The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-09-20
OPINIONS OF THE PEOPLE.
WAREHOUSES; FOR YELLOW FEVER SHIPS.
10 1lIY KnrrnR or THE HERALD.

FOR YELLOW FEWER SHIPS.
TO EDITOR OF THE HERALD.
ASH see some mention made about locating Quarantine
ihe West Bank Sandy Hook, permit TO call your
attention to the suggestion Of Dr. A. N Bell Of Brooklyn
made two years He therein proposed the erection Of
large warehouses; alongside of which yellow fever ships
should discharge their crgoes and reload there for any
other port tehy might wish CO. Cotton, whatever
cargoes they might have engaged should be down
them in steam freight boats the rates TO be fixed by the
Chamber OF Commerce, and not by a health officer
Thus the vessels would be set free,
and one Of the gravcst evils Of our Quarantine the
runous detention Of vessels, abolished The ware
houses should be erected by private company and their
charges regulated by the Chamber OF Commerce. and by
by the Board Of Health. II must be evident 10
every that In commercial point Of view, this plan
would al once do away with the extortions
position which is the only proper one for him 10 occupy
namely that Of physician solely not that Of steyedore
and lighterman also
THE oovERsoR's ooNpucr NOT LEGAL.
NEW YORK HERALD.
The subject matter Of proclamation declaring county
in state Of nsurrection a prerogaiive and
argue only 20 be taken into consideration when the
IRENE exgences Of circumstance and occasion demands
The exercise Of power invested In officer Il TO be
used only a necessity and argue that necessity must
exist in order 10 justify what deemed 10 yasion
II self evident that military organized and In
tended be used only such occasions are
referred 10 IN section eight, article Of the
suton, which provides for calling forth the militia
execute Of the Unon suppress instructions and
repel invasion. l would ask Il this Is oonsum-
mated IN the execution Of duty assigned 70 our
uocpf Have the people Of Staten Island rcbecds
Has any opposition been offered toward the cxecu-
Of the civil aFms None has that know o. Conse-
qucnty the sending Of troops be domciled and quar-
tered a neighborng county TO- my opinion, stretch
If executive authority unwarrantcd either in equity
hw Aside from this, the question H. In our militia 10
A
designing ocan Are they be controlled by the will
Of an individual or rs the law 70 be their guidef GER
sainly hold that the commanding officer of a regiment
bound he II by the socmnity and obligation 81 oath
compelled execute the laws Of the State and pursuant
state the government of the militia commissioned
officer y compelled 10 obey illegal order; that the
order issued by Governor King II illegal and contrary
the very SECTION IL law pleads his jus alton
Pursuant to paragraph nineteen Of the act ~ April rs,
1915 Whenever the Governor shall be satisfied that the
execution u civil criminal process has been forciby
sisted any county counties of this state by bodies of
men, that combinations resist the execution Of such
process by force exists IN any such county or counties,
and that the power of such county counties has
been exerted and Ia not sufficient 70 enable the
orcer having such process 70 execute the same,
he may, the application Of such otfcer or
the District Attorney q such county. or Of one az
the Judges q the county courts thereof by proclamation
70 b. published N the state and 10 such other pa
pcrs he shall Direct declare such county or coua 10
b. in state Of Instruction. and may order into the ser
vice Of the state such number and description of
Uniform companies other militia &C STATE as
he shall deem necessary, 10 for such term
command
ooers he shall think proper and the Governor may,
when he shall think proper revoke declare that such
proclamation shall cease nj such time and in such
he shall Direct have 10 ask, there any
sistance 70 the law any request made for roorss II
has not been shown that there consequently the
IL Governor King unconstitutional illegal and usur.
patton q right jusGed neither by circumstances or
ccssity
the Of payment Cor the troops have 10 ak can
Illegal order 0f the Governor BE- jusnacds viii the
next Legislature provide Tor their payment be-
nnN a.
of injustice both onerous and impoltc
The spirit Of institutions rebels At the coersve
that which was organizcd for rcraing foo NAV moi be
converted into a machine for designing and ignorant
offcias 10 aggrandi2e themselves with justice.
rHE COMMISSIONERS or EMIGRATION, AND rue
$4,000 AUTHORIZATION.
TO rIm KprroR HERALD.
Ihave noticed with less surprise than regret the
proceedings before the Emgrant Commissioners. That
Mayor Tlcmam is worthy and excellent mechanic, aud
that nc s well meaning and honest chief magistrate
doubt not; but requires something than good
tentons 10 mako a sound lawyer.
Hon Cuban C. verpanck may bc well read lawyer and
finished gentleman OF high attainmcnts and accomplish
ments bui ne " the slave Of constitutional nidty This
Cor his course after seeking 10 stem the tide OF
camor eoognzng The destruction o. The Quarantine pro
get his language used In Stone and others vs. the
Mayo, &c, OF New York Gin the Court Of Errors,) rs
Wendell r. 174-a decision obtained by his efforts against
the views OF Chancellor walworth Mr. vcrpIanck there
says
But there also another ground upon which the property
fgh Of ndydnas be Justly sacrificed 10 the necessities
OF others where neher the whole, the public
IN The general sense Of that term have interest in such
sacrhce fhs may be seen o. imminent peril when
w rht % % deence q NE protection Of life o. property
Inc throwing overheard o. goods sorm ,bs psns down
90 houses 70 prevent The spreading of are com
mon examples ~ We eserese of his right This natural
reha ang from Inevitable and pressing necessity when o.
swo immediate evils must be the lps votn
tary Inflicted IN order avoid The greater Under sncb er
cusances the general and natural law Of civired nations
recognized and ratified express decisions ~ onr own
common law, authorizes the destruction Of property by any
ensn without his being subject W any right Of recovery
against him By The
NJ. Nerplanck cites with appreciation the ancient
Mouse case, az Coke, r. 62,) where is said that 80
the danger accrued by the act OF Cod, by tempest
every one ought 70 bear his loss for safeguard Of the life
~ man.
No one y more familiar than Mr.. verpanck with thu
YRss spTngDg cut 0i the Flaw Of necessity and the