The New York herald., 1851-08-19
MMON NCIL.
No-~~o~oJ~|~>~-N~>NNo1-~N
THE CHIEF OF POLICE,
Proceedings OF the Board OF Aldermen.
Arcrsr Ii a=Alderman Morgans nresidinR

Alderman MILLER, (who was very imperfectly heard)
called the att Of the Board to the driving of cattle
through the streets in day time aud to the number of
accidents which had lately occurred in consequence lie
said they ought to be limited to the five hours between
twelve O'Clock at night ana five in the morning.
Alderman SHAW, (who was partially sudibe) said It
make offence amisdemeanor though the charter gave
extensive general powers.
Alderman KELLY said it was in the power Of the Cor
poration to fine such parties and grand uries could
ipdot them Nothing can be made misdemeanor with
out a State law.
porter
Alderman BsIrroN inaudible.
The President inaudible.
Alderman DopGE insudibe.
Alderman MILLER moved the following -Resolved.
That 1t be REFER ed to the Committe on TO
report this Board prohibiting the driving
of cattle through any Of the streets Of the city below
Forty street. except between the hours OF twelve
O'Clock p. NJ, and five o'clock A. and making the
violator thereof q msdemeanor The resolution was re-
ferred.
THE AssAssrATrors POLICE.
Alderman MILLER (who could be only heard in few
words of all that he sad) drew the attention Of tn
Board to recent assassination of the police with
knives and said if the ruiisus who assaed them only
knew that they had r-volvers in their pockets they
would be very careful how they attacked them He
moved the following resolution -
Resolved. That his Honor, the Mayor as head Of ths
police department. be requested to communicates to this
Board Frst-IIis opinion Of the effect Of authorizing
the captains Of the several police stations to their
with revovers when duty in dangerous sites
second-His opinion Of Its probable result on sucn ae
Fourth ward. Thrd--Such information and views as
the Department may have or come in possession
Of fiom such armng In Philadelphia The resolution
MONUMENT FOR PAUL JONES.
An application received from John II. sherborne
the author Of the Life of Paul Jones' asking place in
the Park for monument for that distinguished naval
hero The application was referred to the Committee on
Lands and Places.
THE NOMINATION CONFIRMATION OF THE CHIEF OF
Alderman GRrr,s as Chairman of the Committee on
Saleres and Officers, whom referred the Mayor s
nomination Of Mr. Matse as Chief Of Police, presented
Alderman Cook then presented his minority report
Alderman KELLY moved that both reports be laid on
minority member Of the committee Is great and it is
due to the Board to have the whole case before the
that they may vote intelligently on the subject
Alderman SrURIEvAsT moved that they be read hrst
Perhaps there would be no necessity for printing them
at all.
The molten to read was carried; and the motion to
The reports were then read, as follows
MAJORITY REPORT.
The Committee on Salaries and Offcers to whom was
referred the annexed message from his Honor the Mayor
communicating his nomination OF George W. Matsel
to the Office Of chief Of Police respectfully
That II appears BY that the Office of Chief
Of Police is vscant AMI that 1t has been suffered to
remain In this condition for long period Of time, not
ndipg that on the Of the vacancy in
such Office the act for the establishment nd regulation
Of the police Of the city q New York passed May 7h
make IL the duty OF the Mayor 10 nominate TO the Com
mon Council and with their approval to appoint Chief
neglected, and the Law thus evsded or complied
with. during long interval the Legsature found IL
lth July 1851 for the purpose Of enforcing the per-
formance Of such duties, and Of causing compliance
with this provision Of law.
of Chief OF Police in the act Of lS and rected In tn,
amendments, both Of lss6 and lsis.
