The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-01-05
TaE LIBERTY OF THE CITIZEN.

To THE EDITOR OF THE IERALD:-
One or the most singular anomalies OF the New
York statutes is that which is headed .sro abolish
Imprisonment for debit And yet the code opens up
avenues by which any man, however high his posi-
ton may be. Is subjected 10 the danger every day OF
arbitrary arrest and incarceration. Section 1se OF
the code provides FOR arrest in the following
cascs:--
fust-In an action for the recovery Of damages
n cause OF action not arising out OF contract
where the defendant ~ not resident OF the State
or Is about TO tncrefrom where the nc tion
IL for an injury 20 person character for MUIR
ing or for wrongfully taking, deaining or convert
ING property.
promise To marry or Tor money received or property
elDbezzed or Irauduleuty msapplied by public
olccr or by an attorney, solicitor or counsellor,
by an onicer or agent Of a corporation banking
association In the course OF hs employment AS SUCH
or ny any factor. agent broker or other person Ia
nducary capacity, or for ans misconduct or neglect
M once or In professional employment.
TNfyu-ln an action TO recover the possession Of
perty. or any BARI thereof has been conceaed.r re-
moved disposed of, that II cannot be found or
taken by the sheriff, and with the intent that IL shall
not so be found or taken, or with the intent TO de-
prve the plaintin 81 the benefit thereof
F0us1h--When the defendant has been guilty Of
fraud In contracting the debt mourning 0DlI-
CATION for winch the action Is brought, or In con-
ceaiing dlsposing of the property tor the taking,
detention or conversion Of which the action y
FyTi--wherc the defendant has removed or dis
posed OF his property or II about 20 do so with intent
70 defraud his creditOJs.
Can there be more sweeping and unlimited OPP.
portunIty for arrest upon any imaginable causeS
According 10 section Isl arrests may he made
where II shall appear to the Judge by the andayit
Of the plaintiff or OF any other person that sufficient
cause OF action exists and that the case IL one or
those mentioned in section 1871 Who ~ safe under
this section? what does II cost TO get an AFFIDAVIT
upon any side of any question IN New York; u 10
NOT known hundreds Oh men WOulN WllfinIly
give an err pdre aiidavit devoid Of truth, Tor ten
dolarsy Tie only method BY which me Judge, how.
ever honest he may be- can test the demand for an
arrest is TO see whether the atndavt "a made In
proper FORM either by the piniutlf or anybody elee,
whether the af1dayt presents sufncient ground OF
action and that II Il under the provisions of the code
In the multitude VI cases where stranKefs daily
appear before aim IN litigation now y ~ pesslple
fact except by the papers presented 70 MN We
propose TO look thoroughly into THIS law aud TO Jay
bare before your readers its enOrInitles and 70
suggest some method Of Tcmcdyng abuses winch 80
lew nave known the existence o. - ~.
There should be no array o. po.c5 WIFI mi, ns
be- found 20 defend incidentally the defects 81 law
by excuses for prominent officials VINO may pe az
tackled or who mag he affected by any change thefc-
in ID il "a absurd 10 abuse any Official who makes
Of the law for his benefit ~ 70 Charge the TT
strumcnt with gnlt when crlms nus 1871, I'LL
committed. That we have multitude of brutal
officers cannot permit OF contradiction. That they
may lend themselves 10 gross acts 81 oppression
and TO tine gratIfcation OF malicious prosecutions
by otners whereby ther pockets are filed, ~
equally true. But these individual cases must be
treated separately as they, arse and must n0t DC
confouuded with the law Itself II is no argument
10 retort upon republican Journalists that tney
could not see injustice IN the many higi-hanued
acts Of federal onicias during the war Two wrongs
never make one right. II the liberty OF the citizen
should he above and beyond all price, let the by
cones take care OF themselves; aud u REDRESS ~ inl-
possible for past outrages lot US ace that no act for
the future shall repetition OF such enormi-
ties. The liberty OF the humbest citizen " A. dear 70
him that Of the greatest statesman aud the hard
shiF5s endured by the poorer entail more wide
spread misery upon ms faSniy than tbs calamity ~
tie rich dnxu ovn being upon his SURROUNDINGS ~