tion of the constitution, it shall go into effect
on the first day of November, 1864,"
Mr. DUVALL. My remarks in explanation
of my vote last night were intended to apply
to this section. I supposed this was the one
we were voting upon.
MILITARY INTERFERENCE WITH THE VOTE.
Mr. HENKLE submitted the following amend-
ment :
Add at the end of the second section,
" And in case any organized military or
armed force of the United States shall appear
at the places where the polls shall be held,
and shall interfere with said election, unless
such military or armed force shall be called
out by the judges of election or other civil
authority charged with the preservation of
the peace, the said judges of election shall
under oath certify to the governor such un-
warranted military interference with said
election in such election district or precinct;
and the governor shall immediately there-
upon, order a new election alter ten days no-
tice, to be given by the sheriff as aforesaid,
in such election district or precinct: and such
new election shall be held and conducted in
the manner and form hereinbefore provided,
and the governor shall order a new election
from time to lime, as often as such illegal mil-
itary or armed interference with the election
shall be certified to him as aforesaid."
Mr. HENKLE demanded the yeas and nays
on the adoption of the amendment, and they
were ordered.
The question being taken, the result was—
yeas 28, nays 39—as follows;
Yeas—Messrs. Belt, Blackiston, Briscoe,
Brown, Chambers, Clarke, Crawford, Dail,
Davis, of Charles, Dent, Duvall, Edelen,
Henkle, Hodson, Hollyday, Horsey, Johnson,
Lansdale, Lee, Marbury, Mitchell, Miller,
Morgan, Parran, Peter, Smith, of Dorchester,
Turner, Wilmer—28.
Nays—Messrs. Goldsborough, President. ;
Abbolt, Annan, Audoun, Baker. Barron,
Brooks, Carter, Cunningham, Cushing,
Daniel, Davis, of Washington, Dellinger,
Galloway, Greene, Hatch, Hebb, Jones, oof
Cecil, Kennard, King, Markey, McComas,
Mullikin, Parker, Pugh, Purnell, Ridgely,
Russell, Schlosser, Scott, Sneary, Stirling,
Stockbridge, Swope, Thomas, Todd, Val-
liant, Wickard, Wooden— 39.
When his name was called,
Mr. BRISCOE said: So far as that is concerned,
it is only repeating a provision in
the convention bill. I understand that it is
conceded on all sides that the convention bill,
which gave life to this convention, which
bill provides the law regulating the vote upon
the adoption of this constitution, is still the
binding law of this State. It matters not
whether the report of this committee is in
addition to that or not. I shall vote for the
proposition of my friend from Anne Arun- |
del (Mr. Henkle,) but it really seems to me
that notwithstanding the adoption of that
report (he obligation is still binding upon
the judges of election, by virtue of the act
of assembly at its lust session, calling for
or providing for the assembling of this conven-
tion. In that view of it, I hope the conven-
tion, in order to clear up this matter, will
adopt the amendment of my friend from
Anne Arundel. I vote "aye."
The amendment was accordingly rejected.
THE TEST OATH.
Mr, DENT moved to strike out the follow-
ing words:
"The judges of election shall administer
to every person offering to vote the oath or
affirmation prescribed by this constitution,
and should any person offering to vote refuse
or decline to take said oath, he shall not be
permitted to vote at such election, but the
taking of such oath or affirmation shall not
be deemed conclusive evidence of the right
of such person to vote."
Mr. DENT said: When yesterday I urged
the postponement of the consideration of
this schedule, on account of the sparse at-
tendance of members in the hall, I said I be-
lieved, that I was surprised at the provisions
incorporated in the schedule for the submis-
sion of the constitution to the people. 1
might have added, however, that if I had
reflected for a moment on the acts of the
past, there would have been no occasion for
surprise. But, sir, I have a proneness to
forget the acts of the past, for the moment,
and am too much disposed to hope and be-
lieve that, notwithstanding what has trans-
pired in the past, the future will go on
smoothly and evenly as once before. In
this hope I have been often disappointed,
and I am learning now to hope no more
from those who are in the ascendency in the
government of this State and in the federal
government; for, notwithstanding the plain-
est provisions of constitutional law—not
withstanding they are so plain that he who
rune may read, we have gentlemen rising on
this floor, and declaring that. the act of the
legislature by which this convention was as-
sembled became, by the action of the people,
the permanent law of the State—the funda-
mental law—the organic law. So fair as that
view is (rue, if it is true at all, it supersedes
the constitution of the State of Maryland,
which it is our duty to sustain.
if it be la-tie that the enabling act—for it
was barely an enabling act—became by the
action of the people the organic law of the
land, it contravenes the provisions of the
constitution and thereby repeals it—an ab-
surdity which I could scarcely have supposed
would have obtained support or credence in
the mind of any intelligent man. It shows
plainly to my mind what straws people catch
hold of to sustain a falling and sinking |
