REPORT

Of the committee of the Regents of the University.

The commitee to whom was referred the bill introduced into the Senate of this State, entitled "An act to provide for the application of the income of the Literature Fund," which bill was, by the Hon, orable the Senate, referred to the Regents of the University,

RESPECTFULLY REPORT:

That they have considered the said bill, and perceive no objection to the first or third sections; though it is proper to remark, that these sections proceed on the assumption that a bill recently passed by the Senate, and which brings the whole income of the Literature Fund into the State treasury, will become a law. That bill has not yet been acted on in the Assembly; and if it should not become a law, it will be necessary to alter the provisions of the present bill, so as to conform them to the existing statute.

Instead of the 2d section, the committee propose to substitute several sections herewith submitted, and numbered sections 2, 3, and 4. The principal object of these provisions is, to secure the appllcation of a part at least, of the sums annually distributed to the academies, to the purchase of books, philosophical apparatus, and other articles of permanent utility, to be kept in the academies for the purpose of instruction therein.

The Literature Fund was instituted with express reference to this object; but it appears from the returns made by some of the academies, that the monies heretofore received by them from the Regents, have not always, nor even generally, been applied to it. The interests of education, as well as a just regard to the original policy of the Legislature, would seem to require some new provisions on this subject; and it is presumed that no reasonable objection can be made to the sections proposed by your committee.

The fourth section of the bill referred to the Regents, authorises them, whenever they shall deem it beneficial to the interests of literature so to do, to appoint competent professors in literature and science, to visit the academies under the care of the Regents, and

to perform various special duties, some of which, in the judgment of your committee, could not very usefully be assigned to itinerant visitors. The principle of the section may, however, to some extent, be usefully adopted; though some additional provisions would seem to be required, to conform the power of examining teachers of common schools to the existing statutes on that subject. As a substitute for the said fourth section, several new sections are herewith submitted, which will sufficiently indicate the views of the committee.

All which is respectfull submitted.

Amendments proposed to the bill, entitled "An act to provide for the application of the income of the Literature Fund."

Strike out section 2 and insert the following three sections:

Section 2. The said Regents immediately after every annual distribution, shall deliver to the Comptroller a schedule under their corporate seal, and under the signatures of their Chancellor and Secretary, containing the names of all the academies entitled to a share in the distribution, with the sum assigned to each; and thereupon the Comptroller shall draw his warrant on the Treasurer of this State, in favor of the trustees of each academy for the sum so assigned to it, except where the said Regents shall deem it necessa

ry

to apply a part of such sum to the purchasing of books, philosophical apparatus, or other articles for the use of any academy, in which case they shall, in the certificate to be made by them, direct such amount as they may deem necessary for the purpose aforesaid, to be paid to their secretary, and the residue to the trustees of the academy; and whenever any such direction shall be contained in the said certificate, it shall be the duty of the Comptroller to draw his warrant on the Treasurer in conformity thereto.

Sec. 3. Whenever any part of the sum assigned to any academy shall be paid to the secretary of the board of Regents, under the foregoing section, it shall be his duty to invest the same in such books, apparatus, or other articles, as the Regents may direct, and to deliver the same to the trustees of such academy, to be kept by them for the purpose of instruction therein.

Sec. 4. The regents of the University shall also have power to direct the trustees of any academy subject to their visitation, to ex

pend the moneys to be received by such academy from the annual distribution aforesaid, or any part thereof, in the purchase of books, apparatus, or other articles, to be kept for the purpose of instruction in such academy; and if the trustees of any academy shall neglect to comply with any such direction, such academy shall be excluded from any participation in the aforesaid annual distributions thereafter to be made, until the said direction shall be fully complied with.

Instead of section fourth, insert the following:

Sec. 6. The said Regents, whenever the annual income of the Literature Fund shall so far exceed the sum of ten thousand dollars as to enable them to defray the expenses of the actual examination of the several academies under their care,may, from time to time, appoint so many competent persons as they shall think proper, to examine into and to report concerning the mode and subjects of instruction in the said academies; and to perform all such other duties as the said Regents may direct.

