The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-18

kEOOm0uNUATxONo To DErRTvE POLLOK JUSxTCN
AND ALDERMEN or THE POwHR TO DISMISS PRaso-
NHR6 BETWEEN SUNSET AND sUNRrsE-rO n
UDURsg THE COMMISSIONERS FOE Law EXPRs0mB
AND TO ALLOW THE Rx-APronrxxNr or ra1
OLD P0LIoE DIsa0ssnD PREVIOUS TO TIKI FissF -
JULY LAST.
The following is the report OF the Metropolitan Ps&cs
Commissioners, 70 the Governor. and transmitted by ~
70 the Legislature
Ovros on TIKI COMMISSIONERS or rm
METROPOLITAN Pouox,
- Nrw YoxK, Dec. IL, 1861
To HIS ExouLxSor JOHN A. Kmc, GovKRSoR oT THE srAm
Sn-Tne Board OF Police, in conformity With the $40
section Of the act entitled San Act TO Establish a Metrops.
Titan Police District" and TO provide FOR the governue8
thereof, passed April Is, 1851, respectfully
REPORT:
Tho Commissioners held their first meeting on the ~
day Of April last, and the Board was organized on that day
by the appointment Of Simeon Draper, OF New york.. -
President, and James Bowen, Of westchester county. -
Mayors of the cities Of New York and Brooklyn, who ee
members, ca Qfcio, OF the Board. but neither ATTENDED
The Commissioners proceeded in the discharge Of thsr
duties 70 appoint q General Super,nteudent a fonoe'
They rendered the ONCE successfully to George n. MA
sell, James r. Whiting, Joseph Keene and Welcome
Beebe, who declined the appointment. On the 18th My
Frederick A. ~Talimadgs was elected 70 the od1ce oy tns
s scsn tRe cSlo G5 Of the I loo local D police Of The cities Of New Yorx
and Brooklyn were made Deputy Superintendents. -
me- ast na,1 LAY h. IN ps srNsriS.su 81 : 5 %ssssii %as l dar.osos
Quarantine from the t~hreatened attack Of incondiaries.
No W OUOy u VIucIy ~ WsS ShoA NV
from office for INSTRUMENTATION; aud Daniel Carpenter, &
New YORK, was appointed in his place.
the cities or New York and Brooklyn should be embodied
In the Metropolitan force, and that the local authorities
meeting Of the Board Of Commissioners. Il had been 70
confidently asserted BY the oppouent20 the act. thsk 0e
Court would declare il unoonstitutiod that doubts wire
infused into the minds OF the New y force as 70 ~
lawfulness OF obeying the orders OF the Commissioners.
Under these circumstances, and in view of the fact tA9
it was a question Of vital Importance 70 the ~policemeo, tho
TOArd Pefrain0d from a6sumiu the control oil me t0rOo
ulil the validity Of the law was jsdiciauy determined.
Court 0n 1 EARNED ae q The n ccsu,st. usSSs Atty Sse, Of The act. ana On do
25th Of that month the Supreme Court, ats General Term,
declared il valid and binding in all its parh-
On the rendition OF this decision the Commissioners ~
sumed the direct control Of the police force. Thai por-
ton on duty in the city of Brooklyn, with but few exoee-
tons, obeyed the orders OF the Board. OF the New York
force, fifteen Of the captains and about eight hundred a
the patrolmep refused to recognise the authority OF N
Commissioners or obey the orders Of the General super.
against Them, and they were tried and dismissed IRON tie
service, in conformity with the provisions flaw.
The Commissioners proceeded to ill the vacancies THIS
created. But they were arrested In their action BY ue
resignation of Simeon Diaper. which left the Roard eqsa-
ly divided in respect to appointments to Office.
On the 7th OF November Pelatiah Perit, OF New Yor6,
was selected a Commissioner in place Of Mr.. Draper: Sosa
thereafter the Board was enieined from making further
appointments by Judge Davies, OF the Supreme Cosrt, -
the allegation that the dismissal of the old force was 4
legal. The injunction was dissolved on the 18th Of Ne
vember: but the opinion of the Judge who delivered The
order Of dismissal, in respect to questions which had ma
been argued before him, admonished the Commissioners
of the eXpedienCy OF delaying 70 NIL the vacancies In tno
force until the rights and duties OF the Board were finally
determined by q judicial decision.
