The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-08-27
OPINION OF THE CENTRAL.

AS already stated, the Attorney General has de-
ivered an opinion, to the effect that Mr.. Berret,
Mayor of Washington, as er.oBfciO member of the
Police, was required by law to take the oath pre-
scribed for clerks and other persons connected with
the different departments. We publish it to-day
in full. 1t belongs to the history of the times.
For those who unacquainted with the acts
passed by the late extra session of Congress, we
append the following facts Congress by act No.
81, approved August 9th, 1861, provided for the
establishment of Board of Police for the District
of Columbia. The Board was to consist of five
commissioners, to be appointed by the President,
who, CATER being duly qualified by taking or
subscribing an oath affirmation, before seine
person duly authorized, to support the Constitu-
ton of the United States, and faithfully to dis
charge the duties of his Office, shall proceed to dis
charge the duties prescribed by the act'' No pro.
vision was made for administering the oath to the
eX-offico members of the Board, they having al
ready taken a similar oath on being installed into
their position Mayors of the two cities. BY act
No. SO, approved the same day, Congress provided:
That it shall be the duty of the heads of the
erai departments to cause to be administered to
every officer, clerk, employ ee in their respective
departments, or in any way connected Herewith,
or to become connected Herewith, oath to sup
port, protect and defend the Constitution and Gov
eminent of the United States, ETC., etc. The act
further provided that any one required by the act
to take such oath, who should refuse, should be i'm
mediately discharged from office. This was the
only penalty.
ATTORNEY GENERALS OFFICE
22d August, 1851 {
SIR: Your letter of the 2lst inst presents for nv
opinion the question whether the members Of the
Board of Police for the District of Columbia,
created bv the act of 9th August, 1861 entitled
can act to create Metropolitan Police District of
the District of Columbia" &c, are required to
take the oath of allegiance prescribed by the first
section of the act of the same date, entitled can
act requiring oath of allegiance and to support
the Constitution of the United States.''
The Metropolitan Police Act above referred to.
Sec. 2, provides that Immediately upon its pas
sage, the President shall appoint by and with the
advice and consent of the Senate, five Commits
sioners of Police, who shall be the chief officers Of
the said Metropolitan Police Districts, and who
shall severally possess and perform therein the
powers and duties enjoined by this act The said
Commissioners, together with the Mayors of the
cities of Washington and Georgetown, er-otfcio
shall form the Board of Police for the said districts
ana majority of them shall constitute a quorum of
such board for the transaction of business
The Police Board referred to in your letter
consists then, of seven members, five appointed by
the President and the Mayors of Washington and
Georgetown.
the Board of Police shall annually, on or before
the first Monday in November, report in writing
the condition of the police within said districts to
the Secretary of the Interior.
The act of August 6, 1861 requiring the oath of
allegiance, (sec. ~ declares that it shall be the
duty of the heads of the several departments to
cause to be administered to each and every officer,
clerk or employee now in their respective depart
Inents, or in any way connected Herewith, or who
shall hereafter in any way become connected there.
with, the oath herein prescribed; and further that
each and every such civil officer and employee in
the departments aforesaid, or in any way connect
ed Herewith in the service or employ ment of the
United States, who shall refuse to take the oath or
affirmation therein provided, shall be Immediately
dismissed and discharged from such service or em-
ployment.
The question, then, is: are the members of the
Board of Police officers in the service or emnIov
ment of the United States. or in apv wav connect
ed with any one of the departments referred to-
That there are officers in the service or employ.
men of the United States cannot ell be ouestoned
The office they hold is created and its duties are
defined by act of Congress-; five of them are an
pointed by the President and the other two are
declared members OF the Board because they hold
certain offices which were created by acts of Con-
gress; their compensation and all the expenses
which may be incurred in the discharge of their
official duties are to be paid out of the Treasury of
the United States; and, finally, they to make
periodical reports the head Of one of the Depart-
ments of the Government. TIE members of the |
Board of Police are. then, officers in the service or
employment of the United States. f
Are they, such officers, in any way connected |
with any one of the Departments? The 2ltb sec
lion of the organic act, as We have seen, makes it |
heir duty to report annually in writing the condi
lion Of the police within the districts to the
Secretary of the Interior. By this provision they
ire certainly "connected" with the Department Of
he Interior, and I cannot avoid the conclusion
they are, therefore, directly within the letter
pI the statute which makes it the duty of the
n,a., vi mat Department to cause the oath in
lueslon 70 De administered to every officer or en-
,ioyee 10 "a any 'soy connected with his Depart
nent. Inc act does not attempt to define what
una o, co a with the Department shall
'ring the omcer within its TERMS but it is careful
o extend the duty of causing the oath to he Cd.
beyond officers who are in the Denart
nents to the larger circle of officers who are in n
,ay connected oih the Departments, and il il to9
lain for argument that the duty of making an an.
ual report, in writing, of the condition of the DO
ice to the Secretary Of the Interior, directly CON
ects the Board of Police with the Department of
Which he is chief, and imposes upon him the obi
alton OF causing to be administered, and upon
nem the obligation of taking, the oath prescribed
y the act. .s9,9,i-. nal''-rl. /. N'IIlI =
That the Board of Police are within the shirt of