New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-11-05
The Baltlmore Imbrogiio.
GOV. swANN's DECISION.

GOV. SWAGN'S DECISION.
B4Lr1aoRE, Nov. 1.-Goy. Swann's decision is a
lengthy document, covering some thirty pages OF
manuscript The following are the main points in
the document. The governor says:
have duly considered the charges which have
been preferred by certain citizens of Baltimore,
VINO were denied the right to vote at the late
election for mayor and members OF the city coun-
Gil, against the police commissioners, in connec
ton with the testimony submitted for my guidance
in the cases. and have arrived at conclusions
which, shall proceed briefly to state. Inc re-
fusal of the police commissioners, at the opening
OF this investigation, to appear before the gov.
ernor upon his summons to answer the charges OF
misconduct in office, look upon as an ofense for
which they might have been held responsible
without any further inquiry into the evidence of
| official misconduct in the late election,
| 1t is true that the commissioners, through their
counsel have to some extent retraced their steps,
| and announced their willingness to appear and
answer any question the governor may have to
| PROFOUND; but dom understand that they nave
yielded the point of jurisdiction to which they still
| adhere Their action in declining to respond to
the summons of the governor places them IN the
attitude of State officers, made by the law SUBJECT
! to his direct supervision, treating with contempt
| the power specially delegated to him by the legis-
ature, and the still higher power conferred by the
18th section of the 20thartcle of the Constitution,
to take care that the laws be faithfully executed.
| How to the governor, l may be asked, represent
| ing the sovereignty of the State, to discharge an
| Law in conflict with rebellious officers.
Setting his authority at defiance, and denying
his right to hold them accountable for Official mis-
demeanor or papable violation or neglect OF their
duties. The police law invests the Commissioners
with almost absolute power, fearful in its scope
in the hands of designing men, without check
somewhere to protect the public interest. The
| legislature never intended any such thing. The
State of Maryland is at this moment threatened
with invasion by armed forces from other States.
Military organizations have been formed IN the
! city of Baltimore for the open and aVoWed purpose
of resifting the authority of the laws. No single
step, so far as am informed, up to this time, has
/ been taken by the Police Board to suppress this
| tendency to anarchy and rebellion now so threat
ening to excite riot and bloodshed among our
| people.
1t is well known tso far as the action of the
government is concerned, no pretext has yet been
furnished for these revolutionary proceedings. Is
| the government to whom these officers are made
| directly responsible by the law to rest quiet and
/ see the laws Of the State, the public peace dis
| turbed, and the State invaded by armed reyolu-
tionists, in completely with those whom the Police
4 Board are encouraging in their apathy, and make
no effort to project the dignity OF the State against
I insult and outrage Butthe legislature did not
4 leave to implication the power Of the Police Com
nissioners in the discharge of their duties as State
officers. The governor then proceeds to review
the law governing his action, and proceeds to re-
a view that the exclusion of the newly registered
voters, in the last municipal election by the
judges, was fragrant violation Of their duties,
and says the examination ofthe judges Of the cleo
ton, all radical in their procllvltles with one or
two exceptions produced a most unfaVorable i'm
preston upon my mind as to their conduct in the
future, if continued in office, entertaining the in
toerent view that loyalty resided only with those
who support their policy. The governor next re-
views the registration law, and the various deei-
sions under it, and the election laws and sums up
as follows The evidence the case proves beyond
doubt that the police commissioners have violated
the law, and rendered themselves liable to the
charge of misconduct in office by creating or
permitting to grow under their eyes, with
their completely violent partisan organization,
| treating all as dsloyal who do not adopt the
views of the radical party: denying the right of
| the governor to entertain Jurisdiction of the
/ charges of official misconduct made against
the commissioners, by appointing1to office judges
OF election, special policemen and clerks, eSclu-
,siVely OF their own party and in many Instances
| incompetent and dsreputable characters, and
denying appointment to any other class of our
citizens by delegating to the marshal and Off
GERS under him, the power of joint special police
men, without themselves inqulring into the quail
fications Of moral standing Of said officers, thus
attempting to throw the responsibility of their
bad appointments upon their subordinates by suf
fering the judge of elections to throw aside the
boxes for rejected ballots, and giving them no adj
| vice as to their obligation under the law to use
theni and refusing TO remove them from office for
so manifest violation of duty.
The governor concludes as follows:
The governor of the State cannot shrink from
his duty to the people. The threats of armed
combinations at home and of inyasions from other
States to overturn our laws, could hardly be ex-
pected to deter him for single moment from the
unflnching exercise of all the functions with
which he has been clothed, the people of the State
Of Maryland and have been registered by Union
men, not the less SO because conservative in their
sentiments and these voters DULY passed upon by
the proper officers after full examination as to
| their qualification. The constitutional oath adj
ministered to me and all their names entered upon
the official registry as legal voters They are ad-
| judged to be SO by our highest tribunal.
They ask at the hands Of the executive that
they may not be excluded by powerful partisan
combination under the control of the police COM
missioners, not powerful in numbers, but because
of authority, which they have heretofore exercised
under their commissions from the State, claiming
that there is no loyalty but in the extreme radical
party, and turning deaf ear to the demands of
any other class of our citizens. In the discharge
of my official duties in this case, | claim now no
party must see that the authority of the State is
maintained in the interest of the whole people. If
the laws are Objectionable the Legislature which
| made them, and not the governor, is responsible.
He is the executive, and not the law making
power. He would bring disgrace upon the State
il he sh0nld do injustice to the humblest citizen.
The appeals to the returned veterans by weak
aud thoughtless men, to raise the standard of
rebellion against the constituted authorities of
the State, cannot fail to meet the condemnation
which it deserves among all order-loying citizens
of whatever political party. They would be do
ing for it, if they needed such advice, which am
sure lhey VIII not, just what they nave been
fighting to rebuke in the rebellieus States. The
first shot fired upon the American flag in the
names of the recognized authorities Of this State,
besides subjecting them to the seyerest penalties
of the law, would cause the laurels (which they
have worn in the struggles of the past to fall and
wther in their hands.
They will not, am sure, permit themselves to
be lured from their path of duty as law.abiding
citizens, by impulsve, reckless adventurers, when
they have the courts open to their grievances,
while to them I speak in the language of
friendly admonition and sncerest regard. This
| cannot characterize with too much indigna ion.
The intrusion into Maryland to interfere in her do
mestic affairs OF a well-known reyolutionist and
agitator from adjoining State, who, repudiated
already by the leading journals of the party with
whom he is cooperating for this wicked attempt
to excite bloodshed and provoke another civil
war, has already retired frem the field OF his
reasonable Vaccinations to screen himself from
| the contempt which his conduct has everywhere
provoked.
He must not forget that the strong arm of the
law is impending over him, and that the State Of
Maryland will know how to protect herself at the
proper time, against all such distirhers of the
peace aud safety Of her people; impressed as |
am with the utter demoralzi1g Of the police or
ganization as it now stands 1 shall do what | can
do to restore it to its proper relations with the
State and the law upon which it is founded. |
have no desire to appeal to the general govern
ment for aid to enable me to execute the laws aud
to protect our citizens against threatened reyoln-