New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-05-05
TEE LEGIsLATIyE REVOLUTION IN
MARYLAND,

revolutionary, uncOnstltutiona, heS" OH" "
binding force whatever upon the people OF tnaI
State.
Tbouch the Governor is empowered to convene
the Legislature whenever in bis Judgment it may be
needftll. or upon extraordinary occasions, tho
laws require public notice thereof to be given at
least twenty days beforehand; and yet this Legs
lature was called on only five days notice. And
when the public press of Maryland raised its
voice in a whisper against such violation OF law
for il dared not protest in the midst OF the
reign of terror inaugurated by the bloody deeds
of the 10Th of April-the Reyolutonists cried
out, Inter anna silent hges." And 80 the pub
lie voice was efectually stihed.
Several vacancies in the present Legislature
had to be filled, Of which notice of at least
thirty days is required by law to be given, but
the Speaker of the House Of Delegates, following
in the footsteps of Gov. Hicks, OVERRIDE the law,
and appointed the election in Baltimore for ten
Delegates at three days notice, and for one
Delegate from Washington County at twelve days
notice And when the ilegality Of such an eec-
ton was suggested with bated breath in Bati-
more, the friends of law and order were senced
by the same convenient phrase Of the civil law.
The loyal voters Of Baltimore, seeing that not
only the order for the election, but the call itself
for the assembling of the Legislature was entirely
unconstitutional and ilegl declined entering into
the contest for choosing Delegates, well knowing
that by so doing they would become parties 10
this violation Of the Constitution and the laws
and it being perfectly obvious that there was no
hope of bringing out an expression OF the real
loyal sentiment Of the people in the tace OF the
armed mob then enjoying the confidence oil the
city authorities Their omission to vote spoke
even more significantly against the Reyolutoni'ts
than an actual majority would have done, because
it was a silent aud eloquent protest against the
whole movement, from the riot to tue election.
Though the Governor has the right to convene
the Legislature elsewhere than at Annapolis yet
the Constitution and laws contemplate an ext
gency for such an act, about which there can be
no doubt. In the present case, grave doubts are
expressed by the SoundCst lawyers IN Maryland
whether the Governor was justified IN removing
the session ts Frederick City. Nobody preteuds
there was any necessity for the act because An
napols was occupied by Federal troops They
were not the enemies of the state, ia any sense
of the term. TO deal with them as SUCH the
Governor by his proclamation removing the ses-
sion TO Frederick City placed the Legislature 10
hostile attitude to tue United states, which he
bad no power TO do.
But the Legislature assembled on tue day APP
pointed Mr. Coleman leilott, the Senator from
Baltimore took his seat, in the face OF the sOl-
emn declaration of the two Houses last Winter
n year ago, annulling the election in the City OF
Baltimore because Of fraud and thereby constl-
trting Mr. jarrett Controller in place OF Mr..
Purrcl, who was defeated b. the rejection of the
Baltimore vote. by the act Of the House OF
Delegates, the ten representatives from Baltimore
we're ousted. Aud Yet Mr. Purnell continued to
act as Controller down to Wednesday last. when
be entered upon his duties a. Postmaster Of Bal
timore, and Mr. Ycllott, though clearly legisated
out Of his seat b. toe action OF both Houses, IS
found in the seat thus vacated introducing bill
for taking the Executive power out OF tie hands
Of the Governor, and confdiDg it to Junta OF
seven Reyoluiioai-ts! But Mr.. lellott is Rev
olutOnist himself.
Among the Grst acts OF this uncoustitatOaally
and Illegally called Legislature was the passage OF
a law relieving the bank, OF the penalties Of the
code for suspendibg specie payments last FALL
the passage of another act allowing them TO issue
shin asters up to ten per cent. oil their capital;
and the enactment Of still another law approving
the precipitate and revolutionary ordinance ct the /
city authorities of Baltimore borrowing of the /
Winans family half a million of dollars to arm /
the revolutionary mob against the United States. |
The legality Of these acts, and of all other acts \
passed by the Legislature, will never stand the |
test of the Courts il the judges do their duty; /
but the fear is they are as deeply implicated in (
sympathy with the revolution as the Committee |
of Public Safety are Perhaps, however, the re- (
storation Of the authority of the Federal Govern
mcnt over the State by the strong arm OF its
military power may nerve the Courts to loyal |
discharge of their functions.
The next step in the career Of this revolution !
ary Legislature is the Yelott bill for stripping |
the Governor of all his Constitutional power aud !
distributing il among the seven individuals named /
in the act. This whole law is in direct oIen /
violation and derogaton of the Constitution and /
laws of Maryland. The whole executive power /
of the state is concentrated in tho person o! the
the shadow Of right, and conters it upon plural
Executive, whose authority is made supreme
over all other departments of the Government,
for the provision requiring this Committee to re-
port to the Legislature its dongs is not absolute
and directory, but discretionary 1t is true, the
~ xxhin ia in pIat,n