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Our Police Protectors Chapter 7, Part 1 By Holice and Debbie |
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CHAPTER VII The Law Designating the Mayor, Recorder, and City Judge, Police
Commissions, Repealed -- Appointment of Five Commissioners -- The
Counties of New York, King, Westchester, and Richmond made to Comprise
the New District -- Opposition to the Change -- A Year of Riots and
Financial Failures -- The Metropolitan Police District Act Declared to
be Constitutional -- The Municipal Police and the metropolitan Police
Arrayed in Open Battle -- Intervention of the Military -- The Act
Amended by making the District to Consist of the Counties of New York,
Kings, Westchester, and Richmond, and the Towns of Newtown, Flushing
and Jamaica--The Number of Commissioners Reduced to Three. Up to the year 1857, with various vicissitudes, as has been set
forth in the preceding pages, the city of New York had a Municipal
Police force which, on the whole, was inadequate for the duties it was
called upon to perform, and did not give general satisfaction. In this
year the legislature established the Metropolitan Police District, and
for thirteen years the city Police was merged in that body. The
charter of 1870 abolished the Metropolitan Police District, and again
substituted the Municipal Police, which remained in force until 1873,
when the present Police Department was created. The organization of a Board of Police Commissioners (Act 1853)
consisting of the Mayor, Recorder and City Judge, and the extending
the tenure of office of the Police during good behavior, were
instrumental in bringing about a marked chance for the better in the
character and efficiency of the Police. It was, however, found that
the judicial duties of the Recorder and City Judge rendered them
unable to discharge those duties which devolved on them as
Commissioners of Police, and that the power of appointment and
dismissal was lodged with the Mayor. The alleged abuse of this power,
and the raid increase of population in the cities of New York and
Brooklyn, conspired to make a change in the Police organization
desirable. The year 1857 was a disastrous one to New York--a year of mob rule;
beginning with civil strife and ending with financial ruin. In the
spring of this year the State legislature passed several bills
relating to the city, and amended the charter in several important
particulars. The charter, and State elections, which ad hitherto been
held on the same day, were separated, the first Tuesday in December
being fixed as the dale of the former. The most important innovation
was the transfer of the Police Department from the city to the State.
By the Metropolitan Police Act, a Police District was created,
comprising the counties of New York, Kings, Westchester, and Richmond;
and a Board of Commissioners was instituted, to be appointed for five
years, by the governor of the State, to have the sole control of the
appointment, trial, and management of the Police force, which was not
to outnumber two thousand, and to appoint the Chief of Police and the
minor offices. The Police commissioners were to secure the peace and
protection of the city, to insure quiet at the elections, and to look
after the public health. In this instance the changes that were thereby effected were of a
radical nature. The Metropolitan Police District included the Counties
of New York, Kings, Westchester and Richmond. The Governor, by and
with the consent of the Senate, had the appointing of five
commissioners of Police; one from the county of Richmond or
Westchester, one from Kings County, and three from New York, the
Mayors of New York and Brooklyn being ex-officio members of the Board.
The officers of the board were a President and a treasurer, the Board
being empowered to appoint a chief clerk and six deputy clerks. The
Police force was then made to consist of a General superintendent, two
Deputy superintendents, five Surgeons, Inspectors and Captains not to
exceed forty; Sergeants not to exceed one hundred and fifty; and as
many Patrolmen as should be determined upon up the Board of
Supervisors of New York, the Common Council of Brooklyn, and the
Supervisors of the Counties of Kings, Richmond and Westchester. The qualifications for appointment on the force were about that
same as in the preceding Act, the term of office continuing also
during good behavior. The salaries were as follows: Treasurer of the Board, three
thousand dollars per annum; the other commissioners, eight dollars per
day, for actual service performed; General Superintendents, three
thousand dollars per annum; Deputy Superintendents, two thousand
dollars each; Surgeons, one thousand five hundred dollars; Inspectors
and Captains, one thousand two hundred dollars each; Sergeants, nine
hundred dollars; Patrolmen, eight hundred dollars, and Doormen, seven
hundred dollars. The new Board possessed al the power and authority hitherto
conferred by law upon the Board of Police Commissioners of the city of
New York, or upon the Mayor, Recorder, and City Judge of said city, as
Police Commissioners, or upon the Mayor s of New York and Brooklyn
respectively, as the heads therein of the respective Police
Departments of those cities, or upon the Aldermen of the city of
Brooklyn. The Chiefs of Police, in the cities of New York and Brooklyn, were
designated, respectively, Deputy Superintendents of Police. From and
after the passage of the Act, Captains were designated Inspectors and
Captains; Lieutenants and Assistant Captains, Sergeants; and
Policemen, Patrolmen. The Police Districts were divided into precincts, without any
regard to country of ward boundaries, there being assigned one
Inspector, one Captain, and four Sergeants (besides such quota of
patrolmen to be thereafter determined) on each precinct. The Board was
authorized to establish, from time to time, a station or sub-station
in each district for the accommodation of the Police force on duty
therein; to detail Police officers to the Police and Criminal Courts,
to the public offices of the cities of New York and Brooklyn, the
Quarantine and emigration offices, etc., as might be deemed advisable.
