The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1869-02-16
vAGRANCY.
Superintendent Cain to the Legis-
lature. be tas-sre
HE URGES A vAGRkNF ACT.
TT WILL SAVE $4,000
PER sANNUM.
NE PLEDGES HIMSELF TO RID the CITY OF
THIEVES. ......

The following communication was transmitted
yesterday BY Superintendent Cain to the Lesis'
SupEsNTENDENT's OFrIcE.)
Metropolitan Police,
New Orleans. La, 1867
Ma Dear Sir-I take the liberty of addressing
you upon . subject now under con.idersnon ~
the Legislature and In which the highest interests
Of this community are concerned, M tse,,ng assured %
that has characterized your course heretofore viii
induce you to throw the weight Of your influence
In favor of the measure, TO which now de-
sire briefly to call yolr attention. refer to the
there are no classes of laws which more I'm
perativey demand the serious and careful atten-
ton of legislators tAasp those providing for the
none others, the Individual rights Of every CHI
zen. from the lowest TO the highest They appeal
in no partisan seIse to the enlightened wisdom OF
those upon whom rests the responsibility OF legis-
No government can hope to win the confidence
and support of is citizens, while II fails 10 af-
ford to them security in their personal rights. liz
in the absence Of adequate laws bad men are not
restrained from infringing upon the rights OF
others, society 10 Of necessity compelled 70 arm
for its own protection, and In the avenging OF real
or fancied wrongs, the elements Of violence and
misrule are introduced % into tns ne, ooay Poluo,
remedy becomes ss bad as the disease.
Crime can only prevail, to large ex-
tent, through two oauses-hrst, detective
System of laws, and second, failure on the part
OF the law officers in executing the provisions
thereof. Enlightened communities suffer more
frequently from the latter than from the hrst OF
these causes. With rs the case Is reversed, and
we present the anomsAess spectacle OF commu'
nifty possessed of corps OF officers competent to
discharge the requirements Of the most stringenf
laws for the preservation Of the public welfare,
aud yet prevented IRON afording the necessary
protection to life and property, throughs lack
Of legal means. Thefepesl Of the vagrant act
has rendered New 0heans popular and easy
field for the operateFss of that class who prey
upon the fruits OF the n1ustIy OF others. 80 great
effect their nefariouss designs. that our city has
| become common ceater OF resort for the thieves
| and bad characters OF 3e whole country. Driven
from other cities BY r Of punishment ios .aeir
| place which not only promises q rich harvest
of Ill. gotten gains bst which also, by popularity
| of lis laws, protetts them In their unlawful
| svocatiops Dy rendering its authorities power
less to act against them. In my correspond
| ence with the haads of police of other
cities. am notified aalpost daily OF the departure
| of some notorious character for this city. The
| police authorities ofNew Orleans have exhausted
| every means in theT power, and have even ven
| tured upon measures Of doubtful legality to sup
press crime and to Nd the city Of the perpetrators
thereof, but to no psrpose. The hspsss co conai. ~.
! repeal Of the vagrant law being well known, ell
their efforts are regarded with derision, while
offenders are encouraged TO renewed boldness In
| the commission of criine.
The whole dificultyexists in the fact that, under
existing laws, il is nncessary to prove the party
accused guilty of eGfne actual crime, before the
examining magistrate y justified In sending him
before the criminal court. Proof OF this kind is
seldom obtained. n the ofense is committed
under circumstanc, +. the least favorable to
detection, and tlSy magistrate Is, in ma
joriiy of cases, ~ pelled to discharge the
prisoner for wa, Of positive evidence,
| although there mG, xist in his mind moral
| conviction of the S,soner's guilt, drawn from
| his known charaesSSt habits, associates, and
other indirect testip5tY; but should the evidence
adduced at the exsa& alton be sufficient. and the
prisoners be sent S3Isre the criminal court. In
ninety. nine cases ocsrM the hundred he viii be
released under bor$.sto await his trial. which
| NAV not take place Syes months. and, during this
interval he has amEH opportunities for pursuing
| his ayocation stn.aSked to greater activity by
the necessity Of acclyfhlating q sufficient to
meet the expenses 81 ias approaching trial and
from the dificutysi II exists In securing con-
viction for the ofies Ealleged, he appears TO be
| in most cases succefs1T in his endeavors.
l am convinced go there is but one way in
| which to deal with Xsxclass Of persons above al
luded 10, and tbas tSao declare them vagrants
make them amenaEg1eb the laws as such, place In
the hands of the p(eas$; magistrates the power Of
committing them tony Workhouse for term moi
| exceeding six mon ssfn The Law need not leopard
ize the rights of Dc ssumbest citizen, but be %
enacted as TO strike sts the great social evil from
which this commutty,suffers and from which II
| demands relief.
The remedy is wsh sAe Legislature, and 10 that
body fails 10 enac Ella q. TO meet the case upon II
alone will rest the pbDsbility and the reproach
for outrsges committed against the rights Of our
citizens. As tie execptive head Of the police de
partment l will pIedgs the force under my con
troll provided the yegfant law goes into effect, "a
rid this city OF the th1ves who now crowd our
streets and excite the. Just apprehension Of our
citizens. Apother reshlt of such q law will be Z
saving to the public treasury of at least $50 000
per snnum in the working Of the force. submit
the matter for your Consideration, satisfied tina
you must be impressed Of immediate Legislation
upon the subject
am approached daily by gentlemen Of thu
highest standing and respectability: who inquire
when will the vagrant law pass 7" L have as
sured them that there would be no delay, as ever,
member with whom ] have conversed, has re
garded it with unqualified approval, but the pres
ent session Is rapidly passing, and but little pro
> gress has been made. my immediate predecessor
in Office having experienced the difficulties il
working the force in the absence Of the vagran
law that have attempted TO point out, endea
vored to influence the. Legislature at its forme
session to adopt one, bat the matter was crowdet
~ out by the pressure of other business until to-
late. trust that the present session will not pas
without the necessary action In the matter.
Determined that no effort on my pant should b
wanting have made this personal appeal 10 you
and doubt not, that the subject viii receive at you
hands that consideration to which its importan
relation to the welfare Of the city entitle It.
have the honor TO be, very respectfully, you
obedient servant GEORGE L. Cam,
Superintendent Metropolitan Police.
L.. 49, foIfn