, 1862-05-19


AS often as TWO ~ three ti1Ats wear, for
the last three or io:lr YEARS, p.rsoual rights
have. hceI ciai11ta denied ,:lrd CONTESTED in ulr
Courts Hndtr TIC kctrrm School Law. uut;i
tire public have hlcome, if not acqu aiuteG
with The law i'st1t, at least familiar With tn.
lns siF'.ble irafnrrs OF ieturln School trials.
case las ycstettay heen e%fnEx Judge Mau;cr-
Il III tic Circuit C.,Ett, ~!,en c4lIc.i out from
theIa"3ers On hath sides I'LL their Ingenuity
Which received the, most Aelib-
crate consideration Of t1le judge.
Ard which fn:.y be held to settle the law upon
thu sutjtc:. We rc'er IL the case. People e.
gtl- Patr,rts FiunessF Us. Geo. VI. Perkins, Su-
p. rin1eLdcnt, %Sc. II was to 1ucovrr !. boy
who, for yagrancy, had l'ccp committed to tut.
Reform Scnuol. The plaintiffs claimed tha,
t1.c act which gives the power BY which this
commitment was n1aue, is III contrarentiou of
tie Constitution, and is therefore void !; .ud
that 1t controyeues The Constitution in three
particulars: that ~ it Is in vlol ,tion Of The
proyieo to the Bill Of Rights, '*that Justices Of
Tue Pcaee shall try 30 person except as court
Of inquiry for any offenst punishable with i'm
p11sonn,ent, OF death. or liuc aoove one huu-
afea oeaFs os u;l1 that (l the act is in violation
Of trial by jury shall remain inyioiate, and
stail extend 10 all cases Al law, without regard
to the amount in controversy" and OF sec s
OF the same Article, that no person shall be
imprisoned or in any manner de-
Priv. d Of his liIe, liberty, or property, but by
the 3udEment Of Lis peers or the law OF the
lahd - that ~ the act is in violation Of se:-
! Of art. of the Constitution. which ves.s
Tic Judicial power Of The State in one supreme
Geqrt, III CESultCourts.i it, County Courts, and
IN Justices OF the Peace Il Was claimed that q
judicial power uDpruyided b5 the Constitution
is vested by the act in the Commissioner OF
the Reform Scht.ol VIZ believe that the.,.
are lbe stereotype objections to the lesisla-
tive enactnsent which created the office Of
Commissioner.
The arsunle1't for the defendants was made
hy Edward :. l-hanl, Esq. It. was an arsu-
men. OF great ability and striking origin .lity.
Ne1'aye re:sons for stating that the Jui..ss
ueenied Dir. lsha1n' 5 TEA: nunga as exhaustive of
the law as applicable to his case. We can oul :
give q 1'altd outline Of his propositions:
~ III r.gard to the hret objection, it Was
Is contfavened, because the Justice does no'
II. even as court OF inqulry' for an o.:
Tense punishable by imprisonment, death OF
nne, nor IN TACT for any offtnse at all. The
Aet o3 1851. section 6, provides that when ans
folcS Mais:lrtrase or Justice Of the Pe<ce
Shall have brought before him any n lie q Il 4.
N the ayes Of aud II Fears, which be mas
rcason to believe Is a yaErust or destitute O,
proper parental care, &c, hc shall trausui'
nm TO Inc commissioner, and if the Cum
missioner fht him suitable person for The
Reform sch''o1, le shall be- sent there. Tue
act in effect proviaes that the boy shall not b
f7ied Ut all fur the ot1tnse for 1lich ne il IT,
res1ed until he has been befor.
the Commissioners. IF the Commits
slonsr certify him proper perso.
ior the school be shall ,u,er 6e tried at Ill e.,
bis eDe.tse- H. is sent to the Reform School
because destitute, as the statute says, Of prop
er parental care, &c; not as punishment
but to supply the needed care with the nope
t OF H1orm- II the Commissioner dnd ho,s
| of reform the crime fs overlooked by the law
ard the boy shall never be tried for it. In t,,t
prtst Mt case the hoy has never been tired fo,
! THE cffense for which he was arrested.
| # the Commissioner be Of opinion that thu
boy is lot f. subject for the Reform School
or Justice, and then, and not till then, doe,
| any question arise npon the ofense for whicl