The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-01

parties 10 the country shoud 60 to the dogs Q
just end honcst administration VIII be vindcsted
by an intelligent people.
The Meaning or Constitutions and ths Rights
or MinOritaes.
We have before us pile of BostonAnd other
New England papers, commenting on the muoi-
cipsl contest ut present at issue in this city The
general Impression produced by perussl of these
| journals is one of utter confusion. Our Boston
| fre1ds DON'T seem able to make up their minds
which party is right; they give excellent reasons
in support OF the position taken by the city au-
thnriies, but they merit in the aggressiOns
of the Legislature; they don't want to see munich
pal Liberty abolished. but they fear the effects of
the practice Ofappealing 10 the courts on the con-
stitu,ionali'y Of lass To do them justice, how
ever, We must add that as general rule their
| sympathies seem 70 be with US, notwithstanding
toe general hostility OF New Eugland to the de-
mocracy. AT bottom party prejudices aside the
| New EhglaDders are as great sticklers for civic
freedom, and the inviolability Of city franchises
a. they were when they voted money to defend
Boston hsrbOr against the usurpations ofthe King
The confusion ard doubt which overriding
this municipal contest Of ours would speedily van
ish If people would only let their minds dwell On
two broad charlottesville FIRST, the distinction
between our American Legislatures and the Lee
gilatures of Europe; the second, the distinction
between our constitution and the doctrine of di-
vine right
| Almost all the reasoners whe have undertaken
to show that the city authorities were wrong in
resisting the encroachments of the Legislature
have argued az though that Legislature occupied
the came position in our society as the Parlia-
| ment does in British, or the government in
French society. They have found both precept
and practice to show that the Parliament of
both omnipotent in their sphere; that they bent
before them laws, usages, institutions privileges
franchises, and every species and order Of rights
Hence, argue the critics of our city authorities it
is without example for city to rebel sgaiost the
| Legislature. But, in fact, there are not two
bodies moro peculiarly diseiuilar in origiu,
| powers and scope than the British Parii ameat
ard the Legislature Of this State. The former is
the fountain Of ali power in England From il
with some ri1ing exceptions In favor OF the
prerogaiive-ell rights and duties Of corporations
a3G persons within the kingdom flow. Iadividu-
ally, its members owe an account TO their con-
| stituencies; collectively, Parliament has no ac-
count to render. Its Office was created by the
King and since it has shaken off its dependence
On him. il is supreme. II has no more concern
WITH the people, a. whole, than II has with the
South Sea Islanders- The doctrine that power
resldee originally in the people is unknown TO the
English Las; their doctrine is that God placed
power in the hasos Of the King, who of bis o Sn
free will delegated a portion OF il to the Parlia-
ment Parliament re'gns in fact by divine right
With u.s. on the contrary, who have no misty
antiquities to confuse our politics the Legislature
is merely the agent OF the people, chosen to per-
form certain specific duties. Our theory Is that
all power resides in the people; that they, for
convenience sake, commit the administration Of
certain political and public concerns TO men
choss by particular mode; aud that these men
constituting the Legislature have no more
right TO perform any act not contemplated in
their power OF attorney than a lawyer would
have 10 transact mercantile busincss or TO perform
surgical operation on the part OF his client
They arc mere agents adLoc; when they transcend
the limits Of Their delegated sphere, they are
common persons without authority Of aug kind.
So with constitutions The British constitution
lie an ingenious compilation OF laE decisions aud
imacinings of person OF fsnciful turn Of mind:
like the Bible, it will afford evidence either way
on any question The chartists find il republican;
the high court party claim that nothing but a
despotc monarchy would carry II out fairly.
What profit can be derived ron an analogy be-
tween this patchwork contrisancc and our writ
ten constitution which was framed expressly for
the protection OF minoritcss
Yet We see scores Of writer's pretending to I'M
dcrstand the subject who throw the British con-
stitu'ioa in our teeth, and appeal TO the British
Parliament to prove that our Legislature may be
despotc, and that our constitution means nothing!
The judges Of the Court Of Appeals will have
discovered long since that there was no light to
b. derived from study Of the British Parlia-
men'ary practice; they will have dealt with the
question on common sense grounds with no other
preccoents than those derived from the history Of
our own country. We trust that they have 20
read the constitution of this State as 10 view il
as barrier raised by prudent lawgivers to pro-
tct the weak against the strong, the feeble mino-
rity against the arbitrary majority; that they
have discovered the fallacy Of attempting to rear
local liberties undera dcspotic centralized autbo-
rity; that they are prepared for their part to
set their faces against the first decided cncroach-
ment of that authority. AT any rate, whatever
they have resolved, we do hope aud trust that
their decision will be thorough, and on the merits
of the question, 70 that we may have an end OF
this era of confusion, disorder, and riot.
A BRIEF ANSWER TO DTsCoSrESTED FIRE
EATER.-The Richmond South, in its commentary