Production Note Cornell University Library produced this volume to replace the irreparably deteriorated original. It was scanned using Xerox software and equipment at 600 dots per inch resolution and compressed prior to storage using CCITT Group 4 compression. The digital data were used to create Cornell's replacement volume on paper that meets the ANSI Standard Z39.48-1984. The production of this volume was supported in part by the New York State Program for the Conservation and Preservation of Library Research Materials and the Xerox Corporation. Digital file copyright by Cornell University Library 1994.<• READ AND CIRCULATE! LUCIUS ROBINSON.LETTER FROM PROMINENT CITIZENS. The State of New York contains a population of intense commercial and industrial activity, numbering, little less than the white inhabitants of the entire eleven Southern States, and exceeding, by moffe than 800,000, the population of the six States of New England. Its wealth, according to the ninth census, reached the enormous aggre- gate of sixty-five hundred millions of dollars, an amount the magnitude oi which will be the more apparent when it is stated that by the same census the wealth of the eleven Southern States was twenty-seven hundred and thirty-eight millions ; that of the five Border States twenty-eight hundred and twenty-one millions and that of the New England States, forty hundred and forty millions. These vast interests of population and material resources impose grave responsibilities upon the electors who choose the executive and administrative officers of this great commonwealth. In view of these responsibilities and to concentrate public attention .upon the important and practical questions connected with our State affairs, the under signed join in earnestly requesting of their fellow-citizens a careful perusal of the within papers. Governor Robinson has lately been described, and justly, as*^ man “ruggedly and aggressively honest.5’ We are confident, also, that he will be found by those who will take the pains to read his public utterances, and to examine his official acts, to be a man who has the wisdom of knowing how to apply common sense to the’consideration of important matters. His ability is unquestionable ; his character is unassailable; he has known neither friend nor f6e in keeping along the same path of simple duty and absolute devotion to the public good, and in what he has done in the past we have an assured guarantee of what he maybe able to accomplish in the future. It is not his personality but the principles and policy with which he is identified, that are on trial. His fidelity to consti- tutional obligations has made his name conspicuous among the highest order of American statesmen. . - The questions before us and which most concern us are still those of economic government, and careful and business-like management of our important public trusts. Prom all who have these interests at heart we ask support for Lucius Robinson. , ROYAL PHELPS. OSWALD OTTENDORFER. SAMUEL D. BABCOCK. RICHARD O’GORMAN. F. R. COUDERT. DAYID M. STONE. FRANKLIN EDSON, LAWSON N. FULLER. A. E. ORR. JAS. M. BROWN. W. E. DODGE, Jr. New York, October 1, 1879. ABRAM S. HEWITT. A Brief Sketch of his Life and Record. Governor Robinson was born at Windham, Greene county, November 4, 1810. His father was a farmer and gave his son an academic education. After leaving the Delaware Acade- my, Delhi, Lucius Robinson began the study of law in the office of the famous General Root, and completed his preparation in the office of Amasa J. Parker at Delhi. He was admitted to the bar in 1882, and began the practice of his profession in Catskill. In 1837 he was appointed District-attorney of Greene county and held the position for three years, when he removed to New York. He was appointed Master in Chan- cery by Governor Bouck in 1848, and soon after entered into partnership with the late David Codwise. During his residence in New York city Mr. Robinson was for a long time a member of Tammany Hall General Committee, which was then composed wholly of reputable men. He was reappointed a Master in Chancery by Governor Silas Wright in 1846, and held the office continuously until the court of Chancery was abolished by the adoption of the new Constitution. He was once nominated for Judge of the Superior Court, but lost his election along with his party candidates. About 1855, Mr. Robinson removed to Chemung county, owing to ill health, and settled on a farm near Elmira. He was nominated' for Member of As- sembly in 1859, without any consultation with him, and was elected, and re-elected in 1860 as the joint candidate of many war Democrats and Republicans. In the Legislature of 1861 he was a candidate for Speaker against Mr. Littlejohn, but was unsuccessful. In the autumn of 1861 he was elected State Comptroller on. the Union- Combination ticket by a majority of 108,201, the largest ever received by any candidate for a State office in this or any other State. He was re-elected Comptroller by another large majority. During his second term his management of the finances excited the animosity of Republican bankers who were not hard-money Jacksonians like Lucius Robinson and the Republicans refused to join in nominating him for a third term. This renomination, however, the Democrats insisted upon, but he was defeated along with the rest of the ticket, though he stood at the very head of the poll. His immense personal popularity in- duced the Democrats in T870 to nominate him for Congress in a strong Republican district. Although defeated he reduced the old Republican majority by,2,500 votes. In 1875 he was again elected State Comptroller by the Democracy. In 1876 he resigned that post when elected Governor. During the session of 1877 he rebuked all at- tempts at special legislation, and frequently and firmly used the veto power. He especially vetoed bills which struck at the independence of the local government of New York. For this he was tendered a reception by the Democrats of New York, in which Augustus Schell, John Kelly and all the magnates of Tammany participated, and at which Messrs. Henry L. Clinton and Lieuten ant-Governor Dorsheimer made most eulogistic speeches. In the winter of 1878 he endeavored to remove Insurance Superintendent Smyth, but the attempt was defeated by the votes of the Tammany Senators, who had turned against him because he was unwilling to approve of certain schemes which Mr. Kelly and his friends had set on foot in the city. During his administration Governor Robinson has unweariedly promoted all kinds of reform, especially in regard to the canals, the prisons, taxation and the finances He pursued the same line of conduct through the last Legislature, incurring the malice and hatred of Tammany Hall and especially of Mr. Kelly three of whose particular friends he had felt obliged to remove from office for official mis demeanors, with the cordial approval of the Bar Association and of good citizens ©I all parties.Governor Robinson’s LETTER OF AOOEPTANOE. Hoe. John 0. Jacobs, President of the Democratic Republican State Convention: Dear Sir.