Francis Key Howard
Encyclopedia
Francis Key Howard was the grandson of Francis Scott Key
and Revolutionary War colonel John Eager Howard
. Howard was the editor of the Baltimore Exchange, a Baltimore
newspaper sympathetic to the Southern cause. He was arrested on September 13, 1861 by U.S. major general Nathaniel Prentice Banks
on the direct orders of general George B. McClellan
enforcing the policy of President Abraham Lincoln
. The basis for his arrest was for writing a critical editorial in his newspaper of Lincoln's suspension of the writ of habeas corpus, and the fact that the Lincoln administration had declared martial law in Baltimore and imprisoned without due process, George William Brown
the mayor of Baltimore, Congressman Henry May
, the police commissioners of Baltimore and the entire city council. Howard was initially confined to Ft. McHenry, the same fort his grandfather Francis Scott Key saw withstand a British bombardment during the War of 1812
, which inspired him to write The Star Spangled Banner, which would become the national anthem of the United States of America. He was then transferred first to Fort Lafayette
in Lower New York Bay
off the coast of Brooklyn
, then Fort Warren
in Boston
.
He wrote a book on his experiences as a political prisoner completed in December of 1862 and published in 1863 titled Fourteen Months in the American Bastiles.
Howard commented on his imprisonment;
"When I looked out in the morning, I could not help being struck by an odd and not pleasant coincidence. On that day forty-seven years before my grandfather, Mr. Francis Scott Key, then prisoner on a British ship, had witnessed the bombardment of Fort McHenry
. When on the following morning the hostile fleet drew off, defeated, he wrote the song so long popular throughout the country, the Star Spangled Banner. As I stood upon the very scene of that conflict, I could not but contrast my position with his, forty-seven years before. The flag which he had then so proudly hailed, I saw waving at the same place over the victims of as vulgar and brutal a despotism as modern times have witnessed."
, and in portions of midwestern states such as southern Indiana
.
The first person to be arrested after this order was issued was Lieutenant John Merryman
of the newly formed (1861) Baltimore County Horse Guards, a unit composed of southern sympathizers. Merryman was accused of treason for destroying bridges and telegraph wires to prevent Union troops from marching through Baltimore to reinforce Washington D.C..
Lincoln's action was challenged in court and overturned by the U.S. Circuit Court in Maryland (led by Supreme Court Chief Justice Roger B. Taney
who was incidentally married to Anne Phoebe Charlton Key, Francis Scott Key's sister) in Ex Parte Merryman
, 17 F. Cas. 144 (C.C.D. Md. 1861). Lincoln citing the actions of prior U.S. President Andrew Jackson
chose to ignore the ruling. It was for criticizing Lincoln's actions in the editorial section of the Baltimore Exchange that Howard was arrested
Francis Scott Key
Francis Scott Key was an American lawyer, author, and amateur poet, from Georgetown, who wrote the lyrics to the United States' national anthem, "The Star-Spangled Banner".-Life:...
and Revolutionary War colonel John Eager Howard
John Eager Howard
John Eager Howard was an American soldier and politician from Maryland. He was elected as governor of the state in 1789, and served three one-year terms. He also was elected to the Continental Congress, Congress of the United States and the US Senate. He was born in and died in Baltimore County...
. Howard was the editor of the Baltimore Exchange, a Baltimore
Baltimore
Baltimore is the largest independent city in the United States and the largest city and cultural center of the US state of Maryland. The city is located in central Maryland along the tidal portion of the Patapsco River, an arm of the Chesapeake Bay. Baltimore is sometimes referred to as Baltimore...
newspaper sympathetic to the Southern cause. He was arrested on September 13, 1861 by U.S. major general Nathaniel Prentice Banks
Nathaniel Prentice Banks
Nathaniel Prentice Banks was an American politician and soldier, served as the 24th Governor of Massachusetts, Speaker of the U.S. House of Representatives and as a Union general during the American Civil War....
on the direct orders of general George B. McClellan
George B. McClellan
George Brinton McClellan was a major general during the American Civil War. He organized the famous Army of the Potomac and served briefly as the general-in-chief of the Union Army. Early in the war, McClellan played an important role in raising a well-trained and organized army for the Union...
enforcing the policy of President Abraham Lincoln
Abraham Lincoln
Abraham Lincoln was the 16th President of the United States, serving from March 1861 until his assassination in April 1865. He successfully led his country through a great constitutional, military and moral crisis – the American Civil War – preserving the Union, while ending slavery, and...
. The basis for his arrest was for writing a critical editorial in his newspaper of Lincoln's suspension of the writ of habeas corpus, and the fact that the Lincoln administration had declared martial law in Baltimore and imprisoned without due process, George William Brown
George William Brown
George William Brown was the mayor of Baltimore, Maryland from 1860 to 1861.-Pratt Street Riot:Brown played an important role in controlling the Pratt Street Riot on April 19, 1861, at the onset of the American Civil War. After the Pratt Street Riot, some small skirmishes occurred throughout...
the mayor of Baltimore, Congressman Henry May
Henry May (Maryland)
Henry May was a U.S. Representative from Maryland.Born in Washington, D.C., May pursued an academic course. He attended Columbian College , Washington, D.C.. He studied law, was admitted to the bar in 1840, and commenced practice...
