COMMUNICATION FROM ^1^ HIS HONOR THE MAYOR, ^H IN RELATION TO THE PRECAUTIONARY MEASURES ADOPTED ^| BY HIM TO SECURE THE PUBLIC PEACE OP THE CITY AT THE RECENT ELECTION IN THIS CITY, WITH 25ocument!^ ; „....;,..:^iia^*^''"""'"' A Report from the Comptroller RELATIVE TO THE EXPENSES INCURRED DURING SAID ELECTION. VAt-Vi 4>rK (Cifij) llhyr-- my /S3T lArro^ ^ }^r^j COMMUNICATION HIS HONOR THE MAYOR, IN KELATION TO THE PRECAUTIONARY MEASURES ADOPTED BY HIM TO SECURE THE PUBLIC PEACE AT THE RECENT ELECTION IN THIS CITY, J^otumtniu, A Report from the Comptroller KELATIVE TO THE EXPENSES INCUREED DURING SAID ELECTION. NEW YORK : PRINTED BY ORDER OF THE COMMON COUNCIL. 1839. DOCUMENT NO. 29. BOARD OF ALDERMEN, JANUARY 28, 1839. The following communication was received from the Honorable Aaron Clark, Mayor of the City, in compliance with a re- solution of this Board, requesting him to communicate such information as may he in Ida possession, in rchition to the precautionary measures adopted by him to secure the public peace during the recent Election in this city. Which hav- ing been read by the President of the Board, it was, on mo- tion, ordered that three times the visual number of copies thereof, and the Documents thereto annexed, together with the Report of the Comptroller, relative to the expenses incur- red, during the Election, be printed. THOMAS BOLTON, Clerk. Mayor's Office, Jan. 28, IPSO. The Honorable Board of Aldermen: Gentlemen, — In compliance with your resolution, request- ing the Mayor to communicate such information as may be in Doc. No. 29.] 294 his possession, in relation to the precautionary measures adopted by him to secure the pubUc peace during the recent election in this city, he respectfully submits the following REPORT. Before entering upon the responsibilities of the office, the Mayor takes and subscribes an oath to support the Constitution of the United States and the Constitution of the State of New York, and that he will faithfully discharge the duties of the office of Mayor of the City of New York, according to the best of his ability. I presume it will be admitted that the obligations imposed by so high a trust, require that officer carefully to examine and fully understand his true position, and the extent and nature of the promise thus solemnly made ; that he should steadily keep in mind the first principles of government, and notice the his- tory of legislation so far as relates to the station he occupies. Commencing no further back than the first American Con- federation, it will be found on looking into the articles signed by its delegates on the 17th November, 1777, and adopted by this State 9th July, 1778, that the patriots and statesmen of that day entertained so high an estimate of continued peace, that they made the best means of its preservation one of the chief objects of their deliberations. They did not dwell so much on the restoration as the keeping of it ; hence in the very beginning of those celebrated articles of confederation and per- petual union, it is declared that " they do severally enter into a firm league of friendship with each other, for the common defence, the security of their liberties, and their mutual and general welfare ; binding themselves to assist each other against all force offered or to attacks made upon them., or any of them, on account of religions, sovereignty, trade, or any other pre- tence whatever. It was found by a very few years experience, that the great purposes intended by that Convention of the States, could not 295 [Doc. No. 29. thereby be accomplished to the satisfaction of the people. And the United States in Congress assembled on the 17th Septem- ber, 1787, agreed to a new union, and, having closed their de- liberations, adopted a Constitution of Government, the very first lines of which are, " We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare and secure the blessings of liberty to our- selves and our posterity, do ordain and establish this Constitu- tion of the United States." The State of New York adopted this Constitution. Those efforts to preserve the peace of the country are alike honorable to our fathers and useful to their posterity. They are the joint work of men who had been familiar with the seven years' war of the revolution : who had taken part on many a battle field, endured many hardships, and received ma- ny wounds that they might obtain enduring freedom anJ inde- pendence for our country. This scene of 1787 was indeed one to be admired, for its grandeur, its sublimity. Washington with his friends and late companions came together from every State, not to make peace with a foreign foe — no enemy from abroad remained within our land — but they convened to insure domestic tranquillity. They already perceived that liberty would soon be little else than a name, and independence a vain boast, unless this great and mighty object should be ac- complished. They sanctioned and proclaimed this counsel, " In peace prepare for war." And for this and other purposes the organization of the Government of the Union and of each separate State were eflfected — by the enactment of laws es- tablishing systems of jurisprudence in all matters deemed ne- cessary. The punishment for treason, rebellion, and insurrec- tion, and the measures adopted to prevent them, prove clearly that the first and chief care of our legislators, was to see that the quiet of our country should remain undisturbed. The history of legislation in our own state speaks the same language. And the principle of preventing mischief is disco- Doc. No. 29.] 296 verable in the laws upon other subjects. The provisions con« cerning offences are denominated " proceedings to prevent the commission of crimes." One Act is " for the preventio7i of fires" — another, '' iov preserving the public health." It cannot then create any surprise that like motives should be evinced by the Ordinances of our City. Our whole system, indeed, would seem to be one fjY preservation. We have, among many others, " A Law to 'prevent evil practices in the streets and other places in the City of New York." " A Law creating a City Inspector's Department;" one for preventing and extinguishing fires — to regulate the; Watch Department — to organize the Board of Health — and last, " An Act concerning Dogs." That the Mayor should feel that the principles above alluded to ought to have a serious influence upon his deliberations and actions as an r)fr,cer, will be Icj s likely to be disputed, after a reference to the 17th section of the Amended Charter of our City, by which it is made the special and imperative duty of the Mayor " to be vigilant and active in causing the laws and ordinances for the govei'nment of tl e c'ty to be duly executed and enforced," — " and generally to perform all such duties as may be prescribed to him by the Charter an< City Ordinances, and the Laws of this State and of tii2 United States." Nothing can be more manifest than that the statesmen who modelled and urged the adoption of the measures already spe- cified, knew the importance o^ undisturbed and unbroken peace to a country to whose happiness and prosperity they looked forward with most anxious lijjx s. They had seen how easy it is to common ^i o wa:, and how soon innumerable obstacles to the restoration of a durable good understanding intervene. Those deliberations which were held with so much ceremony and solemnity at the very birth of our Government, and remain to this hour part of the laws whic i ti; Mayor is commanded and pledged to obey, form a portion of the influence which induced him to adopt such '^precautionary measures for secwing tran- 297 [Doc. No. *i9. tranquillity at the late election" as the circumstances, in his judgment, demanded. In order the better to determine whether those measures will bear the scrutiny of reason, several other considerations are deserving of notice. And first among these, a brief history of the principal riots that occurred here previous to the election of the present incumbent to the JMayoralty, is deemed fit and proper. I shall commence this short detail with what has commonly been called the Election Riot, which took place on the 10th, and last day of the Charter Election, of 1834. The first cause of the disturbance which produced such frightful consequences was the forcible entry of some few men into a room near the poll of election of tlie Gth wai'd, and there breaking in pieces some boxes containin;]r ballots for distribution. Fights soon grew out of it, and finally, general confusion and alarm. In answer to a communication addressed a few days since to the Hon. Gideon Lee upon the subject, (Document 2 annexed) he replies that " to go back to the incipient cause of the riot of 1834, I have no doubt it was the disastrous condition of the ge- neral bi;sincss of the city at that period and during the four or five months immediately preceding." And in another place " that the relative strength and condition of the great antagonist political parties moreover at that election being numerically very nearly equal, was exceedingly unfavorable to peace and quiet: each party imbued with feelings of confident success seemed equally inspired with a desperate detertnination for conquest. In such a distempered state of the public mind, the slightest occurrence adverse to either party was very likely to produce actual outbreaks," Mr. Lee also observes, " had the Magistracy been fully apprized before hand of the entire ex. tent o{\\\e danger they might and could and would have made adequate preparations from the civil force, including the entire Watch, without the military aid, to have kept the peace and good order of the city." The Honorable Board of Aldermen cannot fail to perceive how exactly all the reasons and facts Doc. No. 29.] 298 stated by Mr. Lee apply, in most respects, with even stronger force to the condition of things at the recent election. Mr. Lee also most truly remarks, " The Mayor must never lose sight of the great common law maxim, that it is a duty, paramount to all pecuniary considerations, to keep the PEACE." And again, " There is vested inherently in the Ma- gistrate di power co-equal with his duty, to keep the peace." And he adds, " You will perceive that my notions of the duties of a Magistrate, in cases of riot or insurrection, are above the or- dinary considerations of pecuniary cost." Notwithstanding the acts which mark the commencement of the difficulty seem, of themselves, to be of very little moment, yet Commissary General Arcularius, in his report of April 21, 1834, made in pursuance of a call from a Committee of one branch of our State Legislature, asserts, " that the (then) late election for Mayor and Charter Officers in the City of New York, produced an excitement such as has never been witnessed on any former occasion ;" that " a inoh riotously attacked and entered the Arsenal and seized the public arms" It is still re- membered that threats of " fire and sword" were heard in se- veral parts of the city ; and for hours battle, death and confla- gration were apprehended. In order to give the most satisfactory account of the scenes of that day, I have deemed it my duty to annex hereto, nearly an entire copy of the above mentioned report of Commissary General Arcularius. (See Doc. No. 3.) The expense of quell- ing this riot was, Paid extra Peace Officers, Watchmen, &c. . $1,150 40 Paid for refreshments .... 