The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-08

Jour nes-y on accountable 10 any one,
Of your body By act OF The LegsiaSfe
passed April II 1855, Qaws Of 1885, GA, Sc 81 was
provided that the Court Of Special Sessions IN ths c and
eounty, should have power hear, determine ana punish
according hw al complaints for misdemcaoOrs, and
should pOscss conclusive jurisdiction there0f, unless II
Court Of General Sessions Of the Peace and unless
the accused when arrested and brougN before The
comnnrns m.ssrats sn9Sia sse:' 70 Savs ms case
and by h<t act the duty q the magistrate,
upon arrest, 90 nor the accused q the povsons Of
Ties section have lad stsentos drswa 70 this provi
recently ssd examined With very great care,
AID must confess xa presents very serious diculues
70 nv mind ather reading tho conclusion that Is
unconstitutional. this provision means anything II
hat all 0plants for msdemesnor must originate
tho police ofoc for The ursaicon OF the Specis SEES
sons made depend upon the omiss ION Of tie accused
while before the magistrate 10 elect 20 be
the Gese al Sessions and after the Special
cline favor General Sessions by ordering the
complaint there. In this city and county the
Cour, of Special sessions neither acts with
elusive eh oogniaance of al misdemeanors, puts
the accused upon risl without an indictment, and with
TRIAL by bis peers, the Court (ncw under the pro-
charter of April IA, 1857 posed OF two
Police Justices being the judges OF the h and the fact.
We have already that the fundamental law Of
General ssaie government provides that person
shall be held 70 for capital or other imam
crime except in certain specified cases) unless ON pre-
sentrnert Indictment Of Grand Jury. Az many mis-
involve ral tsrptude, and Infamous In
their character, all such trial by the Court OF Spe
would be plainly ranted by this provision of the
foedamt nis law. 1t is ako declared IN the same law that
SL,a BY Jury in al cases in wnicn uv,o,t mas been
ever. But a. jury trial may be waived
by the parties all civil cases In the manner to be pre-
seribtd BY law. Does not This take away from the Le
satuIe the right 10 lcRslAe upon the subject OF jury trial
all, tar do away Nth IL, with without the
neni parties Affected unless civil cases, distinct
~ specified Parties cannot consent away unessin civil
The ips tuition shall remain nviolae-he consent
OF the ACCUSED cannot coLftr jurisdiction against the ex
lfinl hia
and before the adoption OF present State constitutions
the Court Of Special In this city and county had
jurisdiction Of petit larceny and assault and battery not
committed rio.ouy where the accused when nrst arrest
taken before magistrate demanded trial before
for twenty hours for want OF bail to answer
the Court Of General Sessions. Notwiths.and
ing this, at the time OF pronouncing sentence 10 the
Special Sessions the accused he had not demanded trial
In thai Court could annu the conviction by appealing
the the Court Of General Sessions which aer Court
proceeded BY inoctmen and though the S,ecal SEES
lions had mad ur sdcon Toe act Of 1855 not only
extends the jurisdiction the Special Sessions TO all cases
OF nisdemesnor. but gves that Court coecive COM
pusory jurisdiction the accused In those cases.
