Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-11-01
THE BALT1moRE POLICE COMMISSION.
ERs.
THE CASE BEFORE THE GOVERNOR.
Governor Swann's Remarks-The Response
to the Charge Preferred-The Jurisdic-
ton Denied-Withdrawal of Council
Witnesses Summoned. &c,
Reported for the Baltimore Sun.

n
ton Denied withdrawal of Council
Witnesses Summoned, sc.
| Reported for the Baltimore Sun.
Messrs, Schley and Latrobe, the counsel for tn
lcommittee of Conservative citizens appointed t
prefer charges against the police commissioner
for official misconduct at the late municipal cleo
ton, and also the counsel (Messrs. Alexander
Stirling and Stockbridge) employed by the polio
commissioners on their behalf appeared in the ex
ing, before Governor Swami, in compliance with
notice given by the Governor that he would o.
| that day take up said case for examin alton.
| REMARKS OF GOVERNOR SWAMI.
The Governor being informed that all the par
| ties were present. rose and said:
| GENTLEMEN-A memorial has been handed tx
me, signed by 1857 citizens OF Baltimore, com
planning of the action of the police commissioner
of Baltimore city in respect to the late municipal
election, and making certain charges, a copy O
| which was communicated to the commissioners O.
police on Thursday last, and stating at the same
time, that the afhdavits would be open to their in
spectiOn from that time until to-day when the
whole matter would be taken up and investigated
also made similar communication to the COM
mittee of citizens.
Before taking mp the case of the police commits
sioncrs, assigned for to-day, would avail myself
of the occasion to remark that have seen it sta
ted in some OF the morning papers that the Cover
nor of the State had proposed compromise with
the commissioners of police. 1t is due to me to
say Inat L nave MADE no compromise, nor have L
authorized any one to do so in my behalf. Two
OF the most respectable citizens Of Baltimore,
Messrs. O'DOnnen and Deford, called upon the
commissioners OF police i'll order to suggest tC
them the prOprlety of divestng the organization
OF what may be considered it's partizan character
by giving to the other side one judge and one
clerk in each election precinct This they did up
OH their own responsibility.
When l find it necessary to examine into the
conduct Of State officer, shall do it in the shape
of instructions, commanding them to obey the
atp1t hpDt
compromise OF the laws of the State, which | am
bound to see carried out in the interest Of every
citizen
l would also remark here, as see the press so
largely represented, both at home and abroad
that efforts are being made to connect the Cover
nor OF the State with rebels and rebel sympathi-
zers. have been an uncomprOmising supporter
of the Union from the commencement of the war
down to the present moment, and have suffered
perhaps as much most Union men in the main
tenance OF my principles. l am in favor of a
prompt reconstruction of the States uron the ba-
sis of loyalty.
cannot recognize that any State is out of the
Union, and L am opposed to forcing negro suffrage
and negro equality upon an unwilling people in
any State without its consent For this difference
OF opinion [ am denounced as rebel sympat hizer
and traitor deem it my duty simply to no.
lce another fact before this has been
entered upon, before the testimony in the case OF
the police commissioners has been duly consider
ed, or any animation authoratively given as to
what my Judgment may be- Military Organiza-
tons are being lnaugurated in the city of Balti-
more to oppose the anticipated action of the Gov
ernors and, regret to say, threats have been held
out OF invasion of the State Of Maryland by par
ties living beyond our limits The parties ellca- |
ged in this effort to excite the people of Baltimore
IN the interest OF resistance to the laws of the
state must be aware that thew take rDOn them-i
selves responsibility for which the, will be held
to strict accountability at the proper time
L shall take up this case, gentlemen if know
myself, without prejudice and with entire freedom
rom all political or partzan bias. ask only that
he laws OF this ate shall be respected and this
am bound, as its chief officer, to insist upon
The Governor then said that the counsel in the
ase Would agree among themselves as to the
curse they will take.
VIM. Schley, Esq, said that Mr. Latrobe and
mselt appeared as counsel on behalf of the petit
toner's.
