The New York herald., 1871-02-02


some instances clerks have failed In this duty not
wlthstandlng the most urgent calls upon them nom
TINS department.. complaint to the judges VINO
desired correction. Their bonds are Ia small
penalty, and suits on them VIII not AFFORD efiectual
redress ! suggest sthat Congress give TO the de-
partment seme means OF forcing these delinquents
TO obey the law
INSANE coNvICrs.
MY attention has been called TO the necessity or
some provision Tor convcts under the laws or the
United States who become insane whiie undergoing
sentence. some of the States remove convicts or
TINS description under their own laws To their In
sane asyinnis, ana the same disposition has been
made of United states convcts In their prisons and
pententares, but this Is not general, and pro-
vision on the subject seems to be required by hu-
mainly. L Is question well deserving the atten-
tOn OF congress whether the government OF the
United States should not now provide is own peni-
tentiares instead Of being dependent upon the VIII
OF the states IN so important matter.
FEDERAL PRISONS SUGGESTED.
Wnen the number OF United States prisoners was
sve 1t was convenient to use the penitentlaries Of
the States but now with our great Increase OF pO-
aasn,a Pnlason aaa Ol CRIME @ with he modern facilities for
government In different parts or the country con-
troed and visited by officers Of the United States,
would answer all the ends OF security and or punish
ment, with uniformity OF superintendent and
supervision. which Is desirable but under the pre-
sent system impossible. l make the same
Recommendation on the subject of Jalls
MTa M " s1fsSaes to Of bsf na for
In the more popuous districts. The convenience OF
having such prisoners the place or trial Ynl
Justify the continuance Of the present y stem IN dis
tr1cts where The number Is small IN the safe keep
s Z Hs to ought bd
% s SSd sgs e} shhey asa symaa d
State administration unfrendly to the enforcement
OF the laws OF the United States the power OF such
state TO withhold the use or Its prisons from
the United States might be exercised to the serious
obstruction OF Justice
In the act establishing this department Congress
manliests dsapprobation Of the practice OF re-
tanning
SPECIAL COUNSEL FOR THE GOVERNMENT
though the employment of such counsel Is allowed
IN certain circumstances by the seventeenth section
or the act In a few important cases, where before
that act took effect special counsel had been re-
tanned by the departments, have thought that the
litigation would justify the continuance or their
services, bur IN new cases however strongly urged.
Not to dwell upon the temptation 10 abuse which
exists eSas Wnere a discretion is allowed In
se regular a6Isys ne op p0a the
States and their regular assistants ought
TO be equal to the ordinary necessities Of the govern
meni, and that special counsel should only be en-
ployed In cases OF emergency IT. as is often urged,
the compensation allowed to regular counsel and
their assistants is not sufficient to command the
ability that Is needed to cope with the adverse
counsel, the remedy lies with Congress-. The regu-
lar district attorneys ought not to pe degraded to
the rank OF secondary counsel for the United States
in their respective DISTRICTS as they practically
when special counsel appear for the government IN
when the government enfOrces
CLAIMS UPON PARTNERS
trcts, a separate suit must be brought
in each. A law giving jurisdiction
over all such debtors 10 the courts or the district in
which one of them resides or might be found and
providing for service of process in the other dis
ricts would accelerate collections ana expense.
The laws OF the several States exemptlng certain
amounts or real and personal property from eXecu-
tion for debt held in some districts to be appli-
cable to debts due TO the United States. The State
regulations are various. both as TO the species and
as to the amounts Of the exempted property. BY
removing from State which allows a small ex-
emption to state which allows large exemption,
debtor to the government is often practically re-
leased Losses often occur in this way IN the cases
OF deraultng poStmaSers NATL contractors dstllers
&C., whose bonds sufficient IN the State where
they were executed and approved are made WORTH
There ought to be some uniform regulation on this
subject. In some districts the courts collect fines
ton against the property OF the offender in others
by imprisonment until the fine and costs are paid.
suggest that congress put an end to this diversity
GENERAL LAW ON THE SUBJECT
The mode OF arresting and transferring persons
charged with crime In one district and found in
another might be made more simple. speedy and
effective. / know no reason why criminal process
issued In district should not be executed in all
parts OF the United States 1t was my wish to pre-
sent to Congress In TINS report complete
STATEMENT OF THE BUSINESS
eeea saYe N tns a m Uf d e
trict attorneys No returus sufficient for use have
come IRON the districts OF Delaware, Northern
Florida Southern Florida Maine, Minnesota, North
ern Mississippi, Western Missouri, Nevada, New
Hampshire, Oregon, Eastern Pennsylvania, Rhode
Island, South Carolina Eastern Texas, Vermont,
Virginia. West Virginia, Eastern Wisconsin, District
OF Colorado, Idaho and Utah.
After giving partial statement OF the business of
the United states in the courts the Attorney General
concludes his report as foows:-
STATISTICS OF CRIME
In October last letter was sent to
the Governor or each State and Terri.
tory requesting him to furnish TO this depart
ment as early as possible in January, 1871, the
statistics Of crime In his State or Territory for the
yeau 1870, classifying the desired information as
fOllOws:-
First-The number OF prosecutions Instituted
during SAID year under the penal laws OF the State,
IN three classes-capltal Crimes crimes punishable
in the penitenary, offences punished less severely.
SecOfd-The number OF criminal cases disposed Of
during said year. the report specifying with the
by a jury, the number OF convictions by Jury, the
number OF acquitttals by q jury, the number OF
eases nOue pressed, dismissed or discontinued the
number OF cases tried by judges magistrates with
out jury the number of convictions IN such cases,
the number OF acquittals in such cases. TO this
quest but few answers have come. Some Of the
Governors report tnat there Is no provision in their
States for collecting sucn information. Others
furnish such statistics as they possess. Meagre as
these are they are, perhaps, the beginning OF a
series Of annual collections OF statistics that will
finally become complete and valuable.
A. T. AKERMAN. Attorney General.
JANUARY 81, 1871.