jiUajJ^y vM'f uA i.m H t STATEMENT OF FACTS RELATIVE TO THE ESTABLISHMENT AND PROGRESS or THE ELGIN BOTANIC GARDEN, AND THE SUBSEQUENT DISPOSAL OF THE SAME TO THE Vx :>' v^x STATE OF .VEJI-VOnt?, '' )v v' -^ BY DAVID HOSACK, M. D. Profcisor of Botany and Materia Medica in Columbia Cp)1oj«' NEW-YORK: PRINTED BY C. S. VAN WINKLE. • .No. 56 Pine-street. 1811. 1 PREFACE. The Botanic Garden, commonly known by the name of Elgin, situated in the vicinity of this city, having agreeably to an act of the Legislature passed on the l^th day of March, 1810, become the property of the state of New-York, I have deemed it proper to lay before the public, the following statement of facts relative to the first establishment, the progress, and subsequent dis- posal of that institution. A publication of this kind has become the more necessary for the purpose of correcting many errors Avhich have prevailed, and do still prevail with tho community, owing partly to an ignorance of the real circumstances of the case, and partly to misre- presentations circulated through the medium of the pub- lic papers, and other channels of information. Among these errors may be particularly mentioned the three following: first, that the ground appropriated to the use of the Botanic Garden, was not originally purchased by me, but gratuitously granted by an act of the corporation of this city; secondly, that I have received an annual salary from the Legislature of this state, for the maintc- 34/ '~3>9 4 nance of the * establishment; and, thirdly, that the valuation of the property made by the appraisers ap- pointed by the Land OiTice, has been ratified by that board to the full'amount of the appraisement presented. These errors have been extensively circulated; but the fol- lowing statement, taken from original documents, will place this subject before the public in its true light, and afford sufficient evidence of the incorrectness of those re- ports and of many others which have obtained circulation. D. H. New-York, March I2tb, 1811 ' ■•»"'; 13?, ^ I • '-1'it"h, which relatA the- W *..-d~ / ' *be l • • A STATEMENT, *jc. WHATEVER difference of opinion may exist, relative to the utility of a botanic garden, as a necessary appendage to a medical establishment, certain it is, that the judgment of scientific men has bien uniformly concurrent on this subject. The exam- ple of the schools of medicine, in almost iv ry great city of Eu- rope, is sufficiently conclusive on this head, as scarcely one of them is without .in extensive botanic garden ; and their practice, it is p resumed, must be the result of experience of their utility. At an early period, in our own country, also, there were men of distinguished acquirements, who strenuously maintained the necessity of institutions ol this kind. Among these may be men- tioned the late Lieutenant Governor Colden, justly celebra- ted for his many and valuable contributions to American bota- nv, and the learned Dr. Peter Middleton, late professor of medi- cine in King's College, in this city. The following observations, delivered by the latter gentleman, upon the opening of the medi- cal school, in New-York, in 1769, contain his opinion on this subject, and will show, that even at that early date, the founders of the medical college looked forward with an ardent desire to an establishment of this sort, as necessary and important to a com- plete system of medical education. " By botany, we are instructed in the natural history and distinguishing characters of plants. This, pursued as a science, or branch of medical study, presents to us a fund of knowledge, both valuable and ornamental As this continent yields most of the medical plants now in use, and abounds also with a variety of others, whose qualities we are as yet but little acquainted with, or entire strangers to ; may we not hope, that among the future literary insti- tutions in this place, a teacher of botany will soon be appointed, and a botanical garden laid out, and properly furnished ? This would open an extensive field for further discoveries in, and for large acquisitions to the materia, medico* 1 and this city might yet have the honoul -^*J, in America."* * Uuon the revival of the mecf , ,, • .olumbia College, in dTvear 1792, the board of1 ™*> «"* by the legis attire of the state, made provision f»e by the &\A°f add.lt.lon^ professoiships in that institution * r^fc^orshipot botam was also at that time estab.ished/andtff uivs on this branch of science Mere delivered by Dr. S:.muel L. Mitchill, who was chosen to that station. But though the aid ot the legislature was thus far bestowed in behalf of the advancement of the medical school, it appears, that they conceived still more was wanting to give efficacy to their labours, and to the organi- zation of a complete medical establishment. The public solicitude on this occasion appears in the following abstract from a report made by the Agricultural Society of the state, (of which assOcf- ation the members of the legislature formed a part) and publish- ed in their transactions, part 2d, 1794. " The establishment of a garden is nearly connected with the professorship of botany under the college, and the lectures on that branch must be always very lame and defective without one. Nothing but a more full conviction of its importance and utility is wanting to set on foot such an institution, and to carry it into effect A botanical garden is not only one of the most useful and most important of public improvements, but it also comprises within a small compass the history of the vegetable species of our own country ; and by tie introduction of exotics, makes us acquainted with the plants of the most distant parts of the earth. Likewise, by facilitating experiments upon plants at this time, when a true theory of nutrition and manures is such an interesting desideratum, a botanic garden may be considered as one of the means of affording substantial help to the labours of the Agricultural Society, and be conducive to the improvement of modern husbandry When these things are duly considered, it can scarcely be doubted, that a botanic garden, under the direction of the society, or of the college, with a view to further the agricultural interest, will be set on foot and supported by legislative provision : to the end that young minds be early imbued with proper ideas on this im- portant subject."! In the month of May, 1795, Dr. Mitchill having resigned his botanical professorship, I was appointed his "successor; and in the following year, upon the death of the late Dr. William P. Smith, professor of the materia medica, I was elected to the joint pro- fessorship of botany and materia medica. I now readily perceived that an abstract account of the princi- ples ot these sciences, as taught by books, coloured engravings, or even wilh the advantages of an herbarium, must necessarily be * Medical Discourse, 8vo. p. 58. t Transactions of the Society instituted in the state of New-York, for the promotion of Aeri- Ulwre. 4to. u. iiv. ° culture. 4to. p. *iv. \tory, when compared with the ex- intr in - - ..6 iw their proper soil-), with the y^L . udy, in itself both highly useful .r*^".1'' »: rendered uninviting from the • ' ^, vt- \ l3V"e illustrated, and that a bota- .Ajlish'm^vc"11' Wtbly necessary in order to teach i . < branch of medjo,, which relatwh complete effect. Influenced by the- '-*ais, and persuaded of the ad- vantages to be d -' i* institution of a botanic garden, which could be t ' TT «h^ ic^rjsitory of the native vegetable pro- duction of the country, and be calculated to naturalize such foreign plants as are distinguished by their utility either in me- dicine, agriculture, or the arts, as well as for the purpose of affording the medical student an opportunity of practical instruc- tion in this science, I, immediately after my appointment as professor in the college, endeavoured to accomplish its esta- blishment. I was also strengthened in my design by the advice of those of my friends to whom I made known my wishes, and for whose opinions on this subject, I could not but entertain the highest respect. Sensible, however, that an undertaking of thisna- ture could with difficulty be effected by an individual, and having already expended considerable sums in the purchase of an extensive collection of books, numerous coloured engravings, and a valuable herbarium, I made application to the board of trustees ot Columbia College, soliciting their assistance ii the undertaking which I contemplated. The following are copies of the memorial, which was presented in November, 1797, and of the report of the committee, appointed by the board of trustees, to consider the subject. To the President and Members of the Board of Trustees of Columbia College The establishment of a Professorship of Botany in Columbia College was justly considered as an evidence of your regard to the general interests of science. As completing your plan of medical education, it has given reputa- tion to the college both in Europe and America, and has excited expectations which unfortunately hitherto have in no sort been fulfilled. Since i have had the honour of an appointment to this Professorship, it has been to me a source of great regret that the want of a Botanical Garden, and an extensive Botanical Library, have prevented that advancement in the inte- rests of the institution which might reasonably have been expected. My mind has been much exercised in devising some means of removing these difficulties, but hitherto without success. To this end, I have purchased for the use of my pupils such of the most esteemed authors as are most essential in teaching the principles of Botany ; and at a considerable expense I have been enabled to procure a large and very extensive collection of coloured engravings ; but the difficulty of teaching any branch of natural philosophy, and of rendering it interesting to the pupil, without a view and examination of the objects of which it tr also occur to you that books, or cngrnAj are of themselves insufficient for medicine The obvious and only effectual r# jfti»» >e ^ Boianical Garden; this would invite W ■ T]iP of our coumrv would be investigated! ^Ht P'0"' • benefits, both to agriculture and me J # u'T*™ ♦ l,fvon-e< the College will not at present admil &nA till h»h™nt »Pon an \ * f. give scaled Influenced bv this consff aUU' 'leave to suggest to the board of trustees, as the best sub.st.Ky the aft "ta^ f^n ' ! introductory to a more extensive plan.VV c ^ L »Jds of the College may iustifyit, that the professorship of botany and rffl*|fl| medica be endowed > ith a certain annual salary, sufficient to defray the necessary expenses of a small garden, in which the professor may cultivate, under his immediate notice, such plants as furnish the most valuable medicines, and are most necessar> for medical instruction; or that it be appropriated in any other manner which may appear more eligible, under his direction. (bibned) DAVID HOSACK. (COPY) The committee appointed by the board of trustees to examine the proposi- tion laid before them by the professor of Botany—Report, That upon inquiring into the present state of the professorship of botany and materia medica, we have found that the present professor, Doctor David Hosack, has been at great expense in the purchase of the necessary books, plants, and engravings, to render the professorship valuable and instructive to his pupils. That to the same end, the establishment of a botanical garden appears ta be essentially necessary for the purposes of medical instruction. That we consider such an establishment will not only contribute to the instruction of the pupil, but will greatly advance the real interests and reputa- tion of the college. That we have particularly examined the plan which Doctor Hosack ha? proposed, and earnestly approve the same. That with the advantages he already enjoys of an extensive botanical library and herbarium, and havin * a piece of ground under his own immediate inspection, we consider that a sum not exceeding three hundred pounds per annum will enable him to defray the expenses of the establishment he propo- ses, m the cultivation of those plants that are employed as articles of medicine. That we earnestly recommend to the board of trustees, that the above mentioned sum of three hundred pounds, be annually allowed for the term of rive \e.irsto Doctor Hosack for the above purposes, which we believe will be faithfully employed, and in such manner as will greatly redound to the honour and interests of the institution. (bigned) BKNJAMIN KISSAM, WILLIAM A10OK.E. Though the committee appointed by the trustees of the col- lege expressed an opinion thus favourable of a botanic garden, and recommended that an annual sum of three hundred pounds, lor five years, might be allowed for the purpose of aiding in the establishment of such an institution, and though the board of trustees coincided in the opinion of the committee ; r.-s \ they were una!)le to comply WllfT >f\ F \'800, I made application to the .^•siafV; ,. n recommended by the trustees ,> 'College,, Jfcs'P°se °f instituting a botanic .w^ht be grai/ \{ other provision made as they ,i_ . .1 think proper., itrW °1 m.V memorial, followed by an account of the c '' wnic x re a^jj the legislature, as taken from the journals of the * To tlie honourable the Venateand assembly of the state of New-York—There. spictful memorial of David Hosack, professor of botany in Columbia College— Slwwe l h, That your memorialist, some time since, presented to the board of trustees of the said college, a memorial stating the great utility and necessity of a botanical garden,to render the institution of the professorship under his care productive of those advantages to the student which ought to be expected from it; and praying the appropriation of a sum of money to be employed for that purpose That the board appointed a committee to examine the subject, and report their op n on ; who reported, that they entirely approved the plan proposed, and earnestly recommended, that the sum of three hundred pounds per annum might be allowed, for five years, to enable your memorialist to carry it into execution : a copy of which memorial, reference, and report, are hereunto subjoined, and to which your memorialist prays leave to refer your honour- able body, for more particular information. That the board of trustees, although sensible of the utility and importance of the object, have not been able, for want of sufficient funds, to carry into ex- ecution the plan proposed by y our memorialist, and approved by the commit- tee ; and without which the students in that branch of science, under the direction of your memorialist, will continue to labour under all the disadvan- tages hitherto experienced ; and he finds it cannot be effected without the aid of i he legislature. Your memorialist therefore prays your honourable body to grant to your memorialist the sum recommended as necessary to carry the proposed plan into execution, or that such other plan may be devised, and sums appropriated, as may be thought better calculated to answar the end proposed. (Signed) DAVID HOSACK. IN ASSEMBLY. February 20th, 1S0O. A petition of David Hosack, M. D. professor of botany and materia medica in Columbia College, relative to establishing a botanical garden, and praying a grant of three hundred pounds per annum, for five years, for such purpose, was read, and referred to Mr. Wood, Mr. Henry, and Mr Masters.* February 26th, 1800. Mr. Wood, from the committee to whom was referred the memorial of David Hosack, reported, that in their opinion the prayer of the memorialist Journal of Assembly, 23d svssion, p. 181. ongnT to be granted. That tlicy havc^J some proper bill for that purpose, an» 1, {heir such clause. •**-»• Ordered, That the consideration of/ oTt^je^ ~; It was accordingly postponed other nt during that session. I " A Thus disappointed of thai ^ . j antf encoufa^lege, which such an undertaking p<* ' ' 6ui'ed, and the wealth of the state enabled it to bebtcrnade by tl* to devote my own private funds, the proceeds of\,^ K ,,, .ual labour, to the prosecution of this object ; trusting, that vv'.?