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which was determined in favor of the latter motion, ayes 100, noes 90. It was argued on one side that the Committee of Ways and Means had, two years since, reported in favor of the Bank, that the chairman of the committee (Mr. McDuffie) had avowed himself still friendly to it, that it was not such a financial matter as naturally belonged to that committee, that the charter of the present Bank had been reported by a select committee, and also that the presentation of the memorial at the present moment was a political movement, urged on by the late Convention at Baltimore, and intended to produce some effect upon the community, by forcing the President to sign or reject the bill prior to the next election. In reply, it was urged that a portion of the Committee of Ways and Means was uncommitted, being new members of the House, whose opinions were unknown, and that, if it was desirable to have a report adverse to the Bank, it would come from a minority of the Ways and Means, as well as from a select committee; that any proposition for a modification, an amendment, or a substitute, for the charter which might be prepared by the Ways and Means could be offered in the House, and if more acceptable it would be sustained, notwithstanding the report of the committee; that no body of men in the country could be less influenced by political considerations than the directors of the Bank; that every thing which transpired at Baltimore was as well known nine months ago as at the adjournment of that Convention; and finally, that the President himself had sought an opportunity of deciding upon the Bank question, by urging it upon Congress, in each of his three annual

messages.

On the 3d of January, Mr. Pendleton, of New-York, offered certain resolutions asserting that it is expedient to bring in a bill to regulate and declare the appellate jurisdiction of the Supreme Court of the United States in criminal cases arising in the state courts; that in the proposed bill, the provisions of the 25th section of the Judiciary Act of 1789, shall be declared to apply the final judgements in criminal cases, which shall arise in the state courts; that adequate provision shall be inserted, to enforce the return of all processes and proceedings in the court below to the Supreme Court; that in all cases a writ of error to be allowed in pursuance of the Act, shall have the effect to suspend the execution of the judgement

complained of; and that adequate penalties shall be imposed upon any person or persons who shall, in this respect, violate the provisions of the Act. Mr. Pendleton moved a reference of the resolutions to a committee of the whole on the state of the Union, but said he had no design to ask the House to commit itself on the propositions. A motion was made by Mr. Wilde, of Georgia, to lay the subject on the table,-a motion which precluded debate,-and which succeeded, yeas 99, nays 89. During the same session, Mr. Mercer, of Virginia, submitted a resolution declaring that, as soon as the public lands shall be released from all present liens upon them, the proceeds of their sales shall be applied under the direction of the state legislatures, one half to purposes of education, and the remainder to the removal of free people of color to Liberia, or elsewhere, beyond the limits of the Union. Mr. Clay, of Alabama, moved to lay this resolution, also, upon the table, which motion prevailed on the ensuing day; ayes 124, nays 54.

The Cherokees. At the annual meeting of the Board of Commissioners for Foreign Missions, a memorial was addressed to the President of the United States, in behalf of the agents of the Board, Messrs. Butler and Worcester, who are now in the Georgia Penitentiary. The following note was sent in reply to the memorial. It will be observed that the President takes upon himself a legislative power as well as the responsibility of deciding a judicial question.

DEPARTMENT of War,

November 14, 1831. Sir: I have received and submitted to the President the memorial of the American Board of Commissioners for Foreign Missions, transmitted in your letter of the 3d instant, and I am instructed by him to inform you, that having on mature consideration satisfied himself that the legislatures of the respective states have power to extend their laws over all persons living within their boundaries, and that, when thus extended, the various acts of Congress providing a mode of proceeding in cases of Indian intercourse, inconsistent with these laws, become inoperative, he has no authority to interfere, under the circumstances stated in the memorial.

I have the honor to be,
very respectfully,

(Signed)

your obedient servant, LEWIS CASS.

WILLIAM REED, Esq.

Chairman of the Prudential Committee of the A. B. C. F. M., Boston.

MAINE.

The Legislature met at Augusta, for the first time since the removal of the seat of government, on the 4th of January. The Message of Governor Smith was transmitted on the 9th. It relates principally to the affairs of the state. In regard to the unsettled Boundary question, the Governor says the United States have assumed the exclusive management of the controversy, notwithstanding the remonstrance of the state; and that they are bound, in definitively settling it, to regard the rights guaranteed to Maine; having no power, by the Federal Constitution, to alienate, by negotiation, or otherwise, any portion of the territory of the state, without its consent. The line fixed upon by the Arbiter is rejected by all parties, and as he has exceeded the limits of his authority, the Governor does not consider his award in any manner binding. It is recommended to the Legislature to refrain from any acts of authority over the disputed territory which may tend to protract or embarrass the settlement of the question. The individuals who were imprisoned at Frederickton were released, and their fines remitted, on the application of the United States Government to the Governor of NewBrunswick. Agricultural Societies and Literary Institutions are recommended to the attention of the Legislature. The proceeds of the labor of the convicts in the State Prison, are sufficient to meet the expenses of that institution. During the last year, the sum of $131,200 has been received on account of the claim of Massachusetts against the United States; $79,830 of the debt due from the state has been redeemed, and $28,750 has been loaned to banks, or invested in bank stock. In conclusion, the Message congratulates the legislature upon having so little business to transact, and the probability of a short session.

