elsewhere in the world, is recognized by the title of a university;" and also, that, although empowered to hold certain property, "they are without funds, and are destitute of all means for accomplishing the purposes for which they were created."

It having been shown that the Board of Regents was not incorporated for the purpose above stated, and that the university contemplated in the act has been instituted and is still in operation, as is further very fully shown by its eightieth annual report to the Legislature, recently published, no further refutation of the statements of the petitioners under this head, is deemed necessary.

IV. The petitioners declare "that the fact that the University of the State of New York exists only in the statute, by which, eighty years ago, it was instituted, is a reproach to the State, and a source of shame and mortification to scholars, citizens of the State, who commune with scholars in other lands."

The growth and present condition of the university, which is said to exist "only in the statute by which it was instituted," is quite overlooked or ignored by the petitioners. Twenty-seven colleges (literary, law, and medical) and more than two hundred academies are now in active operation, as parts of the university spoken of in such terms of reproach by the petitioners. The aggregate of their property and endowments is more than eight and one-half millions of dollars; the salaries of their instructors amount to three-fourths of a million dollars annually; and there are taught within their walls each year about forty thousand students. Many of these institutions have attained a high reputation, both at home and "with scholars of other lands," and may justly be regarded with pride by the State. It is also believed that the system, as a whole, is regarded with favor by those, both at home and abroad, who understand the wise and liberal views of its founders, and its work ings and results as compared with the universities of the old world.

V. The petitioners further claim in regard to the Regents, "that their real connection with liberal education is of the slightest character, consisting mainly in receiving and digesting for the Legisla ture, the reports of such academies and colleges as voluntarily may report to them, and in distributing to such schools the moneys from time to time appropriated by the State."

It would be very remarkable, were it really true, that a "connection with liberal education of the slightest character" should result in the formation of an alliance so firm and extended as that which exists between the Boards of Regents and the various institutions. under their care; and that a inerely "voluntary" system of report ing should produce so full and continuous a series of statistics as is contained in the Annual Reports of the Regents to the Legislature, especially when it is considered how much is involved in the preparation of the annual report of each institution, and, in the case of the colleges, without any compensating pecuniary advantage from the State, except by rare acts of special legislation.

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It is not true, however, that it rests with the academies and colleges voluntarily to report to the Regents according to their pleasure and convenience. The Revised Statutes expressly provide that every college and academy that shall become subject to the visitation of the Regents, shall make such returns and reports to the Regents, in relation to the state and disposition of its property and funds, the number and ages of its pupils, and its system of instruc tion and discipline, as the Regents shall from time to time require. This provision was necessary to enable the Regents to make their annual report to the Legislature, as required by law, and would be an essential part of any effective system of supervision by the State. Under the above quoted authority, the Regents have uniformly required reports to be annually made, in a prescribed form, by the various institutions under their care, and the instances have been very rare in which any college or academy, in actual operation, has failed regularly to furnish such report.

The real connection of the Regents with liberal education is not, therefore, of the "slightest character," as alleged by the petitioners, but is intimate;-as much so as that of any supervisory board can well be. With the colleges it is, perhaps, mainly advisory; with the academics, it is more direct and positive. It is but just to the board to remark, what we believe will not be questioned, that its powers have always been cautiously exercised and in a manner to accomplish the purposes proposed by a kindly influence; and it is due to the colleges and academies to say, that the advice and views of the board have always been received with marked respect and consideration. The result is that the very best relations exist between the Board and the institutions under its visitation.

VI. In regard to the statement of the petitioners that "said board of Regents is charged with no duty which may not be performed as well, or better, by some other agency; and has, in no proper sense, the care and control of any educational interest that would suffer, should it be no longer continued," the Regents have nothing to say; but leave it to the wisdom of the Convention to determine, if they see fit to act on the subject, in what manner the interests of education in this State shall hereafter be cared for. They owe it, however, to those who have preceded them, as well as to themselves to say, that the duties of the board have been discharged with fidelity, and with an earnest purpose to promote the interests entrusted to its care.

For evidence of the character and condition of the institutions subject to their visitation, the Regents may be permitted to refer to their annual reports to the Legislature, as well as to the general sentiment of the friends of sound learning throughout the State.

VII. In the above quoted circular which accompanied the petition, it is said that "to make the coming of the complete triumph of the free school system, applied to higher as well as to common schools, at all probable within the next twenty years, the action asked for in the memorial seems an imperative necessity."

The Regents are at a loss to know what is intended by this statement; but if it is meant to insinuate that any hostility to the free school system exists on the part of the Regents, they must be allowed to say that the whole history of the Board contradicts this most unwarrantable assertion. They will rejoice to see education prosper in all its departments, and they sincerely hope that the free school law will fully work out the beneficent results contemplated by the Legislature.

If the petitioners mean to be understood as saying that it will be impossible to maintain free common schools, unless the colleges and academies are also made free, and that the Regents of the University are the only obstacle in the way of such a result, we can only say that we cannot see the foundation of either statement. Whenever the State shall be ready to support these institutions from the public treasury, it will do so; and until it do so, to require them to be free, will be to destroy all, except those of the most ample endowments.

VIII. The circular referred to also declares, that "other reasons ** might have been adduced, which with many persons would doubtless have been of equal weight;" but that "it was thought better that nothing be said on points, which, on account of differing opinions, might furnish grounds for dispute."

It is thus virtually admitted that the best, and the only conclusive reasons for the action asked for, have been stated; which reasons, though confidently adduced as unquestionable, have themselves been found to furnish abundant "grounds for dispute," as shown above.

IX. In regard to the connection of the Regents with other interests than those originally confided to them, the petitioners barely remark, that "they have also the care of the State Library and of the State Cabinet of Natural History." It may not, therefore, be improper briefly to add, that the Regents have from time to time been charged by the Legislature with the care of various literary and scientific interests closely connected with the University system of the State. The more prominent of these are enumerated on pages 214 and 215 of the Convention Manual of 1867.

The growth of the State Library, and the State Cabinet of Natural History, during the last twenty years, under the supervision of the Regents, and the present prosperous condition of each, reflect honor upon the State. These collections have already became invaluable aids to investigators in both science and literature, and their importance is constantly increasing.

The meetings of the University Convocation, which have been held annually for the last five years, under the direction of the Regents, have brought about a much more intimate union of the colleges and academies than before existed, and will, it is believed, produce results of marked interest in the cause of education here

after.

Respectfully submitted, in behalf of the Regents,

JOIN V. L. PRUYN,

ALEXANDER S. JOHNSON,

GEORGE R. PERKINS,

ERASTUS C. BENEDICT,

ROBERT G. RANKIN,

ALBANY, Dec. 10, 1867.

Committee.

No. 158.

IN CONVENTION

December 14, 1867.

REPORT

OF HON. GEO. F. COMSTOCK, OF THE COMMITTEE ON THE SALT SPRINGS OF THE STATE.

The undersigned, one of the Committee on the Salt Springs of this State, submits the following

REPORT.

The attention of the Committee has been principally directed to the question of imposing, by constitutional enactment, a duty on the salt manufactured from said springs for the purpose of revenue. This question involves the relations of the State and of individuals to those springs, and a variety of other considerations connected with the manufacture of salt and the trade in that article.

In the first place, the undersigned is of opinion that if any duty for such a purpose ought to be imposed, the rate of duty is eminently a question for legislative discretion, and altogether unsuited to become the subject of constitutional provision. In his judgment it is the province of constitutional or organic law, besides establish[CON. No. 158.]

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