If . p 
 
 MUNICIPAL RIGHTS, 
 
 SHALL THEY BE INVADED? 
 
 SPEECH 
 
 OP 
 
 HON. JOHN C. MATHER, 
 
 OF ]STEW YOEK,. 
 
 IN FAVOR OF THE REPEAL 
 
 OP THE 
 
 METROPOLITAN POLICE LAW. 
 
 DELIVERED IN THE SENATE OF THE STATE OF NEW 
 YORK MARCH 30, 1858. 
 
 ALBANY: 
 
 COMSTOCK & CASSIDY, PRINTERS. 
 1858. 
 
Avery Architectural and Fine Arts Library 
 Gift of Seymour B. Durst Old York Library 
 
 1 
 
-3)*) niom « no:"><< 
 
 StPEECH 
 
 ..'j m «iiw ucni eovSl o r >iloq iaoio 
 OF 
 
 HON. J. C. MATHEE, 
 
 OF NEW YORK. 
 
 In Senate, March 30, 1858. 
 
 Mr. Chairman : I should not desire at this time, to detain the Senate 
 with any further remarks upon' the question under consideration, if it 
 did not involve a principle of the utmost public importance, and of pe- 
 culiar interest to the constituency which I have the honor in part to 
 represent in this body. Under most circumstances, I should be content 
 to cast my silent vote in favor of the bill for the unconditional repeal of 
 the Metropolitan Police Law, and leave its vindication to the sober and 
 unbiassed judgment of all fair-minded and honest men. But as a most 
 strenuous effort has been made upon this floor in behalf of the political 
 party by whom it was inaugurated, in defence of this measure, I should 
 not feel that I had discharged my whole duty to those who sent me here, 
 if I did not attempt to show that the legislation by which the city of 
 New York was deprived of ^ some of the most essential rights of self- 
 government, was a measure without merit, for which there was no ne- 
 cessity — that it is against the spirit of the Constitution, and in violation 
 of the just and equal rights of those who are effected by its provisions. 
 For I assert, that in the whole history of the legislation of this State, 
 no one act has ever passed the legislative ordeal fraught with more t im- 
 portant consequences to the people of this State, none more directly at 
 war with the great principle of self-government, or more dangerous to 
 public liberty than the law now under consideration. 
 
 The principal reasons assigned for the passage of the Metropolitan 
 Police Bill were, that the Police under the old system was inefficient 
 and partisan in its character. 
 
 Sir, this clamor was raised, and these charges made, outside of the 
 Legislative halls by designing politicians, for the purpose of manufactu- 
 ring public sentiment to bring to bear upon the Legislature, in favor of 
 their scheme to disfranchise the cities of New York and Brooklyn; and 
 of securing their Police force as an engine of political power. For never 
 
31 
 
 NS 
 
 i-2i 
 
 Tl r ^ r 4 ^1 ( T P 
 
 since the organization of the city government has there been a more effi- 
 cient police force than was in existence at the time of the passage of 
 this act. But supposing these allegations were true ? Have the diffi- 
 culties been removed under the new system inaugurated by the provi- 
 sions of this act ? 
 
 Sir, the very first proceeding under this law, was the appointment of 
 three Police Commissioners — Simeon Draper, James W. Nye and James 
 Bowen— whose political antecedents gave unmistakable evidence of the 
 partisan character of the new organization, and of the real objects de- 
 signed to be secured by the passage of this act. 
 
 The only Commissioner appointed who is not a violent partisan, was 
 proposed by a Democratic Mayor. 
 
 Now, sir, let us look a little at the course pursued by these Commis- 
 sioners, in regard to their appointments; and see what reform they have 
 affected in their professed efforts to place the police organization beyond 
 the reach of partisan influence. 
 
 Of all the Sergeants and Inspectors appointed, not one has been se- 
 lected from the Democratic party; and of the eleven hundred and forty 
 policemen who have been commissioned by this Board, I am informed, 
 on good authority, that from ten to eleven hundred have been taken from 
 the opponents of the Democratic party. Does this show a disposition 
 on the part of the Police Commissioners to ignore political considera- 
 tions in the selection of policemen ? No, sir. On the contrary, every 
 man who receives an appointment at their panels is expected ^o^prove 
 loyal to the Republican party, and ready at all times to do the bidding 
 of their political masters. 
 
