except in cases arising in the land or naval
forces, or in the militia when in actual service
in time of war or public danger."
Now it is well known that notwithstanding
this plain provision oof the Constitution
which is the supreme law of the land, govern-
ing and directing the President of the United
States, and every military officer in the em-
ployment of the Government, citizens of the
State of Maryland not " in the land and naval
forces," not " in the militia in actual service in
time of war or public danger," have not had
the hearing that the Constitution of the United
States says they shall have, which says they
" shall be held to answer only on the present-
ment or indictment of a grand jury." Now
with all these facts staring us in the face, the
fact that the supreme law of the land has been
ignored so far as Maryland is concerned, I
want to go one step further, and embody in
this 18th article, which goes to the very
groundwork of the rights of man, the decla-
ration that no person shall answer any charge
or alleged crime in any court-martial or mili-
tary tribunal, unless, in the language of the
Constitution of the United States, "in cases
arising in the land or naval service, or in the
militia when in actual service in time of war
or public danger." I am not content with
the mere embodiment of what ought to be
as in this 31st article. I want a plain direc-
tion and declaration to go forth from this
Convention, which will govern the executive
officers of this State, and every man who may
take an oath to support this Constitution
when it shall have been adopted. Now there
is no treason in this declaration. The Con-
stitution of the United States contains it in
words as strong and positive as any I have
used, as strong and positive as any one can
declare any fact, or pronounce any command-
ment.
I want the Constitution of the State of
Maryland to take up that declaration, and
make it just as strong and positive here, so
that if one department of the government
undertakes to violate the Constitution of the
United States by trying men in violation of
this provision, the executive shall be sworn—
to do what? to oppose the Federal authori-
ties? not at all—shall be sworn to do what
the Constitution of the United State, which
he has sworn to support, requires him to do ;
and I strengthen that oath by the insertion
into the Constitution of the State of Maryland
of a provision which he will be required to
swear to support, and then if he or any other
officer of the State, sworn to support the Con-
stitution, permits it to go on, he will be a
perjured officer of the State—will not have
performed his duty.
When, last fall, complaints were made in
reference to the election, and the oaths which
had been administered, and a great to-do was
made in reference to the pending election, the
executive suddenly assumed a wonderful de- |
gree of State-right position, and a determina
tion to vindicate the majesty of the law of the
State of Maryland But still he has repeatedly
known of similar violations of the law, and
they have met with his sanction and approval.
And it was said in the military headquarters
in Baltimore that they had the sanction of the
executive, and had not violated any statute
law of the State. I want it to go into the
Constitution of the State that no citizen of the
State, no person, shall be placed in that posi-
tion, or if he shall be placed there, it shall be
the duty of the executive to protect him, or to
make some move as an officer or representa-
tive of the State for that purpose, and that if
lie does not he will not have fulfilled his oath.
That is the reason why I desire to put it in
this form in this Constitution, It is nothing
but what the Constitution of the United States
declares to be law, a law which every State
and Federal officer is bound to follow. I want
to follow it up here, that it may be obeyed ;
that the executive of the State may have a
still stronger inducement to discharge his
duty. I care not who he may be; I have
no personal reflection to cast upon any one.
But I want it so arranged here that in all time
to come, unless he discharges his duty, he
will have violated the oath which this Con-
stitution shall have imposed upon him.
Mr. CUSHING. Will the gentleman allow
me to ask him one question? He says that if
this article should be amended as he proposes,
and any one should be so treated by the mili-
tary authorities, and the Governor of the
State allows it to be done, he will be a per-
jured man.
Mr. CLARKE. Unless he takes some steps—
all the steps which the State authority can
bring to bear—he will be.
Mr. CUSHING. What steps could the Gov-
ernor of the State bring to bear?
Mr. CLARKE. I can tell the gentleman a
great many things the executive can do. Here
is an instance: My friend here (Mr. Miller)—
he will pardon me for referring to it—with
others, was arrested for not voting. These
gentlemen appealed too the Governor of the
State. The reply was, "You cannot be ar-
rested for that; it must be for some other
reason. It never was heard of that men were
arrested because they would not vote, I
issued my proclamation, which told you not
to swear; that told the judges not to admin-
ister the oath, and you only conformed to
what I myself hard required." Yet, when you
reached the military authorities, they put it
down in black and white that that was the
ground for the arrests. There was no charge
of disloyalty. The Governor said, "You
must have been charged with being a traitor
or disloyal." Yet, those gentlemen were not
charged at all with being disloyal. The arrest
was put upon the plain and simple fact in
reference to the election vote, and I would ask
gentlemen if they ever heard of anything |
