New-York daily tribune., 1861-08-27

Tie United States gun-bOst H. h. FORBES sailed inel
even 'ng ior The Potomac.
TIE CASE OF THE MAYOR or WASHINGTON.
From Thc NGii7nbf Iri,!i'geHon.
On THURSDAY last AT "a moe.ing OF the Police COm-
mfianere the President OF the Board Submitted he
suujoued letter from Mr.. Smith the SecIetsry Of The
lhtriior, communicating written opimoh OF hs;
Attorney Cerrrll Bacs, in rptcrcuce 20 The du OF
the MAYORS Of WashnQon and Georgetown, who arc
ly.gFelo members Of the Board OF Police COmnls-
sonors to takc the cath IL prescflDed Tor the
OH or Commissioners ard for all persons IL The civil
DsraETsrST or ras IsrsxIoa, Aug 2s 1861.
Sir. Upon jbe request Of the Board OF Police, a.
made Known 20 lne on The l'th ins'', 'nrousn -
Brown. esq, Acting Secretary, although entertaining
10 doubt myself N 81 the subject submitted 10 the
Auorney -Generl the question whether or not the
Mayor OF Georgetown aad Washington were required
by law, as ,--,NsiO members Ot hat boafd ~ take
tie oath OF allaeancc specially prescribed ty ,he act
OF tue Gh ius. for AL officers in the service OF tie
United states copy Of bis reply, da'td the I'D
i1st j. herewith Incloted, from which you viii o.
serve hc j. of the opinion that each member OF the
Board il aIlAe requtd 10 take tbat oath.
r'~t1' 'SSss, SsIFs 80 sIB' B. sSTa. sSf7T9a Secretary.
TO RicnaAp wuisc.t. Prsisa. q ths Bos-d Of Police
Arrot.Nsr tssENtt's OFytCE, ApE. % Lei.
Su: Your liter Of the 4lst inst. presents ior nv
otiniou he question whehertle NON er OF the Board
ot Police OF the District OF Columbia, created by tue
Ac, o. 6b huyust, o0li euited An acs 70 cr.S'e
IA, r1rolitau Police District for the District oil Coiun'
tIH. Nf.Y ff0 ~ itlIfd 10 lAh' th- Nath VI "tNe'~
preaile1 by tie frs section Of the act OF tho same
date emitted An ac requiring al oath Of allegiance
and % support ihr CO1rituton ot the United s'aEs'
TIE METROPOLITAN Police act above referred to- Sec
loo p-o,d,s thar Immediately npOn iis passage the
r. sf-ut han appoint, hy and With the advce and
o5n.u OF the SerGtC, five CcmulsiOneis Of Police,
VINO at b. the chief oicen ot tDe said Metropolitan
Police Districts, and no sh4li ssyerily possess ad
rerforn itrroin the powers ard duties enloined by
ii- act the said CoulIis-iouers together with the
Mayors of tbe Cries OF " ssbngtou snd 6eorHo'own
,rt o shall form tie Board Of Police Of the sad
.6fic;s aud majority u them shall Constitute quO-
ruln of ,pch Board Cor The itausctipn OF business.
The Police board Inferred 20 IN your letter consists,
them OF seven members i've appointed 1y the Fiesi-
dent and the Mayors Of Wellington and Georgetown.
