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situation of the states! We know that the spirit of eighteen of the twenty-four States will be necessary to accomplish the object. Let us enumerate the States which have been and still hope to be benefitted by a continuance of the above mode of disposing of the common property, and also those which complain of being injuriously affected by the protective policy, and we must for the present pronounce the project utterly hopeless. This concession should not, in the opinion of the committee, deter the Legislature from giving an expression of opinion, which in all probability will at some future day lead to beneficial results, and exercise an influence tending to produce benign and happy consequences.

Enjoying our proportion of this surplus, and at à certain rate not liable to sudden changes from the legislation of Congress, the fluctuations of commerce, or the changes in the tariff of duties, we shall be enabled to establish a sinking fund for the payment of the interest, and the ultimate redemption of any debt which might be judged expedient to contract in extending our own works of improvement; or the receipt of that sum annually into the treasury, with such contributions as we should be able to make from our own resources, might without adding any thing to the burthens of our constituents, enable the Legislature to proceed in such new works as they in their wisdom might direct, without increasing the present State debt.

IN SENATE,

April 8, 1831.

PETITION

Of the Trustees of the Leake and Watts Orphan House.

To the Honorable the Legislature of the State of New-York.

The petition of the trustees of the Leake and Watts Orphan House, in the city of New-York,

RESPECTFULLY SHEWETH:

That by the will of John G. Leake, late of the city and county of New-York, deceased, he devised and bequeathed a large real and personal estate to or in trust for Robert Watts, now deceased, upon a certain condition, and if he should refuse to comply with such condition, then to certain trustees, to be by them appropriated to the purchasing and endowing of a house or of ground to erect and en dow a building in the suburbs of the said city, for the reception, maintenance, and education of as many helpless orphan children, (paying no regard to the country or religious persuasion of their deceased parents,) until they shall severally arrive at an age to be put out apprentices to trades, or services as the said trustees should deem the annual income arising from such estates adequate to sup port.

That your petitioners are the trustees designated in the said will, and have been incorporated by an act of the Legislature, passed at the present session, entitled "An act to incorporate the Leake and Watts Orphan House, in the city of New-York."

That the said will has been established as valid in relation to personal estate, but not having been executed with the requisite formali [S. No. 71.]

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ties, is inoperative as to real estate, and the said John G. Leake having died without heirs, his real estate has escheated.

That John Watts, the father and next of kin of Robert Watts, the above named devisee, having with great liberality consented to relinquish the personal estate so bequeathed, as aforesaid, except certain bank shares, for the benefit of the said charity, the executors of the said will have, under the authority of the said act, assigned the same to your petitioners.

Your petitioners hope that the Legislature will not be less generous than Mr. Watts, and that they will not permit the informality of the said will to deprive this useful and noble charity of the lands intended by the testator for its benefit; but on the contrary, with their accustomed munificence, will take pleasure in carrying into effect the benevolent intentions of its founders, and for that purpose relinquish the claims which rest only on the omission of technical forms.

Your petitioners, therefore, humbly pray that you will be pleased to pass an act vesting in your petitioners, for the purposes of their incorporation, the right of the people of this State to the lands whereof the said John G. Leake died seised in fee.

And your petitioners shall ever pray, &c.

WALTER BOWNE, President.

FREDERIC DE PEYSTER, Jr. Clerk.

IN SENATE,

April 7, 1831.

COMMUNICATION

From the Mayor of New-York, transmitting a resolution of the Common Council of that city relative to the tax upon seamen.

Mayor's Office, New-York, April 5th, 1831. SIR-Resolutions, as annexed, on the subject of the tax upon eamen, passed the Common Council last evening. In accordance therewith, I transmit the same to your Excellency.

I have the honor to be, with high respect,

Your obedient, humble servant,

WALTER BOWNE, Mayor.

Resolved, That the Common Council of this city do respectfully recommend to the Honorable the Legislature of this State, that the present law imposing a tax upon seamen arriving at this port, be so amended that the whole amount collected upon that class of persons be appropriated to their sole and exclusive benefit.

Resolved, That his Honor the Mayor be requested to transmit to the Legislature, through the Governor of this State, a copy of the foregoing resolution.

[Extract from the minutes.]

J. MORTON, Clerk.

[S. No. 72.]

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