THE O F THE CONSTITUTIONAL CONVENTION OF THE STATE OF MARYLAND, Assembled at the City of Annapolis, Wednesday, April 27, 1864: BEING A FULL AND COMPLETE REPORT OF THE DEBATES AND PROCEEDINGS OF THE CONVENTION, TOGETHER WITH THE OLD CONSTITUTION, THE LAW UNDER WHICH THE CONVENTION ASSEMBLED, AND THE. NEW CONSTITUTION. OFFICIAL: WA. BLAIR LORD, REPORTER —HENRY M. PARKHURST, ASSISTANT. IV O L3 M TT Mi I ANNAPOLIS: PPtINTED BY RICHARD P. BAYLY. MD CC LXIV. A LIST OF Elected under the Provisions of the.ct of the General Assembly of January Session 1864, ch. 5. Allegany County-Albert C. Greene, Hope- rick Schley, David J. Markey, Andrew Anwell Hebb, Jas:,,er Robinette, George A. nan, Henry Baker, B. A. Cunningham, Peter Thruston, Jacob Wickard. G. Schlosser. Anne Arundel County-William B. Bond, Ilarford County-John A. Hopper, William Eli J. Henkle, Oliver Miller, Sprigg Bar- Galloway, George M. McComas, Thomas wood. Russell. Baltimore County-John S. Berry, James iloward County-Joel Hopkins, George W. L. Ridgely, William H. Hoffman, Edwin L. Sands, James Sykes. Parker, David King, William H. Mace, Silas Kent County —Ezekiel F. Chambers, David Larsh. C. Blackiston, George S. HoIliday. Baltimore Citmy-Samuel T. Hatch, Joseph Montgomery county-Edmund P. Duvall, H. Audoun, Henry Stockbridge, William Thomas Lansdale, George Peter. Brooks, John Barron, Joseph M. Cushing, Prince George's County-Daniel Clarke, John L. Thomas, Jr., Baltis H. Kennard, Samuel H. Berry, Edward W. Belt, Fendall Edwin A. Abbott, Archibald Stirling, Jr., Marbury. William Daniel. Queen Anne's county-John Lee, Pere Wilcalvert County-James T. Briscoe, John mer, John Brown. Turner, Charles S. Parran. Saint MIary' s County-Chapman Billingsley, Caroline County-Robert W. Todd, James John F. Dent, George W. Morgan. D. Carter, Twiford S. Noble. Somerset County-Isaac D. Jones, James U. Carroll County-John E. Smith, Jonas Dennis, William H. Gale, Andrew J. CrawEcker, John Swope, William-S. Wooden. ford, John C. Horsey. Cecil County-Thomas P. Jones, George Talbot County-Henry H. Goldsborough, Earle, Joseph B. Pugh, David Scott. James Valliant, John W. Mullikin. Charles County-John W. Mitchell, Rich- Washington County-Peter Negley, Henry ard H. Edelen, Peregrine Davis. W. Dellinger, James P. Mayhugh, John R. Dorchester County-Thomas J. Hodson, Sneary, Lewis B. Nyman, Joseph F. Davis. Alward Johnson, Washington A. Smith, Worcester County-William T. Purnell, Thomas J. Dail. Thomas B. Smith, William H. W. Farrow, Frederick County-Samuel Keefer, Frede- Francis T. Murray. President................................ HENRY H. GOLDSBOROUGH, of Talbot Co. Secretary....................................WM. R. COLE Assistant Secretary..................JOHN H. SHAW. Revising Clerk........................... JOHN NMcGARIGLE. Committee Clerks..........WM. R. McCULLEY, THOMAS TIPTON, GEGRGE JOHNSON, S. C. GORRELL. Postmasters........................ A. J. LONGSDORF, WM. DENNY. Sergeant-at-Arms.....................ALFRED D. EVANS. Folders.......................COLLINS TATAMAN,. CHARLES COLLINS. 2pages..CALEB PARKER, CHARLES O. ISAACS,. kgeees............... - J. A. J. MEDC.ALF, M. DODSON. Doorkeepers.............................. MOSES ANDERS, CHARLES WHITTEMORE. THE CONSTITUTION OF MARYLAND, ADOPTED BY THE CONVENTION OF 1850. DECLARATION OF RIGHTS. We, the People of the State of Maryland, grate- people may, and of right ought to reform the ful to Almighty God for our civil and reli- old or establish a new government. The gious liberty, and taking into our serious con- doctrine of non-resistance. against arbitrary sideration the best means of establishing a power and oppression is absurd, slavish and good Constitution in this State, for the sure destructive of the good and happiness of manfoundation and more permanent security kind. thereof, declare: ART. 5. That the right of the people to parARTICLE 1. That all government of right ticipate in the legislature is the best security originates from the people, is founded in of liberty, and the foundation of all free govcompact only, and instituted solely for the ernment; for this purpose elections ought to good of the whole; and they have at all be free and frequent, and every free white times, according to the mode prescribed in male citizen having the qualifications pre. this Constitution, the unalienable right to scribed by the Constitution, ought to have alter, reform, or abolish their form of govern- the right of suffrage. ment, in such manner as they may deem ex- ART. 6. That the legislative, executive and pedient. judicial powers of, governmrent ought to be ART. 2. That the people of this State ought forever separate and distinct from each other;; to have the sole and exclusive right of regu- and no person exercising the functions of one lating the internal government and police of said departments, shall assume or discharge thereof, the duties of any other. ART. 3. That the inhabitants of Maryland ART. 7. That no power of suspending laws, are entitled to the common law of England, or the execution of laws, unless by or derived and the trial by jury according to the course from the legislature, ought to be exercised or of that law, and to the benefit of such of the allowed. English statutes as existed on the fourth day ART. 8. That fieedom of speech and debate of July, seventeen hundred and seventy-six, or proceedings in the legislature, ought not to and which, by experience, have been found be impeached in any court of judicature. applicable to their local and other circum- ART. 9. That Annapolis be the place for stances, and have been introduced, used and the meeting of the legislature; and the legispracticed by the courts of law or equity, and lature ought not to be convened or held at also of all acts of assembly In force on the any other place but from evident necessity. first Monday of November, eighteen hundred ART. 10. That for the redress of grievances, and fifty, except such as may have since ex- and for amending, strengthening and preservpired, or may be altered by this Constitution, ing the laws, the legislature ought to be fresubject, nevertheless, to the revision of, and quently convened. amendment or repeal by the legislature of this ART. 11. That every man hath a right to State; and the inhabitants of Maryland are petition the legislature for the redress of grievalso entitled to all property derived to them ahces in a peaceable and orderly manner. from or under the charter granted by his ART. 12. That no aid, charge, tax, burden, Majesty Charles the First, to Coecilius Calvert, or fees, ought to be rated or levied, under Baron of Baltimore.'any pretence, without the consent of the legART. 4. That all persons invested with the islature. legislative or executive powers of government, ART. 13. That the levying of taxes by the are the trustees of the public, and as such ac- poll is grievous and oppressive, and ought to countable for their conduct; wherefore, when- be abolished; that paupers ought not to be ever the ends of government are perverted, assessed for the support of government, but and public liberty manifestly endangered, and every other person in the State, or person all other means of redress are ineffectual, the holding property therein, ought to contribute 6 his proportion of public taxes, for the support or affirmation, to search suspected places, or of government, according to his actual worth to seize any person or property, are grievous in real or personal property; yet fines, duties, and oppressive; and all general warrants to or taxes may properly and justly be imposed search suspected places, or to apprehend susor laid, on persons or property, with a politi- pected persons, without naming or describing cal view, for the good government and benefit the place, or the person in special, are illegal, of the community. and ought not to be granted. ART. 14. That sanguinary laws ought to ART. 24. That no conviction shall work be avoided as far as is consistent with the corruption of blood, or forfeiture of estate. safety of the State; and no law to inflict cruel ART. 25. That a well regulated militia is and unusual pains and penalties ought to be the proper and,natural defence of a free govmade in any case, or at any time hereafter. ernment. ART. 15. That retrospective laws, punish- ART. 26. That standing armies are dangering acts committed before the existence of such ous to liberty, and ought not to be raised or laws, and by them only declared criminal, are kept up without consent of the legislature. oppressive, unjust and incompatible with lib- ART. 27. That in all cases and at all times erty; wherefore, no ex post facto law ought the military ought to be under strict suborto be made. dination to, and control of, the civil power. ART. 16. That no law to attaint particular ART. 28. That no soldier ought to be quarpersons of treason or felony, ought to be made tered in any house in time of peace without in any case, or at any time hereafter. the consent of the owner, and in time of war ART. 17. That every free white man, for any in such manner only as the legislature shall injury done to him in his person or property, direct. ought to have remedy by the course of the ART. 29. That no person, except regular law of the land, and ought to have justice and soldiers, mariners, and marines, in the service right, freely without sale, fully without any of this State, or militia when in actual serdenial, and speedily without delay, according vice, ought in any case to be subject to, or to the law of the land. punishable by, martial law. ART. 18. That the trial of facts where they ART. 30. That the independency and uparise, is one of the greatest securities of the rightness of judges are essential to the imparlives, liberties, and estate of the people. tial administration of justice, and a great seART. 19. That in all criminal prosecutions, curity to the rights and liberties of the peoevery man hath a right to be informed of the ple; wherefore the judges shall not be reaccusation against him; to have a copy of moved, except for misbehavior, on convicthe indictment or charge, in due time (if re- tion in a court of law, or by the Governor, quired) to prepare for his defence; to be upon the address of the general assembly allowed counsel; to be confronted with the provided, that- two-thirds of all the members witnesses against him; to have process for of each house concur in such address. No his witnesses; to examine the witnesses for judge shall hold any other office, civil or miland against him on oath; and to a speedy itary, or political trust or employment of any trial by an impartial jury, without whose kind whatsoever, under the Constitution or unanimous consent he ought not to be found laws of this State, or of the United States, or guilty. any of them, or receive fees or perquisites of ART. 20. That no man ought to be com- any kind for the discharge of his official pelled to give evidence against himself in a duties. court of common law, or in any other court, ART. 31. That a long continuance in the but in such cases as have been usually prac- executive departments of power or trust is ticed in this State, or may hereafter be directed dangerous to liberty; a rotation, therefore, in by the legislature. those departments is one of the best securities ART. 21. That no free man ought to be of permanent freedom. taken or imprisoned, or disseized of his free- ART. 32. That no person ought to hold at hold, liberties or privileges, or outlawed, or the same time more than one office of profit, exiled, or in any manner destroyed, or de- created by the Constitution or laws of this prived of his life, liberty or property, but by State; nor ought any person in public trust the judgmentof his peers, or by the law of to receive any present from any foreign prince, the land; provided, that nothing in this arti- or State, or from the United States, or any of cle shall be so construed as to prevent the them, without the approbation of this State. legislature from passing all such laws for the. ART. 33. That as it is the duty of every government, regulation and disposition of the man to worship God in such manner as he free colored population of this State as they thinks most acceptable to Him, all persons are may deem necessary. equally entitled to protection in their religious ART. 22. That excessive bail ought not to liberty, wherefore, no person ought, by any be required, nor excessive fines imposed, nor law, to be molested in his person or estate, on cruel or unusual punishment inflicted by the account of his religious persuasion or profescourts of law. sion, or for his religious practice, unless under ART. 23. That all warrants, without oath, color of religion any man shall disturb the 7 good order, peace, or safety of the State, or land, not exceeding five acres, for a church, shall infringe the laws of morality, or injure meeting house or other house of worship, or others in their natural, civil, or religious parsonage, or for a burying ground, which rights; nor ought any person to be compelled shall be improved, enjoyed or used only for to frequent or maintain or contribute, unless such purpose; or such sale, gift, lease or deon contract, to maintain any place of worship vise shall be void. or any ministry; nor shall any person be ART. 36. That the manner of administering deemed incompetent as a witness or juror who an oath or affirmation to any person, ought believes in the existence of a God, and that to be such as those of the religious persuasion, under his dispensation such person will be profession or denomination of which he is a held morally accountable for his acts, and be member, generally esteem the most effectual rewarded or punished therefor, either in this confirmation by the attestation of the Divine world or the world to come. Being. ART. 34. That no other test or qualification ART. 37. That the city of Annapolis ought ought to be required, on admission to any to have all its rights, privileges and benefits, office of trust or profit, than such oath of office agreeably to its charter, and the acts of assemas may be prescribed by this Constitution, or bly confirming and regulating the same; subby the laws of the State, and a declaration of ject to such alterations as have been or as may belief in the Christian religion; and if the be made by the legislature. party shall profess to be a Jew, the declara- ARn. 38. That the liberty of the press tion shall be of his belief in a future state of ought to be inviolably preserved. rewards and punishments. ART. 39. That monopolies are odious, conART. 35. That every gift, sale or devise of trary to the spirit of a free government and land, to any minister, public teacher or the principles of commerce, and ought not to preacher of the gospel, as such, or to any re- be suffered. ligious sect, order or denomination, or to or ART. 40. That no title of nobility or heredifor the support, use or benefit of, or in trust tary honors ought to be granted in this State. for any minister, public teacher, or preacher AnT. 41. That the legislature ought to enof the gospel, as such, or any religious sect, courage the diffusion of knowledge and virtue, order or denomination, and every gift or sale the promotion of literature, the arts, sciences, of goods or chattels to go in succession, or to agriculture, commerce and manufactures, and take place after the death of the seller or the general melioration of the condition of donor, to or for such support, use or benefit; the people. and, also, every devise of goods or chattels, ART. 42. This enumeration of rights shall to or for the support, use or benefit of any not be construed to impair or deny others reminister, public teacher or preacher of the gos- tained by the people. pel, as such; or any religious sect, order or ART. 43. That this Constitution shall not denomination, without the leave of the legis- be altered, changed or abolished, except in lature, shall be void; except always, any the manner therein prescribed and directed. sale, gift, lease or devise of any quantity of C ONS TIT TI ON ARTICLE I. of congressmen, senator, delegate, or other ELECTIVE FRANCHISE. officer or officers, then to entitle a person to vote for such officer, he must have been a resiSECTION 1. Every free white male person, dent of that part of the county or city which of twenty-one years of age or upwards, who shall form a part of the electoral district in shall have been one year next preceding the which he offers to vote, for six months next election a resident of the State, and for six preceding the election; but a person who shall months a resident of the city of Baltimore, or have acquired a residence in such county or of any county in which he may offer to vote, city entitling him to vote at any such election, and being at the timne of the election a citizen shall be entitled to vote in the election district of the United States, shall be entitled to vote from which he removed, until he shall have in the ward or election district in which he acquired a residence in the part of the county resides, in all elections hereafter to be held; or city to which he has removed. and at all such elections the vote shall be SEC. 2. That if any person shall give, or taken by ballot. And in case any county offer to give, directly or indirectly, any bribe, or city shall be so divided as to form portions present or reward, or any promise, or any of different electoral districts for the election security for the payment or delivery of money 8 or any other thing, to induce any voter to re- appointment shall be made as in case of refrain from casting his vote, or forcibly to pre- fusal or resignation, and any person swearing vent him in any way from voting, or to ob- or affirming falsely in the premises, shall, on tain or procure a vote for any candidate or conviction thereof in a court of law, incur the person proposed or voted for, as elector of penalties for wilful and corrupt perjury, and President and Vice-President of the United be thereafter, incapable of voting at any elecStates, or representative in Congress, or for tion, and also incapable of holding any office any office of profit or trust created by the of profit or trust in this State. Constitution or laws of this State, or bv the SEc. 5. That no person above the age of ordinances or authority of the mayor and twenty-one years, convicted of larcenr or city council of Baltimore, the person giving other infamous crime, unless he shall be paror offering to give, and the person receiving doned by the executive, shall ever thereafter the same, and any person who gives or causes be entitled to vote at any election in this to be given an illegal vote, knowing it to be State, and no person under guardianship as a so, at any election to be hereafter held in this lunatic, or as a person non compos mentis, State, shall, on conviction in a court of law, shall be entitled to vote. in addition to the penalties now or hereafter ARTICLE II. to be imposed by law, be forever disqualified to hold any office of profit or trust, or to vote EXECUTIVE DEPARTMENT. at any election thereafter. SECTION 1. The executive power of the SEC. 3. It shall be the duty of the general State shall be vested in a Governor, whose assembly of Maryland to pass laws to punish term of office shall commence on the second with fine and imprisonment any person who Wednesday of January next ensuing his elecshall remove into any election district or ward tion, and continue for four years, and until of the city of Baltimore, not for the purpose his successor shall have qualified. of acquiring a bona fide residence therein, but SEC. 2. The first election for Governor unfor the purpose of voting, therein at an ap- der this Constitution shall be held on the first proachiing election, or who shall vote in any Wednesday of November, in the year eighteen election district or ward in which he does not hundred and fifty-three, and on the same day reside, (except in the case provided for in the and month in every fourth year thereafter, at first article of the Constitution, ) or shall, at the places of voting for delegates to the general the same election, vote in more than one elec- assembly, and every person qualified to vote tion district or ward, or shall vote or offer to for delegates shall be qualified and entitled to vote, in any name not his own, or in place of vote for Governor; the election to be held in any other person of the same name, or shall the same manner as the election of delegates, vote in any county in which he does not and the returns thereof; under seal, to be adreside. dressed to the speaker of the house of deleSEC. 4. Every person elected or appointed gates, and enclosed and transmitted to the to any office of profit or trust under the Con- Secretary of State, and delivered to the said stitution or laws made pursuant thereto, be- speaker at the commencement of the session of fore he shall enter upon the duties of such the legislature next ensuing said election.. office shall take and subscribe the following 6Ec. 3. The speaker of the house of deleoath or affirmation: I, A. B., do swear (or gates shall then open the said returns in the affirm, as the case may be,) that I will sup- presence of both houses, and the person havyport the Constitution of the United States, ing the highest number of votes, and being and that I will be faithful and bear true alle- constitutionally eligible, shall be the Governgiance to the State of Maryland, and support or, and shall quality in the manner herein the Constitution and laws thereof; that I will prescribed, on the second Wednesday of Januto the best of my skill and judgment diligently ary next ensuing his election, or as soon thereand faithfully, without partiality or prejudice, alter as may be practicable. execute the office of - according to the SEC. 4. If two or more persons shall have Constitution and laws ot this State, and that the highest and an equal number of votes, one since the adoption of the present Constitution, of them shall be chosen Govetnor by the senI have not, in any manner, violated the pro- ate and house of delegates; and all questions visions thereof in relation to bribery of voters in relation to the eligibility of Governor, and or preventing legal or procuring illegal votes to the returns of said election, and to the to be given; (and if a governor, senator, number and legality of votes therein given, member of the house of delegates, or judge,) shall be determined by the house of delegates. "that I will not directly or indirectly receive And if the person, or persons, having the the profits or any part of the profits of any highest number of votes. be ineligible, the other office during the time of my acting as Governor shall be chosen by the senate and " And if any person elected or ap- house of delegates. Every election of Govpointed to office'as aforesaid, shall refuse or ernor, by the legislature, shall be determined neglect to take the said oath or affirmation, by a joint majority of the senate and house of he shall be considered as having refused to delegates, and the vote shall be taken viva accept. the said office, and a new election or voce. But if two or more person's shall have 9 the highest and an equal number of votes, the command in person without the consent then a second vote shall be taken, which shall of the legislature. be confined to the persons having an equal SEc. 10. He shall take care that the laws number; and if the votes should again be be faithfully executed. equal, then the election of Governor shall be SEC. II11. He shall nominate, and by and determined by lot between those who shall with the advice and consent of the senate, aphave the highest and an equal number on the point all civil and military officers of the State, first vote. whose appointment or election is not otherSEc. 5. The State shall be divided into wise herein provided for, unless a different three districts; St. Mary's, Charles, Calvert, mode of appointment be prescribed by the law Prince Georie's, Anne Arundel, Montgomery, creating the office. and Howard counties, and the city of Balti- SEc. 12. In case of any vacancy during the more, to be the first; the eight counties of recess of the senate, in any office which the the Eastern Shore to be the second; and Bal- Governor has power to fill, he shall appoint timore, Harford, Frederick, Washington, Al- some suitable person to said office, whose legany and Carroll counties, to be the third. commission shall continue in force till the The Governor, elected from the third district end of the next session of the legislature, or in October last, shall continue in office during till some other person is appointed to the the ternm for which he was e ected. The Gov- same office, which ever shall first occur, and ernor shall be token from the first district, at the nomination of the person thus appointed the first election of Governor under this Con- during the recess, or of some other person in stitution; from the second district at the sec- his place, shall be made to the senate within ond election, and from the third district at thirty days after the next meeting of the legthe third election, and in like manner, after- islature. wards, from each district, in regular suc- SEC. 13. No person, after being rejected by cession. the senate, shall be again nominated for the SEa. 6. A person to be eligible to the office same office at the same session, unless at the of Governor, must have attained the age of request of the senate; or be appointed to the thirty years, and been for five years a citizen samle office dulring the recess of the legislature. of the United States, and- for five years next SEc. 14. All civil officers appointed by the preceding his election a resident of the State, Governor and senate, shall be nominated to and for three years a resident of the district the senate within fifty days from the comfrom which lie was elected. mencement of' each regular session of the legSEC. 7. In case of the death or resignation islature; and their term of office shall comof the Governor, or of his removal from the mrencee on the first Monday of May next ensuState, the general assemtly, if in session, or ing their appointment, and continue for two if not, at their next session, shall elect some ye rs (unless sooner removed from office) and other qualified resident of the same district, until their successors, respectively, qualify to be the Governor for the residue of the term accorlingi to law. for which the said Governor had been elected. SEC. 15. The Governor may suspend or SEC. 8. In case of any vacancy in the office arrest any military officer of the Stale, for of Governor during the recess of the legisla- disobedience of orders, or other military ture, the president of the senate shall dis- offence, and may remove him in pursuance of charge the duties of said office till a Governor the sa ntence of a court-martial; ard may reis elected as herein provided for; and in case move for incompetency or misconduct, all of the death or resignation of said President, civil officers who receive appointments from or of his removal from the State, or of his the executive for a term not exceeding two refusal to serve, then the duties of said office years. shall, in 1 ke manner, and for the same inter- SEc. 16. The Governor may convene the val, devolve upon the speaker of the house of legislature, or the senate alone, on extraordidelegates, and the legislature may provide by nary occasions; and whenever, from the law for the case of impeachment or inability presence of an enemy or from any other cause, of the Governor, and declare what person the seat ot' government shall become an unsafe shall perform the executive duties during such place for the meeting of the legislature, he impeachment or inability; and for any va- may direct their sessions to be held at some cancy in said office, not herein provided for, other convenient place. provision may be made by law, and if such S;c. 17. It shall be the duty of the Govvacancy should occur without such provision ernor semi-annually, and oftener if he deem being made, the legislature shall be convened it expedient, to examine the bank-book, acby the Secretary of State for the purpose of count books, and official proceedings of the filling said vacancy. treasurer and comptroller of the State. SEc. 9. The Governor shall be commander- SEc. i18. He shall, fiom time to time, in-chief of the land and naval forces of; the inform the legislature of the condition of the State, and may call out the militia to repel State, and recommend to their consideration invasions, suppress insurrections, and enforce such measures as he may ju:,lge necessatry and the execution of the laws; but shall not take expedient. SEC. 19. I-e shall have power to grant re- nor shall the whole number of delegates ever prieves and pardons, except in cases of im- exceed eighty, or be less than sixty-five; and peachment, and in cases in which he is pro- until the apportionment is made under the hibited by other articles of this Constitution, census of eighteen hundred and sixty, St. and to remit fines and forfeitures for offences Mary's county shall be entitled to two deleagainst the State; but shall not remit the gates; Kent, two; Anne Arundel, three; principal or interest of any debt due to the Calvert, two; Charles, two; Baltimore county, State, except in cases of fines and forfeitures.; six; Talbot, two; Somerset, four; Dorchester, and before granting a nolle prosequi, or par- three; Cecil, three; Prince George's, three; don, he shall give notice, in one or more Queen Anne's, two; Worcester, three; Frednewspapers, of the application made for it, erick, six; Harford, three; Caroline, two; and of the day on or after which his decision Baltimore city, ten; Washington, five; Montwill be given; arid in every case in which he gomery, two; Allegany, four; Carroll, threes exercises this power, he shall report to either and Howard, two. branch of the legislature, whenever required, SEc. 4. The members of the house of delethe petitions, recommendations and reasons gates shall be elected by the qualified voters which influence his decision. of the counties and city of Baltimore respecSzc. 20. The Governor shall reside at the tively, to serve for two years from the day of seat of government, and shall receive for his their election. services an annual salary of thirty-six hun- SEC. 5. The first election for delegates shall dred dollars. take place on the first Wednesday of NovemSEC. 21. When the public interest requires ber, eighteen hundred and fifty-one; and the it, he shall have power to employ counsel, elections for delegates, and for one-half of the who shall be entitled to such compensation as senators, as nearly as practicable, shall be the legislature may allow in each case after held on the same day in every second year the services of such counsel shall have been thereafter, but an election for senators shall performed. be held in the year eighteen hundred and SEC. 22. A Secretary of State shall be ap- fifty-one, in Howard county, and all those pointed by the Governor, by and with the counties in which senators were elected in the advice and consent of the senate, who shall year eighteen hundred and forty-six. continue in office, unless sooner removed by SEC. 6. Immediately after the senate shall the Governor, till the end of the official term have convened after the first election under of the Governor from whom he received his this Constitution, the senators shall bedivided, appointment, and shall receive an annual by lot, into two classes, as nearly equal in salary of one thousand dollars. - number as may be-the senators of the first SEc. 23. He shall carefully keep and pre- class shall go out of office at the expiration of serve a record of all official acts an/ proceed- two years, and senators shall be elected on ings, (which may, at all times, be inspected the first Wednesday of November, eighteen by a committee of either branch of the legis- hundred and fifty-three, for the term of four lature,) and shall perform such other duties years, to supply their places; so that, after as may be prescribed by law, or as may prop- the first election, one-half of the senators erly belong to his office. may be chosen every second year; provided, ARTICLE IlI. that in no case shall any senator be placed in a class which shall entitle him to serve for a LEGISLATIVE DEPARTMENT. longer term than that for which he was'SECTIoN 1. The legislature shall consist of elected. In case the number of senators be two distinct branches, a senate and a house hereafter increased, such classification of the of delegates, which shall be styled " The additional senators shall be made as to preGeneral Assembly of Maryland." serve as nearly as may be an equal number in SEC. 2. Every county of the State, and the each class. city of Baltimore, shall be entitled to elect SEC. 7. The general assembly shall meet on one senator, who shall be elected by the qual- the first Wednesday of January, eighteen hunified voters of the counties and city-of Balti- dred and fifty-two, on the same day in the more, respectively, and,who shall serve for year eighteen hundred and fifty-three, and four years from the day of their election. on the same day in the year eighteen hundred SEC. 3. The legislature at its first session and fifty-four, and on the same day in every after the returns of the national census of second year thereafter, and at no other time eighteen hundred and sixty are published, and unless convened by the proclamation of the in like manner after each subsequent census, Governor. shall apportion the members of the house of SEC. 8. The general assembly may continue delegates among the several counties of the their first two sessions after the adoption of State, according to the population of each, this Constitution, as long as, in the opinion and shall always allow to the city of Balti- of the two houses, the public interests may more four more delegates than are allowed to require it, but all subsequent regular sessions the Pmost populous -cotfuty, but no county of the general assembly shall be closed on the shall be entitled Ito less than two members, tenth day of March next ensuing the time of 11 their commencement, unless the same shall bly of Maryland," and all laws shall be passed be closed at an earlier day by the agreement by original bill, and every law enacted by the of the two houses. legislature shall embrace but one subject, and SEC. 9. No person shall be eligible as a sen- that shall be described in the title, and no law ator or delegate who, at the time of his elec- or section of law shall be revived, amended tion, is not a citizen of the United States, or repealed by reference to its title or section and who has not resided at least three years only; and it shall be. the duty of the legislanext preceding the day of his election in this ture, at the first session after the adoption of State, and the last year thereof in the county this constitution, to appoint two commissioners or city which he may be chosen to represent, learned in the law, to revise and codify the if such county or city shall have been so long laws of this State; and the said commissioners established, and if not, then in the county shall report the said code, so formed, to the from which, in whole or in part, the same legislature, within a time to be by it determay have been formed; nor shall any person mined for its approval, amendment, or rejecbe eligible as a senator unless he shall have tion; and, if adopted after the revision and attained the age of twenty-five years, nor as codification of the said laws, it shall be the a delegate unless he shall have attained the duty of the legislature, in amending any artiage of twenty-one years at the time of his cle or section thereof, to enact the same as the election. said article or section would read when SEc. 10. No member of Congress, or per- amended. And whenever the legislature shall sons holding any civil or military office under enact any public general law, not amendatory the United States, shall be eligible as a senator of any section or article in the said code, it or delegate; and if any person shall, after his shall be the duty of the legislature to enact election as a senator or delegate, be elected-to the same in articles and sections, in the same Congress, Or be appointed to any office, civil manner as the said code may be arranged; or military, under the government of the and to provide for the publication of all addiUnited States, his acceptance thereof shall tions and alterations which may be made to vacate his seat. the said code, and it shall also be the duty of SEC. 11. No minister or preacher of the the legislature to appoint one or more commisgospel, of any denomination, and no person sioners learned in the law, whose duty it shall holding any civil office of profit or trust under be to revise, simplify, and abridge the rules this State, except justices of the peace, shall of practice, pleadings, forms of conveyancing, be eligible as senator or delegate. and proceedings of the courts of record, in SEa. 12. Each house shall be judge of the this State. qualifications and elections of its members, SEC. 18. Any bill may originate in either subject to the laws of the State-appoint its house of the general assembly, and be altered, own officers, determine the rules of its own amended or rejected by the other, but no bill proceedings, punish a member for disorderly shall originate in either house during the last or disrespectful behavior, and with the con- three days of the session, or become a law, sent of two-thirds, expel a member; but no until it be read on three different days of the member shall be expelled a second time for the session in each house, unless three-fourths of same offence. the members of the house, where such bill is SEC. 13. A majority of each house shall pending, shall so determine. constitute a quorum for the transaction of SEC. 19. No bill shall become a law unless business, but a smaller number may adjourn it be passed in each house by a majority of from day to day, and compel the attendance the whole number of members elected, and of absent members in such manner and under on its final passage the ayes and noes be such penalties as each house may prescribe. recorded. SEC. 14. The doors of each house and of SEC. 20. No money shall be drawn from committees of the whole shall be open, except the treasury of the State, except in accordance when the business is such as ought to be kept with an appropriation made by law, and evsecret. ery such law shall distinctly specify the sum SEc. 15. Each house shall keep a journal appropriated, and the object to which it shall of its proceedings, and cause the same to be be applied, provided that nothing herein conpublished. The yeas and nays of members on tained shall prevent the legislature from placany question shall, at the call of any five of ing a contingent fund at the disposal of the them, in the house of delegates, or one in the executive, who shall report to the legislature senate, be entered on the journal. at each session the amount expended and the SEC. 16. Neither house shall, without the purposes to which it was applied; an accurate consent of the other, adjourn for more than statement of the receipts and expenditures of three days; nor to any other place than that the public money shall be attached to and in which the house shall be sitting, without published with the laws after each regular the concurrent vote of two-thirds of the session of the general assembly. members present. Sec. 21. No divorce shall be granted' by SEC. 17. The style of all laws of this State the general assembly. shall be, "Be it enacted by the general assem- SEC. 22. No debt shall hereafter be con 12 tract d by the legislature, unless such debt place at which the general assembly is co.nshall be authorized by a law providing for the vened. collection of an annual tax or taxes sufficient SEc. 27. No senator or delegate shalI be to pay the interest on such debt as it falls due, liable, in any civil action or criminal prosecuand also to discharge the principal thereof tion whatever, for words spoken in debate. within fifteen years from the time of contract- SEC. 28. The house of delegates may inquire, ing the same, and the taxes laid for this pur- on the oath of witnesses, into all complaints, pose shall not be repealed or applied to any grievances and offences, as the grand inquest other object until the said debt and the inter- of the State, and may commit any person for est thereon shall be fully discharged, and the any crime to the public jail, there to remail, amount of debts so contracted and rermaining until discharged by due course of law —they unpaid shall never exceed one hundred thou- may examine and pass all accounts of the sand dollars. The credit of the State shall State, relating either in the collection or exnot, in any manner, be given or loaned to or penditure of the revenue, and appoint audiin aid of any individual, association or cor- tors to state and adjust the same —they may poration, nor shall the general assembly have call for all public or official papers, and rethe power, in any mode, to involve the State cords, and send for persons whom they may in the construction of works of internal im- judge necessary in the course of their inquiries proveruent, or in any enterprise which shall concerning affairs relating to the public interinvolve the faith or credit of the State, or est, and may direct all office bonds which make any appropriations therefor. And they shall be made payable to the State, to be sued shall not use or appropriate the proceeds of for any breach of duty. the internal improvement companies, or of the SEc. 29. In case of death, disqualification, State tax now levied or which may hereafter bState tax no levied, tor thich may hebeafter resignation, refusal to act, expulsion or remo-'be levied, to pay off the public debt, to any val fom the cuty or cit for hl he s val from the county or city for which he shall other purpose, until the interest and debt are have been elected, of any person who shall fully paid, or the sinking fund shall be equal have been chosen as a delegate or senator, or to the atnount of tile outstandig debt; butin case of a tie between two or more such the l]eislature maym without laying a tax, quyalified persons, a warrant of election shall bol row an anlotint never to exceed fifty thou- be issued by the speaker of the house of delesand dollars, to meet temporary deficiencies in or president of the senate, as the case the treasury, and may contract debts to any may bet. for the election of another person ic amount that may be necessary for the defence amount thate. may be necessary for his place, of which election, not less than ten of t taedays notice shall be given, exclusive of the SEC.:23. No extra compensation shall be day of the publication of the notice and of the granted or allowued by the general tssembly day of election; and in case of such resignato any public officer, agent, servant or con- tion or l to act, being co,, tion or refusal to act, being comilmunicated in tractor, after the services shall have been ren- writino, to the Governor, by the pe'son madered or the contract entered into. Nor shall in it o if sch durin the king it, or if slich death occur during the the salary or compenisation of aty public offi- legislative recess and more than ten days becer be increased or diminished during his,fore its termination, it shall be the duty of term of office. the Governor to issue a warrant of election to 6EC. 24. No senator or delegate, after qual-. 24. os enato r or delegate, after q supply the vacancy thus created in the same ifying as such, s9all, during the terr for m anner that the said speaker or president which he was elected, be eligible to any office created, or the salary might have done during the session of the wlegislature; provided, however, that unless a or profits of which shall have been increased meeting of the general assembly may interduring suci tefrm, or shall, duting said term, vene, the election thus ordered to fill such vahold any office or receive the salary or profits cancy shall be held on the day of the ensuing of any office under thle appointment of the election for delegates and senators. election for delegates and senators. executive or leislature. SEa. 25. Each house may punish by im- SEC. 30. The senators anrd delegates shall prisonment, during the session of the general receive a per diem of four dollars, and such asseltblyy, any person not a member for dis- mileage as may be allowed by law, and the respectful or' disorderly beha-vior ir rits pres- preiding officer of each House shall be allowence, or for obstructing any of its proceedinos ed an addition of one dollar per day. No or any of its officers in the execution of tei book or other pinted matter not appertaindutieso; p'rovided such imprisonment shall ing to the business of the session, shall be not, at any one timne, exceed ten ds. llpurchased or subscribed for, for the use of the Sac. 26. Tle members of each house shall members or be distributed among them, at in all cases, except treason, felony, or other the public expense. criminal offence, be privileged from arrest SEC. 31. No law passed by the general asdurilng their atlendance at the session of the sembly shall take effect until the first day of general asserrbly, and in going to and return- June next after the session at which it may ing from the saume, allowing one day for every be passed, unless it be otherwise expressly dethirty miles such member may reside from the clared therein. 13 Sac. 32. No law shall be passed creating cur in an impeachment; all impeachment: i.he office of attorney general. shall be tried by the senate, and when sittint Sec. 33. The general assembly shall have for that purpose they shall be on oath 0o full power to exclude from the privilege of affirmation to do justice according to the lam voting at elections, or of holding any civil or and evidence, but no person shall be convictec military office in this State, any person who without the concurrence of two-thirds of all may thereafter be convicted of perjury, the senators. bribery, or other felony, unless such person S:c. 42. That it shall be the duty of thi shall have been pardoned by the executive. legislature so soon as the public debt shal, Sac. 34. Every bill, when passed by the have been fully paid off, to cause to be trans. general assembly, and sealed with the great ferred to the several counties and the city or seal, shall be presented to the Governor, who Baltimore, stock in the internal improvement shall sign the same in the presence of the pre- companies, equal to tile amount respectively siding officers and chief clerks of the senate paid by each towards the erection and corn. and house of delegates. Every law shall be pletion of said works, at the then market recorded in the office of the Court of Appeals, value of said stock. and in due time be printed, published and 8Ec. 43. The legislature shall not pass any certified under the great seal to the several law abolishing the relation of master or slave, courts in the same manner as has been here- as it now exists in this State. tofore usual in this State. SEC. 44. No person shall be imprisoned foi SEc. 35. No person who may hereafter be debt. a collector, receiver or holder of public mon- SEc. 45. The legislature hereafter shall eys, shall be eligible as senator or delegate, or grant no charter for banking purposes or re to any office of profit or trust under this State, new any banking corporation now in exis. until he shall have accounted for and paid tence, except upon the condition that the into the treasury all sums on the books there- stockholders and directors shall be liable tc of, charged to and due by him. the amount of their respective share or shares SEC. 36. Any citizen of this State who of stock in such banking institution for all its shall, after the adoption of this constitution, debts and liabilities upon note, bill or other. either in or out of this State, fight a duel with wise; and upon the further condition that no deadly weapons, or send or accept a challenge director or other officer of said corporation so to do, or who shall act as second, or know- shall borrow any money from said corporaingly aid or assist in any manner those thus tion; and if any director or other officer shall offending, shall ever hereafter be incapable of be convicted upon indictment of directly or holding any office of trust or profit under this indirectly violating this article, he shali be State. punished by fine or imprisonment at the disSmc. 37. No lottery grant shall ever here- cretion of the court. All banks shall be open after be authorized by the legislature. to inspection of their books, papers and acSEc. 38. The general assembly shall pass counts, under such regulations as may be preawrn's necessary to protect the property of the scribed by law. wife; from the debts of the husband during SEC. 46. The legislature shall enact no law her life, and for securing the same to her issue authorizing private property to be taken for after her death. public use without just compensation as agreed SEC. 39. Laws shall be passed by the legis- upon between the parties or awarded by a lature to protect from execution a reasonable jury, being first paid or tendered to the patrty amount of the property of a debtor, not ex- entitled to such compensation. ceeding in value the sum of five hundred dol- SEc. 47. Corporations may be formed unlars. der general laws, but shall not be created by Soc. 40. The legislature shall, at its first special act, except for municipal purposes, and session after the adoption of this coQstitution, in cases where, in the judgment of the legisadopt some simple and uniform system. of l~ature, the object of the corporation cannot charges in the offices of clerks of courts and be attained under general laws. All laws and registers of wills in the coutnties of this State special acts pursuant to this section may be and the city of Baltimore, and for the collec- altered from time to time, or repealed; provition thereof; provided, the amount of corn- ded nothing herein contained shall be conpensation to any of said officers shall not ex- strued to alter, change or amend in any manceed the sum of twenty-five hundred dollars a ner the article in relation to banks. year, over and above office expenses, and SEc. 48. The legislature shall make proviscompensation to assistants; and provided, ion for all cases of contested elections of any further, that such compensation of clerks, of the officers not herein provided for. registers, assistants and office expenses, shall SEc. 49. That the rate of interest in this always be paid out of the fees or receipts of State shall not exceed six per cent. per anuthe offices respectively. num, and no higher rate shall be taken or SEa. 41. The house of delegates shall have demanded, and the legislature shall provide, the sole power of impeachment in all cases, by law, all necessary forfeitures and penalties but a majority of all the members must con- against usury. 14 ARTICLE IV. and the salary of each of the judges of the court of appeals shall be two thousand five hundred dollars anuually, and shall not be SECTION 1. The judicial power of this State increased or diminished during their eontinushall be vested in a court of appeals, in cir- ance in office; and no fees or perquisites of cuit courts, in such courts for the city of Bal- any kind, shall be allowed by law to any of timore as may be hereinafter prescribed, and the said judges. in justices of the peace. SEC. 5. No judge of the court of appeals SEc. 2. The court of appeals shall have ap- shall sit in any case wherein he may be interpellate jurisdiction only, which shall be co- ested, or where either of the parties may be extensive with the limits of the State. It connected with him by affinity or consanshall consist of a chief justice and three asso- guinity within such degrees as may be preciate justices, any three of whom shall form a scribed by law, or when he shall have been of quorum, whose judgment shall be final and counsel in said case; when the court of apconclusive in all cases of appeals; and who peals, or any of its members shall be thus disshall have the jurisdiction which the present qualified to hear and determine any case or court of appeals of this State now has, and cases in said court, so that by reason thereof such other appellate jurisdiction as hereafter no judgment can be rendered in said court, may be provided for by law. And in every the same shall be certified to the Governor of case decided, an opinion, in writing, shall be the State, who shall immediately commission filed, and provision shall be made, by law, the requisite number of persons learned in for publishing reports of cases argued and de- the law for the trial and determination of termined in the said court. The Governor, said case or cases. for the time being, by and with the advice SEC. 6. All judges of the court of appeals, and consent of the senate, shall designate the of the circuit courts, and of the courts for chief justice, and the court of appeals shall the city of Baltimore, shall, by virtue of their hold its sessions at the city of Annapolis, on offices, be conservators of the peace throughthe first Monday of June, and the first Mon- out the State. day of December, in each and every year. SEC. 7. All public commissions and grants SEC. 3. The court of appeals shall appoint shall run thus. " The State of Maryland," its own clerk, who shall hold his office for six &c., and shall be signed by the Governor, years, and may be re-appointed at the end with the seal of the State annexed; all writs thereof; he shall be subject to removal by the and process shall run in the same style, and said court for incompetency, neglect of duty, be tested, sealed and signed as usual; and all misdemeanor in office, ahd for such other indictments shall conclude "' against the causes as may be prescribed by law. peace, government and dignity of the State.' SEC. 4. The State shall be divided into SEC. 8. The State shall be divided into four judicial districts: Allegany, Washing- eight judicial circuits, in manner and form ton, Frederick, Carroll, Baltimore and Har- following, to wit: St. Mary's, Charles and ford counties, shall compose the first; Mont- Prince George's counties shall be the first; gomery, Howard, Anne Arundel, Calvert, St. Anne Arundel, Howard, Calvert and MontMlary's, Charles and Prince George's, the sec- gomery counties shall be the second; Fredond; Baltimore city, the third; and Cecil, erick and Carroll counties shall be the third; Kent, Queen Anne's, Talbot, Caroline, Dor- Washington and Allegany counties shall be chester, Somerset and Worcester, shall coni- the fourth; Baltimore city shall be the fifth; pose the fourth district. And one person Baltimore, larford and Cecil counties shall from among those learned in the law, having be the sixth; Kent, Queen Anne's, Talbot and been admitted to practice in this State, and Caroline counties shall be the seventh; and who shall have been a citizen of this State Dorchester, Somerset and Worcester counties at least five years, and above the age of thirty shall be the eighth; and there shall be elected years at the time of his election, and a resi- as hereinafter directed for each of the said dent of the. judicial district, shall be elected judicial circuits, except the fifth, one person from each of said districts by the legal and from among those learned in the law, havino qualified voters therein, as a judge of the said been admitted to practice in this State, and court of appeals, who shall hold his office for who shall have been a citizen of this State at the term of ten yeals from the time of his least five years, and above the age of thirty election, or until he shall have attained the years at the time of his election, and a resiage of seventy years, which ever may first dent of the judicial circuit to be judge therehappen, and be re-eligible thereto until he of; the said judges shall be styled circuit shall have attained the age of seventy years, judges, and shall respectively hold a term of and not after, subject to removal for incomrn- their courts at least twice in each year, or petency, wilful neglect of duty or misbeha- oftener if required by law, in each county vior in office, on conviction in a court of composini their respective circuits; and the law, or by the Governor upon the address of said courts shall be called circuit courts for the the general assembly, two-thirds of the mem- county in which they may be held, and shall hers of each house concurring in such address; have and exercise in the several counties of 15 this State, all the power, authority and diction as a court of equity within the limits jurisdiction which the county courts of this of the said city, and in all other civil cases State now have and exercise, or which may which have not been heretofore assigned to hereafter be prescribed by law, and the said the court of common pleas. judges in their respective circuits, shall have Sa.c. 12. Each of the said two courts shall and exercise all the power, authority and consist of one judge, who shall be elected by jurisdiction of the present court of chancery the legal and qualified voters of the said city, of MAaryland; provided, nevertheless, that Bal- and shall hold his office for the term of ten timore county. court may hold its sittings years, subject to the provisions of this constiwithin the limits of the city of Baltimore, un- tution, with regard to the election and qualitil provision shall be made by law for the fication of judges and their removal from location of a count y seat within the limits of office, and the salary of each of the said the said county proper, and the erection of a judges shall be twenty-five hundred dolcourt house and all other appropriate build- lars a year; and the legislature, shall, whenings, for the convenient administration of ever it m.ay think the same proper and expejustice in said court. dient, provide by law, another court for the SEC. 9. The judges of the several judicial city of Baltimore, to consist of one judge to circuits shall be citizens of the United States, be elected by the qualified voters of the said and shall have resided five years in this city, who shall be subject to the same constiState, and two years in the judicial circuit utional provisions, hold his office for the for which they may, be respectively elected, same term of years, and receive the same next before the time of their election, and compensation as the judge of the court of shall reside therein while they continue common pleas of the said city, and the said to act as judges; they shall be taken from court shall have such jurisdiction and powers among those who having the other qualifica- as may be prescribed by law. tions herein prescribed, are most distinguished SEC. 13. There shall also be a criminal for integrity, wisdom and sound legal knowl- court for the city of Baltimore, to be styled edge, and shall be elected by the qualified vo- the criminal court of Baltimore, which shall ters of the said circuits, and shall hold their consist of one judge, who shall also be elected,offices for the term of ten years, removable for by the legal and qualified voters of the said misbehavior, on conviction in a court of law city, and who shall have and exercise all the or by the Governor, upon the address of the jurisdiction now exercised by Baltimore city general assembly, provided that two-thirds of court, and the said judge shall receive a salathe members of each house shall concur in ry of two thousand dollars a year, and shall such address, and the said judges shall each be subject to the provisions of this constitureceive a salary of two thousand dollars a tion with regard to the election and qualificayear, and the same shall not be increased or tions of judges, term of office, and removal diminished during the time of their continu- therefrom. ance in office; and no judge of any court in SEe 14. There shall be in each county a this State, shall receive any perquisite, fee, clerk of the circuit court, who shall be elected commission or reward, in addition thereto, by the qualified voters of each county, and for the performance of any judicial duty. the person receiving the greatest number of S-c. 10. There shall be established for the votes shall be declared and returned duly city of Baltimore one court of law, to be elected clerk of said circuit court for the said styled " the court of common pleas," which county, and shall hold his office for the term sh1al1 have civil jurisdiction in all suits where of six years from the time of his electioni, and the debt or damage claimed shall be over one until a new election is held; shall be re-eligihundred dollars, and shall not exceed five ble thereto, and subject to removal for vwiltul hundred dollars; and shall, also, have juris- neglect of duty, or other misdemeanor in diction in all cases of appeal from the judg- office, on conviction in a court of law. There ment of justices of the peace in the said city, shall also be a clerk of the court of common and shall have jurisdiction in all applications pleas in Baltimore city, and a clerk of the sufor the benefit of the insolvent laws of this perior court of Baltimore city, and there shall State, and the supervision and control of the also be a clerk of the criminal court of Balti. trustees thereof. more city, and each of said clerks shall be cSE. 11. There shall also be established, elected as aforesaid by the qualified voters of for the city of Baltimore, another court of the city of Baltimore, and shall hold his office law, to be styled the superior court of Balti- for six years from the time of his election, more city, which shall have jurisdiction over and until a new election is held, and be reall suits where the debt or damage claimed eligible thereto, subject, in like manner, to shall exceed the sum of' five hundred dollars, be removed for wilful neglect of duty or other and in case any plaintiff or plaintiffs shall re- misdemeanor in office, on conviction in a cover less than the sum or value of five hun- curt of law. In case of a vacancy in the dred dollars, he or they shall be allowed or office of a clerk, the judge or judges of the adjudged to pay costs in the discretion of the court, of which he was clerk, shall have the court. The said court shall also have juris- power to appoint a clerk until the general 16 election of delegates held next thereafter, in each county of the State, and in the city of when a clerk shall be elected to fill such va- Baltirore, to be elected by the legal and qualcancy. ified voters of said counties and city respecSEc. 15. The clerk of the court of common tively, who shall hold his office for six years pleas for Baltimore city, shall have authority from the time of his election, and until a new to issue within the said city, all marriage and election shall take place, and be re-eligible other licenses required by law, subject to such thereto, subject to be removed for wilful neprovisions as the legislature shall hereafter glect of duty, or misdemeanor in office, in the prescribe; and the clerk of the superior court same manner that the clerks.of the county for said city, shall have the custody of all courts are removable. In the event of any deeds, conveyances, and other papers now vacancy in the office of register of wills, said remaining in.the office of the clerk of Balti- vacancy shall be filled by the judges of the more county court, and shall hereafter receive orphans' court until the general election next and record all deeds, conveyances, and other thereafter for delegates to the general assempapers which are required by law to be re- bly, when a register shall be elected to fill corded in said city. He shall also have the such vacancy. custody of all other papers connected with the Szc. 19. The legislature at its first session proceedings on the law or equity side of Bal- after the adoption of this Constitution, shall timore county court, and of the dockets there- fix the number of justices of the peace and of, so far as the same have relation to Balti- constables for each ward of the city of Baltimore city. more, and for each election district in the sevSEc. 16. That the clerk of the court of ap- eral counties, who shall be elected by the peals, and the clerks of the circuit courts in legal and qualified voters thereof respectively, the several counties, shall respectively perform at the next general election for delegates all the duties and be entitled to the fees which therleafter, and shall hold their offices for two appertain to the offices of the clerks of court years from the time of their election, and until of appeals for the eastern and western shores their successors in office are elected and qualiand of the clerks of county courts, and the fled; and the legislature may, from time to clerks of.the court of common pleas, the supe- time, increase or diminish the number of jusrior court, and the criminal court for Balti- tices of the peace and constables to be elected more city, shall perform all the duties apper- in the several wards and election districts, as taining to their respective offices, and hereto- the wants and interests of the people ray refore vested in the clerks of Baltimore county quire. They shall be, by virtue of their offices, court and Baltimore city court respectively, conservators of the peace in the said counties and be entitled to all the fees now allowed by and city respectively, and shall have such law; and all laws relating to the clerks. of duties and compensation as now exist, or may court of appeal, clerks of' the several county be provided for by law. In the event of a courts and Baltimore city court, shall be ap- vacancy in the office of a justice of the peace, plicable to the clerks respectively of the clerk the Governor shall appoint a person to serve of' court of appeals, the circuit courts, the as justice of the peace, until the next regular court of common pleas, the superior court, election of said officers, and in case of a vaand the criminal court of Baltimore city, until cancy in the office of constable, the county otherwise provided by lay; and the said commissioners of the county, in which a vaclerks, when duly elected and qualified accord- cancy may occur,'or the mayor and city couno ing to law, shall have the charge and custody cil of Baltimore, as the case may be, shall apof the'records and other papers belonging to point a person to serve as constable until the their respective offices, next regular election thereafter for said offiSEC. 17. The qualified voters of the city of cers. An appeal shall lie in all civil cases Baltimore, and of the several counties of the from the judgment of a justice of the peace to State, shall, on the first Wednesday of No- the circuit court, or to the court of common vember, eighteen hundred and fifty-one, and pleas of Baltimore city, as the case may be, on the same day of the same month in every and on all such appeals, either party shall be fourth year forever thereafter, elect three men entitled to a trial by jury, according to the to be judges of the orphans' court of said laws now existing, or which may be hereafter city and counties respectively, who shall be enacted. And the mayor and city council citizens of the State of Maryland, and citizens may provide, by ordinance, firom time to of the city or county for which they may be time, for the creation and government of such severally elected at the time of their election. temporary additional police, as they may deem They shall have all the powers now vested in necessary to preserve the public peace. the orphans' courts of this State, subject to SEC. 20. There shall be elected in each such changes therein as the legislature may county and in the city of Baltimore, every prescribe, and each of said judges shall be second year two persons for the office of sherpaid at a per diem rate, for the time they are iff for each county, and two for the said city, in session, to be fixed by the legislature, and the one of whom having the highest number paid by the said counties and city respectively. of votes of the qualified voters of said county SEC. 18. There shall be a register of wills or city, or if' both have an equal number, either of them, at the discretion of the Gov- for transmitting to the said counties, and to ernor, to be commissioned by the Governor the city of Baltimore, all the cases and profor the said office, and, having served for two ceedings in said court then undisposed of and years, such person shall be ineligible for the unfinished, in such manner, and under such two years next succeeding; bond with secu- regulations as may be deemed necessary and rity to be taken every year, and no sheriff proper: provided, that no new business shall shall be qualified to act before the same be originate in the said court, nor shall any given In case of death, refusal, disqualifi- cause be removed to the same from any other cation or removal out of the county, before court, from and after the ratification of this the expiration of the said two, years, the Constitution. other person chosen as aforesaid, shall be SEC. 24. The first election of judges, clerks, commissioned by the Governor to execute the registers of wills, and all other officers, whose said office for the residue of the said two election by the people is provided for in this years, the said person giving bond with securi- article of the Constitution, except justices of ty as aforesaid. No person shall be eligible the peace and constables, shall take place to the office of sheriff but a resident of such throughout the State on the first Wednesday county or city respectively, who shall have of November next after the ratification of this been a citizen of this State at.least five years Constitution by the people. preceding his election, and above the age of SEC. 25. In case of the death, resignation, twenty-one years. The two candidates, prop- removal, or other disqualification of a judge erly qualified, having the highest number of of any of the courts of law, the Governor, by legal ballots, shall be declared duly elected and with the advice and consent of the senate, for the office of sheriff for such county or shall thereupon appoint a person, duly qualicity, and returned to the Governor, with a fled, to fill said office until the next general certificate of the number of ballots for each election for delegates thereafter: at which of them. time an election shall be held as hereinbefore SEa. 21. Coroners, elisors and notaries prescribed, for a judge, who shall hold the public shall be appointed for each county and said office for ten years, according to the prothe city of Baltimore, in the manner now visions of this Constitution. prescribed by law, or in such other manner SEC. 26. In case of the death, resignation, as the general assembly may hereafter direct. removal, or other disqualification of the judge SEC. 22. No judge shall sit in any case of an orphans' court, the vacancy shall be wherein he may be interested, or where either filled by the appointment of the Governor, by of the parties may be connected with him by and with the advice and consent of the senate. affinity or consanguinity, with such degrees SEC. 21. Whenever lands lie partly in one as may be prescribed by law, or where he county, and partly in another, or partly in a shall have been of counsel in the case; and county and partly in the city of Baltimore, or whenever any of the judges of the circuit whenever persons proper to be made defendcourts, or of the courts for Baltimore city, ants to proceedings in chancery, reside some shall be thus disqualified, or whenever, by in one county andsome in another, that court reason of sickness, or any other cause, the shall have jurisdiction in which proceedings -said judges, or any of them, may be unable shall have been first commenced, subject to to sit in any cause, the parties may, by con- such rules, regulations and alterations as may sent, appoint a proper person to try the said be prescribed by law. cause, or the judges, or any of them, shall do Sec. 28. In all suits or actions at law, so when directed by law. issues from the orphans' court or from any SEc. 23. The present chancellor and the court sitting in equity, in petitions for freeregister in chancery, and, in the event of any dom, and in all presentments and indictments vacancy in their respective offices, their suc- now pending, or which may be pending at cessors in office respectively, who are to be the time of the adoption of this Constitution appointed as at present, by the Governor and by the people, or which may be hereafter senate, shall continue in office, with the pow- instituted in any of the courts of law of this ers and compensation as at present established, State, having jurisdiction thereof, the judge until the expiration of two years after the or judges thereof, uponsuggestion in writing, adoption of this Constitution by the people, if made by the State's attorney, or the proseand until the end of the session of the legisla- cutor for the State, or upon suggestion in ture next thereafter, after which the said writing, supported by affidavit, made by any offices of chancellor and register shall be abol- of the parties thereto, or other proper eviished. The legislature shall, in the mean dence, that a fair and impartial trial cannot time, provide by law for the recording, safe- be had in the court where such suit or action keeping, or other disposition, of the records, at law, issues or petitions, or presentment decrees, and other proceedings of the court and indictment is depending, shall order and of chancery, and for the copying and attesta- direct the record of proceedings in such suit tion thereof, and for the custody and use of or action, issues or petitions, presentment or the great seal of the State, when required, indictment, to be transmitted to the court of after the expiration of the said two years, and any adjoining county; provided, that the re2 18 moval in all civil causes be confined to an ad- attorney, and to administer the oaths of office joining county within the judicial circuit, ex- to the persons elected. cept as to the city of Baltimore, where the re- SEC. 3. The State's attorney shall perform moval may be to an adjoining county, for such duties and receive such fees and comtrial, which court shall hear and determine missions as are now prescribed by law for the the same in like manner as if such suit or ac- attorney general and his deputies, and such tion, issues or petitions, presentment or other duties, fees and commissions as may indictment, had been originally instituted hereafter be prescribed by law, and if any therein; and provided also, that such sugges- State's attorney shall, receive any other fee or tion shall be made as aforesaid, before or du- reward than such as is, or may be allowed by ring the term in which the issue or issues law, he shall, on conviction thereof, be remay be joined in said suit or action, issues or moved from office. petition, presentment or indictment, and that SEC. 4. No person shall be eligible to the such further remedy in the premises n ay be office of State's attorney who has not been adprovided by law, as the legislature shall from mitted to practice the law in this State, and time to time direct and enact. who has not resided for at least one year Sec. 29. All elections of judges, and other in the county or city in which he may be officers provided for by this Constitution, shall elected. be certified, and the returns made by the Spc. 5. In case of vacancy in the office of clerks of the respective counties to the Gov- State's attorney, or of his removal from the ernor, who shall issue commissions to the county or city in which he shall have been different persons for the offices to which they elected, or on his conviction as hereinbefore shall have been respectively elected;- and in specified, the said vacancy shall be filled by all such elections, the person having the the judge of the county or city, respectively,,greatest number of votes, shall be declared to having criminal jurisdiction in which said be elected. vacancy shall occur, until the election and SEc. 30. If in any case of election for judges, qualification of his successor; at which elec-.clerks of the courts of law, and registers of tion said vacancy shall be filled by the voters wills, the opposing candidates shall have an of the said county or city, for the residue of.equal number of votes, it shall be the duty of the term thus made vacant. the Governor to order a new election; and in Sac. 6. It shall be the duty of the clerk of case of any contested election, the Governor the court of appeals, and the commissioner shall send the returns to -the house of dele- of the land office, respectively, whenever a gates, who shall judge of the election and case shall be brought into said court or office, qualification of the candidates at such elec- in which the State is a party, or has an intertion. est, immediately to notify the Governor thereSEc. 3'1. Every person of good moral char- of. acter, being a voter, shall be admitted to practice law in all the courts of law in this State, in his own case. TREASURY DEPARTMENT. ARTICLE V. SECTIOY 1. There shall be a treasury department, consisting of a comptroller, chosen THE STATE'S ATTORNEYS. by the qualified electors of the State,' at each SECTIoN 1. There shall be an attorney for election of members of the house of delegates, the State in each county and the city of Balti- who shall receive an annual salary of two more, to be styled "the State's attorney," thousand five hundred dollars; and of a who shall be elected by the voters thereof, re- treasurer, to be appointed by the two houses spectively, on the first Wednesday of Novem- of the legislature, at each session thereof, on ber next, and on the same day of every fourth joint ballot, who shall also receive an annual year thereafter, and hold his office for four salary of two thousand five hundred dollars; years from the first Monday of January next and neither of the said officers shall be allowensuing his election, and until his successor ed or receive any fees, commissions, or pershall be elected and qualified, and shall be re- quisites of any kind, in addition to his salary, eligible thereto, and be subject to removal for the performance of any duty or service therefrom for incompetency, wilful neglect whatever. In case of a vacancy in either of of duty or misdemeanor in office, on convic- the offices, by death or otherwise, the Govtion in a court of law. ernor, by and with the advice and consent of SEc. 2. All elections for the State's attor- the senate, shall fill such vacancy by appointney shall be certified to, and returns made ment, to continue until another election by thereof, by the clerks of the said counties and the people, or a choice by the legislature, as city to the judges thereof having criminal the case may be, and the qualification of the jurisdiction, respectively, whose duty it shall successor. The comptroller and the treasurer be to decide upon the elections and qualifica- shall keep their offices at the seat of governtions of the persons returned, and in case of a ment, and shall take such oath, and enter tie between two or more persons, to designate into such bonds, for the faithful discharge of which of said persons shall qualify as State's their duties, as the legislature shall prescribe. 19 SEC. 2. The comptroller shall have the adoption of this Constitution, four commisgeneral superintendence of the fiscal affairs of sioners shall be elected as hereinafter provithe State; he shall digest and prepare plans ded, who shall be styled " commissioners of for the improvement and management of the public works," and who shall exercise a dilirevenue, and for the support o" the public gent and faithful supervision of all public credit; prepare and report estimates of the works, in which the State may be interested as revenue and expenditure of the State; super- stockholder or creditor, and shall represent the intend and enforce the coll: ction of all taxes State in all meetings of the stockholders, and and revenue; adjust, settle and preserve all shall appoint the directors in every railroad public accounts; decide on the forms of keep- or canal company, in' which the State has the ing and stating accounts; grant, under regu- constitutional power to appoint directors. It lations prescribed by law, all warrants for shall also be the duty of the commissioners of moneys to be paid out of the treasury, in pur- public works to review, from time to time, suance of appropriations by law; prescribe the rate of tolls adopted by any company; the formalties of the transfer of stock or other use all legal powers which they may possess evidences of the State debt; and countersign to obtain the establishment of rates ot tolls, the same, without which such evidences shall which may prevent an injurious competition not be valid; he shall make full reports of all with each other, to the detriment of the interhis proceedings, and of the state of the treas- ests of the State; and so to adjust them as to ury deprtment within ten days after the promote the agriculture of the State. It commencement of each session of the legisla- shall also be the duty of the said commissionture, and perform such other duties as shall ers of public works to keep a journal of their be prescribed by law. proceedings; and at each regular session of SEc. 3. The treasurer shall receive and the legislature to make to it a report, and to keep the moneys of the State, and disburse recommend such legislation as they shall the same upon warrants drawn by the comp- deem necessary and requisite to promote or troller, and not otherwise; he shall take re- protect the interest of the State in the public ceipts for all moneys paid by him, and all re- works; and perform such other duties as ceipts for moneys received by him shall be may be prescribed by law. They shall each indorsed upon warrants signed by the comp- receive such salary as may be allowed by troller, without which warrant, so signed, no law, which shall not be increased or diminacknowledgment of money received into the ished during their continuance in office. treasury shall be valid; and upon warrants SEC. 2. For the election of the commissionissued by the comptroller he shall make ar- ers of public works, the State shall be divided rangements for the payment of the interest of into four districts. The counties of Allegathe public debt, and for the purchase thereof, ny, Washington, Frederick, Carroll, Baltionaccount of the sinking fund. Every bond, more and Harford, shall constitute the first certificate, or other evidence of the debt of district. The counties of Montgomery, Howthe State, shall be signed by the treasurer ard, Anne Arundel, Calvert, St. Mary's, and countersigned by the comptroller, and no Charles and Prince George's, shall constitute new certificate or other evidence intended to the second district. Baltimore city shall conreplace another shall be issued until the old stitute the third district. The counties of one shall be delivered to the treasurer, and Cecil, Kent, Queen Anne's, Talbot, Caroline, authority executed in due form for the trans- Dorchester, Somerset, and Worcester, shall fer of the same shall be filed in his office, and constitute the fourth district. One commisthe transfer accordingly made on the books sioner shall be elected in each district, who thereof, and the certificate or other evidence shall have been a resident thereof at least five cancelled; but the legislature may make pro- years next preceding his election. vision for the loss of certificates or other evi- SEC. 3. The said commissioners shall be dence of the debt, elected by the qualified voters of their districs SEC. 4. The treasurer shall render his ac- respectively; the returns of their election counts quarterly to the comptroller; and on shall be certified to the Governor, who shall, the third day ot each session of the legisla- by proclamation, declare the result of the ture he shall submit to the senate and house election. Two of the said commissioners, of delegates fair and accurate copies of all ac- first elected, shall hold their office for four counts by him from time to time rendered years, and the other two for two years from and settled with the comptroller. He shall the first Monday of December next succeeding at all times submit to the comptroller, the their election. And at the first meeting after inspection of the moneys in his hands, and their election, or as soon thereafter as practiperform all other duties that shall be prescri- cable, they shall determine, by lot, who of bed by law. their number shall hold their offices for four ARTICLE VII. and two years respectively; and thereafter there shall be elected as aforesaid, at each SUNDRY OFFICERS. general election of delegates two commissionSEcTIoN 1. At the first general election of ers for the term of four years, to be taken delegates to the general assembly, after the from the districts respectively wherein the 20 commissioners resided at the time of their of the State, at the first general election of election, whose term of service has expired. delegates to the assembly after the ratification And in case of a vacancy in the office of of this Constitution, who shall hold his office either of said commissioners, by death, resig- for the term of six years from the first day of nation, or otherwise, the Governor, by and January next after his election, The returns with the advice and: consent of the senate, of said election shall be made to the Governshall appoint some qualified person from the or, and in the event of a tie between any two same district, to serve.until the next general or more candidates, the Governor shall direct election of delegates. when an election shall a new election to be held by writs to the sevbe held, as aforesaid, for a commissioner for eral sheriffs, who shall hold said election after the residue of said term. And in case of an at least twenty days notice, exclusive of the equal division in the board of commissioners, day of election. The said commissioner shall on any subject committed to their charge, the sit as judge of the land office, and receive treasurer of the State shall have power, and therefor the sum of two hundred dollars per shall be called ou to decide the same. And annum, to be paid out of the State treasury. in the event of a tie vote for any two of the He shall also perform the duties of the regiscandidates for the office of commissioner in ter of the land office, and be entitled to rethe same district, it shall be the duty of the ceive therefor the fees now chargeable in said Governor to commission one or the other of office; and he shall also perform theeduties of the candidates having the equal number of examiner general, and be entitled to receive votes. And if the Governor doubt the legal- therefor the fees now chargeable by said offiity or result of any election held for said cer. The office of register of the land office commissioners, it shall be his duty to. send and examiner general shall be abolished from the returns of such election to the house of and after the election and qualification of the delegates, who shall judge of the election and commissioner of the land office. qualification of the candidates,at such elec- SEC. 7. The State librarian shall be elected tion. by the joint vote of the two branches of the SEC. 4. During the continuance of the lot- legislature, for two years, and until his suctery system in this State, there shall be elected cessor shall be elected and qualified. His by the legal and qualified voters of the State, salary shall be one thousand dollars per anat every general election for delegates to the num. He shall perform such duties as are general assembly, one commissioner of lotte- now or may hereafter be prescribed by law. ries, who shall hold his office for two years, SEC. 8. The county authorities now known and till the qualification of his successor, and as levy courts or county commissioners, shall shall be re-eligible. His whole compensation hereafter be styled " county commissioners," shall be paid out of the fund raised for the and shall be elected by general ticket, and Maryland consolidated lottery grants, and not by districts, by the voters of the several shall not exceed the amount of commissions counties, on the first Wednesday in Novemreceived by one of the present lottery corn- ber, one thousand eight hundred and fiftymissioners, out of said fund; and he shall one, and on the same day in every second give such bond, for the faithful performance year thereafter. Said commissioners shall of his duties as is now given by the lottery exercise such powers and duties only as the commissioners. The term of the commissioner, legislature may from time to tinle prescribe; who shall be elected at the general election for but such powers and duties, and the tenure of delegates next succeeding the adoption of this office, shall be uniform throughout the State, Constitution, shall commence at the expiration and the legislature shall, at or before its secof the commissions of the present lottery cornm- ond regular session, after the adoption of this missioners, and continue for two years, and Constitution, pass such laws as may be necestill the qualification of his successor. sary for determining the number for each SEC. 5. From and after the first day of county, and ascertaining and defining the April, eighteen hundred and fifty-nine, no powers, duties, and tenure of office of said lottery scheme shall be drawn, for any pur- commissioners; and until the passage of such pose whatever, nor shall any lottery ticket be laws the commissioners elected under this sold in this State; and it shall be the duty of Constitution shall have and exercise all the the several commissioners elected under this powers and duties in their respective counties, Constitution, to make such contract or con- now exercised by the county authorities under tracts as will extinguish all existing lottery the laws of the State. grants before the said first day of April, eigh- SEC. 9. The general assembly shall provide teen hundred and fifty-nine, and also secure by law for the election of road supervisors, in to the Statea cleatr yearly revenue equal to the the several counties, by the voters of the average amount derived by the State from the election districts respectively, and may prosystem for the last five years; but no such vide by law for the election or appointment of contract or contracts shall be valid until ap- such other county officers as may be required, proved by the treasury and comptroller. and are not herein provided for, and prescribe SEC. 6. There shall be a commissioner of their powers and duties; but the tenure of the land office elected by the qualified voters office, their powers and duties, and mode of 21 appointment, shall be uniform throughout the ture, the legislature shall direct at the next State. succeeding election, that the judges shall open SEc. 10. The qualified voters of each county, a book at each election district in said part of and the city of Baltimore, shall, at the first Allegany county, and have recorded therein election of delegates after the adoption of this the vote of each elector " for or against " a Constitution, and every two years thereafter, new county. In case the majority are in elect a surveyor for the counties, and the city favor, then said part of Allegany county to of Baltimore respectively, whose duties and be declared an independent county, and the compensation shall be the same as are now inhabitants whereof shall have, and enjoy all prescribed by law for the county and city such rights and privileges as are held and ensurveyors respectively, or as may hereafter be joyed by the inhabitants of the other counprescribed by law. The term of office of said ties in this State. Provided, that the whole county and city surveyors respectively, shall representation in the general assembly of the commence on the first Monday of January county, when divided, shall not exceed the next succeeding their election. And vacan- present delegation of Allegany county, allowcies in said office of surveyors, by death, re- ed under this Constitution until after the next signation, or removal from their respective census. counties or city, shall be filled by the commis- ARTICLE IX sioners of the counties, or mayor and city council of Baltimore respectively. MILITIA. Sea. 11. The qualified voters of Worcester SECTION 1. It shall be the duty of the legiscounty shall, at the first election of delegates lature to pass laws for the enrolment of the after the adoption of this Constitution, and militia; to provide for districting the State every two years thereafter, elect a wreck-mas- into divisions, brigades, battalions, regiments, ter for the said county, whose duties and com- and companies, and to pass laws for the effecpensation shall be the same as are now pre- tual encouragement of volunteer corps by scribed or may be hereafter prescribed by law. some mode which may induce the formation The term of office of said wreck-master shall and continuance of at least one volunteer comcommence on the first Monday of January pany in every county and division in the city next succeeding his election; and a vacancy of Baltimore. The company, battalion, and in said office, by death, resignation, or re- regimental officers (staff officers excepted) moval from the county, shall be filled by the shall be elected by the persons composing county commissioners of said county, for the their several companies, battalions and regiresidue of the term thus made vacant. ments. ARTICLE VIII.SEC. 2. The adjutant general shall be appointed by the Governor, by and with the NE W COUNTIES. advice and consent of the senate. He shall SECTION 1. That part of Anne Arundel hold his office for the term of six years, and county called Howard district, is hereby receive the same salary as heretofore, until erected into a new county, to be called How- changed by the legislature. ard county, the inhabitants whereof shall ARTICLE X have, hold and enjoy all such rights and privileges as are held and enjoyed by the inhabi- MISCELLANEOUS. tants of the other counties in this State; and SECTION 1. Every officer of this State, the its civil and municipal officers, at the time of Governor excepted, the entire amount of the ratification of this Constitution, shall whose pay or compensation received for the continue in office until their successors shall discharge of his official duties shall exceed the have been elected or appointed, and shall have yearly sum of three thousand dollars, shall qualified as such; and all rights, powers and keep a book, in which shall be entered every obligations incident to Howard district of sum or sums of money received by him or on Anne Arundel county shall attach to Howard his account as a payment or compensation for county. his performance of official duties, a copy of SEc. 2. When that part of Allegany county, which entries in said book, verified by the lying south and west of a line beginning' at oath of the officer by whom it is directed to the summit of Big Back Bone or Savage be kept, shall be returned yearly to the treasmountain, where that mountain is crossed by urer of the State for his inspection and that Mason and Dixon's line, and running thence of the general assembly of Maryland; and by a straight line, to the middle of Savage each of such officers, when the amount reriver where it empties into the Potomac river, ceived by him tor the year shall exceed the thence by a straight line, to the nearest point sum of three thousand dollars, shall yearly or boundary of the State of Virginia; then pay over to the treasurer the amount of such with said boundary to the Fairfax stone, shall excess by him received, subject to such dispocontain a population of ten thousand, and sition thereof as the legislature may deem just the majority of electors thereof shall desire to and equitable. And any such officer failing separate and form a new county, and make to comply with the said requisition, shall be known their desire by petition to the legisla- deemed to have vacated his office, and be sub 22 ject to suit by the State for the amount that SEC. 10. This Constitution, if adopted by a ought to have been paid into the treasury. majority of the legal votes cast on the first SEC. 2. The legislature shall have power to Wednesday of June next, shall go into operapass all such laws as may be necessary and tion on the fourth day of July next, and on proper for carrying into execution the powers and after said day shall supersede the present vested by this Constitution, in any depart- Constitution of this State. ment or office of the government, and the du-ARTICLE I ties imposed upon them thereby. SEac. 3. If in any election directed by this AMENDMENT OF THE CONSTITUTION. Constitution any two or more candidates It shall be the duty of the legislature, at its shall have the highest and an equal number first session immediately succeeding the reof votes, a new election shall be ordered, un- turns of every census of the United States less in cases specially provided for by the Con- hereafter taken, to pass a law for ascertainstitution. ing, at the next general election of delegates, SEc. 4. The trial by jury of all issues of the sense of the people of Maryland in regard fact in civil proceedings, in the several courts to the calling a convention for altering the of law in this State, where the amount in Constitution; and in case the majority of controversy exceeds the sum of five dollars, votes cast at said election shall be in:favor of shall be inviolably preserved. calling a convention, the legislature shall SEC. 5. In the trial of all criminal cases provide for assembling such convention, and the jury shall be the judges of law as well as electing delegates thereto at the earliest confact. venient day; and the delegates to the said SEC. 6. The legislature shall have power to convention shall be elected by the several regulate by law all matters which relate to counties of the State and the city of Baltithe judges, time, place and manner of holding more, in proportion to their representation elections in this State, and of making returns respectively in the senate and house of delethereof, provided that the tenure and term of gates, at the time when: said convention may office, and the day of election shall not be be called. affected thereby. Done in convention the 13th day of May, SEC. t. All rights vested, and all liabili- in the year of our Lord one thousand eight ties incurred shall remain as if this Constitu- hundred and fifty-one, and of the Indepention had not been adopted. dence of the United States the seventy-fifth. SEC. 8. The Governor and all officers, civil J. G. CHAP.MAN, and military, now holding commissions under President of the Convention. this State shall continue to hold and exercise Attest-GEORGE G. BREWER, their offices, according to their present tenure, Secretary to Convention. until they shall be superseded, pursuant to the provisions of this Constitution, and until State of Maryland, Court of Appeals, W. S. their successors be duly qualified. I, RIcHARD W. GILL, Clerk of the Court of SEc. 9. The sheriffs of the several counties Appeals aforesaid, do hereby certify that this of this State, and of the city of Baltimore, Constitution was this sixteenth day of May, shall give notice of the several elections au- in the year of our Lord eighteen hundred and thorized by this Constitution, in the manner fifty-one, filed in this Office. Witness my prescribed by existing laws for elections un- hand as Clerk. der the present Constitution. R. W. GILL, Clerk. THIIE CONVENTION BILL, PASSED JANUARY SESSION, 1864, UNDER THE PROVISIONS OF WHICH THE CONVENTION ASSEMBLED. SECTION 1. And be it enacted by the General the same ballot be may cast for delegates to Assembly of Mihryland, That on the first Wed- said Convention, the words " For a Convennesdafy of April next, at the same places tion" or "Against a Convention," as the where the polls are by law held in the several case may be; and in case there should be any counties and the city of' Baltimore for the ballots cast without the designation hereinbeelection of delegates to the general assembly, fore described, the same shall not be counted every person entitled to vote ior delegates to either for or against a Convention, but a septhe general assembly shall vote upon the arate return shall be made of the same by the question of the, call of a convention to frame judges of blection as aforesaid; and that at a new constitution and form of government, the'same election the legal voters of this by expressing in writing or in printed form, on State shall, by ballot, elect delegates to the 2-3 said Convention, whose qualifications shall precinct in the city of Baltimore, to be certibe the same as those now required for a seat fled by the judges of election under oath, it in the house of delegates; and each county shall be the duty of the Governor to order a and the city of Baltimore shall be entitled to new election, after ten days' notice, in said elect the same number of delegates to the said election district or precinct, but such return Convention as they now have respectively in and order of a new'election shall not interboth houses of the general. assembly of Ma- fere with the assembling of the Convention as ryland; and it shall be the duties of the sher-'hereinbefore provided; and provided, howiffs of the several counties and the city of ever, that at least sixty-five members shall be Baltimore to give notice of said election in elected according to the provisions of this the same manner and for.the same length of act, before said Convention shall organize; time as is now required in the election of del- and provided, further, that fifty members at egates to the general assembly of this State, least shall be necessary to constitute a quoand that the several judges of election of this rum after organization; and the judges of State shall receive, accurately count, and election shall at said election administer the duly;return the number of ballots so cast to oath or affirmation to every person offering the several clerks of the circuit courts of this to vote, whose vote shall be challenged on t;he State and to the clerk of the superior c,urt' ground that such person has'served in the of Baltimore city respectively, who shall, rebel army, or has either directly or indirectly within ten days after said election make a due given aid, comfort or encouragement to return to the Governor of the number of'bal- those in armed rebellion against the Governlots cast'for and against the call of a' Conven- ment of the United States, or is for any other tion, and of the number of blank ballots cast, reason not a legal voter in the manner and and also of the number of ballots cast for the form provided by section twenty-one, of artiseveral persons voted for as'delegates to said cle thirty-five, of the code of public general Convention; and in case any organized mili- law, relating to elections; and a judge or tary or armed force of the United States shall judges of election, failing to comply with the appear at the places where the polls shall be provisions of this act, shall be liable to'the held, and shall interfere with said election, same penalties as he or they would be by the unless such military or armed force shall be non-compliance with the existing election called out by the judges of election or other laws of this State. civil authority charged with the preservation SEc. 2. 4And be it enacted, That as coon of the peace, the said judges of election shall, as the Governor shall receive the return of the under oath, certify to the Governor such un- number of ballots cast in this State for or warranted military interference with said elec- against a Convention, and the blank ballots tion in such election district or precinct, and cast, it shall be the duty of the: Governor to the Govornor shall immediately thereupon count and cast up' the same, and if, upon order a new election'for delegates to'said casting up and counting said returns so' as Convention, after ten days' notice, to be aforesaid made to him, it shall appear to'the given to the sheriff as aforesaid, in such elec- Governor that more votes have been cast'by tion district or precinct, and such new elec- the legal voters of the State'in favor of the tidn shall be held and conducted in the'man- call of a Convention than have been cast her and form hereinbefore provided; and the against the call of a Convention, then it shall Governor shall order a new election for dele- be the duty of the Governor to issue his procgates from time to time, as often as such ille- lamation for the holding and assembling of gal military or armed interference with the said Convention, and of the'delegates duly election shall be certified to him as aforesaid; elected thereto, at the time and place hereinbut such order or orders for such new elec- after specified. tion or elections shall not interfere with SEc. 3. And be it enacted, That in''case hinder or delay the assembling of said Con- of a majority of the ballots cast shall be in vention as herein provided, if it shall appear favor of the call of a Convention as aforesaid, from the count that a majority of all the votes then'the said Convention shall meet at the cast in the election districts and precincts, city of Annapolis, on'the last Wednesday of where no such illegal military or'armed April, in the year eighteen hundred and sixinterference shall be certified to have taken ty-four, and shall continue in session from place, are in favor of the call of such Conven- day to day':until the business'for which said tion under this act; the said judges in the Convention shall have been assembled shall said return shall certify that.no organized be fully'completed and finished, and said military or other armed force had-appeared at Convention shall have full power and authorthe place where:the. polls had been held and ity to determine on the' Validity of the elecinterfered with said election, unless such mil- tion. and qualification of its membeis; and itary force shall be called for by'the said the compensation of the delegates to said judges of election, or other civil authority Convention shall be five'dollars per day, and charged with the preservation of the'peace; the:mileage'allowed to the members of the and in case of such, military. interference general'assembly of'the State;.and the said within any election district of the counties, or Convention shall have poWer to appoint such 24 clerks and other officers as they may deem ne- the Governor of the State, immediately issue cessary to facilitate the transaction of the public notice for a special election, to be held business of the Convention, and to fix their at the usual places of holding elections in said compensation, and the treasurer of the State county or city, not less than five or more of Maryland shall, upon the order of the than ten days after said notice, for the purpose president of said Convention, pay to each of supplying such vacancy. member thereof their per diem and mileage SEC. 6. And be it enacted, That the Constias hereinbefore provided, and shall also pay tution and form of government adopted by the officers of said Convention, upon the order the said Convention aforesaid, shall be subof the president, such compensation as the mitted for the legal and qualified voters of Convention shall allow; provided it shall be the State, for their adoption or rejection, at the duty of the speaker of the house of dele- such time, in such. manner, and subject to gates and of the president of the senate to such rules and regulations as said Convention provide a reporter of the debates and proceed- may prescribe; and the provisions hereinbeings of said Convention, who shall act until fore contained for the qualification of voters, the said Convention shall provide its own and the holding of the elections provided in officers. the previous sections of this act, shall be apSEC. 4. And be it enacted, That before any plicable to the election to be held under this member or officer of said Convention ehall en- section. ter upon the discharge of duties he shall take SEC. 7. And be it enacted, That in case of and subscribe before the Governor of this any refusal or neglect of any of the judges of State, who is authorized to administer the election, or of any clerks of the court, or of same, the following oath: "II do swear or any sheriff of any county or Baltimore city, affirm, that I will, to the best of my skill and to make any of the returns, or perform any of judgment, diligently and faithfully, without the duties required of them respectively, by partiality, discharge the duties of member of the provisions of this act, such judge, clerk or the Convention to frame a new Constitution. sheriff so refusing or neglecting, shall be liaand form of government; that I will support ble to indictment for such offence, and upon the Constitution of the United States, and conviction thereof shall be deemed guilty of a will be faithful and bear true allegiance to misdemeanor, and be sentenced to a fine of the State of Maryland and the government of not less than five hundred dollars and to imany State to the contrary notwithstanding; prisonment in the jail of the city or county and that I have never, either directly or indi- where such offence may have been committed, rectly, by word, act, or deed, given any aid, for a term of not less than six months. comfort, or encouragement to those in rebel- SEC. 8. And be it enacted, That when the lion against the Government of the UInited Governor shall receive the return of the numStates; and this I swear voluntarily, without ber of ballots cast in this State for the adopany mental reservation or qualification whatever, so help me God and that the Gover- tion or rejection of the Constitution submitted ever, so help me God;" and that the Gover- by the Convention to the people, if upon nor shall transmit to the said Convention, as counting and castion to the people, if upon soon after the organization thereof as may be counting and casting up the judges of election, as hereinbepracticable, a list of the members and officers to him by the udges of election, as hereinbewho shall have taken an d subscribed the oath fore prescribed, it shall appear that a majority as aforesaid; and that no person elected as a of the legal votes cast at said election are in delegate to said Convention shall be authori- favor of the adoption of the said Constitution ed or deemed qualified to enter upon the dis- he shall issue his proclamation to the people charge of his duties as such, until he shall te State declaring the fact, and he shall have taken and subscribed the oath as afore- take such steps as shall be required by the said and that any subscribednator or delegath as afore- said Constitution to carry the same into full said;, and that any senator or delegate may operation, and to supersede the old Constitube eligible to a seat in said Convention, but tion of the State. that no senator or representative in the Congress of the United States, or Judge of any Sec. 9. And be it enacted, That all ballots Circuit Court, Superior Court, Court of Con- cast at any of the elections to be held under mon Pleas or Criminal Court of the city of the provisions:of this law shall be written or Baltimore, Clerks of said Courts, Registers of printed on white paper, and any ballot or Wills or Sheriff shall be eligible to said Con- ballots written or printed on colored paper vention. shall not be received by said judges of elecSEc. 5. And be it enacted, That if any va-tion; and that this act shall be published tion; and that this act shall be. published cancy or vacancies occur by death, resigna- under the order of the Governor, in three of tion or otherwise, in either of the delegations the newspapers of the city of Baltimore, one hereinbefore provided for, either before or after of them to be a paper printed in German, and the qualification of said delegates, the sheriff one n each county where a newspaper is of the county or city of Baltimore, in whose printed, once a week for three weeks before delegation such vacancy may occur, shall, the day of election. upon information thereof by said delegation, SEC. 10. And be it enacted, That this act by the President of said Convention, or by shall take effect from the day of its passage. DEBATES AND PROCEEDINGS OF THIE laryland Constitutional onven.tion, CONVENED AT ANNAPOLIS, WY7' JD N E S DAY, A RI`L 27, 18641: WEDNESDAY, April 27, 1864. occupying a seat; for it would be in the power At 12 o'clock, I., Mr. HEBB of Allegany of any gentleman at once to disable him from county, moved that the Convention be tempo- taking any part in the Convention until he rarily organized by calling to the chair, lJr. should take the oath. STOCKBRIrDGJ of B~altilmore cit~y. hMr. STIRLING. Certainly it is necessary for Thie motion was agreed to, and us to know now who are qualified to act as Mr. STOcEBRIDGE1 took the c'hair. riembers of the Convention. If any one preMr. SCHLEY moved that JOSEPII B. PuGH of sents himself hereafter, who is not now qualCecil county be appointed Seclretary pro tensm. ified to act, he can present the proper vouchers The motion was. agreed to. to the Convention, or we can send to the GovM~r. STIRLING offered the following order: ernor for further information as to that partic"Ordered, That a Committee of five be ap- ular case. pointed by the Chair to wait upon the Gover- Ir. CHAIBERS. I only make the suggestion. nor and inform him that the Convention to I will not take up the time by moving an frame a new Constitution and form of govern- amendment. ment for the State of Maryland has assembled The resolution was agreed to. in the hall of the House of Delegates in accord- The Chair appointed iessrs Stirling, Berry ance with the Act of Assembly and his pro- of Baltimore county, Clarjle, Greene, and clamation of the 14th inst., and effected a te- Purnell, as the Committee, ho retired in the porary organization; and that said Convention discharge of the duty asigned them, and subdesires to be informed by him, who are shown sequently returned and reported that the Govby the returns made to him to be duly elected ernor would send a message to the Convention. to seats in said Convention, and have taken SELECTION OF SEATS. and subscribed before him the oath prescribed. Mr. CHAsBERas. I would ask permission to in the act calling said Convention." have another order passed to enable those who Mr. CHAMBERS. I would suggest to the are members of the Convention to act. Seats gentleman an amendment to his proposition, seem to have been occupied, by some sort of, to avoid. the necessity of having at a future process from a very early period after, and I time another similar resolution. Some gen- heard that some were'chosen even before the tlemen are absent, and of course they have election; and there are now left only here and not taken the oath. mentioned. It will be ne- there a single chair. Every gentleman, I cessary, therefore, whenever a gentleman ar- suppose, recognizes the propriety of having rives, to send again toinquire. I would sug- each delegation torgether. According to the gest the propriety of asking-the Governor for present arranpgement it is quite impracticable. the names of the persons elected; which would The little county which I in part represent, save further trouble. Of:course no gentleman having but three delegates, can find no place would appear here withont having taken the' where we may sit together. I,believe it is oath. That will be a matter of form essen- usual in all such bodies to have fair play, andtially necessary for him to go through before give all a chance to have the best seats as well 26 as to be placed in the worst. I will move the pears by the returns of the Judges of Election following resolution. that no election was held in the 4th district''Resolved, That a committee of - mem- of said county in consequence as it is said of bers be appointed by the Chair to arrange the a military interference; and a new election seats appropriate to the several delegations, so has been'ordered in said district. 1n the as to enable the delegates from each county to other districts of said coutnty the following occupy contiguous chairs." persons are declared to have received the Mr. NcaGLEY moved to add the following greatest number of votes, viz: Thomas Lansa'mendment: dale, George Peter, Edmund P. Duvall. "'Provided, That the delegations of the IPrince George's county-Daniel Clarke, several counties who are contiguously seated, Samuel H. Berry, Edward W. Belt, Fendall be exenmpted from the operation of the resolu- Marbury. tion." Qeueen Anne's county-John Lee, John Mr. CHABBERS. Of course that defeats the Brown, Pere Wilmer. purpose of the resolution. St. Mcary's colunty-Chapman Billingosley, Mr. TODD. As one separated from the dele- George W. Morgan, John F. Dent. gation of his county, I move that the whole Somerset county-Isaac D. Jones, Andrew subject be postponed until after a permanent G. Crawford, AWTilliam H. Gale, James U. Organization. I am informed by officers of Dennis, John C. Horsey. the house that a different arrangement of the Talbot county —Henry H. Goldsborough, seats will be made immediately after the ad- James Valliant, John F. Mullikin. journment to-day. Washington county —Henry W. Dellinger, The motion was agreed to. Lewis B. Nyman, Peter Negley, James P. LIST OF MEMBERS. Mayhugh, Joseph F. Davis, John R. Sneary. A message was received from the Governor Wor0cester county —Thomas B. Smith, Wil-.bmmunicating the following list of members liam T. Purnell, William H. W.' Farrow, elect, indicating thereupon those who had Francis T. Murray. taken the oath or affirmed. The above members had all taken the oath Allegany counzty-Albert C. Greene, Hope- or affirmed excepting the following: well Hebb, George A. Thruston, Jacob Wick- Messrs. Henkle, Thomas, Briscoe, Edelen, ard, Jasper Robinette. Stone, Mitchell, Johnson, Blackiston, LansAnne ArBundel county -Oliver Miller, Sprigg dale, Peter, Duvall, Marbury, Billingsley, Harwood, William B. Bond, Eli J. Henkle. Dent, Gale, and Smiith of Worcester county. Baltimore city-Samuel T. Hatch, Baltus H. On motion, the roll was called and all of Kennard, William Brooks, Henry Stockbridge, the above members, 80 in number, who had, Archibald Stirling, Jr., John Barron, William been qualified, answered to their names. Daniel, Edwin A. Abbott, Joseph M. Cush- Mr. BERRY of Prince George moved that ing, John L. Thomas, Jr., Joseph H. Audoun. the Convention adjourn until 12 o'clock toBaltinore county-John S. Berry, James L. morrow. Ridgely, William 11. Hoffman, Edwin L. The motion was not agreed to. Parker, David King, William H, Mace, Silas PEzIaANENT PRESIDENT. Larsh. Mr DANIEL moved to proceed to the election Carroll county-John E. Smith, Jonas!viva voce of a permanent President of the Ecker, Dr. John Swope, William S. Wooden. I Convention. Cecil county-Thomas P. Jones, George The motion was agreed to. Earle, David Scott, Joseph B. Pugh. Mr. STIRLTNGO nominated for President., HenCalvert county-James T. Briscoe, Dr. John ry [I. Goldsborough of Talbot county. Turner, Charles S. Parran. Mr. CLARnE nominated E. F. Chambers. Charles country —Richard H. Edelen, Frede- Mr. CHAMnBERS. I hope the gentleman will rick Stone, John W. Mitchell. not persist in that nomination. If so unlikeCalroline countZ/-Robert W\. Todd, James ly a thing should occur as that the bodyv should D. Carter, Twiford S. Noble. adopt the nomination made by my friend, -Dorchester cozunty-ThomasJ. Dail, Alward I should be compelled to plead physical inJohnson, Dr.,,Washington S. Smith, Thomas firmity. I am among the oldest men here; J. Hodson. and I should be very unwilling to accept a Frederick county-Samuel Keefer, Frederick nomination. Schley, David J. Markey, Andrew Annan, The Convention proceeded to vote viva voce Henry Baker, B. H. Cunningham, Peter G. for President, and five members had voted Schlosser. when flarfordcoleuny-William Galloway, George Mr. CuHAaBERS remarked that there being M. McComas, John A. Hopper, Thos. Russell. but one name before the Convention, it would floward county-Joel Hopkins, George W. save much time to elect by resolution. Sands, James Sykes. Mr. HEBB objected that the calling of the Kent coeunty-Ezekiel F. Chambers, David roll having been commenced it could not be C. Bla ckiston, George Sp. Hollyday. | suspended. M~ontgomery county.-.In this county it ap- -'The CHAIRMAN sustained the point of order 27 Mr. CHAMBERS stated that at the last Consti- not to overlook that respect and esteem that tutional Convention in the State there had is due from each one to the other. If I should been several candidates, and that the person be successful in the pursuit of such course, I receiving the largest number was then declared am confident that I shall be sustained and President by a resolution. animated by the exhibition of a similar spirit Mr. BEARY of Prince George moved that the on your part. We must expect to differ in calling of the roll be suspended in order to our views. Let us determine to present and permit the introduction of such a resolution. advocate them on all occasions in a courteous Objection being offered, and unanimous manner, one becoming a dignified deliberative consent being required, the calling of the roll body. By respecting the opinions of each was proceeded with. other we shall be the better prepared to subAll the members present voted for Henry mit with becoming grace to the will of the H. GQldsborough, except the following, who majority, that cardinal principle to be cherished were excused: by all alike if we sincerely desire the preMessrs. Miller, Harwood, Bond, Turner, servation and perpetuation of fiee institutions. Parran, Dail, Smith of.Dorchester county, I Thanking you for this manifestatioll of your HI-odson, Chambers, Hollyday, Lee, Brown, kind regards, I now enter upon the discharge Wilmer, Morgan, Jones of Somerset, Craw- of my duties, with the assurance of your ford; Dennis, Horsey, Clarke, Berry of Prince generous confidence, and an abiding hope that George's, Belt and Goldsborough. our labors muay redound to the peace, happiThe CHAIRMAN announced that Henry H. ness and prosperity of our State. Goldsborough had received 58 votes, and was On motion, therefore duly elected President of the Con- The Convention adjourned until 12 o'clock vention. M. to-morrow. Mr. DANIEL moved the appointment by the Chair of a committee of three members to SECOND DAY. wait upon the President elect, inform him of his election, and conduct him to the chair. THURSDAY, April 28, 1864. The motion was agreed to. The Convention was called to order by the The CHAIRMAN appointed Messrs. Daniel, President. Berry of Baltimore county, and Clarke. Prayer was offeredby Rev. Mr. Davenport. The President of the Convention having The roll was called and 78 members answered been conducted to' the chair, addressed the to their names. Convention as follows: The credentials of Mr. BRIscoE of Calvert, GENTLEMEN OF THE CONVENTION: —It is with Mr. MARBURY of Prince George's, Mr. GALE much diffidence that I enter upon the execu- of Somlerset, Mr. SMiTH of Worcester, and of tion of the duties of presiding officer of this Mr. HENICLE of Anne Arundel, all of whom body. I am well aware of the responsibilities had taken the necessary oath before the Govbelonging to such a position in ordinary times, ernor, were presented by their colleagues, greatly increased as they must be in a period and they took their seats in the Convention. like the present, when the passions of men are Subsequently, on motion of Mr. KENNARD, aroused by the exciting events of each day, the Secretary was instructed to enter upon the demanding in the position I now occupy the journal that the absence of JOHN L. THOMAS, exercise ot more than the usual amount of for- Jr., of Baltimore city, was occasioned by bearance and control. I need notremind you sickness. with what solicitude the people of this State The journal was read. are watching our proceedings. I am sure I PERSONAL EXPLANATION. do not speak with unauthorized hope when I Mr. CHAMBERS. I rise more for personal venture the prediction that you will bring;to explanation than for correction of the journal. the performance of your several duties a fidel- A remark is ascribed' to me which I could not ity, attention and an enlarged patriotism, have made. " If so unlikely a thing should equal to the expectation of those who sent us occur as an election by the party to which I here for the purpose of organizing anew the belong." There could hardly be anything institutions'under which we live. At any said more foreign to the real condition of mattime this is an important duty: at the present, ters so far as I;, or the gentlemen who sent me it cannot be performed without a zealous de- here, are concerned, than this statement. I termination to do our whole duty irrespective was absent when I was nominated to this of personal considerations. Convention. When I returned I received a I will not advert to the present condition of communication from two gentlemen, professour State or National affairs. I deem it ing to be the Chairman and Secretary, who mos.t prudent to leave these to the impartial notified me that I had been nominated to the judgment of each individual member. While Convention by a meeting consisting entirely seeking to exclude fronm our deliberations all of persons opposed to a Convention, without partisan prejudices, I beseech you to devote any other qualification. I said in answer that yourselves sedulously to the work before you; I had not been a member of any one of the and while in the performanee of our duties present existing political parties for years. I 28 was a long, time out of all political party not according to the mode prescribed by the organizations. I was on the bench for a num- rules of the House of Delegates? ber of years, acting in accordance with my Mr. CLAREIC. No, sir; if the amendment own opinion. Since then I have not been should prevail there would be in this body no and am not now connected with any party. I provision with reference to calling the pream not here as a party man. I do not mean vious question until the committee-shall reto act as a party man. I do not think it pro- port rules for the government of the body. per to. act as a party man I think my lan- Mr. STIRLING. If the effect should be merely guage was that if so unlikely-a thing should to throw the Convention back upon the ordinoccur as that the body sho.uld adopt the nom- ary parliamentary rule in relation to the preination made by my friend:, it would then be vious question, I see no objection to the my duty to plead the infirmity of age. I want amendment. But if the effect were to he to to disclaim the expression attributed to me, take away from the Convention the right to because my friends at.home would be rather call the.previous question, I should object to surprised to find that after disclaiming there it, and it might have that effect. for years all connection with party, I spoke Mr. BRIscoe. I would suggest that the rules on the very first day of the session, of the party adopted by the last (Convention be the rules of to which I belonged. There is no party which this body until the report of the Committee claims me as a member. I bear allegiance to shall be made. The proposition of the genno political party. I will endeavor. to serve tleman from Baltimore city (Mr. Kennard) the State. If a proposition comes from one designates the rules of the last House of Delside of the House, from any member, which egates. I propose that we adopt the rules of seems'to me conducive to the interests of this the last Constitutional Convention,. in 1850; State, I will adopt it with just as much cor- which were adopted, I believe, after considerdiality from the lips of a man on one side as able deliberation. I do not press it, but if from the lips of a man upon the other. it meets with the concurrence of the gentleman OFFICERS OF THE CONVENTION. it seems to me that it will remove the difficulty and cover the suggestion made by my friend (n motion Of Mr. CUSHING, from Prince George's (Mr. Clarke.) Ordered; That the following persons be deMr. SANDS. I find by reference to the prodared appointed to the offices of this Convention for which they are respectively named:ceedings of the last. Convention that the last Secretary —W. R. Cole, of Baltimore city. proposition is substantially that, of the amendAssistant Secretary-John H. Shaw, of Alle ment, offered by the gentleman from Prince gaiiy county. Sergeant-at-Arms-A. D. George's. On page 28 of the proceedings I Evans, of Baltimore city. Committee Clerksfollowing: C " Resolved, Thata Committeeofseven mem-Win. R. McCulley, of Allegany counly; Thomas Tipton, of Carroll county; George bers be appointed by the President to prepare Johnson, of Ceil county; S. C. Gorrell, of and report rules for the government of the Harford counlty. Doorkeepers-Moses 0n- Convention, and. that, in the meantime, the der, of Frederic k county; Char les Whitterules of the House of Delegates, so far as the mole, of Baltimore county. Postmaster-A. same. are applicable, except. the rule for the ol'e, of Baltimore county. Postmaster A. J. Lan sdorf, of WTVa~shilngton county. As previous question, and that two-thirds should, sistant Postmaster-Whi. Denny, of.Howard be required to alter any rule, be adopted." sistnt PFoldsters —tC im. Tenny, of lowar The two are identical with the exception of county. Fles-Cli Tta o r-the last clause that two-thirds should be reline county; Charles Collins, of Worcester county. Atndtfurther ordered, That the-Presi- red to alter any rule. Mr. BRISCOE. I recollect that so far as the dent of this Conventione appoint four (4) modification proposed by the gentlemAn from Pages, one Lamligter, one all eeper. Prince George's (Mr. Clarke) is concerned, it RULES OF ORDER. is identical with the proposition I suggested. Mr. KIENNARD moved the following resolu- The difference was with reference to the twotion:: thirds vote; mine. covered. the whole. I Resolved, That a:committee- of five members- merely proposed it. I do not intend to press be appointed:, by the President to prepare and it at all. report rules' for the government of this Con- Mr. STIRLING. I should like to be informed venfion, and that in the meantime the rules of what will. be the effect of this amendment.. If the last House: of Delegates, so far as the same it leaves us the. previous question subject to are applicable, be adopted. the ordinary parliamentary rule, whatever. Mr. CLARKE moved to amend by. adding that may be, I should not object; but if the thereto: Convention is not to have the power to call " Except relating to the call of:the previous the previous question, I cannot vote for the question", amendment. Mr. STIRmING. 1. do. not exactly,understand Mr. CLARKE. I: will modify the amenmenment what my friend from'Prince George's means to meet the case. I do. not presume this body by that amendment. Does he mean to. say desiresentirelyto.d.eprive itself of the ordinary that. the previous question may be called, but rule in relation to the subject. I. move the 29 amendment in this form:-" except the rule the previous question for the purpose of chokof the House of Delegates relating to the call ing off fair debate on any proposition that of the previous question." may arise in this body. I make this remark Mr. STIRLING. I see no objection to that. now, sir, that we may have an understanding Mr. CLARKE. That leaves the previous in the start. There are very grave questions question pubject to the ordinary rules of legis- which must come before us. I want to hear lative bodies. If we have no previouns ques- all that can be said upon them. I do not fear, tion under the ordinary rules of legislative so far as I am concerned, debate, or a fair bodies, I desire that this Convention should hearing upon any question which shall come stand in that position until we get a report before us. We are here, in our humble defrom' the committee. gree, to form public sentiment in consonance Mr. DANIEL. I believe that there is no other with the organic law which we propose to previous question provided for by parliamen- form for the State. Truth can do no harm. tary law, except in the.manner provided for Light can shut out no principles fiom any by the lrules of the House of Delegates. I do one. I am for a full discussion, a fiee hearnot think this Convention ought to deprive ing, and a fair settlement of all questions itself' of that power. It may be a necessary which can come before this body. I make power. I trust that each member of this Con- these remarks to assure gentlemen who may vention will extend a due courtesy to the other perhaps entertain views differing from mine, members. But we do not know when this that while my own views, at least to my own committee will report, and I do not think it satisfaction, are matured, I want to hear the is proper for the Convention to deprive itself' views of all gentlenten. I am not afraid that of the power of calling the previous question. whatever is said here, for or against, should go MIr. KENNARD. As the mover of the reso- these remarks to notify gentlemen who may lution, I think it proper to say that it was to our great jury-the people. I merely make after deliberation thatI camne to the conclusion entertain views differing from mine that while to omit the two classes of rules referred to, as I shall vote against this amendment, it is not having been excepted by the last Convention. for the purpose of cutting off fair debate. We do not know how long the report of the Air. CLARKE. The reason for offering the committee may be delayed, and I should prefer amendment to the proposition of the gentlethat the resolution should be adopted as origin- man from Baltimore city (Mr. Kennard) is ally offered by me. this. The rule of the House-of Delegates, is Mr. ScHLEY. I confess I do not understand the 23d rule, to be found on page 7, and is why any one of the rules of the House of thus: Delegates should be proposed to be excepted "The previous question shall be in this particularly at this time. I am free to con- form,'Shall the main question be now put?' fess that I do not know what is the rule of the It may be called for oni any question except House of Delegates relative to the previous on an amendment or other matter which canquestion without reference. I do not know, not in its nature be postponed; and when and desire to be instructed, what is this rule demanded by a majority of the members that it is proposed to except from the ordinary pliesent, it shall, until it is decided, preclude rules of the House of Delegates, that may be all further amendment and debate on the applicable to the deliberations of this Conven- main question." tion. I shall oppose the amendment until' On referring to the Journal of the Proceedbetter informed, and until I can see some rea- ings of the last Constitutional Convention, I son for the exception. As the other proposi- find that in adopting these rules, the Convention, relative to the two-thirds rule, has been tion at the outset provided in the adoption of withdrawn, it is unnecessary for me to refer that order, that the rules of the House of Deleto that. gates should not apply, so far as calling the Mr. HEMB. I am opposed to the amendment previous question -was concerned. I accept offered by the gentleman from Prince George's, the remarlks of the gentleman from Howard for the reason that it will deprive the Conven- (IMr. Sands) as no doubt bearing the true tion of the privilege of calling the previous interpretation of the sense of this body that question-when the rules come up for conside- there is no desire on its part to cut off true ration. It may be necessary then to go into a and.proper and legitimate debate. But cerlong discussion upon the rules, and it may be-' tainly, having seen that this is the rule which come necessary to call the previous question was adopted by the last Convention, and upon their adoption. I am opposed therefore knowing further that it may be some time to the amendment, and in favor of the origi- before we may get a report from this comnal motion. mittee, it being possible that even during the Mr. BAaRON. If we are to take the rtiles of whole session of this Convention these may the House of Delegates we would better take be the rules by which we shall be governed, them all, or none. and that we may be able to agree upon no Mr. SANDS. While I shall oppose the rules of order, knowing also that important amendment of the gentleman from Prince questions may be before this body prior to the George's, I for one shall not make any use of adoption of rules of order by this Convention 30 if any such rules should be adopted prior to 1. A Committee to consider and report upon the adjournment, I simply desire, for the pro- the Declaration of Rights. tection of the minority, that there may be 2. Upon the Executive Department. some such provision adopted, similar to that 3. Upon a proper basis of Representation adopted by the last Convention to secure the in the two Houses of the General Assembly, privilege of fair and free discussion. I have and a properapportionment of Representation no desire to press the amendment. I am per- in the same. fectly willing to leave it entirely to the ma- 4. Upon the Legislative Department. jority of the Co0vention to say whether it 5.. Upon the Judiciary System of the State. shall be adopted or not. But I think it just 6. Upon the State's Attorneys. and right, and due to the minority for its 7. Upon the Treasury Department. protection, when various important matters 8. Upon the Elective Franchise and the may be before the Convention. Afterl the Qualifications of Voters. statement of the gentleman from Howard 9. Respecting the Militia and Military (Mr. Sands) I should perhaps have had no Affairs. desire to offer the amendment, but for the 10. Respecting Education and the Encourremark of the gentleman from Baltimore city, I agement of Literature. (Mr. Kennard) that the matter had been care- 11, Respecting the Rights, Duties, Divisfully considered, showing that the resolution ions and Sub-Divisions of counties. had been offered in this way to exclude this 12. Upon a schedule of such provisions or very privilege by retaining the rule with re- ordinances as it may be desirable for the Conference to calling the previous question. vention to adopt in order to carry into effect Mr. SANDS. I think thatthe origin of the rule any amendments of the Constitution upon for the previous question was, not to embarrass which it may decide. minorities, but to protect majorities who might 13. Respecting futiure amendments and rebe embarrassed in legislation by factious op- visions of the Constitution. position of ever so small a minority. It was Mr. STOCKBRIDGE said: I offer this as a suba rule for the furtherance of the business of stitute for the order of the gentleman from the body. The rule was devised to protect Cecil, simply as a means of expediting the legislative bodies fronm the delay of merely business before this body. If the order subfactious opposition. While I say that in any mitted by the gentleman beadopted, and such fair debate I will never call the previous ques- a committee be appointed by the Chair, they tion, I should certainly claim the right and necessarily cannot report until to-morrow, or power to call it as against factious debate probably until next week. The committees merely, if I believed it so to be. I think the necessary to refer these several matters to, whole spirit of the rule is simply to protect must then, after proper deliberation be aplegislative and deliberative bodies against fac-pointed by the Chair. Although I may not, tious opposition. The minority will not be in this order which I have framed, have eminjured by it; but without it asmall minority braced all the committees which it will be may seriously hinder the action of the body. necessary for the Convention to raise, to have The amenldment to the resolution was charge of this business, yet I certainly have rejected. included the leading topics which it will be The resolution, as offered by Mr. Kennard, necessary to refer to committees, and I have was adopted. included all those committees upon which COMMITTEES. will rest the great burden of the work. Those committees may be appointed by the Chair at Mr. EARLE offered the following resolution: once, and any other committees which it may Resolved, That a committee of seven be ap- he found necessary hereafter to appoint, may pointed by the President to consider and re- be appointed when the occasion for them beport the most expedient method of' presenting comes manifest. to this Convention the forms and provisions of a new Constitution. a new Constitution. Mr. EAR.E accepted the substitute offered by Mr. STocKBaRIDGE offered the following as a substitute for the resolution submitted by Mr. Mr. BELT. I would suggest that some of Earle: these Committees ought to contain more memOrdered, That Standing Committees, to bers than seven, I should suppose. The Comconsist of seven members each, be appointed mittee on the Judicial System, and that on the by the Chair, to take into consideration the Representative Basis it seems to me ought to propriety and expediency of making any, and have at least nine; nine or eleven or some odd if any, what alterations and amendments in number. the several distinct subjects embraced in the The PRESIDENT I think the last Convention Constitution, and confiled to them respective- had one from each county. ly, with the power of conference between any Mr. BELT. I will move that there be added and all of said committees, and to report the to the provision for the third committee, upon result of their deliberations to the Convention the Basis of Representation, the words: at the earliest practicable day, viz: | -" and said committee shall consist of one 31 member from each county and one from the i adding the third one-Rev. Mr. Owen; and city of Baltimore." Rev. Mr. McNamar; I believe there nre four That committee, I think, should be a com- of them. mittee of twenty-two; one from each county Mr. SANDS. I think it was stated that and one from the city of Baltimore. I will there were but three clergymen here; and also move to add to the provision for the fifth that the omitted name is that of Mr. Owen. committee, that upon the Judiciary system of Mr. STIRLING. I have no objection to Mr. the State, the words: Owen; if it stops there. I do not want it to -" and said committee shall consist of go any further. thirteen members." Mr. SANDS. Then I will stop right there. The question was stated upon the first of Mr. EARLE moved to include the name of said amendments, that the Lommittee upon Rev. Mr. Clem. Representation should consist of one member Mr. DANIEL. It seems to me that if we had from each county and one from the city of adopted the first order we should have accomBaltimore. plished all we desire, and in the best manner Mr. BELT demanded the yeas and nays, that is, to appoint a committee to wait upon which were ordered, and being taken, re- the several clergymen and ask them to arrange sulted-yeas 33, nays 48 —as follows: it among themselves. We make invidious Yeas —Messrs. Goldsborough, President, distinctions the moment we undertake to Harwood, Bond, Henkle, Berry of Baltimore select the clergyman from one church in precounty, Ridgely, King, MlIace, Larsh, Smith ference to that from another. There are two of Carroll, Briscoe, Turner, Parran, Todd, ministers here of the Methodist Church, and Carter, Noble, Smith of Dorchester, Hodson, Mr. Clem, also, who I think has no appointHopkins, Chambers, Hollyday, Clarke, Berry ment, and is a very worthy man. There are of Prince George's, Belt, iMarbury, Lee, two, and I understand there is some difficulty Brown, Wilmer, Morgan, Jones of Somerset, between the churches. At any rate it would Crawford, Gale, fIorsey-33. not be right for us to make any distinction Nays-M-Iessrs. Greene, Hebb, Thruston, between them. The first resolution was exWickard, Robinette, Hatch, Kennard, Brooks, actly copied from the proceedings of the last Stockbridge, Stirling, Barron, Daniel, Abbott, Convention, and I think that would be the Cushing, Audoun, Hoffman, Parker, Ecker, best and the fairest way for us to-adopt. Swope, Wooden, Jones of Cecil, Earle, Scott, Mr. STIRLING. The proposition which I Pugh, Keefer, Schiey, MarkleS, Annan, Baker, offer is the mode which has been pursued here Cunningham, Schlosser, Galloway, McComas, certainly at the last session of the Legislature Hopper, Russell, Sands, Vallianti Mullikin, and with that which preceded it In these Dellinger, Nyman, Negley, Mayhugh, Davis, times I am not willing to invite any man in Sneary, Smith of Worcester, Purnell, Farrow, here unless I know who he is. I will not vote Murray-48. for a resolution which invites people in here The amendment, therefore, was rejected. I generally. The gentlemen named in my Mr. BELT withdrew the second amendment amendment I know, and I think three are offered by him. plenty. I included only two because I thought The question recurred upon the adoption of two were enough; but I was willing to acthe order as offered by Mr. Stockbridge and cept the proposition of the gentleman fiom accepted by Mr. Earle. i Harford so as to include this o he, gentleman. The order was adopted. Beyond that I am not willing to go, and hope APPOINTMENT OF CHAPLAINS. the Convention will not. Mr. PURNELL offered the following resolu- Mr. CLARKE. I do not know wlvhat the fact tion: is, but I think it very probable. that there Resolved, That a committee of three be ap- may be some colored clergymen in the city, pointed to wait upon the reverend clergy and I should like to know whether this emresident in this city, requesting them to make braces the colored clergy. To adopt it, might an arrangement among themselves by which place us in that position. one of their number alternately every day M ir. SANDS. I take this, the first occasion, will attend this Convention and open its to give a direct contradiction of something sessions by prayer. which has been said about certain classes of Mr. STIRLING. I do not think it is requisite people in Maryland. It is a very good occathat we should have all the clergymen in sion, and I accept it as such. In future, on Annapolis. I do not know who they are or this subject of colored clergy or colored anywhat they may be in religion or anything body, I want it to be understood that in this else; but I do know some of them; and offer respect I am a Radical, that I am for a radical this as a substitute: difference between and separation of races. I " Ordered, That Rev, Mr. Davenport and do not want any colored clergy here; and I Rev. Mr. Patterson be appointed Chaplains do not suppose any gentleman here wishes it. to the Cqnvention." Of course [ take the remark as humorous, on Mr. HOFFMAN. I believe there are only the part of the gentleman from Prince bhree clergymen here. I move'to amend by George's, (Mr. Clarke.) But I take the op 32 portunity of saying for myself, that I am for COMMIITTEE ON ELECTIONS. the utter unmixing of too long mixed races. NMr. JONES of Somerset. I beg to inquire Mr. HOFFMAN. I understand there are three whether there is a Committee on the Election denominations of Christians here; and I hope and Qualification of the members of this body we shall take one of each; taking Mr. Owen provided for.:If not, I apprehend that it is as a Methodist. an omission that ought to be provided for. The question was stated upon the amend- Mr. STOCKBRIDGR. That was not embraced ment offered by Mr. Earle to the substitute in the order which I offered, as I was under offered by Mr. Stirling. the impression that the Governor's return to Mr. HEBB. I am not exactly prepared to iusof the persons duly elected and who had vote upon either of these propositions. IJi taken the oath was sufficient. If any gentletherefore move that the further consideration man thinks otherwise, it is perfectly compeof this subject be postponed until, Wednesday'tent to offer another order to cover the omisnext, and that the President request some!;sion. I, of course, have no fuirther control clergyman in the meantime to officiate at each i over that order, since it has been adopted by morning session. the Convention. The motion was agreed to. Mr. BELT. I do not suppose any parliaCO2MAMITTEES. mentary body ever assembled without providing for a Committee on Elections. SupnMr. STocmBRlDGE offered the following order: pose a contest should arise with regard to any Ordered, That Standing Committees to con- person claiming to be a member, we should sist of five members each to be appointed by need a committee to refer the papers to. the Chair, as follows, viz: Mr JONES of Somerset submitted the fol1st. A Committee on Accounts. lowing order: 2d. A Committee on Reporting and Print- l Ordered, That the President of the Convening.! tion appoint a Committee on Elections to con3d. A Committee on Engrossment and Re- sist of- members,- to report upon the vision. I election and qualification of members of this Mr. STOCKnBRIDGE said: I offer this as a dis- Convention. tinct order from the former one, for the reason On motion of Mr. SANDS, that that order included only those Commit- i The blank was filled with I" seven." tees which it was designed should report! The order was then adopted. matters to form essential parts of the Consti- DOCUEMNTS.OR MEMBERS. tution. These are merely the means or the Mr. BAKER submitted the following order: machinery of the Convention in supervising Ordered, That three copies of the Convenand expediting its work. tion law be furnished to each member on The order was adopted. Tuesday morning next.,IISC13LLBNEOUS. I ~Mr. BERRY of Baltimore county. I should Mlike an explanation of the meaning of that The Secretary elect and other officers, hav- order. I do not comprehend it. ing taken the prescribed oath, entered upon Mr. BAKER. My reason for offering that the duties of their offices. order was that we may often be at a loss conOn motion of Mr. KENNARD, cerning it, and it would aid us if we had it Ordered, That five additional copies of the on our desks to refer to, and would prevent daily'journal be printed. for the use 6f the unnecessary debate. Convention, and that an equal number be Mr. BERRY of Baltimore county. I underdistributed to the members. stand the order to be for three copies for each On motion of Mir. CusHINs, member. Ordered, That when this Convention ad- Mr. BAKER. Only in case they should be journs, it shall be to meet.on Tuesday next at taken away or lost. I am satisfied with one. noon. On motion of Mr. JONES of Somerset On motion of Mr. DANIEL, The order was amended by striking out Ordered, That the President of this Con- "three copies," and inserting "one copy." vention be authorized to have re-arranged the Mr. STocaKIRDGE. To be furnished by seats on this floor, so as the better to suit the whom? convenience of members and promote the de- On motion of Mr. BERRY of Baltimore spatch of business. county, On motion of Mr. ECIOER, The order was amended by adding words, Ordered, That the hour of daily meeting of " by the Librarian." this Convention be 12 o'clock M. until further Mr. ABBOTT moved that the order be further ordered. amended by adding, "and also one copy of Mr. SCOTT offered the following order: the Constitution and Bill of Rights." Ordered, That the Librarian be required to Mr. BAKER accepted the amendment. furnish the members and clerks of this Con- The order as amended was adoptpd. vention with gold pens., On motion of Mr. STOCKBRIDoE, The order was rejected. i The Convention adjourned,. 33 THIRD DAY. might think it proper to suggest to be incorTUESDAY, Vay 3, 1864. porated in the Constitution. Itwassimply to follow that precedent, and to provide for In the absence of the President, the Conven- those offices which would not appropriately tion was called to older by the Secretary. come before any of the committees yet constiOn motion of Mr. PuGH, tuted, that I offered the order that this comMr. STOCKBRIDGE, Was appointed President mittee might be appointed with the others, pro tern. and that there might be no delay. Certificates of the qualification of Messrs. Mr. STIRLING. I should like to have furBlackiston, Billingsley, Thomas, and John- ther time; and I move to postpone the further son, were presented, and these members ap- chnsideration of this order until after the appeared and took their seats. pointment of the Standing Committees already On Lmotion of Mr. DANIEL, ordered. Ordered, That a vote of thanks be tendered The motion was agreed to. to Mr. PUGH, of Cecil County, for the efficient Mr. PURNELL. I should like to make a few manner in which he has discharged the duties rdmarks on this question before it is decided. of temporary Secretary of this Convention. Mr. DANIEL moved to reconsider the quesOn motion of Mr. DANIEL, tion of postponement. Ordered, That a copy of all documents AMr. PURNEIL. If it is now in order I wish printed for the useof the members of the Con- to make a few remarks favoring the motion vention be furnished to each of tale official of the gentleman from Prince George's (Mr. reporters, and that the same be furnished to Clarke.) I think it eminently proper that wve each of the reporters ot the press having seats should have such a committee as he suggests. upon this floor., If we are to be governed by precedent, cerOn motion of Mr. BILLINGSLEY, tainly there was such a committee appointed Ordered, That it be entered upon the Jour- by the last Convention. Looking over the nal that JOHN F. DENT, a member elect from catalogue of the committees proposed to be St. MAary's County to this Convention, is ab- raised by the order submitted to and adopted sent from his seat in consequence of the indis- by the Convention, a few days ago, there position of his family. does not seem to me to be any committee FURTHER STANDING COMMITTEES. whose duty it will be to examine the subject Mr. CLARKE submitted the following order: contemplated in the order submitted by the Ordered, That a Standing Committee to gentleman from Prince George's. I see no neconsist of seven members, be appointed by the cessity for waiting for the announcement of the President of the Convention, to consider and committees before acting upon this matter. report respecting the appointment, tenure of If it is necessary to appoint such a committee office, duties, and compensation, of all civil at all, I see no reason why it should be postofficers not embraced in the duties of other poned. I am prepared to vote for the order; Standing Committees. and I think it desirable that the appointment Mr. STIRLING. It strikes me that the Con- of this committee should be cotemporaneous vention supposed the other day that they had with that of the others ordered a few. days divided the work among the several commit- since. tees sufficiently to embrace at least what seemed The motion to reconsider was not agreed to to them at that time necessary. I should -ayes 33; noes 38. much prefer that those committees should Mr. HoPKINs submitted the following order: have some time, after they are appointed, to Ordered, That a Standing Committee of see whether they have the subject matter of - members be appointed by the Presithe Constitution sufficiently referred to them, dent to consider and report upon the subject before we appoint further committees. I think of Emancipation of Slaves in this State. the order is hardly necessary, and certainly Mr. STIRLING. I think that is already covdo not feel prepared to vote for it at this stage ered by the committees already ordered. It of the Convention. certainly was so understood. Mr. CLARKE. There are certainly various Ma. BELT. What committee, under the officers provided for in our present Constitu- present arrangement, will have the consideratution, which would not properly come before tion of the Emancipation question, if such a any of these committees. There is a Surveyor question should be raised? provided for in our Constitution, and a Wreck- Mr. STIRLING. I should suppose, without master, for instance; and I do not know speaking for the gentleman who made the whether constables would properly belong to motion, that that subject properly belongs to any of those committees. By looking through the Committee upon the Bill of Rights. I bethe Constitution we shall find several:other lieve that every State which has heretofore officer, provided for, and not included here. taken action upon this question in its Constitn referring to the proceedings of the last tution, has done so in its Bill of Rights. I Convention, I find that a committee was con- see no occasion for a special committee, espestituted to consider and report upon such cially as the different committees will have ffices, and any new offices that any;member the power to confer with each other to see by 34 which any particular subject can most appro- mittees of the Convention have not yet been priately be acted upon. appointed. Many members are absent-not a Mr. HOPKINS I accept the explanation, great many; and while I do not like to speak and withdraw the order. of anything that takes place outside, I think MOVING TO BALTIMORE I may say that there was an understanding Mr. SCOTT submitted the following order: that there was to be some consultation upon Whereas, The City Council of Baltimore this matter before we should be called upon to have tendered to this Convention, free of cost, vote upon it. This morning I think it has a hall for our sessions; therefore taken most of us by surprise. I had -no idea Ordered, That we. accept their generous offer whatever that the matter was to be brought and adjourn to that city as soon as the Con- up until a few moments ago. I would move vention are in receipt of information that a to substitute in the motion, that the further suitable hall is ready for our reception. consideration of the order should be postponed Mr. BERRY of Prince George's. The change until to-morrow. I want to get rid of it one contemplated by that order is onein which we way or the other. feel a very deep interest, and I think it shodld Mr. BERRY of Prince George's. 1My object be very ftlly considered before being acted in postponing it a week was to notift memupon, and that it should be`considered when bers of' the Convention who are absent many we have as full a Convention as possible. I of them at their homes at a distance from this move that the consideration of the order be place,' in order that they may participate in postponed until Tuesday next. Our President the action upon this proposition when the vote is absent, and a good many members of the shall be taken. I do not know that we shall Convention, and there arelnany reasons why be in a better condition to act upon this order it should be considered before being acted to-morrow than we are to-day. There would upon. be no opportunity for giving proper notice Mr. SCHLEY,. I will ask if there is any corn- that this great and important question is to be mittee here from the city of Baltimore to make decided, if the vote is to be taken to-morrow. this tender to the Convention, and if so, how I am not anxious that Tuesday should be fixed they have communicated their instructions. upon as the day for acting upon the order, I saw in the newspapers that such a resolution but I do think that time ought to be given for had passed, but I think we ought to" have all members who are absent to be present and something more than that to base any action vote upon the order when the vote shall be of the Convention upon, either to-day or here- taken by the Convention. after. I therefore ask if there is any official Mr. BELT. It seems to me that the proper invitation from the city authorities of Balti- way is for the Convention to rid itself altomore, through any parties authorized by them gether of the consideration of this subject at to make this tender. the present time. I do not see that it cornMr. BERRY of Baltimore county. Before ports with the dignity of this body to be conthat question is answered I will inquire if the sidering now whether it shall accept an inviConvention has asked of the city of Baltimore tation which it has no knowledge has been any such provision. tendered to it at all. Neither this Convention, Mr. HEBB. I suppose the City Council of nor any member of it, is officially informed of Baltimore can extend an invitation to this any action of the City Council of Baltimore. Convention without being asked to do so by We are going entirely too fast, it seems to me, the Convention. But we should first receive to consider at all the proposition of the acthe invitation, before acting upon it, and if ceptance of an invitation that may be hereno such invitation has been sent to any mem- after extended to us by the city of Baltimore, ber of the Convention, I suppose we are not I would therefore suggest to my colleague prepared to act upon this order. (Mr.: Berry) that the proper motion under Mr. BERRY of Baltimrore county. Then if the circumstances would be to lay the subject any gentleman present has any information of on the table. If any invitation shall be made, such an invitation, received from the City then I shall be inclined to consider iwhat our Council of Baltimore, I ask that he present it response ought to be. to the Convention. Mr. DANIEL. It is known through the pubMr. STIRLING. TI am in favor of this motion lic press that some action has been taken by to postpone, but I fear'the gentleman from the City Council of Baltimore in relation to Prince George's (Mr. Berry) would miss the this matter, although it has not been officially object he has in view by the delay he has communicated to this body, and that their named. I am aware that thereis a very strong action is in -effect an invitation to this Condisposition among a great many members of vention to adjourn to Baltimore, where they this Convention to adjourn to Baltimore. I offer to provide us with suitable accommodathink it behooves us to give due consideration tions free from cost. If any member has a to the' subject and decide it. But Tuesday copy of their resolutions, t would most renext is a long way ahead; and I should much spectfully ask that they may be read. prefer a postponement to an earliqr day. We Mr. BERRY of Prince George's. if the have elected our presiding officer, but the com- amendment of my friend from Baltimore city 35 (Mr. Stirling) prevails, the Convention will for the sessions of this Convention. We have act upon a grave matter without having re- the Odd Fellows' Hall, with 180 seats in it, ceived any information of what preparations desks and all, complete, that we can get. have been made for the reception of the Con- Temperance Hall, we can get. Rechabite vention, and without knowing whether we Hall, we can get. We have plenty of them; shall be better accommodated in the city of as many as we could ask for. I assure you Baltimore than here. Are we to take a vote that that invitation was not extended as an upon the question of moving from the seat of empty courtesy. government the Convention for the formation Mr. SCHLEY. There has been no informaof the organic law of the State, to a distant tion given in response to my inquiry; but I city without knowing what preparations will find in the newspapers the information which be made for us, or whether we shall be as was published; and I have no doubt of its comfortable there as here? Our State authenticity Nor do I doubt that the action Library is here; our Governor is here; our was in good faith, nor as to the ability of the Treasurer is here; and all will be absent from city authorities of Baltimore to provide a the city of Baltimore. If it is the will of the proper place. I will not enter here into the majority of the Convention to move to Balti- discussion whether it is advisable or not fbr more city, let us be first informed, before we us to accept the invitation when it comes to act, what preparations have been made there us in form. That is a matter which I presume for our convenience and accommodation.' I i the Convention will determine upon in due the question is acted upon to-morrow, the time. But I see appended to the resolutions amendment of my friend being adopted, we themselves the statement that Messrs. Dukeshall be without any infbormation, and without hart, Wtayson and Lamdin, of the First any official communication from the layor or Branch, and Messrs. Evans, Markland and City Council of Baltimore on thet subject. Wilmot, of the Second Branch, were appointed' We shall be acting in the dark; and it may be as a committee to carry the resolutions into that we shall have to reconsider the vote that effect, to tender the invitation, &c. I supwe tlke to-morrow if the amendment pre- posed that this committee were here in form vails. I think then that we ought to pqst- to present this invitation. Certainly I should pone it for a sufficient length of time to get be exceedingly. reluctant to take any action all this information, and to give an opportu- whatever on a naked invitation contained nity to all the absent members of the Conven- merely in a newspaper paragraph. It is true tion to be present when the vote shall be that this Convention have not inquired of the taken upon the order. city of Baltimore whether they would receive Mr. CUSHING. The desire of the City us, or whether they would entertain us there, Council that the Convention should go to or anything of the sort. I regard this as Baltimore may amount to nothing at all. I having emanated from the city authorities do not know that of their own motion they themselves; and I am happy to hear the memever dreamed of inviting the Convention ber from-Baltimore city, himself a member of there. I think it is an empty courtesy; if we the City Council, (Mr. Barron) remark that it want to go, they would be glad to have us; has been tendered in good faith. As to the so far as the statement in the paper goes, I suitability of the Hall, the advantages of the think myself thatit is eminently fitting that transfer, &c., they are matters for subsequent the Convention should stay where it is. So consideration. Forone, whatever may be my far as my knowledge goes, there is no place opinion as to the propriety of the removal, I in the city of Baltimore where the Conven- am unwilling now to vote upon any such tion could hold its sessions as comfortably, resolutions until they are officially presented, and in which the members could have the same or until official notice of them is given to this facilities for the discharge of their duties that Convention. I shall therefore vote either for they have here. In order to test the sense of a motion to lay upon the table or to postpone the Convention upon the proposition, I move it until some fluture day when an official comhat it lie upon the table. munication shall be made. The motion was not seconded. Mr. BERRY of Baltimore county. I renew Mr. BARRON. I desire to make an explana- the motion to lay the order on the table for tion, called for by the remarks of my colleague the reason that at any time after to-day it can who has just taken his seat. The resolution be brought up; and to-morrow or any subseinviting this Convention to the city of Balti- quent day the Convention can consider the more was passed in good faith. I do not question. I understand. that the comnmittee think there was a gentleman in either branch are not in the city of Annapolis, but that of that City Council that voted for it for the they will probably be here this evening. purpose of offering to this Convention an Mr. RIDGE.Y. It is proper perhaps, in view empty invitation. They met for the purpose of the remarks that fell from the gentleman of inviting them to the city of Baltimore with from Baltimore city (Mr. Stirling,) that I, the intention of procuring for them the best should make a statement. We have learned hall in the city of Baltimore. The gentleman that a newspaper copy of the resolutions tenhas intimated that we have no place suitable dering the invitation to this body is in the 36 possession of members of this House; and my i desirable that we should have sorme place for friend from Baltimore city has referred also to I the safe-keeping of papers belonging to this some informal proceedings that have taken I Convention. place. It is proper under these circumstances Mr. SMITHI, of Carroll. This order seers to that I should not remlain silent, in view of the be an intimation of a want of honesty or inpart which I had the honor"to take by anu- tegrity on the part of members of this body, thority of that informal meeting touching which I trust is totally unfounded. The loss this subject I regret that it has been intro- of the bill in the House of Delegates may have duced this morning, for the reason so well arisen from a class of gentlemen who will not put by my friehd from Frederick, (Mr. Schley) trouble us very much, for the lobby seems to that as yet the invitation has not reached us be entirely deserted, and I trust it will remain in official form. The committee who have so. I do not see the slightest necessity for the subject in charge on the part of the City such an expense, and, although not so intendCouncil will reach here to-night. That invi- ed, the order is an imputation of a want of tation will be made in official formto-morrow integrity upon the part of members of this morning. It seems to me therefore to be body and its officials, which I trust we shall fitting that the subject should be postponed by our vote entirely repudiate. until to-morrow. Mr. BanRRON. It is right that I should say The motion to lay upon the table was in explanation that I did not intend anything seconded. of the kind. I do not believe that the lost The yeas and nays were demanded, and be- bill was taken by any member of the House ing orderedwrere taken, and resulted-yeas of Delegates; and I do not believe a member 39, nays 41 —as follows: of this Convention would stoop so low as to Yess —Messrs. Miller, Bond, Henkle, Stock- takle any paper belonging to the Convention bridge, Stirling, Cushing, Berry of Baltimore without' proper authority. I will withdraw county, Ridgely, Hoffman, Parker, King, the order, if any gentleman present thinks Ecker, Wooden, Earle, Pugh, Briscoe, Tur- that is the intention of it. ner, Parran, Duil, Johnson, Smith of Dor- The order was rejected. chester, Hodson, Galloway, McComas, Hop- ONSTUTON per, Russell, Hopkins, Sykes, Blackiston, Hollyday, Clarke, Berry of Prince George's, Mr. HoFFMAN submitted the following order; Belt, Marbury, Lee, Brown, Billingsley, Mor- Ordewred, That the Librarian be directed to gan, Davis-39. furnish each member of the/Convention with Nays-A-essrs. Hebb, Thruston, Wickard, a copy of the "American Constitutions" Robinette, Hatch, Kennard, Brooks, Barron, published by Lippincott of Philadelphia. Daniel, Abbott, Thomas, Audoun, Larsh, Mir. SIRLING. I think that is a very good Swope, Jones of Cecil, Scott, Todd, Carter, order, but I should like to add an amendment Noble, Keefer, Schley, Annan, Baker, Cun- to it. It has been a custom, and I suppose a ningham, Schlosser, Crawford, Galb, Dennis, custom sanctioned bylaw, for members of the Horsey,Valliant, Mulliken, Dellinger, Nymany, Assembly to take home with them books thus Negley, Alayhugh, Sneary, Smith of Worces- voted to them, although the Library may be ter, Purnell, Farrow, Murray-41. very deficient in these books This is a book So the motion to lay upon the table did not which is valuable for the Library, and I wish prevail. to amend by adding that the books shall be Mr. SCHLEY moved that the subject be post- returned to the Librarian after the adjournpolled until an official communication should meot of the Convention. Otherwise the books be made to the Convertion. will become the property of the members. Mr. HIEIBB. I do not like the form of this Mr. HOFFMIAN accordingly modified his order motion, because, if sio official communication by adding: should be made, it would be impossible for "' These books, however, to be returned to, this body to move to the city of Baltimore. the Librarian at the close of the session of the I would suggest that it should be postponed Convention." until to-morrow at one o'clock..I r. VALIsIANT. I desire to know of what Mr. SCHLEv modified hismotionaccordingly. advantage this book will be to us, before The motion was agreed to. voting for the order. AN IRON SAFE[. Mr. DANIEL. I ask for a division of the question. I think the books will be useful to Mr. BARRON submitted the following order: us, but I do not see the use of returning thel Ordered, That the Secretary of this Con- to the Library afterwards. I do not see why vention procure an iron safe in which to de- they will not be as useful in the hands of posit all documents and papers relating to the memobers, as to have 96 copies in the Library. business ot this Convention in order the better Perhaps we shall have more to do with this to secure their safety. subject, after the Convention adjourns, than Mr. B. said: My reason for offering that anybody else, and the books will be oftener order is that atthe last session of the House used than if lying in the Library for the next of Delegates a bill was lost; and I think it is ten or twelve years. I think if we are to have 3, them at all, it should be as private books; Committee on Declaration of Rights —Messrsand our labors and small pay well deserve Stirling, Hebb, Purnell, Todd, Belt, Chambers that. and Morgan. Mr. HEBB. I am opposed to this order, for Committee on Executive I)epartment —Messrs. I think that any member taking sufficient in- Greene, Mullikin, Smith of'.Torcester, Schley, terest in the welfare of the State will purchase Billingsley, Miller and Parran. a book of that character himself. I purchased Cozmmittee on Basis of Repr'esentationa copy day before yesterday for myself. It is MIessrs. Abbott, Hatch, Negley, Pugh, Berry well enough to have such books in the Li- of Prince George's, Edelin and Smith of Dorbrary; but instead ot voting them to mem- chester. hers, we should buy them for ourselves. Comnmittee on Legislative Department —Mtessrs. Mr. NEGLEY. Although not personally in- Schley, Thruston, Kennard, Berry of Baltiterested in the result of this vote, as I have a more county, Hollyday, Gale and Turner. copy of the Constitutions also, I think it alto- C'ommittee on Jtdiciary Departnent-5Messrs. gether proper that the order should pass. Stockbridge, Hoffmran, Sarlds, Earle, ChainThis is an age of progress. The United States bers, Jones of Somerset, and Clarke. of America have been especially progressive Conmznittee on State's Attorneys-AMessrs. in the idea of forming new constitutions. It Smith of Carroll, Thomas, AMayhugh, Daniel, is right tha-t we should have all the light on Briscoe, Wilmer and Harwood. this subject that exists at this particular Comzmittee on Treasuery Department —Messrs. period in the history of the world. Nor do I Negley, Brooks, Cushing, Markey, Dail, Densee why they should be returned. They would nis and Mitchell. be of no earthlyr use in the Library; and if Conniittee on the Elective Franchise and all the members have them they can go h ome Quealificationz of Voters-AIessrs. Sands, Smith and enlighten their constituents as to the of Worcester, Ecker, Scott, AMarbury, Brown manner in which they should vote when the and Horsey. subject of the adoption of the Constitution Committee on Militia and Military Affairs — comes before them for their decision. I am Messrs. Berry of Baltimore county, Thruston, in favor of the motion as originally made, and Barron, Pugh, Dellinger, Peter and Blackopposed to the amendment requiring the books istone. to be returned. Commzaittee on Education. and the EncourageMr. VALLIANT. I cannot vote for this order ment of Literature —Messrs. Cushing, Cunwithout hearing of what advantage it will be. ningham, Jones of Cecil, Greene, Ridgely, I have not the slightest objection to voting for Henkle and Hodson. the motion, if I can have some reason for Comonmittee on the Rigqhts, Duties, Divisions doing so. and Subdivisions of Counties-Messrs. Hebb, Mr. STIRLING. I have never examined the Robinette, Swope, Carter, Sykes, Duvall and book; but I have seen it, and it contains a Dent. copy of the Constitution of every State in the C6ommnittee on such Provisicns and OrdiUnited States. naznces as n.ay be desirable to carry into effect Mr. DANIEL. There was such a book fur- Amendments to the Colstitution —Messrs. nished to the members of the last Convention. Ridgely, Schlosser, fHopper, Hoplkins, CrawThe first branch of the order was agreed to. ford, Stone and Laqsdale. The second branch, comprising the words Committee to report future Amendments and added to the original order, was rejected. Revisions of the Constitlztion-Messrs. Todd, On motion of Mr. ECICER Mace, Noble, Annan, McComas, Johnson and The Convention adjourned. Lee. Co6nmittee on Accoulnts-Messrs. Galloway, FOURTH DAY. Parker, W'ooden, Baker and Russel. Conmmzittee on Reporting and PrintingNESA May 4, 1864. Messrs. Valliant, Audoun, Farrow, Wickard The Convention met at 12 o'clock, M. and Snear.y. Prayer by Rev. Mr. Patterson. Cosnzezittee on Engrossment and RevisionThe certificatef of the qualification of Messrs. Messrs. Earle, Nyman, King, Murray and Peter, Lansdale. Edelin, and Mitchell, were Dail. presented, and the.gentlemen named appeared Commnittee on Elections-Messrs. Purnell and took their seats. Davis, Larsh, Keefer, Dent, Bond and Brown. The President laid before the Convention a On motion of Mr. ABnoT1, communication from the Executive, stating Ordered, That a sufficient number, for the the results of the election in the 4th district of use of the member.' of the Convention, of the Montgomery county. list of the Standing Committees, be printed in The communication was referred to the a card form. Committee on Elections. COMMITTEE ON INSPECTIONS. STANDING COMMITTEES. Blr. HNKLE,: submitted the following order: The President announced the following Ordered, That a Standing Committee of Standing Committees: seven be appointed by the Chair, to consider 38 and report upon a uniform system of inspec- Constitution, having reference to interest and tions. the usury laws. MIr. HENKLE said: The subject of inspectio-s Mr. BELT said: If members will cast their is not included in the duties of any of the eyes over the third article of the present Concommuittees already provided for. It is im- stitution, having reference to the Legislative portant that in fiaming a new Constitution Department, they will see that there are a we should provide for a uniform system of great mlany subjects that fall within the delibinspection in Maryland erations of' the Legislative Commuittee. The 3Mr. MILILER. 1 think that subject devolves last section of that article is this: entirely upon the committee on the Legislative."Sc. 49. The rate of interest in this Department. If they see fit they vill provide State shall not exceed six per cent. per annum, in the new Constitution that the Legislature and no higher rate shall be taken or demknded, shall provide a uniform system of inspection; and the Legislature shall provide by law all and I do not think it is necessary to have a necessary forfeitures and penalties against special committee for that particular purpose. usury." Mir. STIRLING. I hardly think it is worth This opens a subject which is not only of while to make much difficulty about such very great consequence; but which has, since propositions. We may as wvell test this ques- the adoption of this Constitution, given rise to tion at once. It seems to me that what has a great deal of agitation. It has no necessary fallen from the last gentleman who has spoken connection with the subject of the Legislative is very sound. If the subject has any bearing Department, but is a subject in itself, and one at all upon the Constitution, it properly be- which merits careful consideration I fear we longs to that committee. But I do not see I shall not be' able to act properly in reference that it has any bearing at all upon the ques- to this question, unless we have a special corntion which wre have met here to consider. I mittee appointed for that purpose. Those do not see that a Constitutional Convention, gentlemen who are acquainted, as many of us in framing the organic lawv of the State, has necessarily are, with the discussions and the any business with the subject of inspections. conflicting views upon this subject, especially It'is a matter of ordinary legislative discretion, in modern times, will agree with me, T am in which the Legislature ought not be con- sure, that the consideration of that subject trolled in any way whatever. I have a very solely will be sufficient to occupy one coimgeneral belief that Legislatures have about as mittee. I do not wish in any way to interfere much sense as Constitutional Conventions. I with the number or the character of the combelieve that one body of eighty or one hun- mittees that the majority may choose to order dred men can be as safely trusted as another for the proper transaction of business; but upon body of eighty or one hundred men. In consultation with gentlemen upon both sides, framing the Constitution, I desire that xwe I amn of opinion that this subject of the usury should frame merely general organic law, and laws, whether or not they shall be sanctioned enter, into few details. It is a mischievous by the Constitution, whether or not the Legnotion that the Constitution should decide a islature shall be tied up in reference to the great many questions xwhich it ought not to subject, is one upon which a committee may meddle with at all. For these reasons I am safely and properly be raised. disposed to vote against this proposition. I The order was agreed to. wish to give every question relating to mat- The President appointed the following comters properly belonging to the Constitution a mittee in accordance with the above order: full and fair discussion; but I do not xish to Messrs. Belt, Stockbridge, Schley, Billingsley be placed in the position of passing unneces- and Todd. sarily upon any idea that any gentleman COMMITTEE ON CIVIL OFFICERS. wishes to have discussed. iMr. HEBB. I asli that the Convention now Mir. HENKLE. It is simply upon the ground act upon the order submitted by the gentlethat organic law should embrace general prin- man from Prince George's (lMr. Clarke) on ciples of uniform application that 1 proposed Tuesday, to be found on page 13 of the Jourthis committee, with the desire that some nal. It is: general principle should control this subject of Ordered, That a standing committee, to inspections, and that the Constitution should consist of seven rnember5, be appointed by the say that the Legislature shall provide a uni- President of the Convention, to consider and form system. It is not now uniform; and it report respecting the appointment, tenure of is that it may be a general uniform principle office, duties and compensation of all civil that I desire to have it in the Constitution if officers not embraced in the duties of other the Convention sees fit. standing committees. The order was rejected. This embraces a number of officers, among COMMITTEE ON USURY LAWS. others the Commissioners of Public WorkshM r. BELT submitted the following order: not embraced in the duties of any other comOrdered, That a Standing Committee of five mittee. I am in favor of such a committee members be appointed to consider and report and I think it is very important. upon Section 49 of Article 3 of the present Mr. BEnRRY of Piince George's. The meem ber who offered this order is not in his seat, The followlha, order, submitted by Mr. and I move that it be postponed until to- Purnell on Thursday last, was taken up for morrow. consideration. The motion was agreed to. Ordered, That a committee of three be appointed to wait on the reverend clergy, resident of this city, and request them to On motion of Mr. PETER, make an arrangement among themselves by It was ordered to be entered on the Journal which one of their number, alternately, every that Dr. Edmund P. Luvall, member elect for day will attend this Convention and open its Montgomery county, is absent from his seat in sessions by prayer. consequence of sickness. To which Mr. STIRLING had submitted the Mr. ECkaER submitted the following order. following amendment: Ordered, That the committee heretofore ap- Ordered, That the Rev. Mr. Davenport, and pointed to arrange the seats be required to the Rev. Mr. Patterson and the Rev. Mr. tfurnish the doorkeepers with seats; Owen be appointed Chaplains to the ConWhich wvas rejected. vention. On motion of Mr. GALLOWAY, On motion of Mr. VALLIANT, Ordered, That the person having charge of The consideration of the subject was postthe State House be requested by the President poned until Wednesday next, and the Presito hoist from its dome, each day during the dent requested to invite some clergyman to sitting. of this Convention, the United States officiate each day at the opening of the Conflag. vention On motion of Mr. AUDOUN, Mr. AnBOTT submitted the following resoluOrdered, That the Chaplain or Chaplains tion: appointed by this Convention shall, before Resolved, That this Convention take up entering upon the discharge of their duties, the Bill of Rights and. Constitution, comtake and subscribe to the same oath as that mencing a careful reading of the same by the administered to the members of this Conven- Clerk. that as the sections are read each memtion. ber of the Convention be required to propose Mr. BRIscoE submitted the following order: in writing such alterations or amendments as Ordered, That the -Comptroller of the he may desire, which shall be submitted withTreasury be requested to report to this Con- out argument or debate during the reading, vention a statement of the aggregate amount all said propositions to be be printed and repaid by the State to special counsel employed ferred to appropriate committees upon whose by the Executive, since the adoption of the report ample opportunity shall be given for present Constitution. discussion; when the reading shall have been Mr. STOCKiBRDGE. Would it not be better finished, and each member has handed in his that:the gentleman make his order a little proposition to alter or amend. All further broader than it now is? I am under the im- proposition to alter or amend shall be deemed pression that this will not cover all the ex- out of order. penses of special counsel. Under special re- Which was read and lies over under the gulations, the Comptroller and other officers rule. have employed counsel, the expense of which The President announced the following was paid by the State. I suppose it was the Committee on Rules and Orders for the Govpurpose to learn all the expense incurred for ernment of the Convention. special counsel. Messrs. Kennard, Clarke, Valliant, Schley Mr. BnIscoa modified his order, by incor- and Berry of Prince George's. porating the words I "or other officers of the REMOVAL TO BALTIMORE. State.'" Mr. TODD submitted the following order Mr. STIRLING. I am in favor of the order, Whereas, The Baltimore City Council have but I should like to see it further amended, so appointed a deputation of their body to exas to embrace the amount paid to special tend an invitation to this Convention to judges. transfer its session to that city; therefore, Mr. BnrscoE adopted the suggestion, and Ordered, That said deputation be, and modified his order so that it should read as they are hereby invited to seats in the FHall of follows: this Convention, and to present any commuOrdered, That the Comptroller of the nication they may bear from the said City Treasury be requested to report to this Con- Council to this body, to-day at one o'clock. vention\a statement of the aggregate amount Which was adopted. paid by. the State to special counsel employed The committee from the City Council of by the Executive, or other officers of the Baltimore, accordingly took seats upon the State, since the adoption of the present Consti- floor of the Convention. tution, and also the amount paid to special The PRESIDENT addressed the committee as Judges. follows: Gentlemen, you have been invited The order was adopted. here by the order of the Convention, to preOn motion of Mr. STOCKBRIDGE, sent any communication you may bear from 40 the City Council of Baltimore.: The Conven- have tendered to this Convention, free of cost, tion will now listen to that communication. a Hall for our sessions; therefore,.Mr. EVANS, chairman of the committee, Ordered, That we accept their generous said: Mr. President and Gentlemen of the offer, and adjourn to that city as soon as the Convention: We are here, as has already Convention are in receipt of information that been suggested, as a committee of both a suitable hall is ready for our reception. branches of the City Council of Baltimore, Mr. MILLER. I am opposed to the adoption sent here for the purpose of presenting to this of that order. I have heard no reason asbody an invitation to transfer your sittings signed by any member who has advocated its to our city. It is comprised in a series of passage why we should transfer the sittings resolutions which unanimously passed both of this body to the city of Baltimore. It branches of the City Council, which I shall Seems to me that the question which this body have the honor of sending to the Chair. In is called upon to determine for itself, is not addition to that it is perhaps scarcely neces- whether Baltimore city will be a more consary to make any statement butI will observe venient place for members individually to that both resolutions passed both branches attend to tt-eir private business, or whether unanimously, receiving not merely a formal it will furnish them with more facilities to but the hearty assent of every member of the go to their homes, or whether it will be less C;tyt Council. I am authorized to assure the expensive to them in the way of board or acConvention that if they should think proper commodation, or anything of that hind. to accept the invitation, they will find that The question is whether Baltimore city, or sort of welcome which a body of this kind is Annapolis the capital of the State, is the best entitled to receive from such a body as the and most convenient plac.e in which to do the Mayor and City Council of Baltimore. They duty which the people Cent us here to perwill be provided with a suitable hall, and form. Personal convenience or personal everything will be done to make them emolument, whether we shall put into our comfortable and enable them to conduct the pockets the difference between the $5 per deliberations which we hope will result so diem granted by. the bill under which we much to the advantage of the State, in,the have assembled and our expenses, never enmost efficient manner. I have now the honor tered into the consideration of the people who to send to the Chair the resolutions. sent us here. It was a high public trust The resolutions were read as follows: which we were to assume, under the bill which called us together, arid the people who RESOLUTION OF INVITATION TO THE CONSTITUTION- sent us here supposed we would accept that AL CONVENTION TO TRANSFEi ITS SESSIONS FROM trust and go to the capital of the State and ANNAPOLIS TO BALTIMORE. there perform the duties which they entrusted Resolved by the Xaeyor and City Council of us to perform. Baltimore, That an invitation be extended to What does that law say? The third secthe Constitutional Convention, now in session tion of it provides: at Annapolis, to transfer its sessions from' That in case a majority of the ballots that city to Baltimore. cast shall be in favor of the call of a ConResolved, That a joint committee of three vention as aforesaid, then the said Convention members from each Branch be appointed to shall meet at the city of Annapolis on the obtain a suitable hall and accommodations last Wednesday of April, in the year 1864, for said Convention, without delay, and that and shall continue in session fiorm day to day they be authorized and instructed to extend until the business for which said Convention as soon as a suitable place of meeting can be shall have been assembled shall be fully comrnengaged, an invitation to the Constitutional pleted and finished." Conivention, to transfer its sessions to the city When the people voted under that law, they of Baltimore, and to occupy the hall so pro- voted to send us here to the Capital of the vided, at the expense of the city. State, to meet here, arnd to continue our sesCOUNCIL CHAMB~ER, sions from day to day until the business for Baltimore, Apvril 29th, 1864. which we were called together has been fully We hereby'certify that the foregoing is a completed and finished. It is in every way true copy of a resolution which was adopted fitting and proper that we should meet and unanimously by the First and Second Branches hold our sessions here. Why are we assernof the City Council of Baltimore, at their bled at this time? It is for the purpose of session of this date. framing a new Constitution, a new organic ANDREW J. BANDELL, law for the State of NMaryland. What has Clerk First Branch. been the precedent in such cases? Our preWIe. S; CROWLEY, decessors in 1776 met here, in the State capiClerk of the Second BranCh. tal, and continued their sessions, working The Convention proceeded to the considera- from early in themorning until late at night, rtion of the following order, offered yesterday and framed and adopted here, in the Capital by Mr. SCOTT:' of the State, a Constitution which lasted for WHEREAS, The City Council: of Baltimore more than half a century. Our predecessors 41 in 1850 met here and adopted the present we are to act, are here. We have ready comConstitution of the State. The Legislature, munication with them, which we cannot when they passed the bill at the last session, have, with such facility, if we remove to the presumed that the Constitution which this city of Baltimore. body was to frame would be framed here, in Besides that, as I have said before, it is a this ancient city, the place where Constitu- departure from the law under which we are tions have always been framed for the State assembled. The people, when they sent us of Maryland. What is our charter? Our here, intended that we should meet in the commission from the people is to come here city of Annapolis and hold our sessions from and make a Constitution here. day to day until we had Completed our What conveniences have we here for the work. The people said to us that we were performance of the duties which the people not to consult our own convenience. When have imposed upon us? We have a hall we came before the people as candidates for here, fitted up in the most convenient man- this high public trust we accepted the position ner, fbor the accommodation of.the members. knowing that under this law the people had We have the rooms ill which our various directed that we should come here and hold committees can assemble and deliberate upon our sessions, and continue here until our the various subjects committed to their care. work was completed. We have our State Library, containing The facility of carrying on the business of the records and journals of the proceedings the Convention, apalt fiom those matters to of the former Convention and former legisla- which I have referred, would be greatly tive bodies that have betn held here, to increased by remaining in the city of Annapwhich we have ready access;'and books to olis. Baltimore is a city in which there are which reference can be made in the argument various allurements which would perhaps and examination of any question which may attract members from the duties which they come before the body are all right at our are required to perform; and I venture to hands. Now I know that in the city of Bal- predict that if we go to the city of Baltimore timore iwe cannot be accommodated with we shall not complete the labors of this Con-la these things unless our Library be removed. vention with in so short a time, by a month, as There is no library there that we can have we should if we stayed here. I know a little access to. They have a Llw Library, to about Baltimore city:, and if gentlemen choose which members of the bar are only admitted. to absent themselves and leave the ConvenA removal of this Convention to Baltimore tion without a quorum, and if a call of the would necessitate, in order that we may carry Convention is ordered, and the Sergeant-atout properly the objects for which the peo- Arms is sent out for absent members, I should ple sent us here, the removal of almost all like to know how long it would take to get the archives of the Government to that city. them present in the hall. The Sergeant-at Our conmmittee rooms have been fitted up Arms mjight hunt over the city of Baltimore and we have access to then. If we go into a for a week before he could find an absent hall in the city of Baltimore, any which has member and bring him into the boI y. But been mentioned by the gentleman from Balti- this, our ancient city, where Constitutions more city (AMr. BARRON) yesterday, we shall have been formed, where the seat of governprobably have to look for the accommoda- ment is established, is comparatively small, tion of our committees to rooms in a different the residences of members are known, and it building.. can be known at occae whether a member has But the question is not whether it may be left the city or is here; the absent members more convenient to members, in giving them can be summoned without delay to particirailroad facilities to their homes, and their pate in the deliberations of the body and made families, or to attend to their own private busi- to perform their duties. ness; but the immediate purpose to which The dignity of the body also, it seems to we should look is the duty which the people me, would be preserved by following the present us here to perform. cedents which bare been set by those who lMr. BARttoN. I will state to the gentleman, have framed our previous Constitutions. Let with his permission, that Odd Fellows' Hall us not, in the very opening of our session, do has committee rooms far superior to what we an act which would seem to disregard the have here. will of the people who sent us here, as exMr. MILLERI resumed. The gentleman says pressed in the law under which we are conthat there are committee rooms there. But vened. even if they have halls and committee rooms, I will not allude to many other things every facility for perlorminiu the work which which might possibly occur in the city of the people sent us here to do is in the city of Baltimore. I wish, and I have no doubt it Annapolis. It is the capital of the State. All is the wish of the majority of this Convention, the records, and archives, of the government that there shall be full and free and frank deof the State are here; all the departments of bate on all questions thaet may alise in this the government, from which we shall wish to boty. We can have it here. Can we at all obtain information on the subjects on which times without interruption have it in the city 4 42 of Baltimore? If the history of that city is to. people to represent them:would stand by be looked to, we shall find that sometimes not ] and' see an act of wrong,:or injustice, or mallaw prevails there, and that freedom of de- treatment, committed. upon any fellow m-etnbate in deliberative bodies has been inter-s ber. fered with. I do not know that any such I think then upon those two points, the thing will happen if this Convention goes question of convenience, and the question of there; but it may happen.; and wre should: fiee debate, I am authorized to say that the avoid as far as possible every chance'of such convenience will be greater, and the or-der an interference. We are to frame a new'Con- just:as great, and debate just as full,. and fair stitution. Great'and important changes are and free. I turn then to the other points. to be adopted by this body. We ought to i agree with the gentleman from Anne deliberate upon -them calmly. We ought to Arundel (Mr. Miller) that no private interest have the privilege of debating them fairly. ougLt to be allowed to stand in the way of We ought to have a calm, full, fair, and the public good; but I allege, from the exopen discussion of all those subjects. In my perlience of a single week, that it is my conjudgment this above all others is the'fitting viction that the business of this -Convention place in which to hold this assembly; and I will be expedited, instead of delayed, by am opposed to the order for removing to the going to Baltimore. 