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coe, Chambers, Clarke, Crawford, Davis of Charles, Dennis, Duvall, Edelen, Harwood, Henkle, Hollyday, Horsey, Johnson, Jones of Somerset, Lee, Marbury, Mitchell, Miller, Morgan, Parran, Smith of Dorchester, Turner, Wilmer-28.

its members, the Chair will regard it as his duty to call the one so making it to order. But the Chair did not suppose that the gentleman from Prince George's (Mr. Marbury) intended to say anything insulting to the gentleman from Baltimore city (Mr. Stirling) or to the Convention. I am sure the gentleman did not mean any personal reflection. Mr. MARBURY. I certainly did not. The PRESIDENT. The Chair knows that gentlemen sometimes make use of strong expressions, without intending any personal reflection. If the Chair had supposed for

Nays-Messrs. Goldsborough, President; Abbott, Annan, Baker, Barron, Berry of Baltimore county, Carter, Cunningham, Cushing, Daniel, Davis of Washington, Dellinger, Earle, Ecker, Farrow, Galloway, Greene, Hebb, Hopkins, Jones of Cecil, Keefer, Kennard, King, Larsh, Mace, Markey, McComas, Mullikin, Murray, Negley, Nyman, No-one moment that the gentleman from Prince ble, Parker, Pugh, Purnell, Ridgely, Robinette, Russell, Sands, Schlosser, Scott, Sneary, Stirling, Stockbridge, Swope, Sykes, Thomas, Thruston, Todd, Valliant, Wickard, Wooden-52.

Pending the call of the yeas and nays, the following explanations were made by gentlemen, as their names were called:

Mr. BERRY, of Baltimore county. I am perfectly satisfied with the article in the bill of rights as reported originally by the Committee on the Declaration of Rights. I shall vote in favor of no amendment to it, and therefore vote "no."

Mr. MARBURY. I consider the principle involved in the amendment offered by the gentleman from Baltimore city, (Mr. Stirling,) as decidedly the most infamous proposition yet presented to this Convention; and therefore I shall vote for the amendment offered by my colleague, (Mr. Clarke,) as somewhat modifying the horrit nature of that proposition. I vote aye."

Mr. MILLER. I prefer the original article as reported by the committee; but as I consider the amendment of my friend from Prince George's (Mr. Clarke) an improvement upon the amendment of the gentleman from Baltimore city, (Mr. Stirling), I vote "aye."

Mr. STIRLING. I merely want to say in answer to what was said by the member from Prince George's, (Mr. Marbury), that this infamous proposition of mine

The PRESIDENT. The gentleman is not in order.

Mr. STIRLING-(continuing)—is the original article of the bill of rights of 1776, upon which he pronounced such a eulogy the other morning.

The PRESIDENT. The gentleman is not in The gentleman is not in order; but will take his seat.

Mr. STIRLING. But, Mr. PresidentMr. CHAMBERS. I hope the rules of order will be enforced, or there is no use in having any.

Mr. STIRLING. Why should the rules of order be enforced upon me, and not upon a member who applies an insulting epithet to a proposition which the Convention has under consideration?

The PRESIDENT. If there is any remark made insulting to the Convention, or any of

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George's intended by the remarks he made to cast any reflection upon this House or any of its members, he would have called him to order and directed him to take his seat, as he will any member, no matter to which side he may belong, who may be guilty of such an act. No gentleman, when his name is called, has a right to respond to any remarks made by any other gentleman; he can only state what his vote is, and give his reasons for it, if he desires to give any.

Mr. STIRLING. I vote "no."

Mr. STIRLING.

Mr. BILLINGSLEY. I prefer the original article. But as this amendment is a modification of the one submitted by the gentleman from Baltimore city, (Mr. Stirling,) I desire to change my vote, and vote in favor of the amendment to the amendment.

