The Portland daily press., 1866-10-25
The BALTIMORE Police Commis.ioner..


The BALTIMORE Police Commissioners.
The political trouble in Maryland has re-
Gently assumed serious aspect In order to |
understand the exact nature of the difficulty. |
it is necessary to remember that in 1860 the
entire vote Of the State was 92,142, and the
Democratic majority was S7,454 In 1864 the
vote for President stood 40153 for Lincoln
and 32,730 for Mcclellan, showing a marked |
change in the opinions of the people. con- |
stitutional convention was held the same year,
and the following section was adopted in the
convention by vote of 80 to ~:
Sec. a. No person who has at any time been |
in armed hostility to the United States, or the
lawful authorities thereof, or who has been in
any manner in the service of the so-called
Confederate States of America" and no per-
son who has voluntarily left this State and
gone within the military lines of the so-called
Confederate States of America" or armies,
with the purpose of adhering to said States or
armies, and no person who has given any aid,
comfort, countenance or support to those en-
gagged in armed hostility to the United States,
or in any manner adhered to the enemies of
the United States, either by contributing to the
enemies of the United States or unlawfully
sending within the lines of such enemies mon
ey, or goods, or letters of information, or who
has disloyally held communication with the en-
emies of the United States or who has advised
any person to enter the service of the said enc
mics, or aided any person SO to enter, or 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, shall ever be entitled to vote at any
election to be held in this State, OF to hold any
office of honor, profit or trust under the laws
of this State, unless since such unlawful acts
he shall have voluntarily entered into the mil
itary service of the United States, and been
honorably discharged therefrOm, or shall be on
the day of the election actually and voluntari-
ly in the service, or unless he shall be restored
to his full rights of citizenship by an act of the
General Assembly passed by a vote of two
thirds OF all the members elected to each House;
and it shall be the duty of all officers of regis
tration and judges of election carefully to ex-
cude from voting, or being registered, all per-
sons 40 as above disqualified; and the judges of
constitution, shall and at any subsequent cleo
ton may, administer to any person offering to
vote the following oath or affirmation:
81 do swear or affirm, that 1 am citizen of
the United States; that have never given any
aid, countenance, or support to those in armed
hostility to the United States; that have new
er expressed desire for the triumph of said
enemies over the arms of the United States;
and that will bear true faith and allegiance to
the United States, and support the Constitu-
the land, any law or ordinance of any State to
the contrary Notwithstanding; that L will in all
respects demean myself as loyal citizen of
the United States; and make this oath or af-
tirlnation without any reservation or evasion,
and believe it to be binding on me-" And any
person declining to take such oath, shall not be
allowed to vote; but the taking of such oath
shall not be deemed conclusive evidence of the
right of such person to vote; and any person
swearing or affirming falsely shall be liable to the
penalties of perjury, and it shall be the duty of
the proper officers of registration to allow no
person to be registered until he shall have TAX
en- the oath or affirmation above set out; and it
shall be the duty of the Judges of Election, in
all their returns of the first election held under
this Constitution, to state in their said returns
that every person who has voted has taken such
oath or affirmation.
This section makes completely with treas
on sufficient ground of Acknowledgement. On
account of this provision and another abol-
ishing slavery 30 members of the convention
united in protest against the adoption of
the new constitution, which however was rat
flied by the people. The election was held
through two days, and the vote stood 3O,174
forand 29, 100 against the constitution The OBJ
position appealed to Gov. Bradford not to
proclaim the adoption of the constitution, on
the ground that the majority was made up by
the votes of Union soldiers in the field The
objection was overrued by the Governor.
They then made up a case and carried it into
the Court Of Appeals, where it was decided
against them, Justice Bowie proncuncing the
opinion of the Court The section which we
have quoted is therefore part of the ftmda-
mental law Of Maryland. We observe that
ia riof n
troubles in that State, are careful not to pro- |
duce this constitutional provision. 7eq
1t is greatly within bounds to say that In |
1861 half the people of Maryland favored the |
rebellion so far as they dared. Even McClel- |
Ian, it will be remembered, was on one occa-
sion compelled to put the whole Maryland
Legislature under arrest. Since the adoption |
OF the constitution of 1864 all this has been |
changed. Governor Swami owes his own cleo |
lion to the registry law, passed in accordance |
with the fourth section of the constitution
That law provides for the election of police |
commissioners in Baltimore by the legislature,
and leaves TO the commissioners the appoint /
ment of judges of election. The present COM
missioners are faithful Unionists and the iudg-
es appointed by them are resolute to enforce
the law. At the recent municipal election the
law was rigidly enforced, and the mayor and
council are thoroughly loyal.
The success of the johnson policy in Mary
land depends largely upon the vote Of Balti-
more. The Second Congressional district lies
partly and the Third wholly in Baltimore
The city elects also Fl members of the legis-
lature. In the Third district Charles E. Phelps
is the sitting member, ard voted at the last ses-
sion for the appointment of committee on re-
construction and in favor of the Freedmen's
Bureau bill and the constitutional amendment,
Since the adjournment he has denounced
these measures and is now candidate for re-
election ON the johnson platform. In the
Second district, Stevenson Archer, who has
always been in sympathy with the Rebels, is
a candidate and is backed by the whole infu-
ence OF the President, exerted as usual through
the channel of Executive patronage. Neither
OF these men can be elected unless returned
Rebels and their friends are allowed to vote.
Governor Swami, like Mr.. Phelps, has gone
over to the President and is a candidate for
the United States Senate, to replace Senator
Creswell. A Rebel legislature is indispensa-
BILE to his success.
Now it so happens that under the instrnc-
tons of Reverdy johnson, Montgomery Blair
and Gov Swami, all of whom pronounce the
test oath unconstitutional without regard to
the decision of the courts, many rebels are
ready to perjure themselves by taking the
oath. Mr. johnson represented the taking of
the oath as mere tormality, unjustly required
and therefore without force or significance,
and advised everybody to comply Luckily
the constitution leaves the option to the
Judges of elections cause being shown. to re-
ect vote notwithstanding the taking of the
bath. The present judges have faithfully car.
led out the law, in both letter and spirit, and
he wholesale perjury advocated by the disin-
crested gentlemen named, has hitherto prov