Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1864-01-25
WHOLE NO. 1880

constituted authorities 20 important 10 the tri.
uuph Of the great cause they have IN charge
The moral influence Of such sentiments IS worth
70 those administering the government far more
than any results OF an election where such pro-
ceedings are tolerated. But. notwitbstanding
their concurrence. I trust and believe they win
never cause you 70 forget your duty 20 your
country. cool your ardent devotion TO the Union,
lead You 10 feel The slightest sympathy with
those who have assailed it or - seek fellowship
with them thai do. t0 Hat
major General Dix. when In command of
this department a. the time Of the election in
1861 aud when, too. rebellion was backed by its
organized supporters In very midst. took the
true and statesmanlike view Of the policy proper
Tor such an occasion. when. In directing his Pro-
yost Marshal. he said that. whilst there was no
difficulty In controlling MARYLAND by force, this
was not what was wanted but that We wished 10
control il by the power Of opinion. aud that. 20
satisfy the country that the people were our
side. We must leave them 20 an unbiased ex
pression Of ther wishes They were left % that
unbiased expression. and such was its character
that had supposed that no one would still re-
quire evidence Of their loyalty. General Dix
was even appealed 70 by some Of the judges Of
election to authorize oath 10 voters Of doubt
ful loyalty. and although it appears IRON the
tenor OF his reply, that the oath suggested was
nothing moro than an oath 10 support the Con-
stitution Of the United States he refused 10 order
IL, saving TO them. among other things The
Constitution and laws Of Maryland provide for
the elective franchise by regulations with which
i have no right to Interfere. a copy of this let
ter, dated November list, 1861, and addressed to
the Judges Of an election distric. Of Carroll
county, is herewith communicated. and CON-
mended to your attention.
Had the department commander who Issued
the recent order taken the same view Of his duty
IL would, In nav opinion. have been a fortunate
conclusion Of his military administration, which
had been previously distinguished by marked
ability and success. So far, however, as con-
Germs those more Immediately connected with the
preparation of that order il will doubtless appear,
should its unwritten history ever be published,
that the Commanding General deserved less CEN
sure than those who instigated It and to whose
influence he probably yielded the more readily,as
such instigations came partly from our own cit
liens. Such a consideration however, is by no
means calculated 10 diminish the danger Of such
precedent. Ii interested in accomplish
ing certain political results can by sny influence
enlist in their behalf such tremendous instra-
ment OF power as was here employed, no election
will probably ever occur in which the same means
will not be again attempted
"l on will perceive, by several OF the comma
nlcations have received on this subject, that i
have been appealed to 10 withhold commissions
certificates elections ia districts where these
abuses were practiced. possess, however. no
such power, nv duty in the premises beirg sim
ply ministerial one consequent upon the official
returns of the judges of election So frequent
ly were the applications TO me 10 this effect thatI
deemed il proper subject for legal advice. and,
having consulted the Hon. Reverdy Johnson he
forwarded to me written opinion sustaining the
views had entertained, and copy Of which is
herewith furnished.
at becomes you TO consijer whether there is
any remedy in your power by which such pro-
ceedings may be, in any degree. restrained. The
Constitution declares that all elections shall be
by ballot. and would earnestly recommend that
you secure the benefit of that provision by an ef-
fectual prohibition Of all such marks upon the
ballot as are calculated to expose its contents or
to distinguish one ballot from another IL. by
the use of colored paper. other means of 1esig-
nation sach exposure is effected, the whole object
of the constitutional requirement Is defeated.
Again, II that provision of our law which has so
long existed and been so universally considered
as one of the safeguards of free elections, which
forbids the mastering of armed troops in the
neighborhood OF the polls. be indeed no longer
admissible or appropriate 70 our condition, it
should be repealed, Otherwise you will see the
propriesy Of adopting some provision which shall,
If possible, cause j. 20 be respected. lt might
probably be accomplished by requiring the judges
of election to certify, in their return that mill
tary or other armed force had appeared at the
place of voting, or nteriered in the election, and
make such certificate a condition TO any executive
action thereon. y