The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1863-01-03
THE POLICE COMMISSIONERS.
The Charges Against the Metropolitan
Police Com missiOncrs-Enorts for Their
RemOval-Its Probability, &c.

The Charges Against the Metropolitan
Police Comm ssioncrs-Enorts fOr Their
Rem0val-Its Probability, &c.
We have received the following copies Of the charges
against the Police Commissioners which have
been submitted TO Governor Seymour The Govern
or, we understand, has taken up the case, and
appointed the Sd instant o.day for the hearing Of the
at Albany. The removal Of the commissioners 49,
therefore, among the probabilities
MISCONDUCT AGAINsr JAMES BOWEN ONE
THE COMMISSIONERS OF THE METROPOLITAN POLICE.
Ffra-That the said James Bowen, being OF the
Commissioners the Metropolitan Police the act
entitled "An act to establish Metropolitan Police dis
and to provide for the government thereof passed
April Is 1857 did about the 9th day OF August, in
the year 1862 permit and suffer John A. Kennedy being the
Superintendent Of the Metropolitan Police and the in
spect0rs captains sergeants and patromen OF the said
metropolitan Police to accept and from thence until
the day Of October following TO exercise the
sha the Metropolitan Police district OF New York. and
u members OF the Provost sarshas guard under the
War Department Of the Of the United States
Secnnd-That the said Kennedy so being such super.
intendent having, while exercising such pretended office,
without warrant process other authority Of law, inn
prisoned and held in custody confinement the
police station houses In the city Of New York. under
the control Of said Police Commissioners, Mrs Isabel
Brinsmade. from about the twenty first day
of September in the 1882 to about the third day of
November next succeeding without during that entire
period having caused her to be brought before
gsrae in violation OF the provisions Of section so OF the
above mentioned act and without having disclosed the
aCt EuCh imprisonment 10 the POCc commissioners
Of said Metropolitan Police district, the said Kennedy
claiming TO act the verbal authority Of agent Of
the War Department Of the government OF the United
States and the said Police Commissioners having caused
charges u DO preferred against said Kennedy for mscon
duct in that matter, and trial Of such charges having
place before them the said James Bowen by
decision thereon, bearing date the 1st day OF December
in the year 1862, did IND and decide Is follows
CENTRAL o,r,cr Q, THE MErRoroIIrAS PeIIcE,
40 0A00- NV Yoss sof Dec. t. 81 issa 81
In the matter OF complaint against the Superintendent Of
Ponce for improper conduct,
Resolved ih. hs opinion q this hoard Mr.. Bros
BY direction Of Marshal
q !, ss orders
y sss sss' n f Sc
toy aud no person be pcrmrd 10 hold conversation vita
sR 20 New
s os r hsr sa s
sined q issue such order and BY Letter then wr'en ad
men Washington, informed the supern,endens that the
at s s na 5 ~
s GSuS be sem 70 ST a n, se ws
BY the request Of simeon Draper Pro
the 81 fs Sa. sssa 81 So
dence adduced 70 show that either the Secretary OF Ws his
any knowledge % the definition OF Mrs Brinsnade
Resolves. Tha, c,len cannot lawfully custody
longer than TO be brought before masiras except on
sonabe offence the written order of competent oeer
OF Mrs Brinsinade on the verbal request OF
and irresponsible officer was an unwarrnnabe assumption
Rr.olved That liberty The sacred Of
aEn ss Se War on N
being placed in his custody TO learn her detention
Resolved That ,hs duty Of the sapern,enden, TO
for the unusual purpose OF the detention Of In one
Of the station houses nasueh as they are not under his
| with board Of Police
Resolved That the specification of rude and offensive
Resolved, That the Superintendent be and he is hereby
j. For the retention OF Mrs Brinsmade prisoner
2. For emitting 10 make Application the War Depart
msni for INSTRUCTIONS IN respect 70 Mrs Brnsmade; :.
unusual purpose without the previous consent Of the
Resolved That while It is the duty Of this Board rebuke
syey n,, o o % ana essr ~
the police orce Is also incumbent on the Board TO express
its onicers, and therefoe Wy s'Ae'a' So
TIA, A., the By hi, earnest zeal bis
his arduous duties entitled TO- and has the entire conf
$. G. HAwLEy, Chief Clerk.
Thus justrying the assumption by Kennedy Of the
power pretended to have been conferred him by the
War Department CT the OF the United states
in conflict with the constitution aud laws OF this state
| aud of the Cnted states. HENRY A. CARGEIL-
u Ss. s % s With sS
facts Involved In the foregoing charges and that the same
I December 29-Mr }. ssABuRy Commissioner of Deeds
In addition TO the above learn that Mr. H. X. Bau
welt has made charges against the Commissioners fol
missing prisoners and for sustaining Superintendent Ken
nedy Ia carrying out order issued by him before the
November election, which delivered prisoners who Of
Tended against the laws of this Etae the genera
for punishment thereby placing the city and
State under martial law and supcrsedng the civil laws
Of the stats and The United States.
! IN addition g the Aforementioned charges Mr. Bau
velt's charges read rs follows
Td-That the station houses said district have been
used as prisons for ". Incarceration and confinement there
In, without authority OF law and in contempt OF the con
tuition and laws Of the STATE of Mrs Isabel Brnae
of other persons durng long periods OF time the
knowledge OF said commissioners he being BY his
fessou entirely ignorant thereof showing HEREBY
neglect the plnnest Hn1
affecting the sacred right OF the citizen The under
signed therefore that the said name
may be forthwith removed from his Que OF tho
Commissioners oi the Metropoa1 Police; that In
"a llnluer ~ DIR citizens not secur,
Al hkin sNl subit that The cool the aud
the rshs OF the czens demand THAI such khggld
i be Immediate. H. X. BLArVELT
Il ntt.l