New-York tribune., 1841-04-12
CASE OF RECORDER MORRIS.
Opin;on of Will. Hall. Attorney Genera, Sa Re.
LEGALITY of the conduct of EsobeTt m aA"iA
cordcr of the City of Newly orh.
A1roi sEY GEsERALs OFFICE, Albany, January -. =

ors.d ,ay Ina. oasiy directed o. Inc
Recorder detal the aaner IN "nan ni James Client
worth as made public that portion se osse.son Of
M p ~" hoprinr to the said Gen,sorth and ~; o,s%n ~
SIRED " he,ber the proceeding on those oeea "
,crr no doubt OF The right Of e kse@' @ 70 ~ q M rb.
na s Court, although l. unusual Tor ei,ne 10 ao
in that capacity and case oi ' s moi nerban. for
Of ius,ice mind should he prc-oceapied I'ta
.S "a. md loose statement, o preliminary examnauon oae
tne d al by ,atute rgh, another =ih him
in the sxaminaiona privilege which justice o the p MOI
renced criminal a" often exefcise'' IN ni''' -
There j. therefore ground h respect for the charge Nhien
tn Recorder alleges ha been made against hin % ual m
authority does belong to HI. Office HH. t "a q
as continued after accused had been ooa't'ea or "-
the magistrate = satisfied t9at NOD and Il,
tanning accused ihc object of the e1afaiiloh AZ
manifest usurpaion Of the po"eFs ana aue " ~ s
The earr that the examination nquIsora equally IN.
founded provided cond cted N good i,h u w. W. ~
vns TO ASCERTAIN reasonable rouHds 10
a cpt.or, va, guilty imputed 20 hn ana noe o
testimony pcrnen; and proper for the purpose was -i ~
no more tharh h duiy.
Bat such were not the real under color of INVESTIGATING
charge agnn Glentworh Irrelevant & gony & ,,,.fs.t ,a
persons supposed 10 be implicated Tefe "a ,er,fy under
stead of being charged criminals and co'uiea 70 -
va ,bc nyeirop in clear violation of the great principle which
distinguishes a court from an inquisilon 'ha' ii' A ~ " W
70 aGeas M the Recorder, statement the testimony ,aea
hcr bip n: the examining magistrate published a. 1t "as
taken rom the public JOURNALS win NJ ~
consent and in degree. under hi- upeh"hufhce;
rho Ino, from the possibility cononnded with the
guile, eivoe every ono who I. accused o cf ' "'
rho m before Grand jury and IS merely eeret q rGss
nqusi;on, ascertain if there be .nieen, @ " % s jfnc
making public, and putting the accu'eu "po" u"
Tbe second j, before the whore the prisoner Is called
npon TO dcny charge, and heard IN his de nee ne ~
the >ccOn isT
M, Iyc Tar tho ro.e establishing the c eaoenoe OF e
J t merely 10 enable the exercise proper di'
ere,on ischarginc hsidn ir 10 oai h pre-
iminury examination Is rendered Necessary ,', h ; a"J
Jury always session. when !" 'e''''" inc po ~
charge. be -nt directly before H.
But the when taken before the Grand jury i
SG Tg .sS b. made public by
The grand and not allowed 10 dciose
The given before thcm except IN certain cases P'nu IN
statute, H. = IA sU .:., ,c.o ,hc
magistrates conducted priyay' but their 'roas aG & 10
o nom+, Grand Jur indicates very ponieny 'he
great Improperly unusual and unnecessary fuD
The evil both the publication injpte me
and enables the guilty 10 e.el% the PrcJ m no.
