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

BiRNS
at Albany tomorrow with the most imposing public
demonstrations of respect for the memory of the dis
tnguished deceased. The invitation, we learn, can
not be accepted in consequence Of the urgent and
important character of the public business press
ing upon the President and his cabinet.
RESPECT FOR JUDICIAL DECISIONS
The New York court of appeals has, by vote of
six to two, held the ctypolice bill to be constit
tonal The opinion was delivered by Judge DEMO,
and concurred in by Judges Selden, Johnson, and
Paige, democrats, and Shankland and Bowen, repub-
licans, and dissented from by Judges Brown, demo-
crat, and Comstock American. OF the prevailing
opinion the Atlas and Argus says
'This opinion holds that the policemen appointed
der this act officers Of The city Of New York, could not
be consutonally appointed in the manner provided by
this act and makes the whole turn upon the very
dodge upon which the legislature acted that they
not city county officers but district officers and there
fore not within the constitutional clause requiring the
officers of cities and counties to be elected by the people
the local authorities The opinion holds them to be
officers whose offices have been created by law since
the adoption of the constitution, and therefore within
the I'd section of the 10th article of that instrument
they may be elected by the people appointed as the
Legislature may direct.
1t will thus be seen that the conclusion Of the
court wholly upon the question of power, and
not upon the great principles of right involved in the
exercise Of powers which FOR period Of ten years
no one supposed to exist The constitution inhibit-
ed the legislature from enacting law like the one
in question to operate upon city or county alone,
or upon the whole State. To avoid these prohibit
lions the lawmakers included more than one county
and less than the whole State, claiming that they
were not forbidden to lcgislate for district. The
court was of opinion that this particular act not
prohibited by the words Of the constitution
The democracy, whether satisfied with the grounds
upon which the majority place their decision or not,
acquesce in the conclusion binding upon the peo-
pie of the State, who must respect and be governed
by it, The law win be treated as valid and binding
one until repealed, which rests with the voters them
selves and the agents whom they may select rep
resent them in the Legislature Its yrannicalcharac-
ter renders this result certain at distant day.
Mayor Wood bows to the decision, like good citi-
zen as appears by the following extract from his cir
cular addressed to the captains of police
.'S: The court Of appeals having decided in favor of
the costitutionay of the act to establish metropolitan
district it is duty to yield to that decision and to
acknowledge the law binding and obligatory upon
conduct.
Whatever may be the opinion Of the great body of
the people to the tyranny and injustice of legislation
which dcpryes of the rights of sefgovernment and
however rcpugnan this law to local pride and
dependence have present but compliance
and submission So far therefore, the existing police
organization of the city is concerned formed pursuant
to the law passed anterior to 1851 repealed have
no discretion but to abandon and dissolve it at once and
forthwith It's official power is gone, and have no
authority to continue it another hour You WILL there
FORE assemble your and read to them this order and
withdraw them from all patrol other official service
BY order of FERNANDO WOOD, Mayor"
How nobly this acquiescencc contrasts with the
course pursued by the republicans toward the dec-
sion in the bred Scott case They deny the author
iy of the Supreme Court, and denounce its Judgment
hcapng upon the judges the most opprobrious epi-
thets, and imputing to them the worst of motives.
The democracy, like true men and good citizens,
promptly and unhestatingly yield to the action of
the court AZ the end Of the matter until the law
shall be repealed; while the republicans not only de-
ny the binding effect where decisions do not conform
to their views, but they wage relentless upon
the Judges whose opinions do not please them.
Those who cherish our institutions, and are in ia
vor of the supremacy of the law, ought to contrast
the difference between the of the two
parties. They should canddy contrast the course
of the two parties in this respect, and note the
difference between the controlling impulses which
they manifest. The one yields to the mandate of a
court of dernier resort while the other sets the de-
cision Of similar courtat defiance. The one is a
party Of law and order the other of agitation and
defiant disorder.
HON MIR WARNER