\
it is well known that it requires time as wt.-ll_as
magnaniinity to overcome P"eJ“d‘°“ ‘md h95."h_:
ties engendered’ and exasperated by coinpetjtioii.
for the emolumems 9f 1.,-adg, and ahtipath es iij
the fundamental principles of government._
took the liberty on a former and similar OCC8SlOII)
to solicit the attention of the legislature to a re-
vision and consolidationof our militia law: and 1
now consider it my duty to reiterate this i'6‘l“°5‘-'
A’ statute was passed ‘On the 2.13‘ °_f_ -f‘-Pfll i818!
entitled ‘ an act to organize the militia of New-
York,’ and embodying all the provisions on this
subject into one act. But by two subsequent
statutes, passed on the 30th of.April I819, and the
31st of March 1821, our nzllltvfy code has be’
come so obscui'ed that it_is Q“e5“°“ab,l° w,hethe_r
parades and courts martial are authorized in cei-
taiu situations. Respectable members of the ile-
gal profession have taken _different_views of t :13
subject, and appeals are now pending before tie
commander in chief. Some definite and uniform
rule with respect to the employment oflcounsel
before court: martial would prevent C-0nSl<le|'alJl‘=
embarrassment; many other provisions m‘¢‘Y_be
benficially adopted, and one statute, embracing
our whole military code, well digested, metliod-
ically arranged, and clearly expressed’, would re-
'move much perplexity and add grca‘tl_y_to the use-
fulness and respectability ofthe militia. .
In order to render the militia effective in ca-
,.s'es ofemergency, it is expedient to provide them
with the munitions of war. There is not a suf’fi-
cient number ofartillery pieces for the accommo-
dation of A the different artillery companies; find
frequent requisitions are made.on the‘commissa-
ry general for that purpose which he isunablc to
answer. Provisions for equipping thc 0|'<lHanC=
on hand, and theicompletion of an arrangement
‘with the national government for’ a partial sup-
ly, may in some measure mitigate the present
inconvenience. At all events, it is adviseable to
‘render the 0lI'lCCl'S of the artillery liable for the
safe-keeping of the pieces intrusted to their care.
Our arsenals do not contain more than 30,000
stand of arms for the supply of 120,000 infantry.
Pistols and swords are wanted ‘for our cavalryrand
cannon for our artillery ; and at the present time
all the implements ofwar can be procured on the
most economical terms.
I avail myself of this occasion to recommend
to your favorable notice a memorial from the mu-
. nicipal authorities oftlie city of V‘Vashington, re-
specting their public improvements; and I am
' conficnt that you will always evince a disposition
to promote the prosperity of a city founded by
the illustrious father ofour country,-and establish-
ed as the permanent seat of the national gov-
ernment. -
By the 27th article of the treaty of amity, com-
merce and navigation between the United States
and Great Britain, made. in I814, it was agreed
‘to deliver up to justice on mutual requisitions,
all persons who being charged with murder or
forgery committed within the jurisdictirin of eith-
er, shall seek an assylum within any of the coun-
tries of the other, provided that this shall only be
done on such evidence of criminality as,_ accord-
ing to the laws of the place where the fugitive or
person so charged, shall be found, would justify ,
his apprehension and commitment for trial, if
the offence had there been committed.’ But this
treaty being no longer in force, and no conven-
tional provision having been subsequentlyiiiade
on the subject, it has been questioned whether the
national or state authorities are aiilhorized by the
laws of the land, or obligated by the law of na-
tions, to siirrender, in any case, fugitives from
justice from foreign countries. A case has re-
cently occurred, which induces me to solicit your
attention to this subject.
A certain Jacob Smith, alias Jacob S. Redding-
ton, perpetrated, some time last year, in the city
of New-York, the crime of forgery, by altering
a set of bills of exchange drawn by the bank of
Montreal on a commercial house in London, and
after having sold the bills in New-York, he took
refuge in Canada. Considering the aggravated
nature of this offence, and the peculiar circum-
stances under which it was committed. Ithought
it expedient to apply to the Earl of Dalhousie, 1
governor of Canada, for his official interposition,
and after consulting the legal authorities of the
province, he ordered the offender to be delivered
upto an agent appointed by me for the purpose
of receiving andconveying him to the city of
New-York for trial. As policy cnjoins, so comi-
ty requires, a reciprocation of the same friendly
and liberal oflices whenever it shall become ne-
cessary. The papers in this case will be laid be-
fore ‘you; and adequate general provisions on
the subject will have a salutary tendency in pre-
venting Sc punishing crimes and in expelling from
our territory malefactors who resort to it from
other countries, in expectation of impunity.
