To Be or Not To Be

By the time Abraham Lincoln took office in March 1861, seven states had already seceded from the Union to form the Confederate States of America. Maryland, which had not seceded, played an essential role in the early days of the Civil War. Maryland's location is very strategic, surrounding the District of Columbia on three of its sides. The district’s fourth border is with Virginia. This meant, if Maryland seceded, the United States’s capital would have been located within hostile territory; making the city both indefensible and unsuppliable. (Garcia 472).Were this event to occur, Washington D.C. would have had to be abandoned and the government relocated to a more defensible location. To ensure Maryland did not secede, President Lincoln threatened to arrest all pro-secession legislators in the state. Over the years, this situation has been studied from numerous angles and many viewpoints. The arrests have been looked at from a purely political point of view, a legal point of view, and as a combination of both. President Lincoln’s handling of the possible secession of Maryland is central to this issue. To avert a revolt and possible secession by the Maryland State Legislature, Lincoln reacted by taking the steps necessary to keep Maryland in the Union, thereby protecting Washington.



The United States Constitution was written without any mention of outlawing the social and political issue of slavery because the delegates believed slavery would die out over time, just as it was doing the North (Berkin 113). However, it mentioned that for representation in the House of Representatives, each slave counted as three fifths of a person (Constitutional Convention). The only other mention of slavery in the Constitution is a provision that all escaped slaves must be returned to their owners (Constitutional Convention). These laws were put into the Constitution to gain southern support for the Constitution because the Founding Fathers believed that slavery would not survive long enough to have a long-term effect on the United States. In hindsight, we know that the introduction of Eli Whitney’s Cotton Gin and the development of textile mills in New England and England would have a profound effect on the institution of slavery. However, at the time, no politician could foresee the development of such facilities (Berkin 113-114).

         

“Any attempt to raise the moral issue of slavery was just as quickly rejected, despite Gouverneur Morris’s eloquent condemnation of this ‘nefarious issue’ that called down ‘ the curse of Heaven on the states where it prevailed’ and the impassioned speeches of Virginia’s George Mason and Massachusetts’s Rufus King against the continuation of such an institution in a republic. The convention preferred to heed Oliver Ellsworth’s advice. ‘Let us not intermeddle,’ he said, dismissing the problem with optimistic prediction the ‘slavery in time will not be a speck of in our country’” (113).



By 1828, the last year of John Quincy Adams’ presidency, northern and southern states were already mentally separating (Garcia 379-380). The main issue was tariffs (379-380). Tariffs are taxes on foreign imports to the United States (296). The North was in favor of them because they made the cost of goods manufactured in the United States cheaper than imported goods, and the factories were located in the North (379). The South was not in favor of the rising tariffs because they traded mainly with Britain, and it would cost more for them to import goods (380). This was a major disagreement because by 1828, tariffs had been steadily rising for twelve years (380). Many, especially in South Carolina, began threatening secession. The people of the South began pointing to a key phrase in The Declaration of Independence as proof that they had the right to secede (Second Continental Congress). “That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness” (Second Continental Congress).



There were states, known as Border States, which had ties to both the North and the South, these included: Missouri, Delaware, Maryland, and Kentucky (Garcia 482). Although it is commonly thought that all slave states sided with the Confederacy, the Border States stayed with the Union (483). The northern states believed that this was the correct move to make because in their eyes, “the Border States desire[d] to save the Union” (“Compromise the Border States and the Union”). In Northern states, people believed that the Constitution had been created by delegates elected by the people. They believed that because of this, the Union was a sovereign entity and not a group of states free to enter leave a loose agreement when they desired (Kraut).



In December 1860, the Maryland State legislature was preparing to vote for secession. Many argued that all states that wanted to secede should do so before the inauguration of Abraham Lincoln (“Affairs in Maryland.”). Governor Hicks of Maryland, however, was able to suspend the vote until after the New Year (Engle). This gave government officials, in the Maryland and Federal governments, more time to discuss this vital issue (Engle).

In April, 1861, after the secession of eight states and the bombardment of Fort Sumter, it appeared that Baltimore was in full Confederate revolt (Hicks). The state had not yet seceded from the Union, upsetting many citizens of Baltimore (Coolidge 43), and Governor Hicks could no longer delay the vote on secession by the State Assembly. Annapolis, the capital of Maryland, is only thirty miles north of Baltimore. In Annapolis, Confederate support ran high. In response, Governor Hicks changed the venue of the State Assembly to Fredrick, a neutral town 50 miles west of  Baltimore (Engle). Governor Hicks, realized that Maryland relied more on the North than the South, and would be in a better position to survive a war and post-war era as a Union state (Engle). Governor Hicks owned slaves, and was thought of as a southern gentleman. People expected that he would be more pro-Confederate than he was.



