The New York Herald Newspaper, May 1, 1857, Page 1

a LE NO. 7548. erormnentre nll MORNING EDITION“FRIDAY, MaY 1, 1867. THE POLICE’ QUESTION. t. to Dimotve Judge Roose- velt’s Injanction, A MANDAMUS AOAINST THE CITY JUDGE, SE 3 officers. potice were not Counsel gave tho history’ of the origin of the section of the constitution in reference to and arked how the Court oonld say that there wae not an intention to take from the Executive of the State the ap- pointmwent of focal officers, among whom were thé police of the city? There was no room for that ruch was the intention. aE THE NEW ACTS IN THE BOARD OF ALDERMEN, nA nn The Hars‘Indignation Meeting in Westehester question or doubt ‘Court—not now ARGUMENT ON THE APPLICATION TO DI3- BOLVE JUDGR ROOSEVELT’S ABSOLUTE INJUNOTION ON THE QUO WARRANLO PROOBEDINGS. SUPREME OOURT—SPECIAL TERM. Before Jodge Peabody. ‘Wam PoOreD OF THR STATY OP NEW YORK, AT THR RELATION OF } MAYOR OF THR CITY OF NEW YORK, Vs. Panay 9 Avwn 30.—The continuation of the argument on the ap- PReation Ww dissolve the absolute injunction granted by Sedge Roovevelt against the new Commissioners of Polico ren set down for this morning at 10 o'clock; but as Mr. id, who was to present his view of tho case, on behalf of the Commissioners, was engaged in another cause, tho f@mgement was further postponed till 3 o'clock in the after- eon; At that hour the attendance in the courtroom was executive—with the power of making thee appoint There were two grounds on which etitution had carried out the purposes of In section 2 of article 10 there is a provision Ppotntment of local offleers should be local.” Itwhat man- her could the purpose #f the framers of the constitution be observed except In preserving thesd officers fieers? Could tho ie be district oficern? this could not be done. might say the con- cited 2 Gray 104 to show tha This case was all fours with thom op the question that was raised here—what aid the Metro- iitan Police billdo in regard to the police of New York- ¢ commissioners were to iy the Bupervisors might direet? Would these polloemen, ‘be Jess local officers than they are vow? Certal it was allempted here to get round the provisions of the constitution by aduing other territory to Now York city, and calling it a di-wict. int as many policemen as ? One foot of land among estchester wou! for this purpose as the whole three counties. by this bill was establiehod and sanctioned, sible value could this second section of the woth article of the constitution be? Would jt cot be within the power of the Legislature to strike that section from the constitution ? All city, town and county officers are provied for by tha- bat if the principles of this bill were sua- tment of every one of them would hunds of the executtve at Albany. He would leave the subject, with the submisxion of tho points which he had presented a few da; Judge Davies. By this act the property of transferred bodily from the city to the commissioners. property, and could not be taken without hese were the two constitutional ques- tions which they raised in regard to this bill. {ion pow was—t! the rtatrte was unconstitutionsl—a+ to warrant, obtain the sre? Counsel on tho quo warranto was acriminal dodge Famonds preeented bis views in behaif of the phuin- “RA. “Yu commencing the discharge of tho duty devolved apon bim, he felt his first obligation to be to thank his Honor fr Daving afforded bim an opportunity of examining ‘We question presented before the Court. His familiarity uestion had not been sufficient, and he bad found @ Beces-ary to consult cases and precedents, Ho had beard ‘gmertions made in reference to the couree and policy of the our, which a little exaromation had satisfied him were emtirely wrong. Counsel for the ‘eo from the begiuning by exe it ‘who would nut yield one instant for deliberation, but who forward to their mark with an earnestness which bave been better exhibited in a better cause. They Deen menaced here with the power of tho Exect aad toki that that would be bronght Dear against them in their appeal to tho judiciary On hearing this meusce he was ro- the emancipated tained,’ the 9 bad been surround- and earnest individuals, Could they, on thix particular form of redress asked other side have gaid that the Proceeding, and therefore that the Iojuuclion was pot an ‘ode Saye, in 40 many words, the que warranco in a criminal procesuing is abolished.’” ‘War a civil action to obtain possession cf an office. The whole arguinent of the con authorities which he the abotiolition of qu Ho (Judge Fdmonds) might be con- but hewwoulkl go farther, and how that the injunction was a proper remody, v: as a civil @ powers or practico of the Court jo was prepared with au: injunction, was a proper REF Minded of that Pave Spartacus, being in council with his confrere, geome individual, labering under some undue excitement, hb the announcement, “The legions of Rome pon vis,’ apd he remembered the answer for its se- J tthem come; we are armed.” proclaimed hore that the outdoor excitement, the Diie opinion of the city, was to be brougitto bear on the ; and uppeals bad been made to the could not then help asking himeeif, jusion ina court of justice?’ . Was of deterring counsel? rpose of jufluencing “public of or was it directly to influence the Ju ey would soe why. these announcements had Been made. This case had beed spoken of aa one worthy only of judicial contempt. Counsel for tho people were not here a volunteers. They were the feed counsel of their elie ‘They were net here surrounded by the excitement grow- ‘out of the disposition to seize ibe prize before them. , they were here in the condition of counsel, retained as heretore they eould atford to roceeding was tho judgment ef the threo bey might not have el, therefore, and all the cited, vani-hed at ouce tent to rest here, © wbence comes nied them an. injunction. thorities to show that the remedy, Tho Code.m abolishing the” quo warranio aboliched also the scire facias, and made them both ci actions, > Were they not,” theretore. tended with ail the incidents of civi r gued for some length on this point as to the charactor and warrano, and as to the operatic He also urgited the question of the power of this Court to grant an injunction. either preliminar and referiedto the laws, of 18)7, page ¥3, sec. 16, giving thority formerly possessed by the Court of Chancery—to 4 Joburou’s Chancery Reports, Equity Jurkprudence, gee. 960 B and note 1} fame Boos, Fees, 862 and 