The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1866-11-15
The MARYLAND Dinieul,,.

The question between the Old and new
boards OF Police Commissioners in Baltimore
has been decided, contrary to our expecta-
tion in favor OF Mcssrs. Young and Valiant'
The decision occasioned no excitement, and
tine latest dispatches indicate that if Messrs.
Hindes and Wood should still re fuse to give up
the books and papers of their office, the new
board would resort to their legal remedy py
mandamus Judge Bartol fully atflfms the
Governors jurisdiction, and even denies the
authority Of Judge Bond to order the arrest
of men who with lawful means to assert their
claim SO easily within reach, were neverthe-
less preparing 70 invoke an armed conflict in
the streets. II the courts have no authority TO
prevent a breach OF peace, then they have
lost in Maryland one of their most important
functions.
If the technical right of Governor Swami
was as clear as Judge Bartol represents it, ii
was nevertheless a very delicate matter to ex-
ercse it for the purpose of securing his own
election to the United States Senate. 1t was
inexcusable, to bring that power into play at
the request of petitioners whose spokesman
avowed himself sympathizer with the re-
bellion and had consequently no legal right to
vote in Maryland. 1t was worse yet, for the
Governors appointees to collect arms and en-
roll roughs for the purpose Of asserting by vi
olence authority which it appears the courts
were more than willing to coneede to them.
The crime was also blunder, upon which
they have had ample time to reflect in Balti-
more jail.
But the crowning act Of folly and wicked
ness was Governor SWANS application to
thu President for United States troops to help
him enforce his edict. The courts were open.
They were even in the Governor interest, as
was then suspected and is now apparent The
State was at peace. The law permits the Leg
slature of State, Gin case OF instruction"
not supposed or probable but actual-to call
upon the President for military assistance
when the Legislature CANNOT be conven-
ed,' the Governors requisite n is sufficient.
No provision is made for Inconvenience IN
calling together the Legislature, still less Tor
case like this, where the Legislature was the
last body the Governor wanted to see The
law jealousy guards against The chance OF
State Executive undertaking to override the
liberties of his people With the assistance OF
the National Executive. The trainers of the
act were not infected with modern doctrines
favorable to the one man power. In this case
none of the conditions required By the law
existed. There was no Instruction Inc
Legislature could easily have been convened.
Governor Swami had no more legal right to
call upon the President for assistance than he
had to call upon the Emperor OF the tfeheh
or the Gar of Ali the Russias.
But he did And the President listened
This matter. as the event has shown, could
have been easily and promptly setrien ny tho,
courts. While it was yet pending, the ffeSi-
dent assured Gov. Swami that United States
troops should occupy Baltimore, if necessary.
The Governor, ON the morning after the eiee-
ton, was waited on at his residence by the
Democratic State Committee. He assured
them that the President had given him carte
blanche TO use the national troops, and said
he had only ieframed for fear of placing new
weapon In the hands OF the Radicals to pro-
cure the Presidents impeachment Magnani-
NOUS man! If it can be proved that the Pres
ident of the United States rendered the forces
under his command to a governor who by
his own showing did not need them, 1t VIII
be high time to call il i'm TO an account. Fron
the best information hitherto available, it
seems that Gen. Grants powerful influence
alone prevented the employment of force
He. Gov. Swami says, appeared to believe he
was sent to Baltimore in the capacity OF, an
adviser IT want no counsel" said the Gov
ernor, with suck ideas in his head, Under
the circumstances the military programme
was abandoned, but we hope Congress will re-
member that Gov. Swami says he had carte
blanche to use United States hoops.