 It was the offspring of a political party accidentally in power at the 
 Capitol, having but little prospect of finding favor with the people after 
 their brief hour of authority was over. And the occasion was'j seized 
 upon, to invent a scheme by which the Constitution could be evaded, 
 and an important branch of the government of a great city transferred 
 from the people, to whom it rightfully belonged, to the favorites of the 
 partisans who perpetuated the outrage. 
 
 At the last election, under the pretence of securing order at the' polls, 
 some two thousand special policemen were appointed to' seryeipr the 
 day in that capacity, and, of course, at the public expen.se. These men 
 were found at every election district in the city, untiring in their efforts 
 to secure the defeat of the Democratic ticket. 
 
 It is for redress against this great wrong inflicted upon" a district 
 comprising within its limits one-third of the population of our 1 great 
 State, that the appeal is made to the representatives of the peopfe who 
 alone have power to giant redress. 
 
 In the discussion of this question, much reliance is placed upon the 
 judgment of the Court of Appeals, by which the Metropolitan ' Police 
 Law is pronounced free from the Constitutional objection., ItJ'seerns to 
 be supposed, that because the Legislature has the power to pass bad 
 laws, that this power should be unsparingly exercised. Th^'ttieory 
 pervades the report of the majority of the Select Committee of the Sen- 
 ate, and is made prominent in the argument of the honorable" Senator 
 from the 2%d. (Mr. Noxon.) 
 
 This theory is certainly in harmony with the design and' object 'of the 
 act in question; for no considerations of its justice or propriety, ever 
 
5 
 
 » 
 
 troubled its projectors; they only sought a way to evade the Constitu- 
 tion, and disfranchise the city, without regard to the injury it might in- 
 flict on the rights which might be violated. The adroit and unscrupu- 
 lous managers with whom the scheme had its origin, did not trouble 
 themselves with any questions except the one of power. And when the 
 power was supposed to be discovered, the consummation was not de- 
 layed by any considerations of justice, or equity, or public policy. It 
 did not "matter to them whether the law was, or was not demanded by 
 the citizens of New York; or whether it was or was not necessary to 
 the protection of persons and property, or to the preservation of public 
 order. 
 
 In imitation of this same spirit, the Senator from the 22d exults over 
 the decision of the Court of Appeals, and parades it before the Senate 
 as an authority by which legislation is to be controlled. 
 
 I am not aware, sir, that this court has any commission to guide and 
 direct the policy of legislation. It may in its wisdom, determine that a 
 law which deprives a city of all power and control over its own police 
 is valid; but it has not determined that such laws are wise, or just, or 
 that the example set by the Legislature of 185T, in the passage of this' 
 act should be followed by its successors in extending this system of le- 
 gislation to other localities. I respect the decision of the Court of Ap- 
 peals, simply because it is high legal authority. But it was pronounced 
 by a divided court and involved grave questions of legislative power 
 upon which there was a diversity of opinion among judges and lawyers, 
 as well as legislators and laymen. 
 
 That the law was passed against the sentiment of a majority of the 
 people of this State was never doubted. It was regarded by all right- 
 minded men as a dangerous attempt upon local liberty to gratify parti- 
 zan ambition. 
 
 The city of New York had, in no respect, offended the sovereignty of 
 the State ; and the attempt by a political majority for a mere party 
 purpose to assail rights hitherto regarded as beyond the reach of legis- 
 lative invasion, was viewed with indignation and alarm — and the belief .' 
 was universal, that the court of last resort would rebuke the usurpa- 
 tion. A majority of its members, however, came to the conclusion that 
 the Legislature was not expressly forbidden by the Constitution from 
 the exercise of the power claimed, but none found that any such power 
 was expressly granted. 
 
 If it were permissable to re-open the discussion of the legal question, 
 the argument against the law miglit be safely rested upon the opinion 
 of the eminent Judge who dissented from the conclusions of the majority 
 of the court, and which through all time will stand side by side with the 
 judgment of the court in its official record, as a vindication of the effort 
 made to preserve the integrity of the Constitution, as well in its spirit 
 as in its letter. 
 
 But this judgment, whether it be deemed right or wrong, on the legal 
 question involved, can have no just influence upon the determination of 
 the question before this body. The ground upon which the people of the 
 Metropolitan Police District deamand repeal, is that it was unjust to 
 them, and unwise as a measure of public policy. They also claim, what 
 all must concede, that it was repugnant to the spirit of the Constitution 
 
 and subversive of the great principles of self-government. If the prin- 
 
 a« MWN D'jbivoJt j\"gcnaano^a iiown £u ©onmnTrTxr £j;m wroinvt .q bji 
 
6 
 
 ciples of this law are to prevail in the future legislation of this State, 
 there is no reason why the whole State may not be embraced in one 
 grand police district, governed and directed by a central power. 
 
