,15 1 Ma^ Ill limiiiii •'"■'" — CooMnratfon Resources F 189 .Bl ri29 Copy 1 J TESTIMONY TAKEN BEFORE THE ij®iis^^ (P(i)iiiia^i»iiis OF THB SENATE AND HOUSE OF DELEGATES OF DRYLAND IN BEHALF OF THE Civil Authorities of Baltimore^ To which was referred the memorials of John B. M orris ^ Reverdy Johnson and others^ praying indemnity for losses sustained by reason of the Riols in Baltimore, in the month of August^ eio^hteen hundred and thirty five. PURLISHBED BY ORDER OF THE GENERAL ASSEMBLY ANKAPOLIS: WILLIAM M'NEIU, PKINTEIl, INTERROGATORIES. Questions propounded by the Committee to Wit- nesses produced and sworn in the matter of Reverdj Johnson, John B. Morris and others, by memorial, claim- ing indemnify for property destroyed by rioters in Balti- more, in August, 1835. Question 1st. Are you a citizen of Baltimore.'' What is your business or general occupation.'' Were you in the city of Baltimore during the month of August 1835, and particularly on the 8th, 9th and 10th days of that month.'' 2d. Did you see the proceedings of the mob or any and what of them.'' What number of persons appeared to compose the mob or openly to countenance and encour- age it.'' 3d. Was it generally known or apprehended by the citizens, and on what grounds, and particularly, was the civil authority or police of the city aware that a combi- nation was forming in the city for the purpose of break ing the public peace and of destroying the property of citizens? 4th. What measures were adopted by the public au- thorities to prevent the formation of the mob, to disperse it, to prevent or to stop its violence.'' 5th. Had the authorities (civil and military of the city) means by which the mob might hare been prevented from assembling or dispersed or restrained from destroying the property of the Memorialists and others, what were those means, and were they exercised? 6ih. When the mob was finally quelled, was it gene- rally understood, reported and believed that it had de- signed to destroy the property of other persons? By whrt means was it quelled? Might not the same means or others of equal effect have been called into exercise at any stage of the violence? TESTIMONY. JAMES L. RIDG ELY, being sworn, answers — To the first interrogatory, I answer, that I am a citizen of Baltimore, an Attorney at Law by profession, but at present, engaged in the manufacturing of gunpowder. I was occasionally in Baltimore, during the month of August, but on the 8th, 9th and 10th of that month, was at my place of residence in Baltimore county. To the 2d, Sd, 4th, 5th and 6th interrogatories, I an- swer, that not having been in the city during the riots, I have no knowledge to communicate in answer to these interrogatories. Questions by Mr. ELY. 1st. Were you a member of the City Council at the time of ihe late riots in the city of Baltimore."* 2d. What was the advice of the city council to the Mayor on the Monday after the destruction of Mr. John- son's property on Sunday, and particularly as regarded the use of fire-arms for the purpose of suppressing the mob.'' Answer 1st. He was. Answer 2. On the Monday succeeding the destruction of the property of the Memorialists, the Council was summoned by the Mayor, this deponent had come into the city on Monday morning, having heard of the riots. He attended at the council chamber; the mayor, Mr. Hunt, appeared in the presence of both branches of the coun- cil, assembled in the chamber of the first branch, and then made a statement of the outrages which had been perpetrated in the city, during the few days previous. He narrated to the council the means he had adopted to suppress them, and the unsuccessful issue which had attended the adoption of those means, and concluded his address by inviting the co-operation of the council in adopting some other means — the council then assembled n their respective chambers, and a joint committee of both branches was appointed: before the committee had retired, Doctor Alexander in compnny with some other gentlemen, presented themselves as a deputation from a meeting which was then holding at the Exchange — leave was given him to address the Council, when he informed them that a large number of citizens with General Smith at their head, would be under arms and rally to the aid of the civil authorities; he had come to inform (he City Council of the fact. The subject of his address, was also referred to the joint committee. That joint committee met and made the following report. Mr. Scott from the said committee, submitted the fol- lowing report, which was read a first, and by special order the second lime, and concurred in. It was also con- cuired in by the Second Branch. The joint committee of both branches of the City Council of Baltimore, to whom was referred the commu- nication of the mayor, take leave to REPORT, That they recommended an appeal to the good sense of this community, and present an address to that effect as a part of this report. They also recommend that the same be signed by the mayor and presidents of the first and second branches, printed and circulated forthwith. Which is respectfully submitted, John Scott, Henry Myers, Jas. L. Ridgely, Committee John M. Steuart, }> of George Gardner, 1st Branch, Walter Ball, | JohnB. Seidenstricker,J James Carroll,"| VVm. Barney, [^Committee D. Stuart, { 2d Branch, JacoD Smith, J THE MAYOR AND CITY COUNCIL TO THE PEOPLE OF BALTIMORE. We feel ourselves bound to address you on the subject of the unhappy disturbanse of the public peace. It is en- titled to your consideration. Can you peruse it without yielding to the lawfully constituted authorities of your city, your attention and zealous co-operation? Does not every citizen look with painful emotions upon the melan- choly events which have transpired; which have insulted the dignity, sported with the happineas, subverted the peace, and defamed the fair character of our city. Citizens of Baltimore, we appeal to your known sense of public right; your known submission to the supremacy of law, to unite with us in every peaceful effort to restore pub- lic tranquility, and we earnestly exhort you to maintain it. Let not curiosity carry any to public and tumultuous meeting?, lest the guilty be confounded with the innocent. We entreat all good men to remain at home, unless called upon to aid the civil authority. The laws must prevail, else there can be no security to life or property, and the continuance of further violence must reach in its conse- quences the guilty and innocent alike. In vain shall we have inherited the sacred liberties trans- mitted to us by our forefathers— in vain shall we claim a rank among the civilized nations of the earth — in vain shall we live, if the civil authority be trampled under foot, and the wildest passions of human nature be substituted for peace and order. Lei the representatives of the people not then appeal in vain to their sound judgment and intelligence. We invoke the whole community to unite with us in every pacific effort to restore tranquility to the city, and the supremacy of the laws of the land. By order, S. H. MOORE, Clk. The report was unanimonsly concurred in by both branches of the council. Questions by Mr. JOHNSON. 1st. At what hour was the council actually convened on the Monday to which you refer, in your answer to the interrogatories of Mr Ely, and had they been in session at any time during the riots, or the course of the riots, or had they been called upon to convene by the mayor during that time? 2d. Did the report of the City Council of which you have spoken, receive the sanction of the mayor. 3. Did the mayor resign his ofiice after the riots, and on what day after the riots? ^as it not about the time or at the time of the publication of the report referred to? Do you remember the day on which General Miltenber- ger assumed the duties of that office? Answer to Mr. Johnson's questions. 1st. I believe the Council was convened on Monday, at 10 o'clock, succeeding the riots. The Council had not been previously in session since the annual session, which session terminated about the middle of April. He has no knowledge of the mayor having convened the Council after the annual adjournment. He is positive, that if there was any meeting during that time, it had no connection with the riots. The mayor has authority to convene the council at any time. 2d. He is not able to answer the question. He says that the report does not bear the signature of the mayor. It was intended by the City Council that the address should have be' n signed by the two Presidents of the City Council. It was not so signed, for what reason the deponent does not know. 3. The mayor resigned his office about noon on Mon- day. It was previous to the publication of the report of the joint committee, referred to by the deponent. Gen. Miltenberger became mayor on the same day, in virtue of his office as President of the first branch. WM. G. READ, being sworn, answers: Answer to 1st Interrogatory. I am a citizen of Balti- more, where I have resided (excepting one period of about 18 months) since 1822. I am a member of the bar, but through infirm health, liave for many years been obliged to decline such professional duties as require attendance on the courts, and devote myself to the eonduct of my private af- fairs. I was in Baltimore during the entire montn of Au- gust 1S35. Ans. to 2d Int. I witnessed proceedings ol the mob on Friday night, Saturday night, and Sunday; also on A/bn- day morning. It will be borne in mi(id that their opera- tions were, after the first night, conducted in detached parts of the city. A ji'st distinction has been drawn between the active and passive portions of it. On the only occa- plon when I saw them concentrated, viz. on Friday evening, 1 estimated the active rioters at about 150, composed chief- ly of boys or very young men; there were many thousands present, whose numbers I could not venture to state with any approximation to certainly, and who were, almost to a man, approvers if not instigators of violence. Ans. to 3d Int. It was generally apprehended, by tho 8 citizens and the civil aiithorities of Baltimore, that some vi- olent attempts would be made against the persons or pro- perty of certain individuals, who were supposed to be re- sponsible for the failure of the Bank of Maryland. The circulation of written notices, inviting the citizens to tar and feather Aiessrs. Reverdy Johnson and John Glenn, two of which I saw, might be regarded among the clearest in- dications, in the known state of the public mind, of an ap- proaching storm. Ans. to Int. 4th. The most satisfactory mode of answer- ing the 4th interrogatory, appears to me to be to state suc- cinctly every thing that occurred, within my own observa- tion, according to the order of time. And, as the depo- nents heretofore examined, have been indulged in a some- what wide range of personal remark, I shall throw myself on the courtesy and justice of the committee for a similar privilege. A hasty perusal of the testimony heretofore pub- lished, has disclosed to me the charge that the late mayor of Baltimore was ^t«V/e(/, throughout the crisis referred to, by ''secret and irresponsible ail visers" — and it seems to me that myself am pointed at as one of them; by innplication at least, if not directly. I therefore avail myself of the ear- liest occasion afforded by thisexaminationj to deny that im- putation in the most emphatic terms. Until the forenoon of Friday, the 8th of August, I had held, to the best of my recollection, no personal communication with Mr. Hunt whatsoever, for many weeks, and certainly had offered him no advice as to the mode of meeting the expected troubles. I found him on Friday ivith the town meeting already re- solved on, and several copies of the call for it, lying read}' before him, which were immediately sent to the diffeient evening papers. At his request, I assumed the task of en- deavouring to engage t!ie services of suitable gentlemen to assist him as officers to preside at that meeting, and of pre- paring resolutions, and left him forthwith. I had not ten words of communication with him from that moment till the meeting at his office at noon on Saturday; and what in- tercourse I had with him related solely to the conduct of the town meeting, and took place during its continuance. All the communication I held with him at that meeting on Saturday, was openly addressed to him as its chairman, Irom my place on the floor. I did not see him again till the hour of half-past 5 on Saturday a.'^ternoon, and said nothing to him then which was not heard by all present. What I said shall be repeated hereafter. Thenceforward I had no com- munication with him, till I informed him, at about half-past one that night, that I had decline'l the responsibility of arm- ing my post; and from that moment, I saw him no more un- til Sunday forenoon, of wliich interview I shall speak at large hereafter. As these statements will be read with much interest in the community where I live, I must ask the fur- ther indulgence of the committee, while I correct another general error. I have been, through what device I know not, held up to the public in the unenviable light of the 2/i- ventor or deviser of what have been ludicrously denomi- nated the ''rolling pins. " A/en of honour vvho have a- dopted and circulated this idea, will blush for their indis- cretion, vv^hen ihey learn 7nij solemn asseveration that I neither suggested these instruments, nor ever saw or heard of them, till they were displayed to the assembled citizens at half-past 5 on Saturday; and that, up to this moment, I know not who is entitled to the credit or discredit of them. 1 regarded them as wholly inefficient for any useful pur- pose. Having trespassed thus far, in a way which honourable men will nadily excuse, I return to the narrative of events: Being in languid health, and of retired habits, I knew nothing of the tumultuary assemblages near Mr. Morris's house, until Friday morning, As soon after learning them, as I could escape from some domestic engagements, I has- tened to the office of the mayor, as I thought it the duty of every good citizen to do, — apart from my long standing habits of esteem and regard for him. I found him, as I have stated, with the call for a town meelinf;; prepared. Entirely approving the measure, which I still think was wise and proper, I enquired **what arrangemen's he had made for tlie organization of the meeting, and preparation of resolutions?" He replied that ''he was entirely alone — with no one to aid him" — and asked, if I would render him those good offices? I cheerfully assented, and proceeded in- stantly upon the business. And here I slate, as illustrative of the difficulties of those times, tliat thoi'gh I addressed myself to many of our most respectable citizens, upon those subjects, I could not obtain active co-operation but from one; who exerted himself strenuously, but unsuccessfully, to engage an individual, who was prominent among the creditors of the Bank of Maryland, to take part iii the pro- ceedings at the Exchange. At a late hour — worn down with fatigue and disgust — I fonnd a few gentlemen of my acquaintance accidently assembled, whom I prevailed on to 2 10 remaiu together, until I could sketch the resolutions Mr. Hunt had requested. I wrote them hastily — they were the same which were adopted at the exchange, and, as I do not think they have been fairly represented, I prefer submit- ingthem to the committee as they really are. 1st. Resolved, That this meeting regards with the most profound regret and disapprobation, the recent attempts to create disturbance in our city 2d. Resolved, That the spirit of violence which has been exhibited of late in diflferent parts of the United States, is calculated to injure our country in the esteem other of nations — to annihilate her weight in the social system — and to ex- cite the most serious alarm in the friends of free insti- tutions. 3^. Resolved, That while popular excesses are, under despotic governments, sometimes justified, by the invetera- cy of evils to which no other corrective can be applied, they are inexcusable in free States, where the people, being the sources of authority and dispensers of power can easily re- medy any defect in their legal systems. Ath. Resolved, That universal obedience to the laws is the only guaranty of Republican Liberty. 