The tri-weekly standard., 1866-11-08
From the New York Times.l

:. oction will be sanctioned by the Court.
th. CANDY has had an interview with them
uu ."d with Mayor Chapman, and said that if
aho sho noice should be unable to preserve order
ho should not hesitate to declare the city un-
der martial law.
o' rbe above paragraph suggests one of the
,,de ideas floating round the country, which
ccln;sb evidence (of what have affirmed
;nne the commencement of the rebellion,)
shat we are in state of revolution. What
;~ht has Gen. Candy to declare martial law
iscouse order is not preserved in Baltimore
II il no matter whether he made the above
,ark or not This idea is af1oat in the
namntry. and in the minds of men who are
unused to have sense and intelligence.
Whom the Missouri delegation of Blairites
-,aited on the President and asked for mill
t'rr interference in Missouri, we are inform
"a tbe President made no direct answer, but
took the matter under Amusement. Now,
'Son,d he Glad to know, and will be thank
81 for the information, how the President
lots any power, under the Constitution and
laws to interfere in State elections when
tberc is no insurrection or violence2 And if
tbore he. how he is to interfere except in the
rnonner prescribed by law2 Whether the
Govcrnor of Maryland has or has not the
nower to try the Police Commissioners of
Baltimore is no business of the United States
Government. Suppose the Governor of
l.
commissioners, how is he going to get them
ont except by process of the Courts? 1t is
civil case not a 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 tight to interfere. That is
nlain case, but before 1 examine it, let us re-
fer 70 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 concu-
siye against his whole theory of reconstruc-
tion If Louisiana is State, he has no
richt 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 1 Maryland and Missouri
never did secede and were never Confeder-
ate States 3 The President has proclaimed
the war ended and peace restored. There
fore MARYLAND and Missouri are no n1oresub-
iects of martial law than are Ohio and Indi-
ana l should like to know what That would he
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 lie will do it in hurry unless he courts
the fate of Chas. Stuart /; and 1 don't think
he will try it in Missouri, unless he is pre-
pared to see his officers run faster than our
men did at Bull Run. l assume that we 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
l. The President is made Commander-in-
Chief of the Army and Navy of the United
States In war this is an almost illimitable
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.
?. Congress has power to declare war, and
to call out the militia to execute the laws
t'the Union, suppress insurrectioas, and repeI
incasions,n Under this power they have
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 insurrection or repel invasion
g. Section 4, Article 4. The United States
guarantees each State republican form of
government; and "on application of the
legislature, or of the Executive" (when 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 be 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 he 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 tn give 1T,
till the Legislature of Maryland is convened. !
II there be found insurrection, or invasion,
then the President can interfere. under the
.nlted States laws. as HIr. Lincoln did. But
the only case which can occur in Baltimore
Is that of domestic resistance, and the Presl- |
dent has no ri ght to interfere till the Legls- |
lature of Maryland calls for it. This is the
whole case But, will there be violence P
Not unless the Governor makes 1t. He IS
the only man who wants to make violence.
take it the Mayor, Council, and Police Com
mlssioners 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
1t 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
1t seems to me it is little less than madness |
Tor 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 war
commenced in the streets of Baltimore, and
II may end there 1t will be wise in the Pres
ldent to adhere to the very letter of the Con-
stltutiOn and the laws It will be still wise, I
IN the Governor of Maryland not to provoke
the wrath of the loyal people. L affirm again,