clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1905   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space
1905
laws be faithfully executed ;" to take care
looks to the past, the' present and the future.
It implies to search, look after, guard, pro-
tect, defend. I am loyal and can take the
oath required, but the convention seeks to
destroy a great constitutional principle which
lies at the very foundation of the govern.
ment There is no enemy to be dreaded
more than he who cloaks his ulterior and
bidden designs under tests and oaths un-
known to the laws and violative of great po-
litical rights. The true conservative patriot
is he who tolerates differences of opinion,
and sets up the constitution and the laws as
his constant rule and guide.
The attempt to pass an election law to be
executed in Virginia or elsewhere than where
is found the voters' legal residence, and to
appoint officers or soldiers in the ranks
within confederates lines judges of election,
and to receive and count such votes, contrary
to the express law in the code, article thirty-
five, section one, which enacts that "the
county commissioners in each county shall
appoint three persons for each election dis-
trict of the county, residents in such districts,
judges of the election; of the fourth section,
which directs the sheriff to serve the notices
on the judges, and the fifth section, which
directs the judge to attend in his district, is
so palpably repugnant to every principle of
law, of duty and of justice, that the broadest
mantle of charity cannot cover the motives
and sinfulness of the act. Your name and
history are linked with this proffered consti-
tution—if it can be disguised by that name.
You are to proclaim it if adopted.
These times of excitement, passion and
prejudice must pass away. A reaction must
come when the impartial mind must record
the true character of the men and the events
passing' before us. Party success is ephemeral,
and its measures can never he permanently
fastened on a free people. They can never
remain manacled by the shackles forged by
interested politicians. An enlightened,
chastened, and true public sentiment must
succeed the agitations and injustice of those
days. " Truth is mighty and must prevail,"
was a motto of the lamented Clay. Justice
integrity and right, will be elements in that
public opinion which will consign many of
tile dominant and prominent actors of these
days to an obloquy which will scarcely find
a parallel in the annals of history.
You have an honored name. I wish you
to present a fair record when the truth of
history shall be vindicated by the pen of the
faithful historian. The history of this ten
dered constitution, the actions, speeches and
motives of its principal and inferior author
and abettors will be written in living letter
to be read of all men. We desire that the
recorder shall disconnect your name from
those of its makers and assistants, and place
it in a niche in the temple of fame, on the
side of the just, the true, the honored of our
day
With grant regard, and as ever, yours,
[Signed] GEORGE VICKERS.
GOVERNOR BRADFORD'S REPLY.
STATE OF MARYLAND, ']
EXECUTIVE DEPARTMENT, ANNAPOLIS, [•
September 19, 1864. )
George Vlckers, Esq.:
My Dear Sir :—I have received your letter
' of the 14th inst.. and given to it the attentive
consideration due alike to the importance of
the subject to which it relates, and to the sin-
cere respect I always entertain tor your opin-
ions. You therein cull my attention to the
proceedings of the late convention, and more
especially that provision found in the consti-
tution which they framed which prescribes an
oath to be taken by the voter when (offering
to vote at the election at which that constitu-
tion is submitted for the adoption or rejection
of the voters of the State. You refer also to
another part of it wherein provision is made
for taking the vote of the soldiers of Maryland
regiments, who are absent from the' State at
the time of said election, and designating
these clauses of the new constitution, as pal-
pably in conflict with the constitution of 1851,
which must subsist until the new one is
adopted by a vote of the people: you appeal
to me to interpose and prevent the execution
of these provisions, and to instruct the judges
1 of election to disregard the clause requiring
the oath aforesaid.
It is not my purpose, nor is it necessary,
in the view which I take of nay duty in the
premises, to undertake to show that the con-
vention possessed the power to make the
provisions in question; still there are some
considerations which it may not be amiss to
notice, calculated to show that in so doing,
they have not so manifestly exceeded their
authority as your argument assumes. You,
for instance, say that the oath prescribed by
the convention is not only an innovation
upon the existing constitution, but is inex-
press violation of the act of 1864, from which
the convention derived its existence. That
act, however, in providing for the submission
of the constitution to the vote of the people,
.- declares that it shall be submitted "at such
time, in such manner, and subject to such
rules and regulations as said convention may
prescribe"
I am aware that to this may be replied that
the legislature which passed this act could
- have prescribed no such additional qualification
for those who should vote upon the
adoption of this constitution, and that pos-
sessing itself no such power, it could there-
fore confer none such upon the convention.
' But was it in fact necessary fertile legislature
to have required the submission of the con-
stitution for the ratification of the people at


 
clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1905   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 06, 2023
Maryland State Archives