The despotism at the North.
the case of
Isabella Brinsmade — a Judicial examination — the way personal liberty is Protected in the
United States.
The people at the
North seem to have lost the last vestige of a claim to the rights of freemen — But a Board of Police Commissioners have been investigating the conduct of Superintendent and
Provost Marshal Kennedy, and the result of the investigation seems to have roused the public there to a slight realization of the fact that it has lost its liberty.
The case was the arrest of
Mrs. Isabella Brinsmade, of New Orleans, and the ‘"improper conduct"’ of
Kennedy in connection therewith.--The Board met at
Hoboken, and the moment of the opening the proceedings was taken advantage of by several frightened witnesses to disclaim any connection with having preferred charges against the
Provost Marshal.
We give some of the evidence reported in the New York papers:
Dr. Charles Phelps was then examined.
Knew
Mrs. Brinsmade in New Orleans; came with her from New Orleans; went to the
Everett House with her; was arrested by a man named
Bowles and another man; supposed it to be on the authority of
Colonel Baker, the
Provost Marshal of the War Department; did not know why he was arrested; it was intimated that he was a disloyal person; he was confined in the
Old Capital Prison; came to New York immediately after he was released; heard that
Mrs B had been arrested; went to
Mr. Kennedy to inquire where she was; went to
Mr. Kennedy's house, introduced himself, and made known his business; was told to call at head quarters; on calling on
Mr. Kennedy, he was informed that
Colonel Baker had written him regretting that he had not kept him (the witness) in prison longer; asked for permission to communicate with
Mrs. Brinsmade;
Mr. Kennedy advised him not to interfere in the case any farther, and if he did he would be locked up; the only difference in the manner of
Mrs. Brinsmade and the other ladies on board the vessel was the great kindness she exhibited towards some sick and disabled
United States soldiers who were on board; had never heard her denounce the
Government or its supporters, or refer to Government matters; she objected personally to
Capt. Burt, who had informed against her.
Cross examined by Mr. Dean.--Had known
Mrs Brinsmade for some time in New Orleans; knew that she had a husband, and has since been informed that her husband was in the
Confederate service; during
Mrs. B.'s stay in New York she stopped at the
Everett House;
Mr. Eton, a midshipman, a friend of
Mrs. Brinsmade, stayed also at the
Everett House, at the same time; while at
Hampton Roads,
Mrs. Brinsmade telegraphed to witness; did not have that dispatch with him; the contents of the dispatch were that she was at
Washington, and that she would be glad to see him; had no business with the lady.
Dr. Phelps here requested to be allowed to make a remark.
He had been intimately acquainted with
Mrs. Brinsmade since she left New Orleans, and he wished to say that their association had been of an entirely honorable character.
There had, it seemed, been some imputation cast on the character of their intimacy, which he had taken this opportunity to pronounce as unqualifiedly false.
Cross-examination resumed.--On the night he arrived in New York he visited several hotels in search of
Mrs. Brinsmade;
Mr. Kennedy did not stale, when he called on him, that the lady was held at the order of
Col. Baker and not on his own; had no recollection of such statement;
Mrs. Brinsmade visited the Old Capitol prison to see witness; she said that she was under arrest, and was to be sent to New Orleans; one of
Baker's men was in company with
Mrs. Brinsmade.
Redirect.--The manner in which
Mr. Kennedy replied to question of witness was not given in a friendly manner, but rather as a threat.
Dr. Phelps then withdrew, and
Mrs. Brinsmade was introduced.
The lady is remarkably good- looking, about twenty-five years old, medium height, and bears all the impress of the
Southern belle.
She was very neatly but richly attired, and gave her evidence in a very composed manner.
