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operatives were engaged in the unsightly process of reconstruction.
"I wished to see them in this condition for then I could have a better idea of the manner of putting them up, and a practical occular demonstration of the principles upon which they worked.
" I saw many in this denuded condition, and always sought, in consulting with the manager, information in regard to his notion of evaporating the brine. In the character of the persons enaged in this business here, I confess I have been disappointed. For the most part they have little science, and are content to follow the marked and beaten track of by gone years. Their structures are, as you informed me, rough and temporary, put up for present use on the most economical scale. From all I see around me it is but too apparent that the salt manufacturers have not prospered, and that the competition, as it is managed, is too great to make it a lucrative investment of capital. The system of hypothecating the salt manufactured by those of small means must always keep down the prices and work to the injury of those who have capital and wish to follow up their business in a regular manner. Mr. Nolton, of the Hope Factory, tells me that with all his advantages he is obliged to economise very closely to realize any thing from his operations. Here at Syracuse, that factory is acknowledged the best, and is rather looked up to, as the model. It is evidently the best arranged in every way, but I think there are defects in it which might be easily remedied and which would add materially to the saving, of labor and to the more rapid evaporation of the brine. The wood used is even coarser, larger than that we use in Virginia, and much heat is lost by the manner of laying down the kettles. I have thought of several minor improvements in the construction of the blocks which I will submit you when we meet.
“The pans used here for collecting the Bittern, and other sediment, are eminently defective inefficient. In the first place they do not fit the bottom sufficiently close, and they are so small that I presume not more than one half of that which is actually precipitated, is received in them. Still the salt is very white and makes a good show, and in the western market would sell well. A better article however can be made of our Brine, I am confident, and at as little cost. And this suggests to me a fact in the calculation of the expense of making salt that has generally been overlooked in the estimate as given at different places. We at Saltville, pump the water-cut and draw in the wood -make the barrels—build the boats and ship it to market ourselves. All these go, in some measure if not entirely, in our estimates of the price of manufacture. Here nothing is taken into the account but that which is necessary to the simple evaporation of the brine. But more of this anon.
“As the works were not in operation last week, after looking through them for two days, I resolved to proceed at once to Niagara, and spend more of my time here on my return. I left here accordingly on Thursday morning, and got back yesterday, Sunday, at 6 A. M. I was at the Falls from 101 A. M. Fritill 2. P. M. Saturday. To say how much I was delighted is entirely impossible. Language but faintly conveys the impressions made upon the
mind by such grand works of nature. We stand "and gaze and gaze till the heart reels with its fullness," and the mind is bound by a sense of the greatness and power of God.
“ These two days I look upon as an epoch in my life. The only drawback to my pleasure was that I was alone-not even cheered by the papers giving an account of your visit. By some unexplained delay, they did not reach me till last Friday or Saturday, and I of course did not receive them till yesterday, (Sunday) morning. I have spent to-day amid the vapor of the salt kettles at the Hope Factory mostly.
"I visit now (6 o'clock P. M.) Mr. Getteau's old works. I call them old, for they are abandoned. I will give you my impression of them in my next. I have made Mr. Čonkey's acquaintance, and find him like every one else here, kind and attentive.
“Do you not think PROF. Mapes, mistaken in his theory of the section pump? I have been thinking of it since we parted, and I confess do not fully concur with him.
“ The pressure of the atmosphere will only raise water 32 feet-and no system of stationaries or underfoot valves I have ever seen bring it up higher-suppose for instance the first stationary is 26 feet below
the surface of thc water where a vacuum has been upon you, as you had been a correspondent of his formed. The piston strikes against the vacuum is not brother, Senator Wm. C. Preston, and that he should made more complete, and I see no force sufficient to provide himself with the various specimens of rock force the water on. 'Tis not true, you then pump and minerals of this neighborhood. Knowing that it from a cistern 20 feet higher than the water's ordinary will afford you very great pleasure to see him and rosurface. I would be glad you would look at this a little ceive the minerals, I take this early opportunity of before we meet. I hope to be in New York by answering your letter received yesterday, and of appriSaturday night.
zing you of his intention to visit you, supposing that "I may drop you another line before leaving here. you may receive this before his arrival, as he has In the meanwhile however be assured of my kindest numerous friends to call upon on the road, and may and most grateful regards and believe me,
he detained several days in his journey.
“The Barytes is found “ in place," six miles from THO. L. PRESTON."
here. I have not yet seen it, excepting a small frag: E. Meriam, Esq.
ment that Dr. McCall gave me, which he happened
to have on hand. I put it up with a small package of “ Saltville, Va., March 18, 1846. specimens and sent it to my family by Mr. Preston. “Dear Sir-I have an opportunity now of addressing
If he does not happen to have a specimen of Barytes
for you a letter by the hand of Thos. L. Preston, Esq.,
you, please to request him to open my package who will pass through New-York on his way to Syra
and give you the specimen it contains. I beg that cuse, which place he intends to visit for the pupose
you will not fail of doing this, as it will in your hands of making a personal examination of the various im
be more beneficial to the cause of science, and I can provements in the manufacture of salt. He will
supply my family at another time. I sent you by Mr. deliver you samples of the salt which I have manu- Preston, samples of salt which I have manufactured factured since my arrival. The finest grained speci
since my arrival. It is better than that which has men was made in a front kettle by rapid evaporation,
generally been made here, but I have not yet had opand the coarser specimen in the back kettles by slow
portunity of introducing those radical improvements evaporation, while the furnace was cooled down.
