THE PEOPLE OF THE STATE OF ILLINOIS, ex rel. MICHAEL OCONNELL v. ROBERT TURNER, Essay Example for Free

THE PEOPLE OF THE STATE OF ILLINOIS, ex rel. MICHAEL OCONNELL v. ROBERT TURNER, EssayOpinion mr. Justice thornton delivered the opinion of the motor lodgeBy the order of this tap, the judicial writ of habeas corpus was issued, commanding Robert Turner, overseer of the rectify school of the metropolis of Chicago, to show cause for the caption and detention of Daniel OConnell.The petition of Michael OConnell represents, that he is the father of Daniel, a boy between fourteen and fifteen years of age, and that he is restrained of his liberty contrary to the law, without conviction of crime, and below color of the to a lower placementi unmatchabled mittimusSTATE OF ILLINOIS, COOK COUNTY. ss.Superior Court of Cook county. Of the Sept. Term, A. D. 1870.The People of the State of Illinois to the Superintendent of the Reform School of the city of Chicago GreetingWe do hereby command you, that you take the body of Daniel OConnell, a boy above the age of six and under the age of sixt een years, who, upon referable examination by the Hon.Wm. A. Porter, one of the judges of the Superior Court of Cook county, has been found, by competent evidence, to be a proper subject for commitment in the said reform school, and whose honourable welfareand the good of society require that he should be sent to said school for instruction, employment and reformation, and that you confine the said Daniel OConnell within the said reform school, according to the statute in such(prenominal) cases made and provided, and for so doing, this sh altogether be your sufficient warrant.To the sheriff of Cook county to execute.Witness, Augustus Jacobson, clerk of our said Superior Court, and the seal thereof, this ninth daylight of September, A. D. 1870.A. JACOBSON, Clerk.The return is, that the boy had been detained by authority of the mittimus, which accompanied the petition, the original of which was filed with an endorsement thereon by the sheriff of its collectible execution, by the d elivery of the body of the prisoner to the superintendent of the reform school.It is admitted, that the relator is the father of the boy, alleged to be restrained of his liberty, and that he is of the age stated.The only question for determination, is the power of the legislature to pass the laws, under which this boy was arrested and confined.The basic act, in sexual intercourse to this reform school, is a part of the charter of the city of Chicago, approved February 13, 1863, and the second is entitled, an act in reference to the reform school of the city of Chicago, approved March 5, 1867.The first section establishes a school for the safe keeping, education, employment and reformation of all kidren between the ages of six and sixteen years, who are impeccant of proper agnatic care, and growing up in mendicancy, ignorance, idleness or vice.Section four, of the act of 1867, provides, that whenever any policemagistrate, or justice of the peace, shall begin brought original ly him any boy or girl, within the ages of six or sixteen years, who he has reason to believe is a vagrant, or is destitute of proper parental care, or is growing up in mendicancy, ignorance, idleness or vice, he shall cause such boy or girl to be arrested, and, together with the witnesses, taken before one of the judges of the superior or circuit court of Cook county.The judge is empowered to issue a summons, or order in writing, to the childs father, mother, guardian, or whosoever whitethorn have the care of the child, in the order named, and if there be none such, to any person, at his discretion, to appear, at a time and locating mentioned, and show cause why the child should non be attached to the reform school, and upon return of due service of the summons, an investigation shall be had.HN2The section thus directs, if, upon such examination, such judge shall be of opinion that said boy or girl is a proper subject for commitment to the reform school, and that his or her mor al welfare, and the good of society, require that he or she should be sent to said school for employment, instruction and reformation, he shall so decide, and direct the clerk of the court of which he is judge, to make out a warrant of commitment to said reform school and such child shall thereupon be committed.Section nine, of the act of 1863, directs, that all persons between six and sixteen years of age, convicted of crime punishable by fine or imprisonment, who, in the opinion of the court, would be proper subjects for commitment, shall be committed to said school.Section ten authorizes the task of the children, and that they shall be kept, disciplined, instructed, employed and governed, until they shall be reformed and discharged, or shall have arrived at the age of twenty-one years and that the mend authority to discharge shall be in the board of guardians.The warrant of commitment does not indicate that the arrest