The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-22
Municipal Rlxhta.

Municipal Rights.
The counsel who presented to the Court of Ap-
peals, last week, arguments for and against the
coostitutionality of the Police bill imp osed on
the city by black republican oligarchy at
Albany. did not. it seems to us, present the ques
ton in that broad comprehensive sense in which
alone it ought to be regarded. The question,
after ALL ia not what the Constitution of the State
of New York does or does not state in direct, ex-
pliclt ard definite terms, but rather what is the
general scope intent and meaning of the instru-
ment. The question has wider range than that
1t travels beyond the definite and express pro-
visions of the Constitution, and even beyond what
lawyers call the secessary implication to be de-
duced from it. The whole general outline of our
free republican, democratic institutions should be
taken into consideration in weighing and deter
mining the question whether the control of a
Metropolitan police is thing which properly
falls within the powers of the State Legislature
or whether it does not rather necessarily belong
TO the municipal authorities.
That is the comprehensive question which
the Court of Appeals is called upon to answer.
It's decision on ary narrower or more restricted
premises will not satisfy the people of this city.
If the Court of Appeals should confne itself
strictly to a petsifogging Interpretation Of the
Constitution, and should on that decide the new
police law to be no infringement of its restriction
its decision would only be temporary settlement
of the question. 1t would then be apparent to
the people that the fundamental law of the State
was violative of the inherent rights Of the coun
ties, towns and citiee; and an agitation would
spring up which would aim at and inevitably
end in an amendment of the constitution, so far
as to establish the involability of the rights of
municipalities. 1t is for the Court of Appeals to
obviate the necessity of that agitation and that
change, by making decision on the question sub
mitted to them, based not so much on the mere
technical force of the words made use of in the
Constitution. as ON the spirit which pervades the
whole of that instrument, and which animated
alike the delegates who framed ii, and the con -s,
tuents whom they represented in the Convention.
1t cannot be Tor a moment questioned or
doubted that the paramount idea in the minds of
those who framed the Constitution was 20 decen-
tralizc power as much "a possible, and to make
the counties, towns, cities and villages Of the
State independent communities, so far as con-
cerned the affairs of their respective local go.
yernments. The principle was to make them
bear to the central State government relation al
most identical with the relation borne by the ssve-
raj States to the Fedora! government. That prnci-
pie has been clearly expressed in the Constitution,
and practically acted on Each county, town,
city and village in the State has ever since-as it
had done before-existed as an independent GO
vernmenta community, electing all its own
officers managing its own public affairs, and only
subordinate to the State Legislature in such
general matters as necessarily fell within the
powers Of, and could only be properly managed
by, that central body. And even il the terms in
which this decentralizing principle was expressed
in the Constitution were less definite than they
are, it would be hard to see how the
supreme tribunal Of the State could,
In deciding constitutional question, overlook or
ignore that one grand idea Of selfgovernment
which looms up conspicuously in every article,
section, and clause of the instrument.
The strongest Jealousy Of, and the noblest
solicitude for, the principal rights Of cities are
not new things The histories of Italy. Ger
many France and England furnish US with
numerous instances Of continuous struggles be-
tween the municipalities on the one hand, and
the central government on the other. But ia the
State Of New York aud the United States, the
principle OF self government was not confined
simply to the large aud powerful cities, but ex-
tended itself TO the Counties, townships, and viii
lagos also. The rights OF the citizens Of Wet
chester and Richmond counties to selfgovem-
ment are identical with, aud equal to, those
Of the great cities Of New York and Brooklyn;
and a violation Of, or encroachment on, those
rights by the State government is as much a
usurpaiion as If Tie attempt were made by the
Federal government.
The only strong point presented in support Of
The Metropolitan Police act was this-that taking
into view the immense extent of the suburbs of
the city of New York, and the fact tina, the popu-
laiion, which has grown up from the business Of
this one city has spread itself over an area of four
counties. body Of mere municipal police, hav-
ingno jurisdiction beyond the limits Of the city
would be inefficient to preserve the peace and TO
protect this widely extended community from
msrauders going from one city and county into
another. That argument contains much force
and truth, though to carry it out to itslcgitimae
extent, IL would authorize the Federal government
to establish Metropolitan police here, because
the State sovereignty does not extend To Jersey
City or Hoboken. II may be, and is, judicious TO
have police force with ajurisdicton extending be-
yond the municipal limits. But does that necessi-
tate the appointment of Police Commissioners by
the Governor and Senatef Not at all Let the
gcnerel features of the Metropolitan Police act be
preserved We have no objection. But let the
Commissioners called into being by il be
elected by the people. Let the electors of
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