My name is
Isabel M. Brinsmade; I reside in New Orleans; I was born there; I left there about the 25th of August last, on the steamer
Fulton; I was coming to New York for the purpose of transacting private family business; I intended to remain a short time in New York; after I got here, I made up my mind to go to
Washington; on the passage here, I knew the
Captain, his wife, and son,
Dr. Phelps, and some of the lady passengers; we arrived at New York on the 25th of September; I went to the
Everett House; afterward went to
Brooklyn; was there a week; I resided there with a friend — an old connection; I then went to
Washington; was there four days; was arrested by one
Bowles, an officer, who told me it was by order of the
Provost Marshal of
Washington city,
Colonel Baker, before whom I was taken; they took from me my private papers, my pictures-- portraits of myself;
Baker told me I was arrested by order of the
Secretary of War; that I was accused of being a rebel spy — of having treasonable papers in my possession; he told me they would send me to New Orleans; I told him I had not done anything to deserve that; he said I had been indiscreet in remarks about the
Government; that I had said
Stonewall Jackson was the only man who could fight
McClellan, [laughter,] which of course I acknowledged, [great laughter;] he told me that I was going to be sent to New Orleans; that I was to be taken to New York, and kept a prisoner at the
St. Nicholas Hotel until I was sent away; that on Saturday he was going to New York, and would release me; he said there was nothing in my private papers to hold me as a spy; he said my letters were very affectionate; he said my pictures were, one or two of them, good looking, and he proposed to preserve and keep them because they were good- looking: he informed me that he could not return my pictures and letters until the next day, because he wished to show them to the
Secretary of War before he gave them to me; when I came to
New York Bowles brought me to the headquarters, in Broome street, in a carriage.
Q — What was
Bowles's conduct and manner toward you? A.--He was exceedingly affectionate, and called me my dear
Bella; when he got out of the carriage he did not tell me the place it was, saying he stopped for orders; when he came back he told me I was to be taken to the Forty-seventh street station-house; the driver got down from his seat on the carriage, and I saw a gentleman whom I knew; I told the driver to tell that gentleman where he took me; I never saw
Mr. Kennedy; I should not know him if I should see him; during my confinement in the station-house I saw the
Captain and
Sergeants and policemen every day--
Col. Baker came after I had been there three weeks; he said that he had come to release me; that the
Secretary of War and
Kennedy were anxious to have me sent to New Orleans; that
Kennedy had written to him, urging my release, from time to time, and that he had pleased him (
Kennedy) by telling him to inquire when certain vessels were going to New Orleans; that
Kennedy had been very anxious to have me sent to New Orleans, and that he (
Baker) had persuaded the
Secretary of War not to do it; that
Mr. Kennedy had been repeatedly requesting the order to send me to New Orleans; that he had told him to see about some ships leaving for New Orleans; that it was to employ and please
Kennedy; that
Kennedy asked him, when he arrived in New York, whether he had an order for my removal South; that he had told
Kennedy ‘"No."’ that he had brought a release; that
Kennedy said, ‘"I will serve it — I would prefer doing it myself; "’
Baker told me I would be released next day, at 9 or 12 o'clock; he was going to
Albany, and would return in the morning; that I should not go away with any one else but him; that if I let
Kennedy know where I went
Kennedy would arrest me again; he advised me to leave New York for a few days, because, if
Kennedy knew where I was going, he would arrest me; I asked
Bowles what was to become of me; he said he did not know; he had not read his orders from the War Department; I frequently asked the officers, when they went down to headquarters in the morning, to ask
Mr. Kennedy if he had any orders about me; the invariable reply was that ‘ "
Kennedy can't do anything for you until he receives orders from the War Department;" ’ when
Baker promised to let me out he said I had better not remain in New York; that he wanted me to go to
Philadelphia with him, that he would take me away himself; that if I would go with him I should be discharged, because then he would take me where neither
Kennedy nor anybody else would molest me again.
I frequently sent messages to
Mr. Kennedy by
Captain Slocum and others; I had not been guilty of any offence; I did not meddle with political affairs; I wanted to come North, and my business had no connection with any political or military subject; I had a pass from the
military commander of New Orleans to come here.
I had letters to
Messrs. Elliott,
Searing, and others, authorizing them to advance me money to defray my expenses — whatever I wanted.
To Mr. Dean.--I never saw
Mr. Kennedy until now; so far as I know, he had nothing to do with my arrest; I always supposed that
Mr. Kennedy was not my custodian — or that the officers who had charge of me, and without whom
Kennedy could do nothing, were at the War Department; that was the invariable reply to my inquiries;
Baker told me I was a prisoner by order of the
Secretary of War.
To Mr. Bowen.--I was treated with the utmost respect by all the officers and policemen at the station house; I was treated very rudely by
Bowles and
Baker; I have no complaint to make as far as the station-house is concerned.
To Mr. Dean.--I was kept in a little room, next to the large room where complaints are all entered on the books; I had a separate room by myself; I was taken to the adjoining house for my meals, and was comfortable; the room was cold, but one of the wardens lent me a rug; my privacy was not invaded; they all treated me with respect; they all thought my imprisonment an outrage.
Q — They did not put you in a cell?
