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In reprinting the list of members from a legislative document, the office of Speaker was omitted.


MR. VAN SCHAICKS PETITION. A memorial was presented in the House of Assembly in January ult., purporting to be signed by Myndert Van Schaick and others asking that the rejected amendments to the City Charter may be again submitted to the people. Mr. Van Schaick informs us that he has not signed such a Petition, and that he voted against the amendments at the November Election he adds further that he was applied to for his name to the Petition and refused. The House of Assembly should investigate this subject, and the member who has offered this petition should ascertain who has thus imposed upon him.

" At midnight the thermometer was down to 300 and the wires to 441, and this evening at 6, the thermometer is at 26 and the wires 45.

“A gale of wind blew most of yesterday and last night, and this morning presents the appearance of a snow storm operating at a distance.

The wires and thermometer were both in equilibrium nearly the whole of Tuesday.”

“E. M." STORM AND LIGHTNING. Letter from the Hon. Tunis G. BERGEN.

NARROWS, L. I., Feb. 11, 1847. Dear Sir-Understanding that you keep a record of electric phenomena, I take the liberty of informing you that on Wednesday the 3d inst., during the violent storm of that day, towards evening, there was one vivid flash of lightning, and one heavy clap of thunder. I am credibly informed that the same struck the house of Coert Barre, in Gravesend, commencing at the chimney and following the same to the cellar so as to crack it: it also damaged some of the furniture in the house, and done some trifling injury to the building. Yours respectfully,

TUNIS G. BERGEN. E. Meriam, Esq. Letter from BENJAMIN F. THOMPSON, Esq.

HEMPSTEAD, February 15th, 1847. My dear sir :---I have but a moment to reply to your last favor, and only to say that the lightning was seen in the south-east on the Wednesday evening you mention, by myself, and the thunder was heard by those whose organs of hearing are better than mine, but I do not know how far it was witnessed further on the island.

In haste, truly yours,

B. F. THOMPSON. Ebex. Meriam, Esq.

LIGHTNING IN WINTER. The lightning storm noticed below traversed the great electric current in unusual haste, and no doubt was the offspring of a convulsion which shook the terrestrial surface it first set out from on its north-eastern mission. This lightning storm presents an interesting fact :-at Brooklyn, but a single clap of thunder was heard and a single flash of lightning seen-at the Narrows, 8 miles distant, the same fact is noticed by Mr. Bergen, in his letter, a copy of which we give and we infer from the tenor of Mr. Thompson's letter that such was the fact al Hempstead, still it may be othcr. wise, for that place being still further along the electric current, another discharge further north east might have taken place from the storm, and Hempstead may have been its extreme southwestern verge of reverberation and of illumination.

DESTRUCTIVE STORM. The following letter gives an account of a most terrible storm at Union Mills, Carroll co., Md., the residence of Andrew Shriver, Esq. :Correspondence of the Baltimore Patriot.

UNION Mills, Feb. 3, 1847. Our neighborhood was visited to-day, about 9 o'clock, by a most terrific hurricane, which has proved most destructive to property. We were warned of its approach by several peals of thunder-darkness and a distant howling of the winds. I was at the time in an upper apartment of the house, and on looking out, I saw the gigantic hickories whirling about like reeds and bending flatly under the weight of the storm. I immediately hastened down stairs to apprize the family of approaching danger, but before I reached, them, a sudden blast struck the house with so much violence, I thought it would have been shivered to atoms.

The draft through the aperture of the doors and windows was so great, that I could with difficulty open an opposite door. Carpets were torn up from the floor, furniture deranged, &c. By this time the storm had somewhat abated. It did not last over two or three minutes, but during this brief period, much damage had been done. Our substantial old brick mill, which has withstood the shock of the elements for fifty years, was about two-thirds unroofed both gable ends blown down, together with the large chimnies on each side. It appears that the front door gaye way at the upper story, and the wind rushing in bursted the roof upwards, hurling the shingles and rafters over a hundred yards distant. The bark mill house, and bark sheds, belonging to the tannery were overthrown.

But worst of all, because the most difficult to replace, a large number of our fine fruit and ornamental trees have been prostrated to the ground in every direction. The old Lombardy, which for ages have shaded the premises, the large fine Willows, the beautiful Maples, and several large Apple trees have all either been torn up by the roots or brokeu off in the stock. In the neighborhood several poor families have had their houses blown down, and are now seeking a home among the charitable around them. One poor man, with wife and six children, is left homeless and entirely bereft of the means of making his family comfortable. Much damage has been done to the growing timber. In numerous places immediately by us the wood is levelled to the ground.

OBSERVATIONS Published in the Brooklyn Evening Star of Febru

ary 4, 1847. "Thursday morning, 6 o'clock, Feb. 4, 1847. "The WEATHER.---From 8 A.M. yesterday to 5 P. M., the wires were from 540 to 55, and the thermometer from 44 to 50. At 6 P. M. both fell suddenly 30-an earthquake depression!

“The next hour the thermometer fell one degree and a half, and the wires half a degree.

“At 9, two hours after, the thermometer fell to 34 degrees, and the wires to 46.

* At half-past 8 a storm of thunder and lightning rapidly passed over.

COLOR OF SOILS. We are inclined to the opinion that soils which possess a color which absorbs the rays and heat of the sun is preferable for vegetation to soils having a surface which reflects the heat of the solar orb. Ex. periments can be easily made to ascertain to what extent color operates. We know that bright surfaces reflect both heat and light, while dark surfaces absorb.

