New-York tribune., 1841-04-10
CASE OF RECORDER MORRIS.
Opinion Of willis Halt, Attorney General ON ihe
Legality OF the condnci of Robert IA Norrf", ne
oorder OF ,he City Of Ncw-Xork
Ar1osxny GhsnsL.s 5 Ol..-. :. Albany. Jaaaa

County. delivered
NJ particularly directed the portion oi the hase
-h Recorder de,al- h9h to- @n2n' s4Htn
public Hhh the Recorder
- the manner Of hi 'ei1jnr o",t.in rap't' N ~ W d
fcd whether the proceeding, on tho are unod 0 ~
There Is no doubt Recorder
lb G%r % .sough IN anu,u. for cItacf TO
capacity the Reoar Of any other Judge
indicted. for
that mind should b" r-occupied Win
sm no ty ,tatut" rgL,
p.'ics" ~hieh justice OF the peace mol er
the puhiic.
hoc n therefore ground e.p for chars" which
Recorder alleges h" been mad" against bim OF u'urpns al
which docs belong h, Office n"s ne ero@n9''o"
eon"'ed after Ae a<e.sfa sod bee. Committed jo iTS As
80 no acn rho otccl If tho ,,mpa,lop :. attained
-tnoEy without jurisdiction
manifest uurpaon of the aud duties he grind
The caarge o1ui-itorin equal!
funded provided conducted good faith II IN" true '"n
whether reasonable grounds I" oel's'e
Gen'UOrth guilty the imputed to hn and mono o
pertinent aud for the purpose wa allowed 'a'
magistrate did than hi duty
nten uni"r color ol 'n'es'gH'ns
on, supposed implicated called upon e's1r.'e m
d of being charged CRIMINALS and eGmpec 20 ,i & "au @
to that oi "ieht" oth h"n
clear violation Of The great rnoi 1h'1h
alui,on that man shall be hold
TO ,ccu,c himself"
npears b the Recorders the taken
h.n the mas'.ae ~ns published As 1t vas
n from day day IA the public Journal w.,n hi, sno"dae aud
% aS 1os n ~ b bSIaaS n ne pS "ns
to every accused Of crime the adv antnge OF
tao tra,. .,.,
aaou to ascertain sufficient evidence to jufs their
public and putting the accused upon Ills eo
be second i, before Jury, hs " caled
upon deny the charse, and - h"sro III MS ue' % NC
rn,ons before rnagi.rate. are The evidence is
no, s,-en for the purpose e.tabne of the
re but merely enable the to eNcroi'" proper d
cInmins,ion is rendered necessary only because the Grand
always in -",'on When IN -s'n 'h' PROOFS "'
But the evidence Grand Jury required 10
oaneec,,a.y be made public by tae masi.r"'e
to -"ee'E and not 'lo"'o 10 atfo
s before hcm IN CERTAIN cases pccihu 10
There is no positive the examinations before the
magistrates privately but their strong analogy to
before tho Grand Jury indicate very Tue
The much sar same in both 'h pa
unprincpcd ho evensefu tn" malicious M wi" o hi @
magistrates ae aud coc'enen' medium io ~ -
80, , hs gl,nncnng indeed u that mag-ate who
oaiy pa@s those oo.e sn..nd yar'e and o'
pejured ',a'ent% "efore the void in
vo,ns many powerful conspiracy to carry an
election by Of the deepest offence known 10 Inc
effect trenson asnn tho a ~ e ih
all the and ingenuity ano M @ @ niv IN.
pre.ed IA. himself to have been WIN
importance WAS an act OF unac.ouao % we're MI dis,
covered giving them An opportunity ~ |
s 70 suppre.. teiuony with the Witne'se IL may
h. that 10 this very the Grand Jury were
6nd indictment IN THIS case io a' o. % no, Tho
Recorder himself declares that It s nther inc n
uic.ous make known the evidence while any " ''
,mDic ted arc
rhs Recorder says thought TO e1am,ne the WI
separate from each Other HoN d'e @ IN @ , Who are -
testimony OF the "tnoss oi 'oaaS = '''o y 49,
Thc Interrogation extraordinary one ~h'h Would
and therefore required NiraouinaIy With net
c conducting The Recorder statc that he ~n' -
mr. from political aud that IT said 'hu' ne
publish the testimony order 10 aeat ,ns ,ba nth ,hes
Can be attributed To nero mistake IN 80 @ md com
sHnings before him M proceeded 10 'rri 'ecse No,
pla,ns his political predicted Nor 1t "onderl.
the
y, UNUSUAL calculated TO inJure the VI NO..
and prejudice the accused his ,al and -c,eosa pei
bap- unju,iy po',ea and having aPparrmS ~
peorIe bring tho eTs fato contempt ~ hcr ,bc acr
fu ehich by ard il their nature public wn'n sns
d,-provc exciting and when other a, Tor f
ssnc pending the testimony Is n" has been hea
T., do the direction oil inc our, 'A -
contcmp, undemc7nor In the a "i Si,r ,hc pTo
~ the trial contrary the order oi the Court va it
est'on IN, ; ,b c.mony Of concealed from Pa'r
-, from each onictimcs oi the uno', - w. bc.
the ~ ,docc must necessarily in rueh cas-
ln., re,ba,m and Of which advantage may DC Ian 2Is How
Undue & @ Sh9 arr he,c hen applied to the lni"
O.' ,, examinations taIcp before the committing ]
AAd "a ,n,op a ueh testimony mas been severely auia
- mon by the In the cs>e 1i i"N Va Ice, ~
is ~n "a i.tra,c, the declare their opinion 'ha, the
oublicallon OF parte evidence before 'fi'i = " W
sorl.r had not explained hl motive, for this novel pro-
,,cccdcn,cd but rplsined circumstance 10 me ' S
nad s,on NECESSARY protection OF the at'ssed
N"d toe Pne%p % b due ndnln,tralon this po'
o., and not in other 10 afch inc
no, oouec'she ''s'e OF fAIts o IN
- @s proceeding that thsy s'ish' po''3 % h x. Ip
:. - hi, duy the Recorder himself cay tnH ,;n o.
- heau,c he heard OF complaints made nSa''' ~ =.
0"' 49, crc,I, and bcnu.c public m,nd ~a' e1ei'ed' W
t and to give sn OPP Ieuni!y m tlrp
a1 deu,a!. Explanations aud deniaih oS Nhoua -. ~
49,. seoused before tju, and Dad an
h, l.~ rsake has lauaon- and arhs' @ wa. IN
~. no uraniuy be that thc fuVhCa'OA
20 reach persons ban the accused ahu pu' ,h
ss6re the great Of pubic oP'n'cl Shd II WA h
80, !, va, undoubtedly criminal act- ana h'ol..
,,c to An Indictment Another csson H's,eheu w. ,,gb,
,.,- made OF his proceeding tccrett mas !s'ke -
-, 4.,a, from accustomed and p'oPe, 'Vu,' RI.
,nraou protect h~,sV ssslns, eoa NE for ror