The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1866-11-14
[From tbe New York Times

from the New York Times $50
A Clear View of the Maryland Trouble.
THE Commissioners are confident that
their action will be sanctioned by the Court.
Gen. Candy has had an interview with them
and with Mayor Chapman, and said that if
the police should be unable to preserve order
he should not hesitate to declare the city un-
der martial law" ~ re 80 ,gss
The above paragraph suggests one of the
crude ideas floating round the country, which
furnish evidence (of what have affirmed
since the commencement of the rebellicn0
that we are in state of revolution. What
right has Gen. Candy to declare martial law
because order is not preserved in Baltimore
1t is no matter whether he made the above
remark or not. This idea is afloat in the
country and in the minds of men who are
supposed to have sense and intelligence.
When the Missouri delegation of Blairites
waited ON the President and asked for mill
| tary interference in Missouri, we are inform
! ed the President made no direct answer, but
took the matter under Amusement. Now,
| should be glad to know. and will be thank
| full for the information, how the President
gets any power, under the Constitution and
| laws, to interfere in State elections when
| there is no Instruction or violence9 And if
| there be, how he is to interfere except in the
manner prescribed by lava Whether the
| Governor of Maryland has or has not the
power to try the Police Commissioners of
| Baltimore is no business of the United States
Government Suppose the Governor of
| MARYLAND tries and turns out the Police
| Commissioners, how is he going to get them
out except by process of the COURTS 1t is a
| civil case. not military one. Is the Gov
ernor going to call out the militia before the
Courts have exhausted their power? There
is no way of creating violence in Baltimore
except the Governor does it himself; and till
there is violence. the President and the mill
tary have no right to interfere. That is
plain case. but before examine it, let us re-
| fer to the Louisiana case. The President is
held responsible for the Louisiana massacre,
because he held Louisiana under military
! control The excuse for that is that Louisi-
ana was one of the States in rebellion. and
| Congress had not restored it to its original
normal condition. To my mind, the Presi-
dents military action in Louisiana is conclu-
sive against his whole theory of reconstruc-
tion. If Louisiana is a State, he has no
right of military interference. But that
| question is not now important for the pub
lie will settle it. The case of Maryland and
Missouri is important, for we may be hur-
| ried into bloodshed before we know it. Now
observe two facts Maryland and Missouri
never did secede, and were never Confeder-
ate States. 2. The President has proclaimed
the war ended and peace restored. There
| fore, Maryland and Missouri are no more sub
| jects of martial law than are Ohio and Indi-
ana. should like to know what would be
said to President of the United States who
should declare Cincinnati and Indianapolis
under martial law, because Board of PO-
| lice Comm issionsrs acted illegally don't
think he will do it in a hurry unless he courts
the fate of Chas. Stuart and don't think
| he will try it in Missouri unless ne IS pre-
pared to see his officers run faster than our
men did at Bull Run. l assume that VIC are
now at peace If we are, then we must be
governed by the Constitution and laws
What power does the Constitution and laws
| give the President to interfere by military
force with State laws The Constitution
has three paragraphs only relating to this
| subject
1. The President is made Commander-in-
Chief of the Army and Navy of the United
States In war this is an almost illimitabe
power. because the objects of war may make
| it necessary to declare martial law in any
place whatever. But l assume that we are
at peace, and in peace no such power exists
g Congress has power to declare war. and
to call out the militia to execute the laws
Of the Union, suppress instructions, and repel
iac"sions," Under this power they have a
right to declare when, and in what manner
the army and the militia may be employed
for this purpose. Accordingly, laws have
been enacted directing the mode in which
the military force shall be employed to sur
press instruction or repel invasion.
g. Section 4, Article 4. The United States
guarantees each State a republican form of
government and ION application of the
Legislature, or of the Executive" (wheh the
Legislature cannot be convened against do
nestle violence"
Now, observe that this case does not occur
till there is domestic violence. and that the
Governor cannot constitutiOnally call for that
assistance if the Legislature can he called to-
gether Mark,-for it is all important the
power of the Governor to call for this assis-
lance does no occur in mere recess of the
Legislature but only when the Legislature
cannot be convened. Now, it is perfectly
notorious that the Legislature of MARYLAND
Can he convened in twenty-four hours, and
therefore the Governor has no right to call
for assistance, nor the President to give it,
till the Legislature of Maryland is convened
If there he found instruction, or invasion,
then the President can interfere. under the
United States laws, as Mr.. Lincoln did. But
the only case which can occur in Baltimore
is that of domestic resistance, and the Presi-
dent has no right to interfere till the Legis-
lature of Maryland calls for it. This is the
whole case. But, will there be violence p
Not unless the Governor makes it. He is
the only man who wants to make violence. I
take it the Mayor, Council, and Police Com
missioners of Baltimore have too much sense
to commit any violence for the benefit of
their enemies. They have the power in their
own hands, and they should keep it and use
it discreetly. The object in view is to keep
rebels from voting, which, by the laws of
Maryland, they have no right to do. This is
the gist of the whole matter. Practically,
SO far as the Governor or President act on
the question they act on the rebel side. Ev-
: cry intelligent man understands this, and
! it seems to me it is little less than madness
for mere executive officers to defy the pub
lie opinion of the country.
The verdict of the people is that rebels
shall not exercise power, and is there any
man so stupid as not to see it The wal
commenced in the streets OF Baltimore, and
it may end there 1t will be wise in the Pres
ident to adhere to the very letter of the Con
, stitution and the laws. It will he still wise
in the Governor of Maryland not to provoke
. the wrath of the loyal people. affirm again
s there is no constitutional power in the Pres