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communes, to make the needful arrangements for the instruction of children as they please. It is repugnant to the principle of self-government, that a government in free society should be bound to provide funds for common town-schools, or make laws for their organization, school-books, etc. If the teachers and freemen in the towns are not able to do this without state interference, the sooner the republican form of government is abandoned the better. Says a teacher of one of the public schools in New York, Mr. Stewart, in a public meeting of teachers: "Our present school-system was admirable at the time it started, but it is now the contrary. It was based on a pauper system of education (instruction), which is not in any way adapted to the present day. Our present school-system is miserably detrimental in its effects upon the mental, moral, and physical qualifications of the youth of our city. Now, at the present time, the school system costs the people of New York considerably over $1,000,000 annually, and it is likely, before long, to cost $1,500,000, or even more.” These results are the fruits of state-meddling with town (city, village) business.

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Being engaged in discussing political cant-phrases, I add here a few words on that of "popular sovereignty" or squatter sovereignty," taking, for the sake of convenience, the words popular and squatter for synonyms. I also say, that there exists no such a thing as popular sovereignty in the United States, because it implies direct legislation by the people, as in the beginning of Maryland or ancient Greece, but not in vogue at present. People may be independent and free, but, on this account, are not sovereigns in the proper sense of the word, because they are not legislators. The act of voting or electing is not a result of sovereignty, but of organized civil liberty. There is no nation in the world, the Russians and Turks included, without possessing more or less of this liberty, and, consequently, without some voting or electing. They elect not always their governments, as kings, etc., but these rule notwithstanding, with the tacit or presumptive general consent of the people, for, otherwise, they would not be able to maintain themselves at all. In this connection, you will remember that sovereigns, that is those that represent and legislate for society, are either born or elected; the first happens in monarchies, the latter in republics; but in constitutional monarchies, also, the

legislatures are, for the most part, elected, and that all those officers who execute the laws of the state and act in its name, as judges, clerks, military, etc., are appointed. I try to be as plain and explicit as possible in this regard, because there are confused ideas afloat about these things, which, if they enter party disputes and constitutions, cause much mischief. Those who make the judiciary and other administrative officials elective labor under such ideas.

LETTER XVII.

Local Officers. Sheriffs' Clerks.- County, City, Town, and Village Officers. Their Election. Vacancies.

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Vacant Offices. - Metropolitan Police Law.

Political Year. — Removal. –

THE following article, akin of the seventh, seems to contradict, in some measure, what I have said before about the little care bestowed upon the organization of counties and towns by the constitution; but let us see.

ARTICLE X.

Local Officers.

"1. Sheriffs, clerks of counties, including the register and clerk of the city and county of New York, coroners and district attorneys, shall be chosen by the electors of the respective counties, once in every three years, and as often as vacancies shall happen. Sheriffs shall hold no other office, and be ineligible for the next three years after the termination of their offices. They may be required, by law, to renew their security, from time to time; and in default of giving such new security, their offices shall be deemed vacant But the county shall never be made responsible for the acts of the sheriff.

"The governor may remove any officer, in this section mentioned, within the term for which he shall have been elected; giving to such officer a copy of the charges against him, and an opportunity of being heard in his defence."

Here we make the acquaintance of a number of subaltern clerks or officials, originally to be appointed by the courts or boards to whom they belong, or by the respective executive and legislative bodies. The sheriff is the judicial county executive, and should be appointed like the county judiciary. You may compare with it the last sentence in art. II., sect. ii., clause 2, of the federal

constitution.

constitution.

Something like that would also answer for a state

Who are at present the electors?— the citizens who are called so? Not exactly; for, according to the usual party management of elections, the party nominating committees or conventions, which present the candidates to the electors, are the real appointers of the functionaries, and the voting of the electors itself a mere matter of form or ratification. These committees, of course, have their own policies and interests. The more offices there are in the market, the more importance acquire these committees, and, of course, the more bargains will occur. This invariably must terminate in utter corruption. If we now throw out of the elections all clerical offices, as I have suggested repeatedly, a great source of public corruption will be dried up at once, the political machinery simplified, and the pernicious influence of parties checked. We can not be without parties, but should not purposely educate bad parties. This we do by the present elective system.

It seems to be against justice to exempt the counties from responsibily for the acts of their officials. Who else shall be responsible? The subalterns or clerks should be amenable or responsible to those who appoint them. The sheriff should be responsible to the county overseer and supervisors, who should appoint them. If those authorities should neglect their duty, then comes the turn of the governor to see that the laws are executed.

