504 



MARYLAND. 



Provision was also made for a vote of the 

 soldiers on the new Constitution, and at the 

 subsequent election for President and members 

 of Congress in November. The new Constitu- 

 tion authorized a poll to be opened in each com- 

 pany of every Maryland regiment in the service, 

 at the quarters of the commanding officer there- 

 of; the commissioned officers of such company 

 were authorized to act as Judges of Election, 

 and any one of them was made competent to 

 hold the election ; if no officer was present, two 

 of the voters could act as Judges of the Election ; 

 any voters of the State within ten miles of the 

 poll were authorized to vote. The judges were 

 required to take an oath, which each one could 

 administer to the other, to perform the duties 

 of judges according to law, prevent fraud, and 

 observe and make proper returns. 



When these sections were reported to the 

 convention, some of the committee presented 

 a minority report, of which the following ex- 

 tract contains their objections : 



The undersigned dissent from the report submitted 

 by the majority of the committee : 



1st. Because they believe the authority given to 

 soldiers in camp to vote at all elections will utterly 

 fail to have the efl'ect proposed by those who advocate 

 the measure. On the contrary, as the undersigned 

 believe, it will enable the officers who command the 

 soldiers to control the votes of those who feel and 

 know the power of their officers, to make them un- 

 fair in various ways, the penalty of disobedience to 

 their wishes. To a soldier on duty, the first great 

 lesson taught is, "obedience to his commanding 

 officer," military necessity requiring a rigid exaction 

 of this duty. It allows of no discussion or discretion. 

 To fail in the smallest respect ensures harsh treat- 

 ment, even in cases where martial law prescribes no 

 specific penalty. It will not be doubted that the 

 only safe approach to the favor of an officer is to 

 gratify his wishes by voting his ticket. 



2d. But whatever may be the propriety of taking 

 the votes of soldiers or their officers, the undersigned 

 cannot permit themselves_ to doubt of the concur- 

 rence of the Convention in their determined oppo- 

 sition to so much of the report of the majority as 

 provides for the immediate operation of portions of 

 the Constitution before its adoption by the people. 

 Surely if any one proposition in regard to our pro- 

 ceedings was universally accepted, by all who voted, 

 whether for or against a Convention, it was this, that 

 its work was to be submitted to and accepted by the 

 people of the State before it should have any effect. 

 Yet the majority propose that now, at the very mo- 

 ment when the question of adoption is being taken, 

 in the very act of taking that question, the people 

 shall be bound and governed by it, so far as relates 

 to some of its most important and vital changes of 

 the existing system of Government. What a strange 

 spectacle would be exhibited if the provisions now 

 proposed should be enforced as part of the new Con- 

 stitution, in direct opposition to the existing Consti- 

 tution, and yet the result show that the people will 

 not accept the new Constitution ! The present Con- 

 stitution exists until the new one is adopted. How, 

 then, can the provisions of the present Constitution 

 be violated, or interfered with, until the new one has 

 an existence, by the adoption of the people ? The 

 great purpose of the majority seems to be to deprive 

 those who form the constituency of this Convention 

 of the privilege secured to them by the present Con- 

 stitution, of passing upon the work of this body ; and 

 to this end, by newly-contrived oaths and by the aid 

 of the military, to confirm their proceedings. For 

 these, amongst other reasons, the undersigned 



protest against the report in the particulars men 

 tioned. 



In addition to the provision above mentioned 

 in the 4th and 23d sections of the Declaration 

 of Eights, the new Constitution provided for a 

 uniform system of public schools and an elective 

 judiciary. The right of confiscation in case of 

 treason was also secured. 



Those who were opposed to the new Consti- 

 tution objected particularly to the oath as in 

 conflict with the then existing Constitution of 

 the State. Their rights and privileges, they as- 

 serted, were held under a Constitution adopted 

 in 1851, and the laws made in pursuance thereof; 

 but the new Constitution which attempted to 

 regulate them, had not been adopted ; it was a 

 mere proposition to be accepted or rejected ; it 

 was without vitality or energy. Under those 

 views several applications were made to Gov- 

 ernor Bradford to instruct the judges of election 

 to disregard the requirement of an oath, and to 

 disregard it himself by announcing that he 

 would not count the votes of any county where 

 such an oath was administered to the voters. 

 In reply to these appeals the Governor declined 

 to act, on the ground that the decision of the 

 question of the constitutionality did not belong 

 to him ; it was purely a judicial question, prop 

 erly belonging to the Judiciary Department. 



An active canvass for votes ensued. Public 

 meetings were held in various parts of the State 

 by the friends of the new Constitution. At 

 one of these meetings held at Baltimore in the 

 evening of October 10th, the following letter 

 from President Lincoln was read : 



EXECUTIVE MANSION, \ 

 WASHINGTON, October 10, 1561 ; 

 Hon. Henry W. Hoffman : 



Mr DEAR SIR : A Convention of Maryland has 

 framed a new Constitution for the State ; a public 

 meeting is called for this evening at Baltimore to aid 

 in securing its ratification by the people ; and you ask 

 a word from me for the occasion. I presume the 

 only feature of the instrument about which there is 

 serious controversy, is that which provides for the 

 extinction of slavery. It needs not to be a secret, 

 and I presume it is no secret, that I wish success to 

 this provision. I desire it on every consideration. 

 I wish all men to be free. I wish the material pros- 

 perity of the already free, which I feel sure the ex- 

 tinction of slavery would bring. I wish to see in 

 process of disappearing that only thing which ever 

 could bring this nation to civil war. "I attempt no 

 argument. Argument upon the question is already 

 exhausted by the abler, better informed, and more 

 immediately interested sons of Maryland herself. I 

 only add that I shall be gratified exceedingly if the 

 good people of the State shall, by their votes, ratify 

 the new Constitution. Tours truly, 



A. LINCOLN. 



Of the entire vote cast on October 12th and 

 13th 30,174 were for the Constitution, and 

 29,799 against it majority 375. There were 

 also 94 ballots cast by persons who refused to 

 take the oath which were therefore rejected. 



The new Constitution required the Governor 

 on its adoption to issue his proclamation stating 

 the fact. The Governor, in a letter to the 

 public, on October 28th, says: 



A request was made of me recently by a committe- 