5th. Resolved, That we should especially deplore any demonstration of a contrary spirit in Baltimore, whose revi- ving prosperity it would seriously impair, while it would degrade her from hei high moral stand among American cities. 6/A. Resolved, That, in the opinion of this meeting it is the duty of every friend of good order to cooperate with the civil authorities, in all such measures as may be deemed necessary for the maintenance of the public peace and the reputation of the city^ 1th. Resolved, That it is recommended to the Mayor to offer suitable rewards for the detection of persons who may be guilty of disseminating papers instigating the rash and the unthinking to a breach of the pubjic peace. 8/A. Resolved, That parents, guardians, and masters, are respectfully requested to restrain those under their control from frequenting nightly assemblages. There is a fact, however, not known but to a few, which I consider important in the history of those resolutions, and the occasion which gave rise to them. The 6th as original- ly drafted by me, was a proposition lor the citizens to or- ganize committees, on the spot, for the difierent wards, to act themselves, and engage the services of all the friends of 11 order, to be sworn as special constables. To this I conpi- dered all the rest as merely introductory, and I meant it as a test of the temper of the citizens, before the near ap- proach of Saturday night, to which, for obvious reasons, we all looked forward as ihe real crisis of danger. When 1 read it to the company, one gentleman, of the highest standing for intelligence, honour, and experience, suggest- ed a doubt of iis prudence. He was supported in his views by another, second to no man in this State for chivalrous gallantry and gentlemanly feeling. In fact, there was not one dissenting voice from that opiniou, but my own, and yet, one of the objects of popular fury was present, and assisting in our debate! I yielded my own judgment to that of more experienced men, in whom I felt assured Mr. Hunt, (for whom I was acting) would have felt more confi- dence than in myself, had he b^en present at our delibera- tions. But this is not the whole history of those resolutions. The time which I had lost in vainly endeavouring to rally about the mayor some of the wisest and most influential members of the community, made me late in arriving at the Exchange. I found the meeting on the point of being organized, and on forcing my way to the gallery, where the mayor was, I found myself unexpectedly named as one of the Vice Presidents, together with Gen'l. Leakin, Dr. Bond, Wm. Krebs, and Columbus O'Donnel, Esquires. On motion, we were ordered to withdraw, and prepare re- solutions. Gen'l. Leakin produced a copy, which was read; the contents 1 do not remember, nor whether their recommendations were more specific than mine; but him- self moved the adoption of the latter, after they had been read to and approved by that respectable committee, and I was requested to read them to the meeting, as having a loud voice and being familiar with the hand writing. And here a single question recurs. Why, if these proceedings were such miserable drivelling,|did not some stronger spirit or wiser head suggest a better course? Is it for honourable men, when convened by their chief municipal magistrate, (who holds his authority from them and for their benefit, and who can no longer exert iteffeciually than he is sustain- ed by the intelligence and virtue of the community) to consult for the preservation of the Citj' from the most a.- larming dangers — is it lor them, I ask, to a!)andon her to obvious fate, and save their consciences with Iviacbeth's poor quibble: — "Thou cau'st not say I did it?" 12 The incidents next in order, are those of Friday night. I had an engagement after the town meeting, in a distant quarter of the City. On my return to my dwelling near the Cathedral, I found every thing so still, that, being much fatigued I should have retired to rest, but for having acci- dentally met an old acquaintance, who was staying at Bar- num's and was to leave town early on Saturday morning. On my way to see him, I was apprised by the uproar, as I approached the square, of the existence of a riot. I in- stantly hurried down, and arrived at the moment when Mr. Hunt, having inefiectually endeavoured to obtain a hearing from the crowd, wiis calling about liim those who were wil- ling to sustain his authority. As I hastened towards him, I met Mr. Kettlewell, who begged me to address the mul- titude. I instantly ascended Mr. Johnson's steps, and stood bare headed, amidst a shower of stones, for a considerable time, till finding it impossible even to hear myself, in the clamour, I left tiie position, and joined the citizens who were supporting the Mayor. A suggestion was now made — I think by Gen Miltcnberger, to interlock our arms and en- deavour to sweep the rioters out of the Square — I thought the plan a bad one, but considering it better to join, heart and hand, in whatcverisresolvedon in such conjunctures, than to stand by doing nothing but criticise, I took my place in a line of from 20 to 30 men and we rushed against the crowd. Ineffectual as it was for the purpose proposed, our charge satisfied me on one point; that the actual rioters were few, and contemptible; for this handful of men were able to pass through that dense crowd, around the South front cf the iV/onumeiit, and along its eastern side as far north as Mr. Smith's house, and 1 know that our portion, did not break their hold. After this, we dispersed ourselves throughout the crowd, whirh made no further demonstrations of vio- lence, than the throwing of an occasional stone, against Mr. Johnson's windows, every crash of which was echoed by an approving shout of merriment. I am free to confess that the events of that evening in- S|)ired me with good hopes of the eventual restoration of or- der. Well aware of the almost universal prejudice against Messrs. Johnson Glenn, and others, I was gratified to find an immense ]->ortion of the community passive, in regard to deeds ihey evidently were j^leased at I believed that, with the delusive casuistry that sometimes misleads multitudes as well as individuals, the vast majority of the people of Bal- 13 timore, would keep their hands clean from all participation in a mob, though, in their z -al for what they misiakenly considered summary justice, they would not aid in its sup- pression. I believed that the active ao;ents of sedilior., A'ere few, and stimulated by the vilest motives; and many of them by the sheer spirit of wantonness and love of mischief. — I believed that the substantial citizens would rouse up at last and put an end to scenes disgraceful and dangerous to our town. V'Vith these impressions, I obeyed the summons of the Mayor to attend at his office on the following day, at noon. I met there a very repectable assemblage of the prominent men about town; — Lawyers, ph3-sicians, clergymen, edi- tors &c. Men who might be presumed to know the slate of public feeling, and alDle to devise measures adequate to the emergency. Mr Hunt opened the meeting with a brief and comprehensive detail of the previous disturbaitces, and requested our advice as to the course most expedient to pur- sue. A gentleman, (Capt. Chevesas I think) then rose and expressed a wish that somebody would bring forward a plan of operations. Nobody seeming prei)ared to do so, I rose and submitted the following proprositions — the only ones offered by me on that occasion, substantially diffe- rent as they are from those aotually adopted — and vvhich I copy from a paner fortunately resumed by me from the hand of Mr. James M. Buchanan, who will lemember my remark that this document might hereafter be valuable, and which can be identified by his own pencil memoran- dum, altering one of the resolutions to a form in which it was subsequently offered by himself. '^Resolved, that the Mayor be recjucsted to jirocure forth- with 1000 clubs and have them in readiness at the City Hall." "That 1,000 citizens be engaged forth witli to assemble at the City Hall at 5 P. 71/. pledged to susluin the /1/ayor in the preservation of peace. <''rhat GOO of them be detailed as soon after 5" [as pos- sible] "to occupy the avenues to the Square. ''T'hat -400 constitute a 'corps de reserve.' <-.*Cank of Maryland en the day of its failure. He complain- ed that he had not been sustained by Judge Brice, who, he 21 asserted, had gone out of town at the commencement of those disturbances, and left him alone; and he added that it was Judge Brice who gave the order for arms, and that it was hard that he should bear the responsibility. He added that "he would leave me and Heath and Blair there." To this I answered laughing, "why Hunt if your house is to come down, I dont knov,' that your fiiends would exactly like it to come down on their he^ds." He replied that he did not mean that we should undertake to defend his pro- perty, but that we should explain to the people, that he had not given the order for firing. About this time James lilair, Esq. a magistrate exten- sively acquainted with the people of Baltimore, came in with similar accounts of the fury which raged on account of the firing. Gen. Miltenberger brought the same report, but at a later hour than would seem from my original state- ment which fixed it about this time. Col. Benjamin C. Howard upon whom, through Gen. Steuart's absence, the command of the brigade had devolved, then came in with a statement which I will repeat in the language of his own published card: — "The increased agitation of the public " mind on Sunday morning indicated rather an accession to "the strength of the rioters, than a rally for tlie preserva- **tion of peace. In the course of Saturday night I had re- "ceived a requisition for the military services of the bri- " gade, the command of which had devolved on me, and *< ordered it to parade at 8 o'clock on Sunday morning; no- "tices for which were properly circulated during the night " and early in the morning. When I arrived on the ground "in uniform, I found the projected parade an utter failure, "seeing not an individual in uniform or under arms; some " of the officers and two or three men, but no more, I have " subsequently learned, attended at various times." The Colonel added some other particulars, which, as he is sum- moned by the committee, may be expected from himself. Major Medtart confirmed these statements. Col. Heath came in, and stated that he had mounted his horse and rid- den round to several places where he was accustomed to gain information of the state of the public mind, and that he found the most furious excitement prevailing on account of the firing, and that, in his opinion, it would be impossi- ble to arm the town. Such was the character of the evi- dence to which Mr. Hunt's attention was called that mor- ning. In fact, I remember but four exceptions among all who cf.me and went that day to the opinions above men- 22 fionod — two p;entlemen, speaking from the impulse of their own hearts, expressed a belief that the citizens would arm if called on; and two others, neither of whom that could I ever learn, did any thina; before or since — highly respecta- ble men — hut one of whom had relused to join my force the night before — spoke to the same effect. The command of the town was considered for the pre- sent as lost. In this desolation, 1 was one of three who continued a- bout the mayor. The conversation naturally turned on the recent calamitous events. It was in reply to a reiteration by Mr. Hunt, that Judge Brice had given the order, which seemed to have annihilated his last hold upon the confidence of the people, that I remarked "suppose you were to throw out the idea to them that you did not give the order" — The suggestion pleased him, and he replied, "I wish you would write me a statement to that effect " I took pen and paper, and drew up the Sunday proclamation; the au- thorship of which I avowed the instant I learned the un- fortunate construction it had received. It was an attempt to regain the aifections of a portion of the people, now a- lienated from the mayor through the acts of others; and, if it could not reinstate his authorit)^, at least perhaps avert ruin from my friend. Nothing was further from his or my mind than to expose to the fur}' of the populace the brave men who had acted so gallantly, and with the noblest mo- tives, on the night before. On the contrnr)', a sentence which rose to my mind, as I wrote, would have removed the very possibility of that interpretation. I was on the point of saying "the order was given by Judge Brice," (whose authority was known to be concurrent with the mayor's;) but I suppressed 'the direct statement, through unwillingness to point more odium against that gentle- onan, than would follow unavoidably, from the relief of another mail, from the fatal responsibility of the Judge's own acts. Anrl I would here remark, that the same feeling has withheld me, for many months, from clearing my character from unfounded imputations which I knew of, but which I could not dispel without a general exposition, like this, of my entire course, (lest silence on any chttrge might be construed into an admission,) and which could not be made without opening the fountains of bitterness against men whom I honoured and esteemed. — But it is proper to shew- yet more clearly, how groundless was the cruel charge of sacrificing his defenders, against 23 J/r. Ilunf. The proclamation thus prepared for him, was read over to John Nelson, Esq. and Gen. Miltenberger — the former a distinguished lawyer and scholar, the latter a man of no ordinary sagacity, and especially in relation to popular subjects. Corrections and amendments to it were suggested by each of them; and yet, it never occurred to either of us for an instant, that we were denying that those who used the arms had acted by legal authority. I wish further to state, t!iat I believed implicitly, at the time I drew the proclamation for Mr. Hunt, and when it left my band, that tiie use of arms was exclusively autho- rized by Judge Brice. And, to prevent all misunderstand- ing, I add, that I did not consider Mr. Hunt's remaining in command, as the executive officer of the town, alter arms were ordered by Judge Brice; nor his appointment of sub- ordinates in command who were to employ them untler that order; nor even his distribution of arms which were in his keeping; such an authorization or sanction of their u.'^o, as to impair the truth of his statement, that *'the resort to deadly weapons," the measure which had brought on him the general odium, had been ma-^e'^'against his judgmentand advice," or his inference, that Judge Brice, and nut him- self, was alone responsible for it. Ans. to 5th Inter. In answer to the 5th interrogatory I state that the Mayor of Baltimore, the Chief Justice of the city Court, and, as I think, his associates, have each thepow- er to issue requisitions upon the commanders of the militia, for such military force as themselves may judge necessary to preserve the peace. I would also particularly remind the committee, that the city Court was created by an act of assembly, in express reference to a previous mob in Balti- more, which it was believed by many, could have been sup- pressed, but for the unwillingness of a very worthy man, the then Mayor, to jeopard his popularity by taking vigorous measures. A proposition was before the legislature to take the election of the mayor from the people of Baltimore; but a substitute for that measure was adopted, in the establish- ment of the city Court, whose magistrates should be inde- pendent of the people, invested with power over the mili- tary, and authorised to appoint as many bailiffs as might be necessary to the proper discharge of their functions, as con- servators of the public peace. So much for their authority as it exists in the legislation of :he State. But whether they coidd have exerted it effectually, on the present occasion, I very much doubt. We must remember that, in this 24 country, all authority is derived from the peojDle, and can no longer he exerted than it is sustained by thenfi; and I as- sert it, ds my deliberate opinion, that the public mind had conceived so strong a prejudice against the individuals prin cipally aimed at by the mob, that a sufficient military force could not have been brought out, for their protection. I do not mean to say, that the whole population of Baltimore were active mob men; but I do say, that so far as my obser- vation has extended, both before and since, these persons who have suffered did not |)Ossess the sympathies of the community, to an extent adequate to their protection. 