On the 23d of February, 18l8_, I submitted to
the legislature a communication from the state of
New-Jersey, relative to the settlement of the con-
troverted eastern boundary line of that state. It
proposed the appointment of com missioners, with
authority to make a case containing all the facts’
relative to our respective claims of jurisdiction
wherever they may interfere, to the end that the
same might be submitted to the consideration and
final decision ofthe supreme court of the United
States. Although this overture was dictated by a
spirit of amity, and was entitled to and" received,
the most respectful attention, yet it was not
deemed expedient by the legislature to accede to
it. In the mean time, the _non-adjustment oftlic
difference has been productive of feelings of irri-
tation, which ought not to be entertained by sis-
ter and neighbouring states, and measures have
been pursued in relation to our exclusive grant of
steam boat navigation, which are complained of
asbearing hard on the rights and interests of
some of our citizens. Let me call your attention
once more to this subject, and express a hope
that speedy and.ef'fectual measures may be adop-
t-ed for a final adjustment, which, I trust, may
be accomplished without coiiipromitting the hon-
our, or sacrificing the interests of either of the
states.
The final settlement of the claims of this state
against the U. States, has been procrastinated by
the intrinsic embarrassments of the case,by* the
difficulties connected with the obtainment of
votichers, and by unavoidable delays attending
an adjiisiment with 'the accounting officers, of
claims so V""iOl’.S, complex and extended; and I
find, that 5. other states, having similar de-
itary confinement.
ceti. "I-have however, instructed the agent of th_e
state ‘to complete this business immediately, and,
in a short time, I hope to communicate to ‘you a
detailed and satisfactory réport on the. subject.
It is perhaps not an extravagant estimate to say
that the state has surrendered the benefit of prop-
erty escheated by alienage to the amount of three
millions of dollars ; and it is‘ certainly proper to
mention, that thismunificent "spirit has not been
i,-eciprocated by foreign nations. I submit this to
you without any other remark than merely to sug-
gest the propriety of protecting the bona fide pur-
chases of our own citizens when we make such
liberal provision for the benefit of aliens.-
Grand Island, a very valuable tract of land in
the Niagara river, has been appropriated for the
benefit of the canal fund. By virtue of a statute
passed for that purpose, I caused the expulsion
from that Island of a considerable body of intru-
ders, and since that event a number have renew-
ed the aggression, to the great injury oftlie state,
and in defiance of its authority. As it is ques--
tionable whether the power granted to the exec-
utive by the act is not spent, it may be advisable
for you to take this subject into consideration.
The statute passed at the last session, proscri-
hing the use of oaths in certain cases, as unneces-
sary, and unfavorable to the morals and good or-
der. of society, it has been very satisfactory to
those meritorious citizens who believe that oaths
are repugnant to the injunctionsof our holy reli-
gion : and as there appears to be a general opinion
in favor ofthe expediency of the measure, it is to
be hoped that on all future occasions we will not
lose sightiof a principle recommended to our
countenance by such impressive considerations.
_ VVhile it is highly proper that adequate mea-
sures should be adopted for the destruction ofnox-
ious wild animals, yet it by no means follows that
extravagant rewards should be drawn from the
public treasury, and undue burthens imposed on
landed property for that purpose. Independent-
ly oflocal premiums, there has been paid by the
state for the last six years, (as will appear from
a statement herewith submitted,) 13,985 dollars
for the destruction of wolves in Franklin county,
while, during that period, 5,810 77'-100 only have
been received in taxes from that county, and the
state has paid besides 32,595 25-100 for the ar-
rears of non-resident taxes.
