The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-02-16
Baltimore, February 4. 1860
MAYORS OFFICE, CITY HALL,

BALTIMORE, Feb 4, 1860 {
To Messrs c. D. Hnks, John W Davis, Charles How
ard and William. H. GatcheU.
GENTLEMEN-l have the honor to acknowledge the
receipt of your letter of this date informing that the
General Assembly, propose by recent Act of the Com
missoners hold their first meeting the purpose of
organization Monday next the 9th inst IL o'clock
in the office recently occupied by the late John Nelson
Esq., and inviting meas of the Commissioners to
tend By reference to the proceedings of the City Coun
cil of the 3rd inst you will see in official communi-
cation addressed by to that body that advised by
competent council that the Act to which you alude is
unconstitutional.
The people the city of Baltimore have clothed me
with certain powers under their existing charter These
powers have right, their representative,
promise surrender with their consent or until
the legal position in which stand shall have been
ly defined.
involving principles so important to this community,
deem but proper that while feel bound jus
tce to the city of Baltimore seek in the full
expression OF opinion in regard to the of the Leg
sire for unnecessary DELAY The whole subject having
been referred to counsel will be bring
the questions involved before the proper tribunals and
in the event OF decision adverse to the opinion have
expressed, and to the claims of this CITY, it will be my
duty to yield prompt submission to the law, whatev
it may be.
thank you, gentlemen for the courteous manner in
which you have addressed and regret that it will
be in my power to attend the meeting of your Board
nave the honor to be- with great respect ohedent
servant,
[Signedl THOMAS SWAMI Mayor
will add that it my sincere desire that the questions
at issue shall be brought fair speedy and final
sion This is well known to the counsel retained
half of the city and they will am satisfied afford every
facility for obtaining such decision.
[Signed THOMAS SWAMI, Mayor.
Mr.. Benjamin ". Herring, Marshal of Police:
SIR-Ihe Board of Police Commissioners appointed by
entered upon the discharge of the assigned them
BY the 18th section of the said made our duty to
inform you that we require your attendance and
obedience to the orders of the Board which attendance
and obedience the act provides you shall be bound give
under the penalty therein prescribed 1t also provides
that the whole present existing police force the city
Baltimore, both officers and men, shall pass under
our exclusive management and control-and shall be
henceorth subject to other control and shall be enti
tied to receive neither orders pay Except such
rearages as now due) from any other authority The
Board will meet to morrow TUESDAY, the 7h instant
at II O'Clock, NJ, in the office recently occupied by the
late John Nelson Esq, No 38 St Paul street. which
place you are hereby required to give your attendance
Until the Board shall otherwise direct
will continue to be governed by all the existing rules and
regulations which have been adopted prescribed by
under the authority Of the Mayor City Council
| Baltimore Respectfully,
CHARLES HOWARD,
WM. H. GATcHELL;
CHAs. D. HINKs,
JOHN W. DAVIS.
similar letter addressed to Deputy Mar
shall Manly, and the following is the response.
Police Department, Marshars Office, /
Baltimore, Feb. 7, 1860
GENTLEMEN-Consideringo ourselves as under the au-
thorty of the Mayor and City Council, respectfully
decline responding to the delivered to
your communication of yesterday. We have the honor
to be, with great respect your obedient servants.
BENZ. C. HERRING,
Marshal of Police.
STEPHEN H. MANLY,
Deputy Marshal of Police.
To Messrs. Charles Howard, &c.
Charles HoD1rd, William H. Gdtchell Charles D. Kinks
and John ". Davis, ESquires
GENTLEMEN: The Mayor of the city of Baltimore has
shown to us communication addressed by you him,
in his official capacity inviting him you as the
Commissioners named in the bill recently passed by the
Legislature for the organization of Police Board for
said city, and has communicated to us the substance of
his reply.
Having been consulted nse retained in this be-
half the of the city, by his Honor the Mayor
to the constuonality of the BILL and having concurred
in expressing to him decided opinion the bill
Institutional and void; have, at his instance made
arrangements to test by apt proceedings the validity
the Act 1t is not only his wish, but satisfied
it is your DESIRE that the question shall be decided
early possible. The public good requires that
pOrant matter should be authoritavely settled in the
only in which possibly be decided by the Ju-
sci for the city, respectfully make known to you that
ed in the issue immediate test and further
spectfuly signify that will meet such counsel you
have retained, deem it advisabe retain
any time that may be indicated nvenent the pur-
of arranging suitable form of proceedings
| may be deemed best, to secure early decision.
We further state that shall decline this overture
you will oblige by sgnifyng, early practicable
| your determination in this respect.
| Very respectfully &C.,
| Signed j. MEREDITH,
| VIM. ScHLEY,
| THos. S. ALEXANDER,
| WM PRICE
| BALTIMORE February G 1860