The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1850-07-18

The STATE w. WILsoN-Habeas CorDus.-
Wilson, being imprisoned, obtained writ of 6abeas
corpus, and had hearing before Judge Larue on
Tuesday: On yesterday morning the Judge rem
dered decision.
He said he had intended to give a written opini0t.
hut other engagements had prevented his doing go
lie should now give bis opinions orally and here
after spread them on the record.
The commitment had been assailed on four points.
me flrst was the uncOnsiitutonalily the act I'M
der which he was imprisoned II was that of 1916,
known as the vsgrant Act He here read the
fourth section, which is in these words:
SEC; Be further enacted That all persons being able
oro aaa 1Sxc WHINE n05 nor
de those Who haUdosy grog shops o. gaming
hours of the night, who unable 70 show
what resources they possess OF unable 70 produce cedabe
in outhopses mske places sheds barns the open
& any & nps s e sys Ia
person; al persons anprehended with other
dwelling house, or other house, or with any often
sye with probable intent sonousy to assault any
house, 5 Or garden win probable intent steal
up the consequences, shall be deemed Ysgrants
OTIS consiitutionality the Court had no doubt
In this country, every man able to work, can make
a livelihood. II is crime for man able to work
to lead the life of idleness denounced by the statute
Iuleness, when work can be obtained, Is an offence
against society No man has right 10 eat the
bread of ideness. 1t is against the order Of So
cieiy and good morals, because without means, or
employment, be live without encroaching on
the rights Of others Idleness is the fruitful paTent
OF crime. A man who leads an idle lfe being able
to work." must inevitably commit crime. The
Court did not doubt the moral or legal right of So
ciety to protect itself against the drones Who wish
to live without labor
The only doubt is to the mode in which the
law has been administered. The Court does not
believe the accused waive the right to trial by
jury. The practice for the Recorder TO commit
Migrants without trial by jury to the work house.
was contrary to the constitution But that they
were to be tried in the ordinary course of criminal
law, on indictment or in private and by jury was
a self evident proposition The second point, was
that bail was excessive and that the petitioner was
not vagrant.
When Recorder after hearing the evidence, had
fixed the bail, this Court would not interfere with it
except to raise it. As to the last clause, that was
the question Of fact to be tried by jury.
The third point was the alledged informaity in
the commitment No informalty was pointed out
in the petition, had the counsel shown any on
the trial
The fourth was, that no crime was charged to
have been committed. The commitment is in
these words;
Stands charged on oath of John Roach that
he arrested prisoner at halfpast nine O'Clock, on
the Levee within the limits Of the city and parish
Of Orleans, a vagrant following no honest occu.
patton to gain livelihood against the peace and
dignity of the State"
The Court Of the opinion that this did not
set forth the offence but only that he was arrested
as vagrant and on this technical mistake oil Re
corder Caldwell the prisoner was released