New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-01-03

ton 10 meet the reasonable claims upon it, should
be admoDshed in view Of the Of the past which
have compelled resort to this excessive taxation, and
in view of the present pecuniary difficulties Oh the
country, 10 adopt that wise and just rnle which re-
qures rigid scrutiny ofevery measure eSng appro-
prialions from the Treasury; and after the expensive
Lessons Of former years you WILL think, hardly need
be reminded Of the injustice OF committing the State,
especially at this time, 10 measures OF doubtful pro-
pretty much less Of making appropriations for any
purpose in excess ofthe means provided:
The two fiscal bills of greatest public Interest are he
General Appropriation bill and the Supply Bill.
The former Of these specifically provides for the sup
port Of the Government for the fiscal year commencing
with October next following the session. This meas
ure has sometimes been delayed in order TO advance
private interests. The Supply Bill, originally IN
mands as could not be DELAYED until the General APP
preparation bill fell DUE has of late years been bur-
dened with many inconsistent and unjust provisions,
and passed. il usually has been at the last hour OF
the session. the Executive left only choice between
deprving honest creditors of their dues OF author
izng the payment Of thousands of dollars of demands
totally without foundation. To correct this serious
and growing evil, recommend that you introduce and
perfect these two measures dulng the hrst month oi
the session.
The practice Of annually applying to the Legislature
for extension of time for the payment Of taxes may DC
repeated at the present session. The pubc interest
require at your hands emphatic denial should such
application be made TO you. There seems to oe no
good reason why tax levied in October should not DC
paid by the first Of the following March. Those whose
opportunities best quality them 10 judge IN this respect
as well as nv own observations, satisfy me that move
ments OF this character not made by the taxpayer
for he with commendabe promptness, has paid over
his dues; but by or on behalf Of collectors and treas
urers The moneys payable al the treasury WIFI
III given period, where they are needed 10 meet we
demands upon the State; whoever, therefore, for his
own profit, delays or withholds them, - guilty OF
serious wrong, and is deserving of public censure.
The moneys frequently made use Of by the casto-
dians and experience has shown that 10 the ehd ei,c
the individual or the State is brought 10 suier loss
thereby felt 10 be my duty, on the TN " March
last to return the Assembly without my sanction,
the bill entitled "An act extending the Tune Tor the
collection of taxes in the several counties oil the S
IL was strongly urged that the payment OF the dein-
quent taxes could not be enforced unless tins bI De-
came law, but il II well known that the levy was
collected without more than the ordinary dlincniles
i would suggest that instead OF per cent, Wmch l.
now chargeable OH all balances due IRON county
Treasurers after the LIST of May, the Controller be
authorized charge 10 per cent that beng the same
IA paid by individuals taxes on nonresident inds
This would produce uniformity and cause more prompt
ness on the part Of those officers.
The Court of Appeals has decided that the law passed
by the last Legislature entitled An act IN relation 10
capital punishment and TO provide Tor the more certain
punishment Of the crime Of murder u OK p"st iacto,
and void "a 10 capal ofcnses committed before II took
effect aud also that such ohenses cannot BIO punished
under he old law because that expressly repealed
For this reason and the further that the present
statute abroga,es The mode Of putrg TO death by hang
ing without providing any other legislation upon the
subject appears TO be imporativey necessary and It's
Importance demands your immediate attention.
The exigency can be met by statute very simple ia
its provisions II mould repeal the act Of the last ses
sion and should contain provis0 that such repeal
shonld not affect crimes or the Indictment punish-
nent thereof committed after the act OF lStOock etec
and before the proposed shall becoile law. Sucn
an enactment would restore the old law az TO capital
oIenses committed before the act Of last year was
4 act a.
nted while il il In To restore the pre-, Nisting
law as to tLs class of crimes would he unconsutiona
and the same objections might lie, is TO these olenses
against new law. .
In order 20 execute the provisions OF the law Of 1860
the proposed act should contain section providing
that in all the punishment Of death therein pre-
scribed shall be inflicted by hanging In egislaing on
Ills subject three Glasses of must be Kept IN ycw
TO wit oAenser committed before the aie act took
elect: those committed while II ~ In force and those
which may be committed after the passage oi the az
now prop0sed Such an act 80 here suggested would
restoie the old law ~ the t and last of these and
would preserve the existing law as 10 oienses commit
tod under il. Tbf, doubt not, IL necessary and ~
accordance with public sentiments but II The POLICY 81
the State respecting the pUnirhuc Of capital crimes Is
TO BE- chan ged in n manner radical ns VIA attempted
in the law OF last year. advise that new code be
prepared for that purpose, Instead OF attempting 70
amend existing lawr.
The pardonng power, a prerogaiye conferred by me
Constitution upon the Governor, adccaie and uooer-
sry one tie proper exercise OF which involves patient
resesrch and the most careful Discriminate IN Jurios
are sometimes msled By circumstntia evidence, Wit
pesses occasionally err, sometimes pcpure themselves
youth and pexpericnce the condition Of th@menial
and Ihykical health signal and oppOrune services rem
dered in caees OF outbreaks In prisons, appeal forcby
to the pardoning power and there are rare eases where
newly discovered evidence Il presented which pro-
duced on tie rial would have changed the result; but
where full opportunity afforded, competent conn
eel WIS had, where the court and Jury deliberately
pas upon tie Gaze and the sentence Ia mie'iIy not
dspioporoned 10 the oilense, Judgments Of the c0dfs
should not be hphly disturbed. Sill the way must
ever be kett open for every form Of petition ior all arc
alike entitled 10 posiiiye implied lhough always un.
auhonzedl share in The advantages Of that morcliul
provision for modifying the severity ~ the law de-
cre.s which a wise people always lodge somewhere;
vet even here abuses may creep in II j. practice by
far too common with the judiciary Of coupling WIN
the sentence OF offenders promises Of Executive inter-
ference. II is better that each officer, executive or
iud ial shonld perform hi duty IN the hummer pre-
scribed by the laws leaving penalties 10 fall upon
those who have morited them; and any unsolicited
interference by tho Courts after sentences have been
pronounced h not demanded by Justice, and experience
proves il 20 be pernicOus in lis Influences believe
that Tor some offences the of imprisonment
fixed by law il excessive. have heretofore urged the
Legislature TO confer larger discretion upon judges IN
fxing terms Of sentence When this shall be done and
the public 20 feel that the pun hnent meed oat
is proper measure Of the guilt, conyicone viii be
more certain there will be less occasion for Executive
interference, and our penal code WIN operate VA
powerful restraint upon the commission OF crime.
In 1859 deemed Il due to the Importance Of the sub
iect that should ysit the several State Prisons, and
personally examine hs well those conyicts who had
previously applied for pardon, those who for want
of friends or other sufficient causes were entitled to
such consideration and had made no application. In
the administration Of the pardoning power, there are
great advantages in this course and in my lst annual
message / referred 10 this subject in detail. In the
month Of September Last, vfited the Auburn and
Sing Sing Prisons spending two three days at each
and examined about two hundred c0nvicts, pursuing
essentially the same plan as before.
40 ..oro 1rdacidod the Ii of Iannary LAT