The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-06-19
Court ar conceal Sessions.

NEEDY.
The Grand Jury finished their labors for the June
on Monday and asked to be discharged Beiore granting
tue request Judge Capron addressed the jury in some
general remarks upon the subject Of crime our city
and the which should be adopted to prcvcnt it.
He spoke substantially as follows
GFNIiRMES-T congratulate you the early terinina-
ton OF your responsible duties Grand Jurors.
also happy in the ability to inform you that calendar
Of untred causes IL reduced unusually low
figure, all the indictments having been tried excepting
those IN which the accused parties at large OH bail.
barely indeed, this statement be r,hfully male
tho close OF tho terms OF this This tho
business to which have referred in this
court and important TO the public interests of this
city Is attributable principally 10 tho energy and
Of the public prosecutor and his officers. The subject
which, in your presentment Is brought 10 the attention
Of those officers Of much Importance the reputa
ton oil this city and to the cause OF common humanity,
and will doubtless receive prompt and eectual nttcn
ton II would afford mo pleasure, gentlemen il could
you that the favorable condition Of criminal
calendar true index of tho prevalence of crime in
city but candor cOmpes To acknowledge that the cir
cunsance aiordS reliable criterion the subject.
The experience succeeding day and tho columns
Of every daily JOURNAL servo but TO confirm tho opinion
that crime l. increasing in frequency and afro
city check has been given To open public
gambling, bu. gambling. in covert way, is, as !
designated localities. Dealers in lottery policies
pk nty in this city AS pigeons in tho forests Burglars,
thieves, incendaries. wrJurers, robbers, assassins
surcrs cheats mock auctonccrs, extortoners, and
keepers OF disordery hoes and OF brohcls, conn
ualy busy with their deeds fraud, violence darkness
death Intoxicating liquors illegally sold
rs many as ten thousand places in this city and in not
few OF those places these sales arc made on all days of
tho week Gentlemen you inform why these
things sor At previous term Of this court,
tac to lay before Grand Jury my own reply " this in
tcrrogaory, and with your permission will hero repeat
H. wls not then, am now, induced to introduce
hi. subject because deemed il TO be peculiarly appro,
prate 10 the OCCASION but because 1t is of very great
importance, and desired to bring it before fellow
citizens, in the hope that they would carefully cxsmnoit
and DO enabled to mpute blame " tho proper parties
Tho idea which Hlen and which now would combat Is
ono very prevalent in this city but as think, very dis
astrously erroneous refer TO tho opinion advanced By
several Of tho respectable public journals Of the city that
tho and officers OF the law alone TO look after
and punish offenders against tho criminal laws No idea
DO unsound | say this respectfully. Il
70 10 forgotten by those who entertain this sentiment
that under our system the people govern, practically
Judges, District Attorney, police justices, Mayor
and policemen are bat instruments to DO put in
motion BY tho people for their protection by tho punish
ncnt Of crime. Public officers have, Is true
ectvo duties with tho performance of which they
charged by law and which they should execute without
policemen enumerated in the statute relating TO the
Police Department. Of this city, passed April 49, 1853 sec
Of breaches Of tho laws tho proper authorities
far rs such breaches come under tho observation Of
policemen, and it is not reasonable to expect that those
officers knowledge Of every nfracton OF the
criminal laws which DO perpetrated in population
OF 900 inhabitants. The truth is these officers
but Instruments tho hands Of citizens, put
in motion by citizens II citizen knows is informed
of tho preparation of crime, it is tho duty Of that
citizen to make complaint before tho proper tribunal and
thus set tho machinery OF government in motion
Having done that act Of duty the officers Of the law
fail in tho prompt and faithful execution Of their pewcrs
then but not until then has the citizen just Of
complaint. Tho true reason, therefore, why crime
is increasing in frequency is, that the citizens
nattcntve to the subject The courts open, the
officers OF tho law are ready, and almost every
citizen il cognizant of violations Of criminal law
YET complaints are very unirequentiy lodged against
offenders Perhaps may say, complaints never made
by private citizens, excepting in cases in which the Of
fence perpetraed against themselves or their property
Owing principally to this inaction, very little check Is
given the commission Of crime, offenders seldom
punished and thus crimes and offenders encouraged
and multiplied When our fellow citizens shall take diff.
frent views OF duty this subject when they shall re-
gard money making less and public order more when
they shall discover that their truo interest morally So
caly pecuniariy and politically will be promoted in
proportion to tho dimnuon OF crime, and that
crime will decrease in the ratio Of their personal at
zant then, and only then will they fully enjoy the egiti
mate results OF just government security of person, cha
rcronced crisis which should BIO warning to this
tropo The lovers Of law aud order in the Pacific Stats
and know there arc many such-have, for the second
time been driven 70 rise e. nasse and come TO the do
cnco OF the law against tho Vaccinations and tho ope
defiance OF swsrms Of gamblers, assassins and other
desperadoes But how did this fearful necessity arie
Having been once in that country, feel compe
tent to answer this question. Tho Law abidins
portion OF the people wholly intent their mcr-
chandisc and wholly ncglcctfu Of government Not in
tending to mako California their permanent home, the
attended only to matters Of money. The governmcn
abandoned to tho management or tho worthless an
vile As natural consequence OF this inattenton of tn
better portion OF tho community the public offices wer
laws were permitted to 60 ''unwhipped u justice;''
crime increased and ransgrssors waxed bold and reck
less. After time neither property human life
safe at MONDAY and tho people were driven by
desperation TO rs0 above tho forms OF law for their
protection against tho consequences of their criminal
neglect Of plain political duties What other result could
have been reasonably expected from such causeS have
made this alsion to the recent demonstration in San
Francisco because affords practical proof OF tho truth Of
my proposition namely that tho only ecctual guarantee
public order and OF tho security Of personal rights tho
prompt and certain punishment OF crime and that
such prompt and certain action, citizens should
take caro- that overy serious nfraction OF tho laws
il brought tho notice OF the proper authorities,
and not only brought TO notice but prosecuted.
will not be pretended that tho citizens Of San Francisco
might not have avoided tho crisis which has occurred
Ihoy possessed tho physical well tho moral power
have dono This il proved by tho fact that when
thoy did rise in their might, they prevailed Now, sup
osng they had in times past bestowed proper attention
public affairs and had fr0wned upon crime Whenever
was brought To their knowledge and employed but
fraction Of time In tho commcndabe business of putting In
the courts Of law against Offenders il is no clear
to have folowcdr These considerations, gentlemen have
appeared to DO not unworthy OF your consideration,
after shall have separated and you shall have gone
hence 70 mnge with your fellow citizens II these few
remarks shall tend in degree to direct your attention
tho OF crime and tho remedy, shall be amply
rewarded for my effort, and In any event shall
feel the consciousness Of having in this thing
desvored 10 do my duty, and that reflection is 70
OF value than your appreciation. With tho thanks
Of the Court gentlemen for your respectful attention,
On this OCCASION and for your services grand jurors