>l- the nature of the institution should become generally known, and its utility more fully ascertained, it would receive the patronage and support of the public. Accordingly, in the following year, 1801, I purchased of the corporation of the city of New-York twenty acres of ground, situated on the middle road, between Bloomingdale and Kings- bridge, and distant from the city about three miles and an half. The view from the most elevated part of the ground is variega- ted and extensive, and the soil itself of that diversified nature as to be particularly adapted to the cultivation of a great variety of vegetable productions. At a considerable expense, the establishment was inclosed by a well constructed stone wall ; the ground, though originally ex- ceedingly rough, cleared and put in a state of promising cultiva- tion, arranged in a manner the best adapted to the different kinds of vegetables, and planted agreeably to the most approved stile of ornamental gardening : a conservatory for the preservation of the more hardy green house plants was also erected. As a primary object of attention in this establishment was to collect and cultivate the native plants of this country, especially such as possess medicinal properties, or are otherwise useful, among others, such gardeners as were practically acquainted with our indigenous productions, were employ ed to procure them, ,plicafV>n ] filature, requesting the loan of aoney for th<' If enabling me to execute the pi- a. had projected, c]^ wjuCh relatlfam ^ establishment. The following are the proc f„ senate relative to the me- morial presented, a* yrt of the committee on that occasion, which sh*^^,,,. -v .....ourable opinion entertained by thf committee, as well as the unfavourable result of my appli- cation. IN SENATE. March 6th, 1805. A petition of David Hosack, of the city of New-York, praying for a loan of a sum of money, to enable luin to maintain a bot.v.iical garden near the said city, was read, and referred to Mr. Brett, Mr. Schenck, and Mr. Johnson.* . March 15th, 1805. Mr. Brett, from the committee to whom was referred the petition of David Hosack, professor of botany in Columbia College, reported, that the establish- ment of a botanical garden within mis state, will, in the opinion of the com- mittee, be highly useful ; for while to the studnits of medicine it affords the means of acquiring information in a science intimately connected with, and hijrhlv useful to their profession, it will also give an opportunity of making experiments upon soils and manures, upon foreign grains, plants, and grasses, which may be of the highest importance to the agricultural interest of this state. The committee have been informed from respectable authority, that the memorialist has made a botanical establishment upon a scale sufficiently extensive to form a useful repository for plants and vegetables, and to make the necessary botanical and agricultural experiments, and has hitherto pur- sued it with a zeal and ability which leaves no room to doubt of his ultimate success. The committee are therefore of opinion, that such an institution well deserves the patronage of the public, and recommend that suitable pro- vision be made by law to assist the memorialist in the further prosecution of his plan ; that they had prepared a bill for that purpose, and directed him to move for leave to bring in the same. Leave being given, Mr Brett brought in the said bill, entitled, " An act for the support of a botanical garden within the city and county of New-York," which was read the first time, and ordered a second reading.f Marc/' 16th, 1805. The bill, entitled, " An act for the support of a botanical garden within the city and county of New-York," was read the second time, and committed to a committee of the whole.* March 20th, 1805. Mr. Burt, from the committee of the whole, on the bill, entitled, " An act for the support of a botanical garden within the city and county of New-York," reported progress, and obtained leave to sit again.§ * Journal of the Senate, 28th session, p. 83. t Journal of the Senate, 28th session, p. 95. t Journal of the Senate, 28th session, p. 97. * Journal of the Senate, irfth session, j>. 10i *%r The house, however, aojow <>ut *Ji'<-- thi- bill. I Upon the opening of the n# in 1806, his\ n >p.e^ governor Lewis, in hisspetchA; and, t*Janu:'i y, clelivere'i to the two houses of the K gislati!^ ^ ^..ier subjects, which he considered worthy of their cor* "^ produced the follow- ing- observations upon the advant??; %- -N'Jl.v-A!; rived from a bo- tanic garden, and recommended the same to their patronage and support. " Application was made to the legislature at their last session, by a gen- tleman of the city of New-York, for aid in the support of a Botanic Garden, which he had recently established. At. the request of some of the members, I, in tli'.-course of last summer, paid it two visits, and am so satisfied with the plan and arrangement, that 1 cannot but believe, if not permitted to languish, it will be productive of great general utility. The objects of the proprietor are, a collection of the indigenous, and the introduction of exotic plants, shrubs. Sec. and by an intercourse with similar establishments, which are ari- sing in the eastern and southern states, to insure the useful and ornamental products of southern to northern, and of northern to southern climes. In the article of irrasses, I was pleased to see a collection of one hundred and fifty different kinds * A portion of ground is allotted to agricultural experi- ments, which cannot but be beneficial to an agricultural people When it is considered that this branch of natural history embraces'all the individuals of the vegetable which afford subsistence to the animal world, compose a large portion of the medicines used in the practice of physic, and mam of the ingre- dients essential to the useful arts, its utility and importance is not to be ques- tioned. But in a country young as ours, the experimental sciences cannot be expected to arrive at any degree of excellence without the patronage and bounty of government; for individual fortune is not adequate to the task."i PROCEEDINGS OF THE LEGISLATURE. In Senate, January 30th, 1806. Resolved, That Mr. Tredwell, Mr. L'Hommedieu and Mr. Graham, be a committee to take into consideration, and report upon that part of his excel- * For the information of those who may be unacquainted with the meaning of the term, in the n nsi in which it is made use of by botai.isK and as it was emplovi ;i by his excellency, I subjoin th/»-> following ]iai-.i;rraiili«. < Uracttd from a communication in the Morning; Chronicle, of 'February 24th l'<<>\ and-n t icii ..; tin; same time express the favourable opinion entertained upon this subject br its Uanied author, fir. Hugh Williamson. ' " I obst rve that the gm t nior, in his speech to the assembly, ref rs to a great variety of grasses that are (ulfufcd in the botanic garden near this city. I presume that the govt mor uses the term grass as botanists always do. Oats, rye, barley, rice, and wheat, in the language of botanists are only differtnt Muds el' grass ; and it is sincerely to be wished, as every fanner will admit that vvc could find a variety of tlie grass called wheat, that would elude the n.aiice of the Hessian fly. Th« varieties of wheat are infinite, and I deem it not improbable that we shall, on some occasion imi've the happy diseo\cry. But a complete collection would be made at a considerable expense. It is' i,v no means certain that wc are provided with the best kintls of meadow grr,.u; or the kinds best siet.-d to oor soil and climate. Tt is known that the most valuable plant in Jamaica, except the sup-ar cane is the Guniea grat,,; that was imported by accident. Goed citizens should not trust to accident for the p traduction ot useful things ; industrious research is commendable." "Although it might.be expected that the citizens of New-York would give their support to a bo* tame garden, as one of the means by which they may promise them«i\. s a constant supply of able and well instructed physicians without the expense of a foreign education, and one of the means by which our medical school may take the lead of the several other school, on i m continent it is not to be suppled that larmer; m general, our fellow citizens through the state, will refuse their a,ki>taro» :nprotnf.tv»gsurfi an institution. They are interested on many accounts." " t Jo'rrr:.! of 'K-; Semite. 2Sth session,p. 8. 13 lency the governor's speech, which relates to a botanic garden, in the vicinity of New-York.* February 1st, 1806. A memorial of David Hosack, professor of botany and materia medica, in Columbia College, in the city of New-York, praying legislative aid in improving a certain botanic garden, which he alleges he has at great expense com- menced, was read anil referred to the committee appointed to take into con- side ration and report upon that part of his excellency the governor's speech which relates to a botanic garden.f February 10th, 1805. Mr. Tredwell, from the committee appointed upon that part of his excellen- cy the governor's speech, relative to a botanic garden, and to whom was re- ferred the memorial of David Hosack, professor of botany and materia medica, in Columbia College, reported, that in their opinion, the study of botany, as a branch of science, is highly useful and necessary. That the committee arc informed that the memorialist, David Hosack, as professor of botany, hath for a number of years past given lectures in that science to the students of Columbia College, without receiving any compensation therefor from that in- stitution, the funds of which, as the committee understand, are not sufficient for that purpose. That the said David Hosack, as the committee are inform- ed, hath, at very considerable expense, established a botanic garden upon a very extensive scale, and hath devoted it to the purpose of instructing stu- dents in the science of botany. That the legislature of this state hath, for a number of years past, given to the professor of anatomy in Columbia College an annual allowance to compensate him for anatomical preparations, which he hatl already procured, and to enable him still further to extend his collec- tions. That the committee are of opinion, that it would be proper, as far as is consistent with the present funds of this state, also to aid the instruction of students in the science of botany, and they woulel therefore recommend that an annual allowance be for that purpose made to the said David Hosack, as professor of that science in Columbia College ; they have accordingly prepa- retl a bill to that effect, and had directed their chairman to move for leave to bring in the same. Leave being given, Mr. Tredwell brought in the saitl bill, entitled, " An act for the support of a professor of botany in Columbia Col- lege," which was read the first time, and ordered a second reading.* February 12th, 1806. Mr. Adriance, from the committee of the whole, on the bill, entitled, " An act for the support of a professor of botany in Columbia College," reported, that the committee had gone through the bill, and agreed to the same without amendment, which he was directed to report to the senate, and he read the report in his place, and delivered the same in at the table, where it was again read, and agreed to by the senate. Ordered, That the bill be engrossed^ February 13th, 1806. The engrossed bill, entitled, " An act for the support of a professor of bo,- tany in Columbia College," was read the third time. Resolved, That the bill do pass. * Journal of the Senate, 29th session, p. 11. t Journal of die Senate, 29th session, p. 21. i Journal of the Senate, 29th session, p. 35. § Journal •ftb.e Senate. 29tb >o>ion.p. 40. '2 14 Ordered, That the clerk deliver the said bill to the honourable the assem. bly, and request their concurrence to the same." 7m Assembly, February loth, 1806. A message from the honourable the senate, delivered by their clerk, with the bill therein mentioned, was read, informing, that the senate have passed the bill, entitled, " An act for the support of a professor of botany, in Colum- bia College ;" to which they request the concurrence of this house. The said bill was read the first time, and ordered a second reading.f February 14th, 1806. The bill, entitled, " An act for the support of a professor of botany, in Co- lumbia College ;" was read the second time, and committed to a committee of the whole ho use. i Notwithstanding the favourable sentiments that had been ex- pressed upon this subject, by governor Lewis, at the opening of a the session ; and that a bill for the support of the botanic gar- den had passed the senate, and in the lower house had been referred to a committee of the whole ; the session ended without any other notice of this subject. I still, however, did not abandon the hope of ultimately ob- taining legislative aid, and therefore continued, as before, my exertions to increase the collection of plants which I had begun, «* and to extend the improvements for their preservation. Accord- ingly, in 1806,1 obtained from various parts of Europe, as well as from the East and West-Indies, very important additions to my collection of plants, especially of those which are most valu- able as articles of medicine. I also erected a second building for their preservation, and laid the foundation of a third, which was completed the following year. In the autumn of the same year, 1806, I published a Catalogue of the plants, both native and exotics, which had been already collected, amounting to nearly 2000 species. The expenses necessary to effect these several objects, it will readily be supposed, were not inconsiderable. I had now erect- ed, on the most improved plan, for the preservation of such plants as require protection from the severity of our climate, three large and well constructed houses, exhibiting a front of one hundred and eighty feet, and which experience has shown are well calculated for the purposes for which they were designed. The greater part of the ground was brought to a state of the highest cultivation, and divided into various compart- ments, calculated not only for the instruction of the student of * Journal of the Senate, 2.ith session, p. 41. t Journal of the Assembly-, 29th session, p. 102. ; Journal of tfc,e Assembly, 29tti hssiod, p. 104. 15 botany and medicine, but also made subservient to agriculture and the arts. The whole establishment was enclosed by a stone wall, two and an half feet in breadth, and seven and an half feet high. Add to all this the great loss of interest which I had to sustain, inasmuch as the establishment and improvements of the institution could not be considered as an active capital; the ex- penses necessary for the preservation of what had already been done, the additional costs for the continual increase in the num- ber of plants, particularly of those imported from abroad, though in this respect I was liberally aided by the contributions of my friends, both in Europe and in the East and West-Indies; and f.he high price of the manual labour indispensably^necessary for the progressive improvement of the institution. Finding my expenses for these several purposes far exceed the calculations I had formed, and that they were more than prudence would justify, especially with an increasing family of children, and being still desirous of perpetuating the benefits of this insti- tution, I at once resolved to offer the whole establishment for sale to the state, at a fair and equitable valuation. It will evidently appear, from the facts which have been already stated, that it was not my original design to dispose of this property during my life ; yet I ever entertained the opinion that when I should cease to occupy it, that either the state, the university, or the medical schools, to whose use it had been devoted, would probably become the purchasers of this establishment. And I have no hesitation further to add, that under the impression of thus rendering it permanently useful to the community, many improvements were made, and upon a more extensive scale than I should have otherwise introduced. In these additional expen- ses, I also considered myself justified by the rapid rise and in- crease in the value of property in the vicinity of the city. But finding my expenses, at the end of the year 1807, to exceed the amount I originally contemplated ; I determined to make an application to the state, in the manner before mentioned. Ac- cordingly I presented a memorial to the legislature, on the 5th of April, 1808. In Assembly, Jlpril 5th, 1808. The memorial of David Hosack, of the city of New-York, praying the legis- lature to purchase his botanic garden, near the said city, and give him in pay- menttherelbr such public lands of the state, as they may deem proper, was read, and referred to a select committee, consisting of Mr Broadhead, Mr. Willoughby, Mr. Huntington, Mr. M«Whorter, Mr. Crosby, and Mr. De Witt.