New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-01-03

have held
month"; and that the State has had the benefit Of
Renee In the performance Of the delicate complicated and
important duties Of these stations than deemed
pusu Of life. 1t Is credabe to those who have had the
ment Of the prisons that they have been enabled
to msnisn scpOs among e.; the sonve and to keep
1suggest the propriey Of allowing to convicts as re
ward for industry and good conduct some portion Of their
This would be calculated to animate them with hopeto
create habits of foresight and prudence and by enabling
them TO assist their families, would cultivate the bet
ter instincts Of their nature 1t would also give them
the expiration Of their terms of imprisonment some means
support until they could the difficulties Of OBJ
tanning employment In numerous instances discharged
conyics led to the commission OF crime by poverty
against them Hum unity and policy alike dictate that
every encouragement should be afforded to these unfortu
nate persons to retrieve their past errors.
The condition of the jas in this State should be made
the subject ofthorougb investigation Many of them are
nurseries Of crime Criminals crowded together with
out regard age character the nature of their oenes
Without employment and their minds occupied by topics Of
ofvice rendered mentally and morally de-
PRAYED This msefble system not even commended by
considerations The Albany Penitentary which
receives the convcte Of certain class from number Of
Counties an object Of interest to the phianthIopc Of
other States and of other lands for its thorough dsci
pine it's perfect arrangements and its sklful manage
nent 1t is not only self sustaining but it yields
nue. beyond its expenses II is but necessary to contrast
this institution with most Of the ais of State to show
that benevolence policy and economy dictate thorough
reformation in their arrangements and management The
Tertiary is but three months The inmates Of that in
feriOr and degraded class who committed for petty
acts Of vagrancy and crime. Their employment is con
fined 10 simple and single branch of hand labor and yet
under skul and experienced management, they made
support mseves pay the salaries of the officers and
attends who control Them and the expenses incident to
the maintenance Of a commodious edihce and ample
grounds.
The convictions for different oenses during the past
year will exceed 1000 Of this number above COO have
been sentenced to State Prisons. 1t appears from
examination of convictions for series Of years. that the
increase Of crime does not vary from the proportional in
crease Of our population.
recommend modification Of our criminal laws which
will give judicial tribunals more power than they now
possess with regard to the terms Of confinement in
prisons. The distinctions between different grades Of
crimes be preserved without compelling courts to
nct senen Of great severity upon ofenses OF com
paravey light and venal character because technically
they come within the stautoro definition OF certain Of
fenses by present laws courts cannot sentence
criminal who convicted of burglary in the first degree
or for highway robbery for term of Imprisonment less
than ten years yet in many instances, these ofenses
committed under circumstances far less criminal than acts
which punished by two years confinement in pris
shorter period in the County Jais. The statu
tory provisions which, in many instances compel the
courts to inic punshments than they deem
u interfere with the certainty of the enforcement of the
laws and lead to numerous applications to the Executive
for pardon Experience has shown that to restrain crime
reliance must be placed certainty rather than upon
heseverty ofthe punishment The courts which try GRIM
ina far more competent to determine upon proper
punishment to be inflicted than the Executive be. IL
the sentences controlled by the arbitrary provisions Of
the statute the Governor can have that they
in accordance with the judgment of the courts which
convict the criminals can see no danger In this mDdih
cation Of criminal law the Judges who hear all the
testimony in the less liable to be msed than
the Executive who hears only the petitions and arguments
in behalf of the criminal The exercise of the pardoning
power even in where it is demanded by.considera
tons of justice is always attended with great evils As
the reasons which induce the granting of pardons not
made known to the public it creates the belief that the
penalties ofthe law may be evaded through the nterces
sion of friends, from considerations of sympathy. AL
not been as great in proportion to convictions as before
that period yet the number Of applications and the diff
cues Of diseharging this duty have greatly increased
The present cheapness and facility of communication in
duce the friends Of prisoners to make personal and
peaed applications to the Executive under circumstances
both painful and embarrassing
The enrolled militia Of the State number about 100000.
The Constitution requires that the militia of the State
shall at all times hereafter be armed and disciplined
vision for its organization and the appointment Of
sary officers The long period of peace enjoyed by
country and freedom from domestic disturbances,
have led TO regard militia system with too much in
difference Few of the extent to which pro
tects citizens the enjoyment of their property and
The Constitution OF the United States declares that "a
well regulated militia being necessary to the security of
free State the right of the people to keep and bear
" arms shall not be inrnged An efficient military or
ganizaon is Of constant service in the preservation Of
good order Although few instances occur where they are
called upon to que resistance to the lave yet they serve
at all times to SyeTawe turbulent or d4Taery
panies ard regiments have been formed which well
uniformed and thoroughly disciplined. They number
nearly 10000 men, and without subecting the State to
any expense they constitute important part of its exc
cuve power Composed of intelligent, active and re-
spectabe men, who have interest in preserving the
good order of society they may be relied upon at all
times to suppress tumus and to enforce obedience to the
constituted authorities.
AT the last session Of the Legislature commission
appointed TO reduce the militia laws to system which
would render them int Eligible and more easily enforced
The report submitted by the Commissioners was not ad
opted by the Legislature commend 1t to your favor
able consideration important to produce thorough
and efficient organization of the militia, and to carry out
the requirements of our State Constitution
happy to stete that great progress has been made
in the adjustment of the difficulties in relation to immortal
titles which have agitated some sections of our State for
many years The legal rights Of the landlords and ten
ants have TO great extent been determined by our judi
cia tribunals and the principal obstacles to negotiation
between the parties interested have been removed They
have common interests in settling these difficulties and in
relieving themselves from the pecunary, social and moral
evils which have been inflicted them and the State
AT large by prolonged controversies Since the questions
respecting titles have been decided in Instances
the have avaed themselves OF the abundance OF
money and the high prices commanded by the productions
of the soil to the full ownership OF their lands upon
favorable terms.
But few instances of resistance legal process have
recently occurred. An outrage having been committed
in the County of Albany upon citizen while in the dis
charge Of official duty resolution was adopted blythe
Last Assembly requesting to communicate to them il
apy reward had been offered for the arrest of the Of
fenders or what had been taken for their ap
"prehensioD and whether in my judgment any further
Legislation necessary TO prevent the recurrence
such outrages and for the better enforcement OF the
law"
Having advised the Assembly what measures had been
10 arrest the offenders stated my for not
offering any reward for their apprehension and my opin
that legislation necessary 10 secure the better
enforcement of the law when resistance IS made TO pro-
Inn -instQ