geological science. These works are cited as standard authority in all parts of the civilized world. Our collections have been largely increased during the past year in many of the departments, and perhaps in no other State are the results of scientific research more diligently sought or more carefully preserved. Our material interests are so intimately connected with the advance of science in every department of investi gation, that I do not hesitate to commend it to further recognition and support.

The report of the Regents of the University presents the condition of the colleges and academies of the State as highly prosperous. Among the interesting suggestions contained in the statement, is that which relates to the growing munificence of individual citizens in the permanent endowment of the higher institutions of learning. It is stated, however, that instances have occurred in which parties wishing to set aside funds for educational purposes, have been at a loss how to secure their permanent application to the end in view. While the State provides free instructions for all in the elements of knowledge, it may properly encourage individual liberality, by providing whatever is needed in legislation for the protection of gifts and bequests to colleges and academies imcorporated by the State, and subject to its general supervision.

STATE AND NATIONAL INTERESTS.

The predictions of disaster to the country from the emancipation of four millions of slaves, have been most signally falsified by the event. They have exercised the rights of freemen; and as they before proved themselves brave and trusty soldiers, they have now shown themselves faithful and willing laborers, and peaceful and law-abiding citizens. They have diligently tilled the fields which others owned, for wages hardly adequate to the support of human life, and they have submitted patiently to the wrongs which others were too ready to inflict. Availing themselves of the means of education whenever the efforts of humanity in their behalf have vindicated the wisdom and justice of Congress, in admitting them to share with their late masters, in the exercise of the freedmen's right of suffrage.

The propriety of this measure, like that of enrolling them in our armies during the war, became in the public mind too obvious to be postponed; it was, however, the occasion of earnest solicitude to many good and loyal men. It is no doubt desirable that those who exercise the elective franchise under a democratic form of government, should be educated and intelligent; but if the right of suffrage was restricted by such a standard, it would not tend to the extension of these advantages, or to the elevation of the humbler orders of the community. It cannot be doubted that most of the privileged class thus created, would be content to retain undiminished the power deposited in their hands; and few of them would care to raise those below them to equality of political rights. One of the leading merits of our system of representation, is its tendency to secure the benefit of just and equal laws; to interest every citizen in the general welfare and prosperity; extend to all the means of education, and to hold out inducements to honorable exertion and the prospect of advancement. But still more important than the qualification of intelligence and education is that of loyal allegiance to the government; and a condition of things existed at the South which made this a vital consideration.

It is conceded that, at the fall of the Confederacy, the States which composed it were "deprived of all civil governments." They were disorganized communities, and while they failed to escape from their obli

gations by destroying the Union, they succeeded in renouncing their political rights under the Constitution, and in destroying their local state organizations. The President, doubtless, had authority to hold. them under military rule until provision could be made for their reorganization under the authority of public law; but he had no right to institute civil government for the insurgent States. He had no power to enact or to repeal an act of Congress. Clearly these were questions for the law-making power of the Government; and to be determined, not by his will, but by the will of the Nation, expressed in the form prescribed by the Constitution. His policy, as disclosed, was to assume the prerogatives of Congress, and to exercise in those states the powers relinquished by the Confederate leaders. He not only proposed his own terms to them, but also to the Nation, and by reinstating the rebel authority with increased political power, to confer upon the vanquished the fruits of victory. His plan embraced no less than immediate representation at Washington; the Congress at Richmond having been overturned. It was proposed by him to restore those who had been defeated in war, to the position of a governing class; ruling those whom they had recently held in bonds, and making laws for the nation which they had tried and failed to destroy. It was a policy revolting to the general sense of national justice and manhood, and acceptable only to those who loved power, hated liberty, or sympathized with the rebellion. From the west, the east and the north came the voice of dissatisfaction, and the work of reconstruction was entered upon by the law-making power to which it belonged.

The desire for an early restoration of the insurgent States to their practical relations in the Union, led the people to hope that the expectations held out to the rebels, had not checked the returning spirit of loyalty, which was gaining ground in each of the Southern States after the close of the war. Then it was that Congress at the first opportunity, in a noble spirit of conciliation and forbearance towards those who had risen in arms against the Republic, proposed, in the form of constitutional amendments, conditions of restoration both generous and just. I did not doubt, as expressed in my last annual message, their prompt acceptance, if the communities lately in rebellion were ready to accept the results of war, and return to the support of a government framed by our common fathers. This peace offering, which was promptly ratified by most of the loyal States, was rejected with scorn by the rebels.

