The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-01-07
aggravated by want Of uniformity in the action Of


certain the minimum term Of i'm prisonment In the
State prison whchis established ct two years. ought
to be reduced to one year
An extraordinary number Of capital offences, and a
considerable increase In other crimes have made the
last a memorable year in the Judicial annals Of the
State This melancholy fact must be attributed In
large degree to the prevalence of ntemperAnce in
cities and larger towns-s growing evil which has be-
come the most prolific source OF wretchedness, pau
perism and crime.
During the year, seventeen persons found guilty
of murder and three OF arson in the first degree and
several more are In prison awaiting trial o. the num-
ber thus convicted six have been executed the
tences Of five have been commued to Imprisonment for
life and nine await the time xed to be fixed for their
execution The duty of the Executive n rel .tion to
crimes punishable with death Is highly responsible and
painful In most cases strong appeals made by the
rer ds and relatives Of the convict for II
the pardoning power: and If this effort proves
cessu the courts resorted to for relief frequently
upon points having little connection with the guilt
innocence Of the accused but involving merely some
question Of form regularity In the proceedings. In
prosecutions where human lie at stake the greatest
should be observed TO not only that the
victon is intrnscally just but in accordance with
established principles OF law.
My reflections upon the subjecs have produced b.
lief that the ends Of Justice would be promoted by sub
mitting every capital conviction to q review by the
Judges the Supreme Court before fixing day for the
execution Of the sentence 1t should be made the u.y
of the presiding Judge Of the Oyer and Terminer in
which the tIal is held to report the evidence and all
the dings to the Supreme Court of the district
and that tribunal houd be required at its general
term to examine the and decide upon the legality
OF the conviction II they confirm the sentence, they
sion to the executive. Such review suggest
ed wen secure TO every convict, however friendless
the substantial be lehts Of appeal in which his rights
would receive deliberate and impartial consideration; it
would relieve the pardonipg power from oppressive
portion OF its responsibility and cannot doubt that in
many cases which give rise to differences of opinion in
the community, judicial proceeding of the character
proposed would strengthen public confidence In the JUS
tice OF the sentence and induce general acquiss
cence in the propriety Of its execution.
1t affords satisfaction to refer to the good
management and excellent condition of the Albany
Penitntiary in which the convict for minor offences in
this and several adjacent counties imprisoned
personal examination OF the establishment enables
peak of its administration and especially of the i'm
provemcnt in discipline and economy in terms of sincere
1t appears from the information furnished by the
Commissioners OF Emigration that nearly 100000 erai-
grants landed ut the port Of New York during the
latt year The most gratifying success has attended
the efforts of the Board to provide for the and
coming amongst US in such extraordinary numbers
More than 200C0 OF the sick and helpless were received
during the year into the institutions under the charge
Of the Commissioners; employment for nearly equal
number was obtained through their friendly agency
many thousands forwarded to the interior the
expense Of the emigrant fund; and eectual
employed to protect the whole body OF emgrants
from those nefariou frauds which had been prectised
for years with comparative impunity. BY the estab.
Hhment OF the present system and it's faithful admins
tratcn important service has been rendered to the
public interest and to the of humanity The sug
gestions OF the Commissioners in favor OF some further
legislation promote the objects of their labors
commended to your favorabs attention
For the present condition of militia establishment
would refer you to the annual report Of ths Adj
General the Inspector General and the Commssary de
neral Satisfactory has been made in carrying
the act Of the last Legislature, its provisions
have proved highly beneficial In pursuance OF the
law appointed Inspector General whose active
ertions have been Of much utility in promoting efi-
cient organization and infusng q healthfu military
spirit Many brigade and regimental districts which
had failed to comply with the law OF l847 have been
Sess%ly organized % sna numerous volunteer compsnss
the service. The Importance Of mantsining wtll
aimed militia force ought not to be underestimate and
1t gratifying to perceive that growing interest la the
subject is manifested in all sections of the State
The opel ations Of the banks and the state of the
rency win be fully exhibited in the annual epor of the
Superintendent Of the Banking Department The crcu
lating medium Of the State appears to be in SOUND con.
dtion Two recent failures Of Of circulation serve
I, dem6nsra. The advantages Of the general banking
law instead Of ;mpairirg confidence ia Its safety
The eecures deposited in Bank Department under
the present restrictions must constitute the best re
for the protection of the bill holder In all our
permanently established In the twelve years.
experience many improvements have been made in its
practical operation and some further notifications will
undoubtedly be found conducive to the public security
The frequent occurrence Of raoad accidents renders
IL bat too that for their prevention
is not exercised large proportion Of these Gala
mites might have ben avoided by due in the
struction management, and service Of the roads and
their moving equipment. The obligation of the State
to extend Its protection to the lives Of rail-
road passengers is imperative and rests high moral
grounds. would, therefore, invoke the Legislature to
enact such laws as may. on mature consideration seem
most proper and efficient for preventing the recurrence
CT these lamentable disasters.
The Legislature at its late session provided BY law for
the erection Of building for the better of
the State library That building Is under contract
ard will be completed with all the dispatch which may
be deemed consistent with the and security
Of the edifce Warned ythe late destruction OF the
Congressional library Of the necessity Of adopting every
precautien against Q similar calamity in
deem it proper to to special considera
n the suggestions to be submitted in the rtport Of the
in relation to the internal arrangement OF the
building with view TO the greater security OF tbevaua
bic collection 10 be deposited in It,
The increase of corrupt practices in our elections has
become subject of general and just complaint IL is
represented that in some loc ca.s the suraxes of con
siderable numbers Of voters have been openly purchased
with money We owe IL to ourselves and to po.tery,
and to the free institutions which have inherited TO
crush this hateful evil in its infancy before it atans
sufficient growth 10 endanger our political system The
honest and Independent exercise Of the right Of suag
vernment 1t is the only enduring foundation for
public Not only should the law punish every violation
Of this principle as crime against the integrity OF the
State but person concerned in giving receiving
any pecupiary consideration for vote, ehould upon
challenge be deprived Of the privilege Of voting sub
init the beet your considerations la the hope that
additional remedies may be prescribed and enforced.
II is now several years since sutswe commenced by
the Attorney General under the direction of the Legs
ature to test the validity Of the title TO certain
norial lands occupied by tenants holding perpetual
leases IL Is Of great Importance that these suits should
be brought to final decision early practicable.
II is due to the rights of both parties While the ques
on suspt nded in the courts both landlord and tenaut
are in state of uncertainty the improvement Of the
country Is retarded, voluntary arrangements for a
change Of the tenure arrested ard the public nui
Is kept in state OF agitation most unavorable to the
Of society and the regular administration Of jus
tce. Measures should be adopted to compel an early
and defnive adjudication in the court Of last resort
Complaints continue to be made Of delays in the al
miDstraon OF justice in the city OF New York Some d
the courts overwhelmed With accumulation Of
casts Notwithstanding the arduous and efficient efforts
Of the Judges is believed that Of business
in the commercial emporium will ultimately require
additional number Of justices Toe pressure upon some
of the courts may be attributed Ia part to the chaucery
duties imposed upon the common law tribunals The Law
should be ded TO relieve the judges from the
labor OF taking testimony In equity proceedings and
would recommend that authority be gwen to the courts
refer sueh whenever in their discretion they
shall deem the examination of witnesses before referee
compatible with the rights of parties
The statnte In relation to the proof of wills and the
administration Of estates needs such viii
epedte the discharge Of debts against the estate Of the
decesed In where the administration is suspended
by contest in respect to the probate Of alleged will
litigation which often occupies many years before its
na determination and tuhects creditors to serious
barrassment and injustice