In 1868, Local Man Elected to Senate in Time for First Impeachment
Kevin Hemstock • February 16, 2021
(The First of Two Parts)
The impeachment of Donald Trump isn’t that much different than the nation’s first impeachment, that of President Andrew Johnson in 1868. Johnson was acquitted by the U.S. Senate, in part thanks to George Vickers, a senator from Kent County.
Vickers was not elected to the U.S. Senate by the people of Maryland. That’s because prior to the passage of the 17th Amendment to the Constitution in 1913, senators were elected by state legislatures.
So, Kent’s consummate lawyer was elected to the U.S. Senate by the Maryland legislature, by a vote of 59 to the nearest candidate’s 41, on March 4, 1868.
That nearest candidate was another lawyer, Philip F. Thomas, who, in theory, had already been elected to the post.
Hailing from Easton, Thomas, 57, was eminently qualified. A lifelong Talbot County resident, he started in politics in 1838. He served as the state’s governor from 1848 to 1851. He also served in the state legislature off and on, and for a while was in the administration of President James Buchanan.
But the Civil War changed the political landscape of the state and the nation.
Thomas was elected by the legislature in March 1867 as U.S. senator. But when Congress met in session in January 1868, the Republican majority refused to seat him and the following month, he was rejected. They claimed he wasn’t a viable candidate for the job because his son, John, had joined the Confederacy and fought in the war against Union forces. Worse, Thomas had sent his son money and aided him by other means during the war.
The Baltimore Sun opined in its Feb. 21, 1868, edition that aid to Vickers's son really had nothing to do with the Confederacy, but that his son’s participation in the losing side of the War Between the States was an excuse for the Republican majority to eliminate a Democrat with such a lofty political pedigree.
“Never were a series of objections shown to be more completely frivolous and groundless than those assigned against Mr. Thomas. The act of the majority leaves nothing in doubt as to its motive.”
Vickers — well qualified for the job — didn’t really want it. In fact, he had for much of his life avoided the limelight, but was cast in it whether he liked it or not. But to the “Radical Republicans,” a more extreme faction of the Republican party, he was lesser known and perhaps seemed less a threat to the legislative status quo, even though he, too, had a son who had fought for the Confederacy.
Born in Kent County in 1801, the son of Capt. James and Lydia Towers Vickers, George Vickers graduated from Washington College in 1817 and began his own law practice in Chestertown in 1827, operating initially out of an office on Cross Street. Later he moved to Lawyer’s Row. His cases were numerous and consequential, and he soon made a name for himself in the county and the state as a thoughtful and articulate community leader. He bought a newspaper in 1838 — the Kent Bugle, which later became the Kent News — a vehicle for editorials supporting the Whig Party.
He was involved in real estate, and established his home with his wife, the former Mary Mansfield, in a substantial three-story manse on Mill Street. He was director of the Farmers & Mechanics Bank.
As a Whig, he became actively involved in politics. His local Whig leadership gave him some gravitas and in 1840, he was chosen an elector for William Henry Harrison. Harrison was elected president, but died a month after his inauguration. Locally, Vickers served on the county commission, the Chestertown town commission, and for a brief spell was a judge of the circuit court.
As the Civil War neared, he made it clear he supported preservation of the Union, and as a member of the Friends of the Constitution, opposed secession. After Confederate forces attacked Fort Sumter at Charleston, S.C., in April 1861, igniting the war, Vickers was somber in a letter to the Kent News, April 27, 1861:
“The condition of public affairs and the impenetrable cloud that skirts the future, hang as a pall upon the spirits of the people, and should admonish us all of the necessity of unity of feeling and effort in these times of ominous peril, and lead us to look to a source higher than all earthly power for relief, in this the darkest hour of our country’s history.”
A slaveowner, he continued to support the dubious institution.
Soon after hostilities began, Gov. Thomas Holliday Hicks appointed Vickers as Major General of the Second Maryland Militia, a largely nominal political office, but with military trappings. As local men in Kent began preparing for war in the months following its onset, “Camp Vickers” was established north of Chestertown.
