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Proceedings and Acts of the General Assembly, 1867
Volume 133, Page 1104   View pdf image (33K)
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36
REPORT OF THE ATTORNEY GENERAL.

ANNAPOLIS, August 1st, 1866.
His Excellency THOMAS SWANN, Governor of Maryland:

DEAR SIR—I received this day from Mr. Leary the enclosed
papers, which I have carefully read: after which I had an in-
terview with Justice W. R Thompson and Owen M. Taylor,
and with the Constable, Edward Baldwin.

The Justices both assure me of their disposition and deter-
mination to execute the Act of Congress entitled, "An Act to
protect all persons in their civil rights," etc., in taking the
oaths of negroes as competent testimony on their complaints
against white men.

Justice Taylor denies that he did refuse to hear the case of
negro Frederick Sharpe against James White, but on the
contrary that Constable Baldwin brought James White be-
fore him under the warrant issued by Justice Thompson on
the complaint of Sharpe, and he was ready and willing to try
the cause, but was prevented doing so by the absence of
Sharpe; that thereupon he took bail of White to appear and
answer to this charge, and that the case is yet pending before
him.

Constable Baldwin states that he did not refuse to serve
these warrants issued by Justice Thompson against .White
and B. Watkins, but did receive them in order to serve them
—that the one against White he did actually serve, arrested
White and took him before Justice Taylor, as White desired,
and as Baldwin understood he 'had a right to select before
whatjustice he would be taken, when .Frederick Sha rpe not
appearing before the justice against White, the case was con-
tinued, and White discharged after giving bail to appear to
answer for the charge. Baldwin further stated that after
taking the writ against B. Watkins, he went in pursuit of
him but did not find him, and had not since seen him—that
he declined to take warrants against persons living out'of
town, from Justice Thompson, because after consulting coun-
sel, he believed it was not his duty to serve such warrants ;
that he so stated to the justice, and that he would be com-
pelled to resign his office rather than serve such warrants in
the county, as the cost he would have to incur in serving
them was twice as much as his fee for such service, and sug-
gested that the justice should give them to the Sheriff.

These facts I have obtained from the parties themselves,
and my own knowledge of our people generally, and of their
sentiments on this subject especially, not only satisfy me that
no such interference of the military of the United States, as is
suggested in these papers is necessary to aid in the execution
of this law, or to secure protection to the Freedmen or to aid

 

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Proceedings and Acts of the General Assembly, 1867
Volume 133, Page 1104   View pdf image (33K)
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