Archibald Stirling, Jr,, Esq, said that his col
3agues, MessrS. Alexander and Stockbridge and
lmself, were here representing the legal advisers
I the ponce commissioners, who acting on their
dvIce, have declined to appear before the Cover
or. But out OF respect to the Governor Of the
tate, the commissioners have charged them with
he duty OF presenting a reply to the communica-
ion which the Governor had addressed to them.
lie would further say that they have no intention
or authority to discuss anything outside of the {
ase as mere presented to them: They are how {
yer, prepared, authortativeIy to assert that the
spoken Of did not proceed directly or
ld1rectly from themselves or the commission ers |
M That no such compromise had either been Of
red by the Governor nor accepted by them He 1
ould read the reply, when their connection with ;
ne case VII end, unless some suggestions should
t maze Gaining LOT further remark.
The reply is too long for insertion The points !
lade have been given IN telegrams.l 8
REMARKS OF COUNSEL
MI Schlcy said that the primary question to be
eclded was that Of Jurisdiction Ii that is denied
lie staten of the other side ought to ston
lere; We are prepared to argue not only that
1ur EXceIlercy has the jurisdiction but that it is
our duty to hear and determine the CHARGES I
hich are laid before you. 1t was inconsistent I
lth the plea of want of jurisdiction made bv the I
her SIDE, to- produce lengthy essay in their de- i
nse, which Is of itself equivalent to a plea of not
lllty III the case. He regretted to hear the cios
g language OF the response, that the Governor I
10 De I'M mace the instrument to produce con
intended. ~ ~ u
Mr. Alexander said he was much obliged to the Is
ntlemen (Mr. Schley) for his advice. PerbanS 81
had better have applied to him for advice In r,
Vance. 49,
Mr. schley-It would be well if you had.
-di. AleAanaer.he had to say that it was by
e advice of their counsel that the police commits a.
'ners Nechned to recognize the Jurisdiction of O
e governor III this case. We have not said that >,
VIII resist the action Of the Governor. We have r
ld nothing. Our counsel hereafter, to use an D
preston which the gentleman is fond of ono n
g, VIII be pro re ndta, as circumstances shall a.
ise. ~
MIR. Latlobe said the case before them was too II
rlous to be treated i'll the way Of getting ND ex L
ement The only questions in the case are g.
we you tine GoVernor jurisdiction in the case? Ia
~ AAS-NO nO-I
e commissioners been such as to Justify their n,
noVal! linen, whether the counsel on the other III
10 take part IL the examination or not LET II ha m
isldered without passion. We have but one b.
injury, winch Is now at peace. The harsh terms -,
the past ought to be abandoned and the con- w
les OF the profession maintained We ask Won re
take up the question of jurisdiction. The 6nlv tn
estlon Is whether your EXcelency will hear an te
'ument on that point now, which we are nre IN
red to make. PAo w
lr. Schley desired to say that upon an exori. &c
lon OF the written reply read by the other side al
had found that the language used was NOT al
u winch he was led to suppose at the time tir
was remarhlng upon it, though he did NOT ~.
m it. " vi lawn Or
Governor Swami said that he had arrived at the
clusion that it is by the express provisions of re
that he has authority to adiudicate the case | 40
would decide that the Governor has iurisdic W.
J 10 near and determine the case Gu
Ii. Alexander said Such being the determina
OF your EXcellency, the mission of nv col
CUES and myself has ended, and we would ask 10
mission to retire. A la
lessrs. Alexander, Stirling, and Stockbridoe WI
nsel Tor pohce commissioners, then retired o. icf
lr Latrobe said the next question we have RI | 10,
slider IS the course to be pursued in Tho 49,; e.
ION OF the case. The question of inrsdict;o1 ~
On your Excellency had decided T desirs 10 &c
mas been considered most thoroughly nv emil Pr
u lawyers and they entertain no doubt that # tiy
q strlct conformity with law. The counsel on M,
L