The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-03

Judgment the exigsncy Of the may REQUIRE and
the sole judge Of The exisx Of such Tho res
sentatvss Of the whole people cmvened In tho two
branches Of the Lesssure are subject 10 the escepons
which have been mentioned Tho organs Of the pubic WI
bslongs TO The Legsaaure 70 arrange and distribute the
administrative functions, committing such poruoos ~ IL
deem % &C. 90 :s,
pointed by the central power, and char ing the a.
i.ngement from time 70 time as convenience, the
seem 70 require particular s,t Of Legislation
does not coonict with any Of the limitations or
power Of the oourte 70 arrssts execution, however
wise IL provisions may be, or whatever the motives may
have been Which LED 70 " enactment There 70 room for
Of the constitution but whenever this happens the rene
dy which The constitution provides by the oppor unity for
hcacious than any which be Afforded the judiciary
The courts cannot mpute 70 the Legislature any other
aon Is mot forbidden by express words or BY necessary
implication, the Judges oannot listen 70 suggestion that
the professed motives for passing area moi The real
II the be upheld upon any Views OF necas
city public expedency which the Legislature may have
entertained, the Law cannot be challenged In the
fs%i q ssps cs.'ss'er has S Sssn sad
tha. q tendency may be DISCOVERIES In the con
q Ssssssssns s' i. not inapy o.es the pow
Of the government, and thai policy in that direction
marked thau any Of our former sys.s ms ~ plainly to
leve TO be true 60 far the conve proceeded 10
that direction, IL for tho courts 70 follow; may be
should be had to this political tendency Bat cannot,
In furtherance Of such supposed policy, however pany
may be perceived, create exceptions or re' tr.ns on
sution az i written IL may be the duty Of the Iegs.
Ature follow out advance such line Of policy but
the busncss Of the courts with the text Of the fundaen
tal law a. they nnd H. The courts have political
nAxims and line OF policy to further advance Their
dutS 10 the humble one Of constituting the con niaon by
2. These general remarks lead me to the considera.
ou Of the hst ground OF objection to the act under oons
derauon s sad that by the provisions Of the act the
local constusucY Of the city of New YORK deprived Of
the rights secured to by the second section Of the tenth
that the constitution Ia 10 be taken 70 have assumed the
subject Of police to be localized In the several ces and
c, s men o,ny rSsn h vas %
framed and the second section above mentioned deter.
mined In effect that these county and city officers should
rtituency, argued that change be made by the
Lestuie by which that constituency be orived
ton would be unassaiAble il conld be maintained that
the subject Of police had by any constitutional provision
or arrangement been irrevocahly committed to the
counties and cities But there IL nothing In the
stituon directly touching the subject Of police. II such
provision e1ists must therefore, be an implied one; and
lees p the provision that city county officers shall be
chosen In the counties and cities But this does prove
Thai NE then ssns rSncSns o. county and ely ocs,.
the oes and countes No will contend that the Legsa
ture could not abolish tho ooo and he functions Of Of
lcer whoseooce not constitutional one, but
created simply by legislative oct should they determine
that the Office Of Public Administrator, Street Commits
Cd b. he ooSssuuoS had become Unnecessary or uss
less they could abolish he occ and ,tons together.
ou they deter mine that the functions Of public adm
nsators for instance should be longer local. but pub
lie convenience would be promoted by An once
having The powers, With Jurisdiction CO extensive
SS n aos S ~ .s ofe Bat suppose should DO
thai public coavsnence would be promoted by
the MARITIME counties Of he State in neither case
conceive would there be any constitutional objections 10
Which would enlarge he .sr.ors arsdicon and change
the mode Of appointment Inc local constaency would In
The cases supposed become inappioabe me conssitu
would be left 10 the legislature 10 provide slch mode OF
appointment Il should judge expedient Now, In the
that public convenience and tbs public gooi
would b promoted by aboshing the local character Of
crsasnS : new isridicsico embracing shcw. All fhs
defesdsnis' council explained the strong public no
csssiy which be supposed there was for Tho n:w
but, certainly In not impossible 70 suppose that there
nigh, be asequaie psblc motives for the consodaoo Of
could in mo nature Of hinss exit We are 70 assume for
The purposes Of this question maj insy mere,
abolition Of The local police arrangements Of The city Of
New York; canncs be implied from tho suffrage con-
fsrsd spon The people and local s1'hc Ts 70 chose mo
lead 10 the abolition Of the local ooe 10 the franchise
But the more jast view 10 hat tho franchise
created on account OF the pubic interests
eresied on account Of The fanohe rns public benefits
resulting from the onioe lead 70 the creation OF
the local constituency. When u IL determined BY
the authority which The constitution has committed the
solution Of such questions thai the Offices county oocs
longer necessary expcden We cannot that
thcy be continued county oocs In order that Tho
constituency shall BE- disappointed the enjoym Of
the hanchisc.
somc suborc questions have boon argued, but The
Vows above expressed correct dispose Of the We
Of the opinion that The judgment Of tho Supreme oour
should be affirmed, and 10 accord Dgiy affirmed
Comstock, j., and Brown, j., dssentsd.