New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-08-19
The Nomination of ,IatseiI.

The Nomination of MatseiI.
The Committee on Salaries of Officers.
to whom Was referred the Annual Message from hS
Honor tie MAYOR communicating Ms nomination OF
George " MatScil % The Off Of Chief of Poke.
respectfully
REPORT
That Il appears by invest cation that the ONCE ot
ChlClo Police = now vacant AMI that u has been
suffered 20 remain IA this condition Tor Ons period
OF time Notwithstanding that on the occurrence q
vacancy such office tue dci iOI Tie establishment
and regulation of the Police OF the City OF New
\ ork." passed Nay :. 1874. and The acts OF 1910 AID
1919. anoIGaioH hereto make i The duty OF the
Mayor 90 nominate 70 the Common Council and With
their approval 90 alpon, a Chlci Of Police 70 III
such vacancy. THIS duty having been neglected,
aud The law thus evadod or non, omphei with, du-
ring So long an interval. The Legislature found ne
ccsSary 60 enact The amendment 10 the Charter Of
the lth July, 1851, Tor the purpose OF enforcing Tie
performance OF such duiy and of causing cOmpl-
ancc of thi, provision OF Law.
The follow ng l. the clause relative iOihe appoint
mcnt OF Chef OF Police. m the vet of ISL aud re-
cited 10 tie amendm, MS both OF 1916 and 1870
The Chief OF Pohce shall be nominated by the
Nayor 10 the common Council and, with Their ap
proyal, shall bc appointed 10y the Mayor"
The amendment To the Charter. above referred to,
OF the llih Of July. ISL - IN The following words
But IN case the Mayor shall neglect or refuse to
nominate ,he chiCf officer OF a bureau IN the Police
Dcpafin cI designated as the Chief of Police, 'oI
i've DAYS after the commencement OF the session OF
the Common Council. 70 be holden IN August, isjl,
l. shall the duty OF the Board OF Aldermen ID APP
point such officer thnh and IN case The Mayor
Shall make such nomination, and At shall be rejected
hv The Board Ol Aldermen, the Board OF Aldermen
shall have power, a. ANY regular session OF The Com
mon Council, to appoint such officer provided THAI
FIVE days OF any such session shall elAp.e without
another nom nation being made by the Mayor and
that no appointment u such ohcet Shdll uaVt bteh
made heretofore PROV lutd.
Noui Committee cannot view the above provision
Of the Police Act as having been repealed ~ ihs
amendment of The Charter and If such view De sus-
tanned, then the Chief Of Police should nave been
nominated to the Common Council, while the nom
nation to the Board Of Aldermen. made IN he
annexed message Is without legal authority, and
there fore void.
More than ave days OF the August session having
elapsed, the Board OF Aldermen would consequently
have power, under tins construction OF Lass, lo dp-
point such officer forthwith.
But your Committee are not wilimg to take adj
want % OF any erroneous proceeding aud thus re-
commend 10 the Board the exercise OF The iuli power
Of appointment, as the Law would seem to warrant,
nor Me thty disposed 20 AVOID a direcI meeting oi
the question submitted TO this Board by ms Honor
the MAYOR, VIZ Whether they viii give their con
sent and approval 10 the appointment OF George W
MatSell 10 he Office Of Chief OF Police.
ThcrXtrlordlnary. and. Is /, believed the unprcce-
deuted act OF accompanying nomination I'm a
statement ID. The views winch influenced tho Ike ~
tive I'D the performance ot a legal dutY. tO2ethtf
with the submission OF an apology for the scief,!cn
made by him, and defense Or TecommthIhloh OF
the nominee would seem 10 indicate that me Mayor
either aDprGheHOeu me existence oi N'l'uo '@j'''
tons to The nominee, or that he intended 20 lic,
nudge ard forestal IN goiag INTO the merits ana
/ qualifications Of h.s chosen candidate
This document, therefore, seems 10 claim the ~
/ ,en,ior Of your Committee and especially A. n
contains propositions IN which TINS Board cannot
acQulesce without surrender oil lts ih.eFisi h'e'
MS dignity. and is right Of judgment Inc pLO~''
ton put forth by his Honor tho Mayor claiming nat
II j. not only proper lat cmnentiy necessary mt
the N "a OF the Department should nave we uhtnh-
/ troled selection OF ms Chief Executive 'h"ei -
/ one TO which yOuT Committee cannot assent
The law, from ihc organization IL me fot'i "
uartmeut 10 the present time, has made TINS Io@lu
coordinate branch of the power OF appointment ana
| has enforced Oh Z the duly OF ek1,oa.s IL jug
/ meut An the selection of Chef Of Police
Nour Committee do not, therefore. tlink uiiL thls
| Poard should surrender ~ rights or apfnioA is
| duty bur that under deep sense Oh the ools@toh,
,rnro.ed on IL by law, u should insla' N giving or
withholding IL approval OF the nomination sIoiAiI
rcd 10 II, in accordance with Is own views Oi "hat
/ the Police Department and the plohc good REQUIRE
The Charter 81 cur CIiy, the laws OF me state ana
the ordinances Of the Common II, haVe VIZ
! 'mroSed mutual checks on the proceedings OF 'he
[ different branches OF the corporation, 1N sHy a.
