The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-03

80 10 $40 L. There rather doing In sugars
The sales embraced 400 hhds Cub muscovado 200 do
molsdo and ToT boxes bond for export terms given
another column. Coffee hrm with moderate sales
In fsegh for Liverpool there doing and with
rather better feeling, while engagements 70 the Continent
igh and rates unchanged
The Great Municipal Question Of the Day
The Rights of HIinOIltles
The decision of the Court of Appeals, which Is
given elsewhere, affirming the judgment of the
Supreme Court on the constitutionality Of the
Metropolitan Police law revives ia striking
form the interesting topic on which We touched
the other day-namely, the contrast between the
British constitution and the constitution Of our
States in refer ence to the treatment of mino-
ritiee
That singular patchwork of great truths, great
errors, liberal principles, and feudal nonsense
which is known to historians as the British con-
stitution draws with some distinctness the lines
between the sovereign ard the subject, but does
not attempt any restrictions upon the rights of a
majority Of subjects over . minority. Nothing
In the statute book of England can be used by
an unfortunate minority as a shield against the
expressions of an arbitrary majority. The mi
nority may complain and protest. while the mea-
sure of oppression is in progress; but the act
once passed, il is inviolabie. No court of justice
can review IL; no power In the country can rem
der II invalid Mlnorities, in fact, In England,
have no rights at all. There is nothing to pre-
vent the passage Of acts of the most crying in
justice TO them; nor II any means known by
b;,bt y>aa fyoO ~
mitigated They are handed over TO the majo-
rity bound hand and foot, to be dealt with accord
ing to the discretion Of their masters Hence
the several disgraceful acts which have from time
to time encountered the British statute book
the Catholic Disabilities act, the Ecclesiastical
Titles act, various Test acts, and q number of
other unjust, oppressive aud foolish acts which
we're designed by intolerant majorities to crush
out helpless minorities, and which, Ia many in
stances, very nearly accomplished their purpose.
Some Of these were penal acts and II illustrates
their character the spirit Of the age, and the le
gislative system of the country, to know that 30
lsgrantly unjust were they, that it was inpossi-
bile to obtain conviction under them from q
jury no matter what the evidence The law in
perjury of twelve, men all good and true; what
state for country, where the protection Of mi
rorites was reduced to such strait
With us, on the other hand, the due protection
Of minorities against the oppression of majorties
was On early topic Of study. The very earliest
constitutions framed-some Of the acts and
charters prior to the Revolution-evince q
IL Cor h. nc
When our State constitutions were passed, this
was perhaps the most important Of all the consi-
derations hat were present to the mind Of the
framIs How TO delegate legislative authority
TO an elective body in such way that such in
stances Of despotism and oppression a. had ORR
nally led TO the settlement Of New England and
some Of the Southern States, might be lmposi-
BILE here--this was the problem our lawgvers
had before them They solved it; by reserving
all matters not otherwise disposed of-thus in
GLIDING ell new and doubtful cases-to the arbi-
trament Of the people; by specifically designating
$50 far as wac possible) the subjects on which the
legislative bodies should legislate; by laying down
few clear axioms Of common rights, which the
Legislature could not violate; and lastly-the
highest court Of justice in the state final court
Of review, and intrusting il with the duty of
con pairing all laws with the constitution asd
pronouncing the nullity Of such laws o. did not
tally with that instrument
Such were the precautions taken by the earliest
Slate legislators for the protection of minorties In
the States We believe these provisions to be, In
A. Ill ~.
lions; those which are Of recent date have en-
lsrged and elaborated them, 80 as to extend and
confirm the object intended-the protection of
minorities. The design Of every constitution
maker in this country from before the Revolution
10 the present day has been TO prevent, by every
means, the enactment of laws on the European
model, by which chance majority could oppress
and unjustly injurc body Of its fellow citizens
numerically inferior to itself
The object sought has been several times at
tained-to the fervent gratitude of the people.
The best remembered instance in this State is
that Of the Prohibitory Liquor law. That was
o measure passed by a chance majority In the
Legislature, and calculated to Cypress and Sc
yereiy injure minority Of the people Of this
State-namely, the liquor dealers, whe protested
vainy against 1t while X was before the Legis-
lature. What happenedl The protest was dis
regarded; the bill passed; attempts were made
70 enforce II; an appeal was taken 10 the courts;
and the Court Of Appeals, interpreting this to be
one Of the cases where The rights Of a minority
were intended to be shielded by the constitution.
disallowed the law. OF the wisdom OF this de-
cision II Is unnecessary to cay anything beyond
the remark that no Legislature since has been
willing to pass another prohbtory law.
The unexpected judgment Of the Court Of Ap-
peals demonstrates the fact that that tribunal can