The New York herald., 1871-01-04


TINS recommendation Is. that II II were adopted.
the lury would have too great a discretion IN the
matter OF enforcing the deatn penalty. the answer
10 ms objection is that they cXercls tnat discre
tion now, anu will, in any event. continue 10 exer-
cse Il, when they think 4 right so TO do but in do
ing SO, as the law now stands they render verdict
which does not satisfy themselves the demands Of
justice.
recommend, Also the passage OF an act which
will put an end TO the great Unjust OF OBTAINING
prisoners persons W hO are ORTIZ late enough to be
witnesses to Tie commission OF ime and unable TO
give secnrify for their appearance t tre trial of ths
accused The magnitude OF wrong and suffering re-
sutng RON tnis practice, especia ~ In ctie rs not
am sure, appreciated or unders. o q, or it would
not be permitted 70 continue. lhe law should
provide that no person shall be detained In prison
tme and that II the trial be postponed beyonl tnat
time OH the motion of the prisoner II shall he only
the witness may be taken de bsne essp as in CIVIL
cases. tmay be urged that the people may not be
ready 70 bring on tae trial. ana may thus s. In n some
ncsses altogether. answer that 1t is better than
to have innocent persons suffer Imprisonment In
order tnat even the guilty may be convicted.
recommend anew that pow er be conferred upon
the Oyer and Terminer or upon the Supreme Court.
oyer and Terminer. The courts OF sessions, which
inferior tribunals TO the oyer and Termine-, lave
tins power. under existing laws, IN cases Of conyc-
new trials upon the merits, or for irregularity, or
on the ground OF newly discovered evidence. II is
OBVIOUSLY proper that the higher criminal courts
should possess the same power AS the matter
stands now, person wrongfuly convicted In the
cence may be shown Dy evidence discovered alter
CONVICTION has no remedy except IN pardon from
the Executive. TINS Ia not the proper and just
rectiication OF the wrong done to im by an unjust
conviction.
/ recommend an amendment ta the general VII
lage law tchap. 29l of the laws OF 1870, so as to
authorize the election of pOIne justice villages
having sufficient population to Justify 1t.
There Is great and constantly Increasing demand
for some means OF rapid transit from the lower to
the upper part OF New YORK island. THIS demand
must be met. TO most OF the D ans hitherto sug-
gested there have been serious object ons. on ac-
count OF the nature OF the Won proposed or the
take it. 10 bill passed py the .ass LIE egslature
authorizing what was ca led the Arcade Railroad
was Obliged to refuse my ssaature after
to the public. The objections TO the pro-
visions OF this bill were insuperablc Hereto
fore charter was granted for The construction OF
an underground railway; but. thus far sufficient
capital TO pro ,ecu,e the work has not been sub
sclbed. IL is claimed by person, who have given
the question careful consideration that the true So
lu OF the dincultic; which SURF iOund It Is 10 be
upon sod structure, raised so high as TO cross the
transverse streets by arches that would offer
no obstruction to ordinary travel, and avoiding
interference With the leading avenues, BY passing
chieny through the middle OF olocks IL would
seem that under properly guarded Dill less IN
convenience to the public In tDelr use OF the Ord-
nary streets ami less inter erence with private
rights Of property would ensue from this method
tnan from any other while the convenience to pas
sengers would be u eater tnan on roa Is be .ow the
surface. There are those who have always stood IN
opposition to every plan hereto ore presented and
who ought TO be ready to suggest some method OF
relief or give their assent and lner d to any plan
which, while free from the objections urged ginst
the rejected methods, holds out reasonable pros
pect or SUCCESS .aie
The powers OF the commission for preventing the
spread OF the disease among cattle known as the
rnderpest. will expire, by limitation OF law, on the
20,h OF April This The necessity for the gi-
lance exercised by the commissioners still exists,
ana very serious consequences would, IN my judg-
ment result from an nterlnissi0n OF the lmportans
duties devoyel on them The commlss on has al
lature to make the necessary and very limited ap-
preparations required by them: trust that you will
provide all the means needed for service so vaua
Dle and essential TO our stock rai5ers and farm rs,
aud win continue the at IN iorce. Certain amend
ments W Ii he suggested by the commissioners, TO
which ask your careful attention.
call your attention to article =, section of the
constitution, providing that corporations shall not
poses and IN cases where. IN the Judgment OF the
re ae Objects o, the a cann9 be
has been disposition to overlook the strc: intent
of this Limitation upon legislative power.
Suggest 70 YOU tine importance OF passing all
bills making large appropriations OF money, incul.
ing the New York tax levies, At period OF the
objec ions, il have any to make. The practice OF
allowing these bills TO be DELAYED until the END Of
ona right to disspprove OF S Iiems
unless, by withholding my signature from bill. 1
permit desirable and proper appropriations for the
year to be lost IL Is not right to leave alterna-
tive but TO sign bills containing Objectionable items
or to refuse my signature, and thus defeat appr0
pr.ati0ns which are necessary.
FEDERAL AFFAIRS.
The disposition OF the federal administration to
unnecessary, unwise and unconstitutional interfer-
ence with the pursuits and rights OF the citizen and
with the State governments continues and Is great
evil. Ry the prolonged disfranchisement OF q por.
ton oil the people Of the SOuih and by other means
the full and final restoration TO them OF political
rights Of the control OF their own affairs and Of
the free choice OF tner representatives Is stIl for
partisan ends delayed AMI obstructej. to the pre-
judce OF good government AMI Of the general well
fare.
We are made to endure the evils OF oppressive
and illregulated arir OF duties, and have imme-
date prospect OF substantial relief. The principle
of SPECIAL protection is at with the general
sentiment o! The world and TO this 1t must sooner
or i,ter YIELD although its advocates who during
the last ten years have secured more than ten revi
SONS OF the tariff. all tending 10 higher ana higher
protection still manage to control Congress and It's
committees.
We are the only great Power which commands ex-
tended coasts on both oceans, and are maritlme
contributes to our mixed blood; vet we have become
within few years, by the suicidal operation OF Our
been driven from the ocean but on our great lakes
Canadian built vessels are gradually drawing away
trade from us, because costing much iess they can
which, a few years ago, we excelled the
world. has become a lost art among US.
favorltlsm, miscalled protection, realize no in
creased price tor what they raise and want 10 sell.
are, nevertheless compelled to pay an enhanced
price for what they need and have to buy. Blankets,
woollen clothes and many other things OF common
the injury Of those whose it IS 10 work very hard
for their comforts, which class constitutes tho
great bulk OF every people. These are only
raj government legislating for the benefit OF
few capitalists under the false pretence Of
protecting oar home labor. The enormous profits
resulting from this unjust favoritsm go all to
the manufacturing and mining capitalist, not
to the men employed by him. The high duties
laid for so-called protection 90 not enure to the
benent Of the public treasur nor do they make the
EVEN the
beginning to share in the effects OF the general
derangement and languOr IN business generated by
this false system, which ertakes to sustain Ger.
tain favored persons In occupations In which, II left
to their own skill and resources they would by their
own admissions, fail.
There Is no sufficient remedy for this except In
the absolute rejection from our federal legislation Of
the principle of favcrtism. All the people are en-
titled to equal protection; have right to spe-
cial favors and 1t Is wrong which, it seems tO me,
ought to shock the moral sense OF every one. for
UoV nd no n ratafnU