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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 825   View pdf image (33K)
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825
Are these men to be tried by their peers ?
It is an insult to a loyal community that such
men should be allowed to live, and yet they
live there to-day, as free as the most loyal
man in Maryland who is ready to sacrifice
his life in her defence. They live there pro-
tected even now. When the cry was raised
that the rebels were approaching; when it
was said, " they will be here to-morrow
night," their constitutional privileges were
respected, although not a single man of them
was found volunteering to protect the city
of Baltimore from the approach of these ma-
rauders. Not a single contribution was made,
except those forced from them, to feed the
men who came from Fortress Monroe to pro-
tect them, except when a man went in and
told them, "I want that money;" "I will
not give it to you ;" " If you don't we will
take you out of your place very quick," and
the money came. Not one expression of sym-
pathy was heard for those wounded in those
engagements—nothing but jeers, nothing but
mockery—" how do you like your picnic?"
and such things as that. Nothing was heard
in the streets but mocking and jests, because
the thing bad turned out thus; no expression
of sympathy for any of our men, but in
several cases it was declared that the old man
Day ought to be hanged for resisting an au-
thorized force.
This state of things is unparalleled in the
history of this State or of other States. The
history of our Revolution bears no compari-
son to it, for then the strong arm of the law
was put upon them. But the secessionist has
been protected by both sides. You have had
every opportunity to put them down, and
yet the grossest secessionism has been toler-
ated in the State of Maryland, I say that it
is necessary now to crush it out, if we have
to drive out half the population of this State.
They claim that they are able to control
the action of the State of Maryland to-day,
and carry it out of the Union, if they were
all allowed to vote. If that be true, it is
time that the Union men of Maryland should
declare that those who claim the power to
disturb its whole political status and destiny
should leave the State.
These two sets of people are so radically
opposite that they cannot live in peace to-
gether. Daring the whole time of the ex-
citement in the city of Baltimore, it was a
question with many Union men whether it
was safe for them to go out and turn their
backs upon the city of Baltimore; whether
they would not be attacked both in front
and in rear. It became a grave question
whether there was not a sufficient force in the
rear to side with the enemy and turn the
scale.
I say it is enough to have to fight one side,
without fighting both, and though it should
take one-half the people of this State, or
more, I would assess them in the first place
6
for the damage done to loyal citizens, and
then I would have the name of every man
who lived in the State registered, as having
taken the most extreme oath of allegiance to
the Union, or if be should decline he should
be banished from the State of Maryland. A
man was arrested in the city of Baltimore,
a few days ago, under suspicion of being con-
nected with Harry Gilmor, and brought to
the provost marshal's office to take the oath
of allegiance, and he considered himself
grievously insulted that such a thing should
be required of him. Will any one tell me
that that man, refusing to acknowledge big
allegiance to the government at such a time,
has any rights under the State of Maryland,
or its laws, or its constitution? I much
question if any one who does not sustain the
government in this war, has any claim to
any protection whatsoever.
If the bill of rights is to stand, let it stand
as a whole. If it makes our allegiance to
the constitution, laws and government of the
United States supreme, let every citizen hold
to them quite as strongly as he holds to the
right of trial by his peers. Any man in the
State of Maryland who does knowingly sym-
pathize with this rebellion, does not take
that bill of rights. That one thing in the
bill of rights, I will guarantee, will prevent
a single vote being cast for this constitution
in the State of Maryland by any known sym-
pathizer with the rebellion. As to the bill
of rights, I much question if there will be
found one man who is against paramount al-
legiance to the government of the United
States, who will vote for this constitution in
any way, shape or form. I much question if
nearly every one of these men did not vote
against holding this convention, I have no
doubt that every man of them is ready to
vote against this constitution when it shall
be presented to the people, notwithstanding
the protection of their liberties in the bill of
rights. I much question to-day if any man
of them would nut rather take this State over
to the tender mercies of the Southern Con-
federacy, where a bill of rights is unknown,
where trial by peers has long ceased to exist,
where every man is at the autocratic will
of a despot, than to keep it in the Union
under all these beneficent provisions of the
bill of rights.
There is not a man in the rebellion to-day,
who can be safely intrusted with the keeping
of one principle of liberty. There is not a
principle of liberty remaining in the heart of
any man who sympathizes with the rebellion.
It is in form autocratic, despotic, and not fit
for a free government. There never will be
found a supporter of the rebellion who will be
willing to support a system of free govern-
ment like this. A few of the richest men
must do as they please, and the rest of the com-
munity must execute their behests. That is
their doctrine.


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 825   View pdf image (33K)
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