IN ASSEMBLY, March 24, 1830. REPORT Of the Committee on Public Lands, on the petition of John N. Quackenbush and others, relative to a certain lot of land in the city of Albany. Mr. Gosman, from the committee on public lands, to which was referred the petition of John N. Quackenbush and others, praying for the grant of a lot of land in the 5th ward of the city of Albany, for religious and benevolent purposes, REPORTED: That it appears that the State owns a small lot of land on ArbourHill, in the suburbs of this city, which is said to be of little value. The inhabitants in that vicinity are represented as an indigent but respectable class of citizens: They are remote from those means of scientific, moral and religious improvement, which the occupants of the denser parts of this city so happily enjoy. Encouraged by the aid of some benevolent gentlemen of this city, who are also petitioners, they seem to be disposed to make an effort to provide means of instruction for their increasing population, and contemplate the erection of a building for the purposes of education, and the advancement of virtue and piety. They deem the above mentioned lot very suitable for this purpose, and pray the Legislature to grant the same to trustees for their benefit. The committee are convinced of the truth of the representations of the petitioners; and satisfied of their sincerity, would cheerfully recommend suitable encouragement to their laudable efforts, did not an insuperable obstacle interpose. The lot in question became the property of the state in 1817, by the foreclosure of a mortgage for money loaned, on which, as is usual in such cases, no small loss accrued; it is of course appropriated to the common school fund, and is therefore inaccessable. It is expected, however, that the lot will be offered at public sale in a very short time: which circumstance will unquestionably facilitate the accomplishment of the objects of the petitioners; for the committee feel assured that the wealthy and benevolent individuals who have united in the prayer of the petitioners, will not hesitate to afford to this very meritorious charity, that more efficient aid which their just efforts has failed to produce, which circumstances unequivocally demand, and which the constitution precludes the Legislature from extending. The committee submit the following resolution: Resolved, That the petitioners have leave to withdraw their petition. IN ASSEMBLY, March 24, 1830. REPORT Of the Committee on the incorporation of Charita " ble and Religious societies, on the petition of the First Presbyterian Union Society of the town of Pulteney, relative to a certain lot therein. Mr. Stilwell, from the committee on the incorporation of charitable and religious societies, to whom was referred the petition of the First Presbyterian Union society, of the town of Pultney, in the county of Steuben, praying that a law may be passed authorising them to exchange certain real estate in said town, now belonging to said society, REPORTED: The petitioners set forth that they are possessed in fee of a certain lot of ground in the said town known by the name of the Gospel or Ministerial lot. That the said lot was derived by deed of gift from the Pulteney estate: that it was intended by the grantor for a glebe or parsonage; and that the ends for which it was designed, cannot effectually be attained without disposing of the same. They therefore pray that the Legislature will pass an act authorising them to exchange said lot for one which will better accommodate the society. Your committee have not thought it necessary to examine into the propriety of the application founded on the necessity of the case, as they are satisfied this is a proper subject for judicial investigation. By referring to the 11th section of an act passed April 5, 1813, we find it declared to be lawful for the chancellor of this state, upon the application of any religious corporation, in case he shall deem it proper, to make an order for the sale of any real estate belonging to such corporation, and to direct the application of monies arising therefrom, by the said corporation, to such uses as the same corporation, with the consent and approbation of the chancellor, shall conceive to be most for the interest of the society to which the real estate so sold did belong. This clause it is thought covers the case of the petitioners. Your committee are of opinion that all questions properly belonging to the judiciary department of our government, should not be subjects of legislative investigation. The courts are the proper tribunals for the ascertaining of facts and the distribution of justice. Before them witnesses can be summoned to appear, and the merits and demerits of the case fully understood; whereas, before the Legislature, testimony on one side only is generally produced; witnesses cannot easily be confronted, and the rights of individuals are frequently put in jeopardy. Every application, therefore, to the Legislature should clearly show that the case does not come within the jurisdiction of the judiciary, and that there is no other way by which relief can be obtained. Your committee are well assured that the court of chancery has power to grant relief in the premises, and until it shall appear that the judiciary are not able to extend to the petitioners that assistance which the nature of the case requires, they will feel themselves constrained to deny the propriety of any interference on the part of the Legislature. Your committee beg leave to recommend the adoption of the following resolution: Resolved, That the prayer of the petitioners ought not to be granted, and that the petitioners have leave to withdraw their petition. |