to be according to the population endowed with the elective franchise;

Mr. BELT submitted the following resolution which was laid over under the rule: Resolved, That if the principle contained in the resolution of the gentleman from Washington county, be correct, in asserting that, under a republican system, population is the true basis of representation, excluding all classes not endowed with the right of suffrage, then the authors of the Constitution of the United States were uninformed of the principles of republicanism, in that they admitted all free persons, and even a large proportion of slaves, as within the basis upon which the States are represented in the Federal Congress.

ORDERS OF INQUIRY.

Mr. NYMAN Submitted the following order: Ordered, That the Committee on the Legislative Department inquire into the propriety of abolishing the clause in our present Constitution disqualifying any minister or preacher of any denomination from being eligible as Senator or Delegate.

Mr. BERRY of Baltimore county. I think an order of that kind is unnecessary because as a matter of course that subject will come before that committee for inquiry, that being 、one of the matters in the present Constitution which will come before them for consideration. I have no particular objection to this particular order. I merely throw out the suggestion to avoid further orders of like character.

The order was agreed to.

Mr. STOCKBRIDGE submitted the following: Ordered, That the Committee on the Rights, Duties, Divisions and Sub-divisions of Counties, be instructed to inquire into the expedi ency of dividing the several counties of the State into Wards or Townships, in place of the present Election Districts; such Wards or Townships to be permanent political incorporations, and vested with all powers necessary for their local government.

Mr. BAKER. I should like to hear an explanation of this order.

Mr. STOCKBRIDGE. The purpose of this order is to call the attention of that Committee to what I conceive to be in some respects a defect in the local government of the State. Three quarters of a century ago, Thomas Jefferson of Virginia, and large numbers who acted and thought with him, made a most determined effort in that State to establish sub-divisons in the several counties, to be vested with powers of local government. The same thing was attempted and successfully accomplished in many of the Northern States, and has been for more than a century in operation in some of them. The counties are divided into townships and wards, the inhabitants of each town assembling in town meeting and there in the form of a pure democracy transacting local business,

and having entrusted to them the management of the roads within their own limits, the public schools, and local taxation for these purposes, and various similar matters, which in this State are somewhat cumbersome, being turned entirely into the hands of the State Legislature. Anygentleman who has observed the course of events in our Legislature from year to year, knows that there are always brought up here a large number of matters of purely local concern of which the members of the other counties know nothing and care nothing. Such measure occupy sometimes more than three-fourths of the time of the Legislature. They are presented and usually referred to the delegation of the county as a committee. That delegation has been elected without any special reference to this particular matter and they act upon it, and their action, wise or unwise, is scarely even reviewed or reversed by the Legislature. Matters with reference to roads, the location of school houses, and subjects of this sort, are acted upon without any notice being given to the persons directly and greatly interested in them, and they learn of the matter for the first time after it has become a law of the State. I am not prepared to say that any existing system of which I have any knowledge is exactly adapted to the wants of the counties of this State. It has occurred to me, between, that it might be possible for this committee, to initiate some measure or system of measures which might result in giving this State Legislature relief from discharging year after year business which it is unqualified to perform. I have therfore asked that this Committee be instructed to inquire into this subject; and if they can prepare a proper system, I trust that they will do so.

The order was agreed to.
On motion of Mr. PURNELL,
The Convention adjourned,

NINTH DAY.

TUESDAY, May 10th, 1864.

The Convention met.
Prayer by the Rev. Mr. McNamar.
The proceedings of yesterday were read.

SPECIAL COUNSEL.

The PRESIDENT laid before the Convention the following communication from the Comptroller,

Which which was read and referred to the Committee on the Judiciary Department, and ordered to be printed on the Journal. TREASURY DEPARTMENT, COMPTROLLER'S OFFICE, ANNAPOLIS, May 10th, 1864. To the President of the Convention:

SIR: In obedience to an order of the Convention, adopted on the 4th instant, requiring the Comptroller of the Treasury to report "a statement of the aggregate amount

Mr. SANDS. Perhaps it would be proper to refer this subject to the Committee on Accounts. There is only a definite sum of money to be expended here; and I understand that this will be a matter of some cost. Mr. MARBURY. I do not know what clause of the Constitution is referred to; but I do not consider this Convention debarred from adopting any rules or order necessary to frame a Constitution, or to aid them in the prosecution of their work. I understand we have unlimited power to do anything that is necessary to perfect this Constitution; and I consider this as one of the means necessary to give us the information which we require from every part of the State. It is certainly very desirable, and I think it is necessary that we should have that information.

Mr. BERRY of Prince George's. I think, from reference to the constitutional provision that it does not apply. I understand the object of the order to be to procure these papers for the benefit of the Convention, to furnish us with statistical and other information from all parts of the State, upon matters that may come before the Convention for their action. The provision of the Constitution which is referred to, is Art. 3, Sect. 20:

"No money shall be drawn from the Treasury of the State, except in accordance with an appropriation made by law, and every such law shall distinctly specify the sum appropriated and the objects to which it shall be applied; provided, that nothing herein contained shall prevent the Legislature from placing a contingent fund at the disposal of the Executive," etc.

A provision has already been made by the last Legislature for the purpose of defraying the expenses of this Convention. This information is for the purpose of enabling the Convention during its session to get at the public opinion on the various questions which shall be considered here.

The PRESIDENT. The chair will call the attention of the gentleman to the 30th Section of the same article:

"No book or other printed matter not appertaining to the business of the session, shall be purchased or subscribed for, for the use of the members or be distributed among them, at the public expense."

