New-York tribune., 1871-01-04

and the suggestion them to the control
consideration The Federal Government has already
enough OF administrative duties This state pn' 'sse
canals without any exrinsic aid owns thein aid ~
quite competent 10 take care Of them our own poop
are directly Interested in Their good m h % nn
these great works are much more nkey 10 pe W.. WI
administered by ourselves than put nnaer so remote
supervision that OF the Government at Washington
The Canal Board. by authority OF the Legislature,
adopted last year reduced scale OF tOls AZ was an
connarcd win the previous season. As comparedNvith
period years, however, the falling OF is not serious
The average annual receipts OF the canals from the year
iss down to 1869 inolusye he period Of high tosl Is
IN peTcd Of the % war when the receipts
unusually large The falling off last year is not an
due TO the of tolls. From purely commercial
there has been diminished traffic The business
Of the canals, moreover suffered during the past sum
from great reduction Of railroad rates m freght
temporarily made by rival companies In struggle Tor
ihc Western trade,
Whether tins diminutoD of ia 10 be temporary
whatever changes in the tohcet the experience OF the
past suggest shold adhere, far as pos
Sibe. to low tolls We produce in this state not more
eTspy Year @ uShe onehaf oi the total qSan.
ty OF other grains consumed in this state TO Wit Indian
cOrn oats and barley, also supplied from other
States II is Obvious that cheap transportation from the
gran-producng states is essential to our comfort ana
prosperity To say nothing of the importance OF having
cheap means OF forwarding to the West our own manu-
and the merchandise imported from abroad our
people gain much by lowering the rates of trans
pOrtaOn the supplies they must procure from ohef
States than they reduced from low tolls
when built our great canals the people of this state
produced an the food necessary for their consumponad
cra enterprise it was wise then TO construct works
Tor general benefit to the internal commerce OF the conn
much essential il II for own IN
tercst as Wen as theirs that we keep up the eesI inter-
in the great lakes upon our borders and IN the un
equaed outlet to the afforded by the Hudson RIVER
artificial waterways; the interests OF the State ana lts
people to me TO be rreyocaby bound up now With
preservation in full efficiency, Of the connecting
channels so established The people Of Europe and of
ernment is cxpending large sums of money clearing
away distractions in the Hudson and Other naugable
rivers: an that canals longer useful
because the railroads opened 10 tnt west
ranted would be to suppose that the free navigation
railroad built upon its banks. We ought not TO levy
greater toll upon the commerce OF the canals than s an
payment of that portion OF our debt to which the reNe
nues pledged
Except in the canals our people have efficient check
upon the rates Of freight which the railroads may I'M
roads Themselves are avoided by combinations and
agreements their part for establishing uniform rates
probably Ouequarter of the food which It's people con
while il may be said to furnish none Of the coal
use, II is vally important to us that the great con
ncctiOns OF the lakes with the Hudson should he main
sS T etas6sd 10 promcte. Il should be- borne in
mind that the canals were not constructed with view
create revenue for our state treasury They must
DE kept up in their efficiency out Of regard not only 10
tho interests OF the people of our own state but to the
great mutual good which, by means 01 the reest trauo
and the people Of other States are caa-
bic of comforting on each other ,......
part OF the policy OF the past has been TO pnt
the canals in thorough order They had been neglected
condition fendered very heavy expenditure necessary
Another year the revenue viii, probably be larger the
buffalo 10 Albany and back has averaged four days less
the past than the previous year. The canals are
business increased the necessity for repairs diminished
There Is great need of the application of steam power TO
mend that you make suitable appropriation OF money
enable the Canal Board or the state Engineer TO test
10y actual experiment, the merits OF several projected
methods. .
I.aah Blood OF the XVIII District, has left vacancy IN
tlc Senate Whch owing to nperectOn III the statutes
be filled 1t will be your duty 10 supply this
defect
Ihave twice recommended to the Legislature without
cncctl modification amendment Of the laws relating
- murder There are many Instances of homicide where
tho criminal intent to take life proved i'll which, how
ever the jury are unwilling to ind verdict OF guilty
OF murder in the first degree because. In their Judgment
the circumstances do not justify the death penalty!
Under judicial construction Of the existing statutes they
cannot bring the case within the definition of murder in
the second degree of mansaughler III either the trst
0r second degree They have no alternative 6ut TO
render verdict Of absolute acqutal, Of guilty Of
Inauslauchter in the third or fourth degree n0twth-
WILL IN the latter cases. award is wholly inadequate.
tat stleT & 91e ap IN ad m5cb Sreotr iJ
that in al cases where the degree OF pIemedatl9n
do not IN the judgment of the jury. Justify punishment
10y death they may render verdict Of guilty of murder
Tor life or for term Of years III the discretion Of the
court. The only objection that Is likely TO be urged
against th, recommendation is that, II 1t were adopted,
the jury would have too great discretion In the matter
Of enforcing the death PeRa a Is dcr" no w and and
will. ia any event, continue to exercise u wien they
stand. they render verdict which does not satisfy
Jheusei Cs or the demands OF justice
lie IMPRISONMENT OF WITNESSES.
recommend also, the passage Of an act which Will
mt an end to the great injustice of OBTAINING as prisoners
ersops who are unfortunate enough be witnesses to
the commission of crime and unable to give security for
their acarance at the trial of the accused. The magn
tu,e Of wrong and suffering resulting from this practice
especially in cities, is not, am sure, appreciated or
Od
The law should provide that person sna DC dctaled
in ur,on as witness In criminal cases beyond speched
time aud that II the trial be postponed peyohd that
te ON the motion of the prisoner il shall be only the
condition OF hi, cOnsentng that the testimony Of te Wit
urged that the people may not be ready TO Dlhg on
trial and thus, in some cases lose the Denent
hat bet than 60 have innocent persons suffer
mprisouineut M order that the guilty may be con-
recommend anew that power be conferred upon the
over and Ternner upon the supreme Court TO grant
now trials i'm cases of conviction by the oyer and Ter
miner Tho Courts of Sessions. which are inferior III
Sisfns laws in cases OF conviction before them They
are authorized TO grant new trials upon the merits or
FOR rcguarty, or on the ground OF newy-discoNered
evidence obviously proper that the igher cruz
courts should possess the same power As he mat M
stands now, person wr0ngiuly c9nNleteu III Ins
and Termincr no matter how clearly hls lnn4eehee
This is not the proper and just recthca0n OF the wrong
/ recommend an amendment to the General Village
Law CHAP 29l OF the Laws OF 1870 so a. 10 authorize the
election of Police Justice III villages having suinc!eu
population 10 Justify II.
QUICK TRANSIT IN NEw-YORk CITY.
There great and constantly increasing demand Tor
come means rapid transit from the lower to the upper
part OF Now-York Island. This demand must be met
To most Of the plans hitherto suggested there have been
ou. objections on account Of the nature of the work
prposed or the privileges asked for by those who offered
10 undertake it, To bill passed by the last Legislature
authorizing what called the Arcade railroad was
obliged 60 refuse my signature, after the adjournment,
Tor reasons already given 70 the public The objections