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DEBATES AND PROCEEDINGS

OF THE

Maryland Constitutional Convention,

CONVENED AT ANNAPOLIS,

WEDNESDAY,

WEDNESDAY, April 27, 1864.

At 12 o'clock, M., Mr. HEBB of Allegany county, moved that the Convention be temporarily organized by calling to the chair, Mr. STOCKBRIDGE of Baltimore city.

The motion was agreed to, and
Mr. STOCKBRIDGE took the chair.

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occupying a seat; for it would be in the power of any gentleman at once to disable him from taking any part in the Convention until he should take the oath.

Mr. STIRLING. Certainly it is necessary for us to know now who are qualified to act as members of the Convention. If any one pre

Mr. SCHLEY moved that JOSEPH B. PUGH of sents himself hereafter, who is not now qualCecil county be appointed Secretary pro tem.ified to act, he can present the proper vouchers to the Convention, or we can send to the Governor for further information as to that particular case.

The motion was agreed to.

Mr. STIRLING offered the following order: "Ordered, That a Committee of five be appointed by the Chair to wait upon the Governor and inform him that the Convention to frame a new Constitution and form of government for the State of Maryland has assembled in the hall of the House of Delegates in accordance with the Act of Assembly and his proclamation of the 14th inst., and effected a temporary organization; and that said Convention desires to be informed by him, who are shown by the returns made to him to be duly elected to seats in said Convention, and have taken. and subscribed before him the oath prescribed in the act calling said Convention."

Mr. CHAMBERS. I would suggest to the gentleman an amendment to his proposition, to avoid the necessity of having at a future time another similar resolution. Some gentlemen are absent, and of course they have not taken the oath mentioned. It will be necessary, therefore, whenever a gentleman arrives, to send again to inquire. I would suggest the propriety of asking the Governor for the names of the persons elected; which would save further trouble. Of course no gentleman | would appear here withont having taken the oath. That will be a matter of form essentially necessary for him to go through before

Mr. CHAMBERS. I only make the suggestion. I will not take up the time by moving an

amendment.

The resolution was agreed to.

The Chair appointed Messrs. Stirling, Berry of Baltimore county, Clarke, Greene, and Purnell, as the Committee, who retired in the discharge of the duty assigned them, and subsequently returned and reported that the Governor would send a message to the Convention.

SELECTION OF SEATS.

Mr. CHAMBERS. I would ask permission to have another order passed to enable those who are members of the Convention to act. Seats seem to have been occupied, by some sort of process from a very early period after, and I heard that some were chosen even before the election; and there are now left only here and there a single chair. Every gentleman, I suppose, recognizes the propriety of having each delegation together. According to the present arrangement it is quite impracticable. The little county which I in part represent, having but three delegates, can find no place where we may sit together. I believe it is usual in all such bodies to have fair play, and give all a chance to have the best seats as well

as to be placed in the worst. I will move the following resolution.

"Resolved, That a committee of members be appointed by the Chair to arrange the seats appropriate to the several delegations, so as to enable the delegates from each county to occupy contiguous chairs."

Mr. NEGLEY moved to add the following amendment:

"Provided, That the delegations of the several counties who are contiguously seated, be exempted from the operation of the resolution."

Mr. CHAMBERS. Of course that defeats the purpose of the resolution.

Mr. TODD. As one separated from the delegation of his county, I move that the whole subject be postponed until after a permanent organization. I am informed by officers of the house that a different arrangement of the seats will be made immediately after the adjournment to-day.

The motion was agreed to.

LIST OF MEMBERS.

A message was received from the Governor Ommunicating the following list of members elect, indicating thereupon those who had taken the oath or affirmed.

Allegany county-Albert C. Greene, Hopewell Hebb, George A. Thruston, Jacob Wickard, Jasper Robinette.

Anne Arundel county-Oliver Miller, Sprigg Harwood, William B. Bond, Eli J. Henkle.

