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DEBATES

OF THE

CONSTITUTIONAL CONVENTION

OF THE

STATE OF MARYLAND,

Assembled at the City of Annapolis, Wednesday, April 27, 1864 :

BEING A FULL AND COMPLETE REPORT OF THE DEBATES AND PROCEEDINGS OF THE CONVENTION, TOGETHER WITH THE OLD CONSTITUTION, THE LAW UNDER WHICH THE CONVENTION

ASSEMBLED, AND THE NEW CONSTITUTION.

OFFICIAL:

WM. BLAIR LORD. REPORTER-HENRY M. PARKHURST, ASSISTANT.

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DEBATES AND PROCEEDINGS

OF THE

Maryland Constitutional Convention,

CONVENED AT ANNAPOLIS, WEDNESDAY, APRIL 27, 1864.

FORTY-FIRST DAY.

WEDNESDAY, July 6, 1864. The Convention met at 12 o'clock, M. Prayer by the Rev. Mr. McNemar. The roll was called and the following members answered to their names:

Messrs. Goldsborough, President; Abbott, Annan, Audoun, Baker, Belt, Bond, Brooks, Brown, Carter, Chambers, Clarke, Cunningham, Cushing, Davis, of Washington, Earle, Ecker, Galloway, Harwood, Hebb, Hoffman, Hopkins, Jones, of Cecil, Keefer, Kennard, Lansdale, Larsh, McComas, Miller, Mullikin, Murray, Noble, Parker, Ridgely, Russell, Sands, Schley, Smith, of Carroll, Stirling, Stockbridge, Sykes, Thomas, Todd, Wickard, Wooden-45.

There being no quorum present,
On motion of Mr. CUSHING,
The Convention adjourned.

FORTY-SECOND DAY.

THURSDAY, July 7, 1864.

The Convention met at 10 o'clock, A. M. Prayer by the Rev. Mr Owen. The roll was called and the following members answered to their names:

Messrs. Goldsborough, President; Abbott, Annan, Audoun, Baker, Bond, Briscoe, Brooks, Brown, Carter, Chambers, Clarke, Cunningham, Cushing, Daniel, Davis, of Washington, Earle, Ecker, Edelen, Galloway, Hatch, Hebb, Hollyday, Hopkins, Hopper, Jones, of Cecil, Keefer, Lansdale, Larsh, McComas, Miller, Morgan, Mullikin, Murray, Noble, Nyman, Parker, Peter, Pugh, Purnell, Ridgely, Russell, Sands, Schley, Schlosser, Scott, Smith, of Carroll, Sneary, Stirling, Stockbridge,

Swope, Sykes, Thomas, Todd, Wickard, Wooden-56.

The journals of Friday, June 24th, and of yesterday were read and approved.

MISCELLANEOUS.

Mr. MORGAN presented the qualification of John F. Dent, member elect from St. Mary's county, and the gentlemen named appeared and took his seat.

On motion of Mr. LANSDALE,

It was ordered to be entered on the Journal that Mr. Duvall, of Montgomery county, is detained from his seat in the Convention by sickness.

On motion of Mr. STOCKBRIDGE,

It was ordered to be entered on the Journal that the absence from his seat in the Convention of Mr. Kennard, of Baltimore city, is occasioned by a death in his family.

On motion of Mr. BOND,

It was ordered to be entered on the Journal that had Mr. Bond been present on Friday, the 24th ult., when the vote was taken on the 23d Article of the Bill of Rights, he would have voted for the amendment offered to sad Article by Mr. Brown, and that he would have voted against the said 23d Article.

On motion of Mr. BROOKS,

It was ordered to be entered on the Journal that had Mr. Brooks, of Baltimore city, been present on Friday, June 24th, he would have voted against the amendment offered by Mr. Brown, and in favor of the adoption of the 23d Article of the Bill of Rights.

On motion of Mr. BELT,

It was ordered to be entered on the Journal

that if Mr. Belt had been present on Friday, June 24th, he would have voted in the negative on the adoption of the 23d Article of the Bill of Rights.

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On motion of Mr. PUGH,

It was ordered to be entered on the Journal that had Mr. Pugh, of Cecil, been present on Friday, June 24th, he would have voted against the amendment of Mr. Brown to the 23d Article of the Bill of Rights, and in favor of the adoption of the Article as reported by the Committee.

