«4nfi CooMrvfltion Remiirces ^V«#A^ ^•mynm^^ ^^^^ F 189 .Bl Mza Copy 1 THE REPORT OF AND TESTI310NY "" .'^Ij TAKEN BEFORE THE OP THE SENATE AND HOUSE OP DELEGATES OP MARYLAND To which was referred the memorials of John B, Morris^ Reverdy Johnson and others^ praying indemnity for losses sustained hy reason of the Riots in Baltimore^ in the month of August f eighteen hundred and thirty five. PUBIilSHBED BY ORDEIR OF THE G BNlCRAIi ASSEMELY ahvafolk: WILLIAM M*WEIR, PRINTER, By the House of Delegates, January 2Gth, 1836. Gentlemen of the Senate: We propose with the concurrence of your honorable body to appoint a joint committee of the two houses to consist of nine members, to consider and report upon the memorial of the sufferers by the late riots in the city of Baltimore. We have named Messrs. Merrick, Pratt, Ely, Travers, and Wharton, to join such gentlemen as may be named on the part of your honorable body to perform this service. By order, G. G. Brewer, Clk. By the Senate, January 27th, 1836. Gentlemen of the House of Delegates: We have received your message of the 26th inst, pro- posing a joint committee of the two houses to consist of nine members to consider and report on the memorial of John B. Morris, in relation to the late riots in the city of Baltimore. We have already appointed a committee con- sisting of Messrs. Mayer, Sappington, Groome, Claude and Page, and they will join the gentlemen named by your honorable body to consider and report on the mat* t«r presented by the said memorial. By order, Jos. H. Nicholson, Clk. RBPOET. The Joint Committee of the Senate and House of Dele- gates to whom were referred the memorials of John B. Morris, Reverdy Johnson and others, have the honor to report, that on the 19th day of February last, a letter was addressed by their Chairman to the Mayor of Balti- more, a copy of which is appended to this report, to which no answer has yet been received. That at the instance of the Memorialists subpcsnas were issued for Ebenezer L. Finley, Joseph Willey, Henry S. Saunderson, Thos. Carroll, John Thomas, Dr. Nathan R. Smith, John Kit- tlewell, Dr. Ashton Alexander, William H. Norris, Co- lumbus O'Donnell, Joshua M. Turner, James Maguire, Frederick Tensfield, John Tensfield, Elias Brown, Wil- liam Devere, James M. Buchanan, Henry Myers, Shep- pard C. Leakin, Alexander Cheves, Dr. Wm N. Baker, Samuel Hunt, and Caleb Owings, who attended as wit- nesses in support of the memorials, and were publicly examined under oath by the Committee, their testimony reduced to writing and is appended to this report; upon a careful consideration of which your Committee submit that it is clearly proven, that the laws of the State have been openly and violently set at nought, and the rights and property of her citizens, the Memorialists and others violated, trampled on and destroyed, by a tumultuary and riotous assemblage of men, in the heart of the popu- lous and powerful City of Baltimore, and (hat this dis- graceful state of things was permitted to exist for several days together, particularly on the 7th, 8th, 9th and 10th days of August last It is proved that the public authorities of the city and the citizens generally, were well and in time, apprized of the approaching tumult; and possessed abundant means to have prevented the assemblage, or at any time to have quelled and dispersed it, and to have saved from injury the property of her citizens. The conclusion is irresistible that Baltimore has fail- ed to perform the duties she owed to members of her own community, to her own honor as a city, and to the State of Maryland. The Committee are far from design, ing to cast this censure upon the citizens of Baltimore individually. Doubtless many high-minded and patriotic citizens burned with desire to prevent the shame of the city; it is in proof before us, that many individuals did meritoriously exert themselves, foi the preservation of order; and the Committee is persuaded that a large ma- jority of the citizens regretted and condemned these out- rages. But the duty of a citizen is not discharged by vain wishes, or by fruitless regrets. At the last, in the hour of its greatest power, flushed with success and fraught with new and nefarious enterprizes, the mob was subdued and utterly dispersed without extraneous aid, by a voluntary movement of the citizens and a display of power which was at no time absent from the city. This might have been done at any time; that it was not done, was a lamentable failure of duty. The dark transaction began and ended in the city, and the Committee do but echo public opinion, in charging the offence upon that community: an offence which has deeply affected her character and credit, and reduced the value of her pro- perty. Some of the active rioters have been made to answer criminally; but from the evidence before us of the multi- tudes concerned, there is no doubt but by far the largest portion has escaped with perfect impunity; and it is cer- tain that the escape of niuhitudes who have indulged and glutted the base lusts of rapine, malice and revenge^ will be more powerful to