earnest attention to the subject matter of it. At my 

 call Gen. Scheuck has attended, and he assures me 

 it is almost certain that violence will be used at some 

 of the voting places on election day, unless prevented 

 by his provost guards. He says that at some of 

 those places the Union voters will not attend at all 

 or run a ticket unless they have some assurance of 

 protection. This makes the Missouri case' of my 

 action, in regard to which you express your ap- 

 proval. 



The remaining point of your letter is a protest 

 against any person offering to vote being put to any 

 test not found in the laws of Maryland. This brings 

 us to a difference between Missouri and Maryland, 

 with the same reason in both States. Missouri has, 

 by law, provided a test for the voter with reference 

 to the present rebellion, while Maryland has not. 

 For example, General Trimble, captured fighting us 

 at Gettysburg, is, without recanting his treason, a 

 legal voter by the laws of Maryland. Even General 

 Schenck's order admits him to vote, if he recants 

 upon oath. I think that is cheap enough. My order 

 in Missouri, which you approve, and Gen. Schenck's 

 order here, reach precisely the same end. Each 

 assures the right of voting to all loyal men, and 

 whether a man is loyal each allows that man to fix 

 by his own oath. Your suggestion that nearly all 

 the candidates are loyal I do not think quite meets 

 the case. In this struggle for the nation's life, I 

 cannot so confidently rely on those whose election 

 may have depended upon disloyal votes. Such men, 

 when elected, may prove true, but such votes are 

 given them in the expectation that they will prove 

 false. Nor do I think that to keep the peace at the 

 polls, and to prevent the persistently disloyal from 

 voting, constitutes just cause of offence to Maryland. 

 I think she has her qwn example for it. If I mistake 

 not, it is precisely what Gen. Dix did when your 

 Excellency was elected Governor. I revoke the first 

 of the three propositions in Gen. Schenck's General 

 Order No. 53, not ihat it is wrong in principle, but 

 because the military being, of necessity, exclusive 

 judges as to who shall be arrested, the provision is 

 liable to abuse. For the revoked part I substitute 

 the following: 



That all Provost Marshals and other military offi- 

 cers do prevent all disturbance and violence at or 

 about the polls, whether offered by such persons as 

 above described, or by any other person or persons 

 whatsoever. 



The other two propositions of the order I allow to 

 stand. Gen. Schenck is fully determined, and has 

 my strict order besides, that all loyal men may vote, 

 and vote for whom they please. 



Your obedient servant, 

 A. LINCOLN, President of the United States. 



The order of Gen. Schenck above mention- 

 ed was dated Oct. 2Vth, but first published in 

 Baltimore in the evening " American " Nov. 

 2d, and is as follows : 



HEADQUARTERS MIDDLE DEPARTMENT, ) 



EIGHTH ARMY CORPS. > 



BALTIMORE, MD., October 27M,, 1863. \ 



It is known that there are many evil-disposed per- 

 sons now at large in the State of Maryland, who 

 have been engaged in rebellion against the lawful 

 Government, or have given aid and comfort or en- 

 couragement to others so engaged, or who do not 

 recognize their allegiance to the United States, and 

 who may avail themselves of the indulgence of the 

 authority which tolerates their presence to embarrass 

 the approaching election, or, through it, to foist 

 enemies of the United States into power. It is 

 therefore ordered : 



I. That all provost marshals and other military 

 officers do prevent all disturbances and violence at 

 or about the polls, whether offered by such persons 

 as above described or by any other person whom- 

 soever. 



MARYLAND. 



619 



II. That all provost marshals and other military 

 officers commanding in Maryland shall support the 

 Judges of Election on the 4th of November, 18C3 

 in requiring an oath of allegiance to the United 

 States, as the test of citizenship of any one whose 

 vote may be challenged on the ground that he is not 

 loyal, or does not admit his allegiance to the United 

 States, which oath shall be in the following form and 

 terms : 



I do solemnly swear that I will support, protect, and de- 

 fend the Constitution and Government of the United States 

 against all enemies, whether domestic or foreign ; that I 

 hereby pledge my allegiance, faith, and loyalty to the same, 

 any ordinance, resolution, or law of any State Convention or 

 Legislature to the contrary notwithstanding ; that I will at 

 all times yield a hearty and willing obedience to the said 

 Constitution and Government, and will not, either directly 

 or indirectly, do any act in hostility to the same, either by 

 taking up arms against them, or aiding, abetting, or counte- 

 nancing those in arms against them ; that, without permis- 

 sion from the lawful authority, I will have no communica- 

 tion, direct or indirect, with the States in insurrection against 

 the United States, or with either of them, or with any per- 

 son or persons within said insurrectionary States; and that 

 I will in all things deport myself as a good and loyal citizen 

 of the United States. This I do in good faith, with full 

 determination, pledge, and purpose to keep this my sworn 

 obligation, and without any mental reservation or evasion 

 whatsoever. 



III. Provost marshals and other military officers 

 are directed to report to these headquarters any 

 judge of an election who shall refuse his aid in 

 carrying out this order, or who, on challenge of a 

 vote being made on the ground of disloyalty or 

 hostility to the Government, shall refuse to require 

 the oath of allegiance from such voter. 



By order of Major-Gen. SCHENCK. 

 W. H. CHESEBROUGH, Lieut.-Col. and A. A. G. 



On the same afternoon the Governor issued 

 the following proclamation, instructing the 

 Judges of Election to obey the election laws : 



PROCLAMATION BY THE GOVERNOR. 

 STATE OF MARYLAND, EXECUTIVE DEPARTMENT, ) 

 ANNAPOLIS, November 2d, 1863. f 

 To the Citizens of the State, 



and more especially the Judges of Election : 



A military order issued from the Headquarters of 

 the "Middle Department," bearing date the 27th 

 ult., printed and circulated, as it is said, through 

 the State, though never yet published here, and 

 designed to operate on the approaching election, has 

 just been brought to my attention, ana is of such a 

 character, and issued under such circumstances, as 

 to demand notice at my hands. 



This order reciting "that there are many evil-dis- 

 posed persons now at large in the State of Maryland, 

 who have been engaged in rebellion against the law- 

 ful Government, or have given aid and comfort or 

 encouragement to others so engaged, or who do not 

 recognize their allegiance to the United States, and 

 who may avail themselves of the indulgence of the 

 authority which tolerates their presence to embarrass 

 the approaching election, or through it to foist ene- 

 mies of the United States into power," proceeds 

 among other things to direct "all provost marshals 

 and other military officers, to arrest all such persons 

 found at or hanging about, or approaching any poll 

 or place of election, on the 4th of November, 1863, 

 ana report such arrest to these headquarters." 



This extraordinary order has not only been issued 

 without any notice to, or consultation with the con 

 stituted authorities of the State, but at a time and 

 under circumstances when the condition of the State, 

 and the character of the candidates, are such as to 

 preclude the idea that the result of that election can 

 in any way endanger either the safety of the Govern- 

 ment, or the peace of the community. 



It is a well-known fact that, with perhaps one 

 single exception, there is not a Congressional candi- 

 date in the State whose loyalty is even of a question- 



