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

toere no part Of this kingdom which hes nos within
SoWy Every county governed by yearly ofacer-he
This is rather better and more exactly express
ed In awort devoted to the once Of Sheriff In page g.
ehov ing that this division is old the tune
of Alfred The English name In Shire" which Is
taken nom An old Saxon vordhe verb Of which signifies
to divide The shire Of England is division Of England
according to the anci ut language and tho shree" 10
the keeper OF the shire.
"she,an" Is said to be the word sgnyiDg to divide.
The modern title know is taken from the Of the
officer, In confidential law, to whom the government OF
the district 10 entrusted is chsnge the ph rsse,
and not change In the intent Of tho When speaking
Of the thing Another writer says that 10 process Of tm
on this affair the Sheriff, the CT Il Administrator OF tue
county, has now totally deyolved On referring to
Bouvers law dictionary, find the wrd "county" de-
fined In precisely the same manner. he says Z" II I.
district into which State is divided " rhe isugusges
gsnty developed is the largest civil vision Of State
rba writer on 10 show that every State In the Union
IL divided in this way Counsel referred In refsrsnce 70
the smaller divisions to the word constable" as the deh
lon in found In jacobs Law Dictionary vol 2, page 81
There he said to be civil immemoriel officer having
the charge OF the cons6blewck the Sheriff ha
of his BALI wick, the whole county u also appeared
that ancient practice Of England To allow a
stable 10 travel over thu whole realm with his warrant
merely requiring him 70 have the endorsed by
the county magistrate Counsel ase referred another
old word, the history Of which il also given IN Jacobs
the word :" bailif" he also invited attention TO the
phrase police in Jacobs Law Dictionary, in which they
would find the word '.polce is Intimately Connected
with The locaLacn Of the power Of the executive govern
mem With these few preliminary observst ms, he
would proceed 70 call attention the points, frs observing
Mat their primary proposition that the consti.
uOn did clearly in the light the legal and historical
truth, that at the time OF It's formation the SssIe
OF New TX was an existing, orgaazed, constitutional
comnun divided into masses with reference 10 terrific
rial limits designated by the OF Counties cities towns
and villages would be found that the CONSTITUTION hsd
made fundamental law for the counties, the t,Srs, the
ese and having made for any hing else, the Legs
laure the State OF New York had undertaken 10 say
vtisses shall DE- no more. Henceforth we viii make dis
uice and precincts. We will make Mayors Of districts
tina. sha be appointed by the Governor The constitution
sbsl stand sbriv elled instrument aud will govern
the tale ourselves was that notion the part
Of the Legislature that they arragned before their
Honor Ii thi assumption TO be maintained it sould
oe seen that the legislature could do great deal
than they bad done the last session aud Ia doing
would be beyond the reach Of any power in the xAte
In 10 part rton Of the constitution is there word
about TIE uacSl depaitm Of the State Nor is there
single wora about the jurisdiction OF any Of the
they we're tod, for instance that the Supreme Court
to have general jurisdiction in hw and equity. Lawyers
knew that that only meant that it's jurisdiction not TO
be limited 70 pure questions Of law. Again. courts
authorized for counties, towns cities and villages but
aoro about courts for other divisions or tic State
TIA, this legislature might ablsh court alongside of
the Supreme Court might make ary number or district
courts invest them with the jurisdiction of other courts
and provide for the appointment OF the judges they
might deem IL There is general nvestture juris-
dston here and no negative the cresou Of other
courts aud tribunals Was this eolsttuu ,nsl hs said
be admitted which would e<ts 5ish precedent for the
overthrow Of the judicial authoryf They sAd in their
It !. the office OF written constitution 70 declare, In ouch
FORM as shall compel obedience the form and frame work
OF thai government which the supreme authority
proved No language could adopted sufficiently exact
10 accomplish this object with unerrng certaioy either by
enuncatou Of principles by minute regu laton
Of Details but experience has proven hat II may be eff
feced by CLASSIFY the powers OF government and vest
ing them in distinct and independent departments The
constitution OF this state adopted In lSi6 fully and pre-
csey deveopes aud In It's wording acts this prac
pe-consequepuy, cont AIMS more eiectusl guards
against administrative abuse than ever previously
instituted in the fundamental 10 OF any people.
