The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-21
The MUNICIPAL POLICE BATTLE.
A Truce Between the Belliserents-Thsy are
Overawed by Public Opinion-The Points at
Issue-Glance at the Legal Position of the
Mayor The trial of Matsell-DismiSsal
Of the Municipal Board,
DC, L., AZ

Inc "sn easure oevenped III the progress OF the mum
cpa oaue yesterday was the extraordinary manifesto
ton Of public feeling Indicated in respect 70 the events
which have been now for week shown up in the HERALD
Public attention s well aroused, and scrutiny of hum
dred thousand eyes directed with sharp attention upon
every Of the shoa Of Albany sharks with which
black republican higher laws have beset tho chartered
rights of the city Of New York. The public Offices of the
City Hall, the courts and chambers of the law buildings
people passing standing under soops going in the
the merchant the mechanic every and
connection Of persons seemed occupied with
the subject This is q great end and the main end
Of Journalism. Its effect was instantly obvious The
parties both sides show their sense OF IL The
Commissioners, all hot for Q general municipal re-
welt, have all at once drawn In their horns again,
and their people have been busy stamping down tho
flames which they had just attempted 10 kindle Not
another station house had been attempted and at the Fifth
ward nothing, It Is asserted, will be permitted disturb
the orderly discharge OF duty.
The people giving detailed attention 10 their rights
"a citizens and charters and aws-Slate county city
and federal rghtsare 20 generally discussed that the
The great principles of local the rights Of
citizenship in opposition TO centralized power
heretofore. In this connection it is but presenting an
elimination OF the topics which have been the talk of
oil classes to state the points here which the police diff
Guilty which the most aggravated VI tho Albany schemes
II is an axiom NJ government that executive must
possess the power to enforce laws and obedience 70
the fundamental compact or consultation from which those
laws emanate. II such power is taken away there Is
clearly executive left, and with the paralysis or reno
val OF executive power Is equally clear that there Is
government in the sense OF free government, left II
the Declaration Of Independence had resulted in govern
ment which would have reserved the commend of the
hands Of King George MI obvious that svsry os es
detail Of national in the United States how
ever elaborate, would have been reduced to farce
These attributes, embodied in the President OF he
United States, essential 10 the existence any govern
men at ALL Had such powers been reserved 10 the
States and allowed the federal government Ia
clear that Congress and the national government would
once be reduced TO mere debating society.
This axiom with respect To tho federal government Ia
true in like degree with respect every internal State
county and chartered city within It's domain The Presi-
dent cannot usurp the executive attributes of Governor Of
State the Governor infringe those the elected
executive heads Of the subdivisions corporations OF Q
State The history Of this country Ia full Of
which nfngemen OF this nature have been successfully
resisted and the most unworthy act which executive
officer could be guilty Of would be sucb of
10 his constituents should betray shadow Of his execu
tive trust by yielding II to stronger any
zcd compact The right OF compact In this respect IL
snch and so nsurmounabe under system Of govern
men that even weak thing apparently the charter
aggressops OF the State Of Connecticut It's Governor
legislature the amended constitution Of State
The superior authorities have sovereignty in relation
regulation or distribution Of the executive powers qua
rsptied under charters but they have MOI the right
abrogate them transfer them 10 other corporations
10 usurp their exercise themselves The Governor senate
and Assembly " New York cannot citizen voter at
rate Of tax and his fellow another. This s one H.
OF the rights which The sovereignty OF
the Slate Is dcbarred from because Of the contract mued
and guaranteed in our system Of government
These ideas are more familiar In their moro frequent
connection Of recurrcncethe matter OF esate rghso
They nov, Sr almost the first time projectsd
national view by the pre-emneat prominence Of their
bearing upon the great centre Of tho commercial
of tho land. Much benefit will result the present
strife through the clearer apprehension which viii be bad
Of these righs
The idea remembered M at stake in the asi.
