The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-09-09

'NN''s "A'p Wcm ia tiic htAurits OI q mnn'St
pal d'nrer So, in their haste, they cast to
whole blame upon the devoted head az Sapsrin
terdent Tallmaoge.
BIt in 80 Soing-in thus en0eavoring 10 cave
Gov King from the merited coodemuatio5
which should fall upon him, and which ever
citizen lays upon bis head--Fbe Metropolis
| Police Board has given a deadly biloxi TO the
| system upon which its own existence is based.
| No step that it could have taken would have
| brought into stronger contrast the weakness ~
| impersonal responsibility and personal iacapa
| city on one side, and responsible authority aud
personal capacity and energy on the other.
| Gov King had just demonstrated his utter
unftness and incapacity in even COM
| mon emergency. The Board system Of execu-
| tive police had proved an utter failure.
| But, 10 save themselves, they selected as
| victim the very man whose aotecedents rem
| der bin impregrsbie to their accusations. At
| the time OF TIE A.tcr place riot Superin.en-
dent Chen RecoIder) Tallmadge proved him
| self 10 be the very maa for suon an emergency
! as the Staten Island uprising. his firmness,
| energy and readiness to act saved our city at
that time from The rule Of the rioters and called
forth the approval Of every good citizen. The
6efeIce of Gov. King and the Metropolitan Po-
| lice Board hes made 1t evident to every citizen
that il We had had the old police system in
force here, with man Of energy and eff
cheney, as Superintendent Tallmadge, or Of ex.
ecutive ability and readiness, as Mayor Wood,
at the head Of it. not only would the second
nights destruction have been avoided but
tha' o. the frs. night would have been pre-.
vented
The necessity Of nominating as candidates
for pnbc office men who have capacity and fit
ness to WELD executive power, instead Of the
eSpedient resort to weak ard imbecile poiiti
clans, is eminently shown in the case Of Gov.
King. Nothing eau be more vapid and
foolish than his proclamation proclaim
irg Richmond county in state of in
surrection. Verbose in style, puerile in
thought, t'uculent in spirit, and sophomore
in construction, it bias brought upon him the
ridicule and contempt of all parties not even
excepting his own Bot, besides all these, it Is
unfounded in Law, and fragrant violation Of
the constitution The powers of the Governor
to proclaim any place or county in a state of
insurrection are derived from the constitution
and laws Of the State, and are pretty we'll de-
fined. We have examined them In the consti-
tuition the proclaiming of martial law is
Ignored. 1t does not contemplate that the
people will take arms against Themselves; but
the statute does consider that there may be in
terruptions to the execution OF civil aud crimi-
nal process, and for such cases it makes proyi-
sion The Governors whole authority seems to
he derived from the 9TH article of the Sd part
Of the Revised Statutes, vol. 2, 4th edition,
pages Gs4 and 6s5.
Section 90 prescribes the mode and states the
occasion on and by which the Sheriff or other
public officer authorised to execute process de-
Gvered to him, who has reason to apprehend
resistance, may raise posse, civil or military.
Section 100 makes it his duty to certify to
the Court the names Of the resisters, that they
may be proceeded against for contempt.
Section l01 provides that 1t shall be q mis-.
demeanor to refuse to aid the Sheriff.
Section I02 relates to the Governors autho-
rity and reads as follows
In shall appear the Governor that the power
Of Any county Will moi be sufficient sheriff
application OF such Sheriff. order such . military force
from any oer County or counties Of this Ate shall
LeceAsASy.
We have not heard that any such application
has been made to the Governor, and for the
simple reason that he has met with no such re-
distance. If he has failed in his duty In this
particular, however, the law specifies what is
to be done with him.
Section l03 Is, however, the one on which
Governor King relies for issuing his pronuaeia-
miesto Let US see what ID says:-
wherever the Governor aha, be satisfied that the exc.
cutcn OF civil end criminal prccefs forcssy 70
slated In any comfy counties Of this BY bodies OF
men or sn.s com onaoIs 70 rssst the Of such
hat ts poser srch county counties has bseu er-
eitso, and net sufcost 70 enable sbc oicer hs vins
such process execute The came, he On tue appcs
county or Of ore Judges Of he County c,Se sssTs
and u such other p.pss. he shall direct .Sc
county or counties 70 30 10 . slate Of nsurrecuon and
nay esees so .he ssros o. shs sse such lumber and
iA OF Ills slate .. he tbAi deem pecessAyy 70 serve
fer such term as 10 shall olrc and under the command
o rnch ccer % cheers NJ he sha think proper the
Governor may when lie shall think proper revoke de-
care that ruch proclamation sha cease such Time and
In such manner IS he shall direct
The next three sections provide for the en-
forcement Of a penalty for resisting the execu.
ton Of such process for the payment Of the mi
litia called into service, and for the auditing,
&C, of the accounts by the Comptroller.
After reading these provisions Of the law,
comment Ia unnecessary. No civil or criminal
process has been resisted All the parties ar
rested have given bail to appear and answer,
and others inspected have surrendered volunta-
rily. There has not TO our knowledge been
single step taken which warrants the issue Of this
proclamation; the power Of the county of Rich
mond, If 1t were 10, has neither been evoked or
exhausted No officer having civil or criminal
process, or District Attorney, or Judge, has
made the requisite demand on the Governor for