1 take it that the objeccity of Baltimore. tion founded upon the difficulty of the duties Mr. SANDS. If it be pr'oper to doso, I will of'the Sergeant-at-Arms in Baltimore city premise what I have to say by tendering my rather proceeded -upon the ground that th:is grateful thanks to the gentlemen'of hI-alti- Convention, school-boy like, is going to saunmore for their kind invitation; and 1, for ter out at any and every opportunity, and that one, feel inclined to accept it, not because, it will be the constant duty of the Sergerantas the gentleman from Anne Arundel (Mr. at-Arms to go out and hunt up its members Miller) suggests, I want -to pocket any and drive them in. I have a very different part of my per diem as a member of this idea of members ot' this body. Ithink they body. Being named after our good old came here to discharge a high responsibilityGeorge Washington, I am willing to follow a great trust. Until I find'any one of his example, keep strict account of my my fellow members delinquent, I am perfectly expenses and pay the balance to whomsoever willing to assume that he'will faithfully dismay choose to accept it, Baltimore city, charge his duty. Annapolis, or anybody else. That is not What, then, is that duty? To frame the one of my considerations at all. Neither am organic law of the State-to frame a new I'influenced by any particular love for Balti- Constitution for the State of Maryland. If more city, or any particular disregard of the that Constitution pleases the people in its good old city of Annapolis. I like Balti- provisions, if it embodies the reforms that more city for some things, and dislike it for the people demand, does it make any differothers. I have hiad individually greater cause ence to A, B, and C, of Anne Arundel or to dislike Baltimore city than Annapolis. I Howard county, where that Constitution is am very much, too, in'favor of giving all framed? I am one of' the people who under due deference to old things, old la.ws, old this act voted that this Convention should customs, old habits, anything that time has meet and frame a new Constitution. I had tried and proved good.'Stiil, if I believe that not the remotest idea, in voting for a Conventhe public'good requires a move. no matter tion and a new Constitution, that I was tying in what direction that move is to be made, the Convention down to any given point or I for one feel disposed to accept the responsi- place. Neither had the people..The people bility of making it. care nothing at all about that. On the conI thought the gentleman from Anne Arun- trary, so far as I had the opportunity of mixdel (Mr. Miller) in the course of his remarks ing with the people at home, since this matter tacitly admitted that he was settiig up objec- of removal:has been talked about, it has met tions to the acceptance of this invitation with universal favor there, from the donvicsimply that they might hbe knocked down. For tion on their part that the business of the instance, "could lwe have the same accom- Convention will be-expedited. modations there?" "Yes," says the gentle- I claim to be as patriotic'as most gentleman from Baltimore, "and better." "'Can men, and as willing to make all reasonable we have free debate there?" Now I pre- sacrifices as most gentlemen.'But I say that sume that every individual member of this no gentleman has a right to ask of me an Convention, no matter what be the shade of unnecessary sacrifice. All needful ones I will his. political opinions, stands bound as:a:gen- make fieely; all I ask is that I shall not be tleman to guaranty the rights'of every other required to make a u:;eless sacrifice. I-How individual member of this Convention. He then am I situated, and how are the members stands so pledged and will never fail.:Free from Western Maryland generally situated and full debate can be had just as well in the with regard to the place of meeting? I say city of Baltimore as here; for I take it for that holding our sessions in Annapolis will granted that no gentleman sent here by'the keep these members out of this body at least 43 two' days in every week unless they make up suppose that if they had they were so ignotheir minds to abandon everything at home. rant of the use of language as not to know It takes me just three days to make a round how to effect their end is to suppose that trip of some 60 miles. To get here on Mon- legislative body to have been composed of a day morning, I must leave my home at Elli- very dull set of gentlemen. It' it had been cott's Mills at 4 o'clock Sunday afternoon; the purpose of that Legislature to bind us go to Baltimore-; lodge there over night; and here, I know there were legal gentlemen memcome down here the next morning to attend bets of that body who would have known exto my duties. If I want to go home, I must actly how to put the fetters around us. I go to Baltimore city, lay there over night, say that it was not contemplated. The very and then go up to Ellicott's Mills. The ex.- phraseology ofthe act makes thatfact patent; perience of a week has taught me that one of tor I repeat that to suppose the Legislature two things is almost a necessity. I must did not know enough to put in these little abandon my position here or at home. words " in said city," if that was their meanNow 1 say:that the public good is very ing, is to suppose them avery dull lot of genoften involved in the private individual in- tiemen indeed. I know they were not dull. I terest. I can serve the State of Maryland six know there were legal gentlemen among them days out of seven in Baltimore city; but it of' great acumen and ability; and if' they had we meet here, I may do my best, and unless desired to keep us here it would have been I turn Sabbath-breaker I cannot serve it provided for. more than four. I believe that if we remove This is a matter then in which there is no to Baltimore the session will be shorter, and law and no principle in the way. If it can money will be saved to the State, for the be shown that we violate any principle or any reason that we shall be able to save the de- law by going away, I will not vote to go. liberations, and debates, and action of two But if it cannot be shown that we are violatdays in the week, for those who pay the ex- ing any principle, or doing anything upon a penses of this Convention. The per diem is wrong principle, the whole matter reters itself considerable, of course. back to the ground of the convenience of As to the precedents for removal, we have members and the tacilities for the transaction had some very remarkable precedents in late of business. There it rests, on those two years. We have had the precedent of remov- grounds. s13 it more convenient to the majoring from Montgomery to Richmond; and it ity of the members of this body to meet in is thought by many people that General Ballimore than here? I think:there could be Grant contemplates another movement; so scarcely two opinions about it-that it would that we shall not lack for precedents. be more convenient for us to meet in BaltiIn the third section of the bill under which more. If that is so, if you settle the question we have met, I find this: that it is mole convenient for the majority of "'And he it enacted, That in case a majority the members to meet in Baltimore city than of the ballots cast shall be in favor of the here, then I say we ought to move, unless call of a Convention as aforesaid, then the you can make this other point that it will desaid Convention shall meet at the city of An- lay the proceedings of this body, and thereby napolis on the last Wednesday of April in entail upon the people of the State an undue the year 1864, and shall continue in session amount of taxation to pay expenses. It you from day to day until the business for which can make that point, then 1 will vote with said Convention shall have been assembled you;for I will do nothing unnecessarily.to shall be fully completed and finished." encumber the State with taxation. But it'; as That we should continue here under all cir- I believe, not only will the convenience of cumstances, against the interests of the mem- members be subserved by removal, but the bers and against the interests of the body business of the body will be expedited, then politic, was not even contemplated by those what. stands in the way of the acceptance of who framed this act and made it a law. If the generous and gracious invitation of our they had contemplated it, and desired it, if great commercial emporium? Nothingat all. they had intended to strip us of all power to I,am in great antagonism myself with the consult our own convenience and the public idea that mtere is a natural antagonism beinterest in this matter, howy easy it would tween Baltimore city and the people of the have been to insert the little words'"in said State. There is no such thing.''hcir intercity" thus: ests are identical. Let our great city grow -" shall meet at the city of Annapolis on to its largest limits, and our State will feel the last Wednesday of April, 1864, and shall the benefit of it. If more brick and mortar continue in session in said city from day to go up in Baltimore city, more grass and;grain day." will grow in Howard county. The benefits So far from'there being any truth in the are mutual. I would like, it'.we could do it, idea that the people expected us to continue to do some act which should authoritatively here from day to day, even their representa- express the opinion that there is no natural tives who made the law under which we meet antagonism between any part of this State had no such thing in contemplation. To and the centre or anyother part of the State. 44 This idea of antagonism is at the bottcm of cised their judgment on every subject that all our modern troubles. We have had an- they voted upon. When they voted for or tagonism and collision of State against State, against a Convention, they looked at that and Baltimore city against the counties, and bill as a whole and not in part: and finding by and by we shall have county against in that bill that a place was appointed for county, election district against election dis- holding the Convention, that was a part of trict, and then will come shool district the inducement to them to vote for or against against school district, until we shall have the calling of the Convention If it were not universal antagonism, and be a race of' Ish- imptortant, why put it in the bill? To illusmaelites, each man's hand against his neigh- trate the importance of having some such probor. if we had the right to it, I should vision in the bill, had we assembled here like to do some act which would set the seal to-day without any provision in the bill of disapprobation upon this modern idea that specifying any place where this Convention my interests are naturally antagonistic to should be held, there might be a contest yours, and that my right necessarily involves among members of the Convention to a much the taking fiom you your right. There is greater extent than there is as to what should no sound political economy, no stable govern- be the place where this Convention should ment, no peace, no law, no order, no princi- assemble. There might be gentlemen here ple, nothing that men should prize, that can from Frederick city contending that it would be safely based upon this idea of antagonism. be more convenient to hold it in Frederick Baltimore city does not want to harm the city; and even in the out-of-the-way county counties, and I know the counties do not that I represent I do not know but that in want to harm Baltimore city. I believe that the town of Upper Marlborough we might if gentlemen will accept this gracious invita- have found some inducements for bringing tion they will find that Baltimore is not an- the Convention there. tagonistic to them. They will be as free I consider this as a very important provithere as here to express whatever thought is sion in the bill; but I will not repeat the uppermost. I see nothing in the way of strong argunents wlhich lave been so ably principle to be sacrificed by the removal, and presented by the gentleman fiom Anne ArunI do believe the public good will be subserved del (Mr. Miller.) by it. I for one, and I have no doubt that The gentleman from Howard (Mr. Sands) many gentlemen, will be able to serve the said that there was an anta'gonism between State of Maryland six days outol seven there; the people, and that there seemed to be a and here we could not serve it more than spirit of antagonism arising between different four. This removal does not at all involve sections of the State. For my part I confess the removal of the capital of the State. I that I have no feeling of antagonism against should vote against that as heartily as any any human being, or against any section of other gentleman; but I say that for the pur- the'State The only desire that we have in poses of this Convention we shall do better our section is that we may have a full, fair, there than here. For these reasons, lMr. calm expression of public opinion upon all President, I shall vote to go there. these questions. We want to have the ConMr. MILLER In order to bring the matter vention held in this place, under such circumbefore the Convention more directly, T move stances as will best ensure to the people a fair the following as a substitute for the pending expression of public opinion. order: What are the arguments for going to BaltiO(rdered, That this Convention, having re- more city? The gentleman salys that expense ceived the invitation of the committee of the and inconvenience can be saved by so doing. Mayor and City Councils of Baltinmore to Who come here at moLe expense, or at greater transfer our sessions to that city, we hereby inconvenience, than the genllenmen whllo repreexpiess our grateful appreciation of that invi- sent my portion of the State? At every tation, but most respectfully decline to ac- hour of the day or night there are emlissa. cept the same. ries from some quarter or other who are DMr. MARsBUY. I cordially endorse the sub- ready to grab up a species of plelsonal propstitute just offered. At the same time I desire erty in that section of the State. Th'lere are to extend my thanks to the gentlemen from men at all times engaged in that work. it Baltimore city who have so courteously ex- ihatters not to us,-it is a matter of no more tended this invitation to the Convention. But, personal inconvenience to us, to attend the sir, otl principle, on legal grounds, I must ob- Convention, froma our section of the State, at ject to the acceptance of that invitation. The one place than at another; because the damgentleman who last addressed this Convention age which is being done to us cani bhe done in has stated that the people of the State of Mary- a day as well as in a. week. It is of' no sort land did not have this matter under consid- of consideration, as to personal expense or eration when they sent us to this Conven- inconvenience to us. tion. I beg leave very respectfuilly to differ I do not deny that this Convention may with him on that subject. Iconsider thepeo- have the constitutional power, hbaving aspie of the State of Maryland as having exer- I sembled, to adjourn to any place they may 45 see fit. But if the Convention does this, it is tional power to indicate Baltimore city as guilty of a breach of good faith to the people the place of the assembly of this Convention, whom they here represent. The city of An- just as much as to indicate Annapolis as the napolis, one of the oldest cities in the State, place of its assembling. They chose to india city which has been the location of our cate this city as the place of the assembling Government for more than a century and a of this Convention. When they had done half, a city which at the time the Govern- that, they had exhausted the constitutional ment was located here, had far less facilities power under which they were acting. for approach than it has at this day, now As soon as we assembled here, and organpossessing all the modern improvements, now ized, we became a sovereign body, untrambeautified by the improvements of time, situ- meled by any constitutional restrictions as ated in a delightful climate, with a beautiful to the particular place where we should hold bay, with everything cool, delightful, and our sessions. This is the whole ground of refreshin,' around us, is in my opinion, the the constitutional objection. city of all others in the State of Maryland Then the question is reduced to a matter that we ought to be anxious to hold this of mere convenience. Will anybody say here Convention in. that Annapolis is as convenient for the asYes, sir; this very hall held once some of sembling of this Convention and for its sesthe brightest sons of the State, who here met sions as Baltimore city? I understand tha t and acted for the welfare of the State; and I } every member from the Eastern Shore of trust that some of us may gather some of the Maryland is compelled to go through the city inspiration of those great and good patriots of Balftimore in order to rtach this place. of the past and be induced to do all in our The whole State labors under great disadpower to stein the torrent of radicalism and vantages in getting here. If the gentlemen fanaticism which seems on the eve of over- will refer to the Declaration of Rights in the running our State; and that we shall under Constitution of 1776 they will see that the that inspiration of the past, prepare such a very reason assigned for making Annapolis Constitution for the people of Maryland that the seat of government was that it was the they can with their hearts endorse. it, and most convenient place for the members of the present that Constitution in such a way that Legislature to assemble in. If convenience there will be no doubt but that they will was an element operating upon the minds of come up and endorse it. those who framed the original Constitution Mr. NEGLEY. I shall undertake to give a of Maryland, in the selection of a place for few reasons why I shall oppose this substitute. |the sitting of their Legislature, why should The admission by *the gentleman who has it not now, when the whole population of the just taken his seat of the constitutional power State and everything in the State is changed, of this Convention to transfer its sittings any- when Westein Maryland, that was then a where else is an abandonment in toto of the wilderness comparatively, has become popuconstitutional objection to its removal. The lous, be equally regarded in the selection of very renunciation of the constitutional power a place for the sittings of our Convention? of this Convention to transfer its sittings So far as I am concerned, I see no rational either to Baltimore, Upper Marlborough, objection why the people of the present age Hagerstown, or Cumberland, is an entire should not consult their convenience as well abandonment of any constitutional objection. as the citizens of Maryland in 1776. There Then, sir, what are the reasons to be com- is no difference. The reason of the rule, the bated? What are the reasons now to oper- reason of the act constitutes the law which ate on our minds in acting on this measure? governs everything else resting upon that The Constitution of the State of Maryland has foundation. imposed upon the Legislature the duty every Now as to some of the objections to Baltiten years to pass a law taking the sense of the more. We can have as many conveniences people of Maryland on the question of hold- there as we can have here. We can have ing a Convention to remodel or reform its more. We can have halls that are as airy, fundamental law. In that they authorized as well ventilated, and much less crowded and empowered, and made it obligatory than this hall. My colleagues here are upon the Legislature in passing that law, to jammed into a corner where they can neither enact the place and the means of assembling, hear nor see scarcely anything. If we, go When the Legislature of Maryland at its last there every one can be accommodated with session provided the means, and passed a law seats in a roomy, spacious hall, where we can for the taking the sense of the people of Mary- deliberate and come to the end of our work land, and indicated the place of the assem- much earlier than here. biing of this Convention, they had exhausted Gentlemen say that the members of the the constitutional power they were acting Convention will scatter over the city of Balunder. It is absolutely necessary, as a mat- timore, and that the Sergeant-at-Arms will ter of convenience, that some place should be have great trouble in finding them. Do they indicated where this Convention should as- not scatter now? When this Convention semble. The Legislature had the constitu- adjourns do they all stay in the city of An 46 napolis? Do they not go away on the boat of sectionalism in this State. It is that terand cars? On every Sunday this city will rible spirit that now involves this country in be as empty of members as it-can be. And the bloodiest civil war that in the annals of will not the Sergeant-at-Arms have the addi- time was ever witnessed. It has arisen solely tional trouble of going en the boat to Balti- from that sectional spirit that will not acmore to hunt up members, and of going to knowledge that the individual good is necesBaltimore by railroad to hunt them up? If sarily involved in the general welfare. we were in the city of Baltimore, he might Mr. BELT. Thegroundsupon which I shall have to run over the city, but that would be vote against the proposition to remove the about all If we stay here he will have to Convention have been, as a general thing, so traverse both lines, by railway and steam- fully stated by my friend from Anne Arundel boat, to hunt up the scattered m(mbers. I (Mr. Miller) that I shall detain the Convenpositively and honestly believe that the la- tion but a few moments to advert to one or bors of the Convention will be completed at two considerations upon which he has not a much earlier day if we go to the city of touched. Baltimore than if we remain here. The First, in reference to the remarks that have members will have time enough for recreation fallen from the gentleman from Washington and for meeting in committee. They will go (Mr. Negley) and the gentleman from Howto Baltimore in spite of your determination ard, (Mr. Sands) in deprecation of any hostile to stay here. There is no power that will feeling between the different sections of the keep them here. I have heard many say they State, arind more particularly between the rural will go there and board, coming here in the districts and Baltimore city. For one, I am a morning and going back in the evening; and stranger to any such sentiment; nor can I apwhere will their labors on the committees be? preciate the earnestness with which both of If we go to Baltimore they will have abun- those gentlemen have joined in such deprecadance of time both for recreation and for tion of that spirit. I have heard no member on attending to their duties on committees; and this side of the House or the other say one word the labors of the Convention will be much in derogation of Baltimore city. I know the earlier completed. prosperity of Baltimore is the prosperity of Looking at the question, then, in all points my county and of every other county in the of view, the constitutional objection being State. I know that she is the centre of exabandoned, and the convenience being greater chance and trade. I know that like all great there, I do not see why we should not go to cities she draws to her a large proportion of Baltimore, unless upon the idea that we shall the moral and intellectual worth of the State, not be allowed freedom of debate there. That and an equally large proportion relatively of is an imputation as much upon the spirit of the capital and industry. T am proud of the fair dealing on the part of members of this city. I am proud of her achievements, of her Convention as it is upon the city of Balti- standing, of her prospects; and I yield to no more. I would do just as much against the other Marylander in my admiration of her as city of Baltimore in that city as in any other a commercial emporium, within the proper spot'in Maryland. Being there would not sphere of her activity. I have the happiness influence my vote one particle; nor would it to agree in sentiment, particularly on subjects influence the vote of any other member of of a political character, with the large majorthis Convention. They will act on their | ity, as I believe, of the people with whom we solid convictions, free and independent of should.ome in contact if we were to remove any outside pressure. I shall be the last to to Baltimore. -WVe should have then the adbelieve that any outside pressure or outside ditional advantage, which would be a matter interference would be at all attempted. I in which I should greatly delight personally, have a better opinion of' Baltimore city. of mingling with and daily conversing with a I, too, with the gentleman from Howard, great many gentlemen of talent, proftissional (Mr. Sands) am entirely opposed to the spirit men of experience and ability on the very subof antagonism, of regarding the interests of jects to which our attention will be here called. Baltimore city as antagonistic to the interests So I dismiss any consideration of antagonism of the State, and arraying the counties against to Baltimore city in the vote which I shall the city of Baltimore. As well might the give on this question. So far from entertainarm or the head mutiny against the stomach, ing such a feeling, Ishould personally prefer and declare that they would have no cornm- the city of Baltirnore for our sessions, for the munity of interest. The life of Baltimore reasons to which I have referred. city is a life that ramifies through every To avoid any misapprehension, and at the county in the State. The Iprosperity of Bal- risk of separating myself from perhaps a matimore isprotanto the prosperity of the entire jority of gentlemen on both sides of the ConState, If' you affect deleteriously the inte- vention, I will state that I base my opposirests of any portion of Maryland the entire tion to this removal, first, upon the ground State suffers to some extent the consequences. that we have no legal right, in my humble It is irrational, it is unfair, it is unfraternal. judgment to make this change. I am perfectly to be eternally attempting to array a spirit familiar with the doctrine which has been 47 adverted to by several members, and, which I should be possessed of full power from the believe to be held by most,-the American people to overturn thelaws, and the Constitudoctrine of the sovereignty of these Conven- tion of the State, su6bject to no control but its tions. I do not dispute the sovereign power own will; but the proposition for which the of the people, the fact that they are the source people voted was that the Convention should of power, that they can assembleen masse and meet here for the purposes, with the objects, change their laws, or that they can assemble and under the limitations that were stated in Conventions equally sovereign to do the same the act by which the body was to be called. thing. But I draw the distinction here. It In other words, this Convention has whatis not only sovereign Conventions that are ever power the people have intended it should known to American law and practice, but possess. The extent of that power is to be bodies like this also, which by the very act measured by a consideration of what the peothat frames them, and the very circumstances ple did on the 6th day of April. I hold that under which they are assembled, only so the only question before them, on that day, far represent the sovereignty of the people and the only question which they voted upon. as that sovereignty has indicated that it shall and decided, was-not that a Sovereign Conbe represented by them. " Sovereign Con- vention should meet-but that a Convention ventions" undoubtedly may be held, when should assemble to propose chanes. in the orthe people choose-but bodies like this are ganic law, the said body to be constituted in only assembled, as a general thing, in this the manner and under the limitations concountry, for the mere restricted purpose of tained in the act which authorized said elecproposing amendments to the organic law, and tion. Will it be pretended that we could viothey can in no just sense be said to possess late that limitation in said act, which requires the unlimited attributes of the sovereignty the submission of our action to a vote of the itse'.f. people? And if that limitation be binding, This Convention meets under the sanction as qualifying our powers, why not the of a law passed by the last Legislature. That others? law prescribes the oath by which we shall This is my opinion then, in which I have qualify ourselves before taking seats here, th. misfortune to differ with many gentlemen, and presents several other limitations upon upon the true construction of the constituour acts, one of which is that we shall begin tional law. Admitting that sovereign Conour session, assemble, at Annapolis, and con- ventions may exist, I consider this as merely tinue from day to day until our work is com- one of those American resorts to which the plete. I concur with the gentleman from Anne people of these States have so often had reArundel, (Mr. Miller) that the clear and obvi. course to reform their government, and which ous legal intendment and construction of that fall outside of the scope of what we underclause is that the session is to be continued stand by strictly and absolutely sovereign from day to day where it began. Do I pre. Conventions. If I am not right upon that tend that be'cause this Convention is limited point, if it be true that this body is sovereign in respect to these clauses, it is limited by and can do anything it may think proper to virtue of any alleged power of the Legislature do; if it be true that we may disregard the to put a limitation upon a sovereign Conven- oath imposed for our qualification; if it be tion? Not by any means, sir. The limita- true that we may petform ordinary legislations are effective only because, having been tive functions; if it be true that we may, unsubmitted to popular vote, they have been der the circumstances under which we now ratified by thepeople at the polls, and there- meet, annex this State, if we choose, to the fore proceed, not fronm the Assembly, but from State of Pennsylvania; if it be true that we the great source of all power. What should mnay empty the treasury; if it be true that we be the extent of our powers was a part of the are here as a sovereignty, with no legal obliquestion submitted to the people and acted gations to be guided by:-at least I may sucupon by themr? cessfully contend, as ably argued by the genWill it be said that the people can be lim- tlemnan from Anne Arundel, (Mr. Miller,) ited in their power to call Conventions, so that the passage of this bill and its adoption that any Convention calied by them must ne- by the people, imposed upon us the highest cessarily be sovereign whether they intend it sort of moral obliqalion to be guided by its to be so or not? Do we not detract fiom the provisions, even if not legally binding, unless fullness of their sovereign power when we say some controlling reason be shown to the conthat they cannot call.a Convention which ttarY. And that obligation is strengthened shall be a little less than sovereign? If sov- by the consideration of the antiquity of this ereignty be the great and controlling power city as our capital, its identification as such which according to our American law we are with the history of the State, the conveniences taught to believe it is, it ought certainly to which we have here, which have not been have the power of self regulation and self lim- shown to be surpassed by any superior conitation. The question under this bill was not veniences of Baltimore or any other city, the whether there should assemble at the city of knowledge that the people expected us to Annapolis a sovereign Convention which meet here, in precisely the place where the 48 Legislature meets and where the Governor Mr. EVANS, (chairman of committee.) A resides, and where the archives are depos- hall has not yet been actually obtained. The ited: —all of which combine to enjoin upon hall to which we have directed our attention us that we should here meet and continue our i~ Odd Fellows' Hall, situated in Gay street, sessions at the capital of the State unless there not very far north of Baltimore street. We can be shown some great controlling necessity, have no doubt about getting that, although for removing. If there were a military ne- formal application has not been made. If cessity, for instance, I should have Lo objec- unexpectedly we should fhil there, we could tion in the world to moving to another point, get a hall in the Law Buildings, in which the and least of all should I have any objection Superior Court of Baltimore County holds its to moving to Baltimore city. sessions, which has three rooms attached to In conclusion, allow me to make a sugges- it, and which can be fitted up, I understand, tion upon one point to which the gentleman quite as well as this room. Or the New Asfrom Anne Arundel has not adverted, but sembly Rooms could be got I suppose; but which I wish he had alluded to; and it is jprobably would not beso convenient as either this: I do not profess to be so intimately ac- of the others, not being so well supplied with quainted with the laws regulating the muni- committee rooms. cipal affairs of Baltimore city as to be able to Mr. BERRY, of Baltimore county. I shall determine the powers of the City Council. oppose the removal of this Convention frolm But rnasoning from analogy, I do not pre- the city of Annapolis to any place in the sume that the C ty Council have any author- State of Maryland, although I am thankful ity to expend money for outside purposes any for the courtesy which has been extended to more than the lo:al authorities of the counties the Convention by the Mayor and City Counhave. Tne State has gone to work and at cil of Baltimore In answer to the question great expense has fitted up a State House, and which I put, whether a hall had been obhas rendered it the equal oL most such struc- tained, and if so where, and what, I undertures in the country, and provided for us here stand the statement to be that none has been every necessary convenience, with the obvious obtained. It is expected that Odd Fellows' intent that it should be used for all appro- Hall can be obtained. I wish that my colpriate State purposes. Our removal will ne- league who sits on my left were present tocessitate the abandonment of this building, day (NIr. Ridgeley;) he would satisfy this and involve a large and useless expenditure Convention that under no circumstances can for accommodations in Baltimore. Odd Fellows' Hall be obtained. There is a If we move to Ba!timore, is there any gen- standing law which precludes any body extleman in this Convention that is willing to cepting those connected with the Odd Fellows let the people of Baltimore city be taxed for a from using that hall. My information is necessary State expense to be incurred by from my colleague, who is Grand Secretary our removing there? We, of PrinceGeorge's, in the Grand Lodge of the United States of do not wish to be excused from bearing our Odd Fellows. So much for Odd Fellows' share of the burden of taxation for any ex- Hall. penses which this Convention shall think ad- In regard to the Law Buildings, it is such visable and necessary for the people of this a small and poor place that no one attempts State to defray. If we go there at all, it to call an assembly there unless driven to it seems to me that we ought to go there upon by necessity. It has no conveniences It is the idea that it is necessary, and not because a small concert room. It is not as capable of we are invited. In my judgment it would answering the wants and requirements of this seriously detract from our dignity were we to Convention as this beautiful Hall. consent to remove to Baltimore, in the exer- The Assembly, Rooms, the gentleman incise of a doubtful power, merely because the forms us, may possibly be obtained, but probcity offers to rid other sections of the State of ably not. If the possibility should overcome their share of the just expense to be incurred the probability, it is a most noisy place, and by thevremoval. Certainly, if the action of would not suit the Convention. the City Council is unwarranted by law, in I do not discover, therefore, that the invi. taxing the citizens of Baltimore for our bene- tation which has been extended to is is anyfit, the Constitutional Convention, sitting at thing more than, as my friend remarked the the very foundation of all law, ought to be other evening, formal. the last body to excuse and abate that action The points which have been attempted to on the part of the City Council. We should be made by gentlemen on this floor, have protect the tax payers of the city against the been accommodation and convenience, against generosity of their own Council. inconvenience and expense. We yet have no Mr. BERRY, of Baltimore county. I would knowledge that we can have any accommolike to ask, in answer to theinvitation which dation in Baltimore. We yet have no knowhas been extended to this Convention by the ledge that we can have any convenience there. Mayor and City Council of Baltimore, if a Now what is the inconvenience of this place? hall has been obtained, and if so, where and A convention of the people assembled lere in what hall? the year 1850. I had the honor in 1258 to 49 be a member of the Legislature, with your- railroad or steamboat companies and cannot self, Mr. President and we assembled in this control their hours. If I am to follow the Hall. It was then just half the size that it existing arrangements of steam travel, it now is; and by an act of that Legislature the amounts to that; and I do not think nmy dimensions of this room were increased to friend would be so discourteous as to distheir present size. In 1850, eight years be- mount me from the iron horse. fore, the Convention was composed, I believe, Mr. BERRY of Baltimore county. I-low far of 101 members. The Convention of' 1864 is is it from Ellicott's Mills to the Relay House? composed of 96 members; five less, and hav- Mr. SANDS. It is six or eight miles, with ing double the room the former Convention no public conveyance at all. I should have had, and I heard no complaint then about to foot that over a very bad road. being jammed in the corners, as the gentle- Mr. BERRY resumed: The difference beman from Washington says. I think there tween my friend and myself is that he is a is quite room enough here to accommodate lawyer and I am a merchant, or have been, every member of the Convention, and I pre- and I thought I would take a business view sume our friends. from Washington can be of the thing, and see it' ihe could not possibly suited, and I hope it will be done. come here under three days. I think I have I was not a little amused at an argument demonstrated successfully that he might walk advanced by my friend from Howard, (Mlr. here in ten hours if he tried. It is his misSands.) If I have his language correctly, fortune and not my fault that he has not a he satys that it takes him three days to make vehicle to take him to Baltimore or wherever a trip of about 60 miles. My county lies he pleases; but I know this, that the Legisl aadjoining Howard county; and I think the ture of Maryland at its last session provided distance from Ellicott's Mills to Baltimore $5 a day f'or members of this Convention; city is 10 or 12 miles; and I think the dis- and it was a fair bargain between the Legistance from Baltimore city to Annapolis is 20 lature and the parties who offered themselves miles. I am speaking now of turnpikes. for election here and were elected, to give When I was a boy I used to walk four miles their undivided time to the service of the an hour; and that would take him exactly State. ten hours if he had attempted to walk here; Mr. SANDS. I dislike exceedingly to interand I cannot see, for the soul of me, with the rupt the gentleman, but I am sure he will advantages of steam power, how it takes pardon me. I am not making this a question three days to go 60 miles. of expense at all, for I said in the beginning Mr. SANDS. I will explain, if the gentle- that I was perfectly willing to keep an accuman will allow me, how it happens that it rate account of my expenses and hand the takes methree days to make a round trip; for balance over. It is not a question of expense it does take that unless my friend proposes to at all. put me afoot and on the turnpike. Mr. BERRn of Baltimore county resumed: Mr. MILLER. You can take a carriage. I do not think the Legislature asked the genMr. SANDS. I do not happen to be the tleman to keep an accurate account of his owner of that sort of vehicle. That is my expenses and hand over the balance; but it misfortune. I would say that if my friend did ask of him, and the people of Maryland from Baltimore county proposes to put me demand of him, his entire and undivided foot-back, I would not do that for him. I time, in perfecting, so far as it is possible to can explain to his entire satisfaction why, do so, the organiclaw of the State to be subwith all the advantages of steam, lightning, mitted to the people. Upon this matter of and everything else, it takes three days for convenience and expense, I have heard of me to make the round tr;p. There is no another case. It has not been promulged train from Ellicott's Mills connecting with here, but I absolutely heard a gentleman say the early train to Annapolis. If I want to that if he came down here it would cost him take the train to bear me to Annapolis, I $21 a week; that he could not come without must leave my home the evening before, and his wife, and if he brought her lie would go to Baltimore city and spend the night have to pay $21 a week. (Lauphter.) Are there. That is the evening and morning of not these things ridiculous? When they go the first and second day of the round trip. to the people, I think they will laugh rct such I come here and wish to return. There is no an idea. In the day when they come again train connecting with the evening train from before the people and are exceedingly anxious Annapolis. If I want to go home, I must go to be returned by the people to any office in to Baltimore city and lie over there another a body like this, the people will laugh at night and take the morning of the third day their calamity. to complete the round trip. So that really There has been a good deal of play upon what the gentleman from Howard stated is the duties of the Sergeant-at-Arims. Mr. the actual fact, that when he has occasion to President, you know very well that that mace make a round trip it takes him three days, in in the hands of the Sergeant-at-Arms is a view of' the circumstance that he is neither serious matter. You very well know that if, the President nor a Director of either of the at a time when a vote is to be taken, it is 50 necessary that every member should be here, reorganized. It is a great and important when the Sergeant-at-Arms is sent out we duty and work; and in order to do it I must are locked in. That is parliamentary law. be here as much as possible and take sugAnd I have known even in my day and in gestions from whom I can, and frame, so far the city of Annapolis, the members of the as I can, with the aid of the Commander-inLegislature to be locked up in this hall for Chief, a Militia system for the State, of Marymore than an hour awaiting the return of the land. Sercgeant-at-Arms with absentees When we There are three members that will be put get to that great city of Baltimore, I imagine to serious inconvenience. I believe that that it will be time to adjourn sine die when every gentleman here can give some aid lie comes back, if he is to collect all the ab- in framing the Constitution. I have waited sent members. in the hope that gentlemen would adduce But my friend from Howard says we are their good reasons why the Convention should not to play school boys. We are to remain be moved to Baltimore. I have not heard here. My friend from Washington answered one, except on the score of expense, and on him when he said he knew members here the score of accommodation. As to accomwho had declared that they would not live modation, we are not advised that we can here, but-would go to Baltimore, and hence have any at Baltimore. Even those which this necessity of the Sergeant-at-Arms taking have been suggested are not equal to those the railroad track, and sending a deputy'to which we have here; and as to expenses, the take the boat line, in order to catch them $5 per day which I am to receive by the law somewhere. of the State as a member of this Convention, The argument that the Legislature of Mary- is that upon which I must live, and for land and the people of Maryland expected us which I must give my undivided attention to remain here in Convention has been so to my duties, as a member of this Convensuccessfully stated by the gentleman from tion. Prince Georgre's that it is uncessary for me Me'. DANIEL. I rise, not to make a speech, to say a word about it. The lawyers have as the subject, on both sides, has been so talked over that thing among themselves, well ventilated. We have heard the arguand I am very well satisfied with the legal ments pro and con; and especially as there points, which the gentleman from Prince have been more speeches on the side with George's has made. which I differ than that which I favor, thinkNow what are the advantages here? Here ing that it will conduce to the despatch of is a comfortable hall. Here is the State business, I move the previous question. House of Maryland. Yonder is the Library, The motion for the previous question was and gentlemen will not presume to say that sustained. the Convention can move the Library to Bal- The question be;ng stated on the adoption timore. The State Library must stay where of the amendment submitted by Mr. Miller, it is. The Law Library in Baltimore may the yeas and yeas were ordered; and being suit some, but does not suit all. The taken resulted —yeas 51, nays 35-as folprintingl is done here, and is required by law lows: to be done here. And last, but not least, Yeas-Messrs. Goldsborough, President; there is another very interesting building Greene, Hebb, Thruston, Miller, Harwood, here-theTreasury. [Laughter.] Bond, Henkle, Stockbridge, Stirling, Daniel, Another thing, I am not authorized to say Cushing, Berry of Baltimore county, Hoffit, but I take upon myself to do so, that mari, Parker, King, Ecker, Earle, Pugh, owing to the great and onerous duties. that Briscoe, Turner, Parran, Dail, Johnson, devolve upon him, the Comptroller of the Smith of Dorchester, Hodson, Schley, GalloState will feel almost necessitated to remain way, McComas, Hopper, Russell, Sands, here. I know something of his duties, as Sykes, Chambers, Blackiston, Hollyday, connected with my own department, and I Lansdale, Peter, Berry of Prince George's, tell you that the President of this Conven- Belt, Marbury, Lee, Brown, Wilmer, Biltion-[ do not speak for him, but say what I lingsley, Morgan, Horsey, Mullikin, Nyman, think as a member of the Convention-will Davis, Purnell —51. feel it necessary that he should remain here Nays-M-essrs. Wickard, Robinette, Hatch, to perform his other duties as Compytroller of K(ennard, Brooks, Barron, Abbott, Thomas, the State. A removal would be a great in- Audoun, Larsh, Smith of Carroll, Swope, convenience to him, and to all connected Wooden, Jones of Cecil, Scott, Todd, Carwitllh and doing business with his depart- ter, Noble, Keefer, Markey, Annan, Baker, ment. Cunningham, Schlosser, Hopkins, Gale, The Clerk of the Court of Appeals is a Dennis, Valliant, Dellinger, Negley, Maymember of this body. He has to be here. hugh, Sneary, Smith of Worcester, Farrow, And now, speaking for myself, as Adjutant Murray-35. General of the State, I feel that my duties So the amendment was adopted. require me here. By an' act of the last Legis- Mr. STIRLING. I move to reconsider the lature the militia system of the State is to be motion just taken. 51 Mr. STOCKBRIDGE. I move that that. mo- have heard no allegation that the members tion be indefinitely postponed. are insufficient to do the work. So far as my The motion to postpone was agreed to. own experience has gone, too large commitOn motion, tees are not desirable. The Convention had The Convention adjourned. this subject under discussion when the committees were: ordered to consist of seven memFIFTH DAY. bers each. Before voting for the increase of any committee or the addition of any mem-. bers; I wish to know on what grounds the The Convention met and was opened by increase of the committee is desired. prayer. Mr. SANDS. Of course it gives me pleasure The journal of yesterday was read. to inform the gentleman. At the first meetMr. STOCKBRIDGE. I made the motion yes, i:ng I think there were five. members present; terda;y that the consideration of the. subject, and after a little informal. talk we adjourned. and not of the motion to reconsider, be in- This morning again at half past 10 we met, definitely postponed, anld I desire that the and one member wasabsent; and it was projournal should be so corrected. posed that we should adjourn in consequence MIr. SANDS, Mr. BARRON, Mr. H.EBB, and the of the absence of that member. To-morrow PRESIDENT stated that the journal corresponded morning I shall not be able to be here, I think; with their recollection of the motion that was my health being in that condition which will made. necessitate my returning home. Of course Mr. STOCaBRIDGE, and Mr. BERRY of Balti- the same grou.nd will be taken for adjournmore county, recollected the motion other- ment, the absence of a member of the comwise mnittee, there being but six there. I think by There being. objection, the journal was, not the addition of the names embraced in that changed. order, we shall have a sufficient number of JUDICIARY COMMITTEE. genllemen. to enable the committee to keep Mr. SANDS submitted the following order: straight forward in the transaction of its Ordered, That the following named mem- business. That was the only purpose which bers be added to the Committee on the Judi- I had in view. I want to get away as soon ciary Department-: Messrs. Daniel, Purnell, as I can; and I want the business of the Thrustoan, Baker, Davis and Billingsley. committees with whi(h I am connected to )e Mr. BERRY of Baltimore county. I object transacted as speedily as possible. Those are to that. If the gentleman desires the com- the reasons upon which the order was based. mlittee to be increased, let: him ask for that Mr. CLARKE. I do not: know whether it is and let the President appoint. I think it is properly in order to refer to proceedings which a reflection upon the President to put such have transpired in committee; but inasmuch an order as that upon the journal. as the gentleman from Howard has referred to Mr. SANDS. I take pleasure in assu:ring the the matter, I deem it due to state that the gentleman that the order is no such reflection. committees were only announced on yesterI have now met that committee several times; day. I thought as one member, Mr. Jones, and I think it wants more members. All the of Somerset, was absent yesterday and had members have not been present at'any meet- not yet returned this morning,-being deing of that committee. I think we need a tained by the pass system going into operalarger committee. I disclaim any idea of te- tion this morning without his knowled ge and fleeting upon the President or anybody else. being unable to secure his pass in time-it The original motion was for the President to would be well to wait for him. The comappoint seven, which he has done. Now, mitteee started at the very earliest period to sir, as a member of this body, after meeting go to work and discharge the duties assigned with that committee several times, I say that to us, and have worked faithfully and promy conviction is that it needs enlarging, and gressed rapidly. Probably if the committee I have offered an order that the committee had been larger, and the discussion had exmay be enlarged, simply that the business of tended to more members, we should not have the body may be facilitated. I repeat that I accomplished as much work as we have utterly disclaim any reflection upon the Pre- already accomplished. The committee have sident, or upon any gentleman whatever. already passed upon various matters; and if Mr. MILLER submitted the following amend- now, after it has determined what course it ment: will take, other members are added before Ordered, That the number of the Commit- the committee had an opportunity to submit tee on the Judiciary Department be increased the report to the Convention, it destroys the by five additional members, to be appointed work already done, for it must all be considby the President. ered again.' The committee purposes to go Mr. CUSHING. I should like to know for on faithfully in the discharge of its duties. I what reason an increase of this committeeis have no desire, if the House wishes a larger desired. The committees were established by number, that it should be limited to the - vote of the Convention, seven in each. I number of seven. But I see no reason fo 52 reflcting upon the committee, or undertak- I concur with tie gentleman from Baltiing now to destroy its work so far as it has more city, that so far tfon falcilitating busigone, by the course proposed by the gentle- ness by increasing the number appointed man from Howard. 1 am very sure that upon a committee, you actually obstruct it to the same reasons which apply to the increase some extent. Certainly the fewer the numof that committee might apply to all the coln- ber of members upon a committee the greater mittees with equal power. After we have the facility for the interchange of opinion faithfully discharged our duties and deter- and the rapid perfolrmance of their duty. mnined upon various matters, we shall have to Mr. MILLER. I offered the atlendllent that begin the whole work over again, if the or- I did merely for the purpose of testing the der is passed. sense of the body upon the proposition that if MIr. SANDS. As I stated, there was a mo- a committee is to be increased, it shlould be tion to adjourn on account of the absence of increased in the regular way by appointment Mr. Jones. I opposed the motion at the time, of the President of the Convention, he having stating that in all probability I could not be the power to appoint. I have no desire at present to-morrow, and that would necessi- all that that committee should be enlarged, tate another adjournnment. I wish to state but think if it is to be enlarged it should be the fileacts fairly. Of course every gentleman by appointment by the President, and not by who is a member of the committee knows the n rming the additional members in the resolufact that there was a mlotion to adjourn on tion. account of the absence of Mr. Jones, and that Mr. EARLE. I wish to state to the ConI opposed it on the ground that I should be vention, as a member of the Judiciary Comnabsent to-nmorrow, so that there would still mittee, that there was no direct motion this be but six members of the comtnittee present. morning in this committee to postpone its I did not mean any reflection upon the com- action. I made the suggestion myself, that mittee. as Mr. Jones, a member of that committee, Mr. CbARKE. I did not consider that as a was not here, and had not met with us, we reflection upon the committee. should postpone action; but the moment the Mr. SANDS. I certainly meant no reflec- gentleman from Howard stated that he could tion upon the committee. I have found not be present to-morrow morning, that sugthem very pleasant, honest, arind earnest gen- gestion was withdrawn, and the committee tlemen, and I take pleasure in saying that at once proceeded to attend to the business for them. But I believe the business of the for which they were appointed. I committee will be facilitated in the end by the Mr. UvsHINRG. I would like to know if it admission of other memlbers. And 1 believe is the desire of a majority of that committee that the business of this Convention will be to have it increased. If it is a question of facilitated by the mutual intercourse of many sufficient importance for the action of the of the committees, especially those which Convention, it would. impress itself upon the have a great deal to do. What hinders any minds of a majority of the colnmmittee, and mnemb-r of this Convention, who has been induce them' to request the increase of the 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 unless there are some extremely good reasons after the committee have reported? So after presented, to change the basis of our committhe reports come into this chamber, you may ltees; for if we begin to increase the commithave the reports of A, B, and C, and the tees, there is no knowing how far it will go. suggestions of A, B, and C, to debate and act If a majority of the committee are of opinion upon. I think in view of the facts of the case, thatit should be increased, and give sufficient the business of the Convention will be facili- reasons for increasing the committee, it should tated by increasing the committee. be done in the regular way by requesting the Mr. BOND. If the reason given by the Convention to appoint additional members. gentleman fiomn Howard is a good one for in- Mr. STocKBIDGus, (chairman of the commitcreasing the Judiciary Committee, it will ap- tee.) In reply to the question asked by my colply to every committee of this body. If the league as to the preference of the committee, I absence of a member of a committee is to be wish to say that I do not at all know what is the a reason for enlarging it, the same reason preference of the committee. The matter was will apply to every individual committee. not at all before the committee, and they have Perhaps every gentleman upon this floor is a expressed no opinion upon it, excepting so member of some committee or other; and by far as individual members have expressed an the appointment of an additional number opinion here since the order was offered. upon any one committee, you obstruct the Here for the first time we have heard of any delabors of other committees, and they are sire to increase the number of the committee. furnished with a stll greater reason for ad- Mr. BELT. I move that the order, together journing and asking ant enlargement of their with the amendment, be referred to the Judinumbers. I see therefore no sufficient reason ciary Committee, in order that they may for the prevalence of the motion that has report to us whether they desire that the combeen made. mittee should be increased. 53 Mr. BERRY, of Baltimore county. The rea- Cecil, I think, upon an order for the appointson why I object to the proposition of the mentof the committees, that it would faciligentleman from Howard was because the Con- tate the business of the Convention if the vention having adopted the rules of the House substitute of the gentleman from Baltimore of Delegates, the appointing power rests with city were adopted. At the same time an the President. The 45th rule says " The fol- intimation was thrown out that if there should loNwing standing committees," each to con- be a necessity for an increase in the number sist of so many, "shall be appointed by the of Standing Cormmittees, such orders could Speaker at the commencement of the session." from time to time be adopted. I do not unIf the committee is to be increased, I desire derstand therefore that the various committhat the President of the Convention should tees necessarily embrace all the subjects beincrease it. No doubthe would consider the fore the Convention. A similar Standing suggestion of thlle gentletnan from Howard. Committee to this was appointed by the last The PttSIDENT. The Convention having Convention; and upon looking at the Constidetervmined to act upon the rules of the House tution I think the necessity for such a comof Delegates, it would be proper to repeal the mittee is very evident. In erticle 7, Sec. 1, 45th rule, before adopting the order. But so page 63, the Constitution provides for a Cornfar as the President is concerned he would missioner of Public Works. Now I know of waive any objection of that kind if the Con- no committee to whom that would properly vention choose to adopt the order. belong. In Sec. 6, there is a provision for Mr. ABBOTT. The Convention has deter- Lottery Commissioners. i presume their dumined the number for the committees, and I ties are now entirely gone. Then in Sec. 8, find that it t:.kes nearly every member of the there is a reference to County Commissioners.;House upon some one of them. As suggested I know of no committee to whom that subject by- the member from Anne Arundel (Mr. would pro ierly go,-how they should be Bond) any increase of one committee takes appointed, whether elected or01 appointed by meimbers away from other committees. the Goverior, or the various provisions in The PlEStDEoNT. Every gentleman has been connection with it. Sec. t9 refers to Road Suassigned to some particular duty by the Pres- pervisors, Sec. 10 to Surveyors, tnd Sec. 11 ident. to Wreck-Masters. All these various officers Mr. CHAMBERS. In referring this matter to are appointed under the present Cotstitution, the comnmittee it seems to me that the Con- and they do not properly belong to any C(omvention lare taking very unnecessary trouble. mittee yetappointed. It may be desirable that When a comnmittee shall come to the conclu- other officers should be provided for in this sion that their numbers are too few to per- present Constitution. form the duties assigned to them, it is charity Before the last Legislature there was aiquesto presutme tliat in the discharge of their duty tion of collecting, upon a recornmendeation they vwill so i'nform the Ilouse, and ask for an from the Governor and Colnptruller, appointincrease of their numberl. It seems to me a ing officers to come more directly under the reflection upon the committee to say to them, supervision of the Comnptroller, 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 prop;iety of their position to do that thing County Treasurer, and tliat tle County Treaswithout the spur being applied. The com- urer should paty directly to the State Treasilnttee lhave not, as the House might reasona- urer; and various provisions were considered bly suppose from the action of one of its mern- to make that system uniform; instead of havhers, asked for an increase. I move that the ing as now in some counties, otounty Treas-'whole stlject be laid upon the table. urers, and in others no such officer. The motion was agreed to-ayes 35; noes I will not take up other subjects tlhat might 33. be suggested. I think I have said entough to COMMITTEE ON CIVIL OFFICERS. show that it is advisable and well that we The Conlvention proceeded to the consider- should have such a Committee. ation of the following order submitted by The order was agreed to. Mr. CLAI^E, onl Tuesday last: The PRrSIDENtr announced the following Ordered, That a Standing Committee, to committee in accordantce with tliteaboe order: consist of seven members, be appointed by the Messrs. Clarke, Billingsley, Tlhruston, DanPresident of the Conv-ention, to consider and iel, Baker, Put'nell and I)avis. report respecting the appointment, tenure of OMNIBUS coMlM'rT1T"s. officers, duties and compensation of all civil Mr. CosmHrN submitted tle following order offiriers not embraced in the duties of other Ordered, That a Standing Conlmittee of Standing Committees. seven be appointed by the President, to conMr. CLARKE~, I will merely state in expla- sider and report upon all subjects brought nation of this order that when the various before the Convention, whicll have not been Standing Committees were appointed it was provided for in the duties assigned to the uggested, in reply to the gentleman from committees already appointed. 5i4 Mr. CusHING. My object in offering this mittee on the Declaration of Rights.:It will order is that there may be no further accu- be more proper hereafter, when a proposition mulation of committees. I think we may as connected with this subject comes up for well put an end to it by appointing such a reference, to decide at thee time to which comcommittee as this. mittee it shall be referred. I think at present Mr. BaaaoN called for the yeas and:nays, it will be better to have these two commitand:they were ordered. tees both consider the subject, the right havMLr. MlILLER. I would suggest to the gentle- ing been given to committees to confer toman that this might be appropriately called gether. the Omnibus Committee. Mr. CLARK:E. As I understand the duties Mr. CusHING. Or it might be called a Waste- of the various standing committees, there is bag Committee. no one which properly has jurisdiction, by Mr. CLARKE. There was a suggestion that its title, of the subject of this order. The there.should be a Committee on Emancipa- gentleman fi'om Baltimore (Mr. Stirling) extion and the Negro Population. I do not pressly stated that the committee named in know to which Committee that subject be- this order would be the committee which longs under, the various assignments. The would have charge of the subject. It was gentleman from Baltimore city (Mr. Stirling) suggested at the time that there was some suggested that it belonged to the Committee query. at least how that committee would get on:the Declaration of bRights; and there jurisdiction over the subject. It was simply might be, between that Committee and this that the Convention might refer the subject some controversy. I merely throw out the to some committee that I offered the order. suggestion, by way'of inquiry to which I have no objection to dividing the *subject committee that very important *subject be- or making any disposition of it the Convenlongs. tion may think proper; but I think it is a Mr. CUSmING. I think the Convention will subject of sufficient importance to-be brought decide whether the Emancipation question, before some committee in a distinct form. or the question of the Colored Population, Mr. JONES, Of' Cecil. Wo:uld it not be properly belongs to the Committee on the better, when propositions are offered, to refer Declaration of Rights or to this committee, them to the committee which may seem more and I am willing that these subjects should appropriate to those particular propositions go to whichever committee the Convention at the time? prefer.'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 gany (Mr. Hebb) that a portion of the sub1l-as follows: ject belonged to the Committee on the DeYeas —Messrs. Hlarwood, Abbott, Cushing, claration of Rights, and a portion to the Parran, Belt, Negley —6. Legislative Committee, I -will state that the Nays-Messrs. Goldsborough, President; Legislative Committee was in session last Hebb, Thruston, Wickard, Robinette, Miller, evening, and that that subject came up in the Bond, Henkle, HIatch, Kennard, Brooks, course of its investigation. I think it propStockbridge, Barren, Thomas, Audoun, erly belongs to both committees; and I Berry of Baltimore county, Hoffman, Parker, think in due course of time the subject will be King,Larsh, Smith of Carroll, Ecker, Swope, reported upon to the Convention without its Wooden, Jones of Cecil. Earle, Scott, Pugh, being referred specifically -to either of them. Briscoe, Turner, Todd, Carter, Noble, Keefer, If it is to be referred, it-would be better to Matrkey. Annan, Baker, Cunningham, refer it to both these committees, as it belongs Schlosser, Galloway, McComas, Hopper, to both. Russell, Hopkins, Sands, Sykes, Chambers, Mr. PuGH. In vindication of the gentleBlackiston, Holloway, Landsdale, Peter, man from Baltimore city, who seems to be Clarke, Berry of Prince George's, Marbury, absent, (Mr. Stirling) I did not understand Lee, Brown, Wilmer, Billingsley, Morgan, him to say that that question properly beHoisey, Valliant, Mullikin, Dellinger, Ny- longed to the Bill of Rights. I understood man, MaN hugh, Davis, Sneary, Smith of him to say that it might be that committee, Worcester, Purnell, Farrow, Murray-71. or it might be some other committee. 1 enSo the order was rejected. dorse the view of my colleague (Mir. Jones) THE EMANCIPATION QUESTION. that when the subject comes up, if it does ~Mr. CLARKE submitted the Following order: come up, it can be referred to the committee Ordered, That all subjects connected with which we think:appropriate to the subemancipation and the colored population of ject. It has not come up yet, except in this the State be referred to the Committee on present shape. I should be opposed to the the Declaration of Rights. suggestion to refer it to those two commitMr. HEBB. I am opposed to that. There tees even. There may be and I think there is one branch of that subject that belongs- are other committees to which some particumore properly to the Legislative Committee, lar portions of that question-the color quesand another branch that belongs to the Com- tion-may be referred; and I should be op 55 posed to confining its reference to any of tees may remain in session, and go on with the committees. If it shall hereafter appear their work this af'ternoon and to-morrow. I that we have not already enough committees am opposed therefore to the motion to adto do justice to that subject, which I assure journ until Tuesday, or Monday, or any other the gentleman from Prince George's we in- day than to-morrow. tend to do, if' we have not now enough on Mr. SANDs. When we urged the removal the roll, we will make more. I do not wish of the Convention to Baltimore city Ior the to have this subject bound down as the gen- purpose of facilitating buslness, I thought it tleman purposes, to any one committee, or seemed to be the general understanding under referred, as the gentleman from Baltimore which we all acted, that our business was city proposes, to any two committees. When here, $5 a day and attention to duty. I the subject arises I hope we shall be able to knew that the $5 a day and attention to duty di3pose of it properly. Was not going to work; and so it turns out. Mr. CLARKE. I do not think that the gen- I Mr. SToCKBRIDG(E I suppose the gentleman tleman from Baltimore city needs any de- Ireferred to the gentleman from:Baltimore fence; and I certainly intended no reflection county and not Baltimore city. upon him. The records will show that the Mr. SANus. I did not know thatI referred gentleman from Howard (Mr. Hopkins) to any member; I did not intend to do so. offered a proposition for the appointment of a That was the argument, that we were to give standing committee on that subject, and it j our undivided time to the Convention for $5 was distinctly stated'that it was unnecessary, ] a day. I determined that it should be my because the standing committees already ap- business to remain here; and should have pointed provide for it. My colleague asked | done so if it were not that I am exceedingly which of those committees, and the reply } unwell, and unable to be in my place. I was, the committee on the Bill of Rights; should not have asked to be excused merely that was the appropriate committe. I cer- On the score of business, it having been detainly think that it is a subject which the cided that our chief business is here. Convention ought to refer, to some commit- Mr. BERRY of' Baltimore county. If the tee. I have no doubt that the Convention gentleman from Howard noticed it, I asked intends to deal with the subject, for if not I ieave of absence because I had been called to certainly should not be one to precipitate Baltimore on official business. Itis not sick. action on the subject; and my constituents ness that keeps me away, or I'should have would like to know where the subject be- mentioned it. The gentleman simply asked longs But as the gentleman' fom Baltimore i leave without giving any reason for it. city is absent, I move that the consideration:Mr. SANDS. I had stated my reason, that of the order be postponed. it was sickness. I will say that I meant no The motion was agreed to. reflection upon the fairness of the gentlemen's COMMiTnTEE CLERKS. reasons. I have no doubt he has business in On motion of 1Mr. GALLOWAY Baltimore, and I have no doubt that many ol Ordered, That'S. C. Gorrell, one of the us will have business calling us to Baltimore Committee Clerks, be designated as Clerk for city. the Committee on Accounts. Mr. PUGo. I sincerely hope the motion ADJOURNMENT. Will not prevail. I, for one, came here for Mr. STOCKBRIDGE moved that the Conven- the purpose of working. I do not want to tion adjourn, but withdrew the motion at the lose a day. To adjourn over from Friday request of might be necessary for members to go home; Mr. BERRnnY of Baltimore county who asked but we shall only lose another day if we adand obtained leave of absence, having been journ to-day. I am anxious that we shall summoned to Baltimore on official business. remain here all the time we can. I hope Messsrs. KENNARD, SANDS, and BAnRON members will not adjourn until we have someasked and obtained leave of absence. thing in our hands to do, for we certainly Mr. STOCKBRIDGE renewed the motion to came here to do something. adjourn. Mr. NEGLEY. I am opposed to adjourning Mr. KING moved to amend bv adding " un- until Tuesday next. I was in favor of going til Tuesday next." to Baltimore city, believing that the business Mr. STOCKBRIDGE. If the motion is to ad- of the Convention would be expedited by the journ until Tuesday or any other time than removal. I understood the member from to-morrow morning, it is such an adjourn- Baltimore county (Mr. Berry) to say yesterment-as almost uniformly takes the members day in reply to the gentleman from Howard, away, and delays of course by just so much that it was a fair bargain between the State the progress of the Convention, as the com- of:Maryland and each delegate, that each delmittees will not continue in session and do egate should receive $5 a day, and each delethe work in their hands. Although there is gate should give his undivided attention to nothing before the Convention, I think it bet- the Convention,. Here is a manifestation of a ter that we should come here even for fifteen divided attention already. The gentleman minutes to-morrow, in order that the commit- from Howard (Mr. Sands) was censured, I think, for saying that he would be necesssi- Horsey, Yalliant, Mullekin, Dellinger, Ny tated on the ground of business, toreturn to man, Negleyt, Mayhughl, Davis, Sneary, Pur Ellicott's Mills. I understand he is State's nell, Farrow, Murray —60. Attorney, and therefore as much an officer ol So the amendment was not agreed to. the State as the gentleman from Baltimore The question recurring upon the motion to county; anld it' that was not a suffitient ex- adjourn, it was agreed to; and the Convencuse fur hilllm to abselt himself from the Con- tion adjourned. vention, and not a sutlicient excuse for him in wishing to get nearer home in the sittings oI SIXTH1 DAY. the Con ention, I cannot posjibly see why it should be a reason for the gentleman from Baltimore county to urge. 1 think he wound The Convention met. up his speech yesterday with saying that the Prayer tby the Rev. Mr. Davenport. very reason why he did not wish to move The Convention proceeded to tle considerfrom here was a personal reason. The rea- ation of the following resolution submitted son why the gentlemen from Howard urged by \Mr. Abbott on Tuesday last: the removal to altimore was a personal rea- "That this Convention take up the Bill of son, and he was censured for it, and that Rights and Constitution, commencinge a ctrevery identical reason was urged for retaining ful reading of the same by the clerk; that as it here. the sections are read each member of' the ConSince I am here, I want to go on with the vention be required to propose in writing work as rapidly as possible. 1 have no idea such alterations or amendments as he may that Nwe of Vuashingtoll county can get houme. desire, which shall be submitted without arWe came here to work; and we have no idea, gument or debate during the reading, all since we are penned up in, this place, of vot- said propositions to be printed and relerred ing for any leaves of absence or any ad- to alppropriate committees, upon whose report journments. We want to keep to our work,. ample opportunity shall be given for discus-,Mr. CUSmING. i hope the House will not sion. WhVen the reading shall have been begin its session, so Ifr as the work is coi flinished and each member has handed in his cerned,'or we are now jtst beginning to work, propositiont to alter or amend, all further by adjourning from Thursday over to Tues- proposition to alter or amend shall be deemed day morning. It this Convention is every out of order." week to adjourn over froml Thursday untli Mr. BmtaaY of Prince George's. It appears Tuesday, I du not see an:y' limit to the session to me that the object of that resolution would before us, at all. Already we have done that be fully met by leferring it to the Committee once.'ihenl tllere was a good reason, that on Rmules. it seems to be a resolution as to we had no work to do. But I thilnk tle mo- the ltanner in which we shall proceed with tion of the gentleman from Baltiumore city tile business. of the Convention. A cormmiit(Mlr. Abbott) comes up to-1'1morrow, atid when tee has been appointed to prepare rules Ior that is taken up there will be enoutlh to do, tihe conduct of' this body, and I move that the to read over tile Constitution anld refer it to resolution be relerred to that comrmittee. the commtittees. (Or it' the CJouvention itsell Mr. ABBOTT. I have no objection to that does nolhillg the commnittees caln meet; course. A13 only object in offering the resowhereas it we are all out of the city, excepting lution was to bring somtiething before the two days and a half eachl week, I dou nut see Convention that we could act upon, and the how we sLall make any progress. plan indicated by the resolution seemed to me Mr.'Touuo demanded thle yeas and nays, to be the proper plan ior the Convention to and tiley were ordered; and the question pursue. I presumte that ev.ry member here being taken, the result was-yeas 15; nays has some ideas of his own, and some derived 60-as follows: from conference xNe ith lis constit, ents before Yeas —Messrs. Miller, Harwood, Bond, coming here, as to certain alterations and Henkle, Hlatch, Brooks, Ba rron, King, Larshi, ametdments proper to be made inl the ConstiBriscne, Parlran, Hodson, Peter, Belt, Lee — tutmon. I desire that each mrember shall pre15. sent these views, and that they shall then be iVays-Messrs. Scott, Goldsborough, Pres- considered by the various standing commitideut, Hebb,'Ibruston, Wickard, lobitlette, tees. Kennard, Stockbridge, Abbott, Cushlngo The motion to refer was agreed to. Thomas, Audoun, Berry of BalLimorecountty, On motion of M5r. M1AnrEY, it was ordered }Honomil Parker, Smith~ of" Carroll, Ec]Jer, to be entered on the Journal that Freclerick Swope, \\Vooden, Jumres ol Cecil, Earle% Scott, Schley) of Frederick county, is detained from Pugh, Turner, Todd, Carter, Noble, Keeter, his seat in the Conlvention by indisposition. Markey, Atmuan, Baker, Ctmnningharm, Schlos- On motion of Mr. MotRGaN, it was ordered ser, (Galloway, McomLas, ll ppt, Her, Russell, to bte entered on the Journal that Chapman lopkins, Sands, Sykes ChaamiJers, Blackis. Billingsley, of St. AIary's county, is detained ton, lioilyday, Landsdale, Clarke, Berry of from his seat in the Convention by indisposiPrince George's. Marbury, Wilmer, Morgan, tioun. NUMBER OF TAX PAYERS. getting in that way. But if it is to be an Mr. McCOMAS submitted the following or- expense, it is certainly very important that der: we should know how much the expense will Ordered, That each delegation from the be before we act upon it. By a postponecounties and the city of Baltimore, designate ment we shall have time to ascertain the some member or members thereof to ascertain fact. the actual number of tax payers in each coun- Mr. lMILEnr. I think the information the ty and city aforesaid! and rport the same to gentlemanll from Ilarford (Mr. McComas) rethe Committee on Representation, as early as quires can he obtained from the census of the practicable. United States, which was very full, giving Mr. BERRY of Prince George's. It appears the amount each person is worth in all the to me that the object of that order will be counties of the State, if there has been a full better reached by making the request of the return of the census published. The mere several clerks to furnish the number. It would abstract in our hands, I agree, will not give be a very laborious duty for members of the us the information we seek. I think it can Convention to go home and look over the be obtained from the Census Department in assessment books of their several counties. Washington without any difficulty, so far aq The clerks of the several counties may very the State of Maryland is concerned. And if properly furnish them. I heartily approve that can be obtained in printed form and disthe object of the inquiry, but would prefer tributed among members of the Convention, that the request should be made of the clerks. it will be much better than calling upon the Mr. MlCCOMAS. I presume the case will be various counties. It certainly is information that the members will request the clerks to wh'ch I should like to obtain as well as any furnish them. That would be themost expe- other member of the body; but I do not ditious way, think the clerks of our various counties The order was adopted-ayes 32; noes 28. would go to the trouble of making out a list on Mr. ABBOTT. It is suggested by some gen- a mere request, unless there was some comtlemen that it will be some expense to procure pensation to be given. I am in favor of the this list from the counties; and that it would motion to postpone until we can ascertain be better to make an appropriation for that ivhether the clerks wIll do it without pay or purpose. not. The PRESIDENT. I do not know what pow- Mr. HENKLE. I understand the order to be er the Convention has to appropriate money. an inquiry relating to the number of tax Mr. AnBOTT. What power has the Con- payers in the different counties, and not revenlion to call upon the clerks of the different quiring a list of the tax payers in the differcounties for the list? ent counties. If a list is required, it would Mr. CLARKE. I wolld suggest that some impose a heavy duty upon the clerks; but to member who voted in favor of the order move give the number simply would involve a very a reconsideration. small amount of labor. It can be done in an hMr. PUGH. I move a reconsideration. hour in any county of the State. The clerks The motion to reconsider was agreed to. surely will not object to performing that Mr. BERRY of Ptince George's. I move the labor, even gratuitously. I ask if it is expostponement of the subject, to enable us to pected to have a list of the tax-payers, or look into the subject of the expense. I took simply the number. it for granted that at the request of the Con- Mr. AMcCoMAs. The object is to get simply vention the clerks of the several counties the number, and not the names of the taxwould furnish the information. But it is a payers. With regard to the Census Bureau, work of great labor, and some of them may in Washlington, any person familiar with the not do it. We would better act knowingly manner in which the last census was taken, on the subject. is well aware of the imperfection of it; and Mr. MacCoMas. I see no necessity for a certainly every State may have a better repostponement. I obtained the information port from its own officers. Besid(-s, I wish firom my county merely by corresponding to obtain the actual number this day, and not with the clerk'of commissioners. I wrote the number four years ago. a few days ago, and he at once sent me the Mr. CLARIE. As this may be the beginstatement. 1. suppose it could be done by ning of orders calling for various information correspondence, and the expense would not I would merely sougest that the proper mode be very great. The commissioners would would be for the House to adopt some order furnish it upon a respectful application with- of this character, that its officers shall obtain otlt any expense being incurred. the information, and that the work shall not Mr. PuoH. I understand the object of the be imposed upon members. Furthermore, motion to postpone to be to enable members with regard to the expense, whatever exof the Convention to ascertain that fact from penise should be incurred would be paid out the clerks of commissioners. If they are of the appropriation fund provided for the willing to furnish the information without Convention, upon being authorized by the cost, I should have no objection at all to Committee on Accounts, without requiring 5 any legislative power of this Convention to AMr. BERRY of Baltimore county -reported appropriate money. that the committee had performed that duty, Mlr. NEGLEY. Information never does any and the gentlemen named has accepted the harm; and if we get it of what use is it? invitation and would endeavor to visit the:The object for which it is desired, I presume, 1louse in the course of half an hour. is as a basis of representation. I happen to MISCELLANEOUS. belong to the Committee on Representation. Mr. THOMAS submitted a petition from H. I do not think the information will do any P. Jordan, State Librarian, asking for an injury; but for one I am' opposed to making increase of salary; taxation the basis of representation. I do Which was read, and referred to the Comnot see of what use the information will be. mittee on Civil Officers. Mr. THOMAS submitted the following On motion of ir. DArIS, amendment: Ordered, That the Commitlee on the LegisOrdered, That the County CommiEsioners lative Department enquire into the expediency of the several counties, and the Appeal Tax of reducing the number of the members of the Court of the city of Baltimore, be requested House of Delegates, and of having annual to furnish to this Convention a list showing instead of biennial sessions of the Legislature. the number of tax payers and the aggregate Mr. CLARKE submitted the following resoluamount of taxes [laid by each county and the tions which were read and laid over under city of Baltimore. the rule: On motion of -Mr. PARRAN, the whole sub- Resolved, That it. is inexpedient, in the orject was referred to the Committee on the ganization of the House of Delegates, or the Basis of Representation-yeas 32; nays 28. Senate, to adopt a system of repreeentation CONGRESSIONAL WAR COMMITTEE. based exclusively upon population. The PRESIDENT. There are a number of Resolved, That the Committee to consider distinguished gentlemen in the city, and if it fand report upon a basis of representation in is the pleasure of the Convention to extend any the two Houses of the General Assembly, and courtesies to them, this would be a proper time. a proper apportionment of representation in Mr. BERRY of Baltimore county submitted the same, inquire into the propriety of limitthe following order: rliu the number of members of the House of WHEREAS, The President of the Conven- Delegates to eighty, apportioning them among tion has announced, that Major General the several counties of the State, according to Lew. Wallace, commanding this Department, the population of each, allowing to Baltimore Hons. M. T. Odell, G. W. Julien, B. F. city four more delegates than are allowed to Wade, D. W. Gooch and B. F. Harding, the most populous county, and providing members of Congress, are now in this city; that no county shall be entitled to less than therefore, two members. Ordered, That a committee be appointed to Resolved, That in the organization of the wait on the above named gentleman and Senate, each county in the State and the city invite them to visit the Convention. of Baltimore, shall be entitled to elect one Mr. STIRLING. I have a little doubt wheth- Senatol who shall serve for six Sears firom the er that order means to invite those gentlemen time of election., to the privileges of the floor, or to give them On motion of Mr. ABBOTT, a reception on the Dart of the House. Ordered, That the printer and folders be Mr. BERRY of B9altimore county. Under required to furnish the members with their the rules of the House, they cannotbe invited five extra copies of the Journal, on each sueupon the floor of the House without at suspen- cessive day. sion of the rules. If this order is passed, the ADJOURNMENT OVER. President can invite them to seats on the floor Mr. SCOTT submitted the following order: of the House. Ordered, That when the Convention adMr. STIRLING. I am opposed to anything journs, it adjourn till Tuesday next. like a public reception; for I do not think it Mir. STIRrTING moved to amend by striking is necessary to compliment every distinguished out "Tuesday," and inserting " AlMonday." person who visits Annapolis, and introduce Mr. KINC. I moved yesterday that the him upon the floor in a formal manner; but Convention adjourn over, and it was objected ifitisto extend foethese persons the privileges to. I presume the same objection still exists of the floor, I think it is entirely proper. that if the Convention goes the committees The order was areed'to. go with them. I prefer that the Convention The PRFSIDENT appointed the following should sit to-morrow. and when we do adcon:mittee in accordance -with the above journ give us time to go home. If we adjourn order: over now we can get no further than BaltiMessrs. Berry of Baltimore county, Pur- more, for it takes us a day to getto Baltimore nell, Daniel, Hollyday, and Berry of Prince and a day to return. George's. Mr. SCOTT. I see we are doing nothing, The committee retired in the discharge of and probably will not for several days. I i the duty assigned them; and subsequently, think Wednesday is as early as any commit 59 tee will report. If we:adjourn to-day to meet we can go home and return so as to be here on Tuesday next, rmyembers can have a day or on Tuesday. If we adjourn only from Fri-two at home, and most of us have pressing day to Monday, it will effectually keep us business at home. I voted against the motion here all the time. We should have to reyesterday. We have gained one day by wait- main here Saturday and Sunday. It would ing; but we night nearly as well have gone be no benefit at all to members who are then, for anything that we have done or are obliged to go beyond the city of Baltimore. likely to do. 3Mr. TODD. If the object be to let members Alr. Kx1G, If we do adjourn, let us have a go home, it would be necessary, in order to day at home, and not be all the time upon the accommodate some of us, that we should adroad. journ to-day. If the C(onvention does not Mr. MCCOMAS offered an order, regulating adjourn until Saturday, it would be utterly the attendance of members, as an amendment impossible for my delegation to go home. which the President voted not to be germain The only way in which we can reach home is to the subject, and therefore out of order. to go to Baltimore to-night, and take the AIr. STIRLING. It is very true, as the gen- steamboat to-morrow for the Eastern Shore. tleman from Cecil says, that we have made I therefore hope, it' the Convention adjourns very little progress The only way to make at all over one day, it will adjourn so as to progress is to stay here and not adjourn. When afford us an opportunity equal with those a body of this size gets together, it is impos- who are nearer. sible for it to do anything definite at once. Mr. STOCIBRIDGE. I am opposed both to We have all got to get acquainted, to get the original motion, and to the amendment. settled, to talk among ourselves, betbore we I hope that we shall continue in session all get. to a definite point. The more we stay the time until our work is done, unless we here and stay together, the sooner we shall adjourn fobr very grave reasons which I do get to thatpoint. Every day we adjourn, not see at this time. There aire some memlvwe lose so much time, and must take a Iresh hers of this Convention, that, whether we start to come to the point again. If' the adjourn from to-day until Tuesday or from Convention stays here, the committees will to-morrow until Tuesday can go horne, and proceed much more rapidly in their work, be back to meet us again on Tuesday w.ornand will bring something before the Conven- ing. It seems to nme that it is hardly fair tion. But if we keep on adjourning we shall toward such members of tile Convention that want just as much time when we come back we should make these long adjournments. If for the committees to act, as before we ad- the committees would continue together durjourned. It think it is perfectly proper for ing the adjournment, so that our work would us to adjourn over Saturday. I think one be progressing as rapidly in csmmittee as if day out of the week may fairly be given to we had not adjourned, my objection wsould the members to go home. Beyond that I be removed. But if the Convention adjourns certainly do not think we ought to go. It the committees go with them; so that nothwe adjourn to-day, and adjourn over Mon- ing is done, and we meet on Tuesday mornday, we lose two davs. I think that. will ing precisely where we separate to-day. absolutely prevent any of the committees from Some of the members can go borne on adreporting on Tuesday; and I verily believe, journments for two days; others cannot. if we stay here on Monday, we can have a The only way is for us to remain at our post report from some of the committees on Tues- all the time, unless there are grave reasons day. I sincerely hope the Convention will for adjourning, and to go on from day to day stay here now, just as much as if they had until the final adjournment when we can all plenty of business before the ordinary ses- go together. That seems to be perfectly fair sions of the Convention. Whether we have to all the members of the Convention, and I business or not, I am always willing to ad- hope that course will be adopted now and journ over Saturday; but I am not willing to hereafter. adjourn over any other day of the week.:Mr. IING. When committees have made Mr. PUGH. My only objection to the gen- their reports, members will want time to detleman's amendment is just this; that 1 liberate upon them; but until the committees would prefer staying here until to-morrow, commence to make their reports, we ought to and then adjourning over until Tuesday. remain here. If we go, the committees go. There are a great many members of this Con- But after the committees make their reports, vention to whom it is a very important mit- we could take some days perhaps. ter that we adjourn we should adjourn until Mr. CusmING. I hope that the Convention Tuesday. They are not benefited equally will adjourn only over Saturday and until with the members from Baltimore city; for Monday morning, excepting for grave reaif they go home at all there is no way in sons. We should come here from day to day which they can come back and be at the Con- until our work is done; or, if we adjourn vention on Monday. Their only chance over Saturday itshould be only until Monwould be to stay here all the time. But it day morning. Some of the committees meet we adjourn on Saturday, over to TLesday, on Monday morning. I was notified of a 60 meeting at 10 o'clock, and there may be oth- Baltimore city. What I objected to was aders. If the Convention adjourns, these cor- journing. from Friday until Monday, when mittees cannot meet. we could adjourn from Saturday until TuesMr. STItLING. It is impossible to make a day, and be absent from here precisely the rule to suit the convenience of' all the mem- samee length of time, and a large majority of bers, equally. Some gentlemen live in An- the Convention would receive more benefit. napolis and can go home every day until the I do not pretend to subgest a plan by which Convention adjourns. They can go home to all the members should be equally benefited, their meals, and to drinks between meals. If but the delegation from the western and some we are to reduce everybody to that standard, other parts of the State would be more benethe Convention cannot sit two days in the fited by our absence for the sams length of week. The delegation from Baltimore hap- tim e. pen to live near, and can go home often. That Mr. KING. I do not see, in adjourning from is the result of circumstances. It is an ad- Saturday until Tuesday, that any gentleman vantage we happen to have. If everybody can reach home at all except the Baltimore else in the Convention is to be governed by delegation. We go to Baltimore.; and from the same mill, we shall have to take two more that place there is no conveyance on Sunday, days to enable distant members to go home. so that we are confined there, and on Monday When it is necessary for them to go, they can we come back. I wish some decision by apply to this Convention, and get leave to go which we shall either be allowed to go home, home, and still we can always have a work- or else stay here altogether. I have ne objecing quorum. We may hllow some to go tion to staying here; but when we do go home; but should not allow all to go home. home, let us have time to get home, and to There is no difficulty about the gentlemnan have a day there. I think we may be able to from Cecil getting leave of tibsence for two go when the committees have reported, so as days, either every other week. I am perfect- to give us time to deliberate. ly willing the Convention should stay here Mr. TODD. I am opposed to adjournments every Saturday; but I am not willing to ad- of this sort, as a general thing, and shall vote journ on any other day except Saturday. The against them. It is only in view of the fact last Legislature adjourned over Saturday, but that we have nothing of' pressing importance not over Monday. The delegates from Cecil before the Convention that I feel disposed to in the last House of Delegates went home and vote in flavor of an adjournment now. I feel came back Monday morning; and I think authorized to say that we shall probably have from the very town where my friend lives. something before us by Wednesday at the I know it is very inconvenient. They have farthest upon which we can act. If we to get up very early in the morning, some- remain here we cannot act much before that thing like 12 o'clock at night, to do it; but I time, because there will be no committee know it was done last winter. ready to report before Wednesday, in all Mr. NEGLEY. The gentleman from Balti- probability, even if we should remain here. more ought to have a little consideration for The amendment was rejected. the dele(rations from some of the other coun- On motion of Alr. StIRLrG, *ties. We wverestruggling as hard as we could The order was laid upon the table. struggle, some time ago, to go to Baltimore, in AIessrs. LANSDALE, PEsrsn, PUtGI, MrAnnRY, order that we might have some sort of chance PAReAN, NEGLEY, and ScoTT asked and obto go home or back occasionally. I believe tained leave of absence; that gentleman used all his power and influ- lMessrs. PUGH, PARRAN and NEGErE assignence to prevent us from getting so much ing as a reason, imrportant business engage-nearel horne. I do think it is rather hard ments, and MIr. SCOoT that he had nothing to and unfair that lie should now attempt to to do here having finished his duties uron the introduce a system of adjournment that re- committee of which he was a member. sults practically to his own benefit and the Mr. BEILT moved to reconsider the vote by benefit of these similarly circumstanced, and which tlhe order to adjourn over was laid entirely ignore Washington and Allegany upon the table. county. The motion was agreed to., Another thing. One of the gentlemen The question recurred upon the original from Baltimore city says that if we adjourn order, to adjourn until Tuesday next. over to-day, there are some of the delegates MAr. CUSaING demanded the yeas and nays, who cannot get back by Tuesday. That will which were ordered; and the question being not happen to any from the western part of taken the result was-yeas 25; nays 49-as the State. We can go home to-morrow, and follows: get back by Tuesday. Yeas. —Ilessrs. HIarwood, Bond, Henkle, Mr. PUGH. The gentleman from Washing- HIatch, Daniel, Abbott, Thomas, Scott, Pugh, ington county (Mr. Negley) has suggested Turner, Parran, Todd, Carter, Noble, Johnabout all I wished to say in regard to the son, I-Iodson, Markey, Sykes, Blackiston, matter. But the point and mode before was Lansdale, Peter, Belt, iiMarbury, Morgan, not exactly reached by the gentleman from Jones of Somerset.-25. 61 N'ays.-Messrs. Goldsborough, President, where this whole subject of the colored popuGreene, Hebb, Wickard, Robinette, Miller, lation belonged. Yesterday, when the quesStockbrid(ye, Stirling, Cushing, Andoun, tion was again before the Convention, it was Berry of Baltimore county, Hoffman, Parker, claimed by two coalmittees that the subject King, Larsh, Ecker, Swope, Wooden, Earle, belonged partialiy to one and partially to the Smith of' Dorchester, Keefer, Annan, Baker, other. MIy sole object in offering the order Cunningharn, Schlosser, Galloway, McComas, was that there might be some understanding Hopper, Russell, Hopkins, Chamnters, H-lolly- with reference to this question of what comday, Clarlke, Berry of Prince George's, Lee, mittee had the subject under consideration, so Brown, Wilmer, Horsey, Mullikin, Dellinger, that gentlemen might know where to refer Nyman, Negley, MIayhugh, Davis, Snears, any propositions they might have to offer. I Smith of Worcester, Purnell, Farrow, Mur- do not now desire to enter into any discussion ray-49. upon the question. When it does come up, a So the order was rejected. shall meet it with a spirit of frankness, as I Mr. DANIFL submitted the following order: question that concerns all the people of the Ordered, That when this Convention ad- State. I will only say that after conference journs, it stands adjourned until Monday next with the chairmian of the Committee on the at 12 o'clock. Decla;ration of' Rights, I really thought that Mlr. CUSIING. I think the vote we have committee would properly consider tiLe subjust had, has proved that this House does not.ject in all its various branches. It is a quesdesire to adjourn over to-day until any day tion of importance to the people whorn 1 repnext week. I thlink it is consuminc the time resent, what is to be the future of this popuof the Convention to go over a subject which lation; whether, if free, they are to remain has been acted upon. I would inquire if this permanently in the State of Maryland, or is in order. whether provisions are to be made in referThe PRESIDtENT. The former proposition (nce to their removal, how the old and the did not designate any particular hour, and young are to be provided for, whether they this is a different proposition, and in order. are to be turned loose on the cotmmunity and The yeas and nays were demanded and the counties are to be taxed, or whether some were ordered. The question being taken, the system, like a system of apprenticeship, is to result was-yeas 26; nIlays 47-as follows: be adopted, until they arrive at a certain age. Yeas-Messrs. Greene, Hebb, Miller, Har- There are also various other considerations of wood, Bond, Henkle, Hatch, Daniel, Abbott, grave importance to the citizens of my counThomas, Turner, Parran, Carter, Noble. ty, in reference to provisions hereafter, whatSmith of Dorchester, Markey. Hopkins, ever may be done now upon this subject; Sykes, Chambers, Lansdale, Peter, Belt, whether the colored people who ha've left this Mlarbury, Morgan, Jones of Somerset, Smith State and moved into the Distl'ict of Columof Worcester-26. bia, the law taking effect upon them there, Nirys-A-essrs. Goldsborough, President; have a right to return, not beingi forbidden Wickard, Robinette, Stockbridge, Stirling, under the provisions of the code from returnCushing, Audoun, Berry of B1altimore county, ing, or whether we shall adopt some provision Ilotffman, Parnker, King, Larsh, Ecker, Swope, forbidding their return, or some provision Wooden, Earle, Scott, Pugfh, Todd, Johnson, similar to that enacted in the constitutions of Keefer, Annan, Baker, Cunninghamn, Schlos- various free States, entirely prohibiting this ser, Galloway, McComnas, Hopper, Russell, population from coming into the State. Blackiston, Hlollyday, Clarke, Berry of Prince I humbly conceive that the Committee on George's, Lee, Brown, Wilmer, Horsey, Mul- the Declaration of Rights have various ablikin, Dellinger, Nyman, Negley, Mayhugh, struse principles of goverunment to discuss Davis, Sneary, Purneil, Farrow, Murray-47. which underlies and are the basis of all goySo the order was rejected. erment, and which may take up all their Em^ANCIPTI'AON. time. Or if they consider thlose questions On motion of Mr. CLARKE, first which properly belong to the Committee The Convention proceeded to the consider- on the Declaration of Rights, it will be late ation of the following order submitted by him in the session before we shall have a report on yesterday: o0 this subject. My constituents, as agriculOrdered, That all subjects connected with turists, feel a deep interest in this subject, to emancipation and the colored population of know what provision to make for their crop, the State, be referred to the Committee on the for their labor; and they desire to have a Declaration of Rights committee to which these propositions may be Mr. CLARKE. I stated yesterday, when I submitted. offered this order, that it was done to carry I would also inquire, whether, if, the Comout what I supposed was the understanding mittee on the Declaration of Rights should of the gentleman who was the chairman of determine to provide for this subject by a the committee on that subject, (Mr. Stirling.) provision like that commonly known as the When the various standing committees were Jefferson Ordinance, it would not leave these appointed, several gentlemen had some doubt other questions to go to some other commit 62 tee which might consider and report upon Mr. CLAnRKE. I will only say in reply to them with such care as they really deserve. the gentleman from Baltimore city that my I think it desirable that we should have a object has been fully accomplislied. I wished standing committee on that subject, and I to know what committee had charge of this therefore move the following arendment of subject, and I now understand; that it is in the original order: the hands of two committees. Ordered, That a standing coimmittee to Mr. HEBB. I think I distinctly sta.ted that consist of seven members, be appointed by the the other day, when the gentleman offerei: his President of the Convention, to be styled " A, order, that it was in the hands of two comCommittee to consider and report upon the mitteqs which I named. Colored Population of the State." BASIS OF REPRESENTATION. Mr. BEBB. I think the Committee on the Mr. NEGLEY submitted the following resoDeclaration of Rights, arid the Legislative lution, which was r,.ad and laid over under Committee are sufficient to take charge of the the rule: subject; and in order to test the sense of the Resolved, That the true theory of represenConvention, I move that the order be laid tation in popular Governments, is that of reupon the table. presentation according to popuiation, except The motion was agreed to. in such cases where a portion of the populaMr. CLARKE. Gentlemen have various tion is denied the exercise of the right of propositions. Are we to understand that the, suffrage, in which case representation ought Committee on the Declaration of Rights to be according to the population endowed and the Committee on the Leg islativ e Depart- with the elective franchise. ment have these various branches under con- Mr. DANIEL submitted the following order: sideration? Ordered, That a copy of' the Rules of the Mr. STIRLING. I think I can very saf'ely House of Delegates be furnished by the Lisay, without arrofating anything to myself, brarian to each member of this Convention. that that is the understanding, that those two Mr. BERRY of Ba!ltimore county. I doubt committees embrace the sublject. whether the Librarian has them on hand, and Mr. DANIEL. When- any proposition is it is hardly necessary to go to the expense of before the House, it will be competent to con- printing them. The Committee on Rules will sider to what committees that proposition report in a very few days, and then we shall may properly go; and if it is proper the have our own rules. House rmay refer it to any other standing Mr. JONES, of Somerset. I apprehend that committees, or even to a new committee. I most of the members have copies already. think it is best to wait until the proposition They were handed round very generally on arises, and then to determine what is the most the first day of the session. 1 found one laid appropriate corlmmittee.. upon my desk, which I have. Mr. BIERRY of Prince George's. I think itis The order was rejected. desirable that the inquiry should be made as On motion of Mr. BERRY of Baltimore to what part of this subject is to be considered county, by the Legislative Committee and what part The Convention adjourned. by the Committee on the Declaration of Rights; and I make that inquiry with this SEVENTH DAY. view: We shall in a 1 probability be receiv- SATURDAY, May 7 1864. ing petitions, and we want to know to which committee it is most appropriate to refer these The Convention met. petitionis or communications on this subjeet. Prayer by Rev. Mr. Owen. I would therefore ask the chairmen of those The roll was called, and 50 members two committees what branch of the subject it answered to their names. is contemplated shall be acted upon by each. The President stated that there was nothMr. STIRLING. I think I have sufficiently ing before the Convention to be acted upon. answered, so far as the question: can be an- OFFICIAL REPORTINCG. swered. Each one of these committees ne- Mr. STIRLING. There is a subject perhaps cessarily possess the right to report to this not of great importance which I will melConvention,any subject matter;ivhich natur- tion. The last clause of the 3d section ef the ally belongs to it; and the committees have Act under which this Convention meets, is as also, by resolution of the Convention, the follows: power of conferring among themselves as to "It shal be the duty of the Speaker of the their reSpective duties. It certainly was my House of Delegates, and of the President of understanding of the order offered by my col the Senate, to provide a Reporter of the Deleague, that the committees should decide bates and Proceedings of said (Conventionj this matter for themselves. I can only say to who shall act until the said Convention shall my friends from Prince George's that if they provide its own officers." have any proposition upon the subject of' Isuppose the proper construction of this emancipation to introduce to thisConvention, provision is that until the Convention shall we will, when they are offered, refer them to provide its own' reporter, the reporter already appropriate committees. 63 appointed by the President of the Senate and Resolved, That it is inexpedient, in the organ Speaker of the House of Delegates shall act. ization of the House of D elegates, or the SenBut there might possibly be the construction ate, to adopt a system of representation based placed upon it that the expression " until the exclusively upon population said Convention shall provideits own officers" Resolved, That the Committee to consider refers to the selection of other officers, at and report upon a basis of representation in which time it would be necessary for the Con- the two Houses of the General Assembly, and vention to select its resorter. If it meets the a proper apportionment of representation in approbation of the Convention I will offer an the same, inquire into the propriety of limitorder that the gentlemtn appointed under the inr the number of members of the House of provisions of this act, shall be the reporter I Delegates to eightyt apportioning them of the Convention. among the several counties of the State, acMr. STOCKBRIoDGE There is a Committee cording to population of each, allowing to on Reporting and Printing; and it may be Baltimore city tbur more delegates than are better perhaps for thaet Committee to consider allowed to the most populous county, and and report upon this. providing that no county shall be entitled to Mr. STIRLING. I am willing that the order less than two members. should be referred to that Committee. I have Resolved, That in the- organization of the had no conversation with the reporters about Senate, each county in the State and the city it, but I rather think they would feel more of Baltimore shall be entitled to elect one comfortable in their positio- if some action Senator who shall serve for six years from were taken. I submit the following order: the time' of election. Ordered, That the Stenographer appointed On motion of Mr. CLARKEj the resolutions by virtue of the third section of the Conven- were amended by adding at the end of the tion Bill, is hereby appointed the permanent second resolution the following: Stenographer of the Convention. " Or in case -the said Committee shall deOn motion of Mr. BERaY of Prince George's termine that it is expedient, in the organizaThe order was referred to the Committee tion of the House of Delegates, to adopt a on Reporting and Printing, principle more nearly approximating repreThe Convention adjourned. sentation according to population, (Baltimore city inclusive,) then the said Committee EIGHTH DAY. shall inquire whether a provision ought to be inserted in the Constitution dividing the city 1MONDAY, May 9, 1864. of Baltimore into districts, each district to The Convention met. elect two members of the House of Delegates, Prayer by Rev. Mr. Patterson. and as the purity of elections is the best safe. guard of republican institutions aid providBASIS OF REPRESENTATION. ing for the passage by the Legislature of a The C )nvention proceeded to th- consider- registry law for the whole State." ation of the following resolutions submitted Mr. CLARKE also submitted the following: by Mt. Clarkle on Friday last: statement: 64 APPORTIONMENT OF REPRESENTATION IN TIlE HOUSE OF DELEGATES, UNDER TIHE RESOLUTIONS OFFERED BY MR. CLARKE, OF PRINCE GEORGE'S COUNTY. Number, slhow-l ~.8 ~o ing fractional': Fl " part when di- d. COUNTIES. - 4videdby r,~~ OO O unit of repre-;; sentation, ex-' 2 o; ~ cluding Balti- O v more city. o B Baltimore city.......... 212,418............. 12 Allegan y............... 2-,348 4. 734o 4 Anne Arundel.......................... 23,900 3. 2 9 3 Baltimore county......... 54,135 7... 0. 5 8 Calvert..... 10,447 1. 4 7o 2 Caroline.......................... 11,129 1 4 o 2 9 2 Carroll........... 24,533 3 3 5 3 3 4 Cecil............................. 23,862 3 7 S o 2 3 Charles............ 16,517 2. 2 6 7 1 2 Dorchester.. sseeev***e**sso*@@.e***.. 20,461 2 7 0 3 Frederick.... @ 1 46,591 6. 7 5 0 Harford..,.....i......... 23,415 3 4'1 3 Hodiard......................................... 13,338 1. 3 2 Kent........................................... 1 3,267 1. 7 2 Montgonmery..............................18,322 2. 3 Prince George's.................. 23,327 3. 7 o 3 Queen Anne's..................................... 15,961 2 2 St. Mary's....15,213 2. 2 2 Sornerset.......?. s — **... *.,. -....... 24,992 3. 7 9 9 4 Talbot...................................... o 14,795: 2. O'9 o 2 Washington......................................... 31,417 4. o 7 4 Worcester........................... 20,661 2 6 6 1 3 Total........................................ 687,049 80 The above apportionment is obtained by the above statement, were referred to the Comdeducting from the whole population of the mittee on the Basis of Representation. State, 687.049, the population of Baltimore Mr. STocKBRIDGE. The gentleman from city, 212,418, which leaves the population of Washington county, (MNr. Ne.ley) offered a the State, exclusive of Baltimore city, 474,- resolution on the same day, which I suppose 631. Giving to Baltimore city twelve mem- should have the same reference. In his abbers, (four more than Baltimore county,) this sence I will take the liberty of moving that leaves sixty-eight members to be apportioned that resolution be refarred to the same comamong the counties according to population, mittee. allowing no county less than two members. The Convention proceeded to the considerDividing the population of the counties, 474,- ation of the following resolutions offered by 631 by 68, gives the unit of representation, Mr. NEGOLEY on Friday last, and it was referin round numbers, 7,000. Then dividing the red to the Committees on this Basis of Reprepopulation of each county by this uinit of sentation: representation, and assigning to the counties Resolved, That the true theory of represenhaving the largest fractions one additional tation in popular Governments, is that of member until the whole reaches eighty mem- representation according to population, exhers, the above apportionment is obtained. Icept in such cases %where a portion of the popOn motion of Mr. CLARIE, ulation is denied the exercise of the right of The resolutions, as amended, together with suffrage, in which case representation ought 65 to be according to the population endowed and having entrusted to them the managewith the elective franchise; ment of the roads within their own limits, Mr. BELT submitted the following resolu- the public schools, and local tax. tion for tion which was laid over under the rule: these purposes, and various similar matters, Resolved, That if the principle contained which in this State are somewhat cumberin the resolution of the gentleman from VWash- some, being turned entirely into the hands of ington county, be correct, in asserting thalt, theStateLegislature. Anygentlemnan who has under a republican system, population is the observed the course of events in our Legislatrue basis of representation, excluding all turefirom year to year, knows that there are classes not endowed with the right of suf- all ays brought up here a large number of frage, then the authors of the Constitution of matters of purely local concern of which the United States were uninformed of the the mnembers of the other counties know principles of republicanism, in that they ad- nothing and care nothing. Such measure mitted all free persons, and even a large pro- occupy sometimes more than three-fohrths of portion of slaves, as within the basis ulon the time of the Legislature. They are prewhich the States are represented in the Fed- sented'and usually referred to the delegation eral Congress. of the county as a committee. That delegaonDEns OF INQUtRY. tion has be:n elected without any special refMr. NYMAN submitted the following order: erence to this particular matter and they act Ordered, That the Committee on the Leg- upon it, and their action, wise or unwise, is islative Department inquire into the propriety scarely even reviewed or reversed by the Le&of abolishing the clause -in our present islature. AMatters with reference to roads, Constitution disqualifvinIg any minister or the location of school houses, and subjects of preacher of any denomination from being thissort, are acted upon without any notice eligible as Senator or Delegate. being given to the persons directly and Mr. BEtnY of B iltimore county. I think greatly interested in them, and they learn of an order of' that kind is unnecessary because the matter for the first time after it has be. as a matter of course that subject will come come a law of the State. I am not prepared before that committee for inquiry, that being to say that any existing system of whith I,one of the matters in the present Constitution have any knowledge is exactly adapted to which will come before them for considera- the wants of the counties of this State. It tion. 1 have no particular objection to this has occurred to me, between, that it might particular orde.r. I merely throw out the be possible for this committee, to initiate suggestion to avoid further orders of like some measure or system of measures which character. might result in givingr this State Legislature The order was agreed to. relief from discharging year after year busiMr. STOCItBRIDGE submitted the following: ness which it is unqualified to perform. I Ordered, That the Committee on the Rights, have tberfore asked that this Committee be Duties, Divisions and Sub- divisions ofl Coun- instructed to inquire into this slllbject; and ties, be instructed to inquire into the expedi if they can prepare a proper system, I trust ency of dividing the several counties of the that they will do so. State into Wards or Townships. in place of The order was agreed to. the present Election Districts; such Wards On motion of Mir. PURNELL, or Townships to be permanent political in- The Convention adjourned. corporations, and vested with all powers necessary for their local government. NINTH DAY. Mr. BAitzR. I should like to hear an explanation of this order. MIr. STOCtRIDnGGE. The purpose of this The Convention met. order is to call the attention of that Commit- Prayer by the Rev. Mr. McNamar. tee to what I conceive to be in some respects The proceedings of yesterday were read. a defect in the local government of the State. SPECIAL COUNTSEL. Three quarters of a century ago, Thomas The PRESIDENT laid before the Convention Jefferson of Virginia, and large numbers the following communication from the Compwho acted and thought with him, made a troller most determined effort in that State to estab- Which which was read and referred to the lish sub-divisons in the several counties, Committee on the JudiciaryDepartment, and to be vested with powers of local govern- ordered to be printed on the Journal. ment. The same thing was attempted and TREASURY DEPARTMENT, successfully accomplished in many of the CoAPtTROLLER'S OFFICE, Northern States, and has been for more than ANNAOLS, May 10th, 1864. a century in operation in some. of them. To the Presidet of the Convention The counties are divided into townships and SIR: In obedience to an order of the Conwards, the inhabitants of each town assem- vention, adopted on the 4th instant, requirbling in town meeting and there in theform of ing the Comptroller of the Treasury to rea pure democracy transacting local business, port " a statement of the aggregate amount 66 paid by the State to special counsel employed lowing statements, A and B, embracing the by the Executive, or other officers of the information asked for by the Convention. State, since the adoption of the present Con- Respectfully yours, Stitution, and also the amount paid to special- HENRY H. GOLDSBOROUGH, Judges," I have the honor to submit the foli Comptroller. STATEMENT A. PAYMENTS TO ATTORNEYS EMPLOYED BY THE GOVERNOR OR OTHER OFFICERS OF THE STATE, FROM JULY 4TH, 1851, TO MAY 7TH, 1864. 1852. May 31.-To Robert J. Brent, State vs. Hanaway....................... $.1,200 00 James Cooper,....................................... 1000 00 June 4. "Otho Scott and Jas. M. Buchanan, Commissioners to Pennsylvania in case of Archibald G. Ridgely -.................... 1,500 00 1853. April 25. "Robert J. Brent, State vs. Milburn, Crain & Lee................ 600 00 June 6.' Jas. Lloyd Martin, State vs. Theodore Loockerman............. 450 00 7. " Otho Scott, State of Pennsylvania vs. Archibald G. Ridgely..... 562 50 " 5 Jas. A. Buchanan, State of Pennsylvania vs. Arch' d G. Ridgely.. 562 50 1854. Feb'y 17. " Henry M. Murray, State vs. W. M. Chauvenet......... 100 00 April 3. " Chas. F. Mayer, Thomas vs. Owens, Treasurer....................... 200 00 " Jervis Spencer, 200 00 Sept. 21. " A. R. Sollers, State vs. T. C. Worthington........................... 450 00 1856. Feb'y 1. " Henry M. Murray; State vs. McPherson Lyles..................... 100 00 12-. " Bradley T. Johnson," " Flannigan................................ 100 00 29. " James S. Franklin, I " Cochran & Raab. 200 00 March: 3. " C. J. M. Gwinn, sundry cases.............................................. 400 00 " "c Mountjoy B. Luckett, State vs. Basil Eves.......................... 100 00 April 1. " James Lloyd Martin, " " Loockerman.....................50 00 7. " F. Stone, State vs. Byran & Lawrence. 50 00' R. Ford, " " "' 50 00 17. " J. Mason Campbell, State vs. Isaac R. Smith.......................... 500 00 23. Thomas G. Pratt, " " Thomas Osbourn........... 100 00 28. " Joseph M. Palmer, " C Parrish and others..................... 100 00 June 26. " D. C. Diggs, " "Thomas Osbourn....................... 50 00 C" W. J. Byrd, " Mister.................... 50 00 July 8. " W. W. Bowie,' " B. J. Gardner......................... 100 00 Sept. 8. " Henry W. Archer, Robert Swift............................ 200 00 1859. Jan'y 8. " John T. B. Dorsey, Sh iinger. 10000 March 1. " Bradley T. Johnson, Sundry persons...................... 400 00 5. " James S. Franklin, " " Thomas R. Tongue............. 150 00 9. " C. J. M. Gwinn, Gittings & Norwood................ 600 00 10. "Henry May,, " Robert Swan............1............. 1,000 00 20.' W. F. Frick,' " Stockton, Falls & Co.............. 400 00 25 " Josiah H. Gordon, " Owens & Colman.................... 300 00 April 17. " James M. Schley,' Brast & Kellenbeck................... 150 00 May. " JaJmesRevell, Christie.................................. 100 00 25. R R. S. Reeder, " " c Sundry persons................... 200 00 31. "Thomas J. Wilson, Schley vs. Comptroller..................... 100 00 June 26. " Brice J. Goldsborough, State vs. Solomon Wilson............ 50 00 1860. Jan'y 21. James T. McCullough, Cantwell vs. Owens........................... 00 00 Feb'y 14. "Charles W. Webster, Parrish vs. Stat e.................................. 200 000 29. " N. Brewer, of John, Green vs. Comptroller........................ 150 00 March 8. " James M. Schley, State vs. N. D. Smith............................. 400 00 12. " Daniel M. Henry, " " Thomas E. Williams.................... 300 00 13.'. Nevitt Steele,' Susquehanna Steam Co.................. 200 00 17. " J. A. Lyn'ch, " " Ann Hammond......................... 150 00 20. W. Viers Bouic, Rhody Ricketts......................... 200 00 29. " James Revel, " James Wedge and others.............. 600 00 Nov..24. " J. T. Briscoe, Wi Billingsley............................. 200 00 $15,425 00 67 STATEMENT A —CoNTINUED. Amount brought forward, $15,425 00 1861. April 24.-To Jervis Spencer, State vs. Baltimore city............................ 200 00 1862. March 26. " William Price, " "' Baltimore & Ohio R.R. Co..0.......... 300 00 " " George Vickers, " " Albert Reed................................ 200 00 April 2. " William Price, " " B. & 0. R.R. Co.and St. Johns Col. 1,200 00' " Randall & Hagner, " " Balt. & Ohio R.R. and others........ 1,100 00 3.',' T. Yates Walsh, " " N. Hickman................................ 150 00 "W. H. Dallam, " " Jarrett and Harwood.................... 100 00 9. " E. W. Webster, " " J. Montgomery and others.............500 00 10, " Milton Whitney, " " Sundry persons, five cases.............. 1,000 00 25. " Thomas Donaldson, " " Harwood.................................... 200 00 l 1l T. S. Alexander, "" Jarrett and Harwood.................. 400 00 June 18. " E. F. Chambers, "' Solomon Wilson......................... 300 00 1864. Feb'y 19. " Neilson Poe, " " Balto. & Ohio R.R. Co............... 1,000 00 March 9. " William Schley, " ".................. 500 00 19. " N. Brewer, Jr., " " Hoffman.................................. 100 00 21. " T. G. Pratt, " " Jarrett and Harwood....................400 00 24. " H. W. Archer, " " " " "............ 300 00 t" Jonathan Meredith, Myers vs. State of Pennsylvania......... 500 00 April 28. " Ezekiel F. Chambers, State vs. Solomon Wilson................. 200 00 May 3. " William J. Jones, sundry cases............................................ 400 00 $24,475 00 STATEMENT B. PAYMENTS TO SPECIAL JUDGES FROM JULY 4TH, 1851, TO MAY 7TH, 1864. From July 4th, 1851, to Sept. 30th, 1854............................................... $2,207 60 For the fiscal year ending Sept. 30th, 1855......... 2,117 00 Sept. 30th, 1856................................... 4,547 40 " It "4 Sept. 30th, 1857............................................. 3,850 00 it I i' ~ Sept. 30th, 1858............................................... 6,279 20 t"'' " " Sept. 30th, 1859.......................................... 2,032 20 Sept. 30th, 1860............................ 2,312 20:": " "( Sept. 30th, 1861.............................................. 1,933 60 Sept. 30th, 1862................................ 1,328 40 Sept. 30th, 1863.......................................... 2,148 00 From Sept. 30th, 1863, to May 7th, 1864...................................... 436 90 $29,192 50 NEWSPAPERS FOR MEMBERS. Mr. DANTrEL Some of the counties have none. Mr. MIARBURYsubmittedthefollowingorder: Mr. SANDS. Will the gentleman include Ordered, That one paper having the largest all the papers in Baltimore City? circulation in each county, be furnished this Mr. MAVIiAURY. Yes, sir; it is only during Convention, to be kept on file in the Library, the sitting of the Convention. for reference, by the members. Mr. BnRRY of Baltimore County. Have Mr. MARBURY. This is an order to enable. we under the Constitution any right to subus to gather as much statistical and other in- scrfibe for papers? formation as possible. The whole State is Mr. PReSIDENT. We have not. very deeply interested in the proceedings of Mr. CiLARIE. I will only ask one question this Convention; and: we may gather some with reference to the power of this Convenvery useful information and suggestions from tion. I understand that we are not acting the public press. I think the expense wvould under the constitutional provisions contained be.very small in comparison with the benefi- in our present Constitution. By our actions cial results. we can overthrow the old Constitution, subMr. PUGH. How are we to determine ject to ratification by the vote of the people; which paper has the largest circulation? and I conceive that it is certainly within the Mr. MARsuRY. I have no objection to hav- flinits of our power to pass such an order as ing all the papers. this. 68 Mr. SANDS. Perhaps it would be proper to they will receive either at their homes or refer this subject to the Committee on Ac- here. I think it is wrong in principle to counts. There is only a definite sum of make this a charge upon the State; and money to be expended here; and I under- therefore although there is nothing in the stand that this will be a matter of some cost. Constitution forbidding it, I shall vote aginst Mr. MARBURv. I do not know what clause it. I disagree with the gentleman from of the Constitution is referred to; but I do Prince George's that there is nothingc in the not consider this Convention debarred from Constitution that binds us at all, for we have a adopting any rules or order necessary to right to do as we please and submit anything frame a Constitution, or to aid them in the we ple ise. Certainly [ thinkl it is an erroneprosecution of their work. I understand:we ous idea that until we make a new Constituhave unlimited power to do anything that is tion we are not bound by the one that is necessary to perfect this Constitution; and made; and the new Constitution is not only I consider this as one of the means necessary to be made but to be ratified by the people of to give us the information which we require the Stale. from every part of the State. It is certainly Mr. MARBnURY. I intended to say that the very desirable, and I think it is necessary Convention has unlimited power to do anythat we should have that information. thing to perfect the Constitution. Mr. BEvRY of' Prince George's. I think, Mr. DANIEL. I referred to your colleague, from reference to the constitutional provision who sits next to you, (MIr. Clarke.) that it does not apply. I understand the ob- Mr. AnBBOTT. I move to amend by allowject of the order to be to procure these papers ing each memnber to subscribe for one copy for the benefit of the Convention, to furnish of such paper as he may desire. us with statistical and other information Mr. MAInBURY. In that way we should lose from all parlts of the State, upon matters that the advantage of having the papers collected may come before the Convention for thpir in the Library where each member can go action. T!he provision of the Constitution and obtain a correct idea of whhat public which is referred to, is Art. 3, Sect. 20: opinion is throughout the State. One menm-''No money shall be drawn from the Treas- ber will subscribe for a paper representing ury of the State, except in accordance with an certain views, and another member for a pawappropriation made by law, and every such per representing different views, and each will law shall distinctly specify the sum appro- read only one side. Mly object in making a priated and the objects to which it shall be general provision was that we might ascerapplied; provided, that nothing herein con- tain the public opinion all over the State, and tained shall prevent the Legislature from learn what the people think of our proceedplacing a contingent fund at the disposal of ings here, what suggestions they have to make, the Executive." etc. I think it is very necessary to enable us to A provision has already been made by the prove such a Constitution as the people will last Legislature for the purpose of defraying adopt. How can we ascertain wvhat they dethe expenses of this Convention. Tiis infbr- sire in any other way except tlhrough the mation is for the purpose of enabling the press of the State. If a gentlemen takes a Convention during its session to get at the newspaper representing only certain views, public opinion on the various questions which may not be the views even of a majorwhich shall be considered here. ity of the people of that county, how is he to The PRaSIDENT. The chair will call the ascertain the real sentiments of the people. I attention of the gentleman to the 30th Sec- can think of no other way than this to get at tion of the same article: the public opinion of the State. "No book or other printed matter not Mr. MILLER. I think the question is whethappertaining to the business of' the session, er the Comptroller of the Treasury or the shall be purchased or subscribed for, for th'e Treasurer himself, will pay the money on the use cf the members or he distributed among order of' this body; whether they will deem them, at the public expense." themselves authorized to pay it or not. Mr. BERRY of Prince George's. This ap- Whether we are sitting under and bound by plies merely to the Senators and Members of the provisions of the present Constitution or the House of Delegates; and has no applica- not, undoubtedly the officers of the State, the bility at all to members of this Convention. Treasurer and the Comptroller, are bound to Mr. DANIEL. I concede that there is noth- act under the provisions of the present Coning in the Constitution prohibiting this, if stitution and the present laws. The bill the Convention deem it necessary to forward which authorized the calling of the Conventheir deliberation here in any way; but I tion, fixed the per diem of the members at shall vote against it because I think it is "$5 per day, and the mileage allowed to the wrong in principle and would be a bad prece- members of the General Assembly of this dent. I think that the members will gener- State;and the said Convention sha'll have powally obtain their own papers; and I take it er to appoint such clerks and other officers as for granted that nearly every member of the may be deemed necessary to facilitate the Convention has subscribed for papers, which transaction of the business of the Convention, 69 and to fix their comp'nsation, and the Treas- On motion of Mr. GALLOWAY, urer of the State of Maryland shall, upon the Ordered, That the Committee on the Judiorder of the President of said Conventio'-, ciary Department be requested to inquire pay to each member thereof their per diem into the expediency of changing the Sixth and mileage as hereinbefore provided, and Judicial Cir'cuit, composed of Baltimore, shall also pay to the officers of said Conven- Harford and Cecil counties, into two separate tion, upon the order of the President, such and distinct Circuits. compensation as the Convention shall allow; On motion of Mr. HEBB, provided it shall be the duty of the Speaker Ordered, That the Committee on Accounts of the House of Delegates, and of the Presi- be requested to fix the per dienz and mileage dent of the Senate, to provide a reporter of of the officers of the Convention, and report the Debates and Proceedings of said Conven- the same to the Convention for its action at tion, who shall act until the said Convention as early a day as possible. shall provide its own officers." Mr. CLARK1E submitted the following order: I think that under this law, the Comp- Ordered, That the Committee on the Jutroller of the Treasury and the Treasurer him- diciary inquire how far this Convention is self, are bound to pay and to pay only what limited in its powers by the existing Consfithis law authorizes to be paid. The last appro- tution of the State, and the act of Assembly printion bill, passed in pursuance of the pro- providing for the call of the Convention, and visions of this law, carrying out its purpose, report to this Convention at as early a day as appropriated $150,000 for the expenses of this practicable. Convention; and they are only such expenses Mr. CLARKTE. I offer this simply that the as the Convention bill itself provided for. I question may be met at once, and that we may do not think the Comptroller of the Treasury define our powers, and act intelligently when nor the Treasurer himself would be author- questions for the appropriation of money or ized under the law to pay such expenses as similar questions arise. I perfectly agree this order contemplates. I should like very with the gentleman from Baltimore city, -much to have the information these papers ( Mr. Dl)aniel) that so ftr as the action of the would communicate to us; but I do not see Legislature calling this Convention into being how we can get it. prescribes a limitation, that action having Mr. HEBB. I am astonished to hear the been sanctioned by tile people, the limitation opposition to this order, inasmuch as it was may control this power of the Convention. almost unanimously decided, myself in the Thus the oath prescribed, and the place of minority, to pass an order requiring the the assemblage of the Convention, and the Librarian to purchase a certain nurmber of' question of submitting the Constitution to copies of the "American Constitutions." I the people, may all be considered binding cannot see the necessity of having a paper. limitations, because they are limitations imfrom each county to pile in the Library. The posed by the sovereignty when they voted members of my county want information of under the act to call this Convention into the wishes of the people there, and not the being. But even these propositions I submit informasion sought by members from other as queries. Beyond that, I regard this body, counties. We should not read their papers, in its action, as having lull I)ower to pass neither would they read ours. We all wish upon all matters which may come before it to obtain theinformation fiom our own people. subject of course to the provisions ot the ConThe PReSIDENT. The payment would comn I stitution of the United States. out of the contingent fund specially appropri- On nmotion of Alr. IEB,, ated to the increase of the Library. The Convention adjourned. Mr. HIIEs. That did not augment the Library, inasmuch as the order was that we TENTI DAY. were to take the books home. The PRESIDENT. Only temporarily; but WEDNESDAY, MIy 11th, 1864. certainly the boolks must go into the Library The Convention met. before they can be taken out. Prayer by the Rev. Mr. Owen. Mr. IBELT. I would merely suggest that we The proceedings of yesterdty were read. have no right to take legislative action for the The PItEStIDEN laid before the Convention augmentation of the Library. a comllunication fioll the Executive, enOn motion of Mr. HBea, closing the returns of' a special election held The order and amendment Were laid on the in Charles county, for a delegate to the Contable. ven tion; MlscrELANEOUS. Which was read and referred to the CornOn motion of Mr. DELLINeER., mittee on Elections. Ordered, That the Committee on the Exec- The quallticiation of E. P. Duvall, member utive Delartment be instructed to inquire into elect fromn Montgomery county, was prethe expediency of creating the office of Lieu- sented, and the gentleman named appeared tenaut-Governor, and to provide for his elec- and took his seat. tion. On motion of Mr. DANIEL, 70 Ordered, That the Reverend Messrs. Daven- On motion of Mr. rIDGELY, port, Patterson, McNanmar and Owens, be re- Ordered, That the Committee on the Judiquested to be present alternatively, at each ciary, consider whether by abolishing the of the sessions of this Convention,'and open |fees of office, and the substitution of some the same with prayer. other mode of compensation, or otherwise, Air. STocaBRIDGE submitted the following the character of the office of Justice of the order: Peace, may not be elevated and the adminisOrdered, That the President of this Con- tration of the office to be made more efficient vention be requested to increase the Commit- I and faithful. tee on the Judiciary Department, by addingI BASIS OF REPRESENTATION. thereto two imem bhers; The Convention proceeded to the considerMr. STOCKBRIDGE states he inad offered this ation of the following resolution submitted by order under the direction of the committee. Mr. BELT on Monday last: The order was agreed to. I Resolved, That it' the principle contained The PRESIDENT appointed Alessrs. Thruston in the resolution of the Pentleman from Washand Daniel, in accordance with the above ington county be correct, in asserting that, order. under a republican system, populationi.is the Mlr. SNEARY submitted the following order: true basis of' representation, excluding all Oroered, that the Treasurer of' the State of classes not endowed with the right of sufMaryland, upon the order of the President of firage, then the authors of the Constitution of this Convention, pay to Alfred Miller, who the United States, were uninformed of the has been temporari y discharging the duties principles of' republicanism, in that'they adof' Page, the per diem and mileage allowed mitted all free persons, and even a large proto the permanent Pages, for the number of portion of slaves as within the basis upon days of service which he may have rendered; which the States are represented in the FedWhich was adopted. eral Congress. Mr. PURNEILL submitted the following order: Air. BELT moved that this resolution be reOrdered, T'l'at the Committee to consider ferred to the Comimittees on the Basis of Repand report respecting the Elective Franchise, resentation. be instructed to inquire into the expediency Mr. RIDGELY. It strikes me, sir, that that of incorporating into the Constitution an proposition is not strictly in order. It does article extending the right of suffrage to sol- not present any subject for the consideration diets, drafted or enlisted from this State into of this body, for inquiry or for legislation. the service of' the United States, and who It is the mere argumenLt of thegentleman who may be out of' this State, and in the service proposed it; and it is submitted to the bod.y of the United States at the time of any elec- as an argument, in its form, and not as a tion in this State, and that the Legislature at. question to be considered by the committeeits next session provided by law for the not as a matter for the substantive legislative holding of an election in the regiments to action of the Convention. It is a mere isolawhich such soldiers mnay belong, under such ted independent abstract inquiry, in no way restrictions and regulations as may be deem- connected with the deliberatio ns of this body ed necessary to guard the purity of the ballot- on any subject before it. I respectfully sugbox. - gest therefore that it is not strictly in order. Mr. SANDS stated that the Committee Mr. CAaiBERas. I hope my friend from already had that subject under consideration. Prince George's will withdraw his resolution. The order was adopted. Mr. BELT. I had supposed that any propMlr. MARKEvY submitted the following order: osition made here in good faith would at least Ordered, That the Committee on the Judi- receive the courtesy of a nominal reference to ciary inquire into the expediency of giving to a committee. Whether it is a substantive the Orpuans' Courts of' the several counties principle or not, it carries with it something and the city of Baltimore, jurisdiction over uy way of principle, and is a proposition for the real estate of persons dying intestate the consideration of the committee. If there where the valuation thereof does not exceed is the least objection to it, of course I will not the sum of three t'housand dollars. press it. Mr. STOCKBRIDGE. I have no objection Mir. RIDGELY. Before it is withdrawn allow whatever to the order -which is proposed if it me to say, at once and in advance, that I trust be understood that they shall not be pre- I shall ever be controlled by the nicest sense eluded from giving the Orphans' Courts of courtesy and delicacy towards ily brethren jurisdiction when the amount is larger than! here in the whole course of my actionin this $3,000, if they see fit.' body. I have not been influenced in the most The order was agreed to. Iremote degree, by any feeling inconsistent OnC motion of Mlr. MAYHUOHGGH with this, but made the suggestion simply to Ordered, That the Committee on the Leg- relieve this body, in the press of its business, islative Department be directed to inquire fiom a subject not legitimately for its considinto the Expediency of providing for the dis- eration. posal of the incorporate stocks of the State. i Mr. BELT withdrew the resolution. 71 COMPENSATION OF OFFICERS. the Legislative Department which will do Mr. GALLOWAY, from the Committee on away with our present system of School Accounts, submitted the following report: Commissioners altogether. I do not know In compliance with the order of the Con- that that will be done, but in order to avoid vention, the Committee on Accounts respect- that difficulty in case it should arise, I move fully report, that after canvassing the various to strike out the words "School Comrmisduties assigned to each, they have allowed to sioners." each officer the following sums, to wit Mr. SCOTT accepted this amendment also. To William R. Cole, Secretary, five dollars The order as amended was adopted. per diem and mileage. On motion of Mr. STIrLING, To John H. Shaw, Assistant Secretary, The Convention adjourned. five dollars per diem and mileage. To A. D. Evans, Sergeant-at-Arms, five ELEVENTH DAY. dollars per diem and mileage. To each of the Committee Clerks, five dol- TH1lDAY, MaY 12th, 1864. ]ars per diem and mileage. The Convention met. To each of the Post-Masters, five dollars Prayer by the Rev. Mr. MeNamar. per diem and mileage. Present at the call of the r oll, the following To each of the'Doorkeepers, five dollars members: per diem and mileage. I Messrs. Goldsborough, (President,) Hebb, To each of the Folders, five dollars per Thruston, Wickard, Robinette, Miller, liardiem and mileage. wood, Bond, lienkle, KIennard, Brooks, To the Chief Page, five dollars per diem Stockbridge, Stirlirg, Barron, Daniel, Aband mileage. bott, Cushing, Thomas, Berry of Baltimore To the Assistant Pat es, four dollars per county,! Ridgely, Hoffmian, Parker, King, diem and mileage. Larsh, Ecker, Swope, Wooden, Jones of To the Lamp-Lighter, four dollars per Cecil, Earle, Scott, Pugh, Turner, Edelen, diem.. Davis of Charles, Mitchell, Todd, Carter, To each of the Keepers of Committee Dail, Johnson, Smith of Dorchester, Hodson, Rooms, four dollars per diem. Keefer, Schley, Markey, Annan, Baker, Cun-'To Keeper of Water Closets, four dollars ningham, Schlosser, Galloway, t!cConas, per diem. Hopper, Russell, Hopkins, Sands, Sykes, The report was read and concurred in. Chambers, Blackiston, Bollyday, Lansdale, Mr. IATCH. moved that the Convention Peter, Duvall, Clarke, Marbury, Lee, Brown, adjourn. Wilmer, Morgan, Jones of Somerset, CrawThe motion was not agreed to. ford, Gale, Horsey,Valliant, Mullikin, Nyman, SPECIAL ELECTIONS. Negley, Mayhugh, Davis of Washington, Mr. SCOTT submitted the following order: Sneary, Smith of Worcester, Purnell, Murray. Ordered, That the Committee on Elections The proceedings of yesterday were read. be instructed to consider and report on the REVISINGC CLERK. propriety of electing the following officers at Mir. PUGIt submitted the following order: an election specially for that purpose, viz.: Ordered, That there. be appointed by the School Commissioners, Justices of the Peace, President a Revising.lerk, whose duty it Constables and Road Supervisors: shall be to correct the debates, as directed by Mr. BARRoN. I would prefer that that the Speaker, superintend the printing thereof, subject should be referred to the Judiciary index the Journal of Proceedings, the DeCommittee. bates and the Constitution, and to perform Mr. SCOTT. I have no objection to the such other duties as may be suggested by the amendment. Committee on Reporting and Printing. AMr. STOCKBRIDGE. It seems to me that that The order was referred to the Committee order as it now stands is somewhat mixed. on Reporting and Printing. Justices of the Peace and Constables are a THE JUDICIARY. part of the judicial system, and School Com- On motion of Mr. BOND, missioners and Road Supervisors ar a very Ordered, Ihat the Committee on the Judidifferent thing. While I do not conceive that ciary be instructed to inquire into the expeCommittee on Elections is the proper one, dlency of providing as follows: it occurs to me that the matters belong to two 1st. That there shall be five Judges of the different committees. Court of Appeals who shall hold office during Mr. STIRLING. I do not suppose that the life, unless removed for cause, with a salary of Committee on Elections has anything to do three thousand five hundred dollars per anwith it, and the Committee on the Judiciary num each. is obnoxious to the objection my colleague 2d. That there shall be one Judge for raises, that a portion of the offices do not be- each county, who shall reside at or near the long to the judicial system. -capital, or county town of his county, who Mr. PUGH. I have an idea that there may shall have and exercise all the powers and be some mode adopted by the Committee on jurisdiction in said county of the Circuit Courts of the respective counties. including 1 Mr. DANIEL. I hope neither branch of this the jurisdiction in chancery, and also in all amendment will be adopted; for I think that matters relating to testamentarry affairs, with both are wholly unnecessary. I agree with all the powers and jurisdiction of the Orphans' my colleague, that though there may not be Courts, who shall hold their offices during seemingly important business before the House life, unless removed for cause, with a salary to be transacted at this time, yet in order to of three thousand dollars per annum each. keep the committees at work it is necessary to 3d. That the State shall be divided into keep up our meetings; for as soon as we adfive districts, and one Judge of the Court of journ over, the committees all scatter, and we Appeals, shall be elected by the qualified lose the work which might be done in comvoters in eatch of said districts. mnittee even were the House not sitting. I 4th That the State shall be also divided into think that whether the committees report or ten Judicial )istricts, of two counties each, and not we ought to sit to-morrow, for some of two Judges shall be in like manner elected for the committees meet to-morrowv morning, and each of said districts, one of whom shall reside then I s: all have no objection to adjourning in each of the counties composing the district. until.1onday or Tuesday. 5th. That there shall be two terms yearly As to the other branch of the order I think in each of said counties for the dispatch of it is a small business cutting members pay judical business, in which the judge of the off. They get little enough now. When there Court of Appeals for the district in which the is a necessity for adjourning over a day or Court shall sit, shall preside so that each two, it is proper to adjourn. If there is no Court shall be held by three Judges except in necessity for adjourning we ought not to adcases of illness or other necessary absence. journ. But members get hut $5 per day, and 6th. That the Orphans' Court shall be they have to pay half that for board, and if abolished. there is a necessity for adjourning I think the Ith. That a separate judicial systemn for the pay should not be cut otf. It is not done city of Baltimore, shall be established. elsewhere, even where much larger sums are ADJOUIRNMENT OVIER. paid for attendance, and where 1 do not beMr. VALLIANT submitted the following or- lieve they work any harder thaln some of us exder pect to do by and by, if we have not already. Ordered, That when this Convention ad- I think it is proper to continue until to-morjourn to-day, it adjourn to meet on Wednesday row, and then the question may properly next, at 12 o'clock, and that the members be arise whether we shall adjourn over until allowed pay for only three of the days inter- Monday or Tuesday. veninc between to-day and the day herein indi-. Mr. VALLIANT. The arguments offered by cated for the re-assembling of the Convention. the gentleman from Baltimore would certainly Mr. BOND asked for a division on the ques- induce me to vote against the order which tion. I have myself presented, if I had not every The question was stated upon the second assurance that this Convention would, notpart of the order. withstanding the force of those arguments, Mr. JONES of Cecil demanded the yeas and adjourn to-morrow; and if the Convention is nays, and they were ordered. to adjourn, I apprehend it will be better to Air. STOcKBIuIDG. [I had understood that adjourn to-day for the convenience of memit was very prob)able that either to-day or to- bers of the Convention. If we adjourn tomorrow reports from some committees would morrow, fiom 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 Convention will be accommodated by the the printer's hands to be ready for us upon adjournment, whereas if we adjourn to-day our re-assembling, I should not strenuously all the members of the Convention will be acobject to the adoption of this order: but if commodated. 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 contess that in senting them to-morrow. If we pdjourn 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 bers of that body received in the neighborintervening time. I hope therefore, unless hood of $20,00 from the State Treasury for some person speaking on behalf of some com- time which they occupied in attending to nmiltee shall be able to say that their report their own matters. The gentleman who last will be made before our adjournment, that addressed the Convention pronounced this the order will not be adopted; and I would curtailment of the pay of the menbers a small oppose adjourning to-morrow until some re- business. It may be a small business, but it port has been made. is a small business which the moral law will 73 justify. The reception of $20,000 from the concerned I shall not oppose it, whether there Treasury of the State for time which has not is a restriction or not with regard to the per been given to the State is something which diem. Lmoral science will not justify. We have pre- Mr. NEGLEY. I move to add the following: cedent as well as the moral law to justify Provided, The hotel keepers and boardingus in docking members for their absence house keepers of this ancient city of Annapofrom this Convention. Such was the cus- lis will remit their charges for board of memtom, if my information is correct, in the bers during said recess. old colonial Legislature, and I apprehend The PRESIDENT ruled the amendment out of they understood what is right as well as order. we do. I do not think that Sunday ought to Mr. BARRoN. I think the latter branch of be deducted, for reasons which I consider it the order is out of order. The Convention unnecessary to assign. I would remark that bill says: the $15 for the three days allowed, will pay "The compensation of the delegates to said members the amount of money they pay for Convention shall be $5 per day, and the' their board during the five days the Conven- mileage allowed to members of the General tion is not sitting,. and also the amount they Assembly of this State." expend in traveling from Annapolis to their What is the use of our arguing here'all day homes and from their homes back again, with what our compensation shall be? I venture perhaps a few exceptions. I had inserted in to say that when these debates go out before the order': two days," but at the suggestion the people, and go to the different States of some gentlemen around me I made it of the Union, they will think that $5 a day "three days." is an emolument as large as a four horse Mir. PUnNELL. I do not desire to oppose an government team. I have never heard in all adjournment of this body, if it be the sense of my life so much talk as I have heard here the Convention to adjourn; but I wish to say about $5 per day; and I suppose there are not in reference to the suggestion of the gentle- ten members of the body that cannot do betman from Talbot (Mr. Valliant) that while I ter at home. concur with him fully in the necessity of Mr. SANDS. I do not suppose it is of any economy and in not allowing compensation use talking about $5 a day or anything of for services which are not actually rendered, the sort. If there are no reports made by yet he does not seeem to me to take so com- Committees, it is of no use to remain here. prehensive a view of this subject as the facts, If gentlemen have reports to make, let them justify. So far as I am concerned, I am com- say so and I am willing to remain. We are pelled from necessity to remain here, and I all here this morning-the House seems very suppose other gentlemen are similarly situated. full, and if any gentleman is ready to'submit It seems to me the very refinement of cruelty a report I would suggest that he say so, and to require us to remailn here at our own ex- that we stay here or go home accordingly. I pense when other gentleman in proximity to do not think we ought to waste our time, and the capital can go home and remain with if no gentleman is ready to report I see no their families. This is a small matter, it is use in staying. true; and I am willing to make personal or On motion of Mr. HEBB, pecuniary sacrifice if it is right; but it seems The order was laid on the table. to me unjust to deduct from me my per diem OaRDES, &C. in consequence of the adjournment of the On motion of Mr. HEBB, body, although I shall be here from.day to It was ordered to be entered on the Jourday, every day during the deliberations of the nal that Albert C. Greene is absent from his Convention. seat to-day in consequence of attendance upon I think that much can be gained by keeping his official duties as Director of the Chesathe Convention together, fbr the reason that peake and Ohio Canal Company. if an adjournment occurs tliose members who Mir. THRUSTON asked to be excused from wish to visit their homes will of course go, serving as a member of the Committee on Mifor that I suppose is the object of the adjourn- litia, being a member of three other commitment, and consequently there can be no meet- tees; and was accordingly excused. ing of the committees, and no business can Mr. ABBOTT submitted the following order: be matured, considered or deliberated upon Ordered, That the President of this Conpreparatory to reports. Those members re- vention be requested to use all the power that maining here will have to spend their time in is or may be vested in him to secure the at-.the Library, or in their rooms, or in other tendance of members both to the sittings of places, wherever they can best while away the the Convention and meetings of the respectime. I am not disposed to object to adjourn-, tive committees. ment if it is the sense of the Convention; but On motion of Mr. JONES, of Somerset, I think it would be exceedingly impolitic to The order was laid on the table. adjourn before to-morrow. If it meets the On motion of Mr. HEBBn, views of the body to adjourn to-morrow over Ordered, That the President of the Convento Tuesday or to Wednesday, so far as I am tion be requested to appoint two additional 6 74 members on the Committee on Basis of Rep- appeal no member shall speak more than resentation, the Committee on the Legislative once, unless by leave of the Convention,) Department, and the Committee' on Elective and he may vote on every question, except Franchise and Qualification of Voters. on an appeal from the decision of the chair On motion of Mr. NYMAN, on a question of order. It was ordered to be entered on the Jour- Rule 4. The President shall examine and nal that Mr. Dellinger, of Washington county, correct the Journal before it is read; he shall is absent fron his seat to-day in attendance, at have a general direction of the Hall; he shall Washington city, on official business have a right to name, from time to time, any Mr. SNEARY submitted the following order: member to perform the duties of the Chair, Ordered, That the Committee on the Tenure, but such substitution shall not extend beyond Duties and Compensation of all civil officers a term of days; he shall appoint not embraced in the duties of the' standing all committees, unless otherwise directed by committees, inquire into the expediency of the Convention, abolishing the office of Commissioners of Pub- Rule 5. No person shall be admitted within lic Works. the bar of the Convention but members of Mr. CLARKE. That subject isalready before the Executive and Judiciary Departments, the committee and it is under consideration members of the tieneral Assembly, and such whether the office should be abolished or other persons as may be invited by the Presishould be modified in any way. I have no dent. objection to the passage of the order. Rule 6. The President (or Chairman of the The order was agreed to. Committee of the Whole) may order the Mr. BEIRY, of Baltimore county, read the Lobby to be cleared in case of disorder. following telegram: ORDER OF BUSINESS. "BALTIMORE, MIay 12, 1864. Rule 7. Section 1. The Secretary shall read To John l3c Gariglp, Annapolis: the Journal of the preceding day; after the Good news from Grant, dated yesterday. reading thereof, the Journal may be corrected, After six days' fighting says result is much in unless one member objects In case of such our favor. Loss is heavy but thinks losses of objection, a mjority of the members present enemy mlust be greater. We llave captured 1 shall be required to make the desired correcover 5,000 prisoners in battle, and have lost tion. but few. He says I propose to fight it out on Sec. 2. The presentation and disposition of this line if it takes all summer, and adds that petitions, memorials or others papers. the Government is sparing no pains to sup- Sec. 3. Orders and resolutions. port him. Does not believe that Warren has Sec. 4. Reports of Standing Committees. been' killed. Sec. 5. Reports of Select Committes. [Signed] ALEXANDER FULTON." Sec. 6. Reports of Committees on their ~-,~~ ~ second reading. RULES OF ORDER. Sec. 7. Reports of Committees on their Mr. KENNARD, from the Committee on third reading. Rules, submitted the following report, which Sec. S. Deferred or unfinished business. was read. Sec. 9. The order of the day. The Committee appointed to prepare Rules PETITIONS, MEMORIALS, ORDERS AND RESOLUTIONS. for the Convention beg leave respectfully to Rule 8. Petitions, memorials, orders, resomake the following report: lutions and other papers, when presented, CONVENTION. must be endorsed awith the namne of the memRule 1. The Convention shall not sit with ber by whom they are presented. closed doors, and in no case shall the Hall, Rule 9. All orders submitted to the Conwhere it may be holding its sittings, be vention (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 TIE DUTIES OF TIIE PRESIDENT. direct. Rule 2. The President shall take the chair Rule ]0. 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 provisions of these Rules.,,of, the preceding day to be read Rule 1. All orders, resolutions and reports, Rule 3. The President shall preserve de- or other matter, after:being submitted to the,corum and order; may speak to points of Convention, (when not fixed for a day cer-,order in preference to other members; shall tain,) shall be rated under the head of "dedecide questions of order, (unless the yeas ferred or unfinished business," and shall come and nays be required,.) subject to an appeal up for consideration in the order of time in to the House by any two members, (in which which they were presented. 75 ORDER OF THE DAY. dent's desk, taken up by him in due order, Rule 12. The Order of the Day shall not the date of their last reading announced, and beso fixed in point of time as to exclude the read a second or third time, although no business of the Convention in the order and motion for a second or third reading may divisions prescribed under these Rules, but have been made. shall be fixed so that one hour, at least, from Rule 19, All reports from Committees conthe time of the meeting of the Convention shall tamiinng clauses proposed to be made part of precede it for the transaction of other busi- the Constitution shall be entered on the Journess.. When the time arrives for the Order nal, and also printed in form similar to bills. of the Day to be taken up, it shall have pre- CO0MMITTEE OF THE WHOLE. ference over all other business except the un- Rule 20. The Convention shall be resolved finished business in which the Convention was into a Standing Committee of the Whole, if engaged at the preceding adjournment, under required by nine members, which Committee a previous assignment as the order of the day. may originate articles or clauses to be emRule 13. Every subject matter proposed bodied in the Constitution. Reports of Comto be considered in the Con-vention shall be mittees containing clauses proposed to be introduced by motion for leave, by au order embodied in the Constitution on their third of the Convention, or on the report of a Com- reading, and resolutions on their second mittee, and in either of the two cases first reading shall, if required by seven members, mentioned, a Committee to prepare the same be comnnmitted to a Committee of the Whole. shall be appointed, unless the same subject Rule 21. In forming a Committee of the matter is embraced in the duties assigned to Whole, the President of the Convention shall one or mnore of the Standing Committees. leave his chair, and a Chairman to preside Rule 14. Every Committee reporting any in Committee shall be appointed by the PresConventional business for the consideration ident. of the Convention embracing provisions for Rule 22. Upon reports of committees, resothe Constitution, shall submit its reports lutions or other matters committed to a Com(whether u.n the form of a majority or minor- mitee of the Whole, the same shall be first ity retort) in articles, and without being read throughout by the Secretary, and then accomlianied by a written report, assigning again read and considered by clauses. reasons and arguments sustaining the samne. The body of the report, resolution, or other Rfule 15. Every report fiom a Committee matter, shall not be detaced or interlined, but containing articles or sections proposed to be all atnendments noting the page and line shall made a part of the Constitution, shall receive be duly entered by the Secretary on separate three readings in the Convention, on three paper, as the same shall be agreed to by the different days of the session previous to its committee, and so reported to Convention. adoption, ounless a majority of the members After report, the report, resolution, or other elected to the Convention otherwise deter- matter shall again be subject to be debated mine; the first of which reading shall be by and amended by clauses. the title only, unless a majority of the Con- Rule 23. The Secretary shall keep a Journal vention shall otherwise order. of the proceedings which take place in ComRule 16. Every resolution shall be read on mrittee of the Whole, and the same shall be two several datys, with an intermission of one printed separately and appended after the day at least, during which time it shall be on Journal of the proceedings of the day's sesthe table for the perusal of members, unless sion. on very urgent occasions, the Convention by oF DECORUI, DEBATE, &C. special order, two-thirds of the members pre- Rule 24. Every member shall take his seat sent agreeing, dispense with the Rule, which when the President takes the chair. order shall be entered on the Journal. Rule 25. No member shall absent himself Rule 17. No resolution shall have a second from the service of the Convention unless he reading, or a report a third reading, until have leave, or be sick, or unable to attend. every member in the city who has not been Rule 26. When a member is about to speak excused by the Convention for indisposition, in debate, or deliver any imatter to the Conor a necessary attendance on public business, vention, lie shal. rise from his seat, uncovered, shall be called upon to attend, if required, by and respectfully address himself to I" Mr. three members. But calls of the Convention President." Hle shall confine himself to the shall be made if required by seven members, question under debate; shall avoid personality, at any time, when a subject is under consid- and shall use some other distinction than eration. the proper name of any other member to whom Rule 18. All resolutions which have been he may refer in debate. once read, and are entitled to. a second reading, Rule 27. If two or more members shall rise and all reports which have been once or twice to speak at the same time, the President shall read, and are entitled to. a second or third determine which shall speak first, and no reading by the Rules of the Convention, shall nlember shall speak more than twice on the be arranged every morning agreeably to. se- same question; nor more than once, until eveniority by the Secretary, placed on the Presi- ry member choosing to speak shall have spoken. Rule 28. If any member shall, in any man- the question; or it may be postponed by ner, transgress the Rules of the Convention, motion to adjourn, to lie on the table, for the the President shall, or any member may call previous question, to postpone to a day cerhim to order; in which case the member so tain, to commit or amend, to postpone indeficalled to order shall immediately sit down, nitely; which several motions shall have preceunless permitted to explain; and the Conven- dence in the order in which they are arranged. tion shall, if appealed to, decide on the case, Rule 38. On a motion for the previous but without debate. If there be no appeal, question, on a motion for the main question, the decision of the Chair shall be submitted to. on a motion to lie on the table, on a motion If the decision be in fatvor of the member to adjourn, there shall be no debate. called to order, he shall be at liberty to pro- Rule 39. Every question shall be entered ceed; if otherwvise, he shall not be permitted on the Journal, and the yeas and nays shall to proceed without leave of the Convention; be taken when required by five members; and and, if the case require it, he shall be liable to whenever the yeas and nays are ordered to be the censure of the Convention. taken, no question of adjournment shall be Rule 29. No member shall vote on any received or propounded by the President until question in any case when he was not present the yeas and nays are called) counted and rewhen the vote was taken, without leave of ported. the Convention; and upon a division and Rule 40. Any member may call for the count of the Convention on any question, no division of a question, which shall be divided, member without the bar shall be coanted. if it comprehend propositions in substance so Rule 30. Every member who shall bein the distinct that, one being taken away, a subConvention when the question is put shall stantive proposition shall remain for the degive his vote, unless the Convention, for spe- cision of the Convention. cial reasons, shall excuse him. And the re- Rule 4l. A motion to strike out and insert fusal of any member present to vote, on call- shall be deemed indivisible; but the matter ing the yeas and nays, shall be noted on the proposed to be inserted may be divided, if reJournal at the request of any member. quired, according to the 40th Rule. A moRule 31. No member without the permission tion to strike out being lost, shall preclude of the Convention shall answer on the yeas neither amendment nor a motion to strike out and nays who did not divide on the question; and insert. No motion or proposition on a and if any member divide on one side and an- subject different from that under consideration swer on the other on calling the yeas and nays, shall be admitted under color of amendment. the same shall be noted on the Journal at the.Rule 42. All questions except on the final request of any member. passage of a report, or a motion to suspend Rule 32. No member shall take out of the the Rules, or those otherwise he ein provided Convention any paper belonging to the Con- for, shall be determined by a marjority of the vention, without leave of the President. members present; those dividing in the affirmRole 33. Any meumber, on motion, or in ative rising in their places, those in the negadebate, may call for the reading of any Law, tive continuing in their seats, and so vice Journal, Record, or other Public Proceedings, versa, until a decision by the President which may relate to the subject matter. Rule 43. The question on the final passage Rule 34. The name of every member mak. of any subject matter shall always be detering a motion presenting any petition, memo- mined by yeas and nays, which shall be rerial or other paper, proposing any resolution, corded on the Journal; and unless it shall order, or other matter, shall be inserted on thus appear that amajority of the whole numthe Journal; but if any motion or proposition ber of' members elected to the Convention be withdrawn, all proceedings relating imme- have voted in the affirmative, the subject matdiately thereto shall be expunged from the ter voted on shall be declared rejected. Journal. Rule 44. When a question has once been Rule 35. Whilst the President is putting decided in the affirmative or negative, a tooany question, or addressing the Convention, tion of reconsideration shall be in order, if none shall walk out or across the hall; nor in made by one member and seconded by two such case, or while a member is speaking, others who voted in the majority at any time shall hold private discourse, so as to interrupt thereafter; but should a report, on its final debate. passage, be declared rejected for the want of Rule 36. When a motion is made and sec- a majority of the members elected, the motion onded, it shall be stated by the President; or for reconsideration may be made by one membeing in writing, it shall be handed to the ber and seconded by two others who voted in chair and read aloud by the Secretary before either the affirmative or negative; and no debate; and every motion shall be reduced to motion for reconsideration shall be postponed writing if the President or any member re- or laid on the table. quire it. Rule 45. Petitions, memorials and other Rule 37.'When a motion is made and sec- papers addressed to the Convention shall be onded, or when a question is under debate, presented by the President, or by a member the matter shall receive a determination by in his place; and the object of all petitions and memorials shall be endorsed on the back, Sec. 3. The Rules of Parliamentary Prac-.and entered on the Journal. tice on the call of the previous question on all Rule 46. The unfinished business in which other subjects shall govern the Convention. the Convention was engaged at the preceding Rule 55. No Standing Rule or Order shall adjournment, shall have the preference in the be rescinded or changed without one day's orders of the day; and no motion for any notice being given of the motion therefor. other business shall be received without the special leave of the Convention, until the for- GENERAL RULES. Rmer is disposed of. Rules defining the several diuties of the SecretaRule 47. The Rules of Parliamentary Prac- ries, Clers, Officers nd Empoyees o the tice shall govern the Convention in all cases res vention. to which they are applicable, and in which they are not inconsistent with the Standing Rules GENERAL RULES. and Orders of the Convention. 1st. All Clerks, Officers and Employees Rule 48. Upon calls of the Convention, or shall be prompt in their attendance at each in taking the yTeas and nays on any q1es- opening of the Convention, and shall remain tion, the names of the members shall be called at their several posts during the entire sitting alphabetically, of the Convention, ready to render any service Rule 49. The rules may be suspended when in accordance with their several duties. demanded by a majority of the members pre- 2d. No Clerk, Officer or Employee shall be sent. absent at any time during the sittings of the Rule 50 Any fifteen members, (including Convention, unless by permission of the the President, ) shall he authorized t~o conell President, nor absent himself from the service the attendance of members. of the Convention unless by permission asked Rule 51. No Committee shall sit during the (in writing) and obtained from the Convensitting of the Convention without special tion during its sitting. leave. 3d. Upon proper information and just comRule 52. When a blank is not filled up, and plaint, the President is authorized to suspend different sums, numbers or times shall be pro- any Clerk, Officer or Em;loyee, and shall posed, the question shall be taken on the report the fact to the Convention at its then largest sum or number, and on the longest or next sitting. time. THE SECRETARY Rule 53. After a report of any Committee Shall keep a correct record of the proceed(embodying proposed provisions for the Con- ings and the business of Convention, and stitution) has passed through its second read- shall have the same printed in Journal form. ing, the question shall then be put by the Shall (under Rule 4th) submit a proof copy President of the Convention, " Shall this re- of the same to the President for examination port be engrossed for a third reading?" and correction. After any report of a Committee has passed Shall (under Rule 2d) read to the Convento a third reading, it shall not be in order to tion the Journal of Proceedings. amend the same, except by the consent of the Shall (under Rule 18th) arrange every majority of the members elected to the Con- morning all Resolutions which have been read vention. once are entitled to a second reading, all RePREVIOUS QUESTION. ports and other matter which have been read Rule 54. There shall be a " main question " once or twice, and are entitled to a second or and a "' previous question " in the considera- third reading, and place the same agreeably tion of reports of committees. to seniority, on the President's table. Sec. 1. The main question on the report of Shall certify and endorse the date of all any Committee shall only be called after the Orders, Resolutions, Reports, or matter which said report has passed to its third reading, has passed the Convention. and shall be in this form: " Shall the main THE ASSISTANr SECRETARY question be now put? " and when demanded Shall call the roll each day at the opening by a majority of the members present, it shall, of the Convention, read all Orders, Resoluuntil it is decided, preclude all further amend- tions, Reports, and other matter when handed ment, and debate on the main question. him by the President. Sec. 2. The previous question shall be in THE SERGEANT-AT-ARATS this form: "Shall the previous.question be Shall attend the Convention during its qitnow put?" It may be called on any amend- tings, to aid in the enforcement of order, ment offeied to the report of any Committee, under the direction of the President, to exewhen the same is on its second reading; and cute the comnremards of the Convention from when demanded by a majority of the mem- time to time, together with all such process, bers present, it shall, until it is decided, pre- issued by authority thereof as shall be diclude all further amendment and debate on rected by the President. the question before the Convention; but shall The symbol of his office (the Mace) shall be not preclude further amendments while the borne by him when in the execution of his aid report is on its second reading. office. THE COMMITTEE CLERKS tion may vote upon those amendments and Shall copy for the members all manuscripts then place it in the hands of the printer. If handed them, in proper form; writing the it is desired that it be printed before any same in a plain round hand; each line of each action, I do not object to it. section to be numbered, and each line to con- Mr. STIRLING. I think it would be better tain. say thirteen woids. that we should see what the rules are, and THE PAGES whether they require amendment, before havyShall each morning lay upon the desk of the ing them printed for permanent use. several members, a copy of the printed Jour- Mr. JoNEs of Somerset. I wish some memenal and all other printed matter ordered by bers would state what the rules are. If they the Convention. are the rules of the House of Delegates with Shall wait upon the members in any matter some slight amendments, it would seem to be directly connected with the Convention. an unnecessary expense to print them now, TIIHE DOORKIEEPERS and then after the adoption of an amendment Shall close the doors leading into the hall so or two to print them again. I make this sugsoon as the Chaplain commences prayer, and gestion as economy seems to be the order of shall prevent conversation, walking, or any the day. interruption whatever outside the bar of the Mr. CUSHING. How are the committee to Convention during religious services. know what amendments will be proposed? Shall close and keep closed both doors of There may be any number proposed by mernthe bar of the Convention, and take and keep bers besides those suggested by the member position directly thereat, allowing no person from Prince George's. We cannot print the to pass unless in strict conformity to the fifth rules as the rules of the Convention until we Rule, viz: know what they are, and make up our minds No person shall be admitted within the bar whether we want any other alterations or not. of the Convention but members of the Execu- The PRESIDENT. The rules will be printed tive and Judiciary departmentss, members of in the Journal. the General Assembly, and such other persons Mr. KENNARD. At the last Convention the as may be invited by the President. rules were not printed in the Journal at the Shall prevent any abuse of property in the time they were reported; but I would suggest Lobbies. that they go upon the Journal, and after they Shall keep the aisles outside the bar of the have been acted upon they can be printed in Convention clear, so that the ingress and form for the use of members. The amendegress of members shall not be interrupted. ments referred to by the member fiomr Prince Shall give full attention to the comfort and George's are the amendments suggested by seating in the Lobbies of all visitors. him. He concurs in the report with two exTHE POSTMASTER ceptions which are appended to the report. Shall, on the arrival of the mails, promptly If those were the only alterations to be made deliver to the members all mail matter ad- we could act upon them at once; but the rules dressed to them, and shall collect from their may undergo considerable amendment by the desks all matter prepared for mailing. House. It has been necessary to make conTHE HALL KEEPER siderable alterations from the rules of the Shall enforce proper decorum and order in House of Delegates in consequence of the the Rotunda, and shall exercise such super- character of the business being altogether vision over the Hall as to render it comforta- different from that of ordinary legislative ble and cleanly. bodies. Respectfnlly submitted, Mr. STIRLING. If it is to be entered upon BALTIS HI. KENNARD, the Journal, it is unnecessasy to order it to be JAMES VALLIANT, printed. FREDERICIK SCHLEY. Mr. HEBB. With that understanding I I concur in the above report, with the fol- withdraw the motion to print. lowing amr endments: The report was read and ordered to be Amend Rule 15th by striking out the printed on the Journal. words "majority of the memnbers elected," 1Mr. KENNARD) moved that the report of the and inserting "' three-fourths of the members Committee on Rules be made the order of the elected." day for one o'clock to-morrow. Amend by adopting in lieu of Rule forty- The motion was agree-d to —yeas 35; nine the following Rule, to be inserted as nays 32. Rule forty-nine: "The Standing Rules of Mr. STIRLING stated that tile Committee on the Convention shall not be suspended except the Declaration of Rights would be ready to by a vote of at least two-thirds of the merm- report in a few moments. bers present." DANIEL CLARKE. ADJOURNMENT OVER. Mr. HEBB moved that the report be printed. Mr. KING submitted the following order: Mr. CLARKe. I would suggest that there Ordered, That when the Convention adjourn are only two amendments proposed to be sub. to-morrow, it stand adjourned till 12 o'clock mitted in reference to them, and the Conven- Wednesday next. Mr. BAKER moved to amend by substituting So the order was agreed to. Tuesday. DECLARATION OF RIGHTS. Mhr. VALLIANT. I hope that will not be Mr. STIIrLING, from the majority of the adopted, for it will not accommodate more Committee on the Declaration of Rights, subthan half the memlbers of' the Convention. mitted the following report, which was read: If we are to adjourn for the accormmodation THE DECLARATION OF RIGIIIS. of the Convention, I think we ought to We, the people of the State of Maryland, adjourn to-day. A very large number of grateful to Almighty God for our civil and gentlemen composing this Convention are religious liberty, and taking into our serious farmers, and we adjourn now because thle consi -eration the best means of establishing Whitsuntide holidays are so near at hand, a good Constitution in this State for tile sure and it is desirable that those engaged in fouildation and more permanent security agricultural pursuits should be at home at thereof, declare: least one day during those holidays. If we Article 1. That all government of right adjourn until T'uesday gentlenmen must take originates from the people, is founded in uip MIonday, the filst day of the holidays in compact only, and instituted! solely for the coming here, so that they will spend none of good of the whole; and they have at all the holidays athone. 1 hope gentlemen will see times the inalienable right to alter, reform or the propriety of adopting the orderas itstands. abolish their form of governmlent in such IMr. KE(INNARD. I ldo not think we are now manner as they may deem expedient. prepared to act on adjournment, and I suggest Art. 2. That the people of this State ought that the subject of adjournment to aday certain to have the sole and exclusive right of regube postponed until we have finished the busi- lating the internal, government and police ness of the day, and then we shall be better thereof. able to determine to what day wre shall ad- Art. 3. That the inhabitants of MIaryland journ. I move the following amendment' are entitled to the common law of England, Ordered, That the su)bject of adjournment and the trial by jury according to the course to a day certain be postponed until after the of that law, and to the benefit of such of.the regular business of the day shall have passed. English statutes as existed on the fourth day Mlr. BiRRY of Baltimore county. How are of July, seventeen hundred and seventy-six, we to know that the regular business of thlie and which, by experience, have been found day has passed? We cannot know this until we applicable to their local and other circumshall have adjourned, and then of' course it stances, and have been introduced, used and will be too late to act upon this subject. practiced by the courts of' law or equity, and Mr. NlsIaTEY. I shall vote for the proposi- also of Acts of Assenlbly in force on the first tion; but really this is too indefinite, for day of June, eighteen hundred and sixty-four, there does not seem to be any regular business except such as may have since expired or may before the Convention. be inconsistent with thie provisions of this The anendment submitted by Mr KENNXARD Constitution, sulbject, nevertheless, to tile rewas rejected. vision of and amendment or repeal by the The question recurred upon the original Legislature of this State; and the inhabitants order, that containing the longest time. of Maryland are also entitled to all property Mr. HE:B demanded the yeas and nays, and derived to them from or under the charter they were ordered.. granted by his Majesty, Cha.rles the First, to The question being taken, the result was - Cecilius Calvert, Baron of Baltimore. yeas 44; nays 37i —as follows: Art. 4. The Constitution of the United Yeas —sIessrs. Harwood, Bond, Henkle, States and the laws made in pursuance there. Brooks, Barron, Berry of Baltimore county, of being the supreme law of the land, every Ridgely, King, Lalrsh, Swope, Jones of Cecil, citizen of this State owes paramount allegiance Turner, Edelen,'ilitchell, Todd, Dail, John- to the Constitulion and Government of the son, Smith of Dorctlester, llarkey, Cunning- United States, and is not bound by any law harn, Schlosser, Hopkins, Sands, Sykes, or ordinance of this State in contravention or Chambers, Bl1ackiston, Ilollyday, Landsdale, subversion thereof. Peter, Dival, Clarke, Belt ilarlbury, Lee, Art. 5.. That all persons invested with the Birown, Willer1, MorTan, Jones of Solerset, Legislative or Executive powers of governCrawford, Horsey, Valliant, Alayhugh, Davis. mnent arle the trustees of the public, and as Sneary —44., such, accountable for their conduct; whereNa3ys' —Iessrs. Goldsborough, President; fore, whenever the ends of the Government Hebb, Thruston, Wickard, Robinette, Miller, are perverted, and plblic liberty manifestly Kennard, Stockbridge, Stirling, Daniel, Ab- endangered, and all other means of redress bott, Cushing, T'homas, Parker, Smnith of are ineffectual, the people may and of right Carroll, Eckel, Wooden, Earle, Scott, Piugh, olght to reform the old or establish a new Davis of Charles, Carter, Noble, Keefer, Government. The doctrine of non-resistance Schley, Annan, Baker, Galloway, MIcComas. against arbitrary powver and oppression is. Ilopper, Russell, Ilullikin, Nyman, Negley, absurd; slavish and destructive of the good Smith of Worcester, Purnell, lMurray-37. and happiness of mankind. 