Year: 1864

tions of power exercised by the Maryland Conven-
tion for the purpose of securing the adoption OF
the new Constitution recently framed by it, and
ordered to be submitted to only portion of the
people for their ratification or rejection. As such
usurpation cannot be perpetrated in one State
without injury to the cause of constitutional jus
tice in every State of the Union, we recur to the
topic again for the purpose of placing in clear
light some of the fundamental principles of free
government infringed by the anomalous proceed
iDgs of the majority of the Convention.


II is known that the Convention, instead of pro-
viding for the popular submission of their work,
according to the statutes which regulate the cleo
tive franchise under the existing Constitution of
Maryland, has assumed the right to alter and
abolish those regulations, and to substitute for
them certain regulations which form part Of the
projected Constitution-an instrument as yet
wholly without any binding authority, and which
is professedy submitted to the people for the pur-
pose of testing their wish whether it ever shall
have any binding authority on the people. But,
by an anomaly as revolutionary in practice as it
is absurd in theory the Convention antedate the
/
far as to assume that part of the new Constitu-
tion is already the fundamental law Of the State,
overriding the existing Constitution, and displac-
ing the existing regulations in the matter Of the
elective franchise This is done in the first
place, by imposing restrictions on the right Of
suffrage which are not authorized by the pre-
sent Constitution and laws Of the State; and,
secondly, by extending that right to others,
(soldiers in the f,ld,) without any power to do
so under the present Constitution and laws of the
State Though the members of the Convention
were bound by their oaths to support the existing
Constitution in the act of framing new one for
the people, they have assumed in this respect a
right to alter and modify its provisions according
to their own Eotlons. " ".as.


The existing Constitution secures to every citizen
of Maryland the right to votein the district where
he resides. Il says he " shall be entitled to vote"
And the Legislature of the State has passed GER
tain regulations, which, so far they are in con-
formity with the Constitution, are the only rules
by which the judges of the election can suffer
themselves to be guided in any election held under
the present Constitution. This statement is so
automatic that it does not need any demonstration.
Nobody will contest its truth. If it needed any
affrmance it could be atundantly found in the re-
cent history of Maryland Wewill briefly re-traoe
it, not for the benefit of intelligent readers but for
the confusion of those who have undertaken to
trampe on the most primary principles of popular
government as regulated by constitutions and laws.


While Gen. Dix was in command of the Military
Department within which Maryland was then en-
braced he received request from the inspectors of
the election at New Windsor in Carroll county, ask
ing him to issue proclamation prescribing to voters
condition of exercising the elective franchise
that they should take an oath to support the Con-
stitution of the United States. There certainly
could be no objection to the imposition of such an
oath, if prescribed by competent authority-but
what did Gen. Dix reply? We cite from his an
swer to the superserviceabe inspectors as follows
| "Headsuarters Department of Pennsylvania.
| Baltimore Md } NoUember /, le6l.
GENTLEMEN have received Jour letter OF the 29h
ultmo a,kng to issue proclamation authorizing you


t. administer TO all persons of doubtful loyalty who offer


their the approaching election oath to support


toe Consti u,on Of the United States II had the power


would most cheerluy do so for 10 one who is false to
the Government ought to be allowed to But the Con-
stituiDn and Of Maryland prooide for the ersrese Of


the d cti,s traeise by regulations ,oh shieh hare
| right 10 interfere


Gen. Schenck the successor of Gen. Dix, was
not restrained by any such scrupes, lie assumed
. right to impose on the people of Maryland test
oath as qualification preliminary to the exercise
Of the elective franchise, and issued an order under
date of Ootober 27, 1868, directing all provost
marshals and other military officers commanding in
Maryland to support the judges of elections On the
4th of November, 1868, an requiring an oath Of
allegiance to the Ui ed States as the test of citi-
zenship of any one whose vote may be challenged
on the ground that he is not loyal, or does not ad-
NIT his allegiance to the United States" which
oath was in the following form and terms


al do solemny swear that will support prote ct and
defend the Constitution and Government Of the United
States against all enemies, whether domestic foreign


that hereby pledge my allegiance faith and loyalty to
the same any ordinance, resolution law Of any ate
Convention State Legislature to the contrary notWth


standing that will at all times yell hearty and will
ing obediencs 10 the said Constitution and Government
and will not either directly indirectly do any act IN
hostility 10 the either by taking up against
them aiding, abetug or counteDancing those in
against them; that without permission from the lawful
authority, will have communication, direct Indirect
with the States in insurrecton against the United States
or with either Of them, with any person persons
within said nsurrectonary States and that will in all
things deport myself good and loyal citizen of the
United states This do good faith, with full determi
nation pledge, aud purpose 10 keep this my obi.
CATION and without any mental reservation or evasion
whatsoever"