The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-05-04

II
into the Assembly by member from this city, and
advocated with great zeal providing per diem al
lowance for sitting jurors IN this city and county,
corresponding with the snmauthorlzed to be paid IN
| other counties The bill passed that house by vote
f92 10 2 and was sent TO the Senate, when remon-
STRANGE against It's passage was transmitted by the
1 Common Council. and the senators from this city
never called II up for consideration. IL ~ thus that
the legislation for the benefit OF the city Is made TO
correspond with the wishes OF the Corporation. IN
stead OF carrying out the interest and wishes OF inc
people al large. II is well settled principle IN al
Just governments that the time and services o citl-
/ zens shall not be devoted 10 public purposes without
an adequate remuneration. ii, therefore, II Is IN
consistent with the spirit of free institutions to
command and control the services OF citizens orpub-
lie purposes, without compensation, and inilct pen
alties for refusal to obey the mandates OF the
| Court, how much more unjust should II be deemed
to summon jurors TO decide In civil cases. in which
they have immediate interest, and sacrifice their
time and comfort in adjudcating the various cases
Of litigation, which constantly arise between citizen
and citizen In this great commerclac city 1t Is more.
over grlevous burden for the poor mechanic and
labonng man. whose Interests, and whose family
must necessarily suffer, while he rs gratuitously
| serving Juror throughout whole term. BY al
lowing dollar day for the actual service of each
Juror, other counties of the State. and other
States Of the Union and the Jury deciding by their
verdict whether the county, the plaintiff defend
| ant shall pay the jury fee, some inducement will
ensi tor many exempts to consent TO serve and the
tendance, and no juryman will be required to serve
longer than single week in each term besides the
adoption of this principle would materially tend to
abrldge the number of vexatous andfrlvolous COM
plants
The revised statutes fullyrcguate and define the
| duties imposed upon clergymen, and others in
authority, in carrying into. effect the civil and
| religious ceremony Of marriage. 1t Is made
mlsdemeanor by law, and punishable by
fine and imprisonment, to marry persons
under age; or parties under any legal impedl-
l men, an idiot or lunatlc. Ministers OF religion
are required to know the names of the parties, and
! their place of residence; they required to have
! two aesng witnesses, and to know the names and
residence of those witnesses; also to keep register
in all cases; to give certificates, and the identity of
| the parties must be clearly established and proved
to the satisfaction of the clergyman or magistrate
regreto say. gentlemen of the grand inquest, that
these Just requirements are very imperectly carried
| utby many authorised to perform this ceremony
In the course of trials in this Court for bigamy, it
has appeared in evidence, that the clergyman had
l adopted few, if any, of the precautions required by
the revised statutes; that he neither knew the names
4 ct the parties, nor their identity; that he had
witnesses. and gave no certificates. The conse-
quences of this illegal course, this loose and demo-
| rillZng manner OF performing most important civil
| and religious ceremony, have already proved fatal
to the peace and happiness of families. Males and
females OF tender years, without the knowledge
| of their parents and friends, contracting hasty
and romantic attachments, have found cer-
gymen and magistrates willing to unite them
in the bonds of holy wedlock, without the
restrictions pointed out by law. and have thus ruined
During the March term. spectacle was presented
to this Court, fully confirming these views. boy
was brought out from of the cells of the prison
| charged by his wife with having abandoned her.
when it was clearly apparent that he was incapable
of maintaining himself, of understanding the deep
obligations, and duties of the marriage state
! and who had evidently been persuaded by interest
ed parties, to place himself in that predicament.
| Great excitement has recently prevailed in this
city, extending even to breach Of the peace in re-
lation to removing the remains Of persons inferred
IN, al the rrcf hell had
legal if not equitable right to dispose of the ground
leaving the friends of the dead to remove their bones
or throwing them promiscuously in boxes for inter
ment IN any other place. The subject is calcu-
lated to awaken very general spirit of discomfort
/ and opposition, which has already led TO public
| meetings, and is producing settled and de-
termned resistance in several directions. His
tory does ample justice to the ancients, who
| raised magnificent pyramids and obeisks, in
honor of their dead, so substantial and enduring,
that thousands OF years have elapsed, and they still
barbarous ages called, find in these enlight-
ened times, of congregations selling their burial
grounds and desecrating their grave yards, budding
together the bones of their ancestors without dis
/ tincton of age sex, in order to procure large
| sum Of money from those who lay the foundation
of their warehouses the vaults and graves of their
brethren and friends.
The equitable and moral right to pursue this
| course may well be doubted; the public mind is
much exasperated on this subject, and the practice
should be discontinued by law. 4
The condition of the public burying grounds for
the reception of the poor are insecure that they
are accessible to those who make business OF sell
ling bodies to the anatomsts As the city possesses
large tracts of ground the island it is the duty of
the public authorities to select several ample squares
in good positions, properly secured by stone walls
and well guarded as burial places for the poor, and
| | trust gentlemen that your attention will be hui
namely directed tothis subject as part OF your pub
4 lie duties.
1t is understood that abolition convention is TO
be held IN this city during the present month, and it
has been avowed in the official Gazette attachedto
the interest of the delegates about 10 assemble that
| the question of repeating the Union between the
North and the South, will be openly discussed on
that occasion. This has been in part contradicted,
but coupled with declaration that no violence shall
prevent the discharge of their duty 1t is possible
that the objects and intentions of this convention
may have been msrepresented, for it is difficult
believe, that even fanaticlsm carried to its fullest
extent could have the boldness to breach doctrines
of the most reasonable import in the midst of pop
| ulaion devotedly attached to the Union of the
States. The people have an undoubted right to as
sembe and discuss any question connected with the
maintenance of their own rights, and the preserva-
ton Of our free institutions but Is unreasonable to
suppose that in any attempt TO carry out the objects
! of this lmeeting, however ostensibly humane they
may be, that such convention will be permitted TO
suggest much less discuss project embracing dis
solution of happy form OF COVE .nmen Should the
| experiment however be made, which would evident
ly tend TO disastrous breach of the public peace
il will be your duty TO present the agltators, and
diet every person whose active agency may lead to
such results and this Court by the rigid enforcement
of the laws, will convince any body of men, making
this city the theatre of their deliberations that their
objects and intentions must be strictly legal ration
| al and justfablc.
1t specularly gratifying gentlemen of the Grand
Inquest, to behold citizens of all political and reli-
gious denominations assembled together as You
| now are, and cooperating with harmony and unan-
unity, to vndicatc the laws, preserve the public
peace, and protect the public:weal. How desirable
it would be, to the good feelings the same
absence OF all political anmosity of irritating and
partizan feeling, extending itself to and influencing
/ the councils of the State and nation; to see a
should ever bind citizen to citizen. sustaining
public faith, defending national honor, ntrodu-
cling tranquility, harmony, and concert in action,
among the representatives of the people, sustaining
| the government in the conscientious discharge Of