tempt, than the punishment of the few can be, to deter from similar outrages, in future^ Stronger measures are necessary, and in the judgment of your committee, it is expedient at once to set an example by, and carry out in perspective legislation, provisions that will connect the interest, of any tax- payer at least with the support of the laws, and demon, strate to the disorderly and malicious, that those whom they would make victims of lawless wrath, are under the broad shield of indemnity, from which their blows may glance with injury to themselves, or their friends- At present the citizens who have been injured, remain wholly unredressed; and can look for redress only to the justice and power of the State, represented in this Gen- eral Assembly. It is not the first time that the peace and dignity of the State have been wounded by a mob. and had the Legislature been then aroused to the neces- sity of connecting with every public duty, an appropri- ate responsibility; had provision then been made for re- dress through the courts of justice to every citizen, for injuries sustained through the delinquency of any pub- lic functionary, corporation or community, we should probably not now be called on to deplore and redress these outrages. Improvident legislation is then in some sort the cause of these disorders. In this the State herself is not free from blame, and Maryland can suffer no blemish on her honor. But while the State at large may not be wholly free, from the censure of having allowed these evils, by a two confident reliance upon the strength of her people's attachment to order and law, there vrould be little jus- tice in subjecting to the consequences of these disorders those, who residing in the remote quarters of the State, partook not in them, equally with those who were active agents or passive observers of them, or who feebly as- serted or weakly betrayed the supremacy of the laws. Under these circumstances, it is a source of satisfac- tion to the Committee, that there exists a mode by which, without raising doubtful questions, complete re- dress may be made to the sufferers, from a fund annually by 'he bounty of the State, devoted to the use of the City of Baltimore; a fund, which the State has the un- questioned right to give or to withhold, or to grant upon such terms as she may think proper to prescribe. The Committee entertain the conviction that it is the interest, and should be the pride of every community to manifest and make clearly known, that within her bor- ders, no man can be harmed in person or estate without full redress, unless by the verdict of his peers and the law of the land; and the hope is cherished that the local authorities of the city of Baltimore will desire to use the power we propose to confer upon them, of making this iademnity the voluntary act of the city. But it is incumbent on the State of Maryland at all events to take care that her citizens shall not suffer unredressed. Your committee have accordingly reported a bill to meet the case which has occurred; and they have re- frained from offering a bill of general prospective cha- racter, only because they are aware that a standing com^ mittee of the House of Delegates, already has been charged with the consideration of the recommendation of the Governor on that subject. Respectfully submitted, WM. D. MERRICK, Chairman. Jos: H. Nicholson, Clk. INTERROGATORIES. In the matter of Ileverdy Johnson, John B. Morris and others, by memorials claiming indemnity for proper- ty destroyed by rioters in Baltimore, in August, 1835. Questions to be propounded by the committee to wit- nesses produced and sworn on the part of the Memori- alists. Question 1. Are you a citizen of Baltimore? What is your business or general occupation? ^ere you in the city of Baltimore during the month of August, 1835, and particularly on the 8th, 5th and 10th days of that month? 2. Did you see the proceedings of the mob or any and' what of tht;m? fFhat number of persons appeared to compose the mob or openly to countenance arid encour- age it? 3. Was it generally known or apprehended by the ci- tizens, and on what grounds and particularly was the ci- vil authority or police of the city aware that a combina- tion was forming in the city for the purpose of breaking the public peace and of destroying the property of citi- zens? 4. rrhat measures were adopted by the public autho- rities to prevent the formation of the mob, to disperse it, to prevent, or to stop its violence? 5. Had the authorities civil and military of the city, means by which the mob might have been prevented from assembling or dispersed or restrained from destroy- ing the property of the memorialists and others, what were those means, and were they exercised? 