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

OF The shin of State without influence OF control in deter
mining lis coarse or directing it, action. .st..A
Tbs bssye 10 sa.enen, OF the provisions
OF the charter for the city OF New York Such a.
a. before u.s. and duty to consider with
reference 10 future proceedings.
The question presented to US H. what are our duties I'M
der th instrument have doubt a TO the best course
it, odous and unpalaable tAsy may bc which, IN the
opinion compctcnt COUNSEL DO not conflict with the
~ The sasd a . Sr o s N sTe
arrangements OF corporate rsgh and that the whole
is intended scheme for political power By the sove
reign will Of Legislature such parts Of rs are con-
sisieut h tho Constitution have been legally enacted and
we mus, submit Parts OF act may be valid and par
Invalid Thus whilst sections Of this charter shO1ld
81 once be contested there other parts about which
there question and 10 carry out which rrcpara
should be made by the Common Council and by the
departments.
rn METROPOLITAN POLICE BILL
The first section of this act, in the appointment by the
Governor OF avo commissioners 10 perform the duties or
appointing ana governing the police force Of this city, Is
papable violation Of not only the letter but OF the whole
scope and spirit OF the constitution This fatal occcon
professional reputation has been found to declare other
wise. With this fact before me, strongly vonched Tor
by OF the asiest legal counseors in TINS state
have taken my position against its recognition from which
shall not be swervcd until compelled BY the DECISIONS OF
competent judicial tribunals.
the proceedings already taken TO arrive a final sdju
dicaon present only this question. No other has been
raised but every exertion made TO push on 70
disposition the termination Of the single point involved
in the constuonahy Of the appointment OF the persons
who assume the right to exercise the duty Of fohee
you any history Of those suits. The cavis aubbies
and ovasoas OF counsel 10 meet the snse issue sau MOI
be discussed by me now In s are univ
10 that II final hearing of the case oy e e1f. IN
Appeals shall he decidea that the MeTopoHan Ionco
Dis,Tic &C. Is not repugnsnt tho constitution viii as
sumo the whole expense carrying there The Corpora
ton OF New York shall not suffer dollar OF expenditure
at my while Mayor, when assume the wnote re-
sponsbily OF the proceeding But rs ocous as Is the as
regard the constitution, there are other features almost
equally obnoxious. The bill tkes large amount Of city
and conscates them to tho State without compensation
deprvos the chief magistrate Of the city Of all control
over the police, and declares in terms that orders,
promugsons the regulation and supervisors shall be
transferred this Board and officers TO be selected
by H. Riot asol confagr alton and pesience are NOT
made exceptions is provided that the power hereto
exercised by the Mayor over the police Of the city in
such & = s BE S e p the
II gives the Board extraordinary powers in the
indirect control OF The elections to be held in four countless
including this city without its authority no person shall
approach within hundred feet Of the poll for voting,
except be it, own police agents no tickets booths
tables shall placed within the distance it shall
have the exclusive charge Of the ticket boxes in which the
ballots depostcd-appont the poll clerks, place as
many officers Temporarily made for the occason) in and
and in this way one class o; voters to be kept
or or oyssawed, the rights OF another class faci-
whose past political hves otter nc guaranty Of regard for
the purity Of the franchise. II invades the rights
OF citizens in disregarding the common law principle that
man Is presumed 70 be innocent until found guilty-iay
ing him liable to be convicted as common gambler
for being found upon the premises where gambling is car
ried On, though be may be there fo- the collection OF
derec, friend The fact that he is found there is
deemed sufficient evidence TO convict him Of an infamous
offence, ether proof ben: required than that he
found upon the premises This sweeping and III judged
provision subjects any man who enters such house. with
out know ZIG is character Upon Cry OF murder or for
any other purpose however humane or necessary TO cor
tain degradation " not loss OF liberty. II gives 10 the
Commissioners the power TO create az indefinite number OF
private policemen, entirely independent Of a.! local
authority, and moi for public purposes, but TO be
used By private enterprises. and for their own
profit and purI-e matter Of What Kind soever that
those who pay them may demand The drest expressions
and cruees may be pe~etsaei against citizens In their
personal ara domestic relations through the
secret u1krowr police Net Only the commissioners
bet others who obtain this privilege whether for revenge
svsrce, may thus institute ~ nauisison over every
secret Institution be planted by this means among us
dangerous In ts tet dency and more destructive In
results than be found in any other country
which mode, law recognized government. adds
nearly two hundred thousand dollars per year to the city
taxes for sssre- alone to say nothing OF the enor nous
action Of board who placed by the STATE Legislature
hey ond the reach OF any local accountability.
