Francis Key Howard
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Frank Key Howard (October 25, 1826 – May 29, 1872) (also cited as Francis Key Howard) was an American newspaper editor and journalist. The grandson of
Francis Scott Key Francis Scott Key (August 1, 1779January 11, 1843) was an American lawyer, author, and poet from Frederick, Maryland, best known as the author of the poem "Defence of Fort M'Henry" which was set to a popular British tune and eventually became t ...
and Revolutionary War colonel
John Eager Howard John Eager Howard (June 4, 1752October 12, 1827) was an American soldier and politician from Maryland. He was elected as governor of the state in 1788, and served three one-year terms. He also was elected to the Continental Congress, the Congre ...
, Howard was the editor of the '' Daily Exchange'', a
Baltimore Baltimore is the most populous city in the U.S. state of Maryland. With a population of 585,708 at the 2020 census and estimated at 568,271 in 2024, it is the 30th-most populous U.S. city. The Baltimore metropolitan area is the 20th-large ...
newspaper sympathetic to the Confederacy. Just after midnight on September 13, 1861, he was arrested without a warrant at his home by U.S. Major General Nathaniel Prentice Banks on the direct orders of General
George B. McClellan George Brinton McClellan (December 3, 1826 – October 29, 1885) was an American military officer and politician who served as the 24th governor of New Jersey and as Commanding General of the United States Army from November 1861 to March 186 ...
enforcing the policy of President
Abraham Lincoln Abraham Lincoln (February 12, 1809 – April 15, 1865) was the 16th president of the United States, serving from 1861 until Assassination of Abraham Lincoln, his assassination in 1865. He led the United States through the American Civil War ...
. (In his book he writes that he was told by the arresting officer that the order had come from Secretary of State
William Seward William Henry Seward (; May 16, 1801 – October 10, 1872) was an American politician who served as United States Secretary of State from 1861 to 1869, and earlier served as governor of New York and as a United States senator. A determined opp ...
.) The basis for his arrest was the writing of an editorial printed in his newspaper that was critical of Lincoln's suspension of the
writ of habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to ...
, of the declaration by the Lincoln administration of martial law in Baltimore, and of the imprisonment without charge of Baltimore mayor
George William Brown George William Brown may refer to: * George William Brown (mayor) (1812–1890), American politician, judge and academic * George William Brown (trade unionist) (1880–?), British trade unionist and politician * George W. Brown (computer scientist ...
, sitting U.S. Congressman Henry May, all the police commissioners of Baltimore, and the entire city council. Lincoln's suspension of habeas corpus in Maryland had already been declared unconstitutional by U.S. Supreme Court Chief Justice
Roger Taney Roger Brooke Taney ( ; March 17, 1777 – October 12, 1864) was an American lawyer and politician who served as the fifth chief justice of the United States, holding that office from 1836 until his death in 1864. Taney delivered the majority opin ...
(Howard's great-uncle by marriage) in
Ex parte Merryman ''Ex parte Merryman'', 17 F. Cas. 144 (C.C.D. Md. 1861) (No. 9487), was a controversial U.S. federal court case during the American Civil War. It was a test of the authority of the President to suspend "the privilege of the wri ...
, but Lincoln had ignored the federal court ruling. Howard was initially confined to
Fort McHenry Fort McHenry is a historical American Coastal defense and fortification, coastal bastion fort, pentagonal bastion fort on Locust Point, Baltimore, Locust Point, now a neighborhood of Baltimore, Maryland. It is best known for its role in the War ...
, the same fort his grandfather Francis Scott Key saw withstand a British bombardment during the
War of 1812 The War of 1812 was fought by the United States and its allies against the United Kingdom of Great Britain and Ireland, United Kingdom and its allies in North America. It began when the United States United States declaration of war on the Uni ...
, which inspired him to write "
The Star-Spangled Banner "The Star-Spangled Banner" is the national anthem of the United States. The lyrics come from the "Defence of Fort M'Henry", a poem written by American lawyer Francis Scott Key on September 14, 1814, after he witnessed the bombardment of Fort ...
", which would become the national anthem of the United States of America. He was then transferred first to
Fort Lafayette Fort Lafayette was an island coastal fortification in The Narrows of New York Harbor (New York Bay), built offshore from nearby Fort Hamilton at the southern tip of what is now the Bay Ridge, Brooklyn, Bay Ridge neighborhood in the New York City ...
in
Lower New York Bay Lower New York Bay is a section of New York Bay south of the Narrows (the strait between Staten Island and Brooklyn). The eastern end of the Bay is marked by two spits of land, Sandy Hook, New Jersey, and Rockaway, Queens. The waterway bet ...
off the coast of
Brooklyn Brooklyn is a Boroughs of New York City, borough of New York City located at the westernmost end of Long Island in the New York (state), State of New York. Formerly an independent city, the borough is coextensive with Kings County, one of twelv ...
, then Fort Warren in
Boston Boston is the capital and most populous city in the Commonwealth (U.S. state), Commonwealth of Massachusetts in the United States. The city serves as the cultural and Financial centre, financial center of New England, a region of the Northeas ...
. He wrote a book on his experiences as a political prisoner completed in December 1862 and published in 1863 titled ''Fourteen Months in American Bastiles,'' two of the publishers selling the book were then arrested. 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 is a historical American Coastal defense and fortification, coastal bastion fort, pentagonal bastion fort on Locust Point, Baltimore, Locust Point, now a neighborhood of Baltimore, Maryland. It is best known for its role in the War ...
. 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 "The Star-Spangled Banner" is the national anthem of the United States. The lyrics come from the "Defence of Fort M'Henry", a poem written by American lawyer Francis Scott Key on September 14, 1814, after he witnessed the bombardment of Fort ...
". 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.
Howard died while in
London London is the Capital city, capital and List of urban areas in the United Kingdom, largest city of both England and the United Kingdom, with a population of in . London metropolitan area, Its wider metropolitan area is the largest in Wester ...
in 1872.