was made for a criminal offense. Hence, we conclude that it was issued under the general grant of power, to arrest and confine for misfortune.The contingencies enumerated, upon the happening of either of which the power whitethorn be exercised, are vagrancy, destitution of proper parental care, mendicancy, ignorance, idleness or vice. Upon proof of any one, the child is deprived of home, and parents, and friends, and confined for more than half of an ordinary life. It is claimed, that the law is administered for the moral welfare and intellectual improvement of the minor, and the good of society.From the reputation before us, we know nothing of the management. We are only informed that a father desires the custody of his child and that he is restrained of his liberty. Therefore, we can only calculate at the language of the law, and the power granted.What is proper parental care? The best and kindest parents would differ, in the take on to solve the question. No two scarcely agree and when we carry on the watchful supervision, which is so unremitting over the domestic affairs of others, the conclusion is forced upon us, that there is not a child in the land who could not be proved, by two or more witnesses, to be in this sad condition. Ignorance, idleness, vice, are relative terms. Ignorance is always preferable to error, but, at most, is only venial. It whitethorn be general or it may be limited.Though it is sometimes said, that idleness is the parent of vice, yet the former may exist without the latter. It is strictly an self- mastery from labor or employment. If the child perform all its duties to parents and to society, the State has no right to compel it to labor. Vice is a very comprehensive term. Acts, wholly truthful in the estimation of many good men, would, according to the code of ethics of others, show fearful depravity. What is the standard to be?What extent of enlightenment, what amount of industry, what degree of virtue, bequeath save from the threatened imprisonment? In our solicitude to form yout h for the duties of civil life, we should not forget the rights which inhere both in parents and children. The principle of the assiduousness of the child in, and its complete subjection to the despotism of, the State, is wholly inadmissible in the modern civilized world.The parent has the right to the care, custody and assistance of his child. The duty to assert and protect it, is a principle of raw(a) law. He may even justify an assault and battery, in the defense of his children, anduphold them in their law suits. and then the law recognizes the power of parental affection, and excuses acts which, in the absence of such a relation, would be punished. Another branch of parental duty, strongly inculcated by writers on natural law, is the education of children. To aid in the performance of these duties, and enforce obedience, parents have authority over them.The municipal law should not disturb this relation, except for the strongest reasons. The case with which it may be disrup ted under the laws in question the slight evidence required, and the informal mode of procedure, make them conflict with the natural right of the parent. Before any abridgment of the right, gross misconduct or almost total unfitness on the part of the parent, should be clearly proved. This power is an emanation from God, and every attempt to infringe upon it, except from dire necessity, should be resisted in all well governed States.In this country, the hope of the child, in respect to its education and future advancement, is mainly capable upon the father for this he struggles and toils through life the desire of its accomplishment operating as one of the most powerful incentives to industry and thrift. The violent abruption of this relation would not only tend to wither these motives to action, but necessarily, in time, alienate the fathers natural affections.But even the power of the parent must be exercised with moderation. He may use correction and restraint, but in a reasonab le manner. He has the right to enforce only such discipline, as may be necessary to the discharge of his sacred trust only moderate correction and temporary confinement. We are not governed by the twelve tables, which formed the Roman law.The 4th table gave fathers the power of life and death, and of sale, over their children. In this age and country, such provisions would be atrocious. If a father confined or imprisoned his child for one year, the majesty of the law would frown upon the unnatural act, and every tender mother and kind father would rise up in arms against such monstrous inhumanity. * Can the State, as parens patriae, exceed the power of the natural parent, except in punishing crime? Footnotes * See the case of Fletcher et al. v. The People, holding that the father may be indicted and punished for inhuman treatment of his child. End Footnotes- These laws provide for the safe keeping of the child they direct his commit ment, and only a ticket