The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-26
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charter are known as the Dongan and Mon,yomcrfe
charters. Until $780, jWt hundred years after Tho
Mongomere grant, and fifty years after tina Revolution,
change, amendment, alterations in them made
or thought of was supposed that the transfer OF the
government from the monarchial TO the republican had
impaired to the least extent the municipal thus
vouchsafed the city of New York The State had twice
altered Its con tnon adapting to its improving COM
mercal and more liberal political ton, but the char
ter Of this city looked upon almost slcrei nstru-
ment not to be touched, though the necessity for 70,
In many respects seemed 80 apparent and when in 1880
the Legislature adopted rtan additional provisions they
were only as amendments to the Dongan and Mongomee
charters, the principal elements of which were reaued
their original force, with all the franchises, grants,
powers and privileges" left unimpaired The subsequent.
acts in 1919 and les also amendments char
ter just passed, tho gb repeas all tho previous ones
atiirms in direct terms the Dongan and Mongomere
ancient chartered rights, which through series
Of legislative enactmcnts, for fifty years, had been
frequently interierei WITH too often by plant yielding
upon the part Of the people themselves Under this grant,
now re affirmed we hnt sufficient authority for the city or
New York to regulate It's police affairs independent OF
OF Its provisions aided by the evidence OF ie able com
mentator, Chancellor Kent, il impossible 10 come to any
other conclusion. Section IA OF the Dongan aud Montgo-
merle charters coners upon tho Mayo, Aldermen and
Conmonay and their SUCCESSORS forever the most ample
rules and government Of the city. Chancellor says,
(see zsth Lote Kens notes and ustratons), comment
ample powers sufficient for all the purposes OF well
dered police and Tor the good government OF the city Ia its
complicated concerns Agno, in note 81, he Gays.
apply precise and adequate au ;hority iu the given
instance the Common Council can always resort to the
failing power under this charter, which gives broad
authority commensurate TO every Case Tho charter
powers have been co frequently and 20 fuy confirmed
defined enforced ana specially applied by Legislative acs
that there seems 10 he no want OF uradc,on from
source or the other for every exgencyn
But the mower OF tho Comm on Council IN establish
mupcipal watch or police is clearly conferred by tho
tive uty second section grants 10 tho Mayor Aldermen
and Commonalty Of the city full power and authority TO
common OF tho city, and dispace them and pus
9th, their room and to add diminish the num-
Der OF them The duty and power to pay tho persons
thus appointed is incident In the % wer granted TO appoint
The twenty third section rycs them power 10 order tho
persons thus appointed 10 arrest and take up all and any
rocues raeabonds s,r.gscrs and Idle and sns
pcious perou. The learned commentator already
referred 10 says that Utho Common Council NAV
an,o,nt and Sin,psh nj p,cosurc Al, sucb noiec
Tho control and regulation OF the CITY watch like tho an
poirment and regulation Of catmen and portrs is very
interesting and valuable deposit of municipal power ana
one essential 70 the PEACE security and good
CT the city,
sections do not confer upou the Com Council
the 10 yer 10 create municipal police then know OF no
words In the English Ian guage that can confer such power
There car no, be doub, on the subject ndccd this power
l. faIv and condrmed bv the charter recently
of lis Of the Dongau and
nontsomeris charters
In ,ha AZ, secon NJ ,b., act :, doco,.d thu, /" tho
s.yor Ihsrmen and commonaItv of the ri, of Nc YORK;
sn.n -. ,nna 90 ra a. hoJv ,o,,c .nd co,rors,.
IN "a, snd I, nam. hv ,bc samc name and shalE
h.,a rar,~,,ai go. ~, Nth ali gr,n,, nowor,
no pS ui,s s..,sn rad " r,bis nn.nr 90
rr,,,lege ~ IN, eornora,sn 10 p-o,ect ard defend
!, and rons nv M ts citizens ia M for the rst
time called in question II any complaint has been made
nra nat fhffr ~
est extent for the TO exert ,s authority rather
a.. 49,. 49,, ~, 4, ~ " ~ ~ ' ~
h,shs, roo, IN ,s~ar ~ me ci,v san II bas occuned
Al any time slnce $50 ana nav be- regarded az the or
g.nc AM-,,Le Magma Charta-of our city whereby the
~ ,s.cn,,v s.saa 4, The frat Mace rcnrs 10 an
The eharers ard amsndmen,s 10 charters previously
a..es NV The 40 thai ANYTHING con-
IN ,hs r,erv or mai i'm anyisc ar
c,sd mo aed or repealed anv mar, on tho Dongan and
charter vas remoyed on, Of The way In tho
seors MACE a an In va or nar,s Of law nconsis
len, with ,sell, and sry section contained within tsef
would be clearly ,ncou,iscn, II n did rcpeai modify
hee.use the In n. diving vort
vhsn cna nf laws FOR the governments Of THIS city, dc,
clared N al nothing In liz own euactu ent should be coz
srue1 as reuesne moafv1pq or IN any manner affecting
the peap snd Mon,somcrie charter and hr &C. further
force
II 10 clear therefore that there exists sufficient power
by. ~, .ss o,s 49, a. POT W vno,
an thai h required for doms1c police sovcrpment W.
r, auir, mo STATE e-sstou 10 Give ~ The antbory We
rs.sess n moi o,Iy x,bo,, SAFE ncrmssian hn, 4, 10
lance Of ls enacincnts 20 the contrary without our con-
r,an roles bis recently rsrse reocai AIN n 90 ,ncoD
ssicnt with them a. The former expres,ly re ar.
nrns TIE Donran ami Non,somere charter ou, even
watch not ncon,I.,snt With the Me,ropoutan pol,co
b which authors declare and Dot loca mu-
they win the exclusion. Of toe consitlton Il they
are state on district on Gers their ut.s are rot
Win Tho. ~b'rb NAV sevolvo gnon DO ns.S ~ Az
and ghi watch for ihis city, We have authority ami
rreeedeni for tao poies ofy.pzs,ora of Similar cha
f.cicr
In ls4l The Trsis,aiurs rassei n, nc, es,ablshnr n
tole deta,mer, nj ,h,s CIV tho s,,t section Of wseh
ahs hes the watch detartnent a. then orsan,zed anil In
Hsu ,hererf created n poice denar,rep ma section
IN no wise deroeAiei nom tho powc, Of tho Common
nuc 90 establgh and organize ano,hor watch dcnar
fsrt ar nun rlual ue ~, on the conrarv ,hc v.'J,v
az mn. stse ss e,ang ,hc poce seua,,asn was maze
dstsudsn on ~ arccp,ance by Tho ,ommon Council OF
M. cl,y Tts Conmsn Counc refused t., a,,eu, danv
iug tho tight N tbe Isglsia,ur. On nar. amen n
statute, ard "a rornafed q deaf letter The Com
mon Council then proseesed acting unnder The gene.
raj row.rs Conferred utsn them by the nsngan ami
uo,t,.,.c,t. r,.,,.r ~ 1890. sr,,,,r1 .u.i,.a
and an ordirance ~ Ia, sr.et xss gnally atppei'
(sce vol len .oi rto~, Cornron C,neii1 sub
.squ rtly ordnance repealed and the lag parscd
time. amended r~p~rsy ancordng IN the ssyge-,Ion OF
iha~e head Of the police for the purpose
sds'rg more beary, 10 ths wants Of the ety. and to