6. When the mob was finally quelled, was it general- ly understood, reported and believed that it had designed to destroy the property of other persons? By what means was it quelled? Might not the same means or oth- ers of equal effect have be«n called into exercise at any stage of the vioieiice? TESTIi^IONY. John Thoir^as being stcorn, answers: To the 1st interrogatory. He is a citizen of Baltimore. He is Navy agent lor the U. S. on the Baltimore station. He was in Baltimore on the 8th, 9ih and lOth Jays of August, 1835. To the second intci rogatory he says, that he was a witness tj the proceedings of the mob; that the number o( persons supposed to compose the mob, cembining with it others who were not considered a part of it, would amount to some thousands. The only part of the pro- ceedings of the mob he saw, was in relation to Mr. John- son's house, by the breaking of glasses in the windows of his residence, this occurred after dark on Friday night. To the 3J interrogatory he says, his impressions are, it was generally known and so apprehended by the citi. zens, several days before the violence took place. The civil authority must have known the fact. On Saturday he was infoimed that the Mayor desired that the citizens should assemble at the Mayor's office to form a band ot constables — on being so informed he answered very well; and pray what is the object.'' The answer was, it is for the purpose of taking measures to protect the house of Rlr. Johnson, Allow me then to ask of you, what nceas- ures are proposed.'' It is our intention, was the reply, that we should assemble there in the most peaceful man- ner, bearing in our hands batons er turned pieces of wood as means of defence. This deponent remarked that he would not be one of the party, unless there was an arm- ed force upon which to fall back if we could not main- our position. He repaired to the Mayor's office, he got there just at the moment of the breaking up of the meet- ing, and in time to ask if any and what measures had been taken for the defence of Mr. Glenn's house. The Mayor recognizing his voice, called this deponent to him and said "I am glad to see you, will you stand by me to night.'" He answered, *'yes — provided 1 am al- lowed to defend myself in ray own way." To which the Mayor answered "certainly." This deponent im- xnediately went home and put on his side arms, with 11 which he went to Monument square, — arriving there he was met by Mr. Miltenbergcr, who complained of this deponent's want of discretion in being armed, as it would be in the light of an invitation to the mob to attack, — to this, this deponent answered, "I have acted according to my views of discretion, and I will leave you to act ac- cording to your views of indiscretion i Question by the Chairman Was Mr. Miltenbergcr a member of the City Council? Ans. He was President of the First Branch. To the 4th interrogatory he S3ys — He has no knowl- edge of any measures adopted by the civil authorities to prevent the formation of the mob — but to disperse it and to prevent or stop its violence, the measures resorted to were by putting into the the hands of citizens a turned peice of wood not more than twenty four inches long, and made either of white pine or poplar. The number of citizens into whose hands these pieces of wood were placed, varied according to the opinion of this deponent, from one to two hundred. To the 5th interrogatory he says — That the civil au- thorities by requisition had, as he thinks, ample means by which the mob might have been prevented from assetn- bling, and that it could have been dispersed and restrain- ed from destroying the property of the Memorialists and others, if resorted to in due time. In the o{)inion of this deponent, a company of infantry one hundred strong could have put down that mob. Question by Mr. Merrick. Have you any knowl- edge that the civil authorities made any rt^quisision for the military? Ans. He has no knowledge that any such requiiition was made. To the 6th interrogatory he says, — It is the impression of this deponent that it was the design of the mob to des- troy the property of persons other than those who had been attacked — that it was quelled and put down by an armed force raised in the city, and that the same menns by which the mob was put down had they been resorted to in due time, would have prevented the destruciion of the property of the memorialists. This deponent be- lieves that the mere array of an armed force would have been sufficient at any lime to suppress the mob. 12 William H. JVorris being sworn, answers: To the first interrogatory 1 say, 1 am a citizen of Baltimore, an attorney at law, and was in the city on the 8th and most of the ninth of August. To the 2d. I answer, I did see the proceedings of the moh until the afternoon of the 9th: The operatives of the mob could not have exceeded three hundred. The number countenancing their mischief, your deponent cannot pretend to approximate by any estimate. 3d. To this query, I answer, that the civil outrage was apprehended by the citizens generally and by the civil authority, especially from anonymous letters, and publicly posted placards and general rumour. 4th. I answer to this query, that a guard of citizens, armed with short wooden batens, was summoned on Saturday afternoon. 5th. To this question 1 answer, the means were ample; one hundred armed men would have sufficed to prevent, or arrest the mob without a drop of blood-shed. These means were unused, despite the plainest indications of their necessity. 