which are needed to make salt with economy, and to "You will perceive by these specimens, that the Salt
produce that unsurpassed quality which the Saltville
brine can furnish. ville brine has a stronger capacity to assume the cubic form of crystals than that of Syracuse. This I attribute “ In relation to the snow storm, concerning which to the absence in the Saltville brine of a certain im
you enquire, the first severe storm occurred on the purity which is contained in that of Syracuse. 14th of February, while we were on board the Packet “I wrote to you soon after my arrival here, and I
Boat ascending the James River Canal, and approachgave it as my opinion that the Saltville brine contain
ing Lynchburg. The previous day was delightful. ed as much oxide of iron and sulphate of lime as the
This latter place is 142 miles west of Richmond and Syracuse water; but after more careful examination,
here the Canal terminates. It is a broken, mountainI am satisfied that it contains far less impurities. It
ous country, and the gneis, which is the prevailing works more kindly than any brine that Ì have been
rock has been at a former period very much disturbed acquainted with, and with proper apparatus as pure and the strata so distorted that it is difficult to discover and beautiful salt may be made from it as the world
any thing like a general inclination or “dip,” Much produces.
of it is in a vertical position, and in some places it I have made such improvements as the nature of
seems to have been turned upside down. Lynchburg the circumstances, and the limited time I have been is 180 miles from Saltville. We performed this part here has admitted, and the people think that the im
of the route by stage, and a rougher stage ride I never provement is very great, but I have hardly begun to had. We arrived at Wytheville, in Wythe Connty, on do in the way of improvement what can be done, and
the evening of the 17th of February, two days after what I intend to do.
taking stage at Lynchburgh, distance 150 miles. It “Mr. Preston will collect for you, before he starts,
was at this place that we encountered the severest some specimens of the various rocks of this neigh- snow storm, and were detained at Wytheville in conseborhood, which he will present to you on his arrival quence four days. It snowed most of the time while at your place. He is the brother of Senator Wm. C.
we remained there, with a strong wind, I think blowPreston of South Carolina, and is the manager of the
ing from the East. large Preston estate at this place. He is a highly in. telligent gentleman, and you will be much gratified "Saltville is 28 miles from the Tennessee line and 30 by a call from him.
miles from North Carolina. It is 90 miles from Ken" You would be delighted with a ramble among our
tucky at the gap in the Cumberland mountains. The mountains in search of mineral treasures in aid of the
Clynch mountain is in view about six miles distant cause of science. The country presents a charmingly
North Westerly and is at that point 2760 feet high, tho
top of it capped with white sandstone, resting upon red romantic prospect. The mountains in this vicinity
sandstone both of which are distinctly visible at this do not present a continuous unbroken chain, but are in the form of a succession of pyramids, rising
place. By water navigation down the Holston and
Tennessee Rivers, it is 150 miles to Knoxville, Tenn., from two to five hundred feet high, with narrow
and 600 miles to Huntsville, Alabama. The north passes between them, in many places only of suffi
fork of the Holston at this place is little more than a cient width for a wagon track. I hope that you will visit us in the course of the summer.
mountain rill, excepting in time of a freshet, when it
swells to a river about 200 feet wide, and six feet “ I am keeping a table of the temperature of the deep with a strong current, at which time boats take atmosphere which I will furnish you hereafter. This
200 barrels of salt, and proceed down stream, but the morning at eight the thermometer stood at 42°, and
navigation is difficult and dangerous for the first thirty now, at 2 o'clock P. M. it is at 65o.
miles. Please write to me often if you have leisure. I * Freight from this place to Lynchburg is about one thank you for the papers sent me since my arrival, dollar per hundred, and about 50 cents from thence which were duly received. It is like meeting with to Richmond. an old friend to see a paper from New-York. “Respectfully yours,
“The chimneys of the salt furnaces here are entirely
too low to manufacture salt with economy. I can
stand beside some of them on the ground, and look
down them. The heat is chiefly spent upon the front Saltville, Washington Co., Va. kettles to the destruction of the metal, and by this March 22, 1846.
process much unburnt carburetted hydrogen is distilled “E. Meriam, Esq.
from the fuel, and passes off into the atmosphere with"Dear Sir:-Your letter of the 12th inst., was receiv
out benefit. ed yesterday, for which I thank you. I had written to "There are some small iron works five or six miles you two days previous by Thomas L. Preston, Rsq., distant, and there are works of considerable extent who left here on that day for Syracuse, which place thirty and fifty miles distant. I furnish you with the he intends to visit for the purpose of making a per- temperature of the atmosphere and observations of sonal examination of the various improvements in salt- the weather during this month so far, which are made making.
by Mr. Wm. King, the clerk of King & McCall. “Mr. Preston informed me that he intended to call “Please advise me as to the amount of mineral speci
mens you desire to bave sent you. It will afford me pleasure to collect them and forward them to you.
THOS. SPENCER. 8 a.m. 12 m. 6 p.m. March 20..40..46..37 Snow 3 inches.
3..50..59.. 45 Intermittent rain showers. 4..41..62..54 Clear. 5..47..68..47 Clear. 6..45..69..60 Half clear, half cloudy. 7.. 42..72..42 Clear and windy from west. 8..45..73..66 Clear. 9..55..73..64 do. 10..51..65..63 Cloudy, threatening rain. 11.. 43..58..52 Cloudy. 12..55..60..53 Much rain. 13..53..62..56 Rain, hail and thunder. 14..40..47..48 Cloudy, W. wind, snow, rain. 15..49..52..46 Cloudy, stormy, west wind. 16..39.. 46.. 43 Clear with heavy west wind. 17..38 gone 42 Cloudy. 18..42 gone 57 do. 19..50: 68..56 Dense smoky atmosphere. 20..52..56..54 do. do. with light sprink21..38..52.. .... Clear.
transparent water, of capacious volume, gushing from the mountain side, and what is a sublime prospect, a day seldom passes that we may not see the clouds stoop and kiss the mountain's top.
I will select for the various specimens of minerals as I have opportunity, and forward them when I have completed the selection. I have recently learned that there is an extensive cave 6 or 8 miles from here, which has never been fully explored. I intend to visit it before long, and will furnish you with a description. Please write me as often as you can find it convenient.
