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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1267   View pdf image (33K)
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1267
gentleman will so amend as to confine the
judges to the objections set forth there, and
to those alone. If that is done, then it will
be specific; the judges will then have no
power, except what is given them by the
constitution; and they will have to exercise
those powers within a proper construction of
this portion of the constitution. And then
the word "loyal" in the first section should
be stricken out.
And there is another objection to this first
section, which I may as well consider while
I am on the floor; because, as it is very warm
to-day, I do not desire to exert myself, and
weary the house with any extensive argu-
ments. I object to this portion of the first
section:
" 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 mili-.
tary 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."
That introduces a new feature into our
constitution, and, if adopted, will open the
widest door imaginable for the practice of
frauds in our elections. It has been the pol-
icy of the government of the State of Mary-
land from the time of its first organization
to require all votes to be recorded at home in
the several precincts where the citizens offer
to vote. If that is done, then the citizen? of
that particular district or precinct who are
entitled to vote can be easily determined,
But how will it be when whole regiments in
other parts of the country are allowed to
vote—regiments, too, not formed entirely of
Marylanders, some of them not consisting
one-half of native born or even naturalized
citizens? Those regiments are composed
partly of foreigners, of citizens of other
States And yet you propose to allow them
to vote wherever they may be found on the
day of election. I say if that provision is
put in the constitution it will open a wide
door for frauds in our elections, the extent
of which it is impossible to foretell. I hope,
then, that portion of the section will be stricken
out. I think I speak correctly, from recol-
lection of the history of the past, when I say
that such a system was never known to pre-
vail at any other period of our country's
history, in any State of the Union. It has
been adopted, I grant, since this war com-
menced, in some of the northern States.
Mr. STOCKBRIDGE. In all of them.
Mr. BERRY, of Prince George's. In all of
them, the gentleman says; that may be. But
it is inaugurating a new system, one which
will be dangerous to the institutions of our
country. And I am astonished that gentle-
men here are willing to run wildly and with-
out due consideration into these things, with-
out endeavoring to throw all the safeguards
around the ballot box which its importance
demands at our hands. Regiment after regi-
ment, in any part of the country, and from
other States, might vote for Maryland, and
carry our elections by fraudulent votes, and
from the distance at which the votes were cast
it would be impossible to prove the frauds.
We would be in the hands of the military;
they would control our elections on all occa-
sions.
1 say this is a dangerous precedent to es-
tablish, and I hope the members of this con-
vention will consider it calmly and maturely
before they vote for it. I do not know how
it has operated in the north; but I will ven-
ture to assert that more frauds in elections
have been committed since this system was
inaugurated than were ever known before.
And if this is put in our constitution, you will
find the same thing exemplified in our own
bistory. I hope therefore ibis provision will
not be sustained here, but that we will bold
to the old principle that every man who casts
a vote for an officer of Maryland shall cast it
in Maryland, in the precinct where he is en-
titled to vote, then we may be sure that none
but those who fee] an interest in the welfare
of the State, and who are proper participants
in our elections, will vote.
1 am prepared to vote for the amendment
of the gentleman from Queen Anne (Mr.
Brown) ) because it contains all the wise pro-
visions which are now in the constitution of
our State, and which have been found pecu-
liarly applicable to our condition. I trust
this convention will see that it will be wise
to strike out this portion of this section.
There are objections to other portions of this
report; but as the first section is the one now
under consideration, I will reserve what 1
have to say on the other sections, until they
come up.
Mr, STIRLING. I have one or two amend-
ments to offer to the first section, not of much
importance, except to make the meaning
more clear.
Mr. MILLER. What is before the conven-
tion now?
Mr. STIRLING. The first section.
Mr. MILLER. The motion of the gentleman
from Queen Anne (Mr. Brown,) was to sub-
stitute the minority for the majority re-
port.
Mr. STIRLING. But the convention has a
right to amend and perfect the majority re-
port before the vote is taken upon the motion
to strike out and insert.
The PRESIDENT. The gentleman is cor-


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1267   View pdf image (33K)
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