1 believe that a foreigner would have stood as good a chance, had he illuminated his house, on the occurrence of some national calamity. Ans. to 6th Inter. It was generally understood on Monday, that more victims of vengeance and more objectsof plunder were to be struck at by the mob. It melted into nothing, ihe moment the citizens at large roused from their apathy, and came out in numbers. Thic was in my opinion the result of a total change in the posture of affairs. The destruction of Mr. Hunt's property and thatofCapt. Benzinger and Willey a- wakened people to a sense of the impending ruin of our city. Gen. Smith's appearance embodied this returning sentiment of duty. I do not believe that this could have been done before; or while the property stood of those gentlemen connected with the Bank of Maryland. I beg lieve, in explanation of what I say, that I am not to be un- derstood as intimating any thing but my impressions of the state of [he public mind; and that may be inferred from the fact, that numbers of those who shouldered their muskets so devotedly, have said in my presence — (like many who condemn the whole conduct of affairs)— <'Mai mob went too far. ^' Cross interrogatories by Mr. JOHNSON. Who is the gentleman to whom you have referred as agreeing with you in opinion that the use of Fire arms on the occasion of v^hich you have spoken in your answer in chief? Did he, with yourself leave in consequence of the proposed use of arms, the guard under your command in the rear of Mr. Johnson's house? If so — who afterwards commanded the post — what is his occnpation, and did he not, with those remaining with him, succeed in defending the post during the whole of that night? Can you name any other persons, except yourself and the gentleman have referred to^ tvho, after arms were brought 25 left the post under your command, on the occasion you have referred to? Second. You have said (hat you have, since the events in question, consulted the Laws of ATaryland, respecting the resort to the military, can you give the particular sta- tute to which you reft r? Third. Did you, on (lie Monday when General Smith rallied the citizens for the protection of the city, yourself appear under arms, and if you did, why did you then sup- pose that you were authorized to use them; and did you take the advice of any one, and who, upon tfie subject.'' Fourth. Have you any recollection of a conversation be- tween yourself and Dr. Bond on the oecasion of your de- dining the use of Fire-arms on the Saturday evening when Mr. Glenn's house waa destroyed, in relation to the propri- ety of using arms in sue!) an exigency, and particularly in reference to a possible attack on the Roman Catholic Con- vent in Baltimore.'' If you have, state what that conversa- tion was.-* Fifth. What induced Dr. Bond to refer to a possible at- tack on the Baltimore Convent? Was there.about this time, or at any time, and when, any reason to suppose that the destruction of that institution was contemplated by any por- tion of the people of Baltimore.'* Sixth. You have, as your answer in chief was originally- written, said that the persons who were the objects of the popular fury in August last, did not and do not possess the sympathies of the people in a degree sufficient for their protection? Is it your opinion that they do now sufficiently possess tlie sympathies, as you have termed it, of the peo- ple of Baltimore, to be safe in their persons or property? ]f you have no opinion upon the subject, is it because you have not recently had an opportunity of ascertaining public sentiment? Seventii- Will you state the name of the gentleman who used the expressions of violence to which you have refer- red in your answer to the fifth cross interrogatory? Answer to 1st. Cross Interrogatory. The j^entleman referred to, was John Nelson, Esq. He resigned his command and left the post immediately after me, in consequence of taking up arms. The command was then taken by Dr. Bond, a physi- cian, and, as I am informed, a clergyman of the methodist 4 26 persuasion. I have already stated that a parly with a drum approached that point whilst I was sitting on Mal- colm's steps, and were fired on. I returned to the post immediately; but before I arrived there, the mob were dispersed. I passed the party who weie carrying the drummer to prison, somewhere near the restaurateur's in the rear of iMr. Johnson's house. I have no know- ledge of the numbers of the crowd repulsed, nor of any other attempt upon the post during that night — I know of no other who left the post after arms were brought. Answer to 2d Cross Interrogatory. The statute to which I refer, I believe to be the same under which the militia were subsequently ordered out, on the requisition of the mayor — I refer to act 1823, chap. 1S8, section 70, and to act of 1834, chap. 251. Answer to 3d Cross Interrogatory. On Monday, at about noon, hearing that Gen. Smith had gone out to the park, (of which I knew nothing he- lore) I followed him thither, with Frederick Dugan, Esq. I heard myself named, at the breaking up of that meeting, a committee man for the 10th ward in which I live. Re- turning home I learned that information had been re- ceived, from various sources, that my dwelling was to be attacked; and removed my papers and some light articles of value. I then hastened to the place of meeting ap- pointed for the ward; and made an unsuccessful effort to induce those who had assembled, to accompany me to the mayor's office. I then returned home, armed myself, and proceeded to the City Hall; where I met a large concourse of people. I there found a committee in session, to which I was told I belonged. They remained together till 7 o'clock or later: when they adjourned, I was requested by Gen. Miltenberger, then iJ/ayor, to remain with him, to assist in the preparation of certain papers. I was also employed by Gen. J. S. Smith to carry orders to ene of his posts. I knew that the militia had been ordered out by requisition on Col. Howard, on Sunday, I knew that the sheriff had power to arm a posse; (as I have known practised in South Carolina;) I learned at the office, that General Smith's division had been called out by requisi- tion from the mayor, and, with such a force as was then assembled, I would not have hesitated to act without for- mal authority, in that emergency, as society seemed re- solved into its original elements. I have no recollection of having consulted any person upon the question. 27 Answer to 4lh Interrogatory. I remember Dr. Bond's saying to me at the time, as I think, of my resignation. "Mr. Read one woid turns this mob on the Convent." I replied "then I die on the steps." He rejoined ''what's the use of djing on the steps?" Being fuither asked whether lie added "you had better die here," I answer, 1 have no recollection of those words, though it is very possible he may have used them. And in regard to my "conscientious scruples" about using arms mentioned by Dr. Bond, it was not my intention, in any thing of that kind which I may have said to him, to convey the idea that I thought it unjusti- fiable to employ them in all cases, but that I could not conscientiously use them, in the circumstances then ex- isting, as understood by myself at the time when it be- came necessary to sanction the arming that post or resign the command. Answer to 5th. Cross Interrogatory. I suppose Dr. Bond's remark was predicated on the circumstance, that a fanatical paper, edited in Baltimore, had been used for about 18 months, to excite the preju- dices of the protestant part of the community, against the members of the Catholic Church; and in particular that a number published in the Spring preceding (the May number I believe) teeming with obscenity and cal- umny, had, in a manner, pointed the fury of the popu- lace against the convent. This appears to me to be part of a system of persecution against the Catholics of this country, which commenced immediately after certain at- tacks upon their religion, in the Senate of the United States; and which speedily eventuated in the conflagra- tion of the Convent at Charlestown, Massachusetts. I have to state, that the Catholics of Baltimore have met it without a single act of irritation, which, by inviting to violence, might jeopard the public peace, or deprive themselves of a title to the sympathies of their separated brethren. I believe they owe their security to the "vis inertioe" — the indifference — of a large portion of the com- munity; to the good feelings of others who know the groundlessness of the charges made against their faith and practices; and also to the certainty that their institu- tions and churches could not be demolished but after a bloody victory. 28 Answer to 6lh Cross Interrogatory. I state that I do not believe that the individuals seek- ing indemnity possess the sympathies of the people of Baltimore to an extent adequate to their protection. I have not, for many months, been much conversant with the people; and have, for the last two months, been a great deal confined by sickness. I will give the commit- tee, however, my observations on a single day, since the application for indemnity was laid before this assembly. On going out I met two mechanics — one of them a most respectable citizen, the other a man of whom I know lit- tle. They accosted me on the subject of the indemnity, and hearing me say that I thought it just, aod thatl would willingly pay my proportion, to see others punished who did not sustain me in arresting the mob, expressed them- selves decidedly opposed to it; but without improper temper. I subsequently met a merchant — one of the elite of our society who argued strenuously in opposi- tion to me — but, on reflecting on what he said, I cannot now positively recollect whether he opposed indemnity absolutely, as i stated orally, or only the taking away the auction duties. I fell into company with another merchant of very re- spectable standing, who, on the subject being started, rated me good humouredly os being responsible for the riots, in having promoted weak measures. On my stating, in my own vmdication, what those measures were, as heretofore detailed, I turned the blame on such as he, who, I argued, might with ease have whipped the boys, and arrested their ring leaders, w'.thout the firing of a gun; and concluded b}'' telling him. I should be glad to see his merchandise and my land taxed for the general default. He then told me that those gentlemen "could no more live in Baltimore, should ihe indemnity pass than they could make a world; thai they would be torn to pieces as by Tygers." I subsequently addressed another man of humbler occupation, who told me, from his own observation of the state of men's minds, he thought it would be worse for those gentlemen if they ob- tained the indemnity. And finally, 1 enquired of a most respectable and religious gentleman, a methodist, who, I thought might have beard a good deal on ihe subject, and he told me, it had not been much spoken of to him, but he thought it a very delicate matter to touch, in the present state of public feeling. 29 Answer to tiie 7th cross inferroga'ory. I doclino na- ming the persDn alhuled to, uMio, I am coiivinceil, vvoiiUrhy no means aiJ, or abet or prompt another to deeds of vio- Icnc,I only infer, from his earnest repugnance to the indem- nity, that the persons in question would possess no hold upon his sympathy, which ihey could rely on as s ground of protection. JACOB D. HARE, being sworn, answers — To the first interrogatory, I answer, that T am a citizen of Baltimore; that my occupation is that of a city com- missioner under tiie corporation of Baltimore; that I was in Baltimore, during the month of August, 1835, and particularly on the 7th, Sth, 9th 10th days of that month. To the second interrogatory, 1 answer, that the first manifestation of an excited disposition in the people of Baltimore, which came under my observation, was on Thursday evening the sixth day of August, at which time being in Monument Square, I witnessed a gather- ing of people, gradually accumulating in that vicinity, approaching it by thii various avenues leading to it, in squads of two, three, four and more in numbers, until the crowd amounted to at least three hundred individu- als. The then Mayor of the city, aided by a few of his officers, was present, and addressed the oeople — he ex- horted them peacpably to disperse, and declared his de- terminatibn to tnaintain the laws and to suppress any attempt to violate the peace and order of the city. He succeeded on this occasion, to disperse the assemblage of the peoj)le, about 12 o'clock at night, no further in- jury or violence having been done, than tiie breaking of one or two of the windows in Mr. Johnson's house by the casting of stones from the crowd. On Friday evening the 7th day of August I repaired again to the Square, where I saw a large concourse of people assembled, I suppose at least five thousand in number. The Mayor was engaged in ac'dressing them from Barnum's stops on the south side of Fayette street; he in the most impressive manner exhorted the people to disperse and retire as orderly citizens to thf-ir homes; he invoked them to respect and support the laws; he avow- ed most resolutely his determination to restiain disorder even at the peril of his life, and entreated all good citi- zens to rally to the aid of the civil authority. Several 30 other addresses were delivered, all of which, like that of the Mayor, were repeatedly interrupted by the crowd and were ineffectual in producing any good result. The Mayor having descended from the steps, passed in the crowd at the head of a very few followers, among whom was myself — He on this occasion, manifested the most unbending firmness, and with a resolution, which con- tinued undaunted, he pressed through the midst of the people, calling upon (hem to disperse, but to no purpose; the crowd increasing in excitement and tumult, and manifesting such riotous and insubordinate temper, as to lead me to believe, that the life of the Mayor was every moment endangered. — Mr. Hunt finding his personal influence entirely ineffectual, in a loud tone of voice called upon all citizens, who were the friends of order to separate themselves from the crow*' and form at a de- tached place — out of an assemblage of five or six thou- sand, some very few followed him. Having placed him- self at the head of the few citizens, who formed under him at a place detached from the crowd, the mayor re- turned to the crowd, with these few citizens, among whom I was numbered, and in a very little while this body became dispersed in the density of the crowd. Mr. John Kettlewell, and myself however, adhered to him.. The mayor incessantly invoked the people to disperse, demanding, pressing and forcing his way through the crowd which by this time, had acquired a large acces- sion in numbers, and had formed into a compact body — he was met by the most insubordinate and rebellious lang- uage from the mob, and assailed with uninterrupted threats and denunciations of defiance, the argument of the mob, being that they would not retire, as the street was a public highway, and they had as much light ther.e as the mayor. One of the most eifectual means resorted to by the disaffected to stimulate the mob, was the form- ing of large circles or groups, in which they wouid get up sham tights, accompanied with hideous yelling and shouts — from one of these groups a stone was thrown at Mr. Johnson's house, which having been observed by the mayor, he immediately at the most imminent peril of his life, and without a moment's consultation with any one, rushed into the very midst of the crowd, seized the of- fender, who was a stout athletic man, by the neck^ maintained his bold, although desperately resisted by 31 the means himself, aided and ai?sisted by the mob. — The crowd completely enveloped the mayor and myself, who both maintained our hold ot the offender, calling; upon the friends of order for assistance, until the mob wore upon our backs, and we with great difficulty escaped boing trodden to death under their feet — the offender was of course rescued by them — Some very tew officers and watchmen came to our call, but too late to ^afford us any assistance, the balance of them being employed at other points of defence. Mr. Hunt continued his unremitted, and indefiitigable efforts, to restrain the spirit of disorder until the mob had dispersed, which I believe was be- tween the hours of one and two on Saturday morning, when peace and order seemed to be restored. I left Mr. Hunt at four o'clock, on Saturday morning, surrounded by his officers, in the Square near Mr. Johnson's house where he had continued I believe from the time the mob had dispersed. The number of persons who composed the mob, and were actively engaged in disorderly conduct, was from three to foui hundred, but two thirds of the crowd which consisted of from five to six thousand seemed by their lan- guage and demeanor, to encourage and approve the mob, and it was owing to this fact, that the great difficulty of sappressing the mob, originated, in my opinion. On Satur- day evening I was at the square again, about 8 o'clock — a dense crowd occupied the various avenues leading to it, particularly at the corner of Calvert and Market streets, at which place several ineffectual efforts were made by the mob to break through the line of defence, which had been there formed by the mayor, to prevent their nearer approach to the square and the threatened destruction of the property of Mr. Johnson, in which he was happily successful on that night. In consequence of a wound which I had received on the previous evening, in aid of the mayor, and the positive injunction of a physician to avoid excitement, I took no active part in aiding the civil authorities on that night. The mob, however, being suc- ressfully restrained from obtaining access to the square at Calvert street, yelled out with great unanimity, "to Glenn's, to Glenn's," and proceeded up Market street to Charles street — a short time afterwards 1 repaired to Charles street, where I witnessed the mob busily en- gaged in the work ot destruction at Mr. Glenn's house. 