gentleman from Kent if the constitution of the
United States does not expressly say that
treason against the United States shall con-
sist only in levying war against them?
Mr. CHAMBERS. Yes, sir; and that levy-
ing war may be with or without an army.
Was not Aaron Burr tried for treason ?
Mr. STIRLING. It was charged that he bad
raised a force for resistance.
Mr. CHAMBERS. But the facts were not
proved.
Mr. STIRLING. And he was acquitted be-
cause they were not proved,
Mr. CHAMBERS. Any opposition to the
constitution is a similar crime. Will the gen-
tleman undertake as a moralist, nay, as a
politician, to say that the offence in destroy-
ing the government is a whit less by one
process than by another ?
Mr. STIRLING, We are not trying a ques-
tion of morals, but of law. It is legal trea-
son, and not moral treason.
Mr.. JONES, of Somerset. I ask if it is any
more treason for the South to subvert the
constitution by force of arms, than it is for
President Lincoln with his army to subvert
the constitution by force of arms?
Mr. STIRLING. If the gentleman from Kent
will allow me—
(The half hour: having expired, the ham-
mer tell.)
Mr. MARBURY moved that the gentlemen
from Kent (Mr. Chambers) be allowed to
proceed.
The motion was not agreed to.
On motion of Mr, EDELEN,
The convention took a recess until eight
o'clock, P. M.
EVENING SESSION.
The convention met at 8 o'clock, P. M.
The roll was called, and the following mem-
bers answered to their names :
Messrs. Goldsborough, President; Abbott,
Annan, Audoun, Belt, Billingsley, Blackiston,
Bond, Brown, Carter, Crawford, Cunningham,
Cushing, Daniel, Davis, of Washington,
Dellinger, Dent, Duvall. Earle, Ecker, Ede.
len, Galloway, Harwood, Hodson, Hopkins,
Hopper, Jones, of Somerset, Keefer, Kennard,
King, Lee, Marbury, Markey, Mitchell, Mil-
ler, Morgan, Mullikin, Murray, Negley, Ny-
man, Parker, Parran, Pugh, Purnell, Ridge-
ly, Robinette, Russell, Sands, Smith, of Car-
roll, Smith, of Worcester, Stirling, Stock-
bridge, Swope, Sykes, Thruston, Todd, Tur-
ner, Wickard, Wooden—59.
On motion of Mr. PARKER,
Ordered, That it be entered upon the jour-
nal, that the absence of Mr. Larsh, of Balti-
more county, from his seat in the convention
is occasioned by the severe illness of a mem-
ber of his family.
OATH or OFFICE.
The convention resumed the consideration |
of the report of the committee on the elective
franchise,
The pending section was the following:
"Sec. 5. Every person elected or appointed
to any office of trust or profit under the con-
stitution or laws made pursuant thereto, be-
fore he shall enter upon the duties of such
office shall take and subscribe the following
oath or affirmation: I — do swear (or
(affirm as the case may be, ) that will support
the constitution of the United States, and that
1 will be faithful and bear true allegiance to
the United States and to the State of Mary-
land, and support the constitution and laws
thereof, and that I will, to the best of my skill
and judgment, diligently and faithfully, with-
out partiality or prejudice, execute the office of
— according to the constitution and laws
of this State, and that since the adoption of the
present constitution, I have not in any man-
ner violated the provisions thereof in rela-
tion to bribery of voters or preventing legal
or procuring illegal votes to be given; (and
if a governor, senator, member of the house
of delegates or judge,) that I will not direct-
ly or indirectly receive the profits or any part
of the profits of any other office during the
time of my acting as —. I do further
swear that. I will support the constitution of
the United States, and will be faithful and
bear true allegiance to the United States and
the government thereof, and to the State of
Maryland, any law or ordinance of any State
to the contrary notwithstanding, and that 1
have never, either directly or indirectly, by
word, act or deed, given any aid, comfort or
encouragement to those in rebellion against
the government of the United States or the
lawful authorities thereof; and all this 1
swear voluntarily, without any, the least,
mental equivocation, reservation or qualifica-
tion whatsoever, so help me God. And if any
person elected or appointed to office as afore-
said, shall refuse or neglect to take the said
oath or affirmation, he shall be considered as
having refused to accept the said office, and a
new election or appointment shall be made as
in case of refusal or resignation, and any per-
son swearing or affirming falsely in the prem-
ises, shall, on conviction thereof in a court of
law, incur the penalties for wilful and corrupt
perjury, and be thereafter incapable of voting
at any election, and also incapable of holding
any office of profit or trust in this State."
Mr. SCOTT had moved the following amendment,
to insert after the words "as the case
may be," in line 5, the following;
"That I will be faithful and support the
constitution and laws of Maryland, and that 1
will to the best of my skill and judgement. dili-
gently and faithfully, without partiality or
prejudice, execute the office" of—,and
that since the adoption of the present con-
stitution I have lint in any manner violated
the provisions thereof in relation to bribery
of voters, or preventing legal or procuring |
