The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-08
NEW YORK HERALD, FRIDAY, MAY 8, lss7.-rR1PLE SHEET


ByaisdsusnastratiOn Of Justice.
serersl a The Pssiej ouroals are engaged IN cri-
,cising tie aoaih,suaticu Of justice Ia tie UGited
Stats q, from sbe text OF Ccfcner CoGrery's wisti-
caems ON the Bu'deil ioquest, end the exsrsordi-
nery oopduct Of Me- Counsellor Busted in the
Fterch ,x'raditiou case. Some Of these journals
ere merry at our expense, and some are intig-
nunt st what they consider degradation OF JUS.
tee.
We give the most eerioas Of these extracts
frsm tie Ccnst;txtonne, the leading paper Of
Parle-in al other column, atd we invite general
attention to 1t. Our readers Deed not be inforn,-
I'd that we hsve the beet body Of laws ia the
world the freest, as being the emanatioa from
The dec sions of frte coorts for period Of centu-
riee ard net the mere die UNI OF desp0t, like
Juetinisn's or Nepoleon's code aid the best, be-
Cause Che most frqu' atty altered and adjusted
to SOFT tie growing pecessides Of civilization.
Yet there js TO doubt that with this great advsn-
taee On our el0e to start with, we must yield to
the Preach IN the administration of justice. We
do not pefform the work az ttey DO. We have
met III the bar who should be poughing fields or
blAcf:ng boots, ebd whose unfitnees for their DO
sitcn leads 10 ungrace full seems; We elect men to
Office VITO are not capable Of performing any do
tiee; We insist en- delegatiog the choice Of every
judicial officer TO the people.
The popularity, par e1cs'esce, Of the sdninis-
trson Of justice in this country is that justice is
not acminist red at all. That criminals escape !;
ttat men openly guilty Of all kinds Of crimes are
not punished that tho law declares one thing
and the facts another that no amount Of EVIL
derce, 10 degree Of certainty, co appalling hor-
ror at the Offsnce committed suffice to ensure the
due conviction Of q crimiosL This, we will take
leave to inform our French rympathizers, Is a
fact far more important and grave than any con-
duct whateoever Of obscure individuals
1t Is growing more and more uncertain every
year whether criminals can be convicted under
any circumstances District Attorneys have
learned discretion from experience, and no
amount Of evidence will induce them now to
predict, with any confidence, the conviction Of .
culprit They distrust Witnesses and judges, and
above all juries; distrust them so utterly that If
they could make the juries ocular witnesses Of a
murder they would not still expect confidently a
verdict. They would still foresee that crotchets
might impede the conviction Of some juryman,
and that, as 20 often happens, q disagreement
might prevent q verdict.
We have laws against murder rs against other
crimes; but life Is taken away constantly, and no
one ever suffers Mr.. Herbert, member Of
Copgrss, kills waiter; Mr. Lee shoots q man
who visits him in his Office; man kills his wfe's
frie1d at Boston; Polly Bodine commits homl-
eide; Baker shoots Poole; Graham kills Loring;
on every eide, North, Socth. East and West, men
kill their fellows, and no one ever pays tho
penalty which the law has pronounced against
the crime OF murder. Among the cases we have
mentioned the only one In which verdict was
obtained ended in few weeks imprisonment
Only. The inference which il drawn from the re-
co,ds of our criminal courte is that the written In
Junction of tho Law against murder Is merely COM
minatory, and that the homicide, in the
United States, equally goes unwhipt Of justice.
Years ago. Monsieur de Tocqueville noticed the
growing tendency toward laxity In the admin
ittrstion Of justice In this country; events have
justified bis warning, and the state Of things
which he pictured ~ friehtful and possible con-
tingcncy has actually come upon US Az gene
raj rule, II Is not, practically. crime TO take
away life In the United States.
The courts do not punish, as the police DO not
prevent murder. Every mans life among ia de-
ponds on the chance of bis falling in with good
company. If he does not, he must protect him
self A quick eye, sure hand, pretty reck-
lees finger on the trigger Of al ever ready and re-
Liable revolver are the only safeguards against
the sseassin in these days and In this country.
If man csn make sure Of these, and II he can re-
y upon a wall TO get bis back against, 60 as to
be attacked in front, he may possibly 20 through
life in safety, md reach respectable old age; IL
be has not these advantages. he must trust to
chance and fate. The local authorities OF tce
city viii not protect him; and no knows every
one knows, ttat no terror Of punishment will dis
arm the hard that Is rrised 70 stab him. The or
deal which, in tome countries, operates to quell
the bad mans boldness and cripple the murder
ers srm; the trial with liz stem iuexorable for
malities. and superhuman sftings Of the human
bcsrt; the eequel- prison and years OF solitary
mlseIy. or the mora wholesome solution Of the
natter by the hangmsn's drop: these are terrors
unknown TO the wicked here, for they are taught
by daily experience, that no matter what crimes
they may commit and however clearly they may
be brought home TO them II will be next TO I'm
possible to find jury to convict and q judge to
sentence them according 10 the Law.
---
The New PRE-IAYISo Police FLaYISG
TRUMps.-The new Police Commissioners, in the
very Outset, are playing their best trumps Their
appointment OF Judge Whiting, late Of the So
prone Bench, a. head policeman, ia grand move,
IA Al. 4 Of sIo n s,,