The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-03

tial unkers III congress beware lest their paltry
and selfish schemes shOuld result in the most
serious disasters to the country. Let Mr.. Pugb
| take his soundings in the manner we have in
dicated AID try his bill.
| The ADMINISTRATION OF JUsTCE.-Two of the
| most important magistrates of the city-the Re-
corder and the District Ahorney-went out of
Office with the old year, and were duly succeeded
by the persons lately elected to fill these posts
The change naturally directs attention to the
administration of criminal justice in this city
Erery one has made the remark that crime is
fast gaining upon us. Every species of crime is
on the increase, and especially those more helm
Gus varieties Of crime which involve violence
and imperil life. Arson has been for years
common offence; though, latterly. the exertions
of the Fire Marshal have rather operated to
keep it in check. Robbery with violence never
was more frequent than at present; not a day
passes but we have to record some case of sue
cessful or frustrated burglary, very frequently
attended by homicide. Offences against the
person end purity Of females have become
aishshlily common; so much so that. except in
Broadway, no prudent yong woman would
now venture out after dark without An escort
Finally, murder has so enormously developed
that at the present time we have no less than
three murderers under sentence of death, and
several more in prison waiting their trial. A
comparison between the criminal records of last
year and that of any twelvemouths prior to
ls47, would show in all probability double the
tof 4. Al A.
OF course many causes may be D.
signed for this exceedingly unfortunate symp-
tom. Many persons are inclined to lay stress
on the increase OF immigration. Others
ascribe much crime TO the influence of certain
ill;judged laws. Others discover more singular
causes still. But none deny that the prevailing
laxity with which the laws are administered
has largely contributed to foster crime. Every
one sees that murderers, robbers, and rowdies
increase because they enjoy such invariable
IMMUNITY; that when she courts do not con-
denim, when jurics do not find verdicts, when
prosecuting officers do not use energy to catch
criminals and bring them to trial, 1t IL natural
and inevitable that crime must increase, and
with astounding strides.
For this prevailing laxity and maladministra-
ton Of the criminal laws, the individual. who
have jus, gone out Of the offices Of District At
torney and Recorder are in a sensible degree
responsible. However efficient they may have
been ss politicians, there Is no question but
they have been grossly inefficient a. magis-
trates; it Is hard to say how much Of the pre-
vailing villany and appetite for crime es-
pecially among the young of city, may not be
traced to the fruits Of their ineficiency and
their unfortunate example TO their colleagues
IL IL TO b. hoped that the new men who now
ill these Offices will pursue different
course. The Recorder Is a young man. and
has name to make Mr.. sweeny, the District
Attorney will be able to devote ample time
and leisure to the duties Of bis office There Il
a fine field before them. Until Judge Russell
took his seat on the bench. with his thorough
knowledge of law and his resolute determine
ton to execute II any cost. there may be said to
have been no breakwater at all against the
swelling tide Of crime; we shall now see whether
the new officials will initiate him. and try 10
keep the city criminals in check by display Of
vigilance and wholesome severity. OF whether
they will he content to walk in the path trodden
by their predecessors.
At the same time, while much viii rest In
their power for the repression of crime we feel
abundantly satisfied that the real key TO the
maladministration Of justice in this metropolis
lies deeper than Ia the nefficicncy Of any man.
or set Of mcn. The Sudden and large deyeiope.
mcnt OF crime from which We now suffer was
cotemporaneous with that change in the consti-
tution which made the Judges elective From
the time that the Office OF Judge was made q
political one, and that Judges were elected by q
popular vote and for brief term, political con.
siderations began to sway their judgments, and
the most infamous scoundrels escaped punish
ment through their political influence. The
evil increased as it went on, until at present we
cannot count upon the conviction Of even the
most palpably guilty culprit Our Judges
many Of whom are well-mesning and conscicn-
tious men--ceascd to do their duty in many in
stances; they ceased to administer the law.
This we are satisfied, has more to do with the
prevailing growth of crime than even the in
efficiency Of the most important magistrates
Until the laws and the constitution are altered
so that the Judges shall either be appointed BY
the Governor OF elected for long term Of years,
Twelve or fifteen for instance il will be quite
futile to anticipate any radical recovery in the
administration Of criminal justice in New York.