The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-18


and should the Spanish Cabinet embrace his offer,
it may lead 10 the final extinguishment of the
Spanish power in America.
The Municipal Case In ths Court of Appeals.
We begin this morning to publish the argu-
ment in the municipal case which is now being
tried by the Court of Appeals at Albany. We
shall Of course continue to do so till the is
completed, and the point at issue finally settled.
We are rather surprised by rumor which
reaches us to the effect that the Court of Appeals
designs to coune its attention to the single point
of the constitutionality Of the Metropolitan
Police law; that is to say, to the point whether,
under any circumstances, the State Legislature
has, under the constitution, the right of appoint
ing police force for this and other coupties
We say we are surprised at this, because, though
judgment deciding that the Legislature is not
ccnstitptionally authorized to appoint police
for one or more counties would of course put an
end to the litigation at the outset a judgment in
the opposite sense-decidiog that the Legislature
has the right Of appointing such police force
would by no means settle, or even touch the
main question at Issue. For instance, should the
Court of Appeals decide that the Legislature
may appoint such a police, and rest there in
their decision, the conflict between the city
and State authorities would be no nearer
settlement than it now is. Mayor
Wood would not he justified in inter
preting the decision Of the Court as au-
thorizing the substitution Of the Metropolitan
for the Municipal police; or in surrendering the
city property to the Metropolitan Police Com
missioners Nor would the Comptroller be jus
titled in paying any city money to such Metro
politan policemen. In fact, things would be left
in precisely the condition in which they now are,
and the benefit of the appeal to the judicial au-
thority would be lost.
To settle the question in dispute the Court of
Appeals must decide not whether or no the Lee
gislature can create State police, but whether
or no the Legislature can supersedc our NUM-
cipal officers confiscate our city property abolish
our municipal Offices, and dispose of our city
money without our consent These arc the only
points at ISSUE and If the Court of Appeals avoids
them or devotes its attention to anything else
than them, our time will have been lost, the ap-
peal will have been in vain, and the confusion,
disorder, riot and anarchy OF the past few weeks
will be continued indefinitely.
We have no desire to intrude upon the domain
Of the able counsel who are entrusted with the
defence of our municipal rights in the Court Of
Appeals. They will, we doubt not, present every
point in its strongest and clearest light At the
same time, We cannot refrain from recurring to
the considerations which impart to this case an
importance almost unequallcd.
1t belongs perhaps rather to the press
than TO the bar to urge upon the sober reflection
Of the Judges the facts in the history of Europe
which illustrate the contest between municipal
and State authority there. We would entreat
them to read at least that brief chapter in De
Tocqueville's "Old Regime and Revolution
which describes the insidious process by which
Louis the Eleventh destroyed the municipal Ii
berties of France. How he assailcd the cities
with his usual craft and subtlety; how he was sa-
tis6ed with appointing commissioner here, a
provost there, syLdic elsewhere; how, this point
gained, he never ceased TO widen the circle Of his
encroachments, and his SUCCESSORS carried out his
policy so faithfully that time came when there
were no free cities LETT in Frances how this lack of
municipal life and local energy has been for the
last sixty odd years the great banc and STUN
bling block and ruin and despair Of France All
these things DE Tocqueville tells in a very few
convincing pages; and if our memory serves us,
quotes as an instance of the opposite policy
namely, the free development of municipal gov
errment and civic liberty!
For the rest. VIC cannot but think the Court Of
Appeals will find great difficulty in ovcrstcpping
thepurely legal obstacles which intervene between
the ratification Of the law and common sense. For
instance, should the Court feel disposed 10 decide
that the Legislature has the right to supcrscdc our
policemen by the Albany men, il will devolve
upon them to explain satisfactorily the singular
confirmation Of the Mongomerie and Dongan
charter contained in the city charter Of 1867;
for that old charter distinctly grants to the city
the right of appointing police, of its own, which
grant has never yet been repealed And, finally
should the Court decide to confirm the law, that
decision must be merely nominal and imperative
unlees those sections of the new law which refer
TO the Board Of Supervisors and the police pro-
perty are amended. By the one, the Supervisors
were directed to fix the number of policemen;
they have fixed that number at five, and no more.
by the other, the new Commissioners were for
hidden to remove the police property from where
IL is, and at the same time forbidden TO use IL
anywhere except in Kings county, where il is
not-a pretty tough difficulty.
1t win require more ingenuity to frame judg-
ment ratifying the constitutional:y of the Metro
politan Police law than would conduct the affairs
Of the world for half century.
K,SsAs-A DISTINCT IssrE MADE Ur-It will
be seen from our adviccs Ivy telegraph that the
free State party Of Kansas have called together
their Legislature and State Convention, and that