Year: 1864

the following reasons LOT my VOto VIII re-
gard to the first amendment:


This is no ordinary step. II is not one
of those acts Of legislation that may be re-
nealed at our next session, if it prove I'M
wise or injurious, but it is a change Of the
organic law, which, if effected, cannot be
repealed save by the act Of two successive
Legislatures, and vote Of the people, and
even this canno. be done until five years
subsequent to its adoption. Such are the
provisions Of the Constitution. Beside
this, il is in substance a repeal Of the well
considered provisions OF the Constitution
o.! 1888 upon the subject Of the right Of
suffrage, and essentially q change and
modification Of the invaluable safeguards
that the wisdom Of ages has thrown round
The elective franchise. The time OF its
proposition, too, is Objectionable. We are
In the midst of great public commotion
The minds of men are in continual whlrl
of excitement and agitation and the
hour is unpropitious for that calm, unrut-
fed judgment that should preside over
our deliberations in the settlement OF
the questions of this magnitude.


Whatever may have been my sentiments
and opinions upon this amendment when
il was before this body at last session, the
Lessons of the past year have taught me to
fear the consequences of its adoption, and
driven me 10 an investigation of its mer-
its. In our own State we have seen the
military used by its controlling power TO
decide the contest for power and place,
and unjust discrimination made in favor
OF one party against another The soldier
whose independence of action and peculiar
party ve~s rendered him incapable Of
control, was permitted TO remain on duty,
whilst he who was willing to be subservi-
ent, OF was already possessed of the essen
tial requisite, was sent home to aid in the
election. Of the result we have no right
TO complain. The means made use of,
and the unblushing avowal of them, are
TO my mind alike fearful and portentous.


We have seen the dearest rights Of
free and patriotic people in the States OF
Maryland, Delaware and Kentucky ruth
lessy invaded by the Executive, the bayo-
net OF the soldier used TO control the bal
lot Of the freeman, and the will of the
people made to yield to the power offorce.
In each of those States the ballot-box has
been trampled in the dust, and the miu-
ions of power have been elevated to place



So, too, in the rebellous States, we have
seen the rebel and the patriot united in
the same degree; and they who have nev-
er raised the hand of rebellion, or sympa-
thized with its acts, must lowly abase
themselves, or be deprived Of the right of
suffrage Those who have committed no
crime, who have been guilty of no act of
rebellion, must subscribe to slavish oath,
must degrade their manhood, and bOsely
cringe at the feet Of power, or he disiran-
chised. AS condition precedent to the
pardon Of rebel, this might we'll be done
but as a prerequisite to the right Of suf-
frage by "loyal" man, it is the sheerest
tyranny, 1t may be doEe in Louisiana or
in Tennessee. If the egis Of the Constitu-
ton be insufficient to protect the lover of
the Union there, may we not justly fear
its power here,


TIE abstract proposition embodied in
this amendment appears to many minds
at first blush reasonable and just one.
1t requires an inquiry into and some ex,
animation of our elective and criminal
system to demonstrate TO such minds the
utter mpossibility of guarding the ballot
box in the army, outside OF the Common
wealth, from foul and loathsome fraud. IT.,
therefore, It be impossible to protect tins
right of suffrage from fraud at distance
from the Commonwealth, surely its eX-
ercise cannot be advocated with propriety.


The elective franchise within the State
is guaranteed to the qualified elector un-
der a we'll considered and most carefully
guarded system Of law. The place OF elec-
iion is fixed by law an enrolment o!
voters is made by sworn officers lists of
voters are published in advance of the el-
ection; the right of challenge at the polls
is protected peace officers command the
place OF election to protect and defend the
right a highly penal code Of statutes,
consisting of no less than twenty different
sections, prescrbes tho punishment for
interference with the ballot, for fraudu-
lently exercising the right, or for frauds
committed by the election officers oaths
of the most binding character are admin
iste:ed to the officers holding the election,
and they must all be citizens of the Com.
monwealth and qualified electors.


Now, can you designate in advance n
place for the holding of elections in ,he
army2 Can you there exercise the ruri
flying rights of challenge Can you de
wise a system of Guards and checks by
which you can prevent frauds You may
answer that frauds have bean perpetrated
within the State. True, they have grosI
and glaring outrageE upon the purity o
the ballot-box have been committed with
in the Commonwealth, They who com
nit them are amenable TO your laws, anc
can be, and have been, punished for theii
Offences. The fact of their commission
here, in defiance of all the penalties sur
sounding them, proves that they can b'
and will be committed in the army. They
car be punished here in the army they
nay De committed ioih impuopity. And affirm
tnat the most learned and ingenious lega


m;nd' not excepting the most learned ano
hple clalrMap OF tho Judlciary Commlttes