"2. All county officers, whose election or appointment is not provided for by this constitution, shall be elected by the electors of the respective counties, or appointed by the boards of supervisors, or other county authorities, as the legislature shall direct. All city, town, and village officers, whose election or appointment is not provided for by this constitution, shall be elected by the electors of such cities, towns, and villages, or of some division thereof, or appointed by such authorities thereof as the legislature shall designate for that purpose. All officers, whose election or appointment is not provided for by this constitution, and all officers whose offices may hereafter be created by law, shall be elected by the people, or appointed as the legislature may direct."

This seems to be a pretty exclusive proviso, but is vague withal. If the constitution contains the necessary provisoes for the organization and government of counties and towns (cities and villages), and gives them the appointment of the subaltern clerks,

all will be clear, and such disputes as that about the right of the legislature to establish a new state police-district for four counties can not happen. The police business is and ever will be local, and, of course, belonging to towns. No state, no county, ever can be in need of a policeman or constable if there are towns organized (cities and villages). If a constitution ordains that the towns (cities, villages) shall elect and appoint their town officials, policemen included, it ordains implicitly that nobody else shall do it, neither the county nor state, or an arbitrary paper district of two, three, or four counties. If constitutions are not, by the competent courts, interpreted in this manner, they are positively not to be depended on.

The constitution ordains that there shall be a court of appeals. Well, if now a legislature, in favor of two or a dozen such courts, should create them, because the constitution did not expressly forbid the establishing of more than one, all would at once cry out that this was a wicked quibble-a false interpretation; still the metropolitan police law rests upon no better ground. It is a bold encroachment upon this proviso. Washington.utters pithy words on such acts in his Farewell Address.

"3. When the duration of any office is not provided by this constitution, it may be declared by law, and if not so declared, such office shall be held during the pleasure of the authority making the appointment.

“4. The time of electing all officers named in this article shall be prescribed by law."

This is matter of course. A similar proviso like that in sect. iv. is contained in sect. xviii., art. VI.

"5. The legislature shall provide for filling vacancies in office, and in case of elective officers, no person appointed to fill a vacancy shall hold his office by virtue of such appointment longer than the commencement of the political year next succeeding the first annual election after the happening of the vacancy.

"6. The political year and legislative term shall begin on the first day of January, and the legislature shall assemble on the first Tuesday in January, unless a different day may be appointed by law.

"7. Provision shall be made by law for the removal for misconduct or malversation in office of all officers (except judicial) whose powers and duties are not local and legislative, and who shall be elected at general elections, and also for supplying vacancies created by such removals.

"8. The legislature may declare the cases in which any office shall be deemed vacant, where no provision is made for that purpose in this constitution."

All these provisoes do not deserve exactly a place in a constitution. It may suit a later legislature better to begin the political year a couple of weeks before the session, in order to get the message and reports complete in season.

All these details are objects of special legislation or routine.

The head of this article should have taught caution and discretion to the framers of the constitution and the originators of the metropolitan police law; and this case, in particular, should teach how much depends upon a well-informed and honest judiciary in a republic.

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LETTER XVIII.

Militia. Religious Denominations. - Higher Law. - Appointment of offi- Major-Generals. Commissary-General. - Commission.

cers.

THE god Mars rules not only in Europe supremely, but also in the state of New York.

ARTICLE XI.
Militia.

"1. The militia of this state shall at all times hereafter, be armed and disciplined, and in readiness for service; but all such inhabitants of this state, of any religious denomination whatever, as from scruples of conscience may be averse to bearing arms, shall be excused therefrom, upon such condition as may be prescribed by law."

Compare this article and its six clauses with the few simple lines in the federal constitution, concerning the army and navy and common defense of the United States, and you will judge for yourself that most of it does not belong to the constitution, but in a statute book or one of mere regulations. A simple constitutional proviso, that the militia of the state of New York shall be organized in conformity with the laws of Congress, would be sufficient for all practical purposes. Also the scruples mentioned here should never be made manifest in a constitution. It reflects upon sects and has a smack of higher law reveries and their approval, which is entirely wrong.

"2. Militia officers shall be chosen or appointed as follows: captains, subalterns, and non-commissioned officers shall be chosen by the written votes of

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