AMENDED CITY CHARTER. Since the remonstrance against certain very objec. tionable provisions of the New York City Charter were transmitted to His ExcELLENCY GOVERNOR Young, and by him transmitted to the Hon. THE HOUSE OF ASSEMBLY, together with the official printed copy of these amendments, several of the Gentlemen who had signed a Petition to the Legislature asking to have the rejected amendments resubmitted to the people have held two meetings at the house of Thomas Suffern, Esq., and one meeting at the house of H. W. Field, Esq., and agreed to ask the Legislature to amerd the amendments and have stricken out several of the provisions noticed in the remonstrance transmitted to His ExCELLENCY GOVERNOR Young, thus sustaining the remonstrants, and with a frankness and candor highly commendable, thus admitting that the application to the Legislature for the loose resubmission of the Charter, was not well considered. We like to see good men reconsider a hasty act, and make amendments. We learn that these amendments thus made, have been transmitted by these Gentlemen to the Hon. the CHAIRMAN of the COMMITTEE on Cities and Villages, and that the Bill before reported with amendments, as set forth on page 690 has been recommitted. Thus the Anti-Assessment Committee have been nobly sustained in their movement in this matter, both by the Legislature and the Petitioners. Letter from the Hon. JAMES TALLMADGE.

New-YORK, Jan. 28, 1847. Dear Sir-Your note, copy of Constitution, of City Charter, &c., are received. Confinement from an attack of inflamatory rheumatism, has disabled me. to give the matter proper attention. I intended to have seen you yesterday—but could not go out. I signed the petitition to submit the amendments to the people without much information, or considerationand not feeling committed to the amendments.

Since your remarks I have read the amendments. The question is now whether to keep the old or take

Both have defects. It is a choice only of evils. I am not now ready to choose. The State nero Constitution, has many good parts. Yet the Court of Appeals, &c. &c., so defective, my vote was in the negative. I am not yet certain how to conclude between the old and the new charter. The powers in both are extensive, and unguarded-all depends (and neither is good) as it may be administered by honest men-or tools and creatures of party-aiming only at office and plunder-and taxation on those accused of being rich men.

In haste, Respectfully yours, E. Meriam, Esq., JAMES TALLMADGE.

FEBRUARY 20, 1847. Dear Sir:-Your note of yesterday came to hand, and the subject duly considered. Last evening a meeting was held near us—I attended and presidedsome 20 were present. Sutfern, Griswold, Astor, Benedict, Davies, Williams, Phoenix, Schermerhorn, &c. We meet again this evening to complete amendments, objeciions, foc. After to-morrow you can be informed of the doings &c., and the result of the consideration.

Signing the petition to the Legislature to submit it to the People, is not considered a committal to the contents of the new Charter.

The result of our present meetings will show this. My kheumatism and the wet weather embarrass my efforts and action very much.


the new.


ROT. “I am now collecting coal ashes for next spring, and shall try them again, and I hope with the same success as last year. My potatoes that were planted with coal ashes kept finely, and are as sound as when first dug, and are capital eating."

The above is an extract of a letter from W. Bigelow, Esq. of Hartford, Con., to Alden Spooner, Esq. of Brooklyn, N. Y.

ONONDAGA SALINES. Enoch Marks, Esq., State Superintendent of the Onondaga Salines, in a Report made to the Hon. William C. HASBROUCK, Speaker of the House of Assembly, states that the salt made at the State Salines in 1846 was three million eight hundred and thirty three thousand five hundred and eighty one bushels, and 37 56th of a bushel of which 331,705,03-56 bushels was Coarse or Solar Salt.

The import of Salt into the port of New-York during the year 1846 was 1.303,663 Bushels.

WAR AND FAMINE. While famine and pestilence is abroad in the East, a people professing the religion of Christ are carrying war and its awful calamities to the West. A dreadful judgment awaits the authors of these calamities.

The Emigrant Passenger Bill on this page is a violation of the Constitution of the United States, See 12 Wheaton 419,; also Sec. 13, of Art. 7, of the Constitution of this State, and also of Sec. 16 and 17 of Art. 3.

And Bill delegating Legislative power, and to amend another Act.

No. 73.

February, 9, 1847. [Reported by Mr. Develin, from the standing com

mittee on the judiciary-read twice, and committed to the committee of the whole.]

AN ACT To annend an act entitled “ An act concerning pass

engers in vessels coming to the port of New-York," passed February 11, 1824.

The People of the State of New-York, represented in Senate and Assembly do enact as follows :

Section 1. The first section of the act entitled “ An act concerning passengers in vessels coming to the port of New-York," passed February 11, 1824, is hereby amended so as to read as follows:

Every master or commander of any ship or vessel arriving at the port of New-York from any country out of the United States, or from any of the United States other than this State, shall within twenty-four hours after the arrival of such ship or vessel in said port, make a report in writing on oath or affirmation, to the mayor of the city of New York, or in case of his sickness, absence or inability to serve, to the commissioner of the alms-house department of said city, of the name, place of birth, and last legal residence, age and occupation, of every person not being a citizen of the United States, and who shall have arrived at any place in the United States, from any foreign country within the last preceding twelve months, and who shall not have previously paid any sum of money under or by virtue of any of the provisions of this act, or been bonded under the act hereby amended, and also of all such passengers as aforesaid, as shall have landed or been suffered or permitted to land, from any such ship or vessel, at any place during such voyage, or have been put on board or suffered or permitted to go on board of any other ship, vessel or boat, with the intention of proceeding to said city, under the penalty on such master or comunander, and the owner or owners, consignee or coudig wees, of such ship or vessel, severally and respectively, of seventy-five dollars for every person neglected to be reported as aforesaid, and for every person whose name, place of birth, and last legal residence, age and occupation, or either or any of such particulars, shall be falsely reported as aforesaid, to be sued for and recovered as hereinafter provided.

