New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-06-18

two bodies each claiming to be police officers Of the
city, and each claiming powers to protect the hVeS
liberty and property Of citizens. Such an act against
the Chief Magistrate Of this city, and at such hme'
say if il does not receive it deserves Impeachment
au act which was done with the design TO incite not,
and which had the effect that was designed by us iu-
thors, ard which not fatal because FERNANDO
Wood and those under his direction were moderate.
and were determined that the laws should be exc
cuted and that no violence should be employed.
On the other point, however desire 10 hear what
NAV be said on the other side before arguing and
now merely propose to state the law as we under
stand il. II Fernando Wood has committed crime,
he IT, ike every other citizen, liable 10 arrest and be
would az quickly and submissively respond to tue
law as any other citizen, but as Chief Magistrate Of
th. city, in the discharge Of his duty which is ad
mitted in the papers, that whatever he has done he
ha. done Chief Magi strate, say that he is
empt from arrest He is not only exempt from arrest
on the warrant issued by Recorder Smith your
Honor for all his act Mayor, but he is exempt from
presentmeut or indictment by the Grand Jury. If he
acts wrongly in his official position, what is the pen
atty? That penalty is not petty larceny war
rant, issued by petty larceny magistrate, but
it is the right to appeal to the power
that can supervise his proceedings to appeal TO the
franchisethe people who give him the power to exer
cse in their name. Knight appeal to prove the facts
state to every charter that has ever been granted
to this city by king or by republic; but will only a.
lude to that charter that Struggled through that
Legislature, which will be infamous in the records
Of infamy as the celebrated Rump Parliament in the
tine of CromweI-be Legislature Of 1857. say will
refer to that charter to show that the Mayor is exempt
from arrest and indictment for any act that
he does by virtue Of his official position. |
refer to section 40, as follows;
1.-THE Grand Jury Of the county present any officer other
than Mayo o1n.e % he b ,r f oo
who personally cognizant of the facts they
opportunity TO appear before said Grand Jury person
in expa alton thereof This Pre'enment may charge such
sion Of any fhcsl act prohibited by law"
The Mayer, therefore, cannot be presented by the
Grand Jury for any official misconduct. 1t is admit
ted by the demurrer and the answer was that what
ever he did was done by him as Mayor, in the dis
charge of his duty Mayor and not otherwise. But
il may be said this is different case-that the Re-
corder has sent his warrant for him. But what is the
use Of warrant if it is not to hold the Mayor to bail,
that the charge may be sent before the Grand Jury,
and a pre.entment means all indictment.
Mr.. ield-Suppose the Mayor should choose to or
der man to be shot down in the street
Mr. Dean-If he did so in the discharge Of his duty
a. Mayor he could not be indicted for it, That is one
of those things that Mayor may be called upon to do
in the exercise Of sound discretion If he abuses that
discretion he must be removed from Office.
Mr.. Field-And he cannot be punished!
Mr.. Dean-Hc must be removed from his office.
That is the first thing to be done. Now if your Honor
peases this question is ore in which neither Fernando
Wood nor all the persons who connected with his
affairs are the principal persons Interested. 1t is
question which concerns the social order of this city
and every city in this republica question whether,
when public officer discharges his duty, he must be
subject to arrest and personal examination on the state
ment of somebody else that that Chief Magistrate has
ordered him to commit an act. | aware that there
il one precedent and one only for such proceeding
that was the fine Of 81 600 imposed upon Gen. Jack
son for refusing to obey the summons of Court and
an proud TO say that that fine was restored to him
years after with interest That case, however, remained
without parallel from 1915 to 1851, when under the
benefcent rule of the new Charter and two Police
powers we find that Mayor in the discharge of his
duty to be arrested and brought between two
files of policemen TO answer for what Not for felony
not for crime but because some certain persons VINO
said that Mr. COnOver not entitled to the office OF
Street Commissioner, and that somebody else was and
said that the Mayor told them so, and because Mr.
Conover got his neck hurt have known men to get
hurt who were not able to sue afterward.
At the close of his remarks Mr.. Hall asked Mr..
Dean for the authorities he intended TO cite Mr..
Dean said that in addition TO the 49th section of the
Charter, which he had read, he should only cite the
third subdivision of the 18th section which prescrbes
as one of the duties of the Mayor to be vigant and
"actve in causing the ordinances Of the city to be
"duy executed and enforced
Mr. Hall, in behalf of the people, then proceeded to
reply to the argument of Mr.. Dean in able argu-
ment, in which he reviewed the various points there
taken. lie spoke substantially as follows: IL your
Honor please it might crafty TO follow the learned
gentleman who has taken his seat in his remarks out
side of the case and it might crafty my vanity to
temporze upon this occasion in reply to the very many
considerations which he has thrown out and to follow
him in behalf of your coordinate and your associate,
who has been so invidiousy spoken of before you.
Now Sir il will be necessary at the outset if your
Honors appreciation has not already recthed the mis-
take ef my learned friend to set you right, and to set
him right. One of the errors into which my learned
friend has fallen is this: There is in this COM
mitment-there has been examination of witnesses,
no final commitment, and not a temporary com
mitment and there has not been a jurisdiction over
the person acquired by the magistrate who issued the
warrant. The magistrate acquires jurisdiction
until the prisoner is brought before him. He is sim
ply held upon warrant of arrest, and your writ has
intercepted the proceedings upon that warrant, and
you are called to pass upon that alone. My friend
ha. fallen into gross when he supposes that by
the law and especially by the law as declared by the
Supreme Court of this District it is necessary
that an affidavit any writing should precede
the warrant of magistrate for any ofiense.
Two cases may arise where magistrate may act with
ont Affidavit or sMnrn cnnnlant First the magistrate