—I have received your letter of the' 15th instant, formally advising me of my nomi- nation by the Democratic Republican State Con- vention for re-election to tlie office of Governor. The convention was composed of men of high character and unusual ability, fully represent- ing every county in the State. From its proceed- ings, I learn that with entire unanimity it in- dorsed the course of the State administration, and, by the vote of a very large majority, sub- sequently made unanimous, renominated me for the high office which I now hold. It also named by acclamation for the post of Lieutenant-Gov- ernor a gentleman known and honored through- out the State and nation, and renominated all the officers who have for two years been associated with me in the conduct of State affairs. It is well known that I neither sought nor de- sired a renomination, and that I did not consent to the use of my name in connection with it until circumstances beyond my control seemed to ren- der it an imperative necessity. Grateful to the convention for this expression of confidence, I accept its nomination. I hold it to be the duty of eveiy citizen enjoying the benefits of a free government of the people to sacrifice private in- terests and inclinations when thus called upon to serve the public. I do not regard the nomina- tion as in any sense a personal tribute to myself, but as an approval of the earnest and laborious efforts which I have made to uphold the supre- macy of the Constitution and laws, to arrest Albany, September 20, 1879. / vicious and extravagant legislation, to punish derelict officials, to reform and purify the ad- ministration of the government, ta protect the rights of all classes of citizens, to reduce expenses and taxation to the lowest practical point, and to relieve the people from all unnecessary burdens. The work of reform, however vigorously car- ried on, is unavoidably slow. It encounters at every step the hostility of those who. reap rich rewards from the abuses which it seeks to correct. Overpaid, corrupt and lawless officials, stand at all times in its way. They band together to buffet or to buy every public officer wh<£ seeks to do his full and honest duty. They make costly the effort to execute the law and punish its trans- gressors. But notwithstanding these hindrances, the cause has made such progress in this State that it is difficult now to comprehend the con- dition in which we were five years ago. It is not possible to fully appreciate that which has been accomplished, except by a comparison of the situation then with that of to-day. To this it is proper that I should for a moment refer. The long career of demoralization which sprang from and followed the war, led to reckless legisla- tion, loose and corrupt practices in the administra- tion, fraudulent contracts for public works and a general disregard of law both in the State and municipal governments. Profuse expenditures, exorbitant taxes, and vast indebtedness were the natural results of such a condition of affairs. In 1874 the people became aroused and demanded the reform which was commenced in 1875,and has been steadily and vigorously pursued ever since with most gratifying results. ^ In 1874, the Expenditures on Account op the Canals, Exclusive op the Canal Debt and Interest, Reached the Enormous Amount op $3,842,892.75, and op this Sum $2,373,425.92 was Paid prom the Proceeds op a Direct Tax. In 1878, the Amount Paid por the same Purpose was Only $903,347.02, the whole op which WAS PAID FROM THE REVENUES- OF THE CANALS WITHOUT ANV TAX, and with Lower Rates op Toll and Better Service than were Ever Known Before. In 1876, the year preceding the new manage- ment of the State prisons, the excess of their expenditures over earnings, paid by taxation was $704,379.85. Now the tax-payers are relieved 'from any tax on that account; the prisons are substantially self-supporting, and show greatly improved methods and discipline. In 1874, the State taxes were $15,727,482.08^ In 1879 they were only $7,078,103.64. At the close of the war in 1865, the State debt amounted to $51,041,537.86. It now amounts, after deducting the sinking fund, to only $8,130,726.09. I give these results in brief to show the advan- tage of pursuing the policy of paying debts in- stead of creating them, and the benefits arising from retrenchment and reform in all branches of the public service. Besides the great reduction effected in canal and prison expenditures, legis- lative appropriations have been vetoed during the last three years,to the amount of $1,534,015.30. It is proper to add in this connection that of all the appropitations thus arrested by the Execu- tive during the last three years, not one has ever been passed by the Legislature over the veto, a statement which is also true of all the bills on which vetoes have been interposed. The amount of money thus saved is not all that has been gained. The increased regard for law, the in-, tegrity and fidelity in the administration of pub- lic trusts which have been necessary to prevent the squandering of the people’s money, have developed a higher tone of morality and virtue among all classes of public servants. It is not claimed that the Governor and State • officers under whose administration these results have been attained, are entitled to any special credit therefor. They have simply performed their duty in obedience to the requirements of the Constitution and laws. This is what all officers are bound and sworn to do. TJiey are no more entitled to extraordinary credit for it than any citizen is entitled to applause fQ£ not being a 6 thief. But it does concern the people tt> know that those who have carried on these reforms and achieved these results have been true and faithful to their trusts where others h%ve betrayed them by gross negligence and unfaithfulness. And the question now submitted to the voters of the State is whether they will have a continuance of the reform policy, or whether they will abandon it for the profuse and corrupt expendi- tures of former times with their inevitable attend- ant of increasing and burdensome taxation. I have myself no doubt of their decision. The great mass of our people desire good government and economical administration. They are not deceived by the sophistry of the dishonest, or the* clamoring denunciations of the disappointed. They mean that this reform shall go on, that our State government shall continue pure and that the rottenness of municipal administration which now disgraces some of our cities shall stop once for all. In this good work I am willing and anxious to join at any post of duty be it high of low. We cannot better serve our State, our country and our fellow-men. The resolutions adopted by the Convention de- claring the position of the Democratic Republi- can'party upon the leading questions of the day and pledging it anew to this great work of re- trenchment and reform, have my cordial ap- proval. The government is established and should be administered for the protection and benefit of all the inhabitants of the State, with- out regard to political parties, religious creed, or place of birth. In endeavoring to impress these views upon the Legislature in my last annual message, I used the following language. I cannot more clearly give my meaning than by quoting it: “Under the Constitution the State aims to secure fair and equal representa- tion for the people, pure elections, an honest can- vass of, and a peaceful submission to, their results, to the end that the majority may con- trol the government; equal and exact justice to ail men that neither the poverty of the poor or the wealth of the rich may help or hinder the