IT

FRANK KEY HOWARD, ESQ.

would be impossible, without extending this work far beyond the limits designed, to give a separate history of each one of the many cases of gentlemen of Baltimore, and from different parts of the State of Maryland, who were arrested and imprisoned.

It will be remembered that the Mayor of the city of Baltimore, the Police Commissioners, the Marshal of Police, members of the State Legislature, and private citizens, not only from that city, but from all parts of the State, were arrested and thrown into prison, by the edict of Abraham Lincoln, and kept there for months, without any warrant of law whatever.

The prerogative exercised by Mr. Lincoln in Maryland, as elsewhere, exhibits an assumption of power unparalleled in the history of any country, at any time. For, be it remembered, Maryland was not in a state of revolution or rebellion. Mob law may have existed at times in the city of Baltimore, but did it not exist, at times, in the city of Philadelphia? Nor was there any well-founded reason to apprehend that the Legislature of Maryland would pass an ordinance of secession.

Hon. S. Teackle Wallis, a prominent member of that body -and one of the victims of arbitrary power — in a letter addressed by him to John Sherman, Senator of Ohio, says:

"The special session of the Legislature of Maryland, called by Governor Hicks, in 1861, was opened in Frederick, on the 26th of April, in that year. On the next day, April 27, a select committee of the Senate reported to that body an address to the people of Maryland, which, on the same day, was unanimously adopted, and was shortly afterward pub

lished, with the individual signatures of the Senators, in all the newspapers of the State.

"The principal feature of that address, in fact almost the only purpose of its promulgation, is developed in the following extract:

"We cannot but know that a large portion of the citizens of Maryland have been induced to believe that there is a probability that our deliberations may result in the passage of some measure committing this State to secession. It is, therefore, our duty to declare that all such fears are without just foundation. We know that we have no constitutional authority to take such action; you need not fear that there is a possibility that we will do so.

Notwithstanding this enunciation, the Maryland Legislature was suppressed, the members incarcerated, and citizens by the scores throughout the State imprisoned. Therefore, in order to embrace the history of many of the cases of citizens in Baltimore - because they are not dissimilarin one narrative, we present a most interesting and readable one, from the pen of Frank Key Howard, Esq., a member of the Baltimore Bar.

FORT MCHENRY.

On the morning of the 13th of September, 1861, at my residence, in the city of Baltimore, I was awakened, about half-past twelve or one o'clock, by the ringing of the bell. On going to the window, I saw a man standing on the steps below, who told me he had a message for me from Mr. S. T. Wallis. I desired to know the purport of it, when he informed me that he could only deliver it to me privately. As it had been rumored that the Government intended to arrest the members of the Legislature, and as Mr. Wallis was one of the most prominent of the Delegates from the city of Baltimore, I thought it probable that the threatened outrage had been consummated, and I hurried down to the door. When I opened it, two men entered, leaving the door ajar. One of them informed me that he had an order for my arrest.

In answer to my demand that he should produce the warrant or order under which he was acting, he declined to do so, but said he had instructions from Mr. Seward, the Secretary of State.

I replied that I could recognize no such authority, when he stated that he intended to execute his orders, and that resistance would be idle, as he had a force with him sufficient to render it unavailing. As he spoke, several men entered the house, more than one of whom were armed with revolvers, which I saw in their belts. There was no one in the house, when it was thus invaded, except my wife, children, and servants; and, under such circumstances, I, of course, abandoned all idea of resistance. I went into my library, and sent for my wife, who soon joined me there, when I was informed that neither of us would be permitted to leave the room until the house had been searched. How many men were present, I am unable to say, but two or three were stationed in my library, and one at the front door, and I saw several others passing, from time to time, along the passage. The leader of the gang then began to search the apartment. Every drawer and box was thoroughly ransacked, as also were my portfolio and writing-desk, and every other place that could possibly be supposed to hold any papers. All my private memoranda, bills, note-books, and letters were collected together, to be carried off. Every room in the house subsequently underwent a similar search. After the first two rooms had been thus searched, I was told that I could not remain longer, but must prepare to go to Fort McHenry. I went up stairs, to finish dressing, accompanied by the leader of the party, and I saw that men were stationed in all parts of the house, one even standing sentinel at the door of my children's nursery. Having dressed, and packed up a change of clothes, and a few other articles, I went down into the library, and was notified that I must at once depart. I demanded permission to send for my wife's brother or father, who were in the immediate neighborhood, but this was refused. My wife then desired to go to her children's room,