The condition ofthe Indian tribes in this coun-
try demands our sympathy and assistance. Rap-
idly diminishing before the progress of our set-
tlements, and feeling the impossibility of pursu-
ing their favourite employments in the vicinity of
civilization, several of their leading men have
fora long time contemplated a" removal to more
distant and sequestered regions, where their ex-
istence as a people may be prolonged ; and, on
the 18th of August last, a treaty was made at
Green-Bay, in the territory of Michigan, between
certain deputies of the Oneida, Onondaga, Sene-
ca, St. Regis, Stockbridge and Munsce nations,
residing in this state, and the head men and
chiefs of the Menomini and Wenneoago nations
of Indians, for the purchase of an extensive terri-
tory in that quarter. VVhethertbe arrangement
will receive the approbation of the general gov-
ernment, or the ratification of our Indian tribes,
I am not atpresent advised ; but whatever may
be the result, whether they remain or "depart, I
trust that this remnant of our red population will
always experience our liberality and protection.
A copy of this treaty will be communicated for
your information. . V
The state of our criminal jurisprudence is at
all times worthy of our attention. We. are now
trying _wlierher punishments comparatively mild
may not operate eflicaciously on society by pre-
venting crimes, and on criminals by producing
rcforuiatiori. In considering and prosecuting the
latter object, in a spirit of benevolence," and with
commendable attention and anxiety, we have per-
haps not always sufficiently estimated the supe-
rior importance of the former. The end ol‘pun-
isliment is the prevent-ion of crime, by the inflic-
tion of pain and the operation of fear, and if,
in exercising this salutary influence on society,
it can at the same time restore the guilty to vir-
tue, it will be entitled to additional credit. Our
present system may be improved in ii iiioral
classification of offenders, in the introduction of
solitary imprisonment in the establishment ofa
diet adapted to the nature ofilie offence, and the
character of the criminal, and in a division of
prisons, appropriating one for the reception of
minor offenders, and the purposes of productive
labor and personal reformation ; and the other to
severe and inexorable punishment, where society
should not afford its comforts, nor labor its em-
ployments, and where the pardoning power should
never reach.
A proper arrangement of diet is an idea too fa-
iiliar to require illustration ; but it may not
have occurred to you, that a scale of punishments
may be established under the general head of sol-
The most severe infliction
would be entire solitude in darkness, without em-
ployment, in light, and with the same means of
subsistence. Again,-the same with employment ;
then solitary confinement with improved food ;
and finally, solitary seclusion occasionally. The
adoption of this plan might supercede the neces-
sity of protracted confinement. -
It is certainly advisable to direct your view at
our criminal code in general, and to remedy some
of its glaring defects. , In the infliction of punish-
ment ihere is too great a latitude allowed to ju-
di_cial discretion. Some offenders are punisha-
ble with imprisonment in the state prison for life,
or some shorter period, in the discretion oftlie
court, not less than seven years; while others are
liable to be imprisoned for terms not exceeding
fourteen, ten, seven, five, and three years. There
are fifty-two courts of general sessions in the
state, besides courts of special sessions, .wliich
last have cognizance of petty offences ; and
courts of oyer and terniiner are held in each
county. The measure of punishment is too often
regulated by the personal character of the judge,
or by adventitious circumstances not inherent in
the crime; in some cases too mild, in others too
severe; and frequently requiring the correcting
interposition of the executive where it can be
applied. Again, imprisonment for life is enjoin-
ed in all convictions of burglary or feloniously
breaking into or taking any goods or chattels
from any dwelling house, any persons being there-
in, and put in fear ; or of robbing any person in
any place whatever.‘ "It is well known that these
mands, have cuC0lJfllCI'C(l the same lllG0n-V6l1lcIl-
/ A I
offences are in malty instances merely technichal,
atlendcd w_illi ‘ho ag-;ri'avate:l tzirctitfistances-, and
not worse in character or consequences than or-
dinary" grand larcenics. For counterfeiting mo-1
tallit: moile ,,_|)_&9ffetider is doomed to the state
prison for .ife; for counterfeiting paper money,
or in other w_ords, batik notes, he may be senten-
ced fdr a shorter period. Several felonies are
merely constructive, and do not require severe
punishment, and yet no discrimiiiation is made. ' V
The canal commissioners have, in pursuance
of the powers vested in them by law, authorisetl
the employment of some convicts in operations
connected with the western cnniil ; but the ex-
periment has not aIlS\Vt‘l'€(l any useful purpose.
