The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-01-03


dollars am ninety centsthus vndcatns the present 20
hey ot copfnng appropriations to the simplest and most
ecgno mical necessities OF government
cannot leave this topic without adverting ~ the sun
Gets u taxation ana retenchmen. fhc depleted cona
cn a the treasury induced, i must be- adnitted py
nis ken policy o. previous years with raspsct u me i
mails by pedging the credit OF the state for improper
obCcs compelled the Legislature last winter 70 IVY
direct state tax of three mills sxts oi mill on
each 3olr Of tho taxable property OF the State. Not
outstanding the present financial emtarf there
g every reascn for believing TINT me assessments,
though large bcyo nd all precedent, WIZ De promptly
The people have at all times cAeerfeiy respond
Ell to demands, however oneroos whenever they have
felt the positive necessity OF doing so, whether 10
preserve the faith Of the state to cary for
ward completion great work OF intercommnnica
ton between the Western lakes and the But
have seen, the latter is now nearly completed, and
while the general fund Is in condition to meet the
sonabe CLAIMS upon y, we should s9 admnaisnad IN
this excessive taxation, and In view OF the pre-
difficulties Of the country TO adopt that wise and
just rule which requires rigid scrutiny OF every mea-
seeking appropriations from the treasury aud after
the expensive lessons Of former years will, think,
hardly need be reminded OF the in ~ of commit
ing the state especially at this tsnc, 10 Of
doubtful prorrety, much loss OF mixing appropriations
for ony purpose in excess Of the means provided.
TIE two fiscal bills Of greatest public interest the
General Appropriation bill and the Supply bill. The
former Of these specifically provides for the support Of
the government for the fiscal year commencing with
October next following the session. Tbs measure his
sometimes been delayed order advance nrivate in
forests The Supply bun Originally Intended 10 provide
Tor the payment OF such proper demands could not be
delayed until the General Appropriation bill fell dne, has
Of late years been burthened with many inconsistent
and unjust prov sons and passed. as It usually has boe
at the last hour of the session. tho Executive IS left only
a choice between deprviag honest creditors Of their
dues Of authorizing the payment of thousands OF dol
lars Of demands totally without foundation. To correct
tins serious and growing evil recommend that you
troduce and perfect these two during The first
mouth OF tho session.
Tie practice of annually applying the Legsatnrefor
extension Of time for the payment Of taxes may be
qujre Mt your hands emphatic DENIAL, should such
application be made 70 you. There seems 10 be no good
Why tax levied October should not DO paid by the
1st q tho following March Those whose opportunities
lest quality them 10 Judge III this respect wei. my
observations, satisfy mo that movements Of this charac
TT not made by the aypayeror he, with commen-
dabe promr has paid his duesbat BY be-
tall Of collectors aud treasurers The money! pya
bic az the treasury within given period, where they
needed to meet the demands upon the State who
ever, therefore, for his profit, delays with
dds them is guilty of eorious wrong, and is deserving
of public censurc. The moneys frequently in1le
Of by the custodans, and espar.encc las
shown that in the end either the individual the state
brought to suffer loss thereby felt IL 10 be duty
the eth Of March last TO return TO the Assembly with
ont my sanction the bill entitled "An act extending the
time for the collection Of in the several counties Of
the state 1t was strongly urged that the payment Of
the delinquent taxes could not be enforced unless this bill
became law, but is IS wen known that the levy was col
cced without more than the ordinary difficulties. l
would suggest that instead Of per cent which s
chargeabe all balances due from county tresarers
after the LIST Of May tire Comptroller be authorized to
charge ten per cent that bong tue paid by
divlduals nonresident lands This would
pi oducs uniformity and promptness on the
part Of those officers.
The Appeals has decided that the law passed
by the last Legislature, entitled An act in relation
pal punishment and TO provide for tho certain
punishment Of the crime OF murder is post fate and
void to capital offences committee before took effect
and also that such offences cannot he punished under the
old law because that was expressly repealed For this
reason the further that the present statute abro
gates the mode of putting 10 death by hanging, without
providing any other legislation upon the subject appears
70 be npefatvey necessary and lis Importance demands
your immediate attention.
The igcncy be met by statute simple in
s Provisions. should repeal the act Of the last session.
