The Governor, under these extraordinary circumstances, called a special session of the Legislature, which assembled at Frederick, on the 26th of the month, the capital, Annapolis, being then in possession of General Butler, who threatened to arrest the whole body if an ordinance of secession were passed. The secession members of the Legislature then attempted to procure the organization of a Board of Safety, which should have discretionary power during the crisis, but public meetings were immediately called, which were loud in their denunciations of this covert transfer of the State to its enemies, and it was abandoned. Resolutions protesting against the war, and recommending the President to desist, and resort to arbitration, were adopted, and a committee appointed to visit the President and induce him to promise that no more troops should be passed through Maryland. The President replied that the public necessity must govern him, and that he would consult the wishes of the people to the utmost extent that the national welfare would permit.
The Legislature, after the report of the Committee had been submitted, on May 6, discussed the questions at issue, and on the 10th adopted a preamble and resolution, declaring Maryland sympathized “with the South in the struggle for their rights, solemnly protests against this action, and will take no part in it, denouncing the military occupancy of the State, and transportation of troops, and imploring the President, in the name of God, to cease this unholy war.”
The reorganization of the military departments for the war was progressing with all possible dispatch. The Department of Washington was assigned to Colonel Joseph K. F. Mansfield, the Department of Annapolis to Major-General Butler, and that of Pennsylvania to Major General Robert Patterson.
On the 5th of May, General Butler took possession of the junction of the Baltimore and Washington and Baltimore and Ohio railroads, at the Relay House, nine miles south of Baltimore. Four days afterwards a body of United States troops landed at Locust Point in that city, and were conveyed by the cars through it without interruption. The Marshal of the city, John K. Kane, was known to be deeply implicated in the work of rebellion, and he was arrested and search was made at the police headquarters for concealed arms and supplies.
The people of Maryland held views which her disloyal legislators had misrepresented. On the 14th of May, a meeting was held at East Baltimore, at which strong Union resolutions were adopted, pledging “lives, fortunes, and sacred honor,” to its defence, declaring the right of the government to convey troops through the State, and their own right and duty to aid them in the work.
General Butler the same day occupied Federal Hill, at Baltimore, and issued a proclamation which was scattered in immense numbers among the people, and contributed in a high degree to the restoration of confidence and harmony among all classes. An important step was also taken by Governor Hicks, who, on the same day issued a proclamation calling for the State quota of four regiments of volunteers for three months, to sustain the government and to protect the capital. General Butler had seized various military stores intended for the rebels, and also took possession of arms and powder belonging to loyal parties, to prevent their being removed by enemies to the government.
Brigadier-General Butler, having been appointed Major-General, and placed in command of the military Department of Virginia, North Carolina and Tennessee, a most important position, was transferred to Fortress Monroe, and was succeeded by General Cadwallader on the 20th. Fort McHenry was reinforced, and put into the most effective condition for immediate service, and the conspirators of Baltimore were restrained from further disorders by the apprehension that any attempt at insurrection would be the signal for a bombardment of the city. After Cadwallader came into command, several arrests of prominent persons had been made. Among these was Mr. John Merryman, who applied to Chief-Justice Taney for a writ of habeas corpus. This was granted; and General Cadwallader, in answer, said that the prisoner had been arrested on charge of various acts of treason—of holding a command in a company having in possession arms belonging to the United States, and of avowing his purpose of armed hostility to the Government of the United States. In such cases General Cadwallader said he was authorized by the President to suspend the habeas corpus act; he therefore requested Judge Taney to suspend further action until instructions could be had from the President.
Judge Taney thereupon issued a writ of attachment against General Cadwallader for contempt of court. The Marshal proceeded to Fort McHenry to execute the writ, but was refused admission. Judge Taney urged that the President had no authority to suspend the act of habeas corpus, or to authorize others to do so. An elaborate opinion to that effect was prepared by the Judge and has since been published.
A sufficient number of troops were also at this time stationed in Baltimore, and the loyal citizens were assured that they would be protected in all their rights and privileges, at every hazard. Thus fortified, protected and encouraged, the loyalty of the people was fully displayed, while the disloyal were held in check. Maryland, glorious in her past history, and her devotion to the Constitution, was saved from destruction, and her loyal citizens will in generations to come receive the plaudits of millions whose gratitude will be deep enough to overwhelm her few days of revolt.