The New York herald., 1862-10-03

found the folowss resolution ~ ing upon my table:
& That The M BE- to
whom the duties of that body will devoiye
presume the Board desires my views upon the above
resolution. Not being called upon to give legal opinion
the authority OF the Board OF Councimcn abolish
the Board OF Aldermen yet would say by way Of sug
charcr the Board OF Counclmen being impeachilg
Board have doubt bu; that they have tho authority
10 abolish the Board OF Aldermen for cause
the Councmen being, OF course, the sole judges Of
the That Is fully stated in the resolution
bsing derectlon Of duty i might be suggested that
Council, II would have the same right 10 abolish the
Board OF Conncmen that the Beard of Councimcp have
10 abolish the Board Of Aldermen In reply To this propo
sition only necessary 10 state that the CoIcmcn
beng composed Of larger number have right TO
abolish the board consisting OF lesser number. (yidc
Jynlins the powers OF Corporation, p 204, sec s,
par. 6-note A, III the margI.) But the question sub
Aldermen beng abolished, whom the duties Of that
body will devolve." ! would reply to the resolution.
that, in my opinion, the Board being abolished the
duties will not devoiye upon one, and that the
Board Of Councmen have the entire Jurisdiction in ali
legislative matters pertaining to the city. would also
state that any attempt on the part OF the Board o Alder
arrange with any candidates to the division of
spoils pertaining to the Street Department rs entirely
void, Tor these reasoIs;-
l. Imprimas-meaning in the first placc--Thc Street
Commissioners has not been legally removed from his
oiIice, nor has the Deputy.
2. In secaadis-mcanng in The second place--The May
being honest man, do not believe he viii nominate
any person with whom the Ring can make bargain
2. In k.yius-meanihg m the third place-Of course
effect upon any person
beg to state in conclusion that this opinion was writ
ten before you passed the resolution and il it does
eItlrey meet your views, my assistant will frame
luton to which can give satisfactory answer. 1t is
to be distinctly understood charge is to be made
against the city for this legal advice, under the decl
sion in the case sprague VS. Providence Plantations the
the Court unanimously decided that man obtain
compensation for voluntary service iespectfny your
obedient servant, ID. d, ,BkONLON
Nassau street opposite office OF CORPORATION Counsel
Considerable nerriment was caused by the reading Of
this which contained tan opinion as is On opinion
la Captain Cutie, on this extremely knotty subject.
communication was received from his Honor the
Mayor (Which had already passed the Board Of Alder
men, reference to the receipt of the old flag Of Fort
P.ckcns, which waved over that place during the siege
bobardments of the 22d and 23d of November 1861
the LIST and 9th OF May, 1862 1t had
to this city by the officers garrsoning the fortress to
gether with rebel flag, captured by Billy Wilson'S
Zouaves They ordered to be received and placed
in the Governors room.
The rcsoutsn adopted in the Board OF Aldermen that
special committee Of five members from each Board be
"ppointed TO purchase sword sash and belt;
peso of $500, for Brgadsr General Corcoran, then
taken up.
Several motions to lay it over were made and lost.
Councilman LENT moved refer the Committee on
Arts and Sciences. Lost
Councilman Ross moved insert the sum Of $500 in.
Councilman STEVENSON said ne thought this city
ought to forward and show in some
suitable way their appreciation Of General Corco.
He had been the Generals company
for days. ana thought him to be very unassuming
and deserving man. and in his opinion no man deserved
better of this city than General Corcoran.
Councilman oeroN said he was wei aware that any
who should appear unwilling to vote for this appropra
tion would be at the risk Of being misunderstood, and
without saying whether he should should not oppose It,
he felt obliged TO say that he sorry that the appro
priaton had been asked for q. this time He would much
rather had been left unGencra Cocoran had marched
his brigade into the field and there shown that he
worthy Of what this city had already done for him.
s The question then taken on the amendment offered
bv Councilman Ross. and lost.
The vote being taken coucurrng with the Board Of
Aldermen the resolution adopted and the President
appointed Councilmen Long Stevenson Geney Gross and
Babcock members Of the special committee.
The resolution adopted in the Board Of Alderman that
the oath Of allegiance be administered all the employees
ci the city government caused long and exciting de-
bate.
Councilman BABcocK offered as an amendment that ai
the employees should take oath to only the
constitution but the government
Councilman GRost stated that taking office they
were all required to take oath to support the cons
tuition Of the United States and also the state of New
York, consequently he aid not think there any
sity to administer an additional OATH
Councilman HOGAN said he did not approve of admins
cring oath support the government as he for one
very much disapproved of many Of tho OF the GO
vernment, but was quite willing TO TO support the
constitution.
Councilman STEVENSON stated that the oath. in
his opinion, was a very necessary measure lie
instaneed the example. Of the late Street Com
ty,. who are now fighting in the rebel armies.
He believed there Of traitors in city,
Of the general government He spoke Of the OF the
employees IN the Brooklyn Navy Yard, Of whom eight.
eon refused to take the oath Of allegiance. He In
favor of having the oath administered to all in the
poy OF the city, and IL any dsoyai persons found
they should be promptly wecded out.
Councilman JoNEs spoke In strong terms against the
amendment He said he was In favor Of supporting the
constitution but certainly could not approve Of many
the late acts Of the government He could believe
that there any necessity to mprison in Fort
Lafayette for several weeks without giving them any
reason for such imprisonment.
Councilman HOGAN moved, as further amendment, to
strike out tho 'constitution and government and in
sert, "The Union and the constitution
CounC man KEkcH sad he would Akc TO know how they
TO II the Cnion 1t was?'' lie had better
put IL, "the Union as he wished II was"
Councilman LENT said he thought at first 10 was un.
necessary to introduce such resolution at ALL but be
felt quite satisfied that the oath ought 10 be admins
tered not only to the employees Of the city government
but also TO the members OF the Common Council
Councilman LONG moved that the subject be laid over
and made the special order for next Monday night.
The Board then adjourned.
- Cor6nGEs' Inquests.