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On the evening of October 28 the Unconditional Unionists closed the campaign with a large and enthusiastic massmeeting in Monument Square, the largest held in Baltimore for years. John Lee Chapman, Mayor of Baltimore, presided, and addresses were made by Henry Winter Davis, Salmon P. Chase, General James A. Garfield, BrigadierGeneral E. B. Tyler, and others of local or national reputation. Strong resolutions were passed favoring the prosecution of the war, "supporting the whole policy of the [National] administration," and also saying "we are in favor of emancipation in Maryland by a Constitutional Convention," and that "the convention ought to meet and conclude its labors that the Constitution may be ratified at least by the next Presidential election." An additional clause declared that "traitors who do not acknowledge the government whose authority protects the ballotbox have no right to meddle with the elections." This was perhaps intended as a judicious hint of what followed during the next few days.

In spite of the great weight and importance of the questions involved, it has been stated by those in a position to know, that there was much less strife and animosity of party feeling than might have been expected, which can be explained by the fact that the larger part of the contestants were united in their loyalty to the Union. In addition, affairs were further complicated and party lines practically broken by a dissatisfied independent movement in Baltimore City, which nominated several candidates of its own for local offices and the Legislature. This did not obscure the dominant questions, however, which were to be dedecided on the election of a Comptroller.

Suddenly a different phase was put on the entire situation. by the interference of an exterior force-the militaryacting to some extent at least on the authority of the National Government.

On October 26, Thomas Swann, chairman of the (Conditional) Union State Central Committee, had sent the following letter to President Lincoln:

OFFICE OF THE UNION STATE CENTRAL COMMITTEE,
BALTIMORE, October 26, 1863.

TO THE PRESIDENT.

Sir:-A suspicion having taken possession of the minds of many loyal Union voters of the state of Maryland, that the election about to take place on the 4th of November, will be attended with undue interference on the part of persons claiming to represent the wishes of the Government, I am induced, by what I know to be the desire of a large number of our people, and in furtherance of applications daily made to me, to ask most respectfully, that you would place me, as Chairman of the Union State Central Committee, in possession of your views upon this subject, in order that they may be communicated to loyal voters throughout this state.

I will beg you to believe, Mr. President, that it is with no doubt or distrust on my part, as to what will be your response to this letter, that I ask this favor at your hands; but simply to satisfy a large class of persons who believe that an expression of opinion on your part, would not be without its benefit to the people of the state, in promoting what we all desire, a fair expression of the public voice.

I am, with great respect, your obedient servant,

THOMAS SWANN,

Chairman of the Union State Central Committee.

The President replied on the next day as follows: EXECUTIVE MANSION, WASHINGTON, D. C., October 27, 1863.

HON. THOMAS SWANN.

Dear Sir:-Your letter, a copy of which is on the other half of this sheet, is received. I trust there is no just ground for the suspicion you mention, and I am somewhat mortified that there could be a doubt of my views upon this point of your inquiry. I wish all loyal, qualified voters in Maryland and elsewhere, to have the undisturbed privilege of voting at elections; and neither my authority nor my name can be properly used to the contrary. Your obedient servant,

A. LINCOLN.

Major-General Robert C. Schenck had been placed in command of the Middle Department, Eighth Army Corps, on December 17, 1862, with headquarters in Baltimore, and had been most active in his support of the National Government, as well as in using severe and stringent means to suppress all traces of disloyalty. This, of course,

had aroused bitter opposition in the Southern sympathizers and also the more conservative Union people of the state, who were stated above as opposing the policy of the administration. On the other hand, the outspoken Unionists had, in many cases, enthusiastically supported General Schenck. A good instance of this is found in the fact that, when in July, 1863, he levied damages on known Southern sympathizers in Harford county to reimburse their Union neighbors for wanton destruction of their property by unknown persons," the Second Branch of the City Council on August 10 passed unanimous resolutions thanking him for this severe measure, and endorsing his administration."