And as this provision is not requirc'd by the pub-
lic exigencies, and may have a tendency to dis-
parageihe exertions of honest and meritorious
industry, I would recommend the repeal of the
statute. '
Having already occupied a considerable por-
tion of your time, Ishall no longer detain you
from yotirimportant functions, but ‘shall reserve
for future communication. And whatever diver-
sity of opinion may exist. I am persuaded that we
will all co-operate with a sincere and entire devo-
tion to our solemn and momentious duties, in
cherishing a spirit of conciliation and forbearance,
and in cultivating that respect which we owe to
eachother and to ourselves.
DE VVITT CLINTON.
Albiiiiy, 2d January, I822. '
—-—-—-1€9€'31""" '
_ CONGRESS."
HOUSE or REPRESEN'l‘A'l‘lV'E5, Jan. 3.
Mr. Cannon reported a bill to provide for the
discipline of the militia of the United States.
[This bill proposes, that all the commissioned
and non-commissioned officers, above the rank of
corporal, in each b"igade in tbe._U. States. shall
each year be assembled together anti cncamped
within the limits of each brigade, for a certain
number of days, under the command of the offi
cers commanding brigades respectively ; to re-
ceive pay, and allowance for travelling, and to be
governed by the rules which are prescnibed lot‘
the government of the Army and Militia of the
United States, and to be subjected to the disci-
pline, &c. prescribed by the same authority,.—.
P1-ivatrs in the militia, are to be exempted from
doing any militia duty, on paying from ten to five
dollars yearly, and every year, to such person as
the state legislatures shall pi'cscribe—the money
thus paid to be applied exclusively to disburse-
ments ‘under this act.}
On motion of Mr. VVhitinan, the committee
on Navalaffaiis were directed to inquire into the
expediency of building an additional number of
vessels of war, not exceeding 1-2 guns each, for
the protection ofour commerce in the \Vest _Iti-
dia seas and Gulf of Mexico, and to prevent pira-
cy and smnggliyg.
nfizixary a/1/iro/iriatz'on.s-.—-Mr. Smith, of Md.
then moved that the House take into considera-
tion the bill for making partial appropriations for
the support of the Military Estalilisliiiieiit for the
)"ear 1822. After some debate the motion was
agi-ectl to, and Mr. Smith handed to the chair two
letters from the secretary of war to the commit-
tee of \Vays and Pvleans. wliicb were read.
[These letters, dated Dec. l7. and 22, state that
the appropriations for the Quarter-master Gene-
ral’s Department, and the Indian Department are
exhausted, and that the appropriations for the pay
and subsistence of officers of the army will be so
at the close ofthe year ; and that apartial appro-
j)rialjli|‘| for l823, Of $l50,()O\’) for flit.‘ Q‘val‘lt¢|'-
mastci-’s Department. $100,000 for the lndiaii
Department, and of S300,000'l‘or the pay pf the
army is necessary. 'l'liere is also a deficit in the
appropriation for revolutionary pensions for 1821
of $451,866. and that sum is necessary to coni-
plete the payments to pensioners for 1821.]
A long and animated debate arose upon the
bill, in whi_r:h the southern members bore pretty
hard uponlhe arlmiiiistration. It was salfia lh‘-il
at this rate, anoilier loan would be called for be-
fore ll'Ic close of the present session. ‘I he prin-
cipal objection was the manner of applying for the
atldioiial appropriation, as if to be expended i_n
1822, when it had actually been expended in anti-
cipation in 1821. The opposition was averse tp
grantin"g any to the Indian Department. Pending
a call for the ayes and noes, on laying the bill on
the table-A motion to adjourn prevailed.‘
./‘an, 4 ...Mr. Balilwin, from the committee ol
manufactures, to whom was referred so much of
the President's Message as relates to manufac-
tures, and the promotion of the national industry,
[t:pOl'lt.'(l, as he stated, by instruction ofa majority
of that committee, the following resolve:
‘ Resolved,,'l‘hat it is inexpedient at this time
to legislate on this subject.’
