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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1276   View pdf image (33K)
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1276
tent to which the gentleman from Baltimore
city would carry me, that I would to-day
place those men who stand with their swords
drown against the government, side by side
with him, or with you or me, who have at all
times been loyal here, on the north aide of
the Potomac? When a gentleman of the
sense and intelligence of the gentleman from
Baltimore city takes such strange, confused
ideas, and runs off in that way, be convinces
me more than ever before, certainly, more
than I had at first hoped, that in his mind
this thing is an emanation of some passion
that I regret to see to have a resling place in
his heart. There is something like malevo-
lence, malignity about it.
1 do not wish to occupy the attention of
the convention further, but to ask the gen-
tlemen lo look. this in the face—to lake this
section two and read it over carefully, and ask
themselves the question—on their conscience
—is not this enough ?
Mr. SCOTT. I had the honor to be upon
the committee that made this report; and as
1 said the other day when it was submitted, 1
did not exactly concur with it, but simply sign
ed the report that it might be submitted. It
is because I have looked the facts in the face
that I disagreed with the report; and it is be-
cause of that same looking the facts square in
the face that I have concluded to advocate the
amendment submitted by the gentleman from
Baltimore city (Mr. Stirling.)
Mr. EDELEN. I had forgotten that the gen-
tleman made such a statement, and referred
merely to his having signed the report.
Mr SCOTT. It was a natural inference that
1 approved of the report.
The gentleman insists that the punishment
which it is proposed to inflict upon men who
have borne arms against the government of
the United States, is unheard of and cruel.—
In reply, I would say that the crime
which these men have committed is of the
greatest magnitude; and that the action
which this convention proposes is so similar
to the action which our fathers took with ref-
erence to a similar class of men at the
lime of the revolutionary war, that I propose
to read to the convention a part of an act
passed in 1777, to meet just such cases; so
long ago that many have forgotten it, and
probably some never knew it ;
" An act for the better security of the govern-
ment.
" Whereat, in every free State, allegiance
and protection are reciprocal, and no man is
entitled to the benefit of the one who refuses
to yield the other; and as every inhabitant
of this State enjoys the protection and benefit
of the government and laws thereof, and it is
reasonable that every person should give tes-
timony of his attachment and fidelity to this
State, and the present government thereof, as
now established;
" II. Be it enacted by the general assembly
of Maryland, That every free male person
within this State, above eighteen years of age,
unless a Quaker, Menonist or Dunker, shall,
on or betore the 1st day of March next, take,
repeat and subscribe, the oath of fidelity and
support to this State contained in the act en-
tilled, An act to punish certain crimes and mis-
demeanors, and to prevent the growth of tory-
ism; and every free male Quaker, Menonist
or Dunker, within this State, above eighteen
years of age, shall, on or before the 1st day of
March next, solemnly, sincerely and truly de-
clare and affirm, in the words of the said oath,
and thereto subscribe his name.
" III. And be it enacted, That the said oath
and affirmation shall be taken within the time
aforesaid, before some magistrate of the coun-
ty or city where the person who takes such
oath or affirmation resides
"IV. And be it enacted, That every mag-
istrate aforesaid, shall keep two paper books,
one for all persons who shall take the
oath aforesaid, and the other for all persons
who shall take the affirmation aforesaid, prefix-
ing to one of the said books the oath afore-
said, and to the other the affirmation aforesaid.
And all persons required by this act to
take the said oath or affirmation, shall, after
taking the same, subscribe his name thereto,
in such book as contains the oath, if such
person takes the said oath, or in such book
as contains the affirmation, if such person
takes the said affirmation; and if such person
cannot write his name, he shall enter big
mark, and the magistrate shall thereto set his
name.
" V. And, for the ascertaining such as shall
neglect to take the said oath, or affirmation,
and that there may be a record evidence of
such neglect,
" Be it enacted. That every magistrate afore-
said, shall make out five copies of his said
books with all convenient dispatch, alter the
aforesaid first day of March, and the same
transmit to the governor and council of this
State, and shall deliver the original books to
his next county court, which shall happen
after the said first day of March next, there
to be recorded.
"VI. And be it enacted, That every magis-
trate of the county shall, and he is hereby-
enjoined and required, to attend one day in
every week, until the said first day of March
next, at the most convenient places in his
neighborhood, with his books aforesaid, for
the purpose of administering the oath or
affirmation aforesaid, and for the purpose of
having the same subscribed to, in manner
and form aforesaid: and the said justices
shall give public notice, by advertisement, of
such places and days of meeting as afore-
said.
"VII. And be it enacted, That every con-
atable of every hundred shall, before the first
day of March next, make out a fair alphabet-


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1276   View pdf image (33K)
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