The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-09-07

IAhIiecLAnS. DSCiSioN OF JUDGE EDNONDS IN
TIE CASE OF THE HEraY CLAY-we publish to-
day some further particulars Of the horrible tragedy
at Maiden, on thu, Hudson river. It win be seen
that the hrst ha1ty telegraphic dispatches did not
exageerate tns. extent Of the calamity, but were
ra'heT peiow the truth just anticipated
long list frs the scaided has been since added to
De seven killed on the spot, among them Rev Geo.
Il. why amson, brother Of one of the owners This
is nv eed, in itself terrible retrbuton, bt some
tbiu more is due justice and the interests Of the
COMMUNITY. The engineer and captain swear that
the iron of the boiler defective, and they also
state that it was patched up affair. Does not
this very fact reflect upon the owners of the boat
But the officers admit that they have failed in
performing their part, and that they did not let off
the steam, as they ought to have done, at the
landing. The boiler was in use for two years, and
did not explode during that time. The Inference
is, that there was an extra pressure of steam upon
it at the time the explosion took place. The
Coroner and jury appear to have been very easily
satisfied, when they did not think it necessary to
examine any Of the passengers, but concluded to
acqsit the officers of the boat upon their own tes
timony. The United States authorities, however,
have the jurisdiction that they have in the
Of the Henry Clay, and it is their duty to take the
matter in hand, and afford more satisfactory in
vestgation to the public than this " crowner's
quest law" From the nature of the offence, it
mere properly belongs to the federal courts.
What are the authorities about in the case of the
Atlantic We fear that in that case justice not
only sleeps but is dead. What the authorities
about in the case of the Henry Clay They
wonderfully slow. We hope they are sure.
| We perceive that Judge Edmonds, in the Supreme
Court, has decided that the parties accused in the
case Of the Henry Clay, are not exempt from juris
dction in the State courts, in consequence of the
proceedings in the federal courts, but he has not
held the parties for the crime Of murder, but only
held them to bail for manslaughter Such is his
Interpretation of the statute. The folio wing are
the principal points in the decision =
From the views have thus stated it viii be perceived
that am by clear that the State courts have
urs dicton. If satisfied Of that the prisoners
would be entitled to their discharge But to say the
least it is matter of doubt it is my duty to ho.d
them until the question can be determined ia the pro-
There IS only one homicide known to law which b.
murder in the absence Of an intention to effect
and that is when the act psrpstra,sa BY ons
satisfied that in this was wrong though It is not
to decide that point here 1t Is enough for this
of intention to do some bodily harm and that mut
be our statute must be held to punish homi
eide perpetrated without any intention to do wrong
more severely than perpetraed by Actually
gagged in the commission OF crime or misdemeanor
not amounting To felony Under our statute the lat
is granddaughter only and il cannot be that it
treat the other murder Now in this there
is allegation of intention to do bodily harm out
On the contrary. the facts alleged negative that idea
and thus essential element 10 constitute the
of murder is wanting the prisoners ough.
be held on that charge. They ought not, however TO
be fully discharged but may properly b. hed for man.
slaughter and am inclined to think in the first degree
Whether it is mansaughtcr in tho hrst other do
Ponds questions ofinterpretaton which
do not feel myself now called upon to consider L. is
for his Lam salts fhp nrsn
are not under the statute, propIlY caageabe Sieh
the crime of murder. which is not bsiabe but with an
offence for which they may be let to bail
We hope that in this conflicting or CO. ordinate
jurisdiction Of two courts, justice will not fall TO the
ground between two stools. An example is neces-
sary for the protection of the public Lives--hun-
dIeds Of lives-have been recently sacrificed in four
ways-the only forms in which it is possible for
| them to meet death board Of steamboats-they
have been drowned, burned to death, scalded to
death, and killed by the violence Of explosion If
| the laws do not give protection to the travelling
community against this awful state of things, what
other conclusion can anybody arrive ut than that,
in this, the greatest, the freest, and most civilized
country in the world, there is not as much security
for human life under the most despotic and bar
barous Of human governments.
The great mistake made by the steamboat owners
| is in relying upon speed instead of safety. As
long as there was railroad, speed was very i'm.
portant considerations but the steamboats, are now
so far beaten in point of time by the railroad that
their true policy is to establish their reputation for
| security-otherwise the railroad will utterly ruin
| them. Formerly it was supposed that railroads
| were more hazardous than steamboats-the man
| agement Of the boats the North river proves the
| reverse. Whoever wants rapid travelling will al.
ways prefer the railroad; but there is class Of ira
veers who care far more for safety than for speed
and the true interest Of the steamboat propretor is
to consult their wishes. If the railroad should he
demonstrated to be both safer and swifter than
steamboats,, then the latter will soon be deserted
and the railroad will get all the passengers. The
proprietors of steamboats, on the North river must
therefore, turn Q leaf For their own interest,
safety must be the first consideration, and speed
must be made secondary and subordinate to that.
RowDYIsM IN THE CITY AND IT'S CAUSES Tho
newspapers continue to utter great deal of moral
ity and fustian, the progress Of rowdyism in this
city, and the causes through which it has attained
| to such malignant growth Many Of the Alder
men have been very justly blamed fer interfering
with the duties Of the police, and letting loose the
rowdies who had been arrested, fagrantc delictu
| The Mayor has issued procla nation on the SUBJ
Ject, anu the Dstr1ct Attorney mas promulgated an
important legal opinion, deciding that the Aldermen
have no right to interfere with the police in the dis
charge of their duties for the protection of peace
and good order in society.
All this, in relation to the contested question
tor authority between the Aldermen and the
police, may be perfectly right but there is one
view OF the matter, which has frequently occurred
to us rs having an important bearing on the
rise, and growth. and existence Of rowdyism,
which has been omitted entirely by all our co.
temponries in discussing this question. The
politicians of both parties-whigs and democrats
In all their primary assemblies, and in other politi-
cal meetings, most generally employ and patronize