THOS. SPENCER. E. Meriam, Esq.
TABLE FOR APRIL 1846.
Condition of the weather. 126.96.36.199.. light clouds--east wind. 188.8.131.52..hail, snow, east wind. 184.108.40.206..clear and calm. 220.127.116.11.. do. do. 18.104.22.168.. do. do. 22.214.171.124.. do. do. 126.96.36.199..cloudy, sprinkling rain. 188.8.131.52..clear and calm. 184.108.40.206.. do. do. 10.52.72.60..clear and calm. 220.127.116.11..rain, west wind. 18.104.22.168..rain in the morning, clear at evening. 22.214.171.124..cloudy, west wind, frost in morning. 126.96.36.199..clear and calm, frost in morning. 188.8.131.52.. do. do. do. do. 184.108.40.206..clear and calm. 220.127.116.11.. do. do. 18.104.22.168..clear, west wind. 22.214.171.124..cle r and calm. 126.96.36.199.. do. do. 21.-.85.58.. do. do. 188.8.131.52.. do. do. 184.108.40.206..cloudy, west wind. 220.127.116.11..cloudy, west wind. 18.104.22.168..cloudy, west wind. 26.68.- -..cloudy, west wind. 22.214.171.124..cloudy, east wind. 126.96.36.199..cloudy, east wind, rain in night. 29.61. -..clear, east wind. 30.58.76.-cloudy, rain, wind variable, thunder storm
Hereafter observations will be made four times per diem,
W. K., Jr. [Note.-The latitude is between 36 and 37° north, longitude between 82 and 83° west. Elevation above tide-water not ascertained.-Ed.]
188.8.131.52.57.. light shower at 5 p.m., heavy thun
der and very sharp lightning. 184.108.40.206.44..
Rain 0,40-100. 220.127.116.11.58.. heavy frost. 18.104.22.168.60.shower 9 a.m., 0,03-100. 22.214.171.124.54.. 126.96.36.199.49.Light showers, 10 a.m. 188.8.131.52.56.. Sprinkle of rain 10. p.m. 184.108.40.206.50.. 220.127.116.11.46.. 18.104.22.168.47.. 22.214.171.124.58.. 126.96.36.199.52..Showery 3 p.m. rain 0,45-100. 188.8.131.52.60..Showery 6 a.m. and 9 p.m. 030-100.
East wind at sunrise on the morning of the 26th and 30th.
South east wind at sunrise on the morning of the 23d and 29th.
South wind at sunrise on the morning of the 2d, 3d, 5th, 7th, 11th, 16, 17, 18, 20th and 28th.
South west wind at Sunrise on the mornings of the 4th, 9th, 10th, 13th, 14th, 21st, 24th and 27th.
West wind at sunrise on the mornings of 1st, 6th, 8th, 15th and 19th.
North west wind at sunrise on the mornings of 12th 22d, and 25th.
At 9 o'clock in the morning the wind was from the east on the 4th, 26th, 29th and 30th, from the south on the 2d, 3d, 5th, 7th, 11th, 16th, 17th, 18th, 21st, 28th ; south west, 10, 13, 14, 20 and 24; west, 1, 6, 8, 9, 19, and 27 ; north west 12, 15, 22 and 25; north 23.
At 3 o'clock P. M., the wind was east, 4, 18, 28, and 30; south east 29; south, 5, 7, 10, 16, and 21; south west 11, 14 and 20; west , 12, 17, 19 and 22 ; north west 1, 2, 3, 9, 18, 15, 25, 26 and 27 ; north east, 6, 23 and 24.
At 9 o'clock in the evening the wind was south east 4, 28, and 29th ; south 2, 5, 6, 7, 10, 16, 17, and 30; south west 3, 11, 14, 15, and 20; west on the 8, 12, 13, 19, 21, 22 and 23 ; north west 1, 9, 13, 23, 25, 26 and 27 ; north east on the 24th.
Clear weather at sunrise on the 1, 2, 3, 4, 5, 10, 14, 16, 18, 19, 21, 27 and 28 ; at 9 A. M;, 1, 2, 3, 4, 16, 17, 19, 21 and 27 ; at 3 P. M., on the 1, 2, 3, 4, 9, 17 and 27, and at 9 P. M. on 1, 2, 3, 3, 4, 5, 6, 8, 9, 10, 15, 17, 19, 20, 22, 23, and 27.
The Dew point on the 1st at sunrise was 24; on 7, 36 ; 11, 54 ; 13, 25; 15, 28: 18, 46; 20, 28; 21, 36 ; 23, 47 ; 24, 46 ; 29, 36 ; 30, 46.
The Barometer was at 30,00 on 1, 2, 3, 4, 5, 6 and 9, and the 2, 4, and 5, 30,02, and on the 3d and 6th, 32,06, on the 11th 29,14.
Rain during the month, 2 iuches.
Saltville, Washington Co., Va. May 3, 1846. Dear Sir.
Your highly esteemed letters of April 6th, 10th, and 12th, were duly received. I thank you heartily for the valuable hints they contain on various topics.
Your gestion that fire brick may be made by grinding our fire rock to a powder, and remoulding it. I think an important one. At your suggestion the experiment is now being tried, at Mr. Preston's brick yard. The rock was ground at Mr. Preston's gristmill. The brick-maker says that it works beautifully in the moulds. I will let you know the result when they are burned.
