Collected Works of Abraham Lincoln. Volume 5 [Oct. 24, 1861-Dec. 12, 1862].

Annotation

[1]   ADfS, DLC-RTL. The circumstances of the arrest of Judge Richard B. Carmichael, whose release was requested by Representative Crisfield and Senator James A. Pearce of Maryland, are recounted in the report of General John A. Dix to Secretary Stanton, June 25, 1862, which reads in part as follows: ``In October [October 3, 1861] last I was authorized by the Secretary of State to arrest Judge R. B. Carmichael of [Talbot County] the Eastern Shore of Maryland, if I should deem it expedient . . . and if necessary in his own Court. In the communication . . . was enclosed a printed memorial . . . to the Legislature of Maryland, signed by him and expressing the most disloyal sentiments. . . . I did not . . . deem it advisable to make the arrest at that time. Soon afterwards a Military arrest was made on the Eastern Shore . . . in a county in Judge Carmichael's

District, by Officer of the Second Regiment of Delaware Volunteers. At the next term of the Court, the Judge charged the Grand jury that it was their duty to present all persons concerned in such arrest. . . . His charges in . . . other Counties as well as this, were of a most disloyal and offensive character. . . . Under the charge referred to the Hon. Henry H. Goldsborough, President of the Senate of Maryland and several officers of the 2nd. Delaware . . . I was informed that bills of indictment had been found against them. The trial of the Hon. Mr. Goldsborough was expected to take place in . . . May last, and four Officers of the Delaware Regiment were summoned as witnesses in his behalf. They came to me and expressed a great unwillingness to obey . . . as they had been presented by the Grand jury . . . and would be arrested if they made their appearance in the county. . . . I dispatched Mr. [Daniel H.] McPhail, Deputy Provost Marshal of the Baltimore Military Police with four police-men to Easton . . . where the Court was in session [May 23-27], to accompany the four officers . . . with instructions to arrest Judge Carmichael, if on consultation with . . . Mr. Goldsborough, it should be thought expedient. . . . It was, on full consideration, deemed expedient that the arrest should be made in Court in order that the proceeding might be the more marked. . . . When Mr. McPhail accompanied by two . . . policemen ascended the bench and respectfully announced to the Judge the order to take him into custody by the authority of the United States, he denied the authority of the Government and made a violent attack on one of the policemen. Mr. McPhail was thus compelled to use force to secure him, and he unluckily received a superficial wound on the head. . . .'' (DLC-RTL). Judge Carmichael was released on Stanton's order, December 2, 1862.