28                The Maryland Constitution of 1864.            [374

is no record of any violence or breach of the peace on the
part of the citizens of the state. This was no doubt partly
the result of intimidation, but also showed the admirable
power of self-restraint and the law-abiding character of the
people. Although, as stated above, the general result
throughout the state was not materially affected by this
use of armed force, yet the great question is as to who
was originally responsible for the move, and to what extent
it was justified. After a careful weighing of the evidence,
our opinion is that President Lincoln and General Schenck
used the military merely to keep disloyal citizens from
voting, a proceeding which may partly be justified as a
legitimate political move to strengthen the hands of the
government in time of war. The policy of the administra-
tion in regard to the other border states tends to confirm
this view.³⁷

The Baltimore American repeated the strong argument
that had been urged by President Lincoln in support of
this measure, by saying in an editorial on November 23,
1863: "The very fact that the laws of the state provided
no remedy for its protection against the arts of treason
as lately displayed at the polls, constituted an imperative
and all-sufficient reason why the general government
should provide some remedy for so unexpected and grave
a disability."

The great mistake, and the one for which General
Schenck deserves severe censure, if not positive condemna-
tion, is found in the fact that he not only openly espoused
the cause of the Unconditional Union party, but actually
made political speeches at various meetings in different
parts of the state, and urged the people to vote for Golds-
borough and the other candidates on that ticket. He also
allowed his officers to do the same.³⁸ It would be hard to

³⁷ Nicolay and Hay, "Life of Lincoln," viii, 420, 427-8, 432-3,
441, etc.

³⁸ See "Sun," Aug. 17, Oct. 29; "American," Oct. 9, 15, 16, 19,
23, 29.