maintenance of their rights ; rigid economy in public expenses, and the lightest possible exer- cise of the taxing power that labor may bear no neeedless burdens ; an honest currency assuring stability to finance and steadiness to wages; per- fect integrity and fidelity in office; a prosecution and punishment of derelict officials as prompt and energetic as that of common criminals; the protection of every man in his right to pursue his lawful calling in his own way, and to enjoy its fruit, and finally the sacred preservation of the public faith under all circumstances. It forbidsall local and special legislation for private profit; all wasteful and profligate expenditure of public money, the folly of creating debts, as well as the crime of repudiating them when created. Con- ceding to the Federal Government all the powers expressly delegated to it, and shrinking from no sacrifice to maintain them, it yet sternly insists upon those inherent rights reserved to each free and independent State.” These principles lie at the foundation of our system of government. They are cardinal doc- trines of the Democratic party as I early learned and have always tried to follow them. In public and private life it has been my constant effort in the past, as it will be in the future, to uphold and enforce them by all legitimate means. While the party lives up to them and maintains them with firmness and fidelity, it will command the support of all good citizens. If it falls below this high standard to engage in a mere scramble for the spoils of office and the drippings of an unclean administration, it will lose, and deserve to lose, the confidence of the people. It should constantly be borne in mind that the approaching election concerns State affairs exclusively, and is of great and unusual import- n ance. It is the first election in our history for the choice of all the elective State officers and both branches of the Legislature. Its results will therefore touch very closely the home interests of our people. Every one of them, high or low, rich or poor, has a direct interest in the just and economical management of the State govern- ment. We must beware of the fallacy that gov- ernmental burdens rest only on the rich. They are most grievous to the poor and laboring classes. / The cost of careless or corrupt public officers falls in the end upon those who work from day to day to pay the rent and buy the food. The dollar added to taxation comes at last out of them. The dollar saved to the State is a dollar added to their little stock. The continuance of the reform policy is thus the only important question to be answered at the polls. The chief aim of the people of New York is to secure an efficient government which shall burden as lightly as possible their quicken- ing trade and commerce. To this issue our people will address themselves and I believe will deal with it wisely. Very respectfully yours. • L. ROBINSON. / Far 1 8T§. STATE OP' NEW TORE: ExECUTIVBi OsAMSEBj ) Albaky, January 7, 1679. ) To the Legislature: The event which first claims attention is your removal into the New Capitol. The condition of the appropriation of last year has been so far ful- filled that the Assembly chamber is substantially •ompleted. The room intended for the Court of Appeals has been fitted up for the temporary use of the Senate, the court in the meantime occupy- ing the old Senate chamber. All the rest of the building, except the Attorney-General’s office, remains unfinished. Many millions of dollars and years of time Will be required to complete it, although the sum already expended upon it amounts to $9,276,615.36. My views in regard to the extravagant cost of the building, its osten- tatious exterior and most inconvenient interior, have been frequently expressed, and they remain wholly unchanged. The subject of further ap- propriations for the work will be presented in another part of this message. I sincerely hope that you will find the change conducive to your health and comfort, and in every way so agreeable and convenient that you will not regret it. If the occupation of their new and gorgeous apartments shall lead the two houses of the Legislature to so emulate the ex- alted virtues which have, at different times and on many occasions, adorned the history of the old chambers, that they shall enact only wise and good laws, that they shall honestly and faithfully execute the great trust committed to them by the people, that they shall strictly obey the Constitu- tion and the laws, that they shall establish and maintain a higher tone of public morality, the enormous cost of the building' will i be repaid in something better than money. But if, on the other hand, ho such effects appear, if the lament- able vices which have too often marked the leg- islation of the old building shall stain that of the neWv if the extravagant expenditure made upon it is to stimulate profuse and wasteful appropri- ations to other objects, if, instead of encouraging a plain and honest republican simplicity, it is to cultivate a weak and vain desire to imitate the manners of European courts or to rival regal magnificence and imperial splendors, nay, more, if bribery and corruption, following naturally in the wake of such influences, shall soil the new chambers, the people will have cause to regret the erection of such a Capitol, and to wish that the earth might open and swallow it up. I trust that you may be so enlightened and guided of the Divine Wisdom, that you may choose and follow the better path. Finances. You will be pleased to learn that the financial affairs of the State are in a more satisfactory con- dition than they have been at any time within a long series of years. It has no longer any Gen- eral Fund debt, any bounty debt, nor any float- ing debt. These have all been paid and extin- guished. A small remnant of the canal debt alone remains to be provided for. The able and faithful management of the financial de- partment has maintained a steady and unin- terrupted advance towards lower expendi- tures, lower taxes and a rigid accountability for all payments from the treasury. # This is strikingly illustrated by the following state- ment :In 1874 tl«B State tax was.... $15,727,482 08 In 1875.........'............. 14,206,680 61 In 1876.......................... 8,529,174 32 In 1877......................... 8,726,511 01 In 1878............................ 7,941,297 94 The administration of the affairs of the canals and of the State prisons under the new systems, through single officials and responsible heads, ex- hibits the most satisfactory results in the same direction. No reformation in State affairs and finances was ever more thorough and complete. But for the school tax and the enormous de- mands for the New Capitol, the tax levy would not be more than about one-half its present amount. The following statement gives a general ac- count of the financial operations of the year: Aggregate balances in the treasury of all the funds, Octo- 1, 1877......... ........... $5,759,434 22 Aggregate, receipts during the fiscal year ending September 30, 1878 .................... 12,404,505 01 $13,163^939 Deduct payments during the year........... ............. 13,870,055 69 Balance in the treasury Septem- ber 30,1878......... .......... $4,293,883 54 The amcttmt of receipts into the. treasury, on account of the General Fund revenue, during the year ending,September 30, 1878....................... $6,097,469 29 The payments...... .............. 