864; 8 Lumiel’s Pructiev, 1837. One would’ have supposed fromm the argument of the coun erteday that no person had ever heard training a criminal proceeding ‘On page 1,538 of Daniel the story bs told, in the case of Lord Mortague against Duddam—a cave rofer- red to by Mr. Noyes. Mr. Rdovonds reat an extract frem the decision of Lord Hardinge tu that case, and referred to the case of the Mayor of York of Tyrner vs. Tarner (2 Law and Equity Reperts, 180, Black Vernon, 25), Ae. in the Englieh courts of an injunction on quo warranto to obtain affice, he would answer Wat it was Dot because there Wax no jurtediction, but because tile case He referred tw a list of cases to show how far the courts had gone in affording reiie? preumtoa. uudgmen'—among them to ad Daniel's Prac minor's Veewy, 305; 2 Story’s Equity Ju: Daniel's Prectiae, 1,869, Ke. tho great inipr with public officers who were in execution of officers, it was said. harge of their px |. that the Legislature, la the pas- © of a law, should not be interfered with. But he had en the pains of going through the ca that the courts did interfere with the pub. In this country that power of injunction had eeu exercised up to within a step of the President him- and in England up to the Ministry. Counsel quoted 15 Barbour; Oidacre against Huot, Fqnity reports, 603; Mayor of Liverpool, ‘I 71; Stuyvesant against Pearsall, (See: inion #@ a3 to affect as civil actions, at- actions? Counsel ar- eounse! ordina: ily are, a de calm, moderate und discreet, This edand deliberate naaged for the platutitl, ‘tained the position at the bar which ueir opponent (Mr. i attained, but even if they had, they did’ not meolvee entitled to speak ex cathedra of @ case as 1 contempt. They were hore eof Coustititional law, aud they would fe bY the wayride two play atthe game which counsel It Was a game of vituperation in twe might well play a part, But counsel on the er side well knew that they would not bo dragged into the game. The court and the counsel had not Areatened with the Xrounve, our counsel ‘power of tho to the Supreame Court ts of the Court of Deing worthy on! aint Pinkerton, tho caso ngainst Emerton Mt wad suid that cance of the mob and of the | there was no cave been denounced a resisting the ‘State. [twas true that they enme intea urt @f Jurtien to rewist wha’ they regardod as u most wanton tious usurpation; And new they were here asxing that this quertion might be disposed of according to the Resietanve to the Lagisiature or to the eseeutive, when they exeerced their authority, was—in tis counirj—vo crime, no cause of reproach from its bemg matter of reproach to either connse!] or eoart, i¢ was in this land, at least, a crowa of rvjo cing. ‘was the bounden duty of the courts im such case to inter ; and he was yet te learn that they who come asking court lo interpose were to be met either with clamo. @r reproich. They were not disturbed, however, by thy those who wiehed to interfere with their eticial duties, nor were they apprehensive of the effec @f the clamor as t the petice regulations of the city Tey bad the Supreme Court to resort to, and they had the @bief magistrate of the city to depend upon. Before ue Single +tep was taken in regard to asking the interposition the subject was carefully considered by the counse! as to what would be the result of did 10t arise tuere. dew of the land. udence, 926; 6 Paige, 83 Great strees had been laid be interfered with Milla agninst Sharp, at vtep. They found there was no authority in the Com Maisioncrs unul they had organized under tho Bist ection Huskesson, 4 Simon ut of the people of ainst Awmstrong, 19 Barbour, 166; Tur or be must arrest taese Commissioners before they were clothed with power to act. AnJanction against (hese Commissioners Beaton of the injunction, wher conflict until Pant was t Thoy obtatned an nt but for a mexti inst trustecs of Willlamst rah N mpletoly beng our the Kea and show how far the He alvo referred to the care of Thompeon againet the Commissioners of the Canat fund 24 Mbott, which he claimed wae a distinct recognition the power of the Court ogainst the Leyislature. ferred to the cove of Metzgar—a French criminal claimed under the extradition weaty—where the question {n- volved war the power of the President of this United prisoner wae in actual custody, and on bis p-of-war, when a Judge of the maelf) interfered by injunction, uestion wes whether a man could bo sent abroad fot» of the President, without jndicial interposition ; and it was ruled that the President had and the man was discharged. to the Supreme Court, of enjothing public Courte will intertere, hich the quoetion was prew first Wook notion; and but for the iiously obtained moattication ‘of the injunction, would bave been po diffeulty in the matter, Mayor was not ouly charged with this course by his own Sense of Lis duty, but it waa devolved upon him by the revolutions of the Common Council. be performed? Here be found # law passed by the Logw. latnre which virtually destroyed the magietrate of this city. Like eomo of the kings of old, the Mayor of thie city if this law went into operation instead of Being clothed with anthority to protect and defend the city, ‘would bave bo other duty t perform than to sit and be fed out of a golden bow! on mead. He found that thé was virtually annulled by this law, $1,260,000 was to be taken from the @ky and placed in the banda of State officers; that he ex- a pode Legg ad wie a y eagmonted some a propert) ing to the city was faken out of the control Of the city authorities. The How was that duty to powers of tho chief Court (oudge Eamonds er of tho Mayor i$ the police fund euch = pewer ; Tho case was brought up but the Judiciary Committes of the Senate, with Mr. Web stor as & momber, having hed the ewbjoct referred to them, reported thal the decieton waa right, and the appeal Thore wna a case in which the judiciary interfered with the executive of the uation. Counsel re ferred to the case of Kendall against the United States (12 Peters, 624), an] the case of Stokes against Keadall, where torforence with the executive. been succewful in ehowing that {t was within the power ve rediof tp this case, he would call the * to three important c!..nges that had dence alace the decis.ons on equity ; the second, the changit ; and tho third, the changing Ho submitted that they bad were entitled to maintain their in- ‘wes withdrawn of this Court to disastrous results, that it was within the power of tho court to aiford the remedy, that there was nothing a the ye to forbid Lk it great evils may be avoided, more by far it—ifquhey bad ebewn this, thea they cailed upon the Court to do tts duty regardless of clamor oF consequences, for, hus aloao could Mr. D. D. Piold for the new Commissioners, handod bis points to the Court. They are ar follows — 1. The injunction wan eoed contrary to law and ts rold, because tt waa pot laswed ol a general term of the Su sre1 Court, after notice to the defendants, aa not of July 10, 1851, chapter 488, That “whenever any duty 6! ua tho conetitution bo ny itt ta required by the 1 be devolved by law of this Btato any State officer or board of officers, no be laened to restrain such offser of board, or apy person employed by them, or to Any such law, uniees the same bo granted by the Supreme Court sitting in the district in which euch board shall bo located, or such duty hall be require! to be performed at Q general term of sald court.”’ quires wt least eight dayw’ notice to be given before the ap- 2. An injunction i not allowed by law fn an action of quo warranto, under any circumstances whatever. & peculiar and exoeptional action. I Prevent the execution of Ani a second ¢#o.tion re It ts & aubstitute for the quo warrants, ani by the very terns of the Code, rection 428, is rewtricted In the remedios it may fur Deh to these given by the writ. piiett to be mieanderstood —“"Tho remedies beretofore ob tainab'e in theee forms may be obtained by civil actions, virions of this cha ster."* can be given, except euch as were before ted by “the provisions of im reterence to qu moet carefully in Kent's Commentarius. Counsel read extracts from let Kent, 448; from the optuion of the court fae cove of Teniber _ ie baa tarbery Gok eters, far agt, Bull, 3 Dallas 384, an ry ang ney had hoard from the counsel on the |, AN Expression ing the attachment o. The language is too ex. at Craneh 187. he foamy, prov: tide, read with decided f nb, and even there are Limi all Provisions applicable to civil actions tn general jcable to the action of quo warrand, then the sec . was ninnecesary, aa was widing for an injunction and re. celver; and this further consequence outa follow, Unt the pliintift could bring the action in the Bupertor Gow Common Meas, and could unite wita the claim to be ad Mitte! to Offleo, a claim for the property take , and may have a deliv by Sheriff, of an attachment, or a recerver, as in other actions Buch @ construction is contra-y to the letter of the Cou Tat Sih te epirit ant with Uso rules of eonstrection 5 years Jaw; but he was not to ‘country of revolution and bmprovement, of the propriety Of standing atill where their fathers etood a hundred years A hundred years ago the idea of aitempting to dis- A statute on account of tte unconstitutionality would horrandum had this mubject that the gone on a of ion which had actual the conatitutionality of law. jes on tho Constitution, "* 410, 424, 428, 499, » Ww and duty of the courts qwenlon—he approached ra, It 435, providing for an arreet Aico the'ecetton #4, i nection; because, Orwt, the Keigution wer not pending when the Bas’ gramad; un, socom, Dt wbown or alleged that the are doing, of about tenting to render’ tho fudgmont beoBectiak A atau render defendants and admitting the: wo the kd warrant the mur }, Bepaure the act ts con-| Wi ont a plain cave of unconstibutionality. post | yond @ reasonable doubt, that the Jaw ts voki, (Chur the jeo:0, 26 Wend, 64, Nowell ugt, the 309) “We lori-t not onfy thas the acts nos. shun ahorw juestionably constitutional and valid, The question abich ix to be con-idered ia this; Mag the act to extabl+b a Metropolitan Police Dintilet any constitu Vora! obligation? To abiwor this question we have tint to conrider the effect of the act, and then the constitutional provision which it is supposed to contravene, ‘The act orcanizer a body of about Litesn handrad mon, to keep the peace and enforce the laws in four contiguons counties, and places them in the charge of five sue officers The constitutional provirion which this act ia sap- Ppored to contravene is the 2d sect. of the 10th art, whieh is as follows: * All county Apc, wee elec: 4 co etitution, thall be elected by the eutoed vf the re- spective counties, or appointed by the Boards of Srpervi-ors or other county authorities, as the Legrlature Kage ottlcers, whose election or appointment ix not provided for by this com th tution, shall be elected by the electors of sued cities, towns filager, oF of rome divi-ton thereof, or appointad by auch authorities thereof as the Logi lature shall de-ignal> for that purpose. All other officem, whore el.ction or appointment is not provided for Ly'this conetiwution, and officers whore otfiess may horeafwr be created by Jaw, thall be elected by the people or appointed as the L)- ten or sppointment ts not provided for shall direct. All city, town and vill and vi gielature may direct.” Now it is very olear that these flvo offlee missioners of Police, aro not county or tion, in eo far as tt makes the ed by the Governor and Renu But it is waid that tt indir the di-trict, the laws 4s essential: whether, if it be State may not, never aby a county or city duty; entially & county or © or etties fail to perform the ¢ Its ecms to me that tho cement of the laws are no consti or city authorities, nor bee: waich has led to the difficulty The conctitution it-elf distirguishes between judicial officers of citiex and counties and other Judicial udeers 18 ereated therein by law, Art. 6, It would be ea-y to enumeraue n in fact local in their character, as it would also ty menuon others which have a county or elty d but whoe incumbents have always be State authority. Ti Master, Health Warden, Notary Public Deeda, Governor of Al vty Conuraission gration, Commissioner of Excise,"S per Let ft be granted, however, that ¢ order aud the exeeation of the laws are ¢: duties, are they not alee State duties? Can exeret+e thetn aé well as the county or city, wheneyor the t State judges that v Those who conceie authority on this eat Xigency bs wutti ct, must of It is hagdiy co-eeivable that any form of goveramen: up by rénstble men can Lave been left me utierls dif otive hua Weak as to be withont thé power w do anything bates its various parts may eee fii, or even to duanyth ftseif—that the perfurinance of tha fret dutic Ment depends upon the will of those who The old confederation of States fystem of polity, yet it had 80m m and seme of the means of