New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1849-03-17
NRW-YORK LEGISLATURE.
sENATE....ALBAST. wednesday, March
REPORTS.

]
mainly on legal points
Mr. BoKEE said that il appeared, from some Of
toe papers that differences bad been drawn, from the
reading OF the report Of the majority rather unfsvOr.
able 70 oue Of the banks 10 this city According 10
undertaking there nothing n his report reflect
ing In any degree on that bsnk-ithe Mechanics and
Psrrner) The transactions were fsir and lezitirn
and were approved Of By tie Board Of Directors He
| desired this correction 70 BE- made
| Mr. HAvLEY suggested that the report before
printing should be amended 50 as 70 reject al In res
ton % legal opinions and consne II merely = state
ment offsets On this re understood there nc
difference Of opinion among the members Of the Com
miitee
| Mr. BoKEE explained the object Of this portion
Of the report be call the attention OF the Legisa
the fact that the statute as il stood might be
easily evsded.
The matter was here dropped
Mr.. TAWBLIN reported N favor OF printing tive
times the ususl number Of both report. on the Canal
Bank
Mr. FULLER moved the accompanying docu-
meuts
The Report thus amended was agreed to.
Mr. WILKIS called up the reports on the ques
tion Of the risht Of Hon DAVID A. BoEEE Member Of
Congress elec, from the lid Congressional District 70
retain nis seat Member Of the legislature.
The question was debated By Messrs. WILEIS
sDd COLE In the affirmative, and Messrs FLOYD, GID
DIS snd II. p HALL 10 the negstve when the latter
gentlemen moved 10 lay the resolution, Affirming Mr.
Boxes right to his sest on the table.
This was negatived, Ayes TO- Noes II.
The question was then taken on the resolution,
aud il rejected Ayes TO- Noes II.
The Senate then went into Committee OF the
Whole, Mr.. :. II P HALL in tue Chair on the bin re-
ducing the severity Of criminal punshmenis
Mr.. GEDDEs proposed the following addition to
the fret section:
.~rncs .ba AVE passed. urnn
pssu under - r1Vou o ~ set rsasl be- ~ dai q -
Court 20 direct that such pr0r sha BE- cent ~ ou- Of ~ sst- Pre-
~h- such person .a BE- t-pt soa ouiaeusl for
'enof t- s- nay % b. a.ersioa ..a- a ortsr 70 e she
4, IN. .. n - -, ~ ~. es,.rr,, ~ s-,os - eor.
shall BE- sspt 10 s1HisfJ co1a1sneut
The amendment was rejected.
There was some discussion on other sections Of
the BILL when
Mr. WILKIy moved to amend the 81 section so
20 strike the exemption Of in the fret de-
gree where did not result In loss Of life, from capital
punishment. Mr.. w. thought that man who could
deliberately apply the incendiary torch 10 dwelling
house where be could not know whether the inmates
would escape from that most painful Of deaths burning,
ought not 20 be exempt
Mr.. COFFIN opposed the motion. The present
severity Of the punishment, tended to obvis,e convc
ton for this crime Mr. C. referred b. statistics
hibiting these facts IL was a weestsbshed fact thu,
II not the severity but the cersisty OF punishment
which operated rs preventive 10 crime On the
other hand II was the utter disressrd for human life
exhibited by governments. which by It's example
tended 10 Increase crimes Of that character.
Mr.. COLE followed on the same side-taking
the ground mainly that Capital Punishment should
De lnlctfd except cases on murder-tnst impose
1t n Of arson, where loss Of life bad been
tanned. would be severity Of punishment not 10 be
JUSTIFIED in this heightened and refined sge.
