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February 12. To the Assembly: Transmitting the annual report of the Governors of the New York Hospital. March 2. To the Assembly: Transmitting a communication from the War Department, requesting the cession of additional land purchased by the United States for use in connection with the Watervliet arsenal.12

March 2. To the Assembly:

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"GENTLEMEN.—I have been requested by a committee of the New York Law Institute' to lay the accompanying papers before the legislature. The chancellor's reply fully confirms the impression, which is, I believe, universal with the profession, that the relief prayed for, is indispensable to the due administration of justice. Allow me, therefore, to recommend the subject to your early and favorable consideration.13

Albany, March 2d, 1829.

M. V. BUREN."

The accompanying memorial recommended the appointment of a vice chancellor for the first circuit.

March 3 and 4. To the Assembly and Senate respectively:

"GENTLEMEN.-In the communication which I had the honor to make to the legislature at the commencement of the session, I apprised you that the act authorizing the employment of counsel to assist in the prosecution of persons charged with the abduction of William Morgan would expire in the month of May next. I have since appointed John C. Spencer, Esq. to be such counsel, in the place of

12 The cession of additional land for the Watervliet arsenal was made by chapter 332, passed April 20, 1830.

13 An assembly committee in a report submitted March 18, recommended the creation of the office of vice chancellor for the first circuit, but no act on the subject was passed at this session. Chapter 16, passed January 28, 1831, created the office, and prescribed its duties. This vice chancellor was required to reside in the city of New York.

Daniel Moseley, Esq. who has resigned the same in consequence of his appointment as circuit judge.

In a letter from Mr. Spencer, addressed to a member of the Senate and communicated to me, he recommends a continuance of the act for another year, expresses his opinion that no alteration in it is expedient or necessary, and adds, that the continuing it in force ought to be disconnected with any provision or proposition whatever. In a more recent letter received from him by me, he repeats his convictions of the urgent necessity that the act should be kept in force for at least one year longer, and requests me to recommend the subject to your attention.

Believing the original measure to be a very proper one, and concurring fully in the views expressed by the special attorney, I take the liberty of soliciting your early and favorable attention to the subject. [See note 7.]

Albany, March 3d, 1829.

M. V. BUREN."

March 12. To the Assembly: "GENTLEMEN.-I have the honor to lay before you a letter from Mrs. Elizabeth Hamilton, first directress of the Orphan Asylum of the city of New York, together with a petition soliciting the aid of the legislature. The facts stated in the communication signed by this venerable and worthy matron, showing the successful operations of the institution over which she presides, and in the prosperity of which she takes so lively an interest, reflect the highest honor on those to whom its affairs have been entrusted; and cannot, I am confident, fail to secure the early, respectful, and favorable consideration of the legislature.1 14

Albany, March 12, 1829.

MARTIN VAN BUREN."

The journal does not contain Mrs. Hamilton's letter.

14 Chapter 159, passed April 17, 1829, revived the act of 1807, incorporating the Orphan Asylum Society in the city of New York, and continued it in force until the 1st day of January, 1860. The act also confirmed the recent election of trustees, and contained details relating to administration.

GOVERNOR VAN BUREN'S RESIGNATION.

March 12. The Governor sent the following communication to the Senate and Assembly:

"GENTLEMEN.-The President, with the advice and consent of the Senate, has appointed me Secretary of State of the United States; and I have felt it my duty to accept the unsolicited and distinguished honor which has thus been conferred upon me.

This decision makes it necessary that I should resign the office of Governor of this State, to which I have recently been elected.

The high and just distinction universally accorded to this office, and the flattering manner in which it was bestowed upon me by the people, are of themselves sufficient to impose upon me, in the step I am about to take, a responsibility of the most impressive character. But these considerations, imposing as they are, are greatly enhanced by the deep consciousness I entertain of the many and unmerited favors conferred upon me by this my native state - favors which have excited on my part feelings of gratitude, that will, I hope, be as permanent in their influence, as they were just and sincere in their conception. The latter portion of my public life having been chiefly devoted to the affairs of the general government, I indulge the hope that the place to which I have been called, will enable me to make myself more useful, not only to our fellow citizens of the Union, but to the people of this state, than I could be in my present station. For although the state of New York, from the extent of her territory, the abundance of her resources, and the magnitude of her population, possesses in herself the elements of a great empire, and already presents interests deserving the highest care; yet, under our confederated system, these very considerations give to her a paramount interest in the just operation of the federal government. It is therefore under the full conviction that our constituents are at least as deeply inter

ested in the successful conduct of the important affairs with which I am hereafter to be connected, as in the administration of those which appertain to the chief magistracy of this state, that I have come to the conclusion already stated. And with these impressions as to the course of public duty, I do hereby resign the office of Governor of the state of New York, together with that of Regent of the University thereof.

The few months, during which the executive power has been entrusted to my hands, have been sedulously devoted to the service of the state, though I cannot flatter myself, so far as I am individually concerned, that much has as yet been done to promote the public good. I have, however, the best reasons to hope for the most beneficial results to our constituents from our joint labors, and more especially from the efforts which you will continue to make in this respect. This confidence is justly increased by the conviction that I leave the executive department in the hands of one with whose character and qualifications I have long been intimately acquainted. If ample talents, and a sound discriminating judgment-if integrity and singleness of purpose, and truly republican principles, furnish any just grounds for expecting a safe administration of the government, that expectation, I am persuaded, may, in the present instance, be fully indulged.

Having thus surrendered the trusts with which I have been honored, allow me to tender you my sincere acknowledgments for the uniform courtesy and kindness with which you have co-operated with me in the discharge of our public duties; and let me add the assurance, that in whatever situation I may be placed, the interest and the glory of New York, shall be the objects of my unceasing solicitude and most vigilant exertions.

Albany, March 12, 1829.

MARTIN VAN BUREN."

On the receipt of the Governor's resignation, the following resolutions were adopted:

By the Senate:

"Resolved, That the Senate have witnessed the fidelity and distinguished ability with which his excellency Martin Van Buren has discharged the duties of the office of Governor of this state; that they entertain the highest respect for his virtues and talents, and tender to him their earnest wish that he may enjoy a full measure of happiness and prosperity in the new sphere of public duty to which he is about to be removed.

Resolved, That whilst the Senate entertain a deep sense of the loss which the councils of this state will sustain in the resignation of her late distinguished chief magistrate, they are free to express their decided approbation of the decision he has made; and they cherish the confident expectation that the interests of this state, and of the whole American confederacy, will receive permanent advantage from the application of his talents to the arduous and important duties to which he has been called."

By the Assembly:

"Resolved unanimously, That the congratulations of this House be presented to His Excellency Martin Van Buren, late Governor of this State, on his appointment to the office of Secretary of State for the United States; and that while we deeply feel our separation from one with whom we have been associated in the discharge of important public duties, as well as in social and friendly intercourse, we cannot forbear to felicitate the republic on the acquisition of his services in the councils of the nation."

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