The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-20

by Daniel D. Harrignn-
Charge-InsnbO' dnation.
May l6,h. inst declared In the presence of the members
Of tho Police D pament of the Fifth district part OF
hem thai hereafter he would rot recognizes the authority
of Mayor Wood the old Commissioners, meaning there
by the Recorder and City Judge, but that he woad rccog
~ me auhoihy OF the new Commissioners OF tho so
called Metropolitan District Police, and that he woad re-
qure the policemen to strictly comply their rules and
regulations thereby creating characterization in the Police
You viii appear for trial at the Office of the Commits
sopers Of Police Mayors office on Monday MAY 49, inst,
Clerk IN the Comm. s,oners Of Police
hereby charge the said second lieutenant Daniel D
Horrgsn with insubordinston, in making fal.e charge
aeant me- his superior officer while In tho lawful DIS
charge of my duty, and endeavoring to create revolt
among the members OF my uani against the laws Of
the State OF New York. DANIEL CARPENTER,
Captain Fnh district.
The following letter or Mr. Draper which had been dis
cussed ard draugbod at the Of the Board the pre-
Gus afternoon, was rnai Bousy al opted duly sent
70 the Mayor
REPLY or THE COMMISSIONS TO MAYOR WOOD.
orncE METROPOLITAN POLICE COMMISSIONERS
NEW YosK, May ~, 1857.
sRI recognize ysur letter Of tho 10th inst and have
submitted II - the consideration OF The Board Of Police
Commissioners who direct 10 reply respectfully ths,
they themselves the power 10 agree 10
suspend the operation of the public Law, the end that
shy onios constitutional questions may In the meantime
DC you pIoose DC e a ene peace and security
any lawful protection.
Fortunately for our citizens although tho powers ves,ea
important yet they no. supreme, DOR quito abso-
le having until noH been Regarded a. Subordinate
hegssuVe pm constitutional power Of the state While
hegr,e cannot assume power which We do not pos
less Ia suspend resist OF abrogste the public law You
propose 70 U.S. We cannot without cupaoe oerecton Of
duty We have sworn 10 perform. recognize any power
vssted in you either 70 propose or 70 enter into such
COMPACT
In oteyug the laws, VIC seek their authority FOR the
exercise Of every power which assume repadla
every which this test will not justify. The capricous
viii Of deapo the law OF yrants 20 which follow
citizens vet not much accustomed.
Tho achievement which you inform us that you have
oneo by the legislative and executive departments Of the
state, and which IN your superior wisdom you "hrmy
believe is law - on the road TO speedy disposition
in the Court Of appeals" (Which hope not intended
10 imply the exercise or an improper influence on your
part over It's proceedings and progrcs.l L worthy OF
will be argued month IN that court and Hnal de-
csion had, is destitute Of dslicacy as 1t Ia aso or
Into n compac h this Board, 10 suspend and prevent
execution of public law, and to prolong the exercise
of Your patronage and powers without law, bccae
YOU "armly believe taat the act OF the Iagisa-
tuTe s not law thus setting up your single be.
STATE ard leaving the safety Of our city and czons 10 de-
pend upon your "beef'' 10 what Is or Il not Law
every citizen aud every administrative officer should fol-
low and adopt example, and undertake TO determine
What laws arc constitutional and whs, he would obey
execute or defy, needs oracle 10 tell tina. our
city would be IN state OF confusion, II oonnss alton
and yet eycry citizen administrative officer has the
right to resist which you calm "a have merely by
constituting himself ga rover In tho sasc aud cit iug In
Judgment upon tho eonsd,utoualiiy Of ''aws1 Of hc
principles and construction Of which he s profoundly igno
/ rant
wisnom ard attachments n constitutional awgiver nor
u make any invicous companions between that wisdom
Rsd those altabnSnts which have resulted from your
experience in municipal sta,esmaaship aud The wisdom
coe ctcd in The two houses 81 the Legislature and tbs
ecutive Of the State; but you will think,
from being guided by hin the execution Of the aws,
vel ~ u the discharge OF the duties plainly Incumbent
| upsn us by those laws.
