The Louisianian. [volume] (New Orleans, La.) 1870-1871, 1871-01-26
THE yAGRANT LAW.
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CHARGE OF JuDGE: :EDMoND ABEL To THE
IS < GRAND JURY.

80 *. GRAND JURY.
The following Charge was delivered on
tlss- 18th by Judge Abel in the First
District Court to the Grand jury:
Gentlemen of the Grand Jury:
1.-THE number of daring rogues, pick
pockets and idle Migrants that infest our
city is o subject Of the deepest interest
to our people: We have 9 statute
furnishing vagrancy, but it appears to con-
fict with some Of the provisions Of the
constitution of the State. The change in
our body polite, no doubt caused the
trainers Of the constitution to insert in
fovor Of liberty the. most stringent clanses
known to any State government; such
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Prosecutions shall be by Indictment
or information. The accused shall be en-
titled to q speedy public trial by amin
partial jury Of the parish. IN which the
offence was committed, etc. q sa'sna
The vagrant law appears to be in con-
fict with several articles of the oonsti*n-
ton, and been SO declared by Judge Coo
ley, one of the trainers Of that instrument.
I have had no test made of its constitu-
tionalty, but am inclined to believe that
the decision rendered by the Judge Of the
Sixth District Court is correct exposi-
ton of the law. re~ .4iiS.,s, son, slaos
/ An attempt to enforce Law of doubt
fal constitutionaity rd6uld result in no
good to the State, and might be made an
engine of great oppression. t5 rsH
The District Attorney, entertaining
doubts of the constitutionality Of the law
has fled no informations in the several
cases sent to this count. '' ''t'. .1,i
Every offender being entitled, under
the constitution Of the State, to o speedy
public trial. aud not to be required to
give excessive bail, I have been somewhat
perplexed to know what step to take In
the premises. --,----'''-
Under the circumstances Of the case
the remote prospect ola trial, to require
bail in any great amount would certainly
be excessive and unconstitutional. To
| require only nominal bail would enable
them to get out and continue their depre-
dations under cover of o bondsman.
If any Of these Migrants apply to the
courts for writ Of habeas corpus, it re-
suits in their release and immediate re-
arrest and retention at the expense Of the
city Of New Orleans Many Of them are
DESTROYS Of leaving the city; but complain
that they are not permitted to do SO be-
fore they are picked up and again incarI
cernted The uncertainty Of the "vagran1
Act" and remote prospect Of a trial del
bars these offenders Of the constitutional
right Of speedy trial, and entities then
to be bailed in small sum or permitted
| to go on their own recognizance. ? Thos|
who desire to leave the city, have beef
permitted to give their own recognizancd
with % request to the superintendent d
Police to see that they are not MODESTO
on their route of departure. 7 tHde"s
Gentlemen, this appears tobe the onl
1 way Of Kidding the city Of a portion Of Il
1 vagtants now infesting it. 70 And we cd
have no permanent remedy until The L
gislature amends che old law, or enacts !
new one, 81 until the Supreme Court I'd
Indicates upon The constitutionality Of u
law. a'''9 O '1'i'''n" fa'.-i 'ta''hi ~ i
Since thsiadjournment Of court yestef'
| day I have beef; informed That there Al
appeals u the Supreme Court from SCI
tencss 10 hard labor III the Workhou4
which promises an early solution Of tbe
vagrant Aw.o II itieclared constitution
lit should Be enforced with rigor; Il n
gentlemen, / trust that you win ute
upon the Legislature now ii session he
! necessity of e6nassfng alsw that may be
made eaf0ctnal.d5 Tsiia idi nogg r. 1
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