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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 826   View pdf image (33K)
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826
I tell you it simply comes to the question
whether the Union men of Maryland shall
control the State, when we shall have peace
and quiet, or whether the secessionists shall
be permitted continually to disturb the
State. It comes to the question whether you
will give to the loyal people of the State of
Maryland the power of the State, or whether
you will allow the secessionists to force them
to the wall and make them give up all their
rights under the constitution and the gov-
ernment, or drive them from the State. For
one, as a Union man, holding my allegiance
to the government straight through, I prefer
to be one of the men that shall live in Mary-
land.
Mr. CHAMBERS. The gentlemen who have
addressed the Convention have made various
statements with regard to the conduct of in-
dividuals, of which I have no more know-
ledge than a man that is ten thousand miles
distant. With regard to the lists of names
of persons to be assessed, I never heard of it
before; with regard to going out and dining,
I never heard of it before; and so with re-
gard to various instances of outrage, they are
new to me. But with regard to them all I
have this question to ask: How do they affect
the great fundamental principles recognized
as operating through all time and in every
condition of society?
I do not understand that because violations
of law, of the grossest description, exist,
therefore all law is to be disregarded. I do
not understand that because the worst crim-
inals that ever lived and disgraced the earth,
are flagrantly pursuing their nefarious and
infamous proceedings, therefore great and
fundamental principles, that have been conse-
crated by the universal consent of all time, of
all ages, and of all sages, should be disre-
garded.
Again, sir, those gentlemen have treated
the remarks which I had the honor to submit,
as a design to exculpate individuals who are
guilty of treasonable or other offences against
their country. Have I said one word to jus-
tify such an imputation? Let the crime be
described. Let the offence bemade known.
We have the power. The Legislature has
endeavored to execute it. It has been com-
posed of men of the proper sort, according to
the estimate of these gentlemen. Make known
the law. Announce it. Constitute the crime
of what materials yon please. Put together
any statement of facts, or any particular act
of individuals, and convert it into an indicta-
ble offence. Prosecute it to the last degree.
Let every offender, whoever he may be, come
within the pale of punishment. I am not for
letting anybody escape punishment who de-
serves it. But I do protest, whether there
be a crime or some facts now for the first
time charged to be crime, or facts which gen-
tlemen choose to call crime, that do net
amount to any moral turpitude, a charge of
any sort. I protest and object to having a
charge thus made, and placed in the hands of
some military officer, from a major general
or lieutenant general, down to an ensign,
with power to seize the party, to judge of his
offence, to determine upon the question of his
punishment, and forthwith to execute it.
The gentleman says this is not the time.
Sir, the principles of right and wrong have
existed just so long as that Eternal Being has
occupied his throne, and will endure just so
long as time and eternity continue. What is
fundamentally right, what is Bound, serious,
fundamental principle, remains unchanged by
time, place, and circumstance. It is not for
Mr. A. B, or Mr. C. D, or for any other per-
son, who may wish to perpetrate an offence,
to say that principles are changed.
I was surprised at an expression which es-
caped from the learned gentleman from How-
ard (Mr. Sands,) that when these principles
were declared eternal and immortal, not to be
violated at any time, or in any place, or under
any circumstances, he did not know that the
house of the governor was to be burned, and
the enormities that were to be committed. If
the enormities and the sins of the people of
the State of Maryland are such that they are
not entitled to the benefit of these general
fundamental principles, let a motion be made
to repeal them. Will any gentleman here
to-day be willing to negative any one of these
assertions that I have read from the bill of
rights? Would any gentleman here, even
after the bitter experience, the impassioning
experience, the prejudicing experience of the
last fortnight—which, permit me to say, hag
been very much calculated to blind, the judg-
ment—be willing to say that no man is enti-
tled to the trial of the facts, that no man
should be protected in his right, that any
aid, charge, tax, burden or fees, may be
rated or levied without the consent of the
Legislature? Would gentlemen be willing
to negative those provisions of the bill of
rights?
Mr. SANDS. Will the gentleman pardon
me for interrupting him, for he misunder-
stands me? It is precisely that all these pro-
visions may be enforced, that this order was
offered. I understand that these people
against whom the order is to operate, are to
suffer the consequences of their misconduct,
that these provisions may be strictly enforced.
It is precisely to enforce the principle that no
man shall be stripped of his property, that
no man's house shall be burned, that no man
shall be deprived of personal liberty in the
State of Maryland, without due process of
law, that I offered this order.
Mr. CHAMBERS. Does the gentleman un-
derstand the use of language? For a military
officer to assess at discretion, without a jury,
without an indictment, without a witness—
will the gentleman tell me that that is in pur-
suance of these principles? Will the gen-


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 826   View pdf image (33K)
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