that you could not pass a law prescribing an
oath as a qualification for voting upon the
constitution. But it was arranged by some
legerdemain to put language into the conven-
tion bill, which properly construed only enti-
tles the judges of election to administer the
oath which under the code and the constitu-
tion of the State they are now authorized to
administer. It said that if any one put the
question whether the person offering to vote
had served in the rebel army, whether he
had done this, that or the other, not that
he should swear to this or that fact, but that
he should put the oath under the section of
the code; and the section of the code only
authorizes the judges of election to put the
oath as to their right of voting. The consti-
tution determines the question of the right of
voting.
I hope therefore, although it was necessary
for me to say this in order to prevent this con-
vention from exercising an unauthorized pow-
er, and placing themselves in that position,
that if it is done the people will still hold on
to this instrument, the constitution adopted
in 1851, as the sheet-anchor of their rights ;
until by a vole of the people it is decided that
that constitution shall be abolished, and an-
other shall go into effect; and that they will
claim all their rights and all their political
franchise under this instrument, and trust to
the courts and the authorities of the country.
The country is now speaking through many
standard-bearers, for the great rights of the
people whom we have before us. Maryland
this day assumes a new position in the strug-
gle which is to take place. We have Fremont
on the one hand, the standard-bearer of the
political rights of the people at the ballot-box.
We have another candidate, McCellan, repre-
senting another faction of the people, standing
up for the rights of the people; and I believe,
although his followers do not here in Mary-
land stand up for the rights of the people,
even Abraham Lincoln will before the eighth
of November. I believe he has already, so far
as I have seen, countermanded this action of
the military authorities, and that he will take
that ground and will not dare to resist the
power of the American people. I believe no
power, no party, even with Abraham Lincoln
at ifs head, will dare to resist the rights of
free speech, a free press, and free political
rights at the ballot-box. If any party on the
eighth of November shall dare to come out and
plant itself in opposition to these great prin-
ciples, the American people will doom it to
destruction and to annihilation.
Mr. STOCKBRIDGE. I did not quite under-
stand one remark of the gentleman who has
just taken his seat, whether he said McClellan
and a " faction " of the people, or a "fraction "
of the people.
Mr. CLARKE. It is immaterial to me which
you call it, they are all divided into frac-
tions. |
Mr. STOCKBRIDGE. I hope it will he a vul-
gar fraction, reduced to its lowest quantity,
in a very few months.
1 had not designed to take any part in the
discussion which has sprung up on the ques-
tion before the convention; but words so full
of menace have fallen on our ears since it has
been under discussion, that I feel that I should
be false to those who sent me here if I should
not offer a few words in reply. It docs raise
a great and important question; and I go as
far as he who goes farthest to protect the bal-
lot-box in its purity, to preserve (he rights
of the people under it; and that is the great
thing which Union men have been struggling
for in these United States for the last three
years and a half. This whole infamous rebel-
ion is a war upon the decision of the ballot-
box, and nothing else. But yesterday, flashing
over the wires from Chicago, comes another
resolution admonishing us in advance of an-
other war upon the decision of the ballot-box
if the people shall dare to vote in such a way
as to place the conclave there in the minority.
Of that I may say a word before I conclude.
This report raises two questions in connec-
tion with the ballot-box. One objection
brought against it is, that it allows those to
vote who are not entitled to vote; and the
other, that it deprives those of the privilege
of voting who are entitled to vote. As 1
do not propose to occupy the attention of the
convention more than once in reference to it,
1 beg leave to say a word upon the first of
these propositions, although not now imme-
diately before the house. It was discussed
last evening by the gentleman from Anne
Arundel county (Mr. Miller) and others. The
gentleman in order to maintain his position
is compelled to assume that when a man be-
comes a soldier of the nation be forfeits his
right to vote. But, sir, soldiers as such do
not cease to be legal voters. This section as
reported by the committee says that any of
the qualified voters of the State who shall be
absent in the army shall have the right to
vote. The legislature which passed the act
under which we are sitting, and who refused
to pass an act authorizing the soldiers to
vote, never had any difficulty upon that
point. They never supposed for an instant
that a soldier ceased lo be a voter by the act
of becoming a soldier, and that when he
placed his life at hazard for his country he
forfeited the dearest rights of freemen; never.
The difficulty arose on another point. If
gentlemen knew anything about what passed,
they would know more than they seem to
know in the discussion of this question.
The difficulty was this. The section reads :
"Sec. 1. Every free white male person of
twenty-one years of age or upwards, who
shall have been one year next preceding the
election a resident of the State, and for six
months a resident of the city of Baltimore, or
of any county in which lie may offer to vote |