Mr. BERRY, of Prince George's. I desire to change my vote, for the same reason assigned by the gentleman from St. Mary's (Mr. Billingsley). I prefer the original article; but I prefer the amendment of my colleague (Mr. Clarke) to the one offered by the gentleman from Baltimore city (Mr. Stirling). I therefore vote "aye."

The amendment to the amendment was accordingly rejected.

The question recurred upon the amendment of Mr. Stirling, to strike out all after the word "That," in the first line of Article 26, and insert

"No conviction for treason shall work corruption of blood; nor shall there be any forfeiture of the estate of any person for any crime except for treason, and then only on conviction.'

Upon this question Mr. BERRY, of Prince George's, called the yeas and nays, which were ordered.

The question being then taken, by yeas and nays, it resulted-yeas 49, nays 31-as follows:

Yeas-Messrs. Goldsborough, President; Abbott, Annan, Baker, Barron, Carter, Cunningham, Cushing, Daniel, Davis of Washington county, Dellinger, Earle, Ecker, Farrow, Galloway, Greene, Hebb, Hopkins, Jones of Cecil county, Keefer, Kennard, King, Larsh, Markey, McComas, Mullikin, Murray, Negley, Noble, Nyman, Parker, Pugh, Purnell, Robinette, Russell, Sands, Schlosser,

Scott, Sneary, Stirling, Stockbridge, Swope,
Sykes, Thomas, Thruston, Todd, Valliant,
Wickard, Wooden-49.

Nays-Messrs. Belt, Berry of Baltimore county, Berry of Prince George's, Billings ley, Blackiston, Bond, Briscoe, Chambers, Clarke, Crawford, Davis of Charles, Dennis, Duvall, Edelen, Harwood, Henkle, Hollyday, Horsey, Johnson, Jones of Somerset, Lee, Mace, Marbury, Mitchell, Miller, Morgan, Parran, Ridgely, Smith of Dorchester, Turner, Wilmer-31.

Pending the call of the yeas and nays, the following explanations were made by gentlemen, when their names were called:

Mr. PUGH. In explanation of my vote, I desire to say that I vote "aye, "because in my judgment the traitor destroys the property which should have gone to his children, just as the sot and profligate destroy the property which should have gone to their children.

Mr. SCOTT. In explanation of my vote I would say, that had the vote been taken immediately upon my entering the hall this morning, I should have voted "no" upon this amendment. But after listening to about three hours' discussion, mainly in opposition to the amendment, I shall vote "aye."

The amendment was accordingly agreed to. The question then recurred upon agreeing to Article 26 of the Declaration of Rights as amended.

Upon this question Mr. BERRY, of Prince George's, called for the yeas and nays, which were ordered.

Messrs. Goldsborough, President; Abbott, Annan, Audour, Baker, Barron, Belt, Berry of Baltimore county, Berry of Prince George's, Billingsley, Blackiston, Bond, Briscoe, Brown, Carter, Chambers, Clarke, Crawford, Cuningham, Cushing, Dail, Daniel, Davis of Charles, Davis of Washington, Dellinger, Dennis, Duvall, Earle, Ecker, Edelen, Farrow, Gale, Galloway, Greene, Harwood, Hatch, Hebb, Henkle, Hodson, Hoffman, Hollyday, Hopkins, Hopper, Horsey, Johnson, Jones of Cecil, Jones of Somerset, Keefer, Kennard, King, Lansdale, Larsh, Lee, Marbury, Markey, Mayhugh, McComas, Mitchell, Miller, Morgan, Mullikin, Murray, Negley, Noble, Nyman, Parker, Parran, Peter, Pugh, Purnell, Ridgely, Robinette, Russell, Sands, Schley, Schlusser, Scott, Smith of Carroll, Smith of Dorchester, Smith of Worcester, Sneary, Stirling, Stockbridge, Swope, Sykes, Thomas, Thruston, Todd, Turner, Valliant, Wickard, Wilmer, Wooden-91.

The proceedings of yesterday were read and approved.

