The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-01-03


disease. poured in upon It, and added to the en-
bsrrsssm,Lts iusepsrabls from the organ ion of .
,ysttm SO extensive ana so oomphcstsa, put " was
End in the integrity and devotion Of tho &c utlemen
entIusted with the srduous and responsible duties of
commissioners. retonrces adequate to the emergency
The beneficial results already obtained furnish evil
depce Of the wisdom and efficiency of the system 1t
IL stated that since the passage Of the laws alluded
upwards Of three hundred thousand emigra to have
arrived at the port Of New York not of whom has
become charge to any city county In the State.
For further details Of Interest and value atten
ton Ia directed to the annual report Of the Commits
sonsrs TO be rendered according to law to the Legs
sture In the nature Of things experience, and the
practical working of the System must disclose further
improvements: which, doubtless, the Board Of Com,
consideration at your hands.
The It'll section of article Sth of the Constitution,
makes the stockholders In every corporation and joint
stock association for banking purposes issuing bank
notes or any kind Of paper credits, TO circulate
money, after tho first day of January next indviiu
ally rep spsible to the Of their respective
sbsrss Of stock for all the debts liabilities Of every
kind, contracted by the corporation or association
after that day In some Of these institutions the
State IL stoc khoder, in most of them, less
Of the stock belongs to infants or lie held by charitable
institutions. or by trustees and others acting in
hduc'ary capacity; while large amounts belong to
reidpg out of the state and beyond the ursdc-
ton Of our courts. ] suppose this provision of the
coDsttution to contemplate only ultimate respou
sibty for de6cie noies after the exhaustion Of ths
assets OF the institutions; and that 1t has left to tbs
to declare the in which that
shility shall be enforced, and in which ntributiou
shall bs made between the several associates. This
near approach Of the time when it will become opera
tive prssents the necessity Of cousdering this subject
during this session Of the Legislature
The Code Of Procedure adopted by the last legisla
ture went into operation the lst of July last 1t
not expected that system, working radical n
change Of long established rules. could be enacted
without the necessity Of numerous subsequent atera
tions, which time and experience would inevitably
indicate Many notifications will doubtless be brought
to your notice. and respectfully commend them to
your eericus In the hope that the defects
inevitable In the commencement Of new system, Of
tuch comprehensive extent, however numerous may
not leopard the many improvements which this code
has introduced.
The present operations Of the Judiciary System
,esm inadequate to the speedy administration Of
Justice In the Court Of Appeals the busins &C.
cumulaipg also in ths several districts of the Su-
preme Court although probably the largest accumu-
causes BON the of the Sup as we'll as of
the local courts in the city of New York. Is increasing
beyond the ability of the courts to dispose OF them
do not wish to infer that the difficulties thus
countered, necessarily inherent in the present
system but would rather entertain the hope that they
may be found Incidental to the change from es-
tabshedt to system and the nearly simuts Gus
adoption Of an entirely new code of practice in the
courts and that remedy may be found within the
amendment of the constitution.
IL has been suggesed that relief might be obtained
in the first district by increase Of the judicial force
under the 4ih section Of article of the constitution
but the Of ls45 does lot show such proportion
between the population Of the city of New York and
that Of the rest of the State will the
formity required in of increase of the
OF justices of the Supreme Court dc not doubt til
addition to the number of the judges Of the local
courts in that city, will greatly contribute to the
patch Of busipess and will relieve much pressure
amendment Of the Judiciary act, whereby the bust
Of the courts shall be distributed leave TO
the Circuits the mere trial Of issues Of fact.
The establishment of tribunals Of Cancellation IL .
provision within the contemplation Of the constitution.
Courts Of this nature. although unknown among
bsve been long in operation in other countries and
represented to have been productive great
fits by the prevention Of litigation The power Of
such tribunal being simply advisory except 30 far as
I'M their decjs IN
can scarcely fail to produce in nuence rea-
coming and moral people In preventing law suits suf
fcent to commend their establishment part OF tn
system which the constitution has contemplated, be-
tore we indulge In sweeping condemnation Of that sys
"p, or couime nee the work of amending the oonsti
tuition In this view bring the subject to your con.
rideration
jet has engaged able minds but hitherto without ef
fectrg the desired relief They present to
me a. feasible notifications ofihe syste short
Of an amepdm ut 10 the constitution, which I'M
wiling to recommend.
During the past year, the In which our country
bad been ubbsppily involved with the ng
republic Of Me xico has been brought to end The
conduct OF that reflects the highest possible credit
upon the officers and men who have achieved a series
of victories unparalleled and uninterrupted from
6r.t brilliant success Of the banks of the
Rio GraDde down to the GROWING act Of the war; the
capture OF the capital Of Mexico The gratitude Of the
American people has been most cheerully accorded
the officers and men Of those gallant armies, Who in
their action, have added lusre to the American name
Nor the services Of the navy forgotten by hearts
grateful for deeds Of v8lCr.
After the Mt Of this war but one feeling
animated the whole country. The confederation IF
Its origin for Ahe time suspended by the fact Of
its eStepce and the most ardent Of those en-
gagged in the ectusl conflict of arms; AZ also among
the most active supporters at home Of the vigorous
pro'ecution Of the war, ~ers men who thought that
not only wise andmpolitc, but neither just
D.ccesssry. They had had sgency in its COM
peDctnept, but while hostilities were raging they
r.ervr their opinion as to the csu,ss which had in,
duced he war until the restoration Of peace should
furnish oecasion to review the duct Of those who
had been charged with the administration Of the
valor and the prowess Of our people were estat
lbsd in the field their thropy and justice have
been Win dicst@d by their condemnation Of the
The policy which had the silken cords
Of peace, and Involved two Christian nations in the
horror tf war.
Among the consequences Of the late war with Mexi.
co, has been the acquisition by the government Of
] am suttaned by the deciGons Of the highest ju-
dicsl tribunal in the Union, in the opinion, that
acquired territory, With their f.rmer government
are dhsolyed, and new relations established be-
tween them and the government OF the United
States, to whom their Allegiance IL tran serred
yet that the laws which regulated the Intercourse and
general conduct Of 10 dvduss within that territory
the tine of the remain in force until altered
by the newly created power Among thu laws Of Mexico
in force within this territory at the time Of its acqu
ston vas one for ever .boisbiss slavery TIE change
validity OF he force Of this law which according to
the principles Of international Law, and the
j
operative ut the present day, to the exclusion OF s's
very from that territory An effort however, Is being
de to abrogate annu that law II not by it, actual
repeal through direct legislative snsctme mt at least
by In direct the effect N not the object Of winch
viii be to permit the introduction Of slaves within the
territory
However We may deprecste the necessity Of discuss
Ing question of nature to excite sectional prejudces
or arr, may no longer avoid the consideration
Of which IL Of present, practical and para.
cunt importance
The State Of New York early manifested her attsch-
me IN the rincin NJ and hpr
rspusnapce to the Institution Of human slavery. Hold
ing that the Of the United States at the
time Of It's adoption found slavery to exist within aud
by virtue Of the laws of the several States aud there
fore recognized the fact ofs existence State ins
tuition, without giving to It. In any degree national
constitutional character existence but left 1t
tly dependent for its aud It's regulation
upon the sgsston Of the several States, our State
fsf century since, commenced course Of legi.la-
ton for tie gradual but certain extinction OF slavery
within her bordsr As party to the federal compact
tbe has adhered strictly and literally to the
mr. aike If II and haa mt II IN