New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-08-18
The Chief Of Police.
the CLYDE

-Four days since We charged the present
occupant of this Office with having COM
United an offense, which renders him for
ever Ineligible either 20 this or any other
place under the City Charter And we not
only made the charge. but proved ltby state
ments copied from the official records in the
Office of the Controller.
The truth of this charge has not once
been disputed, either by Mr.. Matsell or any
of his friends, or either Of the journals that
had hitherto sustained his relppOintment.
And vet had there been the slightest avenue
Of escape from it, had it been possible to
evade Or turn it aside, who does not know
that Mr.. Matsell would have done 1t the next
day. in the loudest and boldest manner
Such silence is the clearest confession
Mr.. Matsell thus admits that he, an officer
of the Corporation, has bought land sold for
taxes. and is thereby ineligible to any and
every Office under the Charter.
In this case a merely ordinary sense of
propriety, and very slight regard for public
opinion. are alone required to make him feel
that there is but one course to take. lie
must withdraw from the position of can
didate for disappointment. Any other course
would be an open insult to the Common
Council, to the law, to the people Of the
City.
If none OF these considerations have any
influence with Mr. Matsell, and if he IN
clines to persist in being candidate, though
he knows that his election would not only be
null but under the circumstances, dlscredlta-
bic TO all engaged In accomplishing 1t, since
it would be proclamation of utter contempt
for the Charter. he ought at least to reflect
that he owes something TO the Mayor, whom
he has induced to involve himself in 4 stu
ation Of singular embarrassment Let Mr..
Matsell withdraw. as the best means of re-
lievinc his friend, as far as possible, from
these embarrassments Any other course
would be the hight of ingratitude
Should he not do this, the Mayor will
then have to choose between withdrawing
the Iomination himself, before the Common
Council has acted on it, which he has
perfect right to do, to say nothing about his
duty in the premises, or allowing 1t TO con-
tinue and be acted on To withdraw 1t
would be to say that he has now learned
that there exists an insurmountable legal
impeachment to the appointment and that ne
does not think uroper To ask the Council To
act upon a nomination which the law pro-
nounces null and void To allow 1t to con-
tnue. would he TO cast defiance at once at
the Charter and at public opinion, by persist
inc in the nomination, to one OF the most
important places in the City Administration,
of man who has committed, and dares not
DENY that he has committed, an ohense of
such magnitude that he is lncapaclted by II
from holding any office under the Charter
Ii would seem as though there should be no
doubt nor hesitation as to which OF these
alternatives 10 choose.
The Erening Post has had the courage
to say that the facts we have alleged against
Mr. Matsell, and proved frem the Official
records, So that nobody can doubt them, are
of no consequence so long as they have not
been established before court of Justice
The Posi- evidently desires to have the
public forget that the question is not on
turning Inn GU, of an office which he hokls
by virtue Of a regular appointment, but on
reappolntng HIM after his legal term has
long expired. and when he is holding the
place only by sutierance until successor
is chosen. To eypel him from office would
of course require judicial certainty and
the verdict of competent tribunal, but TO
prevent ms reappointment and TO render the
pressing il an offense against propriety and
an insult 10 the Charter, only 3 moral GER
tainty is required and that We have estab-
lished.