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Yeas.-Messrs. Goldsborough, President; Abbott, Annan, Audoun, Baker, Barron, Berry of Baltimore county, Blackiston, Brown, Cunningham, Cushing, Davis of Washington, Dellinger, Earle, Ecker, Farrow, Galloway, Greene, Hatch, Hebb, Hoffman, Hopkins, Hopper, Jones of Cecil, Keefer, Kennard, Larsh, McComas, Mullikin, Murray, Negley, Noble, Nyman, Parker, Pugh, Purnell, Robinette, Russell, Sands, Schley, Schlosser, Scott, Smith of Carroll, Smith of Worcester, Sneary, Stirling, Swope, Sykes, Todd, Wickard, Wooden

The question being then taken, by yeas and
nays, it resulted-yeas 51, nays 28-as follows:
Yeas-Messrs. Goldsborough, President;
Abbott, Annan, Baker, Barron, Berry of Bal-
timore county, Carter, Cunningham, Cush-
ing, Daniel, Davis of Washington, Dellinger,
Earle, Ecker, Farrow, Galloway, Greene,
Hebb, Hopkins, Jones of Cecil, Keefer, Ken-
nard, King, Larsh, Markey, McComas, Mul-
likin, Murray, Negley, Noble, Nyman, Par-
ker, Pugh, Purnell, Ridgely, Robinette, Rus-
sell, Sands, Schlosser, Scott, Sneary, Stirling,
Stockbridge, Swope, Sykes, Thomas, Thrus--50.
ton, Todd, Valliant, Wickard, Wooden-51.

Nays-Messrs. Belt, Berry of P. George's,
Billingsley, Blackiston, Bond, Briscoe, Cham
bers, Clarke, Crawford, Davis of Charles,
Dennis, Duvall, Edelen, Harwood, Henkle,
Hollyday, Johnson, Jones of Somerset, Lee,
Mace, Marbury, Mitchell, Miller, Morgan, Par-
ran, Smith of Dorchester, Turner, Wilmer-28.
On motion of Mr. DANIEL,
The Convention then adjourned.

TWENTY-FOURTH DAY.

WEDNESDAY, June 1, 1864.

The Convention met at 11 A. M.
Prayer by the Rev. Mr. Owen.

Nays.-Messrs. Belt, Berry of Prince George's, Billingsley, Bond, Briscoe, Carter, Chambers, Clarke, Crawford, Dail, Daniel, Davis of Charles, Dennis, Duvall, Edelen, Gale, Harwood, Henkle, Hollyday, Horsey, Johnson, Jones of Somerset, King, Lansdale, Lee, Marbury, Markey, Mitchell, Morgan, Parran, Ridgely, Smith of Dorchester, Stockbridge, Thomas, Thruston, Turner, Valliant -39.

Pending the call of the yeas and nays, the following explanations were made by members, as their names were called:

Mr. STOCKBRIDGE. I desire to state the reasons for my vote. There are certain committees that still have a large amount of very

Present, at the call of the roll, the follow- important work before them, and though I do ing members:

not think the hour named in this order is too

early for members of this Convention to commence their work, still, as long as they are engaged in work upon our committees, I do not see the possibility of their being in the Convention at 10 o'clock in the morning. I am, threfore, for the present opposed to this Convention meeting at that hour. As soon as the reports of committees have been submitted to the Convention I shall be in favor of meeting at that hour, or even earlier. But at this time I'am compelled to vote "no."

Mr. THRUSTON. For the reason assigned by the gentleman from Baltimore city (Mr. Stockbridge), I shall vote "no."

Mr. VALLIANT. I had at first intended to vote "aye." aye." But for the reason assigned by the gentleman from Baltimore city (Mr. Stockbridge), I shall vote "no."

The order was accordingly adopted. Mr. THRUSTON submitted the following: Ordered, That the Committees on the Judiciary and Legislative Departments have leave to sit during the sessions of the Convention, until 11 o'clock A. M. daily.