the unprinced cvcngci the malicious WI be lnu"ced 10 u
the safe and convenient medium ioT r
% .aTS 10 @ cnony wa. gwen only on The
must be elmmcrng indeed magistrate who can wan
tonly place Unexplained gnied u gar' ana V
sueh, he knows pcrjucd statements before the world
The Recorder he thought he dheo,srel eohineS ~ & IN m
election b fraud deepest offence known 10 the laws
against the sovereignty o 'e people GRIM,
II requires all The power ana hgen & and deeply I'M
pressed (a, the himself To have BEEN "t eir
importance of unaceouni%Le prudce to ao ic
testimony newspapers before the conprtors were all ~
covered and arrested them opportunity to nee IRON
Justice suppress testimony and tamper with the "he nay
that this OWING that the 'IaNd 1ur' % %
unable 10 find an ndctmen, OF evidence The
Recorder declares that neither the usual nor inc
udciou make known the evidence while any o 'e parties
implicated are at large" So.
s Recorder he thought lin GGGs.ay @ @ to examine o5 the & T5
separate from o"eh ''he % & % % r ,bne sbo are 10
The of the witness of to-day read ny 'hVc h0 ~ "
Th" nycsrnon too was an extraordinary which would
nradnrc excitement and be attributed party
neI % ,hGe H.nrcd extraordinary prudence decacy
in conducting The Recorder that he was charged wi act
ne from political and that SAID that hr intended 10
publish the order affect the approaching election
attributed mistake IN judgement ,ha WIN me
warnings before HIM ne PROCEEDED 10 'e,lis ,bcb
vert suspicion certainty by making the very puba'o ~n
complains his political opponents predicted Nor Is M
Court which the Recorder complains Of should haNe been hoa
calculated to nue the character o innocent
" % , rooiyc and having apparently po;icul
bearing inevitably degrade the Court the esmon c the
people contempt Even IN as before the
y which nrc bv law public when the accused
rs present counsel and his witnesses 10 cos Aane and
dro,c exciting causc and when oihc ili, LOT e
iFbcd Of the ourt has been held
contempt mi,dcmeauor In the m OF Ihl>iwood ana nrs'
for high treason one Clement was lined t'oo io P%E Tue %
cecdcs trial. contrary the order ot The Court On ar
sy keeping of witnesses concealed from parties
and each other sometimes the utmost consequence IN
,bc Justice particularly such as these
when the same necessarily be given IN srch case
Io, rbc,;m and Of which advantage may
%nu favor or preiudce Of the prisoner How
orcble these remarks when applied to the no nal
and per taken before the committing magistrate
publication of sue testimony ma been eeNe uhd
rccd upou by In the OF Rex Lee o. Esp Rcp
l2S which an indictment o Puui'nlns a Aiau" INV M
committing magistrates the Court declare ueir opinion una.
criminal"
ccir We should he charity believe that peculiar
and unprecedented but unexplained circumstance III s case req
dered the publication for the protection Q! the GoI
the due The Ia" inns par
.icuar other To which tie accused was
stranger conceivable state OF facts would JUSTIFY sGh
an illegal proceeding hut that they might possibly mad an nprigh
nudge us duty Recorder himself that he was m
do he heard of complaints made against MN Tor
proceeding and the public mind was excited ana 10
prevent and oporiGn! for cNpsn
Explanations and dcniGlS ht whom "lcn
worth the before him. and had an opportunity secured
10 him hy explanations and deHla there me cN
n,c.son has no meaning unless that the publication vas IN
en, reach person than the accused and put them upon
the
The intent undoubtedly criminal act and subjected Inc
magistrate 10 an Indictment Another assigned that COM
,ant> were proceeding secretly Has Judge rlsh
thus 20 dvia,e accustomed and proper course o Judicial
hs against scnseles> cor ne
rowar,cc of iutrc 1t ha another for
rption Judge who regards only "tha popularity which io
lows NOT after would thus tribe with the nights o
The accused Of his high office None OF me
reasons the Recorder viii bear examinations ALL except me
that and n 10 ihe
publication could not N the nature OF things nave
produced 'h> fan the Goals iu
publication Of the preliminary testimony y The ins
pending the investigation sanctioned by ro Law or