6,983,307 67 Apparent deficiency September 30, 1878 ........................ $885,838 38 Supplementary Statement. Balances due from County Treasurers September 30, 1878, on State tax of 1877 . ... $1,385,809 09 Add amount paid on account of 1878 appropriations, included in tax levy of last year, paya- ble in State treasury in April and May, 1879................ 1,159*017 01 $2,544,386 10 Deduct apparent * deficiency of - the revenue Septem- ber 30, 1878, as shown in preced- ing statement ... $885,838 38 Also balances of 1877 appropria- tions, unpaid and in force Septem- ber 30,1878. .. 266,643 21 ------------ 1,152,481 59 Actual surplus September 30, 1878 ................ $1,391,904 61 The details of the foregoing statement, and of the accounts with the separate funds, will be found fully and clearly stated in the Comptroll- er’s report: 4 ' Debt. On the 30th September, 1877, the total Funded Debt was $10,957,054.87, classified as,follows: General Fund.. ................ . $926,694 87 Canal.........;........ 9,900,360 00 Bounty ....................... 130,000 00 $10,957,054 87 On the 30th September, 1878, the total Funded Debt was $9,154,054.87, classified as follows : General Fund..................... $122,694 87 Canal .......................... 9,020,360 00 Bounty . ...................... 11,000 00. $9,154,054 87 The General Fund State Debt is all paid, and the item of $122,694.87, included above, repre- sents the amount required to yield, at the rate of six pen cent, the sum necessary to pay the Indian annuities. The balance of $11,000 of Bounty Debt had not been presented for redemption at the close of the fiscal year. A balance of $1,012,358.18 in the Canal Sinking Fund, leaves the amount of that debt unprovided for, Septem- ber 36,1878, at $8,008,031.82. The State debt, on the 30th of, September, 1877, after deduct- ing the unapplied balances of the Sinking- Fun*ls, amounted to ....... ................. $8* 707,663 85 On the 36Mi September, 1878 (including $122,694.87) to .... 8,130,726 09 Showing, net contributions to the Sinking Fund of ........... $576 937 16 The actual reduction of the debt during the same period, by cancellation, beings........ $1,803,000 00 Taxation. The tax levy for 1878 was at the rate of 2 9-10 mills and will produce $7,941,297.94, as against $8,726,511.01 for the previous year. The State receives very little revenue for the payment of its expenses from any source except direct taxation. The mode of levying .and the time of paying the taxes make it important that the Legislature should give special attention to the nature of the balance found in the General Fund, at the close of the fiscal year on the thirtieth10 of September. The report of the Comptroller submitted to the Legislature on the first of January last, showed that there was a balance on the 30th of September, 1877, amounting to $1,104,465.21, and that there wo^ld be an esti- mated balance of $1,754,565.01 on the 30th of September, 1878. His report, prepared for sub- mission to the Legislature at its present session, 9hows that there was a balance on the thirtieth of September last of $2,191,904.51, exceeding the estimate by $437,839.50. The Legislature having directed the payment of, the New Capitol appro- priation out of this balance, the payments to the New Capitol Commissioners up to Septem- ber thirtieth, amounting to $800,000, should be deducted from this apparent balance.' This deduction leaves an actual balance on the thirti- eth of September last of $1,391,904.51. The same report shows that there will be an estimated balance on the thirtieth of September next, amounting to $1,073,896.83. But the taxes levied to cover the appropriations for the fiscal year com- mencing oil the first of October, are not actually paid into the Treasury until the next April.* This is the case in each year. It will be seen, there- fore, that these balances which are unappropriated on the thirtieth of September, become appropri- ated the very next day by the general appropria- tion act passed for the fiscal year commencing on the first of October, and that they are the only means which the State has, without borrowing from other funds,'to carry on the government for the space of six months, that is, until the receipt of the taxes in the n&tt April. It will thus be seen that any appropriation like the one made for the New Capitol in the last Supply bill, out of an unappropriated balance in the Treasury, is based on a delusion. There is no unappropriated bal- ance on and after the first of October. On the contrary, there is and must be a deficiency in each year, to be met by borrowing from other funds in anticipation of the taxes which will be received six months after the payments com- mence. It would be more consistent if the taxes could be made payable on the first of Octo- ber, at the time when the payments on account of them commence, or if they could be divided and one-half paid on the first of October, and the other half on the first of the following April. The present practice, however, has prevailed so long and the operations of the Treasury have become so accustomed to it, that it is not likely that any change in that respect will be made, but it will be seen from the foregoing statement that an appropriation out of an unappropriated bal- ance in the Treasury is liable to mislead, and that such phraseology should be avoided. Above all let it never be forgotten that every ap- propriation of any considerable amonnt must be provided for either by a special tax, or else by an increase to the amount of it in the general tax levy. The New Capitol. An important question to be disposed of by the Legislature is whether further appropriations for the building of the New Capitol shall be made at the present session. The only necessity for rapid progress hitherto urged, has been the inconvenient and insufficient accommodation of the Senate and Assembly in the old building. Ample provisions have now been made at a vast expense to over- come the difficulty complained of. All the im- portant State offices are more conveniently and comfortably situated where they are than they ever can be in the New Capitol. The amount which has already been expended is $9,276,615.36, and of this some $4,300,000 have been drawn from the tax-payers during the period of financial disaster and distress which commenced in 1873 and still continues. The question then arises whether the tax-payers ought not to be allowed ' some respite ; and in considering this question account should be taken of the widespread dis- satisfaction and sense of wrong felt by the peo- ple of the whole State at the deception practiced upon them, and the violations of law committed almost at the outset of the enterprise. In 1867 an act was passed by the Legislature, being chap- ter 485, of which the first section is as follows: “ The sum of two hundred and fifty thousand dollars is hereby appropriated, out of any mon- eys in the Treasury not otherwise appropriated, toward the erection of a New Capitol, authorized by chapter six hundred and forty-eight of the Laws of eighteen hundred and sixty-five, and the necessary expenses attending the same. But no part of the amount hereby appropriated shall be expended, nor shall the Capitol Commissioners incur any expense on account of thfe said Capitol, until a plan of the Capitol shall be adopted and approved by them, and approved by the Gover- nor, not to cost more than four millions of dol- lars when completed.” In 1868 the Legislature emphatically reiterated the condition of the year before. Chapter 830 of the Laws of that year appropriated two hun dred and fifty thousand dollars for the New Capitol, created a new Board of Commissioners and further contained the following explicit lan- guage: “The said commissioners shall review the plans which have been adopted for the New Capitol, and may change and modify the same, or adopt others in their place, as they may deem advisable and proper; provided, however,*that11 they shall not proceed to the construction of the said New Capitol unless they shall be sat- isfied that the expense thereof shall not exceed, when completed, the sum of four millions of dollars.’