', af mit! of
Daniel Ewen, Surveyor's bill, CounseDand Attorney's fees,DAS JUDY80196 to Room hire of the Commissioners;í 97/— 12ANDI -Meetings blufty, 28 at $4,30 TO-29R8A 1992.00?? Whitney, 61 at $49mulov bun244:00 tir Leveridge, 61 at 4, 40 YTI 244.00 70 bCollector,i P104922A truuntry to bre 200.00 (@Printing,w 7079 1998 iblis „erodn: 3: 519:40 to Other expenses, pasy out moddguozait 20v3:50 ni Apprhiser's billissas ni omitudo bragni:40:00 ir ai vulez a ovisnor ezitað sit diw brized, pint geoqzo sift sotuitetos siaT na mus 1993.021/86 l'a bAppointed by a rule of the Street Department of the Supreme Court of Judicature of the State of Newit York acting as Street Commissioner of that portion of the county of New York hot laid down on the Cons missioner's Map of 1807 on Monday, Sept. 4th, 1845, at Albany, Sworn at New York on Monday the 8th day of September, 1845.
-ZOITOJA JA LEROY STREETDJOJIT) 5M
Super on the Mayor
lines of Said Le Roy Street and Burton Street'r respectively meet or intersect offer Public notice is hereby given that the case and charges incurred by reason of the prot the costs the above entitled matter, will be ter a Court, proceedings in by WILLIAM PALLETT Esq. one of the his office in the City Hall of the City of Newon the twenty-second day of June instant, at ten o'clock in the forenoon of that dayib oldurul A Dated New-York, June 4, 1846. WM. P. HALLETT un tuovob oe ri J. W. C. LEVERIDGE,Commissioners. most Az arza JAEH to onded four so¶ THE FEES Olav letos sulT 1670 gapni 2004 gioids Daniel Ewen, Surveyor, .001.01$205.00.31 Counsel and Attorney's FEES ob52.62 10 Commissioner's fees, 35 meetings, $40 kubiley99 $6 470,75
Appraiseris bill,ITZIVZ00 STATZ
Printing, os ei won nitroz6) 359260 dostorq of moitutiture) sit ui moiai vong & offerton netre qui ils u ei tl beeb pult to polig,337.97
Appointed by a rule of one of the Justices of the Supreme Court acting as a Street Commissioner of a certain portion of the county of New-York, not laid down on the Commissioners map of 1897, on the 4th day of September, 1845. Took the oath of office. e.on the 8th day of Sept. 1845, that day being Monday.
BLOOMINGDALE ROAD 05507 UPREME COURT.In the matter of the applis Sation of the Mayor, Aldermen and Cothmonaity of the city of New York, relative to opening acertain
.noltnevno) stal odi to neitdotta iquorg wit
new street laid out under and by virtue of an act of
and sixteenth wards of of York,
Your WM, P. HALLETT, ddyl slderiny rot „zd
Attorney's and Counsel Fees,
The Supreme Court at Ulica, July 90, 1839, made a
Compensation to be paid to Commissioners.
The above named Commissioners gare public notice in the Express, published in the city of News Varkran two advertisements dated Petmate and 'ossessment 11th, 1846, that they had completed their "estimate", the matter of Houston Street, and also Leroy Street in the Bloomingdale Road; the advertisement dated February 20, 1846, requiring persons having objec tions to present the same, &c. within 30 days, pe: I The Supreme Court confirmed the
Reports in Houston and Leroy Street commisione first day of the May Term, '1846, notwithstanding the costs had not been taxed, but in the Bloomingdale Road case required that the costs should be taxedal of halq me I
WP: Hallett, Esq., the Clerk of the Supreme Court is the W. P. Hallet the Commissioner in the matter of the Bloomingdale Road, and of Leroy Street Why not tax the costs before the Circuit Judge or the Recorder? I wa sietsrol ml of pog SYNOPSIS. Je ved bluon Commissioner Hallet.712:00, or 6-months, 27 đayk of anori-ob Whitney 956.00df 97 «?? quo 18/ MM "out to Lover de 956,00 or 9 mely a gridsex Counsellor Leveridge 4,530.14, father of Comis Leveri D. Ewen, brother of the si siftve a mud i en Corp. Comptroller, mood 581.001oms „ulisi ni roy Edward Ewen, also a brother; 792,000 ; en luuremport teaf vor ai do tadt was suit batieiv oved I
Jozd diuTAXES IN BARBART w teal I onia
We find in a Report made to Congress by the Sest
Rusia de tal silt of gain bas „dinq
§ 189. And be it further enacted, That the Commissioners to be appointed under and by yirtue of this act, for any of the purposes aforesaid, who shall enter upon the duties of their appointment, shall each be entitled to receive the sum of not more than four dollars, besides all reasonable expenses for maps, sur, veys and plans, clerk hire and other necessary expenses and disbursements, for each day they shall respecte ively be actually employed in the duties of their appoint ment, the same to be paid by the mayor, aldermen and commonalty of the city of New York, and included, in the before mentioned assessment upon the persons and parties deemed to be benefitted by the operation and improvement which shall have occasioned the aping to the will of the Bay The taxes in this part of pointment of the said commissioners."--Berised Lus of 1813, 100% 20 24 vot ni el-rud) to oth g4It shall not be lawful for any commissioner or assessor to charge for any services in making estimates and assessments for any improvements authorized by law to beassessed upon the owners or occupants of houses and lots, or improved or unimproved lands not actually rendered by him, nor for any parts of as whole days, while the time thus less thait six hours of suele day Act May?
