New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-05-26

errnsnt APPOINTMENTS or discipline Is conferred upon,
and Of transferred to, the new C"mn -7on.r7
Il the Central Power. AL the subordinate Police ON
cen Of the city therefore from the General Sapern.
.endaut under lie Commissioner downiO the haoIo'
doormsn, with salaries in the aggregate amounting
than q million OF dollars, and varying ftom ihTee
thousand each 70 AZ many hundreds instead Of benz
appointed if appointed at all, by the authorities OF
the city, directed by the Corscuton are hence
forth to receive their commissions on The nat indirectly
Of the Executive of The state In o,ner woLds' uey
look Albany and not ~ New ark a. the scarce
Of their politi al existence The Authorizes OF Ne y
York-he authorities chosen by the votes OF The cleo
tor. Of New.York-the Mayor, Recorder and City
Judge, designated by previous statue
menis in the Police Depar;neu Of the city, are :Afa
aside and the organs Of the Central Power ins'aAeu IN
their stead
Ifby The mere coptrivance Of a junction of Two
couptes or even Of one county and the mnutest pos
sibe fragment of snoheT, such result may DE- ae-
complish,d the 10th article OF the COnsatatOn, 50
pregnant with the spirit Of the whole instrument 10
say nothing Of other leading provisions, becomes
dead letter. And why, by the same process IiiSn'
not the selection 0f the chief State officers the Seere
tary of State Controller Treasurer ard Attorney
Gsaeral, be taken from the people OF me sac aau
conferred as many think i ought 10 be, upon the
Governor Of the State A cabinet might be organ
lied consisting Of President OF the Council Firs'
Minister Of the Treasury, a State Banker ana 30
citCr Generala 10 be appointed by the Executive,
and all TO posses. together powers nomnaiy un5rTht
from but really equivalent TO, those now VesteV ny
law in the elective State officers named in the Consti-
tuition. Those officers, rather their orGia names
would from necessity Of course, remain, bur only 70
| cay of themselves, What shadows We are and WHAT
| shadows we pursue" And wherein would such
a law so far az principle is concerned, dlher from
| the one under review, Unless il this that It
would in a constitutional point Of view, be the less
obie ctioDable Of the two, only Transferring the
appointing power from the people OF the state 10 Que
Of the elected authorities Of the people OF the State,
whereas the new Police Law not only transfers 10 tne
.h, ruuniutug OF the DtOpC
| of tie counties but OF the authorities elected ny
the people Of the counties. II illustrates etectuai,
not one. but two leading purposes OF the CONSTITUTION
it both centralZe- and depopularlzes
The Whole case then resolves itself into sin-
| Gle inquiry: If private citizen cannot by any
shift or cOntrivance, evade the lawful wiz ol
the Legislature, can the Legislature i'Seil 10y any
ike sbitt or con.riyaDce however desirable the oo-
iect NAV be- evade the Constitutional VIII OF the
| people the sovereigns alike Of the Legislature anu
of the Courts. | do not mean by this suggestion 10
intimate that the members OF the senate anu As.en
bly in adopting the Police bill, had any actual
| tE'cnfion III evading the implied prohibitions OF me
| Constitution. Judges, know, have sometimes ooth
| in and out Of Legislative halls been charged WIN
flat sin; al the history Of English statutory Jd'
| risprudenee contains several noted examples 10
illustrate the occasional justice of the accusation
| But 10 such intent justly be lmputeo 10 legs
lators We may say, however, without Ohrnse, that
the cfcet of the act under consideration II carried
eut and IL the views | have expressed are correct,
would be the same that of an intentional! evasion
and would render one OF me pronen u and g
Constitution say nothing OF the entire scope ana
spirit of the whole instrument, no better uIah lu1e
| formulary-rOr d PrGteTed H"'".
| coSCLUsIOSs.
F,., The general purpose OF the new Constitution is
to popularize far practicable, and IN every eVe'
| TO decentrsZe power. .
Second The extent that purpose, as the defendant.
counsel admit and the manner in which II Is 70 De
executed are defined by the text of the Constitution
itself ,,
II makes the great State officers elective by general
It makes the entire legislative force of the State
| II makes the entire judicial force Of the State
elective.
II makes all the enumerated county officers electives
and ali county and town officers not enumerated elec-
five except as the Legislature may direct them 10 De
appointed by the local duhorttes ltleaves al vage
aid city officers be elected al large or by DIVISIONS,
or 10 be appointed by local d9tD0'"'eS d VIC
| ture may direct. -,
Third The Constitution does not say intend that all
officers whose Offices may thereafter be created by law,
shall be elected by the people or appointed as Tue
| Legislature may Girect-but all officers other than
/ County City, Town and Village officers. and otier
| than the specially enumerated state Officers.
| Although therefore. the Legislature may have the
power TO create new County City office, it has not
The power 10 render such office, when created the
subject Of Executive appointment.
officers shall be either elected by the voters of the
spective localities or appointed by the authorities
thereof"
FouyfA: The legislative department like individual
citizen cannot do indirectly that which II Is prohibited
from doing drectly-t cannot, by uniting counties,
dyest the authorities thereof of their CONSTITUTIONAL
Jurisdiction and transfer it, under another name to tine
&c ntra executive. Such consolidation Is at variance
with the letter and with the whole scope and spirit oi
| the Constitution, the favorite purpose of whose
trainers. wise or unwise, 10 erect not CONSOLE
dated but a sort of cOnfederated government.
After Judge Roosevelt had finished reading his opin
ion Mr. D. d. Field rose and remarked that the word
other referred TO in the third conclusion above though
in the Constitution printed in the Red Book, was
not in the copy printed with the Revised Statutes or
in the original upon file Judge Roosevelt only SAID
as il SOL"
Judge Mitchell did not read but has filed his opin
on concurTing with Judge Peabody 1t is as follows;
| MITCHELL, jim the argument of this case there
was scarcely any IF any difference of opinion as TO
the rules by which the Constitution of State Is to
be interpreted. The rule under the Federal Consu-
ton is inappicable That instrument was framed
with the view to confer only certain defined and Inn
tied powers on the General Government. Generalleg-
sative power not given to Congress, but special
mowers only. ard those carefully enumerated in
teen subdivisions. This alone would have limited it
TO those enumerated powers and such were necessa
rily implied from them; but, so jealous were the
people at that time of the Federal Government,
that among the amendments proposed at the
first session Of Congress under the Constitution, and
| sfterward adopted, the one declaring that
the powers not delegated TO the United States by
the Constitution nor prohibited by it to the States,
were reserved TO the States respectively or to the
people" The reverse rule applies to the State Leg
islstufe. There must be somebody in which power
of legislation shall reside competent TO meet all the
varied and changing wants of the communicated
unlimited except by such restrictions as may be
specially named. He, therefore, who would sustain
he power of Congress TO do any particular act must