Background

Maryland was considered one of the five border states at the outbreak of the
U.S. Civil War The American Civil War (April 12, 1861May 26, 1865; also known by other names) was a civil war in the United States between the Union ("the North") and the Confederacy ("the South"), which was formed in 1861 by states that had seceded fr ...
. On April 27, 1861 Lincoln suspended the writ of habeas corpus in Maryland partially as a response to the
Baltimore riot of 1861 The Baltimore riot of 1861 (also called the "Pratt Street Riots" and the "Pratt Street Massacre") was a civil conflict on Friday, April 19, 1861, on Pratt Street, Baltimore, Maryland. It occurred between antiwar "Copperhead" Democrats (the lar ...
, and in portions of midwestern states such as southern
Indiana Indiana ( ) is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. It borders Lake Michigan to the northwest, Michigan to the north and northeast, Ohio to the east, the Ohio River and Kentucky to the s ...
. The first person to be arrested after this order was issued was Lieutenant
John Merryman John Merryman (August 9, 1824 – November 15, 1881) of Baltimore County, Maryland, was arrested in May 1861 and held prisoner in Fort McHenry in Baltimore and was the petitioner in the case ''" Ex parte Merryman"'' which was one of the best kno ...
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 Telegraphy is the long-distance transmission of messages where the sender uses symbolic codes, known to the recipient, rather than a physical exchange of an object bearing the message. Thus flag semaphore is a method of telegraphy, whereas ...
wires to prevent Union troops from marching through Baltimore to reinforce
Washington, D.C. Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and federal district of the United States. The city is on the Potomac River, across from Virginia, and shares land borders with ...
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 Brooke Taney ( ; March 17, 1777 – October 12, 1864) was an American lawyer and politician who served as the fifth Chief Justice of the United States, chief justice of the United States, holding that office from 1836 until his death in 186 ...
, who was incidentally married to Anne Phoebe Charlton Key, Francis Scott Key's sister) in
Ex Parte Merryman ''Ex parte Merryman'', 17 F. Cas. 144 (C.C.D. Md. 1861) (No. 9487), was a controversial U.S. federal court case during the American Civil War. It was a test of the authority of the President to suspend "the privilege of the wri ...
, 17 F. Cas. 144 (C.C.D. Md. 1861). Lincoln, citing the actions of prior U.S. President
Andrew Jackson Andrew Jackson (March 15, 1767 – June 8, 1845) was the seventh president of the United States from 1829 to 1837. Before Presidency of Andrew Jackson, his presidency, he rose to fame as a general in the U.S. Army and served in both houses ...
, chose to ignore the ruling. It was for criticizing Lincoln's actions in the editorial section of the ''Baltimore Exchange'' that Howard was arrested.


References


External links

* * {{DEFAULTSORT:Howard, Frank Key 1826 births 1872 deaths 19th-century American newspaper editors Editors of Maryland newspapers Key family (Maryland) People of Maryland in the American Civil War Howard family (Maryland)