Art. 6. That the right of the, people to participate in the Legislature is the best security of liberty and the foundation of all free Government; for this purpose elections ought to be free and frequent, and every free white male citizen having the qualifications prescribed by the Constitution ought to have the right of suffrage. Art. 7. That the legislative, executive and judicial powers of Government ought to be forever separate and distinct from each other, and no person exercising the functions of one of said departments shall assume or discharge the duties of any other. Art. 8. That no power of suspending laws or the execution of laws, unless by or derived from the Legislature, ought to be exercised or allowed. Art. 9. That freedom of speech and debate or proceedings in the Legislature ought not to be impeached in any court of judicature. Art. 10. That Annapolis be the place for the meeting of the Legislature, and the Legislature ought not to be convened or held at any other place but from evident necessity. Art. 11. That for the redress of grievances, and for amending, strengthening and preserving the laws, the Legislature ought to be frequently convened. Art. 12. That every man hath a right to petition the Legislature for the redress of grievances, in a peaceable and orderly manner. Art. 13. That no aid, charge, tax, burthen or fees ought to be rated or levied, under any pretence, without the consent of the Legisla ture. the land, and ought to have justice and right, freely without sale, fully without any denial, and speedily without delay, according to the law of the land. Art. 19. That the trial of facts where they arise is one of the greatest securities of the lives, liberties, and estate of the people. Art. 20. That in all criminal prosecutions every man hath a right to be informed of the accusation against him; to have a copy of the indictment or charge, in due time (if required) to prepare for his defence; to be allowed counsel; to be confronted with the witnesses against him; to have process for his witnesses; to examine the witnesses for and against him on oath; and to a speedy trial by an impartial jury, without whose unanimous consent he ought not to be found guilty. Art. 21. That no man ought to be compelled to give evidence against himself in a criminal case. Art. 22. That no man ought to be taken or imprisoned, or disseized of his freehold, liberties or privileges, or outlawed, or exiled, or in any manner destroyed, or deprived of his life, liberty or property, but by the judgment of his peers, or by the law of the land. Art. 23. That hereafter, in this State, there shall be neither slavery, nor involuntary servitude except in punishment of crime whereof the party shall have been duly convicted; and all persons held to service or labor as slaves are hereby declared free. Art. 24. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted by the courts of law. Art. 14. That the levying of taxes by the poll is grievous and oppressive, and ought to be abolished; that paupers ought not to be assessed for the support of the Government, but every other person in the State, or person holding property therein, ought to contribute his proportion of public taxes for the support of Government, according to his actual worth in real or personal property; yet fines, duties or taxes may properly and justly be imposed or laid on persons or property, with a politi-corruption of blood, or forfeiture of estate. cal view, for the good government and benefit of the community. Art. 25. That all warrants, without oath or affirmation, to search suspected places, or to seize any person or property, are grievous and oppressive; and all general warrants to search suspected places, or to apprehend suspected persons without naming or describing the place, or the person in special, are illegal, and ought not to be granted. Art. 15. That sanguinary laws ought to be avoided as far as it is consistent with the safety of the State; and no law to inflict cruel and unusual pains and penalties ought to be made in any case, or at any time hereafter. Art. 16. That retrospective laws, punishing acts committed before the existence of such laws, and by them only declared criminal, are oppressive, unjust and incompatible with liberty; wherefore, no ex post facto law ought to be made. Art. 17. That no law to attain particular persons of treason or felony ought to be made in any case, or at any time hereafter. Art. 18. That every man, for any injury done to him in his person or property, ought to have remedy by the course of the law of Art. 26. That no conviction shall work Art. 27. That a well regulated militia is the proper and natural defence of a free government. Art. 28. That standing armies are dangerous to liberty, and ought not to be raised or kept up without the consent of the Legislature. Art. 29. That in all cases, and at all times, the military ought to be under strict subordination to and control of the civil