who has by any open deed or word declared
his adhesion to the cause of the enemies of
the United States, or his desire for the tri-
umph of said enemies over the arms of the
United States, shall ever be entitled to vote at
any election to be held in this State, or to
hold any office of honor, profit or trust under
the laws of this State, unless since such un-
lawful acts he shall have voluntarily entered
into military service of the United States,
and been honorably discharged therefrom, or
be on the day of election actually and volun-
tarily in such service, or unless he shall be
restored .to his full rights of citizenship by
an act of the general assembly passed by a
vote of two-thirds of all the members elected
to each house; and it shall be the duty of all
officers of registration and judges of election
carefully to exclude from voting or being
registered all persons as above disqualified;
and the judges of election at the first election
held under this constitution shall and at any
subsequent election may administer to any
person offering to vote the following oath or
affirmation: I do swear or affirm that I am
a citizen of the United States, that I have
never given any aid, countenance or support
to those in armed hostility to the United
States, that I have never expressed a desire
for the triumph of said enemies over the
arms of the United States, and that I will
bear true faith and allegiance to the United
States and support the constitution and laws
thereof as the supreme law of the land, any
law or ordinance of any State to the contrary
notwithstanding, and will in all respects
demean myself as a loyal citizen of the Uni-
ted States, and I swear this without any reser-
vation or evasion; and any person declining
to take such oath shall not be allowed to vote,
but the taking of such oath shall not be
deemed conclusive evidence of the right of
such person to vote; any person swearing or
affirming falsely, shall be liable to penalties
of perjury; and it shall be the duties of the
proper officers of registration to allow no
person to be registered until he shall have
taken the oath or affirmation above set out;
and it shall be the duty of the judges of
election, in all returns of the first election
held under this constitution, to state in their
returns that every person who has voted has
taken such oath or affirmation."
Mr. BERRY, of Prince George's. I shall
certainly not vote for that amendment when
it comes up, fur it is liable to a great many
objections. We are now engaged in framing
a constitution for the government of this
State, which, if it shall be adopted by the
people, is to be our form of State government
until a change Shall be made, which may not
be for twenty, thirty or fifty years. Now
we already have too many provisions in this
proposed constitution looking to a continu-
ance of a state of war. Should peace ever
be restored to this rand, that oath will be en- |
tirely inapplicable. It seems to be an im-
pression on the minds of members of this
convention, that we are to have a continu-
ance of this war as long as the constitution
which we may frame here shall continue in
operation, I am opposed to this amendment,
therefore, for that reason.
And I am opposed to it for another reason ;
that, instead of this body being a convention
for the formation of organic law, setting
forth organic principles for the government
of the State, we have turned ourselves into a
legislative body, and our work here will con-
sist of statutory provisions instead of being
as it should be, the organic law of the State.
There is too much of this legislation intro-
duced into the constitution. The true pur-
poses of our coming here were to set forth in
our declaration of rights, our rights as citi-
zens of Maryland; then to provide for carry-
ing into effectual operation the co-ordinate
branches of the government, and prescribing
their duties, and not ourselves to engage in
all sorts of legislation, which it is proper for
the legislature to pass upon.
And then, it is objectionable upon another
ground. It is proposed to declare that no
one shall be entitled to vote who is not willing
to take that oath. But even after he has taken
it, it is not conclusive. It leaves in the
hands of the judges of election the power to
require a voter to prove a negative: if there
is any doubt upon their mind, or if they
choose to do so, to prove that be is not dis-
loyal. Although he may take the oath as
here prescribed, it leaves them the power to
require further proof. Now is this conven-
tion willing to vest such power in the hands
of irresponsible judges of election? Do gen-
tlemen ever reflect that a change may take
place, and that the democratic party may
come into power, and that there will then be
democratic judges of election, in whom I
must say I have a great deal more confidence
as regards honesty, integrity, and justice,
than I have in the Union judges whom I have
seen in this State? But I am not willing to
trust even them with this power. I am un-
willing to see it carried over from the union
party to our party, when we shall come into
power. I claim as a matter of right and of
justice that no such power ought to be vested
in the hands of irresponsible judges of elec-
tions.
There is another objection to the oath pro-
posed by the gentleman from Baltimore city
(Mr. Stirling.) It sets forth what reasons
shall be operative to prevent the reception of
a vote, but it does not say that those shall be
the only reasons that shall operate upon the
minds of the judges.
Mr. STIRLING. That is my meaning. If it
is necessary I will put in that these shall be
the only reasons.
Mr. BERRY, of Prince George's. It will be
much better, to carry out his purpose, if the |
