Imágenes de páginas
PDF
EPUB

reorganized. It is a great and important duty and work; and in order to do it I must be here as much as possible and take suggestions from whom I can, and frame, so far as I can, with the aid of the Commander-inChief, a Militia system for the State of Maryland.

necessary that every member should be here, when the Sergeant-at-Arms is sent out we are locked in. That is parliamentary law. And I have known even in my day and in the city of Annapolis, the members of the Legislature to be locked up in this hall for more than an hour awaiting the return of the Sergeant-at-Arms with absentees When we get to that great city of Baltimore, I imagine that it will be time to adjourn sine die when he comes back, if he is to collect all the ab-in framing the Constitution. I have waited sent members.

But my friend from Howard says we are not to play school boys. We are to remain here. My friend from Washington answered him when he said he knew members here who had declared that they would not live here, but would go to Baltimore, and hence this necessity of the Sergeant-at-Arms taking the railroad track, and sending a deputy to take the boat line, in order to catch them somewhere.

The argument that the Legislature of Maryland and the people of Maryland expected us to remain here in Convention has been so successfully stated by the gentleman from Prince George's that it is uncessary for me to say a word about it. The lawyers have talked over that thing among themselves, and I am very well satisfied with the legal points which the gentleman from Prince George's has made.

Now what are the advantages here? Here is a comfortable hall. Here is the State House of Maryland. Yonder is the Library, and gentlemen will not presume to say that the Convention can move the Library to Baltimore. The State Library must stay where it is. The Law Library in Baltimore may suit some, but does not suit all. The printing is done here, and is required by law to be done here. And last, but not least, there is another very interesting building here the Treasury. [Laughter.]

Another thing, I am not authorized to say it, but I take upon myself to do so, that owing to the great and onerous duties that devolve upon him, the Comptroller of the State will feel almost necessitated to remain here. I know something of his duties, as connected with my own department, and I tell you that the President of this Convention-I do not speak for him, but say what I think as a member of the Convention-will feel it necessary that he should remain here to perform his other duties as Comptroller of the State. A removal would be a great inconvenience to him, and to all connected with and doing business with his depart

ment.

The Clerk of the Court of Appeals is a member of this body. He has to be here. And now, speaking for myself, as Adjutant General of the State, I feel that my duties require me here. By an act of the last Legislature the militia system of the State is to be

There are three members that will be put to serious inconvenience. I believe that every gentleman here can give some aid

in the hope that gentlemen would adduce their good reasons why the Convention should be moved to Baltimore. I have not heard one, except on the score of expense, and on the score of accommodation. As to accommodation, we are not advised that we can have any at Baltimore. Even those which have been suggested are not equal to those which we have here; and as to expenses, the $5 per day which I am to receive by the law of the State as a member of this Convention, is that upon which I must live, and for which I must give my undivided attention to my duties as a member of this Conven tion.

Mr. DANIEL. I rise, not to make a speech, as the subject, on both sides, has been so well ventilated. We have heard the arguments pro and con; and especially as there have been more speeches on the side with which I differ than that which I favor, thinking that it will conduce to the despatch of business, I move the previous question. The motion for the previous question was sustained.

The question being stated on the adoption of the amendment submitted by Mr. Miller, the yeas and yeas were ordered; and being taken resulted-yeas 51, nays 35-as follows:

Yeas-Messrs. Goldsborough, President; Greene, Hebb, Thruston, Miller, Harwood, Bond, Henkle, Stockbridge, Stirling, Daniel, Cushing, Berry of Baltimore county, Hoffman, Parker, King, Ecker, Earle, Pugh, Briscoe, Turner, Parran, Dail, Johnson, Smith of Dorchester, Hodson, Schley, Galloway, McComas, Hopper, Russell, Sands, Sykes, Chambers, Blackiston, Hollyday, Lansdale, Peter, Berry of Prince George's, Belt, Marbury, Lee, Brown, Wilmer, Billingsley, Morgan, Horsey, Mullikin, Nyman, Davis, Purnell-51.

Nays-Messrs. Wickard, Robinette, Hatch, Kennard, Brooks, Barron, Abbott, Thomas, Audoun, Larsh, Smith of Carroll, Swope, Wooden, Jones of Cecil, Scott, Todd, Car ter, Noble, Keefer, Markey, Annan, Baker, Cunningham, Schlosser, Hopkins, Gale, Dennis, Valliant, Dellinger, Negley, Mayhugh, Sneary, Smith of Worcester, Farrow, Murray-35.