You say that you are inclined to think that the Saltville brine is slow of evaporation, and wish my opinion upon the subject. I have examined this matter as carefully as possible, and it seems to me that it evaporated more rapidly than the Syracuse brine. In our 38 kettle furnace the back kettles “come down," full three times in 24 hours. In a furnace of the same size at Syracuse, the back kettles do not“ come down" oftener than twice during the same time, and we draw quite as much salt from each kettle each time, as they do at Syracuse ; that is one and a half or two bushels of salt each time the kettle “ comes down"
or boils down sufficiently low to withdraw the salt. The difference in quantity being 50 per cent. in favor of Saltville, which is a greater difference than there is in the strength of the brine. Syracuse being 75°, and Saltville brine at 90°. In a chemical point of view there are also strong reasons why the Syracuse brine should be the slowest of evaporation, as it contains more muriate of lime, which is exceedingly difficult to evaporate.
The buildings and machinery for pumping, attached to Mr. Preston's Salt Well, were destroyed by fire last night. The fire commenced in a blacksmith's shop, which was in the same building: The buildings and machinery at Kings' well (which is near by) were not injured.
I have procured some beautiful specimens of Barytes for you. * I found it "in place" about seven miles from here, in the side of a mountain, imbedded in a yellowish hard flinty rock, which rests upon an amorphous lime stone.
In one of your letters you suggested that I should be likely to find Strontian in the same locality. Will you please describe its appearance, and inform me how I may distinguish it from Barytes ? I believe there is a strong resemblance between them.
I have requested Mr. King to furnish me, for your use, his meterological table up to the first of the month, which I will enclose herewith. We can furnish you with a more complete table after the arrival of the Rain-gauge which you have procured for Mr. Milner,
The season is now delightful, and our mountain scenery is beautifully picturesque. I took a ride of a dozen miles on horseback a few days since, among the mountains, and the forests presented the aspect of a magnificient flower garden, many of the trees being covered with fragrant flowers which are in full bloom at this season of the year. To add to the beauty of the scenery, we frequently meet with springs of cool
We have received from Lyman W. Conkey, Esq., of Syracuse, several very elaborate reports of his very minute and valuable meteorlogicol observations made at that locality. From that of April, 1846, we make the following synopsis :
Place of observation Syracuse, Onondago County, New-York, latitude 43° 1', longitude 76° 15', altitude of Barometer 400 feet.
9 a. m.
3 p. m. 9 p. m.
REMARKS. 184.108.40.206.34.. heavy frost. 220.127.116.11.34.. 18.104.22.168.36.. 22.214.171.124.43..
[cumulus 3 p.m. 126.96.36.199.53.. light cirrus 9 a.m., clouds cirrus 188.8.131.52.50.. lunar hal, 10 p.m., large and bright. 184.108.40.206.63..showery 10 p.m., rain 0,10-100 in. 220.127.116.11.36.. 18.104.22.168.46.. 10.42.54.67.60.. Daffadels in blossom. 22.214.171.124.44..showery 10 a.m., rain 10-100. 126.96.36.199.34.. light snow 10 a.m., recomenced 3)
p.m. Hyacinths in blossom. 188.8.131.52.35..snow squalls during the day. 184.108.40.206.42..Nectarines and Apricots in blossom. 220.127.116.11.31..snow squall, 6 a.m. 18.104.22.168.50.. Strawberries in blossom. 22.214.171.124.62..strength brine at Syracuse wells 73.
BIRDS. In the April number of the Gazette we said, the little bird which we denominate the Adirondack Solitary we had never seen or heard elsewhere than along the borders of the wilderness which skirt these majestic heights.
Early in the morning of the 17th, of the same month, we were surprised by the plaintive notes of the Adirondack Solitary on the top of a cherry tree, standing within twenty feet of the window at which we had penned the account of that little bird-the lower sash of the window was up at the time. We were a little surprised at the sound, and began to doubt whether imagination had not suggested the notes to the organs of hearing-while recovering from the surprise, the notes were repeated--we arose from our seat, and beheld at the top of the tree a little gray bird, which immediately flew away. The next day we visited Greenwood Cemetry, and spent a considerable time in viewing those consecrated grounds, in company with Henry Parish, Esq., who had selected some lots in that Čity of the Dead, for the construction of a Tomb. There we saw numerous birds. The next morning, at a little past 4 o'clock, we took a morning walk upon Brooklyn Heights, and during the whole of this walk we heard the plaintive notes of the Adriondack Solitary upon the tops of the highest trees, which it sounded at intervals. Since then we have met with Mr. Perry, of Brooklyn, who visits the Greenwood Cemetry daily, and he informs us that he heard the notes of this bird, which we described in the last number of the Gazette, a copy of which we sent him, in the Greenwood Cemetry Groves, during one of his visits to those grounds in the month of April.
Klunicipal Gazette .
PUBLISHED BY THE ANTI-ASSESSMENT COMMITTER AND DISTRIBUTED GRATUITOUSLY.
EDITED BY E. MERIAM.]
NEW-YORK, JUNE 24, 1846.
[Vol. I....No. 42
... Samuel Nelson,
D. B. St. John,
Levi S. Chatfield. PUTNAM... ... Gouverneur Kemble. QUEENS
..John L. Riker. RENSSELAER....... Wm. H. Van Schoonhoven.
Abraham Witbeck, Jr. RICHMOND.. John T. Harrison, ROCKLAND.. ...John J. Wood. SARATOGA ..John K. Porter,
James M. Cook. SCHENECTADY ... Daniel D. Campbell. SCHOHARIE
......John Gebhard Jr.
William C. Bouck. SENECA
Ansel Bascom. ST. LAWRENCE .. Bishop Perkins,
John L. Russell,
Robert Campbell, Jr.,
B. S. Brundage.
Wm. B. Wright. SUFFOLK ..........C. C. Cambreleng,
Abel Huntington. Tioga... ..John J. Taylor. TOMPKINS
Thomas B. Sears,
John Youngs. ULSTER
.James C. Forsyth,
George G. Graham. WARREN ... William Hotchkiss. WASHINGTON Edward Dodd,
Albert L. Baker. WAYNE
Horatio N. Taft. WESTCHESTER ...John Hunter,
Aaron Ward. WYOMING
Andrew W. Young. YATES
CONVENTION OF THE PEOPLE OF THE STATE
OF NEW-YORK. The members elected by the citizens of the State of New-York, to form a new Constitution, to be submitted to them at the Nov. election of 1846, for their approval, assembled at the State House in the city of Albany, June 1, 1846, We copy the proceedings of that day from the Albany Argus, as follows:
CONSTITUTIONAL CONVENTION. This body assembled on Monday in the Assembly chamber.
