New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-05-25

The Mayor and his friends have made grand
discovery; they have found that the original
Charter of this city is not entirely repealed-n
fact that it cannot be repealed, nor even in
validated; and so they are going to abolish the
Police laws Of 1916, which they have 10 stoutly
insisted are perfectly valid in spite OF the act of
1867, go back to the days of Gov. Dongau. and
.pYo;-. o. city watch. The movement is worth
something as a confession On their part that the
old Police Commissioners are in fact turned out of
office. But let us sec what the truth is in regard
to the Dongan and Montgomere Charter. Some
years ago, when there were more grave doubts
than existing as to the rights and authority of
the Municipal Government, the most eminent
jurist i'll the country, the late Chancellor Kent,
deliberately reviewed all the Charters of the city,
including that Of 1880, and set forth how much
ofthe Oldest had been modified or repealed and
explained the duties aud privileges of the Mayor
and Common Council, as then existing. The
ground taken by the Chancellor was clear
and conclusive; he assumed that all the
privileges granted by James H., in 1856, through
Governor DOngan reaffirmed by Queen Anne in
170S through Governor Lord Cornbury, finally re-
hearsed with extreme minuteness and regranted by
George H., in 1880, under Governor Montgonerie,
regularly enacted by the General Assembly of the
Province in 1882, and confirmed by the State Con-
situations of l777 and 1921 were absolute in law
and effect except where repealed or modified
by State Legislation or fallen into dlsuse from
neglect, change of conditions, or other circum-
stances growing out of the natural changes in the
character of the times and the people For instance
the power of the Mayor and Common Council to
make freemen at 60 per head has never been spe-
officially repealed; il has become obsolete. The time
of the City election, however, which was on st.
Michael's Day, has been changed by State law, and
thereby directly repealed although the original Char
ter established this electonday fopeyer." The old
Charter restricted the real estate of the Corpora
ton to so much as had yearly value of $4,000;
that has never been repealed but other laws, all
made by the Legislature, supercede the restriction
But it is unnecessary to go over the ground. A
hundred years of unexanpled growth; the change
from Dutch to an English population; the tran
sition from colonial dependence to freedom, and
more than all, the wonderful advances of science
ana nave tut SuaI
ter practically mere curiosity for the antiquary,
containing but single valuable and vital provision,
and that is the grant Of, property. This grant, like
nearly all of those called in question at the forma-
ton of our independent State government, was
| fully confirmed, and has never been disputed. The
possessions of the city remain, but all the forms OF
government are necessarily changed; and not unit
the year 1857 have the people ever imagined that
they We're independent of the State any more than
Of the changes wrought BY time and circumstance.
With regard to the City Watch, the old charter
gave their appointment to the Mayor, Aldermen
and CommOnalty, and in the same section added
surveyors measurers, gaugers, garblers, beadles,
belmen, keepers of bridewell, keepers of houses
of correction, keepers of aims houses, and crers.
VIII the Mayor undertake to revive and appoint all
of thesei for if he can make watchmeu he can
make gauser and a surveyor, and keeper of the
slms- house. Chancellor Kent says that the power
TO appoint some Of these has been superseded BY
Legislative regulations incompatible with its ex.
| ercise" When he wrote, the old Watch systeu
was still in existence. and he said so; but soou
sflerward. in 1874, the Legislature passed the
"Act for the Establishment aud Regulation Of The