Whereas, there is no power given to the board to transfer the control of any portion of the police force 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 under their orders; and
Whereas, 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an officer of the U. S. Army commanding in this city, the marshal of police has been arrested, the board of police superseded and an officer of the army has been appointed provost-marshal and directed to assume the command and control of the police force of this city: Therefore, be it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 state 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 of any of the officers and men of the police force as such to receive orders or directions from any other authority than from this board.
Resolved, That in the opinion of the board the forcible suspension of their functions suspends at the same time the active operation of the police law and puts the officers and men off duty for the present; leaving them subject, however, to the rules and regulations of the service as to their personal conduct and deportment and to the orders which this board may see fit hereafter to issue when the present illegal suspension of their functions shall be removed.
[Signed by al the board.]
In conformity with these resolves the board summoned the different police captains and informed them that they had concluded to disband the police force and through the captains the men were informed of this intention. They accordingly vacated the station-houses and divested themselves of the insignia of office.
HEADQUARTERS DEPARTMENT OF ANNAPOLIS,
Fort McHenry, July 3, 1861.
GENERAL: Mr. Charles D. Hinks, one of the commissioners of police arrested on the 1st instant and now a prisoner in the fort, is in ill health. His physician, Dr. John Buckler, whose letter I inclose, declares that confinement at the fort will be attended with fatal consequences. Doctor Smith, physician at the city infirmary, and Doctor Martin, of the Massachusetts Rifles, concur in the opinion of Doctor Buckler and represent Mr. Hinks as in the last stages of consumption.
He has not been present in the city over a month having resided in the South on account of his health, and has not therefore participated in political affairs here until very recently. Upon inquiry among many prominent men I learn he is the least objectionable of any of the prisoners. His death in prison would make an unpleasant public impression. His release with proper declarations as to his future conduct would produce an agreeable impression. I would respectfully recommend that authority be given to release him whenever it can be done with safety to the public interests.
I hope by concurrent opinion of many influential citizens to make such an appointment of marshal as will speedily bring all difficulties to an end in Baltimore. The troops will then be withdrawn from the city proper at once. I am gratified to be able to report that Baltimore is perfectly orderly and quiet night and day.
With great respect, I am your obedient servant,
N. P. BANKS,
Major-General, Commanding, &c.