New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-03

ey.. eruo. process. B, xss.eye osns nsy b s.s4 V
s :i: e. k s: ::p. ss "a ss
= %.s and re@oye them rfhtfall nd ens
s.:s H. y s.:'r' The fss pity & Ne
more ss: <. Ley sasr: :, ln ass %Sy
ire STATS dI:'re ,. :, 'A: P1I gs 3! rs
ice .s Il; .u.s sslsr i: :sssraS... chill,
. .Sa AGENT. every ETY. and as%ls; y n: 4, s: r.:
The "a .. ii, .s you'd ns G
ow a. incident the main powell The r.ncipe o. me
g. s.,Ds. e III. &. p
tan Act relates police. The nest &C. may rsste 20
to ,1.sp *. ssso. nd sasse.
cities ard villages shall no lonss, select ner
70 Do n ns also think tia: B,s-as Of Supervisor. shall no
Ourr sanction and apyosn i .ns .o%p. are held - b
integral snd iuderucbe rsti,ons Of the s',s and tne
.ss Of n s .n - ' S: 's the @
men ard collection Of Board O 81 seus Vs
oa them and the sn ss%s Ss. the MstfopSsn in
i, Co"HE.., IN pefi . 10 upon
,bs win Of this board for their officers; collect into the
e. ssG 70 i. agents M Ii. sam. scheme
SeHs "sds md md r. com
h, ad I q Ss .SS sscnc. in the
pestnce Of this modern rule Of constitutional constrn
S0 Il said hswevei justice have
nothing do with results and and no con-
c.y az 10 iudsments private rights only admit
o,es sh SSs .s: M and
involve construction Of statutes and ordinances legislative
In re.oect to them the bound to consider what
to follow give the consequences some weight IN the dep
have INTENDED viii aside their purposes and s'
their designs sppsrent upon the ace 81 que . %
and avoided and other adopted in IFS place. MI
justice Blackstone Ia, remarked that sSnIn
the snd the reason and spirit OF me
law n Illustrations may be further derived from the sup
with reference to which the ss are cfa
That the Effects aud CONSEQUENCE OF parti,uar a
Involve manifest sbsurdty, it ought not to be adopted
And that the reason and spirit OF the sw ana e If
tie word and limit their application" s9ry on the Cons
tuition Here the authority o. TIVE ss and
onenc.s are elements in determining the sense oil VIM.
,,asou or an sbsariiy must be rejected Hence the
principle Of the metropolitan Police Act, in conflict with the
.e. there designed to be secured will ssarily 'ub
the of the LEGISLATURE tor that 81 tle or @
of appointment which the organic law reserves to the latter
The power Of local appointment and administration cannot con-
.ttuouay the electors and authorities OF cities and
Of in exclusion q the other And this
either constIue Constitution that local rights and priv
shs remain to be exercised and enjoyed by the local conu
ne sanction eonstIact9n Which na na 1 'jn
Ills place speak Of the sat in the Convention oil
oS M ~ their account But the Of
Of wst they said and did remain for the nioruston- wi
no, ay in.tfuon-of times And quite sure thai
there |, not single expression in that record which
vors the intention imputed to them Neither in the debates
nor In the orgsnc instrument which they framed there the
sricst an station of design TO leave the Legislature in
power which might be welded to the prejudice
far the destruction, of the rights and privileges reserved
| TO the local communities. 49, -, a.
The remedy the ills and disorders which aHict the STATE
will not found in of doubtful and
which deprive individual citizens inherent rights or popIos
and powerful communities of franchises OF ImmeinoIa an
ouy such legislation may sgssyse and protract the evil
but il will not health and strength to the political body
ut, their force and efficiency upon the enlightened moral
sense Of upon whom they 70 operate and as un
wise az unwsTsned TO acts which impair inherent
hts in the hope Of useful beneficial results II laws
adequate tho and regulation OF great cities ana
the ecurty pe1scns and property therein impossible
present organic system let us proceed to amend and
reconstruct under the forms whic prescrbes rather
than resort TO legislative which subverye Of unda
entail PRINCIPLES end the faith and obligation OF written com'
The judgment of the Supreme Court should be reversed
CoNsTooK, Judge, expressed his concurrence gener.
ally WITH the views and conclusions Of this opinion