502 HISTORY OF THE COUNTY OK WESTCHESTER. 



to observe at the threshold, that my action in the premises was taken entirely 

 on my own responsibility, without instructions from, or consultation with any 

 person whatever. 



And now I wish most respectfully to inform your Honor, that I regard the 

 writ of Habeas Corpus as the very basis of free government, and that under all 

 ordinary circumstances I am very ready to acknowledge the supremacy of the 

 civil authorities. But, as you admit, the Constitution of the United States has 

 provided that this writ of Habeus Corpus may be suspended in case of rebellion, 

 if the public safety require it. You, however, allege that there is "no such 

 state of affairs existing as would authorize its suspension." On this point it is 

 with regret that I am compelled to differ from so eminent an authority ; and I 

 am further constrained to add, that the question is one of fact, rather than opinion. 



At the date of issuing your writ, and for two weeks previous, the city in which 

 you live, aud where your court has been held, was entirely under the control of 

 revolutionary authorities ; within that period U. S. Soldiers, while committing 

 no offence, had been perfidiously attacked and inhumanly murdered in your 

 streets ; no punishment had been awarded, and I believe no arrests had been 

 made for these atrocious crimes ; supplies of provisions intended for this garrison 

 had been stopped ; the intention to capture this fort had been boldly proclaimed ; 

 your most public thoroughfares were daily patrolled by large numbers of troops, 

 armed and clothed, at least in part, with articles stolen from the United States ; 

 and the Federal flag, while waving over the Federal offices, was cut down by 

 some person wearing the uniform of a Maryland soldier. To add to the forego- 

 ing, an assemblage elected in defiance of law, but claiming to be the legislative 

 body of your State, and so recognized by the Executive of Maryland, was de- 

 bating the forms of abrogating the Federal compact. If all this be not rebellion, 

 I know not what to call it. I certainly regard it, as sufficient legal cause for sus- 

 pending the writ of Habeas Corpus. 



Besides, there were certain grounds of expediency on which I declined obey- 

 ing your mandate. 



1st. The writ of Habeas Corpus, in the hands of an unfriendly power, might 

 depopulate this fortification and place it at the mercy of a " Baltimore mob," in 

 much less time than it could be done by all the appliances of modern warfare. 



2d. The ferocious spirit exhibited by your community towards the United 

 States army, would render me very averse from appearing publicly and unpro- 

 tected in the City of Baltimore, to defend the interests of the body to which I 

 belong. A few days since, a soldier of this command, while outside the walls, 

 was attacked by a fiend or fiends in human shape, almost deprived of life, and 

 left unprotected about half a mile from garrison. He was found in this situa- 

 tion, and brought in covered with blood. One of your evening prints was quite 

 jocose over the laughable occurrence. 



And now, sir, permit me to say in conclusion, that no one can regret more than 

 I this conflict between the civil and military authorities. If, in an experience of 

 thirt y-three years you have never before known the writ of Habeas Corpus to be 

 disobeyed, it is only because such a contingency in political affairs as the present 

 has not before arisen. I claim to be a loyal citizen ; and I hope my former con- 

 duct, both official and private, will justify this pretension. In any condition of 

 affairs except that of civil war, I would cheerfully obey your order; and as soo n 