Like most Kent countians, he opposed Abraham Lincoln and Lincoln’s Republican Party in the 1860 election. In 1864, he supported Democrat Gen. George B. McClellan’s candidacy for the presidency. In accepting the appointment as an elector, he noted his reluctance in getting involved in politics following the demise of the Whig Party in the late 1850s, and his surprise at being chosen to participate.
It also disenfranchised supporters of the Confederacy, another bone of contention, since many locals had fought or continued to fight for the Confederacy at the time of the vote.
The new constitution was approved by a scant margin statewide, but in Kent, 1,196 of the 1,434 votes cast on Oct. 13, 1864 opposed it. Nonetheless, freedom for Maryland slaves became the law of the state on Nov. 1, 1864, more than a year after Lincoln’s Emancipation Proclamation had been issued.
Perhaps that’s what drove him to run for the state senate in November 1865 against another Kent stalwart, Col. Edward Wilkins, who was associated with the “Radical Republicans.” Vickers won, with 562 votes against Wilkins’ 454.
In his second year as a state senator, 1867, he opposed the repeal of a law that required one of the U.S. senators elected by the state senate to be from the Eastern Shore.
The debate was part of the effort to reduce the power of the minority Democrats. The Republicans won, and the law was set aside. A vote afterward, to elect a U.S. senator, favored Gov. Thomas Swann, a Republican-turned-Democrat, but one who had opposed slavery and supported the 1864 constitution. At the time, Vickers was also in the running, but Swann’s own party convinced the governor to remain in that post, and Philip F. Thomas was chosen as the senator.
As noted, Thomas’ failure to be seated resulted in that singular March 4, 1868, election in the legislative session. Vickers was elevated to the federal post. It was a propitious election, and his role in taking on the weighty political office would have national consequences that echo most loudly in today’s divisive political environment.
Kevin Hemstock writes from Millington. The former editor of the Kent County News, his book, Injustice on the Eastern Shore, was published in 2015. He has also self-published a number of books on the topic of local history.
Common Sense for the Eastern Shore
Let your elected representatives and business and cultural leaders know that our Refuge and others like it all over the country deserve to be protected. They deserve our stewardship for the natural wonders they shelter, and because they provide refuge for people, too.
The Budget Deficit In a recent debate on closing Maryland’s budget deficit, Minority Leader Jason Buckel, a Republican delegate from Allegany County, made an important point: “The man upstairs has only been there for two, three years. I don’t blame him for our economic failures of the last 10,” referring to Democratic Gov. Wes Moore, who was elected in 2022. Ahead of the 2026 gubernatorial elections, Buckel’s comments highlight a key reality that many of his Republican colleagues seldom admit: It isn’t right to blame Gov. Moore for a budget deficit that has been brewing for years. Now projected at $3.3 billion, Maryland’s structural deficit is a problem that started long before Moore took office. In fact, it was first projected in 2017, during the tenure of former GOP Gov. Larry Hogan. This isn’t an opinion — it’s a fact that Buckel and other lawmakers, including Republican Del. Jefferson Ghrist, have bravely acknowledged. During that same debate, Ghrist remarked that the Department of Legislative Services had warned about this deficit throughout Hogan’s administration, yet he did little to address it. Ghrist pointed out that during Maryland’s “good years,” when the state received a flood of federal covid-19 relief dollars, spending spiraled without regard for long-term fiscal health. Hogan used these one-time federal funds to support ongoing programs, which masked the true state of Maryland’s finances and created an illusion of fiscal stability. Hogan continues to take credit for the “surplus” Maryland had in 2022 — even though experts repeatedly note it was caused by the influx of federal dollars during the pandemic. As Ghrist correctly observed, the lack of fiscal restraint and slow growth during the Hogan years laid the groundwork for the $3.3 billion structural deficit the state faces today. Indeed, Maryland’s economy has been stagnant since 2017, especially in comparison to its neighboring states, well before Moore took office. Compounding these challenges are President Donald Trump’s reckless layoffs and trade wars with our allies. Thousands of federal workers who live in Maryland are losing their jobs, which will cost the state hundreds of millions of dollars in lost