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IT WAS NOT SO DONE.

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the age, as well as to maintain and preserve the ancient landmarks of civil and religious liberty, an election of delegates to a convention for the revision of the Constitution will be held," etc.

The effect of these acts was to establish a number of persons, pledged to support the Government of the United States, as the only qualified voters in the State, and to elect so-called State officers and delegates to a so-called Constitutional Convention by their ballots. But this was a work that could be done only by the sovereign people acting through their lawful State government. It was not so done, because the Government of the United States, with a powerful military force, had taken possession of New Orleans, refused to recognize the officers of the State government, and sought to capture and imprison them, although it recognized the validity of the State Constitution in part, and commanded these things to be done as if it was the ultimate sovereign over all.

Thus the government of the State was subverted, the Constitution of the State in part set aside, and the sovereignty of the people trampled down by a power that had no rightful authority for such acts. Subsequently, a so-called convention was held, a so-called new Constitution adopted, complying with the views of the Government of the United States, the amendment to the Constitution of the United States as above mentioned was adopted, the State Representatives were admitted to seats in Congress, and the people acquiesced in the fraud which they had not the power to correct.

The proceedings in the States of Arkansas and Virginia, which resulted in an entire subversion of the State Governments, the destruction of the sovereignty of the people, and the establishment of the supremacy of the Government of the United States, have been stated on a preceding page.

CHAPTER XLIII.

Subjugation of the Border States, Maryland, Kentucky, and Missouri.-A Military Force invades Maryland and occupies Baltimore.-Martial Law declared.—A Military Order.-Banishment from the State.-Civil Government of the State suspended.-Unalienable Rights of the Citizens invaded.-Arrests of Citizens commenced.-Number.-Case of John Merryman.-Opinion of Chief-Justice Taney.-Newspapers seized.-Houses searched for Arms.-Order of Commanding General to Marshals to put Test to Voters.-The Governor appeals to the President. His Reply.-Voters imprisoned.-Statement of the Governor.-Result of the Election.-State Constitutional Convention.-Emancipation hardly carried.-First Open Measures in Kentucky.-Interference at the State Election by the United States Government.-Voters excluded.-Martial Law declared.Soldiers keeping the Polls.-The Vote.-Statement of the Governor.-Attempt to enroll Able-bodied Negroes.-The Governor visits Washington.-The Result.Arrests, Imprisonment, and Exile of Citizens.-Suspension of the Writ of Habeas Corpus by President Lincoln.-Interference with the State Election.-Order to the Sheriffs.-Proclamation of the Governor.-Enlistment of Slaves.-Emancipation by Constitutional Amendment.-Violent Measures in Missouri.-The Gov. ernor calls out the Militia.-His Words.-The Plea of the Invader.-" The Authority of the United States is Paramount," said President Lincoln.-Bravery of the Governor.-Words of the Commanding General.-Troops poured into the State.-Proceedings of the State Convention.-Numberless Usurpations.Provisional Governor.-Emancipation Ordinance passed.

If the State government is instituted with certain powers which become "just powers" by the formal consent of the gov erned, for the purpose of enforcing security to the unalienable rights of man, it must be evident that any interference with those rights by which their enjoyment is diminished, endangered, or destroyed, is not only an obstruction to the operation of the "just powers" of the State government, but is subversive of the purpose which it was instituted to effect.

In this manner the State government of Maryland was subjugated. A military force, under the authority of the Government of the United States, occupied the city of Baltimore at a time when no invasion of the State was threatened, and when there had been no application of the Legislature, or of the Executive, for protection against domestic violence, which circumstances alone could give a constitutional authority for this or ganized military force to occupy the State. The commanding

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HAD NO CONSTITUTIONAL PERMISSION.

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General, Schenck, soon issued an order, of which the following is an extract:

"Martial law is declared and hereby established in the city and county of Baltimore, and in all the counties of the Western Shore of Maryland. The commanding General gives assurance that this suspension of civil government within the limits defined shall not extend beyond the necessities of the occasion. All the civil courts, tribunals, and political functionaries of State, county, or city authority, are to continue in the discharge of their duties as in times of peace, only in no way interfering with the exercise of the predominant power assumed and asserted by the military authority."

