The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-11-25

STATUTE AND MUNICIPAL LAw-PoLrcE REforM.
&c.-A sort Of disease, it would appear, has lat
terly grown up in the public mind, " consequence
of the nefficency Of the whole code of our
Jurisprudence 10 meet the contingencies of
the times and the abuses that exist
throughout the entire framework of our local
constitution, ranging through Its various channels,
from the pardonlng power OF the Executive,
through our Court of Errors, Supreme Court, and
other branches of the judicature, until II narrows
itself down to some paltry abuse under our city
government, whether at the Tombs, police offices,
or some OF our ward courts
We have but TOO many evidences of. this con-
fused state OF things atterly presenting themselves
before the public eye, and calling forth the indg
nan condemnation OF the great bulk OF our citizens
who have regard for pubic morals, the peace and
order OF society. In our courts OF law, the force
OF public trial has become perfect mockery of
justice, that the difficulty OF procuring jury try
criminal, when the people bear in mind the IA
cility by which solemn verdict can be aside is
becoming more manifest day by day. The recent
anti-rent movement in our State-the farce that is
now playing before our eyes in one of our local
trlbunsls-the every day abuses that present them
selves In every department under the State and city
governments, demand reformation on such basis
as should render our laws and constitution such as
they have been designed for-namely, a guaranty
tor the lives and liberties OF the citizens, contain
ing just and saluary provisions for the punishment
OF offenders, and of all high crimes and INSIDE
meanors. BY the 'baillng system, how many crlmi.
nails nave escaped the penalty which the statute law
attaches to their crimes The abuse of the writ of
habeas corpus also-then the power Of appeal from
court to court-unti some techncality is fished up
BY a stupid practitioner at the bar, by which the
solemn verdict OF twelve men upon their oaths, is
set aside These matters, have all operated upon
the r:oilc mind 10 such an extent to render trial
by jury perfect farce.
The jury system in itself, is also quite detective.
Jurors will not willingly serve without pay-and
where men lose their time, and labor thus in the
public service without some remuneration, public
justice cannot be melted from the jury box with
that stern impartiaiy which should mark the So
lemn decision of twelve men upon their oaths. The
extraordinary proceedings in the case now before
the Circuit Court, Is in itself sufficient common
tary upon the whole system OF our code of laws.
The ground OF exclusion from the jury box-namely,
formation OF opinion from newspaper or public ru-
morris sort of test that is quite at variance with
the spirit OF the law and provisions under the
statute. juryman is bound to render verdict
according to the evidenee," the statute expressly
provides-not as to any previously formed "opn-
ion" from rumor or otherwise-so that there is
manifest absurdity in the ruling Of the upper courts
upon this point, and the Interpretation upon in
the present case.
In this state of things, it is to be hoped that the
convention will modify and remodel the statute law
of the State, and also that measures will be taken
to reform the city government. There is wide
field tor the exercise Of this called for change AS
our quasi guardians in the Corporation have become
SO inocculated with the mania OF partnership, the
people have to depend solely upon themselves. We
therefore trust that the most active measures will
be taken by the people 10 bring these various mat
ters before the State convention in due season, and
secure such reform as will restore public conf
dence in our tribunals of justice.