at the polls before they were opened, declaring that none but 'the yellow ticket' should be voted, and excluded all others throughout the day."

Constitutional

Convention of 1864.

Early in the first session of the new Legislature a bill was passed authorizing, the holding of an election, in April, 1864, in which the people were to vote "aye" or "no" on the question of holding a convention to frame a new Constitution for the State. The election resulted in favor of the "ayes," many of those who would have opposed the convention not being allowed to vote. The convention was accordingly held, and adopted a new Declaration of Rights and Constitution for the State, which differed from that of 1851 particularly in two respects:* First, it was declared that the Constitution and laws of the United States were above those of the separate States, and must be obeyed by all citizens even if they contradicted State laws; and secondly, that slavery should no longer exist in the State. In the Constitution it was further declared that, in future, no one who in the Constitution. had borne arms against the United States, Slavery Abolished. or who had aided the Confederate cause in any way, should have the right to vote or hold office in the State until after he had entered the military service of the United States and been honorably discharged, or else had been restored to citizenship by Act of the General Assembly. Before any person could vote he might be made to take what was called an “ironclad" oath† that he had never aided those who were fighting against the

Important Changes

*See Appendix C, p. 188, following.

† Ibid.

United States, or even expressed a desire that they should triumph.

After the Constitution had been framed it had to be voted on by the people before it became the law of the State. It contained one very remarkable provision,

A Part of the Constitution Goes into Effect Before it is Voted on.

namely, that those who were going to vote on the question as to whether it should be adopted or not, could only do so under the regulations of this new Constitution, and by taking its prescribed oath. Thus, before it became a law, it was to regulate the votes of those who were to decide whether it was to become a law or not. Furthermore, it was provided that the votes of soldiers serving in the Federal Army outside of the State should be taken on the question of adopting the new Constitution. Three of the most distinguished lawyers of Maryland, Reverdy Johnson, Thomas S. Alexander, and William. Schley declared that these two last-named provisions were contrary to the Constitution and contrary to law. Nevertheless the elections were held in the way prescribed, with the following result:

This gave a majority in favor of the new Constitution of only 375 votes, and if the "soldiers' vote" had not been counted the Constitution would have Constitution been rejected by a majority of 1,995. The number of slaves set free by this new law was

The New

Adopted.

between eighty and ninety thousand, and their value has been estimated at over thirty millions of dollars.

This is the story of Mary

REVERDY JOHNSON.

hear. On the questions at issue the people of the State were divided. On the question of slavery a majority of the people probably sympathized with the South; but, on the other hand, probably a majority of the people werc opposed to secession. The number of slaves in the State was decreasing, and most of the people believed that slavery should be gradually done away with; but on the other hand they were opposed to emancipation all at once and without payment to the slave-owners. Speaking generally, of the counties on the Western Shore, the northwesterly ones, beginning with Carroll County, were in sympathy with the North, while the northern, central and southern counties were in sympathy with the Confederacy. On the Eastern Shore a majority of the people favored slavery and the Confederacy. In the election held in November, 1864, Lincoln, the Republican candidate for President, received, counting the absent soldiers' vote, 40,171 votes; while McClellan, the Democratic candidate, received 32,739. In Baltimore City the vote was: Lincoln, 14,984; McClellan, 2,953. If we

bear in mind that many citizens were disqualified because they were known to be in sympathy with the South, and that many others were absent fighting in the Confederate Army, it will be seen that the State was very nearly exactly divided in opinion.

Maryland Troops on Both Sides.

CHAPTER XII.

THE CIVIL WAR.

There were Maryland soldiers on both sides in the War of Secession. In the Revolutionary War we have seen the whole country united against a common enemy, but now we must view the pitiful sight of the Marylanders fighting, friend against friend, brother against brother, our only consolation being that each was doing what he thought, was his duty in fighting for what he considered the just cause. As early as 1861 the First Maryland Regiment, commanded by Colonel John R. Kenly, left Baltimore to join the Federal Army; and in the same year Bradley T. Johnson, of Frederick, enlisted a company of soldiers for the Confederate service and marched them into Virginia. Here they were soon joined by other Maryland companies and organized into a battalion; but a battalion without arms, food or clothing. They of course could not receive arms from their own State to fight against the Union to which she belonged, and Virginia had not enough to supply her own soldiers. In this emergency Mrs. Johnson determined to ask aid of North Carolina, her native State. Avoiding the Federal lines she journeyed to Raleigh, and in ten days returned to her husband's camp with five hundred rifles, ten thousand cartridges, and thirty-five hundred caps, besides blankets, camp kettles, axes, and such things. The men were then organized into the First Maryland Regiment under Colonel Arnold Elzey, and Bradley T. Johnson was made major.