4 
[Sena.te 
of the geological survey, when completed, should be given to each 
member of the Senate and Assembly, and to the several officers of 
the same. In 1842, the Legislature, in the act above referred tOy 
repealed the said concurrent resolution of the preceding Legislature ; 
thereby depriving their predecessors of this private fruit of their own 
legislation ; and by the sane act provided, that a copy of the work,, 
as fast as completed, should be distributed to each member of the 
(then) present Legislature. ^ 
We have here presented this state of facts. The members of the 
Legislature, in 1841, by a concurrent resolution, gave to themselves 
each a copy of this work, when completed ; thus appropriating tc^ 
themselves the public property. Their successors, in 1842, passed a 
law depriving them of their books ; and by the same law took each a 
copy to themselves. Under this last law, one hundred and eleven 
copies of each of the first six volumes have been delivered to the 
members of the Legislature of that year. The attention of the Secre- 
tary of State having been called to the constitutionality of said lawy 
so far as it related to the appropriation of these books to individual 
members of the Legislature, he decided that in this respect it was un- 
constitutional and void ; for the reason that the law purported to ap- 
propriate public property for private purposes, without being passed 
by two-thirds of the members elected to each branch of the Legisla- 
ture. And being of that opinion, he declined to execute that part of 
the law, by delivering any more of the books to the members of the 
Legislature of 1842. This took place in the winter of 1843 ; since 
which time it is believed that none have been delivered. 
Under the laws herein before noticed, the publication of the re- 
sults of the labors of the geologists, styled the Natural History of ( 
New York, progressed so far, that prior to the 21st of January, 1843, 
six volumes had been completed and issued ; that is to say, one vol- 
ume on mineralogy, three volumes on zoology, and two volumes on 
geology. Besides these, two other volumes on geology were partially 
printed. 
In 1843, another law was passed upon this subject, by which the 
Governor was again authorized, without limitation as to time, to con- 
tinue such of the various departments of labor, connected with the 
geological survey of the State, as might be necessary to ensure its ul- 
