The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-03-08

ssely for public objects and purposes, with which
the private interest and estate Of defendanss strictly
red for the benefit OF the city . community, and
the end sought to be attained its good government
On looking into the charter it will be found to en-
brace an extensive grant Of political power egsla
tive, executive and judicial which, SO far Us granted,
represent these great departments Of the State gov
eminent, and which are lodged with the defendants
in their capacity as municipal corporation.
In the case Of the Presbyterian Church against
these defendants, it was expressly determined that
the corporation could not change its legislative W.
ers by contract" Therefore, the people of the city
have but to bestr themselves, to lnd ample remedy
The Broadway Railway will be tried upon its own
merits; If the people Of that city decide against it,
they can elect members of the Common Council who
will put an end TO it.; if they wish the management
changed, they will change it; il they wish the fare
reduced, they will reduce it, The power to punish
wrong to rectify abuse is now in the hands Of the
courts and people; and there where the consequences
are to be felt, let the responsibility rest Ny argu-
ment, then, in the first place Is that the proposed
bill is unnecessary, because the difficulty which has
arisen in New York. il difficulty there be, has arisen
in consequence OF the remissness of the electors
and they have it still in their power to rid themselves
Of il.
In the second place, insist that your interference
in the local legislation Of New York would be con-
trary to the spirit of constitution. During all
the periods of our history, the wisest maxim Of our
policy, and generally the tendency of our govern
ment has been to Observation-Disclosures reverse Of
Capitalization; to disperse much as possible power
and all the elements of corruption and misgoy.
eminent. In this State that tendency became
strongest at the last revision OF constitution. At
that time three great measures were adopted having
for their object decentralization, far Is consist
ent with the general government Of the whole. The
first was to take from the government and senate the
power OF appointing to offices, aud transferring it to
local constituencies the next to require, as far as
possible, general laws for Incorporation as to cna-
bic people at their homes to incorporate themselves;
and the last authorizing the Legislature to confer
of Cuvn eknr,
gslaton and administration. This idea of local le-
gslaton Is the great idea of our political system; it
Is the foundation of our greatness and security; it
has grown with US; it shows itself in our complex
system OF federal, state county, city, and town
thorties: and when it dies government will die with
it. The basis of our whole scheme OF government is
this principle" local governments for wisdom CEN
trail governments for strength" You may trace
this principle TO the earliest colonial settlements and
the seeds Of government there established have
spread through the whole country. To show you
how this principle is regarded by intelligent OBJ
servers from abroad, | have brought into the COM
Tlitee volume Of de Tocquevie, and will read
one or two passages.
He says, on page tortysix:-"I have already observ
ed that the principle of the sovereignty of the peo
pie governs the whole political system the Anglo
Americans. Every page Of this book will afford new
instances of the same doctrine. liz the nations by
which the sovereignty of the people is recognized
every individual possesses an equal share Of power,
and participates alike in the government of the State
Every individual is therefore, supposed to be well
informed, as vrtuous and as strong any OF his
fellow citizens. He obeys the government, not be-
cause lie is inferior to the authorities which conduct
it, or that he is less capable than his neighbor OF gov
ernng himself, but because he acknowledges, the |
utility OF an association with his fellow men, and be-
cause he knows that no snch association can exist
without regulating force. Ii he be subject in all
that concerns the mutual relations OF citizens he is
free, and responsible TO God alone for all that con-
Germs himself. Hence arises the maxim, that every
one is the best and the sole judge OF his own private
interest, and that society has no right to control
man actions unless they prejudcial to the COM
mon veal. or unless the common veal demands his
cooperation. This doctrine is universally admitted
in the United States. shall hereafter examine the
general influence which it exercises the ordinary
actions OF life; am now speaking of the nature Of
municipal bodies. The township, taken as a whole,
and in relation to the government Of the country,
may be looked upon az an individual to whom the
theory have just alluded to is applied. Municipal
independence is therefore natural consequence OF
the principle OF the sovereignty OF the people in the
United States all the American republics recognize
it more or less.o
pointed out the distinction which is to be made be-
tween a centralized government aud centralized |
administration. The former exists in America but |
the latter is nearly unknown there If the directing
power OF the American communities had both these |
Instruments of government at its disposal and united
the habit Of executing its own commands to the GIT
of commanding-if, after having established the &c.
neral principles Of government, it descends to the
details Of public business-and if, having regulated
the great interests OF the country it would penetrate
into the privacy Of individual interest freedom would
soon be banished from the New World. But in the |
United Staes the majority which frequently dis
plays the tastes and the propensities of despot, is
still destitute Of the more perfect instruments OF ty
ranDy. The townships, municipal I
bodies and counties, may, therefore, be looked upon
as concealed breakwaters which check or part the
tide of popular excitement. II an oppressive law were |
passed, the Liberties of the people would still be pro-
tected by the means by which that law would be put
in execution. The majority cannot descend to |
the details and the preriities of administrative ty
ranny. Nor do the people entertain that full con-
scousness Of its authority which would prompt it to
interfere in these matters 1t knows the extent Of
its natural powers, but it Is unacquainted with the
increased resources which the art Of government
might furnish. This point deserves attention. for if
a democratic republic similar TO that Of the United
States were ever founded in a country where the
power Of single individual had previously subsisted
and the effects OF centralized administration had
sunk deep into the habits and the laws OF the people,
do not hesitate to assert that in that country
insuferable despotsm would prevail than any which
now exists in the absolute monarchieS of Europe, I
or, indeed, than any which could be found ON this
side Of the confines of Asia"
No man who knows anything of our tendencies but
must come to the same conclusion. We must go on /
and decertralize and give to the local communities
just as much power as they can we'll exercise. This
is the great principle to which must adhere under
all circumstances and never suffer ourselves to de-
part from it under any exigency or clamor. This
to a less extent here In France, the contrary
principle prevails, and most OF the troubles ex
listing in that great and beautiful country, for
the last fifty years may be traced to it. They have
gone the opposite Of disqualification Everything is
made to centralize in the capital. The prevailing
system of administration is the most perfect machine
Of Capitalization that ever existed, and the despot
ism under which they suffer is the fruit of it.
Not only is decentralization the spirit Of the cons
tuition but the practice Of the Legislature under it.
What have you done? You have passed as many
general laws you could with respect to corpora
tons; and when you now grant private charter,
ject could not be attained under any general law.
You have passed an act vestng certain legislative
powers in the Boards of Supervisors giving them the
power to divide towns, and to erect new towns.
Among your general laws is an act on the
very subject to which this bill relates, and
by that you leave it to the localities to regu
late the whole matter for themselves. BY the
general railroad law OF 1850, you authorize the