544 22 $1,694 62 Such was the impression made upon the Committee of the Assembly, by the reply from that officer, that they urged upon that body " the providing, either for the removal of the Arse- 299 [Doc. No. 29. . iial from its present location, or for placing the present build- ings in a situation to resist future aggression ;" and " that tne jpeacii of the community and \he preservation of the lives of our fellow citizens demand it." 1 may be permitted here to remark, that the same Arsenal, filled with arms, yet remains in the place vvh re it was in 1834 ; and is liable, as in that year, to be used to rend in twain the peace of our city, and to destroy the lives of the people. It is ceitiinly little better than a nui- sance where it is, in the very centre of a population of more than three hundred thousand. And 1 respectfully call the se- rious attention of the Common Council to the laws passed in relation to its removal. The particulars of several other riots have been gathered from the city papers, chiefly from the Commercial Advertiser. On the 21st of June, 1835, being the Sabbath, a disturbance took place in Grand street, near Crosby street ; ona in Chatham street, near Roosevelt street. The latter was commenced hy some slight difference between awhile man and a colored man. But the feelings of the spectators became so much interested in its progress, that a general battle ensued ; which was at length quelled by the Police, although not without difficulty. Early in the evening; a third and greater outbreak took place in the Gth ward, principally in Pearl street near Chatham street. It commenced by a fight between only two men, but soon be- came a bloody affi-.iy. Dr. McCaffrey, while visiting a patient and only looking on, had his jaw bone broken by a brickbat which was thrown at him. A rush v/as made upon him, he was thrown violently to the ground and most frightfully co- vered with wounds, of which he soon after expired. (See Doc. No. 4.) The reporter of that scene asks, " What are we com- ing to ? What is to be the end of all this violence, ferocity and utter disregard for law, decency and religion?" On the 2Gth June, same year, Mayor Lawrence issued a proclamation, con- cluding as follows : *' Believing the general peace and iceJfare of the community to be dependent, in a great measure,, on a rigid observance of the laws, I hereby announce the determi- 2 Doc. No. 29.] 300 nation of the Magistrat^-^s to enforce the salutary provi- sions," 1 0,201 01 Next followed the riot of the Stevedores and several turn, outs of laborers, which cost . ^.. , Z For ammunition and extra services, also . ] 64 00 0545 B2 303 [Doc. No. 29, ' By this time disturbances in the public streets became more frequent. Those disposed to be peaceable and in safety, found it abso- lutely necessary to remain every evening in their own houses. At length this city was the scene of violence and outrage in a degree, surpassing, if possible, the Abolition Riots. This was introduced to public suspicion, by a printed paper posted in every part of the city on the 12th of February, 1837, being Sunday, inviting a throng into the Park, in the following words, viz. : " Bread— Meat— Rent— Fuel. " Their prices jnust come down. " The voice of the people shall be heard and will prevail. " The people will meet in the Park, rain or shine, at 4 o'clock on Monday afternoon — " To inquire into the cause of the present unexampled dis- tress, and to devise a suitable remedy. " All friends of humanity, determined to resist monopolists and extortioners, are invited to attend. Signed, "MOSES JAQUES, PAUL US HEDL, DANIEL GORHAM, ALEXANDER ML\G, Jr. DANIEL A. ROBERTSON, WARDEN HAYVVARD, JOHN WINDT, ELIJAH F. CRANE." The weather was intensely cold, and yet a concourse of thousands assembled in the Park on Monday, February 13:h, 1837. Mr. Moses Jaqucs Was chosen Chairman, and Alex- ander Ming, Jun. addressed them ; the meeting at length broke up, and at the cry from some one, " Hart's iflour store," vast numbers rushed to that place. The store was soon entered — l>oc. No. 29.] 3(,^ ~w fz::::z ftfr'^^- ■■- ^^-'"•"^^- but he „„d „, ,^^,.^ covered w^rfl "^^ "'^"'''"^ ""'I'" Store house. Many of M hT , ''T'"°" "^ "«" vast ^e-ed, torn and scaueredal^rriu ""'' P'^"^^ "°« Journals of that day stated Z", 1 "^^ , '"''"=''■ O"" °f *« barrels of flour and 1000 i!f ^^ '"'' "^' ^''""' '<"> '^ high estimate. ""^^ of wheat. This is probably ^".''; .h'S bXCel -sl^f ''t -- P'-^^ on duty ceeded from Harfs store to „t/T "•" '»* had pro- ™..ed outrages and serious ^ur^as td^T ''"" '"' ^"'"- No. 5 and e, and finally di3p,i7;'; «" be seen by letters On this the Editorof the Commercrild" '''""'' *« ^"^- observes,— ^mmerciai Advertiser of that day ^^^^^^^Z!::t^ ^^ ^^e restraints th.arn.or (the Milin.^ in ^ s;ate ; ffe^ir:"^^'^ '' '''' The expenses of restoring order on th Preparation." For extra services of Officers occasion, were, " Ammunition . ' * * ^ 141 00 " Refreshments for MiJitia* ' " * 117 00 " Extra Watch . , * ' • 349 OO • 1,731 50 $2,338 50 Through the favor of a kind P 'A violence has transpired within our''ckJ7^' """ '''°* "^^ '^^^^ of Other and sore afflictions have awai Td il T'' '^ ''''^'' now happily rising to newness of in '^^'''^ '^^ ''« and happiness. P^' exertion, prosperity But the city has not during that timp K , nent dangers. On the lOth of Mav 7Jnl T'^''"' ''^^^■ tions of this city suspended specie p^V^nV Tr"''"-^"^''^" been preceded by an act.ve demand for so cie I "'"^ ^"^ "l^ei^ic by various per- 305 [Doc. No. 29. sons having claims upon them ; and the Dry Dock Bank had stopped payment. Notice of the general suspension was to be given to the public through all the patters of the morning. The Mayor was informed during the night of all these proceedings. He was advised also of the apparent dispositions and intentions of many persons in relation to them. Upon a view of all the circumstances, it was believed to be expedient and necessary promptly to make ample arrangements to secure, at all events, the perfect peace and safety of the city. And accoi-dingly, a numerous civil force, and a large body of the Militia, were, be- fore the ensuing morning, called into service. The Watchmen and Marshals were stationed within and near the bnnking houses ; and the Militia at those places from whence they could be most readily withdrawn for efficient duty. The mili- tary corps were assembled under ihe power conferred upon the Mayor, by the 1st section of the Session Laws of 1836, which makes them subject to his order " Whenever their ser- vices shall be required in aid of the civil authorities to quell riots, suppress insurrection, to protect the property or preserve the traiiquillity of the city." And the Watchmen were placed on duty by the authority given in the 7th section, title 2, of the Law to regulate the City Watch, passed February Uth, 183 4, which directs " That each of the said Captains and Assistants awe? every Watchman shall, for the purpose of preserving the peace and good government of this city, obey all orders given for that purpose by the Mayor, Recorder, or either of the Aldermen or Assistants of the said city for the time being, and also of the Justices of the Police, or either of them, on pain of removal from office." At an early hour on the 10th of May, 1837, Wall street and other parts of the city, were crowded with a dense mass of people in a state of great excitement. The various interests and opinions of those who were then hurried together, were duly considered ; and that as a small spark had often kindled the most direful conflagration, so a slight accident, imprudent word, momentary misapprehension or real injury, might cause Doc. Xo. 29.] 3UG destructive contentions, and smguiniry interruption of tiie ge- neral peace. The history of the past was remembered, and the just power ofils awful wainings admitted — whereby it was indisputable that slight or even frivolous events had been the commencement of the most disgraceful riots in our own and other cities. To ])reserve, if possible, was felt to be wiser than to rely upon the restoration of good order. The City remain- ed FREE FJioM Outrage. These and others were the rea- sons of the "precautionary measures" adopted on the occasion to which allusion is here made. The whole cost thereof, was For Officers to' go into the Banks . . $ 4G 00 " Ammunition . . . . . G9 00 " Refreshments and Extra Watch . . 709 75 $82-1 75 Sometime afterwards two meetings were held in the Taber- nacle, for the performance of funeral ceremonies, by the Anti- Slavery Society, in honor of the late Mr. I^ovejoy, and for other purposes. The Mayor had official notice that such assemblies were to be thus held, and what was the object of them. And it was ascertained that there was a sallied determination on the part of a portion of our citizens that they should be broken up. Such were again the preparations to secure quiet however on those occasions, that the pubKc tranquillity continued undis- turbed. AnJ owing to the spirited and generous exertions of Captain Teel and the Watchmen under his command, the whole expenditure for such purpose was only about two dollars. During the last Autumn Mrs. Frances Wright Darusemont obtained a leas3, for six successive Sabbath evenings, of the great room at Masonic Hall. This circumstance gave great offence to thousands of our fellow citizen.?. An effort was made to terminate her discourses there, by preventing her from, its occupancy. She however addressed her hearers there agreeable 307 [Doc. No. 29. to her original agreement with the proprietor. This exaspe- rated those who disapproved her opinions, those who objected to such use of that hall, and many others, who felt that they were insulted by her violent and menacing appeals to the pub- lic through the medium of hand bills and newspapers. During the last four nights of her lectures, the great thoroughfare in front of Masonic Hall, was, for a time, thronged with people, some threatening violence, and others provoking contention. Upon a careful observation and full knowledge of the dangers, from so numerous a collection of people, gathered there in the night time, and evidently from no very peaceful motive, offi- cers and Watchmen were so placed as to prevent any disturb- ance in the streets. No injury to persons or property in any part of the city ensued. The cost of this affair was For Police Officers $ 53 00 " Extra Watch 271 51 (See Doc. No. 8.) 