New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-01-03
NEw-y DIRK DAILY TRIBUNE WEDNESDAY, JANUARY g. 1872

business upon them that the canals ia ettcr order
TIM at any previous period Ny opinion q, 10 Ine ruo
been $50 July pressed in three successive ann al mes
sages hat IL s not lccesry here 10 Ieleat thcl AZ
tfoI to he Ne The season VI navigation II 1871 was
II DAYS shorter than that Of $780, yet there was an IN
crease II tolls TO the extent OF Sl57,722 IS
United states ealing my attention 10 the 27h article OF
the recent treaty tween Great Britain and the United
states. which arhci, = in these words to wit
XxyThe Go,eTgeo Of hss Basc %ey engages &c ~, 70
ceI United he Of TIE "elDd s. Law nfe; ana
on *. canal 10 S , p@ en- 51 on l' s GINA State. engages 6
h. E ON tern. Of eqaait, Wild the inhabtan, United
S, end r engages upon the state governments to secure
e. Of hS nH,22e %e;'y d s te Use 81 Fp e by
q r.aoi rs e2l.a;S s 1ewSp INK Si me i1hSsDis Of
he President requests such legislation on The part Of
t1s state as may be necessary to carry out on our
,cpas this provision Of the treaty MY npTessiGh Is
TIT nothing exists in our state laws now 10 IOIDd INC
subjects another country using onr canals on terms OF
fuli equality with the citizens of The United states.
econend an inquiry on your PAR, on s PS edn pV
foy The fulGmcnt Of tho undertaking made BY The Fed
erIl Government.
GENERAL RECOMMENDATIONS.
Tho disastrous fire at Chicago destroyed The valuable
publ, law library Of that city. 1t always open to
the Tree of meXbers of the bar from other States
ana contained complete sets Of the Reports Of this state
and OF its Statutes wei those OF other States and
Britain Upon being Informed OF this loss by
restoring the library and upon their application Tor snch
assistance as this State could give, took the RESPONSE
by In view Of the intimate business relations existing
between the states Of Illinois and NewYork, OF causing
10 be sent 10 them the Statutes the reports ana the
Dlccss Of this state. complete as donation from new
York. knowing that the need was pressing 0r tnc WORE
Of restoration beng promptly ceeed In dong t,hs
careful not to incur any m,nly IN bchau OF t I
state nevertheless. respectfully ask tlnt y0n make
the books having been furnished by the state Library
from extra copies in their possession the total amount
expended will not exceed Sl,Cm 800. -, ,,,
Fun rights Of inheritance accorded TO the children
Of American male citizens without reference TO the ma
tionahv of the mother although the children be born
abroad; while the children of an American woman mar
rod 10 IN alien, are If they be- horn abroad CGneI me
class OF persons to inherit be ed by statute SuS
st for your careful consideration n view oI
ntri5f6p whether il youid not be wise 10 remove all
disabilities Of aliens relating to the acquisition, posses
and trans mission Of real estate. In several OF the
states Of the Union these disabilities longer exist
and in England they were removed by statute passed
H. 1870 the day before the date when the treaty ne
tween England ana the United states relating TO ma
moving all these disabilities the suec stion Last made
with reference TO children born abroad OF American WO-
men, Will have become unimportmt
recommend 10 your consideration the subject OF al
legged abuses under the referee system in our courts IN
. view to providing remedy by law for such abuses
TEe statutes providing for tie election Of Senators. in
of vacancies occurring otherwise than by eNpira-
ton OF term, are defective The deiect was brought 10
public notice by the death of Senator Blood just before
The last session of the Senate called the attention OF
e,sty OF amending the in this respect. int thcy
failed to supply the defect recommend prompt action
recommend as did last year. the putting an end by
law. the haTdshpS and injustice frequently inflicted
upon persons who detained witnesses to the com
mission OF crime. The suffering resulting from tlis,
especially in cities, Is very great and extends to many
unfortunate persons who are too poor TO give security