32 1 returned to the square, and made enquiry of the guard stationed there, whether any force could be spared from that quarter to save JNJr. Glenn's property, to which en- quiry I received for answer, "that if any men were taken from that position of defence, Mr. Johnson's property would be unprotected." I returned again to Mr. Glenn's house, and whilst there, I witnessed two or tree charges made upon the mob by a troop of horse, accompanied vvith some firing. The mob, nothing daunted, but in fact in- creasing in violence, continued the work of destruction. I returned from this scene to my dwelling near day light Sunday morning. On Sunday night the 9th inst. in the midst of a vast assemblage of people in the square, I wit- nessed the destruction of the property of JNIr. Johnson, and at the moment of the falling of the portico, the mob received the general applause and encouragement of the assembled multitude, which continued by loud clapping at intervals during the demolition of his house, and the burning of his furniture. I left the square whilst this scene was acting, proceeded down to South street, and there for the first time discovered that the mob was en- gaged in the destruction of the property of l\lr. Morris. The work of destruction being finished here, the air re- sounded with mingled cries from the mob, "to GilTs, to McEldcrry's, to Hunt's," I followed a body of them to the corner of Gay and Market streets, at which place a consultation took place among tliem, whether they should disperse or go to Mr. Hunt's, and they finally concluded to disperse by a decision of the majority that Mr. Hunt was not blameable for the acts of the Bank — at this junc- ture that body dispersed, it being about 3 o'clock on Mon- day morning, and 1 returned to ir.y dwelling, which closes my observation of the proceedings of the mob. To the third interrogatory, I answer, that it was my opinion, and the opinion of all with whom I had inter- course, that there was a tumult brewing, whether the city authorities or police of th^ city, entertained the same opinions,! have no knowledge. To the 4th interrogatory, I answer, that the measures adopted by the civil authorities to prevent or suppress the mob, were as far as I am informed, pacific. To the 5th interrogatory, I answer, that the only means other than those resorted to, which the civil authorities might have availed themselves of, to suppress the mob, 33 was that of an armed force, how far these means might have been obtained, and if obtained, how far it would have been successful, may be judged of by the general apathy wliich pervaded the whole community and the ap- parent willingness, with which almost two thirds of the population witnessed the outrages that were committed. To the 0th interrogatory, I answer, that it was rumor- ed that the mob designed to ''estroy the property of citi- zens who had been active in their efforts to suppress their violence. The mob was quelled in my opinion, by a re- action of public opinion, growing out of the destruction of the property of Mr. Hunt, when the public became alarmed at the train of plunder and pillage which would follow, in the event of further passiveness, that under the comnsand of Gen. Samuel Smith, they rallied, and suppressed all further disorder. The same means would, at any time, have produced the same result. Cross interrogatory to Mr. Hare. Was any resistance of any kind offered by the city au- thorities or the citizens to the destruction of Mr. Johnson or Mr. Morris' house on Sunday; and can you form any es- timate of the number of persons present in the Square when the scene of destruction was going on at Mr. John- son's house? Answer. There was no resistance of any kind offered as far as the knowledge of this deponent extends; this depo- nent supposes that the number of persons present was from five to six thousand. GEORGE W. ANDREWS, being sworn, answers: To que=tion 1st. I am a citizen of Baltimore; I am en- gaged in the Drugg Business, I was in the city of Baltimore during the montliof August, 1S35 — and particularly on the Sth, 9th and lOth days of that month. To qupslion 2nd. On the 6th, 7lh and Sth of August, I was confined to my bed and house by sickness. On Sunday -evening the 9(h, about 8 o'clock, I weni as far as the First Presbyterian Cliurch, in Fayette street, which is about four hundred yards from Mr. Johnson's house, I was not able to get nearer, the crowd was so great. I am unable to say how many were actually engaged in the work of destruc- tion — the number in the Square and streets leading to it, and who appeared to countenance and encourage the mob, 5 84 were several thousand. I only remained about five minuteg, for being still weak and unwell, and fearing a rush in the crowd, I returned home. Answers. I believe it was generally known and appre- hended by the citizens, from several anonymous letters and placards, and also from general rumour, that some outrage was intended Answer 4. I am not able to give any information on that subject, being as I have said, at home sick. Answer 5. Not able to answer, as I saw none of the pro- ceedings of the civil or military authorities, nor do I know what steps they took, except from hear-say. Answer 6. I believe it was generally understood that the mob intended to destroy other property. There was an appeal to arms made by General Smith on Monday morn- ing, and responded to by the citizens in the afternoon, but no mob made their appearance. If the same means had been resorted to at first, I should suppose the mob might have been quelled. JOHN H. MARRIOTT, being sworn, answers: Answer the fiist. I am a citizen of Baltimore, engaged in the Shoe business, was in the city of Baltimore during the month of August, 1835. Answer the second. On Friday evening August the 7th I was at Monument Square about twenty minutes, there was a large concourse present, from what I saw the short time I remained, they appeared determined on mischief. I saw the Mayor, General Miltenberger, C. O'Donnell, and others, and many of the civil authority actively engaged in endeavouring to suppress the mob. Answer the third. It was generally supposed there would be a mob. Answer the fourth. I understood that a meeting of citi- zens held at the Mayor's Office, had determined to call up- on the citizens generally to aid the civil authority, this call was but partially responded to, each man to be furnished with a baton or large club Answer the fifth. Without the aid of the military it was not in the power of the civil authority to quell the mob, this I think could not be obtained. I requested a number of young men (members of volunteer companies) whom I knew to be fond of parading, to assist the civil authority, observing to them that on other occasions I knew them to 35 be prompt in turning out, the reply was, we want a militia lavT, we will let them see the necessity of one. Answer the sixth. I believe it was the intention to have destroyed the property of others, turning out and parading the fire companies through the streets, had a very great ef^ feet in suppressing the mob, and the citizens becoming dis- gusted with the proceedings of Sunday night, many of them determined to rally around the city authority. Cross interrogatory by Mr. JOHNSON. Were you present at the house of R. W. Gill, Esq. on the Monday after the mob, and did you use ^jny and what means to save his property, and with what success, from destruction by the mob.'' Answer. I informed some of the persons who seemed to lead the mob that the house in which Mr. Gill resided, did not belong to him, but to a gentleman who lives in Harford county. They asked me if this gentleman was not in town on Saturday night with the horsemen. I answered no. They then appeared to give up all desire to destroy the property. NICHOLAS BRICE, being sworn, answers: Before I answer (he several questions in the order they are proposed, i beg leave to submit a succinct narrative of what I consider the material facts within my know- ledge relating to the subject now under enquiry before this Honorable Committee. It was not until towards the close of the month of Ju- ly last, that I began to entertain serious apprehensions that a riot would grow out of the disputes relating to the affairs of the Bank of Maryland; and that the popu- lace were prepared to carry into effect the denunciations of personal violence against Mr. Johnson and others on the first opportunity that offered, if suitable measures were not speedily adopted to check the spirit of insub- ordination to the laws which seemed to pervade the com- munity. Having got possession of a placard, which 1 consider- ed of more than ordinary^malignity, I thought it advisa- ble to enclose it to the Mayor, and a t the same time to suggest the necessity of being on his guard, lest the ap- prehended calamity shonld reach us before we were prepared for it; and received from him a note in reply, 86 under date the 30th July, in which he assured me that he had already deemed it prudent to be on the alert^ by which I understood he was prepared for any such event, altho'he did not expect its occurrence. Which note (A.) I request may be considered as an exhibit. Not havingagain heard from the Mayor on the subject, and my fears of a riot rather increasing than abating, I took the liberty on Wednesday preceding its actual oc- currence, to Gallon him at his office, to repeat my anxiety on the subject, and to urge on him (in addition to such other means of preservation as he had already adopted) the pro- priety of immediately issuing his proclamation, oft'erring a large reward for the discovery of the authors and distribu- tors of the incendiary publications that had already done much mischief, and were likely to do more. He expressed himself satisiied with the propriety of the measure recoar mended, but said, before he could carry it into execution, it would be proper for him to consult other friends, who he had reason to believe, would approve of it also. — If this proclamation was made, I had not the good fortune to see it, or hear of it — nor did the Mayor ever explain to me the reason which influenced him to alter the favorable opinion he had expeessed to me on the subject. Not having any reason to apprehend an immediate dis- turbance of the peace, on the Friday following I put my- self on board the steam boat Jl/aryland, for the purpose of visiting my son's farm, near Annapolis, (from which he had been absent for some time, on a tour in the western country) to see how it had been conducted in his absence. It was on board the steam boat I became first informed of the meeting that had taken place in the Square, the night before when demonstrations were made of a design to injure Mr. Johnson's house. On receiving this intelligence, I felt no little mortification in being absent, and decided upon return* ing the following day. On my arrival I proceeded imme- diately to the mayor's ofi&ce, where I learned with dismay, that the energetic plans, which I n'as lead to believe had been adopted by the mayor, were laid aside, and others of a different character, substituted for them, which I thought were rather calculated to irritate, if not encourage the rioters, than induce them to relax their violence. After paying my respects to the mayor and learning the hour when it was j^expected Ihat operations would com- mence, 1 left him, and agreed with Judge Nesbit, that we 87 woultl be on the s;round in time to renclsr an)' assistance that might be in oar power, for the restoration of peace On our arrival, fearing lest the force proceeded by the mayor might prove insufficient for the occasion, and seeing many persons standing by, who we thought might be induced to take pait in the defence if it was made their duty to do so, we determined on issuing orders to the sheriff, our proper officer, to summon a posse comitatus, which he promptly obeyed. — (Exhibit No. 1 ) The mob had not then all assembled, but did so very soon afterwards, and occupied all the avenues leading to the Square, and it was not long before the operative rioters gave proof of their presence also. It soon became apparent that the peaceful plan of defence which had been adopted would prove a failure, and that the rioters, who were not restricted in the use of means of annoyance, would get possession of the Square if not opposed by an ade- quate means of resistance — the persons engaged in de- fence (some of whom had already been severely wounded by brickbats and other missiles thrown by the rioters) be- came extremely dissatisfied, and declared their determina- tion to retire from their stations unless the mayor would put arms into their hands, with liberty to use them. I waa setting by, when many appeals of this kind were made to him — he at first appeared to be undecided, but at last yield- ed his conaeni; and as it was proper that the use of arms should be sanctioned by written orders, I proffered my ser- vices, and issued those contained in exhibit No 2; and their prompt execution, soon turned the scale in favor of the friends of order, the niob were dispersed and Mr. Johnson's property protected for that night — before we left the Square Judge Nesbit agreed with me m the propriety of calling out the militia for service on Sunday, and we issued orders for that purpose to Col. Benjamin C. Howard, which I have since learnt were delivered to him by Captain Willey. A copy of this order is contained in exhibit No. 3. The rioters having been subdued and dispersed, and pro- vision made for the ensuing day, I went home to see my family, and got a hw hours rest. On Sunday morning immediately after breakfast, Judge Nesbit and myself were called to the Jail to take bail for the prisoners captured the night before — in num- ber about fifty or sixty, and remained there till between 11 and IS o'clock. As soon as I left