PERMIT me to avail myself of this first opportunity, which has occurred, of expressing through you to my constituents, the high sense I entertain of that esteem and confidence which prompted them to place me in the station I now fill. Fully apprized of the duties which it imposes upon me, my best endeavours shall be exerted to fulfill them; and I flatter myself, that in the course of my administration, the sincerity of this assurance will be found to rest on better evidence than professions can afford.

To regard my fellow-citizens with an equal eye—to cherish and advance merit—wherever found—to consider the national and state constitutions and governments, as being equally established by the will of the people—to respect and support the constituted authorities under each of them—and in general, to exercise the powers vested in me, with energy, impartiality and prudence, are obligations of which I perceive and acknowledge the full force.

I concur in the sentiments and adopt the language of our excellent and illustrious President, in observing that “we could not have met at any period, when more than at the present, the situation of our public affairs afforded just cause for mutual congratulations;”1 and I make this observation with the greater pleasure, as in the general welfare of the union, this State participates so largely.

The rapid increase of our population—the flourishing state of our agriculture and commerce—the extension of our external and internal navigation— the progress of learning and science, so essential to rational liberty and good government, and the uncommon degree of wealth and plenty, which follow the footsteps of industry and the arts of peace, in all their walks, unite with numerous other blessings, in affording us abundant reason to rejoice, to be content, and to be grateful.

But although national prosperity can neither be attained nor preserved without the favour of Providence; so neither can it be attained or preserved without the subordinate instrumentality of those means, which providence provides, and reason directs us to use.

There is no state of human happiness, public or private, so perfect or secure, as to dispense with that constant care and superintendence, which all our affairs require; and which you will now find it expedient to extend to several interesting objects.

It has been often and justly observed, that in order to preserve peace, every nation should not only treat others with justice and respect, but also be in constant readiness to resist and repel hostilities. Imbecility invites insult and aggression: and the experience of ages proves, that they are the most secure against war, who are the best prepared to meet it. Although it belongs to our national government to provide for the defence of the United States, and although that great object will doubtless continue to receive as well as to claim their attention, yet it is also highly interesting, that nothing properly depending on us be omitted to give efficacy to their laws and measures.

Having but one port through which the great mass of our exports and imports pass, the importance of fortifying it has been generally seen, and considerable progress has been made in executing the plans formed under the direction of the general government for that purpose. Much yet remains to be done and if from the details which will be laid before you, it shall appear that further aids on the part of this state would be proper, I am persuaded they will be readily afforded.2

Difficulties have been experienced in importing from foreign countries sufficient quantities of arms and ammunition, and the present scarcity of those articles in general, and of one of the most essential of them in particular, is a disagreeable circumstance.

It certainly is very desirable that we should not depend on foreigners for the means of defence, and therefore that the manufactures necessary to furnish these supplies, should be encouraged and patronized by the legislature. The constitution of this State expressly directs that “a proper magazine of warlike stores, proportionate to the number of inhabitants, be forever, at the expense of this State, and by acts of the legislature, maintained and continued in every county in this State.”3 They who formed this constitution, had been taught by severe experience, that the day of alarm and battle was not the best season for seeking and procuring these important stores.

Laws and regulations, however carefully devised, frequently prove defective in practice, and as the regulation of the militia pursuant to the act of Congress, merits constant attention, it may be useful to enquire whether experience has pointed out the necessity of any amendments which, consistently with that act, may be made in our law on this subject.4

There is an article in the constitution, which by admitting of two different constructions, has given rise to opposite opinions, and may give occasion to disagreeable contests and embarrassments. The article, I allude to, is the one which ordains that the person administering the government for the time being, shall be president of the council of appointment and have a casting voice, but no other vote; and with advice and consent of the said council, shall appoint all the officers, which the constitution directs so to be appointed.5 Whether this does by just construction, assign to him the exclusive right of nomination? is a question, which though not of recent date, still remains to be definitively settled. Circumstanced as I am in relation to this question, I think it proper merely to state it, and to submit to your consideration the expediency of determining it by a declaratory act.

The more the principles of government are investigated, the more it becomes apparent, that those powers and those only, should be annexed to each office and department, which properly belong to them. If this maxim be just, the policy of uniting the office of the keeper of the great seal, with that of governor, is far from being unquestionable. The powers of the former not being necessary to the latter. It seems, on general principles, more proper that important acts, made or agreed to by the governor, should be validated and rendered binding on the state by an officer, who did not officially participate in them, than by himself.