Ø 2. The second section of the said act, is hereby amended so as to read as follows:

It shall be the duty of the said mayor, or in case of his absence, sickness or inability to serve, for the said commissioners to require by a short endorsement on the report of every such master or commander of any such ship or vessel, to pay to the mayor, aldermen, and commonalty of the said city of New-York, the sum of one dollar, as commutation money for each and every such passenger so as aforesaid, arriving at said city, and in case any of said passengers are decrepid or infirm or likely to become a permanent charge on said city, then, and in all such cases, further to require by such endorsement as aforesaid, every such master or commander to become and be bound by a bond with two sufficient sureties, (who shall justify before, and to the satisfaction of the said mayor or said commissioner, that they are each residents of the city and county of New-York, and are each worth in real estate, double the penalty of said bond, over and above all liabilities, and all other amounts, for which they may at the time, be bound ;) to the people of the state of New-York, in such sum as the said mayor, or in case of his absence, or sickness, or inability to act, as the said commissioner may think proper; not exceeding three hundred dollars for each passenger, so decrepid, infirm, or likely to become a permanent charge on said city; and to indemnify and save harmless, each and every city, town and county in this state, from all and every expense and charge, which shall or may be incurred by any such city, town, or county, for the maintenance and support of every such person, and for the maintenance and support of the child or children of any and every such person, which may be born after such importation, in case any such person, or any such child or children shall at any time within five years from the date of such hond, become chargeable to any such city, town or county, or either or any or them.

And the mayor, or common council of any city, or

the superintendent of the poor of any county, or the overseers of the poor of any town, which city, town or county shall have incurred any expense or charge as aforesaid, shall be authorized in the name of the people of this State, to bring an action upon any such bond, and recover thereupon a sum sufficient to indemnify such city, town or county, for all such expenses or charges, incurred as aforesaid ; but no such suit or recovery, shall be a bar to any other action, brought upon such bond for other expenses or charges, incurred in the support or maintenance of any such person, as aforesaid. And if any such master or commander shall neglect or refuse, to pay over to the said mayor, or in case of his absence, sickness, or inability to act, to the said commissioner, such sum of money as hereinbefore required, as commutation money, for each and every such person, within three days after the arrival of such vessel at the said port of NewYork; or in case a bond shall be required as aforesaid, shall neglect or refuse to give such bond within the said three days, every such master or commander, and the owner or owners, consignee or consignees, of such ship or vessel, severally and respectively, shall be subject to a penalty of five hundred dollars for each and every person, on whose account such commutation money, or such bond, may be demanded by such mayor or commissioner as aforesaid ; to be sued for and recovered, in the same manner as is provided in the fifth section of the act hereby amended. And provided always, that in case any such person or persons, for whom bonds may have been given as aforesaid, shall become chargeable on any such city, county or town as aforesaid, it shall not be lawful for the said master or commander, owner or owners, consignee or consignees of such vessels, or the said sureties to take and remove such person or persons from the alms house of any such city or from such other places as may be designated by the proper authorities of any such city, county or town, for the reception and subsistence of such person or persons without the written consent of the mayor or commissioner of the almshouse of any such city or the keeper of the poor-house of any county in which such person or persons shall become a county charge, under a like penalty as last aforesaid, to be sued for and recovered in like manner, and provided also that the refusal or neglect of any such mayor, commissioner or keeper, to give such written consent, shall in no manner forfeit, impair or otherwise affect the validity of any such bond or bonds.

Ø 3. It shall not be lawful for any magistrate or other officer in the said city of New-York, having authority to make commitments of vagrants, to commit any person not a citizen of the United States as a vagrant, until the said magistrate or officer shall have ascerlained whether a bond, as aforesaid, has been given for such person; and it shall appear, that a bond has been given as aforesaid, within five years for such person, such magistrate, or other oflicer, shall not commit the said person as a vagrant; but shall and is hereby authorized to give a permit to such person, to enter and remain in the alms-house of said city, or such other place as may be designated for the subsistence and support of paupers as aforesaid ; and every permit so given as last aforesaid, upon which such person or persons shall enter the said alms-house, or other place as aforesaid, shall be deemed a breach of such bond.

ý 4. The said mayor, aldermen and commoaalty of the city of New-York, are hereby authorized and empowered to pass all such laws and ordinances, as in their judgment may be necessary or proper, to carry into full effect the act hereby amended; and to prescribe penalties for the non-observance or violation of any such ordinance; not to exceed one hundred dollars for each passenger or person, to whom such non-observance or violation may relate.

Ø 5. All and every of the provisions of the said act, not inconsistent herewith, are hereby declared to be and to continue and remain in full power and effect.

V 6. This act shall take effect immediately.


EXEMPT FROM TAXATION. On pages 353 and 354 of this volume, we published the opinion of the Supreme Court of the United States in which it was decided that the Stock issued by the Government of the United States is not liable to taxation by States or Corporations.

In the present number of this Gazette page 631 we have reprinted the opinion of the Court delivered by Chief Justice Marshall, but omitted to state the case in which the question was ad judicated.

The decision was made in 1829, in the suit of Weston and others, vs. The City Council of Charleston, S. C.

There were two questions involved in this suitthe first was that of Jurisdiction, the second, the liability of the Stock to taxation.

It was an application for an injunction to restrain the City Council of Charleston and their officers from collecting the tax by proceedings commenced in a local Court, and subsequently carried up to the Supreme Court of the United States.

The cause was twice argued by order of the Court on account of its importance. The Court sustained the jurisdiction, and decided that United States Public Stocks are not liable to taxation by States or Corporations.

The cause is fully reported in 2 Peters, 449.

CURRENCY AND EXCHANGES. The author of a very valuable treatise upon currency, who signs “ Publiu's,” states that in 1839, during the short crops in England, the Bank of Eng. land became a borrower of the Bank of France.

