Mr. THOMAS. I am perfectly satisfied from the explanations made by members of several committees here, that the committees need another clerk, and therefore I am prepared to vote for this order. As to our committee clerks not attending to their duties, I rather think they have attended to their duties as well as the members of this Convention have attended to theirs. I think those who live in glass houses should not throw stones. Mr. TODD. I would like to have this order amended by adding "the Committee on Future Amendments to the Constitution.' Mr. NEGLEY. I will accept the amendment. I will simply state that this gentleman is very competent, and I am satisfied will do as much writing as two ordinary men. Mr. HEBB. The remarks that have fallen here from various members of committees may be considered a reflection upon our committee clerks. I can only say that I know that they have been sitting here ready to work, but with nothing to do. They have spoken to me several times, and told me they had nothing to do. For that reason I shall vote against this order. Mr. STOCKBRIDGE. I am satisfied that we now have clerks enough appointed to perform all the clerical work of the Convention. They are ready and willing to do the work, but it may be that members do not know the committee clerks when they see them. I am sure that is the case, for I have heard gentlemen remark that they had performed clerical duties for their committees, when in one case I know that at the very time the gentleman made the remark, there was a clerk in the committee room while he was attending to the duties of clerk himself. It must be that gentlemen do not know the clerks. I am satisfied if they will inquire they will find the clerks willing and competent to do all the work required of them. Mr. ABBOTT. I hope that no one will think that I intended to cast any reflection upon any clerk of our committees. I simply desired to state that I had not yet seen any of the clerks, but I supposed they were engaged upon any committees. The PRESIDENT. I do not know that it is the duty of a clerk to attend all the sessions of a committee, unless he is directed or requested to do so. He is to copy all manuscripts handed to him, &c. Mr. NEGLEY. I am satisfied there is a deficiency of clerical force here. The gentleman from Baltimore city (Mr. Stockbridge) says that he considers the clerical force sufficient. But members should consider that there are seventeen standing committees, and I do not know how many outside committees. And I hold it to be utterly impossible for a man to be in two places at the same time; and I cannot conceive how four men can be in seventeen different places at the same time. Gur committees generally meet in the early part of the day before the session of the Convention commences. We have but four committee clerks now, and the old Convention had a much larger clerical force than that. And I am sure, from statements made by gentlemen here, that we need the services of at least another clerk. Mr. DANIEL. I will move as an amendment, that the President be directed to apportion the clerks among the several committees. Then, if it is found that there is any necessity for more clerks, I will be ready to vote for their appointment The PRESIDENT. The amendment the gentleman proposes would be more appropriate in the form of a substitute. He will reduce it to writing and submit it. Mr. THRUSTON. I would say, as a member of the Committee on the Legislative Department, that we have had a clerk who has been very attentive and industrious. It is true I have seen committee clerks about here all the time unemployed, but I am sure it is because gentlemen do not know who they are. shall vote against this order, because I think there are already a sufficient number of clerks. I Mr. BRISCOE. I would inquire how many committee clerks there are already appointed? The PRESIDENT. There are four. Mr. BRISCOE. It seems to me that these clerks have not been employed-have had nothing to do. I think that number might be able to go from one committee room to another, and do all the work of this Convention. The work here is not like the ordinary business of the Legislature. Here there are only a certain number of reports to be made, while in the Legislature there are generally from four hundred to five hundred bills to be drawn every session. And yet the Legislature has but five or six committee clerks. It does seem to me that four clerks are sufficient to perform all the work we require of them. If it shall be ascertained hereafter that there are not enough, then we can increase the number. That is my view of it, though there is such a variety of opinion about the subject that I cannot understand exactly how to vote. Mr. SCHLEY. It affords me pleasure, as the chairman of the Committee on the Legislative Department, to add my testimony to that of the gentleman from Allegany, (Mr. Thruston,) and to state that we have a very attentive and industrious clerk, and I think we have abundant occupation for him. I know also that there is a general misapprehension about the clerks here. Those who are here I am sure have been more employed than the Convention is aware of; they have been a great deal employed. It may be that they