coercion. and support armies, cute Ms will, even | glected to co-opei Cities of wBtate are £0 absolotely im cannot take into tts hunds the presory is the first duty. of all society, is #0. extrs Gidicult to euppeRe it can Le seriously ent The proposition of tuo¥e who deny of this act roust dome to tbat the emergency take into ita order, for if it cade ities refused or that the er its jad, pont mm im a state of te bringing its own off establish public order? If’ it may {ts own officers, then it Yollows that ther eles where the Btato ray conthic k peace and the exccutir its lawe in ac than the officers of (te the emergency for {t Let us suppose that | found that the city oF co fallen into corrupt hands; that after repeated ele bad grown wore and rapidly worse; that it re keep order ut elections; that by iv meuns many tho of fraudulent votes had been put inw the that ro long ax it was left tu its provout state be no election without riot and bloodshed, and no fair do: posit of or carting of the vote—let ue xuppose more, that the people of the rest of the Plato who had occasion to soud thelr property to the city, or come to It themaeivor, found that uiecir property and their pereons were not ment fourd all tuie, could it cot orginize a body of men, call them policemen or what you will, ander | 3 adequately protected ; if tho Stato officers selected by the State to keep order at election to prevent fraudulent voting and casting of votes, to p tect the persons and property of all? To this question, tt seems to me there can be but one answer, and Unit is that | the State bas such authority; that it ts an esential aur dute of ite unity and sovervignty which bas nover boow eurrendered. This view, it ehoukd seem, te decistye of the question pat rer} the constitutionality of the act; but | am uc wome minds with more or leas force. Tho last sentence of the section of the article in question the ‘upon questions of this eort by leaving the Leytrlature at liberty to create pew offices for any purpose, geuornl or local, and to provide for their election of appolatment, as {prt 10, se. 2) seems to have been designed to should be deemed most expedient. Tho phrase, * all off core whore offices may hereafter be created by law '’ must be taken to include new county Of city officers, as well nt 10 Hatural import of its Ian- te if euch had pot beew the intention, tho word officers pot local—euch ts iT,’ which is inserted in the beginning of the een: tence, could not bave been omitved tp the latter clau of it When tho offices of Commissioners of Police wero first created, they were pet filled by the electors of the county or city, or by any county or city authority. They wore ed by the Legislature, which enacted that cortain officers, elected for other purposes and dutics, should Oli the new offices. That act waa unoonsttational, the Legivla- created apd if this be 60, for it ts no more competent f turo to create ® pew office and fll it thom signating an existing officer to fill tt, than to natiug person the local electors or authorities. 8, by de The bistory of our legiviation, under the prosent constl- tation, mrengthens, if it does net establish, the construc: on which is here mentioned aa the trac one. Ithas been urged that if this contruction be right, the Legisiaturo may change the county Hines of ostabi.b new districts for civil government. That does not follow. The constitotion requires that there should be counties, but it does not require that the counties abould remain the same to extent oF in power, The Legislature may change the boundaries of counties and make new ones; it may increase of diminish the © of towne, What 1 insist upon is that inay organize a force to keep the peace and exeoute ite law: all over the State, and make this force @ And if the Ivgisiature may do this for the whole State, they may do so for ® part of the State, and any part of it doomed by powers of cou the Legisiatw anit by placing it under State otfice that Legi-lotare meat propor I would argument: « nnypowite y ther the prew n of ord w. Can anybody tell is a duty of Ure town? It is ne the county than a duty of the eity, and m town, and I will add, oo more he Mate, Suppo of Brooklyn should m ot thight not the co lected it, might the city y, that which ot be pro ty, Of @ city, or a wwn duly, oom mitted the Lagialy. ay establish district courts embracti veral Coun. in each, and vest the appointment of the judges in the Governor and Senate, The answer to this by pothesis te, that the constitution in it Judicial article has © nrefully de! fined the judicial department of the governme: de. clared what courte the Leginiavure muy era! . Butit has not defined the exeentive depertment except in its bead, nor enumerated the various offices which the Legir- lature may create, mip aa bee wale comp on ce aon cone m4 county oF dation, y' Wravslatare canpot create new offices unicee ibeir duties hounded by county or:city tines. This notion is 80: have been accu- de startled with its a moment's retiection to be @ werd in the constitution for! the lature to ereate offices whose duties extend Ww soverad countie? Not a word; but the es, the Legiplature may create an several countice, t may, by the creation of a groat ni b all the functtona of by the central authorit jae what was supposed to be decentr . ‘Thik Argument amounts to no more than thiz—that tho rovkted against all abuses of bogis- bas Much i supposed to have Been left to the rexpect of the reproxentative for the ‘Cone titutions do not of thems :ives ters —iag Rerotved, That tha Corporation Counsel hereby authoriged and dirocted 10 tweet tha of raid act Akerman Tucka had hoped th these kind of ince img the comm by paring ey phiraivgs Me, sakl they stances ef a peoullay nature, and different frem those un- Gaee ma ‘ hi : ae ibae _ ge wh war ker) says are in- cendiary resolutions, but it ay 2 that preperty he wouki pice a dock, and prevent any interference wich that property. ‘Therw never was such @ set of cormorants as the logls- laters at Albany, ond ho tor ene would resist Uioir uncon ‘Alderman MaSrxpox hoped tho resolution would be he urged that it was tho duty of the Common protoct the interests of Uheir constituents against When the Legislature at of oficers, al resolutions, the officers eréated Unonsselven ridhoulous were acting under circum- will of ae ceonoene. M, the people; their preser aud their watchfulhexs over lative; executive and judicial, ‘The eenstitution, it & true, mentions, or, to