Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-11-12
The Recorders Charge.


Jury of the Of the Fire laws, the law against
Lotteries, the law regulating the court and its off,
GERS and also the election laws On this latter sub
ject, he said, that it was felony for inhabitant
and voter of another State to and vote in this
State II is misdemeanor for any person not a vo-
ter in this city, to from any other part Of this
State and knowingly vote in this city whilst he
sides out OF it, 1t is also misdemea if he votes
more than at one election. And the fact of his
having registered his vote before the election does
not lessen the crime the penalty in either case.
The Recorder continued
There is another subject, gentlemen Of the jury,
upon which it is my duty to charge you allude
to the imPutations which have been publicly made
against the presiding member of this Court
Partizan papers have published in their columns !;
and partizan lawyers (if not feed Counsel have in
infammatOry addresses made to mass collections OF
our fellow citizens, charged that the Recorder of
this city, in violation of what he knew the law to be,
and for partzan political purposes, corruptly CON-
mitted the acts which they specified
judge gentlemen of the jary, cannot be l. dicted
or iRpeached, for error in Judgment either upon
questions Of law fact. That such is the law, has
been fortunate for the long line Of honest, intelligent
judicial Understanding back from the present day
TO the earliest period Of civilization. To err is hu-
man. There never breathed Judge, who did net
commit errors in judgment both Of law and fact
The very construction Of judicial institu tions is
founded upon the fact, that courts and judges may
err in judgment-and the judgments Of Superior
Courts reversing the decisions and opinions of infe
rior tribunals and judges is evidence that errors in
Judgment are daily made by judicial officers and
courts.
If Judge corruptly, against knowledge violates
the law. he is subject to be impeached and removed
from ofice-and also is liable TO indictment and pun
ishment a criminal.
1t is your duty, gentlemen, to investigate these
charges. Should you find them founded in truth. it
who shall be found to be guilty Of such dereliction
of duty, Of such corrupt violation of laws.
have now, gentlemen Of the jury, filled the situa-
ton If Recorder Of this city, for years and
months, during which time il has been my constant
aim and study to protect private character personal
rights and the persons Of citzens to guard the in
digent to secure to the opulent the enjoyment of
their wealth. to indicate the virtuous aud the good
against foul and malicious libes and to protect the
community against the Vaccinations and depreda-
tions of corrupt officers. do not fear that will be
charged either with egotism conceit, when refer
to my oficia conduct as evidence Of the sincerity
OF my professions.
In the performance Of my official dates; in the
punshments which have participated in awarding
TO the low and vcoas; in the penalties imposed up
individuals, respectable and elevated in society,
who goaded on BY excited feelings, and permitting
their passions to destroy their better Judgment,
committed violence upon the persons Of other citi
zens in the Imprisonment of rioters and also in the
severe judgments inflicted upon the convicted mali
eious beller, have been sustained by the aprroba
There has been but three cases, at all events but
three cases that have met my observation, when
popular commentator was not universe; or rather
when complaints, objections, ind censure of my
course has been made by some.
The first case aude to, is that of former pro.
minent police officer. who was also of the Off
GERS OF this Court mean William H. Sparks. A
careful examination of testimony showed that officer
had detected gang OF thieves, who had robbed a
stranger Of all his money! that after he had obtained
from the thieves part of the stolen property, he
permitted them to continue at large, and by direct
Affirmative falsehood, endeavored to sc reen the fe-
Ions from arrest and pnnshment Afterwards, against
the wishes and the efforts Of Sparks, the felons were
arrested by others-they were tried, and upoa the
testimony of s. arks; he swearing to what he knew
and before hs permitted them to 20 at large and
before he told the fasehoods to screen them, were
ing the just punishment Of their crimes. After this
conduct Of his was thus proved, this Court acting
with them, removed Sparks from the situation Of
officer of this Court.
Pending the Investigation against Sparks, an in
dividua protesting great consideration and regard
fer me- urged me TO suspend any further
against that officer AID assigned his reason that
"if persisted an eft ,rt was being made to charge
that the Court in their inquiry were actuaied bv
political considerations and by the spirit Of polit
cal pc rsecution." need not inform you gentlemen
that such suggestion Ito induce the Court TO di,re
gard the solemn duty which they owed in that mat
ter to this community had other effect, than to
cause the individual who addresses you, to suspect
the integrity or to question the understanding Of the
The able and eloquent counsel who defended
Sparks, in his address TO the Court, called upon
them "te pause befsre they dismissed the Off GER
lest il light be said that the Court were actuated
by political considerations.'
After Sparks had thus been removed after the
cause Of his removal had been made public the
Sheriff OF the city OF New York, appointed him to
the responsible and respectable situation Of depuy
Sheriff. He who the evidence and his own testi-
mony showed used his influence and his official sta.
ton, to protect thieves from the penalties Of the
law; and to keePthem at large where they could de.
predate upon the community, has now more official
power, than he possessed in the Office from which
he was removed. He now has only the power
OF serving criminal process but also TO serve civil
precepts and 10 officially come with the pecu-
mary business Of the honest portion Of the eommu-
nifty.
servation of the learned counsel; this appointment
Of deputy Sheriff, showed me, that by soae M
course in that matter was not approved. Thew also
showed me that in the minds Of some men, promi.
nent, Efficient political adversary OF a Court-no
matter how criminal ais conduct-no matter how
prejudeial his corrupt conduct may be tothe citizens
at large-must not have melted to him that Justice
which the Cour; are called upon TO iufl,ct upon
other offending citizens. They showed TO me
should Court have the temeriiy to infict upon
such person the pun shment due TO the oft nee es-
sblshsd by the testimony, the Court does IL at the
hazard Of being censured and reproved. Thew
showed 10 me that in such cases, some men in the
community will eulogise and elevate the convicted
the confessed culprit-and will decry and eensure
the Court, who under the obligation OF their oath Of
Office and for the purpose Of protecting the commu.
atty, ierrets out, exposes, and Furnishes that often.
der.
The next case in which I was censured bv soms
persons, was IN the late trial before the County
Court, Of henry w. Merritt Police Jwstice The
County Court had not organized, before a portion
Of this community were loud, and learned as they
wished to be considered in the assertions that the
Court were the criminsls-that the Court were
usurpers-that there was no court; that il was a
mob, political mob-thst there not only was no
Judges, who could hold such Court, but also that
the city Of New York never had Judges; that all
the prisoners who had been tried and convicted for
murder and had been executed, had been put TO
death, without legal Court, without lawIfrom
which learned and wise conclusion, tie same indi.
vduas arrived at an equally learned and Just conclu
sion that the Justice was perfectly innocent Of all
improperly, because the members of the Court
could hotsgree with them that the city Of New York
had net and never had any judges.
The COursc 1 nursnnd In that fr,aI