* • Journal of th« AnembJy, 31st session, p. 39;?. 16 Jpril 7th, 1808. Mr. Broadhead, from the committee to whom was referred the memorial of Doctor David Hosack, of the city of New-York, reported, That the establishment of a botanic garden, in the vicinity of the city of New-York, upon the extensive scale adopted by Doctor Hesack, is highly honourable to the founder ; and its continuance and improvement must he de- sirable to a community which justly appreciates and duly cherishes science and the useful arts. . . The committee regret that this subject was not communicated to the legis- lature at an earlier period of the session, that it might have received that de- liberate attention which its importance justly merits. At this late hour the introduction of a bill would be useless. But the committee believing that a future legislature may, on a full investigation, accept the proposition of the memorialist, respectfully submit the following resolution : Resolved, (If the honourable the senate concur herein,) That leave be given to Dr. David Hosack, to present to either house of the legislature, at their next session, a bill relative to his botanic garden, near the city of New-York.^ Ordered, That the consideration of the said resolution be postponed until to-morrow. Tiie House adjourned.* Encouraged by the preceding resolution, proposed in the as- sembly, at the close of their session, I presented the following memorial at the opening of the legislature in 1809 : To the honourable the Senate and Assembly of the state of New-York—The memorial of David Hosack, physician of the city of New-York—Respectfully sheweth, That your memorialist, impressed with the importance of an institution, in which the students of medicine might have an opportunity of acquiring a knowledge of plants, and their medicinal qualities, and desirous, thereby, of increasing the celebrity of his native state for medical instruction, he im- mediately, upon his appointment to the professorship of botany, resolved to institute such an establishment, not doubting that when the same might be accomplished and rendered useful to the students of medicine, resorting to this city for instruction, that it would receive a liberal patronage from the., public. That under these impressions, your memorialist, eight years ago, purchas- ed in an advantageous situation near the city of New-York, twenty acres of ground, which he has employed in the establishment and cultivation of a bo- tanic garden; in which he has collected, from our own and foreign countries, a great variety of those plants which are found most useful in medicine., agriculture, and the arts. That for the preservation of those exotic plants which require shelter, he has erected a spacious green-house, and two hot-houses, which, experience has shewn, are well constructed, and calculated to accomplish the purpose* for which they were designed. But your memorialist with pain observes, that not having received any pub- lic aid which might have diminished his expenses, he is compelled to abandon his plan, as too extensive for his individual resources, and more so than com- ports with the duties which he owes to a rising family. But, desirous of seeing this institution, the first of the sort established in the United States, rendered permanently useful by being connected with the • Journal of ihe Assembly, 31st session, p. 414. 17 medical schools of New-York, your memorialist respectfully offers it to the state, that under their patronage it may continue to be made productive of those advantages originally contemplated. Your memorialist need scarcely to remark, that the principles and the practice of medicine arc so intimately connected with this branch of natural lnstor\, that all the celebrated medical schools and universities of Kurope have found it necessary to establish botanic gardens for their pupils, and to which our youth in the study of medicine have hitherto, and at great expense, been compelled to resort for this branch of medical learning. It is equally unnecessary for your memorialist to remind your honourable body of the various important national benefits such an establishment would be calculated to produce, supported by public munificence, under the super- intendancc of the regents of the university, the college of physicians and sur- geons, or the governors of the New-York hospital; more especially, as the present state of public affairs renders it necessary to cultivate at home the means of affording a complete system of medical instruction. These circum- stances induce your memorialist to hope and believe, that the legislature will not hesitate to purchase this establishment for the benefit of the state ; espe- cially as the terms upon which it is offered are such, that the state can expe- rience no present inconvenience, or future loss, by the purchase of the same. With this view, your memorialist proposes to sell to the state his grounds, buildings, and collection of plants, at his garden, near the city of Mew-York, for such price as shall be ascertained to be their fair and just value, by com- missioners to be appointed by law for that purpose; the same to be paid whenever the state may find it convenient so to do ; in the mean time paying an interest of six per cent, per annum. DAVID HOSACK. New-York, February Ath, 1809. This memorial was followed by one from the faculty of physic- of Columbia College, and by another from the medical society of the city and county of New-York ; the members of which associations expressed their unwillingness, that an institution which they considered so valuable and useful as a botanic garden, should be lost to the public, and therefore solicited the purchase of the same by the state. The governors of the New-York hospital, being apprised of my application to the legislature, and desirous of preserving and extending the benefits of the medical school, took occasion in their annual report, to notice the im- portance of the botanical garden, and to express their wishes that it might be preserved as necessary to complete the system of medical instruction. The members of the college of physicians and surgeons also, in their annual report to the regents of the university, expressed their sentiments upon the importance of this subject as they had done on the preceding year, though much more at length, as appears in the following extract from their report. Extract from the report to the Regents, dated 31st January, 1809. " It would be unnecessary to offer to the regents any observations on the advantages of cultivating the knowledge of botany in this state. The radical 18 connection of this science with the progress of agriculture, and its tendency, bv exploring and multiplying the production of our soil, to increase the wealth of the community, and to extend the independence of the nation, are too important to be overlooked by a wise government. Since the present obstruc- tions of commerce, many medicinal articles, belonging to the vegetable class, which are of indispensable use in diseases, and which might be readily pro- duced in this country, have become so scarce, and so exceedingly enhanced in pripe, as to create apprehensions with respect to the sufficiency of future supplies. Another inducement to patronise botany in this state, might pro- perly be drawn from the liberal encouragement offered to the cultivation of that science in several of our sister states, and from the absolute necessity of such encouragement to the support of an establishment, which is always unavoidably expensive. An enterprising and public spirited botanist of this city, Dr Hosack, has, at great expense, purchased and cultivated a piece of ground, for the purpose of a botanic garden ; which might easily be rendered subservient to the promotion of this important object." The legislative proceedings upon this application for the pur- chase of the botanic garden, I copy from the printed Journal of the Assembly, to which branch of the legislature the consi- deration of the subject was, in that year, confined. In Assembly, March 1st, 1809. The memorial of David Hosack, of the city of New-York, praying the le- gislature to purchase his botanic garden, near the said city, on the terms therein mentioned, was read, and together with the petition of the medical society of the city and county of New-York, referred to a select committee, consisting of Mr. German, Mr. Willoughby, Mr. J. Van Rensselaer, Mr. Da- vis, and Mr. Barnes.* March 2d, 1809. Mr. German, from the committee to whom was referred the memorial of David Hosack, of the city of New-York, physician, together with that of the medical society of the city and county of New-York, reported as follows, to wit: That the memorialist, about eight years ago, being professor of botany in Columbia College, purchased twenty acres of land, and established a botanical garden in the vicinity of New-York, at his own expense ; and with the lauda- ble view of affording to the students under his charge an ample opportunity of improvement by the inspection of various medicinal and other plants, a knowledge of which is intimately connected with the science of medicine ; he has, at great expense, imported from different parts of the world, a great va- riety of plants ; for the preservation of those coming from a milder climate, he has been under the necessity of erecting, on a large and extensive scale both green and hot-houses, and to employ several persons of skill in attending to their cultivation ; he has likewise collected a variety of plants from differ^ ent parts of the United States, useful in agriculture, as well as medicine; so arranged as to afford an opportunity of making many useful experiments • the whole is in good order; the ground well selected and valuable. The medical society of the city and county of New-York, the college of physicians and surgeons, the faculty of physic in Columbia College, and the governors of the New-York hospital, all approve of the establishment, express their opinion of its importance and public utility, and recommend its purchase by the * Journal of the Assembly. 32d session, p. 25§. 19 ttate, as the only means of protecting and supporting it, as it is too e>.:<.nsive and expens.Ne to be supported from the funds of any individual. It is a fact that most of the enlightened governments of Europe have sup- ported extensive botanical establishments, as intimately and necessarily con- nected with the science of medicine, to which the youth of our country, desi- rous of completing their professional education, have been obliged to resort. Experience proves, that every country furnishes many plants peculiarly adapt- ed to the cure of diseases incident to its climate ; and there is therefore reason to believe, that if fair experiments were made, wc should in a consider- able degree be relieved from our dependence on foreign countries for our ne- cessary medicines, an event desirable at all times, but more peculiarly so at the present. The legislature of this state, with a spirit and zeal worthy an enlightened and patriotic people, have, on many occasions, fostered, encouraged, and pro- tected the education of our youth; and certainly no branch of learning is more important, and more peculiarly entitled to national patronage, than the science of preserving life and health. Your committee state, with pleasure, that this is the first establishment of the kind ever attempted in the United States ; but that unless patronised by the government, its utility to the state will be entirely lost As the legislatures of several states have already ap- propriated large sums for the support of similar establishments, and connect- ed them, in a spirit of wisdom, with their colleges, this state is confessedly the first in the union, in point of wealth and commercial importance, and it would afford cause of regret did she not appropriate a portion of her wealth in fostering the useful sciences. Your committee conceive that the terms of sale are liberal, and that no material loss can be sustained, but that the land will probably increase in value, equal to the interest of the purchase money: and your committee are therefore of opinion that the prayer of the memorialists ought to be grant- ed, and that the memorialist have leave to present a bill for that purpose. Ordered, That leave be given to present such bill. Mr. German, in behalf of the petitioner, brought in the said bill, entitled, " An act for promoting medical science in the state of New-York," whicli was read the first time, and ordered a second reading.* .March 3d, 1809. The bill, entitled, " An act for promoting medical science in the state of New-York," was read a second time, and committed to a committee of the whole house.\ The house then resolved itself into a committe of the whole, on the bill, en- titled, " An act for promoting medical science in the state of New-York," and after some time spent thereon, Mr. Speaker resumed the chair, and Mr. S. Barker, from the said committee, reported, that in proceeding on the said bill, and after the same had been read in the committee, the first enacting clause thereof was again read, in the words following, to wit: Be it enacted by the people of the state of New-Vork, represented in senate and assembly, That John Broome, De Witt Clinton, and Matthew Clarkson, or any two of them, shall be, and are hereby appointed commissioners to examine the lands, fences, houses of every kind, and all and singular the trees, plants, shrubs, and their appurtenances and utensils, with all the improvements as they shall be shewn to the said commissioners, or any two of them, commonly called Klgin, near the city of New-York, belonging to the said David Hosack, being the grounds purchased by him of the corporation of the city of New- • Journal of the Assembly, 32d session, p. 2-1-1. 245. t Journal of the Assembly, 32d so>ion, p. -46. 20 York, and to make a fair and equitable valuation and appraisement thereof, and that the said commissioners do make a full description thereof, and a catalogue of the trees, plants, and shrubs, and certify such their value and appraisement under their hands, or the hands of any two of them, upon oath to be made by them or any two of them, that the valuation and appraisement bv them so made is fair and equitable, according to the best of then- judgments, which said valuation and appraisement shall be made as soon as mav be. , , , » . . - That debates were had thereon, and the question having ueen put, whether the committee would agree to the said clause, it was carried in the affirmative. That the veas and nays having been called for by Mr. R Van Home, se- conded bv Mr. Moonev, were as follows, to wit :—Yeas 60—Nays 20. \L- S."Barker further reported, that the committee had gone through the said 'hill, added a clause, and agreed to the same, which he was directed to report .o the house ; and he read the report in his place, and delivered the same m at the table, where it was again read and agreed to by the house. Ordered, That the bill be engrossed.* March 4th, 1809. The engrossed bill, entitled, " An act for promoting medical science in the state of New-York," was read the third time. Thereupon, A1r. Child made a motion, that the said bill should be recommitted to a committee of the whole house. Debates were had thereon, and the question having heen put, whether the house would agree to the said motion, it was carried in the affirmative. The yeas and nays having been called for by Mr. Child, seconded by Mr. \l. Yan Home, were as follows, to wit:—Yeas 49—Nays 37. Thereupon, Ordered, That the said bill be recommitted to a committee of the whole house j March 101k, 1809. Then the house resolved itself into a committee of the whole, on the bill, entitled, " An act for promoting medical science in the state of New-York,'' and after some time spent thereon, Mr Speaker resumed the chair, and Mr. 1<.id, from the said committee, reported progress, and asked for and ob- tained leave to sit again.