At 12 o'clock, M. the Convention was called to order, and the delegates sworn in, by the Hon. N. S. Benton, Secretary of State.
On motion of Mr. Hoffman, the Hon. Charles H. Ruggles, of Dutchess, was appointed temporary President of the Convention.
The Convention then proceeded to ballot for a President, with the following result: John Tracy ..
69 John Miller..... 6 Alvah Worden.... G. W. Patterson.. .3 Geo. C. Clyde.... 9 Geo. A. Simmons. 2 James Tallmadge.. .7 Chas. H. Ruggles.. Ambrose L. Jordan....5 Elijah Rhoades. .1 Chas. P. Kirkland......5 Blank
.6 John Tracy, of Chenango, was declared duly elected ; and on taking the chair, returned his acknowledgments.
The following additional officers were chozen, viz. Jas. F. Starbuck, of Jefferson, and Henry W. Strong, of Rensselaer, Secretaries: Hiram Allen, of Columbia, Sargeant-at-Arms; and H. R. Hewlett, doorseper.
On motion of Mr. Ward, a committee on rules vas appointed.
The hour of 11 A. M. was fixed for the meeting of the Convention.
The Whig Delegates, deeming it inexpedient to act politically in the organization of the Convention, presented no candidates for the offices of President, Secretaries, &c.
Only three Delegates were absent, viz. Mr. Nelson, of Otsego, Mr. Young, of Wyoming, and Mr. Porter, of Saratoga. Mr. Porter is detained in Court, as Counsel in a trial for murder now progressing. NEW-YORK STATE CONVENTION.
Calvin T. Chamberlain,
.. Alonzo Hawley,
G. A. S. Crooker.
Daniel J. Shaw.
Richard P. Maryin.
Elisha B. Smith,
Geo. C. Clyde.
DELAWARE Isaac Burr,
David S. Waterbury. DUTCHESS
Peter K. Dubois,
Horatio J. Stow,
George A. Simmons. FRANKLIN
Joseph R. Flanders. FULTON
..John L. Hutchinson. GENESSE
Samuel Richmond. GREENE.
James Powers. HERKIMER . Michael Hoffman,
rphaxed Loomis. JEFFERSON Alpheus S. Greene,
Elihu M. McNeil,
Azel W. Danforth.
Henry C. Murphy,
Conrad Swackhamer. LEWIS
Russell Parish. LIVINGSTON .. Allen Ayrault,
Wm. H. Spencer. MADISON.
Benjamin F. Bruce.
Frederick F. Backus,
D. R. F. Jones.
John W. McNitt. ONEIDA
.. Charles P. Kirkland, Julius Candee, Edward Huntington.
Cyrus H. Kingsley,
. Alvah Worden,
Robert C. Nicholas. ORANGE..
... rv.John W. Brown,
George W. Tuthill,
Lewis Cuddeback. ORLEANS
William Penniman. OSWEGO......
... Orris Hart,
PROTECTION OF THE FOUNDATION OF THE
COUNCIL OF THE CONSTITUTION. The creation (by the Constitution) of a distinct and independent body to guard its provisions from violation by the active departments of the government exercising power under it, soems, from experience, to be found necessary to its preservation.
In the Constitution of Vermont, Sec. 43 of Chap. 2, provision is made for a Council of Censors to be elected every seven years, whose duty it is made to examine into every violation of the Constitution by the Executive, Legislative or Judiciary departments of the Government.
This Council is called a Council of Censors and is composed of 13 members elected by the people.
The Judiciary is in a measure subordinate to the Legislature, and not therefore independent of that body.
Under the former Constitution of this State an act passed by both branches of the legislature at the close of the session (in the haste of the members to adjourn and return home) could be retained by the executive until after the termination of the session, and if disapproved by him could be returned to the next legislature, on the first day of its session, with
his objection in writing thereto, for their consideration.
Congress in 1845, are copies of numerous letters reThis was a good provision and well calculated to
The appointment of Judicial officers to hold office ceived by the State Department from American Conguard against arbitrary, as well as hasty legislation.
during good behavior, has been in use in MassachuIt is the practice of the Legislature to hurry through
suls abroad, from which we make the following exsetts since the organization of that State Government. important bills at the the close of the Legislative term
tracts. The United States Judiciary hold their offices for the and in such numbers that it is impossible for the ex
We have heard of no well grounded Extract from a letter dated Island of Curacoa, Nov. ecutive who is called upon to approve the act to even
complaint, against the Courts of Massachusetts, or of read it with care. Such haste is prejudicial to the
1843, by W. H. Freeman, U. S. Consul, to the Secthe United States. The decisions of these courts respublic interest, and should be guarded against by an pectively have commanded respect every where.
retary of State: adequate provision to be inserted in the fundamental
If Judges are elected to office they will become “ The salt of Curacao and its dependencies is acknowl. code.
strong partizans and therefore unfit for the exercise of edged on all hands to be superior to all other. It is It is not the proper business of the Judiciary to examthe duties of the high office.
heavier by about 20 per cent., and the same being ine into the provisions of the statutes and ascertain if
The duties of the Judge require talents of no ordi- obliged to pay duty by weight, and being sold by they are in accordance with the requirements of the
nary character, and surely the people would be better measure enables other Salt Ponds in the West Indies fundamental law, unless a question arising under a
served by confiding the nomination of an individual to supply the United States with an inferior article, particular law makes such exainination necessary in
to the high office, to a man whom they deemed quali- and thus exclude that made here, and while salt in all the particular case.