power. Art. 30. That no soldier shall in time of peace be quartered in any house without the consent of the owner, nor in time of war ex- · cept in the manner prescribed by law. Art. 31. That no person, except regular soldiers, mariners, and marines, in the service of this State, or militia when in actual service, ought in any case be subject to, or punishable by martial law. Art. 32. That the independency and uprightness of Judges are essential to the impartial administration of justice, and a great security to the rights and liberties of the people; wherefore the Judges shall not be removed, except for misbehavior on conviction in a court of law, or by the Governor, upon the address of the General Assembly; provided, that two-thirds of all the members of each House concur in such address. No Judge shall hold any other office, civil or military, or political trust or employment of any kind whatsoever, under the Constitution or Laws of this State, or of the United States, or any of them, or receive fees or perquisites of any kind for the discharge of his official duties. Art. 33. That a long continuance in the executive departments of power or trust is dangerous to liberty; a rotation, therefore, in those departments is one of the best securities of permanent freedom. Art. 34. That no person ought to hold at the same time more than one office of profit, created by the Constitution or Laws of this State; nor ought any person in public trust to receive any presents from any Foreign Prince, or State, or from the United States, or any of them, without the approbation of this State. Art. 35. That as it is the duty of every man to worship God in such manner as he thinks most acceptable to him, all persons are equally entitled to protection in their religious liberty; wherefore, no person ought by any law, to be molested in his person or estate, on account of his religious persuasion or profession, or for his religious practice, unless under the color of religion any man shall disturb the good order, peace, or safety of the State, or shall infringe the laws of morality, or injure others in their natural, civil or religious rights; nor ought any person to be compelled to frequent or maintain or contribute, unless on contract, to maintain any place of worship or any ministry; nor shall any person be deemed incompetent as a witness or juror, who believes in the existence of a God, and that under his dispensation such person will be held morally accountable for his acts, and be rewarded or punished therefor, either in this world or the world to come. Art. 36. That no other test or qualification ought to be required on admission to any office of trust or profit, than such oath of office as may be prescribed by this Constitution, or by the laws of the State, and a declaration of belief in the Christian religion; and if the party shall profess to be a Jew, the declaration shall be of his belief in a future state of rewards and punishments. of the Gospel as such, or any religious sect order or denomination; and every gift or sale of goods or chattels to go into succession, or to take place after the death of the seller or donor, to or for such support, use or benefit; and also every devise of goods or chattels, to or for the support, use or benefit of any minister, public teacher or preacher of the gospel, as such; or any religious sect, order or denomination, without the leave of the Legislature, shall be void; except always, any sale, gift, lease or devise of any quantity of land not exceeding five acres, for a church, meeting house or other house of worship, or parsonage, or for a burying ground, which shall be improved, enjoyed or used only for such purpose; or such sale, gift, lease or devise shall be void. Art. 38. That the manner of administering an oath or affirmation to any person, ought to be such as those of the religious persuasion, profession or denomination, of which he is a member, generally esteem the most effectual confirmation by the attestation of the Divine Bing. Art. 39. That the liberty of the press ought to be inviolably preserved. Art. 40. That monopolies are odious, contrary to the spirit of a free government and the principles of commerce, and ought not to be suffered. Art. 41. That no title of nobility or hereditary honors ought to be granted in this State. Art. 42. That the Legislature ought to encourage the diffusion of knowledge and virtue, the extension of a judicious system of general education, the promotion of literature, the arts, sciences, agriculture, commerce and manufactures, and the general melioration of the condition of the people. Art. 43. This enumeration of rights shall not be construed to impair or deny others retained by the people. Art. 44. That this Constitution shall not be altered, changed or abolished except in the. manner therein prescribed and directed. On motion of Mr. CUSHING, The report was ordered to be printed upon the Journal. Mr. STOCKBRIDGE moved