413]           The Maryland Constitution of 1864.              67

Maryland by Southern forces during the last two years,
and the many instances of divided sympathy consequent
upon the position of Maryland as a border state; all these
facts may be considered as exerting a strong influence
toward this radical action on the part of the majority mem-
bers. The report handed in by the four Union members
of the Committee on Elective Franchise¹¹² had contained
a test oath as a qualification for office, which was after-
wards amended to make it more stringent. A minority
report handed in by Messrs. Brown of Queen Anne's and
Marbury of Prince George's¹¹³ had contained merely an
oath of allegiance to the Constitution of the United States
and the Constitution and laws of Maryland. Neither re-
port contained a test oath for voters. Mr. Stirling on
August 11 offered the amendments which were finally
adopted as section 4, and prescribed the disqualifications
arising under the war, and the additional oath for voters.¹¹⁴
The provision, which was quite long, forever disfranchised
"and prohibited from holding office all those who had at
any time been in armed hostility to the United States or
in any manner "in the service of the so-called Confederate
States of America," who had voluntarily gone South for
that purpose, had given aid, comfort, countenance or sup-
port to the enemies of the United States or adhered to
them by contributing to them, or "unlawfully sending
within the lines of such enemies money or goods or letters
or information," or "disloyally held communication with
them." In addition there were included under the ban all
those who had "advised any person to enter the service
of the said enemies, or aided any person so to enter or who
[had] by any open word or deed declared [their] adhesion
to the cause of the enemies of the United States, or [their]
desire for the triumph of said enemies over the arms of the
United States. "These disqualifications could be removed
only by service in the military forces of the Union,

¹¹² Proc., 431-3.             ¹¹³ Proc., 449-51.             ¹¹⁴ Proc., 463-8.