 The primary object of the Metropolitan Police law was to take from 
 the electors of New York and Brooklyn, all power of appointment or 
 removal of the police force, and place it, with all its patronage, at the 
 disposal of the State government. The expenses are made a local 
 charge. The officers and duties are local, but the power to appoint and 
 remove is taken from the local authorities and electors. 
 
 There is no precedent for such legislation. The Euglish act creating 
 a Metropolitan Police for London and its vicinity, does not furnish a 
 precedent ; for in that act the British Parliament left the pripcipal 
 police force of London entirely untouched. Although not restrained in 
 its powers of legislation by a written constitution, yet the Parliament 
 respected the rights of the city of London and preserved its local 
 authority. 
 
 The Legislature of this State had no such regard for the city of New 
 York. 
 
 They sought not to preserve, but to pull down and destroy, not to 
 protect the local constituency in the right of self-government ; but to 
 plunder it of all authority over its police. 
 
 Not only this, but to achieve the purpose, it became necessary to 
 evade the letter of the Constitution and violate its spirit. It had no 
 power to strike down the local authorities of New York alone, but was 
 compelled to embrace with it neighboring localities. And this, the 
 Court says, the Legislature has the power to do. 
 
 The city of New York, as an independent municipality, has the Con- 
 stitutional right to appoint, remove, and control its own police. 
 
 The city of Brooklyn possesses, by itself, the same independence ; but 
 coupled together, they become powerless, and the Legislature may usurp 
 the government of both. 
 
 If the force of reasoning, by which this result is reached by the Court 
 of Appeals, is not fully appreciated, it does not matter, the decision is 
 equally binding as authority, and must be obeyed in all places where 
 obedience is due. 
 
 But this decision and this legislation is suggestive of some conside- 
 rations upon which the Legislature may well pause, and in which the 
 people of every city, village and town of the State have a direct interest. 
 And I call the attention of honorable Senators, representing the rural 
 districts of the State, to this branch of the subject. By it, the power 
 is asserted and maintained to unite the entire State, or any portion of 
 it, in a single district for police purposes, with its chief at the capital 
 and his subordinates in every city, town and village in the State. 
 
 The power to appoint and remove a countless host of captains, lieu- 
 tenants and policemen, with the distribution of all the patronage con- 
 nected with the system, follows as a matter of course. It is impossible 
 to contemplate such legislation, and such a decision, with indifference. 
 It strikes a fatal blow at local independence, and opens a view of legis- 
 lative power that renders written constitutions of little value. Of what 
 value is a provision in the fundamental law securing to the people of 
 cities, villages, towns and counties, the rights of local government, if 
 its provisions may be nullified by such a cunningly devised scheme as 
 
7 
 
 HMflw : filfoquiJoM oili Jo uyi^wtta tyj\\M 'xft vd txyroJil^iod i.rnnb 
 that which deprived the city of New York of all control over its own 
 police. The principle asserted need not be confined in its application to 
 the regulation of a police force. 
 
 It applies as well to every officer of a city, village, town or county 
 incident to its local government. Assessors, Tax Collectors and Trea- 
 surers may, under this principle, be superseded. The assessment and 
 collection of all taxes may be placed under the control of a finance 
 commission to be appointed by the Governor. Its subordinates may 
 traverse every portion of the State in the duty of collection and assess- 
 ment, who would be in all respects dependent upon the will of the cen- 
 tral authority. 
 
 They may not only assume the business of collection and assessment 
 but of distribution. 
 
 It may embrace taxation for local, as well as general, purposes. The 
 mite to be doled out to the poor of a town may be directed by a grand 
 overseer residing at the capital. Commissioners and overseers of high- 
 ways will cease to exist, or the repairs of roads and bridges will depend 
 upon the will of the central power. 
 
 Indeed, there is no branch of local government, whether in city or 
 country, which may not be assumed and controlled by a central com- 
 mission issuing its mandate from the seal of Government. Under such 
 a rule, it is easy to see that cities, counties, towns and villages as sepa- 
 rate communities will become extinct, and with them the whole fabric 
 of civil government, as has been hitherto enjoyed, will fall to pieces. 
 These consequences are the legitimate result of that system of legisla- 
 tion as applied to the city of New York, and against which her citizens 
 and representatives are alike emphatic in their protest. 
 
