if any such rules should be adopted prior to the adjournment, I simply desire, for the protection of the minority, that there may be some such provision adopted, similar to that adopted by the last Convention to secure the privilege of fair and free discussion. I have no desire to press the amendment. I am perfectly willing to leave it entirely to the majority of the Convention to say whether it shall be adopted or not. But I think it just and right, and due to the minority for its protection, when various important matters may be before the Convention. After the statement of the gentleman from Howard (Mr. Sands) I should perhaps have had no desire to offer the amendment, but for the remark of the gentleman from Baltimore city, (Mr. Kennard) that the matter had been carefully considered, showing that the resolution had been offered in this way to exclude this very privilege by retaining the rule with reference to calling the previous question.

Mr. SANDS. I think that the origin of the rule for the previous question was, not to embarrass minorities, but to protect majorities who might be embarrassed in legislation by factious opposition of ever so small a minority. It was à rule for the furtherance of the business of the body. The rule was devised to protect legislative bodies from the delay of merely factious opposition. While I say that in any fair debate I will never call the previous question, I should certainly claim the right and power to call it as against factious debate merely, if I believed it so to be. I think the whole spirit of the rule is simply to protect legislative and deliberative bodies against factious opposition. The minority will not be injured by it; but without it a small minority may seriously hinder the action of the body. The amendment to the resolution was rejected.

The resolution, as offered by Mr. Kennard, was adopted.

COMMITTEES.

Mr. EARLE offered the following resolution: Resolved, That a committee of seven be appointed by the President to consider and report the most expedient method of presenting to this Convention the forms and provisions of a new Constitution.

Mr. STOCKBRIDGE offered the following as a substitute for the resolution submitted by Mr. Earle :

Ordered, That Standing Committees, to consist of seven members each, be appointed by the Chair, to take into consideration the propriety and expediency of making any, and if any, what alterations and amendments in the several distinct subjects embraced in the Constitution, and confided to them respectively, with the power of conference between any and all of said committees, and to report the result of their deliberations to the Convention at the earliest practicable day, viz:.

1. A Committee to consider and report upon the Declaration of Rights.

2. Upon the Executive Department.

3. Upon a proper basis of Representation in the two Houses of the General Assembly, and a proper apportionment of Representation in the same.

4. Upon the Legislative Department.

5. Upon the Judiciary System of the State. 6. Upon the State's Attorneys. 7. Upon the Treasury Department. 8. Upon the Elective Franchise and the Qualifications of Voters.

9. Respecting the Militia and Military Affairs.

10. Respecting Education and the Encouragement of Literature.

11. Respecting the Rights, Duties, Divisions and Sub-Divisions of counties.

12. Upon a schedule of such provisions or ordinances as it may be desirable for the Convention to adopt in order to carry into effect any amendments of the Constitution upon which it may decide.

13. Respecting future amendments and revisions of the Constitution.

Mr. STOCKBRIDGE said: I offer this as a substitute for the order of the gentleman from Cecil, simply as a means of expediting the business before this body. If the order submitted by the gentleman be adopted, and such a committee be appointed by the Chair, they necessarily cannot report until to-morrow, or probably until next week. The committees necessary to refer these several matters to, must then, after proper deliberation be appointed by the Chair. Although I may not, in this order which I have framed, have embraced all the committees which it will be necessary for the Convention to raise, to have charge of this business, yet I certainly have included the leading topics which it will be necessary to refer to committees, and I have included all those committees upon which will rest the great burden of the work. Those committees may be appointed by the Chair at once, and any other committees which it may be found necessary hereafter to appoint, may be appointed when the occasion for them becomes manifest.

Mr. EARLE accepted the substitute offered by Mr. STOCKBRIDGE.

Mr. BELT. I would suggest that some of these Committees ought to contain more memThe Combers than seven, I should suppose. mittee on the Judicial System, and that on the Representative Basis it seems to me ought to have at least nine; nine or eleven or some odd number.

The PRESIDENT I think the last Convention had one from each county.

Mr. BELT. I will move that there be added to the provision for the third committee, upon the Basis of Representation, the words:

-"and said committee shall consist of one

member from each county and one from the city of Baltimore."

That committee, I think, should be a committee of twenty-two; one from each county and one from the city of Baltimore. I will also move to add to the provision for the fifth committee, that upon the Judiciary system of the State, the words:

-"and said committee shall consist of thirteen members."

The question was stated upon the first of said amendments, that the Committee upon Representation should consist of one member from each county and one from the city of Baltimore.