the jail I proceeded 38 to the mayor's residence to learn what preparations were making by hitn for the coming night. I found hia house in great cofifusion. I spoke to him, but before I had time to make known the object of my call — he left the room, and notwithstanding I applied to his friend Mr. Miltenberger, who was there, for the information I wan- ted, his reply was as well as I remember that nothing more could be done, that the militia would not turn out. Learning that Mr. Hunt was about getting into a car- riage to leave town, I hurried out to see him; but just as I got to the door the carriage had started, and I saw no more of him. On my return home I found many persons waiting for me, some to give bail for their friends in jail, and others on other matters connected with the riots — and my time and attention became wholly occupied, — during the morning, that is to say, as well as I remember about one or two o'clock, I received a visit from Mr. Miltenberger, before mentioned, who was accompanied by two other persons. The object of his visit, as he stated, was to prevail on me to come into town, (my residence being in the suberbs, near the Monument,) and endeavour to preserve order and restore tranquility. I expressed my surprise at such a request, asked him by what authority he came and whether the mayor had abandoned his station, saying, "if he had, I would cer- tainly take his place at all hazards, but that I would not usurp his authority — he declined giving me his pledge to that effect, and I dismissed the subject. Very soon after he (I mean Mr. Miltenberger) had left me, Wm. Gwynn, Esq. with a friend, stepped in, and asked me if I knew what was going on down town, replying in the negative, he told me that he had received information that the mayor was about issuing or had issued a proclama- tion denying his participation in the order for using fire- arms,which of course would expose me as well as others to the fury of the mob. I immediately sat down and wrote to the mayor, begging him not to issue the proclamation, that it was surrendering the city to the rioters, or using gome expression of equal import and gave it to Mr. Gwynn, with a request he would deliver it. [See Mr. Gwynn's letter hereunto, exhibit B.] When he departed, I sent one of my nephews to get one of the proclamations if issued, and he soon returned with one, which I now exhibit marked C. 39 When I read the procIamatioEt befoie mentioned, I be- came satisfied that the rioters had nothing further to fear. What steps had been taken by Col. Howard to embody the militia as I directed him I was not informed until Monday when I read the letter now shown. fiVo. 5 | In the afternoon of Sunday a very lareje body of the rioters were assembled on the hill opposite the jail, ex- pressing their determination to rescue the remaining un- bailed prisoners — the Warden got alarmed and wrote to me for orders to release them My only reply was, 'not without bail." — [See his letter D. j I thought it proper that night to disperse my family amongst their friends, and as I knew that I had been prominent in consequence of Mr. Hunt's proclamation, did not think it prudent to run unnecessary risks by remaining at home. That night Mr. Johnson's, Mr. Morris's, Mr. Eliicott's houses were completely sacked and the furniture destroyed. On Monday morning when I returned home ,my servant informed me that the rioters had been there bwt postponed their depredations till night. This being confirmed by several neighbors, induced me to remove my furniture into the country, as my neighbors were all afraid to re- ceive it. On that day, apprehending further violence from the rioters, [ wrote an order to Gen. Smith who lives in the county to turn out the militia under his com- mand. — [See exhibit No. 4.] I also addressed a letter to the Governor of the State, and forthwith by expess under cover to Mr. Johnson, then in Annapolis, to be forwarded, and I think another to the Secretary of War, but of this 1 am not quite cer- tain — though inclined to that belief from the following letter from Mr, A. Randall, dated, Washington llth Au- gust. These are all the means taken for the auppression of the riots that I now recollect. 1st. Question, I am a citizen of Baltimore, and Chief Judge of Baltimore City Court. I was in the city of Bal timore during the entire month of August, (except the cept the two days mentioned in my general statement) and particularly on the 8th, 9th and lOth days of that month. 2d. As I had not attended any of the public meetings which occurred before the 8th of August, and indeed, (owing to my remote residence from the centre of the town) did not often hear of them till after they had taken 40 place, and as on the 8th I remained in the square until the rioters vvtre dispersed, I had no opportunity of form- ing; any satisfactory opinion as to the numbers composing the mob or rioters, nor of their proceedings, but from the report of the wounded men and others, requiring from the mayor, arms to defend themselves. 3d. I do not know whether the mayor (who was, from his station, the acknowledged commander in chief and particularly charg^^d with the preservation of the peace, of the city during the night) was or was not aware of such combination or confederacy, but he certainly did know, as almost every one else did, ihat a number of in- flammatory placards had been distributed through the city, for the purpose of exciting the people to acts of vio- lence, and that a riot was likely to take place, when their leaders should think the time for action had arrived — that the mayor did expect a riot, I also inferred from a per- sonal interview with him, in which he expressly gave me to understand, that he v^ould be prepared for it, when- soever it should occur. 4th. As I was never at any time consulted by the mayor on the subject of what measures were most advisa- ble to be taken on such an occasion. I can only answer from hearsay as to his plans but what was done under his orders or by his consent in the defence of the city, I have already detailed and must on this part of the ques- tion take leave to refer to my former statement and to the written and printed documents referred to therein. 5th. I may be mistaken, but I never had a doubt, that if the mayor had ifsued his proclamation as I advised him, on the previous Wednesday, offering a large re- ward for the discovery of the authors of the inflammato- ry publications,and armed his own police ofiicers (amount- ing as I have been credibly informed, to 123eff'ectual men) they would have been joined by volunteers amply suffi- cient to have prevent«'d the riots altogether, and that without shedding of blood. Gth. It was currently reported after the mayoi's Sun- day proclamation denying his having given the orders to use fire-arms on the preceding night, that a number of persons, myself amongst others, were proscribed; and but for the timely check that was given to that spirit of vi- olence, on Monday afternoon, I would have been exposed to the fury of the rioters. 4t Cross interrogatories by Mr. JOHNSON. First. Did I not call upon you at your lodgings in An- napolis on the Saturday of the mob, and complain of the situation in which my property and that of others, supposed to be obnoxious to the populace, was left by ihe authorities, and te!l you that happen what might, I would re; urn (o the town at any sacrifice of property, or even life, and did you not then assure me that you had at that time prepared a requisition on tha military, and that you would, as soon as you reached Baltimore, on the evening of that day, in the steam boat; lose no time in putting it in execution.'' If so — Why did it happen that such requisition was not made on that evening.'' Second. Why was it that you ordered the use of arms on Saturday, and at what hour was it so ordered.'' Was it not because you saw that without them, the mob could not be suppressed, and the property and safety of the memorialists preserved; and was not that the general opinion of the friends of order at that time, as far as you can recollect.'^ Third. At what time was it on Sunday morning, that you called at Mr. Hunt's house, as you have stated you did in your answer in chief.'' When you met General Mil- tenberger, who else was present.'' Did the mayor leave the town on Sunday and abandon his post as that officer.'' At what hour of the day was it on Sunday that you wrote the note to the mayor requesting him not to publish his procla- mation of that day.'' Fourth. To whom did you send enclosed your letter to the Governor and Secretary of War, asking for the assis- tance of the United States.^ Was it not to R. Johnson.^ Have you understood in what manner and by what means he assisted in obtaining the assistance of the troops of the United States.^ 1st. To the first part of this interrogatory, relating to the conversation between Mr. Johnson and myself, I an- swer affirmatively. The reason why my orders for turning out the militia, were not issued immediately on my arrival, was simply this — the steam- boat was late in getting up — on my arrival at the mayor's office, I found that he had decided on a plan of defence from which the use of arms was excluded; and 1 did not think it either expedient or proper, for me to adopt 6 42 one of a cllffercnt character, until that of the mayor had been first tried — but assoon ho'vever, as a resort to arms was authorized, as before slated, 1 immediately delivered my orders referred to, (only altering: the date to the 8th of August,) to a messenger, to be put into the hands of Col. Howard, and lliey were, I understand, delivered to him a- bout 2 o'clock Sunday morning, which was as soon as they could well be delivered. 2nd. I have no rceollection of hours, my attention being solely occupied by the passing events. It was very soon discovered that tlie mayor's plan would fail, and the orders for resort to arm!> were given because without them, the ri- ot could not be suppressed and the property protected; this seemed, as far as I could judge, not only my opinion, but of all others about the person of the mayor, or with whom l conversed on the subject. 1 would have issued them even if the mayor had not consented. 3d. It was between 11 and 12 o'clock, as well as I could judge, as St. Paul's Church was in when I passed, and had not been dismissed when I returned home. I do not recollect to have seen at the mayor's, any other person ttian General Miltenberger and some members of Mr. Hunt's family; all I knovrin relation to the mayor on that occasion, is, that he left me very uncerimoniously, but where he went, and whether he had then made up his mind to abandon his post, 1 was not informed, I then under- stood that he was going into the country. 13 Mayor's Office, Baltimore, July 30, 18S5. Dear Sir — T have seen one of the circulars mentioned in your note, and have heard of several others being in circulation. I do not think that they can be productive of any evil consequences, but I have of course deemed it prudent to be on the alert, and if any thing transpires worthy of notice, will not fail immediately to see you. Yours, truly, JESSE HUNT. Hon. Judge Brice. B. August 21, 1835. Dear Sir — I well recollect that on Sunday, the 9th in- stant, I called at your house and informed you that I had seen the manuscript copy of a hand bill which was signed by Mr. Hunt as Mayor of the City, and was to be printed for circulation that day, and that it contained a declaration "that the use of deadly weapons the prece- ding night was against his judgment and advice.*' I also heard you read, and read myself, a note which you wrote to the Mayor in my presence, in which you stated in substance "that you Avere informed he intended to issue a hand bill that day, the contents of which, as described to you, would produce a most injurious effect, and earn- estly requested him not to issue it." I am unable to give the words used by you. The note you handed to me, and requested that I would have delivered to the Mayor; I sent it to Mr. Hunt's dwelling house by a ser- vant, who, on his return, informed me that Mr. Hunt was hot at home, but there being persons in the house, he had left the note with them. 1 am, respectfully, yours, \VM. GWYNN. Hon. N. Brice. 44 c. Mayor's Office, Baltimore, Aug. 9, 1835. Once more I appeal to my fellow citizens to stay the progress of violence, and prevent a repetition of the la- mentable events of the last night. Called by your free suffrages to the Mayoralty of your City, and charged by you with the preservation of its order, I have, through- out my whole official career, and up to the present mo- ment, laboured unceasingly to promote that object by the force of reason and the unarmed hand of law. I have deeply deplored the disregard with which my earnest appeals have been met, and the resort to deadly weapons which, against my jiidginent and advice, has unfortunately been taken. It remains for the prudent, the pacific, the lovers of good order, those who would not expose the property of the city to pillage, to arouse before it is too late, and restore to us our recent boasted tranquility, and its accompanying hippiness and prosperity. And in furtherance of this most desirable end, I earnestly en- treat the orderly and well disposed, except such as may be engaged in aiding the civil authority, to remain at home, and prevent the younger members of their fami- lies from resorting to tumultuary assemblages JESSE HUNT, Mayor. D. Baltimore, September SO, 1S35. Sir — 1 have delayed answering yours of the 2Sth inst. in hopes of being able to lay my hand on my note to you of the 9th August, (a copy of which you request,) but have not been able to do so. It was written in the midst of the confusion and bustle of that day with a pencil, and when returned with your reply, was thrown aside, and is most probably destroyeJ; but I distinctly recollect the substance, if not the exnct words, as well as the circum- stances under which it was written. It was on the the ever to be remembered Sunday, when the whole city was to all appearance in the hands of a ruthless mob, when every effort to procure assistance to defend the jail and prisoners had failed, and when those charged with felony were in a state of mutiny; the mob 45 collecting in large numbers in the neighborhood of the prison, threatening to make an attack, with cannon at their command, and all the attention of myself and depu tics required to control those committed to our care; the most of the fifty six charged with being concerned in the mob, had been admitted to bail through the course of the day, leaving eighteen or twenty still in custody; under this state of things I thought it would be prudent to dis- cbarge those eighteen or twenty, and thereby be enabled to retain the criminals, many of whom are old convicts: under this impression I wrote the note you allude to, which was nearly as follows: "Judge Brice — As 1 have been unable to procure any- adequate force for the protection of the jail, and the 'jri- soners are in a state of mutiny, requiring all my force to keep the control of the prison, the moj gathering in large numbers near the prison, with cannon at their command, would it not, as a matter of policy, be best to release the eighteen or twenty charged with riot, and enable me to detain those charged with felony. D. VV. HUDSON, fFarden. To which you made the very laconic reply at the bot- tom, of "not without bail." Signed N. B." Immediately on the reception of yours I determine^ at once to defend the jail as long as practicable, and made preparation to carry my determination into effect. The arms were re-examined, charged, &c.; my deputies, four in number', were all at their posts, and all determined to do what could be done under such circumstances to main- tain the authority over the prisoners, and for the defence of the place. The ringleaders of the rebellious felons were secured and ironed, and placed where their noise would not reach the ears of the mob outside, &c,; while waiting the expected attack an order came from the sher- iff for their release. This measure I thought at the time was a wise one, and 1 still believe it was the most politic one that could liave been pursued under the then existing circum- stances. Very respectfully, D. W. HUDSON. Hon. N. Brice, C. J. Baltimore city court. 