fied to be the Governor of the State, than to a politi- other parts of the West Indies is paid for in cash by A council of cevsors composed of five or more incal clique.
the vessels taking the same (here it has generally been dividuals elected once in five or seven years and re
If Judges are elected for short terms they will be shipped on account of the planters, so termed), and quired to assemble at the close of each legislative session to examine the acts of the legislature deliberately,
manouvering for a re-election, and will lean in their merchants engaged in trade with us, and in all cases
Judicial decisions to the members of the strongest the returns are made in the products of the United with power to suspend the operation of an unconsti
party especially if such members or individuals are States, which, besides, gives a farther employment to tutional act until 30 days after the meeting of the
active partisans. If they are limited to one term our marine, and a commission to our merchants, next Legislature would be found a salutary restraint
they will lend their influence to the succession of a would be sure to lead to an increase of trade from upon arbitrary as well as a curative of hasty legisla
favorite, and thus make the office subordinate to a year to year. There is now enough on hand to employ tion. bad purpose.
10.000 tons of shipping to take the same away ; and the The Judiciary department of the Government are
The Constitution of Massachusetts contains this inability of finding a market for the same, under our required to obey the Constitution, but who is to exprovision:
“ tariff," amine their acts and determine in what manner the
;" has led to numerons applications “ XXIX. It is essential to the preservation of the here to me, to notify the same to the Government in Judges have performed the duties appertaining to their
rights of every individual, his life, liberty, property the hopes of a remedy. Salt 26 to 36 cts. per bbl. respective offices. The Constitution of 1777,
and character, that there be an impartial interpreta- A barrel contains 4 Curacoa bushels, equal to 31 bushthat of 1821, made provision for keeping the high ju
tion of the laws, and administration of justice. It is els United States measure.' dicial officers distinct from, and independent of, the the right of every citizen to be tried by judges as free,
REMARKS. other departments of the Government and withheld
impartial and independent, as the lot of humanity from them the exercise of patronage by withholding
The Curacoa Salt is known in Trade as the Rock will admit. It is therefore not only the best policy, the power of making appointments to office except
but for the security of the rights of the people, and Salt, and weighs from 80 to 90lb. the measured bushel. in specified cases such as clerks of their own court
of every citizen, that the judges of the supreme judiprovision was also made that neither the Chanceller,
cial court should hold their offices as long as they Justices of the Supreme Court or Circuit Judges shall behave themselves well; and that they should have
Extract from a letter from Alexander Burton, Conhold any other office or trust. This language would
honorable salaries ascertained and by standing laws." sul at Cadiz, Spain, dated Cadiz, Sept. 1843, to the seem to be sufficiently clear and explicit to admit of but one construction and yet notwithstanding, the
Secretary of State. legislature imposes upon the Chancellor and Judges
EXECUTIVE, LEGISLATIVE, AND JUDICIARY “Salt can be sold only at wholesale by individuals, numerous duties other than those of a judicial char
and solely for exportation to foreign countries. The acter, and these duties are performed by the judges notwithstanding the inhibition contained in the con
There is an absolute necessity of declaring in the
average price of this years export is 4 3-5 cents per
busbel. "The retail of Salt throughout the Spanish stitution. Here then is the executive, the legislative New Constitution, what powers are executive, what
dominions is a monopoly of the Government, and it and the judiciary department of the government all
are legislative, and what are judiciary, and a necessity uniting in a violation of the fundamental law, and also exists of confiding the exercise of each and every
is at present farmed out. The fixed price of sale for office to different and distinct individuals. No one
this article of consumption in Spain, differs according there is no organised body to take cognizance of the
to the distance from the sea. In Andelusia it is equal individual should hold two offices, nor should any ininfraction. dividual be made by virtue of any one office an ex
to $2.75 per 100 weight. Salt is sold for cash. AmeIf the judges are called upon to decide, they will officio incumbent of another office.
rican vessels coming to Cadiz in ballast to load this not be willing to declare an act void when such dec
The Constitution of Massachusetts, Art. 2, of Chap
article, generally bring specie.” laration might, perhaps, make them individually liable ter 6, contains some good provisions in this, which
REMARKS. for damages--nor should it be required that they
are well worth the attention of the members of our Cadiz Salt is not so coarse as Turk's Island. should set in judgment in a case in which they are
State Convention. These provisions are so plainly the principal parties.
drawn that there is no room for misconstruction. DisA Board of Censors whose duty it should be made to take cognizance of such cases would be able to act tinct, plain, explicit, and such ought to be the language
Extract from the Report of George Gibbs, acting of every fundamental or organic law. in each case with independence, with promptitude,
Consul at Turk's Island, dated Turk's Island Aug.
The Constitution of Massachusetts occupies seven and would remedy mischiefs by removing the means of doing it. We will notice this subject again. pages of this volume, while the present Constitution
31, 1843, to the Secretary of State. of our State occupies but little over three pages.