* March 13th, 1809. The house then resolved itself into a committee of the whole, on the bill, entitled, " An act for promoting medical science in the state of New-York," and after some time spent thereon, Mr. Speaker resumed the chair, and Mr. Pond, from the said committee, reported, that in further proceeding on the said bill, the first enacting clause thereof, w- s again read. That debates were had thereon, and the question having been put, whe- ther the committee would agree to the said clause, it was carried in the af- firmative. That the yeas and nays having been called for by Mr It. Yan Home, se- conded by Mr. Fairlie, were as follows, to wit:—Yeas 43—Nays 35. That in further proceeding on the said bill, the third enacting clause thereof was again read, in the words following, to wit: ' Journal of the Assembly, 32d session, p. 252, 253. t Journal of the Assembly, 32d session, p. 254. 1 Journal «f the Assembly, 32(1 sosion. p. 28'3, <21 Ajul be it further enacted, That the surveyor general shall' set apart and de- signate, and if necessary, cause to be surveyed, so much of the unappropriated lands belonging to the people of this state, as upon a fair and equitable valu- ation by him to be made, shall amount to the same sum that shall be express- ed in the certificate of the aforesaid commissioners ; and the said surveyor- general shall give to the commissioners of the land office, an accurate de- scription of the lands so by him designated, and the value and appraisement (hereof so by him made ; and it shall thereupon be the duty of the commis- sioners of the land office, and they are hereby authorised to grant letters patent to the said David Hosack, his heirs and assigns, for the lands so de- signated and appraised by the surveyor-general, in full compensation of the said botanic garden, lands, buildings, and improvements, by him so to be coh- vcyed to the people of this state. That debates were had thereon, and the question having been put, whether the committee would agree to the said clause, it was carried in the af- firmative That the yeas and nays having been called for by Mr. Cande, seconded by Mr. Child, were as follow s, to wit :—Yeas 43—Nays 37. ' ' That in the further proceeding on the said bill, Mr. K. Yan Home made a motion, that the committee should rise, report progress, and ask for leave to sit again. That debates were had thereon, and the question having been put, whether the committee would agree to the said motion, it passed in the negative. That the yeas and nays being called for by Mr. It. Yan Home, seconded by Mr. B. Thompson, were as follows, to wit :—Nays 60—Yeas 26 Mr. Pond further reported, that after the committee had gone through the said bill, made amendments, filled up the blanks, and agreed to the title, the •* question was put whether the committee would agree to the whole bill, and it was carried in the affirmative That the yeas and nays having been called for by Mr. Kellogg, seconded by Mr. Bishop, were as follows, to wit:—Yeas 46—Nays 40. Which he was directed to report to the house ; and he read the report in his place, and delivered the same in at the table, where it was again read, and agreed to by the house. Ordered, That the bill be engrossed.* March Uth, 1809. The engrossed bill, entitled, " An act for promoting medical science in the state of New-York," was read the third time. Mr. Skinner then made a motion, that the said bill should be recommitted to a committee of the whole house. Debates were had thereon, and Mr. Speaker having put the question, whether the house would agree to the said motion, it was carried in the af- firmative. The yeas and nays being called for by Mr. Scott, seconded by Mr. Pond, were as follows, to wit:—Yeas 49—Nays 36. Thereupon, Ordered, That the said bill be recommitted to a committee of the whole house. The house then resolved itself into a committee of the whole, on the bill, entitled, " An act for promoting medical science in the state of New-York," and after some time spent thereon, Mr. Speaker resumed the chair, and Mr. D. Rogers, from the said committee, reported, that after the committee had gone through the bill, made an amendment and added a clause, the questn i. * Journal of the Assembly, 32d session, p. 293. 4. 5. s l)H was put, whether the committee would agree to the whole bill, and it pas»ecf in the negative. That the yeas and nays having been called for by Mr. Bishop, seconded by Mr. H. Bloom, were as follows, to wit:—Nays 49—Yeas 43. Which he was directed to report to the house ; and he read the report in his place, and delivered the same in at the table, where it was again read. Thereupon, Resolved, That the bill be rejected.* Notwithstanding the very favourable sentiments which had been expressed in the report of the committee who introduced the billT and the able support which the bill itself received from many of the most influential members of the house, of both po- litical parties, among whom may be mentioned Mr. Van Vech- ten, General German, Colonel Van Rensselaer, Major Fairlie, 3Ir. Skinner, Mr. Sanford, Mr. Ross, and the speaker of the house, general Wilkin, the bill was ultimately lost by a majority of isix votes. It will be asked, to what cause is this failure to be ascribed, after so many and repeated expressions of the gene- ral approbation of the house. I answer, to misconceptions re- lative to the value of the property, and especially of the plants, which, agreeably to the act proposed in that session, were to be included in the valuation. These erroneous impressions had the effect of changing the sentiments of a few, by which the bill was lost. I should now have proceeded to dispose of the property at private sale ; but finding that the failure of my application had created strong sensations of regret among many gentlemen of the medical profession, as well as of others who feel an interest in the welfare of our medical school, and in the literary reputa- tion of the state, I was induced, by their advice, to make ano- ther appeal to the legislature. In this I was also encouraged by the very spirited and honourable zeal manifested on that occa- sion by the president and members of the medical society of the county of New-York, and of many other medical societies throughout the state. To Dr. James Tillary, the president of the medical society of the county of New-York, great obligations are due from me, as well as from the medical schools of our city, for his exertions on that occasion, in introducing the subject to the attention of the society. Extract from Dr. Tillan/s address, delivered before the Medical Society of the , County of New-York, at a meeting of the Society, held on the id of October, "Permit me, gentlemen, before I sit down, to call your attention for a mo- ment, to a subject not irrelevant to, butintimately connected with, the interests * Journal of the Assembly, 32u session, p. 309,10,11. 23 of pur profession: T mean the botanic garden, established in the vicinity of New-York. Of this useful establishment it were small praise to say, that it exceeds any thing of the kind ever attempted in this state, or perhaps in the United States.—The truth is, that its founder, with a zeal that has not stooped to narrow or niggardly considerations, but which has almost overleaped the boundaries of prudent calculation, finds the ardour of his pursuit much weak- ened by the constant labour and expenses still necessary to uphold and extend this undertaking. An individual, who like Dr. Hosack, has devoted so great a proportion of his time to an object of acknowledged importance to the pub- lic interest, and which might have been employed more to the advantage of his family, ought not, I conceive, to be suffered to deplore the consequences of unremitted exertions to promote the cause of science and the honour of his country. For my part, gentlemen, I have always been decidedly of opinion, that from the day he found the botanic garden too heavy a concern for the time and pocket of an individual, that public patronage should magnanimously have in- terfered to lighten the burden- But such interposition I hope is at hand; and I trust that the legislature of the state at their next session will generously interfere and finish a work that is too heavy for the purse of a private citizen. That a portion of the public revenue should be thus employed will be appa- rent from the following considerations: to which, if it were necessary, others of equal cogency might be added. The chief medical education of our youth must be derived from this city, where colleges and professors of no inferior grade, are ready and able to un- lock those treasures of science, which they will in vain look for in any other part of this great and growing state. A botanic garden is essentially necessary to furnish the means of a complete system of medical education. This 1 am warranted in saying by referring to the medical universities in Eu- rope, none of which claim celebrity without such an institution, l'ossessed, as we long have been, of able teachers, in every department of medical science, of an extensive public hospital, so richly endowed and so discreetly conducted, one only desideratum was a botanic garden ; one which owes its design and execution to the skill and superintendance of some competent in- dividual, but its protection to the public sentiments, and its provision to the public purse. Here it may not be amiss to observe to you, that the institution how recommended to your patronage, has the honour of having been the first ever attempted in the United States. The praiseworthy example of .Dr. Ho- sack has since been followed elsewhere; enlarged views on this subject have, in several of the most respectable states, produced a settled conviction that It would be wise to provide, without loss of time, for this desirable object. Ac- cordingly they have made handsome appropriations for a botanic garden, in the full persuasion that its national advantages are not confined to the physician, but extend to the agriculturalist, and are made in some degree subservient to the arts which comfort, and the sciences which ennoble mankind Unless a botanic garden, of dimensions befitting national views, be established near this city, and supported at the public expense, Pennsylvania will inevitably be- come, as it relates to the states, what she deserves to be, if we cannot rival her, the Edinburgh of America, the seat of science and chief nursery of arts. Hence it will follow, that our students will be compelled to quit their native state to seek that knowledge abroad, which ought to be provided for them at home. Lastly, Gentlemen—It ought to be considered by every friend to the real dignity of professional character, by every patriotic legislature, that few individuals in any country can be found so public spirited and so rich, as to support, by his own private means, such an establishment on a respectable, much less a national scale. What then have we to do ? In my judgment, shortly this: Let us intreat our rich and intelligent fellow-citizens, to use thsir influence with the lcgislatmr, to preserve to the state, the benefits of this '2* infant establishment. Let us by the most effectual means within our power, individually, as well as aggregately, call on every class of the community to aid in this reputable effort; and let the whole combined social and professional strength of the country, all the medical societies in their corporate capacity, be called forth to unite in an address to the honourable the legislature, on this highlv interesting subject. The medical faculty of this state, from their num- bers, "respectability, and just influence in the community, are entitled (I speak with due respect of the constituted authorities) to be heard by their repre- sentatives, and, if practicable, to be gratified in a case like this, which is neither private nor personal, but one of great and general concern. Holding this sentiment, 1 do no more than offer a fair tribute to the patriotism and dis- cernment of our public guardians, when I confidently believe they will not be indifferent to a proper representation on this very important subject." Whereupon, it was resolved unanimously, that the thanks of this society- be presented to the president, for his patriotic and eloquent address, and that he be requested to address a Circular letter to the president of the different county societies throughout the state; requesting them to unite with this so: ciety, in addressing the legislature, relative to the botanic garden, and in soliciting them to purchase the same, for the benefit of the medical schools of this city. (CIRCULAR.) Sir, At a late regular meeting of the medical society of the county of New.- York, it was made my duty to communicate to you their unanimous wish, that the medical society over which you preside would co-operate with them in presenting to the legislature at their next session, a petition soliciting the purchase of the botanic garden, established in the vicinity of this city. Se- veral weighty considerations lead us to desire and to hope that from the patriotism of that honourable body, they will be inclined to gratify the medi- cal faculty of the state, by the purchase of this valuable establishment. As the city of New-York will probably be the resort of medical students from different parts of the state, we naturally anticipate, that while they arc acquiring enlarged views and a scientific knowledge of the vegetable kingdom, they may, at the same time, be the happy instruments of discovering among the native treasures of our country, such as may not only possess useful me- dicinal properties, and thus subserve the practice of medicine, but those also which may more extensively apply to the general good of the community. In this manner the benefits of the botanic garden will probably, in a very few years, extend to every part of the state, and diffuse its benignant influence to the remotest parts of our wide extended country. It is scarcely proper to remind you, sir, on this occasion, that a botanic garden is absolutely necessary to complete the means required, for attaining a finished medical education. You will, however, permit me to say, that on this subject there is no difference of opinion among your medical brethren in New-York nor will there be any jealousies excited in consequence of the disposition which the wisdom of the legislature may judge proper to make of it. For if they determine that it shall remain in connection with the medical schools in this city, the advantages will remnin to every student that seeks instruction in the metropolis. Our anxiety, therefore, to preserve this eleg-ant and useful establishment, is proportioned to the disappointment we shall feel 1 t T 'v1"6 ?° T mterfere and secure it for the public good. Should they be disinclined to listen to the prayer of our petition on this interesting subject, the botanic garden must inevitablv pass into other hands • for wf may not dissemble the fact, that the proprietor, Dr. Hosack after* aH his exertions to retain it, finds the undertaking not only too heavy for Ws private funds to support, but incompatible with the dut/ which he^owes to a?r sfng a:> Uniily. lor these, and other reasons which might be urged, wr trust that you will address the medical society over which you preside, on this import- ant topic, and we also hope that you will favour us as soon as possible, with such resolutions as you may think proper to express respecting it, in order that we may come forward with a united memorial to the honourable the legislature, at the ensuing session. 1 have the honour to be, Sir, your obedient and humble servant, JAMF.S TILLARY, President Med. Society. C. N. Y. At an extraordinary meeting of the medical society of the county of New-York, held on the loth of January, 18lO. On motion, resolved, that this society do renew their application to the legislature, for the purchase of the botanic garden. Whereupon the following memorial to the legislature was read and approved: To the Honourable the legislature of the State of New-York, in Senate and A.