New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-01-03

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a. express. o. y'u- 07,a9a o1 mo saoect
The principa. G..i,r.sv in h4ilg the eNistlnS Vt,
cancies. arsss ;ron the ila1sfuacF Of 'he conpei.
sltol s-oxel AMI the limitation o. THE, Compared
vI.h The marnl-g e o. The .aoor 70 be accomplish
e The restriction O.. time imposed b. the exist
il- .aw s iatal 10 he ~cou?lshmea' Of the WORK
Ths Undertaking. " 20 70 !uce INTO written sad So
remstic code the whole boiv e. The .sw d: this
safe. : roo vas. 70 be accomplished under the
uelicncv Of sucl pressure Or 70 oe coulpleIed by
me ia5ors OF three men within Two years mere
io-. recommend III increase 81 The compensation o.
the Commissioners AMI ~ extension OF the TIME
limited Tor their continuance m Office
10 IS subject OF not unircqnelt complaint that
the due adnlais-rati1n oi pubic Justice - often in
peiei IN conseql nee OF the present mode oi EN-
pslIen- 'u-ors ~ criminal cases. All a.. The eNer
else oi ,he night o challenge by me raverser. ami
7r rhc manner ri rondDc,iaS the thai sad iciease
Trials attended with any notorictv. are spt ~
involve great consumption ~ tirne IN the scrutiny
on The jury W ecSs have been consumed IN -his
ct1rr 70 a single clusc and | an informed by one
o the Justices at the >up-cms Court that IN a
trial before Inn. upward OF 1000 persons were eN
ahmed an tru'lesS eudeavor % empcnnel jury
Understand that the Comm ss,oncrs ~ revise the
ni,,S and prscrce OF the Courts. wL subm, 20
v1gr consideration proposition intended % ohvi
arr fue q iicul-, winch has been experienced IN
r..-s particular Not having had the opportunity 70
examine the alterations winch they propose can
ult express sn opinion uDou Their suggestion but
tle subject is one of Importance. aud Will. hope.
engage Vorr early attention.
TIE experience OF those familiar with the pro
cercin-s ln 'hc Cumina. Courts. has suggested the
pro7uctv OF allowing 10 'hs prosecution I'm 'ed
number 0t percmpiov challenges sm convinced
.l.; the eads oi lsi.ce would thereby be 81
,aucei
The allowance of bills u exceptions !, believed
OBJ b. principal cause of tho delays and protracf.
a. Hnffi ...., IA.
r-o 81 Justice Prior 20 no adoption OF the r.
visei Statutes, criminal trials were reviewed by
fI' C01ri' rcscrvng The point In dispute Tor the
consideration o.. the Supreme Court ou q case
made when, o. tAo point dad not affect The m rts,
tle Court w2s AZ liberty il disregard O. pom
Bis 70. Exception. how the whole case IS ROT
seat up. bar only enough .0r . proper understand.
ing OF the single point raised ami u the ruling on
hat point be erroneous however immatera ~
mas bc t1 the mann question: oi gfIil. ar Innocence,
p new trial mIst D.. granted Tho flee; IS that
fhc Judge on Ihr trial, unwilling 10 cmbaTsss th'
case b. exceptions or 10 give tie accused the
chance 20 avoid the consequences OF verdict OF
guilty hy exceptions on points really mmatena.. Is
tempted 10 relax tlr rules oi evidence. All 70 let IA
almost any testimony which may be offered
serious defect exists e her IN our statutes 70
lqrns to summary convictions upon the charge Of
>a-raucy. or IN tho practice under those statutes
These proceedings involve a w'to departure from
dence. ami which secures To every person accused
oI su otcuse tr.al los Jury they are. therefore.
.Istlv regarded with jealousy. anil shculi ho re-
strained bv stringent rules for ths protection ct
personal liberty.