Concurrent with the Legislative vote in April, riots broke out in Baltimore (Goodwin 554). Provoked by the passage of the Sixth Massachusetts Regiment through Baltimore, citizens reacted by rioting (Engle). This was their way of participating in the rebellion of the Confederate States of America (Hicks). However, the majority of the state's government officials remained loyal to the Union (Coolidge 44). During these riots, citizens of Baltimore had forceful meetings with Union troops sent to preserve peace (Hicks). Governor Hicks understood the danger; more troops would just raise anti-Union support in the city of Baltimore (Brown and Hicks). Thus in letter to President Lincoln on April 20, 1861, Governor Hicks and Mayor George William Brown of Baltimore asked that no troops be deployed to contain the rioters (Brown). In another letter to President Lincoln, Mayor Brown stated, “The people are exasperated to the highest degree by the passage of troops...” (Brown).Mayor Brown also stated in that letter that troops would have to"...fight for every step... " through the city. He advised that no more troops pass through the city or a blood bath may occur between the citizens and the troops (Brown). It was even proposed that no troops were to pass through the state of Maryland (Goodwin 352-353). President Lincoln then pointed out that “Our men are not moles, and can’t dig under the earth; they are not birds and can’t fly through the air. There is no way but to march across, and that they must do (352-353).”



President Lincoln could not allow the secession of Maryland because it would put Washington D.C. at risk. (Garcia 482). In Fredrick, Maryland, on April 29, 1861, the State Assembly voted to stay in the Union (“Important from Maryland; Secession Killed at Last”). But later, in September, secessionists were again at work in Maryland.



Reacting to the threat, President Lincoln ordered their arrests (Department of War). In September, 1861, President Lincoln sent Major-General Dix to Fredrick with arrest warrants for all anti-Union delegates claiming they were “dangerous secessionists” (670). Those who were arrested, were arrested for treason but were released in February after taking an “oath of allegiance” to the United States of America (668). Some, however, did not take this oath, which was a requirement for release (668). They were then transferred to the Department of War (668). For those who took the oath, no penalty was created for breaking this oath. If a delegate broke it, the arresting official would decide the oath breaker’s fate (Engle). Thus, if a Union general or sheriff associating himself with the Union found the delegate who broke the oath, the delegate would be severely punished (Engle). If a Confederate general or sheriff associating himself with the Confederate States of America found the delegate breaking this oath, the delegate would be released with no punishment (Engle).



The legal aspects of the arrests have been debated for over one hundred fifty years. The law in question is the right of an accused person to the Writ of Habeas Corpus and the suspension of the Writ. The Writ of Habeas Corpus originated in England and was adopted by the United States. The Writ protects a person from being kept in prison without just cause (Constitutional Convention). The Constitution of the United States also states, “The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public safety may require it” (Constitutional Convention). Lawyers and historians question both; whether there was just cause to detain the legislators and whether it was a rebellion or invasion.



The question of just cause is complex. The argument for just cause used by the United States Government is that the legislators were treasonous in desiring to secede from the Union and become part of the Confederacy (Engle). The argument on the side of the rebellious legislators and Confederacy is that the legislators were representing the people who elected them, and they were exercising their First Amendment right of free speech (Engle). Many call the arrests Constitutional as they believe the legislators were treasonous (Engle). Others believe that they were not constitutional but were acceptable for the welfare of the nation, while Confederate sympathizers call the arrests unconstitutional and unacceptable arrests based on the American system of law (Engle).



The question of whether it was a time of war and whether the legislators were citizens of the Confederacy or the Union determines whether the United States Government had “just cause” for arrest.(Frievogel 1B+; Warren). The legislators were technically citizens of the United States (Engle). President Lincoln also may have considered them citizens of the Confederacy because they did not wish for the preservation of the Union, but rather the creation and preservation of the Confederacy. However, they paid taxes and had residency in the United States’s Government’s jurisdiction (Engle). Jefferson Davis may have responded that they were citizens of the United States of America unless Maryland seceded from the Union as to pressure the delegates into voting for secession (Engle). If they were citizens of the United States, then, they could not be arrested as a threat to public safety without the suspension of the Writ of Habeas Corpus (Constitutional Convention).