°- si-mb.'ii—'t'/ir respectful Memorial of the Jl-d:cuL Society of the City and Coun- ty ler, J. Rutsen Van Rensselaci The students of medicine attending the medical schools which were then in session, feeling a deep interest in the success ol tks. i2S applications abot;t to be made to'the legislature, also prepared a memorial upon the same subject, as follows : To the honourable the Representatives of the People of the state of New-York, in Senate and Assembly convened—The Memorial and Petition of the Student* attending the Medical Schools in the city of New-York—Respectfully Shew- eth— That your memorialists and petitioners, deeply impressed with the impor- tance of a regular course of medical education, have witnessed, with the greatest satisfaction and gratitude, the exertions which have been made by your honourable body towards completing a medical establishment in this state. Your memorialists chiefly refer to the several acts lately passed for that purpose, and which remain on the records of the state as lasting monu- ments of the wisdom and paternal solicitude of the legislature for the welfare of the community. While your memorialists thus sincerely express their sen- timents of gratitude for the liberality which has already been displayed, they take the liberty of suggesting, that this subject acquires additional impor- tance from the necessity, at this time, of cultivating, at home, the means of medical instruction, when students cannot go abroad and frequent the se- minaries of Europe, without great inconvenience and difficulty; and they beg leave to represent, that a botanic garden alone is wanting to esta- blish the respectability and promote the utility of the medical schools of this city. That a knowledge of the science of botany is indispensably necessary to a medical student before he can sustain the character of a well-educated physi- cian, is a truth confirmed by the practice and experience of every celebra'ted school in Europe. Every citizen in the state is deeply interested in the pro- motion of medical knowledge; for every man's life is in danger when he chances to fall into the hands of an ignorant physician. It has been alleged and the opinion is, as we conceive, well founded, that " every country pro- duces plants which are antidotes to the common diseases of that country " Such being the case, the study of botany is of singular importance to ame'di- ca! student in this new country, the vegetable productions of which are not hitherto sufficiently explored. By the zealous exertions of an individual, a botanic garden has been esta- blished in the vicinity of this city, and the founder of it has generously de- voted it to the use of such students as have resorted to New-York for medical instruction. This institution has already produced the most beneficial ef- iects. But your memorialists, as well on their own as on account of every medical student who may succeed them in this city, deeply lament that so excellent an establishment is in danger of being destroyed orconverted to other uses than those to which it is now devoted. *If that Euld tTplace a yaluaole and extensive collection of plants would doubtless be transferred to a ^al school in some neighbouring state, and we should hardly expect to see another botanic garden In this city. * CA1'e" lo see No city in the union is better calculated for the seat of a great medical school than New-York. It is of peculiarly easy access by watf.^^ from other states. Its medical professors are of acknowledged celebrity and rts lib/ rally endowed public hospital affords the best means of prac icalTnfornL on" An extensive^botanic garden is almost the only thing wanted to consti ute a few^?Cdn "C SWI-T°r < carry this recommendation into effect, the committee have directed their chairman to ask for leave to bring in a bill for that purpose. Thereupon, Ordered, that leave be given to bring in such bill. Ordered, That the said report be forthwith printed for the use of the senate.* February )3th, IS 10. Mr. Livingston, according to leave herrtofore given for that purpose, brought in a hill, entitled " \n Act for promoting medical science in the state of New-York," which was read the first time, and by unanimous consent, was also read a second time, and committed to a committee of the whole f February 17th, 1810. The proceedings of the medical society of the county of Saratoga, of the medical society of i lie county of Ulster, of the medical society of the county of Dutchess, and of the medical society of the county of Niagara, relative to the purchase of the botanic garden of Dr. Hosack, were referred to the commit- tee of the whole, when on the bill, entitled " An act lor promoting medical science in the state of New-York."t February 20th, 1810. The senate then resolved itself into a committee of the whole, on the bill, entitled, " An act for promoting medical science in the state of New-York," and after some time spent thereon, Mr. President resumed the chair, and Mr. Burl, from the said committee, reported progress, and asked for, and obtained leave to sit again.§ Upon that occasion Mr. Clinton called the attention of the senate to this subject by an historical sketch of the progress of botanical science in Kurope as well as in this country. He then pointed out its connection with medicine, and its relation to agri- culture and the arts. He next noticed the advantages we had reason to expect from its cultivation in the United States, at the same time recounting the labours and discoveries of Golden, Cut- ler, Belknap, the Bartrams, Muhlenberg, the Michauxs, Barton, and others, who have been occupied in this extensive and still un- explored field of enquiry. He concluded by warmly advocat::^- the proposed purchase as honourable to the state of New-York, and calculated to improve the advantages of its medical school, as well as to exalt the literary reputation of our country, lie- was followed bv General Piatt, who took an extensive survey of the general state of society in the United States, and of the pro- • Journal of the Senate, 33d session, i>. 37, 38. t Jounml of the Senate. 33d mnmoii, ji. 41. 1 Journal of the Senate, ZM\ vision. ]>. 49. . Journal »f the Senate. 3Jd >t--sion.j'. 55. 34 $ress that had been made in the cultivation of those sciences which are most essentially necessary ; and concluded by urging the expediency and propriety at this time of cultivating those which, though not of the same importance, are still highly useful and necessary in completing our medical schools, at the same time that they are calculated to subserve the general interests of learning, and to enrich our countrv bv the discovery of many articles important in the arts and in medicine. Mr. Edward P. Livingston also, in a very able address, urged the advantages to be expected from this accession to the numerous means of medi- cal instruction at present afforded by the schools of New-York, and illustrated at length many of the sentiments contained in the report which, as chairman of the committee, he had presented to the senate. He was succeeded by Mr. Paris, and some other members, who united in similar views of this subject. A few gentlemen, however, distinguished for their liberality upon most subjects which come before them, in which the cha- racter and general interest of the state are concerned, opposed the passage of this bill. Among these was judge Taylor a dis- tinguished member of the senate, whose name I particularly introduce upon this occasion, lest it might be supposed that a gentleman of his weight of character and influence in our pub- lic counsels should be thought hostile to the principles of the bill itself. On the contrary, in that respect, it received his approba- tion, and which he expressed upon the floor of the senate in the course of the debate upon that subject, but opposed the bill alto- affaire "^ ^ mexpediency in the then posture of our public The senate again resolved itself into a committefofThTwlVok'o^ti^ bill, entled "an act for promoting medical science in the s a TewYork» and after some time spent thereon, Mr. President resumed the chair and Mr Burt, from the said committee, reported, that in proceeding on the saW WH" theret?^ '"?' h^ ■*«""■* ™ the committed, the firft enacting lu'e thereof was again read, m the words following-, to wit • S BE it enacted by the beoble of the itatr nf \; „■ v^u and assembly, That thZ ImLilJZ ^^^^mT^tL*"^ hereby d.rected, with all convenient speed, to treat in behalf of th y, "5 this state, with the said David Hosack for the 11= fl ofthe people of sing the botanic garden, commonly c^edElS^wmfth ^ limds C°mpri" thesaid city of New-York, an72ned by the aid ^v H h'^T6"""0/? "ear people of 'this stale, for,hprS'i whichnhtT^Tu? f°r ?' "Se "'the *» -d i. such ca,ethe .&, nv^ffi^S&SJ** 35 attorney-general of the state, or to the attorney of the district in which the city and county of New-York is situate, and thereupon it shall be the duty of the attorney-general, or of the district-attorney, to examine the title of the said Daviil Hosack to the said lands, when the state of the title shall be ex- hibited to him by the said David Hosack, and if upon such examination it shall be found that the said title is perfect, and free from all incumbrances, it shall be the further duty of the attorney-general, or of the district-attorney, to re- ceive from the said David Hosack a good and sufficient deed of the said lands, with the appurtenances, to the people of this state ; Provided always, That the ■aid commissioners shall not be authorised to include in such vaulation the trees, plants and shrubs appertaining to the said botanic garden, but they shall nevertheless require, that the said trees, plants and shrubs shall be con- veyed by the said deed That debates were had thereon, and the question having been put, whether the committee would agree thereto, it was carried in the affirmative. The yeas and nays being called for by Mr. Buel, seconded by Mr. Barlow, were as follows, to wit:—Yeas 16—Nays 11. Mr. Burt further reported, that the committee had gone through the said bill, made amendments, filled up the blanks, and agreed to the same, which he- was directed to report to the senate; and he read the report in his place, and delivered the same in at the table, where it was again read, and agreed to by the senate Ordered, That the bill be engrossed.* February ~2d, 1810. The engrossed bill, entitled, " an act for promoting medical science in the state of New-York," was read the third time. Mr. President put the question, whether the said bill should pass, and it was carried in the affirmative. The yeas and nays beinjr called for by Mr M'Lean, seconded by Mr. Coc, were as follows, to wit :—Yeas 15—Nays 12. Thereupon, Resolved, That the bill do pass. Ordered, That the clerk deliver the said bill to the honourable the assem- bly, and request their concurrence-! IN ASSEMBLY. February 22d, 1810. A message from the honorable the senate, delivered by their clerk, with the bill therein mentioned, was read, informing, that the senate have passed the bill, entitled "an act for promoting medical science in the state of New-York," in which they request the concurrence of this house. The said bill was read the first time, and ordered a second readings February 23d, 1810. The bill, entitled "anact for promoting medical science in the state of New-York," was read the second time, and committed to a committee of the whole house.§ March 3d, 1810. The petition of the medical society of the county of Clinton, praying that Doctor Hosack's botanic garden may be carried into as great perfection as possible at the expense of this state, was read and committed to a committee • Journal of the S« nate, 3 id session, p. 58, 59. t Journal of the N n:itt ■. vV ;1 session, p. 123. *. f Jourmrt «f lira \. uii.feh. ."i s«sri««. f. i?<. 36 of the whole house, when on the bill, entitled " an act for promoting medical science in the state of New-York."* March 7th, 1810. The bouse resolved itself into a committee of the whole, on the bill, entitled " an act for promoting medical science in the state of New-York," and after some time spent thereon Mr. Speaker resumed the chair, and Mr. Bulklev, from the said committe, reported progress, and asked for and ob- tained leave to sit again. Mr. l'ratt made a motion, that the house should agree to a resolution, which was read in the words following, to wit: /iV.v. Ived, That the further consideration of the bill, entitled " an act for promoting medical science in the state of New-York," be postponed until the meeting of the next legislature ; and that the commissioners of the land office be, and they are hereby directed to treat, iu behalf of the people of this State, with David Hosack, with regard to the purchase of the land comprising the botanic garden, commonly called Elgin, with the appurtenances including the trees, shrubs and plants, appertaining thereto ; and if the said David Hosack shall consent to sell the same, the commissioners are hereby required to ob- tain from him the best terms that he will dispose of the said garden to the peo- ple of this state, and report the same to the next legislature. Ordered, That the consideration thereof, be postponed until to-moiTOW.f It is proper, in this place, to observe, that in the house of as- sembly, as well as in the senate, this bill found many liberal and able advocates. Mr. Van Vechten, Judge Brooks, Mr. Cady, Dr. Comstock, Dr. Mitchill, Mr. Grosvenor, Mr. Morrell, Mr. Bulklev, Mr. French, Judge Ostrom, Judge Glen, Judge Bishop, Mr. Nealy, Mr. Stephen Van Rensselaer, Mr. Skinner, and the speaker General North, gave it their strenuous support. The meritorious exertions of these gentlemen, in behalf of our medical schools, demand, and will receive the grateful acknow- ledgments, not only of the profession, but of the friends of science in genen;I. March 8th, 1810. The house proceeded to take into consideration the resolution propo- sed by the motion of Air. Pratt, as entered on the journals of this house, of yesterday. Thereupon, on motion of the mover of the said resolution, Ordered, That he have leave to withdraw the same. + The house then resolved itself into a committee of the whole, on the en- grossed bill, from the honourable the senate, entitled, " an act for promoting medical science in the state of New-York," and after some time spent thereon, Mr. Speaker resumed the chair, and Mr. Bulkley, from the said committee, reported, that in proceeding on the said bill, and after the same had been read in the committee, the first enacting clause thereof was again read, and is in the words following, to wit: Be it enacted by the people oft/ie state of New-York, represented in senate and assembly, That the commissioners of the land office be, and they are hereby * Journal of the Assembly, 33d session, p. 178. t Journal of the Assembly, 33d session, p. 218. t- Journal of the Assembly, 33d session, p. 220. 