54

be abandoned; the State's Attorney to waive his application
for surety to keep the peace; the parties to be discharged on
their personal recognizance, and on nominal bonds to answer
the charge of riot, &c.; the new commissioners to proceed by
mandamus to assert their title, and, until a determination of
the questions of title, they are not to resort to force against
the old commissioners, or to any other proceeding which may
not be advised as necessary to complete their right to sue out
a mandamus.

No questiou of title to be prejudiced by this arrangement,
the sole object of the parties being to avoid the necessity or
possibility of a collision by force until the great question of
title shall be conclusively determined.

THE PROPOSAL DECLINED.

In answer to the suggestions, the petitioners' counsel
stated :

1. That it remains for the counsel of the warden, and the
State's Attorney, and for Messrs. Hindes and Wood, late
commissioners, to adopt such action in reference to the police
commissioners, (Messrs. Young and Valiant,) and in reference
to Sheriff Thomson, as they may think proper, and as most
likely to preserve the peace of the city. If the demand of a
recognizance in the penalty of $20,000 to be given by the
police commissioners (Messrs Young and Valiant) and by the
Sheriff be abandoned, we shall be pleased to see such action
on the part of counsel on the other side; but it must be their
spontaneous act, without any agreement, compromise, or con-
cession on our part, either as respects the rights of the public
or the individual rights of Mr. Young, Mr. Valiant or Mr.
Thomson. Especially we can do nothing, and cannot concur
in any action that would concede, for a moment, that Messrs.
Young and Valiant are not rightfully in office, or that they
have done any unlawful act, or that Mr. Thomson, in acting
in obedience to their order, was acting otherwise than in the
proper discharge of the duties of his office as sheriff of Balti-
more city.

2. At the same time we freely admit, as we have always
admitted, that upon the refusal of the Mayor of the city, and
of Messrs. Hindes and Wood to deliver over to the possession
and control of Messrs. Young and Valiant, as police commis-
sioners, the only peaceful remedy will be an application to
the Superior Court of Baltimore city for a mandamus, based
on their legal title, with which we insist they were clothed
de jure, by their appointments, commission and qualification
according to law; and we further insist, that when they
opened an office as police commissioners, and performed the
official act of commanding the sheriff to summon the posse
comitatus, and demanded from Messrs, Hindes and Wood the