upon landed estates as those of the New-York, GUX,
ati agden todt 19vir a ei We find it needful to state that the act of Aprib 20, 1839, was passed nearly fourteen months before the Anti-Assessment Committee was organized as the Officials, and X-Officials of the New York Corporation: assert that the law of 1839, requiring 60 days noticeg was passed at the instigation of that Committeegm they will look at the printed proceedings of the Comis hof April
mou Council of 1839, they will find the actuation
1839, passed through the hands of
arang legislature, and was, amenda 9796 #1 bat lliw soy an noitechroq dona ni ti sonborg
PUBLISHED BY THE ANTI-ASSESSMENT COMMITTEE AND DISTRIBUTED GRATUITOUSLY.
EDITED BY E. MERIAM.]
TO THE MEMBERS OF THE STATE CONVENTION. The volume of the MUNICIPAL GAZETTE which is herewith presented to each member, is incomplete. No Index accompanies it for that reason. The volume will be completed when the State Convention have finished their labors, at which time a full index will be made, and furnished to each member.
The CONSTITUTION OF THE UNITED STATES will be found on page 16.
FORMER CONSTITUTION OF THIS STATE, Pg. 505.
Extracts from the CONSTITUTION OF NEW-HAMP.
The Dongan Charter of the City of New-York with the petitions therefor, explained, will be found on pgs. 35, 25 and 26.
Cornbury's Charter, on pg. 39.
The letters of Governor Cosby in relation to the act of the Colonial Legislature designed to confirm the City Charter will be found on pg. 556, and 582.
Act of the Colonial Legislature referred to by Gov. Cosby, p. 583.
The Royal Anti-Charter of King James, pg. 536. The Amended Charter of the city of New-York, p. 8. The draft of a Bill as prepared by the City Convention in 1829, on pg. 59, and their address to the people on page 242.
Opinion of Judge Cowen touching the right of a Justice of the Supreme Court to hold another office or trust, under the seventh section, of the fifth article, of the Constitution, page 283.
Opinion of Judge Cowen, and Bronson, upon the same question, pg. 191.
Opinion of Judge Bronson upon the same question, page 422,
Opinion of Senator Porter, upon the same question, Pg. 519.
Opinion of Chief Justice Nelson, and Judge Beardsley, pg. 395.
Review of Judge Beardsley's Opinion, interspersed between the paragraphs of the opinion, 395 to 422. Review of Lieut. Gov. Gardner's Opinion, accompanying the same, 516.
Letters from the Judges of the Supreme Court of the United States, to the President of the United States as to Judiciary duties, and offices incompatible with the duties of Judge, p. 286 and 402.
Argument of Hon. Daniel Webster before the Supreme Court, on the question involving the right of the Judges to act as Street Commissioners, pg. 398.
INCOMPATIBILITY OF OFFICES.-We are asked if the office of clerk of a Court of Chancery is incompatible with the office of President of a Racket Court? We answer, YES!
The assessors are by law required to complete their assessments on or before the 15th day of August -and on or before the 20th day of August to give public notice that they have completed their assessments, and that they have deposited their assessment roll at a place to be named, where it will remain open for inspection for the term of 20 days, during which time any person may object to the assessmen.