37 directed, with all convenient speed, to treat in behalf of the people of this state, with the said David Hosack, for the purchase of the lands comprising the botanic garden, commonly called Klgin, with the appurtenances, near the said city of New-York, and owned by the said David Hosack, at a fair and equitable valuation thereof, to be made by such persons and in such manner as the said commissioners shall for that purpose direct and appoint. And if upon such treaty and valuation the said David Hosack shall consent to sell the said lands, with the appurtenances, to the said commissioners, for the use of the people of this state, for the price at which the same shall have been valued, then and in such case the said commissioners shall give notice thereof to the attorney general of the state, or to the attorney of the district in which the city and county of New -York is situate, and thereupon it shall be the duty of the attorney general, or of the district attorney, to examine the title of the said David Hosack to the said lands, when the state of the title shall be exhibited u> him by the said David Hosack ; and if upon such examination it shall be found that the said title is perfect and free from all incumbrances, it shall be the further duty of the attorney general, or of the district attorney, to receive from the said David Hosack a good and sufficient deed of the said land, with the appurtenances, to the people of this state : Provided always, that the said commissioners shall not be authorised to include in such valuation the trees, plants and shrubs appertaining to the said botanic garden, but they shall, ne- vertheless, require that the said trees, plants and shrubs shall be conveyed by the said deed. That debates were had thereon, and the question having been put, whether the committee would agree thereto, it was carried in the affirmative. That the yeas and nays were called for oy Mr Van Antwerp, seconded by Mr. < -ale, and were as follows, viz :—Yeas 57—Nays 38. That in further proceeding in the said bill, Mr. Yan Antwerp made a motion, that the committee should agree to rise, report progress, and ask for leave to sit again. That debates were had thereon, and the question having been put, whether the committee would agree to the said motion, it passed in the negative. That the yeas and nays were called for by Mr. Van Orden, seconded by Mr. Ilrouwer, and were as follows, to wit:—Nays 59—Yeas 32. That in further proceeding in the said bill, the third enacting clause thereof was again read, and is in the words following, to wit: And be itfurther e?iacted, that immediately after the said deed shall be receiv cd for record in the office of the secretary of this state, it shall be the secreta- ry's duty to notify the same to the managers hereinafter named, together with the amount of the consideration money in the said deed expressed, whereupon the said managers, or a majority of them, and the survivors and survivor of them, .shall have power to raise the said consideration money by a lottery, consisting of one or more classes, and to adopt such schemes as to them, or a majority of them, or the survivors or survivor of them, may appear proper, to sell the tickets, and to superintend the drawing of the lottery, and the pay- ment of the pri/.esof the same : Provided always, That the said managers shall not proceed to sell any of the tickets of the said lottery until after the drawing of every other lottery heretofore authorised by law. That debates were had thereon, and the question having been put, whe- ther the committee would agree thereto, it was carried in the affirmative. That the yeas and nays being called for by Mr. Van Antwerp, seconded by Mr. Bellinger, and were as follows, to wit:—Yeas 54—Nays 34. Mr. Bulkley further reported, that the committee had gone through the bill, made an amendment, and added a proviso to the last enacting clause of the bill, and agreed to the same, which he was directed to report to the house; and 5 38 he read the report in his place, and delivered the same in at the table, where it was again read, and agreed to by the house. Ordered, That the amendment be engrossed.* March 9th, 1810. The engrossed bill, from the honourable the senate, entitled, " an act for promoting medical science in the state of New-York," with the engrossed amendment, was read the third time. Mr. Speaker put the question whether the said bill with the amendment should pass, and it was carried in the affirmative The yeas and nays being called for by Mr. Strong, seconded by Mr. Zeilley, were as follows, viz :—Yeas 57—Nays 42. Thereupon, resolved, That the bill and amendment do pass. Ordered, That the clerk deliver the bill and amendment to the honourable the senate, and inform them that this house have passed the same with the amendment therewith delivered-! IN SENATE March 10th, 1810. A message from the honourable the assembly, delivered by their clerk, with the bill and amendments therein mentioned, was read/informing the se- nate, that they had passed the bill, entitled «* an act for promoting medical science in the state of New-York," with the amendments therewith delivered. The said bill with the amendments being read, and the amendments having been again read, were severally concurred in by the senate, and the bill amended accordingly. Ordered, That the clerk deliver the said bill and amendments, to the ho- norable the assembly, and inform them, that the senate have concurred in their amendments to the said bill, and have amended the same accordingly.^ IN ASSEMBLY. March 10th, 1810. A message from the honourable the senate, delivered by their clerk, with the bill and amendments therein mentioned, was read, informing, that the senate have concurred with this house in their amendments to the bill, entitled " an act for promoting medical science in the state of New-York," and have amend- ed the same accordingly. The amended bill having been examined, Ordered, That the clerk return the said bill to the honourable the senate.§ IN SENATE. March Wth, 1810. The honourable the assembly, by their clerk, returned the bill, entitled" an act for promoting medical science in the state of New-York." Ordered, That the clerk deliver the said bill to the honorable the council of revision.|J March 12th, 1810. A message from the honorable the council of revision, delivered by the secretary of this state, was read, informing, that it does not appear improper to the council, that the bill, entitled " an act for promoting medical science in the state of New-York," should become a law of this state.fl Journal of the Assembly, 33d session, p, 220,221, 222, 223. t Journal pf the Aksembly. 33d session, p. 223, 224. t Journal of the Senaw. 3."M session, p. 92,93. § Journal of the Assembly, 33d session, p. 232. M Journal of the Senate, 33d session, p. 95. 1 Journal of the Senate. 33d session, p. 97. 39 THE ACT, Pa,*cd March 12, 1810- Whereas the medical society of the city and county of New-York, the common council of the said city, the governors of the New-York hospital, the medical society of the state of New-York, and divers respectable citizens, are deeply impressed with an opinion that the botanic garden established and owned by David Hosack, of the said city, physician, at a place called Elgin, near the said city, may become a great public benefit by being applied to promote medical science in this state ; and under the influence of this opinion they have strongly recommended it to the legislature to purohase the said botanic garden, in behalf of the state. And whereat: the legislature, as well from a respect to the said recommendation, as from a persuasion that the said botanic garden, in the hands of the state, will essentially conduce to the advancement of medical knowledge, arc desirous that the said purchase may be made ; wherefore, I. Be it enacted by the People of the State of New-York, represented in Seriate and Assembly, That the commissioners of the land-office be, and they are hereby directed, with all convenient speed, to treat in behalf of the people of this state with the said David Hosack, for the purchase of lands comprising the botanic garden, commonly called t'-lgin, with the appurtenances, near the said city of New-York, and owned by the said David Hosack, at a fair and equitable valuation thereof, to be made by such persons and in such manner as the said commissioners shall for that purpose direct and appoint; and if, upon such treaty and valuation, the said David Hosack shall consent to sell the said lands, with the appurtenances, to the said commissioners, for the use of the people of this state, for the price at which the same shall have been valued, then and in such case, the said commissioners shall give notice there- of to the attorney general of the state, or to the attorney of the district in which the city and county of New-York is situate, and thereupon it shall be the duty of the attorney general, or of the district attorney, to examine the title of the said David Hosack to the said lands, when the state of the title shall be exhibited to him by the said Davidllosack, and if upon such examina- tion it shall be found that the said title is perfect and free from all incum- brances, it shall be the further duty of the attorney general, or of the district attorney, to receive from the said Da\ id Hosack, a good and sufficient deed of the land, with the appurtenances, to the people of this state. Provided always, That the said commissioners shall not be authorised to include in such valuation the trees, plants and shrubs, appertaining to the said botanic garden, but they shall nevertheless require that the said trees, plants and shrubs shall be conveyed by the said deed : Provided always, That the valua- tion so made by the appraisers shall not be conclusive or binding on the com- missioners of the land office. II. And be it further enacted, That after the said deed has been duly execu- ted and acknowledged, and delivered to the attorney general, or the district attorney, it shall be the further duty of the attorney general, or of the dis- trict attorney, to endorse and subscribe on the said deed a certificate, setting forth that he approves of the deed ; that he has examined the title of the said David Hosack to the lands by the said deed conveyed, and that upon such examination, he found the said title to be perfect and free from all in- cumbrances ; and thereupon it shall be the further duty of the attorney gene- ral, or of the district attorney, to transmit the said deed without delay to the office of the secretary of this state, to be there recorded. III. And be it further enacted, That immediately after the said deed shall be received for record in the office of the secretary of this state, it shall be the secretary's duty to notify the same to the managers hereinafter named, to- 40 gether with the amount of the consideration money in the said deed ex- pressed ; whereupon the said managers, or a majority of them, and the sur- vivors and survivor of them, shall have power to raise the said consideration money by a lottery, consisting of one or more classes, and to adopt such scheme or schemes as to them, or a majority of them, or the survivors or survivor of them, may appear proper, to sell the tickets, and to superintend the drawing of the lottery, and the payment of the prizes of the same : Pro- vided always, That the said managers shall not proceed to sell any of the tickets of the said lottery until after the drawing of every other lottery here- tofore authorised by law. IV. And be it further enacted, That each of the said managers, before he takes upon himself the management of the said lottery or lotteries, shall enter into a bond to the people of this state, with such sureties as the comp- troller of this state shall approve of, in the sum of twenty-five thousand dol- lars, conditioned for the honest and faithful discharge of the duties required of him by this act, and for rendering a just account of his proceedings at the next session of the legislature after the drawing of said lottery. V. And be it further enacted, That the said managers, as often as they shall receive five thousand dollars from the sales of tickets, shall deposit the same for safe keeping in one of the banks established within this state. V I. And be it further enacted, That the said managers, after drawing of each class of the said lottery, shall forthwith pay the net amount or avails of the class so drawn to the said David Hosack, towards satisfaction of the con- sideration money expressed in the deed above mentioned. VII. And be it further enacted, That Samuel L. Mitchill, John L. Broome, Benjamin De Witt, Moss Kent and Jeremiah Johnson, shall be, and hereby are appointed managers of the said lottery. VIII. And be it further enacted, That it shall also be the duty of the secre- tary of this state, immediately after the receipt of the said deed for record as aforesaid, to give notice thereof to his excellency the governor, and that thereupon it shall and may be lawful for the regents of the university, and they are hereby required, from time to time, to make such orders and regu- lations relative to the keeping, maintaining and preserving the said botanic garden, and the use and employment thereof for the benefit of the medical schools of this state, as they shall judge to be most conducive to the public good ; and they are hereby directed to make such regulations and take such measures for the support of the said establishment, that it shall be attended with no future charge or expense to the state : Provided always, That the physicians and students of medicine throughout the state shall at all times have access to the said botanic garden free from any expense: And provided further and it is the true intent and meaning of this act, that the people of this state sball have the, right at all times to sell and dispose of said property ;n such way and for such purposes as they may deem expedient. '*->*, 41 PROCEEDINGS OF THE LAND OFFICE. APPOINTMENT OF THE AfrRAISEaS. At a meeting of the Commissioners of the Land Office, held at the Secretary's Office, on Wednesday, the 25th day of April, 1810, Present—DANIEL D. TOMPKINS, Governor. DAMKL HALE, Secretary. ARCHIBALD MMNTYKE," Comptroller. ABRAHAM (;. LANSING, Treasurer. ABRAHAM VAN VECHTEN, Attorney ("icncral. Resolved, That MathewClarkson, Richard Varick, Richard Ilarison, Ma- rinus \\ illet and Arthur Smith, be, and they arc hereby appointed appraisers to appraise the land comprising the botanic trarden, commonly called Elgin, with the appurtenances situate in the city of New-York, pursuant to the act, entitled, " An Act for promoting medical science in the state of New-York," passed March 12th, 1810; and that the said appraisers shall, as soon as con- veniently may be, make a return in writing of such appraisement under their hands, or under the hands of any three of them, sworn to before the mayor, recorder or one of the aldermen of the said city, into the office of the sccreta- ry of this state. Ordered, that the secretary transmit a copy of the preceding resolution to each of the said appraisers. A true copy of the minutes of the 25th of April, 1810. ' DANIEL HALE, Secretary. Believing that the annual quit rent reserved by the corporation upon the lands sold by them, in the vicinity of the city, might create some embarrassment with the appraisers in estimating the value of the botanic garden, and might become an impediment to the conveyance of the same to the people of the state, ajrrecablv to the terms of the act requiring the property to be free from every incumbrance, I addressed the following letter to the mavor, aldermen and commonalty, soliciting a release of the rent reserved by them upon the botanic garden. New-York, May 7th, 1810. Sometime since I had the honour to address an application to the com- mon council, respecting the quit rent on the ground I purchased from the cor- poration, and now occupied as a botanic garden. . P Agreeably to the act of the legislature passed at the las session, that pro- nertfis now to be appraised and will probably be conveyed to the state : but fSact requiring that it should be conveyed free from all incumbrances,! Wleavetorecal the attention of the board to the subject of my fromer ap- pucation. If, in consideration of the nature of the estab ishment being de- voted to the benefit of the medical schools of this city, the additional value which it has given to public property in the neighbourhood, or he sacrifice I make in col™ ing to the state, 'without remuneration the valuable collection of Plants belonging to the institution, the corporation should be induced to re- u it to me the fuit rent, I should feel it as an additional favour to those I have 43 already experienced from the board: should that, however, not meet their views, and that they consent to commute the rent, I should be greatly obliged by their determining, as early as possible, the commutation they may sup. pose it proper for me to pay, as it will facilitate the duties of the appraisers, and:enable me, without delay, to comply with the requisitions of the act on that subject. I am, Sir, respectfully, Your humble servant, DAVID HOSACK. The Hon. the Mayor. PROCEEDINGS OF THE CORPORATION. In Common Council, May 7th, 1810. A petition of David Hosack, respecting the quit rent, reserved on his lands at the botanic garden, was received and referred to a committee consisting of aldermen Mesier, Bingham, and Roosevelt. In Common Council, May 21st, 1810. The committee, to whom was referred the petition of David Hosack, re- ported, " that they find the quit rent reserved on the ground, occupied as a botanic garden, amounts to sixteen bushels of wheat per annum, and that at an average of one dollar and twenty-five cents per bushel, it will require a capital of two hundred and eighty-five dollars and seventy-one cents to yield an equal revenue. Your committee, however, considering the smallness of the sam, and feeling disposed to co-operate with the legislature, in their laudable and erenerous views of devoting this institution to the benefit of the medical schools of this city, and also to remunerate, as far as practicable, the patriotic contributions of time, talents and labour, which Dr. Hosack has so unceasingly bestowed upon this object, recommend, that the quit rent, reserved in the botanic ffar- den be remitted or released, so as to enable Dr. Hosack to comply with the act of the legislature, which requires a conveyance of the same should be made free from incumbrance. All which is submitted. (Signed) PETER MESIER, JOHN BINGHAM, ,.,, .4 , , JAMES ROOSEVELT. •Whereupon it was moved that the quit rent be released to him on payincr an equivalent therefor, which was agreed to. It was then moved, that the sum to be paid therefor be four hundred dollars. On the question to airree to NaysT-A* m™""1 g ""^ ^^^ lt Passed in the negative.