“Salt is the only produce of this Island. Whole
sale price 8 cents per bushel. Export duty 1 cent DEEP EXCAVATIONS.
per bushel to the United States." Undermining the foundations of Dwellings.- The The greater or lesser length of a Ferry does not practise of sinking deep. cellars has recently, in cities, change or alter its peculiar character. A Ferry to Extract from the Report of the U. S. Consultate of become extensive, and in many cases the foundation
Albany from the City of New-York is the same as a of buildings erected upon the adjoining lots have been
Marseilles to the Secretary of State, dated March 3, Ferry to Staten Island from the latter city, and the undermined. The particular rights of the parties in
1843. such cases is a matter of great nicety to determine, right of property in the one than in the other, and Corporation of the City of New-York have no more
“ Salt 2.40 to 3.20 per ton of 2240lb. Salt is genand the question is one of that very great importance none in either. The Ferries across the East River to erally taken as ballast by masters of vessels. Retail that it seems necessary that it should be examined and
Brooklyn and Williamsburg, and across the North or price 6 cts. per lb. Interual taxes $6 on 224 lbs. No considered, and some legislative provision be made Hudson River to Jersey City and Hoboken, are of export duty. in the premises the same class. Ferries should be regulated by law
In the Report of the Consul at Canton, China, The State Convention will necessarily have to pass poration of New-York consider some of the Ferries
there is nothing said about salt. The Chinese Gov. upon that provision of the Constitution which relates
across the North and East Rivers, franchises-as prop- ernment raise a large internal revenue from salt. to the State Salines at Onondago. We have placed
erty; there is no such right of property--such a claim in this Volume an abundance of statistics in reference is against the public interest, and destructive of pub
The Report of the Secretary of State does not con
tain any report from the Consul at Liverpool and to this subject, and probably more information is em. braced in this volume upon that subject than is else
therefore we have no official information on that head where to be found in any single volume. The good
from that locality. quality of the salt is the desideratum, and if the gov- As the State Convention will necessarily have to The State of New-York, in the Onondago Salines, ernment of the State exercise ownership over these salines, then the plan should be to devise some means
pass upon the Onondago Salt duty, we have deemed have a public property which is inalienable. That it of divesting the Onondago Brine of the muriate of
it well to place before them some information in re- should be used for the best interests of the people, is lime and magnesia, which proye so detrimental to the lation to Foreign Salt.
unquestionable, but the gift of nature should not be quality of the salt.
In a Report of the Secretary of State published by y abused. No more salt; should be prepared at these
salines than can be made of good quality. Measures permit. It will be found to exhibit a complete acshould be taken to divest the brine of the muriate of count of the financial condition of the city govern.
ment, and in compliance with the charter and laws lime and magnesia that it contains, which is injuri
is respectfully presented. ous to its quality. This great difficulty should receive “ The information it embraces may be considered the attention from the Government which its impor- the more interesting, at this time, because of the distance demands. The improvement of the quality of
position recently manifested by the State Legislature
to interfere with our municipial concerns, the managethe salt is as much a business of the Government as
ment of which, so far as they are local, is secured to the raising a revenue from it.
the people of this city by the strongest guarantees, The reduction of the duty will not help the quality
The powers with which the people have invested
their State Government are limited by the constituof the salt.
tion of the state. The citizens of the several counIt is now satisfactorily ascertained what the real ties, and of this city and county in particular, have, difficulty is in reference to the Onondago Salt, viz: in their local government, distinct and independent that it contains muriate of lime and magnesia, and
rights, as clearly to be understood as those exercised
by the states independently of the general governwhile these are present it matters not how great the ment. With respect to this city and county, these per cent of chiloride of sodium is, so long as there is rights are either controlled by the charter, which is one per cent of the muriate of lime and muriate of
our county constitution, or undelegated and yet, re
main with its citizens. magnesia combined with it.
“The charter of this city is an express contract con
taining a convenant for the quiet enjoyment of the MONTGOMERIE'S CHARTER.
municipial powers it confers. It was made before Extract from the Charter known as Montgomerie's
the first shedding of blood in our revolutionary
struggle, and under the decision of the Supreme Charter. See Kent's Notes Charter, page 32. Court of the United States, it is one that is protected
“ And whereas, divers questions, doubts, opinions, by the Constitution of the United States from being ambiguities, controversies, and debates have arisen impaired by any act of state legislation ; all infracand been made as well upon and concerning the va- tions of its provisions may be taken to that tribunal lidity and force of the said recited grant or writing,
for final adjudication. Its charter, is a constitution dated in the year of our Lord, one thousand six hun- of a body politic, erecting the City of New-York dred and eighty-six, and the before recited letters
into “ A FREE CITY OF ITSELF." Her independent patent of Queen Anne, as upon all and every the sovereignty, in her local matters, is older than that other grants and confirmations of divers governors,
of the state itself, and her representatives in the conlieutenant governors, and commanders in chief, made vention which formed the state constitution, showed to our city of New-York, as aforesaid, by reason of they were sensible of its free position, when they the variety of names, stiles, titles, and incorporations procured an express reservation of her local rights, aforesaid, and by reason that the before recited grant
under her local constitution. That charter still or instrument, dated in the year of our Lord one stands as much a protection to her citizens from state thousand six hundred and eighty-six, and the other encroachments, as it was before the revolution against grants and confirmations of divers governors, lieu
the exactions of the British Crown. Should a contenant governors, and commanders in chief, were tinued disposition be manifested to impair its promade in the governors' own names respectively, when visions, or to trench upon the undelegated rights of they should have been made in the respective names, the people of this county, it will become their duty, stiles and tilles of former kings and queens, our royal
as well as that of their county representatives, to predecessors, under whom they were governors, lieu- test the strength of her municipial reservations, by tenant governors or commanders in chief respective- an appeal to the supreme judiciary of the United ly, and by reason, as some suggest and say, that the States." said city, or inhabitants or citizens thereof, never
REMARKS. were well, regularly, or legally incorporated, and The Corporation Comptroller assumes that the charter was a for want thereof, none of all the said grants, con
valid grant that it withstood the exactions of the British crown
and that it was recognized in the Constitution of this State. It firmations, instruments, or letters patent, herein.
will be seen by the extract from Gov. Cosby's letter to the before mentioned, could take effect or operate ; and Home Government which follows below, and by the extract for divers other defects in all, some or one of the
from the Constitution which is appended, and by the copy of aforesaid grants, confirmations and writings; and
the restraining act, ante. page 535, that there is nothing what
ever to sustain the Comptroller in the position which he has also upon the validity and force of the prescription taken. aforesaid."
