The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-02-28

diction for was claimed or exercised except within It's
deep alarm that the inhabitants Of this populous city
their dearest interests assaed from quarter where they
had right to look for protection against threatened
which had long enjoyed and highly valued the rights and
privileges Of self government should have re-
legislation 70 transfer the administration Of most i'm.
p0tant Of their government TO political commission,
over which, az municipal body, they could exercise NO
New York as gross wanton invasion of their rights
known to be the invention and device Of an un-
scrupuloue political party founded upon elevated
motive than that which stimulates ercenary politicians
for place and power II has scarcely ever been denied
that the usurpaton Of the police power OF the city Of New
York was q movement to achieve purely partisan object.
II was change made not TO improve the government of
the city Of New York or the district but to transfer
from the hands in which 1t had been entrusted by the
people to the control of those whom tho people would
entrus with this power This change was accom-
pshed against the remonstrance Of the people and the
constituted authority 10 be affected by II. II was the
work Of arbitrary power, welded in offensive manner
with all the wisdom which usually characterize such
legislation. That resistance 70 such an act by those
in some form exceed the narrow limits Of the law
need not in free country occasion surprise.
Yet IL is matter of qualification that q vast
and intensely excited population, smartng under sense
OF deep wrong acquesced in the judgment Of the courts
the tribunal Of last resort he enlistment valid
they submitted 10 the decree and now make theft appeal
to the peoples representatives for restoration Oh their
rights. A -
In reference To the decision of the Court of Appeals he
says
i. cannot however, be denied but that the decision
not in harmony with the sentiment of the people Of the
State large majority Of whom, it is believed, concur in
the view of constituted power maintained in the luminous
and able opinion Of the distinguished Judge who spoke for
the minority Of the Court when It's judgment was pro-
nounced. But however that may be- the legal question
ever does not ecude inquiry into the justice and policy
Of the law, or an examination of the consequences
which must ensue if the system thus naugurated TO pre-
vail as the settled rule oflegsiation.
Until the bold experiment of establishing Metropolitan
Police for the city OF New York and its vicinity, il is be-
eved that imagined that any such vagrant power
was lurking in the Constitution as would authorize the
Legislature 10 dsfranchse particular locality and force
upon il local government without the consent Of the
governed.
The Legislature OF the State may limit and define the
powers Of municipal corporation; but when municipal
government has been established by law with the power
Of governing itself within the limits OF its charter, il is
plainly in violation of the first principle upon which the
existence of such corporation based that its executive
or administrative officials to be forced noon by
authority without the consent Of those for whose
fit protection the local government organized
the municipal affairs Of the City Of New York the city
poraton TO exist except in name and the powers
granted to usurped by foreign power and its own
body reduced to obedience TO foreign masters
The experiment of such legislation has yet been tried
only upon the city OF New York and vicinity but is
rule of policy be carried out may, and doubt WILL
be applied to all other cities and localities as soon
may arise when rupulous party nds itself In
power with horde Of hungry aspirans for office 70 pro-
vide for beyond their ability TO supply and In due time
may be expected that every city and village in the State
will be provided by the central power at Albany with
officers for the management of its internal concerns.
Whatever may be regarded the legal aspect of
such question, Il is impossible that the tnan-
guration Of such policy can be received with favor
anywhere Regard for The rights Of tue people in tn.
