The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-12-12

duy Aesp-rs Jsils 70 lay before tn. court
=. s.s ss,ns % n. vH sss
| detention.
rh on'y which omitted In the county courts
found WIS of'en neglected here. exncted rg,a per-
fou ,i'"n (ths dy prison aud peni,eati.y) persons
who II appeared from these CALENDARS were detained
saier tie ~xpira'i Of their terms OF imprisonment
These evils however, continued ana bin fair To aug
me' seaus the humber Il convictions was every year
Accordingly, in the latter part Of ls4s charged the
1'and jury u max. psrticu examnsttv VI sub
Ject rhey did So aud on tho sth J.nuary isto, they
made p 9" n'nent, wni h was published and
| htne tsrtina IN It's results
From thai examination IL sppssred that there we o in
priroD or conviction Tor vagrancy Tao persons.
~ hess here were l.~ful!y ,uprtsoaea "nsv 5.
| tan mrnedia dir<hstg~, 743.
| cause
| No record s Of conviction In 235 cases.
Invalid by rsason OF clerical mistakes, o.
Invalid oI detect In susNance in omt,iog to state tn
| Prtrone, .as brought before the magistrate, 279.
Invalid sc.use The offence charged poverty, sick
pess, deetitution, aud not vagrancy, go.
| o. his number entitled to an Immediate discharge
| there were ms les, aBt: ieuAles, ASP.
was sD e rassiIg question presented me- what
sheuc d. undee tie circan,s,sncess
II was my du'y h~ith to giant discharpss and
did 70 TO al who asked far Them bat that won re- n4dy
tie evil only for the m,mcnt addressed Mayor on
the subject and ut the request Of the Board Sape-v
so,s prepared ct Of forms for tho Of tue poll %
rsais'rst-s. united with Of citiz .kiag
10 mo out OF which the Ten
G'verner' bill drew that Gill; Witch vita some .nodi-
dcatiops WA passed by the Legislature
ny OBJ ct Vas 70 draw the whole peaiten'isry system
OF the city from the arena Of party potcs Oar peni-
tent,ary And prison part Of tho Aims House o.
""u ny nss"c'nsrs ueemeu IL ues, 10 ex end inc
en.r, tn he whole department l yielded and drew the
bill nc ;ordingy.
Ny effort to organise the Department on the plan
- the New York Hospi al which Is most vsu-
able public charlie ia under government OF
SET o. retired sentemen who have wealth aud
and leisure, and who managed for years with tho
mos. commemorative ddshy and to the entire satisfaction
u ,bs public.
I, Therefore proposed ten governor, TO be named In
the ID live nom each Of the existing ,artes-so I'D
r. life ard themselves to I'LL ali vacancies they
sracte, would have seea a sunicieat saarsnty
Our plan was only In pa adopted by the Legislature
others suNs u,eo aud Il was provided that vac sacis
IN the Beard Of Governors should be supplied oy
voled spsps BY the majority l. sure to be escted
H,rce Il has been suppose, thai the Ten G ,vecnor
bin has proved failure. far at least the %
formation In the prison department. They HAYS done
something towards ~ they have erected workaouse,
whce prvfes or iHcation Of psiseners,ne srsa,
remedy as u derand it. for most Of ne evil. of 90
nifenay rysem-but have not, 40 far IS can learn,
carried it out pra ;ticsiiy.
strict compliance With the requirements Of the Law
to commitment l'.ir doing 50 subjected the msgis-
To get rid Of tht Law obtained from Iesisla
ture, extraordinary In its character quite harmless
ntcrs III the city Of New York hie records Of q. en-
.ictons Of vsgs ncy.' This bill wss introduced ION
os ss d a' id ss .ss sss .
