XIV LEVIN WINDER American patriotism-and ignorance for long decreed that no man ought even to intimate that the constitution of the United States possessed as much as one little flaw. To its authors was generally given credit for having produced a perfect governmental document. With all due respect, however, to fastidious patriots and early American statesmen, it must be confessed that the constitution at first possessed very little of the strength which subsequent events and the American character have given it. Between the lines of the document have been written, by a hundred and some years of national growth, decidedly more than is to be found in the lines themselves. When first the constitution was submitted to the several states, Luther Martin gave all his ability and his energy in a mighty effort to defeat the attempt to have Maryland ratify it. He saw the weak points of the instrument, and warned Marylanders that under its authority the central government would be able to discriminate against the weaker commonwealths in favor of the stronger ones. But the people heeded not, and the constitution was ratified. During the second war with England, however, Maryland suddenly became convinced of the truth of her former attorney-general's words. The national administration in 1812 was republican; Maryland, however, was in a rather uncertain mind, the republicans and federalists being almost equally strong. The determiner of political control in Maryland was a riot in Baltimore in 1812, in which the republicans, who had taken offense at an anti-war editorial in a federalist paper, attacked the paper's editor and engaged in battle with some of his federalist friends, killing a few and wounding others. This riot proved a boomerang. The federalists regained control of the state machinery because of disapproval, outside of Baltimore, of the republicans' violence, and the federal government, displeased with the turn of affairs in Maryland, ignored the demands of the state for the general government's assistance in defending American soil against the invasion of America's common enemy. Both the Maryland federalists, who had opposed the war, and the Maryland republicans, who had advocated it, were forced to bear the burden of the nation's war, as far as Maryland was concerned, without any aid from the central government. The historical index to the change of affairs in Maryland which was to result in the national government's unjust treatment of the commonwealth is found in the election of a successor to Gov. Robert Bowie, whose second administration in Maryland extended from 1811 to 1812 and witnessed the beginning of hostilities with England. The election of Mr. Winder, who succeeded Governor Bowie, was the "political disobedience" referred to in the declaration of the federalists of 1812-1814, who, after soliciting in vain the national government's aid when Maryland was subjected to attacks by the English, cried: "Virginia has but to ask and she receives; but Maryland, for her political disobedience, is denied." Levin Winder was born in Somerset county on September 4, 1757, the son of William and Esther (Gillis) Winder. He was destined by his parents for the legal profession, and immediately after the completion of his academic training began reading law. In common with many candidates for the legal profession, however, the youth, when the Revolutionary War began, forsook the dusty tomes of his legal library and joined the army. He was appointed, January 14, 1776, first lieutenant in the forces under Colonel Smallwood. A little more than a year later, having seen various services, he was promoted to the rank of major and at the end of the conflict held the rank of lieutenant-colonel. With the return to their native sections of the host of lawyers, who for a season had forsaken their profession for the glory of war, the country seemed overrun with attorneys and counselors. It may have been this excess that prompted Mr. Winder to look to agriculture for an occupation in preference to the profession for which he had been trained. At all events, he became a planter on a large scale on his estate near Princess Anne. The attractions of the plantation were not strong enough, however, to hold his thoughts from the life for which he had been fitted both by natural endowment and training. It was, therefore, not long before Mr. Winder appeared as a candidate for the legislature, and he was several times elected by his county as a member of the general assembly. While Governor Lloyd-who administered state affairs from 1809 to 1811-was in office, representing the choice of the republicans, Mr. Winder, a federalist, was chosen speaker of the house of delegates, thus indicating the close division of political influence in Maryland. Ex-Governor Bowie was reelected governor in the fall of 1811, and his administration extended through the opening months of the War of 1812-1815. These months were marked by the Baltimore riot, and when the time for the next election of members to the Maryland general assembly arrived the federalists lost no opportunity to impress upon the people the fact that all republicans were ruffians and murderers-witness the Baltimore riots-and therefore not safe people to be intrusted with public offices. This, however, was not the only source of strength to the federal party in Maryland in 1812. The counties and Baltimore were not in agreement regarding the amount of influence which the latter should be permitted to exert upon the administration of state affairs. The counties had begun to feel some apprehensions lest the city of Baltimore succeed ultimately in gaining complete control of the state machinery, and it was, perhaps, as much because of the countians' distrust of Baltimore as of their displeasure with the republican rioters that the federalist forces turned out in full force in the legislative election of 1812. The house of delegates was naturally more sensitive to popular sentiment than the upper branch of the legislature, and by the elections of 1812 it was made strongly federalist. The senate continued republican, but it did not control sufficient ballots to overcome the strength of the lower house. After the legislature was organized, in the fall of 1812, it balloted for a successor to Governor Bowie. Mr. Winder received 52 votes, as against 29 for the incumbent, and the former was declared elected. Governor Winder began his administration while the United States was at war with England. He and the party which he represented had been and still were opposed to the conflict. This state of affairs under ordinary circumstances would doubtless have led to a lack of harmony between the federal government and that of the commonwealth, but Mr. Winder's governorship witnessed extraordinary circumstances. The central government had been chagrined at the turn which political affairs had taken in Maryland, and, partly because of curtailed resources and partly because of resentment, it ignored Maryland's claim to be accorded protection from the invasion of a common enemy. The fact remains that Mr. Winder, an anti-war governor, inaugurated during the conflict, rendered herculean services on behalf of a defensive war. When he learned that the national government would not give Maryland the requested aid, he called together the legislature in extra session and |