lum of the day, recognixes All that’ coukd possibly be ition be thi —that counties, exter, west continie to oxivt with tbe tims they had | rel Abo constitution, or with quo warranio were to be treated like evil avtian: ip and if the caye made by the complains Tbe pet a to be ancon-titutional, whieh po-itions wa deny, stilt ihe jujunction derma Stoors) owned ty two pounder on ihe wack? A kw a4 ancourtitational, must make He BOW unconstitutional enactments. tempts to enact Jaws that are unconstitutional it is oar duty to resist such law# by appealing to the courts of law wo proteet us, as suggested in the resolution offered by the Alderman éf the Eleventh ward, to resist the epactment in every legal way that is right aad per. Aklerman Tucwxn did not mean to defend the acts of iho Legislature, though the laws in tsemselves are good ones, erly carried out they would be beneficial to the 0 Was HOFTY LO Bee KO ENUCh Opposition Lo them, iderman Apams guid that the bill was enacted by tho Legislature for thé capecial bonofit of Mr. Littejoln, who stood with bis feet apou the constitution, Alderman Steers eaid that the secret of the caso was tha Mr. Lituejohn wanted additional faci ities for the Chi- cago line of canal boa, owned by himself’, and of which his brother was agent in this ety. Aldermen Witson hoped the reeolation would pass, and e more such pr sented next even ing, as he bad no doubt of the unconstituttonaliry of the acts of the Logtslatare, and he belleved tha: the inajority of the Aibany legl:laters were traitors to their country ‘such laws, Adopted by a vote of 4 to 6. FURTHER USURPATION OF POWER BY THE LEGISLATURE, Alderman Banta offered the following, which wax ted — hereas, the recent Legislature of this cowmistionera to build a City eved that tho sarne sas an usurpation of power and infringes upon the rights of the corpuratioa, 0 be clearly uneomtitational, but thut itis clearly and un He, for one, was wilhug or villages, it aD extravaganes too great to bo ith verlone attention, Tf. this act ie unconstitutional, the foll sinee the constitution of 184%, are abo unconst foubtlow, many others in the game category: — ywhich the Zegisiatare have appointed com. ers uanving Mem, creating thot offons and det, the laws of 1817, chaps, 493; of tho hawe of 1849, chaps, 8, 192, Bod; 249, '262, 271} of tho 160, gure 86, laws of 185}, dl . ‘Ako the following ac 2. AGE avthorizing the & of the Ferate, to appoint Hell Gate pilots. Superior Court of the eity uf New York sioners to ope Washiigton Park, in Ch. 197, Lawes 1847. Act ineren ing number ef Harbor Masters, and providing Laws 1848, ch, 2, anal Hepartment, Laws 1848, ch, 162, Laws 1848, ch. 224. Mfolk county, 12 in Queens 2 in Righinond eoonty, 2 in Westchester, to be appointed by the Governor, &c. Laws Laws 1848, oh, 350. Masters inceewted and provisions for appotnt Lrwe 1860, eh. 72, 1851—Page 67, 'ch ho Loped there would vornor, by and with tho adrica Ch. 14%, Laws 1847, for appelutment, puate Reporter. Wreek Masters—15 in county, 3 in Kings coun'y , called Com- Y ofticers, bit Bate officers, They are appointed by the State, and their duties are not confined to a county or city. This act does not, therefore, directly or ta terme infringe the on-titu- ominist loners to be appotnt- Resolved, That tho Counsel to the Corporation be, and he is hereby authorize: aud directed to west tho constitutional to Marine Hospital, Y TO CLERKS IN THR MATOR’S OFFICE. port of the Committee on Salaries and Otfices, in favor of concurring with the Board of Counciimen to in crease the pay of clerks in the ebief clerk ata ealary of $1,600 a $1,600; ono second ‘Marshal, $1 clerk, $1,500; one $1,000, was adopted. STEAM FIRE ENGINES YOR THD FIRE Alderman Horrumer moved to mal contract for two steaia fire engines for we Fire Depart- ment a special order for Thuratia; Alderman CLancy eald it was ago the matter was referred to the Chief Engineer for bis opinion on It, and he opposed this hasty kind of legislation, ju taking it out of his sands before be had Ume to aot Alaermay C. paid a high compiiment w the pre- sent Chief Engineer, Mr. H. Howard, ULMER belicvea what if steam fre engines were introduced in this city it would destroy the preseat utficient Fire Department. The paper was laid on the table. Tho report of the committee in favor of concurring to raiso tho suary of tne fifth clerk tn the olfice of the bureau of Arrears of Taxes from $500 W $1,000 4 year was Tne seport of the Finance Committee, in favor of con. curring with the Councilmen to pay Patrick Coylo $1,100 for a quantity of manure which was dumped on the dock Roosevelt strect in 1854, and which was lost ia tue river by the dock giving Way, was presented, Alderman Hasce oppowed that the city Ought make Mr. Coy! a the dock. Aldermen Fulmer, Tucker and Blunt also opposed it, Laid on the tabls, COMMUNK:ATION FROM THE COMPTROLLER ON THE EXRARRAAB- MENTS OF TH CTFY TREASURY, Comptrolier Flagg sent the following linportat comma- nication to the Aldermen last event Finance [epartaat, To mr Coxmon Covnen.:— Tn the communication from this Department to ths woard of Councilmen, dated Juno 10, 1856 (Doe, 26 of that Board), a full’ statement wos given in regard to the em barrarementa ander which tho city treasury was laboring, ariemng from the mode adopted by the corporation in pay for work doue by assesment. beg wave w refer the members of the Common Coun- cil to the facts presented in that report, in order that ¢ may appreciate the necessity of adopting the ordinan presenred herewith, which conte mj lates a return Ww U ying’ for work done by assessment from property holders, with the m the date of ¢eniirmauion of tie payment into the treasury xed to modify the ordinance ef Dec. 0, manuer as notte disturb the rights secured by exist- ly infringes the constitutios Decaure ft vests in there State otlicers dutiok which’ ar: essentially local and pertain to the counties ve cities within 49-—Commissionors to build a court houre jp Oneida county, and named ip the bill; a counter- part of the €)ty Hall act. TSHI—Page 183, ch. 101—Commiseloners to build a bridya over tho Clyde river, town of Lyons, and naimod in the H 1ASI—Page 648, ch. outa public highway tn tl yn and Verona, in the 373—Commigsiovers to re-eurvey a Mayor's oitice, viz: tho , one first marsha, ; one fest assistant rk, $1,200; one third, nee, therefore, necessary to oxamine—Firet whether the prerervation of order atd the eatorvement 0 econd axis unt cle “An act appointing Commis- Deen the subject of the »wwne of Wes duty, the thele #, take upon itself this duty, whenever in the judgment of the Legiguture the count} re publle highway in Mt ng of the peace and ento Ly em 1661—Chapter 390, p jonal or futrense county or city duties. By a city oficer I underuind one connected with the maragement of city affairs, and by a county officer I understand one conveted with the mana- gement of county affairs. City affairs are those of tae cor. poration called a city, and county affuirs are those of the quasi corporation called a county. Ab ollicer is nota county or city efticer beeanso he ix appointed by county we he resides in the county or city, but because’ his duties pertain: to the allains of the county 'or city, It ix the confounding of this distiuetion 170.