New-York tribune., 1873-03-15


ern,nent with dangerous preponderanee In the adjust
mont of power IL may be answered that this danger
vopld be obyated by retaining the Board OF Assistant
Aldermen. and requiring their concurrence with the
Board of Aldermen In confirming the appointments OF
the Mayor BY this plan the facility oil cabals In the
distribution OF patronage would be diminished by the
pcrease OF interests in the confirming body. both In
number and variety and the danger of their opposing
the action Of the Mayor would be proporonaeiy re-
moved
PEEsCRIPIIvR RIGHTS INVADED.
Whatever the difference OF opinion IN the cOnrts the
Corporation of New York, without doubt holds the fee
of the city properly including the streets. Their ex-
elusive direction and control by the Common Council
does not admit OF question And yet the State Legsla
ature presInes Sections iO3 aud Ill OF the Charter
dives the Common Council Of these chartered rights
and tausfer those Of them which attach to the city
property 10 Board OF Commissioners OF the Sinking
Fund, and those which appertan to the streets to
Board Of sreetopenng and Improvement.
But formidable Objection possible starts from
Sections is and 49, BY the first the Common Council are
dvested Of the power of imposing taxes and assess
ments and by the last the Supervisors are stripped OF
tnat power.
Board of Apportlonment thereby created with the
sole and exclusive power Of determining the amounts
annually to be raised by taxes the real and personal
estates in the city, subject TO taxation and when
amounts so determined by the Board of Apportionmen
the Supervisors are ordered TO be raised and
collected by tax No discretion is conded 10 the Super
visors. Their duty is simply ministerial, and any delay
in its discharge may be hastened peremptory by the
judicial writ Of mandamus. 1t may therefore be sald
that the power local taxation 1t is proposed shall DC
torn the representatives Of the people OF NewYork
City, and be conferred upon Board the creature Of leg
islative enactment.
THE BASIS OF MUNICIPAL RIGHTS.
The right OF taxation attended the birth aud grew
with the growth Of popular liberty Before constitu-
tions the charters of municipal privilege IDey
embodied the earliest concessions to the popular prl
cple They wrung by the vassal from the neces-
stiles Of the paramount tyrant Amid the conyulsions
of medieval Europe, and the disorders OF feudal
anarchy, emerged these fortresses of civil liberty.
The acquisitions OF commerce were their first
considerable cause, land its necessities soon De-
came their effective agent. The Italian cues
first arose to power The cities Of Lombardy followed
in the train OF commercial industry; and soon the
Hanseae League, uniting many German cities IN the
free privileges Of municipal government, extended
through Europe a commercial republic. Thus were the
first steps of liberty planted in the municipal freedom to
be found only the charters Of local communities The
United Netherlands succeeded to the Inheritance thus
labOTiousy prepared Upon its basis was erected tha
vast supersucure of the liberties Of the United Prov
nces which repeed the waters amid which it found
ed, and dcfed the despOtisms by which it was sur
rounded and attacked Its vitality consisted in the
right local self government, deeply rooted and sub
sisted by the right OF seftaXatiOn. From the time
when the thrifty burghers first surrounded their towns
permanent walls they Insisted upon the prncple
Of seassessment" for they felt with Lord Bacon that
althOugh the same tribute and tax Laid by consent
by imposing be all to the purse, yet it worketh d
yersely upon the courage" Ord Bacon on the Great
ness Of KingdOms) In every vicissitude OF AZ
fairs the Dutch burghers oung to their essential prn
cipe Of selftaxaon which soon became an Immunity by
usage aud prescription" Il Brodhead, Hw, n. Y,p. 1921
This usage and prescription followed the Dutch West
India Company from Amsterdam, in lGl4, with their
charter OF trade and navigation TO the Island of Man
haitian and finally settled securely under the auspices Of
its schout Burgomasters, and Schepens IN the City Of
NeueAmsterdam. When under the Duke Of NOrks
Patent of 1861 msterdam upon Its surrender to
the English, became New-York, the City Government
was made 10 conform TO the customs OF England These
customs as il will be seen, left undsputed aud undls
turbed the usage and prescription of sclftaxaton. As
ON the Continent OF Europe, so In England the
struggle for popular right successfully attained
selfaoyerpmeut through the right Of self-taXa-
ton. In the early part OF the 18th century
Magma Charta ordained that no scutage ttaX)
shall be imposed In kingdom unless by the Great
Council ParliamenD OF our kingdom one of the prn-
cipal violations OF constitutional liberty alleged in the
Bill of Rights Of 1859 against James H. was his levyns
money for the OF the by petense Of preroga
tive and without grant OF Parliament, and which was
thereupon again proclaimed TO be Illegal one oil the
causes enumerated in the Declaration or 1I6 Tor tDe
separation of the American Colonies from Great Britain
was for imposing taxes on us without our CONSENT
the great Lord Chatham having years before, his
speech on the right OF taxing America de-
clared "Taxation is no part OF the govern
ing or legislative power. The taxes are a
voluntary gift and grant OF the Commons alone. The
distinction between legislation and taxation essential
TO liberty" Congress alone has the power OF leVylDS
and collecting taxes for the support OF the National
Government and, because they are deemed the ft OF
the people, the Constitution declares that all bills for
raising revenue shall originate in the House OF Repre-
sentatives art l.. Sec. T. Cons IT, 81 The power OF
taxing the peope Of the State Of NevYork for the sup
por of the State Government is confined By its COnsu
tion to the state Legislature. TART VlI See l3 State
CopstutonJ Indeed in the whole body OF our organic
constitutional and statute law, from the Declaration OF
Independence to the latest legislative enactment, is
there no instance recorded Of the usurpation Of
the exclusive right of municipal legislature
70 levy and collect taxes for the support Of the
local government. The rash and intrusive experiment
seems TO have been reserved FOR the acton OF the City
Of New-York. Ii should fail The night Is long-lyed
and vital Its overthrow would subject communities to
the sway OF paramount power ana ultimately place
local and municipal privileges at the mercy OF the gem
era voice. The power of taxing the personal aud real
estates Of the citizens Of NewYork for the support OF its
corporate government confined very clearly by pre-
scripton. Usage and law 10 the Common Council of
New-York, and the State Legislature cannot deprive
them Of it, Therefore, seetOn lls, being nsuperably
Objectionable, vtatcs the Charter In all It's parts.
We refrain from comment upon the gIaring defects
which involve terms of Office for the heads OF depart
ments subordinate to the Executive which are protected
far beyond that of the Mayor who Is their chief and
which mix partisan politics with municipal affairs by
founding the Charter elections with tue general Our
object has been develop argument against the con-
stutonaty Of the Charter for the City Of NewYork
1t passed the Assembly Upon 1t we rest the strength
and justice OF opposition 10 it, aud demand OF the
Senate that they withhold the vote which, adopng H.