The national Republican., 1866-10-24
Opinion Of Hon. Reverdy Johnson
I'm the Case Of the Baltimore
Police CommiasiOnc crA.

EOhhCC SOuhhnhbBhVhSHbs
Has the Governor, in the rec ess Of the
General Assembly, the power to remove the
Police Commissioners Of the city for "oflicial
misconduct 2" have no doubt that he has.
The words of the law are so plain as to ad-
nit Of but one construction. The duties Of
the Board ore prescribed, and to guard
against failure to perform them Ia contin-
gency that might happen) the law says: 'for
official misconduct, any OF the said Commits
sioners may be removed by concurrent
vote Of the two Houses Of the General As
sembly, or by the Governor during the re-
cess thereof"
This is the only provision on the subject.
The offence guarded against is official mis-
conduct" The penalty for it is not fine or
Imprisonment, but removal from Office alone,
and the authority to investigate all the facts
and enforce the penalty is, If in session, the
General Assembly, If not in session, the Gov.
ernor. There being now Legislative recess,
the jurisdiction and the power to award the
penalty is in the Governor. 1t is suggested,
| am told, that before he can remove the
Commissioners the fact Of their official mis-.
conduct must be tried by court Of inquiry
This is absurd.
First Because the courts are not named
in the law, either expressly or implied, as
having any jurisdiction in the case.
Second. Because the Governor, who can
alone render the judgment of removal, has
devolved upon him the entire responsibility
and, that being SO, 1t must be for him ex
clusively to investigate and decide the fact
and not avoid responsibility by referring il
to the courts.
Third. Because he has no right to cal
upon court or jury to assist him, and nc
J one else has such right.
Fourth. Because, no matter what court
might find to be the fact, it could not, i
found one way, award the only penalty thai
can be rendered, or if found in the other
deprive the Governor of his power to aware
: it, or absolve him from the duty Of doing so
And lastly, because his power, during
: legislative recess, is the same over the fact
and penalty as that of the General Assembl,
+ when in session; and l suppose that no on
: will hold that that body could only act in as
s sociation with, or in subordination to, any o
the courts of the State.
4. 1t is impossible, think, for sound mine
:. to entertain doubt upon the point.
The long and wellsettled doctrine Of thu
Presidents power to remove officers unde
: the Constitution Of the United States is il
= conflict with such a'theory. 1t is now, ant
has been since the organization Of the Gov
ernment settled that the power exists.
: The only doubt ever entertained about
J. was that it was not coincident to the powe
Of appointment, but that as that power wa
!. in the President and Senate jointly, rt
l. moval required the sanction of both. Neithe
in the debate when the question was frs
agitated nor in any that has since been hat
was it intimated that if the power had bee
!, given in express terms to the President, h
q, could not exercise it, or that it was not h
a, duty to do so without the aid Of any othe
e body, legislative or judicial.
n Upon the whole, therefore, have no doul
n that it is given to the Governor alone (tt
s. Legislature not being in SESSION. to invest
'e gate into the truth Of the alleged miscondu'
Of the Police Commissioners and to remoy
9, them, if he is satisfied that they have bee
ID guilty of "oficial misconduct"
re- Yours, respectfully,
OF REvFRDy JoUSsoy