Evening star. [volume] (Washington, D.C.) 1854-1972, 1861-09-24

PRocExDISes or TIE CRY CouNcILs, Sept %
Scara 1mes-Communications from the
Mayor were received approving certain acts, and
calling attention to the bad condition Of certain
streeu especially those most travelled by Govern
ment wagons, and asking that means be provided
Tor repairing them and keeping them In good con-
diton during the approaching winter; referred.
petition from Thomas Carberry and w. B
Todd. agents Of the two orphan asylums. asking
relief from payment Of the water tax was referred
The Chair (Mr. Dove) made q statement, that
on the 18th inst be received through the State
Department communicated from Mr. Berret,
which be proceeded TO read, as follows:
FoRr HAMILTON, Sept IL, 1861.
How. Wm. T. DOve, Pr.sident Of tks Boasd Of
Abdvm.R. WasAfHgtoa, ID. C-Sir: beg that
you will communicate 70 the Board OF Aldermen
fhis nv resignation as Mayor Of the city OF Wash
1nston, and transmit copy to the President Of
Common Council.
lam very respectfully your o6edieut seryt.
Upon the reception OF the above comm nica-
ton, he (slr Dove) addressed the following note
to the Corporation Attorney, which was read to
To JOS H. Bradley, Esq Corporations Attorney.
Dear Sir: Enclosed you will find communica-
ton from Berret, Esq (Which came to me
through the State Department. resigning the
once Of Mayor Of this city. You viii confer a
favor on me by advising the proper course to be
Pursued. Yours respectfully,
WIN. Il. DOVE, Prest. b OLA.
M. Dove stated that upon the reception Of Mr..
Berret's resignation he did not know what was
necessary to be done and was not willing TO IA ke
any responsibility in the matter. He thought IL
might be necessary to call meeting OF the Coun-
ellis, a. he did not think IL desirable TO have the
note 10 the Corporation Attorney, and had re-
ceived q communication In answer to 10 which,
lift was the pleasure Of the board, could be read.
There being no objection. the opinion, which
Is very lengthy, was read. The main points pre-
sented are ihatit 10 dificult to determine whether
under the circumstances II 10 competent or proper
for the Councils to do more than accept the reslg
nation with such resolution as they may deem 1t
and eIpedient. Upon Mr.. Berret's arrest and re-
moval from the city, the journals Of the two
boards show they met to elect In bis place another
during such disability There was no formal
declaration Of the character Of the disability by
resolution Mr.. Bradley quotes from the journal
declared vacant MI Berret was spoken Of az the
late Mayor, and an election pro tsrpors was gone
into. Mr.. Wallach was elected, accepted, quail
ifsd, entered on the duties Of the once, and now
holds It, So long az MIR. Berst remained under
the disability Of coDstraint or absence from the
CITY, although IL had extended to the end Of his
term, there can be no doubt that Mr.. Wallach
would have continued Mayor. Does II make any
difference (Mr. Bradley asks) that instead Of re-
manning absent Mr.. Berret, by another act equally
definite, has continued the disability and made
the Office vacant which the Councils assumed to
be SOL IL il not very material how the question
il answered. Mr. Wallach can, under his present
election, hold and exercise all the duties Of the
supply the existing disc biity, and that disabl-
ity never having been removed he must continue
in ofire. But Mr. Berret has by his own act,
pending the disability, rendered IL impossible to
remove 1t. So that Mr.. Wallsch must I'LL the
ONCE for the remainder Of the term as though he
had In terms been elected to do so. IL was a mis-
vacant, and equally mistake on that assumption
to elect pro fsmPoTs unless they thereby meant
81 for the remainder Of the term.n The charter
clearly inteBds TO distinguish between those cases
which create A vacancy and thoge which IN ~
pend the power Of the Mayor to act. In the
former case they must elect for the remainder of
the term, In the latter during the disability.
Mr.. Bradley proceed Dis to argue that the Conn
ellis have already exhausted all the power given
70 them by the charter; and then goes on TO say
that the Councils proceeded on the ground Of a
vacancy when none existed, and that vacancy Is
afterwards created while the disability continued
for which they Ought 10 have provided; and con-
cludes a. follows:
"On the whole, on the best reflection have
been able to give the subject, | am satisfied that
Mr.. Wallacb's election extends to the hole re-
mainder Of the term Of ONCE len by Mr.. Berret,
and no further election 10 necessary"
Ar Magruder moved that the resignation Of
Mr. Berret be laid on the table; and that the opin-
ion Of the Corporation Attorney be printed with
the proceedings Of the board
Mr.. Moore moved to include the resignation
and Mr.. Doves note To the Corporation Attorney
The amendment was agreed to, and the motion
carried-Mr Lloyd only voting against It,
Mr.. Moore offered a resolution requesting the
Mayor to issue his proclamation eDjoiuing the OBJ
seryance Of Thursday mex, the 26th instant, as
day Of fasting, humilia'ion and prayer, in accord
ance with the proclamation Of the President; and
that all secular business be suspended, &c
Mr.. Lloyd saw no reason for the passage of this
resolution. The Mayor has already recommended
proper observance of the day, and we have no
hight to request him to issue proclamation The
President has already issued a proclamation, and
the Mayor has done In the premises exactly what
Governors Of the several States have done
Mr.. Moore asked II the Mayor had already done
Mr.. Lloyd said It was in the National Intelli-
Of his resolution would be . rsasctIoe p on re
Mayor, and he could not vote for II IL would
look as IL he 1.-THE Mayor was to ask the board
fof permission to carry out the proclamation Of
Mr. Moore said the Mayor had not issued anv
proclsmation-he had only made a request II
vss always usual for the boards to act. This
Corporation consists Of Mayor, = Board OF Alder
men, and Board Of Common Council IL was an
much the duty Of these thirty four citizens In the
board to recognize the day 1t 10 the duty Of the
Mayor He simply makes q request TO observe
the day. An order is usual from the boards, and
II we do any less we are remiss In our duty II had
always been the for the boards to act hereto
the Mayor issued his proclamation for the observ-
anee Of Thanksgiving without the usual request
Of the boards.
Mr. Lloyd said the cases were not parallel.
Heretofore the Governors Of three or four States
had Issued proclamations fixing the same day for
thanksgiving or for fasting and prayer We de-
sirng TO join in the observance Of the day, re-
QuPsted the Mayor TO issue his proclamation
Sow e 10 . national fast day, proclaimed by the
President
Mr.. Moore said the once Of Mayor was not tina.
Of Governor
Mr. Moore said the Mayor occupied the same
position towards the people Of the city here, az a
Governor towards the people Of his State. The
President bad issued bis proclamation, the Mayor
had requested the people Of the city TO observe
the day on the Recommendation Of the President,
ought be 70 come to the boards to ask whether he
should observe the day In accordance with the
Presidents proclamation.
After further debate, the resolution passed by
the following vote:
Ayes-Messs. Brown, Bohrer, Bayly, Brod-
head, Fisher, Magruder, Moore, Sargent, Wen
dell and President Dove-10
Noes-Mesrs. CLARK, Lloyd, Richards, and
Ssmmss-4.
The following bills were passed:
Act for repair Of cutters and hagwsys In the
Flfth Ward
Act for repair Of Third and Fourth streets east
At their Intersection with Pennsylvania avenue.
Act for relsying gutter on street, between
Nineteenth and Twentieth streets
Act for repairing stone pavement In alley In