The present year, during a scarcity of food on the Continent, the Bank of France has become borrower of the Bank of England.

England is now sending gold to the United States to buy bread-a few years ago efforts were made to induce Congress to prohibit the exportation of specie.

In the Old World when famine prevailed, Pharoah having all the grain, obtained all the money, all the cattle, all the land, and then the people as slaves.

RAIL ROAD STOCKS. Public policy requires that Rail Road Stocks should be exempt from taxation. Rail Roads are a public benefit, and the making of them cannot consistently be undertaken by Government, the Government should therefore encourage individuals who have capital to benefit the public by its outlay in Rail Roads-of such is the Albany and Hudson ; and NewYork and Erie Rail Roads. Rail Roads increase the value of real estate to a far greater amount than the cost of the road-it is therefore the exemption of the Stock from taxation would not lessen the public revenue, but increase it by producing more value in real estate to swell the tax list.

The public spirited citizens who are making great efforts to get a Rail Road made on the bank of the Hudson; and these now engaged in completing the Erie Rail Road ; and those also who are moving with the St. Lawrence Rail Road, should be liberally dealt with by the State Legislature, while they are thus striving so nobly for the best interests of the great commonwealth.

FAMINE. In the midst of a grievous famine in Ireland—the Corporation of the City of New-York are urging the State Legislature to levy a tax upon the unfortunate emigrant who has the means of reaching our shores to obtain bread for himself and children. What inconsistency !!!



NEW-YORK, MARCH 15, 1847.

[Vol. I.....No. 48.


AMENDMENTS. The Bill for authorising à re-submission of the Amendments of the City Charter framed by the City Convention and subsequently rejected by the people, again to the same people, has been passed by the Senate and sent to the house of Assembly for concurrence, there it was referred to the standing committee on cities and villages to which also was referred the remonstrances set forth on page 687 of this series. The Committee reported the bill with numerous amendments, and it was subsequently recommitted to the same Comınittee on the application of several of the original petitioners who became satisfied by a re-examination of the new charter that it is highly objectionable. The Committee inade the amendments as below and again reported the bill. These are the amendments referred to in Gen. Tallmadge's letters. See ante. Pg. 695.


No. 132.

February 19, 1837.

(G. O. No. 148.) [Engrossed bill from the Senate-read twice, and re

ferred to the committee on the incorporation of cities and villages ; reported on favorably by Mr. BlongETT, from said committee, with amendments; which, with the bill, were ordered printed, and the bill committed to the committee on the whole : recommitted to the committee on the incorporation of cities and villages; reported on by MR. BLODGETT, from said committee, with amendments, and again committed to the committee of the whole.

AN ACT To amend the amendments to the charter of the city

of New-York, adopted by the recent convention of that city; and to submit the same to the electors

thereof, for their approval or disapproval. The People of the Siale of New York, represented in

Senate and Assembly, do enact as follows :

(Here follows Sec. 1, 2, 3 and 4, of Senate Bill, which are set forth in full on pages 687 and 688. See ante. page 637.)

(Offered by Mr. BLODGETT.)

AMENDMENTS To the engrossed bill from the Senato, entitled “' An

act to amend the amendments to the charter of the city of New York, adopted by the recent convention of that city, and to submit the same to the electors thereof, for their approval or disapproval."

Legislative Amendments. In section first, article first, after the word “it," on the fourth page and first line, insert " as the same are now held and enjoyed."

First Amendment. Sec. 1st, Art. 1. Strike out the following words on the two last lines of the section :

“And for the laying, assessing and collecting, all taxes necessary for the payment of the expenses of the city government."

Second Amendment. Bec. 28, Art. 1. Strike out the following words in this section :

The common council may provide by law for the division of the city into common council election districts ; each district containing as near as may be, an equal number of inhabitants, which said law after being so passed shall be submitted to the electors, and if approved by a majority of the voters, the same shall become a law; each district shall thenceforth be entitled to elect one alderman and one assistant alderman, and such other charter officers as may hereafter be provided for by law.

Third Amendment. Sec. 6th, Art. 1. Strike out the word "one," on the ninth line, and insert the word “two."

Fourth Amendment. Sec. 7th, Art. 1. Strike out on the fourth line, the words “tax or."

Fifth Amendment. Sec. 9th, Art. 1. The section shall read as follows:

* Annual appropriations shall be made by the common council by law, for every branch and object of city expenditure; but no additional appropriations shall be made, except in the event of pestilence or invasion; when, for such purpose, occasional appropri. ations may be made : and no money shall be drawn from the treasury, except the same shall have been previously appropriated to the purpose for which it was drawn, nor unless the appropriation shall be based upon specific and detailed statements, furnished in writing by the several heads of departments : Every warrant drawn upon the city treasury, shall specify the appropriation under which it is drawn, and the date of the ordinance inaking the same."

Sixth Amendment. Sec. 10th, Art. 1. The section shall read as follows:

No money shall be borrowed on the credit of the corporation, unless the common council shall by law, direct the same, in anticipatiou of the revenues of the year, in which the same shall be borrowed ; and shall provide in the same law, for repaying the same out of such revenue; such loan shall not exceed in amount, twenty-five per cent. of such revenue; but money may be raised by loan, whenever a law providing for the same, shall be passed in each board, by a majority of all the members elected, and shall be approved by the electors, at any charter election.