Mr. MILLER. I hope that order will not be passed. The members composing those two committees are the most able and important members of this body. If we are to meet at 10 o'clock in the morning and consider the important questions before this body, I want those members to be present.

The question being upon the adoption of the order, it was not agreed to.

INFORMATION FROM THE TREASURER.

Mr. CLARKE Submitted the following: Ordered, That the Treasurer be and he is hereby requested to furnish this Convention, at his earliest convenience, a statement showing the balance in the Treasury on the 1st of December, 1862, the balance in the Treasury on the 1st of December, 1863, and the balance in the Treasury on the 1st day of June, 1864. 2d. The amount of funded debt still unredeemed, the dates when they severally fall due, and the amounts due at the several dates. 3d. The amount standing due to the credit of the sinking fund on the 1st of June, 1864, with a specification of the manner in which the sinking fund is invested, and a reference to the laws authorizing the several investments.

4th. The amount of the sinking fund cancelled under the act of 1864, chapter with a specification of the evidences of indebtedness cancelled.

5th. The amount of funded debt still unredeemed on the 1st day of January, 1862. 6th. The amount of funded debt unredeemed on the 1st day of June, 1864.

7th. The amount of appropriations made by the last Legislature, with a specification of the amounts and objects of each appropri ation.

8th. The amount of money paid out of the Treasury under the acts of 1864, chapter 15, and 1864, chapter 373.

9th. The amount of loans, under the acts of 1864, chapter 15, and 1864, chapter 373, which the Treasurer has advertised to be taken.

10th. The interest which the State has in the various works of internal improvements, railroads and canal companies, banks, &c., and the annual receipts derived from each to the State.

Mr. SANDS. I would like, before I vote for it, to know the object of this order.

Mr. CLARKE. I understand that when we come to consider the report upon the legislative department, there will be submitted various propositions in reference to the power to be given the Legislature over the sinking fund and the debts of the State; and it will be impossible for us to vote understandingly without the information which this order proposes to obtain. I think a proposition has also been submitted to this Convention, in reference to giving power to the Legislature to dispose of such interests as the State may now have in various public works, &c., and this information is such as we must have in order to act understandingly upon the subjects before us. It is information which I desire to have before I am called upon to vote upon many questions which will come before this body. That is the only object I have in view in submitting this order.

The order was adopted.

DECLARATION OF RIGHTS-ALLEGIANCE. The Convention then resumed the consideration of the report of the Committee on the Declaration of Rights.

The PRESIDENT. When the Convention adjourned on yesterday, it had just completed the consideration of the twenty-sixth article of this report.

Mr. STIRLING. As the House is very full this morning, more so than at any time before, and as the attendance for the rest of this week will probably continue to be very large, I propose that we go back to the articles which have been passed over without action, and take them up and dispose of them. I move that we now take up the fourth article and consider it.

Mr. BERRY, of Prince George's. I understood that it was by general consent that certain articles were passed over until we had gone through all the rest of the report of the committee. I understood the Chair to rule out of order the proposition of the gentleman from Baltimore city, (Mr. Abbott,) to insert a new article, to be called article one. hope we will proceed with the consideration of this report from article twenty-six to the end, when I presume the amendment of the gentleman from Baltimore city (Mr. Abbott) will be first in order.

I

Mr. ABBOTT. The article which I proposed to have inserted was submitted by me before any of the articles reported by the committee were read, and the Chair ruled that it would

the House; or to any gentleman of the minority of the committee who may desire to be heard upon this question. Perhaps the gentleman from Kent (Mr. Chambers) desires to be heard; if so, I will yield to him with pleasure.

not be proper to submit it until the articles | jority of the committee, or of the majority of reported by the committee had been gone through with. As to this 4th article, it was passed over, I understood, because at the time some gentlemen were absent who de sired to speak upon it. It was passed over merely for the time being, not until the end of the report.