So the amendment was adopted.

Mr. STIRLING. I move to reconsider the motion just taken.

Mr. STOCKBRIDGE. I move that that mo- | have heard no allegation that the members

tion be indefinitely postponed.

The motion to postpone was agreed to. On motion,

The Convention adjourned.

FIFTH DAY.

THURSDAY, May 5th, 1864. The Convention met and was opened by prayer.

The journal of yesterday was read. Mr. STOCKBRIDGE. I made the motion yesterday that the consideration of the subject, and not of the motion to reconsider, be indefinitely postponed, and I desire that the journal should be so corrected.

Mr. SANDS, Mr. BARRON, Mr. HEBB, and the PRESIDENT stated that the journal corresponded with their recollection of the motion that was made.

Mr. STOCKBRIDGE, and Mr. BERRY of Baltimore county, recollected the motion otherwise

There being objection, the journal was not changed.

JUDICIARY COMMITTEE.

Mr. SANDS Submitted the following order: Ordered, That the following named members be added to the Committee on the Judiciary Department: Messrs. Daniel, Purnell, Thruston, Baker, Davis and Billingsley.

Mr. BERRY of Baltimore county. I object to that. If the gentleman desires the committee to be increased, let him ask for that and let the President appoint. I think it is a reflection upon the President to put such an order as that upon the journal.

Mr. SANDS. I take pleasure in assuring the gentleman that the order is no such reflection. I have now met that committee several times; and I think it wants more members. All the members have not been present at any meeting of that committee. I think we need a larger committee. I disclaim any idea of reflecting upon the President or anybody else. The original motion was for the President to appoint seven, which he has done. Now, sir, as a member of this body, after meeting with that committee several times, I say that my conviction is that it needs enlarging, and I have offered an order that the committee may be enlarged, simply that the business of the body may be facilitated. I repeat that I utterly disclaim any reflection upon the President, or upon any gentleman whatever.

Mr. MILLER Submitted the following amendment:

Ordered, That the number of the Committee on the Judiciary Department be increased by five additional members, to be appointed by the President.

Mr. CUSHING. I should like to know for what reason an increase of this committee is desired. The committees were established by Vote of the Convention, seven in each. I

are insufficient to do the work. So far as my own experience has gone, too large committees are not desirable. The Convention had this subject under discussion when the committees were ordered to consist of seven members each. Before voting for the increase of any committee, or the addition of any members, I wish to know on what grounds the increase of the committee is desired.

Mr. SANDS. Of course it gives me pleasure to inform the gentleman. At the first meeting I think there were five members present; and after a little informal talk we adjourned. This morning again at half past 10 we met, and one member was absent; and it was proposed that we should adjourn in consequence of the absence of that member. To-morrow morning I shall not be able to be here, I think; my health being in that condition which will necessitate my returning home. Of course the same ground will be taken for adjournment, the absence of a member of the committee, there being but six there. I think by the addition of the names embraced in that order, we shall have a sufficient number of gentlemen to enable the committee to keep straight forward in the transaction of its business. That was the only purpose which I had in view. I want to get away as soon as I can; and I want the business of the committees with which I am connected to be transacted as speedily as possible. Those are the reasons upon which the order was based.

Mr. CLARKE. I do not know whether it is properly in order to refer to proceedings which have transpired in committee; but inasmuch as the gentleman from Howard has referred to the matter, I deem it due to state that the committees were only announced on yesterday. I thought as one member, Mr. Jones, of Somerset, was absent yesterday and had not yet returned this morning,-being detained by the pass system going into operation this morning without his knowledge and being unable to secure his pass in time-it would be well to wait for him. The committeee started at the very earliest period to go to work and discharge the duties assigned to us, and have worked faithfully and progressed rapidly. Probably if the committee had been larger, and the discussion had extended to more members, we should not have accomplished as much work as we have already accomplished. The committee have already passed upon various matters; and if now, after it has determined what course it will take, other members are added before the committee had an opportunity to submit the report to the Convention, it destroys the work already done, for it must all be considered again. The committee purposes to go on faithfully in the discharge of its duties. I have no desire, if the House wishes a larger number, that it should be limited to the number of seven. But I see no reason fo

reflecting upon the committee, or undertaking now to destroy its work so far as it has gone, by the course proposed by the gentleman from Howard. I am very sure that the same reasons which apply to the increase of that committee might apply to all the committees with equal power. After we have faithfully discharged our duties and determined upon various matters, we shall have to begin the whole work over again, if the order is passed.

