The New York herald., 1851-08-05

THE AMENDED CHARTER
On the assembling Of the Board, the following vas
read by the clerk -
An Aor TO AMrSp ENTITLED GAN Acr TO AME.p
TnE cHAhiEn or IHa CITY OF New YonK;m PASSED
April 2. 164Q,n PASSED July IL, 1851.
The People ofe State Of Nr FORK represented in Senate
and .fssens6ly, do enact as Eoicrs
Sec l. The third section Of said act shall be amended
the Common Council shall annually hold only three sta
ted sessions OF not exceeding one month each COM
mencing the first Monday Of January May and Sep
tember and insert in lieu thereof the following words
and thereafter the Common Council shall hold their
SESSIONS monthly, commencing on the first Monday of
each month but ut such session shall the members
entitled TO draw any per diem allowance for longer
period than eight days"
az follows The heads Of departments except the Gro
ton Aquetuct Board shall be elected every three
the people In case Of vacancy Of any Of said heads
Mayor by and with the advice and Of the Board
OF Aldermen shall appoint person to M the same
I'll the vacancy sha be fedby the electors the next
charter election The heads Of departments shall no,ni
nate ana and with the consent Of the Board of Alder
pnrtment except the Chamberlain OF the city of New
York the Receiver Of Taxes and the Chief Engineer of
the lire Depart MT but in the Mayor shall ne
glect refuse TO nominate the chief officer bureau
In the Police Department designated the Chief of
lice for five days after the Of the session
Of the Common Council to behoden In August eighteen
hundred and fifty 1t shall be the duty Of the Board
Of Aldermen toappcpt such officer forthwith And in
case the Mayor shall make such nomination and 1t shall
be rejected BY the Boa; Of Aidermen the Board Of
men shall have at any regular session Of the CON-
mon Council tosppnnt such Office provided that
OF any such SESSION shall eapse without another nou
nation being made by the Mayor and that no appoint
men of such ocer shall have been made heretofore
proydtd the heads Of departments shall nominate aud
by and With the consent Of the Board Of Aldermen
point the clerks In their immediate ocse The heads Of
bureaus shall nominate ana with the of the Board
Aldermen appoint al clerks In their respective
The Mayor sha nominate aud By and with the Of
the Board OF Aldermen appoint the Chamberlain the
city o. New Yors the erf officers of the Croton Aque
Duct department and the Receiver Of Taxes TIE Chieof
the ie department shall be elected in the manner
as is now or may hereafter be- prescribed by law The
Dumf~r ofccers and clerks in the several
shah be prescribed by the Common Council the terms
of all charter ocer rot crhed By law OF the State
shall be fixed by the. Common Council.
Alderman DopCr submitted that the amendment hs
referred 20 select committee to report whether the
Legislature have or have not exceeded their powers
lie prOyosed The following -
Resolved, That the Committee on the Law Depa-tmen Mt
be requested to inquire and report 10 this Board upon
the legal validity OF the amendments to the charter Of
this city, passed July !. 1851.
hldei man hEIiY supported the resolution.
Alderman GhiFriS opposed II.
Alderman SHAW said that ne would not apply TO the
Legislature an observation which applied to that
body by gentleman CT this city tiIe since, aud
FL carrying ont he objects OF the lobby but ne would
say hat II the Board adopted these amendments they
wt nd yio,s;e compact. and go greet way in violating
the provisions q the charter. No Legislature eau break
down tie ise cf the city while the Ccnno neil
bavo thr political power ana before the Board entered
upon any action aTreartd to him thar they shonld
teke the legal counsel of fonc q She able OF this
city. THIS Board acting under "A solemn charter,
ana no statute Law could attrit
kGImap S1rklrYAST upI csed the necessity ~ send
ing the % sets to tbs oom,nittee for he did not
tbnk that Tat body. with the aid of the very
ne perception Of the gentleman from the Twelfth ward
SHAW cou dhnoyer that the Legislature hsd cx-
crced their powers. Tie Lad hesitation ia aging that
IL The alterations which tsS Eoar' asked the Legislature
10 make. merely to permit them 70 monthly
instead Of once in four monihE it world not have met
With opro-ition and he called the gentleman from
the Twelfth and tie others with whom be acted say
whether they were not satisfied With tho amendment
which epal-gd i.ssm to meet every month. Tha Coul
men Council asked for this very alteration and the
gislature presunipg at the Common Counc spoke but
tho voice Cf the peoIisthgy having come fresh feou
the people - granted the aIucpdmept; AMI now the
Bosrd rsses tho question can the Legislsturc do 40
lie rspudated the iusinuaton that the Legislature was
mbly for carrying out the behe.s cf the lobby
lie contendsd that there necessity for referring
this H after to the Law Department Committee; they
could not consult counsel before the termination the
sessions srl contracts amounting to several Thousands
world remain u1astcd upon.
Alderman DoDcr said that the impression would 2
abroad that they lad nothing 10 do but the Legis
iasure ard haze an act passed to remove o.he
lead oi department. from oihce.
Al or soIoe observations from Aldermen HAVE. Shsw
and hey. the soutcp put to the yots when there
appesrd-Ayes Q; noes, 10
lar. Shaw. Cook, Dsrd, aud Franklin.
H;ws Br.ttcn, Ecls@stsr. tsnesiin ana pooisy '''
The PnE.i announced the resolution lost and the
Ck then preceded 70 read the minutes OF the lss;
scssion.
rrcrrsr or Tur MINORITY
The following protest then ha nled In nd read
The undersigned. having been called upon 90 meet
With the members OF the Board Of Alderman the ith
d August in compliance with ndment to the charter
d the ci,y. passed July IL, 1851 have given to the
nc ut the consideration so solemn an act seemed
20 quc ard have to the conclusion that the
afcr,ss.d is void and of no binding force
Iirst-BtcauSe the charter Of the city, passed April
., lsi9, act In the nature of COMPACT between
the reope Of the state Of New York and the people Of
the city ofN.w York The Legislature the state had
the power 10 pass act amending the charter II Il Ind
thoson 20 do. But that body proicstd to make the
validity &C s act depend upon the assent Of the people
al M N ul N aal tpgua h..