The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1857-07-10

minstered with the recognition and acquiescenee Of
the courts, the bar, and people of the whole State
regardless Of political parties.
Although the police arrangements of counties,
towns, cities and villages subject to minor va
rations the leading features Of local eector and rep
resentative and responsibility were preserved The
variations of form did not impair the great princ-
pie of selfgovernment illustrated in popular local
elections controlling the affairs Of the interested con
stuent. The metropo,anpoliue bill has, in effect,
nu6ed these great and familiar principles upon
which free representative government rests. If
the principles upon which the decision in,quesiion
is based are recognised and control there is not
power delegated in the constitution which may not
be widely perverted, nor one prohibited which may
not in form be exercised. On the contrary, the
will Of the Legislature is the sole limit of legislative
power.
When the exercise off power is forbidden change
in form seems renders unconstitutional Ifexpressy
conferred upon and limited TO specific and known d
vision of the State by including another portion with
it, the constitutional authority is changed The po-
lice power Of the city Of New York, by the constu
ton devolvcd upon the elective officers of the city
upon those elected by that county. Under the de-
cision Of the court both may be deprived Of their
rights and the electors Of their privileges, and the
Legislature may transfer the whole police power to
the apponecs of the governor. The city and coun-
ty must pay the expenses without having the least
control over those whose acts determine their
amount The restraint of the will Of the constituent
upon the agent is wholly lost Representation and
taxation have relation to each other.
The same principle viii enable the legislature ef-
fectualy to strip the governor of his functions by
laws which shall be limited to district composed of
all the counties in the State but The court Of
appeals may be deprived of its effective Jurisdiction
in out of the eight divisions which it ex
ercises power, by forming special district with
tribunal to exercise its substantive powers BY the
union of two supreme court districts new tribunal
may be created and exercise therein original revi
sorry powers BY forming district composed Of fifty
counties, sherfs and constables may exercise their
functions equally in all of them. Magistrates may
send their process III each Of them.
New officers may, in effect, supersede the judges,
sherffs coroners, clerks, magistrates, consables,
and surrogates and exercise most if not ALL Of their
usual IunCuOnS. by ulYlSOnb OF the
| the governor, or some else, might appoint the
military officers in EACH to the exclusion of those
who have tho right under tho constitution Portions
Of the legislative power might be committed to new
ly-crcated divisions of the State Every officer in it
might be stripped of the substantial portions Of his
| jurisdiction and power to be conferred upon
| fnctonary, with less inviting fees, and
strengthened, perhaps, by all such inducements po
litca patronage usually holds out. The theory that
under State constitution the Legislature may exer
else every power not prohibited is the real parent
| of a thousand errors and multiplied tyrannes. But
the present has not that apology, because the
constitution condcs to the city electors the power
to elect the city authorities, who clothed with
| specific powers. The decision in question leaves
certain city officers by name, but strips them of the
powers contemplated by the constitution, and con
fers them upon officers Of executive appoint
| ment thus taking from the people what the consttu
ton expressly conferred upon them. To arrive at
this erroneous conclusion, the court necessarily over
ruled numerous decisions recognised as law in the
State including some Of their body If the prin
ciplc shall be carried ont, may readily be- by
nnscrupulous legislature, the State government in
nearly every department, may De transferred 10
tho appointecs of the executive, to the exclusion
Of the constitutional agents Of the electors, thus
| working revolution in the State in defiance of
the constitution and IFS guarantees. The substance
| is made to yield to the shadow Things forbidden to
| be done are accomplished by indirect means. The
Legislative power is practically without restraint
those suggested by the court being easily avoided
by the introduction of names and unanticpated
| contrivanccs IL the cords Of written constitutions
have so little binding effect, they are mcasurably
useless, and may well be termed ropes of sand
| CONGRESSIONAL NOMINATIONS IN GEORGIA.
| Hon. Hiram Warner, who so ably represented the
fourth district, Georgia, in the last Congress- having
declined nomination. the democracy of the district
have nominated Col. L. j. Gartrcll in his place. Of
| the nominee the Newman Banner says:
Col Gartrells services in che presidential election
last fall ccctor for this district fresh in the
objections of the people. His majority of ,6l5 the
Fillmore elector of the greatest liumphs
achieved for the democratic party in the fourth congress
sonal district 1t sealed the fate Of SAM who begins
additional wrinkle In his platform The people will rutify
in October the proceedings Of the convention and mani
fest their appreciation of Gartres noble efforts in the
cause of his country by running him into the House of
Representatives of the United States upon longer and
stronger poll than has fallen to the lot of any of his
| worthy and illustrious predecessor"
/