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[176]

Doc. 48.-General Banks' proclamation.

Headquarters Department of Annapolis, June 27, 1861.
By virtue of authority vested in me, and in obedience to orders, as Commanding General of the Military Department of Annapolis, I have arrested, and do now detain in custody Mr. George P. Kane, Chief of Police of the City of Baltimore. I deem it proper at this, the moment of arrest, to make formal and public declaration of the motive by which I have been governed in this proceeding. It is not my purpose, neither is it in consonance with my instructions, to interfere in any manner whatever with the legitimate government of the people of Baltimore or Maryland. I desire to support the public authorities in all appropriate duties; in preserving peace, protecting property and the rights of persons, in obeying and upholding every municipal regulation and public statute, consistent with the Constitution and laws of the United States and of Maryland. But unlawful combinations of men, organized for resistance to such laws, that provide hidden deposits of arms and ammunition, encourage contraband traffic with men at war with the Government, and while enjoying its protection and privileges, stealthily wait opportunity to combine their means and forces with those in rebellion against its authority, are not among the recognized or legal rights of any class of men, and cannot be permitted under any form of government whatever. Such combinations are well known to exist in this Department. The mass of citizens of Baltimore and of Maryland, loyal to the Constitution and the Union, are neither parties to, nor responsible for them. But the Chief of Police is not only believed to be cognizant of these facts, but, in contravention of his duty, and in violation of law, he is, by direction or indirection, both witness and protector to the transactions and the parties engaged therein. Under such circumstances the Government cannot regard him otherwise than as the head of an armed force, hostile to its authority and acting in concert with its avowed enemies.

For this reason superseding his official authority and 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 instructions, I have appointed for the time being Colonel Kenly of the First Regiment of Maryland Volunteers, 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 accordingly. Whenever a loyal citizen shall be otherwise named for the performance of this duty, who will execute these laws impartially and in good faith to the Government of the United States, the military force of this department will render to him that instant and willing obedience which is due from every good citizen to his Government.

Nath. P. Banks, Major-General Commanding Department of Annapolia.

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