Ordered, That the Reverend Messrs. Davenport, Patterson, McNamar and Owens, be requested to be present alternatively, at each of the sessions of this Convention, and open the same with prayer. Mr. STOCKBRIDGE submitted the following order: Ordered, That the President of this Convention be requested to increase the Committee on the Judiciary Department, by adding thereto two members; Mr. STOCKBRIDGE states he had offered this order under the direction of the committee. The order was agreed to. The PRESIDENT appointed Messrs. Thruston and Daniel, in accordance with the above order. Mr. SNEARY submitted the following order: Oraered, that the Treasurer of the State of Maryland, upon the order of the President of this Convention, pay to Alfred Miller, who has been temporari y discharging the duties of Page, the per diem and mileage allowed to the permanent Pages, for the number of days of service which he may have rendered; Which was adopted. Mr. PURNELL Submitted the following order: Ordered, That the Committee to consider and report respecting the Elective Franchise, be instructed to inquire into the expediency of incorporating into the Constitution an article extending the right of suffrage to soldiers, drafted or enlisted from this State into the service of the United States, and who may be out of this State, and in the service of the United States at the time of any election in this State, and that the Legislature at its next session provided by law for the holding of an election in the regiments to which such soldiers may belong, under such restrictions and regulations as may be deemed necessary to guard the purity of the ballot box. Mr. SANDS stated that the Committee already had that subject under consideration. The order was adopted. Mr. MARKEY Submitted the following order: Ordered, That the Committee on the Judiciary inquire into the expediency of giving to the Orphans' Courts of the several counties and the city of Baltimore, jurisdiction over the real estate of persons dying intestate where the valuation thereof does not exceed the sum of three thousand dollars. Mr. STOCKBRIDGE. I have no objection whatever to the order which is proposed if it be understood that they shall not be precluded from giving the Orphans' Courts jurisdiction when the amount is larger than $3,000, if they see fit. The order was agreed to. On motion of Mr. MAYHUGH, Ordered, That the Committee on the Legislative Department be directed to inquire into the expediency of providing for the disposal of the incorporate stocks of the State. On motion of Mr. RIDGELY, Ordered, That the Committee on the Judiciary, consider whether by abolishing the fees of office, and the substitution of some other mode of compensation, or otherwise, the character of the office of Justice of the Peace, may not be elevated and the administration of the office to be made more efficient and faithful. BASIS OF REPRESENTATION. The Convention proceeded to the consideration of the following resolution submitted by Mr. BELT on Monday last: 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. Mr. BELT moved that this resolution be referred to the Committees on the Basis of Representation. Mr. RIDGELY. It strikes me, sir, that that proposition is not strictly in order. It does. not present any subject for the consideration of this body, for inquiry or for legislation. It is the mere argument of the gentleman who proposed it; and it is submitted to the body as an argument, in its form, and not as a question to be considered by the committeenot as a matter for the substantive legislative action of the Convention. action of the Convention. It is a mere isolated independent abstract inquiry, in no way connected with the deliberatio ns of this body on any subject before it. I respectfully suggest therefore that it is not strictly in order. Mr. CHAMBERS. I hope my friend from Prince George's will withdraw his resolution. Mr. BELT. I had supposed that any proposition made here in good faith would at least receive the courtesy of a nominal reference to a committee. Whether it is a substantive principle or not, it carries with it something by way of principle, and is a proposition for the consideration of the committee. If there is the least objection to it, of course I will not press it. Mr. RIDGELY. Before it is withdrawn allow me to say, at once and in advance, that I trust I shall ever be controlled by the nicest sense of courtesy and delicacy towards my brethren here in the whole course of my action in this body. I have not been influenced in the most remote degree, by any feeling inconsistent with this, but made the suggestion simply to relieve this body, in the press of its business, from a subject not legitimately for its consideration. Mr. BELT withdrew the resolution. COMPENSATION OF OFFICERS. Mr. GALLOWAY, from the Committee on Accounts, submitted the following report: In compliance with the order of the Convention, the Committee on Accounts respectfully report, that after canvassing the various duties assigned to each, they have allowed to each officer the following sums, to wit: To William R. Cole, Secretary, five dollars per diem and mileage. To John H. Shaw, Assistant Secretary, five dollars per diem and mileage. To A. D. Evans, Sergeant-at-Arms, five dollars per diem and mileage. To each of the Committee Clerks, five dollars per diem and mileage. To each of the Post-Masters, five dollars per diem and mileage. To each of the Doorkeepers, five dollars per diem and mileage. To each of the Folders, five dollars per diem and mileage. To the Chief Page, five dollars per diem and mileage. To the Assistant Pa es, four dollars per diem and mileage. To the Lamp-Lighter, four dollars per diem.. To each of the Keepers of Committee Rooms, four dollars per diem. To Keeper