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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 232   View pdf image (33K)
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232
I have to say, and then reply by an argument
in his own time.
Mr. CLARKE. The gentleman put a ques-
tion to me, and I only wanted to reply' to it.
Mr. SANDS. Then I will proceed with my
argument without putting any interroga-
tories. I regard that a citizen's highest
allegiance is to the United States. I ac-
knowledge as the highest law power in the
State of Maryland, the authority of the United
States as expressed through the Constitution
of the United States, and the acts of Congress
passed in pursuance thereto, I believe that
the first duty of every main in the State, from
the Executive down to the humblest citizen,
is an acquiescence in and support of the Con-
stitution of the United State's and the laws
passed under it, until the Supreme Legal Tri-
bunal of the United States has decided the
act in question to be unconstitutional. We
have late acts of Congress defining certain
crimes.
Mr. CLARKE. I hope the gentleman will
not misquote.
Mr. SANDS I shall not. We have late
acts of Congress defining certain crimes and
abetting the military authorities with the
decision of those cases. Does the gentleman
suppose that we here, the representatives of
the State of Maryland, shall embody that pro-
vision in the Constitution of the State, and
submit to the people a provision in direct
conflict with the Constitution of the United
States, and the laws of Congress passed un-
der it ?
Mr. CLARKE. "In pursuance thereto;"
quote verbatim,
Mr. SANDS. " In pursuance thereto" is un-
der it, not over it.
Mr. CLARKE. "In pursuance thereto,"I
want the gentleman to quote correctly when
he quotes the Constitution of the United
States, and acts of Congress.
Mr. SANDS. What I say is this, that every
citizen of the State, that we ourselves here,
the representatives of the State, are bound to
render obedience to the laws of the United
States, passed under the Constitution, not
over it, not in defiance of it, or in accordance
with any higher law doctrine; but under it.
I have heard of a power over and above us,
that is nut exercised over us, so far as the
people of Maryland is concerned, we have
heard that we are sovereign—I have heard
that doctrine from the lips of many gentle-
men—so far as the people of Maryland is
concerned, she is sovereign. Now who will
assert the doctrine that we are sovereign in
our relations with the general government.
Suppose it has provided in certain terms in
regard to certain matters; would any action
of ours contravening those terms be legal or
binding? Most assuredly not.
Now I have shown, as this debate has taken
a somewhat extensive range to-day, this in
vindication of the government of the United
States. Now so far as Maryland and her
citizens are concerned, taking gentleman at
their word that Maryland is apart from and
hostile to the government of the United States,
that there are a majority of the people of
Maryland who are antagonistic to the gov-
ernment at Washington, taking that for
granted as gentlemen assert— then I say that
the pages of history record no instance in
which so little damage has been done to either
person or property as in this State of Mary-
land in times of civil war. At a low calcu-
lation, I suppose, passing backward and for-
ward, two millions of armed men, loving that
government of the United States and fighting
in its defence, and hearing on all hands that
Maryland was a hostile province and held
down by bayonets—two million of armed
men have passed over her soil. And look at
Maryland to day, after these vast armies have
swept through her: all through the State she
is blossoming like the rose. How many of
her fields are barren? How many of her
dwellings are destroyed? How many of her
citizens are in prison? She answers herself;
look at her to-day in every respect in which
she presents herself as a State. She is as
prosperous and powerful as she ever was, and
free as ever. And according to the will of
the majority of her people, her free will is to
obey the authorities of the United States, and
to cling to the government which our fathers
left us.
Now in regard to gentlemen being arrested
because they would not vote, I wish they had
applied that principle down among these alien
enemies. Just listen to the assertion that
gentlemen are arrested because they would
not vote, when it is known that if they had
voted, they would have voted against the au-
thorities and the party in sympathy with the
government that wanted to force him to vote.
Now in regard to statutes and constitutions,
there is one thing above the law, and in that
respect I am a higher law man, and I am not
ashamed to avow it. That higher law is the
law which God has given to every man, the
law of self-preservation. Will you hold that
a great nation is to be denied the exercise of
a law which you grant to a single individual,
when that great nation holds in its hands the
destinies of many millions of human beings?
If you deny to the government a right which
you allow to a man, the right to defend and
preserve its own life, you are guilty of a legal
monstrosity without a parallel. You will
defend yourself and claim the right to do so.
If you are attacked in the dark, are you go-
ing to stop and consider how hard you can
hit with your fist, how deep you can cut with
your knife, how many holes you can blow
with your Derringer or your revolver, and
under what law or statute you can defend
yourself? No, you will defend yourself with
what. and all the means you have at command.
and if you take the life of your opponent,


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 232   View pdf image (33K)
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