Who pubic policy undoubtedly indicates the
necessity of placing under restraint and Gisfr ma
those who .cad su idle hte. without en- loymant
snd - thout the visible means of support 1t also in
d.cates with equal certainty. the distinction which
should be observed between them and 1ha wuuuN
errr.t 4 Il -tugtl1u recognized D.. our statutes
between different individuals whom lt asses M
der the genera name OF Migrants some are ~.
c1.nl4cd ~ proper objects or the Poor House. while
0thers ara ID be committed u the common jail
But in practice II Is believed that nearly all the
commitments f1r vasrancy are 70 the County I'm
sons thus merging the distinction SO essential -
Justice aud - the moral elevation and reformation
10 the warrant RS veil 40 T. the elective punish
meut of the criminal. between poverty and crime
i.d commingIng IN common disgrace and pan
shucut those whose chief fault IS destitut.on or
perhaps disease, with those VINO have eenconVlcted
! li 2 wIltu trans -ress'OH OF tho law.
have been led to these remarks by an invest
cation made during the past year and embodied
in the Preseutmeut OF a Grand Jury, IN which It u
represented that OF 40 persons at that time con
fined in the Pcnitentary OF the City OF New York
upon the charge oi vagrancy whose commitments
had been examined, 220 were confined tor mat
ters which 30 NOT constitute vagrancy under any
description Of IT, as defined by our statutes but
because the ohense charged is poverty, sickness
or desututIon;' while OF the whole number OF 40
only three were lawfully imprisoned such a tact
calls lmperatively tor examination OF the sta
tutes under which such transactions have occurred
While It IS admittedly a primary duty oi thu
Legislature 10 enact laws for tho punishment OF
VICE il is no less It's duty 70 remove tho causes
winch frequently lead 10 the commission OF crime
The impress ions made upon the youthful mind by
IL al a Y
aud by the associations Of the family circle are
among the most active and enduring OF the IA
hueuccs which control the conduct of aitor life
Much OF the wee that called upon b dc.
plore may be traced 70 the early removal Of rs
subject from the reach of that authority and ex
ample, and from the innocent but wholesome asso-
Citations OF r home. however humble. The cause
OF morality, no less than the dictates OF humanity.
demand the preservation Of the family circle, and
the maintenance OF the family home as efficient
preveutives Of vice and sure and permanent con
irDutos 10 ludiv dual virtue and happiness. and 10
public prosperity and order
la tbs view Il becomes US 10 consider whether
the causes by which this wholesome influence is
often broken up, may Lot be removed OF lesseued
Doubtless the most frequent cause OF the DIS
membcrmcit Of families !. found IL the Pecrmary
inability Of The parent 70 maintain his household
establishment.
The humane and wise policy Of the state, many
wears siffe, PROVIDED az tAtIAlkIbA fbAl rAS'N
I0u for debt o suudry articles n favor Ui persons
bea. h0useho.dcrs The LIST Of articles thus ex
empted has at various times been cr-arsel-at all
times 10 favor o.; persons being househoiders. and
81 rs % embrace articles essential To the mainten
auce OF the household establishment, and 10 pre-
vent tue ACKNOWLEDGMENT Of families. And get the
wise policy Of the law often fails ot ~ object. aud
Oh, household IS dispersed for want OF an abode
wherein the pleasures Of an undivided family may
alone be EFT 70 sweeten the hours Of adversely.
All t0 cheer and stimulate is members m their
efforts 10 repair their m-siortunes while they re
tain their virtue
Il Is fL.s consideration which Induces iue 20 sue
-est further extension OF the present exemption
81 As 10 exempt from sale upon execution. tue
premises occupied rs q Homestead, TO a limited
value
The most exact observance OF the rights Of prop
erjy aud 0i the inyolabIlfy OF contracts should
characterize III Legislation IA a civilized govern
meut. An essential i.a ture therefore, Of any law
for THIS purpose should be rs careful and scruPa
lous avoidance u the violation Of any existing
rights Tie exemption should not extend % con
tracts made before the enactment OF the law, but
should be prospective ~ rs operation and the
Homestead should uot be exempt from debt IN
CURED tor rs purchase.
submit these as among the guards which should
attend the Exemption relying nov ever upon