THE VETO POWER.-The Connecticut River bridge question presents an illustration which is worthy the attention of the State Convention. The Constitution should provide that a bill returned by the Executive with objections, should together with such objections, be published once, at least, ten days before the house to which it shall be returned, shall proceed to reconsider the same.
EXERCISE OF POWER.-The Veto Message of Gov. Toucey has this feature-the right to exercise power does not depend upon the extent of that exercise, but it is this, the right to obstruct the navigation does not exist to any extent whatever-admit the right to any extent, and it may be exercised to every extent, even to prohibition altogether.
[VOL. I....No. 43
Compensation of Commissioners.
"Sec. 189. And be it further enacted, That the Commissioners to be appointed under and by virtue of this act, for any of the purposes aforesaid, who shall enter upon the duties of their appointment, shall each be entitled to receive the sum of not more than four dollars. besides all reasonable expenses for maps, surveys and plans, clerk hire, and other necessary expenses and disbursements, for each day they shall respectively be actually employed in the duties of their appointment, to be paid by the Mayor, Aldermen and Commonalty of the City of New-York and included in the before mentioned assessment upon the persons and parties deemed to be benefitted by the operation and improvement which shall have occasioned the appointment of the said Commissioners." Revised Laws of 1813, vol. 2, page 422.
4. It shall not be lawful for any Commissioner, or Assessor, to charge for any services in making estimates and assessments for any improvements authorised by law to be assessed upon the owners or occupants of houses and lots, or improved or unimproved lands, not actually rendered by him, nor for any parts of days as whole days, while the time occupied was less than six hours of such day." Sec. 4 of the act of May 14, 1840.
Street Department of the Supreme Court. EXTENDING WILLIAM STREET. Counseller Brady proceeded to Albany, on the part of the New-York City Corporation, and the petitioners for extending William Street, on the 9th ult, to make application to one of the Justices of the Supreme Court for the appointment of Commissioners, &c. Counsellor Mott was in attendance to oppose the application, both on account of the persons immediately pecuniarly interested, and also on the part of the people, on the ground that the proceedings sought to be had were a violation of the Constitution of this State. The Court had adjourned the special term before their arrival. FOURTH AVENUE.
From Twenty-eighth to Forty-second Street. The Counsel of the Corporation has been instructed by the Mayor of the City and Clerk of the Board of Aldermen, to make application to the Supreme Court of Judicature of this State, for the appointment of Commissioners of Estimate and Assessment for opening this high way.
Assistant Alderman Townsend, the Chairman of the Street Committee of the Board of Assistants, in 1835 and 6. has arrived in the city fro n the State of Illinois. Mr. Van Schaick, another member of that Committee, is here, and a statement to the Court from both these gentlemen, will, we presume, settle this application.
DANGEROUS LEGISLATION.-We notice in the proceedings of the State Convention that Mr. Taggart introduced a resolution based upon the attempt made at the last session to smuggle (through the State legislature) a provision to authorise the Corporation to collect a wharf tax, by inserting a clause in a bill in relation to alien passengers, the title of which was calculated to mislead both the Legislature and the public.
AMENDED BILLS.-Some provision should be made in relation to the amendment of Bills- -as amendments are written on loose paper instead of being attached to the bill; they may be lost in handling.
CONVENTION OF THE PEOPLE OF THE STATE
SATURDAY (19th day) June 20. Prayer by the Rev. Mr. CAMPBell.
The PRESIDENT presented a report from the Register in Chancery, in answer to a resolution of the Convention, showing the number of bills filed in that Court, and the causes on the calender, during the years 1844 and 1845.
On the motion of Mr. CHATFIELD, the paper was referred to the judiciary committee.
EQUALIZATION OF TAXATION.
Mr. MORRIS offered the following resolution: §. No citizen can by any means be compelled to contribute to any gift, aid, loan, tax, or imposition or other like charge, which is not imposed on and required of all other citizens irrespective of class, calling or occupation.
It was referred.
Mr. MORRIS also offered the following resolution: $ Personal property used or invested in trade, business or occupation, shall be assessed in the town or ward where such trade, business or occupation is conducted.
He moved its reference to the 14th committee, which was on the organization, and powers of cities and incorporated villages, and especially their power of taxation, assessment, borrowing money, contracting debt, and loaning their credit.