of Water Closets, four dollars per diem. The report was read and concurred in. Mr. HATCH moved that the Convention adjourn. The motion was not agreed to. SPECIAL ELECTIONS. Mr. ScoTT submitted the following order: Ordered, That the Committee on Elections be instructed to consider and report on the propriety of electing the following officers at an election specially for that purpose, viz. : School Commissioners, Justices of the Peace, Constables and Road Supervisors : Mr. BARRON. I would prefer that that subject should be referred to the Judiciary Committee. Mr. SCOTT. I have no objection to the amendment. Mr. STOCKBRIDGE. It seems to me that that order as it now stands is somewhat mixed. Justices of the Peace and Constables are a part of the judicial system, and School Commissioners and Road Supervisors ar a very different thing. While I do not conceive that Committee on Elections is the proper one, it occurs to me that the matters belong to two different committees. Mr. STIRLING. I do not suppose that the Committee on Elections has anything to do with it, and the Committee on the Judiciary is obnoxious to the objection my colleague raises, that a portion of the offices do not belong to the judicial system. Mr. PUGH. I have an idea that there may be some mode adopted by the Committee on the Legislative Department which will do away with our present system of School Commissioners altogether. I do not know that that will be done, but in order to avoid that difficulty in case it should arise, I move to strike out the words "School Commissioners." Mr. ScoTT accepted this amendment also. The Convention adjourned. ELEVENTH DAY. THURSDAY, May 12th, 1864. The Convention met. Prayer by the Rev. Mr. McNamar. Present at the call of the roll, the following members: Messrs. Goldsborough, (President,) Hebb, Thruston, Wickard, Robinette, Miller, Harwood, Bond, Henkle, Kennard, Brooks, Stockbridge, Stirling, Barron, Daniel, Abbott, Cushing, Thomas, Berry of Baltimore county, Ridgely, Hoffman, Parker, King, Larsh, Ecker, Swope, Wooden, Jones of Cecil, Earle, Scott, Pugh, Turner, Edelen, Davis of Charles, Mitchell, Todd, Carter, Dail, Johnson, Smith of Dorchester, Hodson, Keefer, Schley, Markey, Annan, Baker, Cunningham, Schlosser, Galloway, McComas, Hopper, Russell, Hopkins, Sands, Sykes, Chambers, Blackiston, Hollyday, Lansdale, Peter, Duvall, Clarke, Marbury, Lee, Brown, Wilmer, Morgan, Jones of Somerset, Crawford, Gale, Horsey, Valliant, Mullikin, Nyman, Negley, Mayhugh, Davis of Washington, Sneary, Smith of Worcester, Purnell, Murray. The proceedings of yesterday were read. REVISING CLERK. Mr. PUGH submitted the following order: Ordered, That there, be appointed by the President a Revising (lerk, whose duty it shall be to correct the debates, as directed by the Speaker, superintend the printing thereof, index the Journal of Proceedings, the Debates and the Constitution, and to perform such other duties as may be suggested by the Committee on Reporting and Printing. The order was referred to the Committee [on Reporting and Printing. THE JUDICIARY. On motion of Mr. BOND, Ordered, hat the Committee on the Judiciary be instructed to inquire into the expediency of providing as follows: 1st. That there shall be five Judges of the Court of Appeals who shall hold office during life, unless removed for cause, with a salary of three thousand five hundred dollars per annum each. 2d. That there shall be one Judge for each county, who shall reside at or near the capital, or county town of his county, who shall have and exercise all the powers and jurisdiction in said county of the Circuit Courts of the respective counties, including! the jurisdiction in chancery, and also in all matters relating to testamentary affairs, with all the powers and jurisdiction of the Orphans' Courts, who shall hold their offices during life, unless removed for cause, with a salary of three thousand dollars per annum each. 3d. That the State shall be divided into five districts, and one Judge of the Court of Appeals, shall be elected by the qualified voters in each of said districts. 4th That the State shall be also divided into ten Judicial Districts, of two counties each, and two Judges shall be in like manner elected for each of said districts, one of whom shall reside in each of the counties composing the district. 5th. That there shall be two terms yearly in each of said counties for the dispatch of judical business, in which the judge of the Court of Appeals for the district in which the Court shall sit, shall preside so that each Court shall be held by three Judges except in cases of illness or other necessary absence. 6th. That the Orphans' Court shall be abolished. 7th. That a separate judicial system for the city of Baltimore, shall be established. ADJOURNMENT OVER. Mr. DANIEL. I hope neither branch of this amendment will be adopted; for I think that both are wholly unnecessary. I agree with my colleague, that though there may not be seemingly important business before the House to be transacted at this time, yet in order to keep the committees at work it is necessary to keep up our meetings; for as soon as we adjourn over, the committees all scatter, and we lose the work which might be done in committee even were the House not sitting. I think that whether the committees report or not we ought to sit to-morrow, for some of the committees meet to-morrow morning, and then I shall have no objection to adjourning until Monday or Tuesday. As to the other branch of the order I think it is a small business cutting members pay off. They get little enough now. When there is a necessity for adjourning over a day or two, it is proper to adjourn. If there is no necessity for adjourning we ought not to adjourn. But members get but $5 per day, and they