revenue. Trump’s tariffs will also put an enormous strain on local businesses, including Eastern Shore farmers, who are now subject to up to 15% retaliatory tariffs on chicken, wheat, soybeans, corn, fruits, and vegetables. FY2026 Budget Considering this grim reality, Maryland’s lawmakers are making difficult, but necessary, decisions to shore up the state’s finances. Gov. Moore and state legislative leaders recently agreed to a budget that prioritizes expanding Maryland’s economy without raising taxes on most residents. In fact, 94% of Marylanders should see either a tax cut or no change at all to their income tax bill under the proposed agreement. Lawmakers also plan to cut government spending by the largest amount in 16 years, while at the same time making targeted investments in emerging industries, such as quantum computing and aerospace defense, so the state is less dependent on federal jobs. While the richest Marylanders might see their income taxes go up, it’s reasonable to ask someone making over $750,000 a year to pay $1,800 more to support law enforcement, strengthen our schools, and grow our economy. As for the proposed tax on data and IT services, these products aren’t subject to Maryland’s sales tax under current law. Maryland leaders want to modernize our tax code by levying a 3% sales tax on these products. Because they don’t raise income taxes on the majority of Marylanders and because state leaders are also cutting spending by billions, these ideas are fair. They’re also necessary after Gov. Hogan chose to kick the can down the road instead of addressing Maryland’s long-predicted deficit and now that Trump’s policies will lay off thousands of Marylanders and his tariffs will hurt our state. By making responsible choices now, Maryland leaders are putting the state on a path to long-term economic stability. Their decisions will help Maryland thrive, create jobs, and invest in the vital services that every resident relies on — without burdening hardworking families. I’m confident Maryland will emerge stronger, more resilient, and ready to lead in the industries of tomorrow. Elaine McNeil is chair of the Queen Anne’s Democratic Central Committee.
Among Donald Trump’s most recent targets is what he calls “rogue law firms.” At 6pm last Thursday, March 27, he issued an Executive Order (EO) aimed at my old law firm, WilmerHale, as one of those “rogue” firms. Approximately 15 hours later, the firm filed a 63-page complaint challenging the EO on multiple constitutional grounds. The EO is an “unprecedented assault on the bedrock principle that one should not be penalized for merely defending or prosecuting a lawsuit” and constitutes an “undisguised form of retaliation for representing clients and causes Trump disfavors.” And by 8pm on Friday, March 28, a little over 24 hours after the EO was first issued, a federal district court judge in Washington granted a request for a temporary restraining order, blocking key provisions of the EO from taking effect for now. In doing so, the Court found that “the retaliatory nature of the EO is clear from its face. There is no doubt that it chills speech and legal advocacy and qualifies as a constitutional harm.” The Executive Order The EO and a so-called “Fact Sheet” that went with it recites that the Administration is committed to addressing the significant risks associated with law firms, particularly so-called “Big Law” firms that engage in conduct detrimental to critical American interests. Wilmer Cutler Pickering Hale and Dorr LLP (WilmerHale) is yet another law firm said to have abandoned the legal profession’s highest ideals and abused its pro bono practice by engaging in activities that “undermine justice and the interests of the United States.” The specific examples offered in support of this conclusion: The EO asserts that WilmerHale “engages in obvious partisan representations to achieve political ends,” an apparent reference to the firm’s representation of Trump’s political opponents — namely the Democratic National Committee and the presidential campaigns of Joe Biden and Kamala Harris. The EO cites WilmerHale’s “egregious conduct” in “supporting efforts to discriminate on the basis of race,” an apparent reference to the firm’s representation of Harvard in the Students for Fair Admissions litigation. The EO accuses WilmerHale of “backing the obstruction of efforts to prevent illegal aliens from committing horrific crimes,” an apparent reference to the firm’s litigation related pro bono practice and successful challenges to immigration related policies. The EO accuses WilmerHale of “furthering the degradation of the quality of American elections,” an apparent reference to the film’s involvement in challenges to restrictive state voter-identification and voter-registration laws. The