Baltimore city-Samuel T. Hatch, Baltus H. Kennard, William Brooks, Henry Stockbridge, Archibald Stirling, Jr., John Barron, Williain Daniel, Edwin A. Abbott, Joseph M. Cushing, John L. Thomas, Jr., Joseph H. Audoun. Baltimore county-John S. Berry, James L. Ridgely, William H. Hoffman, Edwin L. Parker, David King, William H. Mace, Silas Larsh.

Carroll county-John E. Smith, Jonas Ecker, Dr. John Swope, William S. Wooden. Cecil county-Thomas P. Jones, George Earle, David Scott, Joseph B. Pugh.

Calvert county-James T. Briscoe, Dr. John Turner, Charles S. Parran.

Charles county-Richard H. Edelen, Frederick Stone, John W. Mitchell.

Caroline county-Robert W. Todd, James D. Carter, Twiford S. Noble.

Dorchester county -Thomas J. Dail, Alward Johnson, Dr. Washington S. Smith, Thomas J. Hodson.

Frederick county-Samuel Keefer, Frederick Schley, David J. Markey, Andrew Annan, Henry Baker, B. H. Cunningham, Peter G. Schlosser.

Harford county-William Galloway, George M. McComas, John A. Hopper, Thos. Russell. Howard county-Joel Hopkins, George W. Sands, James Sykes.

Kent county Ezekiel F. Chambers, Dayid C. Blackiston, George S. Hollyday.

Montgomery county.In this county it ap

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pears by the returns of the Judges of Election that no election was held in the 4th district of said county in consequence as it is said of a military interference; and a new election has been ordered in said district. In the other districts of said county the following persons are declared to have received the greatest number of votes, viz: Thomas Lansdale, George Peter, Edmund P. Duvall.

Prince George's county-Daniel Clarke, Samuel H. Berry, Edward W. Belt, Fendall Marbury.

Queen Anne's county-John Lee, John Brown, Pere Wilmer.

St. Mary's county-Chapman Billingsley, George W. Morgan, John F. Dent.

Somerset county-Isaac D. Jones, Andrew G. Crawford, William H. Gale, James U. Dennis, John C. Horsey.

Talbot county-Henry H. Goldsborough, James Valliant, John F. Mullikin.

Washington county-Henry W. Dellinger, Lewis B. Nyman, Peter Negley, James P. Mayhugh, Joseph F. Davis, John R. Sneary.

Worcester county--Thomas B. Smith, William T. Purnell, William H. W. Farrow, Francis T. Murray.

The above members had all taken the oath or affirmed excepting the following:

Messrs. Henkle, Thomas, Briscoe, Edelen, Stone, Mitchell, Johnson, Blackiston, Lansdale, Peter, Duvall, Marbury, Billingsley, Dent, Gale, and Smith of Worcester county.

On motion, the roll was called and all of the above members, 80 in number, who had. been qualified, answered to their names.

Mr. BERRY of Prince George moved that the Convention adjourn until 12 o'clock tomorrow.

The motion was not agreed to.
PERMANENT PRESIDENT.

Mr DANIEL moved to proceed to the election. viva voce of a permanent President of the Convention.

The motion was agreed to.

Mr. STIRLING nominated for President, Henry H. Goldsborough of Talbot county.

Mr. CLARKE nominated E. F. Chambers. Mr. CHAMBERS. I hope the gentleman will not persist in that nomination. If so unlikely a thing should occur as that the body should adopt the nomination made by my friend, I should be compelled to plead physical infirmity. I am among the oldest men here; and I should be very unwilling to accept a nomination.

The Convention proceeded to vote viva voce for President, and five members had voted when

Mr. CHAMBERS remarked that there being but one name before the Convention, it would save much time to elect by resolution.

Mr. HEBB objected that the calling of the roll having been commenced it could not be suspended.

The CHAIRMAN Sustained the point of order.

Mr. CHAMBERS stated that at the last Constitutional Convention in the State there had been several candidates, and that the person receiving the largest number was then declared President by a resolution.

Mr. BERRY of Prince George moved that the calling of the roll be suspended in order to permit the introduction of such a resolution. Objection being offered, and unanimous consent being required, the calling of the roll was proceeded with.

