Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-10-25

removal from Office alone, and the authority t.
investigate all the facts and enforce the penalty is
if in session, the General Assembly, ii not in seq
sion, the Governor There being now legisia
tive recess. the Jurisdiction and the power t
gested, am told, that before he can remove the
commissioners the fact OF their official niscon
duct must be tried by court and jury. This is alb
surd.
First. Because the courts are not named in the
law, either expressly implied. having an,
Jurisdiction in the case.
Second. Because the Governor, who can alone
render the judgment of removal, has de7oiyed
upon him the entire responsibility, and, that being
SO, it must be for him exclusively to investigat e
and decide the fact and-not avoid responsibility
by referring it to the courts.
Third. Because he has no right to call upon q
court or jury to assist him, and no one else has
such right.
Fourth. Because no matter what court nigh
find to be the fact, il could not, il found one
way, award the 0nl, penalty that can be rendered
or II found III the other, deprive the Governor Oh
his power to award 1t, or absolve him from the
duty OF doing 90.
And lastly because his power, during a legisla-
tive recess, is the over the facts and penal
ty that of the General Assembly when in SEES
! sion and I suppose that will hold that
that body could only act i'll association with or
State
1t is impossible, think, for sound mind to
entertain doubt upon the point.
The long and we'll settled doctrine OF the presi-
| dents power to remove officers under the Consti-
tuition of the United States, is in conflict with such
| a theory. It is now, and has been since the
ganization Of the Government settled that the
power exists.
The only doubt ever entertainei about it was,
that it not c<;:cident to the power Of appoint
ment, but that, that power was in the Presi-
dent and Senate jointly, removal required the
sanction of both Neither i'll the debate, when the
question was first agitated, nor in any that has
since been had, it intimated that if the power
I'D been given i'll express terms to the President,
he could not exercise it, or that it not his du-
| tv to do without the aid of other BODY, le-
| Sisiative judicial.
| Upon the whole therefore. have no donbt that
it is given to the Governor alone (the Legislature
not being in SESSION. to investigate into the truth
of the alleged misconduct of the Police Commits
sioners, and remove them, if he be satisfied
that they have been guilty OF = official miscon-
duct"
! Yours respectfully.
REyERDY JOHNSON.
In the mean time the Radicals have met
in Convention, and resolved that the at
tempt Of the Governor to control the COM
ing election by the removal Of their Police
Commissioners without a trial by jury, is a
usurpation of authority never before at
By force by ere,y loyal man in lie city; de-
handing that the Commissioners shall not
surrender the loyal interests of Maryland
into the hands of traitors through fear of
loyal men of the city to bring them h'iuna-
phdnNy through any rec0Iuti0n 1chich the
Gorernor may i2augu'de; and recommend
ing the wards to organize, that the people
of the city may not again be taken by sur
prise by the men who perpetrated the out
rage of April 18th, 1861.
Forney, the subtle tool of Satan, in eve
rything which tends to overthrow the peace
of the country, hastens Immediately to Bal
timore, and sends to his papers in Phila-
delphia and Washington, the most infam-
matory dispatches. We gave some of them
yesterday. The following is his latest
Special Despatch to the Chronicle.
BALTIMoRE, Oct 21.-The bold stand of the I'm
ionlsts Of Baltimore i'll opposition to the plans OF
the rebels is producing its natural fruits
The Mayor stands firm in supporting the police
commissioners in refusing the orders Of Governor
Swami.
The whole staff Of Swami have resigned and ia
ken sides with the Radicals.
Gems Kenly, Denison and Woolly have report
ed for duty to the Mayor.
Eight hundred policemen and three thousand
Boys i'll Blue " are in arms and ready.
Last night the Union men met in their respec-
tive wards and organized for instant action.
1t seems to be understood that Governor Swami
has changed his position and will not probably !
attempt to remove the police commissioners.
The commissioners have refused to answer his |
summons to Annai oils tomorrow, and will answer
by counsel.
Swami did not get much satisfaction from Pres
ldent Johnson, whom lie called to yesterday at
The President came here this morning, ostensi- |
bly, to attend the Catholic ceremonies, but really
to consult Swami.
Special Correspondence Of tile Chronicle.
BALTIMORE, October 20. !
The political excitement is hou:ly increasing !
The charges against the police commissioners |
reached the city this morning. The board, with !
their counsel, have been i'll session since nire |
o clock At this hour it is not known what course |
they will pursue, but the outside pressure of the
loyalist against recognizing swann's authority is !
tremendous.
tered names, rendered their services to the police
board this morning. Major General Denison,
commander Of the boys in blue, yesterday sent III
his resignation to Swami a member OF hi staff
and teegraphed from Harrisburg that he would !
at once leave TO- Baltimore to organize his old
soldiers Major General Kenly and Brisadier Gen
eral Wooey also offered their services to the
board to-day.
Swami left Annapolis for Washington this morn
ing A gentleman who saw him late last night re-
presents that he was troubled III mind, ana wish
I'd to consult "A. j." on the situation. All armed
conflict is inevitable unless he backs down.
Union canvassera are to-day visiting the various
wards, and enrolling all citizens who willing
TO stand by the city authorities
The american this afternoon is filled with arti-
Giles from the Northern and Western press, pro- !!
claiming that the path to the capital must not be
blocked by rebels.
The ofice-hoders are i'll great alarm and many
Conservatives are declaring against swans eA-
II, I
land brigade in session, and the excitement in
all quarters of tho city is greater than at time
since 1861
Horrible Murder in New Hanover. |,
We learn that one of the most outrageous
and cold-hlooded murders ever perpetrated
in this county, has just come to light. Mr.
Alexander McAllister living in the neigh
af r Hin ,Ilo .i;sa,a,,as,;aIl