The board was restrained from suspending member of the force from pay
for more than thirty days. All orders and regulations of the Board
were promulgated through the General superintendent, who was the head
and Chief of the Police force. The following persons wee first commissioners appointed under this
Act: Simeon Draper,. James Bowen, James W. Nye, Jacob Cholwell and James
S. T. Stranahan. Draper, Nye and Cholwell resigned, and Pelatiah Perit and S. W.
Ward were appointed their successors. They in turn resigned, and
Thomas B. Stillman, Michael Ulshoffer and Isaac H. Bailey were the
next appointees. This resulted in the formation of the following Board
of Police: James Bowen, of Westchester county; James s. T. Stranahan, of Kings
county, Thomas B. Stillman, Michael Ulshoffer, and Isaac H. Bailey of
New York. There were three terms of office: one term, for three
commissioners, expired on the first day of May, 1858; another term,
for two Commissioners, expired on the first of may, 1859. It was
determined by lot which commissioners were to serve the long and which
the short term. Each commissioner appointed to fill a term succeeding
an expiring one, it was provided, should be appointed thereafter for a
full term of three years, such appointment to be made from the county
in which the vacancy occurred. Any vacancy as Commissioner of Police
should be filled by the board of Police for the residue of the
unexpired term. The governor possessed the power of removal for cause. The Police commissioners successively appointed the following as
General superintendent: James R. Whitney, Joseph Keene and Welcome R.
Beebe, all of whom declined to serve. The board next appointed
Frederick A. Tallmadge, who accepted. He served in such capacity from
the date of his appointment, May 13, 1857, to April 18, 1859, when
Amos Pilsbury was appointed to succeed him, May 20, 1859.
Superintendent Pilsbury did not assume the duties of the office until
the first of July following, Deputy Superintendent Daniel Carpenter
acting as General Superintendent, pro-tem, in the interim. Pilsbury
resigned as General superintendent on March 5, 1860. The Act declared that the Municipal or Local Police of the cities
of New York and Brooklyn should be embodied in the Metropolitan force,
and that the local authorities should be divested of all control over
them after the first meeting of the Board of Commissioners. It had
been so confidently asserted by the opponents of the Act that the
courts would declare it unconstitutional that doubts were infused into
the minds of member of the New York force as to the lawfulness of
obeying the orders of the Commissioners. Under these circumstances,
and in view of the fact that it was a question of vital importance to
the Policemen, the Board refrained from assuming the control of the
force until the validity of the law was judicially determined. On the
fourth of May, Justice Clerke, of the Supreme Court, affirmed the
constitutionally of the Act, and on the twenty-fifth of the month, the
Supreme Court, at general term, declared it valid and binding in all
parts. On the rendition of this decision the Commissioners assumed direct
control of the Police force. That portion on duty in the city of
Brooklyn, with but few exceptions, obeyed the orders of the Board. Of
the New York force, fifteen of the captains and about eight hundred of
the Patrolmen refused to recognize the authority of the Commissioners,
or obey the orders of the General Superintendent. Charges of
insubordination were preferred against them, and they were tried and
dismissed from the service in conformity with the provisions of the
law. On the fourteenth of May, 1857, in pursuance of a requisition from
the Health Officer, Deputy Superintendent Matsell was directed to
detail five Patrolmen to guard the public hospitals at the Quarantine
from the threatened attacks of incendiaries. He refused to obey the
order, and was tried and removed from office for insubordination, and
Daniel Carpenter was appointed in his place. Mr. Matsell was soon
after restored to duty. The new Metropolitan Police force, handicapped as they were by the
action of the old Municipal body, and legal proceedings, found their
hands full in combating public outbreaks and riotous disturbances, as
well as quelling the internecine strife that kept two bodies of
Policemen in open brawls, to the injury of good government and law and
order. The power exercised by the State Legislature, in respect to the
Police, embodied in the Act to establish a Metropolitan Police
District, was considered by Mayor wood and his adherents in the light
of a usurpation of authority, on the ground that the government of the
Police was entrusted to a Board of Commissioners not appointed or
selected by those who were taxed for this salaries, and who were
immediately affected by the operation of those laws. The Mayor also
thought it decidedly objectionable that the State Government, besides
creating the Board and appointing its officers, should have also fixed
their compensation to be paid out of the city treasury, without a
right on the part of the people of the city to regulate or control
them in any degree. The Police, the Mayor considered as an army for
preserving domestic order in time of peace, just as the regular army
protects us from foreign invasion in time of war. "It should be
our object," he said, "to elevate the guardians of our lives
and property to a position of dignity scarcely inferior to the
guardians of national honor." He therefore recommended that the
Police, in the designation of its men and officers, and also in their
appointment, suspension, trial and removal, should be organized and
governed according to like features in our military system, the Mayor
to be considered the head of the force. But his arguments proved
unavailing, and the Metropolitan district went into operation,
fulfilled its mission, and ran its course. The appointment of the new commissioners was the signal for war.