8324 51 On the fifth day of November last, came on the General State Election. The Electors of this city were to vote for candidates for Governor, Lieut. Governor, 13 Members of Assembly, 4 Members of Congress, and 1 Senator. For a long time previous, extraordinary exertions had been made, by those taking a deep interest in the matter to be affect- ed by the results of that election, to prepare those who were electors and those who were not, to contend most strenuously for success. The anxiety appeared to be intense, and the preparations to obtain the majority, seemed on all sides to ex- ceed those of any preceding canvass. Among other incidents a document purporting to have been issued by the Democratic Republican General Committee of the City and County of New York, a copy of which is hereto annexed, marked No. 7. appeared in some of the newspapers of this City, on or about the first day of November last. This paper in itf commence- 3 Doc. No. 29.] 308 ment declares, " that it being understood that at the last Char- ter Election, the Fettcral Inspectors of Eleclion assumed the power of rejecting legal votes tendered to them by electors who offered to comply with all the conditions, and possessed all the qualifications required by law, and that the Inspectors intend to pursue the same course at the approaching election in No- vember." The following will also be found : " To our adopted citizens particularly, we would say that the Inspectors have no right to require the production of their naturalization papers, but tiiat if they know themselves to be naturalized and to possess the other necessary qualifications, it is their riglit and their duty as good citizens, to demand that the oath be tendered to them." There is also this further remark. " The following section of the act will show that any Inspector, who (after the voter shall have declared himself to be duly qualified,) shall refuse to tender the oath, is liable not only to a civil suit for damages in favor of the voter, but to a cjuminal pnosECUTioN for a mis- demeanor." And it concludes as follows : " The General Committee have thought it their duty to pub- lish this statement, because if the inspectors are permitted to disregard the law, and to substitute in the place of it their own discretion, the elective franchise, in high party times LIKE THE PRESENT, will uot bc worth possessing ; and the Committee do hope that the electors of the City and County of New York will adopt the above suggestions ; and further, that in every case of a neglect of duty on the part of the Inspectors to tender the oath or otherwise, they will be prosecuted with the utmost rigor of the law." " By order of the General Committee, {Signed,) ELIJAH F. PURDY, Secretary." About the time these proceedings were made public, and until after the close of the election, it was frequently asserted 309 [Doc. No. 29, that Inspectors would be insulted and arrested while on duty in their respective wards. That they would be carried to the Police Office, and if released on bail would be imprisoned again. The language used in many places concerning ihe In- spectors, before they had entered upon their labors, was bitter, and calculated to provoke angry discu?sion and personal con- flicts. In some instances it was feared that insults of aggra- vated character would be offered to Inspectors when on their way to their homes ; that in some of the wards the boxes con' taining the ballots would not be safe in the possession of the officers conveying them to the place of deposit for the night, nor free from danger after being placed there — hence in some cases, as will be seen by the report of the Comptroller, hereto- fore made to your Honorable Board, Watchmen were, in seve- ral instances, agreeable to the wish of Inspectors, stationed at their houses to prevent the ballot boxes from being forcibly seized and carried away or destroyed. About the time the election commenced, it was observed that the city had within it an unusual number of strangers ; some of whom on their way hither, were reported to have used menacing language as connected with the then coming election ; as for example, " New York would be very hot — too hot for some of the Inspectors." In some instances resolutions were passod and published, which were deemed to be calculated to disturb the public peace. Great excitement prevailed and great alarm in many places followed. Soon after the polls were opened, the press around them was often so great as to require in several wards extra force to preserve to the electors those facilities for depo- siting their ballots, to which by law and reason they were justly entitled. It was evident a very extraordinary crisis was pre- sented : that indeed those were " high party times," and so convinced were the Inspectors of this, that, as your Honorable Body will perceive, they r:>quired additional safeguards ; and the Mayor, acting in reference to those " high party ti?nes,'* and in conformity with what was believed to be his imperative Doc. No. 29.] 310 duty, after obtaining, hourly, the most accurate knowledge of the state of things within his power, proceeded and continued quietly to adopt such plans, in connexion with the other Ma- gistrates, as were judged to be sufficient to preserve the lives of the Inspectors — ensure quiet at the polls — give to every voter free and safe access to them — and an equally free and safe departure therefrom ; and plans were arranged to secure the general tranquillity and, if need should he, to defend and preserve the city from fire and sword. The feeling and temper of those '• high party times," evidently demanded "precau' tionary measures.'^ All this was done without issuing any proclamation, which, liowcver, was asked for, and without calling forth any military power, which was more than once urged upon the Mayor ; but not without receiving from that tower of our strength the most cordial and enthusiastic tender of their services, in case the crisis should demand them. To the general joy, the election closed, the canvass was com- pleted, and all without riot, personal violence, damage to pro- perty, or injury to the reputation of our favored city. The number and compensation of the officers required by the Inspectors, as also the number of the Watchmen employed by the Mayor, where stationed, and the expense thereof, are mi- nutely stated in the report from the Comptroller, made to your Honorable Body on the thirty-first day of December last, in reply to the resolution previously offered by Alderman Purdy, and adoplcd. On a reference to that document, it will be found that the whole amount paid for the Watchmen and others, called upon to accomplish the paramount object of securing the public tranquillity, and for such other services as circumstances didiequire and might have required, was nineteen hundred and eighty-six dollars. The cost of refreshments supplied to them will be reported to your Honorable Body by the Commission- ers of the Alms House. On inquiry at their office, I learn the amount will be from four hundred to four hundred and fifty dollars. 311 [Doc. No. 29. I have great pleasure in taking this occasion respectfully to repeat my strong and unwavering approbation of the steady devotion of the Magistrates, the Watch Department, the Mili- tary Corps, the Marshals, Constables, and other officers, as well as of our citizens generally ; and to thank them for the prompt and cheerful manner in which they have uniformly ten- dered their valuable services, at the times above referred to ; and to assure you, that on those, as well as on other occasions, their appropriate and consistent efforts in the public service and for the general welfare, deserve the thanks of their fellow citizens, and entitle 'them to universal respect, esteem and gratitude. I rejoice to add, that tlie language and temper of the public press have generally been pacific. Thus have I endeavoured faithfully to furnish the informa- tion required by the resolution of your Honorable Body. Should it be the opinion of the Honorable the Board of Alder- men, that the powers and duties of the Mayor, in respect to the prevention of riots, outbreaks and destructive violence, are misapprehended by him, or that his system of conservation is not for the best interest of the city at large, the public good re- quires that such dissent should be placed on record. For what- ever might be the disappointment of the Mayor, as a public officer, should he learn that his proceedings had not received the sanction of your superior wisdom ; yet, as a citizen, and one of your constituents, he would feel that it was just and proper that the result of your deliberations should be officially made known to the community. All Magistrates must fre- quently judge of probable events from circumstantial testi- mony ; the lives of men often depend on no better evidence. Should our fearless and vigilant Firemen never turn out until su7^e of the reality of a Jire, through the fear of losing time by starting upon a false alarm, or because the fire was only a small one, much of their value would be lost, and we might reasonably expect the lurid flame would again reach the sea over the ruins of the city. All good people prefer peace to war. To use all lawful means to prevent confusion, is esteemed Doc. No. 21).] 