that it also be printed in bill form. The motion was agreed to. Mr. CHAMBERS, from the minority of the Committee submitted the following report, which was read and ordered to be printed on the Journal: The undersigned, members of the Committee to consider and report upon the Declaration of Rights, not concurring with the majority of the Committee in all of the propositions they may submit, beg leave to report: That with regard to the proposed fourth Article of the Declaration of Rights, as reported by the majority, they are of opinion that how ever true is the proposition that the Constitution of the United States and the Laws made in pursuance thereof, are the Supreme Law of the land, yet it has never been deemed necessary by the statesmen who framed that Constitution. or by those who framed the Constitution of this State, or, in so far as the undersigned have learned, by the framers of any one of the numerous Constitutions of the other States, to insert amongst the rights and prerogatives of their citizens any language enforcing the obligation of allegiance to the Government of the United States. Nor do the undersigned perceive the necessity for a departure from the universal practice that has obtained in all the States, and which practice has been adhered to even in those instances where Constitutions have been framed in the midst of the existing civil war; or for the voluntary offering of allegiance to the Government, on an assumed condition of hostility in the legislation of the State to the Government of the United States. of course, prefer to be here when the subject is taken up. Mr. CHAMBERS. I am unwilling to ask of the Convention any favor personal to himself. My professional duties will require me to be absent a day or two next week. My present purpose is to be here on Thursday, but I have not a very clear foundation for expecting to be here at that time. I hope the Convention will not terminate the discussion of the question until I have an opportunity of hearing or of reading the arguments upon it. Mr. DANIEL. I hope the motion will prevail to make this the order of the day for Thursday. We are not likely to get through with it for several days. I wish all gentlemen who desire to be heard to have that opportunity. But if we postpone in consequence of the absence of one or two members to Friday or Monday, somebody else may then be absent. If it is found necessary, when the hour arrives on Thursday, we may then postpone the consideration of the order of the day. MISCELLANEOUS. The undersigned also dissent from the Mr. BELT. To save the necessity for further adoption of the 23d Article, as proposed in the discussion I will withdraw my opposition. majority report, believing it to contemplate a Mr. STIRLING. If upon Thursday next memsudden, violent and most mischievous destruc-bers of the committee are necessarily absent, I tion of the relation of master and slave, would not press the discussion but would which, commencing with the earliest history prefer that it should go over. I wish all my of the colony, has been maintained during colleagues upon the committee to be here all the intervening period, with the regular when it is discussed. But as the gentleman and progressive advancement of the State in may be present on Thursday I prefer not to all that is useful and honorable, and with a postpone it now beyond that time. conviction of its usefulness and propriety on The motion was agreed to. the part of our citizens, so deeply and universally felt, that they have carefully prohibited by their Constitutions, as well as that of 1776 as that of 1851, any interference with this relation, the rupture of which is now recommended by the majority of the Committee, without the slightest preparation on the part of either master or slave for the extreme change of condition so instantaneously precipitated upon them, inflicting upon each very serious and unnecessary injury and suffering, and particularly upon the slaves, and, in the absence of compensation, iniquitous and unjust in the On motion of Mr. DUVALL, Ordered, That the Chairman of the respective Standing Committees have placed in some conspicuous position in the Rotunda notices of the time and place of the meetings of their several Committees. Messrs. BLACKISTON, VALLIANT, and HOLLYDAY asked and obtained leave of absence for to-morrow. On motion of Mr. STOCKBRIDGE, TWELFTH DAY. FRIDAY, May 13th, 1864. The Convention met. Messrs. Goldsborough, President; Greene, ken, Dellinger, Nyman, Negley, Mayhugh, Davis of Washington, Sneary, Smith of Worcester, Purnell, Murray-63. The proceedings of yesterday were read. On motion of Mr. DAVIS, of Washington, Ordered, That the Committee on the Legislative Department inquire into the expediency of creating the office of Treasurer in the several counties of the State, and providing for the election of the same. Mr. HEBB submitted the following order: Ordered, That five folded copies of the Debates and