The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-25

Municipal Riehts or the City or New York
as secured BY the Dongan and Montgome-
RE Charter.
The authority Of the Dongan and Montgomerie
charters being expressly recognized by the Legis
lature in the amended charter passed last winter,
and siHce tacitly acknowledged in some of the
steps which their nominees have taken to assert
the respective jurisdictions assigned to them, it
becomes important to inquire what are the pre-
else rights conferred by thoee ancient charters,
and how far the pretensions of the Legislature
conflict with them
BY the first and second sections of the Dongan
charter the property of the City Hall aud all
other buildings which the Corporation had erected
ard might choose to erect, ON Manhattan Island
for the use and convenience of the citizens, is
vested in them and their successors forever. with
full right Of control over the same. By the thirty
seventh section of the Montgomerie charter these
rights are further ratified and extended-the pro-
pcr.y of the five market houses, the great dock,
and of all the ferries then or at any time to be
established round Manhattan Island, with q va
re'y OF other privileges and royalties being &C.
( cured to them in addition.
BY the second section OF the Dongan charter
the Corporation of New York and their success
sors are invested with the power of making lay
ing out, ordering amending and repairing all
streets, ]anee alleys, highways, water courses,
ferries and bridges, in and throughout the said
city of New York and Manhattan Island: pro-
vided always that this license be not extended or
construed to extend to the taking away of any
PERSONS or persons right or property without his,
her or their consent, or by some known law of
the said province. BY section 16 of the Mont
gomerie charter this right is further ratified and
confirmed.
By the tenth section of the Dongan charter the
Mayor of the city of New York, and his success
sors, is vested with the exclusive right of giving
and granting licenses annually, under the public
seal of the said city, to all tavern keepers, inu
Keepers ordinary keepers and victuallers-the
money to be received from the sale of such Ii
censes to be used and applied to the public uee
OF the said Mayor, Aldermen and Commonalty
of the said city of New York and their success
sors, without any account thereof to be rendered,
made or done to the colonial authorities
The twenty-third section of the Montgomerie
charter grants to the Mayor, Aldermen and Com
monalty of New York, and their successors forever
full power and authority to erect and build or ap
propria'e sny other buildings already built for one
or more bridewell or bridewells house or houses
of correction; workhouse or warehouses; jail or
jails, together with full power to the said Mayor
Rae ma Of 20
take up and arrest, or to order to be taken ND
and arrested, all rogues vagabonds, stray
glers, &c, and to imprison the same. This clause
also vests them with the power of appointing
keeper or keepers Of all such places of coniine-
ment
The thirty second section Of the Montgomerie
charter enjoins and commands the Sheriff, Com
mon Clerk, Chamberlain, Marshal, jail Keepers,
High Constable, Petty Constables and all other
subordinate officers of aud in the said city now
chosen, elected, constituted appointed, or that
may hereafter be chosen, elected constituted or
appointed to be obeisant and obedient to and at
ted upon the said Mayor, Recorder and Alder
men of the said city, and every or any of them,
at all times hereafter, according to the duty or
obligation of their respective Offices and places,
and to execute all and every the commands, pre-
cepts, warrants and processes TO them respective
IL directed and issued, and given out and to be
issued ard given out by them. the said Mayor,
Recorder, Aldermen, or any one of them.
We have only selected those clauses which
bear directly upon the points at issue. We
might, il it was necessary, proceed to show that,
with the exception of a criminal jurisdiction, no
charter ever granted 10 a municipality has ac-
corded fuller or more absolute powers of self
government than those conferred by these instru-
ments on the city Of New York.
We are, therefore, justified in contending that
the Legislature is, by its recent enactments aud
proceedings in regard to this city, guilty Of glar-
ing and upjustiGable usurpation of our chartered
rights.
Fist. By taking out Of the hands of the
Corporation the control over the plans and ex-
penditures for the construction of the new City
Hall, which, az we have shown, are expressly
vested in the city authorities
Secondly, by the efforts Of their nominees to
Obtain possession of the police station houses,
which have been built by the Corporation with
the money Of the city, and are consequently in
alienable from their control
Thirdly, by the appointment Of Commission
ers for the laying out Of the Central
Park and the expenditure Of the moneys
raised fIom the city for that purpose
the charge and control Of all such improvements
within the limits OF Manhattan Island being, as
We have shown, already vested in the Corporation
Of New York.
Fourihly, by the appointment Of Commission.
ers for the grant Of excise licenses within our
city the exclusive right TO grant such licenses
being conferred by tee DoDgsn charter on the
Mayor.
Filthy, by the appointment Of Police Commits.
sio1crs, with express powers to interfere with the