GIG shXd contain proviso that such repeal should not
aIce cr,mff or the INDIGNANT OF punishment thereof
committed after the act CT 1850 took effect, and before
the proposed shall become Law Such an enactment
would restore the old law capital offences committed
before the act OF last year passed and wou preserve
that act as Offences committed while IL Is ia force To
restore the preoxstiBg law 10 tins class crimes
would tc unconstitutional and the sane objections might
lie, rs to tllese oicncts, against "a new law
1p order 10 execute the provisions Of the law OF 1860
the proposed act should contain section providing that
ii all the punishment OF death therein prescribed
shall be inflicted by hanging. In egsating on this sub
oc three CLASSES OF cases must DO kept in view TO wit
on noes committed before the late took effect those
committed while IL In force and those which may
committed after the passage the act proposed.
Such act u here suggested would restore the OH law
TO the nrst ana lat ~ these and would preserve the
existing law as to Offences committed under it, This,
doubt not is necessary ana IN accordance with public
sentiment but, II the policy OF the state respecting the
punishment Of capital crimes is TO be changed
radical attempted In the law of lust year
advise that new code re prepared tof that purpose IN
stead Of attempting 10 amend existing laws.
The pardoning power, pefogaivc conferred by tina
constitution upon the Governor, is delicate aud
sary one, the proper exercise of which involves patient
research end the careful discrimination. Juries
sometimes misicd by ,roum stantla oviiesce; wit
youth and inespc,enco the eaton OF tho mental and
physical health signal and oprortune services rendered
IN cases Of outbreaks in prisons appeal forciby 10 the
pardoning power, and there az rare cas- 9
where newly discovered evidence Is presented, which,
If produced on tho trial. would have chmged the re-
suit; bot where full opportunity was afforded, com
pet,nt counsel was had, where tho court and jury
deliberately pass upon the case aad the sentence is ma
the courts should lot be lightly air,Srbed s,i the way
must DO kept open fer every form OF pson, for
ways unauhorzed) share in the advantages Of that
cifu provision for modifying the severity IT the laws
DEGREES which wisc people always lodge somewhere;
yet here abuses may creep in. II Is practice by
lar with the Judiciary Of coupling with tho
sentences Of Offenders PROMISE Of cxecuiro nterfe
renee IL better that each officer, executive or Judi
ca should perform his duty in the prescribed
by tho laws, leaving penalties 70 fau upon those
by tho courts after have
nounced n not demanded by Justice, and experience
proves 70 be pernioors in Its Influences. believe
fixed by law is excessive have heretofore urged the
Legislature 70 confer Larger discretion upon judges IN ix
ing Of sentence. When this shall be done, aud the
public q me feel thai the punishment meted IL
proper measure of the gilt convictions viii be more
Ain there viii be less occasion for cxecu i've ntcrerenoc
ana penal code VIII operate as powerful restraint
upos the commission OF crime.
In 1859 deemed /, duo 70 the Importance Of tho
cct that should visit the several state prisons and per-
sonay examine well those convics who hal previous
y applied for pardon those who for want OF friends
othcr sufficient were entitled such consdera-
ton, and had made application In tho administration
OF the pafdonlng power there great advantages
this course, and In my last annual message referred 70
this subj ct detail In the month Of September last
visited the Auburn and Sing sing prisons. spending two
three days IT each and examined about two hundred
pursuing essentially the plan 1s before
There undecided On the LIST of January last,
hundred and eighteen applications for pardon and a
pcaton for communal ION and there have sincs been
ceivcd three hundred and forty applications for par
don and two applications for commnaton and forty
old have been reviewed making in all i've hundred
and eight OF theEe have examined and decided three
hundred and eighty two. OF which number have par
donod seventy eight have denied two hundred and eighty
eight, have committed fourteen, denied Communication 20
two, two have died two have been discharged by courts
ana the terms Of twenty havc expired begoro the
applications acted upon, and ninety ave, in
q the delay - perfect the papers remain undo
termincd.
Tho number OF persons rardoned for every description
of offence, including misdemeancr1, in 1870 was three
hundred and fifty four ~ ls2l three hun fred AMI
olevon 1922 two hundred and nine; Ia 1888 was
hurd In Avraa oueh and. IN