New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-05-20
THE POLICE.

| a.
bers except Mr.. Stranahan, who has been unable +
attend for several days account of sickness.
Mr.. Draper stated that after considerable search h
had engaged the three-story dwelling house No. s
, White street between Broadway and Elm street Z,
lie occupied as an Office by the Commissioners an,
Superintendent The meetings of the Board will prob
ably begin to be held there tomorrow.
,, communication was received from the Board O
su,>ervistrs Of the County of Hew-York inclosing
conv If the resolutions adopted by that b,dy on Mon
ssv evening allowing five ps,rolrnen to the Metropolis
tan Police District and no more. 1t was considered
that this act o. the Supervisors is distinct recognition
| Of the legal e1is fence Of the new Board.
Daniel ID. Horn,yan, David S. Files, and Henry
Fx,ns were charged with nsubordnstiOn in refusing
70 obey the orders of tbe Board and viii undergo a
trial before the Commits toner's on such charge next
Friday. Deputy Matsel VII be tried this morning at
10 O'Clock.
A communication, which we give below, in ,nswer
to Mayor Woods letter of the 1914, addressed 70 the
Commissioner was prepared by direction Of the
Board and ordered to be sent to ats Honor; it vas
yesterday served on the Mayor at his Office by tie
Chief Clerk pro tenn, Mr.. BrevOort
Captain Carpenter made his usual da return to the
superintendent again, instead of to Depuy Matsel
the new rules reeaire.
Applications to do patrol duty are now constantly
made to the Superintendent, and several psSotc citi
zeps have offered 10 serve without pay until ueh time
as the Commissioner, may b. constitutionaty estab-
lishcd.
Replv 10 ne Mayors letter.
OFFICE MBTRoPoLTrAS POLICE CoNAIssIos FRS, I
NEwYoRK, May ~, 1857.
SIR: recognize your letter OF the 10th instant and
have submitted it to the consideration of the Bcard
D..i,o Cons ,n;s.in VIII rect IN
respectfully that they cana0. assume TO themselves the
power TO agree 10 suspend the application OF he
public law to the end that airy captions constitutional
Question. may in the meantime be- ltgated, as yen
nropose because the peace and security of fellow
citizens would be jeoparded snd without any iawftf
protection. ~ -
powers vested in the chief executive of this city are
a. numerous they important, yet they are not
supreme quite absolute, having until now been
regarded subordinate tn the Legislative and constta-
tional power OF the State.
While, therefore cannot assueae a power which
we do not possess to suspend RESIST or abrogaie the
public law, you propose TO u.s. we cannot without
culpabl dereliction of the duty We have sworn To
perform recognize any power vested IN you, either to
propose or to enter into such cOmpect In Obeylng
The laws we seek their authority for the exercise
of every power which we assume aud epudiate every
act which this test will not Justify. The capricious
will of despotsm il the law of yrants TO which our
fellow citizens are not yet accustomed
The achievement which you inerI, Us that you
law sanctioned by the Legislative and Executive de-
partments of the State. and which, ID Hour superior
wisdom YOU firmly bciicre as pOS i3T, on me r0dd
"fo n srs,edU disposition M The COnTf az Appeals, Ii
worthy of historic considerations but Ycar assunp-
tiu that the case will be argued next month IN that
Cou.. aud final decision had which We hope, Is
not intended to imply the exercise OF an improper IN
fuerce on your part over It's proceedings and prog
ress j. ~ destitute Of decscy it is also % power.
II is uron this ground that YOU desire 10 enter into
compact with this Board TO suspend and ,Tevent the
execution Of public law and proong the exercise oil
your patronage and powers without any la" because
Won Eynlz bclittc that The act Of the Legislature IS
net loir thus setting up your simple belief IN oppo-
sition 10 that of the legislative wisdom OF The state
and leaving the safety Of city and oSzans To
dnerd upon beliefs TO what Is o - not law.
II every citizen and every administrative officer
should follow and adopt your example and undertake
20 detern inc what laws are corstituuoual, anu What
lac vould obey execute OF Defy il needs no oracle to
el Us that our city would be in state of public con-
fusion if rot confagraton; aud yet every citizen and
administrative officer has the same righ1 10 resist
wh;cb won claim 10 have, merely by constituting him.
self " = mower in the state and sitting IN judgment
upon TIE con-titutionay of laws of the principles and
construction of which he Is profoundly ignorant This
Boa,d do not mean however, to question your own
uisdou and attachments constitutional lawgver,
nor TO make any inyidiOus comparisons between that
wisdom and those attainments when nave resulted
from your experience In municlpa IateSmaShip anu
m. wisdom collected in the two Houses OF the Legls-
,ture end the Executive of the State but YOU VIII,
we think. excuse us from being guided byi in the ex-
ecuon Of the laws well "a Ill the discharge o the
duties plainly incumbent upon Us by those laws
You are nisled by a cOmmendable zeal 10 deiend
vourseIf whom YOU assume that this Board deem II
prudent 10 anticipate the decision which you nave
Z nlaced ON its Dad" "by active movements against
~ be present administration OF the follce depart
0ment because il is the law which yen WISH us 10
consnire against with you to suspend without any
power in either of us, which acts steaoy you
a,-umptiops over that admnlsti alton. we nave NOT
and DO not propose to act against the administration
81 u, dor
our action has extended, we have performer INC
able duty of comforting upon that ORGANIZATION rue
shield Of protection which we are aunoI'~ee g
and we should have derived peculiar Satisfaction
voU o. an eX-ofIico member of Our Board, hsu uued
with MS in the act instead of presenting yourself 10 ns
world in hostile attitude against the Legislature 'Nu
Executive VI the state. ,,1 ;ao0o. oro,,oh
TO bring forward some silly mitators, but recent eP
uesrauces indicate that they are aiready "'aieu Va
their uoston This Board therefore hOp9 -hi' upoh
more cool consideration, with que IeYn.u ~ t5
pity of the station YOU occupy, you WIZ SuD.A' W
law Eke oil other good citizens, giving the 5lVy anu
brncf; Of your e16flcio aid and experience 10 caia
into effect il provisions, until the So'Is II ~.
b.u solennlv pronounce them 70 be unconsuturiona.
III RoarJ crnrcur eftrely with you IN Ceprecathg
conflict 81 power between Themselves az tie seH
If the law and Yourself as Mayor OF thIs
ard they cannot believe thai you W" ~ .r,, a. ~
your nbpations to obey the laws oil our CUM q" 90
-, ,Lr ~ de6arce by your own mere Gutorlyi 1un
substitute The rule Of your own VIII Nl'io- a" -,
effort justify such defiance BY the n,,lu .ncs u o.
the Common Council viii surprise any under
f S .e,SaTca Of some authority We need not refer
o 81 M ,oyc example, OF this which are recently
iemiliar. :, ..3 With a sense of
Inc bGaIu are Gov vou generous oers to instruct
ber i; ,b;y new and complex duties by the ign. o
Taed experience next Two no T s%Taaa spa
they viii gladly avail se ysa 81 vii me to DO
- n "A "
IN Rs es co ' into sod one Of is ms saE
her in copfonify with the law whefe we Gan oDd