Mr. SANDS. As I stated, there was a motion to adjourn on account of the absence of Mr. Jones. I opposed the motion at the time, stating that in all probability I could not be present to-morrow, and that would necessitate another adjournment. I wish to state the facts fairly. Of course every gentleman who is a member of the committee knows the fact that there was a motion to adjourn on account of the absence of Mr. Jones, and that I opposed it on the ground that I should be absent to-morrow, so that there would still be but six members of the committee present. I did not mean any reflection upon the committee.

Mr. CLARKE. I did not consider that as a reflection upon the committee.

I concur with the gentleman from Balti more city, that so far from facilitating business by increasing the number appointed upon a committee, you actually obstruct it to some extent. Certainly the fewer the number of members upon a committee the greater the facility for the interchange of opinion and the rapid performance of their duty.

Mr. MILLER. I offered the amendment that I did merely for the purpose of testing the sense of the body upon the proposition that if a committee is to be increased, it should be increased in the regular way by appointment of the President of the Convention, he having the power to appoint. I have no desire at all that that committee should be enlarged, but think if it is to be enlarged it should be by appointment by the President, and not by naming the additional members in the resolution.

Mr. EARLE. I wish to state to the Convention, as a member of the Judiciary Committee, that there was no direct motion this morning in this committee to postpone its action. I made the suggestion myself, that as Mr. Jones, a member of that committee, was not here, and had not met with us, we should postpone action; but the moment the gentleman from Howard stated that he could not be present to-inorrow morning, that suggestion was withdrawn, and the committee at once proceeded to attend to the business for which they were appointed. 1

Mr. CUSHING. I would like to know if it is the desire of a majority of that committee to have it increased. If it is a question of sufficient importance for the action of the Convention, it would impress itself upon the minds of a majority of the committee, and induce them to request the increase of the

Mr. SANDS. I certainly meant no reflection upon the committee. I have found them very pleasant, honest, and earnest gentlemen, and I take pleasure in saying that for them. But I believe the business of the committee will be facilitated in the end by the admission of other members. And I believe that the business of this Convention will be facilitated by the mutual intercourse of many of the committees, especially those which have a great deal to do. What hinders any member of this Convention, who has been kept out of the committee room, from mak-committee. But I do not think it is desirable, ing and advocating any suggestion of his own after the committee have reported? So after the reports come into this chamber, you may have the reports of A, B, and C, and the suggestions of A, B, and C, to debate and act upon. I think in view of the facts of the case, the business of the Convention will be facilitated by increasing the committee.

Mr. BOND. If the reason given by the gentleman from Howard is a good one for increasing the Judiciary Committee, it will apply to every committee of this body. If the absence of a member of a committee is to be a reason for enlarging it, the same reason will apply to every individual committee. Perhaps every gentleman upon this floor is a member of some committee or other; and by the appointment of an additional number upon any one committee, you obstruct the labors of other committees, and they are furnished with a still greater reason for adjourning and asking an enlargement of their numbers. I see therefore no sufficient reason for the prevalence of the motion that has been made.

unless there are some extremely good reasons presented, to change the basis of our committees; for if we begin to increase the committees, there is no knowing how far it will go. If a majority of the committee are of opinion that it should be increased, and give sufficient reasons for increasing the committee, it should be done in the regular way by requesting the Convention to appoint additional members.

Mr. STOCKBRIDGE, (chairman of the committee.) In reply to the question asked by my colleague as to the preference of the committee, I wish to say that I do not at all know what is the preference of the committee. The matter was not at all before the committee, and they have expressed no opinion upon it, excepting so far as individual members have expressed an opinion here since the order was offered. Here for the first time we have heard of any desire to increase the number of the committee.

Mr. BELT. I move that the order, together with the amendment, be referred to the Judiciary Committee, in order that they may report to us whether they desire that the committee should be increased.