80 Art. 6. That the right of the, people to par- the land, and ought to have justice and right, ticipate in the Legislature is the best security freely without sale, fully without anlly denial, of liberty and the foundation of all free Gov- and speedily without delay, according to the ernment; for this purpose elections ought to law of the land. be free and frequent, and every free white male Art. 19. That the trial of facts where they citizen having the qualifications prescribed arise is one of' the greatest securities of the by the Constitution ought to have the right of lives, liberties, and estate of the people.suffrage. Art. 20. That in all criminal prosecutions Art. 7. That the legislative, executive and every man hath a right to be informed of' the judicial powers of Government ought to be accusation against him; to have a copy of the forever separate and distinct from each other, indictment or charge, in due time (if required) and no person exercising the functions of one to prepare for his defence; to be allowed of said departments shall assume or discharge counsel; to be confronted with the witnesses the duties of any other. against him; to have process for his witnessArt. 8. That no power of suspending laws es; to examine the witnesses for and against or the execution of laws, unless by or derived him on oath; and to a speedy trial by an imfrom the Legislature, ought to be exercised or partial jury, without whose unanimous conallowed. sent he ought not to be found guilty. Art. 9. That freedom of speech and debate Art. 21. That no man ought to be compelled or proceedings in the Legislature ought not to to give evidence against himself in a crimbe impeached in any court of judicature. inal case. Art. 10. That Annapolis be the place for Art. 22. That no man ought to be taken the meeting of the Legislature, and the Leg- or imprisoned, or disseized of his freehold, islature ought not to be convened or held at liberties or privileges, or outlawed, or exiled, any other place but from evident necessity. or in any manner destroyed, or deprived of Art. 11. That for the redress of grievances, his life, liberty or property, but by the judgand for amending, strengthening and preserv- ment of his peers, or by the law of the land. ing the laws, the Legislature ought to be Art. 23. That hereafter, in this State, frequently convened. there shall be neither slavery, nor involunArt. 12. That every man hath a right to tary servitude except in punishment of crime petition the Legislature for the redress of whereof the party shall have been duly congrievances, in a peaceable and orderly manner. victed; and all persons held to service or Art. 13. That no aid, charge, tax, burthen labor as slaves are hereby declared free. or fees ought to be rated or levied, under any Art. 24. That excessive bail ought not to pretence, without the consent of the Legisla- be required, nor excessive fines imposed, nor ture. cruel or unusual punishment inflicted by the Art. 14. That the levying of taxes by the courts of law. poll is grievous and oppressive, and ought to Art. 25. That all warrants, without oath be abolished; that paupers ought not to be or affirmation, to search suspected places, or assessed for the support of the Government, to seize any person or property, are grievous but every other person in the State, or person and oppressive; and all general warrants to holding property therein, ought to contribute search suspected places, or to apprehend sushis proportion of public taxes for the support pected persons without naming or describing of Government, according to his actual worth the place, or the person in special, are illegal, in real or personal property; yet fines, duties and ought not to be granted. or taxes may properly and justly be imposed Art. 26. That no conviction shall work or laid on persons or property, with a politi- corruption of blood, or forfeiture of estate. cal view, for the good government and benefit Art. 27. That a well regulated militia is of the community. the proper and natural defence of a free govArt. 15. That sanguinary laws ought to be ernment. avoided as far as it is consistent with the Art. 28. That standing armies are dangersafety of the State; and no law to inflict cruel ous to liberty, and ought not to be raised or and unusual pains and penalties ought to be kept up without the consent of the Legismade in any case, or at any time hereafter. lature. Art. 16. That retrospective laws, punish- Art. 29. That in all cases, and at all times, ing acts committed before the existence of the military ought to be under strict subordisuch laws, and by them only declared crimi- nation to and control of the civil power. nal, are oppressive, unjust and incompatible Art. 30. That no soldier shall in time of with liberty; wherefore, no ex post facto law peace be quartered in any house without the ought to be made. consent of the owner, nor in time of war exArt. 17. That no law to attain particular cept in the mlanner prescribed by law. persons of treason or felony ought to be made Art. 31. That no person, except regular in any case, or at any time hereafter. soldiers, mariners, and marines, in the serArt. 18. That every man, for any injury vice of this State, or militia when in actual done to him in his person or property, ought service, ought in any case be subject to, or to have remedy by the course of the law of punishable by martial law. 81 Art. 32. That the independency and up- of the Gospel as such, or any religious sect rightness of Judges are essential to the impar- order or denomination; and every gift or tial administration of justice, and a great sale of goods or chattels to go into succession, security to the rights and liberties of the peo- or to take place after the death of the seller ple; wherefore the Judges shall not be re- or donor, to or for such support, use or benmoved, except for misbehavior on conviction efit; and also every devise of goods or chatin a court of law, or by the Governor, upon tels, to or for the support, use or benefit oj the address of the General Assembly; pro- any minister, public teacher or preacher of vided, that two-thirds of all the members of the gospel, as such; or any religious sect, each House concur in such address. No Judge order or denomination, without the leave of shall hold any other office, civil or military, the Legislature, shall be void; except always, or political trust or employment of any kind any sale, gift, lease or devise of any quantity whatsoever, under the Constitution or Laws of land not exceeding five acres, for a church of this State, or of the United States, or any mneeting house or other liouse of worship, or of them, or receive fees or perquisites of any parsonage, or for a burying ground, which kind for the discharge of his official duties. shall be improved, enjoyed or' used only for Art. 33. That a long continuance in the such purpose; or such sale, gift, lease or deexecutive departments of power or trust is vise shall be void. dangerous to liberty; a rotation, therefore, in Art. 38. That the manner of administering those departments is one of the best securities an oath or affirmation to any person, ought of permanent freedom. to be such as those of the religious persuasion, Art. 34. That no person ought to hold at profession or denomination, of which he is a the same time more than one office of profit, member, generally esteem the most effectual created by the Constitution or Laws of this confirmation by the attestation of the Divine State; nor ought any person in ptiblic trust Bing. to receive any presents from any Foreign Art. 39. That the liberty of the press ought Prince, or State, or from the United States, to be inviolably preserved. or any of them, without the approbation of Art. 40. That monopolies are odious, conthis State. trary to the spirit of a free government and Art. 35.' That as it is the duty of every the principles of commerce, and ought not to man to worship God in such manner as he be suffered. thinks most acceptable to him, all persons are Art. 41. That no title of nobility or heredequally entitled to protection in their religious itary honors ought to be granted in this liberty; wherefore, no person ought by any State. law, to be molested in his person or estate, on Art. 42. That the Legislature ought to enaccount of his religious persuasion or profes- courage the diffusion of knowledge and virsion, or for his religious practice, unless under tue, the extension of a judicious system of the color of religion any man shall disturb general education, the promotion of literature, the good order, peace, or safety of the State, the arts, sciences, agriculture, commerce and or shall infringe the laws of morality, or manufactures, and the general melioration of injure others in their natural, civil or reli- the condition of the people. gious rights; nor ought any person to be Art. 43. This enumeration of rights shall compelled to frequent or maintain or con- not be construed to impair or deny others retribute, unless on contract, to maintain any tained by the people. place of worship or any ministry; nor shall Art. 44. That this Constitution shall not any person be deemed incompetent as a wit- be altered, changed or abolished except in the. ness or juror, who believes in the existence of manner therein prescribed and directed. a God, and that under his dispensation such On motion of Mr. CUSHING person will be held morally accountable for The report was ordered to be printed upon his acts, and be rewarded or punished there- the Journal. for, either in this world or the world to come. Mr. STOCKBRIDGnE moved that it also be Art. 36. That no other test'or qualifica- printed in bill form. tion ought to be required on admission to any The motion was agreed to. office of trust or profit, than such oath of MVr. CHAMBERns, from the minority of the office as may be prescribed by this Constitu- Committee submitted the following report, tion, or by the laws of the State, and a which was read and ordered to be printed on declaration of belief in the Christian religion; the Journall: and if the party shall profess to be a Jew, the The undersigned, members of the Comdeclaration shall be. of his belief in a future mittee to consider and report upon the Declastate of rewards and punishments. ration of Rights, not concurring with the Art. 37. That every gift, sale or devise of majority of the Committee in all of the proland,' to any minister, public teacher or positions they may submit, beg leave to preacher of the Gospel, as such, or to any re- report: ligious sect, order or denomination, or to or That with regard to the proposed fourth for the support, use or benefit of, or in trust Article of the Declaration of Rights, as reported for any minister, public teacher or preacher by the majority, they are of opinion that how 82 ever true is the proposition that the Constitu- of course, prefer to be here when the subject is tion of the United States and the Laws made in taken up. pursuance thereof, are the Supreme Law of the Mr. CHAgin4mRS. I am unwilling to ask of the land, yet it has never been deemed necessary by Convention any favor personal to himself. My the statesmen who framed that Constitution. professional duties will require me to be absent or by those who framed the Constitution of a day or two next week. My present purpose this State, or, in so far as the undersigned is to be here on Thursday, but I have not a have learned, by the framers of any one of very clear foundation for expecting to be here the numerous Constitutions of the other at that time. I hope the Convention will not States, to insert armongst the rights and pre- terminate the discussion of the question until rogatives of their citizens any language en- I have an opportunity of hearing or of readforcing the obligation of allegiance to the ing the arguments upon it. Government of the United States. Mr. DANIE.L. I hope the motion will prevail Nor do the undersigned perceive the neces- to make this the order of the day for Thlurssity for a departure from the universal prac- day. We are not likely to get through with tice that has obtained in all the States, and it for several days. I wish all gentlemen who which practice has been adhered to even in desire to be heard to have that opportunity. those instances where Constitutions have been But if we postpone in consequence of' the abframed in the midst of the existing civil war; sence of one or two members to Friday or or for the voluntary offering of allegiance to Monday, somebody else may then be absent. the Government, on an assumed condition of If it is found necessary, when the hour arrives hostility in the legislation of the State to the on Thursday, we may then postpone the conGovernment of the United States. sideration of the'order of the day. The undersigned also dissent fr6m the Mr. BELTm. 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. STuIImING. If upon Thursday next memsudden, violent and most mischlievous destruc- bers of the committee are necessarily absent. I'tion of the relation of master and slave, would not press the discussion but woula 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 T prefer not to all that is useful and honorable, and with a postpone it niow beyond that time. conviction of its usefulness and propriety on The motion was agreed to. the part of our citizens, so deeply and univer- MISCELLANEOUS. sally felt, that they have carefully prohibited On motion of Mr. DUVALL, by thei-r Constitutions, as well as that of 17'i6 Ordered, That the Chairman of the respecas that of 1851, any interference with this rela- tive Standing Committees have placed in some tion, the rupture of which is now recommended conspicuous position in the RotundaL notices by the majority of the Committee, without of the time and place of the meetings of their the slightest prepartition on the part of either several Committees. master or slave for the extreme change of con- Messrs. BLACKISTON, VALLTANT, and HOLLYdition so instantaneously precipitated upon DAY asked and obtained leave of absence for them, inflicting upon each very serious and to-morrow. unnecessary injury and suffering, and par- On motion of Mr. STOCIaBRIDGIO, ticularly upon the slaves, and, in the absence The Convention adjourned. of' compensation, iniquitous and unjust in the extreme to the master. TWELFTH DAY. There are some minor alterations, the necessity for which was not perceived by the FRIDA y 3th, 864. undersigned, and which of choice they would The Convention met. not have made, but which are not deemed of Prayer by the Rev. MTr. Patterson. sufficient importance to require especial notice Present at the call of the roll, the followE F. CHAlMBERiS, ing members: E FWAR. MELT,Rs Messrs. Goldsboroughb, President; Greene, Gto. W. MORGAN. Hebb, NWickard, Robinette, Miller, Harwood, Henkle, Hatch, Kennard, Stockbridge, StirMr. STIRLING moved that these two reports lin g, Daniel, Abbott, Cushing, Thomas, be.made the order of the day for Thursday Berry of Baltimore county, Ridgely, Parker, next at one o'clock. King, Smith of Carroll, Ecker, Swope, Mr BRLT. I should greatly prefqe that my Wooden, Jones of Cecil, Earle, Scott, Pugh, friend the chairman of the committee should Turner, Edelen, Mitchell, Todd, Carter delay a proposition of that sort until we re- Keefer, Schley, lMarkey, Annan, Baker, Cunassemble. I do not think I shall be here next ningham, Schlosser, McComas, Hopper, Rusweek, and I believe my senior colleague upon sell, Hopkins, Sands, Sykes, Lansdale, Peter, the committee will also be absent. I should, Belt, Marbury, Morgan, Gale, Horsey, Mulli ken, Dellinger, Nyman, Negley, Mayhugh, Which was read. Davis of Washington, Sneary, Smith of Wor- On motion of iMr. IEBBn, cester, Purnell, Mlurravy-63. The rules were.suspended, the resolution The proceedings of yesterday were read. read the second time, and passed —yeas 52; On motion of Mr. DAVIS, of Washington, nays 9 —as follows: Ordered, That the Committee on the Legis- Yeas-Messrs. Goldsborough, President; lativeDepartment inquire into the expediency Greene, Hebb, Wickard, Robinette, Miller, of creating the office of Treasurer in the sev- BHatch, Kennard, Stockbridge, Stirling, eral counties of the State, and providing for Daniel, Abbott, Cushing, Thomas, Berry of the election of the same. Baltimore county, Ridgely, Parker, King, Mr. HF1lR submitted the following order: Smitl of Carroll, Fcker, Swope, Wooden, Ordered, Thot five folded copies of the De- Jones of Cecil, Earle, Scott, Pugh, Todd, bates and Proceedings of this Conventiop be Carter, Noble, Keefcr, Schley, Markey, Anfurnished to each member, daily. nan, Baker, Cunningham, Schlosser. McCoMr. H-EBBs. I supposed that the original mas, HIopper, Russell, Hopkins, Sands, Sy kes, order adopted by'the Convention embhaced Mulliken, Dellinger, Nym:nn, Neg!ey, Maythe Debates, but I find that it only embraced hugh, Davis of Washington, Siteary, Smith the Journal which we all see in thepaper. It of Worccster, Purnell, NMurray,-52. is much more important to send the Lebates NVays —lessrs. EIarwoood, Henkle, Mitchell, and Proceedings to our constituents, than Lansdale, Peter, Clarke, Belt, Marbury, the mere Journal; and I therefore offer this lHorsey — 9. order. Mir. H-ARwoon, when his name was called, Mr. HENKLE. I would suggest to the gen- asked to be excused from voting, which was tlernan to increase the number to ten. It is refilsed, and he voted-No. very important that we should send. these Mr. HIENKLE, when his name was called, debates to our constituents. said: If the resolution were divided I should Mr. l-lEBB accepted the amendmentproposed. have no hesitation in voting for one portion Mr. SANDS. I would mlove that the order of it. That portion which expresses sympaextend back to the beginning of the session, thy with the suffering I should certainly vote but that I understand from the gentleman for; but I am a peace man, and have been that the order is intended to embrace the time from the beginning, and consequently I must already past. vote-No. Mr. RIDGsELY I move to amend so that IMr. CLARKE, when his name was called, they shall be furnished "as printed'" instead said: Before voting I have merely to say of "daily." It will be impracticable to fur- this, that I see in this morning's Alnerican,nish the Debates day by day as we receive the I do not know whether it is true or not-that Journal. a correspondent of the New York Times Mr. HEBBs accepted this amendment also. charges upon the Maryland troops in the fight Mr. DANIEL,. I shall not oppose this order; -cowardice. If that charge be true, or until but I think that if we take ten copies of the it is settled whether it is true or not, of course Debates it will be unnecessary to take the I should feel unwilling to vote for the resofive extra copies of the Journal, and I shall lution of thanks, I therefore ask to be exmove to rescind that order. cused from voting. Mr. HEBB. That will not interfere with The request was refused. and he voted-No. the adoptiond 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 arrange- that has deeeper sympathy with the families ment can be made hereafter, I presume, to of the slain, or with those suffering from make a deduction if those additional copies wounds received in the battle-field, than I. of the Journal are not furnished. All those that suffer have my deep and heartThe PRESIDENT. There is a contract by felt sympathy; and there is no man in Marywhich the printer furnishes the five extra land that will go further to relieve them in copies of the Journal. every possible way. But the previous part of The order as modified was adopted. the resolution returns thanks for services renTHANKS TO MARYLAND SOLDIERS. dered in the prosecution of the war withou t any AMr. STIRLING submitted the following reso- qualification as to the principles upon which lution: it is now conducted. I will personally stuffer Resolved, That this Convention tenders any extremity before I will ever by word or the thanks of the State to the soldiers of act in any way yield my assent, directly or Maryland in the army of General Grant, for indirectly, or by implication, to what may be the gallant manner in which they have be- considered to be in approval of that policy-. baved during the recent battles, and that this I am therefore in the unpleasant position of Convention expresses its deep sympathy with voting —No the families of the s ain, and for the wounded Mr. MARBURY. The gentlemen who have in their sufferings; spoken have so fully expressed my views, that I will only ask to be excused. 84 The request was refused, and he voted-No. I ask the indulgence of the Convention to exMr. BERRY. I desire to ask the gentleman cuse me from voting. I am personally in the from Prince George's (Mr. Clarke) whether category of the persons referred to in the the American does not flatly deny the order, and I prefer to avoid the semblance of charge made by the Times' correspondent, impropriety. in the same paper from which he has read. The request was granted. Mr. CLARKE. I am ready to answer the Mr. HEBB submitted the following order: gentleman, if it is in order. Ordered, That the Committee on such ProThe PRESIDENT. Debate is not in order. visions and Ordinances as may be desirable CIVIL OFFICERS. to carry into effect amendments to the ConstiMr. KING submitted the following order: tution, inquire into the expediency of engraftOrdered, That the committee to consider ing upon the Constitution a provision requirand report respecting the Appointment, ing, on the taking effect of the new ConstituTenure of Office, Duties and Compensation of tion, all officers thereby continued in office, all Civil Officers, inquire into the expediency before proceeding in the further disch:rge of of introducing a section in the new Con- their duties, to take the same oath or affirma. stitution securing, to all persons who tion as required of officers appointed or elected have been elected by the people to any office under it. within the State, to hold the same unimpaired Mr. LANSDALE. It seems to me that we during the term for which they were elected. labor under great uncertainty in voting for a 1Mr. STIRLING. Whatis itintendedtodo with provision of that kind. This Constitution reference to those offices which may be abol- has not been prepared, and we do not know ished in the Constitution? We have already what oath will be required by the new Condirected this committee to consider the expe- stitution. It seems to me that we should be diency of abolishing the office of Commis- voting upon the subject in the dark,'and sioners of Public Works. The two propo- therefbre I should be compelled to vote-no. I sitions are inconsistent, it seems to me. If move to lay the order upon the table, until the gentleman will amend this so as to except we can know what oath will be adopted by those offices which are altered or abolished the new Constitution. by the new Constitution, I should have no The motion did not prevail. objection to it. Mr. HEBB. I think the gentleman misapMr. DANIEL. It seems to me that a ques- prehends the purport of the order. It only tion like that will come in conflict with almost instructs the committee to inquire into the exevery committee appointed here, except the pediency of such a provision. I see no reason Committee on the Declaration of Rights. why any person holding an office under the Almost every committee has under its charge new Constitution should not be required to the tenure of some office; and it seems to me take the oath required by the new Constituthat it would be competent for each to recom- tion. mend what shall be the disposition made of Mr. LANSDALE. I misapprehended the order. the particular offices entrusted to it. This Mr. CLARKE. If this Constitution should be seems to me to interfere with the proper de- adopted, and the present Constitution changed, partment of other committees, and there- would it not follow that any one holding fore to be improper; and consequently I shall office under the new Constitution must nevote against it. cessarily take the oath under that ConstituMr. MILLER demanded the yeas and nays, tion? T think the order is entirely unnecesand they were ordered. sary; for if he did not take the oath he would The question being taken the result was- be acting without authority. yeas 29; nays 32-as follows: Mr. HIEBB. I should think if he was in the Yeas —Messrs. Goldsborough, President; Mil- office at the time the new Constitution goes ler, Harwood, Henkle, Kennard', Stockbridge, into operation, he would not be required to Cushing, Thomas, Berry of Baltimore county, take the oath, but could continue to hold the Ridgely, King, Smith of Carroll, Jones of office without takinor an additional oath. Cecil, Earle, Scott, Edelen, Mitchell, Todd, Mr. STIRLING. The Governor in office at Carter, Baker, Lansdale, Peter, Clarke, Mar- the time the present Constitution went into bury, tIorsey, Negley, Smith of Worcester, operation, was continued in office without Purnell, Murray —29. being required to take any additional oath; Nays-Messrs. Greene, Hebb, Wickard, so that it does not by any means follow from Robinette, Hatch, Stirling, Daniel, Abbott, the adoption of a new Constitution that an Parker, Ecker, Swope, Wooden, Pugh, Noble, officer continuing to hold his position would Keefl'er, Schley, Markey, Annan, Cunningham, be required to re-qualify himself; and thereSchlosser, McCoinas, Hopper, Russell, Hop- fore I think it would be perfectly proper to kins, Sands, Sykes, Mulliken, Dellinger, Ny- provide that anybody continued in office man, Mayhugh, Davis of Washington, should stand upon the same footing and abide Sneary-32. by the same rules as others holding office So the order was rejected. under the Constitution. Mr. BELT, when his name was called, said: Mr. CLARIKE. I have not examined it, but 85 my recollection is that there was a special portunity. It is not intended that he should provision, by resoldtion or otherwise, in refer- be absent day after day and put somebody ence to the Governor. else in the chair. I see no necessity for such Mr. PUGH. If there is any doubt at all a long period of time. about the matter, I should think that the Mr. KENNARD. The rules of the House of order should be passed; for it is very impor- Delegates say seven days. The committee tant that there should be no doubt about it. thought it better to leave it blank and let the Mr. BELT. I will suogest to the gentleman Convention determine. For myself; I am not from Allegany (Mr. Hebb) that a portion of particular about it. his order appears to conflict with the order Mr. STIRLING. There are two or three of offered by the gentleman from Baltimore the Rules of the House of Delegates that I county (.itr. King) and rejected. That order always thought were very extraordinary; and contemplated the continuance of persons hold- this is one of them. ing office in their offices, and the Convention The motion to fill the blank with I seven " refused to refer it or consider it at all. The was lost-yeas 28; nays 29. order of the gentleman fi'om Ailegany assumes Mr. GREENE moved to fill the blank with that certain persons are to be retained in "five." office. There is an incongenity, it seems to The motion was agreed to-yeas 41; nays me, between the two orders. I am in favor of not counted. the principle stat:d in the order of the gentle- Rule 15th, having been read, man from Allegany; for I do not think there Mr. BERRY, of Baltimore county, said: ought to be any discrimination in favor of or' Every report fiom a committee containing against persons retained in office. They ought articles or sections proposed to be made part to stand upon precisely the same qualification of the Constitution, shall receive three readas those elected. There can be no doubt about ings in the Convention, on three different that. days of' the session, previous to its adoption," The order was adopted. &c. That might be construed to mean nine RULES OF ORDEOt. readings. I move to substitute the words On motion of Mr. STIRLING, be read to the Convention on three different The Convention proceeded to the considera- days of the session." tion of the order of the day, being the report Mr. SCHILEY. It does not say' three readof the Committee on Rules; and it was read ings on each of three different days. Three and amended as follows: readings on three different days cannot be Mr. STOCKBRIDGE moved to fill the blank in nine readings on three different days. Rule 4, with the number "seven." Mr CLARKE. It conforms with the reading Mr. BAKER moved to fill the blank with of the rule of the House of Delegates with " five." reference to bills: The question was stated upon insertions " Every biil shall receive three readings in "seven," thelongest tiethe I-he House on three different days of the sesMr. STocKBRnaIDGE. I will give my reason sion previous to its pessage," &c. for naming seven days in preference to a short- Mr. BERRY, of Baltimore county. I only er time. Some of the adjournments of this want to make it plain, and remove the ambody have been quite long. By an order bignity. adopted yesterday, we are to-day to adjourn Mr. MILLER. The construction can be renuntil Wednesday next. If bl any contingen- dered certain by the modification, " three cy the President should not be present at that readings in the Convention, one on each of time, any member whom he may to-day have three different days of the session. named would not be qualified, under the mo- Mr. HuBn. I would suggest that we use tion of the gentleman from Frederick, (Mr. the language of the Constitution with referBaker) to take the chair at thattime. Inamed ence to bills, that they shall "be read on seven days, so that in case such a contingency three different days of the session. should occur we might not be without a pre- Mr. BERRY, of Baltimore county, modified siding officer. his amendment, so as to strike out "' receive Mr. STIRLING. I have great respect for the three readings in the Convention," and insert Chair, but I think this is giving rather a large " be read," so as to conform to the language privilege to any presiding officer to enable of the Constitution. him to be gone out of the chair for a week. The amendment was agreed to. The House is surely able to pE't somebody in Mr. CLARKE. I move to amend the followthe chair, in case there is nobody there. This ing clause of the same rule by striking out " a is only intended to give the President the majority" and inserting "three-fourths." privilege of leaving his chair from time to This amendment will be found on page 58 of time for the purpose of making it more com- the Journal, immediately following the Rules. fortable for him than to stay here all the time This Rule corresponds with the 39th Rule of during the session. Other members have the the present House of Delegates', merely subright to get up and go out; but the Presi- stituting for the word "bill," the word " redent, without this provision, has no such op- port." 86 " Rule 39. Every bill shall receive three clause, and to serve his constituents by sugreadings in the Hlouse on three different days gesting a proper modification. Such a rule of the session previous to its passage, unless as this, will enable a bare majority of the three-fourths of the members of the House House, to put a provision of the Constitution otherwise determine, &c." upon its final passage upon the very first day In framtling these rules we have determined of its presentation to the House. without its that reports from committees embodying ever being printed, or members being allowed amendments of the Constitution shall go an opportunity to read it through. through the sa-me form that bills go through Not only does reason favor the amendment when they are pending before the House of which I submit, but that amendment is in Delegates. There no bill, if it simply appro- consonance with the rules of every legislative priates five dollars, or proposes to change a body, whose rules I have examined. No man's name, if it touches the snlallest matter legislative body, so far as I am inforrned or of legislation, can be read more than once lha ve examined, which requires a report emupon the same day unless three-fourths of tile bodying articles in a Constitution, or a bill, members vote for it. Otherwise it receives to be read on three several days, allows a bare one reading on one d(ay, a second reading on nmajority of the H-louse to put it through upon another day, when it is considered as subject to its final passage upon the first day that it is amniendment, and a third reading on a third submitted, without giving members the day when it is put upon its final passage. All privilege of reading it through. But the that I propose, therefore, by this aumendment, rules of every legislative body, wilere three is to place reports from committees containing days are required upon which ameasure shall articles or sections proposed to be lmade a be read, provide that a vote of three-fourths part of' the Constitution in the same position; of the members shall be required to suspend and I tlinkl no gentleman can object to the the rules. I offer the the amendment, therereasonableness of such an anmendment. We fore, that we may not, upon so grave a matare here to form a Conistitution for the people ter as that upon which we are now engaged, of tlhe State; to remodel the organic law. The the formation of the organic law of the State; result of this rule, it' it should be adopted by proceed hastily, but that we may contform to the Convention as reported by the majority of the rule of' justice which in every legishative the commniittee, would be that the majority of body is extended by the majority to the mmintho Convention could frame areport and sub- ority, to give them an opportunity to conmit it to-day to the Convention, have it read sider a proposition three days, first when it is the second time by a vote of a bare majority, offered, second when it is open to amendand by the same vote put it upon its pas- ment and discussion, and third when the final sage; and the memnbers of the Convention vote is talken upon it. would not even have the privilege of seeing Mr. STIRLIhG. I do not altogether agree that report in print, or the opportunity to with the member from Prince George's (Mr. read it through, but must judge of its pro- Clarke) although I am anxious to avoid hasty visions simply by hearing it read at the clerk's legislation. I do not want to require too desk. strong a vote to carry through a project at Now I gravely ask this Conivention whether, the manifest desire of a large majority of the as representing their constituents here in a Convention 1 wou!d move to amend so that sovereign Convention to remodel the organic it may require a vote of'" two-thirds of the law of' the State, they will be prepared to members present." adopt a report to insert articles in the Con- Mr. CLARKE. Of course that is better than stitution of the State in that rapid and infor- the report as it emanates from the niajority of malt manner. I can hardly conceive of any the committee; but still, inasmuch as the report which will emanate from any commit- amendment submitted by the minority of the tee, emnbod)ing an article to be placed in the committee embodies the rule which governs Constitution, which I should be willing to all legislative bodies, so far as I have been vote upon in this manner, unless I was a able to learn, and which has governed the member of that co)rmmittee and had carefully House of Delegates ever since the adoption of considered its provisions. We are not only the last Constitution, I am not willing to acto eambody our views-in the Constitution, but cept of the amendment suggested by the we are to embody them in such a form that it gentleman from Baltimore city. I should be will not atterwards involve the State in liti- unwilling to place a third of the members of gation. Every man's constituents are en- the Conventionign that position I think the titled to demand, upon a constitutional pro- rule adopted by the House of Delegates is vision, not only that the views of their repre- preferable to that now suggested. sentative in reference to the policy of tlat Mr. STIRLING. I will state very briefly why provision should be considered, but. that he I am willing to go to the extent I have sugshould have an opportunity to read over the gested, and why I do not feel disposed to go phraseology to determine whether it may quite as far as the gentleman from Prince not involve the people of the State in a lengthy George's. So far as his argument bears upon litigation from the hasty adoption of some the question of the hasty consideration of a, 87 report, and the actual adoption of a clause of Mr. CLARKE. I beg leave to correct the the Constitu tion without printing it and with- gentleman friom Baltimore city ( Mlr. Kenrnard.) out giving it proper reflection, even down to 1tule 15 applies merely to reports from cornits most nminute details. I entirely agree with mittees colntailling articles or sections proposed him. B3ut I do not want, in order to avoid to be made a part of the Constitution; and in that danger, to go so far as to place it in the this report we have assimilated these reports power of too small a portion of the Conven- to bills. By referling to IRule 39P it will be tion or control the action of tile body. The seen that bills are to be read on three different general rule of parliamentary proceedings is days " unless three-fourths of the members of th:tt the rules may be suspended upon a vote the House otherwise determine.''. In everyof two thirds of the members pr esent. The thing else excepting a reportembodying a proConstitution of Maryland has gone far beyond vision to be inserted in the Constitution the the ordinary rule, in requiring a vote of ordinary rule of the House of Delegates apthree-fourths; and yet there is one reason for plies, as will be seen by referring to the next that which does not apply to the business of rule, Rule 16. this Convention. If we adopt a report, it does Mr. SANDS. It.occurs to me that the adopnot make it a part of the Constitution. It is tion of thle two-thirds rule can worlk no hardin the power of the IHlouse to reconsider it at ship, and may do good Some of the comany time, But if the Legislature passes an act mittees who will report here have more and that act, ges into immediate effect. Therefore some less subject matter on ivhich to report. there is imore reason for providing that it shall Some of the reports are so brief that a bingle require three-fourths of the members of the reading of them. at the k lerk's desk, would Legislature to pass an act through in one day enable any gentleman in thle House to pass than for providing that it shall require three- upon this report; vwhy require that the same fourths of the members of the Convention to length of time be given to such a matter, as adopt a report, the adoption of which will to a report the subject mnatter of which would have no immediate effects. We merely resolve comprise many sections? For instance Art. that it shall be a part of the Constitution; but 9 of the present (Constitution does i,ot contain we have to pass all over it again, and it is in- twenty printed lines, and has brut two seethe power of any member to move a reconsid- tions, which are so plain and simple that a eration. So there is not the same urgency in single reading of therm would enable this the objection to passing through a report in a House to pass intellige, tly upon them. W l hr single day. I think my own proposition, of should we adopt a rule to require the same two-tllirds, sufficiently guards against the time to palss such an article as to pass the bill possibility of too rapid legislation. of rights or other importantt rmatters. The Mr. C(LARKE. 1 have no desire to prolong adoption of the three-fourtlhs rule put it in this debate, but the result of the amendmnent the powver of any minority, however small, a of the gentleman frtom Ballimore city will be fourth and one imember over, if they choose, that propositions may be put through in this to avail themselves of it to hinder the action hasty manner. I admit that we have the of this body. Requiring a two-thirds vote to privilege of moving a reconsideration; but a. suspend a rule is simply giving to this body bare majority of the Convention cal perevent the reasonable facility in; the transaction of' its a reconsideration. It is in order that the mi- business that it ought to hsave. I do no think nority of this 1-louse may e'scape from the our, friends need apprehend thi;t we are going dilelllma of being placed in a position to be to hurry them on any imlportant mnatter. I required to vote upon propositions of xwhose amn opposed to that forcing process. It' they character they are ignorant, that I desire to claim the thrree-fourthis rule sirimply in dread embody tlhis proposition inr our rules. A re- of that, I think that all tlhat believe as I do consideration afterwards will have no power I will unite in assuring them that they need to aid thein. I ask it as the plainest proposi- have no dread of that sort. I simply throw tioni of- justice, that we should not have a re- out the suggestion that the reports of comport mrade here and passed right throughi mittees will be very various, the article on without being seen, but.that it should be read the militia for in-tanhe now contaiining but on oine day, discussed and perfected on sixteenlin!es. Why consunsethteeor four days another, and put upon its final passage on a over that mratter when it migaht be acted upon third day. in one? I shall vote for t!.e aimerndmentof the,Mr. KENNARD. My colleague on the commit- gentlemnan fron Balltilnore city (MNlr. Stirling) tee (Mr. Clark) referred to tile fact that there because I t)elieve it will fclilitate tile transacis no provision in Legislative bodies similar to tion of tile business of tlre Convention. that proposed by my fiiend from Baltimore Mr. CLARK,.. One differlence between the city Mr. (Stirling.) That provision is precisely amendment of tile gentlemani fiom Baltimore the same in language with the present rule of' city and thsat I offered, is that he does not the House of Delegates relating to resolutions. propose two-thirds of the meinbers elect, but Rule 42, provides that the Hlouse may, " by two-thirds of the triembers present, which special order, two-thirds of the members pre- very materially alters the character of the sent agreeing, dispense with the rule." amendment. If the gentleman will make it 88 two-thirds of the members elect, it will be There was no objection. a fairer proposition, and a nearer approxima- Mr. STocBRIDnGE. To prevent ambiguity tion to the amendment submitted by the min.. I move to amend the tenth rule. I desire it ority of the Committee. to read either a majority of the memberq One word further with reference to the present or a majority of those elected. I course of the majority. There are a preat will move to insert the words'" members many questions to come before this body, elected to the," so that it shall read, "if a and I do not know that upon all these ques- majority of the members elected to the Contions we differ upon party lines. There will vention so determine." be, I presume, various questions upon which The 17th rule having been read, gentlemen will be differently divided. I have Mr. STIRLIN6 moved to strike out all but the heard different expressions of opinion upon words: different subjects, not embraced strictly within "Calls of the Convention shall be made if party lines. required by seven members." Mr. CLARIKE demanded the yeas and nays Mr. STIRLING said: It seems to me that upon the amendment moved by Mr. Stirling; there is no necessity for this rule, and it may and they were ordered. become very dangerous. It puts it in the The question being taken, the result was- power of any three members of the House to yeas 51; nays 15-as follows: demand that every member not present shall Yeas-Messrs. Goldsborough, President; be sent for. The House is not proceeding unGreene, Hebb, Thruston, Wickard, Robinette, der a call, and while bringing them back Harwood, Hatch, Kennard, Stockbridge, Stir- others can be going out, and some other ling, Abbott, Cushing, Thomas, Berry of three may require that they be sent for, and Baltimore county, Ridgely, Park'er, King, so on. It places it absolutely in the power of Smith of Carroll, Ecker, Swope, Wooden, any three members who choose to exercise it Jones of Cecil, P1ugh, Todd, Carter, Noble, to make the House sit here indefinitely. If Keefer, Schley, Markey, Annan, Baker, Cun- we give seven members the power to call the ningham, Schlosser, McComas, Hopper, Rus- tHouse, it is power enough, and I think a sell, Hopkins, Sands, Sykes, Mulliken, Del- very large power. linger, Nyman, Negley, Mayhugh, Davis of aIR. CLARKE. I would like to retain the Washington, Sneary, Smith of Worcester, rest of the sentence " at any time when a Purnell, Murray-51. subject is under consideration." Nays-Messrs. Miller, Henkle, Earle, Scott, Mr. STIRLING modified his amendment acTurner, Edelen, Mitchell; Lansdale, Peter, cordingly. Clarke, Belt, MIarbury, Morgan, Gale, Hor- The amendment was agreed to. sey-15. The 20th rule having been read, So the amendment was agreed to. Mr. STIRLING moved to strike out the words Mr. STOCKBRIDGE. I move to amend the last " nine members' and insert " a majority of clause of this rule by striking out the word the members present'' Convention," and inserting''members Mr. CLARKI,. Before the vote is taken I present." wish to read the present rule of the House of There are three different expressions used Delegates with which the rule corresponds in these rules in different places-a majority exactly as it stands, with the exception of the of the Convention, a majority of the members numbers which were increased so as to take elected to the Convention, and a majority of the same proportion of the number of the the members present The two expressions,, members of the body. The 47th rule is: a majority of the members elected to the Con- " The House shall be resolved into a vention, and a majority of the members pres- Standinfg Committe of the Whole on the conent, are always clear and unmistakable; but dition of State, if required by seven members it has often happened that the other expres- which Committee may originate Bills or Ression, the majority of the House, has been olutions. Bills on their third reading, and Wrangled over to determine which of the two all other matters on their third reading, shall, it meant, whether it meant a majority of the if required by five members, be committed to members present in the House, or a majority a Comnmittee of the Whole House." of the members elected to the House. It is If this amendment is adopted, it certainly not, so far as I am aware, important in this is restricting the privilege of going into Complace which is adopted; but it may be import- mittee of the Whole by a more stringent rule ant that it be made so clear that we shall not than I have ever seen adopted with reference consume time in wrangling about it hereafter. to the government of any legislative body I have no choice which rule is adopted, but I -I would suggest further that the parliamentary propose the amendment that it may te cer- rule is well established that if nine members, tain is meant. or seven members, demand that the House The amendment. was agreed to. shall go into Committee of the Whole, it is Mr. STocKBirnIGE. I now ask unanimous the privilege of the majority of the House to consent to move a similar amendment in sec- vote, upon a proper motion, that the Comtion 10. rnittee rise; and therefore under the ordinary 89 parliamentary rules, the majority of this special orders, interposed to prevent it; in House has full control over what shall be consequence of which, the House on the 1st done after going into Committee of the June, 1840, amended the 136th rule so as to Whole. I simply rose to make the statement go into the Committee of the Whole on the that' if this amendment is adopted, it imposes State of the Union atany time; in other words, a restriction upon this House which I have reiterated the ancient practice under the 124th never known imposed upon any legislative rule." [Note to Rules of House of Represenbody before, and certainly not upon any Con- tatives.] -vntion called to remodel the organic law. Mr STIRLING. The rule does not allow any Mr. STIRLING. I am not very particular seven or nine men to require the House to go about the amendment, but I will state the into Committee of the Whole at any time; reason why I offer it. I am perfectly aware but it is only a provision that they shall go that the rule reported by the Committee into Committee of the Whole at a certain makes no change in the rule of the House of hour every day, as a standing order. Delegates. But I was not aware that that was Mr. CLARxE. It does not require a vote of the ordinary parliamentary rule. If the. the majority to say whether they shall go in gentleman's information is correct, I confess or not; but the privilege exists to go into myself ignorant upon that subject. It cer- Committee of the Whole under the standing tainly is not the rule in the House of Repre- rule of the House without a vote of the sentatives. It requires a majority to take majority, whenever it is in order, any memthe House into Committee of the Whole. ber can call for the enforcement of the standAnd it always did seeem to me, when I was a ing rule and take the House into Committee member of the House of Delegates, that this of the Whole as the regular standing business, rule had no practical good effect, but only without even a vote upon the proposition. had a practicalevil effect. It enables any nine M r. SANDS. Perhaps the question may men, for the purpose of consuming the time turn upon the third word in this order, the and preventing action, to demand that the word "shall." Ought it not to read that House go into Committee of the Whole. the Convention may be resolved into ComnSomebody moves that the committee rise. rmittee of the Whole if nine members require As soon as the committee rises, nine men it, and the majority think it proper to do so; again require that the House go into Com- so as to allow seven or nine members to call mittee of the Whole; and again a motion is for it, and then to give to the majority the made that the committee rise, and the major- right to decide upon it? ity vote for it, and the committee rises. The Mr. CLARKE. By the rule of Congress, rule enables nine men to force the majority to after going into the Committee on the Whole, keep rising as long as they choose to keep it the majority can vote to go out; and that is up: nine men can take the Convention into the protection the majority have; and it is Committee of the Whole; but they have no the same protection we should have under the power to keep them there. It seems to me that rule as reported by the committee. if you allow the majority to say when they Mr. SANDS. If it is made the rule that will go into Committee of the Whole, it will upon going into the Committee on the Whole, put the power where it belongs, and where it if the majority decides that the committee will not be abused. rise, the call is not to be renewed that day, Mr. SANDs. It seems to me that this rule I will agree to it; but if it is to be succeeded embodies one or the other of two things. The by call upon call, I cannot. majority of the House are to be put into the Mr. CLARKE. No, sir; it is not. Instead power of nine, or nine are to be put into the of providing a standing rule that the House power of the majority of the House. Which shall resolve itself into Committee of the is the most reasonable? I think that the Whole, thus placing the House every day power is most safely to be lodged with the regularly under that standing rule, this is that majority, and shall vote accordingly. seven or nine members may demand it. When Mr. CLARKE. I rise simply to correct the the House has gone into Committee of the statement of the gentleman from Baltimore Whole, the majority can determine whether city (Mr. Stirling) with reference to the rule to remain in Committee of the Whole or to of Congress. The rule is this: rise at once and report. This of course-gives " Rule 129. It shall be a standing order the majority full control over the proceeding. of the day, throughout the session, for the Mr. PUGH. The gentleman has not yet exHouse to resolve itself into a Committee of the plained why it might not happen that either whole House on the State of the Union." seven or nine members might control the "For more than forty years it was held whole action of the House. I ask this explanaand practiced, under this rule, that the House tion because my knowledge of parliamentary could resolve itself into a Committee on the matters is limited. I cannot see why it might Whole on the State of the Union at any time. not happen that seven or nine members could Recently, however, a different practice pre- bring the whole business of the Convention vailed, it being held that several of the rules to a dead lock. They call upon the Convention prescribing the order of business, as well as to go into Committee of the Whole, 90 and we go in. The majority determine place thereof the words "a majority of the to report, and we report. Then could members present." they not call again for going into Commit- The amendment was agreed to. tee of the Whole? I ask for this information; Rule 22d hav\ing been read, for if that should be the result of the adop- Mr. STIKLING moved to amend by adding: tion of this rule, I certainly should be opposed " When a report or resolution is ordered to to it. There may be seven or nine men who be engrossed for a third reading, it shall be would rather bring all the proceedings of the actually engrossed before being read a third Convention to a dead stop than that anything time, unless a majority of the members present should be done in the Convention. shall otherwise order. Mr. STIRLING. The suggestion of my friend Mr. STIRLING said: I move that amendfrom Cecil ( Mr. Pugh) is perfectly proper; and ment because it is known that it has long in order to show that it may be necessary to been the custom of the Legislature of Maryadopt the amendment I will suggest that if land that when a bill is ordered to be enit is the standing order of the day to go into grossed for a third reading, it is not actually Committee of the Whole, and if the House does i engrossed, and very often it is read the third go into Committee of the Whole, either with- time with the amendments merely stuck on, out a vote or upon the demand of seven or written on separate pieces of paper. I think nine members, and if the majority vote that we shall have time enough, and that it will the committee rise, the standing order is sat- X prevent mistakes, tohave themactually copied isfied, and the House does not go into Com- over again if amended. If it is deemed immittee of the Whole again. It is not the priv- portant to read anything a third time without ilege of any one or more members to demand waiting for it to be actually engrossed, the that the House go into Committee of the majority can dispense with the engrossment. Whole again. But this rule, as it stands Unless some rule like this is adopted, I suphere, has no limitation to it. It says the pose that it will not be considered necessary House are to go into Committee of the i actually to engross the reports, but it will be Whole not at a particular hour of the day, not omitted according to the custom in the Legonce only, but at any time when required by islature. nine members; and it may go back and forth, Mr. KENNARD suggested that the amendconsuming the time of the Convention. I ment should be added to the 53d rule. have seen it done in the House of Delegates Mr. STIRLING withdrew the amendment. time and time again. I have seen the House Mr. BERRY of Baltimore county submitted taken into Committee of the Whole, and taken the following amendment: out again, four or five times in succession. I Strike out all after the word " interlined," That cannot be done in Congress; when the in the sixth line, and'insert' but all amendHouse votes that the Committee rise, it is done | ments shall, when agreed to by the commitfor that day. tee, be duly entered by the Secretary, separMr. BERRY of Baltimore county. The dif- ate paper, noting the page and line, and, ference between the gentleman from Balti- through the chairman, be so reported to the more city (Mr. Stirling) and the gentleman I Convention, which report, resolution, or other from Prince George's (Mr. Clarke) I think is matter, shall again be open to debate and settled by one of' the rules of the House of amendment by clauses." Representatives: Mr. STIRLING. I do not see why this rule " The House may, at any time, by a vote of is not made applicable to amendments at any a majority of the members present, suspend time. I do not see why it should be restricted the rules and orders for the purpose of going to reports in Committee of the Whole. They into the Committee of the Whole House on the should not be interlined at all. The amendState of the Union." ments should always be upon separate pieces Mr.. CLARK That does not settle the point of paper. between the gentleman from Baltimore city and Mr. CLARKE. Keepint the Journal of the myself, which is this, that under the standing Convention, and the Journal of the Commitrule of the House, the House goes once into tee of the Whole, are two very different things. Committee of the Whole; and after having When the Convention is in Committee of the that privilege under the standing rule once, Whole, it is not then acting as a Convwn tion. then the majority does it under this restric- If we have a report pending before the Contion that it is not under the standing order. vention, it would be just as it was referred to So that the proposition still remains that every the Committee of the Whole, for the Commitlegislative body has the privilege of either tee of the Whole have no more right to change going by standing rule, or by some form that report than any other committee. This other than the vote of the majority, into a provision is intended to keep the action of Committee of the Whole. the Committee of the Whole separate from The amendment was agreed to. that in Convention, in order to keep a Journal Mr. STIRLING moved to amend the last of proceedings in Committee of the Whole, to clause of the same rule, by striking out the be published, as provided for afterwards. words "seven members" and inserting in - Mr. STIRLING. That is all very proper. All 91 I mean to say is that the same rule ought to THIRTEENTH DAY. be enforced in Convention, that the amend- WEDNESDAY, May 18th, 1864. ments should be on separate pieces of paper. It seems to me that the rule ought to be The Convention met. made applicable to them both, and cover the Prayer by the Rev. Mr. Owen. whole matter. Present at the call of the roll, the following Mr. BiRRY of Baltimore county. The members: amendment is simply offered to make the Messrs. Goldsborough, President; Wickard, rule read more smoothly. That is all. Miller, Harwood, Hatch, Kennard, StockThe amendment was agreed to. bridge, Abbott, Cushing, Thomas, Audoui, Rule 32d having been read, Hoffman, Parker, King, Larsh, Smith of CarMr. BERRY of Baltimore county asked for roll, Ecker, Wooden, Earle, Scott, Pugh, an explanation. Briscoe, Parran, Carter, Schley, Markey, Mr. KENNARD. It is taken from one ofthe Cunningham, McComas, Hopper, Hopkins, rules of the House of Delegates. Confusion Sands, Lansdale, Peter, Duivall, Marbury, might arise from taking papers out of the Brown, Morgan, Dennis, Nyman, Davis of Convention, and members might uninten- Washingtonl Smith of Worcester, Purnell, tionally make much trouble. The 16th rule Murray-43. of the House of Delegates reads: There being no quorum present, "No member shall take out of the House Mr. PURNELL said: There is no probability any bill, or other paper, belonging to the that there will be a quorum here to-day; and House, without leave of the Speaker," &c. I move that the Convention adjourn. Mr. CLARKE. No reflection was intended The motion was agreed to, and upon any member in adopting this rule. It The Convention adjourned. was to prevent confusion. The clerk, of course, has charge of the papers, and if any FOURTEENTH DAY. member could call upon him and ask him for a paper, there was no rule under which the clerk could keep the papers. Other members The Convention met at 12, M. might desire to see the same papers, or papers Prayer by the Rev. H. C. McNamar. might be taken away which were pending be- Present at the call of the roll, the following fore the Convention. Furthermore, this rule members: will fix the responsibility of the custody of Messrs. Goldsborough, President; Abbott the papers upon the clerk; and if there were Annon, Audoun, Baker, Barron, Belt, Berry no one responsible papers might be lost. of Baltimore county, Berry of Prince George's, Mr. KENNARD. I did not suppose that the Briscoe, Brooks, Brown, Carter, Chambers, inquiry arose from any suspicion that we Clarke, Cunningham, Cushing, Daniel, Davis intended to reflect upon any member of the of Washington, Dennis, Duvall, Earle, Ecker, Convention. Edelen, Gale, Galloway, Greene, Harwood, Mr. BERRY of Baltimore county. I merely Hatch, Hebb, Henkle,. Hoffman, Hopkins, desired an explanation of what it meant. At Hopper, Jones of Cecil, Jones of Somerset, the first blush, I did not see the object of the Keefer, Kennard, IKing, Lansdale, Larsh, rule. I am satisfied. Mace, Marbury, Markey, McComas, Mitchell, Rule 37th being under consideration, Miller, Morgan, Mullikin, Murray, Negley, iMr. THoMAs moved that *the Convention Nyman, Parker, Parran, Peter, Pugh, Purnell adjourn. Robinette, Russell, Sands, Schley, Schlosser, The yeas and nays were ordered; and the Scott, Smith of Carroll, Smith of Worcester, question being taken the result was-yeas Sneary, Stockbridge, Swope, Sykes. Thomas, 37; nays 16-as follows: Thruston, Valliant, Wickard. Wooden —74. Yeas — Messrs. Greene, Hebb, Wickard, The qualifications of the Rev. Messrs. Isaac Miller, Harwood, Henkle Hatch, Abbott, M. Patterson, E. D. Owen, and H. C. Cushing, Thomas, Berry of Baltimore county, McNamar, chaplains elect of the Convention, Ridgely, King, Pugh, Turner, Mitchell, Todd, were presented and ordered to be filed. Carter, Noble, Schlosser, Hopper, Hopkins, The PRESIDENT announced the following Sands, Sykes, Lansdale, Peter, Clarke, A or- additions to the committees named, in acgan, Gale, Horsey, Negley, Mayhugh, Davis cordance with an order of the Convention: of Washington, Sneary, Smith of Worcester, On the Committee on the Basis of ReprePurnell, Mutrraty-37. sentation-Messrs. Greene and Carter. Nays-Messrs. Goldsborough, President; On the Committee on the Legislative De. Robinette, Kennard. Stockbridge, Stirling, partment,-Messrs. Stirling and Mullikin. Parker, Ecker, Jones of Cecil, Earle, Scott, On the Committee on the Elective Franchise McComas, Russell, Marbury, Mullikin, Dellin- and Qualifications of Voters-Messrs. Noble ger, Nyman-16. and Russell. So the Convention adjourned, to meet on The PRESIDENT also announced the following Wednesday next under the order adopted officers, in accordance with orders of the yesterday. Convention. 92 Revising Clerk-John McGarigle. ferred to the Committee on the Elective FranLamplighter-John T. Wright. chise-agreed to. Hall-keeper-John Sullivan. Mr. VALLIANT. The Committee on ReportPages-Caleb Parker, Charles O. Isaacs, ing and Printing have a report to make John A. J. Metcalf and Melancthon Dodson. upon several subjects which have been reADDITIONAL PAGE. ferred to them. There are three or four orders Mr. GALLOWAY submitted the following: connected with the report, which will require Ordered, Thit Harold Wingatebeappointed the action of the Convention. I do not know by the President an additional page to this whether or not this is the proper time to subConvention. mit the report Mr. SANDS.,I would like to enquire what Mr. PRESIDENT. The unfinished businesssnecessity there is for an additional page. If the report of the Committee on Rules-is now there is any such necessity I will vote the in order. additional page; if not, then I shall vote RULES OF THE CONVENTION. against it. I only ask for information upon The consideration of the Report of the Comthe subject. mittee on Rules was resumed, and Rules 38, Mr. GALLOWAY. From what I have seen 39, 40, 41 and 42 were read, and -no amendduring the sessions of this Convention, I am of ments offered. the opinion that an additional page is re- Rule 43, as reported was then read. quired, for I have frequently seen members Mr. STOCKBRIDGE. I would like to make compelled to wait for some time before a page an inquiry in reference to this rule. It now could reach them to take an order or other reads: " On the final passage of any subject paper to the Secretary's table. This young matter" &c. Of course many of the article$ man has been here during the whole ses- which will be reported now by the different sion of the Convention, and has been very Committees may contain more than one subprompt in attending to the business of the ject matter. For instance, the report of the C(nvention. Taking these things into con- Committee on the Judiciary, it is fair to supsideration, I have offered this order, and pose, will have a provision in relation to the hope the Convention will adopt it. Court of Appeals, another for the Orphan's Mr. BERRY of Baltimore county. The ob- Court, and so on in reference to other Courts; jection I have to the order as offered is that each being a distinct subject matter. The the gentleman from Harford (Mr Galloway) question I wish to propound to the Commitnames the party to be appointed. I think the tee on Rules is, whether it is intended to take appointment should be left to the President. the yeas and nays upon the report of any If the:order is so changed, I have no doubt committee as a whole, or upon each of the the gentleman can secure his object by signi- subject matters contained in the report. fying his wishes to the President. Mr. KENNARD. My understanding of the Mr. GALLOWAY. I have no objection to so matter is that the yeas and nays are to be modify the order, as to leave the appointment taken upon any subject matter that comes to the President, and will do so. before the Convention, whether it be an artiMr. HEBB. My objection to the order is cle, proposition, or resolution. It does not that I do not think we need an additional follow that it shall embrace an entire report. page. Certainly four pages are sufficient for Mr. CLARKE. I will state in reference to a body like this. this rule that, from the discussion in the The question occurred upon the order as committee, my idea was this, and I supposed, modified, and being taken, upon a division, the rule would be so drawn: that reports of the order was rejected —yeas, 25; nays, 37. committees when brought in should be diOn motion of Mr. CUSHING, vided into different heads. For instance7 the It was ordered to be entered on the Journal report of the Committee on the Judiciary that Mr. Stirling, of Baltimore city, and Mr. would be divided into the heads of "Court of Ridgely, of Baltimore county, are detained Appeals," "Circuit Court," &c., each havfrom their seats in the Convention by sick- ing a separate distinct head, and each head ness. embracing but one subject matter, the vote Mr. PURNELL submitted the following order: being taken by yeas and nays upon the adopOrdered, That the Committee to consider tion of each subject matter. and report respecting the Elective Franchise, Mr. STOCKBRIDGE. My purpose in calling inquire into the expediency of inserting into attention to this matter was to have the rule the Constitution a provision allowing any so explicit that hereafter there may be no qualified voter, who may happen-to be in any misunderstanding as to what is meant by it. other county situated in the district in which The President, of course, must understand he resides at the time of an election, the at what point in the consideration of privilege of voting for any district officer; a report the yeas and nays are to be and that all such qualified electors be per- called. We all know how it is in the case of mitted to vote anywhere in the State for a bill before the Legislature; the yeas and State officers. nays are always taken upon the bill as a Mr. PURNELL moved that this order be re- whole; isever in any other place as a mat 93 ter of course, but only when specially de- portion of the rule, for I regard it as the manded in accordance with the rules. Now, great safeguard of our action here. if it is meant that the President shall exer. Mr. THRUSTON. There must be 50 members eise his discretion and say —' This part con- present in the Convention to constitute a stitutes one subject matter, and the yeas quorum. But when there is a quorum presand nays must now be called upon this," ent, the majority of that quorum should be and then go on with the balance of the report, sufficient to decide whatever question may be and then say-" this constitutes another before the Convention. And if the amendsubject matter, and the yeas and nays must ment I propose be adopted it will be necessary be called upon this, "-if that is meant, [ to go back and amend the 42d Rule in a simiwant to have it so understood in adopting lar manner. I mention this now, in order the rule. If it means that the entire article that those voting upon this amendment may shall be considered a subject matter, and the understand that it will be necessary to amend yeas and nays be called upon that without a the 42d' Rule to the same effect. I trust the formal demand, then let us so understand it. amendment will be adopted, because I think In order to make the rule more explicit, I that when there is a quorum present the will move to amend it by striking out the majority of that quorum should be sufficient words " final passage of any subject matter," to decide anything before this body. and inserting the words "adoption of any Mlr. SANDS. I shall favor the adoption of article." The rule will then read-"-the the amendment, because I think any other question on the adoption of any article shall construction of the intention of those who always be determined by yeas and nays, framed the act under which this Convention which shall be recorded on the journal," &c. is called is not in accordance with sound Mr. KENNARTD. I will ask the gentleman principles of construction. Those who framed from Baltimore city (Mr. Stockbridge) what that act provided expressly that it should will become of resolutions if his amendment require 50 members to transact business. should be adopted? It may sometimes be the The gentleman from Prince George's (Mr. pleasure of the Convention to call the yeas Berry) states that according to his construeand nays upon resolutions. tion of the act 49 votes are required for the Mr. STocIBRcIDGE. There will be no diffi- passage of any provision of the Constitution culty, in that case, for it is in the power of we may desire to adopt: that is, that the the Convention to cll the yeas and nays at Convention should make it a rule that 49 any time; that is provided for in another rule. out of 50 members shall endorse each menThis rule simply indicates a point at which sure before it shall be adopted by this Conthey shall be called, as a rule of the Conven- vention and be submitted to the people of tion. this State for their sanction. Now I do not The question being taken upon the amend- so understand that act. I believe that when ment of Mr. Stockbridge, it was agreed to. the Legislature provided that 50 members Mr. THRUSroN moved to further amend should constitute a quorum for the transacRule 43 by striking out at the close, the fol- tion of business, it was clearly meant that that lowing: quorum should have all the powers necessary "And unless it shall thus appear that a to render their action effective. I think the majority of the whole number of members clear legal rule is that when a right is elected to the Convention have voted in the expresslyand clearly conferred all powers affirmative, the subject matter voted on shall for the execution of that right are intended to be declared rejected." be conferred also. Is it reasonable to suppose Mr. BERRY of Prince George's. I hope that the Legislature in providing for this that amendment will not be adopted. There Convention intended to require that 49 votes are 96 members elected to this Convention, 49 out of 50 should be given in favor of any of whom constitute a majority of the whole one subject matter, before it could become a Convention. The bill under which this Con- part of the Constitution we have been called vention assembled provided that not less than together to frame? I have heard of a two50 members shall be a quorum. If this por- thirds rule, and in some instances of a threetion of the rule under consideration be stricken fourths rule; but I never before heard of a out, then a bare majority of the members forty-nine-fi'tieths rule. Now believing that present may at any time adopt any article is was the object of the framers of the bill of the Constitution to be framed by us. I am under which we have been called together to sure it was the object of the framers of the give us all the powers necessary to enable us bill under which this Convention was as- to facilitate the transaction of the public bussembled that the Constitution to be framed iness; and believing that the construction by us should receive the votes of a majority contended for by the gentleman from Prince of all the representatives of the people in the George's (Mr. Berry) if adopted would be a Convention. And I do not t'hink we ought manifest hindrance of that public business, I to depart from the rule fixed by the bill itself, shall vote for the amendment. a rule which is eminently just and proper. I Mr. BERRY of Prince George's. I think the hope this Convention will not strike out this gentleman from Howard (Mr. Sands) a little 109 ehange in the laws he comes here with his Does this give them an additional jurisdicproposition and presents it to the Conven- tion? The Constitution provides that the tion, I do not think it should be therefore jur isdiction that they have may be changed referred to one of our committees. We are by the Legislature, but it does not allow the here for the purpose of establishing the fun- Legislature to extend their jurisdiction. The damental and organic law of the State; and provision of the Constitution will not adif we are to prescribe the powers of the legis- mit of the construction placed upon it by lative, judicial, and executive branches of the the gentleman from Calvert (Mr. Briscoe.) government, go into all the details of those They have no such power under the law. powers, T doubt whether we shall be through They have no such power under the Constiour work before the end of the year. I have tution. The object of the order of the genno disposition to be captious when any gen- tleman from Frederick is to extend their powtieman offers a proposition for a mere inquiry, ers, so that when an executor shall die vestbut I want this question settled; for if gentle- ed with power under a will to sell real estate, men are'to be allowed to come here day after it may not be necessary to make application day and ask committees to consider the expedi- to Courts of Equity in order to carry out the ency of adopting propositions which properly view of the intestate. belo-ong to the Legislature I think we shall be Mr. SaNDs. I still entirely agree with my unnecessarily cumbering our journal. As to friend from Prince George's (Mr. Berry.) in the question of exlense I shall not speak of his view of the law. that, for it is not proper to talk about that The order was agreed to. now. I only wish now to show my friend I-MICGRATION OF FRI E NEGROES AND MIULATTOES. from Prince George's that he is wrong about Mr. CLARKE. Before the order is read this. I know very well that the Legislature which I propose to offer, I desire to say with has this power, and h as excrrcised it, and my reference to the remarks of the gentleman friend the chairman of the Judiciary Com- from Calvert (MIr. Briscoe) that the subject mittee, (Mr. Chambers) will testify that the embraced in this order may be considered by Legislative department has always exercised some a matter of legislative power. It may that power. It would be a very strange embrace, to a certain extent, matter which circumstance if it were not to exercise the has been heretofore a subject of legislative power to regulate the jurisdiction of the action. But, as I understand, it is perfectly court. I do not say this to consume the time competent for a sovereign convention to say but merely to say that we establish a very whether they will regulate the matter by orbad precedent if we cumber the committees ganic law or leave it in the power of the with such orders as this. While as a men - Le(islature to regulate it hereafter. The ber ofa committee I would not seek to avoid present Constitution embraces matters which the labor merely, I think we ought not to are sometimes left to mere legislation, as with impose upon the committees the considera- reference to usury, a subject which might tion of too many subjects at a time. have been left to the legislative department Mr. CHAsBERas. I will merely say to my but which it was thought proper to fix in the friend that I am not the chairman of any Constitution. So in respect to the creation committee. of a public debt, &e. This proposition ermMr. BERaa of Prince George's. I still in- braces a matter which has been heretofore a sist that I am rioht, and that the Orphans' matter of State legislation, but which I deCourt has no such power as that which it sire shall be submitted to the conideration is contemplated by the order of the gentle- of the proper committee to be incorporated man from Frederick (AMr. Markey) sheall e in the organic lawv. given to them. I think my friend fiom Cal- With reference to the propriety of offering vert (Mir. Briscoe) read this article of the such propositions, I will say that many of us Constitution with very little effect in making are members of one or two committees, and the allegations he made as to the powers of have no opportunity of knowving what is the Orphans' Court. I will read it now and going on in other committees at all; and algive my construction of it: though the committees are very competent to " TheS shall have all the powers now vest- take charge of the subjects committed to them ed in the Orphans' Courts of this State." for investigation, yet it may so happen that a What were the powers vested in the Or- gentleman may have a proposition which he phans' Courts of this St-te at the time of the wishes passed upon by some other committee; adoption of the Constitution? and I think it not improper that he should They lbad the general supervision of the es- offer such a proposition and refer it to the aptates of deceased parties, and the general su- propriate committee, which will give him an )ervision of the estates of mlinors. These opportunity of having his views passed upon. were the principal duties confided to the Or- I offer the following order: phans' Coturt when this Constitution was Ordered, That the Committee on the Legisadopted. It proceeds: lative Department be instructed to inquire -t sabject to such chlanges therein as the into the expediency of inserting the followLegislature nay prescribe." ing articles int the Constitution 95 reverence for Constitutions and laws as almost Legislature. The 13th section of the article anybody, having been myself engaged for upon the legislative department, in the Cona good portion of my life in the administra- stitution under which we now live, and tion of the laws; and I will obey every which we shall continue until we supersede it law, whether constitutional or statutory, so by another Constitution, provideslong as it is upon the books. But if there is " A majority of each House shall constitute a bad or injudicious law now, and I have the a quorum for the transaction of business; but power to wipe it out, I shall most certainly a smaller number may adjourn from day to try to do so. This subject resolves itself day, and compel the attendance of absent simply into this; there being neither Consti- members in such manner and under such tutional nor statutory prohibitions in the way, penalties as each House may prescribe." what is the rule best calculated to further the Section 19 of the same article says: public business and the public interests? I say "No bill shall become a law unless it that, judging from the experience of this be passed in each House by a majority body-and we have been here only a cou- of the whole number of members elected, ple of weeks-if we require the votes of a and on its final passage the yeas and nays be majority of all the members elected to this recorded." Convention to pass any measure, we should And in my judgement that is one of the find it an almost impossible thing to pass any wisest provisions that the Convention of measure now. If ybu require 49 votes out 1851 adopted. The continual alteration of of 50 upon any one subject, my word upon the laws is one of the evils of the day to it, you will require more votes than, accord- be provided against. When a law is once ing to my recollection, have been cast in the passed and understood, it should not be affirmative or negative upon any proposition changed unless the change can command the submitted to this body. I do not remember approbation of at least a majority of those any subject, except the one tendering our elected to the Legislature. In regard to the thanks to our soldiers in the field that has occasional slim attendance and slim votes of received 59 votes-and I know very few sub. the past two weeks, it is not to be supposed jects that can receive that vote. that such will be the case when the imporWe are simply to make such rules as tant business of the Convention has been prein our best judgment will most facilitate the pared by the committees and submitted by proper transaction of the business we have them to the consideration of the house. But before us, and believing that I can trust to up to this time there has been nothing, aside the fairness, honor, and integrity of a ma- from the adoption of a few orders, &c., but jority of the members of this House, I do not to meet and adjourn. And members, having wish to see it tethered or bound by any important business elsewhere, have not felt merely techinical rules which will only hin- compelled to be present here before any of der the transaction of the public business, the important business of the Convention MIr. JONES of Somerset. I agree with my has been reported upon by some of the comfriends upon the other side that this question mittees. addresses itself to every sense of expediency I think the Committee on Rules have reand justice in this Convention. It is true ported a very wise and judicious rule in relawe are bound by no Constitutional restric- tion to the adoption of articles of the new tions; and there is nothing in the act calling Constitution; that no article ought to be this Convention which binds us to adopt the adopted by us, as it could not be with the rule reported by the committee: nor is hope of meeting the approbation of the there anything which prohibits us from people, if it cannot command the votes of a adopting the amendment which has been pro- majority of the members elected to the Conposed. But the question presents itself to us, vention. I hope, therefore, the Convention as members of a Convention to frame a Con- will adopt the rule as it has been reported by stitution which is to be submitted to a vote the Committee. of the people, whether a Constitution, any of Mr. HEBB. I hope the amendment offered the articles of which could not command in by my colleague (BMr. Thruston) will prevail. this Convention the votes of a majority of all I do not like to cite the proceedings of the the members elected, will be likely to receive last Convention as an example fo be followed the approbation of a majority of the people here. But it will be found that the last vote of this State. That is a consideration for us. taken upon the Constitution in that ConvenAs to the supposed inconsistency in the act tion gave but 40 votes in the affirmative out calling us together, authorizing 50 members of more than 100 votes; and nine-tenths to constitute a quorum for the transaction of of all the articles went into the Constitution business, and this rule proposing that a ma- by the votes of only a majority of the memjority of all the members elected shall be hers present. Now the rule of the House of inquired to pass upon any article of the Con- Dele'ates to which reference has been made stitution to be adopted, there is no incon- is an exception to the general rule. It was sistency in that, The same provision exists made in conformity to the Constitution of in the present Constitution in regard to the the State of M.aryland, which in that respect 96 is an exception to the ordinary rules of par- But if the members of that Convention had liamentary practice. The Constitution of the been bound by the same rule by which it is United States says that a quorum of each now proposed to bind the members of this House of Congress shall consist of a majority Convention, we should have then had a much of those elected; but it does not restrict the better organic law than we now have. The members of the Senate and the House of Re- gentleman is in this dilemma: he must either presentatives from passing any law by a give up the rule adopted by the last Convenmajority of the members present. tion which brought about this evil state of Mr. VALLIANT. Though a member of the things, the present defective Constitution; or committee making this report, this rule did else he must adopt a rule which will guard not receive my hearty concurrence. I am against defects in the future. glad the proposition to amend has been made, Mr. ABBOTT. I shall vote in favor of this and I shall vote for the amendment. The amendment for the simple reason that no meaCongress of- the United States, in making sure adopted by this Convention can go into rules for its government, has seen* fit to effect as a part of the Constitution of this adopt a rule precisely the same as Rule 43 State until the people shall have ratified it will be if the proposed amendment be adopted by their votes. But it is very different with And I have very great respect for the judg- acts passed by the Legislature, for they go ment of the Congress of the United States, into effect immediately upon their passage. particularly when succeeding Congresses Therefore, if I was in' the Legislature I have determined that that rule is a proper should vote for the adoption of a rule rerule. It is provided in Articles5 of the Con- quiring the votes of a majority of the memstitution of the United States, that Congress, bers of the Legislature to pass any law. whenever two-thirds of both Houses shall Mr. CLAunE demanded the yeas and nays deem it necessary, may propose amendments upon the adoption of the amendment, and to this Constitution. And I suppose the they were ordered. Congress of the United States considers The yeas and nays being then taken upon nothing of graver importance than amend- the amendment of Mr. Thruston, they rements to the Constitution of the United suited as follows: yeas 34, nays 41. States. And yet under the rule of Congress, Yeas-Messrs. Abbott, Annan, Audoun, similar to this 43d rule, as proposed to Baker, Barron, Brooks, Cunningham, Davis be amended by the gentleman from Allenany of Washington, Ecker, Galloway, Greene, (Mr. Thruston,) a minority of the members Hatch, Hebb, Hopkins, Jones of Cecil, Keefer, elected to Congress may propose amend- Larsh, Markey, McComas, Mullikin, Negley, ments to the Constitution of the United Nyman, Pugh, Robinette, Sands, Schley, States. And that is purely and strictly par- Schlosser, Scott, Snearv, Swope, Sykes, liamentary practice, and a practice I am in Thruston, Valliant, Wooden-34. favor of; and it has been the rule of the Nays-Messrs. Goldsborough, President; House of Representatives for a great many Belt, Berry of Baltimore county, Berry of years past. I remember particularly a deci- Prince George's, Briscne, Brown, Carter, sion under that rule in the latter part of Chambers, Clarke, Crawford, Cushing, DanFebruary, 1860, when Mr. Crittenden, I iel, Dennis, Duvall, Earle, Edelel, Gale, think it was, proposed an amendment to the Harvood, Henkle, Hoffmian, Hopper, Jones Constitution. A minority of the Senate of Somerset, Kennard, King, Landsdale, voted in favor of it; but that minority was Mace, Marbury, Mitchell, Miller, Morgan, a majority of the members present, and so Murray, Parker, Parran, Peter, Purnell, Rusthe proposition was considered as passed. sell, Smith of Carroll, Smith of Worcester, Mr. MARBURY. I do not rise to make any Stockbridge, Thomas, Wickard-41. extended remarks upon this subject. I will So the amendment was not agreed to. merely say that the argument used by the THE ORDER OF BUSINESS. gentleman from Alleghany county (Mr. The PRES[DENT announced that the hour Hebb) that a majority of the provisions of had arrived for the consideration of the spethe present Constitution were. adopted by the cial order for to-day, at one o'clock, being affirmative vote of less than one-half of the the report of the Committee on the Bill of members elected, will recoil upon himself. Rights. The majorityof the memnbers elected to this Mr. STOCKBInIDGE moved to postpone the Convention, were elected as favoring a change order of the day until after the Convention in the organic law of this State; they have had completed its action on the rules. come here for that purpose. It is presuma- Mr. DANIEL moved to amend that motion ble, therefore, that they must have seen some so as to postpone the order of the day until great defects in the organic law of the State, to-morrow at one o'clo(ck, as the chairman of or they never would have favored the call of the committee (Mir. Stirling) was absent. this Convention. Now it seems to me that if Mr. BERRY of Prince George's. I think, in this rule of the last Convention was defec- view of the importance of the measure, there tive, it may be held to have been the cause of need be no haste in taking up the special orall the defects in the present Constitution. der-the Bill of Rights. It contains several 97 very important provisions; several changes will not prevail. This report upon the Bill to be made in the Constitution during the of Rights is the only report from a commitsession of this Convention. I hope, there- tee now before this Convention, though we fore, it may be postponed until some day have now been here over three weeks. I next week. I move that it be postponed and think that if there are any questions which made the order of the day for this day week, have been considered, and considered for at one o'clock. I would suggest some ear- months past, they\ are some of the questions lier day next week, but our Church Conven- which arise in this report, and which these tion meets in Baltimore on Wednesday next, gentlemen, I know, want to debate. Now and several of our members are lay delegates it seems to me that my friend has stated the to that Convention, and would like to attend proposition somewhat improperly. He seems it. I, therefore, would prefer to have it to put it as ift' he was asking fbr time to dispostponed: until Thursday of next week and cuss these questions. That is not the point made the order of the day for that day, and to be now considered; but the point isI hope the majority of this Convention will when shall we begin to discuss them? The consent to that postponement. I think that effect of his motion, should it prevail, would as a matter of courtesy to the minority, the be to stave off the commencement of the disConvention should give ample time for each cussion. Now if we never commence, of member of this Convention to have oppor- course, we shall never get through. tunity for full and free discussion of this sub- This report has now been made about a ject. 1 trust the majority of this Convention week; it has been printed, and laid upon will consent to have this subject postponed to our desks, and every member has seen it, some day next week; say to Thursday. and had time to investigate it. The propoThen every member will have an opportuni- sition which I submit is simply to delay the ty to look into and ascertain the important commencement of the debate until to-morchanges in the present Constitution proposed row. As I have said on another occasion, I to be made by this report of the Committee want gentlemen to be fully heard upon this on the Bill of Rights, and will then be pre- subject. I admit that this report proposes pared to come here and at least offer such very material alterations, affecting the insuggestions to the Convention as he may terests of the people of this State, to a greater deem important-as to the propriety or im- degree perhaps, than any other alterations propriety of the proposed changes. which may be made, and I admit that we In matters of this sort, except so far as the should allow fair and full time for deliberapersonal inconvenience of members of this tion and discussion. But that question propConvention may be involved, I do not think erly comes up when we shall have comthat time should be regarded as material. menced the discussion. If these gentlemen We are making a Constitution not only for shall say they have not had an opportunity ourselves but for posterity also. We are to to be heard, they can appeal to the Convenform an organic law which in all probability tion to grant them full time to discuss the will be the organic law of the State for years question. But are we to sit here another to come, and in consideration of this fact I week and do nothing at all-to postpone the think that every member of the Convention commencement of the discussion of this subshould be allowed an opportunity to debate ject till this day week, and in the meantime every measure of importance which may be sit here, day after day, looking at each other, proposed; particularly any important chances and pass perhaps an unimportant order now which may be proposed in our organic law, and then? Not at all. I think the proper and should calmly and deliberately consider way to bring the attention of members to and discuss all those changes. If that oppor- this subject is to begin the discussion; and tunity is given to every member, then as a when you get members listening to each matter of course we shall discharge our du- other, and their attention aroused, then, and ties here, and can return home to our con- not until then, will they come properly to stituents with the proud satisfaction of know- the investigation of the subject, and prepare ing that we have performed our duty, no themselves for intelligent action upon it. matter how humbly that duty may have been The longer you put it off the longer will performed. I will myself at any time con- members delay to prepare themselves. sent as a matter of courtesy to the majority I think it is time for us to get to work, of this Convention to postpone any measure for we have much work before us before we so vital as this to any day that may suit conclude our labors. After we have got to their convenience, and as a matter of course work, if gentlemen want further time, it will I shall ask that the same courtesy may be ex- then be a question of appealing to the sense tended to the minority of this Convention. of justice of the majority here to allow them And I hope that as a matter of courtesy to full and ample time to discuss these questhe minority the majority will consent} to the tions. I was one of those who just now postponement I have proposed. voted to require a majority of the members Mr DANImL. I hope the motion of the elected to this Convention to incorporate any gentleman from Prince George's (Mr. Berry) provision into the Constitution, because I de 98 sire to place a safeguard about every portion that the motion to postpone until the Conof that Constitution. When it is submitted to vention shall have acted upon the rules is the people of the State for their ratification, the motion involving the longest time, and I want it to appeal to their judgment in such will therefore put the-question for it on that a way that they will have some respect for motion. our judgment, and know that it required at The question being then taken upon the least 49 or 50 members to put each aud every motion of Mr. Stockbridge, it was agreed to. article into the Constitution. But I do not nULs OF THES CONVENTION-RESUMED. Want the business of this Convention to be The Convention then resumed the considunnecessarily delayed. Already there are eration of the 43d Rule, which was declared complaints arising that we are sitting here to be still open to amendment. too long without doing the work we' were Mr. STOCKBR1aGE moved to amend the last sent here to do. Our citizens are constantly clause of Rule 43 by striking out the words asking members —" when are you going to "subject matter voted upon," and inserting get through?" And they are told by some "article;" so that the rule would readof their representatives that it will take us -" and unless it shall thus appear that a at least a month, perhaps six weeks longer majority of the whole number of the memto complete our labors, and if we do not com- hers elected to the Convention have voted in. mence soon it will take six months. the affirmative, the article shall be declared If there shall be any good reason why this rejected." report cannot be taken up to-morrow at one The question being taken, the amendment o'clock, I will go for postponing it still was agreed to. longer. But do not let us put it out of our No further amendment being offered to the power to take it up at thbat tilme by postpon- 43d Rule: nlug it to a week hence. The chairman of the The 44th Rule was then read, as reported committee who made this report [Mr. Stir- by the committee. ling) is not here to-day, and out of due Mr. STOCKBRIDGE. In order to make this respect and courtesy to him I move to post- rule correspond to Rule 43 as amended, I pone it until to-morrow, and if he shall not move to insert after the word "report," in be here to-morrow I will cheerfully go for a the fifth line, the words " or article;" so furtherpostponement. And when the time that it will read-'" but should a report or comes, if any gentleman in the minority on I article, on its final passage, be declared rethat committee shall not be here, or shall not jected," &c. be prepared to go on with the discussion of The question being taken on the amendthe subject, I will cheerfully consent to ment, it was agreed to. grant the same courtesy to him. But I do Mr. CusHING. I move to further amend want to have this Convention get to work; this rule, by striking out, after the word and I therefore must insist upon my motion." negative," in the eighth line, the words, Mr. KENNARD. I am anxious to have the "and no motion for consideration shall be rules completed and adopted, as preliminary postponed or laid on the table." to the business to which the gentleman from Iy object in proposing this amendment is Baltimore city (Mr. Daniel) has referred. to cut off the indefinite number of' motions I, therefore, call for the previous question. for reconsideration; so that should the ConThe call for the previous question was vention desireto cut off motions to reconseconded, and the main question ordered. sider, by laying them on the table, it will The PRESIDENT stated the first question to have the power to do so. be upon the longest time, being the motion of Mr. Pouts. I feel like objecting the.Mr. Berryv of Prince George's to postpone the proposed amendment, for the ieason that we order of the day until Thlrsday of next week, have already provided, by Rule 43, that every at one o'clock. article of the Constitutioni shall receive the The qui-est~ion being taken the motion was affirmative votes of a majority of the memnot agreed to. bers elected to this Convention. Now it Mr. STOCiBRIDso. The motion I submitted may happen that we shall want a reconsidersation after we have adopted an article, or a was to postpone the order of the day untiltiun after we have adopted an article, or a was to postpone the order of the day until { otion; we may want it tw~o or three times. the Convention shall have completed its ac- That is my ob wajection to the proposed arnendtion upon the report of the committee on the is my objection to the proposed amendrules. The gentleman from Baltimore city MIr. CsnaNG. If the majority want a re(Mrl. Daniel) moved to amend my umotion so consideration they can vote down the motion as to postpone until to-morrow at one o'clock. to postl)oe, or the motion to lay on the taI suppose the ques:ion now recurs upon the ble. The amendment I propose still leaves amendment to my motidn. it in the power of the majority to do what it The PRESIDENT. The question should be pleases. But, according to the rule as refirst taken upon the motion involving the ported, the majority may vote down a longest time. It is a little uncertain which motion to reconsider forty times, and the motion that is. But the Chair will assume motion can still be renewed. But as I pro pose to amend the rule, if the majority If motions to reconsider must be voted upon wishes a reconsideration, aid a motion to at the time they are made, members will not postpone, or to lay on the table, is made, it make such motions unless there is some probcan vote that motion down. I think it leaves ability of carrying them. But if you stiike the question of reconsideration entirely with- out this clause, then a member can make a in the power of the majority. motion for reconsideration, and if' he thinks Mr. PUGH. I do not think the gentleman's he cannot carry it then, he will move to postexplanation removes my difficulty at all. I pone it, or lay it upon the table, to be taken suppose the Convention might vote upon mo- up when it can be carried. This clause is tions for anything indefinitely. There may intended as a check upon such motions. be constant motions to adjourn and we may Mr. SANDS. I do not see how the rule is keep voting upon them and rejecting them. going to operate as the gentleman from Prince But suppose some article is submitted to the George's (tMr. Clarke) seems to think it will Convention and is voted upon, but does not operate. Suppose a motion is made to-day to receive in its favor the votes of a majority of reconsider, and I know there is not a mathe members elected to the Convention, jority present in favor of that motion-could though it may receive the votes of the ma- not some mnember, under this rule, immedijority of a quorum. We may afterwards ately move to postpone the reconsideration want to recons:der the vote by which that ar- until to-morrow, or until the Sergeant-atticle was rejected; we may want to reconsider Arms can be sent out to hunt up and bring it several times. in delinquents? Eut if no postponement is Mr. CUSaING. How does my amendment to be allowed, what will be the effect? Why, deprive the Convention ot the power which that immediately upon a motion to reconthe gentleman desires? I do not see how it sider being made we must vote upon it, aldoes. though we are in the same minority we were Mr. SANDS. I would like to understand in the day before. I may be in error in my what is to be the effect of the proposed amend- views, but that seems to me to be the effect ment. The rule now reads-'" and no mo- of striking out this clause of this rule. tion for reconsideration shall be postponed Mr. CLARKE. The gentleman from Howor laid on the table." How is the amend- ard (Mr. Sands) does not seem to understand ment to work practically? Suppose there my pointbat all. My point is this: that if you are but 50 members of the Convention voting cannot move to postpone, or to lay on the at one time upon any proposed article of the table, a motion to reconsider, then members Constitution, and but 48 votes are given for of the Convention will not take up the time it; that is not enough, and the article is de- of this body by motions to reconsider until clared to be rejected. Afterwards we may they see they can probably be carried. This want to reconsider, when we have sent out restriction upon the power of the Convention the Sergeant-at-Arms, (of whom we heard so to postpone and to lay upon the table, will much talk when we were discussing the pro- force members to ascertain the condition of position to remove to Baltimore city,) to the House before they bring forward motions bring in members enough to make up the re- to reconsider. If they find they cannot carry quisite majority. But how are we to finish such a motion, they will not take up the the business of the Convention unless we are time of the Convention by submitting such at liberty to move reconsiderations whenever a motion for its consideration; but they will we find the proposed reconsideration can be wait until they think it can be carried. The made actual and effective? It is not to be object of this clause is to prevent those mosupposed that 50 members of this body are tions being made when no practical result going arbitrarily, and for no purpose what- can be obtained. ever, to call for constant reconsiderations. Mr. CUSsIING. The gentleman from HowThe idea of the gentleman seems to be based ard (Mr. Sands) argues against my motion to upon the supposition that the majority of strike out on the ground that the rule as it this Convention are going to busy themselves now stands gives him the power to move a by making constant motions for reconsidera- postponement of a motion to reconsider. But tion, when there is no use for such motions. the rule as it at present stands entirely preThis rule, as it stands now, it seems to me eludes that, and I move to strike out this simply permits us, if a vote upon any article clause in order, if he wants a reconsideration, or section is not satisfactory to a majority of and finds he cannot carry it at the time the thisbody, to reconsider that vote whenever motion to reconsider is made, to give him the such reconsideration can be made actual and power to let the motion lay over until such effective. It does seem to me that in adopt- time as it may be carried. The gentleman is ing many of these amendments we are strip- working against the giving power lo himself. ping ourselves entirely of the power to do the For the first time I find the magnanimity on his business of this Convention. part of' refusing power which it is proposed. Mr. CLARKE. The reason for the addition to confer upon him; and for the first time of this clause to the rules was this: to place I find the gentleman of the minority worka check upon motions for reconsideration. ing with him. 100 Mr. SANDS. I am glad the gentleman finds cause it is in accordance with the progress of the gentleman from Prince George's (Mr. the age. The members of the House of ReClarke) and myself working together at last. presentatives are called alphabetically, and I Mr. CLARIE. I think the gentleman and see no reason why we should not be. Our myself still differ entirely, and I think the names were called alphabetically this morngentleman from Baltimore city (Mr. Cushing) ing by the Assistant Secretary, and it was does not understand either the position of the perfectly satisfactory to the members of the gentleman fromn Howard (Mr. Sands) or of Convention. I think the rule oueht to stand myself. as reported by the committee. The amendThe question being then taken upon the ment of the gentleman from Howard county, motion of Mr. CUSHING to strike out, it was (iM\r. Sands,) I am of opinion, defeats itself. not agreed to. If my understanding of its reading is corMr. PARRAN. I think the phraseology of rect, it proposes an alphabetical arrangement this rule might be somewhat improved by of the delegations from each county, as they changing the order of the words, and I there- stand, as such, which would amount to fore move to strike out the words " at any nothing more than calling their names protime thereafter," and to insert the same after miscuously. Hence, if the rule as reported, the words "' shall be in order." be not adopted, the Convention may as w'ell The amendment was agreed to. adhere to the old custom of calling the delRule 48th having been read, egations by counties. But I much prefer the Mr. SANDS said: I move to strike out the calling of the names of the members alpharule as reported and to insert: betically, because it comports with the spirit "Upon calls of the Convention, or in tak- of the age, and is more convenient. I should inug the yeas and nays on any question, the judge from the fact that the names were thus names of the members shall be called by called this morning, that the Secretary, under counties in alphabetical order." the expectation that we should adopt the I offer this because if arranged alphabeti- rule, had had the list of names printed in that cally the delegations are divided and very way. frequently members will miss the call of their Mr. SANDS. I did not suppose we could names; but when called by counties the call make an alphabetical call which would corof one member from a county is a notifica- respond to the list by counties at all; but I tion to each of the others that his name is merely desired that the counties should be near at hand. I simply desire that we may alphabetically arranged, beginning with vote by counties. Anne Arundel. Mr. JONES of Somerset. It has been uni- Mr. PETER. I think, as a matter of conformly the rule here, I believe, in Convention venience, the order of the names should reand in legislation, to call by counties, and main as it is; because if alphabetically this rule is a departure from it. Certainly arranged, we can at once determine how it seems more convenient that a delegation near we are to voting, by merely referring should be called together than that their to the list, but if arranged as proposed by names should be called alphabetically, so the gentleman from Howard, this would be that they may answer at one time, and call- very difficult, unless in the list each county ing one may notify others of the delegation were to be stated. and save the necessity of calling their names Mr. BERRY of Baltimore county. With a second time. I hope we shall continue to the provision that the name of the President call by counties, as we have heretofore been in is to head the list, an amendment which I the habit of doing. will propose, I like the rule for one reason Mr. DANIEL. The lists have all been printed assigned by the gentleman from Baltimore in this way, and I see no difficulty arising city, (Mr. Kennard,) and to which the genfrom calling one member of a delegation at tleman from Howard has referred this mornone time and another at another time. It ing, that it is an established rule or custom seems to me most convenient to call the in Congress. I think it has another advannames in alphabetical order. Members can tage, in its present form, that it makes consult together as well as now, to determine gentlemen think for themselves, and not which way they will vote. catch the answer of the first one on their Mr. SANDS. The fact that the rules have delegation, as I know has been the habit been printed as they are does not interfere very frequently in our Legislatures. I think with our adopting this amendment. We that is the strongest reason that can be adhave already changed them in other respects,; dided in favor of this, that it allows gen'tleand we can change them in this provided it men to think for themselves, and vote for effects a public good, and I believe it does, themselves, and not come in and say-How for the reason suggested by the gentleman did so-and-so vote? and follow his lead. I from Somerset (Mr. Jones) that a call of one am decidedly in favor of the rule, heading member is a notification to other members. the list with the name of the President. Mr. KENNARD. We should adhere to the Mr. HRBB. The gentleman cites the action rule,, if there were no other argument, be- of Congress with regard to this amendment, 101 but the rule adopted by Congress did not question without any notice whatever, and suit him upon the other question; and that we may be compelled to deal with questions was one reason why I supposed the other without any previous knowledge of them, proposition would be carried, because it was which could not be done under the standing a rule of Congress. The principal reason rules. If the amendment is adopted as I why I favor the amendment is that the coun- propose, that the Rules shall not be suspendties vote together, and the first name called ed without a two-thirds vote, it will still be reminds all the other gentlemen of that dele- in the power of any gentleman who does not gation that it is time for them to vote; but like the rules to offer an amendment to change if they are called alphabetically, the answers the rules. We shall then understand what will come from that side and this side, that the change is to be, and the next day the corner and this corner, and it will be difficult majority can so modify the rule, if they for a delegate to recognise his name, unless choose. To require two-thirds of the mempaying especial attention to the call of the bers present to suspend the Rules is a saferoll. I suppose the Secretary had this list guard which is given in every legislative printed in alphabetical order because he ex- body; and unless adopted we are exactly in pected this rule would be adopted here; but such a position that we might as well have he will have them printed in the other order no rules whatever. if instructed to do so. Mr. BERRY of Baltimore connty. I move Mr. BERRY of Baltimore county. I did to amend by striking out the word present, not quote the rule of Congress exactly be- and inserting the word " elected." cause it suited myself, but as the gentleman Mr. CLARKE accepted the amendment to the applied it in the former case I certainly sup- amendment. posed he would fall into it in the second. The amendment as modified was rejected. The amendment was rejected-ayes 32; Mr. CLARKE renewed the amendment in its noes 33. original form; and demanded the yeas and Mr. BERRY, of Baltimore county, moved nays upon its adoption. to insert after the words "the names of the The yeas and nays were ordered; and the members," the words, "beginning with the question being taken the result was-yeas 26; President." nays 46-as follows: The motion was agreed to.:Yeas —Messrs. Goldsborough, President; Rule 49th having been read, Berry of Prince George's, Briscoe, Brown, Mr. CLARKE said: To that rule IT offer the Carter, Chambers, Clarke, Crawford, Daniel, amendment on page 58th of the Journal, at Dennis, Duvall, Earle, Edelen, Gale, Harthe close of the rules to adopt in lieu of Rule wood, Henkle, Jones of Somerset, Lansdale, 49th the following rule to be inserted as Rule Marbury, Mitchell, Miller, Morgan, Parran, 49th: Peter,. Pugh, Scott-26. "The Standing Rules of the Convention N ays —Messrs. Abbott, Annan, Audoun, shall not be suspended except by a vote of at Baker, Berry of Baltimore county, Brooks, least two-thirds of the members present." Cunningham, Cushing, Davis of WashingThis amendment is in its words precisely ton, Ecker,'Galloway, Greene, Hatch, Hebb, like Rule 51 of the House of Delegates, which Hoffman, Hopkins, Hopper, Jones of Cecil, is this: Keefer, Kennard, King, Larsh, Mace, Markey, No Standing Rule or Order shall be re- McComas, Mullikin, Murray, Negley, Nyman, scinded or changed without one day's notice Parker, Purnell, Robinette, Russell, Sands, being given of the motion therefor. Nor Schley, Schlosser, Smith of Worcester, Sneashall any Rule be suspended except by a vote ry, Stockbridge, Swope, Sykes, Thomas, of at least two-thirds of the members pre- Thruston, Valliant, Wickard, Wooden-46. sent." So the amendment was rejected. By referring to Rule 55th reported by the Mr. JONES of Somerset moved to amend Committee, it will be seen to embrace the the rule by striking out the word:'present" first sentence of this rule: and inserting the words "elected to this Con"No Standing Rule or Order shall' be re- vention." scinded or changed without one day's notice The PRESIDENT ruled the amendment idenbeing given of the motion therefor." tical with that of Mr. Berry, already voted I would simply suggest with reference to upon, and therefore out of order. Rule 49th, as reported by the Committee, Mr. MILLER. I move to amend by insertthat if that be adopted we may as well have ing' three-fifths of," so as to read "threeno rules at all. It places it in the power of a fifths of the members present." majority of the members at any time to sus- Mr. CLARKE. 1 understood the amendment pend the rules. In other words there is no voted upon to be an amendment to my protection, no understanding of the regular amendment, on page 58; whereas the gentleorder of business, no knowing what is to man from Somerset moves an amendment to come up in the Convention. Reports of the rule itself, on page 55. Standing Committees, or Unfinished Business The PRESIDENT. That is correct. The momay be properly in order under this standing tion of the gentleman from Somerset (Mr. rule; but a bare majority can take up any Jones) is in order. 102 Mr. MILLER. I move to amend the amend- jection is made, then a majority of the memment by inserting "three-fifths," so as to bers shall decide upon the question of enread "three-fifths of the members elected to grossment; after the engrossment of a report this Convention," instead of a majority. I is ordered, the Secretary shall have the same think there ought to be some restraint upon printed as engrossed." the power of the majority of the members to When the question is put upon engrossing change the rules. The Convention has de- the report for a third reading, there mnight be cided that two-thirds is too large a number; objection, and it is not clear, and the House and I think that three-fifths might be very might be unable to determine what to do. properly considered as giving a sufficient sta- The other portion of the amendment was bility to the rules as adopted. suggested by my colleague (Alr. Stirling) Mr. KENNARD. If the amendment should who stated that when bills were ordered to be adopted it would require 58 members to be engrossed it had not been the custom acsuspend the rules. tually to engross them or to have them The amendrment to the amendment was re- printed with the amendments adopted upon jected. the second reading. It is to meet this that I The question recurred upon the amendment offer the second branch of the amendment. moved by Mr. JoNES of Somerset. Mr. BERRY of Baltimore county. I should Mr. BERRY of Baltimore county. Before like to understand what the chairman of deciding that question, I simply desire to the committee means by the w(,rd " engrosssuggest. the very great importance of this mat- ment." I know that it is the established parter. I understand the rule to be now that the liamentary custom that when a bill is enrules may- be suspended by a majority of the grossed the Convention or legislative body House. I am by no means satisfied that the has no control over it. It is the written law. political majority of this House will always I want this to be understood before we act be present. There may be a time when the upon it. political minority may be in the majority. It Mr. KENNARD. My colleague stated that is to guard against any difficulty of that kind when a bill had been ordered to be engrossed that I think it right and necessary-and I ask it had not been the custom for that bill to be gentlemen here carefully to examine it-to brought before the body in a printed form require that a majority of the members elected with the emendations of the second reading. to this Convention shall be required to sus- The object of my amendment was to meet pend these rules. that difficulty. I may not have framed it in The amendment was rejected-ayes 30; the most satisfactory manner, but this was -noes 36. what I intended to provide for, that when Mr. STOCKBRIDGE moved to strike out the ordered to be engrossed the reports should be words " a majority," and to insert the words re-written and printed. " three-fifths." The PRESIDENT. It was the impression of The amendment was adopted-ayes 37; the Chair that when a bill was engrossed, it noes 35. was placed on file and it was not in order Mr. JONEs of Somerset. I would suggest further to amend it. that it is possible that this 43d rule that we Mr. STOCBRImDGE. The custom has grown have adopted this morning so emphatically out of the very loose way of doing things in may be suspended by a vote of three-fifths of the Legislature. The term "engrossed tbr a a bare quorum. I would move to amend third reading" means that the bill shall be this rule by inserting after the words "The re-written, with all the amendments which Rules," the words "except the 43d." have been adopted incorporated in the bill as Mr. CLARKE. I suggest to the gentleman a whole. After it has been so consolidated that a suspension of the rules is not a change in one paper and engrossed, it comes before of the rules at all. There is a regular order the House for a third reading in full as a of business. The order of business can be whole; and then, if it is adopted, it passes changed, by suspending the rules, by a vote, into the files in the office of the Clerk of the of three-fifths of the members present. But I Court of Appeals. But the custom here has no rule can be changed without one day's been not to have it engrossed between the notice thereof. In order to change Rule 43d, second and third reading, but to pass it, it wouid be necessary that notice should be sometimes the next day, often the same day, given according to Rule 55. Suspension only and leave the engrossing clerk to prepare the refers to the order of business; and not to the engrossed copy atter its final passage. The direct change of a positive rule adopted by the object of this amendment, as I understand it, Convention. is that this engrossment shall actually take Mr. JONES of Somerset. That obviates the place. If members desire it, for the purpose difficulty, and I withdraw the amendment. 1 of distinctly understanding the matter before Rule 53d having been read, them, it may be printed before its third readMr. KE NNARD said: I move to amend this ling and the vote upon its final passage is rule by inserting after the words " engrossed taken. I can see no objection to the amendfor a third reading" the following: "If ob-'ment. 103 Mr. JONES of Somerset. If after it is en- the committee was that the reports of corngrossed it is in order to amend it, it must be mittees should in like manner be read and be re-engrossed. I think it ought not to be en- open to amendment. There is a provision grossed until it is finally acted upon by the which says that this body shall be governed Convention. by the rules of parliamentary practice, but The PRaESIDENT. The usual parliamentary the rules of parltamentary practice would course is that when a bill has been engrossed not apply in this respect directly to reports. it is notsusceptibleofamendment. Ofcourse I move this amendment, therefore, in order the Convention may adopt any rule they to make it perfectly clear and distinct. please. The amendment was agreed to. Mr. KENNARD. It is susceptible of amend- RulIe 54th, in relation to the previous quesment on the third reading, by this very rule. tion, having been read, The PRESIDEN'r. Tha-t would necessitate Mr. HEBB moved to substitute for the entire the re-engrossment of the bill. rule, the following as an amendment: Mr. JONES of Somerset. At the proper' The previous question shall be always in time I shall move to amend by taking out order in Convention, and shall be in this the words "'except by the consent of the ma- form: "Shall the main question be now put?" jority of the members elected to the Conven- It shall only be admitted when demanded by tion." a majority of the members present, and its The amendment of Mr. KENNARD was agreed effect shall be to put an end to all debate, and to. to bring the Convention to a direct vote upon Mr. JONEs Of Somerset. I now move to pending amendments, and thle section of the strike out the exception at the end of the Constitution then under consideration. On rule, and insert the words'"and been en- a motion for the previous question, and prior grossed," so that it shall read: to the seconding of the same, a call"of the "After any report of a committee has Convention shall be in order, but after a passed to a third reading and been engrossed, majority shall have seconded such motion, it shall not be in order to amend the samrne." no call shall be in order prior to a division Mr. STOCIaBRIDGE. If the gentleman from of the main question; and on the previous Somerset will consider this matter a noment, question there shall be no debate." perhaps he will waive his amendment. It Mr. HEBB said: I will state the difference may be very desirable to retain the power to between the rule offered by myself and that amend an article until the very last moment. offered by the committee in their report. The Constitution, when it is completed, must The committee divide the previous question be a symmetrical whole; and. in order that it into two questions, one called the main quesmay be so, and that one article may corre- tion and the other the previous question. By spond with another, we have already under section 1st, " The main question on the rethe 44th Rule given great latitunde to the port of any committee shall only be called right of reconsideration, providing that it after the said report has passed to its third may be done at any time. We may adopt reading." The proposition that I offer gives an article to-day, and in deliberating upon the benefit of the main question on any another article next week, or three weeks amendment. Bysection 2, the previous queshence, we may adopt someamenme ent which tion "'may be called on any aamendment will render it necessary, in order that the offered to the report of any committee, when articles should be consistent with each other, the same is on its second reading; arid when that'the article adopted to-day should be demanded by a majority of the members presamended. I would suggest that it is desira- ent, it shall, until it is decided, preclude all ble that this power should be left in the hands further amendment and debate on the quesofthe majorityofthewholeConvention, or the tion before the Convention; but shall not majority of all the members present, to amend preclude further amendments while the said until the last moment. in order that the Con- report is on its second reading'." stitution which we may adopt may be sym- For instance, when a section of the Constimetrical. tu tion is under consideration, an d one amendMr. JONES of Somerset. As the only ad- ment has been offered, and then a second ditional trouble will be engrossing it again, amendment, the previous question could be in case of amendment, I withdraw the amend- called. According to my rule its operation ment I have offered. will.be to take a vote upon the second amendMr. CLAKrS. I hardly know whether it is ment, then upon the first amendment, and necessary, but I will offer an amendment to then upon the section unider consideration. cover a point which may be doubtful and In other words, when the Convention has which I thought had been covered by a special signified that it is prepared to take the vote rule. I move to insert after the words "second upon the section I see no reason why we reading," the words "on which second read- should be denied the privilege of the main ing it shall be open to amendment." Bills question upon the section under consideraare always read for the purpose of being tion. amended, clause by clause; and: the idea of This is the exact rule which after consid 104 erable wrargling was adopted by the last tion which'under the present rules of the Convention. It will be found in the " pro- House of Delegates, and under the rule offered ceedings" pagoe 305; and was adopted, as by the gentleman from Allegany county appears on page 313. This is the rule in all (:Mr. Hebb) would not exist. He says the legislative bodies; and the effect of the main previous question having been demanded, its question is as proposed by the amendment I effect will be first to require a vote upon the have submitted. amendments, and then upon the section itself. Mr. CLARKE. In drawing up this rule upon When we are upon the second reading of a the previous question, the object of the com- bill we cannot put the main question, because mittee was to meet the same difficulty which we cannot vote upon the final passage of a existed in the last Convention. The rules bill until-we are-upon the third reading. provide th at reports of committees shall go Mr. HEBB. It may be an article or section. through the same course as bills. The rule If a section is before the Convention, of course upon the previous question, as it stands in we shall take the vote upon the section, and the present Roles of the House of Delegates not the whole article. is this: Mr. CLARKE. While going through the "Rule 23. The previous question shall be reading of the bill for amendments, it is cerin this form,' Shall the main question be now tainly in the power of the Convention to put?" It may be called for on any question receive an amendment unless it is proposed except on an amendment or other matter by the call of the previous question upon the which cannot in its nature be postponed; and second reading of a report to cut off all furwhen demanded by a majority of the mem- ther amendments. I never heard, in the bers present, it shall, until it is decided, pre- House of Delegates or in any body, if underclude all further amendment and debate on taking upon the second reading of a measure, the main question." the proper time for effecting it by the House, Under the rules of the House of Delegates, to cut off amendments. The previous quesand under the rules of most bodies, on the tion has never been applied in that way. It second reading of a bill there is no such is only to bring the House to a direct vote thing as calling the previous question at all, upon a proposition, and never to cut off because when the previous question is sus- amendment. tained it brings you to a vote upon the main Mr. STOCKBRIDGE. If the effect of the prequestion, and you cannot vote upon the main vious question in ordinary parliamentary question until the bill is on its third reading. practice be what the gentlemen from Prince So upon the rules adopted by the House, if a George's kMr. Clarke) assumes it to be, I report is on its second reading, and the should most certainly prefer the 54th Rule as previous question is called, the President it stands. But it seems to me he must be in must put the question shall the main question error as to the effect of the previous question. now put? and inasmuch as you have not The form in which the previous question is passed through the second reading of the bill, always put, is, Shall the main question be there can be no such thing as a main or pre- now put? which I understand to be the main vious question at all.. That was the very question before the House or Convention, difficulty the last Convention met with. the body which is to act upon it. The main Therefore, in order to make this proposition question before the ~ody, when a bill or artiplain upon the previous question, and in cle is upon its second reading, is not, Shall order to extend the call of the previous ques- this article become a part of the Constitution? tion, the committee made this subdivision, The main question before the body is upon viz; that upon the second reading of a mea- the adoption of the particular article or parsure, not being able under the rule of t he ticular amendment pending, as I understand House of Delegates or under the rules of other it. If I am wrong in this, it will affect the parliamentary bodies, to call for the main whole subject. Everything depends upon question, and it being desirable that to a cer- what constitutes the main question in the tain extent the Convention should have the ordinary parliamentary practice, when the privilege of cutting off lengthy debate, the previous question is called. previous question should be called. That is, Mr. CLARKE. I will only state that so far whenever an amendment is offered to a clause as my experience has gone in the Legislature, and a second amendment, it is in the power I have never known the calling of the preof the House to call the previous question vious question to operate as the gentleman upon that, and that previous question simply understands it. The discussions upon the applies to the question before the Convention, Convention Bill last winter, went on for a viz.: the amendments then pending. After considerable time while the bill was on its acting upon them any other amendments may second reading, and it was never once supbe offered. posed that the previous question could be So this rule, instead of cutting off or limit- called on the second reading of the bill. The ing the power of the Convention, in reference rule of the House expressly provides that the to the previous question, gives to the Con- previous question shall not be called on an Vention a power of calling the previous ques- amendment. I find, upon turning to the 105 Debates of the last Convention, that the under consideration, and not upon the whole question of the previons question came up, report. and Mtr. Randall moved to change the o rdi- Mr. STOCKBRToGE. It appears to me that nary rule reported by the cornmittee similar this amIounts to nothing else than merely proto the 23d Rule of the Ilouse of Delegates. viding two forms of the previous question. He says, on page 57 of the Debates: Ordinarily the previous question is called at I rise to give notice that I shall propose any s age of the proceedings, whenever gena change of the 17ih Rule, which declares tlemen see fit. Under the apprehension that that the previous question shall be always in it may be called before the article under conorder, if seconded by a majority, &c, &c., sideration is matured, this provides for a preand that the main question shall be on the vious question upon the second reading unadoption of the proposition under consider- der the title of the previous question. And ation; and that in cases where there shall be when it gets to the third reading, when the pending amnendments, the question shall be article has been passed upon, there is a previfirst taken on such amendments, in their or- ous question under the name of the main der, and without further debate on amend- question; and it amounts to nothing else as I ment. understand it. "Now I understand by the construction Mr. C(LARKE. Then here is the third secgiven to this rule, and under the P:.tliament- tion: ary law, that the effect of the previous ques- "The rules of parliamentary practice on tion, if sustained, is not only to cut off all the call of the previous question on all other debate and amendments on the question then subjects shall govern the Convention.'" before the Convention, but to cut off all de- It is simlply on the consideration of reports bate and amendments on the whole suject on their second altd third readings that a matter. That is to say, we have to vote distinction is drawn betweeia the previous upon the whole bill and amendments, at one qu(stion and the main question, in order to time." apply to this particular case, which had to be That is, if a motion is under consideration done to mlake those rults apply to a report and the previous question is moved, it opter- whlichl would otherwise have ap)plied to bills. ates upon the whole bill or the whole report. The PRESIENT. In parlianientary practice He proceeds: can there be a distinction drawn between the "I suggest to the consideration of gentle- previous question and the main question? Is men that every desirable object will be not the previous question in parliamentary effected by confining the operation of previ- practice the main question. ouns questions to the actual question under Mr. CLARKE. Then upon the second readconsideration, and to nothing else, Many ing there can be no previous question at all friends more experienlced than myself in such under the usual parliamentary rules. matters, have intimated their opinion that iMlr. DIANIL. I rose to suggest, the same such a change would have a happy effect; thing which has just been suggestAd by the and I propose so to amend the motion as to Cthair. It seems to me that the previous give it that operation." question is nothing else but the main quesThe 54th Rule was framed by the commit- tion; antd the question merely is, Shalt the tee to carry out the idea here suggested. debate stop, arid shall the vote upon the The PRESIDENT. Then the main question question be now taken? Then we shall vote will be the amendment? upon the question, whether it is an amendMir. CLARKE. The rule provides that there ment or some other question. shall be upon the second reading, no main The CHAIR. The main question applies to question, but that there shall be a previous tie voting upon the original P1roposition question; aind the rule defines what the pre- rather than to the disposition of the amendvious question is; that it shall apply to ments pending. penditinr amendments before the Convention, Mr. DANIEL. I do not see any difficulty in and shall prevent further debate or aWpend- the rule as I understand it to be sug-gested by ment until the pending amendments are dis- the amendment, and as it is usually framed posed of, and then other amendments may be in parliamentary rules. It cuts off all deoffered. The main question, as explained by bate and brings the vote upon the several Mr. Randall, always applies to the whole bill, an,endments as they are offered, and then so that when a bill is under consideration the upon the main question. It the previous vote must be taken on the entire lill; and it' question is oidered upon the second reading we adopt the same rule, the vote must be you would be obliged to stop there after havtaken on the whole report of a committee. ing disposed of the amenduments. This I It was to matke that distinction that the rule think meets the difficulty, it there is any was drawn in the form in which the com- difliculty. You would go on until obliged mittee have reported it. to stop by another rule, which requires no Mr. HEBB. The gentleman misunderstands provision to be inserted in the Constitution the meaning of the rule as I offer it. It re- except upon the third reading, and then the quires a vote upon the section of the report main question would go over to the third 8 106 reading. I do not see. under the usual par- is hereby directed and required, in giving a liamentary rule that it will be necessary to certificate of payment to such member or ofmake any distinction, or that there will be ficer, to deduct from his account such time any difficulty; but some confusion may grow as he may havebeen absent, unless occasioned up it' we separate it. by actual indisposition, or some other unMr. BERRY of Baltimore county. I know avoidable circumstance. how perplexing is this previous question; Resolved, That for the purpose of ascerand although I have somewhat hastily looked taining the time lost by the members and ofat the authorities with regard to it, my mind ficers the Secretary of' this Convention be reis not yet clear with regard to it, nor do I quired to keep a weekly. list, on which he shall fully understand the amendment proposed by note the respective days when each of said my friend from Allegany. I think that it is members or officers shall be absent, and file a question of so much importance, just at the same weekly with the Clerk of' the Comthis time, that the consideration of' the rule mittee on Accounts, who shall deduct the would better lie over until to-morrow, until same from the allowance of each member and we can see the amendment, and can examine officer, so that, at the end of the session, the the matter; and for that reason I move that number of days each member or officer has the Convention adjourn. been absent, except from actual indisposition The motion was agreed to, and or other unavoidable cause, may be ascerThe Convention adjourned. tained and entered upon the Journal of Proceedings. FIFTEENTH DAY. Resolved, That every member shall be conFR1DAY, May 20th, 1864. sidered and noted as absent unless his name be entered on the Journal at the opening of The Convention met. each day's session, and also entered among Prayer by the Rev. Mr. Patterson. the yeas and nays, that shall be taken on Present at the call of the roll the following every proposition to adjourn, unless his abmembers: sence be occasioned by actval indisposition Messrs. Goldsborough, President; Abbott, or other unavoidable circumstance. Annan, Audoun, Baker, Barron, Berry of Which were read. Prince George's, Blackiston, Briscoe, Brooks, Mr. TODD submitted the following order: Brown, Carter, Clarke, Crawford, Cunning- Ordered, That the Treasurer of the State ham, Cushing, Daniel, Davis of Washing- of Maryland, upon the order of the Pretiton, Dellinger, Earle, Ecker, Edelen, Gale, dent of this Convention, pay to Thomas J. Galloway, Greene, Harwood, Hatch, Hebb, Corkran, who temporarily discharged the Hoffman, -lollyday, Hopkins, Hopper, John- duties of Page, in the beginning of the sesson, Jones of Cecil, Jones of Somerset, Ken- sicns of this Convention, the per diem and nard, King, Lansdale, Lee, Marbury, Mar- mileage allowed to the permanent Pages, for key, Mayhugh, McComas, Mitchell, Miller, the number of days of service rendered by Morgan, Nlullikin, Murray, Negley, Noble, him. Nyman, Parker, Parran, Peter, Pugh, Pur- Mr. TODD moved the reference of this ornell, Robinette, Russell, Sands, Schley, der to the Committee on Accounts, but at Schlosser, Scott, Smith of Carroll, Smith of the suggestion of the Presideft withdrew the Dorchester, Sneary, Stockbridge, Swope, motion. Sykes, Thomas, Thruston, Todd, Valliant, The order was adopted. Wickard, Wilmer, Wooden-75. ORPHANS' COURT. The proceedings of yesterday were read. Mr. MARKEY submitted the following order: On motion of Mr. Galloway, Ordered, That the Committee on the JuOrdered, That the Committee on Accounts diciary inquire into the expediency of changbe directed to examine and settle the accounts ing or amending the Testamentary System, for repairing and fitting up the Hall for the in cases where a testator has devised his prouse of the Convention, under an order of the perty to his executors to be sold,, or has diLegislature. rected his real estate to be sold by his execuMr. PURNELL submitted the following pre- tors, for the payment of debts and legacies, amble and resolutions: or for any other purpose; so as, in the event WHEREAS, It is a matter of great import- of the death of both executors or the surance that there should be a prompt and faith- vivor, or the death of a sole executor, to give ful attendance of the members and officers of' power to the Orphans' Court of the county this Convention, for the performance of the or city of Baltimore, where letters testamenduties entrusted to them in their respective tary have been granrted, to appoint an admincommittees, as well as during the. sessions of istrator de bonis non, with the will annexed, this body; therefore, be it and invest him with power to sell such real Resolved, That hereafter no member or of- estate and administer the proceeds according ficer of' this Convention shall receive any per to the will of the testator. diem for such time as he may be absent from Mr. BRIScon. From the casual hearing of the said Convention; and that the President that order it seems to me that it would more 107 properly come before the legislative depart- tee fails, inuder our system, and there is no ment of the Government The adoption of other authority, the Court of Equity has ju-. orders of this character will have the effect, risdiction to supply it. although I would not object to it merely upon Mr. BRISCOE. My suggestion is whether that ground, to increase the expense of print- that would not be a measure' more directly ing the Journal; but there are other reasons coming under the legislative department of why the entering of such orders, unless per- the Government. Would it not be perfectly tinent to the deliberations of this Convention, competent for the Legislature to accomplish ought to be stopped. It seems to be an order this when the courts are organized? relating not so much to the matters before Mr. JONES of Somerset. Unquestionably. the committees of this Convention Ias to the MIr. BRIscoE. We are not here to perform details of legislative action after we shall legislative duty, in the strict acceptation of have formed a new Constitution. It is a the term. Not being a member of the Judiquestion whether it is necessary to incorpo- ciary Committee it may be impertinent i: me rate it in the Constitution we are about to to object to this. It is a question for the form. I onlv throw out the suggestion that chairman of the Judiciary Committee to conunless I can seea strong reason why itshould sider, whether that committee ought to be go upon our Journal, I should object to it. burdened with propositions of this character; If the policy is adopted of passing such orders and it is for the Convention to say whether and entering them upon the Journal, we our Journal shall be filled, day by day, with shall have a Journal as large as the ordinary propositions like this, offered for the considacts of Congress. I merely throw out the eration of committees or of the Convention. suggestion to the other side. I do not know I know that it is an ordinary courtesy and from what source the order comes rule upon the part of committees, when an Mr. MARKEY. I offered that order, for the order is submitted to them, to make a report purpose, if possible, of correcting what I con- upon it of some kind or other, and I simply ceive to be an evil in our part of the State. suggest whether we should burden them with In the event of a party dying, and leaving a orders of this kind. will appointing an executor, if that executor Mr. JONES of Somerset. I think, upon the should happen to die before he has settled up views entertained by the gentleman from Calthat estate, real or personal, the only way to vert (Mr. Briscoe) it is entirely unnecessary dispose of the real estate is that the adminis- to cumber our Journal with orders of this trator upon his personal effects must go into character. It is a mere matter of legislative the Chancery Court and obtain a decree to control. Yet in the organization of the Jusell that property. I want, if possible, to give diciarv no doubt provision will be made for to the Orphans' Court the same power in re- the proper distribution of the equity and lation to real estate that they possess under common law jurisdiction of the courts. the law in the case of personal estate. I do Mr. SCHLEY. I think the reference is cornot care what committee the order goes to, rect. The organization of the Orphans' Court if it can be brought before some committee will properly form a.part of the article on the which will act upon it. Judiciary. Perhaps it may encumber the Mr. JONES of Somerset. It merely proposes Journal of Proceedings to introduce a multito change the jurisdiction of a court and give plicity of orders from day to day; but all it equity jurisdiction. It is merely the or.di- these orders are suggestive and I think that nary case of the failure of a trust, where the every committee will receive suggestions, Court of Equity must appoint trustees. In from whatever source they emanate, gratethe case referred to, the death of an executor, fully and perhaps with advantage. This there is a failure of the execution of a trust, order has no doubt some legislative features from the death of the executor before the sale; in it; but still it involves a question of the and it necessarily goes before the Court of powers and jurisdiction of the Orphans' Court, Equity, as the ordinary and usual remedy. and may very properly be considered by the The proposition is that that jurisdiction be Committee on the Judiciary; and I am sure given to the Orphans' Court, which I pre- that committee, in so considering, will judge sume is not the practice in this particular for themselves whether it be expedient to incase. The Judiciary Committee have under corporate any legislative action in the Conconsideration the distribution of the judicial stitution or refer it to the legislative departpower-of the State among the several courts, ment. They may incorporate the principle, and will no doubt report upon a system in and I hope sincerely that they will But I which the equity powers may possibly be do not propose to discuss the merits of the given to a judge of probate, or a county proposition at all, but merely to state why I judge; and the object ot the gentleman from shall support the order of inquiry, that I Frederick (Mr. Markey) may be in that re- think it comes properly before the Committee spect answered. It is only one instance, as I on the Judiciary. understand it, of the failure of a tiust, which Mr. BRrscoE. I do not raise any issue at may occur under a deed just as well as under all upon it, I merely threw out the suggesa will. Wherever the appointment of a trus- tion that it was such an order as did not 108 properly belong to us to consider, as a reason to go to the committee for their consideration, for my vote upon it. whether the Orphans' Court of the State Mr. DANIEL. Agreeing with the gentleman shall be vested with a jurisdiction of that sort, that this is strictly within the power of the to enable them to appoint an administrator Legislature, the law-making power, and not de bonis non clothed with the -ame Iowers so much in our province, it seems to me that the executor was clothed with under the will a reference is unnecessary. I do not think of the deceased party. For these reasons I the Judiciary Committee need act upon all shall vote for the reference to the Judiciary these individual cases. If we were disposed Committee. to fill up our Constitution with provisions to Mr. SANDS. I do not propose to discuss meet particular cases, this order, as suggested the merits of the order at all but only to *by the gentleman from Somerset (Mr. Jones) make a suggestion. It has hitherto been our would not meet the case. To show that it is practice, as a matter of courtesy, when an strictly within the power of the Legislature, order is offered simply to be referred to a I will say that the Legislature has already committee, to allow that reference. I agree acted upon this very subject; and it is only entirely with the view of the gentleman fromn to provide for an omission in the law as it Prince George's((Mr. Berry) upon the merits now exists, for its not going quite far enough, but I really think, as a matter of mere exthat the order is proposed. There is now pense, that the time we shall consume in disupon our statute book a law covering this. cussing the merits-for Ne must either adopt You can vest the power to sell-real estate in the general rule of refusing all orders of this an executor by will; and if the executor dies sort or admi.tting all, or else we must discuss without having executed the power, then it the merits of every individual order that is considered, I believe, that the power dies' comes up, and decide upon its merits-will with him; and then the Court of Chancery cost far niore than the printing, paper and must appoint. The Legislature having al- ink, in putting them upon the Journal, outready acted upon that, it is very easy for the side of the question of' courtesy to the memLegislature to say just what this gentleman bher offering a -nere order of reference. While wants us to say that in case the executor dies therefore I entirely concur with the views of without having executed the trust, the ad- the gentleman from Prince George's upon minislrator de.bonis non shall execute the this order, I think we shall save Inuch time power. it seems to me therefore -simply a and expense in simply referring all orders of question for the Legislature. I think we de- inquiry irrespective of thcir individual merits. tract from the dignity of this body if we at- Mr. BaIscoE. I do not undertake to object at tempt to take into consideration every indi-. all to' the adoption of the order as a matter of vidual matter which would properly come courtesy; for upon that ground I should prebefore the Legislature, thelaw-making power. fer that this should go to the commmittee. I think it would rather show that we do not I only want to reply to my friend from understand our business. Prince George's in his statement that the iMr. BERRY of Prince George's. I- do not Constitution says what shall be the jurisdicat all agree with the gentleman fiom Balti- tion of the Orphans' Court, or the Equity more city (Mr. Daniel) that this comes with- Court, or any civil court. The Constitution in the purview of general legislation. When of Maryland does not say what the jurisdica testator makes a will and directs by that tion of the Orphans' Court shall be, or dewill the executor appointed therein to make scribe the extent of its jurisdiction at all. I a sale of real estate, if he dies the poener to will read that clause of the Constitution in sell dies with him, and the only possible reply tomy friend: means by which a sale of that real estate can "They shall have all the powers now be made is through the interposition of a vested in the Orphans' Court of this State, Court of Equity. Now the Committee on the subject to such changes therein as the LegisJudiciary System, will, as a matter of course, lature may prescribe." in arranging the jurisdiction of the different As I at first intimated, it is simply and excourts, set forth what their peculiar jurisdic- elusively, so far as their powers are concerned, tion is to be. The Orphans' Court of our a question for the exercise of the discretion State has no chancery jurisdiction except that of the legislative department of the governspecially given to it by law. I think by ment. This Constitution has, by its own reference to the present Constitution, that the words, given the Legislature the right to particular duties and jurisdiction of each of prescribe the jurisdiction of that court. The the courts of the State will be found to be question covered by the, order belbfore us is there defined; but you will not find that duty simply a question of enlarging or circum-,enumerated in our present Constitution as a scribing the jurisdiction of that court; and it duty of the Orphans' Court. The courts,j is competent for the Legislature hereafter to therefore, being limited in their jurisdiction, do that. I am not arguing upon the questhey can exercise no other jurisdiction than tion of expense, or of economvy, for I do not that expressly given them by the Constitution. raise issues of that kind before a body like I think therefore that this is a proper subject this; but if because a gentleman desires a 109 change in the laws he comes here with his Does this give them an additional jurisdicproposition and presents it to tile Conven- tion? The Constitution provides that the tion, I do not think it should be therefore jur isdiction that they have may be changed referred to one of our committees. We are by the Legislature, but it does not allow the here for the purpose of establishing the fun- Legislature to extend their jurisdiction. The damental and organic law of the State; and provision of the Constitution will not adif we are to prescribe the powers of the legis- mit of the construction placed upon it by lative, judicial, and executive branches of the the gentlemtan from. Calvert (Mr. Briscoe.) government, go into all the details of those They have no such power under the law. powers, I doubt whether we shall be through They have no such power under the Constiour work before the end of the year. I have tution. The object of the order of the genno disposition to be captious when any gen- tleman from Frederick is to extend their powtleman offers a proposition for a mere inquiry, ers, so that when an executor shall die vest. but I want this question settled; for if gentle- ed with power under a will to sell real estate, men are to be allowed to come here day after it may not be necessary to make application day and ask committees to consider the expedi- to Courts of Equity in order to carry out the ency of adopting propositions which properly view of the intestate. belong to the Legislature I think we shall be Mr. SANDS. I still entirely agree with my unnecessarily cumbering our journal. As to friend from Prince George's (Mir. Berry), in the question of expense I shall not speak of his view of the law. that, for it is not proper to talk about that The order was agreed to. now. I only wish now to show my friend IMMIGRATION OF FREE NEGROES AND MIULATTOES. fromn Prince George's that he is wrong about Mr. CLARKE. Before the order is read this. I know very well that the Legislature which I propose to offer, I desire to say with has this power, and has exercised it, and my reference to the remarks of the gentleman friend the chairman of the Judiciary Com- from Calvert (Mr. Briscoe) that the subject mittee, (Mr. Chambers) will testify that the embraced in this order may be considered by Legislative department has always exercised some a matter of legislative power. It may that power. It would be a very stranre embrace, to a certain extent, matter which circumstance if it were not to exercise the has been heretofore a subject of legislative power to regulate the jurisdiction of the action. But, as I understand, it is perfectly court. I do not say this to consume the time competent for a sovereign convention to say but merely to say that we establish a very whether they will regulate the matter by orbad precedent if we cumber the committees ganic law or leave it in the power of the with such orders as this. Whllile as a memr Leislature to regulate it hereafter. The ber of a committee I would not seek to avoid present Constitution embraces matters which the labor merely, I think we ought not to are sometimes left to mere legislation, as with impose upon the committees the considera- reference to usury, a subject which might tion of too many subjects at a time. have been left to the legislative department Mr. CHAmIBERS. I will merely say to my but which it wcas thought proper to fix in the friend that I am not the chairman of any I Constitution. So in respect to the creation committee. of a public debt, &c. This proposition emMr. BERRY of Prince George's. I still in- braces a matter which has been heretofore a sist that I am right, and that the Orphans' matter of State legislation, but which I deCourt has no such power as that which it sire shall be submitted to the concideration is contemplated by the order of the gentle- of the proper committee to be incorporated man fromr Frederick (Mr. Markey) shall he in the organic law. given to them. I think my friend from Cal- With reference to the propriety of offering vert (MI[r. Briscoe) read this article of the such propositions, I will say that many of us Constitution with very little effect in making are members of one or two committees, and the allegations he made as to the powers of have no opportunity of kno'wing what is the Orphans' Court. I xwill read it now and going on in other committees at all; and algive my construction of it: though the committees are very competent to " They shall have all the powers now vest- take charge of the subjects committed to them ed in the Orphans' Courts of this State." for investigation, yet it may so happen that a What were the powers vested in the Or- gentleman may have a proposition which he phans' Courts of this State at the time of the wishes passed upon by some other committee; adoption of the Constitution? and I think it not improper that he should They lihad the general supervision of the es- offer such a proposition and refer it to the aptates of deceased parties, and the general su- propriate committee, which will give him an pervision of the estates of minors. These opportunity of having his views passed upon. were the principal duties confided to the Or- I offer the following order: phans' Court when this Constitution was Ordered, That the Committee on the Legisadopted. It proceeds lative Department be instructed to inquire —' sulbject to such changes therein as the into the expediency of inserting the followLegislature mtay prescribe." ing articles in the Constitution 110 1. No free negro or free mulatto shall come under peculiar circumstances. Our country into or settle in this State after the adoption is in peculiar circumstances. Right or wrong of this Constitution. a vast majority of the people of MRarylaind 2. All contracts made with any free negro consider the terrible national calamity upon or free mulatto coming into the State con- us to-day as springing out of the slavery trary to the provisions of the foregoing sec- question-out of slavery itself. I do not tion, shall be null and void; and ally person choose to stop now to argue whether it is so who shall employ such free negro or free mu- or not; but that is the judgment of the large latto, or otherwise encourage him or her to majority of the people of Maryland. What remain in the State, shall be fined in a sum then ought we to do as white men of the not less than fifty dollars, nor more than State of Maryland? We see that society, five hundred dollars for each offence: communities and States, have been tossed as 3. All fines which may be collected for a if by an earthquake. The negro has had his violation of the provisions of this article, or share of the tossing, and it has been a very any law which may hereafter be passed for hard share, although but little in fault. He the purpose of carrying the same into execu- has never been in your primary meetings, in tion, shall be set apart and.'ppropriated for your representative assemblages or elsewhere, the colonization or removal beyond the limits to agitate for himself or about himself. He of the State of such negroes and mulattoes has been quiet, docile, obedient, and in many and their descendants as may be in the State cases a willing servant fbr many long years. at the adoption of this Constitution, and may What do we propose to do? We were the be willing to emigrate. superior and governing, race. We have 4. The General Assembly shall have full brought matters to the position they occupy power, and it is hereby made the duty of the to-day. While the poor negro with the white same to pass all laws necessary to carry out man has been thrown up in the air by these effectually the provisions of this article. civil convulsions, he is to have no resting Mr. DANIEL demanded the yeas and nays, place for his foot when he lodges. I shall and they were ordered. never give a vote here or elsewhere, never Mr. CLARKE. This is a mere order of in- utter a word here or elsewhere, which puts quiry. It is a matter of deep importance to any man in the position of saying that I the State. It is a matter in which, I am free dread for the white maOr the competition of to state, my own constituents are divided. I the negro. I think the events of the last few do not know that my own delegation are en- months have totally exploded the doctrine of tirely agreed upon it. But I have endeavored negro labor coming in competition with white to present my views, plain, clear and dis- labor, which used to be the great popular tinct, in reference to it. doctrine and cry before the people a year or MIr. BERRY of Prince George's. We have a two ago, when wages were but half what precedent for legislation of this sort in several they are to-day when Maryland is virtually a of the free States of the Union. Some years free State. It is a homely adage that "the ago Indiana and Illinois, by their Legisla- proof of the pudding is the chewing," and tures, passed laws to prevent the immigration it is often the case that these homely adages of free negroes into these States. Ohio has contain a great deal of truth. What is the passed such a law, and it is now a law of condition of things to-day? An honest white that State. A bill of that character was in- man willing to labor can get all he can do, troduced in the Legislature of Pennsylvania and more, and get such wages as were never some 12 or 18 months ago, I do not know paid him before. I do not choose to consider the fate of that bill, but I humbly apprehend this further. for the idea of such a competithat the same law now prevails there. The tion of wages is scarcely worthy of a workpolicy of the Northern States, the Non-Slave- ing man. holding States, has always been to get rid of But here is the position in which we are their free negro population, for the evident called upon to act to-day. We have brought purpose of encouraging the poor white peo- about the existing condition of things. Itis ple of the State, the laboring classes of those not the negro. I am sorry to observe on too States; fobr if the free negroes are allowed to many sides, where I go, among those who remain in the State their work comes in com- have heretofore enjoyed the benefit of negro petition with that of the white laborer. I labor, and among those who never had it, should suppose it would be a very popular that there is too much of a disposition uttermeasure in all free States, or.in any State, to ly to ignore the humanity of the poor negro. get rid of them; if they are free, to allow As to the cry of negro equality, and as to them to emigrate and form societies of their adopting any Constitution or law or regulaown. tion which will put the negro upon an equality Mr. SANDS. If I understand the order it is with the white man, politically or socially, simply to refer to a committee. I shall not I will fight it as long and as fiercely as any object to its reference; but I desire to take one. Because I am willing to say that a nethis opportunity to express my views upon gro's rights are not those of a white man, I the subject matter of this order. We are here am not willing to say that he has no rights at all. I have this conviction, that when it the thousands, tens of thousands, hundreds was permitted that from the Supreme tribunal of thousands, turned loose by the chances of of the United States should come a doctrine war? How are they to get to another land? so horrible as this, that the negro had no How are they to acquire the means to carry rights which the white man was bound to them there? I trowv not, from the complexion respect, it was then predetermined that there of the views urged upon us here. I only ask should be war and calamity upon this nation. that we shall give them a chance, give them Mr. BRISCOE (interposing.) Will the gen- time and opportunity to earn the means to tleman tell me when the Supreme Court ever carry themselves and their families there. made such a decision? When they have reached that position that Mr. SANDS. They came very near it in the they will desire to take part in the civil govDred Scott case. ernment of the land in which they live; when Mr. BRIscoE. It is not there. The Abo- they find that the white man will never admit litionists of Massachusetts put that in. them to a share in the government here; and Mr. SANDos resumed. The assertion that when they have had time to earn the means the negroes have no rights in Massachusetts of going elsewhere; when you have excited is met by the fact that they vote there, and in the negro the ambition of being a ruler, do other things which I do not intend they then, I say, is the time that the emigration shall do here. That is not the Massachusetts of this race will commence in flood-tide. estimation of the negro. I am sorry in all As to the reference of this order I shall not cases to see the unwillingness to acknowledge object to it, fbr I will not object to the referthe humanity of the negro. My view is this ence of any order. But I could not let the on the subject of the separation of the races, occasion pass without putting on record my a subject I have considered to my entire sat- humble views in regard to our duty as a isfaction. I believe if there ever comes about Sttte, upon this subject. what I long for and pray for, a complete Mr. CLARICE. I will merely say that when separation of the races, it is to come from I offered the order I hoped it would go to the emancipation and from colonization. Free committee without one word being said upon them; give them equal human rights, the this occasion. But the gentleman from How-, rights of husband and wife and parent. ard (MIr. Sands) reminds me of a young colt Give the negro the rights of a man, of a bus- the first time he is put in the harness. A band and father. Give him the right to simple order cannot be offered without the labor and to receive an equivalent for that gentleman's taking occasion to give us the labor. Give him the right to educate him- information that he has formed all his opinself, if he can, and his children. Bring him ions upon all these questions, and is very to the point where he will desire to take a anxious to place himself on the' record. I part in the civil government of the land, and have no objection to it whatever. But I must let him know that he can never do so; you say that I came here to be instructed by conwill then have brought him to the point sultation, and to consider all these questions where the emigration of this race will begin gravely and calmly. in a perfect flood-tide. When he has become I do not propose to follow the gentleman sufficiently educated to desire a voice in the either into his argument in reference to what government, and finds that here he can never produced this war, or in regard to anything be received as the equal of the white man, it in connection with war or slavery. I wish is then that he will seek for himself a new simply to bring the Convention down to the country. simple proposition embraced in this order. This is the history of colonization every- And when the time arrives for the considerawhere. Look back over the history of the tion of that subject, the gentleman will find human race. Who have been the colonists those that have brought it up for discussion in all time? They have been men cut off as willing and as free to extend a helping from the exercise of the political rights which I hand to the negro as to the white man. they coveted at home. Whether white or When the gentleman attempts to measure black, that is their history. Now that we, with me, action according to the principles the white men of the United States, have of humanity and charity, I shall not yield in brought matters to the pass at which they any respect, upon any ground of action which stand to-day, in my humble judgment it does is dictated by those high principles. not become us to saTy that we dread the poor What does the proposition I have offered pow.drless negro. We must educate him for embrace? Turning all the negroes who are colonization. Then how is that colonization in the State out of it? No sir. It says that to be brought about? Who will furnish the no free negro or mulatto shall come from ships to carry the negro to a distant land, or outside of the State of Maryland into the the means to establish himself there, unless State to reside in the State. Does it touch you allow him to work ftr the means to carry one who is here now? Not at all, sir. It him there? He must colonize himself. Yet then goes on to provide penalties for those he cannot find a foot of soil on which his I who may employ such as come here from outown feet can rest. Are we to colonize to-day side of the State into the State. And in re 112 ference to the doctrine of colonization, does to work their lands by free negro labor inmy proposition suggest that you are to send stead of slave labor. The poor white man them from the State, or sunder the ties which will not be able to rent an acre of land. He now exist between husband and wife, parent must work at the rate of free negro's wages and child? It simply says that whatever or get nothing to do. Thus both the white funds may be collected from the violation of tand owner and the poor landless white man this law shall be applied to the colonization will be injured by admitting an influx of free of those who imay desire to leave/the State. negroes. Is that bordering on barbarism? Is it a vio- But I did not propose to go info this matlation of humanity? Or is it simply putting ter. I had no idea of sa.) ing anything upon at their disposition a fund which they may this subject, nor should I have done so but employ in going abroad with their own free for the remarks of the gentleman from Howconsent? ard (Mr. Sands.) I have said what I have, I do not propose to go into this question simply in justiee to myself, and to show that of negro equality which the gentleman has I have made no proposition based upon a raised, and which it was never the intention scheime of inhumanity either to the white or of this order to raise at all; for it says not the black. one word with reterence to the question of Mr. SANDS took the floor and desired ten negro equality, which the gentleman has minutes to reply, but the President stating brought into this discussion. The order sim- that the hour had arrived for the unfinished ply raises the question of the free negroes, of business of yesterday to be taken up, Mr. what shall be done with them. My constitu- Sands preferred not to ask of the Convention ents live on the borders of Washington city. leave to proceed. We have there congregated thousands upon RULES OF ORDER. thousands, who have come up from the South, The Convention proceeded to the considerfrom all parts of the country. We have owv ation of the unfinished business, being the in the State a population of 90,000 free ne- report of the Committee-on Rules and Orders, groes, besides a large slave population, who, the pending question being upon the amendit is intimated by the gentleman, are to be ment submitted by Mr. Hebb, as a substitute set free. Then the State is open to 200,000 for Rule 54th. now congregated within certain limits of Mr. HEBn modifed his amendment by Washinrton city. The result will be that striking out the words " section of the ConPrince George's county, bordering on Wash- stitution then under consideration," and inington, will be overrun, and flooded with serting the words' special matter to which them. My constituents tell me that unless they relate;" also, by striking out the words some such provision as this is adopted, they "division of," and inserting " vote upon; do not know whether they can leave their so that the amendment should read: families i6 safety with such a class thrown " The previous question shall be always in upon the community. order in Convention, and shall be in this As to the competition between free black form:' Shall the main question be now put?' labor and free white labor, I do not pretend It shall only be admitted when demanded by to say which will triumph. If the State is a maijority of the members present, and its overrun with free negroes, they will have to effect shiall be to put an end to all debate, and work, if they do not want to starve, and they to bring the Convention to a direct vote upon will come into competition with white men. pending amendments, and the special matter White men will net get the labor which the to which they relate. On a motion for the blacks perform, unless they work at the same previous question, and prior to the seconding wages with the free negro. Unless therefore of the samie, a call of the Convention shall be you adopt some such provision as this, you in order, but after a majority shall have secwill reduce the wages of white men down to onded such motion, no call shall be in order the level of those of the free negro. I say prior to a vote upon the ma.in question; and this as a question of political economy, and on the previous question there shall be no not at all as involved in the political question debate." of their franchise. Unless you adopt some Mlr. CLARKIE. I would like to inquire how such pr )vision, this will be the effect upon this will operate, in taking the vote upon the the poor white man. Now what will be the "' pending amendments and the special matresult to the land owner? We shall make ter to which they relate." Does it mean this? the State a second Hayti or Jamaica. The Suppose we are upon the article on the Judiland will be held by few, and the land own- ciary, at the first section, upon the Court of ers will never reap the benefit from a rise in Appea's, and two amendi ments are offered. the value of their lands caused by a demand While these amendments are before the House from free white men. There is now in our and under debate, the previous question is community a large class,of white men who called. Does this amendment mean that if are, in consequence of the loss of slave labor, the previous question is sustained we are to able to rent land. If the free negroes are ad- vote upon the whole subject-of the Court of mitted the present land owners will continue Appeals without having gone through its 113 second reading? If I understand it, that called, as we have a right to call it under would be the proper construction of the rule this rule. Under the rule offered by the with the modification made by the gentleman. committee you have a right to call the previMr. I-lanB. The meaning of the rule is ous question upon the pending tamendments this. If any subject matter is before the but this proposition goes further, and says it Convention, and two amendments have been may be called, not only upon the pending made, the effect of the rule, if the previous amendments but upon the special matter to question is sustained by the majority of the which they relate. The result will be this: Convention, is to take a vote upon the second Under the rules reported by the cowlmeittee, amendment, then upon the first amendment, when a section is read and amended, there is and then upon the special matter to which no vote taken upon its adoption, but we prothe two amendments relate. ceed to the nextsection, and go through with Mr. CLARKE. Upon that section, or how them as in considering a bill. A section is many sections? read; an amendment is offered; the House Mr. H1IEBn. It means that portion of the acts upon it; and then the President puts section under consideration, the special mat- the question: " Are there any more amendter under consideration.. I think the words' ments to be offered to this section?" If no make it very clear; but if any alteration can further amendment is offered, the next secbe made to tmake it clearer, I shall not object. lion is read, and so on until we have finished Mir. STOCKaBRIDGEE. It appears to me as the the article; and then, for the first time, comes amendment is now proposed, and with this the vote upon the whole article, as a:.l indeunderstanding of its meaning, it is an im- pendent proposition, upon passing it to a provement upon the rule to which it is an third reading. But if this amendment preamendment. To illustrate, as I understand vails, every time we have a clause under conthe amendment offered by the gentleman sideration, a member can call the previous from Allegany, turn to the Constitution, and question, and call for the yeas and nays upon it will be found that the 17th section of.the amendments pending, and call for the yeas Legislative article, has in it, 1st, the style of and nays up:on the adoption of the clause, as laws;. 2d, the mode of enactment or repeal; we go along, and so on through every clause, 3d, provisions in relation to amendments; upon the second reading of a report. The then a provision for a code; and then pro- gentlemen upon the other side of this House visions relating to the rules of practice, intimated that they wanted to protect thempleadings, forms of conveyancing, &c. All selves from factious opposition on the part these different matters are contained in that of the minority, and reach a vote. But single section. I suppose it could never have instead of restricting the action of the rninorbeen designed that when we had taken that ity, they will find that by this amendment up, and a motion was made to amend the they will considerably extend it. The result part relating to the style of the laws. if the will be that fwe can have a vote upon the previous question were demanded and sus- adoption of every specific clause, and have tained, that would cover the whole atticle. the yeas and nays upon it; whereas under The special matter, as I understand it, will the rules as reported by the committee, we be that portion of this section which relates shall have merely a vote upon amendments, to the style of the laws. The pi evious ques- as gentlemen may choose to offer them, and tion will bring us to a direct vote upon the the main question is on the third reading amendments and upon that portion of the when the vote is taken on the whole article. section; and then the next subject matter I will only say one word in explanation of comes. before us for a vote or for amendment, the rule for the previous question as reported and so on through the section. With that bIy the committee. The ordinary rules govview I am ready to vote for the amendment. eruing the previous question are these, as Mr. CLARnr. I do not wish, in the rules stated in the Legislative Guide, on page 81: which are to govern our action, to have such "The previous question shall be in this loose terms as this. All I want is that it formt:'Shall the main question be now shall be definite, that we may know to what put'?' and its effects shall be to put an end the previous question will apply when it is to all debate, and bring the House to a direct sustained. It it means a clause, or section, vote upon a motion to cornmmit, if such tnoor article, let it be stated. What I object to tion shall have been made, and if this motion is the use of this broad term whichl may have does not prevail, then upon amendments rea different meaning from that which the gen- ported by a committee, if any, then upon tleman contemplates. I want the rule to pending ameudments, and then upon the contain a plainl and comprehensive statement main question. On a motion for the previof the action of the Convention to follow the ous question, and prior to the seconding of call of the previous question, if itis sustained. the same, a call of the House shall be in orIf we adopt this amendment, we shall find der; but after a majority shill have seconded ourselves in this difficulty. Upon the second such motion, no call shall be in order prior reading of a report we have a section under to a decision of the main question. consideration, and the previous question is "On a previous question there shall be no 114 debate. All incidental questions of order in legislation upon bills on their second readarising after a motion is made for the previous ing, no such thing is known as a call of the question and pending such motion, shall be previous question. decided, whether an appeal! or otherwise, Mr. IEtBB. Does the gentleman state that without debate." the rules of the House of Delegates prohibit In a note on page 81, it will be found calls of the previous question upon thesecond that- reading? "The original intent of the previous ques- Mr. CLARKE. No, sir; the rules of the tion was, to ascertain the sense of the House, House of Delegates require a bill to be read in the early stages of a subject, as to the pro- to the House on three several days; and when priety of entertaining the matter; and, if a pending amendment is before the House, decided affirmatively, the debate went on; if unless the House suspends the rule and passes decided negatively, the debate ceased, and it to a third reading, you cannot find in the the subject passed from before the House with- rules of the House any main question before out motion or further question.'" the House, as I understand it. I do not proI think the chairman of the committee pose longer to consuime the time in explainhad at first embodied simply the previous ing this rule, excepting to say that this is the question, as it existed under the rules of par- object, to avoid interminable debates which liamentary practice, on all subjects which might otherwise come up on the second readshould come before the Convention; and that ing of a report. It was to check such diswould have been the rule reported, but for cussions that the committee made this disthe difficulty which existed in the last Con- tinction, between the main question and the vention, in regard to the indefinite prolonga- previous question. It was only to distinguish tion of debates upon amendments offered oil them, the previous and the main question bevarious propositions. We perceived that it ing the same, the one being called upon the was necessaty that the Convention should second reading and the other upon the third change the ordinary rules of parliamentary reading; the first, the previous question, to practice in reference to the effect of the pre- be called upon the second reading and to vious question, so as to stop debate upon bring the House to a vote upon all the propoamendments. And I suggested the propriety sitions then before the House for a vote; but -for I must say, for one, although it has inasmuch as upon the second reading no secbeen intimated that the minority will prefer tion or article, unless some gentleman moves to prolong the time of the Convention, that I to amend it, is before the House for adoption, have no desire to waste the public money in it does not bring the House to a vote upon any useless calls of the Houseon propositions the adoption of the article er section. Gensimply to take up time; all that I desire is tlemen are well aware that the only way to that when a subject is fairly before the House, get rid of a section is to move to amend by we may have the opportunity plainly to ex- striking it out, and this brings up the quespress our views upon that question and offer tion whether it shall be retained. But under what amendments legitimately embody our the amendment offered, the question is not views, that they may go on record, and that put whether such a section shall be adopted every member of the House may be prepared as a section of the bill, and therefore you can to vote upon the question;-I uggested, witlh never upon the second reading vote upon the that view, to cut off upon the second reading main question. I have given this explanaof a report interminable discussions, the first tionm in justice to the committee. I have no two sections of this rule. objection to the clause offered by the gentleWhat would be the result were you to man, if it can only be defined so as to say adopt either the propositiou offered by the clause, section, or article. gentleman from Allegany or the ordinary Mr. DANIEL. As I understand the operarules of parli:amentary practice? It will be tion of the amendment now-it was not so found in the Legislative Guide, that it is evident yesterday-I am inclined to vote for stated that the first reading of a bill shall be it. I find upon looking at the Legislative for information, and the second for amend- Guide, it is pretty nearly a copy of the rule ment; and that while upon its second read- there, as well as a. copy of that adopted by ing the main question cannot be called, be- the last Convention. So fiar as I have been cause the rules of the House of R presents- able to look into parliamentary rules, I have tives, and our rules also, provide that the never seen in any book where these rules are bills shall have their several readings; and if laid down, this question divided into the the main quiestion were ordered vou could not main question and the previous question. I have the three readings on different days, as look upon them as the same thing the effect required excepting under suspension of the of the previous question being,'S.all the rules. Unless therefore we adopt some spe- debate stop?" That brings the question first cial provision by which the previous question upon the amendments and then upon the may be called upon amendments, you cannot main question. call the previous question at all on the sec- I disagree with my friend from Prince ond reading of a bill. As I said yesterday, George's, (Mr. Clarke,) as to the effect of 115 calling the previous question upon amend-, put an end to debate in certain modes, and ments on the second reading. My view of it to call for the question, and have a direct is that the effect of calling the previous ques- vote upon the proposition before the body; tion then is identically the same-first to and it is for these reasons that I am in favor bring the vote upon the amendments and of the amendment submitted by the gentlethen upon the main question. The effect is man from Allegany, which I regard as acsimply to decide that there shall be no complishing this end. further amendments offered, and it therefore Mr. HIENLE. There is one difficulty which goes over regularly for a third reading, and to my mind is prevented by this amendment, then to be adopted into the Constitution. notwithstanding the remarks of the gentleWith that view of the amendment I am for man from Baltimore (Mr. Daniel.) Let me it; because it seems to m.e that under any illustrate: Suppose that on the second readother plan we should never get at the end of ing of a section, A. should get up and offer debate, or amendments, if gentlemen were an amendment which is objectionable in itdisposed to offer them-I do not pretend to self, and then B. gets up and offers an amendsay that they would be. Under the rule as ment to the amendment which is also objecoffered, there may be amendments pending, tionable. There the amendatory power ceases. upon the second reading, and under the pre- Both of the amendments are objectionable to vious q- estion we may take a vote upon a majority of this H-Iouse. Under the operthem, but the previous question does not ex- ation of this rule the previous question is tend to the main question, and therefore gen- called; you first take a vote on the amendtlemen may offer other amendments, in as ment to the amendment, then on the amendmany other forms as they please. Thus the ment, then you are absolutely to vote upon amendments may become interminable and the section, and are thereby prevented from we cannot get to -a second reading. But if offering all further amendment to it. we are allowed to call the previous question, The PRESIDENT. Vote down the previous to operate first upon the amendments and question, and then the section is again open then upon the main question itself, it seems to amendment. to me that the force and effect of that is Mr. HENKLa. If that can be done I am merely to adopt the report upon the second satisfied with the rule. reading, and therefore to pass it over to a Mr. CLARKE. After the call for the main third reading, when we may adopt it in the question has been sustained by the House Constitution. The effect is to say that no can you vote it down? further amendments shall be offered; and it The PaRSIDENT. Not after the previous therefore will put an end to the interminable question has been ordered. offering of amendments as well as debate. I Mr. HENKLE. That is the difficulty I have think that coming to a vote upon a clause or upon this subject. Suppose you have a para section by the previous question is only ticular article under consideration, A. in his doing that in a direct way which is done great haste to get his peculiar views incorotherwise by tacit acquiescence. When you porated upon it, gets up and offers an amendcome to the main question after voting upon ment; B., equally in a hurry to have his amendments, you simlply adopt the report views incorporated upon it, gets up and proupon its second reading and pass it over to a poses an,amendment to the amendment; third, declaring thereby that no further then the power to offer amendments ceases amendments shall be adopted. Therefore, as both the amendments are objectionable to the I understand it, this is the ordinary rule of majority of the House, and the section or legislative proceedings which the amendment article itself may also be objectionable; yet, -provides for; and I am entirely ready to vote under this rule, the previous question may be for it. I do not see how its adoption can lead called, and you vote first upon the amendto any confusion at all. We may upon any ment to the amendment, then upon the question that may arise here, whether of a amendment, and finally upon the article political character or not, want to get at the itself; and thus you close up the door to all end of amendments and the end of the ques- further amendment. tion, and pass it over to a third reading; and The PRESIDENT. The Convention can vote I:humbly conceive that unless there is some down the call for the previous question, and rule of this description, we can never arrive have the power to amend as before. at that result. Therefore, while I want every Mr. CLARKE. Before you vote upon the matter to be fully considered here, and want amendments, you have first to order the preto give the utmost indulgence consistentwith vious question. If the call for the previous the proper dispatch of business, while 1 ad- question is sustained, then you mnust proceed mit that I have no doubt that the intentions to vote under it; and until the previous of the gentleman, as he has stated, are pure, question is exhausted no motion is in order and that he does not desire to squander the to vote it down. time away more than any other member, yet Mr. DANIEL. You can move to reconsider. I think the power has been wisely invested in Mr. HENKILE. That will be more trouble all political and legislative bodies, upon all than to adhere to the old rule. subjects, whether political or otherwise, to Mr. HEBB. When the previous question is 116 called, and that call is sustained by a major- Chair itself may understand it; so that there ity of the House, that signifies that the may be no difficulty; so that when the preHouse is ready to vote upon the subject. vious question is called upon the second readThe effect of the previous question is merely ing of any subject matter before the Convensaying that the House is ready to vote upon tion, and the call for the previous question is the proposition before them. My amendment sustained, there may be no doubt whether we goes further than the rule which formerly are required to vote upon the main question, prevailed in Parliamentary bodies. Formerly which is the second reading of the subject the rule was that ordering the previous ques- matter before the Convention. If the judgtion caused the House to drop all amend- ment of the Convention is that it relates only ments, and take a vote upon the main propo- to amendments, then I shall like the idea sition. But my amendment, like the rule of very well. But if that question is not settled the House of Representatives, allows you to now, it will create difficulty hereafter. If vote upon the amendments, and then upon the operation of the proposed rule upon the the main question. previous question is to cut off all debate and Mr. KENNARD. I would say a few words I bring the house to a vote upon the pending upon this subject before the vote is taken amendments, and then have the article go upon the amendment. When the subject over to the next reading, I think it will be a of the previous question came up in the very good rule. The previous question in the committee for consideration, I was inclined 1form reported by the committee, has difficulto adopt the rule in force in the House of ties about it, as has already been stated. It Representatives, and which I believe is in would open the gates to an interminable cursubstance incorporated in the amendment rent of amendments, and no one could tell submitted by the gentleman from Allecany, when it would stop. Under the operation (Mr. Hebb.) But upon a further review of of the rule reported by the committee, the the application of the rule upon the pre- Convention can immediately cut off all devious question as so constructed, and so uni- bate upon pending amendments, but it would formly and generally applied everywhere in not be within our power to cut off other all legislative bodies, one of my colleagues on amendments upon which debate would arise the committee, the gentleman fiom Prince i until the previous question is again applied. George's County, (Mr. Clarke, ) said that that Hence I prefer the substitute of the gentleman rule would not apply to a subject matter from Allegany (MIr. Hebb) if it be underunder consideration on its second reading. stood that the action of the Convention, when That raised a difficulty in my mind in refer- we come to vote. will be not upon the main ence to the application of the previous ques- proposition, but upon pending amendments. tion in the form in which I preferred it. Mr. CLARKE. Before the question is taken The gentleman said that according to his i upon this amendment I would like to submit late legislative experience, the main ques- I an amendment to the amendment; to strike tion could not be called upon a bill or | out after the word "debate," in the fifth other mrn tter upon its second reading; that line, the words "and to bring the Convenwe could not vote upon the main question; tion to a direct vote upon pending amendand hence the operation of the previous ques- ments, and the special matter to which they tion under a rule so constructed could not I relate;" and insert-" and to brin(gthe Conhe applied. That was one of the reasons why vention to a vote upon pending amendments, I consented to the rule upon the subject as and the clause of the Constitution then under reported here from the committee.' When consideration." Instead of leaving the matthat rule was presented to me for co nsidera- ter indefinite as the proposition now stands, tion, it appeared to my mind to be a very my amendmnent simply defines how the pre-, novel rule, and one which I feared the Con- I vious question is to be understood, and what vention would not understand; I did uot my- the Convention is to vote upon; that is, the self understand it as clearly and distinctly as previous question is to be exhausted by first I could have desired. But the gentleman taking the vote upon the amendments, and advanced some very good reasons for it; and then upon the clause of the Constitution unI myself submitted it to the judgment of sev- der consideration. eral members of the Convention who from Mr. STOCIaBRIDGE. If I understand the their experience I considered competent to amendment of the gentlcnman from Prince judge concerning( it, and they stated that George's (Mr. Clarke) it is simply to substithey thought the.rule would answer the pur- tute the word'' clause " for the words " spepose, I therefore consented to report it to the cial matter." Conventidn.I Mr. CtARKE. Yes sir. For instance, supAll I have to say is this: I prefer the pre- pose the Court of Appeals is the special matvious question as it is really applied in all ter under consideration. According to my legislative bodies, and I would like to have construction of the amendment by the gentlethis imatter fully settled now, so that the man from Allegany (Mir. Hebb) we would minds of the members of this Convention be compelled to vote upon the whole propoma) be fully informed upon it; so that the sition in relation to the Court of Appeals. I 117 would move to insert the word "section," if State. I know the previous question has the gentleman would prefer it. unever applied in this way in tile House of Mr. HEBB. I think the term " special mat- Delegates, because while considering a subject ter;' brings it down to a more narrow com- upon its second reading the deliberative body pass than the word "section " or " clause," so considering it is engaged in perfecting the for a section or clause may embrace several subject under consideration, and tfir and amspecial nmatters, pe opportunity is always given in a deliberaMr. CLARKE. I move to amend the amend- tive budy for such consideration. But as the ment by striking out the words " special mat- rule here now stands it provides for the opeter" and inserting "distinct proposition. " ration of a clear, unqualiied ad despotic Mr. EBBa. I suppose it will always be for gag rule, to be applied by the votes of a'lere the Chair to decide what is the special matter majority. I undeistand it has been indicato which the amendments relate. ted by gentlemen upon the other side that The PREsIDENT. It will be for the Presi- such a rule as this is in operation in the dent to decide when the question comes prop- House of Representatives. I ant not clearly erly before him. advised upon that subject. But I know it Mr. SCOTT moved to recommit the rule does not apply in the Senate of the United under consideration to the Committee on States, for there the previous question cannot Rules; but at the request of several members, be moved upon either the second or third he withdrew the motion. reading. Nor is such a rule known in the Mr. CLARKE. I think my amendment will Senate of Maryland, and it never has been render the rule more certain and explicit. known in any deliberadive body in this State The term " matter " I think may embrace a before. But if the object of this Convention great many propositions. I therefore move now be to apply, for the fist time in this to insert "distinct proposition " in place of State, this rule to the deliberations of this'special matter. " Convention, it setms to me that we have not The question being then taken upon the properly considered the effect of its adoption. amendmlent to the amendment, it was not For what are we assembled here? We are agreed to. assembled here to perform t grave and im-'The question was then stated to be upon portant workt one NN hich might well demnand the arnendment of Mr. HEBB. the highest statesmanship of the greatest inThe reading of the amendment was called tellects of' the land.'And if' upon the imfor, and it was P;ead as follows; pulse of the moment —and gentlelmen who Strike out Rule 54, and insert the follow- have had experience in bodies like this know ing as Rule- 54: what slight circumstances somietimues coitrol " The previous question shall be always in their action-if upon the maere whim of a order in Convention, and shall be in this bare majority of this body, all debate and ibrm:' Shall the main question be now discussion Inay be cut off anld no opportunity put?' It shall only be admitted when de- allowed for any deliberation upon the promanded by a majority of the members present, positions that niay be before us, what guarand its effect sthall be to put an end to all de- antee have the minority of this body that our bate, and to bring the Convention to a direct right will be respected? The previous quesvote upon pending amendments, and the spe- tion was originally designed to cut off un(ial matter to which they relate. On a mo- necessary discussion; not motions to amend tion for the previous question, and prior to imperfect propositions under consideration. the seconding of the same, a call of the Con- I am satisfied there is no committee, to which vention shall be in order, but after a ma- has been referred any article of the Constitujority shall have seconded such motion, no lion, who are infallible, and I know this Concall shall be in order prior to a vote upon the vention is not likely itself to be infallible in main queslion; and on the previous question its conclusions. Yet we have brought ourthere shall be no debate." selves deliberately and conclusively to this Tie question being taken upon the amend- point, that we put it into the power of a inament, it was aCopted. jority, at any time to cut off all motions The PRESIDENT. Are there any further to amend any proposition we may have amendments to be offered to this rule? before us for consideration. I say it is the Mr. B3iscoE. As I understand the opera- firet time that any deliberative body in this tion of the rule which has just been adopted, State has ever brought itself' into this condiit cuts off all amendments upon the second tion. 1 do not say it complainingly, for I reading. Any member upon this floor, when am willing to take the consequences of' it. any article of the Constitution is under con- But it seems to me that we are establishing a sideration, can call the previous question, precedent, and 1 think we ought to act cauand if the call is sustained that will cut off all tiously and deliberately in doing so; and debate and bring the House to a vote upon rather than we should undertake to do it the whole subject matter. Now that seems now, I will renew the motion of the gentleto me to be entirely opposed to all the pre- man from Ce(il, (,Mr. Scott,) to recommit cedents established by the Legistlature of this this rule to the Committee on Rules. 