Some parts Of the Metropolitan Police district have bees
seriously disturbed by riotous assemblages, and the uecas-
sity Of a vigilant police, extending over the denseiy pcpu-
lated counties adjacent TO and including the city OF New
York, has been ~striking,y illustrated during the past sum
mer. Immediately after the Commissioners assumed ths
duties which had been condded to them, they were re-
CURED to protect the public hospitals at Quarantine SOC.
policemen 70 Seguine's point on Staten Island, 70 guard Ne
buildings erected for hospital purposes by the Comns-
During the month Of June the Street Commissioner 4
the city Of New York died, and the vacancy in that odioe
Vas filed by the Governor. simultaneously the Mayor q
New York assumed the right to make the appointments,
and the conflict between the two claimants TO the onfcsso.
suited in q serious riot The force under the comma.z
OF the Commissioners was resisted in the discharge q
their duty by the Municipal policemen under the direc0sa
Of the Mayor. Turbulent mobs were assembled 10 pre-
vent the execution Of the orders OF the courts, and Ne
peace OF the city was only restored and order secured ~
a resort on The part of the Commissioner to the Ad q
On the 4h and 9th OF July the peace OF New York was
further disturbed by IiotoIs assemblages. when IL was
the militia to quell the disturbance.
During the month OF November, the apprehensioa r
sufferings by persons thrown out OF employment oy rea-
son Of the commercial reverses, led 70 the assembling II
turbulent mobs, who menaced the peace OF the city, but
they were dispersed without resort to extreme measures
under the command Of intelligent onacers, has been con
clusively shown during the last summer In the city a
New York. Too much praise cannot be bestowed on Goa
Sanford and the officers and men under his command, for
the alacrity with which they met the acquisitions q The
Commissioners, and the resolutc determination they
evinoed TO repress disorder and unlawful violence.
The ~dihculties and embarrassmcnts which have o6-
structed the Commissioners from the date OF their appoint
ment until the present time, have prevented the full do
velopement of the benefits contemplated by the LegtAa-
ture In the passage of the Law. The opponents OF tho sa
have rs.orted TO every srslace which their Ingenuity
| performance Of their duty. Suits ct Law, -
test the oousttutonality Of the act, were carried
force we're threatened with instant dismissal by us
local authorities, If they recognized the order OF the com
and nigh, watch, which pairolled the streets OF New York
and assumed the duties which devolvcd exclusively on ths
Metropolitan police. Prisoners taken by the latter, in The
very act OF committing crime, were rescued from custody
and permtted TO escape from justice by the unlawful or
gained force Of the corporate authorities; the states
houses, which by law were transferred TO the commits
sioners, were withheld; writs issued by the courts were
resisted, and were served when the police were seconded
by men under arms; and in order to destroy the efficiency
OF the law, the Corporation Of New York attempted 10 70
duce the patrol force 10 i've men.
But Notwithstanding these impcdiments, sufficient has
been accomplished 10 Indicate the wisdom OF the Iegtsla-
ture IN the passage OF the act Crime mas never before
been arrested with so much prompttude, nor has an o.
fence OF magnitude been committed IN New YORK o.
Brooklyn since the establishment OF the Metropolitan po-
lice, the perpetrators Of which have not been taken into
custody.
The provisions Of the act in respect 10 closing liquor
sbops on the days OF election, and ~forbidding the erectos
OF ticket booths within q hundred and fifty feet az the
polls, have had q salutury effect in preserving the peace
OF the cite. OF New York and Brooklyn. The State cleo
ton in November, and the local election in the city ofNev
York on the FIRST OF this month, were remarkable Tor IN
usual quiet, and for the facility with which electors
could approach the polls and deposit their votes.
The Commissioners desire TO direct your attention 10 q
very serious evil caused by the abuse OF the powers
lodged with the aldermen and magistrates OF the cities u
New York and Brooklyn. Il Is q frequent practice with
these officers to proceed 10 tee police stations Immediately
upon the arrest OF d~isorderly and riotous persons, and
discharge them from custody. Tho certainty OF imme.
date discharge inctes to outbreaks against the public
peace and dhscourages the police in the performance q
their duty. II u respectfully recommended that the Law
be so amended as 70 forbid. the discharge Of any prisoner
between sunset and sunrise.
The suits which were prosecuted against the Commn
sioners, TO test the ccnsttutiouaity Of the police act, REQ
dered the employment OF counsel necessary. But the
law forbids the pay ment OF expenses other than for the
purposes therein named. tits respectfully submitted that
provisions should be made by an amendment OF ths oct
for the payment Of legal expenses.
The section OF the police act which prevents the Oem
missioncrs from appointing any officer who has been dis
missed FOR cause, presses With great severity on many
neritorious officers OF the old force, who were restrained
from joining the present organization, solely by the Goa.
ndeni declarations Of thcyocal authorities that the act was