Mr. STIRLING. So far as this matter is concerned, it is entirely within the control of the Convention. The article was passed over informally, because at the time some members of the minority of the committee that made this report were absent. If we go on with this report from article 26 to the end, we will use up the two or three days of this week, during which we shall have probably the largest attendance here. And as the Convention probably will not be in session for at least a portion of next week, and this article will be postponed until after next week, I move that we now proceed to consider article four of this report.

The motion was agreed to.

Mr. CHAMBERS. I had no idea this article would be taken up to-day, as I supposed that other articles would be considered, and amendments to those offered before this would be taken up. I had not proposed to say one word upon this article until near the close of the argument upon it, and do not desire to address the Convention to-day. I know, from information from others, that there are several gentlemen here who had proposed when the question came up on this article, to participate in the debate, but who are not prepared to do so to-day. I had proposed to submit my views upon this subject to the Convention at a late period of the discussion. And having made the report of the minority of the committee, it may perhaps be considered that I will be entitled to close the debate. I can only say this now, that I cannot vote for any proposition that makes me swear allegiance to the Government of the United States. I can understand that I am to support the Constitution and laws of the United States, but I do not understand what is meant

Article four was then read as follows: "The Constitution of the United States and the laws made in pursuance thereof being the supreme law of the land, every citizen of this State owes paramount allegiance to the Constitution and Government of the United States, and is not bound by any law or ordinance of this State in contravention here by the Government of the United States. or subversion thereof."

The article, by general consent, was amended, at the suggestion of Mr. PUGH, by prefixing the word "that," so that it will read"That the Constitution of the United States," &c.

Mr. CLARKE Submitted the following amend

ment:

Strike out all after the word "that" in the first line, and insert the following in lieu thereof:

"The Constitution of the United States and the laws made in pursuance thereof being the supreme law of the land, every citizen of this State owes allegiance to the Constitution and Government of the United States within the limits of the powers conferred by that Constitution, and is not bound by any law or ordinance of this State in contravention or subversive thereof; and the powers not delegated to the United States by the Constitution, nor prohibited brit to the States being reserved to the States respectively, or to the people, every citizen of this State owes alle giance to the State of Maryland so far as the sovereignty of the State has not been affected by the Constitution of the United States and the laws made in pursuance thereof, and is not bound to yield obedience to laws made in direct violation of the Constitution of the United States and in the exercise of usurped powers."

Mr. CLARKE. I shall be most happy to yield the floor to any gentleman of the ma

Mr. CLARKE. I desire to state that I have no particular wish to go on now. It was entirely unexpected to me that this article would be called up to-day. But I had prepared an amendment the other day, in the absence of the gentleman from Kent, (Mr. Chambers); otherwise I would have submitted it to him for his consideration and correction. I certainly have no desire to go on this morning, if any gentleman here desires to be heard now, although I have prepared some remarks upon the subject, and will go on if the Convention desire it.

Mr. SANDS. If the gentleman from Prince George's (Mr. Clarke) will yield the floor for a moment

Mr. CLARKE. I will do so.

Mr. SANDS. I propose the following as an amendment to the amendment; insert the words:

"Provided, That nothing in this article contained shall be construed as giving to the State a right to secede from the Federal Union, or to form a confederation with any other State or States of the Union, or to seize by force of arms or otherwise any property of the United States situate and being within the limits of this State, but that these acts are hereby expressly forbidden;"

-after the word "thereof," where it occurs near the close of the amendment of Mr. Clarke, and before the words, "and is not bound to yield obedience," &c.

Mr. CLARKE. I will yield to the gentleman

from Howard (Mr. Sands) to open the debate upon his amendment.

consideration of what effect discussion may
have upon the action of this Convention.
The bonds which, through affection and

Mr. SANDS. The proposition contained in my amendment is so plain that I have no de-interest, united the States composing the sire to argue it, at least until I have heard something said in opposition to it.

