failing to agree the subject had, as provided by the treaty, been referred to a friendly sovereign for arbitration, and the King of the Netherlands had been selected as arbiter: that the arbiter had suggested a new boundary line not acceptable to Massachusetts and Maine, both of which states were interested in the question,- Maine as the State whose northeastern boundary would be directly affected, and Massachusetts as a proprietor of large tracts of land in the state of Maine; and that these states protested against the proposed boundary line, and denied the power of the federal government to establish such boundary without their consent. The Massachusetts resolutions set forth the claim of the two states, and asserted their rights by declaring, among other things:

"That the government of the United States possesses the constitutional right to ascertain and settle, by negotiation with foreign powers, arbitration, or otherwise, such parts of the boundary lines of the said States, as were left doubtful by the treaty of peace of 1783, but that the said government does not possess the constitutional right to alter, by negotiation with foreign powers, arbitration, or otherwise, the boundary lines of the said States, so far as the same were ascertained and settled by the said treaty, to the prejudice of the territorial or other rights of any State, without the consent of such State previously obtained.'

"That the government of the United States has no constitutional right to cede any portion of the territory of the States composing the Union, to any foreign power, or to deprive any State of any land, or other property, without the consent of such State, previously obtained; and that the adoption of the aforesaid new boundary line, recommended, as aforesaid, by the king of the Netherlands, without the consent, previously obtained, of the States of Massachusetts and Maine, would be a violation of the rights of jurisdiction and property, belonging respectively to the said States, and secured to them by the federal constitution; and that any act, purporting to have such effect, would be wholly null and void, and in no way obligatory upon the government or people of either of the said States."

b U. S. Const. art. 4, § 3, clause 1.

The resolutions also specifically declared that Massachusetts would not consent to the ratification by the federal government of the boundary line proposed by the King of the Netherlands.

March 1. To the Assembly: Transmitting a preamble and resolutions adopted by the legislature of Tennessee protesting against the action of Congress in "appropriating money out of the treasury of the United States to be expended upon the local objects of improvements within the several States, and in subscribing for stock under state incorporations;" and approving President Jackson's veto of the Lexington and Maysville turnpike road bill. Other resolutions recommended that the public lands belonging to the United States be sold as soon as practicable, and the proceeds be set apart as a permanent fund for the education of American children,- the fund to be distributed to states and territories according to such rates as may be deemed equitable and just.

The Governor also transmitted resolutions adopted by the legislature of Indiana approving the Delaware resolution, recommending that pensions be granted to all surviving revolutionary soldiers whether in the "continental line, state line or militia.' Another Indiana resolution recommended federal legislation providing for a more perfect uniform organization of the militia.

March 1. To the Assembly: Transmitting the annual report of the Governors of the New York Hospital.

March 27. To the Legislature: Transmitting papers relative to the adulteration of potash. [See Assembly Document, 1832, No. 260, and Senate Document, No. 94.]

April 23. To the Assembly:

"GENTLEMEN.-The accompanying papers show that the act of March 18th, 1830, directing a copy of Burr's map and atlas of this State to be sent to the several States in

the Union, has been duly executed. The answers of the Executives of several of the States manifest high gratification at the liberality and courtesy of this State, in forward ing to them a present so rich and acceptable.

Albany, April 21, 1832.

[See Assembly Document, No. 305.]

E. T. THROOP."

April 26. The Legislature adjourned without day.

EXTRAORDINARY SESSION.

June 21, 1832, the Legislature was convened in extraordinary session, pursuant to the following proclamation by the Governor:

PROCLAMATION,

By Enos T. Throop, Governor of the State of New York.

Whereas, by an act of Congress, passed the twentysecond day of the present month of May, the Representatives in the Congress of the United States, are apportioned among the several states according to the numbers which the several states are entitled to by the last census; whereby the act of the Legislature of this State, passed April 24, 1832, entitled 'An act altering the time of electing Representatives in the twenty-third Congress of the United States,' by a provision contained therein, is repealed, so far as it provides for a postponement of the next election of members of Congress; it has, therefore, become my duty to convene the Legislature of this State, that they may be enabled to provide for the election of the full number of Representatives in Congress to which this State is entitled by said apportionment. [See note 12.]

I do, therefore, and in compliance with the provisions of the above mentioned act of the Legislature of this State, require the members of the Senate and Assembly of this

State to convene, as a Legislature, at the Capitol in the city of Albany, on Thursday the 21st day of June next, at twelve o'clock, at noon.

[L. S.]

Given under my hand and the privy seal of this State, at the city of Albany, the twenty-sixth day of May, in the year of our Lord, one thousand eight hundred and thirty-two.

E. T.THROOP.

GOVERNOR'S MESSAGE.

FELLOW-CITIZENS OF THE SENATE AND OF THE ASSEMBLY.— At the opening of your last session, it was expected that the National Legislature would apportion among the States the representation in Congress, at a day so early as to enable you before your adjournment to divide the State into suitable election districts. Our hopes in this respect were not realized; and after a very laborious session, you . adjourned, at the usual time, having previously provided by law for a contingent postponement of the next election, in case an apportionment should not be made. Since your adjournment, Congress has acted upon this subject, and fixed a ratio of representation in the popular branch of that body, by which our State is entitled to forty members, whereby the law postponing the election is annulled.

On the occurrence of this event, I have, in obedience to my constitutional duty, as well as in compliance with your expressed wishes, convened you at this time, that you might provide for the exercise by this State of its full voice in the councils of the nation. As this was my motive for calling you together at this unusual and uncomfortable season of the year, so it is the only business pertaining to your duties within my knowledge, now so urgent as to justify me in the exercise of this power. I am happy to be enabled to say this, and to express the belief that the public wants will not require of you to sacrifice your personal comforts and private interests to the duties of ordinary legislation, through a protracted session. [See note 12.]

There is one other subject, however, which I feel bound to present to your consideration, and which may be disposed of without materially interfering with your special business, or prolonging your session. I allude to the supposed approach, at a time of unusual health within our State, of the Asiatic Cholera; a direful disease, which, having spread desolation over a great part of Asia, has advanced with rapid strides through Europe, and is now supposed to have crossed the Atlantic and to be frightfully busied in the work of death among our Canadian neighbors. It is certain that a very malignant disease, in its type resembling the much dreaded cholera, is ravaging the hordes of squalid emigrants which have been recently disgorged from transport ships near our borders, and has been communicated from them to a portion of the population of the cities of Quebec and Montreal.

It has not been satisfactorily ascertained that the disorder has been communicated within our State, although a few cases of sudden death have occurred, which would not have attracted particular notice in ordinary times. Whether the disease which has proved so fatal in Canada is the cholera, or has been produced by the very unfavorable circumstances under which an unusual number of the most destitute class of emigrants have been landed during warm weather, in a strange climate, cannot be known without a more minute and scientific examination of facts. But so far as facts have been ascertained, there is reason to believe that the two disorders, if of different character in other respects, resemble each other in these particulars, that they are caused by inattention to cleanliness, and by enfeebling dissipations and excesses, and may be communicated from one person to another in a tainted atmosphere. Cleanliness in and about houses and neighborhoods is believed to be the most effectual barrier against the spreading of this and other similar diseases.