The whole number vi canai

from Albany in the year 1830, was twelve thousand eight hundred

and ninety.

IN ASSEMBLY,

January 18, 1831.

MESSAGE

From the Governor, transmitting a letter of the Special Counsel, concerning the special circuit court and court of oyer and terminer, in the county of Niagara.

GENTLEMEN

TO THE LEGISLATURE.

I have received official notice, that the special circuit court, and court of oyer and terminer, in the county of Niagara, which was adjourned over to the first Monday in January instant, has ceased. It was intended to have had that court adjourned until the second Monday in February next, when one of the justices of the supreme court would be at leisure to hold it, according to the design of the Legislature; and an arrangement had been made with Judge Marcy to that effect. The letter of the Special Counsel addressed to me, accompanied by the letter, which he received from Judge Gardner, transmitted to you herewith, will explain the causes of the failure. The motives which induced the Legislature originally to provide for a special court, still exist with unabated force, and there is now superadded to them, considerations of public interest, arising from preparations for the court which was expected to be held on the second Monday in February. The existing laws, do not, in my opinion, confer sufficient power upon the supreme court to meet the necessities of the case.

I do therefore recommend that a law be passed, reviving the provisions of the act of April 17, 1830, so far as to enable the court to [A. No. 39.]

1