The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-08-27
THE ARREST OF THE MAYOR OF WASH
INGTON,

the Washington
II was Known about town YESTERDAY that the Attorney
s,I had s,ven an opinon agairst tho nos,on taken
so no;h or alleg;ance taLr NV h,s co,,o police Commits
sorers ana this mornnc Il was whisnered that the Board
had in accordance with chat decision voted that Mayor
Rerret couh moi act with them 10 all the talk created
nv this wsition Of things n new impetus was given this
morning NV The annppcenep, Of The arrest of Mayor
Berret on charge of disloyalty
n Was n, Srss snnssos ,hsi the arrest was mmed
ate result Of his refusal to take the oath of allegiance but
smhsao,ont da.onsments showed that government had
for % arrest ouir independent of his action in
connection with the Board of Police Commissioners Mayor
Rerrct ieS, the sitting of the Police Board about
o,coct p NJ He was arrested at his house on street
in the course the night but so quietly was the arrest
effected that probably not single resiuehi o. he @
borhood aware Of the movement until long Mr tne
Mayor had been placed upon tne trh ana was 'a o n's
way Fort Lafayette, New York harbor
About five O'Clock this morning colored an
In the vicinity of the Treasury Building nqurng anxious
Nv for the residence Mr. On being ques-
TONED as 10 his search for this party
early an hour he said that he was entrusted with an ur
ther John Informing him Mayor Berret chad been
arrested at his house at four ocloc A. NJ would
away by the six A. NJ. train to Fort Mcllenry."
nm pv,pur ,r r,,v c,vs
rpo rorson N whom he co,orcd man communicated
,n ttion bastnno AT 10 ,be cors and met officer Veal
LII ' ,a IL 80 ttr,.'. - 40, - nyaror IN
nd ona ara hr;n@ina ,n ~, ,%n caTs -, 0mcor Won't
49,, 81 E! -, -, H. ;, b., tool ,os ION H.
~ nd an any ,ha orri,ol Of tho Novor roid
te STATION ranss, anu oh h; te vo p emu hd h
, , , bfa s s ocloc and spent the time
Ncpot yen minutes otote PIN eiooA a Wv. ',, '
guards 1vhp yere in czen,s dress1 and with such Of
e.. 90 ~, " ia ~, -, 81 liz orrns, "a saaao, 90
ms iehas as hau gov scent o MS arrest IN season W
.eet ,' ~ u i -, 49, 80 80 ~, r 49,, IS. ,haeo
pssDiu Oh IN 's .i hi ou w as ta Nv, I,
10 onnaaraa ..tn ho,1a snoothina on nc mind - ~ ~
Tinrs Woo M Cav, narsons - tho dennt ,nor Movor
p, o ew -, pe,o n, .o 10 thos
ararni ana m aas ~ ~ r,l TON ,har n,acas in
Az 80 Shas,I, Ssono IL ~ 10 ra;n ~
- D., r t,yo,,au -, ~ Ma,asI o.rrad go, ,,,c
aSitaed apnarentv and few moments Were devoted to
Smwereat IN h ~ Two Tho snSnnce az which is univ
Snn ~, ,toS Ncors n hnso cnstody ,ha Nh ~or nn
peared to be- Upon the departure Of the train MI John
TO-; bat ,h asn,,ono Of th Mavor yas nrobablv Tor,
Wa1n nc, reniod Inc Fort T,Saxotte
~ epu' w. " '
PROCEEDINGS OF TIE COMMISSIONERS OF POLICE.
