The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-10-05
License 60 Murder IN New York.


License 90 Murder IN New York.
In his address to the Grand Jury at the open
ing of the Court of Oyer and Terminer, Judge
Ingraham offers some judicious and instructive
comments on the act passed last winter by the
Legislature Of this State 80 altering the law re-
lsting to capital punishment as almost to rem
der an execution for murder "impracticable."
One of the republican journals Of this city ma
turally defends the offspring Of Its party, and
assails Judge Ingraham for presuming to COM
ment upon it, the province of Judge being
forsooth to interpret and administer laws, and
not to animadvert upon them.
The law in question, however, seems to bid
defiance either to judicial Interpretation or ad-
ministra,ion. To say that Judge Is not to
comment upon law, and particularly such
law as this, Is novel doctrine, and about as
absurd as to say that II is the business Of ply
stefan to administer dangerous medicine and
not to comment upon It's effects. judge
has not the right to offer an opinion about the
effect of Q statute, we should like TO know who
has. 1t Is peculiarly the province Of the judges,
who are supposed to know the laws, to point
out the bearing of any new criminal statute,
In order that the people may fully understand
Its operation and determine whether II
ought to be retained or repealed. II there
is any bunglipg in a new law which renders IL
self contradictory, or makes II conflict with
other laws, II Ia undoubtedly the duty Of .
Judge who ID called upon to administer 1t TO
point out the error, that It may be rectined BY
the next Legislature. The attack on Judge
Ingraham d, therefore, wholly uncalled for,
especially a. this statute il Of such doubtful In.
depreciation, In some important points, that 1T
has already involved the administration Of cri-
minal justice in a difficulty 90 great that In
some districts Of the State persons now under
conviction for murder, and subjected 10 q SEN
tence Of death, which formerly would have
been imposed upon them, are now LEFT unseen
fenced, because the judges are In doubt a to
what sentence ought 10 be pronounced upon
them
Surely 1t was high time for some Judge TO
expose this burgling act, and be deserves well Of
the community for having done 80. The Judge
takes the opportunity, in this connection, 70
mention the significant and suggestive fact that
since the Law came into operation crime has
fearfully increased, and since the LIST Of May
the murders In this city amount to thirty. IL
is no wonder they would increase under IN act
which might justly be entitled AN act 10 In
creaee crime and license murder" II IL only
Of piece with all the State legislation Of the
republican party. Their temperance laws
have increased iDtemperance, their Sunday
laws generate vice and impiety, and their tink-
ering with the Law of capital punishment Is now
swelling the catalogue Of crime.
The act was probably passed deliberately and
In the interest Of criminals-a class
Of men who manage the primary elections, and
for a consideration give the nominations to can
didates for the Assembly and the Senate. When
the newly aedeed Legislators get into the Capt.
toll they think they cannot do less than protect
their benefactors. Their object In going to the
Legislature Is not TO prevent crime, but to
plunder the people
The republican organ which apologies for
this atrocious enactment, and assails Judge
for his exposure Of Its consequences,
pretends that II Is not calculated 70 increase
crime, inasmuch ~ the criminals are ignorant
OF iss provisions How very innocent the
criminals are! How ignorant Of what their
legislative friends do at Albany If criminals
Of the deepest dye In this city have always had
sufficient influence 70 procure pardons from
Governors, they have also influence enough TO
get laws passed for their benefit and protec-
lion. BY the recent act murderers are not TO
be executed for one year after conviction.
During that time how many chances Of escape
or Of pardon, or Of robbiog justice 10 some way
4 i.s victim. The efficacy Of punishment de-
bends upon i,s promputude and its certainty,