440 



MAKTIAL LAW. 



Soon General Butler was transferred to the 

 command of Fortress Monroe, and General 

 Banks took command of the Department of 

 Annapolis, with his head-quarters at Balti- 

 more. On the 27th of June, the City Marshal 

 of Police, Kane, was arrested by a military 

 force acting under the command of General 

 Banks. At the same time, a Provost-Marshal 

 was appointed, and a proclamation issued by 

 the commanding General. For so much of the 

 proclamation as states the cause and object of 

 the arrest, see BALTIMORE. The proclamation 

 then proceeds as follows : 



For this reason of superseding his official authority, 

 as well as that of the Commissioners of Police, I have 

 arrested, and do now detain him in custody of the 

 United States ; and in further pursuance of my in- 

 structions, I have appointed, for the time being, Colo- 

 nel Kenly, of the First Maryland Kegiment of Volun- 

 teers, Provost-Marshal in and for the City of Baltimore, 

 to superintend and cause to be executed the Police 

 laws provided by the Legislature of Maryland, with 

 the aid and assistance of the subordinate officers of the 

 Police Department, and he will be respected accord- 

 ingly. Whenever a loyal citizen shall be otherwise 

 named for the performance of his duty, who will exe- 

 cute the laws impartiallv and in good faith to the Gov- 

 ernment of the United States, the military of this De- 

 partment will render to him that constant and willing 

 obedience which is due from every good citizen to the 

 Government. N. r "" XTT " CT 



Major-General Commanding. 



HEAD-QUAETEBS DEPARTMENT OF ANNAPOLIS, J 

 June 27, 1861. J 

 To Colonel Kenly : 



SIB : By virtue of instructions received from the De- 

 partment of War, at Washington, dated June 24th, 

 1861, 1 do hereby appoint you Provost-Marshal in and 

 for the City of Baltimore. You will enter upon your 

 duties forthwith at the head-quarters of Police for the 

 city, and, notifying his Honor, the Mayor, of your ap- 

 pointment, by reading to him this order and the proc- 

 lamation enclosed herewith, you will proceed at once, 

 with the assistance of the subordinate officers of the 

 Police Department, to superintend and cause to be 

 executed the Police law provided by the Legislature 

 of Maryland, " for the government of Baltimore." 

 am, very respectfully, yours, Ac., 



N. P. BANKS, 

 Major-General Commanding. 



Provost-Marshal Kenly immediately issued 

 the following order : 



OFFICK PKOVOST-MAKSHAL, June 27, 1861. 

 To the Officers and Men of the Police of Baltimore : 



By order of Major-General Banks, commanding the 

 Department of Annapolis, I assume and take command 

 of the police force of the City of Baltimore, to superin- 

 tend, and, with the aid of the subordinate officers of 

 the Police Department, to execute and cause to be exe- 

 cuted the Police laws provided by the Legislature of 

 Maryland for the government of the City of Baltimore. 

 You 'will continue to discharge your duties under ex- 

 isting regulations until further orders. 



JOHN B. KENLY, Provost-Marshal. 



Immediately after these proceedings, the 

 Police Commissioners met and issued the fol- 

 lowing protest, which shows the authority by 

 which they were appointed, and under which 

 they acted : 



OFFICE BOAED OF POLICE, BALTIMOEE, } 

 June?;, 1861. ( 



Whereas, the laws of the State of Maryland give the 

 whole and exclusive control of the police force of the 

 city to the Board of Police, organized and appointed 



by the General Assembly ; and not only are the said 

 Board bound to exercise the powers vested in and dis- 

 charge the duties imposed upon them, but all other 

 persons are positively prohibited, under heavy penal- 

 ties, from interfering with them in so doing. And 

 whereas, there is no power given to the Board to 

 transfer the control over any portion of the police to 

 any person or persons whomsoever, other than the 

 officers of police appointed by them, in pursuance of 

 the express provisions of the law, and acting under 

 their orders. And whereas, by the orders of Major- 

 General Banks, an officer of the United States Army, 

 commanding in this city, the Marshal of Police has 

 been arrested, the Board of Police superseded, and an 

 officer of the army has been appointed Provost-Mar- 

 shal, and directed to assume the command and control 

 of the police force of the city ; therefore, be it 



J&solved, That this Board do solemnly protest 

 against the order and proceedings above referred to, 

 of Major-General Banks, as an arbitrary exercise of 

 military power, not warranted by any provisions of 

 the Constitution or laws of the United States, or of the 

 State of Maryland, but in derogation thereof. 



(For the additional resolutions adopted by 

 the Board, see BALTIMORE.) Upon the appear- 

 ance of this protest, General Banks issued the 

 following instructions to the Provost-Marshal : 



HEAD-QUARTERS DEPAETMINT OP ANNAPOLIS, ) 

 June 27, 1861. f 

 To Colonel Kenly, Provost-Marshal : 



SIR : My attention has been called to a resolution, 

 purporting to have been this day passed by the late 

 Board of Police Commissioners, expressing the opin- 

 ion that " the suspension of their functions suspended 

 at the same time the operations of the police law, and 

 puts the officers and men off duty for the present." 



You will take special notice, sir, that by my procla- 

 mation of this day, neither the law nor the officers ap- 

 pointed to execute the laws are affected in any manner 

 whatever, except as it operates upon the members of 

 the Board of Commissioners and the Chief of Police, 

 whose functions were and are suspended. Every part 

 of the police law is to be enforced by yon, except that 

 which refers to the authority of the Commissioners and 

 Chief of Police, and every officer and man, with the 

 exception of those persons above named, will be con- 

 tinued in service by you, in the positions they now 

 occupy, and with the advantages they now receive, 

 unless one or more shall refuse to discharge their 

 duties. 



If any police officer declines to perform his duty, in 

 order to avoid the anarchy which it was the purpose 

 of the Commissioners to bring upon the city, by incor- 

 rectly stating that it had been by my act deprived of 

 its police protection, you will select, in conference 

 with such of the public authorities as will aid you, 

 good men and true to fill their places and discharge 

 their duties. 



You will also take especial notice that no opinion, 

 resolution, or other act of the late Board of Commis- 

 sioners, can operate to limit the effective force of the 

 police law, or to discharge any officer engaged in it3 

 execution. If any provision of the law fails to be exe- 

 cuted, it will be from the choice of the city, and if any 

 officer, except such as are hereinafter named, leave the 

 service, it will be upon his own decision. 



You will cause these rules to be made known as the 

 rule of your conduct. 



I repeat my declaration and my purpose no inter- 

 vention with the laws or government of the city what- 

 ever is intended, except to prevent secret, violent, and 

 treasonable combinations of disloyal men against the 

 Government of the United States. 



I am, sir, very truly yours, &c., 



NATH. P. BANKS. 



These details are sufficient to show the ex- 

 tent of the operations of martial law in Balti- 

 more, and the principles upon which it was 