Proceedings of this Convention be furnished to each member, daily. Mr. HEBB. I supposed that the original order adopted by the Convention embaced the Debates, but I find that it only embraced the Journal which we all see in the paper. It is much more important to send the Debates and Proceedings to our constituents, than the mere Journal; and I therefore offer this order. Mr. HENKLE. I would suggest to the gentleman to increase the number to ten. It is very important that we should send these debates to our constituents. Mr. HEBB accepted the amendment proposed. Mr. SANDS. I would move that the order extend back to the beginning of the session, but that I understand from the gentleman that the order is intended to embrace the time already past. Mr. RIDGELY I move to amend so that they shall be furnished "as printed" instead of "daily." It will be impracticable to furnish the Debates day by day as we receive the Journal. Mr. HEBB accepted this amendment also. Mr. DANIEL. I shall not oppose this order; but I think that if we take ten copies of the Debates it will be unnecessary to take the five extra copies of the Journal, and I shall move to rescind that order. Which was read. On motion of Mr. HEBB, The rules were suspended, the resolution read the second time, and passed-yeas 52; nays 9-as follows: Yeas-Messrs. Goldsborough, President; Greene, Hebb, Wickard, Robinette, Miller, Hatch, Kennard, Stockbridge, Stirling, Daniel, Abbott, Cushing, Thomas, Berry of Baltimore county, Ridgely, Parker, King, Smit of Carroll, Fcker, Swope, Wooden, Jones of Cecil, Earle, Scott, Pugh, Todd, Carter, Noble, Keefer, Schley, Markey, Annan, Baker, Cunningham, Schlosser. McComas. Hopper, Russell, Hopkins, Sands, Sykes, Mulliken, Dellinger, Nyman, Negley, Mayhugh, Davis of Washington, Sueary, Smith of Worcester, Purnell, Murray-52. Nays-Messrs. Harwoood, Henkle, Mitchell, Lansdale, Peter, Clarke, Belt, Marbury, Horsey-9. Mr. HARWOOD, when his name was called, asked to be excused from voting, which was refused, and he voted-No. Mr. HENKLE, when his name was called, said: If the resolution were divided I should have no hesitation in voting for one portion of it. That portion which expresses sympathy with the suffering I should certainly vote for; but I am a peace man, and have been from the beginning, and consequently I must vote-No. Mr. CLARKE, when his name was called, said: Before voting I have merely to say this, that I see in this morning's American,I do not know whether it is true or not-that a correspondent of the New York Times charges upon the Maryland troops in the fight -cowardice. If that charge be true, or until it is settled whether it is true or not, of course I should feel unwilling to vote for the resolution of thanks. I therefore ask to be excused from voting. Mr. HEBB. That will not interfere with The request was refused, and he voted-No. the adoption of this order. I think I under- Mr. BELT, when his name was called, said: stood the President to say that he had made I regret to see the manner in which this resoa contract with the printer for the five addi-lution is drawn. There is no one in the land tional copies of the Journal, but an arrangement can be made hereafter, I presume, to make a deduction if those additional copies of the Journal are not furnished. The PRESIDENT. There is a contract by which the printer furnishes the five extra copies of the Journal. The order as modified was adopted. THANKS TO MARYLAND SOLDIERS. Mr. STIRLING Submitted the following resolution: Resolved, That this Convention tenders the thanks of the State to the soldiers of Maryland in the army of General Grant, for the gallant manner in which they have behaved during the recent battles, and that this Convention expresses its deep sympathy with the families of the s ain, and for the wounded in their sufferings; that has deeeper sympathy with the families of the slain, or with those suffering from wounds received in the battle-field, than I. All those that suffer have my deep and heartfelt sympathy; and there is no man in Maryland that will go further to relieve them in every possible way. But the previous part of the resolution returns thanks for services rendered in the prosecution of the war without any qualification as to the principles upon which it is now conducted. I will personally suffer any extremity before I will ever by word or act in any way yield my assent, directly or indirectly, or by implication, to what may be considered to be an approval of that policy. I am therefore in the unpleasant position of voting--No Mr. MARBURY. The gentlemen who have spoken have so fully expressed my views, that I will only ask to be excused. The request was refused, and he voted-No. | I ask the indulgence of the Convention to excuse me from voting. I am personally in the category of the persons referred to in the order, and I prefer to avoid the semblance of impropriety. Mr. BERRY. I desire to ask the gentleman from Prince George's (Mr. Clarke) whether the American does not flatly deny the charge made by the Times' correspondent, in the same paper from which he has read. Mr. CLARKE. I am ready to answer the gentleman, if it is in order. The PRESIDENT. Debate is not in order. CIVIL OFFICERS. The request was granted. Mr. HEBB submitted the following order: Ordered, That the Committee on such Provisions and Ordinances as may be desirable to carry into effect amendments to the Constitution, inquire into the expediency of engraft ing, on the taking effect of the new Constitution, all officers thereby continued in office, before proceeding in the further discharge of their duties, to take the same oath or affirma tion as required of officers appointed or elected under it. Mr. KING submitted the following order: Ordered, That the committee to considering upon the Constitution a provision requirand report respecting the Appointment, Tenure of Office, Duties and Compensation of all Civil Officers, inquire into the expediency of introducing a section in the new Constitution securing, to all persons who have been elected by the people to any office within the State, to hold the same unimpaired during the term for which they were elected. Mr. STIRLING. What is it intended to do with reference to those offices which may be abolished in the Constitution? We have already directed this committee to consider the expediency of abolishing the office of Commissioners of Public Works. The two propositions are inconsistent, it seems to me. If the gentleman will amend this so as to except those offices which are altered or abolished by the new Constitution, I should have no objection to it. Mr. DANIEL. It seems to me that a question like that will come in conflict with almost every committee appointed here, except the Committee on the Declaration of Rights. Almost every committee has under its charge the tenure of some office; and it seems to me that it would be competent for each to recommend what shall be the disposition made of the particular offices entrusted to it. This seems to me to interfere with the proper department of other committees, and therefore to be improper; and consequently I shall vote against it. Mr. MILLER demanded the yeas and nays, and they were ordered. The question being taken the result wasyeas 29; nays 32-as follows: Yeas--Messrs. Goldsborough, President; Miller, Harwood, Henkle, Kennard, Stockbridge, Cushing, Thomas, Berry of Baltimore county, Ridgely, King, Smith of Carroll, Jones of Cecil, Earle, Scott, Edelen, Mitchell, Todd, Carter, Baker, Lansdale, Peter, Clarke, Marbury, Horsey, Negley, Smith of Worcester, Purnell, Murray-29. Nays-Messrs. Greene, Hebb, Wickard, Robinette, Hatch, Stirling, Daniel, Abbott, Parker, Ecker, Swope, Wooden, Pugh, Noble, Keefer, Schley, Markey, Annan, Cunningham, Schlosser, McComas, Hopper, Russell, Hopkins, Sands, Sykes, Mulliken, Dellinger, Nyman, Mayhugh, Davis of Washington, Sneary-32. So the order was rejected. Mr. BELT, when his name was called, said: Mr. LANSDALE. It seems to me that we labor under great uncertainty in voting for a provision of that kind. This Constitution has not been prepared, and we do not know what oath will be required by the new Constitution. It seems to me that we should be voting upon the subject in the dark, and therefore I should be compelled to vote-no. I move to lay the order upon the table, until we can know what oath will be adopted by the new Constitution. The motion did not prevail. Mr. HEBB. I think the gentleman misapprehends the purport of the order. It only instructs the committee to inquire into the expediency of such a provision. I see no reason why any person holding an office under the new Constitution should not be required to take the oath required by the new Constitu tion. Mr. LANSDALE. I misapprehended the order. Mr. CLARKE. If this Constitution should be adopted, and the present Constitution changed, would it not follow that any one holding office under the new Constitution must necessarily take the oath under that Constitution? I think the order is entirely unnecessary; for if he did not take the oath he would be acting without authority. Mr. HEBB. I should think if he was in the office at the time the new Constitution goes into operation, he would not be required to take the oath, but could continue to hold the office without taking an additional oath. Mr. STIRLING. The Governor in office at the time the present Constitution went into operation, was continued in office without being required to take any additional oath; so that it does not by any means follow from the adoption of a new Constitution that an officer continuing to hold his position would be required to re-qualify himself; and therefore I think it would be perfectly proper to provide that anybody continued in office should stand upon the same footing and abide by the same rules as others holding office under the Constitution. Mr. CLARKE. I have not examined it, but |