The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-31
The Recent spectacle IN sew Yerk-The
Balance Whscl OF Political System.

Balance Wheel OF 0~r Political System.
Tomorrow may be decided the last legal
question arising out Of the recent conflict Of
authority between the Legislature and the NUM-
cipaliiy of New York. On that day Judge In
| graham Will pronounce his judgment h the
| matter of the Street Commissioner difficulty;
, and that decision may put an end 10 all
further litigation on the subject. As in the
case Of the Metropolitan Police bill, as soon as
tie question is decided by the competent autho-
rity immediate obedience will be yielded to the
mandates of the law. Any Interior action which
the Importance of the constitutional principles in
volved may suggest will be reserved for the polls
that tribunal of last resort to which the Ameri-
can citizen is satisfied to carry his grievances. 1t
is fortunate circumstance for the stability Of
our political institutions that our people 20 fQlly
appreciate their general soundness that they are
not induced to push their feelings of resentment
and sepse of independence to the point OF col
lison with the law.
This moderation and self control are to be attri-
buted to the changes which time has made in
public opinion, without any authoritative inter
ference in regard TO the main principles Of Our
political system. The most careless observer Of
our history cannot fail to have remarked this
tendency, and will easily recall instances of its
operation. What more striking illustration of ii
can, for example be found than that furnished
by the recent conflict between the city and State
authorities: A brief review of the facts of that
struggle will serve TO show the extent to which
this respect for and obediecce 10 the law are car
ried by the American people
The Metropolitan Police bill passed last win
ter by the Legislature arbitrarily dispossessed
the citizens of this great commercial metropolis
of a most important branch of their right of self
government namely, the control of their own
local police, which they had always exercised,
and placed il in the hands Of Board appointed
by the State authorities--a usurpation of munich
pal privileges which the Parliament of England
has never Jet dared to undertake.
This legislative interference was resisted on
the ground OF its unconstitutionality, by which
those who approved and those who advocated the
active opposition, threatening daily to he con.
veried into aimed hostility. Every lover of
order in the country looked on with anxiety,
doubling and fearing the result. But there was
a redeeming principle which controlled and
restrained these elements Of mischief II was
found that II was in the power Of an impartial
tribunal to decide this vexed question of consti-
tuIional law, to which the most heated parti-
sans professed their readiness to submit. And
well was this profession carried into practice.
The Interpolation of the Judiciary was invoked,
and it was universally agreed that the decision
should be authoritative, and peaceaby settle the
matter in controversy. A case involving this
great constitutional question was brought before
the supreme judicial tribunal Of the State, and
meDt was within the constitutional power Of the
Legislature. and therefore valid
No sooner was the decision pronounced than
tranquility was reftored. All opposition 10 the
measure ceated, and il is now in a. full force and
efficiency % any other provision in the statute
book. This submission of the people to the de-
cision Of the peoples judges is a most honorable
trait in our national character, and n oonserva-
tive one, too, without which, indeed, there would
be no safety for us. Difference of opinion must
necessarily arise in the execution Of the powers
Of government, as well federal as State; and with
out this appeal to the umpirage Of reason. pro-
nounced by common arbiter the resort would
be to physical force, with all its train of evils
But this universal sckno sledgment Of the just
authority Of the Judiciary as a balance wheel in
cur political machine has, as we have already
stated, been the work Of time and reflection
Nore of our constitutions have in terms conferred
or recognized the power. II Is deducea from The
nature Of our institutions, and our political or
/ gsnization, and not from any express grant. The
4 generation has not yet passed away which saw il
icIccly contested and denied. Some fifty years
since II was q subject OF warm discussion in al
most every part Of the country, though we are
not aware that II was al that time brought 10 a
formal decision in any other State than Ohio.
There, however, the proceeding assumed the most
imposng form by the impeach nent Of two Judges
by the House Of Representatives, and by their
trial by the Senate, for deciding an act Of the
I Legislature 10 be unconstitutional The incident
| Is worth brief Retrospect
A cursory account Of il is given In the prcli-
minnfy sketch 10 the statutes Of Ohio, prepared
/ by the present Governor Ch~e But many Of
the characteristic facts throwing light upon the
Proceedings and the parties survive only in re-
collection; those who were personally concerned
In the transaction have almost all passed from
TIE stage We have made some Inquiry, and
can nod only one person now living who was a
prominent actor in this strange Judicial drama.
This survivor is the present Secretary Of State,
Gen. Cas-, Who was one Of the counsel who vo-
lunietred their professional services upon this
occasion ard who made the closing argument in
tbe case Of Judge Tod. This gentleman was a
Judge Of the Supreme Court, and bis trial was
Bret Brought on, and in fact ne battle was
fought snd The issue settled in his case. Judge
Tod, In making application for permission TO be
\ lizard Ny counsel faid that the most r,s,eo,,