118 The question having been taken upon the believe any gag-law will be applied, or any motion to recommit, it was not agreed to. improper effort made to cut off the minority Mr BRuISCO. I move, then, to amend the of this House from fully debating any proporule by adding to it the following:- sition which may come before us for consid" But the application of this rule shall not eration. Who is responsible for the result of apply to reports or articles under consider- our action here; or the result of the action ation upon their second reading." of any deliberative body, but the majority MIr. STOCKBaIDGam. I rise to a question of of the body? Is it not the interest of the order; that an amendment to this rule can- majority-if I may use the term-to see that not be received at this time. The time to its legislation is properly perfected before it have offered this amendment was when the goes before the people? Is it not for their amendment of the gentleman from Allegany interest more than for the interest of the (Mr. Hebb) was before the Convention. But minority to see that proper clauses are put that amendment having been adopted, it is into the Constitution, and proper considernot now in order to move to amend it. ation given to amendments, or any other Mr. BaiscoE. The amendment of the gen- matter considered by them, before it goes tleman from Allegany now stands substan- befbre the people for their approval? Then tially as the report of the committee; it is the majority of the House being responsible in totidem verbis the report of the committee, for the action of the I-louse, and not sitting and is susceptible of amendment. I am not here to finally act upon the Constitution they disposed to press my amendment, but I will are instructed to prepare, that final action offer it. being for the people who are to pass judgThe PRESIDENT. The President, is of the ment upon our work, that should remove all opinion that while the report of the com- ground for the imputation, even by inference, mittee is betbre this body for consideration, that the members of this House, or a majorbefore the body proceeds from the consider- ity of them, will seek by improper means, to ation of any one rule to another, it is comn- cut off debate before any matter has been petent to amend that rule in any-form. The properly considered. Chair therefore rules the point of order of The gentleman from Calvert says that the the gentleman from Baltimore city (Mr. effect of the rule we have adopted will be to Stockbridge) to be not well taken, and that put it in the power of a majority by the prethe proposed amendment is in order. It is vious question to cut off debate upon amendtrue the amendment of the gentleman from ments, and make us vote upon the main Allegany (Mr. Hebb) has been adopted, but proposition. Now let us reverse his proposithe Convention not having yet passed from tion, and suppose that that is not done, then the consideration of' that rule, it is suscept- the reverse will be true, that we will put it in ible of further amendment. the power of the minority of this House to Mr. DANIEL. Before this amendment is propose interminable amendments and have voted upon I desire to make a remark or two interminable debates. If the proposition of in reference to what has been said by the the gentleman is true that by the adoption of gentleman from Calvert (Mr. Briscoe.) In this rule we put it in the power of the mathe first place it seems to me that the effect jority to cut off debate and bring us to a vote of the gentleman's speech is a direct impu- upon pending amendments, then the reverse tation upon the majority of this House. is true that it' some such rule as this be not Mr. BRISCOE. If the gentleman will permit adopted it will be in the power of the mime, I will simply say that I disclaim any in- nority to offer interminable amendments and tention of intimating that the power, which I keep, up interminable debates. hold has been given to the majority of this Mr. BRIScoE. It will always be in the House, would be exercised under any circum- power of a majority to fix an hour at which stances. I only stated that a power had been the vote must be taken. given to it which heretofore has never been Mr. DANIEL. I am not sure that is so. given to any deliberative body in this State. However, I have said all I desired to say. I did not intimate that the ma'jority of this Mr. BRiscoE. I only wished to correct the House would exercise that power; far be it conclusion to which the gentleman seemed to from me to intimate anything of the kind. be arriving. So far as parliamentary rule is Mr. DANIEL, I accept the gentleman's ex- concerned, the language I used does not in planation as to what he intended. But I fact lead to that conclusion. still say that the effect of' his language is that Mr. CLARKE. I would like to ask the genthis House imay possibly use some gag-law to tleman from Baltimore city (Mr. Daniel) this exclude proper amendments, and proper de- question: If it is insulting to the majority of bate and consideration. Notv I disclaim this House to say that they-may exercise this any such intention for the majority. So far power, then why does that majority seek to as I have heard members speak upon any of obtain such a power? Now if tie amendthese questions, they have evinced a desire to ment of the gentleman fiom Calvert (Mr. allow full and fair opportunity for consider- Briscoe) is adopted, you can order the preation. Therefore it is that I say I do not vious question under therulealready adopted 119 by this House, and it cuts off debate and sition. I think the amendment now submitbrings you to a direct vote upon pending ted to the Convention ismuch more objectionamendments. Then if another amendment is able than the other, and I hope it will be offered it is perfectly competent to call the withdrawn. previous question upon it and stop debate. Mr. THoMAS withdrew his amendment. So that if you adopt the amendment of' the No further, amendment being offered to gentleman from Calvert, you will have full Rule 55power to stop debate when you desire. The Mr. CLARKE said: I offer the following as only effect of' his amendment is not to deprive an additional rule; the House, after voting upon any direct pro- " Rule 56. It shall be a standing order of position to amend, of the power to make any the day, throughout the session, for the Confurther amendment it may desire. I would vention.to resolve itself into a Committee of like the gentleman from Baltimore city (Mr. the Whole on the condition of the State." Daniel) to answer the question I put to him. I desire simply to say that when we had Mr. DANIEL. All I have to say is, that under consideration the rule in reference to while the majority of this House do not want the Committee of the Whole, and an amendpower to be used improperly, they do not want ment was offered to the report as it came from to deprive themselves of the power to cut off the committee, requiring a majority of the improper debate and improper amendments. members present, when any subject was under Mr. KENNARD. While the minority do not consideration, to take the Convention into seem willing to trust the majority, the major- Committee of' the Whole upon any subject ity are willing to trust themselves. matter, the statement was made that that Mr. I-HEBB. I hope the amendment will not conformed to the rules of the House of Reprebe adopted, as it will destroy the whole effect sentatives. So far as it goes it does conform of the amendment submitted by myself, and to those rules; but the point was taken at which this Convention has adopted. I only that time that there was also a rule of the rise, however, for the purpose of informing House of Representatives which makes it a the gentleman from Prince George's, (Mr. standing order of the day that the House Clarke,) that he will find on page 81 of the should resolve itself into a Committee of the Rules of the House of Representatives, the Whole on the State of the Union. The masame rule we have adopted here. He will jority here have intimated that they only also find on page 305 of the Journal of Pro- desire to apply the same rules to this Convenceedings of the Convention of' 1851, of this tion that apply to the House of RepresentaState, the identical words of my amendment, tives. I therefore offer this rule, as being which was then submitted to that Conven- precisely in accordance with the rules of the tion; and on page 313 he will find that thile I-ouse of Representatives: and gentlemen will Convention adopted that rule. The practice find that the adoption of this rule, with the in the House of Delegates and in the Senate, report of the Committee on Rules, as amended not to call the previ.us question upon amend- by the Convention the other day, will give us ments, is an exception to the general rule. I the same rules that exist in the House of Resimply propose that we shall be governed by presentatives. the same rule as the House of Representatives. Mr. BRiscos. I will simply state that I The question being taken upon the amend- shall vote for this additional rule, because, ment submitted by Mr. Briscoe, it was not although so far as the rules of the House of agreed to. Representatives of the Congress of the United Rule 55 was then read, as follows: States are concerned, they do admit of the "No standing rule or order shall be re- previous question being called upon amendscinded or changed without one day's notice ments offered upon the second reading of a being given of the motion therefor." bill, yet the minority there has the privilege Mr. THOMAS moved to amend by adding the of going into Committee of the W hole at any following: time, and while in Committee of the Whole "' And a majority of the members present it is not competent to move the previous shall be sufficient to rescind, alter or change question. Therefore, so far as that rule apany standing rule or order." plies to the House of Representatives, it is Mr. STOCEBRIDGte. I would suggest to the perfectly harmless; otherwise I have no doubt gentleman that his amendment does not pro- the rule of the House of Delegates would be pose to change one particle the rule as it applied to the House of Representatives. now stands. Mr. DANIEL,. I rise to a point of order. Mr. THOMAS. It makes an addition to it. We have already adopted a rule that it shall Mr. Biuscos. The rule already adopted require a vote of the majority of the members relates only to the suspension of the rules; present to go into Committee of the Whole. but the proposition of the gentleman fromn It is therefore not in order now, before we Baltimore is simply to nullify the very work I get through, to offer an amendment estabwe have just done. To rescind is to destroy; lishing a standing rule that the Convention to suspend a rule is merely to defer its opera- shall, each day, go into Committee of the tion so far as it relates to the pending propo- Whole without any vote. 120 The PRESIDENT overruled the point of order. ber3 present, and it is then no longer the rule Mr. CLAutRE called for the yeas and nays of' this House. This Convention will then be upon his amnendment, which were ordered. governed by the only rule which governs The question being then taken, by yeas assemblages of this kind, unless there is some and nays, upon the amend ment of Mr. Clarke, other rule to the contrary; that is to say, by they resulted, yeas 25, nays j0, as follows: a majority of the votes of the members preYeas. —Messrs.. Belt, Berry of Prince sent.'I herefore, in that way, they may obGeorge's, Blackiston, Briscoe, Brown, Cham- tain the assent of this Convention to pass the bers, (Clarke, Crawford, Edelen, Gale, Har- Constitutiol, or any article in it, by a vote wood, flenkle, Hollyday, Johnson, Jones less than that required by the 43d Rule. To of Soimerset, Laudsdale, Lee, Marbury, Mitch- adopt a rule, therefore, requiring a larger ell, Mller, Morgan, Ptarran, Peter, Smith of number of votes, which rule at any timne may Dorchester, Wilmer-25. be repealed by a lesser number of votes, apLNays.-Messrs. Goldsborough, President; pears to me to be rather absurd: to be stultiAbbott, Ainian, Audoun, Baker, Barron, ftying ourselves. It seems to me that in Brooks, Carlter, Cunningham, Cushing, Dan- order to preserve consistency, it is necessary iel, Davis of Washington, Dellinger, Earle, to do one of two things; either to alter the Ecker, Galloway, Greene, Hatch, Hebb, Hoff- language of Rule 43, and make it conform to man, Hopkins, Hopper, Jones of Cecil; Ken- Rule 49, or to alter the language of Rule 49, nard, Ki(ng, Atrkey, McComas, RMullikin, and make it conform to Rule 43. 1 merely AMurray, Negley, Nyman, Parker, Pugh, Pur- suggest this; but I have declined, and shall nell, Robinette, Russell, Sands, Scailey, Schlos- continue to decline, to make any motion upon ser, Scott, Smlith of Carroll, Sneary, Stock- the subject, believing that if I should make bridge, Swope, Sykes, Thomas, Todd, Val- any it would not be acceptable. lianrt, vl ickalrd, Wooden —50. The PRESIDENT. Does the gentleman subSo the amlendment was not agreed to. mit a motion to reconsider? Thle "gLeneral rules defining the several Mr. CHAMBELS. I do not; but I hope some duties of tile Secretaries, Clerks, Officers and gentleman will submit that motion. Employees of the Convention,' were then Air. D)ANIEL In order to reach the matter, read, and no'amendmenlt was offered. I will mrove a reconsideration of the 49th The Pa1:ESnDENT stated the question to be Rule. I voted for the 43d Rule, anld think upon ordering the report of the Committee that it ought to stand. If we reconsider the on Rules, as amended by the Convention, to 49th Rule, we can very easily amenld it so as be engrossed for a third reading, and to be to except the 43d Rule fiom its operation. printed. The question being then taken, by a diMr. CHAMBERS. I would ask the attention vision, upon the motion to reconsider the 49th of the Convention to one thing' in this system Rule, it was not agreed to, ayes 31, noes 37. of rules, for I think that there are two of The PRESIDENT. The Chair wvould say that them that involve an entire contradiction: there is, very clearly, a conflict between these Rule 43 provides- two rules. " The question on the adoption of any ar- AMr. PuGH. I understood members, yesterticle shlall always be determined by yeas and day, to vote against every anlendment of nays, which shall be recorded on the journal; Rule 43, upon the very ground that it could and unless it shall thus lappear that-a majority be suspended by a vote of a majority of the of the whole number of members elected to members present. ihe Convention have voted in the affirmative Mr. CLARKE. When the gentleman from the article shltall be declared rejected." Somerset (Lir. Jones) submitted an amendBy thlat rule the affirmaltive votes of 49 ment, yesterday, to the 49th Rule, to except members are required to adopt any article of Rule 43 from the operation of this suspenthe Constitution or of the Bill of Rights. sion, I think I stated then that I did not Then you have rule 49, which was amended regard Rule 49 as applying to Rule 43, which yesterday, on the motion of' the gentleman prescribed a definite number of votes upon from Baltimlore city, (Mlr. Stockbridge,) by the fiJal passage of any article in the Conwhich Rule 43, or any other rule, may be stitiltion, and I certainly understood thlePressuspended by a vote of three-fifths of the ident of the Convention to assent to that members present. Rule 43, therefore, may construction, that although Rule 49 might be suspended by the votes of 31 members. be adopted, still Rule 43 governed tile action The consequence will be that when the ques- of the Convention upon the adoption of artition comes up before the Convention, as to cles of the Constitution, and could be changed the final adoption of any article of the Con- only in the manner prescribed by Rule 55. stitution, or even the entire Cqnstitution, and Mlr. JONES of Sorrerset. And it was upon it is found that the votes in favor of it are that statement that I withldrew my proposinot equal to the requirements of this 43d tion to amend. I did not suppose that it was Rule, all that will be necessary to be done to the intention of the Convention to put it secure its adoption will be to suspend that within the power of any mere lmajority of a rule by the votes of three-fifths of the mem- quorum to rescind or suspend that rule, 121 Still, in order to avoid any squabble hereafter Mr. STOCKBRIDGE, who said: I shall move about the construction of Rule 49, I moved to-morrow morning to reconsider the vote of to except Rule 43 from its operation. But the Convention this morning directing a payupon the explanation of the gentleman over ment to be made to a certain page named. I the wa.y, (Mr. Clarke,) I withdrew my desire merely to give notice now, inorder that amendment. no action may be taken under that vote. Mr. PUGH. I do not doubt the statement Mr. VALLIANT. I have a report to make of the gentleman; I know that was what from the Committee on Reporting and Printoccurred. But I also know that some mem- ins, accompanied by a few orders. I am unbers who voted against amending the 43d informed as to when it is the proper time to Rule, did so upon the ground that it could send that report up to the desk of the Secrebe suspended by a vote of the majority tary. I endeavored two or threetimes yesterpresent. day to present it, but it never was in order. Mr. HEBB. I suppose if any member. who I would ask if it would now be in order for voted in the negative upon the proposition of me to make this report. my. colleague (Mr. Thruston,) yesterday, The PRESIDENT. That report is not now in will move a reconsideration of that vote, this order. The report of the Committee on the matter can then be reached. Bill of Rights is now before the Convention, AMr. KENNARO. Upon a review of this Rule and some disposition of it must be made, be49, 1 really must confess that I do not myself fore any other subject will be in order. see the necessity ot it, considering the pro- On motion of Mr. DANIEL, visions we have adopted in previous rules in The Convention adjourned. regard to their suspension. For instance, the rules provide for separate readings of re- SIXTEENTH DAY. ports and resolutions, unless otherwise or- ATURD, ay 21, 1864. dered, I therefore do not see the necessity of this rule, unless it is understood to apply only The Convention met at 12 M. to the order of business. It might be modi- Prayer by the Rev. Mr. Owen. fled to read thus: "Any rule in relation to The roll wras called and the following memthe order of business may be suspended when bers answered to their names: demanded by three-fifths of the members Messrs. (ioldshorough, President; Abbott, present." It would not then conflict with Annan, Audoun, Baker, Berry of Prince the other standing rules of the Convention. George's, Billingsley, Blackiston,. Briscoe, I did not myself contenmplate, when reporting Brown, Carter, Chambers, Clarke, (Crawford, this rule, that it should relate to any sub- Cushing, Daniel, Dellinger, Earle, Ecker, Edstantial rule of this Convention. elen, Gale, Golloway, Greene, Batch, Hebb, The PRESIDENT. The Convention having I Hoffman, Hollyday, Hopkins, Hopper, Jones refused to reconsider, there is no motion be- of Somerset, Keefer, King, Lee, Marbury, fore the House, and therefore debate is not in Markey, AMayhugh, McComas, Miller, Morgan, order. Of course this subject will be left to Mullikin, Murray, Negley, Nyman, Parker, the determination of the President, when it Pugh, Purnell, Robinette, Russell, Schley, comes up properly for his decision. Schlosser, Scott, Srith of Carroll, Sneary, The question was then stated to be upon Stockbridge, Swope, Thomas, Thruston,Todd, ordering the report of the Committee on Valliant, Wickard, Wilmer, Woodtn-63. Rules, as amended, to be printed and en- The proceedings of yesterday were read and grossed for a third reading, which was or- approved. dered. IMMIGRATION OF'FREE NEGROES AND MULATTOES. ORDEn OF BUSINESS. The Convention resumed the consideration The PRESIDENT stated that the next subject of the following order, submitted by Mr. in order was the report of the Committee on Clarke% on yesterday: the Bill of Rights, which came up as the order Ordered, That the Committee on the Legisof the day. lative Department be instructed to inquire into Mr. CUSHING moved that the order of the the expediency of inserting the following arday be postponed until to-morrow, and made tides in the Constitution: the order of the day for one o'clock. 1. No free negro or free mulatto shall come Mr. BARRnnoN moved thatitbe postponed un- into or settle in this State after the adoption til Monday next, and made the order of the of this Constitution. day fbr that day at one o'clock. 2. All contracts. made with any free negro Mr. DANIEL. I do not see the necessity fobr or free mulatto coming into the State contrary any motion to postpone. If we adjourn now to the provisions of the foregoing section, shall it will come up to-morrow as unfinished bus- be null and void; and any person who shaal iness, after we shall have got through the other employ such free negro or free mulatto, or regular business. I therefore move that this otherwise encourage him or her to remain ia Convention now adjourn, the State, shall be fined in a sum not less than The motion to adjourn was withdrawn at fifty dollars, nor more than five hundred dolthe request of lars for each offence. 9 122 3. All fines which may be collected for a the attention of this body with any proposiviolation of the provisions of this article, or tion not of a serious character; and that il any law which may hereafter be passed for the offering this proposition I did it in real and purpose of carrying the same into execution, true earnest, and as embodying what, in my shall be set apart and appropriated for the col- humble judgment, I regard as the true policy onization or removal beyond the limits of the to be pursued by the State of Maryland in State of such negroes and mulattoes and their reference to the class of persons referred to in descendants as may be in the State at the adop- these proposed articles. tion of this Constitution, and-may be willing The gentleman intimates that it is the to emigrate. height ot folly for gentlemen coming from 4. The General Assembly shall have full our section of the State to offer and advocate power, and it is hereby made the duty of the such a proposition as this. Now, as I resame, to pass all laws necessary to carry out marked yesterday, I had not intended to effectually the provisions of this article. open my mouth "'pon this subject, but exThe question was upon agreeing to the pected that, just as has been done witl. all order. other orders of inquiry, it would have gone Mr. ABBOTT. I presume the gentleman from to its appropriate committee- the Committee Prince George's (Mr Clarke) in ofibring this on the Legislative Department. Still, if genorder, could hardly have been in earnest. tlemen wish to makea contest upon this quesUpon looking over the order, and: considering tion at this stage of it, I am as willing to the section of the State from which the gen- meet it now as at any other time, although I tleman comes, and that at this time they are did not propose to discuss the question now more in want of labor than anything else, I at all. can hardly think t.le gentleman was in earnest I would say further, in reply to the genin offering this order. If, however, he is in tleman, that this does not contemplate the earnest, I can only say that I must vote removal from the State of Maryland, except against it, unless he will permi't some amend- by his own consent, of a single free negro ments to be made to it. now in this State; nor does it contemplate One reason he gave yesterday for offering the removal from the State of a single one this order, was that the people in his section who may be freed, if a Constitution freeing of the county were afraid that they were'go- negroes should be adopted, unless he may ing to be overrun by this class of free labor. hereafter be willing to emigrate from the Now I can tell him that the people in the city State. And under this article, if it should of Baltimore are afraid of no such thing. be adopted, you would still have remaining We have in our city in the neighborhood of in the State, and without the State under30,000 people of that description, and they taking to remove one of them save by their make some of the best laborers we have. voluntary consent, something like I50,000' or They are industrious, and I do not know that more free negroes and mulattoes. they have given us any more trouble, in re- Now in reference to their stealing, and all gard to breaking our laws, than any other that, I will not go into a discussion of that class of our community. And I believe that subject now. In Baltimore city it is probaas a general thing they are quite as indas- ble that they steal only a little ham and batrious. It is true they will steal a little at times, con. But then they have their clerks in but then only a meal of victuals, a ham, or their stores to watch their property, and they something of that kind. I certainly do not also have their police on the lookout. But in think we are in any danger from those we now the country we are a little more unfortunate. have among us, and I apprehend that we will They steal there somiething more than a little be in no danger from any number of them ham and bacon. They will go off to Washthat would be likely to come among us; cer- ington city and take along with them 15 or tainly not in near so much danger from them 20 or more valuable sheep, and put themas we are from another class of people, whom selves under the protection of the military I wish to include in this order. I, therefore, authorities. They drive off your horses, and move to amend by inserting in the proper carry off wagon-loads of tobacco; they go place the words, "or any person who sympa- into your corn-fields at night and pillage thises with the rebellion of the Southern them, and if we are overrun with this class States," so as to include them among those to of people, the free negro will have an opporbe hereafter prohibited from coming into this tunity to destroy more in the night than the State. If the gentleman will accept that white man can make in the day. amendment I will vote for his proposition; Not only that, but there is this other reotherwise I must vote against it. flection. No danger at all! How many free Mr. CLARKE. In reply to the gentleman negroes now-or how many negroes, T do from Baltimore city (Mr. Abbott), I will sim- not know whether they are free or notply state that although my acquaintance with that is a question upon which I do not now the members of this Convention has been propose to express any opinion —but how very short, they will find that it is not my many negroes are there now within the comhabit, and will not be my habit, to engage pass of ten miles around Washington city? I 123 have heard the number estimated at some- that it could not be brought into competition thing like 150,000 or more. Now fail to with free negro labor; and to prevent the adopt such a provision as I propose, asfsoon bringing down of the white man, if not to a as the people of the United States, already political equality, to at least an economical heavily burdened with taxation, fail to sup- level with the negro, where, in order to susport that 150,000, they will be compelled to tain himself and his family, he will be comseek labor; they must live. And will they pelled to work upon the same terms with not come among us 150,000 strong or more? the negro. And if things are to go on as they have been I will close by saying to the gentleman going on, the number may reach 300,000; from Baltimore city, (Mr. Abbott,) that he and the first influx will be into the coun- may offer what amendments he chooses to the ties nearest Washington; Howard, Prince proposition, which I offered in all seriousness. George's, Montgomery and Washington This Convention may throw it out or not, as counties. they choose, now it is here. But this ConI say, Mr. President, this is one of the vention, unless there shall be some rule gravest propositions which this body will be adqpted here to prevent it, will be brought to called upon to consider and decide. The ma- a vote upon this proposition before it adjourns. jority of this House may choose to take the Mr. CUSHING. I would like to enquire of responsibility of smothering this order now, the gentleman from Prince George's, (Mr. and prevent it from going to the committee. Clarke,) how he proposes to meet a difficulty I have offered it in all seriousness, that it which will arise under his first article, in remight go to a committee In order that we lation to negroes which may be sent here in might have the benefit of their views and the the United States' service, and I would also views of other gentlemen upon it. I do not like to enquire why the provisions of this care, however, whether it goes to a commit- order are made to apply to mulattoes, and not tee or not. But before this Convention ad- to quadroons and inestees? journs this article shall be offered by way of Mr. CLARKe. W hen I offer an order of this amendment to the report of the committee on sort, I do not profess to undertake to arrange that portion of the Constitution, if I have the in every respect, articles of the Constitution power to do it; and the yeas and nays shall as they should finally be adopted. As I said be called upon it, so that, if the people of this yesterday, to the gentle nan from Howard, State are hereafter overrun by this class of (Mr. Sands,) I do not profess that the orders people, they may know who are responsible I offer are perfectly complete; I came here to for it. If this State shall be overrurn by be informed; I want the committee to enthousands and thousands of these people, you lighten rue if they can. I am willing to adopt will not only have brought them into compe- any amendments that may be proper, and tition with the white man, bult you may have I probably will accept any suggestion the genmen getting up before the people of this State, teman (Mr. Cushing) may make, to except as is now done in the Senate of the United those in the service of the United States. I States, where it is proposed to give to negroes only want the benefit of the judgment of the in Washington city the right of suffrage; you committee, and the reflection of members may have the same proposition made in the upon the proposition. That which I have ofState of Maryland, and made an engine of fered is something for the consideration rapolitical power. I know not whether it is ther than a perfect proposition, for I do not going to succeed or not. No, sir, the people arrogate to myself the ability to offer such to of this State are not prepared for it now, and this House. no man will dare now to avow any such pur-,Mr. CUSHING. The gentleman in the first pose. But there is nothing like stopping part of his order says: such a thing at the very outset. I propose to "'Ordered, That the Committee on the Legnot let these people come here. I propose not islative Department be instructed to inquire to allow parties, who may hereafter attempt into the expediency of inserting the following to control the political destinies of this State, articles in the Constitution." have that class of people in such strong Thereby presupposing that the identical numbers to work upon. If they are allowed words of the proposed articles are those which to come here, and men, for party political he desires to have inserted in the Constitupurposes, succeed in giving them the elective tion of Maryland..franchise, and the white men of Maryland be- Mr. CLARKE. I disclaim any such presupcome virtually enslaved by the negro voting position as that. for and supporting a particular class of white Mr. CusHImN. While I have no suggesmen, it will be one of my proudest memories tions'to make to the gentleman by way of that pending the consideration of the organic amendment; while I have no intention to law of the State, I did what I could to pre- propose any amendment myself, and do not serve the rights and liberties of white men, intend to express any opinion upon the proto keep the rights and liberties of white men priety or impropriety of referring this to the under the control of white men; and to keep committee, still for the purpose of disemthe labor of white men at such a standard barrassing the minds of the committee, 124 should it be referred to them, in their con- with that immense population of free negroes sideration of the subject, I wanted to inquire already upon us, and with Washington city of the gentleman in relation to the first arti- almost within a stone's throw of several cle he proposes. I thought he might not counties of this State; then whenever this have fully considered the effect of that arti- war shall cease, or whenever the status of cle, and my suggestion was for the purpose this class of our population is determined in of enabling him to perfect an order on which some way or other, and those now there colhe evidently prides himself. lected are ready to come in upon us, what, I In regard to the other suggestion, why ask in all sincerity and earnestness, will be confine this to the mulatto alone? Why our condition? should there be any more difficulty in the I do not propose at this stage to discuss mind of the gentleman in regard to giving this question in all its bearings and in all its the mulatto an equal privilege to labor with details. But something has been said by the the white, than there is in allowing an equal gentleman from Baltimore city (Mr. Abbott) privilege to the quadroon, or any other per- about the peculiar habits of this class of popson having the taint of negro blood? I also ulation in that city. Now it is very different want to know by what process of inquisition in Baltimore from what it is with us in the he proposes to find out whether a person is a country. There you have your police officers mulatto or not? Some of these persons are at every turn and corner of the streets. And so white that it would require an anatomical the free negroes there, whether they are or and physiological examination to determine are not of a better class than those we have whether they are mulattoes or not. My sole in the counties, have not the same opportuniobject was to ascertain whether the gentle- ties or nieans of indulging their peculiar habman had'presented a proposition to this Con- its of thieving and robbing as exists in the vention in a shape which he considered per- sparsely populated rural districts. The genfeet. tleman says that with them they steal only a Air. CLARKE. Certainly not; merely a sug- little ham and bacon. But allow this flood gestion. of free negroes to overrun us in the counMr. EDELEN. Before the vote is taken I ties, and what protection or security shall we desire to present my views briefly upon this have for our meat-houses, our pig-sties, our subject for the consideration of ti:e Conven- hen-roosts, or even the corn in our fields? tion, and first in reply to the gentleman who In reference to the question of labor I have has just addressed the Convention, (Mr. Cush- this to say, that it is true that in our part of ing.) He will find that this word "mulatto" the State we are sadly in want of labor. is not an expression new to the laws of Mary- Judging from the facts as they now exist, I land, and the process by which it is to be de- have no hesitation to say that a great deal of termined who is a mulatto and who is not, I our grain and harvests now growing will fall would suggest to him is for the courts. If ungathered to the ground, for want of the this provision is incorporated into the Con- necessary labor to save it, Yet although my stitution of Maryland, the question will come constituents are suffering in this way, alup on an indictment; and it will then be for though 1 myself am personally interested to the courts to say whether the party on trial such an extent that it might be supposed that comes within the designation of''free negro private interest might induce me to seek for or mulatto " or not this class- of labor, I feel that it would be Now, sir, we all know thatsince 1839 there like giving to a patient a stimulating draft has existed upon the statute-book of this which, while it might afford temporary reState a provision prohibiting the immigra- lief, would leave him in a more hopeless contion of free negroes from any other State, dition than that in which he was before. territory or district. And the reason,vhy We must look far into thejfuture; we are this subject addresses itself with tmore force not legislating for the present only. We must to our consideration at this time; why such shape our action on all these questions that a provision as this should be incorporated are presented for our consideration, in such a into the organic law of the State, is because way as to secure the most permanent results of the peculiar circumstances by which we are for good. We have in the action of other now surrounded; the circumstances adverted States precedents to justify our engrafting a to by the gentleman from Prince George's provision of this kind in the Constitution. (Mr Clarke) in his argument yesterday, and and where, too, they were not surrounded by also referred to by him to-day. The tables of the peculiar circumstances that attend our the cen sus of the United States show, that the present position. Gentlemen of this ConvenState of Maryland, one of the smallest States tion will find upon examination that Indiana in this Union, has now within her borders a incorporated a similar provision in her Confree negro population exceeding that of the stitution. And a similar provision was engreat ElmlpireState of New York. Why is this? |grafted upon the Constitution of Illinois, but Is it not because there is something peculiar in I believe it failed to be ratified by the people. the climate and soil of the State of Maryland Mr. JONES of Somerset. It was ratified by that invites their immigration here? Now Ithe people. 125 Mr. EDELEN. I was not aware of that, but is but respectful and proper that every quessupposed it had been rejected. Now one tion of this sort should go to"a committee, word in reference to what may be said about especially as all other questions have gone- to the hardship of this thing. That argument, committees as a nmtter of reference and I it seems to me, is entirely met by the friamer I will vote to refer this, as I shall vote to refer of this article when he provides that — any other proposition hot disrespectful to this'" All fines which may be collected for a vio- body. I now call for the previous question. lation of the provisions of this article, or any Mr. ABBOTT asked the gentleman to withlaw which hereafter may be passed for the i draw the call for the previous question for a purpose of carrying the same into execution, few moments. shall be set apart and appropriated for the The demand for the previous question was colonization or removal beyond the limits of accordingly withdrawn. the State, of such negroes and mulattoes and M r. ABBOTT. I did not intend to offend the their descendants as may be in the State at gentleman from Prince George's (M r. Clarke) the adoption of- this Constitution, and may be by doubting his -, I do not know what to willia7y to emnigrate." call it hardly-in offering his order yesterday. There is not one word of coinpulsion in the After. however, listening very attentively to article proposed to be incorporated into the the debate of yesterday, I heard btit one reaorganic law of the State. 1 think that al- son given by him why he wished this order though gentlemen from Baltimore city and to be referred to a committee. That reason. other parts of the State may not be so deeply was the great danger to which his constituinterested in this matter, as those of us are in ents would be subjected, of being overrun by other parts of the State, yet we established a this class of persons, and the great destrucprecedent yesterday, in reference to the sale tion which, in his imagination, would follow. of real estate, and the action of Courts in re- Now, if that he the case, I certainly have no lation thereto, x which should govern us here. objection to the committee examining into Though in my judgment that was entirely and the subtject. But I also wish to include other purely a question of legislation, and not pro- persons fiom whom we are liable to danger. per to be incorporated into the organic law, I submit to the gentleman himself if there is yet it was determined by a majority of this not more danger to he apprehended friom the Convention that it was a proper subject to go class of people included in my amendment to a committee for their consideration; and than there is from the negro. While the although gentlemen he:emnmay dissent firomi negro mightsteal your sheep, the other would the views set forth in this proposition of the steal your horse; while the one lmight take gentleman from Prince George's (;\r. Clarke) the life of a chicken, the other would take I think they should at least permit this order the life of your wife and child; while the one to go to the alpropriate committee for the ne- might steal a fence rail, the other would burn cessary consideration and reflection.. I am down your house. I ask the gentleman if myself serious about this thing, and just as that has not been the experience of people in much in earnest as the gentleman from Prince the territory that has been under the control George's, although the gentleman from Balti- of the class of people to which my amendmore city ( Mr. Abbott) has sought to engraft ment refers. Now do not let us trife with a upon it an amentment notat all germain toit. small matter, when there is one so much Mr. DANIEL.. I rise not for the purpose of greater in which we are all involved. prolonging this discussion, but to bring it to I say that we in Baltimore city are in no a close. I am willing that this subject, as danger from this influx of labor. The genwell as every other, should receive proper tleman may apprehend danger in his county, consideration. But it does seem to me that but wve do not. But we do feel that there is this is not a time to go into the merits of this, danger to be apprehended from the influx of question. I am free to say that I am opposed the very class which I include in my amendto the principle embodied in the proposition ment. If the gentleman will permit my of the gentleman from Prince George's, and amendment to go with his proposition, so shall oppose its adoption when it comes to a that the whole question may be considered, I vote, and may then have something to say am perfectly willing to have it go to the upon it; but at this stage it is merely making committee. I did nrit intend, however, to a long discussion which must all be gone over say or do anything to bring up a discussion again at another time, for whether this is re- of this matter at this time. I simply desired ferred to a committee or not, as the gentleman to get the whole umatter before the committee. well says, he has the right to offer it by way Mr. CLARKe. If the incorporation of the of amendment, and then this discussion must amendment of the gentleman from Baltimore necessarily be all gone over again; and then city (AIr. Abbott) into the organic law of the is the proper time to discuss it, and not now. State of Maryland will effect what he desires, I have therefore risen to move the previous I may possibly vote for it. But as I think question, in order to stop the debate at this that has become a matter to be determined by time. I will say further that I intend to vote the sword rather than by the Legislature, I am for this reference to the committee; I think it perfectly willing to leave it to be determined 126 by that sword which those in authority have tizan purpose that he or any other gentleman determined shall pass upon it. But if the might be imagined to entertain upon the subgentleman insists upon his amendment, I will ject. lMy amendment relates to the very first move to add to it these words-" or any one section of his order, and is only meant to innow living north of Mason's & Dixon's line," dlude what I understand he has expressed a so as to get rid of both extremes, the dis- willingness to accept. That first section now unionists of both sides. reads: Mr. JoNEs, of Somerset. I do not desire to "' No free negro or free mulatto shall come enter into any argument upon this matter. I into or settle in this State after the adoption rise merely to express my amazement at the of this Constitution." manner in which this proposition has been I I propose to add to the section these words: met here. It is to me most extraordinary' Unless such free negro or mulatto be a that gentlemen will talk as they do concern- Federal soldier, enuaged in the military sering excluding free negroes from Maryland, as vice of the United States, or conles into this if they were profoundly ignorant of the fact State by the' authority of the same." that for at least a quarter of a century past, Now so far as the settled policy of this that has been the settled law and policy of State is concerned, to which reference has this State. Why, sir, more than thirty years been madd by the gentleman from Somerset ago the evils of the free negro population had (Mr. Jones) that policy is not necessarily so grown upon the public mind that a law obligatory upon us here. We are here to was passed prohibiting the increase of that consider, and to alter or amend as we may population in Mlaryland by the manumission think best. In regard to the political quesof the slaves then in the State. And more tions to which this matter has given rise, I than a quarter of a century ago, a law waS do not desire to meet them now, and do not passed prohibiting the very thing which the desire at any time to refer to them. But'l gentlemrnan from Prince George's (Mr. Clarke) shall content myself witml offering this amendnow proposes for the Convention to consider. rent, which I trust the gentleaman whvill acHe proposes no new subject for consideration. cept. It is merely the question whether the settled TMr. CLARKE. I am perfectly willing to acpolicy of the State for twenty-five years past cepttheamendment; but I must say I thought shall now be abrogated, the doors be thrown no such provision was necessary, or I would wide open, and the State of Maryland be made have put it i n my own draft of the proposition, the receptacle f'or all the free negroes of the I considered that of course any person in the North. That is the question; whethei this ervice of the United States would have the Convention will submit to the peop'e of Mlatry- rihlit to go through this State. land a Constitution which shall take away Mr. SCHLaEY. I am aware of that, but that these barriers, and notify them that it is to be right might be contested. their fate to be overrun by this class of per- Mr..CLARKE. I have no objection to acsons? I was not aware, before this discussion cepting the amendment. arose, that there was any idea on the part of Tlhe original order was modified accordanybody in this State to open the doors to inglv. the admission of the negro popilatiouninto this AM. MAaARBUY. I desire to make one reState.. I have never met the first man in the mark before this vote is taken. I have a sinsection of the State where I reside, nor in my gle suggestion to make to the mover of this intercourse with gentlemen fioml other parts I order. I approve of this order almost enof the State, who proposed to open the door tirely; but I would like the gentleman to exand let all the free negro population of the cept from its operation negroes who may country come and settle in Maryland if they have left this State. There are a great many choose. I merely desired to state these facts, slaves who have gone off. If this Constitunot to enter into any argument upon the lion shall abolish slavery in this State-if subject. there is anythin g of that kind contemplated, Mr. ScHLEY. I deplore very much the char- which I trust there is not, for I cannot conacter of the amendments which have been ceive that any sane man would ever seek to offered to this proposition. For my own part have that done-but if it should be done, I I am very willing, as I have stated befoire, to ask the gentleman to except negroes who submit the proposition of the gentleman from may have left this State, and may be freed Prince George's, (Mr. Clarke) or any other by this Constitution. I do not understand proposition deserving consideration, to their exactly whether the negroes who have left respective committees, and shall be happy at the State will be considered as having lost all times to favor such reference. their residence here or not-those for inI arose, however, for the purpose of sug- stance who are now in the District of Columngesting an amendment to the original propo- bi, and there are a great many there from sition, which, since this debate has occurred, all parts of the State. If they are to be conI supposed would not only be acceptable to sidered as not having lost their residence the gentleman from Prince George's, but here, then there will be no necessity for the would entirely neutralize any supposed par- amendment I propose. Now I want to pro 127 vide that those negroes may come back. are simply these: this person was a gentleman The characters of those who have left the who had previously discharged certain duties State are pretty well known in the neighbor- as a page for the House of Delegates, how efhoods where they formerly lived; we know ficiently it is not necessary to state. He came those among them whom we can trust, who here, as I understand it, from his home in would not be such burdens to us as others some remote corner of the Eastern Shore of would; who are not such rogues as might the State, I do not know where, for the purcome from other States. The negroes con- pose of procuring the same position in this gregated about Washington I have no doubt body. While here, on that electioneering are the worst of the whole South; they are tour for himself, hardly discharging the duthose who run away.from their masters in ties of a page, but as a part of his general time of trouble, and all of that sort, and I plan of electioneering, he performed for a day do not want any such class in this State. or two, some of the duties of a page. Not But we know the character of those who being successful, I suppose, he returned home, have gone out of this State, and I want them as we have not seen him here since. This is to have the privilege of coming back. an order to pay him his per diem and mileage, Mr. S1oCKBRalGE called the previous ques- amounting to some $50 or $60, on this extion, and, the call being sustained, the main cursion relating to his own business and not question was ordered to be put. for the purposes of this Convention. Now if The question was stated to be upon the he is to be paid, there are several others in the amendment of Mr. Abbott. same category; those are, some from WashMr. CLARKE. I understand the gentleman ington county, one from Carroll county, one from Baltimore city (Mr. Abbott) will ac- from Baltimore county, and I do not know cept my amendment to his amendment. how many more; and after we have paid Mr. ABBOTT. Yes sir, I accept it. them their mileage and per diem for excurMr. NEGLEY. I hope the gentleman will sions relating to their own business, the Connot accept that amendment. I want to vote vention will find that they have wasted quite for his amendment, but I cannot vote for the a large sum of money. I do not think it just other. to do that, and therefore I move that this orThe amendment as modified was then read der be reconsidered. as follows: Mr. TODD. I have no objection to the reInsert in the proper place the words: "Or consideration of that order. I have no perany person who sympathizes with the rebel- sonal interest in the question, whether it lion of the Southern States, or any one now passes or not; but I understood from my living north of Mason's & Dixon's line." colleague, (Mr. Noble,) who is absent from Mr. ABBOTT called for the yeas and nays his seat to-day, that this gentleman came over upon the amendment, but they were not or- here with the understanding that it was his dered. duty to come and assist here until the ConThe question being then taken, the amend- vention was regularly organized, and that ment was not agreed to. understanding of the matter led me to offer The question then recurred upon the orig- the order which I did on yesterday. I offered inal proposition offered by Mir. Clarke, as it however, not for the purpose of having a modified upon the suggestion of MVr. Sculey, direct vote upon it by the Convention, but to except soldiers in the service of the United for the purpose of having it referred to the States. Committee on Accounts. I made that.motion Mr. CLARKE called for the yeas and nays to refer, but the President decided that it was but they were not ordered. unnecessary, and I withdrew it. If the ConThe question being taken the order was vention resolves to reconsider its vote of yesadopted and referred accordingly. terday, I shall then renew my motion to refer THOMIAS' J. CORKRAN. the subject to the Committee on Accounts. Mr. STOCKBRIDGEa. In accordance with no- Mr. MILLER. I see by an examination of tice given by me on yesterday, I now move to the journal of Wednesday of last week, that reconsider the vote of yesterday morning by there was a precisely similar order passed which the Convention directed payment to be there to pay a party who had been temporamade to Thomas J. Corkran, for services al- rily discharging the dtties of page, the per leged to have been rendered as a page. diem and mileage allowed to permanent pages The PRESIDENT. Did the gentleman vote for the number of'days he rendered service. in the affirmative? The party was named Alfred Miller. Now, if 1Mr. STOCKBRIDGE. I voted in the affirma- the gentleman in whose favor this order is tive for the especial purpose of making this offered did actually come here, whether for motion, and I wish to explain my reason for the purpose of getting ail appointment from making it. I do not make it because of the the majority or not, and actually discharged amount of money involved in that order these duties when there was nobody else to alone; if that was all that was involved I d;scharge them, and we received the benefit of would not trouble this Convention with this his services, I think he ought to be paid just motion. But the facts, as I understand them, as the other was. 128 Mr. SmaI1 of Carroll. I do not know Mr. SMITH, of Carroll. The same as is anything about the merits of this particular given to persons who come from that county. case. But I know it has grown to be the Mr. KING. Does the person appointed percommon practice in the Legislature of this manently to that place receive mileage also? State for all the old employees to return here Mr. STOCKBRIDGTE. Certainly. It would at the opening of the succeeding session and make no difference to my mind whether this to remain until the ilouse is properly organ- was a precedent for a century or for a year. ized, and it has been the invariable prac- But my understanding of the precedent is tice to pay them per diem for the days on different from that of my friend from Carroll which they have been employed, and to pay (Mr. Smith.) It has been customary for the them their mileage also. So that these gen- clerk of the previous Legislature to come at tlemen came back here when this Convention the opening of tile session of' a new Legislamet under a precedent for a great number of ture, and it has been sometimes the custom years, with the positive expectation that they for the Sergeantl-at-Arms to come; that, I would receive their per diem and mileage. think, is the extent to which the custom has It is no objection that this young man made gone. an unsuccessful application to be retained Mv attention was not directed to thie case here. The same application, but more sue- of the page from Washington county at the cessful, was made by some of those now em- time, or I might have made the same objecployed here. It seems to me unjust to deny tion to it. I was aware of it when I made this to this young man, when a similar order my motion this morning, but I presumed the has been made for another This practice, to payment had been made and it was too late my certain knowledge, has been established to interfere. But there is a great difference ~in the Legislature since 1856, and this youngc in the two cases. The one now under conman had a right to expect that he would be sideration really rendered no service, and was paid. It took him two or three days to come here but two days. The other, at the request here, and as many to return, and all his ex- of the President of the Convention, and in the penses will hardly be repaid by the sum this absence of the regularly appointed pages, reorder appropriates. mained here some two weeks and discharged Mr. NEGLFY. There is a little difference the duties of page. Now I tam in favor of between this case and the one from Wash- compensating fully anyone who has rendered ington county. The page fromn Washington any services to members here. But when a county did actually render services in the person comes here merely upon an electionConvention as a page. In connection with eering tour, does nothing but electioneer, one who is now a page, he rendered all the and really renders no service to us, it seems services of page which were rendered until to me it would be wrong to compensate him the permanent pages were appointed. If the for his trip fiom the Eastern Shore, amountgentleman fiom the Eastern Shore of Mary- ing to quite a sum. land, who is the subject of this order, came Mr. TODD. I think the gentleman from here and actually rendered services to the Baltimore (Mr. Stockbridge) is mistaken Convention in the capacity of page, it is cer- when he says this person rendered no services tainly no more than right and just that he to the Convention. He was here, occcupied should be paid. The Convention should not the position of page, and, according to my ask or receive the services of anybody With- recollection, did render services to members out rendering a proper consideration for of this body for two days. He came here, them. The question of mileage is to be de- as he stated to my colleague (Mr. Noble), termined by tile proper authority, but it is a under the impression that it was his duty to small matter any way. As the gentleman come. I have no doubt he desired, if possifrom Carroll (Mr. Smith, has said, it has ble, to obtain the appointment as page. But been a precedent for years past in the Legis- others did the same; I'have no doubt the lature, and I have no doubt the man came one from Washington county, who was rehere honestly satisfied in his own mind thatit munerated for his services as a page, came was his duty to come; and if so, I do not think here to secure the appointment, if possible. we should make an exception to the rule, al- That, however, does not, in my opinion, milthough the Convention does not stand in the itate against this claim at all. same category with the Legislature, and Mr. MAYHUGH. If this order is adhered to, strictly this custom might nit apply to it. I shall be under the necessity of offbring an Still it is not a very great matter, and I do order in favor of another person, who was at not think an exception should be mlade now. the expense of coming here, because he was Mr. SMITH, of Carroll. He came here on under the impression that it was his duty to Wednesday, when the Convention met, and come here and act as door-keeper until one left when the Convention adjourned on should be appointed. Thursday; so that he was only two or three Mr. ECKER. My impression is that the Ledays here. gislature passed an order that these officers Mr. STOCKBRIDGE. How much will his should come here and perform their duties mileage amount to? until permanent officers were appointed. 129 ORDER OF THE DAY —ILL OF RIGHTS. his services being already empToyed by sevThe PRESIDENT announced that the hour eral Standing Committeeb, and that he be dehad arrived to proceed to the consideration tailed on the Committee of the Treasury, of the order of the day, being the report of Basis of Representation, Education, and Futhe Committee on the Bill of Rights. ture Amendments to the Constitution. Mr. SMITH, of Carroll, moved that the con- Mr. THOMAS. I would inquire if the chair-. sideration of that report be postponed to Mon- men of those committees desire the appointday next, and that it be made the order of ment of another clerk? the day for that day, at 1 o'clock. Mr. NEGLEY. As the chairman of the The question being taken, the motion was Committee on the Treasury, I would say that agreed to. I have had no clerk at all, and as a member THOMAS J. CORKRAN —-ESUMED. of the Committee on the Basis of RepresentaThe question recurred upon the motion of tion, I can say that that committee has had Mr. Stockbridge to reconsider the vote by no clerk. I have conferred with the chairwhich the Convention directed that mileage mlan of that committee, (Mr. Abbott,) and he and per diem be paid to Thomas J. Corkran desires to have a clerk. for the number of days during which he term- Mr. ABBssoTT. I would simply state, that porarily discharged the duties of page to this althoagh we have had a great many meetConvention. ings of our committee, I have not yet been The question being taken, the motion to able to find a clerk, and the gentleman from reconsider was agreed to. Cecil county (Mr. Pugh) a member of that The question then recurred upon the adop- committee, is now performing the duities of tion of the order. clerk to the committee. The gentlelnan reOn motion of Nr. TODD, the order was re- ferred to in th'is order has kindly offered to ferred to the Committee on Accounts. render any assistance we migiht need, and I tISCELLANEOUS. have got himn to draw up several papers for On motion of Mr. TODD, the committee. I do not know whether the Ordered, That it be entered on the Journal House is so overburdened with clerks that that Mr. Noble, of Caroline county, is de- they need no more. If so, I do not know tained fronm his seat in this Convention by where they are, for none of them ever come indisposition. to our committee-room. On motion of Mr. GALLOWAY, The PREbIDENT. If the chairman of any Ordered, That it be entered upon the Jour- committee will notify the President of any nal that, it Mr. Galloway had been in his delinquencies upon the part of any of the seat on Friday, the 13th inst., he would have officers of the Convention, he will at once call voted in the affirmative for the resolution the attention of the Convention to the subsubmitted by Mr. Stirling tendering the ject. thanks of the State to the soldiers of Mary- Mr. ABBOTT. I do not desire to be underland in the army of Gen. Grant. stood as reflecting upon any officer; such was Mr. THOMAS submitted the following or- not my intention at all. der: Mr. CUSHING. -I will state that the ComOrdered, That the Committee on the Legis- mittee on Education has had no clerk. lative Department be requested to inquire Mr. CLARKE. And the Committee on the into the expediency of engrafting a provision Tenure of Offices has had no clerk. in the Constitution exempting an amount to Mr. PUGH. I have been acting as clerk to the value of $500 (five hundred dollars) of a our committee ever since its first meeting. debtor's property from execution. Mr. BERRY, of Prince George's. I would Mr. TaOlMAS said: I will state in relation inquire if the member intends to claim extra to this order that, by reference to the' Consti- compensation. [Laughter.] tution of Mlaryland, adopted in 1851, it will Mr. DANIEL. There are so many commitbe found to contain a provision conferring tees that are said to have no clerks that I upon the Legislature power to exempt, not would inquire what our clerks are doing, and exceeding $500. That provision was not where they are. I have been on several com;acted upon until 1861, when the Legislature mittees, and I have seen no clerks. It does passed an.act exempting $100 instead of $500. seem to me that the clerks appointed here All I desire is to have this order referred to have not been about doing their duty. I the appropriate committee, in order that they must vote against this order, unless I can see may inquire into the expediency of incorpo- some necessity for it. The gentleman named rating in the Constitution a provision ex- in this order is a very worthy man, and I empting this amnunt, and not leave the:should like to see him employed here, if there.amount to the decision of:the Legislature.'is any necessity for it. But I do not believe The order was referred accordingly. there is work for the clerks we nowv have, ADDITIONAL COMMITTEE CLERK. evenif they attend upon the committees. It Mr. Negley submitted the following order': is not here like it is in a legislative body, Ordered, That J. W.: Garmong be added as where a great many bills have to be drawn, an additional committee clerk, pro tempore, and much work of that kind to be done. 130 Mr. THOMAS. I am perfectly satisfied from of the day before the session of the Conventhe explanations made by members of several tion commences. We have but four commitcommittees here, that the committees need tee clerks now, and the old Convention had a another clerk, and therefore I am prepared to much larger clerical force than that. And I vote for this order. As to our committee am sure, from statements made by gentlemen clerks not attending to their duties, I rather here, that we need the services of at least think they have attended to their duties as another clerk. well as the members of this Convention have Mr. DANIEL. I will move as an amendattended to theirs. I think those who live in ment, that the President be directed to apporglass houses should not throw stones. tion the clerks among the several committees. Mr. TODDn. I would like to have this order Then, if it is found that there is any necessity amended by adding " the Committee on Fu- for more clerks, I will be ready to vote for ture Amendments to the Constitution.'" their appointment Mr. NEGLEY. I will accept the amendment. The PRESIDENT. The amendment the genI will simply state that this gentleman is very tleman proposes would be more appropriate competent, and I am satisfied will do as much in the form of a substitute. He will reduce writing as two ordinary men. it to writing and submit it. Mr. HEBB, The remarks that have fallen Mr. THRUSTON. I would say, as a member here from various members of committees of the Committee on the Legislative Departmay be considered a reflection upon our com- ment, that we have had a clerk who has been mittee clerks. I can only say that I know very attentive and industrious. It is true I that they have been sitting here ready to have seen committee clerks about here all the work, but with nothing to do. They have time unemployed, but I am sure it is because spoken to me several times, and told me they gentlemen do not know who they are. I had nothing to do. For that reason I shall shall vote against this order, because I think vote against this order. there are already a sufficient number of clerks. Mr. STOCKnRIuGE. I am satisfied that we Mr. BRIscoE. I would inquire how many now have clerks enough appointed to perform committee clerks there are already appointed? all the clerical work of the Convention. They The PRESIDENT. There are four. are ready and willing to do the work, but it. Mr. BRIscoE. It seems to me that these may be that members do not know the com- clerks have not been employed-have had mittee clerks when they see them. I am sure nothing to do. 1 think that number might that is the case, for I have heard gentlemen be able to go from one committee room to remark that they had performed clerical another, and do all the work of this Convenduties for their committees, when in one case tion. The work here is not like the ordinary I know that at the very time the gentleman business of the Legislature. Here there are made the remark, there was a clerk in the only a certain number of reports to be made, committee room while he was attending to while in the Legislature there are generally the duties of clerk himself. It must be that from four hundred to five hundred bills to be gentlemen do not know the clerks. I am sat- drawn every session. And yet the Legislature isfied if they will inquire they will find the has but five or six committee clerks. It does clerks willing and competent to do all the seem to me that four clerks are sufficient to work required of them. t perform all the work we require of them. If Mr. ABBOTr'. I hope that no one will think it shall be ascertained hereafter that there are that I intended to cast any reflection upon any not enough, then we can increase the number. clerk of our committees. I simply desired to That is my view of it, though there is such a state that I had not yet seen any of the clerks, variety of opinion about the subject that I but I supposed they were engaged upon any cannot understand exactly how to vote. committees. Mr. SCHLEY. It affords me pleasure, as the The PRESIDENT. I do not know that it is chairman of the Committee on the Legislathe duty of a clerk to attend all the sessions tive Department, to add my testimony to that of a committee, unless he is directed or re- of the gentleman from Allegany, (Mr. Thrusquested to do so. le is to copy all manu- ton,) and to state that we have a very atscripts handed to him, &c. tentive and industrious clerk, and I think we Mr. NEGLEY. I am satisfied there is a de- have,bundant occupation for him. I know ficiency of clerical force here. The gentleman also that there is a general misapprehension from Baltimore city (Mr. Stockbridge) says about the clerks here. Those who are here I that he considers the clerical force sufficient. am sure have been more employed than the But members should consider that there are Convention is aware of; they have been a seventeen standing committees, and I do not great deal empldyed. It may be that they know how many outside committees. And I have not been constantly an'd regularly emhold it to be utterly impossible for a man to ployed for the reason assigned here, that they be in two places at the same time; and I are not known to members of the committees, cannot conceive how four men can be in seven- but I do think there is occupation enough for teen different places at the same time. Gur them all, and I am aware, besides, that the committees generally meet in the early part gentleman in whose favor this proposition is 131 now offered, has been called upon, because Mr. ToDD submitted the following order: the other clerks were either engaged upon Ordered, That J. W. Garmong be appointcommittees or were not known to members, ed a committee clerk pro tempore. and were not to be had, and he has done the On motion of Mr. Ec:ERt, work of a committee clerk throughout; and The order was laid'on the table. I am clearly of the opinion that he deserves OFFICIAL REPORTS. to be rewarded for what he has done, and I Mr. VALLIANT, from the Committee on Realso think that for a time longer at least, his porting and Printing, submitted the following,services will be required in addition to those report, which was read: we now have. I therefore propose to amend The Committee on Reporting and Printing, this proposition by inserting before the word to whom was referred the order to appoint a "added" the word "temporarily," so that it Stenographer to the Convention, beg leave to shall read " be temporarily,dded as an ad- report fayorably upon said order, and recomditional committee clerk," &c. mend its adoption by the Convention, together Mr. DANIIL. I offer the following as a with the additional orders herewith reported. substitute for the order, as offered by the gen- Ordered, That the Stenographer appointed tleman from Washington county, (Mr. Neg- by virtue of the 3d section of the Convention ley.) bill, is hereby appointed the permanent StenOrdered, That the President be requested to ographer to the Convention. apportion the several committee clerks among Ordered, That the President of the Conventhe several committees of this Convention, tion be authorized to pay to Mr. Win. Blair and if he should believe any clerk, or more, Lord, the Official Reporter of the Convention, necessary he be and is hereby authorized to upon the certificate of the Committee on Reappoint the same. porting and Printing, such sums as fiom time Mr. JONES, of Somerset, called for a divi- to time may be due to him, estimating the sion of. the queston upon the adoption of the same at the rate of three dollars ($3) per page substitute, which was ordered. of the printed debates and proceedings of the The question was first taken upon the por- State Constitutional Convention. tion directing the President to apportion the Ordered, That there be furnished to the Officlerks to the several committees, which was cial Reporter of this Convention, and to his agreed to. assistant, one copy each of such books and The question being then taken upon the documents as may be or have been ordered part authorizing the appointment of addi-'for the use of the members of theConvention tional clerks if found necesssary, it was not and two copies each of the printed sheets of agreed to. the journal of proceedings, and the debates ORDEtIS. and proceedings of the Convention. On motion of Mr. AUDOUN, Mr. VALLIANT, in behalf of the majority of Ordered, That the Committee on the Elec- the Committee on Reporting and Printing, tive Franchise be requested to inquire into the also submitted the following report, which expediency of inserting the following article was read: in the Constitution: In pursuance of an order adopted by the " That every person who has in any manner Convention, the Committee on Reporting and aided in the present rebellion against the Gov- Printing, report that they have contracted ernment of the United States, ought to be for- with Mr. J. McGarigle to correct errors in the ever disqualified and rendered incapable to proof sheets of the debates, superintend the hold or exercise within this State any office of printing thereof, and perform such other duprofit or trust, civil or military, or to vote at ties as may be suggested by this Committee, any election hereafter to be held in this State." for the sum of three hundred dollars; and On motion of Mr. HATCH, that they have also contracted with Daniel M. Ordered, That the following be referred to Moore to index the journal of proceedings, the the Legislative Committee,'4that the faith of debates and the Constitution for a like sunm. the State shall never be pledged for works of On tnotion of Mr. BERRY, of Prince George's, internal improvements or any other tax, ex- The Convention adjourned. cept what is necessary for the support of the Government or to suppress insurrection or re- SEVENTEENTH DAY. pel invasion." MONDAY, May 23d, 1864. On motion of Mr. THOMAS, Ordered, That the Comptroller be requested The Convention met at 12 AI. to furnish the Convention with a statement of Prayer by the Rev. Mr. Davenport. the amount of stock held and owned by the Present at the call of the roll the following State of Maryland in the several railroads and members: other works of internal improvement, spei- Messrs. Goldsborough, President; Abbott, fying the amount held in each company or Annan, Audoun, Baker, Barron, Belt, Berry corporation, and what proportion of said of Prince George's, Billingsley, Blackiston, stock is represented by Directors, and also the Bond, Briscoe, Brooks, Brown, Carter, Clarke, amount of interest due on said stock. Crawford, Cunningham, Cushing, Daniel 132 Davis of Washington, Dellinger, Dennis, districts, by the qualified:voters thereof, and Earle, Ecker, Edelen, Galloway, Greene, Har- not by general ticket as now practiced. wood, Hatch, Hebb, Hoffman, Hollyday, Hop- On motion of AMr. TODD, ~kins, Hopper, Johnson, Jones of Somerset, Ordered, That the Committee on the LegisKeefer, King, Larsh, Lee, Ilarbury, Markey, lative Department be instructed to inquire into McComas Mitchell, Miller, Mullikin, Murray, the expediency of changing the time of holdNegley, Noble, Nyman, Parker, Parran, Pe- ing general elections in this State, so that the ter, Pugh, Purnell, Robinette, Russell, Sands, first election to be held after the adoption of Schley, Schlosser, Smith of Carroll, Smith of this Constitution may occur at the time of the Dorchester, Smith of Worcester, Sneary, next Presidential election. Stockbridge, Suwopo; Sykes, Todd, Valliant, On motion of Mr. NUEGEY, Wickard, Wilmer, Wooden —4. Ordered, That'it mnay be entered on the The proceedings of Saturday were read and Journal that J. P. Mayhugh is absent from approved. his seat in this Convention on account of seOn motion of Mr. ABBOTT, vere indisposition. Ordered, That it be entered on the journal The Convention proceeded to the considerathat the amendment offered by Mr. Abbott to tion of the report from the Committee on Rethe order of Mr. Clarke on page 85, (in;rela- porting and Printing, submitted on Saturday tion to firee negroes and mulattoes;) after the last, in relation to the official reporting of the words'"Southern States," was offered by[Mr. debates and proceedings. Clarke, the mover of the original order, as an Mr. DANIEL, submitted the following amendamendment to Mir. Abbott's amendment, and ment: was accepted by him under the impression In the second line of the order, on page 88, that it only referred to traitors:and copper- strike out the word "eatch," after the word heads north of Mason's and Dixon's line. copy, and insert the same after the previous In accordance with an order adopted on word "assistant;" also strike out the word Saturday last, the President made the follow-' each," in the 4th line of the same order; ing apportionment of the Committee Clerks: Which was adopted. Win. /. Nec (Culley-Committee on Declara- The report and accompanying orders.were tion of Rights, Committee on Executive De- then concurred in. partment, Committee on Basis of Representa- The report of the same committee in relation, Committee on Legislative Department, tion to the Revising -Clerk, and the index of Committee on Elections-5. the Journal, Debates and Constitution, was Thomas Tipton-Committee on Judiciary also concurred in, Department, Committee on States Attorneys, ATTENDANCE or MEMBERS. Committee on Engrossment and Revision, The Convention proceeded to the consideraCommittee on Education and the Encourage- tion of the following preamble and resolument of Literature, Committee on the Ap- tions, submitted by Mr. Purnell on the 20th pointment, Tenure of Office, Duties and Corn- inst: pensatiou of all civil offices not embraced in WHEREAS, It is a matter of great importance the duties of other Standing Committees-5. that there should be a prompt and faithful atGeorge Johnson-Committee on Treasury tendance of the members and officers of this Department, Committee on Elective Franchise Convention, for the performance of the duties and Qualific.tion of Voters, Committee on entrusted to them in their respective commitMilitia and Military Affairs, Committee on tees, as well as during the sessions of this Rights, Duties, Divisions and Sub-Divisions body; therefore be it of Counties, Committee on- such Provisions Resolved, That hereafter no member or ofand Ordinances asmay be desirable to carry ficer of this Convention shall receive any per into effect amendments to the Constitution-5. diem for such time as he may be absent from Skipw'ith C. Gorrell-Committee on Ac- the said Convention; and that the President counts, Committee on Reporting and Printing, is hereby directed and required, in giving a Committee to report future Amendments and certificate of payment to such member or offiRevisions of the. Constitution, Committee on cer, to deduct from his account such time as Usury La'ws-4. he may have been absent, unless occasioned On motion of Mr..BELT, by actual indisposition, or some other unaOrdered, That the Committee upon the Ba- voidable circumstance. sis'of Representation be requested to inquire Resolved, That-for the purpose of ascerinto the expediency of embodying into the Con- taining the time lost by the members and offistitution a clause providing that the city:of cers, the Secretary of this Convention be reBaltimore and the several counties shall be quired to keep a weekly list, on which he respectively divided into sub-divisions or shall note the respective days when each of electoral districts equal to the number of del- said members or officers shall be absent, and egates which each shall be entitled to elect to file the same weekly with the clerk of the the more numerous branch of the Legislature, Committee on Accounts, who shall deduct the and that said delegates shall be apportioned so same from the allowance of each member and that one shall be elected from each of said officer, so that, at the end of the session, the 133 number of days each member or officer has been home. I think it is best to drop this whole absent, except from actual indisposition or affair. It is a small affair. This money is other unavoidable cause, may be ascertained appropriated, and the Legislature has passed and entered upon the Journal of Proceedings. an act that we' "shall " receive-it does not Resolved, That every member shall be con- say we'may"-$5 per day. Now I want sidered and noted as absent unless his name my money, and I want to do just what I be entered on the Journal at the opening of please with it afterwards. I won't interfere each day's session, and also entered among with any other member; and if we would all the yeas and nays, that shall be taken on observe the eleventh commandment, to mind every proposition to adjourn, unless his ab- our own business, I am sure we should get sence be occasioned by actual indisposition or along a good deal better. I move to lay the other unavoidable circumstance. preamble and the resolutions upon the table.: The resolutions having had their second Mr. PURNELL demanded the yeas and nays,. reading, and they were ordered. Mr. MULLIKIN moved the following amend- The question being taken, the result wasment, to strike out all after the word "L'e- yeas 42, nays 32-as follows: solved," in the first resolution, and insert: Yeas-Messrs. Audoun, Barron, Belt, Berry Resolved. That any member of this Con- ofPrince George's, Billingsley, Blackiston, vention who shall absent himself from the Bond, Briscoe, Brooks, Chambers, Clarke, said Convention, without the consent of a Crawford. Davis of Washington, Dennis, majority of the members present, shall not re- Edelen, Harwood, Hatch, HIollyday, Hopper, ceive his per diem for the time he is absent. Horsey, Jones of Somerset, Keefer, King, Mr. DANIEL. I think the amendment would Larsh, Lee, Martbury, Markey, Mitchell, Milproduce a great deal of confusion. I prefer ler, Negley, Noble, Parran, Peter, Pugh, the original resolutions if we adopt any. Robinette, Schley, Smith of Carroll, Smith This requires each member, every time he of Dorchester, Swope, Valliant, Wickard, wants to go awuty, to bring the matter pub- Wilmer-42. liclv before the Convention, and the question lVays-Messrs. Goldsborougl, President; is to be considered here whether he shall be Abbott, Annan, Baker, Brown, Carter, Cunexcused or not, which I think is improper. I ningham, Cushing,'Daniel, Dellinger, Earle, think, if' we are to pass such resolutions, we Ecker, Galloway, Greene, Hebb, Hoffman, should leave it in the hands of the President, Hopkins, McComas, Mullikin, Murray, Nyand let him judge of it under the regulations: man, Parker, Purnell, Russell, Sands, Schlosprescribed in these several resolutions. I ser, Smith of Worcester, Sneary, Stockthink the adoption of the amendment will bridge, Sykes, Todd, Wooden-32. cause us much delay and trouble. It will be So the preamble and resolutions were laid much easier to allow each member, if he on the table. chooses to take the responsibility of absent- RULES OF ORDER ing himself, to do so, relying upon his ability The Convention proceeded to the considto render a proper excuse to the President. eration of the Rules of Order reported by the Mr. BARRON. When the members of this Committee on Rules, as amended, and they Convention were elected, I thought they were were read the third time and adopted for the elected as peers. I did not know that we government of the Convention. were to come here, and a portion of us were DECLARATION OF RIGHTS. to be schoolboys. If you are absent you On motion of Mr. CUSHING, must bring in your excuse; and if' you want The Convention proceeded to the considerato make. our $5 a day you must lie:for it. I tion of the order of the day, being the second really think we have run the thing into the reading of the Declaration of Rights, reportmud, so far as preambles and resolutions and ed by the majority of the committee on that orders are concerned. I think it is time we subject. went to work for the interests of the State. The preamble and Article 1 were read as So far as I am concerned, I am free to say to follows: you to-day that I do not care what member We, the people of the State of Maryland, of this Convention gets his per diem. Neither grateful to Almighty God for our civil and do I care what he does with it afterwards. religious liberty, and taking into our serious He can spend it in any way he pleases. He consideration the best means of establishing can play faro, bluff, euchre, old sledge, and a good Constitution in this State for the sure lose it, and I atn perfectly satisfied. I am foundation and more permanent security the last man in the world that is going to thereof, declare: complain of him. But if circumstances force Article 1. That all government of right me in my business-some of us are so very originates from the people, is founded in patriotic as to neglect our business to attend compact only, and instituted solely for the here-if circunistances force me to be absent good of the whole; and they have at all one day, I should like to have the privilege. times the unalienable right to alter, reform or As I have said before, there are very few abolish their form of government in such members here but can make $5 a day at manner as they may deem expedient. 134 Mr. BRIsoQE said: I move to insert after a provision in the Bill of Rights, but as they the word "times" the words''in the mode have not, I make the motion, to avoid misprescribed in this Constitution." This will conception, because I know very well that in make it conform to the present Constitution. the argument that took place with regard to I do not know that it is necessary for me to the calling of this very Convention now asgo into the argument now, or to give the sembled here, when I took the ground that it reasons why I am disposed to adhere to that was not competent for even the' Legislature, article of the Constitution as it exists now in excepting by a strict construction of the Conthe Constitution, for I believe they are patent stitution as it now stands, to call this assemto the mind of every gentleman here; and so bly, I was referred by gentlemen to this artifar as regards the form of that article, it is a cle of the Constitution, which said that the question which gave rise to considerable dis- people have, at all ti res, the right to assemcussion at the time the Legislature of Mary- ble; and the argument was used then that it land were in the act of calling this Conven- -was competent for them, non obstante the retion. I believe it has been conceded in the striction of the Constitution, to call a Convenpolitical theory of this country that, when tion when they might please, provided that any action at all is taken to modify or change they might think the public welfare and the the organic law of' the State, it should be pre- general good required it. I think, therefore, ceded by some legislative action directing the in order to make this Wnore distinct, that we mode and manner in which the Convention ishould incorporate the amendment I have to change the organic law of the State should I offered, and not depart from the present Conassemble. The precedents for that are with- stitution. I out number. I believe there has hardly been M Mr. STOCKBRIDGE. Without undertaking a State in the Union where the legislative au- j at all to speak for the Committee which rethority has not very clearly indicated or es- ported this Declaration of Rights, of which tablished by law the mode and manner in I have not the honor of being a member, it which the Convention should assemble to occurs to me that there is one serious objecchange the organic law. tion to the amendment offered by the gentleI believe it is contended by some gentle- man from Calvert (Mr. Briscoe.) The article men that it is competent for the people of this as it stands declares a universal truth, not or of any other Stats, at any time they choose, alone for the State of M1arylandor any other without the intervention of legislative forms individual State, but for all States. " All or countenance, to hold primary assemblies government of right originates fromrn the peoin the State; and that principle is carried so ple, is founded in compact only, and instifar as to maintain that, without any inter- tuted solely for the good of the whole," and position of the legislative authority, or pre the people " have at all times the unalienable caution as to the mode in which the vote right to alter, reform or abolish their form of shall be taken, the people in those primary government in such manner as they may meetings could change the organic law. deem expedient." Now, if the mode is to be lMy whole object in offering this amend- put in, it seems to me to make it an absurdity ment is, that the Bill of Rights shall not be upon its face to claim that the people of other construed to carry the principle to that ex- States and elsewhere have no right to alter, tent. The framers of the Constitution as it reform or abolish their form of government now stands, in order to avoid all misconcep- except in the manner prescribed byr the Contion upon thlt point, incorporated this provi- stilution of Maryland. The Constitution of sion. I remember very well that, in the ar- the United States prescribes one form, and the gument made by INr. Webster in the Rhode Constitution of each State its own form for Island case, he said that there was no prece- amendmlents; but this amendment would tie dent, in this country, where there were no all governments down to the particular form legislative directions for assembling the Con- prescribed by this Constitution. vention. The difficulty arose in the Rhode Mr. BRIsCOE. It occurs to me that the Island case in this way: The people there phraseology adopted in the present Constituhad been living under the old chartered gov- tion of Maryland is susceptible of the same ernment of Charles II, and the forms of their misconstruction. If' the gentleman undercharter did not provide any mode for calling takes to start out with laying down aan aba Convention; and they undertook to adopt I stract truth, we may go into an. argument this mode of calling a Coinvention in the State I upon that. I believe it is the theory of some of Rhode Island, which gave rise to the Dorr that it is impossible for a sovereign power to Rebellion. The case is very familiar to mem- limit itself. According to the conception I bers of the profession, or those who have have formed of the principles of political govread the political history of the country. ernment in this country, 1 hold that it is cornIn order to avoid misconception upon that petent for a sovereignty or a delegated power point, and a misconstruction of the Constitt- to limit itself as to the mode, or to tie its tion, I have offered this amendment. I should hands as to the mode by which it shall do a have preferred that some member of the com- certain thing. If that objection applies, it mittee should have moved to incorporate such raises that question. I undertake to say that 135 it is competent for the people in delegating Certainly the incorporation of the words now thatsovereignty to limitit. Holding that opin- offered as an amendment by the gentleman ion, I think it is perfectly consistent with from Calvert, into the present Constitution, that view that this provision of the present gave rise to great difficulties, and there were Constitution should stand as it is. When very lengthy and protracted debates upon the they undertake to act under an organized question of calling this Convention. Art. government, it is competent for them to state 43d, in the Declaration of Rights, says: that certain powers have been taken away "That this Constitution shall not be alfrom them. I want it to be clearly set forth tered, changed or abolished except in the in this provision that, when they shall have manner therein prescribed and directed." adopted this Constitution, it will be inomrn- Now, if gentlemen will turn to the present petent for them to go behind it except in the Constitution they will find the following promode of resorting to forcible revolution. I vision. only want that we should say to the people, "Art. 11. It shall be the duty of the Legthe generation that shall follow us, and the islature, at its first session immediately suepeople in all time to come, that if they shall ceeding the returns of every census of the undertake by any action of theirs to modify United States hereafter taken, to pass a law this form of government unless in the mode for ascertaining, at the next general election indicated here, it must be a resort to violent of delegates, the sense of the people of Maryrevolution That is not the kind of revolu- land in regard to calling a Convention for tion ordinarily practised heretofore in this altering the Constitution; and in case the country. In that view of it, I see no incon- majority of votes cast at said election shall be sistency. in tkvor of calling a Convention, the LegisMr. CLARKE. I rise, not for the purpose of lature shall provide for assembling such Conentering into a discussion of the question vention, and electing delegates thereto at the which has arisen, but to say that I do not earliest convenient day,; and the delegates to think the amendment of the gentleman from the said Convention shall be elected by the Calvert is subject to the criticism made by several counties of this State and the city of the gentleman from Baltimore city (Mr. BI altimore, in proportion to their representaStockbridge.) Chief Justice Dorsey was the tion respectively in the Senate and House of chairman of this committee in the last Con- Delegates, at the time when said Convention vention, and I should hardly suppose a man.may be called." as learned in the law as he would have com- The difficulty arose in this way. The Conmitted such a mistake, and that it would have stitution, they said, prescribed the manner of been reserved to the gentleman from Balti- its own alteration, and it was argued by the more city to have, for the first time, found it enemies of the calling of' this Convention, out. The preamble reads thus: that that direction in the Constitution having " We, the people of the State of Maryland, been neglected, the next session of the Legisgrateful to Almighty God for our civil and lature after the taking of the census not havreligious liberty, and taking into our serious ing called a Convention, no subsequent Legconsideration the best means of establishing islature had the right, power and authority to a good i onstitution in this State for the sure do it. That was the position, as I understand foundation and more permanent security it, taken here by gentlemen who opposed the thereof, declare — calling of this Convention. Not being a memFor the purpose of'establishing a good ber of the Legislature, I did not myself hear Constitution, we, the people of the State of the debates, but I saw it stated in the papers, Maryland, declare "that all government of and I know that was their point. We had right originates from the people, is founded no right to a Convention at all, because the in compact only, and instituted solely for the mode and manner prescribed by the Constigood of the whole." That is the announce- tution had not been followed. The difficulty ment of a general principle. " And they arose simply from the existence of the 43d have at all times, in the mode prescribed in Article, and the words which the gentleman this Constitution, the unalienable right to now proposes to put in the first. That I unalter, reform or abolish their form of govern- derstand to have been the difficulty in the ment in such manner as they may deem ex- way of calling this Convention. I shall vote pedient." I understand "' they " as referring against the amendment because I desire to back to " we, the people of Maryland." We, see no such difficulty in the future. the people of Maryland, have at all times, in I think the principle enunciated in this first the mode prescribed by this Constitution, the article is good. It is true " that all governright to alter, reform or abolish our form of ment, of right, originates from the people, is government in such manner as we may deem founded in compact only, and instituted solely expedient. for the good of the whole; and they have at Mr. SANDS. I do not propose to enter into all times the unalienable right to alter, reform the merits of the controversy with regard to or abolish their form of government in such the proper wording of this article, for I think manner as they may deem expedient." I the amendment open to a graver objection., think, too, that this is a consistent interpre 136 tation of the article. The right to alter, re- had lived. In thus limiting the democratic form or abolish, is in this very article called principle, they inflicted a wrong upon the unalienable. What is the signification of that sense of the word applied to the right they word " unalienable?" You cannot by statu- meant to enunciate, for they made it anything tory provisions, or any provision put into a else but " unalienable." Constitution, deprive the people of this right. I do not. suppose that the motives which The plain meaning of the termn is something would impel the people at any time to alter, that cannot be taken away." No restraining reform or abolish their Constitution, would or subtracting power of the Legislature, or destroy the operation of this principle. I am of any body of men, who frame or adopt not afraid of any revolutionary'conspiracy in such a Constitution as this, can ever take this State against the right contended for. I away from the people the right to alter, re- have no idea that if the doctrine is to be form or abolish their form of government. enunciated at all, it should beclogged byany It is an unalienable right; that is, -its power provision whatever; and I shall therefore resides in the people and cannot be taken vote against the proposed amendment. away from them. It seems to me that the Mr. CHAMBERS. The question before the two ideas are inconsistent, an unalienable Convention at this moment has occupied the right, and a right alienated, given up, or attention of many jurists of the State, and surrendered by the people. How can the peo- has been very fruitful of discussion. There pie surrender an unalienable right? seems to me to be some misconception as to As to the phraseology -of this article, I the past history of this subject. I have before think, as suiggested by the gentleman from me the Declaration of Rights as originally Baltimore city, (Mr. Stockbridge) that if the adopted, the first Declaration of Rights adoptlatter part is to stand as it is in the present ed by the people of the State, which contains Constitution, the former part is inconsistent the whole doctrine which is embodied in the with it; and it ought to be changed so as to late Constitution, and which it is now proread that " the government of this State of posed to embody in the present Constitution. right originates from the people thereof, is It is in these words: founded in compact only, and instituted sole- " Art. 1. All government of right origily for the good of the people of Maryland; nates from the people, is founded in compact and they have at all times in the mode pre- only, and instituted solely for the good of the scribed in this Constitution, the unalienable whole. right to alter, reform or abolish their form of " Art. 2. That the people of this State government, in such manner as they may ought to have the sole and exclusive right of deem expedient." That phraseology would regulating the internal government and police be more consistent. But I -believe we have thereof." no right to attempt by this Constitution to The gentleman who has last spoken, is mistake away an unalienable right. We have no taken as to the force and effect,of the proviright to put into the Constitution words that sion in the first Constitution, in supposing might be construed into taking from the peo- that it did not limit the mode in which ple an unalienable right. For these resons amendments to the Constitution were to be I shall vote against the amendment of the adopted. In- Art. 42d of the Declaration of gentleman from Calvert. Rights, first made, it is providedMir. ScHLE Y. At the adoption of the Con- "That this Declaration of Rights, or the stitution under which we now live, for the form of government to be established by this first time I think in the Con3titution of Marv- Convention, or any part of either of them, land, the truth enunciated in this proposed ought not to be altered, changert or abolished article of our Declaration of Rights, made its by the Legislature of this State but in such appearance. It set forth, according to our manner as this Convention shall prescribe and form'of government, a right declared to be direct." unalienable,; that is, the right to reform. Mr. SCHLEY. The gentleman misunderstood But at the same time, the democratic principle me. I said that the Constitution under which which it enunciated was emasculated by the we live was not made in strict conformity introduction of the words, " in the mode pre- with the provisions of the old Constitution. scribed in this Constitution." How does the Mr. CHAMaERS. It was a subject of very present phraseology of the sentence differ in much doubt with many persons learned in meaning and effect from this reading? constitutional law, whether by this means the " And they have only the right according Convention had not forfeited all claim to the to the mode prescribed by this Constitution, respect of the people; hut it was conceded, I to alter, reform or abolish their form of gov- believe, everywhere, that if the Constitution erminent." was adopted by that Convention, and recogWihat makes this particularly inconsistent nized by the existing government of the State, in the present Constitution is the fact that this and not opposed by any popular movement, Constitution was adopted in violation of the it became, whatever infirmity might be mode previously prescribed for altering or charged;upon it in the incipient stage of the amending the Constitution under which we proceedings,, imperative; uupon all the people 13' of the State. There were gentlemen in that This constitutes the case of the Dorr rebelConvention who claimed that they had a lion. There a certain class of individuals, a right, legally, to assemble such a portion of very large portion of the voters of the State the people as demonstrated a general assent, of Rhode Island, undertook to change the and that they had the right by law, by such government without any preliminary legisa movement to call a Convention, which Con- lative act. The government of Rhode Island vention. should be considered as the repre- did not choose to submit to the Constitution sentative of the popular will, and therefore which they made. The government existing entitled to respect at the hands of the State. prior to the Convention thought proper to This doctrine was opposed. It was said, and maintain their position and to treat this effort I had the honor myself to entertain and ex- to change the government as a rebellion. press that opinion, that the only mode origi- Mr. Dorr, who was the leading person in the nally known by which government could be movement, was indicted; and in the course changed was that of revolution. I had yet of that trial gentlemen will find a great deal to know the man who denied the right of re- of learning exhibited by the counsel in the volution to any people. We claimed our case, especially by Mr Webster; and this national existence, in consequence of main- American doctrine was enforced. Now if taining that doctrine and we established it 1Mr. Dorr's project had been acquiesced in by when we separated from Great Britain. I the existing government, and the Constituknow no class of persons who have ever tion which they proposed to adopt had been thought proper to deny that any community sanctioned by the people, and they had organpossessed the right, when oppressed to an ex- ized their governmuent under it, no doubt at tent that by universal assent requires resist- all it would have very properly been considance, to revolutionize its government. i hold: ered the organic law ofr' the land. But they that now the people of' this State have the did not choose to do so; and the people right. if in their majesty they can rise and neither had the benefit of an insurrectionary obtain the sanction of the community to their or revolutionary government, nor of a govproceedings, to resist oppression by re: olution. ernuent created by the instrumentality of the But revolution is not only very fatal to the American system. interests of a community, but it is a very The result, therefpre, is that in all the States troublesome operation. No revolution can of this Union the mode prescribed by the Conbe effectual without a subsequent acquiescence stitution of the State is adopted. of the community in which that revolution It has been contended by some that the has existed. It will not do for a revolution- mode in which the people may alter or reform dary government to declare itself, without the their organic law was not to be controlled by aid of any military force or offensive weapon, any previous constitutional enactment. Yet omnipotent; and to declare its proceedings our ablest minds have held diffeiently. Judge obligatory upon all within its territorial juris- Story in his commentaries, and AMr. Webster diction. Such a declaration would be a in his speeches, have maintained thatthe peobrLturni fulmen. It must be obeyed by the pie may impose restraints upon themselves. existing government, not opposed by it. It Some gentlemen say you cannot bind the peomust be admitted to have effect) by the cot-n- ple; that you cannot make any generation munity. It then becomes the will of that submit to the dictates of the generation precommunity. The preceding government re- ceding, and so on. We know a man can bind tiring voluntarily, gives place to the govern- himself. I am a perfectly fiee agent, but I ment which comes in without force,. or they may enter into a contract with my neighbor, are compelled to abandon their position by and impose obligations upon myself. Certain force and the new government takes their it is that in this State, with the exception of place. thelast Convention, the Constitution has never The difficulty, as well as the dangers of re- been changed except in the mode prescribed. volution, have given rise to what has been very by the Constitution. And as I understand, emphatically, as well as very properly, termed tile opinion is not now expressed anywhere the Americarl system of changing the govern- that the powers of this Convention arise from ment-a systemr known throughout all the any other source than the observance by the States of this Union and practiced everywhere. people of the advice of their Legislature to Those who for the muoment represent the peo- hold a Convention. pie in their legislative bodies, or in sonme My colleague upon the committee (Mr. recognized assembly supposed to utter the Hebb) is very rlnch moro. acquainted with the sentiments of the people, prescribe that a discussions that preceded the adoption or' this Convention shall be held, the time and manner bill of righlts by the committee than I am. being named. This question is submitted to However, I will say no more about that. I the people calmly, and a vote is taken in the invoke his recollection whether there was not proper place and at the proper timre, and if adopted by the committee in their report sanctioned, the object being considered proper an article at the close or this bill of rights, reand laudable, the Convention is held by the lating to the manner of altering or changing express acquiescence of the community. the Constitution. Such is my recollection, 10 138 and I was perfectly astonished upon taking up the law as directed; nobody doubts that; they my neighbor's copy of the report (for I have should have obeyed literally the direction of none of my own) to find that the 43d article the Constitution. But having failed literally of the bill of rights of the last Convention to obey it, they were bound as soon afterwards was not incorporated in it. as possible to repair the neglect of the precedMr. HEBB. The gentleman is correct. That ing Legislature. My friends, and I have conarticle was adopted by the Committee, and I suited several of them, tell me that they never supposed it had been printed in their report. heard any such suggestion as that before. The PRESIDENT. The article referred to is Mr. SANDS. If tV:e gentleman will refer to printed in the journal, where it will be found tle message of Gov. Bradford he will find on page 65. It is omitted in this copy of the rtference there to this very argument against report by error of the printer. the Convention. Mr. CHAMBERS. This is the article: " That Mr. CHAMBERS. Was he among the class this Cons,titution shall not be altered, changed that opposed this Convention? or abolished except in the manner therein pre- Mr. SANDS. No, sir; but in his message he scribed and directed." endeavors to meet this doctrine urged against Now I am not aware that there is anywhere the call of' the Convention. It is not confined in this State a class of politicians, designated to myself. by any phrase or term, who m:lintaint the doe.- Mr. C(IsAMBERaS. Then the gentleman has trine that there ought not to be some mode one individual to sustain hinl in his posiprescribedby which the people can express their tion, and that is one more than I supposed he desire by legislative enactment to peaceably had. change their Constitution. I presume my friend from Calvert county With regard to what has been said by the (MIr Briscoe) will not press his amendment gentleman from Howard (Mr. Sands) I have here, upon finding that his proposition is vironly to say that I am illuminated by his in- tually embodied in the bill of rights as reformation; what he has told us is entirely ported; because the bill of rights is to be new to me. I have circulated through por- taken together as a whole, and this propositions of this State; I have been in counties tion being in a different position ulon the where a very large majority were opposed to face of the paper will make no odds. In the calling of this Convention, and I have regard to the verbal criticism which has been oonversed here'with a great many gentleman made here I have nothing to say. But I who represeilt that class of people; and until maintain the absolute necessity of adopting the gentleman made the statement here, I some provision of the kind offered by my never heard it whispered thwat the objection to frienld from Calvert, (1Mr. Briscoe ) But I this ( onvention was that which he has stated, should not have troubled the House at-all exviz: that the Legislature thatcalled this Con- cet that there was no such provision in the vention had no power to do so. printed copy I examined. I am happy to find Mr. SANDS. I did not say that the people that the recollection of the genitle.iman from believed that the Legislature had no right to Allegany (AMr. Hebb) agrees with lmly own, call a Convention; but that the objection was that such a provision twas adopted Lby the made by some was, that the Legislature which Committee, and that the entry upon the jourwas directed by the present Constitution to nal confirms the fact which I au sure existed, call the Convention having failed to do so, no that this was adopted without any amount of subsequent Legislature had that right. difficulty or comment. Mr. CHAMBERS. The argument then was Mr. SCwLEY. I desire to say in explanation, this: Ten years after the session of the last that I had only consulted the journal of proConvention the Legislature was to make a call ceedings of this body, and did not read this for a new Convention; the Legislature not printed paper until my attention was called *having performed that duty precisely at the to the fact that the 44!h article as reported expiration of the ten years, then they had no had not been printed in it. Of course I know power to call a Convention; in that respect that such an article was cormmnon to the two they werefuzcltus o Jicio. Now I can say that Constitutions we have been living under, and I never heard that doctrine expressed by any I supposed that to renew it in this first article human being until I heard it to-day from the would be superfluous and unnecessary, and lips of the gentleman frpm Howard (NMr. Iwould indicate a disposition to infriiige upon Sands.) Suppose that the Legislature had the absolute right of the people there an-been directed to pass forty laws soon after nounced. the adoption of the Constitution, as they were Mr. PUGH. I am opposed to the amenddirected; some of them they neglected to pass ment of the gentleman fiom Calvert, (Mr. for ten years. If they neglect to do so to-day, Briscoe,) for the reason that I think it only do they forfeit their right to pass those laws mystifies the subject. If it is in order to make to-morrow? I have too much intelligence to any amendmentuse oradopt any such argumentas that. We Mr. BRISCOE. If the gentleman will allow.repudiate thatentirely, so fta as I am informed. me, I will simply state that I have fallen into The Legislature, it istrue, should have passed the very error into which it seems a great 139 many members of this Convention have fallen, are not satisfied with what we may do here, upon this branch of the report of the Com- all they need do is to assemble in their primittee on the Declaration of Rights; that is, mary meetings, elect other delegates, have a that in the report as printed there is no pro- Convention here in Annapolis, or in Baltivision covering the ground my amendment more city, or wherever else they choose to proposes to cover. But if I am to understand assemble, form a Constitution, and according that provision is to be considered as already to the theory of the gentleman from Howembraced in the report of the committee I ard, that would have just as much the sancwill withdraw my amendment. tion of law as the Constitution we may The PRESiDENT. That provision is in the frame here. Now if that be the doctrine, original report, it is omitted in this only by then I would say that there were only 30,000 error of the printer. voters in this State who voted in. favor of Mr. BRIScoE. My object is reached by this this Convention, while the whole vote of the 44th article, and I therefore withdraw my State is something like 90,000. We wanted amendment in order to prevent any difficulty. a provision in the bill requiring a majority Mr. PuoH. I was about to say that rather of the 90,000 in favor of the Convention bethan support this amendment — fore it should assemble. It is to be presumed The PRySIDENT. There is no amendment that the balance of the voters, 60,000, or say pending. 50,000, are opposed to the assembling of this Mr. CLARKE. Simply as a matter of his- Convention. Now if the majority of the tory, and to put those, who in the last Legis- people of this State have the right to frame lature voted against this Convention bill, in such a Constitution as they think proper and their true position, I will state that I was one when they think proper, all that is necessary who had the privilege of voting against that to be done is to have a Convention assemble bill, and also of discussing its provisions. representing those, 50,000 voters, and accordAs I understand it, the ground taken then ing to the gentleman firom I-loward it would against the bill was not that the Legislature have just as much authority as this Convenhad not power to call this Convention. In tion. I am merely calling the attention of the argument and lupon the vote which I members to this matter-those who are angave upon the question, I conceded the power nouncing their wild theories here, which of the Legislature to call this Convention; will catch the ear of the populace who like and I stated that if the Legislature would something radical, such as this "power of pass a constitutional bill to take the sense of the people "-in order that they may stop the people upon the call of a Convention, it and reflect a moment and see where they are would receive my vote for that purpose. The going; see if they are not carrying out an ground taken, however, was this: that al- idea involving the power of those w;ho were though the Legislature had the power, it silent at the polls to exert their will with just must carry it out in the manner prescribed as much authority as those here. by the Constitution. That Constitution pre.. Mr. PuoH. I thought the President inscribes, in the first place, that the question formed me just now that there was nothing should be taken first as to whether the people before the Convention. would have a Convention. IUntil the people The PRESIDINT. There is no amendment had decided that question, there was no pending; this first article is before the House power o(n the part of the Legislature to call a for consideration. Convention; that the election of members to Mr. JONES, of Somerset. I desire to move the Convention must be subsequent to the an amendment to thi.; first article. It now people voting that they wanted a Conven- reads: tion; and the power existed in the Iegisla- "That all government of right originates ture to provide for the assembling of a Con- from the people, is founded in compact only, vention only after the people by their votes and instituted solely for the good of the had declared that there should be a Conven- whole; and they have at all times the untion. But no gentleman acting with those alienable right to alter, reforni or abolish with whom I acted, denied the power of the their form of government in such manner as Legislature to provide for the assetubling of they may deem expedient." a Convention. And we said we would sup- I propose to add the following: port a bill, provided it did not contain that "But this right ou.,ht only to be exercised unconstitutionality and several others, which in the mode previously agreed upon and prewere in the bill which was passed. scribed by the people, whenever the mode of I would say further, without entering at alteration or amtndment of their form of length, into the argument upon the proposi- government has been agreed upon and prelion announced in this fist article, that ift scribed by the people in their written Constithe gentleman from Howard (M1r. Sands) is tulion." correct, then the doctrine is just this. We Now, sir, I am a strict constructionist are'assembled in Convention here to frame and a conservative man to an extent that I the oroanic law of the Stale. According to suppose I shall not fild many upon this floor the doctrine of the gentleman, if the people to go beyond me. I hold the abstract prin :140 ciple laid down in this first article as it would not-be enabled to maintain heir posistands; that is admitted by all. One gen- tion of power and equality of rights, there tleman has said that he has never met with was a provision inserted in the Constitution any man who denied the right of revolution; of 1776, which the Legislature was to have certainly not. But as he also stated, and as no powrer to alter. Hence it was that it rewas very fully argued by Mr. Webster in the quired three-fourths of the Legislature to pass Rhode Island case, we had fancied that the any law that particularly affected the Eaststatesmen of America had devised a mode ern Shore of the State. With reference to whereby the organic law of the land might the mode of amendment, that Constitution be altered and amended without a resort to I prescribed that there should be no alteration that which is called "revolution and of that Constitution unless an act for that which, under other governments, is usually purpose was passed by onIe Legislature, pubaccompanied by bloodshed and violence. lished three months, I believe, before the elecIt is, sir, for the purpose of having a mode tion of the members of another Legislature, of alteration previously known and agreed and after full knowledge and opportunity for upon and written, that our form of Constitu- discussion by the people, the proposed amendtions have been devised and adopted. In ment was ratified by that subsequent Legisother lands the Constitutions and laws de- lature. Nowtheobviouspurposeot' thatpropend upon a variety of traditions and stat- vision was to prevent hasty, rash, injurious utes, and a long series of ages of govern- and unjust amendments to the Constitution ment. The powers of government are de- from being suddenly foisted upon the peoscribed and understood in that way. That pie. is the mode in which the British Constitu- We lived under that form of government tion, as it is called, is prescribed. But our for three:quarters of a century, and very imConstitutions are written agreemnents upon portant amendments were made to it at varithe part of' the people, prescribing to those ous stages of our history. There was an entrusted with power the extent of that pow- amendment made aboit 1801 to 1805, which er, and the mode in which it is to be exer- involved almost a revolution as far as the cised. The people of this country have no- right of suffrage and other matters were conwhere conferred upon either State or general cerned. Again in 1836 a reform movement governments all powers of government, brought about other very important mnodifiThey have always in their State or general cations. But yet the spirit of revolution, governments reserved to themselves nmost impatient of the restraints which the wisdom important powers, political powers, which and the prudence of our fathers had imposed they have authorized no government on in regard to alterations of the organic law of earth to exercise for them, or to legislate theState; impatient of that mode of alteraupon for them. They have expressly inhib- tion, succeeded in inducing the Legislature ited any invasion of those powers by any to pass an act calling a Convention for the governments they have established or may purpose of amending and altering the Conhereafter establish. stitution, making a new Constitution. Now, sir, all the old Constitutions, adopt-: Now that was not the mode of alteration ed in our revolutionary times, prescribed a I prescribed by the organic tlaw of the State. mode of amendment tfor the purpose of avoid- I have ever considered it-and I mean of inlg the necessity of a resort to revolution,. course no sort of reflection upon the very It was supposed that in the changes of so- able and learned gentlemen who composed ciety-for the forms of government then that Convention-1I haveever considered that adopted were experiments-in the lapse of Convention as revolutionary; not in the sense years, there would probably be amendmnents in which that word is usually used, but in the and alterations required; and the mode in sense ofbeing opposed to the mode presc ibed which those amendments and alterations by the organic law. It was, however, a revowere to be made was agreed upon as a part lution w hich the people of the State evidently of the organic law laid down by the people willed, berause they sanctioned it by their Jfor their own guidance in making those al- votes; and the Constitution under which we terations and amendmnents. That was the are now living received its sanction from the case with all the Constitutions. vote of the people approving and adopting it. But the condition of the State of Maryland Of course those gentlemen who met here and was somewhat peculiar. At that time each framed that Constitution; met very much uncounty claimed an equality in the represen- der the same circumstances and with the same tation of political power. Each county had powers as the National Convention which met an equality of representation in the Revolu- in 1787, which adopted a Constitution and tionary Convention. Recognizing the fact submitted it to the States for their approval that the geographical position of iMaryland or rejection. That Constitution was not held was peculiar; that when the settlements of to be binding upon any one until it was acthe State upon the Western Shore should ex- cepted and ratified by the people. And altend westwardly, filling up its territory with though the Convention of 1850 was cilled by a large population, the eastern counties the Legislature in the exercise of unconstitu 1'41 tional power, so far as the written Constitu- ence to the mode of altering and changir.g tion existing at that time was concerned, it those Governments. Under the Constitution had the assent of the legislative dep irtment of the United States the Government of the of the Government; and when it was adopted United States is limited; and one of the reby the people, and received the assent of the strictions put upon that Government is that executive and judicial departments of the amendments and alterations of that ConstiGovernment, there was no opposition to it, tution shall be made only in a particular but went quietly into operation. There was way. Now will it be held that the majority a revolution effected in the State of Maryland, of the people of the United States may get in her organic law, as full and thorough as up a National Convention without regard to ever was effect(d in any government upon the mode prescribed by the Constitution? earth. The old Government was literally Will it be held that the Congress of the swept away, and a new Government inaugu- United States can by law provide that: a rated in its stead, with the consent of the old National Convention should be assembled to Government and by the power and authority make a new Constitution, without regarding of the people. State lines, or grants of power, or restrictions Now, sir, the people in that case exercised upon grants of power? That would be a the very power which is asserted in this first revolution as fully and entire y as if acarticle of the Bill of Rights. And after that complished by force of arms. And yet that example in the State of Maryland, I think it is but the logical result of the doctrines now utterly useless to attempt to put any restric- becoming so prevalent among us. tions upon this right of the people, as they I think, therefore, that it is important, will be of no avail whenever the people get w henever we make general statements of the ready to disregard those restrictions. But unalienable rights of the people, to accomat the same time I do think it of the utmost pany those declarations by an expression of importance to stability, good order and quiet, opinion as to the best manner in which those and everything that pertains to legal govern- rights should be exercised. I hold them to ment, that there should accompany this de- be unalienable. I hold that whenever it claration and admission, a statement that the has been once sovereign, and so acknowlalterations to be made in the form of govern- edged by the nations of the world, that sovment, ought to conform to the prescribed ereignty is unalienable. The people may mode which the people themselves have laid agree to put restrictions upon themselves in down for the government of their agents. the exercise of their rights; But the unI gave the questions involved in the as- alienable right of self-government-and that sembling of the Convention of 1850 the most is the only kind of sovereignty recognized in grave consideration. I was opposed to that *this country for people acknowledged as extent, to that mode of altering our organic forming sovereign States-the right of selflaw, that although partial friends solicited government pertains to and inheres in the me to be a candidate for that Convention I people; and when the mode of alteration positively declined, upon the ground that I and amendment has been agreed upon, it is could not aid in establishing the doctrine that fie part of good faith-it involves the a'i e a majority of the people in a State should set principle which binds us to obey the laws aside what had been agreed upon in the or- and the government under which we live; it ganic law as the mode of alteration, and thus is the part of good ftith, on the part of all by a revolution impose a new Constitution who come after us, to follow the mode preupon all the people of the State. I was gov- viously agreed upon by the people themerned perhaps, more than by any fear of con- selves, and prescribed in the Constitution. sequences to the State of Maryland, by a Now, sir, my friends here who have comregard for what has been very appropriately mented upon the objeclions popularly discalled by Mr. Webster, " the American Sys- cussed to the assembling of the present Contem of Government." Whenever these doe- vention, in my view have not yet stated the trines, which appear for the present to be so true ground upon which the objections to prevalent, of the absolute right of the abso- the present Convention were predicated. lute majority of the people of a State, to With reference to the former Legislature, it sweep away all existing institutions, and to has been said that it was the duty of that establish new ones in their stead: whenever Legislature to have framed a law to take the those doctrines are recognized as applying to sense of the people upon calling a Convena State, it will not be a very great stretch of tion; and that if that had been done, the political construction to carry them beyond sense of the people should have been taken State lines, and make them applicable to the at the last November election, in conformity Constitution and Government of the United wiih the provisions of the Constitution. But States. that Legislature failed to discharge its duty We have limited governments in the in so providing for taking the sense of the States; and one of the limitations which people. Now I have understood, from some the people put upon their rulers under the of those who were members of that Legislagovernments they established, was in refer-.ure, that they did not consider that the 142 time had arrived, when they were in session, made, the Legislature assembling next after at which, under the 11th article of the pre- the making of those census returns should sent Constitution, they were authorized to pass a law to ascertain the sense of the peopass a law for taking the sense of the people pie; that that sense of the people should be in regard to calling a Convention. That taken at the next general election of dele11th article provides gates; and that the. Legislature elected at " It shall be the duty of the Legislature, that next general election should pass a law at its first session immediately succeeding the for calling that Convention. And all this returns of every census of the United States was intended for the purpose of providing a hereafter taken," &c. mole of alteringf and arlending the Constitu1 understand that even when that Legisla- tion, which should be not sudden, not rash, ture adjourned the returns of that census not intolerant, but with time for full delibhad not been made to the proper authorities eration and consideration among the people in Washington. That I understand to be a after the law was passed; for it would have matter of fact. It was the first Legislature, taken two years to have assembled a Conventhat met immediately succeeding the returns tion under the provisions of that article. It of the census, that was authorized to pass a intended that the vote should be taken, not law for taking the sense of the people in re- at a special election, but at a general eleclation to calling a Convention. If those re- tion, at the usnual time for electing delegates turns were not made during the session of to the Legislature, and then, if the majority the former Legislature —but were made, as I of the people was found to be in faivor of a suppose they must have been, before the Convention, the General Assembly then electmeeting of the last Legislature-then the ed should provide for the assembling of the last Legislature was the one whose duty it was Convention. -" to pass a law for ascertaining, at the Now the result is this: We have had, innext general election of delegates, the sense cluding the present, two Constitutional Conof the people of Maryland in regard to call- ventions in the State of Maryland that were ing a Convention for altering the Coustitu- unconstitutional, That is a paradoxical tion." statement, I admit. lBut we have two ConNow, sir, that was the plain letter of the ventions called to frame a new Constitution Constitution as framed by the learned gentle- fbr the State of Mlaryland in violation of the men who assembled here in 1851, and wheth- prescribed mode of the Constitution under er it was the duty of the one Legislature or which the Legislature was held which passed the other, whether the former Legislature the law calling the Convention together, and discharged its duty or not, still the express I do'think that this Convention is strictly language of the Constitution is, that when- and technically just as revolutionary as the ever the Legislature did pass a law for taking Convention of 1850, in which my friend from thesense ot the people, it should be taken Kent (Mr. Chambers) and my colleague " at the next general election of delegates;" (Mr. Dennis) served as delegates. Still there and, under the Constitution, it could be taken is a healing balm for all irregularities in the at no other time. But the last Legislature, fact that our work here is, I trust, to be pubjust as the Legislature that called the Con- lished after it shall havebeen completed, and vention of 1850, disregarded the mode pre- is to go before the people, and the opportuscribed by the Constitution, and the Legisla- nity afforded themn to understand and scrutiture directed that the sense of the people nize the alterations and amendments in the should be taken upon the 6th of April last, organic law of the State which we may pro - and that the people should at the samne time pose, and they can quietly at the polls pass vote for delegates to this Convention. I in approval upon the Constitution under suppose they had the power of providing for which they are to live until anothier revoluthe election of delegates then, because the tion of this kind takes place. How frequent taking their seats was conditional upon the those revolutions will be in Maryland I cansense of the people to be then ascertained. not undertake to say. But it was not precisely the mode authorized But I do say that I think it is a bad cusby the present Constitution. Still, they had tom; one in violation of the American sysas much power to do that as to call a Con- tem; one for which I do not think there has vention at all. The 11th article provides, been any imperative necessity. And I think in addition to what I have already read: that whatever may have been the practice in -" and in case the majority of votes cast at the past, we ought to see that in the future said election shall be in favor of calling a the mode of amendment and alteration we Convention, the Legislature shall provide for may agree upon here, and which the people, assembling such Convention and electing when they shall pass upon this Constitution, delegates thereto at the earliest convenient shall adopt as their will upon the suiject, day." shall be regarded and not violated by the Evidently this 11th article of the Constitu- Government organized under the new Contion intended that, after the ten years had stitution; and that the right of the people elapsed, and the census returns had been to alter and amend their form of Government 143 shall be exercised in the mode that they I majority of them, sanctioned the Constitution themselves have agreed upon. That was the framed by that revolutionary Convention, idea that presented itself to my mind some and thereby made it legal. And what was days ago, when I first read over this bill of that, but a recognition and assertion of the rights. I have not put my amendment in principle contained in this first article' that the form that the people have not the right they (the people) have at all times the unto alter or change their form of' Government alienable right to alter, reform or abolish in any other mode, for that right nas been their form of' Government in such manner as exercised so frequently that I do not think it they may deem expedient," whether in conworth while to dispute it. I concede that formity with or in opposition to our Constiright; but at the same time I think it should tutional provisions and restrictions. be accompanied by the declaration that all 1 Now, sir, there are apparently three modes alterations of the Constitution should be of revolution indicated by thediscussion here made in the mode and manner which the to-day. There is a revolution in conformity people themselves halve previously prescribed. to law, according to which the gentleman from Mr. NEGLEY. I think that the most con- Somerset (Mr. Jones) would have all revoluclusive argument against this limitation upon tions take place in Maryland: or rather all the' unalienable right" of the people of Ma- reformantions in the fundamental law. There ryland " to alter, reform or abolish their is that mode of reformalion a reformation form of Government in such manner as they strictly in compliance with the fundamental may deem expedient," has been adduced by law of the State. Then there is another the gentleman from Somerset, (Mr. Jones.) form of reformation, or revolution, which He has shown that the people of Maryland was adopted in 1850, and which, according are so given to revolution, so firmly fixed in to the argument of the gentleman from Somtheir deterniination to di regard all constitu- erset is now again adopted; a revolution in tional restrictions upon this right, that they reforming the fundamental law of the State, will call Conventions and make Constitutions partly according to law, and partly not. The in violation of any law, or any provision other was legal revolution; this is a revoluwhic.h may be inserted in the organic and tion illegal in part. Then there is another fundaniental law of the State. Why, sir, he form of revolution outside both of them; that says that in 1850, in direct violation of the is a revolution by force, which nobody doubts Constitution of 1776, they passed a law call- the right of' the people to exercise. Indeed, ing a Convention; and according to the I suppose nobody wvill question now the inalthread of the gentleman's argument, that ienable right of the people to resort to either call and that Convention were as absolutely of these three forms of revolution. And the and unconditionally revolutionary s was a facts adduced by the gentleman from Somerthe meeting of MIr. Dorr and his associates in set show most conclusively the utter folly and the State of Rhode Island. That Convention i bsurdity of limiting this right resident in had no authority of Constitutional law, and the people. not having that authoritsy, it was unconstitu- I admit, however, that there is not only tional and revolutionary. ~ apparently but substantially a contradiction Mr. JoNES, of Somerset. There was this ibetween this first article and the 44th article difference between that Convention and the of this bill of rights, and I think the 44th Rhode Island case: that Convention had the article should be made to conform to the previous assent of the Legislative Department first. I do not see how the Convention of of Maryland; a most important difference 1850, after having passed the first article of and distinction. the bill of rights, could at the end of that Mr. NEGLEY. Grant that it had the assent bill of rights have inserted this other artiof the Le(islative Department of Maryland; cle, because it is a direct denial and contrabut that Legislature had no more right to diction of the first article in part. I am oplegislate in that particular way than Mr. Dorr posed to the amendment offered by the genand his associates had a riaht to get up a tleman from Somerset. I am opposed to this revolution in Rhode Island, in their particu- restriction. The history of the State of Malar way. In point of fact there is absolutely ryland, the history of the country, show that no difference between the two cases, so fitr as there is no use in such restrictions. the revolutionary principle is concerned. The Let us pass this article, acknowledging one was a revolution entirely without the this inviolable right in the people, Is forms of law, and the other was a revolution,! there are any danger in acknowledging that partly in compliance with law, but in the right? It is not an acknowledoment of the grand, moving, revolutionaryelement, it was propriety of exercising it at all times and unin violation of lanw. der all circumstances. It does not say to the And according to the argument of the gen- people of Maryland —you better adopt the tleman, the present Convention is in violation revolutionary and forcible right of reforming of law; in violation of the Constitution of your government, rather than the legal and 1851. We are then assembled here as a peaceable one. It is merely an acknowledgrevolutionary body. And the people, or a ment, in an abstract way, of a fundamental 144 right of the people of Matryland. Therefore form of government in such manner as they I am in favor of this article as it stands, and mav deem expedient." against the proposed amendment, or any other The amendment now under consideration limitation or restriction of that right. This proposes to limit the universality of that article of the bill of rights, as it now stands, rule, and it strikes me as eminently proper was very fully discussed and very elaborately that it should be limited. It may be true argued in the last Convention. And upon that all government originates from the peothat argument it was adopted and inserted in ple, that it is founded in compact only, and the Constitution. And I cannot.see how in that it is instituted solely for the good of the the world that Convention afterwards inserted whole But while it is undeniably true that the 44th article in that bill of rights. I am they have the right to alter or reform or abolin favor of this first article as it now stands, ish th(ir form of government, does it necesand of making the 44th article conform to it. satrily follow that the good of the community, Mr. DENNIS. I have but a few words to the good of the whole, will be promoted by say, and shall endeavor to confine myself to this wild hurricane rage to which all comthe merits of the subject before the Conven- Imunities are liable? Does it follow that this tion. I understand the amendment proposed power which resides in a community is best by my colleague (Mr. Jones) in effect to be exerted by a mere majority of the community that the form of government we may here de- whenever they may get together? Because vise ought not to be changed except in con- the majority outnumbers the minority, it may formity to the mode which may be therein be by one only, should that majority do what prescribed. Now the 44th article;which the it pleases, when it pleases, and where it Committee on the bill of rigthts have reported pliases? I acknowledge no such doctrine. is tantamount to the same thing. It provides: I am for liberty regulated by law, the law " That this Constitution shall not be alter- which every man knows, and to which every ed, changed or abolished except in the man- man can appeal. Liberty without law is not ner therein prescribed and directed." liberty; it is but the license to do whatever So that really those members of the Con- the will of the majority may impose upon the vention who advocate and sustain the amend- minority. mlent are advocating and sustaining an article How Is this unalienable right to alter, renot yet before the Convention. And those reform or abolish to be exercised, if it is not gentlemen who are opposing this amendment to be done in conformity with the laws of the are opposing the proposition contained in the land? Will gentlemen please tell me how it is 44th article of the bill of rights as reported to be done, where it is to be done, and when by the committee. I suppose, however, it is it is to be done? Can a mere numerical mathe same thingf whether the discussion takes jority assemble anywhere and whenever they place now or hereafter; because the principle please, and upturn the existing institutions involved being the same, it matters not wheth- of the land, and cast loose all the elements er the discussion takes place at the commence- of society? And is society to become a ment or at the close of the bill of rights. I wreck because a mere majority may choose take it for granted then that we who sustain to say so? Are they to assemble whenever the report of the committee are to sustain it they please, without notice to others of the against the assaults and attacks of those gen- community who are to be affected by their tlemen who oppose the amendments of the action; assemble in any place they please, gentleman from Calvert (Mr. Briscoe) and of' to which access perhaps may be debarred my colleague from Somerset (MIr. Jones.) others equally interested with themselves? Now what is this first article? It is true Should not all these considerations be taken it is but the assertion of mere abstract rights. into view by the members of this ConvenBut it has always been understood, and this tion before they determine the unalienable Convention well knows the importance, nay, right of a mere majority to change, alter or sir, the absolute necessity of laying down abolish existing institutions whenever that these abstract principles upon true and earnest majority may choose to exercise that power? grounds, because they, with the Constitution "Originates from the people." Who conwhich is hereafter to be adopted, form the stitute the people? Is there any limit upon substratum upon which the whole legislation that declaration? Will gentlemen who urge of this State must rest, ftr these declaratiojis these wild vagaries of their imagination, it' I of abstract principles have always been treat- may call them so, tell me who are the people ed as a part of the fundamental law of the to exercise these rights, who are the people land. It is therefore necessary to have these who are to step forth in all the majesty of abstract truths clearly and earnestly set forth. pox'Aer —it may be in a majority of one only This first article says: -and say to the minority of only one: we "That all government of right originates will plant our heels upon your necks, and from the people, is founded in compact only make you submit to whatever we see fit to and instituted solely for the good of the impose upon you? Are "the people," the whole; and they have at all times the unalien- people of the entire State, every man, woman able right to alter, reform or abolish their and child in the State; or ate they merely 145 the legal voters of the State, the qualifica- form of government in such manner as they tions of whom are hereafter to be determined may think expedient.' and fixed? If the gentlemen who are op- And that was the first time, as has well posed to this amendment will say that the been said by the gentleman from Frederick people are the legally qualified voters of the (Mir. Schley) that such an enunciation had State alone, then I will agree with them. ever been made in the Deciaration of Rights But the ground they take places the power of Maryland. It created surprise at the time absolutely in the people of the State'un- that such a doctrine should be announced, qualifiedly, in every man, woman and child and Gov. Hicks, at that time a member of in the State; and the opposition to this the Convention, immediately upon the introamendment and the 44th article will involve duction of that amendment, offered the folthem in. the absurdity of voting against the lowing amendment: qualifications of voters, because they assert -" and that any portion of the people of the doctrine that the people, all the people, this State shall have the right to secede and have this unalienable right, and can exercise unite themselves, with the territory occupied it by a majority of that people. by them, to such adjoining State as they Mr. MILLER. This Convention is involved shall elect." in precisely the same difficulty which our He offered it either in serious earnestness, predecessors of 1850 found themselves in, in or with the view of throwing ridicule upon relation to the adoption of this first section the amendment of Mr. Presstman. The of the Bill of Rights. That difficulty arose amendment of Gov. Hicks was, however, then, and it arises now, from the fact that an voted upon in the Corvention, and twentyattempt is made to incorporate into this arti- seven gentlemen from the Eastern Shore cle the latter clause; that the people " have voted for it. The amendment of Mr. Presstat all times the unalienable right to alter, man was precisely what we have now before reformor abolish their form of government this Convention in this first article. That in such manner as they may deem expedient." amendment was adopted, and then the artiNow in the old Constitution of 1776 the cle stood as follows: first branch of this article stood alone: "That all government of right originates "ThLt all government of right originates from the people, is founded in compact only, from the people, is founded in compact only, and instituted solely for the good of the and instituted solely for the good of the whole; and they have at all times the un~ whole." That was a declaration made by alienable right to alter, reform or abolish our ancestors of 1776 as against monarchic- their form of government in such manner as al forms of government. It was a declara- they may deem expedient." tion against the divine right of kings to Then the difficulty before that Convengovern; against aristocracy; against the tion was that they had before them also the right of mere birth or hereditary privilege; 44th article of the old bill of rights, and and it was not until the Convention of 1850 they wanted to make that conform to this met that this new doctrine was sought to be declaration. On page 232 the distinguished incorporated into our bill of rights. When and honorable gentleman from Kent, {Mr. the gentlemen who composed the Committee Chambers,) now a member of this Convenon the bill of riohts in the Convention of tion, moved to amend the amendment of Mr. 1850, first drafted and reported it to the Con- Presstman by adding to the end thereof the vention, they stopped where the original bill following-" according to the mode author.: of rights stopped-merely announcing the ized by the Constitution or laws of.he land," doctrine contained in the first branch of this and that amendment in substance was incorarticle. The members of that committee porated into the bill of rights. On page were among the most able and distinguished 238 Mr. McLane moved to amend the amendmen of the Strte-the Chief Justice of the ment of Mr. Presstman by adding to the end State being chairman-and adopted in their thereof the following: report the old bill of rights alone. "Provision ought therefore to be made in Gentlemen of this Convention will find, the Constitution now to be formed, whereby by referring to page 223 of the Proceedings the exercise of such rights at seasonable of the Convention of 1850, that the first arti- periods, and in constitutional assemblies, cle of the bill of rights reads thus as re- would be secured and regulated." ported: Mr. Dorsey moved to amend the amend"That all government of right, orifginat- ment by inserting after the words " they ing from the people, is founded in compact have " in the first line the words, " accordonly, and instituted solely for the good of ing to the mode prescribed in this Constituthe whole." tion, and the laws made in pursuance there.. On page 228, Mr. Presstman, of Baltimore of." That'was adopted, and afterwards the city, moved to amend that article by adding Committee on Revision modified it and put to it the following proposition: it in the form in which it now stands in the -'and they have at all times the unaliena- present Declaration of Rights of the State. ble right to alter, reform or abolish their That is: 146 " That all government of right originates There I rest the right of revolution; and from the people, is founded in compact only, I would say that unless the people of the and instituted solely for the good of the State go under the 5th article of this bill of whole; and they have at all times, according rights, when the government becomes so to the mode prescribed in this Constitution, oppressive that public liberty is manifestly the unalienable right to alter, reform or endangered, they have no revolutionary right abolish their form of government in such whatever. If they wish to change their form manner as they may deem expedient." of government in any other manner, in peaceiNow between that article and the 43d arti- ful times, when there is no oppression, or cle of the present Constitution there is no in- danger to public liberty, and the majority of consistency whatever. That 43d article de- the people think they can make a better Conclares: stitution, which will work more to the ad" That this Constitution shall not be vantage of the whole people of the State, and altered, changed or abolished except in the some peaceful mode is pointed out by which manner therein prescribed and directed." the change may be made, then I say let the But if you adopt this first article here as mode prescribed in the 44th article of the it now stands, without amendment, and then bill of rights-and as the Committee on adopt the 44th article of this report, you have Amendments to the.Constitution ought and two inconsistent declarations coming from probably will provide-let that be the mode precisely the same authority and declared by and that alone, of amending' and altering the same people; who declare in the one that the Constitution; the mode prescribed by " they have at all times the unalterable itself. right to alter, reform or abolish their form My view, therefore, is that we should strike of government in such manner as they may out altogether the last clause of this first ardeem expedient;" and then, in the other, tide, and let the first clause retmain; and then that this form of government, " this Consti- let the 44th article 1provide that the people tution, shall not be altered, changed'or may change their Constitution in the manner abolished except in the manner therein pre- therein prescribed and directed. These are scribed and directed " Now I say that is an the views which I entertain upon this subject. inconsistency from which this Convention in I hope, however, if the article is to be adopted some way must make its escape. Now, ac- as reported, it will be adopted with the cording to my view of the case, I would amendment submitted by the gentleman from strike out altooether the latter p)art of this Somerset, (Mr. Jones,) or some other amendfirst article, and leave it to stand as it did in ment to the same effect. the old bi 1 of rights of 1776, simply a dec- On motion of Mr. DANIEL, laration against monarchical forms of gov- The Convention then adjourned. ernminent, that all government of right originates from the people, is founded in compact EIGHTEENTH DAY. only, and instituted solely for the good of the whole." I would have it to stand there, resting this revolutionary right, about which The Convention met at 12 M. so much has been said, upon the 5th article Prayer by the Rev. Mr. MoNamar. in the present bill of rights, which declares Present at the call of the roll the following and asserts, as the Declaration of Indepen- members: dence declared and asserted, the right of Messrs. Goldsborough, President; Abbott, revolution. But if this Convention is to Annan, Audoun, Blaker, Belt, Berry of Prince adopt this article as it now stands in this George's, Billingsley, Blackiston, Bond, Brisreport, they must either adopt the amend- coe, Brown, Carter, Chambers, Clarke, Crawment offered by the gentleman f'rom Somuer- ford, Cunningham, Cusbing, Dale, Daniel, set (Mr. Jones)-first offered by the gentle- Davis of Charles, Davis of Washingtto n, Delman from Calvert (ir. Briscoe) and then linger, Dennis, Earle, Ecker, Edelen, Gallowithdrawn-or they must strike out entirely way, Greene, Harwood, Hatch, Hebb, Henthe 44th article of their own report. The kle, Hodson, I-Ioffman, Hollyday, Hopkins, revolutionary right is inserted here in terrs Hopper, Hlorsey, Johnson, Jones of Cecil, broad enough, itseems to me, foranypra-tical Jones of Somerset, Keefer, Kennard, King, purpose, in this 5th article, which provides: Lansdale, Larsh, AMace, Marbury, Markey, " That all persons invested with the legis- McComas, Mlitchell, 1Miller, Morgan, Mmllilative or executive powirs of government, kin, Murray, Negley, Nyman, Parker, Parare the trustees of' the public, and as such, ran, Peter, Pugh, Purnell, Robinette, Rusaccountable for their conduct; wherefore, sell, Stands, Schley, Scott, Smlith of Carroll, whenever the ends of government are per- Smith of Dorchester, Smith of Worcester. verted, and public liberty manifestly endan- Sneary, Stirling, Stockbridge, Swope, Sykes, gered, and all other means of redress are Thomas, Thruston, Todd, Valliant, Wickard, ineffectual, the people may and of right ought, Wilmer, Wooden-83. to reform the old or establish a new gov- The journal of yesterday was read and ernment." approved. 147 ORDERS, &o. this Convention to meet each day. The comMr. PURNELL submitted the following mittees are very laboriously at work preparorder: ing their reports for the Convention, and they should have time to consider the matters beOrdered, That the Committee on Accounts, upon the order of the President of this Con- fore them, otherwise, as a matter of curse, the business of the Convention will be revention, pay to Williamu R. Hlammond, who tarded. After the reports of committees are temporarily discharged the duties of Post- tarded After the reports of committees are master, the per diem and mileage allowed to in I wil0 be willing to go with gentlemen toid the Permanent Postmaster, for two days sir-meet at 10 o'clock, or 9 o'clock, or if gentlevice in that capacity at the commencement of men sa' so, at 8 o'clock. But at this stage the session, of our proceedings I think 12 o'clock early Mr. PURNErLL said: I ask that this order be enough. referred to the Committee on Accounts. Be- M fore that is done I would ask leave to make a are losing a great deal of, tie here of mornstatement. Mr. Hammond was the Assistant ings. It appears to nme that any committee Postmaster of the former House of Delegates can meet at 9'clock He came here under the impression that it long, I think, as any commitee remains in was his duty to attend upon!the session of' session..1 think we can all be ready to come the Convention, as well as upon that of the in here at 1 o'clock. We have alvreaIdy been House of Delegates. He came here at the ere three weeks and have acomplishd vey little. I hope the Convention will adopt the last session of the Legislature in pursuance order to meet he Conventio at I ook. the of what he conceived to be his duty, having order to meet hereafter at 11 o'clock. been the Postmaster of the previous House of The question was stated to be upon the Delegates. After having been here several sustitute ofed by Mr. an for the days he was appointed Assistant Postmaster, order submitted by sIr. Sands. and remained here duin the session, and of Mir. SANDS. I accept the substitute offered and remained here during the session and of course received his per diem and mileage. by the gentleman from Baltimore county, When the Convention met he came here under (Mr. Hoffman.) the impression that it was his duty to do so, The question was upon the adoption of the and served two or three days in that capa- order as modified, fixing the tine of comcity, until the present excellent Postmaster mencing the daily sessions of the Convention was appointed. I move the reference of this hereafter at 11 o'clock A. M. order to the Committee on Accounts. Mr. HEBB called for the yeas and nays, and Mr. SCHLEY. Was Mr. Hammond the Post- they were ordered. master of the last House of Delegates? The question having been taken by yeas Mr. PURNELL. NO, sir; hewas the Assist- and nays resulted yeas 54, nays 30, as ant Postmaster, but the Postmaster of the follows: last I-louse of Delegates was not here, and Yeas-Messrs. Goldsborough, President Mr. Hammond, his Assistant, officiated. Abbott, Annan, Baker, Barron, Brown. CarMr. SCHLEY. Is he Assistant Postmaster at er, Clarke, Cushing, Daniel, Davis of Washpresent? ington, Dellinger, Earle, Ecker, Galloway, Mr. PuoNELL. NO, sir, he has gone home. Greene, Hatch, Hebb, Hodson, Hoffman, The motion to refer was then aoreed to. Hollyday, Hopkins, Hopper, Horsey, Jones of MIIr. CUSa[iG gave notice tlhat when inI Cecil, Keeter, Rennard, Larsh, Markey, Mcorder, he should move to amend the 43d rule Comas, Mullikin, Murray, Negley. Nyman, of this Convention by striking out the words Parker, Peter, Pugh, Parnell, Rouinette,' whole number of members elected to the ussel, Sands, Schley, Sith of Carroll, Convention " and inserting in lieu thereof Sneary, Stirling, Stockbridge, Swope, Sykes, the words " members present," so that it Thomas, Thruston, Todd, Valliant, Wickard, shall read, I"and unless it shall thus appear Wilmer, Wooden-55. that a majority of the members present have Noys-Audoun, Belt, Berry of Prince voted in the affirmative the article voted on (eorge's, Billinosley, Blackiston, Bond, Brisshall be declared rejected." coe, Chambers, Crawiford, Cunninghanm, Dail, Davis of Charles, Dennis, Edelen, Haruood, T1IE OF1 MEETING. Henkle, Johnson, Jones of Someiset, King,'Mr. SANDS submitted the following order: Lee, Mace, Marbury, Mitchell, Miller, Morgan, Ordered, That when the Convention ad- Parran, Scott, Smith of Dorchester, Smith of journ to-day it be to meet to-morrow at 11 Worcester-29. o'clock A. M. ORDERS, &C. Mr. HOFFMAN offered the followizng as a Mr. NEGLEY submitted the following order: substitute: Ordered,'Ihat Henry Trich, doorkeeper to Ordered, That this Convention shall com- the last Legislature, be allowed two days mence its sessions at 11 o'clock each day until pay and mileage for his attendance and setotherwise ordered. vices at the opening of this Convention. Mr. BERRY, of Prince George's. I would Mr. N. said: I move the reference of this suggest that 12 o'clock is early enough for order to the Committee on Accounts. The 148 gentleman here referred to is in precisely the I voted on yesterday, on the yeas and nays, same ca'egory as the one embraced in the or- in favor of laying upon the table a proposider of the gentleman from Worcester (Mr. tion somewhat similar to this offered by the Purnell.) I have nothing to say of the mer- gentleman from Worcester (Mr. Purnell.) I its of the case, but merely wish this order to did so because I did not think the gentleman take the same course as the others, and be would reach, by his proposition, the object referred to the Committee on Accounts; and set forth in the preamble. I think the one I if one goes down let them all go together. now offer will more effectually reach the case. Mr. MILLER. That order, if I understand There is great clamor, and very properly so, it, gives the Committee on Accounts no dis- throughout the State, at the delay in the procretion at all. It directs payment to be ceedings of this body; and I believe the made, and all the Committee on Accounts adoption of this order will bring gentlemen would have to do, if the order be referred to to the necessity of at least attending more them, would be to allow such pay as is usual punctually than they do now, and thereby in such cases. I did not understand the or- tend to facilitate the deliberations of'. the der submitted by the gentleman from Wor- Convention. cester (Mr. Purnell) to read in that way; Mr. THRUSTON. I shall vote for this order, but that it left it entirely to the- Committee for I think it will tend to hasten the business on Accounts to enquire whether any services of the Convention. There seems to be a had been rendered, and if so then to deter- great deal of distsatisfaction at the amount of mine how much should be paid. business which appears to have been done by Mr. NEGLFY. I do not ask the Convention this Convention. I think this order. will to pass the order; I ask merely to have it re- tend to show the people that there is a prefibired to the Committee on Accounts for their vailing anxiety here to accomplish the busiconsideration. ness of the Convention in the least possible The question being taken the order was time necessary to do it satisfactorily, I shall, referred according ly. therefore, support the order. Mr. PUGH submitted the following order: Mr. BARRON. I cordially endorse this orOrdered, That Harold Winaate be ap- der. Now if gentlemen mean what they say, pointed a page to this Convention. this is the time for them to come up to the Mr. HEBn moved to lay the order on the scratch. Let us see if we mean what we have table. so often said. I do hope this order will be The question being then taken upon the adopted. Gentlemen may now be compelled motion to lay on the table,: upon a division, by force of circumstances to be away; for it was agreed to, ayes 38, noes 34. that they should not be punished, and I so On motion of Mr. BAKIER, it was voted yesterday. But if we are compelled to Ordered, That it be entered on the Journal remain here after the time fixed in this order, that Mr. Schlosser is absent from his seat on then if it is adopted we shall be here without account of domestic affliction. pay; and I will vote for it most cheerfully. Mr. THOMAS. I would ask the unanimous Mr. DANIEL. I rise to make the motion to consent of the Convention to make a correc- lav this whole subject on the table, for the tion on page 87 of the Journal, in reference reason that I think if we want to accomplish to an order submitted by me on last Satur- the end avowed we ought to do it directly, day. The order, as adopted by the Conven- and say that the Convention shall adjourn at tion on my motion, was that the Comptroller that time. But if there is any necessity for be requested to furnish the Convention with a our staying here over the time named, we statement of the amount of stock held by the should receive our pay for it. I move to lay State of Marylalnd in railroad securities, &c. this order on the table. By enquiry since I have ascertained that the Mr. BARRON called for the yeas and nays, Treasurer is the proper party to furnish that which were ordered. information. I therefore ask that the Jour- The question being then taken by yeas and nal be amended by striking out the word, nays, resulteda-yeas 46, nays 38, as follows: "Comptroller" and inserting the word Yeas —Messrs. Audoun, Billingsley, Black" Treasurer " in its stead. iston, Bond, Briscoe, Brown, Chambers, The PRESIDENT. That cannot be done ex- Crawford, Cushing, Dail, Daniel, Davis of cept by general consent; if objection is made Charles, Davis of Washington, Dennis, Edethe gentleman rmust seek to attain his object len, Harwood, Hatch, Hodson, Hollyday, by a motion to reconsider. Hopkins, Horsey, Johnson, Jones of Cecil, No objection being made it was ordered Keefer, King, Larsh, Lee, Mace, Markey, accordingly. Mitchell, Miller, Morgan, Mulrray: Nyman, PER DIEM OF MEMBERS. Parran, Purnell, Robinette, Scott, Smith of Mr. ScHLEY. I move the adoption of the Carroll, Smith of Worcester, Sneary, Swope, following order: Sykes, Valliant, Wickard, Wilmer-46. Ordered, That on and after the 27th day of Nays —Messra. Goldsborough, President; June next, the per diem of the members of this Abbott, Annan, Baker, Barron, Belt, Berry Convention shall cease and be relinquished. of Prince George's, Carter, Clarke, Cunning ham, Dellinger, Earle, Ecker, Galloway, amendment of their form of government has Greene, Hebb, Henkle, Hoffman, Hopper, been previousli agreed upon and prescribed Jones of Somerset, Kennard, Marbury, Me- by the people in their written Constitution." Comas, Mullikin, Negley,. Parker, Peter, Mr. DANIEL. I had notintended to say a Pugh, Russell, Sands, Schley, Smith of Dor- word upon this subject, nor do I now intend chester, Stirling, Stoclkbridge, Thomas, to occupy more than a few minutes of the Thruston, Todd, Wooden-38. time of tile Convention. I do not rise to disSo the motion to lay on the table was cuss at all the questions adverled to in the agreed to. debate of yesterday. I shall not controvert PERSONAL EXPLANATION. the position of the right of the people by revMr. BELT. Would it be in order for meto olutiot, whether commenced by the people, make a personal explanation atthis time? or ratified by them, to change their organic The PRESIDENT. It is in order. law. Still I can see the propriety of some Mr. BELT. My attention has been called to way being indicated in the Constitution by an editorial article il the Baltimore Clipper which it may be changed or altered. I disof this morning, in which I am credited with agree entirely, however, with gentlemen who the authorship of a proposition which was contend that this is the proper place to insert offered here by the gentleman from Wash- such a provision. I think the article is best ington county (Mr. Negley) upon the sub- as it now stands. It is the assertion of an ject of the basis of representation. The abstract principle, the assertion of a great writer of this article evidently felt that he truth,-and my objection to the amendment was in a bad dilemma, as between his evi- offered by the gentleman from Somerset (Mr. dent approbation of the order which he as- Jones) is that all amendments or provisions cribes to me, and his equally strong disin- which seek to add to or take firom this article clination to give any credit to myself or any detracts from its force and power. And at one from my part of the State to offer any- the proper time I shall move to strike out the thing deserving commendation. And while last article in this bill of rights as repoited he clearly endorses the principle embodied in by the committee. Indeed, I h1ad understood the order which he attributes to me, he is from the report that it had been stricken out. equally clear in his disapprobation generally But I shall go for inserting in the Constituof myself. I read from the editorial: tion, in the proper place, as is in the Consti"The' resolution offered by Mr. Belt M as in tution we now have, a provision indicating these terms: the way in which this Constitution shall be "That the true theory ofi representation in altered or amended. But I think this article popular governments is that of representation as it stands is sufficient for all purposes htlre. according to:population, except in such cases As I have already said, I consider that any where a portion of the population is denied alteration of it will detract from its force and the exercise of the right of suffrage, in which power. case representation ought to be according to On last night I took occasion to look at.population endowed with the elective fran- several of the Constitutions of' different States, chise." and I found in every one tihat I examined, That was the proposition of the gentleman without a single exception, substantially the fiom Washington county (Mr. Negley.) I very same article we have in this replort, wish to take this opportunity of' removing without alteration or anr.endment, and but any misapprehension that may exist, by slight difference in the phraseology. I will stating that so long as I preserve my facul- read from some of them. I take the Constities, I do not think I shall ever endorse the tution of the State of Mliaine, as first occurring principles for which I have received credit in in this volume. Article 2 of the Declaration this morning's paper. of Rights, in the Constitution of Maine, reads DECLARATION OF RIGHTS. thus: Mr. STocKsRIDGat moved that the order of "All power is inherent in the people; all the day be taken up. free governments are founded in their authorThe PRESIDENT. The other business before ity, and instimut(d for their benefit; they the Convention having been disposed of, the: have, therefore, an unllienable and indefeasiorder of the day comes up without any motion. ble right to institute oeovenmetnet and to The Convention then resumed the consider- alter, reform or totally change the same, ation of the special order, being the report whe[n their safety and hll)ipijess require it."' of the Committee on the Declaration of Rights, I turn to'the Constitution of the State of which was on its second reading. Pennsylvania, and in the bill of rights there The pending question was on the amend- I find pretty much the same declaration, in ment submitted by Mr. Jones, of Somerset, these words: to the 1st article, as follows: " That all power is inherent in the people, Add at the end the following " but this and all free governments are founded on their right ought only to be exercised in the mode authority, and instituted for ltheir peace, previously agreed upon and prescribed by the safety and happiness: For the advencenient people, whenever a mode of alteration or of those ends, they have, at all times, an un 150 alienable and indefeasible right to alter, re- them, in reference to the change of their orf'orm or abolish their government in such ganic law, anything that any previous Conmanner as they may think proper." vention may have ordained. For that reason I will now make one or two references to I think that whilst it is proper for us to inthe Constitutions of some of the Southern sert in its proper place a provision in referStates. I turn to the Constitution of the ence to amendments or alterations of this State of Tenne.ssee. In their Declaration of Constitution, that provision ought not to be Rights the first article is in these words: in the terms of the present Constitution, that "That all power is inherent in the people, the people shall alter or amend in this way and all free governments are founded on their and no other; which the people have disreauthority, and instituted for their peace, garded for themselves and treated as an absaft'ety and happiness; for the advancement surd assertion on the part of those who made of those ends, they have, at all times, an un- it. I shall therefore support this article as it alienable and indefeasible right to alter, re- now stands, without amendment or alteration. form or abolish the government in such man- Mr. BOND. It appears to me that in the ner as they may think proper." discussion of this question there has not been I now turn to the bill of rights of the that clearness of statement as to what the Constitution of Mississippi, which is the last question really is, that ought to be put beone fi'om which I will now read. It is there fore this Convention. The question of the declared- unalienable right of the people to change " That all political power is inherent in their government has been mixed up with the people, and all free gov(rnments are the question of' the expediency of providing founded on their authority and established some particular mode in which that right for their benefit; and, therefore, they halve, shall be exercised. Now, sir, no one denies at all times, an unalienable and indefeasible the right of the people to modify or change right to alter or abolish their form of gov- their Constitution at will. That is a princiernenlt in such manner as they may think pie so universally acknowledged that no man exipedient.." in any part of' the United States, that I am I find the same in the Constitutions of the aware of, has ever been heard to deny it. States of Connecticut, Virginia, Kentucky, But the question here, and the only quesAlabama, and every other State that I have tion, as I understand it, is the expediency of examined. That simple doctrine is asserted, providing some particular mode by which the and left to st and alone in its grandeur. And people shall act in their exercise of this right. nowhere in the bill of rights of any of these Shall the people., by the broad declaration States do I find anything that provides for contained in this first article of the report of the amendment or alteration of their Consti- the Committee of the Bill of Rights, be left tutions. I, therefore, prefer to take the ar- at liberty to adopt the course of proceeding tide here as it now stands, and to follow the which Dorr adopted in Rhode Island; shall guides that have been laid down for us by they be left at liberty to say at any timethe embodied enlightenment of all the States our Constitution wants alteration-and to of this Union in makingy their Constitutions, call meetings throug-out the State, in any rather than to alter it or add anything to it, county or city of the State? Why, sir, such which, in my judgment, materially detracts a course would be productive of' the greatest from its force and effect. anarchy and the greatest evils, and would As I have already said, I shall move in the probably result in war and bloodshed beproper place-under the head of amend- tween contending parties. The only thing, merits to the Constitution, or some other therefore, which seems to me to be necessary proper place-I shall move myself, if some to provide for in this Constitution, is a way other gentlemaln does not, to insert a provi- for the people to exercise their right to change sion prescribing the mode in which this Con- theii Constitution; not that the people have stitution shall be altered or changed.. But I no such right, or shall be bound by the act think that provision ought to be rather ad- of this Convention for all time; because the visory and suggestive than positive and di- right of revolution lies behind and beyond rectory in its terms, as it was in the last Con- anything this Convention can do to bind stitution, and which the people disregarded; them; nobody doubts that, nobody deniesit. or at least as it was in the Constittion of But is it not the safer and better course to 1716, which, according to the gentleman point out some peaceful mode, regulated by from Somerset, (Mr. Jones,) the people dis- law, by which this change may be brought regarded in 1850. The people have always about whenever the people desire it? And claimed the right, whenever they chose to it is with that view that I propose to offer an alter their own Constitution, to do itin their amendment to the amendment of the gentleown way. And whether that change in its man ifrom Somerset (Mlr. Jones) to strike out incipiency comes from the people, or it is all after the word "manner " in the fourth ratified by the people when proposed by line of this article, and insert the words " as others, it makes no difference; the people may be provided by this Constit tion." have said they will not consider binding upon Then the article will read: 151 " That all government of right originates Mr. BERRY, of Prince George's. Would it from the people, is founded in compact only, be in order to move to strike out a portion and instituted solely for the good of the of the original article? whole; and they have at all times the un- The PRESIDENT. Not until the pending alienable right to alter, reform or abolish amendments are disposeo of. their form of government in such manner Mr. BERRY, of Prince George's. The ob(not'as they may deem expedient,' but) as ject which I proposed to accomplish was to may be provided by this Constitution." have all the first article stricken out after the That leaves the full and plenary right of word " whole," in the third line of the rethe people unimpaired in that respect, and port. If that were done, it would then leave simply points out a peaceful mode, regulated this first article to conform to the first article by law, by which they shall act and when of the Declaration of Rights in the old Con. they shall act. Is not that a safer course stitution of our State, and would then read than to leave the matter as it now stands in thus: this first article, which would seem to au- "That all government of right originates thorize any demagogue to start up with a from the people, is founded in comp;ct only, proposition to reform the Constitution? As and is instituted solely fobr the good of the 1 said before, such a course would be attended whole." with great danger to the peace of the cornm- That would conform precisely to the promunity. The only effect of the amendment visions in the old Constitution which was eswhich I have the honor to submit is simply tablished in 1776. It is an enunciation of a to point out a peaceful, quiet mode, regulated principle well established, and it would then by law, by which this alteration shall be made. contain sufficient for all purposes in support Now, it may be said, if this amendment of that principle. Now I do not agree with should be adopted, it would conflict with the my friends that this is the place to authorize 44thl article of the report as made to this amendments to be made to the Constitution, Convention. That article reads thus: or to point out any mode in whioh the Con"'That this Constitution shall not be al- stitution which we may f'rame here may heretered, changed or abolished, except in the after be amended. I think the 44ih article manner therein prescribed and directed.' of the Declaration of Rights, as reported by When that 44th article is taken up it will the committee, accomplishes all,hat is debe time enough to modify it; and I think it sirable. That article provideswill be right so to modity that article as to'That this Constitution shall not be almake it conform to the provision I propose to tered, changed or abolished, except in the insert. It is not that the Constitution shall manner therein prescribed and directed." not be altered, or changed, or modified, ex- That would be sufficient in the Declaration cept in a certain way, because that would of Rights; and in some other portion of the negative the idea that the people have the Constitution that declaration could be carright to change or alter their form of govern- nied out by setting forth the peculiar mode ment. They have that right undoubtedly: and manner in which the people might but it is the rightof revolution; and no man change their organic law hereafter, should denies that right. It is the right of revolu- they feel so disposed. tion, and is n)thing short of revolution, Now I do not agree with some of the genwhenever a reform of the Government is at- tlemen who have addressed this Convention, tempted in any other way than in the mode in their conclusion that the Convelution held pointed out by law, and regulated by law. in 1850 was in itself revolutionary. I will And my purpose is solely to bring to' the con- state to those gentlemen that they will find sideration of the Convention the simple ques in no part of the Constitution ot 1776 tany tion of the expediency of pointing out in this article or section prohibiting the people from Constitution the mode by which it shall be calling together, at their will, a Convention altered, and not leave it to the wild vagary for the purpose of refraining or reconstructof any demagogue who may choose to assert ing their organic law. 1y reference to that that the time has come for altering it. And Constitution, it will be found that it simply the words " as they may deem expedient," pointed out the mode in which the Constitunow found in the article as it stands, would, tion could be changed by the General Assemit seems to me, justify any assembling of the bly of the State of Maryland; hjut not one people anywhere for the purpose of changing word prohibiting the action of the people in the Constitution. It is for that purpose alone that respect. I now refer to the 591h article that 1 have offered this amendment, and I of the old Constitution, which reads: hope it will be adopted. " That this form of government, and the Mir. BERRY, of Prince George's. Will it Declaration of Rights, and no part thereof, now be in order to offer an amendment to shall be altered, changed or abolishehd, unthe pending amendment? less a bill so to alter, change or abolish the The PzESIDnENr. It is not now in order, same, shall pass the General Assel)bly and there being already an amendment to an be published at least three montlhs before a amendment pending. new election, and shall be confirmed by the 152 General Assembly, after a new election of call together another Convention for the purDelegates, in the first:ession after such new pose of reframinig the organic law of our election; provided, that nothing in this form State. Let us act here not from prejudice, of governmeut, which relates to the Eastern but from principle. Let us look to the true Shore particularly, shall at any time here- interests of the people of this State. If we after be altered, unless for the alteration and look to that, and adopt that as our guide in confirmation thereof at least two-thirds of all the course of action we may take here, we the memtbers of each Branch of the General will then frame a Constitution which will Asseimbly shall concur." meet with the approval of the people, and It was not intended by the framers of that will subserve the purposes and interests of Constitution that there should be:any prohi- generations to come. We are not here to bition of the right of the people at any time make a Constitution for a day: we are here to arise in their majesty and assert their to make a Constitution for all time to cole, power as a sovereign people of a sovereign and I trust that we will bring to bear the State. That article is only directory as to. highest wisdom in perfecting an organic law the mode in which the Constitution shall be for the future government of the people of changed by the General Assembly of the the State. State. But according to my construction of Mr. SANDS. I had not purposed yesterday the Constitution, there is no prohibition of to occupy the time of this Convention in disaction by the people at any time they may cussing this question; and I am sure' entlethink proper. If I am right in my view, men will bear me out in saying that I was then the construction of my friend from Bal- very brief in the remarks I then submitted. timore city is wrong; that this provision is But I find it necessary in order to the correcunnecessary in the Constitution to be framed tion of an impression which may then have by us here, because all prohibitions have been made, to occupy your time biiefly this heretofore been disregarded by the people. morning. Mr. DANIEL. The gentleman has misap- I stated yesterday that it had been an obprehended my argument. I merely said that jection urged by the opponents to the call of this was not the proper place for such a pro- this Convention that the Legislature which vision; that it should come in in another called it had no power to do so; the provision place. in the Constitution being that it should be Mr. BERRnnY, of Prince George's. I under- done by the next Legislature convening after stood my friend to say that all prohibitions the taking of the census of the United States. had been heretofore disregarded by the peo- That statement was met by the excellent genple, and therefore it was unnecessary to place tleman from Kent (Mr. Chamnbers)-than any such provision in the Constitution. whom I am sure nobody in this Convention Mr. DANIEL. The gentleman misunder- knows more about anything —that it had restood me then. I said that I thought it mained for the gentleman from Howard to should not come in in this particular place, turn political Columbus and discover that but that I was in favor of it in another place. great fact; that it had never, either by steam Mr. BERRY, of' Prince George's. I hold, or electricity, penetrated to the depths of' sir, that the people have at all times the right Kent county; and that he did not believe to change their organic law. But I hold fur- that anybody but myself had ever heard the ther that there should be a mode pointed out statement. Now I hold in my hand, in all by which that change can be attained. If I the dignity of sheepskin, the message of Gov. understand thie case referred to by gentlemen Bradford to the Legislature which called this here on yesterday-the case which arose in Convention, in which this very statement is Rhode Island-and it'I understand the course contained. I understood the gentleman fiorn of argument there pursued by Mir. Webster, Prince George's (Mr. Clarke) also to declare it was this: that the election that took place that it was Lis first hearing of this fact there was objectionable because there was.no Mr. CLARKE. I did not say it was my first'body in existence which had presented the hearing of it. I said that when the vote was question to the people to be passed upon by taken upon the bill calling this Convention, thein; as to whether they would have a in defining the reasons which governed me change in their organic law; that it was ne- in that vote, I expressly admitted the power cessary that the quo mnodo should be clearly and of the Legislature to call a Convention. And distinctly pointed out and that not being when the member from Howard county (MIr. done, therefore the people had not properly Tyson) offered a bill upon this floor upon passed upon the question, and tkhe action taken that subject, I expressed my willingness to was nugatory and would not be carried out. vote for it, because I regarded it as a constiI hope that all these provisions-may be care- tutional bill, and I was willing the sense of fully examined, and fully and freely discussed; the people should be taken upon the subject. and that there may be such wisdom brought And gentlemen now here, who were memto bear by th s Convention, in framing the hers of that Legislature, will bear rue out in organic law of this State, as will make it the statement that I voted for the proposition unnecessary for years and years to come to of Mr. Tyson. 