have not been constantly and regularly employed for the reason assigned here, that they are not known to members of the committees, but I do think there is occupation enough for them all, and I am aware, besides, that the gentleman in whose favor this proposition is Mr. TODD submitted the following order: The order was laid on the table. now offered, has been called upon, because the other clerks were either engaged upon committees or were not known to members, and were not to be had, and he has done the work of a committee clerk throughout; and I am clearly of the opinion that he deserves to be rewarded for what he has done, and I also think that for a time longer at least, his services will be required in addition to those we now have. I therefore propose to amend this proposition by inserting before the word "added" the word "temporarily," so that it shall read "be temporarily added as an ad-report favorably upon said order, and recomditional committee clerk," &c. Mr. DANIEL. I offer the following as a substitute for the order, as offered by the gentleman from Washington county, (Mr. Negley.) Ordered, That the President be requested to apportion the several committee clerks among the several committees of this Convention, and if he should believe any clerk, or more, necessary he be and is hereby authorized to appoint the same. Mr. JONES, of Somerset, called for a division of the queston upon the adoption of the substitute, which was ordered. The question was first taken upon the portion directing the President to apportion the clerks to the several committees, which was agreed to. The question being then taken upon the part authorizing the appointment of additional clerks if found necesssary, it was not agreed to. ORDERS. On motion of Mr. AUDOUN, Ordered, That the Committee on the Elective Franchise be requested to inquire into the expediency of inserting the following article in the Constitution : "That every person who has in any manner aided in the present rebellion against the Government of the United States, ought to be forever disqualified and rendered incapable to hold or exercise within this State any office of profit or trust, civil or military, or to vote at any election hereafter to be held in this State." On motion of Mr. HATCH, Ordered, That the following be referred to the Legislative Committee, "that the faith of the State shall never be pledged for works of internal improvements or any other tax, except what is necessary for the support of the Government or to suppress insurrection or repel invasion." On motion of Mr. THOMAS, Ordered, That the Comptroller be requested to furnish the Convention with a statement of the amount of stock held and owned by the State of Maryland in the several railroads and other works of internal improvement, specifying the amount held in each company or corporation, and what proportion of said stock is represented by Directors, and also the amount of interest due on said stock. Mr. VALLIANT, from the Committee on Reporting and Printing, submitted the following report, which was read: The Committee on Reporting and Printing, to whom was referred the order to appoint a Stenographer to the Convention, beg leave to mend its adoption by the Convention, together with the additional orders herewith reported. Ordered, That the Stenographer appointed by virtue of the 3d section of the Convention bill, is hereby appointed the permanent Stenographer to the Convention. Ordered, That the President of the Convention be authorized to pay to Mr. Wm. Blair Lord, the Official Reporter of the Convention, upon the certificate of the Committee on Reporting and Printing, such sums as from time to time may be due to him, estimating the same at the rate of three dollars ($3) per page of the printed debates and proceedings of the State Constitutional Convention. Ordered, That there be furnished to the Official Reporter of this Convention, and to his assistant, one copy each of such books and documents as may be or have been ordered for the use of the members of the Convention and two copies each of the printed sheets of the journal of proceedings, and the debates and proceedings of the Convention. Mr. VALLIANT, in behalf of the majority of the Committee on Reporting and Printing, also submitted the following report, which was read: In pursuance of an order adopted by the Convention, the Committee on Reporting and Printing, report that they have contracted with Mr. J. McGarigle to correct errors in the proof sheets of the debates, superintend the printing thereof, and perform such other duties as may be suggested by this Committee, for the sum of three hundred dollars; and that they have also contracted with Daniel M. Moore to index the journal of proceedings, the debates and the Constitution for a like sum. On motion of Mr. BERRY, of Prince George's, The Convention adjourned. SEVENTEENTH DAY. MONDAY, May 23d, 1864. The Convention met at 12 M. Prayer by the Rev. Mr. Davenport. Present at the call of the roll the following members: Messrs. Goldsborough, President; Abbott, Annan, Audoun, Baker, Barron, Belt, Berry of Prince George's, Billingsley, Blackiston, Bond, Briscoe, Brooks, Brown, Carter, Clarke, Crawford, Cunningham, Cushing, Daniel Davis