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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1925   View pdf image
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have not allowed me to review them as thor
oughly or satisfactorily as I could desire.
am gratified, however, that these returns of
the soldiers' vote have passed under the search
ing scrutiny of the able counsel who has
inspected them. They will satisfy him, I
think, of a purpose everywhere manifested on
their face to state frankly and without reserve
the facts as they really occurred, indeed, in
several of his objections, and in nearly all of
those that have been sustained, the very foun-
dation of the objection has been furnished by
letters filed with, or special statements an-
nexed, to the regular returns, which but for
these special annexations would have presented
no cause of objection, and I rejoice to see, as
I think these circumstances obviously show,
a purpose on the part of the soldiers to abide
strictly by the law, and avail themselves of
no privileges except what the law allows. A
month before the election, as I fully explained
to the committee to whom I have herein re-
ferred, I caused to be printed and cent to all
our organized commands a circular of instruc-
tion, calculated not only to insure an observ-
ance of the law, but to guard against any
one's being permitted to vote who would not
be entitled to do so if he had been at home.
The entire vote authorized by the constitu-
tion having been thus accurately ascertained,
it becomes my duty in obedience to its man-
date to proclaim the result and its adoption.
I propose to do this simultaneously with the
publication of this opinion. The very near
approach of the day appointed for the consti-
tution to take effect, and an important elec-
tion so soon afterwards depending on this an-
nouncement, will not permit of longer delay.
The duty thus imposed upon me is a plain
proceeding of a purely ministerial and execu-
tive character, which leaves me no discretion,
and which I dare not disobey.
In obedience to the conclusions to which
the governor had thus arrived, and to the re-
quirements of section nine of article XII of
the constitution, the governor at the same
time published the following proclamation :
Whereas, by an act of the general assembly
of Maryland, passed at January session,
eighteen hundred and sixty-four, entitled "an
act to provide for the talking of the sense of
the people upon the call of a convention to
frame a new constitution and form of govern-
ment for this State, to provide for an election
of delegates to said convention, and the as-
sembling thereof," it is provided that the
constitution and form of government adopted
by the said convention, as aforesaid, " shall
be submitted to the legal and qualified voters
of the State, for their adoption or rejection,
at such time, in such manner, and subject to
such rules and regulations as said convention
may prescribe."
And whereas, it is further provided bysaid
act "that when the governor shall receive
the returns of the number of ballots cast in
this State for the adoption or rejection of the
constitution submitted by the convention to
the people, if upon counting and casting up
the returns as made to him, as hereinbefore
pa-escribed, it shall appear that a majority of
the legal votes cast at said election are in fa-
vor of the adoption of the said constitution,
he shall issue his proclamation to the people
of the State, declaring the fact, and he shall
take such steps as shall be required by the
said constitution to carry the same into full
operation, and to supersede the old constitu-
tion of this State."
And whereas, in pursuance of the said act
and of a vote of a majority of the people of
the State, taken in conformity to its provi-
sions, and in favor of the assembling of said
convention, that body did convene at the city
of Annapolis, on the day appointed by said
act, and did on the sixth day of September
last adopt a new constitution and from of
government; and did therein direct that the
same should be submitted for the adoption or
rejection of the people of the State at an elec-
tion to be held in the several counties of the
State and the city of Baltimore for that pur-
pose, at a certain time therein specified; and
did also therein provide that an election
should be held likewise for a similar purpose
"ill each company of every Maryland regi-
ment in the service of the United States or of
this State."
And whereas, by said constitution it was
further provided that the governor, upon re-
ceiving the result of said elections, and ascer-
taining the aggregate vote throughout the
State, including the soldiers' vote aforesaid,
should by his proclamation make known the
same, and if a majority of the votes cast
should be for the adoption of said constitu-
tion, it should go into effect on the first day
of November, eighteen hundred and sixty-four.
And whereas, the elections as provided for
were held in the said counties of the State and
the city of Baltimore, and in the said military
companies in the service of the United States.
And whereas, the results of said elections
have been duly certified to me by the proper
judges of the said several elections, and upon
accurately counting and casting up the votes
so returned to me for and against the said
constitution, including the soldiers' vote
aforesaid, it doth appear that there were
thirty thousand one hundred and seventy-
four '(30,174) ballots for the constitution, and
twenty-nine thousand seven hundred and
ninety-nine (29,799) ballots against the con-
stitution, and that there were sixty-one (61)
blank ballots, and that there were thirty-three
(33) ballots reported as given against the con-

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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1925   View pdf image
 Jump to  

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