312 to be a duty which those entrusted with power owe to the peo- ple of the city ; and even to that portion disposed to make dis- turbances ; it being admitted that one act of violence may sow the seeds of many others. When 1 had the high honor, for t!;e first time, to enter on the duties with which I have been entrusted by the people, I sincerely pledged myself to the people to be untiringly devoted to the preservation of the peace of the city. I am not conscious of having, for a single moment, been unmindful of that promise, or unwilling to abide its requirements. It is the policy and wish of some men that no precautionary measures should be adopted upon this subject — but that relying on eventually quel- Hng an outbreak, the Magistrates should not move until they have proof that madness has commenced its work of destruction. It would be but fair and reasonable that those persons should examine a sketch of the well remembered riots in this city, and note their small beginnings, and observe how very soon a slight occurrence may place the lives and property of many thou- sands in fearful jeopardy. Having done this, it will be useful to glance at the ruins of the Convent in Charleston, in Massa- chusetts, and of the Pennsylvania Hall, in Philadelphia, and then inquire the origin and progress of the circumstances which terminated in their destruction. They should also review the riots in Baltimore, Harrisburgh, and other places; and realize that as a trifle has, so a trifle may again consume a city, or hurry thousands of the people into angr}'' commotion. In 1834 even the Arsenal in our City was entered by a mob and the arms seized — had these, in the fury of that hour, been dis- charged upon the people, it is impossible to foresee what horri- ble consequences would have followed. Those arms might next fall into hands that would not he so merciful. Delay and indifference to consequences have long been the policy in Constantinople and in other eastern cities. The na- tural results arc attested by the general misery, and by the downfall of hundreds of what were once, and might now 313 [Doc. No, 29. have been, the most magnificent cities of the world. Learning wisdom from those examples, the system of police in the large cities of civiliz3J Earop3 is prec.iuticmiry an J preservative. Bat for the most scrupulous preparations to meet every crisis, however formidable, London, Paris, Vienna, and other cities would soon be despoiled of their beauty — and their gran- deur, prosperity and power would depart to return no more. On the most rigid scrutiny it will appear that the cost of keep- ing the peace is much less than that oi restoring it. And were there more facilities for breaking up gangs of rioters, and could order, in all cases, be speedily restored, every rent made by violence or blood would lono; disclose the disgraceful character of the past and cover the future with distrust and blighting suspicions. One great riot in a city such as this, with a population so va- rious, and principally depending on commerce with many na- tions, where thousands are sustained entirely by commissions on goods entrusted to them for sale and for barter, would, in one short hour, bring a host of evils that years of diligent la- bor could not repair. Moreover, lives would be lost, and wounds received that must long afflict the sufferers. While people believe themselves in danger of injury, arising from the want of pi'oper laws, or efficient Magistrates, they will carry deadly weapons — and, when in anger, will use them. Be- sides, to have the character of a riotous city fastened upon us, would be truly calamitous ; our good name and credit abroad would sink ; our trade and business at home would be unsteady — uncertain — unprofitable — labor and enterprize would not be well requited — the numbers and misery of the poor would be increased, and the growth of the city impeded, if not effectually terminated. The prison, the gallows, and the grave would have their added victims. The progress of riot is the pathway of cruelty and of brutality, 'tis the school of crime — the field of blood ; — its history may be learned from the remains of the humblest cottage, or the ruin-pile of crumbling palaces ; from the deserted city, the desolate fields, and the green grass over Doc. No. 29.] 314 the sturdy door way of the dilapidated temple, once dedicated to the service of the Almighty. YeSj'its sad story is heard in the melancholy moan of orphanage. 'Tis told in the widowed mother's agony and despair. But K peaceful city is the truly beloved of all people. Feel- ing that they are, at all times, and in all places, protected and secure in their " persons, ])roperty, and the pursuit of happi- ness," the citizens are industrious — confiding — friendly — con- tented. Mutual good will — universal charity — and general competency prevail ; the mind is then calm, the heart is ten- der and affectionate, the baser passions are controlled, and in- telligence, firmness, prudence and virtue unite to perpetuate to them that greatest of all blessings, unbroken tranquillity. That peace may be forever the happy lot of our great city, will, I humbly hope, be the unceasing and sincere prayer, the ardent wish, the constant concern of every Magistrate and of every individual. AARON CLARK. THE FOLLOWING ©OCUMENTTS REFERnED TO IN TRE PRECEDING MESSAGE . 1. Resolved, That his Honor the Mayor be respectfully re- quested to communicate to this Board suchinforrnation as may he in his possession, in relation to ihe precautionary measures adopted b/ him to secure the public peace, during the recent election in this city. Offered by the Alderman of the Second v/ard. Mayor's Office, January G, 1S39. Honorable Gideon Lee : Dear Sir, — During the Election Riot of 1S34 you were the Mayor of this City. In order that I may be the better able to make to the Common Council a suitable report on the pro- priety of certain expenditures, I respectfully solicit fz'om you the favor of your statement upon the following queries : 4 Doc. No. 29.] 316 1 St. What was the origin of that riot ? 2d. How much would it have cost, in the first instance, by a suitabb rcqu'sition from the Inspectors, to have prevented it altogether, by an adequate Marshal, Constabulary, and other guard placed near the poll of the Sixth ward ? 3d. Your views as to the detriment received by the city by reason of that riot, and such other information as you may be pleas, d to communicate. I have the honor to be, with high regard. Your obedient Servant, AARON CLARK. No. 9. 16 Bond Street, January 8, 1839, Honorable Aaron Clark : Dear Sir, — I cheerfully reply to your letter of the 6th in- stant, and will anwer your several questions as well as I can. First you ask, " What was the orijin of the riots" of April, 1834? To go back to the incipient cause — I have no doubt it was the disastrous condition of the general business of the city at that period, and during the four or five months immediately preceding. From this cause an unusual excitement had seized upon the public mind. It seemed to pervade all parties and all classes of our citizens. The relative strength and condition of the great antagonist political parties moreover, at that elec- tion, being numerically very nearly equal, was exceedingly un- favorable to peace and quiet. Each party, imbued with feel- ings of confident success, seemed equally inspired with a des- perate determination for conquest. In such distempered state of the public mind, the slightest occurrence, adverse to either party, was very likely to produce actual outbreaks. Still, it is my belief, that if the Magistracy had been fully apprised, be- forehand, of the entire extent of the danger, they might, and could, and would have made adequate preparations, from the civil force, without the miUtary aid, to have kept the peace and good order of the city. You will hardly desire to know, and it can benefit no public or private interest, to detail, here, what I may deem to have Doc. No. 29,] 318 been tlie immediate causes of the unlawful outbreaks of that unfortunate period. Secondly, you ask " How muci) would it have cost, in the first instance, by a proper requisition of the Inspectors, to have prevented it altogether, by an adequate Marshal, Constabulary, and other guards, placed near the poll of the Sixth ward ?" I will not pretend to count the cost, in money ; but, as I have already said, I have no doubt that, with a full foresight of what was to happen, and that proper organization of our Police force, which would doubtless have followed such " full fore- sight," those dreadful riots would have been altogether pre- vented, or promptly suppressed in their incipient outbreaks. I mean, by " our Police force." all the Magistrates, one hun- dred Marshals, the thirty-four constables, and the entire Night Watch ; the latter being willing to perform day-service for just and proper compensation. And here let me express my views of " a proper organiza- tion." I would divide and form the whole force into companies of ten men each : to be under the immediate command of a dis- creet, vigorous Captain for each company ; and to be located and posted at the several prominent points of apprehended danger ; each Captain communicating constantly, by means of a vidette, or runner, with all, or so many of the other Captains in his vi- cinity, as should be found necessary : and the Magistracy, at head quarters, by means of their videttes, in constant commu- nication witli all the Captains. A private programme of the whole an-angement should be in the hands of every Magistrate, every Captain, and even,' runner. There must be no absen- teeism ; no wandering of the men from their respective posts ; all must continue in the eye and in the hearing of their Captain. I think, by such an organization, you may, in a few minutes, bring an adequate force to bear upon, and suppress, in the em- bryo, any election riot that is ever likely to occur. I am aware, that under the discrepancy and ambiguity of our present stat^tary code, there are difficulties in forming, and governing, and compensating the force I have described. Some 319 [Doc. Xo. 29. new enactments and modifications, from the State Legislature, should be had ; but, if not had, and while the powers and duties of the Magistracy arc but imperfectly defined, some discretionary responsibilities must be taken by the Magistrate. We must ne- ver lose sight of the great common law maxim, viz. : " That it is a duty, paramol->-t to all pecuniar}' considerations, to KEEP THE PEACE." And again, " There is vested, inherently, in the Magistrate, a power co-equal with his duty, to keep the peace." You will perceive that my notions of the duties of a Magis- trate, in cases of riot or insurrection, are above the ordinary considerations of pecuniary cost. I have thus far confined my observations to riots growing out of election excitements. These are the more common ri- ots. But there is another class, arising from other causes ; and growing out of principles, and feelings, and passions, in my opinion, more deep, more lasting, and vastly more dangerous, than those growing out of election excitements. These are more difficult to foresee, and more difficult to suppress ; nothing but the mihtary arm can successfully meet them. And here I may differ widely from some, as to the competency, the power, and the volition of our JNIilitia, in such emergencies, should they ever occur. I sincerely believe that our uniformed Militia Corps, any and all of them, if necessarily called into the field, would be most prompt and effective, in the suppression of insurrection or dan- gerous riot. I speak from some experience, and much inquiry and reflection, when I say, that I should depend as confidently on our uniformed Militia, in such cases, if not more so, than I would on a regular liired soldiery ; but in the ordinary election riots, I believe they may always be prevented or suppressed by our civil force, if due care and preparation be timely made. You will perceive. Sir, that I have treated and discussed this subject, in the full belief and understanding, that neither the People nor the Government of the City are yet prepared for a radical change, or for any considerable innovation of our pre- Doc. No. 29. 