Mr. TAGGART suggested that the proposition belonged more properly to the 15th committee. The duties of that committee were in relation to the power of counties, towns, and other municipal corporations, except cities and incorporated villages, and especially their power of local legislation, taxation, assessment, borrowing money, and collecting debts.
Mr. MORRIS had no choice in this matter-his only desire was that it should be referred.
Mr. MURPHY had no objection to the reference. The object of the resolution was sufficiently apparent, and expressed in direct terms. It was the opinion, no doubt very honestly entertained, by the mover, that residents in one place doing business in another, should be assessed in the place where the business is done for their personal property. This is an exceedingly interesting question, and like others that would probably come before the Convention, it concerned more particularly two cities in the southern part of the State. He had no objection to this reference, but he had rather it should go to some committee of which he was not a member.
Mr. MORRIS begged the gentleman's pardon. When he mentioned the committee No. 14, it did not occur to him that his friend from Kings (Mr. M.) was on that committee. He had however, accepted the suggestion of his friend on his left that it should go to committee No. 15, prior to the gentleman from Kings', rising or his (Mr. M.'s.) discovering that he was on committee No. 14. The gentleman was right, this was an important question-and to borrow the figure or reference which the gentleman made use of yesterday. and one to which we could all reter-the city of Albany was an instance. It might be that the city of Albany might have an immensely heavy business transacted in the lower part of the city-and the gentleman who used the stores of Albany, its water, lamps, docks, &c., and conducted this immensely heavy business there, might live over the river at Greenbush, and therefore pay nothing for all this. He was happy to have this practical instance-as it might illustrate the necessity of the proposition he had offered. The gentleman from Kings was mistaken if he supposed it was intended to tax gentlemen who lived in Greenbush-it was only intended that their property in Albany should be taxed there. That the property used in Albany, and protected by its municipal laws, should contribute to the support of those laws, leaving the person to be taxed in Greenbush for all the property he might own there.
Mr. STETSON wished to inquire whether the gentleman intended to include property of the country that might be there on commission? This would subject the whole country to taxation, for the benefit of the city.
Mr. MORRIS said, that would be for the considera
tion of the committee, and at any rate would afford a very good reason for a report against the section. Mr. BROWN said that it was apparent that the subject of the resolution did not relate to committe No. 15. Any gentleman who would take the trouble to look at its organization and the subjects committed to its action would see that this had no possible connection with those duties. To committee No. 15 is committed the powers of counties, towns, and other municipal corporations, except cities and incorporated villages, and especially their power of local legislation, taxation, assessment, borrowing money and contracting debts. If the subject embraced in this resolution related to the public revenues of the State generally and not the local-he asked if it referred to focal as well as general taxation?
Mr. MORRIS: Both, sir.
Mr. Brows said that if it referred to either, then it did not belong to committee No. 15. The committee to which the resolution should be referred was No. 3. That is where it should go, and he was the more anxious that it should take that direction from the fact that the committee No. 15 had already a very troublesome task before them.
Mr. MORRIS had no objection to that.
Mr. RICHMOND said that gentlemen would discover if they looked into this matter that it had nothing at all to do with committee No. 3. That committe took charge of the subject of canals, internal improvements, public revenue and property, public debt and the powers and duties of the legislature in reference thereto, &c. Now he proposed to look a little into the duties of committee No. 2. That committee had charge of the powers and duties of the legislature except as to matters otherwise referred. That was the proper committee for this matter-as to the matter of taxing property and as to where it should be located -whether in Albany or Greenbush, or in New-York or Brooklyn. It was a matter of legislation-a general matter-having reference to the whole State, and the resolution was a general one and was not alone of cial reference to these cities-there was nothing of the kind. If he understood it, it proposed that personal property should be taxed at the place where the business was done, and not where the residence was located. Cases of this kind occur in almost every town and county in the State, and it was therefore a general matter appertaining to the duties of committee No. 2. It certainly did not belong to committee No. 3, for that had charge of the great matter of State debt and loans of its credit, &c.-matters sufficiently large and important enough for their consideration. It was never constituted to take charge of such a matter as this.
