New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-12-12
TO THE PUBLIC.
PoK wARDEss' OFFICE, No. 100 Wall street,

BY direction Of the Board of Port Wardeps we beg
leave to Gall the attention of the people of the City and
State Of New York TO the following exposition of the
objec; and purposes Of the act TO rs9rganize the
Wsrdens Office" passed April IA, 1857, com monty
called the Pot Warden Law, its bearings upon the
varied interests Of oommerce-the ship-o vner, the
underwater and the importerits history and practc 4.
workings, and its cOustitutionalty, far the quer
ton of its validity has been raised.
The members OF the Board Of Wardens entered upon
tie duties of their Office with an earnest desire TO dis
charge those duties honestly fairly aud inpstiay, as
between the various parties shce rights and Interests
were involved In their determ s'ons, and with tia
promptness and energy demanded by the necessities
and convenience of commerce. and tbey have the sails
faction Of believing that their efforts 10 make the
Warden's Office whist it was designed to be- ins.ru-
men of benefit to the parties concerned, are beginning
to be appreciated by the public.
1t is true that We encountered, in the outset vo-
lent prejudice against the law, Origin atpg,
STAINED to believe in grea. degree 10 partisan AMI
nosities ard rivsries This belief is greatly strength
ered if not confirmed by the fac. that the opposition
to which we refer no. coDfoed TO the Por, War
den Law but was extended to all The Is Of the last
Session of the Legislature inclu ling the Charter
Of tie City of New York the Metre pohtan Police Law,
and the act authorizing tax for the completion OF the
Eie Canal enlargement.
l. has been claimed by some that the &C. 10 ques-
ton is uncoI sttutions in far seeks to prohibit
persons other than Pot Wsrdens from performing the
official duties Of Port Wardens. To obtain judicial
decision adverse to the validity Of thst section Of the
act, suit was instituted (which seems to have been
purely omica6 between parties known to DO bitterly
hostile to the act in question, AID carried through the
forms Of special pleading 10 demurrer, and an argu
ment ct Special and General Terms, with absence
Of publicity truly remarkable. No member Of the
Wsrdens office ever received the slightest ntima.ion
Of tina. proceeding until two days before the decision
Of the Court published in the papers, and even
then we were unable to ascertain in what Court the
suit was pending. Under suco circumstances, we
leave others to judge what credit is due to the par
tee ergsged in that proceeding.
Judge Ingraham Gays:
$50 far as the act is construed as making the sur
veys compulsory il would interfere With the prOv
siors of the Stn section of the h article of the Cons
tuition Of the State which abolished all Offices for the
Inspection &c, OF any merchandise, and prohibited
the cation Of any such office In future Tnat 1t con-
usveped this provision OF the Constitution IL more
apparent when we call to mind that at that time
there was officer entitled an Inspector of Damaged
Goods in existence which office fell with the adoption
of the Constitution"
VI
ory caufe of the 9Th section of article Of the Const
tuition referred to, viz:
"Section g. All Offices for the weighing, ganging,
me assuring inspecting any msrchsneise, produce,
man ufacture, or commodity whatever, aye sereoy
abolished ard such Office shall hei eater be created
by law" -
The Judge tells us that there was officer entitled
an Inspector Of Damaged Gods in existence a. that
time, which Office fell with the adoption of the Conssi-
tuition but be does not tell Us why the Office of Port
Warden did not fall at the same time It was in ex
istence with substantially the same powers and funo-
tors then as nop. The Wsrdens wore authorized TO
make, ard did make, the surveys then as nor.
Ard all persons other than Port Wadens were forbid
den by law from making those surveys, or performing
apy of the duties of Port Wardens then as II it
was an office for the Inspection Of any merchandise
produce, Manufacture or commodity the Off 70 WAS
absolutely abolished by the new Constitu ion, and
ceased to have any legal existence from that time for
ward; nor could the Legislature give il new exist
ence.
| The question whether tho Port Warden act is 70.
pugnart to that provision OF the Constitution depends
upon the nature Of the Wardens duties, and not upon
whether or not the Legislature has seen fit to prohibit
or allow Tom Dick and Harry to perform them. The
learned Judge has not fit to discuss this branch OF
tLe case. Probably his attention was not called to il
the case before him being entirely friendly, aud
both parties desiring the same judgment. The Court
mus. have been struck with the exhibition of asrna
feeling 80 unusal between litigstiug parties.
At the time of the adoption of the Constitution
there was not only officer entitled an lnspe ,or OF
Damaged Goods but large class of officers, entitled
Inspectors of Flour of Beef aad Pork, of Tobacco Of
Pot and Pearl ashes, and various other articles Of
merchandise, in existence established By law and the
functions of those officers to inspect tie quality
of merchandise, for the market aud for exports
ton stamping thereon the Inspectors official brand
indicating it's Quay. The laws creating these offices
were publicly aud universally known as Inspection
laws" and il the learned Juoge will take the trouble
To lock into the statutes reports he Win una thst
% III Legislature and the Courts speak OF those laws
and those only, rs inspection laws.
Now the simple truth Is that the inspection OF mer-
eli anise anything else in the sense OF the Coat-
tuition forms no part Of the Wardens duties. Their
duties are and for half century past have been, not
10 in, pec the 0vQ,ty of merchandise for the arket
or for expectation TO measure It's quantity nor yet
TO ascertain its gaiue, but 70 examine the Ldces OF
vessels ON their arrival In port and ascsftain whether
they are well cauked and secured, and also to ex-
anime the cargo, and ascertain whether II Is properly
| slowed and dunpsged. The attention OF the Court
would doubtless have been drawn TO this important
distinction but for the fraterna feeling between the
parties the suit and between their counsel to which
we have referred.
The Port Wardeni Office has existed from q very
early period and its records bear an olden date than
those Of our State Government. IL h3d It's onglu 10
the necessities and requirements OF commerce. From
time 10 time the Legislature has passed laws enargng
and defining its jurisdiction and powers, adding 70 toe
number Of Wardens and otherwise Increasing It's
efficiency 70 meet the increasing demands OF CON
merce The Office exists in some form, and under tn
regulation and limitation Of law, 10 all countries and
il ne ary every port OF the civilized world The Office