Year: 1861

IN THE SENATE RY A VOTE OF IL IL
q, AND IN THE HOUSE BY VOTE Oh
AZ To T.


The report of the committee opens with brit
detail ot the causes which produced the moditics
tlon of public and election laws at the sessio
OF 1860, and OF the Inauguration and successful
administration of the system of the Polio
Board. 1T then relates, at length, the course O
the proceedings by which the Marshal and th
Board were successfully arrested, and their off


cidi functions superseded by the military authori


ties OF the General Government After quoting a


length the proclamation of General Banks, an


nouncing the appointment of Mr.. Dodge as Poc.


Marshal, it then proceeds as falows:


The Of the "infuentia and honorable citizens


version of the civil government Of the State within b


limits of Baltimore, by of arms have not beer


given officially to the public has any official dscio


sure been made OF the of those under advc,


and direction" the functions of Mr. Dodge exercised


These will OF course be subjects for judicial inquiry here


after The appointment of Mr. Dodge was accompanied


by the withdrawal Of the troops from the heart of the cty


and from tn time to the present. the laws of the state


have been silent in Baltimore far concerns its Po


lice Department, and the lives and property the peope


have been at the mercy of the organization thus set


foot by the military power of the Federal Government


On the 2st of July bill introduced in Congress


appfopriang hundred thousand dollars the pa


nent of the Police organization of Baltimore employed





Representatives under the pressure the previous oues


uon one OF the representatives from Baltimore riIr


Aayl having IN vain attempted to obtain the floor to


discuss IT. and having heen sharply repimau for "A


breach of the rules Of the House. protesting against


it, as "a bill to provide for the wages of oppression" " In


the Senate it was adopted with equal precpitancy


against the solemn of both of the Senators


from Maryland The Congress United States thus


ratified the action of General Banks in the premises-so


far such action was susceptible of ratifcation-and


the existing Police government Baltimore and the


suppression of the State authority therein may


he he mLinad and oft


ecutve and Legislative Departments ofhc United
Government


sioncrs Mr. Hnks having been released from custody
account Of falling health the Memorial OF which
copy has been communicated to the Legislature, was
presented to Congress behalf of Messrs Howard,
Gatchell and Davis protesting against the wrongs


hcted on them officially and personally challenging
investigation OF charges against them and demand


ing matter of right that their should he examin.
ed by Congress, remitted for hearing and determine
TON to the tribunals of justice The Memorial of the


Mayor and City Council Of Baltimore likewise commu-
niCated and referred to the Committee and dc.
mandng redress from Congress for the grievances which
have already been discussed also presented to that
body with the full exposition Of facts contained in the
Message of the Mayor thereunto appended 1t is suf
fcient to that the appropriation money for the
support OF the Federal Police in Baltimore was made
after the presentation of both the Memorials in question
and the only which has been Civ to the prayer
Of cthe In the meantime the Grand Jury of the Dis
tric Court of the United States for the Maryland District
then and till lately in session. finally adjourned without
being abe to discover ground of accusation against
the member, of the Police Board President of the
United States having been called upon communicate
the House of Representatives the grounds for theie
and imprisonment taCitly confessed that there
by declining furnish the information on the
score that it would he incompatible with the public
interests"


On the day before the meeting the General Assem-
bly,, 1.-THE goth Of July )teir Memorial still pending
fore Congress-th- gentlemen in question, with sundry
other citizens of Maryland against whom no tangible
accusation has been lodged disclosed were neverthe.
less removed under guard from Fort McIIenry Fort


La Fayete, at the entrance to the harhor of New York
where they closely confined, by military order
under many privations and restrictions a distance
from their families and friends The order itself which
directed their removal described them Stte prison
ers'-an appeation hitherto happily unknown in the
nomenclature Of Offenders under the laws and Constu
ton of this Republic. What may be the further destna
ton ultimate fate of the victims he determined
only by those who are able to anticpate and ftLo tb
caprices of irresponsible and arbitrary power.


Upon the facts disclosed by this simple and unexag
gerated statement which has heen given without cOlorin
OF argument, your Committee propose to comment as
briefly as they may The statement itself would its
own best comment in any ordinary condition the pub
lie mind But the tide of partisanship and passion,
which is now rolling over the land to have swept
away the landmarks of older and better days and
there is principle of private right pubic free
DOM fundamental sacred to be sure Of recog
milton, superior to challenge denial little white
and all the sympathes and instincts and convictions
Of the American people, like all the traditions of their
history and of the mighty and free people from which
they sprang, were impulsivey the side m edom
against power Of aw against prerogative; of self
government as against government imposed


it'll strange and fearful revulsion they appear of
late to have rushed back century, to theories which
the Declaration of their Independence swords of
their fathers were supposed to have buried forever
No therefore knows the acceptance which may greet
to-day, what yesterday consecrated axiom of com
right and constitutional liberty 1t becomes the re
of the people of Maryland then upon an
occasion 50 important the present and in contrmpa


ion of grievances so monstrous and 50 Calling as those
,sserted to cm as B Bedme e Mfh h nbertanee
which their fathers bequeathed and protest and re-
nonstrae, and appeal to their countymen against the
which their soil has the thea
lie, their State the subject and their citizens the vic
ins.