II vii Ecat from adjoining counties persons 70 per
form police duty hoe, and, in return will .,
the proper time overflow those counties with cleo
u ana Se esOpe Of four saS
popuous counties thus TO have qusrered upon them
FOR lie, army OF black republican officials created by
i beard appointed al Albany, over whom they Can exert
coatroi-who-n the, canro. rcmove-but whose cnor
expenses amounting 10 owe. one million per year,
These are the principal characteristic. Of the Mc.ropol
tsD Police bil which have felt !. sacred duty 70 resist
f;:cd b. T. should cling TO II with such tensci,y Should
the people CT this abused and der.ded city be surprised
thai men who are 70 be made princes ard potentates
shoud clutch with much caerness the dazzling scepiro
Of than regal prcrogave. they are successful in
the present contest ana the police authority with all the
bill grants, shall devoive upon them, then this ~
indeed a conquered city. No, only viii it, glory
have departed but also individual rights ,he security OF
IA. The NJ Nlg
tie heretofore secure exercise OF suffrage, and many
ether guarantees Of constitutional liberty, dear ~ the
heart OF every tue American
TN sEw CIR Hal
This act l. obnoxious to the same objection in the mode
Governor power and Of coarse lac has used IT, to appoint,
without our consent board Of nvc persons who, with
O.. Tie least r'spoSisii 70 tls corporation New YORK
sumca, many millions, We sre 10 have no control over
Tie plans the expense, but Ike the police commission
the Board Is sovereign and independent We
are % fubm, % what those perssns choose 10
give u, and b. foot the bill without murmur.
Having become suJlagard by the Police bill,
n Il gpp1ecd we will behave wi.h ceccn docily under
this additional humiliation no, only Is this board clothed
with the authority 10 taX without consent, but The
Of The right OF dispong Of real eiae. This
N. sim has conferred upon IL the power ~ open negoa
sia r. soyernmsni PoSi uase to be taken from Inc
PAX II = usBecss7asy e common; further upon 30
fsersn an insult 3" TIE CorPo~s'on Of New York Ibe
whole bit s clearly rcpggnar 20 The constitution aud 10
tho rights OF the city that presumed no time viii be
ios tc.Bg the Until II is pronounced valid
afler a full aud impartial hesring--n "a, my opinion
entitled t. consideration whatever.
PAIR rfff
Te same disregard Of The provision OF tn constitution
In Ia appointment, Of commissioners 70 improve su1 /.
govern this park Ia unaffected in tbs &C: with the df
ference that the commissioners NAMED by The Legs
agurp and by tc Governor Il 10 be- regretted tsi
work intimately connected with The priie and welfare
" The CITY liable 30 80 serious an embarrassment az may
arise ~ any time IN c0Btenz the Legality OF the appoint
ea. o. The governing authority. The validity OF TIE con
sc- f0f " mproy cmcns, q the bonds issued ior the
pay therefor, aud many or quo 0ns a. IN tho
s e The commissioners, VIII be no douS; raised, % the
delay AMI pfobabi. I-tl-e inen OF the work
0r tine. ~, however, tic central power az Abany
nil the right 70 select ocers, II "a better 10
delay give up altogether public improvements until its
authority 20 DO i submitted ~ judicial decision AZ /
sarn friend OF the Central Park - am, and have been,
md as high az appreciate the atvarags ana necessity
n IL rapid completion I feel that there ~
,,,t yoyes here Of CONSEQUENCE the