Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1864-10-06
BxEcCIIvE DEpARrhE.r,
TO-. -. M ton,

u. IL. fdyFudtr, Esq
Dear SIR have received your note of the
18th instant, calling my attention to meme
rial of the citizens Ut Calvert county. which
Won as the chairman of the committee charged
% present the, same, have enclosed to me.-
This memorial, after setting forth the coEsti-
tutional objections TO the cain which the late
State Convention directs should be propoundcd
by the Judges of Elections 10 all voters who
may offer tu,vote upon the adoption or rejection
OF the new Constitution framed by that Con
vcu,icn appeals to Inc to Instruct said Judges
Of Election t. disregard said requirement, and
to disregard it myself by Announcing that
will moi count the votes of any county where
such oath i, administered 10 the voters. Such
an act on he part of an Executive Of Al State
would be y proceeding, as it seems to me, OBJ
noxious to the gravest objections, entirely
without precedent, and likely to lead TO the
most injurious results.
deem it altogether uunecessNr, TO enter
into any argument rs 10 the propricty or con-
s,itutional ~ Of the act Of the Contention TO
which you take exceptions. Ii is defended by
many upon thegiouad Of similar provisions in
the Constitutions of other States, and under
the clause Of the Act of Assembly authorizing
the assembling OF the Convention which gave
il authority for providing for the vote OF the
people upon upon The adoption CT the Consti-
tuition, "subioct TO such rule and regulations
as said Convention may prescribe But with
out undertaking to defend the clause in the
Constitution prescribing the oath, u IS enough
for me to say that the decision OF We Question
Of its uncorsttutiunn!ity does not belong To
ne; that it would be altogether improper for
me 10 undertake to decide it, it being purely II
Judiciary Department Of the State, whose func-
tions I sioad be usurpn9 were TO venture
tpon the proceeding you suggest.
The memorial assumes TO rely upon my in
reference in the mode solicited upon the ground
That objected to the military order of Gen
Sohenck, of November, 1853, by which an
oath was prescribed to the voters, TO be pro-
pounded by the Judges of Election, and they
incnaccd with arrest in case they refused to
administer it. | did in that case interfere
calling the attention of the Judges of Election
to the laws Of the itttr and promising them
the protection Of the State if these laws were
faithfully observed need hardly specify I'll
the points of difference between the two cases,
IL military commander, without any authority
whatever TO modify the laws or Constitution
of the State, undertakes nevertheless to do so,
and TO prescribe % the officers OF the State a
rule OF action not permitted by these laws.
In the case row being noticed, majority OF
the voters Of the State have elected II Cohren-
ton, and charged them with thu performance
OF duties most i'm portant and authoritative that
ton of new State Constitution. Such bodies
in this 3tatc and many Others, have been re-
garded us invested with the most plerary pow
crs. In 1851 Il similar Convention adopted the
Constitution under viii n we at present live,
although the Constitution which they thereby
superseded expressly declared that rar' Of
i, should be altered, chginged or abolished
bat by an act of Assembly, passed and graft
fed in the manner which our first Constitution
prescribed.
Were to undertake to declare that cl use
introduced into u Constitution, framed by
such body, and adopted by large majority
of its members, was unconstitutional aud ought
not TO be obcycd, | would not only be unlitw-
fully exercising, rs Gave rlready said, judi
cal function, but should be most grostly
wanting in that respect justly due and hereto
fore always rendered a body of that deserip-
ton.
Please, therefore, make known TO the cti-
gems you represent the reasons why cannot
interfere in the manner thev request, but Oh
the con trary. feeling myself bound by the 10th
scctioa Of the 18th article of the Constitution,
as adopted by said Convention, shall only
count such votes as are certified in the manner
thereby prescribed.
Very respectfully, your obcdi.ift servant.
A, W. BRAproRD.