The h section Of The came act provides mat me
Boa-d Of Poi san ally, OF o. before the htst
Monday in November, report in writing tos condition
OF the police within said districts To iae Secretary oi
1ba ret o 6ih August 1861, reouiriuq the oath OF
y aanee lsec H. do,larer thst IL sna be tbe dIty OF
the Heads of the seyerl Departments 20 cause to he
aduit stprtA 20 each ard every ofce clerk, or EN-
ployce now ia their respective Departments, or
an any way connected Herewith, or who
.bnll herelfi7r in any wGy become o0bueeed there-
Win tho oath therein prescuhedi ana, iu'thet, tht
each and every such civil officer and employee 10 tie
Department, aiOIesaid or 10 a1y WAY connected there
with IA TIC frryi.e emni0yneut OF the JiAted
S,aos who shall fu-e 70 take the osfh or shirmt
therein provided, shall bc Immediately dfnssed aud
ai4etslrpoo from slel seryitc OF employmeui
TIE question then is, sfo the nsnbes OF the board
of Police officers il the rerv,e or enpioyment oi the
United States IN any way contested witn any one OF
the departments reicfred tOi
Ibpt they ars ohc,Fs IN the service or employment
az the United Sates cannot well 30 questioned. The
Office 'hcV holl y crcpso urd s dntcs are defined by
act NJ Congress; i've nj theul are appointed b. tho
President aud the Uthcr sw0 ARE DECLARED members oi
sl, hoard b., fhCy hold CERTAIN Offices Hbicn were
created v acts Of CO ss their c0aponsatiun sud all
tbe =, nen.o which may be incurred in the discharge of
th, .r onira die are TO be- pad Ouf OF the Treasury
OF thc untod Ssto= and finally, The? are 20 make Pc
rocical reports 20 the head # OF che De al neIs
of lhe Goyornuent Tie nembers oi the Board OF
Police nra tlen officers in the service or employment
OF the United Ataic-.
with ANY one uf tbe departments! The Ith section
OF The 0f,ic act, a3 aaye seen, makes II M lr 1ly
10 report annually in writing the condition ot tne Ponce
within the ds'rics 10 the secretary oi Jue I.tlt:
Nv this provision they certainly ~connected WIN
the p1fartneut OF tLe Interior, ana cannot avoin
the conclusion hat they ARE therefore directly Vthh
the letter OF the statne wbch makes II the dniy OF
/ the lead % that Department 10 cause us oaen iu
nues,iou 10 be administered tO every officer Or empoyo
/ In unv Nay rouIec ed With biz Department. the eo
! doe. not attempt 20 define what kind OF connection
] with the Department shall bring me ohcer "Hhh is
terms blt IL is CAREFUL 10 extend e dty 0l causing
the oa 20 BE- administered beyond officers who ore 20
the Dsuartmen;s % the larger circle q officers who
are ia any wdy coARCcted w'N thh Departments ahu
IL too Peis FOR argument 'hst tbe auy o. ThsiS M ~
annual rep Ia writing oi ne oOndiilon oi the ponce
to the Secretary OF the Interior directly oOn1oets be
! Board OF Police with the Department of which DE- 10
chief and npoees upon him the obligation on csusl
90 be administered, and upon them the obh6sion oi
taking tho oath prsscIibed By the acl
That the Board o. Police within the spirit OF lns
st H. think equally clear. Tue purpose oi TIC ac
as s well knoySn s 20 apply Stern and much-nScled
test 20 the fidelity OF pubho oices intrsied with the
udninistl alton OF the GoyemnonG NJ time oi gfeas
| public pcrla peril iearully increahed oy rep,Med
and shsuoiul Instances Of official teaeheiy aid ms,
coaducl Anj certainly il does not demand the hDerAi
spirit OF construction 20 which the wse ami Deaoncen'
objects OF the aCt eutte il, " old ina Il apphes 70
class of officers who specially ntrrfed by u with
the eonerys,ion OF the peace and order the Narni
Capital AMI upon wbose integrity, Iderty and zeal,
The Government relies one o its eais of support
Other reasons o,crir TO why tho Board OF Police
are OF the class Of public ocer 70 whom tue oath IN
oue-iion shoud bo administered, but do not suggest
them because think the proposition Is TOO plain 10
need further Illustration, and besaso t6s tiIhe within
which this opinion is req hired VIII not allow
OF cour,e the duty OF taking the oath attaches 10
every member CT the Board Of Police, whether he be
appointed by the President or be member er e57o rs
| Mayor OF Washington or Georgelown, since The act
makes no exception Of any ola.s Of public officers.
do not here express opinion on the point whether
any of tho members Of the Board are e8eupted from
safiop th. oath prescribed in the ID section Of the
Metropolitan Police act, Docsse tat oath Is iucluded
IN the terms Ol the more srinseh oath prescribed by