 She protests, because her rights enjoyed from almost immemorial 
 time, have been wrested from her, and because the blow aimed at her 
 local independence, inflicts a serious, if not fatal, blow upon the very 
 foundation of public liberty. The importance of preserving the indepen- 
 dence of local government to a very large extent is conceded by all. 
 The honorable Senator from the 22d, in his report to this body, admits 
 that " the principle of local government lies at the foundation of our 
 institutions, and should be seduously cherished ; and in the distribution 
 of power, whenever practicable or consistent with the general welfare, 
 should be carefully adhered to." But to this principle, the city of New 
 York is an exception. That because it is a populous city, and in the 
 administration of its government enjoys an extensive patronage, that 
 no principle of local liberty need be applied to it. It is claimed that 
 this government should be administered by agents of Executive selec- 
 tion It requires the powerful arm of central authority. The people to 
 be governed, need have no voice in the appointment of its local officers, 
 but their agency is only important in providing means for the support 
 of the system which legislative wisdom has deemed essential to the pre- 
 servation of life and property. Unlike other localities, the people of 
 New York have become dangerous to themselves. They are unconscious 
 of it, it is true ; but nevertheless their lives and property must be looked 
 after and protected by an Executive Commission. 
 
 True, says the honorable Senator from the 22d, the people of New 
 York have remonstrated against this usurpation, but this matters not, it 
 is a "partisan clamor raised against the new Police regulation — a 
 
8 
 
 clamor heightened by the thieves and plunderers of the Metropolis ; whose 
 political views and peculiar municipal privileges have been invaded." 
 
 The position of the honorable Senator, therefore, is that the citizens of 
 New York shall be singled out as an exception to the ordinary rules of 
 civil government, because they belong to a political party ; and secondly, 
 because they are about equal to the position of thieves and plunderers. 
 And hence their municipal rights must be invaded with impunity. If 
 the city of New York remonstrates against this great wrong, the answer 
 of the honorable Senator from the 22d is, that it is^ but partizan clamor, 
 heightened by thieves and plunderers, and therefore no attention need be 
 given the complaints. 
 
 The position of the honorable Senator may certainly be commended 
 for its boldness and audacity. He boldly maintains not only the power, 
 but the policy of withdrawing from the people the right of regulating 
 their own concerns in the administration of local government. He 
 denies the capacity of the people in this respect, and argues that power 
 is better exercised in the hands of the few than under the control of the 
 many. He assumes a position wholly at war with the spirit and policy 
 of the Constitution of 1846, and alien to the entire system of a Repub- 
 lican government. But it is essential to the approval of the principle of 
 the Metropolitan Police Law, that the doctrine asserted by the honorable 
 Senator shall be maintained, for so long as the principle of independence 
 in local government is adhered to, the Metropolitan Police Law must be 
 condemned as a measure of public policy. Not only does the Senator ' 
 maintain the propriety of wresting from the people of New York all 
 control over their local Police, but we are told that at no distant day, 
 the Metropolitan Police District must be extended so as to embrace all 
 the counties and cities bordering upon the Hudson river, and the local 
 government of each transferred to the Executive Commission. 
 
 This suggestion has peculiar significance, when we remember that it 
 was to nullify the influence of the Democratic majorities of New York 
 and Brooklyn, that instigated the passage of the Police law of 1857, for 
 when it shall so unfortunately happen, (if that calamity shall again be- 
 fall the people of this StateJ that the Republican party can control the 
 legislation, in every city or county in which Democratic majorities are 
 found inconvenient to the aspirations of political adventurers, we may 
 anticipate that the grand experiment of a Metropolitan Police will be 
 repeated. The honorable Senator does not disguise the design of the 
 party for whom he speaks in this body, to extend the protection and 
 guidance . of the Executive Commission to other localities in the State, 
 where they are averse to the perpetuation of the modern Republican 
 dynasty. 
 
 The honorable Senator from the 22d, is not sparing in his application 
 of epithets to the citizens of New York. In their opposition to the inter- 
 ference of State authority in their local affairs, he hears nothing but 
 partizan clamor and the complaints of the thieves and plunderers of the 
 Metropolis. 
 