of Washington, Dellinger, Dennis, The proceedings of Saturday were read and approved. On motion of Mr. ABBOTT, Ordered, That it be entered on the journal that the amendment offered by Mr. Abbott to the order of Mr. Clarke on page 85, (in relation to free negroes and mulattoes,) after the words "Southern States," was offered by Mr. Clarke, the mover of the original order, as an amendment to Mr. Abbott's amendment, and was accepted by him under the impression that it only referred to traitors and copperheads north of Mason's and Dixon's line. districts, by the qualified voters thereof, and Ordered, That the Committee on the Legislative Department be instructed to inquire into the expediency of changing the time of holding general elections in this State, so that the first election to be held after the adoption of this Constitution may occur at the time of the next Presidential election. On motion of Mr. NEGLEY, Ordered, That it may be entered on the Journal that J. P. Mayhugh is absent from his seat in this Convention on account of severe indisposition. The Convention proceeded to the consideration of the report from the Committee on Reporting and Printing, submitted on Saturday last, in relation to the official reporting of the debates and proceedings. Mr. DANIEL, submitted the following amendment: In the second line of the order, on page 88, strike out the word "each," after the word copy, and insert the same after the previous In accordance with an order adopted on word "assistant;" also strike out the word Saturday last, the President made the follow-"each," in the 4th line of the same order; ing apportionment of the Committee Clerks: Wm. R. Mc Culley-Committee on Declaration of Rights, Committee on Executive Department, Committee on Basis of Representation, Committee on Legislative Department, Committee on Elections-5. Which was adopted. The report and accompanying orders were then concurred in. The report of the same committee in relation to the Revising Clerk, and the index of the Journal, Debates and Constitution, was also concurred in. ATTENDANCE OF MEMBERS. The Convention proceeded to the consideration of the following preamble and resolutions, submitted by Mr. Purnell on the 20th inst: WHEREAS, It is a matter of great importance that there should be a prompt and faithful attendance of the members and officers of this Convention, for the performance of the duties entrusted to them in their respective committees, as well as during the sessions of this body; therefore be it Thomas Tipton-Committee on Judiciary Department, Committee on States Attorneys, Committee on Engrossment and Revision, Committee on Education and the Encouragement of Literature, Committee on the Appointment, Tenure of Office, Duties and Compensation of all civil offices not embraced in the duties of other Standing Committees -5. George Johnson-Committee on Treasury Department, Committee on Elective Franchise and Qualification of Voters, Committee on Militia and Military Affairs, Committee on Rights, Duties, Divisions and Sub-Divisions of Counties, Committee on such Provisions Resolved, That hereafter no member or ofand Ordinances as may be desirable to carry ficer of this Convention shall receive any per into effect amendments to the Constitution-5. diem for such time as he may be absent from Skipwith C. Gorrell-Committee on Ac- the said Convention; and that the President counts, Committee on Reporting and Printing, is hereby directed and required, in giving a Committee to report future Amendments and certificate of payment to such member or offiRevisions of the Constitution, Committee on Usury Laws-4. On motion of Mr. BELT, Ordered, That the Committee upon the Basis of Representation be requested to inquire into the expediency of embodying into the Constitution a clause providing that the city of Baltimore and the several counties shall be respectively divided into sub-divisions or electoral districts equal to the number of delegates which each shall be entitled to elect to the more numerous branch of the Legislature, and that said delegates shall be apportioned so that one shall be elected from each of said : cer, to deduct from his account such time as he may have been absent, unless occasioned by actual indisposition, or some other unavoidable circumstance. Resolved, That for the purpose of ascertaining the time lost by the members and officers, the Secretary of this Convention be required to keep a weekly list, on which he shall note the respective days when each of said members or officers shall be absent, and file the same weekly with the clerk of the Committee on Accounts, who shall deduct the same from the allowance of each member and officer, so that, at the end of the session, the number of days each member or officer has been absent, except from actual indisposition or other unavoidable cause, may be ascertained and entered upon the Journal of Proceedings. Resolved, That every member shall be considered and noted as absent unless his name be entered on the Journal at the opening of each day's session, and also entered among the yeas and nays, that shall be taken on every proposition to adjourn, unless his absence be occasioned by actual indisposition or other unavoidable