Benson J. Lossing, Pictorial Field Book of the Civil War. Volume 1.

[552] of June, and to proceed to the arrest of Marshal Kane, and his incarceration in that fort. He at once gave to the people, in a proclamation, his reasons for the act. He told them it was not his intention to interfere in the least with the legitimate government of the citizens of Baltimore or of the State; on the contrary, it was his desire to “support the public authorities in all appropriate duties. But unlawful combinations of men,” he continued, 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 an opportunity to combine their means and force 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. “He said that such combinations were well known to exist in his department, and that the Chief of Police was not only believed to be cognizant of those facts, , but, in contravention of his duty and in violation of law,” was, “by direction or indirection, both witness and protector to the transaction and parties engaged therein.” Under such circumstances, the Government could not “regard him otherwise than as the head of an armed force hostile to its authority, and acting in concert with its avowed enemies.” He further proclaimed that, in accordance with instructions, he had appointed Colonel (afterward Brigadier-General) John R. Kenly, of the First Maryland Volunteers, provost-marshal in and for the city of Baltimore, “to superintend and cause to be executed the police laws” of the city, “with the aid and assistance of the subordinate officers of the police department.” He assured the citizens that whenever a loyal man among them should be named for the performance of the duty of chief of police, the military would at once yield to the civil authority.

Colonel Kenly was well known and highly respected as an influential citizen and thorough loyalist; and he entered upon the important duties of his office with promptness and energy. The Police Commissioners¹ had met as.

First Maryland Regiment.

soon as Banks's proclamation appeared, and protested against his act as illegal, and declared that the “suspension of their functions suspended at the same time the operations of the police laws,” and put the subordinate officers and men off duty. This declaration filled the citizens with the liveliest excitement, caused by indignation and alarm. They felt that they were given over to the power of the worst elements of society, with no law to protect them. Banks hastened, by the publication

June 27, 1861.

of instructions to Kenly, to disabuse and quiet the public mind. He therein declared that the functions of the police officers and men, and the operations of police