The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-02-28
The Metropolitan Police Law In the Les,Aln-

The Metropolitan Police Law In the Les,sIn-
tur-.
We publish below abstracts OF the report of Mr. Weir,
IN The House OF Assembly, the bill for the repeal Of the
Metropolitan Police law the minority report of Mr. Jonn
C. Aather in the Senate on his bill for the pur
pose and Senator Owens bill TO amend the Metropo-
kan Police Law OF last sessioa-a of which just
occupying the attention Of the State legislature reported
ABSTRACT OF THE REPORT OF THE COMMITTEES ON THE
BILL RELATIVE TO THE REPEAL OF THE METRoPO
LITAN POLICE LAW.
n the Assembly, on the 18th Of February Mr.. Weir,
from the Committee the Incorporation Of Cities aud Viii
lagos to whom referred the Metropolitan Police bin
Of APRIL 1857, and the bill for its repeal.
The Repeal bill they report favoraby into the House,
and recommend lis passage without amendments. In the
examination Of the Metropolitan Police law, they review
Ne dangerous effects precedent-s conflict with the
constitution In abiding to the former police system the
By looking back we find .ha. previous 1874 the city
Of New York had but few officers, who IN the day time
acted police force whilst at night the property and
safety Of its citizens protected by some eight hun
ered watchmen The people of the metropolis, becoming
sensible that the day poll officers before alluded To
were altogether insufficient for the purpose of shielding
em against The depreda.ons of burglars and assassns,
called for the sooshment Of the night watch that they
might DO xerul and eff Gent system in is
place In accordance with the wishes and action OF the
citizens Of that locality the police of the city OF New York
were regulated and governed to an act Of the
legislature passed in The year ls44. The whole force,
according to that act consisted of chief of police, cap
ans assistant captains and pocemen not TO exceed eight
hundred in number AMI they all appointed by 1e
Mayor and Common Council and the Assessors OF the seve
raj wards. In the establishment Of the new system we
see the Legislature acting il harmony with the will Of the
people
By IN amendment Of the CITY charter passed the year
1649 separate department organized for police
poses and the Mayor was made its head. chief of
police required TO be appointed by the Mayor by
and with the consent Of the Board Of Aldermen" In this
alteration no dissatisfaction visible, and
qaence the Legislature acted in with the feel
ngs Of the electors Of the city of new York.
After the ABORTION Of The constitution Of 1883 the Police
Department recognized by Of the legislature
and the Mayor Recorder and City Judge constituted
a Board OF Commissioners Of Police" and 70 that
The Chief of Police Of all the subordnaes of the police
force, and the duty Of trying delinquent policemen The
1S49 Here again as in the preceding changes that
made, peace and queness prevailed this state of things
existed because the act Of the Legislature in confor
unity with the expectations Of the citizens of the locality
They then proceeded TO give history Of the obnoxious
provisions Of the Metropolitan Police law with which we
are unfortunately too familiar.
Ia this history and description of the previous and pre-
operation Of the acts Of the Legislature they declare
that have the distinct features of the difference be-
tween usurped and the mutual operation of the
people and their representatives in the substitution of
laws that not the result Of that reciprocal feeling of
agreement which should exist between citizens whose
interest and welfare Identical Up TO the passage Of
the Metropolitan Police act of April Is, 1857, thsre
disposition manifested by the people OF the oxy o.
New York hostile to the action Of preceding Legislatures
regarding the regulation and management of their NUM-
cpal police AS long the citizens of this locality were
satisfied with the evidence that they allowed TO
vide for their safety in the selection OF their
agents ana that there apparent attempt 70 inter-
fere with their recognized sovereignty within the limits OF
the jurisdiction Of the city, they ,ontented but when
the April Is announced having passed need
ed no scrutiny but the instructive voton Of the first i'm
pulse showed them that the leg had outraged the
constitution attacking and rendering useless the great
principle Of self government in Withdrawing from them
tie power Of exercising in the localities the attributes
Of that municipal organization which LAYS the
foundation and from whence springs the true phase and
thus formed correct have only to to the
analysis Of the arguments which have been produced to
sustain the Legislature in this attempt to give construc
ton TO the constitutional construction which deem
wholly at variance with its intention and provisions.