153 Mr. SANDS. If I have wronged the gentle notice. My friend, the gentleman from man in classing him with the gentleman from Prince George's, (Mr. Clarke,) by the manKent (Mr. Chlambers) I beg his pardon. ner in which he adverted to the meagreness But I muist beg him not to bnrden my of the vote at the election for this Convenshoulders with any sins committed by my tion, hinted, I thought, that it was scarcely predecessors. coming up to the dignrity of sovereign State Mr. CLARKi. had heard Gov. Bradford's action7 inasnIuch, I understood him to say, argumrent, but thought that lie had erected a only some 30,000 votes were cast at that elecgreat many castles in the air, which he was ti.on. trying to overthrow, which nobody ever Mr. CLARKE. For the Convention; not at sulpposed -until then existed, the election; 50,000 votes were cast at the Mr SATIDS. Not being the Secretary of election; 30,000 in favor of a Convention. State or Gov. Bradtfrd's Private S&cretary, 3Mr. SAN.DS. The gentleman is a thousand I cannot be called upon to answer that. T votes or more out of the way. will now read from page 26 of HIouse Docu- {Mr. CLAnKE. Well; 31,000. rients for 1864 what the Governor said upon IMr. SANDs. The vote cast at the election that occasion: -was between 51,000 and 52,000, of which " The nirst point involved in its considera-.31,000 and more were in favor of the Contion is one of constitutional power." vention. And we were sent here by almost And right here let me say, as I have said two-thirds of nearly 52,000 votes. If, for before, that while I have all due reverence the reasoni that only 31,000 and some hunfor Constitutions, I am determined not to dreds of the qualified electors of the State perish, as I have known soime men to do, of voted for us, we are not here in a position to ~'constitution on the brain2.' Now as to act as the representatives of the sovereign what the Governor sass in his message State of' AMaryland, then I ask what, on this " The first point involved in its considera-, same doctrine, becomes of that Convention *ion is one of constitutional power. It hats which assembled in this hall in 1850? Burns been supposed by some, thatinasmuch as the p-t a very good sentiment into homely Constitution provides that the qulestion of' Scotch jingle, when he said: its armendment shall be submitted to the peo- " Facts are chiels wha -iunading, pie by the Legislature which assermbles frst And dar-emna be disputed." after the taking of eachi census, that such question can be submitted at no other time it is always best to rely upon facts, and if -and by no other body, and that the last we do so, then if this objection holds good as Legislature, having failed to perform that to us, we will see how it applies to the Conconstitutional duty, it cannot be discharged vention of 1850. If gentlelmen will turn to by the present." the proc;eefdings of the Maryland State ConNow if the objection to the calling of tlhis vention of!850, they will find on the page Convention by the last Legislature is not immediately succeeding the index, that the,clearly- and distinctly stated in tiis executive total vote cast at the election for calling that document, I do not know lwhaut is clearly Convention, all parties included, for and stated. And, in contradistinction to the agaist, amounted to only 29 463 votes; not opinion of the gen tlems,n from P i nce George's as mlanuy votes cast then, both for and against sMr. Claruke) I think the Governor's looic on a Convention, by some thousands as were this nmatter is just a~s sound as it is possible cast in favo,'of the assembling of this Convenfor resoning to be. Hear it: tion. Then what becomes of the objection to The error of such a theory is ii failing this Convention, or its status as the represento discriniminte between a qulesion of duty tative of the sovereign people of Maryland,;uand one of uight, for thougoh the d uty imposed in the face of the fact, that the Constitution by the Constitution of submitting the sub- under which we have been living since 1851, ject of' amendment to the people at stated was made by a Convention called together by times attaches only to the Legislature imme- a vote of less than 29,000 citizens of the State.diately succeeding the returns of the census, oI f.Maryland. yet the right oi submitting such a question The gentleman may ask, where, after. yon, and providing for a Convention belongs as have counted the 52,000 votes cast at this, u-nquestionably to you as it did to your im- election, are the balance of the 90, 000.voters. media.te predecessors, or to any precedl.ing of this State? Now, sir, I have an unaswerLegislature." to tha.t in part. Some of them were abroad~: There is the true distinction between the on land and at sea, upholding the banner of -duty of the Legislature which convened next their country-God bless them fordoing thato after the takiing of the census, and- the right Gentlemen may suggest bayociets.. But of any subsequent Legislature to do what the where were the absentees of 1850?? Bayonets last Legislature did; that is, to give the peo- were unknown things at that time. Gentle — ple an opportunity of reforming their organic men say-why did not the people turn out in. law. force in 1864? I ask, why did they not turn Now there is another point I must briefly out in force in 1850? There was a greater:: q-1 154 disparity between the votes cast then, and to the Legislature, and is in consonance with without any reason whatever for it, and the the terms of the pr -existing Constitutiou and actual vote of the State, than there is now. I the facts connected with the last Convention. say we are here, and fairly called here, by a Now this is what will settle that point: larger vote than ever before was given for the "It was by that Constitution expressly same purpose in the State of Maryland. declared, that it should only be changed or And I have heard the talk about "emanci- abolished by the acts of two successive Legpation vagaries," &c. Now I did not intend islatures in a manner particularly specified, to touch that matter to-day; and if I ever yet, (adds the Governor, and which is the address this Convention again, I expect it will fact) it was entirely abrogated by the action be but once more, and on that very subject. of a Convention." I do not intend to touch it to-day. But Now the truth of the matter is just this, as gentlemen better remember that what they gentlemen well know; the Constitution excall " vagaries," are the solemn convictions isting anterior to 1850 declared that it lwas of at least 31,000, some hundred men, who amendable only in a specific way, that spewent to the polls last month and voted for cific way. and method being by the acts of the call of this Convention Those are rather two successive Legislatures. Now who preweighty vagaries, and gentlemen better give tends that the Convention of 1850 assembled them their just consideration. They are no in conformity with the provisions of the then vagaries, but solemn convictions, which have existing Constitution? been forced upon the minds and hearts of the Mr. BELT. Will my friend from Howard people by the deplorable events of the last (Mr. Sands) allow me to make a single sug-:few sorrowful and bloody years. gestion? I cannot agree with the gentleman from Mr. SANDS. Certainly. Prince George's, (Mr. Berry) that the call Mhr. BE.,T. It is that possibly the Governor for the Convention of 1850 approximated in his message, and the gentleman in his arnearer to the provisions of the pre-existing gument, entirely overlook the 42d section of Constitution than the one for this Convetion the old Declaration of Rights. It is true, did. that the clause in the Constitution prescribes fMr. BnRRY, of Prince George's. I made no the acts of two successive Legislatur s as the such statement, Isaid that there was no pro- manner in which the Constitution shall be.hibition in the old Constitution against the changed. But the 42d article of the Declacall of a sovereign Convention. It only ration of' Rights settles the question. It is: pointed out the mode in which the General "That this Declaration of' Rights, or the Assembly could change the Constitution. form of government to be established by this Mr. SANDS. I think the gentleman is still Convention, or any part of' either of them,.in error. ought not to be altered, changed or abolished, Mr. BERRa, of Prince George's. Then cor- by the Legislature of this State, but in such rect that error. manner as this Convention shall prescribe Mr. SANDS. I will do so. On page 27 of and direct." this document you will find the following: But that makes no reference whatever to "The manner in which our former Consti- the original power of the Legislature to call tution was changed, was, as we all remem- a Convention, ber, apparently in decided conflict with the MIr. SANDS. There is a radical difference provision it contained for its own amend- between the old bill of rights and the old ment.'" Constitution. The Constitution itself conMr. BERaRY, of Prince George's. From what tained exactly the provision which the Govdoes the gentleman read? ernor stated. The 59th article says: Mr. S.NDs. From Gov. Bradford's mes- "That this form of government, and the.sage. Declaration of Rights, and no part thereof, Mr. BEtRY, of Prince George's. I was shall be altered, changed or abolished, unless speaking of the old Constitution. a bill so to alter, change or abolish the same, Mr. SANDS. And I am speaking and read- shall pass the General Assembly and be pubing ol' the old Constitution j lished at least three months before a new elec"The manner in which our former Consti- tion, and shall be confirmed by the General tution was (handed, was, as we all remember, Assembly after a new election of delegates, in:apparently in decided conflict with the pro- the first session after such new election; provision it contained' for its own amendment: vided that nothingr in this form of governcertainly far more~s, than is presented by the ment which relates to the Eastern Shore par-,objection last noticed.'" ticularly,'" &c. That is the objection against which I ar- That is unimportant. I do not mean that.gued yeste day. the Eastern Shore is unimportant, for I have Mr. BlEnRRY,:of:Prince George's. Is that very great respect for that section of country; the geritleman's argrament, -or Gov. Brad- but the remainder of the article is unim-',ford's? portant. Mr.. SANDS. It is Gov. Bradford's -message There stood the Constitution which wa 155 abolished and superseded by that of 1851; friom oppression are such as not to be borne. and it contained a direct provision that that The idea that the people have a right to revoConstitution should not be amended, altered lutionize without some cause for it l My or changed, except in the manner therein pre.. — I I will not take that name: but where scribed. Now was it so altered, changed or is the conservative who allows the right of amended? Is it not notorious to everybody revolution except when revolution is absowithin the limits of this State that it was not lutely necessary? so amended and changed? Insurrection has two forms-revolution, Mlr. BERRY, of Prince George's. Will the when it is put forward against tyranny, and gentleman point to that portion of the old rebellion, when it is put forward against a Constitu lion which reads as he says? fair and lawful and beneficent Government. Mr. SANDS. I read the 59th article. I t has two phases. In one form it is the anMlr. Blmvr, of Prince George's. Does that gel come to strike off bonds, fetters and prohibit the people of Maryland from calling gyves. In the otherl it is the devil dragging a Convention? down to the pit where unhappily we are toMr. SANDs. I will read it again: day. I acknowledlge the right of such revo"That this form of government, and the lution as our fathers made. That was a revoDeclaration of Rights, and no part thereof, lotion of the people against tyranny. But shall be altered, changed or abolished, unless there have been subsequent revolutions, which a bill so to alter, change or abolish the same, I execrate because they have been revolutions shall pa-s the General Assembly and be pub- of amebiliols mten against the people. lished at least three months before a new elec- Mr. JONEs, of Somerset. Will the gentletion, and shall be confirmed by the General man from Howard allow me to ask him, in Assernbl after a new election of delegates, in his admrission of the right of revolution exthe first session alter such new election." isting where oppression and tyranny is too That is the 59th article of the old Consti- grievous to be borne, who are the persons to tution. I think, therefore, that the argumrrent judge of that tyranny and oppression? of the gentleman from Prince George's ( lr. AMr. SANDs. When our faithers revolted and Berry).-I do not know whether it was in- declared their independence, they said: A tended to be in that direction, but it certainly decent respect for the opinions of mankind had tlh t bearingf, and leaning, and tendency. compel us to declare the grounds upon which And it' it was not meant to be that way, but we take up arms. was meant to be perfectly straight up, it was Mr. JoNtes. Then they judged of the neso very straight that it leaned over the other ccss'ty. way. His idea seemed to be this: that the MrI. SANDS. And the christian world enConvention of 1850 was called nearer in ac- dorsed their judgrment. Let other people, cordance with the terms of the pre-existini I who ale in these circumstances go and get the Constitution, than this Convention was. Now same endorsement. I say that this Convention was not only called I say, sir: that this doctrine of the right nearer to, but in exact conformity with, the of revolution in form unrestricted, is the most Constitution of 1851. accursed ia the pages of history. It is that I say then, Mr. President, we are here, first, right which Satan usurped to himself in Parentitled to be tairly cornsidered, by the vote adise; and it has been tollowed under almost cast, the sole and only representatives of' the | analogous circumstances. State of Maryland at this time, her lawful I am afraid that in talking about radicalrepresentatives in this sovereign Convention. ism and conserve tism we are getting into the And I do aver that if I held any other doc- habit of making them convertible for the trine but this, if I did not believe this body terms fictlion and the people. Let the people was lawfully constituted and entitled here to speak out as they have done, in thunder' tones act, the place that now knows me would from the Allegany to the Atlantic; as they know me no longer. I would be a part of' did when you, sir, received their almost no body that I considered revolutionary. unanimous support, and that is "' radical-.Having, to my satisfaction at le=ast, fixed ism," a radicalism which had been scouted, two points, that we are here rightfully both scorned and hooted. I do not feel ashamed as to the vote that sent us here and the law of endorsing that kind of radicalism..1 am under which we are called here, I want to a radical of that kind; I say it now, and I consider briefly our proper action in view of shall never take it back. the -matter now before the House. Gentle- There is a kind of conservatism which is men have spoken of the right of revolution; forever attempting to hamper and restrict the and they have spoken of it in a manner that people in the exercise of their just and unwould seem to me to indicate that revolu- alienable rights. That is not the kind of tions are made of rosewater. They are not, conservatism I like. For a definition of that sir, they are made of terrible civil strife. kind of conservatism that exactly suits my They are mixed with blood and tears. No views, I refer gentlemen to the pages of the right of revolution belongs to the people of' New Gospel of Peace, written by Benjamin any State until the wrongs they are suffering the Scribe, brother to Fernando Wood. 156 Conservatism! where is it found? In the Mr. THOMAS demanded the previous quesbreast of faction, or cabal, or primary meet- tion, and the demand was sustained. ings, or Conventions, or Legislatures of' sov- The amendment moved by Mr. Bond was ereign States? No such thing. Conserv- rejected. atism has its tiue home in the hearts of the The original amendment, moved by Mr. people. Who Wvas it saved your State when Jones of Somerset, was rejected. she was trembling on the verge of that fiery Mr. BERRY, of Prince George's, moved to gulf into which secession has dragged many amend by striking out all after the word of our poor unfortunate sister States. Who "whole." saved Marylaind-your Maryland and mine? The CHAIR ruled the amendment out of Little cabals'? Little cliques? Legislatures? order, the previous question not being yet exIt is a fact notorious to the people of the hausted, the vote not having been taken upon State that these were doinog their best to drag the section. her out of this Union which Washington THIE PREVIOUS QUESTION. founded and loved, and bade us with his Mr. CLARKE. I call for the yeas and nays parting breath cling to. Who saved Ma- upon the whole section. I understand the ryland? Governor Hicks? I honor him. rule of order to be this, in relation to the He is my personal friend. I have a high es- previous question, as adopted by the Conteem for him; but his arm was too short. vention: The Legislature of Maryland? Well, that is' "Its effect shall be to put an end to all depfost history. But answer me, if you can, bate, and to bring the Convention to a direct when the Legislature of Maryland saved MIa- vote upon pending amendments, and the speryland frotm secession. No, sir, it was the cial matter to which they relate."' people, the sovereign people, the bone and The main question here is the adoption of sinew of the land, the men proposed to be the section, just as I contended the rule would[ tied up and restricted in their unalienable operate the other day when we adopted it. rights. They were the people who saved The rule proposed by the committee would 1Maryland. Who are the true conservatives? not now have brought us to a vote upon the The glorious people. I shall never forget the section at all. We should simply have voted scenes which I, as one humble individual, upon the amendments, and the section would passed through at the time of the meeting of then have beeen open to amendment, and that Legislature. I went up to Frederick after the amendments were exhausted we city, knowing some of the members, and should have passed to the next section withtrusting in God that I might do some little out a vote upon this. But this rule brings to prevent the passage of — us at once to a vote upon this section, and The PRESIDENT. The Chair thinks it his upon that question I call the yeas and nays. duty to interpose at this point, considering Mr. DANIEL. It is merely upon the adopthe gentleman as transcending the rule by tion of the section upon its second reading. going into this minute discussion of matters The PRESIDENT. It is not usual to take a not involved in the question pending. vote upon a section upon its second reading. Mr. BRIscon. I hope the gentleman from Mr. CLARKE. I agree that it is not under HIoward will be permitted to go on. the ordinary parliamentary rule, nor would The PRESIDENr. If this discussion is per- have been required if' the House had adopted mitted to go on, it will lead to a discussion the rule reported by the committee. But the of extraneous matters; for if permission is House has determilred to order the main quesgiven to one gentleman, it must be given to tion upon the section. We have had two another gentleman. I amendments and voted upon them, and the Mr. SANDS. If the President will allow rule now requires us to vote upon the special one word of explanation, I will endeavor to matter to which they relate. These amendimake plain what I believe to be the bearing ments relate to this section. Of this argument. The amendment before Mr. STIRLING called the gentleman to order, the Convention says that the people are to be inquiring whether there could be a discussion restricted in an unalienable right to reform, on the point of order before its decision by alter or amend, at any time they think prop- the Chair and an appeal. er, their organic law. My argument is that The PRESIDENT. The Chair has the right to they are the safest depositories of that power. invite the discussions with a view of eliciting I have no disposition to continue it. But I the sense of the Convention before giving his say that, believing that the people can be decision. The gentleman may proceed. more safely trusted than any clique, or party, Mr. CLARKE resumed. The gentleman from or faction, or Legislature whatever-believ- Washington (Mr. Negley) the other day, ing that the people of the State stood by when we had this report under consideration, the Government when these were trying suggested this very difficulty, and stated that to drag it down-I shall vote against the if' we adopted the rule which was offered by amendment on the ground that I can tru.t the gentleman from Allegany (Mr. Hebb) and the people better than I can any man or set which is now incorporated in those rules, the of men. result would be that the Convention would 157be tying its hands, that having put amend- man from Baltimore city (Mr. Kennard.) ments and calling the previous question, the The rule as reported by the committee is just Convention must come to a vote upon the what the gentleman ascribes to the explanapropositionthen before the Convention, which tion of the gentleman from Baltimore city. would cut the Convention off from further The rule of the committee read in this way: power of amendment. That was conceded in " Sec. 2. The previous question shall be in the argument, corresponding with the view I this form:'Shall the previous question be take of it. I do not see how any other con- now put?' It may be called on any aniendstruction can be placed upon a rule so plain ment offered to the report of any committee, and unambiguous. It is as plain as if it were when the same is on its second reading; and printed like A B C before you, and you when demanded by a majority of the memwere called upon to read it. bhers present, it shall, until it is decided, preMr. DANmIE. It seems to me there is no clude all further amendment and debate on difficulty about it. I understand that the the question before the Convention, bhut shall Convention have called the previous question not preclude further amendments while the because they want no further amendments. said( report is on its second reading." Thev want to vote upon the section as it That is the rule which the committee restands. They have voted down the amend- ported and desired adopted, and it carries ments; and now upon the main question any out just what the gentleman desires done member has a right to call for the yeas and but the Convention saw fit to reject it. nays; but it is simrplsy upon the second read- Mr. NEGLEY. I knew that the rule of this inrg, precluding further amendment, and or- Convention carried that out, but I underdering the section to be engrossed for a third stood the chairman of' the committee to sugreading. gest that the amendment of the gentleman Mr. NEGLEY. The very difficulty I sug- from Allegany would substantially attain gested the other day now arises at the very the same object. That was nmy understandfirst article of the bill of rights;- I suggested ing of his explanation, that if we adopted then-but the Chairman of the Committee the amendment of the gentleman from Allerelieved my mind, and I was under the im- gany we still would not tie our hands; or, pression that the difficulty was removed —this in other words, the majority of this Convendifficulty. Suppose we have an article before tion would not do the absurd and foolish us. It is not to be presumed that the com. thing of tying its own hands. mittee upon any subject upon which this Con- Mr. BARRnN inquired whose duty it was to: vention deliberates embodies the entire wis- decide this question of order? dom of the entire body. It is not only pos- The PRESIDENT replied that it was the duty sible but very probable that the report of the of the President; but that he had the right committee as it comes before the Convention to permit this discussion to continue. will be susceptible of emendation. The very Mr. NEGLEY resumed: I am as desirous first article of the report is susceptible of that unnecessary debate shall be cut off as emendation, and as soon as it is read, upon any man can be, and I shall vote to sustain its second reading, a member rises and is anx- the previous question and vote down unneious to offer an amendment representing his cessary amendments as often as gentlemen peculiar views. The article isitsPlfimlyertfect, offer them. But it will not do for the maand the amendmnent of A is imperfect. B jority of this House to tie its own hands. has another peculiar view, and he rises and The direction of its rules must of course be offers an amendment to the amendment; and presumed to k)e in the hands of the majority. here the parliamentary process of emendation Mr. BARRON renewed the question of order. stops. Then we have before us an imperfect The PRESIDENT said: The President has article, an amendment more imperfect, if you the unquestionable right upon points of please, and a still more imperfect amendment order, if he desires it, to hear or to ask the to the amendment. opinion of any oentleman in the Convention. There is a call for the previous question, It is not to be supposed thait the President at and it is sustained What is the operation all times will be prepared to enunciate his of that? You'vote down the imperfect views without hearing the views of other amendment to the amendment. You vote gentlemen in the Convention. He is deIdown the imperfect amendment, and you sirous of hearing the views of gentlemen stop all amendment of' the imperfect article. upon both sides upon this question, reservBut the chairman of the committee suggested ing to himself the right to decide the questhe idea that the rule would not have that tion, the decision being subject to approval operation; that we could vote down the bad or reversal upon appeal. The gentleman amendment to the amendment, and vote from Washington will proceed. down the bad amendment, and then the Mr. NEGLEYr resumed: T was about to say original article not being on its third reading, that I hoped that the majority of this Conit would still be susceptible of amendment. vention would not tie its hands by the force Mr. CLARKE. I think the gentleman mis- of the rules, compelling the Convention to apprehended the explanation of the gentle- adopt matters which their judgment did not 158 approve. By allowing the opportunity of thing, as I told the House then, which was amendment we can control it. We can call tangible, and upon which the President, when the previous question and vote down amend- he brought his mind to act upon the subject, ments. It is not to be presumed that they would be able to decide. That was voted will be offered eternally. The opposition down. The gentleman from Baltimore city will get tired of it; or if they do not, we rose and said that the words " special matcan introduce a rule to limit it in some way. ter " would be definite enough, and could be I am opposed to our tying our own hands. determined; it might be this, or that, or the Air. STOCIBRIDGE. This' whole matter, it other. I then intimated to the House that seems to me, elucidates what took place at they would find by the adoption of this inexthe time of the adoption of this rule. While plicable language, that whenever the point the report of the Committee on Rules was was raised what the main question applied to, under consideration, the gentleman from Al- we would have this same discussion. legany proposed the rule which is now the Now I ask the gentleman to tell me what 54th rule. As originally proposed, it was in is the special matter here. Is it that "all these words: government of right originates from the peo"It shall only be admitted when denmand- pile?" That is a distinct proposition. That ed by a majority of the members present, is a special matter. If I were disposed to go and its effect shall be to put an end to all de- into a discussion of that matter, I might say, bate, and to bring the Convention to a direct as some do, that government is of divine vote upon pending amendments and the sec- origin; that it does not originate from the tion of the Constitution then under consid- people, that if you examine the history of eration." the world, a great many of the present govIt was suggested, precisely as the gentle- ernments will be seen to be founded on force. man from Washington (Mr. Negley) has now We come then to the next clause, " is founded suggested, that that might compel us to act in compact only." Now what does " comupon an imperfect section. To obviate that pact" mean? very: difficulty, that if the previous question Mr. PUGH. If the words " distinct propowas called it would require a vote at once on sition" " were substituted for the words " spethe section, the gentleman from Allegany, cial matter" as the gentleman proposed, after consideration, amended his original would he have more light on the subject? proposition by striking Out the words'"and Mr. CLARKE. Yes, sir; as I have stated, the section of the Constitution then under my view is that the question whether "all consideration," and inserting the words government of right originates from the peo"and the special matter to which they re- ple," is a distinct proposition. late." After full explanation upon all sides, Mr. STOCKBRIDoE. Is that the one to which that amendment was received into the rules, these amendments relate? and is now the 54th rule. I thought it was Mr. CLARKE. No; I was speaking of that understood on all sides that it applied to the p.art of' the section. The amendments would amendments then pending and the special refer to the last part. But my amendment matter before the Convention, whether that was not adopted, and therefore the question was a whole section or part of a section. is what special matter it is to which the Many sections might come before the Con- amendments relate. vention embodying entirely distinct proposi- Mr. CUSHING. The Chair has already detions and different special matters. cided what the special matter is; that itis the Mr. CLARKE. It will be remembered that first atrticle of this Declaration of Rights. when the gentleman from Allegany submitted Mr. CLARKE. That is the very ground I his modification of his orignal proposition, took, and I called the yeas and nays upon it; inserting " special matter" instead of " sec- and when I called the yeas and nays upon it tion," the question was put to him what he the gentleman from Baltimore city expressly meant by special matter. An explanation said that it did not refer to the section. I was asked and demanded from this side of contend that it is impossible under the rule the House, and he remained quiet and did not we have adopted to determine what it does open his lips. He could not give an expla- apply to. Government " is founded on come nation. pact onl.'" Is that a special matter? It is Mr. HEBB. I stated that it was for the adistinctproposition. " And instituted solely President to decide when the question arose. for the good of the whole." A great many I did not remain silent. governments are instituted which are not for Mr. CLARKE. That agrees exactly with the good of the whole; and if the Convention what I was saying. He said it would be for carries out some of the dogmas which it is exthe President to decide, and failed to give us pected will be advocated here, I would like to any explanation. Then as a direct explana- take issue upon the question whether the tion and definition of the rule offered by the government we should forin would be for the gentleman, I offered the amendment to strike good of the whole. Then comies the right of out the words "special matter" and insert revolution. That is another proposition. I "distinct proposition." That was some- am only showing, and I think gentlemen see 159 the drift of my remarks, that we have got the gentleman from Prince George's (Mr. ourselves into the very difficulty I predicted Clarke) to be correct. that the question imust we would be in whenever that rule came up. now be taken upon the section, upon which My construction of the rule is that it applies he has called the yeas and nays. to the article, and upon that I called for the The yeas and nays were ordered. yeas and nays. Mr. MILLER demanded a division of the Mr. THOMAS. Before the question is de- question. cided, I wish to refer the Chair to page 83 of The question was stated upon the first the Journal, (May 20th,') where AIr Briscoe branch of the section, as follows: submitted the following amendment to Rule " That ll government of right originates 54, to add the words: from the people, is founded in compact only, -- but the application ofthis rule shall not and instituted solely for the good of the apply to reports or articles under considera- whole." tion upon the second reading." Mr. STOCIKBRIDGE. IS the question now beThat was decided in the negative, indicat- fore the Convention: Shall this article be ing, as I understand it, that the previous adopted? or. shall this be considered the secquestion may be called upon tne second ond reading of this article? reading. The PRESIDENT. It is only upon the second The PRESIDENT. The Chair has no diffi- reading. It then passes over to a third readculty with regard to this question. The rule ing, when it will be perfectly competent for is very clear and very explicit. The Conven- the Convention to reject the whole. tion has determined to reverse the well known The question being taken the result wasparliamentary rule relating to the previous yeas 83; nays O —as follows: question Under parliamentary law the pre- Yeas-Messrs. Goldshorough, President; vious question is not known upon the second Abbott, Annan, Audoun, Baker, Barron, reading of a bill, because it is read by section, Belt, Berry of Prince George's, Billingsley, and subject to amendment without any lim- Blackiston, Bond, Briscoe, Brown, Carter, itation or restriction. This Convention, how- Chambers, Clarke, Crawford, Cunningham, evel, has determined to reverse that rule and Cushing, Dail, Daniel, Davis of Charles, Daadopt the standing rule that the previous vis of Washington, Dellinger, Dennis, Earle, question shall be applicable to the second Ecker, Edelin, Galloway, Greene, Harwood, reading. I see but one costrnuction tbat can -lTatch, Hebb, Henkle, Hodson, Hoffman, be')laced upon this 54th Rule. After the Hollyday, Hopkins, Hopper, Horsey, Johnprevious question has been called and sus- son, Jones of Cecil, Jones of Somerset, tained, tile vote must be taken upon the sec- Keefer, Kennard, King, Larsh, Lee, Mace, ond amendment, tlien upon the first amend- IMarbury, Markey, McComas, Mitchell, Miller, meat, arld then it brings us to a direct vote Morgan, Mullikin, Murray, Necley, Nyman, upon the section, which precludes all amend- Parker, Parran, Peter, Pugh, Purnell, Robment. After the vote has been taken upon inette, Russell, Sands, Schlley, Scott, Smith the section, there is no way to reach that of Dorchester, Smith of Worcester, Sneasection except' by teconsideration; and the ry, Stirling, Stockbridge, Swope, Sykes, reconsideration would place tile matter ex- Thomas, Thruston, Todd, Valliant, Wickard, actly in the position where it originates. Wilmer, Wooden-83. The Convention has also reserved to itself the Nadys-None. privilege of amending the bill upon its third So thefirst clause was unanimously adopted. readinng. Here also the standing rule heas re- The question being then taken upon the secversed the usual parliamentary rules. It was ond branch of the article, the result wasthe desire of the Convention to make the pre- yeas 72: nays 11-as follows: vious question applicable to the second read- Yeas —Messrs. Goldshorough, President; ing, and for that reason the committee Abbott, Annan, Audoun, Baker, Barron, attempted to distinguish between the main Belt, Blackiston, Bond, Brown, Carter, Chamquestion and the previous question. There bers, Clarke, Crawford, Cunningham, Cushis no such distinction known in parliament- ing. Dail, Daniel, Davis of Charles Davis of ary law. The previous question is the main Washington, Dellinger, Earle, Ecker, Edelen, question; it includes the main question and i Galloway, Greene, Haltwood, Hatbch, Hebb, the pending amendments. Under the 54th -lenkle, Hodson, Hoffman, Hollyday, HopRule it is applicable not only to the amend- kins, Hopper, Horsey, Johnson, Jones of Cecil, aments but brings the House to a direct vote Keefer, Kennard, King, Larsh, Mace, Marbuupon the section, the special matter to which ry, NIarkey, McComas, Mitchell, Morgan, Multhe amendments relate. If that had not been likin, IMsurray, Negley, Nyman, Parker, Peinserted, it would have been competent for ter, Pugh, Purnell, Robinette, Russell, Sands, the Convention to takle the vote upon the Schley, Smith of Worcester, Snearv, Stiramentldments, and after the vote upon the ling, Stockbridge, Swope, Sykes, Thomas, amendments the section would have been Thrusfon, Todd, Valliant, Wickard, Woodstill open to amenudment. But as the rule en —72. stands, the President rules the point taken by Nays —Messrs. Berry of Prince George's 160 Billingsley, Briscoe, Dennis, Jones of Somer- ter two or three days, it may very well hapset, Lee, Miller, Parran, Scott, Smith of pen that then two or three more will want Dorchester, Wilmer —11. to be absent. Besides, Friday is the day beSo the remainder of the first article was fore Saturday, and we do not always have a adopted. quorum on Saturday; so that this motion Mr. CHAMBERS, when his name was called, may involvea loss of three days. If there are said: I consider this a declaration of the many gentlemen going, and if there is any right to reform the Constitution in such man- other business to transact, I should not object; ner as they may deem expedient, to refer to a but if it means that we are to stay here and do mode prescribed by the people, as meaning a nothing for two days, I shall feel compelled previous direction; and I vote-aye. to vote against the motion. Mr. MILLER, when his name was called, Mr. DANIEL. A committee of which I am said: I shall vote against this latter clause, a member, and the gentleman from Prince because I wish to vote for the 44th section of George's (Mlr. Clarke) is chairman, will be this article, and I thiuk the two are utterly ready to report to-morrow. inconsistent. Not denying the rightof the Mr. CLARKE. It is in the hands of the clerk people to revolutionize and frame their gov- to draw up the report. ernment diferently from what it is, to alter, Mr. BERRY, of' Prince George's. In reply reform or abolish their form of government to the question asked, I will state, I underin such manner as they may deem expedient, stand that there are 14 or 15 members of this I am in favor of the Constitution itself restrict- Convention who desire to attend the Episcoing that right, as it does in the 44th article. I pal Convention to-morrow, and who are delevote-no. gates to that Convention. Mr. PARRAN, when his name was called, Mr. PURNELT. I hope the motion of the said: For the reason assigned by the gentle- gentleman from Kent (Mr. Chambers) will man from Anne Arundel, (Mr. Miller) being prevail. I should be unwilling to make the in favor of the 44th article, I vote-no. Declaration of Rights the order of the day Mr. ScoTT, when his name was called, for a future day if there were no other busisaid: I desire to be excused from voting upon ness to occupy the attention of the Conventhis, because it contains two distinct proposi- tion in the interim. But I am aware of the tions, one of which is undoubtedly true, but fact, as stated by the chairman of a committhe other is very doubtful. tee of which I am a member, that there will The Convention refused to grant the excuse. be a report before the Convention to-morrow The result of the vote having been an- which will perhaps occupy the attention of nounced, the Convention for the two days gentlemen Mr. THoMAS moved to adjourn, but with- desire to be absent at the Episcopal Convendrew the motion at the request of tion. I think, therefore, that no injury will Mr. CHAsnBERS, who said: A number of result from granting the request implied in gentlemen belonging to this Convention will the motion of the gentleman from. Kent. Albe absent at a Convention, not political, which though not a member of thatConvention, I holds its session to-morrow, and may be oc- know there are gentlemen present who are cupied a part of the second day; and some members of that. Convention, and who deof them, like myself, are exceedingly anxious sire to be present with us during the discusto be preseut at the discussion of' two of these sion upon the Declaration of Rights; and I articles of the Declaration of Rights, the 4th am very much inclined to give them the opand the 23d. I care very little about the portunity. rest myself. I therefore move that the order Mr. PUGH. I am in favor of the postponeof the day be postponed until Frida.y at 12 ment for the reason that I do not wish to see o'clock< I ask it as a matter of favor to those this bill of rights adopted by the ConvenW.Jo mus, be absent. tion without giving all the gentlemen who Mr. DANIEL. I will sustain that motion, be- have been elected from any part of the State cause other committees are ready to report- an opportunity to say all they can say uplon I know one committee is ready to report; it. I should be very sorry, indeed, to give and we can go right on and lose no time. them the opportunity to go home and say Mr. STIRLING. I do not wish to interpose that we had adopted the Declaration of an objection; but I should like to know how Rights without giving them the right io be many members are going up to this Conven- heard in reference to whatever they may have tion. We adjourned over last week, and the against it. discussion of this question was postponed two Mr. HEBB. I would suggest that inasmuch days for gentlemen to go home for the Whit- as there are a considerable numiber of artisuntide holidays, to attend to their farms and cles in the bill of rights upon which these the special relations those holidays bore to gentlemen will not desire to be heard, we their farms. We came back and the report agree to pass over the articles upon which was not discussed until the day after that set they desire to speak, reserving those two artidown. If now, because two or three gentlemen cles until they return, with the understandare to be absent, we are to postpone the mat- ing that the vote shall be taken on StturdLty 161 or Monday next. If any committee should which I find in this report. I hope that the report to-morrow, its report would have to motion, as originally proposed, will be lie over until the next day. It can only be adopted, and that the whole question will lie read on the first day; and then we should over. have nothing in the world to do. Mir. HEIBB stated his motion in this form: Mr. STIRLING. I rose to suggest precisely that the debate on the Declaration of Rights what the gentlerman has suggested. I willi be postponed until Friday next, at 1 o'clock, move to amend the motion of the gentleman as to articles 4th, 23d and 36th of the report from Kent, so as to postpone so much of of the committee. the bill of rights as is contained in the 4th i r. MILLER asked that article 22 be inand 23d sections until Friday. next at 12 i eluded. O'clock. Mr. MIARBURY. I wish the 39th article Mr. CiAMBERIS accepted the amendment. also to be included. I Wish to move the Mr. MILLER desired the 22d section to be amendment, to add "as well in time of war also postponed. j as in time of peace," to the provision that Mr. STIRLING. Certainly. the liberty of the press shall be inviolably Mr. JONES, of Somerset. I should greatly preserved. prefer that the whole of these subjects should Mr. BIELT. There are several minor alterbe postponed. I understood the gentleman ations made by the committee in their report, fiom Prince George's to say that some fifteen rendered necessary by the great change emmembers of this Convention must necessarily i bodied in the 23d section. A great many be absent in attendance upon the Episcopal seetions in the old bill of rights expressly Convention in Baltimore. We have the as- refer to a state of domestic slavery'ttlen exsurance of the gentleman from Baltimore isting among us. The 23d section of the city (Mr. Daniel) that there are some com- new bill of rights proposes to abolish that mittees ready to report, and that there will system, and renders it necessary to change be no doubt of our being fully occupied the these expressions in a great many instances. two days that intervene. It is of very great 1 We cannot therefore locically and properly importance that we should all be here on the act upon these sections of the bill of rights consideration of the 4th and 23d articles, but until we shall have voted upon article 23d. tlhere are some other articles I should be un- I suiggest this as another difficulty. willing to decide upon in the absence of so Mr. ABBOTT. I hope the Conventi'>n will many members. vote down this postponement. 1 consider Mr. CHAMBERS. I withdraw my acceptance otur duties here as obligatory upon every of the amendment. member. I feel that I have no higher duty Mr. STIRLING withdrew his amendment. on earth than to be in my seat het e every day Mr. HEBB. I will renew it. and attend to the business of' the Ccinvention. Mr JONES, of Somerset. I will state my But members have been going here and there, objection, that there are other questions here and the Convention has done nothing. I upon which there will be debate, and upon think it is time that we should go to work; which votes will be required. I give notice and I rise to give notice that I shall vote that there will be a question upon the 36th against all postponement. section; and the fifteen votes of the gentle- Mr. ScOHr,EY. The requests made here inmen absent at the Convention in Baltimore, dicate the desire upon the part of members when that question is raised, may be very not only to postpone the considerationl of the important. Certainly it is very desirable to two sections objected to by the minority, but have thelm here in the argument and in the by interpolating other sections in this amenlddecision of that question. The 36th section ment, to postpone other portions of the Deis as follows: claration of Rights. I for one, was perfectly Art. 36. That no other test or qualification wil ing to acquiesce in the original proposiought to be required on admission to any tion, to except the articles that would be office of trust or profit, than such oath of mainly contested, out of courtesy to the genoffice as may be prescribed by this Constitu- tlemen who desire to attend lhe Episcopal tion, or by the lavs of the State, and a de- Convention at Baltimore. It was only as a claration in the belief of the christian re- courtesy. I think it a bad precedent even to ligion; and if the party shall profess to be a do that for courtesy. and for my own part I Jew, the declaration shall be of his belief in will go no further. I do not suppose that a future state of rewards and punishments. any gentleman here desires to consume or If no other member makes the motion, I waste the tirme of the Convention, by proshall move to strike out all that relates to the posing sundry articles to be voted upon or professing to be a Jew, so as to make it gen- by unnecessary debate, but they will have eral, that it shall be a declaration of belief in that tendency and effect. While therefore I the Christian religion, and in a future state am willing to support the amendment as ofof rewards and punishments. There are other fered by the gentleman from Allegany, I shall articles that will be discussed; and among oppose any further interpolations in it, and others an alteration of the Magna Charta, shall also oppose the original proposition to 162 postpone the whole Declaration of Rights Dellinger, Earle, Ecker, Edelen, Farrow, until Friday. Galloway, Greene. Harwood, Hatch, Hebb, Mr. SANDs. If those asking postponement Henkle, Hodson, Hoffman, Hollyday, tiopwill agree to the exception of these three ar- kins. Hopper, Horsey, Jones, of Cecil, Jones, ticles, 1 will vote for that with great pleasure. of Somerset, Keefer, Kennard, King, Lee, If that is not accepted, I must, under the Marbury, Markey, McComas, Mitchell, IMiller, circumstances, vcte against the postponement. Morgan, Mullikin, Murtay, Negley, Noble, The ameldment was rejected. Nyman, Parker, Parrain, Peter, Pugh, PurThe question then recurred upon the motion snell, Ridgely, Robinette, Russell, S:tnds, to postpone until Friday next at 12 o'clock. Smith of' Worcester, Sneary, Stirling, StockMr1. HElBB dem.nded the yeas and nays, and bridge, Schley, Schlosser, Scott, Smith of they were ordered. Carroll, Smith of Dorchester, Sivope Sykes, The question being taken the result was- Thomas, Thruston, Todd, Valliant, Wickard, yeas 39, nays 42-as follows: W ilner, Wooden-85. Yeas —Messrs. Goldsborough, President; The proceedings of yesterday were read Belt, Berry of Prince George's, Billingsley, and approved. Blackiston, Bond, Briscoe, Brown, Chambers, M1r. ALLIANT submitted the following orClarke, Crawford, Dail, Daniel, Davis of der: Charles, Dennis, Edelen, Harwood, Henkle, Ordered,' That one hundred and thirty Hodson, Hollyday, Horsey, Johnson, Jones of copies of the Rules and Orders for the govSomerset, King, Larsh, Lee, Mace, Marbury, eminent of the Convention be printed in Mitchell, Miller, Morgan, Murray, Parran, pamphlet form for the use of the members. Peter, Purnell, Smith of Dorchester, Smith The consideration of which was postponed of Worcester, Thomas, Wilmer —39. until to-morrow Nays-Messrs. Abbott, Annan, Audoun, Mr. ST1RLING submitted the following orBaker, Carter Cunningham, Davis of Wash- der: ington, Dellinger, Earle, Ecker, Galloway, Ordered, That the Committce on Accounts Greene, Hatch, Hebb, Hoffman, I-Hopkins, be authorized to pay to Mr. Gatrmong, of Hopper, Jones of Cecil, Keefer, Kennard, Washington county, for services rendered M;arkey, MTcComras, Mullikin, Nepyley, Nyman, to the Colmmittee on the Bill of Rights, such Parker, Pugh. Robinette, Russell, Sands, per diem as they may think reasonable. Schley, Scott, Sneary, Stirling, Stockbridge, Mr. STIRLING said: There was an order of' Swope S!kes, Thruston, Todd, Valliant, fered the other day for the appointment of the Wickard, Wooden-42. gentlemnan named in this order, as an, addiSo the motion was rejected. tional clerk, and that order was lost. He had Mr. PUGH, when his name was called, said: already performed some service in that caI would be perfectly willing to have voted in pacity, and I therefore have offered this orfavor of the postponement of the three articles der. referred to, but [ am not willing to vote to Mr. SCOTT. Was the gentleman employed postpone the whole subject, because I think by order of the Convention? We h.ad cornit will nearly amount to' an adjournment of' rmittee clerks appointed to do the work of the the Convention I therefore vote-no. commlittees. Mr. SANDS, when his name was called, said: Mr. STIaPLING. So far from that being the I would gladly have voted to permit those case, at the lime this service was rendered, three articles to.eo over, but as the report of not only were the committee clerks engaged, the committae to be offered to-morrow morn- but my friend, the Reading Clerk, rendered ing will have to lie over and we shall have no considerable assistance. It was a long docuwork to do, I vote-no. ment, and we wished to get it finished that The result of the vote having been an- day. It was an emergency to have it copied nounced, at once, and I found the clerks employed. On motion of Mr. THRUSTON, The order leaves it discretionary with the The Convention adjourned. committee. It is not binding upon them. Mr. BARRON. I hope the committee will NINETEENTH DAY. pay the gentleman it' he rendered any serWEDNESDAY, iMay 25th, 1864. vice to this Convention. I am in favor at all times of paying individuals for their labor. The Convention met at 11 A. M. Mr. KINo. I hlave understood that some of Prayer by the Rev. Mr. Patterson. the commnit!ee clerks were sitting here and Present at the call of the roll, the follow- were never called upon. They were tired of ing members sitting lhere, and wanted the work, at the Messrs. Goldsborongh, President; Abbott, very time that these services are alleged to An'ron, Audonn, Baker, Barron, Belt, Berry have been performed. I do not see any neof Prince George's, Billingsley, Blackiston, cessity for cumbering the committee with it Bond, Briscoe, Brooks, Brown, Carter, Clarke, at all. Crawford, Cunningham, Cush3ing, Dail, Dan- The order was agreed' to-ayes 46; noes iel, Davis of Charles, Davis of Washington, not counted. 163 The PRESIDENT having stated that appli- sions they shall hear and determine such matcation had been made by the Blind Asylum ters as affect the public works of the State, for the use of the hall to hold a concert, and the Legislature may confer upon them Mr. DANIEL submitted the following order: the power to decide; they shall at each reguOrdered, That the use of this Hall be grant- lar session of the Legislature make a report ed to the Blind Asylum of Baltimore on to the General Assembly and recommend such Wednesday evening next, the first of June, legislation as they shall deem nec, ssary and for the purpose of holding a cotlcert. requisite to promote or protect the interests lr. STOcxsRIDGE inquired whether the ap- of the State in the public works, and perplicatiun was from the Managers of the State form such other duties as may be hereafter Institution, or mnerely from blind persons con- prescribed by law; the Governor, Compnected with it. Su(h applications had been troller of the Treas Iry and Treasurer shall made before by blind persons who had no receive no additional salary for the services connection with the Institution. While he rendered as members of the Board of Public should think it propei to grant the use of the Works. HIall to the State Institution, he could not Sec. 2. There shall be a Commissioner of vote to grant it to unknown persons outside, the Land Office, elected by the qualified vot rs however unfortunate. of the State, on the - day of The PRESIDENT stated that the application in the year -, who shall hold his office was made by MIr. Stewart. for the term of six years from the fir: t day of Mr. DANIEL. I think Mr. Stewart's name Januart next after his election. The returns is sufficient. of said election shall be made to the GovThe order was adopted. ernor, and in the event of a tie between any REPORT ON CIVIL OFFICES. two or more candidates the Governor shall Mr. CLARKE, fiom the Committee to ton- direct a new election to be held by writs to sider and report respecting the Appointment, the Sheriffs of the several counties, who shall Tenure of Office, Duties and Compensation of hold said election after at least twenty days' all Civil Offices not embraced in theduties of notice, exclusive of the day of election. He other Standing Conimittees, submitted the shall perform such duties as are now required following report, which was read the first of the Commissioner of the Land Office, and time: shall be k-eper of the Chancery Records. He The Committee to consider and report re- shall receive a salary of' eighteen hundred specting the Appointment, Tenure of Office, dollars per annum, to be paid out of the Duties and Compensation of all Civil Offices Treasury, and shall charge such fees as are not embraced in the duties of other Standing now or may be hereafter fixed by law. The Committees, respectfully submit the following said Commissioner of the Land Office shall article and sections to be embodied in the make a semi-tannual report of all the fees of Constitution: his office to the Colptroller of the Treasury, Section 1. The Governor, the Comptroller and shall pay the same semi-annually into of the Treasury and the Treasurer, shall con- the Treasury. stitute the Board of Public Works, who shall Sec. 3. The State Librarian shall be elected exercise a diligent and faithful supervision by joint vote of the two branches of the Legof all public works in which the State may islature for four years, and until his successor be interested as stockholder or creditor, and shall be elected and qualified His salary shall appoint the directors in every rail- shall be fifteen hundred dollars per annum. road or canal company in which the State He shall perform such duties as are now or has the legal power to appoint directors, may hereafter be prescribed by law. which said directors shall represent the State Sec. 4. The cou nty au thorities, now known in all meetings of' the stockholders of every as County Commissioners, shall be styled, railroad or canal company in which the "County Commissicners," and shall be State is a stockholder; it shall be the duty elected by general ticket, and not by disof the said Board of Public Works to receive tricts, by the voters of the several counties, from time to time, the rate of tolls adopted on the - day of -- in the yearby any company, use all legal powers which and on the same day in every second year they may possess to obtain the establishment thereafter; said Commissioners slhall exercise of rates of tolls, which may prevent an inju- such powers and performi such duties only as rious competition with each other, to the det- the Legislature may from time to tione preriment of the interests ot the State, and so to scribe; but such powers and duties sha1ll be adjust them as to promote the agiliculture of similar, and the tenure of office untiform the State; the said Board of Public Works throughout the State, and the Legislature shall keep a journal of their proceedings, they shall have power to pass suc:h laws as as ay shall hold regular sessions in the city of An- be necessary for determining the number for napolis, on the first Nlonday in January, the each county, fixing the salary, and ascerfirst Monday in April, the first Monday in taining and defining the powers, duties and July and the first Monday in October, in each tenure of office of said Commissioners; aind year, and oftener if necessary, at which ses- the Commissioners el-cted under this Consti 164 tution shall have and exercise all the powers AMENDMENT OF THE RULES. and duties in their respective counties, now Agreeably to notice given yesterday, exercised by the County Commissioners under Mr. CUSHING moved to amend Rule 43, by the laws of the State,' and they shall receive striking out the words " whole number of the same salary, and their present number in members elected to the Convention, and inthe several. counties shall remain the same serting'' members present." until chanpged by law. Mr. CUSHING said: Upon referring to the Sec. 5. The General Assembly shall pro- rules, I find that if my motion prevails, it vide by lav for the appointment of Road Su- will be necessary also to amend the 42d Rule, pervisors and Constables in the several coun- by striking out the words''except on the ties by the County Commissioners, and the final passage of a report " so that I give nonumber of said Supervisors and Constables tice that I will move to-morrow so to amend in the several election districts in the several the 42d Rule, and if general consent be given, counties shall be determined by the said I will modify my amendment to the 43d Rule County Commissioners, but the tenure of by striking out all after the word "Journal," office shall be uniform, and their powers and and strike out these words in the 42d Rule; duties shall be similar throughout the State. and that will leave the wording of the rules Sec. 6. The qualified voters of each county in a better form. If consent is not given, I and the city of' Baltimore shall, on the - will have the question taken now on the day of in the year a-, and every two amendment of which I gave notice yesterday. years thereafter, elect a Surveyor for the The PRESIDENT. If there be no objection counties and the city of Baltimore respect- the gentleman can amend his own proposition. ively, whose duties and compensation shall There was no objection. be the same as are now prescribed by law for Mr. CUSMING. Then I asle to substitute this the County and City Surveyors respectively, amendment for the one I offered yesterday, to or as may hereafter be prescribed by law. be voted on now, under the notice I gave The term of office of said County and City yesterday. Surveyors respectively, shall commence on The PRaS:DENT. The gentleman offers a the first Monday of January next succeeding new proposition, and it must lie over under their election. And vacancies in said office the rule requiring a da.y's notice. of' Surveyors, by death, resignation or re- Mr. CUSHING. I understood that I gave a moval from their respective counties or city, sufficient notice yesterday under the rules; shall be filled by the Commissioners of the and if this lies over that will be two day's counties, or the Mayor and City Council of notice, and action upon the third day. Baltimore respectively. The PRESIDENT. The gentleman overlooks Sec. 7. The qualified voters of Worcester the important fact that he has asked to change county shall, on the - day of - in the proposition. the year -, and every two years there- Mr. CUSHING. I asked unanimous consent after, elect a Wreckmaster for said county, to substitute the amendment now offered, for whose duties and compensation shall be the that of which I gave notice, and I understood same as are now prescribed or may be here- that consent to be given, or I should not after piescribed by law; the term of office of have moved the substitute. It certainly was said Wreckrmaster shall commence on the first not necessary for me to ask unanimous conMonday in January next succee.ding his elec- sent to amend my own proposition. tion, and a vacancy in said office by death, The PRESIDENT. It is a new proposition, resignation or removal fitom the county, shall and under the rule must lie over one day. be filled by the County Commissioners of said Mr. DANIEL. I move to suspend the rule. county for the residue of the term thus made The PRESIDENT. The rule cannot be susvacant. pended. Sec. 8. The General Assembly may pro- Mr. HEBB. Is it necessary under the 55th vide by latw for the election or appointment Rule, if it is desired to change the phraseoloof such other officers as may be required and:gy of the amendment, to give notice of that are not herein provided for, and prescribe change? The gentleman yesterday gave notheir powers and duties, but the tenure of' tice that he should move to amend this rule. office and mode of appointament of all county The PRESIDENT. The interpretation of the officers shall be uniform, and their powers and President is that any change whatever of the duties shall be similar throughout the State. phraseology, or any thing that will bear a Sec. 9. All persons holding any office un- different interpretation, makes it a distinct der article seven of the present Constitution, proposition which requires one day's notice. whether by appointment or election, and The mere acceptance by the general consent whose offices are not abolished by this Con- of the body does not change the operation of stitution, shall continue to hold their re- the rule. The gentleman asks unanimous spective offices for the periods for which they consent to change his amendment, and the have been elected or appointed, and until Convention assents to that; but it becomes their successors shall be duly elected or ap- a new proposition and dispenses with the old pointed, and shall qualify according to law. proposition entirely. 165 Mr. CUSHING. I could have moved to ought to have the sole and exclusive right of amend my own proposition without unani- regulating the internal government and police mous consent. I should not have asked unan- thereof." imous consent for what I could do, whether Mr. PETER moved to amend by adding the consent was given or not. following: The P~RESIDENT. The gentleman could " Provided, however, that in times of civil amend his own proposition, but that does not war the internal government and police of obviate the necessity of its lying over. this State shall be exclusively regulated by Mr. CUSsING. I give notice to-day that I military commanders and Provost Marshals shall move these amendments to-morrow. appointed by the President of the United Mr. MIILEaR. If it lies over a whole day, States, and such orders as the President of the it cannot be changed to morrow, but must United States may deem iight and proper.' lie over until day after to-morrow. Mr. HEBB demanded the previous question, The PRESIDENT. It lies over until to mor- which being seconded the main question was row. There are no fractions of a day known ordered. to the rule. Mr. PETIRa demanded the yeas and nays on Mr. HEBB. The 55th Rule is this: the amendment, which were ordered. "Rule 55-No standing rule or order shall The question was taken and the result was be rescinded or changed without one day's yeas 0, nays 84-as follows: notice being given of the motion therefor.'' YTeas-None. Notice having been given yesterday by the N'ays —Messrs. Goldsborough, President; gentleman from Baltimorecity (Mr. Cushing) Abbott, Annan, Audoun, Baker, Barron, I move to amend the 43d Rule by striking out Belt, Berry of Prince George's, Billingsley, the words "whole number of members elect- Blackiston, Bond, Briscoe, Brooks, Brown, ed to the Convention," and inserting the Carter, Clarke, Crawford, Cunningham, words "members present." Cushing, Dail, Daniel, Davis of Charles, The PRESIDENT. The gentleman is not in Davis of Washington, Dellinger, Earle, Ecker, order. That is a distinct proposition. Edelen, Farrow, Galloway, Greene, HarMr. HEBB. This is the very proposition of' wood, Hatch, Hebb, Henkle, Hoffman, Hollywhich notice was given yesterday, under the day, Hopkins, Hopper, Horsey, Johnson, rule. Jones of Cecil, Jones of Somerset, Keefer, MIr.CLARKE. The gentleman fror Baltimore Kennard, King, Lee, Marbury, Markey, Mccity called up the amendment of which he Comas, Mitchell, Miller, Morgan, Mullikin, gave notice yesterday, and'submitted an in- Murray, Negley, Noble, Nyman, Parker, Pardependent proposition by unanimous consent ran, Peter, Pugh, Purnell, Ridgely, Robiof the House to take the place of the one he nette, Russell, Sands, Schley, Schlosser, Scott, submitted yesterday; so that for the first Smith of Carroll, Smith of 0Iorchester, Smith time the House is in possession of the knowl- of Worcester, Sneary, Stirling, Stockbridge, edge of the alteration which he proposes to Swope, Sykes, Thomas, Thurston, Todd, make. I think that the Chair has decided Valliant, Wickard, Wilmer, Wooden-84. correctly that now for the first time is the So the amendment was unanimously reproposition submitted to the Convention. jected. Mr. CusINGa. I did ask unanimous con- The question being then taken upon the secsent that my substitute should take the place tion, it was adopted. of the proposition before the House; and if Mr. BRIscOE. I have an amendment I in-'the proposition before the House was ready tended to offer to this article, but under the for action, and if the House unanimouslyN practice established yesterday of ordering the consented to the substitution, that brought previous question, if it is to be continued, we it, I suppose, before the House. are placed in the position of having the preThe' PRESIDENT. The difficulty the argu- vious question called upon us before we shall ment of the genileman presents, is the question have completed offering our amendments, and of time. The gentleman cannot substitute one then it is impossible to go back and move the time for another.'e cannot substitute t'.-day amendments. I iintended to offer the aniendfor to-morrow. The object of the rule is to give ment I hold in mny hand to this article, but members one day's notice of the intended the House has cut 11e off froim the opportuchange in the rule. The proposition to- nity of doing that, arid I shall be compelled day bein mcdified becomes a new proposition to offer it as a distinct article. I desire to and must lie over under the rule. know whether I shall nlow offer it as article DECLARATION OF RIGHTS. 3d, or, as suggested yesterday, must indepenOn motion of Mr. PuoG, dent aiticles be offered at the conclusion of The Convenrtion proceeded to the considera- the reading? tion of the order of the day, being the second The PRESIDENT. After the reading is comreading of the report of the Committee on the pleted the gentleman can offer any section he Declaration of Rights. chooses. Article 2 was read as follows: Mr. BRISCOE. And have it numbered in its "'Art. 2. That the people of this State place? 166 The PRESIDENT. Tile numbering will be So the amendment was rejected. directed by the President. That is considered The question was stated upon the latter as a clerical matter. No independent section branch of the amendment, being the portion can now be submitted to the Convention. submitted by Mr. Marbury. The third article was read as follows: Mlr. MARBURY demanded the yeas and nays " Art. 3. That the inhabitants of Maary- and they were ordered. land are entitled to the common law of Eng- The question being taken the result wasland, and the trial hy jury according to the yeas 28, nays 57-as fobllows: course of that law, and to the benefit of such Yeas —.Nssrs. Belt, Berry of Prince George's, of the Eng1lish statutes as existed on the fourth Billingsley, Blackiston, Bond, Brown, Briscoe, day of July, seventeen hundred and seventy- Clarke, Crawford, Dail, Davis of Charles, Eds.x, and which, by experience, have been elen, Harwood, Henkle, Hodson, lollyday, found applicable to their local and other cir- Horsey, Johnson, Jones of Somerset, Lee, cumstauces, and have been introduced, used ilarbulry, Mitchell, Miller, Morgan, Parran, and practiced by the courts of' law or equity, Peter, Smith of Dorchester, Wilmer-28. and also of all Acts of Assembly in force on Nays-AMessrs. Goldsborotgh, President; the first day of June, eighteen hundred and Abbott, Annan, Audoun, Baker, Barron, sixty-four, except such as may have since ex- Brooks, Carter, Cunningham, Cushing, Danpired or may be inconsistent with the provi iel, Davis of Washington, Dellinger, Earle, sions of this Constitution, subject. neverthe- Eecker, Farrow, Galloway, Greene, Hatch, less, to the revision of and amendment or re- Hlebb, Hoffinan, Hopkins, Hopper, Jones of peal by the Legislature of this State; and the Cecil, Keefter, Kennard, King, Markey, AMcCoinhabitants of MAlrylaud are ailso entitled to mas, Aullikin, lurray, Negley, Noble, Nyall property derived to them from or under man, Parker, Pugh, Purnell, Ritgely, Robithe chaIter granted by his Majesty, Charles nette, Russell, Salds, Schlley, Schlosser, Scott, the First, to Cecilius Calvert, Baron of Balti- Smith of Carroll, Smith of Worcester, Sneary, more." - Stirling, Stockbridge, Swope, Sykes, Thomas, Mr. 1MfARusRY moved to amend by adding Thruston, Todd, Valliant, Wickard, Wooden the words "as well in times of war as in -57. times of peace." So the amendment was rejected. Mr. JoNEs, of Somerset, moved to amend Mr. CrLAtIKO, when his name was called, the amrnendmrent by inserting before it the said: With the understanding that it is the words, right of the government to take property pro-' And all other property which they have vided it pays I'or it, I vote —aye. acquired and hold under the Constitutiont and Mr. P)aRRAN, w. en his name was called, laws of this State and the Constitution and said: I agree with the gentleman from Prince laws of the United States." George's ( Mlr. Clarke) that in time of war the Mr. MAtnBURY accepted the amendment. government has a right to take private propThequestion was stated upon the first branch erty, making compensation therefor; and I of the amendment, being the portion moved therefore vote —aye. by Mr. Jones. AIr. PETER,. w-hen his name was called, Mr. CLARKE called for the yeas and nays, said: My view of this sutbject is that the govwhich were ordered. eminment through its public officers has the The question being taken the result was- right to tlake land or private property for the yeas 27, nays 57-as follows: general good of the public' but tlbey mustdo Yeas-Alessrs. Belt, Berry of Prince George's, it by just compensation. This I understand Billingsley, Blackiston, Bond, Briscoe, Brown, to be the meaning of our bill of righlts and of Clarke, Crawford, Dail, Davi3 of Charles, Ed- the Constitution of the United States. Acelen, Harwood, Hel.kle, Hollyday, Horsey, cording to this explanation I vote —aye. Johnson, Jones of Somerset, Lee, Marbury, AMr. SCOTT, when his name was called, said: Mitchell, MIiller, lorgan, Parran, Peter, With the understalding that when the govSmith of Dorchester, Wilmer-27. erntent chooses to take property of enemies,.Nays —Messrs. Goldsborough, President; they can do it without pay, I vote-no. Abbott, Annan, Audoun, Baker, Barron, The vote hIving been announced, Brooks, Carter, Cunningham. Cushing, Dan- Mr. BELT moved to amend the section by iel, Davis of Washington, Dellinger, Earle, adding at the close the following: " And that Ecker, Farrow, Galloway, Greene, Hatch, no right of property now lawfully held in Hebb, Hoffman, Hopkins, Hopper, Jones of this State, ought to be destroyed or impaired Cecil, Keefer, Kennard, King, Markey, McCo- without compensation to the owners thereof." mas, A:lullikin, Murray, Negley, Noble, Ny- Alr. SCHIrtY called for the previous question, man, Parker, Pugh, Purnell, Ridgely, Robi- which was ordered. nette, ttussell, Sands, Schley, Schlosser, Mr. BERRY, of Prince George's, demanded Scott, Smith of Carroll, Smith of Worcester, the yeas and nays on the amendment, which Sneary, Stirling, Stockbridge, Swope, Sykes, were ordered. Thomas, Thruston, Todd, Valliant, Wickard, The question being taken the resu'lt wasWooden-57. yeas 27, nays 57-as follows: 167 Yeas —Messrs. Belt, Berry of Prince George's, power and oppression is absurd, slavish and Billingsley, Blackiston, Bond, Briscoe, Brown, destructive ot the good and happiness of Clarke, Crawford, Dail, Davis of Charles, Ed- mankind. elen, Harwood, Benkle, Hodson, Hollyday, Mr. TnHRUSTON called for the previous quesHorsey, Johnson, Jones of Somerset, Marbury, tion. Mitchell, Miller, Morgan, Parran, Peter, Smith Mr. CLARKE. I rise to a question of order, of Dorchester, Wilmer-27. whether upon the reading of a section it is Nays-Messrs. Goldsborough, President; in order to call the previous question prior to Abbott, Annan, Audoun, Baker, Barran, any amendment being submitted. I offered Brooks, Carter, Cunningham, Cushino, Dan- an amendmtent of the rules to provide for just iel, L)avis of Washington, Dellinger, fEarle, this case, that upon thesecond reading the reEcker, Farrow, Galloway, Greene, Hatch port shall be open to amendment. Hebb, Hoffman, Hopkins, Hopper, Jones of The PRESIDENT. The Chair rules that the Cecil, Keefer, Kennard, King, Markey, McCo- point of order taken by the gentleman from mas, Mlullikin, Murray, Negfley, Noble, Ny- Prince George's is correct. The object in man, Parker, Pugh, Purnell, Ridgely, lobi- legislation is to allow amendment on the secnette, Russell, Sands, Schley, Schlosser, Scott, ond reading. Smith of Carroll, Smith of Worcester, Sneiary, Mr. KINGc moved to amend by striking out Stirling, Stockbridge Swope, Sykes, Thomas, the last sentence of the article. Thruston, Todd, Valliant, Wickard, Wooden Mr. STILrUIG. I am sorry my friend has -57. thought proper to offer that amendment, and So the amendment was rejected. I hope it will not be adopted. It is not necesThe question being taken upon article 3d, sary to argue that proposition. I understand it was adopted on its second reading, perfectly well the suggestion in his mind. Article 4th was read as follows: This is a proposition that, like a great many Art. 4. The Constitution of the United States others in this Declaration of Rights, is perand the laws made in pursuance thereof being verted, and they appear, like perversions of the s;lpreme law of the land, every citizen of Scripture, to be damnation to those that perthis State owes paramount allegiance to the vert them. The doctrines our forefatthers esConstitution and government of the United tablished have been attempted to be strained States, and' is not bound by any law or ordi- to certain ends, to which, in my judgment, as nance of this State in contravention or sub- well as in that of the gentleman furom Baltiversion thereof. more county [Mr. King) those doctrines do Mr. BtLLINGSLEY. I was not in the Con- not necessarily tend. I am not disposed to vention at the time the Chairman of the Corn- let any subsequent events draw me away from mittee on the Declaration of Rights presented the sound foundations which the fathers of, this report. I find on my table a minority re- this government established. If other people port, of which Judge Chambers is the chair- have steptaed aside from those principles, and man. HIe is now in attendance upon an ec- gone down under thequicksands that surround clesiastical convention in the city of Balti- them, they may sink. I stand, and hope this more; and I think as an act of courtesy at Convention will stand, upon a rock. This least, this article should be passed over until proposition is one which our feathers estabhis return. I ask it as a matter of courtesy lished this government in order to maintain. on the part of the House. The doctrine that if power is oppressive it Mr. STIRLING. I would suggest that to ought to be resisted, is true. If people resist meet the necessity of the case, it be understood power when it is not oppressive, and make unthat this section be passed over until we get justifiable revolutions, they ought to go down. to the conclusion of the articles. There are The doctrine that it is the right of mankind other sections to be considered which may everywhere to resist, oppression is as true now take up the rest of the day. I propose that as on the day it was first asserted. I hope the this section be Dassed over informally. Converition will not put itself in the condiMr. CLARKE. With the understanding that tion of refusing to recognize what the men it will be open to amendment when taken up. that built up this Republic planted in their By unanimous consent, article 4th was organic law. passed over informally. Mr. KING. I thought upon reading over Article 5th was read as follows: the article, that those words were entirely Art. 5. That all persons invested with the unnecessary, and that it would read better legislative or executive powers of government without them. are the trustees of the public, and as such, ae- The amendment was rejected. countable for their conduct; wherefore, when- Articles 6th to 13th inclusive were read, ever the ends of government are perverted, and no amendments were offered. and public liberty manifestly endangered, and Article 14th was read as follows: all other means of redress are ineffectual, the "Art. 14. That the levying of taxes by the people may and of right ought to reform the poll is grievoas and oppressive, and ought to old or establish a new Government. The be abolished; that paupers ought not to be doctrine of non-resistance against arbitrary assessed for the support of the Government, 168 but every other person in theState, or person with that article or not. Unless these abholding property therein, ought to contribute surdities can be removed, I should be disposed his proportion of public taxes for the support to vote for the motion to strike out. Perhaps of Government, according to his actual wol th this may be remedied by the amendment of in real or personal property; yet fines, duties the gentleman from Cecil, (Mr. Scott.) or taxes may properly and justly be imposed Mr. BARRON. I cannot see how these two or laid on persons or property, with a polit- lines do any harm; and I do not wish to leave ical view, for the good government and benefit it in the power of the Legislature to say of the community." whether a poor man shall vote'in Maryland Mr. DANIEL. I move to strike out this ar- or not. If it stays there it cannot possibly do ticle. I wish to obtain the sense of the Con- any harm. But if you strike out this 14th vention in reference to it. Several persons article from the bill of rights, the next Leghave spoken to me about it. In Delaware, in islature may say that a poor man shall not Pennsylvania, and I believe in a number of vote unless he pays a dollar; and a great the other States, there is a poll tax levied, many men in my district could not pay a which is devoted to the school fund, and dollar to vote. There are but two places on which raises a large amount of money for earth where the rich and poor are on an that purpose. I think we ought not to pro- equality, at the ballot box and at the grave hibit ourselves from making such a tax; and I want that article kept sacred, and I shall I therefore move to strike out that section. not vote to alter it. It may be there is a Mr. SCOTT moved to amend the article by conflict of one portion with the other; very striking out the first two clauses, so that the likely there is. That is not our fault: it is article should read: the fault of the lawyers that got it up. " Art. 14. That every person in the State, Mr. BELT. I am disposed to doubt the apor person holding property therein," &c. plicability of the criticism of the gentleman Mr. DANIEL. I will accept that. It is just from Baltimore city (Mr. Stockbridge) upon what I was about to offer. the language of this section. The form of The PRtESIDENT stated that it wasa different words'" ought to be abolished," runs all proposition and could not be accepted. through the bill of rights, and I think that M ir. DANIEL withdrew his motion to strike very expression is used more than once, and out. with no more reason in other cases than in The question was stated upon the amend- this. The true construction of the words, I ment offered by Mr. Scott. think, is to consider them only equivalent to Mr. STOCKBRIDGE. It must be obvious to the words " is and remains abolished." It every gentleman that that article needs some has all the advantages which antiquity lends modification. It involves two or three con- to those old forms of expression which have tradictions or absurdities on its face. Unless come down to us from the Magna Charta. it be designed to enunciate a general rule ap- I do not think the gentleman is any more plicable throughout the world as well as Ma- felicitous in his criticism of the latter portion ryland, the first section is simply an absurdity. of the section. If the gentleman's constr'uc" The levying of taxes by the pall is grievous tion is correct, that portion of the section is and oppressive, and ought to be abolished." in direct conflict with the first clause of it. We cannot abolish a thing that does not ex- The eminent men from whom these words ist. Taxes by the poll do not exist, and have originate, and under whose supervision this not existed in Maryland time out of' mind. Constitution was passed, could surely never What propriety then is there in inserting that have considered this proposition so ill as to a thing ought to be abolished that has no ex- have suffered so manifest a contradiction in istence? the terms of the section to remain. I may be The next clause is, " that paupers ought wrong in the construction I put upon it, to be not to be assessed for the support of the Gov- sure; but I think the true construction is ernment." What harm is there in assessing this:'Yet fines, duties or taxes may prop.them? They cannot pay it and never will. erly and justly be imposed or laid on persons It is simply an absurdity putting it on the or property respectively," that is, the duties books, but it does no harm. and the fines on persons, and the taxes on Then when we come to the last clause we property. Unless that is the meaning it is come to what appears to contradict the first: surely in conflict with the clause forbidding " Yet fines, duties or taxes may properly and the levying of taxes by the poll. Inserting justly be imposed or laid on persons or prop- the word "respectively" may help to make erty, with a political view, for the goofd gov- the meaning clear. I am, as a general thing, erminent and benefit of the community." If opposed to changing even the form of words laid on persons and not on property, it is a in this ancient charter of our State, unless poll tax. If we leave this article as it stands, there is a great necessity for it. But I think the first clause forbids the levying of a poll there are some reasons, based on facts which tax, while the last clause authorizes it, and it have already occurred in Maryland, in conwill be a doubtful question whether levying a nection with others which may ensue, which poll tax is unconstitutional and in conflict may render the levying of a poll tax highly 169 advisable in the future. I shall therefore vote them from the exercise of the power, but a for the amendment, leaving the question of recommendation to the Legislature for the levying a poll tax within the competency of time to come. the Legislature, not being abolished by the Mr. STIRLING. My objection, so far as I Constitution, nor; by the Constitution made have any, to this article, which is the same as obligatory upon the Legislature. that in the bill of rights in the Constitution Mr. BmISCOE. When this article was under of 1776, is that I find that, without intendconsideration by the last Constitutional Con- ing it, there is a slight alteration in it as it vention, having been reported by the Corn- stands. and I shall, at the proper time, move mittee on the Bill of Rights, of which, 1 be- to amend it so as to place it exactly where it lieve, Chief Justice Dorsey was chairman, it stood in the bill of rights of 1776. In that was reported in this form, omitting the words bill of rights the words "persons and pro"That the levying of taxes by the poll is perty' in the eighth line are not contained. grievous and oppressive and ought to be It reads: " Yet fines, duties or taxes may abolished " It came before the Convention properly and justly be imposed or laid with a as a substantial article, commencing: political view," &c., without using the words " Article 14. Paupers ought not to be as-' persons or property," which I do not think sessed for the support of the Government," &c add anything to the clearness of the article,. An amendment was offered to that article and render it liable to some confusion. by Mr. Kilgour, in these words: " That the But I wish merely to say that I am opposed levying taxes by the poll is grievous and op- to striking out this article. I cannot agree pressive and ought to be abolished." with my friend from Calvert (Mr. Briscoe) as "Mr. Dorsey stated that this subject had to the effect of it. It certainly does prevent been before the committee. There was a the levying of a poll tax, because it decides question under consideration on the subject of that it is oppressive and ought to be abolished, raising a capitation tax, or poll tax, for the pur- As the gentleman from Prince George's (Mr. pose of education. The committee had thought Belt) very clearly indicated, the expression it best to strike it out and leave it to the Leg- " ought to be abolished " amounts to a proislature to act." [Debates, p. 187.] bibition. The bill of rights is as much a Therefore, in the opinion of the Committee, part of the Constitution as any other part, and in the general acceptation of the force and if it states that such a thing ought to be and construction of this article as it now abolished, for the Legislature afterwards to stands, it was not considered by the Conven- establish that thing is to violate the Constitution at that time, except as laJying down an tion. abstract proposition as a guide for legislation, I think nly friend from Baltimore (Mr.' that the practice and policy of imposing n Stockbridge) is mistaken in his interpretation poll tax was impolitic and unwise as a general of the article, as is manifest friom the debate in rule; and I think it will be perfectly compe- the last Convention. The committee reported tent for the Legislature hereafter to adopt any the article leaving out those words in the first taxes they see fit, under the subsequent clause clause altogether, and Mr. Kilgour moved to of the Declaration of Rights as it now stands. insert those words as an amendment. Judge Judge Dorsey proceeds: Dorsey explained that the subject had been " It was for the Convention to decide this before the committee, but thatt they had. question. There was a great deal of' contra- thought it best to strike them out, so as to dictory opinion on the subject among the leave the Legislature free to act. But the people. Many persons who subsisted on their Convention agreed with Mr. Kilgour, that the labor were willing to be taxed for this object, Legislature ought not to be left to act, and while others were not. If the tax was laid they adopted the amendment, showing that under constitutional provision it must rematin they thought the committee were wrong in If the Legislature imposed the tax and it leaving the subject open to Legislative action. proved unacceptable to the people it could be Judge, Dorsey argues against putting it in, repealed." upon that very ground, and he voted against It is clearly indicated by Judge Dorsey and Mr. Kilgour's motion to put it in, upon the the men who incorporatdd this article as it is yeas and nays. now recommended to this Convention, and in I have not given this subject any very great the identical words of our present Constitu- consideration. I was induced, so far as I was tion, that it was competent for the Legisla- concerned, to leave this proposition in the ture to impose that tax notwithstanding the bill of rights, because it was one of those adoption of the article in the bill of rights propositi,:ns established by the Convention as it now stands. Therefore, I think that the which framed the foundation of the governamendment indicated by my friend from ment of this State, and I thought the men Prince George's (Mr. Belt) and the criticism who put it in that first Constitution were a so far as the word " abolished'" is concerned, pretty sensible set of men and understood are irrelevant in this case; as it only lays what they were about, pretty well. I was down an abstract proposition to direct the disposed not to depart from their principles Legislature in time to come, not prohibiting unless we had new light or experience to guide 12 170 us. Whatever their own experience had es- a day for their services, who own no propertablished I think is worth about as much as ty liable to taxation; when, in addition to the opinions of any similar body of nien at the present burdens of taxation, the probathis day. So far as my own judgment goes, bility is, that a general school system will be I think it is a true proposition, that levying established, thus increasing our taxes, I want taxes by the head, upon each individual, to leave it to the Legislature to tax those without reference to property, upon men per young men if they think necessary and propse, is oppressive, unjust. unreasonable, desti-'er to do so. tute of principle. I certainly should be op- Mr. DANIEL. I move the following as a posed in any bill of rights to any poll tax substitute for the amendment of the gentlewhatever. I do not think the Legislature n an from Cecil iMr. Scott); strike out the ought to have the right to impose a poll tax. 14th article, and insert: If the Legislature chooses for politicil reasons " That every person in this State, or perto impose a fine upon a man, if taxes are iun- son holding property therein, ought to conposed not for the purpose of raising revenue, tribute his proportion of public taxes for the but distributed per capita to further political support of Government, according to his actpurposes, or with a political view, then it does uat worth in real or personal property; and not come within the provision of the last that fines, duties or taxes nmay properly and clause of the article. Nor does this article justly be imposed or laid on persons or propaffect the question of the right of suffrage, or erty for the good government and benefit of the means of contributing to the support of the community." public schools. I see no reason why there It will be seen that my amendment is in should be a poll tax for either of these pur- substance the same as the amendment of the poses. On what principle can you levy a gentleman from Cecil. I leave out the word poll tax for the support of public schools? If' other" in the third line of the article; suba man nas property and. no children, you can stitute the word''that" for' yet" in the tax him for the support of schools on the sev nth line, and leave out the words " with ground that it is his duty as a citizen to con- a political view " in the eighth line. tribute for that property for the general good I disagree entirely with my colleague from of the community. And if a man has no Baltimore city, (Mir. Stirling) and cannot see property and has children, he may be called the force of his argument in relation to the upon to make provision for their education, injustice of such a tax as here indicated. As and may be liatble to taxation for the support I have already stilted, we have the examples of the public schools on the ground that he of several other States, who have doubtless receives a benefit from them. But if a man as well considered this question as we are eahas ni property and no children. I do not p;tble of doing now; and yet, they have know upon what principle of law you can thought it wise and beneficial to enact such a require him to pay just as much school tax as tax, appropriating its proceeds especially to anybody else, or that he shall pay a dollar, if school purposes. And I have yet to find the those who have property pay o,n their prop- first man from those States who does not erty and one doll;r besides. I see no princi- think it a wise and proper mode of taxation. ple upon which you can levy a tax upon those It raises a large revenue, does it easily, and I who own no property; if they are paupers, think in a proper way. And as myv friend they cannot be taxed, or if they are felons, from Cecil (Mr. Scott) suggests, I cannot see they cannot be taxed. This is the class in the the justice of subjecting a rman who has earned community who render to the community for enough to get him a little house to live in, their support, their bodies and their blood. and who has earned some other little proper-'They are the people who rest at the bottom ty, merely and hardly enough to subsist his of society, and support the fundamental family upon, to.this heavy pressure of taxagroundwork of society. They are a class of tion to the extent of, it may be, every cent of people who ought not to be taxed, unless they property he is worth, and yet permitting a acquire property. I believe the propositionr man in government employ, or a man receivcontained in this article, not only can do no ing a salary as clerk, of $1,500 or $2,000, harm, but asserts a principle which is just and yet, to not pay one cent of the taxation apd true; and I do hope it will not be strick- of the State, because he does not own real or en out. personal property. Mr. SCOTT. The object of my amendment Mr. BARRON. I will ask the gentleman one was, kot to enact a poll-tax by this Conven- question. Does he not think that by imnpostion, but to leave it within the power and at ing a poll tax one-fifth of the citizens of Balthe discretion of the Legislature to impose timore would be disfranchised? such atax if they think proper. At this time, Mr. DANIEL. Not at all; I do not propose when e,very interest of the State is burdened that this tax shall be made a condition precewith taxation, particularly the agricultural dent to the right to vote, as rny friendseems interests; and when there are thousands of to think must be the alternative. I do not young men in the counties and in the city of propose to prescribe any particular condition,Baltimore who receive from three to five dollars to this tax; I leave that to the Legislature. 171 But I s.y that it is eminently wise and proper, luxury but of use and comfort is correspondand you cannot otherwise assess every man ingly high, and the consumer has to pay the alike under the laws accordinrg to his real tax;although he may not directly pay it, bemeans,toadopt somesystem ofthiskind. And cause he does not own any property to be I think that if there is a tax that men will not taxed, yet indirectly he does pay it. I think complain of, it is a tax to be appropriated to the right to vote should be above all pecuniary the purposes of public school education. We price, and I am satisfied tht to-day one-third have found in our experience in the city of at least of the people in my own city, indeBaltimore, that taxes levied for that purpose pendently of any political complexion, abhor are more cheerfully paid, and appropriations the very idea of being taxed by tile poll, and made for school purposes more cheerfully I cannot be induced to vote for any amendcomplied with, than any other taxes and ap- ment that proposes to strike out the clause propriations made in the city. If you levy prohibiting such a tax. I shall adhere to the upon a man a tax of one dollar for the year, article as it now stands, so far as it relates.to it bears upon him very lightly. And there the levying of taxes by the poll, and shall are a great many men who have children to vote accordingly. be educated, who have no taxable property, Mr. MILLER. Two of the gentlemen from who, I think, would take it as a privilege to Baltimore city (Messrs. Barron and Kennard) pay a dollar a year for the purpose of' educat- who have recently spoken upon this subject ing those children; they would pay it most seem to labor under a great misapprehension cheerfully, as they are not called upon to pay in regard to the effect of leaving to the Legany other tax. islature the right to levy a poll tax. They Now as we are about, 1 hope, to adopt some seerm to suppose that in some way or other provision in this Constitution by which we that will affect the right to vote. Now, if shall follow the example of other States, and they will but turn back to tile 6th article of adopt a systemn of public schools to be uniform the Declaration of Rights which we have just throughout the State, whereby the children of passed upon, they will find that we there dethe poor as well as those of the rich may be clare that "every fiee wLite male citizen, educated, I think it is right and proper for us having the qualifications prescribed by the to confer upon future Legislatures the power Conlstitution, ought to have tile right of sufto adopt all proper means of raising revenue frage." Now, unless we prescribe itn this Conin order to support that system. And I be- stitution a property qualification tor voting, lieve that in no way can you raisesuch a large every free white man wiil hIave the right to revenue, and raise it so easily, and so gene- vote, whether the Legislature imposes upon rally, as by a poll tax, which in other States hinm a poll tax or not. There can be no has been found by experience to work so well. doubt upon that point. So, it seellms to me, I therefore subnit this substitute and hope it the apprehension gentlemen llay -entertain in will be adopted. refere.!ce to the right of votitg should constiMr. KENNA eD. I shall not vote for any ttute no objection to the proposed antendamendment or proposition which looks to the ment. striking out of this article the words-" That Mr. BARRON. If the 6th article saidthe levying of taxes by the poll is grievous " shall Ihave the right of suffrage "-it would and oppressive." I am in favor of the decla- do very well; but it says-'- ought to have." ration of principle contained in this article, Mr. MtIINLRm. That "ougot" there cerand I do not think that the right to vote tainly means "shall;" and unless thlis Conshould have any pecuniary qualific.ations at- vention shall prescribe a property qualification tached to if. I think it ought to be above of the right of voting, every free white male price, and I am uncompromisingly opposed to citizen will have the right to vote, whether any price being fixed to it. I hope this C2onven- he is called upon to pay a poll-tax or not. tion will retain in tlheir declaration of rights the Now, 1 tlhik there is a grett deat of force in recognition and declaration of the princ;iple what has been said by tile genstletniatt from that'"levying taxes by the poll is grievous Cecil (.lr. Jones) and the other gentlleman and oppressive." -from Baltilnore (Mr..l) Daniel) in reference to Now in reference to the willingness of a the propriety of leaving it discretionary cetrtain class, which constitute a'large propor- with the Legislature, which will be elected by tion of the people of our State, to contribute the stlme constituency whicli we represent their share of expenses for the purposes of ed- here, to impose this tax in case the public neucation, there can be no doubt about thait. cessity hereafter may reqtuire it. We shall But the difficulty here is, and that difficulty has probably have to resort to every species of not been reachled by any gentleman who has taxation which the 4egislatlure catsn devise in expressed himself in favor of levying taxes by order to meet. the public bturdetis which are the poll-the difficulty is that that class of nIow resting upon the cousntry attd upon this people who are not directly taxed yet indi- 8tate. The history of the ~state ill past times rectly contribute miore to the revenues of the shows that extraordinary legislationl his been country than any other class of people. If resorted to for the purlposeof ratisitg revenue; taxes are very high, every article not only of the stanlp tax, the tax upon collateral inherit 172 ances, trustees' commissions, and all kinds of One gentleman asks, when this article says'collateral taxation have been resorted to. And I"that the levying of taxes by the poll is I want to leave it to the Legislature, if they grievous and oppressive, and ought to be see fit, to levy a poll tax, which will reach a abolished," whether such a tax has ever had great number of individuals who are abun- any existence. I say it hasno existence now, dantly able to pay taxes, but who do not now but it is for the reason that our Declaration contribute a single ce'nt to the public revenue. of Rights, since 1176, has said that it should I shall, therefore, vote for the proposed have no existence. Strike out this provision amendment. and it will have an existence either in the Mr. THOMAS. I merely wish to make one brain of some gentleman here, or in the brains remark to the majority of this Convention, of some future Legislature. I shall vote and that is, that in my opinion, if this pro- against striking it out. vision of the Declaration of Rights is stricken Mr. CUSHING. In stating my intention to out, the majority which is responsible for this vote for the amendment, as offered by my Constitution, will be forging a chain for them- colleague (1Mr. Daniel) I would like to express selves, and making a magazine which will my opinion that this amendment has been burst this Constitution into fragments when treated as if it were a legislative enactment; it comes before the people. Suppose you and, so ftr as the minds of some members strike out this provision which says "that seem to have gone, the altering this article so the levying of taxes by the poll is grievous as to leave out the prohibition of a poll tax, -and oppressive," a declaration which, as has was already actually a grievous burden upon been well said bymy colleague (Mr. Stirling) the people. They seem to think that the is as venerable as the old Constitution of 1776. striking out this prohibition is actually levyI do not say that gentlemen upon the other ing a poll tax. Now the only thing proposed.side, who are now advocating the amendment by this amendment is to leave that subject to to strike out that provision, will go before the the Legislature of the State. Who are they people and make that argument against the who elect the members of that Legislature Constitution; but men will be found who but the men upon whom this tax will fall, if will go before the people and say that this it is imposed by the Legislature? and they Convention has stricken out this venerable will not be apt to elect a Legislature which clause which has always been looked upon as will impose a poll tax upon them if they do sacred, to wit: "that the levying of taxes by not desire it. Nor will there probably ever the poll is grievous and oppressive,'' for the be found a Legislature in the State of Marypurpose of enabling the Legislature to impose land so entirely dissevered from all political upon the people an additional burden of tax- connections and interests, that solely and only ation, and they will make the people believe with regard to their own views, and without that the object is to put an additional fetter regard to the views of their constituents, will around the elective franchise, whether it be so levy a poll tax, unless the people who send.or not. Now if the principle is true that a: them here desire it to be done. poll tax is oppressive, why not state it in this But this is so venerable, say gentlemen here, article? I that we must not touch it. Yet there are inMr. MILLER. Will the gentleman, as a law- timations that we are going to touch much yer, say that the imposition of a poll tax by more venerable things. Now if antiquity is the Legislature, unless there is a property a reason for not touching this clause of the qualification prescribed by this Constitution, bill of rights, that reason nSay be thundered ~will prevent any man from voting? against us in regard to all the clauses of the Mr. THOMAS. No, sir: I say it would not. bill of rights and of the Constitution; and I say if the Constitution prescribes the quali- though some of them may be old and rotten, ifications of voters, no legislative act can go yet, they are venerable from their antiquity,,behind that constitutional provision. But. I and we must not knock them out. Now let:say that if you strike out this prohibition of us examine this article, and see what it is. a poll tax-and it does not say whether it This first clause is put in here as though its -shall be one dollar, or ten dollars; or one framers had had the conviction forced upon,hundred or one thousand dollars-you give their minds that a poll tax was unjust and op-future Legislatures the power to put an in- pressive, and. they intended to prohibit any creased burden upon the poor, who are not such tax in the future. Yet they would seem able to. bear that burden. I say that a poll to have changed their intention when they Btax is wrong in principle, is grievous and op- reached the latter clause; and having seen,pressive; and whether the right belongs to that they were depriving the Legislature of a the people or not in their legislative capacity right which the people might desire them to to carry this provision into effect in case it is exercise, they destroy the whole force of the not in,the Constitution, I am in favor of first clause by giving to the Legislature the letting thlis article -stand just as it is; so that power to impose a tax upon persons and prop-we can go before the people and tell them that erty with a political view. Now that tax on;we-harve not sought to deprive them of every, persons might be a poll tax of one dollar, or ingle;right they had. one hundred dollars, or more. And with this 173 provision to impose a tax on persons with a upon government or public officers. Taxes political view," with the broad scope that purely personal and not laid upon the propthose words would allow to men in the Legis- erty, are not necessarily capitation taxes, or lature, who may have some object to subserve, taxes levied at the polls. there might be a question whether it would Now believing that taxes by the poll, or not allow the imposition of a poll tax, in re- capitation taxes, are grievous and oppreslation to the qualifications of voters, for the sive, I shall vote for retaining this article as political view of controlling votes, or deciding it is, and against the amendment proposed. who shall vote. The very clause that is al- And believing also that the power granted to ready in this article, and which no one pro- the Legislature, in the succeeding portion of poses to touch, opens a broad field for action. the article, to levy personal taxes, will not Now there is nothing in the substitute pro- come at all in conflict with this prohibition reposed by my colleague that should startle the specting taxes by the poll, or capitation taxes, people. And I much doubt whether the peo- I see no necessity for altering it, and shall ple will so distrust this. Convention as to ap- I vote for it as it is. prehend any danger from their action in this Mr. PUGH. As one who has repeatedly paid respect, or will send men to their future Leo- a poll tax, I suppose I may be permitted to islatures who will impose a poll tax as a explain what I understand by the words qualification for voting; and all that we have'"poll tax." I understand the word "poll" heard here about imposing such a burden to beavery old word for "head;" and a poll upon the poor man, and restricting the right F tax is to all intents and purposes a capitation of voting, it seems to me is uncalled for, when tax. Now if I thought gentlemen from Balwe remember that we have already passed timore city would have any difficulty in exupon an article which provides that every free 1 plaining to their constituents what was meant white male citizen shall have te right to vote. by this term "poll tax," I should be in Mr. BARRON. " Ought to have." favor of some explanation accompanying it Mr. CUSHING. One of the gentlemen (Mr. here. But I do not think they will have any Miller) who opposes this article, says that difficulty in so doing. "' ouht to" means' shall." and that has not Mr. t USHING. Did the gentleman allude to been contradicted on this floor. me, as one who would have difficulty in exMr. SCHILEY. There seems to be in this plaining? Convention a considerable confusion of ideas Mr. PUGH. No, sir; I alluded to no genupon this subject. Now let us understand! tleman in particular. what it is we are talking about; and first, let Mr. CUSHING. I merely want to say this, me ask, what is a poll tax? If I have a cor- I that if this Convention shall ignore the prinrect apprehension of the general meaning of I ciple " that the levying of taxes by the poll is the term, it means a capitation tax levied upon grievous and oppressive," my people will the voters at the polls. That is one, and the i think that they will not have the right to vote popular interpretation of that term; another without paying a tax. interpretation, and perhaps a more critical Mr. PUGH. Then I thinlk that the gentleone, is that it is a mere capitation tax Now man should go home to his constituents and if the first interpretation be accepted as the F explain that it does not mean that. Thouproper one, then a poll tax is clearly grievous sands of men have had poll taxes levied upon and oppressive. I shall never consent to a them, have not paid, and yet have voted. tax upon the elective franchise. It' the other F One serious objection I have always had to be the proper interpretation, then I think it the levying of a poll tax, as shown more parmust strike every member here that, if not ticularly in Virginia, was that it was almost necessarily so, it may be and must be, in utterly impossible to collect it of the very many instances, equally grievous and op- parties to whom several of the gentlemen from pressive. And for that same reason I think Baltimore seem to think it refers. A man that all such taxes I' ought to be abolished;" who has nothing to pay with does not pay a which I understand to mean a prohibition of i poll tax or any other tax; and yet he votes them. I unless he is otherwise disqualified from voting. Now the confusion of ideas to which I have 1 I have repeatedly paid a poll tax in Virginia, referred strikes me as occurring between either and I have voted side by side with dozens of of these interpretations, and the provision men who never paid a poll tax or any other contained in the latter part of this article, au- tax. thorizing the Legislature to I'lproperly and Now there is nothing whatever in this arjustly" impose taxes "on persons and prop- tide or any other requiring that a man shall erty with a political view.'" T apprehend that pay a poll tax or any other tax in order to the taxes on persons there referred to are not in entitle him to the right of suffrage; and if the their nature in either acceptation of the term, Legislature should hereafter provide that no the popular or the critical one, a capitation tax, man shall vote unless he pays some tax, whethor taxes on persons at the polls. But it may er that Legislature designate that tax as a poll refer to what we now have under the Federal tax or any other tax, that will not deprive laws, taxes upon income; it may refer to taxes him of the right of suffrage. 174 And while I am on the floor I wish to say a school system, and yet not be in conflict with something furthler. My objection to this ar- the wording or true meaning of this article. tide is this: I am convinced that before this Because, as I have before stated, a tax which Convention concludes its labors there will be shall reach the head of every man can be laid some school system provided for, and in order without ca ling it a poll tax. to carry out that system, it may be thought I will re~id an amendment just handed me proper by the Legislature hereafter to levy a by my friend from Allegany (Mr. Hlebb) but tax in a manner which may be construed to I will not offer it now, as I am somewhat be a poll or capitation tax, though without committed on the school question. using the words "poll tax" or "capitation Add to the substitute proposed by the gentax." As I know such a tax can be levied tlenian from Baltimore (Mr. Daniel) the folwithout using those words, as I have seen it lowing: done, and have seen its effects after being "Provided, that no tax shall be levied as a done, I might not be opposed to leaving the qualification for the exercise of the right of article stand as it is; because I am satisfied suffrage." a tax can be levied reaching every man in Mr. SCOTT. I rise for the purpose of withspite of this article. That is already done in drawing my amendment, in ordor to give my Pennsylvania: I find nothing in the Consti- colleague (AMr. Pugh) an opportunity to move tution of Pennsylvania directly authorizing the amendment he has just read, as an addiit; and yet I do know that every man there tion to the proposed substitute. is required to pay a school tax, and the man- The PRESMIENT. The gentleman cannot ner in which it can be done is this: a tax withdraw his amendment without general may be levied by the Legislature, of so much consent. on the hundred dollars, and every man can be Mr. CLARaKE objected to the withdrawal. considered as worth ahundred dollars. And lMr. PUGH. I have no proposition to subso far as my memory now serves me, I think mit. I am only speaking upon the amendthe school tax used to be twenty-seven cents ment already submitted, of which I am in on every $100; and consequently every man favor, provided it is the impression of mnemhad to pay at least twenty-seven cents school bers that there can be any nmisconstruction of tax. this article. If it appears to members of this Suppose that a tax is hereafter imposed in Convention that this article cannotstand as it the State of Maryland which may be construed now reads without being liable to a constructo be a poll tax; if it is imposed for purposes tion, which I do not think can be justified, of education, I am satisfied it will be willingly then I will vote to ameid it But I would paid by a great many people who now have like very much to know whether gentlemen not the glorious opportunity of contributing are convinced that their constituents will put to the support of a school system. As has that construction upon it. been remarked by my colleague, (Mr. Scott) Mr. SCHLEY. We have never had a poll there are a great many men in the counties tax levied in the State of Maryland; at least and in the city of Baltimore, who have not never within my recollection, and the comthe opportunity, under existing laws in the mon imp ession is that a poll tax is a tax to State of Mlaryland, of helping to educate the be levied upon the right of suffrage. people of the State, while they are abundant- Mr. PUGH. Did the gentleman ever hear ly able to do so. It is true they may do so the word "'poll " applied to the head? independently of taxation; there is nothing Mr. ScHLEvY. Certainly, a great many times. to prevent them doing so by subscription, &c. But I am now speaking of the popular underbut their attention has not been called to the standing of the term. matter by any law, and consequently they Mr. PUGH. I believe I will favor the pass it by, and are not really in a position, amendment, and run the risk of explaining according to the laws of Maryland, to sustain the matter to my constituents. a school system. Now while I believe there Mr. PURNELL,. It is not my purpose to inis no tax so little likely to be collected as a dulge in any extended remarks in addition to poll tax, yet from my experience I do believe those already made by gentlemen for and there never was a tax laid upon the people so against this amendment. But I will briefly universally paid as a school tax. give my reasons why I wish to adhere to and Now it is only with that view that I am in shall support this article of' the bill of rights favor of changing the phraseology of this at- as reported by the committee to whom this tide; with the view only that in case this subject was confided. Now it does not seem Convention may provide for a general school to me that the application of the revenue to system for the State of Maryland, the Legis- be raised by this process of taxation is of any lature may not be hampered by any forced great importance compared with the principle construction, or possible misconstruction, ofl involved. It is true, as has been stated here, this article as it now stands.:I say'miscon- that in the Stateof Delaware they have a poll struction," Por by my construction of it, I tax, and that poll tax is regulated by a kind can see clearly how the Legislature can pass of sliding scale suited to the exigencies and any law taxing the people for the support of purposes to which it is applied. It is applied, 175 l believe, exclusively to the repairs of public tern which the Legislature may adopt. That roads, and not for the purposes of education. is another reason why we should not resort to In one or two of the other States. perhaps, it this odious system of taxation. is applied to purposes of education. But I I do Ilot feel inclined to take up the time have ever looked upon that tax, in the lan- of lhis Convention by discussing this propoguage of the bill of rights, as grievous and sition further. I am opposed both to the oppressive. I have so regarded it because I amendnment of the gentleman from Cecil (Mr. believe it to be a tax upon the labor of the Scott) and the amendment of the gentleman poorer class of people, the laboring class of from Baltirnore city (Mr. Daniel) and shall people. Because a man is not so fortunate as vote for the article in the bill of rights as reto be possessed of a portion of this world's ported by the committee. goods and chattels upon which a tax can be Mr. Pe'nm. The view I take of this arti-. levied and collected, it does seem to me that cle as it stands is, that the reason why a tax his misfortune should not be taken advantage by the poll is said to be grievous and oppresof and a tax be imposed upon his head, or, in sive is that there must be some fine or penalty the language of the bill of rights, upon his attached to a tax of that kind, in order that "poll.' Suppose you levy this poll tax; if such a tax may be made available; true, it is the party upon whose head it is levied has no impossible to take that from a man which he visible means from which by any process of does not possess. And I cannot agree with law you can collect the tax, how is the tax the gentleman over the way (Mr. Pugh) who collector to obtain it? And if he has money, says that you may leave it to the will of the it is true that he may, if so disposed, contri- party to pay it or not as he pleases. \We must bute to the revenue of the county; but his have our laws certain and fixed. We cannot coffers may be full and yet you cannot extort well have a law which shall say to this manthe tax from him. If you please, you can pay this tax; and to Mr. PUGH. If the gentleman will allow me another-If you do not desire to pay this tax, I will explain how, according to my experi- you need not do it. Thet would certainly be ence, this matter will work. It is not collected unjust, because, while the man who would be except the parties upon whom it is levied benefited by it, might see fit and proper to choose to pay it; and in many cases I have pay the tax, yet, knowing human dispositions known it has not been collected if parties had as we do, we may be certain that the man no propertv upon which a levy could be made who would not be benefited by it, would, of to collect it. course, be the man who would not please to Mr. PORNELL. The gentleman's explana- pay the tax. tion satisfies me of the perfect inutility of The reason, therefore, why I conceive that such a tax. What is the use of levying a tax this tax is properly termed grievous and opif you cannot collect it? pressive, is that there must be some fine or Mr. DANIEL. You.can get it if they choose p( nalty attached to it, whereby the tax may to pay it. be made available friom parties who have no Mr. PURNELL. Then it is optional with means which the tax collector can reach in orthem whether they pay it or not. I think it der to collect the lax. One of the penalties is the law now in Delaware that a voter can- hitherto attached in many of the States, has not-approach the polls and exercise the privi- been the loss of the right of suffrage; that no lege of the elective franchise without exhibit- party should exercise that right unless he ing the receipt of the tax collector. That could produce his receipt, showing that he had was the law at one time, and I think it is the paid his per capita tax. I do not say that in law now. Now that is arestriction upon the this case it would necessarily follow, that a right of suffrage which I do not think this man would be compelled to exhibit his taxConvention will sanction. receipt 1,efore he could vote. The Legislature Now in regard to the idea of'associating might affix another penalty; that if a man this lax with school purposes. I take it for did not pay his poll-lax, he should be imgranted that there is no member of this Con- prisoned. It might be mace a penal offence. vention but what would see the school fund For thatreason, I say that it is just and propswelled to an illimitable amount by any prop- er that we should abide by the old landmarks er process whatever. But would you wish which our fathers planted. They could have to tax this unfortunate class of people to swell had no other reason fbr inserting a provision that fund? I can see no reason whatever for of this kind in our bill of rights-for clearly doing that. There are other means for rais- it does not admit of the interpretation which ing a school fund; and fortunately for the some gentlenen, would give it, that it affects State of Maryland we now h-,ve a large school the right of stffrage —they could have had no fund, awaitirg only the means to make it other reason for it, than that the poor should effective. Ai d besides that there has been a be protected; that they should not be overlarge body of land donated by the General ridden by taxation; that their daily pittance, Government to this State, some 200,000 acres, merely sufficient tor their meat and bread, I believe, which will be soon made available should not be taxed for the support of others. for school purposes, and will sustain any sys- It is in this view that the poll-tax was look 176 ed upon as grievous and oppressive. And I faulter, or in any way of violating the law, could not go home to my people, especially to however slightly: and wily politicians will the poor of my county, and say to them that take advantage of the poverty of men, and. I had advocated a provision whereby their pay their taxes for them to further their own daily pittance could be taken from them for selfish ends. And the same frauds will attend the support of our State, or its school fund. the execution of this law, that once attended There are men enough who will advocate the the execution of the naturalization Iaws; but principle that the taxes for the support of our which do not attend them now, because it is schools shall be laid upon the property owned not quite so safe now to be a citizen of the in the State, and upon the property owned United States as it used to be. and enjoyed by its citizens: and if need be, And though the imposition of a poll tax to follow out the plan adopted by the general may not be made in effect to prevent directly government, to levy a tax for the school fund any one friom voting who does not pay it; upon the annual income of any person which still it is one step in that direction, for the nay exceed a certain sum. But in all in- most usual and almost universal ienralty atstances, leave to the poor m'an sufficient of his tached to the n on-payment of a poll tax is the earnings to buy his meat and bread before denial of the elective franchise. I think you levy a capitation tax upon him. this question of the elective franchise is so imThis provision has, indeed, been one of the portant, so vital to the unity and security of landmarks of our State. It gave rise to great our institutions, that we ought to hesitate becontroversy in the last Convention, and has fore adopting any meiasure which looksin any been brought before the people in our county way directly or indirectly towards affecting it on many occasions. And this tax is one injuriously. I am therefore opposed to alteragainst which the majority of the people have ing this article in any manner, and shall vote always lifted up their voice in tones which against all amendments to it. may not be disregarded. Conceiving, there- In regard to the inconsistencies said by genfore, as I do, that a per capita tax will be tlemen to exist between the first and the last grievous and oppressive, as it must have con- provisions of this article, they have been exnected with it fines and penalties to enforce plained so satisfactorily by others,: that it its collection, I shall vote against any amend- must be evident to all that the two portions ment to this article. are in perfect harmony with each other, and: Mir. SMITrH, of Carroll. This is manifestly in no way inconsistent. an important question, not only as involving Mr. BELT. The conclusion to which my a great principle, but, as was stated by the friend from Frederick (Mr. Schley) seems to gentleman from Baltimore city (Mr. Thomas) have come upon this question, has been so as bearing upon the result of the submission well answered by my friend fronm Cecil (~Mr to the people of the Constitution we may adopt Pugh) that I think it can be passed by withthere. This principle has received thesanction out further remark, except that I cannot of some of the wisest and best men that the but express my astonishment that the gentleState of MIaryland has ever produced. And man has not been able to discover the differit has' been adhered to and sanctioned by the ence between the provision to secure us against people of the State, and unless some para- property qualifications for voting, and the mount reasons are urged against it, I think provision to secure us against taxing by the we ought still to adhere to it. poll. Property qualifications, as a matter of Now if a law is passed by the Legislature of fact, have existed in some of the States of this Maryland inposing a poll tax, it will be nuga- Union. But the 6th article of this bill of tory to a great extent unless it imposes some rights, referred to by the gentleman from penalty, and that penalty in other States usu- Anne Arundel, ( Mr. Miller,) is a clause which ally has been that the payment of the tax was renders it an impossibility for the Legislature made a condition precedent to the enjoyment of of Maryland to eniact a property qualification. the elective franchise. It is so in every State And the gentleman from Carroll, (MIr. Smith, ) with which I am acquainted where such a tax although he does not appear to think'with the is imposed. And if the tax is not paid here, gentleman from Frederick, (Mr. Schley,) that and it will not be in a great many instances, by any construction of this clause it can be because of the inability or unwillingness of possibly made'so as that a poll tax may mean persons to pay it, what position will they be a tax at the polls, yet does think that the explaced in? There will be an odium attached clusion of this prohibition will have a tendto them; they will be in some sense defaulters ency towards a poll tax in'the sense of the to the treasury whose coffers the law is in- gentlemrnan from Frederick. Now how can tended to fill; and if the payment of the tax that follow as long as we preserve that article is made a condition for the exercise of the of the bill of rights. which provides against right of suffrage, then those who cannot or a property qualification? The one isas much -do not pay it, will be operated upon by schem- a principle of government as the other. ing politicians, and the candidate who has: I therefore think we can come to a considthe most money will get the most votes. Now I eration of this question apart from any conno man likes to be in the position of a de- sideration ofproperty qualifications for voters, I am as much opposed to property qualifica- That clause will be found in article 9 of the tions as any one, and I shall. oppose any Constitution of the United States, section 5, amendment of this bill of rights having any which says: tendency in that direction. But it is incon-'"No capitation or other direct tax shall be ceivable to me that we cannot grant to the laid, unless in proportion to the census," &c. Legislature the power to lay taxes upon any That is the law of the General Government basis, which at the time the taxes are laid, now; the provision under which the Concircumstances may render proper. A great gress of the United States exercises its power. deal has been said about the rich and poor in Mr. SANDS. I wish to express just one connection with this question. Now I am thought suggested to me by the remarks of not for giving to the Legislature this power the gentleman who last addressed this house. because I want to oppress the poor.; I do it Outside of that, I will adopt the remarks of because in this time of heavy taxation, such the gentleman from Montgomery (Mr. Peter) as this nation has never before known, I am as mine, I endorse them so heartily. The for enlarging the basis of taxation in every gentleman from Prince George's (Mr. Belt) way it can be justly and properly enlarged. says that you cannot oppress the poor man It is not the poor upon which this so-called by levying upon him a tax which he cannot oppression will fall; but those who arein any pay. I beg leave to differ from that opinion. other position than that of poor men: the I t ink of all feelings that any man in this straggling, way-faring, temporary, and in world can be called upon to endure, the feelmany cases, rich population of this State, ing of being a debtor and not b'eing able to people who have amassed fortunes, and can pay, is the worst. Suppose you impose upon well afford to pay any amount of Federal and the poor man a tax of one dollar a year, and State taxation. I am not for leaving it within he is compelled to meet the assessor and his the power of the Legislature to tax the poor neighbor day after day with the feeling that man within an inch of his life, if I may use he is a debtor to the State to the amount of the expression; but I am in favor of giving one dollar. Sir, I would not have that man's the Legislature thepower to make thoseother feelings for $500, or even $1,000 a year. persons toe the mark, and contribute to the Feelings are things in this world that go a support of the Government. great way towards the question of happiness As for any talk about going before the peo- and misery; quite as much as meat and bread. ple, I am willing to go before the people upon I think with Solomon, that a pot of herbs with that question. You cannot oppress men with- content, is better than a stalled ox with hatred out property by saying that they shall pay or any other such feeling. taxes; because if they have no property of How many thousands of dollars would be course they cannot pay a tax. The only put into the treasury of the State, could be practical effect of the proposition of the gen- collected in this way, and for what purpose? tleman fiom Baltimore city (Mr. Daniel) is to The purpose of providing for schools, is the introduce another element into the basis of only one urged in its justification. Now we taxation, which can be made available to have been assured, and it is the fact, that the lighten the burdens upon the holders of tax- State has already an abundant fund, for this able property. purpose, and all we have to do, is to provide It has been gravely argued by gentlemen means for making that fund available. I of here, that this provision laying down the course, admit the plain proposition that if a principle of the oppressiveness of taxation by man has not a dollar in his pocket you canthe poll is so ancient, so venerable, so backed not make him take one out; but you can up by the authority of great names and bet- make him feel the worse for not having it ter times than ours, that we ought not to there. touch it, as by repealing it we would be in- I have been looking over the Constitutions troducing a new element into our State) a of many of the States, and I find that whensystem of law under which our people have ever there is a poll or capitation tax provided never lived. Why, sir, we live under that for, the payment of that tax is a condition system of law now; we now live under a upon which a man is allowed to vote. WhethGovernment whose Legislature has the right er the people of Virginia vote now without to impose a poll tax. The Constitution of the paying their tax, I do not know But unless United States does not deny to Congress, but they are now voting under a Constitution impliedly and expressly.grants to it that later than 1834, they are still voting under a power, in the clause wherein it says that a property qualification. capitation tax shall not be laid except so Mr. PUGH. They are voting now under a and so. So we are at this very day living Constitution nearly twenty years later than under a Constitution by whose operation the that-of 1851. Congress of the United States is expressly in- Mr. SANDS. The Constitution of 1834 is vested with the power at any moment it the latest which I have at hand. chooses, to lay upon our people this very tax, Mr. PUGH. The gentleman has my assurwhich gentlemen here argue it would be op- ance of the fact. pressive for our State Legislature to impose. Mr. SANDs. Certainly; I do not dispute 178 the gentleman. I merely said that unless they by selling their votes to any politician who hatd a Constitution later than that of 1834, would pay their taxes for them. A heautithey are still voting under a property quali- ful way that would be of relieving themselves fication. If they are, then it is all right. from odium I But I want gentletnen to keep in mind the Now, sir, the young men upon whom this idea that you can make a man feel very badly proposition would operate are in favor of a by taxing him one dollar when he cannot pay poll tax. They are men without families, it. Ewithout the necessity of providing for houseNow as to the phraseology of this article. keeping expenses —the most of whom board, It now reads, "that the levying of taxes by and many of them in the families of their the poll, is g, ievous and oppressive, and ought employers. And they say they are in favor to be abolished." Now I think those words of a poll tax, that they want to be elevated " ought to be abolished," ouaht to be abol- at least to the condition of a dog, who pays a ished from this article. They were put in tax of a dollar-or at least his owner does for there at a time when there, was a poll tax to him-that they feel degraded by not contribbe abolished. I suppose they were put in the uting so much to the support of the governConstitution of 1850, by being copied ver- ment as a dog d(,es, and they want to be rebatim fromt the Constitution of 1776, long lieved from that degradation. after the poll tax had ceased to exist. Section The question was stated to be upon the mo13 of the Constitution of 1776 did abolish tion of Mr. DANiEL to strike out the 14th the pre-existing poll tax, which those who article and insert the following: had borne it said was grievous and oppres- "That every person in this State, or persive. But the language of the article in the son holding property therein, ought to conConstittution departs from that of 1776, in the tribute his proportion of public taxes for the latter clause, by putting in the word "per- support of Government, according to his acsons," where the old Constitution had a much tual worth in real or personal property; and clearer provision. The old Constitution reads that fines, duties or laxes may properly and thus: justly be imposed or laid on persons or prop" Yet fines, duties and taxes may properly erty for the good government and benefit of and justly he imposed or laid with a politlcal the community." view for the good government and benefit of Upon that question Mr. DANItEL called for the comamunity." the yeas and nays, which were ordered. The words L"on persons or property" The question being then taken, by yeas and are interpolated into the provision of the old nays, it resulted, yeas 35, nays 48, as folConstitution, doubtless looking towards Judge lows: Dorsey's idea of a poll tax. Now I will go Yeas.-Messrs. Goldsborough, President; as far as any man to devise a scheme for Annan, Belt, Bond, Brown, Carter, Clarke, taxing those who have made fortunes and are Cushing, Dail, Daniel, Dellinger, Earle, now enjoying them without contributing to (.reene, Hebb, Henkle, Hodson, Hopper, Horthe support of the Government in the propor- sey, Johnson, Jones of Cecil, Jones of Somtion they should. And if you make the man erset, Lee, Miller, Noble, Parker, Pugh, Robwho has made a fortune of one, two, three inette, Scott, Smith of Dorchester, Sneary, or five hundred thousand dollars pay a tax of Sykes, Todd, Valliant, Wickard, Wilmer-35. one or five hundred dollars, it will not be so Nays-Messrs. Abbott, Audoun, Baker, oppressive to him as the tax of one dollar Barron, Berry of Prince George's, Billirrgsley, would be to the poor man. Mr. Stewart, the Blatkistotn, Briscoe, Brooks, Crawford, Cunmillionare of New York city, or Mr. Astor, ningham, Davis of Charles, Davis of' Washor any of tho-e very wealthy men, Aould not ington, Ecker, Edelen, Farrow, Galloway, feel a tax of a thousand or five thousand dol- Harwood, Hatch, Hoffmnan, Hopkins, Keefer, lars as much as the poor man would the tax Kennard, King, Marbuiry, Alarkey, McComas, of the one dollar which he needs to buy the Mitchell, Morgan, M~ullikin, Murray, Negley, bread and meat for the day for his famnily. Nyman, Parran, Peter, Purnell, Ridgeley, Mr. SCOTT. A great deal of the argument Russell Sands, Schley, Schlosser, Smnith of here to-day, it seems to me, proceeds upon Carroll, Smith of Worcester, Stirling, Stockthe conception that we are now providing a bridge, Swope, Thomas, Wooden —48. poll tax, instead of leaving it to the Legisla- So the motion to strike out and insert was ture to exercise their discret'on upon the sub- rejected. ject. The gentleman who last, addressed this Pending the call of the yeas and nays upon House, and the gentleman from Carroll, (Mr. this question, the following gentlemen exSmith,) speak of the misery of the poor man plained their votes as their naries were called. under this tax, which he cannot pay. And Mr. ABBO'r' said: By way of explaining my the gentleman from Carroll- suggests a very vote, I will say that I vote' no" for the singular way for relieving this so much op- purpose of voting for the article as it stands pressed poor man from the odium which will reported. attach to the non-payment of this tax. HIe Mr. BELT. I vote "aye," but I wish to place says the poor men would relieve themselves myself distinctly upon the record, by saying 179 that I vote " aye " simply for the purpose of I vote in the affirmative with the distinct ungiving the Legislature the power to enlarge derstanding that this amendment is not a the basis of taxation by the imposition of a stepping-stone to any otl er qualification for capitation tax, if it shall so please; but I am voters than such as are laid down in the old opposed to the requirement of the payment of Constitution. any tax as a condition precedent to the exer- The amendment was accordingly rejected. cise of the right of suffrage., Mr. DANIEL. I now move to strike out the Mr. BERRY, of Prince George's. I shall 14th article, and insert: vote " no" upon this proposition for the rea- "That every person in this State, or person son that I have always been opposed to a cap- holding property therein, ought to contribute itation tax. I think that taxes of all sorts his portion of public taxes for the support of ought to be levied upon property rather than Government. according to his actual worth in upon persons. real or personal property; and that fines, Mr. BRIscoE. As I understand the amend- duties or taxes may properly and justly be ment now being voted upon, it does not con- imposed or laid on persons or property for the form to any article in the Constitution of good government and benefit of the com1776, the Constitution of 1850, or the bill of rounity; but that paupers ought not to be rights, as reported by our committee, inasmuch assessed for the support of the Government." as it leaves out the provision-" Paupers ought This is the same proposition as the one just not to be assessed for the support of the Gov- voted on, with the addition of the clause in ernment," I vote " no." relation to paupers. Mr. JONES, of Somerset. My vote will be Mr. NEGLEY. I am opposed to this propogiven upon this principle: thatthe Legislature sition, as I was to the one just voted down. ought not to be restricted, but should be left I a'm in favor of the article as it stands, withfiee to act upon the principl.e which underlies out any alteration or emendation. It has all governnment, viz: that wherea. man enjoys been argued that whether you strike out this the benefits and the protection of the govern- provision or not, nevertheless in the latter ment and its laws be should contribute to the clause this power to impose a, capitation tax support of that government, it' he is able to is given. If that argument be true, then what do so, whether he be in possession of property is the necessity for striking out this first which can be reached by the tax collector, or clause? For gentlemen who favor this amendof a salary only which cannot be so reached ment of this article contend that even if you by ordinary taxation. Now with the view do not touch it, it would still leave the power of leaving the Legislature untrammeled-cer- in the hands of the Legislature, by the latter tainly not with any expectation that the power portion of this article, to impose a capitation will ever be used to deprive those unable to tax. If that be so, then why advocate this pay the tax of the right of suffrage-I vote amendment at all? If it be d(iscretionary " aye." with, or open to the Legislature, to pass such Mr. MILLER. For the reasons so well as- a tax law, when the power is inhibited in the signed by the gentleman from Somnerset (Mr first part of this article and reinstated in the Jones,) I shall vote " aye" upon this propo- latter part of it, then why undertake to alter sition, believing that in so doing I am not en- it at all? They can accomrplish all they want abling the Legislature to oppress any poor without any alteration. man, or depriving him of the right of suffrage. Now I am opposed to giving the Legislature Mr. NP:tGLEY. I give the vote I do upon the any power to pass a law that in its character, ground that I am utterly and entirely oposed in its very nature, is one of property qualifito clothing the Legislature of Maryland with cation. As the gentleman fronm Carroll (Mr. the powerofe.nacting a property qualification; Smith) has conclusively dernonstrated, the for with the gentleman from Carroll (Mr. only penalty ever known in connection with Smith) I believe that alaw without ) penalty such a law in any State of this Union, is the attached is not worth the parchment upon inability to cast a ballot if the tax be not paid; which it is written. And the penalty has in- in other words the certificate of the proper variably been the depreciation of the right of officer, of the payment of that tax, always to suffrage for the non-payment of the tax. I be exhibited before the vote can be given If therefore vote " no." that. is so, and I think it is so beyond all posMr. RIDGI:LY. If this proposition was a sibility of doubt or controversy, then is it not limit; d one, I shoulld vote in the affirmative. a tax upon the elective franchise, just as much I am opposed to giving a general power to the as if you required a man to own an ass, or an Legislature to levy a capitation tax. If the ox, or any thing else, or pay so much Money, power were linited to purposes of education or have the means to pay it, before he is and schools, I should vote for it. But as it allowed to vote In the case of the man who confers the general power upon the Legisla- is required to own an ox or an ass, it would ture, I shall vote "no." be the ox or the ass that would pay the tax, Mr. VAILIANTr. I will not trouble the Con- or rather the possession of the ox or the ass vention witlh giving my reasons for voting as which can be taxed, is the qualification to I do upon this question, I will simply say that' Vote, as much so as the payment of a capita 180 tion tax of 50 cents or a dollar. There is no ford, Cunningham, Cushing, Dail, Daniel, difference between the two; and I amn there- Davis of Charles, Davis of Washington, fore opposed to any such proposition. Gen- Dellinger, Dennis, Duvall, Earle, Ecker, Edetlemen argue in favor of this amendment, len, Farrow, Galloway, Greene, Harwood, that there is a large class of people in Mary- Hatch, Hebb, Henkle, Hodson, Hopkins, Hopland, as in other States, young men who make per, Horsey, Johnson, Jones of Cecil, Jones handsome incomes but who do not pay any of Somerset, Keefer, Kennard, King, Lanstax. Now is it not in the power of the Leg- dale, Larsh, Lee, Mace, Marbury, Markey, islature to reach that class of cases, inde- McComas, Mitchell, Miller, Morgan, Mullikin, pendently of a poll tax, a capitation tax, or Murray, Negley, Noble, Nymana, Parker, Paran election tax? They can be reached in an- ran, Peter, Pugh, Purnell, Ridgely, Robinother and far less objectionable mode. I am ette, Russell, Schley, Schlosser, Scott, Smith sure you will damage the prospects of the of Carroll, Smith of Dorchester, Smith of Constitution you may adopt, by inserting any- Worcester, Sneary, Stirling, Stockbridge, thing in it that looks towards-if it does not, Sykes, Thomas, Thruston, Todd, Wickard, as I contend it does, substantially-granting Wilmer, Wooden-83. the power to the Legislature to pass a prop- The proceedings of yesterday were read erty qualification tax. I shall, therefore, op- and approved. pose this amendment, and vote for the article On motion of Mr. SIITH, of Carroll, it as originally reported. was Mr. DANIEL. With the permission of the Ordered, That it be entered on the Journal Convention, I will withdraw my proposition that Dr. John Swope, of Carroll county, is in favor of one from the gentleman from Alle- absent fromn the Convention on account of gany, (Mr. Greene,) which I think is in a the illness of his brother. better form than the one I have submitted. The PRESIDENT announced the first business No objection being made, leave to with- in order to be the order submitted by Mr. draw was granted. Valliant on yesterday, as follows: Mr. GREENE then submitted the following Ordered, That 130 copies of the Rules and proposition: Orders for the government of the Convention Strike out article 14, and insert the follow- be printed in pamphlet form for the use of ing as article 14: members. " That paupers ought not to be assessed Mr. CUSsING. Before that is acted on, I for the support of the Government, but every think the Convention better act on the amendperson in the State, holding property therein, ments to the rules, of which I gave notice ought to contribute his proportion of public yesterday, because if adopted they will make taxes for the support of Government, accord- a material change in the rules. I therefore ing to his actual worth in real or personal move that this order be postponed until toproperty; and fines, duties or taxes may morrow. properly and justly be imposed or laid on per- The question being taken, the motion to sons or property for the good government postpone was agreed to. and benefit of the community; provided that AMENDMENT OF THE RULES. no capitation tax shall be imposed as a quali- The Convention then proceeded to the confication for the exercise of the right of suf- sideration of the following amendments to fra(e." the Rules, of which notice was given by Mr. Mr. JONEs, of Somerset. I would suggest Cushing on yesterday: that we take until to-morrow morning to re- Amend Rule 42 by striking out the words fleet upon this subject. I therefore move "the final passage of a report, or," so that that this Convention do now adjourn. the rule will read: The question being taken upon the motion "All questions, except on a motion to susto adjourn, it was agreed to, upon a divi- pend the rules, or those otherwise herein prosion-yeas 44, nays not counted. vided for, shall be determined by a majority The Convention accordingly adjourned. of the members present; those dividing in the affirmative rising in their places, those in the negative continuing in their seats, and so vice versa, until a decision by the PresiTWENTIETH DAY. dent." Amend Rule 43 by striking out all after a, Ma, 14. the word''Journal" in the third line, so that The Convention met at 11 A. HA. the rule will read: Prayer by the Rev. Mr. Owen. "The question on the final adoption of any Present at the call of the roll, the follow- article shall always be determined by yeas ing members: and nays, which shall be recorded on the Messrs. Goldsborourgh, (President,) Ab- Journal." bott, Annan, Audoun, Baker, Barron, Belt, The question was stated to be on the proBerry of Prince George's, Billingsley, Black- position to amend the 42d Rule. iston, Bond, Briscoe, Brown, Carter, Craw- Mr. BERRY, of Prince George's. I hope 181 that rule will not be adopted. We had a occasions of important votes there will be a very full discussion on the propriety of adopt- full attendance here of the members of this ing this 42d Rule, when it was under con- Convention. All that the gentleman has to sideration by this Convention. It was then do to insure that a majority of all the memshown that under the law which called us bers elected shall vote for the final passage of together, this body consisted of 96 members, any article, is to secure the attendance of the 50 of whom should constitute a quorum. members elected to this Convention. If the Now if the amendment proposed by the gen- members will not conie, if' the assumption of tleman from Baltimore city (Mr. Cushing) the gentleman is correct that only fifty nembe adopted, then 26 members of this Conven- hers will be here, then after this Convention tion may pass any article which may be pro- has remained here as long as the other Conposed to be inserted in the Constitution which vention did, this rule would require us to go we were sent here to frame. Now would the home without passing one article of the Conpeople be satisfied with a Constitution, the stitution which we are sent here to make, and organic law of their State, which had been the whole decision of the questions before us passed by but 26 of the 96 members of this may be lost for want of the votes of the maConvention? Would not the people regard jority of the members elected, unless in each the Constitution submitted to them as having case the votes of three-fifths of the members received more attention and consideration, present can be secured for a suspension of the and as embodying more wisdom, if we re- rules. quired that each article should receive on its Mr. STIRtING. It seems to me that the final passage the affirmative votes of a ma- amendment proposed by my colleague is objority of all the members elected to this Con- viously a proper one. And it strikes me vention, rather than a mere majority of the -if I am incorrect, some gentleman in the members present? Convention more familiar with parliamentary I do hope this Convention will hesitate rules can correct me-it strikes me that the long before they adopt this amendment. I ordinary parliamentary rule in every body is.am satisfied its adoption will lead to hasty that a majority of a quorum decides the acaction upon the part of this Convention, and tion of the house. that many articles will be passed upon with- The rule as it now stands, and which it is,out due consideration. I hold that no body proposed to amend, is a practice established called together as this body is, should pass by the Constitution of this State, and is an finally any portion of the Constitution it exception to the general rule. The reason may fiame, without giving in its favor the for that rule as applied to our Legislature is votes of a majority of all the members elected one which has no application to this Convento that body. Such is the wise and discreet tion. On the contrary, the circumstances rule adopted by all deliberative bodies from which induced the former Convention to time immemorial. Gentlemen may say that place that restriction upon the action of the this rule was not followed by the Convention I Legislature, are precisely opposed to the cirof 1850. That is true, and I do not know culnstances under which this Convention is why it was that that Convention did not assembled. This Convention has been called have such a rule as this. But in most de- together, charged by the people of' this State liberative bodies-for I believe that Convern- with the duty of' malking a Constitution. tion was an exception to the general rule- We are here, however, only for the purpose the final passage of any, subject-matter be- of putting in such al ticles in the Constitution fore it requires the affirmative vote of a ma- which we may thtink best adapted to the rejority of all the members elected. quirements of the people of the State, upon I hope either that the gentleman wrill with- which the people are to pass finally, not this draw his amendment, or that it will be voted Convention. And to adopt a regulation in down by this Convention, for I consider this regard to ouvr action which wtill prevent us rule as it now stands the greatest safeguard from accomplishing what we are sent here to we have for the proper consideration of every perform, unless a majority of all the members matter before us. elected shall agree to it, is, I think, a contraMr. CUSHING. I have made the motion to diction in terms. change this rule from a conviction that it Now the Legislature is not sent here to would tend to the progress of business be- pass any particular law, but to exercise a fore this Convention to have the decision of general supervision over the interests of the all questions rest upon the general rule, the Sta te subject to legislative action. It is a votes of a majority of the house. The gen- body which sits for a long period of time, tleman from Prince George's (1Mr. Berry) ap- and there may hbe a necessity to guard against parently bases his remarks upon the assump- hasty action. And in order to promote detion, in his own mind, that at no time will liberation in reguard to acts which affect the there be more than fifty members in the house. people of the whole State, and the errors But with the spirit which the gentleman has in which cannot be corrected except by shown, and which I believe actuates all the electing a new Legislature, this provision other members of this Convention, then on all was put in the Constitution, that whatever 182 was done by the Legislature should be done ing rules for their government, do not seek by the majority of the whole Legislature. to provide rules for a contingency which may But we are sent here for a different purpose, or may not happen —but they provide arbiwith a specific duty to perform; and the pre- trary rules for their government, to prevent sumption is that any article we may act the occurrence of what might be inconsistent upon will receive the votes of a majority of with the wise action of the body. Now, sir, the members. And to continue this restric- the Constitution of the State of Maryland tion upon our action is merely to put it in provides that no measure shall become a law the power of a minority of this house, when- 1 unless it receive the votes of a majority of ever there is not a full attendance, by their all the members elected to each branch of own act of absenting themselves to prevent the Legislature. Although the Convention the passage of any article. In the Legisla- which assembled here in 1850 adopted the ture it sometimes takes them several trials to majority rule, yet they saw that such a rule pass a law, for which it is perfectly well would be unwise, that it would lead to hasty known a majority of the members elected action by the Legislature, and for that reason would vote if present. Should there be, say they required that a majority of all the imemthirty-eight or forty members present, and bers elected to the Senate and to the House you get thirty-seven votes for a bill, yet it is of Delegates should be given in favor of any lost fbr want of the Constitutional vote; measure before it should become a law. though nine-tenths of the members present Now, if, in the wisdom of the Convention may be in favor of the bill, and but one-tenth which assembled here in 1850, it was necesopposed to it, yet it is defeated. sary to place this check upon hasty action by Now what reason is there for applying the Legislature, is it not much more necessary such an extraordinary rule to the action of in the case of a Convention assembled to this body? There is no analogy between the frame an organic law for a State, which law two cases. We ought to plant ourselves I may last for years? An act of the General upon the ordinary parliamentary rule, that Assembly may be passed at one session, and the votes of the majority of a quorum of the may be repealed at the next session.'But we members present shall decide the action of do not have Constitutional Conventions asthe body. If there are fifty members pres- semnble every year, although the course indient and thirty of them are in favor of any I cated by the majority here I am afraid will article, and twenty opposed to it, why should lead to that result. And every party in the asit not pass? Why should nine or ten more cendancy at any time will want a change in votes be required to pass it? It is not to be the organic law, and I should not wonder, presumed that every member absent would should the.course advocated by the majority vote with the minority, but that the same here be carried out, if we have every two difference would be shown in their votes as years at least, a Constitutional Convention in the votes of those present. In short, as I assembled for the purpose of effecting some have said before, the provision now contained change in the organic law. in this rule is an exception, contained in the This rule, adopted upon serious consideraConstitution of Maryland, and foreign to all tion and after much discussion, was adopted general principles of parliamentary law. It as a safeguard for our action here. The bill was made for a, particular purpose, which under which we are called together provides purpose has no bearing upon the work which that there shall be ninety-six members; that this body is sent here to perform, and I see no at least sixty-five shall be elected before this reason why we should adhere to this ex- Convention shall be called together, and that ception. fifty of the members elected shall constitute a Mr. CusHING. I desire to state what will quorum for the transaction of business-and be the probable operation of this rule as it if we are governed at all by the spirit of this now stands, as has been suggested to me by law, I say that at least fifty votes are essensome gentleman here. The average attend- tial to the passage of any article by us. ance in this house so far has been seventy- I hope the Convention will hesitate before three. Now, if we adhere to the rule as it they adopt this amendment, for it will lead, I at present stands, one-fourth of the members am satisfied, to the result I have already elected to this Convention will have a veto stated, that twenty-six members out of the power upon the action of this Convention, ninety-six members elected to this Convenprovided the average attendance heine contin- tion will be enabled to adopt any article in ues the same that it has been. And gentle- this Constitution they may see fit to adopt. men are afraid to give to the majority pres- Mr. THRUSTON. When this rule was before ent the right to pass finally upon any article, us for consideration I opposed its adoption, while they are willing to place a veto power because I saw it would obstruct very much in the hands of one-fourth of the members the business of this Convention. I think the elected, if the average attendance here does Convention Bill prescribing what number of not exceed seventy-three members. members should constitute.a quorum for the Mr. BEaRRY. of Prince George's. I under- transaction of business, and what number stand that all deliberative bodies, in provid- shall constitute a complete Convention, is a 183 sufficient guide for me at least, and furnishes shall present it with the sanction of the me a sufficient reason for opposing this rule. votes of a majority of the members elected to Now, if we require the affirmative votes of this body. For thesereasons, and also for the the whole of a quorum (a quorum being reason that there h'ts yet been nothing in fifty members) or, four-fifths of what may the action of this body, since its vote upon constitute the Convention, to, carry any the adoption of this rule, to indicate any measure in this body-and it is not finally necessity for changing this rule, I hope we acted on here, but the people must ratify it- shall adhere to it, at least until we shall see I doubt if we shall be able to pass scarcely by some application of it that some injury, any single article in the Constitution. Sixty- some injustice will be caused by its enforcefive members are a sufficient number to form motent. this Convention and make it legal; and fifty Mr. SCOTT. I hope the gentleman from is more than three-fourths of that number. Baltimore (Mr. Cushing) will not press a When the bill prescribed that a quorum vote upon his amendment at this tine. We should consist of fifty members, it made that have suffered no inconvenience and no delay a sufficient number to transact the business from the application of this rule, because we we are sent here to perform; and the ma- have not as yet taken any oath under it, and jority of that quorum should be a sufficient no danger of difficulty can arise, with the number to determine any question. If mem- rule as it now stands, any more than if bers think that twenty-six members should amended as he proposes, if gentlemen will not be allowed to pass finally upon any arti- but attend here. If the gentlemen to whom le, then let them attend here as they ought. the people of Baltimore city have entrusted There is a very great difference between get- their interests in this Convention will only ting twenty-six to oppose a measure, and be at their posts, it matters not what rule getting fifty to support it. I am in favor of bte adopted. But if they choose to abthe proposed amendment. sent themselves, and the business of the Mr. MINILLER. I do not rise for the purpose Convention is retarded thereby, then the reof reiterating the argument made when this sponsibility will rest upon them and not question was before the Convention the other upon us. day. It was very fully considered at that The PRESIDENT. The Convention can comtime. I find by reference to the Journal that pel the attendance of its members at any upon the motion of the gentleman from Alle- time. gany (Mr. Thruston) to strike out that por- Mr. SCOTT. Then I shall vote for the rule tion of the 43d Rule requiring a majority of as it now stands, and against the amendall the members elected to this Convention to ment. vote for the final passage of any article, the Mr. HENKLE. The amendment proposed gentleman from Baltimore (Mr. Cushing) by the gentleman from Baltimore city, (Mr. who now moves this amendment voted for Cushing), and which we are now considering, retaining that provision in the rule as it now ift' I understand it, is to strike out the words stands. He has given to the Convention this "the final passage of a report, or," now in morning no reason why he has since changed the 42dRule, so that it will then read: his views upon that subject. And there has "All questions, except on a nmotion to susbeen nothing in the action of this Convention pend the rules, or those otherwise herein prosince then which would authorize a change o 1 vided for, shall be determined by a majority opinion upon the part of those gentlemen of the members present," &c. who then voted for this rule. We have no Gentlemen here seem to discuss that amendarticle up for final consideration, to deter- ment as if its adoption would amount to a mine whether or not there would be a ma- repeal of the 43d Rule. I cannot see how jority of the members elected to vote for it. the adoption of this amendment necessarily I presume that upon most of the articles operates as a repeal of the 43d Rule, when it which will be incorporated in this Constitu- is proposed to have this 42d Rule, even if tion there will be no conflict of opinion upon amended, to read —"'All questions, except on them, and the members present would unan- a motion to suspend the rules, or those othimously vote in favor of them. So that this erwise herein provided for." Even if this rule will not operate to prevent the action of amendment be adopted, the 43d Rule will still this body in reference to the great majority require the votes of all the members elected of the articles which this Convention may to this Convention to incorporate any article adopt. in the Constitution. In reference, however, to disputed points, Mr. STIRLING. That is true; but if this and disputed articles, where there is great amendment is carried, it will show that a division of sentiment in this body, I think majority of this house is in favor of amendthe rule laid down by the present Constitu- ing the 43d Rule also. tion of this State a wise and a just one, and Mr. IHNKLE. That maybe so, but that is should be adhered to by us; that when we not the proposition now before the House. submit to the people of this State for their The PRESIDENT. The Chair will remark approval any article of the Constitution, we that as the same principle applies to both 184 amendments proposed by the gentleman from We have been sent here, and it is expected Baltimore city (Mr. Cushing) the debate has of us that we will frame an organic law which been permitted to embrace both amendments. will be approved by the people. Gentlemen Mr. HENKLE. Then I hope that this amend- who favor this amendment have argued that ment will not be adopted. It seems to me our action here is not final; but that whatthat this is an effort to repeal what is obvi- ever we may adbpt must be submitted to the ously a very good rule, in order to make it people, and if it is not proper the people can consistent with what is doubtless a very bad reject it. Now is that an argument to be rule. The Convention in the very first place urged in support of inconsiderate, hasty, input itself into a very inconsistent position. judicious action here? Is it intended to deAfter adopting the rule requiring the votes grade the action of this Convention below of a majority of all the members elected to the status of a mere act of the Assembly? pass any article, it subsequently passed a rule This rule applies to legislative action. Why requiring only three-fifths of the members not apply the same rule to the action of a present to suspend that rule. That placed it Convention called together to frame an orin the power of only 30 members to suspend ganic law for the State, which we hope will a rule requiring the votes of 49 members to stand and live for ages to come? The people pass an article of the Constitution. have sent us here to do this thing, and to do Gentlemen who favor the proposed amend- it in an acceptable manner to them, and it is meat have said that it would be better for the to be hoped that our work may be accepted expedition of business that this rule should by the people. But in order to secure that be changed. Is it not better to suffer a little result it is desirable that whatever is passed inconvenience than to run the risk of hasty here shall be passed by as unanimous a vote action, and the adoption of such measures as as possible. The State has incurred great will not be sanctioned by the people? I as- expense in calling this Convention together. sunme that unless a measure proposed here Hundreds of thousands of dollars must be can receive the sanction of a majority of the expended to defray the expenses of this Conmembers elected to this Convention, it better vention. And it is to be hoped that Convennot be adopted. tions may not be frequently called. It is In the first place it is perfectly familiar to scarcely fourteen years since a Convention all here that the majority of this Convention assembled here at great expense to this State. did not receive the votes of a majority of the It is said that Convention did not adopt this legal voters of this State. However, I will rule; then that is a reason why we should not argue that question. But is it probable, adopt it, for in less than fourteen years we if any measure proposed here can obtain the have been called together to frame another votes of but a minority of this Convention, Constitution for this State, and it is'"a conit will be a fair representation of the wishes summation most devoutly to be wished," of a majority of the people of this State? In that we may not have another Convention the Legislature the votes of a majority of the shortly. members elected to each house is required to The question recurred upon the amendpass any act, even of the most insignificant ment proposed by MIr. CUSHING to the 42d and local character. Yet it has been con- Rule. sidered right that in order fbr any measure Mr. BEaRY, of Prince George's, called the to take its place upon our statute-books, it yeas and nays upon that question, and they should receive the votes of a majority of the were ordered. members elected to each house of the Legisla- The question being then taken, by yeas ture. Then, for much more urgent reasons, and nays, it resulted, yeas 39, nays 43, as is it obvious that proposed amendments to follows: the Constitution, which affect the organic Yeas-Messrs. Abbott, Annan, Baker, Carlaw of the State, should receive the votes of ter, Cunningham, Cushing, Davis of Washa majority of the members elected to this ington, Dellinger, Ecker, Farrow, Galloway, Convention. The organic law is supposed to Greene, Hatch, Hebb, Hopkins, Hopper, Jones be permanent. We are not making a Con- of Cecil, Keefer, King, Larsh, Mace, Markey, stitution to be repealed, or altered or changed McComas, Mullikin, Negley, Noble, Nyman, to-morrow. It is to be hoped that the Con- Pugh, Robinette, Russell, Schley, Schlosser, stitution we may adopt will be permanent. Sneary, Stirling, Sykes, Thruston, Todd, -I would like to see a Constitution framed Wickard, Wooden-39. here that will stand for ages to come. But.Nays-Messrs. GoldsboroUgh, President; can we expect such will be the case, if its Audoun, Barron, Belt, Berry of Prince provisions are adopted by the votes of but a George's, Billingsley, Blackiston, Bond, Brisminority of this Convention? If we change coe, Brown, Crawford, Dail, Daniel, Davis the rule as proposed, then this Convention of Charles, Dennis, Duvall, Earle, Edelen, places it in the power of 26 of its members Harwood, Henkle, Hodson, Horsey, Johnson, -less than one-third of the members elected Jones of Somerset, Kennard, Lansdale, Lee, -to adopt the most important measure which Marbury, Mitchell, Miller, Morgan, Murray, may be placed in this Constitution. Parker, Parran, Peter, Purnell, Ridgely, 185 Scott, Smith of Carroll, Smith of Dorches- Mr. DANIEL. I will state that the amendter, Smith of Worcester, Thomas, Wilmer ment which I submitted yesterday was sub-43. mitted as an amendment to the amendment The amendment was accordingly rejected. of the gentleman from Cecil, (Mr. Scott.) The question then recurred upon the amend- When that was voted down, then the gentlement proposed by Mr. CUSHING to the 43d man from Allegany, (Mr. Greene,) submitted Rule. the one now pending as an amendment to Mr. CUSHING. I will not press that amend- the same amendment of the gentleman from ment, but with the consent of the Convention Cecil, (Mr. Scott.) But I would like to hear I will withdraw it. I now give notice that any amendments read which gentlemen may on to-morrow, or some subsequent day, I have to offer. will move to amend the 42d Rule by striking The CHAIRMAN. They can be read for inout the words " the final passage of a report, formation. or a motion to suspend the rules, or, " so that Mir. MILLER. I do not propose to read my the rule will then read: amendment unless I can have an opportunity " All questions, except those otherwise for a few moments to explain it, as I think herein provided for, shall be determined by it an important one. If the amendment of a majority of the members present: those di- the gentleman from Allegany (Mr. Greene) viding in the affirmative rising in their places, is adopted, I can then offer it as an amendthose in the negative continuing in their seats, ment to that. and so vice versa, until a decision by the Pre- Mr. JONES, of Somerset, called for the readsident." ing of Mr. SCOTT'S amendment, to which the Also to amend the 43d Rule, by striking pending proposition was an amendment, and out all after the word "' nays" in the second it was read as follows: line, so that it will then read: Strike out of article 14 the words: " The question on the final adoption of any " The levying of taxes by the poll is grievarticle shall always be determined by yeas ous and oppressive, and ought to be abolishand nays." ed; that paupers ought not to be assessed for DECLARATION OF RIGHTS. the support of the Government, but;" also On motion of Mr. HEBB, strike out the word " other " after the word The Convention (Mr. Purnell in the chair) " every " in the third line; so that the artithen resumed the consideration of the special cle would then read: order of the day, being the report of the com- "That every person in the State, or person mittee on the Declaration of Rights. holding property therein, ought to contribute The question was stated to be upon the fol- his proportion of public taxes for tile support lowing, submitted by Mr. GREENE: of Government, according to his actual worth Strike out Art. 14, and insert the follow- in real or personal property; yet fines, duties ing as Art. 14: or taxes may properly and justly be imposed "That paupers ought not to be assessed or laid on persons or property for the good for the support of the Government, but every government and benefit of the community." person in the State, holding property therein, Mr. JONES, of Somerset. I felt very much ought to contribute his proportion of public inclined, at the time of the adjournment on taxes for the support of Government, accord- yesterday, to support the amendment of the ing to his actual worth in real or personal gentleman from Allegany, (Mr. Greene,) in property; and fines, duties or taxes may pro- the terms in which it was offered. My atperly and justly be imposed or laid on, per- tention had not been called particularly to sons or property for the good government this article, and I had not considered it, unand benefit of the community; provided, til the debate arose yesterday upon it and that no capitation tax shall be imposed as a the various amendments submitted to it. I qualification for the exercise of the right of was a great deal interested in the debate that suffrage." occurred, and the longer the matter was pendMr. MILLER. Is it now in order for me to ing before the Convention, the more I became offer an amendment to the proposition now convinced that this whole subject required pending? and demanded at our hands a much more maThe CHAIRMAN. The chair is informed by ture consideration than, so far as I could the Secretary, that the proposition of the judge from the debate on yesterday, it had yet gentleman from Allegany (Mr. Greene) is an received from members of this Convention. amendment to the amendment of the gentle- It was very apparent from that debate that man from Cecil, (Mr. Scott,) and that it is there was much misconception with reference so entered upon the Journal. to the meaning of the original bill of rights Mr. MILLER. Then I think the Journal is adopted in 1776, which was reported in the wrong, for it must be evident that the propo- Constitution adopted in 1851, and which is sition of the gentleman from Allegany, (Mir. now proposed, I believe in almost identically Greene,) is in the nature of a substitute for the same terms, by the Committee on the Dethe entire article, and not an amendment to claration of Rights in their report to this any amendment of that article. Convention. It was assumed yesterday, in 13 186 almost every argument that was made upon Lwithout any restriction as to color,] being the subject of striking out this provision in freeholders of not less than fifty acres of land, regard to taxing by the poll, that the poll or having visible property in this colony to tax mentioned in the bill of rights, and the value of ~40 sterling at the least, and no comprehended in the denunciation as be- others, be admitted to vote for representaing grievous and oppressive, was a tax in tives to serve in the said Convention for the restriction of the right of suffrage. Now, said counties and districts, and the town of sir, that is a total misconception of the pur- Baltimore aforesaid; and that all freemen pose and object of the Convention of 1776 in above 21 years of age, owning a whole lot of framing this article. It had no reference land in the said city of' Annapolis, or having whatever to the question of the right of suf- a visible estate of ~20 sterling at the least, frage. The members of that Convention of within this province, or having served five 1776 were among the most rigid in guarding years to any trade within the said city and the right of suffrage, and about as far from being a housekeeper, and no others, be adrecognizing and adopting the doctrine of mitted to vote for representatives in the said universal suffrage, as entertained by us now, Convention for the said city, provided such and held and maintained for the last fifty or person shall have resided in the county, dissixty years in this State, as it is well possible trict, city or town, where he shall offer to to conceive. vote, one whole year next preceding the elecThe Convention of 1776 adhered literally tion." to the doctrine upon which they understood Now there was nothing in the restriction the revolution then pending to be proceeding, of the bill of rights which had any reference which was that taxation arid. representation whatever to these qualifications. And these were inseparable; that he who did not con- very qualifications were carried into the Contribute by the payment of taxes to the sup- stitution adopted by the Convention elected port of the government was not entitled to under them, and continued to be the qua.lifiparticipate in that government.. That was cations of voters in this State down to 1803, the view entertained by the Convention of'4 or'5, I think. Under these restrictions, 1776. And in pursuance of the views they and that Constitution, free negroes who held entertained, in the very inception of the fifty acres of land, or visible property in the Revolutionary war, at the very first election State of the value of ~40 sterling, were alregulated by law in this State, they prescribed lowed to vote. But no freemiLn in the State, a property qualification for all voters. And no soldier who had fought in the Revoluperhaps, if gentlemen have not looked at the tionary war was allowed to vote in this State provisions adopted and insisted upon by that unless he had this property qualification. Convention, they may be somewhat surprised The history of that time shows that it was to find the views entertained of the right of the federal party in those days who sustained suffrage by the great and learned and patri- the principle that representation and taxation otic men who represented the sovereignty of should go together; and it was the demothe State in that Convention. I will read cratic party of those days that fought that some extracts with a view of illustrating the provision in the Constitution. and finally triqualifications of voters prescribed by that umlphed in bestowing the right of suffrage Convention. upon every free white male citizen of 21 years In July, 1776, the Convention then in ses- of age who was a resident of the State. I sion determined that it should be dissolved, have heard an anecdote, which I will relate, and they resolved'" That a new Convention in reference to the political contests in one of -be elected for the express purpose of forming our counties, which was always used by one a new government, by the authority of the of the democratic candidates to the great dispeople only, and enacting and ordering all comfiture of his opponent as long as this prothings for the preservation, safety and gene- perty qualification existed, although it was ral weal of this colony." I read from the a strong federal county. The anecdote is, "Conventions of Maryland, 1174,'75,'76," that there was an old revolutionary soldier, page 184. They proceeded to appoint judges who had been wounded and had received of election in the several counties, and to honorable scars in the battles of the Revolumake the apportionment of representatives, tion to secure the liberties of his country, giving two each to the cities of Annapolis and who had been voting a number of years. and Baltimore, and four to each of the coun- He owned an old mare valued at ~30 sterling, ties, except the county of Frederick, which which was the sole property he had, and then comprised what are now Allegany and which represented his right to vote. It so Washington counties, and which was then happened that at one time on his way to the divided into three districts, to each of which place of election unfortunately the old mare were apportioned four representatives. Now died. When he got to the polls it somehow who were to vote at that election? Here are got out that his right of voting had departed. the qualifications of voters, as prescribed by When he presented himself to vote, as he had that Convention: been in the habit of doing for years, the'That all freemen above 21 years of age, judges of election asked him if he was worth 18 -property to the value of ~30. The old sol- "That the inhabitants of the county agreed, dier replied —'I was when I started from that every taxable man bearing arms being home this morning; I had then an old:mare an inhabitant of the county, had: an unwhich was worth ~30, but she has died on doubted right to vote for representatives at the way." "'Then," replied thejuduges, "you uthis time of public calamity; that the judges cannot vote." "Abh!" said the old soldier, appointed declined to act, and that they ap"it would seem that the right of voting was pointed the judges:who made the return as not in, me, but in the old mare;" and with aforesaid." that he departed. On page 214, it will be found, that the Now we have heard a great deal about pro- Convention, with but one dissenting voice, viding in the Constitution to have judges of "esolved, That the election for Prince election to serve away off somewhere out of George's county, not being held agreeable the State, in Florida, Tennessee, Louisiana, to the directions of the last Convention, is wherever a.ny citizens: of this State may be void, and that an election for the said. county serving as soldiers of the United States, and be held by the judges appointed at the last allowing those soldiers to vote there. Not Convention, on Thursday, the 22d inst., upon that principle, I am sure, did the old [August, 1776,] at the court-house of the Convention of 1776 act. And the proposi- county, and that the members returned be distion is open to so grave objections on account charged from further attendance in this Conof inconvenience, and the liability to fraudu- vention." lent practices, that I apprehend this Con- And that was also done in some districts in vention will hardly entertain seriously any other parts of the State. So much for the proposition of that sort. Now I desire to right of suffrage as fixed by the Convention read to this Convention an extract from this of 1776, which framed the original Constibook, with the view of showing the adherence tution and form of Government for the State of the Convention of 1776 to one of the fun- of Maryland. It was found afterwards that damental principles of English liberty, the the Constitution which was adopted, expressabsolute preponderance of the civil over-the ly prescribed as a qualification: for the military authorities; and the ideas that they right of suffrage, the possession of fifty acres had on the subject of soldiers voting. I read of land, or property of the value of ~30 from page 185: sterling; in very nearly the same terms pre"R2esolvecl, That no. person holding a com- scribed by the original Convention. Theremission or office in the regular forces of this fore in adopting the article of the Bill of province, shall, during the time of his hold- Rights which declared that poll taxes as uning the same, be eligible as a representative derstood and practised previous to that time, aforesaid; nor shall any person who shall especially in Great Britain, I believe, were hereafter accept of any commission or office grievous and oppressive, and ought to be on the land or sea service, or shall enlist in abolished, the Convention had no reference the regular forces raised, or to be raised for. whatever to the question of the right of sufthe continental service, or the service of this frage. or any other colony, be eligible as a repre- This section I presume is intended to consentative as aforesaid, or hold any office or fer upon the Legislature of the State the place in the civil department, or have a power of taxation for necessary State purright to vote at any election, during. the poses; that I presume is the object of it. time he shall hold such commission or office The right to confer that power exists in the in the military forces, or being therein en- people at large; and they must confer it titled as aforesaid." upon their agents before it can be exercised. Now that is strong evidence of their desire They may limit the grant of power, if they to keep the civil administration apart from please; and in this section it is limited very all military authority, and to keep the mili- materially, although the limitation is not tary authority subordinate to the civil ad- expressed in very precise and exact terms..ministration, even in those times of revolu- The section reads: tion. In some parts of the State there were "That the levying of taxes by the poll is very considerable divisions of sentiment upon grievous and oppressive, and ought to be that question at that time. The patriotic abolished." county of Prince George's undertook to nul- That might lead to very grave litigation lify that provision, and indeed did disregard upon many taxes that are usually laid by it in the election which they held. And governments. when the Convention assembled, the Com- "That paupers ought not to be assessed mittee on Elections reported-page 211, for the support of the Government." "That Walter Bowie, Luke Marbury, [the - That I presume will not be open to quesgrandfather, I believe, of my worthy friend tion; for if they have nothing with which here now representing Prince George's to pay the tax to be collected by the Governcounty,] Osborn Sprigg, and Thomas Sim ment then I cannot conceive very well how Lee, Esqrs., are returned by Jeremiah Magru-: they can be subjects of taxation. der, Humphrey Belt, and Thomas Boyd, as "'But every other person in the State, or duly elected for Prince George's county. person holding property therein, ought to 188 contribute his proportion of public taxes for tution which declared that taxes should be the support of Government, according to his laid upon property, and that a man should actual worth in real or personal property." contribute to the support of the Government Now there is a restriction which will go according to his actual worth in real and perfar to restrict the power of the Legislature sonal property. Hence it was that when the upon the subject of taxation. And what is law of 1841, chapter 325, called the income the concluding proposition? tax, was passed, assessing a tax of 22 per "Yet fines, duties *or taxes may properly cent. upon all salaries prof'essional incomes, and justly be imposed or laid on persons or and profits arising from all professions and property, with a political view, for the good employments, amounting to more than $500, government and benefit of the communi- it was very generally considered to be onerty.". ous and oppressive, as very objectionable That concluding provision contains terms and very unusual, and by many lawyers that so broad and inconclusive and vague that law was denounced as conflicting with that there will very likely be a great deal of liti- very clause of the Constitution, which we gation if the action of the Legislature should now have under consideration, that taxes happen to pass out of the usual routine of should be upon persons in proportion to taxation. their actual worth in real and personal propMr. PUGH. I would call the attention of erty. That act provided for the appointthe gentleman to the fact that the words ment of assessors, that every man's income "with a political view," are proposed to be should be assessed 2- per cent.; and collecstricken out by the amendment. tors were to be appointed, and the tax was Mr. JONEs, of Somerset. I think they bet- to be collected and paid into the State Treater be stricken out, for they amount to noth- sury. It was explainted by the act of 1842, ch. ing here, tfor the real object and meaning is 294, that the incomes to be taxed were those of that the tax shall be "for the good govern- lawyers, physicians, professors and teachers ment and benefit of the community." of colleges and academies, all officers of the Now it occurs to me that especially in the State, and all salaries received by any percondition in which we are now placed, with son in the employment of any person, prithe evident necessity that there is for taxes vate association, firm or company, amountto be derived from every proper source of ing to $300, should be assessed 24 per cent. income and revenue upon which the' State And I believe that no law ever passed in can rely properly in the exercise of all the this State, imposing any sort of tax for proper powers of government in a civilized revenue, ever so signally failed of execution and christian land-it seems to me that as this income tax law of 1841. It was dethe power of the General Assembly to lay' nounced from the beginning as unusual and and collect taxes should be very broad unconstitutional and it was very generally and unrestricted. Now I submit that if the disregarded. In very many counties nobody power of taxation, conferred by the States, could be found who would consent to be asthrough the Constitution of the United States, sessor. In some of the counties the County upon the Federal Congress, to be exercised Commissioners would not appoint assessors, upon the individual citizens of every State and the law was so amended ais to give the throughout the country-and which isbroad Governor the power to appoint. But even and unlimited, being concurrent with that then the law could not be enforced, except of many of the States-I submit that the on those very patriotic individuals who did power of taxation to be conferred by this not object to the payment of the tax, and Convention upon the General Assembly of those gentlemen who were receiving salaries Maryland ought to be at least as broad as from the State, from which the tax could be the power of taxation conferred upon the deducted. I was absent from my county Congress of the United States. I think that when the law was passed, when the assessis a reasonable proposition, and that there ment was made, and when the whole thing need be no fear that any General Assembly went into operation. I was absent upon of Maryland, in considering upon and adopt- duty, out of the State in fact. When I reing the proper subjects of taxation to raise turned, some time during the summer of the necessary revenue for the support of the 1843, the collector called upon me and preGovernment, the common defence of the sented a bill of income tax for me to pay. Now State, and purposes of education, will go be- I had never been asked a single question yond the usual and proper sources of taxa- about my income; I had never even seen the tion which may be found expedient by the assesor. I found that the assessor had estiexperience of this State. mated my professional income from the pracNow upon contingencies which arose upon tice of law-and by the by I had for three former occasions, the General Assembly did years scarcely been in the county, but had attempt to raise revenue from some sources of been elsewhere, and my professional incomes taxation which were unusual in the history of had almost entirely fallen off-the assessor this State, which at the timewere considered had estimated my income at three times as. contravening the provision of the Consti- what it actually was. But I paid the tax, 189 though T have thought ever since that unless ing man enjoys, and yet contribute nothing the State enforced it upon others, which it did to the support of that government? I do not not, it still owed me the fifty dollars I paid think that is in accordance with any princiat that time; for with the exception of a ples of equity and justice, or of sound policy few men, who, like Gov. Pratt and some in the organization of any government. others, paid the full tax until the law was Now I maintain that it. is the duty of this repealed, a11 the rest of the people of the Convention to confer upon the General AsState failed to pay the tax. sembly full power of taxation. I have no Now I am for removing every objection, by idea that any man who desires the protection conferring upon the General Assembly the of the State will hesitate a moment to pay a clear and constitutional right to levy an in- small part of his salary in the shape of a come tax, and the suggestions which come proper tax for the support of the government. from my friend from Cecil (Mr. Scott) meets And I maintain that it is the duty of this that view precisely. His idea is that those Convention to confer upon the General Aswho enjoy the protection of the government sembly a power of taxation at least equal to should contribute to its support. They may and concurrent with that possessed by the be making $3,000, $4,000 or $5,000 a year, Congress of the United States. And I have in the way of salary. Upon what? Not upon drawn up a provision to that effect, which at any real and personal property that can be the proper time I desire to offer by way of found and taxed. Yet there are many men amendment, and which I will read now as a who own a few acres of land which may be part of my argument, and which is framed worth $3,000 or $4,000, the tax upon which in a(co dance with the views I have had the may be $50. Some man may own an acre honor to submit to the Convention. It is in of land only, and may have a wife and chil- these words: dren to support by the proceeds of his daily "Article 14. The General Assembly shall labor, and may find it exceedingly difficult have power to lay and collect taxes for the at the end of the year to pay the doctor's defence of the State, and the support of the bills for his family, and the necessary ex- government thereof, and for purposes of edupenses of clothing them, and have a pittance cation; also to lay any imposts or duties on left to pay his State and county tax. And imports or exports which may be absolutely will you tell me that the man whose abilities necessary for the execution of the State Incan command a salary of from $1,000 to spection Laws; and also such fines, duties $5,000 a year, but who does not choose to or taxes as they may deem expedient and invest his money in any estate that the State proper for thei good government, and benefit can reach, shall be allowed to go scot free? of the community." What is his capital in business? His talents, And I beg leave to read from the Constihis character and his industry, and upon tution of the United States the terms of the those he trades. Where? Here in this State, grant of power to the federal Congress, to where he enjoys the.protection of our laws, show that I have embodied in this article, and where if he is injured in any way our which I shall offer as an amendment, those State must pay the expenses of courts and subjects of State taxation about which there juries to redress his injuries. And yet he is can be no possibility of dispute; for there is to be here, enjoying the full protection of a restriction, to which the States agreed, in our laws and our government, for whose the Constitution of the United States upon expenses others are to be taxed, and is to subjects of State taxation. The very first contribute nothing to the support of that clause of the eighth section of the enumeragovernment, because he does not own real or tion of the powers of Congress, is in these personal estate that can be reached by the words: assessor and tax gatherer. Is that just? —',Congress shall have power to levy and Does not the contribution to the support of collect taxes, duties, i'mports and excises, to the government, according to a man's real pay the debts and provide for the common ability to make that contribution, constitute defence and general welfare of the United the true relation of the citizen to the State, States, but all duties and imposts shall be and the true basis of taxation? And should uniform throughout the United States." a man who invests what little money he may Then in the second clause of section ten have in an acre of land in the county, or in will be found the restriction on the States: a house in the city, that he may have a home- "No State shall, without the consent of stead for his wife and children, be compelled Congress, lay any imposts or duties on imto pay a tax upon it; and others who have ports or exports, except what may be absotheir capital to trade upon, while this man's lutely necessary for executing its inspection capital is but the sinews of his body and the laws." toil of his hands, others who are blessed by I propose to make this article correspond heaven with higher capacities and qualifica- precisely with the Constitution of the United tions, and can command higher wages, per- States, giving concurrent power to the Genhaps live far easier lives, are to enjoy every eral Assembly with that possessed by the protection of the government that this labor- Congress of the United States. And whenever 190 it is in order-I,believe it is not now in or- but that you ougylt to do so and so; that such der, there being already an amendment to and such is the correct principle that should an amendment pending-I shall be obliged govern you. But they do not attempt to to the Convention if they will give me an bind you down to do so at all hazards. The opportunity to offer this as an amendment. first clause of the article now under considerMr. MAIBnuaY. In my judgment the argu- ation reads thus: ment that this bill of rights has stood the "That the levying of taxes by the poll is test of upwards of a century is a strong one, grievous and oppressive, and ought to be although it may not be a conclusive one. I abolished." know that it is an unpopular argument in the Now why did they say that it was grievpresent state of affairs, and I do not expect, ous and oppressive? It was because history by anything that I may say upon this clause had shown it to be so; because the experience of the bill of rights, or upon any other of foreign nations, wherever a poll tax was clause, that I shall be able to convince the attempted to be put upon the people, had minds of gentlemen who went for the glori- shown that in many instances the right -to do ous "rule of twenty-six." I think they ought so had been grossly abused. Any gentleto be designated as the "'rule of twenty-six" man here can easily conceive, in his own gentlemen, as the gentlemen -who go for put- miind, a case where the levying of' such a tax ting a Constitution upon the State of Mlary- would be grievous and oppressive. Suppose land by the votes of twenty-six men. I do the Legislature had the power, and should not know how many of them there are in this impose a poll tax of $50. That might be a Convention, but I wuant them all to have the very small tax to impose upon some men, but full honor and credit of supporting such a others might find it exceedingly grievous and proposition. oppressive. That would be a case where a Now in coming to the discussion of this poll tax would be grievous and oppressive. bill of rights, as it is the first opportunity I Now there isno conflict between the portion of have had of addressing this Convention upon this article declaring a poll tax grievous and the subject, I would like to state what I con- oppressive, and that portion authorizing the ceive to be the nature of a bill of rights. It taxing every man according to the property seems to me that in this country there was that he holds. The argument against the no absolute necessity for a bill of rights of poll tax is that in the hands of injudicious any kir,d. In:England, whence we derived and unwise legislative bodies it may be exthis idea of a bill of rights, they have no ceedingly grievous and oppressive. We do written Constitution-and a written charter not here undertake to bind down the Legisof rights of some kind was necessary there, lature; we merely express here what ought in order to enable the people to know specifi- to be our policy in binding it down when we cally what they may, at all times, demand come to that portion of the Constitution deof the Government. Now, sir, in this coun- fining the powers,and duties of the Legislatry we have written Constitutions, containing ture. The next clause of this article reads, specific articles, instructing the legislative, "That paupers ought not to be assessed for the judicial and the executive departments of the support of the Government."' the Government-what they cannot do, and That indicates that in the proper place in what they can do; and though both the bill the Constitution we should restrain the Legisof rights and the Constitution are equally lature from imposing taxes upon that particuparts of the organic law of the land, still, if lar class of persons. The article then goes they ever come in conflict, which they very on to sayoften do, the Constitution, being the more;13ut every other person in the State, or specific,and entering more into details as to the persons holding property therein, ought to character or the execution of the rights, is contribute his proportion of public taxes for the one to be taken as conclusive upon the the support of the Goverinment, according subject which may be in dispute. You have to his actual worth in real or personal prothen to look to the Constitutlon as the specific perty." law for the government of the State. It says,'every person;" it makes no exThe bill of rights is a mere declaration of ception-every person holding property in general principles. It is somewhat in the the State, of any kind or description, shall nature of the Declaration of Independence, be taxed, and that the tax ought to be in embodying a statement of broad, general proportion to his actual worth in real or perprinciples. It does not undertake to legis- sonal properkty. Now can there be any prolate, or to bind down the State. If you will position more clear and specific than that a read it you will find that each clause of this man who owns property in the State is bound. bill of rights as it stood framed by the Con- to pay a tax according to the amount of that vention of 176, is a declaration of some property? And is not the argument that general principle; that is the only true con- there are certain classes of men in this State struction that can be put upon it. The bill who do not own property you can reach; of rights does not say, as gentlemen here fully met by the concluding clause of this seem to argue, that you shall do so and so, article? 