—Sec, 1, “Tha authorized to appoint in and for the ty-tve addittonal notaries public.” 1861—Chaj ter 476, p. 878—Ditto as to city of Troy. or 100—** An uct for the appointment of Coma punty of Kings.” sioners of Record for the Commissioners, and obliges Supervisors to defray their he argument on these points fe reserved till to-morrow at 8 o'clock P. My to which time the Court at 6:20 P. M. NEW PHASE IN THE CONTESTED POLICE CA8B—AN ALTERNA- TIVE MaNDamUS AGAINST THE CITY COM WISSI0 NERS’ © numbor of offices usvally filed “y county or city authorities, whieh are not wy to ination, ppointed by » for example, the offices of Harbor Commissioner of rs of Bmi- waniont of Roads. vation of SUPREME COURT—APEOIAL TERM. the report, and remarked Before Ton. Judge Roosevett. AYRE, B0.—The People, by the Attorney General of the Slate, v. Abraham D. Russell, City Judge—An ntvervative mandamus wus granted by Judgo Roosevelt against the City Judge to compe! him (defendant) to actasa Polieo Comal: oner ander the old law, Under the police laws existing when the Metropolitan Police Will was enacted on. A. D. Russell, the City Judge’, {4 & Police Commistioner, and bound as euch vo sitin tho If tho new Jaw ia constituuona 1s powers pay’ for tho dainages mnptrolier’s Oftico. that the State bat abdicated all its . mde that che State has divested itelf of all wuthorty co exquute its will Li order to try this question promptly, be refused to act a8 a Police Comuussioner, aad therefore the Attorney G wera) has cerved cut against bim an alterva’lv? manda. mus, returna- be at tho special term of the Supromo Court, to-morrow morning. : ‘This proceeding raives tho oonetitniional qoestion direct. fore it will bo pluwed at tasue belory the rt of Appeals on tho drst day of its next session ip Juno, The following is the copy of a levter from Judge Russell to the new Police Commiesioners:— LETTER FYROM TH cement to the date o and paving strects, and all other city acts merely a8 trusteo and the persons whe perform city treasury iu the advance he whole ob t# done and confirmed origin is an ordinance ciry JUDOR TO THE NEW POLICE COMMISFIONERA, Pumenay, Apiel 30, 1 , familiarly called the position of banker, cost of the work az soon by the Common G passed Oct. 13, 162. In the eemi-aniual oN an tab SOwers Wg district apocid creat mass of tay follow citizens, ( entertain the opinion Wat that act, in it beadth is, repugn from this departmont for the Jerman,) {t is statod paymente, ina m account of agson two millions of dollare, and at that report givin, ce of a connty State refrain from its own force, to sum of more than constitution of this St ag embraced in i) io all ite part sneral has’ coramenced againat you an warrand, for the parpase of © appropriate tribunal, on the "ihe Atiorney "6 action, ig the natar obtaluing a judgment in Quo-tios of Tight involved In this controversy That the public interost required this course on thoir miblic intovowt demands nin bringing the ixaue are exigen aceonnt of street paying slope amouate | ping of the woty 10 cers vty. If it may do so in ono emorgeney, i may dy itin another, for it must judge of tatoment was bronght up to July 1, 1855. Tho condition of theee accounts at the close of the your 1865 Jartno man can doubt, was as follows — from you the fullest co-opern i Instance the State governinent | thu prevented tow prompt decision, is W my mind quite of New York neglected w Preserve order and enforce tho laws; that its police had Excers of expendituran At the close of 1850 it etoo Total expenditures ‘Total roveipts...... Execes of exponditares.... This apparent Improvement in U is explained by the fact that a sale was beld last epriv UDPAld AFSeKEINCO, ws ur Luck we 1806 down Ww which realized avout $13,000, And jn addition, the settle ‘meat o/ the Contral Park awards required all on the land taken to be paid before eetlement; large sums wore paid by parties having awarda to enable them to obtain their meney. Riuce the Ist of January, 1857, these accounts have run The counee! for the Stato have offered you every factlle and itis quite manifest that with 10 yourselves, you conid, if 40 dis- i st a gonoral termn Of the Su- for forwarding this obfe the greate-t convente pored, obtain a final be rt within a fow days. ally char that a hearing could be bad in the Court of Appeals on tho first day of it soaxion in June Tho Judgmout of that court would be final, and if in our favor all who now object to your assumed offic action, Including myself, would be obtig To my great surprise I learn that through your cou | you have declined to accelerate the proceeding-, and rpore employing your eeunsel and Uw t Courts in discussions touching the mere forma ef and in etruggles to jal capactty during dante, may protract for many months. portant to the public that the disputed queetion of right av the ‘authority over the police of Promptly decided. My constituents ly interested im procuring euch a decision at wable moment, and as one of ther oft. ated in the question, ft becomes me to my power wward acoompliehing that iy and official relations to this question afford conclusive reasons for such a course on my The laws ip force when the Metropolitan Puiice bill wae me with the office and duties of of the city of New York. If the yew bill is void, Tam bound etill to act a such Com: Tam forbidden eo to do. {Whother I act or refuse wo act Imay be linbie to censure. To relieve me from this embarrassment, and a: the same blic interest from’ the jeopardy in whieh it is involved by your refusal to mont Lie quost Proveculad ayainet me a writ mandamus, « copy of which is now furnished © you. shall claim on the record, by « demurrer