taon Is that the executive Office and attributes Of
Dcipal head Of New York city have been abolished in
power The right Of the Mayor OF the city Of New York
N enforce tho ordinances u the city government
cd TO be kcn out Of the OF that officer the
control ofthe City Council Tho county officers (supervi
sors and staff Of the Governors appointed aid de camp,
acting for subdivision Of the State 1.-THE Metroootan
Disiric-our counties are depucd by the STATE nncss
tureto usurp thoss In every light Of ndcpen
dent principle Of government this iemascula,on OF
The executive reduces the validity Of municipal acts
mere declaratory character, a u leaves them
destitute Of any engine OF force by which they be
made compulsory. II the city government has actual
executive chartered original right TO enforce lis acts by
consrani of police, then does II stand before
the community AZ lame In the attributes Of government
A. any city debating society, OF any sort Of con,rvance
for drafting legislative scheme without remoet power
Of IL osn to enforce them
Is upon this point that the present action tho Mayor
Ia based and upon the forth coming decisions OF the
courts will turn The assumption that supreme Court
Of the State OF New York Will decide that any projection Of
government can he asserted under laws and oonstu
uon, which shall be destitute OF the original inherent
power TO execute IL ordinances by It's executive OH.
TO transact rs executive functions through United states
marshal M having no right of sboror constable Itself
enforce rs decisions In this bearing OF tho Police bill Ia
m constituonaly involved and whatever boedegs prece
dents my be cited will DO found that they
tortured into parallel for grossly unconstitutional and
Irrational basis the assumption OF a NUM-
oipal government based upon direct elective franchise
des,tse Of an original executive power 10 enforce It's
ordinances.
Every charter from the old Doneran and Mou,romer,e
Instrument down W the last OF q necessity recognizes hs
fundamental axiom in the RICH, Of the MAY his cxecu
i've character. charter without this right would be
paradox Th assumption Of the carry out IT, own
executive power by independent police Of oxn u
doubuess an act Of It's sovereignty which N not
sary " question; but that right must carry with
Tho contingency that the expense n q expense
and hat mus be paid from the general the
Sa,e and at The equal proporilonaie charge ~ all the c
and property owners OF state with the execu-
i've character of the Mayor based upon constitutional and
coordinate right the rest Of the municipal govern
ment exiseo also his police power-hs right med
and organized force for maintaining and carrying tho
municipal ordinances This right the present scng Mayor
has assumed and must continue 10 long he
continues Mayor. There may be ample Ia for State
police Also The the But the right Mayor
tive authority whatever they may DO Designated u solely
limited by The discretion Of The city In respect
" he numbers and regulation Of such aids 70 The
executive enforcement Of ia municipal acts.
POSITION or THE BKLLIGRxHrs.
Is necessary " understand thus much 10 appreciate
yesterday in respect TO the current contest The con
fict Of authority In regard TO the control Of the
present Poi,c Department brings up, In the first placc,
different members Of tina, force guilty Of nsubordnsuoo
~ members of the Mayors executive municipal aids.
These parties upon trial removed by him THIS reno
val IL signed by he chief officer % the city
and the Cxy Judge He acts In this connection upou the
power recognized In him. and inalenable long as he u
recognized the executive officer Of the city His assump
ton Is not any assumption In the State premises q the
"inctropoltan" section Of the State The which no
exercises Mayor and Police Commissioner, In ooujunc
ton with the City Judge, perfectly consistent with the
uninterrupted efficacy and order o the duties az the
officials created for the subdivision OF the sate'the
Metropolitan district" Nor " this power OF the Mayor
'iDconsisten with the creaiJu OF like po~er 10 vet
In the Board Nor does The following, the sole re-
peang which bears upon the possible abrogailon
of the Mayors power, accomplish that purpose
Sec. &c. All satues, parts OF statues and provisions
Of law Inconsistent with the provsons a this here
by repealed, together with ali modes and qualifications of
appointment 10 Office members of police Departments
Of elections TO ooe therein inconsistent with The pro
visions Of this act, wbethe sucb statutes provisions
modes f qualifications relate 10 the city Of Brooklyn OF 10
the county Of Kings, W the city and county Of New
York"
s in view Of this tina, the Board. although had