191 "Yet fines, duties, or taxes may properly reflect on what was necessary to develop the and justly be imposed or laid on persons or resources of the State, and to establish a property, with a political view, for the good good government for the people of that State; of the government and the benefit of the when he was allowed coolly and calmly to community." reflect upon all these things; not at a time Under that clause you have the right to when he was forced to drop his pen and take tax every man in the State, if he has wages up the sword, for such a time as that is no amounting to $100 a year even. Under this time for men to change an organic law which provision, if you put a provision in the Con- has stood through calm and storm, fire and stitution conferringthis power upon the Legis- sword, peace and war, for upwards of a hunlature, you may tax every man in the State dred years. who makes $50, $100 or any other amount You must come under proper rules, under of yearly income or wages. But you cannot proper regulations, if you would arrive at a do it from the mere fact of his being a man proper understanding, and a fair, full and and not a pauper. You mustshow the prop- free conception of the duties of a general erty he has, and the amount that he has, Convention of the whole State. You must and a tax levied in that way will fall in equal come together representing people who have proportion upon the man making $100 and exercised their highest wisdom at the ballot the man making $10,000 a year, and that is box. You must come fiom a people who a fair and just rule of taxation. have had ample time for the full consideraAnd those words which some gentlemen tion of anll the questions that will probably propose to strike out-''with a political view" come before you for consideration and action. -those words I think are significant. I be- You must come from a people who have told lieve that the men who framed this Bill of you by the votes of overwhelming numbers Rights in 1776 had an object and reason for that a political necessity has arisen which deevery word they put in them. It was not mands that a State Convention shall be held. for any simply local purpose; it was not for You must come, not from a people whose any personal object, that they desired that voice has been stifled by the arm of the milithis right of taxation- should be exercised. tary; but from a people who have been left But it was with a view to the general good, free to express their will, and who are anxisome great question of policy, something that ous, aye, sir, who are vociferous for some was to benefit the community, that they de- change in the present policy of the State. sired to confer upon the Legislature this power When you so come together, when you so of taxation. I say, then, with all due defer- assemble, then, at that time, and under those ence to gentlemen who have made so clear an circumstances you can approach that article argument on the other side, that these words of the bill of rights with a calm, clear, con"with a political view" are, in my judgment, scientious judgment, and with a heart reexceedingly significant, and ought not to be sponsive only to the interests and welfare of stricken out, vwithout stronger and better rea- your State, and not until then. sons than I have yet heard assigned for do- Mr. Chairman, this is a subject of deep ining so. terest to my constituents; it is a subject of I know it may be said that our objection vital interest to us all. Those who favor the to any change may be for some political rea- striking out this provision would strike down son, for something that we hope to gain be- our old landmarks; they would tear up from fore the people, either now or hereafter. But their very foundations all the great principles I am conscientious in my conviction upon of American constitutional liberty. This is this subject. I think that this Bill of Rights a question calculated to stir up a man in his should be left to stand as it has stood so inmost soul. And I would to God that I long. It has the approval of the best and possessed words of living fire that I might wisest men of our State; men who assem- brand these solemn facts upon the seared conbled here in times of profound peace, when sciences of those who would thus tear up the there were no jarring elements calculated very foundations of our liberty. I would to distract them; at a time when there have them know, and feel, and understand, was no roar of artillery, no shtill screech of that if they ruthlessly and recklessly throw the rifle, no cries of the wounded or moans down this temple of liberty, they will, Samof the dving to disturb the equanimity of son like, fall buried beneath its ruins. I their judgment. They did not meet here at would have them know that the people of a time when frightened women and children the State of Maryland, the overwhelming were vainly calling for assistance; when majority of the people of this State, never wives were separated by the stroke of death will tolerate any interference with the present from dear and loving husbands; when the Constitution as it stands, unless it is done sons of our soil, instead of being permitted fairly and according to the established rule to follow their peaceful avocations,were forced of all the States of this country, the rule that to drop the plow in the field and take up the the majority of the people of the State must sword. No, sir; they met here at a time govern and control the State. when the student over his table could calmly Mr. PETERn. The subject of deliberation 192 this morning, if I understand it rightly, is viding a source of revenue; and I ask genthe proposed amendment of the gentleman tlemen who propose to strike out this provifrom Allegany (Mr. Greene) to strike out sion prohibiting the levying of taxes by the article 14 of this bill of rights, as reported poll, and to leave it in the power of the by the committee, and substitute in lieu Legislature to impose a per capita tax, if they thereof the following: can tell me by what rule the Legislature are "That paupers ought not to be assessed for to be governed in imposing such a tax. Is the support of the government, but every the man and wife with six or seven children person in the State, holding property therein, to be taxed a dollar each, and the man and ought to contribute his proportion of public wife with no children to be taxed a dollar taxes for the support of government, accord- each? Would that be fair and just? Or ing to his actual worth in real or personal shall the head of a family alone be taxed, property; and fines, duties or taxes, may whether he has a half dozen children to supproperly and justly be imposed or laid on port, or no child at all? Or shall we fix persons or property for the good government it so that every man in the State, twenty-one andbenefit of the community; provided, that years of age, shall be taxed one dollar, no capitation tax shall be imposed as a quali- or five, or ten dollars, as the Legislature fication for the exercise of the right of suf- may deem proper? Shall we say that the frage.' poor man, who earns his poor pittance of Upon this proposition, and that which the but a dollar a day, shall pay a per capita tax gentleman from Somerset (Mr. Jones) has of one dollar, or five dollars a year, and the indicated his intention to offer at the proper man of substance and means, rolling in afflutime, I shall base my argument. The idea ence and wealth, shall pay the same? It is which the gentleman from Allegany (Mr. such a principle as that that I am contending Greene) seems to have in view is to eradicate against. that word "poll" from this article of the bill Whoever dreamed, until yesterday when of rights as it now stands. My object will we heard the assertion made here, that a poll be to show that whatever other amendment tax necessarily implied a tax upon the right you may make to this article, that word of suffrage? It can only be applied to it by "poll" should be sacredly preserved in it. I some special provision to that effect. Our have no objection to the Legislature of the Constitution and laws contain no such proState imposing a fair, just and equitable in- vision; nor has any such provision been procome tax, but I do object to eradicating from posed here. The proposition to strike out our bill of rights a principle which I deem this provision exempting a man from a poll to be fundamental; that is, that'all taxes tax, does not affix the penalty that if he does should be fairly apportioned among the peo- not pay that tax he shall not be allowed to ple-and I do maintain that by a poll tax no vote. It is against giving our Legislature the fair and equitable taxation can be imposed right to impose any such tax at all, that I upon the people. A poll tax is one of those am contending. I contend that we should anomalies for which no provision can be made not leave a power so great in the hands of to secure the fair distribution of the bur- our Legislature, one which they may wield to dens of taxation. And as it permits a thing the destruction of this State and the destrucimpossible to be justly and equitably done, tion of the best interests of the people of the let us leave this article as we find it, preserv- State. ing to each man the enjoyment of all his Now if I am rightly informed, we are not rights. assembled here as legislative bodies assemble. Now a poll tax being in itself per capita, We have no lobby here, crowded with indiit falls alike upon the rich and the poor. viduals pressing their private claims and enYou cannot make a distinction, and say that terprises upon us. We are assembled here as the man owning a thousand dollars worth of a deliberative body to provide measures for property shall pay a per capita tax of five thB general good of the State, not for the dollars, and the man owning a hundred dol- special benefit of the city of Baltimore, as lars worth shall pay a per capita tax of fifty upon a certain occasion in regard to a railcents or one dollar. That is an impossible road bill; not for the special good of Althing; for the very term "poll tax" indicates legany county, or Montgomery county.. a tax to be applied to every individual None of these outside influences are brought equally. to bear upon us here. I trust we are all And there is another difficulty that presents assembled here for the good of the whole itself for consideration. How are we to dis- State, to protect the interests of the people tribute this per capita tax, this tax upon the of all the State, and especially to protect head? Is it tn be laid upon the head of each the poor man from oppression and injusindividual in a family, or merely upon the tice. heads of families? I do not propose to con- Now let us see what Andrews on the Revsider this matter as affecting the right of enue Laws says on this subject of taxation. suffrage; it lhas nothing to do with the right I read from page four of that work: of suffrage. I shall view it merely as pro- "The word "taxes" comprehends all pe 193 cuniary contributions, of whatever name, and more especially in these times when we which a government may impose on the peo- must all expect to be overburdened with taxes. ple for the service of the State, and the words The man that now has a humble cot and a "duties, imposts, and excises," are synony- few acres will find it as much as he can do to mous with taxes. They have no absolutely meet the heavy taxes which will be Dut upon distinct meaning, except that the word "du- him for the articles which he consumes in ties" is generally used in the sense of the daily life, without paying a poll tax. word "customs," or a tax on the importa- I could not consent to see a taxation go tion of merchandise or other property, while forth in this State which would make any difthe word "excises" is applied to inland im- ference between the peasant in his lowly cotposts. Taxes are direct or indirect. Indi- tage and the prince in his palace. Such taxrect taxes must be uniform, and as the Consti- ation is unfair. It is unjust. It is grievous tution requires all direct taxes to be appor- and oppressive. Let us endeavor to do justice tioned, it is evident that those only can be to each man. Justice will stand though all considered direct which can be apportioned things else fail us. It is mighty, and like among the people of the different States with truth it will prevail. Let us not have it fairness."' thrown up to us hereafter as a taunt and a Note 4, from Smith's Wealth of Nations, by-word, You placed us in the hands of a legsays: islative body; you disposed of our rights and "The impossibility of taxing people in our privileges; you sold us by a capitation proportion to their revenue, by any capita- tax. Let our children, yea, let the children tion, seems to have given occasion to the in- of the poor, say to us, You, gentlemen, have vention of taxes upon consumable comm'o- done right, in preserving this article of the dities; the State not knowing how to tax bill of rights of'this State. I conceive directly and proportionably the revenue of that were I to express any other opinion on its subjects, endeavors to tax it indirectly by this subject, T should do it with feelings of taxing their expenses, which it is supposed, malice, with feelings actuated by unfair and in most cases, will be nearly in proportion to unjust principles towards the people whom I their revenue. Their expense is taxed by represent. taxing the consumable commodities upon Mr. NEGLEY. I started out yesterday in my which it is laid out." opposition to any alteration of this article, According to the principles laid down here, upon the ground that a poll tax was a voting he takes it for granted that in these present tax. I am supplied this morning, by the days of enlightenment on the subject of taxa- gentleman firom Somerset (Mr. Jones,) who tion it is a matter of impossibility that any has taken the position that it is not a voting fair taxation can be made by capitation. I tax, by an authority that makes it as plain as will not dispute the principle that a fair taxa- the sunshine at noon-day. The very men tion might be made upon income; but I con- who framed the Constitution of 1716 describe tend, and I shall insist, as long as I am able and fix their meaning of the word " poll;" to raise rny voice on this floor, upon having and they say it is a voting tax. It is in one that old landmark, that there shall be no poll sense a capitation tax, but it is a voting tax; tax in the State of Maryland. Our fore- and it is in that sense that they introduced it fathers said it was grievous and oppressive; into the original Constitution of Maryland in and let us reiterate their language to-day. 1776. Here are the words: Let us say to our constituents, and especially "That every person who shall offer to vote. to the poor, who generally have few to speak for delegates, or for the electors of the Senate, for them, that we will protect their rights, or for the sheriff, shall (if required by any three that we will defend them from a Legislature persons qualified to vote) before he be admitthat might, perhaps, be influenced by outside ted to poll, take such oath or affirmation of pressure. Let us give no such power to support and fidelity.to this State as this Conbodies that meet here and legislate in great vention or the Legislature shall direct.' haste and very often with little caution. Let [Convention of 1776, page 359.] us reserve that power by this instrument. It is used thereforthe word " vote." You Let this instrument say to the Legislature, cannot substitute for it, and make sense, the You shall not step beyond these bounds. word " head-" or any other word. Suppose I can see no difficulty in making some we undertake to substitute the word " head." amendment to this article, or to the article What sense does it make? "Shall, it rewhich the committee reported, giving the quired by any three persons qualified to vote, Legislature the power to impose a tax upon before he be admitted to head, take such oath the.income of individuals where that income or affirmation of support and fidelity to this exceeds a certain amount. But whenever State," &c. No, sir; it means "vote," and such an amendment is offered, let it have such it was inserted there to prevent tautology, an amount within itself as will first supply the word' vote " having been used immedithe wants of the family. Let the wants of ately preceding. What did our forefathers the wife and the children be first supplied, mean then when they put their seal of conbefore we impose a tax forthe government, demnation upon all poll taxes? They meant 194 that no man should be required as a condition them in-the county where he lives than in my precedent to the exercise of the elective fran- county. But I am satisfied of this, that the chise, to pay a tax for the enjoyment of that anathema of the framers of the constitution franchise. ~ of 177 6 upon the poll tax as grievous and opMr. MILLER.. Will the gentleman refer to pressive, was intended to apply to a voting the section of the Constitution from whichhe tax. That is the ground upon; which I am has just read? opposed to it.: I suggested to my friend fiom Mr. NEGLEY. I am upon. the definition- of Allegany this morning that I would adopt the word " poll;" and I don't care whether his proposition if so modified as to meet my it is in the Constitution or where it is It is views; if -for instance, he would attach to in the debates here, and it shows the meaning the end of it this provision: " provided that they attached to the word, and. that is all the no poll tax Mwhich is grievous and oppressive argument was for. -If they used it in debate shall be imposed as a qualification for the or anywhere;i it shows conclusively the: mean- exercise of the right of suffrage." If he ing which the men who framed the Constitu- would put in that provision, I would take tion attached to that word. It means a vot- the rest of the article but unless that is done ing tax, and nothing else.- It can mean noth- I am against all alteration. I believe this ing. else. It was in that sense that the term article is sufficiently clear, sufficiently lucid, was used by the framers of the Constitution. and it forever inhibits the Legislature of::Mr. PUGsH. Will the gentleman permit me Maryland from doing this very thing, impoto-ask him, when the term " poll-evil " is ap- sing a tax upon the right of suffrage. plied to a. certain disease of horses. what is:Mr. SCOTT. The amendment before us is the meaning of the word " poll " in:that case? better for the gentleman's purposes than the Mir. NEGLITY. I suppose it-means head, just one he proposes. He proposes that no poll as in the old English the word. "villain" tax shall be imposed which is grievous and meant "I servant," whereas now it means any- oppressive, leaving it to be- defined what is thing else but a servant.: grievous and. oppressive. But the amendMr. GREENE. In Massachusetts the poll-tax ment before us cuts it -off entirely, and says applies to minors of -18 years, who are as- none shall be laid. sessed by the poll. I would ask my friend if Mir. NEGLaz. No capitation tax. the payment of that conferred aright to-vote. Mr. SCOTT. Well, that is. the same thing. -Mr. PUGH. I was about to state that in We know exactly what that means. It reVirginia a poll tax is levied upon persons 16 quires no defining, whereas the words he year:of age. and upon negro slaves also. proposes would be subject to misconstruction ~ Mr. NEGLEY. If they levied it upon infants eternally. in their nurse's arms, it would not affect the Mir. PUGH. In verification of what I have meaning of the word -at all as used in this old said of the poll tax, that it is not recognized Constitution of Maryland. It was used here by the States where it has been established as a synonym for voting; and -you cannot put as meaning anything else than what it really into that sentence any' other word and make means in English, a capitation tax, I will sense of it,:while if you supply the word read from the Constitution of Virginia: vote, it shows exactly what they meant. It " ART. 3. Qualification of Voters. 1. Every is just:as plain as human reason can make it. white male citizen of the commonwealth, of Mr. JONEs, of Somerset. The gentlemanis the age of twenty-one years, who has been a perfectly right that it was used in that sense resident of the State for two years, and of. there; but they used it in an entirely different the county, city or town where he offers to sense in this clause of the bill of rights. The vote for twelve months next preceding an same word very frequently- means -very oppo- election, and no other person, shall be qualisite things. fled to vote" &c. Mr. NEiGsEY. That may be. A difference " Taxation and Finance.-Every slave who of time of course changes the meaning of has attained the age of twelve years shall be words. They used the term then as:a syno- assessed with a tax equal to and not exceeding nym for "vote," and I defy the gentleman that assessed on land of the vallne of $300." from Somerset, or any other gentleman, by "A capitation tax, equal to the tax assessed any stretch of construction, to make it mean on land of the val;ve of- $200, shall be levied anything else. And it shows conclusively on every white. male inhabitant who has. at-the idea which the framers of the Constitution tained the age of twenty-one years, and one of Maryland attached to. the word " poll " in equal moiety of the capitation talx upon white connection with this tax. - persons, shall be applied to the purposes of Mr. DUVALL. - In some places we have a education in primary and free schools,' " &c. very objectionable animal called " pole-cat." Every slave is taxed by this capitation tax; I would inquire whether the. word "pole" and of' course he cannot vote. there means " vote." i. r. DENNIS. I trust I have as much reMr. NEGLEY. I know very little about-the:gard and veneration for ancient things as my natural history of -the animal to which the from Prince George's. But my veneration gentleman refers. Perhaps there are more of and regard for ancient things extends only to 195 those of which time has established the value. ton, (Mr. Negley) looks upon it as a tax upon This is a subject which may well occupy the the elective franchise. I do not regard it in deliberations of the Convention; because the that light. I cannot see how the gentleman object of government is not alone to protect comes to that conclusion. Does antecedent life and the person, but also, to furnish secu- legislation fix upon it that particular meanrity and a safegaurd for property. There is ing, and show that the word " poll' meant no higher power of sovereignty which a State necessarily " vote?" Most unquestionably can exercise than that of taxation. It is well not. What is a challenge of: the poll, which therefore, that that power should be wisely in every jury trial the party accused has the guarded. It seems to me that the discussion right to call for? It has nothing to do with this morning has not gone exactly to the voting. It is a challenge of the poll of the merits of the case, and has not presented it head. So this is a tax upon the poll, upon to the Convention in the proper view. It the head, upon the individual. seems to me that the discussion this morning In a time like this, when mothers and has been more as to the expediency of laying fathers are called upon to give their firstthe tax, than of granting to the Legislature born, their last born, and their all, by the the right or power to lay the tax. The ques- force of the law, can the gentleman tell me tion is not now whether we shall lay a poll that it may not become necessary that a pol tax; but whether or not the Convention of tax should by the Legislature be wisely im the State of Maryland shall tie up the hands posed. It seems to me that it would be of the Legislature hereafter to assemble, and proper to leave this whole question to the prohibit that Legislature from laying the tax. wisdom of the Legislaturc. Leave it to-day, The people must be supported; our na- so that hereafter when the circumstances tures are so constituted, that we must have of the times may require the Legislature to food'and the means of life. So communities act, they may be able to impose such a tax. must be supported; they must have the It cannot possibly apply to the elective franmeans of carrying on their operations, wihich chise, because the Constitution now exiL ting. are to result in the individual benefit. The and the Constitution w7e shall propose, will great means of their support is by taxation. define the rights of voters and prescribe their Individuals in communities must be taxed qualifications. MIen having thequalifications for the individual good. The question is, how prescribed in the Constitution for voters will can this individual goqd be best arrived at? have the right of suffrage, whether a poll tax This c!ause in the bill of rights is of revo- be imposed or not, unless the pa:yment of lutionary date. It comes down to us from such a tax be a qualification imposed in the the time when our State was just marching organic law. through the blood and thunder of the revo- Mr. MARBURY. I would like to ask the lution, and felt the oppression of the taxation gentleman, whether, when the bill of rights to which they had been subjected by the says the poll tax is " grievous and oppresmother government. Smarting under those sive, and ought to be abolished," that does wrongs, they inserted this provision, and it not show that up to that date, the experience has been continued from that day to this. of the world and the history of the State had You will see at once from the phraseology of not shown conclusively to the minds of the it, that this view is correct. " That thelevy- framers of that bill of rights that a poll tax is ing of taxes by the poll, is grievous and op- grievous and oppressive in its nature. Were pressive, and ought to be abolished." Abol- they not speaking of a general principle, that ished! How can you abolish a thing that a poll tax in its very nature is oppressive and does not exist? Why ought it to be abol- grievous, and wherever it existed ought to ished? Because then, when this clause was be abolished? If uwe now leave it in the first framed, it did exist. It ought to be power of the Legislature to adopt the poll abolished; and it was abolished; and now tax system, that would be putting too much it has not existed for three-quarters of a cen- power in the hands of the Legislature, and it tury. So far as that particular expression, might be exercised for the ruin of some and therefore, is concerned, there is an obvious the advantage of others. impropriety in retaining it. Let me give the gentleman an illustration. But the question comes up. Is the thing Suppose you take all of one species of propright in itself, or will it ever be right in itself'? erty from a man. Suppose you take all of Can this Convention undertake to say that it his labor away from him. You leave him all never will be right to give to the Legislature of his lands to work, but he cannot get labor to Maryland the power to impose a poll tax. work his lands. You put a tax upon hifm Can this Convention, in the plentitude of its individually. That tax must be of a specific wisdom, say that the time will never arrive, character; and it may be a thousand dollars. under any circumstances, under any emer- He may have in point of fact a thousand dolgency, in any conjuncture of affairs, when it lars' worth of land: but it may be worth will be wise and expedient for the Legislature nothing to him at that moment. He must of Maryland to impose a poll tax? raise the tax; and it is equivalent to the My fiiend, the gentleman from Washing- confiscation of that land 196 -Mr. DENNIS. As to it being grievous and I was saying that the fact stated in our bill oppressive, all taxes are grievous and op- of rights of 1776, by those who framed our pressive. I never saw a man in my life who Constitution of that day, that the levying of did not consider it a hardship to be taxed. taxes by the poll is grievous and oppressive, But it is one of those grievances we must all is not historically true, excepting so far as submit to. The question is, whether every their judgment in reference to the people of one should not contribute according to his the State of Maryland is concerned; because means. If he has not means in one form, it is an undoubted fact in history, that in and has means in another form, I hold that most of the colonies that were engaged in the he should contribute for the support of the Revolution. and in many of the States down government from the means that he has. to the present day, they levy capitation'taxes Mr. MILLER. The course of this debate upon the people. They do not consider it has at least shown one gratifying result; that grievous and oppressive. As a general fact, there may be matters about which we differ therefore, applicable to the people of all the by other than political lines; for those who States, as a universal proposition to be laid advocate and those who oppose the amend- down, it is not true, and this Declaration of ment, seem to belong to each political party Rights does not prove it to be true, that capof' this body. itation taxes are grievous and oppressive. The gentleman from Somerset who has last One word further. The reason why I vote spoken,, (Mr. Dennis) has very properly for this amendment, or for giving the Legisstated, that the question before the Conven- lature the power to levy a poll tax hereafter, tion now, is not whether a poll tax shall be at any time when the necessities of the State laid, but whether we shall for all time to and the country are such that we shall be come prohibit the Legislature, who will be compelled to resort to that system of taxation, elected by the same constituency that have is this: We may shut our eyes to it as much sent us here, from ever imposing such a tax. as we please, but the days of heavy taxation That is the true question before this Conven- upon the people of this State and of this tion The members of the Convention who country, are inevitably coming. I hope it framed the original bill of rights in 1776, de- may not be so, but I fear the time will come dared as a general proposition, that the levy- when we shall be taxed almost to the extent ing of a poll tax was grievous and oppres- of taxation in England; where, as Sidney sive. The gentleman from Prince George's Smith says, everything was taxed, from the (Mr. Marbury) asked if that did not demon- ribbon that decked the bride to the brass nails strate that the history of the world down to that were driven into the coffin of the dead. I that time had always shown that the levying am forgiving the Legislature, who shall come of a poll tax was grievous and oppressive. after us, the power, if necessity requires it, to Not so. That is not a proper reading of the levy such a tax as this. I believe that it will history of our country; for most of the colo- be, when levied, a just tax, and will reach a nies or States who achieved our revolution, class of citizens who are abundantly able to gave their Legislatures at that very time pay taxes and who pay nothing now. I the power to impose just such a tax, thus de- willingly leave the mode of levying the tax claring that in their judgment it was not altogether to the discretion of the Legislature. grievous and oppressive. What I say now is, do not'restrict, do not Mr. MARBURY. The gentleman has misun- prevent the Legislature fiom exercising that derstood me. I did not say that it was the power if they see fit. It is, therefore, for the opinion of men generally that the proposed purpose of enlarging the basis of taxation, tax was grievous and oppressive, but that the means of raising a revenue, for the purthe experience of those who framed our bill pose of paying a given burthen of taxes that of rights had convinced them that it was must be paid, that I am in favor of the grievous and oppressive, and ought to be amendment. abolished. I should like to ask another ques- I know the operation of the tax laws, as tion. The gentleman says that he does not they have operated in this State hitherto; intend practically to apply this principle now. and I know that a large part of the property of I think he said in the argument the other day, the State does not go on our assessors' books, that he thought we ought to have everything or contributes to the payment of taxes. It is which was required by the necessities of the almost impossible for assessors to find out country. Would the gentleman representing and obtain the actual value of a man's propthis county in the Legislature, move, with erty, real or personal. He has it invested in that view, to exercise the power to levy a poll such way and in such manner as either, under tax upon his constituents? the existing laws, to be exempt from taxation, Mr. MILLER. If necessity required it, I or it is secreted and unknown to the assessor. most certainly would. If necessity required But when a poor man has a house and a lot, the levying of a poll tax upon the people of and a cow, and a horse, the assessors can go Anne Arundel county, I know there is patri- and see them, and they will always put them otism enough in my constituents to come up down on their assessment book, and he is manfully and pay the tax. compelled to pay taxes on that property; 197 while the man who is receiving, as has been So the amendment to the amendment was said here in the debate, a salary of one, two, adopted. or three thousand dollars a year, goes scot Mr. ABBOTT, when his name was called, free, and pays no tax whatever. The objection said: I do not very much object to this form to the capitation tax, that it is to affect the for the section, but I prefer the form as repoor man more than the rich, is untenable. ported by the committee, with the exception The rich man has to pay the capitation tax of one word, which, at the proper time, I as well as the poor man, and besides that he will ask to be altered,and I therefore vote-no. has to pay a tax upon his property. If a Mr. BJLLINGSLEY, when his name was called, man has not property enough to pay the cap- said: I have not the vanity to suppose for a itation tax which shall be laid upon him, moment that anything I say. upon this subthen let the Legislature make provision that ject or any other, will change the opinion of the tax shall not be collected from such men. this body, and I shall not obtrude my opinions But if they have means which are not on the or sentiments here, except in explanation of assessment books, and which are not taxed my vote, and to indicate a principle upon as property, out of which the tax can be paid, which l think the honor and integrity of my then let the Legislature give to the collector State are concerned. I have great veneraof taxes the power to make them pay it. tion for antiquity, and great respect for the Let them provide for attachment upon the beacon lights established by the patriotism of salary, or upon the money in the pocket of our fathers. I amn disposed to vote against such men, if they have it, for the payment of this amendment because I am p rfectly salisthis tax. It is that we may not restrict the flied with the bi;l as it now stanrs. It has power of the Legislature to levy taxes, that I worked well, heretofore, arld I believe will am in favor of this amendment, and in favor work well for all time to come. I think it is of leaving out from the bill of rights the better at this period of our history, to bear prohibition upon the Legislature forever here- the ills we have, if those ills are not too onerafter, from levying such'a tax as this. ous, than fly to others we know not of. I Mr.. JONES, of Somerset. I alluded, this vote-no. morning to the vagueness of this article. I Mr. KENNARD. when his name was called, find that there has been litigation about the said: While the amendment meets the diffiright of taxation. There was a case in the culty in my mind in reference to the elective city of Baltimore, of taxing a billiard table, franchise, yet, as I am opposed to the capikept for amusement principally; and the tationl tax entirely, I vote-no. Court held that it was in the power of' the Mr. RIDaELEYn when his name was called, State to tax the amusements of the people, said: I shall vote against this proposition for " either for the purpose of revenue or as a the reason that in my judgment it conelrs no police regulation," and referred to the 13th larg-r power upon the Legislature than the article of the bill of rights for the power of the article as reported by the committee. The Legislature to impose such taxes. The Conven- Court of Appeals have decided upon this very tion ought not, therefbre, to leave this section 13th article of the bill of rights, that the until itis made so clear that litigation will not Legislature possess the power to tax the pergrow out of the tax laws passed by the State. son as well as the property of citizens for purMr. THOMAs demanded the yeas and na-s;,Ioses of revenlue; and under that adjuidicaand they were ordered. tion of the existing article I can see no proThe question being taken, the result was- priety whatever in the amendment I thereyeas, 45; nays, 38- as follows: tore vote-no. Yeas —Messrs. Goldsborough, President; Mr. SCHLEY. Yesterday I favored the arAnnan, Belt, Bond, Carter, Cushing, Dail, tide as reported from the committee, under Daniel, Davis of WashiL:gton, Dellinger, Den- the impression and belief' that the operation nis, Earle, Farrow, Greene, Hebb, Henkle, of t:xes by the poll, wherever such taxes exHodson, Hopkins, Hopper, Horsey, Johnson, ist, was either directly or indirectly a tax Jones ot Cecil, Jonesof Somerset, King, Lans- upon the elective franchise. I had no obdale, Larsh, Lee, Mace, Mliler Mullikin, Mur- jection to a capitation tax, or tax ot any perray, Nioble, Nyman, Parker, Pugh, Robinette, sonal character whatever that did not inS!:hley, bco:t, Smith of Dorchester, Snreary, volve the elective fianchise. Believing that Sykes, Thruston,'l odd, Wickard, Willer-45. the amendment now before us distinctly einnNays —iMessrs. Abbott, Audtoun, Baker, Bar- ciates my views, perhaps more distinctly than ron, Berry of Prince George's, Billingsley, the article as reported, I vote-aye. Blackiston, Briscoe, Brown, Crawford, Cun- The result of the vote having been anninghadm, Davis of Charles, Duvall, Ecker, nounced, -Edelin, Galloway, Harwood, Hatch, Keeftr, Mr. MILLER submitted the following amendKenn:ird, Marbury, Markey, McComas, Mitch- ment to the amendment as amended. ell, Morgan, Negiey, Parran, Peter, l'urnell, After the word "' sutfrge," in the last line, tidgely, Russel,, Schlosser, Smith of Carroll, insert: " But it being the duty of every qualiSmith of Worcester, Stirling, Stockbride, hed voter to exercise the right of suffrage, Thomas, Wooden-38. the Legislature ought to pr ovide, by law, fines 198 and penalties for the refusal or neglect to vote vote, and knew that he owed it as a duty not without reasonable excuse." only to;he law, but his neighbor and the Mr MILLER said(: I:was aware that that community at large, we should: have better -motion would create a smile on the counte- laws, better legislators, and republican institunances of many in this House; but I have tionswouldbecarriedoutmorein-their purity. offered it in good faith, and I think for a good I am serious in desiring that this provision purpose. The amendment, as it stands adopted may be adopted, that the people of the. State by: the House, provides that no capitation who are qualified to vote shall pay. a penalty taxshall be inilosed as a qualification for the, if they refuse to exercise. that right, and sufexercise of the right of suffrage. I hold that fer republican institutions to fail bor want of the right of suffrage is an inestilmable, an in- effort upon their part to keep: them up and valuableright; and I wish that every citizen, maintain them in their purity and integrity. every qualified voter in the. St.ate, may be in I hope that this amendment. may be adopted, some way compelled to exercise that right. and that the Legislature will provide: such It is not a new -thing by any means, in the:penalties for the refusal or neglect to vote legislation of Maryland, that such a provision without reasonable excuse as in their judgas this should be adopted. T'he act of 1716, ment they may see fit to impose, to apply to inmits 6th section, povided-: such elections as they may choose to desig" That all freeholders,: freemen, and other nate. That is all that my amendment propersons qualified to give votes in the election poses. It is not a new thing. I have shown of delegates, shall and are hereby obliged to the precedent from colonial times, in the acbe and appear at the timeand:place appointed tion of' our ancestors in 1716, when every for elections, to be hereafter had or made of freeholder, every person entitled to vote, was *any delegates, burgesses and citizens, to serve compelled to vote -or subject himself to this'in any assembly for this province, under the penalty. I see no reason why that principle penalty of one hundred pounds of tobacco is not applicable now;. but, on the contrary, for every person so qualified as aforesaid ne- it seems to me that much stronger rcasons glecting to appear;" &c. can be urged for the adoption of:such a proI desire that there should be some guard vision now than existed at that time. thrown: around the exercise of the elective Mr. MIaLER demanded the yeas and nays; franchise, and I know of no better one than and they were ordered. the compelling, by a small fine or penalty, it' The question being taken; the result wasthe Legislature choose to impose it, every yeas 9, nays 71-as follows: qualified voter in the State to exercise the Yeas —llessrs. Belt, Blackiston, Bond, Henright when the polls' are open. OLne of the kle, Johnson, Lansdale, Lee, Miller, Parmembers from Baltimore city, (Mr. Barron,) ker-9. said the other day that the polls and the Nays-Messrs. Goldsborough, President; death bed were the only -two places where Abbott, Annan, Audoun, Baker, Barron, the rich man and the poor man were upon an Berry of Prince George's, Billingsley, Brisequality. I think they may be upon an coe, Brown, Carter, Crawtford, Cunningham, equality in other positions; but they cer- Cushing, Dail, Daniel, Davis of Charles, Datainly ought to be at the polls, where every. vis of Wtashington, Dellinger, Dennis, Duvall, -qualified voter is upon an equality with every Earle, Ecker, Edelen, Farrow, Galloway, other; and I desire that the people of the Greene, Harwood, Hebb, Hopkins, I-Hopper, -State shall be compelled at the elections to Horsey, Jones of Cecil, Jones of' Someiset, exercise the right of suffrage. Let us go back Keefer, Kennard, King, Larsh, Mace, Marand do as was done in 1716, compel the peo- bury, Markey, McComas, Mitchell, Morgan, pie, under a penalty, to come up and exercise Mullikin, Murray, Negley, Noble, NymLan, the right of suffrage. It would be, I think, Parran, Peter, Pugh, Purnell, Ridgely, obithe surest guaranty of the full and fair exer- nette, Russell, Schley, Schlosser, Scott, Smith cise of that right.. of Carroll, Smith of' Dorchester, Smith of I would also, in the discretion of the Legis- Worcester, Sneary, Stirling, Stockbridge, lature, if fines and penalties were imposed, Thomas, Thruston, Todd, Wickard, Wilraise a fund out of. it from which the public mer-7i1. schools may be supported. If a man has the So the amendment was rejected. right to vote, and negligently and without Mr. DAVIS, of Charles, when his name was reasonable excuse stays away from the polls, called, said: As this is a bill of' rights, and and does not exercise his right of suffrage, not of obligations, I shlall be compelled to let him pay what the Legislature imposes vote-no. for such neglect, into that fund. If we are Mr;. JoaEs, of Somerset, when his name was -to keep up a republican fbrm of goveinment called, said: I am under the impression that it can only be done by the people exercising the Legislature would have such a power, if their right of' suffrage. If they will not- do: they deemed it expedient to exercise it, to it, the political power will go into the hands -regulalte such a matler by.ltw, Hand therefore of' denmagogues even more than it is now, 1 do not see the necessity of incorporating it whereas, it every person was -compelled to in the bill of rights. o I vote-no. 199 The vote having been announced, the Legislature with a power not heretofore Mr. RIDGELY moved to amend the amend- conferred upon them, but to detract fiorn the ment as amended, by adding at the close, the power with which, under judicial decision, following: "Nor for any other purpose than the Legislature is invested. The weight of the promotion of public education." authority, therefore, will rest against his Mr. RtDGELY said: I do not propose to en- proposition, instead of in favor of it. Those ter into any discussion of that amendment. who propose to let the law stand as it now is, The condition of my health, if nothing else, with all the results of experience, cannot, of would prevent. I beg, however, to state that course, consistently with the view that gena capitation tax per se, notwithstanding the tleman takes, support his proposition. various definitions that have been given to There is one other matter to which I would the word "poll," is well lnderstood by like to make a brief reference. The gentleevery body. It is a tax on the head, or the man, and in fact all who have occupied that person, irrespective of all other circum- side of this question, argue against granting stances. It confines itself to- the man. It the Legislature power to impose a capitation must therefore necessarily be a uniform tax- tax, because they say it will be dangerous ation. There can be no graduating scale by and oppressive in its exercise. Some argue which it can be made to address itself to the that it would be oppressive to one class of circumstances of the party. I have not been the population, and others that it would be able to hear anything this morning responsive oppressive to somebody else; but the gist of to the argument which has been made on this their argument-was that they did not want to side of the House, that such a tax would ne- grant the power lest it should be abused. If cessarily be unequal and unjust. I believe, this theory is to control us in our action here, therefore, that if the majority of this House we would better not create any Legislature are determined ihat the Legislature shall have at all; because the wrong that can be done the power to pass a law which will have such to any class of people by impolitic legislation an effect, it ought to be restricted, and not under the power to impose a capitation tax, general; and that the only excuse or defense will be as nothing, can be as nothing, compared on which the exercise of such a power should with the infinite wrong that may be done by be granted, is ihatthe end justifies the means; any Legislature by an unwise exercise of the and I know of no end, no interest of Govern- powers which we all agree are conceded to it. ment which would be better subserved, than Take the ordinary power of taxation. Here by aiding the cause of universal or general you wish to deny to the Legislature the power education. WMe may disguise it as we please, to impose a capitation tax: upon the theory when we go before the people with this Con- that they maiy not impose a sensible tax in stitution, we shall be met with the execration that direction, one that will not be oppressive. that we have created a general power in the -Yet you concede to the Legisl ture the most Legislature to impose a head tax. irresponsible power of general taxation. I concede that the power indirectly exists; What if the Legislature should pass a tax and I make that concession upon the theory law taking nine-tenths of a man's property of this decision of Chief Justice Le Grand, on for taxes, or that one-half of every man's the Court of Appeals, on the review of this revenue should be paid i i' for taxes. That very 13th article in the bill of rights, that is possible as a law. That would be Constithe power exists in the State, either for rev- tutional. That would be within the proper enue or lor public purposes, to impose a tax limits of their power. No doubt it would be on the persoii. But it does not address itsell; an abuse of power. It by no means follows although it sublstantially exists there, to the that it' you give the Legislature the power to Legisliture, in this grave form which the impose a capitation tax they will necessarily Convention will give to it by the open and tuse that to oppress the people, any more than direct akoual of the purpose to confer on the that they will abuse the general power of taxLegislature the power to tax men irrespective ation by passing laws that will be oppressive. of their circumstances, simply upon the the- Mr. IILIEnR. I do not think the gentleman ory that they are men. To take away, there- from Ballimiore county (Mr. Ridgely) has fore, from the offensiveness of the proposition, correctly stated the decision of the Court of as much as in my judgment we can take fiom Appeals. I do not think that they decided it, I propose to limit the power of the Legis- that it was competent, under the 13th article lature by confining it exclusively to the puct- of the bill of rights for the Legislature to tax poses of common education. the person. The amusements of the people, Mr. BELT. Before the vote is taken I will they say, may be taxed fobr purposes of revtake the liberty of making one or two brief eune or as a police regulation. The question observations. The gentleman takes the before the Court was whether a gentleman or ground that it is already the law of this a private club, keeping a billiard table, should State under the present Declaration of Rights, pay a license; and they said it was competent that the Legislature may impose a capitation for the Legislature to impose a tax. for a tax. The proposition he now offers, therefore license. I do not think that covers the case is, not to change the organic law by investing of a capitation tax. 200 Mr. STIRLING. I do not rise for the purpose of a capitation tax for the promotion of pubof discussing this, excepting to say that I lic education, and if we vote " no " it will shall vote for it because it is a limitation upon be in favor of giving the Legislature the power what has been already done. I should very to lay a capitation for any purpose. A vote much iegret to see the section go into the either way will impliedly be in favor of capConstitution with this amendment in it. My itation. impression is that the Convention has gone Mr. THOMAS demanded the yeas and nays, so far in their action that they have not only and they were ordered. repealed the section of the existing bill of The question being taken, the result wasrights which prohibits a poll tax, but by the yeas 31, nays 52-as follows: strangest kind of indirection have decided Yeas-Messrs. Baker, Cunningham, Cushthat the Legislature ought to levy a poll tax. ing, Davis of W7ashington, Farrow, Galloway, We are going to send this Constitution before Greene, Hebb, Hopper, Jones of Cecil, Keefer, the people of Maryland with a novelty in it King, Larsh, Mace, McComas, Mitchell, Mulof the most important character, to which likin, Murray, Noble, Nyman, Parker, Parran, they have never been accustomed, which they Pugh, Ridgely, Robinette, Schley, Schlosser, have declared, ever since 1776, was grievous Scott, Stirling, Thruston, Todd-31. and oppressive; and not only that, but with Nays-Messrs. Goldsborough, President; an express declaration of this body, almost Abbott, Annan, Audoun, Barron, Belt, Berry in terms that it ought to be done, because it of Prince George's, Billingsley, Blackiston, will declare that a capitation tax shall only Bond, Briscoe, Brown, Carter, Crawford, be levied for certain purposes. Dail, Daniel, Davis of Charles, Dellinger, My judgment is that the proposition of my Dennis, Duvall, Earle, Ecker, Edelen, Harfriend from Allegany (Mr. Greene,) which wood, Hatch, Henkle, Hodson, Hopkins, Hoerwould seem to have been offered for the pur- sey, Johnson, Jones of Somerset, Kennard, pose of reconciling the difficulties about the Lansdale, Lee, Marbury, Markey, Miller, right of suffrage, makes the article,' as a Morgan, Negley, Peter, Purnell, Russell, whole, more objectionable. If you had merely Smith of Carroll, Smith of Dorchester, Smith omitted the phraseology that the poll tax is of Worcester. Sneary, Stockbridge, Sykes) grievous and oppressive, you would have pro- Thomas, Wickard, Wilmer, Wooden-52. _nounced no definite judgment upon the sub- So the amendment offered by Mr. Ridgely ject, and you would have had no capitation tax was rejected. mentioned in the Constitution. But to guard Mr. ABBOTT, when his name was called, against a difficulty which never had an exis-. said: While I am as much in favor of public tence, excepting in anticipation, and which schools in every district as any member of I confess struck me with profound surprise, this body, and will favor any tax that may to prohibit in the Constitution any infringe- may be required to support them. I cannot.ment of the right of suffrage by a capitation vote for this amendment. I must vote-no. tax, when no capitation tax could have had Mr. GALLOWAY, when his name was called, any effect upon the right of suffrage, oun said:. I am opposed to a capitation tax in have broadly planted in your t(onstitution any form whatever; but as this amendment the words capitation tax; and you make this is merely a restriction upon the Legislature, I Constitution depend upon the will and the vote-aye. judgment of' the people of Maryland upon a Mr. NEGLEY, when his name was called, capitation tax.'You risk this Constitution said: 1 am opposed throughout to granting upon this novelty, upon this thing that is not the power to the Legislature in the bill of necessary even if it is not grievous. rights to impose a poll tax. I shall vote I propose when this proposition is acted against the amendment, and then against the upon, to move a substitute for the section as article as amended. I vote-no. it now stands. I have altered it from the Mr. PARRAN, when his name was called, original proposition sufficiently to make it in said: When our ancestors said that all poll order, leaving out the phraseology in regard taxes were grievous and oppressive, I believe to the poll tax, which the Convention have they were right. I believe that all capitation already decided upon, so that I have no power taxes are so nany taxes levied upon a man's now to offer an amendment to reinstate those poverty. But believing that the amendment words, and striking out the words "on per- proposed by the gentleman from Baltimore sons or property," leaving therestunchanged. county (Mr. Ridgely) is a restriction upon This will leave the Legislature unfettered. the right of the Legislature to levy this tax, Let us leave them unfettered, if we will; but I will vote-aye. don't leave them unfettered, and at the same Mr. PETER, when his name was called, time express the opinion that they ought to said: Believing that my vote will be in favor do the thing, which is what the amendment of a capitation tax either way, and being vioalready adopted has done. lently opposed to a capitation tax in any Mr. DAVIS, of Charles. I hope the gentle- form, I ask to be excused from voting man will withdraw that amendment, because Not being excused, Mr. Peter voted-no. if we vote "aye" it will be a vote in favor Mr. PUGH, when his name was called, said: 201 I do not believe that the representatives of That is the very thing that. we have been disany pi ople, passing laws to tax that people ctssing th-s whole day. It yon strike it all fbr educational purposes, will so tax them as out and leaxe it tlank, the L(gislatiure will to oppress them, antid or that reason I vote- have absolute power; but by reiaiuing the aye. article in the biill of rio his, 0ou restrict the Mr. SriRLING, when his name was called, liowers of the Legislature. As the bill of said: As I said before, I will vote for this righllts, from the very beginning of our govanmendmeut because it is a restriction. I vote ernrrent down to the present time, has con-a5 e. tamned the s ubject of taxation, and regulations Mr. THoamAs. As I said yesterday, I am tipon that subject for the a(tion ol' the Legisopposed to all kinds of capitation taxes. I laaure. [ propose this ias a substitute for the should like very mnuch to vote for the p)ropo- restriction hblich now exists in the bill of sition of thle gentleman from Baltimore county rights, upon the Legislature. It is therefore (Mr. Ridgely) but I know there are a great witlh a grant and a restriction. many poor peolple who want to send their Tlhe amendment of Mlr. JONES was rejected. children to school, and wh'o are not able to Mr. STIRLINGt subnmitted the -following pay a capitation tax to send them, and I amtendmerit to the ameiduent: thiik the nien tha't own the property ought Strike out all after the word "L that'' in the to pay the tax to send them. Therefore I first line, and insert the iiords, "paupers vote-no. ought rinot to be assessed for Ihe, support of The question recurred upon the amend- the government, but every other person in ment of Mr. SCOTT as amended by the adop- the State, or person holding ploplerty therelion of Mr. GlaEMN's amendment: in, ought to contribute his proportion of Mr. JONES. O: Somerset, submitted the fol- public taxes for the support of government, lowing anlendment to the amenidment. according to his actual worth in real or perStrike (rut tl;e amendment and insert: sonal pioplerty; yet fines, duties or taxe may "Aiticle 14. The General Assembly shall properly and justly be impostd or laid for have power to lay and collect taxes for the Ihe good government and Leuneit of the comdefence of the State, and the support of thie mtunit.:' govet inm(cnt ihereof,,and for purposes of edu- Mr. STIRLING. I propose that, because, of cation; also to lay any imposts or duties on couirse, I am bound to leare out the prohibi-'imporls cr exporls nhich niay be absolutely tion of the poll tax. It leaves lhe question neces ar, for the execution of the Staite In- open. It does not mention a capitation tax, spection laws; ard also such fines, duties or oUe,way or the other. taxes as they rmay deem expedient and proper Lgr. PETER moved to adjourn. for the gool government aud benefit of the The niotion wts rejected. comniunity." Mr. HEnB. I raise the point of order that Mr. STIRIING. I would merely state that according to parliamentary practice, after a the suls;tance of that amendment I have no clause is stricken out and another one substiobjection to; but it is a grant of' legislative tutted, that cannot be am)ende]d. power'ontlained in the Declaration of Rights, Mr. STIRLING. That is not the proposition. and it is not in its proper place. It is a defi- It is an amendment to an aneendment. The nition of the Legislature; and the Legisla- amendment is still liable to amendment. ture has all the taxing power that we do not'The PRESIDENT. There is no limitation or restrict. There is no use in giving it to restriction upon amending an aimendment. them; they hlave it without. The mere crea- The question being stati d upon Alr. STIRLtion of a legislative bodly, gives them a taxirlg ING'S amendmnent, Mr. SCHLOssER demanded power, so fitr as the Constitution does not tl:e yeas and nays, and they w ete ordered. take it away. Any attempt to drfine it, is The question b.eing taken, the result wasmore lkely to be conlstrued into a restriction, yens 44; nays 33-as follows: than it we leave it without any provision Yeas —lessrs. Goldstl:oouoh, President; whtrtever..Abbott,.Annan, Baker, Belt, Berry of Prince Mr. JONes, of Somerset. There is no power Georne's, Billingsley, Brown, Cartel, Crawin the L.gislbture to levy taxes, except that ford, Cuxnnitgham, Cushling, Dail, Davis of confert ed by this very article of the Consti- (Charles; Davis of Washington, Dellinger, tution. Ecker, Edelen, Farrow, Gallbway, Hopper, l Mr. STIrING. The Court of Appeals of Jones of Somerset, Keefer, Kennard, Mace, this State lais decid(-d that the Legi lature Markey, McComas, Mitchell, Mlillcr, Morgan, by virtue of its beinti a Legislature, possesses Mullikin, Murray, Noble, Nyman, I'arker, all power, legislative in its character, not Peter, Purnell, Robinette, Russell, Schlosser, positively prohibited by the Constitution. Scott, Smith of Worces:er, Sneary, Stirling Mr. JONES, of Somerset. That is true; and -.44. yet the bill of rights tbeing a part of the Cotl- Nays-Messrs. Audoun, Barron, Bond, stitution, aid the bill of rights prescribing Biis.cie, Daniel, Dennis, Enile, G (('n, Harthe sulljects of taxation have limited the Leg- wood, Hatch, Hebb, Hopkins, Hors,,y, Johnislature to the extent of that prohibition. son, Jones of Cecil, King, Landtdale, Lee, 14 202 Marbury, Negley, Pugh, Ridgely, Schley, printed and furnished to members, as adopted Smith of Carroll, Smith of Dorchester, Stock- upon the second reading. There has been no bridge, Sykes, Thomas, Thruston, Todd, change since. Wickard, \ilmer, Wooden-33. Mr. MILLER. The object is to have them:So Ir. STIRLING's amendment was adopted. printed in pamphlet form, so as to be more Mr. MARBURY, when his name was called, convenient to refer to, and less liable to be asked to be excused fromn voting. Not being lost or mrislaid. exclsed, he voted-no. Mr. VALLIANT. I would not press the postOn molion of Mr. BARRON, ponemenlt until to-lnorrow. If the gentleman The Convention adjourned. from Baltimore city (Mr. Cushing) is prepared to snake his motion to amend the rules, and have that question decided to-day, we can TWENTY-FIRST DAY. then take up this order and pass it. FRIDAY, May 27, 1864. Mr. BERRY, of Prince George's. I really'eCvni,meat I A.M. think it is time we had some settled rules The Convention met at ]1 A. M. adopted in this body. Some gentlemen seem Prayer by the Rev. Mr. Davenport. to think it is their peculiar duty every mornPresent at the call of the roll the following ing to give notice that they intend to move to members:. change the rules the next day. I am willing Messrs. Goldsborough, President; Abbott, that any change should be effected in the rule.s Annan, Audoun, Baker, Barron, Belt, Berry of the body, which may produce harmony, or of Baltimore county, Berry of Prince George's, tend to promote the successful -transaction of' Billingsley, Blackiston, Bond, Brooks, Brown, our business here. But I am not willing to Carter, Clarke, Crawford, Cunningham, Cush- have them changed every day, or to have the ing, Daniel, Davis of Charles, Davis of very same change proposedwlfich has been fully Washington, Dellinger, Duvall, Earle, Ecker, discussed and voted down day after dav. I Edelen, Farrow, Galloway, Greene, Harwood, hope this question will be finally disposed of, Hebb, Henkle, Hodson, Hoffinan, Hopkins, and that we may have the rules for the goyHopper, Horsey, Johnson, Jones of Cecil, ernment of the House printed and placed beJones of Somerset, Keefer, King, Lansdale, fore us at once. It is the only means of Larsh, Lee, Marbury, Markey, McComas, proceeding with the business before us with Mitchell, Miller, Morgan, Mullikin. Murray, satisfaction to ourselves or to the public at Negley, Noble, Nyman, Parker, Parran, Pe- large. ter, Pugh, Purnell, Robinette, Russell, Sands, Mr. HENKLE. I donot thinkitisnecessary Schley, Scott, Smith of Carroll, Smith of' to postpone this further. The motion of the Dorchester, Sneary, Stirling, Sykes, Tliomas, gentleman from Baltimore city (Mr. Cushing) Thruston, Todd, Valliant, Wickard, Wilmer, can be acted upon and disposed of to-day, Wooden-81. before the matter goes into the printer's hands. The proceedings of yesterday were read The motion to postpone was rejected-ayes and approved. 33, noes 34. MR. SANDS. I wish to ask a question for The order was adopted-ayes 44; noes not information. I was not present during the counted. debate, anrid I wish to ask the gentleman firom AMENDMENT OF THE RULES. Baltimore city (Mr. Stirling) whether his Mr. CUSHING, in accordance with previous amendment is intended to preclude the Legis- notice, submitted the fbllowing amendmlent lature firom passing a mere poll tax? If it is to the report of the Committee oon Rules: thus meant, I save an order to offer. Amend Rule 42 by striking out the words Mr. DANIEL. IS that in order? "on the final passage of a report, or a motion The PRESIDENT. Not without unanimous to suspend the rules or," so that the rule shall consent. read: Mr. STIRLING. I object. The gentleman Rule 42. All questions, except those herein calls upon me for an answer. provided for, shall be determined by a majoriPRINTING OF THE RULES.- ty of the members present; those dividing in The Convention proceeded to to the con- the affirmative rising in their places, those in sideration of the following order, submitted the negative continuing in their seats, and so, by Mr. Valliant, on Wednesday last. vice versa, until a decision by the President. Ordered, That 130 copies of the Rules and Mr. CUSHING. I want to make a few re:Orders for the government of the Convention marks in reference to suggestions which have be printed in pamphlet form for the use of the been made to the House. In speaking of this members. rule, it has been called in the debate, not at Mrl. VALLIANT. 1 move that the further all appropriately, the rule of the 26. But consideration of this order be postponed until the gentleman from Prince George's fiurgot, to-morrow for reasons that are obvious. on the supposition he made yesterdlay, to deMr. MILLER. I am opposed to the further signate its opponents as the 24. Or, taking postponement of the order. 50 as the naumber present at any meeting of Mr. HEBB. The Rules have already been the Convention, only 2, who want to suspend 203 the whole operations of the Convention can 50, 26 should decide; but the same discerning do so, although a proposition may receive the mind that has taken in and comprehended the votes of 48 out of the 50 members present. absurdity of that proposition has not apparIt rests in the power of two men therefore to ently comprehended the absurdity of requiring prevent the passage of an article, if' the attend- that upon an average attendance of this Ihouse ance is not over 50. 24 members, or upon an attendance of 50, With the average attendance we have had two members can stop the legislation of the here since the Convention met, it will be im- body. Now if there is anything in the argupossible to pass any section to any article that ment that 24 members of this Convention may be presented here, if the majority of the have more reason to control its legislation than House disagree among themselves in their 26 members, going upon the principle that views upon it. The only things that will be the lower the number the calmer the deliberapassed, will be those things.upon which mem. tion, and that two is the fitting number to bers are divided strictly by a party vote. The prevent any legislation at all, if that is the last Constitution was formed by a majority idea. of members, or if they do not want to not of the members elected to the Conven- do the work before the Convention, then by tion, but of the members present. Most of all means let us set them the example of the the provisions were passed in that Convendion majority of this House tying its owln hands, by a min3rity of the members elected to it. and proclaiming that a majority of the mnemYet it has been reserved to gentlemen of this hers present at any meeting of this Convention Convention to bring that up as a reason and are not capable of deciding a proposion put an argument why the Constitution so formed before them, and finally reduce ourselves to will not be accepted by the people, and cannot the necessity of changing this rule when we command their vote. Was not tlre last Con come to deal with a question that may excite stitution founded upon exactly the same rule a great deal of discussion, or else come to a which I propose that we shall adopt? Yet dead lock. that Constitution was accept~ed by the people, In reference.to the remarks of my friend although it was then alleged that the action from Prince George's (Mr. Berry) that these of tile Conlvention was invalid, arind that they propositions are brought up here day after had violated the spirit of' their duties by pass- day, and the time of the House consumed, I ing it without a najority vote. Why then is will remind him that day after day means it to be claimed here that our actionis will not more than once.'lhis day upon which we be valid, and will not command the respect ol are considering this amendr net, is only the the people if the mrajority of the members second. Upon the first day that the question. elected do not vote for every provision of it? calne up, on my first notice, no action was If the members elected are not here to vote taken but I amended my proposition, and upon the provisions of the Constitution, it under the ruling of the chair, it went over to strikes nie that it is the fault of the members the next day. Mly sole object in bringing up who do not come. I think the question re- the question a second time to-day, is that from solves itself into the very plain question wheth tile nearness of the vote yesterday, I was coner the mrembers of this body desire to do the vinced that when members came to reflect work they were sent here to do, or do not some of them would change their minds, and desire to do it. If they desire to do the olk, I thought that other members who rnight be they will takle what is the clearly recognized disposed to change the rule to make it conrule of all deliberative bodies that a majority form to the practice of deliberative bodies, of a quorum shall decide all questions that are might be here. 1 will ask that the vote be before the body. I have hardly ever heard of taken to-day, and I will consider that vote dethe application to any other rule, except in the cisive. If' it is the will of the majority of Legislature of Maryland, and that is because of the members'to make this rule an abthe action of the Legislature is final; because solute one, I have no objection; but I must it passes laws affecting, particular individuals; honestly and sincerely tell them that they are and because there is no appeal. Our acts are so binding themselves, and so far departing not final; they do not relate to particular flomu the principle which generally governs individuals, but to the formation of the organ- legislation that they may possibly regret it ic law, and the people are to decide upon Mr. STIRLING. I have but a few words to them at the polls. say. If members of the Convention will Are we to stay here then until we can con- look at the Journal of' yesterday, they will trol a -full attendance -of members, so as- to find a practical exemplification df the working secure to every proposition 49 votes? The of the rules of the Convention as it at present law that called us together, designated 65 as stands. the number capable of performing all the work AIr. MILLER. Onwhat page? required of this Convention. Yet we are re- Mr. STIRLING. Passin. We had yesterquired to bind ourselves that 49 out of' 65 shall day a very large attendance of this body. We be required to pass any part of the organic have a large attendance this morning. The law. It seems absurd to gentlemen. that un- attendance yesterday consisted of 83 members. der the possibility of an attendance of only If gentlemen will look at this Journal, they 204 willl see that every proposition carried yester- come to some compromise in order to adopt day, was carried by less than 49 votes. If any system which the mlajority of the memthis rule had been applicable to the second bers present will accept. reading, not a single conclusion would have Mr. MARBURY. Does the gentleman mean been needed during the whole session of' the to say that if we vote down propositions to day. On page 11 is a vote, 31 to 52; but change the article on the Judiciary, or any that proposition was lost. The proposition other article in the Constitution, it will leave which was finally carried received a vote of the State of Maryland without any Judiciary 44 to 33, a majority of Il votes, yet wanting system in the Constitution? 5 votes of being a majority of' the members Mr. STIhLING. I say that if we vote down elected. We cannot expect to have more all propositions offered for a Judiciary system, members present, for 83 members is above the we shall have no Judiciary system. average attendance hitherto. At the previous Mr. MARBURY. Shall we not in that case sessions we have not had as many. The re- have the present Judiciary system? sult will be under the rule, as my colleague Mr. STIRLING. Certainly not. fluow can has just remarked, every proposition will be we? We must incorporate an article in the defeated upon which the poltical majority new Constitution befbre it can become a part here do not unite. It will be difficult upon of it. There must be an affirmative vote to propositions which are out of a general po- incorporate in the new Constitution an article litical character to get 49 votes. At the same of this old Constitution, just as much as to time propositions which command so large a incorporate an entirely new article. it is a vote as a majority of the members present, substantive part of another document, and remay be considered as representing the views quires an ahfirmative vote to make it a subof the whole Convention, because it is gener- stantive part of this. But as some are in ally the fact that the absentees are about favor of' one system and some of another, it equally divided, and if they were present the will be difficult upon an average attendance vote would just about preserve the same pro- to obtain a vote of 49 members in favor of any portion. system. We might take vote after vote, and The argument of one of the mesmbers from sit here day after day, although a majority of Prince George's yesterday, was that if any ten or fifteen had argued upon a proposition proposition could not command the vote of a before we could obtain the requisite number. majority of this whole body, it was pretty Take the apportionment question. The strong proof that it might not go into the proposition of my friend from Prince George's Constitution, for the people will not sanction (Mr. Clarke) in regard to reprisentation, as it. Now we are placed in this position, that it stands now, will not get 49 votes in this we are bound to make a Constitution. Every- body; and I doubt whether any apportionbody agrees that there rnust be some judiciary ment system will get 49 votes in this body. system. Does the gentleman mean to say One man will object to it because a certain that if no judiciary system can command 49 part of the State gets too much, and will vote votes in this Constitution, it is better to have against it for that reason. Members from no judiciary system at all? l How will the rule that part of the State will vote with him work with regard to that? One man brings against it because they think their part of the up one system, another brings up another sys- State gets too little, and so both sections will tem, and another brings up a third. The keep on killing everything for the purpose of majority of the House vote down the first, getting somne!hing better for their respective because part of that majority are in favor of' sections. So they will go on day after day, the second. and part in favor of the third. So as they did in the last Legislature, whose duty -they vote down the second, and the third, be- it was to re adjust the representation. Everycause in each case they are divided between body agreed that they were bound to re-adjust the other two propositions. If the majority its and yet they could not get 38 votes for any can finally agree upon a system, must it be system of apportionment which they could derejected unless it can command 49 votes? A vise. Theie were bills which passed by a large great many people think we ought to leave majority, but none receiving 38 votes. Some the Judiciary system to stand precisely as it is, men voted against apportionments upon the with perhaps a little modification to relieve sole ground thatthey thoughltsome onecounty the pressure of business upon one or two of ought to have one more man; and that was the courts. Yet the present article in this enough to prevent anything being done; and Constitution could not command 49 votes in nothing was done, although it was the duty the Convention for two weeks. Or if you of the Legislature to re-adjust the apportionwish to abolish the present system and substi- ment. tute another entirely elective, I do not believe When any article requires compromise and that can command 49 votes upon an average adjustment, you will have extreme difficulty attendance. I doubt very much whether any in getting 49 votes for it. Yet we must come proposition for the establishment of a Judiciary to some oonclusion. The people of the State system can command 49 votes upon an aver- are now getting dissatisfied with the length of age attendance of this House, We must time this Convention has taken up. There 205 ye amendments that our constituents want not have any difficulty on that subject here, adopted, and they sent us here to do that work coming here with the patriotic purpose to do quickly; not for the purpose of remodelling what is best fbr the interests ot the Sta~te. every portion of the organic law, but to make Even if we differ in one, or two, or three the substantial changes the people demand. propositions, there will be some compromise, These substantial changes, with such others proposed in a spirit of compromise, between as are necessary, should be made as speedily those who differ upon representation, upon as possible. I put it to my friends, the ma- the Judiciary, and upon all such questions; jority of this Convention, whether it is good and we shall finally hit upon some plan that policy on their part, to establish a rule here will command 49 votes in this Convention. which puts it in the power of the minority of Otherwise you leave it, and it goes out to this House, upon the average attendance, day the people to be submitted to their vote, as a after day to check the majority in what they Constitution adopted by a minority of those have determined to do. elected to the Convention. The same difficulIn a body of men like this, a certain num.- ties that exist here will exist among the peober of men will always be absent. There has ple, and our labors will be very likely to be not been a full attendance yet. There are deleated by the vote of the people. If no men elected who have never taken their seats, compromise upon these disputed points is and yet their votes are counted. Men who made, if it will not carry with it that sanction lhave never sworn in and taken their seats of reasonableness and justice which will cominder this rule are counted Every member mand our assent, the people will not adopt it is counted, whether lie is here or not. Sup- when it is submitted to their consideration.. pose there are 60 members present, and a For these reasons I hope the Convention will proposition gets 40 votes out of 60. Does not change the rule which has been adopted anybody doubt that that proposition has the bya decisive majority on several occasions, assent of the Convention? It has a majority until there is solne evidence that there is a of two-thirds of the members present; and practical necessity for so doing. We ought not yet it is lost under this rule. As my colleague to anticipate that such a nece sity will occur. remarks, if there are but 50 members present, Mr. BERRY, of Prince George's. The genthis rule puts it in the power of any two of tleman from Baltimore city has appealed to those members to stop any action upon the the House very earnestly to change its rules; third reading of reports. It seems to me that and among other things has referred to the this proposition ties up the Ihands of this nax- Journal of Proceedings of yesterday, as showjority, and I earnestly hope the Convention ing that no question could have been passed will see the necessity of'rescinding this rule, yesterday by this Convention if this rule had and putting it in the form proposed by the applied to the action of the Convention. amendment. iMr. STIRLING. 1 know there is one propoMr. JONES, of Somerset. I think we are sition here which was almost unanimously taking a great deal of trouble in looking far defeated. There are things rejected by maahead, in fretting ourselves in the present jority votes. about what ma.y be coming in the future. Mr. BaRRY, of Prince George's. The genThere is a most excellent lesson in the Good temrnan seemns to anticipate my answer in part. Book which says, " Sufficient unto the day is 1 think that instead of demonstrating the the evil thereof]" We have not yet come to position assumed by the gentleman, the Joura vote in which this rule precluded our pro- nal of yesterday's proceedings shows that there gress; and I do not think we ought to antici- will not be a diversity of opinion and division pate that we shall come to such a vote. As of votes among the members of this body, exto the non-attendance of members, it is not cept upon merely political questions during to be supposed that will prevail when the this session. I had the happiness Yesterday, important business of voting upon the projects which 1 had never expected to have, of' voting to amend the Constitution shall come up. If with the gentleman from Baltimore city nearly it shall, it will be within the power of this every time. It was because I did not consider House to compel the attendance of the absent this a political question. I considered it a members; and that power in such a case question of State policy, and not a political ought to be exercised. Then if it appearsthat question. I say that the experience of'yesterthe Convention cannot come to a majority day shows that this rule nill work well. One vote as required by the rule, upon any propo- fthlse propositions offered was so very outragesition from a committee, minority or majority, outs that it only received 9 votes, out of the it affords a fair field fbr that most excellent whole number of 80 members present. I mode of settling all difficulties, in a free land voted with the majority upon tlat question, among fiee people, the mode of compromise; and had the proud satisfaction of voting with a mode, which, from the foundation of our the gentleman from Baltirriore city, (Mr. government to the present time, whenever Stirlinf.) legislators were reasonable and patriotic I think the other gentleman from Baltimore enough, has never failed to secure the appro- city who has spoken this morning, (Mr. bation of the majority. I apprehend we will Cushlingi,) said that if he was defeated this 206 time, he would draw down his flag. I hope in its deliberations, should only consider such the Convention will defeat the motion of the provisions of that organic law to halve been gentleman to rescind this rule, because, as has maturely considered which shall receive a mabeen already suggested by the gentleman from jority ot the votes of the whole number of Somerset, (Mr. Jones,) we have seen noprac- members elected to the body. tical defects in this rule as applicable to oir That is a safe rule; and in these times of proceedings. I think it is a wise and judicious excitement, in these times when party prejurule for the government of this Convention, dices run to such an extent that fanaticism and therefore should be retained as one of the seems to be the prevailing and governing. settled rules, that every proposition upon its principle of our minds, we ought to have passage shall receive a majority of the votes so(ne rules to preserve the purity of our acof the members elected, which would require tion and to ei-sire the success of wise provisa proposition to receive 49 votes before it could ions in our Constitution. I hope, therefore, pass that this amendment will be voted down, and The gentleman from Baltimore City, (MNr. that my fiiend will draw down his flag, which Cushing,) seems to rest upon the action of the has only been at half-mast for the last two or Convention of 1850; and he argues that they tharee days. Let him draw down Iens flag; could not have proceeded in' their action ex-and let us have these rules established as the cepting oy a mere majority rule. But in the permanent rules for the government of this wisdom of that body they found that sulch a Convention, and let thorn be printed in parnphrule would not do for a deliberative body, and let form under the order of' the gentlealara they restricted the Legislature of each House, from Talbot, (M1r. Valliant.) so that before a measure could be passed into Mr. CUSHING. At half-mast because I was a law, is should receive in each Hoiuse the moaning over the blindness of members. votes of a majority of the members elected to Mr. iERRY, of Prince Georg'gs. Blind that House. In the Senate it must receive 22 leaders of the blind, both falling into the ditch votes, and in the House one-half of the whole together. I1 wanted to let you into the fill number elected. light of day. If your actions are governed The gentleman stated that some of the by reasonl, independent of prejudice, then membars elected to this Convention had not your conclusions will be very apt to be wise. taken the oath of office and Ilad not appeared. I hope this amendment will not pass. I do not know of any instance, excepting a Mr. SCOTT. I think there is no gentleman member from St. Mary's county, who has been in this House more anxious for a speedy addetained at home on account of sickness. I journment of the session than I am. With think the absence of members of'this body, so that view 1 voted for the rules as adopted, In far as my experience goes, shows that our men, the hope that they might compel the prompt although in the minority, are more generally and general attendance of members. As the absent than the gentlemen upon the other side. rules have not yet operated as a bar to our Upon all political questions I have no doubt action, as we have lost no measure for the the majority will feel it their imperative duty, want of a majority of the members elected, I as they seem to caucus every twenty-four feel like insisting upon preserving the rules hours, to be present in order to carry out the just as they are until they do so operate. A conclusions of the caucus. majority of the members elected are required Another thing. It will be perfectly legiti- to pass any measure; and it is the duty of mate, upon the passage of any measure, or these gentlemen who are elected here to be in upon the defeat of any measure, for any gen- their places and attend to the interests of the tleman who votes in the majority to move a State and people that sent them here. I shall reconsideration of the question when they therefore feel it my duty to oppose any motion have a fuller House. Tenacious as the men- to alter or change these rules until they act as tlemen upon the other side seem to be in a bar to the prosecution of the business before carrying out the plans digested and adjusted the House. Whenever it becomes apparent in caucus, I have no doubt they will be pre- that we cannot proceed with our business for pared for a motion of that character. When the want of a change in the rules, I am willing they find they have lost a measure, some of to change them: but not till then. them will vote in the affirmative with a view Mr. HENKLE. The subject matter emto make a motion to reconsider the measure. braced in this amendment was before the ConThe practical operation of this rule is as a vention for discussion yesterday. This makes check upon too hasty action of this body. It the third time that it has come before the has no other practical operation. I repeat the Convention. When we first acted upon the argument I made vesterday upon the subject, rules, the question was under discussion, and that if a measure is required to receive in the the rule was adopted as it stands. The gentleLegislature of your State a majority of the man from Baltimore city moved an amendvotes of all the members elected to each branch ment which was discussed yesterday, and was of the Legislature before it becomes a law, it finally disposed of. Then he gave notice of is more imp)ortant that a Convention called to- another amendment embodying the same subgether to frame the organic law of the State, ject matter; so that this question has twice 207 before been decided by the Convention. Now as being supported by that view, I wish to I submit the question, is it competent, is it state that it is my intention as one of the maproper for the same thing to be brought up jority to accord to the gentlemen of the oppoover and over again, except on a motion to re- sition all the time for debate that they require. consider? iftlhatis according to parlia~mentary All that they of right could come here as a practice in order, I see no end to our deliber- mrinority and ask, that shall always receive alion; for the same questions can be brought my cordial support. I have not taken the up again and again, ad infinitun, to the exclu- position I have indicated from any want of sion of our regular business. I know there is courtesy to them, but as a serious matter of no specific rule to prevent it, as printed; but duty. I do not say that this question has is it parliamentary law? I raise that point of arisen in thle course of the business: of the order. Convention, showing us clearly that the posiThe CHAIRMAN, (Mr. Purnell.) The Chair tion the Convention have taken is a, wrong is under the impression that the point of order one. I do not say that we may not remain as not well taken. here and pass every article in the Constitution Mr. MILLER moved to la~y tile motion to by 49 members of this body. But I do claim amend upon the table, but withdrew his mo- that we, as a majority of this body, are deretion at the request of lict to our duty, to our constituency, and to Mr. PUGH, who said: This may as well be ourselves, in relation to the important meassettled finally by a vote. I only wish to ex- ures which may be brought before us in these plain the vote that I shall give. I have voted awful times, if we detract one iota from the pretty steadily, I believe, in favor of altering power which has been given to us to come the rule. 1 voted in the first place in favor of here and do our duty. I do not say that we an amendment which struck out the latter shall diminish our power if we maintain this portion of it. I may be under a misapprehen- rule; but for fear that we shall, I intend to sion; I may misunderstand what my duty is vote so as to leave to those in whose hands it here, as one of the majority of this Conven- belongs the power of making a Constitution tion. As one or two of my colleagues seem- for the State of Maryland in spite of the opingly ent.ertain different views,. think it position which has been sent here. At the important, especially as the subject has been same time that I claim that right for'the maso frequently discussed, and such frequent al- jority, and claim that they shall exercise it, lusions have been made to those who have! and by my vote shall assist them in exercistaken the course that I have pursued, that I i g itshould explain my position. The CHAIRMAN, (Mr. Russell,) interrupted It has been said here repeatedly that this the debate with tile announcement that the Convention has met for a very serious purpose, hour had arrived for the consideration of the and in very serious times. Under these cir- order of the day, the Declaration of Rights* cumstances the rninority have conceived it to Mr. CLARKE. Have not the majority electbe their duty to claim all the rights to which ed 61 members to this Convention. minorities are entitled; and to demand, I Mr. PUGH. Yes sir. think, rather more than minorities according Mr. CLARKE. Having 61 members, if they to parliamentary usage are entitled to. I fail to get 49 votes will they not fail to disadmit, sir, that these are serious times. I charge their duty to their constituents? admit there never did assemble in the State of Mr. PoUG. I have thought the matter over, Maryland a body before whose deliberation and am ready to answer the gentleman. I there have been placed more important sub- can conceive of circumstances in which the jects than will be placed before this deliberative action of this body may be delayed and totally body. I admit thlat these are terrible and dis- stopped by the minority, under this rule astrous times, and that under these circum- Mr. CLARKE. Unless there is a division of stances ought to demand and ought to have all opinion on the part of the majority or a failthe rights to which they are entitled. ure on their part" to perform their duty, will But admitting these things, what then? If they not have full-power to give a majority it be true that in deliberating upon this im- vote of 49 upon any question that comes up? portant subject in this important time, it is Mr. PUGe. I will answer the gentleman's important for thie minority to look out for their question by asking another. Has the gentleinterests and'maintain their rights, how much man never heard of such a thing as balance of more important is it that the majority of this power? Convention, sent here by a majority of the The CHAIRMAN, (Mr. Purnell.) This depeople, should look out for the rights of the bate is not in order. The order of the day majority and protect their interests, which they has been taken up. were sent here by their constituents to defend. Mr. BERRY, of Prince George's, moved the These are some of the reasons why'I think postponement of the consideration of the the majority will act properly in Ihot tying order of the day for half an hour. their hands in this manner or in any other Mr. PUGH. I have no more to say, itI can manner. be permitted to answer one point which has At the same time that I defend my position been taken repeatedly. 208 The motion to postpone was agreed to; and But there is no check in the case of the Legthe question recurred upon Mr. Cushing's islature. When they have passed a law, amendment of Rule 42d. that very moment it becomes the law of the Mr. PUGH resumed. I only wish to answer land, to take effect at the time that they shall one point which has been taken- appoint. Mr. CLARkE. I wish the gentleman would Mr. MILLER. I see that in the Constitution answer my question, whether, unless there is of Illinois the Governor has the veto power, a division of opinions, on the part of the ma- and yet it has precisely the same provision jority or a fiailure on their part to come here with regard to the passage of bills by the Legand vote, they cannot give a vote of 49 mem- islature as here. bers for any proposition they deem to pass Mr. PUGH. I merely stated that so far as Mr. PUGH. I will answer as I did before I had examined I had not found such an inby asking the gentleman if he ever heard of stance. But even if it is so in Illinois, it has such a thing as a balance of power. no bearing upon my main argument, and does Mr. CLARIKE. Certainly I have; and I am not alter mny position a particle. very glad there is such a thing as a balance of Mr. STIRLING. Will the gentleman from power. Anne Arundel, (Mr. Miller,) state whether Mr. PUGH. It is against the controlling the Constitutional Convention that framed efficacy of the balance of power that I wish the Constitution of Illinois had any such prothe amendment to operate. vision in it Mr. CLARKE. But that balance of power, Mlr. MILLER. I donot know. 1 have not one way or the other, will become the repre- looked at that. sentation of the majority of the people; and Mr. CLARKE. It would be within the it is that on the vote that same majority of power of any Convention to lay down such a the people may be represented, that it is very rule for their action. desirable to retain the principle of the rule as Mr. SrlRLING. I know of no Constitutionit stands. al Convention that has ever fixed for itself Mr. PUGTI resumed. As I have said, there any such rule. is one thing which has been urged, and al-'Mr. SANDS. I wish to make a sugeestion though I have listened attentively I have not to those with whom I act in this Convention. heard it answered. I do not wish to argue I think we have got as large an attendance these questions, for my idea is that if we call here to-day as we shall ever get. It is an unthe people's attention to things, when they usually large attendance, all things considlook at them they will see them about as well ered. I venture the assertion that you may go as we can. It has been urged that the Legis- into any military camp, that has its circumlature of Maryland is required to pass laws by scribing limnits and bounds anywhere in this a majority of all the members elected, in both State, and out of'every 96 men mustered into Houses. That is a true statement; and yet the service as physically sound men, you it is a statement made with a concealment of cannot on drumn beat turn out 86 of those something else. The whole truth with regard |men sound and fit for action. The supposito passing laws in the State of Maryland is not tion that we are to have 49 votes to pass any stated. I have not examined the matter thor- provision at all, grows out of the notion that oughly, but I have not found a Constitution healtlh is perfectly safe for perhaps three any State which requires the passage oflawsby mllonths to come. We must act in view of majorities of the members elected, unless actual existing circumstances, that we cannot under that form of government the veto power combat. 1 say that the proportion of 10 sick is denied to the Governor. I also understand men out of 100 is an extremely small proporthat the principal reason why in the State of tion. If that is so, then you may send out Maryland a majority of membe-s elected to your Sergeant-at-Arms to bring in all the both branches of the Legislat.- is required to members who are fit for duty, and you will pass a law, is because ther-.<;!2>, no check be- seldonl lave mnore men than you have here tween the action of the':- ature and the to-day. It is against the nature of things; it direct operation of the lav.':, Fhose who have is impossible. mentioned this matter hav':'.eft the whole gist I will suggest to my friends that retaining of it out. I understand the reason of the pro- their power in the hands in wlich the people vision that so large a vote shall be required placed it, does not involve a pledge to abuse in order to make a bill the law of the land, is that power. If we have presen;t a majority that there is no check, nothing to throw it of 46 members, I shall vote just the same vote back upon their deliberation again if the Le- that I should if we had a majority of' one singislature has been hasty. gle vote with a quorum. only present. All I But there is a long distance between our want to do is to warn gentlemen that ill their actions and the adoption of this Constitution action they may strip themselves of power as the organic law of the State. It has to bei which will become absolutely necessary for passed upon by the people after we are done the furtherance of' the business of this Conwith it; and we must. make it so that the vention. Thc gentleman fiom Prince George's people will vote for it. That is a check. (Mr. Berry,) said that he wanted to lead us 209 into the full light of reason. I want to go Committee of the Whole on the State of the there with him. 1 want to stand in that light. Union, and also for closing debate therein; I Want to act under that light. and by rule 119, to make any of the approMr. BERRY, of Prince George's. I would priation bills in special order. These are exsuggest that the cloud that hangs over him, ceptions to this rule." equal to the Egyptian midnight, must be first According to that, the rules cannot be expelled. changed or suspended except by a two-thirds Mr. SANDS resumed. The, gentleman has vote. heard of the little boy who went into the show Mr. CLARKE. When this 55th rule was and saw two animals. He had heard of the before the Committee I proposed to add to it lion, and of another animal which had rather so that it should read, that the rules should longer ears than the lion; and he wanted to not be changed without a vote of a majority know which was which. But the showman of the members elected to the Convention. replied, " You pays your money, and you The majority of the committee preferred that takes your choice." Whether my light or there should be no provision whatever in rethat of the gentleman from Prince George's is ference to it. I asked the committee what the true light I do not pretend to say, other rule should govern in that case, and they said than for myself. But I will add this, that if there was time enough, and no answer was I wanted to go to an illuminating region, and given. The rule was reported in this way to I saw in one direction 35 suns, moons, or the Convention, purposely leaving it in that stars, and in another direction a galaxy of 61, state of uncertaint.y. I would turn my back upon the 35 and march Mr. CUSHING. The same authority that straight toward the 61. Light! Yes,, we adopted the rules can change them. Weadoptwant it; and 1 am going toward that system ed them by a majority vote, and made no prowhich has the most orbs in it. I do not inter- vision that it should require more than a mafere with the views of any gentleman. He jurity, and consequently a majority can change is perfectly welcome to entertain them, to ex- them. press them, and to vote upon them. I want Mr. CLARKE. I hold that the rules were the right to do so myself; I claim that right; adopted by a majority of the members elect. and by no act of mine will I disrobe myself of 1 know of hardly a member who voted against the right and authority to do it. them on their third reading. Following the Mr. BERRY, of Baltimore County. I see precedent of their adoption, it would require that the 49th rule says: a majority of the members elect to change "Rule 49. The rules may be suspended them. when demanded by three-fifths of the members Mr. BERRY, of Baltimore County. I should present. " like to have the question I raised decided; as This is not a suspension, but an alteration it may avoid future difficulty. of the rule. I desire to know what vote is Mr. GoLDsaBo ROUGH, President. I think necessary in order to change the rule. my friend is laboring under the impression that The CHAIRMIAN, (Mr. Purnell.) - A ma- the rule of the House of Representatives jority. controls parliamentary law. I thinkl lie is misMr. BERRY, of Baltimore County. The 55th taken in that respect. The House of Reprerule is: sentatives is nothing more than a mere body "Rule 55. No standing rule or order like our own; while parliamentary law has shall be rescinded or changed without one come down to us from our ancestors in Great day's notice being given of the motion there- Britain. It is a standing rule, I believe, in all for. " bodies, that the majority shall control unless That does not say how many votes are ne- the body shall have agreed and determined cessary. The third section of the 54th rule is: otherwise, by a special rule. "Sec. 3. The Rules of Parliamentary The CHAIRMAN, (Mr. Purnell.) The Chair Practice on the call of the previous question is under the impression that in the absence of on all other subjects shall govern the Conven- a rule on the subject, th e majority will pretion." vail. In both branches of the Congress of the Mr. HEBB demanded the yeas and nays, United States it requires two-thirds of the and they were ordered. members present to change or suspend. Mr. CLARKE. The 47th rule is: " Rule 145. No standing rule or order of "Rule 47. The Rules of Parliamentary the House shall be rescinded or changed with- Practice shall govern the Convention in all out one day's notice being given of the motion cases to which they are applicable,. and in therefor; nor shall any rule be suspended ex- which they are not inconsistent with the cept by a vote of at least two-thirds of the Standing Rules and Orders of the Convenmembers present," &c. tion." In a note, we find the exceptions to this Now I say that the rule of Parliamentary rule: Practice is that a majority of the members "By rule 104, a majority may at any time elect, or the same vote that adopted a rule, suspend the rules for the purpose of going into shall be required to change it. 210 The question being taken, the result was- requested Mr. Clarkle to reduce his point of yeas 44; nays 37-as follows: order to writing. Yeas-Milessrs. Abbott, Annan, Balker, Bar- Mr. SANDS. I think the point of order is ron. Carter, Cunningham, Cushing, Daniel, out of order, for the Convention having voted, Davis of Washington. Dellinger, Ecker, Far- it has decided the matter. The decision of the row, Galloway, Greene, Hebb, Hoffman, Chair was simply the announcement of this Hopkins, Hopper, Jones* of Cecil, Keefer. result of the vote After the vote had been Kennard, King, Larsh, Markey, McComas, taken — Mullikin, Murray, Neglsy, Noble, Nyman, The CHAIRMAN (Mr. Purnell) announced Pugh, Purnell, Robinette, Russell, Sands, that the hour had arrived fbo taking up theorSchley, Sneary, Stiling, Sykes, Thruston, der of the day, the Declaration of Rights. Todd, Valliant, Wickard, Wooden-44. On motion of Mr. iEBB, Nays —Messrs. Goldsborough, Pres't; Au- The consideration of the order of the day doun, Belt, Berry of Balto. county, Berry of was postponed until one o'clock. Prince George's, Billingsley, Blackiston, Mr. CLARKE read his statement of the point Bond, Briscue, Brooks, Brown, Chambers, of order, as follows: Clarke, Crawford. Davis of Charles, Duvall,' Mr. Clarke, of Prince George's, appealed Earle, Edelen, Ha'rwood, Henkle, Horsey, from the decision of the Chair, declaring the Johnson, Jones of Somerset, Landsdale, Lee, amendment of the Standing Rules offered by Marbury, Mitchell, Miller, Morgan, Parker, the gentleman from Baltimore city adopted Parran, Peter, Scott, Smith of Carroll, Smith by a vote of 44 in the affirmative and 37 in the of Dorchester, Thomas, Wilmer-37. negative, upon the ground that the Rlules of So the amendment was adopted. Order having been. adopted by a majority of Mr. KENNARD, when his name was called, the members elected to this Convention, they said: I have uniformly voted " No" upon can only be changed by a vote of the majority every amendment that has been submitted to of the members elected to the Convention, the consideration of the Convention to change and upon the ground that according to parliathis rule, but in consequence of the spirit mentary practice, where it takes a majorityof which has been exhibited in the course of the the members elected to any deliberative body discussion of the question this morning, my to adopt a rule, it requires the same number views have changed, and I now vote —Aye. to change or repeal." The vote having been announced, Mr. CLARKE said: My explanation of the Mr. CLARKE said: I raise the point of or- reasons for the appeal, states this fAct, "the der that the amendment has not been adopted. Rules of Order having been adopted by a maI understand the Chair to have decided thatority of the members elected to this Conventhe amendment was adopted; and in order to tion." That was the fact, that they were raise the question in form, I appeal from that adopted by a majority of the members elected decision of the Chair, in order to test the sense to the Convention. That being the mode by of the House upon that question. which the Rules were adopted, I say they call Mr. CUSHING. I suggest that the gentleman only be changed by the same rule. Take the cannot appeal now, after the decision of the case of a bill before the l egislature. It is requestion. quired to obtain a clear majority in both AMr. CLARKE. An appeal would not have IHouses. Is it argued for a moment that you been in order before. Any decision prior to can bring in that bill again at the ncxt session the taking of the vote was premature. The or at the same session by less than a clcar mraappeal could only be properly taken after the jority? Such a proposition was never assertdecision of the Chair had been made; and I ed. The parliamentary practice is that the immediately after the Chair had decided that majority of members elected being the mode the amendment had been adopted by a majori- of adoption, the same mode of change or rety consisting of 44 members, being less than jection must be pursued, until the Convention 49, I appealed from that decision.'shall prescribe some other rule for such alteraMr. CUSHING. I raise the point of order, tion of its Rules. I do not deny the power of that the appeal is not now in order, because the Convention to prescribe some other mode the specific questeon had already been raised of changinfg the rules; but that must be done by the gentleman from Baltimore county (Mr. by a vote of a majority of the members electBerry) and decided. ed to the Convention; and when thus adopted, Mr. CLARKE. He raised the point out of that would become a Rule of the Convention order. He could not properly raise the point Mr. CUSHING. Upon what does the gentleuntil the vote had been taken and the Chair man predicate his statement that the Rules announced its decision upon that vote. I were adopted by a vote of a majority of the could not have taken an appeal upon that de- members elected to the Convention? cision of the Chair, to which the gentleman Mr. STIRLING. AWere not the Rules adoptrefers, because no vote had been taken upon ed unanimously? If so, under the gentlewhich it could be predicated. man's construction of parliamentary practice, The CHAIRMAN (Mr. Purnell) overruled would it not require unanimous consent to the point of order raised by Mr. Cushing, and change them? 211 Mr. CLARICE. My colleague aud myself Journal; and unless it shall thus appear that voted "No " a majority of the whole number of members Mr. STIRLING. Then it will require a unan- elected to the House have voted in the affirmaimous vote with the exception of two mem- tive, the bill shall be declared rejected." bers to change them! Mr. HEBB. Then the Rules were not adoptMr. CTsHING. The record oil the Journal, ed at all. page 21, is this: Mr. CLARKE'. Then I will raise the point "Mr. Daniel called up for consideration whether these are our Rules. the Report of the Committee on Rules, Mr. CUSHSNG. Reports of Standing Corn(page 49.) mittees we regrarded as bills; but was, not this "Said Report was then taken up, read the a Special Committee? third time and concurred in, and the Rules as Mr. CL.ARKE. I regard any report from a reported adopted as Rules for the govern- committee appointed here, as in the nature ment of the Convention." of a bill. Upon what does the gentleman base his as- Mr CCUSHING. Then the report of the comsertion that the Rules were adopted by a ma- mittee appointed to wait on Gen. Wallace jority of the members elected? and others and invite them here, was in the - Mr. CLARKE. The Journal is silent with nature of a bill and should have been read reference to the mode in which it was adopt- three times. ed; and it being silent, this becomes like a Mr. CLARKE. They did not bring in a requestion of evidence. It becomes neccessary port. to go outside of the record and examine the Mr. CUSHING. The chairman of the comfacts, the res gestae. Now there were only mittee reported to the Cotnvention that they two votes, so far as I know, cast against it. had performed the duty assigned them. That being the fact, it results that they were Mr. CLARKE. We had not then adopted the adopted by a majority of the members elected Rules. Probably if we had adopted the Rules, to the Convention. that would have had to go through three readMr. DANIEL. If they had been voted for ings. I think the 29th Rule isthe one under then by a majority of those present, and not which the vote should have been taken; and if.by a majority of those elected, would they not the President failed to call the yeas and nays, have been adopted? it was an omission to which any member Mr. CLARKE. I think not. I should have might then have objected; but the decision of raised the same point of order then. I intend- the Chair that they were adopted having been.ed to do it, if the case arose. I took that view acquiesced in, it may be contended that that in committee that unless the Rules were waived the irregularity, or the point might be adopted by a majority of the members elected, taken with considerable weight that the Rules I should raise that point of order. But we never have been adopted according to the were then acting under the Rules of the Rules of the House of Delegates by which we House of Delegates; and they may prescribe a were then governed. My last point is, that different rule. according to parliamentary practice, the same Mr. HERB. The Rules under which these majority is required to reject or change a proRules were adopted were the Rules of the last vision, as was required to adopt it; that is, in House of Delegates;and the Rule requiresa this case, a majority of the members elected. nmajority of the members present to adopt a Mr. DANIEL moved to lay the appeal on the report. table. "Rule 28. All questions except on the final Mr CLARKE demanded the yeas and nays, passage.of a bill or a~ motion to suspend tie arid they were ordered. Rules, or those otherwise herein provided for, The question being taken, the result wasshall be determined by a majority of the metn- yeas 49; nays 30-as follows: bers present;, those dividing in the affirmative Yeas —Messrs.Goldsborough, Pres't; Abbott, rising in their places, those in the negative Annan, Audoun,Baker, BerryofBalt. county, continuing in their seats, and so, vice versa, un- Brooks, Carter, Cunningham, Cushing, Dantil a decision by the ~Speaker." iel, Davis of Washington, Dellinger, Earle, Mr. CLARKE. We have in all our proceed- Ecker, Farrow, Galloway, Greene, Hebb, ings assimilated reports coming from Stand- Hoffman, Hopkins, Hopper, Jones of Cecil, ing Committees to bills on their final passage. Keefer, Kennard, King-, Larsh, 5'iarkey, MIlcWe put this report through three readings. Comas, iullikin, Murray, Negley, Noble, NyTherefore when it came up for final adoption, man, Pugh, Robinette, Russell, Sands, Scott, it came up as the passage ofa bill would come Smith of Carroll, Sneary, Stirling, Sykes, up. Therefore I regard Rule 28 as not ap- Thomas, Thruston, Todd, Valliant, Wickard, plying; but we adopted the report under Rule Wooden-49. 29th, although we did not follow it out en- NVays-A1essrs. Barron, Berry of Prince tirely. That Rule is: George's Billingsley, Blackiston, Bond, "Rule 29. The question on the final pas- Briscoe, Brown, Chambers. Clarke, Crawford, sage of a bill shall always be determined by Davis of Charles, Duvall, Edelen, IEarwood, yeas and nays, which shall be recorded on the Henkle, Hodson, Horsey, Johnson, Jones of 212 Somerset, Lansdale, Lee, Marbury, Alitchell, attention to Rule 44 that " no motion tor reMliller, Morgan, Parker, Parran, Peter, Smith consideration shall be postponed or laid on the of Dorchester, Wiltmer-30. table." So the appeal was laid upon the table. The CHAIRMAN (Mr. Purnell) ruled the moWhen their names were called, tion to lay on the table out of order; and anMIr. ScorT said: Having voted throughout nounced that the hour had arrived for the against changing the Rules, I deem it proper consideration of the order of the day. to say that when the question was settled by MIr. ABBOTT. I have a report to offer for vote of the Convention I supposed it was the Committee on the Basis of Representation finally settled. I therefore voted to lay the ap- which I should like to have read and printed. peal on the table. On motion of Mr. BERRY, of Prince NMr. THOMAS said: Forthe reason assigned George's, by the gentleman from Cecil (Mr. Scott) hav- The order of the day was postponed for ing voted all along wi h the minority to sus- ten minutes. pend the 49th rule, since the question has Mr. STIRLING. The motion to reconsider been decided by the Convention, I vote-aye. is now in order. The motion to lay the moThe result having been announced, tion to reconsider on the table was ruled out Mir. CUSHING moved to amend Rule 43, by I of order, but the motion to reconsider is still striking out all after "nays," so that it should undisposed of. Upon that motion I call the read: previous question. " Rule 43. The question on the final adop- The call for the previous question was sustion of any article shall always be determined tained. by yeas and nays." The main question, that upon reconsideraMr. CUSHING. I slppose that will be adopt- lion, was taken, and the motion to reconsider ed by unanimous consent, being involved in was rejected-ayes 22; noes 52. the fbrmeramendment which has been adopted. AMENDMENTS OF THE CONSTITUTION. Mr. BERRY, of Prince George's, demanded Mr. TODD, from the Committee on Future the yeas and nays, and they were ordered. Amendments to the Constitution, submitted Mr. CLARKE. Does the gentleman mean the following report, which was read the first by omitting the words "which shall be record- time, and ordered to be printed: ed on the Journal," to leave it in the power REPORT. of the House to decide whether the yeas and Section 1. Either branch of the General Asnays shall be recorded on the Journal or not? sembly may propose amendments to this ConMr. CusHI\G. I believe it ought to be in stitution; and if the same shall be agreed to by the power of' the House; but the reason for three-fifths of the members elected to each my motion was that the motion to amend house, such proposed amendments shall be enleaving those words in the rule had been voted tered on the Journals, with the yeas and nays down, and I was obliged to change my motion taken thereon, and shall be published.in two to make it in order. newspapers in each county in the State where The question being taken, the result was- two are published, and in three newspapers in yeas 47; nays 33-as follows: the city of Baltirnore, one of which shall be Yes-Messrs. Abbott, Annan, Baker, Bar- German, for three months preceding the next ron, Berry of Prince George's, Carter, Clarke, election for Senators and Representatives, at Cunning4ham, Cushing, Daniel, Davis of which time the same shall be submitted to the Washington, Dellinger, Ecker, Farrow, Gal- electors for their approval or rejection; and if loway, Greene, I-lebb, Hopkins, Hopper, a majority of the electors voting at such elecJones of Cecil, Keefer, Kennard, King, Larsh, tion, shall adopt such amendments, the same Markey, McComas, Miller, Mullikin, Mur- shall become a part of the Constitution. ray, Negley, Noble, Nyman, Pugh, Purnell, When more than one amendment shall be Robinette, lRussell, Sands, Scott, Sinith of submitted at the same time, they shall be so Carroll, Sneary, Stirling, Sykes, Thruston, submitted as to enable the electors to vote on Todd, Valliant, Wickard, Wooden-47. each amendment separately. Natys —Messrs. Goldsborough, President; Sec. 2. Whenever two-thirds of the memAudoun, Belt Blerry, of Baltimore county, bers elected to each branch of the General AsBillingsley,Blackiston, Bond, Briscoe. Brooks, i sembly shall think it necessary to call a ConBrown, Chambers, Crawford, Davis of' vention to revise, amend or change this ConCharles, I)uvall, Earle. Edelen, Harwood, stitution, they shall recommend to the electors Henkle, Hodson, Horsey, Johnson, Jones of to vote, at the next election for rMembers of Somerset, Lansdale, Lee, Mtrbnry, Mitchell, the General Assembly, for or against a ConMoroan, Parker', Parran, Peter, Smith of vention; and if a majority of all the electors Dorchester, Thomas, Wilmer-33. voting at said election, shall have voted for a So the amendment was adopted. Convention, the General Assembly shall, at Mr. SANDS moved to reconsider the vote their next session, provide by law for calling last taken. the same. Mr. HEBB moved to lay the motion to re- The Convention shall consist of as many consider on the table. members as both houses of the General AsMr. BERRY, of Baltimore county, called sembly, who shall be chosen in the same man 213 ner, and shall meet within three months after be as follows: For every five thousand pertheir election, for the purpose aforesaid. sons, or a fractional part thereof above oneSec. 3. At the general election to be held half; one delegate shall be chosen until the in the year one thousand eight hundred and number of delegates in each county and diseighty-two, and in each twentieth year there- trict of the city of Baltimore shall leach five. after, the question " shall there be a Conven- Above that number, one delegate shall be tion to revise, alter or amend the Constitu- chosen for every fifteen thousand persons, or a tion?" shall be submitted to the electors of fractional portion over one-half thereof, until the State; and in case a majority of all the the whole number of delegates fiom each electors voting at such election, shall decide in county and district of the city of Baltimore favor of aConvention, the General Assembly, shall reach ten. Above that number, each at its next session, shall provide by law, for county and district of the said city shall elect the election of delegates, and the assembling of one Delegate for every forty-five thousand persuch Convention, as is provided in the preced- sons, or tractional portion thereof above oneing section; but no amendment of this Consti- half. Upon this principle, and until the next tution, agreed upon by any Convention, as- Federal census, or State enumeration of inlbasembled in pursuance of this article, shall take bitants, the Hlouse of Delegates shall consist effect, until the same shall have been submit- of' eighty-two members, distributed as folted to the electors of the State, and adopted lows: by a majority of those voting thereon. Allegany, five members; Anne Arundel, Respectfully submitted, two; each of the three districts in Baltimore R. W- TODD, city, seven; Baltimore county, six; Calvert, W. H. MACE, one; Caroline, two i Carroll, five; Cecil,fbur; T. S. NOBLE, Charles, one; Dorchester, two; Frederick, six; ANDREW ANNAN, Harfobrd, four; Howard, two; Kent, one; GEO. M. MCCOMAS, Montgomery, two; Prince George s, two ALWARD JOHNSON, Queen Ann's, two; Saint Mary's, one; SomJOHN LEE. erset, three; Talbot, two; Washington, five; BASIS OF REPRESENTATION. Worcester, three. Mr. ABBOTT. I have a report to present E. A. ABBOTT, from the committee on the Basis of Repre- SAML. T. HATCH, sentation, which I am happy to say has been PETER NEGLEY, prepared after long and careful consideration, Jos. B. PUGH, and has been agreed upon by a majority of' J. D. CARTER, two-thirds of the Committee, which majority A. C. GREENE. 1 hope it will receive in this Convention and Mr. BERRY, of Prince George's, on behalf fiomn the people. of the minority of' the same committee, subThe report was then read the first time, and initted the fobllowing report, which was read a ordered to be printed, as follows: first time, and ordered to be printed: REPORT: MINORITY REPORT. The Committee on the "Basis of Represen- The undersigned, a minority of the Comtation in the two Houses of the General As- mittee on the Basis of Representation in the sembly, and a proper apportionment of repre- two Houses of the General Assembly, and a sentation in the same," beg leave respectfully proper apportionment of' representation in the to report the following sections, to be in- same, beg leave respectfully to report the folserted in article three of the Constitution, en- lowing sections to be inserted in article 3, of titled, "Legislative Department:" the Constitution, entitled, Legislative DepartSection 1. Immediately after the adoption ment: of this Constitution, and before there shall Section 1. Every county of the State and have been held any general election under it, the city of Baltimore, shall be entitled to elect the Mayor and C(ity Council of the city of one Senator, who shall beelected by the qualiBaltimore shall proceed to lay off and divide fled voters of the counties and the city of the said city into three several districts, of Baltimore respectively, and who shall serve equal population and contiguous territory, as for four years from the day of their election. near as may be. Sec. 2.-The Legislature at its first session Sec. 2. Every county in the State, and each after the returns of' each National Census are district of the city of Baltimore, as hereinbe- published under tile authority of Congress, fore provided for, shall be entitled to one Sen- shall apportion the members ot' the Hlouse of ator, who shall be elected by the qualified vo- Delegates among the several counties of the ters of the counties and city of Baltimore re- State according to the population of'each, and spectively, and who shall serve for - years shall always allow to the city of Baltimore from the date of their election. four more delegates than are allowed to the Sec. 3. The.white population of the State most populous county; but no county shall be shall constitute the basis of representation in entitled to less than two members, nor shall the House of delegates, and the apportion- the whole number of delegates ever exceed ment of the Delegates among the several counties and districts of the city of Baltimore shall Sec. 3. The Mayor and City Council of 214 Baltimore shall before the next general elec- DECLARATION OF RIGHTS. tion of delegates alter the adoption of this The.Convention then resumed the considConstitution, proceed to lay off and divide the eration of the report: of the Committee on the said city into twelve electoral districts of equal Declaration of Rtights. proportions as to population and of contiguous The pending question was stated to be on territory as near as may be,. and shall, after the amendment to the 14th article, moved by the returns of each National Census are here- Mr. Scott, which amendment had been amendafter published under the authority of Con- ed on motion of Mr. Stirling to read as folgress, and after the apportionment by the Le- lows: gislature, lay off and divide the City of Balti- "That paupers ought not to be. assessed for more into as many electoral districts as the the support of the Government, but every said city may by said apportionment be entitled other person in the State, or person holding to delegates: andeachdistrict shall be entitled property therein, ought to contribute his proto elect one d!legate. portion of public taxes for the support of GovSec. 4. The apportionment of the dele- ernment, according to his actual worth in real gates among the several counties and the or personal property; and fines, duties or several electoral districts of' the city of Balti- taxes may properly and justly be imposed or more,.shall be as fbllows until after the returns laid on persons or property bfor thle good govof the next National Census are published ur- ernment and benefit of the community.." der tle authority of Congress, and.the appor- Mr. GALLOWAY. I propose to.offer an tionment by the Legislature as aforesaid, viz.: amendment to the amendment as amended, each district of the city of Baltimoreshall be by striking out all after the word " that "' and entitled to one delegate for every seventeen inserting what I send to the Secretary's desk. thousand inhabitants, or fractional part thereof The P'RESIDENT. The motion of' the genover and above one-half, and the several coun- tleman is not in order; the Convention havyties of' the State shall be entitled to one dele- ing adopted tile amendment proposed by the gate for every seven thousand inhabitants, or gentleman fioro Baltimore (Mr. Stirling) in fractional part thereof over and above one-half, lieu of the one submitted by the gentleman and upon this principle and giving to each from Cecil (Mr. Scott) it is not now cornpecounty not less than two delegates; Allegany tent to strike out any portion of it. It can county shall be entitled to tour delegates; be amended by adding to it, but in no other Anne Arundel three; each of the electoral dis- way, unless by a vote to reconsider. tricts of the city of Balltimore one; Baltimore Mr. STIRLING. I move to reconsider the county eight; Calvert county two; Caroline vote by which my amendment was adopted. two; C(Jarroll four; Cecil three; Charles two; The question being taken, the motion to Dorchester three; Frederick seven; Harford reconsider was agreed to; upon a division, three; Howard two; Kent two; Montgomery ayes 34; noes 30. three; Prince George's three; Queen Ann's The question recurred upon the amendtwo; St. Mlary's two.; Somersetfbur; Talbot ment of Mr. Stirling to the amendment of two; Washington four; and Worcester three. Mr. Scott. SAMUEL IH. BERRY, Mr. STIRLING asked and obtained leave to R I. HI. EDEL.EN, withdraw his amendment. SThe question was then stated to be upon REGISTRATION OF VOTERS. the amendment originally proposed by Mr. Mr. ABBOTT submitted the followingreport, SCOTT. which was read: Mr. GALLOWAY.:And to that I propose to REPORT: offer an amendment: Strike out all after the The Committee on the Basis of Representa- word " that " in the first line and insert the tion, &c. &c., to which was refirred the pro- following: position of lMir. Clarke, of Prince George's, on " The levying of taxes by the poll is grievthe 9th instant, respecting the passage, by the ous and oppressive, and ought to be prohibited; Legislature, of a Registry Law for the whole that paupers ought not to be assessed for the State, respectfillly report favorably upon that support of the Government, but every other proposition, and ask the Convention to refer person in the State, or person holding properthe same to an appropriate Committee, with ty therein, ought to contribute his proportion instructions to report a suitable provision to of public taxes for the support of the Governbe incorporated into the body of the Constitu- ment, according to his actual worth in real or tion. E. A. ABBOTT, personal property; yet fines, duties or taxes SAML. T. HATCH, may properly and justly be imposed or laid PETER NEGLET, with a political view, for the good government Jos. B. PUGH, and benefit of the community. " J. D. CARTER, Mr. STIRLING. IS not the original article A. C. GiEENE, as reported before the House? - SAM'L H. BERRY, The PRESIDENT. It is,:wit pending amendR. H. EDELEN, ments. WASHINGTON A. SMITH. Mr. STIRLING. IS not the amendment of 215. the gentleman from Harford (Mr. Galloway) The PRESIDENT. If the House had not a substitute for the original article? substituted the proposition of the gentleman Thile PhESIDNT. It is submitted as an from Baltimore city (Mr. Stirling) in place of amendment to the amendment of the gentle- the one adopted on motion of' the gentleman man from Cecil (Mr. Scott.) i from Allegany, (Mr. Greene) thus effectualMr. GREENE. What has become of the ly removing that proposition fiom before the amendment I submitted? It appears frolm'iHouse, it would now be in order, as an amendthe Journal that my amendment was adopted ment to the amendment of the gentleman from by a vote of 45 to 38. Cecil. (Mr. Scott) Mr. STIRLING. That is so; and after it Mr. GREENE. I would state that when was adopted, I moved an amendment as a the amendment I submitted was adopted by substitute for it, which was adopted. This the House, it being in the nature of a substimorning the vote adopting my amendment tute for the original article, and accomplishing was reconsidered, and I then withdrew my the object the gentleman from Cecil (Mr. amendment. Does not that leave the amend- Scott) had in view, that gentleman withdrew ment of the gentleman from Allegany (Mr. his amendment. Greene) as the subject before the House The PRESIDENT. The Journal does not The PRESIDENT. The Chair will state his mention that. statem'ent. understanding of the rnatter. The original I Mr. STIRL.ING. The Journal as printed amendmen t was thie one submitted by thegen- now reads: tleman fiom Cecil, (Mr. Scott.) To that "The original amendment submitted by amendment the gentleman fiom Allegany Mr. Scott, to wit: (Mr. Greene) submitted an anlendment which "Strike out all between the word.' that' was adopted, and the question then was upon in the first line, and the word' every' in the the amendment as amended. Subsequently third line." the gentleman friom Baltimore city (Mr. Stirl.- Now the Journal stops, evidently showing ing) submitted a proposition in place of the that there is an omlission of something, and one which the House had inserted in the place that something is that the amendment of Mr. of the amendment of the gentleman from Ce- Scott was withdrawn. cil (Mr. Scott,) and tile House adopted it, Mr. HEBB. I move to amend the Journal thus disposing finally of the one submitted by by inserting after that portion which has just the gentleman fircm Allegany (Mr. Greene,) been read by the gentleman fiomn Baltimore which was thus removed entirely from before city (Mr. Stirling) the words " was withthe House. The question this mrorning was drawn by unanimous consent." upon the amendment of tile gentleman fiom'I'he PRESIDENT.. If the amendment of the Cecil (Mr. Scott,) as amended upon the mo- the gentleman from Cecil (Mr. Scott) be withtion of: the gentlemnant from Baltimore city. drawn, it being the original proposition to The amendment of the gentleman fiorn Bal. amend, and not disposed of by any vote of timore city having been witlldrawn, the ques- the I-louse, and all the others being amendtion now comes up on the amendment of the ments to that amendment, all the amendments gentleman flom Cecil, which has never been mnecessarily fall with it. disposed of by the House. Mr. STIRLING. -low can tile amendment lr. STIRLING. The gentleman from Cecil of the gentlenlan fiom AllegLany (Mr. (Mr. Scott) withdrew his amendment. Greene) be regarded as an amendment to The PRESIDENT. The Journal does not so the amendment of tile gentleman from Cecil, record it. The chair must be regulated by ('Mr. Scott) the one beinlg a motion to amend the Journal. The question now is upon the a portion of the original article, and the other original amendment proposed by the gentle- being a substitute for the entire article? man fromn Cecil, which is susceptible of fur- The PRESIDENT. The one was submitted ther amendment. And the amendment of the as an amendment to the other. T'he Chair did gentleman fiomn Harford (Mr. Galloway) is not ftel called upo:! to decide whether it was submritted in the form of an amendment to properly an amendment to the amendment, the amendment of the gentleman from Cecil, or a substitute feor the whole article, but left (Mr. Scott.) that for the H-louse to decide, which it did by Mr. DANIEL. The amendment of the gen- receiving it and voting upl)n it. Tile Chair tleman froln Allegany (Mr. Greene) having would remark, howfever, that strictly speakbeen adopted, it took the place of the amend- ing, there is no such thing known in parliament of the gentleman from Cecil, (Mr. mentary law as a substitute for a pending Scott.) The amnendment of my colleague, proposition. All changes made in a pending (Mr. Stirling) which was submitted in place proposition must be in the nature of amendof that of the gentleman from Alleghany, nents, by way of striking out a portion, or having been withdrawn, does not the question inserting or adding to it additional words, or come up on the amendment of the gentleman striking out a portion and inserting other from Allegany, which I think was decided words in place of those stricken out. But in yesterday to stand in place of the article orig- that case there must always be left a portion inally reported by the conlmittee. of the original proposition, if but one word, 216 to which can be added what is proposed to be but the Chair did not feel inclined to decide inserted in place of that which is stricken out. that point, unless called upon by the House M1. CLARKE. I find upon page 105 of the to do so, but left the House to determine Journal the following entry: whether they could receive it as an amend"Mr. Scott submitted the following amend- ment to an amendment. ment: Mr. BELT. I take it the object of the "' Article 14, strike out all between the word gcntleman fiom Cecil, (Mr. Scott,) in offer-' that' in the first line, and the word' every' iog his amendment was to strike fiom the arin the third line. ticle as reported by the committee that portion'" Mr. Daniel submitted the following prohibiting the levying of taxes by the poll. amendment to said amendment." Now the gentleman from Allegany, (Mr. And the amendment of the gentleman from Greene,) offiered an amendment which was Baltimore city, (Mr. Daniel,) is set forth at adopted, but not adopted as the article but large. The amendment to the amendment only adopted quoad as the amendment. The was rejected, then the gentleman from Alle- gentleman from Baltimore City, (Mr. Stirgany, (Mr. Greene,) submitted an amend- ling,) then moved still further to amend, by rnent to the amendment of the gentleman substituting his proposition in the place of from Cecil, (Mr. Scott,) which, on page 109 that, which was agreed to. When the Conof the Journal, was adopted in lieu of Mr. venition resumed the consideration of the subScott's proposition, and which was then finally ject this morning, the position of' affairs was" disposed of: this; the H-louse had agreed to the proposition The PRESIDENT. Not until the House had of the gentleman from Baltimore city as an taken action upon the original proposition to amendment, and the question was, Shall this amend as amended, the adoption of an amend- artitcle as amended be plassed? The House ment to the amendment did not supersede the has permitted the gentleman fiom Baltimore necessity of taking a vote upon the amend- city to withdraw his amendment, anld I conmerit as amended. tend that the consequence of' that withdrawal Mr. NEGLEY. My recollection of the mat- was to restore the question exactly as it stood ter is precisely in accordance with that of tlhe when the vote was announced upon the adopChair. The gentleman from Cecil, (Mr. tion of the proposition of the gentleman from Scott,) submitted an amendment to this 14th Allegany; and the question is-Shall the article. To that were offered sundry amend.- marticle, as amended upon tile motion of the ments, which were severally voted down, gentleman from Allegany, (Mr. Greene,) be until the amendment of the gentleman from passed? Allegany, (Mr. Greene,) was offered, which Tne PRESIDENT; In that case how is the was adopted by the House. amendment originally offered by the gentleman The PRESIDENT. And the question then fi-om Cecil, (Mr. Scott,) to be disposed of? was upon the adoption of the amendment as Mr. BERRY, of Baltimore county. Does amended. the Chair refer to the original amendment subMr. NEGLEY. Yes sir. And the gentleman initted by Mr. Scott, on page 105 of the Jourfrom Baltimore city, (Mr. Stirling,) subrit- nal? ed his amendment which being adopted, took The PRESIDENT. Yes, sir. the place of the amendment of the gentleman Mr. BERRY, of Baltimore county. I would from Allegany, (Mr. Greene,) and itself' be- like to have the manuscript Journal read, fbr come an amendment to the amendment origi- I understand that that shows that the amendnally proposed by the gentleman from Cecil, ment of the gentleman fiom Cecil was with(Mr Scott.) The amendment of the gentle- drawn. man from Baltimore city having been recon- The PRESIDENT. If it was withdrawn it sidered and withdrawn from the position it would have carried the proposition of the genoccupied as an amendment to the one offered tleman from Baltimore City, (Mr. Stirling,) by the gentleman from Cecil, the amendment with it. of the gentleman from Cecil came up for the Mr. SCOTT. How would the question stand action of the House, and the gentleman firom if I withdraw my amendment? Harford proposes to amend the amendment of The PRESIDENT. The amendment of the the gentleman from Cecil by the amlendment gentleman from Cecil, (Mr. Scott,) being the which has been read. original amendment, and all the rest but Mr, STIRLING. I do not understand how an amendments to that amendment, if it be now amendment to strike out two lines can be withdrawnl, all the other amendments go with amended by a proposition to strike out the it, and the question is left upon the article as whole article. Suppose a member moves to orig nally reported by the Committee. strike out the words " General Assembly," Mr. hEaa. I have moved to amend the and another moves to strike out the entire ar- Journal so that it will read thiat the amendticle, and substitute something else in place of mnent of the gentleman from Cecil was withit. The one is evidently not an amendment drawn. to the other. Mr. BERRY, of Baltimore county. I second The PRESIDENT. The gentleman is correct, the motion. 21 Mr. SCOTT. I will not ask to have it with- ing it in place of the original proposition to drawn, if the result is to be what the Chair amend. Having been adopted, it can only be has stated. amended by adding to it; but it is not comMr. CLARKE. Before we determine to petent to move to strike out what the House amend the Journal, 1 would like to know how has declared deliberately its purpose to put in. the question would then stand. Mr. NEGLEY. The amendment of the genThe PRESIDENT. The withdrawal of the tleman from Baltimore city (Nlr.Stirlin') havoriginal proposition to amend disposes of all ing been withdrawn, after the vote- adopting pending propositions to amend, and leaves the it having been reconsidered, the question was article as it was reported by the Committee, I upon the original amendment offered by the and subject to amendment. gentleman from Cecil, (.lr. Scott.) To that iMr. CLARKE. Then I object to the amend- amendment the gentleman from Harford (Mr. ment of the Journal. I would rather vote Galloway) moved an arnendmnent, and the upon the question as it now stands. i question is now upon that amendment to the The PRESIDENT. The House can relieve it- amendment. self fi'om its difficulties by voting down the e hat is the question The PRESIDENT. That is the question now pending amendments, when the question will before the -ouse. come up on the article as originally reported, Mr. NEGLEY. 1 hope it will be adopted, wbich will then be open to am-endmlents. for it varies but little from the article as orilr. CLARKE. Is it necessary to vote upon ginally reported. It substitutes the word an article upon its second reading unless the prohibited" for the word abolished'" at the prpevious question is called upon pending pre~vious question is called upon pending~ end of the first clause, and leaves out the amendments? For instance, when the propo- words " on persons or property" in the last sition of tile gentleman from Alleglhany, (M-r. }clause. In every other respect it contains the Greene,) was adopted, it become the 14th words and spirit of' the original article. And article of the report, and there was no occa- those of us, therefore, who were in favor of sion for a vote upon it, unless other amend- tile article originally reported by the Commitments were offered to it,; and the previous tee on the Bill of Rights, can obtain what we,question was called upon the pending amend- desire, by voting for the amendment of the e desire, by vo ting for the amendment of the mernts. 1 gentleman fiom l-larford, (Mr. Galloway.) It Mr. STIRLING. The proposition of the has been fully discussed, and I believe we have gentleman from Alleghany, (Mr. Greene,) all made up our minds on it. was adopted not as the article, but in place of MAlr. IWEBB. What. has become of rly motion the amendment of the gentleman from Cecil, to amend the Journal, so that it shall read (Mr. Scott.) Some members may have voted that the amendment of the gentleman from for the proposition of the gentleman from Al- Cecil (Mr. Scott) was withdrawn? leghany, because they wanted to thereby get BMr. SCOTT. I do not desire to have my rid of the one submitted by the gentleman amendment withdrawn.. from Cecil; while they would have voted The motion to amend the Journal not beagainst the proposition of the gentleman from ing pressed to a vote, was tacitly passed over. Alleghany had it been brought forward as an Mr. GALLOWAY. I feel a delicacy in obindependent proposition to stand in the place truding myself upon the attention of the House of this 14th article. I know that it did so at this time; but I desire to say a few words, get votes, merely as a substitute for the and but a few in favor of the amendment I amendment first offered. And I understand have offered. In preparing this amendment the Chair to rule that after a proposition is 1 tried to adhere as closely to the original artiadopted it cannot be amended except on the le, as it came from the hands of the committhird reading by permission of the House tee, as I possibly could, and I have therefore under the rules. made but two or three changes in the words The PRESIDENT. It can be amended by of the article. This article is one which has addino to it; not by striking out any portion mnet with the approbation of the people of this of it T.his was the case this morning; the State for a long period of time. It is adapted question was upon the amendment of' the to every section of the State, and I have never gentleman from Cecil, (Mr. Scott,) as amend- yet heard a single murmur uttered against it. ed by putting in it the phraseology of the pro- And even when some four or five years ago position of the gentleman firom Baltimore the question of calling a Convention was precity, (Mr. Stirling.) The gentleman from sented to the people, they voted it down, Harford, (air. Galloway,) moved to amend showing clearly that they had no objection to the proposition as amended, by striking out this article at that time, or any other article in all after the word at the commencement, and the Declaration of Rights or the Constitution. inserting other words which he proposed. Now if there is a disposition here to impose The Chair ruled that out of order, as it was a capitation tax, or in other words a poll tax, not competent to move to strike out what the I do hold that such a tax is grievous and opHouseby its vote had declared should be in- pressive, and ought to be prohibited. It is a serted. The only way that could be accorn- tax upon our young men, who own no proplished was by reconsidering the vote adopt- perty, and who stand to-day as the safeguard 15 218 of the people of Maryland; for I say that 80 Mr. CHAMBIERS. That being the case, I per cent. of our young men are. now in the shall vote for it, because I am for the article armies of the United States battling with our as originally reported, and if I cannot get foes, and it would be hard and oppressive if a that, I wili vote for the one as near it as I tax of this kind should be levied by our legis- can get. I vote-aye lation upon that class of' our people. I hope Mr. MATARURY. Believing as I do, that this the amendment I have proposed will be proposition is substantially the same as the adopted. one reported by the committee, I vote-aye. Mr. CLARRE. I would ask how are we called So the amendment to the amendment was on to vote. If 1 understand the decision adopted. of'the Chair, the amendment of the gentleman The question recurred upon the amendfromn Cecil (Mlr. Scott) is still before the house, ment as amuended. and that the proposition of the gentleman fiomn Mr. DANIEL. I move to amend this amendHarford (Mr.Galloway) is offered as an amend- ment by substituting' for it the one proposed ment to that, and that it is not now in order by the gentleman from Allegany, (Mr. to offer any other amendment. Greene). The PRESIDENT. The gentleman is cor- iMr. CHAsIBERS. Allow me to make a sugrect. gestion, which I do for the benefit of those Mr. CLARKE. After we have voted upon gentlemen who have no amendments to offer. the amendment of the gentleman from Har- I would suggest that as they have just now ford, will it then be in order to offer the pro- expressed their sense, that the proposition position submitted the other day by the gern- originally reported by the committee, contleman from Allegany (Mr. Greene) by way tains a principle which they approve, thereof an amendment? fore these additional amendments and propThe PRESIDENT. If the proposition of the ositions should all be withdr'awn, or if gentleman from Helrford (Mr. Galloway) is offered, should be voted down, and let us voted down, the question will then be upon adopt the original proposition. That will the-original proposition to amend submitted save a great deal of time, and perhaps some by the gentleman fiom Cecil (Mr. Scott) which trouble, and I suppose will express fully will be open to amendment. what the majority of this Convention desire Thc question was stated to be upon the to have in their bill of rights. amendment to the amendment Mr. DANIEL. I move to amend the amendUpon that question Mr. Galloway called the ment by striking out all after the word yeas and nays, which were ordered.' that" in the first line, and insert the folThe question being then taken, by yeas and lowing: nays, it resulted, yeas 43, nays 37, as fol-': That paupers ought not to be assessed lows: for the support of the government, but every *Yeas-Messrs. Abbott, Annanc Audoun, person in the State holding property therein, Baker, Barron, IBillingsley, Blackiston, ought to contribute his proportion of public Brooks, Chambers, Cunningham, Davis of taxes for the support of the government, acWVashington, Dellinger, Ecker, Edelen, Far- cording to his actual worth in real or perrow, Galloway, Harwood, Hoffman, Hop- sonal property; and files, duties or taxes kins, Keefer, Kennard, King, Larsh,Marbury, may properly and justly be imposed or laid Mackey,McComas,Mitchell, Morgan,Murray, on persons or property for the good governNegley, Nyman, Parran, Parnell, Russell, ment and benefit ot the community; proSands, Schley, Smnith of Carroll, Stirling, vided that no catpitation tax shlall be imposed Sykes, Thomas, Todd, Valliant, Wooden as a qualification of the e xercise of the right -43. of suffrage." Nays-Messrs. Goldsborough, President; That is the proposition which was subBelt, Berry of Baltimore county, Berry of mitted by the gentleman from Allegany, (MIr. Prince George's, Bond, Briscoe, Brown, Car- Greene) and which the Convention adopted ter, Clarke, Crawford, Daniel, Davis of on yesterday. Charles, Duvall, Earle, Greene, Hebb, Hen- The PI.eSImrEN1. Tile Chair must rule the kle, Hodson, Hopper, Horsey, Jolhnson, Jones proposed amendment to be out of order. It of Cecil, Jones of Somnerset, Lansdale, Lee, is inconsistent with the action of the ConMiller, Mullikin, Noble, Parker, Pugh, Rob- vention, which has by the vote it has just inette, Scott, Smith of Dorchester, Sneary, given on the proposition of the gentlehman Thruston, Wickard, Wiluner-37. from Harford, (Mr. Galloway) expressed dePending the call of the yeas and nays, ex- liherately its intention that tlhat proposition planations were made, as their names were shall stand. And it cannot be amended now called, by the following gentlemen: by striking out any part of it; it can only Mr. CHAMBERS. I understand that this pro- be amended by adding to it. position brings the article in the bill of rights Mr. CLARNE. The vote just taken was substantially to that which was reported by upon the amendment proposed by the genthe committee. tieman from Harford (Mr. Galloway) to the The PRESIDEN-T. Thegentlemanis correct. amendmn:nt offered by the gentleman firon 219 Cecil, (Mr. Scott.) Before that vote was amendment3 which were rejected; on page taken it was not open to amendment. We 111 of the Journal, I find that " Mr. Stirling have adopted the amendment of the gentle- Submitted the following amendment to the man from Harford, but as I understand, we amendment last adopted," to strike out all have not yet voted upon the amendment of after the word "that" in the first line, and the gentleman from Cecil. Now the House insert the words which appear as his amendis in this condition well, I do not ment. Now immediately upon the adoption know what condition it is in; I do not know of tne amendment of the gentleman from where the proposition of the gentleman from Alleghany (Mr. Greene) I withdrew my amendCecil is, As I understand it, the House hav- ment, a the instance of the Chair. I supposed ing adopted the amendment of the gentleman that by withdrawing that, that would leave from Harford, the question is now upon the the amendment of the gentleman from Alleamendment of the gentleman from Cecil, as vany (Mr. Greene) to stand substantially as amended. Now there being but one amend- article 14, and that is the way I think it ment pending, the gentleman from Baltimore should appear upon the Journal. city (Mr. Daniel) offers an amendment before Mr. GRImEENE. We are now in precisely the the vote is taken upon the amendment as same condition after the adoption of the proamended. position of the gentleman from Harford, (Mr. Thie PtESIDENT. The gentleman moves to Galloway) that we were in yesterday after strike out what the House has just adopted, the adoption of my amendment. The whole which is not in order. difficulty arises from this fact; the amendment Mr. DANIrL. Then I move to strike out all of the gentleman from Cecil (Mr. Scott) was in the amendment of the gentleman from Hat- simply a motion to strike out. MIv amendford (Mr. Galloway) between the word ment was also a motion to strike out, and in" that" in the first line, and the word " that" eluded thie whole idea of the other amendment, in the fourth line. besides the motion to insert, and my amendThe INRESIDENT. It is not in order to move ment being adopted became the 14th article to strike out either the whole or any part in the hill of rights. of any proposition which the House has The PaRESIENT. The amendment of the adopted. gentleman from Allegheny (Mr. Greene) stood Mr. I-lEBB. That is the very point I raised the same as that ot the gentleman from Haryesterday, when the proposition of my col- ford, (Mr. Galloway) as an amendment to an league tIMr. Greene) was adopted. I took the amendment; it was so offered, and the Chair ground that it was the judgment of the Con- did not {eel called upon to decide that it was vention that that should stand as the article, improperly offered, but left that for the House and therefore, no motion to strike out wmms in to determine. After it was adopted by the order. As I understand, the chair now rules itouse, the question then came up on agreethe proposition of the gentleman from Balti- ing to the amendment as amended. more city (Mr. Daniel) to be out of order. Mr. ScoTv. Is it competent to correct the TIE PRESIDEN'I. The Chair decides that the Journal in any way? amendment which has been adopted can be Mlr. STIRINGC l raise the point of order added to; but it is not in order to move to that the whole of this discussion is out of strike out any portion of it, because thejudg- order, the House having adopted the proposiment of the house has been passed upon it. tion of the gentleman from Harford, (Mr. Ma. Blmvr. On yesterday, after the propo- Galloway) and the Chair having ruled the sition of the gentleman from Alleghany, (Mr. amendment of my colleague (Mr. Daniel) to Greene) had been adopted, and the judgment be out of order. of the House expressed in favor of it, how was Mr. DANIEL moved that the Convention do it allow.able for the gentleman from Baltimore now adjourn. City (Mr. Stirling) to move to strike out all The question being taken on the motion to after the word'"that,'' which was done. adjourn, it was not agreed to. The PRESIDENT That was wrong. The PRESIDENT. The proposition of the M 1. PurPu. The question is upon the amend- gentleman from Harford, (Mr. Galloway I ment as amended. having been adopted as an amendment to the The PRtEStIDENT. The amendment of the proposition of the gentleman from Cecil, (Mr.. gentleman from Cecil,.(Mr. Scott) as amended, Scott,) the question is now upon agreeing to is now before the Ilouse for its action. the. amendment as amended. Mr SCOTT. There is evidently some mis- Mr. CLARKE. Is it now in order to offer an apprehensionm or mistake somewhere. I have,amendment to that proposition? taken no part in this discussion, because I The PRESIDENT. It is not in order to mova have preferred to hear what others had to say, to amend by striking out any part of it; But on page 108 of the Journal, I find Mr. but it, can be amended by additions to it. Greene's proposition recorded in these words: Mr. BEhLT. I understand the effect of toe. "Strike out article 14, and insert the follow- decision of the Chair to be this: that ha:nn-, ing as article 14," which was adopted by a adopted the proposition of the gentleman vote of 45 to 38. Then there were other from Harford, (Mr. Galloway,) the House is. 220 now precluded from altering that proposition styled a poll tax, all I desire is to leave them by striking out any portion of it. free to do so, and tn:at is the only effect which The PRESIDENT. The gentleman is correct..the amendment originally proposed by my;Mr. HEBB. I wish to ask a question for colleague, (Mr. Scott,) willhave. information. If the proposition of the gen- Now, although the question is not at tleman from Harford, by being adopted by present before this Convention, still I may the Convention, absorbs that of the gentle- as well state now why I aim so earnest in man' from Cecil, why did not the proposition favor of a school system, and wahy I am in of my colleague, (Mr. Greene,) when adopted favor of so framing this Constitution as not by the Convention, also absorb the proposi to fetter the Legislature in respect to protion of the gentleman from Cecil? viding the means for making such a system The PRESIDENT.: It did; but the Conven- self-sustaining. tion did notask the opinion of the Chair upon Mr. STIRLING. Is the gentleman in favor that point. of so fettering the Legislature as to compel Mr. PUGH. There has. been a very general them to establish a school system? expression of views here in'regard to this Mr. PUGH That question is not now bequestion of a poll tax, and as I have so far fore the House; when it comes up for decipursued a course in opposition to the provi- sion I shall be ready to take my position sion in this article in relation to that subject, upon it. All I wish is to leave this matter I wish to state my reasons for so doing. In to the discretion of the Legislature. If, in the first place,: I deny the statement that a their view, it is proper to establish a school poll tax is grievous and oppressive, and I s stem for the State of Maryland, then they have seen and heard nothing here which has tmust provide some why to make it self-susany-tendency to make me change that opin- taining, otherwise it will be of no account. ion. I stated- yesterday that I had lived Gentlemen say that there is already a school where there was such a tax in existence. By fund in this State; or, if there is not one the way, I have nothing whatever to say provided it can be (reated. Now, having about the reasons those who first incorpo- had some experience in that matter, I know rated that statement into the bill of rights that such a way of' sustaining a school syshad'to do so; I know nothing about that. tem will not work in this State. It has not They stated in positive terms that a poll tax worked in Virginia, it has not worked in is grievous and oppressive. I do not know Pennsylvania, and it will not work in any why'they stated that. But as a fact I de.. State, unless the fund is very large, which is ny it. not the case in this State; and the best school -But, my objection to having such a provi- systems in the country are those supported sion in the Constitution of Maryl nd is, as by a system of direct taxation. Then they has been stated heretofore, that by such a become self-sustaining; everybody is interprovision we fetter the hands of the General ested in upholding the system; every man in Assembly, and deprive them of the right, the community has an opportunity to assist which they have in all other respects, to raise int maintaining it; or, it seems to me, it might revenue in any manner which to their judg- be so provided as to impose an obligation on ment may seem the best for the general good. him to sustain it. As has been very pertinently remarked here, Now it is fEir to suppose that the LegisI have just about as much confidence in any lature of Maryland, to assemble after we adone hundred men of the State of Maryland journ, will [be actuated, to some extent, by assembled here to make laws, as I have in the same views and sentiments which this any other one hundred men in the State, and Convention entertains; and if so, then they there has been nothing urged here to confirm will know perfectly well that it would be but the assertion that, unless this restriction is a fhrce to declare Maryland a free State, and imposed, the Legislature, when it assembles not provide a free-school system for the State. here, will pass any law grievous and oppres- I believe, as firmly as Ibelieve anything, that sive upon the people. If it shall appear to the strongest safeguard which the institution that:Legislature, as it seems to appear to a of slavery has in any State where it exists is majority of this body, that such a law will the deprivation of the mass of the people of be grievous and oppressive, then they will a system of' common school education. And -not pass the law. I have just as much con- I believe, also, that the greatest safeguard of fidence in them as the majority of the people the freedom of Maryland, provided she shall have to-day in us, and I object to this pro- be made a free State, will be a system of pophibition, this restriction upon the Legisla- ular education. And supposing as I do that ture, because if in their judgment the people those who may hereafter represent the people of: the State of Maryland are sufficiently of. the State of Maryland, as members of the burthenedw-ith other systems of taxation, and General Assembly, will.see this matter as we the only way:in which they can make a gene- see it, will see that it is better for Maryland ral system of school- education self-sustain- to be a free State, I believe they will also ing, or if in their judgment, the better course see that the only way of maintaining Maryto adopt, is to impose:a tax which may be land as a free State, will be to provide and 221 maintain a system of general and universal The question was upon the amendment to education. And because, in my judgment, the amendment. it may and will happen that the Legislature Mr. STIRLING. I do not rise for the purpose will so regard this matter, that is, that there of discussing this question, but merely to is no way of maintaining Maryland as a free explain my reasons for voting against the State but by educating all the people.- I de- amendment to the amendment, and to allude sire that they shall not be fettered in this re- to one or two remarks of the gentleman from gard; and if they shall thinkit better for the Cecil (Mr. Pugh.) I have never said, never interests of the whole State to impose this or supposed, that the objection -to striking out any other tax to make the system of educa- the first clause of this article as reported by tion enduring and self-sustaining, there shall the Committee on the Declaration of Rights, be nothing in this Constitution to prevent was because it had anything to do with the their doing so. These are the reasons, and right of suffrage; and if that has been said, the only reasons why I support the amend- it has been said as much by the one side as ment of my colleague (Mr. Scott) to strike the other upon this question. The gentleout the first clause of this article as reported, man fiom Allegany (Mr. Hebb) moves to inby the committee. sert the words " as a qualification for the Now, in saying that, I do not take back. exercise of the right of suffrage," when everyone jot of my original statement, that it is body knows that the Constitution fixes the not true that taxes by the poll, are, in them- qualifications for the right of suffrage, and selves, necessarily grievous and oppressive. there is no use in putting those words in. And the reason why a large number of the Now if' there is any kind of tax that can be citizens of' Maryland are to-day under that levied for the purpose of equalizing the burdisabuse of judgment is because demagogues: dens of taxation, and, as the gentleman from all over the State are constantly trying to Cecil (Mr. Pugh) urges, to support a system make them believe that such is the case. I of public schools, let it be levied; there is no believe this question has never been used for prohibition of that in the article as reported any other purpose than to accomplish some by the committee. But what is taxation by party end. And I believe that the vote here the poll? It is a tax laid on every head, irin the last Convention, upon that subject — respective of the brains, body or property although I do not know all the members- belonging to that head. There can be no was given with a view to party purposes; doubt that taxation by the poll is simply and that members of either side favored or taxation by the head, irrespective of any opposed the proposition because they could other circumstances; that is the necessary thereby pander to the prejudices of thepeo- meaning of it. Gentlemen urge that there pie whom they represented, and tell them~ should be some system devised by which a that in so doing they had been protecting cer- particular class of people, the young men of tain rights of theirs, when their rights had, the State, may be taxed. Now that may or never been in danger ofbeing interfered with. may not be taxation by the poll. If the Now a poll tax is not necessarily an inter- Legislature believes that there is a certain ference with any of the rights of the people. class of people in the State of Maryland who There is nothing in the proposition of my receive benefits from the government, and colleague (Mr. Scott) which says that such a ought to contribute somethinf for its suptax, if imposed, shail be a tax upon the elect- port, it may or may not reach them by taxaive franchise; and all that talk, therefore, to tion by the poll. which we have listened in this Convention, But the proposition that taxation by the amounts to just nothing at all. A man can poll, or support of the government by tax as vote just as well if a poll tax is imposed upon levied on everybody, irrespective of what they him, as if it was not. are worth, is grievous and oppressive, is as Now I believe the proper course for the true a proposition as can be announced; is members of this Convention to pursue, is to as plain as the sun in the heavens at noongo home and tell their constituents that it is day. Now if a tax can be levied, not by the not true that a poll tax is oppressive and poll, not on everybody, irrespective of all grievous; that that is only the statement of considerations and circumstances, then that the demagogue. I do not pretend to answer is not taxation by the poll. But I say the for the constituents of other gentlemen; but imposition of a tax at so much a head on I know this, that such white men are ex- everybody, is grievous and oppressive. Suptremely scarce in the section of the State from pose you say that each person in this State which I came. I have never heard of one of shall pay a tax of one dollar,. One man is the people there who was not willing to do confined to his room with a broken leg, or is what little he could for sustaining a uni- sick and has laid upon his back for ten years, versal system of education, - is a bed-ridden man. If you make him pay Mr. HEBB. I move to amend the amend- the same tax as a hearty strong man shall ment, by adding after the word " poll," in pay, then that tax is grievous and oppresthe first line, the words'" as a qualification sive, find necessarily so. If it is levied utterly tor the exercise of the right of suffrage." irrespective of the circumstancesof the man, 222 if there is not some discrimination in regard would not, in my opinion, raise $5,00(0 by a to cirx cumstances, then it must be oppressive. capitation tax, and yet you would incur all If it is a tax that does not bear upon every- the odium and unpopularity of such a tax body irrespective of circumstances, and is for the sake of something which would amount passed with a political view for the good of to nothing after you had got it. Is thereany the community, then it does not come with- difficulty now in levying all necessary taxes in the prohibition of this article. for the support of schools? Have not the Now if we strike out that provision-one Legislature amlple power to do that now that has remained in our Constitution since without resorting to a capitation tax? And it was adopted in 1776-that will give the there would be no mode of enforcin- such a idea to the people of the State that we are in tax, unless by a constitutional provision it favor of equal individual taxation. Now I was made to operate in connection with the am not willingq to strike any such provision right of suffrage. If you should provide that out of the bill of rights. Now I submit to no man shall vote unless he paid a tax of one gentlemen whether they do not endanger the dollar or five dollars, then you would htave a whole Constitution by striking out this pretty stringent mode of enforcinyr a capitaclause, which simply amounts to the plain tion tax. But unless you did that it would proposition that taxation levied on every amount to nothing, because you could not man without respect to person or property, enforce it. You can only enforce such a tax is grievous and oppressive? Under despotic by some such means as that. or by requiring governments in Europe, it has been custorn some personal service of those who did not ary to levy a tax upon every head, even pay and who had no property upon which the upon the heads of the poor man's children, tax could be levied. And that is the reason so that the more children a man had, the why taxation by the poll is grievous and opmore taxes he was compnelled to pay. And pressive on people who have no property, tor it was to remonstrate against such a system oi the only way you could enforce such a tax is taxation that this clause i, placed in the Con- by compelling those who did not pay to renstitution, with the declaration that taxes dersome service to the State, or by depriving should be levied according to circumstantial them of some right which otherwise they differences, and not upon every person irre- would enjoy; and in despotic countries, where spective of all differences in circumstances. people are forced into the army in times of And upon whom is this tax to fall? Upon petace, the mode employed to enforce such a the young men of the State. What is their tax is to compel a man who does not pay a condition; what is the condition of the certain amount of taxes to go into the army young men in every State, in the State of and render military service. And the only Maryland'? It is a condition where they are mode of enforcing a tax upon the head is to rendering such services, that those who own make military service the penalty for not payproperty in the State are enabled to sleep ing it, or to make something else a )punishquietly upon their feather beds and spring ment for not satisfying the demands of the mattresses, in consequence of the protection law imposing the tax. And in this country afforded by those very rmen who own no the levying such a tax would amount to nothproperty. And it is now proposed to strike ing unless there was connected with it the out this provision which has existed since forfeiture of the right of' suffrage as a pen1776, in order to tax those young men -lho alty for fnot paying it; and then the desire ot have no children for the purpose of educat- men to vote would be so strong that they ing the children of other people, and compel would probablv come up and pay the tax. them to render a further s'acrifice than that Mr. DANtEL moved that the Convention do they are now rendering. now adjourn. Mr. PUGH. Does the striking out of that MIr. BAnRRON. I hope not. We have now provision say that such a tax shall be irn- beeu three days discussing this question, and posed upon them? are three days farther back than when we Mr. STIRLING. I want to plant in the Con- started. Let us have a vote and see if we stitution an absolute negation of the exercise cannot get ahead a little. of any such power by the Legislature. The motion to adjourn was then withdrawn. Mr. CLARKE. I would ask the gentleman The question was then taken upon the ntoit his argument would apply to these young tion of Mr. Hebb to amend the amendment as men after the war is over, and they have re- amended by adding after the word "poll" in turned to their peaceful avocations? the first line, the words' as a qualification Mr. STIRLING. Certainly it would, for they for the right of suffrage," and it was rejected. would still be liable to military duty when- The question then recurred upon the amendever such duty is required, whereas the vtast ment as amended. majority of the people who own property Mr. BaRscoE. I have from the very comare over the military age. It is time enough mencemnent voted against every proposition when a man has children of his own to tax which would authorize the legislation to irmhim for their education. And what amount poseapolltax. Iam from principle, andfrom would be produced by such a tax? You a desire to adhere to the example set by our 223 fathers, opposed to that kind of legislation, that opportunity is afforded to members, the In regard to this amendment, I notice that in result of all votes will depend upon the inathe latler clause there is a slight departure pression which the Chair imay have upon the from the phraseology of the article as it came -ubj~ct, whether correct or not. from tile commrittee; the words "on persons IMr. JONES, of Somerset. I merely desire or prolierty " are omitted in. this amendment. to say that I believe the usual way in which Mr. STIRLING. I wo uld state that the amend- the Chair announces the impression produced ment of the gentlemlan fiom HarCord (1Mr. by the sound, is that " tle ayes appear to Galloway) differs from the original article re- have it "-then after a pause, if' no member ported by the committee in but two partien- of the House asks a division, the announcehlars; the wovd''abolished " is replaced by mentis made-' the ayes have it," and vice the word " prohibited," and the words "'on versa. persons or property" are omitted i the lest Mr. BERRy, of Biltimore countr. I move clause. In respect to the last cltuse the omis- that the vote last taken be ieconsidered. sion of those woids brings the article back to The motion to reconsider was.agreed to. the condition in wllich it was in the declara- The question then rccurred upoIn agreeing tion of rights of 1776. In theconvention of' to the namendment as aenlded. 