New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-03


Of the Assembly required to be aoportioned among
the Counties electors must be inhabitants OF counties;
county boards required to form Assembly districts
There are to he County Judges and County Courts
,ies may be made the recipients of portion OF the
legislative power. Cities and towns are also included
in and are indispensable to the carrying out OF
the arrangements Of the Government organ
lied by the Constitution. But there IL nothing 10
II which requires that these local divisions should
always possess the same measure of constitutional
power that local functionaries should always exist
within them possessing the same functions as when the
Constitution was adopted. The counties and cities
must not only be preserved, but the Legislature must
do nothing respecting them which viii render them
e.s suitable for the purposes for which they are recog
pized by the Constitution. All the arrangements to
which counties and cities are subseryent or instrument
tai or in which their agency is contemplated, must
have their free course unobstructed and unembar.
a.ed But the act under consideration does not pro-
pose TO ab oish any Of these divisions On the con-
rary the existence of counties ana cites In
the Metropolitan District are recognized; ana their
continued existence is essential to the arrangements
of the act as TO the working OF the Constitution
ITSELF No subordinate officers or patrolmen OF the
Police force can be appointed, ana no iunas Iof
their payment can be furnished without the CO
operation of the county and city authorities. Coun-
ties and cities then ao subverted by this act Nor
can perceive that any arrangement OF the Consutu
ton which IL Oks to the existence OF counties or cities
or the cooperation Of county or city authorities, Is
broken in upon in any respect interered with by
the bill II may be said that matters OF police have
generally been of local cognizance, an act which
shall unite for police purposes severai counlies anu
cities causes the local divisions to be less distinctly
Defined and this h true. But this, if II proves any
thing moves too much. The argument would stamp
the distribution OF administrative authority among the
local divisions with the attribute OF absolute perma-
nency Every change ia this respect would intensity or
detract from the dstDctness with which these divisions
were marked when the Constitution was framed.
Within our recollection the arrangements for the
support Of the poor have been the subject OF
changes which have taken power from the county
authority and given it to the towns and the reverse
District-Attorneys appointed for several
counties. Afterward one was appointed tor each
county. The same features are found IN respect 70
common schools. Iu the administration OF this system
both town and county agencies are employed, Dut
changes are often made, by which power IL taken
from the one and given to the other. IL we were 70
establish the principle that the Legislature can never
reduce the administrative authority OF counties, cies
or towns can never resume in favor OF the central
power any portion of the jurisdiction OF those local
divisions, or change the partitions OF 1t among
them, as it existed when the Constitution was
adopted, we should, l think, make an i'm.
practicable government. 1t is the business OF
the Legislature to adjust in the interest OF the whole
people Of the State the distribution Of the powers OF
the Constitution is violated and that no arrangement
which it has made is incidentally disturbed. we 40
not find that an organization like the Metropolitan
District anywhere forbidden and we are unable TO
that any arrangement ofthe machinery OF inc 10y
eminent which the Constitution has provided will be
impeded or disturbed by the execution OF the act We
conclude therefore, that the act is Constitutonally
valid so far as this objection is concerned. :.
Before proceeding to the other ground OF OoJecuon
it will be useful to state certain principles which,
though not contrOverted, have sometimes Deen over
looked in this argument In the first place. the people,
in framing the Constitution committed to the Lsgs-
thew did not expressly or inpiedly withhold Plenary
powery in the Legislature for all purposes Of civil gov
ernme Mt is the rule. prohibition to exercise par.
ticular power is an exception In declaring mere re-
fore whether given statute is constitutional Tor
those who question its validity to show that 1t Tor
bidden do not mean that the power must be expressly
inhibited, for there are but few positive restraints
upon the legislative power contained ia the nst.u
ment The first article lays down the ancient mlta-
lions which have alwsys been considered essential IN
Constitutional Government, whether monarchlcal or
popular and there scattered through the instru-
ment few other provisions in restraint OF legislative
authority But t6e affirmative prescriptions and the
general arrangements of the Constitution are far more
fruitful of restraints upon the Legislature. Every
positive direction contains implication against any
hing contrary to it, or which would Illustrate or dis
appoint the purpose of that provision. The frame Of
the Government the grant Of legislative power itself,
he organization Of the Executive authority the cree,
ion of the principal Courts of Justice, create implied
limitations upon the awmaking authority as strong AZ
though a negative expressed in each instances
but independently Of these restraints, express or i'm
Piled every subject within the scope OF civil Govern
Az il may act upon the State at large by
laws affecting at once the whole country and all the
people so it may in its discretion, and independently
of any prohibition expressly made OF necessarily I'M
trct section of the State. AS political society,"
the State has interest in the repression OF disorder
ard the maintenance Of peace and security in every
locality within its limits and If from exceptional
causes the public good requires that legislation, either
pernamen nj or temporary be directed toward any par
tcular locality whether consisting OF one county or OF
several countless it is within the discretion Of the Leg
sla,ure to apply such legislation as IN It's judgment
the exigency the may require, and 1t is the sole
jadge of the existence of such causes. representa-
ves Of the whole people convened in the two branches
Of the Legislature are, subject TO the exceptions
which have been mentioned, the organs OF the paohc
will in every district locality of the State 1t fol-
lows that it belongs the Legislature to arrange aud
distribute the administrative functions, commit
ting such portions it may deem suitable to 10 cal Ju
risdicOns ard retaining portions to be exercised
by officers, appointed by the central power, and
changing the arrangement from time to time as con-
venience, the efficiency OF administration ana the
public good may seem to require II particuisr act
of legislation does not conflict with any OF the mta.
tots or restraints which have been referred to- Is
not in the power of the Courts to arrest its execution
however unwise its provisions may be, or Whatever
the motives may have been which led 70 its enact
ment There is room for much bad legislation and
misgovernment within the pale of the Constitution;
but whenever this happens, the remedy which the
Constitution provides by the opportunity for frequent
renewals of .as legislative bodies, IL far more etii-
aacious than any which can be afforded by the ju.
S;~...: The Courts cannot mpute to the Legislature
srv 10y" 6yior than pSslin motives !vr scs. III
given act Of legislation is forbidden Oy express
words or by necessary implication the suses oaanos
listen to suggestion that the protested motives ior
ing are not the real ones If the act can be upheld
upon any views Of necessity or public expediency
which the Legislature may have entertained the law
cannot be challenged in the courts. It may be proper
TO make one other remark of general character. 1t
has been said that tendency may be discovered
In tho Constitution toxaId local Administration and