Seventh Amendment. Sec. 11th, Art. 1. This section shall read as follows:

The common council shall have power, and it shall be their duty to pass all proper and necessary, laws for regulating the arriving, landing, bonding and commutation of passengers, for regulating emigrant boarding houses, passengers, agents, runners, and all other persons engaged in the business of bringing or keeping, or forwarding emigrants; for regulating common schools, and providing for their support ; and all such other laws for the management, good government, and general welfare of the city, as are not, or may not be prohibited by, or inconsistent with, the Constitution of the United States, or the Constitution of this state, or any law thereof; and to affix penalties to the violation of any city law; but such penalties shall in no instance exceed imprisonment in the city prison for sixty days, and a fine of two hundred and fifty dollars."

Eighth Amendment.
Sec. 18th; Art. Strike out the whole section.

Ninth Amendment. Sec. 23, Art. 1. Add to the last line of the section, as follows:

Provided, The Legislature shall coucur in the same, by an act to be passed for that purpose, at the next session thereafter."


Tenth Amendment. Sec. 8th, Art. 3. Add to this section the following words: “And that such reports be published."

Eleventh Amendment. Sec. 9th, Art. 2. This section shall read as follows, commencing at the tenth line, after the word “ assessments,

“ There shall be a bureau in this department, the chief officer of which shall be the city surveyor, and in which there shall be an assistant city surveyor: It shall be the duty of the said officers to make for the use of the city, all maps and surveys necessary for assessments of every description, and to file away and preserve for the use of the city, all maps and other property belonging to said department; and the city surveyor and assistant city surveyor, together with the street cominissioner, or assistant street commissioner, shall be the commissioners for making all estimates and assessments for opening, widening, grading and altering all avenues and streets ; and if such avenue or street shall be north of Thirteenth street, the assessment shall be confined to the street or avenue to be openedl, widened, graded or altered; but no such assessment shall exceed fifty per cent. of the value of the property assessed for such improvement; and they shall perform such other duties as shall devolve upon them by virtue of said office, or be required by the common council: There shall be a bureau in this de. partment, the chief officer of which shall be called the superintendent of cleaning streets and sewers.”

Twelfth Amendment. Sec. 11th, Art. 2. After the word “surveyor," in twelfth line, insert, " Who shall be a practical civil engineer.”

Thirteenth Amendment, Sec. 12th, Art. 2. Strike out on the ninth and tenth lines, the following words: * And council and attorney to the almis-house depart



Fourteenth Amendment. Sec. 15th. Art. 2. Strike out the first, secoud, third and fourth lines, these words:

** It shall be lawful for the common council of said city to establish such other departments and bureaus, as they may deem the public interest to require, and to assign to them and those now created, such duties as they may direct: But.”

Fifteenth Amendment. Sec. 16th, Art. 2. Strike out on the twentieth and twenty-first lines, the words. “ Three-fourths,” and insert "two-thirds."

Sixteenth Amendment. Sec. 19th, Art. 2d. This section shall read as follows:

• All valuation of real and personal estate, by the assessors of a ward, or by the board of assessore, and all assessments and awards shall be open to public in. spection, at least twenty days, by public notice thereof, before being certified to the proper department: And the assessments made by the assessors, for the city taxes. shall be made between the first day of January and the first day of May, in each year."

Seventeenth Amendment. Sec. 20th, Art. 2. Strike out the word "seven," on the last line, and insert the word "ten."

Eighteenth Amendment. Bec. 26th, Art. 2. Strike out the word "taken," on the first line, and insert the word "required."

cut off, for I could see part of the first line of another section. It was presented simply as a memorial and the appendage of a bill was not mentioned.]

The above Bill is wrong in principle and defective in all its details.

The application of the corporation of the city of New York to the Legislature of the State to pass an act in relation to Buffalo, Rochester and other cities is without precedent.

The tax laws of the State are very defective, but the commission provided for in the State Constitution to codify the laws will have the subject before them for deliberate consideration-the corporation of the city of New York were not & commission to codify,

The Bill will be injurious to the city of N. York if it be. comes a law and besides it is so loose and inadequate that it will be a complete entanglement of the tax laws.

It seeks to tax country produce in the hands of the Commission Merchant, and funds sent here from abroad to buy grain.


Nineteenth Amendment.
Sec. 4th, Art. 3. Strike out the whole section.

Strike out section five, of article three, and insert, “ No justice of the marine court, or assistant justice or clerk of said court, nor the clerk or partner of any such justice, assistant justice or clerk, shall be permitted to practice in the court of which he shall be such justice, assistant justice or clerk ; and the violation of this provision shall incur a forfeiture of such office."

Twentieth Amendment. Sec. 8th, Art. 3. This section shall read as follows:

“The several special justices for the peace, and the justices of the marine court, and their clerks now in office, shall continue in office until the expiration of their present term of office, and until their successors in office shall be elected and qualified.

Sec. 10th, Art. 3. Strike out on the tenth and eleventh lines, the following words: " In addition to the salary herein provided."

Twenty-Second Amendment. Sec. 11th, Art. 3. Strike out the whole section; and in the second section of the act hereby amended, strike out the following: “a special election to be held therein, on the second Tuesday of February next," and insert the following:

“ The charter election in said city, on the second Tuesday of April next.”

Also, strike out the word ". special," where it occurs the second time in said section, and insert the word "charter."






Saturday Feb. 20, 1847. Copy of a Bill introduced as a memorial from the

Mayor, Aldermen and Commonalty of the City of New-York, by Wilson SMALL, and referred to the Committee on the Judiciary.

MEMORIAL Of the Mayor, Aldermen and Commonalty of the City of New York for a law taxing personal property in this State and copy of bill submitted by them. [Seal] DAVID S. JACKSON,

Acting Mayor. An Act relative to the Assessment and Taxation of

of personal property. Be it enacted, &c. &c.

Section 1. Every person or firm having a known abode or place of business within any of the counties of this state, and who shall reside, or the members of which firm or any of them shall reside in any other county of this state, or elsewhere, shall be assessed and taxed in the town or ward within which such place of abode or place of business is situated for his or her personal property contained in such town or ward or for the capital invested in their business in the same manner as residents of such county are taxed and assessed for the personal estate belonging to them.

