The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-26

uon seem 70 De regularly coruered Instead OF
defending the recent ensctments of the Lexisla-
lure on the score of their merits, they are driven
to the assertion that We are bound to obey them,
because they are Law, and not because they are
just. This lie only the reproduction, in auother
form, Of the doctrine maintained by theolosisns
in defence of ecclesiastical abuses-that what is
is beet If such dogmas were to be admitted ia
politics there would be no such thing as progress.
Despots can make laws but it by no means fol-
lows that the people are bound to submit 10
them. Where the people themselves are mas
tiers this latitude of obedience may sometimes be
advantageOusy extended. When their delegates
exceed their powers, and try to substitute their
own will for reason, it is not to be expected that
they will be over-scrupulous about forms The
law making power requires two conditions-the
joint action and consent of the governors aud
the governed. In this instance the power is one
sided; and to talk of adhering to Legal precedents
is simply ridiculous
But We are not as yet reduced to the necessity
Of resorting TO first principles for justification
Of the course of the city authorities on this ques-
ton We willingly accept the issue that has
been raised as to the legality of their resistance
to the enforcement Of the new laws before the
Court of Appeals has rendered its decision
When the organs of the Albany conspiracy talk
to us of the obligation we are under to obey the
law even though it be against Cur consciences,
they forget or would willingly ignore the fact
that there is higher law than that Of the State
Legislature-namey, the law of the State consti-
tuition aud Of the constitution Of The United States,
which respect contracts and jealously guard
vested rights. This is not the first time that the
Lesson has been taught the Legislature that con-
stitutiOnal law is different from aud supetior to
the crude and but too frequently corrupt results
of their own labors We regret to add that We
have not sufficient confidence in their good sense
and honesty 10 anticipate that it will be the last
The argument used by the usurpation journals
to palliate the fact that the changes at
tempted by the recent enaetments are of
will not hold water for moment.
They concede that the Dongan and Montgomerie
charters form the basis and foundation Of our
municipal rights, but they contend that as State
law has repealed portions of those charters what
it has once done it may do again. They suppress
the qualification of this assertion supplied by the
fact that the Legislature has never before inter.
fered with or altered those instruments except at
the express solicitation of the city itself They
dare not do so, for this simple reason-that mu.
nicipal charter being contract the alteration of
which requires the consent of the two contracting
parties, any attempt on their part to usurp the
rights aud privileges conferred by it would be set
aside by that higher law Of the constitution to
which they, as well as all others, must yield ODE
dience. But there is this fact also to be taken
into account in an impartial estimate of the
precedents quoted in support of these usurpa.
tions. The alterations made in these charters
were merely notifications in the governing ar
rangements, in which the controlling power was
still preserved in the body on which it was origi
nally conferred. The principle of selfgo
eminent itself was never attacked unit
baud of reckless political Adventures and |
midnight conspirators managed to obtain the as.
cerdency in the Legislature, and to carry through |
it series of measures intended to nullify all the
more valuable provisions of these instruments
and thus utterly to annihiate the freedom and |
Independence OF the city.
These are the laws which the usurpaton Or
gans tell us we have no right 10 resist until the
slow process of the regular tribunals justify our
action. What miserable pettifogging
narrow minded constructions of the principles of
law ITSELF are betray ed in this reasoning When
q footpad attacks you on the road and seeks to
tighten you of your purse, are you to wait until
the police come up, 10 Offer measures OF resistance!
Or, TO cite case more in point, are the citizens
Of New York, like the Mussinas Of Texas, TO sub
init patiently TO be destituted Of their rights I'M
til after long interval of legal delay they are
again placed in possession of them by the expo
ture and impeachment Of the men, who. to aid
base conspiracy, abused the trust confded TO
them by the people? Were individual interests
alone concerned there might be some excuse for
following such examples; but the Corporation of
New York ere the guardians OF the rights of the
citizens, and they know full well that IL they
were 10 yield an inch on this question, their IT,
mildly would encourage further encroachments
If the principle Of Capitalization were once estab-
lished amongst US, the contest would be a short
one with popular as well as municipal rights. II
would coon absorb the local governing power and
reduce us to slavery as absolute as that Of any
of the despotic countries Of Europe. Let the city
authorities bear in mind these facts. and perse-
we're in their esentpatriotic course uudismayed
by the abuse and hard names of their opponents
The struggle they are engaged ia is a noble one.
snd in proportion TO the courage ana frmoess
which they display in II will their memories be
hoLOrCd by future generations of citizens
Sr,rE UsrRrAuoN n Conference.-The ex.
ample sci by the Legislature OF New York has
already proved con.lgions The Legislainrc of