Year: 1864




Legislature. January 7. 1864: ... -,


saI avail myself Of this occasion 10 advert 10
certain events connected with our recent election
which deserves your most serious consideration.
1t would be much more agreeable to me TO avoid
all allusion to them. L cannot, however. do 50
consistently with nv sense Of what is due to the
rights and honor of the State, to the Office which
by the favor Of its citizens l occupy, or--I may
with sincerity add-to the cause Of the Union L.
self. in my opinion so intimately blended with the
cause of the law and constitution that any out.
rage inflicted, and especially in its name upon
them, necessarily TO some extent recoils upon il.


"a few days before that election military or
der was issued from the army headquarters at
Baltimore which in effect placed the polls under
the surveillance and at the command of the mill
tary authority. l was the less prepared for any
such order from the fact that, though in frequent
personal communication with the military au-
thorties OF the department had received no
Information whatever OF such proceeding, or
any supposed necessity for it In that part of the
State against which ths movement seemed to be
more particularly directed the Eastern Shore)
there would seem 70 have been less necessity, as
there certainly was less semblance of authority,
than elsew here; for, whilst martial Law had been
proclaimed upon the WcsierB Shore of the State
in June last. and had not been repealed up TO the
day of election, upon the Eastern Shore il had
never been proclaimed at all.
"You will be furnished with copy of this Or
der. and IL Is not necessary further to reclte il,
than - state in general terms that il was execut
ed BY the military aided by the provost roarshals
They were TO arrest voters whom they might
consider disloyal, in approaching or hanging
about the polls; prescribed form Of oath was
furnished. without taking which, no one If chal-
lenged. could vote; and the several commanding
officers we're charged 10 report headquarters any
judge of election who should refuse 20 administer
that oath, or to aid in carrying out that order
The President modified the first of the order on
the Monday preceding the election: but even
that modification seemed TO receive no attention
from those in,rusted with its execution, and was.
in some instances, openly disregaried


Prominent among the provost ruarshsis to
whom the execution OF this order in part
committed. were several who we're themselves
candidates for important offices. These marshals,
appointed for the purpose OF the militia enroll
meut and draft, were plseed by The law creating
them under the control of the Provost Marshal
General; but, TO insure the right 10 employ them
about this election order. special authority WAS
obtolned from Washington, to place them for the
time being under the military authorities ~ lrf


"lf, with these facts before me, and seeing the
judges OF electioE sworn to conduct il according
to the laws of the State. openly mcnaced with
arrest unless they recognized the military author
ity and conducted il by the rules which that
authority prescribed. had stood silently by and
failed TO assure them of the protection of the
State to the extent of its ability, should have
fel: myself utterly unworthy of the place of its
Chief Magistrate. j. therefore, the Mon
day evening preceding the election. issued pro-
clamarion giving them that this assurance, a copy
of which is herewith submitted. Before the fol-
lowing morning, military orders were sent to the
eastern shore, directing its circulation 10 be sup
pressed, the public papers forbidden to pub
lish It, and an embargo was laid on all the steam
ers in port trading with that part of the State,
lest they might carry it.


can attempt has been made to justify the mill
tary order upon the ground that its only intent
was 10 exclude disloyal voters who had by their
conduct Justly forfeited their franchise An ex-
animation, however. of the oath which il pre-
scribed, will show that. eren had it emanated
from nndoubsed authority, it could accomplish no
such end. No matter what had been the conduct
of the voter, there nothing in the oath calcu-
lated 10 exclude him. IL had no reference to his
past conduct, and every traitor who had left the
State and had but just returned from the rebel
army, nigh; have taken il with impunity 1t
confined only = promise for future good behav-
ior-a promise which. AS very slight atonement,
many rebel sympathizer might and doubtless
did very readily make, whilst the loyal citizen
whJ had stood always faithful to his allegiance,
would feel justly indignant at having his loyalty
challenged, or being required 70 give any guar
antee for his future conduct, to enable him to
exercise privilege he had never forfeited. How
far it accomplished the purpose claimed for it, or
how far the antic,pations of the consequences of
the order aud the abuses to which il would lead,
were realized, will appear by erief reference to
some of the transactions connected with its exc
cuton sl


"These abuses commenced even before the
opening of the polls On the day preceding the
election The officer IN COMMAND of the regiment
which had been distributed among the counties on
the Eastern Shore. and who had himself landed
in Kent county, commenced his operations by ar
resting aud sending across the bay some ten or
more OF the most estimable and distinguished of
its citizens, including several of the most stead
fast and uncompromising oyalists OF the Shore
The jail of the county was entered, the lailor
seized, imprisoned, aud afterwards sent to Balti-
more. and prisoners cenbnel therein under in
dctment set at liberty The commanding of


cer referred to gave the first clue to tie charac
ter OF the disoyalty against which he considered
himself particularly commissioned by printing
and publishing proclam in which; referring
to the election TO take place the mex, day. he in
vted all the truly lloyd to avail themselves of
that opportunity ami ESTABLISH their LOYALTY by
giving a full and ardent support 10 the whole
government ticket upon the platform adopted by
the Union League Convention declaring that
none other is recognized by the Federal author
ities as loyal worthy OF the support of any one
who desires the peace aud restoration of the
Union To secure the election Of that ticket
seemed to be the business to which he and his Of
fcers especially devoted themselves throughout
the day OF election '1ef


"In the statements and certificates which have
been forwarded to me from different counties in
that Congressional district, have been furnished,
presume, with an account Of part only of the
outrages to which their citizens we're subjected.
The government ticket above referred to was in
several. if not ali. of these counties designated
by its color: il was yellow ticket and, Armed
with that, voter could safely run the gauntlet Of
the sabres and carbines that guarded the entrance
to tue polls, and known sympathizers with the
rebellion were, rs certified to me, allowed to vote
unquestioned if they would vote that ticket,
whilst loyal and respectable citizens, ready to
take the oath. were turned back by the officers in
charge without even allowing them to approach
the polls. In one district. as appears by GER
ti6cate from the Judge. the military officer took
his stand at the polls before they were opened,
declaring that none but the yellow ticket should
be voted, and excluded all Others throughout the
day. la another district similar officer caused
every ballot offered to be examined, and, unless
il was the favored one, the voter was required to
take the oath, and not otherwise: and in another
again, after one vote had been given, the polls
we're closed, the Judges all arrested and sent out
of the county, and military occupation taken OF
the town. ...


"But will not detsin you with recApltula
ton of the abuses that these statements disclose
l have caused copies of them to be transmitted
to you. and they cannot fail to arrest your atten
ton. They present humiliating record, such
as had never supposed we would be called upon
to read in any State. still less ia loyal one like
this. Unless il be indeed fallacy TO suppose
that any rights whatever remain 10 such State.