The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-06-29
g}AI1'IINORI.
SATURDAY, JUNE 20, Is


We publish in another column, communlca- {
ton from Gen BANKS to Col. kENLY, in when tne
former funcouary endeavors to escape me respou-
sibilitv of his outrageous and illegal pfocFeu'"s'
of Thursday, by attempting to thro" upon '"e
Commissioners of Police the odlnm Wh'ch oe'o"se
TO his own usurpation. He had no idea' WHAT
ever he beuignly says, Of interfering Win Inc
no,ira force Mt all. He only arrested and lmprl-
sorsd the Marshal and suspended the lawful iunc-
tions of the Board, by force, but it was his gra-
cious intention that the rest OF the ms. h'nery
should 90 on IA usual ''If' therefore, "any
snrovision OF the law fails to be executed, it will
nbe the choice of the city" If the Board of Po-
lice are not content to he suppanted, and the COM
munity at large are not delighted to be governed,
by Maior-General and Il Provost Marshal, 1t is
their own fault and ingraftude, and they must
take the consequences. Let no one suppose that
Maior-General BANKS or Colonel kENLY mad any
thing whatever TO do with appointing all the row.
dies and rufiians of the SWAMI dynasty TO rule
over us again. They could not help lt-not they!
1t happened altogether from the necessity imposed
nnon our protectors 'to avoid the anarchy which
sit was the purpose of the Commissioners to bring
'upou the city ~
Really it is bad enough to be compelled to sub
nit to iniquities such as are daily pracuced
by the Government of the United States, through
its authorities among u.s. without being suoJ ected
70 the insult which is offered by such document
TO the public intelligence. From the glibne8s with
which Gen. BANKS referred to the Police Law in
his proclamation of Thursday, it might have been
supposed that he had condescended to read IT.
1t is quite apparent now that he has never seen
line of it. and being a veteran soldier of at least
fortnight's standing, he obviously supposes that
the police system of this city is framed altogether
upon military principles, and that when heremoved
the Board and the Marshall it was as if he had
removed General and Coonel-leaving the
army still organized, to be governed by their sue
cessors. Our people do not require to be told that
this Massachusetts exposition of Maryland law is
as absurd as the preension to set it up is inso-
lent. The act Of 1860, under which the police OF
Baltimore alone legally exists, repeats al! other
grants of police authority, and vests all police
powers in the Commissioners, upon whom il i'm
poses all police duties. The subordinate officer:
and men have no Independent official existence
o''N'-
to the Commissioners, in terms, in order 'o ena
''he the said Board to perform the duties imposed
Con them" Not only the Board authorized
and directed to frame all needu laws and regu
latous for the government of the force, but the.
are clothed with the exclusive control of its off
GERS and man, who are forbidden, by the law, It
obey any other orders than those of the Board, O
10 receivesny pay except through the Board. Eyei
the Mayor and City Council and all the officer
of the corporation forbidden to in
terfare with the Board, in any of the particular
enumerated, AMI none of them can appropriate o
disbur.e dollar for the pay Of the police, unde
heavy penalties, except upon the requision o
the Board aud to be received and applied by tn
Board ouly. Even the whole corporate powe
of the city to collect taxes for police purposes
taken away, except in conformity with these pro
visions and for the support of the police force
organized, employed and governed by the Boart
Twins
moustrous absurdi'y of ascribiug any possible
legitimacy or validity 10 the interference of &
United States military offer with the internal
laws and administ alton of a municipal corpora
ton OF Mary'and-it is, on the face 0: the Police
Law itself, simply impossible for the police system
or police force of Baltimore 10 C ntinue one mo
ment lawfully in active operation, after the sup
preston of the Board by force. The law contin
ues, because force cannot repeal a law. Th
Police Board lasts, because the law creating it i
unrepealed. The police corps continues unde
pay and in the service. because, appointed
the men cannot be removed for five years, unde
the law, except for cause 'after a hearing by tn
"Board, who are hereby vested with excusiv
jurisdiction in the premises" But the Boar
cannot delegate its powers; all the Provost-Mar
shals and Major Generals in the country ar
legally incompetent to exercise them; and tn
officers and men cannot lawfully ohey or &C
under any command or control but that of tn
Board. II they were to attempt to do so, the
would not only be subject TO immediate su:
pension and removal under the law, but the
would be trepassers, whenever they attempted
exercise a police function. They would be,
Gen. BANKS, Col KENLY, and all their subord
nate policemen are, subject TO criminal prosec
ton and civil action for any and every attempt
interfere as policemen, with the persons or prof.
erty of our citizens. The action of the Board
Police on Thursday, was therefore in strict COZ
formity with the distinct provisions of the Law
their officers and the public. They neither dl:
banded nor withdrew their men; but being then
selves removed by force, they simply proteste
against the illegaliy of the proceeding, and al
nounced, that they only were authorized b
law to govern the police, and they had been ST
perseded, the police could not act, as a lawfl
body, under any other command, and must cor
sequently await the period when a restoration
the law among would restore them to Il
lawful exercise of their functions.
These observations perfectly obvious to any OF
who is able to read and understand the polit
law, dispose OF the comments in yesterdays 81
and AMERICAN as well as the twaddle Of Gener
BANKS letter. The Sua-to which, howeve
we ascribe no unworthy purpose in its con
ments-expressed a regret that the Board hs
''made so immediate and unqualified a surrend
of their position and dulieS.'' The suspension
the functions Of the Board, and the substitute
of a Provost Marshal for the Commssio
ers surely left nothing to surrender; and it
hard TO imagine what more "perempto
Exercise of military power" in the language
the San, could have been asked, than Color
of The army, sent with Adjutant to read L
Police Board proclamation, informing them tn
their functions were at an end. The Americt
thought that the Board might have ''terminat
"this military movement in twenty-four houl
t'hy The appointment of a loyal citizen in Co
HKANE's place In other words the Police Boar
after The American's fashion, might have lickt
GEM. BANKS bools! Even this, however, is n
true. The proclamation did not give even tn
base privilege of our neighhor o the Board.
removed them absolutely, and the reference, t
wards The close of it, to the appointment of
'loyaP' successor TO Col. KANE, could have ha
no allusion, of course, to any action by bod
which, with all its functions, had been ignomin
ously blotted out.