although incidentally, benefit may result to the districts through which the roads run and to the State at large. The State government has no moral right to tax the whole people in aid of these roads; at all events, not without their express consent. Not a town along the line of these or other roads can tax itself for a similar purpose, without the consent of a majority of those representing a majority of the taxable property in the town; yet this bill proposes to tax the whole State, without even submitting the question to a vote of the people.

The Constitution (section 9, article 7) forbids the loaning or giving the credit of the State, in any manner, in aid of any individual, association or corporation. The State cannot even create a debt, and with the money borrowed promote any single work of a public character, without the consent of a majority of the people, expressed through the ballot box. It ought not to (and in my judgment it cannot, without violating the spirit of the Constitution) tax the people in aid of any railroad or other private corporation; certainly not, without a like consent. I know there are many, who have always been opposed on principle to granting State aid to railroad or other corporations, who feel that perhaps an exception should be made in favor of the two roads for whose benefit this bill has been passed, that the sum now asked for is small, compared with the great result of securing the early completion of the Midland road and the opening of the Adirondack region, and that the expenditure of two millions of dollars will be soon repaid, in the addition insured to the general prosperity and wealth of the State. We must not, however, shut our eyes to the inevitable consequence of yielding the principle, by making an exception in this instance. It would justify and encourage, in the future, applications from every quarter for similar aid. Every road hereafter to be

• Const. 1846, art. 7, § 12.

built would expect to receive it, and the demand upon the State treasury would be almost without limit.

I cannot, therefore, sign this bill, which imposes a tax of two millions of dollars upon the already heavily taxed people of this State, without their consent being first asked for and given."

December 29.

Veto of the following bills:

“An act in relation to the doubling of locks on the western division of the Erie Canal."

"This work was let to the lowest bidder. The work is still incomplete, and the bill proposes that the Canal Commissioners shall have power to increase the prices for work named in the contract, leaving the contract otherwise in full force; so that the contractors, having excluded their competitors by a low bid, would have the benefit of the higher prices named in the unsuccessful proposals. My attention having been recently called to the question of the constitutionality of such legislation, which is not without precedent, I have come to the conclusion that it is in violation of section three of article seven of the Constitution -see last sentence thereof."

"An act in relation to removing wall benches and constructing vertical and slope walls between Butternut Creek feeder and lock forty-seven of the Erie canal."

"Not approved, for same reasons given in relation to bill immediately preceding."

"An act to provide for a special election to fill the vacancy in the 16th assembly district of the county of New York, caused by the resignation of James Irving."

"No necessity for bill, the resignation being made about the close of the session and no extra session to be called."

"An act to amend an act entitled 'An act to provide for the improvement of the navigation of the Racket river and of the hydraulic power thereon, and to check freshets therein,' passed April 2d, 1869."

"Amended on last day of session unexpectedly to parties whose private interests were affected, and without a chance for them to be heard."

“An act to amend an act entitled ‘An act to authorize the town of Wilna in the county of Jefferson, the town of Diana in the county of Lewis, and the town of Edwards in the county of St. Lawrence, to issue bonds and subscribe and take for said towns, capital stock in the Black River and St. Lawrence Railway Company,' passed April 2d, 1868."

"Repeals a condition under which subscriptions were originally made, and is unjust to taxpayers."

1872. JANUARY 2. LEGISLATURE, NINETY-FIFTH SESSION.

JOHN T. HOFFMAN, Governor.

ANNUAL MESSAGE.

EXECUTIVE CHAMBER, ALBANY, January 2, 1872.

}

TO THE LEGISLATURE.-It is my duty to make known to you the general condition of the State, and to recommend to you such matters as I judge expedient.

STATE DEBT.

The unpaid principal of the war bounty debt was, on the 30th September last ($16,887,206.57) sixteen millions eight hundred and eighty-seven thousand two hundred and six dollars and fifty-seven cents. This portion of our debt will, by the annual tax provided by the terms of the act author

izing the loan, be paid, in full, in about five years. It was contracted and is to be paid in our present legal tender

currency.

The residue of the State debt, which amounts to ($12,595,495.95) twelve millions five hundred and ninety-five thousand four hundred and ninety-five dollars and ninetyfive cents, was contracted before the war, in gold, and the honor of the State and good faith demand that it shall be paid, both principal and interest, in gold coin. It is to be paid (except $48,860.11, loan of credit to the Long Island Railroad) out of revenues pledged for the purpose, and not by taxation, unless the sinking funds' shall prove insufficient to enable the State, on the credit of such funds, to procure the means to satisfy the claims of the creditors of the State as they become payable.'

Of, this last-mentioned species of debt ($2,257,900) two million two hundred and fifty-seven thousand and nine hundred dollars of principal will be due on the 1st of July next, and ($847,500) eight hundred and forty-seven thousand and five hundred dollars of principal will be due on the 1st of January, 1873. The Comptroller is of the opinion, in which I concur, that there will be no difficulty in obtaining the means of meeting these payments, on the credit of the sinking funds, as authorized by the Constitution."

The entire State debt was, on the 30th of September last, ($29,482,702.52) twenty-nine millions four hundred and eighty-two thousand seven hundred and two dollars and fifty-two cents, the amount of principal paid in the last year being ($2,926,441.74) two million nine hundred and twenty-six thousand four hundred and forty-one dollars and seventy-four cents.

TAXES.

The State tax levied the past year is five mills and seventy-nine one hundred and twentieths of a mill. Of this tax, two mills were required for the annual payment on the

a Const. 1846, art. 7, §§ 1, 2, 3; Am. 1854; also § 12.

war bounty debt; one mill and a quarter for the support of the public schools; three-eighths of a mill to meet payments for work on the new Capitol; seventy-nine one hundred and twentieths of a mill for canals; and one mill and threeeighths of a mill for general purposes. The total yield of the State tax is eleven millions six hundred and thirteen thousand nine hundred forty-three dollars and sixty-one cents.

NEW CAPITOL.

The new capitol commissioners report to me that of the six hundred and fifty thousand dollars appropriated by the Legislature at its last session, they have expended three hundred and forty-three thousand six hundred and thirtyone dollars and thirty-one cents up to the twenty-second day of November last; making, with what has been previously reported, about two millions thus far expended on the construction of the building, independent of about six hundred and fifty thousand dollars paid for land.1

SALT SPRINGS.

The quantity of salt from the Onondaga salt springs, inspected during the last fiscal year, was eight millions five hundred and seventy-nine thousand one hundred and ninety-three bushels. This shows a decrease of production, compared with the previous year, of two hundred and seventy-two thousand and fifty-four bushels. The net revenue to the State has been twenty-six thousand six hundred and fifty-six dollars and seventy-nine cents, which is seven thousand two hundred and fifty-four dollars and twentyeight cents less than that of the previous year.

BANKS.

On the first of October last, sixty-nine banks were doing business under the banking law of this State. During the

1 Chapter 736, approved May 15, imposed a tax of one-half of one mill for the purposes of the new capitol.