46 No. I. August 3, 1835. To the Slieriff of Baltimore county: A riotous and disorderly mob having for several nights assembled in ^Fashington Square, threateniug vio- lence to the persons and property of certain citizens, and there is every reason to apprehend further disturbance of the peace from them: these are to require you to summori a posse commetatus to aid you and the civil authority to preserve the peace, and if necessary arrest those who may have any agency in its violation. Given under our hands and seals on the date above. N. BRICE Chief Judge, [seal ] A. NESBIT, Associate Judge, [seal.] No. 2. Baltimore 8th August, 1835. To the Sheriff of Baltimore county: It appears from the violence manifested by the mob, ihat it is absolutely necessary to arm the fiiends of peace and POod order, you are therefore authorized to obtain them where you can, and use them if necessary to repel force by force this shall be your authority. Given under my hand and seal. N. BRICE, Chief Judge, [seal.] No 3. To Bri^'^adier General George H. Steuart, or Colont'l Bf-njamin C. Howard: The undersigned having sufficient reason to believe from their having seen several inflanimntory placards which had been altat-hed to the walls of houses, inviting a rising of the people for the purpose of taninff and feathering certain of our citizens, and from the assembling of a mob and throw* ing stones and other acts of rioting, that 'he peace and quiet of the Mate within the city is in danger of being disturbed by a number of evil disposed peisons, and believing that in such an event the civil aulhoiity will be insufficient without aid to quell the mob and restore order: these are there- fore to require you, without delay, to order out the mi- litia under your command, ot such portion of them a3 YOU may think sufEeient for the occasion, to aid and assist ihe civil authority in preserving the peace of the State 41 -within the said city, for which this shall be your autho- rity. Given under our hands and seals the day and year above written. A portion cf cavalry is recommended to be called out. N. RRICE, Chief Judge, [seal.] ALEX NESBIT, Asp. Judgij Bait, county court, [seal.] Thi«5 had been prepared several days before, and di- rected to General Steuart, but issued on the Sth August late in the night, and in consi quence ot the GeneraTs ab- sence from town. Col. Huwnid's name was inserted as above, with the following j)o.stscript: P. S — General Steuart being absent, Colonel Howard will please call out tiie military at as early an hour to- morrow as possible. On the lOib of August, 1835, in consequence of a let- ter received from Col. Howard in reply to the above or- der, the following was issued: No. 4. Baltimore, 10th August, 1836. To Major General John S. Smith: A lawless mob are now in the act of destroying the property of our fellow citizens, and threaten violence to the persons of others, the civil authority not being ade- quate to the preservation of the peace: these are there- fore to require you to call out the militia under your command instanter, to aid the civil authority. Witness my hand and seal the day and year aforesaid. N. BRICE, Chief Judge, [seal.] Washington, Aug. 11, 1835, 10 o'clock A. M. To Judge Brice — The object of this letter is to inform you that on the requisition of the Governor of Maryland the companies of the United Slates troops stationed at Forts Severn, McHenry and Washington, have been ordered to repair to Baltimore and there aid the civil authorities in quieting the riots existing in that city. The President of the United Stales has been informed of these proceedings, and no doubt will order the companies at Fortress Munroe to proceed to Baltimore if necessary. A RANDALL. 48 No. 5. Monday morning, Aug. 10, 1835. Sir — Having received a requisition from you about 2 o'clock A. M. yesterday, directed to General Steuart or myself, and calling for the military force of the light bri- gade; in the absence of General Steuart I issued an order for the brigade to assemble at 8 o'clock in the morning, and bad the notices promptly served, but nei- ther at that hour or any other during the day could a turn out be obtained. If any measures are to be takf n to arm such citizens as may choose to take arms until the restoration of the public peace, they must flow from the highest military authority in the city, viz the major gen- eral, from whom all orders ought to issue, and to whom all reports should be made, and whose existence and functions you seem to have forgotten when you issued the requisition to an inferior authority. I am, respectfully. Your obedient, BENJ. C. HOWARD, Col. 5th Regiment. Hon. Judge Brice. 49 JAMES BLAIR being sworn, answers: 1st. I am a citizen of Baltimore; a Justice of the Peace for the city of 13altimore, and was in the city during the month of August lS35,and particularly on the 8th, 9th and 10th days of that montli. 2d. I answer I was an observer of the progress and pro- ceedings of those persons most conspicuous in creating the excitement, and exaggerating by proclamation the causes which led to the then unhapp}'- state of society. I was a- ware for several days previous to the 7th and 8th of Au- gust from several placards whicli were circulated among that part of the community most likely to be excited, and the general feeling pervading the community at that time, that a most inflammatory state of feeling was to be apprehended. Although the naeetings on the 5th, Gth and 7lh of August at the different places which rumour assij;ned for the mob, were not of that character to justify the appr'^.hension of the result, being principally composed of boys, and indivi- duals who would not have encountered danger; their con- duct appeared rather to feel the public authority, than com- mit the outrages that f^^llowed; »hus strengthening the con- fidence of Mr* Hunt that his personal popularity and offi- cial station would be adequate to restore peace and tran- quillity to the community; but that this was a delusion he was convinced on Friday night, by the large number of persons who appeared at Jionument Square in front of Mr. Johnson's house, whose unexampled excitement proved be- yond all doubt that they were resolved on the destruction of the property of those individuals who had become ob- noxious to them in the recent transactions of the Bank of 71/aryland. Of the number assembled on Friday night, I would estimate tliose actively and openly engaged at not more than from 40 to 50, principally boj's; of those pas- sively engaged, urging on the rioters, but who would not have encountered formidable resistance, at not less than 500; and of those composing individuals drawn there from curi- osity, not less than 4,0U0. In the midst of this excitement and confusion, Mv. Hunt (then mayor) advanced to ha- rangue and persuade the rioters, (thus so numerous and dis- orderly,) proclaimed the supremacy of the law, and calling on all persons orderly disposed to step forward and aid him ill sustaining the civil authority; but in vain — he was de- nounced as one of the party who had participated in the causes which produced the present excitement. Mr. Hunt at this moment ascended the steps from which he had con- 7 50 jured them to desist and retire to their homes, and with the moral courage that would have distinguished the bravest a- mong the hrave, regardless of life or personal danger, min- gled with the rioters, and wilh his ccnie, the only weapon of defence, (except a few friends) he continued to exert himself until danger of attack from the mob was no longer apprehended. On Saturday night, a number of persons collected in Market street at its intersection with Calvert, advancing to the general attack, as by concert previously understood, was repulsed by citizens and a bold and daring police stationed there by previous arrangements made at the mayor's office during the day. The further proceed- ings of Saturday night — the destruction of Messrs. John- son and Glenn's property, shew conclusively the fatal error the civil authority had fallen into in its means of defence against the works of destruction intended by the mob, and which could not be misunderstood. Sd. It was generally known that an unusual excitement prevailed some time previous to the 6th — am not aware of the civil authority being acquainted with any combination formed previous to the riots of the 7th, but it was general- ly understood throughout the city that a combination was forming to break the peace and destroy the property of those citizens who had become the objects of their ven- geance. 4th. I know of no measure adopted by the civil autho- rity previous to Friday the 7th, on which day the mayor called the citizens together by proclamation, at the Ex- change, for the proceedings of which I will refer to the minute detail given by Mr. Read in his answers, except the closing resolution offered by Mr. Thomas, and received with such general demonstrations of unqualified applause, that nothing would appease the infuriated mob, and restore peace and tranquillity, except the immediate surrender (by the trustees of the Bank of Maryland,) of the books in their possession to the creditors. Overwhelmed with in- tense anxiety for the public safety and the restoration of ci- vil rule, without the resort to deadly weapons or the shed- ding of human blood, on Saturday morning the mayor a- gaiii convened a number of highly respectable citizens at the Council Chamber, to consult, advise, and co-operate with in any measure Ihey might adopt for the more effect- uall}'' arresting the progress of the mob, and putting a stop to the awful calamity which appeared to await the city. — Mt, Hunt presided at the meeting, and delivered a detailed 51 and deeply aQecting narrative of the proceedings of the mob, and zealously entreated the gentlemen present to a- dopt such measures as in their judgments were best calcu- lated to produce the desired end. Several gentlemen dis- played a good judgment of human events, and recommend- ed several plans of operation; great difference of opinion existed, and the resort to arms and peaceful measures were eloquently and forcibly discussed; but no decisive measure was adopted, or a concentration of opinion obtained as to the proper means to be applied, until a gentleman, James W. McCulloh, Esq. rose in his place, and by powerful rea- soning on the policy of peaceful measures, and an assurance that the books of the Bank of il/aryland were not in the poss3SLion of the trustees, but on tiieir way to Bell-air to be surrendered to the court which would meet on the Mon- day following. A gentleman from the eastern part of the town, believed to possess correct information, James Tho- mas of Fell's Point, replied, if that was the fact, the mob, or the creditors of the Bank of Marj'land would be satisfi- ed, and no apprehensions of riot might be entertained from them. This, as regarded myself, and I believe many others, silenced the appeal to arms; however, a resolution passed calling on the gentlemen pre.:iient to attend at the mayor's office the same evening, with an acquisition of such strength as they could furnish from their respective wards, repre- senting from 50 to 150 men, which would on their arrival be furnished with clubs or batons as their means of defence. To this call I paid no attention; I neither attended myself, nor asked others to attend, convinced that if the mob made their appearance that night, it was but childrens play to de- fend ourselves with such weapons. 5th. The means by which the mob might have been pre- vented from assembling and destroying the property of the memorialists, was within the power of the civil authority, if there had been concerted action, by (hose charged with the diflferent heads of its department, a call to arms would have been responded to at any time previous to Saturday night, or Sunday morning. And I believe would have been a- dopted by the J\hyor, if legally advised at the proper time, great difference of opinion exists, on this head, but I hope it is an honest difference among members of the same family, the proceedings of Saturday night I shall pass over Irom a conviction that they are given in detail by others, more minutely, and correctly, than my opportunities would ena- ble me to do, on Sunday morning I visited the residences the Mayor, Mr. Hunt's about S or 9 o'clock, where 52 found several gentlemen discussing the subject of the re- cent events, and awaiting the result of the call made on the military, which when made, was that they could not be ral- lied; the mayor exhausted by fatigue and the loss of rest, oppressed and distracted, by the conviction that he was de- serted by his fellow citizens, and defeated in the plans a- dopted for their defence, exclaimed in tiie language of dis- pair: all was lost, and further efforts on his part were un- availing, at this moment many i'riends and citizens called on him, and stated public feeling was much enraged at him aledging, that he was the cau.'-e of the blood ihat was shed the previous night, and that his person and property was in emminent danger — this information hereceived with much concern, and stated to this deponent that offices were not made for men. That if hisproj^erty was destroyed it would be an evidence, that he had lost the confidence of those who had placed him in power, and he would feel it his duty to resign — when he could no longer be useful to his fellow ci- tizens, about twelve o'clock, M, Mt. Hunt warned his fami- ly of the necessity of packing up the most valuable part of their effects, and retreat to a friends house which they did. Mr. Hunt and myself about one o'clock, took a carriage and visited the west end of the town, returned to the coiner of Market and Eutaw streets where I left him with the inten- tion of calling on a friend (Solomon Etting Esqr.) with whom I knew he had frequently consulted, on confidential subjects, I proceeded down Market street and found by in- formation from the first person I met that it was generally rumoured that Mr Hunt and myself had left town, and he of course, had abandoned his post, I replied in the negative and returned immediately to Mr. Etting's suggested to Ah. Hunt, that we should proceed down Market street for the purpose of shewing ourselves, and that by that step we would effectually put a slop to the rumour, we did so, and on our way met several persons all of whom aj^peared pleased to see Mt. Hunt had not deserted his post, as was rumoured, among whom was Solomon Etting Esqr, his son and seve- ral other gentlemen, Mr. Etting proposed that Mr. Hunt should attempt to rally a force at the head of which he should take his station with fife and drum. And they would fall in wiih him, Mr. Hunt declined the proposition stating to this deponent, it was impracticable attliat hour, we proceed- ed down il/yrket and Holiday streets, untill we reached the Mayor's office which was then closed, we returned up Fay- atte street until we reached Liberty street, (it was now a- 53 bout sundown) where we met Doctor James H. Miller, a liighly respectable professor of medidiciiie; who politely invited I\Iv. Hunt and myself, to step over to his house and partake of a glass of wine tvhich we did, and jiere I must correct a witness (Caleb D. Owings) who states that Mr. Hunt lodged in my house ip Franklin street on that night. Mr. Hunt remained with Doctor Aldlev until Monday, morning, being within the sound of the mob engaged in deslroying his proj)erty during the night. On Monday morning, Mr. Hunt accompanied by Doctor Miller and my- self, proceeded to the Mayor's office. When Mr. Hunt re- sumed the duties of his office and received the different salutations of the citizens as they ajjpeared some of which were impertinent, insulting, and abusive, the result of which was tlie consummation of his previous design, that of his re- signation whicii took place about noon. 6th. It was generally understood, that the intention of the mob was, to destroy the property of other person"., the mob was quelled by the simultaneous action of the citi- zens, arising from the destruction of Mr. Hunt's, Ben- singer, and Willeys' property, aided by the call and ap- pearance of the Veteran and venerable General Smith at their head, the same means at any stage of the violence would have produced the same effect. Cross interrogatories by Mr. JOHNSON. Do you know who were the legal advisers of the mayor of whom you have spoken in your answer in chief who dissuaded him from the use of arms? If so, name them. Have you heard who they were, and from whom.'