, the police commissioners of Baltimore and the entire city council. Howard was initially confined to Ft. McHenry, the same fort his grandfather Francis Scott Key saw withstand a British bombardment during the War of 1812
War of 1812
The War of 1812 was a military conflict fought between the forces of the United States of America and those of the British Empire. The Americans declared war in 1812 for several reasons, including trade restrictions because of Britain's ongoing war with France, impressment of American merchant...
, which inspired him to write The Star Spangled Banner, which would become the national anthem of the United States of America. He was then transferred first to Fort Lafayette
Fort Lafayette
Fort Lafayette was an island coastal fortification in the Narrows of New York Harbor, built offshore from Fort Hamilton at the southern tip of what is now Bay Ridge in the New York City borough of Brooklyn...
in Lower New York Bay
Lower New York Bay
Lower New York Bay is that section of New York Bay south of the Narrows, the relatively narrow strait between the shores of Staten Island and Brooklyn. The southern end of the bay opens directly to the Atlantic Ocean between two spits of land, Sandy Hook, New Jersey, and Rockaway, Queens, on Long...
off the coast of Brooklyn
Brooklyn
Brooklyn is the most populous of New York City's five boroughs, with nearly 2.6 million residents, and the second-largest in area. Since 1896, Brooklyn has had the same boundaries as Kings County, which is now the most populous county in New York State and the second-most densely populated...
, then Fort Warren
Fort Warren (Massachusetts)
Fort Warren is a historic fort on the Georges Island at the entrance to Boston Harbor. The fort is pentagonal, made with stone and granite, and was constructed from 1833–1861, completed shortly after the beginning of the American Civil War...
in Boston
Boston
Boston is the capital of and largest city in Massachusetts, and is one of the oldest cities in the United States. The largest city in New England, Boston is regarded as the unofficial "Capital of New England" for its economic and cultural impact on the entire New England region. The city proper had...
.
He wrote a book on his experiences as a political prisoner completed in December of 1862 and published in 1863 titled Fourteen Months in the American Bastiles.
Howard commented on his imprisonment;
"When I looked out in the morning, I could not help being struck by an odd and not pleasant coincidence. On that day forty-seven years before my grandfather, Mr. Francis Scott Key, then prisoner on a British ship, had witnessed the bombardment of Fort McHenry
Fort McHenry
Fort McHenry, in Baltimore, Maryland, is a star-shaped fort best known for its role in the War of 1812, when it successfully defended Baltimore Harbor from an attack by the British navy in Chesapeake Bay...
. When on the following morning the hostile fleet drew off, defeated, he wrote the song so long popular throughout the country, the Star Spangled Banner. As I stood upon the very scene of that conflict, I could not but contrast my position with his, forty-seven years before. The flag which he had then so proudly hailed, I saw waving at the same place over the victims of as vulgar and brutal a despotism as modern times have witnessed."
Background
Maryland was considered one of the five border states at the outbreak of the U.S. Civil War. On April 27, 1861 Lincoln suspended the writ of habeas corpus in Maryland partially as a response to the Baltimore riot of 1861Baltimore riot of 1861
The Baltimore riot of 1861 was an incident that took place on April 19, 1861, in Baltimore, Maryland between Confederate sympathizers and members of the Massachusetts militia en route to Washington for Federal service...
, and in portions of midwestern states such as southern Indiana
Indiana
Indiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is...
.
The first person to be arrested after this order was issued was Lieutenant John Merryman
John Merryman
John Merryman was the petitioner in one of the best known habeas corpus cases of the American Civil War, a militia officer during the Civil War, and a Maryland politician.-Early life:...
of the newly formed (1861) Baltimore County Horse Guards, a unit composed of southern sympathizers. Merryman was accused of treason for destroying bridges and telegraph wires to prevent Union troops from marching through Baltimore to reinforce Washington D.C..
Lincoln's action was challenged in court and overturned by the U.S. Circuit Court in Maryland (led by Supreme Court Chief Justice Roger B. Taney
Roger B. Taney
Roger Brooke Taney was the fifth Chief Justice of the United States, holding that office from 1836 until his death in 1864. He was the first Roman Catholic to hold that office or sit on the Supreme Court of the United States. He was also the eleventh United States Attorney General. He is most...
who was incidentally married to Anne Phoebe Charlton Key, Francis Scott Key's sister) in Ex Parte Merryman
Ex parte Merryman
Ex parte Merryman, 17 F. Cas. 144 , is a well-known U.S. federal court case which arose out of the American Civil War. It was a test of the authority of the President to suspend "the privilege of the writ of habeas corpus"...
, 17 F. Cas. 144 (C.C.D. Md. 1861). Lincoln citing the actions of prior U.S. President Andrew Jackson
Andrew Jackson
Andrew Jackson was the seventh President of the United States . Based in frontier Tennessee, Jackson was a politician and army general who defeated the Creek Indians at the Battle of Horseshoe Bend , and the British at the Battle of New Orleans...
chose to ignore the ruling. It was for criticizing Lincoln's actions in the editorial section of the Baltimore Exchange that Howard was arrested