Among the "war Democrats," however, there
was at least ostensible liberality.
An early question related to the writ of habeas corpus. The Maryland
legislature was to meet on April 26, 1861, and was expected to guide the
State in the direction of secession. Many influential men urged the
President to arrest the members before they could do this. He, however,
conceived such an interference with a state government, in the present
condition of popular feeling, to be impolitic. "We cannot know in
advance," he said, "that the action will not be lawful and peaceful;"
and he instructed General Scott to watch them, and, in case they should
make a movement towards arraying the people against the United States,
to counteract it by "the bombardment of their cities, and, in the
extremest necessity, the suspension of the writ of habeas corpus." This
intimation that the suspension of the venerated writ was a measure
graver than even bombarding a city, surely indicated sufficient respect
for laws and statutes. The legislators restrained their rebellious ardor
and proved the wisdom of Mr. Lincoln's moderation. In the autumn,
however, the crisis recurred, and then the arrests seemed the only means
of preventing the passage of an ordinance of secession. Accordingly the
order was issued and executed. Public opinion upheld it, and Governor
Hicks afterward declared his belief that only by this action had
Maryland been saved from destruction.
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