The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-08-26
The Appropriations Of the
Last Session of Congress.
The Law in Regard to the Cap.
ture of Privateers.
OPERATIONS OF THE COAST GUARD,
&C., &c., &c.
Gun SPECIAL WASHINGTON DISPATCHES.
WASHINGTON, August %, 1861.
THE ARREST OF MAYOR BERRET.

THE ARREST OF MAYOR BERRET.
The arrest Of Mayor James G. Berret yesterday morn
ing has occasioncd surprise in this community. 1t
hong been expected that his known dsloyay would
demand the attention of the government The record of
the proceedings of the newly organized Board OF Police
Commissioners furnishes interesting details in
reference to his refusal to take the following oath
prescribed by Congress for all civil ollcers;-
| do solcmny swear (or affirm, as the case may be)
that will support, protect and defend the constitution
and government the United States against all enemies
whether domestic foreign and that will bear true
faith allegiance and loyalty to the same any ordnance
button law Of any State Convention Or Legislature
the contrary Notwithstanding and further that do
this with full determination, pledge and purpose with
any mental reservation whatsoever; and
further that will well and faithfully perform all the
duties which may be required Of me by law So help
God.
After all the other members Of the Board, including
the Mayor of Georgetown who is like the Mayor Of Wash
ington, ero6co member, had taken the prescribed
oath, Mr.. Berret claimed that being member of the
Board only creGco the oath he had already taken
Mayor Washington although entirely different super
seded the necessity of his subscribing a
The matter was referred the Attorney General of
United States for his opinion In the opinion rendered
the is argued at length. The Attorney General de-
oided that all the members of the Board Of Police whe
ther appointed by the President members er-e1co,
officers the service of the United States and
comprehended in the provisions of the first Sec
tion Of the act of Congress Of August g. 1861 which
declares that shall be the duty of the heads Of the
several departments be administered to each
and every officer clerk employe in their respec-
tive departments, in any way connected herewith,
who shall hereafter any way become connected there
WITH the oath therein prescrbcd and further that each
and every such civil officer and cmpoyc in the depart
ments aforesaid, in any way connected Herewith in
tho scrviceor employment the United States who shall
refuse to take the oath affirmation therein provided,
shall be Immediately dismissed and discharged from such
service employment. The office held by these Police
Commissioners created and its duties defined by act
Of Congress. Five Of them appointed by the
President and the other declared members Of the
Board, because they hold certain Offices which
ated by acts OF Congress- Their compensation and all th
expenses which may incurred the discharge of their
official duties be paid Of the Treasury of the
United States and finally, they to make periodical
ports the head of Of the departments of the govern
mont The twenty fourth section Of the organic act makes
1t their duty report annually, in writing the condition
of the police within the districts the Secretary OF the
Interior BY this provision they certainly connected
with Department of the INTERIOR and they there
fore directly within the letter of the statute which makes
the duty head of that department the oath
question be administered every officer employe
any way connected wthhis department; The act does
not attempt define what kind of connection with the
department shall bring the officer within its terms but
10 careful to extend the duty Of causing the oath be
administered beyond officers who are in the departments
10 the larger circle Of officers who any way
uccted with departments and is plain for argu
ent that the duty of making annual report in writing
condition of the police to the Secretary of tho Int
rior directly connects the Board of Police with tho de-
partment Of which he Is Chief and imposes upon
him the obligation Of causing to be administered and
upon them tho obligation Of taking tho oath
prescribed by the act. The purpose OF the
act is to apply stern and much needed test to the
fidelity of public officers entrusted with the adminstra
sion of the government in time of great public peril
peril fcarfuy increased by repeated and shameful in
lanly it does demand the liberal spirit Of cc1struc
sIon to which the wise and benecont objects Of tho ac
entitled it to hold that applies TO class Of officers wc
sre specially entrusted By it with the conservation Of