EO singles out certain current and former WilmerHale partners, including Robert Mueller, for special criticism by describing Mr. Mueller’s investigation as “one of the most partisan investigations in American history” and having “weaponized the prosecutorial power to suspend the democratic process and distort justice.” The EO then Revokes security clearances held by WilmerHale attorneys; Prohibits the federal government from hiring WilmerHale employees absent a special waiver; Orders a review and the possible termination of federal contracts with entities that do business with the firm; Calls for the withdrawal of government goods or services from the firm; and Calls for restrictions on the ability of WilmerHale employees to enter federal buildings (presumably including federal courthouses) and on their “engaging” with government employees. WilmerHale’s Complaint WilmerHale engaged Paul Clement, a former Solicitor General during the George W. Bush administration and a well-known advocate frequently representing conservative causes, to represent the firm in this matter. Assisted by some 15 WilmerHale litigators, the complaint names the Executive Office of the President and 48 other Departments, Commissions, and individual Officers in their official capacity as defendants. A variety of constitutional violations are alleged: The First Amendment protects the rights of WilmerHale and its clients to speak freely, and petition the courts and other government institutions without facing retaliation and discrimination by federal officials. The separation of powers limits the President’s role to enforcing the law and no statute or constitutional provision empowers him to unilaterally sanction WilmerHale in this manner. The EO flagrantly violates due process by imposing severe consequences without notice or an opportunity to be heard. The EO violates the right to counsel protected by the Fifth and Sixth Amendments and imposes unconstitutional conditions on federal contracts and expenditures. The complaint alleges that WilmerHale has already suffered irreparable damage in the 16 hours since the EO issued. The firm has been vilified by the most powerful person in the country as a “rogue law firm” that has “engaged in conduct detrimental to critical American interests. The EO will inevitable cause extensive, lasting damage to WilmerHale’s current and future business prospects. The harm to the firm’s reputation will negatively affect its ability to recruit and retain employees. Further Proceedings Temporary restraining orders constitute emergency relief upon a showing of likely success on the merits and irreparable harm were the temporary relief not entered. A later hearing will be held in order for the judge to determine whether a preliminary injunction should be issued preventing the government from executing the EO during the continued length of the litigation. Editorial Note: In light of the recent capitulation of several “Big Law” firms to the unreasonable and unconstitutional attacks by the Trump administration, WilmerHale is providing a blueprint for resistance as it fights back. More law firms need to be inspired by WilmerHale’s response to Trump’s demand for revenge on his so-called political enemies. John Christie was for many years a senior partner in a large Washington, D.C. law firm. He specialized in anti-trust litigation and developed a keen interest in the U.S. Supreme Court about which he lectures and writes.
Tom Timberman was one of the founders of Common Sense for the Eastern Shore. Sadly, he died last month. He will be missed. Common Sense exists because of his leadership and inspiration. His vision was to provide factual and timely commentary and analysis on topics that concern people who live and work on Maryland's Eastern Shore, and to provide factual reporting to help readers shape their own lives. It was important to Tom, as it is today to the editorial board, for Common Sense to help voters to be aware of the effects — personal and local — of decisions made at the federal and state levels. Especially relevant now is this from our Mission Statement: “We seek an America responsive to its citizens and its constitution.” We reprint this tribute from Bill Flook, President of the Democratic Club of Kent County : Many of us were deeply saddened to learn of TomTimberman’s passing last week. It’s hard to believe that such a strong Democratic voice is gone. I worked with Tom for much of the past decade on many good projects promoting our values and activities, including helping on his campaign for County Commissioner, and I’ll particularly miss following his lead as Captain of the Dawn Patrol. Our group met most Saturday mornings for coffee and some good chat, before heading up to Dems HQ to set up the booth there. We’ll miss you, Tom!
