appearance of cleanliness and order, which reflects great credit upon the officers who have it in charge.

A larger amount of money has been received at that establishment during the last year, than in any former year. Its receipts have been sufficient to pay all debts, make the necessary buildings and repairs, pay the annuity to the House of Refuge, and enable the commissioners to pay over to the Comptroller a surplus of about three thousand dollars towards a mariners' fund. It is not probable that hereafter the average annual surplus will equal that of the last year; and it will consequently require a long time to accumulate, by these small means, a sufficient capital to yield a revenue large enough to do much good. It is perhaps worthy of consideration, whether it would not be more just towards those from whom this fund is derived, to employ the annual surplus in relieving the wants of sailors during the winter season. They could be provided for at the New-York hospital, or at the establishment at Staten Island.

Our laws relative to imprisonment for debt should be carefully examined, for the purpose of amendment. The notion of imprisonment in the nature of punishment for debt, is repugnant to humanity, and condemned by wisdom. Among the early Romans, the unfortunate debtor and his family became the slaves of his creditor; and the hoary veteran has exhibited the bleeding traces of his master's scourge, mingled with the scars of honorable wounds received while commanding in his country's service. This extreme barbarity was discontinued at an early period; yet the principle of punishment for debt, by depriving the debtor of his liberty, was retained by that nation through its subsequent period of refinement, and has been transmitted to this day through all the enlightened governments of Europe. This trait of barbarism, notwithstanding all our reforms, still retains its place in our statute book.

Imprisonment for debt should be tolerated so far only as it is necessary to enable the creditor to secure the property of his debtor. In respect to debts of large amount, ample provisions, beyond the reach of the smaller debtor, seem to have been made; for it is provided that whenever a person considers himself insolvent, he may, on application to a proper officer, and due notice to his creditors, assign over all his property, and obtain exemption from arrest or imprisonment.

With such ample provision before us for the relief of those oppressed with large debts, the injustice of the provisions of the law in regard

to the more helpless class, the extremely poor, is very striking.— Imprisonment appears to be wanton when inflicted upon a person without means to pay, and who depends upon his daily labor for the maintenance of his family. A defendant in execution from a justices' court, must in some cases remain in prison thirty days, in others sixty days, before he is permitted to make oath, that he has no means for the payment of his debt. It is this which fills our gaols. An easy remedy may be prescribed, by permitting a defendant on the trial, when his creditor is present, to show his inability to pay, assign over his property, and thereby exempt himself from imprisonment. This subject I hope will engage your early attention, and while you make ample provision for the security of creditors against frauds, and to punish fraudulent debtors criminally, that you will so modify the laws, as to dispense as far as practicable, with imprisonment for debt.

The returns of the militia show an effective force of about one hundred and ninety thousand men. It is probable, that these returns are somewhat defective, and if complete would exhibit a force of more than two hundred thousand. They are divided into the several corps of horse artillery, cavalry, artillery, riflemen and infantry. A well organized militia has always been esteemed by us, as the proper defence of a free nation, and has been cherished as an important part of the arrangement of our government. A standing army, although an indispensable safeguard of a government founded on assumptions, is always burdensome, and has too frequently been found as formidable to the people composing a nation, as to their enemies abroad. The power of organizing the militia, is vested by the constitution in congress, and the existing laws of that body provide for their enrolment, equipment, discipline and inspection. The laws passed on this subject by the state legislature are subordinate to, and must not contravene, the laws of congress. Some complaint has been made of the burden of compulsory militia service, and you may think it expedient to review the militia law, for the purposes of equalizing the duties and relieving the service from any exactions which are not necessary for the accomplishment of the objects designed.

It is still a striking deficiency in our eleemosynary establishments, that suitable provision has not been made for the care, comfort, and restoration of the insane poor. That most destitute class of human beings, are unconscious of their own wants, and can make their appeal to our sympathies through the eye only, an organ conversant with external signs, but incapable of penetrating to the agony of the soul.

Hence many of them roam neglected, and are even shunned as objects of dread. The ordinary poor-house provision is calculated rather to secure them from mischief, than to administer to their comfort. I hope that you will not be regardless of this call upon public duty and charity, and that some provision will be promptly made for their relief. I am informed that this matter has engaged the attention of a neighboring state, and that suitable provisions are there in progress.

The poor-house system, so happily devised, and now in successIful operation in most of the counties in the state, deserves your attention to its progressive improvement. The poor under that system are generally better provided for, and at much less expense than formerly. The report to be made by the secretary of state, will afford you such minute knowledge of the subject, as will enable you to act understandingly in correcting its defects, and enlarging the sphere of its useful action.

