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articles of war, for an offence against the laws of the United States, excepting as subject to the control of the judicial authority; and that it is the duty of the military to immediately deliver over persons so arrested, to the civil authority, to be dealt with according to law. It is, therefore, very clcar that John Merryman is entitled to be set at liberty and discharged immediately from imprisonment.

20. After stating that his constitational power had been resisted by a force too strong for him to overcome, and suggesting the possibility that the military officer may have misunderstood his instruc. tion, and exceeded the authority intended to be given him, and stating his intention to have a copy of the proceedings transmitted to the President of the United States, he thus conclndes: “It will then remain for that high officer, in fulfilment of his constitutional obligation ‘to take care that the laws bo executed,' to determine what measures he will take to cause the civil process of the United

States to be respected and enforged." The Chief • Justice declared that the prisoner was improperly held, and was entitled to his liberty.

21. The Legislature of Maryland passed a resolution declaring "that we deem the writ of habeas

21. What resolution

Questions.-20. What further did he say? did the legislature pass ?

HABEAS CORPUS.

259

corpus the great safe-guard of personal liberty, and we view with the utmost alarm and indignation the exercise of despotic power, that has dared to suspend it in the case of John Merryman, now confined in Fort McHenry."

22. Mr. Merryman was subsequently released on bail, but was never tried, although on two occasions he demanded this right. On the first occasion, May, 1363, the case was dismissed by the orders of the Attorney General of the United States. In June, however, he was re-indicted, and held so until 1867, when by the directon of the United States District Attorney, the case was finally dismissed.

CHAPTER XXVIII.

LEGISLATIVE PROCEEDINGS — Arrest of Winans - The Report on Federal Relations.

1. Shortly after the assembling of the Legislature in their extra session, Ross Winans, a member of the House of Delegates, was arrested in the presence of the Governor of State by an armed force under orders of the Federal Government.

2. The General Assembly passed resolutions condemning in the strongest terms this act, and

Questions.-22. What further is said of Mr. Merryman? 1. Who was shortly afterwards arrested? 2. What resolutions did the legislature pass ?

declaring “the same to be subversive of the most sacred guarantees of the Constitution, and in flag. rant violation of the fundamental principles of free government."

3. The House also passed a series of strong resolutions condemning the war and the military occupation of the State. The Committee on Federal relations reported adversely to calling & Convention; a committee was also appointed to wait on the President of the United States and the President of the Confederate States, for the purpose of securing peace to the disturbed country, or at least a cessation of hostilities. The commencement of actual hostilities, however, prevented any action on the part of the Committee.

4. On the 14th of May, the State took action to respond to the call of the President of the United States for 75,000 men to enlist for three months. Brig. General Jno. • R. Kenly, who had been distinguished for his gallantry in the Mexican War, and who had received the thanks of the State by a resolution of the Legislature in 1849, offered two regiments of three months men.

5. The President having issued a second order for troops to serve for three years did not accept those offerred by Kenly and others. These

Questions.—3. What was the report of committee on federal relations? What committee was appointed? 4. What action did the State take? Who offered two regiments? 5. Why were they not accepted? What did the men do?

GOVERNOR HICKS.

261

three months men immediately upon being disbanded joined other companies that were organized for three years service.

6. The first regiment was organized in May, and was encamped at the Washington Junction, on the Baltimore and Ohio rail road. General Kenly took command as Colonel.

7. After the excitement caused by the blood-' shed on the 19th of April, in Baltimore, had subsided, an apparent change took place in the sentiment of very many who had been adverse to the use of force to restore the union; and, not a few who had armed themselves to resist the passage of the troops, volunteered in the service of the United States, or in other ways gave the Federal Govern. ment their cordial support.

8. Governor Hicks changed his attitude of neutrality; and fearing that the arms belonging to the militia might be used against the Federal authorities, bad them seized and sent to Fort McHenry.

9. Early in June, the Senate ordered that the Governor be requested to furnish that body with a statement of the facts which induced him to reclaim these arms, and why they were sent to Fort McIlenry; and also what security he had for the restoration of said arms, when demanded by the proper authorities of Maryland.

Questions.-6. What regiment was organized ? 7. What change in sentiment took place? 8. What is said of Governor Hicks? 9. What order did the Senate pass ?

10. The Governor, in his message, denied the right of the Senate to make the enquiries, but said that “he was satisfied that many of them had been carried beyond the limits of Maryland for disloyal purposes; that he had good reason to believe more would be carried off for a like

purpose;

that he had placed them in Fort McHenry as a place of security; that his guarantee for their return was in the honor of the United States Govern. ment and its loyal officers."

11. The forces of both sides being concentrated at Harper's Ferry, a border warfare, destructive to the peace and prosperity of the people was carried

The transportation of the Baltimore and Ohio rail road was entirely suspended.

12. An effort was made by the President of the Chesapeake and Ohio Canal to prevent the de. struction of the property of Maryland, by remonstrating with the Confederate General. The prin. cipal damage to the Canal was at Dam No. 4. General Johnston replied that his orders were postitive to destroy all property that could be made in any way to benefit the United States forces, and that it was useless to talk of the property of Maryland. He should obey his instructions and destroy everything he could reach.

on.

Questions.—10. What reply did the governor make? 11. At what point were the forces centered? What kind of warfare ensued ? 12. What efforts were made by the President of the Chesapeake and Ohio Canal? What was General Johnston's reply?

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