houses is generally conceded, and I am not without hope that Congress will yet take measures to this end. Provision was made by the act of April last, for the temporary occupation of Barren Island, as a place for the detention of well passengers under quarantine, and for a permanent station on Coney Island. A site for the latter was selected by a board of officers charged with that duty, but the comissioners have been restrained by injunction from taking possession. The law authorizes the selection of a suitable site on the west end of the island. It was deemed proper that it should embrace a sufficient area to secure complete isolation, and thus avoid any possible danger from its use for quarantine purposes, but I am advised that the court has decided that the powers of the board were limited, and that they had no right to take the question of isolation into consideration. The effect of the decision has been to render that portion of the act inoperative, and your attention is respectfully directed to the question whether there should be further legislation to promote the original object. The Police, Fire and Central Park Commissioners have continued to discharge their important functions to the satisfaction of the people of the State, and in a manner especially acceptable to the communities more immediately affected by their action. An act was passed by the Legislature in 1865, to authorize the erection of warehouses and docks in the port of New York, for quarantine purposes. These docks and warehouses were designed to facilitate the discharge of cargoes from vessels not infected with disease, although subject to detention by reason of exposure on the voyage, or in ports from which they sailed. At present such vessels are relieved of their cargoes by lighters, at some point in the bay considerably removed from the main land. It was supposed that the projected warehouses could be erected in the bay, not less than one and a half miles from shore, and a restriction to that effect is contained in the act referred to. By the same act the Governor was authorized to appoint commissioners to confer with the authorities of the State of New Jersey, relative to the insufficiency of the quarantine regulations with that State, applicable to the waters, and land under water, within her jurisdiction. It has been ascertained that a suitable site cannot be found, except on lands under water, the proprietary right to which is ceded to New Jersey by the compact made with that State in 1834. The commissioners appointed have endeavored to obtain the grant, and the Legislature of that State, by joint resolutions passed in April last, designated commissioners to confer with them on the subject. The result of their conference, I am assured, will be communicated to the Legislature of both States in time for action during the present winter. In connection with this subject, my attention has also been called to a prosecution instituted by the late Attorney-General, in the name of the people, against the New Jersey Central Railroad Company, to prevent the construction by that company, of docks and piers projecting from the New Jersey shore far out into the bay of New York. A large area of the bay, comprising many hundreds of acres, is included within these structures. The compact betwen the States expressly secured to New York exclusive jurisdiction over these waters to low water mark on the New Jersey shore, but subject to the right of the latter State to construct wharves and docks. It is claimed by New Jersey that the provisions of the compact authorizing such construction, by legal implication, permit their extension and filling in with earth beyond low water mark, so far as may be found convenient for commercial purposes. It is sought on this ground to justify the erection by the New Jersey Central Railroad Company, of structures extending a mile into the bay, under grants obtained from that State. If these encroachments on the bay are continued, they will seriously interfere with the use of the harbor and the convenience of general commerce; and if they are in violation of the territorial rights of New York, this constitutes an additional and conclusive reason for restraining them. In either view, it is obvious that wharf lines on both shores of the harbor should be established, beyond which docks should not be extended. With my sanction, the commissioners appointed presented the subject to the agents on the part of New Jersey. It is hoped that a satisfactory arrangement will be agreed upon and submitted to you at an early day. Thh questions involved are of the greatest importance. The foreign and domestic trade, at the port of New York, is of immense magnitude, and that city is already the rival of the leading seaports of the old world. In the hope that interests so vast may be further promoted, I think it desirable to continue the commission. The whole subject, relating to obstructions of the harbor, and a more commodious and complete system of wharves and piers, is of grave public importance, and I respectfully commend it to your careful consideration. SPECIAL LEGISLATION. In my last annual message, I alluded to the importance of strict adherence to the policy indicated in the first section of the eighth article of the Constitution, which provides that corporations may be formed under general laws, "but shall not be created by special act, except for municipal purposes and in cases where, in the judgment of the Legislature, the objects of the corporation cannot be attained under general laws." Acting in the spirit of this provision, the Legislature, from time to time, framed laws of general scope and application, almost wholly removing