The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1851-03-31
The vagrant Law and the Hscoroer's
NullinCatfOns

direct cause which has called forth this display OF
legal acumen and erudition. "The semi-official
character Of the Grand Jury's report, alone,
induces him to notice the public accusation brought
against him. This prudence comes little late
it would have been better for the Recorder if he
had listened to the whisperings Of this mentor a
few weeks sooner, and saved us the necessity OF
changing a light chest into a serious charge. We
have in keeping an essay the rights Of aconasn,
worthy to be bound up with this defence Of vaga-
bonds, which will be accompanied by the famous
letter +" to the resident population" But SO long
as there is no imperative necessity for its publica-
tion we reserve it among the to Do of the future
This cyttiqs.s of the Recorder is, by his own rea-
sonipr. clearly unconstitutional for it convicts him
without Jury trial of stodity in legal investi-
cations. unworthy of man occupying Judicial
office. The numerous scriptural illusions remind
one of the old play book "The devil can cite
scripture for his purpose"
While the Recorder pours out vituperation on
the foreman of the Grand Jury, apparently uncon-
scous that the act is that Of the body and the fore
man only the organ Of that body, he at the same
moment applies these choice terms to the vaga-
bonds: "Poor creatures, who have no other CAPT
tai, Qabor,) and whose only crime is in being
strangers, or in indigence.
We may we'll leave the Grand Jury to protect
itself from the anger ofthe Recorder But the Delta,
for whose egal opinions entertain the highest re
spect, has had the bodness to come to his relief
That paper attempts to maintain the proposition
| that the law is unconstitutional, and sneers at
| the puere thoughts of the Crescent.
Let us for moment examine the provisions of
the act. We publish the three sections bearing d.
| rectly on the question:
I'm set on pagadonds and sysReioas PERSONS approved
SEC /. That all persons. being able work, and hay
epg shm s
idle without following come honest occupation to procure
Roa oaa places.
abs to show what they to spbsist
.a al g s sss wRo a
FAX IA. d snd
Of the above shall upon CONVICTION BE- c"nds%ed
whom they shall be produced denounced which security
* and in , case Of @possbsy on Their part to
the said security the said asSs Of The m shall
correction be there kept to hard labor until they give the
TSa III sh Ss Wandering
abroad at night who lodge and sleep or other
hail moi be able TO give themselves and their
occupations, be avewed by all ap
pobsSs intent fsonoay to break and enier any dwelling
with any offensive weapon; with with R,Gpsos nsg
any dwelling house, clubhouse. store yard or garden with
pcous persons and those who shall be any Of above
SHALL conviction. be punished with imprisonment
either, the discretion Of justice Of The peace and
codng the gravity of the for time not exceeding
8. SIC, Ill That all persons who, being in OF the
any q hs as %
quences. who shall second offence, shall be
deemed incorgbe vagabonds, and sa upon Of
compsnt judges and according the gravity Of
the house OF and hard labor,
for time exceeding three years than months
ssps ay Of %
/ prayed for.
| This law we say is constitutional. IL does noi
deprive the accused OF trial by jury; on the con
l .ax,, 1. ,asJ,, r.sa,.,., 49,. .;hs &c ~ aloa.
uaiy, eAp'eSsy 'e'e.ses 'uae 'sh'' n0 CHOOSES
cide that the trial by urv ia criminal ea Is not
compulsory, and the defendant NAV waive il il he
chooses to do so. But even without this mportan,
| reservation, we contend that the vagrant law Of
the State is constitutional We rely, FIRST on The
constant exercise of the power in the State since
1906 and in the other States since their organiza
lion. There is not constitution which does not con
tain the guaranty of trial yjuryin criminal cases
and yet there is not State which does not author
ize magistrates to punish vagrancy SUMMARY
The Supreme Court of Maryland has, within tn
last year, thus expressed the rule of construction
The constant exercise of BY the General Assem-
~ sssy 70 YEAR, o1s 70 be ems
elusive evidence Of It's rshul possession BY that body
2 Gill, p. 4S7, Stare Dectsts, is rule which
gives certainty and uniformity to Judicial exposi
ton Of the law.
In Pennsylvania the Supreme Court recently
held the acts to be constitutional, which authorize
the commttal of infants to the house of correction