A report was soon made to the legislature on the subject of the Northeastern boundary, which concluded with resolutions declaring that the state will never consent to surrender any portion of its territory upon the recommendation of a foreign power; that the King of Holland has not decided the question submitted to him; and that the constitution gives the United States no power to transfer any portion of the territory of a state; and directing the appointment of an Agent to co-operate with the representatives at Washington in upholding the right of the state.

MASSACHUSETTS.

Legislature. The legislature of the state assembled at Boston on the 4th of January, and the government was organized in the usual form. The Governor's Message was read on the 9th. Among the matters mentioned as requiring early attention are, the districting the state for the choice of senators upon the basis of the late valuation, and also the arrangement of new Congressional districts. The alteration of the present law relating to the election of representatives to Congress, and a restriction of the time for the return of votes, was recommended, and a bill for that purpose having been introduced was immediately passed. The remarks upon the amendment to the Constitution which passed the last legislature, are adverse to the principles upon which it is founded. An amendment of the laws relating to imprisonment for debt is strenuously advocated. The State Prison is said to have reached a satisfactory point of improvement, and to have been converted into a school of salutary instruction and reform. The number of convicts have been reduced, within the last year, from 290 to 256. The financial affairs of the prison are also in a more favorable condition. The balance against the prison in 1830 was nearly $7000; this has been reduced to $477 47. It is anticipated that the earnings of the prison will hereafter be more than adequate to its ordinary expenses. The Hospital for the Insane will be ready for occupants during the next summer, and will accommodate the superintendent and one hundred and twenty lunatics. It remains for the legislature to provide the means of furnishing the building, adopt a system of government for the institution, authorize the removal of the patients from the county jails, and settle the terms upon which others are to be allowed to partake of the charity. The late Nathaniel Maccarty, of Worcester, bequeathed $500 to the state in trust, for the purpose of ornamenting the grounds belonging to the hospital. The map of the state from actual surveys and admeasurements upon trigonometrical principles, is in progress, but will require another year. The geological survey of the Commonwealth is nearly completed. The necessary examinations of the country have been mostly made, and the First Part of an elaborate scientific report, comprising "The Economical Geology of the State, or an account of our Rocks, Soils, and Minerals, that may be applied

to useful purposes, and thus become sources of pecuniary profit," accompanied with a map, delineating by distinctive numbers and colorings, the various minerals and rock formations which prevail, has been transmitted to the Executive. The plan of the Professor proposes that the Report should consist of Four Parts; the second part to exhibit the Topographical Geology, or an account of the most interesting features of our scenery; the third part, the Scientific Geology, or an account of our rocks in their relation to science, and the fourth part to contain catalogues of the native Mineralogical, Botanical and Zoological productions of the state. Under the authority of a Resolve of the 2d of February last, and with the advice of the Executive Council, arrangements have been made to procure the immediate publication of the first part of the Report, with lithographic colored impressions of the map. A fire-proof building for the preservation of the public records, has been erected in the rear of the state house. The sales of the public lands in the state of Maine, between the first of February and the sixth of December, amounted to $35,499 60. The Governor is of opinion that the award of the King of Holland, in relation to our boundary, is altogether void; and he says he sees "no constitutional power in the nation to require an acquiescence in it, on the part of the states which would be prejudiced by its adoption." It appears that the Secretary of War has declined proceeding in the adjustment of our claim upon the general government beyond the point where it was closed by his predecessor, without the authority of a special act of Congress. The business now rests with the Agent of the state, under instructions to consult with the delegation in Congress. In relation to the Militia, the Message states that the laws now enforced have given rise to exemptions and evasions scarcely less in the aggregate than the muster-rolls of the train-bands themselves. The Governor thinks the public attention has been so universally awakened, and the complaints have become so general, that the attention of Congress must be called to the subject; but he pronounces all state legislation unavailing to remove the complaints which exist without an alteration of the law of Congress. The disbursements on account of the state, within the year have amounted to $381,481 68; the receipts have amounted to but $325,059 23; leaving a balance against the state of $56,422 45. Of the disbursements, one item was for

the payment of members of the legislature, $101,271. This amount will be reduced hereafter, by dispensing with one session of the General Court, and still further reductions will be made by the statute enlarging the criminal jurisdiction of the Common Pleas. It is stated that the expenses of the government are less than one fifth part of the disbursements from the Treasury; the remainder of the aggregate is composed of various grants and immunities, which are denominated "the fitting contributions of a prosperous age to the cause and progress of human improvement." The Governor communicated resolutions of the state of Maine, denying the constitutional right of Congress to engage in a system of Internal Improvements; and the Message concludes with some remarks upon the fallacy and danger of the doctrines of nullification.