Mr. BERRY, of Baltimore county. The reason why I object to the proposition of the gentleman from Howard was because the Convention having adopted the rules of the House of Delegates, the appointing power rests with the President. The 45th rule says "The following standing committees," each to consist of so many, "shall be appointed by the Speaker at the commencement of the session." If the committee is to be increased, I desire that the President of the Convention should increase it. No doubt he would consider the suggestion of the gentleman from Howard.

The PRESIDENT. The Convention having determined to act upon the rules of the House of Delegates, it would be proper to repeal the 45th rule, before adopting the order. But so far as the President is concerned he would waive any objection of that kind if the Convention choose to adopt the order.

Mr. ABBOTT. The Convention has determined the number for the committees, and I find that it takes nearly every member of the House upon some one of them. As suggested by the member from Anne Arundel (Mr. Bond) any increase of one committee takes members away from other committees.

The PRESIDENT. Every gentleman has been assigned to some particular duty by the Pres

ident.

[ocr errors]

Cecil, I think, upon an order for the appointment of the committees, that it would facilitate the business of the Convention if the substitute of the gentleman from Baltimore city were adopted. At the same time an intimation was thrown out that if there should be a necessity for an increase in the number of Standing Committees, such orders could from time to time be adopted. I do not understand therefore that the various committees necessarily embrace all the subjects before the Convention. A similar Standing Committee to this was appointed by the last Convention; and upon looking at the Constitution I think the necessity for such a committee is very evident. In article 7, Sec. 1, page 63, the Constitution provides for a Commissioner of Public Works. Now I know of no committee to whom that would properly belong. In Sec. 6, there is a provision for Lottery Commissioners. I presume their duties are now entirely gone. Then in Sec. 8, there is a reference to County Commissioners. I know of no committee to whom that subject would properly go,-how they should be appointed, whether elected or appointed by the Governor, or the various provisions in connection with it. Sec. 9 refers to Road Supervisors, Sec. 10 to Surveyors, and Sec. 11 to Wreck-Masters. All these various officers are appointed under the present Constitution, and they do not properly belong to any Committee yet appointed. It may be desirable that other officers should be provided for in this present Constitution.

Mr. CHAMBERS. In referring this matter to the committee it seems to me that the Convention are taking very unnecessary trouble. When a committee shall come to the conclusion that their numbers are too few to perform the duties assigned to them, it is charity Before the last Legislature there was a questo presume that in the discharge of their duty tion of collecting, upon a recommendation they will so inform the House, and ask for an from the Governor and Comptroller, appointincrease of their number. It seems to me a ing officers to come more directly under the reflection upon the committee to say to them, supervision of the Comptroller, to secure if you have not got enough members to do greater uniformity. There was also the quesyour duty you ought to tell us so. I think tion of the County Treasurer. Some denied the committees are sufficiently aware of the that the Collectors should pay directly to the propriety of their position to do that thing County Treasurer, and that the County Treaswithout the spur being applied. The com- urer should pay directly to the State Treasmittee have not, as the House might reasona-urer; and various provisions were considered bly suppose from the action of one of its mem- to make that system uniform; instead of havbers, asked for an increase. I move that the I move that the ing as now in some counties, County Treaswhole subject be laid upon the table. urers, and in others no such officer. The motion was agreed to-ayes 35; noes 33.

[ocr errors]

COMMITTEE ON CIVIL OFFICERS.

The Convention proceeded to the consideration of the following order submitted by Mr. CLARKE on Tuesday last :

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 officers, duties and compensation of all civil officers not embraced in the duties of other Standing Committees.

Mr. CLARKE, I will merely state in explanation of this order that when the various Standing Committees were appointed it was uggested, in reply to the gentleman from

I will not take up other subjects that might be suggested. I think I have said enough to show that it is advisable and well that we should have such a Committee.

The order was agreed to.

The PRESIDENT announced the following committee in accordance with the above order: Messrs. Clarke, Billingsley, Thruston, Daniel, Baker, Purnell and Davis.

OMNIBUS COMMITTEE.

Mr. CUSHING Submitted the following order: Ordered, That a Standing Committee of seven be appointed by the President, to consider and report upon all subjects brought before the Convention, which have not been provided for in the duties assigned to the committees already appointed.

Mr. CUSHING. My object in offering this order is that there may be no further accumulation of committees. I think we may as well put an end to it by appointing such a committee as this.

mittee on the Declaration of Rights. It will be more proper hereafter, when a proposition connected with this subject comes up for reference, to decide at the time to which committee it shall be referred. I think at present it will be better to have these two committees both consider the subject, the right havMr. MILLER. I would suggest to the gentle-ing been given to committees to confer toman that this might be appropriately called the Omnibus Committee.

