Letter

Major-General Banks, June 27, 1861

HEADQUARTERS DEPART}ENT OF ANNAPOLIS,

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 opinion 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 proclamation of this day neither the law, nor the officers appointed to execute the laws, are affected in any manner whatever, except as it operates upon the members of the board of commissioners and chief of police, whose functions were and are suspended. Every part of the police law is to be enforced by you, 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 continued in service by you, and 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 incorrectly 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 commissioners can operate to limit the effective force of the police law, or to discharge any officer engaged in its execution. If any provision of the law fails to be executed, it will be from the choice of the city; and if any officer, except such as are herein named, leave the service, it will be upon his own decision.

You will cause these views to be made known as the rule of your conduct.

I repeat my declaration and my purpose: No intervention with the laws or government of the city whatever is intended, except to prevent secret, violent, and treasonable combinations of disloyal men against the Government of the United States.

Iam, sir, truly, yours, &c.,

Colonel KENLY, Provost-Marshal.

Matters being thus arranged, the board of police commissioners went into secret session. The result of their deliberation was embodied in the following preamble and resolutions :

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 said board bound to exercise the powers in and to discharge the duties imposed upon them, but all other persons are positively prohibited, under heavy penalties, from interfering with them in so doing; and

Whereas there is no power given to the board to transfer the control of any portion of the police force to any person or persors whomsoever other than the officers of police appointed by them, in pursuance of the express provisions of the law, and under their orders; and

by order of Major-General Banks, an officer of the U. S. 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-marshal, and directed

to assume the command and control of the police force of this city: Therefore, be it
Resolved, That this board do solemnly protest against the orders and proceedings
above referred to of Major-General Banks as an arbitrary exercise of military power,
not warranted by any provision of the Constitution or laws of the United States or
of the State of Maryland, but in derogation of all of them.
Resolved, That whilst the board, yielding to the force of circumstances, will do nothing to increase the present excitement or obstruct the execution of such measures as
Major-General Banks may deem proper to take on his own responsibility for the preservation of the peace of the city and of public order, they cannot consistently with
their views of official duty and of obligation to their oaths of office recognize the right
Editor's Notes
From: Operations in Maryland, Pennsylvania, Virginia, 1861. Summary: Major-General Banks clarifies that despite the suspension of police commissioners and chief, all other police officers must continue enforcing the law and remain on duty unless they refuse.
Sources
The War of the Rebellion: Official Records of the Union and Confederate Armies, Series I, Volume 2 View original source ↗