Now, on October 27, 1863, General Schenck issued his famous "General Order No. 53," in which he practically took military control of the ballot-box in the coming election. After stating that "It is known that there are many evil-disposed persons now at large in the state of Maryland who have been engaged in rebellion against the lawful Government, or have given aid and comfort or encouragement to others so engaged, or who do not recognize their allegiance to the United States, and who may avail themselves of the indulgence of the authority which tolerates their presence to embarrass the approaching election, or through it to foist enemies of the United States into power," it was ordered, first, that provost-marshals and other military officers "arrest all such persons found at, or hanging about, or approaching any poll or place of election on November 4, 1863;" second, that these officers should require of voters who were challenged on the ground of disloyalty the following oath: "I do solemnly swear that I will support, protect and defend the Constitution and Government of the United States against all enemies, whether domestic or foreign; that I hereby pledge my allegiance, faith and loyalty to the same, any ordinance, resolution, or law of any State Convention or State Legislature to the contrary

20 "Sun," July 30, August 8.

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Sun," August II.

notwithstanding; that I will at all times yield a hearty and willing obedience to the said Constitution and Government, and will not, either directly or indirectly, do any act in hostility to the same, either by taking up arms against them, or aiding, abetting, or countenancing those in arms against them; that, without permission from the lawful authority, I will have no communication, direct or indirect, with the states in insurrection against the United States, or with either of them, or with any person or persons within said insurrectionary states; and that I will in all things deport myself as a good and loyal citizen of the United States. This I do in good faith, with full determination, pledge, and purpose to keep this, my sworn obligation, and without any mental reservation or evasion whatsoever." Thirdly, it was ordered that judges of election refusing to carry out this order were to be reported to headquarters.

As General Schenck and his officers had openly advocated the election of the Unconditional Union ticket, this order was, aside from all expediency, most unfair to the loyal citizens in the Conditional Union and Democratic parties. It was naturally greeted with a storm of protests by them, and execrated from one end of the state to the other. The radical Union men, aside from political influences, generally endorsed it, urging that the importance of the full support of the Union by Maryland was far more important than any matters of local liberty and freedom.

Governor Bradford, a man of undoubted loyalty, who had courageously upheld the Union cause without compromise, and was in personal and friendly communication with the military authorities, had received no intimation in regard to the order." This was rather bad treatment, for the chief magistrate of the state certainly deserved at least the courtesy of a proper notice that the state laws were to be superseded by military direction, especially since

22 Governor's Message, Senate and House Documents, 1864.

he had openly espoused the cause of a new Constitution and emancipation early in the fall campaign. Entirely in the dark as to the course of events," Governor Bradford unknowingly followed the example of Thomas Swann, and on October 31 wrote President Lincoln, stating that rumors were current to the effect that the military forces were to be present at the polls, and protesting against the same, also saying: "As there is no reason, in my opinion, to apprehend any riotous or violent proceedings at this election, the inference is unavoidable that these detachments, if sent, are expected to exert some control or influence in that election." The letter protested against any "restrictions or qualifications on the right of suffrage," and added that, judging from the President's previous course, he thought any orders issued must be without his knowledge.

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On November 2 Mr. Lincoln wrote in answer to this letter, that he had conferred with General Schenck, who had assured him that it was almost certain that violence would be used at some of the voting places on election day unless prevented by his provost guards. Further, he justified his position with reference to his policy in the past on the ground that the laws of Maryland required no test of loyalty, and added that General Schenck's order assumes the right of voting to all loyal men, and whether a man is loyal, allows that man to fix by his own oath. . . . I revoke the first of the three propositions in General Schenck's General Order No. 53," not that it is wrong in principle, but because the military being, of necessity, exclusive judges as to who shall be arrested, the provision is liable to abuse. For the revoked part I substitute the following: That all provost marshals and other military officers do prevent all disturbance and violence at or about the polls, whether offered by such persons as above described, or by any other person or persons whatsoever.

"It appears that General Schenck's order was not at once generally published. 24 See page 20.

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