Important cases occasionally arise, in which a competent knowledge of the law, and that kind of discretion which results from it, are necessary to decide, whether the sanction of the great seal ought to be given or to be withheld, and although persons not possessed of those acquirements, may administer the government very ably in other respects, yet in that respect they would be liable to commit mistakes not easy to correct.

One great object of which a people free always enlightened and governed by laws of their own making, will never lose sight, is that those laws be, so6 judiciously applied and faithfully executed as to secure to them the peaceable and uninterrupted enjoyment of their rights. To this end it is necessary, and sound policy certainly requires, that the dispensation of justice should invariably be committed to the men the best qualified to perform that very interesting task. With this policy the present situation of the Chancellor and of the Judges of the Supreme Court does not appear to me to correspond. Their salaries, not being more than adequate to their current expenses, yield little or no surplus to form a provision for their families. Instead of the tranquillity, the domestic comforts and the exemption from anxious cares, which sensibility claims for declining years, they must, when those years arrive, retire to private life, without having received from their country the means of enjoying it. These circumstances have no tendency to invite able and distinguished lawyers, few of whom possess ample patrimonies, to exchange their lucrative practice, for seats on the bench, and yet by such men only should those seats be filled. Permit me, therefore to submit to your consideration, whether justice, public good, and the honor of the state, do not strongly recommend, that some provision be made for such of these judicial officers as, having long and faithfully served their country in that capacity, come to the age, at which, according to an article in the constitution, their commissions expire.

There is another subject, also belonging to the judiciary department, respecting which some legislative provision has become very requisite. So great is the extent and population of the state, and so numerous and frequent are our courts, that the Attorney General cannot possibly manage all the prosecutions (existing at the same time in different counties) which demand his care and attention. It continues to be worthy of consideration, how far the severe penalties prescribed by our laws in particular cases admit of mitigation, and whether certain establishments for confining, employing, and reforming criminals, will not immediately become indispensable.7

The measures which have been taken pursuant to the laws respecting the management of our affairs with certain of the Indian tribes, together with the results of those measures, and a variety of documents on that and other subjects, will be communicated and laid before you.8

While on the one hand we all lament the distresses occasioned by the sickness which lately prevailed in this city, it becomes us, on the other hand, to acknowledge with gratitude that divine interposition by which its extent and duration were so limited. The expenses which that uncommon and unexpected calamity made indispensable, exceed the sum assigned by law for such purposes; and the precautions which in the city of Albany it was judged prudent to take, in order to prevent the inhabitants from being involved in the like calamity, demanded expenditures which yet remain to be provided for.

These accounts will be laid before you; together with those which respect the application of the moneys granted for the relief of the refugees from St. Domingo, residing here. The situation of these unfortunate people still continues to be truly distressing and to interest our compassion.9

The wisdom of our laws has ordained that every place shall maintain its own poor: but it appears to me proper to remark, that by the events of the desolating war between many of the European powers, and by the advantages which this country offers to emigrants, a great number of persons are induced to come to this state, without other resources than what the benevolence of our citizens or other adventitious circumstances may furnish. As these people do not properly belong to any particular place in this or the neighbouring states, would it not be right to consider those of them, who may be real objects of charity, as the poor of the state, and to provide for them accordingly.10

The intimate connection that subsists between our agriculture, commerce, and navigation, strongly recommends the policy of facilitating and multiplying the means of intercourse between the different parts of the state. This topic embraces many others, which will not escape your discernment, and which, on investigation, will be found to be highly interesting. Indeed the improvements of which our local situation and civil policy are susceptible, are so various, as to afford you an arduous and complicated, but still not an unpleasing, task. It is a task which cannot be properly performed without much time, application, and well-digested information, for it will always be found more difficult, and also more useful, to legislate well, than to legislate much.

There is reason, however, to expect, that, in the course of the session, considerable progress will be made; and that the benefits resulting to our fellow-citizens, from your attention to their interests, will afford additional proofs, that their confidence cannot be so discreetly placed, as in the wisdom and patriotism of their real and responsible representatives. That wisdom and patriotism will, I am persuaded, give to your deliberations all the advantages which accompany moderation and concord; and you may rely on my readiness to co-operate with you in every measure for augmenting and securing to our constituents, the numerous blessings they derive from the happy state of peace, liberty and safety, which by the favor of Heaven, we enjoy.