Mr. BELT demanded the yeas and nays, which were ordered, and being taken, resulted-yeas 33, nays 48--as follows:

Yeas-Messrs. Goldsborough, President, Harwood, Bond, Henkle, Berry of Baltimore county, Ridgely, King, Mace, Larsh, Smith of Carroll, Briscoe, Turner, Parran, Todd, Carter, Noble, Smith of Dorchester, Hodson, Hopkins, Chambers, Hollyday, Clarke, Berry of Prince George's, Belt, Marbury, Lee, Brown, Wilmer, Morgan, Jones of Somerset, Crawford, Gale, Horsey-33.

Nays-Messrs. Greene, Hebb, Thruston, Wickard, Robinette, Hatch, Kennard, Brooks, Stockbridge, Stirling, Barron, Daniel, Abbott, Cushing, Audoun, Hoffman, Parker, Ecker, Swope, Wooden, Jones of Cecil, Earle, Scott, Pugh, Keefer, Schley, Markey, Annan, Baker, Cunningham, Schlosser, Galloway, McComas, Hopper, Russell, Sands, Valliant, Mullikin, Dellinger, Nyman, Negley, Mayhugh, Davis, Sneary, Smith of Worcester, Purnell, Farrow, Murray-48.

The amendment, therefore, was rejected. Mr. BELT withdrew the second amendment offered by him.

The question recurred upon the adoption of the order as offered by Mr. Stockbridge and accepted by Mr. Earle.

The order was adopted.

APPOINTMENT OF CHAPLAINS.

Mr. PURNELL offered the following resolution:

Resolved, That a committee of three be appointed to wait upon the reverend clergy resident in this city, requesting them to make an arrangement among themselves by which one of their number alternately every day will attend this Convention and open its sessions by prayer.

Mr. STIRLING. I do not think it is requisite that we should have all the clergymen in Annapolis. I do not know who they are or what they may be in religion or anything else; but I do know some of them; and offer this as a substitute:

adding the third one-Rev. Mr. Owen; and Rev. Mr. McNamar; I believe there are four of them.

Mr. SANDS. I think it was stated that there were but three clergymen here; and that the omitted name is that of Mr. Owen.

Mr. STIRLING. I have no objection to Mr. Owen; if it stops there. I do not want it to go any further.

Mr. SANDS. Then I will stop right there. Mr. EARLE moved to include the name of Rev. Mr. Clem.

Mr. DANIEL. It seems to me that if we had adopted the first order we should have accomplished all we desire, and in the best manner; that is, to appoint a committee to wait upon the several clergymen and ask them to arrange it among themselves. We make invidious distinctions the moment we undertake to select the clergyman from one church in preference to that from another. There are two ministers here of the Methodist Church, and Mr. Clem, also, who I think has no appointment, and is a very worthy man. There are two, and I understand there is some difficulty between the churches. At any rate it would not be right for us to make any distinction between them. The first resolution was exactly copied from the proceedings of the last Convention, and I think that would be the best and the fairest way for us to adopt.

Mr. STIRLING. The proposition which I offer is the mode which has been pursued here certainly at the last session of the Legislature and with that which preceded it In these times I am not willing to invite any man in here unless I know who he is. I will not vote for a resolution which invites people in here generally. The gentlemen named in my amendment I know, and I think three are plenty. I included only two because I thought two were enough; but I was willing to accept the proposition of the gentleman from Harford so as to include this other gentleman. Beyond that I am not willing to go, and hope the Convention will not.

Mr. CLARKE. I do not know what the fact is, but I think it very probable. that there may be some colored clergymen in the city, and I should like to know whether this embraces the colored clergy. To adopt it, might place us in that position.

!

"Ordered, That Rev. Mr. Davenport and Rev. Mr. Patterson be appointed Chaplains to the Convention."

portunity of saying for myself, that I am for the utter unmixing of too long mixed races. Mr. HOFFMAN. I understand there are three denominations of Christians here; and I hope we shall take one of each; taking Mr. Owen as a Methodist.

The question was stated upon the amendment offered by Mr. Earle to the substitute offered by Mr. Stirling.

Mr. HEBB. I am not exactly prepared to vote upon either of these propositions. I therefore move that the further consideration of this subject be postponed until, Wednesday next, and that the President request some clergyman in the meantime to officiate at each morning session.

The motion was agreed to.

COMMITTEES.

Mr. STOCKBRIDGE offered the following order: Ordered, That Standing Committees to consist of five members each to be appointed by the Chair, as follows, viz:

1st. A Committee on Accounts.

2d. A Committee on Reporting and Printing.

3d. A Committee on Engrossment and Revision.

Mr. STOCKBRIDGE said: I offer this as a distinct order from the former one, for the reason that that order included only those Committees which it was designed should report matters to form essential parts of the Constitution. These are merely the means or the machinery of the Convention in supervising and expediting its work.

The order was adopted.

COMMITTEE ON ELECTIONS.

