New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-06-22
THE MARYLAND CASE.

THE MARYLAND CASE.
The undenied and undeniable facts that the
Secessionists of Maryland voted almost en- masse
at the election held throughout that State on
the 10Th and 18th of last OctOber-that, to do
this, they were obliged to swear what was
absolutely and expressly false-that they were
advised and encouraged so to swear by sundry
leading politicians, including Reyerdy Johnson
then and now o. S. Senator, and a Unionist of
the Mcclellan variety--and that the Copper
head press throughout the country justified and
still justify them in so doing stigmatizlng the
exaction of such an oath as "the fraud "-ali
these are already established. We do not care
further to argue the matter; but its subslstlng
Importance, in view Of the reconstruction "
still before us and the attempts made to exclude
the votes of imponitent Rebels, impels us to
some further calculation.
Art. /. of the New Constitution then voted
on is entitled effective Franchise" and Its
only disqualifying sections arc rerbatim as
follows:
SIC g. No person above the age Of twenty one years
hardened by the Governor shall thereafter be en-
titled vote at any election in this state ana no
unstic person non oompos nenfts Sha he eh'cu W
vote. . 4,
SFc No person who has at any time been IN armed
hostility 10 the United States or the lawful authorizes
thereof or who has been In any manner 10 the service
of tho socaled Confederate States OF America anu
no person who has voluntarily left this state ana gone
within the military lines Of the so'called Coniederate
States or armies with the purpose OF adherbR 10 sad
States armies and no person who has gwen any mn
armed hostility to the United States or IN any manner
adhered to the enemies Of the United States either ny
contributing TO tho enemies Of the United States or u
lawfully sending within the lines II such enemies money
or goods or letters or information, or who has ans
loyaly held communication with the enemies OF the
United States WHO has advised any person 10 enter
the service Of the said enemies aided any person 80
to enter who has By any open deed OF word declared
his adhesion to the cause OF the enemies OF he ohea
States or his desire for the triumph OF said enemies
over the arms Of the United States, shall ever be ent
tied to any election to be held in this State or TO
hold any Office OF honor profit or trust under the law"
Of this State unless since such unlawful acs ne sha
have voluntarily entered into the military service OF the
United States and been honoraby discharged there
from or shall be the day Of election actually ana
voluntarily in such service, unless he shall be re-
stored TO his full rights Of citizenship BY an act OF the
General Assembly passed BY vote OF tWolirus Oh M
the members elected TO each House and II shan be the
duty Cf all Officers Of Registration and judges OF Eiec'
tion eareully 10 exclude from voting or being regis
tered all persons above disquaiihedi ana the
Judges Of Election at the rst election held under TINS
administer to any person Offering to vote the following
oath Affirmation go
II do swear Tor asrm that am creu Of the United
States have any aid cognen,hcr OF sup
por 10 those In armed Hostility United states that
have srpre,.sd desire for the Triumph Of I'D enee.
over b. arm. the ned States aud that VIII bear True
faith aud the United State. and support the Con
situation and laws thereof the 'upremc Jaw Of "a. a
any law OF ordinance any State 10 the contrary no'Hh
standing. that will Ia al respects drui-.n my.eh 10Y "
cren Of the United States. and make tn. oa, OF sI"a
without reservation or evasion and believe u 20 DO
binding Oh me- Al It'll .o,
b. allowed 10 vote but the taking OF such oath shaii
not be deemed conclusive evidence OF the right OF snch
person TO vote and any person swearing or aiirinihg
falsely shall be liable penalties OF PERJURY ana IL shai
b. the duty Of the proper Officers Of Kegisfaon TO al
low no u, r.on to b. registered until he shall have taken
the oath ait rmaon above set out ana u shall Dc the
duty of the Judges OF Election IN AL thsI returns o
the rat election held under this Constitution to state In
their said that every person 10" hnr 'oeu ha
taken such Affirmation. But the provisions Of
this section IN relation to acts against the united
States shA not apply 10 person not citizen o the
United States who shall have committed such octs while
la the service of foreign country at war against
nsiura.cd. may be n"suraii,ed, under the laws OF
the United States and the oath above set forth shall be
taken In the of such persons In such sense.
Such, literally is " the fraud" " the inia.
nous fraud" so denounced and stigmatized by
T1e World, and which Mr.. Johnson, with its
hearty approval, counseled the Secessionlsts of
Maryland to swear falsely to circumvent. The
case in hand, and the whole Of it, turns on these
issues: /. Had Constitutional Convention,
elected by the People and embodying the Sove-
regnty Of the State, right to impose an oath
of loyalty on those who should vote to
ratify or reject their Constitution 2. SuppoS-
ing the Convention had no such right, was it
proper aud justifable for the dsloyal pro-Slav-
cry citizens to take the oath falsely in order to
vote down the Free Constitution Simply
putting the material facts on record, we leave
the matter to be pondered and decided.