367]           The Maryland Constitution of 1864.              21

he had openly espoused the cause of a new Constitution
and emancipation early in the fall campaign. Entirely in
the dark as to the course of events,²³ Governor Bradford
unknowingly followed the example of Thomas Swann, and
on October 31 wrote President Lincoln, stating that rumors
were current to the effect that the military forces were to
be present at the polls, and protesting against the same,
also saying: "As there is no reason, in my opinion, to
apprehend any riotous or violent proceedings at this elec-
tion, the inference is unavoidable that these detachments,
if sent, are expected to exert some control or influence in
that election." The letter protested against any "restric-
tions or qualifications on the right of suffrage," and added
that, judging from the President's previous course, he
thought any orders issued must be without his knowledge.
On November 2 Mr. Lincoln wrote in answer to this
letter, that he had conferred with General Schenck, who
had assured him that it was almost certain that violence
would be used at some of the voting places on election
day unless prevented by his provost guards. Further, he
justified his position with reference to his policy in the past
on the ground that the laws of Maryland required no test
of loyalty, and added that General Schenck's order "as-
sumes the right of voting to all loyal men, and whether a
man is loyal, allows that man to fix by his own oath.......
I revoke the first of the three propositions in General
Schenck's General Order No. 53,²⁴ not that it is wrong in
principle, but because the military being, of necessity, ex-
clusive judges as to who shall be arrested, the provision is
liable to abuse. For the revoked part I substitute the
following: That all provost marshals and other military
officers do prevent all disturbance and violence at or about
the polls, whether offered by such persons as above de-
scribed, or by any other person or persons whatsoever.

²³ It appears that General Schenck's order was not at once gen-
erally published.                                                       ²⁴ See page 20.