The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-06

maintaining county asylupns or hospitals for the
paapers, IN eonprcnon with the ansnouses ana poor
houses OF such countless and under the same general sn
perDtsndeDoe Their communication on this subject Is
herewith transmitted, which explains their views more
fully
oIsrRrCrIoNs IN HUDSON.
The gum Of $4,000, appropriated by the last iegis-
the city of Albany, has been udiciousy expendei
and as far the would allow, To good result
AS il is obviously and unquestionaby duty OF the gene
raj government provide for expenditures Of this sort
In payeable waters, constituting port or entry VIII
be for you authorize the proper reclamation that
government, for the reimbursement of the amount OK
pended, and for such further aid may complete the
work OF removing obstructioDs.
As belonging 10 the same subject may add here, tha
the lines established by the Commissioners on Harbor
Encroachmonts in the port Of New York. being once do
Gnitely settled by the labor of accomplished corps
Of photographers, and adopted by the Legislature at
it's last session at great cost 10 the State IL s ob-
vousy for the interest Of all riparian owners as il for
the permanent advantage Of navigation that this result
should be considered as unasrablc
NJUNCrfoSS
It cannot have escaped your notice that during
the pact year OF courts OF law have, by most
extraordinary exercise Of the OF granting punc
tons introduced element OF discord and therefore, Of
weakness and distrust into judicial system The in
junction Is process unknown to the common law Ac
cordng TO that law every man s free to act on his rights
he s advised they are, subject TO N damages
to any whose rights he may invade. Equity comes
in, where the act threatened TO be done would
damage IN its nature irremedable, or where the tres
passing party Is irresponsible and enjoins him. But,
now practced, our judges, in discretion not always
| wisely exercised, have nearly converted into
every day remedy what designed and has heretofore
been regarded exceptional Intervention OF equity,
ing in such the extreme rgor supplying the
deficiencies of the common law The evils of such
ceedngs in relation to individuals far greater pro-
portions when they brought to operate public nte
rests have reached such pass in the city of New
York that it has become common practice for the judi
oiary, acting pTemnariy and without the defensive
cautions OF regular raj at law TO interfere with the
action Of public officers, alike OF the municipality and Of
the State The effect II to constitute the judiciary nte.
gra part Of our municipal and State government by their
/ pntf tfnIop tp tho
| common law, with its wise rules Of evidence, its
confronting Of witnesses and its sober delays for
| tated parties, moved by the outcres of masses,
| and it is feared not entirely free from the infu.
ences Of party and partisan strife. How great this evil
became, how ii impaired confidence in the Judiciary, how
dangerous to the public the events OF the past year
have plainly shown. To remedy this state of things
| suggested that II he provided for the future
l. That no injunction be granted ez pdrte. This un'
destand to be the law in the courtsf the United States
and that n has been found TO work we'll Notice being
always requred SO that the other party can make his
| statement
2 That injunction be granted excep, where the in
jury appehended would be rreparabe and could not be
compensated in or when the apprehended wrong
| 8. Security might be required for the payment of
damages to the party enjoned case the process should
appear 10 have been improperly obtained.