Mr. CLARKE. I take the floor with great diffidence and reluctance this morning, as I had no idea this question would be sprung so suddenly upon us. And even now, with the expectation that we shall not be brought to a vote upon it to-day, I will yield to the chairman of the committee (Mr. Stirling) if he desires to open the debate.

Mr. STIRLING. The gentleman is very kind, but I have no disposition to take the floor at this time.

Union, have been parted asunder as the storm rudely snaps the rigging of the mast. Our political fabric is reeling and surging before the storm of war, and amid the fierce conflicts of battle, and unless the principles which were designed to form the basis of the political fabric of our government are manfully maintained here and every where else, we have every reason to fear the destruction of our civil freedom and independence, and the establishment upon their ruins of a vast military despotism, wielded by the hand of some bold dictator. I know not who he may be, nor do I underThe PRESIDent. The gentleman from take to make a prophecy or prediction. Prince George's (Mr. Clarke) will proceed. | Every man, therefore, in public station owes Mr. CLARKE. Mr. President: When I first a duty to the preservation of the cause of listened to the reading of the 4th article re- constitutional freedom, and in behalf of the ported by the majority of the Committee on maintenance of the true structure of our the Declaration of Rights, to be embodied in form of government, as established by the the bill of rights, as declaratory of the pre-Constitution. I ask a respectful hearing. rogatives of the people of this State, I de- In its behalf alone do I plead. signed to say nothing on the momentous Ever since the great victory achieved by questions involved, because from the circum- "Republicanism," under the leadership of stances attending its incorporation into that Jefferson, Madison, Clay, and others, over report.* I did not believe that any good re- "blue-light Federalism," I had supposed that sult would be accomplished by my partici- certain principles had become settled as axiopating in this debate. If the manner of its matic, in regard to the structure of our governincorporation into the report be any indica- ment. Among them that no one would contion of the deep and permanent character of tend that the Constitution of the United the disease, of which the principles contained States organized a national, consolidated in this article are the result; or if what government; but that, on the contrary, it emanates from the majority of this committee was universally conceded that the form of can be considered the reflection of the judg-government thereby created was, to a cerment of this Convention, then this body is in tain extent, federal, and to a certain extent no condition to listen to discussion, or re-national; federal in its formation, national ceive and weigh carefully any suggestion or in the powers conferred upon it, and the proposition which does not accord with the mode in which those powers were to be exerprinciples announced in the doctrine: "That cised. That certain powers were delegated the Constitution of the United States and the to the United States by the Constitution ; laws made in pursuance thereof being the and that the powers not so delegated, and supreme law of the land, every citizen of this not prohibited by it to the States, were reState owes paramount allegiance to the Con- served to the States respectively, or to the stitution and Government of the United people. And that the language of the ConStates, and is not bound by any law or ordi- stitution-" that the enumeration in the Connance of this State in contravention or sub-stitution cf certain rights shall not be conversion thereof." strued to deny or disparage others enterBut, sir, I cannot believe, that even in the tained by the people; "that the Constitumidst of the revolution going on around us, tion and laws of the United States which in the midst of the passions and excitement shall be made in pursuance thereof, and of the times, a body of men representing the all treaties made, or which shall be made people of the State in their sovereignty, and under the authority of the United States, called on to remodel their organic law, can shall be the supreme law of the land, and the decline patiently to listen to a discussion and judges in every State shall be bound thereby, application of principles settled and main-anything in the Constitution or laws of any tained by the fathers of the republic. In State to the contrary notwithstanding”—defact, subsequent thought has led me to re-clared plainly the principle of the supremacy view my original design, independent of any

*NOTE.-I allude to the fact that the r port was drawn up and prepared to be submitted to the Convention, without the minority of the committee having had an opportunity to take part in the discussion or formation of it

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of the Constitution and Government of the United States in the exercise of the powers conferred upon the government by the Constitution, within the limits fixed by that Constition. That the clause requiring that Senators and Representatives in Congress, and the

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