March 3. To the Assembly: Transmitting the annual report of the Surgeon General.

March 3. To the Assembly:

Transmitting the annual report of the Commissioners of Public Accounts.

March 8. To the Assembly: Transmitting the annual report of the relief furnished to sick and wounded soldiers of the state of New York, made by the Quartermaster General and Superintendent of Military Agencies for the year 1865. [See note 1.]

March 9. To the Senate:

Veto of a bill entitled “An act to amend an act entitled 'An act relative to contracts by the mayor, aldermen and commonalty of the City of New York,' passed April 17, 1861."

"The object of the bill is the substitution of the mayor for the recorder in a board of revision and correction of assessment lists, created by the act sought to be amended. This board consists of the comptroller, counsel to the corporation and recorder of the city of New York, and is charged with delicate and important duties. The passage of this bill was doubtless stimulated by a desire to furnish a temporary remedy for a vacancy that has recently existed in the office of recorder in the city of New York; but as this emergency has been obviated by the election of such officer on the sixth instant, the reason for a change in the organization of the board is removed. I am further reconciled to withholding my approval, by the fact that the effect of the proposed enactment would be to multiply the duties of the mayor of New York, and to impose upon him additional responsibilities, unexpected as well as unnecessary."

The bill was not passed over the veto.

March 19. To the Assembly:

"EXECUTIVE DEPARTMENT,

ALBANY, March 19, 1866.

"In compliance with the resolution of your body, I herewith transmit such documents as I have been able to obtain, relating to the Antietam National Cemetery.

See Assembly Document No. 169.

R. E. FENTON."

March 28. To the Assembly: Transmitting the annual report of the Sailors' Snug Harbor.

March 29. To the Senate:

Veto of a bill entitled "An act for the relief of the towns of Amsterdam and Florida in the county of Montgomery."

"This bill provides that the Canal Appraisers shall take evidence, hear and determine the claims of the towns mentioned in the title, arising from a loss of or injury to a portion of the bridge over the Mohawk river, in the spring of 1865, and in case they are of the opinion that the State should be liable for such damages, an award shall be made therefor.

I am unable to discover in the body of this bill any reason for conferring jurisdiction upon the Canal Appraisers in a case of this character. Nor can I understand upon what principle of liability the State should assume responsibility for damages to a river bridge that has been partially or wholly swept away by a flood. Whatever there may be to justify such an extraordinary enactment, is not therein disclosed. The damage and loss of property referred to in this instance, was occasioned in all probability, by the flood that proved so disastrous in many parts of the State, in the spring of 1865, and in consequence of which large pecuniary burdens were incurred in various localities, to repair and rebuild what had thus been injured or destroyed. The

recognized rule of liability on the part of the State applies only to that class of damages arising from the prosecution of public works, or from the neglect of the agents of the government, and not to injuries resulting from the action of the elements.

It seems to me clear, that this bill would tend to disturb the settled usage of the State, and to engraft upon the present system relating to claims against the State, a doubtful and dangerous innovation. The most liberal construction in favor of individuals already prevails, and the doctrine of State obligation has been pushed to the utmost limit consistent with the manifest rights of the State.

While it is true that by this bill the question of liability is submitted to the decision of the Appraisers, subject to appeal to the Canal Board, yet experience has demonstrated that a claim having the sanction of a special enactment, thereby acquires an importance and legality which it could not otherwise possess."

The bill was not passed over the veto.

April 6. To the Senate:

Veto of a bill entitled "An act to incorporate the American Exploring and Mining Company."

This bill empowers the company therein named to acquire by purchase, exploration, discovery, lease, location, exchange, barter, gift, grant and devise, mines of ores and minerals and mining property of every nature, and lands and tenements connected therewith, in this State, in all other states and territories in the United States, or in any foreign country, with plenary powers of working or disposing of the same, and any property real or personal pertaining to the business of the company or necessary for the purposes of the transportation of its personal property. It is further provided that it shall continue for fifty years; that its capital stock shall consist of $200,000, with

power to increase the same to an amount not exceeding $1,000,000; but that it may commence business and be deemed fully organized when $20,000 shall have been subscribed and fully paid in.

The wisdom of granting such extensive powers as are here enumerated may well be questioned. Hitherto, in this class of legislation, the rights delegated have been attended with carefully devised limitations and provisions for increasing the security of creditors. I think the authority conferred is unusual and extraordinary; opposed to the spirit of previous legislation, and in violation of sound principle. The exemption of the company from those salutary rules of liability upon its contracts that should govern in the formation of manufacturing or mining associations, is a grave objection. The banking and insurance corporations of this State have obtained a well merited reputation for safety and solvency under the stringent enactments of the Legislature. Their books are open to examination; they are required to furnish reports as to their financial condition at stated periods, and their solvency is still further fortified by the pledge of public stocks and securities. Similar wholesome restraints and precautions are applied to other corporations organizing under our general statutes. In no case are they absolved from a proper system of supervision, and scrutiny into their business affairs, or from a rigid principle of personal liability equal to the amount of capital stock. This proposed company, however, is authorized to commence business upon the payment of but a small proportion of its capital stock; and, invested with the dignity and character conferred by a special act of incorporation, may enter into transactions the scope and responsibility of which are only limited by the degree of confidence it may be able to inspire. Wisdom, as well as experience, point to the impropriety and danger of bestowing upon associations large franchises, and all the privileges of a corporate body, with

the enjoyment of comparative immunity from responsibility in the exercise of their functions.

Finally, it is believed that all the legitimate objects of a mining company can be accomplished under a general law of the State, authorizing the formation of corporations for manufacturing, mining, mechanical or chemical purposes; and I am unwilling to give my assent to special enactments when the declared objects can be attained under its well considered and approved provisions."

The bill was not passed over the veto.

April 10. To the Senate:

"EXECUTIVE DEPARTMENT,

ALBANY, April 10, 1866.

"I herewith transmit a communication from Hon. Gideon Wells, Secretary of Navy, relative to certain property adjoining the navy yard in the city of Brooklyn, with maps and written description therewith, desiring the favorable action of the Legislature of this State, ceding jurisdiction to the United States, for the purpose of a navy yard, over such property, and the riparian rights thereto. I recommend the immediate passage of an act for such

purpose.

April 13. To the Assembly:

R. E. FENTON."

Veto of a bill entitled "An act to authorize the Street Commissioners of the City of New York to make a contract for filling certain sunken lots on the southerly side of Manhattan Street, east and west of Tenth Avenue."

"Under existing laws, full authority is conferred on the common council in the city of New York, to direct by ordinance the filling in of sunken lots, when necessary for the purpose of the public health, or for the general improvement of the locality.