Mrs. Brinsmade, (earnestly.)--Oh, they would not dare to do that [laughter;] I was allowed no communication with the outside world; they refused to send letters, even under their supervision, but I managed to pitch one out of the window, which some kind person put in the post-office, and it reached its destination; the officers said they had no authority to permit me to write;
Baker told me that
Draper could not get me out; that
Draper was a man of no influence or power, and could not get me out; I had no means of communicating with friends or counsel during the forty days of my imprisonment in the station house.
Some portions of
Mrs. Brinsmade's testimony were repeated, in order to secure accuracy in the official reporter's notes.
The above is the substance of all her testimony, and in nearly every instance, is exactly her own language.
Mrs. J. K. Elliott was the next witness; she testified as follows: I have known
Mrs. Brinsmade since she was a child; knew her in New Orleans; have known her from childhood; was a neighbor of her father's; when I heard that
Mrs. Brinsmade was a prisoner, I called upon
Mr. Kennedy in company with
Mrs. Converse, who had also known
Mrs. Brinsmade; I asked where she was confined, by whose order, and for what reason;
Mr. Kennedy said she was arrested as a general spy; that he had watched her since her landing in New York; that his presence had overshadowed her since she arrived here; that when she was in
Brooklyn he had been there; when she was at the
Everett House he was there; that when she went to
Washington his presence followed her there, and that when he got her in the right place where he could prevent her doing mischief, he had arrested her; I asked who was her accuser?
who had arrested her?
what had she done?
he said he was her accuser; ‘"I, madam, I am her accuser;"’ those were the very words he used.
Q.--Did you ask permission to see
Mrs. Brinsmade?
A.--I did; he said I could not see her; he did not tell me where she was; I told him I had been there and tried to see her; I went there first, supposing I could see her without trouble.
Q.--Did you explain to the
Superintendent that you were interested in her — that you had known her before?
A — Yes, sir; I said I had known her from childhood; I do not remember whether I told him all; I was in the office ten or fifteen minutes;
Mr. Kennedy said she was a general spy, and ought to be hung; I told him that she was a young and giddy girl, ill suited to such a mission — that she was not capable of being a spy;
Mr. Kennedy said she ‘"was just as capable of being a spy for all that; that she was just like the rest — even that woman who made a wagon of herself to carry quinine to the rebel soldiers; that her husband was in the rebel service and had lost his arm in it, but that did not dampen his ardor;"’ I did not get permission to see
Mrs. Brinsmade.
Mr. Barlow said he wished to ask this witness a question as to
Mr. Kennedy's manner.
He had several interviews with him, and knew that
Mr. Kennedy had two ‘"usual manners." ’ He wished to ascertain which manner
Mr. Kennedy had in use at the time.
Q.--What was his general tone and manner while addressing you? A.--I thought it rather stern; he said, ‘"I, madam, I,"’ in that abrupt manner.
Q.--He was not insulting to you? A.--No, sir; nothing more than in addressing me in that manner.
I made an application to
Mr. Draper;
Mr. Draper said he had written to
Washington, and I should know about it as soon as he got an answer; he did not know anything about it himself.
To Mr. Dean--I never knew
Mr. Kennedy before; I introduced myself to him; I carried a letter of introduction to
Mr. Draper stating my business; it was a letter from
Dr. Tyng, whose politics and character were, I suppose, of the right stamp.
Mr. Barlow.--
Madam, ministers at the
North never have any politics [Laughter.]
Mrs. Elliott.--Except
Dr. Tyng.
[Laughter.]
Mr. Bowen, (smiling.)--What are his politics?
Mrs. Elliott.--Proper, of course.
[Renewed laughter.]
To Mr. Bowen.--[Testimony continued.]--I do not recollect that
Mr. Kennedy alluded to the War Department or the Police Department; he simply said he was waiting orders from ‘"the Department;"’ I inferred that to mean the Police Department.
Q.--Was there anything offensive in
Mr. Kennedy's demeanor?
Did he treat you with discourtesy?
Did he insult you? A.--No, sir; he did not insult me at all; I felt very much frightened, because I had never been in such a place before.
Mr. Bowen.--Yes, madam, the police have terrors [Laughter.]
Mr. Barlow.--Oh, he is an applicant for a small office in
Washington.
As to the charge of being traitorous, the action of the authorities at
Washington in releasing
Mrs. Brinsmade was conclusive on that point, and was proof of her innocence. --He would state that all her private papers and other articles which had been taken from her had been retained in
Washington, none of them having been returned to her.
The further hearing of the case was adjourned to Monday next.