 It is by these hard names that a large majority of the intelligent, en- 
 ergetic and enterprising citizens of a great city, are called when they 
 interpose to prevent legislative usurpation, and to protect rights 6acred 
 by immemorial antiquity. The regard manifested by the Republican 
 party, and particularly by the Senator from the 22d, for the preservation 
 
9 
 
 of law and order, and for the protection of life and property in the city 
 of New York, is in the highest degree to be commended. It evinces re- 
 formation in a quarter where it is greatly desired. Yet their zeal and 
 public spirit might, no doubt, be properly expended in other places. It 
 is not very long since the city, in which the honorable Senator resides, 
 was the scene of public disorder, where the mob triumphed over Nation- 
 al authority. Yet the desire for the preservation of public order in the 
 protection of the rights of property, has never expended itself in any 
 effort to provide a better government for the city of Syracuse, than that 
 which has been provided by the people of the municipality. On the con- 
 trary, the "Jerry rescue" affair has been from time to time celebrated 
 upon the spot where the performance was enacted, and if the honorable 
 Senator has not joined in the celebration, neither he or his party have 
 dissented from the propriety of publicly commemorating the triumph of 
 a Syracuse mob over the constituted authority of the general govern- 
 ment. 
 
 It is, perhaps, strange, that an honorable gentleman, so zealous in the 
 cause of good order, should have overlooked the rioters of his own city, 
 at a time when they were in the ascendant, to undertake the manage- 
 ment of local affairs in the great Commercial Metropolis. It would be 
 strange, if it were not notorious, that the sympathies and charities of 
 the party which the Senator so ably represents upon this floor, are uni- 
 formly bestowed upon distant objects, and, as a general thing, amount 
 to an interference in matters with which they have no concern. Such, 
 Mr. Chairman, is the nature of the new Republican crusade against the 
 rights of the citizens of New York. 
 
 It is impossible for honorable gentlemen to disguise the real object of 
 the movement. It had no regard to good order, or good government. It 
 was designed to transfer political power and patronage to the Republi- 
 can party, against the expressed will of the people. 
 
 It had no higher or nobler motive than this. Yet it is attempted here 
 to give it a better aspect. We are told, that the people of the whole , 
 State have an interest in the city of New York, and hence it proposes to 
 disfranchise its citizens. Because the people of the State find it for their 
 interest to visit the city of New York on matters of business or plea- 
 sure, it does not follow that the Legislature has a right to usurp its 
 government, or that they are at liberty to strip them of all power or 
 voice in its administration. 
 
 The people of New York are sovereign within its municipality, in all 
 that concerns local administration; and in this independence, it was the 
 design of the Constitution of 1846, to protect them, as well as every 
 other city in the State. 
 
 It is said by the Hon. Senator from the 22d, that twenty years ago, 
 the Mayors of cities were appointed by the Governor of the State ; and 
 this is urged, as a reason for a restoration of central power. Sir, if we 
 go a little farther back, we shall find that Governors were appointed 
 and commissioned by Kings and Cabinets across the water, and legisla- 
 tion dictated and directed by a foreign potentate. The Senator might 
 as well urge that we return to our allegiance to Great Britain and re- 
 construct our form of Government, by a surrender of all the rights of 
 Freemen, as to justify the usurpation of the rights of any locality by a 
 state of things forever passed away. It is urged again, that by the in- 
 
10 
 
 ^iio'oift (u ^jfaoqoiq ban oHi lo nor-tosfolq ?>r() 70I brfil .vjfcio bn/s wj: 
 terference of the Legislature, the city of New York has been provided 
 with a better and more efficient police than that which was destroyed. 
 If this were true, it does not justify the wrong, but it has no foundation 
 in fact. 
 
 On the contrary I assert, that the present police force bears no com- 
 parison in point of efficiency, to the well disciplined and efficient corps, 
 who for merely political considerations were compelled to yield their 
 places to an inexperienced and inefficient body of men, whose chief 
 merit consists in their subservience and devotion to the political fortunes 
 of the appointing power. 
 
 The Senator alludes with an air of triumph to the number of arrests 
 made by the Metropolitan Police, in September and October last. Why, 
 sir, it is well understood in the city of New York, that about one-half of 
 these arrests were made for the mere purpose of swelling the list and 
 parading it before the public as an evidence of their efficiency and 
 zeal in the public service, while not the slightest evidence existed 
 against the persons so arrested. 
 
