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Proceedings and Documents of the House, 1858
Volume 665, Page 1141   View pdf image
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29

separable to some extent from popular elections, under ordinary
circumstances, and the lawlessness, outrages, and crushing violence
of a powerful, reckless, and irresponsible organization; and then to
act. This I have done, and I willingly assume that responsibility.

In authorising the use of the military, the Executive necessarily
acts as Commander-in-chief, but under the Constitution, he can-
not, of his motion, forego in the minutest degree, his civil capaci-
ty. In ordering out the military and directing the enrolment of
militia he is only acting as a civil officer. The direct military
command of the forces must be in the officers commissioned by
him. And the extreme resort to be determined upon in the
actual emergency, is left entirely to the judgment and discretion of
these officers. Thus it will be seen that "in all cases and at all
times," the military is, literally and virtually, in "strict subordina-
tion to, and control of, the civil power."

Before leaving this unwelcome theme, allow me to declare
frankly by what motives I have been impelled thus to discuss it at
some length. I might very justly have employed this occasion for
the vindication of my personal honor. I have been wantonly
traduced; and no terms seem to have been too vile, for a portion
of the public press, in characterizing the arrogance, ambition,
wickedness and folly ascribed to me. But in the present state of
society, these things are too common to excite resentment, and
generally too groundless to command credence. I do not pre-
sume to enlist your attention to any mere personal considerations;
a proper sense of the dignity of the Executive office itself, has
alone induced me to examine and refute the errors, which have
been assiduously diffused in reference to my official acts. I was
determined that it should not be truly said of the Governor of
Maryland, during my administration, that he had transcended his
authority; "declared martial law," made the civil subject to
the military power; invaded the rights of a chartered city; or
done any one of the illegal acts attributed to him. I leave these
fabrications with those who originated them; to reconcile their
ignorance or mendacity, if they can—with the simple but incon-
trovertible truths which I have felt it my duty thus to spread
before you.

I have thus employed this occasion for a personal as well as an
official exposition of popular error, because it is the proper and
only channel through which the Executive of the State can con-
sistently communicate with the people. He controls no organ ;
has no relations with the press; and should desire neither. It is
his province to wait his opportunity, and in communication with
the representatives of the people, command the ear, and solicit
the reason of the people themselves.

MILITIA—THE PUBLIC ARMS.

I herewith submit a communication from the Adjutant General
of the State, to the Executive, in reference to the present condition

 

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Proceedings and Documents of the House, 1858
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