The New York
World notices an attempted vindication made by
Superintendent of Police and
Ex-Provost Marshal Kennedy of his conduct in the case of
Mrs. Brinsmade, and adds:
Whatever was bad in this case before, blazes out as worse from this most amazing document.
If the lash was demanded by the original statement of
Mr. Kennedy's offences against law and order, the scorpion alone can adequately chastise his own avowal of those offences — for an avowal this pre tended and shameless vindication is. It is an instructive picture of the perils which impend over society whenever, from any cause, the bonds of legal order give way to the chaos of individual will and arbitrary license.
All the material facts of
Kennedy's outrages upon law and liberty are admitted by him. Its state that upon what he absurdly calls the ‘"semi- official"’ report of a passenger who came with
Mrs. Brinsmade from New Orleans, but who had no more ‘"official"’ connection with her or with
Mr. Kennedy than might consist in the fact that he conspired suspicious of the one and retailed the same to the other, a policeman was ordered by him to observe the lady's movements" in New York, and to follow her to
Washington.
Arrived in the latter city,
Mr. Kennedy's envoy engaged another agent,
Col. Baker, to assist him in his task of observation.
Mr. Kennedy now disavows agent number two, as ‘"a person of whom he never heard anything good;"’ but although he was notified at the time that the case had passed into these, as he now professes disreputable lands, he made no attempt to interfere with their action.
On the contrary, he suffered his own policeman to be used by these disreputable hands for the arrest of
Mrs. Brinsmade, and when the disreputable hands sent her on to him at New York accepted her as a good prize, shut her up, refused to allow any one to communicate with her, insulted those who sought to investigate the reasons of her duress, threatened them also with incarceration, and kept her under look and key in a station-house for forty days! And all this he did, as he now alleges, simply as a ‘"custodian"’ for a person of whom he ‘ "had never heard anything good."’
After remarking further on this showing which
Mr. K. makes for himself as if ‘"not aware of anything extraordinary or shocking to the public sense"’ therein, the
World notes one further feature in this case which has been unconsciously revealed by
Kennedy's confession, viz:
‘
It appears that some kins people of
Mrs. Brinsmade, for private reasons of their own, which, whatever may be their nature, having nothing under heaven to do with those public aspects of the case which alone concern public opinion and the law, found the lady's liberty an inconvenience to themselves.
One of these persons, a certain
Mr. Donn, now announces that he suggested to the
Washington official,
Baker — of whom
Mr. Kennedy declares that he ‘ "never heard any good,"’--the notable idea that the
Government should relieve him of his ‘"discomfortable cousin."’
Baker, he says ‘"adopted his advice,"’ and he is very much distressed that this plan of shutting
Mrs. Brinsmade up for forty days and sending her to New Orleans at the expense of the
Government all ‘ "for her immediate good and that of her family,"’ should have been interfered with!
’
Since the good old days of the
ancient regime in
France, when counts and marquises applied to the king for
lettres de cachet to rid themselves of unruly sons and disobedient daughters, made the Bastille a reformatory for prodigals, and the Chateau d' If a penitentiary for extravagant wives, there has been nothing seen in the world like-this.
Verily, the thing that has been shall be, and there is nothing new under the sun if, in the middle of the nineteenth century, and in the
United States of America, men can calmly acquiesce in transactions which revolted the heart of the race and shook down the fabric of a secular monarchy in
France a hundred years ago.
A letter from
Baltimore in the New York
World, dated the 15th ult., thus refers to one or two cases of suffering under the despotism of
Lincoln:
A lovely and accomplished daughter of
General Charles Howard, one of our distinguished citizens, died here last night, after a brief illness of three or four days. Her father, who was one of our Police Commissioners during the 19th of April mob, and was subsequently sent a State prisoner to
F. Warren, where he has been incarcerated for eighteen months, by special permission, got leave to come home temporarily, arriving in time only to see his daughter die. Her brother, Frank Key
Howard,
Esq., who was editor of a paper published here called the
Exchange was also sent to
Fott Warren more than a year ago. He could not obtain permission to come home, and his sister goes to the grave unseen by him.
The term for which
William George Brown,
Esq. was elected as
Mayor of
Baltimore having expired.
It is thought he will be allowed to leave
Fort Warren and come home.
He has been confined them as a State prisoner for eighteen months. A better Union man — at the time he was arrested — than
Mr. Brown does not live in
Maryland.
He certainly exhibited more firmness and loyalty in the trying scenes of the 19th April mob even than
Gov. Hicks.
This all concede.