The Chief of Jlice shall be nominated By the Mayos
to the Common Council and with their approval shall
| be appointed by the Mayor
The amendment TO the charter above referred to-
| he of Ia in 40
In the Mayor shall neglect, or refuse to nomust
the chief officer Of bureau in the police department.
mated the Chief Of Police for five days after tn
comm. ncrment Of the session Of the Common Council
70 be holden August 1851 1t shall be the outy of tn
and .he Mayor shsl make such nomination.
shall be rejected by the Board OF Alder the Boar
Of Aldermen shall have power at any regular session
that se days ~ any such session shall elape wthou.
another nomination being made by the Mayor and that
appointment Of such officer shall have been made as
heretofore providsd.-
Your committee cannot view the above provision Of
the police act as having been repealed by this amend
the charter and " such be sustained then
the Chief Of Police should have been nomipaed to the
Common Councils while the nomination to the Board Of
Aldermen made In the xed message without legal
suthority and therefore void More than Eve days OF
the August sesi having elapsed the Board Of Alder
struetion Of law, to appoint such officer forthwith
But your committee not willing 10 take advantage
erroneous pr eeedrg and thus reommend to the
Board the exercise oi the full power of appointment a.
the law would to warrant, arc they disposed to
avoid direct meeting OF the question submitted to this
board by his Honor the Mayor viz whether they viii
give their and approval to the appointment OF
! George W. Mstsel to the Office Of Chief u Police.
The extraordinary. and as ~ believed, the unprece.
msnt Of the views which Influenced the executive In the
performance Of legal duty. together with the suoms-
defence IscomnepdaiIon the nominee. would seem
Indicate that the Mayor either apprshended the exit
ence serious objections 10 the nominee, that be- In
preage foresta In going into the merits
auo qualifications of bis chosen candidate.
This document therefore, seems 20 claim the aten
tion of your committee aud especially II contains
propositions ia which this Board not quiece with
cut surrender Of its Independence its dignity aud its
riehi Of judgment The proposition put forth By his
Honor the MsJor claiming that u " not only prnper
but emnently Necessary that the bead 81 ths depart
executive oe,r, Is one 10 which yorr committee cannot
submit
Ibs law from the organization of the police dsps rt
TO the prtsent time hzs made thi Board coord
branch Of the poser of appointment aud has en
forced ~ the duty Of cxrcisipg ts judgment In the
| selection q Chief OF Police
Nour committee do not Therefore think that this Board
should surrender iu rights, or abandon is dutyi bu,
that under deep Of the Obligations imposd on
by Law. Il should nsst giving OF Withholding it, sp-
pfuval OF the nomination submitted to It, In accOri,nce
tb. public good require The charter OF our city tn
laws cf the state and the ordinances OF the Comnoo
Council have wh,ly imposed mutual ehsess ON "a
! and any attempt by the chief magistrate TO usurp
himself prcrogatives IN violation ofsuch laws shoa'd
| promptly met by this Board
While your committee ~ould nct attempt 10 question
the posiiio n by his Honor the Mayor That hi
with the present Incumbent OF Ones Of 20
lice hss sblsd him ~ form correct optucn OF NJ
qualifications. they vOuld espectfuly claim that IN
m.nb.rs OF this bOsrd from The circumstsnoe OF thei
having hsld much longer ofscal relationsap to Tn
p.ce dsp.rtmentthsir exeps,-e Of CO. ordsate powe
u appcintns,ut uf su s rasmbere-tneir position n
juog,s a the crrmiosl co2rts-as mssist.>tes Ut tn
tity-pd representatives ~ th Interests OF thsir ~
cire wnrds- h.ve gwen TO them at lssst equal 80
l.rtupities 10 Judge II the whsh this deyrt
mefft las been governed
Having distosd Of these preliminary consider sions
ytIr proce.d to con ider tnsdirct isse no'
| bei,re the Bosrd shall ts consent and sppaoys
gwen 20 the sppointnsut Of George y. Matss@ 70 IN
fhce ~ Chief ~ P,ncs'
10 epabe the Beard Go judge ths more sdyisedly o
\ The qu.stisn. your ctmmitt.e tahut oAe fohosn
ps as the result of their nvestIgetsus aud
the Msyor raised the iesue ts h message, aud n
ipv.d inquiry thereto the qAetion ~ the proper puai
tcattons 81 the nominee is c'sneidervd--
lat The ,riginsl sppohf fmsut of Mr.. Mstseh W
strictly political and the prior nominee Robert rayio
Sbcs. turerVr fitness Tor this Office was universally