The Portland daily press., 1866-11-02

LATEST NEWS s
BY TELEGRAPH TO THE
PORTLAND DAILY PRESS.
Thursday Morning, November l, 1866.
FROM MARYLAND.
RemOOaf Of tie Police Commits
si0nerS.
Gov. Swami Will Call on the Pres
q ident for Troops if Necessary.
GREAT EXCETEBIENT RN RALTI-
tn4r MORE. - a iey

BALTIMORE, Nov. 1.

decision is very bitter against them. He say.
the registry lists of 1866 should have been used
and that the Judges of election have NO righ
to go behind the registry law. He says the
Police Commissioners and Judges of election
were most partisan in their character, and
were guilty of gross official misconduct He
would call upon the United States Govern
ment to uphold his conduct if necessary.
Sheriff Thompson of Baltimore arrived here
this morning for the purpose of making up the
commissions of the new officials. Mr.. Latrobe
goes to Washington by this afternoon train.
Great excitement prevails in the streets oi
this city (Baltimore) over the removal of the
Police Commissioners by Governor Swann.
Swami has removed the Commissioners. He
will call OH the President for troops if neeessa.
ry. ..t -.... IL. ..s.s. =
baltimore, Nov 1, 1.3O p. M-There il con.
siderable feeling manifested here in regard to
Gov. Swanns action, some bitterly denou3lcine
lit, and others approving it, Large crowds Of
people are gathered at the corners 0f the
streets, and near the newspaper offices, dlscus-
sing the matter, but otherwise all is now quiet
The new police force have not as yet made
their appearance ON the streets, but it issssup-
posed they will do so before the close 0f the
day. 4
i 1t is not yet ascertained who are the, two
Commissioners appointed by Gov. Swami. 1t
is rumOred that a new police force is already
organized and will make their appearance in
Police Commissioners have their full force out
and will resist the demands of the new force
for the surrender of the station house, Mar
shals Office, &C. sWe
-Four hundred U. s. dismounted cavalry
who arrived here yesterday to disembark for
Texas are now at Fort McHenry, and runsprs
say they will be retained here to act in case OF
an emergency. la
The Baltimore American says it is reported
that John L. Ford of Fords Theatre notoriety,
M fQi in ,nff fl,n W.. .scr 49,
Swann's registers, have been selected for Po-
lice Commissioners, and exMarshal Van Nos
trand, one OF the witnesses for the prosecution,
as the new Marshal.
The old Police Commissioners are in session
with their counsel and advisers. 1t is not
known definitely yet what they will do but it
is believed they will take some such course as
the following: Under the law which creates
the Board of Police Commissioners it is claim
ed they have the most ample powers. They
can, IN any emergency, increase their force
without limit, and call out the military if they
deem it expedient; they can also summon the
Sheriff, who, with his posse, is made subject to
their orders. They have assumed, it is under
stood, the ground, first that they are not guilty
of official misconduct, and next under the fol-
lowing clause in the new Constitution of the
State, they maintain that as they are elected
10 Office by the Legislature, the Governor has
no power to remove them, an the ground that
the clause below quoted annuls and abrogates
Gn0 pfOVlSlOnS OI Tile law u10er winch the
Governor acts, and which was passed prior to
the enactment of the new Constitution. The
clause in the new Constitution referred to is rs
follows:-
.'Oct. 17-Section IT, The Governor may sns-
pend and may remove for incompetency OF
misconduct, all civil officers who have received
appointments from the Executive for a term
not ext eeding two years."
tits claimed that as the Commissioners are
elected by the Legislature and not by the Gov
ernor, therefore the Governor cannot remove
them. On this ground it is understood the
Commissioners will go into court, and in the
meaetime they will resist by lawful means, ar
rest and otherwise, all parties who may assume
or attempt to exercise any of their functions,
or the functions of public officer.
If the United States troops come they will
protest to the commandant that they are sim
ply exercising their lawful functions, and that
they are not in either insurrection or rebellion
within the meaning of the clause in the Con-
stitution of the United States in reference to
that subject; butif tho government troops fore
IDLY eject them from the possession of the Com
missiOner's Office, Marshals Office, Police sta
ton, &C., they will submit under protest, and
await the decision of the Courts. They profess