Mr. BARRON called for the yeas and nays, and they were ordered.

Mr. CUSHING. Or it might be called a Wastebag Committee.

Mr. CLARKE. There was a suggestion that there should be a Committee on Emancipation and the Negro Population. I do not know to which Committee that subject belongs under the various assignments. The gentleman from Baltimore city (Mr. Stirling) suggested that it belonged to the Committee on the Declaration of Rights; and there might be, between that Committee and this some controversy. I merely throw out the suggestion, by way of inquiry to which committee that very important subject belongs.

Mr. CUSHING. I think the Convention will decide whether the Emancipation question, or the question of the Colored Population, properly belongs to the Committee on the Declaration of Rights or to this committee, and I am willing that these subjects should go to whichever committee the Convention prefer.

gether.

[ocr errors]

Mr. CLARKE. As I understand the duties of the various standing committees, there is no one which properly has jurisdiction, by its title, of the subject of this order. The gentleman from Baltimore (Mr. Stirling) expressly stated that the committee named in this order would be the committee which would have charge of the subject. It was suggested at the time that there was some query at least how that committee would get jurisdiction over the subject. It was simply that the Convention might refer the subject to some committee that I offered the order. I have no objection to dividing the subject or making any disposition of it the Convention may think proper; but I think it is a subject of sufficient importance to be brought before some committee in a distinct form.

Mr. JONES, of Cecil. Would it not be better, when propositions are offered, to refer them to the committee which may seem more appropriate to those particular propositions at the time?

Mr. KENNARD. In accordance with the The question being taken upon the adop-view expressed by the gentleman from Alletion of the order, the result was-yeas 6; nays 71-as follows:

Yeas-Messrs. Harwood, Abbott, Cushing, Parran, Belt, Negley-6.

Nays-Messrs. Goldsborough, President; Hebb, Thruston, Wickard, Robinette, Miller, Bond, Henkle, Hatch, Kennard, Brooks, Stockbridge, Barren, Thomas, Audoun, Berry of Baltimore county, Hoffman, Parker, King, Larsh, Smith of Carroll, Ecker, Swope, Wooden, Jones of Cecil. Earle, Scott, Pugh, Briscoe, Turner, Todd, Carter, Noble, Keefer, Markey. Annan, Baker, Cunningham, Cunningham, Schlosser, Galloway, McComas, Hopper, Russell, Hopkins, Sands, Sykes, Chambers, Blackiston, Holloway, Landsdale, Peter, Clarke, Berry of Prince George's, Marbury, Lee, Brown, Wilmer, Billingsley, Morgan, Hoisey, Valliant, Mullikin, Dellinger, Nyman, May hugh, Davis, Sneary, Smith of Worcester, Purnell, Farrow, Murray-71. So the order was rejected.

THE EMANCIPATION QUESTION. ·Mr. CLARKE submitted the following order: Ordered, That all subjects connected with emancipation and the colored population of the State be referred to the Committee on the Declaration of Rights.

[ocr errors]

Mr. HEBB. I am opposed to that. There is one branch of that subject that belongs more properly to the Legislative Committee, and another branch that belongs to the Com

gany (Mr. Hebb) that a portion of the subject belonged to the Committee on the Declaration of Rights, and a portion to the Legislative Committee, I will state that the Legislative Committee was in session last evening, and that that subject came up in the course of its investigation. I think it properly belongs to both committees; and I think in due course of time the subject will be reported upon to the Convention without its being referred specifically to either of them. If it is to be referred, it would be better to refer it to both these committees, as it belongs to both.

:

Mr. PUGH. In vindication of the gentleman from Baltimore city, who seems to be absent, (Mr. Stirling) I did not understand him to say that that question properly belonged to the Bill of Rights. I understood him to say that it might be that committee, or it might be some other committee. I endorse the view of my colleague (Mr. Jones) that when the subject comes up, if it does come up, it can be referred to the committee which we think appropriate to the subject. It has not come up yet, except in this present shape. I should be opposed to the suggestion to refer it to those two committees even. There may be and I think there are other committees to which some particular portions of that question-the color question-may be referred; and I should be op

« AnteriorContinuar »