6th. It was generally understood that the intention of the mob was to destroy the propert}' [of other persons. The mob was quelled, by an appeal to arms made by General Smith and promptly responded to by the citizens — Instantaneously, all was orderly and tranquil. The same means at any stage of the violence would have had the same effect. WILLIAM H. NORRIS. I am acquainted with most of the witnesses who have testified, and belive them as capable, if not more so than any others who could be assembled before this commit- tee to detail the truth of the matters inquired into. I speak this with referenee to their opportunities of judg- '^" WILLIAM H. NORRIS, 13 Dr. Nathan R. Smith being sworn, answers — "^ 1. I am a citizen of Baltimore, Professor of Surgery in the University of Maryland, practitioner of Surgery and Medicine, was in Baltimore during the whole of August 1835. 2. I first saw the proceedings of the mob on Saturday, the 8th, at 7 o'clock, P. M. when, in obedience to a re- quest from the Mayor, communicated by Dr. Baker, Jr. 1 mounted my horse, and joined a squadron then forming on monument square for the preservation of order. I was directed to take no arms but a stick, and was placed under the ordt rs of Major Finiey. Being stationed wi^h a detachment at the corner of Market and Calvert streets, between 8 and 9 o'clock, in obedience to orders, I with others charged upon a throng of riotous persons and spec- tators who manifested a disposition to break in "jpon the square. A scene of violence and confusion ensued — some of my companions were knocked from their horses with stones and clubs The streets were now barricaded by the mob, and from behind these defences stones and clubs were showered upon us. It soon became manifest that, without arms we could make no effectual defence. Arms were demaded; some obtained them, from what source, or by what authority, I know not. I saw fire- arms used at the corner of Market and Calvert, and the mob quickly dispeised from that point. Most of the horsemen left the scene of action early, either because of hurts received, or because arms could not be procured. I continued on horse-back till near 12 o'clock, and was occcasionally employeu in charging upon the mob. I saw the rioters in Glenn's house ef- fecting its destruction. Our last charge was made upon a throng that filled tiie street in front of Glenn's house. I there received two severe contusions and leapt the bar- ricade with difficulty. Being unfit for further service, I went home, but was engaged, during the remainder of the night, in administering to wounded rioters, ten of whom were brought to my house. One died in my oflBce, and one left it in a dying state. With possibly one exception, they appeared to be persons who had been engaged in the riot. They vomittd wine and were co- vered with feathers. 1 saw the work of destruction going on in Glenn's house on Sunday. Early on Sunday night I saw the ri- 11 otcrs at work in destroying Johnson's houso and furni- ture, without opposition. Indeed it was understood that the city had been abandoned to the mob by the civil au- thority, and as a citizen of Baltimore, 1 felt that the arm of the law no longer protected my life or property. As to the numbers of the mob, thousands were in the streets, but the active rioters were only one or two hundred. 3. The whole city had sufficient premonition that a liot was impending for several days before it occurred, and that the lives and property of citizens were in dan- ger. 4. To prevent and suppress the riot, the authorities of the city assembled many citizens, and armed them, with sticks. Many others refused to act because not adequate- ly armed. 5. The authorities of the city had ample means to suppress the mob, and had they placed one hundred stand of arms in the hands of those under orders, and had they publicly announced that the rioters would be fired upon, and had all peaceably disposed citizens been sworn to keep their houses, the mob would have been prevented and not a drop of blood shed On Sunday, none were authorized to use arms and this being an- »iounced publicly, by the Mayor, the mob assembled that night without fear of molestation. The 5th interrogato- ry is partly answered above. 6. Before the riot was quelled, it was well under- stood that a list of proscribed was made out by the riot- ers and that the houses of many citizens were to be at- tacked on Monday night. My own house was threat- ened. A rnan came to my house on Sunday morning by day break, and offered one of ray servants five dollars for information as to my movements the night before. G The mob was finally quelled by a spontaneous as- semblage of the citizens at the Exchange, (not called by the civil authority as far as I know) on Monday, when it was resolved to arm. I attended the meeting — march- ed with them to the Park and back to the City Hall. Arms were distributed, guards organized and violence ceased. The same means would undoubtedly hare succeeded in quelling the mob at any moment of its progress. 