the acts heretofore passed, were, in each instance, of sufficient cogency to arrest the final passage of the proposed measure. Prominent among the objections urged on these several occasions, and in my estimation overruling all others, was the failure on the part of the Legislature to pass the bill in accordance with the requirement of section nine, article one of the Constitution, which declares the assent of two-thirds of the members elected to each branch of the Legislature shall be requisite to every bill appropriating the public moneys or property, for local or private purposes.' Whilst some of the objectionable features contained in the two first bills passed in aid of this corporation, have been obviated in the present bill, I regret that the radical defect to which I have alluded, applies with equal force to the passage of that herewith returned. I can perceive nothing in its provisions which takes it out of the scope of the constitutional requirement to which I have adverted. It is true the bill declares the appropriation to be for 'public purposes,' but a simple declaration to that effect cannot make it so, if the object to which it applies be private or local in its character. Nor does the incidental provision that in cases of invasion or insurrection, soldiers and munitions of war shall be transported over said railroad free of charge, in anywise obviate the constitutional requirement of a vote of two-thirds for a proper passage of a bill of this character. The fact still remains that the money appropriated is in aid of a corporation created with a view to personal profit, whose property and franchises are owned and controlled by individuals, and whose sphere of operations is confined to a comparatively limited locality. The persons incorporated are not public servants; they make their expenditure without accountability to the public; they are not subject to process of impeachment; the profits of the enterprise are subject to division to individual corporators; they prescribe the charges for freight and pas sengers and the company belongs to the class of what is called in the Constitution individual, Association or Corporation.' So, also, if the constitutional inhibition against appropriations for local and private purposes by a vote of less than two-thirds of the number elected to each branch of the Legislature, can be defeated by an assignment of stock, then a mere majority of the Legislature may make the State a partner in the various railroad, bridge and similar corporations, within its limits. While it is contrary to the wise policy of the State to hold or traffic in the stock of corporations, I cannot see that this provision in any manner or degree changes the character of the appropriation from the treasury. It will be observed that the Comptroller may or may not, at his option, demand the stock, while the payment of the sum fixed in the first section is imperative. All things considered, this would seem rather in the nature of palliation for drawing moneys from the treasury, as it cannot seriously be claimed that a nominal amount of the capital stock of this road yet to be constructed and equipped, and its business to a large extent uncertain, is an equivalent for the moneys appropriated, especially as the stocks in the most prosperous of the great lines already completed and in operation, have an average market value much below par. Evasions of the plain requirements of the Constitution, even if successful in attaining a coveted object, are of evil example, and serve to pave the way for grosser departures from sound principles of public policy and constitutional requirements. My convictions in regard to the character of the proposed appropriation and the vote requisite to its constitutional enactment, have been frequently and unreservedly expressed. The provisions of the Constitution may be incompatible with the attainment of the objects deemed desir Const. 1846, art. 7, § 9. able, but the responsibility rests not with the Executive, whose duty it is to conform his action to the provisions of that instrument. In deciding to withhold my signature, I claim only the same right of opinion which is freely conceded to others. Regarding the bill now returned as appropriating the public money for a local and private purpose, without having received the assent of two-thirds of the members elected to each branch of the Legislature, as required by article first, section nine of the Constitution, my signature is withheld therefrom, and it is returned to the Senate for reconsideration." The bill was not passed over the veto. April 19. To the Assembly: Transmitting the report of the Quartermaster-General, and also the report of the trustees of the Sailors' Snug Harbor in the city of New York. April 22. To the Assembly: "ALBANY, April 22, 1862. "I transmit herewith the report of a Commission appointed by me in the latter part of December last, to devise and report a plan for defending and obstructing the Narrows between forts Richmond and Hamilton, for the purpose of preventing the passage of hostile ships of war into the harbor of New York. E. D. MORGAN." [For report see document No. 240.] April 23. The Legislature adjourned without day. 1863. JANUARY 6. LEGISLATURE, EIGHTY-SIXTH SESSION. HORATIO SEYMOUR,a Governor. The Legislature met on the 6th, and the message was sent to the Senate on the 7th. Owing to a contest over the election of a speaker, the Assembly was not organized until the 26th of January. The message was sent to the Assembly on that day. ANNUAL MESSAGE. TO THE LEGISLATURE. We meet under circumstances of unusual solemnity to legislate for the honor, for the interest and for the protection of the people of the State of New York. The oath, which we have taken, to support the Constitution of the United States and the Constitution of the State of New York and to perform our duties with fidelity, has at this time especial significance. It teaches us to look upon each of these constitutions as equally sacred, that each is to be upheld in its respective jurisdictions. At this time, the power of the one is openly defied by armed rebellion, while the other is endangered by the confusion and discord growing out of civil war. This "oath, declaration or test," is not a mere ceremonial; it is a part of the tenure of the offices we hold. Until we have thus solemnly submitted ourselves to the commands of these instruments, giving up our personal views and opinions and pledging ourselves to obey their requirements, we are not permitted to perform one official act. To uphold the General Government, New York has sent since the outbreak of this war two hundred and twenty thousand soldiers into the field. To organize this vast army, my predecessor, and those acting under his direction a For portrait see Vol. IV, p. 640. b Const. 1846, art. 12. [445] in his military staff, have used unwearied labor and shown high capacity. The duties growing out of this service have been greater than those falling upon the officials of other States, and in their performance compare favorably with the conduct of the war on the part of the General Government. While our soldiers are periling their lives to uphold the Constitution and restore the Union, we owe it to them, who have shown an endurance and patriotism unsurpassed in the history of the world, that we emulate their devotion in our field of duty. We are to take care when they come back that their home rights are not impaired, that they shall not find, when they return to the duties of civil life, that the securities of their persons, the sanctity of their homes, or the protection of their property have been lost by us, while they were battling for their national interest in a distant field of duty. I shall deem it my duty to fill all vacancies in official station in the army by promotion for meritorious services or gallant conduct in the field; this is a measure of justice, as it will give to them the rewards where they have been fairly earned, and will stimulate both officers and men, by a laudable ambition, to excel in patriotic services in an honorable pursuit. OUR STATE AFFAIRS. While so many parts of our country are laid waste by war, their towns and cities desolated, their homes destroyed, their citizens slaughtered, and all that makes social happiness crushed out beneath the tread of armies, we have cause for gratitude that in this State the circle of its munificent public charities is in full and beneficent operation; all forms of infirmities, suffering and want have been relieved. Our schools, academies and colleges are in successful operation; institutions designed to rescue the young and helpless from careers of vice, are still engaged in the prevention of misery and crime. Our prisons, under |