The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-24

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10 Rome beware!
Who arc tho Resi Law Rreakersy
An organ of the republican party endeavors to
fasten upon Mayor Wood the odium of resisting
the law. 1t is said that opposition to the Metro.
politan Police act was legitimate and coustitu-
tional when that act was mere bill before the
Legislature, but that nov it has taken its place
on the statute book it is entitled to respect and
obedience from every good citizen. And 1t is
stated that Mayor Wood, in opposing the enforce
ment Of said act wishes to raise himself above the
Law, and sets an example of anarchy and insubor-
dination
Those who pursue this line Of argument COM
NIT double blunder. They forget 10 the first
place, that Fernando Wood, in opposing the Ne
tropolitan Police act, Is not acting as a private
individual, but as the chartered executive, and
chief magistrate Of the city. His defence Of the
freedom Of New York, now for the first time as
sailed by corrupt party at Albany, is not an in
dividual act; it IS the necessary function of the
instrument whom we have appointed 10 perform
certain magsterial duties. We have yet to learn
that any private individual, however humble, is
not authorized to test the constitutionality of q
law which he deems unconstitutional; but Mayor
| Wood is not reduced to rely on this right BY
his oath OF Office he undertook TO perform certain
duties connected with the government of the city.
While he is discharging these duties, there ap.
pears, suddenly, a band Of politicians who claim
to have a better right than he to perform them
He denies the justice Of their claim, ard appeals
G,.ox 10 r. ~x., a 4
right Of seEgoverrrent enjoyed by the people
of the city. They, reeting solely on new sta
tute, inRst; whereupN the contest between the
two rivals goes before the courts and is ltlgated
Does any sane person really think Mayor Wood
would be justified in giving up posse ssion. and
voluntarily placing hir1self IN the position Of
Itaintif instead of defendant
But Mayo, Wood occupies, pr eyoellsn.y, teat.
titude of defender and exponent Of the, Law; it
Ii his adversaries who arc TIE law broakers. lie
reefs, anchored securely, upen' the old MonIso-
merle and Dorgan charters, which have bee "a
tilted solemnly BY every act ever passed by the
Legislature for the regulation Of municipal MT.
ters from the first establishments Of the Legislature
to its very session OF 1851. TIE Legislature CT,
1857 declared positively in its rev charter tba
nothing therein contained should be construed a.
repeating the old Montgomerie and Dongau char
tiers, but that on taecontrary s,chsrtcrs should
Continue to be and 10 have full fcec and effect.
In the teeth Of this very positive enactment and
in defiance Of Q law which has been hallowed by |
century's respect and obedience, these go
called Commissioners, Draper, Nye, Strsaahan & |
Co. have the irpudence to sttenpt to wrest |
the control Of tho police out of the hands of !
Mayor Wood and the most important functions
Of government from the magistrates to whom
they were committed by US They attempt THE
not only by open assault, and public summons,
but by underhand negotiation, by q .tampering !
with police captains, by Q mixture OF C sjoling
and bullying wei, calculated to affect the men
who compose the force We should like TO know
ffom our republican contemporaries whether this
is breaking the .aw, and IL IL is not, what Isl
We apprehend that, should the decision Of tho
Court Of Appeals be adverse to the stand taken
by Mayor Wood, and should the hopelessness Of
further contest decide the people Of the city to-
appeal e, asse 20 the Legislature at its next Sos
zion, and submit patiently meanwhile even tbs |
opponents Of Mayor Wood would be forced to ai..
init that he fulelled his duty In an upright ard
conscientious manner during the contest, ard
that, had he shown less frmness he would have
proved himself unequal to the trust imposed up7
on him. he can succumb, should that be our
evil destiny, gracefully and msnfully; where
or, should the Court Of Appeals as VIC presume
II will not fill TO do decide that the Governor Of
The State IL not the despot of the city, that tho
A IN
officers, and that Mcssrs. Draperand Company base
no business TO intermeddle in the government Of
tss city, NC imsgine that tho beet and only thing
which MssrS Draper & Co.'S friends cousa do
wcnld I've TO false a subscription TO crabie them
TO bear the cost Of the actions for conspiracy aod
riot which would iniallibly be brought .gains.
them, and TO pay the damages which ve1ious par
iC might claim from them In consequence Of The
disorder, confusion slai anarchy which they bsve
| created.
In one sense. s,ecess Is the only scst OF right:
| If Draper and his friends succeed, they may b.
forgiven, and goi rid Of some other way: 4 they
| fail, they ought to be SEVERELY punisAed for
| they. most undoubtedly, are the men who have
broken the law, and not the Mayor, who has done
nothing but discharge the duties the people
thrust ON him. Governor King nod bis friends
have broken the charter Of 1851, the Montgome-
RE and Dongan charter, and every Intervening
act on municipal affairs; they have dlsregardsd
that clause OF the constitution which forbils State
Legislatures to repeal contracts; and they have
d,libera,ely-through their agents-tried to pro-
duce general condition Of anarchy here. II ssy
one ought 10 feel ashamed Of the condition OF
things IL Is not Mayor Wood
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CoScTRS ven Ex-SEcRErAEr MARcr.-Some
of The Virginia politicians arc very much con-
cerned about the present political tendencies Of