New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-01-06

senting ~ it does the wishes of this COM
munity, should be thrust out of Office in vim
dication of the rights Of its constituents,
than to be the mere machine through which
unjust taxes ehali be extorted from an IN
willing people
Will resign an Office which makes the in
cumbent part of this ''mere machine
for such oppressive extortion.
We are gratiied to have arrived at a
result confirmed by the lawyers Our
reasoning was based on the theory of
republican government. We inferred
that if there was political equality among
the people, there could be no privileged
order. 1t was plain to our mind that if
the popular constituency of the State or
federal government held the eminent do
main over the people and property, and
gave prescribed powers by charter called
a constitution, there could be no out
standing rights of class, nor reserved
powers Of self government indepen-
dent of this sovereign grant. We are
aware it is not the case under all govern
ments, because there have been conces-
sions made to communities and to classes,
with exemptions from taxation and other
privileges to nobility and clergy which
are vested, and which it has required
bloody revolution in some countries to
overthrow. Our argument was made from
an American and Republican standpoint,
and has been confirmed by the decisions
Of American courts. We can not refrain
from citing the following doctrine
quoted in the legal opinion to which we
have referred as identical with that ad-
vanced by the REPUBLICAN,:
The courts may compel any ministerial
officer to carry into effect the will of the
Legislature. It is an unsound and even
absurd proposition, that political power
conferred by the Legislature can become
vested right. as against the government,
in An individual or body of men. 1t is re-
pugnant to the genius of our Institutions
and the spirit and meaning Of the constitu-
ton, for by that fundamental law all political
rights not there defined and taken out of
intended to be left subject to it's regulation.
The police powers exercised in the TO wne,
cities and counties, respectively. were vested
in the local authorities by legislation, and
not by irrevocable constitutional grant.
A municipal corporation, like the city of
Baltimore, is q representative, not only OF
the State, but is portion OF Ito govern
mental power. 1t is one of its creatures.
made for a specific purpose-to exercise
within limited sphere the powers OF the
State. The State may withdraw these local
powers of government at pleasure, and may.
through its Legislature or other appointed
channels, govern the local territory as it
governs the State at large. 1t may enlarge
or contract its power, OF destry its exist
ence.
The city of New Orleans is not an indie
pendent sovereignty, which, like one OF the
States of this Union, has parted with por-
expressly delegated: but it is like any
of the parishes, or other municipal corpora
tions of the State, subject to the legislative
control, except in so tar as the State cOnsti-
tuition has prohibited the Legislature from
acting, or furnished express rules for its
action.
These decisions are all conclusive against
the barons. They supplement Magma
Charter. They supersede Runnymede.
They SAVIOR more of those successive char
tiers to the people, conquered from the
kings and popes, and consummated in the
constitution of the United States and the
amendments thereto. We congratulate
the council that, fortified by the laws Of
their country and the spirit of its institu-
tons. they have been enabled, without
imputation of disLonor, to perform the
duties appointed by law, and continue
in the performance Of their oficia!
duties. 1t will remain for the sticklers
for municipal sovereignty and local in
dependence to reconcile continuance in
their present stations with the emphatic
reputation of their opinions by those
Administrators sworn to administer the
government of city according to the
laws Of the State. 1t is to be hoped the
barons will acknowledge the force Of law,
and, like the great American tribune of
the people, show to the majesty Of the