have to pay half that for board, and if there is a necessity for adjourning I think the pay should not be cut off. It is not done elsewhere, even where much larger sums are paid for attendance, and where I do not be Mr. VALLIANT submitted the following or-lieve they work any harder than some of us exder: Ordered, That when this Convention adjourn to-day, it adjourn to meet on Wednesday next, at 12 o'clock, and that the members be allowed pay for only three of the days intervening between to-day and the day herein indicated for the re-assembling of the Convention. Mr. BOND asked for a division on the question. The question was stated upon the second part of the order. Mr. JONES of Cecil demanded the yeas and nays, and they were ordered. pect to do by and by, if we have not already. I think it is proper to continue until to-morrow, and then the question may properly arise whether we shall adjourn over until Monday or Tuesday. the Convention will be accommodated by the adjournment, whereas if we adjourn to-day all the members of the Convention will be accommodated. Mr. VALLIANT. The arguments offered by the gentleman from Baltimore would certainly induce me to vote against the order which I have myself presented, if I had not every assurance that this Convention would, notwithstanding the force of those arguments, adjourn to-morrow; and if the Convention is to adjourn, I apprehend it will be better to Mr. STOCKBRIDGE. I had understood that adjourn to-day for the convenience of memit was very probable that either to-day or to-bers of the Convention. If we adjourn tomorrow reports from some committees would morrow, from the best information I can obbe made and laid before us. If these reports tain, not more than one-third or one-fourth of . had been made, and been passed into the printer's hands to be ready for us upon our re-assembling, I should not strenuously object to the adoption of this order; but if such reports are not made to-day, I hope we I am very much inclined to think that it is shall not adjourn over, but will meet and not right for members to receive pay for work give the committees the opportunity of pre- which they do not perform. I confess that in senting them to-morrow. If we adjourn at legislative bodies there is a precedent for it, this time, no reports having been made, then but there is no principle, with which I am at when we shall re-assemble next Wednesday the all familiar, of moral ethics to justify it. The reports will probably come in, and they will, Convention which assembled in 1850 adjourned have to lie over to be printed before they can at one time for three weeks, and the membe acted upon, and we shall have lost the intervening time. I hope therefore, unless some person speaking on behalf of some committee shall be able to say that their report will be made before our adjournment, that the order will not be adopted; and I would oppose adjourning to-morrow until some report has been made. bers of that body received in the neighborhood of $20,000 from the State Treasury for time which they occupied in attending to their own matters. The gentleman who last addressed the Convention pronounced this curtailment of the pay of the menbers a small business. It may be a small business, but it is a small business which the moral law will justify. The reception of $20,000 from the Treasury of the State for time which has not been given to the State is something which inoral science will not justify. We have precedent as well as the moral law to justify us in docking members for their absence from this Convention. Such was the custom, if my information is correct, in the old colonial Legislature, and I apprehend they understood what is right as well as we do. I do not think that Sunday ought to be deducted, for reasons which I consider it unnecessary to assign. I would remark that the $15 for the three days allowed, will pay members the amount of money they pay for their board during the five days the Convention is not sitting, and also the amount they expend in traveling from Annapolis to their homes and from their homes back again, with perhaps a few exceptions. I had inserted in I had inserted in the order two days," but at the suggestion of some gentlemen around me I made it "three days.' Mr. PURNELL. I do not desire to oppose an adjournment of this body, if it be the sense of the Convention to adjourn; but I wish to say in reference to the suggestion of the gentleman from Talbot (Mr. Valliant) that while I concur with him fully in the necessity of economy and in not allowing compensation for services which are not actually rendered, yet he does not seeem to me to take so comprehensive a view of this subject as the facts justify. So far as I am concerned, I am compelled from necessity to remain here, and I suppose other gentlemen are similarly situated. It seems to me the very refinement of cruelty to require us to remain here at our own expense when other gentleman in proximity to the capital can go home and remain with their families. This is a small matter, it is true; and I am willing to make personal or pecuniary sacrifice if it is right; but it seems to me unjust to deduct from me my per diem in consequence of the adjournment of the body, although I shall be here from day to day, every day during the deliberations of the Convention. concerned I shall not oppose it, whether there is a restriction or not with regard to the per diem. Mr. NEGLEY. I move to add the following: Provided, The hotel keepers and boardinghouse keepers of this ancient city of Annapolis will remit their charges for board of members during said recess. The PRESIDENT ruled the amendment out of order. Mr. BARRON. I think the latter branch of the order is out of order. The Convention bill says: "The compensation of the