Mr. JONES of Somerset. I beg to inquire whether there is a Committee on the Election and Qualification of the members of this body provided for. If not, I apprehend that it is an omission that ought to be provided for.

Mr. STOCKBRIDGE. That was not embraced in the order which I offered, as I was under the impression that the Governor's return to us of the persons duly elected and who had taken the oath was sufficient. If any gentleman thinks otherwise, it is perfectly competent to offer another order to cover the omission. I, of course, have no further control over that order, since it has been adopted by the Convention.

Mr. BELT. I do not suppose any parlia mentary body ever assembled without providing for a Committee on Elections. Suppose a contest should arise with regard to any person claiming to be a member, we should need a committee to refer the papers to.

Mr JONES of Somerset submitted the following order:

Ordered, That the President of the Convention appoint a Committee on Elections to consist of members, to report upon the election and qualification of members of this Convention.

On motion of Mr. SANDS,
The blank was filled with ((
The order was then adopted.

seven."

DOCUMENTS FOR MEMBERS. Mr. BAKER submitted the following order: Ordered, That three copies of the Convention law be furnished to each member on Tuesday morning next.

Mr. BERRY of Baltimore county. I should like an explanation of the meaning of that order. I do not comprehend it.

Mr. BAKER. My reason for offering that order was that we may often be at a loss concerning it, and it would aid us if we had it on our desks to refer to, and would prevent unnecessary debate.

Mr. BERRY of Baltimore county. I understand the order to be for three copies for each member.

Mr. BAKER. Only in case they should be taken away or lost. I am satisfied with one. On motion of Mr. JONES of Somerset, The order was amended by striking out "three copies," and inserting "one copy." Mr. STOCKBRIDGE. To be furnished by whom?

On motion of Mr. BERRY of Baltimore county,

The order was amended by adding words, "by the Librarian.”

Mr. ABBOTT moved that the order be further amended by adding, "and also one copy of the Constitution and Bill of Rights."

Mr. BAKER accepted the amendment.
The order as amended was adopted.
On motion of Mr. STOCKBRIDGE,
The Convention adjourned.

THIRD DAY.

TUESDAY, May 3, 1864.

In the absence of the President, the Convention was called to order by the Secretary. On motion of Mr. PUGH,

Mr. STOCKBRIDGE was appointed President pro tem.

Certificates of the qualification of Messrs. Blackiston, Billingsley, Thomas, and Johnson, were presented, and these members appeared and took their seats.

On motion of Mr. DANIEL, Ordered, That a vote of thanks be tendered to Mr. PUGH, of Cecil County, for the efficient manner in which he has discharged the duties of temporary Secretary of this Convention. On motion of Mr. DANIEL,

Ordered, That a copy of all documents printed for the use of the members of the Convention be furnished to each of the official reporters, and that the same be furnished to each of the reporters of the press having seats upon this floor.

On motion of Mr. BILLINGSLEY,

Ordered, That it be entered upon the Journal that JOHN F. DENT, a member elect from St. Mary's County to this Convention, is absent from his seat in consequence of the indisposition of his family.

FURTHER STANDING COMMITTEES.

Mr. CLARKE submitted the following order: Ordered, That a Standing Committee to consist of seven members, be appointed by the President of the Convention, to consider and report respecting the appointment, tenure of office, duties, and compensation, of all civil officers not embraced in the duties of other Standing Committees.

might think it proper to suggest to be incorporated in the Constitution. It was simply to follow that precedent, and to provide for those offices which would not appropriately come before any of the committees yet constituted, that I offered the order that this committee might be appointed with the others, and that there might be no delay.

Mr. STIRLING. I should like to have further time; and I move to postpone the further consideration of this order until after the appointment of the Standing Committees already ordered.

The motion was agreed to.

Mr. PURNELL. I should like to make a few remarks on this question before it is decided. Mr. DANIEL moved to reconsider the question of postponement.

Mr. PURNELL. If it is now in order I wish to make a few remarks favoring the motion of the gentleman from Prince George's (Mr. Clarke.) I think it eminently proper that we should have such a committee as he suggests. If we are to be governed by precedent, certainly there was such a committee appointed by the last Convention. Looking over the catalogue of the committees proposed to be raised by the order submitted to and adopted by the Convention, a few days ago, there does not seem to me to be any committee whose duty it will be to examine the subject contemplated in the order submitted by the gentleman from Prince George's. I see no necessity for waiting for the announcement of the committees before acting upon this matter. If it is necessary to appoint such a committee at all, I see no reason why it should be postponed. I am prepared to vote for the order; and I think it desirable that the appointment of this committee should be cotemporaneous with that of the others ordered a few days since.