circumstance. The resolutions having had their second reading, Mr. MULLIKIN moved the following amendment, to strike out all after the word "resolved," in the first resolution, and insert: Resolved, That any member of this Convention who shall absent himself from the said Convention, without the consent of a majority of the members present, shall not receive his per diem for the time he is absent. Mr. DANIEL. I think the amendment would produce a great deal of confusion. I prefer the original resolutions if we adopt any. This requires each member, every time he wants to go away, to bring the matter publicly before the Convention, and the question is to be considered here whether he shall be excused or not, which I think is improper. I think, if we are to pass such resolutions, we should leave it in the hands of the President, and let him judge of it under the regulations prescribed in these several resolutions. think the adoption of the amendment will cause us much delay and trouble. It will be much easier to allow each member, if he chooses to take the responsibility of absenting himself, to do so, relying upon his ability to render a proper excuse to the President. home. I think it is best to drop this whole affair. It is a small affair. This money is appropriated, and the Legislature has passed an act that we "shall" receive-it does not say we "may"-$5 per day. Now I want my money, and I want to do just what I please with it afterwards. I won't interfere with any other member; and if we would all observe the eleventh commandment, to mind our own business, I am sure we should get along a good deal better. I move to lay the preamble and the resolutions upon the table. Mr. PURNELL demanded the yeas and nays, and they were ordered. The question being taken, the result wasyeas 42, nays 32-as follows: Yeas-Messrs. Audoun, Barron, Belt, Berry of Prince George's, Billingsley, Blackiston, Bond, Briscoe, Brooks, Chambers, Clarke, Crawford, Davis of Washington, Dennis, Edelen, Harwood, Hatch, Hollyday, Hopper, Horsey, Jones of Somerset, Keefer, King, Larsh, Lee, Marbury, Markey, Mitchell, Miller, Negley, Noble, Parran, Peter, Pugh, Robinette, Schley, Smith of Carroll, Smith of Dorchester, Swope, Valliant, Wickard, Wilmer-42. Nays-Messrs. Goldsborough, President; Abbott, Annan, Baker, Brown, Carter, Cunningham, Cushing, Daniel, Dellinger, Earle, Ecker, Galloway, Greene, Hebb, Hoffman, Hopkins, McComas, Mullikin, Murray, Nyman, Parker, Purnell, Russell, Sands, SchlosIser, Smith of Worcester, Sneary, Stockbridge, Sykes, Todd, Wooden-32. Mr. BARRON. When the members of this Convention were elected, I thought they were elected as peers. I did not know that we were to come here, and a portion of us were to be schoolboys. If you are absent you must bring in your excuse; and if you want to make your $5 a day you must lie for it. I really think we have run the thing into the mud, so far as preambles and resolutions and orders are concerned. I think it is time we went to work for the interests of the State. So far as I am concerned, I am free to say to you to-day that I do not care what member of this Convention gets his per diem. Neither do I care what he does with it afterwards. He can spend it in any way he pleases. He can play faro, bluff, euchre, old sledge, and lose it, and I am perfectly satisfied. I am the last man in the world that is going to complain of him. But if circumstances force me in my business-some of us are so very patriotic as to neglect our business to attend here-if circunistances force me to be absent one day, I should like to have the privilege. As I have said before, there are very few members here but can make $5 a day at So the preamble and resolutions were laid on the table. RULES OF ORDER The Convention proceeded to the consideration of the Rules of Order reported by the Committee on Rules, as amended, and they were read the third time and adopted for the government of the Convention. DECLARATION OF RIGHTS. The Convention proceeded to the consideration of the order of the day, being the second reading of the Declaration of Rights, reported by the majority of the committee on that subject. The preamble and Article 1 were read as follows: We, the people of the State of Maryland, grateful to Almighty God for our civil and religious liberty, and taking into our serious consideration the best means of establishing a good Constitution in this State for the sure foundation and more permanent security thereof, declare: Article 1. That all government of right originates from the people, is founded in compact only, and instituted solely for the good of the whole; and they have at all times the unalienable right to alter, reform or abolish their form of government in such manner as they may deem expedient. a provision in the Bill of Rights, but as they have not, I make the motion, to avoid misconception, because I know very well that in the argument that took place with regard to the calling of this very Convention now assembled here, when I took the ground that it was not competent for even the Legislature, excepting by a strict construction of the Constitution as it now stands, to call this assembly, I was referred by gentlemen to this article of the Constitution, which