The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-01-17

bees brought 70 recover az ss~ Of thee Oar
sscrsi 70 the soi In isss he xs,ssy csnsrs in
report made 10 the Assembly sxii-sIt appears that
the ts Of this tribe (ths s.oekhd) 70 arrs Of
land has never been extinguishedn Justice ske "a she
red and to the present occupants clsnasls Of
these lALds demands the speedy resment of NE ques
ZION to the subject ssa % sssss., ~. sassa Il ss
sures to bring The controversy 70 an early aud equitable
HARnoR rScnoArHxy>rs
The Commissioner appointed under the oct o. the last
Leesture TO prevent further cnercaehmsns uPoa the
sn,nO, o. New So, orssn.sa prS.p sna n.ss ss.s
servasons. An application made By the ConmiasI snsrs
through the Secretary OF State 70 the President for the
services OF experienced United States civil engineers 90
met in aspir which evnced The part Of the federal
government just appreciation Of the nPcl lance Of the
SsIbor q New fst the Of ,ss uaioa and q
Distinguished officers with the advantage o. large
perence In coast svrvys we're immefissy Ssts~a isr
this duty. With the Harbor Commissioners they have
been efficiently employed during the season. The re-
sults though necessarily incomplete, will be submtsd
is deeply 70 be regretted that this susjec, haa ao
attracted the attention Of the Legislature At earlier
day and before the chAnpe Of the tvo noble rivers that
port in the world, had been seriously narrowed by
croachments. Much however, Il being done fsT the
projection OF the rapidly increasing commerce. a the
The law authorizing the appointment OF Hsrbor Com.
mssioners, while defined their duties ard nxed their
compensation by insdvertence. made appropriation
for their payment This while the Commissioners have
practised the most rigid economy la their expenditures
has occsscned inconvenience Therefore ask the ear.
lest attention Of the Legislature 10 this detect IN
that the CON mission may what IL already due
and be enabled to prosecute It's duties 70 conclusion
PRoHilnuoS.
The Act for the Suppression o. lnsemperance Psuper-
ism and Crime passed by the last Legislature In accord
anse With the clearly expressed demand Of the people
withsandng 1t has been subjected opposition
persistent INSCRIPTIONS and defiant than is often in
CURED by Of legislation and though leg and
mug1sterlA influence, acting unoically
judicially have combined 10 render IL afiye, 10
oresra the decision Of the courts wres the statute from
its obvious meaning and create general distrust In
not hostility to- all legislative restrictions OF the tram
in intoxicating liquors-it has STILL outside Of large
marked dimnution of the evils which IL sought
medy. In the city of New York, and others Of large
towns 1t has, through the coDnvance Of magistrates,
and executive officers, sworn to sustain the laws been
agranty diEregarced, the preence principally OF s
unconstitutonsity The course pursued has indicated
but little confidence on the part OF those opposed 10 the
law in the ultimate decision OF the court and still less
Of willingness to let the statute be tested by actual
pertinent.
That Of the details of the Prohibory act are i'm.
perfect and that OF its provisions Of
lsx Interpretation, is net to be denied These detects
do not heweyer, vtiae The principle of the law
which seems to me to be entirely accordant with
constitution and in harmony with the obligation which
power and duty of the Legislature to prohibit the traffic
in intoxicating liquors. and in the good results which
may be anticipated from such prohibition is in de-
gree shaken.
But further action the subject is recommended
until the constitutional questions involved in the exist
ing law shall have been adjudcsted by the Court Of APP
peals
What amendments, if any, may he needed to render
the statute effective for the suppression of" Intem
perance paupersm and crime and guard against the
neglect maeasance Of those to whom its execution Is
entrusted may be matters for your subsequent cons
deIation.
THE LENNON CASE
In pursuance OF resolution Of the last Legislature,
appointed two associate counsel to act with :the
Attorney General in the suit pending in the Supreme
Court, between this State and the State of Virginia.
known "the Lennon slave case" The case has
prepared and is noticed for the February of
the court, when it is expected it will be argued AS
there is provision to meet the expenses the
part Of this State it will devove upon you to make the
necessary appropriation.
KANSAS
The people of State have observed with painful in
the act Of Congress organizing the Territories Of Kansas
and Nebraska. Those Territories comprise very large
o. 1as $ s o iron on g
most reluctant and partial consent wrnng from the
of the people Of the Free State to the ad
mission of Missouri into the Union q slave State.
That act prejudcial to the fame and pros perty OF
the American people. and of Missouri herself
and In S %
and rreparsbls while the good 1t stipulated would be
greater and more permanent becoming more and more
ration Of thirty latter large and valuable strip Of
country had been transferred quietly, not candestine
y from free soil to slave holding Missouri the favorable
slave holding interest seized press the repeal Of
Missouri restriction, and opsn Kan
sas and Nebraska to slavery.
No Congress that yet assembled except tha Just
dismissed and rebuked by the people Of the free Saes
could have been induced to sanction this repeal AMI 1t
believed that other federal but that
now going out of power could have been mpelled TO
urge II. The opportunity was improved with desperate
assduity and energy and the effort too successful
All legal barriers the establishment Of slavery in Kan
and Nebraska were removed by C0ngress-removed,
by the aid Of votes from this and other
holding States.
The assumption Of unconsttutonay which every ear
nest effort to restrain any great moral and social evil
quotation Of solemn contract by those who had Sc.
cured all its advantages. And thus the Missouri
PROMISE long the theme of general and extravagant
eulogium, overthrow by the very interest which
had proposed and constrained its adoption
The consequences of this act of perfdy have thus far
fully justified the apprehensions and fulfilled the predic
tions Of the champions of freedom and public faith
Nebraska enrenched behind free States only will pro-
baby be permitted to add another to their number with
out serious contest But Kansas the other hand
bordering p0pulcus portion OF Missouri fanatical In
its devotion slavery and through which nearly all the
emig1ans enter the Terrtoryhas in respects
become subugated province Of that State By Misson-
JAMS its delegates to Congress have been chosen and the
aemblanee Of its Legislature organized.
That Legislature has appointed its county officers for
term CT six years; and the authority assumed To
establish slavery its soil and to fortify 1t by
federal Governor called for military force uphold these
outrageous enactments his orders responded to,
not by the inhabitants of Kansas but by armed bands
from Missouri. The sympathies of the North and West
have been keeny alive to the menaced subsection by the
rife and knife OF the free SOIL citizens OF the Terri ory
gathered at Lawrence Their calm courage and deter
mined attitude rolled back this first demons raton Of
slavery TO conquer freedom by force Of arms They
entitled to the respect and gratitude Of all who love the
republic.
The voice of New York has repeatedly been heard in
the assertion OF the Jeersonian policy Of restricting sla
very and extending freedom trust that it will be ut
tered again. with unanmity and emphasis worthy of
her history, her principles and her convictions
CONCLUSION.
Republican government, popular education and indus
by, guided and assisted by the Wisdom and Goodness
which watch the affairs of the universe have ex
ceedngy prosperd the people Of New York during the
last year. The conditions of the continuance of the Dr.
vine favor Just legislation wise public economy and
the recognition by the State Of the equality aud hater-
nifty Of its czens and Of the bican destiny Of the
confederacy Let address ourselves to the discharge
Of the duties to the commonwealth whose SER
wants in a spirit Of humble dependence upon the
Great La~giver and Of fidelity to responsible trusts.
ALBANY, January -, 1856. MYRON II. CLARK.
ADVERTISEMENTS RENEWED EVERY DAY,