Near the end of the month of June last, the superintendent of the salt works at Salina, had reason to suspect that frauds upon the revenue were practiced in carrying off salt, without paying the duties. He instituted inquiries, and as most of the salt was carried off by water, he examined the books of the canal collector at Salina. They disclosed the fact, that during the then month of June, about twentyfive thousand bushels of salt had been carried away, which were not entered in the books of the superintendent or inspector. He then pursued the same examination back to the ninth day of June, 1828, the time when the collector's office was established at that place. It resulted in a discovery, that during the months of May and June, 1830, thirty-three thousand bushels, during the year 1829 ninetyseven thousand bushels, and in 1828 from the month of June thirty thousand bushels of salt had been carried off by water, without paying the duties. The amount taken away by land could not be ascertained, but it is supposed to be at least fifteen thousand bushels more, making in the whole one hundred and seventy-five thousand bushels; being a fraud upon the revenue to the amount of more than twenty-one thousand dollars. How long previous to the establishment of the collector's office, the practice of smuggling salt had been carried on, or to what extent, it is now impossible to ascertain.— Independently of the loss to the revenue, the practice has materially prejudiced the honest dealer. It has been ascertained that these frauds were accomplished, by means of a combination between certain deputy inspectors, and dealers. Prosecutions are now pending against the transgressors.

The attention of the legislature to this subject is necessary for the purpose of taking measures to prevent the recurrence of similar evils. Laws imposing criminal punishments upon future guilty officers and dealers, ought to be passed, and the canal collectors at Salina, Syracuse, Montezuma and Oswego, may be made instrumental, by imposing certain duties upon them, in preventing such frauds in future. Notwithstanding the depredations upon the revenue, the salt inspected during the year 1830, exceeds that of the year 1829, by about one hundred and forty-three thousand six hundred bushels.

There is another subject connected with our interesting establishment for manufacturing salt at Salina, to which I am desirous of directing your attention. A large capital has been invested, and a great many persons are employed in the production of both coarse and fine salt. Coarse salt, weighing seventy-six pounds, and of a purity equal to any in the world, is sold at a price, which yields the manufacturer nine cents per statute bushel of fifty-six pounds, and fine salt is sold at six cents. Under the heavy state duties, both directly upon the article, and indirectly through canal tolls upon that transported to a distance, the dealers have pushed it into competition with the foreign article east, upon the Hudson river and northern canal, and west as far down the Ohio river, as Wheeling.

The law passed at the last session of congress reduced the duty upon foreign salt five cents, on the first day of the present month, and will reduce it five cents more on the first day of January next; making a reduction in the whole of ten cents, being one cent more than the value of coarse salt, at the manufactory. It is evident that the effect of this reduction will be to circumscribe our salt trade, and ruin many of those engaged in its production. It has been supposed, that the constitution, securing the duties without diminution to the canal fund, presents an insuperable obstacle to relief. Yet a remedy by bounty or otherwise may be found, and the subject is of sufficient importance, both as it regards the persons concerned in the manufacture of a commodity of indispensable necessity, and as it concerns our revenue, to engage your earnest attention.

I have received an interesting report from the President of the Hudson and Delaware canal, which I consider of sufficient importance to transmit to you herewith.

The State has an interest in the success of this canal, on account of the large loan, which it has made in aid of its operations. The

report shows, that the company is likely to fulfil, not only its obligations, but also the expectations which it had created. This work is also interesting on account of its opening a new channel of trade, and introducing through it to our markets an important article of necessary consumption.

Among the multifarious concerns of our State which will press themselves upon your notice, the great interests of agriculture, manufactures and commerce cannot fail to be kept constantly in view. While all your measures of general policy, will have a bearing upon these primary interests, it will become you specially to consider how far you can, by measures directly bearing upon them, aid in multiplying their objects and resources, and thereby increase the wealth, happiness and prosperity of the State.

In pursuance of a resolution of the Legislature, during the last session, I issued instructions to the Commissary-General to open a negociation with the general government, for the settlement of the unliquidated ordnance account. He commenced a correspondence with the subordinate officers, who have heretofore been charged with that matter, which produced no result, for want of proper authority on their part. He afterwards brought the subject directly to the notice of the Secretary at War, who has recently empowered an agent to attend to it, and it is hoped that a favorable result will be produced, without incurring the expense of an attendance at the seat of government.

I transmit herewith a report from the Attorney-General relative to the suits, on the claim of John Jacob Astor, and our controversy with New-Jersey.

In the month of February last I concluded a treaty with the Orchard party of the Oneida Indians, by which they ceded to this State one thousand acres of their land. During the last summer the Agent of the State accompanied about one hundred and twenty of this party, and about one hundred of the first Christian party of Oneida Indians to their lands near Green Bay. I have received from the highest sources, information that the Oneida Indians who have removed to that place, are very much improved in their condition. They evince an industry, providence and sobriety, which have stamped a new character upon them.

The act for the employment of Special Counsel, to prosecute the abductors of William Morgan, will expire by its own limitation, on