Washington-William Townsend, George W. Jermain, Henry Thorn. Wayne-Seth Eddy, Ananias Wells. Westchester-Aaron Vark, St. John Constant, Thomas Murphy. Yates-Aaron Remer. STATE OF NEW-YORK, I certify the preceding to be a true list of the names of Members of Assembly elected in this State, at the general election held in the. month of November last, according to the official returns from each county clerk received at this office. In testimony whereof, I have hereunto affixed the [L. 8.] seal of this office, at the city of Albany, the 31st day of December, 1830. A. C. FLAGG, IN ASSEMBLY, January 4, 1831. Documents accompanying the Governor's Message. [No. I.] Letter from the Attorney-General, concerning the Boundary Line between this State and the State of New-Jersey. SIR Albany, December 27, 1830. In a former communication to your Excellency, (Legislative Documents of 1830, No. IV.) I mentioned the commencement of a suit by the state of New-Jersey, against the people of this state, relative to the question of disputed boundary between the parties. The Supreme Court of the United States, at its last term, decided that the process previously issued in the suit, had not been duly served; and, without disposing of the question of jurisdiction, awarded further process. This has subsequently been served upon the Governor and Attorney-General, and is returnable on the first day of the next January term of that court. It is probable that the counsel for New-Jersey will then move for some order or decree in the cause, which will make it necessary for the court to decide whether it can exercise original and compulsory jurisdiction over a state. Upon this question, I have seen no cause to change the opinion expressed in my former communication. I am, with great respect, Ob't. humble servant, His Excellency, Governor THROOP. [No. II.] Letter from the Attorney-General, concerning the Claim of John Jacob Astor and others. SIR Albany, December 29, 1830. Since the adjournment of the Legislature, two of the suits brought upon the claim of John Jacob Astor, and others, to certain lands in the counties of Putnam and Dutchess, have been tried, and judgments have been rendered therein in favor of the plaintiff.Bills of exceptions were prepared for the purpose of reviewing those judgments in the Supreme Court of the United States, pursuant to the acts of the legislature of the years 1827 and 1828, upon that subject. I had hoped that nothing would prevent a decision of the causes, at the next January term of the appellate court; but a difficulty that has arisen about the settlement of the cases, has rendered such a result impracticable, without the abandonment on the part of the defence, of what I consider important and legal rights. Upon each of the trials, a very able charge was delivered to the jury: the substance of which was inserted in the bills of exceptions, because the counsel for the defence believed it objectionable in point of law. The counsel for the plaintiff proposed to strike out this part of the case, and the whole was struck out on the settlement of the bills by the court. Upon learning this result, I lost no time in asking the Circuit Court to reconsider its determination, and respectfully insisted on the insertion of the charges as matter of legal right. But the court adhered to its first determination, and the bills as settled, do not even mention that a charge was delivered to the jury. Although I was very desirous to terminate this litigation as soon as possible, and in any event to avoid any complaint of delay from the opposite party, I could not without a dereliction of duty, proceed to bring writs of error, until a further effort had been made to correct the bills of exceptions. I have therefore declined engrossing the bills to be signed; and shall (if not otherwise instructed) take the proper measures to bring the subject before the Supreme Court of the United States, at its next term, by way of a motion for a mandamus to the Circuit Court; and whatever may be the result of this proceeding, I shall then have done all that the forms of law either authorise or require, for obtaining a proper settlement of the cases. I am, with great respect, Ob't. humble servant, His Excellency, Governor ТHROOP. |