* Thus, in two successive years, the people of the State were assured that the New Capitol should not cost them to exceed four millions of dollars, and it was made a condition precedent that the Commissioners should not proceed with the work except upon such plans and specifica- tions as would insure its completion within that sum. These acts have never been repealed or modified. They were at once violated and, in effect,'nullified for all time by the deliberate adoption of a plan under which the building could not possibly be completed for four times the amount fixed as its maximum cost, and the work has gone on until over nine millions of dollars have been expended instead of four mil- lions, and there is no reason to expect that the building can now be completed on the scale and in the style in which it has hitherto been carried on at a less total cost than five times the four millions to which it was originally limited. About three years ago a partial change of plan was made, under the representation that it would reduce the cost, but it had little effect. It was too late. The evil lay in the illegal plan above referred to, and could not be re- moved without taking down the building to its foundation. The entire eastern, western, southern and part of the northern fronts are neither enclosed or roofed. These portions of the building have long remained in this condition, without harm, and I know of no injury or inconvenience likely to result from their remaining so as long as may be desired. I recommend, therefore, that the Legislature should carefully consider: first, whether any appropriation shall be made at this session; second, whether, in the further progress of the work, a simpler, cheaper, and less ambi- tious style of finish ought not to be adopted. In view of the pledges and conditions of the statutes cited, that the building should not cost over four millions; in view of the fact that near ten mil- lions have already been spent upon it, the cer- tainty that its completion in the present florid style must cost from eigbt to ten millions more, and the equal certainty that when completed its accommodations for every department to be moved into it will be far inferior to those now •enjoyed, is it not wise, for a short time, to take account ol the scanty progress which has been made, and the enormous amount it has cost to make it, to scan the method of this ^ast outlay before further appropriations be made? No doubt exists in the mind of any intelligent citi- zen that a State Capitol^ far more becoming in exterior design and internal finish than the pres- ent one and far superior to it in convenience could have been, or can now be, built at a cost within the limit of the four millions originally intended, and for half the money yet required to complete the present building on the proposed plan. It now, however, only remains, by frugal management, to secure the best possible use of every dollar given to it. If we concede the artis- tic merit claimed for the present design, it yet seems to me that in times like these the food and raiment of our people are more to them than the development of schools of art. A million dollar tax cuts deep into the shrunken resources of the people. They are ill able to pay it. Nothing can justify its levy but stem necessity. That necessity no longer exists. They are staggering under a vast load of local debt and taxation, and every dollar taken by the State lessens their pow- er to endure these local demands. In the light of all these circumstances and the unwelcome fact that the care of this mammoth building, when completed, will annually cost a fabulous sum, I urge that all appropriations be stopped for the present, that the Legislature inform itself thoroughly as to the style and cost of the work, to the end that before voting any more millions it may be understood for what end they are ex- pended, and whether the completion of the building cannot be secured in some less extrava- gant and ostentatious style. ' If, however, in the judgment of the Legislature, it seems best that some appropriation be made, I recommend that it be limited to a small amount, and not made until such an#examination, as I have already suggested, enables you to make it intelligently. There is no proper legal audit of these expenditures exercised by any financial officer. The Commissioners draw in round sums for their moneys. The payments of every other department of the government are subject to a rigid audit and scrutiny by the Comptroller. I know qf no reason why those for the New Capitol should not be likewise treated. Common Schools. In my former messages I have given fully my views in regard to the proper scope and extent of the schools that should be maintained by general taxation. All my subsequent observa- tion has confirmed the opinions expressed upon this subject. To the extent of giving to every child in the Statte a good common school educa- tion, sufficient to enable him or her to understandand perierm th$ duties of American,, citizenship, and to carry on. intelligently and. successfully the ordinary labors of life,'the common schools are and*should be objects of the deepest concern to the whole; community. To the few who desire and are capable of a still higher education, and who have an ambition to shine as professional men and in the arts of literature*, music, painting and poetry, the door is wide open for them to win distinction in those callings. But to levy taxes upon the people for such purposes is a spe- cies of legalized robbery, and even the recipients come to know it. Their sense of justice cannot fail to condemn it, it lowers their standard of morality and helps to debauch instead of purify- ing public opinion. It also breeds discontent on the part of those who. are educated, or attempted to be educated, to something above that for which they are fitted* It really disqualifies them for those duties and labors to which alone they are by nature adapted, so that not only great injustice but great demoralization is the result of a system which collects money by force from one man to educate the children of another man, for callings which they can never fill. The argu- ment sometimes advanced that this system is a benefit to the poor is an utter fallacy. The children of the poor man generally leave the schools with a common school education and go to work for themselves or their parents. Yet while the poor man’s children are thus at work his little home is taxed to give to the children of