Page:Confederate Military History - 1899 - Volume 2.djvu/107

Rh James Cooper, Esq., who was a native of Carroll county, Maryland, but had lived all his life in Pennsylvania and had served that State in the Senate of the United States with honor to himself and distinction to his State, was commissioned brigadier-general by the Federal authority, and assigned to the duty of raising and organizing the militia of the State of Maryland for Federal service. The governor and State authority were thus superseded by the Federal government, as the legislature was shortly afterward dispersed, imprisoned and disbanded, the judges ignored and the courts trampled under foot. The Constitution of the United States as well as that of Maryland was thus suspended and another instance given, as has been done since history began, that "inter arma silent leges"—in time of war paper guarantees and written agreements have no force. It was freely asserted by the great legal authorities, by learned lawyers and great judges, supporting the Union side, that "constitutions are not made for war times!"

Patterson's army, after retiring from Virginia, on the expiration of the time of its ninety-day men, was camped at Williamsport, where during the summer it was reinforced by new recruits. Maj.-Gen. N. P. Banks was assigned to command this army and picketed the Potomac from Georgetown to Harper's Ferry. Maj.-Gen. Joseph Hooker with a division was posted in southern Maryland, and picketed the Potomac from Washington to its mouth. Forty thousand men were thus occupied in guarding Maryland along the line of the Potomac alone.

Another division was posted in Baltimore with garrisons at every county town in the State. The November election of 1861 was considered of great consequence to the Union side in that State. Governor Hicks, in his zeal not to raise his arm against a sister Southern State, applied to General Banks to work into the Maryland election so that "a killing majority shall be rolled up against secessionism. General McClellan issued an order