The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1865-08-05
The Loyalty Of Voters.
THE DECISION or JUDGE SPENCE

p. Cannon claimed damages OF Benjamin 4.
Street, one of the Judges OF Election in Dorches-
ter county, for having refused to receive his vote
on the ground of djsloyalty. The case was tried
in the Circuit Court for Dorchester County, Ma
ryland, and is of deep interest in connection
with cases which are likely to arise under the
Registry Law.
After quoting and discussing the provisions of
the new Constitution prescribing the qualiica-
ton of voters, the Judge says
If these terms are not free from doubt, when con-
structed according to their natural and ordinary
Specification, we must collect the intention OF
the trainers of the Constitution according to the
established rules of exposition, from the con-
text. from the occasion and necessity, from the
mischief felt and the remedy in view.p In the
three sections of the Constitution Immediately
preceding, and the section Immediately following
| this, we find a common object and purpose--a
disposition of the elective franchises designa-
ton of the persons on whom the right is confer
| red and by whom it is to be exercised and en-
| loved, and, as we'll, designation or description
| of those persons on whom, on account of partic-
ular disqualifcations therein stated, lit is not
conferred, although they may fall within the
| general description of the former class.
1t cannot be properly said of the last named
this right but rather that it has not been confer
red upon them. This right, or franchise, which
| is not only the most important but the controll-
| ing power of the Government, is not an abstract
right inherent in the citizen OF the State, but is the
creature of the organic law and it has no existence
outside of it : nor is it the right OF any citizen
| until it is conferred upon him by it. Ii it was
AN abstract right inherent in, and necessarily in
cident to the citizen OF the State, then 1t would
| be unversal-common to all-withont regard TO
age, sex, condition or color. 1t has never been
| so recognized. But the people of every State in
framing their governments have universally Sc
| lected or designated (either by direct terms Of
choice or terms of prohibition and exclusion, j
from the whole body of the citizens, such class
| or classes of persons as in their judgment were
safe and proper fduciares of this important
power.
In our own State this selection has heretofore,
as in the present Constitution, been made by terms
of prohibition and exclusion, rather than by terms
| of choice-by excluding from the exercise of the
privilege those persons who though falling within
the general description OF those to whom the pri-
| yelege is granted, yet are deemed unsafe impro-
| per or neutrality-suspicious. of this power,
either from crimes of which they convicted, or
| unlawful acts perpetrated by them. But there
may be periods in the history of a State, when
| surrounding circumstances may make the senti-
ments and opinions of her citizens as unerring
tests of their unftness for the exercise of this
power, as their conviction of crime, their bribery
oil voters, or their circumstances Of age sex or
| color. Was not the time at which this Constitu-
| ton was framed and submitted to the people for
their adoption, such period in the history of
Maryland At the time that this Constitution
was framed our State was imperiled and invaded
| by Rebel armies the country was covered by the
ruin and deSolation of civil war; and our Nation
al Government was struggling for its very exist
en&e The executive and legislative history of
| the State at that period, afford abundant and
| painful evidence of the fact; that at that time
there were citizens, resident in the State coming
within the description and meaning and the quail
ifcations prescribed for voter by the first sec
| ton of this article, who would and were using
every means in their power short of acts which
would expose them to criminal prosecution and
| punishment, to aid those who, by armed force,
| were striving to destroy our National Govern
ment, and who, reckless alike of the past glori-
| Gus history of our State as of her future shame
| and present ruin, would involve her people in
the horrors of civil then raging, to fight I'M
| der the banner of treason and rebellion. Such
| persons might not have corrupted the ballot box
| by bribery and illegal voting nor have been
| convicted of an infamous crime, but were wisely
| deemed by the trainers of the Constitution as UNI
worthy of the privilege ofthe elective franchise
| They wrought their evil, not by overt acts of
treason, but by word and opinion, poisoning the
| public morals. Great was the occasion and
| such the necessities of the State at the time of
| the framing of this Constitution. Yea at
To meet this exigency, to check and restrain
| the men who, by their words and opinions were
infusing the deadly poison Of their moral treason
into the minds of the people, required the intro
| dncton of new causes of disqualification and
| new terms of exclusion, and such as had never
before been used in any Constitution. Hereto
fore conventions might well have confined them
selves to the use of terms of exclusion expressive
| of the material and physical; but an anxious
and loyal people in this exigency demanded some
| thing more-demanded the use of terms which
would reach the political ethics-the sentiments
and opinions, as well as the acts of the men, who
were to be fduciaries of this controlling power
| The words F." aid and comfort import things
material and physical something relating to, or
controlled by the acts of men. They were not
sufficient; term of higher import was demand
ed Hence the introduction of the word coun-
tenance !" word of more extensive meaning in
its ordinary and natural Specification, the ext
gency-reaching the feelings, sentiments and
opinions of men. This word, in its natural
and ordinary Specification, is defined, Ito favor"
" to abet" 6 to yindicate,'' g to encourage by
opinion or word ~ and it is apparent, from the
whole section, that it was in this sense that it
was used and introduced by the trainers of the
Constitution. The distinctive terms used to de-
scribe the persons engaged in the rebellion, as in
dividual persons, or as an organized body, most
| clearly indicate it-when the individual persons
are intended, they are described as g those enga-
| ged in armed hostility to the United States -
| when they areintended as an organized body to
which rebellious condition, from motives of hui
manity, and the necessity of the case certain be-
| ligerent rights have been accorded-they are de-
scribed as the s'so-called Confederate States"
| 6 the so-caled Confederate States or armies"
g the enemies of the United States" The differ
ent modes stated in this section by which the
countenance that would disqualify could be Civ
en- to those in armed hostility, show conclusively
| that such was their intention. No one can care
| fully read this section without arriving at the
conclusion that it was the sentiment which was
| to be reached, and the declaration of it in any
manner, by word or Decd which was to dsqual-
| ify. Acts which might be innocent of injury,
and which could work no harm either to the
Government or to individuals are in this section
denounced as giving countenance to those in
| armed hostility to the United States. Such an
act is the sending Of letter unlawfully, or in
mode not authorized by the Government, within
| the lines of the enemies of the United States.
This act so far as its consequences could be re-
garded, might be entirely innocent, yet such cor
respondence, indicating favor or approval, or
encouragement, prompted by disloyal senti-
ment, is denounced as giving countenance to
those engaged in armed hostility to the United
| States. Mere advice-which is but the expression
of an opinion-to enter the service of the enc
mics is similarly denounced, But probably, that
part of the section which declares that he gives
countenance to those in armed hostility to the
United States, "who has by any open deed or
word declared his adhesion to the cause of the
enemies of the United States or his desire for
the triumph of said enemies over the arms of the
United States" embraces the ordinary signif-
clnce of this term in its broadest and fullest
sense. The phraseoogy is peculiar. 1t is not
This adhesion to their cause" 1t is not decla-
ration, of fealty or allegiance to the Govern
ment of the enemies, but of sympathy with their
opinions, and approval of their acts. The ex-