The Washington union., 1857-04-24
7 UNCONSTITUTIONAL LEGISLATION.

Legislation is like navigation. No man is safe
without charts, compass, and quadrant No man
is safe who does not heed the chart and guide his
barque by the fixed and certain lights on the shore;
and in dark, dangerous, and tempestuous days and
nights when the sun is hid and the stars afford no
light the vigilance and capacity of the pilot then
seen in his close and scrupuous adhesion to those
only guides that can save from shipwreck and guide
the mariner into the harbor where they would be.
The wide difference between the democratic party
and their opponents consists in the relative regard
each pays to the fundamental laws of the land and
the refusal to assume doubtful powers. The demo-
cratic party make the constitution the guide of their
voyage; and the darker the times and the more dan
gerous the hour the closer they adhere to the great
chart of their voyage. They go where this leads;
they do what this commands; they refuse to do
what this forbds; and the long lease of power given
by the people to the democratic party has arisen from
the confidence of the people that the compacts and
compromises of the constitution will be kept while,
on the other hand the party of the opposition, under
what name soever, or aliases, it may be known, has
been distinguished by its swerving from the true
light; its elevation of the conscience the con-
stitution its assumption of doubtful powers, and its
creation of measures to benefit the few and harm the
many.
We have an illustration of these remarks in the
conduct of the New York Legislature just closed.
The power in that body was in the hands OF
the enemies OF the democracy, They avowed
the line of action that, as they had United
States government patronage to give, they must
L. r. L.,
men needed an office, and demanded one to be made
for each. Men painted to get their fingers into the
treasury of the city; and ambitious men wanted the
power of the mayor, if not his Office Hence the pas
sage of the bill creating nine port-wardens the
commission to control the police, and the commits
sion to erect a new City Hail. Now, it is the judg-
ment of the best legal minds in New York that all
these acts clearly unconstitutional Each of the
above offices is "city Office and by the const-
sation all such offices must be filed by persons cho
sen by the electors of the cities, towns, and villages.
The operation of these laws will be resisted to the
last resort in the courts. The common council OF
the city have resolved to resist the obnoxious
and unconstitutional bills at the cost of the city.
Blr Wood WILL probably, not recognise these
new rulers sent from afar. The new commits
sion will be poweress. mandamus will be taken
out. The case viii go from court to court appeal
will follow appeal months will pass years will roll
along, and, before the court of appeals will reach the
case or decide it, the party in power will have
been swept away like chaf before the whirl-
wind and the acts of these madmen will be remem-
bered only as a beacon and warning. In the mean
time confusion, embarrassment, and litigation will
follow this attempt to promote black-repubicanism
at the expense Of the fundamental law of the State
Since the above was written, we learn from the
New York papers of last Wednesday evening that
the mayor Of that city has taken the necessary legal
steps in order to test the consttutionaty of an act
which literally places the persons and property of
the citizens of that great metropolis at the disposal
of the black-repubcan dictators at Albany. We
copy the following from the Express:
This morning Mayor Wood served the order Of Jndoe
Davies upon the Defendants also, a long comnlaint
which is founded upon the allegation that the new law d
evasion and in violation Of the constitution and that
the board of aldermen having passed resolution direct
ing the mayor, &c. not TO submit to the law and the
board of councmen having by vote Of thirty 6ye To
ve avowed their determination to resist the law there
may arise copAct Of authority which may destroy the
efficiency Of the police and eudanger the public peace
To prevent that consequence the court Is asked to re-
strain the commissioners until the courts can pass on the
question.