320 sent Police system. All I have said, therefore, is in reference to the modification and patching up things as they be. But 1 verily believe, if the public mind was prepared, or could by any means be persuaded, to cast off entirely the old prejudices and the old Police practice, which our ancestors brought from Europe with them, two centuries ago, and substitute for it the modern system of the metropolis of Great Britain ; commonly, or sometimes, called " Peel's Metropolitan Police f beyond all question the most perfect system, for the government of a great city, ever instituted. I do believe, I say, that it would be the greatest blessing that could be conferred on our great and grow- ing city. I find some difficulty, and foel s me d lica^y, in attempting t3 answer your third interrogatory. I find, moreover, that I have already made this letter unreasonably long. I am Sir, very respectfully yours, GIDEON LEE. No. 3. EXTRACTS FROM REPORT BY HEiXRir ARCUIiAlSlUS, ESQ. Made to a Committee of one branch of the Legislature of this State, on the 21sT April, 1834. Located as the Arsenal is, in a densely populated part of the city, it is necessarily exposed upon occasions of great public excitement, and unless strengthened, is in danger of being again forcibly entered, and furnishing the means of attack to those who design insurrectionary measures. The late election for Mayor and Charter Officers in the City of New York pro- duced an excitement, such as has never been witnessed on any former occasion; with all the rage and fierceness manifested, the seizure of the Arsenal and public arms was an act so diabo- lical in its intent, that the annunciation of the fact that such a measure had been resorted to, was received with astonishment and indignation by all parties. I feel called upon by a sense of duty to detail the facts connected with this nefarious and high handed procedure, with the view that suitable measures may be adopted, by the proper authority, for the prevention of a recurrence of similar acts, and for the punishment of future aggressors. On Thursday the 10th of April, being the last day of the election, after the hour of noon on that day, and after the work people had gone to their meals, and when the gates of the pre- mises were locked, and the Commissary General was from home, a mob, which I have ascertained came from Masonic Doc. No. 29.] 322 Hall, appeared before the gates of the yard, in White street. The fence was scaled by one of them, and the small gate was forced open by the forcing and breaking of the lock, when the mob entered on the premises, some approached the rear of the dvvellinfT house, and others inclined towards the Arsenal door, on the east side. My son met those nearest the dwelling, who demanded the key of the Arsenal of him to get arms. A shout " the hey'' came from near the window of the Arsenal where the key had been placed, evincing that they had possession of the kev. They instantly unlocked and opened the door, and a party of them entered and ascended into the second story, and seized a number of muskets. While these proceedings were had, the Carpenter of the yard, who boards in the immediate vicinity, seeing the mob, attempted to get in at the gate, but could not, for the rush that was making ; he therefore ran round to the dwelling house, got into the yard and door of the Ar- senal, and there remained in company with my son, while those within were arming themselves. The muskets are kept on the second floor. The persons within descended, some with one musket, others with two. As they had all passed out, the door was quickly closed, and the key, which had been left in the door by the mob, was as quickly turned and withdrawn by the Carpenter, and handed to my son, who dexterously slipped it into his pocket and made off. He was making his way to the dwelling house, when two persons in possession of muskets stopped him, offered him their muskets, which he accepted, when some of the mob called upon him for the key. He an- swered by the query, " have you not got the key among you?" and while the questions " Where is the key?" " Who has got the key ?" were making, he slipped into the house with the key and the two muskets. My wife having watched the proceed- ings of George, my son, and Cornelius the carpenter, through the window, and finding George had still possession of the key, bid him speed with it and find his father, and announce what had been done, what was doing, and what her situation was. In company with James I. Roosevelt, Esq. in Franklin 323 [Doc. No. 29. street, between Church and Chapel streets, 1 met a company of three or four gentlemen who inquired if I knew that the Arsenal was assailed by a mob. 1 was incredulous to such a transac- tion, but my son coming up to me at that moment, confirmed the statement, handed mc the rescued key, and while on our way homeward related the particulars of the transaction. The gentlemen referred to offered to accompany me over to the Arsenal ; I accepted the proffer, and allowed them to pass into my dwelling. On my arrival at the dweUing house, I found some of the females of my family under a great state of alarm. I endea- vored to calm them, told them not to be alarmed, and to trust to my prudence for their safety. My wife briefly related to me the audacity with which they had come to the house, and stated that after my son left, several infuriated persons came there and in a menacing manner demanded of her the key of the Arsenal ; they, among other things saying " they would not hurt her, if she would give them the key, but that she must be- ware of the consequences of refusal^ Indignant at the impu- dence of the lawless conduct pursued, that she had declared herself utterly regardless of the consequences, denouncing them as men of no principle to threaten her in a house full of females, for not violating her duty to her husband in his absence, and as a reproach she had called them "Clay men ! " She said that a fellow with a claret colored coat on, was among the most im- pudent of them ; that he in answer to her reproach, said m the most scornful manner, " We would scorn to be Jackson men, we are determined to have the key and arms ;" that she had told them they could have neither until Jicr husband came in, that he had been sent for and was momentarily expected ; that they then agreed to wait. My wife has since assured me that the fellow with the claret colored coat on, after the second assault on the Arsenal had been made, and he had obtained possession of a musket and bayonet, came before the window where she stood, exhibited 5 Doc. No. 29.] 324 his musket in derision, and made a bow of impudent triumph ! Having thrown off my over-coat, I looked through the window at the furious multitude I was to encounter, dnd saw among them some twenty or thirty muskets at a shoulder. It appeared to me that at that moment their number was about four hun- dred. I promised my wife and daughters to be prudent and wished them to be calm, and prepared to mingle with the riot- ous assemblage. Upon approaching them I found to my sur- prise that most of those present were well dressed and appa- rently respcctnble persons, many of them middle aged, but most of them young men and boys. I walked towards the nearest man who had a musket and declared that these proceedings were outrageous and insurrectionary, and requested the arms taken to be delivered up to me immediately and before I would listen to any overtures from them. Some three or four sur- rendered their muskets, when " No, No," was repeated with the exclamation " We want arms to defend ourselves, we will have them." " Give us the key." " More arms, we will have them, we have a right to them." Defend yourselves against whom ? I inquired. " Against the mob now outside and press- ing to come in" was answered. I assured them there was no such mob outside, r.nd n ) nr cessity for aims, and thai the key they should not have. I said that I believed that they were at present the only disturbers of the peace of the city, and ought to be at home in their own wards, and not here in the Sixth ward. A man stepped up to me and inquired whether this was a United Slates Arsiiial, (t'lis mm afterwards informed me his name was Johnson,) and whether I was a United States Officer ? I answered no, it is a State Arsenal. General Ro- bert Swartwoui said to me, " You are a State Officer ?" I an- swered I am and have by legislative authority the control of the military stores and ordnance of this State. Johnson stated they wanted arms to defend themselves, and insisted upon hav- ing them ; they said the Mayor was nearly killed, several per- sons have been killed ; that the United States troops in the 325 [Doc. No. 29. harbor of New York had been sent for. He asserted that all mangled and bloody, the body of the Mayor he helped to take into a house in Readc street ; that General Scott had been consulted, and told them that death from the fire of soldiery on a mob, without the presence and order of a Magistrate, was murder. Is it so ? demanded Johnson of me. It is, I replied, unless the fire is in self defence. We want arms in self de- fence was his answer. But you are a mob and not known to the laws, I replied 1 Let a legally constituted company of Mi- litia bring me a written order from the Mayor to furnish them arms, stating the necessity for their issue, and I will obey that order, but I will not obey you. The Mayor has been spoken to, said one. The Mayor has sent us here said another. Gen. Robert Swartwout asked whether I would yield arms to the written order of the Major. I told him I would give arms to an organized corps by' the Mayor's order. We are citizens and have a right, was said. I know yuu only as a mob said 1. Gen. Swartwout said he would go and see the Mayor, and went into the crowd. I was now closely pressed by a number who vociferated '• give us the key." Being hustled severely by them, I emphatically refused to give up°the key ! Some person took hokl of me and said a Magistrate was at the door of the house, who wanted to see metmmediatelv. I proceeded towards the house, and when near the back stoop, found that I was followed by several of the desperate gang. They seized me on the stoop ; two of them collared me, with iron bars in their hands ; they shook m: violently and menacingly, and fiercely again demanded the key. Beginning to lose aU patience with the insolence and vi- olence of ^these ''persons, I declared if they struck me I would strike back, but the key I would not give them. I now noticed that the man who held me by the right collar of my coat with his left hmd, held an iron bar in his right hand, and had a claret colored coat on. These two iron bars are now in my pos- session. Boc. No. 29.] 