Conduct of the Courts of Maryland
Document 1800Ash requests that McHenry allow him to make use of his library in Baltimore and discusses his recent unpleasant experiences in the Baltimore County Court.
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[James Ash / April 16th 1800]
[Albany APR postal stamp] FREE
The Honorable
James McHenry
Secretary at War
Philadelphia
Post.
[Maryland Historical Society stamp]
[Nov Co. R.] Baltimore 16. April 1800
Dear Sir 4.
I would be very much obliged to you, to let me know
have the use of your library, which I presume is still
in Baltimore. It becomes more necessary than ever, to
make a judicious disposition of my time, between Reading
and Business.
There was a curious circumstance, happened to me,
about two years ago, in Baltimore County Court. The
case in itself, being rather singular and unpreceden=
=ted, I will tell it, [strikethrough: though] uninteresting, which I know
it must be to you.
I was making a motion, on behalf of a client (Henry
Ridgely - Wm Winchester, and Wm Owings presided) when
the Court told me to apply to Mr Martin. - I answered
that I did not know Mr Martin in the Capacity of
a Court; and that my motion came in a qualified
shape before the Court. - The Court repeated again
to apply to Mr Martin. I said "if motions, were to be
made to Mr Martin, instead of the tribunal before
whom I stood, that the Court was a mere cypher,"
which would be literally true on the admission of
such a principle. - The clerk was then directed, to strike
me my name from the list of attorneys of that
court. I think the proceeding was contrary to all Law, that
we practice under, in the State of Maryland, and I believe
I shall be able to prove it so, before the next General
Court, when I intend to apply for a Mandamus to reinstate
me. At all events, taking from me, my only hope of
industry, obliged me to apply to the last General Assembly
for an act of assembly Insolvency, very contrary to my
wishes. The injury fell not then on me alone, but
extended to the Community in General, in consequence
of Contracts variously entered - partly on my own
account, and partly on account of my late Partner=
=ship in Virginia; both of which would have been
paid to the last Shilling, if this Court of Justice had
not determined differently, by taking from me the only
means of industry. The day after being struck off, I went
to Court, to be Sworn to the Grand Jury - I was directed
to apply to Mr Martin. I asked this worshipful
[underline: trio] of Science and erudition, that if I wanted to pre=
=sent Mr Martin, whether an application to him
would be proper. I was then directed (because it could
not be refused) to be sworn. I had not then, any inten=
=tion to go to the Grand Jury, but I wished to shew the
folly (if ignorance can be convinced) of the Conduct, in
a delicate manner. For every Court is entitled to deli=
=cacy and Respect, while thus Constituted, if it were
a Court, Composed of Thorns. But there is something
more, in this transaction, than impartial Justice.
Some thing mixed perhaps with persecution, and a
Desire to injure my professional Prospects, in Balti=
=more, which must have been crowned with Success,
(but for this blow, which I received from this vulgar
hand) from the Slow but certain System, which
I laid down, to Secure a lasting establishment.
If there be, any way, by which I could be useful
to you here, or at Fort McHenry (till I get my Busi=
=ness settled with this Court) in Stating or forwar=
=ding accounts, or any other way, Connected with
Respectability, in consequence of the Works that
are to be carried on this Summer at the Fort, with
any adequate Reward for my trouble, I would gladly
embrace it. Time is too valuable to be lost, what=
=ever the Baltimore County Court may think. [undecipherable]
[undecipherable] every hour in the day to be advanta[geously]
[undecipherable: em]ployed. Be pleased to let me know, [if any]=
=thing in this way, be practicable; and if no incon=
=venience would arise, by having access to your
Library.
I am with great Respect,
Sir, Yr mo: ob: Hble: Sert
James Ash
Type
Autograph Letter Signed
Description
Ash requests that McHenry allow him to make use of his library in Baltimore and discusses his recent unpleasant experiences in the Baltimore County Court.
Date
04/16/1800
Author
Recipient
Sent from
Baltimore
Repository
Collection
Document number
1800041640201
Page start
1
Notable persons
James McHenry
James Ash
Baltimore County Court
Henry Ridgely
William Winchester
William Owings
Mr. Martin
clerk
attorneys
General Assembly
Grand Jury
Notable locations
Philadelphia
Baltimore
Maryland
Virginia
Fort McHenry
Notable items
library
court
motion
tribunal
list of attorneys
law
mandamus
act of assembly
partnership
court of justice
persecution
professional prospects
works

