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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1337   View pdf image (33K)
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1337
then perhaps released, because the man could
not be found base enough to produce one?
This, Mr. President, is the way the prisons
are filled to overflowing with State prisoners,
and all is clone in the name of loyalty.
And yet we are called upon, after a bitter
experience of nearly four years, by solemn
constitutional provision to indorse this cruel
policy, and stultify all those fundamental
principles in our bill of rights which we have
asserted underlie all good government. We
are gravely asked to put a Procrustean bed in
this constitution; not one to accommodate the
masses of the citizens of the State, but one
only suited for the purposes of the bloody
war-loving few, and which others must be
cut to fit. In the name of the constitution of
the United States, and of the declaration of
our independence, in the name of civil and
religious liberty, in the name of humanity
everywhere, I enter my solemn protest against
the incorporation into the organic law of this
State, of a principle so much at war with
all the teachings of civilization and Christi-
anity.
If this word "loyal" is not intended to
convey all the power and significance I have
supposed will be given to it, why put it in
the constitution? If it only means that
traitors to the State or Federal Government
shall not vote, it. is useless, because a much
severer punishment than a disqualification to
vote has been provided already as a punish-
ment for traitors; a punishment admitted to
be just on all sides; a punishment absorbing
the disqualifications of every kind; the pun-
ishment of death. To suppose that the drafters
of this report would provide less punishment
for so grave a crime as treason, without the
heavier penally being first repealed, is to sup-
pose them guilty of an absurdity; a charge
which the ingenuity and knowledge of the
force of language displayed in this report,
would entirely disprove, were I even dis-
posed to make it against gentlemen of so
much general intelligence.
If this proposition is not then intended to
cover the crime of treason, which we have
seen has teen abundantly provided for, both
as to the nature of the penalty, and the mode
of proof, I think we may safely infer that it
will be construed to cover the cases I have
cited. If that is its object, and if thereby it
is a power to be wielded indirectly to point
out for punishment persons of different polit-
ical sentiments with the accuser, will not its
adoption have the effect to establish an in-
quisitorial power in the State, which it will
need only the gullotine and a Robespiere to
perfect, a la mode the French revolution ?
Think of the consequences of this appa-
rently trivial alteration, or insertion in your
constitution of the word "loyal," and tell
me if I have exaggerated them. Think of
the injustice and wrong both to State and in-
dividual that may follow. Put this test oath
38
in your constitution, and at no distant day
you will have some candidate for office, with
his soldiers stationed at every poll, arresting
and driving off all those who dare oppose his
election, instead of a government founded
on the sovereign power of the people, we
shall have a military despotism; instead of
right hieing the rule of action, might will
usurp supreme control,
The history of other nations tell us that
revolutions do not go backward. They either
accomplish the purpose for which they were
started, or else they overthrow the whole
form of government, and erect some other in
its place. It was so in England, in France,
Russia, and other counties. It will be so
here. If you violate some vital principle of
the constitution of the United States, other
States will argue thereon the right to do the
same, until finally there will be nothing left
but the skeleton of the original instrument;
its soul and spirit will have departed. There
will be none so low as to do it reverence.
The revolution will be complete, and the old
constitution which has so long; borne these
sovereign communities like a ship of State,
mid storm and mid calm, in triumph lo the
haven of peace, and prosperity, and happiness,
will go down to rise no more.
Whilst there is yet life in the old land,
fellow-countrymen, and Mr. President, before
it is too late, let us rouse ourselves to the
magnitude of the great work that is before
us. Let us resolve there shall be peace, and
not barter away our rights tor the mere mess
of pottage we might get from Washington.
Let those long-tried principles of constitu-
tional liberty and free government still be
objects of our affection and love; let us grap-
ple them with hooks of steel. Let us bury
all party issues, and cry "all hail," "all,
hail," to the chieftain who in triumph ad-
vances from the great north or west, to re-.
store peace to our distracted country.
Mr, SANDS. If it were not for my peculiar
position, as chairman of the committee on.
elective franchise, I should not say one word,
in reply to what has been urged here to-day;
not one word. But having listened to, the bit-
ter denunciations of those who for the preseat
administer the government under which I live,
and to which I owe my allegiance, 1. should.
be unworthy its blessings, if I kept my lips
closed, and refused to utter a word. in their.
vindication. We have heard talk here of ft
character which would impress; strangers in
this State and in this country with the idea. that
there were two classes of people in this coun-
try, the loyal and the disloyal; and that of all
the oppressed, wronged, down-trodden peo
pie on earth, the disloyal were the worst off.
The remarks of the gentleman from Prince
George's (Mr. Marbury) require me to do what
I would not otherwise do.
What does the general tenor and spirit of
this report demand, of & man? Whom does


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1337   View pdf image (33K)
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