The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-07

ing the territory or chspging it, name. If the
provisions Of the statute, says Judge DEMO, had
been limited territorially to the city Of New York.
it would have been In conflict with the constitu-
ton But because the Legislature resorted to a
contemplate piece of trickery Eve do not now
quote The Judge, but give the logical conse-
quence of what be says), the great constitutional
principle Is successfully evaded, and this high
Court Will endorse the pettifogging scheme, and
give its judicial sanction to the legislative fraud
Some OF the consequences to which this judi
cial Endorsement Of law adverse to the spirit, If
not to the letter of the constitution, may give
rise are shown by Judge Brown, one of the dis
senting Judges. He observes that the provisions
of the Metropolitan Police bill imply nothing less
than the power of the Legislature to unite the
entire State into single district for the purposes
Of police, with its chief or project at the seat of
the central authority, and its subordinate chiefs
and agents in every city, town and hamlet in the
State-that the appointment and removal of this
numerous force, and the dispensation end distri-
button Of its immense patronage would follow as
incident to the main power-that the next act of
aggression must relate to finance, to taxation and
to revenue-and that the Legislature might final
ly assume the appointment of assessors, tax col
lectors and treasurers, and dispense with boards
of supervisors. Let this scheme have effect, says
Judge Brown, and the constitutional rights aud
privileges of the counties. cities and towns, as
separate communities, will perish and become
extinct
The question now to be decided by the people
of this metropolis and of the State at large is
NEST momentous one. It concerns in only mi
nor degree this Metropolitan Police bill, that has
been declared constitutional, and we must respect
the decision of the judiciary. But it concerns
also the very life of our republican institutions
Dear and valued as are our municipal rights, the
preservation Of our system of government, mady
assailod by o reckless black republican oligarchy,
is dearer still ALLOW this latitude of power to
the State government, and there is no reason why
the federal government should not adopt the
same plan Of Capitalization. If the State govern
ment can, under the new decision of the Court of
! Appeals, disregard and override the reserved
rights of counties by the formation of districts
embracing two or more counties what is to pre-
vent the federal government from doing the same
thing with two or more of the States by erecting
them into provinces The one is as unconstitu-
tonal and as unrepublican as the other; there
fore the reasonable blow dealt at our municipal
liberties by traitors at Albany affects not alone
ourselves, but the people of the State at large
and even Of the Union.
There is but one safe way OF dealing with the
question. That way has been pointed out by the
Judges Of the Court Of Appeals. 1t is to have
the constitution amended in such manner as to
70 establish on a firm and secure basis the right
of the people To local self government There is
not a citizen in the State, except he be imbued
with monarchial principles, who does not recog-
Mise and admit the necessity of such an amend
ment. Let the issue be kept in view in the next
| election Of Senator'S and Members of Assembly.
Let it, in fact, be the main issue. Let Legisla-
ture be elected pledged to respect the rights Of
the people to sclfgoyernment, and to take the re-
quisie measures for the constitutional recognition
and establishment Of those rights By an amendment
| o d. constitution itse!f an he legal wuy. We have
been plunged into revolution, and on ourselves
it depends whether il viii result fatally or other
wise.