and being at the time of the election a citizen
of the United States, shall be entitled to vote
in the w ard or election district in which he re-
sides, in all elections hereafter to be held," &c.
Hence it was argued that he had not the
right, and that the legislature could not give
him the right to vote anywhere, unless he
actually deposited his ballot in the ward or
election district in which he resided. That
was the difficulty. I did not believe the ob-
jection a valid one, and do not now; but that
was the grand bug-a-boo upon which certain
gentlemen stuck, which derated that action
which would have given the soldier in the
field his rights. But that legislature did give
us the power to make provision for the sol-
diers, when they said as they did in the sixth
section that the constitution should be " sub-
mitted to the legal and qualified voters of the
State," the soldiers being included in that
category, to vote "at such time, in such
manner, and subject to such rules and regu-
lations as said convention may prescribe."
That has been ratified by the people who sent
us here. I am surprised to hear certain gen-
tlemen call in question the force of that de-
cision of the people upon the question.
Turning back in our debates to page 764, one
gentleman (Mr. Chambers) uses this lan-
guage:
"There could be no convention without
the exercising of such a power on the part
of the legislature. But they have not one
atom of power beyond that. They can
neither restrain the people in the choice of
their representatives, nor can they restrain
this body in the exercise of its legitimate
power, the power to make the government
what they please."
And thus he proceeds at great length;
and again, on page 767, the same gentleman
says:
"So I say here, when the constitution of
the State directs the legislature to call a con-
vention, if the people wish it, it confers upon
them the necessary power, without which
that could not be performed which is en-
joined upon them. It conveys the necessary
power to appoint time, manner, place of
election, time and place of assemblage, &c.
That being done. they may just as well un-
dertake to control the winds that blow, as to
control the action or power, either of the
people in selecting, or of this convention in
acting."
That is the law as it has been laid down
here by one who acts with those whose op-
position to the present section is so great.
And that is all I propose to say, in the lew-
moments I propose to occupy at this time,
upon the powers of this convention. I say
it is clearly the right of the soldiers to vote,
and we have clearly the power to authorize
them to do so,
Next comes the other question. Shall any
person be excluded from the right? We are |
at this time somewhat singularly situated.
We are a BORDER=0 State between two great
sections of our country at war. Our legal
position is with the national government.
Hundreds of our men, natives here, are in
arms, warring against the government of the
nation, making predatory incursions into
our State, robbing, plundering, bringing
fire and sword within our BORDER=0s. Have
such men a right to vote? The gentleman
who has preceded me (Mr Clarke) has said
that under the decision of the United States
supreme court they have not that right.
Pray tell me, how is it to be ascertained?
Here is a man born in Maryland, In 1861
he joined the enemies of his country and did
his utmost to uphold them, and for twenty-
four months so continued. He is now re-
turned and has been here twelve months.
Admitting, for the sake of argument, that
when he went over there it was with no de-
sign to return; that be went designing to
make that his home. But now he has re-
turned, and designs to make this his home.
1 ask any man to tell me, if this logic be cor-
rect, how it is possible for that man to be
deprived of his vote, construing the phrase-
ology of the law as you may? He is a native
here. For the last twelve months this has
been his home. What matters it where he
was before that? How can you go back to
the fact where he was or what. he was doing ?
How does it appear that he was not a peace-
able citizen of Ohio, Wisconsin, Minnesota,
or Oregon, or that he was not with our army
before Mobile, Charleston, or Richmond?
Has he not, strictly construing it, every re-
quisite for a voter, as the law stands upon the
statute book? Can he vote' I say that it is
not equitable and right; that you cannot
allow him a vote without inaugurating civil
war at the ballot-box. As a measure of pre-
caution, it is not right that be should be al-
lowed to vote.
Look at it. Remember what has passed
since this convention commenced its sessions.
Men here within the sound of my voices have
had their pockets picked of their watches
and their purses, their stables robbed of their
horses, their corn cribs despoiled, their crops
laid waste; and who has done it? We have
places called Hagerstown and Williamsport,
which have been bombarded since we have
been staying here. Gentlemen may know
that in the western part of the State there is
atown called Cumberland. One fine morn-
ing in 1864, the commander of the United
States forces received a note in these words :
" AUGUST 2, 1864.
' * To the commander of the forces in the block
house:
" You will surrender the block house and
your forces at once. If you do not, you will
not receive any terms.
" BRADLEY T. JOHNSON,
"Brig. Gen. Confederate forces." |
