Year: 1866




occupied SO much of the public atten
Board of Police Commissioners shall
or shall not submit to the laws
of The State. We have had, for some
years past, great deal OF the "highcr
law" doctrine, and that doctrine may
now be understood to teach i'll substance
that the will of certain politicians, in
or out of office, is superior to any writ
ten statute or constitution. This has
been the practical doctrine for many
years. "If we don't like the law we
need not obey it. If you don't like it,
you must obey it," Thas, i'll New York,
it is said that Governor Fenton may re-
move officers like General Sanford, but
when the Governor was Mr.. Seymour,
he had no right to remove Police Com
missioners, the statute law bcinga mat
! ter of no account.


We have diligently studied the Balti-
more papers which oppose the Cover
nor, to ascertain on what ground they
rest their encouragement of the Baltl-
more Police Commissioners in resisting
an inquiry into their conduct, and 1t
is impossible to name any ground what
ever, except this higher law. No one
disputes that the State law authorizes
the Governor to remove these commits
sioncrs for official misconduct, tho
Legislature not being i'll session. The
main argument offered against his do
ing so now is condensed in two lines
'.Hc shall not be permitted 10 do it so
long as we have mob of Boysin Blue
to back u.s.


Some one suggests that though the
Governor has the power to remove, he
has not the power to inquire into the
reasons for removal. The absurdity of
this idea needs no illustration. The
words of the law are ample to give the
Governor power to remove without any
inquiry. and if there is any thing in
the argument offered by the Police
Commissioners against his right of in
qulry, it only goes to show that he
might be much more peremptory and
dismiss them on his motion, without
giving them even chance for defence.
II they should persist in refusing to
appear before him, this would be prop
er and reasonable course. The very
| refusal would be gross official miscon-
duct. and no man is fit to be police
officer who would set such an example
of disrcspect to the law of his State.


There is n great deal too much of this
higher law doctrine in the country. The
moral effect of war for the supremacy
of law has been lost by the diversion of
the object, and the attempt to make the
war inure to the benefit of this very
higher law doctrine instead of the eX-
isting laws. We did not fight to estab-
lish a new order of things, but to re-
establish the old. Nevertheless, many
seem to think that "loyalty' means adj
herence to new ideas, and disloyalty
means adherence to law and Constitu-
ton. The position assumed by the Po-
lice Commissioners in Baltimore is an
illustration of the tendency of the new
doctrines. 1t was the same position
/ which was assumed in old times in Mas
sachusetts against the Fugitive Law.
1t may be that we are to go on in the
track we have been travelling of late
until all men obey only what laws they
like, and 'every man for himself" be-
comes the beautiful result of equality
notions. But we have not quite reached
that point yet, and we trust that some
reason may take the place of the present
madness which seems to possess the
minds of certain Baltimore politicians.
I The position that illustrates another
danger of our institutions. BY gross
fraud and outrage, small portion OF
the citizens of Maryland succeeded in
tdisfranchisng large portion of their
fellow-citizens. The political power has
been held therefore by minority who
have ruled the majority with q rod OF
iron. When, in a democratic form OF
government, minority having obtain
ed temporary power, seek to hold it by
DISTINGUISHING the majority, then the
chances are thousand to one that the
final appeal viii be to force. The pres.