 In regard to " the superiority of the present police " of which the 
 Senator from the 22d speaks in such glowing terms, I need only refer 
 to the dark catalogue of crime, in the City of New York, to show how 
 undeserved the eulogy, and into what unworthy hands the Police Gov- 
 ernment of that great city has fallen. 
 
 I propose to read in this connection a very few extracts from the press 
 upon that subject : 
 
 From the N. Y. Herald of Feb. 18th, 1858. 
 
 Burglaries in New York — The frequency of burglaries in this city has become the 
 subject of general remark. Scarcely a night passsess but what some half dozen houses 
 are entered by thieves, and property to an incredible amount carried off to'the infinite 
 disgust of citizens having a misplaced confidence in the Metropolitan Police. The 
 arrest of the burglars rarely occurs, while the recovery of the stolen property is some- 
 thing bordering on the miraculous. This fact is but another of the many instances 
 afforded us daily of the utter worthlessness and inefficiency of our present police sys- 
 tem. When will there be a change for the better ? 
 
 In alluding to the arrest of a man named James D. Davis, on a charge 
 of burglary, the Tribune of the 22d February says : 
 
 Mrs. Davis went to the prison for the purpose of seeing her husband , and was met 
 at or near the prison gate by policeman Voss or Foss, who gave his name to her as 
 Thompson. She asked to see her husband, when the policeman said he would let 
 her in for 50 cents, or would get her husband out of prison for $4. She said she was 
 very poor, but nevertheless would try and get the money. The policeman engaged 
 to meet her at the same place, in the afternoon. Mrs. Davis then went to some of 
 her friends, and finally succeeded in raising the sum of $5. With a happy heart at 
 the thought of being able to get her husband released from durance vile, she repaired 
 to the place. At the appointed time the policeman was there, when she handed him 
 the $5 bill. He gave it to another officer who got change, when he returned her one 
 dollar and pocketed the balance ; after which he told her to go home, that her hus- 
 band would be released the same afternoon #*#**## 
 
 N. Y. Tribune, February 20th, 1858. 
 
 The Model Artists and Police. — Among the audience assembled at the Model 
 Artist exhibition in Broome street, which was broken up by a squad of officers from 
 the Mayor's office on Thursday night, were three Police Captains, and it was upon 
 them that the Mayor's men were compelled to draw their revolvers to prevent their 
 too sudden retreat from the building. This Model Artist exhibition was not exactly 
 public nor was it an every night affair. 
 
From the Police Gazette, Feb. 20th, 1853. 
 
 Shall wb have a Vigllence Committee. — We say yes, most emphatically, and let 
 it he established immediately to protect the lives and property of citizens, and as a 
 terror to evil doers. At present there is no safety for any member of the community, 
 and the city appears to have been given over to lawless bands of maraudors and 
 midnight assassins, who appear to be banded together for murder and robbery, and 
 why should not honest men band together for mutual safety and protection. If such 
 a committee is established it should be strictly in accordance with law, as it would be 
 as intolerable to have an irresponsible body in this city, setting in violation of law, 
 as it is now to be ruled by the revolver, the bowie knife and the stiletto. 
 
 From the N. Y. Sun. 
 
 The harsh and summary manner in which the New Police Commissioners acted 
 towards the old police, and their obstinate refusal to respond to the universal wish 
 that the good men should be retained, causes the present decision (referring to the 
 recent decision of the Supreme Court in regard to the old Police) with much satisfac- 
 tion by a large portion of our citizens. 
 
 The extracts to which I have called the attention of the Senate, said 
 Mr. M., are but a small portion of similar articles, with which the press 
 of the city of New York abounds from day to day, showing conclusively 
 the unfitness and incompetency of the great body of the police force un- 
 der its present organization. 
 
 And yet the majority of the committee say in their report, and it is 
 reiterated in the speech of t^e Hon. Senator from the 22d, that " they 
 have not heard of complaints made against, or reproach cast upon, the 
 action of the Board of Police," on the contrary, they claim " that the 
 admitted superiority of the present Police is a subject for general con- 
 gratulation." 
 
 But this is not all, The majority of the Committee assert that "there 
 is no evidence before the Committee that the act is in conflict with the 
 wishes of the citizens of New York." And in the closing paragraph of 
 their report they say " the cry of repeal is already swallowed up in the 
 good order Snd peace which reigns throughout the district." Sir, this 
 language is a cruel satire upon the condition of affairs as they now 
 exist under the auspices of the Police Commissioners and their subor- 
 dinates ; the present guardians of the public peace of the city of New 
 York. 
 