others a collegiate education. Nine in ten of those educated in the so-called high schools at the public expense, would far better pay their own bills than to have them paid by the people of the State. These,views are so manifestly just that I have no doubt they will ultimately prevail. Indeed there seems to have been already a cessa- tion of efforts to establish high schools, academies and colleges, and support them by taxation. So far as I can learn, the normal schools established in various parts of the State are, with two or three exceptions, wholly useless, and fail almost entirely to accomplish the objects for which they were established, and for which the State is annually paying large amounts of money from the Treasury. I recommend an inquiry into the working of these institutions, and a discontinu- ance of all those which fail to accomplish the purposes of their establishment. The following is a statement of the number and condition of the common schools, and the number of pupils instructed in them during the past year. The full particulars will be found in the annual report of the Superintendent of Public Instruc- tion. Common School Statistics for the Year end- ing September 30, 1878.* Total receipts, including bal- ance on hand; October 1, 1877, 111,793,637 67 Total expenditures ........... 10,626,505 69 Amount paid for teachers’ wages ..................... 7,756,814 31 Amount paid for school-houses, repairs, furniture, etc..... 1,363,429 57 Estimated value of school- houses and sites............. 30,147,589 00 Number of school-houses_______ 11,824 Number of school districts, ex- v elusive of cities........... # 11,270 Number of teachers omployed for the legal term of school... 19,948 Number of teachers employed during any portion of the year, 30,567 Number of children attending public schools...................... 1,032,052 Number of persons attending Normal schools.......................... 5,522 Number of children of school age in private schools...... . 113,864 Number of volumes in school district libraries.................... 751,534 Number of persons in the State between the ages of five and twenty-one years ..................... 1,615,256 Local Debt and Taxation. Whilst the State has paid all its debts, except about eight millions of dollars, and is rapidly reducing its expenses and taxes within reasonable bounds, most of the cities, counties and towns in the State are struggling under a load of debt, large expenses and heavy taxation. In looking over the long line of sufferers from these local burdens, it seems almost incredible that men of sense should have permitted themselves to be placed in such a condition. Of course, it never could have been done except under the influences of a false financial system, which seemed to deprive men of their reason, -and of all capacity to foresee the evil which they were bringing upon themselves and their children. They played with debt, and courted taxation as if for pastime. Many towns almost buried themselves with bonds, issued for railroads which have never been built, and covered their farms with mortgages for which they have received no consideration. N®w that the illusion is gone, they are deploring the mis-1 fortunes in which it has involved them. Some of them are even hinting at the dishonor of repu- diation. Others are appealing for legislative in- terference. It seems impossible to withhold our sympathies from any of them, but it is equally impossible to discover what material aid the State I can give beyond such authority, as it may be13 necessary to confer upon them, for making such arrangements as they may desire for the ulti- mate redemption of their own debts. Nothing can be done in this respect which will, in any manner, interfere with the sanctity of the con- tracts into which they have entered. They should understand that these contracts must be carried out in good faith by those who made them. The State can do nothing which will, in any form, amount to an assumption of these obligations, or any part of them. The first step to be taken by the localities towards their own reMef, is to stop at once and finally, the making of any addition to their present indebt- edness. However great it may be, they should at once resolve not to allow it to become any larger. In the next place the cities, counties and towns should insist upon a thorough reduction of their local expenses, which, like their debts, have been swollen beyond all bounds of reason during the unreasoning times that have prevailed. Sink- ing funds should then be established, which, with such contributions as can be made from year to year with the least possible inconvenience, will commence the reduction of the principal of the debt and wholly extinguish it within a certain period of ye ars. In many places where the debts are large this will seem a long and rugged path to complete relief, but it is the only one which I am able to discover or suggest. By pursuing it faithfully, the people will receive no small com- pensation for what they suffer in learning to re- duce their own personal expenses, and in having it impressed upon them in a manner never to be forgotten, that debts, both public and private, are an unmitigated evil and should never be con- tracted, except under the pressure of unavoidable necessity. Insurance and Savings Banks. In a (State with such immense commercial, manufacturing and mechanical interests, the bus- iness of fire, life and marine insurance is of very great importance. Its magnitude led to the con- clusion that the Legislature should take charge of it. For the purpose of subjecting great cor- porations to the control cjjf just and general laws, this was undoubtedly proper. But for the Leg- islature to undertake to administer the business fn alb its minute details was a step of more than doubtful expediency. All experience has shown that every legitimate branch of business is most successfully conducted when left to the manage- ment of those who understand it, with their hands as free from, and untrammeled by, legis- lative interference, as practicable. The assump- tion that intelligent business men do not know enough to manage their own affairs, and that the Legislature should undertake the task for them, is both erroneous and mischievous. Influenced by this unsound idea, the Legislature, twenty years ago, established the Insurance Department. The ostensible purpose of its establishment was to protect the public, the policy and stockholders of the insurance companies. Whilst it confined itself strictly to the accomplishment of that ob- ject, it did comparatively little harm and no good. Its whole history shows that the commu- nity would have fared much better without it than with it. People who wish to insure their property or their lives, if left to exercise their own discretion, will be more likely to select safe and well conducted companies in which to insure than tiiey will if they rely upon the direction given them by an agent of the State. The inter- meddling of a State official is almost invariably mischievous in its operation and results. I am informed that within the last sevem years thirty life insurance companies have failed, involving a loss to citizens of this State of $36,927,000. This shows how little protection the department gives. I am, therefore, of opinion that the wisest legis- lation in regard to the Insurance Department