people electors of the four counties for whom the
nav created Ihave declared repugnant - their
ideas of what they conceive be the rights guar
them by the constitution Over million and quarter of
people speaking through their within the
precincts the operation Of the enactments OF this act,
refused endorse T. With such evidence Of its revolving
features possible that shall remain in opposition TO
he will OF this multitude who protest against its accept
ance and continuance
The action OF the Legislature of 1857 in constituting
their power TO AVOID the apparent violation OF the
constitution uniting four counties AMI making them
district, does not alter the fact that the sphere OF the
violation extended in the evident action OF perpe
Catng justice 10 the Interpretation OF that instrument
BY close perusal of the rights OF cities, towns and
villages the orgnators OF the Metropolitan act Of 1857
forced TO abandon the application OF the law 10 the
city Of New York. and therefore they bothough them
selves Of expedtnt 70 incorporate this Offending 10
calty with three OF the other counties an bame the
persons within this increased boundary district Here
have the evidence of adroitress Of fertility which
becomes the segh OF hand pretensons OF the ugger
than does eeuay the far seeing capa't, OF those Legs
istors.
me committee combat the idea that the public function
ar having abusea thor Is any justification for
deprvDg the whole body Of electors OF their privilege TO
their officers The decision OF the Court OF Appeals
next taken up, and the principal func;onary thereof
~ severely dealt with, for " foregoing the hmltion 10
which the judiciary properly restricted, and alying
high functions OF his Office with that of the Iegsla
are, IN combining and making common cause with II in
Court of Appeals they say does not pretend to for
tfy The act Of the Legislature by any evidence that the
latter body called upon through the usual ode Of
application by petition or Otherwise for an alteration in
The police Of either Of the four counties but goes on to
suppose that the creation OF the act must be considered To
have determined that public convenience and the public
good would be promoted by abohng the local character
Of the police Of the Counties Ii the people of the
four counties that were to be reached by effects
bill did complain or call for the interpretation OF tho
Legislature in altering the law where or from whence
came the proof that the CELEBRATION Of their rights would
be "public cnnvenlencep' From the absence OF any
manifestations OF the four counties In asserting 10 desr
Dg change for the "publc convenience" see that
The supIoson Of the legislature and the supposon ~
the Of Appeals frivolous and unworthy pretexs
20 carry through some nvdous or Interested urpose Of
the inssaors for the infection OF n wrong upon the
stitutonal rights u their fellow citizens.
After dsputDg point that the public interests Of any
locality would be prejudced by the vested right which
gives the people the power Of abolishng n local
Office by the exercise Of the franchise the committee pro
coed TO show thai ihe CUES o. ses nork anu nroSxyn
right Of selecting Police Commissioners, but they have
been likewise oppressed with such additional taxation and
burdens In the expenditure Of moneys would suit the
extensive views OF these centralized commissioners
and that with regard 10 the public local interest being
prossed by the establishment the Metropolitan Police
act within the cities Of New York and BROOKLYN the
suit Of liz operations has been that OF total untness aud
nadequacy meet the expected predictions Of s authors
Ar respects the counties OF Richmond and Westchcster,
the local and reserved power Of the inhabitants has shown
that the anticipated usirpAton Of their rights by their
acton have been render I'd exslatively useless.
ne report concludes thus
BY the existence Of the law and the management Of
those by whom lis stpulaions being carried out,
there been added the expenses OF the treasury OF
the city Of New York quarter Of million of dol
lars Here, then u of the effects OF attempt
legate fer what has been termed the public interest;
but unfortunately for the citizens Of the metropolis they
cannot recognize the application Of such term coming
within the scope OF this meaning nasmuch the raising
Of the above amount Of money extracted from the resi-
dents of the city OF New York We're the citizens OF the
re OF the required 10 furnish the proportion OF the
amount o moneys deay the increased expenses Of tho
city then IL might be assumed that was general and
MOI local trans action the burthen OF which falls most
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