15 John Kettleiodl being sicorn^ Jinswei» — I am a citiz!.'n of Baltimore,, engaged in mercantile pur suits, and was in tlie city of Baltimore on llie 8lh, 9lh and 10*h days of August. In answer to the interrogatories which the committee have propounded, I would respectfully request that I might be permitted to aller the order in which they are arranged; so that in giving; a narrative of the circumstances which came to my knowledge, it may he done in proper detail as they occurred — this being granted, I should commence with the 3d interrogation, and an- swer, that a civil rupture was anticipated by the citizens of Baltimore, some days previous to its outbreaking, and upon the following grounds or causes. When I had last evening the honor of making a brief verbal detail to the committee, I stated that the unfortunate convulsion of some of the monied institutions of our city, combined with the consequent losses thereby sustained by the whole community, was the original or primary cause of the late riots in Baltimore. It was a shock that coming in troubled times, shook the com- munity to its very centre. In the stoppage of those mo- nied institutions, there were cases of pecuniary suffering well calculated to excite the sympathies of others, who were likewise injured, but more able to sustain it. These sympathies were improperly operated upon and directed by a lawless and tumultuary disposition. On the morning of the failure of the Bank of Maryland, there was a manifes- tation of this feeling; but suppressed by those who were deeply interested, representing that the funds of the Bank if not adequate to meet all its engagements, would certain- ly make a large dividen'i, and private fortune was also pledged to make up any deficiency. This smothered the feeling only, it was merely suspended. Subsequent events in the history of the Bank after its failure, added increased strength to this combustible material. The institution, it was discovered, or at least believed, was not solvent by a large amount. 1 he public were impressed with a belief that it had been bankrupt for a considerable period, and each investigation added fresh feeling to popular prejudices. An unfortunate misunderstanding took place between the gentlemen who were charged with the management and direction of the Bank. This altercation was distinguished for its vindictive character — the statements of each party were laid before 16 the public, sought after, and read with avidity. The con- troversy was carried ow in the warmest spirit of crimina- tion and re crimination. Charges of no complimentary cha- racter were exchanged with bitter hostility, until popular prejudice became |)ublic fury. Reason was confounded by contrary expositions. The subject absorbed the whole attention of those who had been suflferers, and excited the interest of the commu§ nity generally. There were not wanted persotis to supply the poison, until the gentleman who had the direction and management of the Bank seemed to offer in their persons or property, a fit sacrifice to appease what such delusion in point of result, conceived due to its wrongs. Here it would be proper to say, that this feeling was not perhaps more frequently found among those who had sustained loss, than it was with those who had suifeied none. The loss of (J5 created in some a feeling of ani- monisity, that was not discoverable in the mind of another who had lost thousands. At this critical period, when the match was only wanted to make the explosion, some person unknown to your deponent, ciiculated throughout ij'he community, anonymous letters of the most incendiary and inflamatory character; they breathed a spirit of destruction, and recommended an annihilation of law, that would have done credit to the most deter- mined Jackobin, that ever thirsted for blood or revenge: it preached the 1st revolution of France, that "death was the eternal sleep" — what he has stated, it is the im- pression of your deponent, caused the first collection in Monument square, to which might be added the placards that were plastered up in the high-ways and market- houses. They were known to the civil authorities, and consequently it is the opinion of your deponent, that they were aware of the formation of such a combination. Your deponent will now reply, as next in order, to the 5th interrogation. Pursuing the course which I have adopted of stating the events as they occurred to my knowledge, I shall give the efforts that were made by the city authorities to raise means, and the manner that those means were used to disperse and restrain the mob. The first exhibition to this efTort, which came to the knowledge of your deponent, was the call of the citi- zens in town meeting at the Exchrnge, which has been so correctly, substantially and minutely related by 17 Ml" Norris, as to make a repetition unnecessary by your deponent. It would be detaining the attention of the committee to no purpose. One circumstance as stated by Mr. Norris, so strongly illustrated the feeling of the people that it may not be proper to