It will be noticed that this military force of the Government of the United States had no constitutional permission to come into Maryland and exercise authority; that the commanding General says that the civil government of the State is suspended within certain limits; that this suspension will be continued according to the necessities of the occasion; that the courts and political functionaries may discharge their duties, only in no way interfering with the exercise of the predominant military power. Now, where were the "just powers" of the State government at this time? They were suspended in a part of the State, says the commanding General, and for so long a time as the military authority may judge the necessities of the occasion to require, and that the courts and political functionaries may discharge their duties while recognizing the supremacy of the military power. Thus was the State government subjugated.

A further subversion of the State government was now commenced by an invasion and denial of some of the unalienable rights of the citizens, for the security of which that government was instituted. The Constitution of the United States says:

"No person shall be deprived of life, liberty, or property, without due process of law.” *

"The right of the people to be secure in their persons, houses,

* Article V, amendment.

papers, and effects, against unreasonable searches and seizures, shall not be violated."*

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." +

"Congress shall make no law abridging the freedom of speech, or of the press."

The Declaration of Independence says:

"That they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness; that, to secure these rights, governments are instituted among men.'

A man,

Immediately upon the issue of the order of the commanding General, the arrests of citizens commenced by provost-marshals. The family residence of a lady was forced open; she was seized, put on board of a steamer, and sent to the Confederate States. A man was arrested for being "disloyal" to the United States Government, and held for examination. Another was charged with interfering with the enrollment; he was held for further examination. Another, charged with being "disloyal" to the United States Government, took the oath of allegiance, and was released. A woman charged with the attempt to resist the enrollment was arrested, and subsequently released. on a charge of "disloyalty," took the oath, and was released. Another, charged with having given improper information to enrolling officers, was released on furnishing the information. Another, charged with having powder in his possession, was released on taking the oath of allegiance. Two others, charged with abuse of the negroes laboring on the fortifications, were held for examination. Another, charged with rendering assistance to wounded Confederate soldiers, and expressing treasonable sentiments, took the oath of allegiance and was released. Another, charged with being a soldier in the Confederate army A man, and paroled, was ordered to be sent across the lines. charged with treasonable language, was ordered to be sent across

* Article IV, amendment.

+ Article VIII, amendment.

Article I, amendment.

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SEIZED IN HIS BED.

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the lines. Two others, charged with aiding Confederate soldiers, took the oath of allegiance and were discharged. Another, charged with receiving letters from Confederates for the purpose of delivery, took the oath of allegiance, and was discharged. Another, charged with expressing treasonable sentiments, was held for examination. Two, charged with cheering for Jefferson Davis, took the oath and were released.

One case more must be stated. On May 25, 1861, John Merryman, a most respectable citizen of the State, residing in Baltimore County, was seized in his bed by an armed force, and imprisoned in Fort McHenry. He petitioned the Chief-Justice of the United States that a writ of habeas corpus might be issued, which was granted. The officer upon whom it was served declined to obey the writ. An attachment was issued against the officer. The marshal was refused admittance to the fort to serve it. Upon such return being made, the Chief-Justice said:

"I ordered the attachment yesterday, because upon the face of the return the detention of the prisoner was unlawful upon two grounds :

"1. The President, under the Constitution and laws of the United States, can not suspend the privilege of the writ of habeas corpus, nor authorize any military officer to do so.

"2. A military officer has no right to arrest and detain a person not subject to the rules and articles of war for an offense against the laws of the United States, except in aid of the judicial authority and subject to its control; and, if the party is arrested by the military, it is the duty of the officer to deliver him over immediately to the civil authority, to be dealt with according to law.

"Under the Constitution of the United States, these principles are the fundamental law of the Union. In relation to the present return, I propose to say that the marshal has legally the power to summon out the posse comitatus to seize and bring into court the party named in the attachment; but it is apparent he will be resisted in the discharge of that duty by a force notoriously superior to the posse comitatus, and, such being the case, the Court has no power under the law to order the necessary force to compel the appearance of the party.