The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-07-18

Banks in his proclamation OF June 9Th, and they
Confidently assert their conviction that his aIlapa
ton to the contrary was founded upon false nfnrma
ton, communicated to him by designing persons
and cannot be sustained or countenanced by credi
Die evidence OF any sort But even if your memo
rialists were ard altogether mistaken in thes
partcuiars IT the Marshal of Police had b-ep
Iaithiess to his obligations charged and had been
wiling or ab e to seduce the men under his Com
mana from theirs also; it was still only necessary
ior General Banks to furnish the Board OF Police
WIN Tue slightest evidence to that eecr and your
memoralists wOuld have given to his sugcestions
me most prompt and respectful constellation =
ihey would have suspended or removed the Mar
shsi, II such action had been proper and vopId
nave placed beyond question their own disposition
and ability to discharge the whole of tha;r dn -
In the premises. II General Banks even witbcn,
adviSihg them, had seen fit to arrest the Marshal
OF foIice upon any charge which might have been
ueenea sufficient to justify such STEP your me-
nofial;sts would have taken care to govern the M
fnemen F'' "1''" MS 'oh-
The legality of such arrest would have been q
question Tor Col. Kane and not your memorialists
TO consider, but either of the courses rrnro.toJ 4
would have fulfilled the purposes and ho va So ~
TnHigehcy - announced in the proclamation. General
pdhNs, acting doubtless in conformity with his or
uetS, adopted neither the course nor the other
cut assuming jurisdiction not obly over the
OF an alleged offender but over his official functinn
ikPwise, saw tit not only to arrest and imprison
HIM, but to dismiss him from his place as a nnhIc
oincer OF this State (Which only your memorialists
could lawfully dO), and to sunerssda tho Ia ~ FL
aurhorlty "t your memorialists besides
knowing that such a proceeding couId not bv
Possibility, be jusifis d BY anything in the laws cy
consultation OF Mary land or the United States
your memoiiaiiSIs were compelled bv evarv con-
sderation OF sworn duty, to treat the sama'ss on
aroirary act OF force and usurpation no matter nv
whose orders it might have been committed ar
Enuer "hat pretezts it was sought to be excused
NO construction which it was possible for them to
give to the proclamation of the 9th of Jupe cn,id
nave brought them to any other conclusion than
that 1t was their bounden duty to enter their pro
test against it. ~ P'
They therefore deny that the construction which
thev adopted was either ''rorced" or "unwarrent.
ole, rs charged in the proclamation of July
an" thy enphaticaly protest against the truth of
e ~ 'her ale Iatlon contained in the latter dNcu-
ment, to the effect that their official course unon
m .he occasion was dictated by a purpose to "leave
tne city without any police protection whatever d,
II Indeed they had entertained such purpose thev
respectfully suggest that it was not a matter with
Whlch any officer OF the Federal Govarnmo,t had
ny iSnt'ui concern, how much soevpr it would la
iufhlShra their feow-ctizeus with inst cauga nC
c"llP'"iht. But they entertained no such purpose
" .n '"htrary they aver and are prepared to show
anat when Gen. Banks, by his proclamation of Inn,
- '', interrupted the exercise of their lawful au
thority, the city was thoroughly protected in all
PARTICULARS, oy your memOriasts and the force
ehuer their command; that its tranquility was per
lect It's peace was neither disturbed nor threaten
=
were lnviolate the civil authorities of tho Stora
ana CITY were In the beneficial and effective eyer
else of ali their functions, and The laws wara su
pteme' Except In so far rs interfered with by the
HihtarF power. Ii, therefore, the cty was l.ft
without protection, on the 9th of June il was III,
iaul', ana upon the responsibility, not of your
memnrialists, but altogether of that Department
VI 'e Urhera' Goyernm-nt, by which the consti-
tGted authorities the State were supersedei and
their vitality. F "
II General Banks himself were upIawfplIv suner-
seuec by force, he surely would not regard it rs
lust, In MS captors, to accuse him of leaving his
Department without protection because he ratIsad
as man "t courage and honor to acoui.sc. in
thelr violent suspension and assumptinn of his
innctlnns Your mem0rialists claim to b. JUDGED
0ihciaHy and personally, by no lower standard OF
dignity, responsibility honor. As public Off
Gers. and men of ordinary integrity it must be oh
vious to your Honorable Bodies that thev uld no,
lend themselves, in any way, to what thry knew
to be palpable violation of the law thav had s,r
to support.