§ 2. Every person who shall be assessed and taxed either individually or as one of a firm under the first section of this act, shall nevertheless if a resident within this State be liable to taxation in the county in which he or she may actually reside : and the assessors of the town or ward in which such persons shall actually reside shall assess such person for his or her personal property contained in such town or ward in the same manner as other actual residents therein are taxed or assessed.

03. All persons and firms having a known place of business within any county of this State and acting as agent or agents for any person or persons residing out of this State or for any corporation created by any law of any foreign state or country and who shall possess any personal property belonging to such non-resident persons or foreign corporations shall be taxed and assessed in the town or ward within which their place of business is situated for the personal property 80 possessed by them within such town or ward in the same manner as if such personal property actually belonged to such agent or agents.

REMARK. [There was more added, as I conclude, and then

Mr. Hadley, Chairman of the Committee on Banks and Insurance Companies has reported a very important Bill for Safety Fund Banks. This Bill is much approved—it is a very well drawu bill and does much credit to the Hon. Chairman.

No. 82.

February 10, 1847.

(G. O. No. 98.) [Reported by Mr. Hadley, from the committee on

banks and insurance companies—read twice, and committed to the committee of the whole.]

AN ACT In relation to the Banks under the Safety Fund.

The People of the State of New York, represented in Senate and Assembly, do enact as follows :

Section 1. Any number of persons, not less than thirteen in number, may associate and form an incorporated safety fund bank, in the manner herein prescribed.

Ø 2. Such persons shall file in the office of the Secretary of State, a declaration signed by all the corporators,expressing their intention to form a safety fund bank; which declaration shall also comprise a copy of the charter proposed to be adopted by them; and shall publish a notice of such their intention, for at least three months, in a public newspaper, in the county in which such bank is proposed to be located.

3. Every charter so adopted, shall be a copy“verbatim," of the charter heretofore granted by the Legislature, to some one of the existing safety fund banks, with only such alteration of names, dates, and amounts, as circumstances shall render necessary.

Ø 4, The charter thus filed by the corporators, shall be examined by the Secretary of State; and be certified by him to be a true copy of the charter heretofore granted by the Legislature, to some one of the safety fund banks, (specifying the name of the bank whose charter is thus copied,) excepting the alteration of names, dates and amounts, as specified in section three.

Ø 5. A copy of each charter, so certified by the Secretary of State, shall be filed by the corporators, in the clerk's office of the county in which the bank is to be located; which certificate, or copies of the same, duly certified by the Secretary of State, or the county clerk, may be used as evidence, for or against any such corporation.

0 6. No new safety fund bank shall be formed in the city and county of New-York, with a smaller capital than one million of dollars; nor in the county of Kings, or Albany, with a smaller capital than fivo hundred thousand dollars ; nor in the counties of Rensselaer, Oneida, Oswego, Monroe or Erie, with a sinall. er capital than three hundred thousand dollars ; nor in any other county in this State, with a smaller capital than one hundred thousand dollars.

Ø 7. Before commencing business, each new safety fund bank shall be examined by the Comptroller, or by three persons not interested therein, specially appointed for that purpose by the Comptroller; who

shall certify under oath, that the whole capital of the bank has been paid in, and is possessed by it in money. Copies of suci certificates shall be filed in the office of the Secretary of State, and in the office of the clerk of the county in which the bank is to be located.

Ø 8. The circulating notes of all safety fund banks, shall be registered and countersigned in the office of the Comptroller, and the bank-note plates of each bank, shall remain in his custody.

Ø 9. The proportion of issues to capital, which shall be allowed to safety fund banks, shall be that which is prescribed in the act of May 16th, 1837, for the safety fund banks then existing.

Ø 10. All existing, or newly formed safety fund banks, shall contribute annually to the safety fund, and pay into the treasury for that purpose, on the first day of January in each year, one half of one per cent. upon their capitals respectively, until the aggregato of the safety fund shall amount to the sum of one million of . The aggregate of each bank proportion .

Ø 11. When the aggregate of the safety fund shall be one million of dollars, the contributions of such of the banks as shall have contributed to that sum in proportion to their respective capitals shall cease, unless and until the fund shall become impaired by losses. Whenever this shall occur, the contributions shall be resumed, and shall continue until the capital of the fund shall be restored to one million of dollars. And such banks as shall not have contributed to the said fund, in the aggregate, in proportion to their capitals, shall continue to contribute to the fund, although it may amount to one million of dollars or more, until the aggregate of their contributions shall bear proportion to their capitals.

g 12. The safety fund shall be invested by the Comptroller in the stock or public debt of the stato of New-York, bearing interest at the rate of five per cent. or over, and whenever any loan shall be made by the State, the Comptroller shall have a right to subscribe at par, for so much thereof as shall be ne. cessary to take up that part of the safety fund on hand in the treasury uninvested ; and such subscriptions shall have the preference over all others offered for such loan.

0 13. So long as the safety fund shall remain unimpaired by losses, the interest or income received upon it, shall be paid over, semi-annually by the Comptroller to the several banks which have contributed to it, in proportion to their respective contributions.

0 14. No safety fund bank, hereafter to be formed, shall adopt the name of any other existing bank in this State, or one so nearly similar thereto, as to lead to misconception or confusion on the part of the public, of which the Secretary of State shall be the judge.

15. The capital of any safety fund bank shall not be reduced by its stockholders during the time for which it shall have been incorporated.