Ultimately, the actions taken by President Lincoln and his advisors helped prevent Maryland’s secession from the Union. Maryland, reacting to the secession of other slave states, was grappling with the issue of whether or not to join the revolution. If Maryland had seceded, Washington D.C. would have been cut off from the rest of the nation, necessitating the city’s evacuation. This would have had major strategic and political effects on the North. In his careful handling of the situation, Lincoln reacted in a way that both threatened retaliatory action if the state tried to secede, while expressing his understanding of how difficult it was for the state to make its decision. This combination of tactics helped keep Maryland in the Union.









Annotated Bibliography

Primary Sources

Government Documents

38th American Congress. Addresses on the Death of Honorable Thomas Holiday Hicks, Delivered in the Senate and House of Representatives, on Wednesday, February 15,1865. Washington D.C: Goverment Printing Office, 1865. Making of America. Web. 15 Jan. 2012. <http://quod.lib.umich.edu///.0001.001/?rgn=full+text;view=image>. This was a commemorative book issued by Congress.  It provides bibliographic informtion on Governor Thomas H. Hicks.

Second Continental Congress. Declaration of Independence. Philadelphia, 1776. United States Historical Archives. Web. 24 Jan. 2012. <http://www.archives.gov///_transcript.html>. This document established the United States of America.  From document the South claimed the right of secession.

United States. The Constitution of the United States of America. By Congressional Convention. Philadelphia: United Stated of America, 1787. Print. Provides information about the writ of habeas corpus and when it can be suspended.

- - -. Dept. of Justice. FEDERAL HABEAS CORPUS REVIEW:  CHALLENGING STATE COURT CRIMINAL CONVICTIONS. By Roger A. Hanson and Henry W.K. Daley. [Washington]: Dept. of Justice, 1995. SIRS Discoverer. Web. 4 Oct. 2011. This document, issued by the Department of Justice gives facts about Habeas Corpus and its enforcement.



- - -. Dept. of War. “The Maryland Arrests.” The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies. ; Series 2 - Volume 1. By United States. War Dept, et al. Vol. 1. Washington: United States Department of War, 1861. 667-675. Making of America. Web. 29 Sept. 2011. This source is a publication which documents each of the Maryland legislators arrested and their “crimes.” It also documents when they were arrested and when they were released.



Letters

Brown, George W. Letter to Abraham Lincoln. 18 Apr. 1861. Abraham Lincoln Papers. Washington: Library of Congress, n.d. N. pag. Library of Congress. Web. 7 Oct. 2011. <http://memory.loc.gov/bin//?ammem/:@field(DOCID+@lit(d0918600))>. The letter tells Abraham Lincoln of the deadly conditions in Baltimore. It ask him to order that no more troops pass through Baltimore.

Hicks, Thomas A. Letter to Abraham Lincoln. 18 Apr. 1861. Abraham Lincoln Papers. Washington: Library of Congress, n.d. N. pag. Library of Congress. Web. 7 Oct. 2011. <http://memory.loc.gov/bin//?ammem/:@field(DOCID+@lit(d0920400))>. Thomas Hicks was the governor of Maryland.  He was instrumental in keeping his state in the Union.  The letter talks about events that took place in April, 1861, in  Baltimore, MD.

Hicks, Thomas H. Letter to Simon Cameron. 20 Apr. 1861. Abraham Lincoln Papers.

Washington: Library of Congress, n.d. N. pag. Library of Congress. Web. 7 Oct. 2011. <http://memory.loc.gov/bin//?ammem/:@field(DOCID+@lit(d0926400))>. This letter written by Maryland’s government to one of Lincoln’s advisors provides information on the Baltimore riots in April, 1861.

Lincoln, Abraham. “Arrest of Maryland Legislature.” Letter to WInfield Scott. 25 Apr. 1861. Abraham Lincoln Paper. N.p.: n.p., n.d. N. pag. Library of Congress. Web. 15 Jan. 2012. <http://memory.loc.gov/bin//?ammem/:@field(DOCID+@lit(d0940400))>. A letter from the President to General Winfield Scott, the head of the Army of the Potomac, recommending that no action be taken against the Maryland State Assembly.

McClure, Alexander K. Letter to Abraham Lincoln. 15 Jan. 1861. Abraham Lincoln Papers. N.p., 1861. N. pag. Library of Congress. Web. 15 Jan. 2012. <http://memory.loc.gov/bin//?ammem/:@field(DOCID+@lit(d4184200))>. This letter to President Lincoln tells of Governor Hicks’ fears for his life.

Books

Brown, George William. Baltimore and the Nineteenth of April 1861: A Study of the War. Baltimore: Johns Hopkins University Studies, 1887. N. pag. Google Scholar. Web. 15 Jan. 2012. This book deals with events affecting Maryland in the early days of the Civil War conflict.  This source is written by a man who was intimately involved in the activities.