All the members present voted for Henry H. Goldsborough, except the following, who were excused :

Messrs. Miller, Harwood, Bond, Turner, Parran, Dail, Smith of Dorchester county, Hodson, Chambers, Hollyday, Lee, Brown, Wilmer, Morgan, Jones of Somerset, Craw ford, Dennis, Horsey, Clarke, Berry of Prince George's, Belt and Goldsborough.

The CHAIRMAN announced that Henry H. Goldsborough had received 58 votes, and was therefore duly elected President of the Convention.

Mr. DANIEL moved the appointment by the Chair of a committee of three members to wait upon the President elect, inform him of his election, and conduct him to the chair. The motion was agreed to.

The CHAIRMAN appointed Messrs. Daniel, Berry of Baltimore county, and Clarke.

The President of the Convention having been conducted to the chair, addressed the Convention as follows:

GENTLEMEN OF THE CONVENTION :-It is with much diffidence that I enter upon the execution of the duties of presiding officer of this body. I am well aware of the responsibilities belonging to such a position in ordinary times, greatly increased as they must be in a period like the present, when the passions of men are aroused by the exciting events of each day, demanding in the position I now occupy the exercise of more than the usual amount of forbearance and control. I need not remind you with what solicitude the people of this State are watching our proceedings. I am sure I do not speak with unauthorized hope when I venture the prediction that you will bring to the performance of your several duties a fidelity, attention and an enlarged patriotism, equal to the expectation of those who sent ns here for the purpose of organizing anew the institutions under which we live. At any time this is an important duty at the present, it cannot be performed without a zealous determination to do our whole duty irrespective of personal considerations.

I will not advert to the present condition of our State or National affairs. I deem it most prudent to leave these to the impartial judgment of each individual member. While seeking to exclude from our deliberations all partisan prejudices, I beseech you to devote yourselves sedulously to the work before you; and while in the performance of our duties

not to overlook that respect and esteem that is due from each one to the other. If I should be successful in the pursuit of such course, I am confident that I shall be sustained and animated by the exhibition of a similar spirit on your part. We must expect to differ in our views. Let us determine to present and advocate them on all occasions in a courteous manner, one becoming a dignified deliberative body. By respecting the opinions of each other we shall be the better prepared to submit with becoming grace to the will of the majority, that cardinal principle to be cherished by all alike if we sincerely desire the preservation and perpetuation of free institutions.

Thanking you for this manifestation of your kind regards, I now enter upon the discharge of my duties, with the assurance of your generous confidence, and an abiding hope that our labors may redound to the peace, happiness and prosperity of our State. On motion,

The Convention adjourned until 12 o'clock M. to-morrow.

SECOND DAY.

THURSDAY, April 28, 1864. The Convention was called to order by the President.

Prayer was offered by Rev. Mr. Davenport. The roll was called and 78 members answered to their names.

The credentials of Mr. BRISCOE of Calvert, Mr. MARBURY of Prince George's, Mr. GALE of Somerset, Mr. SMITH of Worcester, and of Mr. HENKLE of Anne Arundel, all of whom had taken the necessary oath before the Governor, were presented by their colleagues, and they took their seats in the Convention.

Subsequently, on motion of Mr. Kennard, the Secretary was instructed to enter upon the journal that the absence of JOHN L. THOMAS, Jr., of Baltimore city, was occasioned by sickness.

The journal was read.

PERSONAL EXPLANATION.

Mr. CHAMBERS. I rise more for personal explanation than for correction of the journal. A remark is ascribed to me which I could not have made. "If so unlikely a thing should occur as an election by the party to which I belong." There could hardly be anything said more foreign to the real condition of matters so far as I, or the gentlemen who sent me here, are concerned, than this statement. I was absent when I was nominated to this Convention. When I returned I received a communication from two gentlemen, professing to be the Chairman and Secretary, who notified me that I had been nominated to the Convention by a meeting consisting entirely of persons opposed to a Convention, without any other qualification. I said in answer that I had not been a member of any one of the present existing political parties for years. I