Col. Cosby to the Board of Trade.
New-York, 18 Sept., 1732. quence of not being granted by the sovereign, and the charter My Lords, containing this recital is under the same difficulty, and besides I have the honor to acquaint your Lordships of my all of them are restrained by the act restraining the passage of illegal ordinances, approved by King William on the ilth of
arrival to this place; the assembly is now a sitting, so May, 1697, which remained in force until 1830. See ante. pg. soon as they are upp, I will not faile by the first ship 535.
that goes for England to send all the acts in order to Here is a claim set up by the Corporation, as be laid before you. I have just this moment received follorcs :
your Lordships' letter with a copy of Capt. Carring. CITY
ton's inclosed. I will immediately write to the ComComptrollers batice,
missioners for the Indian affairs to consult with the January 25, A. D. 1841.
Five Nations in order that they may interpose, and To the Mayor, Aldermen and Commonalty
will do every thing that I can in that affair. I am,
my Lords, with the greatest respect imaginable. of the City of New York. Your Lordships' most obedient humble servant, The People of this City have, with regard to their
W. COSBY. local government reserved to themselves the right to and require from their representatives, a full account
Extract from a letter, written by GOVERNOR COSBY of the manner in which their municipal interests are of the Province of New York to the Government at conducted, that they may posses a true knowledge of Home, on the 29th of August 1733, in reference to the their responsibilities and prospects. This information is essentially necessary in forming a correct opinion in
New-YORK CITY CHARTER, called Montgomerie's reference to the general action of their municipal
charter. government. It is especially so in matters of such “No. 10 is an act confirming the charter of the city vital imporrance to the people as the administration of of New-York by Governour Montgomerie, My Lords, the city finances. Opportunity is thereby afforded as to this act I would beg leave to observe that the them to decide upon the effect, that contemplated Charter which was designed to be confirmed by this changes may have upon their pecuniary interests, as act having past away grants of a very extraordinary also, to ascertain what reforms, if any are necessary. nature that I thought it necessary for me to acquaint With this view, the undersigned has endeavored to your lordships with some of the inconveniences arising make the annexed report as succinct, and at the same from it. By this charter are granted all the Islands time as comprehensive as the means of his office would near and round his majesties garrison here, the soil
of the East River, as far as low water mark and extending in length to the utmost limit of the Island whereby His Majesties prerogative and interest may be in danger of suffering, and his ships stationed here under the necessity of becoming petitioners to the Corporation for a convenient place to carreen, or refit, for this charter having granted the Corporation, all the Islands as well near and round as before the fort which lay commodious for the security and defence of it, in case of any eruptions, was as I conceive lodging too great a power in them, in case of any necessity, and by so much lessening of the King's prerogative.
“I must own, my Lords, that I was merely surprised into an assent to this act, it having been exhibited so very early after my arrival (as your Lordships will perceive by the act itself) that I had not an opportunity of being acquainted with the nature and design of it, and from the general words of the title of it very little apprehended the nature of its extent.
" The act in general terms confirms the city all the grants to them at any time heretofore made without either referring to any one grant in particular, or mentioning what the grants were that were designed to be confirmed by this act, so that your Lordships on view of the act could not determine what rights, grants or particnlar privileges were to be confirmed by the act and for ought appears some (if not many) of these grants or charters may be (and as I believe are) prejudicial to His Majesties' interests.
“ It were but lately my Lords íhat I came to any knowledge of the charter designed to be confirmed by this act, and that charter consisting of a vast number of skins of parchment, and the vessel by whom I now write being to sail in a day or two has rendered it improbable for me by this opportunity to have sent to your Lordships a copy of it, and without which your Lordships could not judge of the act, the act being worded in general terms, but shall send it by the next ship, and now hope that what I have offered will justify your Lordships to stop any proceedings at your board upon that act until I have this honor a second time to write further to your Lordship’s concerning it."
REMARKS.—The Colonial act referred to by Governor Cosby, is to be found on page 58 of this volume. It was never acted upon by the home Government at all. The provision in the Constitution of this state which follows, does not refer to such a charter as the one in question.
The Constitution of this State contains this provis
“ But nothing contained in this Constitution. shall affect any grants of land within this State, made by authority of the said King or his predecessors, or shall annul any charters to bodies politic or corporate by him or them made, before that day, or shall effect any such grants or charters since made by this State.” Sec. 14, Art. 7.
The charters of the City of New-York were never granted by the said King or his predecessors, nor was this granted by his authority or sanctioned by him.
Members of Common Councils of the City in the management of its public concerns are in every respect like the “ Selectmen" of towns, or the Supervi. sors of counties-mere administrative officers, nothing more-they have strictly speaking no legislative power for the Constitution has vested that solely in the Senate and Assembly, and these bodies cannot delegate this power.
REMARKS.-The act of the Colonial Assembly passed Oct. 14, 1832, referred to by Governor Cosby in his letter, set forth above, was repealed in 1830, by the general repealing act, which repealed all colonial laws then in force. See Revised Statutes,
Therefore Montgomerie's eharter is no better than a blank piece of paper.
PETITIONS AND REMONSTRANCES. Mayor HAVEMEYER, in his Veto Message, which is pg, 568, lays down the doctrine that where Remonstrances are presented and referred to a Committee they should examine and report thereon. This is sound doctrine and should be enforced in all cases by a suitable clause to be inserted in the fundamental code, and a disqualification longer to hold office should be the penalty in all cases where public officers refused to report on petitions and remonstrances, or should report without attending to this duty. This doctrine is the same now that it was before the revolution--the principle has undergone no change, but the disregard of it has been so common that a remedy is needed.
A complainant in the Court of Chancery filing his bill is entitled to an answer and the law provides he shall have one-this is equity.