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

To John W. Crisfield1Jump to section

Executive Mansion,
Hon. John W. Crisfield. Washington, June 26. 1862.

My dear Sir: I have been considering the appeal made by yourself, and Senator Pearce in behalf of Judge Carmichael. His charge to the Grand-Jury, was left with me by the Senator, and, on reading it, I must confess I was not very favorably impressed towards the Judge. The object of the charge, I understand, was to procure prossecutions, and punishment of some men for arresting, or doing violence to some secessionists---that is, the Judge was trying to help a little, by giving the protection of law to those who were endevoring to overthrow the Supreme law---trying if he could find a safe place for certain men to stand on the constitution, whilst they should stab it in another place.

But possibly I am mistaken.

The Secretary of War and I have agreed that if the Judge will take the oath of allegiance, usually taken in such cases, he may be discharged. Please ascertain, and inform me whether he will do it. Yours very truly A. LINCOLN

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

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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.