The motion to reconsider was not agreed to

Mr. HOPKINS Submitted the following order: Ordered, That a Standing Committee of

members be appointed by the President to consider and report upon the subject of Emancipation of Slaves in this State.

Mr. STIRLING. I think that is already covered by the committees already ordered. It certainly was so understood.

MR. BELT. What committee, What committee, under the present arrangement, will have the consideration of the Emancipation question, if such a question should be raised?

Mr. STIRLING. I should suppose, without speaking for the gentleman who made the motion, that that subject properly belongs to the Committee upon the Bill of Rights. I believe that every State which has heretofore taken action upon this question in its Constitution, has done so in its Bill of Rights. I see no occasion for a special committee, especially as the different committees will have the power to confer with each other to see by

which any particular subject can most appropriately be acted upon.

Mr. HOPKINS I accept the explanation, and withdraw the order.

MOVING TO BALTIMORE

Mr. Scort submitted the following order: Whereas, The City Council of Baltimore have tendered to this Convention, free of cost, a hall for our sessions; therefore

mittees of the Convention have not yet been appointed. Many members are absent-not a great many; and while I do not like to speak of anything that takes place outside, I think I may say that there was an understanding that there was to be some consultation upon this matter before we should be called upon to vote upon it. This morning I think it has taken most of us by surprise. I had no idea whatever that the matter was to be brought

Mr. BERRY of Prince George's. The change contemplated by that order is one in which we feel a very deep interest, and I think it should be very fully considered before being acted upon, and that it should be considered when we have as full a Convention as possible. I move that the consideration of the order be postponed until Tuesday next. Our President is absent, and a good many members of the Convention, and there are many reasons why it should be considered before being acted upon.

Mr. SCHLEY. I will ask if there is any committee here from the city of Baltimore to make this tender to the Convention, and if so, how they have communicated their instructions. I saw in the newspapers that such a resolution had passed, but I think we ought to have something more than that to base any action of the Convention upon, either to-day or hereafter. I therefore ask if there is any official invitation from the city authorities of Baltimore, through any parties authorized by them to make this tender.

Mr. BERRY of Baltimore county. Before that question is answered I will inquire if the Convention has asked of the city of Baltimore any such provision.

Mr. HEBB. I suppose the City Council of Baltimore can extend an invitation to this Convention without being asked to do so by the Convention. But we should first receive the invitation, before acting upon it, and if no such invitation has been sent to any member of the Convention, I suppose we are not prepared to act upon this order.

Mr. BERRY of Baltimore county. Then if any gentleman present has any information of such an invitation, received from the City Council of Baltimore, I ask that he present it to the Convention.

Mr. STIRLING. I am in favor of this motion to postpone, but I fear the gentleman from Prince George's (Mr. Berry) would miss the object he has in view by the delay he has named. I am aware that there is a very strong disposition among a great many members of this Convention to adjourn to Baltimore. I think it behooves us to give due consideration to the subject and decide it. But Tuesday next is a long way ahead; and I should much prefer a postponement to an earlier day. We have elected our presiding officer, but the com

to substitute in the motion, that the further consideration of the order should be postponed until to-morrow. I want to get rid of it one way or the other.

Mr. BERRY of Prince George's. My object in postponing it a week was to notify members of the Convention who are absent many of them at their homes at a distance from this place, in order that they may participate in the action upon this proposition when the vote shall be taken. I do not know that we shall be in a better condition to act upon this order to-morrow than we are to-day. There would be no opportunity for giving proper notice that this great and important question is to be decided, if the vote is to be taken to-morrow. I am not anxious that Tuesday should be fixed upon as the day for acting upon the order, but I do think that time ought to be given for all members who are absent to be present and vote upon the order when the vote shall be taken by the Convention.

Mr. BELT. It seems to me that the proper way is for the Convention to rid itself altogether of the consideration of this subject at the present time. I do not see that it comports with the dignity of this body to be considering now whether it shall accept an invitation which it has no knowledge has been tendered to it at all. Neither this Convention, nor any member of it, is officially informed of any action of the City Council of Baltimore. We are going entirely too fast, it seems to me, to consider at all the proposition of the acceptance of an invitation that may be hereafter extended to us by the city of Baltimore, I would therefore suggest to my colleague (Mr. Berry) that the proper motion under the circumstances would be to lay the subject on the table. If any invitation shall be made, then I shall be inclined to consider what our response ought to be.

Mr. DANIEL. It is known through the public press that some action has been taken by the City Council of Baltimore in relation to this matter, although it has not been officially communicated to this body, and that their action is in effect an invitation to this Convention to adjourn to Baltimore, where they offer to provide us with suitable accommodations free from cost. If any member has a copy of their resolutions, I would most respectfully ask that they may be read.

Mr. BERRY of Prince George's. If the amendment of my friend from Baltimore city