call your attention to it — I allude to the resolution offered by Mr. Thomas, from the Eastern part of the city, calling upon the TruS' tees to hand over the Books of the Bank, to the creditors. This was received with acclamation, and served to show what was the state of mind, even among those who had ostensibly came for the purpose of securing peace to our city, by the proper maintenance of the law. This meeting adjourned without coming to any de« cisive measures. On the same night, the evil disposed, assumed a more formidable attidude and a determination to continue the assault upon the dwelling of Mr. Johnson. Your deponent was a spectator of the scenes that fol- lowed upon that night, from a few minutes before Mr. Hunt had finished his address, up to the departure of the rioters, for dispersed they were not in the opinion of your deponent. When I reached the square, loud cries of a tumultous character, burst from every section of the crowd. Mr. Hunt, as a director in the Bank of Mary- land, was assailed. He was told that he was also identi. fied with the Bank robbers — that the cries of the widow and the orphan were up against him. He thanked them for the allusion — If others had suffered, it was likevirise his own lot, and that of his family; a portion of the little he had, was gone with the failure of the bank; but to restore peace, all should go, and if necessary his life with it. He was then called to descend from the steps and with it came the mingled warning of friends to re- main — that his life was in jeopardy. He must fall a sacrifice to the disturbed passions of the multitude. He promptly descended, your deponent having the hold of his arm. He then appealed to the well disposed, and commanded the police of the city to rally arouud him. Your deponent is of the impression that all the avail- able police of the city was present. Out of that crowd of 1000 to 1500 or upwards, fifty individuals obeyed the summons. I should, however, be doing injustice to my feelings did 1 not bear testimony to the personal courage, the prompt- ness, the spirit, both as the chief magistrate of the city, 3 18 and as a man, which Mr. Hunt displayed under my own eye, and under the most trying circumstances — his life threatened, deserted comparatively, by that community as it was assembled, which in part had elevated him to his honorable station; he never lost his presence of mind, or shrunk fiora danger. Conscious of the anxiety that this committee have to secure a perfect knowledge of the state of public mind, and satisfied of the important bearing, the but partially restrained violence of thi& night, had upon the future outrages, your deponent will communicate a few il- lustrative incidents that occurred upon that occasion. Many of the captures that were made by the police, were immediately rescued by those who appeared but a moment before as passive spectators — violence was threatened against those citizens who made any attempt to hand over to the police those who were actually caught in throwing stones, or otherwise manifesting a refractory disposition^ Your deponent himself was in the attempt of endeavouring to secure an individual, who, it was said had thrown a stone, but was dissuaded from it by- Mr Jacob Hare, Mr. Charles Merry man and others, upon the ground it would be folly, and dangerous to at- tempt it, the former spoke to the individual accused, they had seporated but a few moments before a stone, with unerring aim, struck Mr. Hare on the head. Your de- ponent at the suggestion of others, combined with his own opinion, requested W. G. Read, Esq. to make an attempt to address the crowd from the portico of Mr. Johnson's house. He promptly obeyed the request, but the clamour was so loud, that though your deponent was right along side of him, yet his voice could scarcely be heard — stones and brick-bats flew so rapidly as to urge your deponent to leave the situation, and resume his aid to the Mayor and other gentlemen similarly engaged in the square. Your deponent left Mr. Hunt (in company with Mr. Hare) the last individual he saw in the square, about one o'clock in the morning. The Commitiee will observe, that this detail embraces so much in answer to the 2d interrogation as your depo nent witnessed of the proceeding of the mob, until Satur- day. He will now again recur to the means that were a- dopted on Saturday, to prepare against the storm that was rapidly approaching to no ordinary tempest of popular out- 19 rage. This was the meeting at the Mayor's office. Here again he begs leave to refer to the detail made by Mr. Nor- ris,with but a briefallnsion to its proceedings as his memory serves him. Mr. Hunt was Chairman of ihe meeting. He seemed to surrender his own judgment to that of the assem- blage. The course to be adopted was that which absorbed the attention of the meeting. Arms or no arms was the question. Several plans were offered, and all advocated with ingenuity and plausibility. The strongest advocates against the use of arms were Mr. Jones, Mr. McCulloch, Mr. Wra. George Read, and Mr. Y. Walsh— they who thought that