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The Maryland Constitution of 1864
Volume 667, Page 62   View pdf image (33K)
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64                 The Maryland Constitution of 1864.             [410

gard to political lines, largely opposed to any poll-tax,100
so the prohibitory clause was retained in Article 15 with
a slight change of phraseology.101 Article 22 limited the
declaration against compulsory evidence to criminal cases
thereafter, in order to conform to the laws as it stood in the
Code, by which any party might in any civil case be com-
pelled in a Court of Common Law, as well as in Equity,
to give evidence against himself. Article 27 was changed
to allow forfeiture of estate for treason, a thing heretofore
not allowed in Maryland for any cause.102 The minority
of course opposed this change, Mr. Chambers in particular
leading in the debate against it, the ground taken being
that it would be an inhuman and unjust treatment of the
innocent wife and children of a man convicted. Mr.
Clarke made an effort to amend the article by having the
forfeiture of estate only continue during the life of the
person convicted, but was unsuccessful,103 as the majority
could not leave open this chance for future questioning
of the various confiscations of "rebel" property. Article
31 changed the phraseology in regard to quartering sol-
diers in time of war, by providing that the manner should
be "prescribed by law," thus corresponding literally with
the third amendment to the Constitution of the United
States. The words formerly used had been "as the Leg-
islature may direct."104 The requirement of a test oath of
allegiance both to Maryland and the United States, was
inserted in Article 37, which treated of the tests or quali-
fications required for office. The minority opposed this.
An additional change was made in the same article by
omitting the word "Jews " and allowing all persons, with

100 Deb., i, 168-80, 190-201, 217-20. Mr. Jones, of Somerset,
favored an income tax (Deb., i, 188-9).

101 Proc., 106-8, 110-4, 123-5.

102 Article 24 in Constitution of 1850-1.

103 Proc., 131, 138-41; Deb., i, 239-47, 249-70.

104 Proc., 158-9; Deb., i, 356-60 (observe the different numbering of
the articles in the report of the committee, etc.).

 

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The Maryland Constitution of 1864
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