Democratic messenger. [volume] (Snow Hill, Md.) 1869-1973, 1902-07-12

ing May term of the Talbot court were
these fears realized At that time.
while the Judge was engaged in the
trial of case, Provost Marshal McPhail
with number of deputies and squad
of soldiers detailed for the purpose by
General Dix, entered the courtroom and
surrounded the bench. The Marshal
informed the Judge that he was under
arrest. without stating upon what
charge. The Judge replied. 81 do not
recognize your authority" and upon
being seized by one of the deputies
Indignantly threw him off, when he
was Immediately assailed upon all sides
with blows upon his bare head from the
butts of pistols. dragged bleeding and
senseless from the bench and borne to
steamer in waiting, by which he was
conveyed to Fort McHenry. After re-
naming there six weeks in close con-
| finement he was removed to Fort
Lafayette. and for two months was i'm
prisoned i'll a damp casemate, where ne
contracted rheumatism, which famed
him for life. Later ON he was trans
ferred to Fort Delaware. where he ro-
manned till December 10, when he was
discharged without word of explana-
ton.
ITO two respectful letters addressed
to the President. one during his i'm
prisonment in July. 1862, and one i'm
mediately after his discharge both ask.
ing to be informed with what offense
he was charged. no reply was vouchsafed
nor did he ever learn the alleged cause
of his arrest. For more than seven
months no criminal or civil process
issued or was executed in that circuit,
the courts of which were as effectually
closed to the administration of Justice
as if they had been abolished by Con-
stitutional means. Inter arma silent
ieges had ever been the tyrant's plea. It
was now proclaimed canon of free
constitutional government.
REPEATS THE CHARGE.
During the new dispensation thus
inaugurated number of citizens of Gar
oline county and Kent county were ar
rested and imprisoned by military force
and at the spring terms of those courts
in 1863 Judge Carmichael repeated SUBJ
stantially the same charge previously
delivered in Talbot county, saying in
condition: If that charge contained
the law then, and for those juries, the
same is the law now, and for you, gen.
tlemen. To the same effect have sever
al of the courts in Northern States held
the law within few months, and
many eminent jurists have lent the
authority of their names in mainten-
ance of its obligation. Is it possible
for any to gainsay it? Ii it's so writer
i'll the Constitution. and if that which
is written there be law-that a citizen
is not liable to arrest without warrant
of law-then he cannot be arrested
without legal process unless the Oonsti-
tuition has been repealed by the power
which brought it into being or unless it
has been deposed by usurper. That it
has not been repealed by the author
lty which created it need not be said to
you, because that could not be done with
out your individual agency in part. IL
you say it has been deposed. be that
your part, not mine. Until new regime
is declared my obligation stands in the
terms and meaning of my oath-'to sup
port the Constitution of the United
States and to bear true allegiance to the
State of Maryland Your obligation
is the same, and being the same it is not
necessary to say it is binding ON your
conscience and ought to be supreme
over your wills. 1t would be disre-
spect of which shall not be guilty, to
persuade your performance of a duty
To which you have been sworn. = =
And now dismiss you to your cham
ber."
RESIGNS FROM THE BENCH
1t is too much to say that believe no.
bier words were never spoken. and may
| not safely leave to you-a representa-
tive body of Maryland lawyers-to de-
termine what was the quality aud de-
gree of personal and professional cour
age required for their utterance ar
what our dept of gratitude for them?
Broken i'll health and wounded
spirit by the treatment received at
hands of his country. having done
that was i'll human power to execut
the sworn duties of his Office and to
maintain the Constitutional right of the
people. he resigned the judgeship and
returned to private life with the bene-
dictions of all good and true men of the
State.
1--WE are all justly proud of the honor
reflected upon the Frederick County
Court by its decision that the odious
stamp act of 1865 was unconstitutional.
and we boast that all the majesty of the
Crown and of the Parliament was not
sufficient to deter those judges from so
declaring.
THE MERRYMAN CASE.
I'VE all feel that the crowning glor
in the judicial career of Chief JustiU6
Taney was his calm and fearless asser.
ton of the supremacy of the constitu-
ton i'll the celebrated habeas corpus
case of John Merryman. Every noble
word and deed spoken and done in the
discharge of duty, or i'll the mainten.
ance of liberty under the law, strikes a
responsive chord i'll every generous and
manly heart. If, then, have correctly
understood the purpose for which this
association was founded, and if have
not misinterpreted the spirit and tenn
per of the Maryland Bar, You vii
commend the motives which induce
this humble effort to commemorate tf
personal and professional her o.
Judge Carmichael"