They could not transfer or acouiasca in tho
transfer to General Banks or Colonel Krniy Gr an
authority which the law commanded them +, eyer
c.Se exclusively themselves: They could not au
th"rIzt their police force to serve under any
com nand Or control but their own in the face or
the express provis ms of the lav t. the contrary
Ihry could not expose their officers and men to
ci'lt and criminal responsibility by leaving them
on duty, under unlawful orders, which could f. rd
them no protect n before the tribunals oi in ticc
Y our memnrialists had no choice therefore mt 10
protest as they did; to declare their force off dntv
ana leave the military authority to deal on ils n
responsibility, with the exgency it had seen fit to
create. "
;, In entering, thus at large, into discussion of
the grounds set up by General Banks in iustilica-
uon OF their arrest, your memorialists have b.er
governed altogether, by desire to vindicate their
official and personal character and copduct fr m
untounded and disDaragiog imputatious and tn do
monstrate the gratuitous character of the i,ius,c
IN
they are IN no wise to be considered as tharehv
recognizing, Tor an instant, the right of the War
Department, or of any officer acting Hereunder to
proceed against them in the mode adopted. even if
the accusations which they have rep4lled were ner
ectly well founded The State of MARYLAND is one of
the States of the Union. She is at peace with tba
Government. Her people are disarmed and ber
territory is occupied by an overwheming rnilitsr1
iorce Martial Law has not been procl aimed among
her people, but the contrary all Intention IN snf
II up o enforce 1t Is dsavowed, in the most ex nil
CIT way, in the proclamation of June 27th. The
federal Courts and those of the State are in full
ana undlsturbed operation, so far as citizens not
belonging to the military force are concerned and
process Is served, without obstruction and is obeyed
without resistance By all except those in military
authority.
II, therefore, your memorialists were CHARGED
with any offence known to the law, there was and
Is nothing to prevent their arrest and detention nv
the CIVIL arin IN due course, and upon proper and
lawful warrant supported by oath, as prescribed
%.
spectlu'ly submit, that in the proclamation bv
which their arrest sought to be Justified there is
no allegation OF any matter or thing which if
sworn to IN proper form of law, would authorize
the issuing ot process against them by any Judi
tribunal If they were unfortunate as to place IN
erroneous construction upon the first proca tion
of General Banks as he alleges they are mot aware
OF any statute of the United States which renders
such a mistake penal offence.
II it be crime, on their part to regard ne i'll,
gal and wholly null, the attempted suspension bv
a Federal officer, of their functions as constitntsd
authorities OF the State of Maryland, they have
Deen unable to learn by what provisions of the
Constitution and laws such offence is created or
defined. If they are lawfully punishable for hold
ing, subject to their orders police forca which
the laws of Maryland made it their dutv so to hold
and for refusing to recognize as pubic officers of
Maryland the appointees of General Banks whom,
they were bound under the laws of MARYLAND n
prosecute as offenders, for attempting to exercise
police functions, they at loss to conceive urdr
what head of the penal law such crimi,ality M
their part exists.
They mean no improper reflection when they as.
sert their belief that law officer of the Cavern
ment would venture to ask for a warrant upon an
atldavit OF the facts recied in the proclamation o
July lst and that no competent tribunal ", Md
hesitate to quash such warrant if issued Th.v
know no principle of criminal jurspru1erce ce under
free Institutions, which would authorize even tbr
Courts of recog lied jurisdiction to sanction the az
rest ana confinement OF cltiZ-n upon the indefinite
allegation OF nis entertaining "some uurpase not
known to the G"v-rnm-nt," but still alleged to be
"ioconsistent with its peace or security"
But be this as 1t may these memn-ialis.s respec,
iuily insist, that If they are charged with any
offence which is known to the laws il Is their cn
sIltutnnal right, citizens of the United States
to be dealt with accnrd ding to law If they ar,
charged wish no such offence, it is equally tn. il
constitutional right to have the fact r. gniz d
and to enjoy their personal liberty. Thpv have
through their counsel, respectfully asked of General
Banks statement ct the grounds of their impri,
s"nmenf, and have challenged an investigation OF
any and all charges affecting either their person
or official Integrity or their fidelity the la cs nd
the Constitution. No such statement has been mi
to them; such in cstig aun has been granted and
no hope has EN- held our to them of any speedy re-
l+t from the unjust and unlawful impt isonnent
under which they are suffering In the meaptim..
they are wlthd avn from their HON and SEPARATED
from their families; their public duties are uulaw-
'uliy committed to othe" hands; th.ir private in
terests are exposed to detriment and p1rhaps ruin
and they themselves are held, as mai-factnrs b..
tore the country, and compelled by force to en-
dure modification and obloquy The arbitrary
Suspension of the writ of hnbeas coruus has -
course deprived them Of the means provided BIZ law
for their de'iverance, and unless your Honorabl,
Bodies should see fit to relieve them, they ar,
wholly without means of present redress
They therefore most respectfully and earnestl,
invoke the immediate lnterpOstiOn Of Congress il
their oehalt. They repeat that they have admin
lstered their public trust faithfully, impartiaIy auc
10 the best OF their ability, and have used tn,
| Police force under their control, nor have they
permitted it nor contemplated permitting it t" be
| used for any other purpose, than the Legitimate
and faithful discharge of its du les, prescribed
| by law As private citizens, they invite scrutiny
| likewise, into their conduct, in every respect il
which it may be lawfully impugned, and they
assert their readiness to meet, without q mo
ment's delay, any charge which NAV b.
responsibility laid against their individual o.