The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-10-28

not and, II the law Is void, II 10 as nothing. IL
decide this question whenever it occurs 1t ssaid
the court should not take the responsibility Of
doing at special term The Corporation ap-
Judge, and we cannot appeal, and yet they say
yonr honor should not pass ON this question II
the law is void, they can apply to the Legislature
again and, if they can again get law passed
without his clients seeing it, why then they
would have the grounds. But, If they took them
now. his clients were without redress Now about
precedent. They say the court should be cautious,
existed since 1873 He admitted that the court
should be cautious; but is this question that
should not now be decided upon principle 1t is
never too late to appeal to principle and he
doing by silent acquiescence. He knew his honor
not afraid to meet question, and to decide it
according to principle and law, regardless of con-
go heretofore, in the case of Doughty vs.. Hope"
where his decision overturned all the assess
ment sales heretofore made in this State;
and be recollected that the Supreme Court
affirmed it, regardless of consequences. First,
he said this bill never passed the Assem-
bly,. He was almost out Of patience at hearing
that he was there to attach and overturn law
on an affidavit He denied it. 1t was not so. He
only showed prima facis, that this act passed
the assembly; and he was there asking the poor
privilege ofproving this, and Of trying the question
whether they had law or not What he said was
this: The evidence in support of this law is pre-
sumptve evidence But it is not conclusive, and he
had right to inquire into the facts and show tn at
no such law ever passed Ii is said the clause left out
is unconstitutional, and therefore no matter. He
/ ctntended that it did matter; that even then it
would be void, because who can determine that this
law ever would have passed without this clause! A
freeman loves to make hi, own bargain, and if he
has his land taken, he likes to have some voice in
naming the persons to appraise it, and it is evident
in this case that the Legislature intended to give
the this opportunity 1t is said that this is
a bold principle, and new and novel one. He
hoped it would be decided upon principle, without
regard to its boldness or novelty. He answered
right to take these lands if it did not pass Then
why couldn't he try it! Why shouldn't he be
allowed TO try it What reason was there
Why, in England We find you can't plead nS4+tel-
New.York City is great place, but it is only
one of 1900 towns in the State. The reason
why you can't 30 plead in England is be-
cause during the barons' wars some Of the
records were lost, and injury might be done. The
principle of that and the same course of reasoning
and thought carried him through this case. In
one case, law and no record; in the other, record
and no law. In one case you will do injustice If
you say record; in the other, you will do iDjus-
tice if you say there is. He not there with the
mere sayings Of sensible men-he knew that sena-
tors and Judges has talked about this matter, and
if this court intended to decide dida, he
had nothing to say; but if it intended 10 decide
upon principle, he had something to say. What
are these d,ota worth Crude sayings are like new
make them available +; and if he could not inquire
into this question when two millions of property
at stake, you can not inquire when life or ber-
ty are involyed-the man must hang because by
accident the law was signed 1t is said this propo-
sition is monstrou,. 1t is not half monstrous
the taking of their property Ths.c case in Hobarts
Reports--the King against Arundel, cited by op.
POSING counsel, seemed the nearest this There
the bill passed the Commons with proviso, bat no
provso found, and the court was there asked TO
infer that there was no law, without offering any
said that a record cannot be impeached, and
they cite Lord Coke. They like Lord Coke here,
but when be does not suit, they cite in oppo.
sition to him little corporation msuual.
lie bad cited cases deciding that you might show
record was void, and he asked, had they answered
them! He insisted that officer or body, however
high could in this free government make record,
or do anything to bind another, without legal au-
thority or jurisdiction. Then what authority had
the speaker to certify to a false fact Where was
his jurisdiction Where his authority! II it had
been question Of counting OF names or votes,
and he adjudica.ed upon it, it would be different.
But until the bill had passed, he had no more uris
diction than when it was in the pocket of the man
that drew it. Ifyou cannot attack the power of q
count or Of any tribunal, then we are In the midst
of despotism. He referred to the case Of Purdy
vs.. the People. There the Court read the statute,
which says the certificate is evidence they passed
by it, went behind it, and said certificate was
thing is therefore decided. He said, Sc ,ond, that
this application was without authority. he showed
that the Common Council had not directed this pro-
ceediDg. They directed their counsel to stop; and
be wen, on. They direc ted him to discontinue, and
be made this application This vigilant publ GER
ran before he as sent. But many things seem to be
healed by this resolution of June last wherein the
CORPORATION say these land, requisite. Now, he
had their admission that the sovereign power can
alone exercise the right Of eminent domain. Didn't
they refer this back to the Common Council'
They did not say go on now, but go on whenever
they should judge proper. We know that the peo
pie FIRE quently say this is good thing-pass resO
lutions about il and send bills to Albany; and yet
it passed through our House, was done in this
case, before parties interested see the law;
ard afterwards the matter is entirely dropped
Now we show this movement to be perfectly
idle. II park is wanted in this city-an island,
standing on any part OF which you are not mile
from the water-it should be placed in the centre,
and not the side, on the East river, with an
oct an 5000 miles wide in front. Why, instead OF
this being an opening to ventilate the city, IL
would be an opening TO ventate Inc h anarS
with this hot hastel Because influences were
brought to bear upon the Common Council, not OF
public nature. II was now or never. To show
the meaning Of the word "park," ] cited Noah
Webster's quarto dctionary-the last work OF his
hands-aDd to show that he died in the belief that
q park was enclosure for wild beasts. Since
then, have found, that in 1873, Mr.. Goodri'h has
edited new edition, by leaving cut all that Web
ster said. Rather q strange way OF editing
book, to be sure. Goodrich says, "apark Is an
enclosed place in cities, for recreation or amuse-
during the war the British had park Of artillery
at the head Of it along Chambers street: Mr..
Goodrich has probably been here, and seen
our Park, and peopls moving about in IL, and
probably making speeches in 1t; and went home
believing that the word "park" meant place for
recreation and amusement. Counsel then said, he
stood there upon the principle that the power to
take these lands could only be exercised by the
sovereignty, and cited Hill, Taylor vs. Porter.
The Legislature has not so decided. This case is
different from opening street In the one case
they stood a arbitrstors between Individuals In
the other they take the lands for themselves. He
opposed, then, the taking Of hi. clients lands, and
the appropriation Of them, when as competent au'
thtriy had decided that they were necessary.
Allusion had been made to ais clients holding on
to their an ,estra lands and in answer said that the
Jones family bad occupied their portion of this pro.
perty for three quarters Of century but they will