326 They then threatened to break, into the Arsenal and to arm themselves. Do it, said I, at your peril. They then left me and commenced their assault upon the Arsenal. The party with the iron bars used them at the door and the lock ; a man with a long iron bar, about six feet in length, from a shed on the left of the door, assailed the hinges of the second story window. A tall man placed l.imself oa the stone sill of the window, on the right of the door, and supported himself there by holding fast of the iron bars ; while a lad, in a blue dress of sailor's clothes, with the aid of others, got up on his shoul- ders, and so reached the only opened window shutters of the se- cond story. The lad put up the sash and entered the building, amid deafening shouts of applause fr.)m the infuriated mob be- low, when he began to pass out musko's Another or two succeeded in getting nlo the same window, by the same means. An old ladder was now fjjnd and placed against the Arsenal, so as to enter through another window, the shutters of which were thrown open. I inquired the name of the man who went up the ladder, and was informed that it was Philip Jonas ; and I have no doubt he was the man. Muskets were delivered from the second window ojjened. " Open the door," was vo- ciferated. An attempt was made to force the middle door open, from the inside, but did not succeed. vSome one said that the raising of the bar on llie north coor would open it ; and I believe it was William Mjir, for he was very active at this time. The north door was tried and open d, end a rush for arms was made from that quarter. Belts were called for, and some one answered, " look in the garret for them." I believe this was also William Muir. A man on the shed, near Elm street, at the corner of White street, was seen to be very active at that time ; and haranguing those on the outside and saying, among other things, " the friends of the Bank can have arms" and aiding such to clamber up the shed as offered ta mount it. On inquiry, I learnt his name to be " Silas E. Bur- rows!", lam well satisfied he was the man. Another man. 327 [Doc. No. 29. with a shouldered musket, harangued the armed and arming mob within the yard ; standing on the bench seat against the Arsenal, and near the northern gable end. He talked of " li- berty, good order, and the public peace." I inquired who he was, and was told his name was " Redwood Fisher ;" and I believe he was the man. Captain Johnson, being armed with a sword, flourishing it over his head, called out, with others, " fall in ;" and an at- tempted formation, in rank entire, was made. Some discussion was had, and the rank broke up. The " fall in" command was renewed ; they formed again, and then wheeled to the right, in column. Muskets, swords, pistols, banners and drums were displayed. Anxious for their safety, and that of my fellow citizens in general, and presuming that they were about to march out, with all their fool-hardiiicss, I urged some friends to endeavor to prevent so rash an act ; by representing, what I sincerely believed to be their f ite, that they would all be mur- dered in the streets by the citizens, without distinction of party. I endeavored to dissuade them from the attempt, and begged a friend to run to the Mayor's office and report these insurrec- tionary and outrageous proceedings to him ; to state my fears of the result, if the rioters should leave the yard, and to urge the Mayor to come to the Arsenal, to aid me in getting the arms returned and the premises restored, and to furnish me with additional [ rotection for the military property of the State. My apprehensions of their marching out, however, were soon removed, from the fact that when the words " here tbcy come," was vociferated by some one in the mob, the head of the column having charged bayonet, the rear and right centre broke, wheeled about individually, some leaving their muskets, and others with muskets in their hands, sought safety in flight towards the dwelling house on Franklin street. The panic having subsided they formed again. At this moment Alderman Dennis McCarthy, of the 6th ward, inquired for me, and I met Doc. Xo. 29.] 328 him at the street door; we repaired together to the yard. He spoke to the armed mob, and assured them the Mayor had not been injured; that all disturbances had ceased, and the public peace was restored. The leaders of the mob treated the Al- der.nan in the most insulting manner, and the individual in the claret colored coat was offensively impertinent to him, when he withdrew. Alderman McCarthy's demeanor and language upon this occasion was mild and conciliatory, and comported with his duty as a Magistrate bound to promote good order. Indeed, at the time I was surprised at his forbearance and mo- deration under the abuse and opprobious epithets showered upon him by the several infuriated persons in the mob. Justice Lownds of the Pdice now appeared in the yard and spoke to the mob. Colonel Jackson, of General Morton's staff, announced to me the orders of the Mayor to repair forihwith at the May- ors Office. I hastened to obey, and received the assurance at the same time of a Captain Hoyt, an officer appointed, as he said he was, (though not armed as I saw) of this armed mob, that " if I would repair to the Mayor's Office, he would endea- vor to prevent them (the mob) from marching out till I re- turned." He infornried me that they came from Masonic Hall, and that he was present at the time of their departure from that place. I thanked him without knowing what authority he might have, for I was to their disposition, to march out, (what- ever it might have been ten minutes before) now well satisfied that they believed that they, with arms in their hands, would be less safe in the street than in the Arsenal yard. I repaired to the Mayor's Office ; he inquired whether troops were necessary at the Ars-'nal; I answered they are, both to restore confidence and ensure safety even to the rioters them- selves. He asked what do you want of mc ? I replied I want your aid to get possession of the Si:ate arms in the hands of the mob at the Arsenal yard, who have forcibly seized on the State property, and set my appointment by the constituted authori- ties of this State at defi^ce. The Mayor said he would go 329 [Doc. No. 29. with me immediately, and endeavor to get the arms and pro- perty restored to me, and asked Avhether the whole of General Morton's division should not be ordered out at the Arsenal. I assented, and the corps was accordingly assembled under arms at the Arsenal yard during the latter part of the afternoon. The Mayor, accompanied by Magistrates and officers, ap- peared at the Arsenal yard, and mounted a bench seat, near the centre pump, close to the sidewall of the Arsenal, from which he addressed the armed mob. The :\Iayor was hissed by some of tJiem, and others cried out, " hear him !" " hear him !" He at length was heard, and he feelingly admonished and urged them to restore the arms of the State, and leave the premises, as the best mode for restoring the peace and security of the city. The mob finally consented to give up their arms, and turned them into the first floor of the Arsenal. Some forty or fifty muskets were discharged in the air, before they were returned by the mob, and about the same number were turned in loaded. The ammunition which the> obtained in the Arsenal was two powder horns full, which had been intended for the prim- ino- o( two six pounders, in firing a salute on the Battery, by the troop of Horse Artillery, under the orders of Captain White, in commemoration of the erection of a flag staff at that place, and the display of the city flag by the Corporation of New York, about the 3d of April, instant ; which, from the inclemency of the weather on that day, did not take place. The troops paraded, but returned the priming and cartridges un- used. This powder for priming was all the mob obtained at the Arsenal. On receiving notice, from the Committee to repair to Alba- ny, I directed eleven of the loaded muskets to be drawn, and the contents separately placed on papers. Eight of these ele- ven charo-es I have brought with me, and left them at the room of the Committee, where they can be examined. None of these contain anv lead. The first charge examined contained a large charge of powder, two wads and five stones, as large Doc. No. 29. 