Tor their appearance testify. The law should provide
that person shall he detained in prison as witness in
criminal cases beyond specified time aud that If the
trial he postponed beyond that time the motion Of the
prisoner il shall be only on condition OF His consuming
the testimony OF the witness may be taken de bes
CSc in eyi, cases 1t may be gca that the people
NAV not he ready TO bring trial and nay thus, In
the benefit of the Witnesses altogether
better than to have innocent persons sntfer i'm
prisoument IN order that even the guilty ma! DC con
ylcted. ,.. 49,. - 49,, |
crrcd upon the oyer and Termner or upon the Supreme
Court at General I'm to grant new TRIALS upon lLe
convection before the Oyer and Temncr Tho courts OF
sessions, which are inferior tribunals have TINS power
fully convicted in the oyer and Ierner m matter how
clear his innocence he shown by newly -dscovered
evidence, has remedy pardon from the EXecu-
recommend that the laws relating to the insane be
revised As they now any Wo justices OF the peace
upon tue certificate OF two ply sieianS may Gcprse |
man OF his liberty on the grOGnd OF luhacy ana oId'r
him 10 be confined IN IuHdtic asylnm: a IiI Mas |
subject but some Of it. provisions seemed me To e
Objectionable and II was generally 0lJccuOndilc, IN |
For these withheld uy approval from It, Ihre
can doubt that there Is room for great abuses under
who may grant certificates Of unacy aAd AL mag strates
VINO issue an order OF commitment 10 IN nC re-
once to the county Judge OF the county within which
order was made and that all superintendent OF public
aud private unatic sylums be required under Ike pen
alties to report forthwith the arrival OF every prht az
their respective establishments to the county Judge OF
the county whence tho patient was sent that the !
county Judge lie required to investigate the case, sum
marly and confirm OF anhnl INC anu tud' nc
be empowered at any time, on hs own m"IOh or on ne
Application of any one Interested IN an alfEhd .ulc'
10 reopen the hearing or case ana 20 cOnduc 2ucH IT.
hearing with without the al OIL jury a 10 nm may
seem hest and tlereupon in his discretion to discharge
ing laws relating TO the STATE A>ylums for The Insane be
unatc asIulns he bro,'Sht uhdeI soiie 'tc VI
ing by the public authorities. The Legislature should |
provide for their supervision ana frequent VISITATION
Inasnncli as the oiatc permits tc W a. % J. t t
persons In such private inttutl"ns Is rant tnaI tue
confined in them rs over tAose IN Cur public hospitals
For the fourth time, recommend an ah,nanent OF !
occur where intent to take life is proved but where the
dict OF guilty Of murder IN the first degree because the
peculiar facts do nOt warrant the extreme pcha OF
death. They cannot, under our present s:atWe define
The case as one OF murder the second dcEfec They
are driven, therefore, To either acqt or WhIN YER
dict Of guilty Of manslaughttr IN me thlI OF Iou;lh
by law to these two degrees Of crime - very made
punishment for mansaughter ia the th-h degree
be made much srg1ieTi or 5 5 " not uir
other facts do not in the judgment Of The 1y justify
verdict of murder in the second derec 10 De punished
ly imprisonment for life, or for terra 81 year. III me
discretion of the court. II is no valid objection 10 HE
above amendment that undert juics would nave 100
great discretion IN TIE matter OF enforcing INC nca.h
Instances and do with the law a stands 49, the cost
Of rendering verde, not satisfactory 10 tInseE,1
and of allowing very sCriGns CRIME 20 20 uhhI-hcd,
except by light penalty attached by the law 10 one OF
lower grade. ~
respectfully suggest that all bills making large APP
propratiOns Of money DC passed by You At period OF
th session early enough to enable me 10 return lhcn 10
YOU with objections II have any 10 maize 50 that
shall not he obliged 10 consent to items not ~ my ludg-
ment proper the only means OF avoiding fbe defeat
OF other lust and necessary appropriations Tie supply
Bill a. It s commonly called, Ia, always Do SEN III
for approval the Legislature had Adjourned cav ug
me no i've bat approve Of It as WHOLE on to