Mr. MURPHY concurred in the views taken of this matter of reference by the gentleman last up. This subject no more belonged to No. 3, than it did to No. 15, or No. 14, for it was a matter of general interest. Those committees refer to particular matters in the Constitution. No. 14, that of Municipal Corporations -No. 15 to certain other than Municipal Corporations. and No. 3, in regard to our general internal policy. No. 2 perfectly embraces the subject. It is truly a subject for legislation, and probably did not belong to that body at all. But it was well to have it considered, and he hoped that it would be fully considered. But the object of the resolution was to change a principle which exists in all governments, both in civil and common law-the taxation of personal property at the domicil of the owner. This seeks to change the invariable rule that taxation is levied for the benefit of those among where its owner resides. He hoped it would be sent to a committee where it would receive full examination. For years the Legislature had been besieged by the city of New-York, to have the residents of Brooklyn taxed-or legislation changed so that she should be made a black sheep for NewYork. He hoped that it would be examined by a committee that would give it full consideration.
Mr. STETSON was sorry to see the direction which this reference was taking. He did not want the charge of the subject, and he would submit that the fair construction of the last part of the subdivision in relation to Committee No. 2-" except as to matters otherwise referred "-was that every other committee should be first tried before any attempt was made to give it to his custody. Again, he was clearly against the gentleman's proposition, and it was a settled parliamentary rule that all references should take a direction somewhat at least favorable to the intention of
the mover. He therefore hoped that committee No. 2 would not be burthened with its consideration.
Mr. CHATFIELD wished to make a disposition of this torpedo which none seemed disposed to touchEach proposition of reference had brought some member of the committee to his feet to protest against. Now he would move that it be referred to a select committee of five, at the same time protesting against being put on the committee. [Laughter,]
Mr. LOOMIS concurred in the view that the proper reference was to a select committee. On looking over the list it appeared to him that there was no one more than another, under whose peculiar powers and duties this resolution would come. And he would refer it to a select committee more particularly after the expression of the gentleman at the head of committee No. 2, of his unfavorable impression as to the object of the mover. He knew nothing of the relative positions of Brooklyn and New-York on this question, but he desired to express this suggestion. He saw no good reason for the distinction between personal and real estate. Both should participate alike. In the case of real estate the taxation is always local and levied where it is situated; and he saw no reason why taxation on personal estate should not be liable to the same rule. We should either bring the real estate under the same rule as was applicable to personal, or the personal under the same as applied to real estate. A good many difficulties have arisen out of our system of taxation, and the adjustment of the details. The system of arbitrary distinctions between real and personal property were derived undoubtedly from the mother country. There a landholder is considered of more importance than the owner of mere personal estate. The difficulties there in the way of the alienation of real and personal estate do not exist in this country. And with us this distinction is almost abolished in its practice. We have some remains of it it is true, in the requirements of the formality of a deed in real estate transfers, but generally the spirit of the law was in favor of transferring one as well as the other. His impressions were in favor of the proposition for a select committee or of its converse, and this seemed to him the best of the two.
Mr. PERKINS said that if it was desirable entirely to change the law in relation to assessments on personal property, it was a matter which should engage the very serious attention of this body. He apprehended that the proposition of the gentleman from New-York, and the views of the gentleman from Herkimer, were impracticable, without an entire change in the system of the taxation of personal property. And in order to arrive at any views thus entertained by them, we must tax all personal property as we tax real estate, without reference to any distinction on account of indebtedness of the person in possession. As the law now exists and has existed since the organization of our government a person is only taxed for the excess of his personal property over and above all indebtedness. If the proposition of the gentleman from New-York prevails how is that to be ascertained. As the laws exist, if a deduction is allowed on account of indebtedness, the person assessed must have notice given him of the amount of his taxation. If a person doing business in New-York has $100,000 of personal property there, and the same amount in Brooklyn, making $200,000 in all, where is the distinction of the $100,000 indebtedness to be made-in New-York or Brooklyn?
Mr. LOOMIS: Let the deduction be made where he desires.
Mr. PERKINS said that if the deduction was made in the place where he resided-although he has $100,000 personal property there-his estate would be entirely untaxed where his business was done; and where he did reside, the city or town would derive no benefit whatever from his wealth. And very serious questions became involved here, as the result necessarily of destroying the distinctions which now exist between real and personal property, so far as respects indebtedness. Whether that was desirable, and whether it was not better that all property should be taxed without reference to any indebtedness, and whether that would not operate as equally upon all classes now, was a new and serious question, and one he apprehended, upon which few members in this Convention could give an opinion without a careful examination.
Mr. VAN SCHOONHOVEN thought it unnecessary that a special committee should be appointed on this sub