or otherwise, that the new bill afforded me a suflicient warrant for a ro- fusal to act under the former low. stitutional queetion, | 1 shall oiren my coumel to Procure ao ear decunoa from Use Court of Ape. sf Of course my counsel will not argue your side of this question, for I do not believe in the soundurs of thm posi- But if you decline, they will present the case to Anal j ou is twofhld — elf in my true position before your course, The forms of law which are necessarily rerortod to for uns purpose in band mislead, if this letter wore not written oper to offer you the control and ace in the tandarnus against mo, x that I will not ranction auy stops deterring or yi . ‘t be Sica consistent with a of mere form and with the measure of expedition required. question of constitutional law in any #hall think ft, and at every sage Court of Appeals; they may con- defence and maintain by argument, ii the: can, that you, in Brookiyn, now lawful ire the liberty of coatroversy which you, as de- | Street paving—Paid... Pxcess of expenditares jorcise of v' this elty hould bo pr | cors directly do everything revult. of effect $n the treasury of mation of the contract, and waiting for firmed November 26, ¥ — setbuasateg raanppegttenadaey lage sete tesettessseccesecese Collector of Assena- ‘ing on the confir- collection of ad of Becond avenue waa con- ng to $888,510 oollectad ta: time to relieve the pet A ae thie, interest wae aleo paid ft the trearury for tho repayment ef which pe eps havo yet been taken, amounling w.... ‘This wil! raise the con. od in fon, No 2, betero referred to, has afford ed some relief in paying aeonement coutracts. The amount borrowed on aeseasment bouds for tive years is it by dovig- nen ‘ate cHizen to fill it. In neither cave bas the ling the office been elected of appointed w it by accounts will hereafter be kept Ln the Treasury 1, The Biking Fund account. %, The Tax account 8. Tho Aseesement accomn'. Kubordinas accounts are kept In tho Comptroller's office, apd when there is no money belonging to the asvessment account, the exieting contracts can ouly be paid in assess. mont bonds for five ye 1 bave already dec Gow you have taken, =) ft and 'y 10 addrowe Firet—<I wish to plsoo re the public aa an opponent pen oe ah A lined opening bids for sewers in the Croton Department and for grading @treeta In the Street De- rtment unti! thie subject ca» be acted on by the Common neil, and the specifications can be for payment as the assessments are collected. Tho mente op account of oping new streets are advances of the assewement to be collect- loans are mado Your counsel tae far ag ball ‘The; proee ae head the treasury in ante ed for benefit. at vixty days or #0 to run, but the anco! Assessments, atuounting in the following case alone w $098,201 17, le @ serious embaragsmont w the treasury, The widoning of Walker and’ extend! Conlirmod April 9, 1964, emousting S,cn Sreoras to There was collected by the Collector of Assess- ret to tho Bureau Leaving uncollected. Tho extending of the a show the abeurvity of some of the munty, yore ® ity to exercise the powers which were vested in me as Police Commissioner ex officio For this purpose It is only necessary that they auend in to morrow morning. in the county | our obedient aor- & 1868, when it was BOARD OF ALDERMEN. ‘The Board met on Wednesday evening—tin Clancy, The opening of Firm avenue, MDB Wes ss esse gey Collected by Collector of Awarde Walker stroet Awords Brewery, Awards Firtavenuo, Walker street... Bowery. aoe First avonue, Total, Paid, 68 Received 2» Expenditures over recetpts......ssseceesee rd Unter the ordinavos of besember 20, 186i; dlreeting on advance of 70 per oeuton contracts Amounting 0 moro than $10,000, the city have alrealy advanced Co ) contracts BtL ineompleted,, and of course, 5 and from which no colleutions can be received, im cases, for muny years, A. C, FLAGG, Complroiier. The comin alcation wns ordored w bo peinted, The Board thon adjourned t) mect ayauy on Tharsday evening at 6 o'clock. %: The Board of Aldermen met last evening—AHerman Steers in the chair, YROPOR!D CITY CONVENTION OF ALL PARTIES TO IEPRISS THR OPINION ON THE RRCKNT ACTS OF FHM LAGIELATURE, Alderman Wisoy, of the First ward, offered the follow. ing preamble and resolution:— Wrerens, the Ume is approaohing «on the various enactment of Ue reeent Leyislature af ung this hy ara Jatenced to fo nto operation and» be edurts will be made to give them efkcacy and to carry out their several provi- tons ana designe, it i* therefore becoraing in view ef tha magnitude of the isterests invelved and the charaoter of tho legislation which it bi sought to apply to us, 40 aerigus- ly deuberute dvtermino our duty; and whereas, tho city #f New York 1s unrivalled lb every’ rexpact in the western hemispbere, wud i tha fine commer- cial city of the world, the acknowlodged metropolis: of this nation, it may fustly cluitn by an millions of wealth, by its population, about equal to one fourth of the suite, by tls gigantic enterprise, by its unequalled advantages, by its magnificent public works, by tts primes - ly contributions to uavioual and State purposes, and by jus tidelity and loyalty to the federal Union, @ large, ff wot controlling, voice in the affairs of this commonwe: tha people of the State net only, but alse of the whole eountry, take a just pride in its pre-eminence and greatness, and are reciprocally interested in its growth and prospery; and whereas, it containg within itself all the elements of a separate Btaio, of reepectabio strength and pro- portion, excepting as t» {ts moro. extent, and even that, were it essential, might bo conveniently added from contiguous territory which now but urives upon ite growth, and represents its vvertlowing expansion; and, Whereas, ite history aa a city begins more than # eenta- "7 before the revolution, and its vested rights and fran- chives then conferred, to whatever other pobucal tyrannies it may be subjected, are as impregnable as the constitution which bas hitherto secured them, and will endnre as long as the jurisprudence of the country; and, Whereas, tho city holding this position im Wy affairs of tho nation and the world has beep subjected for a series of years to the continced and Increasing domimation of ihe rest of the State, wutil at length it & reduced to a mero dependency upon the central powers and government of the State, having no vere, permitted no. remamatrance, cven tn relation to ita own interosta; wad