New Orleans daily crescent., 1866-10-29
THE BALTTwoRE DIppTcULry.
The following communication corrects an
-.

ucle concerning Gile ba1tllOIe QllHetL1S
NEw 0RnEANs, Las October 27, 1866.
Editors Of the CRESCENT:
6eatIen,ea-In your article under the caption:
" The Baltimore Difficulty you are mistaken in
stating " the point at issue when you say " the
police commissioners are elected by the people,
They are eieetedby the joint vote Of both houses
OF the general assembly for four years, one of
the two going out every second year Themayor
OF Baltimore city is eX-officio q member OF the
board.
The law under which they are elected, says:
e They may beremoyed for official misconduct, by
the concurrent action of the two houses of the
general assembly, or by the governor during the
recess of the legislaturea
The idea that the governor has not the right to
remove them is simply ridiculous, and equally 50
the idea Of atrial in court The governor IN MAX
ing their removal would be responsible to the
legislature for his action, in whose stead the law
places him during 8reeess
Very respectfally, your obedient servant,
Our statement that the commissioners were
elected by the people Tor rather by the regis
tered yotersl was derived from the Baltimore
correspondence of a radical newspaper, which
said that they were elected on the same ticket,
and at the same time as Governor Swami.
The error is, however, immaterial as to the
present controversy. The manner in which
the course Of proceedings contemplated by
law for their removal in case Of g official mis-
conduct on their part. Our correspondent
quotes the passage from the law by which the
power to remove is conferred on the governor,
during the recess Of the legislature. It will
be seen that at such a time, the governor is
possessed of precisely the powers granted to
the Legislature during the session Of that
body. The pretence Of the commissioners
| that they must be convicted Of & official mis-
conduct, by legal tribunal before the gov
ernor can remove them, would apply Just as
well to action against them BY the legislature,
and it is, in either case, as our correspondent
justly remarks, simply ridiculous. No
court could or would take cognizance of such
a cause; any more than, in this State a court
could try and convict the governor or other
State officer for such 'soficial misconduct" +"
as would render him liable to impeachment.
1t is true that the right to try exists inde-
pendently Of the power Of impeachment; but
it exists only in the case Of crimes punishable
By law.
This point is so clear that to argue it at all
is almost an insult to the intelligence of the
public. A committee appointed by the citi-
zens Of Baltimore did, however, solicit the
opiniono of Reverdy Johnson, and that emf
nent jurist gave reply in which he stigma
tised as absurd the pretense that the charge
Of official misconduct must be tried by a court
and jury, before the governor can act. As to
the law bearing on the case there can be no
dispute Eswhateyer, On examination Of the
facts we find likewise, that the charges
brought against the commissioners are not
confined to yitiation of the registry by the
instructions given to the inspectors of cleo
ton to exclude all voters of this years regis
tration. The Baltimore Sun says that of the
one hundred and fifty afidayits fled with the
governor, five charge direct soficial misc on
duct" against the commissioners, and the
others allege acts of 'illegality and oppression
on the part Of the judges of election and the
regular and special policemen, with the
assent of the commissioners
Our telegraphic advices state that the evi-
denee taken before the governor shows
that the judges Of election were men Of. infa-
nous character -desperadoes and ruffians Of
the worst description--in fact very much such
persons as Coy. Wells, in the midst of an gac-
cess Of extraordinary eandor, once declared
the radical party in this city to be composed
of. 1t is remarkable that the New York Her
aid, in discussing this question, attempts to
make it appear that the position occupied by
Gov Swami, of Maryland, towards the radi-
cal reYolutonists of his State, is analogous to
the position occupied by GOV. Wells, of this
State, towards the people Of Louisiana. The
Herald, in that glib, dogmatic style which is
its characteristic, asserts that the radicals Of
Maryland are trying to plunge the State and
the country into a civil war by resisting the
authority of Gov, Swami, and that the
t'rebels of Louisiana are trying to plunge
the State and the country into civil war by
resisting the Eauthority of Gov. Wells.
In the instance of Louisiana the
Herald alludes to the contemplated
removal Of the sherifs by executive eproclana-
tion. The Herald we'll knows that there is
not the slightest similarity between the two
cases. The governor Of Maryland is exerting
with which he is invested by law.
The governor of Louisiana, should heattempt
the thing attributed to him, would be en-
deavoring to exertan authority for which there
is no law whatever. He has no more legal
power to remove the sherifs by proclamation,
u in any other way, than Governor Fenton
would have to remove the mayor Of New York
sity. Yetif Governor Fenton were to try to
the mayor of New York by proclama-
ion, and the people of New York were to treat
ais proclamation with the contempt which it
would deserve, the Herald would be bound to
accuse them of design to plunge the State
md the country into civil war.
In truth, the tendency of radicalisrn, as ex-
libited in all parts of the country, is towards
despotic usurpation of Illegal power, and
Eiolent infraction Of lawful authority. In all
is phases it is essentially the same in its ma
ure and its methods, varying only as to its
lgeneies, according to the exigencies of time,
place and circumstance. But whether it
manifest itself in the shape of lawless despot-
SIN, or lawless revolt, it is always interfering
'indietiye, ferocious. and tyrannical.
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A CONSCIENTIOUS PENsIoNER "A pensioner
t Hamilton, Ohio recently inelosed to the