up bis de be tried In that Court but upon hit
eloci,ng be tined ia another Oour-he General Ses
sions this Al permits An accused party 70 consent 70
tried without indctment-n 1t ioterfsres with trial
by jury, with his consent, when the fund smenta
should mAin invioste forever under any pre'ence-
II Is difficult 70 see how 1t can be upheld Under
my present convictions. which NAV be somsShat
different from those l have previously Expressed,
scarcely believe that this nterferes With the previous
rights Of this Court AMI its Grand Jury In relation 70 mis-
DEF ana the Grand Jury originate plants
for felony do not see why they orig them
nisdemeanors bad occasion at the last May term Of
ibis Court the Grand Jury upon the decrease
OF in city, and also ~ vind cate police force
from the charge Of becency which has been Of ate
frequently brought against ii ID be feared, not In
alter the vie then expressed although
regret that there should be difference OF opinion be
in relation 70 these matters Ono thing Is Ger
tain il the community are Living in the Awess state
rsrres. n.ea rules our 'ne Ses
Of HIS thkn human life, liberty and property are not
secureh the felon no longer courts bis consenial es
meni but comes out into the open days - COM
nit his crme-n all around US 10 the hotbsd Of vlco-f
this great metropolis has become another Sodom Go
morn as-n elections have been changed into
pressions Of the will Of those who rule By physical might
vioen,en The law loving and the law abiding eector
longer any voice in them-H those xho should be
The of public order and public morality are
found hnked with the offenders against both the
Of The criminal law has been palsied, is warrants
eated As waste paper urmeaping words
II In every direction we behed the departments OF 20
verpment overturned, disorder ubaAt and anarchy hrm
ly seated upon It's tbrone-ths Court with It's Judges,
Grand Jures and prosecuting officers, must come 10 Tor
and bear Its .hare sofon Of the blame 50 FAR as
thote who are oonne;ted Win inferior tribunals are con-
cerned things may be al yugh know OF nothing
warraptng In changing them with neglect OF in
difference TO their duty But In this Court, and with u
powers and officers II these things 50, must be
guilty OF the repre- hensibe supipenees In dis
erDg them; else we know Of them, wink at then,
tolerate toem, and DO not discharge cur obligations
TO ne oommuniv kn)~iDg It's uniruih | could not
ne Court or any one connected with H. Al
OF the parties charged with riosg aud violence at the
las election In city was brought 10 trial Ee had
been o. ee 1 % on
that well other Acroups. AL the testimony the
prosecution soul adduce was brought forward the DIS
trict Attorney managed the trial with his usual fairness
and ability the defendant proved by the most relsble
evidence that be at the time n alleged
occurrence that be bad no part In Il 10 any way; the
VARY pvo<e cuto
bad; ana the jury, -ithoui leaving their seats, rem
dered verdict OF acquiuaL Ano.her party charged
trial. The evidence len u very doubtful whe
any vi, lunce had been used-whether hls act
Jury copvaed Of simple misdemeanor, and the Court
imposed severe hne imply because Of t1e occurrence
having taken place Oh election day 50 hight dd the case
strike the Court being, that, happening at another
time, nominal pune hoent YOU'D have been all
that would have been infected These Instances
mentioned shOS that much Of what Ia ssd 10
relation The state OF society 10 city, and wnicb has
the effect Of heating the public mind, stxe a. OF
placing Ne IN an unepvabe Hgnt before otner commun
ucs opl without shadow Of foundation, but that
putting upon this Court 10 the delay aad preu
dice OF paser uiie, large amount Of business ~ frvo
lous o be almost beneath ~ dignity, and which could
well, and better, be dsposed 0; By an Jther and
Inferior t4bupsi In relation TO the Distractions
IN police force ~hlch have existed for time
the anomalous exhibition Of sys,, being opera
ton and the same tine, and the alarming conse
queues legged 10 have been produced 70 the p1ohc tran
quill thereby, i proper shouts address asv words
you. BY Get ~ or Legislature, passed May !,
1si4. QAss lsat, Ise) system Of police created
for thr ciiy which in 10 features, directed
take eject the Mayor and Common Council Of
city should by trdsspoe for that pu pose adod
COO, of ibis rdlraDcs .a o., cted IN Be ded 10 the o.
dee Of the Secretary Of ate, and also IN TIE once Of toe
County Clerk dsys before the shos take eject Il
expressly provided that rothrs in toe act should be
Construed requiring the Mayor ara Co nmoo Council
adopt The act adopted 10 the mode de-isnaed, and
from At Tune with various changes sDd amendments 10
and u 10 de'as made. ss ocrpion demanded exped
obcy tugEe ted remained IN active aud succes fol opera
ton u claimed 10 have bee gu ,erse4ed By las
by the Legislature, Apr 10, 1851, creating Tae
Metropolitan Police District Of The raste ~ Ner YWk"
THIS by forming the COUNTIES Of Nes YVk-
KDss, werhsster and Richmond, into pollce distrci,
under he Of Eve I'M miss oners, he app tinted
Dy the Governor and Senate With the p5vtrs
enjnbec by thst ar. 0sDg To the peculiar In
whch thai psssed, The MAJ or sud Common CouD
c OF city, NOD having been consned advised with
In relation TO H-,beir wishes seemingly not hav-
ing been at all cared for-owlng, also, 10 the
u,usl &C ion Of the hgislaure In blen ling q
number Of counties tosether for purposes properly
matters Of ocsl concern, and the result which Inevitably
fused from rhst of centrslzus porer and patronage,
sben sie coDst tuition believed n Indicate the