of leave, or the unrestrained discretion of a board of guardians, will permit the imprisoned boy to breathe the pure air of heaven outside his prison walls, and to feel the instincts of world by contact with the busy world.The mittimus terms him a proper subject for commitment directs the superintendent to take his body, and the sheriff endorses upon it, executed by delivering the body of the within named prisoner. The confinement may be from one to fifteen years, according to the age of the child. Executive clemency can not open the prison doors, for no offense has been committed.The writ of habeas corpus, a writ for the security of liberty, can afford no relief, for the sovereign power of the State, as parens patriae, has determined the imprisonment beyond recall. Such a restraint upon natural liberty is tyranny and oppression. If, without crime, without the conviction of any offense, the children of the State are to be thus confined for the good of socie ty, then society had better be reduced to its original elements, and free government acknowledged a failure.In cases of writs of habeas corpus to bring up infants, there are other rights beside the rights of the father. If improperly or ilsoundly restrained, it is our duty, ex debito justitiae, to liberate. The welfare and rights of the child are also to be considered. The disability of minors does not make slaves or criminals of them. They are entitled to legal rights, and are under legal liabilities. An implied contract for necessaries is binding on them. The only act which they are under a legal incapacity to perform, is the appointment of an attorney. altogether their other acts are merely voidable or confirmable.They are liable for torts, and punishable for crime. Lord Kenyon said, If an infant commit an assault, or utter slander, God keep that he should not be answerable for it, in a court of justice. Every child over ten years of age may be found guilty of crime.For robbery , burglary or arson, any minor may be sent to the penitentiary. Minors arebound to pay taxes for the support of the government, and constitute a part of the militia, and are compelled to endure the hardship and privation of a soldiers life, in defense of the constitution and the laws and yet it is assumed, that to them, liberty is a mere chimera. It is something of which they may have dreamed, but have never enjoyed the fruition.Can we hold children responsible for crime liable for their torts impose onerous burdens upon them, and yet deprive them of the enjoyment of liberty, without charge or conviction of crime? The bill of rights declares, that all men are, by nature, free and fissiparous, and have certain inherent and inalienable rightsamong these are life, liberty, and the pursuit of happiness.This language is not restrictive it is broad and comprehensive, and declares a grand truth, that all men, all people, everywhere, have the inherent and inalienable right to liberty. Shal l we say to the children of the State, you shall not enjoy this righta right independent of all human laws and regulations? It is declared in the constitution is higher than constitution and law, and should be held forever sacred.Even criminals can not be convicted and imprisoned without due process of lawwithout a regular trial, according to the course of the common law. Why should minors be imprisoned for misfortune? Destitution of proper parental care, ignorance, idleness and vice, are misfortunes, not crimes. In all criminal prosecutions against minors, for austere and heinous offenses, they have the right to demand the nature and cause of the accusation, and a speedy overt trial by an impartial jury. All this must precede the final commitment to prison. Why should children, only guilty of misfortune, be deprived of liberty without due process of law?It can not be said, that in this case, there is no imprisonment. This boy is deprived of a fathers care bereft of home influence s has no freedom of action is committed for an uncertain time is branded as a prisoner made subject to the will of others, and thus feels that he is a slave.Nothing could more contribute to paralyze the youthful energies, crush all noble aspirations, and unfit him for the duties of manhood. Other means of a milder character other influences of a more kindly nature other laws lessin restraint of liberty, would better accomplish the reformation of the depraved, and infringe less upon inalienable rights.It is a grave responsibility to pronounce upon the acts of the legislative department. It is, however, the solemn duty of the courts to adjudge the law, and guard, when assailed, the liberty of the citizen. The constitution is the highest law it commands and protects all. Its declaration of rights is an express limitation of legislative power, and as the laws under which the detention is had, are in conflict with its provisions, we must so declare.It is therefore ordered, that Daniel OC onnell be discharged from custody.Discharged.