Whoreas, The revont Legislature have carried this Inva- far beyond all provious example, and have haposed upon ag a series of measures deeply atfectng of oar mont vital intoresia, and not only without the > bat In deflanco of the urgent remeusiranus uf tus @ty aad iw inhabitants; and Whereas, dwy have stripped us ef tbe right to contro’ eur local, comunerelal, municipal and governmental adfairs, and subjected us to a return in an anprecedented degree of the miseries and oppression eof contrauzed: power, which the constitution of 1846 studiously designed to break ap and destroy: and, Whereas, these mei ‘cS are impoed upon us in a tyranpieal manner, because we aro thereby taxed and governed without our consent, the city and county of New York, in comequence of the criminal neglect and défenlt of the Leg ire of 1866, @ re apportion and re-dietries the State as required by the Copetiv:uon, aot being awaried its proportionate repraventation under ike census af 1866; and Whereas, the new charter and tho various measures enacted for our goverpment were pawed without any know ledge of the Wants of interests of this ety, and» with- out any regard for the will, or any attempt W. adgertain the wishes or obtain the qggent of iti Common Counal or 0: the people themselver, and F Whereas, all classes of men repréenting all the jodua- trial pursuits of life, merenptile, mechanical, agricultural, ant proforeional, are alike invelyed ja this common inva.ion and equally menaced in the common dangur—wererore, on Reeoived, That the elector thi elty ana county be re- quested and authorized to elect uve olegnton from each ward, fo meet to a city convention at the City Hall, to ox prese tho voice of tho peopie a» to wo recent legimaston of the State, a8 far ns applica to this cy; and in ease thoy Coapprove it, to devine 48h sneamres a8 may seem meot | and adeseato 1) protect us from the aggressions of the Bt uboritier. Reeolvet, That in order that sveh convention may be composed of men without dietinction of arty, What cach elector be allowed t ballot for three delegaws and no muro; aud the five persons recelving (he highest number af vows in each ward to be dec'ared duly elected; meh eleowon to be conducted under the direction of Lnspectors to be here- afer designated, Alderman Tocken gald that there were many aagervons in the resolution in reference to this city and State which every sehoolboy knew to be incorrect. Ho knew that tha Alderman of the Firet did not write the resolutions, al though they contained bis ventimenw The resolutions wore incendiary, and were offered merely to create a political eqcitem: Ho was surprieed (© seo some members v ych resolutions, but if a crisis shoukd come it orse for that party wlic disturbanc pel ag: Legislature. No doubt the convention asked Alderman of the First would suit hi " brated for gocd order, m. Tha prevent Board jermen wore rendoring themselves ridigulous,by ita diary and political course, and sigh prodded ings a thomevtves, caloulated 4 prove to he poopie te ty for the city bills roc poawed by tha Lagivias Alderman Wrieon remarked that a similor convention been held in the City Hall io 1646, amd was attended gord renault. Aider:man Trcxen again opposed the paasage of tha resolutions. Tt waa an {ropertant matter, and Wf no one wt to support. him he would £3 against Whem, wing!) ant Pf c convention of 1848 was a very diferent ona from this now proposed. That waa to amend the conetity- tion ded that no citizen's rights had been ta. ken from him by the acts of celivire. H believed the laws wero pawed in a wrong spirit; but seme of them were good, and thowe that wore legal the citigens would be bound to support. Allerman Wieon said the re tons were bie own, He was no person's man; he was his own man; aod be hoped the Alderman of the Eighth would havo more ra spect for hit for the future than to charge him with being auch, The resolutions were his ows, though be gavo them to a clerk to copy and smooth o for him. Aidertaan Daaie was of opinion that the action of the Legislature was supreme 10 the action of this Board, aud be submitted that it became every member hare tw be in the matter, a before the «rich man's decision, but would at the same do somes thing for the poor. He (Alderman tor would be laid over; f not, he coni canse he did tt desire to get invo collision with the courw, and be shat up in a litde place yonder (poiming Ue Tombs) Alderman OwExs moved that the further courkleration Of the subject bo |, and made @ special order for Monday night. was opposed, during which it was So words calling for @oouventen be stricken bot) Alterman Feat oeod What as tho {i fer ths com. vention wauld ne: cane an expendiiure of money, the eubject oui pray originate in the other Board.” The amendment out the words “bat a eonven- tieg be held” ao has 0 Gee © question main question twen rdored, sen the Abierman “of the Twemty Set rover Aljertnan Gums (chairman) said the was bob debaadie, Alderman Owrvs desired to know what ihe wee, and aid that if tho amendment was not bo aid vot know what the question was, Alderman (President), w! to the ody of maul being in , Akerman Steers vacated the chair, and Akjerman hereto. The Charman (Aldortnan Jackson) raid whe Aidermad gue Aidortzan of the Twenty Sey aul Kept see iret ell the floor. Alderman Teckan rose, when he, too, was called (0 of der and not wo . Alderman ly deciared that the ques. tion had been improperly forced by the Chair, am! ho would decline to vote, Tho previous question was weu put and carried by @ ‘vote of 14 to 8. ppt eopulen of the revelation waa thea put and carrion & vote of 1h to Bi ArmeMeere. Wikon, Harris, Healey, Hodpiro, tba President (Clancey), Adams, Banta, Steers, Jackson, Mo- Conneil, Msceghaa, Canter, Mespaton, decane th Naya Messrs, Cerwin, Tucker, @ Pullmer, Owens, Drake—$. lei es ciray foms EM xs tiered the following: Resolved, fin his Hooor the Mayor be oret io open a vegotiation with tho Presideat of the 1 Seatew, rithe Postmaster General, for, tae corsioh of the nod comprebes fed within the augle formed by Broadway and Park row, of such portions of the upper part of the fronting co Chambery street, between Broadway avd = toe may bo decomary for the propound sitet » Poet ee, anit 10 | ‘whic! moet ihe wang of the government for this perpere, and be 0 the peopir ant Corperation of New Yori, amd to report the reen!t wo tha Common Co cL Alderman CovLTER supported the resoluiee al sors Jength Hiogted, by & vote of 16 to 7.