New-York tribune., 1841-08-07
IMPRIs MENT OF vAGRANTS.
OPINION OF THE COURT OF SESSIONS.

gancy as deseredy attracted much attention ftor the Bar
and the Public On the hand has been claimed as
necessary the preservation of Morality and Order on the
she Denounced dangerous personal liberty 1t must
be obvious all that such process liable the grossest
abuses, and ought be very carefully guarded while as
prop Public Morals, it exceedingly inper
feet and unsafe one.
Of this kind up before the Court of Sessions
Yesterday in which, after hearing Judge LYNCH delivered
the Opinion of the Court, as follows:
CouRr the Melinda HOag Habe.s
Corpus. OPINION OF Judge Lynch.
The brought before abeas Corpus directed
the keeper City which he has returned ,h, ne de-
her by Of commitment which IN the words following
CRY CouSTY NEw YoRE ss-By George w hatse Esq
and Ma,shas of the said City and
OF them aud the Keeper Of the of the City of New
York These People Of the State t
command the said Conabe and haha TO convey to the
said Pentenar the bo OF Melinda Hoag ~ho stands charged be-
fore with Idle person and common pros
without lawful employment and whereof she Is convicted on
testimony. And the said Keeper are hereby con-
Melinda safely keep for the OF months
she shall thc1ce delivered by course of law
Given under hand and SEAL this 2h day OF July IN the year of
Copy (signoa) GEO W. MATsELL.
The counsel for the prisoner that the prisoner shoi be
discharged the ground hsi the commitment " void iO' defects T
Pearlng on the face Of H. ~, ~, .;.. ..;. -;
ID That the ceacc of prisoner convicted stated
defining what constitutes yaerant
81 lha, the although II Is stated that
That appear by the commitment whether it
spou the party competent testimony and that 'n
witnesses and their testimony should have
5b Ta there Is no statement of any dutca,ion that the pr
improper person be Aims House that
offender and proper object Of relief
mtmehs ,orae W Ma,,ei described Special
preserving the Peace in the City "hch su
allegation hs authority and MT necessary 10 ax 10
his signature his official okaracter
= The offence the commitment that the prisoner is
ragront d person aae common prostitute "ho net av
visible mnan herself lives without lawful employ
men As the Justice has undertaken TO dehe 10 the "afran Tue
particular of vaeancy o which the prisoner as convicted
appear I've Of the which specified b> the statute
appears w,h the srcch.d not
only the commitment but inc conSi non ie "oud OF p M
ls Tit ID Of chap ~ OF part s all idle
persons having visible TO MAINTAIN themselves i've
without employment are clfed 10 DC 'asrA anu a'er con
- Alms House for ter not xcesd
,ons, the Bdewel o' term net exceeding to days
By relative the of The tom non
the City of Ne"ior and The Police and Criminal Court
Of the City declared that all post
no have lawful employment whereby % atan them
selves, vagrsns aad conviction be committed not
oelder be PREF oc, such relief
CRY for exceeding months or If
an improper TO House such per.on
hall Ike the Penitenay of sain City
thai the offence made up partly OF charge
cont-oded for ty the District Attorney to ect any
part description Of the ocncs, (Which much douh)
still hore would he inupera3e difficulty in the of supporting
If should reject the words and common
above referred but ihut
prescbes punish of days only in the Penen
directs Imprisonment Of sStaon,hs-
commitment clearly void uner that Statute Oh the other had
should reject suPlas'ge The words sn idle person a. d
not hayiLr herself that would Rad
who lives without emF ment II Is eentia
y different from the words III the Statute OF lo vhien are com
mon aju employment nhertGy
herself" Now who ves without crpl ymen',
has maintain herself clearly not within this
Statute offence
correspond with the description o vagrany any statute
j. The objection OF seal is well tssen. The
ou that the commitment should be under the hand OF
magistrate and the words and seal may be rejected surplus
age.
1t necessary Of this kind to state the ev
denee facts detail the OF the witnesses although
it ndspeusaby TO be inserted in the record oil csn'
the des rbsd with certainty In the
and that tho party been convicted by person a
ing authority Tor that purpose IL East 6s So
There other objection which consider fatal 70 The
idty of this commitment
prisoner convicted vagrant the punishment
inflicted aernstve offender,
r 1t well ed that soomcnt inflicted BY the
either p hard labor for exceeding
particular period another place for the like ,ne the commit
vcton. Is9 And ID Burrows Reports ll65 Court
onary length of place. there must be adj adj
by the the and the place. and heaue
there was no ON thar pom, the conviction was
The Court said conviction vthouta Judgement Tae time
ought be lscranea the
equal verdict and Judgement But
this judgement The objection by the
Counsel for the prisonor on this ground Is well taken.
Of the proceedings tho Police Court IN tins
well other has satisfied me- that
tina, administration OF Justice inferior tribu
the substantial end of justice asd that regard 10 forms
conviction without the
which exercised with
prudence which Liable all the abuss
growing duty the of the Maeae
prejudice dislike Interested ard
ought be edulou ~Rcted by requiring strict adherence to
law been wisely provided against
abuses Til, exception the right Of trial BY Is founded
only the Of c intended rather poyte Tor
the OF the Vagsnt than and
punishment Only compel the idle and
dpated their maintenance The forms OF IL
make that Magistrate should enter IN the Record o
testimony the of the Tina,
appear when the record should be submitted for review - the
tribunal which cnnto H. whether the offence proved
stAia jurisdiction OF the gitTate and 10 provide tho
holding the Magistrate responsible for the correct discharge o! hi
duty.
We which has been remarkable for the
which administration JUSTICE and
law purely administered and raes CONFORM TO the
wtha the line of their duties and
by the uly constituted authorities
suc ,nd OF tie people induces the 5ei
that the espect III continue be pod bu If magistrates
choose themselves depart from the rules settled
their their constructions OF the
opposition sgNaey declared ard exlounded
preserts the ceDraved set
the defiance would lead the disastrous
qucDces.
The proper found ia books Of established prece