Mayor Wood, who had strenuously opposed the action of the legislature,
announced his determination to test the constitutionality of the law
to the uttermost, and to resist its execution. He refused to surrender
the Police property or to disband the old Police, and for some time
the city witnessed the curious spectacle of two departments--the
Metropolitan Police under the Commissioners, and the Municipal Police
under the Mayor--vying for mastery. After exhausting all the
resources of the law to evade obedience to the Act, the Mayor and
Municipal government finally caused it to be referred tot he court of
appeals. Before the final decision came, blood was spilled. On the
sixteenth of June matters were brought to a crisis by the forcible
ejection from the City Hall of Daniel D. Conover, who had been
appointed Street Commissioner by Governor King, to fill the vacancy
caused by the death of the former incumbent. The Deputy commissioner
meanwhile claimed his right to hold the office, and a third
competitor, Charles Delvin, had been appointed by Mayor Wood, who
claimed the appointing power. Mr. Conover immediately obtained a
warrant from the Recorder to arrest the Mayor on the charge of
inciting a riot, and another from Judge Hoffman for the violence
offered him personally, and, armed with these documents, and attended
by fifty of the Metropolitan Police, returned to the City Hall.
Captain Walling (later Superintendent) at first attempted in vain to
gain an entrance with one warrant. Mr. Conover followed with the
other, but met with no better success. The city Hall was filled with
armed Policemen, who attacked the new comers. A fierce affray ensued,
during which twelve of the Policemen were severally wounded. The
Seventh Regiment happened to be passing down Broadway on its way to
take the boat for Boston. It was summoned to the spot, and its
presence almost instantly sufficed to quell the riot. Mr. Conover,
accompanied by General Sanford, entered the City hall and served the
writ on the Mayor, who, seeing further resistance useless, submitted
to arrest. The Metropolitan Police Act being declared constitutional
by the Court of Appeals, the Mayor seemed disposed to submit, and the
disturbance was supposed to be ended. In the meantime the city had become greatly demoralized. During the
civil strife of the Police, the repression of crime had been
neglected. Gangs of rowdies had organized, whose purposes wee disorder
and plunder. These rival gangs were styled the "Dead
Rabbits," and were residents of the Five Points' district; and
other was known by the name of the "Atlantic Guard" or
"Bowery Boys." These two gangs of rowdies, on the fourth of
July and the preceding evening, came into a conflict in Bayard Street,
near the Bowery. Sticks, stones, and knives were freely used on both
sides, and men, women and children were wounded in the melee. A small
body of Policemen, sent to quell the disturbance, was soon repulsed,
and several of their number wounded. The rioters erected barricades in
the streets, and great consternation prevailed throughout the city.
the Seventh Regiment was summoned back from Boston, and the city
militia was called out. The riot was not quelled until late in the
evening. Six men were killed and over a hundred wounded. This riot aroused he citizens of the danger of the position, and
intensified the prejudice against the Municipal Police, which was
accused of abetting the rioters. Vigorous measures were at once taken
to organize the Metropolitan Police and secure its efficiency. On the
thirteenth and fourteenth of July another outbreak occurred in the
Seventeenth Ward. The riot continued for two days, but was finally
quelled by the Police. During the month of November, the apprehension of suffering by
persons thrown out of employment because of the commercial reverses,
led to the assemblage of turbulent mobs, which menaced the peace of
the city, but they were dispersed without resort to extreme measures. On the seventh of November, Pelatiah Perit, of New York, was
elected a commissioner in place of Mr. Draper. Soon after, the board
was enjoined from making further appointments, on the allegation that
the dismissal of the old force was illegal. The injunction was
dissolved on the twenty-eighth of November, 1857, but the opinion of
the Judge, delivered with the order of dismissal, in respect to
questions which had not been argued before him, admonished the
commissioners of the expediency of delaying to fill the vacancies in
the force until the rights and duties of the Board were finally
determined by a judicial decision. Some parts of the Metropolitan
Police District had been seriously disturbed by riotous assemblages,
and the necessity of a vigilant Police, extending over the densely
populated counties adjacent to and including the city of New York, was
strikingly illustrated during the previous summer. The opponents of the Act resorted to every artifice, which their
ingenuity could devise to hinder the commissioners in the performance
of their duty. The members of the old force were threatened with
instant dismissal by the local authorities if they recognized the
orders of the Commissioners. A rival Police was established, called
the Day and Night Watch, which patrolled the streets and assumed the
duties which devolved exclusively on the Metropolitan Police.
Prisoners taken by the latter in the very act of committing crime,
were rescued from custody and permitted to escape from justice by the
unlawful organized force of the Mayor. The station houses, which by
law were transferred to the Commissioners, were withheld; writs issued
by the courts were resisted, and were only served when the Police were
seconded by men under arms; and in order to destroy the efficiency of
the law, the Corporation of New York attempted to reduce the Patrol
force to five men. The station houses were located as follows:
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| Our Police Protectors, History of the New
York Police, Published for the benefit of the Police Pension Fund, by
Augustine Costello, Published by Author, 1885.
Transcribed by Holice B. Young HTML by Debbie You are the 1564th Visitor to this USGenNet Safe-Site™ Since August 22, 2004 |