These provisions should be applicable 10 all demands
for injunction; and in addition in the of public
officers whether of the state the municipality it might
4. The Jurisdiction public officers should be
fined single court soas to avoid conflict Of jurisdc-
g. No injunction be allowed any public matter
public officer, but hearing before general term,
from which an appeal should lie Immediately to the Court
such provisions these with such details may
be found advisable, TO Indispensable for restor
ing the impaired confidence of the people in the judiciary,
well for restraining that most essential and valuable
department Of poity WITHIN Ms proper and prescribed
limits. IL will be an the stronger, IN real authority and
In moral weight by being thus restored and restrained
| EIEc11oy JUDGES
cannot pass from this subject without calling your
attention 10 some other points connected with IT. and
rst 10 the mode Of ascertaning and declaring the
result Of the election Of Judges The choice in these
elections h ss in respect Of other elective onicers
by piuraes; but commission " issued 10 the eectcd
and they enter upon and hold ofice under nero can
sasscr's certificate In case Of donbt dispute no
ncgssssHs ase authorised 10 feasnaioc he s"a foes
IL would seem not unreasonable, with regard such
important officers chosen for long term OF years, only
TO guard against surprise, that something more than
ton Of all the votes cast at such electonshoud be re-
qured necessary 10 schoce while both dignity and re
spt visibility would 10 demand that every incumbent
Of seat the bench OF the State should be provided
with commission under the seal Of the State and, in To-
| cal tribunals, from some court OF record
Again, the laws, administered in criminal cases do
not appear TO discriminate sufficiently between
seslt' een. .s.uds ior DONG so so n % sss judsos @
| Hence, constant appeals 70 the executive for tho
Ge .%oas
| the most aborious and the most painful duties OF
the Executve-yet duty fully assumed with all
| TO be shrulG from But II IL should appear you
that the cause Of justice as well as Of humanity might
be promoted by allowing criminal courts wider latitude
the application Of specific penalties To specific offences
willingly persuade myself that might be AN additional
motive for adopting such that would in tho fu
ture relieve neasraby the Executive Of the State from
these most painful and yearly accumulatng applications
The gold medal voted 10 Dr. Kane had not been com
pleed when the cad intelligence 10 OF the sudden
death, in foreign land, OF him whom the Legislature Of
this state d%gned 70 honor II has since been delivered
by my Private Secretary 10 the father OF Dr. Kane the
afflicted nhertor OF the well earned trophies Of gallant
| son too early lost
TO be delivered 70 him at the Capitol whenever his public
duties will permit him TO attend and receive it, Of which
he has been ofncislly advised
| THE KsSsAs QUESTION.
| The condition Of Kansas continues 10 absorb public
interest is TO the shame OF truth alike and Of liberty
that must be said thai in the treatment Of this question
there has been studied dHngenuousDess and deliberate
perverson Of facts. Even the President Of the United
States, after having pledged himself, as the party he
represents had pledged themselves, that constitution
should be deemed obligatory which had not been submit
ted the people for ratification ana stl protesting 10
uphold ar stand by what delusyely chsracterses
popular sovereignty nevertheless affirmed, IN mis- mes
The people whether they will have constitution with
without slavery" while in that same message 10 s
stated that slavery and the right of property in slaves
exists In Kansas "under the constitution of the United
ststes' and when by the very form In which the qucs
ton s submit,sd, the constitution recognizing the exs-
teDce Of slaves must be accepted, whaiever the vote or
i the wishes OF The people 10 slavery may be What
eroeser mokery OF substantial popular sovereignty can
well be devised than the submission OF only single soc
ton Of constitution involving all the rights and the bcr
ties Of the peopleS And what more palpsbe abuse OF
language than 10 speak OF such subnission as "farT
OF what free state in this Union would the people submit
10 he thus cheated Of their right 10 decide upon cons
luton all iz parts S-or what theory of freedom
consist with such dishonest scheme for forcing an 0bnox
| lous instrument upon an unwilling peoplef
In view OF these unwarrantable proceedings and
after the emphatic and repeated declarations by the Pre-
sdeni a the United States, and after the yet more extra
ordinary opinions not judicial decisions, nor entitled W
any respect such pronounced BY some ~ the Justices
Of tho Supreme Court OF TIE United states 10 the
stutionaty Of slavery, feel called upon by What owe
not lees 10 the well tanned sentiment Of the people Of
Il 20 nv al here
what in my first Message assumed a. The deliberate
conviction Of the free states that slavery in the states
where exists, exists by virtue o the local law alone,
and that neither exists is confirmed there, nor any
where by the force and effect Of The constitution vi The
Unted states"
have faith the principles at issue in this
~ strong 20 feel assured that the reemen Uf Kan
sas will not submit 10 the great medEtei
them and faith s alike strong, that the Of the
free states will sustain the Of free Som Of Kansas