lection Of their public agents. from the highest 10 the
lowest, been predon inant principle almost unver
sally acted upon the administration Of government
in every department a leading idea in the forma-
ton present State constitution AID was supposed 10
have been placed beyond the reach of legislative invasion
BY the of that The people had be-
FESTIVE under attempted control localities by
a ruling political dynasty Of the capital, and hence pro
vision framed by which any interference In the Sc
lection of county, town. city and village officers by any
branch the state supposed TO be for
hidden The debate and ings Of the Convention OF
1s46 and the constitution which the result Of its Ia
need only be referred 10 TO show that the prevailing
spirit which controlled Us deliberations and results was
hostility the Capitalization Of State powers and de-
sire 70 obtain security for the future by dec
araon Of local Independence in the choice of local agents
these interests had by the trainers Of this constitution
been placed beyond the reach Of ncrcenary yran
meal power which, by any accident or misfortune should
after obtain control OF the Legislature OF the state
II Is now, however made evident that those wise and
saluary provs unequal to the purpose for which
they were desired By an edroit scheme, devised by
needy and aspiring partisans, the spirit OF the constu
ton may be violated with mpunity the courts are pow
erless TO give relief and every city, county, town and
village the management aud control Of its internal az
fars placed the mercy Of political majority in the
Legislature: they liable 10 invasion by any number
Of foreign emssareo which the exgences OF political
majority may force upon them while taxation wruug
from the people 10 support the political fayortes deputcd
10 exercise authority over them.
Mr.. Mathcr goes 10 exhibit the multfarious evils
which spring from such violation OF the consttu
uons rights OF citizens IN all the details OF municipal gov
eminent New York and Brooklyn, nay, even New York
and schenectady may he connected under govern
mont and hoet OF needy politicians from abroad be
pointed az Albany control their municipal Offices and
receive their pay from the tax payers who have voice
IN their election. After dwelling at some length on these
dangers the independent of our great citos
Er. Nsher thus concludes his report
Every transfer Of the legitimate power OF the people OF
airy locality TO agents by central dynasty,
is one step the direction Of despotsm andfr step
may be taken with impunty, another and larger stride
will inevitably follow. Eternal vigilance the price of
liberty and regard for the teachings OF this erca, maxim
essential 10 the preservation OF free government as
potent In the effort 10 achieve IL single effort OF
depo,c Legislation may not In itself furnish ground Tor
serious apprehension, beyond the limits whore The
injury directly felt but the most appropriate period
for the correction Of error and for the redress OF
great wrong when the appeal first made TO the trl
buDal capable OF aiordng relief The people OF the Me-
tropoisn Police district appeal 10 the Legislature 70 re-
store 10 them their ancient rights. They have been
deprived o. them against thelr earnest ana
without interruption for period beyond the memory OF
living have been taken away for no higher purpose
than 10 swell partisan triumph and graty partisan ambi
ton. II the work Of graspng and Inscriptions poll
tcians. New York. Kings, Westchester aud Richmond
desired no copartnershp in the OF their
nicipal affairs: and above ALL they desired political
commission selected at Albany 10 create and control their
local police They desired then, as they desire nov, 70
administer their local government within their own
territory without interference Of the state Authorities:
and while they AK more than Is their scSnos
legged right, u ~ not ther purpose ID quletl!
submit 10 unprovoked outrage, long the
Of legitimate resistance furnishes the hope Of ult
mate redress In reference to that portion OF the annual
message OF his Excoency the Governor commenting the
operations Of the Metropolitan Police act to legislative IA
yor the Undersigned need only add that the executive
recommendation ~ not in accordance with the views aud
sediments Of any considerable portion OF the people who
subjected to the operations Of the law No reform Is
even claimed 10 have been effected The extent of tSe
achievement that the legislature has dismissed from
service the efficient police force organized In
the city OF New York and substituted In their stead With
few exceptions partisan police, without regard 10 their
qualifications or efficiency under whose auspices crime
and taxation steadily the increase The people OF
New York, Kings, Richmond and Westchetter. by The
unanimous OF their repr6s snatve in the Senate aud
Assembly demand that this obnoxious law be anuullcd;
that their foreign masters be discharged and That they
be permitted again TO exercise the rights and immuutos
of self government
ABSTRACT OF SENATOR OWENS BILL TO AMEND ruE
METROPOLITAN POLICE LAW.
The following abstract OF tho bill introduced INTO
the Senate by Mr. Uven 10 amend the Metropolitan Poce
law If April, 1857 II will probably be the measure
agreed upon by the black republicans as substitute Tor
the obnoxious act Of the last legislature
nrets acfio NJ tha -