MARYLAND. 



497 



vention might prescribe. At the time of voting 

 on the Convention question and for the election 

 of delegates thereto, it was made the duty of 

 the judges of election to challenge a voter on 

 the ground of not heing a citizen of the State, 

 that he had expatriated himself, or did not ad- 

 mit his allegiance to the United States. To 

 voters thus challenged an oath of allegiance 

 AV;I< to be administered as a test of citizenship. 

 The vote of those refusing the oath -was to be 

 rejected. The oath prescribed required the 

 challenged voter to swear that he had not borne 

 arms against the United States, or encouraged 

 persons in armed hostility thereto ; that he had 

 not yielded voluntary support to any Govern- 

 ment within the United States and hostile there- 

 to, or held office under any such pretended au- 

 thority, and furthermore that he would support 

 the Constitution and Government against all 

 enemies, foreign or domestic, and bear true al- 

 legiance thereto. The members of the Conven- 

 tion on assembling were required to take the 

 same oath. 



The bill reported by the minority submitted 

 the question of Convention or no Convention 

 to the voters at an election to be held on the 

 6th day of April, but did not provide for the 

 election of delegates at that time. The result 

 was to be certified to the Governor, who was 

 to announce it in a proclamation. The Gov- 

 ernor was also to communicate the vote to the 

 Legislature, if he should call an extra session,. 

 or if he should not convene one, then at the 

 next regular session of the Legislature. The 

 effect of the bill would then be, that unless the 

 Governor chose to convene an extra session of 

 the Legislature, provision for the election of 

 Delegates could not be made sooner than two 

 years. The bill provided no test oath for voters 

 or for members of the Convention. 



On the 18th the Committee in the Senate on 

 the same subject reported a bill similar to the 

 majority bill of the House without conferring 

 the right to require an oath of allegiance of 

 voters as a test of citizenship. 



On the 20th a motion made in the House 

 to amend the majority bill so as to postpone 

 the election of delegates to November, 1865, 

 was lost ayes 15 ; noes 51. On the 21st a mo- 

 tion to substitute the minority bill was lost 

 ayes 20; noes 51. In the Senate a motion to 

 postpone the election of delegates to November, 

 1865, was lost ayes 6; noes 15. These votes 

 were watched with intense interest by the 

 friends of immediate emancipation, who re- 

 garded them as test votes. 



On the 22d a motion was made in the House 

 to strike out of the bill the test oath. On the 

 next day it was carried ayes 33 ; noes 28. 



On the 27th the Senate adopted an amend- 

 ment providing that in all cases where voters 

 were challenged as to their right of citizenship, 

 on the score of having taken up arms against 

 the Government, or having given aid, counsel, 

 and encouragement to those in rebellion, it 

 should be the duty of the Judges of Election to 

 VOL. iv. 32 A 



put the party so challenged on his oath, and to 

 examine him as to the truth or falsity of the 

 charge. The vote was ayes 14 ; noes 3. 



On the 28th the Senate passed the bill before 

 it ayes 13; noes 2. The House on the same 

 day passed its bill ayes 45 ; noes 17. On 1-\1>- 

 ruary 3d the House passed the Senate bill with 

 some amendments ayes 43 ; noes 16. The 

 most important amendment was the striking 

 out from the first section all provisions relating 

 to military interference with the election, and 

 providing that the Clerks of the Circuit Court? 

 of the State, the Clerks of aU the Courts of Bal- 

 timore City, and the Registers of Wills, should 

 not be eligible as members of the Convention. 



The Senate, on the 5th, refused to agree to 

 these amendments. The House declined to re- 

 cede, and appointed a Committee of Conference. 

 In conference it was agreed that the House re- 

 cede from its amendment striking out that por 

 tion of the first section relating to military in- 

 terference at the election, and that the section 

 continue in the bill as it originally passed the 

 Senate. 



An amendment making members of the Le- 

 gislature of Maryland eligible to seats in the 

 Convention as delegates, but disqualifying the 

 Senators and Representatives in the Congress 

 of the United States, Judges of the Circuit 

 Court of Baltimore and all the counties. t!:_- 

 Judges of the Superior Court, Court of Common 

 Pleas, and the Criminal Court of Baltimore 

 City, the Clerks of all the said Courts, the Re- 

 gisters of Wills, and Sheriffs of all the counties 

 and the city of Baltimore, was adopted. 



An amendment was also agreed to requiring 

 that sixty-five members of the whole numbei 

 of delegates to the Convention ninety-six 

 should be elected under the provisions of the 

 bill before the Convention should organize; 

 and after such organization, fifty members the 

 number constituting a quorum of both Houses 

 of the Legislature at least to constitute a 

 quorum for the transaction of any busin 



The bill was passed with amendments of the 

 Conference Committee, in the Senate ayes 

 14 ; noes 2. House ayes 43 ; noes 15. 



The provision in the bill relating to military 

 interference with the election, was as fol- 

 lows : 



And in case any organized military or armed force 

 of the United Sta'tes shall appear at the places where 

 the polls shall be held, and shall interfere with said 

 election, unless such military or armed force shall be 

 called out by the judges of election, or other civil 

 authority charged with the preservation of the peace, 

 the said judges of election shall, under oath, certify- 

 to the Governor such unwarranted military inter- 

 ference with said election, in such election district or 

 precinct, and the Governor shall, immediately there- 

 upon, order a new election for delegates to said Con- 

 vention, after ten days_' notice, to be given by tha 

 Sheriffs as aforesaid, in such election district or 

 precinct, and such new election shall be held and 

 conducted in the manner and form hereinbefore pro- 

 vided ; and the Governor shall order a new election 

 for delegates from time to time as often as such 

 illegal military or armed interference with the elec- 

 tion shall be certified to him as aforesaid ; but such 