Sec. 7. In addition to the duties so to be performed, by the said persons, it shall also be their duty to examine all persons who shall offer themselves at such academy as candidates for teaching common schools; and if satisfied of the qualifications of such candidates, in respect to moral character, learning and ability, to deliver to them respectively a certificate thereof.

Sec. 8. A certificate signed by any person so authorised to examine any such academy, shall authorise the employment of the person to whom the same shall have been given, in any of the common schools of this State, without any other examination or certificate; but the inspectors of schools in any town in which such person shall be employed, shall have the like power to annul such certificate, or to require an examination of the teacher holding the same, as is possessed by such inspectors in other cases.

Sec. 9. The said persons, so to be appointed, shall receive such compensation for their services as the Regents shall determine, to be drawn for and paid out of the treasury of this State, in the manner herein before prescribed.

IN SENATE,

April 16, 1831.

REPORT

Of the committee on the division of towns and counties, against dividing the county of Chautauque.

Mr. Beardsley, from the committee on the division of counties and towns, to which was referred petitions for dividing the county of Chautauque, and remonstrances against the same,

REPORTED AS FOLLOWS:

That the petitioners ask for a division, by a line running easterly and westerly through the county.

The committee forbear going into a detail of the proposed division, or of the reasons urged in favor of it, because they have come to the conclusion that it would be impolitic to divide the county.

Chautauque is about 36 miles north and south on the east line; about 36 miles east and west on the State line, bounding it on the south; and about 18 miles on the west from the Pennsylvania line to Lake Erie, and is washed by that lake on the whole of its northerly side.

The seat of justice is at Mayville, at the head of Chautauque lake, about seven miles from Lake Erie. It is not exactly central, being considerably north and west of the geographical centre of the county, but the Holland Land Company's office having been established at Mayville, and the court-house and clerk's office fixed at that place, the roads in the county have been laid in reference to the location of the county buildings.

Chautauque lake, one of the most beautiful in the State, stretches from Mayville about 20 miles to the southcast, at the outlet of which is the flourishing village of Jamestown.

This lake is navigable, and during spring, summer, and autumn, a steam-boat makes regular daily trips from Jamestown to Mayville, and back to Jamestown the same day; thus keeping up a regular, cheap and expeditious communication between Mayville and the southeastern part of the county.

No part of the county appears to be inconveniently situated, except three or four towns in the northeasterly part of the county, and these towns are not as far from the county seat as many towns in the old counties. Chautauque is comparatively a new county, the greater part of it having been but recently settled.,

The mass of inhabitants, like those of all new counties, are considerably in debt for their farms and improvements; but from the fertility of its soil, the salubrity of its climate, its pure and wholesome water, and great abundance of hydraulic privileges, aided by the enterprise and industry of its citizens, is rapidly increasing both in wealth and population, and in a few years, will far outstrip the most of its elder sisters.

At present, the character of the country is deservedly high, and the almost unparalled increase of population, from about 20,600, to upwards of 35,000, in five years, (for an argricultural country,) is incontestible evidence in its favor. Five years more will give it a population of 45,000, and very probably of 50,000,

A division of the county, the committee believe, would, at present, be a great calamity. It would necessarily increase the expenses, and greatly enhance the taxes. It would reduce it to two small counties, and thereby destroy or much impair its influence.

The county divided, would no longer sustain the high character it now possesses, and the committee have no doubt a division would have a tendency to depress the value of real estate generally in the county, except in the neighborhood of the two villages where courthouses might be established.

The county has three harbors on Lake Erie, at two of which (Dunkirk and Portland,) steam-boats arrive and depart every day, except in winter, and occasionally at the other, at the mouth of Silver and Walnut creeks.