The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-18

recognized
and snsfer the powers and functions Of local adnisra
ton, parcels from them 70 other newly devised districts
created for such special PURPOSES tho constitutional div
would become wholly Insignificant every political
sease and Ill local officers, judicial and administrative
might DO appointed by the Legsasure lis agents Such
q construction would confound whole civil policy II
D ovniens Of the constitution
II was worthy Of notice that In several States OF the
Union the gerry Wandering disposition had been resorted
changing electoral DISTRICTS Legislatures had asked
Judges whether they could do So add be Judge, had
sponded the sg,ure that they could Some OF these
responses very udicrous This gerryanderng pro
had beer restrained in many Of tho constu OF
providne tha; alterations should only be made at fixed
intervals OF seven years. and so it seldom happen
that desire change tue divisions presented itself
exactly al the time at which II might be done This
cidence Of accidental circumstances With the coming round
of sxed periods would seldom occur. He proceeded to
read some more Of their propositions follows
leading iuten broadly and distinctly marked In tho
constitution, The decentralization OF power. Confidence
IN the good sense OF people, aud dsrust o. delegated
expressed IN formal words but they necessary ine-
renee from the whole structure of the instrument
The Governors erm was reduced and bis patronage
appihilsted.
Q fhe Senate Invested of It's former supreme con-
troll over the appointing power, the judiciary and tho
st1tion iteen The Senatorial term was reduced, the Sc
material district diminished, and by consequence, the
sen1e let down 20 platform, little, anything above
that occupied by the Assembly.
8. Single legislative districts were created.
All the important state cicers and all judicial off,
cors were made elective All local officers were made
locality.
s. The pay of the legislature strictly limited.
6. As practicable, the of forming election
districts withheld from the Legislature and vested in
the county authorities.
T. The only form Of "gerrymandering'' which faction
had heretofore invented and put in USE strictly
SRA ned.
This bill was new form Of gerrymanderng. Here
they hit upon a method Of cutting up disrcts and
for a totally purpose or course there ex-
press prohibition against it. There puu hment
provided for parrcide until an instance OF the crime
Tukp porn-rne Metropolitan Police act, in It's whole
scope and design, and in every one Of i,s provisions Is
repugnapt to the letter and spirit Of the constitution and
II is consequently void.
/. There manifest intent pervading the constitution
that districts shall not be created for permanent purposes
Of civil government which new, anomalous and
known 70 the people and to the Constitution itself.
The Legislature cannot be permitted to deea this de-
sign or to crcumvcnt and overreach the provisions OF tue
fundamental law BY new and andeard Of devices. War
ner vs.: The People, DEMO 275)
with powers Of internal government through
officers chosen In and by the vcinsge, Is the distinguish
ing feature Of free State carry this principle 70 the
ume St practicable exten was leading objec, Of the con
sttuon all local officers may be appointed by the cen
trail power that object must fail, and each county city,
town and village, far official patronage s concerned
may, by legislative magic, be reduced TO the condition Of
Eastern pashano satrapie.
might for tie creation OF theee anomalous govern
ptal districts Such not the fact and if II were, the
people Ia their fundamental law have refused 10 acknow
ledge it.
l. The divisions recogn zed for permanent purposes OF
civil government contemplate society in its normal con
don The exigencies Of insurrection, war; pestence IA
mine, &c invoke the military power Of the State the
EN- 'oyment Of temporary civil agencies, not permanent
officers
O. Pilots and coast guards OF every description must
always be employed in reference to natural divisions
They do not come within the idea OF arbitrarily formed
LEGAL distrcH. Ocers TO attend the of
sells property along the whole of natural
artificial stream or even along railroad or in balloon
route, when one shall be established, might well be
Hospitals and Ayuns for the reception Of patients
without reference to the local residence Of such patients
and other public establishments Of like general
chaI arer, have no feature OF political locality.