Mr.. WILKIS could not but regard the crime OF
Of so deep and dark dye TO deserve the high
est Of All punishments
Mr. FISE argued that the law on the statute
book could no, be executed The juries the people
OF this state would never impose capital punishment
for the mere loss Of property There never had been
conviction in this state Tor arson where loss OF life had
not occurred
The amendment was rejected
Mr.. JOHSsoS moved % strike out the first sec
ton-declsns the taking Of life with design be the
only crime punishable with death. lie Of those
who looked with great respect 10 the spirit of faith
ers and such not one disposed 10 look With favor
great and sudden changes in our laws, claimed to
be 10 accordance with the spirit Of the age He be-
ieved IN the divine rule, that who sheddeth mans
blood, by shall MS blood be- she'd and he had
nothing in the improved morss condition OF 90
cisty that obvisted the necessity tor s exercise The
object Of punishment by operating the tears Of
men TO prevent crime. To the crime of be per
ceved an utter disregard u human life and malice
that went even beyond the assassin. If either crime
be stricken from the statute book he would pre-
Ter that OF deliberate murder The pirate deemed
guilty because instead Of selected victim. be
held malice against the whole human race. Such was
his estimation of he who committed arson. tie would
protect the innocent rather than the guiitysnd these
asst had = sufficient protection in m. shield Of execu
i've clenency Graduate the laws according to the
grade OF crime. and II Juries will not carry them out
u is but lsmeutable stste Of society Whatever might
be the mitigating circumstance il the duty OF Ju
res to carry cut the law leaving to the Executive the
exercise of that clemency when II was deserved.
Mr.. FLOYD moved 10 strike out the enactng
clause of the bill. When accused he was in
favor OF giving him the farest possible triahat over
aud conviction the result bis sympathy ended The
pardoning power and had been a and safe
guaranty sort of safety valveagsins the Imposition
u too severe punishmenis. He believed As general
rule the ndietion OF punishments under our present
laws had not been too severe.
The Committee then rose and reported the bill
IS follows
sn lmqnso1asni ior be A. hai sor oi lie STAT Prs
sth issth presented b. ssfl'- sreePi 81 he
sg of shamsn beng . 1ut he authority of s- tJ POISON y any
Hsnu- p-rp-r.f-a p.-di.t-d t-sga
--e 49, Il n. s-.t s-- -h@n ~. ssth u stum.a - =
'-.u-d from ihs except Tor Treason against Ne people Of
Sc n. s.i .u.s Of the twelfth --iou chapter
part four Of The H. - Statutes art si shaA - 40
t.n.d Imprisonment STAT Poh ay ihsu
So g. Wa-r- - pusstsHt Of efne Ps.er~s - az =
sfey .isd % - = rsaa o. % - in t.s ls.,, ~
?, r-s Of 81 -. thsn itr-e year. Ans sb-r- Is ORA q
hsnhvs yssrs hereby altered - .t Of not -
ihaa ysss AS rh-re or isrn o. % 80 isan TO
ssl. BlEs t rsi seEre arson "a ihs s-eont tsgrs 40
Prison isa years thsn ave ysafs
kr-y q-roa sho sla BE- cousst OF stealing aAns 80
caro- ~ a*ty in- % ,lote ls 'a-s o. -
o. lassf saal BE- a. atgei saliy Of p-if arr-oy. ,
hai Be- punished b. iupr-um-a he couay Jal ~
-ss-sias >, aesia o, p as- p, -Is-dat 80 49, :. - -,
Of oct THAI yesrs
The same Committee. Mr.. COFFIN In the Char,
took up the bill DseTat0ry y tte Liabfy Of Sf0cSA0a
rs n Baukns Corporations.
Mr.. HAwLEY moved 10 strike out tie nrsi sec
ton Rejected
Mr.. FLOYD proposed an amendment requiring
81 unclaimed dividends and the value Of lost notes 20 b.
paid 10 the Controller.
The Committee rose and reported the bill.
Mr.. HAwLEY renewed his motion to strike out
Lost
Mr.. FLOYD renewed his amendment Lost
Ayes 3 vote ss before.
The bill was then ordered q third reading.
Ater recess the Senate adjourned.
ASSEMBLY.
Mr.. VARSUM had leave u introduce bill to
charter the Nev.York and Hsyre Steam Navigation
Company.
Nj KESSKDY called up his resolution requiring
ne Receiver Of ths Cana Bank to report statement
Of all debts due the bank that have been compromised
sold
Mr.. PRUYS stated that he desired this resolution
70 lie over the other day that BE- might offer amend
ment carrying inquiry farther and that the mover
nj satisfy himself whether the report made 70 the
senate might not contain al the information. That
vas 60 and he believed the gentleman was satisfied Of
y But if IL Is desirable that the House also should
nave the inform alton this shape the inquiry should
- Ill -