New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-05-01
Of ali society. Is 20 extray agent That it is difficult 10
annnnse II can be serinnsly enter aimed.


Atty OF this act must come TO this that the State can
mt In any emergency take into is hands the preserva
tc3 of public order, for If il do so IN any emer
cenhy whatever, il must be the sole judge OF the
emergency and no Court inquire into the reasons
offtS judgment.
let us take the strongest possible ease of country
ins state Of insurrectn: Must the state refrain from
bringing in is own officers, with lts own force, 10
e.tsbsh public Orderl If il may interpose through
e. own ofcers then it follows that there are exigen
cies where the State may conhde the keeping Of the
peace and the execution OF ITS laws In county to
Tiers than the officers Of the county. IL 1t may do
40 IN one emergency, il may do II IN another, for il
INST Judge of the emergency for Itself.
Let us suppose that in this instance the State Gov
eminent found that the City or County Of New-Yors
pegleCtedo preserve order and enforce the laws that
Il. police had fallen into corrupt hands that after re-
posted elections il had grown and rapidly worse
Inst il refused 10 keep order a elections; that by it,
means many thousands Of fraudulent votes had been
pu into the ballObOXes; that 30 long 1s II was lei IN
itspresen state there could be- election without
rd and bloodshed and no fair deposit or casting OF
the votes et Us suppose more that the people OF inc
rest Of the State who had occasion 10 send ther prop
eny 10 the city come b. II III mselVes, lou"u .np'
their property and their persons were no, ade9uaeF
protected il the State Government found al ,nl''
could il not organize body of men, can 'hei1 Po',
nen or what you viii, under othcers seecteu
State TO keep order at elections, to prevent
voting and casting OF votes to protect the peSo duu
property Of all To this question: u seems 10 M
se can be but Sns SnSTe s aia an ESSENTIAL
S,,e ne - aity and Sovereignty which has never
been sure ndered . ,.. r A. -.
.o, mn, respecting the constitutonaity OF the act
hnt an, unwilling To pass over certain other cOnsd
eratous which affect some minds with more or less
force. .
onestioD art TO- sec. p To have been designed
10 shut the door upon questions Of this sort by leaving
the Legislature at liberty to create new offices for
any purpose general or local. and 70 provide for their
10 ttKDq No
expedent. The phrase "all officers whose offices
may hereafter be created by law must be taken to
include new county city officers, M well "a officers
not local-such is the natural import Of It's language
and if such had not been the intention, the word
"other" which is inserted in the beginning OF the
sentence could not have been omitted in the latter
clause of it,
When the Offices Of Commissioners of Police were
first created they were not filled by the electors OF the
county or city, or BY any county or city authOrly'
They were created and filed by the Legislature, which
enacted that certain officers elected for other purposes
and dutie. should fiji the new offices. That act was
unconstitutional if this be so, for II IL no more com,
netent for the Legislature 10 cr'ste new Once ana
Ell if themselves, by designating prlvale cltZeh 10
fu i In neither case has the person filling the oiice
been elected or appointed to by The local electors o
authorities. A., .o.4
Constitution strengthens if II does not Establish inc
oonctrct;nn which Is here mentioned .he true one
II has been urged that if this construction be ngh''
the Legislature may change the county lines or eSiao
. lsh new districts for civil government iht' uocS
ROT follow The Constitution requires that there
iouId he countless but it does not require that the
Counto should remain the same in extent or IN power
THE Jspi-lature may change the boundaries OF
countics ard make new ones; II may ncrggse or III
,n;niab The powers Of counties or towns What IN
sist uOn is that the Legislature may organize force
10 keep the peace and execute its laws al over the
State and make this force uni by placing IL uhder
State icer And if the Legislature may 40 's . lor
ibe whole State they may do so for part OF the
State and any part Of it deemed by that Legislature
mot proper -.
II woud be easy TO show the absurdity of some OF
the Arguments Of the opposite view. Can any9oay
tel whether the preservation of order s duty OF the
county or the city Of the county, or the town IL II
no more duty OF The county than duty OF the city,
and no more duty Of the city than of the town and
will add no more duty OF either than OF the oaie.
Suppose in the County of Kings, for example, the
Civ of Brooklyn should neglect TO keep the peace,
might or might not the county do il Or, suppose the
county neglected it, might the city and the town ul,
,ertake il Surely that which cannot be pronounced
exclusively county, or city, OF town duty, cannon
BE- claimed TO belong to any OF them
# is said that il this construction be admitted, the
Legislature may establish Distinct Courts embracing
several counties in each aud vest the appointment OIL
the Judges in the Governor and Senate. The answer
Ia This hypothess is that the Constitution in its judi
cia article has carefully defined the judicial depart
ment of the Government, a0d declared what courts
fhp Legislature establish. But lf has not denned
the Executive department, except IN its mead, nor
enumerated the various Offices which the Legislature
may create. . A. ,.:r 49,
lice may not be strictly county or city DUTIES YET ihe.
The Legislature cannot create offices unless their
dutes are bounded by county or city lines. ms no,
ton is 20 contrary to all that ehave been accus!ome"
t. in legislation that one would be startled win IT'S
novelty did il not appear on moment renecto On 10
be entirely unsuhstantial Is there word In the Con-
stitution forbiddng the Legislature TO create ohees
whose duties extend to several countiesl Not a
word; but the argument is, that II the Legislature
may create an office pertaining {" several countess Ii
may by the creation of great number OF othces aO-
sorb all the functions Of administration by offices
created by the central authority and thus cenralze
what was supposed Ia be decenlahzed'
This argument amounts TO more than this, that
the Constitution has not provided against all abuses ol
legislative power. Certainly 1t has not nuch Is
supposed To- have been LEFT to the respect of the repre-
sentative for the will of his constituents. Constitu-
tions do not OF themselves preserve the people, their
walton depends upon their spirit ana their watch,
fulncss over all oiccrslegislative, executive and
judicial
The Constitution, it is true, mentions or TO use a
fayore expression OF the day, recognizes counties,
cities towns aud villages. All that could possibly be
Inferred from such recognition Is this, that counties,
cities towns aud villages must continue TO exist win
the limits hcv had at the formation of the Constitu-
tion or with the powers then he'd by them.
The Legislature may, in liz wisdom, unite or dis
mite counties cities towns and villages. To admit
This as il must Dc admitted and yet TO claim that the
Legislature cannot appoint or provide Tor the ePponl-
In,pt IL any officer whose functions shall embrace Two
al more coulties cities, towns or villages Is an eX'
trayagance too great to be treated with serious at
tentOn. .r. -.
passed since .hc Constitution Of 1876 are also uncon
stitutionsl There are doubtless many others In the
same category: -, ...,,., 4
Commits onc:s. raining them, creating their ohces'
and defining their dutes - ,,o 80 ,c,