4. may be conceded that many acts which HAYS been
passed for the draining Of np and for the building Of
bridges court houses SC by State appontees within the
limits Of particular Counties ci.ics towns, &c and ct their
Ss o are mere s thor t0s
head, much rremedabe abuse OF the legislative power
and much virtual usurpaon may occur But the want of
ing down the barriers which have been provided others
AL the Instances that had been brought up assail
He admitted under the latter head that there are many
violations Of the spirit Of the constitution. The fact how
ever, that there Territory within which the conettu
Ia open violation Of the constitution In other
should not be prevented This WAS all the argument he
deemed necessary TO make on the general proposition
70 the construction fthe constitution In reference local
govern men; and he invited attention to the little Bit
originally presented to the legislature as sppnca
be 70 The city or Now York Alone and II pre-
sented to The Attorney General for his opinion,
~
General replied that would not be- And then the idea
struck some very profound constitutional lawyer that the
difficulty might be overcome by taking IN slice Of terri
tory additional TO the city, and calling II district And
this was based on the following eoicil to the consu-
utor-
Al other officers whose election appontmen, is not
provided FOR by this constitution and all officers whose
onces may hereafter DC created BY law, shall be elected
"Now }" sa;d the constitutional In xycr cal you have
do TO GET set OF new ocors, who did not exist before,
and voc must take the location tor which they ap
q n. n q
Call IL district, and you viii make the ofce one"
We'll ths-he submtcd-was rather queer kind OF new
Office II might well b. said that under the char.
ter the hayoraty was rev Office he deemed that this
oou,rvaDoe 10 evade the ooDsu,uuon would not Go.
Even the general concluding words OF art 10, 2,
sbould be deemed Of obscure doubtful import they
cannot be construed sci aside Ter imperative
local officers me operation claimed for them would
make void the first and fundamental article In the bill Of
rights,
l. IL these words az probably designed by The commit,
tee who framed the section shall be deemed applicable 20
local officers only, then they must be construed reddo
an1ild sod, e., collected" by tho people OF the coun
ties, ciues towas aud villages appointed" by the au.
thoriiies thereof, % the Legislaiure may direct.
II hey are 70 be applied 70 al oaicers state or local.
The principle Of construction must be followed AZ
To saio Ocefs they too must be elected" by the paope
Of the whole STATE, or appointed" By State autho
riiy.
O. This construction Ia necessary 10 avoid the inadmsss
bic ccrclsJon that tho people, by III wcrded supple
ment have virtually repealed great part OF their own
Fourth roint--rnc repoallus ciause is imperative.
l. The LeTilaiuro ava no, intend TO abolish the p-eex
stng ystc, dncgs this device con,ry oil TO take Ia,
place should take eject. Simple absolute and uncoui
tonsl repeal was ne; Intended but only Substitution
real rb Boo Gins vs.. the Sa,o - Asbsma 1856, no.
Jason vs.. The State. Euglish's ARK r., s.si)
.. The whole design and frame work Of The act 6ercnd
upon The provisions which void. In such oase al
Dccen.s must fall with thcr principal. Warren va
charlestown, Cray, 81 ", es kxchange Bank HINES
. Ohio state r. 3i1
Iifth Point-Tbe Judgments o. tho Supreme Court
should be reversed and Judgment entered tor the people
Toey therefore claimed. Tor these aud On thess
principles that tue decision Of tho Court belou Sd ,ud be
reversed and iha; the Law should be declared inopera
tive and VOID. lie fouro tenth point made the other
sde that the q1o inzTunt0 no. the proper mode Of
procedure Inc amount Of that uosc gentle ncu
having had Office made for themselves, could
no, be put out Of II BY any known process d law,
becaute was not Office BIZ, function. There was
r7thnF In the arrumeu, Tne Mayor Recorder AMI CITY
Judge are on oo, Police Con- uP-iopc-s and from This
rghfu olcc hey hsd been excluded In regard % ,his
point re ref rred 10 state against Scou, "a Bnuet's Ma
souri, Reportg, h24-e This attempted e-sson Of
the ursfcti Of The courts and the effect OF would be
that The courts bad remedy such q case
rtgc ffrnonds thought u proper 10 state tne ron he
would assume He woull press thai there were four vo