They thus put it beyond all question that they were yet animated by the spirit of the rebellion. It is equally clear that there could be no restoration, so far as the issue depended on their voice, except on terms involving the abandonment of the unprotected Southern Unionists, and the abject surrender by Congress of increased political power in the government, to disloyal persons, as a reward for their attempts to overthrow it. This spirit was inflamed by encouragement received from official quarters, until the last, the scenes at Fort Pillow were re-enacted at Memphis and New Orleans, in the butchery of unarmed Union. men, under the shadow of the federal flag. This method of reconstruction being thus closed, Congress availed itself of the only remaining opening to an early and peaceful re-establishment of these States.

It is well known that there was a large body of Union electors distributed throughout the South, consisting of those who were never in sympathy with the rebellion, and of those who, though numbered with the insurgents, were ready to accept the results of war and to return to their old allegiance. These were, however, mainly powerless, because they were largely outnumbered by those with whom they shared the

privilege of access to the polls. There was also a large body of men, composing two-fifths of the whole population, born on the same soil, equally true to the Government, and equally powerless, because they were disfranchised. If these two classes were allowed to act together in the use of the rights of our common manhood, it will be seen that the only obstacle was peaceably removed; as together, they outnumbered the rebel electors who prevented the work of reconstruction. Therefore the question to be determined by Congress was not one of abstract theory, as to the highest qualifications for a wise exercise of political rights. The question in this case, was one of practical statesmanship, in view of the actual condition of the country, and the importance of early and complete reunion. The end to be accomplished involved the peace, the honor, and the interests of the republic. It was essential to the return of order, the removal of military authority, and the renewal of commercial prosperity to the States which had been the theatre of war. It promised to secure our future unity and repose; settle our public credit on firm and just foundations, and enable the insurgents to repair the waste of war, and to bear their share of the common burden, which their crime had brought upon the country. Under their pretended State organizations, the local offices were filled by those who defied the authority of the Nation, and who had refused to take the oath of allegiance required of every legislative, executive and judicial officer in all the States of the Union, by the sixth article of the Federal Constitution.

The loyal portion of the population was for reunion on any acceptable basis, and giving assurance of the future security and repose. On the other side, the disloyal, emboldened by new hopes, were arrayed in hostility to the people of the Union. Would it have been wise, let me ask, on the part of Congress, to make these men the arbiters of reconstruction? Should we have reconstructed the insurgents into a privileged class, and disfranchised the loyal population, for the benefit of the rebel minority? Should we have delivered over the white Unionists to the mercy of the enemies, by whom they were pursued and oppressed? Should we have remanded to a condition of serfdom the whole body of the colored race, who became, by the terms of the amended Constitution, entitled like ourselves to the immunities of free citizens? word, should we have rejected the aid of those who had proved their loyalty and love of liberty, by befriending our armies at the peril of their lives, and by fighting in our ranks when victory brought no promotion to them, and when the captive could look only for slavery or death? To questions like these there could be but one response from the representatives of the loyal people.

In a

The work of reconstruction has progressed, though for a time slowly. Constitutions have been framed, so liberal and just in their provisions as to extort commendation even from rebel generals. Those who were arrayed against the government are coming over to its support. The return of liberal institutions, it is gratifying to note, is welcomed in States exhausted by war; and unless new obstacles are interposed to delay it, we have every reason to believe that the work of restoration is on the eve of final success. While, then, we deeply deplore the loss of life and the desolations of this sad war, let us rejoice, in that it has resulted in the recognition of civil liberty as the common heritage of humanity, and in the establishment of equality of right before the law, as a fundamental principle of free government. I do not overstate the patriotism of the people in the remark, that they were never more united than now, in the purpose to hold what has thus been achieved, as the

unlooked for results of a causeless and bloody rebellion for the establishment of slave empire and the destruction of the American Union.

I am aware that the obstacles interposed in the way of reconstruction, have naturally tended to withdraw the attention of the people and their representatives from other matters of vital and general interest to us all. Questions affecting the condition of the currency, the volume of debt, the measure of taxation, and the rigid and systematic retrenchment of all our expenditures, come home to every household.

I appreciate the responsible duties which devolve upon you individually and collectively, as well in council as in legislation, and I need not assure you of my hearty co-operation in all that may tend to the honor and interest of the States, and to our common prosperity as a people. REUBEN E. FENTON.