delegates to said Convention shall be $5 per day, and the mileage allowed to members of the General Assembly of this State." What is the use of our arguing here all day what our compensation shall be? I venture to say that when these debates go out before the people, and go to the different States of the Union, they will think that $5 a day is an emolument as large as a four horse government team. I have never heard in all my life so much talk as I have heard here about $5 per day; and I suppose there are not ten members of the body that cannot do better at home. Mr. SANDS. I do not suppose it is of any On motion of Mr. HEBB, On motion of Mr. HEBB, It was ordered to be entered on the Journal that Albert C. Greene is absent from his seat to-day in consequence of attendance upon his official duties as Director of the Chesapeake and Ohio Canal Company. Mr. THRUSTON asked to be excused from serving as a member of the Committee on Militia, being a member of three other committees; and was accordingly excused. Mr. ABBOTT submitted the following order: I think that much can be gained by keeping the Convention together, for the reason that if an adjournment occurs those members who wish to visit their homes will of course go, for that I suppose is the object of the adjourn ment, and consequently there can be no meeting of the committees, and no business can be matured, considered or deliberated upon preparatory to reports. Those members re-vention be requested to use all the power that maining here will have to spend their time in .the Library, or in their rooms, or in other places, wherever they can best while away the time. I am not disposed to object to adjournment if it is the sense of the Convention; but I think it would be exceedingly impolitic to adjourn before to-morrow. If it meets the views of the body to adjourn to-morrow over to Tuesday or to Wednesday, so far as I am is or may be vested in him to secure the at- On motion of Mr. JONES, of Somerset, Ordered, That the President of the Convention be requested to appoint two additional members on the Committee on Basis of Rep-appeal no member shall speak more than resentation, the Committee on the Legislative Department, and the Committee on Elective Franchise and Qualification of Voters. On motion of Mr. NYMAN, It was ordered to be entered on the Journal that Mr. Dellinger, of Washington county, is absent fron his seat to-day in attendance, at Washington city, on official business Mr. SNEARY submitted the following order: Ordered, That the Committee on the Tenure, Duties and Compensation of all civil officers not embraced in the duties of the standing committees, inquire into the expediency of abolishing the office of Commissioners of Public Works. Mr. CLARKE. That subject is already before the committee and it is under consideration whether the office should be abolished or should be modified in any way. I have no objection to the passage of the order. The order was agreed to. once, unless by leave of the Convention,} and he may vote on every question, except on an appeal from the decision of the chair on a question of order. Rule 4. The President shall examine and correct the Journal before it is read; he shall have a general direction of the Hall; he shall have a right to name, from time to time, any member to perform the duties of the Chair, but such substitution shall not extend beyond a term of days; he shall appoint all committees, unless otherwise directed by the Convention, Rule 5. No person shall be admitted within the bar of the Convention but members of the Executive and Judiciary Departments, members of the General Assembly, and such other persons as may be invited by the President. Rule 6. The President (or Chairman of the Committee of the Whole) may order the Mr. BERRY, of Baltimore county, read the Lobby to be cleared in case of disorder. following telegram : "BALTIMORE, May 12, 1864. To John Mc Garigle, Annapolis : Rule 1. The Convention shall not sit with closed doors, and in no case shall the Hall, ORDER OF BUSINESS. Sec. 2. The presentation and disposition of petitions, memorials or others papers. Sec. 3. Orders and resolutions. Sec. 7. Reports of Committees on their third reading. Sec. 8. Deferred or unfinished business. Rule 8 Petitions, memorials, orders, resolutions and other papers, when presented, must be endorsed with the name of the member by whom they are presented. Rule 9. All orders submitted to the Conwhere it may be holding its sittings, bevention (after being read) may be acted upon cleared of spectators, except in cases of dis-immediately, postponed or otherwise disposed order. of, as a majority of the members present may direct. THE DUTIES OF THE PRESIDENT. Rule 2. The President shall take the chair Rule 10. Any subject matter before the every day precisely at the hour to which the Convention awaiting consideration may, on Convention stands adjourned; shall immedi- motion, (if a majority of the Convention so ately call the members to order and after determine,) be fixed as the order of the day Divine service has been performed, on the ap-at such time as may be directed under the pearance of a quorum, shall cause the Journal of the preceding day to be read Rule 3. The President shall preserve decorum and order; may speak to points of order in preference to other members; shall decide questions of order, (unless the yeas and nays be required,) subject to an appeal to the House by any two members, (in which provisions of these Rules. Rule 11. All orders, resolutions and reports, or other matter, after being submitted to the Convention, (when not fixed for a day certain,) shall be rated under the head of "deferred or unfinished business," and shall come up for consideration in the order of time in which they were presented. |