Ø 16. Any existing safety fund bank, or any incorporated bank in this State, may at any time, extend its original charter for the space of twenty years from the time when it shall expire, by filing in the office of the Secretary of State a declaration under its corporate seal, signed by its president and directors, of its desire to do so, together with a copy of its charter ; and by obtaining from the Comptroller his certificate that its capital is unimpaired ; which fact shall be ascertained by the Comptroller upon application to him made, by such bank, either by a per. sonal examination to be made by him, or by an examination by three persons not interested in sach bank, to be specially appointed by the Comptroller, for that purpose, and to be certified by them under oath, and by obtaining from the Comptroller, his certificate that all dues from the bank to the safety fund, have been fully paid ; copies of which certificates, together with a copy of the charter shall be filed in the office of the clerk of the county in which the bank is situated. Any existing safety fund bank or incorporated bank whose capital stock has been reduced pursuant to the provisions of the 34th section of the act, entitled “ An act to create a fund for the benefit of the creditors of certain monied corporations and for other purposes," passed 2nd April, 1829, may, upon renewing its charter under this act, increase its capital stock to such amount as the directors shall determine. not exceeding the amount which it was authorized to have before such reduction was made ; and such increase may be made by applying the surplus funds

belonging to such bark rateably, to increase the Bhares thereof, so much as will be sufficient to restore the capital stock to the amount which such bank was entitled to hold, before such reduction was made ; and if such surplus shall not be sufficient for that pur. pose, further calls may be made on such shares as were not, at the time such reduction was made, filled to the amount allowed by law.

17. All charters forined or extended under this act, shall be of twenty years duration each.

Ø 18. All safety fuud banks shall be subject to the existing provision of the “ Act to create a fund for the benefit of the creditors of certain monied corporations, and for other purposes," passed April 2d, 1829 : and also to the provisions of such other general laws, regulating banking within this Slate, as have been since enacted, and are now in force ; and also to the provisions of article 8th, of the amended constitution of the State of New York.

$ 19. It shall be the duty of the president or cashier of each incorporated bank, and of each banking association within the State of New-York, to prepare under oath, and deposit in the office of the clerk of the county in which said bank or banking association shall be located, on the first days of January and July in each year, a full and complete list of the stock. holders in such bank or banking association ; specifying the places of residence of the said stockholders respectively, together with the number of shares owned or held by thein, and the aggregate amount of the same respectively.

♡ 20. The safety fund of one million of dollars, together with the continued liability of the safety fund banks to keep it good by annual contributions, as prescribed by the “ Act to create a fund for the benefit of the creditors ofcertain monied corporations, and for other purposes," passed April 2d, 1829, and also by this act, and together with the personal liability of the stockholders as prescribed by the 8th article of the amended constitution of this State, are hereby declared to be the sample security for the redemption of the notes,” &c., contemplated by the 6th section of the said 8th article of the amended constitution.

$ 21. No safety fund bank, institution or association, shall be allowed to be established, or continued, or to come in under the provisions of this act, which shall have been established for the mere purpose of circulation, and which shall not have a regular office and do a legitimate business, by discounting paper, and performing the proper functions of a bank, at the place of its location, for the accommodation and use of the citizens of said place and immediate vicinity, and this section shall also apply to any bank, or association heretofore formed, or hereafter to be formed under the " Act to authorise the business of banking,” passed April 18, 1838, or any of the acts amendatory thereof.

0 22. This act shall take effect immediately.

buted it to the absence of objects of comparison. It composed of the soft and yielding tuff, is easily ex-
appears to me that it is fully as much owing to the plained.
transparency of the air confounding objects at differ-

Considering that these islands are placed directly ent distances, and likewise partly to the novelty of under the equator, the climate is far from being an unusual degree of fatigue arising from a little

excessively hot. This seems chiefly caused by the exertion, habit being thus opposed to the evidence of

singularly low temperature of the surrounding water, the senses. I am sure that this extreme clearness

brought here by the great Southern Polar current. of the air gives a peculiar character to the landscape,

Excepting during one short season very little rain all objects appearing to be brought nearly into one

falls, and even then, it is irregular ; but the clouds plane, as in a drawing or panorama. The transpa.

generally hang low. Hence, whilst the lower parts rency is, I presume, owing to the equable and high of the islands are very sterile, the upper parts, at a state of atmospheric dryness. This dryness was height of a thousand feet and upwards, possess a damp shown by the manner in which wood work shrank

climate and a tolerably luxuriant vegetation. This (as I soon found by the trouble my Geological ham

is especially the case on the wind ward sides of the mer gave me); by articles of food, such as bread and

islands, which first receive and condence the moistsugar, becoming extremely hard ; and by the pre

ure from the atmosphere.
servation of the skin and parts of the flesh of the
beasts which had perished on the road. To the

In the morning (17th) we landed on Chatham Island, same cause we must attribute the singular facility

which, like the others, rises with a tame and rounded with which electricity is excited. My Hannel waist

out line, broken here and there by scattered hillocks, coat, when rubbed in the dark, appeared as if it had

the remains of former craters. Nothing could be less been washed with phosphorus ; every hair on a dogs

inviting than the first appearance. A broken field of back crackled; even the linen sheets, and leathern

black basaltic lava, thrown into the most rugged waves, straps of the saddlo, when handled, omitted sparks.

and crossed by great fissures, is everywhere covered March 23rd. -The descent on the eastern side of

by stunted sunburned brushwood, which shows little the Cordillera is much shorter or steeper than on the

signs of life. The dry and parched surface, being Pacific side ; in other words, the mountains rise more

heated by the noon-day sun, gave to the air a close abruptly from the plains than from the alpine country

and sultry feeling, like that from a stove : we fancied of Chile.

even that the bushes smelt unpleasantly. Although

I diligently tried to collect as many plants as possible, A level and brilliantly white sea of clouds was

