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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1768   View pdf image (33K)
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1768
And summing up briefly what we have
heard here to-day, we are acting clearly and
indisputably within our powers as a conven-
tion. We have but extended the oath to be
taken upon the vote for and against this con-
stitution. We have not extended the right
of suffrage. We have clearly, and carefully,
and conscientiously kept within the limits of
our power. We have, an we believe, done no
wrong to any man, or set of men, in Mary-
land, But we have given them all an oppor-
tunity to purge themselves, and to put Mary-
land in her proper position before the other
States of this Union; and to disprove the
assertion that has often been made, that the
majority of her citizens are secessionists.
And these gentlemen, I know, convinced of
this on reflection, will go home to their loyal
constituencies, and will represent to them
that this oath is one which they ought to
take, not only one which they ought to
take, but one which they ought to delight to
take. They will also represent to them
that under this provision of the constitution
the elective franchise is not extended to any
human being who did not have it before;
but all that is done is to provide means
whereby those brave men who are fighting
in the field for those loyal constituencies; or
are lying in suffering hospitals or in prison—
those of them who at the time of the taking
of this vote may be left alive and are under
our care, will have a chance to vote. And
if in the hearts of those 40,000 loyal constitu-
ents there is one generous impulse, they will
hail with joy the opportunity of allowing
those brave men in the field the privilege of
exercising this right.
What more is needed? Having had it
proved to them that the law is on our side,
that justice is on our side, that the right
remains with us in our action, I certainly
hope that when these gentlemen come to
canvass their communities upon this consti-
tution, though there be nothing else found
in it which they can support, this at least
will commend itself to them; that they
will not be led away by the gentleman from
Kent (Mr. Chambers,) that ministering to a
prisoner is aiding the rebellion, that carrying
clothes and comforts to a prisoner, by per-
mission of the lawful authorities, is rebellion.
But they will tell the people that this one
thing alone in the constitution is so great a
boon to them, and to all loyal men, to all
generous, freedom loving men, that they
should swallow the whole constitution with
all its objectionable features, for the sake of
doing this single act of justice; to many of
those 40,000 loyal constituents perhaps the
first act of loyalty they have ever done in
their lives.
Mr. MULLIKIN moved the previous question,
which was seconded, and the main question
ordered.
The question was upon the additional sec-
lion offered by Mr. EDELEN, as follows:
"Sec. —. The obligation of the judges of
election to administer the oath required in
section two, shall only exist in those cases
whenever the vote of the person offering to
vote may be challenged."
Upon this question Mr. EDELEN called for
the .yeas and nays, and they were ordered.
The question was then taken by yeas and
nays, and resulted—yeas 14, nays 40—as fol-
lows :
Yeas—Messrs. Billingsley, Dail, Davis, of
Charles, Dent, Duvall, Edelen, Hollyday,
Horsey, Johnson, Lansdale, Lee, Marbury,
Mitchell, Morgan—14.
Nays—Messrs. Goldsborough, President;
Abbott, Annan, Audoun, Baker, Barron,
Carter, Cunningham, Cushing, Daniel, Davis,
of Washington, Ecker, Galloway, Greene,
Hebb, Hopper, Jones, of Cecil, Keefer, Ken-
nard, King, Markey, McComas, Mullikin,
Murray, Parker, Pugh, Purnell, Russell,
Schley, Schlosser, Scott, Smith, of Carroll,
Smith, of Worcester, Sneary, Stirling, Stock-
bridge, Swope, Sykes, Todd, Wooden—40.
The section was accordingly rejected.
Mr. MARBURY. The gentleman from Balti-
more city (Mr. Cushing) who last addressed
the house, has hitherto conducted the debate,
at least so far as I am concerned, with a
great deal of courtesy. And I am sure he
did not intend to misrepresent me on this
occasion. He said that I had dragged in
here the emaciated forms of the prisoners
from Richmond; that I had not had one
word of sympathy lo express for them, but
that on the contrary I had justified the whole
course of the South in this respect. Now, 1
wish it to be understood once for all, that 1
have the deepest and most profound sympa-
thy for the sufferings of all these prisoners,
and for the sufferings of humanity every-
where. What I said was this: that it was
the opinion of some of the best judging men
of this country, both in civil and in military
life, that it was most impolitic to put negro
slaves into the army of the federal "govern-
ment; that it would be the means of raising
the black flag; that it would produce all
these evil effects.
The PRESIDENT. The chair must check the
gentleman; these remarks are altogether out
of order.
Mr. MARBURY. I want to explain what 1
said. I do not want these statements to go
out to the world as mine, when I did not
make them. I want to put myself in a cor-
rect position.
The PRESIDENT. If the gentleman's mo-
tives had been assailed in any way, it would
be proper for him to explain.
Mr. MARBURY. The gentleman said I had
no sympathy for these prisoners; that I con-
sidered them properly treated. Is not that
a reflection upon any man, to gay that he bus


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1768   View pdf image (33K)
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