franchise, that is, the majority report of that
committee. According to parliamentary-
practice it is proper to first proceed to perfect
the original proposition, that is, the majority
report, before the vote is taken upon the sub-
stitute.
The CHAIRMAN (Mr. Pugh.) The gentle-
man is correct. The majority report is now
open to amendment; if none are offered, the
question will be taken upon the substitute.
The secretary will accordingly read the first
section of the majority report.
The first section was then read, as follows :
" Every white male person of twenty-one
years of age, or upwards, who shall have
been one year next preceding the election a
resident of the State, and for six months a
resident of the city of Baltimore, or of any
county in which he may offer to vote, and
being at the time of the election a loyal citi-
zen of the United States, shall be entitled to
vote in the ward or election district in which
he resides, in all elections hereafter to be
held; and every free white male person of
twenty-one years of age, and upwards, who
shall have been one year next preceding the
election a resident of the State, and for six
months a resident of the city of Baltimore, or
of any county in the State, and being at the
time of the election in the naval or military
service of the United States, shall, when the
United States are actually engaged in war,
be entitled to vote wherever they may be,
for any and all officers to be elected under
the constitution of this State or of the United
States, and the legislature is hereby required
to provide the means necessary to carry this
provision into full and complete operation
and effect; and at all such elections the vote
shall be by ballot. And in case any county
or city shall be so divided as to form portions
of different electoral districts for the election
of Congressmen, senator, delegate, or other
officer or officers, then to entitle a person to
vote for such officer, he must have been a res-
ident of that part of the county or city which
shall form a part of the electoral district in
which be offers to vote, for six months next
preceding the election; but a person who
shall not have acquired a residence in such
county or city, entiting him to vote at any
such election, shall be entitled to vote in the
election district from which he removed, un-
til he shall have acquired a residence in the
part of the county or city to which he has
removed."
Mr. BERRY, of Prince George's, I do not
propose to discuss this question at any
length. I do not propose to debate the minor-
ity report, for I presume it would be an im-
possible thing to get it adopted. But I am
in favor of adopting the first section of the
minority report in lieu of the first section of the
majority report. There are many reasons
which would operate upon my mind, to lead |
me to that conclusion. In the" first place,
this section of the majority report reaids:
"Every white male person of twenty-one
years of age, and upwards, * * *
and being at the time of the election a loyal
citizen of the United States, shall be entitled
to vote," &c.
The loyalty of the person I suppose is to
be tested at the polls when he proposes to
vote. If the section be adopted as it now stands,
then you give the judges of (lection the power
to refuse to receive a vote without the party
offering it shall first prove he is loyal. He
must prove that he is not disloyal, thus being
called upon to prove a negative. Does not
that put too much power in the hands of the
judges of election? Who can tell what they
may consider loyalty or disloyalty? You do
not define what loyalty is. If you were to
go on and define in what loyalty consists,
then the power given to judges of election
would not be so great, because then they
would have to be governed by the definition
which you make of loyalty.
Mr. STIRLING, Let me interrupt the gen-
tleman a moment. I think it is proper to
inform him—1 do not know what the con-
vention may think about it—that I propose
to offer a substitute for the second section of
the majority report. I agree with the gentle-
man that this word "loyal" should be
stricken out of this section. I am not dis-
posed to leave an indeterminate question to be
decided by the judges of elections. I may
as well read my amendment now, if the gen-
tleman will permit me and then he can go
on and discuss it. I do not propose to dis-
cuss it myself now.
Mr. BERRY, of Prince George's. Certainly.
1 should like to hear the gentleman's amend-
ment,
Mr. STIRLING. I propose to offer the fol-
lowing as a substitute for the second section
of the majority report:
"Sec. 2. No person who has at any time
been in armed hostility to the United States,
or the lawful authorities thereof, or who has
been in any manner in the service of the so-
called 'Confederate States of America;'
and no person who since the —— has
voluntarily left this State and gone within
the military lines of the so-called Confeder-
ate States or armies, unless he shall have gone
by the authority of the United States; and
no person who has given any aid, comfort,
countenance or support to those engaged in
armed hostility to the United States, or in any
manner adhered to the enemies of the United
States, either by contributing to the enemies
of the United States, or unlawfully sending
within the lines of such enemies money or
goods, or letters, or information, or who has
disloyally held communication with the ene-
mies of the United States, or who has advised
any person to enter the service of the said
enemies, or aided any person 90 to enter, or |
