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

/ ulse OF It's pfOIesscu loyalty. In queen
Anne's county. where Judge Carmich-
ael resided, the clerk of the Circuit
Court was Madison Brown, lawyer of
distinction, and former partner of Judge
Carmichael. A few days preceding
the November term of that court he
was arrested by United States soldiers
andcarried before the colonel in COM
mand at camp near Centreville to an
swer to some imaginary charge of trea-
son. He was paroled. however. before
the court was over. the instigators of
/ the outrage believing that his arrest
would indicate the power and purpose
of the Government to override all law
and would strike terror into the hearts
of citizens and State officers alike.
| FAMOUS CHARGE TO THE JURY.
Judge Carmichael charged the grand
jury that these arrests were arbitrary
and unlawful and that it was their duty
to present those who made and insti-
gated them. To the honor of the citi-
zens of that county presentments were
found, but the soldiers who maae the
arrests were ordered away before pro-
cess could be served The court met in
Talbot two weeks later. Similar ar
rests had been made there, and the
grand jury was charged in the same
terms and presentments were found,
/ -, 81 h
in writing and has been preserved. 1t
is a legal classic, worthy of study by
every lawyer in Maryland; and exposi-
ton of our muniments of constitutional
liberty to be cherished by every Amer
lean citizen, nd it so illustrates and
illuminates the high character and
splendid courage of Judge Carmichael
that shall not hesitate to quote from
it. After referring to the ordinary
matters brought before the body, he
said; Through the public papers and
otherwise it has come to my knowledge
that violations of law have been conf
mitted by persons holding themselves
above the law, which. by tacit accord,
for some reason, have as yet escaped
the cognizance of the authorities. Vio-
lent and dangerous injuries have been
committed upon your citizens, while
the process of law has been forbidden
to reach the offender. Arrests have
been made, utterly groundless, as it
turned out; but whether with cause or
not, by persons having no legal compe-
tency to make arrests and without
warrent of law or process from legal
authority. squad of soldiers. with no
pretense of authority but their arms. it
is said, has invaded the homes of your
fellow citizens and dragged them to
their camp. There they have been de.
detained as long as it suited the pleas
urc of their captors.
THE LAW.
"These are the cases to which your
! attention is directed, and now a word
about the law. That the law only is
supreme i'll this land you have heard
proclaimed by my honored predecessors
from this place at every turn. Hereto
fore l have SO pronounced. My duty
now still bids me to repeat the same to
you, gentlemen. the grand inquest. its
chosen ministers.
Arbitrary. illegal and false imprison-
ments have been unknown in our mod
crime and misdemeanor, with this ex-
ception, have found persons wicked
enough to commit them. Ii will strike
you how sacred the right of personal
freedom his been held within this
jurisdiction. 1t is the heredi-
tary right of American freemen. 1t was
the right of their ancestors before
American independence. Before that
day British subject could not be
arrested but under process of law.
- This process was required to
be founded on oath. disclosing the cause
of arrest. Made otherwise, it was false
Imprisonment, an offense which one
eminent English jurist declares IA helm
Gus public crime for which the law de-
mands public vengeance Exemption
from the exercise of power to make or
order such arrest is the birthright
of Americans. They trace 1t back i'll
the musty scrolls of the mother country
for ages long past. 1t is inscribed in
letters of light i'll the Constitution of
Maryland. This right may yet be found
in the Constitution of the United States
the supreme law before which every
person. potentate and power III the
United States must give place.
This freedom from imprisonment with
out due process is absolute in the citizen
with only two exceptions. One, III
which he is found i'll the very act of
committing felony, which obtains
alike i'll England and this country; the
other. where he has exchanged the citl-
zen for the soldier-'in cases arising i'll
the land or naval forces. or in the militia
when in actual service i'll the time of
war of public danger
DRAGGED BLEEDING FROM THE BENCH.
The delivery of this charge produced
q profou nd sensation and created deep
apprehension for the safety of Judge
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