A natural sequence from this mode or treating the
saoect lew declarations OF prscpes and lev definitions
OF power or restraints upon liz exercise found In the
Instrument.
he maintained whatever any thought OF the const
tuition, that this was literally and substantially true
An abeoiuely independent Judicial authority insti-
tued ee rom the Interference control Of any
In the state divesed OF patronage ard removed from
ducnon By legs atve rewards by popular favor
With the department, thus elevated above assault and
above temptation, wa, deposited the power Of declaring
evsde L. Tois, indeed in express terms or
By any verbal definition but by that necessary and nev
table implication on which nearly the whole system do
ponds, resulted from the very oIstence Of the courts
which were called into being
RThey thus found the Judicial authority not otherwise
created than by calling the courts being The Iegs
atcre have DO more to 90 nth the creation OF the judicial
department than the Inspectors Of Election have TO do
with the results or the election TIE courts come into
being independent OF the legislature and the Legislature
is pobis ted from ttnptug them by being prohibited
from increasing their salary oue xpence. There seemed
10 have been peculiar sort Of dignity in mode OF
carrying into being the Judicial department Its powers
were len to be ascesned by Its wisdom Ie autho-
this sres; leading element of constitution principle
or aninus Of composition adopted by the trainers OF this
cary with any deanop Of ne powers Il was the same
spirit that the subject civil subdivisions OF the STATE
had been con'cmpa,ed BY ne Trainers OF the constitution
the d.vsons, but had proceeded 70 make Laws for The
cites, counties, torns aud villages, aud In doing thai
they did all that hey supposed necessary.
ne second sub ,son Of this point was
The judicial thus treated existing entity
requiring no definition and not depending for is authority
rfrtIW AZ In
tho known an tcc-siomod civil governmental divisions
Of the STATE whuse existence Tal with the State
endowed with ho essentials Of po-petuiy Consequently,
when rules were given for suppyln ocers con iuct
the administration and government OF counties, cities,
towns and ysses, the shoe subject OF local officers
brought completely within the operation Of rules
would be seer tina, sfer Organizing the several de-
psrmenu this subject OF local government disposed
OF In section 10 u The Nonstluiion would be argued
doubuoss, that the legislative power embraced good
deal II certainly did II would be argued thai there
we're no restraints on It, power, except such 10
be found within the constitution. IL, did not moan 10
guarrei with that p~opo7i,on. Tic conceded that u had
the power 10 do everything which the Legislature Of any
civilized peepe might do without shocking the Of the
unity The dea'of bringing down constitution 10 the
rules Of copveyaucer's Office NOT 10 be entertained
when The peope make pes eonzuinuon they have
power we're, the poenoa aud meaning OF Il,
and have Only 10 make the nten, Appear the brain,
The people the their authority ~ supreme
law glvers may right y ado, Their own methois OF de-
caring their viii Necessity prescrbes toe only restraint
mas be developed Is no, rnserisl.
Ar the gods OF ancient tines were made 70 yield 70 des
tiny 90 the people made "a yield necessity. Taey
must make kno=n irtelisby their meaning. but he
famed the authority OF this court TIA there such
thing necessary impct;irr AID erred N tae
OF BaIto Hnroj, Selden, $50. The state Mace,
Maryland Reports $50 and vsaborne's lessee Dor.
DALAI sos aud TO lord Edores definition Of the
term " necessary imphcston" Now Il ne that con
Stistons must be approached by judicial authority with
the greses retpeci but time ual the constitution
should be tersly Interpreted. The second point which
they submitted Ma this
The intent u the people IN their institution Of 1876 70
accomplish various ebds no; propcundcd In direct words
nor mar cted BY press prohibitions, eaIqarcn' Courts
created and aato led b. The sXh article but there
u tNpross iBvcsinre OF tLe Iaacnl power, nor any
ptoh. 10 create other State o'urts han the Supreme
Coun and Court OF Apptsk, % create Inferior local
courts for districts and except such protib
may be implied Or Inferred from the apparent scope aud
detign Of the whole instrument exhbttd BY w detailed
prev isions his implication cannot be admitted the ju
dietary E, as thought 81 be IN Kennedy. de
penoent for al lie pow upon the will OF the sdmnta
I've Departments Constitution Of 1871 article section
HSrcth's heirs HcDtIrcs ccysces j. j. Marsh 4, 20S.
. Noproe Preface. Monroe Prcface)
The counties o. the STATE, and ~ cities, towns and VII
tr f~Nfsr hrt On