The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-03-01

ABUSES OF THE LAw.-The circumstance OF q
recent commitment to prison of respectable
member Of the bar for an alleged contempt of
court, and the presentment Of the Eldridge
street prison by Grand Jury, have drawn pub
lie attention to the nature of the offences which
are punishable in this Bastile. Although we have
q statute forbddng imprisonment for debt, yet
it remains with us in its worst and most opprss-
sive forms. The whole power of criminal law
can still be welded with impunity against any
man whatever, at the pleasure of any pettifogger
who holds brief against him. The process is
follows: Obtain an order to show cause on the
shortest notice, or make an affidavit, no matter
how untrue, of false pretencss in any business
transaction, and In ten cases out of twelve before
the defendant knows what he has to do he is
shut up in the Eldridge street prison. In the one
case . mere accidental default in appearance Will
authorize the issuing Of an attachment for con.
tempt; in the other case, it is q criminal proce-
dure and judgment in advance of any regular
trial or hearing. In both cases it is the artiiee
of sharp practitioner sanctioned by the rules OF
the Code and the fiat of an efete or juvenile
Judge, who scarcely ever reads the papers that
in these cases are thrust under his nose, and
signed almost a. matter Of course. Tn most
cases there is no contempt whatever; ii 10 mad
vertence or the mistake of some poor practition-
er who does not attend to his clients business.
In others it is the method by which some lawyers
make their living, and whs know Of no other re.
medy for their clielta
10 L. bara re nft IL. Of lau,
and the course Of trade at the present moment,
that there il now scarcely left such a thing %
the civil side of the courts Every sale Of goods
made now days, Ivy q certain class Of merchants,
10 with the expectation of making 1t sale under
false pretences, if the purchaser should fail in
meeting his engagements It is now an under
stood thing among q large class Of merchants
that they can put their debtors in prison if they
DO not pay. One single representation found to
be untrue settles the affair at once. The mer-
chant may sell chicory for coffee, sand for sugar
brandy made Of whskey, champagne of Newark
cider and rock candy; that is all fair snough-no
false pretences there; hut If an unfortunate coun-
try merchant says be 10 worth five hundred dol.
lars, and verify believes he is, his mistake pro
vides him with lodging in Eldridge street pri-
son. though he live hundred miles on. Now IL
this system is TO prevail, II should be understood
ard explained by statute. Let the seller in all
eases. II he intends to make these statements his
security, ask in writing for an account Of the
purchasers condition and property. Let IL be
sgned and witnessed, and then both parties will
know what they are about Insn, before an ar
rest and commitment sball tanpplace let hear
ing be granted before Judge or Commissioner,
in order that the defendant have IN opportunity
of disprovipg the charge. No man should be i'm
prsoned ON any civil contract until . fraud shall
be clearly proved upon him, for imprisonment and
the loss of liberty NEXT TO the loss Of life are the
greatest misfortunss which can attend IN innocent
man. In the next place should commitments take
place under this and continue under the present
mode Of procedure, place Of detention Of very
different description from that in Ehridge street
should be provided. In that miserable hole the
man who has innocently condemned the order of
q Judge 10 lodged with every other kind 81
criminal except murderer. Slavsrs, robbers Of
the mails, steslers Of checks and dcfsulting rsn-
Always sleep in the same room with him, and dine
ct the same table, provided they are able to pay
~ much for their board ~ 10 charged at the
Aston House. With the liberty Of the kitchen and
parlor ten feet square the citizen in contempt,
though . man OF the highest character, may
be thankful that he IL not shut up In cell. II
by the kindness Of The keeper he is allowed 10 90
out in the custody Of On officer, he will find his
pocket lighter by number Of dollars every time
he goes out, In the shape Of seuceus for the priv
lege These things are well known TO exist, and
they are disgrace to any civilized community;
vet they are the source and the foundation Of one
half the law business transacted by the lower class
Of attorneys in this city. IF the presentment Of the
Grand Jsry is laid before the Legislature, - We
understand il is to be, Il is 10 he hoped ssns