spirit of hostility to the Federal administration was preserved in an intensified degree to the end. As an instance of this, the Senate refused to send to the House resolutions passed by the former on June 7, which provided for the displaying of the United States flag during the session upon the temporary state-house." The previous Congress at the close of its session had made a convulsive clutch at compromise by passing a proposed constitutional amendment, which provided that slavery should not be interfered with nor abolished in the slave states by the United States Government. The House of Delegates voted favorably upon the measure on April 30. The Senate had never taken definite action in the matter, and now refused to order a search to be made in the official papers of the Senate for a copy of the proposed amendment."

Hicks no longer affected to be on even formal relations of amity with the Legislature, for during the short session which was held no intercourse between the two branches of government took place.

CHAPTER X.

SUPPRESSION OF THE LEGISLATURE.

The Legislature was to have reassembled on September 17, but just before that date many of the members of that body who were unfriendly to the Federal Administration were arrested, and the remainder not being able to obtain a quorum, made no formal attempts to organize. This suppression of the Maryland Legislature by Federal authority had long been considered before it was carried out. Before the Legislature had met for the first time on April 26, the situation in Maryland had been considered by the cabinet.' Divergences of opinion existed as to the proper course to be followed. Chase was especially urgent in advising that the Government should prevent any hostile action by the Maryland Legislature by preventing its assembling. Lincoln decided not to interfere with the Legislature until it should take some direct stand against the Union; because in the first place, he held, the United States Government was not justified in arresting the members or in preventing them from assembling, since they had done nothing of a hostile nature; and, second, if arrested, they could not be held permanently, and upon release they would take such action as they desired.* However, Scott was instructed by Lincoln to watch the Legislature carefully and to be ready to check any movement against the United States Government.

The question of breaking up the Legislature was frequently agitated in administration circles during the spring

1

Nicolay and Hay: Abraham Lincoln, volume iv, 166.

Letter of Lincoln to Scott. Nicolay and Hay: Works of Lincoln, vol. ii, 38

and summer of 1861. The result of the Battle of Bull Run gave rise to apprehensions in Washington that the Legislature would seize the opportunity to take more advanced steps in opposition to the United States Government." Though the administration was in a feverish anxiety to protect Washington by collecting and massing there all available troops, yet it was not deemed advisable to weaken the garrison at Baltimore. But by the time the Legislature had reconvened, on July 30, the administration had recovered from its shock and the bands upon Maryland were more tightly drawn than ever. Many exciting rumors were afloat after the battle of Bull Run. One of these, which acquired some credence, was that Johnston's movement northward after the battle was to coöperate with the Maryland Legislature, which had passed an ordinance of secession in secret session at the previous sitting. Hicks even wrote to Cameron advising him to arm the "Union" men in the state, and so attempt to check the "secessionists," who had taken fresh courage from the defeat of the Federal army.

On September 11, McClellan suggested to Cameron that prominent anti-Administration men in Maryland, including several members of the Legislature, be arrested. Cameron immediately issued orders for the arrest of all the members of the Legislature; or as large a number as would be necessary to insure the failure to pass an ordinance of secession; for he claimed rumor stated that an effort would soon be made to carry Maryland out of the Union.' Only a small number of the members of the Legislature appeared in Frederick, and these were mainly of the "Union party"; and therefore the arrests were made in

'Letter of Scott to McClellan, July 21, 1861. War of Rebellion, series i, vol. ii, 749. Dix replaced Banks in command on July 23. Referred to by a correspondent in a letter to Hicks, etc. "War of Rebellion, series iii, vol. i, 463.

"War of Rebellion, series i, vol. v, 193.

'War of Rebellion, series ii, vol. i, 678.

various places, especially in Baltimore. During the week following September 11, the men on the proscribed list were gradually placed under confinement, and then sent North for imprisonment. Petitions and letters immediately began to pour in upon the Federal Administration urging the release of the prisoners. As a rule those who were held to be but slightly dangerous because of their inferiority of influence or ability, or were less pronounced in their opposition to the United States Government, were soon given an opportunity of being released upon taking the oath of allegiance. General Dix, indeed, was opposed to releasing any of the prisoners until after the November elections. A number, however, refused to take advantage of the offer, since such an action on their part would seem to admit the legality of their arrest;" while of course some were not willing to take the oath of allegiance under any circumstances. On November 26, 1862, an order was issued by the United States Government for the unconditional release of Maryland "state prisoners." On the following day those still in confinement at Fort Warren, Boston Harbor, were set free."

8

So ended in this informal manner the exciting sessions

War of Rebellion, series ii, vol. i, 684. Letter of General Banks to R. B. Marcy, Chief of Staff.

D

General Banks had planned to carry out the instructions in an imposing manner. Officers of the United States army were to appear at the same time before both houses of the Legislature while in session and to order the arrest of the members in their seats. The failure of the Legislature to convene necessitated a less dramatic, though as effectual, method of procedure. Twentynine members of the Legislature were arrested at this time. Besides these, one, Senator McKaig, of Allegany county, had been arrested before and then released on parole. Ross Winans had also been arrested on May 14 and released. A number of the members of the Legislature had left the state. As for instance, Senator Yellott, of Baltimore, had gone to Virginia, and Delegate Brune, also of Baltimore, had left for Canada. War of Rebellion, series ii, vol. i, 667-679, 681.

10 War of Rebellion, series ii, vol. i, 740-748.

of the Legislature of 1861, often known as the "Rebel Legislature." Whatever may have been the desires of some of the members of the Legislature, or even of the majority of them, certainly that body had made no direct efforts to break away from the Union. Indeed it had declared its inability to pass an ordinance of secession, and also had eventually decided not to call a state convention to determine whether or not the people of the state wished a separation from the Federal Union. However, the Legislature by resolutions expressed repeatedly a desire for the recognition of the Southern Confederacy, and did not hesitate to use very strong language in condemning the policy of the Administration, both as applied to Maryland and to the states adopting secession. The Legislature had been regarded by the Federal administration and by the members of the radical wing of the Union party with mingled feelings of apprehension and contempt. The opinion was held by both Lincoln and Davis that the Legislature of Maryland desired an opportunity to take steps looking towards placing Maryland in direct alliance or union with the Confederacy. Lincoln was ready by force of arms to check any decided movement against the Union by the Legislature, and this the latter realized. There can be no doubt that a majority of the members of the Maryland Legislature desired to see that body take a more advanced position of friendliness to the Confederacy than was really done; yet it is by no means certain that the larger part of those members just mentioned wished to see the state break away from the Union. A number of the leaders of the pro-southern party in both houses repeatedly declared that no such intention was entertained by them. However, a number certainly desired immediate secession, while others looked forward to separation in the future.

As far as positive legislation is concerned, the series of the stormy sessions of 1861 were almost entirely devoid of result. The Legislature could not do what it wanted to, and would not do what it could, hence the record was