New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-05-26
;. M.rv of the attributes Of sovereignty BY

rpel M
a. finite meaning; and wherever the jurisprudence OF
ccuptry is derived from the common law, the term is
believed to be IN familiar use and TO have signhca-
| ton very similar 10 that II has with thus.
THIS statute, on the contrary so far from creating
any new governmental division of the State for gene
raj purposes (which IL is said the Legislature Is not
authorized 10 dob merely enacts law on one parucu-
lar subject for district of territory embraced IN four
counties limiting its operation 20 that district. III,
from the general spirit Of the Constitution negative
il TO be implied the power OF the Legislature 70
make governmental departments, or dIlsiohs OF
the State, the principle has no application to case
hike this. ,
that subject The district created by Is but section
of terrtSry OF the State designated and distinguished
from ts other territory for the purpose OF the appca-
lion Of this law aud in just sense general govern
mental district which is the only kind Of division to
which the reasoning Of the plaintiff is apphcab
The second objection TO the constitutonaIty of the
aw-hat based the idea that vesting the power of
appointment to these Offices in the general Executive
ii the State, is contrary TO the spirit OF decentralza-
ton perry AIDING that instrument-has been carefully
considered. That spirit does appear, examination
Of the instrument TO have been active in giving dlrec
ton and tone to the legislation embraced in it, AS to
local Offices they are very generally filled by election
appointment III the locality for which they are con-
stitued. Those for counties very generally filled
by appointmentor election within the county.
A county is a general governmental division, the
aIgett known in State. 1t has appropriate officers
for fransactDg its business. It's clerk, super
vsurs shers and other officers are ready for use for
the purpose of conducting an election or making an
appointment. II has regular permanent organiza-
ton for its use for purposes OF the kind generally
whenever action by ii in such matters IL called for;
and a. TO such districts local election or appointment
is practicable and convenient. Ii has always at hand
the machinery for making its officers, either by
election appointment and the Constitution, IN ac
cordance with It's general tone and spirit provides ex
pressy (Art 10, ~ that All county officers, whose
election Or appointment is not provided Tor by the
Constitution shall he elected by the electors of the
respective counties, appointed by the boards of
supervisors other county authorities as the legs
"lature shall direct"
Without pursuing the inquiry as to the extent TO
which the Constitution carries the theory of decenra
zatlon and without answering the question whether
that spirit az exhibited is dominant as to control
beyond the letter. that, in the absence of express
provision on this subject the Legislature would be in
hbited by it from comforting the power Of appointment
Ia such an Office these on the Executive of the
State, proceed 10 an express provision o the In
struu ent which seems to To control in this point.
The last sentence of Ant TO- Sec =, after providing
for city town and village officers proceeds follows
Gan other officers whose election or appointment Is
not provided for by this Constitution and all officers
"whose offices may hereafter be created by law, shall
be elected by the people appointed a. the leglsla
ture may direct" Here s found express authority
for the LIZ gslature TO determine as to all officers
whose Offices should be created by law, whether they
should be elected appointed and we think authority
further decide, how they should be 80 elected or
| appointed.
since the adoption of the Constitution this provision
authorizes the Legislature to direct the filling of them
by election appointment, at their pleasure The act
in question became law ten years alter the ADOPTION
Of the Constitution.
The offices created by it, therefore, must have been
created long after the date Of the Constitution.
But while as has been said Il is very certain that
these Offices have been created if they have any
valid eastence) since the Constitution went into
effect, it equally clear that they are not city,
town or village offices, within the meaning OF these
terms as used there and that the provisions in regard
TO Offices Of thos classes therefore does not apply to
them What particular adjective would express the
territorial extent Of their jurisdiction it is not per-
hans very easy to say and it is not at all important
for us to determine.
The provision of the Constitution just referred to,
seems TO us as broad and comprehensive as Its
terms import, and to embrace literally at 0tceS
created 6g iau after the Constitution 1ref INTO eBcct
Nothing in the context suggests more limited mean
ing and the terms too plain, and their meaning
too potent, to call for construction .,,.oselves
are not legally constituted Their argument seems TO
90 the length of assang the entire validity of the Of
fees, aud disputing their legal existence Without
dwelling on the point not pressed the argument,
that the existence of the office is not properly In con-
troversy here where for the purposes OF this acton,
their existence is admitted the reasoning on this point
has already been mostly answered IN the carrier part
of this opiniop in considering the first point treated
relating TO the territorial division created by tins act
But the duties of the offices and the whole subject
matter of the act-to w.t. the administration Oh Poce
ARE said TO be local. and their nature properly mat
ters of county or local cOgnzance exclusively and
hence ii is said that the creation of offices for this
anomalous district is evasion OF the Constitution,
| and in fraud OF 1t. e 49,.
class of the duties of government has usually been en-
trusted to the county locality but this has been Tor
reasons of convenience merely. There IL nothing In
the law the subject constitutional or otherwise ana
nothing in the nature of Police which renders its adj
minisfaon exclusively or primarily local, or limits II
TO the county or other district No duty OF the State
or sovereignty is general or comprehensive IN lis
| .ha dutr ffp vino the
throughout its territory, of preventing crime protect
ing the rights of persons and property guarding the
public health preserving order at elections, and the
other numerous duties provided for by this act and ell
}Ss ssG o9 Gushing ehsif Sc; 10 pickering isl
TIE right of the public and of each citizen, to pro-
lection from the evils of lawless aggression Is night
directly from the sovereign power ana the iact hat
the State has been accustomed to bestow this potec
ton. to perform these duties indirectly and through
the nsr,mentaty Of its members departments does
not diminish or show the want of power in the State
to doit directly when in its Judgment 1t becomes nee
esary or expeden the duty of the State to its
citizens any than the duty of one individual to
another discharged, by simply comforting it, depart
ments or agents authority TO perform IT, If they fail
to perform It properly .o ~hiGn lle na.e mon
10 interfere and directly tby its own night arm II heces
sary) afford its citizens the protection and security
which, as q compensation for the natural rights they
as individuals surrender and the pecunary and other
burthens they assume by becoming subjects and mem.
| bers of il, il has undertaken to guaranty them.
The other objection to the law relating to the prop
erty Of the city in Use for police purposes II is not
necessary to consider The validity of the act for the
purposes of this case does not depend at all the
| validity of it in that particular feature.
If il be invalid in respect 10 that provision, the rest
of il il so little dependant that aud Is capabl;
| of being enforced benefcialy without H. that the
validity of the act generally would not be controlled
BY decision of the question as TO that particular part
of it, either way.