Evening star. [volume] (Washington, D.C.) 1854-1972, 1861-08-27

and take out the ballot but he thought vote of
this character could be changed before Il was an
nounced by the Chair. IL the Secretary should
make mistake, under such a rule there would
be no chance to rectify IL It was for that pur-
pose that the votes were read before announced
by the Chair.
The Chair stated that the precedent was against
the point Of order, but he believed IL well taken,
and but for that precedent would sustain It.
Mr.. Hitz.-ls the gentleman allowed to change
his votet
Mr.. Hitz-wer, sir, then I change my vote
from Mr.. Seaton to Mr.. Dove.
These changes made the vote, as announced
for w. T Dove, 1.
The Chair announced the result, when there
was long and continued applause.
was appointed to wait on Mr. Wallach and notify
him Of his election.
The Chair appointed az said committee Messrs
Msgruder, Wilson and Brown.
siderable discussion lately, and some misconcep-
ton AZ to the form Of oath the Mayor was obliged
to take, be would read IL for the benefit Of all
present G9od good He read the form which s,o
office to the best Of his skill and judgment with
out favor or partialitv,n and remarked that the
charter did not seem to know anything about the
Constituton; adding, sosfoDoes, "nor the Mayor,
The Convention took recess for fifteen minutes.
At the expiration Of that time the President called
elect
tered with the committee and was introduced by
Mr. Magruder.
The Chair announced to Mr.. wallach his elec-
ton, in accordance with the sixth section of the
Charter, and moved that an each member Of the
Board Of Aldermen was sz otieio magistrate,
that their president, Mr.. Dove, administer the
Mr.. Magruder no. no, sir Justice
Thompson is here. He will do it''
The oath was administered, and Mr. wallach,
turning to the convention, addressed them with
much feeling, and commanded the attention of
every one present. He said That he felt grathed
at the consideration and honor shown him they
could but expect, vet that qualification was not
without alloy. He felt that exigencies bad called
nim TO the position never before experienced in
the history Of this city, and he sincerely hoped
that the Mayor would be able soon to excul pate
himself and return to the city, when he pledged
himself to vacate the office to which he had been
for early return Of Mr.. Bsrret, as under the pc
culiar circumstances the position was particularly
unpleasant. He had already filed the highest
position In the District, In the gift Of the EIecu
tive, and now had reached this pinnacle under
circumstances which no other ever had, vet he
should exert himself to the utmost to ensures the
prosperity OF the city and In the maintenance Of
the Union and government Of the United States
rendering his hearty thanks for the great honor
done him he closed amid loud applause.
The convention then dissolved, and the men,
oers OF the convention and numerous friends
crowded around the new Mayor to congratulate
him.
Board Of Aldermen The president. Mr.. Dove,
called the board to order.
Mr.. Magruder offered a bill repeating all law,
authorizing police force for this city; referred
The committee on health recommended that the
nomination OF DR.. Francis Meade as physician for
the poor Of the Seventh Ward be confirmed and
said nomination was confirmed, rtca voee
The Board then adjourned.
Common Council from The
surveyor In relation to draining the intersection
OF twentieth street west, Connecticut avenue,
ana street NORTH and relaying the gutter and
alley opening on the south side of III street north
between Nineteenth and Twentieth streets west
were presented and referred
Mr.. Peake, chairman Of the elections commit
tee, stated that the committee was not vet ready
to make a full report in the case Of Messrs Raub
and Powell, and asked to be allowed time for
further consideration.
Mr.. Emerson stated that the committee had
evidence, but that they had notified the parties
that the final report would be made two weeks
from that day.
The special order (bill making appropriations
for cleaning avenues, streets, alleys and CUTTERS
and for casual rePairs,) was taken up and passed
with amendments.
This bill, as passed, appropriates for cleaning
avenues, streets, alleys and CUTTERS for casual re-
pairs in the First Ward, 81 500; Second Ward,
~ ,20O Third Ward, 81 500; Fourth Ward, 80 600;
Eifth Ward, $500; Sixth Ward, $500; Seventh
ward, 8 800; to be expended under the direction
Of the Mayor and the Commissioners Of the east
ern and western districts
A bill repeating the act In relation to the reno
val Of ofdl, Stops &c, approved Feb. 4, 1856, was
A joint resolution from the upper board, con.
vening the two boards In Joint sess on at O'Clock
p. m ,, for the election Of a Mayor, was adopted;
and messra Mulloy, Stevens and Magrath were
appointed committee to wait upon the Board of
Aldermento acQuaint them with their decision
After recess during which the board met In
joint session for the election Of Mayor It again
convened, and without further transaction OF
business adjourned.
THE OATH AND THE CORPORATION ATTORNEY.
The opinion Of Mr.: M. Carlisle, the Corpora
non Attorney, on which eX-Mayor Berret based
his refusal to take any oath an ex-ofeio men,
Der Of the Board Of Police Commissioners, pro-
First. The Mayor Of Washington is connected
with the Police Board not In respect to his person
or individuality, but In respect Of the office which
he holds 1t s, by the express terms Of the STATUTE
s1 oDSeto that he Is entitled to vote In the board
IL Is only because he 10 Mayor that be has such
tie and II 10 only by ceasing to be Mayor that he
OF the Mayor the charter saw, (sec 2d). oh,
shall, ExOFFIcIo, haps and exercise all III. potce-s
authority, and Jurisdiction of a jxsfies of ths
peace for ths county Of Washington toithin said
county The same provision 10 found In the
charter Of 1872. But Ii has never occurred to any
one that before the Mayor could exercise the DOW.
ers OF justice Of the peace he was required to
Qualify himself az such by oath or Otherwise
This being true, 1t follows that no oath whatever
ought to be taken by the Mayor In addition TO his
Official oath ~ Mayor.
Secondly. The oath Of allegiance prescribed by
the act OF August 9th, 1851, has no application
whatever TO the members Of this Board Of Police,
and certainly not to the Mayor Of Washington, as
an ez c1teio entitled to be a member Of IL.
The opinion gives at length the reasons why
this act requiring an oath Of allegiance, &c. to
DC ddmintStered 10 certain persons in the civiI
Ssrrtee Of the United States,n can surely have no
application TO the Mayor Of Washington; and In
that connection concludes that the Mayor 10 not
In any sense an executive officer or employ6 Of
either Of the Departments, "or person connected
herewith" In the sense Of the statute In question
The summing up Of the whole case 10 that for
the Mayor to take any oath whatever would be
departure from the true intent and meaning Of the
act Of Congress creating the board.
SOLDIERS RATIoNs AGAIN "A soldier writes TO
US that our " bill Of fare" looks very "sweet and
inviting;" but reminds Us that IL private 10 de-
pfived Of what he 10 entitled to have he 10 obliged
to submit, because Ii he resists he 10 complained
Of TO his superior officers mutineer and 10 liza
BILE to be court martialed. He accuses some Of
the regimental Quartermasters Of selling the SOL
diers' rations, and sribing the non-commissoned
Officers and says such men are worse than seces.
sionists He closes by suggesting a committee Of
officers to visit the camps at stated periods and in