miums which during the year or part of a year ending on the next preceding first day of September, shall have been received by any person who shall act in the city and county of New York, as agent for or on behalf of any individual or association of individuals not incorporated by the laws of New York, to effect insurances against losses or injury by fire in the city of New York, said tax to be paid to the fire department of New York. Before any such agent enters on his duties, he must give a bond in the penalty of $1,000, conditioned to render an annual account, under oath, of all such premiums, and pay the duties. For every insurance effected without filing this bond he shall forfeit $1,000. The act is made applicable to other cities and villages of the State, except that the penalty of the bond is $500 instead of $1,000, and the penalty for insurance without filing the bond is $200 instead of $1,000.

By the 427th section of the code of procedure, as amended at this session, it is provided that an action against a corporation, created by, or under the laws of any other State, government, or country, may be brought in the Supreme Court, the Superior Court of the city of New York, or the Court of Common Pleas for the city and county of New York, in the following cases :-By a resident of New York for any cause of action; by a plaintiff not a resident of New York, when the cause of action shall have arisen, or the subject of the action shall be situated within New York.

The act to enforce the responsibility of stockholders in certain banking corporations and associations, and to provide for the prompt payment of demands against such, corporations and associations, provides for individual responsibility of stockholders equally and rateably for the amount of any debt or liability, with interest, to the extent of their respective shares of stock in any such corporations or associations, and makes most careful and efficient provisions for bringing such corporations before the courts for inquiry into their solvency, appointment of receivers, &c. It is one of the most important laws of the session.

Another bill provides that the stocks which banking associations, or individual bankers, now or hereafter to be organized under the provisions of the act "To authorize the business of banking," passed April 18, 1838, and the amendments thereto, shall hereafter deposit with the Controller, shall be New York State stocks, in all cases to be or to be made to be equal to stock producing six per cent per annum, or at least one-half the amount so deposited shall be in the stocks of the State of New York, as before mentioned, and not exceeding one-half in stocks of the United States, in all cases to be or to be made to be equal to a stock producing an interest of six per cent per annum; and it shall not be lawful for the Controller to take such stocks at a rate above their par value, or above their current market value.

The questions relative to railroads were by far the most exciting topics of the session, but we propose to make them the subject of a separate article. A proposition for the removal of the quarantine hospitals from their present position on Staten Island to Sandy Hook, was brought forward at an early day. Much difference of opinion prevailed among the navigators, merchants, and pilots who testified, as to whether Sandy Hook bay would prove a safe anchorage ground at all seasons, without the erection of a costly breakwater, at the risk of great injury to the harbor, and consequently to the commerce of New York. A compromise was finally made, by which, if, after examination by the commissioners of the land office, Sandy Hook shall be adudged a proper and convenient site for said hospital, negotiations are to

be entered into with the government of the United States and the State of New Jersey, for a cession of so much land as shall be necessary. If a cession is obtained, hospitals for infectious and contagious diseases are then to be erected thereon, for which $50,000 is appropriated. To these hospitals all patients sick with contagious and infectious diseases are to be transferred from the incoming ships. The effect of this arrangement, if carried out, will ultimately be in reality to transfer the whole quarantine; though the health officer has it in his power to station vessels wherever he thinks proper. If the plan for hospitals at Sandy Hook should not succeed, the State will be able to return to the old or marine hospitals, for want of any better place. As the bill was originally framed, the marine hospital property was to be sold, and Sandy Hook bay was made the quarantine ground for all vessels coming into the port. The passage of the bill was the result of a conviction that a removal of the quarantine from its present populous neighborhood, would have to take place sooner or later, although the present objections against the Staten Island quarantine might be in a great measure obviated by judicious regulations for separating those who were sick of diseases not contagious, from those afflicted with yellow fever, cholera, small pox, and ship fever, for which purpose the hospitals of the commissioners of emigration on Ward's Island, in the East River, furnish every facility. But the number of emigrants is increasing every year, as is also the population on Staten Island, which has become almost a part of the city, by reason of the constant intercourse through the ferries, all which seem to indicate that a removal of the whole establishment must be made at some future time; and the erection of a hospital on Sandy Hook now, will test the suitableness of that place for a permanent quarantine, and always be useful at a time when any malignant complaint is spreading. If it should prove to be necessary to erect any artificial works in order to make a good harbor at Sandy Hook, there would be serious objections to this; and it may be necessary at certain seasons to use the old marine hospital for the same purpose.