was a long time out of all political party organizations. I was on the bench for a number of years, acting in accordance with my own opinion. Since then I have not been and am not now connected with any party. I am not here as a party man. I do not mean to act as a party man. I do not think it proper to act as a party man I think my language was that if so unlikely a thing should occur as that the body should adopt the nomination made by my friend, it would then be my duty to plead the infirmity of age. I want to disclaim the expression attributed to ine, because my friends at home would be rather surprised to find that after disclaiming there for years all connection with party, I spoke on the very first day of the session, of the party to which I belonged. There is no party which claims me as a member. I bear allegiance to no political party. I will endeavor to serve the State. If a proposition comes from one side of the House, from any member, which seems to me conducive to the interests of this State, I will adopt it with just as much cordiality from the lips of a man on one side as from the lips of a man upon the other.

OFFICERS OF THE CONVENTION.

On motion of Mr. CUSHING, Ordered, That the following persons be declared appointed to the offices of this Convention for which they are respectively named: Secretary-W. R. Cole, of Baltimore city. Assistant Secretary-John H. Shaw, of Allegany county. Sergeant-at-Arms-A. D. Evans, of Baltimore city. Committee Clerks -Wm. R. McCulley, of Allegany county; Thomas Tipton, of Carroll county; George Johnson, of Cecil county; S. C. Gorrell, of Harford county. Doorkeepers-Moses Anders, of Frederick county; Charles Whittemore, of Baltimore county. Postmaster A. J. Langsdorf, of Washington county. As sistant Postmaster-Wm. Denny, of Howard county. Folders-Collins Tatman, of Caroline county; Charles Collins, of Worcester county. And further ordered, That the President of this Convention appoint four (4) Pages, one Lamp-lighter, one Hall Keeper.

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not according to the mode prescribed by the rules of the House of Delegates?

Mr. CLARKE. No, sir; if the amendment should prevail there would be in this body no provision with reference to calling the previous question until the committee shall report rules for the government of the body.

Mr. STIRLING. If the effect should be merely to throw the Convention back upon the ordinary parliamentary rule in relation to the previous question, I see no objection to the amendment. But if the effect were to be to take away from the Convention the right to call the previous question, I should object to it, and it might have that effect.

Mr. BRISCOE. I would suggest that the rules adopted by the last Convention be the rules of this body until the report of the Committee shall be made. The proposition of the gentleman from Baltimore city (Mr. Kennard) designates the rules of the last House of Delegates. I propose that we adopt the rules of the last Constitutional Convention, in 1850; which were adopted, I believe, after considerable deliberation. I do not press it, but if it meets with the concurrence of the gentleman it seems to me that it will remove the difficulty and cover the suggestion made by my friend from Prince George's (Mr. Clarke.)

Mr. SANDS. I find by reference to the proceedings of the last Convention that the last proposition is substantially that of the amendGeorge's. On page 28 of the proceedings I ment offered by the gentleman from Prince find the following:

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bers be appointed by the President to prepare Resolved, That a Committee of seven memand report rules for the government of the Convention, and that, in the meantime, the rules of the House of Delegates, so far as the same are applicable, except the rule for the previous question, and that two-thirds should be required to alter any rule, be adopted." the last clause that two-thirds should be reThe two are identical with the exception of quired to alter any rule.

modification proposed by the gentleman from Prince George's (Mr. Clarke) is concerned, it is identical with the proposition I suggested. The difference was with reference to the twothirds vote; mine. covered the whole. I merely proposed it. I do not intend to press it at all.

Mr. BRISCOE. I recollect that so far as the

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Mr. STIRLING. I should like to be informed what will be the effect of this amendment. If it leaves us the previous question subject to the ordinary parliamentary rule, whatever that may be, I should not object; but if the Convention is not to have the power to call the previous question, I cannot vote for the amendment.