the greatest solicitude to avoid any collision
with the general government, and prevent a
popular outbreak.
1t is now said Mr.. Ford is not to be Com
missioner, and that George r. Barry and Capt.
Horn, before. mentioned, are to be appointed,
but nothing positively is known yet.
Governor SwannS decision is a lengthy doc
ument, covering some thirty pages of manu-
script. The following are the main points:
The Governor says Il have duly considered
the charges which have been preferred by GER
tain citizens of Baltimore who were denied a
right to vote at the late municipal election for
Mayor and members of the City Council,
against the Police Commissioners, in connec-
ton with the testimony submitted for my guild
ance in the case, and have arrived at conclu-
sons which shall proceed briefly to state
The refusal of the Police Commissioners at the
opening of this investigation to appear before
the Governor upon his summons to an
swer charges of misconduct in office,
look upon as an offence for which they might
have been held responsible without any fuLther
inquiry into the evidence, of official miscOn-
duct during 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 an
swer any questions the Governor might have
to PROFOUND, but do not understand that they
have yielded the point of jurisdiction, to which
they still adhere. Thei action in declining to
respond to the summons of the Governor, plac-
es them in the attitude of the State officers
made by the law, subject to his direct
supervision, and treating with contempt
the power which is specially delegated to him
by the Legislature, and the still higher power
conferred by the 18th section of the 10Th arti-
Gle of the Constitution, to take care that the
laws be faithfully executed. How is the Gov
ernor, it may be asked, representing the sover-
eighty of the State, to discharge an impartial
duty imposed upon him by the organic law in
conflict with rebellious officers setting his au-
thority at defiance and denying his right TO hold
them accountable for official misconduct or a
palpable violation or neglect of their duties
The police law invests these Commissioners
with almost absolute power, fearful in its scope
in the hands of designing men, without ehecl
somewhere to protect public interests. The
Legislature never intended any such thing
The State of Maryland is at this very moment
threatened with invasion by armed hordes from
other States; military organizations have beer
formed in the Cit, Of Baltimore for the oper
and avowed purpose of resisting the authority
| of the laws. No single step, SO far as am in
formed, up to this time has been taken by the
| police board to suppress this tendency to anar
| chy and rebellion now so threatening, and tt
| excite riot and bloodshed among our people. i
| is well known that so far as the action of tht
| Governor is concerned, no pretext has been fur
| nished for these revolutionary proceedings. L
| the Governor, to whom these officers are made
directly responsible by law, to rest quiet ant
see the laws of the State violated; public peace
| disturbed; the State invaded by armed revolu
tionists in completely with those whom the po
lice board are encouraging their apathy ant
make no effort to protect the. dignity OF thu
| State against insult and outrage?- But thu
Legislature did not leave to implication this
power of the Police Commissioners in the dis
| charge of their official duties as State officers.
The Governor then proceeds to review tn
law governing his action, and proceeds to ar
| que that the exclusion of newly registered vot
ers at the Last Municipal election by the judges
was flagrant violation of their duties, AM
says the examination of the judges of election
all radical in their proclivities with one or tw
| exceptions, produced a most unfavorable i'm
preston upon my mind as TO their conduct il
future il continued in office, entertaining
the intolerent view that loyalty resides
only with those who support their policy
Is it not a reasonable inference that the
would claim in the absence of an
instructions from the Police Commissioner
who refuse to interfere to challenge the vote
of all who do not come up to their standard
! If they ignored the obligation of second bal
| lot box for rejected votes, so plainly pointe
out by law, surely it would be no greater
stretch of authority to go behind the registr
and recognize whom they please as legal vol
ers.
The Governor next reviews the registratio
laws and various decisions under it and elet
ton laws, and sums up as follows: The ev
dence in the case proves beyond doubt ths