The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1863-08-11
Cen1lct Between the Federal and
Municipal Authorities.
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The 1mpounding Of . United States
Cavalry Horse.
S~>~~~~~~e~>>~~~~>N~>~<~
Smart Letter from City Inspector Dools to
Major General Dix.
Federal Authority Bows to City
Authority,
&C., H.. -.

Tho facts OF very interesting case Of conflict be-
tween the city and federal authorities growing out Of
the capture Of cavalry horse by tho poundmaster at
Yorkve, have just come 70 light, ana exhibit tho
ergec character Of City Inspector Booe In now light
The particulars OF the contained in the
letter from Mr. Boole 10 Major General John A. Dix and
therefore submit the document without further pre-
CirY ISsPEcroR's DEPARTMENT,
NEW YORK, August s, 1868. J
Major General JoHS A. DIX, Commanding Department OF
GESsRA1-I respectfully beg leave call your atten
lon 20 the following particulars Of grievance presented
for my consideration and action. lay before you in
the form n which It was presented 70 me-
John Jones, Keeper Of the Public Pound In Eightieh
tue city ordinances has appeared before me and mado
statement TO the following effect namely on the
attn Of Juy u stray horse was brought 70 him 70 DO
honestly obtained. and receiving the name OF the
person having SAID horse in charge, with his
the horse mpounded that the 26th there appeared
at the pound three In UNIFORM declaring themselves
United States soldiers who laid claim 70 the horse be.
longing 70 the United States cavalry company located in
Yorkvile and demanded possession OF tho same that
said Jones informed them that by proving property and
paying the one dollar allowed BY law, with tho expense
OF the three days' board for tho ANIMAL tho would
be released that said soldiers refused 70 comply with
said terms and retired TO report particulars TO the officer
commanding tho cavalry company that Immediately
thereafter squad OF soldiers horseback appeared
said pound and demanded the uncondtonai release or
tho horse, asserting that they instructed by their
colonel TO break Ao the pound and seize the property by
orce necessary unless II should bc delivered 70 them
that TO prevent the execution Of this threat the said
Jones offered to take the hsrse and 10 with tho squad 10
headquarters and the legality Of his by exhibit
Ing his commission Poundmaster and by producing the
laws Justi!yng his charges and conduct throughout;
that on presenting himself, with the animal, the
officer In charge. he was informed that tho the
property o. the United States and that said should
be taken possession Of would al others found in
like case and that no compensation fee would be paid
thus making said the present case OF the
sum OF three dollars, which iExurpd him
ordinances OF the city for the discharge Of his duty.
have thus stated the particulars Of the complaint as
reported to aud would respectfully request you 10
direct the prompt payment OF tho above amount 10 the
poundmsster NJ question, who holds the Captains
ceipts Tor the horse, dated the 27th Of July.
AZ the time respectfully urge upon you that the
existing ordinances binding upon ali persons within
humble and unpretendng among US. snpposing that
there must he some msapprehenson In this Instance
70 The extent OF authority assumed and the relative
respectfully urge upon you such redress ~ IL die
tated by plain sense Of justice. or, IN other words
compliance with the laws which are intended 70
govern all classes Of citizeus. A consideration d
me matter, doubt not, will result rendering Justice
to an oci, who has acted under the authority OF law
and the direction OF this and who could not
under obedience law have pursued any oher course
than the one adopted by him. In the confidence q such
result shall refrain from further comment and action
until learn your hnal decision in the matter.
The case may seem too nsgnincant-so far az the
your attention. but beg leave 70 you that
the principles involved In OF TOO great import
70 Do ghty passed over, ebcr DIV those who exercise
authority or by those over whom authority exercised
Very respectfully, your obedient servant,
F.xA. BOoLE, City Inspector.
Immediately the receipt Of the above letter Major
General nix acted with promp.ness which fully bears
out his character . OF good common sense
able, judioiors and prudent ofncer Had Mr.. Booe
had another style Of 70 deal with there might have
been great deal d unnecessary trouble and nonsense
occasioned by very simple matter
General Dix endorsed the City Inspectors letter
follows
HgApQuARTgRs DxFARrxxSr East
NEv YoRx Crr, August 8, 1863
Respectfully referred n General Canby commanding
the troops the city and harbor Of New York. who will
direct the 50 claimed to be paid by the Qusrermaster
JOHN A. DIX, MAJOR General
General Candy, with equal promptness issued tho
folly order To Colonel Howe.-
HNApoUARTxss USnKp Srsrxs TRoors ~ cirY AND
HAgDoR oF Nsw YoRg. August 8, 1858.
Respectfully referred 10 Colonel Frank t. Howe Quar-
termsser who viii Please to this claim by order of
B<igader General CANDY.
G. I. CHRIsrrSsys, Assistant Adiutant General.
Thus Gods this little trouble which many people feared
would have ripened into serious conflict u authority
The ignorant csvary officers who fancied they might
with fmpuniiy violate city ordinances, have been
taught a lesson which II n hoped viii bavc a sautary
effect upon them A. regards City Inspector Boole VIC
informed that had there been any opposition offered
the enforcement u the laws Of the cy ho would
70 the utmost extremes 20 maintain the position
wb he