preventing legal votes or procuring illegal
votes to be given (and if a governor, senator,
member of the house of delegates, or judge,)
that I will not directly or indirectly receive
the profits or any part of the profits of any
other office during the term of my acting as
—; I do further swear or affirm that
I will bear true allegiance to the State of
Maryland, and support the constitution and
laws thereof, and that I will bear true alle-
giance to the United States, and support, pro-
tect and defend the constitution, laws and
government thereof, as the supreme law of
the land, any law or ordinance of this or any
State to the contrary notwithstanding' that
I have never directly or indirectly by word,
act or deed given any aid, comfort or encour-
agement to those in rebellion against the
United States or the lawful authorities there-
of, but that I have been truly and loyally on
the side of the United States against those in
armed rebellion against the United States;
and I do further swear or affirm that I will,
to the best of my abilities, protect and defend
the Union of the United States, and not allow
the same to be broken up and dissolved, or
the government thereof to be destroyed under
any circumstances if in my power to prevent
it, and that I will at all times discountenance
and oppose all political combinations having
for their object such dissolution or destruc-
tion."
The question was upon the amendment
submitted by Mr. STIRLING, to the amendment
moved by Mr. SCOTT.
Mr. JONES, of Somerset. I regret very
much that the convention and the committee
that had charge of this subject, had Hot felt
it compatible with their duty to adopt the
oath of office which the preceding convention,
composed of very able and wise men, deemed
sufficient for all useful purposes in the admin-
istration of the government of this State. I
think if our friends will review their histori-
cal reading, if they will even look back over
the pages of the history of the English civil
wars, they will find abundant reasons to
abstain from incorporating into their organic
law, any such provisions as are embraced in
the oaths now attempted to be inserted in
this constitution.
These things are not new. The pages of
history are full of such instances. You are
but following in the footsteps of those who
have gone before yon, who were actuated by
high feelings of party resentment and passion,
and who have lived to regret that when in
power they had not set an example of justice
moderation and magnanimous forbearance.
We are making a constitution, and prescrib-
ing an oath of office for all time to come or
until another sovereign convention shall be
called to alter it. We are not legislating for
what I hope is but a transitory trouble, great
and calamitous as it is while upon us. And
we are not in a condition to regulate these |
matters which are immediately upon us, with
that calmness, that sense of justice, propriety
and magnanimous forbearance which become
legislators. Therefore, it is that I regret to
see the disposition to adopt such measures as
have been presented here for consideration,
In the amendment offered by the gentleman
from Baltimore city (Mr. Stirling,) to one of
the sections of this report, be has enumerated
no less than ten distinct political offences,
which are to disqualify a man from voting in the
State of Maryland. He assumes by his amend-
ment that there are now in the State of Mary-
land enjoying the right of suffrage under the
present constitution, ten distinct classes of
persons who deserve to be disfranchised from
hereafter exercising that right. They are to
be put upon an equality with free negroes;
they are to be under a government by others,
in which they are to have no voice, in which
they are not to be allowed to participate in
any shape or form. I have looked over the
provision very carefully, and I find the fol-
lowing classes of offenders named :
1. A person who has at any time been in
armed hostility to the United States, or the
lawful (authorities thereof.
2. Or who has been in any manner in the
service of the so-called Confederate States of
America.
3. A person who has voluntarily left this
State And gone within the military lines of
the so-called Confederate States or armies,
for the purpose of adhering to said States or
armies.
4. A person who has given any aid, comfort,
countenance or support to those engaged in
armed hostility to the United States.
5. Or in any manner adhered to the ene-
mies of the United States, either by con-
tributing to the enemies of the United States,
or unlawfully sending within the lines of
such enemies money or goods, letters or information.
6, Or who has disloyally held communi-
cation with the enemies of the United States.
7. Or who has advised any person to enter
the service of the said enemies.
8. Or who has aided any person to enter.
9. Or who has by any open deed or word,
declared his adhesion to the cause of the ene-
mies of the United States.
10. Or his desire for the triumph of said
enemies over the armies of the United States.
Now, if that were embraced in the criminal
law of the State, no lawyer could frame an
indictment without naming ten distinct of-
fences to be recognized and punished. And
in fact under some of these heads there must
be four counts in the indictment, because
there are four offences embraced under some
of the heads which I have enumerated.
Now, in the first place, if there are citizens
in the State of Maryland, as is assumed by
this amendment, who are guilty of offences
deserving this disfranchisement and inca- |
