The Federal Law Requires The State
To Give Up The Fugitive, But The State Law Does Not Require Judge,
Sheriff,
Magistrate, or policeman to engage in such work, and no
judge, sheriff or magistrate will do so; consequently that Federal
Law is dead in Massachusetts, as it is also in every free-soil
State, - dead, except in as much as there was life in it to create
ill blood as long as the North and South remained together, and
would be life in it for the same effect if they should again be
brought under the same flag.
On the 10th of May, the Maryland legislature, having received the
report of their Commissioners above mentioned, passed the following
resolution: -
"Whereas, the war against the Confederate States is
unconstitutional and repugnant to civilization, and will result in
a bloody and shameful overthrow of our constitution, and while
recognizing the obligations of Maryland to the Union, we sympathize
with the South in the struggle for their rights; for the sake of
humanity we are for peace and reconciliation, and solemnly protest
against this war, and will take no part in it.
"RESOLVED, That Maryland implores the President, in the name of
God, to cease this unholy war, at least until Congress assembles" -
a period of above six months. "That Maryland desires and consents
to the recognition of the independence of the Confederate States.
The military occupation of Maryland is unconstitutional, and she
protests against it, though the violent interference with the
transit of the Federal troops is discountenanced. That the
vindication of her rights be left to time and reason, and that a
convention under existing circumstances is inexpedient." From
which it is plain that Maryland would have seceded as effectually
as Georgia seceded, had she not been prevented by the interposition
of Washington between her and the Confederate States - the happy
intervention, seeing that she has thus been saved from becoming the
battle-ground of the contest. But the legislature had to pay for
its rashness. On the 13th of September thirteen of its members
were arrested, as were also two editors of newspapers presumed to
be secessionists. A member of Congress was also arrested at the
same time, and a candidate for Governor Hicks's place, who belonged
to the secessionist party. Previously, in the last days of June
and beginning of July, the chief of the police at Baltimore and the
members of the Board of Police had been arrested by General Banks,
who then held Baltimore in his power.
I should be sorry to be construed as saying that republican
institutions, or what may more properly be called democratic
institutions, have been broken down in the States of America. I am
far from thinking that they have broken down. Taking them and
their work as a whole, I think that they have shown and still show
vitality of the best order. But the written Constitution of the
United States and of the several States, as bearing upon each
other, are not equal to the requirements made upon them. That, I
think, is the conclusion to which a spectator should come. It is
in that doctrine of finality that our friends have broken down - a
doctrine not expressed in their constitutions, and indeed expressly
denied in the Constitution of the United States, which provides the
mode in which amendments shall be made - but appearing plainly
enough in every word of self-gratulation which comes from them.
Political finality has ever proved a delusion - as has the idea of
finality in all human institutions. I do not doubt but that the
republican form of government will remain and make progress in
North America, but such prolonged existence and progress must be
based on an acknowledgment of the necessity for change, and must
much depend on the facilities for change which shall be afforded.
I have described the condition of Baltimore as it was early in May,
1861. I reached that city just seven months later, and its
condition was considerably altered. There was no question then
whether troops should pass through Baltimore, or by an awkward
round through Annapolis, or not pass at all through Maryland.
General Dix, who had succeeded General Banks, was holding the city
in his grip, and martial law prevailed. In such times as those, it
was bootless to inquire as to that promise that no troops should
pass southward through Baltimore. What have such assurances ever
been worth in such days? Baltimore was now a military depot in the
hands of the Northern army, and General Dix was not a man to stand
any trifling. He did me the honor to take me to the top of Federal
Hill, a suburb of the city, on which he had raised great earthworks
and planted mighty cannons, and built tents and barracks for his
soldiery, and to show me how instantaneously he could destroy the
town from his exalted position. "This hill was made for the very
purpose," said General Dix; and no doubt he thought so. Generals,
when they have fine positions and big guns and prostrate people
lying under their thumbs, are inclined to think that God's
providence has specially ordained them and their points of vantage.
It is a good thing in the mind of a general so circumstanced that
200,000 men should be made subject to a dozen big guns. I confess
that to me, having had no military education, the matter appeared
in a different light, and I could not work up my enthusiasm to a
pitch which would have been suitable to the general's courtesy.
That hill, on which many of the poor of Baltimore had lived, was
desecrated in my eyes by those columbiads. The neat earth-works
were ugly, as looked upon by me; and though I regarded General Dix
as energetic, and no doubt skillful in the work assigned to him, I
could not sympathize with his exultation.
Previously to the days of secession Baltimore had been guarded by
Fort McHenry, which lies on a spit of land running out into the bay
just below the town.
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