* Answer. He has no knowledge which would enable him to answer this interrogatory. Second. At what hour on Sunday was it that Sol. Etting proposed his, Mr. Hunt's, heading fife and drum and at- tempting to rally the citizens? Ans. Between 4 and 5 o'clock on Sunday. Third. Did Mr. Hunt leave Dr. Miller's house on Sun- day night, or make any effort to preserve the safety of the city or the property of the memorialists? Ans. He did not leave the house or make any eflfort to prevent the dcstruclibn of property as far as this deponent knows. Cross interrogatory by Mr. McMAHON. Do you know whether before or about the time of the riots in August last, there was any expectation or appre- hension of an attack by a mob upon the Carmelite Convent 54 in the city of Baltimore; and if so, whether any and what measures were taken to prevent it? Was not a general ap- prehension to this eficct entertained? In the month of Au2;ust previously to the general riots, a gentleman belonging to the Roman Catholic Church call- ed upon me and stated ''that apprehensions were enter- tained for the safely of that institution; that the friends of the Church would be expected at the signal understood by them from the Cathedral bell, to repair to the institution for its defence; that in the event of such signal he requested this deponent should attend, as his official station and per- sonal efforts to prevent the mischief might have great ef- fect, and hoped that he would attend to that matter. The apprehension was generally entertained so far as his know- ledge extends. Mc. Ely desired his protest to be entered on the minutes of the proceedings to the putting any questions in relat.'on to the Carmelite Institute, because of their irrelevancy. Mv. McMahon stated his purpose to be to prove the ex- istence of a general spirit of anarchy and insubordination to the laws in the city of Baltimore in August last, from which there was an apprehension of an attack upon help- less and defenceless females without the slightest provoca- tion. Cross interrogatory by 3Ir. PRATT. Did the mayor call his corporate advisers to consult with him upon the proper course to be pursued to prevent or suppress the rioters; if yea, state at what lime such a call was made; if nay, slate whether in your opinion the mea- sures that would have been probably adopted by such & call would have had the effect to prevent or|suppress such riots. Ans. I Know of no call being made until 71/onday morn- ing. On Sunday I met Mr. Childs, one of the members of the Councils who exclaimed much at the proceedings had on the occasion, and stated that if the J/ayor had called to- gether his legal advisers the result would have been diffe- rent. I am unable to give an opinion as to what would have been the result of such a call. ANTHONY MILTENBERGER, being sworn, an- swers: Answer to Interrogatory 1st. I am a citizen of Balti- more, engaged in mercantile business, and was in Balti- more during the month of August 1835. Answer to Interrogatory 2nd. The first I saw of the 55 mob was on Fiiday night, August 7th, at Monument Square, where I arrived at the time Mr. Hunt was ad- dressing the assemblage from the steps at the north front of Barnuin's Hotel, the meeting was also addressed by JMesssrs. Jones and Preston, and again fiora tlie portico at Mr. Johnson's house by the mayor; at this time I joined Mr. Hunt, taking him by tiie arm, a line being formed in front of the house, we attempted to press the crowd back, in which we only partially succeeded; we made many other attempts of a similar character in different parts of the square until about twelve o'clock, when the crowd generally dispersed. The number in the square, I think, must have been upwards of two thousand persons, very few of whom appeared to be operatives. Itliat night sug- gested the propriety of the mayor's unfurling the Ameri- can flag, and calling upon all who were willing to sustain the civil authority to rally under it, that our strength might be ascertained. The suggestion was not adopted. On Saturday morning called at the mayor's office, where I had been but a few minutes, during which time Mr. Hunt was talking over the occurrences of the previous night, before any suggestions were made as to the proper or best course to be adopted, Messrs. Willey and Buchan- an came in, and were, as well as myself, informed by the mayor, that a number of individuals ftom the different wards had been invited to meet at the City Hall, and re- quested to attend, as he would, in a great measure, be go- verned by the decision of that meeting. Mr. Willey then recommended a resort to fire-arms, I was of a different opinion, and thought the riot might be suppressed by other means, (this, I believe, was the first knowledge the mayor had of my opinion) I observed, that I recollected the mob of 1812, having been very seriously injured on that occasion, in rescuing a friend, (Mr. J. Zollickoffer) from the house in Charles street, and that I thought a re- sort to fire arms at that time by those in the house, had a very prejudicial effect. The meeting as contemplated by the mayor was held, and the resolution as stated by Mr. G. W. Read, was submitted by that gentleman, an amendment to which, was offered by, I think, Mr. John Scott, after very considerable debate. I offered, as a sub- stitute, the resolution which was adopted, not having a copy of this resolution 1 cannot pretend to say what was its precise phraseology. This resolution 1 stated, when 56 I snbmilted it, was for the purpose of conciliating all par- ties, which its adoption appeared to do, as offered, it nei- ther provided for "batons," "rolling pins," or "clubs." This meeting adjourned with an und( rstanding that from one thousand to tw;'lve hundred citizens would assemble between five and six o'clock, and enroll themselves in support of the civd authority. Had this number, or any near it, attended, and performed the duty contemplated, I feel confident the destruction of property would have been prevented, and the loss of lives which occurred, would not have happened. The number who assem- bled, however, was very small, not exceeding two hun- dred, part of whom were mounted on horseback, of ihis small force the best disposition was made, and the proper- ty of Mr. Johnson protected. Mr. Glenn's house was attacked, and I think might also have been protected, had the number who assembled at the square been greater, that a portion could have been detached for that purpose, as it was, none could be spared, except a very few of the horse-men. Shortly after I arrived in the square, I met Mr. J. Thomas, navy agent, with side-arms, under con- siderable excitement, I remonstrated with him upon the indiscretion of appearing with side-arms, contrary to the arrangements which had been determined upon, Mr. Thomas, 1 believe, continued in the square but a short time, as I did not see him after the attack commenced. I remained in the square, discharging what I conceived to be my duty, as one of the aids to the mayor, until a late hour, and then retired to ray own dwelling. I take this occasion to deny, in the most positive manner, having been the private counsellor of Mr. Hunt, he knew no- thing of my opinion until made known as hereinbefore stated. I yet believe had the number of citizens promis- ed, assembled, the destruction of property would have been prevented, and the loss of many innocent lives would not have happened, nor the widow and the orphan have to mourn the loss of husband or father, that this opinion was not the result of a fear to meet the emergen- cy if necessary, may be deduced from the fact, that though my person and property were threatened, and my family and neighbors much alarmed for the result, I did not de- sert my post, or leave the city, but remained actively en- gaged throughout the whole of the disturbance, in en- deavoring to arrest its further propress, after the proceed- 57 ings of Saturday night and Sunday morning, I thought arms should be resorted to, but these ©nly by being placed in the hands of" a force duly organised, that the disaffected might be intimidated, and the sacrifice of hu- man life avoided. At no time before Sunday noon do I believe the military would have responded to a call for their services. On Sunday, August 9th, I repaired to the mayor's of- fice about 9 o'clock, A. M. for the purpose of reporting myself for duty. I found the office closed, and thence proceeded to the dwelling of Mr. Hunt, on my way, I was joined by J. Nelson, Esq.; when we arrived at Mr. Hunt's, we found the mayor, Mr. G. W. Read, J. Blair, Esq. and several other gentlemen present, and were shown by Mr. Read, the proclamation subsequently issued on the same day, by the mayor, after a very cursory and par- tial reading of it, as I understood it to be shown to me, not for consulta'ion, but as the result of a previous de- termination, I observed, that if permitted, i would sug- gest an amendment, the insertion of the following words, after the word "disposed" "except such as may be en- gaged in aiding the civil authority," saying, "that I pre- sumed the civil authority intended making an effort to re- store quiet." Mr Nelson then suggested the use ofsome one word for another to prevent tautology. This procla- mation when shown to me was not signed, nor did Mr. Hunt ever consult me about it. I subsequently, on the same day, suggested to Mr. Hunt, the propriety of his appearing among tlie people, and trying what could be done; he expressed fears for his personal safety,! thought there was no danger, and offered to go among the peo- ple and endeavor to ascertain their views, I did so, and was firmly fixed in my opinion that no personal violence would be attempted, I returned and so stated to Mr. Hunt, it did not appear to alter his views, l was at his house several times during that morning. Mr. Hunt nev- er intimated tome his intention to resign until the mo- ment he handed me his written resignation, a few mo- ments before I presented the same to the first branch of the city council, on Monday afternoon, August 10th, 1835, between one and two o'clock. Between three and four o'clock P. M., being in front of Mr. Glenn's house, where I had been frequently during the day, there was a cousiderable crowd of several hundred persons look- 8 58 ing on, and some men and boys destroying Mr. Glenn's property, I entered into conversation with those around me, expressing ray great regret at the course pursuing, and censuring the conduct of those who were engaged, saying, "I believed a few determined persons might now put a stop to their proceedings, some of those near me, then stated, that they would aid in arresting the further destruction of property if duly authorized. I enquired, *-If I obtain the proper authority, will you aid me in driving them from the house," the reply was, "yes;" I then asked if there were any present who would accom- pany me to ihe residence of Judge Brice — two gentle- men present, replied, "they would," we then proceeded to Judge Brice's house, and I stated to him, that I had been among the people several times during the day, that I thought I could perceive a very evident change in their opinions since morning, and that I had every reason to believe, with proper steps, the further destruction of pro- perty could now be arrested, and that if he would give an order and authority, to call a meeting forthwith at Monument square, that enough could be got together to quell the riot; and as an evidence of our belief in this opinion, these gentlemen and myself were ready to try the experiment. The Judge then commenced a censure upon the conduct of Mr. Hunt, and charging myself and others as being his advisers, and stating, holding in his hand a proclamation signed by the mayor, that he found me at Mr. Hunt's that morning, advising its issue*, I stated to the Judge that he was wrong, that he did not find me at Mr. Hunt's that morning, that he and myself went there together, but that it was a matter of no consequence, that our object now, was to quell the riot. The Judge observed, "give me a certificate that Mr. Hunt has de- serted his post, and I will act," I replied, "that I could not do so, all I could say, was, that I had looked for Mr. Hunt, and could not find him." Mr. Brice's brother then came into the room, saying, "there was a creat number of the mob approaching the town, part from Howard's Park, and part from Federal Hill." This statement I ridi- culed — the Judge then left the room, and Messrs. Bran- nan and Whitaker, and myself, left the house. 1 was in front of Mr. Johnson's house that night, several thousand persons were present and appeared either to sanction the destruction of property or to be very indififerent about it; 59 1 do not think there were more than fifty engaged in work at any one time. I was also in front of Mr. Morris' house, there were not as many there as had been in front of Mr. Johnson's. No efforts were made at either place lo arrest the work of destruction. On Monday morning, August 10th, 1835, between 8 and 9 o'clock, Mr. Thomas N. Locke, called upon me, and asked, "if I did not think, if the firemen could be got out, and paraded in aid of the civil authority, the su- premacy of the laws would not be established". After some conversation it was agreed upon, that we would make the effort; we then saw Mr. Moore, President of the New Market Fire Company, Mr. C. M. Keyser, Pre- sident of the Liberty. J. K. Stapleton, President of the Mechanical, and several others; and appointed a meeting for each company, to take place at 12 o'clock, M. These meetings resulted in a general turn out of the fire com- panies. While engaged in calling upon the Presidents of the different fire companies, and ordering out my own, Mr. Locke asked, "if I had heard that Mr. Hunt intend- ed to resign," I replied,'! had not, and hoped, such was not the fact, that it would place me in an awkward situ- ation, for, as President of the First Branch of the City Council,! would become mayor, until a new election." He then enquired,' what will you do,if such should prove to be the fact?' 1 replied, 'that if nothing else will do,! will take ahor8e,and ride from door to door, calling upon the citi- zens to turn out and support me! the mob must be put down." ! immediately proceeded to the mayor's office, and stated to Mr. Hunt what ! had heard, 'that ! hoped it was not true,that all difficulty would soon be atan end, that the firemen would turn out and support him, and that with such a force he had nothing to fear,' he asked rae, 'if I thought they would,' I told him, '! had no doubt of it,' he then said, 'he had no notion of resigning.' !t being now about 10 o'clock, and the City Council being called to meet at that hour, I proceeded to the Council Cham- ber. The proceedings of that body are before the com- mittee, as given in evidence by Mr. Ridgely, while the committee were preparing their report, I left the Council Chamber to preside as President of my fire company, a distance of about three quarters of a mile, and returned previous to the adjournment, after which, coming down stairs, I saw Mr. llunt requesting the members to return. • 60 and as I approached him,he desired me to retire with him to a room, I did so, he then informed me that he had been grossly insulted in his office — that he thought the only way to restore peace and quiet was for him to resign, as the people appeared to have lost confidence in him — I ex- postulated with him upon the impropriety of this course, repeating, 'that the firemen would rally around him;and sustain him, and that all difficulty would soon be over;' he observed, 'that my thus urging him not to resign was only a furtherevidence of my friendship for him.' I told him, 'that in addition to that, I was satisfied that it was best for him to continue, that he was the choice of the people, had been elected by a large majority ,that I would be to them a stranger, accidently thrown into the situa- tion in consequence of oeing president of the first branch of the city council,' and solicited him not to resign, with some agitation, he then threw his resignation on a table and left the hall, I returned to the council chamber and read the resignation. I then left the chair and went into the mayor's office. Answer to third Interrogatory. It was generally ru- mored for several days before the riots commenced, that combinations were forming in the city for the purpose of breaking the public peace and of destroying- the property of citizens. Answer to fourth interrogatory. I know of no other measures being adopted by the public authorities to pre- vent the formation of the mob, to disperse it, to prevent, or to stop its violence, except those stated, in answer to the 2nd interrogatory, and as hereafter stated. Answer to 5th interrogatory. For an answer to this interrogatory, I respectfully refer to my answer to the second. Answer to the sixth interrogatory. It was generally reported and believed that the mob designed to destroy the property of other persons, my own was threatened. It was quelled by a general re action in public opinion — the turning out of the firemen, and the meeting at the Exchange. The same causes and means had they been called into exercise earlier, I have no doubt would have produced the same results. 