powder and ball would be the strongest argu- ment, were Capt. Cheves, Mr. John Scott, and Doctor Bond. Several enquiries were made of those present in re- ference to the practicability of getting the military to arm — Among those organized was Capt. Bentzinger, a gentleman whose courage stands high above suspicion. He was ask- ed if he thought his company would turn out uniformed and armed? His reply was distinct, that he had made the enqui- ry, and with the exception of some half a dozen he thought they would not. But as citizens on horse back, he thought ihey would. Other instances were adduced of a similar character, and the question was taken, IMr. Hunt in the Chair, and decided by vote against the use of fire arms. — The plan adopted has been already stated by Col. Thomas and Mr. Norris. A call was made upon the friends of good order. Battons were prepared, and put into the hands of those who appeared at the call — Such were the means adopted, and were exercised without success. Your deponent will conclude his answer to the fourth and fifth mterrogation, by giving it as his opinion, that if the cor- porate authorities of the city had issued a proclamation re- quiring all persons not identified in active feeling with the mob, to have remained at home, with tlioseover whom they had control, or suffer the consequences of defying the law, and (;ut into the hands of lliose who did turn out, good and efficient arms; clothed with proper power to use them when and wherever the law was assailed, that the mob could have been "restrained (rom destroying the property @f the Me- morialist and others" on that night. Your deponent again recurring to the 2d interrogation, will conclude the subsequent portion of what he witnessed of the mob, and liis opinion of its nature, of those who com- posed and those who countenanced it. Your deponent has 20 already stated the burning prejudices tlmt the community had against those who had directed '.he affairs of the Bank of Maryland, and measurably against those, into whose trust it lell after its failure. This prejudice was deep and prevalent. The mob was, as it were, composed of an active and a passive feeling. The former were numerically weak; the latter was, perhaps, composed of a thousand. How far the feeling pervaded your deponent cannot say. By the active, I mean those who were bent lo destroy — governed by the combined feeling of a thirst lor pillage, revenge, and there may have been instances of those who were so far de- luded as to believe they were doing a duty to tliemselves and the community. This latter believed they were plun* dered;thought that justice was under the influence of wealth; legal talent, and that power which they imagined one por- tion of society had, and was exercising over a more weak and bumble part. If such they were, it must have origin- ated out of excited passion, and the absence of that judg- ment and information, which should teach all, that the law should be held sacred even unto death, as the only barrier between anarchy and peace, man and the brute creation. — By the passive, I mean those who were so far operated upon by the general prejudice, that while they would rather have suffered martyrdom than to defile the law, by open acts of violence; yet did not conceive themselves bound, or at least willing, to risk their lives in the defence of the property of those who were concerned in the direction of the Bank. Saturday night commenced the work of destruction. Your deponent had the command of a compawy of volunteer citizens, stationed in Fayette street, and ordered to defend that pass to the square. The principal point of attack in the early part of the evening, was confined to Market and Calvert streets. Your deponent and his asscciatts were, however, in the meantime assailed with unrelenting insult and abuse. — Chaiged with being the defenders of Bank Robbers, &c The number of gentlemen under my command at no time exceeded thirty, and in the early part of the evening did not number half a dozen. About half past eleven o'clock, information was brought to the under- signed that the mob in large numbers, were assembling under exciting influence of the drum in Market street, east of South street, accompanied with the advice that it would be prudent to retire, as our numbers were too 21 few to contend with the rioters, — We determined, how- ever, upon a different course, and were not long in sus- pense; we met then mid -way between Fayette and Mark- et streets; defendinj; ourselves, for the mob wrre e Square on (hat night (Friday,) in deponents opinion varied from 1000 to 1500 of the number, he does not think theie were more than one lOU active ope- ratives of the mob; the majority of the number, the passive, appeared by their conduct to countenance and encourage it, as, at every effort which was made lo force the operatives of the mob, who were in front, from the square, the rece- 33 ed. Ati.swcr to 6'h Intcrrnoratory. It was geneially unHer- sto ,H atui bflieveH, tha* n.any olhtT persons who were ^c- tivp in pultitjg. down the moh, were to have their propeily