The New York herald., 1874-08-07

have been busiiy at work nom that time up to the
present. Hence the investigation before Judge
accusations in relation to the conduct OF the po-
lice concerning the election. The question Win
roW macn OF substance anere ns
ers had read carefully the evidence developed
on the examination before q Justice OF the su,
preme Court and. though numbers OF technical
Irregularities appeared, such as are very apt
80 exhibit themselves In the conduct OF admins
trastve business. when much has to be done with
pr0mputude ana haste, l discovered nothing
inconsistent with the honest discharge of duty
and an honest desire and enoeav0r TO secure
Iair etecuon. In the next place, the Commission
ers had, after great note OF preparation, been
brought to trial by their pursuers. II was rea-
their strongest case and that II they were able to
SNOW ST1'' taey would avall themselves OF the op
cuti0n did not attempt to show
THE PRESENCE OF An EVIL MOTIVE
on the part OF the defendants. They would not
allow tne deiendants to show atf1rmaeively the
presence OF honest and praise worthy motives, and
thus the trial ended in merely proving technical
as II affected the question whether the defendants
were honest ana faithful officers, in proving that
that tney naa removed man from ONCE whom
they ought to have removed but aid not do IL in
the precise way pointed out by the law. This
failure affected no right OF the man himself. nor
And then the defendants demanding an lmne-
diate trial on every other indictment against them,
test. And, a circumstance which had from the
fret anected me, with the exception OF the
charges OF the Board Of Aldermen, who, when
unable to meet the call made upon them TO frame
charges relative to street cleaning. borrowed ior
the emergency the camOrs OF Tammany Hall. no
delegate or member Of Tammany Hall, or any other
political party or faction no defeated candidate,
and no Individual in any capacity, from the time
OF the election to the time OF the trial. had ever
laid before me any OF these Tammany charges con-
cerning the conduct OF the Commissioners, rela-
tive to the election, or called upon me make any
investigation into such conduct The Hon. John
Kelly claims that TO his Enoscled0e, Messrs. Char
lick and Gardner were guilty OF gross MISCONDUCT,
ior gross neglect OF duty, IN not finding out tins
before. TO this hour that gentleman has not laid
ANY COMPLAINT BEFORE ME-,
or called on me in any way to exercise any func-
Commissioners Finally, Messrs Russel and Dur. Dur.
charge, and who are made by the specifications
before you to possess every public and private
III they were aware OF any unfair and dishonest COM
bination by which they were rendered powerless,
& had never yer IN IN any ~ manner in.imated & 70 me that
misconduct. Upon these grounds, as well as my
own confidence in the general good conduct OF
no Substance in these charges against Messrs.
Charlick ana Gardner As to their conduct
their responsible duties, / knew of no complaint.
The police had steadily improved in discipline and
efficiency under their control There was no lack
Of industry in represSing cr1me or vfgOr In the
discovery or It, There had, indeed been, on one
well known occasion, criticism on the conduct OF
severity mad Oeen exhibited. In short, saw no
reasOn-rhere was nOne-why should not again
oil these onices with the same incumpents who
had already 80 well administered them; and in
this occasion, l gave some heed to voice
q renewed expression OF my confidence, do
something to save these men rrOm that appear
ance OF disgrace which thev might otherwise wear
In the eyes OF the unre1ecCing crowd, when they
had done nothing to merit 1t, listened to moni
tor winch has hitherto seldom misled me, I
might indeed, by pursuing different course,
have greatly served my own comfort, SfenCed
much hostile denunciation Of myself and gratifed
doubtless, some aspirations for office. But long
ago learned to turn dear ear to mere clamor
and should have forever reprOached myself had
I sought to secure my own ease by turn
service OF the public at my instance, had been
made the victims OF an unjust persecution.
under such circumstances. am not the man
TO permit an officer in any way subject to my
authority be he high or low to suffer for the per.
fOrmanCe OF an act In ltsell cOmmendabe and done
In the honest endeavor to discharge his duty,
merely because he has unwirtingly committed q
for further rejection ana % calm M Se
find nothing In my conduct making these reap
As to Ha the circumstance That each was sppo1nted
to fill the vacancy created by the other, have to
say that this was done to eyade no law, but with
to the legality OF the appointments. l suppose
there would be plenty OF cavilers seeking to draw
tended, lar as could, TO deprive these OF their
weapons and Of their occupation.
have now laid before you, by way OF ex plana-
tion, The grounds and reasons OF my action In all
the particulars in which 1t has been assailed. 1t
would not be irrelevant here to inquire why my
accusers have not undertaken to complete the
case they have so labOriously sought TO make up
against me by pointing out some supposed corrupt
or unworthy motives which have led me to the
commission OF the offences they affect to deem SO
on that great pubc sese INV
charge are impered. The resources Of our
language seem scarcely. adequate to the express
hot nj hn m I'm IN Af fAn
misconduct OF which they charge me with be-
Ing guilty. They say, among. other things, "that
as Mayor OF the city Of New York, was inconsistent
with his duties as Mayor Of the city OF New York,
and constituted gross violation OF his official
duty, which was without precedent in the history
OF the State" Surely these gentlemen ought 80
be able somewhere to find some traces OF desper-
power for myself or others to give some color OF
probability to this vehemence OF accusation. Have
n created % ring OF ~ mercenary corm2rants Sen. en-.
treasury Have been pandering for the support
of the multitude, and making the public interests
ACKNOWLEDGEMENT If mere popularity has been
my object h have indeed sought It
CESS. Have % oeen playing into the the hands dsuc Of
some political faction9 Tue faction and machine
politicians of both parties are making common
cause before you to get rid OF magistrate whom
neither OF them can control II have been en-
gagged in serving private and personal ends in
stead of those OF the public. must, indeed, have
any have as yet had the credit or protesting. If
my assailants with all their industry can discover
no traces OF their existence. l might also point
to a career not altogether unknown to the people
OF this city. have lived among them and their
fathers, and had established a reputation for good
or for evil before most OF my accusers were known
among men; but have never yet been obliged to
refer to my character for defence OF my conduct
or motives, and never felt less than to-day the
necessity for such an appeal
THE EXERCISE OF DISCRETION.
In closing this general and SPECIFIC answer to
the charges OF my Rccusers, must put upon the
record protest with which, perhaps, / should
have begun. The most important OF the powers
conided to the Chief Magistrate of this city, like
those intr1sted to your Exceilency, are reposed
in his discretion and his exercise OF that Is not
people themselves This Is. in an especial manner
true Of those functions OF my 0fice IN respect to
which the charges against me nave been made
Whom IishalI appoint to and whom l shall re-
move rom once; whose official conduct shall
investigate, and when, and in what manner,
shall conduct the investigation, or whether shall
investigate at all, are questions as to which am