330 as the barrel of the musket would receive. The second a large charge of powder, wads, and twenty-three nails, large and small ; third, a stone and a marble ; fourth, eight stones ; fifth, seven stones ; sixth, several wads and two stones ; se- venth, twelve stones ; eighth, two stones. I took possession of the arms and Arsenal as soon as the arms were turned in, and requested the insurgents to withdraw. In the yard I met with Captain Johnson ; but, not knowing his name, I now de- manded it of him ; assuring him, after he gave it to me, that I should not forget him. I also met the individual in the claret colored coat, and spoke to him, but he evinced that he was cra- ven ! I gave him distinctly to understand that he would hear from me. Thus ended this infamous outrage, without cause for its perpetration, and beyond the power of justification. Having understood that the abettors in this transaction seek to justify their outrageous proceedings under the pretence that the mob, who took possession of the Arsenal and seized the public arms, did so from a desire to anticipate the electors of the 6th ward, who, they supposed intended a similar move- ment, I am compelled to state, both from my own observa- tion and the most diligent inquiry, that such assertion is totally unfounded ; and that the leaders of this mob were the same in- dividuals who, at Masonic Hall, planned and organized this glaring violation of law and order; and am, although reluctantly, impelled to the conclusion, that no circumstances had arisen to justify or palliate the enormity of the offence. Indeed, from sub- sequent investigation, I am induced to believe that the project of taking forcible possession of the Arsenal was conceived and matured with much deliberation, and was intended to have been carried into efiect at an earlier hour of that day. The fact that the mob virtually admitted that they were not residents of the Gth ward, indicates that they had assem- bled by a preconcerted agreement from various parts of the city, to consummate their illegal design. In conclusion, I beg leave respectfully to suggest the propri- 331 [Doc. No. 29. ety of an appropriation being mads for the purpose of placing the Arsenal sheds and fences in such a condition as will render them hereafter secure ; and that provision be made by law for the punishinent of those who may be guilty of similar out- rages. Uj>on a review of all the circumstances, I am convince 1 that it is inexpedient, at this time, to change the location of the Ar- senal in the City of New York. Respectfully submitted. HEi\^RY ARCULARIUS, Commissary General. rvo. 4. DOCniMESNT NO. 13. BOARD OF ALrDERME J^, JUNE 29, 1835. The following communication was read from his Honor the Mayor, in relation to the late riots, and the death of Dr. Mc Caffrey ; and a communication from the Coroner. J. MORTON, Clerk. Mayor's Office, New York, June 29, 1835. Gentlemen of the Common Council : I enclose to you a copy of a publication, made on Friday last, calling the attention of citizens to the laws prohibiting the frequenting of tippling houses, and the selling or disposing of in- toxicating liquors on Sunday, and avowing the determination of the Magistrates to enforce the laws relating to this subject. I also enclose a communication, received this morning, from the Coroner, relating to the death of Dr. William Mc(Jaffiey. You are aware, gentlemen, of the outrages committed on Sunday, Monday and Tuesday evenings of last week ; but when you last met it was not known that death had, in any instance, resulted from these disorders. 333 [Doc. No. 29. Doctor William McCafTrey, while engaged in the peaceful ex- ercise of his profession, was assaulted and beaten in the public streets, and died on Friday, the 26th instant, of wounds re- ceived from some person or persons unknown. Believing it to be the duty of the Municipal Authorities to take all proper measures to detect and punish all outrages on the lives and property of the citizens, I submit to the Common Council the propriety of offering a reward for the discovery of this atrocious outrage. Whether the public good requires that extraordinary mea- sures should be resorted to, for the detection of those who com- mitted the various other acts of violence alluded to; or whether it is expedient to authorize the Mayor to issue a proclamation and offer a reward, in any future cases which may occur, of in- terruptions of the public peace, I submit for your consideration. C. W. LAWRENCE. New York, June 29, 1835. To the Honorable Cornelius W. Lawrence, Mayor, 6fC. : My Dear Sir — Agreeably to your request I transmit a statement of the principal facts, connected with the outrage committed on the person of Dr. William McCaffrey, which has unfortunately resulted in his death. The following is an extract from the certificate rendered to me by Drs. William J. Macniven, Hugh Sweeney, and David L. Rogers, the Physicians who made the post mortem exami- nation of the deceased : " As the result of this examination, the undersigned are of opinion, that the late Dr. McCaffrey came by his death in consequence of the wounds of his head and chest." From the circumstances detailed in the evidence taken before Doc, No. 29.] 334 me, it appears, that on Sunday evening, the 21st instant, the de- ceased left the house of Mr. Charles Macgunnigal, No. Ill Anthony street, between eight and nine o'clock, to visit a pa- tient at No. lOS, nearly opposite. A short distance from the door he was knocked down by a stone, or brickbat ; on at- tempting to rise he was furiously assailed, and beaten with clubs. The deceased stated, in conversation with his brother, that he was attacked by a number of persons, none of whom could he identify; and that he was entirely ignorant of the cause of the assault. He died about ten o'clock, on the morn- ing of Friday, the 26th instant. The verdict of the Jury was, " That the deceased came to his death by reason of blows inflicted on his head and chest, by some persons unknown to the Jurors." I am, Sir, very respectfully, Your obedient servant, WM. SCHUREMAN, Coroner. The following resolution was presented by Alderman La- bagh, and adopted by both Boards : Resolved, That his Honor the Mayor be, and he is hereby authorized and requested, to issue a proclamation, and offer a reward of one thousand dollars, for the apprehension and con- viction of the person or persons engaged in the riot on Sunday night, and who assaulted and beat Dr. William McCaffrey, which caused his death on Fridav, the 26th instant. No. 5. New Youk, 7th January, 1838. Aaron Clark, Esq. Dear Sir— Your note, of the 6th instant, is before us and noticed. In reply, we can only say, we considered ourselves very fortunate at the time in getting off as well as we did. The whole damage that we sustained would not exceed fifty dollars; and that amount is made up from bursting open the store door, at which time they spoiled an over coat of one of our clerks, worth some twenty-five dollars ; and for extra Watchmen, for a few nights subsequent. Respectfully your obedient servants, E. & J. HERRICK. P. S. We handed your letter to our brother, S. H. Her- ficki who received considerable damage from the flour rioters. He will probably report to you the amount of damage sus- tained. No. 6. New York, January 10, 1839. Honorable Aaron Clark : Dear Sir — Your favor, of the 6th instant, was duly re- ceived, and would have been answered before, but it took us some time to get the bills of damage sustained by the mob riots of 1837. Repairing store . . . . $ 74 11 Flour destroyed . . . . 108 00 Extra men to watch, &c. . . 30 00 !12 11 As to an accurate calculation respecting the fears of per- sons who ship property from Europe or the Western States, wc cannot say ; but we have frequently had it suggested, that it was dangerous to have flour stored here during the winter, as there was no security from Corporations or underwriters, where property was destroyed by those mobs. Very respectfully, Your obedient servants, S. H. HERRICK & SON. No. 7. T© THE ELECTORS OF THE CITY AND COUNTY OF NEW YORK, DC/^ It being understood, that at the last Charter Election, the Federal Inspectors of Elections assumed the power of re- jecting legal votes, tendered to them by electors who offered to comply with all the conditions, and possessed all the qualifica- tions required bylaw; and that the Inspectors intend to pursue the same course at the approaching election in November, the Democratic Republican General Committee of the City and County of New York, have thought it their duty, under the advice of Counsel, to submit to the electors the following statement of their rights : The following sections contain the law, and the whole law, respecting the qualifications of voters, except as it regards per- sons of color : " Every male citizen, of the age of twenty-one years, who shall have been an inhabitant of this State one year next pre- ceding any election, and for the last six months a resident of the county where he may offer his vote, is entitled to vote in the town or ward where he actually resides, and not elsewhere, for all officers that now are, or hereafter may be, elected by the People." " If anv person offering to vote snail be challenged as un- qualified by an Inspector, or by any other person entitled to vote at the same poll, the Board of Inspectors SHALL declare to the person so challenged, the qualifications of an elector." Doc. No. 29.] 338 " If he shall state himself to be duly qualified, and the chal-- lengc shall not be withdrawn, one of the Inspectors SHALL- then tender to lihn the following Oath : " You do swear (or affirm) that you are a citizen of the United States, of the aoe of twenty-one years ; that you have been an inhabitant of this State for one year next preceding this election, and for the last six months a resident of this county ; that you are now a resident of this town, (or ward, as the case may be,) and that you have not voted at this elec- tion." " If any person shall refuse to take the oath so tendered, his- vote shall be rejected," It will be perceived, therefore, that the law has very properly given the Inspectors 7io discretion to judge of the qualifications of the person tendering his ballot, hut that it is their DUTY, on the challenge being made, to declare to him the qualifica- tions of an elector, aud that if he shall then state himself ta he duly qualified, ONE OF THE INSPECTORS SHALL tender him the oath ; and they are ALL liable to indictment if they do not. Although there may be no objection to answer a civil ques- tion of the Inspectors, where it is honestly asked for the pur- pose of obtainmg information, and not for the purpose of em- barrassing the elector ; still they have no legal right to ask any questions of the voter, and he has a right to refuse to answer any such questions, to declare that he is duly qualified and claim to have the oath administered to him. Neither have the In- spectors any right to require of the voter the production of any papers, or any other evidence of his qualifications, except the oath ; and if the voter swears falsely, the remedy is to in- dict and punish him for the perjury. To our adopted citizens particularly, we would say, that the- Inspectors have no right to require the production of their na- turalization papers ; but that if they know themselves to be naturalized, and to possess the other necessary qualifications, it is their right and their duty as good citizens, to demand that 339 [Doc. No. 29, the oath be tendered to them. It may, notwithstanding, be well for them to have their papers with them, if convenient. The following section of the act will show that any Inspec- tor (who, after the voter shall have declared himself to be duly qualified,) shall refuse to tender the oath, is liable, not only to a civil suit for damages in favor of the voter, but to a criminal prosecution for a misdemeanor ; *• If any officer, on whom amj duty is