FortSanders
Well-Known Member
- Joined
- Oct 27, 2018
- Messages
- 916
- Likes
- 1,609
On May 27, 1862, Maryland's Talbot County courthouse was surrounded by Union troops to support federal Provost Marshals in the arrest of Judge Richard Bennett Carmichael. Four Provost Marshals barged into the Judge’s courtroom and bloodily bludgeoned him with the butt of a pistol in front of his jury and civilian spectators. Prosecuting attorney J.C.W. Powell rushed to the judge’s aid and the crier of the court ran to the window to call for the Sherriff, but both were physically subdued. All three were sent to Fort McHenry for imprisonment.
The next day the federal War Department issued a press release stating that the Judge had been imprisoned for treason. The press release was published in every major Northern newspaper and in Europe as soon as the news crossed the Atlantic. Judge Carmichael and attorney Powell were imprisoned for over 9 months under the harshest conditions without trial or charges ever placed against them.
These men were imprisoned and denied their basic constitutional rights to have legal counsel challenge the validity of their imprisonment, to be presented with charges, to have the government’s charges reviewed by a civilian court, to confront their accusers or to provide a defense in a civilian court of law. All these constitutional rights were denied because the President had suspended the sacred right of habeas corpus, an act that the Constitution had granted solely to Congress and not the Executive.
Let us not forget.
The next day the federal War Department issued a press release stating that the Judge had been imprisoned for treason. The press release was published in every major Northern newspaper and in Europe as soon as the news crossed the Atlantic. Judge Carmichael and attorney Powell were imprisoned for over 9 months under the harshest conditions without trial or charges ever placed against them.
These men were imprisoned and denied their basic constitutional rights to have legal counsel challenge the validity of their imprisonment, to be presented with charges, to have the government’s charges reviewed by a civilian court, to confront their accusers or to provide a defense in a civilian court of law. All these constitutional rights were denied because the President had suspended the sacred right of habeas corpus, an act that the Constitution had granted solely to Congress and not the Executive.
Let us not forget.