New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-06-26
TO THE PEOPLE OF NEW YORK.

MAJORS OFFICE, New. York, Juue ., 1855.
On the 10th April, Immediately after the adjourn
uent Of he legislature declared in address Il
the pubic, the obligation resting upon every admins
traive officer to execute the laws and the people to
I obey item; and that with reference To The Act jus
Il passed known as IAN Act for the Prevention of IN
| "ten persnCe, PaapsFism and Crime, abons viii h
tie pubic mind was greatly Ggitaed, used this Ian
gnage:
ma. II me l. sstnr whsa all expectations OF reps OF
otfeltiou hopeless thus make public ny position
% cutes uusr H. Lnd ri hon, sDowEs whetler an cad
gepoI tsve rovrr Msyerto tax. e ar 70 ~ execution
shall noim sci tAsse p1i1s s'hout day. ant an
norree Y conc urn 70 The public via the sane eandoF that
On tie 27th Apra. in another address stated that
bad obtG.5ed these opinions, and declaring what they
we're.
To that o. lie Dist 1ct- Attorney Mr., Hail. applying
exclusively 20 The law prevots 10 the Fourth u july
nsE it is rc- low Ne cssnry to refer; that Of VIZ. Dill
lon The CouDJslto the Corporaen, was stated 10 be in
sub.iarce
s,i the Msy- not sOweres tossr sud determine the
charge punisb Sfnes 8ug unde- pe 81 IT, prors
That he M-yoi zshaIzrd perform any other
duty under shan reqt poe ~ e. peorm the ca
ties sed upon t, bur the IN hi. dsecon to the police
b. ssu sgan any inf = that sec. ion Of the
Which IN us ate i even b. law OF ssy oftis Uzss
sit' All rheh aye 20. i,o eanss ' sss 'St o.
ed in z59suy such Eors, or tue vessels which hey ae
quors be,s WHOA peed to be imported by act
eCrgefs which pJ duty ihus eomPehoudius all thar
prsisy soyss BY the Di'icAtorney on other branches OF
the law LloVe .ieredto."
Subsequently, have examined this law with great
care being cncerely dnirous OF arriving at correct
conclusions az 10 my whole duty underit.
Ii is undeasble that the executive officer must as
sumo every ao- of the LEGISLATURE TO be valid. This
assumption, however, in ne present case, must be
adol ted with TeiereI ne TO the doubts expressed
a. TO some branches OF this law. In assuming the law
valid en- Iot 20 give up the duty of administering it
according tho views concerning its practical exc
sutton which have concluded have the highest legal
authority. While assuming act valid IL II also i'm
perntive upon the public officer TO ascertain what is
really required of Am, and in Of doubt as TO any
particular provsioB-the enforcing of which will in
eur personal responsibility by the infection OF injuries
men the persons aud property of the cltizens-to
ic,e CxtTcue caution. For while the people have
rio III TO call upon Dnblic officer to enforce the laws
they have night to require m TO seize property aud
arlss PERSONS, If there be any we-0unded dolbt as
TO the subsequent maintenance of this authority by the
Courts ], would not do TO tel tie citizen after the
Courts had decided that his property had been ile-
psIy seized and his person illegally imprisoned, that
the magistrate had believed himself authorized 10 or
der under the law, ard that there is no redress.
The presumption in that the officer assumes no lille
Gal reHers-thu be is Cnrefu TO avoid the exercise of
such pswers especially if they oppressive in their
character and incur personal liability. No public
officer be called upon TO DO this and t matters
little whether the liability falls upon the officer person
ally or the damages TO be reimbursed by taxation
uuon tae property of the whole people.
Ii il sefevideit therefore, that while it is my duty
TO execute this law, yet Its peculiar character, con-
nected with the doubts thrown around its true inter
pretaien ard its coustitutionality uses me in Civ
ing II wi At bclevet be the most accurate legal con-
sructOn 70 far az my office has anything to do with
IT, This have determined TO do and refer to the ae.
comranyiug order to the Police declaring what that
construction ~.
Ii will be seen that this order applies exclusively to
those duties put upon the Police by the act in which
they are clothed with the power Of seizng property
and anestng persons merely upon their own motion
without warrants or complaint Ii does not interfere
with their duty in the serving OF process or IN execut
ing warrants based upon the complaint OF Others Ii
leaves any citizen the right who is willing and able to
assume the responsibility TO cet the law IN the Courts
by attempting is enforcement. In my opinion no
tine should be lost in giving it this direction, that Ju-
dicial decision may be obtained to dspel all doubts
and ascertain fully whether every apparent condition
shall be carried out. 1t is scarcely necessary for me
TO add that if adverse to the views which have con
sdered IT my DUTY to adopt shall aequIesce anc use
every power at my command to give force and effect
TO that decision whatever il may be.
II is TO be regretted that far "a this CITY 10 con-
ceIued some other ana more practical means had not
been adopted for the suppression of lutemperanee No
citizen will 90 further do more To accomplish 50
Great good than myself | look upon ntoxcGtion,
and the habiiual use of intoxicating liquor, as vice
more destructive in its effects and moro debasing in
Nv own practice and precepts have always been in ec-
coIdnrce with these opinions and since holding my
prefept official relations to the people OF this City,
hive been active ard determined IN thus treating IT,
Rut as public officer cannot act upon the theory OF
etiics. Tie law must be my guide, TO be construed
according to the best lights presented 49, ....,