In this connection came up another very important and embarrassing question. Heretofore the hospitals, under the control of the health officer and commissioners of emigration, have been supported by a tax upon passengers arriving in the port of New York. In the case of Smith vs. Turner, the Supreme Court of the United States decided that the statute of New York, under which this tax was imposed, was unconstitutional, as being an interference with our regulations of commerce with foreign nations, and among the several States. This decision placed the commissioners of emigration in a very critical position, with thousands of sick emigrants in their charge, and no means of collecting funds for their support. The Legislature referred it to the Controller and Attorney General to report "what measures ought to be adopted to protect the people of New York from the introduction among them of disease and pauperism from foreign countries, and from public burdens consequent upon such introductions." The following extract from their report shows the view they took of the decision of the court :-"A tax upon the passengers, while on ship-board, is declared unconstitutional; but, when on shore, he ceases to be a passenger, and it is otherwise. So long as the passenger cannot be taxed, the master of the vessel cannot, it is believed, be taxed on account of him; first, because it would be doing that indirectly, which is forbidden to be done directly; second, because the master of the vessel is himself at the time engaged in commerce, and cannot be interfered with while so engaged, without interfering with the regulations of

commerce; and it is doubtful whether the owners or consignee, though on shore, would be regarded differently. A ship while in port, or even on the high seas, prosecuting her voyage between a foreign country and the United States, may be taxed by the municipal authority of the State where the owner resides. But a distinction seems to be drawn between the ship, which is the instrument of commerce, and the goods and passengers on board, which are the subjects of commerce; in no other way can the different propositions contained in the opinion of the court be reconciled with each other. In view of the case of Smith vs. Turner, the Controller and Attorney General feel constrained to entertain the opinion, that no State tax upon a passenger, or upon the master, owner, or consignee of the vessel, on his account, can be imposed until the voyage is ended, and the passenger landed; but that such passenger, and the owner and consignee of the vessel, become subject to the operation of State Legislation so soon as a passenger sets his foot on shore."

In conformity with this opinion, which was given "with much diffidence," the Legislature passed a law by which, in substance, the master or commander of the vessel is required, under a penalty, upon the master, owner, or consignee, within twenty-four hours after the arrival of the vessel at the city of New York, to report in writing, on oath or affirmation, to the Mayor of the city of New York, the name, place of birth, and last legal settlement, age and occupation of every passenger, and also of such passengers as had on the voyage been permitted to land, or go on board of some other vessel, with the intention of proceeding to said city; the owner or consignee of such vessel, resident within the State of New York, after such report, are required to give a bond in a penalty of $300 for each and every passenger reported, with two sureties, and conditioned to indemnify the people, or their agents or officers, and the cities, towns and counties of New York, against all charges and expenses which may be incurred for the relief or-support of the person named in the bond, or for the medical care of such person, if received in the marine hospital, or any other institution for medical treatment, under their charge, under penalty of $500 upon such owner or consignee, in case of neglect or refusal to give such bond; but such owner or consignee, within three days after the landing of such passenger, may commute for the bond so required, by the payment of one dollar and fifty cents for each of such passengers, in lieu of such bonds, which commutation money when received shall be paid over to the Chamberlain of the city of New York, to be expended by the commissioners of emigration for the support of the marine hospital, and for the support and medical treatment of destitute emigrants, the surplus of such commutation money to be invested for the future use of said marine hospital, and for other expenses to be incurred for the support or medical treatment of destitute emigrants.

It has been very much the fashion in every State to ridicule the Legislature, and complain on account of hasty legislation and waste of time. The principal inquiry has been, not how much good, but how little mischief they have done. It must be confessed there is too much reason for these complaints in every State; and when we look over the statute books, and see the confusion into which all departments of business are thrown by frequent and ill-advised changes of the law, we cannot but subscribe to the doctrine that the world is governed too much.

In some of the States the Legislature meets but once in two years, and no complaint has been heard of the operation of this provision. In Maryland, we believe, the sessions are also limited in duration. A large amount is thus

saved to the State, and the business equally well done. Owing to the territorial extent and commercial importance of the State of New York, it seems to be necessary that the Legislature should meet at least once a year. The constitution provides that "the members of the Legislature shall receive for their services a sum not exceeding three dollars a day, from the commencement of the session, but such pay shall not exceed in the aggregate three hundred dollars." It would have been better to have declared that the pay should be "three hundred (or four hundred) dollars for the session," be the same long or short. Members would not then measure their services by the num→ ber of pay-days, as many do now, and would take sufficient time to do the public business properly, instead of hurrying bills through, during the last weeks of the session, with but imperfect examination. While there would be no danger of their remaining in session too long, with such compensation, there would, on the other hand, be little reason for fearing that they would not sit long enough. Still the provision, as it now stands, has its advantages -members are compelled to speak to the point, and not too long, if they would forward their favorite measures.