enjoined in this Chap- ter, shall be guilty of any xoilful neglect of such duty, or of any corrupt conduct in the execution of the same, and be thereof convicted, he shall be guilty of a misdemeanor, punishable by fine or imprisonment ; the fine in no case to exceed the sum of 500 dollars, nor the imprisonment the term of one year." The General Committee have thought it their duty to pub- lish this statement, because, if the Inspectors are permitted to disregard the law, and to substitute, in the place of it, their own discretion, the Elective Franchise, in high party times like the present, will not be worth possessing; and the Committee do hope, that the electors of the City and County of New York will adopt the above suggestions; and further, that in every case of a neglect of duty on the part of the Inspectors to tender the oath or otherwise, they may be prosecuted with the utmost rigor of the law. By order of the General Committee. ELIJAH F. PURDY, Secretary. New Era will please copy. Evening Post, November 1st. No. 8. R E P O RT FROM THE COMPTROLLER IX RELATION TO OFFICERS ATTENDING ELECTIONS. Resolved, That the Comptroller report to this Board the number of Watchmen and Deputy Marshals appointed, and who received compensation or who claim the same for attend- ance at the polls during the recent election, the amount of com- pensation paid to each, where employed, under whose direc- tions they acted, and by whom appointed, and the amount, if any, paid for refreshments. Br Eluah F. Plrdy. Comptroller's Office, Dec. 31st, 1838. To the Honorable the Board of Aldermen of the City of New York: In obedience to a resolution submitted by Alderman Purdy of the lOlh ward, which is in the following words, " Resolved' That the Comptroller report to this Board the number of Watchmen and Deputy Marshals appointed, and who received compensation, or who claim the same for attendance at the polls during the recent election, the amount of compensation to each, where employed, under whose direction they acted, and 341 [Doc. No. 29. by whom appointed, and the amount, if any, paid for refresh- ments," ihe undersigned respectfully reports : That there were employed during the recent election the following number of Watchmen to preserve the peace, under the direction of his Honor the flavor, with the stations at which they were located in readiness, at any moment to act under the orders of the Police Magistrates or Members of the Common Council, to prevent or suppress any disturbance which might occur. Capt. Haydock — 1st District. Court Sessions, Parh. 37 men 5th, 6th, 7th Nov. elections, 3 days each 16s 6 men 2 days each 16s. .... 6 men 1 day each IGs. .... 1 Captain 3 days 16s. . 2 Assistant Captains 3 days each 16s. Capt. Scott— 1st District. Alms House, Parh. 27 men 6th and 7th Xov. 2 days each elec- tions 16s. . . . . 81 OS 00 Franklin Market. 9 men 1 day each 16s. . . . 18 00 1 Captain 2 days 16s . . . 4 00 2 Assistant Captains 2 days each 16s. . 8 00 ;. §222 00 24 00 12 00 00 12 00 13S 00 Capt, Knapp — 2d District. Watch House, EMridge Street. 66 men 7th Nov. Elections 1 day each 16s. 8132 00 1 Captain 1 day . . . . 2 00 1 Assistant Captain 1 day . . 2 00 136 00 Carried forward §550 00 32 00 114 00 6 00 12 00 212 00 Doc. No. 29.] 34*2 Brought forward . . $550 00 Capt. Batchelor — 3d District. 5lh, 6th, Sessions Room, Park — 7th, Sessions Room, Park, ])art of day, and ordered to Mercer Street. 24 men Nov. 5th, Elections 1 day each IGs, $48 00 16 men Nov. 6th, " 1 day each 16s. 57 men Nov. 7th, *' 1 day each 16s. 1 Captain 3 days 16s 2 Assistant Captains 3 days each 16s Capt. Wheeler — 3d District. Harlae7n and City HalL 50 men 2 days each 16s. . , . $200 00 1 Captain 2 days IGs. . . . 4 00 2 Assistant Captains 2 days each 16s . 8 00 212 00 Capt. Demarest — 4th District. Alms House, Park. 66 men 1 day each Nov. 7th , . $132 00 1 Captain 2 00 1 Assistant Captain . . . . 2 00 136 00 Capt. Teel — 6th District. Bazaar, Crosby Street. 81 men Nov. 6th, 16s. each . . $162 00 93 men Nov. 7th, 16s. each . , 186 00 At Aldermen Whitehead's, in charge of ballot boxes. 2 men Nov. 7th, 10s. each . . 2 50 1 Captain 2 days 16s . , , 4 00 1 Assislant Captain 2 days 16s. . . 4 00 358 50 Carried forward . $1,468 60 3i3 [Doc. No. 29. Brought forward . . $1,468 50 Capt. Van Benthuysen — 6th District. Halls of Justice. 29 men 5th, 6th, 7th Nov. 3 days 16s. 7 men 2 days 16s. 51 men 1 day 16s. 1 Captain 3 days 16s. 2 Assistant Captains 3 days 16s. 82 men half a night each 10s. 1 Captain half a night 20s. 2 Assistant Captains half a night 16s. At Alderman Cronus'. 4 men in charge of ballot boxes 20s. 7th Nov 10 00 2 men in charge of ballot boxes 10s. . 2 50 3s. 8174 00 28 00 102 00 6 00 12 00 51 25 1 25 6s. 2 00 At Alderman Whitehead's. 2 men in charge of ballot boxes 10s. 2 50 391 50 $1,860 00 The undersigned respectfully reports that the following num- ber of Officers were stationed at the different polls as desig- nated. As to who were appointed Deputy Marshals, I cannot answer. I give the account of Marshals, Constables, &c. em- ployed as rendered with the certificate of the Inspectors of Elections of their being employed, and the approval of the Mayor that tliese accounts are correct, which is my authority for payment under the Oz'dinances. 1st Ward. 4 Officers, 6 days each, 24 days 10 « 3 " « 30 " 54 days, $2. $ 108 00 Carried forward $1,968 00 Doe. No. 29.] 344 Brought forward . . 81,968 00 2d Ward. 7 Officers, 6 days each, 42 days 6 " 3 " " 18 " 60 days, $2. . 120 00 3d Ward. 6 Officers, G days each, 30 days 2 « 4 « « 8 " 44 days, $2. . 88 00 4th Ward. 18 Officers, 6 days each, 108 days 2 « 2 " " 4 " 112 days, $2. . 224 00 5th Ward. 7 Officers, 6 days each, 42 days 42 days, $2. . 84 00 6th Ward. 1 1 Officers, 6 days each, 66 days 1 « 1 .^ « 1 « 67 days, $2. . 134 00 7th Ward. 15 Officers, 6 days each, 90 days 1 « 3 « « 3 « 93 days, $2. . 186 00 Sth Ward. 10 Officers, 6 days each, 60'days 8 « 4 « « 32 " 1 " 3 « u 3 u 1 " 1 « " 1 " 96 (Jays, $2. . 192 00 9th Ward. 5 Officers, 6 days each, 30 days 9 " 3 " " 27 " 57 days, $2. . 114 00 10th Ward. 6 Officers, 6 days each, 36 days 5 « 3 " " 15 " 8 « 1 « « 8 " 59 days, $2. . 118 00 Carried forward . . . $3,228 00 345 [Doc. No. 2U. Brought forward . . $3,228 00 11th Ward. 10 Officers, 6 days each, 60 days, 60 days, $2. . 120 00 12th Ward. 3 Officers, 6 days each, 18 days 10 " 4 " " 40 " 1 « 2 " " 2 " 4 « 1 « " 4 « G4 days, 82. . 128 00 ISth Ward. 6 Officers, 6 days each, 30 days 10 " 3 " " 30 " GG days, $2. . 132 00 14th Ward. G Officers, G days each, 36 days 13 " 3 " " 39 " 1 « 1 « « 1 .. 76 days, $2. . 152 00 15th Ward. 10 Officers, 6 days each, 60 days, 60 days, $2. . 120 00 16th Ward. 5 Officers, 6 days each, 30 days 17 " 5 " " 85 " 115 days, 82. . 230 00 17th Ward. 16 Officers, 6 days each, 96 days, 96 da^ $2. . 192 00 255 Officers. 1,221 days. $4,302 00 The High Constable had 13 Officers to preserve the psace in the 6th ward, during said elec- tion, 3 days each, at $2 78 00 * 84,3S0 00 No payments were made from this Department for refresh- ments furnished any Officers. All which is respectfully submitted. D. D. WILLIAMSON, Comptroller. No. 9. Comptroller's Office, January 15, 1839, To THE Hox. Aarox Clark, Mayor of the City of New York. Sir, — In answer to your inquiries relative to the expenditures for quelling riots for some time back, the following is the re- sult, commencing at riot at the Charter Election of 1834. Paid extra Peace Officers, Watchmen, &c. . $1,150 40 Do. do. and refreshments . . 544 22 0fj>W JH^^ 81,694 02 ■' ' ^mK^ <:^^ =^==^ There was paid for same Election for Officers attending the polls $757 25. Expenses of Riots in July, 1834. For Officergi^ $ 852 00 " Watchmen 3,791 13 " Refreshments 2,383 31 " Sundries 305 25 87.331 69 347 [Doc. No, 29. Paid Watchmen, Riot April, 1835 . . S58 37 Paid Watchmen, Riots 23d June to 4th July, 1835 82.869 32 1836. Riot of Stevedores — for ammunition . . 8 75 00 Officers extra services . 300 82 8381 82 Riot in March— Extra Watch . 8 40 00 « May— Extra Officers . . 9 00 " June and July, extra Officers and Watch . . 164 00 8213 00 1837. Riots 13th and 14 th Februar\% and 6th March, and 29th April. For Officers extra services . . . 8 141 00 " Ammunition . . . . . 117 00 " Refreshments — military . . . 349 00 " Extra Watch 1,731 50 82.338 50 Preserving the Peace 10th May, 1837. For Officers to protect Banks . . . $ 46 00 " Ammunition for Artillery . . . 09 00 " Refreshments and Extra Watch . . 709 75 8824 75 Doc. No. 29.] 348 In Autumn of 1838. Preserving the Peace during the Lectures of Fanny- Wright at Masonic Hall. For Police Officers $ 53 00 " Extra Watch, &c 271 50 $324 51 Respectfully submitted. D. D. WILLIAMSON, Comptroller. No. lO. DOCUmZENT NO. 30. BOARD OF AIil>£R|]?IE]V, FEBRUARY 6, 1839. The follo"wing report was received from the Commissioners of the Alms House, in answer to a resolution calling upon them for the amount of expenses for refreshments furnished to the Watchmen and other Peace Officers, during the late Elec- tion. Which was laid on the table and ordered to be printed. THOMAS BOLTON, Clerk. Resolved, That the Commissioners of the Alms House re- port to this Board the expense, if any, incurred in furnishing refreshments to Watchmen or other Peace Officers, during the recent election. By Elijah F. Purdy. The Commissioners of the Alms House ask leave to report upon the annexed resolution of the Board of Aldermen, that on the evening preceding the first day of the late election in this LIBRARY OF CONGRESS Doc. No. 30.] 350 flfl!'^ city, they were called upon by his Honor the Mayor, with the request that provision should be made, at the Old Alms House, to supply refreshments to such number of Watchmen and others, as he should deem proper to have quartered in the Ses- sions room during the election. That they did make such pro- vision, partly from the ordinary provisions of the house, and partly from purchase for the special purpose ; and supplied over three hundred persons for three days. But inasmuch as the charges attending this are merged in the other bills of the esta- blishment, the amount cannot be reported with precision ; but it is estimated, by the agent, to be about four hundred and fifty dollars. At the close of the period referred to, the provisions remaining was sent to the Debtors' Jail and City Prison. The Commissioners respectfully request that the Comptroller be instructed to place the said amount of four hundred and fifty dollars to the credit of the Alms House Department. Respectfully submitted by the Commissioners. P. W. ENGS, Chairman of Commissioners. ■^ n \y . f\/i7 \ LIBRARY OF CONGRESS 014 220 376 5^