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[389] violence, which circumstances alone could give a constitutional authority for this organized military force to occupy the state. The commanding general, Schenck, soon issued an order, of which the following is an extract:
Martial law is declared and hereby established in the city and county of Baltimore, and in all the counties of the Western Shore of Maryland. The commanding General gives assurance that this suspension of civil government within the limits defined shall not extend beyond the necessities of the occasion. All the civil courts, tribunals, and political functionaries of State, county, or city authority, are to continue in the discharge of their duties as in times of peace, only in no way interfering with the exercise of the predominant power assumed and asserted by the military authority.

It will be noticed that this military force of the government of the United States had no constitutional permission to come into Maryland and exercise authority; that the commanding general says that the civil government of the state is suspended within certain limits; that this suspension will be continued according to the necessities of the occasion; that the courts and political functionaries may discharge their duties, only in no way interfering with the exercise of the predominant military power. Now, where were the ‘just powers’ of the state government at this time? They were suspended in a part of the state, says the commanding general, and for so long a time as the military authority may judge the necessities of the occasion to require, and that the courts and political functionaries may discharge their duties while recognizing the supremacy of the military power. Thus was the state government subjugated.

A further subversion of the state government was now commenced by an invasion and denial of some of the unalienable rights of the citizens, for the security of which that government was instituted. The Constitution of the United States says:

No person shall be deprived of life, liberty, or property, without due process of law.1

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.2

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.3

Congress shall make no law abridging the freedom of speech or of the press.4

The Declaration of Independence says:

That they are endowed by their Creator with certain unalienable rights; that

1 Article V, amendment.

2 Article IV, amendment.

3 Article VIII, amendment.

4 Article I, amendment.

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