next day A. correctly engrossed, and passed the
n1 on L. ln S Of p.ss s ss:s s
IN The csoer house The isg stature evidently Thought
they were merely reqairng the magistrates 70 dls
records Of convictions, but that they already re-
quired TO co. The real effect Of VA. cnange
he form Of the record aud thu deprive all persons
vced q vsRrsncy Of all possible chance Of having their
con,c ions reversed by any other court II the igs
tate. only pleased to make ont the papers right In tho
The rule OF Law which governed them before This act
TO the course q The trials Seore rss a. COM
mon Ia The party accused must be summoned there
ms Se ssare S a% AMI o. must haze
witnesses sgsinst him all be oath agreeable TO
the Iu es Of Law and reduced to writing or at least
much a. IL necessary TO the convic on there ought to lie
rec. I'd Of It, IN which much Of the testimony must
=. ~ 70 y a, win bring ,hs offender uneer the law and
given them BY the law" Everything 70 support ,oa-
vciicn should appear the conviction itself lis
dy must be determine by what appears tue face OF
IT, not by to matters dehors oft
All this changed by the Law Of $685. and parties
Now thee pa cular. being ai,p nsed Nth ia the re-
cora by this staiute there is virtually review.
The Wit 81 hsbeas sorpus allows an examination only
Of the fornaiitie Of he record and the commitment and
II they y with the forms prescribed the convicted
vagIspt has DO remedy bat Is entirely al the mercy OF
thf committing magistrate In England whence OBJ
tanned our Law NJ TO summary conviction.," the
strctness Of the record has been In dis
peDseo wi h. but without allowing the party
vfeed IN appeal TO the Sessions, thus substituting that
conrst for She King bench 10 reyiewns this c,s- Of
cIninal cases. Blu by this Law, have virtually do
pved tho Supreme Court OF It's power Of reverse and
/ given IL nowhere else
An oger at such review !. made in the second
section, which authorizes the committing aud
OF the ten Governors Of the Aims House Jointly to dis
cha re convicted vagrant up being Ishef that the
for which he vas committed no longer exist, or
will not again occur, that justice will thereby be at
tanned the interest Of the vsgrant b. promoted and the
| public ed against future misbehAvior
| do not know how this Law operate. nov hsre, for
The pAroouing poser thereby conferred has been ex
tIcea 10 he
But 1t no whore provides Tor whst ought to bs pre-
sss as s ., essy the
had occasion before LEFT the berch, to examine the
question u the consitutiopaity Il that act in tne
delivery Of my opinion stated the fact that the
lifting magistrates sometimes made their records and
commi'meIts Informal and Invalid purpose. Tha,
Of the police si-fra,es who com planned OF What had
ssto asked him II Il was cot trues lie acknowledged
had not tine, amid the pressure OF Business
upon them to examine the Of this kind that
Invalid thsy gave the party an opportunity Of getting
cut habeAs corpus, when otherwise he would hsve no
| recres-
Nearly two years have nov elapsed since have had
/ nv attention directed TO this subject, and rpeik
re Of what occurred before 1t Of January, 1854 than
| since.
But the importance Of the subjsc. be determined
from the fact, that ten years ago the commitments in
us si,y, 10 one ger. sis we're
! Toriu,oxicaiien (Which then punishable only
lie nunscr has, doubtless, increased since then.
have pot y docpmeo at hand to reier to, In order 20
ascerttn the exact amount Of such increase
/ sTArsnls oF mE Cry rEs YrAns.
| Gonttgi0ns.
In Courts Of Record 1sai e37
L no 60 1905 JJ'
Increase larger than whole number in any other county
! In Sresai SessionF;-
Ter suit and battery, and petit lsoeny-1sA 00i
| 10. DO. DO. 1854. .i.lW
I.cYease over third Observation-Disclosures. ,0o
Inereae larger than whole number any other county.
1 Number of Ia gctInsyft f,upf--tpU. 500
10. Go, 1854. 4s7
Tncfesse one-quaTter %
ihs inc h iargsr than the whole number in
county IN the state ,eyt
Numtor Of arrest in ono year, from Nay, 1850 TO
| Is4T .....,.. ................... 2tss7
In she year bl,T4
L