New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-09-09
The Free School ACT Unconstitutional


CORRESPONDENCE of Rhe Tribune
sENEcA FALLS, Wednesday, Aug. %, 1885,
Il. GREELEY-Dear Sir: In my latter In Ihe
Tribune ON the 9Th inst. intimased an opinion
that the action of the Legislature in relation to the
New School Law was unconstitutional. You say
in reply;
81" an act duly paased by the Legislature and approved
nv he Goyetnor is 10 deemed nny, because !e REQ
pie have expreERly affirm cd It, 1t is time me iac' were
known"
shsl! Lot retaliate upon you By calling this Petti
foging; it ia not my way; but will briefly state
he grounds Of the opinion had the temerity to
venture against somewhat high authority, and the
opportunity it presented for your ridcule Whethe'
the law was duly passed by the Legislature ia the
precise question. did not say that the Law was
made invalid by the popular vote. VIII you say
that the law, If invalid without that vote, was
valid aoith it?
The several necessary Governmental powers are
devolved by the People upon different departments
or agencies The Legislative upon the Senate and
Assembly; the Judicial upon the Courts the Ex-
ecutive upon the Governor and other Executive
and Administrative Officers The People have
setted BY what agency and ia what manner laws
shall be passed and repealed, and have no more
right to disregard the Constitutional provisions
which are intended to secure the rights OF the MI
pority, than the agency has.
Legislative pc lie yeted in Senate and Ass9U1.
80 reads the old Constitution and the new.
Now ia this veetng ofpower partial or complete
II complete the Legislature have no more right 20
invite or sanction the dellberation and action OF
spy other act of men-not even the whole BODY OF
Tho Electors themseves--in the passage OF law,
Tho Gnuernor hAa In aDDOint q deputy TO eX-
ercise the power vested In him
Sec II Of Art prescribes how laws shan %
enacted ,,.. -
ths State OF NeRYoik, represented in sense ina Az
tfnbly do enact a. follows and no law shall bs enact
Withdnt such enacsng clause no bill would be-
coma q law; can bill become law U9tR II when
ii srpears upon its face that the clause untrue
The enacting clause in the New School Law, TO
be truthful should be- "The People OF tbs State OF
Nav York, represented by the Election at tia Bal
lot bog, DO enact as follows" 1t is majority OF al
the votes of the State that makes the act become
g law, if it be one.
cs.sqsiIlt lhe New School Law ths act shall be nqu
VOID; aid in case majority OF al me vosse N ie
Estate shall be the New School Law saen his ac
"shal become law sud shall take sfec on ne prs! osy
"oi January 1850, or as amended al!efWsfal lniAea
"ate.y.n ,,1.t
Nov, have the Legislature duly passed this law
asyou seem to tab G for granted! what vote gives
the members of the Senate and Assembly or
that Of the majority OF the Electors voting upon
the question !
Again, Task, Is this yesting of Legislative power
in the Senate aad Assembly complete or partial
If complete, can the Legislature dvest itself OF shis
power or any part of is A few years ago, we
wanted the Boards of Supervisors invested with
certain Legislative powers. Was it supposed
that the Legislature could confer these powers
No. AT amendment Of the Constitution was sup
pose TO be Gecessary. either to give these powera
direct or to authorize the Legislature to confer
them; and hence the provision which kno@ to
have been thought necessary by as wlse heads az
were employ ed in framing the New School Law
that ,.,
"The LegisTalure may confer the Board Of saperv.
sore Of The several counties OF The Bate such TURNER
powers OF legislation aud administration 80 insy sas
from lime 10 time prescribe lsec II Of Ari'SI
Again the act provides no mode OF ascertain
men5s whether msjority of all the votes in the
State " ere cast for or against the New Schooi
Law True, the local inspectors are required to
canvaas the ballots aud make return thereof, in the
same mnaner az votes given Tor the othca OF 6oy-
error ard Ii >utenantG Governor but 10 authority
s given to any tribunal decide 40 to tia leg atty
or regularity Of these returna, decide tho aSgre