we are enabled 10 Jay before our readers To-Day tne lo
wng very erJs' r s sIpof' % ae proee,u
Ihgs Vi INC Doar" vi rohce Nolihssohers ouihs tne
"esk.- m. ,ou, 49,. :, A., c, I'll, -. 49,. ,,oo
nursuant TO the order Of the President Of the United
So, p p s ~, 49,, ' 81 Whi -, ,,o S S
A%di az ,yo ana y, ;ssio vMay bi
Tennev Bowen and Brown ~ "N''"'''
On motion Of Mr. walach, Mayor Berret was called to
Messrs Addison Tenney Walach Raven and Brown
submitted their oaths Office Mayor Berret declined
do so upop the ground that the oath which he had taken
as Mayor Of Washington rendered the subscribing TO any
new oatb nnecessary beng member of tho board onv
Mr. Tenney of Gemgetown opposed this view of the
case at some length and on motion of that gentleman
the was referred To the Attorney General of tho
United states for his decision. " ''
Tho B,ard then nroceodod 10 effect nernanent orcan
cation, when Richard waack elected President JOS
y. Brown treasurer, ana THOMAS A; Lzehpy Clerk oo
per ahhum ,,,,,,
on melton o. mayor beffet .he sip'n Of 'he Auxiiia-
~ u"Iu anu ne memoeIs tncieo,, were cohthueo Ill
oHse aHttt .he is ~, ~ sel.eiipei, 1921.
hoce 70 appcahts was oroered 10 DC inserted IN the
",ny papers a.. o.,
RIVE p a s T & a an. , :,
boWn Bowen ana lenney were appointed committee 70
uvlae the District OF eoumpia lhto ten districts. .
IuhspAi-lne fresheht ai before the boafa Tue loi'
sowing written OPINION o. the Attorney neherai'-
OPINION oF THE ATTORNEY GENERAL
Gu Arrptsti SEShkt oS Vffich, AUGUST -, isoi
SlK-iour lelter Oh lhe llst hsant presents Tor my
Oh PONCE Tor the District oil Columbia created by the act
OF 9th August 1861 entitled An act create Metropo
htah lonee district oi tiie Dstet Oh .oiumnh, &c,
nre required 10 take the oatn OF allegiance prescribed by
the nrst section OF the act OF the GATE entitled IAN act
requiring an oath OF allegiance and to support the const
aniian ot he '.::ted S.stas," --t
The Metropolitan Police act above referred to- section
2.provdes that Immediately upon its passage the Pre-
edent shall appoint by and with the advice and consent
Of the Senate five Comm ssioneIs Of Police who shall be
The chief officers Of the said Metropolitan Police districts
and who shall seyerally possess and perform therein the
movers and duties eniovrcd Inv this net The said Com
missioners together with the MAYORS Of the cities of
washington. and Georgetown. ex ofaco shall from the
Board Of Police for the said districts and majority of
them shall constitute q quorum OF such Board for the
transaction of business.
The Police Board referred 70 in your letter consists
then OF seven members five appointed by the President
and the Mayors of Washington and Georgetown.
The twenty fourh section of the Same act proves that
the Board OF Police shall annually on or before the first
Monday November, report writing the condition Of
det IN ,.io..
glance (ec ~ declares that it shall be the duty Of the
VI e eoN "a "a uofat tieh's W calse 10 De aulnnls-
tered to each and every officer, clerk emptoye in
their respective departments or in any way connected
herewith, or who shall hereafter in any way become
connected Herewith the oath therein prescribed and
ifhf tat etch and every such civil officer and empoye
the departments aforesaid or in any way connected
herewith in the service or employment Of the United
states who shall refuse to take the oath affirmation
therein provided shall be Immediately dismissed and dis
charged from such service or employment.
Inc question then is are the members Of the Board Of
s SocS ocers IN the service or employment Of the United
e'aes ID any way connected with any Of the depart
ments referred 10
That thy are officers in the service employment Of
me United States cannot well be Questioned The Office
they mold is created and its duties defined by act Of
congress i've OF them are appointed by the President
and te oher two are declared members Of the Board be
cause they hold certain offices which created by
OF congress; Their compensation and all the expenses
which may be incurred in the discharge of their official
duties to be paid of the Treasury of the United
States and finally they make periodical reports to