The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-13


the two governments, and a war Of States, fac
tions and iilibus,ers in Central Americs-at least
during the tenn of Mr.. Buchanan's admnistra-
ton. In fact, if these new and extraordinary
outside complications Of the slavery question
shall result 10 rohing worse than diplomatic
veIbisge snd fiibusteriog forays, the commercial
world Will have occasion to be thankful.
The Court or Appeals on Municipal Liberty.
As We have already stated. the Court of APP
peals will he occupied next week with the not
uHimpl RANT question whether or no the Metro
pOtan Police law of the last session of the State
Legislature is constitutional, and whether the
people of this city have any rights which the lie
gisature is bound to respect Tue consequences
OF the decision TO be rendered on the case submit
ted next week will be felt perhaps for centuries
to come throughout this ooustry.
The case goes to the Court of Appeals on few
strong points Toe opponents of the Law take
the ground that the Legislature Was debarred
| from passing any such law, FIRST by the rights OF
| seE-gOvernment, inherent. according to our po-
litical principles, in this as every community,
and secondly, by the long list of charters by
which that right Of self governmen. was ia the
fullest manner secured to the city, and which are
in the light O. compacts bet Scea the cty and the
State, not on auy account to b, broken without
the consent OF both pal ties On the other hand,
the advocates ofthe centralizing maj ority at Al
bany argue that there is nothing in the law that
is at open variance with the constitution, and
that, under the constitution the Legislature has
right to appoint policemen, aud Commissioners
of police, ia word to establish q police force
for the whole or any part of the State. These
are In few words. the positions Of the coatcad
| ing parties
| Now, a little reflection, preceded by careful
examination of the constitution, and of our On
stitutions generally, will lead to the discovery
that the truth lies between these propositions
On the one hand, 1t is likely enough tina. the con-
stitutiOn does not prohibit the State government
from establishing police force when aud where
il chooses within the State. OF course, com uon
sense tells us that such police force mast look
for payment to its employer, the Legislature, and
not to any other body; as oae body or person
cannot, of his own free will and mere motion,
create an obligation for another body or person
who is a stranger TO the transaction. Thas far
then, II is possible the Court of Appeals may dc
eide the law to be constitutional, and correct
though from the want Of an appropriation TO
provide for the payment of persons employed
under it as policemen il is not likely that il can
be carried into effect TO any considerable extent
But, on the other hand, there il claus, in tie
law which directly substitutes the new State
police for the old municipal police. 1t is directed
that the police property shal be given to the
Lew commissioners and that said new conmis-
sioners shall take the place, and perform all the
duties Of the present municipal commissioners vino
arc elected by the people of tue city. This part of
| the law cannot possibly be held to be consistent
with the constitution the first principles OF our
institutions. As to the property: 1t belongs TO
the city, and was paid for with the money Of the
city; il is much the property Of the city, as any
mans coat or hat is his property; how then can
the Legislature undertake to coniscate il to the
benefit OF General Nyc and Sim. Draper? Can
this I've constitutional? ii it is. no mans pro-
per,y is safe, and the days Of conGscatoas have
returned. Again, az 20 the substitution OF Al
bany made commissioners for these elected by
the poop Of the city: the right to elect magis-
trates is the simplest aud most natural OF all civic
rights: there is no true distinction, in point of
principle, bet wcen the Office OF police com mis-
sioner, and any other administrative Office; if the
city have nct the right, the exclusive right, 10
elect the one, neither has IL the right to elect
aty; II only elects q Mayor aud Aldermen, by
tolerance Of The Legislature This is the ineyila-
be conclusion to which a judgment confirming
b this portion Of the law would lead u.s. AEd un-
less he Court Of Appeals is prepared to decide
that the people OF New York have no abstract
indefeasible right 20 elect their Own magistrates,
and administrators, but that the Legislature
may, when IL plcascs. step in and deprive them
Of the right OF olecting no. this now that official,
until the whole city government BE- virtually
transferred to Albany, the decision OF the Court
must he fatal TO this portion of The law.
VIC expect, with some sanguue confidence, that
the Judges Of TIRE Court or Appeals wilt d.al With
the question on broader and more phil1sophcal
plan than the Court below Tncy are no dol5.
aware that nothing but their dccsioa in this case
/ Is awaited before proceedings are taken to assll
the Central Park and City Hall acts both of
which are maniiostly unconstitutional, and the
Port wardcn's act which l. part of the same
scheme Of Capitalization of Albany. Under thcs,
circumstances perhaps II might not be too much
10 expect of the highest Court in the State som,
general reflections on the policy of Capitalization
in the abstrac. aud on the application Of il TO the
State in this instance; together. possibly, with
few suggestions in relation 10 the consequences Of
municipal decay and the probable importance
that ought rightly TO b. attached 10 free NUM-
cipal institutions.
Mn. SIcELEs AND Hrs CaRD-Mr. Daniel L.
sickles has published a card denying the truth of
our report of certain proceedings Of late bogus