dr'-iioyed Among others I was oi.e opf-nly threatened It was furthermore bel eved «hat the banks of the city would h'Vo been (h'stro\et! and plundered. The moh w;isquei' d b\ military array, (nrmed un<'er the command ot Gencial S.Tinuel Suiith. I ihink tht same means night huve b( i n en I'losed .tI anv s'.;\go of the violence to stop the outng -s of the deluded muliitude. Caleh D. Oioine feels confident, he could in the circle of his own acquain- tance, have forced that number, ready, and willing, to have ventured on the hazard; that the means were within the reach of the constituted authorities cant be doubted; when it is known, that on yVonday evening Jas. W. J/c- Colloh, Esq. accompanied by Jas. A/oreton, Tbos. F nley Esqs. and yoiT deponent, went to the Court House, and de- manded of the keeper of that building the arms belonging to Baltimore county — he was refused them by the keeper, who alledged he could not give them up, and would write tothe mayor — i^/cCulloh immediately replied, "the time, sir, for correspondence has passed by, the time for action has arrived;" — he still shewing a disposition to refuse, A/cCul- loh continued, ^'' I demand them as one of the Counsel oj the County Commissioners, and by God I will have them;** after which the door of the cellar in which they were plac- ed, was soon opened, and several large companies, under the command of A/ajor Spedden, were immediately armed; independent of which your deponent saw A/cCulloh pay the expenses on one, if not two Carts or Dray loads of ^/us- kets, which were carried to the mayors office, (which carts or drays he impressed) where they were served out to such citiaens, as was not suspected as favouring the views of 61 the rioters, and refusecl to many whd were susplcionerl as favouring the mob. To your 6th, and last printed Inter. — Your deponent' Savs, he knows it was tlie intention of the mob, to have de- stroyed other property than that of vour memorialists, and would refer you for evidence of the fact to the destruction of Capt. VVilley, Capt, Beniziii>i;er, and /l/ajor Fin ley's pro- perty; and that it was u;enerally understood, and so believ- ed, your deponent thinks, cant be doubted when he declares that a person known by the name of Palmer inf •rme'l him at the City Hall, that he had attended a meeting of the Rioters (in disguise) when it was then discussed, whether they should not fire the upper and lower end of the city at the sa.iie time, and tnat he also informed him. that the Presi- dent of the Union Bank of ilfaryland, which was the De- pository of the Public Funds, had made a requisition on the U. '^. Government for a detachment ot Reg.iiar I'roups, which was granted to hnn for the protection of that insti- tution. Your nex' question in the interrogation is — By what means was it quelled? I'o which your deponent replies, a report was circulated that the mob intended firing the city generally, and that .V?'e?Y///?cr."?f);/.s standing high in public estimation, as per- i»uns of wealth, and education, were behi.id the curtai s, fiecrefly forining theplarif^-, and by their incendiary ha- Tiimrues cuid money, ur,>^ingo7i the youthful, ignorunty and inconsiderate^ to icifi o( violence; wliich alarmed the citizens generally, and made them see, for the safety of thtir own property, the necessity at once of exerting their influ- ence, in a proper channel, added to which, another report vno'^e alarming and melting than those before recited, fol- lowed directly in the train, which was, that persons in Jail, and the inmates of the Penetentiary, were to be turned loose on society, and that their wives and daughters, ia common with those who had rendered themselves obnoxi- ous to the mob, in consequence of their having taken sides with the civil authorities, were to be given up to vio- lence. • To the last question your deponent says, means equally effectual, and not half no expensivCy might have been re- sorted to, which would have protected the peace of the ci- ty, and the property ot your memorialists. Question by Mr. J/errick: Have yon had any conversation ea wUh 3/r. Hunt since the ooourrenoo of the rlofs in Ancnsfr la.*"'? What Wi ro thise CDVcr^ations? To ihe last question — If I have hf^Id any conversation with Mr. Iltif.t >"ince the suppression of the rioters, and were he was on Sunday and l/onday nights, I an; wer, that 1 held several oonversaii ms with him, and learned on Sunday i \^'\t he iO'!;z;e(t with his friend J. imes Blnir, Esq., in FranUiia near Prince street, and on yV/otiday nignt a* J/r. Uavid^ ar- li'^ie's, about ten miles from Bahimore City, near the F.tlls Turnpike road Your *ing the mob, and that had these means been resorted to early on Saturday afternoon, one hundred armed men would have prevented the mob from destroying the property of the memorialists and others. 6th. Before the mob was finally quelled, they had at- tacked and partially destroyed the houses and property of Capt. Bentzinger. ("apt. Willey and Col. Finley, and had denounced similar destruction to the property of all those who had been actively engaged in resisting