The Portland daily press., 1866-11-03

Saturday Morning, November 8, 1866.
The Maryland Affair.
PORTLAND.

Saturday Morning, November 3, 1866.
The Maryland Affair.
Now that Governor Swami has decided to
remove the Baltimore Police Commissioners,
the question arises, what will he do about IL
The commissioners are removed, as everybody
understands, so as to admit the repei VoCe
next Tuesday Whatever is to be done must
therefore be done quickly. 1t was on account OF
tbis pressing urgency that the Governor de-
clined in the outset to be bound by legal forms,
and declared that so soon as he saw sufficient
reason tojustify the removal of the commits
sioners he would take action at once. There
was apparently no occasion for any formal
investigation at all. The Governor had made
up his mind in advance, and might as well
have proceeded to exercise his authority, such
as il is, without delay. -
We have presented the substance of the ev-
idenc,. Governor Swami himself confesses
in effect that the commissioners are to be re-
moved for appointing judges of election who,
are disposed to exclude rebels from the polls.
Such is the law of Maryland, and as the Gov
ernor himself says, s'if the laws are objection
able, the Legislators who made them,' or rath-
er the people of Maryland, since this is a con-
stitutional provision, fare responsible" The
commissioners will refuse to surrender their
authority upon any such showing. They can
do no otherwise. The Legislature has imposed
upon them an important trust. They are
responsible to the Legislature and finally
to the people Of Maryland tor the puri-
ty of the approaching elections. 1t would be
gross misconduct, if they were to surrender
their rights without ain effort to defend them.
Byevery lawful means, they will resist the at
e tempted iusuipation. When Governor Swann's
new appointees appear, the commissioners
win refuse to recognize them, and IL they are
troublesome will arrest them as disturbers of
the peace.
50 There is no occasion for any violence. The
IN courts are open and the new commissioners,
al if aggrieved, have legal remedy. By manda-
mus they can compel the present incuIabents
9 tovacate the office or if the Governor chooses
2 to interfere he can direct the Attorney Ger
eral to issue a quo warranto, requiring Messrs.
Hindes and Wood to show by what warrant
they assume to exercise the functions of COM
msioners. To che decision ofthe courts. the
commissioners will yield unhesitating obedi-
ence Only in the event of their resistance to
the service OF judicial processes, can the civil
power be summoned to the aid of the sheriff;
and only in the event of successful resistance
to the civil power can military aid be invok-
ed. HsIf 4l III
The Rebels expect, in case the Governors
authority is questioned by the commissioners,
that the new board with their new police will
at once charge upon the old board and the old
police and fight it out in the streets of Balti
more and that the Governor will order out
the militia of the State to inforce his friends,
and call upon the President Of the United
States to furnish strong reserve of regular
troops. 1t is of course possible that som ething
Of this kind may happen, though it is hardly
TO b. expected that the Governor will put
himself so wholly in the wrong The slow
delays of the law may be extremely ilksome,
iqs just at this time, but they will be safer than
I'd violence. Ii will be asking too much ofthe
q loyal people of Maryland and of the North to
sit quietly and see their friends removed no
longer under color OF law but by open and in
excusable violence. -i''5A ''ii'a
1t is especially improbable that any requisi-
ton upon the President for troops will be
answered. Ihe law is very explicit on this
point. BY the act Of Feb. 20, 1875, it is pro-
vided, that iu 81 j=q~ss B,.3 t-s.,
In case of an instruction in any State
against the government thereof, it shall be
IilwTuf ufIU 1>roriaerIr, aTIrfcaCfon
Legislature of such State, or of the Executive
. (when the Legislature cannot be cOnOeRed), to
v call forth such number of the inhabitants of
any other State or States as may be applied
q for az he may Judge sufficient to suppress such
insurfectioni zgam iar 8i I8G e
Cannot be convened, mark that The
law does not allow lor any Inconvenience, or
a trAing delay, In the assembling of the Legisla-
"a lattire; still less does it allow for case like
the present where the Governor dares not
meet the representatives of the people Gov.
Swami has no more authority under The law
10 call upon the President for troops than has
Commissioner Hindes. The Legislature can
be convened and il without their requisition
President johnson sends troops into Mary
3 land he will do it at his peril. With the
sj threat of impeachment already hanging over
p his head, he will hardly choose to furnish bet-S
ter ground for such enquiry than any which
as yet exists. eqnaI 5dt t,ia4 5d ot iA1hsa