The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-11

prising capitalist to make a rapid fortune. 1t is
proposed to hold national convention of butchers
in Baltimore on the 10th OF September next.
The European received by the Ericsson transpred
a'e period 10 the afternoon produce any effect
upon this market The salcs Of cotton confined to
about 500 600 bales at about the rates given in another
column. Flour Grm with stead, demand, closing
withor, change Of moment in prices. Prime to choice
parcels of wheat firm, while inferior grades
neglected Choice Missouri white sold at 81 per bushei,
and common Southern do at 81 rs. Corn was hrmer,
with small OF Western mixed ut Csc, which the
close held at csc. ST. and Southern yellow held
81 Pork cold at S23 so for mess, ami 900 bbs.
prime sold deliverable in Boston, at $50 70 Sugars
quiet About 700 800 ba Rio coffee sold at
IL CSC. per 10 Freghts inactive and engagements
to Great Britain light.
The Municipal Case ia the Court Of Appeals.
Next week the Court Of Appeals will be seized
with the most important legal question that has
been raised in this State for many year. We
allude of course to the suit which is TO decide
whether or no the Legislature at Albany has the
right to invade the municipal precincts of this
city and administer its government to the exclu-
sion of the municipal body and municipal officers
who are chosen by the citizens TO perform those
duties. 1t will indeed be a responsible act for
the eight Judges who constitute the Court of APP.
peals of the State-the most important, in all
probability, that they will ever be called upon to
perform.
They are men of learning and experience
enough to admit that the real issue in the most
complicated legal controversies is usually u very
small narrow point. Master minds cut through
the brushwOod of incidental points to get at this
core Of the dispute at once; while average intel
lects lose themselves in efforts to disenange the
surrounding superfuities. Now the whole of the
dispute on the constitutionaity Of the Metropoli-
tan Police law-thOugh it will probably occupy
several days in the argument and exercise to the
utmost the first legal miods of the State-turns
on the very simple question whether the people
Of this city have natural right to selfgovern-
mept md whether that natural right was not
confirmed to them by the old Montgomerie and
Dongan charters, and rc-affirmed by every subse.
quent legislative amendment of the charter I'D to
the present day?
For if the people of the city have the right of
self-goverpment, as part Of their natural rights
as men and citizens of the United States, then it
IL toNiou> tut LtStStotutC IL upt Ju-tiutu III
performing any act which tends to deprive them
of that right-as for instance administering or
appointing others to administer so important a
depai tmeLt Of the government as the police and
this being So the act OF the Legislature creating
a Board Of Commissioners to administer police
affairs in the city, to the exclusion OF the meu
elected to fill that Office by the citizens, is null,
void and Of no effect.
IT, again. the natural right rcsuming that
such q right cXisis--wes confirmed 10 the people
by the Montgomerie aUd Dongan charters. and re-
affirmed by all Subsequent acts OF the Legislature
in reference to the city, still stronger reasons
would exist for multiplying the Metropolitan Po-
lice act OF last session; for then il would be
obvious that rot only did the right exist. but
that the Legislature had repeatedly acknow-
lodged it, and admitted The perfect right of
the people to control not only the police
but every other department of their govern
mcnt. 10 this case also. il would seem the
bounden duty Of the Court OF Apf calls 70 bring
things back to their old footing ana to repel the
dangerous attempt of the Legislature to inno-
waite upon constitutional principle aud practice.
In order indeed TO render q judgment affirming
the consitutionality of the Law, the eight Judges
OF the Court OF Appeals or a majority OF them
will have to find and to prove that 10 inherent
right of self-governmcpt resides in the people OF
this city. or has ever been recognized by the
Legislature; but that, on the contrary, the city
Of New York is alb. olutely in the same position.
,ls-d ri the State Legislature, that the cities OF
Rheims and Orleans occupy towards Napoleon
the Third. and that we could no more resist the
appointment Of a Mayor, Guy Comptroller, and
Aldermen ly the Governor under the authority
Of the legislature, and against our own wishes.
than these French cities could resist the least OF
the mandates of the centralized despO.sm OF
France
II the Judges of ;he Court OF Appeals can cou-
ecicnliousy decide that this is our position, why.
then. Of course, they will hold the Law good. and
We shall have 10 scc what rem AIMS 10 be done.
But unless they can go this lar. their decision
must be- practically, adverse to the law
To us the coming mp Of this question In its pre-
sent shape appears TO be turning point in the
history Of this country and OF republican instiiu-
tioos II is historical epoch. and history
fortunately enables us to say positively what will
be the consequence OF both the courses Of action
which the Court of Appeals has it in its power
TO impose upon US. History tells US, in the plain
est language. that the downfall Of municipal H.
berty and local sell. government has always been
followed by paralysis Of general liberty, and a
destruction Of all government; while on the
other hand history likewise shows us that the only
country, besides our own, which has maintained
throughout time and at every cost her municipal
and local liberties Is also the only country, be-
sides this which is free, powerful, prosperous, and
progressive. II would seem strange that this
contest between States and cities had been so