166 court of appeals of maryland
for books and papers. Sets of the reports of Mary-
land cases and copies of leading text books and
books of laws, a continuation of the old court-room
collection of earlier years, were kept in the high
cupboards on the northwest wall. The cupboards
are still in place. A system of furnace heating
was installed, and the original fireplace was
bricked up.
It is not unlikely that the arrangement of the
judicial system made in the constitution of 1851
might have endured fixed in the customs of the
people for generations, had not the Civil War in-
tervened and caused it to be referred to the archi-
tects and builders again in the constitutional con-
ventions of 1864 and 1867. At least, there was
little mention of objections to the judicial arrange-
ment while it was in force. The constitution of
1864 was born of the passions of the war, and ex-
pressed the will of only a portion of the people
temporarily in power, and supported by the fed-
eral military rule, which was then, under General
Robert C. Schenck, U. S. A., complete over the
state; and the constitution of 1867 was the post-
war reaction from that of 1864. And in this as-
pect both may be considered results of the war.
That of 1864 naturally met with keen opposition,
especially because of its purpose to disfranchise
sympathizers with the southern cause. A small
group of men, of which Oliver Miller was one,
made an effort to organize the opposition to the
calling of a convention, but it was ineffectual. The
election of delegates took place in November 1863.
Only half of the legal vote in the state was cast
at the polls, and out of 40,000 voters in Baltimore
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