Confederate Military History. Robert White
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After the seizure of Maryland by the Union troops, the process of manacling her went on with celerity and efficiently. A Union regiment, the First Maryland, was recruited with John R. Kenly as colonel. Colonel Kenly had been major of the Maryland-District of Columbia battalion in the Mexican war, and had served with honor to himself, his command and to his State. At Monterey, where Colonel Watson commanding was killed, Major Kenly brought out the shattered remnants of the battalion with great coolness and courage, and no man of his rank came out of that war with more reputation than Major Kenly. He had experience, he had gallantry, he had ability, and he was devoted to the Union. But with this devotion he was above narrow bigotry, which refuses to recognize sincerity, honesty, or unselfishness in his opponent. With a heart absolutely devoid of self-seeking, ignorant of dishonor, or dishonesty, Colonel Kenly furnished as pure a character and as high a type of patriotism as served on either side in that war. He believed it his duty to stand by the Union. He did so like a soldier, like a man of honor, like a patriot, but no act of his ever stained his career, and he left no spot on his escutcheon. He was truly ‘without fear and without stain.’ But in pressing the policy initiated by Ben Butler toward Maryland, the Federal authorities promptly carried out the latter's ideas. The ‘State’ of Maryland, where religious liberty and free thought were born in this world, was converted by a general order from headquarters at Washington into ‘the Department of Annapolis’ and Gen. N. P. Banks was assigned to command it vice Cadwallader, relieved, with headquarters at Baltimore. Banks assumed command on June 10th. On the 27th he arrested George P. Kane, marshal of police, and confined him in Fort McHenry.
The police commissioners ‘protested’ against this violation of law, and Banks arrested them and sent them to join Kane. They sent a memorial to Congress and Congress laid it on the table. They applied to the President, and Banks put them on a steamer July 28th and sent them to Fort Lafayette in the harbor of New York. On August 6th Judge Garrison, of a State court in Brooklyn, issued his habeas corpus to Colonel Burke, then commandant of the fort, to produce them in court. Colonel Burke defied the writ, under the orders of Lieutenant-General Scott. Attachment for contempt was then issued against him, and he snapped his fingers at that and booted the marshal out of his presence. Judge Garrison dismissed the proceedings, ‘submitting to inevitable necessity.’ So habeas corpus was suspended in the loyal State of New York as well as in the ‘Department of Annapolis.’ General Banks appointed Col. John R. Kenly marshal of police, who promptly assumed command of the force in the city of Baltimore, the Union thus assuming control of a city police. The Congress subsequently appropriated money to pay their wages.
On August 7th the legislature passed more eloquent resolutions, protesting against the unconstitutional and illegal acts of President Lincoln, but they are not worth the room it would take to record them. The time for ‘protests’ was past, if it ever had existed, and as the scolding of the Maryland legislature became annoying to the authorities, they determined to suppress the one and thus silence the other. On September 12, 1861, Major-General Dix, commanding in Baltimore, ordered the arrest of the members of the legislature from Baltimore City and the mayor and other obnoxious persons who annoyed him with talk, to-wit: George William Brown, Coleman Yellott, Senator Stephen P. Dennis, Charles H. Pitts, Andrew A. Lynch, Lawrence Langston, H M. Morfit, Ross Winans, J. Hanson Thomas, W. G. Harrison, John C. Brune, Robert M. Denison, Leonard D. Quinlan, Thomas W. Renshaw, Henry May, member of Congress from the Fourth congressional district, Frank Key Howard, editor of the ‘Baltimore Exchange,’ and Thomas W. Hall, editor of the ‘South.’ The arrests were made with great secrecy, and it was intended to send them to the Dry Tortugas, but there being no steamer fit for the voyage in Hampton Roads, they were dispatched to Fort Warren in Boston harbor. Liberty of the press as well as free speech had gone after the privilege of the writ of habeas corpus.
On the 11th of September Simon Cameron, secretary of war, had issued an order to General Banks that the passage of an ordinance of secession by the legislature, which was to assemble at Frederick on September 17th, must be prevented, even if the arrest of the legislature was necessary to accomplish this end. Maj.-Gen. George B. McClellan, then commanding the army of the Potomac, issued his order to General Banks to have everything prepared to arrest the whole party when they assembled. General Banks sent his aide, R. Morris Copeland, to attend to this business, and he accomplished it very successfully, ‘greatly assisted by several citizens of the place,’ says the chronicler. Both houses were called to order on the 17th, at 1 p. m., but no quorum appearing, they adjourned until the next day. The climate of Frederick was disagreeable to many of the protesters at that particular season. But Major Copeland was equal to the emergency. He closely picketed the town and held everybody in who was in, and took everybody in who wanted to go out. On the 18th he arrested Milton Y. Kidd, the chief clerk of the house, and his assistant, Thomas H. Moore; William Kilgour, secretary of the senate, and his assistant, L. P. Carmark, and John M. Brewer, reading clerk of the senate, and William E. Salmon, Elbridge G. Kilbourne, Thomas J. Claggett, Philip F. Raisin, Andrew Kessler, Josiah H. Gordon, James W. Maxwell, R. C. McCubbin, George W. Landing, Dr. Bernard Mills, William R. Miller, Clark J. Durant, John I. Heckart and J. Lawrence Jones, members of the house; E. Riley, printer of the house and editor of the ‘Annapolis Republican,’ and a number of citizens of Frederick pointed out by the ‘citizens of the place who were greatly assisting.’
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