1850, the committee on the declaration of Upon this question Mr. SANtScalled For the rights relported this artitle awithout the clause tyeas and nays, which were ordered, and being pronouncing the levying of taxes by the poll, taken, resultd, yeas 50, niys 29; as fs ollowsas grievous arndo;)piessive, in place of which c.as-Mlessrs. Abbott, Aunin Audoun, they inserted in the last clause the words' on Baker, Brron, Berry of Baltimore county, persons or property." The Convention re- Berry of Prince George's, Billingsley, Biackstored to the article the clause relatig to the iston, Briscoe, Brookls, Brown, Chambers, levying of taxes by the poll, and also left in Crawford, Cunnighnam, Dellinger, Duvall, the words' ont persons or property " which Ecker, Edelin, Farrow Galloway, Harwood, had been iuserled by the committee. This Hoffman, Hopkins, Horsey, Keefer, IKennard, mimendment strikes ott those words. thus leav- King. Larsh, Marbury, Ma'lkoy, Nle(omas, ing the article to stand precisely as it did in Mitchell, Morgan, Murray, Negle-, Nyman, the Constitution of 1776, with the exception Parran. Purnell, Russell, Sands, Schley, of substituting the word "prohibited" for Smith of Carroll, Stirling, Sykl(s, Thomas, the wortd lbolished " in the first clause. Tltrtston, Todd, Wilmer, Wooden —50. Mr. SCOTT. Is it competent to move to Nays —Messrs. Goldsborough, President: amend the Journal, or to withdraw my amend- Belt, Bond, Carter, Clarke, Daniel, Davis of ment? Charles, Davis of Washingtan, ELarle, Greene, The PRESIDENT. The withdrawal of the Hebh, fIenkle, Hodson, Hopper, Johnson, gentleman's amendment would involve also, Jones of Cecil, Jones of Somerset, Lansdale, the withdrawal of the other aimendment and Lee, )Miller, Mullikin, Parker, Pugh, Robleave the article as reported by the committee. inette, Scott, Smith of Dorchester, Sneary, The Convention, however, can grant the gen- Valliant, Wickard-29. Ilemran permission to withdraw his amend- Pending the call of the yeas and nays, ment, if they think proper to do so. Mr. VALLTANT, when his name was called, The question was then taken upon agree. said: It has become absolutely necessary that ing to the amendment as amended. I should explain my vote. When the vote The PImESIDENT announced that the amend- was taken upon the adoption of the amendment as amended 9was not agreed to. ment of the gentleman from Harford (Mr. GalMr. STIRLING called for a vote by a division lo ray) to the amendment of the gentleman of the [louse. from Cecil, (Mr. Scott, ) I at first voted " no,'' The PmRi;SIDcENT. It is too leat. to call for a and then, under a olisapprehension, I changed division upon the question after the resllt of' my vote to'aye," in favor of his amend ment. the vote has teen announced by the Chair. I now vote "no." Mlr. STIRLING. Then I must appeAl. from The amendment, as amended, was accordthe decision of the Chair, for I am satisfied ingly adopted. that the tannounceement was incorrect. Mr. BaRRON moved that when this ConvenThe PaESIDINT. The gentleman must see tion adjourns to-day, it be to meet on Tuesthat the only way in which the Chair can de- day next. terniinie how the vote has resulted, is by the Mlr. DANIEL moved to adjourn to 1Monday impression produced by thle voices of those next. voting. It might well happen thitat soml(e The question being taken on the motion of gentleman cn the floor should receive a dif- Mr. Barron, it was rejected. fement impression from the Chair. The motion of Mr. Daniel was then agreed Mr. STIRLING. The Chair -announced the to. result of the vote so soon that no member had And the Convention accordingly adjourned an opportunity to call for a division. Unless until Monday next, at 11 A. M. 224 TWENTY-SECOND DAY.; would be of some use to the members, inasmuch as it is proposed to make some differMONDAY, May 30th 3164. ence in the salaries of officers, the librarian The Convention met at 1 1 A. M. armon' the rest. Prayer by the Rev. Mr. McNamar. The question being taken upon the order, Present at the call of the roll the following it was not agreed to. members: Mr. GALLOWAY, from the Committee on Messsrs. Goldsborough, President; Abbotti Accounts, sutbmited the following, which Annan, Batrron, Billingsley, Pond, Brown, was agreed to: Carter, Chambers, Crawford, Cushing, DailI REPORT. Davis of Charles, Davis of Washington, Del- iTo the Honorable the President of the Conlinger, Earle, Ecker, Ebdelin, Farrow, Gallo- vcntion: way, Harwood, Hatch, Hehb, Holly day, Hop- The Committee on Accounts in obedience kins, Johnson, Jones of Somerset, King, Lee to the orders of this Convention, respectfully Mace, McComas, Mitchell, Miller, ul llikin, report, that they have examined the claims of Murray, Noble, Nyman, Parker, Purnell, Thomas J. Corkran, William R. Hammond Robinette, Sands, Scott, Smith of Dorches- and Henry Tiitch, and after a careful examinater, Sneary, Stirling, Stockbridge, Todd, tion of said accounts, the Committee feel Turner, Valliant, Wicksrdc-50. oblioed to report, that in the judgment of The proceedings of Friday were read and this Committee the above named parties ire approved. not entitled to compensation. The commitMISCFLLANEOUS. tee therefore have rejected said claims. On motion of Mr. PURNELL, it was Respectfully submitted, Ordered, To be entered on the jounal that Wma. GALLOWAY, Chairman. Thomas B. Smith, of Worcester, is absent H. BAKER, from his seat in the Convention in conse- THOMAS RUSSELL, quence of the serious illness of a member of E. S. PAlRER, his family. W. S. WOODEN. On motion of Mr. M:ULLTIN, it was DECLARATION OF RIGHTS. Ordered, That the Committee on the Elec- The Convention renewed the consideration tive Franchise be requested to inquire into of the report of the Committee on the Declathe expediency of inserting the following ar- ration of Rights. ticle in substance, into the Constitution: The PRESIDENT. When the Convention ad. That any person who has voluntarily left journed on Friday last, the 14th article as t~his State, and has gone into any one of amended was under consideration. If no the States now in rebellion against the Gov- firther amendments are offered, the Secretary ernment of the United States, shall not be will proceed to read article 15. permitted to vote at any election or hold any The 15th article was then read, as follows: office, or place -of emolument or trust within' That sanguinary laws ought to be avoidthe gift of the people of Maryland, for the ed as far as it is (onsistent with the safety of space of three score years and ten. the State; and no law to inflict cruel and And any one who now resides in this State, unusual pains and penalties ought to be made and is or has been aiding in the present re- in any case, or at any time hereafter." bellion against the Government of: the United Mir. S1OCKBRIDGE. I propose to offer an States, by word or act, shall not be permitted amendment, which is one rather of form than to vote at any election or hol(l any office of of substance. If gentlemetn will recur to the emolument or trust. within the gift of the report, they will find that article 15 and arpeople of 5Maryland, for the space of five tide 24 relate to precisely the same subject, years, after this rebellion shall have beens and are to somle extent in the same words. crushed out. Article 15 has just been read. Article 24 ~Mr. KING submitted the following order: reads: Ordered, That the Comptroller of the''That excessive bail ought not. to be reTreasury be requested to report to this Con- quired, nor excessive fines imposed, nor cruel ver.tion a-statement of all the expenses of the or unussual punishments inflicted by the State Library other than books and station- Courts of Law." ery, from first January 1863, to 31st MAay I submit the following amendment, which 1864, inclusive. consolidates the two articles into one, without Mr. JONES, of Somerset. I would like to at all clanging the sense of either; amend know the object and necessity of this order. article 15 by strikinff out all after the word Mr. STOCIcnIDGE. I hope the gentleman "that" in the second line, and inserting in from Baltimore county, (Mr King,) will ex- aleu thereof the following: plain the object of his order. If it is in con- -"'and excessive bail ought not to be renection with our work here, I am willing to qaired, nor excessive fines imposed, nor cruel, vote for it, or any other information which unusual or excessive pains, penalties and puumay be necessary. ishments in any case inflicted." Mr. KING. I thought this information If that amendment is adopted, when we 225 shall reach the 24th article, I shall move to substance of this provision. As has been strike out that article. said, if gentlemen will look to the two arMr. MILLER. I do not see the necessity of tides referred to, they will find that they refer altering this provision in the bill of rights. to two different departments of the GovernThe 15th article relates to the power of the ment, the one being a direction to the LegisLegislature; it is a prohibition on the power lature, and the other a direction to the Courts of the Legislature to pass any law inflicting themselves. By putting the two articles tocruel and unusual pains and punishments, gether, there would seem to be no restraint and penalties. That, it seems to me, is a upon the administration of justicesuch as the very appropriate provision, directed against 24th article intends to declare. I hope my undue exercise of authority in this respect; by friend will see the propriety of withdrtawing the lgislative department of the Government. his proposition, which only saves a half-aThe 24th article relates to the administration dozen words, at the expense of a very sound of justice by the Courts of Law. It is well principle in the bill of rights. known to gentlemen here, to the gentleman Mr. STocaRnIDGE. I should be very sorry from Baltimore city (Mr. Stockbridge) that to deprive this bill of rights of any sound the common law prevails in this State, in sense there may be in it. But I am not perpursuance of an article adopted in the bill of suaded that it is not best to make the amendrights. Under that common law, the Courts, ment I have proposed. As I said in the outwhen the party is convicted of any offence, set, however, I consider it more a matter of for which no penalty is prescribed by statute, form than substance. and I would not have have the powe-, in their discretion, of in- offered it at all if I had supposed it would flicting fines, penalties or imprisonment; and have taken up any of the time of the Conthis 24th article is directed against undue ex- vention. Now the purpose of this bill of ercise by the courts of the power they thus rights is to declare the rights of the people, have entrusted to them by the common law. and this section means only that they shall When the statutes define the penalty and pre- be exempt from all cruel punishments and exscribe the punishment for any offence, then cessive bail, and nothing more, and that prinno Court of Law can exceed it in according ciple instead of being incorporated in one secthe punishment for the offence, And the 24thl tion is embodied in two sections, one restrainarticle is designed to prevent the Courts of ing the legislative department, and the other Justice from inflicting unusual and cruel pun- restraining the judiciary, when they could as ishments in cases where the punishment is well have been embraced in one. There would left entirely to their discretion; and that I be just as much propriety in adding another think i. a good provision. And as these two section to restrain the executive department, articles relate to different subjects-matter, I and so on for every other officer of the govthink they should continue as separate and emnment. My object was simply to consolidate distinct provisions in the bill of rights. The these two articles, and make one general deone prohibiting the passage by the Legis- claration that the people shall be protected lature of an act which would warrant a Court against all unusual and cruel pains and penof Justice in inflicting cruel and unusual alties. Neither the one or the other article pains and penalties, and the other providing amount to much, but as it has been thought that, in cases where the common law pre- best to have this principle asserted, for whatvails, no such cruel or unusual punishments ever it may be worth, I thought it best to should be inflicted at the arbitrary will of the have it all in one article. However, I am not Judge, or in the mere discretion of the Court. strenuous on the point. The combination of the two, proposed by the Mr. SANDS. I propose to offer an amendgentleman from Baltimore city (Mr. Stock- ment to the amendment, which I think will bridge) leaves out, it seems to me, that part avoid all difficulty. I think there is some of the 15th article which provides that no force in the objection that the amendment cruel and unusual pain or penalty ought to leaves out something contained in these two be made in any case or at any time hereafter. articles. But I can see no reason why the Now unless there is some good reason why bill of rights should be cumbered with two the two articles should be so combined, I articles when one can be made amply sufficannot see the propriety of altering this ar- cient. I move the following as an addition: tide in this respect. -' and excessive bail ought not to be reMr. CusiaxarEs. I think there is a great quired, nor excessive fines imposed, nor cruel deal of sound sense in what has been said by or unusual punishment inflicted by the courts the gentleman from Anne Arundel (:M[r. of lawv." Miller.) I had hoped it wou d have induced The article if so amended will read: the gentleman from Baltimore city (MIr. Stock- "That sanouinary laws ought to be avoided bridge) to withdraw his proposition. So far- a!; fir as it is consistent with the safety of the as I understand it, his proposition will but State; and no law to inflict cruel and unusal save a half-a-dozen words, and the cost o. pains and penalties ought to be made in any printing and paper to that extent, while it case or at any time hereafter; and excessive disfigures the symmetry, and I think, too, th oait ought not to be required, nor excessive 226 fines imposed, nor cruel or unusual punish- respects it was proper. But I cannot endorse ment inflicted by the courts of law." the proposition of the gentleman from HowThat I think will reach both the legislative ard, (Mr. Sands.) He proposes simply to put and judicial departments of the government, the two articles together. Now, that is no and can ibe properly embodied in one article. alteration at all. But the idea of my colMr. 11ILLER. The amendment of the gen- league is that by some slight change in the tleman from Howard (Mr. Sands) has reduced language of' the 15th article, it can be made this question to one of mere form, fbr he to amount to piositive prohibition in one artimerely puts these two articles together, leav- cle on both the courts and the Legislature. ing out no line or word of either. And the But I am inclined to think that it is not a very, only reason he assigns for that is that it is material matter, and as it may give rise to not necessary to cumber this bill of rights some difference of opinion, on the whole it with two articles when one will do as well. may be better to let it alone. I, therefore, see no particular advantace. in The PRESIDENT. The proposition of the his amendment. gentleman from Howard, (Mr. Sands,) is not If the gentlemen from Baltimore city and properly an amendment to the amendment Howard (Mlessrs. Stockbridge and Sands) will of the gentleman fiomn Baltimore city, (Mr. cast their eyes over the 16th and 17th sections, Stockbridge,) but rather an amendment to they will find that those sections relate to one the article itself. The Chair, hereaftrr, will subject matter as much as do the 15th and 24th rule that amendments must be made to apply articles. The 15th, 16th and 17th articles are to the proposition or subject-matter to which prohibitions upon legislative powers, the 15th they are made. relating to cruel and sanguinary laws, the 16th 5Mr. SANDS withdrew his amendment. to expost facto or retrospective laws, and the The question being taken on the amend17th to laws attainting particular persons of ment of Mr. STOCKBRIDGE, it was not agreed treason or felony, a practice which existed in to. England when the bill of rights was origi- No further amendments being offered, arnally framed and adopted. Now if it is ticles 16, 17 and 18 were then read. proper to combine the 15th and 24th articles Mr. MILLEa. I move to amend article 18 together, why should not the 16th and 17th by insertingin the first line the word "' free " be combined and put in one article. I think before the word " man," so that it will then it is best that they should stand as they orig- read "' that every free man, for any injury inally stood in the old bill of rights. If we done to him in his person or property, ought put them together, we make quite a long ar- to have remedy by the course of the law of tidle; whereas, the beauty of such things, is the land," &c. I offer this amendment to the annunciation in brief and terse language of make this article conform to the one in the some simple principle, some greatright which present bill of rights. I also see that the the people reserve to themselves, and say that same chanoe has been made by the commitno department of the government, the legis- tee in another section, for what reason I canlative, executive or judicial shall execute fbor not tell. The words of Magsna Charta are them. Therefore I think it is very proper to nusllus libe? home, in both these sections; no have those matters which relate to the sere- "freemanl" ouoht to be deprived of his ral departments distinct as they are now, an I property, &c. Now, I cannot conceive why that they should remain so. there should be this change made in these Mr. SANDS. Both these articles are simply words here, even if the purposes and objects prohibitory, and relate to the same matter, of the majority of this body should be carprecisely; the one says the Legislature shall ried out and the slaves emancipated. The not (ro it, the other that the courts shall not article will apply just as well to them when doit. Now, if there are othersections which freed, if the word " free " is inserted here, the gentleman thinks should go together in as it will to the white population of the State. order to malke this bill of rights more con- If the plan of gradual emancipation is adoptdensed and symmetrical, I am willing to agree ed, I do not suppose it is the object of the to it. I would only suggest, however, that majority here to have this section apply to these two articles being simply prohibitory them until they are mnade completely free unas against the legislative and judticial branches der the Constitution and the laws which may of the Governmnent in relation to the same he made in pursuance of it. I wish, therematter, I think they ought to be put together. fore, to irreserve, if possible, the old IanI do not see that putting a colon in the place guage of Magna Charta in this respect, and of a period after the word " hereafter,"'' takes have the liber homo of the Magna Charta preanything from the terseness or plainness of served in the word': freeman" in our bill of senti ment enunciated. It rather makes a com- rights. plele whole of two things which I do not IMr. STIRLING. I agree with the gentleman think there is any reason to keep separate. frtom Anne Arundel, (Mr. Miller,) that the Mr. STIRLING. When my colleague, (Mr. *hange makes no important difference one Stockbridge, ) first suggested his amendment, way or other in any legal position. There it occurred to me, as it still does, that in some is no doubt, so fiar as the question of slavery a227 is concerned, that if the Convention con- "It is called Maigna Charta,' not that it tinue the institution of slavery, this article is great in quantity, for there be many volin the Declaration of Rights would not ne- umiiious charters commonly passed, specially cessarily set any man free, because it might in these later times, longer than thi' is: nor be said that he was deprived of his liberty comparatively that it is greater than Charta by the law of the land. But it appeared to de Foresta, but in respect of the great irmthose of the committee who agreed to this portance and weightiness of the matter, as change, that if the policy of freedom was to shall hereafter appear. be adopted in Maryland, as we believed it " As the gold-liner will not, out of the was, there was no necessity of' retaining the dust, threads, or shreds of gold, let pass the word " free."'' but that the proposition better last crumb, in respect of the excellency of the be expressed in general language. metal, so ought not the learned reader to let Now the reason why "'liber homo " was pass any syllable of THIS LAW, in respect to put in Magna Charta was that there were the excellency of the matter." some in England who were not free; and the Now I find that everywhere, in all the rebarons of England did not intend to declare newals of Magna Charta by successive Kings that the serfs of England should be entitled of Great Britain, the same phraseology is to the same privileges with themselves. As preserved that is sought to be restored by the great as that Magna Charta was an advance gentleman from Anne Arundel (MNr. Miller.) in civilization, it did not intend to declare In the original charter of King John, the 25th the right of all Englishmen, but was only article was in these words: intended to secure the rights of the barons "No freeman shall be seized, or imprisand their class. Now if slavery is abolished oned, or dispossessed, or outlawed, or in any in Maryland, every man in the State will be way destroyed; nor will we condemn him, free, and the word "freeman" would mean nor will we commit him to prison, except by no more than:" man." Or if it did mean the legal judwgmentof his peers, or by the law more, it could not apply to the people of M'tI- of the land." ryland, but to the people of sotne foreign That was the original language in the charcountry where despotism still prevails and ter of King John. In the renewal of that where all are not free. And if this Conven- charter, with some amendment to it, it was tion shall deter mine not to emancipate the substantially made to read as follows: slaves, no man's right to his slaves would be "No freeman shall be seized, or impristaken away or impaired by this article as it soned, or dispossessed, or outlawed, or in any now stands. If the Conventionshould eman- way destroyed; nor will we condemn him, cipate the slaves tben the article would be nor will we commit him to prison except by more consistent with the facts, for if there is the legal judgment of his peers, or by the law no man in the State who is not a freeman, of the land."' then there is no use in making the distinction In the charter of Kinc Henry III., the lanhere. We have, for many years past, gone guaoe as preserved, is nearly the sanleas that beyond Magna Charta in regard to all white in article 22 of this bill of rights. The people, and if we now include all of the other "' nullus liber homo" of' the original is prgraces, there is no use in this word " free" to served. indicate a distinction which does not exist; I " No freeman shall be taken, or imprisoned, for the only class of persons who will not be or dispossessed of his free tenement, or libfree are those persons in confinementawiaiting erties, or free customs; or be outlawed, or trial or serving out the penalty for the crimes exiled, or in any way de3troyel, nor will eve of which they have been convicted, anti they condemn him, nor will we commit him to have been deprived by the law of the land of prison, except by the legal judgment of his the rights which they had before. peers, or by the laws of- the land." Mr. JONES, of Somerset. I hope the old This phraseology was doubtless used, as language of Magna Charta, which is conse- the chairman of the committee has suggested, crated by so many' centuries, will be retained because villeinage or serfdom then existed ill by this Convention, and restored to the bill Great Britain; and the barons did not intend of rights wherever it has been removed, unless that these rights, that they were claiming there can be shown that some decided im- fronm the Kiiu, and receiving by Magna provement is made in the phraseology by the Chartca, should be extended to that class of proposed change. Every syllable of that people. But I think it is very appropriate great and ancient charter is held by Lord that we should continue the phraseology Coke to be so important that it ought not to there used, in this Declaration of Rights. escape the attention of the learned reader. For although this Convention may pass the And I beg to ask the chairman of the com- section which abolishes slavery in this State, mittee (Mr. Stirling) if he will not forego his yet it is not proposed, as I understand, to pi:t opposition to this amendment in consider- the freed negro upon an entire equality with ation of the opinion of Sir Edward Coke, the white man; and in that case it will not upon this point of adhering strictly to the be literally true that they will be tried by language of TIMagnl Charta. He says: their peers, for negroes do not sit on juries. 228 I think, therefiore, the language that has been Maryland, in common with the other States, so longs used, ought to be adhered to. and it stands as a part of our National ConstiMr. STaIRING. Will the gentleman from tution to-day, the Magna Charta of America, Somerset (.Mr. Jones) allow me to suggest to and I see no reason why we should not follow him that there is nothing in this article about the American Magna Charta in preference to''the judgment ofi his peers.': the English. I therefore hope the phraseMr. JONES, of Somerset. There is in a sub- oloogy will stand as it is both in the 18th and sequent article. I was speaking of the resto- and 22d articles of the Declaration of Rights. ration of the wod "freeman " in place of The question was upon inserting the word the word' man, and as the same change''"fee" before the word "mrnan" in the 18th hits been made by the committee in the 22d article, so that it should read " that every article, which is made here, I made the refer- freeman, for any injury done him," &c. ence to that article by way of explanation. Mr. MILLER called for the yeas and nays, iNMr. STI'rLING. The 22d article says'.?I by which were ordered. the judgment of his peers or the law of the The question being then taken, by yeas and land " The naturalized foreigner and the nays, it resulted, yeas twenty, nays thirtyconvict in the penitentiary are tried by a jury, seven, as follows: anct no question is raised about its not having lYeas —Messrs. Billingsley, Bond, Brown, a jury of' his peers. Chambers, Clarke. Crawford. Dail, Davis of Mr. JONES, of Somerset. I think the times Charles, Edelen, Harwood, IIollyday, Johnof Magmna Charta better be adthere! to. son Jones of Somerset, King, Lee, Mitchell, MAr. STOCIcBRIDGtE. I wish to say one word lMiller, Parran, Smith of Dorchester, Turner about the change in articles 18 and 22 from -20. the phraseology used in Magna. Charta. The Nays —Messrs. Goldsborough, President; word " freeman" or libel' homno in Magna Abbott, Annan, Baker, Barron, Carter, CunCha-irta was a very proper one under the then Iningham, Cushing, Davis of Washington, existing circumstances; but it has long' since Dellinger, Earle, Ecker, Farrow, Galloway, been done away with in countries situated as Hatch, Hebb, Hopkins, Keefer, Mace, McCoour own is, and we have abundant warrant mas, Mullikin, Murray, Noble, Nyman, Parfor the change even in the past history of our ker, Purnell, Robinette, Sands, Schlosser, own State, and it is not necessary for us to Scott, Sneary, Stirling, Stockbridge, Sykes, go back to Matanta Charta and follow those Todd, Valliant, Wickard-37. old words, when we have abolished them in The a dendment was accordingly rejected. other things. For instance, after the adop- Mr. CLA.RKE. I move to amend this 18th tion of our national Constitution there were article by adding to it the following; certain States that saw fit to ask, so far as -" and no person shall be held to answer they were concerned, that there should be cer- for any charge or crime before a court-martial tain amendments to the Declaration of Rights, or military tribunal, except in cases arising and two of the States, I think they were North in the land or naval forces of the United Carolina and Virginia, proposed the follow-.! States, or in the militia when in actual service ilg, that there should be an article reading in time of war or public danger." as follows: Mr. STIRLING. I would ask the gentleman "No freeman ought to be deprived of his if that precise proposition is not contained in life. liberly, or property, but by the law of the 31st article of the bill of rights as reported the land." here." Congress, when they took it up, saw fit to Mr. CARIaE. I think it differs a little from modify the expression "freeman," and make the proposition I have submitted. The 31st it a declaration of the rights of humanity, article reads: and they so improved it, and it now stands " That no person, except regular soldiers, as the fifth amendment to our National Con- mnariners and marines, in the service of this stitution. State or militia when in actual service, ought'No person shall be held to answer for a in any case be subject to, or punishable by, capital or otherwise inlfamous crime, unless martial law." on a presentment or indictment of' a grand That article asserts the proposition that jury, except in cases arisising in the land and such and such' ought not to be." I am pernaval forces, or in the militia when in actual fectly willing that that may remain, as it has service in time of' war or public danger; nor remained, in the Constitution as the 31st arshall any person be subject for the same of- tide of the bill of rights. But I desire to febnce to be put twice in jeopardy of life or follow the charter which the gentleman from limb; nortshall he be compelled, in any crimi- Baltimore city (Mr. Stockbridge) has held nal case, to be witness against himself; nor rup to us for an exanmple, the Constitution of be deprived of life, liberty, or property, with- the United States. That charter says in article out due process of law." 5 of the amendments. No "person" shall, &c. That was sub- l'No person shall be held to answer for a mitted to the States for their ratification and capital or otherwise inf:amous crime, unless approval, and it was ratified and approved by on presentment or indictment of a grand jury, 229 except in cases arising in'the land- or naval gree of State-right position, and a determina. forces, or in the militia when in actual service, tion to vindicate the majesty of the law of the in time of war or public danger." State of Maryland But still be has repeatedly Now it is well known that notwithstanding known of similar violations of the law, and this plain provision of the Constitution, they have met with his sanction and approval. which is the supreme law of the land, govern- And it was said in the military headquarters ing and directing the President of the United in Baltimore that they had the sanction of the States, and every military officer in the em- executive, and had not violated any statute ployment of the Government, citizens of the law of the State. I want it to go into the State of Maryland not " in the land and naval Constitution of the State that no citizen of the forces," not "c in the militia in actual service in State, no person, shall be placed in that positime of war or public danger," have not had tion, or if he shall be placed there, it shall be thehearing that the Constitution of the United the duty of the executive to protect him, or to States says they shall have, which says they make some move as an officer or representa"' shall be held to answer only on the present- tive of the State for that purpose, and that if ment or indictment of a grand jury." Now he does not he will not have fulfilled his oath. with all these facts staring usin the face, the That is the reason why I desire to put it in fact that the supreme law of the land has been this form in this Constitution. It is nothing ignored so far as Maryland is concerned, I but what the Constitution of the United States want to go one step further, and embody in declares to be law, a law which every State this 18th article, which goes to the very and Federal officer is bound to follow. I want groundwork of the rights of man, the decla- to follow it up here, that it may be obeyed; ration that no person shall answer any charge that the executive of the State may have a or alleged crime in any court-martial or mili- still stronger inducement to discharge his tary tribunal, unless, in the language of the duty. I care not who he may be; I have Constitution of the United States, " in cases no personal reflection to cast upon any one. arising in the land or naval service, or in the But I want itso arranged here theat in all time militia when in actual service in time of war to come, unless he discharges his duty, he or public danger." I am not content with will have violated the oath which this Conthe mere embodiment of what ought to be, stitution shall have imposed upon hinm. as in this 31st article. I want a plain direc- Mr. CUSHING. Will the gentleman allow tion and declaration to go forth from this me to ask him one question? He says that if Convention, which will govern the executive this article should be amended as lie proposes, officers of this State, and every man who may and any one should be so treated by the militake an oath to support this Constitution tary authorities, and the Governor of the when it thall have been adopted. Now there State allows it to be done, he will be a peris no treason in this declaration. The Con- jured man. stitution of the United States contains it in Mr. CLARKE. Unless he takes some stepswords- as strong and positive as any I have all the steps which the State authority can used, as strong and positive as any one can bring to bear —he wiil be. declare any fact, or pronounce any command- Mr. CUSHING. What steps could the Govment. ernor of the State bring to bear? I want the Constitution of the State of Mr. CLARKE. I can tell the gentlemaln a Maryland to take up that declaration, and great many things theextlcutive cln do. H-lere make it just as strong and positive here, so is an instance: My friend here (Mr. Aliller)that if one department of the government he will pardon me for referring to it-with undertakes to violate the Constitution of the others, was arrested for not voting. These United States by trying men in violation of gentlemen appealed to the Governor of the this provision, the executive shall be sworn — State. The reply nwas, "You cannot be arto do what? to oppose the Federal authori- rested for that; it must be for some other ties? not at all-shall be sworn to do what reason. It never wais heard of that men were the Constitution of the United State, which arrested because they i'ould not vote. I he has sworn to support, requires him to do; issued my proclamation, which told you not and I strengthen that oath by the insertion to swear; th;t told the judges not to admin — into the Constitution of the State of Maryland ister the oath, and you only conformed to of a provision which he will be required to what I myself had required." Yet, when you swear to support, and then if he or any other reached the military:authorities, they put it officer of the State, sworn to support the Con- down in black and white that that w-as the stitution, permits it to go on, be will be a ground for the arrests. There was no charge perjured officer of the State-will not have of disloyalty. The Governor said, "You performed his duty. must have-been charged with being a traitor When, last fall, complaints were made in or disloyal." Yet, those g ntlemen were not reference to the election, and the oaths which charged at all w ith being disloyal. The arrest bhad been administered, and a great to-do was was put upon the plain and simple fact in made in reference to the pending: election, the refe, ence to the election vote, and I would ask executive suddenly assumed a wonderful de- gentlemen if they ever heard of anything 230 having been done by the executive authorities settled by the introduction of additional lanin the way even of a plain statement and guagein this Constitution. The declaration representation of the facts, which occurrid here is sufficient, as it stands, and the only right here, within his sight and hearing. In effect of putting in what the gentleman proreference to what the executive is to do, every poses is to produce difficulty, for it can result case will suggest its own remedy. I will not in no possible good. now, but when the proper time comes I shall Gentlemen upon the other side of the take occasion to state what 1 believe to be the House have heretofore manifested a great deproy.er spheres of the State and of the Federal sire to leave this bill of rights in the condition Government. And I will go just as far to in which the fathers left it. Some of them preserve the authority of the Federal Gov- wanted to go backto M:lgna Charta. Now let eminr ent, within the limits of the Constitution them apply that same principle to this article, of the United States, as any man upon this and let the bill of rights on this subject of floor. military law stand precisely -where the old Mr. STIRLING. I do not feel disposed to en- till of' rightslelt it. For if' it is not necester into this xery much vexed question which sary and proper to introduce an amendment the gentleman from Prince George's (Mr. in regard to one provision, it cannot certainly Clarke,) has raised, because, so f'ar as the be proper in regard to another on that prinprinciple of the thing is concerned, I am per- ciple. fectly willing to leave it where the bill of Mr. CLARKE. In reply to the gentleman rights of Maryland now leaves it, and where from B;altimore city, (Mr. Stirling,) I will the Constitution of the United States leaves state that I stand here, a citizen of Maryland, it. If there is any necessity for putting an protected by the Constitrtion of the United obligation upon the Governor of the State to States, and the Constitution and laws of the protect the rights of the people of the State, State of Maryland; and, as I shall show he is now under as much obligation, under when I come to discuss the relations of this the Constitution of this State, or the Consti- question, under the seagis of the decision of tution of the United States, as he would be the Supreme Court, as far as that decision placed under by any provision whichl we goes. Therefore I am not going to be could incorporate in it. drawn into any discussion as to who created It has recently happened, and will happen this great civil commotion, and how far they in every time of public commotion, and were justifiable, and how far President Davis, especially of civil war-it has happened in the so-called President of the Confederate the portion of this country under the Gov- States, rmaiy do this, that or the otrer, for I ernment of the United States, and under the have nothing to do with that. The Supreme Governmient of the so-called Confederate Court of the United States have decided that States, that a great many people have been there is war and that those people are alien tried by martial law. Now, I am not going enemies; that the loyal man there is just as to enter into th~e question upon which that much an alien eneiny as the man who is taken has been defended, that these people were out- with a gun or a sword in his hand. Thereside of the provisions of the Constitution. fbre I am not going to enter into any discusBut it has never been asserted that either the sion about alien enemies, or what they did President of the United States, or the man or (to, or anything in reference to any matter who calls himself the President of the Con- of justification in reference to our course, federate States ever said that they had any whether they were legal acts this way, that right to override the law; they have always way, or the other. I am going to discuss endeavored to explain their acts as being con- only the rights of the citizens of' the State of sistent with the law. Now, whether they Maryland. I had nothing to do with this have done so or not I leave to those who are inlpending struggle. My skirts are just as curious in that matter. I shall leave the clear of' it as those of the gentleman from question as to how far the provisions of the Baltimore city, (Mr. Stirling.) Constitution and bill of rights have been Mr. STIRLING. I had no intention to refer shaken by the convulsions of thrs bloody to the gentleman from Prince George's (Mr. struggle to the reflections of those who com- Clarke.) I made the reference in a general menced it. If they choose to shake the Con- way, not to particular individuals. stitution by the qualms of a political earth- Mlr. CLARKE. I am going to disconnect this quake, they must go back to themtselves to question entirely from what may perhaps be solve the question as to how far the Constitu- considered outside party bias. I will say tion has been shaken. this: that some of my friends upon this floor As to the general principle, I suppose eve- have great veneration and love for anything rybody is agreed upon that; that the people ancient, and will not change it for any conought to be tried by the established judiciary, sideration if they can possibly avoid it. I and not by martital law. The question low am not quite so tied down to the past as some fior people have put themi-elves beyond the of them. I voted upon the trot osition to let reach of that jlldiciary, bow far they have this first article stand-that the people have become public enemies, is not going to be at all times the right of revolution, the un 231 alienable right to change their Government as regulated by the bill of rights and the Conthey pleased-I voted that the change must stitution of the State; that no man shall be be regulated according to law; that a Gov- tried in one of' the United States Courts, and ernment regulated and established by law held to answer, without the presentment of a -must be revolutionized accordiug to law; for grand jury, and should not be put twi(ce in any other revolution can sustain itself only jeopardy of life and limb for the same offence, by force. And when the article in relation,just as our State Courts apply the matter. I to the poll tax was reached, I there desired would like to know of the gentleman how far to depart from the lessons of the fathers, and ihis proposed amendment is in consonance make a change in that. And so in going with, or in conflict with the late act of Conthrough this bill of rigchts, wherever I amr gress, riot yet declared unconstitutional, exsatisfied, by the experience of the past or the pressly defitning a great many crimes and present, we should make some change-for providing the mode of punishment. we all live to learn-I jm not to be tied down Mr. CLARKE. I do not reglard it as at all simply by the fact that it was so written by in conflict with any law of Conatress; and our fathers. But experience in the State of until it is passed upon judicially it must Maryland having shown the necessity of hav- be regarded as an exercise of constitutional ing sonie provision in your Constitution which power. shall not be merely advisory to your exec- Mr. SANrs). That act provides for the takutive arid other officers, but one which will ing of certain parties out of. tile hands of the be mandatory, I will vote for that. It was State authorities, and su' jecting them to a supposed heretofore that it was only neces- mode of trial rinot known to our State laws sary to have an advisory clause: and a few and State Courts. years past it never was heard of, and any Mr. CLARKE. I think this is it; it provides man who lhad intimated, when this bill of that the parties shall be taken fhorn the State rights was dirawn, that we should substitute,:uthorities and transferred, not to Military shall" for' ou-ght'' would have cast a re- Courts or Tribunals, but to tie civil Courts ifection upon the Slate authorities. We had of the United States. then seen in reference to many cases that had Mr. SANDS. I think the gentleman will arisen-the Pennsylvania cases, the cases un- find it otherwise. der the fugitive slave law-that the ritrhts of Mr. CLARKE. There are a great many acts the people Cwere manfully maintained; and of Congress; I do not know to whlich the gentleiien would have said, hatd you proposed gentleman alludes. I will go one step turther; this-' I you are reflecting upon the S!ate au- considering that the gentlem;a-n is right, if you thorities." But we hive lived to see the ne- p)lease. When a citizen of the St'Lte shall be cessity o' mandatory clauses. I want to say placed in this position, it' you insert this proto the executive: you shall do something. vision in the Constitution, it w ill then become What, I letve to his judgment. I want the tile duty of the Executive to institrite the neConstitution to contain something else than cessary proceedings for the protection of the mere advice to him; I want it so framed citizen, to be carried up to the Cout of'hirhest that whlen persons are placed in this position aulthority, the Supreme Court of the United he shall find it hIis dluty to do something, arid States, there to be ndjldicated. Itf this proto d) tlre lerAt of hjis ability. If he cannot vision had been in our present Constitution, succeed, if the Felderal auit..ority is the I believe, with that betlre our Executive stronger, and is determit:ied io exert its pow- some of' these caises would halve been carer and will to do it, and any oppositiori will ried up. bring albout-a clashing of authority, then it Mir. SANDS. I have no objection to my can be determined how far measures are to be friend making a speech whren — pushed. But I want something which shall Mir. CLARKEU. I wvant Io shiow that this is a declare to our Stalte omicers: you must at any practical provision. rate do the itest you can, for if you do nothing Mi. SANDS. In order to get a case before you certainly fail to do your duty. the Supreme Court of the United States, in Mr. SANs). If the gentleman will permit order to test the conslitutionality of any law, me, I would remind him that this fifth article is the action of the Extcutive ever necessary? of tlhe armiendmlents to the Constitution of tihe Ml. CLARKE Yes, sir: One or two sessions United States, is simply declarative of a prin- tao, the Supreme Court decidedl a case beciple as applied to the Federal Coulrts; whiile tween Gov. \Nagoffin, of Keeutucky, and Gov. our Coustituition and bill of rights apply to Dennison, of Ohio, where ia practical question our State Courts. owas brought up byv the tfwo Governors in Mr. CLARxE. I want to make this sarme ref|rene to tile rights of the States. It is principle apply to our State officers. within the power of tlihe Executive, and if Mr. SANss. I think I understand the gen- this provision is insertedr it will be made histleman's position. I wish to remark thatthis dut y, as the representative of the State, to amendment to the Constitution of the United Icarry the case rup to the hinhest tribunal, the States was simply to regulate a matter in thee constitutionatl iumpire, to be decided. Federal Courts which in the State Courts is Mr. SAsND. The genrlemanen can hear what 232 I have to say, and then reply by an argument States. Now so far as Maryland and er in his own time. citizens are concerned, taking gentleman at Mr. CLARKe. The gentleman put a ques- their word that Maryland is apart from and tion to me, and I only wanted to reply to it. hostile to the government of the United States, Mr. SANDS. Then I will proceed with my that there are a majority of the people of argument without putting any interroga- Maryland who are antagonistic to the govtories. I regard that a citizen's highest ernment at Washington, taking that for allegiance is to the United States. I ac- granted as gentlemen assert-then I say that knowledge as the highest law power in the the pages of history record no instance in State of' Mlaryland, the authority of the United which so little damage has been done to either States as expressed through the Constitution person or property as in this State of' Maryof the United States, and the acts of' Congress land in times of civil war. At a low calcupassed in pursuance thereto. I believe that lation, I suppose, passing backward and forthe first duty of every man in the State, from ward, two millions of armed men, loving that the Executive down to the humblest citizen, government of the United States and fighting is an acquiescense in and support of the Con- in its defence, and hearing on all hands that stitution of the United States and the laws Maryland was a hostile province and held passed under it, until the Supreme Legal Tri- down by bayonets-two millions of armed bunal of the United States has decided the men have passed over her soil. And look at act in question to be unconstitutional. We Maryland to day, after these vast armies have have late acts of Congress defining certain siwept through her: all through the State she crimes. is blossoming like the rose. How many of Mr. CLARKE. I hope the gentleman will her fields are barren? How many of her not misquote. dwellings are destroyed? How many of her Mr. SANDS. I shall not. We have late citizens are in prison? She answers herself; acts of Congress defining certain crimes and look at her to-day in every respect in which abetting the military authorities with the she presents herself as a State. She is as decision of those cases. Does the gentleman prosperous and powerful as she ever was, and suppose that we here, the representatives of free as ever. And according to the will of the State of Maryland, shall embody that pro- the majority of her people, her free will is to vision in the Constitution of the State, and obey the authorities of the United States, and submit to the people a provision in direct to cling to the government which our fathers conflict with the Constitution of the United left us. States, and the laws of Congress passed un- Now in regard to gentlemen being arrested der it? because they would not vote, I wish they had Mr. CLARIKE. " In pursuance thereto;" applied that principle down among these alien quote verbatim. enemies. Just listen to the assertion that Mr. SANDS. " In pursuance thereto" is un- gentlemen are arrested because they would der it, not over it. not vote, when it is known that if they had Mr. CLARIKE. "In pursuance thereto," I voted, they would have voted against the auwant the gentleman to quote correctly when thorities and the party in sympathy with the he quotes the Constitution of the United government that wanted to force him to vote. States, and acts of Congress. Now in regard to statutes and constitutions Mr. SANDS. What I say is this, that every there is one thing above the law, and in that citizen of the State, that we ourselves here, respect I am a higher law man, and I am not the representatives of the State, are bound to ashamed to avow it. That higher law is the render obedience to the laws of the United law whieh God has given to every man, the States, passed under the Constitution, not law of self-preservation. Will you hold that over it, not in defiance of it, or in accordance a great nation is to be denied the exercise of with any higher law doctrine; but under it. a law which you grant to a single individual, I have heard of a power over and above us, when that great nation holds in its hands the that is not exercised over us, so far as the destinies of many millions of human beings? people of Maryland is concerned, we have If you deny to the government a right which heard that we are sovereign-I have heard you allow to a man, the right to defind and that doctrine fiom the lips of many gentle- preserve its own life, you are guilty of a legal men-so far as the people of Maryland is monstrosity without a parallel. You will concerned, she is sovereign. Now who will defend yourself and claim the right to do so. assert the doctrine that we are sovereign in If you are attacked in the dark, art you goour relations with the general government. ing to stop and consider how hard you can Suppose it has provided in certain tterms in hit with your fist, how deep you can cut with regard to certain matters; would any action your knife, how many holes you can blow of ours contravening those terms be legal or with your Derringer or your revolverl, and binding? Most assur'edly not. under what law or statute you can defend Niow I have shown, as this debate has taken yourself? No, you will defend yourself with a somewhat extensive range to-day, this in what andall the means you have at command. vindication of the government of the United and if you take the life of your opponent, 233 reasonably believing your own.life was in stances, than ever occurred elsewhere under danger, then you will be held guiltless. similar circumstances. And therefore, for.Now how is it with Maryland? Isitworth my part-let other gentlemen do as they while to say that there.has been an assault please, let them look towards putting in the upon our government; that hostile cannon Constitution of the State any provision which and all the enginery of war has been aimed may bring you and me in conflict with the at the existence of your government? That Government of the United States and the is history; that requires no argument; and government at Washington, let them do on who will tell me that the government is tied that subject whatever they please-for me, I down to try by court and jury all who are never will agree to it. I love liberty, and I thus assailing it? If there are those who are want to see it preserved, not only for us and attempting to take the life of government, for this nation and generation, but for all then I say let the law of self defence leave the generations to come. I want to see it pregovernment at liberty to take the lives, if ne- served, and I believe, as 1 believe in my existcessary, of those;assailing it. ence, that the only hope for free governtment Now as to the trial by jury in certain cases. throughout the world is in the preservation In my official connection with some of the of that form of government and that - ery courts I have seen enough of that, even where government which our fathers lef't us. it has been attempted to be resorted to, to Mr. CLAARKE. I would not take up the time show me conclusively its insufficiency. Sup- of the HIouse in repl.inog to the gentleman pose a [party to be brought in, indicted under fr om Howard, (Mr. Sinds,) if he had conour own Maryland statutes,as I haveseen them tinued his interrogatories and permitted me to in more cases than one, with the facts as clear reply to them as he put them. But, as he as the sun in heaven. Yet it is a well'known alterwards put several questions, it becomes fact that the majority sympathize with the act, necessary, being in the position I have taken and if out of the sympathy comes a verdict of upon this question, that I should occupy the not guilty, notwithstanding the facts are clear time of the Convention for a very few moasI have said, does it not demonstrate beyond melits. I do not propose to follow thegentlethe shadow of a doubt, the utterinsufficiency man through all the various positions he has of this trial by jury in times of war, and in assumed. As to the question of allegiance, districts of country that are infested with the 4th article of this bill of' rights will bring this political heresy? I have seen it; I have that question up, and I do not prlopose to give had to go to the bench, occupied by a gentle- the gentleman now the benefit of knowing man than whom none better qualified for the wmhat I may choose to say when that article seat lives in the State of Maryland, and say to comes before the House. When it is legitihim, Sir, this is a farce, and I will never take mately before us, I think I shall at any rate part in such another. be prepared to present my views upon it, I want to put this idea before gentIemnen. without any prevarication, and in plain and For your safety's sake, do not putalaw upon distinct terms. And when those views are your statute book which will be constantly and given, I humbly conceive they will do as much habitually violated and set at naught. For if towards the preservation of the Constitution' you let men feel that they can disobey or vio- of the Uniled States and the laws of Congress late one law, they will very soon take it into passed in pursuLnce thereof-following the their heads that they can defy other laws and words of the Constitution, and not, as the all laws. And if you catch them in the vio- gentleman puts lhem,, " inder the Constitulation of some other law, they will point you, tion"-as anything uwhich miay emanate from and consistently too, to the violation of the first the gentleman from Howard, (M1Ir. Sands.) law which they practiced and which you tole- Now, in reference to assuming a position rated. I think no one loves the liberty -of the of hostility to the Constitution of the United citizen more than I do; no one will go farther States, I will ask the gentleman this plain to throw about individual liberty all the safe- question: Does the simple insertion into the guards of which it is susceptible. I am will- bill of rights of the State of Maryland of a ing to labor and spend and be spent in this provision which exists in the Constitution of service. But at this time, with so much of the United States itself brine the governdanger hanging over our country and its gov- ment of the State of Maryland into conflic ernment, when this is a time in the history of with the Government of the United States? mankind to decide whether a man is capable If it does, then the Government of the United of self-government, no consideration on earth States must be in conflict with the Constituwill move me to support any proposition which tion of the United States. looks however remotely to a conflict with the Mr. SANDS. I will answer the gentleman's supreme power in the land. question, if he will allow me. Will he reI am willing to admit that abases have peat it? occurred here, as they have occurred every- Mr. CLARKE. If the insertion into theConwhere. Tie world never has seen the time stitution of' the State of Maryland of a prowhen abuses have not occurred. But I say, vision: copied from the Constitution of the less are occurring this day, un er the circum- United States, and which assigns the same 16 234 duties to the officers of the State of Maryland believe the President of the United States said, which the Constitution of the United States when this thing reached his ears —' Why7 assigns to its officers, places the State of Mary- what fools those gentlemen are, to arrest men. land in conflict with the Government of the who will not vote; they ought to have arUnited States, then the Government of the rested them for voting, if a tall; if they had United States must be in conflict with the arrested those who voted in the district Constitution of the United States. around Washington, or if they all had beMr. SANDS. If my friend will ask me a lieved as these gentlemen did who did not question, instead of simply making an argu- vote, the result would have been another ment, I will try and answer it. member in Congress in support of my adminMr. CLARKE. If a clause of the Constitu- istration." tion of the United States, inserted in the Con- Mr. SANDS. I understand the gentleman stitution of the State of Maryland, puts the endorses the President so far as this was conState of Maryland in conflict with the Gov- cerned. ernment of the United States, does it not Mr. CLARKE. I do, in so far that I regard follow, logically, that the Government of the the course pursued by the military officers in United States must be in conflict with the Maryland at the last election, as a most inConstitution of the United States? consistent one to carry out their ends. knd Mr. SANDS. TMy distinct opinion is, that I do not know but I may endorse the Presinothing the government of the United States dent about some other things. The President has done in this matter, is in conflict with is for compensated emancipation. Now it the Constitution of the United States. we must have emancipation here, I think it Mr. CLARKE. There the gentleman flies off ought to be compensated emancipation. I do the track. We are not discussing what the not know whether the gentleman! endorses government has done, but whether the clause the President there or not. And I do not I propose to have inserted here is in conflict know whether, if Mr. Lincoln is renominated, with either the Constitution or the government and somebody else of the party is also nomiof the United States. I know of no ge ntle- nated, the gentleman will be found to support man who will undertake to say that the State him. of Maryland is in hostility to the Constitution Mr. SANDS. I am for Old Abe. of the United States or the laws of Congress Mr. CLARKAZ. I do not want to vote for, passed in pursuance thereto. I recognize the IMcClellan, for he arrested the Legislature of distinction between the government as ad Maryland. I may have to vote for Mr. Linministered, and the govetnmentas organized. colan myself as the best one among all the And I will say this much for them, that it is candidates which may be presented. not yet so clear, although the gentleman says A VOICE. Vote for Butler. a great deal about the government at Wash- vlvr. CLARKE. I would be willing to vote ington, if he means the administration there for Franklin Pierce, or for Seymour, of Con-it is not yet so clear that he is quite as close necticut, or some other peace man. The gento it in the views which he holds and the ideas tleman has called upon us here to sustain the which he wishes carried out in the next four administration in all that it wanted to do. years, as we might suppose. I do not know Now, I will not pretend, at this-stage of the to which party the gentleman belongs, discussion, to go into these matters. But I whether he is a Lincoln man, a Chase man, announce it here as my solemn and candid or a Fremont man. conviction, that if the resolution passed imMr. SANDS. I do not belono to any body. mediately succeeding the first battle of Bull I am a freeman. Run-the Crittenden resolution, which was. Mr. CLARKE. One ofthe gentleman's leaders adopted unanimously-had been adhered to in this State is said to be for Chase or FI e- in the posecution of this war, without dotting mont.'I do not know which one it is. an "i " or crossing a "t," the stars and Mr. SANDS. I do not think the gentleman stripes ere this would have floated over a does know. united and happy and glorious confederacyMr. CLARKE. At all events the future will I believe that the departure from the spirit of show howv close the gentleman stands to the that resolution and the views upon which the government as admini-tered. I will say this: war has been waged have brought about all that the State of Maryland always has been, our troubles. Had the resolution been strictly and is now, true to the Constitution of the adhered to, I believe every man's heart in the United States, and the laws passed in pursu- land would have throbbed louder and more ante thereof. free, and that the result would have been Mr. SANDS. I believe so, too. the restoration of the stars and stripes over Mr. CLARKEI Now in regard to these ar- this broad land. No man can behold with a rests. The gentleman says it is very incon- sadder heart the present progress of events, sistent to arrest men because they do not vote. the war being carried on, as I humbly conI think so, too. And it was most astonishing ceive, for the overthrow of the rights of the to me how gentlemen should resort to such a States and the rights of the people, tending, mode for carrying out their scheme. And I unless the hand of peace comes in to stop this 235 exhaustion of national wealth and national ing witnesses, in the city of Baltimore, before life, to end in the erection of a military dic- a military commission. A citizen of my tatorship, the leader of which no man can county, never in any way connected with the know. I do not know who he may be. I army and navy, is brought to answer in a make no prediction. capital charge, involving his life, before a Mr. JONES, of Somerset. I feel compelled military commission I to support the amendment which has been I submit that to the consideration of my submitted by the gentlemain from Prince friend from Howard, (Mr. Sands.) I think George's, (Mr. Clarke.) It may not be at- there ought to be some express reassertion of tended, as has been said, with any very prac- the rights of citizens in our bill of rights, tical results. If so, it is to be regretted. It similar to that which has been proposed by is a reassertion of primary principles. the gentleman from Prince George's, (Mr. There is a matter now pending in the city Clarke.) It is said that it would be vain. of Baltimore before a military commission It may turn out to be vain. But peace may which struck me with more amazement than come again, and in more peaceful times we anything that has occurred since the break- may review the rights of citizens, and then ing out of the unfortunate troubles in which they will be found on the statute book, as we are involved. A citizen of the county the will of the State of Maryland embodied that I have the honor to represent in this in the Constitution. Convention, in civil life, never having been But I will still hope that, notwithstanding connected with the army or the navy, or with this charge that has been preferred, when any martial operations whatever, in the quiet this military commission comes to understand of his own home, on a Sabbath eve, was that the facts of this case have been investiassailed by soldiers; an altercation ensued, gated in the county where they took place pistols were drawn, and ashe alleged he took by the grand jury, finally and fully, and the life of a soldier in self defence. That that they preferred no charge, they will deoccurred some eighteen months ago. The cline to entertain jurisdiction in a case so matter was one of great excitement. The clearly pertaining to civil administration; laws took their course. A grand jury was and with that hope I will dismiss this case. assembled in that county; witnesses were I think the amendment which has been brought before them; the whole matter was proposed, reaffirming the rights of citizens in fully, fairly and entirely investigated by the cases of criminal charge against them, from grand jury, four-fifths of whom were the the Constitution of the'United States, may political opponents of the party charged. very safely be added to the article which is That grand jury in this investigation, as I now under consideration; and, in that view, was informed, unanimously determined that I shall vote for it. it was a case of self-defence, and refused to Mr. CLARKE demanded the yeas and nays, find a presentment. and they were ordered. Some eighteen months having rolled around The question being taken the result wasthat citizen, having been frequently an- yeas 17, nays 37-as follows: noyed, his house surrounded in the dead hour Yeas-AMessrs. Billingsley, Bond, Brown, of niight by soldiers, who had been incensed Chambers, Clarke, Crawford, Dail, Davis of ever since that one of their comrades should Charles, Edelen, Harwood, Hollyday, Johnhave been killed, finally appealed to the mili- son, Jones of Somerset, Lee, Mitchell, Miller, tary authorities for protection. He went up Smith of Dorchester-17. himself, carrying recommendations signed by Nays-IMessrs. Goldsborough, President; many of both parties, citizens of the county in Abbott, Annan, Baker, Barron, Carter. Cunwhich I live, stating his peaceful character ningham, Cushing, Davis of Washington, and the annoyance which he suffered, con- Earle, Ecker, Farrow, Galloway, Hatch, Hebb, tinually threatening him to the utter destrue- Hopkins, Keefer, King, Mace, MlcComas, Multion of the peace of his family, if continued, likin, Murray, Noble, Nyman, Parker, Purand invoked some order for his.protection. nell, Robinette, Sands, Schlosser, Scott, In the city of Baltimore, for this very busi- Sneary, Sttrling, Stockbridge, Sykes, Todd, ness, he was arrested and put in prison, where Valliant, Wickard-37. he has been for'several weeks; and I under- So the amendment was rejected. stand that on Saturday last a charge of the Articles 19, 20 and 21, were read and no murder of that soldier was preferred against amendments offered. him before a military commission, and he is Article 22 was read as follows: held in Fort McHenry to answer that charge, Art. 22. That no man ought to be taken not in the county where the offence was com- or imprisoned, or disseized of his freehold, mitted, not by an indictment of the grand liberties or privileges, or outlawed, or exiled, jury of the county where the offence was or in any manner destroyed, or deprived of committed, not to be confronted before a petit his life, liberty or property, but by the judgjury with the witnesses in the county where ment of his peers, or by the law of the land. the offence was committed, but away from Mr. JONES of t;omerset. I move to amend his home, away from the opportunity of call- this article by inserting after the word " no, 236 the word' free." I wish to restore the old that the free negro population should be left Magna Charta phrase, "' free man." subject to the same laws which govern the The amendment was rejected. white man in the State of Maryland. If the Mr. CLARIE. I move to amend the article Legislature undertakes to pass a law regby adding the proviso which now exists in ulating their status, after they are set free, it article 21 of the old bill of rights, which will be unconstitutional, because the Court corresponds with article 22, in this: will be allowed to look at the action of this " Provided, That nothing in this article Convention upon a matter where there is no shall be so construed as to prevent the Legis- express provision. That I think would be lature from passing all such laws for the gov- the plain and leoitirnate argument drawn from ernment, regulation and disposition of the the rejection of this proposition. free colored population of this State, as they If this proposition is adopted, it leaves the may deem necessary." matter in the hands of the Legislature elected Mr. CLARKE. The wording of that, or the I by the people, and their policy can be changed addition of that clause to this article, does if it is unsatisfactory to the people. If there not at all conflict, as some of the amendments should be a constitutional provision, or statmay, with the idea of emancipation of the ute law, to prevent colored persons from slave population; because, so soon as those coming into the State, that would not apply slaves shall be emancipated, they then become to those already here, and therefore would the free colored population of the State. not meet the case. That would merely keep Therefore, if this amendment is adopted, the out colored people from other States; while Convention will determine that nothing in this is to give the Legislature a power to be this article shall be so construed as to pre- exercised and used wisely, and beneficially, vent the Legislature from passing such laws and judiciously; and, as I before stated, it is in relation to these emancipated persons as in conformity with Mr. Lincoln's recommendmay be necessary. Here again I find myself ation, and the elaborate arguments of his with President Lincoln. He has expressly cabinet ministers and some of his warmest said in his messnge that his views on eman- friends. cipation do not at all come in conflict, and Mr. STIRLING. I do not propose to make are not intended to come in conflict with the any speech, or to enter into any discussion'in regulation of this class of population in the regard to the free colored population or the. States. That is, as I understand it, a part of disposition of the emancipated class after his policy, that the regulation of that class of they shall have been emancipated, because I population, when they are set fiee, should re- do not consider it properly before the Conmain under State control, and subject to vention at this time. The people of the Legislative action. That is announced by State of Maryland lived up to 1850 as a slave members of his Cabinet. They have made State, under this article as it stands in this several orations which have gone forth to the report. The proviso this gentleman wishes country in which this is announced as a car- to put in was inserted in 1850: and we have dinal doctrine and policy to be pursued, in lived under thatforfourteenyears. Astoany relation to this population, when they extend necessity of providing for the free colored to it the blessings, as they call it, of freedom. population in this State, so as to prevent I think this recommendation is most reasona- crime and idleness, and so as to promote ble. Is it to be supposed that the colored peace, order and quiet, so fa, as that is conpopulation is to be freed suddenly, as is pro- sistent with the status of freemen, the Legisposed, by this Declaration of Rights, with- lature possesses it without the proviso. The out a moment's warning, in the midst, it only effect of the proviso is inconsistent with may be, of the harvest field, without the the rest of the article. As to any system of Legislature having the opportunity in any apprenticeship consistent with personal libway, sha:pe or form, to control or to supply erty, the Legislature of this State always had the required labor. The young and old, help- the power to control that, not only with reless and infirm, parentless infants with not gard to free colored people but free white even a brother or sister upon whom, if they people, and they have exercised it time and bad the power of utterance, they could call tirne again. for p;rotection, are thrown upon the commrr u- This clause of the Constitution of 1850 was nity; and shall the Legislature have no pow- put in simply for the purpose of denying to er to adopt a system of apprenticeship? the free colored population of the State any If this amendment is voted down we shall rights whatever. be placed in this position. This whole pop- It was for the purpose of excepting them ulation will be thrown upon the community; broadly from th,- provisions of law, and and if the Legislature undertakes to pass laws stating that their condition in Maryland was in reference to them, it will be argued that to be subject to the absolute discretion of the this proposition having been offered in this Legislature; for the word "disposition" is Convention, and having been voted down, it a substantive grant of power to reduce to was the judgment of the Convention that the slavery and means nothing else. To dispose Legislature should have no such power; but of a man is to sell him, get rid of him, do 237 anythingf with him that you please. That is vent. It is in plain terms the only difference perfectly inconsistent with any declaration with regard to the matter. If the Constituwhich gives him any legal rights. The ar- tion, with the proviso, would have the effect ticle in the bill of rights of 1850 simply of giving the Legislature power compulsorily meant to deny that any free colored man ought to drive the free colored population out of the to have these rights. Mr. Lincoln has ex- State, that is just what I want to prevent. pressly stated that regarding these people as With regard to everything else, the Constihouseless and landless, he had no objection to tution gives them arnple power, so ftr as the some disposition of them with reftlrence to necessities of the State are involved. I do that fact, consistent alwavs with their con- not intend to discuss now how far these nedition as freemen. I should like to know cessities extend, but when the question is whether there is any difficulty in the Legis- discussed, I have no doubt that my friend lature's making provision for houseless and from Prince George's (Mr. Clarke) and mylandless persons, and for preserving peace and self will differ very widely. Wrhatever else order, without such an article in the Consti- may be required, the proviso is perfectly untution. necessary, while it; is inconsistent with the Mr. CLARKE. Mr. Lincoln does not say subsequent provision of the bill of rights,'9 consistent always with their condition as which I have no doubt the Convention intend freemen." to adopt. Mr. STIRLING. Mr. Lincoln lays dovn that Mr. PURNTELL. I entirely agree with the principle. Now I do not want to put into gentleiman from Baltimore city (lMr. Stirling) our Constitution a provision incorp(rrated in in his view with regard to the majority rethe Constitution of 1850, which simply denies port of the Committee ont the Declaration of all rights to that population, and gives the Rights with reference to this subject. An Legislature the power to re-establish slavery, evil might be visited upon this class of peofor we know that we lived from 1776 to 1850 ple under certain circumstances; but I think as a slave State without it, and the avowed the provision embraced in the Declaration of object of it was to reduce the free colored Rights arnd reported by the committee will population of the State back into slavery. guard them against any invasion of their The bill of iMr. Jacobs introduced into the rights. So far as respects the status of the -Legislature some years ago, would have been free negro, previous to 1850, there was a law unconstitutional under the old Constituti n, which prohibited the manumrission of slaves because the old Constitution asserted that no in the State. iMr Jacobs' position was a freeman could be deprived of his liberty and most extiaordinary one, and a most signal re-enslaved. But this proviso excepted this failure. He started ouit with the proposition population from the benefit of that provision, of enslavinof all the freemen; but the result and therefore the Constitution of 1850 enabled was, that instead of ensl.aving the freemen, Mr. Jacobs to bring a bill before the Legis- I he had liberated all the slaves. That is the lature, the avowed object of which was to re- fact, and if he had been sent to the city of enslave the existing free colored population Annapolis once more, it might have saved of the State. Leaving it out, Drevents that, the necessity for this article of emancipation and that is what I desire prevented. As for embraced in the bill of rights. But the good any reasonable or proper provision, consistent sense of the people saw pr-oper to consign him with the personal liberties of' these people, to a position, where, perhaps, he will remain consistent with their right to life, liberty, the, throughout the balance of his life. protection of their property, and to appeal to Sappose the Convention adopts a system of the laws of the larnd, subject to these ex- I emancipation. In what position does it leave ceptions, necessarily belonging to any class the free negro, or those that will become free of persons in a free community, the Legis- under the provisions embraced in the Declalatrre possesses full power over the subject. ration of Rights. They will occupy the same What does this clause say? "No man status now occupied by the free negro. They ought to b'e taken or imprisoned." Is there | will be turned out, those that see proper to any necessity for saying that the Legislature go, to their own exertions. Others of the may take or imprison the free colored people? infirm class will perhaps remain with kind If we are to set them free we do not want and humane masters and perform service, the them taken and inprisoned. " No man ought only re-nrineration they will expect and reto be disseized of his freehold, liberties or quire being their board and clothinga and that privileges, or outlawed, or exiled." Do we sort of care and solicitude which every kind want the free colored population disseized of and humane master would natura:ily bestow their freehold, liberties or privileges? Do upon them. Those that go forth to throw we want them outlawed or exiled? The only themselves upon their own exertions, will of thing in reference to the reasonable disposi- course come under the provisions of the law tion of this population, which this Constitu- which regulates free negroes and their status tion, as it now stands, forbids, and which it in the State, and be bound by the provisions prevents, is the compulsory exile of the free of those laws. The guard proposed in the colored population; and that I want to pre- bill of rights, I think is a very wholesome 238 one; but I do not think it is absolutely ne- shall be neither slavery, nor involuntary servcessary to protect their rights; for although itude except in punishment of crime whereof there are free negroes in this State, have been the party shall have been duly convicted; and will continue to be, whether the general and all persons held to service or labor as system of emancipation is adopted or not, slaves are hereby declared free. th )se negroes are bound by the laws of the If that is adopted, no lawyer in the world State, and those that become free, will neces- will say that with such an article in the Consarily come under the same regulations and stitution, the Lgislature would still have laws that bind those already free. Therefore power to reduce the free colored population I shall oppose any amendment or alteration to a state of slavery. in the report of the committee on the bill of Mr. STIRLING. I do not pretend to say rights, as it is now before the Convention, in that. I only say that under the Constitution this respect. I will vote against the amend- of 1850 the'Legislature would have that ment. power; and, after we have wiped out the Mr. CLARKE. A word merely in reference thing, it is inconsistent to put it back into to the provisions in the bill of Mr. Jacobs'. My the Constitution. own construction was that the Legislature pos- Mr. CLARKE. I understand the gentleman sessed no constitutional power to enslave the to argue that the adoption of this clause iitto free colored population; Ihat the word " dis- the Constitution would enable the Legislature position" did not give the Legislature the pow- to enslave the free colored population under er to enslave them but to dispose of them, this Constitution. I did not think it would; preserving them as free colored population. and, if the gentleman admits that, the whole I thought it was an unconstitutional exercise force of his argument is destroyed. But it of power for the Legislature to do any such does give the Legislature the power of colothing; and when the law which would have nization, which the gentleman says, if you enslaved them was voted on in our county, do not put this in, would be denied to the I believe it got scarcely arty votes. I nevei Legislature-compulsory colonization. Now heard, in our Eection of the country, of any I desire that the Legislature should have such one's advocating either the constitutionality a power at any rate. I do not pretend to say or the expediency of the bill. Therefore I do that I would be in favor of compulsory colonot suppose, so far as I am concerned, that nization now; but contingencies may arise; this clause which I offer as an amendment, and I do not wish to tie up the Legislature in is open to that construction. It is very plain that respect. T wish this clause inserted with that as Mr. Lincoln used the term " dispose" that very view. If you do not put it in, in relation to this class of people, he does not you declare to-day that no free negro shall regard it in that light at all. be colonized from the State of Miaryland unMr. STIRINoG. I do not recollect whether less he chooses to go away voluntarily. Mr. Lincoln ever used the word " dispose" Mr. JONES, of Somerset. I would like to in that connection; but if he did, he evident- inquire of the gentleman of Baltimore city, ly meant to dispose of them consistently with (MAr. Stirling,) whether, if this provision is such and such provisions. But the language not added to the article as proposed, the Legof the amendment gives to the Legislature islature of Maryland will have the same the power to dispose of them according to power and authority over the free colored poptheir judgment and discretion. ulation of this State that General Banks exerMr. CLARKE. It is " as they may deem cises in Louisiana over the.free colored popunecessary." I regard the "' disposition" as lation there, runder the present proclamation qualified by the fihct that they mrust remain of emancipation. If it will be construed "free colored population." The Legislature that the Legislature will have the same power, can only exercise power over them as free I should not object to the phraseology that colored population, is used. But I believe it would not impair One word more with reference to this pro- the force of the article to add this to it, beviso. It did net exist in the old Constitution cause it would only make it more clear. Inof 1776, because there were very few free ne- stead of the 80,000 free negroes we now have groes at that time. That population increased, in the State to regulate, there will be under and it became necessary when the Constitu- the emancipation policy 180, 000 or 190, 000. If tion of 1850 was adopted, io put that class the experience which General Banks found in in. A still greater necessity will exist when Louisiana after a few months trial. should you largely augment the number of the fiee be found to apply to Maryland, upon an excolored population by emancipating the ne- periment with that class of population existgroes, if it should be done. So much for the ing in large numbers, without any constraint necessity of a provision. or regulation, that they would not work, With respect to the power of the Legisla- that they would be employed by nobody exture to reduce them to slavery, it is proposed cept in fitful and occasional periods, a day or to incorporate into the bill of rights, this two perhaps in the week, or a few hours in article: the day, so that they become an intolerable Art. 23. That hereafter, in this State, there nuisance and burden upon the community, 239.nsomuch that after afew months' experiment Dellinger, Earle, Ecker, Farrow, Galloway, General Banks had to issue a general order Hatch, Hebb, Hopkins. Keefer, King, Mcthat that class of colored persons, those freed, Comas, Mullikin, Murray, Noble, Nyman, mnust engage as laborers and have regular em- Parker, Purnell, Robinette, Sands, Schlosser, ployment, that they should work by the Scott, Sneary, Stirling, Stockbridge, Sykes, month, and he went so far as to regulate the Todd, Valliant, Wickard-37. wages that first class hands should haveeight So the amendment was rejected. dollars per month and certain rations, food Mr. CgAMnnERS moved to amend the article and clothing;' the second class six dollars by striking out the word " man," and inper month, and the third class four dollars serting in place thereof, the word " citizen." per month, and the provost marshals were to Mr. BILLINGSLEY demanded the yeas and see that they worked according to the con- nays, and they were ordered. tract whlich was made-if we are to deny the The question being taken, the result wasLegislature the power to make such regula- yeas 20; nays 38 —as follows: tions as these, which could not be made ap- Yeas-Messrs. Billingsley, Bond, Brown, plicable to white laborers, it' the hands of Chambers, Clarke, Crawford, Dail, Davis of the Legislature are to be tied up so that they Charles, Edelen, Harwood, Hollyday, Hor can organize no such system of police regu- sey, Johnson, Jones of Somerset, Lee, Mitchlations applicable to this unfortunate class in ell, Miller, Parran, Smith of Dorchester, Turthe comrnlunity, who, it seems. are to re- ner-20. main with us at all hazards whether they Nays-Messrs. Goldsborough, President; work or not; if the Legislature is to be re- Abbott, Annan, Baker, Barron, Carter, Cunstricted merely to the punishment of actual ninghamrn, Cushing, Davis of Washington, Delcrime, we should be in a much more lament- linzer, Earle, Ecker, Farrow, Galloway, Hatcb, able condition than any State ever yet has Hebb, Hopkins, Keifer, King, Mace, McComas, been in this country. Mullikin, Murray, Noble, Nyman, Parker, Wherever this system of emancipation has Purnell, Robinette, Sands, Schlosser, Scott, been tried, it has been found necessary to Sneary, Stirling, Stockbridge, Sykes, Todd, have a rigid system of discipline requiring Valliant, Wickard-38. these parties to have regular employment and So the amendment was rejected. work. General Banks tried it, and Wendell The 2Pd article was read as follows: Phillips denounced General Banks for having Art. 23. That hereafter, in this State, with one hand set them free and with the there shall be neither slavery, nor involuntary other put taskmasters over them. As we servitude except in punishment of crime may not have the benefit of General Banks' whereof the party shall have been duly conexperience in Maryland, unless, having re- victed; and all persons held to service or Iastored Louisiana to the Union, heshvuld have bor as slaves are hereby declared free. no further employment and should be sent to Mr. STIRLTIN. I suggest that the 23d artithis Department, and, even in that case, it cle be passed over as the 4th article was, inwould not be permanent, I think it will be formally, until we get through the rest. best to entrust to the Legislature the enact- Articles 24 and 25 were read, and no ment of such police regulations as may be amendments were offered. necessary here, and as,were shown to be Article 26 was read as follows: necessary in the experience of General Batnks Art. 26. That no conviction shall work in Louisiana. I think then that we ought to corruption of blood, or forfeiture of estate. add to the present Constitution the proviso Mr. ST1IRLING. I wish to make a slight moved by the gentleman from Prince George's, change in that article. I do not know that (MIr. Clarke.) I think that would be safe, it will alter the meaning of it; but it is the and I do not think it would be liable to form in which it is placed in some other Conabuse. All that would be necessary would stitutions. I find by the debates upon the be that the rest of' the State should be pro- former bill of rights that this is the form tected from the improvidence as well as the which was preferred by the chairman of the criminality of this class. Committee on the Declaration of Rights in Mr. CLARxE demanded the yeas and nays, that Convention; and it is to prevent a misand they were ordered. construction which I do not wish to see placed The question being taken, the result was- upon it, that I move to strike out the latter yeas 20; nays 37-as follows: clause,' or forfeiture of estate,"'' and insert: Yeas-Messts. Billingsley, Bond, Brown, " Nor shall there be any forfeiture of the Chambers, Clarke, Crawford, Dail, Davis of estate of any person for any crime except Charles, Edelen, Harwood, Hollyday, John- treason." son, Jones of Somerset, Lee, Mace, Mitchell, Mr. CuAMnEas. That is an entirely new Miller, Parran, Smith of Dorchester, Tur- proposition I thought the committee had ner-20 reported that unanimously. That is a long Nays-Messrs. Goldsborough, President; standing doctrine of this State; and I should Abbott, Annan, Baker, Barron, Carter, Cun- like to know why that alteration is proposed ningham, Cushing, Davis of Washington, to be made. I think we are entitled to hear 240 from the chairman of the committee his rea- see any great distinction between the crime sons for submitting this motion. of murder and that of treason, so far as the Mr. STIRLING. I do not propose to argue principle involved in this amendment is conthe question fhlly. As I said before, I rather cerned. His great object was to provide that suppose that, strictly speaking, it would not no flmily should be deprived of' its property be absolutely necessary to make the change, by reason of crime committed by its head. but the purpose is explained by reference to He would have preferred that the whole artithe debates of the last Convention. As to cle should be stricken out; but was willinDg to the remark of my colleague upon the commit- accept the proposition of the gentleman lione tee, that when this article was before the Charles, (Mr. Dent.) The object was to puncommaittee I did not propose to make any ish the c-iminal, but not to punish an innochange, it is proper for me to state that I did cent and unoffendingc family. not then intend to do so; but of cou:rse, mak-' Mr. Dent read the 16th and 24th articles to ing this report, does not preclude a subse- show that the amendment of the gentleman quent motion to anmend, when I come to the from Charles, (MIr. Jenifer, ) if adopted, would conclusion, upon reflection, that a change is conflet with the former. Ift' that amnldmlent proper. By referring to the debates in the should be adopted, it would be requisite to former Convention, pages 199 and 200, vol. strike out the 16th article. I, members will find that the article now in |" Mr. Dorsey thought, he said, that it this Constitution is not the article as report- would be rather unsaie to strike out the word ed by the Commnittee upon the Declaration of'' treason." He wvr,s in favor of striking' out Rights. The article as reported by the coam - the wiord "murder," but thought that mittee, of which Judge Dorsey was chair- " ctreason" ought to be retained. During man, was as follows: our revolutionary struggle, we found the "Art. 24. That there ought to be no for- Legislature constantly passing laws under feiture of any part of' the estate of any per- which a considerable portion of the most valson for any crime except murder, or treason uable real estate in the State of Maryland against the State, and then only on convic- was sold-the property of tories-of those tion and attainder." who abandoned their country in the hour of e Mr. Jenifer moved to amend the said see- heI peril, and fled to the enemy. A crisis tion,bystriking out all after the word "crime." might arise in the history of this country, " Mr. J. said he did not see that any case iwhere a similar necessity would exist. He could arise in the State of Maryland wvhere believed that under every government, treason a forfeiture of property should take place af- was punished by a forfeiture of property, as ter a criminal execution. It would be a hard a matter of course." case that a family already sufferiang the bitter After some further debate, they adopted results of the criminal acts of its head, should the article as it stands in the Constitution. I be visited also with this additional infliction. have only to state that the views of Judge "Mr. Dent offered a substitute for this said Dorsey are the views which I entertain. I motion, to read as follows: think for treason, there ought to be forfeiture' Strike out all the 24th article to the of estate. But instead of saying that "'a crisis word' treason," in the second line, and in- might arise," I will say that a crisis has sert in lieu thereof, the following: arisen. I wish to leave the words that no''That no conviction shall work corruption conviction shall work corruption of blood, of blood, or forfeiture of estate, except for." because I desire that the rigalt of the descend"Mr. Jenifer expressed his willingness to ants to inherit, should not be impaired by accept this substitute as a modification of his reason of' the crime of the ancestor. I do not own proposition. wish to leave the section as it stands, because "Mr. Merrick desired to suggest to his col- the construction might be placed upon it league (Mr. Jenifer) that it might possibly that it was a universal urohibition of forfeitbe well that he should modify his amend- ure in any case whatever. It is true, it is ment He (Mr. MI.) would suggest that the not necessarily liable to that construction,for time mightt come when it not only might be the words that it shall not'' work" corrupgood policy, but due to justice, thalt there tion of blood or forfeiture of estate, may not should be a forfeiture of property in case of prevent the Legislature from prescribing fortreason. If it met the views of'his colleague, feiture as the punishment of crime. But as he (Mr. Al ) thought that the object might be there is a difference of opinion about it, in answered by simply striking out the words order to avoid ambiguity, I desire to make "murder or." this change so as to recognize the right to " He could not contemplate any crime as punish treason by forfeiture of estate. to which it was at all probable that the Legis- Mr. CLARKE. I prefer that the article lature could at any time decree a forfeiture of should remain as it is. But if the amendestate. ment of the gentleman from Baltimore city " Mr. Jenifer said that he would with plea- (Mr. Stirling) is to be incorporated into it, I sure accept the suggestion of his colleague, should prefer that it should go in with this (Mr. Merrick.) But he (Mr. J.) could not amendment, to add: 241 "Which forfeiture of estate shall only con- which condemnation should extend during tinue during, the life of the person attainted." the life of the individual, the property of his This is in the language of the Constitution children would not be destroyed. When he of the United States. is dead, the property comes back for his heirs Mr. STIRLING. My objection t tthatisthat to inherit. the clause of the Constitution of the United This trial of a dead mail, this question of States to which the gentleman refers, has the forfeiture of property beyond the life of given rise to very great difference of opinion. the party, this visiting it upon the innocent Mr. CLARiKE. I have drawn this amend- babe, is a thing which these times have for the ment to meet the very difficulty and doubt first time produced here; and nowv for the first which now for the first time is supposed to time do we hear it announced that the sins of exist in the provision in the Constitution of the father, if sins he has committed, shall go the United:States. We have had the opin- down to a remote generation of children; ions of Mr. Webster and of all whom we have and that without one word being said in his regarded as expounders of the Constitution: defence, by counsel, and without giving him but now there is a new doctrine, and some any of the rights guaranteed by the Constidoubt is expressed what its meaning. Nobody tution to persons charged with crime. ever saw the difficulty before; but the ablest Mr. STIRLTNG. I am willing to accept this expounders of the Constitution consider it portion of the amendment. I will add, by perfectly plain and clear. But the doubt has general consent to my amendment the words been expressed-the gentleman referred to it "'and then only on conviction" -and my amendment meets that very case. There was no objection. The doubt which has just grown tip is this: Mr. CLARtK. I understand that the doubt whether the expression "' but no attainder of in regard to the Consti!ution goes to the very treason shall work corruption of blood or for- doctrine I am now combatting, that you can feiture, except during the life of the person convict a man after he is dead, and after his attainted," means that the party shall be body is returned, dust to dust and ashes to convicted after he is dead or not, or is con- ashes. This doctrine that after a man is fined to conviction during the period of his dead you can convict him - life. For the first time in this country the Mr. STOCKBRIDGE. Whose doctrine is that? doctrine is attempted to be promulgated that Mr. CLARKE. The gentleman from Baltiafter a man is dead you can try him for more city (IMr. Stirling) said that there was treason, enter a jud gment of condemnation doubt with respect to the construction of the against him, arid then forfeit his property. Constitution, and that doctrinehas been freely I say that that proposition is now for the asserted upon the floor of Congress. I was first time broadly asserted in this land. The told by Mr. Schley that he was called upon to gentleman says it has always been open to give an opinion upon this provision of the doubt. Why, siir, atthe time of the adop Constitution, and the doctrine announced tion of this Constituition, and through all the upon the floor of Congress. That is what period of proscription of parties because of the gentleman refers to; and in order to avdid trials for treason, through all the decisions that ambiguity or doubt, it occurred to me from the Supreme Court of the United States, that this language would leave it plain and coming from Chief Justice Marshall and the clear. other chiefjustices and justices of the Supreme Mr. STIRLING. I certainly had no intention Court, that settled the law of the land and to refer to that. I never heard that doctrine the construction of the Constitution, it was until to-day. never supposed for a moment that we could Mr. CLARKE. The gentleman said it was try a man after he is dead, and convict him open to doubt. and that is the only doubt of treason; that when sleeping in the cold that ever existed about it. earth, after his spirit has gone back to its Mr. STrRLINO. If thegentleman undertakes Maker, you could resuscitate that body, bold to decide his own opinions and mine too, that up his dry bones, and in the recollection of may be so. what he had done, call him to account, and iMr. CLARaEa. Where is the doubt then? if judgment was pronounced against htm, you I ask the gentleman what doubt he referred to. could reduce his children to beggary. It was Mr. STIRLING. The doubt is this, as I unconstrued to mean this: that a man must be derstand it; and it is directly contrary to the alive, that he must, as the Constitution says, doubt the gentlemnan states. There is a doubt be confronted by his peers, and have a trial whether that provision of the Constitution by jury, have the right to employ counsel, means to prohibit Congress from passing a and enjoy all the other safeguards of the law making an absolute forfeiture of estate in Constitution, which the amendments to the puishment of crime upon conviction, or Constitution throw around him; and then, merely meant to say that no attainder, that if convicted of treason, it will only work is, no conviction made after the death of the corruption of blood or forfeiture during the party, should absolutely forfeit his estate; life of the person convicted. You could only and that was the very difference of opinion enter a decreeof condemnation of property, between the President and Congress. The 242 President considered the provision to mean any part of the estate of any person for any that there was no power of the Government crime except murder or treason against the to forfeit a man's estate except during his life, State, and then only on conviction and atno power of absolute forfeiture. But the tainder." majority in Congress believed that the pro- Now I propose to leave out the word ", mnrvision in the Constitution did not affect der," and let it read " except treason against the right of Congress specifically to pre- the State;" and I will add at the proper scribe an absolute forfeiture as the punish- time "and then only on conviction,''" to my ment upon conviction, but that it referred to amendment. cases not upon conviction. Everybody knows Mr. CLARKE. The lanouage of the Constithat so far as the personal estate of the party tution of the United States is this: is concerned, it is absolutely forfeited by a "' Congress shall have power to declare the proceeding in rem; in a great many instances punishment of treason; but no attainder of forfeited not during his life but forever. treason shall work corruption of blood, or Mr. CLARKE. The gentleman has not de- forfeiture, except during the life of the person nied the propositicn I assert, which is just attainted." the difference between the President and Con- The construction of this clause has always gress. been this: If the party has been convicted, Mr. STIRLTNG. The gentleman has gone on and it was understood that the party could to say that the effect of that interpretation is only be found guilty of treason by conthat a party may be convicted after his death. viction - Now the Constitution says: Mr. STIRLING. Will the gentleman allow "Art. 6. In all criminal prosecutions the me one moment? Certainly the argument of accused shall enjoy the right to a speedy and Congress was not that a man could be conpublic trial, by an impartial jury of the State victed after his death; but that the attainder and district wherein the crime shall have been should not work forfeiture after his death. committed, which district shall have been Congress might and did prescribe forfeiture previously ascertained by law, and to be in- as a specific punishment. The provision was formed of the nature and cause of the accu- only to prevent the Court from prescribing sation, to be confronted with the witnesses forfeiture-a necessary consequent in England against him; to have compulsory process for in common law upon the fact of convictionobtaining witnesses in his favor; and to have as a punishment without conviction. the assistance of counsel for his d fence."' Mr. CLARIKE. I could show by the record Of course that denies the right to try a man that the gentleman's position is not the true after his death. But the words leave itin the one taken in reference to it, if the documents power of legislation to prescribe what, on were before us. I will state what the conconviction, shall be the punishment of trea- struction is. The construction always mainson, that it may be the forfeiture of his estate. tained has been that the party could only be The gentleman wants that restricted to for- found guilty of treason on conviction, that feiture during life. I am opposed to any for- is, during his life. Then comes in the profeiture but on conviction; but on conviction vision that it shall only work corruption of I am in favor of an absolute forfeiture, if blood or forfeiture during the life of the perCongress or the Legislaturesee fit. It is well son attainted. Therefore, if a person was known that that was the practice of this convicted during his life, this clause of the State. The Legislature of this State, at the Constitution is clear and positive that it shall time of the Revolution, did absolutely forfeit only extend during the life of the person atthe estates of a vast numuber of persons; and tainted; and not what is here contended, it afterwards sometimes restore3 that property that if a party is tried and convicted during to tthe descendants by act of Assembly, upon his life, under this provision of the Contheir proving that they were innocent parties, stitution any court' had the right to forand not responsible for the act of their an- feit his property except during his life. cestors. That was the practice of our ances- They wanted to meet another class of tors, absolutely to forfeit the estates of per- cases. When men had been guilty of fightsons who under our Revolutionary Govern- ing against the Government, they wished ment still held their allegiance to the crown to provide by this law that they should prqof Great Britain. But while they forfeited it teed against this property in renm; and on absolutely, the Leoislature had the right to this proceeding in rem, against the property, say that if' the children had not committed if the court found that the man who was dead any crime, they should have the estate. Un- had been guilty of treason, then they should doubtedly the Legislature never would take have the right to forfeit it absolutely. This the property away firom the widow or the provision of the Constitution only touches children who did not sympathise with the the case of conviction during life; but it is treason. This article is almost the same as proposed to give the court the power to prothat in the Constitution of 1776. The bill of ceed in rem, and proceeding in ren, to try a rights in that Constitution says: man for treason, and, if you do not convict "That there ought to be no forfeiture of him during his life, if, after he is dead, you 243 find him guilty of treason, it not being a case the criminal laws to which our laws were asof conviction under this article of the Con- similated, and which, to a certain extent, stitution, upon this proceeding in rem against still prevailed in the minds of those who the property, you have a right to forfeit it framed our Constitution in 1776, those crimiabsolutely. nal laws were ameliorated with regard to the Mr. STIRLING. That is not the proposition innocent wives who, at former periods, had at all. The proposition related to cases been victims, under the laws, of the punishwhere a man is tried for treason and con- ment of those with whom they had been convicted of treason. I distinctly stated that nected. In other words, it ceased to be the they did argue that property could be taken opinion as it had been in England, and, as by a proceeding in rem after his death; and in the early period it had been here, that the that was the decision. innocent child and wife should suffer for the Mr. CHAMBERS. Perhaps a little history of offences of the parent and husband, with this business of treason, attainder and con- which offence they had no connection, and viction, may throw some light on the subject possibly no sympathy. In theRevolulionary before us; which, I will preface my remarks war we confiscated the property of traitors by saying, is a mere question of the innocent b~ attainder. Our ancestors in 1776 had not wife and children of a person convicted of abandoned that idea. In very many cases disloyalty. property was ordered to be sold. The State Treason in the country from which we take had a regular agent, if I recollect right, for our notions and jurisprudence, is an offence the purpose of making sales of confiscated sometimes judged of by Parliament in the property. In such cases the party had gone shape of bills of attainder; sometimes by abroad In some instances the property was the ordinary process of courts and juries. not sold, except a limited interest in it. I The attainder was a species of political ven- believe there was not a solitary instance in geance visited often upon individuals from which, where that was the case, if a sabsepartisan feeling, and productive of the ut- quent application was made to the Legislamost injustice and violence. With regard to ture, it declined to give the children what inthat mode of proceeding, there could be no terest remained in them of the property of sort of doubt, such as the gentleman seems their ancestors who had gone abroad, and to intimnate, for, under the Constitution of' been unhaithful to the interests of the Statethe United States, it was decided to be an ut- in short, had been a tory. Those who had terly inexcusable mode of punishment. The abandoned the country, or gone into the 9th section of article 1st of the Constitution English service, or who went out of the State, of the United States leaves no room for had their property confiscated. doubt about that: The Constitntion of the United States com"Sec. 9. No bill of attainder or ex post menced a system of amelioration. I do not facto law shall be passed." go through this argument because my learnYet the Constitution says, that no attainder ed friend over the way, (IMr. Sands,) has of treason shall work corruption of blood or said it never was dreamed of, but all the forfeiture, except during the life of the person digests may be ransacked, and there never attainttd. The Constitution of the United was a counsel, judge, or lawyer prosecuting States having said there shall be no bill of a case of treason, or defending a case of treaattainder in the technical sense of the term, son, that ever intimated anything else as the when it speaks of the fact of attainder in this meaning of the second clause of the third other clause, certainly could have meant no- section of the third article of the Constituthing else than the only other mode of at- tion, except what its plain words import, tainder, by conviction in a court of jus- that the confis'ation articleshould effect those tice. entitled to its benefit, only during the life of According to the Constitution of the Uni- the party convicted. Our Constitution of ted States, then, a party must first be con- 1850, adopts the same idea: victed by court and jury. It would be im-'Art. 24th. That no conviction shall possible for a court and jury to convict a work corruption of blood, or forfeiture of party under the Constitution of the United estate." States, and, thank God, so far impossible un- Now are we to make a retrogade moveder any act of Congress, except by having ment? To that I wish to invite the attenthe party personally to answer to the charge. tion of the Convention, as beintT in fact the I do not now speak of what courts martial whole question before us. Shall there be may do. I certainly do not mean to contend such a provision in this Constitution as that that there may not be such convictions; but the innocent family, the wife and children of I do contend that if there are, they are ut- a man who shall have been misguided by terly without authority of the Constitution any feeling whatever. I care not how vital of the United States. mnay be his crime, if a man who shall have This Constitution of the United States then t4ken such a step, and placed himself in such is very sufficient evidence that in the edop- a position that it confers upon the government tion, and, as I hope, in the amelioration of the right to forfeit his property, that his wife 244 and children, as innocent as the wife and chil- in furtherance of the treason. Suppose you dren of any other individual in the State, say the contrary; that no matter what may shall be made to suffer from deprivation and be the circumstances, the property shall go want, in addition to all the disgrace the law to the children. Is such a doctrine as that to can inflict upon the offences of that husband, be engrafted upon the Constitution of Maryover whom they had no control, with whose land? actions, perhaps, they had no sympathy, and Mr. MILLER. Are not those very sons with regard to whose conduct, perhaps, they themselves subject to conviction of treason, were utterly opposed to it; in short, to sum and forfeiture of their estate? This proviit all up, in regard to whose actions, they sion can only strike at the wife and babes, were just as innocent of any offence, either who know nothing of treason, and have not against the law of God or the law of man, aided it. as any other children or wife in the district Mr. SANDS resumed: You must find that I say, sir, that my vote shall not sanction son before you can try him. You remember such a doctrine. Mrs. Glass's famous receipt for cooking a hare. Mr. SANDS. I think I fully comprehend " First, catch the hare." You must catch the views of the gentleman from Baltimore that son first; before you can try him. He city, the chairman of the committee, (Mr. may be off on the very enterprise in which Stirling,) and I think I fully comprehend the his father lost his life. It may be impossible meaning of this 2d clause of the 3d section to catch him; or, if he is caught, the governof the 3d article of the Constitution of the ment may not be in condition to procure the United States. sort of evidence that will convict him, al"Congress shall have power to declare the though they may be morally certain that he -punishment of treason; but no attainder of is a traitor. Will the gentleman have the treason shall work corruption of blood, or law stand thus, that in a case like that, if the forfeiture, except during the life, of the per- father is guiltyson attained." Mr. CLARKE. Will the gentleman allow In the first place, what is treason? what is me one question? I believe he is State's Atthe nature of the crime? It is abjuring the torney for -Howard County. I ask him, if he government to which allegiance is owed, and had no evidence upon which to convict a party, it is of course abandoning all right to the would he, as State's Attorney, ask a jury to protection of that government. All govern- convict him upon moral certainty? That ments are founded upon these primary ideas; surely is not the criminal law of our State. allegiance and protection, looking at the Mr. SANDs. No, sir, I do not. I ask for matter purely as a matter of law, indepen- conviction in no case unless there is evident of all party considerations, these two denuce. ideas lie at the bottom of all governrment, Mr. CLARKE. The gentleman said that if allegiance and protection. The one rests there was no evidence, if the government had upon ths other, and can no mo e exist with- none sufficient to convict, still, if there was out it than a house can stand without founda- a moral certainty that the son was guilty, he tion on the air. That is plain law. must suffer the loss of the estate. Now what is meant by this language spe- Mr. SANDS. The gentleman accused me the cifically used in this article? " No attainder other day of being like a young colt. I will of treason shall work," i e, of necessity, "cor- not retort the accusation; but I must say, ruption of blood," so as to cut off innocent when he makes a point he sticks to it with parties, the innocent wife and the innocent great pertinacity. child. That is the Constitution of the United Mr. CLARKE. I so understood the genStates, and that is precisely' what I under- tleman. stand the gentleman from Baltimore City, Mr SANDS resumed: Will the gentleman (Mr. Stirling,) to desire should be the Constitu- please to understand me now to say that when tion of Maryland; that no attainder of trea- a party is indicted before a jury, I never asked son shall, of necessity, work corruption of them to convict him unless I believed him blood; because that is the legal construction guilty. I never did that. Itis not my pracof this term "work," that that shall of ne- tice. Will the gentleman please to tundercessity be the consequence of attainder; ex- stand me further to say that' in making law cept during the life of the person attained. for the safety and peace of the State, I will It shall work it through that life; but it never agree to make the law so that if you shall not work corruption of blood, of neces- cannot absolutely catch and convict the traitsity; that is, if a party is convicted of the orous son, that son shall have the rigoht to,crime of treason, it shall not, of necessity, come in and claim under the father. I say follow that his innocent wife and children that he may come to the Legislature as parshall be deprived of the property which was ties may go to Congress, and say, "I am inhis. nocent and here are my proofs; consider my I then put the other case. Suppose these case and give me the benefit of what was m3y children, that may be grown sons, hardy traitorous sire's." And I say, also, that if I men, capable of doing a variety of things were a member of the Legislature, and such 245 a case came up, unless I was very well satins- tion of the United States, you have the right fled of the guilt of the party, I should vote to to forfeit property beyond the life of the party return to him the forfeited estate. convicted? Mr. CLAnRKE. Will the gentleman permit Mr. SANDS. Yes, sir. me one moment? If a traitorous son comes Mr. CLARIKE. You have the right to do it forward to take possession of the property, is under this provision of the Constitution? not he in a position where he can be taken up, Mr. SANDS. Yes, sisr: just that right. tried and convicted as a traitor, and have the " Congress shall have power to declare the property taken from him and confiscated as it punishment of treason; but no attainder was from his father? of treason shall work'' "shall -work" of Mr. SANns. Out of all the men in Mary- itself, without the independent action of' Conland who I believe have rendered assistance, gress in the matter, from a stern necessity, by giving money or otherwise, to aid this " shall work corruption." I do not consider rebellion, I do not believe any court or pros- that to take away the power of Congress to ecutor in the State will convict one of them. punish treason because that power is expressly Mr. CLARIrKE. The gentleman believes that given in terms, in the preceding part of the a great many have done these things, and he clause, " Congress shall have power to dehas denounced them at the ballot box and clare the punishment of treason." every where else, while they were just as loyal Mr. CLARKE. Do you not regard the last as he is. His opinion is no measure of the part 5ts a limitation upon the power of Conacts of any other man gress to dteclare the punishment of treason? Mr. SANDS resumed. My opinion is just as Mr. S.NDS. Yes, sir: but conviction shall good as that of any other man. I am not not work, of necessity, corruption of blood speaking of denouncing a whole class which or forfeiture. I know to exist in Maryland, if the gentleman AMr. CLARKE. But has Congress the power does not know it; but I am stating what I to make the forfeiture extend beyond the life believe to be good law, and I am advocating of the party convicted? a wholesome restriction upon these gentle- Mr. SANDS. I will express my opinion now men, and I only regret that it is not in my if you desire it, upon that point. I s:ay that power to produce the proofs in some of the under this constitutional provision, treason cases. does not of' necessity, of itself, in very fact, I say that I believe a sovereign State has work absolute forfeiture. the absolute right to forfeit every right pos- Mr. CLARKE. Independentof Constitutional sessed by a traitor. I say further, that it the provisions, treason does not work anything. State chooses to give his faniily what was his, Mr. SANDS resumed. I should prefer to it is the act of the State in its generosity, and make my argument, and let the gentleman not upon legal or even moral considerations. answer it in his turn. The gentleman asked But coming back to the point which was my me for my opinion upon this subject, and I argument Saturday, I reassert that no Gov- want to give it to him, and I don't care if' it ernment can exist except upon the safe and goes through the length and breadth of the natural foundation of allegiance. And I say land. I say that I do not consider this 2d that all the protection that Government owev clause of' the 3d section of the 3d article to to life, to property, to anything that is a take from Congress the right to punish treason man's, depends upon the measure of his al- with absolute forfeiture. I say that., and I legiance to that Government. If he has say it upon the very terms of' the paragraph utterly renounced it, his property. all that is itself: " Congress shall have power to declare his, in strict right is gone. But it we choose the punishment of treason." That is unrein our legislative capacity, or in our catpacity stricted, general, unlimited. But, says the asa Convention, to say, "No; the plain legal, Constitution of the United States, in its clemlogical deduction shall not be carried so ftr ency, in its magnanimity, in its majesty, as to crush innocent parties, no conviction of For the sake of these innocent women and treason shall attaint so as necessarily to'work children, we will not have it that conviction corruption of blood," for the shelter of all for treason shall absolutely work, by unathese innocent parties, that is the State's voidable necessity, corruption of blood and generosity. That is the State's leniency, and iabsolute forfeiture, except that it shall work not a claim which the traitor or any one who this during the life of. the person convicted. takes his place has of right, either moral or It shall absolutely work it for that time, but legal, upon the Government against which not after of necessity; not taking from Conlhe has committed treason. It is impossible gress the right which the preceding section that it should be so, any more than that the gives it, to declare the punishmentof treason. lesser should contain the greater. If protec- That is my opinioni. Gentlemen can have it tion rests solely upon allegiance, then if a for what it is worth. I am willing to abide man quits his allegiance, must not the pro- by it and maintain it. tection quit him as absolutely9 So far as I am concerned, I want this docMr. CLARKE. Do I understand the gentle- trine embodied in the Constitution we are man as contending that under the Constitu- framing for the people of Maryland. I want 246 that we shall have the power of declaring Mr. CHAMBERS. This colloquial style of the punishment of treason. I want that argument is not one which I wish to adopt, these innocent ones shall have the benefit of and I prefer not to be interrupted. this principle that no conviction shall of ne- The Indian, in his aboriginal condition; cessity work forfeiture upon them. I want takes the life of every criminal, and has a it to be made so as not absolutely to takefrom right to do it according to his law. That is the wife and children who are innocent, their the law of the Indians. That is the original right of' succession. I want that so in the law of mankind. We have abandoned that. Constitution of Maryland, and I want gen- We have determined long since, a2es and tlemen to understand that it is not because I ages past, that that is not the proper mode. concede that the Legislature of Maryland We have modified that. We have recognized may not of right forfeit his property or any- degrees of' crime, and we have established in thing that is his. If a man abjures his alle- consequence corresponding degrees of punglance to the State of Maryland, if he com- ishment. We adopt the law of' God which mits treason against the State of Maryland, tells us that while sins are visited unto the he utterly and forever, so far as he is con- third and fourth generation, upon those that cerned, abandons its protection of life and continue in sin, mercy is shown to the innoestate, no matter what that estate is. I want cent children of guilty men. In a period of the Legislature hereafter to have the power, less enlightenment, in a less Christian period, if, in its belief, the wife and children are in- children were made the victims of the crimes nocent; and, if in its belief, it would beggar of their parents. We did this after the death them unjustly, to say that the conviction of the parent. We have been habitually irrshall only of necessity work during the life proving. We have come down to an age of the party convicted; and that the State of when we have said that the children should Maryland, in its magnanimity and its gene- not suffer for the sins of their fathers, by berosity, or whatever you choose to call it, ing deprived of the property which, without shall have the right, if they see fit to exer- that crime, they would have inherited. cise it, to clothe the children with the pos- Shall we retract? Shall we retrace our steps'? sessions of the father. That is exactly, if I Shall we approach the border of barbarism understand my friend from Baltimore city, from which we have been continually re(Mr. Stirling,) the construction which he tiring with the advance of literature, Chrisgives to this article. tianity and humanity. That is the question Mr. STIRLING. Certainly. now; not to be affected because there are a Mr. SANDS. That is exactly the construc- great many very bad men in this State whom tion I understood him to give it, and that is theeentleman wouldbeverygladtogetholdof certainly a construction upon which I shall and have handed. Some men have been revote for the amendment as he places it before garded as traitors whose names have been this Convention. handed down with pride to a subsequent age. Mr. CHAMBERS. Withoutintending any of- Champions of liberty have been traitors, and fence to the Convention, I wish to say that I have been the victims of that very system cannot submit to allow to pass unnoticed the which we denounce as utterly improper. remarks which the gentleman over the way, Your Sydneys, and Hampdens, and all sorts (Mr Sands,) has chosen to present to this of people, have been charged with being body, although he has surrounded himself traitors. We are making laws for those who with a very filthy atmosphere, throwing out are to come after us, and who may or may language of which nobody knows the mean- not be, with the exception of error of judgIng, and denouncing whole classes of people ment, error of opinion, however palpable, as unworthy of the protection of the Govern- censurable. ment and deserving of every species of pun- I do not choose to be put in the category ishment. I do not know to whom he refers. of those who do not desire to have traitors As for myself, I am making a Constit ition punished. Punish themn. Take from them for the people of Maryland; and they are an every cent they have, every acre they have. honest people. They do not deserve to be de- If you choose to do it, take from them the nounced as unworthy of protection, or chari- means of acquiring another. Dispose of them ty, or any Christian feeling. The simple as you like. Send them to the gallows. question is, not whether the man acknowl- Punish your traitor as much as you please. edged to be guilty of a gross crime-a crime I have made no complaint of that; I shall which the State has abundant authority to make none. They ought to be punished. punish just as they please, to punish not only No government can be preserved without by quartering, but by quartering the quarters maintaining the allegiance of those who live if' they choose to do it, and declaring that his under it. I say that no man who lives under posterity ad infinitum shall never be recog- a government ought to abandon it. i have nized but as children or progeny of traitors, advocated that doctrine; and I mean to do it. for they have all that power- If I considered a government no longer fit Mr. SANDS, (interposing.) So I expressly to be supported, I would not maintain any said in my remarks. affiliation to it. I would clear out from it. 247 That is, in my opinion, what every man chester, Sneary, Thomas, Turner, Valliant, ought to do who finds himself in a govern- Wickard, Wilmer-42. ment which he cannot support-to leave it. Nays-Messrs. Goldsborough, President; I do not object, to your punishing the guilty Abbott, Annan, Baker, Carter, Cushing, Delman as a traitor; but I say, do not punish linger, Ecker, Farrow, Galloway, Greene, those who are not guilty. I say, do not Hebb, Hopkins, Jones of-Cecil, Keefer, Kenpunish the innocent man, the innocent wo- nard, McComas, Mullikin, Murray, Negley, man, the innocent child. The law of Chris- Noble, Parker, Pugh, Purnell, Robinette, tianity forbids it; the law of humanity for- Russell, Sands, Scott, Stirling, Stockbridge, bids it; the law of Maryland ought to fobr- Swope, Sykes, Thruston, Todd, Wooden-35. bid it. So the order was laid upon the table. On motion of Mr. BOND, Mr. SYKIES submitted the following order: The Convention adjourned. Ordered, That the Convention hold two sessions each day, the morning session to meet at eleven o'clock and adjourn at two TWENTY-THIRD DAY. P. WM., the afternoon session to meet at four o'clock and adjourn at seven P. M. THURSDAs, May 31st, 1864. Mr. STIRLING. I would suggest to my The Convention met at 11 A. M. friend that there is no necessity for an order Prayer by the Rev. Mr. Patterson. of that kind. I hardly think that a majority Present at the call of the roll, the following will adopt it. It seems to me that it will be members: better to let the question remain for the ConMessrs. Goldsborough, (President,) Ab- vention to decide at the'time. When the bott, Annan, Baker, Belt, Berry of Baltimore business requires it, the Convention have the county, Billingsley, Blackiston, Bond, Bris- power at any time to take a recess until the coe,'Carter, Chambers, Clarke, Crawford, afternoon; and no doubt they will do it unCunningham, Cushing, Daniel, Davis of til that particular matter is disposed of. But Charles, Davis of Washington, Dellinger, there is no necessity of our sitting here every Dennis, Duvall, Earle, Ecker, Edelen, Far- afternoon; and if we adopt it we shall have row, Galloway, Greene, Harwood, Hebb, to except a particular day in order to hold Henkle, Hollyday, Hopkins, Horsey, John- but one session. Without a general order son, Jones of Cecil, Jones of Somerset, Keefer, we can at any time take a recess until the Kennard, King, Larsh, Lee, Marbury, Mar- afternoon. key, McComas, Mitchell, Morgan, Mullikin, Mr. BARRoN. I would suggestto gentlemen Murray, Negley, Noble, Nyman, Parker, Par- that wish this kind of order carried, that we ran, Pugh, Purnell, Ridgely, Robinette, Rus- should meet in the morning at half past nine sell, Sands, Schlosser, Scott, Smith of Dor- o'clock. chester, Sneary, Stirling, Stockbridge, Swope, The order was rejected. Sykes, Thomas, Thruston, Todd, Turner. ORDERS ADOPTED. Valliant, Wickard, Wilmer, Wooden —5. On motion of Mr. RIDGELY, The proceedings of yesterday were read It was ordered to be entered upon the Jourand approved. nal, that the continued absence of Mr. Berry, of Baltimore county, has been occasioned by AFTERNOON SESSIONS. his necessary presence at Baltimore as AdjuMr. SCOTT submitted the following order: tant General of the State, in the business of Ordered, That hereafter the Convention organizing the troops now being enlisted unhold afternoon sessions daily, commencing at der the late proclamation of the Governor. half-past three P. II. On motion of Mr. GREENE AMr. BARRON. If the members of this Con- Ordered, That the Committee on the "Legvention would do more business and talk a islative Department" be instructed to inquire great deal less, one session a day would be into the expediency of incorporating into the enough. I move that that order lie upon the Constitution a provision enabling the Legistable, and upon that motion I call for the lature to accept the accession to this State of yeas and nays. any territory contiguous thereto, of the States The yeas and nays were ordered. of West Virginia, Virginia, and the District The question being taken, the result was- of Columbia, with the consent of the Legisyeas 42; nays 35-as follows: latures of the said States, and of the ConYeas —Messrs. Barron, Belt, Berry of Bal- gress of the United States. timore county, Billingsley, Blackiston, Bond, On motion of Mr. DUVALL, Briscoe, Chambers, Clarke, Crawford, Cun- It was ordered to be entered on the Journingham, Davis of Charles, Davis of Wash- nal that Mr. Peter, of Montgomery, is deington, Dennis, I)uvall, Earle, Edelen, IHar- tained from his seat in the Convention by wood, lenkle, Ilollyday, Horsey, Johnson, indisposition. Jones of Somerset, King, Larsh, Lee, Mace, COMPENSATED EMANCIPATION. Marbury, Markey, Mitchell, Morgan, Nyman, Mr. CLARKE submitted the following resoParran, Ridgely, Schlosser, Smith of Dor- lution: 248 Resolved, That a select committee to con- ecutive, who shall fill the same for the unexsist of nine membe rs, of which committee pired period of their election, subject to a the President of the Convention shall be ratification by the Senate. chairman, be appointed by the chair, whose CIRCUIT COURTS. duty it shall be to confer with the President lMr. GOLDSBOROUGH (Mr. Purnell in the of the United States, our Senators and Rep- chair) submitted the following order, which resentatives in Congress, and the appropriate was adopted: committees of Congress, to ascertain and re- Ordered, That the Committee on the Judiport to this Convention what appropriation ciary be instructed to. inquire into the expeif any, will be made by Congress, in pursu- diency of creating certain Judicial Districts ance of the recommendations contained in within which Circuit Courts and Courts of the messages of the President of the United Equity, Probate and Administration shall be States, of December; 1862, and December, held, the respective systems to be defined by 1863, and the joint Resolutions of Congress the following principles: No. 26, approved April 10th, 1862, to aid 1st. That the Circuit Court shall embrace the State of Maryland in the adoption of a the same civil and criminal business over system of Emancipation, and " to be used by which the present Circuit Courts have jurissaid State in its discretion to compensate for diction. the inconveniences, public and private, pro- 2d. That the Courts of Equity, Probate duced by such change of system.'" and Administration shall include within the Which was read the first time. sphere of their duties, all the equity business COURT OF APPEAI.S. now transacted in the Circuit Courts, conMl[r. GOLDnsROUeIr- (Mir. Purnell in the nected with the sale, di-ision or other dispochair) submitted the following order, which sition of real estate, injunctions, petitions was adopted: and commissions. The Judges of each of Ordered, That the Committee on the Judi- said Courts shall also act in all such matters ciary be instructed to inquire into the expe- as are now within the province of the Ordiency of reporting for the action of this phans' Courts of the State where parties litiConvention an elective system for the Judges gent may desire at determination and decision of the Court of Appeals, based on the follow- by him as sole presiding Judge, in all which ing sutggestions: cases the Register shall keep a docket, and 1st. That the said court consist of five the decision of said Judoe shall be made in Judges, two of whom shall be chosen from writing, and filed among the records of said the IEastern Shlore, and three from the West- Court, from which an appeal may be taken ern Shore counties of the State. within sixty day s to the Court of Appeals. 2d. That one of said Judges be selected 3d. That there shall be one Judge of the from the Eastern Shore, and one from the Circuit Court, and one Judge of the Court of Western Shore counties of the State, who Equity, Probate and Administration, elected shall be elected by a majority of the legal in each Judicial District as hereinafter desvotes cast in the whole State. ignated; and that each of said Judges shall 3d. That the other three Judges of said be men of' inegirity, leariied in the law, and court be chosen, one from each of the present not less than thirty years of age at the time Gubernatorial Districts of the State, who of their election. shall be elected by the legal voters of said 4th. That each of said Judicial Districts respective districts, from other counties in shall be composed of three counties, except said district than those from which the two the fourth, fifth and sixth districts, which Judges elected by the people of the whole shall be composed of two coun'ties, and there State nimay have been selected. shall be two Judges for each of said Judicial 4th. That each of said Judges be elected Districts, to ble selected from different counfor the period of twenty yea:s-be required ties in said district; the one to be styled the to reside, at least eight months of' the year, Circuit Judge, the other the Judge of' Equity, at the seat of Government; be not less than Probate and Administration, the latter of thirty years of age at the time of his election whorl shall also be the sole Judge in all conand disqualified after he shall have attained tested matters of Probate and Administration the age of seventy years. and other business nsow usually transacted 5th. That the salary of each of said Judges by the Orphans' Court of this State, whenshall not be less than the sum of three thou- ever desired by any of the parties litigant, sand five hundred dollars. or parties interested in any issue or issues 6th. In the event of their death, disqualifi- then pending before said Court. In cases of' cation or removal fiom office, or from the any temporary disqualification by sickness State, the remainder of their term so vacated or otherwise, each of said Judges shall pershall be filled by an appointment by a joint form the duties of' the other so disqualified. vote of the General Assembly of Miaryland, 5th. That with the said Presiding Judge if in session, and in case of their failure so of Equity, Probate and Administration, there to do, or their not being in session, the ap- shall be associated two men of sound judgpointment shall then devolve upon the Ex- ment and integrity, not less than thirty years 249 of age, nor over seventy years of age, from to be styled Judges of Probate and Admineach of the counties composing the respective istration, who shall be men of sound judgJudicial Districts, who shall be elected every ment and integrity, over thirty years of age, ten years by the voters of each county, who and elected every ten years by the qualified shall act as an Orphans' Court in all matters voters of their respective wards of each of within the sphere of the duties of the Or- said Judicial Districts. phans' Court, as now defined by law, who There shall also be a Superior Court, shall be styled Judges of Probate and Ad- whose jurisdiction shall embrace the whole ministration, and whose'jurisdiction shall city, and all civil cases wherein the matter not extend to any other matters over which in controversy shall exceed the sum of fifteen the Presiding Judge of Equity, Probate and hundred dollars, and where the damages Administration may have jurisdiction, as claimed shall exceed the like sum of fifteen defined under the present system. hundred dollars, whose Judge shall be elected 6th. That the Judges of the Circuit Courts for twenty years. and Courts of Equity, Probate and Admin- There shall also be a Criminal Court, istration shall be elected for the period of whosejurisdiction shall extend over the whole twenty years, be ineligible after their said city, and whose Judge shall be elected for term of service for the same positions, and twenty years. incapable of acting after they have arrived at The said Judges of the Circuit Courts, the age of seventy years. Courts of Equity, Probate and AdministraIn case of death, disqualification or remov- tion, Superior Court and Criminal Court, al from the State, or fiom their office, the shall be ineligible for the same positions, be remainder of their term so vacated shall be over thirty years of age, and their seats defilled by an appointment by a joint vote of dared vacant upon their arrival at seventy the General Assembly of Mar.yland, if in ses- years of age. sion, or by the Executive, (if the Legislature In case of death, disqualification or remobe not in session, or should fail to elect, ) val, the remainder of their term shall be filled subject to a ratification by the Senate. by a joint vote of the General Assembly, if 7th. That with a view to a fair division of in session; and in case of failure so to do, the counties of the State into Judicial Dis- by the Executive of the State, subject to the tricts, the following enumeration is suggested: ratification of the Senate. First Judicial District.-Worcester, Som- 8th. That the salaries of each of said erset and Dorchester counties. Judges of the Circuit Courts, Courts of ProSecond Judicial District.-Talbot,Caroline bate, Equity and Administration, for the and Queen Anne counties. several counties, and also of the several Third Judicial District.-Kent, Cecil and courts of the city of Baltimore, shall not be Harford counties. less than three thousand dollars; and the Fourth Judicial District.-Baltimore and Judges of Probate and Administration in the Carroll counties. several counties of the State, and of the two Fifth Judicial District.-Frederick and districts in the city of Baltimore, shall be Montgomery counties. allowed......... dollars per day for each dayr Sixth Judicial District.-Washington and they may be in attendance. Allegany counties. DECLARATION OF RIGHTS-TREASON. Seventh Judicial District.-Howard, Anne The Convention resumed the consideration Arundel and Prince George's c(ounty. of the Declaration of Rights, reported by the Eighth Judicial District.-Charles, Calvert chairman on its second reading, to which and St. Mary's counties. Mr. Stirling had submitted: the following Ninth and Tenth Judicial Districts.-That amendment: the city of Baltimore shall be divided into Article 26, strike out all after the word two Judicial Districts, in which the fohow- "that'in the first line, and insert: "No coning courts shall be created: viction shall work corruption of blood, nor The First District shalt embrace the first shall there be any forfeiture of the estate of ten wards-the 1st, 2d, 3d, 4th, 5th, 6th, 7th, any person for any crime except treason, and 8th, 9th and 10th. then only on conviction." The Second District shall, embrace the re- To which amendment Mr. Clarke had submaining ten wards-the 11th, 12th, 13th, mitted the following amendment: 14th, 15th, 16th, 17th, 18th, 19th and 20th. Add the words "' which forfeiture of estate Each of said districts shall contain one shall only continue during the life of the Circuit Court, the Judge of Mwhich shall be person convicted." elected for twenty years by the qualified vo- Mr. ToDD. I am opposed to the amendters of the wards composing each of said ment offered by the gentleman from Prince districts. Each of them shall also contain a George's, (Mr. Clarke,) and in favor of the Court of Equi-y, Probate and Administra- adoption of the amendment offered by the tion, in which there shall be a Chief Presid- member from Baltimore city, (Mlr. Stirling.) ing Judge, learned in the law, who shall be In the discussion which was had here yeselected for twenty years, with two associates, terday, reference was made to a passage. of 17 250o Scripture, perhaps by the gentleman from Now upon this passage of Scripture, I Howard, (Mr. Sands,) and afterwards corn- have consulted Dr. Clarke and MAr Scott, mented on by the gentleman from Kent, both eminent commentators..(Mr. Chambers,) who seems to have turn- "Idolatry," says Dr. Clarke, "is particued commentator, and to'have interpolated larly intended, and visiting sins of this kind some words at the end of that passage of; refers principally to national judgments. By Scripture which totally change its signifi- I withdrawing the Divine protection the idolcation. We are all, I presume, disposed to atrous Israelites were delivered up into the -acknowledge the ability of the gentleman as hands of their enemies, from whom the Gods, a jurist; but when he touches that sacred in whom they had trusted, could not deliver volume, and puts words into the mouth of them. This God did even to the third and,Deity which were never uttered, and insists fourth generation, i, e. successively; as may upon a signification that was never designed, be seen in every part of the Jewish history." he lays himself open to criticism; and I have Scott says-"- It is evident that children in no hesitancy whatever in acting-as a critic general are sufferers by the crimes of their under the circumstances. I understood the parents; but Israel'was under a peculiar covgentlemen, after quoting the passage in ques- enant, which idolatry violated in its primary tion, to add, at the end of' it,'" where the condition. If then the parents forfeited the children sin;" that is, that God visits the covenant-blessing, their posterity must suffer transgressions or the iniquities of the fathers the effects of the forfeiture. As this was inupon the children unto the third and fourth tended to restrain them from sin by means generation where the children sin. There is of natural affection, the third and fourth no such language used in the passage of generation only are mentioned; for they Scripture to which reference is made. could not expect to see more of their posteriMr. CHAMBERS. I did not profess to give ty: or it may imply, that the Lord being a quotation of the language, but of the spirit. ready to forgive the effects would cease after While the sins of the father were visited upon that period unless the children persisted in the children, those that continued in sin, the sins of their parents." there was not in the spirit of the gospel any It will be seen from this, that it is held by such doctrine in regard to the children who scribes as eminent for their research into the were righteous children of sinful parents. I teachings of divine truth as is the gentleman did not profess to make a quotation from from Kent for his erudition and complete masScripture, but to give what I maintain is the tery of human enactments, that it is not inspirit of the gospel. consistent with the recognized justice of the Mr. TODD. I am ready to meet the gentle- divine Being, the great Legislator of the uniman upon that point. The passage of Scrip- verse that the children should suffer on acture to which reference has been made, is count of the sins of the fathers. Indeed the contained in the Decalogue. It was graven same doctrine is taught by what we see ocupon the tables of stone which were given to cu rring around us every day, and have seen':Moses amid the smoke and lightnings and all our lives. We see the man who is adthunders of Mount Sinai, and was re-enacted dieted to his cups, and who in this way by our Saviour when he said to the world, squanders his life, and his property, and that the first and great commandment is, brings poverty and disease and loss of repu" Thou shalt love the Lord thy God with all tation and dishonor upon his family succeedthy heart," and the second is like unto it, ing him. " Thou shalt love thy neighbor as thyself." We have only to recur to an event in the These enactments, whatever may be said of history of our nation, to he satisfied that the other Scripture, other laws and usages prac- particular question that now engages the at-tized among the Jews as a nation, have never tention of the Convention, treason against been revoked. They stand the same to-day the Government, does in many instances as they have always stood; and they will transmit its stigma to succeeding ages. Men stand unchanged and unchangeable until the who occupied the unenviable position of toend of time. Christianity is but a re-enact- ries in the war for our independence, not ment of the' principles they contain. I will only suffered the reproach themselves but the read the words to which reference has been stain has fastened itself upon their children, made. They are contained in the twentieth and it has been to this day almost impossible chapter of Exodus: for them to wipe out the stigma which at"' Thou shalt not make unto thee any gra- taches to the name of traitor; and men of ven image, or any likeness of anything that the present generation may learn wisdom is in heaven above, or that is in the earth be- from what is past. neath, or that is in the water under the From the quotation I have made from the earth. Thou shalt not bow down thyself to Scriptures, and from the commentaries upon them nor serve them; for I the Lord, thy it by Drs. Clarke and Scott, it will be seen God, am ajealous God,visitifg theiniquity of that idolatry was the particular sin which the fathers upon the children, unto the third Jehovah denounced in such bitter language and fourth generation of them that hate me." and against which he enacted such fearful .251 penalties, reaching not only to the individual MI r. CHAMBERS. I do not mean to go into himself, but to those who should come after an elaborate argument unnecessarily upon him, to tqe third and fourth generations. the remarks of the reverend gentleman. I What was idolatry under the Jewish dispen- will only say that I am not quite willing to sation? I say, sir, that it was treason, and remain under the imputation of adding, to the only treason known to the Jewish law. texts of Scripture. It is not my business to God was their great Legislator. He was the devote my whole life to the study of Scripgreat Executive. He was the great embodi- ture, as it is the duty of that gentleman, ment of the Judiciary, and of every system who however I see can spare a portion of his and part of that government. It all concen- time to devote to politics, leaving someother trated in Him. Hence idolatry, which was person to attend to the appropriate duties of the recognition of another God not known to his profession in ministering to the souls their lawn another authority not recognized committed to his care. However zealously by their government, was treason, and the he may have studied that holy book he has only treason which could exist under the introduced here, he has evidently not quite Jewish dispensation; and it was with espe- so studiously exanmined the Constitution of cial reference to the sin of treason that God the United States when he tells us that the enacted those fearful penalties. Constitution of the United States allows the That I understand is the question under forfeiture of the property of the traitor withconsideration before this Convention to-day, out any qualification. If the gentleman will covered by the amendment of the gentleman spare another portion of his time from the from Baltimore city, (1Mr. Stirling.) If it was special labors of his calling to read the Conconsistent and in harmony with the princi- stitution, he will find that directly the reples of divine government to enact a law, verse is true. The Constitution of the United the penalty of which should reach not only States has carefully prohibited the confiscato the individual transgressor, but to suc- tion of property in just so many words. ceeding generations; and if that general Judge Story says in his treatise on the Conprinciple has been incorporated in the prin- stitutionl, and certainly he is as well versed ciples of Christianity and been re-enacted by in the law as the gentleman in his profession, our Saviour, then they hold good to-day, that it has imposed on Congress two limnitaand are as applicable to the circumstances tions on the punishmient of treason. Those that surround us to-day as they were under limitations are: 1st. There shall be no corthe circumstances that existed at the time ruption of blood. 2d. There shall be no these fearful words were uttered. confiscation of property. I merely rose to I think that those who met in Convention correct the gentleman who has attempted to to frame the Constitution of the General Gov- correct your humble servant. ernment, the organic law of the nation, did Mr. CLARiRE. I do not rise to add anything right when they put into that organic law a to what has been said in reference to the provision specitfing that the consequences to statement made by the gentleman from Kent the traitor should be the forfeiture of his es- (Mr. Chambers.) I agree perfectly with him tate without any conditions or qualifications in that statement. Although it has not been whatever. I am in favor of conforming, in my avocation to expound the Scriptures, our organic law, to the organic law of the among men, I try to read the Bible, and I United States Government. 1 am therefore try to act up to the principles and precepts in favor of the adoption of the amendment of it. I am not by my calling so thoroughly of the gentleman from Baltimore city. conversalnt with the Bible as the gentleman It is not to be wondered at that gentlemen from Caroline (Mr. Todd) may be supposed should labor to screen their friends from the to be, if lie carries out properly the duties of consequences which legally attach to their a good shepherd over his flock; but I would insane treason. But the question for us to quietly ask him here, since he has brought consider is: What is right'! What will cor- the holy book and read to us to-day from its form our organic law upon this subject to the sacred pages, where is his flock? fundamental principle recognized in the Con- Mr. TODD. If the gentleman desires an stitution of' the United States, and emanating answer, I will give it now. I have no pasfrom the fountain of all good government? toral charge, and have not had for three I say: for one, that the amendment of the years. gentleman from Baltimore city will conform, Mr. CLARKE. Then you have devoted yourour organic law to the organic law of the self to politics for three years.? United States, and will conform it also to Mr. STOOKBRIDGEn. I rise to a point of orthe generally recognized principles which lie der; that this is entirely irrelevant to the at the foundation of all good government. I matter before the Convention. shall therefore vote against the amendment Mr. CLARKE. I merely wish, in reference of the gentleman from Prince George's (Mr. to the scriptural injunction which has been Clarke) and for the adoption of the amend- quoted in vindication of the amendment'of ment of the gentleman from Baltimore city the gentleman from Baltimore city, to read (Mr. Stirling.) the 18th chapter of Ezekiel.. 252 ThePREsIDENT. The gentleman from Caro- "20. The soul that sinneth, it shall die. line (Mr. Todd) had the right to read from The son shall not bear the iniquity of the the Scripture, and of course every gentleman father, neither shall the father bear the inihas a right to put his own interpretation quity of the son: the righteousness of the upon it. The Chair cannot restrain the dis- righteous shall be upon him, and the wickedcussion unless it takes the form of personality. ness of the wicked shall be upon him."' Mr. PUGH. That was the point; it was a I will simply: let Scripture speak in its personal discussion. own eloquent language, without adding one Mr. CLARKE. I considered myself at liberty word. to refer to it, as the gentleman himself said MEr. CUSHING. I want to bring back the that was his profession. discussion, if possible, to the amendment Mr. TODD. I made no reference to it. that is before the Convention from the wide Mr. STOCKBRIDGE. The profession of gen- range it has taken this morning. We have tlemen is not relevant to the subject before listened to the words of the prophet rendered the Convention. in a voice so sweet that one would almost Mr. CLARKE. I was referring to his pecu- suppose that the voice of Ezekiel hirmself was liar knowledge of the Bible. sounding. But I have been unable to see The PRESIDENT. Thegentlemanfrom Prince how in the slightest degree it had any bearGeorge's (Mr. Clarke) can proceed in order. ing upon the amendment before the ConvenThere must be no personal allusions. tion. Mr. CLARKE. I turn to the 18th chapter of Mr. CLARKE. I was only replying to the Ezekiel in reply to the commentaries which Scriptural interpretation of the gentleman the gentleman has cited with regard to the from Caroline, (Mr. Todd.) punishment of treason, and visiting the sins Mr. ToDD. I intended to have myself inof the fathers upon the children: troduced the same passage of Scripture that "' 2. What mean ye that ye use this proverb the gentlemen read, but thought it was not concerning the land of Israel, saying, the proper to do so. I could show very clearly fathers have eaten sour grapes, and the chil- that it his no reference whatever to the predren's teeth are set on edge? sent state, but only to the future; certainly " 3. As I live, saith the Lord God, ye shall no reference to treason. not have occasion any more to use this pro- Mr. CUSHING resumed. Whatever may be verb in Israel. our opinions upon that, there seems to be no " 4. Behold all souls are mine; as the soul difference of opinion here, that to take away of the, father, so also the soul of the son is a man's life for treason is the just and pro — mine: the soul that sinteth it shall die. per punishment of his treasonable acts. I " 5. But if a man be just, and do that think we forget that we are here to legislate which is lawful and right; and not to advocate. The whole tenor of the "6. And hath not eaten upon the moun- debate among the gentlemen opposed to the tains, neither hath lifted up his eyes to the introduction of this amendment has been that idols of the house of Israel, &c. of advocates appealing to mercy, forgetting:" 9. Hath walked in my statutes, and hath justice. The object of this penalty for treakept my judgments to deal truly; lihe is just, son, is justice and not mercy. Justice is the he shall surely live, saith the Lord God. duty of the lawmaker. To appeal for mercy "10. If he beget a sonthat is a robber, a | for the suffering wife and children is the part shedder of blood, and that doeth the like to of the advocate, before the jury and the any one of these things," &c. court, and not properly introduced before 1'. Shall he then live? he shall not live: the Convention in considering the penalty he hath done all these abominations; he shall proper to be attached to treasonable acts. surely die; his blood shall be upon him. Gentlemen argue here, as if appealing to a " 14. Now, lo, if he beget a son, that seeth jury, rather than as arguing before a Constiall his father's sins which he bath done, and tutional Convention. considereth, and doeth not such like, If to take a man's life is not too hard, does " 15. That hath not eaten upon the moun- it make it any harder to take that away all tains, neither hath lifted up his eyes to the of which he would give for his life? Is it idols of the house of Israel," &c. any harder to take away from the rich man's " 17. He shall not die for the iniquity of children his property, than to take away his father, he shall surely live. trom the poorWman's children the life that is "18. As for his father, because he cruelly giving them bread? Gentlemen seem to foroppressed, spoiled his brother by violence, get that in most cases oftreason, which may and did that which is not good among his be tried, life and bread go together. The people, lo, even he shall die in his iniquity. cases wh.lere there may be any large property " 19. Yet say ye, why? doth not the son will be but few; but in the bulk of the cases, bear the iniquity of the father? When the the life and subsistence of the family will deson hath done that which is lawful and right, pend on the life of the man convicted of treaand hath kept all mny statutes, and hath done son; and by taking away that life, you take them, he shall surely live. away the support of his family'. 253 The question is simply as to whether the that he has, both of life and of property; if heirs shall be entitled upon the commission haply we may keep thereby any more from of treason, and conviction, resulting in the treason, or if we cannot, that we may at taking of the life of the traitor, to inherit his least punish them. property. The object of the forfeiture of the And if any hereafter shall commit treason property of the traitor seems to have origi- against the State of Maryland, let there be nated in the desire in the minds of the law- no possible variety of interpretation as to the givers, to prevent, if possible, the commis- law of Maryland onthat point. Let the man sion of the act which is to' be punished. who shall hereafter commit treason against There are many men in this country traitors, the State of Maryland do it with his eyes who, if they had believed that by the laws of open, and knowing that he is in all probathe United States their property as well as bility sacrificing all. We have a right to their lives were at stake, would have hesi- use the past so far as it may guide us in legtated ere they committed treason, and entail- islating for the future. We *have a right to ed what gentlemen are pleased to call pun- look back and see whether a doubtful interishment upon their families. But trusting to pretation has aided treason. If it has aided the leniency of the jury to save their lives, treason, in the case of any other State or of and trusting to their interpretation of the the United States, or of any other country, Constitution of the United States to save their we have a right to learn a lesson from it, and property, they have supposed that with comn- apply it to our own case. We are not here parative safety they could commit treason. to confine ourselves to the light shed by the Hence we find to-day a large portion of our Constitution of Maryland alone. We have country plunged hotly into treason by' the a right to take the whole range of the history operation of that style of argument. of every land and every people. Gentlemen have quoted the Constitution of I think the question resolves itself into the the United States as under their interpreta- opinion of the members of this Convention. tion prohibiting us from levying a penalty If they consider treason as a crime of so dark for treason against the State of Maryland. a dye that the utmost punishment that the Gentlemen seem to think that we are to be law can inflict upon the individual, and regoverned in this by the law of the United quiring of the lawgiver the imposition of the States, and that therefore our Constittution extremest penalties, they will vote for absomust agree verbatim with that of the United lute forfeiture of the estate. But if, uninStates. If the people of Mlaryland choose to structed by the past, we have not learned decree that they will take a broader view of that treason is a grave crime; if we have the iniquity of treason, and regard it as of a been taught that treason is a little thing, a darker dye than it appeared to those who thing to be committed, then repented ofr and framed the Constitution of the United States, then pardoned; it is in the power of the so long as there is nothing in the legislation Convention so to express its views in the we propose which conflicts with the Consti- formation of the organic law of this State. tution of the United States, I do not see why Mir. EDELEN. I belong to that class of there should be any difficulty. members composing this body, who in the One gentleman has reasoned that by such general course of action would be disposed a process we are giving to the Constitution to forbear any discussion of the questions of the United States the interpretation that brought before the body for their consideryou can try a man after he is dead. Anoth- ation, and content themselves with listening er has appealed to you to know whether you to the arguments offered on either side and would punish the wife and the children, and voting according to the best of theirjudgment, has given us to understand that in general for theinterest of the State. Buttheproposicases they may be or are ignorant and with- tions which have been advanced before this out influence over the acts of the husband. I body in this discussion, particularly those must say to gentlemen that wemust legislate advanced yesterday by my friend from for the future in the light of the past. Even Howard, (Mlr. Sands,) and endorsed, as I on his own ground, we have not found wives understand, by the chairman of the commitignorant, nor have we found them without tee, (Mr. Stirling,) are so utterly and eninfluence. Perhaps half the treason in our tirely opposed to what I conceive to be the land may be traced to the wives and the true theory of the principles of our Constimothers. I do not offer this as an argument tution, State as well as Federal, so little in in chief, but as a fair rebuttal of the argu- harmony with the civilization and humaniment for mercy on the ground of ignorance ty of the age, that I feel that I should be and on the ground of want of influence. We recreant to the trust which my county has know the fact that the wives and children of in part confided to me, if' I did not raise a traitors are not without knowledge, and we protest against these encroachments upon believe that they are not without influence the true theory of government, as well by in their counsels, and. trust therefore that we my voice as by my vote. shall at least meet the sentiments of the peo- I will not follow the gentleman from Carpie, that treason should deprive a man of all oline (Mr. Todd) in reference to the propo 254 sitions advanced in his argument from Scrip- Now apply the simple rule of interpretature. I leave him in the hands of the gen- tion to this section that we are to apply to tleman from Kent (Mr. Chambers) and the the construction of all laws, and all enactgentleman from Prince George's, (Mr. ments, that you must construe the whole Clarke..) I had hoped that the report from together, and not disconnect one, part from the Committee on the Declaration of Rights, another, give to each word its full meaning following exactly in this respect the language or import,' up res zmais valeat guaz peof the old Declaration of Rights, the Magna reat," and it seems to me its construction is Charta of the people of Maryland, would clear beyond doubt or cavil. have beeh adopted without any attempt on Congress shall have power to declare either side of the House to engraft upon it the punishment of treason With what an amendment so widely differing from the restriction? With what qualification?article as reported by the chairman of the Congress shall have power to say that committee to this House. I had hoped it a man who has committed treason and might stand in its fullness, in it3 integrity, been convicted thereof, shall be hanged that no conviction should work corruption by the neck. They have the power to say of blood or forfeiture of estate. What that he shall be incarcerated in the penitenlight has dawned upon the mind of the tiary. They may go further than that, and chairman of the committee since he made in the language of Blackstone, quoting the that report a fornight ago? Whataddition- common law, they may enact al reasons exist now that did not exist then 1. That the offender be drawn to the galhe has not seen fit to tell us. I cannot an- lows, and not be carried or allowed to walk. swer for any gentleman's motives. But I 2. That he be hanged by the neck, and proceed briefly to argue one or two proposi- cut down alive. 3. That his entrails be tions that have been argued-of law and not taken out and burned, while he is yet alive. of Scripture. 4. That his head be cut off. 5. That his My friend from Howard, (Mr. Sands,) in body be divided into four parts. the course of his argument on yesterday, They may provide all this, and the only obmade a great flourish of his opinion upon jection to it would be that such punishments this subject of Constitutional law.''I give,'' would not be in keeping with the civilization said he, "my opinion to this Convention. and humanity of the age in which we live. I will not confine it to the limits of this Hall. But they cannot decree the forfeiture of estate I am content that, it shall go forth through the beyond the life of the offender. They canbroad extent of this land, and upon the wings not tread that ground. Aly act of Congress of electricity, that the world may know it." made in contravention of that provision Mr. SANDS. If the gentleman will permit would be unconstitutional and void, and me I will suggest that my opinion was given I would be so declared by any court in this because it was asked for by the gentleman country. I will proceed to read the comfrom Prince George's (iMr. Clarke.) It was! ments of Judge Story, to whom my friend not forced upon the Convention. It was from Kent (Mr. Chambers) has referred: drawn from me. " The propriety of investing the National Mr. EDELEN resumed. I understood him Government with authority to punish the to insist upon his interpretation of that arti- crime of treason against the United States cle in the Federal Constitution as the true could never become a question with any perone; I understood the chairman of the com- sons who deemed the National Government mittee to agree with him, and the gentleman worthy of creation or presumption. If the from Caroline (Mr. Todd) took the same power had not been expressly granted, it ground upon that point. I now briefly call must have been implied, unless all the powthe attention of the Convention to the words ers of the National Government mnight be of that article, intelligible not alone to gen- put at defiance and prostrated with impunitlemen whose business it has been to study ty. Two motives probably concurred in inlegal provisions and constitutions, but so troducing it, as an express power; one was, plain, and in such simple and positive lan- not to leave it open to implication, whether guage that he who runs may read its mean- it was to be exclusively punishable with ing. I will read from one of the ablest com- death according to the known rule of the mentaries on the Constitution of the United common law, and with the barbarous accornStates. [3 Story, 169.] paniments pointed out by it; but to confide "The third section of the fourth article the punishment to the discretion of Congives a constitutional definition of the crime guess. The other was to impose some linmiof treason, (which will be reserved for a tation upon the nature and extent of the separate examination,) and then provides: punishment, so that it should not work cor" The Congress shall have power to declare ruption of blood or forfeiture beyond the the punishment of treason; but no attain- life of the offender." der of treason shall work corruption of That is what Judge Story says upon that blood, or forfeiture, except during the life point, and it seems to me that it surely puts of the person attainted." that point at rest. The gentleman from Bal 255 timore city who has last spoken (Mr. Cush- to inaugurate and engraft on our organic ing) has made some allusion to the law as it law a principle which has been long since exists in other countries; and for the bene- discarded by the intelligence of the whole fit of him and the gentleman from Caroline civilized world? I am not disposed, I do. (Mr. Todd) I will now say that inasmuch as not feel that I would be justified in consuming they are so anxious to incorporate the pro- the precious time of the Convention by enterposed amendment of the gentleman from ing into any argument to convince gentlemen. Baltimore city (Mr. Stirling) into the Con- how unfounded in reason, how unjust in stitution of Maryland, that if he wants to its operation would be the proposed amendmake it conform to the Federal Constitution, ment of the gentleman from Baltimore city, he should vote for the amendment offered by (Mr. Stirling.) the gentleman from Prince George's, (Mr. For two days last week, and I think part, Clarke,) narrowing down and restricting the of a third, the echoes of this hall resounded. forfeiture for treason to the life of the offend- with the eloquence of gentlemen-the meme er only. Now what has been the legislative ber from Baltimore city (Mr. Stirling) leadexposition of this provision of the Constitu- ing the advance, and my friends from the. tion? It is doubtless known to many mem- other side of the chamber following in his. bhers present that in 1790 Congress passed an footsteps, in language loud and vehement, act in which they expressly said under this against the right of the Legislature of Maryprovision of the Constitution that it should land to imposea capitation tax, as " grievous not work corruption of blood or forfeiture and oppressive." These words resounded in beyond the life of the party convicted, and our ears many a time, and not many of us declared the punishmlent of treason to be will soon forget how grievous and oppressive simply death by hanging. [Act of 13th it was said to be for the Legislature to imApril, 1790, ch. 36.] pose a capitation tax. I agreed with these. To come down to England and other coun- gentlemen, and although my views were not tries to which reference has been made by expressed to the Convention, they were ex:the gentleman from Baltimore city, (Mr. pressed upon the records of the Convention, Cushing,) how do we find the law there? which will show my vote recorded with the Have they not long- since, under the influ- majority upon every one of the propositions ence of the progress and advancement of the introduced uppn that subject looking to the age in which we live, wiped out this thing retention in the Constitution of the restricfrom their statute books? I believe a century tion on the Legislature covered by the amendago a statue was passed in the reign of some ment that was introduced by the gentleman one of the sovereigns of England, (whose firom Harford (Mr. Galloway) and afterwards name I cannot now recall, ) narrowing down adopted by the Convention. and restricting this forfeiture to the life of I put it now to gentlemen, if that was the the party offending. Even in England now case; if the terms grievous and oppressive the descendants of the party convicted have could be then used with truth, what language not visited upon their heads any of the sins known to the English vocabulary shall I of the traitor. There has been some recent adopt to express in terms fit and becoming legislation in our own country on this sub- the proposition now before us. Is it not ject, which I commend particularly to the monstrous? Is it not opposed to all princiattention of my friend from Howard, (Mr. ples of right and justice? Theinnocent child, Sands,) who professed yesterday to be such I irresponsible being-the wife, who perchance a warm supporter of the present head of the at one time has whispered in his ear salutary country, who said that he was a Lincoln words of' warning against the traitorous man, that he was for " Old Abe." Has it course upon which he was about to embark. escaped his memory that Congress in 1862 Are we to visit upon them the crime of the passed a law confiscating the estates of rebels, erring husband and father? This question and forfeiting them for a longer period than goes further. You put the seal of condemthe life of the offenders, and that the Presi- nation not only upon the wife and innocent dent of the United States took the opposite child, but upon the child yet sleeping in its ground upon this provision of the Constitu- imother's womb. Ere that child has seen the tion to that which he now takes, and refused light you fix upon its innocent head the seal to sign the bill until Congress had passed the of condemnation. Yes, sir; this rule would explanatory resolution of July 17, 1862, in extend its operation to posthumous children. which they use these words: The day they coume into being after the death "Nor shall any punishment or proceedings of their parent, they would have a share in under said act be so construed as to work the inhumanity which the gentlemen who a forfeiture of the real estate of the offender advocate this amendment are seeking to enbeyond his natural life." graft upon this Magna Charta of our rights. What is proposed to be done here to-day? I do not propose to go any more at length To go on in the path of advancement in which into these topics. I am content to let this we have entered, and to tread no step proposition stand in the Constitution as it backward? No, sir. It is gravely proposed was adopted in 1850. If the majority of the 256 Convention determine that in addition to Constitution, in 1788, it was precisely or that there shall also be some forfeiture for nearly in the identical language in which we treason, I hope still that we may confine this now find it incorporated therein. So agreed forfeiture within the limits prescribed by the were the members of that Convention upon amendment of the gentleman from Prince this subject, that although they differed wideGeorge's, (Mr. Clarke.) I will conclude by ly upon other matters, this proposition was reading from Judge Story what he says upon engrafted upon the federal Constitution withthe reasons upon which the law of olden out resistance and without any argument times, the common law, was founded. At whatever. Judge Story proceeds: one period of the history of England, the " By the laws since passed by Congress, it same punishment was visited upon the man is declared that nio conviction or judgment, who conspired against the life of the king as for any capital or other offences, shall work upon the humblest citizen who was convicted corruption of blood, or any forfeiture of esof stealing a chicken-the punishment of tate. The history of other countries abundeath. I will show you what Judge Story dantly proves, that one of the strongest inhas to say of the grounds upon which it was centives to prosecute offences, as treason, has attempted to place this right of forfeiture be- been the chance of sharing in the plunder of yond the life of the party at the expense of the victims. Rapacity has been thus stimuinnocent offspring: lated to exert itself in the service of the most " The reasons (says Judge Story) com- corrupt tyranny; and tyranny has been thus monly assigned for these severe punishments, furnished with new opportunities of indulgbeyond the mere forfeiture of the life of the ing its malignity and revenge; of gratifying party attainted, are these: By committing its envy of the rich, and good; and of intreason the party has broken his original creasing its means to reward favorites and bond of allegiance, and forfeited his social secure retainers for the worst deeds." rights. Among these social rights, that of Mr. President, I am done. If there be transmitting property to others is deemed those in this Convention who will not reone of the chief and most valuable. More- spect the teachings of the able interpreter of over, such forfeitures, whereby the posterity constitutional law whom I have just cited, of the offender must suffer as well as himself, there is small chance of their being influenced will help to restrain a man, not only by the by anything that I might say. I conclude sense of his duty, and dread of personal pun- with the words of warning addressed by ishment, but also by his passions and natural Montesquieu in his Spirit of the Laws,'"that affections; and will interest every dependent this offence of treason, more than any other, and relation he has to keep him from offend- should be rendered fixed and certain, for ing. But'this view of the subject is wholly if left uncertain and indeterminate, it will unsatisfactory. It looks only to the offender speedily carry any country under the yoke himself, and is regardless of his innocent pos- of arbitrary and despotic power." terity. It really operates as a posthumous Mr. STOCKBRIDGE. I had not designed to punishment upon them, and compels them to offer any remarks upon the question before bear not only the disgrace naturally attendant the Convention, and would not do so now upon such flagitious crimes, but takes from but for the apprehension that if we surveyed them the common rights and privileges en- the ground carefully, to see wherein we are joyed by all other citizens, where they are agreed, and wherein we differ, we should find wholly innocent, and however remote they that we are, after all, contending about a may be in the lineage from the first offender. very small matter. The amendment proIt surely is enough for society to take the life posed by my'colleague (Mr. Stirling) is this: of the offender, as a just punishment of his " No conviction shall work corruption of crime, without taking from his offspring and blood, nor shall there be any forfeiture of relatives that property which may be the only the estate of any person for any crime except means of saving them from poverty and ruin. treason, and then only on conviction." It is bad policy too; for it cuts off all the The gentleman from Prince George's (Mr. attachments which these unfortunate victims Clarke) has moved to amend that by adding might otherwise feel for their own govern- " which forfeiture of estate shall only conment, and prepares them to engage in any tinue during the life of the person convicted." other service, by which their supposed inju- My chief objection to that addition is that ries may be redressed, or their hereditary it leaves the question, in my judgment, amhatred gratified. Upon these and similar biguous, which would be clear and positive grounds it may be presumed, that the clause without the addition, The simple question was introduced into the original draft of the is one of restriction of the Legislature. PracConstitution, and after some amendments it tically the Legislature of Maryland or of any was adopted without any apparent resist- other State has very little to do with treason. ance." At the time of the adoption of our original I call the attention of members to the fact Constitution, to which the gentleman who that when this provision was. first reported has just taken his seat has referred, we were to the Convention which prepared the federal in an entirely different situation from that 2517 we occupy at present. The national Consti- a part of the punishment of the crime, it is tution had not then been formed. The dif- sold by the State, and the proceeds go into ferent Colonies then growing into States were the State treasury, like any other fine. I not yet recognized by the mother country as suppose no person designed that the heirs, in free. They passed treason laws, and they case of the death of the person so convicted, passed Constitutions restraining the punish- and whose property was so forfeited, should ment of treason, as was right. But when the have the right, upon his death, to reclaim National Constitution was adopted, when from the State the proceeds of that property the National Government took cognizance of so forfeited. this crime, and hedged up its punishment, The question is merely this: Suppose in the thing became practically in the State addition to that property he had real estate Constitutions a dead letter. The law did which was declared forfeited as a consequence indeed remain upon the statute book of Mary- of the crime of treason. Shall that forfeiture land a law against treason, but it stood there be final and conclusive, or shall that property a forgotten law. There were no prosecutions upon his death revert to his heirs? I profess under it. No attempt was made to enforce myself utterly unable to see where the great it, and so far as I know it was never adverted distinction is, in this matter, between real to until the Legislature met in this hall in estate and personal property. A man dies 1862. Then a new treason law was passed. convicted of treason, with the sum of $2,000 But practically that law has had no effect, in real estate. Another man is convicted of and has accomplished nothing; but the pun- precisely the same treason, and he is worth ishment of treason is left in the hands of the precisely the same amount in personal estate. National Government. Both have been arrested and convicted of We are now framing a Constitution for the treason. Both have been fined, as they may State. We are to agree that under the laws be at the discretion of the law. One of them of the State no conviction shall work cor- has personal property, and pays his fine. ruption of blood. We all agree that great The other has no personal property-but his as is the crime of treason, and I believe gen- estate can be condemned and sold to pay the tlemen upon all sides agree that it is the fine so imposed. Shall the heirs of the man greatest of crimes, no conviction of treason who was possessed of personal property, and shall work corruption of blood; which means who paid the fine, have no right of reclamanothing more or less than that it shall not tion against the State; and shall the heirs of deprive the heir of the right to inherit from the other, who chanced to have his property or through his deceased ancestor who is con- in real estate, have the right to reclaim that victed of treason. He may inherit from him. property? He nmay inherit through him, For example: That is all the distinction. Gentlemen suppose the day after the death of the person may talk as they please about the punishment convicted of treason the father of the person of innocent children and dependent families. so convicted and so deceased should die pos- You cannot avoid that; for wherever there sessed of a large estate. With this enact- is a punishment inflicted in the very nature ment, with this provision, upon which we of a fine of any kind, those intimately conare all agreed, the children and heirs of the nected suffer more or less with the person. deceased convicted of treason could inherit Shall the suffering be made different because from that grandfather, through the deceased the property happened to be personal proconvicted. To that we all agree. perty, than if it happened to be real property? Then we come to the other question: Shall I do not see the force of the distinction. The it work a forfeiture of the estate of the person fine, if there be a fine imposed, I understand convicted? This is a vague terml-forfeiture should be an absolute fine. The law does of estate. The treason law of Maryland ad- not attempt to confiscate any specific promits no forfeiture of the estate of a person, perty. The only punishment or forfeiture, except it be that portion of the estate which unless in the case of munitions of war, is in is personal property, of course,, which was the nature of a fine; and from whatever used as the means of committing the specific source the money is drawn that is to pay that treason. The purchased arms, ammunition, fine, whether from personal property or real anything to aid the person actually engaged property, the hardship, if there be a hardship, in the commission of the treason, were for- is after all the same. If there be an effort to feited by that law to the State, as a necessary adopt legislatively here a punishment for consequence of the conviction. I apprehend treason against the State, of which the Nathat the gentleman from Prince George's, tional Government cannot take action,because (Mr. Clarke,) or any other gentleman who over its acts and over treason against it we advocates his amendment, does not design to can have no control, if there should be such take the ground that the addition of this a crime against the State, where is the hardclause would prevent the forfeiture of such ship of punishing it? property from being a complete and final for- This may give rise here, as it has in Confeiture. It cannot be otherwise. If that gress during the present session, and during personal property is forfeited to the State as the last year, to a great discussion about 258 what is meant by a forfeiture of estate during not force.my:opinion upon this.question upon the life of a person. The question has been. the Convention; but having. been asked for whether it was a conviction during the life, my opinion, I humbly stated that as my or a forfeiture for the duration of the life, view; that no government has the right, for whether it was a limitation upon the time of the crime of any.man, to forfeit more, nor conviction, or a limitation upon the time for can it in law forfeit more than is really his. which the forfeiture was made. I desire to Then I come to the other proposition, that if see no such ambiguity incorporated into our I renounce allegiance, and commit treason Constitution. Let us have it expressly de- against the government, I lawfully forfeitclared, if it should be of any importance all. That is my view df the law. that we should take cognizance of treason at I. must say in reply to another observation all, unambiguously declared, so that it shall made by my friend in the same kind spirit strike equally at all, and not respect the which characterized all his remarks, that the rights, if they be rights, of persons possessed fact that I endorsed the President of the of real estate more than of persons possessed United States in many things does not of of personal estate. So that I apprehend we course bind me to endorse his opinions of are doing no hardship towards any persons constitutional law. If I endorse his policy. excepting the persons who must necessarily in regard to the prosecution of this war for and unavoidably suffer from their connection the restoration of the Union, and the asserby near and dear ties to a person convicted tion of the supremacy of the government of of this great crime. the.United States over all its territory, and Mr. SANDS. I would like, as the gentle- if I endorse him in many other things, it man from Charles (Mr. Edelen) alluded to does not follow as a consequence that his me, to say a word in reply; and I shall do opinions in regard to constitutional law are it in a much calmer tone than I usually do, binding upon me. because of the very kind and courteous man- I think the gentleman evidently mistook ner with which he spoke. Courtesy and the point of my argument yesterday touchkindness I love so much that it is always a ing this provision in the Constitution of the great pleasure to me to return them. I wish United States. My pointwas this: that treato suggest to my friend a matter which may son shall not work corruption of blood. I be raised by a question. agree that it shall not. But still I declare Under the English law of entailed property, it as my impression in regard to this matter, what estate does the heir take? I ask that as that the fact that it does not work of necesa question of law touching the right of for- sity corruption of blood, which would of feiture there and here; because upon the course be an absolute forfeiture of all the esanswer to that may depend the whole argu- tate and all the rights of any party taking ment. Yesterday my argument proceeded under or proposing to take under the party upon this assumption that there were two convicted, by no means leaves Congress withthings'in government: allegiance, which out the right in specific cases to punish treamust be perfect; and protection which must son; as it declares in the first clause of this also be perfect; that is, to the whole estate, section, " Congress shall have power to deor the property. There is a wide distinction dare the punishment of treason." I say between estates taken under the law of pri- that it shall have that power; not a limited mogeniture and those taken under our law. power; not a restricted power, the simple There are many distinctive features that rule being that this provision of the Coustimight, and in a perfectly legal point of view tution does not of itself of very necessity do account for the differences in the system. work the corruption of blood. That was My argument was only this, that the party my argument yesterday, and that is my arguilty of treason forfeited his all. Now if gument and position to-day; that this is the party's estate be in fee, if it be a perfect mercifully meant to say of the children of estate, if it is his absolutely to alienate, or to traitors, if Congress in its just judgment and do as he pleases with it, then under my argu- in the exercise of its constitutional authority, ment he forfeits the estate in fee. But sup- shall deem the children of such traitors fit pose a party has a life estate with a remainder subjects for its magnanimity, its generosity, over to another party. The remainder man or its leniency, it may do so. being perfectly innocent of any crime, I put A great deal has been said about what we itto the gentleman as a matter of law, would would put on innocent children. Pursue there be any justice, any equity, in forfeiting this argument, as a matter of law and logic, more than the estate of the party guilty of to its terminus. When a man is executed the act. Assuredly not. Nor do I propose, under the fiat of the law for the crime of nor does the line of argument I pursued pro- murder, who is guilty of the cruelty to his pose any such forfeiture. It was just this, children? Who stamps them with disgrace? that the party forfeited what he had, all he Who takes from them the protection which had, and nothing which of right belonged to God meant they should have from their another party. father? Is it the law? Will gentlemen say I said that, I thought, was the law. I did that the law stamps with disgrace the child 259 of the felon, or the convict? Or is it the con- heartless world. Are we not to consider vict himself'? the man who commits the this? If we are to avoid the suffering of crime? Whatever consequences may' come the people en masse, or of a single suffering upon the wife and children from the applica- widow and child, this is the way to do it. tion of the present law, who is guilty of Make treason almost impossible, make it these consequences? The State, which de- entirely impossible if you can. Teach the dares that treason shall be punished by for- lesson of obedience to the law of the land. feiture of the whole estate? Is it the State Tell the man who does not obey that law, which is guilty of the consequences which that he forfeits all. When you make him must fall upon the wife and children of trai- understand this, he will be less likely to tors? Assuredly not. It is the man who put his hand sacrilegiously upon that ark commits the treason, who alone is respon- which carries the covenant of the Union. sible. Mr. BELT. If my friend from Howard If the law is certain and fixed in this mat- will allow me, I will suggest one practical ter, I take it that it may have the most: difficulty in his argument, which is this: wholesome consequences in this; that before suppose wve change the law so that a man a man takes it upon himself to commit trea- about to commit treason shall know that his son, he will think of his wife and children wife and children cannot succeed to his propat home, who may be not only disgraced but perty, what is there to prevent his selling beggared by his treason. that property and investing the proceeds Look at the consequences of treason to- with a trustee for their benefit? day. Do we or do we not believe that all Mr. SANDS.. When we get the trustee, I the calamities which are falling upon our na- am in favor of taking it from him. tion have resulted from the crime of treason? Mr. BELT. I do not suppose that any one You can count your widows by hundreds of would propose to forfeit a man's property thousands and your orphans by millions. Is before he has committed treason. it because men have been true liege men, Mr. SANDS. Certainly not. paying the respect and rendering the allegi- Mr. BELT. It is perfectly competent then ance due to the constituted authorities of the for a man who intends to wage war government? Is that why you have whole against the Government, before he commits divisions, and corps, and armies of widows any overt act, to dispose of his property in and orphans? No such thing, sir. It is such a manner that all the laws on the face simply because treason is in the land-. I of the earth cannot interfere with the transwant to keep treason for the future out of fer. I: merely mention this as practically inthe land. I want the man to know, when terfering with the operation of the change he commits this crime of treason, that he not the gentleman proposes to make in this only involves his wife and children in its clause. direful consequences, but enwraps the nation Mr. SANDs resumed. I am obliged to th e in them. I think I am quite as humanitarian gentleman for his sugfgestion. I will meet in my feelings as my friend, although I am it in this way. I would force every man sure he is so from his manner. All I desire who intended to commit treason to place his is that we shall so legislate here that men property in the hands of a trustee; and then may take note of the fact that not only are I would provide that any such conveyan ce the destinies of the State and nation involved should be ab initio, null and void. That is when treason is committed, but that their the way I would avoid that in the future. own wives and children share the destinies But that is not the way to meet any case in of the State and the nation. the past; because I am opposed to the pasIs there anything wrong in this, looking sage of any ex post facto laws. I am lookat it in its practical application? A rich ing to the future, to the permanence of peace man has an estate, and he commits treason and security. I do not want that it shall be against -the Government. Treason necessa- in the experience of the youngest child that rily involves armies. Levying war involves lives to-day, or the child yet unborn; no, armies. How does that operate upon his sir, not for generations to come, to see what poor neighbors and upon his poor neighbor's I have seen. I do not want this nation, so wife and children? The first thing you long as God suffers it to be a nation, to be know you have what we are now having again in the condition it is this day. I want daily, a draft upon the population of the to provide agaist that, if I can. One of my State. You take the poor man from his means of doing so, is to make treason next house and home, from his wife and children, to impossible; to make men know that when and you send him out to perish either from they go in that direction they go in the didisease or from violence upon the battle-field. rection of wrong. Can I not show how to What is the consequence to that wife and do that? to those children? They are robbed of pro- So long as laws are ambiguous, the protection. They are robbed of support, beg- verb has something in it, that they are cobgared, and cast loose with nothing to shelter webs through which the larger bodies break them from the inhumanities of a cold and away, while they entangle and destroy the 260 smaller. When laws are ambiguous, I would laws to prevent any crime, that within two make them certain. I hold it as a maxim of years afterwards this very prince was both law, and I know it is the opinion of Montes- deposed and murdered, and, in the first year quieu, the commentator from whom the gen- of his successor's reign, an act was passed, tleman from Charles (Mr. Edelin) has quo- reciting'that no man knew how he ought ted, that the stability of law depends more to behave himself, to do, speak, or say, for upon the certainty of punishment than upon doubt of such pains of treason; and, therethe nature of that punishment. No matter fore, it was accorded, that in no time to how severe the punishment stated in the law come any treason be judged, otherwise than may be, so long as there is ambiguity in it, was ordained by the statute of king Edward so long as there is a. loophole in the law the III.'" through which professional acumen might That is the history of one instance of overconduct the party safely, he has his hope violent laws being passed for the punishment that he shall at last escape the scaffold. But of this offence of treason, which I agree is make punishment certain upon conviction, the highest offence which a citizen or subfor I want gentlemen to notice that all this ject can commit. Justice Story in his comproceeding of the forfeiture of estate presup- mentary upon that clause of the Constituposes arrest, indictment, arraignment, trial, tion about which so much has been said, deconviction; the section we propose to put clares it to be bad policy to pass such laws into the Constitution of the State of Mary- as these. What would be the result of such land presupposes all these things, the com- a law as gentlemen here advocate? You mission of the crime, arrest for it, indict- propose to forfeit absolutely all the estate ment for it, prosecution and conviction for real and personal of the traitor, and deprive it, and then the sentence of the law, without his offspring to the remotest generation of ambiguity, speedy and sure. These are any chance of recovering his property, and some of the reasons that will induce me to thus you make those descendants forever the vote for the amendment of the gentleman enemies of your Government, and instead of from Baltimore city, (Mr. Stirling.) bringing about peace, tranquility and prosMr. MmILLER. I do not propose to prolong perity, you have in that large class of perthis discussion very much, because my friend sons the perpetual and bitter enemi s of your from Charles county, (Mr. Edelen,) has an- Government. You continue the strife by ticipated a great deal, I had intended to say, supplying and continuing the incentive to upon this question. The question before this make war upon it. Judge Story declares Convention is, whether this body shall leave and cites all that has been said in favor, all it within the power of the Legislature to that can be said in favor of this absolute and punish the offence of treason by the abso- unconditional forfeiture of property for the lute and unconditional forfeiture of all the crime of treason. He says-vol. 2, page 170, property of the offender, both real and per- Story on the Constitution: sonal — the forfeiture to be absolute und un- The reasons commonly assigned for these conditional, not confined to the life of the severe punishments, beyond the mere forperson convicted. The gentleman from Bal- feiture of the life of the party attainted, are timorecity (Mr. Stirling) says that the dif- these: By.committing treason the party has ference between us is but a small matter. I broken his original bond of allegiance, and do not so regard it. The propositions which forfeited his social rights. Among these sohave been advanced, and the theories which:i cial rights, that of transmitting property to have been advocated upon the side of the others is deemed one of the chief and most majority here, seem to me to involve ques- valuable. Moreover, such forfeitures, wheretions of most momentous importance. The by the posterity of the offender must suffer, power is to be given to the Legislature of as well as himself, will help to restrain a this State, by the proposed change in this man, not only by the sense of his duty, and article of the bill of rights, if it sees fit, to dread of personal punishment, but also by declare forfeited absolutely and forever the his passions and natural affections; and will entire estate of the party convicted of the interest every dependent and relation he has crime of treason. to keep him from offending." Sir, these over-violent laws have never ac- Has anything been said on this floor in facomplished the purposes for which they were vor of this absolute and unconditional forframed. I will refer to a memorable instance feiture beyond what Judge Story has here of the truth of' that proposition, as illustrat- stated? Has any argument of more force ing this matter, from the pages of Black- been advanced than those he here recites? stone. During the reign of Richard II. a And what is his comment upon them? law was passed which made the bare purpose "But this view of the subject is wholly and intent of killing or deposing the Kino, unsatisfactory. It looks only to the offender without any overt act, to be high treason. himself, and is regardless of his innocent Now what does Blackstone say was the effect posterity. It really operates as a posthumous of such a law? punishment upon them; and compels them "And yet so little effect have over-violent to bear not only the disgrace naturally at 261 tendant'upon such flagitious crimes. but takes tions, the natural offspring of free governfrom them the common rights and privileges ments, have wreaked their alternate malignity enjoyed by all other citizens, when they are on each other, the Convention have, with wholly innocent, and however remote they great judgment, opposed a barrier to this may be in the lineage from the first offender. peculiar danger, the peculiar danger of a reIt surely is enough for society to take the life public, by inserting a constitutional definiof the offender, as a just punishment of his tion of' the crime, fixing the proof necessary crime, without taking from his offspring and for conviction of it, and restraining the Conrelatives that property, which may be the gress, even in punishing it, from extending only means of saving them from poverty and the consequences of guilt beyond the person ruin. It is bad policy, too, for it cuts of all of the author." attachments which these unfortunate victims Here we have James Madison declaring might otherwise feel for their own Govern- why it was that this provision was put into ment, and prepares them to engage in any the Constitution of the United States. It other service, by which their supposed inju- was to prevent the wreaking of the malignity ries may be redressed, or their hereditary of alternate factions, one against the other, haired gratified. Upon these and similar in a republic like ours; and it was wisely grounds it may be presumed that the first put there to stop, if possible, at some period clause was first introduced into the original or other, the enmity of faction. In regard draft of the Constitution; and, after some to the attempted confiscation law of Congress, amendments, it was adopted without any I am glad the President had the manhood, apparent resistance." and felt the sense of his constitutional obliThen the author comments upon thelessons gations so resting upon him, to veto such a which the history of other countries afford bill. But you may depend upon it that if us upon thatsubject. On that puinthe says: such a provision is carried into execution, " The history of other countries abundatly hatred and animosity will be transmitted From proves that one of the strong incentives to generation to generation in this countryprosecute offences, as treason, has been the and no matter what may be the result of the chance of sharing in the plunder of the vic- present conflict of arms, this country will tims. Rapacity has been thus stimulated to never be restored to peace and quiet, because exert itself in the service of the most corrupt this perpetual sore will always be open. and tyranny; and tyranny has been thus fur- the descendants of those, who.think themnished with new opportunities of indulging selves justly entitled to their property, acits malignity and revenge; of gratifying its cording to all the principles of Christian and envy of the rich and good, and of increasing civilized humanity, will be made the unreits means to reward favorites, and securing lenting enemies of your Government. Thereretainers for the worst deeds." fore, if the design and object are to bring That is the commentary of Judge Story about a speedy peace, and restore tranquility, upon the history of other nations, where let there be as little of hatred and bitterness they have attempted, in dark and bloody left upon the statute book as possible. times, and under cruel and oppressive rulers, I had proposed to examine a little into this to enact such cruel and bloody laws as these doctrine of treason,and go somewhat at length -over-violent laws, as Blackstone terms into a consideration of it. I shall not do so, them; unjust and oppressive, never working however, at any length, for the debate has out the end for which they were designed. taken such a direction that it is not now so That was said by Mr. Justice Story about necessary. But when the Constitution of the monarchical fortns of government. United States declares that "' no bill of attainMr. Madison has given as the reason why der shall be passed," that " no attainder of the provision upon this subject was put in treason shall work corruption of blood, or the Constitution of the United States; and forfeiture, except during the life of the person when I cite to this body anything said by attainted," and when a previous clause deMr. Madison upon that subject, I presume fines what treason is, we may be sure that that they will remember that no man living this was put in from good motives, which in his day had more to do with the framing we, representing the sovereignty of the peoof that instrument than James Madison. ple of Maryland, ought to follow. I admit After citing the clauses of the Constitution of that it is in our power to confer upon our the United States, which declare the punish- State Legislature the right and authority to do ment of treason, and that no attainder of so, if they please, but I am now discussing the treason shall work corruption of blood, or policy of such a measure as this provides for. forfeiture, except during the life of the person Mr. SANDS. If the gentleman will allow attainted, he makes this comment: me, I will read from the act of 1777, of this "As treason may be committed against the State, passed, I believe, in this very hall, United States, the authority of the United during the times of the revolution. The act States ought to be enabled to punish it; but is entitled, "An act to punish certain crimes as new fangled and artificial treasons have and misdemeanors, and to prevent the growth been the great engines by which violent fac- of toryism." I will not read the preamble. 