- It was then moved, that the sum to be paid be two hundred and eighty-five dollars and seventy-one cents, which was carried in the affirmative-Ayes 10 Having paid the above sum to the corporation, the release of the quit rent was accordingly executed. REPORT OF THE APPRAISERS. ™r ..i ... . New-York, 5th June. 1810 \\ e the subscribers, having viewed the botanic garden belonirinjr to David warn ot the city of New-York, containing, accord ng to a survey thereof unon oath,nineteenacres, three roods and thirty-eight&Percherd one thousand eight hundred and ten, before me Josiah Ogden Hoffman, recorder of the city of New-York, personally appeared the within named Matthew Clark- son, Richard Yarick, Richard Harison, Marinus Willett and Arthur Smith, who being duly sworn, deposed and said, that the within appraisement and valuation is just and true to the best of their knowledge, information and be- lief in every respect, as the same is within contained. JOS. OGDEN HOFFMAN. State of New-York, Secretary's Office. I certify the preceding to be a true copy of an appraisement of the botanic garden, commonly called Elgin. DANIEL HALE, Secretary. Albany, September 4th, 1810. As doubts have been expressed in some of the public prints of the correctness of the preceding valuation, I consider it not improper to state, that the appraisers were occupied nearly six weeks in obtaining information of the value of land ju the vicinity of the garden, and in making up their estimates of the property itself. By the following account of actual sales made about the same time, and estimates which were received by the appraisers as well as by myself, from different gentlemen, who were supposed to be best acquainted with the value of land in the neighbourhood of the city of New-York, it will appear that the above valuation, presented to the land office, was less than any of those that are subjoined. New-York, January 30th, 1810. Dear Sir, . +■ ., In reply to your note of the 26th inst. requesting my opinion of the value per acre of your ground or garden ; was I in want of such a piece of ground, I should 'think it a good purchase at 2250 dollars, and not a bad one at 2500 dollars. In a few years, I have no doubt, it wdl be worth much mure Respectfully vour s, Dr. Hosack. A. HAMMOND. New-York, 4th May, 1810. Sir—When you asked me the other day what I deemed to be the real selling price of land about Bloomingdale, I presumed that you wished to have^mate- rials, by which the real value of vour garden per acre might be estimated, or 4.* rather the value of those lands before they were improved as at present; Rccollecunir that Charles Smith sold some lands, two or three years ago, to Mr Emmet the attorney, and Mr. William Adamson, I presumed that the cases were perfectly in point, because the sales were recent; because the lands he sold join your garden to the westward, and because neither of the pur- chasers are supposed to trifle with their cash; they both purchased m specu- lation The chief difference between Smith's land, and the land on which vour garden is founded is, that the land he sold is much lower, being sur- rourded by higher ground, and part of it is greatly incommoded by large I saw one of the title deeds last evening, by which it appears, that Charles Smith received 3000 dollars, in cash, for one acre, two roods, five poles and ciiditT square links of land, that is to say, 2000 dollars per acre, except that five poles are added to the acre and a half. When we consider the different situations of the soil, your lands being in general higher than Smith's, and commanding a better prospect, and that your lands at present are highly cul- tivated, we are in some measure prepared for determining their value by late actual sales. I am vour obedient servant, HUGH WILLIAMSON. Doctor D. Hosack. New-York, May 3d, 1810. Dear Sir, In rcplv to your request, I have to inform you that I purchased a square acre of land of Casper Simlar, lying on the Bloomingdale road, adjoining the Fnited States Arsenal, some years since, and gave him 5000 dollars per acre. This lot, I believe, is about a mile south of your botanic garden. I am, respectfully, your obedient servant, Doctor David Hosack. THEODORUS BAILEY. Dear Sir, New-York, January 29th, 1810. 1 cannot better answer your query respecting the value of your ground at Elgin, than by referring you to the sales made by the corporation, while 1 was cotii]Arollcr, of their lands at the five mile stone, called Hamilton square. In I8U7, they sold about twelve acres, in half acre lots ; some of the lots sold from 1200 to 1650 dollars per lot. There was a quit rent reserved upon each lot, of twenty bushels of wheat; and the average price, including the quit re- served, was 2750 dollars per acre. 1 will add, that I have frequently heard the value of your grounds spoken of, ami it has been generally allowed that they were, improved as the ground is, worth 2500 dollars per acre I am, Sir, with esteem, your's, Doctor D. Hosack. J.MORTON. New-York, May 3d, 1810. Dear Sir, At your request, I have examined the corporation sales of the lots afr Inklcburgh, and find that Mr. Patrick M'kav gave for lot No. 2, 1850 dollars. As this was a half acre lot, and as there was a reservation on it of twenty bush- els of wheat per annum, it brings that lot (estimating wheat at 12s. per bushel) at the rate of 4700 dollars per acre. Mr. M'Kay also bought, at same sales, lots No. 52 and 53, each half acre lots, and having the same quit rent re- served, for which he. gave 1720, and 1620 dollars. The average price of those three lots per acre, was (including the value of the quit rent) 4460 dollars. I am, with regard, your's, Doctor David Hosack- J. MORTON, 45 Kip's Bay, May 4th, 1810- Sir, Agreeable to your request, I have spoken to my brother, and we have judged that your property, known by the botanic garden, is worth 3000 dol- lars per acre. Much of our (on Kip's Bay) property is worth more, as it has brought more bot h at auction and at private sale. We are Sir, your most obedient servants, SAML. KIP. Doctor David Hosack. CORNS. KIP. New-York% June 4th, 1810- Sir, Agreeable to your request, we have taken into consideration the value of your land near the four mile stone, and are of opinion that it is worth 3000 dollar* per acre, independent of the buildings. JOHN R. MURRAY. Doctor David Hosack. WILLIAM OGDEN New-York, May 24th, 1810. Dear Sir, In conversation with you relative to the value of the botanic garden of Dr. Hosack, I expressed the opinion, that the land, exclusive of any improve- ments, was worth twenty-five hundred'dollars per acre. Since that conversa- tion I have visited the property, and found it in a high state of cultivation; I am therefore satisfied that the land, independent of the improvements, is worth at least twenty-five hundred dollars per acre, if not more. 1 am, Sir, respectfully your's, Richard Varick, Esq. FRANCIS B. WINTHROP. Two other estimates were also submitted to the appraisers, viz. one by Mr. William Bridges, a city surveyor, valuing the land at 2500 dollars per acre ; and another by Mr. Charles Loss, another citv surveyor, estimating it, under oath, at 3000 dollars per acre ; but as their estimates accompanied the surveys of the property, which were deposited with the conveyances in the office of the secretary of state, copies of them could not be pro- cured in time for this publication. Estimate of the Buildings at the Botanic Garden, We, the subscribers, builders, and residents of the city of New-York, at the request of doctor David Hosack, have valued the improvements on his land, near the four mile stone, called the botanic garden, to wit : the hot bed frames, the conservatory or green house, and its *ppendages, the dwelling house, the hot houses and their back buildings, the lodges, the gates and the fences around the land, including the wells, at the sum of twenty-nine thou- sand three hundred dollars. 829,300. JOSEPH NEWTON. ARTHUR SMITH. JOHN E. WEST. TIMOTHY B. CRANE New-York, January 16th, 1810. City of New-York, ss. Appeared before me in January, 1810, the above named Joseph Newton, Arthur Smith, John E. West, and Timothy B. Crane, and being severally 6 4(> sworn, did depose and say, that the contents of the above appraisement, signed by them, are just and true. DE WITT CLINTON. SUBSEQUENT PROCEEDINGS OF THE LAND OFFICE. Secretary's Office of the State of New-York, Albany, September 4th, 1810. Gentlemen, The commissioners of the land office have enjoined it upon me to transmit to you a certified copy of your appraisement of Dr. Hosack's botanic garden, with a request that you will be so obliging as to indorse thereon, a designa- tion of the value at which you appraised the garden, exclusive of any allow- ance for the delay of payment. W ith much respect, Your verv humble servant. DANIEL HALE, Secretary. Matthew Clarkson, Richard Varick, Richard Harison, Marinus Willett, and Arthur Smith, Esquires. Reply of the appraisers. Exclusive of any allowance for the delay of payment, we estimated the Far- den (including stone fence,) at 2,500 dollars per acre, making And we estimated the buildings, without the stone fence, (inclu- ded as above,) .........24,300 00 g>74,268 75 ■ T51jWh ole at ?eventy four thousand two hundred and sixty- eight dollars and seventy-five cents. M. CLARKSON, RICHD. VARICK, ' RICHD. HARISON, M. WILLETT, 24th September, 1810. ARTHUR SMITH. Upon the receipt of the foregoing reply from the appraisers designating the value of the property, exclusive of any Iwance being made for the delay of payment, considered by them as equivalent upon an average to five and a half years, (see the ap! pmsement, p. 42,) the following resolutions were adopted by the land office, and communicated to me by the secretary of state. Secretaiy's Office, State of New-York, Sir, October 9th, 1810. have the1ono^ant£^^ the land office, of the botanic garden. J Py theU Proceedings, on the subject I am respectfully, sir, Doctor David Hosack. loup dT^.86™*',, DAMEL HALE, Secretary. 47 At a Meeting of the Commissioners of the Land Office, held at the Secretary s Office, the 8th day of October, 1810, Pr.rsEvt-D \N1ELD. TOMPKINS, Governor DANIEL MALE, Secretary. ABRAHAM G. L\NSI\C, Treasurer. ARCHIBVLD M'TNTYRE, Comptroller. SIMEON DE WITT, Surveyor General. ABRAHAM VAN VECHTEN, Attorney General. Tbc secretary laid before the board a communication in writing, received from the appraisers of the botanic garden, near the city of New-York, called Elgin, made pursuant to a resolution of this board, of the 1st September last, in the words and figures following, to wit: Exclusive of any allowance for the delay of payment, we es- timate the garden, (including stone fence,) at 2,500 dollars per acre, making in all........S19,968 75 And we estimate the buildings, without the stone fence, (inclu- ded as above) .........g24,300 00 §74,268 75 The whole at seventy four thousand two hundred and sixty- eight dollars andscvcntv-live cents. M. CLARKSON, RICHARD Y MilPK, RICHARD HAUIsos. M. \\ I LI. E IT, ARTlll'R SMITH. 24//t Srptembcr, 181U. Resolved, That the commissioners of the land office, in pursuance of the directions of the act, entitled, " An act for promoting medical science in the state of New-York," hereby offer to doctor David Hosack, for the purchase of the lands comprising the botanic garden, commonly called Elgin, with the appurtenances, near the city of New-York, the sum of seventy-four thousand two hundred and si\t\ -eight dollars and seventy-five cents, (being the ap- praised value of the said garden,) payable in the manner provided for by the said act. . And in case the said offer shall be accepted by the said David Hosack, and his acceptance signified to the district attorney, mentioned in the said act, . Resolved, Tha't the said district attorney be, and is hereby requested to ex- amine the title of the said Da\id Hosack to the said lands, and ascertain whether the said lands are subject to any and what incumbrances, or reser- vations, and that he report thereon to the commissioners of the land office, according to the directions of the act aforesaid, with all convenient speed. Resolved, That the secretary transmit copies of the foregoing resolutions to Doctor Hosack, and the district attorney of the district which includes the city and county of New-York. State of Nvj-York, Secretary's Office. . 1 certify the preceding to be a true extract from the minutes of the proceedings of the commissioners of the land office. 1 ° DANIEL HALE, Secretary. Albany, October 9th, 1810. I do not hesitate here to acknowledge, with all due deference to the honourable the members of the land office, that the aoovc deduction mad- bv that board, from the appraisement pre- 48 sented to them by the commissioners, was to me unexpected. When I recollected, too, that the appraisement had been made by gentlemen of the highest respectability, distinguished for their correct judgment, information and integrity, exclusively selected and appointed by the land office, and that their valua- tion had been made upon the most mature inquiry and delibera- tion, and sanctioned by the solemnity of an oath, I confess, al- though the act only enjoins a " fair and equitable valuation," and makes no provision on account of the delay of payment, I ■was surprised that the board should have so construed the act as to have considered it necessasy to make any deduction from the appraisement of the commissioners. But confident that the legis- lature would consider the time and manner of payment as consti- tuting an essential ingredient in every valuation of property, I did not hesitate to signify my acceptance of the terms proposed by the land office. The engagements, too, into which I had been led by the expenses of that establishment, did not leave me at li- berty to decline their offer. I accordingly addressed the follow- ing acceptance to the district attorney : New-York, October 12th, 1810. To CadwaUader D. Colden, Esq. District Attorney, of the District including the city and county of New-York. Sir, I hereby signify to you my acceptance of the offer conveyed in the ioregoing resolution of the land office. DAVID HOSACK. On the 21st of the same month, I received the following com- munication from Mr. Colden relative to my title to the property. Dear Sir, October 21st, 1810. The law under which the commissioners of the land office have re- ferred to me, the affair of the botanic garden, makes it my duty to examine your Utletothe "lands comprising the botanic garden, commonlycaUel Elgin," and if I shall find the title perfect, and the lands free from aU in -umbrance, 1 am to receive a deed from you to the people of the state i nave no hesitation ,n saying, that the title you have exhibited to me, is perfect as toallthe lands conveyed to you by the corporation. But I find tSun 52 garden and makrng part of it, are certain portions of land wh chare de scribed in your deed from the corporation, and on the map therein referred t« as laid out for streets To these streets your deed does not give you a title whatever may hare been the view of the gentlemen who appraiLd thrs pro' JS?* thf*e,rthey ^ook into consideration this circumstance o7no Pand although I believe that the lands are more valuable with streets runnnS £^£<*??*?