Newspapers

“Affairs in Maryland.” The New York Times 20 Dec. 1860: n. pag. The New York Times. Web. 20 Jan. 2012. This article written after Lincoln was elected provides an accurate account of a seccionist meeting in December, 1860.







“The Close of the Potomac Another Rebel Triumph.” The New York Times 29 Sept. 1861: n. pag. NYtimes. Web. 20 Jan. 2012. <http://NYtimes.com/////close-of-the-potomac-another-rebel-triumph.>. This article talks about the Confederate closing of the Potomac River in the early years of the war.  It shows how vulnerable Washington was and how easily it could have been cut off from the rest of the country if Maryland had seceded.

“Compromise the Border States and the Union.” The New York Times 28 Jan. 1861: n. pag. The New York Times. Web. 17 Jan. 2012. This lengthy article provides an opinion from early in the Civil War of  how the Union should act towards the Border States.  Although they had slavery, they chose to stay with the Union.  This was much desired because it was states that wouldn’t have to be won back.

Correspondence of the New York Times. Editorial. The New York Times 12 Sept. 1861: n. pag. The New York Times Archives. Web. 17 Jan. 2012. <nytimes.com>. This article from the early days of the Civil War talked about the possibility of Kentucky staying with the Union.  For much of the war, Lincoln tried not to offend the border states.

“IMPORTANT FROM MARYLAND.; SECESSION KILLED IN THE LEGISLATURE.”

The New York Times 30 Apr. 1861: n. pag. The New York Times. Web. 20 Jan. 2012.

<http://www.nytimes.com/////from-maryland-secession-killed-in-the-legislature>. At the time of this article, it was worried that Maryland would secede.  This article shows that they won’t.  It also talks about Virginia’s role in the issue.

“A Lesson from Maryland.” The New York Times 29 Apr. 1861: n. pag. The New York Times. Web. 20 Jan. 2012. <http://www.nytimes.com///>. This article published around the date of Maryland’s vote on secession talks about how the importance of the decision.

The National Republican [Washington D.C.] 30 Apr. 1861: n. pag. Chronicling America. Web. 15 Jan. 2012. <http://chroniclingamerica.loc.gov///-04-30///>. This newspaper article provides information about the Baltimore Riots of 1861 and the acts of Governor Hicks in 1861.

“News of the Day.” The New York Times 30 Apr. 1861: n. pag. The New York Times. Web. 20 Jan. 2012. <nytimes.com>. This article provides an account of both domestic and international news in late April 1861.  It talks about a call for troops and the fact that Maryland won’t secede.

“The Object of Secession Out at Last.” The New York Times 26 Dec. 1860: n. pag. NYtimes. Web. 20 Jan. 2012. <http://www.nytimes.com/////object-of-Secession-out-at-last>. This article is written after Lincoln was elected, but before he was inaugurated. It talks about the possibility of secession by various states.

“Our Country in Peril-Its Deliverance.” Danville Quarterly Review Mar. 1861: 73. American Periodicals Series Online. Web. 4 Nov. 2011. This article provides a viewpoint of succession and the right of states to secede.  This was published the month of Lincoln’s inauguration.

“OUR FREDERICK CORRESPONDENCE.” The New York Times 1 May 1861: n. pag. The NewYork Times. Web. 20 Jan. 2012. <http://NYtimes.com/////frederick-correspondence>. This article is an eye witness account of the mood in Fredrick at the time of the vote on secession.

“The Position of Maryland Military Necessities.” The New York Times 20 Apr. 1861: n. pag. Print. This article written just after the start of the war, is an open letter to the paper.  In it the author urges the government to provide well for the army.

Raymond, Henry J. “The Disunion Question.” Editorial. The New York Times 13 Dec. 1860: n. pag. Print. This is an open letter published in the Times from Mr Raymond to Mr Yancey dealing with slavery and secession.



Magazines

“Down with the Flag!” Vanity Fair 6 Apr. 1861: 167. American Periodicals Series Online. Web. 4 Nov. 2011. An political humor magazine belittling the South’s succession.

Photos

Honorable Thomas Holliday Hicks. 1855-1865. Library of Congress, Brady-Handy Collection. Library of Congress. Web. 15 Jan. 2012. <http://www.loc.gov/////>. This is a glass negative of the Hon. Thomas H. Hicks, governor of Maryland.  It allowed me to know what he looked like, since he played such a big part in keeping Maryland with the Union.