the necessity for special charters. It seems to me that this regulation should be strictly observed; and that exceptions should be admitted only in cases of extreme hardship, and when the public good clearly justifies a departure from the general rule. The pressure of private interests has led to its disregard, and we have seen individuals and associations obtain by inconsiderate legislative grants, unnecessary and extraordinary special privileges and powers. In a period of vast transactions and great commercial activity, competition in every department of enterprise finds increased stimulus, and you doubtless will be frequently invoked to advance schemes which promise individual advantages and the promotion of objects seemingly meritorious. The danger lies in the tendency to give projects for private advantage and gain an undue prominence, to the prejudice of the vast public trusts committed to your special and immediate supervision. The last Legislature passed more than one thousand bills, of which nine hundred and seventy-four received my approval, covering twenty-six hundred printed pages. Of this number, one hundred and twelve only were of a general public character, while three hundred and thirty-seven related exclusively to private interests, and five hundred and twenty-five had merely a local bearing. If it is cousidered that the the work of preparing, examining and maturing these measures was compressed into a period of less than four months, it will be apparent that a great proportion of the bills must have been passed without careful examination and a deliberate consideration of their provisions and legal effect. More than one-half of these bills were enacted during the last ten days of the session, and notwithstanding close application on my part, JAN. 7.1 23 With my in the discharge of the duty devolving upon me, four hundred and ninety-four did not receive my approval until after the adjournment of the Legislature. This is not wholly an exceptional case. It canimmediate predecessor, two hundred and eighty-one bills the first year of his term, and two hundred and forty the second year, were acted upon after the close of the session, and obviously from the same cause. not be doubted that a firm adherence to the policy indicated in the Constitution would tend to more careful legislation, and a great reduction in the number of the laws. It is a significant fact, that the French House of Deputies, during its last session, of more than five months duration, enacted only one hundred and thirty-five laws. The Parliament of Great Britain, during the years 1865 and 1866, enacted but three hundred and ninety-six; and the 38th and 39th Congress of the United States, embracing a period of four years, enacted only three hundred and twenty-eight laws, including those of a private and public character. This comparison gives support to the prevalent opinion that we not only legislate too much, but that a portion of the measures over which the Legislature exercises jurisdiction are imperfectly considered uncalled for, and lead to embarrassment and confusion. Entrusted by the Constitution with the authority to impose taxes for public purposes, and charged with the duty of restricting the powers of municipal corporations to contract debts, the obligation resting upon you is alike delicate, arduous and responsible. A large portion of the tax borne by the people is the outgrowth of the recent war, the exigen cies of which justified the assent of the Legislature to the large burden assumed by the State and by localities. But the war has passed, an◄ every consideration of policy, patriotism and interest, points to th necessity of a prudent husbandry of the public resources, and a carefu avoidance of all experimental legislation for mere private or corporat ends. EDUCATION. e There are probably few among us who, even amid the pressure of th active affairs of life, fail to recognize the importance and magnitude Of our system of popular education, Our people have acted upon the th ory that the extension to every class and condition of society, of the means of early education and facilities for the acquisition of knowledge in after life, contributes to the prevention of crime, the preservation of social order, the security and stability of the government, and the thrift and prosperity of all who are engaged in the various departments policy, and the practical result is that our schools are open to the ch of industry. Our legislation has been based on this liberal and enlightened Idren, even of the poor and the homeless. We have been steadi S The sti D extending the facilities for instruction in the higher departments. pensed, and there is reason to believe that our system of education, a whole, is meeting the just expectations of the people. a The following summary is gathered from the records of the depart ment of Public Instruction, and from the interesting report of the Super intendent: For the support of Common Schools Public moneys, including three-quarters mill tax... $1,403,163 84 06 Balance reported on hand.... Total number of children and youth between the ages of five and twenty-one years..... Number of children between the ages of six and seventeen years Number of children of school age who have attended the public schools during some portion of the year..... Teachers employed in public schools for twenty-eight weeks or more.. Number of male teachers.. do female teachers. do school houses.... Aggregate number of weeks Volumes in district libraries Number of pupil teachers attending the three Normal Teachers instructed in teachers' institutes Amount of money to be apportioned for the support of common schools for the current