tempt by the Chef Magistrate 70 rsuip TO NM !
I prerogatiyes IN violation OF sncA laws 'H"u'' W
/ promptly met ~ this Board ......... ., ,,o.
! ton the position assumed BY MS Hongt lhe Ny
that ms intercourse with the present incdhDent "
! chef If Police has enabled h!fa 10 form cOfreSI
opinion of his Guallf ca;iJns they "o!a r. pSoil
claim that tho member, ~ tn-s Doaf- 'Sl.i -,
cal reiatoush n 70 the Ponce cparlllA-t4e'I &
ercise of a coordinate power OF appointment OF III
it, meubCrs-theIT position a. Iuc2ts "a ,nS Vim
nal Courts. a. Magistrate OF Inc ,ILy' anu a,
.eutatives Of the Interests ~ theiT resp ct4't
! SO glven 10 them ~ least equas opportunities 10
! nudge Of The manner II "i"S' ''"' 4'f
| HaTiug dIs9osed Of these preliminary coilsiaeiA.
Mons yol,r C0mrntee proceed 70 consider me !4cl
sue now before TINS Board shall It's consent ~.
/ apuroyal be- gwen 20 tie appointment o. "e"'sS '"
a.. .Ig1-.st ~
To ENABLE the Board 10 Judge me more az l'tu-y
"a, this question yoLr Comhit,ee submit lAe loo"
ing statement 10 resut oi 1heI u'eo'is lIvlo
AID a. me MAJOR has "a SCI the ISSUE u No 49,
| sace and has invited inquiry thereto, lne qaesuoh
Of TIE proper QUALIFICATIONS Oh Tie i'"'iiAe' - ''N
ii The ong.Da. appointment Of hr. Messeu was
/ s,r,otlV pOl.ical AID the prlor nominee, hooer
Tailor whose superior illness iOl I.ls OH as al
/ veIsally acknowledged, rejected oy Vein2sIa.A
! CANNON Council because he was Nng. Inc m
,o.irct,on OF Uout!cai influence INTO the Po.Te DE
,srtnet, by his appointment y still &c be much re
/ yretted Nh Matsells two successive aPpolhLhsns'
| were also received from his Own fJlt.cdi bdIH
while the TWO Wig Majors, through whose Aslill.i
STATIONS he has served had no opportunity % q
c,s,r, any choice N regard to the appointment OF
Cb,Ss ~ Police Tor Mr. Maisells .eTm 81 once Cue
mot expre duIn. the penods OF TIER ors,lsI a. H.
Tae Dreceten, OF the several appointments u ~ 49,
| Nais.u on strictly political 9foUA9s a. L. r.aouie
! universal usage OF party, sancnoned y .e 80 ~
would al least justify The PS.ncal 20 o., nIaces
and thrce successyely eLec 90 ~ -ni,tIcsI
r. 49, r,s.or1ties 20 select one OF Is o@n -, W To-
| ~ - 80 al H. row vacant Office Of 'h.' VI ~
,i-sL41 " - remark,,le anomaly wouta Oe Pre-
| e'.ot q 4, rarty IN power should piouose Ps.S,as
| crnonsn, 10 A vacant Office ana pa pa, se.,,oo rms
| ~, own possessing supe.'. - 1r,srd. moro "a
- ~ \ Do cal pr1ScriPil'" " "F' 'N "