I succeeded in getting very few; and such wretched stretched out beneath our feet, shutting out the view

looking little weeds would have better become an of the equally level Pampas. We soon entered the

arctic than an equatorial Flora. The brushwood ap. band of clouds, and did not again emergefrom it that day,

pears, from a short distance, as leafless as our trees About noon, finding pasture for the animals, and

during winter; and it was some time before I dis. bushes for firewood at Los Arenales, we stopped for covered that not only almost every plant was now in full the night. This was near the uppermost limit of

leaf, but that the greater number were in flower. The bushes, and the elevation, I suppose, was between

commonest brush is one of the Euphorbiaceae : an seven and eight thousand feet.

acacia, and a great odd looking cactus are the only I was much struck with the marked difference trees which afford any shade. After the season of between the vegetation of these eastern valleys and heavy rains the islands are said to appear for a short those on the Chilian side ; yet the climate, as well time partially green. The volcanic island of Fernando as the kind of soil, is nearly the same, and the Noronha, placed in many respects under nearly similar difference of longitude very trifling. The same remark conditions is the only other country where I have holds good with the quadrupeds, and, in a lesser seen a vegetation at all like this of the Galapagos degree, with the birds and insects. I


the mice, of which I obtained thirteen species on the
shores of the Atlantic, and five on the Pacific, and not The Beagle sailed round Chatham Island, and
one of them is identical. We must except all those

anchored in several bays. One night I slept on shore species which habitually or occasionally frequent ele

on a part of the island where black truncated cones vated mountains, and certain birds which range as

were extraordinarily numerous : from one small emifar south as the strait of Magellan. This fact is in nence I counted sixty of them, all surrounded by perfect accordance with the Geological history of the

craters more or less perfect. The greater pumber conAndes ; for these mountains have existed as a great

sisted merely of a ring of red scoriae or slags, cemenbarrier since the present races of animals have ap

ted together, and their height above the plain of lava peared, and therefore unless we suppose the same

was not more than from fifty to a hundred feet: none species to have been created in two different places,

had been very lately active. The entire surface of this we ought not to expect any closer similarity between

part of the island seems to have been permeated, the organic beings on the opposite sides of the Andes

like a sieve, by the subterranean vapours : here and than on the opposite shores of the ocean. In both

there the lava, whilst soft, has been blown into great cases, we must leave out of the question those kinds

bubbles, and on the other parts, the tops of the caverns which have been able to cross the barrier, whether

similarly formed have fallen in, leaving circular pits of solid rock or salt water.

with steep sides. From the regular form of the many

craters, they gave to the country an artificial appear. GALAPAGOS ARCHIPELAGO.


which vividly reminded me of those parts of September 15th.--This archipelago consists of ten Staffordshire where the great iron foundries are most principal islands,of which five exceed the others in size. They are situated under the equator, and between

STERILITY AND SALT. five and six hundred miles westward of the coast of America. They are all formed of volcanic rocks; a Further inland, during the whole ride of fourteen few fragments of granite, curiously glazed and altered leagues, I saw only one other vegetable production, by the heat, can hardly be considered as an excep- and that was a most minute yellow lichen, growing tion. Some of the craters surmounting the larger on the bones of the dead mules. This was the first islands are of immense size, and they rise to a height true desert which I had seen : the effect, on me was of between three and four thousand feet. Their not impressive; but I believe this was owing to my flanks are studded by innumerable smaller orifices. I having become gradually accustomed to such scenes, scarcely hesitate to affirm that there must be in the as I rode north ward from Valparaiso, through Cowhole archipelago at least two thousand craters, quimbo to Copiapo. The appearance of the country These consist either of Lava and Scoriae, or of finely was remarkable, from being covered by a thick crust stratified, sandstone-like tuff. Most of the latter are of common salt, and of a stratified saliferous allubeautifully symmetrical, they owe their origin to vium, which seems to have been deposited as the eruptions of volcanic mud without any lava : it is a land slowly rose above the level of the sea. The remarkable circumstance that every one of the twenty salt is white, very hard, and compact : it occurs in eight tuff craters which were examined had their water-worn nodules projecting from the agglutinated southern sides either much lower than the other sides, sand, and is associated with much gypsum. The appear. or quite broken down and removed. As all these ance of this superficial mass very closely resembled craters apparently have been formed when standing that of a country after snow, before the last dirty in the sea, and as the waves from the trade-wind and patches are thawed. The existence of this crust of the swell from the open Pacific here unite their à saluable substance over the whole face of the forces on the southern coasts of all the islands, this country shows how extraordinarily dry the climate singular uniformity in the broken state of the craters, must have been for a long period.


(Continued from page 674.)



When nearly on the crest of the Portillo, we were enveloped in a falling cloud of minute frozen spicula. This was very unfortunate, as it continued the whole day, and quite intercepted our view. The pass takes its name of Portillo from a narrow cleft or doorway on the highest ridge, throngh which the road passes. From this point, on a clear day, those vast plains, which uninterruptedly extend to the Atlantic Ocean, can be seen. We descended to the upper limit of vegetation, and found good quarters for the night under the shelter of some large fragments of rock. We met here some passengers, who made anxious inquiries about the state of the road. Shortly after it was dark the clouds suddenly cleared away, and the effect was quite magical. The great mountains, bright with the full moon, seemed impending over us on all sides, as over a deep crevice : oue morning, very early, I witnessed the same striking effect. As soon as the clouds were dispersed it froze severely ; but as there was no wind we slept very comfortably.

The increased brilliancy of the moon and stars at this elevation, owing to the perfect transparency of the atmosphere, was very remarkable. Travellers having observed the difficulty of judging heights and distances amidst lofty mountains, have generally attri

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