1t is not question of Union or Disunion of North or
south, of treason loyalty 1t is the naked and desper
lte alternative of and free
ttutions the hand, and State annihilaon and
Individual enslavement on the other.


The wrongs disclosed by the Memorials under consider
alton of two classes: the affecting individual citi
sens-the other assaing the dignity and rights Of the
State of Maryland herself member of the Federal
Cnon. The principles of constitutional law which apply
the latter class, have never been formally questioned
although in recent executive documents of the Federal
Government disposition has been manifested ignore
invade them, and practically in the instances before
u.s. they have more than once been at naught. No
statesman urist who respects his reputation can
ound dentively to deny that in the sphere powers
not delegated by the Constitution to the Government of
the United States the States of the Union exclusive
legislation and supreme jurisdiction within their terrific.
rial limits The Federal Government has no more rib
to interfere with the State Governments, their sphere
than the latter to invade the limits assigned to Federal
authority.


ton the General Government those of internal
government and police in the States Upon plain a
point judicial interpretations SuperfuOus. Repeated
adjudcaons of the Supreme Court of the United States
have nevertheless recognized the powers in question
belonging to the States exclusively and fundamentally,
and have determined that any invasion of them by the
ederal Government fatally repuguant to the Cousti
tuition If it were otherwise, State Governments would
not exist They would be without power and without
object Their control their internal polity is
fact their very governments, and the only
qualification attached to it is that they shall IegisIate in
with the few limitations of the Federal Con
stilution applicable to the matter That done their
sovereignty in the premises is ndisputablea sovereign
above the Constitution against but guaran
tsed by it, and within it, and part fit.


As has already been stated the police law Of Maryland
after passing the ordeal Of the courts found be in
strict accordance with the Federal and the State Cons
tutions and the officers appointed under therefore
appointed, and held their Offices
the President held his Mr. Lincoln CON
Sequenty had no more right to remove the Police Board
or Marshal TO cause General Banks to them
than they had 10 Mr.. Lincoln General Banks
Congress has constitutional right appoint or
pay police officers in their stead than the General Assem-
bly, Of Maryland would possess to appoint and pay off
for the United States Army Navy This is point
about which it is impossible for intelligent honestly
to dispute.


If the Commissioners or the Marshal of Police had been
guilty suspected, upon lawful evidence crime
their arrest and trial. by the competent authority, would
vindcated pHbiic justice If their couvic
tiOn had left their offices vacant permanently the
time, it for the laws and authorities of Maryland to
supply their places. II they criminal at all they
were criminal and punishable, individuals and as
officers; for their official character could not qualify
affect their crime its punishment, for better for
The principle applies TO the Police force
tnem any mtInNClS OF lhat IrCC were guilty oil
treason misprson of treason, it citizens and
not as policemen and they were punishable and
not as officers.


The Federal authority had only to deal with them as
with all individual wrong doerS and If that eated
necessity for their being displaced officers it for
the competent State authority OF Maryland splace
them, and to appoint their II ar officer
the army of the United States a member of the car
net were to commit murder or other crime in Marvlsnd
violation of the laws arrested or con
viced Hereunder surely the fact of his arrest convc
tion would hardly be regarded at washington as au
TiyiO of to
army the cabinet and the Legislature of Maryland to
keep his in its pay. And the constitutional
in the 0ther and the very statement of the pro
position, in either reduces it to aesurdjty.


The action of General Banks, Observation-Disclosures re-
gardcd as his own action or as that OF the Commander
Chief of the Army Of the President, other
officer of the Federal GOvernment-was, in the language
of the resolution adopted by the Police Board, not
Tanted by any provision the Constitution laws of the
United States or of the State of Maryland, but in dero
CATION of all of them " The Board did more than


their duty constituted authorities of the State Of Ma
ryand when they protested accordingly against it, and


they but obeyed the obligation of the law which


their Office and fthe oath which they had sworn under


its provisions, when they refused to transfer their off
and men to unlawful and unauthorized command
and declined to recOgRjze, police force in any
legitimate, the individuals designated policemen by
the Provost Marshal in open violation OF the express


laws of the State and in subyerson of its government
and constitutional supremacy.


The subsequent proceedings of Congress have only
added aggraYatiOn to the outrage for Congress has
better claim than the Executive to invade the constu
tona rights of the States and its attempted confirmation
of unconstitutional act cannot render such in any
more constitutional its endorsement of the usur-
patton of the President commits the whole Federal Gov
eminent to that usuration and places it in the attitude
of deliberately revolutionzng the fundamental instu
tions of the country


The committee of the appeals which
have been made to military necessity" justify recent
encroachments by the Government upon public pri
vae right Se!fpreservaon, it is insisted is the right
and duty of government, and the Government of
the United States is therefore authorized to do all things
which may become necessary to preserve it,


If these ideas recognized by the Consultation.
der any circumstances (Which the Committee deny they
would apply to the branch of the present which