 And let me ask my colleagues, upon this floor, if the people of the 
 Metropolitan Police District are satisfied with this law, why is it that 
 the thirty-two representatives in the Senate and Assembly, backed by 
 more than thirty thousand majority are sent here from the Metropolitan 
 Police District in favor of its unconditional repeal ? 
 
 Why have the local authorities of the cities of New York and Brook- 
 lyn memorialized the Legislature with almost entire unanimity, in favor 
 of the repeal of this unjust and tyrannical law ? 
 
 Why has Daniel F. Tieman, the Mayor of the city of New York, who 
 was elected in opposition to the Democratic nominee, joined in an earnest 
 appeal to the Legislature of the State to strike this iniquitous and op- 
 pressive enactment from the Statute book, and to restore again to the 
 citizens of New York the rights of self governwmit. But I propose also 
 in this connection to read a brief quotation on this subject, from the New 
 York Times, of November 17th, 1857. This authority even the Hon. 
 Senator from the 22d will not question : 
 
12 „ 
 
 From the New York Times, Nov. 17, 1857. 
 
 But the manner of appointing this commission must he changed — it is neither right 
 in itself nor in conformity with the spirit of the Constitution, that the Governor of 
 the State Should have control of the local police of this or any other citv. The State 
 has no such authority over its municipalities. Nor are the relations of the cities to 
 the State such as to render the exercise of such a power either legitimate or safe, and 
 the public sentiment of this city is most distinctly and decidedly against it — the peo- 
 ple feel universally and instinctively that it is wrong — an unjustifiable encroachment 
 upon local rights for the State thus to assume the appointment of officers whose func- 
 tions and responsibilities are purely local. Technically the law is Constitutional, but 
 it was made so only by the device of creating a new district, which should embrace 
 other counties besides the one where it was to take special effect. 
 
 The truth, is, Mr. Chairman, the utter inefficiency of this new organi- 
 zation, is daily becoming more and more apparent ; and since its inau- 
 guration a new impetus has been given to the commission of crime of 
 every grade, as the records of the public press in the city of New York 
 will abundantly demonstrate. 
 
 I am well aware, Mr. Chairman, that Police Commissioners and Police 
 Captains have been hovering about the Capitol, during the progress of 
 this discussion ; but I do not believe, sir, that they, or their eloquent 
 champion upon this floor — the honorable Senator from the 22d — will be 
 able to ' satisfy the Senate, or the public, but that this new fangled 
 scheme for governing the city of New York, has proved an utter failure, 
 and, in every aspect, detrimental to the pulic interests. 
 
 The Senator, also, alludes to the fact that seven thousand dollars worth 
 of stolen property has been returned to the owners during the months of 
 September and October, while there was no evidence that the old police 
 had ever returned any portion of property, taken by them, to its owners. 
 But he neglected to mention the fact that, under the old law, the police 
 were compelled to deposit all stolen property with the clerk of the 
 Police Court at the Tombs. But I will not detain the Senate with any 
 further detail on this branch of the subject. There is, however, one 
 other feature connected with this novel scheme for governing the city 
 of New York, which the Senator from the 22d has quite overlooked, but 
 in which the tax-payers of that city feel a deep interest. I allude, sir, 
 to the enormous increase of the expenses under the Metropolitan Police 
 Law, over those incurred under the old Police sj'stem, which, by refer- 
 ence to the tax bill now in the other branch of the Legislature, will be 
 found to exceed the expenditures of any previous year, by several hun- 
 dred thousand dollars. 
 
 The Senators from the 22d and the 27th have indulged in bitter per- 
 sonal attacks upon Fernando Wood. I do not design, sir, to reply to 
 them, further than to say that, as Mayor of the city of New York, and 
 as head of the Police, he has discharged his duty with an ability, and 
 devotion to the public interests which, at one time, commanded even the 
 admiration of the political friends of the Senators who now traduce him. 
 But, with a fiend-like spirit, he has since been pursued by a partisan 
 press, and by personal and political foes ; but, sir, I believe he will yet 
 triumph over them all. 
 
