demand of any other citizen at the polls, and under the pains and penalties of perjury. A preliminary registry of voters was proposed in lieu of that time-honored test, and was rejected upon the grounds, as far as ascertainable, that a full and fair registry would be impracticable, and that enactments for such a purpose would embarrass the citizen in the exercise of his constitutional right. A registry test would have had advantages then which it could not have now. Then, none were voters who did not pay taxes, or perform highway labor or military service. Rolls of such persons were necessarily prepared, and would have been a basis for a registry. Then, rolls could not have been falsified, nor could any fraud have been practised in regard to them without exposure. We can now have no such aids and checks.

The spirit of the constitution obviously requires that the test of electoral qualifications shall be uniform throughout the state; and that the laws which the legislature may pass to ascertain the qualifications of electors shall be uniform, or at least equal in their operation. The exclusive application of the bill to the city of New York seems to conflict with this principle, by imposing upon the elector there a burden from which his fellow-citizen in any other part of the state is exempt; or if the bill would promote the convenience of electors, then its benefits should be extended throughout the state. Again, the city of New York, as a portion of the state entitled to representation in proportion to its population, has a right to require that as much scrutiny shall be exercised in regard to the qualification of electors in other districts as in the city.

Whatever other results may be anticipated, it is certainly expected by those who advocate the bill, that it will reduce the number of votes polled in the city of New York; and in my view it will accomplish that result, not so much by preventing illegal voting as by hindering legal voters. I regard the exclusion of one legal voter as a greater evil than the admission of more than one who is unqualified. I indulge no fear of danger from the broadest extension of the franchise. Universal acquiescence in the laws, and loyalty to the government, are secured by the extension; and that acquiescence and loyalty are a guaranty against such dangers as have disturbed or overthrown all other forms of government.

In returning the bill without my approval, I do so under a firm belief that the registry proposed would disappoint all the expectations indulged, and lead to frauds and vexations of suffrage which would, at an early period, induce its repeal, if it should become a law.

NOTE. This message was suppressed at the vehement solicitations of Governor Seward's friends in the city of New York, in opposition to his own judgment. His prediction of the early repeal of the law was signally verified at the next session of the legislature.-Ed.

NEW YORK REGISTRY LAW.

TO THE SENATE:

ALBANY, MARCH 30, 1840.

GENTLEMEN: I have this day approved and signed the bill entitled "An act to prevent illegal voting in the city of New York, and to promote the convenience of legal voters."

In making this communication, I deem it my duty to inform the legislature that a careful examination of the bill has induced a belief that there are defects in its details, without the correction of which the laudable purposes of the legislature may fail to be accomplished. It is evidently the intention of the legislature, that the law shall go into effect immediately, so as to apply to the charter election* in the city of New York, which is to be held within the ensuing fifteen days; and inasmuch as no defects are found in any provision which can affect that election I have given my approval. There will be sufficient time to make any amendments previous to the adjournment of the legislature.

*The provision requiring a registry of the voters did not apply in the case of the charter election.-Ed.

THE VIRGINIA CONTROVERSY.

ALBANY, APRIL 11, 1840.

To THE LEGISLATURE:

I TRANSMIT a communication from the governor of Virginia, containing the proceedings of the legislature of that state, concerning the requisition heretofore made upon me for the delivery of Peter Johnson, Edward Smith, and Isaac Gansey, as fugitives from justice.

I observed, in my annual message, that the subject was one which fell within the province of the executive department, and that the duties of that department were enjoined by the constitution and laws of the United States, and not by the constitution or laws of this state; yet that the respect I entertained for the executive of Virginia, and the deference I owed the legislature of this state, induced me to lay before you the correspondence which had taken place on this subject. The proceedings of the general assembly of Virginia, manifest a desire to obtain the sense of the legislature on the subject. I therefore commend the proceedings of the general assembly, and the communication of the governor of Virginia, to your respectful consideration, and shall defer my reply, in the hope that I may be aided by the superior wisdom of the legislative department. Altogether willing that the opinion of the executive, and of the general assembly of Virginia, may be considered under the most favorable auspices, and that my own may be subjected to the most rigid examination, I transmit herewith a report of a committee of the general assembly of Virginia, in which the subject is ably discussed.

NOTE. The legislature sanctioned the course of Governor Seward in this matter. -Ed.

VOL. II.-25

PROCLAMATION. THANKSGIVING-1840.

GOD has been pleased to preserve our lives during another year, and to bless our land and make it very plenteous. Health, peace, and liberty, have dwelt among us, and religion has ministered her divine counsels and consolations. No danger has menaced us from abroad, nor has any alarm of intestine commotion, sedition, or tumult, disturbed the quiet of our dwellings. The clouds have not withheld from the earth their timely rain, nor the sun its genial heat. The plough has not been stayed in the furrow, nor has blight or mildew diminished the abundant harvest. We have exhibited to the world the sublime spectacle of millions of freemen, carefully discussing the measures and policy which concern their welfare, and peacefully committing the precious trust of their interests and hopes to the care of chosen magistrates. While our confidence in the stability of republican institutions has thus strengthened, their benign operation has been manifested in the sway of mild and equal laws, the enjoyment of equal privileges by all classes of citizens, the security of personal rights, and the intellectual and moral improvement of society.

In remembrance of these signal and manifold blessings and privileges, it becomes us to lift up our hearts and ascribe all the power and glory to Him who looketh down from heaven and considereth all them that dwell upon the earth. I do, therefore, in pursuance of a custom sanctioned by the people, set apart and appoint Thursday, the seventeenth day of December next, to be observed throughout this state as a day for the annual offerings of praise, thanksgiving, and prayer. I respectfully recommend to my fellow-citizens to abstain from all secular occupations on that day; to gather themselves in their solemn assemblies; to render to our heavenly father the homage of hearts softened and warmed