Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1852-06-23
LOCAL INTELLIGENCE.
CITY COUNCIL.

on the 14tb inst. was unanimously adopted, and
ordered to be published;
+. The committee of police respectfully report
that they have received paper signed by the
Mavor, which is herewith presented. Ii THIS
paper had been simply what the Council request
& ed by the second of its resolutions adopted on the
q 10th of MAY, 1859, to witt detailed statement
of what was done by the Mayor. or by others, on
the NIGHT of the 9TH of that month"; at or near the
Governor,s house. we should have little to do on
this OCCASION But in responding to the request
contained in those resolution, Unanimously adopt
s ed by the Council, and approved in large meet
ing of citizens,) it has pleased the Mayor to ex-
press, in regard to his relation to the Council,
views which appear to us to be alike erroneous
and uncalled for. Those views he has seen fit to
publish: and if allowed to pass without COM
ment, the example of the Mayor may operate
badly upon officers of the city elected by the peo-
pie. We propose, therefore, to indicate the posi-
ton which, in our judgment, the Council occupies
and should maintain
The Council, by the 33d section of the charter,
.'nay adopt measures to suppress RIOTS and by
the 54th chapter of the Code, has, under the 18th
section thereof, a general power to protect the
property of the town, and its Inhabitants, and
preserve peace and good order therein.
Under the same 18th section, it may keep a
town guard and though the Captain of the Night
Watch is elected by the voters, yet, under the
sgd section of the charter, the Council may pre-
scribe his duties and compensation, and remove
him from office for misconduct neglect of Off
g. cial DUTY 1t may under the same section, and
under the 18th section of the 54th chapter of
the Code, appoint other officers, define their
powers and prescribe their duties and compensa-
ton.
Under the 18th section of the same chapter,
the Mayor is to exercise such control over the Of
ficers of the town, other than the Recorder and
Aldermen as may be prescribed by the ordinances
of the town.
The ordinance of the 2sth of November 1850,
concerning the police ofthe city, prescribes what
control may be exercised over the police by the
Mayor Under this ordinance he may direct the
number of watchmen to be allotted any night to
any district; he may prescribe rules for the en-
ploymentof the six watehm an not allotted to
particular district; he his general superinten-
dence and control over the police; and he is from
time to time to make report to the Council of the
state of police with such suggestions for its i'm
provement as he may see fit There having been
no report containing such suggestions, we have
right to suppose the Mayor had none to make
which he deemed worth reporting.
The ordinance as passedby the Council making
it the duty of the whole OF the police to endea-
vor to preserve the good order and police of the
city, and secure its inhabitants from personal vio-
lence, and their property from loss or injury, and
that ordinance giving to the Mayor general SUI
perintendence and control over the police, we
think that such tumutuous assembage as oc-
CURED on the night of the 9TH ult at or near the
Governors house, furnished very suitable occa-
sion for written communication from the Mayor
to the Council giving detailed statement of what
occurred there on that night-such Il statement as
the Council might publish for general informa-
ton. As, however, when the Council met, it had
not the benefit of any such communication, and
yet desired to be accurately informed as to what
had occurred and the manner in which the duties
of the Mayor were performed on he occasion, we
do not see what better or less exceptionabe mode
it could have taken for obtaining such information
than to pass the resolution which il did, request
ing from the Mayor such detailed statement as it
desired
We consider this request of the Council as an
exercise eff no more than its rightful power, and
compliance with it on the Mayors part, as the
performance only of his duty. Yet the Mayor,
instead Of simply complying with it has taken
upon himself to say that he regards himself no
further responsible to the Council in his official
capacity than he holds himself to be to any other
number ofrespectable citizens of the town.
We are surprised at such position being taken
blythe Mayor He should have remembered that
the Council has powers which other respectable
the citizens have not; and that for carrying into
effect its powers it may make ordinancesand by
laws consistent with the laws of the State, and
prescribe fines or other punishment for violations
thereof He should have borne in mind hat the
Council is empowered to grant compensation to
, the Mayor that by the very ordinance which
regulates his control the police such COM
pensatlon has been granted; and that the same
power which has granted this compensation may
repeal or suspend the grant.
Passing from the views of the Mayor, as t. his
relation to the Council, (Which seem to cal for
some resolution such shall recommendIwe
N icato but nolca t1,o
deem it material to remark upon.
w lille we have no doubt he entertained the
belief expressed by him. that at one time tfpre
were four or five hundred persons in the yard We
have information from others that the number vas
much smaller.
Whether no the assembage was terminasd
as promptly as it should have been, is questDn
about which there is still room for difference Il
opinion. At the same time we are ready to COZ
eede that the Mayor acted at the time as seeme1
to him under the circumsta noes to be best
Hels mistaken in supposing that under the
law OF the State, relating to riots, he was "irs
toca ON the rioters to arrest themselves" his duty
was, ''in the name of the law,' to command them
to dispense" and if they did not thereupon inn
medately and peaceably dispense, thon he was
to command assistance. Lfany white person pre-
sent, on being required to give his assistance or
depart, failed to obey, then and not until then
was he to be deemed rioter.
The position which the Mayor seems to take
that under the terms of the ordinance concern
ing the police, the police force was not within
his control, it might be proper to examine were
not for the fact that before and during and after
the assemblage, he appeared to have exercised
such control over it as he saw fit.
1t Is hardly necessary to state that something
more than city police is embraced in the term Of
civil power. When the Mayor tells us that he
succeeded in dispensing the whole assemblage by
his personal eXertions alone we think he must ac-
know ledna that the Council wv 90 :, a.:.al -.