State Valuation. The Valuation Com

mittee, which is required by the Constitution to value and assess the whole Commonwealth, once in ten years, finished its session about the first of January. The following table, shows the aggregate of polls and property, as finally fixed by the Committee, and the apportionment of $1000 on each, together with the increase per cent. from the last valuation.

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this state, on the 1st of October last, seventy chartered banking corporations, and that their capital stock paid in was $21,439,800; bills in circulation, $7,739,317; nett profits on hand, $734,312 33; balances due to other banks, $2,477,615 43; cash deposited, &c. not bearing interest, $4,401,965 62; cash deposited, and bearing interest, $4,550,947 68; due from the banks, $41,393,083 33; gold, silver, &c. in banks, $919,959 73; in real estate, $683,307 89; bills of banks in this state, $1,104,567 29; bills of banks elsewhere, $270,606 88; balances due from other banks, $2,427,679 37; due to the banks, excepting balances, $36,040,760 76; total resources of the banks, $41,445,700 09; amount of last dividend, $566,715; amount of reserved profits, $409,128 76; debts secured by pledge of stock, $752,312 37; debts due, and considered doubtful, $268,687 81; rate of dividend on amount of capital of the banks, as existing when dividend was made, 3 per cent. less 1-3 of 1-100th part of 1 per cent. Eight of the seventy being new banks,made no dividend on the 1st October. Of the seventy-two banks now in existence, twenty-two are located and transact business in Boston, eighteen in the county of Essex, five in Middlesex, one in Plymouth, seven in Bristol, two in Barnstable, three in Nantucket, two in Norfolk, six in Worcester, three in Hampshire, one in Franklin, and two in Berkshire.

Finances. By the Treasurer's Report it appears that the operations of the year 1831 were as follows:

In the Treasury, January 1,
Received from State Taxes,

Bank Tax,

Auction Tax,

Of Claim on United States,

Of Lands in Maine,

Borrowed,

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$25,275 25 73,691 00 196,908 93

26,005 23 419,748 26 17,980 81 262,000 00 9,272 38

833 75 367 13

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Sheep. It appears from the returns made to the Valuation Committee, that there are 360,682 sheep in Massachusetts, and that each county owns of

them as follows: Berkshire, 99,253, Hampshire, 54,714, Franklin, 46,273, Worcester, 41,100, Hampden, 34,320, Bristol, 17,099, Plymouth, 14,603, Dukes 11,692, Barnstable, 10,868, Middlesex, 10,777, Essex, 9,200, Nantucket, 6,124, Norfolk, 3,639, Suffolk, 520.

NEW-YORK.

Legislature. The Legislature of this state met at Albany on Tuesday, the 3d of January. From the Message of Governor Throop, which was immediately communicated, it appears that the state participates largely in the general prosperity of the country. The state owes no debt except for its Canals. This debt amounted, on the first of January, 1831, to $7,825,035; on the first of January, 1832, it amounted to 8,055,645. During the year, $9,653 of the stock has been cancelled, but $240,263 were borrowed to complete the works upon the Chemung Canal. The receipts into the Treasury on account of the Canals for ten months, ending on the 30th of September, were, from tolls, $722,896; from other sources, $307,012. The expenditures upon the Canals for the same time, amounted to $506,866; leaving a balance of $523,045, which has been added to the fund for the extinguishment of the debt. This fund amounts to $238,198, which being deducted from the Canal debt, reduces that to $5,817,447. The whole amount received for tolls up to the closing of the navigation, was $1,222,423. It is stated that the nominal amount of the general fund, on the 30th of September, was $1,131,221; but its real value was supposed to be $805,987. The receipts from it, applicable to the expenses of the government for the ensuing year, are estimated at $112,100; the expenditures for the same time are estimated at $269,967. The amount paid out of the Treasury, up to the 30th of September, was $265,502. The excess of the expenses above the receipts of the general fund is paid from other sources. The Governor states that the means for supplying the disbursements will soon be exhausted, and that new sources of revenue must be opened; for this purpose he suggests a development of the physical resources of the state, by opening to different regions their appropriate markets; and, to effect this object, recommends a consideration of the many propositions for constructing rail-ways by private companies-reserving to the state the right to take possession of them as public prop

