to the requirements of law, after trial in your
courts, trial according to the common law of
England, be the rule for exclusion from the
right of franchise or holding office in the
State of Maryland? That is where the con-
stitution of West Virginia places it. Section
four of the same article provides :
"4. No person, except citizens entitled to
vote, shall be elected or appointed to any
State, county, or municipal office. Judges
must have attained the age of thiryt-five
years, the governor the age of thirty years,
and the attorney general and senators the age
of twenty-live years, at the beginning of their
respective terms of service, and must have
been citizens of the State for five years next
preceding or at the time this constitution goes
into operation."
"5. Every person elected or appointed to
any office or trust, civil or military, shall,
before proceeding to exercise the authority or
discharge the duties of the same, make oath
or affirmation that he will support the con-
stitution of the United States and the consti-
tution of this State; and every citizen of this
State may, in time of war, insurrection, or
public danger, be required by law to make
the like oath or affirmation, upon pain of
suspension of his right of voting and holding
office under this constitution."
The oath is " to support the constitution of
the United States and the constitution of this
State," and there it stops. Why are you not
content in this State to let it rest there? Is
there any greater reason or higher necessity
for forcing this thing at this time upon the
people of Maryland, than existed in February
23, 1863, when these people at Wheeling
made this constitution for West Virginia?
It is a simple naked oath.
Now, will gentlemen turn to their journals,
on pages 434, 435 and 427, and read this rig-
marole of an oath which is to be spread for
all future time, if at all, upon the pages of
the constitution of this State? The amend-
ment of the gentleman from Cecil (Mr. Scott)
to which this pending proposition is an
amendment, says:
" And that since the commencement of the
civil war and rebellion, I have never in any
manner, either directly or indirectly by word
or deed, given aid or encouragement to those
in rebellion against the United States, that I
have never sympathized with them; nor de-
sired their success."
So that a man is absolutely disqualified
from ever depositing a vote in the ballot-box
in the State of Maryland, whatever his quali-
fications in every other respect, who ever in
an unguarded moment, even in the retire-
ment and privacy of his own chamber, ex-
pressed or felt any sort of desire for the tri-
umph of the south over the armies of the
United States."
But I rose merely for the purpose of show-
ing what had been the action of other States, |
and even in similar circumstances to our
own; and to ask the convention to give the
subject calm reflection before they indorse
the wild proposition of the gentleman from
Cecil county, or the amendment of the gen-
tleman from Baltimore.
Mr. RIDGELY. Will the gentleman from
Charles allow me to ask him a question? Do
you consider the provision adopted by this
convention under the department of the elec-
tive franchise, which disqualifies as voters
those who have been in armed rebellion
against the United States, ex post facto ?
Mr, EDELEN. I think it is, in its operation.
Mr. RIDGELY. Do you think the provisions
which you have just read from the constitu-
tion of West Virginia, which disqualified a
man who had been convicted of treason
before the passage of that constitution, ex post
facto ?
Mr. EDELEN, I do not exactly understand
the gentleman's question, but I will try to
answer him.
Mr, RIDGELY. You have read to the house
a provision from the constitution of West
Virginia, that a person convicted of treason
shall be disqualified from the right of suffrage.
Of course, be must have been convicted of
treason before the passage of that constitu-
tion. Do you consider that provision ex post
facto 1
Mr. EDELEN. I do not understand that
that provision in the constitution of West
Virginia, refers to convictions of treason •
which had taken place prior to the adoption
of the constitution of West Virginia. I sup-
pose it was intended to have a future and
prospective operation.
Mr, RIDGELY. You will remember that it
says " no person who has been convicted of
treason, "and of course that must be previous
to the passage of the provision.
Mr. EDELEN. I have not given that point
a careful consideration. I merely referred
to it in connection with the provision relating
to larceny, &c.
Mr. PURNELL moved that the convention
adjourn.
The motion was not agreed to.'
Mr. STIRLING. I had no intention of taking
any part in this discussion until a few mo-
ments before I came into the house this even-
ing. But after I had heard the whole of the
argument of this morning, some of my friends
on this side of the house expressed the idea
that as I offered the proposition which has
been the basis of all this argument, I ought
to submit something to the house in its de-
fence; and I therefore propose briefly to dis-
cuss the proposition now before the conven-
tion.
The debate has taken a very wide range.
1 am not only unable, from previous con-
sideration and reflection, to make an elaborate
speech, but I am unwilling even to enter upon
any review of that debate. It seemed to me |