Mr. BERRY of Prince George's. This applies merely to the Senators and Members of the House of Delegates, and has no applicability at all to members of this Convention.

they will receive either at their homes or here. I think it is wrong in principle to make this a charge upon the State; and therefore although there is nothing in the Constitution forbidding it, I shall vote aginst it. I disagree with the gentleman from Prince George's that there is nothing in the Constitution that binds us at all, for we have a right to do as we please and submit anything we please. Certainly I think it is an erroneous idea that until we make a new Constitution we are not bound by the one that is made; and the new Constitution is not only to be made but to be ratified by the people of the State.

Mr. MARBURY. I intended to say that the Convention has unlimited power to do anything to perfect the Constitution.

Mr. DANIEL. I referred to your colleague, who sits next to you, (Mr. Clarke.)

Mr. ABBOTT. I move to amend by allowing each member to subscribe for one copy of such paper as he may desire.

Mr. MARBURY. In that way we should lose the advantage of having the papers collected in the Library where each member can go and obtain a correct idea of what public opinion is throughout the State. One member will subscribe for a paper representing certain views, and another member for a paper representing different views, and each will read only one side. My object in making a general provision was that we might ascertain the public opinion all over the State, and learn what the people think of our proceedings here, what suggestions they have to make. I think it is very necessary to enable us to prove such a Constitution as the people will adopt. How can we ascertain what they desire in any other way except through the press of the State. If a gentlemen takes a newspaper representing only certain views, which may not be the views even of a majority of the people of that county, how is he to ascertain the real sentiments of the people. I can think of no other way than this to get at the public opinion of the State.

er to appoint such clerks and other officers as may be deemed necessary to facilitate the transaction of the business of the Convention,

and to fix their compensation, and the Treasurer of the State of Maryland shall, upon the order of the President of said Convention, pay to each member thereof their per diem and mileage as herein before provided, and shall also pay to the officers of said Convention, upon the order of the President, such compensation as the Convention shall allow; provided it shall be the duty of the Speaker of the House of Delegates, and of the President of the Senate, to provide a reporter of the Debates and Proceedings of said Convention, who shall act until the said Convention shall provide its own officers.'

I think that under this law, the Comptroller of the Treasury and the Treasurer himself, are bound to pay and to pay only what this law authorizes to be paid. The last appropriation bill, passed in pursuance of the provisions of this law, carrying out its purpose, appropriated $150,000 for the expenses of this Convention; and they are only such expenses as the Convention bill itself provided for. I do not think the Comptroller of the Treasury nor the Treasurer himself would be authorized under the law to pay such expenses as this order contemplates. I should like very much to have the information these papers would communicate to us; but I do not see how we can get it.

Mr. HEBB. I am astonished to hear the opposition to this order, inasmuch as it was almost unanimously decided, myself in the minority, to pass an order requiring the Librarian to purchase a certain number of copies of the American Constitutions." I cannot see the necessity of having a paper from each county to pile in the Library. The members of my county want information of the wishes of the people there, and not the informasion sought by members from other counties. We should not read their papers, neither would they read ours. We all wish to obtain the information from our own people. The PRESIDENT. The payment would come out of the contingent fund specially appropriated to the increase of the Library.

Mr. HEBB. That did not augment the Library, inasmuch as the order was that we were to take the books home.

The PRESIDENT. Only temporarily; but certainly the books must go into the Library before they can be taken out.

Mr. BELT. I would merely suggest that we have no right to take legislative action for the augmentation of the Library.

On motion of Mr. HEBB,

On motion of Mr. GALLOWAY,

Ordered, That the Committee on the Judiciary Department be requested to inquire into the expediency of changing the Sixth Judicial Circuit, composed of Baltimore, Harford and Cecil counties, into two separate and distinct Circuits.

On motion of Mr. HEBB,

Ordered, That the Committee on Accounts be requested to fix the per diem and mileage of the officers of the Convention, and report the same to the Convention for its action at as early a day as possible.

Mr. CLARKE Submitted the following order: Ordered, That the Committee on the Judiciary inquire how far this Convention is limited in its powers by the existing Consfitution of the State, and the act of Assembly providing for the call of the Convention, and report to this Convention at as early a day as practicable.

Mr. CLARKE. I offer this simply that the question may be met at once, and that we may define our powers, and act intelligently when questions for the appropriation of money or similar questions arise. I perfectly agree with the gentleman from Baltimore city, (Mr. Daniel) that so far as the action of the Legislature calling this Convention into being prescribes a limitation, that action having been sanctioned by the people, the limitation may control this power of the Convention. Thus the oath prescribed, and the place of the assemblage of the Convention, and the question of submitting the Constitution to the people, may all be considered binding limitations, because they are limitations imposed by the sovereignty when they voted under the act to call this Convention into being. But even these propositions I submit as queries. Beyond that, I regard this body, in its action, as having full power to pass upon all matters which may come before it subject of course to the provisions of the Constitution of the United States. On motion of Mr. HEBB, The Convention adjourned.

TENTH DAY.

WEDNESDAY, May 11th, 1864.

The Convention met.
Prayer by the Rev. Mr. Owen,

The proceedings of yesterday were read. The PRESIDENT laid before the Convention communication from the Executive, enclosing the returus of a special election held

a

vention;

Which was read and referred to the Committee on Elections.

The qualification of E. P. Duvall, member elect from Montgomery county, was presented, and the gentleman named appeared and took his seat.

On motion of Mr. DANIEL