The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-08-06


satu dccl red TO be nnisdsmeanor Il indcta lie
10 relation 70 the Law respecting the sale OF oxcang
is ncison a. made ia the Court Of Appeals in CAGE
arising under the statute rei'ng 70 he suppression OF
inenpersnce, pauEeiism ami crime" passed April y
1866 the subject II involved Ia much obscurity What
private views OF that decision may be entertained
its e effect apparent Distinguished judges diner in
opinion respecting the existing laws the subject la
these circumstances Legislative imerposton alone
provide tina, certain protection which Is demanded by
every consideration OF MORALS pecunary aud social
inere a. and even common humanity against the
cumuated evils which inevitably result from the
srcted sale Of intoxicat ng liquors. and which are now
spreading with fearful rapidly the society OF this
metropolis the gloomy pail OF poverty disease immoral
ty, cr ne, wretchedness, sorrow and death.
In my opinion the sale OF intoxicating liquors, as
beve prohibited in this city and there ID
listing lower 70 authorize such sale believe that the
PALE Of such liquors Is msdemeanor punishable by fine
and imprisonment; but 1t remains with the people. aud
with the Mayer police, anu YOU gentlemen, their ser
yants to settle the question BY putting the appropriate
tribunals In motion the subject
have mentioned ali the statutes to which the
court specially required by law 10 direct the attention OF
the Grand Jury but there other statutes and subjects
equally imi thu welfare Of this people, and 10
my own view should fail in the proper discharge Of my
official duty should om bring them your notice
The act to any existing law relative bribery
passed April TO- 1853 is avey important law in relation
TO this city II designed fr the pusL OF acts Of
officers 1t pr vdes tina, every officer Of the Cor poraon
VINO nsl accept any gut thug OF value or advantage or
any promise, o. undertaking to make furnish the
same under any agreen ent undertaking that his VOTE
opinion Judgment or ton snail be influenced thereby,
particular side OF question matter, proceed
ing then pending or which may by law be brought before
him in bis official capacity, or who shall directly indi
rectly demand, propose receive entertain
any negotiations propos itons for such gift thing Of
official vote action or influence. SMALL upon conviction
be ever dis qua ieo from holding any public office;
shall 70 felt the Office he holds, and may be punished by
imprsob in the State prison not exceeding years
by fine not exceeding five thousand dollars or BOTH
he discretion of the court.
viii also mention the statute which makes i crime
TO buy In any manner TO receive stolen property,
knowing to have been stolen. This offence is punishable
by Imprisonment In the State prison for term not
Getting five years in the county Jail not exceeding six
months or BY fine not exceeding $3.50 or by both such
The practice Of RECEIVING stolen property of the
prevailing and most perncious evils Of this city As the
system pursued, young children are decoyed into the
service OF these snameuy depYAved cowaro principles
exposee all the risks OF detection and punt nen
while the receivers themselves are comparatively safe
vazSiion and ruin the cherished hopes OF many q
humble, may be, yet, nevertheless doatng and worthy
To the subject q gambling and Of lottery policies have
several he eotor referred and have enforced my
reference with oil The arguments which has b. On in my
TO present repetition OF those arguments here
would not probably suberve any usefu purpose; they
all known 10 on gentlemen The sad consequences
which inevitably dow from the practice Of those social
! evils If you choose 10 adopt that delusve me.
scattered around you and 10 see them you need but 70
lift your eyes The responsibility for the continuance Of
| these wills does not rest on M.