Jan. ?'.—-Mr. Campbell, from the committee
on the subject, reported the following bill :
Be it enacted, &c. That from and after the 3d
day of March, 1823, the House of Representa-
tives shall be coinposed of memberselected a-
greeably to a ratio of one representative for eve-
ry forty thousand persons in each state, compu-
ted according to the rule prescribed by the Con-
stitution ofthe United States ', that is to say,witli-
in thc state of Maine seven, within the state of
New-I*Iampshire six, within the state of Massa-
chusetts’ 13,, within the slate of llliode Island 2,
within the stateof Connecticut six, within the
“am of Vermont 5, within the state of New York
34, within the state of New-.lersey 6, within the
state of Delaware 1, within the state of Nlaryland
9, within the state ofVii'ginia 22, within the state
of Pennsylvania 26, within the state of'North-
Carolina 13, within the sate of South Carolina 9,
within the state of Georgia 7, Within “*5 51”“: 0f
Louisiaiia 3, within the state of Tennessee 9,
\\l!l'llfl the state of Ker-itucky 12, within the state
of Ohio 14, within the state of‘ liirliana 3, within
the slate of Illinois 1, and within the state of
Missouri 1. The bill was twice read and com-
miitetl.
Mr. Edwards of Con. in compliance ‘with a re-
quest ofihe legisla§jii'c of that state. offered ares-
olutioii for iiiqtiiriiig into the expediency of re-
ducing the pay of members of (‘-ongress to six
dollars a day, and making a reduction in their
compensation for travelling, to what it was pre-
vious to 1809. The question on agreeing to this
resolution was taken without debate. and dtl-Iided
in the negative-—Ay.cs 56 --N065 87-
Proliibitory Duties, i5’,:.-—Mr. Rich,‘ of Vt._ of-
fered‘ for consideration, the following resolution,
wliicli was ordered to lie on the table’.
Resolved, "l‘li'.it the committee of \Vays:‘an(l
l\/leans‘ be instructed to prepare ‘and report a‘ bill,-
provitling loy a modei'ate annual increase of do.‘
ties for a term of years, upon the importation of
common in other countries, and a convenient up-'
plication of the means of the citizens of the Uni:
ted States, he produced in abundance from do-'
l mestic materials, and for a moderate excise up‘-'
on slmilur domestic comm,,dj,i,_-s ; to commence‘
at a convenient period, and be made annually pro-
gressive, till it shall have reached an amount, dee-
med proper for a permanent excise duty. .
Jan. 9.-‘— M r. Plumer offered for considerat ion,,..
a resolve directing the Secretary of War to com-
municate a statement of the expences -to‘ the lu-
dian department during the last year, beyond the
sums appropriated.’ and also to inform the house
what were the circumstances which rendered ne-
cessary such excess of expenditure beyond the
ap[)l'0pl‘lLtIl0n!~:. -
The speaker laid before the house a report on
the resolution passed last session for ascertaining
the longitude of the Capital, and requiring an ap-
propriutioli for carrying it into effect.
Mr. VVoodson submitted a joint resolution,
-which was read and ordered to lie on the table,
pioviding for an amendment to the Constitution
as follows :——‘ No person shall be eligible. to the
office of President of the United States, from and‘
after the .4~lli day of March, 1826, who shall or
may have held, or exercised an other oflict: of
honour, profit or trust, under the government of
the United States or any ofits departments, at a-
jny time within four years next precceding his is’
aection, nor unless he shall have attained to the
ge_offorty-five years.’
’ SENATE, Jan. 7-—Mr. Dickerson communicat-
ed the resolutions of the legislature of New Jer-
sey, requesting Congress to piovide for the deci-
sion of territorial or other controversies between
slates, in such manner _as is authorized bythe
constitution ofthe United Siates.li The document
was ordered, (19 to I2) to he entered on the jour-
nals of the Senate. A
The Senate took up the resolution sul_)[ni[[¢d
by Mr. Knight, for an inquiry inth the propriety
of reducing the compensation of the members of
Congress, and the oflicers of the executive dc-
partments-—.\/l r. R. M. Jolinsori, of K. was oppos.
ed to agitating this unfortunate subject, which
had been so repeatedly brought up ; he had been
as much concerned in former proceeding upon it
as any man, yet he had not been able to com-incc
himself that Ilie present compensation was un-
reasonably high. Mr. Knight was far from wish-
ing to press the consideration of the resolution.