 The proposition of the honorable Senator from the 27th, is a conces- 
 sion that the principles of the Metropolitan Police Bill are radically 
 wrong ; and I thank the distinguished Senator for his bold and manly 
 defence of the citizens of New York, when discussing his proposition 
 
M 13 
 
 mi' .tewi'SR.^"^. ™ rf ° f t>"s VlhatcrfioD of theft claim to the rights of 
 setf-gpyeramenfy . n ' • ^ 
 
 But,''w)iile the Senator proposes to leave to the people the' right to 
 select the Police Commissioners, in so doing he puts them m a straight 
 lacket. It is not unlike an Emperor of 1 France' bestowing the' elective 
 
 fli >l.«5p> j N..L o •'III IliJ ITIMMT ITU I. 'Ji lull i .'till A A I I iiikiII 
 
 franchise upon tne^Fren^h people.'oy which they were at Hber'ty ; 'tto vote 
 for whom ( they pleased for Emperor, but all who did not Vote fox' Napo- 
 4 "' Mi lepn were to be shot 
 
 >ub uijtn ^j 1 ^)**^ '. m the 2*Tth, is willing to give the electors'b'f' New 
 York the light to elect a Police Commission, but in such''a way ''that a 
 small minority may have equal power with the most overwhelming 
 
 This is acknowledging the right of the people, but (liyestirg'lfi^ exer- 
 cise of all substantial value. It is but the shadow of local independence, 
 while the substance is taken away ; and' it carries out no theory consis- 
 tent with the rights of self government. It is a plain violation of the 
 
 and said no Senator ujion this floor could doubt for a moment "but' that an 
 overwhelming majority of the people of the city o'f New York, 'And the 
 Metropolitan District, are in favor of the prompt and unconditional repeal 
 of this obnoxious law. In the election in November last, they spoke 
 in thunder tones through the ballot box ; and, Sir, the cry of repeal 
 was not confined to the Metropolitan Police District. It was taken up 
 by the people of the State, from one end to the other, and was made the 
 rallying cry of the Democratic masses from the ocean to the lakes ; and 
 upon this issue, more than any other, was the Democracy enabled to 
 sweep the State, and bear in triumph their flag to the Capitol. They 
 now appeal to the representatives of the people for a restoration of 
 their ancient rights, and to be placed on an equality with their sister 
 cities throughout the State. If their appeal is disregarded, though tem- 
 porarily crushed to earth by the hand of power, they will rise again and 
 re-assert their rights at the ballot box. 
 
 I submit to the Senate that there is but one way to deal with this 
 question consistent with established principles and a just regard for the 
 citizens, and that is to expunge this obnoxious law from the Statute 
 book. It should have no place among the laws enacted for the govern- 
 ment of a free yeojile. 
 
 The city of New York has some claim to be protected in the enjoy- 
 ment of rights acceeded to every other locality. She demands no 
 greater privileges than are granted to other municipal bodies, and will 
 be content with no less. 
 
 Her commercial position — the magnitude of her business interest, and 
 the extent of her population, while it may not entitle her to any greater 
 consideration than is willingly conceded to every other city in the State, 
 should not be made a pretext for delivering over against her will, her 
 dearest rights to the domination of mercenary politicians. 
 
 The city of New York is pre-eminent among all the cities of this con- 
 tinent, and indeed of the world, in her commercial and financial position. 
 Her ships float upon every sea. She is the grand centre of commerce 
 
14 
 
 and of civilization. She is at once the envy of the old world, and the 
 pride of the new. That within her limits dwells an incalculable amount 
 of wealth, of energy and enterprise — that among her citizens are found 
 merchants whose operations are as extensive as the globe ; and illus- 
 trious men of every rank, profession, and calling in life, who shed lustre 
 upon the American name, furnishes but poor evidence of their incapacity 
 for self government. 
 
 It may answer a present purpose to assail the intelligent, enterprising 
 citizen of New York, as unfit to enjoy local freedom, and charge them 
 with sympathy and association with thieves and plunderers ; but in due 
 time they will be vindicated from this offensive allegation. They seek 
 redress at this time, and from the representatives now assembled at this 
 Capitol. Their local representatives, speaking for an overwhelming 
 majority of the electors and tax payers of the Metropolitan Police Dis- 
 trict, demand, as a measnre of equal and exact justice, that they be re- 
 stored to rights sacred to every citizen, and which, in an hour of par- 
 tizan madness, were taken from them. 
 
 To redress this great wrong, a peaceful appeal is now made to the 
 representatives of the people of a great state, in the full confidence that 
 those who do not permit an invasion of their own inherent rights with 
 impunity, will be prompt to redress the injuries sought to be inflicted 
 upon their fellow citizens. 
 
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