After over 12 hours of debate over two days (and a whole circus from the other side), the Maryland House of Delegates has passed HB 350, this year's state budget, and sent it to the State Senate. This budget is a deal between House Democrats, Senate Democrats, and Governor Wes Moore. It faces our state's $3 billion deficit head-on not with fantasy math, but with real choices: smart cuts and fair new revenue. This is what grown-up governing looks like. How We Got Here: Maryland’s budget problems didn’t start overnight. Leaders began warning about a shortfall in 2017 when Governor Larry Hogan was in office. Hogan made our state budget bigger every year, but the legislature wasn’t allowed to move money around or make common-sense changes. By law, they could only make cuts. In 2020, Maryland voters changed that. Starting in 2023, lawmakers finally got full power to shape the budget, not just cut from it. Instead of fixing the problem, Governor Hogan used federal COVID relief to hide our fiscal instability. Then, before leaving office, he drained our state’s savings from $5.5 billion to $2.3 billion to boost his image. Today, we are facing a new fiscal arsonist. Donald Trump’s trade wars and cuts to federal programs hit Maryland hard. We have more federal jobs and agencies than any other state, so we felt it worse than most. A University of Maryland study says Trump’s tariffs alone could cost us $2 billion. Trump/Musk's policies caused over 30,000 people in Maryland to lose their jobs, offices to shut down, and promised investments to disappear. These federal cuts added another $300 million to our budget deficit. COVID relief gave us a short break and even created a fake surplus under Hogan, but that money is gone now. Meanwhile, housing, healthcare, and college prices have gone way up. The Trump–Musk White House is making it worse by cutting even more funding, eliminating research, and gutting the services we rely on. That’s why Maryland had to act. We needed a real plan to protect working people, fund our schools and hospitals, and keep our state strong. Why Cuts Were Needed Trump’s trade wars and cuts to federal agencies hit Maryland harder than any other state. A University of Maryland study says those tariffs alone could cost us $2 billion. That hurts real people: A chicken farmer on the Eastern Shore is paying 25% more for fertilizer. A dock worker in Baltimore has fewer ships to unload. A restaurant owner in Western Maryland can’t afford eggs and tomatoes. We’ve lost over 30,000 jobs. Offices have shut down. Promised investments disappeared. The decisions of the Trump/Musk administration added $300 million to our state deficit.
The 2024 presidential election was over swiftly. The Associated Press called it at 5:34 am on Nov. 6, and by 8 am, President-elect Donald Trump was crowing about the “ historic mandate ” given to him by the American people. A “mandate”? Turns out not. Trump jumped to an early lead on election night, but in the following days, his lead diminished as mail-in and provisional ballots were counted. A Baltimore Banner article on Nov. 6 highlighted the “Trump shift” that had occurred in every political subdivision in Maryland, even in counties where Democrat Kamala Harris won. This shift described the increase in Trump support since his loss to President Joe Biden in 2020 . As of Nov. 6, the biggest Trump shift was an 8.1% increase in his support in red Cecil County, but there were also shifts in the central Maryland counties that are the state’s Democratic strongholds — 4.3% in Montgomery and lesser amounts in other blue counties. Fourteen counties recorded shifts of 4% or more. On the Eastern Shore, every county had a shift over 4.5% except Talbot (2.7%), and the five largest shifts were Shore counties. For the state’s Democrats, it did not look encouraging. But as mail-in and provisional ballots were counted across the state, the Trump shift was reduced everywhere, and as of Nov. 16, disappeared altogether in Garrett (-1.2%) and Charles (-0.1%) counties. The shift dropped below 3% in all Maryland counties. Cecil’s shift became 2.1%. Montgomery’s shift dropped to 2.9%. Talbot’s shift declined to 0.2%, lowest of the Eastern Shore counties. Now, instead of five, only two of the highest five shifts were in Eastern Shore counties. The red bars in the chart below represent the Trump shift percentage values as of Nov. 16, in ascending order. The grey bars represent the misleading (and ephemeral) Trump shift percentage values as of Nov. 6. Please note the degree to which the Trump shift lessened and disappeared in the 10 days after the election. Another red mirage. But if you had only read the Nov. 6 article and not looked at the updated data, you would have been fooled into thinking Trump support is stronger than it is.