would be to abolish it, and to return its few necessary powers to the Comptroller’s office, whence they were taken. This step I advise, believing that it will benefit the parties interest- ed, and much redound to the credit of the State. The same general rule naturally applies to the business of banking. It may be claimed that, so far as savings hanks are concerned, the class of people who deposit their savings with them re- quire some governmental guardianship. But even this is doubtful. The hosts of savings banks, which have grown up as if in a night, flourished for a time, and then became insolvent, could never have gained the confidence of the poor people whose little1 all was lost by their op- erations if character and credit had not been given to them by the pretense that the State was the protector of their interests. In 1877, the Superintendent Whom the State had chosen, and who had served for several years as guardian of these institutions, was removed for negligence and incompetency, and almost the entire time of the veiy faithful and efficient deputy, into whose hands the work has fallen, has been occupied in saving what he could from the ruin into which so many of the savings banks fell. It is also a question worthy of consideration whether, if the State will not leave people and corporations to manage their own affairs in their own way, but persists in exercising a govern-14 mental control over them through such agents as it sees fit to appoint for that purpose, it ought not to be responsible to parties who suffer through the negligence or malfeasance of such agents? I commend to your consideration such meas- ures as will tend to a more speedy and less ex- pensive mode of proceeding for winding up the affairs of the insurance companies and savings banks that have failed, so that parties who have suffered by them may receive, at the earliest day possible, whatever may be saved from the wrecks of such institutions. Federal Interference at Elections. . A significant fact in connection with our recent election is the organized attempt of the Federal authorities to interfere with the suffrage of our citizens. This seems to me a step upon danger- ous ground. The scanty j ustification pleaded for it is that it is within the scope of Federal author- ity to supervise the election of Members of Con- gress. In the exercise of this supervision the general government pretends to find the right of passing on the qualifications of voters at the polls, and to make arbitrary arrests in the dis- cretion of Federal supervisors, thus preventing the person arrested from voting either for Mem- bers of Congress or State officers. But the Con- stitution of the United States provides that the qualifications of the electors of representatives in Congress shall, in each State, be those requisite for electors of the most numerous branch of the State Legislature. The Constitution of our own State, by virtue of which you hold your official station, declares what those qualifications are. It further casts upon you the duty of enacting laws to determine by proper proofs the persons entitled to the right of suffrage thereby estab- lished. It is not fit that the Legislature of a great State should sit calmly by while its chief prerogative is torn from its grasp, nor does it become an Executive to fail of warning words when such an usurpation is attempted, as the arrest by Federal officers of the voter at the polls. In the name of the people whose highest right is imperiled in this controversy, I protest against such an interference. I urge upon your notice the danger of permitting such proceedings to pass unrebuked. Suffrage is a people’s right, and, by our organic law, its regulation is com- mitted to the State authorities. It has never been yielded to Federal control, and a stern accounta- bility will be put on any servant of the State who neglects to combat the dangerous precedent of Federal interference with these reserved pow- ers of the State. Twice before has this imperti- nent intrusion on its jurisdiction been attempted. Twice before have able and courageous State Executives made manly protest, in which the Legislature and the people have sustained them. The danger and usurpation is not less now than then. As a question of highest moment, out* weighing all party interests and temporary advan- tage, I earnestly press it on your attention. A prompt and fearless protest on your part will stop this effort once for all. Your silent acqui- escence in the wrong will certainly induce its at- tempted repetition. The City of New York. In each of my previous annual messages, and in the reasons given for disapproving several bills relating to the government of the city of New York, I have expressed the opinion that a new charier, which should establish a local Legisla- ture for the city, and leave the people to govern themselves there, as elsewhere, was the only practicable and complete remedy for existing evils. As yet, nothing has been done in that direction. The people there seemingly prefer to continue victims of bad legislation, rather than attempt to maintain local self-government. Great commercial enterprise and the universal struggle for wealth seem to absorb all attention and to make men wholly indifferent to the laws which are necessary, not only for the preservation of their wealth when acquired, but also for their personal safety and comfort. To this general rule there are some honorable exceptions. But how much more suffering will be endured before the rule be changed, it is impossible to foresee. The great debt which overhangs the city, the army of useless officials and the extravagant sala- ries paid to them, are all due to laws which have been passed at various times by the State Legis- lature. Usually from one hundred to two hun- ' dred bills are introduced at each session of the Legislature relating to the government of the city. There is no reason to doubt that a large number will be presented at the present session. To what subjects they may relate, or what pro- visions they may contain, it is impossible to know. Whatever they may be, they should receive the closest scrutiny at your hands. If any thing can be done within the limits of your constitutional power for the relief of the city from the enormous salaries and taxes which the people are called upon annually to pay, it should be, and I trust will be, done. The experience of the past has shown, however, that many bills originated ostensibly for such a purpose are so changed and manipulated on their passage through the Legislature by experts and men of15 ! skill, who interweave the worst provisions along with the best, that it is necessary to exercise great care and vigilance in regard to them. There is no need of expert and extraordinary skill in the preparation of an honest bill for an honest pur- pose. The language of such a bill will be always plain, simple and easily understood. The sinis- ter and dishonest purpose is usually concealed under a skillful arrangement of crafty phrases. It will be a wise precaution to beware of bills which are said to be skillfully drawn. I am also of opinion that bills which are of great length and involve a variety of subjects are apt to lead to bad results. Their real meaning becomes involved, their provisions are conflicting and the construction to be put upon them doubtful. A much better and safer method will be