Picture of Abraham Lincoln. N.d. Lawyer Coach LLC. Web. 14 Mar. 2012. <http://www.lawyer-coach.com/index.php/2011/02/21/on-presidents-day-abraham-lincolns-advice-on-lawyering/>. This picture provides a visual of the president of the United States during the process of a possible Maryland Secession, Abraham Lincoln.

The Sixth Regiment of the Massachusetts Volunteers Firing Into the People in Pratt Street, While Attempting to Pass Through Baltimore En Route for Washington, April 19, 1861. 1861. Library of Congress, Washington D.C. Library of Congress. Web. 15 Jan. 2012. <http://www.loc.gov////>. This picture provides a visual of the troops that passed through Baltimore causing the riots. It also provides a visual of the riots.





Websites

“Arrest of the Maryland Legislature, 1861.” Teaching American History. Maryland State Archieves, 2005. Web. 20 Jan. 2012. <http://teachingamericanhistorymd.net.  This website, sponsored by the State of Maryland provided both background detailed  information surrounding Maryland and its part in the Civil War.  I chose to include it in primary because it consisted mainly of primary documents.









Secondary Sources

Interviews

Engle, Stephen. Personal interview. 4 Oct. 2011. Dr Engle is a professor of American Civil War history at Florida Atlantic University.  He provided facts about the events surrounding Maryland’s possible secession.  His insight put the story into perspective.

Kraut, Alan. Personal interview. 6 Mar. 2012. Professor Kraut provided analysis of the paper. He gave his criticism of the paper to the student to enhance his paper.

McMillen, Sally. Personal interview. Nov. 2011. Dr McMillen is a professor at Davidson College in North Carolina.  She explained how women partiipated in the Civil War.









Books

Berkin, Carol. A Brilliant Solution. Orlando: Harcourt, 2002. Print. This book is about the origins of the United States Constitution. From this book I learned why slavery was left out of the United States Constitution.

Coolidge, Olivia. “War Opens.” The Statesmanship of Abraham Lincoln. New York: Charles Scribner’s Sons, 1976. 37-44. Print. This book gives an overview of Lincoln’s presidency.  It provides facts about Maryland and the events that transpired in April, 1861.

Garcia, Jesus, Creating America: A History of the United States. Evanston, IL: McDougal Littel, 2007. 481-485. Print. This history textbook provides background research of the Civil War.  It gives a good overview of the causes and early events.

Goodwin, Doris Kearns. Team of Rivals. New York: Simon & Schuster, 2006. N. pag. Print. This book deals with Lincoln and his handling of the Civil War and his cabinet.  From it I learned how he dealt with the possible secession of Maryland and the riots that broke out there early in his presidency.

Pavković, Aleksandar, and Peter Radan. Creating New States: Theory and Practice of Secession. Hampshire, England: Ashgate Publishing Ltd., 2007. N. pag. SIRS Discoverer. Web. 1 Nov. 2011. This books talks about the right of secession world wide.  I used it for the section on Texas.

Ward, Geoffrey C., Ric Burns, and Ken Burns. The Civil War. New York: n.p., 1990. Print. This book provides information regarding the Baltimore Riots in April 1861.





Newspapers

Freivogel, William. “THE JUDICIARY.” ST. LOUIS POST-DISPATCH [St.Louis] 5 Apr. 1987: 1B+. SIRS Discoverer. Web. 4 Oct. 2011. This article provides information about the Judicial Branch and its enforcement of laws.

Journal

Richey, Warren. “New Lawsuits Challenge Congress’s Detainee Act.” Christian Science Monitor 6 Oct. 2006: n. pag. SIRS Discoverer. Web. 4 Nov. 2011. This article provides facts on the Writ of Habeas Corpus and an act that if in place at the time of the researched event could have altered some actions and/rulings.

Map

Map of Washington DC. Map. Destination 360. N.p., 2006. Web. 14 Mar. 2012. <http://www.destination360.com/north-america/us/washington-dc/map>. The map is used as a visual to help the reader understand Maryland’s unique geographic location

Websites

“Abraham Lincoln and Maryland.” Abraham Lincoln’s Classroom. The Lincoln Institute, 2012. Web. 14 Mar. 2012. <http://www.abrahamlincolnsclassroom.org/Library/newsletter.asp?ID=108&CRLI=156>. This web site provides a large over view of Abraham Lincoln and his handling of Maryland during his Presidency.

Freeman, Joanne, comp. “Time Line of The Civil War, 1861.” Library of Congress. N.p., n.d. Web. 14 Mar. 2012. <http://lcweb2.loc.gov/ammem/cwphtml/tl1861.html>. This page is a timeline of the Civil War in 1861. It provides a national overview of the events that were occurring in the early days of the Civil War.