The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-01-08

was series OF amendUenls 10 Inc exleunR laws
operating in form uPss remedies. but 10 rs9hty
ofen up0o rights, 90 laf as they were affected BY
the remedy. II was, therefore, circu neCvIoed
and partial in that class Of cases. The Commis-
sionsrs doubtless considered il beyond the limits
of their authority to make general and c0mpre-
hensive provisions, in respect to the rights thus
affected. The vast and alarming increase of
litigation which seems to overwhelm some OF
the courts, and threatens to obstIuct the ad-
ministration Of justice, particularly in the court
of last resort, has, doubtless arisen in some
degree from this uncertainty. My acquaintance
with the practical operations Of the new
to pronounce upon their merits, nor do I feel
competent to judge how far the complete code OF
practice reported by the Commissioners, is calcu-
lated to remedy the evils under consideration But
plete until an entire harmony is produced between
the principles introduced BY the code OF practice
and our general statutes They must in some way
be adapted to each other. This was probably in
ton which required the appointment ofcommissioa-
to reduce all the laws of the State to system
The considerations have already suggested render
this a duty OF pressing Importance. The prompt
organization of such board would relieve the Lee
gslature from applications for partial and imperfect
amendments; and if we should not obtain a COM
plete body of the whole law, such as was contem-
plated by some at the adoption of the constitution,
we may at least hope for a revision and cOndensa-
ton of our statutes The last Legislature adjourn
ed without acting on the final report of the Com
missioners on Practice and Pleading. 1t will be
your duty TO take such action as will ensure deli
berate examination and thorough analysis of this
new code of civil procedure, with view to its
adoption, in such form as may receive your sane
ton, at the earliest practicable period.
/ am of opinion that the multiplication of suits
in the Supreme Court, which produces serious de-
lays IN the courts of justice, would be essentially
diminished by restoring to the County Courts
more extended civil jurisdiction. AS the County
Judge is required to hold Courts OF General Ses-
siOua for criminal huslness which ne-
cessariy in attendance, the public convenience
would be greatly promoted by comforting Juris-
diction in ordinary civil cases. Serious doubts
have existed concerning the constitutional power
of the Legislature in this respect. II appears to
me that the decision of the Supreme Court, in two
districts, after full deliberaion, sustaining the
ccnstituonalty of the act Of 1877 comforting civil
jurisdiction the County Courts in special cases,
should be deemed sufficient to put the question at
rest.
! deem it my duty to call your attention to an
important defect in the statutory provision for the
punishment of embezzlement crime. The
operation OF the law is confined to the officers,
agents, clerks or servants of private persons and
OF Incorporated companies. 1t is manifestly pro-
per. if not necessary, that this provision should be
extended TO include all public officers who may be
charged with the collection or custody OF moneys,
whether belonging to the public or to idividuals
l concur in the views submitted to the Legisa-
ture, in The last message of my predecessor, in
favor of the erection OF a new and convenient
building for the State library The present ac-
commodations are altogether inadequate, and the
difficulty is increasing with the extension of the
library from year to year.
The alarming incre ase of bribery in our popular
elections, demands your serious attention. The
preservation of our liberties depends the purity
OF the elective franchise, and its independent exer-
such measures shall effectually protect the bal
lot box from all corrupti1g influences
Our circulating medium is believed to be in
sound condition. The report from the Bank De-
tai, under the general law, during the last year.
The gradual reduction of our State debt, makes it
necessary that some other form of security should
be accepted as basis for circulation. | would re-
specially recommend the admission, under proper
restrictions, of the stocks created by the incorpo
rated cities of this State. In this come ction,
must invite your attention to the provision OF the
constitution, making it the duty of the Legislature
to restrict the powers of cities in respect 10 taxation,
assessment, borrowing money, contracting debts,
and loaning their credit The performance OF this
duty ought not TO be longer deferred.
The growing importance OF the Bank Deplrt-
ment, the vast extent OF its operations, aud the
peculiar responsibility attending them, render IL
important, in my judgment, that this department
should be detached from the office of the Comp
troller, already overburdened with duties, and
erected into distinct Office, 10 be placed under
the charge and direction Of a competent commits
sioner.
The oppressive and unequal operation of the laws
regulating the assessment of property, is subject
p
personal property escapes assessment altogether,
while, in many portions of the State real estate is
estimated by the assessors at less than half it's ac
tual value. To the extent that portion Of the tax
able property Of the State escapes assessment the
burthen oftaxation is unjusty increased on the re-
mainder These evils demand an effective remedy.
careful revision Of the existing laws has become
indispensable, and trust the subject will engage
your early and earnest attention.
In compliance with section hive OF article four Of
the constitution, communicate herewith a state
ment OF reprieves, combinations, and pardons,
granted during the past year. by my predecessor.
Ysur attention is requested to the difficulties
which have recently arisen between our citizens
residing in Richmond county, and the inhabitants
Of New Jersey, in reference to the oyster fisheries
in New York and Newark bays.
Since the adjournment of our last Legislature,
the grave questions respecting the organization
OF the newly acquired territories Of the Union,
which had for some years involved the country
in agitation and strife, have been deinitively
coined as the thirty. first Of the States Composing
the federal Union; the disputed boundary Of Texas
has been settled; while New Mexico and Utah
have been organized by acts, which, In effect leave
the Mexican law prohibiting slavery In force, and
refer the question Of its admission or exclusion
to the ultimate decision Of the people concerned
IL is generally believed that the public sentiment
in these newly organized communities, co-ope-
rating with other causes, will prevent the intro
duction Of slavery, from which the country was
exempt when 1t was conquered by our arms
Notwithstanding the violent discussions which
have egiisied the country, and the wide diversity
Of opinion which existed in respect to the ques-
tons involved in the recent action OF Congress, q
general disposition is evinced TO acquesce in the
measures referred 10, and to regard them as final
settlement of these territorial controversies. The
people OF this State continue 10 indulge a strong
desire that harmony and mutual good will may pre-
vail between all portions OF our widely extenied
republic. They are a law-abiding people they
htrish the most friendly sentiments towards their
brethren Of the South; and have always conceded
to the slave States the entire right TO maintain and
regulate slavery within their own limits, and to
exercise all those rights without Arrangement or
hndrance, which the constitution confers. More
than this ue hit not TO he claimed or expected
II Is source Of profound surprise and regret,
that any portion Of the people Of the Southern
States should Ind, IN the terms of settlement final
ly agreed upon by Congress, an occasion for the
continuance OF sectional jealousy, or a supposed
necessity for nur,uring the spirit Of disupion In the
admission OF California and the organization OF go
vernmenis for the territories, Congress adopted the
principle, originally contended for by many leading
statesmen Of the South, Of leaving the matter TO the
uncontrolled action If the people Themselves can.