You are mscd by commendsblc real to defend your
self when.you Assume thai tiia Board deem II prudent
70 anticipate the decision which you have placed its
road by active movements avanst The present admin
ls,raon Of tho Police department" bnosso II " tue
which sou With M 10 cslsprc syanst With you n sus
pend (witbout ary power IN either q us) which acts
stsady against your sssa,tios ovsr tba, alton
We have n, and DO not propose 70 act against The ad
mlnsuahon q that department but on inc contrary a.
agreeable duty OF coniurrnr upon that organization the
power and sbicd Of protection Which We are authorized 10
confer, and should have derived peculiar
nyou, rJscso member Of our Board had unted
with In the act, instead Of preventing yoursslcto The
cTe power Of The state fns bal example has ALREADY
had influence onorrh " bring forward somo silly imtor
DO, recent Appearances Indicate thai hey are already
ashamed Of their position. THIS Beard, therefore, hote
that upon more cool consideration, with due regard 10
the dignity o tho station you occury you v,l submit "
tho law Ike all ether good citizens giving the glory aud
benefit OF your go aid and experience 10 carry into
erect ~ provisions, unit, the courts IN yol stead shall
folemnly pronounce them 90 be unconstitutional.
This Beard concnr entirely with you In Geprccatng q
conflict Of power hetwrcn thernacfves the Of
the nw and vourscif as Mayor of this metropolis and
they cannot believe that you win FAR disregard your
obligations 70 obey the law OF our country n 70 ss them
at defiance by your own authority and substitute the rule
" your w without sw. The effort " iustfv such a
defiance BY the Instructions q the Oommcu Council, will
not SURPRISE any one, since unlawful rcsh'alcc TO The laws
algayH under the scnblance q sons antho
fhy. We reed refer yon the historic examples q
! this which recently familiar.
The Beard are profoundly Impressed with q scnse oi
their obligations io yea, for yuur generous ciDrN 20 In
frgct TEEN IN their and complex duties, By the gh'
OF your varied experience, for the next two months an
they will gladly avail rcuscve vi the advantage 20 liner
ally offered TO tbe n n you will oonscn, n do 10 prac
teal ineiead OF ,beofcuc way. by coming Yourself
orfcio iao Bard Of s members, IN conformity
with the law; whore look you and duties In the
aco n the Nnmc Time, aud perform them under your FRO
,rc;inn and niunncc We satisfied that the conndencr
Of our follow citzens w tho security of the deparincn
soud pus be Increased, aid the exercise u authority
| avoided.
To ftuNAspc Won, isq.. Mayor, &C.. New YORK.
will sugees tseif NJ b. The reader Of his dcru
ment, that the municipal and constitutional rights c
CITY, such o. New York. 10 be made Tire cay unga
70 be put on and put or rapidly black republican 10
gsaiion at Albany shalt dictate, then mus, r~epare
TO have new constitution and n new csutess OF ~
ture The and complicated ,n,osests Of this huge
commercial metropolis 70 he eoarded and shaken by
each nucuaton OF The political factions OF ue STAT AM
he gresser or less rssciy aud occhunger % par
uctlar clique q dernsTorues which shal ,e the NONE n,
happen 10 have bean successful There " no .aiso,ay
afnnst THE bot safe con grip established In.
sttuicn until The higher and authority of the ~.
dietary shall have passed upon such measures II v laa,
growing 10 be scceIted axiom In government that Il a
altogether inexreent 70 put any important into haty
operation until the Judiciary shall have determined its
have 70 be exactod in al new laws, q special preamble
| THE ROLL CALL AT rHx rrrrH wARp POLICE
| STATION.
Some anticipation WA entertained that difficulty would
be had the down roll call Al the Nith yard Stallion
Il 70 IA n, -