New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-03

or sed. Their ability, diseec: from much ~ ther l
<s,oniu9 and from then legal conc1Aoas. d-s- l
sent from them because they sanctOn s,txerose 81
legislative power never before exerted ia tcis sise-a
power which deprvts PORTION Of its people OF rSIs
hitherto deemed TO De OF the Utmost vsUe-,ne ngh'
10 select heir own local officers ard 70 cono-rt their
own local adms is.rajon; AM with 3 IN efec sab
versive Of the form Of government rains under 'ee
Consultation. A: the consultation which Sn.ued upon
the close Of the Argument my br thren, with sngie
exception seeing no constitutional isped!ment, e1-
pressed their opinions IN favor Of the validity Of tho
sc Of the 18th Of April 1851, 20 estabiish Metro
uoan Police District, and TO provide for the gov;
erpment thereof. Nothing hes snce occurred
10 reverse hat opinion. J recognize their
greater learning, their maturer wisdom, theif
finer Judgment; and l bow before their superior
authority. Yet, / cannot surrender the convie;
tious OF my own a,ind. Convictions carefully ana
deliberately formed and sincerely and conselen'ionsy
entertained And Al vndicshon OF the assent NnIcu
sach an exams alton OF he constitutional power OF
the Legislature to pass this act as the pressure o. ny
daily employments, and the proactea sessions OF the
Court have permitted me to make. AND by somc ar
cuuns drawn from the express words Of the Ccnsti-
FUTON from its spirit AID manifest Intention the
objects TO be attained by its vaiors provtions from
the aojudcatons Of the Courts ana me commentaries
rsr whi II the Legislature thought fit to exercise If
Of sseS SSs wSu s'e aoP.s ms
silence appreb as do, that may be made pre-
ou.no Of which rsne can estis.e think it hight pac.
de b. side with chs opinions sysa in srnanee 81 us oIoe
and vadJ some reasons ny 'neS 90 not ny
initston, upoa legislative power of the purposes to
srsnt OF the power make lave implies the power to do what
Same sI and ssuuIe Of the Government wen other
70 Be- BY , ppaa % as
CONSTITUTIONS the Govsnnea could have no Of per
The ve.tns exercise in .spsste departments would be an
idle eeresnony The ds Of ,efsOye,nnsent In the local
tba Of
select local ocsT and conduct the local
Sn .au sseI igd spps Or exist
tsP to ' create valid limitation. may appear and
& nS yet
while to s1e So b. sA Sd. p.ufs nscey i
but So strong mesbily of intention that intention
!: as 4 "R sns IS
established rule in the exposition Of statute. that the IN
eopssed sscsSer fhe real intention actually
win .ey: !s USs; as
81 art of the DS The BENZ yseS R0T Ss
Senate and Assembly it is vested no where else And 50
ri: Court .. fsiis M.rS$ Sc. ST.
Gbe power ,cEnafe l.w hot expressly prohibited b the
but he ..ssns By Of s sas ee DE
cas there shall Court Of Appeals and the third section
general jurisdiction in law and equity 1t is nowhere said
there shall be other Courts with like Authority Yet the
prohibition against their creation is too plain to admit Of
doubt Hence results from this rule of construction that
the people have done in the fundamental law the ess
stue shan DO; and When that instrument prescribe:
mode ofexeIcsins function Of Government such making
sIs prcsIited from prescribing different 1t within
of : c Circuit to S1Sse %
no express Constitutional authority TO do this and
NAV It ot b dons Because the prohibition results from tie
section fourteenth sce which declares that
given day So the n.tutns Court for the admin
words. Yet the legislative disability establish Court,
Scy ye PSe section the srticc that
Local CGSs Of .y and criminal S5 : nay be
be stated in this form: That the express grant oauthOrity that
Of S ,. b s ,'ess Hisn sa TSa Hs
e.eessd By certain Cous or Os;. Of The state !: eava
or 9S aes FI PoSaTS ana To- Il oPe.
HsR 70 o p s s K s SOC es Y nGo:on Bsy fo *
!; II Il e, . IL
new g.Cp.oT community Of men u't collected ;ose,he
siTesdy existing the and ma
institution; and forms q which had sOp me down to 20
.@spd iS by & habit cn By and the
instrumental them to pcp.tuate them to improve
times not TO impair their dform their fair proper
tons When ne osanc instrument uses terms aud sA pres
preston. understood at the time it was made;
|
hsS n 'V %hsh we're af the and @
dion :A sem % sR s o S
as frame or law OF esso
sovereign WIN The powers which conferred the restre
the organization and distribution thereof which provided
in each the object the common benefit Of
Story on tie Constitution 4o8 When the present instrument
formed The entire territory OF the State was and
appropriated by its civil divisions IL countless elites snd
towns. They were established By Titles " and Of
H. Sst q s, to- nsv If the It.. a ga' Il
the Constitution Some of these civil divisions referred
franchise in ts Judicial ana sss,yc articles concern
Sn snS a ' Of oe TSee te divisions are co.
svsl with Inc Government Te State has never existed mo
nsepsaby associated with counties cities and
They elements in the frame Of the Gov
eminent and 50 ,5s:ed In the ustium at that creates Il Upon
the pane re: Of interpretation they are to be 5gaded rs
nsso., Of the s1e S.,.ee s.a no, O 'ny
They subject "a control ana regulation by tac legislature
or diminish iseir uasSer, separate them into p ana annex
some OF the ports 70 the parts OF others but they must stu
cities towns their distinctive attributes
~ changed destroyed without conunlns the entire
scheme Of civil government provided in the Tie
State ct Lrss and ha been aggregate Of these o
many Ct tn pOWe ans s@ons Of These eoa
s:ieH'ions lead e conclusion that wss designed TO
lection ana local sdn.a. tTstion which the people then
susan s .a "a .i e .IS
writer's that the civil di vsns VI Epsand. counties nun.
Aed In all ne cha .scs Of policy dynasty OF
and internal and conquest whch mat country has
sbsted abandoned They substantially q, this me what
they before The Norman t.vasn WhereyeI the Arso'
sasEe and law these cOmuur tes each with local som
y p S.S. s:S SsR BE S " SSi @ s
the laws OF patient endurance sn!e and the know
oSsr peoa hs1 Vice. h ss., Of od"ra eiyo
The nuiessO OF publ spirit and " center. Of constitutional
lees al pow common satcr &c WELDED by