On motion of Mr. TODD,

It was ordered to be entered on the Journal that had Mr. Todd been present on Friday, June 24th, he would have voted against the amendment of Mr. Brown, to the 23d Article of the Bill of Rights, and in favor of the adoption of the Article as reported by the Committee.

On motion of Mr. NOBLE,

It was ordered to be entered on the Journal that had Mr. Noble been present on Friday, June 24th, he would have voted against the amendment offered by Mr. Brown, to the 23d Article of the Bill of Rights, and in favor of the Article as reported by the Committee. On motion of Mr. AUDOUN, it was Ordered, that the Committee on the Judiciary be and they are hereby requested to inquire into the expediency of empowering the several Orphans' Courts of this State to authorize guardians and administrators to lease vacant lots belonging to deceased persons' estates and wards.

On motion of Mr. MILLER, it was Ordered, that the Committee on the Judiciary be instructed to inquire into the expediency of inserting a provision in the Constitution requiring every case in the Court of Appeals to be decided by said court within three months after the same has been argued or submitted for decision.

Mr. MILLER Submitted the following order: Ordered, that the Committee on Elections be instructed to inquire and report whether under the provision of the Convention Bill requiring the qualifications for a seat in this Convention to be the same as those required for a seat in the House of Delegates, or any other provision of said act, any person holding any civil or military office under the United States, or any minister or preacher of the gospel, or any person holding any civil office of profit or trust under this State, except justices of the peace and senators or delegates in the present Legislature, is entitled to a seat in this body.

Mr. STIRLING moved to lay the order upon the table.

Upon that question Mr. MILLER called for the yeas and nays, which were ordered.

The question being then taken by yeas and nays, it resulted-yeas 41, nays 16-as

follows:

Yeas-Vessrs. Goldsborough, President; Abbott, Annan, Baker, Brooks, Carter, Cunningham, Cushing, Daniel, Davis, of Washington, Earle, Ecker, Galloway, Hatch, Hebb, Hopkins, Hopper, Jones, of Cecil,

Keefer, Larsh, McComas, Mullikin, Murray, Noble, Nyman, Pugh, Purnell, Ridgely, Russell, Sands, Schley, Schlosser, Scott, Smith, of Carroll, Sneary, Stirling, Stockbridge, Swope, Sykes, Wickard, Wooden-41.

Nays-Messrs. Audoun, Belt, Bond Briscoe, Brown, Chambers, Clarke, Dent, Edelen, Hollyday, Lansdale, Miller, Morgan, Parker, Peter, Thomas-16.

The following explanations were made by members as their names were called :

Mr. MILLER. I wish to say that I did not offer this order as a partisan measure at all, because it reaches members upon both sides of this body. The Convention Bill, according to my judgment, is very clear in its provisions that the classes of persons have designated in my order, are not entitled to seats in this body. There is a clause in the Convention Bill, however, which makes that construction liable to a doubt. I merely wish the Committee on Elections to examine and report to this body whether such members were entitled to seats here, and what the powers of this body were. I offered the order for no partisan purpose, but merely to call the attention of the Committee on Elections to the subject, and have them report, so that it may be decided by what part of the Convention Bill this body is bound. I therefore vote "no."

Mr. SANDS. Being one of that unfortunate class of people who happen to hold office under the Constitution of Maryland, I ask to be excused from voting. I will only say that if I had had any doubt about my right to hold a seat here, I would not rest satisfied until that doubt was settled.

The Convention refused to excuse the member from voting, and he voted "aye."

Mr. STIRLING. I moved to lay this order on the table for the reason that if it were adopted, so far as determining the question of eligibility to a seat here, it can result only in nothing or in breaking up this Convention. I am therefore opposed to having this subject inquired into in any shape or form. I vote "aye."

Mr. TODD. Regarding the order of the gentleman from Anne Arundel (Mr. Miller) as especially complimentary to my self, motives of modesty induce me to ask to be excused from voting.

The member was accordingly excused. The motion to lay the order on the table was accordingly adopted.

LIMITATION OF SPEECHES.

Mr. ABBOTT Submitted the following: Ordered, That the time allowed each member for debate on any question before the Convention be limited to fifteen minutes that no extension of time be granted except by a vote of two-thirds of the members pres

ent.

Mr. THOMAS. I am opposed to the adoption of that order. I take it that gentlemen

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