The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-01-04

judsss whish sxist against ths. HunA.ity aad pelsy
alma dstats that every encouragement shosh - anord
ID to these unfortunate persons TO retrieve Their past
rors
The condition Of the jas this State should DO made
the subject Of thorough investigates Many Of them are
nurseries Of crime Criminals crowded together With
cut regard to age character or the nstu Of their Of
fences without employment and thsir minds occupied
i and morally dsprsved. This niss-abls system b
not commended by considerations Of economy.
The Albany Psnitsnary which receives the oonvicts Of
TO the Of other states And Of sthsr
lands for its thorough discipline ~ perfect Arrange
msnts and its skilfui management II 10 not oag 81
1t is but necessary TO- contrast tbs institution with most
Of the sis Of State to show that benovoense policy
and economy dictate thorough reformation In their Ar
rangemenS and Management The average term Of COZ
6nemsnt in the Albany Psnentia 10 bat three oaths
The inmates Of that inferior and degraded class who
Their .S' sS.nsd % nS AND
branch Of hand labor and yet, under skul and expert
sncsd they are mads to support themselves
pay the salaries OF the oSsrs and attendants whs con-
o them and the expenses incident to the maintenance
Of commodious sdincs and ample grounds.
yeei win sxcssd COO OF ths number above coo have
been sentenced to State prisons 1t appears from
examination Of convictions for ssrs Of sars that the
Of crime does not vary from the proportional In
recommend modification OF our criminal laws which
win give judicial tribunals more power than they now
with regard - the terms Of confinement In
prisons The distinctions between different grades Of
crime be preserved without compelling courts to
paratvsy light and ven Il cbsr;otsr bscsuss technically
they within the statutory dsfnion Of certain Of
fences BY present Laws our courts cannot sentsnce
criminal who 10 convisisd Of burglary In the hrst
degree for highway robbery, for term Of prison
less than ten years. In many instances these
offences are committed under circumstaness far less
criminal than which puoshsd BY two years
nnement In prisons shorter period In the
ty jAils. The statutory provisions: .hich, In many
l.~4 60 snAfs
punishmeats taan they deem just interfere with the
certainty Of the enforcement Of the laws and lead to
punsIOu. applications to the Executive for pardon don
must Be placed the certainty rather than upon
the severity Of punishment The osrn which try
proper punishment be ndiosd than the Executive
b. the sentences controlled by the arbitrary pro
visions Of the the Governor can have no
that they In accordance with the Judgment OF
the courts which convict the criminals can see no
danger in this modification Of criminal law the
judges who hear AL the testimony in the less
liable mised than the Executive who hears only the
petitions and arguments in behalf Of the criminal The
exercise Of the power even In cases where It Is
demanded by considers lions Of justice, always attended
with great evils Az the which induce the grant,
ing Of pardons not made known to the public
the belle, that penalties Of the Law may Dc evaded
through the ntsrcesson of rends from
Of sympathy Although the number granted within the
last ten years has not been great proportion to
vctona before that period yet the number OF appca
and the difficulties of dischargiDg this duty have
greatly increased The present cheapnsss and facility Of
Communication ndu CO the friends Of prisoners to make
and Gated applications to the Executive under
circumstances both painful and en- barrassing
The enrolled militia of the State number about 800 900.
The cop titution requires that the 'na OF the State
shah At ali times hereafter BE- armed and and
in readiness for ssrvcs 1t also makes ample provision
for its organization and the appointment Of necessary
and freedom from domestic dstur bancss led
to regard militia system with too much indiRer
enes Few are aware Of tho extent to which 1t protects
citizens in the enjoyment Of their property and the
security of their persons.
The constitution Of the United States declares that
well regulated militia being necessary tbs esurity Of
free State the right Of the people to keep and bear
ihs not be infripged" An efficient military organiza
tios is Of service in the OF good
called upon to qne resistance to the laws yet they serve
1T all times ovsrAwe turbulent disordery members
ssmDsniss and resmsnts have been formed which are
well uniformed and thoroughly disciplined They mum.
Der nearly twenty thousand men, and without subjectng
the State 10 any expense they constitute An important
part of executive power Composed Of Intelligent
tive and respectable who have interest in pre-
srng the good order Of society ,hey be relied
to the constituted authorities
the last session Of the Legislature commission was
appointed to reduce the militia laws to system which
would render them Ineligible and easily enforced
The report submitted by the Commissioners Was not
adopted BY the Legislature commend l. to your favor
able consideration important to produce thorough
Efficient organization 0f the militia, and to carry out
the requirements Of our State constitution.
happy state that great progrefs has been ado
the Adjustment Of the difficulties in relation TO
norial titles which have aytxtei sections of
State for many The legal rights Of the landlords
and tenants have to great extent been BY
judicial tribunals and ths principal obstacles to Nc
go,iarion between he parties interested have hesu
moved They have common interests In settling thess
difficulties and In relieving themselves fro the pscun
ary social and moral evils which have been inflicted
them and the State ~ Large by prolonged controver
cidsd numerous instances the tenants have allied
themselves of the abundance OF money aud the nigh
prices commanded BY the productions OF the soil
tha f,u nf th0sr fsv0
But few instances Of resistance to legal process have
Gently occurred An outrage having bssn oom aitted in
Of an official duty, resolution was adopted by the
Assembly, requesting me to communicate to them N
any been offered for the arrest Of the
had been taken for their apprehension
and whether In judgment any further lsgalston was
necessary to prevent the of sueh ourage and
for the better enforcement of the law"
Having advised the Assembly what measures had bssn
taken to arrest the oenders stated my reaons for not
oesg any reward for their apprehsI sion and my opin
enforcement Of the law when resistance IL made to pro-
In many instances the offer OF rewards for the up
prshsnson Of criminals Greats an impresson IN the
minds Of those required to execute that they
In some degree, relieved rom their duty II assumes
that the ordinary means Of enforcing the law are insult
sient
The statutes of the State confer upon the shsr Of the
several counties the most ample powers 10 discharge the
duties imposed upen them They are authorised, whom
they Appehend resistance will be made to the execution
Of process to command every male nhabiant Of their
respective COUNTLESS any military companies In such
COUNTESS to assist them In overcoming SUCH
Ans every person Who shall refuse TO assist guilty Of
nisdemssnor, and Is subject to fms and imprisonment
the power Of the county Is mot sufficient to enforce pro-
cess the Governor orcsr such military forces from
other counties shall BE- necessary. The statute also
provides that Whenever the Governor fha be satisfied
that the execution Of civil criminal process has bsen
orcby resisted In any county counties Of this State
by bodies OF men, that combinations to resist the
execution Of snch prcosss by force exist In any such
county counties and that the Of such county
counties been exerted and II not sufficient to snAb
the officer having such to execute the same he
may tbs application Of such Officer Of the district
attorney Of such county Of the judges Of the
county courts thereof BY proclamation, to DO pubhed in
tho State paper ard In such other papers - he shall
direct ecArs such county counties to Be in stats
OF insurrecton and may order in the Of the
State suoh number and descriptions Of volunteer uniform
taniea other militia OF this Stats he shall deem
necessary to for such term he shall direct and
under the command Of such officer or officers he shall
Think proper"
The powers conferred BY the statute upou the Governor
and the eriffs Of counties are ample that In my
judgment failure TO enforce the law in OF resist
ance justly subjects them TO The grant Of
trasrdipary powers imposes extraordinary responsibn
ties and nothing short Of the exeron Of every power
vested in the shers relieve them from osnsaie
thsir form Al