Will brig TO your notice, gentlemen, the statute
entitled OF dueiog and challenging to fight" To aght
4
eI sue this State for the purpose OF GLIDING
the operations Of Thu statute Of this Stae respecting du
verbal or written, tight DUEL TO carry deliver
challenge TO be present as aid second Surgeon where
duel fought and to advise countenance or sssst at
duel feones, and the offenders are, upon convic
| ton, liable TO be punished by Imprisonment In the
state prison for terms varying from to
ten years. In day the duellsts Code OF honor
has ceased to be esteemed among gentlemen respecta
bic code; to send accept challenge or to fight duel
no longer deemed an indication Of true courage nor Of
nlUht snahG aanfhx Tha slofnr IF
state in IT. wisdom long since condemned duetng and
tsby enactmens stamped upon the impress o. legal
I~Sondcmnaton IT, gen emen you have Information that
any violation of this such
cumstances ,ecs the guilty partcipators in the
deed 10 your cognizance trust that You will take
prompt and eci nj action against them and thrs inst
ute proceedings which shall signay vindicate the Au
| Gentlemen Of the Grand Jury-Recent event, in q
sister State OF this republic present stringent incentive
20 diligence and energy in your Official acton ut this
time You cannot be OF these events OF their
| primary The news has been horalded through
cut the land, and may say throughout the world. The
lovers OF Law and orGer everywhere startled, and
all fri, nds Of country aroused to reflection
upon duties and POM OF citizens q gov
must i loo. for the projections Of life liberty and property
the history Of these events Is solemn practical ustra
ton OF the truth Of that important Lesson In political
nomy which " embraced In the words, I" Etert al vig
lance is the price OF liberty" IF frcemen desire the
protection Of wise and Just government they must at
human such such Is the fitness OF things
that like pro iuccs ike in the operations OF
L
gent peri viii pretend that the citizens OF
| might not have avoided the crisis which is now
yus that city They ihs en- ,ss moral oral
when they did rise In their defence OF their political
and personal rights they prevailed Hence Il Is clear
IL the przng and order loving citizens of the
raciGc state had beginning bestowed proper
l,n,on TO the affairs Of the government and had been
always prompt In the enforcement OF the criminal laws
against offenders Illuminating necessity thu
rising above the laws in their decncea necessity
which has for the second time stained It's hs,orywoud
| have existed.
have referred the recent events In San Francisco in
the hope that your minds ma, be more strongly infu.
enced by the reference 10 guard the peace OF
city by upholng the supremacy OF the laws which are
| enacted TO preserve rs peace
In this connection viii particularly invite your atseu-
peared In city within the past few weeks and
which has been manifested in most turbulent manner
| several occasions Gentlemen should take warn
ing IRON experience and observation. We should
| permit dangerous and disturbing element 70 become
strong and bold by Indifference to u In Us beginning
our citizens should be enabled TO feel tina, they are SO
against open covert violence at all times and In all
proper places Neither firearms eowhldes, canes nor
the functions Of the courts and officers Of law
n the adjustment Of real or fancied wrongs.
| tact that within few weeks a murder
bas been perpcraed in this city and yet trace OF the
perpetrator has been discovered The victim OF that
halowed outrage was, Ia true, occupying hum
Die place in society and business, but he the
les good and valuable citizen. The body Of the
dered bore evidence that the murderer iusi.
gated 70 do the deed by FAR baser motive than plumber
Neither can be unknown 10 you thai within the last
few weeks several assaults and batteries have been per-
pcrsted 10 midst, cvincng uncommon boldness and
oreRard Of pubic order and personal rights, unless tho
circumstances under which they originated legally justify
the attacks hope gentlemen, that proceedings ~ill be
instituted before you for the investigation OF all these
occurrences with view 10 the trial OF parties impl-
Gated and happy In assuring you that cntertsln
doubt that will investigate them, not only with
calmness, candor and patience, but with energy and
pfomptness to the end that you and and all fellow
/ citizens may have FOR respecting
institutions Of government and for rcposng alone In
/ them for the redress OF wrong.
You specially enjoned py statute OF this state
from disclosing tho fact that Indictment s found
against any person Tor felony until the defendant shall
lave been arrtst thereon: and think scandd inter
probation Of tho njunctrn DC nands that should
make disclosures OF any matter whatever which may
i be submitted for your confederation.
when you retire to the sl@rimen, appropriated 10 you
you will organize by appointing " your number
clerk whose duty will be 10 preserve minutes OF your
proceedings and OF the evidence given before you, and
10 deliver the minutes 10 the District Attorney when ti
rtctcd 10 do so by the Grand Jury.