Mr. CLARKE. I will modify the amendment to meet the case. I do not presume this body desires entirely to deprive itself of the ordinary rule in relation to the subject. I move the

amendment in this form: except the rule the previous question for the purpose of chokof the House of Delegates relating to the calling off fair debate on any proposition that of the previous question." may arise in this body. I make this remark Mr. STIRLING. I see no objection to that. now, sir, that we may have an understanding Mr. CLARKE. That leaves the previous in the start. There are very grave questions question subject to the ordinary rules of legis- which must come before us. I want to hear lative bodies. If we have no previons ques- all that can be said upon them. I ques-all do not fear, tion under the ordinary rules of legislative so far as I am concerned, debate, or a fair bodies, I desire that this Convention should stand in that position until we get a report from the committee.

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Mr. DANIEL. I believe that there is no other previous question provided for by parliamentary law, except in the manner provided for by the rules of the House of Delegates. I do not think this Convention ought to deprive itself of that power. It may be a necessary power. I trust that each member of this Convention will extend a due courtesy to the other members. But we do not know when this committee will report, and I do not think it is proper for the Convention to deprive itself of the power of calling the previous question. Mr. KENNARD. As the mover of the resolution, I think it proper to say that it was after deliberation that I came to the conclusion to omit the two classes of rules referred to, as having been excepted by the last Convention. We do not know how long the report of the committee may be delayed, and I should prefer that the resolution should be adopted as originally offered by me.

Mr. SCHLEY. I confess I do not understand why any one of the rules of the House of Delegates should be proposed to be excepted particularly at this time. I am free to confess that I do not know what is the rule of the House of Delegates relative to the previous question without reference. I do not know, and desire to be instructed, what is this rule that it is proposed to except from the ordinary rules of the House of Delegates, that may be applicable to the deliberations of this Convention. I shall oppose the amendment until better informed, and until I can see some reason for the exception. As the other proposition, relative to the two-thirds rule, has been withdrawn, it is unnecessary for me to refer to that.

Mr. HEBB. I am opposed to the amendment offered by the gentleman from Prince George's, for the reason that it will deprive the Convention of the privilege of calling the previous question when the rules come up for consideration. It may be necessary then to go into a long discussion upon the rules, and it may become necessary to call the previous question upon their adoption. I am opposed therefore to the amendment, and in favor of the origi

nal motion.

Mr. BARRON. If we are to take the rules of the House of Delegates we would better take them all, or none.

Mr. SANDS. While I shall oppose the amendment of the gentleman from Prince George's, I for one shall not make any use of

hearing upon any question which shall come before us. We are here, in our humble degree, to form public sentiment in consonance with the organic law which we propose to form for the State. Truth can do no harm. Light can shut out no principles from any one. I am for a full discussion, a free hearing, and a fair settlement of all questions which can come before this body. I make these remarks to assure gentlemen who may perhaps entertain views differing from mine, that while my own views, at least to my own satisfaction, are matured, I want to hear the views of all gentlemen. I am not afraid that whatever is said here, for or against, should go these remarks to notify gentlemen who may to our great jury-the people. I merely make entertain views differing from mine that while I shall vote against this amendment, it is not for the purpose of cutting off fair debate.

Mr. CLARKE. The reason for offering the amendment to the proposition of the gentleman from Baltimore city (Mr. Kennard) is this. The rule of the House of Delegates, is the 23d rule, to be found on page 7, and is thus:

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"The previous question shall be in this form, Shall the main question be now put ?' It may be called for on any question except on an amendment or other matter which cannot in its nature be postponed; and when demanded by a majority of the members present, it shall, until it is decided, preclude all further amendment and debate on the main question."

On referring to the Journal of the Proceedings of the last Constitutional Convention, I find that in adopting these rules, the Convention at the outset provided in the adoption of that order, that the rules of the House of Delegates should not apply, so far as calling the previous question was concerned. I accept the remarks of the gentleman from Howard (Mr. Sands) as no doubt bearing the true interpretation of the sense of this body that there is no desire on its part to cut off true and proper and legitimate debate. But certainly, having seen that this is the rule which was adopted by the last Convention, and knowing further that it may be some time before we may get a report from this committee, it being possible that even during the whole session of this Convention these may be the rules by which we shall be governed, and that we may be able to agree upon no rules of order, knowing also that important questions may be before this body prior to the adoption of rules of order by this Convention

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