In introducing the motion he had obeyed his con-
victions of public duty ; it appeared to him there
was a waste of public money. and as the guardi-
ans of the public treasure, he thought in incum-
bent on Congress to inquire where this waste was,
and apply the remedy. He would consent, how-
ever, to let the proposition, though one of enqui-
ry merely, lie for some time longer, as it was
desired. A motion by Mr. Otis for an indefinite
postponement of ilieresolution was opposed by
Mr. Lanman, and Mr. Macon ; when the ques-
ble, and agreed to.
.-Mr. Lanman communicated sundry resolutions
of the legislature of Connecticut. declaring it ex-
pedicnt for Congress to retrench the public ex- A
pencences, and particularly so to reduce the per
diem allowance of Members of Congress to the
former sum of six dollars.
--¢§&—
Extract from the Ilfcasnge q/ Gov. Pérria to (lie.
Legislature qf1lIuz'm,-.
‘It gives me anxiety to be obliged to inform-
yoti, that in consequence of a disagreement of"
the American and British Commissioners under ~
the treaty ol'Ghent, in relation to the true boun-
dary betwcen the United States and the British
provinces, the final division of the lands, owned
in common by this and the parent state, will ne-
cessarily be delayed to a period uncei'taiii, tlinugli
it is to be hoped not distant. . In addition to this,
it is unilerstood that the claims of tlie“Britisli
Commissioner cover a tract of coii_ntry, hereto-
fore confescdly belonging this state, and over
which it has exercised jurisdiction. Although
we have no reason to apprehend that there will
be any thing like acquiescence in this claim, but
on the contrary that it will be resisted throughout
as -it has been at the threshold, yet I submit to
the Legislature, whether it may not be well to
request the particularatteniion of our Senators
and Representatives at,Washington toiliis sub-
ject, so fat‘, at least, as to collect the facts, and
transmit a statement for our information. I ‘view
this as the more important, inasmuch as neither
the Commissioner nor agent on the pait of the
United States belongs to this state, and the sub- '
ject in controversy is of consequence to us, both
as respects jurisdiction and property.’
——--1®s:z-9c—-——-
FOREIGN NEWS.
London papers to the 13th Nov. have 'oecn rc~ '
ceived at Charleston. The most prominent arti-
cle of news they afford is the re-iterated report
of ‘war between Russia and 'l‘urkt-_v. ' A Paris at-
ticle of the loth, states, on the authority of-letters
from Marseilles and Strasburg, that the hostili- ,
ties had actually commenced on the Pruth. But
in contradiction to this, the London Courier of
the 13th, asserts that at the last dates from St.
Petersburg, there was not the least apprehension
ofa rupture with the Turks. ,-
At the last dates from Constantinople", it is sta-
ted the Porte had refused to listen to the demands
of Russia. and was making ‘lgOl()llS preparations
for defence. At St._Pctei'sbiurg, Oct. 19th, no
fears “CI6 entertained that peace would be inter-
rupted, though it is asserted, thst no ambassador
had been appointed from that Court, to succeed
Baron Strogonolf.
PARIS, Nov. l0 ---Some letters from Germa-
ny, give hopes that through the inierveiitiun of
the Anibas:-iadors of Austria and E:I_t:l_and, (ht:
Ottoman Porte would consent to give Russia the
satisfaction and guarantees which she reqiiii-es.
Other letters assert that Prince Metterni h bar,
during his stay at Hanover, agreed with t ie Mar-
quis of Longjonderry to make to Russia some
pl'0p0Slll__0ll o a nature notto be refused.
VIENNA, Oct. 27.—-It appears from several ac-
counts receivetl fiom Turkey, that tlie_Di\'aI{
gives little credit to the amicable dispositions of
the Russian Cabinet, and tho‘. it is making extra -
such commodities, as can, ~wi'.h the protection‘ "
tion was taken on laying the resolution. on the ta. .
Norwalk Chronicler