96                The Maryland Constitution of 1864.            [442

same day, on the ground that no sufficient reason was
given for its interposition. From this decision an appeal
was at once taken to the Court of Appeals. Prior to this,
the same petition had been presented to the Circuit Court
of Anne Arundel county (Judge William H. Tuck), had
been likewise dismissed and an appeal taken. Further,
pending these proceedings still another petition, in behalf
of E. F. Chambers and others, was presented to the Cir-
cuit Court of Baltimore County (Judge John H. Price) and
also to the same Anne Arundel Court, praying for an in-
junction to restrain the Governor from counting the sol-
diers' vote. It was dismissed by both courts and likewise
appealed.

This made four appeals, and hearing on them was be-
gun in the Court of Appeals on October 27, 1864. After
disposing of some technicalities as to the eligibility of cer-
tain Judges to sit in the trial of these cases on account of
their owning slaves, the case was argued by I. Nevitt
Steele, William Schley¹⁰ and T. S. Alexander on behalf of
the appellants, and by Henry Stockbridge and Henry Win-
ter Davis for the other side. On October 29, 1864, the
court, through Hon. Richard J. Bowie, the Chief Justice,
gave its decision unanimously sustaining Judge Martin in
his order dismissing the first case.¹¹

While these proceedings were in progress, application
was made to Governor Bradford for permission to can-
vass the returns of the soldiers' vote made to him, of which
he was sole judge, and to show cause why certain of these
votes should be rejected and not counted. The Governor
consented, and the votes and returns were canvassed in
detail, William Schley arguing the question against ad-
mitting them, and Archibald Stirling, Jr., and Alexander

¹⁰ Not the member of the Convention. The latter was Frederick
Schley, of Frederick county.

¹¹ Deb., iii, 1915-9; 22 Md. Reports, 170, Miles vs. Bradford.
Also see contemporary newspapers.