*** 7ould °thlerwise be' >et the a<* » question does no! i £L £l i \t0 ,m^e a"y °ther incluiry- dian whether you can convey a good title to all the lands within the lines of the garden. And this I thh* you cannot do, until you have obtained a grant of tfe streets ' *"*' rrobably the corporation, considering the public advantasr^ that th« „ j would be when in the hands of the stafe, how longfc wul &fbefore h £TlE 49 necessary to open streets in that quarter, and. that when opened they would enhance the value of the lands to the state, might be induced to make you a grant of the reserved lands to enable you to make to the state a complete title to the whole garden. The moment this is done, it will give me great pleasure to c; \.t' the duty which the law requires of me. I am, dear sir, with great respect and esteem, Your obedient humble servant. CADYVALLADER D. COLDEN. Upon the receipt of this letter, I immediately preferred the succeeding memorial to the corporation. To tlit Honourable the Mayor, Aldermen, and Members of the Common Council. Gentlemen, '*> Agreeably to the act passed at the last session of the legislature, for the purchase of the botanic garden, the commissioners of the land office have caused an appraisement of that property to be made by five of our most respectable citizens. I have also signified my acceptance of the offer which has been subsequently made to me by that board. It now becomes the duty of the district attorney to examine my title to the lands comprising the garden, and if the title be found perfect, and the property free from all in- cumbrances, to receive from me a deed of the same to the people of the state. Mr. Colden has accordingly made the necessary inquiries, but find- ing, as he observes in the inclosed letter, some portions of the land re- served for the purpose of streets, he informs me, that in that particular, my conveyance would be incomplete, and that, unless I am enabled to convey to the state, the whole of the land comprised in the garden, he cannot compK with the requisitions of the act, by accepting my deed; in which case, the ob- iects of the act will at last be wholly defeated and lost. I therefore beg leave to call the attention of your honourable body, to the embarrassment under which I labour, at the same time soliciting from you, a grant of the reserved lands, to enable me to make to the state a complete title ^A^^property is to be conveyed to the state, for the purpose of pcrpetu- atkghasPa Sic institution, ancl which,! trust, will advance the interests ot 1 Sine-inTour country, and particularly in this city, I cannot but indulge the hop"ba^youvb again induced" to extend your liberal patronage t«. ZinstitutiCby enabling me to comply with the conditions which are made necessary by the act passed for the purchase ot the same. nccc »^i> i- l am^ gentieman> Very respectfully, Your obliged, Sec. DAVID HOSACK- New-York, October 22d, 1810. PROCEEDINGS OF THE CORPORATION. In Common Council, October 22-1, 1S10. A memorial of Dr David Hosack was received, stating, that an appca^ JntTSrt«madr.greeablvt«,aUte act of the legislature of t,K , - E «2rS S5e purchase of the same, for and on account of the sta , SJ5£r?xWW^ his title to the district-attorney, he had rqu-csented h,; in the deid from the corporation for those ground,.certain ouU< nOu been made for the purpose of streets by which resery ^ion, »n the «P »° the said attorney, the memorialist could not male out a p.. f,ct t - 50 wounds to the stat e. As, therefore, this purchase, on the part of the state, was made for valuable public purposes, the memorialist solicited the board to make a tn-ant to him of these reservations, to enable him to make a perfect title to the state. Ordered, That the same be referred to Mr. Hawes, Alder- man Carpenter and Mr. Hoghland. Tn Common Council, December 10th, 1810. The committee, to whom was referred the memorial of Doctor Hosack, on the subject of the botanic garden, ancl the streets reserved therein, reported, That they have given the subject that consideration, which its high im- portance seems to require. That after the opinion so fully expressed of the importance of Dr. Hosack's botanic garden, not only to the students and professors of medicine ; but also of its great public utility, in the memorial of the medical society of the c'ty and county of New-York, to the legislature of the state; after the resolution of the common council of the 15th of January last; the resolution of the governors of the hospital; the recommendation contained in a certificate signed bv a large number of gentleman, eminent in their respective profes- sions, for" liberality of sentiment and literary acquirement; the memorial of the students attending the medical schools in the city of New-York, all con- curring in opinion with the medical society, of the important benefits result- ing to the medical profession in particular, and to the cause of science in ge- neral, from the said establishment; and all uniting in their prayer to the legislature, that the s aid botanic garden should be purchased by the state ; and after the report of a committee of the senate to whom the before men- tioned memorials were referred, fully recognising the extensive benefits of ■+ botanic garden, and unanimously recommending, that the one established by Dr. Hosack should be purchased by the state ; but, above all, after the act of the hgislature, making provision by law for the purchase of the same, your committee conceive it would be arrogance in them for a moment to doubt of the extensive importance of a botanic establishment, or of the propriety of its being purchased and owned by the state. The committee beg leave fur- ther to report, that the grounds now inclosed and improved as a botanic gar- den, consist of four lots, which were sold by the corporation to Dr Hosack, with a reservation for four streets, to be opened at such future time as the cor- poration shall think proper; three of which streets, when opened, will inter- sect the said garden in a south easterly, and north westerly direction, and one of the said streets is on the south westerly side of the said garden. By the act of the legislature, passed at the last session, for the purchase of the botanic garden, Dr. Hosack was required, as a condition of the purchase, to execute a perfect title for the same to the state, free of all incumbrances. The district attorney, who was directed by the commissioners of the land office to examine into the title, considering the reservation of the said streets as an incumbrance, declined accepting a deed from Dr. Hosack, unless he ob- tained a grant of the said streets from the corporation. Under these circum- stances Dr. Hosack petitions the corporation to relieve him from this embar- rassing situation, by releasing to him their title to the grounds reserved for streets, and thereby enabling him to perfect the title to'the state of the whole botanic garden. From this brief statement it seems, and the committee are truly apprehen- sive, that unless the corporation should release to Dr. Hosack the grounds re- served for streets, as above mentioned, the whole object of the legislature, in the purchase of the botanic garden, will be defeated, and as the establishment is too weighty for any individual to bear, Dr. Hosack will be driven to the ne- cessity of exposing the same to sale at public auction, and his valuable col- lection of plants will be purchased by some rival establishment, and transfer- red to some of our sister states. The committee are not sensible, that a dif- 51 fercnce of opinion exists as to the course which the corporation ought to pursue upon this occasion ; and that many objections, more plausible than solid, are urged against releasing their title to the ground reserved for streets: but the committee are of opinion, that so long as the said grounds are con- tinued as a botanic garden, or as an open square for any other public use, the streets intersecting the same will not be required to be opened; and tha* so far from diminishing the value of the adjacent lots, their value will be increased thereby. And that should the legislature herepfter think proper, which is not very probable, to dispose of the same to private individuals, for building lots, it would be for their interest first to lay open the said streets. To meet the possibility of such an event, Dr. Hosack has procured from sundry persons, owning lots adjacent to, and in the vicinity of the botanic garden, a certificate expressing " their assent to a cession by the corporation, of the grounds reserved for streets, as far as they may be concerned, believ- ing that the institution would prove a benefit to the city and the community at large," which certificate* accompanies this report, and is signed, as the com- mittee are informed, by all the persons, except one, owning property adjoin- in;- the garden mi the east and west sides. The only remaining objection to the ground reserved for streets, relates to the street on the south westerly side of the garden, and is inclosed within the same. Vour committee understand, that the lot of land, adjoining the botanic gar- den on the south westerly side is owned by the corporation ; but is subject to a lease, now belonging to the heirs or executors of Caspar Sunder. In process of time it may be necessary to open a street on that side of the garden, and should the corporation release their right to the street reserved on that side of the garden, it w.iukl bj necessary in such case, for the corporation either to purchase the same of the state, or to lay out a street upon then- own lands, adjacent to the garden. To provide for such an event, and to in- demnify the corporation against any loss that might arrive therefrom, your committee suggest the following propositions for their consideration, viz : 1st That Dr Hosack purchase from the corporation, the ground reserved for a street, on the south westerly side of the garden, at the price per acre, or U-sser quantity, at which the same was valued and estimated to him by the appraisers, appointed under the act of the legislature, payable out of Uie pro- ceeds of the lottery granted for the purchase of the botanic garden, at Uie time when the same shall be drawn ; or 2d. That Dr. Hosack convey to the corporation the same quantity of land in the vicinity of the garden, ot equal value, in exchange for the said street. In either of these ways vour committee are of opinion, that neither tne pun- lie, nor any individual, would be injured by a cession of said street. • CERTIFICATE. W* the mhteribpn nrourirtors of land adjacent to, and in the vicinity of the Botanic parden,bp- to^^.^.Sn^luSwmv? cWU some hesitation to ^ to the ^tej hej»d *hjeh hu been r, served in the sni.I ganhii tor the purpose ot streets, l«i it imkI t uij "^ ^.S"™ ^ tidiuri. in the neighbourhood, um-by sip.ify our ^'^ T Ik mifto the Umn,^ « believing that the institution in question will prove a benefit to the ut>. ami to tne commuii»> brS-'- ril\RIES M'EVERS. THOMAS RVCHYXAX. if LVLBUKV. WILLIAM ADAMSOX. am" u w morris! gk.okgk okpfystkh. THOMAS ADDIS EMMETT. IHAKLKS SMI I H. November 3. 1810. J2 On the whole, your commiuee have been a little embarrassed^ in coming to •i decision on the subject, and they have taken the liberty to exhibit to the corporation, at some length, the lights in which they have viewed it. The immense impcrtance of a botanic garden ; the liberal sum granted by the state, for the purchase of one within this city; and the strong probability, that if this fails, many years will elapse before another will be attempted, are considerations, which the corporation ought well to weigh, before they come to such a resolution on the subject, as may result in the entire destruction of the establishment. (Signed) PETER HAWES, THOMAS CARPENTER, WILLIAM HOGHLAND. Whereupon ordered, That the consideration of said report be postponed. In Common Council, December 24th, 1811. I he board proceeded to take into consideration the report of the committee, and the papers respecting doctor Hosack's botanic garden. The following resolution was moved by his honour the recorder : Resolved, That the memorial of doctor David Hosack be agreed to, and that a grant and release be made to him accordingly, in trust, that he con- vey the said lots so to be granted, to the state; Provided, That in exchange for the land so to be granted, he convey to the mayor, aldermen, and commonalty of the city of New-York, lot No. 84. containing five acres more or less, as de- signated on the map of the common lands, represented now to be held by the said doctor Hosack thereto, and to report proper conveyances to this board. ■» The question being taken, was carried in the affirmative, and his honour the recorder, and the committee on laws and ordinances, were appointed the committee to carry the same into effect. In Common Council, December 31st, 1810. The recorder, from the committee appointed at the last meeting of the board, on the subject of doctor David Hosack's botanic garden, reported a conveyance from him for lot No. 84. to the corporation, which was accepted, Miid ordered to be delivered to the comptroller. The committee also presented an engrossed deed from the mayor, alder- men and commonalty, to David Hosack, which was accepted, and directed to be executed accordingly. I certify, that the above is a true copy from the minutes, For J. Morton, Clerk. JAMES IIARDIE. Having conveyed to the corporation the above mentioned lot Xu. 84, consisting of five acres of land, which I possessed, about four hundred yards north of the garden, and having received from that board a deed conveying to me the streets that had been reserved in the botanic garden, I, in conformity with the conditions of the act, executed a deed of the whole property to the people of the state, which was accepted by the district attor- ney. Whereupon he made the following report to the land office : 53 Report of die District Attorney. I, the subscriber, district attorney for the district in which the city and oounty of New-York is situate, to whom has been referred certain resolutions, passed at a meeting of the commissioners of the land office, held at the secre- tary's office, on the 8th day of October, 1810; pursuant to the said resolu- tions, do report, that David Hosack, named in the said resolutions, has ac- cepted the offer thereby made, and that he has signified to me his said accept- ance, by a declaration to that effect, written on the copy of the said resolur tions, which was transmitted to me by the secretary of state; which said copy, with the said acceptance of the said David Hosack thereon written, is here- unto annexed. 1 further report, that I have examined the title of the said David Hosack to the lands referred to in the said resolutions, and that, upon such examination, I have found the title of the said David Hos.ick to the said lands to be perfect, and without any incumbrances or reservations which can prevent his convey- ing the same to the people of this state, free and clear of all incumbrances and reservations whatsoever. And that 1 have, therefore, pursuant to the act of the legislature of the state of New-York, referred to in the said resolutions, accepted a deed for the said lands, from the said David Iloinck, to the people of the state of New-York, by which deed, all the trees, plants and shrubs on the said land are also conveyed,* upon which deed, I have indorsed such a certificate as the said act requires, which said deed, with the said certificate indorsed thereon, I now, pursuant to the said act, transmit to the secretary of state. All which is respectfully submitted. CADWALLADER D. COLDEN. • VALUE OF THE PLANTS. Valuation made by John Hastings, Frederitk Pursh, and John Brown. New-York, January 24th, 1810. We, the subscribers, in committee assembled, for the valuation of the plants, trees, and shrubs, including garden tools and utensils, necessary for the cultivation of the same, as appertaining to the green house, hot houses, and grounds of the botanic garden, at Elgin, after a very particular inventory and examination of the improvements, are unanimously agreed, that, to the best of our knowledge and ability, we consider them to be worth the sum of twelve thousand six hundred and thirty-five dollars and seventy-four and a half JOHN HASTINGS, Nursery-man, Brooklyn, L. I. FREDERICK PURSH, Botanist. JOHN BROWN, Nursery-man. City of New-York, ss. The above named persons appeared before me this 24th January*, 1H1U, and severally made oath, that the contents of the above paper signed by them, are just and true. DE WTIT CLINTON. Valuation by Andrew Gentle, Botanist and Seedsman. New-York, January 22