The Hancock Jeffersonian. [volume] (Findlay, Ohio) 1857-1870, 1866-11-02

Baltimore 10 De III sboVe VI thout-
rection, and call on the President to
assist him with the army and navy OF
the United States or with the militia
of the state Of Virginia.
That we may appreciate the mo
mentous consequences which may
flow from a solution of this question,
and that we may the more readily
solve the question itself, let us sup
pose that the Governor should turn
out Que of lis tobacco inspectors,
and appoint successor; or yet more
plainly, that the term of Office of the
Inspector lns expired, and that the
Governor has nominated, and by and
with the advice aud consent OF the
Senate, duly appointed and commits
stoned q successor, and that never
,helcss the inspector in Office refuses
10 vacatc his office, Is there any war
rant for asserting that tue Governor
may order out the civil or military
array of the State, or call on the
President to declare the city in n
state of siege, and overrun our streets
with the army OF tue Union or the
militia from the neighboring States,
for the purpose of compelling the
officer holding over TO surrender his
office to the newly appointed inspec.
tol?
Common experience instructs us
that the newly appointed officer, hav-
ing first duly qualified himself to ex-
crcise his office; is left to his legal
remedies against his predecessor;
that the civil array is to be summon
cd only to all the Sheriff in the ser
vice oil judicial process in his hands,
or to suppress an actual or impend
ing breach of the peace, and that the
military array is to be called out on
ly as assistant to the Sheriff and his
civil power.
The Governors friends will doubt
lcss distinguish between the case OF
the Police Commissioners and the
case of any other officer whose ap-
pointment il at the Governors dispo.
sal. But il may be more instructive
To appeal from the Governor friends
To the Governor himself.
In October, 1851, the city elcc.
tions were attended with much disor
der-so much as to provoke the de
rcated party and create dissatisiac-
tion among many who really sympa
thized with the majority. The pres.
ent Governor was then Mayor lie
had been elected by the Know Moth
ing party-Gov. Ligon had been
elected by the Democracy and that
party appealed to him to defend them
in the exercise Of their elective fran
chise at the approaching State elec
ton. He came to Baltimore and TOOK
measures for calling out The militia
ostensibly to preserve the good order
of the city. Mayor Swami protested
against the encroachment on his
authority, and, under advice of coun.
sci, prepared to resist the Governor
a I enirance. Things assumed for ,
time a most alarming aspect. o.
the eve of the election, however, !
meeting took place between the Gov
ernor and Mayor Mutual conces
sions or explanations were made
The Governor withdrew and the elcc
tions were conducted under the su
pervision OF the Mayor.
We refer to this precedent "a show
, ing that, in the opinion OF Mayo
Sw ann, the emergency must be grea
which will justify the Governor il
disturbing the quiet of the city by
crowding our streets with military
array, and that in the event of col
lision of opinion hctween the Cover
nor and the municipal authorities
neither party will compromise his Of
fetal character by tenderi1g expla
nations to, or listening to overture'
from the opposing party.
In 1860 Mayor Swami was at tht
, head of the police of the city. Tn
. Legislature passed the Police bill
and the lirst'Board of Commissioner
appointed hereunder required the
Mayor to surrcnderup the Police De
parunent of the city to thom. Ill
, refused and prepared TO resist the in
gress of the new Board. Under ad
. vice of their counsel the Commits
, sioners resortcd to their remedy by
| mandamns They succeeded in as
serting the validity of their appoint
ment, and Mayor Swami gracefully
yielded. The conclusion hence re
sulting, in the opinion of Mayo
, Swami, is that when it is proposed L
remove one Board of Police Commis
+ sioners by the substitution OF anothc
> under state of circumstances pre-
> scnting a doubtful question Of right
it is the duty OF the Board in powe
to hold over until there shall he ,
judicial determination of that ques
, tion.
With these preccdents in hand W
a care little for the opinions Of the p O
, 1eSSed friends of Gov. Swami. The,
resume too much when they requir
Y Gov. Swami to convict Mayor Swan
9 of official misconduct, in 1857, in ar
I raging himself against Gov Ligon
! and again of official misconduct, il
t 1860, when he placed himself in op
c position to the first Police Board.-
lie may have erred in assuming til
s authority to try the Commissioners
. lie may, on the evidence to be lai
; before him, find them guilty of otiicia
h misconduct, and, for that cause, h
may remove them from office. Blu
b. there he will stop. 1t cannot be i'm
agined that he will coDtemn nrec,