he shall, for every such offence, forfeit and
pay five pounds for every hundred pounds
of property such person shall be deemed
worth on the public assessment of all prop-
erty within this State.
"XVII. And be it enacted. That every per-
son chargeable with the treble tax aforesaid,
shall be forever disabled and rendered inca-
pable to practice the law, physic or surgery,
or the art of an apothecary, or to preach or
teach the gospel, or to teach in public or
private schools, or to bold or exercise within
this State any office of profit or trust, civil or
military, or to vote at any election of electors
of senators, or of delegates to the house of
delegates; and if any such person shall offend
against this act in any of the particular-
above specified, he shall, for every such
offence, forfeit and pay £5 fur every £100 of
property he shall be deemed worth on the
public assessment of all property within this
State."
[Laws of Maryland, 1777, chapter, 20.]
Yet the descendants of the men who passed
that law, complain that we are needlessly
severe upon those who have committed a
crime a thousand times more black and
damning than that punished in the act I have
read.
Mr. BERRY. of Prince George's. I will state
the difference between the proposition now
before this house and that law; and it is a
marked difference. The oath there prescribed
is an oath of allegiance to the State of Mary-
land, and the oath here comprehends an oath
of allegiance to the general government, and
goes further and proscribes those who have
ever sympathized with those who have taken
part in this rebellion.
Mr. SCOTT. So far as the oath is concerned,
the citizen of Maryland owes paramount
allegiance to the general government.
Mr. STIRLING. The gentleman from Prince
George's is mistaken. It does .not include
the sympathizers. I have not pone so far as
to make a voter swear to his sympathies.
Mr. SCOTT. I do not deem it necessary to
read all this act. I have read enough to
show that we are acting kindly to these
people. We are acting towards them the
part of the considerate parent who keeps
edge tools out of the hands of his children,
and of the public authorities who keep them
out of the hands of lunatics and insane
persons.
Mr, BERRY, of Prince George's. I do not
know that there is sympathy included in the
oath before us; but I refer to the oath pro-
posed here by the gentleman from Cecil (Mr.
Scott) yesterday, which not only excluded a
man who had ever sympathized with them,
but a man who had not on all occasions up-
braided and denounced the rebellion under all
circumstances, which would keep a citizen
in any country constantly in hot water and
bro???. |
Mr. SCOTT. We are acting kindly towards
these people in preventing them from the use
of a franchise or privilege which they would
use for their own destruction, and the de-
struction of others, until they return to their
reason.
As to the President's proclamation of am-
nesty, it has nothing to do with the right of
Marylanders to vote. We are to judge for
ourselves to whom we will extend that right.
We have a perfect right in forming a new
constitution, either to extend that franchise
lo other citizens who have not heretofore
enjoyed it, or to restrict it, and confer it upon
a far smaller number of people than hereto-
fore. There is no inconsistency or impro-
priety in restricting it; and the President's
amnesty proclamation has nothing whatever
lo do with it.
But I have no wish to enter into the dis-
cus-ion. My object in rising was that 1
thought this act of 1777, was in point, and
that it would be well to read it.
Mr. EDELEN, I do not wish to be trouble-
some, but do not see how that amendment
is consistent with itself. The gentleman from
Baltimore city said awhile ago that he was
willing to engraft the latter part of the clause
embracing the pardoning power of the Presi-
dent.
Mr. STIRLING. I said so? No, indeed.
Mr. EDELEN. I take that back then. But
you have offered upon a vote of two-thirds of
the members elected to each house of the
general assembly, to restore them to their
original rights. But I ask how can Mr. A.
pardoned by the general assembly in the
manner pointed out by that amendment, ever
take the oath that he had not in any past
time done so and so, without perjury, with-
out calling high Heaven to witness a lie?
Mark you, that this thing is to stand irrepeala-
ble as a part of the organic law of the State.
The legislature cannot modify or change the
form of the oath; but it is to stand there
until another convention meets in this hall,
or until this constitution is repealed in that
respect in the manner pointed out by the
article we passed to provide a convention.
The gentleman stands upon party legisla-
tion. I understood him at first that he was
ready to take the clause reported by the
chairman of the committee; lout he says not.
But be does say in that amendment, that the
pardon may begranted by the concurrence of
two-thirds of the general assembly. Yet, there
stands the oath staring every man in the face,
and Mr. A. or B, when pardoned must swear
that he has never in his life done that for
which he is pardoned, that he has never
committed any of the crimes contained in
the oath.
Mr. STIRLING. I want this to refer to any
subsequent matter of the same sort. I intend
to make an addition to it afterwards, where-
by it shall not apply to any person who shall |
