The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-20
Restoration og the Old Police Force

MEMORIAL or rHE METROPOLITAN POLICE CoMMIs
sioNEhs TO THE LEGIsLArURE, ASKING THE ALTE-
BATON OF TIKI rOLICE LAW so AS TO ADMIT OF
! THE kE IssTArEAENT OF PART OF THE OLD FORCE.
The undersigned Comm ssioners of the Metro politan
foce OF the state of New York. beg leave respectfully 10
state 70 your honorable bodies that by the 18th section Of
e ac' ehttied ian act to establish Metropolitan Police
District and 10 provide for the thereof" pass
e. Aiti TO- 1907, provided that "no person who shall
nave Deer removed nom the police force esta blshed by
this act shall be appointed board OF Police TO any
once 70 the SAID rohce force BY the 32d Of the
act referred to the police in the cities of New York and
Brooklyn, Officer and parolmen, to continu e TO do
duty unccr the existing laws until srst meeting
OF the Board OF Police, when they hold office aud
duty under the provisions the then and ~
members Of The police force Oh the Metropolitan Police Dis
ct" The 9Th provided that each nerson
shall hold office only during such time as he shall faith
fully observe and execute all the rules and regulations Of
the Board of Police
The rst meeting Of the Board was held on the 2sd OF
April and on the 25h Of that month rules and regulations
tor the government of the torce adopted and pro-
mugated The members OF the police thenceiorth be-
subject 10 the orders Of the Commissioners and
liable TO the penalties provided by the act for the
because o. the confident assertions Of many persons who
opposed to the law that the courts would declare
unconstitutional, the Commissioners sefraned from
iesung any orders to the force until AFTER the Su
pceme Court had decided II 70 be valid in all its
parts The COMMISSIONER then entered upon the
discharge Of the duties cOnhded TO them and assumed
the the police the cities Of New York and
Brooklyn The Captains OF Police were ordered to make
their oay returns 70 the General SUPERINTENDENT and 10
in the city of New York, refused obedience and they
tried fer INSTRUMENTATION and dismissed from the
service. Other officers detailed to take command OF
the patrouen. but of about twelve hundred men, who
constituted the patrol force in the city OF New York. only
three hundred fifty obey ed the orders Of the Commits
sioners The remainder withdrew and became members
of organ zaon called the Day and Night WATCH Of
which the MAY or Ct New York the cad They were
tried by the Board Of Police aud adudged TO be dismissed
from the Metropolitan force The duty Of the
Board thus 70 proceed obvious and Imperative
yea IL cannot be questioned that the refusal
Of these to obey the orders issued to
them consequent upon the belief instilled into
them by theiI superior officers in the Day and Night
Watch" that the law establishing the Metropolitan Police
wout be declared void and because of the threat of dis
missai from empy if they recognized the authority
Of the Board Of Police That these the causes of
their cisobedence, and that 1t not from spirit OF in
differentiation by the fact that large numbers
applied appolL Immediately after the police
had declared valid by the Court of Appeals
Therefore the undersigned pray respectfully that the 18th
section Of the act entitled act 10 esabha Metropolitan
Police District may tie amended ~ TO place on the
footing with other applicants such members Of the
ola DISMISSED from the Metropolitan Police
prior 10 July 8, 1851
DANIEL +. TlEMANN, j. s. 7. SrRANAHAN.
SAMUEL :. POWELL, PEIErIAd PERT
JAMES w. NYE, JACOB CHOLWEll.
JAMES BOWEN.