erty, at pleasure, upon equitable terms. There are 9316 school districts in the state, containing 507,657 children, between the ages of five and sixteen years, and more than 505,900 have been instructed in the schools. The amount paid to teachers is $605,729. The Governor recommends, as requiring urgent attention, the condition of the insane poor, who are perishing from neglect and harsh treatment in the different counties, and a separate penitentiary for female convicts, which should be erected in the vicinity of Sing Sing. The number of convicts in the two state prisons-at Auburn and Sing Sing-is nearly sixteen hundred, and it is necessary that the prisons should be immediately enlarged. The present system entails but little expense upon the state; the earnings of the prisoners at Auburn more than pay the expenses of the institution, and the prisoners at Sing Sing have earned $40,000 within the year, besides building extensive additions to the establishment. Seventy-three convicts have been pardoned and dismissed, for various considerations, during the year. The number of the militia is 189,000, and there are in the different arsenals, 48,547 muskets, 2409 rifles, and 340 pieces of ordnance. The message contains the usual executive recommendation of an amendment of the Militia system. Among the most interesting topics mentioned in this document is an experiment in education now going on at Rochester. The pupils rise at four o'clock, work three hours and study ten. From an account which has been kept with twenty students during the last quarter, it appears that they are credited for earnings in coopering, joiner's work and printing, a sum amounting to a trifle short of all the charges against them. It is said that mechanical alternates better with study than agricultural labor. The institution was founded last spring; it numbers now sixty-one pupils, and bids fair to realize the expectations of its generous patrons.

Banks. The Bank Capital actually paid in, in the state of New-York, is $24,136,260; of which $15,561,000 is situated in the City of New-York.

Commerce. The following list comprises the number of arrivals of vessels and passengers, at the city of New York, from foreign ports in the year 1831, viz: January 59, February 108, March 140, April 106, May 172, June 139, July 147, August 169, September 167, October 142, November 115, December 130. Total 1634. Passengers by these ves22

VOL. II.

sels, 31,739. Of the vessels, there were 1204 Americans, 278 English, 8 Spanish, 14 Swedish, 6 Hamburgh, 25 French, 11 Bremen, 2 Haytien, 18 Danish, 1 Mexican, 2 Brazilian, 1 Genoese, 1 Russian and 3 Dutch. Of these, there were 387 ships, 42 barques, 757 brigs, 433 schooners, 1 ketch, 1 galliot, 1 polucca, 1 felucca and 11 sloops. Increase of arrivals over year 1830, 124; and of passengers 1515.

Fuel. During the last year (1830) the consumption of wood in New-York city, was 205,079 loads of oak, 49,244 of hickory, and 52,283 of pine; making a total of 297,506 loads, at an aggregate cost of $493,085 86. Add to this 26,605 1-2 tons of Anthracite coal, 11,875 chaldrons Virginia, and 12,593 of charcoal, at a cost of $321,642 34, and the amount is increased to $814,728 20. The quantity of Liverpool and some other kinds of coal consumed there are no means of knowing. But if we include the whole, with the cost of carting, &c. the expense of fuel for the city of New-York cannot be less than a million of dollars per annum.

Rochester. A late number of the Rochester Republican contained the following schedule, showing the estimated amount of the money invested in the real estate, buildings and machinery, of the various manufacturing and mechanical establishments of that place, and their produce per annum. Factories, &c. Flouring Mills, Cotton Goods, Woollen do., Leather, &c., Iron Work,

Investment. $281,000

Annual Amt. $1,331,000 30,000

50,000

70,000

112,000

25,000

166,000

24,000

46,000

Rifles, &c.,

3,000

5,000

Soap and Candles,

6,000

45,000

Groceries, &c.,

21,000

32,800

Tobacco,

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Pail, Sash, &c., Boat Building,

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4,000

15,000

Globe building factories, 10,000

$511,000 $1,857,000

In addition to the above, the trade of the place in lumber, beef and pork, pot and pearl ashes, butter, cheese, lard, wool, consumed there and shipped; business done by the various transportation companies; building, &c., amount perhaps to more than half a million of dollars. There are also, about 100 wholesale and retail stores, (not including small retailers,) doing a safe and in many instances an extensive business in dry goods, clothing, hats, groceries, hardware, drugs, paints, produce, tin, copper, sheet-iron, brass-founding, jewelry, &c. &c. Within the last year 242,000 barrels of Flour have been made,

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