For 27 hours, British ships bombarded Fort McHenry, but, as Francis Scott Key eloquently recalled, “Our flag was still there.” This attack on the Maryland fort took place more than three months before the Americans and British signed the Treaty of Ghent on Dec. 24, 1814. More than two weeks later and 1,000 miles away, the British landed its fleet 60 miles east of New Orleans, preparing to take the city.
To maintain order, Gen. Andrew Jackson took the unprecedented step for an American general and issued martial law. Beginning on Dec. 16, New Orleans would be under his military authority. Starting on Dec. 23 and over the course of the next two weeks, hostilities ensued between the Americans and British, culminating in the lopsided victory for Jackson and his makeshift army on Jan. 8, 1815. The British retreated and finally sailed from New Orleans on Jan. 18. The threat was gone; martial law, however, remained.
In mid-March, Jackson received official word about the Treaty of Ghent and immediately lifted martial law. Hall fined Jackson $1,000 for contempt of court—a fine the general quickly paid. His actions raised constitutional questions—questions that arose during his presidential election bids in 1824 and 1828.
False Moves
Before Abraham Lincoln took the oath of office to become president on March 4, 1861, seven states had already seceded from the Union over the issue of slavery. During Lincoln’s inauguration, he stated, “I have no purpose, directly or indirectly, to interfere with the institution of slavery in the States where it exists. I believe I have no lawful right to do so, and I have no inclination to do so.”His assurances to the Southern states, however, were not be enough to stem the rolling tide of secession. By Feb. 18, the seven states had formed the Confederate States of America and inaugurated its first president, Jefferson Davis. South Carolina had been leading the charge of secession, and now it had its sights set on Fort Sumter, which was garrisoned by 80 federal troops.
Over the course of several months, Fort Sumter became the focal point between the U.S. government and the new Confederate government. One false move by either side could lead to all-out war. The result was several false moves.
Before Lincoln took office, President James Buchanan attempted to have the federal troops at Fort Sumter resupplied. The ship carrying supplies was forced to retreat under fire from cadets at the Citadel Military College. Lincoln was left with the Fort Sumter situation, and his cabinet was split on whether to resupply or surrender the fort. On April 4, Lincoln informed the Confederacy of his plan to resupply the troops.
Davis consulted his cabinet. The Confederates chose to attack the fort and force its surrender, before the supply ships arrived. On April 12, at 4:30 a.m., nearly 36-hour bombardment began. The outgunned and outmanned federal troops under the command of Maj. Robert Anderson, fired back, but eventually capitulated. Although there were no casualties on either side during the attack on Fort Sumter, it nonetheless began the Civil War.
The Baltimore Riot
When Lincoln issued his April 15 proclamation, the Sixth Massachusetts Regiment boarded a train the next day for Washington to protect the capital. From Boston through Springfield, Hartford, New York City, Trenton, and Philadelphia, the volunteer regiment was met with cheers from thousands of citizens. It was a very different scene when it reached Baltimore. A mob had gathered, prepared to make the regiment’s passage through the city far from a welcoming experience.Since trains were not allowed to pass through the city limits, the soldiers boarded horse-drawn train cars. Citizens, however, had thrown sand and boat anchors onto the tracks, forcing the militia members to travel the rest of the journey on foot. Before continuing, all the soldiers were ordered to load their weapons and be prepared to fire if fired upon.
Lincoln’s Infamous Order
Fearing more violent provocation from the arrival of federal troops, Maryland Governor Thomas Hicks ordered the destruction of railroad bridges connecting Baltimore to the Northern states. While bridges were destroyed, Maryland secessionists destroyed communication lines with Washington. Hicks, who had long advocated for neutrality between the Northern and Southern states, finally called for a special session to vote on secession. Instead of Annapolis, he recommended the session be held in Frederick where there was strong Union sentiment. The session would begin on April 26.Lincoln received word that a special session would be held, and he informed Commanding General of the Army of the United States Winfield Scott to take measures to ensure Marylanders did not arm themselves against the federal government. Two days after his communication with Scott, Lincoln took an unprecedented step for a president.
Testing Lincoln’s Order
Lincoln was aware of the constitutional quandary that came with such an order, but with Congress out of session until July, he was compelled to act. A month after his order to Scott, its constitutionality was tested.On May 25, John Merryman, a lieutenant in the Baltimore County Horse Guards who had assisted in destroying the Baltimore bridges, was arrested, indicted for treason, and held indefinitely at Fort McHenry. Merryman’s lawyers petitioned Maryland’s U.S Circuit Court for a writ of habeas corpus. The petition fell to Roger B. Taney, who oversaw the circuit court and was also chief justice of the Supreme Court. Taney issued a writ to Gen. George Cadwalader, the arresting officer, to bring Merryman before the court. Cadwalader refused, citing Lincoln’s order. Reminiscent of Jackson and Hall, Taney cited Cadwalader for contempt of court.
Lincoln’s Response
Before the July 4 session, Lincoln further extended his suspension of the writ of habeas corpus to part of the Florida coast and between Philadelphia and New York. When the president stood before Congress, he addressed Taney’s opinion, asking rhetorically, “Are all the laws but one to go unexecuted, and the Government itself go to pieces lest that one be violated? Even in such a case, would not the official oath be broken if the Government should be overthrown when it was believed that disregarding the single law would tend to preserve it?”Lincoln relented somewhat, stating, “Whether there shall be any legislation upon the subject, and, if any, what, is submitted entirely to the better judgment of Congress.” Congress, for some reason, did not pass legislation regarding the suspension of the writ until March 3, 1863.
Interestingly, since 1815, 600 years after the Magna Carta was created, this suggestion that “the Constitution itself is silent as to which or who is to exercise the power” continues to be a subject of constitutional debate among legal scholars.