The experience of all previous Legislatures seems to show that, were the sessions to last six months, there would be nearly as much business on hand at the adjournment, as at the end of a three months' session.

There is another advantage about limited sessions. Better men can be induced to go, when there is an assurance that they will not be detained from their family and business beyond a certain time. To a majority of the members, the per diem compensation does but little more than pay necessary expenses; and those whose services are worth anything to the State, are mostly such as have something to do at home. It has consequently been generally the case that a large proportion of the representatives consist of young men, who are more ambitious and industrious, perhaps, than older Solons, but are wanting in that experience which is of so much importance. This latter difficulty would be obviated if the same men were more frequently re-elected.

The Legislature itself is the best school to learn in, and any one who has been present at its sessions must have observed the great advantage which the older members possess over others. The same claims come up before each successive Legislature in perhaps some new form; and unless the old members are on the constant lookout, continual impositions are practised, and the State is swindled by the harpies who throng the lobbies.

Again, nothing but constant familiarity with legislation in drafting bills, &c., can enable one to understand the true bearing of a law, and whether the language is made to express all that is intended, or is susceptible of misconstruction.

In most of the States, the members of the popular branch are elected annually, and it is too much the custom to present new candidates every year, each town in the county and district taking its turn. This arises in part from the numerous objects of local interest, the legislation upon which is more or less controlled by the members of that section. In the Legislature whose proceedings we have had under consideration, a law was passed conferring upon boards of supervisors or county legislatures additional powers in relation to such matters, and thus dispensing with the necessity of coming to the Legislature whenever it is desirable to divide a town, to change a county seat, to erect a new jail or court-house, and levy a tax therefor, or to fix the time and place of a town meeting. Serious apprehensions were entertained lest this bill should have the effect of producing too much legislation in the

counties, at a heavy expense, but the provisions are such as to guard in almost every way against hasty or improper legislation. A vote of two-thirds is required on all important measures, with notice to all the towns affected, with other similar guards. It was further objected that the law would keep the towns in a constant ferment and bickering among themselvess, by the facilities for agitating all kinds of projects which a legislature on the spot would afford; whereas, where they required to go to Albany, only those measures in which there was a large county interest involved, or which were really necessary, would be demanded; that it would be increasing the expense of legislation, with the difference that it would be expended in local legislation instead of one central power. These objections would apply with almost equal force to the National and State Legislation. There can be no doubt that there is much more legislation than there would be if there were no Legislature but Congress; but no man would pretend that Congress should be our only Legislature. It is desirable that members of a representative body should take an interest in most of the subjects which come before them, and vote understandingly. What interest can a member from the city of New York take in a bill to regulate the killing of game or catching of fish in the county of Cattaraugus, or a bill to authorize, a tax for building a court-house in the county of Chemung, or to designate the place for holding the next town meeting in the town of Bullville. These bills generally pass as a matter of course, unless the members from that county oppose them, or are divided in opinion on the subject; in which latter case, the question is not unfrequently decided more from personal influence than from any serious consideration of the merits of the case. Or perhaps it forms an instrument for log rolling in relation to some bill of great public importance, some charter, or private claim. In a board of supervisors, every person would feel a personal responsibility for every vote he should give on these questions, and they would be decided more on their merits; or, if there was bargaining for votes, the interests of the whole State would not be made to turn on a local matter.

A year's experience will show whether this system is to work well, and, in case it proves successful, not only will it be an example worthy of imitation in other States, but it will lessen the inducements for changing the representation in the legislature every year. Or, if political aspirants must be gratified, let efficient members be re-elected at least once.

The fault at the late session of the New York Legislature seems to have been instability, in passing bills one day and reconsidering them the next, and this proceeded from the very difficulty upon which we have been commenting. A large majority of the members were in the Legislature for the first time. In the early part of the session, reliance could be placed on the reports of standing committees, and every question was discussed in the committee of the whole; but latterly bills were introduced on short notice, hastily examined by standing committees at great disadvantage, and ordered to a third reading without further discussion. In such cases the standing rules are constantly suspended, by unanimous consent. Almost every member has some favor of the kind to ask, and consequently will not object to a bill's being ordered to a third reading when asked by others, although he may not have heard it read through once. The new constitution of New York requires the yeas and nays to be taken on the final passage of every bill. This takes up a great deal of time, but it throws a responsibility on every member which might otherwise be evaded. A majority of all the members