perform certain duties, among which was the erection of a structure on West Bank, in the lower bay of New York, to be used for a quarantine hospital. Pursuant thereto, the Board, in the month of August of that year, awarded the contract for the erection of the structure; but they were delayed by an injunction from executing the contract until the 11th of September following. Owing to this delay, it was not until the 14th of January, 1867, that the first cribwork, which was to constitute the foundation of the structure, was sunk in its proper position. The inclemency of the weather soon after compelled the temporary suspension of the work, but it was resumed, and from time to time prosecuted as the elements permitted, until the foundation was completed. It is now considered to be in proper conCition for the erection of the buildings thereon, and it is probable that these will be finished during the present

season.

The erection of this structure was regarded as a very doubtful experiment by many who believe that the first attempt would demonstrate its impracticability at so exposed a point in the waters of the bay. But I am advised by competent judges that its success can no longer be considered problematical.

In performing the duties enjoined upon them, the Board found themselves embarrassed by the restrictions of the act by which they were created. It authorized them to enter into a contract for the erection of the structure, but, in terms, gave them no power to modify it or to guard against emergencies or to make alterations which might prove to be necessary in the progress of the work. A recent and severe storm has tested the strength of the structure more thoroughly than it had before been tried. It stood the test-nevertheless, I would suggest that an addition to the rip-rap should be made for still further security.

In view of doubts existing as to the powers of the Board, I recommend such legislation as may be necessary to enable them to accomplish their work.

By an act passed at the session of 1868, the same Board was authorized to erect another structure on West Bank, to be used for a boarding station for quarantine purposes. Pursuant to that act they have entered into a contract and I am advised that the work is now in successful progress. Only fifty thousand dollars ($50,000) was appropriated by the act, but it was generally supposed that a sum of fifty thousand dollars ($50,000) which had been appropriated in the Supply Bill of 1867, for the erection of a place for the temporary detention of passengers under quarantine, could be applied to this purpose. A doubt, however, has been suggested, whether the act of 1867 is not, in this respect, wholly superseded by a subsequent enactment. I respectfully recommend whatever legislation may be necessary to complete this work, so essential to the due administration of our quarantine system.*

The report of the Commissioners, which will be laid before you, will contain the statistics in reference to diseases treated under quarantine during the past year.

CATTLE DISEASE.

During the past summer a contagious disease, known as the Texas cattle disease, made its appearance in the Western States, and measures were immediately adopted by the Commissioners appointed for the purpose to prevent its introduction into our State. These measures, I am happy to say, proved so successful that but few animals died of the disease, and in every instance it was confined to the farms on which it originally appeared. A full report will be presented to the Legislature at an early day. It is estimated that within this State there are twelve hundred thousand (1,200,000) cattle, the annual value of their products being upward of twenty-four millions of dollars ($24,000,000). The protection of this source of wealth is a matter

The supply bill, chapter 822, passed May 10, appropriated $132,491 for work on the west bank quarantine establishment.

of so much importance to our agricultural population, as to merit the continued attention of the Legislature. I am informed that the act for the prevention of infectious diseases among cattle, passed April 20, 1866, needs amendment in order to enable the Commissioners to act with the efficiency necessary to secure the objects of the law. I recommend the subject to the careful consideration of the Legislature."

IMMIGRATION.

During the past year the number of alien immigrants landed at the port of New York, was 213,708, showing a decrease from 1867, of 29,023. This decrease may be attributed to the still unsettled condition of political affairs, and the competition of other States, which, in order to attract immigration to themselves, have established direct steam communication with European countries. The Commissioners of Emigration during the past year have improved the lands and buildings and the facilities for caring for the sick and destitute on Ward's Island. They have also established a labor exchange in connection with the landing depots at Castle Garden, by means of which they have been enabled to supply the demand for labor from various parts of the country, and to secure immediate employment for many immigrants. Over thirty thousand orders for male and female immigrant labor have been filled from this bureau of the department. For more detailed accounts of the workings of the Emigrant Commission, you are respectfully referred to their annual report, which will shortly be communicated to you.

For information in regard to the various other commissions in the Metropolitan district, and other district commissions and boards in the State, I respectfully refer you to the several reports, which will be duly transmitted.

5 Chapter 271, passed April 21, contained provisions intended to prevent the introduction and spread of infectious diseases among cattle, sheep and swine.

CIVIL AND CRIMINAL CODES, &c.

The codes prepared by the two commissions organized under the Constitution have heretofore been presented to the Legislature. The Practice Commission, created pursuant to the twenty-fourth section of the sixth article, has reported codes of civil and criminal procedure; and the Code Commission, created pursuant to the seventeenth section of the first article, has reported civil, penal and political codes. A book of forms has also been prepared, adapted to the code of civil procedure. These volumes were designed to lay before the people, in a concise and systematic form, the whole body of the law, common and statutory, with formulas for general use. Much labor has been expended by the Commissioners upon their work, which has commanded considerable public attention. The code of civil procedure has been, to a great extent, adopted by sixteen states and territories; the code of criminal procedure by ten of them, and the civil and penal code, the last reported, has been adopted by two of the territories. In view of the great importance attached to the subjects embraced in these various reports, I commend them to your early consideration.

If they do not command the approval of the Legislature, I respectfully suggest the propriety of prompt action to secure a new revision of the statutes of the State, as well as an immediate reform in our criminal laws.

I particularly recommend that provision be made by statute that in all cases of murder, where the degree of premeditation or the circumstances attending the homicide do not, in the opinion of the jury, justify punishment by death, they may render a verdict of murder of a less degree, to be punished by imprisonment for a term of years, the maximum of which shall be fixed by law.

METROPOLITAN DISTRICTS AND COMMISSIONS.

The Constitution of the State, in terms, recognizes for the purposes of local government, counties, cities, towns

and villages, and no other territorial divisions. It directs that all officers, whose appointment is not provided for by it, shall be elected by the electors or appointed by the authorities of the locality within which their powers are to be exercised, distinctly recognizing the right of electors in local communities to choose their own officers, and, as they bear their own burdens, to administer their own affairs. The plain spirit of the Constitution has been clearly violated in the creation by the Legislature of other geographical divisions than those fixed and established by the organic law. It is true the highest court of the State, by a bare majority vote, held this legislation valid; but it has, nevertheless, been very generally admitted to have been a partisan contrivance for power, and if not an open violation, at least an evasion of the Constitution. One of these districts, called the Metropolitan District, embraces the counties of New York, Kings, Westchester and Richmond. The people of these counties and of the cities of New York and Brooklyn, have thus been deprived of the right of managing their own local affairs in many important particulars, especially with reference to matters of health, police, and excise; and these interests have been committed to officers appointed by State authority, who do not represent the majority of the inhabitants of the respective counties.

The effect has been, virtually, to give to the political minority in these districts the power of governing the majority. This never was contemplated by the framers of the Constitution, whose manifest intention was that power and responsibility should go together. I unhesitatingly recommend the repeal of all laws creating these district commissions, and the restoration to the people of every county and city in the State of the constitutional power to regulate and manage their own local affairs. Whatever theory may have been advanced originally in regard to the

c Const. 1846, art. 10, § 2.

d See People ex rel. Wood v. Draper (1857), 15 N. Y. 532.