appears by the Comptroller's accounts, the sum of eleven thousand dollars from the duties. When the distribution of the common school fund was altered, and the power of designating the establishments entitled to a share was transferred to the common council of New-York, the Orphan Asylum Society received its proportion, while the Roman Catholic Benevolent Society did not obtain any share. While one received a large amount, the other did not receive any from the common school fund. The Roman Catholic Benevolent Society at length made application to the common council for a share of the fund. After a long and scrutinizing investigation of the subject, the Roman Catholic Benevolent Society was designated as one of the institutions entitled to a portion of the common school fund, and thus placed on an equality with the the Orphan Asylum Society. Although it was contended that a difference existed between the two societies, the most severe comparison proved that they stood on the same basis, had the same object, and were administered on similar principles. In the report made to the common council by the committee to which this matter was referred, and from the pen, it is believed, of a distinguished public officer in the city of New-York, it is stated that the committee could not see why the Orphan Asylum Society should be continued, and the Roman Catholic Benevolent Society excluded from a participation of the benefit of the fund. Within the last year the amount of money to which the Roman Catholic Benevolent Society was entitled has been paid, and the following extract from the report of the commissioners of schools for the city of New-York, shows what their opinion is of the character of the institution, and the propriety of the policy pursued by the common council. After referring to the Orphan Asylum Society at Greenwich, the report proceeds to state that "The Orphan Asylum of the Roman Catholic Benevolent Society has, as the commissioners understand, no means for the support of their school, other than what for the past year was allowed by the ordinance of the corporation for its support, and the charitable donations of the persons interested in its welfare. The scholars are under the tuition and careful supervision of sisters of charity, who have charge of the school, and exhibit proofs of a most zealous care in training them up to usefulness. Children thus situated, necessarily restrained within the precincts of the institution in which their lot has placed them, not able to avail themselves of the schools opened by the Public School Society, are here provided for by persons charitably

assuming the relations towards them, not only of tutors, but of parents also, till they arrive at that age which justifies their protectors in placing them out to trades, or such employments as they manifest an aptitude for; and while the children are within the age entitling them to their quota of the school fund, the commissioners can but applaud the determination of the corporation to place both of these institutions alike under the benefits to be derived from the fund."

This document has been annexed to the annual report of the Superintendent of Common Schools, (Assembly Documents, No. 17,) and at present upon the tables of the members.

In consequence of the burthens imposed by the late epidemic, on both societies, it is believed a small amount has been appropriated to them by the city. As far as the municipal authority is concerned, it will be perceived that both institutions have been placed on the same level, and are considered as equally entitled to protection. The object of the petitioners is to receive from the State the same favor. While other charities in the city have received from the public treasury a share of the funds, the Roman Catholic Benevolent Society has not received any appropriation. Unaided by legislative support, it has struggled with many obstacles, until it has reached its present elevated position among the numerous charitable associations of the city, and become not only a credit to its supporters, but also to our metropolis,

By the act of April 15, 1817, the sum of $23,500 was annually appropriated out of the auction duties to the Hospital, the Economical School, and the Orphan Asylum Society. This amount was excepted from the operation of the provision of the new Constitution. As the committee is informed by the Comptroller, the Economical School received $500 annually, until the year 1824, since which period the amount has not been drawn by any person on account of that institution. On reference to the laws, it appears that the Economical School was founded by an act dated March 16, 1810, incorporating certain persons who had associated for the purpose of establishing a school for the education of children of French emigrants, resident in the city of New-York, in the English language and literature. The sum of $1,000 was directed to be paid out of monies allotted to the support of the poor in said city, and $500 every year thereafter until otherwise directed. The act of 1817 directed the annual appropriation to be paid out

of the auction duties, together with the same amount paid to the Orphan Asylum Society. The presumption is, that as the money has not been drawn since 1824, the institution has been discontinued. Nor does it appear from the books in the office of the Comptroller, that this amount has been appropriated from the auction duties to any other society. Under these circumstances, the committee have concluded that an appropriation of $500 to the present petitioners annually, out of the same fund from which the Orphan Asylum Society now receive its share, will not only be performing an act of charity, but of justice. The committee have made inquiry as to the fate of the Economical School, but have not as yet received any information. Should, however, it appear hereafter that the amount received by that school has been diverted to other purposes, the committee cannot but recommend an apropriation out of the treasury, from funds not otherwise appropriated. Their desire is to place the Orphan Asylum Society and Roman Catholic Benevolent Society on equal footing. The renewal of the charter of the former was until the year 1863, and the former annual appropriation of $500 continued by the re-enactment therein of all laws relating to the society. While, therefore, the State of New-York has been generous to one it becomes her to be just to the other. Orphan Asylums should be cherished in every section of the State. While affording protection and instruction to the destitute, and relieving the public of a large share of expense and responsibility, they exhibit an evidence of the liberality and philanthropy of the community in which they may be situated.

In accordance with the views of the report, the committee have instructed their chairman to ask leave to introduce a bill for the benefit of the petitioners.

IN ASSEMBLY,

March 5, 1833.

REPORT

Of the Attorney-General, on the bill to amend the charter and vest additional powers in the trustees of the village of Cazenovia.

The Attorney-General, to whom was referred by the Assembly, the bill, entitled "An act to amend the charter and to vest additional powers in the trustees of the village of Cazenovia," with instructions to report "whether, in his opinion, the proposed election of a recorder with the powers therein conferred, is a violation of the, constitution concerning the election of justices of the peace," respectfully submits the following

REPORT:

The fourth section of the bill abolishes the office of the clerk of the village of Cazenovia, and authorises the inhabitants of the village to elect a recorder, who shall hold his office four years, and shall perform all the duties now required by law to be performed by the clerk; "and who shall also have and exercise all the powers now vested by law in any justice of the peace in said county of Madison, and when associated with any two justices of the peace of said county, may form a court of special sessions of the peace, with the same authority now vested by law in courts of special sessions of the peace in this State."

The village of Cazenovia, though incorporated by law, still remains a part of the town of Cazenovia for all the purposes of electing town officers. The Legislature cannot authorise the election of five justices of the peace in that town, nor can the inhabitants residing within a particular district or section of the town be empowered to elect justices. Neither of those measures are proposed [Assem. No. 227.]

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