Mr. Williams, from the committee appointed to wait upon the Honorable the Assembly and inform that Body that the Senate was organized and ready to proceed to business, reported that that they had discharged that duty.

Mr. Creamer gave notice that he would, on some future day, ask leave to introduce a bill to repeal the Metropolitan excise law.

Mr. Nicks gave notice that he would, on some future day, ask leave to introduce a bill to provide for the protection of property navigating the canal at the head and foot of Seneca lake, and for other purposes.

Mr. Murphy gave notice that he would, on some future day, ask leave too introduce a bill to lay out, open, and grade Second and Fourth avenues, in the town of New Utrecht.

Mr. Stanford gave notice that he would, on some future day, ask leave to introduce a bill to rescind and declare void all repair contracts of the canals of this State, and work, repairs or dredging of the Albany basin, for which proposals were received by the Canal Contracting Board, December 28th, 1866, on which contracts were subsequently let, and to provide for the collection of all sums of movey paid thereon beyond a fair compensation for the work actually performed under said contracts. Also, an act for the preservation of the canals of this State, and the abolition of the contract system for repairs.

Mr. Genet gave notice that he would, on some future day, ask leave to introduce a bill to create a harbor district and a board of wharves and piers thereon.

Mr. Norton gave notice that he would, on some future day, ask leave to introduce a bill in relation to the powers of the recorder and city judge of New York.

Mr. Nichols gave notice that he would, on some future day, ask leave to introduce a bill to authorize "The Wolstenbolm File Manufacturing company," to change its name.

Mr. Kennedy gave notice that he would, on some future day, ask leave to introduce a bill to construct a bridge across the outlet, constructed by the State, of the Onondaga lake.

Mr. Folger offered the following resolution:

Resolved, That the use of the Senate chamber be granted to the organization known as the Grand Army of the Republic, for this evening.

The President put the question whether the Senate would agree to said resolution, and it was decided in the affirmative.

Mr. Stanford presented a petition of the Shipman Spring and Axle company, for authority to mortgage their real and personal estate; which was read and referred to the committee on the judiciary.

By unanimous consent, Mr. Stanford asked and obtained leave to introduce a bill entitled "An act to authorize The Shipman Spring and

Axle company,' to mortgage its property;" which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

Messrs. Clark and Pitts, a committee from the Assembly, appeared in the Senate and announced that the Assembly was organized and ready to proceed to business.

Mr. Tweed presented the annual report of the Commissioners of Public Charities and Corrections, of the city of New York, for the year 1867; which was laid on the table and ordered printed.

(See Doc. No. 6.)

On motion of Mr. Creamer, the Senate adjourned.

WEDNESDAY, JANUARY 8, 1868.

The Senate met pursuant to adjournment,

Prayer by Rev. Mr. Selkirk.

The journal of yesterday was read and approved.

Mr. Morris presented a petition of the Westfield and Portland Union Cemetery Association, to confirm their title to certain lands in Westfield, and for other purposes; which was read and referred to the committee on the judiciary.

Mr. Hale presented resolutions of the board of supervisors of Essex county, relative to costs in relation to special road district; which was read and referred to the committee on roads and bridges.

The President presented the annual report of the Comptroller; which was laid on the table and ordered printed.

(See Doc. No. 3.)

The Assembly sent for concurrence a resolution, in the words following: IN ASSEMBLY, Jan. 7, 1868. Resolved, (if the Senate concur,) That when the Legislature adjourn to-morrow, it adjourn to meet on Monday next, at 74 o'clock P. M. By unanimous consent, the rule was suspended.

The President put the question whether the Senate would agree to said resolution, and it was decided in the negative.

Mr. Morris gave notice that he would, on some future day, ask leave to introduce a bill to confirm the title to certain lands in Westfield, Chautauqua county, known as the "Westfield and Portland Union Cemetery Association," and for other purposes.

Mr. Edwards gave notice that he would, on some future day, ask leave to introduce a bill to arrange the boundaries of the towns of Middletown and Southfield, in the county of Richmond.

Mr. Cauldwell gave notice that he would, on some future day, ask leave to introduce a bill to authorize certain State officers to adjudicate and settle claims of the people of the State of New York against the county of Westchester, growing out of the defalcation of a late county treasurer.

Also, a bill to amend an act entitled "An act to create a board of trustees for the town of Morrisania, and define their powers."

In pursuance of previous notice, Mr. Stanford asked and obtained leave to introduce a bill entitled "An act to rescind and declare void