to pass only such bills as embrace a single object, and are^learly and plainly expressed. But in this, as in all Other cases, it should be borne in mind that one of the worst evils of any community is a mass of unnecessary, conflicting and doubtful legislative enactments. Upon some subjects the statutes in relation to the city are already so numerous, confused and conflicting that even the courts are unable to construe them. Whatever may be done no addition should be made to this mass of confusion. There is now pending in the courts an action involving the constitution- ality of the statute establishing the board of estimate and apportionment. I understand that the question will soon be brought before the court of last resort, and I trust the great import- ant public interests involved in it will lead to its early and thorough consideration and final decision. Excise Laws. Again, as in my last annual message, I advise that you devote careful attention to the condi- tion of our excise laws. No branch of our law needs to be so simple, concise and intelligible as this. Excise administration, especially in the city of New York, is now marked by continual broils and entanglements. The law is transgress- ed as often from ignorance as from design. Pun- ishment is of tener inflicted for its accidental than intentional violation. Continual appeals are made to the Executive to relieve the errors of its working. These clumsy complications are un- worthy an intelligent people. It is true that the subject of excise law presents a great social prob- lem, but it is also true that a sensible and prac- tical solution of it ms*y be reached if its discus- sion be approached in an impartial and unpreju- diced spirit. I commend the whole matter to your reflection as one of the most important likely to be brought before you, and suggest that you substitute a clear, symmetric and complete statute for the present laws on the subject. Unemployed Labor — Revival of Easiness* The evils which have arisen from great num- bers of laborers being thrown out of employment in consequence of the depression and disasters in most branches of business, still continue, but 1 am happy to believe that they are, to some ex- tent, diminishing. That a substantial revival of business has commenced, and that, too, upon a solid foundation, there can be no reasonable doubt. The great intere^ which in this country underlies and supports all others is agriculture. With our immense territory, embracing every variety of soil and climate, and producing, with proper cultivation, every thing necessary for the support and comfort of the human family, there is no reason why we should ever be called upon to pass through such eras of disturbance and dis- tress as have marked the last five years. But by the enormous inflation of the currency, the fictitious increase of prices the overtrading and overacting in all branches of manufactures, mining, railroad building and other enter- prises, men were seduced from the more quiet occupation of agriculture into employ- ments which, in their very nature, could not endure. Out of these they were thrown when the inevitable disasters came, and hence we have had, and still have, so many unemployed labor- ers in the country. But the number diminishes as circumstances force a readjustment of the proper fields of labor. Our primary sources of wealth, the soil, its cultivation and its products have been yielding, to the ^fullest extent, their fruits during the last two years, producing a very large surplus which has been and is now being moved forward.over the various channels of com- merce to all parts of the world. Agricultural laborers have everywhere found full employment. The transportation of their crops, and of the goods returned in place of them, has given in- creased employment to the vessels upon all our lakes, rivers and canals, to the trains upon our rail- ways, and to all the laborers employed in the busi- ness of transportation. Here is the groundwork of renewed properity. It is going on and can- not fail to continue until legitimate business is fully revived from one end of the country to the other. All sections of the Union, north and south, east and west, are feeling alike this new and sub- stantial business life, and all efforts to embarrass it or retard it, should be regarded and treated as hostility to the best interests of the country. At the same time there should he no mis-‘ 16 understanding as to what is meant by revival of business. By that phrase too many people still suppose 'that the excitement and wild schemes which prevailed in years gone -by, are to be renewed; that wages are to be doubled, prices more than doubled, and that men are to make fortunes out of nothing. This is not what is meant by*a reyival of busi- ness. It is not business, it is madness. A restora- tion of it would be simply to resume the road to the-inevitable downfall and disasters from which we have been so long suffering. There is ho hu- man power which can raise the dead. There is no magic by which debts can be paid without money, nor by which individuals and corpora- tions hopelessly insolvent can be restored to cred- it and prosperity. The revival of business, which is desirable and which is surely coming, unless the people shall again be reft of their senses, means the production of all those com- modities for which pur country is specially adapted, the sale and exchange of all the surplus over and above what is needed for our own con- sumption ; the mining, manufacturing, railroad building and commercial traffic, which are fairly demanded by these avocations and by the for- eign market for them, and the payment of all laborers employed in them with honest money for honest work. As this comes on, labor will adjust itself in accordance with the demands for it, and employment in one way or another Will be found for all. We shall cease to hear the cries for help. All honest men will be found able to nelp themselves in an* honest way. Conclusion. I have thus made the particular suggestions in my power upon the condition of the State and the vast interests which now pass to your legisla- tive care. In. the broad field of your general action your conscience and intelligence must guide you. Your first official act is a solemn oath to support the Constitution of the United States and the Constitution of the State of New York. These are the supreme law of the land which no legislator or public officer may trans- gress. All acts in conflict with either of them are null and void. The State Constitution is the creation of the people establishing a government for their protection and defense as citizens of a free and independent commonwealth. Strictly obeying it, you cannot go far astray. These are a few of the great lights given for our guidance. The functions which we exercise are committed to us as a sacred trust. The gov- ernment which we control as public officers is not our own, it belongs to those who placed us here. The laws which we enact do not express pur will, they are the voice of the people. The money which we handle belongs to them, and not to us. We can only take it from them for the legitimate expenses of government. More than this is robbery. Official generosity is offi- cial crime. Every needless tax cuts some com- fort from a thousand homes. It means less food, less fuel, less cheer to many families. L. ROBINSON.