61 Cross interrogatories by Mr. JOHNSON. 1st. Did you know^ that fire arms were used on Saturday evening? ani if so, did you know by what authority they were used, and did you at that time censure or approve of their use? 2d. Do you believe that when arms were used on Satur- day evening the property of R. Johnson could, under the then state of things, have been otherwise saved on that evening from injury or destruction? 3d. Did you understand Mr. Reed to have shown you and Mr. Nelson Uie draft of the Sunday proclamation only that you and Mr. Nelson, or either of you, should correct its phraseology and guard it against tautology? Whatever may have been the reason with whicii it was sliown to yourself and Mr. Nelson, did either of you disapprove of it:* and if you did, did you state your disapprobation to Mr. Reed or to any one else on that day? and if to any one else than Mr. Reed, name the person? 4th. Understanding on the Saturday evening that arms were used by the order of Judge Brice, with the sanction of the mayor, and having yourself aided in obtaining arms to be used, can you state why you did not disapprove of the proclamation of Sunday? 5th. Have you ever said in conversation with any body since the restoration of order in the city of Baltimore, "that General Smith wished to back out of the responsi- bility he had assumed in his efforts to restore order, and that you had great difficulty in keeping him to his post?" 6th. Have you any knowledge that any one engaged in defending the peace of the city on that night lost his life by the use of fire arms? Answer to 1st cross interrogatory. I know that fire arms were used on Saturday evening by the authority of Judge Brice, having assisted in delivering them as aid to the mayor, undsr the direction of the civil authority. Do not recollect whether I did or did not censure their use; recollect observing to some person that one hundred stand of arms had been issued, not more than twenty- five re- mained in the square. 2d. From the representations of many who were around the judge and mayor, I did believe, under the then state of things the property of R. Johnson could not have been protected without the use of fire arms. 62 3d. I did not understand the proclamation was intend- ed to deny Mr. Hunt's knowledge of the use of fire arms. My impressions at the time were that it was shown to Mr. Nelson and myself as the result of a conclusion pre- viously determined upon, and therefore did not peruse it with that attention I other wises hould have done. I had been up nearly the whole of the two preceding nights, had just passed through a greatly excited assemblage of people, was much exhausted, and under considerable anxiety about the state of affairs, and paid very little at- tention to the proclamation. My attention I presume was more particularly directed to the latter part of it in con- sequence of having in constant view that renewed efforts should be made by the civil authorities to arrest the pro- gress of the mob, as evidence of which I refer to the amendment I suggested, my subsequent remarks to Mr. Hunt, my call upon Judge Brice on Sunday afternoon, and urging the adoption of measures to suppress the riots, and my being almost constantly in the midst of the different assemblages, endeavoring to stay the tumult. 4th. The proclamation was not shown to me for my approbation or disapprobation. 5th. After I assumed the oflSce of mayor, Gen. Smith was sent for by me. I informed him that 1 was happy to hear that he had offered to head the military in suppres- sing the riots. He answered, "I am an old man, in my 84th year, I hold no commssion, and you had better send for my son." I have stated that I thought Gen. Smith did wish to back out, but I have no recollection of stating that I had great difficulty in keeping him to his post. General Smith, in a subsequent conversation with me, stated that when he came to town and acted as chairman to the meeting at the Exchange, he had said that the mob could have been ^put down with 25 or 50 muskets, but that now he thought he was mistaken. 6th. He has not. Cross interrogatory by Mr. McMAHON. Did you not know when the proclamation of the mayor was handed to you by Mr. Read and read over, and an amendment of it suggested by you, that the purpose of the proclamation was to relieve the major from the re- sponsibility of having authorized or sanctioned the use of fire arras on the preceding evening? or at least did 63 you not by that reading of the proclamation, know- enough of its contents to believe that it would bear that construction? Answer. I did not. Interrogatories by Mr* ELY. 1st. What was the general purport and tendency of the address of Mr. Preston upon the occasion alluded to in your answer to the 2d interrogatory in chief.'' 2d. If the corporate advisers of the mayor had been called together by the mayor antecedent to the com- mencement of the riots, do you not believe they would have devised some plan for the prevention of the subse- quent destruction of property.-* 3d. Have you any knowledge of the number of per- sons who lost their lives by the use of arms during the said riots? Answer to 1st. It was addressed to the assemblage. I was some distance from Mr. Preston when he spoke; its general tendency was to conciliate. It understood him to say it would be well enough to wait until they heard from the Chancellor, or something to that effect. 2d. I believe that similar measures would have been adopted as were adopted, judging from the proceedings of the lOth of August. 2d. I have not. James R. HAYMAN, being sworn, answers— Ist. I am a citizen of Baltimore, a tobacconist by trade, and was in the city of Baltimore during the month of Au- gust 1835, and during the three days in question. 2nd. I saw the proceedings of the mob on 'I'hursday evening, I was at home with some friends, when a neigh- bor (a little girl) came in, and stated that they were tarr- ing and feathering Messrs Johnson and Glenn, in Mon- ument square; 1 immediately proceeded down to the square, where there was a considerable crowd of persons assembled, generally in squads, and discussi.ig with great emphasis the failure of the Bank of Maryland, and inci- dents connected therewith; staid there some moments and walked down street and returned again, do not recollect the hour, but found the crowd dispersed. On Friday evening, called at a friend's house, and found several per- sons there, we all proceeded to Monument square, where 61 a dense crowd was collected, stones were occasionally thrown at the house, found the civil authorities organ- ized on the ground, and the great body of those collected, vehemently discussing the all-engiossing subject of the incidents connected with the i3ank of Maryland, their feel- ings appeared to be mjch excited, heaid several individ- uals epdeavoring to convince those with whom they were conversing, of the innocence of Mr. Johnson, and ob- served that such discussions only served to irritate, and were generally met by some question as to the conduct of the directors or trustees, and if a further att.-mpt was made to explain, the persons explaining were denounced ?is being interested, or some such charge. Observed Mr. Hunt endeavoring to dissuade the people from further vio- lence, lost sight of him, and almost immediately, observed him on the porch of the hotel, endeavoring to speak to the crowd, who appeared little inclined to hear him, was pre- vented from hearing myself, by the incessant clashing of glass and shouts of the multitude. Gen. Jones then attempt- ed to address them, but met with an almost similar fate. Re- turned home, and retired for the night, remained at home on Saturday till nigiit, then walked down near the square, found it guarded, turned off and walked about to different parts of the city adjacent to the square, untd 1 heard that the mob were breaking into Mr. Glenn's;vvent up to Charles street and found them lireaking down tlie door of the house, saw nearly all the furniture destroyed, calculate the number of persons engaged at about 150 or 200, not including those in the street, who were inactive, and appeared to approve the measure — walked about till near morning, saw several of the mob who were shot by tiie guards, and the general transactions of the night and morning. Sunday morning, walked about the city, and found that the people were more than ever excited, many persons who would not declare an opinion before, now spoke boldly, declaring that if inno- cent men were to be jnurdcred to protect the property of a gang of thieves, we liad come to a fine pass — remained dur- ing the day in the city, and about half past seven, passed down through the square and found nobody in it, returned in half an hour and found an immense crowd, and immediate- ly after, the house was attacked, saw most of the furniture burned, took my station on the high porches immediately opposite, had a full view of all the proceedings, and esti- mate those actively engaged at about one hundred, and those 65 approving at about 2,000, went fiom there to Mr. Morris' but had no opportunity of observing on account of the den- sity of the crowd; went home and retired 36. It was believed by me that there would be a riot, and genei*ally by those witii whom I conversed, believed so, from the fact of persons assembling before Mr. Johnson's house, night after night, was satisfied that they must have had some motive for so doing, and could not think from their conver- sation that they had any other object in view but violence to those against whom they seemed to be excited. Have no knowledge as to tlie information in possession of the civil au horities. 4th. 1 do not know of any measures taken by the civil authorities except to guard the square, and the efforts made by Mr. Hunt on Friday evening with the watchmen and the other \jo\ice ofiiccrs. 5th. I do not believe that the authoriiies civil or mili- tary, had the means to disperse the mob before Sunday evening, and even then I am inclined to doubt the prac- ticability of entirely sup})ressing it, but believe it might have been partially controlled. Do not believe that the civil authority exercised the power it possessed at that season, for reason, that on Friday evening, he chanced at the house of Judge Brice, when A. Miltenberger was there, requesting the Judge to call a meeting of the cit- izens; this the Judge positively refused to do, unless furnished with a certificate that Mr. Hurt had deserted his post; charged General Miljenberger with being an adviser of Mr. Hunt's, and declared that it was all a po- litical scheme, and when importuned by a gentleman unknown to me, to give the necessary authoiity, he again refused, stating that he had not been before con- sulted, that he had no fear for himself, that he could pro- tect his own house, and let others do likewise. 6th. When the mob was quelled, many persons believed "that it had designed to destroy the property of other persons. It was quelled by the change of the current of public opinion, when I went to the exchange for the purpose of uniting to put it down, found persons who had been loud the day or two previous, in their cen- sure of Messrs. Glenn and Johnson, now disposed to lend themselves to suppress further proceedings. I be- lieve that if the same current of feeling could have been aroused at any other time, it could have been put down, but not without. 9 66 Question propounded by Col. Ely. You have stated that you saw some of those men who had been shot by the guard, what number of persons did yon see in that condition? Answer. Five that were wounded, two of them mor- tally, one named Wolf, and the other named Murphy. Cross interrogatories by Mr. JOHNSON. 1st. Will you give your answers as originally prepared, and which you say you wish to correct from what you have heard since you were before the committee? 2nd. At what hour did you retire to your home on Sa- turday and Sunday nights? 3d. In whose company were you on Saturday evening when you were at Mr. Glenn's house? 4th. In whose company were you on Sunday when you went to the jail? 5th. In whose company were you when you were at Mr. Johnson's housed 6th. Whom did you go to the jiil on Sunday to bail? Did you aid in defending the city from the rioters on either Friday, Saturday or Sundaj? And if so — What post, and under whose command were you on Saturday Evening? 7th. You saw, you say, a man named Wolf shot during the mob? At what place was he shot; and where did you first see him? 8lh. Who was Delavel whom you wen) to bail? Was he in your employ? And if not — Why did you wish to bail him? Answer to 1st cross interrogatory. I decline to give my answers as originally prepared. 2nd. I retired to my home between 2 and 3 o'clock on Sunday morning, and about 1 1 o'clock on Sunday night. Sd. I was alone. 4th. I was with Mr. Vansant. 5th. I was with Mr. Frederick J. Dug-an. 6th. I went to the jail to bail a Mr Delavel. I did not aid in defending the city from the rioters. 7th. When I saw him he was lying at the corner of Crooked lane and Fayette street. 8ih He was a neighbour of mine, but not in my employ. I wished to bail him because of the great distress in which bis family waa. 67 JOSHUA V ANSA NT being sworn, answers — 1st. I am a citizen of Baltimore, and engaged in the manufacturing of hats, and was in Baltimore during the month oi August, and onthe 8th, 9th and lOth of that month. 2d. I was at Monument Square on Thursday, 7th day of August, at 9 o'clock P. M. and saw a large assemblage of persons, and heard the mayor of the city addressing them, calling upon the same to support the laws, and to sustain the honor of the city. I witnessed no acts of vio- lence during my stay at the square, which was about noe hour. I was at the house of Mr. Glenn on the 9th of August, and saw 20 or 30 persons breaking window frames, battering down the walls, and destroying such parts of the house as appeared most easy of destruction. When I first visiied the scene, which was about 11 o' clock A. J\I. the number of persons probably amounted to 1000. I left the same at half past ! 2 or 1 o'clock P. M. and returned to the same at half past 2 o'clock P. M. the number of persons at that period amounted to at least 3000, the work of destruction still going on. Most of the witnesses of the scene were silent. On several oc- casions and in different parts of the assemblage of spec- tators I expressed my disapprobation of the riot, and au- dibly enough to be heard at the distance of ten feet. A few persons accorded with me in opinion, and to that ef- fect expressed their sentiments; others muttered their complaint against Mr-. Glenn and others connected with the Bank of Maryland, but the multitude were silent spectators. On one occasion I witnessed a youth of about 17 years coming from the direction of the back entrance of Mr. Glenn's house with a large book; standing on « UIBRARV OF CONGRESS nnnBPi^^^"' ^