The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1858-01-23
Swami on LisJH.


Councils on Monday. lie is justly severe on
the late Gov. Lyon fol his attack on Ba!t-
more City:
The ford picture presented by his Excel.
lency shows to what extent persons at dis
lance have been nislcd by the Statements Of
liccntlouS press. If that picture has created
surprise, III no quarter has it been greater
than here, among those who We're witnesses
Of the scenes winch his Exccilcncy has at.
tempted to describe. If ii be true that in the
elections to which he has referred. d, mocra-
TIC voters have been the sufferers. it is a Sig
niiicanL fact known to our people, but rrver
yet satisfactorily explained or accounted fer,
that iii one of these. at least, The onlJdsablcd
victims rere HE oGicrrS Of police, acho wcte
hAed or wom'dcd by he ttuyy Meir asSmt-
diiS.
1t is well known that until within few
years past this city has been, with but On Sual
mteimls>i"ns, under democratic rule. That
party held possession Of lta patronage and its
olbtcS. In the fierce conflicts which marked
their struggles with their old wing adycr.
SaileS, ehey were charged, with what truth
the remnant OF that party can best answer,
with maintaining their existence By force,
whenever occasion required it. 1t was char
polls that clubs, whose effect encouraged A
spirit Of turbulence, inundated the ucople
that pcacrablc citizens were ccprvrd of th,ir
franchise; that frauds were pcrpctratcd with.
out hinlrancc; that houses were sacked
printing Offices outraged, and other acts of
lawlcsStcss permitted to 90 unpublished by
those IN whose hands the authority rested.
This state OF things, SO loudly complained
OF at the time, led TO the passage by the
Legislature III 1887, Of law. directing the
registry OF the names and residence Of voters
AS an ci.ectual means Of correcting these
evils.
AT subsequent period by ordnance of
the City Council, approx d Jane %. 1856, an
attempt Was made to arrange IL division of
the several wards of the CITY Ct Baltimore, to
prevent undue crowdng at the polls, and
thus facilitate the voting in the different pre-.
cints.
With the aid Of these important measures
1t can readily lc seen that much Of the con.
fusion which has prevailed at the recent cleo
ions might have been cllcctually prevented
but 1t Is well known that the former measure
vas repealed by Democratic votes in 1899
and the latter thwartod by well known
movement Of the B,moclntic party in the
City Council in 1856.
The Journals of the Council will show that
From the eighth Of August, 1856. until the
eighth OF October Of the same year Il qourum
Of that body was steadily defeated by the alb
sencc of a number of the Democratic members
1t may be that frauds have been pcrpetra-
ted as the Governor supposts. But these are
incident in more or less degree, to all the
elections that bave ever taken place in our
city, and have been confined to members Of
no particular party. 1t may be that, owing
TO the crowded state of some Of the wards.
nativc-boln citizens struggled to take prrce-
dcnce OF the foreign. who only few DAYS
before had Gccn ADMITTED to The rights Of
citizenship.
W ME sunh occurrences are common TO all
excited elections, his EXccllcncy would have
found that the rcpmtuHed laws to which |
have referred, would have done mere To re
store dc and prevent fraud than tic bayo-
nets of all the military that could have been
thrown into our streets.
resort t. military force in time Of peace
BY the governing power of Sac, must al
ways be viewed with alarm, and our consi-
tuition has clearly defined the powers, as well
as the restraints, imposed upon It's Executive
in cases of great cmerg' ucy. The whole
theory Of our government is opposed to the
application OF snlitary force, unless in strict
suho!dinalon to a civil power, and an at
tempt from any quarter to wrcSt from com
munity like tlil> comprising nnc-haf Of the
numerical strength of the State of Maryland,
the direction and control Of its municipal re-
guiations, would he violation of the iunda-
mental principles of the government under
which we hive, and could only he accomplish
ed by revolution and blood>hcd.
1t is mach TO be regretted, that the spirit
& ,Nn Il,
favor the expectation, that a body Of six
thousand men. or even double that numb,r,
could be thrown in contact with the polls on
the day of an election in direct conflict with
the highest legal authority. without deter
mined resistance on their art: and that in
the event Of such resistance the military
could have been able to maintain their ground
in opposition to united public sen
timcnt The power of all fee government
rests with the people So jealous has been
the State of Maryland in the delegation Of
her power, that she has provided the most
safeguards for her protection against usurpa-
ton or abuse. The military arm is he'd sub
jcct to her control by wise provision Of her
constitution, which prohibits the Executive
from commanding in person without the en-
press assent Of the Legislature. The whole
spirit Of our constitution and declaration of
rights proclaim this feature Of popular SOW
elcignty, whether in reference to limited com
munities or the State at large. The consti-
tu,ional provision which imposes upon the
Executive the duty Of scriug that the laws
are faithfully executed, is cicH and not a
military rcquirement-looking to the courts
and the Legislature, and not to The employ
ment Of force. &" In all cases and 1t all times
says our declaration Of rights, "'thc military |
ought to Dc under strict suboldnation 10
and control Of the civil power"
The Governor seems to be somewhat con-
fused in his understanding Of this plain de-
claration -" In authorizing the use Of the
military" says his message, the Executive
necessarily acts as ommanderin-chcf, but
under the constitution, he cannot Of his motion
forcgo in the minutcst degree, his civil capa-
city," That is to say, the 9;h section of the
2nd article of the Constitution expressly pro-
vides that 4" the Governor Shall not take the |
command in person without the consent of
the Legislature" He admits that in order
ing the use Of the military, the Executive acts
as commaaderin-chaef, and seems to conccdc
that his power is exhausted when he orders
the mi!irary to be euotlcd aud caltd om.-
= The direct military command OF theforces,'