A Short Life of Abraham Lincoln: Condensed from Nicolay & Hay's Abraham Lincoln: A HistoryNicolay, John G. (John George)
History
A Short Life of Abraham Lincoln: Condensed from Nicolay & Hay's Abraham Lincoln: A History
Nicolay, John G. (John George)
Lincoln, Abraham, 1809-1865; Presidents -- United States -- Biography
Two days later the President formally authorized General Scott to
suspend the writ of _habeas corpus_ along his military lines, or in
their vicinity, if resistance should render it necessary. Arrivals of
additional troops enabled the General to strengthen his military hold on
Annapolis and the railroads; and on May 13 General B.F. Butler, with
about one thousand men, moved into Baltimore and established a fortified
camp on Federal Hill, the bulk of his force being the Sixth
Massachusetts, which had been mobbed in that city on April 19. Already,
on the previous day, the bridges and railroad had been repaired, and the
regular transit of troops through the city reestablished.
Under these changing conditions the secession majority of the Maryland
legislature did not venture on any official treason. They sent a
committee to interview the President, vented their hostility in spiteful
reports and remonstrances, and prolonged their session by a recess.
Nevertheless, so inveterate was their disloyalty and plotting against
the authority of the Union, that four months later it became necessary
to place the leaders under arrest, finally to head off their darling
project of a Maryland secession ordinance.
One additional incident of this insurrectionary period remains to be
noticed. One John Merryman, claiming to be a Confederate lieutenant, was
arrested in Baltimore for enlisting men for the rebellion, and Chief
Justice Taney of the United States Supreme Court, the famous author of
the Dred Scott decision, issued a writ of _habeas corpus_ to obtain his
release from Fort McHenry. Under the President's orders, General
Cadwalader of course declined to obey the writ. Upon this, the chief
justice ordered the general's arrest for contempt, but the officer sent
to serve the writ was refused entrance to the fort. In turn, the
indignant chief justice, taking counsel of his passion instead of his
patriotism, announced dogmatically that "the President, under the
Constitution and laws of the United States, cannot suspend the privilege
of the writ of _habeas corpus_, nor authorize any military officer to do
so"; and some weeks afterward filed a long written opinion in support of
this dictum. It is unnecessary here to quote the opinions of several
eminent jurists who successfully refuted his labored argument, nor to
repeat the vigorous analysis with which, in his special message to
Congress of July 4, President Lincoln vindicated his own authority.
While these events were occurring in Maryland and Virginia, the
remaining slave States were gradually taking sides, some for, others
against rebellion. Under radical and revolutionary leadership similar to
that of the cotton States, the governors and State officials of North
Carolina, Tennessee, and Arkansas placed their States in an attitude of
insurrection, and before the middle of May practically joined them to
the Confederate government by the formalities of military leagues and
secession ordinances.
Public-domain text, read in full here on John Shaqi.
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