said that the people have, at all times, the right to assem Mr. BRISCOE said: I move to insert after the word "times" the words "in the mode prescribed in this Constitution." This will make it conform to the present Constitution. I do not know that it is necessary for me to go into the argument now, or to give the reasons why I am disposed to adhere to that article of the Constitution as it exists now in the Constitution, for I believe they are patent to the mind of every gentleman here; and so far as regards the form of that article, it is a question which gave rise to considerable discussion at the time the Legislature of Mary-ble; and the argument was used then that it land were in the act of calling this Convention. I believe it has been conceded in the political theory of this country that, when any action at all is taken to modify or change the organic law of the State, it should be preceded by some legislative action directing the mode and manner in which the Convention to change the organic law of the State should assemble. The precedents for that are with out number. I believe there has hardly been a State in the Union where the legislative authority has not very clearly indicated or established by law the mode and manner in which the Convention should assemble to change the organic law. was competent for them, non obstante the restriction of the Constitution, to call a Convention when they might please, provided that they might think the public welfare and the general good required it. I think, therefore, in order to make this more distinct, that we should incorporate the amendment I have offered, and not depart from the present Constitution. Mr. STOCKBRIDGE. "All Without undertaking at all to speak for the Committee which reported this Declaration of Rights, of which I have not the honor of being a member, it occurs to me that there is one serious objection to the amendment offered by the gentleI believe it is contended by some gentle- man from Calvert (Mr. Briscoe.) The article men that it is competent for the people of this as it stands declares a universal truth, not or of any other Stat, at any time they choose, alone for the State of Maryland or any other without the intervention of legislative forms individual State, but for all States. or countenance, to hold primary assemblies government of right originates from the peoin the State; and that principle is carried so ple, is founded in compact only, and instifar as to maintain that, without any inter- tuted solely for the good of the whole, and position of the legislative authority, or pre the people "have at all times the unalienable caution as to the mode in which the vote right to alter, reform or abolish the form of shall be taken, the people in those primary government in such manner as they may meetings could change the organic law. deem expedient." Now, if the mode is to be My whole object in offering this amend-put in, it seems to me to make it an absurdity ment is, that the Bill of Rights shall not be upon its face to claim that the people of other construed to carry the principle to that ex- States and elsewhere have no right to alter, tent. The framers of the Constitution as it reform or abolish their form of government now stands, in order to avoid all misconcep- except in the manner prescribed by the Contion upon that point, incorporated this provi-stitution of Maryland. The Constitution of sion. I remember very well that, in the argument made by Mr. Webster in the Rhode Island case, he said that there was no precedent, in this country, where there were no legislative directions for assembling the Convention. The difficulty arose in the Rhode Island case in this way: The people there had been living under the old chartered government of Charles II, and the forms of their charter did not provide any mode for calling a Convention; and they undertook to adopt this mode of calling a Convention in the State of Rhode Island, which gave rise to the Dorr Rebellion. The case is very familiar to members of the profession, or those who have read the political history of the country. In order to avoid misconception upon that point, and a misconstruction of the Constitution, I have offered this amendment. I should have preferred that some member of the committee should have moved to incorporate such the United States prescribes one form, and the Constitution of each State its own form for amendments; but this amendment would tie all governments down to the particular form prescribed by this Constitution. Mr. BRISCOE. It occurs to me that the phraseology adopted in the present Constitution of Maryland is susceptible of the same misconstruction. If the gentleman undertakes to start out with laying down an abstract truth, we may go into an argument upon that. I believe it is the theory of some that it is impossible for a sovereign power to limit itself. According to the conception I have formed of the principles of political government in this country, I hold that it is competent for a sovereignty or a delegated power to limit itself as to the mode, or to tie its hands as to the mode by which it shall do a certain thing. If that objection applies, it raises that question. I undertake to say that |