and this request was also refused. I was forced to submit; and ordering the servants to remain in the room with my wife, and giving decided expression to my feelings concerning the outrage perpetrated upon me, and the miserable tyrants who had authorized it, I got into the carriage which was waiting to convey me to Fort McHenry. Two men, wearing the badges of the police force which the Government had organized, escorted me to the Fort. It was with a bitter pang that I left my house in possession of the miscreants who had invaded it. I afterward learned that the . search was continued for some time, and it was not until after three o'clock in the morning that they left the premises.

I reached Fort McHenry about two o'clock in the morning. There I found several of my friends, and others were brought in a few minutes afterward. One or two were brought in later in the day, making fifteen in all. Among them were most of the members of the Legislature from Baltimore, Mr. Brown, the Mayor of the city, and one of our Representatives in Congress, Mr. May. They were all gentlemen of high social position, and of unimpeachable character, and each of them had been arrested, as has been said, solely on account of his political opinions, no definite charge having been then or afterward preferred against them. Two small rooms were assigned us during our stay. In the smaller one of these I was placed, with three companions. The furniture consisted of three or four chairs and an old rickety bedstead, upon which was the filthiest apology for a bed I ever saw. There was also a tolerably clean-looking mattress lying in one corner. Upon this mattress, and upon the chairs and bedstead, we vainly tried to get a few hours' sleep. The rooms were in the second story of the building, and opened upon a narrow balcony, which we were allowed to use, sentinels, however, being stationed on it. When I looked out in the morning, I could not help being struck by an odd and not pleasant coincidence. On that day, fortyseven years before, my grandfather, Mr. F. S. Key, then a prisoner on a British ship, had witnessed the bombardment

of Fort McHenry. When, on the following morning, the hostile fleet drew off, defeated, he wrote the song so long popular throughout the country, the "Star-spangled Banner." As I stood upon the very scene of that conflict, I could not but contrast my position with his, forty-seven years before. The flag which he had then so proudly hailed, I saw waving, at the same place, over the victims of as vulgar and brutal a despotism as modern times have witnessed.

At an early hour in the morning, and through the day, a number of our friends endeavored to procure access to us, but nearly all failed to do so. Three or four gentlemen and two or three ladies managed to obtain admission to the Fort, and Colonel Morris, the commanding officer, permitted them to interchange a few words with us, in his presence, they being down on the parade-ground and we up in the balcony. Mr. Brown was not even allowed to speak to his wife, who had been suffered to enter the Fort, and could only take leave of her by bowing to her across the parade-ground. About midday, we sent for our clothes, several of the party having left home without bringing anything whatever with them. At 4 o'clock P.M., we were notified that we were to be sent at five o'clock to Fortress Monroe. The trunks of most of us fortunately arrived half an hour before we left, and were thoroughly searched. Had they been delayed a little longer, we should undoubtedly have been sent off with only such little clothing as some of us happened to have brought with us when first arrested. As it was, one or two of the party had absolutely nothing save what they wore. About six o'clock, we left Fort McHenry on the steamer Adelaide. The aftercabin, which was very comfortable, and the after-deck, on which it opened, were assigned to our use. Sentinels were stationed in the cabin and on the after-deck. The officers and crew of the boat treated us with all the kindness and courtesy it was in their power to show. When we were taken below to supper, we saw at another table a number of naval officers, some of whom several of my companions had known well. These officers did not venture to recognize a single