fiscal year ..... $2,400,134 65 The report further shows that the number of children and youth in daily attendance at the public schools is 30.62 per cent. of the entire number between five and twenty-one years of age, or 44.54 per cent. of the whole number of children between six and seventeen. In my last annual message, I expressed the opinion that the propositions for the location of normal and training schools in the villages of Fredonia, Brockport, Cortland and Potsdam, would be carried into full effect at the earliest practicable period. That opinion has been confirmed. The erection of the buildings has been vigorously prosecuted, and when they are finished and furnished, with the grounds upon which they are located, the value cannot be less than four hundred thousand dollars. The schools at Fredonia and Cortland will be open for the reception of pupils during the ensuing summer or early autumn. main part of the building at Brockport is completed and occupied for a normal school, which is in successful operation. The Oswego and Albany normal schools are reported to be in a prosperous condition, each numbering as many pupil teachers as can well be provided with instruction. The The establishment of two additional normal schools has been authorized by law, one at Buffalo and one at Geneseo. The liberality and public spirit of the people of these places will not fail to consummate an enterprise of so much local and general importance. I am informed by the Superintendent of Public Instruction, that the law of last winter, which abolished rate bills and charges, though it has been in operation only since the first of October last, is producing a very large increase of the aggregate number of pupils at the schools, and greater regularity in their attendance. It is believed that the additional tax imposed by that law, will equal the amount of money which has heretofore been raised by rate bills. It has the effect, as will be seen, to decrease local or school district taxation, by so much as it increases the general State tax. It simply transfers the burden from the few to the many; from those with limited means, but possibly with large families to the aggregate property of the commonwealth. An examination of the assessed valuation of taxable property in the several school districts of the State, will show that even for the support of inferior schools the percentage of taxation in certain districts often largely exceeds that in neighboring districts in which there are superior schools, and the same or a greater number of children of school age. Conceding that the education of the people is a matter of common concern, to which each one should contribute according to his pecuniary ability, the justice of reducing this local district taxation by the general State tax for the support of schools, is apparent. Even should the support of free schools require an increase of this tax, I should still concur in the opinion "that in promoting the great interest of moral and intellectual cultivation, there can be no prodigality in the application of the public treasury. In all our cities, and in most of our large villages, the education of youth is provided for by special acts, giving enlarged powers to the local authorities, or creating boards with exclusive control of the schools. They are generally well managed, and it is believed that our schools in the city, as well as in the country, have advanced the character of our population above that of any other people. If it is true, however, as asserted, that poverty, crime and ignorance, still largely prevail in our most populous cities, the result, in part at least, of neglect to educate all the young, should we not extend and improve our schools and bring every child within their influence? In some of our cities, and especially in New York and Brooklyn, the school accommodations are insufficient, and thousands of children are unable to gain admission. The provision for higher classes and more advanced pupils, is not deficient, but the rooms for primary scholars are overcrowded. It is probable that the city authorities have power to correct this defect, but if otherwise, I feel confident that the Legislature will apply the appropriate remedy. The Cornell University has been developed quietly and effectively during the past year. One large and substantial edifice in stone has been completed, and another is being pushed rapidly forward. A large number of professors have been chosen, and all the preparation for opening the university has so far advanced as to induce the trustees to announce that students will be received in September next. The law granting to this university the proceeds of the land grant of Congress, continued in force, will form a noble endowment, and place the institution upon a foundation which cannot fail to give it prosperity and permanence. It can hardly be doubted that the original intention of the act to promote agriculture and the mechanic arts will receive, in the progress of this university, its highest fulfillment. Combining the grearest scientific, literary and practical advantages, with a large number of free scholarships open to competition in all the Assembly districts of the State, and somewhat connected as it is with our common school system, it seems well worthy of the fostering care of the Legislature, and of the confidence of the people of the State. I would also call your attention to the State Cabinet of Geology and Natural History, and the importance of keeping up its collections, and of completing the publications connected with the Natural History of the State, which have proved important auxiliaries in the progress of [SENATE JOURNAL.] 4 |