26-2 "Be it therefore enacted by the -General stored to the descendants of those whose propAssembly of Maryland, That if any subject erty had been thus confiscated, all their rights or inhabitant of this State shall, within or under the law. But that case has no applicawithout the same, and if any person what- tion whatever to our present condition. We ever, beingan inhabitant of any other of the are now engaged in a civil war, a fratricidal United States, shall, within this State, levy war of brother against brother; not defendwar against the United States, or any of ing ourselves against a foreign invasion or the them, or shall adhere to any person bearing attacks of a foreign enemy. And if we wish arms, or employed in the service of Great ever to attain a condition of peace and quietBritain, against the United States, or any of ude in this country, that the memory of those them, or shall afford such persons, or any of bloody times shall pass away from the minds them, any aid or comfort, or shall give them of men, let us in our legislation rather follow or any of them, or any subject of Great Brit- the dictates of civilized and Christian charity, ain, any intelligence of the warlike prepara- than the precedents of revolutionary times tions or designs of the United. States, or any such as have been cited. I might refer to of them, and shall thereof be convicted in many such acts which were passed during -the general court of this State, or shall stand that period, but which have no application mute, or peremptorily challenge above the whatever to our condition now. The very number of twenty of the pannel, shall be ad- men who participated in the passing of those judged guilty of treason against this State, laws, as soon as the conflict was over, went and shall stiffer death.without the benefit of to the Convention of 1787 and assisted in clergy, and forfeit all the estate which he had framing this very Constitution of the United at the time of the commission of the crime, States, in which they declared that forfeiture to the use of this State; and the several should not extend beyond the life of the percrimes aforesaid. shall receive the same con- son attainted. struction (here defining the idea of those And we may gather some useful lessons from who legislated for the crisis of 1776) that the history of thelegislation of England upon have been given to such of said crimes as are this subject. At the common law the forfeiture enumerated in the statute of Edward the was absolute and unconditional of all estate, Third, commonly called the statute of trea- in fee or in tail, held by the party who was sons." attainted, or convicted of treason. Butt from ":'Section 3. And be it enacted,That if any early tintTes the statutes of England began to subject or inhabitant of this State, having modify the common law in that respect. Even knowledge of the actual commission of any when there was a pretender to the throne of of the crimes aforesaid, above declared to be Enaland, after the Stuarls had been expelled, treason, shall conceal the same, and shall not, and were waging a warto recover their rights, as soon as conveniently may be, disclose and a law was p!ssed in the reign of Queen Anne make the same known to the Governor, or by the British Parliaiment that declared that some of the Judges or Justices of this State fi'om and after the death of the then pretenfor the time being, such person, on convic- der, there should be no forfeiture tor treason tion thereof in the general court, shall be beyond the life or lives of the party or paradjudged guilty of misprision of treason, and ties attainted. I have taken the pains to exshall forfeit all the estate which he had at the tract that law from an old statute book. It time of the commission of the crime, to the declares thatuse of the State." "' No. attainder for treason should extend Mr. M aLLER. I\am perfectly familiar with to the disinheriting of any heir, nor to the that act prejudice of the right or title of any person Mr. SANDS. I know you are; but I wanted or persons, other than the right of the offender to call attention to the fact that here, in this or offenders, during his, hers or their natural hall, during the times that tried men's souls, lives only." our fathers legislated just as we propose our By the passage of an act in the reign of Legislature shall have power to legislate. George II., the operation of forfeilure beyond Mr. MlII,LhER. The law of 1777 was passed the life of' the pelson attainted was continued in the midst of the Revolution, when we were until after the death of the sons of the prewaging a war against a foreign enemy; when tender. But history shows that long since, aforein nation was undertaking to subiugate as the last descendant of the Stuats has gone us;nd hold ius to an allegiance whi, h by the to his long home, the more humane principles Declaration of Independence, we had thrown of law govern the statutes or' England.:otf. It wts against persons who still held to an I had proposed, also, to show why it was allegiance to the. Crown, and who were still that in the Constitution of the United States living in the colonies, that those laws were they were so careful to define what treason passed, in that time of civil commotion. is, how it should be proved, and how it should MIr. Sax[)s. Just as now. be.punished. AMy friend fromi Charles county, Mr. MILLEfi. But soon after the passage of (MIr. E elen), however, has gone over that those laws Maryland wiped them from her ground pretty fully, and I will only say that statute.book, and so far as she could do so, re- those provisions were incorporated into the 263 Constitution simply for the purpose ofdefin- son and Dudley to those of the execrable ing with accuracy what had, in some respects, -Jefferies, must evince the necessity and probeen left indefinite by the statute of Edward priety of such a limitation. From such corthe Third. The Constitution declares that ruption and servility, either in the Legislature treason-sha!l consist of only two things: the or in the tribunals of justice, we may reasonlevying of war against the United States, and ably hope that this clause of the Constitution adhering: to their enemies, giving them aid will effectually guard and protect the United and comfort. It then provides how the crime States. Nor should we forget that the seshall be proved. In England, when the Par- curity of the citizen is still further answered liament desired to reach a person who could by that provision in the Constitution which not be reached in courts of justice by reason declares that no person shall be convicted of of fhilure of proof, they introduced a bill of treason, unless on the testimony of two witattainder, naming the party in the bill, and nesses to the same overt act, or on confession tried him without the proof which would be of it in open Court. So that no extra-judicial necessary to convict him in a court of law; two confession, though proved by fifty witnesses, witnesses under the statute of Edward the would, of itselfi be evidence sufficient to conThird being necessary for conviction. Our vict a man upon the charge of treason. A Constitution declares that no bill of attainder provision which almost bids defiance to false shall be passed, and that the proof of treason w itnesses. The abolition of forfeiture, and of shall consist in the testimony of two witnesses the corruption of blood, in cases of treason, is to the overt act, or confession in open court. moreover a happy expedient for lessening the So that if a party has committed treason incentives to prosecutions for treason, in corthere must be two witnesses to prove the same rnpt Governments. Rapacity is equally the overt act; and if the party confesses toa thou- cause and effect of tyranny. To curb every sand persons extra-judicially out in the street, pretence for the exercise of it, should be the or anywhere else, those persons cannot be invariable object of a people framing a: Concalled& as witnesses in a court of justice to stitution. It is a monster that assumes a testify against him. His confession, to con- thousand shapes, of which the most odious, vict him, must be made in open court. Then, as well as the most terrible, is that in which when the Constitution comes to prescribe it attacks life, liberty and property, at the how this treason shall be punished, they de- same time, and with the'same weapons; its clare that the punishment shall be left to the power is then irresistible." discretion of Congress, who can provide that Now, if we are to listen to the teachings of the punishment shall be either the taking the the wise men who have gone before us, on life of the party, or the confining him in-the this subject, if we are to listen at all to the penitentiary. or the imposition of' a fine, and lessons of history, it seems to me that we such attendant circumstances of degradation should leave this provision of our bill of as they please. Butthe Constitution added that rights precisely as the committee reported it, the consequences of attainder which resulted without change or modification in any manat common law, the forfeiture of the estate ner whatever. and the corruption of the blood, should not Mr. JONEs, of Somerset. I desired, when attach to the crime of treason in this country, the gentleman from Howard (AMr. Sands) was declaring that' no attainder of treason shall speaking, in order that I might understand work corruption of blood, or forfeiture, ex- fully the position he occupied, to inquire of cept during the life of the person attainted.' him whether hle proposes, by his advotacy of I will re er to one other authority, and then the amendment which the gentleman from I will close all I have to say upon this sub- Baltimore city (Mr. Stirling) has offered, to ject. I read from Judge Tucker's Commenta- advocate the punishment of offences, as within ries, vol. 1, page 275, of the Appendix, where our jurisdiction, those acts or similar acts he is treating upon this provision in the Con- whereby those have been made widows stitution of the United States. He says: and orphans, whose lamentations have filled " The precise definition of treason, and the the land during this civil war. limitation of it to two cases, only, both of Mr. SANDS. I have a very direct and plain which are elearly and explicitly described, at answer to that gentleman. i propose to allow once evince the prudence, caution and wis- the legislative branch or the State Governdom [I commend these words to the consid- ment, or whatever is the proper atthorty to eration of this body] of the framers of the legislate upon the subjeet, to define what Constitution, by shutting the door (as far as treason is, to make it clear and plain; and human- prudence, and human foresight, could then I propose to let the judicial department provide the means of doing so) against all. determine whether thl party charged has been possible cases of constructive treason. The guilty of treason or not. All that we are many infamous acts of complying Parliaments doing in this article is to provide the extent in England, during the reigns of the Tudors of the punishment, leaving to the legislative and other tyrannical princes, and the more arm of' the Government the defining of treainfamous and detestable decisions of servile son, and to the judicial arm of Government and corrupt judges, from the: days of Emp- the finding and convicting the party guilty of 264 treason, if proved. The articlewe are about this State, levy- war against the United to adopt has nothing to do with defining what States"treason is, what act shall constitute treason, Mr. JONES, of Somerset. That is all that how it shall be tried, or anything else of the is necessary; it is as I thought. kind. The article under consideration fixes Mr. SANDS. I contemplate that treason the punishment, when the Legislature has against the State of Maryland shall compredefined the crime, and the Court has found hend levying war against the United States; the party guilty. that is what I want to legislate upon. Mr. JoNFS, of Somerset. The reply of the Mr. CLARKE. When was that act passed? gentleman does not meet the objection which Mr. SANDS. In 1777. arises in my mind to the amendment pro- Mr. CLARKE. Prior to the formation of the posed by the gentleman from Baltimore city Constitution of the United States. (Mr. Stirling) to this article. That amend- Mr. SANDS. Of course. But it is a State ment is in these words; or rather it proposes act exclusively. If gentlemen can show me to make the article read: anything in the Constitution of the United " That no conviction shall work corruption States which prevents Maryland from proof blood, nor shall there be any forfeiture of viding what she pleases in regard to treason the estate of any person for any crime except against her, then I will admit the force of the treason, and then only on conviction." objection. Now it does not state that the forfeiture Mr. JONES, of Somerset. It is precisely which it is intended to provide for treason is what I supposed it to be. The act was passed for treason against the United States, or at a time when there was no power in this. treason against the State of Maryland. country, except in the several States, to Mr. SANDS. I think that as we are framing punish treason. It was passed the year after a Constitution for the State of Maryland, and the Declaration of Independence, when our not for the United States, it must deal only, nationality had not been recognized by any and solely, and exclusively with the State of f'oreign power, when we were in the midst of Maryland, and can have nothing to do with a revolution. Those then in the several States the United States. who were in favor of the revolution had the Mr. JONES, of Somerset. Then how is it control of the State governments; and in possible for the gentleman to incorporate into this State there was a revolutionary Conventhe Constitution of' Maryland the provisions tion, which was omnipotent, and had an army of the act of 1777, which proposed to punish and a navy to enforce its behests. Yet acts of treason against the United States? there were persons living in the State, under Mr. SANDS. The act of 1777 was a State the protection of that very revolutionary act, intended to punish treason against the government, who were giving aid and comState. Let me read the preamble to th tt act: fort to the common enemy of the State and " Whereas the clemency of this State, to- of the nation, and acknowledging their allewards such of its subjects and inhabitants'as giance to the government of Great Britain. are inimical to its freedom and independence, And it was to punish those persons that the has not had the desired effect of reclaiming revolutionary Convention of 1777 passed the them from their evil practices, but still pur act which has been read. It prescribed that suing the dark and criminal designs of en- those persons, who under those circumstances slaving America, they continue to encourage gave aid and comfort to the armies of Great and promote the operations of our en mies; Britain, -should be held guilty of treason and whereas every hope of uniting to the in- against the State of Maryland, and should be terest of their country the affections of those punished accordingly. And when the revoits unnatural and implacable enemies is ex- lution was over, our independence acknowltinguished, and great disadvantages have edged, and the Articles of Confederationl arisen, and still more dangerous consequences formed, even then I believe the punishment may be apprehended, from a delay ot' effectual of treason was left to the States severally. measures to suppress or remove them from But when the Convention of 1787 met, the the society of a free people, constrained by Articles of Confederation being found to not oppression to declare their independence, and have answered the purpose for which they determined at all events to maintain the were entered into, the several States delesame.'" gated to the Government of the United States, Mr. JONES, of Somerset. What is the en- then proposed to be inaugurated,'the punactment; what is tlhe crime for which the ishment of the crime of treason against the punishment is prescribed? United States. And they, therefore, necesMr. SANDS. I will read the enactment: sarily deprived themselves of the right to "Be it therefore enacted, by the General punish the crime of treason against the GovAssembly of Maryland, That if any subject ernment of the United States, that right havor inhabitant of this State shall within or ing been vested by them in another tribunal without the same, and if any person what- aiid jurisdiction. They went further, and ever, being an inhabitant of any other of the defined the crime, the power to piunish which United States, or any of them, shall, within they had thus delegated to the United States; 265 and they prescribed expressly that there other jurisdiction. Its power extends over should be no interpretation contrary to that every citizen in every State, and it is clothed definition, by the Government of the United with the power of the army and of the navy, States, when it went into operation. And the whole power of' the Government, to exebesides defining what should constitute the cute its processes, and to bring to punishcrime, they defined what should be the proof ment those who have violated its laws; and of it, so there should be no doubt about it. the State of Maryland claims and exercises The crime of treason was defined to te, the within her territorial limits, and the limits of levying war against the United States, or the her reserved powers, the right to punish those giving aid and comfort to the enemies of the who attempt by force of arms to subvert her United States, using ver y nearly the terms State government, which is separate and disof the statute of Edward the Third; and the tinct from, and independent of, the Governdecisions of the courts of England, under ment of' the United States. It is this treason that statute of Edward the Third, have been against the State government and the laws, accepted by the courts of' the United States which this Convention has the power, jurisin their interpretation of that clause of the diction and authority to interfere with, to deConstitution, the language of the two being, fine the offence and to prescribe the punishsimilar, and the deciions of the English ment. But it would be most extraordinary courts upon the subject being deserving of' l'or us here to undertake to say that those high credit. who are alleged to be in open rebellion Now, in the fbrmation of the Federal Gov- against the power and authority of the United ernument, although the States did delegate to States, and therefore liable to punishment by the government of the United States the power having their property confiscatted to the to punish treason against thle United States, United States, shall also be liable to be punthe States reserved to themselves the, lower ished by confiscation here. to punish treason committed against them- Now, the two oflences cannot be the same. selves individially. And that was one of' Those who are guilty of treason against the the great objections to the adoption of the United States mnust have levitd war against Constitution of the United States urgoed by the United States, or Ihave given aid and Luther Martin, in his account of'the proceed- comfort to its enemies, for the purpose of ings of the Convention of 1787, in the speech subverting the government of the United which he delivered beobre the Convention ofl States; while those charged with treason Maryland, which was assembled for the pur- against Maryland, or any other State, must pose of deliberatinj- whether they would have for their primary object the subversion adopt or reject the Constitution of the United of' the State government. The Dorr rebellion States. He objected on account of- the tact in the. State of Rhode Island furnishes us an that there was given to the Government of' illustration of treason against a State. An the United States the power to' punish trea- effort was there mlade, without the consent of son against the United States, while it was any department of the State government, by admittad on all hands that the ponwer was those assumine to represent a majority of the reserved to the States to punish treason people of the State, who on their own mere against the State, thus subjecting the citizen motion met together in a Convention, adopted to two jurisdictions; and, therefore, the a Constitution, elected a Governor, Lieutenant case might arrive, that act as he would, either, Governor, judicial officers, and all the other for or against the United Stttes, he would be officers necessary to carry on a State governliable to punishment as a traitor by the one ment. The attempt was mads to inaugurate or the other. Notwithstanding that, it uvas that State governmeunt, without the consent supposed at that tine to be so remote in the of the State government then actually in excontintgencies of human events as not to call istence, and which was recognized as the upon the Convenyion of Maryl;nd at that State government by the Government of the time to refrain from adopting the Constitu- United States. Armies on 1both sides were tion of the United Stites, and it was adopted. raised, and arraN ed against ea(h other; the And the State of Mar' land has never, from State government arrayed its forces, and the the time she became a sovereion State down revolutionary governmlent arrayed its forces, to the present day, been without a statute to and blows were at out to be struck. The punish the crime or' treason against the St te State governm(ent findinr itself unable to of Maryland. But she never has, since the coape with the for- es of fthe revolutionary govadoption of the Constitution of the United eminment, without the'id of the Goveln nlent of States in 1787, attempted to punish treason the United States, called upon the Government against the government of the United States; of the United States to aid theorm in suppressand any such attempt, if coiitemplated, would ing insurrection in the State, urder the probe a most unheard of anomaly. The Goy- vision of the Constitution of the United States ernment of the United States, within the relating to su(h cases. The aid of the Governlimits of its delegated powers, has full power ment of the United States was accorded, and and authority to execute its criminal law for the insurrection was suppressed, and Dorr offences against itself, without the aid of any was seized, charged, indicted, tried and pun18 266 ished for treason against the State of Rhode shall stiffer death, or be sentenced to confineIsland. But he was not charged with trea- ment in the penitentiary, for not less than six son against the United States; not charged nor more than twenty years, at the discretion with attemptino to subvert the Government of the court." of the United States, although Rhode Island There we have the definition of the crime was one of the United States, and subject to of treason against the State of Maryland. the Government and laws of the United It consists in levying war against the State States. The purpose of Dorr was limited to of Maryland. What isthat? It isto attempt the subversion of the State government, and to subvert the State government. It seems therefore his treason was against the State to me there can be no difference of opinion of Rhode Island. And whenever the case about that; that nothing less than an organishall occur that a revolutionary Convention zation to attempt by force of arms to subvert in this State, without the consent of the the State government of Maryland, can posState government, shall undertake upon the sibly be held by any judicial tribunal in the power of numbers to assume to itself the State to be levying war against the State. right to sweep away the existing State gov- And I do not see that any definition is proernment, as was done in Rhode Island, and posed to be given to treason by any amendto organize a new State government upon a ment offered here, which contemplates any more popular basis, or upon any other pre- alteration of the definition made by the Legistext, and shall then by force of arms attempt lature of 1861, composed of some of the to carry its purpose into effect, then all those ablest lawyers in the State, who had this who may be so engaged will be guilty of whole subject under consideration, and who treason against the State of Maryland. fixed the definition of treason so as not to Now, sir, we have never been left in any conflict with the Constitution of the United doubt, from the foundation of the Govern- States; and it will be found that throughout ment of Maryland to the present time, as to this whole act, usually called " the treason what has always been considered a treason act," the offences for which punishment is punishable under the laws of the State of prescribed, are offences againstthe State; parMaryland. I believe the law, down to 1860, ticularly excluding the idea that this State had been uniform. It was: has any right to punish any offences that " That every person convicted of the crime come under the kriminal jurisdiction of the of treason against this State, shall suffer United States. The idea of making a man death, or be sentenced to the penitentiary for amenable to two separate and distinctjurisdicnot less than six months or more than twen- tions, for the same criminal act, was certainty years, at the discretion of the court." ly never entertained by any person in this There was not, however, in that act, any enlightened country, where the principles of definition of the crime of treason. The jurisprudence are sought to be exercised in courts were left to define what constituted the light of the Christian religion and of a treason, as they were left to define what con- refined humanity. stituted murder, ars n, and a great many We thus see what it is we may do. And other crimes that are enumerated in the act I therefore suggest that the amendment of the of 1805, by reference to the sources of that gentleman from Baltimore city (Mr. Stirling) branch of criminal jurisprudence % hich they ought to be amended by adding after the word were left to exercise, the common law and "treason" the words "against this State," the statutes of Great Britain applicable to us in order to exclude any idea that anything as colonies, and which were in force at the else was contemplated. I am sure that a motime of the Revolution. The statute of Ed- ment's reflection will show that nothing else ward the Third was then in force, and the can be contemplated, for nothing else can be State left to the courts to define the crime of effected. treason under the statute of Edward the Then after that amendment shall have been Third. That statute will be found in the first made, and the proposition is submitted, volume of the Code, page 252. whether we will, as the punishment of treason But an alteration in the act was made by thus defined and understood, alter a Constithe Legislature of the State in 1861, and a tution which has existed for the last twelve more definite definition, if I may so speak, or fourteen years-that Constitution says was made of the crime of treason. That act that no conviction-it is broad, "no convicdoes not use the word " treason," but de- tion," not only of treason, but of any other scribes an offence which is treason. It is in criminal offence, "shall work corruption of these words: blood or forfeiture of estate " —then the ques" If any person shall levy war against this tion will come up whether this Convention is State, or shall adhere to the enemies thereof, prepared to say that that was too humane a whether foreign or domestic, giving them aid provision to have been incorporated in the or comfort, within this State or eslewhere, Constitution of 1850, and to be retained in and shall be thereof convicted, on confession the new Constitution, and that we must go in open court or on the testimony of two wit- back to the earlier ages, in which more severe nesses, both of them to the said overt act, he punishments were inflicted, for the purpose 267 of repressing treason against the State of first made this report, (Mr. Stirling,) without Maryland. any reason except that assignedjust now by I think that the lessons which are attempted the gentleman from Howard, (Mr. Sands,) to be taught by the argument of the gentle- and which I propose to look into, to untie man from Howard, (Mr. Sands) from the the hands of the legislative departments of present troubles and distress, and the lamen- the government, and start out upon a new tations of widows and orphans throughout line of policy for the future. Before that is the land, are entirely aside from this ques- done, let us ask what reason there is why tion; because from the time of the formation that should be done. The gentleman from of the first Constitution forthe State of Mary- Howard, in a very mild and courteous and land, in 1776, although I contend we have had gentle manner, in his reply to the gentleman revolutions, in the true sense of the word, from Charles, ( Mr. Edelen, ) indicated to that is, attempts to subvert the State gov- the Convention that this change was for ernment without regard to the forms pro- the very grave purpose of preventing crime vided in the Constitution for its amendment, in times to come; that is, the policy and obyet those things have been done peaceably ject of incorporating such a provision in the and quietly, with the assent of the existing Constitution of Maryland now, was to pregovernment, and with the assent, approval vent the hydra head of treason in all time to and votes of the people of the State. But there come from making its appearance within the never has been from 1776 down to the present limits of the State of Maryland. Now, if time, so far as I have ever heard, any at- there had not been manifested behind and tempts whatever by force of arms, by the within the practical operations of the opinlevying of war against the State of Maryland, ions and doctrines of the gentleman from to subvert its Constitution. Now whether it Howard, so much of inhumanity and injusis necessary for the punishment of a crime tice, we might have given him credit for that has never existed in the State, no in- thatgentle and kind and courteous manner stance of which has ever been committed in which he desired to address us. But to against the State since its organization as a my mind, this thing now in contemplation is sovereign State —whether it is necessary to so abhorent to every principle of justice, that provide for the punishment of such a crime I cannot see how this Convention, without that we should go back to the more rigorous some very conclusive reasons, can at this and vindictive punishments of the earli r day, in opposition to the lessons of history, ages, is the question submitted to the consid- in opposition to the wisdom of past ages, eration of the Convention. I think we better consent to start out upon this new line of leave the subject where the Constitution of policy. 1850 left it. I am therefore opposed to the We have been taught by the experience of amendment now offered, and shall support all governments, we have been taught by the the article as it now stands in the bill of history of all nations, and the author of the rights. Declaration of Independence, which is now Mr. BRIscoe. I believe it is a wise rule in very often quoted as high doctrine and aulegislation, before any change is made in any thority, has taught us, I think, that men are law, to ascertain and understand what rea- more willing to submit even to arbitrary powsons there may be for such a change. And er, to injustice, and to oppressive governI think that rule applies very forcibly to us, ments, than thoughtlessly and heedlessly to in our action upon the article of the bill of run into revolution. Jefferson, in ]ayin~g rights now before us for consideration. A down the fundamental principles of governproposition is submitted to modify the article ment, has told uswhich stands now in our Constitution. I " Prudence, indeed, will dictate, that th nk the first question we should ask our- governments long established should not be selves is, why was that article incorporated changed for light and transient causes; in the bill of rights? It seems to me that the and accordingly all experience bath shown, wise men who made that Constitution, as that mankind are more disposed to suffer, they looked back upon the past history of while evils are sufferable, than to right thenithe world, at the leg-islation of former gov- selves by abolishing the forms to which they ernments, came to the conclusion that it was are accustomed." wise arnd proper in framing the organic law That is true doctrine. I believe the histoof the State of Maryland, to put a limitation ry of the world in all times, the history of upon the legislative department of that gov- governments in all ages past, have shown ernment in this respect. They had read that that men do not, unless the iron heel of desthe exercise of this power of forfeiting estates potism is pressing upon them, resort incon. for a longer period than during life had work- siderately to the high offence of treason. ed injury, injustice and inhumanity in all The argument has been urged by my friends governments, and in all past history. And fromn Charles (Mr. Edelen) and Anne Arundel, looking at it in that light, they incorporated (Mr. Miller,) and it is one that is unanswerthis article in the bill of rights. able, that the imposition of over-violernt punWe are now asked by the gentleman who ishment to check crime has never answered 268 the purpose of the administration of govern- probable exercise of oppression. We are ment; but on the contrary, it hastened the here to make a Constitution to tie up the effort to open the door to faction, insubordi- powers of your government, and prevent nation and sedition, in all governments, be- them from infringing upon private rights cause men are prone to rebel against unjust, and the rights of the people in general. The oppressive and inhuman laws. That is a people have sent us here to make a Constitufundamental principle of government, de- tion, and to prescribe and limit the powers clared and taught to us by the fathers' of the that they are about to delegate to their agents, republic, and we should not heedlessly ne- and tell them that they may go so far and no glect its teachings. farther. Has anything occurred within the limits of At this day, when I believe the tendency of this State, to justify us in opening the door opinion is to consolidation and power, I am to this power of oppression? We know that opposed to the giving any power from the when the power of confiscation and forfei- people to any branch of the government, the ture of all property has been exercised, it executive, judicial or the legislativ&, which it has been by the exercise of the high hand of' is not pro-minently and glaringly necessary to government, without resort to the civil au- give to them. I would act upon the doctrine, thority. Now are we willing he~re to encour- conceded, I believe, to be a fundamental one age the exercise of that power in that man- resting at the foundation of all government, ner? I do not wish to see it exercised under that that government is best which governs any circumstances, even by the civil arm of least. It was a cardinal doctrine with the the government. It has been indicated to father-not of democracy, because I do not us here that for the prevention of crime, we desire to use that term-but the author of the should do-what? why-, visit upon innocent pillar of liberty, your Declaration of Indeand helpless descendants and oLfsprings the pendence, and for one I am willing to take punishment of crimes committed by their his authority. There is no modern light, fathers. Now, although we are taught that certainly none within the last three or tour He who made us all, and who governs the days, which it seems to me should lead the universe, does visit the sins of the father up- gentleman from Baltimore city (Mr. Stirling) on the helpless child, I have taken it with Ito take this track. I am sure if he had gone faith, not with the conviction of my judg- to my section of the country, where there may ment, or any reasoning of my finite un:der- have been men guilty of treason —but men standing. It is one of those doctrines, above who have taken their stand boldly with the human comprehension, and which only, by enemy against their country-but who have looking to divine omnipotence, can we rea- left their innocent,wives and children behind son ourselves into the belief that it is richt, them, he w ould have seen them day by day because He who said it is the embodiment of turned out naked and helpless upon the cold all that is right. But with us poor weak chauitiesoftheworld. Could thatchild, itmay mortals, with passions lashed into fury by be five days old or twelve months old, have the events which surround us, that we should stayed the aitr of' the parricide of his country? undertake to arrogate to ourselves a policy and I say that the man who would raise his arm power like that, is beyond my comprehen- against the pgovernrmeut of his country is sion. guilty of an offence fbor which no punishment Have you any clause in your bill of rights can be inflicted upon his head too deep or saying that a man shall or shall not be hung too overwhelming in its character. But profor this offence, or that off'nee? No, sir, it is vide your punishment against the parricide; left to the legislative arm of the government visit it upon him to any extent you please; to prescribe and point out the measure of but I implore you, by all the history of the punismnient for any offmnce committed under past, by the scenes that are transpiring bethe criminal code. But here is a case pointed Ifore our eyes daily, stay the hand, and let it out substantially, clearly, specifically, per- not go beyond that extent. I have witnessed manently, which, whenever the exercise cf these things, and know that you cannot stay the power has been permitted has been exer- the hand of the parricide by telling him that cised by governmenls to abuse it, and to if he commits this crime his innocent child abuse it to the oppression of mankind, and shall suffer. A man who will be guilty of more especially ot the innocent part of it. that offence, who will commit that crime, Now, with these views, not upon any pre- owns no domestic ties; because the traitor to sumed theory that this is to prevent treason his country is a traitor to his home, and no in all time to come, because the past history angelic looks and words of his offspring will of criminal jurisprudence in all the world stay his arm. has proved that where you prescribe a punl- For these reasons [ am opposed to this ishment for an off nee, unproportioned and proposition. I believe that no good can reover-violent, it is but an incentive to sedi- suilt from it. And I endorse the ntoie forcition and crime-that being true, I cannot see ble argument of my friend from Anne why we should, at this day, open the door to Arundel (Mr. Miller) that if you undertake oppression. We are here to prevent the to tear from the lips of the perishing babes 269 and offspring of the traitor their sustenance Mr. STIRLING. T1 will say to the gentleman for life, you will educate them to hate the Gov- that I had intended to submit some remarks, ernment under which they live; and believ- and this will cut me off, but I am glad of it. ing so, and believing that it is at war with the Mr. CLARKE. Then I will say that it true interests of my country and of my State, was intimated by another gentleman from I am opposed to the amendment. Looking Baltimore city, (Mr. Cushinog,) that the at it in that light, and having no very strong amendment was offered by his colleague, reasons why we should open the door for the (Mir. Stirling,) because this questien was open exercise of this power, I am unwilling to give to various constructions. I intimated this it the sanction of my vote. morning that when the proper time came I Mr. BRaoN. I rise for the purpose of call- intended to offer an amendment which would ing the previous question. I do not intend remove all doubt as to the construction of to sit here day after day, and listen to those this provision. But if this demand for the long speeches, when, if a member wishes to previous question is sustained, it will be a be away a day or two you begin to talk declaration on the part of the majority here about docking his pay. I call for the previ- that it is their intention to prevent the mious question.. nority from offering such amendments as will The call for the. previous question was sec- clear this provision of the ambiguity which onded. some gentlemen have admitted is now in it. The question was - Shall the main ques-! I therefore vote " no. " tion be now put?" Mr. PUarNELL. Although this article and Upon this question Mr. BERnY, of Prince the amendments to it have occupied two days George's, called the yeas and nays, which in discussion, yet I do not think the time has were ordered. I been lost. I confess myself that I have been The question being then taken, by yeas and I edified and perhaps instructed, by the various nays, it resulted —yeas 43, nays 34 —as follows: arguments upon this subject which the genYeas —Messrs. Goldsborough, President; tlemen have presented to this Convention. Abbott, Annan, Baker, Barron, Carter, Cun- And I am unwilling to arrest the debate as ningham,- Cushing, Davis of Washington, long as any light can be cast upon the subDellinger, Ecker, Farrow, Galloway, Greene, ject. It is one of such great importance, inHebb, Hopkins, Jones of Cecil, Keefer, Ken- volving so high constitutional questions, and nard, Larsh, Mace, Markey, lcComas, Mul- so affecting the interests of the people, that likin, Murray, Negley, Noble, Nyman, Ridge- if anything further can be presented to enaly, Robinette, Russell, Sands, Schlosser, ble us to carry out the true spirit of the bill Sneary, Stirling, Stoclktridgej Swope, Sykes, of rights, I think that spirit of liberality Thomas, Thruston, Todd, Wickard, Wooden which should control this Convention, should -43. lead us to hear it, either in the way of arguNays —Messrs. Berry of Baltimore county, ment, or in the way of amendments. With Berry of Prince George's, Billingsley, Black- that view I vote "' no." iston, Bond, Briscoe, Chambers, Clarke, MIr. SANDS. I desire to explain my vote. Crawford, Dail, Daniel, Davis of Charles, My explanation is simply this: I think more Dennis, Duvall, Earle, Edelen, Harwood, speeches have been made by the opposition in Henkle, Hollyday, Horsey, Johnson, Jones of this House upon this question than have been Somerset, King, Lee, AIarbury, MIitchell, Mil- made by those in fivor of it. If ansy gentleler, Morgan, Parker, Parier Parran, Pugh, Purnell, man of the opposition will tell me it is not Scott, Smith of Dorchester, Turner, Valliant, so, then I will vote " no." But under the Wilmer-34. impression that they have done the biggest Pending the call of the yeas and nays, the share of the talkint upon this sulbject, and following explanations were made, by gen- have been fully and fairly heard, I shall vote tlemen as their names were called: "' aye." Mir. BERaY, of Prince George's. I desire to I The main question was accordingly ordered say in explanati6n of my vote, that if the call to be put. for the previous question is sustained, it will The question was stated to be upon the not only cut off all debate, but all amend- amendment of Mr. Clarke, to wit: To add ment. I do not desire that the debate shall to the amendment of Mr. Stirling the followlonger continue, but I do desire that this ar- ing words: ticle may be perfected by amendment. I -i"which forfeiture of estate shall only therefore vote "no." I continue during the life of the person atMr. CLARKE. Before voting I should like tainted." to explain my vote. There may be, and I Upon this question, Mr. CLARKE called for think there is, no disposition on the part of the yeas and nays, which were ordered. the House to continue debate upon the pending The question being then taken by yeas and amendments. Blt the gentleman from Balti- nays, it resulted-yeas 28; nays 52-as folmore city (Mr. Stirling) neing the chairman i lows: of the committee that made this report, is en- Yeas-Messrs. Belt, Berry of Prince titled to be heard upon it. George's, Billingsley, Blackiston, Bond, Bris 270 coe, Chambers, Clarke, Crawford, Davis of its members, the Chair will regard it as his Charles, Dennis, Duvall, Edelen, Harwood, duty to call, the one so making it to order. Henkle, Hollyday, Horsey, Johnson, Jones But the Chair did not suppose that the genof Somerset, Lee, Marbury, Mitchell, Miller, tleman from Prince George's (Mr. Marbury) Morgan, Parran, Smith of'Dorchester, Tur- intended to say anything insulting to the ner, Wilmer-28. gentleman from Baltimo're city (Mr. Stirling) Nays-Messrs. Goldsborough, President; or to) the Convention. I am sure the gentleAbbott, Annan, Baker, Barron, Berry of man did not mean any personal reflection. Baltimore county, Carter, Cunningham, Mr. MARBURY. I certainly did not. Cushing, Daniel, Davis of Washington, Del- The PRESIDENT. The Chair knows that linger, Earle, Ecker, Farrow, Galloway, gentlemen sometimes make use of strong exGreene, Hebb, Hopkins, Jones of Cecil, Keefer, pressions, without intending any personal Kennard, King, Larsh, Mace, Markey, McCo- reflection. If the Chair had supposed for mias, Mullikin, Murray, Negley, Nyman, No- one moment that the gentleman from Prince ble,Parker, Pugh, Purnell, Ridgely, Robinette, George's intended by the remarks he made Russell, Sands, Schlosser, Scott, Sneary, Stir- to cast any reflection upon this House or any ling, Stockbridge, Swope, Sykes, Thomas, of its members, be would have called him to Thruston, Todd, Valliant, Wickard, Wood- order and directed him to take his seat, as he en-52. will any member, no matier to which side he Pending the call of the yeas and nays, the may belong, who may be guilty of such an following explanations were made by gentle- act. No gentleman, when his name is called, men, as their names were called: has a right to respond to any remarks made Mr. BERRY, of Baltimore county. I am per- by any other gentleman; he can only state fectly satisfied with the article in the bill of what his vote is, and give his reasons for it, rights as reported originally by the Commit- if he desires to give any. tee on the Declaration of Righlts. I shall Mr. STIRLING. I vote " no." vote in favor of no amendment to it, and Mr. BILLINGSLEY. I prefer the original artherefore vote "' no." tide. But as this amendment is a modificaMr. MARIBRY. I consider the principle in. tion of the one submitted by the gentleman volved in the amendment offered by ihe gen- from Baltimore city, (Mr. Stirling,) I desire tleman from Baltimore city, (Mr. Stirling,) to change my vote, and vote in favor of the as decidedly the most infamous proposition amendment to the amendment. yet presented to this Convention; and there- Mr. BERRY, of Prince George's. I desire fore I shall v'ote for the amend ment offered by to change my vote, for the same reason asmy colleague, (Mr. Clarke,) as somewhat signed by the gentleman from St. Mary's (Mr. modifying the horrid nature of that proposi- Billingsley). I prefer the original article; tion. I vote " aye." but I prefer the amendment of my colleague Mr. MILLER. I prefer the original article (Mr. Clarke) to the one offered by the genas reported by the committee; but as I con- tleman from Baltimore city (Mr. Stirling). sider the amendment of my friend from Prince I therefore vote ": aye." George's (Mr. Clarke) an improvement upon The, amendment to the amendment was the amendment of the gentleman from Balti- accordingly rejected. more city, (Mr. Stirling), I vote " aye." The question-recurred upon the amendment Mr. STIRLING. I merely want to say in of Mr. Stirling, to strike out all after the answer to what was said by the member from word "'That,' in the first line of Article 26, Prince George's, (Mr. Marbury), that this in- and insert — famous proposition of mine — "No conviction for treason shall work corThe PRESIDENT. The gentleman is not in ruption of blood; nor shall there be any fororder. feiture of the estate of any person for any Mr. STIRLING-(continuing)-is the origi- crime except for treason, and then only on nal article of the bill of rights of 1776, upon conviction." which he pronounced such a eulogy the other Upon this question Mr. BERRY, of Prince morning. George's, called the yeas and nays, which The PRESIDENT. The gentleman is not in were ordered. order; but will take his seat. The question being then taken, by yeas Mr. STIRLING. But, Mr. President- and nays, it resulted-yeas 49, nays 31-as Mr. CHAMBERS. I hope the rules of order follows: will be enforced, or there is no use in having Yeas —Messrs. Goldsborough, President; any. Abbott, Annan, Baker, Barron, Carter, CunMr. STIRLING. Why should the rules of ningham, Cushing, Daniel, Davis of Washorder be enforced upon me, and not upon a ington county, Dellinger, Earle, Ecker, Farmember who applies an insulting epithet to a row, Galloway, Greene, Hebb, Hopkins, proposition which the Convention has under Jones of Cecil county, Keefer, Kennard, King, consideration? Larsh, Markey, McComas, Mullikin, Murray, The PRESIDENT. If there is any remark Negley, Noble, Nyman, Parker, Pugh, Purmade insulting to the Convention, or any of nell, Robinette, Russell, Sa.nds, Schlosser, 271 Sco tt, Sneary, Stirling, Stockbridge, Swope, Messrs. Goldsborough, President; Abbott, Sykes, Thomas, Thruston, Todd, Valliant, Annan, Audoun, Baker, Barron, Belt, Berry Wickard, Wooden —49. of Baltimore county, Berry of Prince George's, Nays —Messrs. Belt, Berry of Baltimore Billingsley, Blackiston, Bond, Briscoe, Brown, county, Berry of Prince George's, Billings. Carter, Chambers, Clarke, Crawford, Cuningley, Blackiston, Bond, Briscoe, Chambers, ham, Cushing, Dail, Daniel, Davisof Charles, Clarke, Crawford, Davis of Charles, Dennis, Davis of Washington, Dellinger, Dennis, DuDuvalt, Edelen, HarwQod, Henkle, Hollyday, vall, Earle, Ecker, Edelen, Farrow, Gale, Horsey, Johnson, Jones of Somerset, Lee, Galloway, Greene, Harwood, Hatch, Hebb, Mace, Marbury, Mitchell, Miller, Morgan, Henkle, Hodson, Hoffman, Hollyday, HopParran, Ridgely, Smith of Dorchester, Tur- kins, Hopper, Horsey, Johnson, Jones of ner, Wilmer-31. Cecil, Jones of Somerset, Keefer, Kennard, Pending the call of the yeas and nays, the King, Lansdale, Larsh, Lee, Marbury, Markey, following explanations were made by gentle- Mayhugh, McComas, Mitchell, Miller, Morgan, men, when their names were called: Mullikin, Murray, Negley, Noble, Nyman, Mr. PUGH. In explanation of my vote, I Parker, Parran, Peter, Pugh, Purnell, Ridgedesire to say that I vote " aye," because in ly, Robinette, Russell, Sands, Schley, Schlosmy judgment the traitor destroys the property ser, Scott, Smith of Carroll, Smith of Dorcheswhich should have gone to his children, just ter, Smith of Worcester, Sneary, Stirling, as the sot and profligate destroy the property Stockbridge, Swope, Sykes, Thomas, Thruswhich should have gone to their children. ton, Todd, Turner, Valliant, Wickard, WilMr. SCOTT. In explanation of my vote I mer, Wooden —91. would say, that had the vote been taken im- The proceedings of yesterday were read and mediately upon my entering the hall this approved. morning, I should have voted " no" upon HOUR OF MEETINO. this amendment. But after listening to about Mr. HEBB submitted the following: three hours' discussion, mainly in opposition Ordered, That the Convention meet hereto the amendment, I shall vote " aye." after at 10 o'clock A. M., daily, until otherThe amendment was accordingly agreed to. wise ordered. The question then recurred upon agreeing Upon the adoption of the order, Mr. BERRY, to Article 26 of the Declaration of Rights as of Prince George's, called the yeas and nays, amended. which were ordered. Upon this question Mr. BERRY, of Prince The question being then taken by yeas and George's, called for the yeas and nays, which nays, it resulted-yeas 50, nays 39, as folwere ordered. lows: The question being then taken, by yeas and Yeas.-AIessrs. Goldsborough, President; nays, itresulted-y-eas51, nays 28 —asfollows: Abbott, Annan, Audoun, Baker, Barron, Yeas —Messrs. Goldsborough, President; Berry of Baltimore county, Blackiston, Brown, Abbott, Annan, Baker, Barron, Berry of Bal- Cunningham, Cushing, Davis of Washington, timore county, Carter, Cunningham, Cush- Dellinger, Earle, Ecker, Farrow, Galloway, ing, Daniel, Davis of Washington, Dellinger, Greene, Hatch, Hebb, Hoffman, Hopkins, HopEarle, Ecker, Farrow, Galloway, Greene, per, Jones of Cecil, Keefer, Kennard, Larsh, Hebb, Hopkins, Jones of Cecil, Keefer, Ken- McComas, Mullikin, Murray, Negley, Noble, nard, King, Larsh, Markey, McComas, Mul- Nyman, Parker, Pugh, Purnell, Robinette, likin, Murray, Negley, Noble, Nyman, Par- Russell, Sands, Schley, Schlosser, Scott, Smith ker, Pugh, Purnell, Rilgely, Robinette, Rus- of Carroll, Smith of Worcester, Sneary, Stirlsell, Sands, Schlosser, Scott, Sneary, Stirling, ing, Swope, Sykes, Todd, Wickard, Wooden Stockbridge, Swope, Sy kes, Th(mas, Thrus- -50. ton, Todd, Valliant, Wickard, Wooden-51. Nays. —Messrs. Belt, Berry of Prince Nays-Mess!s. Belt, B-urry of P. George's, George's, Billingsley, Bond, Briscoe, Carter, Billingsley, Blackiston, Bond, Brisoe, Chaam- Chambers, Clarke, Crawford, Dail, Daniel, bers, Clarke, Crawford, DIavis of Charles, Davis of Charles, Dennis, Duvall, Edelen, Dennis, Duvall, Edelen, Harwood, Henkle, Gale, Harwood, Henkle, Hollyday, Horsey, HollydaLy, Johnson, Jones of' Somerset, Lee, Johnson, Jones of Somerset, King, Lansdale, Mace, Marbury, Mitchell, Miller, Morgan, Par- Lee, Marbury, Markey, Mitchell, Morgan, ran,Smith of Dorchester, Turner, Wilmer-28. Parran, Ridgely, Smith of Dorchester, StockOn motion of' Mr. DANIEL, bridge, Thomas, Thruston, Turner, Valliant The Convention then adjourned. -39. Pending the call of the yeas and nays, the TWENTY-FOURTIH DAY. following explanations were made by members, as their names were called: WEDNESDAY, June 1, 1864. Mr. SToauRoDsE. I desire to state the The Convention met at 11 A. M. reasons for my vote. There are certain comPrayer by the Rev. Mr. Owen. mittees that still have a large amount of very Present, at the call of the roll, the follow- important work before then, and though I do ing members: not think the hour named in this order is too 272 early for members of this Convention to corm- 9th. The amount of loans, under the acts mence their work, still, as long as they are of 1864, chapter 15, and 1864, chapter 373, engaged in work upon our committees, I do which the Treasurer has advertised to be not see the possibility of their being in the taken. Convention at 10 o'clock in the morning. I 10th. The interest which the State has in am, threfore, for the present opposed to this the various works of internal improvements, Convention meeting at that hour. As soon railroads and canal companies, banks, &c., as the reports of committees have been sub- and the annual receipts derived from each to mitted to the Convention I shall be in favor the State. of meeting at that hour, or even earlier. But iMr. SANDS. I would lilke, before I vote for at this time I'am compelled to vote'" no." it to know the object of this order. MIr. THRUSTON. For the reason assigned Mr. CLARKE. I understand that when we by the gentleman from Baltimore city (Mr. come to consider the report upon the legislaStockbridge), I shall vote'' no." tive department, there will be submitted vaMr. VALLIANT. I had at first intended to rious propositions in reference to the power vote " aye." But for the reason assigned by to be given the Legislature over the sinking thegentleman fiom. Baltimore city (MIr. Stock- fund and the debts of' the State; and it will bridge), I shall vote " no."' be impossible for us to vote understandingly The order was accordinglzy adopted. without the information which this order proMr. THRUSTON submitted the following: poses to obtain. I think a proposition has Ordered, That the Committees on the Judi- also been submitted to this Convention, in ciary and Legislative Departments have leave ref'erence to giving power to the Legislature to to sit during the sessions of the Convention, dispose of such interests as the State may now until 11 o'clock A. Al. daily. have in various public works, &c., and this inMr. nMILLEPR. I hope that order will not be formation is such as we must have in order passed. The members composing those two to act understandingly upon the subjects becommittees are the most able and important fore us. It is information which I desire to members of this body. If we are to meet at have before I am called upon to vote upon 10 o'clock in the morning and consider the many questions which will come before this important questions before this body, I want body. That is the only object I have in view those members to be present. in submitting this order. The question being upon the adoption of The orcler was adopted. the order, it was not agreed to. DECLARATIoN OF RIGHTS-ALLEGIANCE. INFORMnATION FRO THE'rERASURER. The Convention then resumed the considlMr. CLARKE submitted the following: eration of the report of the Committee on the Ordered, That the Treasurer be and he is Declaration of Rights. hereby requested to furnish this Convention, The PIREsIDENT. When the Convention adat his earliest convenience, a statement show- journed on yesterday, it had just completed ing the balance in the Treasury on the 1st of the consideration of the twenty-sixth article December, 1862, the balance in the Treasury of this report. on the 1st of December, 1863, and the balance Mr. STIRLING. As the House is very full in the Treasury on the 1st day of June, 1864. this morning, more so than at any time be2d. The amount of funded debt still unre- fore, and as the attendance for the rest of deemed, the dates when they severally fell this -week will probably continue to be very due, and the amounts due at the several dates. large, I propose that we go back to the arti3d. The amount standing due to the credit cles which have been passed over without acof the sinking fund on the 1st of June, 1864, tion, and take them up and dispose of them. with a specification of the manner in which I move that we now take up the fourth artithe sinking fund is invested, and a reference cle and consider it. to the laws authorizing the several invest- Mr. BERRY, of Prince George's. I underments, stood that it was by general consent that cer4th. The amount of the sinking fund can- tain articles were passed over until we had celled under the act of 1 864, chapter -, gone through all the rest of the report of the with a specification of the evidences of in- committee. I understood the Chair to rule debtedness cancelled. out of order the proposition of the gentleman 5th. The amount of funded debt still unre- from Baltimore city, (5Mr. Abbott,) to insert deemed on the 1st day of January, 1862. a new article, to be called article one. I 6th. The amount of funded debt unredeem- hope we will proceed with the consideration ed on the Ist day of June, 1864. of this report from article twenty-six to the 7th. The amount of appropriations lmade end, when I presume the amendment of the by the last Legislature, with a specification gentleman from Baltimore city (Mr. Abbott) of the amounts and objects of each appro- will be first in order. pri ation. Mr. ABBo'rT. The article which I proposed 8th. The amount of money paid out of the to have inserted was submitted by me before Treasury under the acts of 1864, chapter 15, any of the articles reported by the committee and 1864, chapter 373. were read, and the Chair ruled that it would 273 not be proper to submit it until the articles jority of the committee, or of the majority of reported by the committee had been gone the House; or to any gentleman of the mlithrough with. As to this 4th article, it was nority of the committee who may desire to be passed over, I understood, because at the heard upon this question. Perhaps the gentime some gentlemen were absent who de tleman from Kent (Mr. Chambers) desires to sired to speak upon it. It was passed over be heard; if so, I will yield to him with merely for the time being, not until the end pleasure. of the report. Mr. CHAMBERS. I had no idea this article Mr. STIRlING. So far as this matter is would be taken up to-day, as I supposed that concerned, it is entirely within the control other articles would be considered, and amendof the Convention. The article was passed ments:to those offered before this would be over informally, because at the time some taken up. I had not proposed to say one members of the minority of the committee word upon this article until near the close that made this report were absent. If we go of the argument upon it, and do not- desire on with this report from article 26 to the to address the Convention to-day. I know, end, we will use up the two or three days from information from others, that there are of this week, during whiC h we shall have several gentlemen here who had proposed probAbly the largest attendance here. And when the question came up on this article, to as the Convention probably will not be in participate in the debate, but who are not session for at least a portion of next week, prepared to do so to-day. I had proposed to and this article will be postponed until after;submit my views upon this subiect to the next weak, I move that we now proceed to Convention at a late period of the discussion. consider article four of this report. And having: made the report of the minority The motion was agreed to. of the committee, it may perhaps be considArticle four was then read as follows: ered that I will be entitled to close the de"' The Constitution of the United States and bate. I can only say this now, that I cannot the laws niade in pursuance thereof being vote for any proposition that makes me swear the supreme law of the land, every citizen. allegiance to the Government of the United of this State owes paramount allegiance to States. I can understand that I am to supthe Conslitution and Governmuent of the port the Constitution and laws of the United United States, and is not bound by any law States, but I do not understand what is meant or ordinance of this State in contraventionl here by the Government of the United States. or subversion thereof." Mr. CLARtE. I desire to state that I have The article, bygeneral consent, was amend- no particular wish to go on now. It was ed, at the suggestion of Mr. PUGH, by prefix- entirely unexpected to me that this article ing the word " that," so that it will read- would be called up to-day. But I had pre"That the Constitution of the United States," Ipared an amendment the other day, in the &c. absence of the gentleman from Kent, (Mr. Mr. CLARKE submitted the following amend- Chambers); otherwise I would have submitment: ted it to him for his consideration and corStrike out all after the word " that" in the rection. I certainly have no desire to go on first line, and insert the following in lieu this morning, if any gentleman here desires thereof: to be heard now, although I have prepared " The Constitution of the United States and some remarks upon the subject, and will go the laws made in pursuance thereof being on if the Convention desire it. the supreme law of the land, every citizen of Mr. SANDS. If the gentleman from Prince this State owes alle(iOance to the Constitution George's (Mr. Clarke) will'yield the floor for and Government of the United States within a momentthe limits of the powers conferred by that Mvr. CcARKE. I will do so. ConstittitoB, and is not bound by any law or Mr. SANDS. I propose the following as an ordinance of this State in contravention or amendment to the amendment; insert the subversive thecreof; and the powers not dele- words: gated to the United, States by the Constitution, "Provided, That nothing in this article nor prohibited ta- it to the States being re- contained shall be construed as giving to the served to the States rcsp:,cively, or to the State a right to secede from the Federal people, every citizen of this State owes alle- Union, or to form a confederation with any glance to the State of Maryland so far as the other State or States of the Union, or to seize sovereignty of the State has not been affected by force of arms or otherwise any property by the Constitution of the United States and of the United States situate and being within the laws made in pursuance thereof, and is the limits of this State, but that these acts not bound to yield obedience to laws made are hereby expressly forbidden;" in direct violation of the Constitution of the -after the word " thereof," where it ocUnited States and in the exercise of usurped curs near the close of the amendment or Mr. powers., Clarke, and before the words, "and is not Mr. CLARKE. I shall be most happy to bound to yield obedience," &c. yield the floor to any gentleman of the ma- Mr. CLARKE. I will yield to the gentleman 274 from Howard (Mr. Sands) to open the debate consideration of what effect discussion may upon his amendment. have upon the action of this Convention. Mr. SANDS. The proposition contained in The bonds which, through affection and my amendment is so plain that I have no de- interest, united the States composing the sire to argue it, at least until I have heard Union, have been parted asunder as the storm something said in opposition to it. rudely snaps the rigging of the mast. Our poMr. CLARKE. I take the floor with great litical fabric is reeling and surging before the diffidence and reluctance this morning, as I storm of war, and amid the fierce conflicts of had no idea this question would be sprung battle, and unless the principles which were so suddenly upon us. And even now, with designed to form the basis of the political the expectation that we shall not be brought fabric of our government are manfully mainto a vote upon it to-day, I will yield to the tained here and everywhere else, we have every chairman of the committee (Mr. Stirling) if reason to fear the destruction of our civil freehe desires to open the debate. dom and independence, and the establishment Mr. STIRLING. The gentleman is very kind, upon their ruins of a vast military despotism, but I have no disposition to take the floor at wielded by the hand of some bold dictator. this time. I know not who he may be, nor do I underThe PRESIDENT. The gentleman from take to make a prophecy or prediction. Prince George's (Mr. Clarke) will proceed. Every man, therefore, in public station owes Mr. CLARKE. Mr. President: When I first a duty to the preservation of the cause of listened to the reading of the 4th article re- constitutional freedom, and in behalf of the ported by the majority of the Committee on maintenance of' the true structure of our the Declaration of Rights, to be embodied in form of government, as established by the the bill of rights, as declaratory of the pre- Constitution. I ask a restpectful hearing. rogatives of the people of this State, I de- In its behalf alone do I plead. signed to say nothing on the momentous Ever since the great victory achieved by questions involved, because from the circum- "Republicanism," under the leadership of stances attending its incorporation into that Jefferson, Madison, Clay, and others, over report.: I did not believe that any good re- "blue-light Federalism," I had supposed that suit would be accomplished by my partici- certain principles had become settled as axiopating in this debate. If the manner of its matic, in regard tothe structure of our govei;nincorporation into the report be any indica- ment. Among them that no one would contion of the deep and permanent character of tend that the Constitution of the United the disease, of which the principles contained States organized a national, consolidated in this article are the result; or if what government; but that, on the contrary, it emanates t'ron the majority of this committee was universally conceded that the form of can be considered the reflection of the judg- government thereby created was, to a cerment of' this Convention, then this body is in tain extent, federal, and to a certain extent no condition to listen to discussion, or re- national; federal in its formation, national ceive and weigh carefully any suggestion or in the powers conferred upon it, and the proposition which does not accord with the mode in which those powers were to be exerprinctilles announced in the doctrine: "That cised. That certain powers were delegated the Constitution of the United States and the to the United States by the Constitution; laws made in pursuance thereof being the and that the powers not so delegated, and supreme law of the land, every citizen of this not prohibited by it to the States, were reState owes paramount allegiance to the Con- served to the States respectively, or to the stitution and Government of the United people. And that the language of the ConStates, and is not bound by any law or ordi- stitution-" that the enumeration in the Connance of this State in contravention or sub- stitution of certain rights shall not be conversion thereof." strued to deny or disparage others enterBut, sir, I cannot believe, that even in the tained by the people;"'' that the Constitumidst of the revolution going on around us, tion and laws of' the United States which in the midst of the passions and excitement shall be made in pursuance thereof, and of the times, a body of men representing the all treaties made, or which shall be made people of the State in their sovereignty, and under the authority of the United States, called on to remodel their organic law, can shall be the supreme law of the land, and the declinie patiently to listen to a discussion and judges in every state shall be bound thereby, application of principles settled and main- anything in the Constitution or laws of any tained by the fathers of the republic. In State to the contrary notwithstanding''-defact, subsequent thought has led me to re- dared plainly the principle of the supJremacy view my original design, independent of any of the Constitution and Government of the United Stales in the exercise of the powers *'NoTE. —I allude to lie fact that the rport was conferred upon the government by the Constidrawn up and prepared to be submitted to tie Con- tution within the limits fixed by thatConstivention, without the minority of the committee having had;:n'opportunity to take part in the dis- tion. That the clause requiring that Senators cussion or formaiion of it and Representatives in Congress, and the 275 members of the several State Legislatures, to the best of his ability he will preserve, and the executive and judicial officers, both protect, and defend the Constitution of the of the United States and of the several States, United States. Does he swear that his parashall be bound by oath or affirmation, to sup- mount allegiance is due to the general govport the Constitution of the United States, ernment? Did the fathers of the republic, announced the doctrine of the duty of obe- those who framed the oath, think it was nedience to and support of the Constitution cessary for them to require it? Yet we are and the laws of Congress passed in pursuance called upon here to announce that paramount thereof; that a poriion of the sovereignty of allegiance is due to the Constitutiont and the States being delegated, to the extent of Government of the United States, without the powers conlerred by the Constitution on any distinction in reference to whether it exthe Federal Government, and another por- ermises its powers within the limits of the tion being retained by the States to the Constitution, or not. Article 6, section 3, extent of the powers not delegated to of the Constitution of the United States prothe United States by the Constitution, nor vides thatprohibited by it to the States, sovereinty "The Senators and Representatives before thereby under our structure of government mentioned, and the members of the several ceased to be any longer a unit and indivisible, State Legislatures, and all executive and jubut attached to or became a prerogative of dicial officers, both of the United States and the Federal Government, and the States, of the several States, shall be bound by oath respec'ively, as the several portions of sov- or affirmation to support this Constitution; ereignty were meted out to each, but no religious test shall ever be recognized I search in vain for any form of oath re- as a qualification to any office, or public quired in the Constitution to be taken by trust, under the United States." any officer of the government, or by any cit- There is nothing there about paramount izen acting in any capacity, by which he allegiance to the Constitution and Governswears that his paramount allegiance, or any ment of the United States. Those who framed allegiance, is due to the Constitution and the Constitution, passed in 1789 an act Government of the United States. And I fixing the same form of oath-" to protect defy the chairman of this committee, (Mr. and support the Constitution of the United Stirling,) or any gentleman upon this States." The act of June 1, 1789, prescribes floor,-to point to any clause in that Consti- this oath to be taken by all the officers of the tution in which the doctrine is announced United States: that paramount allegiance is due to the Con- " I, A. B., do solemnly swear (or affirm) stitution and Government of the United that I will support the Constitutiou of the States. The Constitution announces no such United States." proposition; and if it had contained any That is what the fathers of the republic, such, it never would have been adopted. who framed the Constitution, laid down as What is the oath of office which the Consti- the form of oath to be taken by every officer tution prescribes shall be taken by the Presi- under it. But you find there, Mr. President, dent of the United States? Article 2, sec- Io doctrine of paramount allegiance to the tion 8, relating to the Executive of the United Constitution and Government of the United States, prescribes that- States, irrespective of the question whether " Before he (the President) enter on the it is administered within its proper sphere or execution of his office, he shall take the fol- not, such as is announced in this article. lowing oath or affirmation: But, Mr. President, these well considered "I do solemnly swear (or affirm) that I princilples of the fathers seem now to be alwill faithfully execute the office of President most forgotten. In fact, the existence of a of the United States, and will, to the best of Constitution seems well nigh ignored; and my ability, preserve, protect, and defend the " military necessity" and the "self-preservaConstitution of the United States." tion of the Government"-not through the And from the day that the father of his forms of the Constitution, but according to country assumed the reins of government, the varying judgment of some inferior or down to the day when the present President subaltern-have been substituted as the law stood upon the portico of the capitol at Wash- of action. I repeat, not through the forms ington, and took this oath, no other oath has of the Constitution; for I will go as far as been pronounced, or required in form to be any man for the preservation of the Govtaken by any officerof the government, The ernment under the forms and through the chief executive officer of this government, modes prescribed in the Constitution. But clothed with his grand powers, with all the that is not now aimed at. And, as if power of the government to carry out and aspiring to resuscitate the dry bones and execute all the laws, with a power, when this defunct party forms of " blue-light Fedegovernment is constitutionally administered, ralism," soon no doubt to be succeeded greater even than thatexercised by the Queen by a train of laws assimilated to the of England-the chief executive of the'"alien and sedition laws,' it was reserved United States is required only to swear that for Maryland to experience the humiliation 276 of hearing one of her sons-now representing march to consolidated empire? If this propher in one branch of Congress-announce in osition had been introduced here by some the great commercial city of the Empire new importation into the State, I might not State, that the Constitution organized a na have been surprised at it. I might have extional consolidated Government, and with a pected it. But it comes, and oh that is the view of more firmly establishing such a con- saddest part of it, that it comes from a son solidated Government in the midst of this of Mary!and to the manor born. Why in this sad struggle, which the Crittenden resolu- day thus tarnish the fair fame of our State? tion declared should be waned, not for pur- Mute and silent she has been. No sovereign poses of subjugation or to destroy the States Convention uttered for her people, words of or their institutions, but only to assert the conciliation and entreaty to stay the impendauthority of' the Federal Government over ing disruption of the government. And I the States in rebellion, it is proposed to bring desire here to msnake ashort digression. When the action of Con(ress to bear directly upon it was asked the other day by the gentleman the States in rebellion, the essential feature from I-Howard, (Mr. Sands) who saved Maryof-which proposition is that Conoress shall land, whether it was not Governor -licks? I assumie jurisdiction over them.: The "-pesti- answered, that whatever might be the opinlent pretension of States' rights" is to be thus ions of the gentlenian from Howard, I thought summnarily disposed of, and, under the theory that Governor Hicks did not save Maryland. of " State suicide," or "State forfeiture," or Mr. SANDS.'The gentleman is mistaken; G' State abdication "-followed by the denial I never said so. of "State rights, immortal and unimpeacha- Mr. CLARKE. GovernorHiclks did not save ble "' —6r structure of government is sollght Maryland? to be merged ifn one "consolidated head," Mr. SaNDs. I said he did'not save Maryover which, under the: plea of freedom to the land. I said that thepeople saved Maryland: African slave or the "abolition of slavery- in and so they did. the States through the'War," ending in slavery Mr. CLARKE. Well, sir -T will say this: to the white man-and I: understand that the that if the people of Marylafid had had at Cleveland Convention has announced that it that time a proper executive officer at the is now time to maintain the freedom of the head of the government of the State of Viat rywhite man-the goddess of "am-aljgmation, land, the people of Marylaud would not only equality and fraternity" shall reign triumph- have saved the State of Maryland, but, actant in orgies more wild, and scenes more ing throuch a proper executive officer, in my terrible, than darkened the soil of Fr.ance humble judgment, would have saved the amid the days of the reign of terror. Why, Union. It is my candid conviction, uttered I ask the gentleman firom Baltimore city, here to-day in the sight of high heaven, that (Mr. Stirling,) thus make the conservative there was not in the State of Maryland at old State of Maryland, to which he is to the that time, any desire to break up this Union. manor born as well as myself, and whom We desired to cling to the Constitution of the I had the privilege in early days when United States; we desired to save the country we were starting out in our profession, and from the impending war. And when the were in the same debating society to hear gentlemen from the South came on here and then announce doctrines as consistent with requested the co operation of the State of the proper structure and formation of the Maryland-not for the purpose ot getting out government as I think I now hold; for I of the Union-but with the view of preservstand where I started, and where we stood inl the rilghts of all the States-they then when we battled for the same good: announced that if the South would only principles — stand up to the doctrine of co-operation and Mr. SIIRLINGa. With the permission of the maintain their rights, we would have no gentleman, I will sayr that -we were both' war, no disunion,'but the government would whigS then, and he has now separated from be preserved intact. me.': Mr. SANDS. In consideration of the good:.Mr. CLARKE. I never was a whig in my name and fair fame of a man of now worldlife. The first vote I ever cast for a Presi- wide reputation, which is now at stake, I dent, was for James Buchanan in 1856- will tell the gentleman if he will permit me, Whigsery ended with Scott in 1852; and I what Governor Hicks told me the d(lay behappened then to be studying law somewhere, fore the outbreak in Baltimore, was the misand I had not then commenced my political sion of those southern gentlemen. career.''But the gentleman has arisen in po- MR. CLARKE. I know what it was. As I' litical life upon the new issues which sue- am only expressing my' individual opinion, ceeded dead wh.ggery. I would ask the genr- the gentleman can reply to me when I amrn tleman why should the State of Maryland, through. If the Governor of this State had when down in old St. Mary's was first raised, said then to those men-the State of Ma-ryamid those American wilds, the banner of land shall not secede, we will not go with civil and religious liberty-why make the you in that; but we have rights and will coState of Maryland lead the van in the onward operate with you to maintain those rights 27T and if the South had been a unit upon that tion of this course of the committee is subject, the North never would have made this: " Little stars wish to reflect the light war, and the rights of the South would have of the larger planets around which they rebeen maintained. I believe that a proper ex- volve." And I should like to ask the gentleecutive officer in the State of Maryland could man from Baltimore city whether it originhave done more at that time to preserve the ated in his brain, in the brain of the gentleUnion than any other man in the country; man from Allegany, or the brain of the genand; in my judgment, could have saved the tleman firom Worcester, or the brain of the Union. For we know now, when we look gentleman from Caroline. If I might be back to the history of those days of passion permitted to guess. to use a Yankee privilege, and excitement, that when the President of and gentlemen will remember now that I the United States' had under discussion the make no charge-I should say that it bears question of peace and war, Secretary Chase was the evidence of the inspiration of a certain opposed to war, as well as a number of other gentleman whom the Senator from Frederick northern men whose voices were heard implor- last winter announced upon the floor of the ing for peace. And, sir, what brought on the Senate, in open session, was using his influwar? A small coterie of governors from the ence to place the notable Don Platt-notable northern States, and some men in the border abroad as well as here-in command of the States who styled themselves Union men, State of Maryland, with a view to carry out as Andrew Johnson, of Tennessee, and others the purposes of those who were to call this like him, called upon the federal authorities Convention together. to apply force to put down the rebellion. Mr. STIRLtNG. If the gentleman will permit And when this question is settled-I know me, I will say that the gentleman he alludes not how it may be, but I hope it will be settled to never satv a word of this article unless he honorably to all parties and all men-when has read it in the newspapers. that is done, and we know all the facts, in Mlr. CLARKE. I make no assertion; but I my humble judgment, it will be found that say it bears the ear-marks of a certain Cooper the Union men of the border States did more Institute speech delivered in New York city; to bring about this war, this sacrifice of blood an i the doctrine which the chief legal adand treasure, than even the men of new Eng- viser of Col. Piatt announced last November, land-certainly more than Secretary Chase, in the Military Headquarters at IBaltimore, and those who acted with him upon that ques- when the subject of allegiance underwent distion. I go further, and say, that the State of cussion there. Sir, the doctrine surpasses Maryland, manacled and chained, saw at that even the famous Schenccl standard of loyalty. time great events transpiring around her, and W\ha.t is that? He says, in an order, dated was permitted not even to articulate a word, October 2?, 1863: except as uttered by her Governor, who de- "It is knzozwn that there are many evil disclared " he would see his right arm wither posed petsons, now at large in the State of before it should ever be raised against his Maryland, who have been engaged in rebellion southern brethren," at the very time when he a oinst the laeful Government, or have givwas allied with, and imzmediately afterwards en aid and comfort or encouragemuent to others known to be in council with those who pre- so engaged, or who do not r'ecogize their cipitated a civilwar upon the country. W by allegiance to the United States, and who may not, in this the first utterance which Mary- avail themselves of the indulgence of the anuland makes through a sovereign Convention, thority which tolerates their presence to ermlet her spealke something worthy of her inde- barrass the approaching election, or through pendence and dignity as a State? Why it to foist enelnies of the United States into bring her in meek and lowly submission be- power. It is therefhoe ordered; fore the throne of Federal power, and make " 1. That all provost nmarshals and other her utter, through a bill of rights, a syco- military officers do arrest all such persons phantic confession of paramount allegiance on toiund at or hanging about, or approaching the part of her people to the Constitution and any poll or place of election on the 4th of Government of the United States, which no Novemnber, 1863, and report such arrest to State in the Union has been senile enough to these headquarters." offer, or so forgetful of the principles of FREE That is what General Schenck says. He government as to tolerate in its organic says nothing about paramoun2t allegiance. law. It is a spectacle of infantine weakness Now I recognize an allegiance to the Constiwhich astounds me more than anything that tution and Government of the United States, I have yet witnessed in the chapter of MIary- within the limits of the powers conferred land's history; for the reason that this upon that governlient by the Constitution. professes to be the free will offering of And then follows the form of oath, showing men who have recently sworn "' to bear that this is no dogma even of this administratrue allegiance to the Constitution and Gov- tion. The issue was made, and to a ver ygreat ernment of the United States and the State extent by the very same gentleman I have of 3larylland," and not paramnount alle- already alluded to. It is a doctrine-and giance to the former. My only explana- here I particularize no individual of a set of 278 men of whom the President has no doubt said legiance due and owing from every subject to to himself, as Macbeth said to Banquo: his sovereign." 1 B1. Comn 368. Allegiance II - "though I could is again defined in 1. Burrill's Law DictionWith bare-faced power sweep him from my ary p. -, as " the tie or bond of fidelity and sight, obedience, by which native born subjects.or And bid my will avouch it, yet I must not, citizens are bound to their sovereign, government or country, in return for protection afFor certain friends that are both his-and mine, ment or country, i return for protection afWhose love I may not drop, and thence it is rdedthem. See2. Hill R. R.7 1.2. Kent That I to your assistance do make love, Co. 44., 1. Comstock R. 73. Allegiance asking tothe business from the common eye is thus made the correlative of protection exFor Masking the buswe ighty from ecommoneye tended or afforded. Allegiance to the GovFor sundry weighty reasons." ernment is measured by the protection given And it was against this very class of men by the Government. If paramount allegiance that resolutions, as I read in the Baltimore is due to the Federal Government then paraAmerican of yesterday, were directed, caution- mount protection niust be extended by the ing the people to keep guard over them in the Federal Government Paramount allegiance Baltimore National ( onvention; and it was involves the idea of liege allegiance; and this same gentleman, the chairman of this com- when it comes in conflict with any other, mittee (Mr. Stirling) who, when he was about overshadowing and cancelling all other forms to be appointed a delegate to carry out the of allegiance, irrespective of the question doctrines of the administration, said: " Don't whether the government is exercising its instruct us, but say that this delegation is re- proper powers or its usurped powers. If the guested to go for Abraham Lincoln." But proposition of the report of the majority of the voice of the people of Baltimore shouted the committee be true, then the citizen must out: " We will not permit it to be a request, obey the general government in whatever but you shall go for him first, last and all the and wherever it commands. Contra omnes time." Now let us see how well the gentle- civitates fidelitatemfecit. man will stand up to that. I put this case to gentlemen. The ConstiMr. STIRLING. I do not see exactly what tution expressly provides that every State that has to do with the matter. It has no shall be entitled to have two Senators. Suppersonal application to me, for gentlemen with pose Congress should pass a law which should.. me in the last Legislature, know that I was say that Maryland should have only one the first man here who offered a resolution Senator; and goes on farther to provide declaring Mr. Lincoln the choice of the peo- that in case the members of the Legislature pie of Maryland; and the gentleman voted of Maryland should vote for more than one against it. Senator to represent the State in the Senate Mr. CLARKE. I did, and I do not claim to of th6 United States-with the Constitution be a supporter of the administration. But remaining unchanged-they shall be subsince then the gentleman who represents the jected to pains, and fines and penalties. Will city of Baltimore in t ongress, has been op- gentlemen tell me that the members of the posing Mr. Lincoln's administration, and Legislature of Maryland would be bound to doing all he can to defeat his important meas- vote for only one Senator, and that the State ures in Congress, and the gentleman from of Maryland would be thereby bound to yield Baltimore city generally acts with him. How- her right to two Senators in Congress? If ever, I pass from these things, and come now she would not, then you cannot say that to a discussion of high constitutional princi- your allegiance to the Federal Government is ples. so paramount that it shall override all State In order to test the soundness of the propo- action. But if the proposition of the comsition embodied in article 4 of the proposed mittee is true, then it follows that the State Declaration of Rights, I shall first inquire must give up her two Senators and take one, what is meant by the terms "' allegiance" and and that the members of her Legislature shall " paramount allegiance." vote for but one Senator instead of two. "Allegiance is the tie or ligament of fidel- That is what it leads to. ity and obedience which binds the subject to And hence I announce the doctrine to meet the king, in return for that protection which that proposition, that you are bound to obey the king affords the subject.'The thing itself, the Constitution, and the laws of Congress or substantial part of it, is founded in reason passed in pursuance of that Constitution, and and the nature of government." 1 Black. Corn. your allegiance is due to that extent; but 336. " The idea was taken or borrowed that beyond that extent your allegiance is due from the feudal system. The oath of allegi- to the State. And you are just as much ance was taken to the superior lord or sove- bound not to obey the Federal Government reign. To the inferior lord the vassal took an when it undertakes to exercise usurped power, oath of fealty. The oath of paramount alle- power not given it by the Constitution, as giance was considered as overriding all others. you are bound, when the State undertakes to "' Contra omnes homines fidelitatem fecit." violate its duties and its obligations, to mainThere is an implied original, and natural al- tain the authority of the laws of Congress 9 v and the Constitution, within their proper to execute the laws of the Union, suppress insphere and limit. If this doctrine be true, as surrections and repel invasions, and to proasserted by the proposed article, then the hibit the States (and so protect the citizen) citizen makes his pledge of allegiance against from doing any of the acts embraced within and in conflict with the States, viz., all the the tenth section of article one. rights of the States. Contra omnes civitates "No State shall enter into any treaty, alfidelitatem fecit. liance or confederation; grant letters of Now, is this so, Mr. President" Is the al- marque and reprisal; coin money; emit bills legiance to the Constitution and Government of credit; make anything but gold and silver of the United States paramount, measured by coin a tender in payment of debts; pass any the protection which the government is hill of attainder, ex post facto law, or law clothed with the power of extending by the impairing the obligation of contracts, or terms of the Constitution? Nearly all the grant any title of nobility. No State shall, protection which the citizen enjoys is secured without the consent of the Congress, lay any to him by the States. The States deal with impost or duties on imports or exports, &c. all of his local rights. The States regulate " No State shall without the consent of most of his rights of liberty-if not all. The Congress lay any duty of tonnage; keep States exercise control over the domestic in- troops, or ships of war, in time of peace; enstitutions of the citizens. It protects them in ter into any agreement or compact with anall of the rights of life, liberty and the pur- other State, or with a foreign power; or ensuit of happiness And upon this point I gage in war, unless actually invaded, or in refer to the Federalist, No. 45, page 215. such imminent danger as will not admit of "'The powers delegated by the proposed delay." Constitution to the Federal Government, are And without going morefully into detail.the few and defined. Those which are to remain protection which the Federal Government exin the State governments are numerous and tends to the citizen is measured and limited by indefinite. The former will be exercised the powers of sovereignty conferred by the principally on external objects, as war, peace, Constitution. The protection which the State negotiation and foreign commerce. a:-' affords is measured by the extent of' the powThe powers reserved to the several States will ers of sovereignty retained by the States or extend to all the objects which in the ordi- the exercise of which is not prohibited to nary course of affairs, concern the lives, liber- them. Allegiance is due, therefore, partly to ties and properties of the people; and the the Federal Government, and partly to the internal order, improvement and prosperity State Government. The sum of the alleof the State." giance which is due to the two, constitutes Why is this Declaration of Rights put that allegiance which is due solely and as forth by the people of the State, unless paramount allegiance to a government whose upon the theory that the State, and not the sovereignty is not divided or parcelled out Federal Government, affords protection to as under our system, but is indivisible as in the extent of the great principles of govern- France, England, or Russia. The allegiance ment therein announced? What is the use to neither the State nor the Federal Governof a Declaration of Rights on the part of th-e ment is paramount, as overriding atch other. State, if everything is swallowed up in the They are separate and distinct. Their powconsolidated, universal powers of the Federal ers of sovereignty, provided the government Government? The Federal Government is is constitutionally administered, do not clash. more especially charged with the conduct of They do not run in angular directions which the foreign relations, and extends protection meet, but in parallel lines, each pursuing its to its citizens in all matters appertaining to own sphere; or in orbits centrifugal and centheir rights with foreign and independent tripetal, where if each is confined to its powers. The chief powers which it has, en- own orbit, you have a system harmonious abling it to afford protection to the citizen, and beautiful, like that which the, Deity has are, 1st. The power to provide for the cornm- given in the canopy above us in the motion mon defence and general welfare of the of the spheres. But if you disturb them, United States. 2d. To regulate commerce one running into the other, one interfering with foreign nations and among the several with the other, you have a state of anarchy and States, and with the Indian tribes. 3d. To confusion as dark and asterrible as that which provide for the punishment of counterfeiting brooded over the spheres before the universe the securities and current coin of the United was brought into order and light by the hand States. 4th. To define and punish piracies of Divinity. and felonies committed on the high seas, and And the question, which is to be obeyedoffences against the law of nations. 5th. To where does the allegiance due to each lead the declare war, grant letters of marque and re- citizen-must be determined by the fact, prisal, and make rules concerning captures on which is acting within the constitutional land and sea. 6th. To raise and support ar- lilmits or orbits assigned to them respectively. mies. Ith. To provide and maintain a navy. In other words, sovereignty which is the ulti8th. To provide for calling forth the militia, mate, absolute, uncontrolled power of govern 280 ment; of making laws and enforcing obe- assuming the right of self-government, and dience to them, which in all societies, must vesting themselves with sovereignty —and on be vested somewhere; under our form of the 28th day of June, 1776, prior to the Degovernment is vested in the Government of claration of Independence, South Carolina the United States and the States. The doe- fought the battle of Fort Moultrie, her men trine that sovereignty cannot be apportioned, marching to the conflict flying State colors no longer exists here or is applicable to cur and led by officers who were commissioned by form of government. The whole sovereignty John Rutledge, President of the Republic of is made up of the sovereignty conferred upon South Carolina. And South Carolina, Virthe United States, plus the sovereignty' re- ginia and New Hampshire adopted severally a tained by the several States, or the people of lIeclaration of Independence, prior to July the States. 4th, 1776. By resolution, however, of July I announce that proposition as the incontro- 2, 1776, they with the other colonies sundered vertible theory of' our Government. And as all ties with Great Britain, in these words: further confirming this doctrine, I would refer "Resolved, That these United Colonies are to theFederalist, No. 32, page 140: " An entire and of right ought to be free and independconsolidation of the States into one complete ent States, that they are absolved from all national sovereignty, would imply an entire allegiance to the British crown, atnd that all subordination of the parts, and whatever political connection between them and the powers remain in them would be altogether State of Great Britain is and ought to be todependent on the general will. But as the tally dissolved." Then came the Declaration plan of the Convention aims at only a partial of Independence in which they declareunion or consolidation, the State Govern- "We. therefore, the representatives of the ments would clearly retain all the rights of United States of America, in general Consovereignty which they before had, and which gross assenbled, appealing to the Supreme were not by that act, exclusively, delegated Judge of the world, for the rectitude of to the United States." our intentions, do, in the name and by I refer again, upon the same point, to page the authority of the good people of' these 142. "The necessity of a concurrent juris- colonies, solemnly publish and declare, that diction in certain cases, results from a divi- these United Colonies are, and of right ought sion of -the sovereign power; and the rule to be, free and independent States —" that all authorities of which the States are Not a fiee and independent government, not explicitly divested in favor of the Union, not a free and independent community, all remain with them in full vigor, is not only the States fused into one, buta theoretical consequence of that division, but "Free and independent States: That is clearly admitted by the whole tenor of the they are absolved from all allegiance to instrument which contains the articles of the the British crown, and that all political conprepared Constitutioln." Federalist, No. 32. nectiont between them and the State of Great And then I turn to page 178, in further Britain is, and ought to be totally dissolved confirmation of the doctrine. " In this rela- and that as free and independent States, they tion, then, the proposed government cannot have full power to levy war, conclude peace, be deemed a national one; while its jLurisdic- contract alliances,.establish commerce, and to tion extends to certain enumerated objects do all other acts and things which independonly, and leaves to the several States a resi- ent States may of right do, and for the supduary and inviolablesovereignty over all other port of this Declaration, with a firm reliance subjects." Federalist, No. 39. on the protection of Divine Providence, we The same result will be reached by a dif- mutually pledge to each other our lives, our ferent process of reasoning. These States fortunes, and our sacred honor." xwere formerly colonies, and were settled un- Through seven long years of toil, sufferder different grants from the sovereigns of ing and alternate defeat and success, those Great Britain. Each was a separate and dis- revolutionary men fought until their solemn tinct. community, with different laws, and pledge to Almighty God was fulfilled, and clothed with different colonial power.3, and their independence was acknowledged by treahaving different governors and assemblages ty stipulations with Great Britain, France and exercising legislative power. Under the other powers. They became then each sepacolonial system, the allegiance of the inhabi- rate and distinct sovereign States. The altants of the colony was due solely and exclu- legiance formerly due by the people of the.siveiy to the sovereign of Great Britain. separate colonies to the English sovereign was This allegiance in that form was one and un- transterred, on the happening of the revoludivided and paramount. When our ances- tion. to the government of the several States. tors, moved by the series of wrongs inflicted MlcIlvaine vs. Coxe, 4 Cranch, 209. This alby the mlother country, determined to seek legiance was a unit, undivided, and the several redress for the injuries too long borne, sever- States claimed it, and claimed it properly, as al of the colonies, prior to the Declaration of paramotont. Independence, framed a Constitution and de- The States next united under articles of clared themselves independent States, thus confederation, under which the whole system 281 was federal, and the States retained their sov- thority, but by that of the people themselves. ereignty, simple and pure, without delega- Were the people regarded in this transaction ting any portion thereof to the common as forming one nation, the will of the whole agent. people of the United States would bind the mi1 refer to Elliott's Debates, 1st volume, page nority; and the will of the majority must be 79, and article 2d of the Articles of Confede- determined either by a compromise of the inration. dividual votes, or by considering the will of " IEach State retains its sovereignty, free- the majority of the States, as evidence of dom, independence, and every power, juris- the will of the majority of the people of the diction and right which is not by this Con- United States. Neither of these rules has federation expressly delegated to the United been adopted. Each State, in ratifyling the States in Congress assembled." Constitution, is considered as a sovereign There is a delegation of certain powers, body, independent of all others, and only but a retention of its sovereignty, its free- bound by its own voluntary act." Federaldom and independence. The Articles of Con- ist, No. 39, pages 176 and 177. federation show this. Article 3d says: Mr. PUGH. What authority is that? I" The said States hereby severally enter in- Mr. CLAAREE. The Federalist. Does the to a firm league of friendship with each other, gentleman accept that as authority? for their common defence, the security of Mr. PUGH. I thought it was Calhoun. their liberties, and their mutual and general Mlr. CLARKE. No sir. It is Mr. Madison, welfare, binding themselves to assist each who did more than any other man living in other against all force offered to, or attacks his day to make this Constitution. made upon them, or any of them, on account It was not adopted by a majority of the of religion, sovereignty, trade, or any other whole people of the United States. The prepretence whatever." amble,' we, the people of the United States," But that system of government soon be- meabs, "we, the people of the several united came inadequate, and in a mode different from States," and, upon this point, I refer to Elthat provided for in the Articles of Confede- liott's Debates, volume 1, page 224, where the ration, they formed a Constitution and crea- first and original draft of the Constitution is ted thereby, I assert, a government, and gave given in this form: it power to enforce its mandates by direct ac- " We, the people of the States of New tion on individuals composing the States. Hampshire, Massachusetts, Rhode Island and This government was no longer simply fede- Providence Plantations, Connecticut. New ral, as under the old Articles of Confedera- York, New Jersey, Pennsylvania, Delaware, tion, but partook also of a national character. MIaryland, Virginia, North Carolina, South I refer on this point to the Federalist, No. 39, Carolina and Georgia, do ordain, declare, and page 179. establish the following Constitution for the "The prepared Constitution, therefore, even government of ourselves and our posterity." when tested by the rules laid down by its an- That was the form in which the draft was tagonists is, in strictness, neither a national brought in. It was then referred to a revisonor a federal Constitution, but a composition ry committee, and that revisory committee of both. In its foundation it is federal, not put it in the present form, " we, the people of national; in the sources from which the or- the United States do ordain, &c." The dinary powers of the Government are drawn, change was made upon this suggestion, that it is partly federal and partly national. In if, in the preamble, you included all the States the operation of those powers, it is national, by name, and it should so happen some of not federal. In the extent of these again, it the States or the jeople thereof, not being is federal, not national." No. 39, Federalist. bound by a majority of the people of the It was formed by the people of the States, States, or a majority of the States, but each not acting as an aggregate whole. I refer on State having the right to determine for itself, this point to the sa me authority I have quoted that any State did not ratify, it, there would on several occasions, for I know of none be a preamble providing a form of governwhich ought to be regarded as higher. ment for a State which did not come within " It is to be the assent and ratification of the provision of the Constitution; and to the several States, derived from the supreme meet that objection, and with no view of alterauthority in each Slate, the authority of the ing the meaning or construction of the Conpeople themselves. The act, therefore, es-. stitution, it was put in this form, and the tablishing the Constitution, will not be a na- truth of history is this: that Rhode Island tional, but a federal act.:' -:, remained for several years a separate and disIt is to result neither fiom the decision of a tinct sovereign State, no part of this Governmajority of the peol,le of the Union, nor fiom ment, and Mlaryland was one of the last to that of a majority of the States. It must re- ratify. the Constitution, but stood out upon suit from the unanimous consent of the seve- the question of equality of territory, and not ral States that are parties to it, differing no until that question was settled, of the perfect otherwise from their ordinary assents than in equality of the common territory, won by the its being expressed, not by the legislative au- common blood and the common treasure, did 19 282 she come under the banner and folds of the it was to be a Constitution only between the Constitution. States ratifying the same. If gentlemen will And further, that "'the peopleof the United turn to first of Elliott's Debates, page 319, States" does not mean people of the United they will there find that the several ratificaStates, as a single political community. See tions were madein this form: "We, the depuarticle 1, section 2, clause 2, of the Constitu- ties of the people of the State.of Delaware;" tion, defining the qlualifications of members We, tie delegates of the people of Pennsylof Congress. vania;" and so on throughout, each ratifying " No person shall be a representative who it as the people of a sovereign State. A friend shall not have attained to the age of tkwenty- near me suggests the question, whether in the fivei years, and been seven years a citizen of formation of this Constitution, and its acceptthe United States, and who shall not, when ance by the people of the several States, its elected, be an inhabitant of the State in which acceptance by the people of Pennsylvania he shall be chosen." contributed one tittle to make that ConstituNow under the first election held under the tion the form of government over the people Constitution, if'" citizen of the United States," of Mlaryland- or whether it was not made the meant a citizen of the United States as a whole, law of Maryland, so as to bri ng the people of and not a citizen of one of the several States, the State of tMaryland under that government, no man could have been a member of Con- simply, solely and purely by the action of the gress. because the United States had not been people of the State of' Maryland, acting as a formed for seven years, and no man could State, and independent of all other Stites and have been for seven years a citizen of the all other peoples. The latter, of course, is the United States. true answer. Mr. STIRLING. If the gentleman will per- Now it so happened that when studying the mit, I will interpolate a single remark here. Constitution at the Harvard Law School. we If that construction is true, if a citizen of a had Story as a text book, which announces State means a citizen of' the United States, doctrines in opposition to those which I am what then becomes of the doctrine which the endeavoring to establish. Judgre Story had State's lights party has always maintained, then passed away, and had been succeeded, that a citizen of Massachusetts was not neces- as Dane Professor of Harvard University, by sarily a citizen of the United States? And if Hon. Joel Parker, who for many years adorned his doctrine does not carry with it the doc- the bench of New Hampshire as its chief justrine that a black man, a citizen of Massa- tice. In the course of liis lectures upon the chusets, is a citizen of the United States? subject, several questions, embracing the docMr. CLARKE. I will answer the gentleman trines I have announced were put to him by in this way- me and other young men from the South, of Mr. STIRLING. I do not deny that it is so. whom, I am happy to say, a large number.Mr. CLARKE. I deny it; and I am only re- were then in attendance. We asked him to sponsible for the doctrine I assert. In my review the doctrines of Judge Story. He reopinion, the Constitution when it was formed, spectfully informed us that he would take the was formed for swhite men, and the history of subject under consideration, and would deeverystep in the formation of the Constitution, liver a lecture upon it at the next meeting. shows that it was only meant for white men. He came in-this Dane Professor of HarAnd any white man who is a citizen of any vard University, who had succeeded Judge of the States, is eligible to a seat in'Congress; Story, said that Judge Story had, I will and when you go a step farther and announce not say, misrepresented facts, but had ana doctrine in contravention of the Dred Scott nounced doctrines which could not be maindecision, which has declared, from the portals tained. And Judge Parker announced to me, of the Supreme Court of the United States, as a student of law, and all the southern genthat a black man is not a citizen of the United tlemen with me, and to the northern gentleStates, this is my answer: Black men are not- men also, that the Constitution was formed citizens of the United States, and are not by the people of the several States. eligible to Congress, whether they are citizens Now I go a step further, and say that it of* Massachusetts, Maryland or any other was formed by comlpact between the States; State. But any white man, for whom this and in supportof this I refer to the democratic, Constitution was solely formed, who is a the immortal and true old Jeffersonian doccitizen of one of the several States, is eligible trine, which I hope will never be surrendered to a seat in Congress. But the gentleman, I as long as there is a man left in this State to suppose, does not submit to the Dred Scott fight for true democracy. I do not mean war decision. democracy; but true old Jeffersonian demoMr. STIRLING. I do not agree with it. cracy, the genuine democracy announced in MNr. CLARKE. You do not submit to it. the Virginia; and Kentucky resolutions to be Sir. STIRLING. I submiit, but do not agree found in 4 Elliott's Debattes, pages 528 and to it. 540, as follows: Mr. CLARKE. TO return to my argument. "Resolved, That this Assembly doth exThe last article of the Constituti on shows that plicitly and peremptorily declare that it views 283 the powers of the Federal Government as committed against the Constitution and Govresulting from the compact to which the States ernment of' the United States. then as Presiare parties, as limited by the plain sense and dent Jackson said in his proclamation of Deintention of the instrument constituting that cember 10th, 1833, allegiance was due to the compact, as no further valid than they are extent of the powers conferred. authorized by the grants enumerated in that But no paravmount allegiance was given. compact," &c. The States, except within the limits and to And the Kentucky Resolutions prepared by the extent within which they restricted their Thomas Jefferson: powers, still retained the residue of their sov-' Resolved, That the several States compris- I ereign powers. Treason could be still comingtheUnitedStatesofAmerica, arenotunited mitted against the State. The doctrine of on:the principle of unlimited submission to paramount allegiance is never once tolerated. their General Government; but that by com- I have looked, and looked in vain, to find pact, under the style and title of a Constitu- language used by any expounder of the Contion for the United States, and of amend- stitution or writer upon the subject; I have ments thereto, they constituted a General carefully examined even the order of General Government for special purposes, delegated to Schenck —and nowhere have I found the docthat Government certain definite powers, re- trine of paramount allegiance announced as serving each State to itself the residuary mass due to the Federal Government. of right to their own self-government; and And as showing that I am maintaining no that w-henever the General Governmenrt as- doctrine subversive of our government, but sumes ulndelegated powers, its acts are unau- the true doctrine of the sovereignty of the thoritative, void, and of' no force; that to Government of the United States within the this compact each State acceded as a State, limits of the Constitution and the allegiance and is an integral party," &c. due thereto, I refer to one passage fromr the And although Mr. Webster in his great speech of Hon. Montgomery Blair, on the revocontroversy with Mr. Hayne, denied that the lutionary schemes of the ultra-abolitionists, Constitution was formed by compact, or that in which he asks:' Is not the Union and its it is a compact, yet he lived to revise his Constitution identified as'that corporate exopinion, and Massachusetts in 1851, through istentce' within the States which makes them the eloquent tongue of the great expounder all-those trodden down and those standing of the Constitution, declared iia his speech at up-component members of our Union of Capon Springs, in 1851, that it is a cornpact, States? -low can the Union, which is the in these -words: guaranty of the government of every republic " I do not hesitate to say and repeat, that of which it consists, admit, whilst it lives, that if the Northern States refuse, wilfully and de- any part of it is dead?" Accept tihe doctrine liberately, to carry into effect that part of of' the gentleman from Baltimore city, (Mr. the Constitution which respects the restora- Stirling), and I say the State of Matrylanid, as tion of fugitive slaves, the South would no a State, is dead. She may be part of a conlonger be bound to observe the compact. A solidated government to which you oNe parabargain broken on one side is a bargain mount allegiance, but the State, as a State, broken on all sides." i is dead from that hour. She may exist on Because, Mr. President, this Constitution sufferance by the General Government; but was formed by compact, and by the Slates, iti the existence of' State:s by sufferaince is no exdoes not follow that our forefathers did not istence at all. M3r. Blair goes on to say: "It design the form of government to be perpetual does not admit it. It is at war in every and lasting. It contained no germ or seed State in the Union at this moment, co-opefor its own destruction. And when the Con- rating with the loyal in each, entitled by its stitution was ratified by the States, they I special sovereignty to crush the traitors who thereby created a Government. Certain powers violate it.'"' I quote to show that he uses the were delegated to the General Government, term "special" sovereignty, not paramount and to the extent of the powers delegated the sovereignty. Paramount sovereignty inGovernment was clothed with sovereignty, and volves the death of "the parts "-the States. allegiance henceforth became due-to the ex- Miy doctrine preserves the life and true legal tent of the sovereign powers conferred —to the status of both-the States and the Federal Constitution and Government of the -United Government. States. The States remained no longer sov- To further confirm this doctrine,:I refer to ereian as before. By the formation of thei Mr. Webster's opinion-4 Elliot, 499: Constitution, and by entering into the comn- "The States are, unquestionably, sovereign, pact, they parted with a portion of their so far as their sovereignty is not affected by powers of sovereignty, vi;: the power to this supreme law. But the State Legislaregulate commerce, the power to form trea- tures, as political bodies, however sovereign, ties and alliances, the power to keep standing are yet not sovereign over the people. So far armies in time of peace, and other powers as the people have given power to the Gene. which it is unnecessary now to recapitulate. ral Government, so far the grants are unquesTreason was defined, and -if treason could be tionably good, and the Government holds of 284 the people, and not of the State Governments. But, Mr. President, while I contend that We are all agents of the same supreme power, the Constitution was formed by States, and the people. The General Government and I by compact between the States, and I dethe State Qovernments derive their authority ny that paramount allegiance is due to the fiom the same source. Neither can in rela- Federal Government, I do not claim, as a tion to the other be called primacry, though logical conclusion therefrom, that a State has one is definite and restricted, and the other a right to secede from the Union, in the sense general and residuary. The national govern in which the advocates of that doctrine mainment possesses those powers which it can be tain it. A denial of the proposition contained shown the people have conferred on it, and in the proposed article does not involve the no more. All the rest belongs to the State existence of the right of secession, or demand Government, or to the people themselves. So the adoption of the proviso offered as an amendfar as the people have restrained that sover- ment by the gentleman from Howard, (Mr. eignty, by the expression of their will, in the Sands.) If the gentleman supposed the amendConstitution of the United States, so far it ment I offered contemplated any such thing must be admitted, State sovereignty is effec- as the assertion of the right of secession, or tually controlled. I do not contend that it that his proviso was necessary, it showsa want is or ought to be controlled further." of knowledge of constitutional law upon the Mark the expression used by Mr. Webster, part of that gentleman with which I had not'neither can in relation to the other be called credited him. I supposed he had a more primary." The allegiance due to neither is thorough acquaintance with the Constitution thereforeprimary. To the Federal Govern- and the true structure of our government. ment the allegiance is "definite and re- The Constitution being founded by compact, stricted." To the State the allegiance is certain powers were surrendered by the States, i'general and residuary." And Mr. Carlisle, viz., the right of the Federal Government to in the argument of the prize cases before the exercise all the powers with which it was Supreme Court, 2 Black. R., 641, refers to clothed. this question of allegiance in such terms as Among others, the State surrendered the would indicate the Court would not have right to amend or change the Constitution7 tolerated an argument to sustain a proposi- except in the manner provided in article 5. tion that paramount allegiance was due to To this the States assented by compact. Now, the United States Speaking of the Presi- although the States werefree, sovereign and dent's proclamation, he says: "From the independent before the adoption of the Connature and structure of our government, it stitution, by that adoption they limzited their could have had no precedent. The coexist- right to change the Constitution and form of ence of Federal and State sovereignties, and government. They thus, to a certain extent the double allegiance of the people of the tied up or restricted their sovereignty. They States, which no statesman or lawyer has are bound to exercise their powers with due doubted until now, and which this Court has regard to the obligations imposed upon them repeatedly recognized as lying at the founda- by the compact with each other. Their powtion of some of its most important decisions; er or right to depart from the compact the delegation of special and limited powers is determined by the interests or rights to the Federal Government, with the express which have intervened with the other States, reservation of allotherpowers "totheSt'ates by a compact binding upon their faith.'and the people thereof;" who created the The right of a State at will-for causes of Union and established the Constitution, the which it is to be the sole and exclusive judge — powers proposed to be granted, and which to withdraw from the Union, is to my mind were refused, and the general course of de- clearly not a Constilutional right-that is, a bates on the Constitution, all concurred in right conferred by the terms of the Constitupresenting this to the President as a case of tion-it is not a reserved right, in the sense of the first impression." the right specially retained to the States, eithAnd the Court, page 673, use this lan- er by implication or express permission. It guage:' Under the peculiar Constitution of does not result firom the nature of the comthis Government, although the citizens owe pact or constituton in any other sense than as supreme allegiance to the Federal Govern- a revolutionary right. Itisin fact revolutionment, they owe also a qualified allegiance to secession is revolution. It makes a change the State in which they are domiciled. Their in the the government organized by the Conpersons and property are subject to their stitution in a mode and manner not provided laws." The supreme allegiance clearly, from in the Constitution, and is carried on against the reasoning of the Court, only means within the will of the existing form of authority. the limits of the powers conferred by the Con-, It is organized revblution. It ib conducted by stitution on the Federal Government. There an organized body-apolitical body, recognized is no assertion of a claim on the part of the by the Constitution as a State. It is in a Federal Government to paramount allegiance, word revolution by States. which means superior to, overriding all other And here let me remark the distinction forms of allegiance. which exists under our form of government 285 between the shape which revolution may here i ciety. If it be between part of the citizens assume, and the shapes which it assumes un- on the one side, and the sovereign and those der those forms of government where the whole who continue in obedience to him on the sovereignty is vested in a single head, and other, provided the malcontents have any where the government is formed exclusively reason for taking up arms, nothing further is by, and operatessolely on individiaEls. Thepeo- required to entitle such disturbance to the pie, acting in their individuat capacity —some name of civil war, and not rebellion. This in one State and some in another without latter term is applied only to such an insurreference to sectional lines, may undertake to rection against lawful authority as is void of remodel or change the government, contrary all appearance of justice. iThe sovereign, into the forms of the Constitution. Instead of deed, never fails to bestow the appellation of a revolution marked by sectional lines, a por- rebels on all such of his subjects as openly retioD of the people of Maryland may be dis- sist him: but when the latter have acquired satisfied with their form of government. A sufficient strength to give him effectual oppoportion of the people of Massachusetts, and sition, and to oblige him to carry on the war a pdrtion of the people of New Hampshire against them according to the established may also be dissatisfied, and may try to over- rules, he must necessarily submit to the use turn the Federal Government; and we may of the term'civil war.' have in either one or all of these States, a "A civil war breaks the bonds of society portion of the people standing by the Federal and government, or at least suspends their Government, and a portion aiming at its force and effect; it produces in the nation two overthrow, the result being this: that one independent parties, who consider each other State will be with the Federal Government, as enermies, and acknowledge no common and another against it, accordingly as the judge. These two parties, therefore, must numerical majority or State authority may necessarily be considered as thenceforward incline. Massachusetts may be with it, and constituting, at least for a time, two separate Maryland may be against it; and the revolu- bodies, two distinct societies. Though one tion will go on in that shape or form. This of the parties may have been to blame in would be revolution as commonly understood breaking the unity of the State and resisting and treated of by writers on government. the lawful authority, they are not the less But the people acting through organized divided in iact. Besides, who shall judge communities, through the States, may at- j them? Who shall pronounce on which side tempt thesamethinhg. They may by sectional the right or the wrong lies'l On earth they lines gain the power and authority over the have no co.- mon superior. They stand thereState Governments, and act in the revolution fore in precisely the same predicament as two just as we see that revolution is now going on nations, who engage in a contest, and being in the Southern States; a sectional line unable to come to an agreement, have redrawn, and those within that line waging course t.o arms." war against the Government, through the ac- Hon. James A. Bayard, in his speech detion of the States at first, and afterwards, livered in the Senate on the ~ day of under the direction of an authority created by March, 1861 (Congressional Globe, volume the States. This is still revolution. But a --, page -, - session of Connew form of revolution developed by our gress,) has more fully argued with masterly American theory of government, and not ability the theory of secession as being revoknown to, or at least distinguished plainly lution by States than I have ever known by European, or even American writers, the subject to be discussed. He there takes who have treated upon the subject. Vattel the ground that secession is revolution by Laws of nations, book 3, ch. 18, page 424, States-admits the right of the General Govcontains the germ of the idea. but does not ernment to deal with the seceded States plainly devolope it. through a resort to negotiation, by measures' When a party is formed in a State, who of conciliation, or to make the act of secession no longer obey the sovereign, and are pos- a casus belli, and concludes his argument by sessed of sufficient strength to oppose him,- maintaining the power of the President, by or when in a republic, the nation is divided and with the advice and consent of the Seninto two opposite factions, and both sides take ate, to recognize the independence of the up arms,-this is called a civil war. Some Southern States. writers confine this term to a just insurrec- To go one step further, I will refer again to tion of the subjects ageinst their sovereign, to 2 Black's Supreme Court Reports, 636: and I distinguish it from that unlawful resistance, re- would ask the gentleman from Baitimore bellion;. which is an open and unjust resistance. city (Mr. Stirling) whether he recognizes that But what appellation will they give to a war decision as authority, or whether that is also which arises in a republic torn by two fac- a case where he will only submit to the exetions; or in a monarchy, between two com- cetion issued thereon; a doctrine as subverpetitors for the crown? Custom appropriates sive of law and order, and constitutional the term of'civil war' to every war between principles. and as direct a denial of the authe members of one and the samre political so- I thority of the Supreme Court, whose de 286 cisions: are the interpreters of Constitu- has placed itself in a position where it cannot tional: law, as the'' higher law" doctrine, prosecute it within the limits of the Constiwhich, if the gentleman and those with whom tution, but must fall back upon rights de jure he acts can get the power, will be put in op- belo. It has put itself in a position where it eration in this country, and build up as un- can no longer hold up the flag, and say the limited a despotism of the majority as history government is fighting for the old flag ever recorded —a despotism in which thite and: the Constitution. We must wage the men alone will not take part. For one, I war with the South as belligerents. It is would rather have my face veiled, and sink practical recognition on the part of' the Suinto the earth beneath me, than to witness preme Court;, to a certain extent, of the inthat species of despotism in which the black dependence of the Southern States. You do man will figure as the enslaver and partial not, Mr. President, treat the men who are despot of the white man. carrying on the war as wraitors. You are The question was raised before the Su- taking them every day. They are traitors preme- Court; of the right and authority of according to one theory. Why does not the the President and Congress to declare the Government try them and hang them? Why ports of the Southern States which entered is not every man of them hung? Merely into the rebellion, to be blockaded. And fronm the fact that to the extent of the decision it was there held, that of the Supreme Court it is an admission as "5. A state of actual war may exist with- laid down in Vattel, that the government is out any formal declaration of it by either waging war against States. Hence the very party; and this is true of both a civil and a doctrine that this is a war by the General foreign war. Government against a revolution by States, "6. A civil war exists, and may be prose- is recognized both by acts of the General cuted on the same footing as if those opposing Government and the decision of the Suthe government were foreign invaders, when- preme Court. The result is this: The Govever the regular course of justice is inter- ernment has got itself into such a position rupted by revolt, rebellion or insurrection, so that nothing remains but to carry on the war that the courts cannot be kept open. against these States for purposes of' subjuga"'7. The present civil war between the tion. That is the issue which the people of United States and the so-called Confederate the country are called on now to meet, States, has such character and magnitude as whether this war shall be carried on for the to give the United States the same rights and purpose of -ubjugation by fire and sword, to powers which they might exercise in the case overthrow all Constitutional rights, and deof a national or foreign war; and they have stroy, as it is now claimed the Government therefore the right jure bello to institute a can lawfully do, all rights which belong to blockade of any ports in possession of the re- the people in those States-the rights of bellious States. slavery, their personal rights of property, " 8. The proclamation of blockade by the and the rights which have ever been deemed President is of itself conclusive evidence that " immortal and unimpeachable "-the rights a state of war existed, which demanded and of the States. authorized recourse to such a measure. There is another doctrine. therein declared, " 9. All persons residing within the terri- that every man in the Southern States is an tory occupied by the hostile party in this enemy. Does the converse of that decision contest, are liable to be treated as enemies, hold? Does the Supreme Court intend to rethough not foreigners." cognize the priniciple that persons residing So there is the doctrine announced by the within the territory of the United States not Supreme Court, ye loyal men in those States, occupied by the hostile party are to be treated that you can have no more protection from asfriends, as loyal men, as men who tinder the government. Your property is liable to the Constitution, can claim their rights? So capture. You can be treated under the law help me Go(l, so long as I have that decision as enemies, just as much as the man found of the Supreme Court to stand upon, so long with arms in his hands. That is the principle as I hold the Constitution of the United States upon which the Federal authorities are now and this form of government to be as much prosecuting this war. mine as the gentleman's from Baltimore city Mr. STIRLING. I will ask the gentleman ( Mr. Stirling's) I contend that he is entitled whether he accepts that decision of the Su- to no right under it which I have not an equal preme Court? right to clainm, whether of person, of property Mr. CLARKE. I will say this: I do accept or of liberty. I hold the gentleman and this as law, that the government of the those who act with him liable, if they violate United States has no right, if it proceeds un- the Constitution and laws of the United States, der the Constitution and is dealing with men passed in pursuance thereof, to be treated as under that instrument, to carry on the war traitors who should be dealt with accordingly. except according to the Constitution. But And when you deal with us, and with those this decision goes to another point: that in who act with us, under this decision of the putting down this rebellion the government Supreme Court of the United States, you are 287 bound' to recognize us as entitled to all the citizen I You will submit to the execution protection which the Constitution throws when ordered. I will'add that the gentleman around the citizen. The sameprotection which from Baltimore city would only do this bethe gentleman from Baltimore city claims I cause he would be forced, and if he could claim. I do not know whether the decision possibly prevent the execution, he would do of the Supreme Court will change his views it. Or if any attempt should ever be made or not. I would like to have had the benefit in BiRltimore city to enforce a similar decision of his reasoning upon this article, to let us its enforcement by way of judicial process know what are hisviews upon it, now for the would be very doubtful, if' the gentleman first time attempted to be engrafted upon any from Baltimore city could control it State Constitution. But he permitted us to But to return. I repeat it. My answer go on with the discussion without a word of would be, in the supposed case, thatitwouldbe reasoning, without a syllable in its favor or revolution if carried on against the wvill of the in explanation of it. other States or of the United States GovernThe Constitution declares substantially that ment. The act would be one of usurs'tion I no act of a State Legislature or of a State admit, on the part of the Federal Government, Convention shall violate it; and the Supreme which could clearly call for and demand revoCourt is organized to determine certain cases lution. But it would be none the less revoluwhich may involve the construction of the tion by States. in confirniation of these views', Constitutionui and the laws of Congress. In Mr. Justice Grier says, on page 673, in thB such cases even the advocates of secession decision of the prize cases already refibred to admit the States are bound by the decision. "Hence in organizing this rebellion, they But they suppose infractions and violations of have acted as States' claiming to be sovereign the Constitution which cannot, being merely over all persons and property within their repJolitical matters, be passed upon judicially, spective linlits, and asserting a right to ab'and they put the case of " certain political solve their citizens from their allegiance to ri~ghts guaranteed to the States of this Union the Federal Government." by the terms of the Constitution itself"' being The act done is one thing-the justification taken from the States by the Federal Govern- or cause is another. In the case put, the ment. A case has been put and with marked revolution produced by the act of the States ability, by AMr. Benjamin, in one of his oera- or States refusing to remain any longer in tions, who has ably argued this question the Union, would be justified. with a logical power, united with a strain of Now, I put this case. Suppose that accordeloquence excelled by no one, "' of the Senate ing to this theory of paramount allegiance; undertaking to reject, by a vote, two Senators the General Government or Cone ress should to' which a State is entitled, and declaring undertake to reconstruct a State from one, or that hereafter she shall be entitled to only from several of the States, as has been done in one." And if for that reason, a State or a the case of West Virginia: in regard to which number of States, decide no longer to remain Judge Catron held when an attachment was subject to the constitutional compacts, he brought, setting forth that the party was a asks:' Is that revo ufion or is it the exercise citizen of West Virginia, that he had no power of clear constitutional rights?" My answer to recognize West Virginia as a Statte because would be, it is revolution, that is, a change in it was unconstitutionally formed, and the the form of the existing government, in a attachment should be brought stating the mode and manner not pointed out or provided party was a citizen of Virginia. Would this by the Constitution which organized the be an exercise of constitutional power? CerGovernment, growing out of a subject, to be tainly not. Suppose the General Governsure, over which the Supreme Court has no ment says: "I have paramount authority; jurisdiction, and which therefore you cannot paramount allegiance is due to me; Marybring to the arbitrament of the Supreme land shall have but one Senator, and I Court. But even those gentlemen who se- will enforce it." Would gentlemen for a ceded admit, if a subject matter perfectly with- moment say the General Government had a in its jurisdiction is brought to the Supremne right to deny to Maryland her two Senators, Court, as in the case of the Dred Scott de- and to wage war against the State of cision, they would stand by the decision of Maryland, sword in hand, if Maryland the Court and not treat it as the gentleman should refuse to acquiesce in such a defrom Baltimore city (Mr. Stirling) and those cision, and should say,'give us the two with wholn he acts treat the decisions of this Senators to which we are entitled, and we high tribunal, to be tossed to the winds, and will come back and resume our place under reviled. Why you hold up to public execra- the general government. If you do not we tion that great man, Chief Justice Taney, who will resist you eternally." delivered the opinion. You say the decision, And I may carry out the same line of arguas announcing any binding rule of conduct is ment with reference to the subject of slavery. not to be submitted to I There stands the slave property of the South It is no authority in construing the Con- protected by Constitutional provisions as any' stitution: or determining the action of the other property is protected, recognized by de' 288 cisions of the Supreme Court, recognized by lution. In one case the revolution would be actsof Congress and the fugitive slave law on clearly justifiable. In the other doubtful, yourstatute book. Itis admitted, even by the and accordingly the intelligent opinion of the President, that there is no power to interfere world will be divided. In the third case, the with it in the States, except under the war revolution will be certainly wrong and unpower. The doctrine is recognized that only justifiable. Who is to decide? I admit there by constitutional amendment can you do is no arbiter. (Vattel: book 3d, chapter 18, away with it legally. Can the General Gov- page 424.) The question between the State ernment now, after having taken the ground and the United States becomes a question like that it will wipe out slavery as it goes along, that between any two States growing out of unconstitutionaily, with no right so to do,,infractions of treaty stipulations or compacts. ask these States with any force to come back, It may be the subject of compromise and conwhile it denies to themt their constitutional ciliation. It may be object of negotiation or rights? I put it as a plain, practical ques- arbitration. It may be a casus belli. It is a tion. So long as this Government, in the prerogative of the United States Government prosecution of the war denies to those States as a nation, with " special sovereignty," to detheir constitutional rights, can she ask an ac- cide whether they iw ill treat secession as a. mere ceptance upon their part of the protection of insurrection, to be suppressed under the powthe Constitution, while she expressly denies ers contained in the 15th clause of article 1, to them their right to constitutional provi- section 8, or by article 11, section 3d, or artisions made for their special benefit. Were we'cle 4, section 4, the reading of which I will to announce boldly and manfully, as the Crit- omit from the pressure of time. tenden resolutions do, that the war is not I further admit that the doctrine of the prosecuted for the purpose of subjugation, Federalist is sound, that there are certain nor for the purpose of overthrowing the in- cases where the government may use force. terests of a State, or say to these States, we The government employed force in the rebelwillprotect your rights and your institutions, lion in Pennsylvania, and against the Morthere would be some show of reason in making monns when a military force was sent under the demand upon them to come back. The the command of Gene ral Johnston. demand has never been -put before them in I refer, to sustain the position, to the Fedethat form or shape since this war began. ralist, No. 29, p. 124, where Hamilton says: Never, never has it been done. And now it " That there may happen cases in which has gone on so long and so much blood has the National Government may be under the been shed, that I am not able to say if it necessity of resorting to force, cannot be was made, what would be the result. There denied........ Should such emergenhave been so much bitterness and so much bad cies at any time happen under the National feeling created in different ways, that, were it Government, there could be no remedy but possible to collect all the slaves on one vast force. The means to be employed must be plain, and the earth should open and swallow proportioned to the extent of the mischief." up every negro in the land, as the followers And as a check to any use of this power to of Korah, Dathan and Abiram were engulfed, endanger public liberty, the States, he further I do not know, even with slavery thus says, will afford complete security. "Posdestroyed, that the white men of the South sessing all the organs of civil power and the would return to the Union. They seem to confidence of the people, they can at once have put the contest now upon a principle adopt a regular plan of opposition, in which higher than slavery, the right to maintain they can cornbiae all the resourices of the their independence. community." Fed. No. 27, p. 127. In the case supposed, Mr. President, arevo- And Mr. AMadison. No. 53, p. 201, of the lution produced by the act of the States, on Federalist, in discussing the clause guarantyaccount of a denial of their representation ing to every State in the Union a republican in the Senate, the revoluion would be form of government, protection from invajustified. And Ihis leads me to distinguish- sion, and on the application of the Legislaing between the different causes which may ture or of the Executive, (when the Legislabring about revolution. It may be that the ture cannot be convened), protection against State acts because a clear constitutional right domestic vioence, expressly admits the power has been denied. It may be that the right is of the Government to intervene as a superdenied upon a subject-matter of doubtful con- intending power, and repress the violence. stitutional power, in which the State firmly Or the Government may, in case the insurrecmaintains one position and the General Gov- tion pervades many States, regard it as formernment another. It may be that the State ing a casus belli, in which the States must be claims or exercises a power plainly prohibited treated as belligerents-the individuals enby the Constitution, and the exercise of which gaged in it to be dealt wxith not as rebels or being denied, she leaves the Union. I hold traitors, to be hung atter trial and conviction, in either case the act of withdrawing without but to be exchanged as prisoners of war-as assembling a Convention of the States, which men acting under the authority of a defacto Convention assents thereto, is an act of revo- Government, and subject to the code which 289 governs the belligerent rights of States en- this broad land, its different classes of men, gaged in hostility. That this war is so its different institutions, it will be evident waged, may be seen from 2 B1. U. S., 636, that if we attempt to maintain the governalready quoted. ment by force. it can only result in a military In this view, unless those engaged in revo- despotism. Established by the consent of lution lay down their arms, the Government States, no consent can ever be had under wages nothing less than a war for the sub- which our present practical administration of jugation of the individuals in arms, when the government could take the place of that resistance or revolution is suppressed, and which existed prior to the breaking out of when the national authority is re-estab- the war, But I will not enlarge upon this lished- the States are again entitled to be topic. I insist that this right of revolution "'resurrected'" or''rehabilitate''" with all in States is just as indestructible a- the right their rights, and to resume all the functions of revolution in the inzdividual. It is as unof free and independent States, unless the dying and immortal as the human soul, and whole theory of our Government is to be will never be surrendered so long as the asoverthrown and destroyed. pirations of men all tend to freedom and the In other words, belligerentrights and powers maintenance of guaranteed rights. only exist " so long as the regular course of To confirm this doctrine, I will refer to justice is interrupted by revolt, rebellion, or what Mr. Lincoln said, speaking of the Mexinsurrection, so that the courts cannot be ican boundary and the territory claimed by kept open." As soon as the Federal Govern- Mexico. He says-Cong. Globe, lstSess. 30th ment reasserts its authority, it ceases, in re- Congress, page 155 —' If shie gets it in any ference to any State so reclaimed, to occupy way, she gets it by revolution "-one of the a belligerent position. Belligerent rights can- most sacred of rights, the right which he benot continue after the suppression of the bel- lieved was yet to emancipate the world. The ligerent opposition. The Constitution, ex right of a people, if they have a government proprio vigore, extends the shield of its they do not like, to rise and shake it off. In protection over the State, and all institu- the exercise of that right, the Texans shook tions and rights which belong to a State. off the Mexican yoke. But how far? Did If secession is a nullity, then it must be re- the nation-did the people revolutionize by cognized as such, after the Federal authority lines? (ertainly not. They revolutionized is reasserted, by extending to the States their exactly to the extent they took part in it. constitutional rights, as well as at the outset, When they rose and shook off the old governwhen the nullity of secession or fact that se- ment, so much of the country vwas theirs. cession is a void act, is made the basis of the And where were the people that did not rise? exercise of the military power of the Federal They remained with the old government. It Government. Secession cannot betreated, in was this right of' revolution, and it could dealing with the States atone stage of the con- not be a perfect right if it could not be extroversy as void, and at another stage as valid. ercised until every individual inhabitant awas Its nullity cannot be invoked to render the in favor of it. It would be no right. And exercise of military power proper at first, and that neither Madison nor Jackson contemplated when the military power succeeds, then the the use of force in cases similar to the present act of secession cannot be treated as valid in civil war I refer to the Federalist, No. 43, order to palliate acts of oppression and sub- page 203, where Madison says —" should it be jugation. The State action is either wholly asked what is to be the redress for an insurnull and void, or entirely valid. And the rection pervading all the States, and comprisGovernment must adopt one or the other ing a superiority of the entire force, though theory, and predicate a consistent policy upon not a constitutional right? the answer must it. be that such a case as it would be without But woe to the ruler, as well as the nation the compass of human remedies, so it is forhe governs, who at such a crisis, cannot dis- tunately not within the conmpass of human cern, in applying the remedy, between a probability; and that it is a sufficient remere insurrection or resistance to lawful au- commendation of the Federal Constitution, thority, which should be suppressed by that it diminishes the risk of calamity, force, and that great pulsating discontent of for which no possible Constitution can prothe popular heart which a trifle may arouse, vide;" and to General Jackson's farewell adand which should only be treated with for- dress wherein he thus warns his countrybearance, causing in States great revolutions, men-"' but the Constitution cannot be mainwhich devastate the land-waste away the tained, nor the Union preserved in opposition true and manly spirits who emnbark in it, and to public feelings, by the mere exertion of produce national exhaustion and national in- the coercive powers confided to the General debtedness. If the Federal Government sup- Government; the foundation must be laid in presses this revolution on the theory of subju- the affections of the people, in the security it gation, or the denial of the rights of the gives to life, liberty, character and property States, it will, in the end, erect a consolidated in every quarter of the country; and in the governmentor a despotism. When we look at fraternal attachment which the citizens of 2-9 the several States bear to one another as Will gentleman accept it in all its provisions, members of one political faimilyj mutually in its length and bradth-its depth and Contributing to promote the happiness of thickness? And while I hold myself bound each other." to its strict observance, I purpose to hold I have thus, SMr. President, without any others: equally bound by it. Now, to vWihat pretension to originality, but from the study does this oath bind each and every member of principles as enunciated by the great of this body? It is unnecessary for me to men who have discussed these topics, endea- read it. I was a member of the last Legislavoled plainly to enforce upon your considera- ture, and discussed both the provisions of the tion the true theory of our Governmoent. House bill introduced by the gentleman from It has been my aim to vindicate the " pesti- Baltimore city, and the Senate bill. And I lent pretension of State rights" from assaults, must confess that while I regarded some of and to ihow that While properly understood the provisions'of the House bill unconstituand acted upon, they will save us from a con- tional, it was a bill which in my humble solidated government, they do not involve as judgment did moire credit to its author, inasa logical conclusion the assertion of the right much as it was fraink, plain and clear, than of secession, ending in anarchy. State rights the Senate bill, which was a kind of bringing do not logically lead to secession. Under a into hotch potch of the princi2les of the raditrue State rights theory of the government, cal emancipation party, intermixed with the secession is revolution. There is a real practical Constitutional scruples of the conservative difference between secession as revolution and emancipation party, in which the latter unsecession as defined by its friends and advo- der the cover of ambiguities yielded to the cates. In the latter case, the Government radicals practically all the Constitu.tional may be broken up at any time, at the will of scruples which they had not the manliness to a State, or a few States. In the former case maintain, and in Which the former secured it is never justifiable, except for causes which most they wanted, stripped of' its cleirsness Would render revolution justifiable on the and want of ambiguity-and clothed in that part of individuals, and would never be re- non-comlmittal, non-action form ire which it is sorted to, exc:pt for like'causes, by the States, the pleasure of some men in Maryland to-aim Will we preserve our form of Government? to appear before the people. Will we cling to time honored principles of The House bill contained the oath of alleliberty? Will we preserve our State pride giance to the Constitution and Government and our State rights, or shall we at the bid- of the United States, but there was no proding of men who seek to destroy our form vision in it which recognized any allegiance of Government as organized by and under to the State of' Maryland. To meet this very the Constitution- case-this apprehension that this Convention __ Strive would surrender the State, soul and body, into the embraces of the' consolidationists, Which shall propound most abject things and believe in thembraces of the o nsoidationists, base- n1who believe in the doctrine of paramount ase- nallegiance —I offered, when lhe bill was unAnd leave our consciences to snite us with allegiance-I offered, when the bill as un~the reproach?~ der consideration, an amendment which preh"Well all w o i thy of us, were it more scribed a forrn of oath-which while it did We lho, with y our us, prid ereand civil mor not go into the past-required allegiance to Who, with our riots, pride and civil hate the ( onstituiion and Government of the UniHave so provoked the justice of the gods; the onstituon and Gove lment of the UniWe that within these four score years were ted States, within the limits of the power We that n~ithiborn these four score years conferred by the Constitution. and allegiance born Free-Equal laws of the triumphed world to the State of Marmland. And knew no mlasters but affection;That oath, in the form of the amendment To which betraying first our liberties offered by me, was rejected in the House, but We once become the slaves to one man's lusts, nwas so far as allegiance to the United States We once become the slaves to one man's lusts, e Ad now to many. Eery ministering spy and the State of Icaryland was involved, enAnd now to many. Every ministering spy That will accuse and swear, is lord of you- grafte into the law assembling the ConvenOf; mne-of all our fortutnes-all our lives- tion. Not only so, but many of the members are members of the Legislatu'e, and hold other Our looks are call'd in question, and our - Z ~words,-~~ ~important offices. What oath have they ow innocent soever, are made crimess taken? See the Constitution of the State of How innocent soever, are made crimes. Ala] We shall not shortly dare to tell our dreams,., do swear (or'afirm, as the case Or th2ink,.but tw~ill be treason.'' may be) that I will support the Constitution But, Mr. President, there is another con- of the United States, and I will be fLithful sideration connected with our action upon and bear a true allegiance to the State of this article of the bill of rights, ~which has Maryland and support the Constitution and not yet been alluded to in t-he disctussion. laws thereof." We are sworn representatives of the people. How, I ask in the plain terms of these We have taken the oath in the sight of high oaths, can we vote to incorporate this article heaven prescribed by the Convention Bill. in our Constitution: without the commission 291 of a sacrilegious actand the violation of our and Pierce together, and then Fremont or sworn obligations? Abe Lincoln, or Buchanan, or Filltnore. If State Conventions conuld, by their action, Mlake it a comnmission of twenty-one if you add whatever powers they choose to those of choose. Then have upou it Alexander Stephens the Federal Government, you could thereby, and some of the best southe. n men-for the in a mode and manner not cointemplated by Government would never let Stephens submit the Constitution, change the whole structure his propositions-and I will guarantee that of out Government. The Constitution says these great men of the country will settle upon it shall only be amended in the mode pre- terms honorable to both sections. But as the scribed in the 5th article; and to surrender to gentleman would never consent to have me the General Government powers to which it placed upon the commission I do not know is not entitled, would be just as much revolu- that I should further give him my views. tion on our part, as the act of those States They might settle our difficulties by recogwhich are now waging a war against the nition. If so, it would be for the people to Government, except in this, that in the one say whether or not they would accept it. case they. revolutionize with arms in their They might do it by separating for a little hands, and in the otter we do it by clinging while,-providing for a separation for so long like babes, at the feet of those in power. a time as would enable both sides to soe how I might further weary your patience, Mr. they like it, and see whether they would not President, by going through and comparing want to unite again. They might do it by the Constitutions of other States, and show- admitting thiat the rights of slavery and the ing how no such provisions exist in the Con- rights of all the States are intact, and shall Stitultions of any of the States; and how, in be preserved; and that the Soutlhern States sbme of the States, Mlassachusetts for instance, shall come back with slavery established unwhen the proposition was offered to add to der the Constitution as firmly as ever. Or if the oath of the qualifications of office, alln the South chose to say, " they would give up amendment requiring that the words "and slavery," it would be for them to determine support the Constitution of theUnited States' " for themselves. should be included, it was voted down, and I do not know the exact mode; but if we in Massachusetts no State officer is sworn to start upon that plan, of an armistice, comsupport the Constitution of the United States, missioners, a' Convention, and some peaceful although the Constitution of the United mode to be submitted to the people of this States expressly requires it. But I forbear country, the Constitution will be preserved longer to trespass upon the indulgence of the as the palladium of the freedom of the white Convention. men of this country in some shape or form; Day after day, Mr. President, as we have and this war, which never would have comassembled here and commenced our labors, menced if the spirit of patriotism, comprothe minister of God has supplicated the Al- mise and conciliation had governed those who mighty to restore peace in our time. These held the destinies of the nation in their keepdays of terrible carnage, exhausting the re- ing, will come to an end. sources of.the land, and sending to their last To resume, after this digression into which and final rest the spirits of so many brave I have been led by the interrogatory promen, who have consecrated their lives to pounded to me, I say that this forgetfulness what they deem "a holy cause," cannot last of sound constitutional principles of governforever. meut, whch now prevails, cannot be forever I —stand here to-day, the embodiment of the tolerated. prayer of the preacher, a peace man on terms The American heart, if it throbs more arhonorable to all sections of the country. dently in favor of one dearly won principle Mr. SANDS. Will the gentlemen permit me than another, that principle is " conzsitailtiona to ask him what these terms are? freedom." A day of terrible reckoning will Mr. CLARKEf. When we have any mode of come for the politicians of Maryland who extending terms, then these terms, I humbly have thus preyed upon her vitals, surrendered conceive, will le discussed, and the gentleman the liberties of her people, and taken pleasure will have my views upon them; but while in assisting in the work of her degradation'. there is no power on our part to do any thing Her people will yet, in tones of thunder, cry in reference to offering terms, I regard' the out " Shame, shame, shame upon y'Ou. The question as premature. But I will say this, peaks of the Alleganics will begin the cry that I regard te firststep should be an armis- which will doonm you to political death-the tice; the next the appointment of commis- Blue Ridge, from her "misty shroud," will sinners, or the call of a Convention under the reverber te the same sentence, until, growing Constitution, in which all the States shall be louder and louder, crossing the waters of the represented. If commissioners are preferred, Chesapeake, the echo shall be lost amid the take three or four of the best men in the roar of ocean-the noise of the "great country: Franklin Pierce, for one; he is one roaring of the sea." Even n'ow, with of the best you can get. Put Chase on the oaths, and bayonets. and threats-even now, commission for another; for I will put Chase with yourjudges putting questions and solemn 292 oaths, which even Governor Bradford, while Thy path is plain and straight, that light is admitting they swere to be put, and should be given, put, could not refrain from intimating might Onward in faith and leave the rest to Heaven. be liable to constitutional objections, which must be waived by him as the Executive of Yes, mighty host of conservatives,'onward in faith and leave the rest to Heaven." the State in deference to the legislative con- in aith on princple through the rest to Heaven." struction of the constitutional questions in- Maintait on principle through the ballot box volved. your rights. Triumph must come. We Out of a voting population in the State of shall win. Unfurl upon your standard, "the 90,000, you could only count 30,000, and in Constitution," "the observance of the laws," Baltimore city, out of 30,000, you could only "allegiance to the Federal Government number 9, 000-altlhouogh many soldiers voted within the limits of the exercise of its Constitutional pow.ers," "State rights and allethere, and I understand, among other cases, and llethat one soldier voted who had never lived giance to the States within the line of their there, but said he voted because he was sent Constitutional powers."' Press on the column there to vote. Where is this silent mighty with these as watchwords, and an army with throng of: voters, 40,000 strong? They will banners, though it glitters in the sunshine of Tspeake courage, the Democrats," trample down the cause of human freedom was about to say; but I will not say it, be- and Constitutional government. become am- Mr. STIRLING moved that the Convention cause the term Democrats has take a recess until half-past four o'clock. bigious.rgBsa o Mr. SANDS, (in his seat.) That is so. AJr. BERRY, of Prince George's, moved to Mr. CLARKE. Just as the term republican amend, by substituting half-past seven o'clock. is ambiguous. Fremont men and republican is ambiguous. Fremont men and republican Mr. CusHING. The Blind Asylum have the men are now in session, and the gentleman hall this evening. himself must admit that although the other day he said he was for Old Abe, yet finally I gentlemen to allow the question now t6 be convicted him of opposing his administra- postponed, let it be until to-rorrow. I hold tion. I will not use the term, because with- up my hand against after-dinner sessions, at out a qualification it might embrace war any time, under any circumstances. I move democrats as well as peace democrats;. and that the Convention adjourn. the war democrats of the country I most hum- Mr. PURNELL. Will the gentleman withwr Pumorat of draw that notion for a ioment. bly conceive are worse than the republicans; draw that motion for a moment. because while admitting that violations of the ir. CHAMBERS withdrew the motion. Constitution are going on, admitting that the Mr. PURNELL. Personal considerations course of the Government will eventually compel me to asl of the Convention the overthrow liberty, yet they lend their aid to privilege of absenting myself for a few days t very parties whom they very violate the at my home. It is my misfortune to be at a Constitutitution,us confessedl yielding theus long distance fdom my home, and the total principles for plunder and for pay. absence of any communication down the bay But I will rather say, take courage, con- renders it necessary that I should make a cirservative men of the coulntry; stand by the cuit around it almost equal to that made by liberties of the people, and the preservation Christopher Columbus when he discovered of the Constitution and the rights of the America. As soon as I shall be able to do so, States, and under the Constitution of the I will return to my seat. United States, recognizing the fact that the Leave of absence was granted. laws passed in pursuance thereof are the su- On motion of Mr. PURNELL, preme law of the laud; press on in your no- The Convention adjourned. ble work. Not only in Maryland, but throughout the length and breadth of the TWENTY-FIFTH DAY. land, let us band ourselves together as patriots to maintain the rights of the people THURSDAY, June 2d, 1864. and the rights of the States. "' Be courageous, The Convention met. all ye conservative men, wherever you may Prayer by the Rev. Mr. Davenport. be, and under whatever flag you have fought. Present at the call of the roll the following Save the freedom of' the white people of this members: country. Save the Constitution. Save the Messrs. Goldsborough, President; Abbott, rights of the States. Long enough have we Annan, Audoun, Baker, Barron, Belt, Berry witnessed*the terrible events which are trans- of Baltimore county, Berry of Prince George's, piring. The heart is sick and weary of such Blackiston, Bond, Briscoe, Carter, Clarke, contemplations. Crawford, Cunningham, Cushing, Daniel, " Enough-it boots not on the past to dwell; Davis of Charles, Davis of Washington DenFair scenes of other years a long farewell nis, Duvall, Earle, Ecker, Edelep, Farrow, Rouse up, my soul, it boots not to repine; Gale, Galloway, Harwood, Hatch, Hebb, Rouse up for worthier feelings should bethine. Henkle, Hodson, Hoffman, Hollyday, Hop 293 kins, Hopper, Horsey, Jones of Cecil, Jones work. We have n'ot been sent here to listen of Somerset, Keefer, Kennard, King, Lans- toold and exploded theories and doctrines. dale, Larsh, Lee, Marbury, Markey, Mitchell, We have not been sent here to listen three Miller, Morgan, Mullikin, Murray, Negley, hours to such a speech as we had yesterday, Nyman, Parker, Parran, Pugh, Robine-te, although I say it with perfect respect for the Russell, Sands, Schley- Schlosser, Scott, member who delivered it. But, sir, some of Smith of Carroll, Smith of Worcester, Sneary, us remember hearing. that same doctrine deStirling, Stockbridge, Swope, Sykes, Thomas, livered by his predecessor, John C. Calhoun Thruston, Todd, Turner, Valliant, Wickard, on the floor of Congress. Wilmer, Wooden-78. Mr. BERRy, of' Prince George's. I suggest The proceedings of yesterday were read to the gentleman, that my colleague (Mr: and approved. Clarke) is not in his seat, and that any referOn motion of Mr. BILLINGSLEY, etnce to his speech in his absence is out of It was ordered to be entered on the Journal order. that the continued absence of' John F. Dent, Mr. ABBOTT. I did not intend any dismember elect from St. MIary's county, has courtesy at all to him. I merely spoke of been caused by the illness of his family and the propriety of members of this Convention other domestic causes. sitting here and listening hour after hour to Mr. SCHLEY asked and obtained permission those exploded doctrines, when the people to absent himself from the sessions of the have sent us here for the purpose of' writing Convention for a few days, having been sum- for them a Constitution that shall put those moned by the military authorities to attend doctrines forever in the shade. I think that a tribunal elsewhere. every member here ctin say all that is necesLIMITATION OF SPEECHES. sary to say on any subject in thirty minutes. Mr. Scott submitted the following order: That is as long a time as I feel willing to sit Ordered, That the members of the Con- here and listen, particularly to old and exvention be limited to speeches of' one hour in ploded doctrines. duration. Mr. MARBuaR. I hope the gentleman will Mr. SCOTT. I am rather reluctant to offer not insist upon that amendment. I think it that order; but however edifying and grati- will be doing great injustice to many memfying it may be for me to listen to speeches bers of this Convention, after we have started of greater length, I beg gentlemen to remem- the discussion of this question and allowed ber that there are ninetyrsix members of this some members any length of' time that they body who have a right to speak. I do not chose, to then cut off debate so far as other know that 1 should occupy more than an hour members are concerned. I have no personal or so much as an hour, myself; but if I should interest in this matter. I do not know that feel like putting in ray hour, I. shall claim an I shall speak on the suibject at all; certainly equal right with others; and at that rate, it not over the time that the gentleman would would take a month to consider this section. prescribe. There may be sonme members here I hope the order will be passed. who have fully and elaborately prepared Mr. ABBorT moved to amend by substitut- themselves upon this subject, and I think ing the following: they ought to have full opportunity to exOrdered, That no member be allowed more press their own views and the views of their than thirty minutes to speak on any one sub- constituents. ject; and those desiring to speak must al- I disagree with the gentleman from Baltiternate. more city (Mr. Abbott) that we came here The PRESIDnENT. The gentleman cannot of- merely to put down old doctrines and start fer his order in that shape. It covers the anew. I think there isa great deal in the entire matter of the original order; and he past that is very good, sound, wholesome docmust leave part of it, in order that his mo- trine; and our constituents want us to retion shall be to amend it. There is no such iterate those doctrines here for all time. I thing known in parliamentary law as a sub- hope the gentlemen will not press the subject stitute. now at any rate. Alter the subject now beMr. ABBOTT moved to amend by substitut- fore the Convention is disposed of, they may ing "thirty minutes' for'"an hour," and adopt some rule restricting debate with a adding " and of' those desiring to speak, the great deal more propriety. majority and minority must alternate." Mr. BERRY, of Prince George's. After the Mr. ABBOTT said: In offering this, and ask- debate shall have concluded on this article ing that it be passed, I intend no discourtesy of the Declaration of Rights, I shall have no to any member of this Convention; but on objection at all to voting for the proposition the contrary I desire to show the utmost of the gentleman from Cecil (Mr. Scott.) I courtesy and lenity to every member here have no doubt that very few of us will occupy whoshall address the House in a gentlemanly, over an hour on any proposition which may and kind manner, as has been done in every be before the Convention for their considerainstance thus far. But we have been sent tion. But now that we have commenced it here by the people to accomplish a certain without abridging the right of gentlemen to 294 speak, I think we ought to extend the same of Calhoun, whether that -be so or not, the courtesy to every member of the Convention incorporation of this article is a new thing, which was extended to my colleague ycster- heretofore unknown, now for the first time day. proposed. If the gentleman from Baltimore As to what fell from the gentleman from city (Mr. Abbott) wishes for buthalf an hour, Baltimore city (Mr. Atbott) in advocating his he gets all he asks.; and he ought to examendment., I say th:at these are the most im- tend to each other gentleman the same all portent points that will be before the Conven.- that he asks. I go for free press, free speech, tion for its conside ation during its session. and liberty. I belie:e that lhe Convention of 1850 o(cu- Mr. CLARKE. I am for the:first time inpied six or eight weeks, and perhaps longer, formed since coming into this Hall, that I in consitlring the Declaration of Rights. was accused by the gentleman from BaltiThe g(ntleman fborges that timte was mniae more city (Mr. Abbott) wi.h having enunfor slaves and not for freemen, particularly in ciated yesterday the doctrines of Calhoun. the consileterti:,n of' the organic law of the The PRESIDENT. He has disclaimed any reState, and these vital principles which fifect flection. the interest of eve ry citizen; we have no right Mr. ABBOTT. And I did not say that he to abridge the representatives of the people had " enunciated them." here upon this floot, from discissing the qtles- Mr. CLARKE. I thouaht he said I had antions which may so vitally affect their inter- nounc(d the doctrines of.Calhoun, and I wish ests. I elm here to discharge my duty as a to explain. I expressly stated in my argumember of this Convention; and I desire to ment the principles I advocated; a-id if they do it wih eq,,al couitesy'towardsevery merr- were not clearly enough expressed for the bet, of the (Convention. I will go as far as gentleman to understand, they will be in the fartl-hest in protecting every man in his print. In the remaiks I offered yesterday, I rights and in the honest discharge of his duty made no reference to and read no quotation as a ti,(mber of' this body. I hope neitlher from John C. Calhoun. On the contrary, I the original order nor the amendment will be quoted from thie Debates in the Convention, adoptell by tihe Convention. I hae no doubt trom the Federalist, fiom the decisions of the that there are not three members oti this floor Supreme:Court, and from Vattel. When in who will occupy over an hour in discussing the course of my argument I reached the this sublject; but I do not think we ought to point twhere Jackson and Calhoun divided, be ahl idgfed, partictilarly in the consideration where one claimed the right of secession as a of the rticle now before the Convention. constitutional right, and when I reached the Mrl. I)ENNIS. I have the less hesitation in point where Mr. Hayne and Webster departed opposiilg this order, because I feel very sure Irom each no!her in reference to the right of that I u ill not come under the operation of secession, WV cEaster claiming it to be a revoluit. At the Fame time I am free to say that tionary right, I quoted from Juckson and those gentlenmen who wish to speak al t length Webster, and followed it up by a quotation on this question or ally other question, so far from Mr. Lincoln, and I went into an elaboas it is a reasonable time, should be allowed rate argulment in review of the propositions that prlivilege. The gentleman frolm Balti- advanc(td by John C. Calhoun} more ouh lht to remember that most of' us here Mr. SANDS. I submit to the Chair that the are but ordinary mortals. We are but flesh gentleman is not in order. and bl(,od. We are not like the gentleman Mr. CLARKE. I have made my explanation. from Italtimore, who springs like Minerva Mr. SANDS. I wish to state my point of from the head of Jove, full armed and eqiip- order. I think I have a right to do that. ped at all points, at once into existence. We The PRESIDENT. The gentleman will recome here but as men. I had supposed we duce it to writing. were here seeking the old principles of Gov- Mr. SANDS (after complying). Although I ernment; that we were trying to get at the was not aware of:tny parliamentary law or foun(!ations upon which the Government rests, rule of order adopted by the Convention to retrace the old beaten paths and go back requiring it, I have reduced the point of order to the original lights, not as the gentleman to writing, and it is this: says the "old exploded doctrines,' but the " The point of order raised is that the gentrue, original basis of the Constitution. tleman can at.this time only rise to a personal I affirm that this article now pending explanation, and as the gentleman from Balis unknown in the history of this land. I timore expressly disclaimed any personal dare say that it is now for the first time in discourtesy to the gentleman from Prince the history of this nation, either Ntational or George's, the matter is at an end. The genState, proposed to incorporate into a bill of tleman:has no right at this time to explain rights the doctrine of allecgiance to theiGen- the mere argument of yesterday." eral Government. Ttisanew doctrine. Itis Mr. CLARKE. I did not rise for the purnot "'exploded." Although the gentleman pose of replying to any personal reflection; has charged upon the gentleman from Prince but I understood the gentleman from BaltiGeorge's (Mr. Clarke) the exploded doctrines more city to have made an assertion of fact, 295 and it was to correct.the false-impression that so elaborately discussed yesterday, and I diswould grow out of that assertion of a fact claimed at the time any iltentlion of diswhich was not a fact, that I rose to make a courtesy to the gentlerman from Prince personal explan.ation. I did not suppose the George's. gentleman hLd any intention to misrepresent The PREsIDUNT. That was all I supposed me, or to make any assertion which he.did the gentleman from Prince George's to denot regard as perfectly true. I only desired sire. to put myself right with reference to the Iact. Mr. ABBOTT. I thought I was perfectly Mr.'SANDS repeated his l!oint oforder, and understoud; and wshea the gentleman's colasked the decision of the Chair. league suggested that he was not in his seat, The PREsIDENT. The Chair has frequently I said I intended no discourtesy to him; but called the att(ntion of the Convention to the this was a matter I thought it necessary to necessity on the part of gentlemen of abstain- urge in this body, and I think so still. ing from any person-l allusions to each other. The PRESIDo NV. Gentlemren have a perfect It is in contravention of the rule adopted. right to charac:terize the opinions of each by the Convention. The Chair was upon other just as they miay desire. They may the point cf interrupting the gentlem;an consider them absurd, exploded, or append from Baltimore city (Mr. Abbott) at the I to them any adjective they see fit to use, protime he referred to the remarks of the yen- vided it does not reflect on this body as a coltleman from Prince George's (Mr. Clarke). lective body, or on individual memberls. The But the gentlemian from Bltimnore city hav- Chair considers the honor of' each individual ing charactetizd the remarks of the gen- member as entrusted to a certain extent to tleman from Prince George's, it would now his guardianship. Still members have the be improper to restrains the gentleman frior reserved right to protect themselves, indepenPrince George's from ascertaining from the dent of' the opinion of the Chair. gentleman from Baltimore city what his mo- Mr. ABBOTT. I shall very cheerfuliy subtives were in so doing. The (hair stated that mit at all times to the dictation of the Chair, the gentleman froom Baltimore city disclaimed and will be much obliged to the Chair, if I any personal imputation of motives; but still. transgress the rules of order, to call me to he had the right to inquire for himself. With order. that view the Chair permitted the gentleman Mr. SANDS. I do not wish to appeal, but I from Prince George's to proceed. The ques- should like an opportunity to explain myself. tion came up, it xwill be remembered, on a mo- The PRESIDENT. The gentleman has a right tion to restrict debate; and upon that the to exiplain himself. gentleman from Baltimore city indulged in Mr. SANDs. The Chair seems to have enthose remarks, and it would be improper for tirely misunderstood the point that I raised. the Chair to restrain the gentleman:from In the last remarks of the Chair, he has taken Prince George's from removing any impres- precisely the ground which I intended my sion uinjustly produced by them. The Chair point of order to cover, that gentlemen have overrules the point of order, as not being a perfect right to chlracterize, the remarks of well taken. other gentlemen as they please, provided they Mr. SANns. Will the Chair permit me one disclaim any personal reflection. Aly point moment? was that the gentleman from Baltimore city The PRESIDENT. The gentleman hasa right disclaimed any personal reflection, and that to explain, and to discuss the point of order, the remarks of the gentleman from Prince if the gentleman appeals from the decision of George's were liable to be criticised. the Chair. One half tbe difficulty that has The PRESIDENT. The gentleman gives to arisen in this Convention, the Chair will take the President a right which the President utoccasion to remark, has arisen from the con- terly disclailned. The President has no exclustant interruptions by gentlemen interposing. sive right to judge of the character of reIf gentlemen will restrain their passions, and marks. The President, for the purpose of feelings.sand listen, the Chair will not permit satisfying the gentlemann from Prince George's, any gentlemen here to reflect upon the mo- announced the fa(t that the gentleman from tives of any other gentleman. He considers Baltimore city di-sclaimred personal reflection. himself bound, as the organ of the Conven- But the gentleman. from Prince George's had tion, to restrain gentlemen, without regard the reserved right.to inquire for himself. to party, if they shall attempt to do so. The Mr. SANDS. i\Iy point vwas ethat the gentlepractice of interrupting members in debate man had the right to inquire for himself, but is very improper, and occasions nearly all the only to inquirerespecting personal allusions. difficulty in legislative bodies. Mr. B1rEMa, of Baltimore county. I amopMr. ABBOTT. I desire simply to say that posed to the order of the gettleman from the remarks I made were only in advocacy of Cecil (MItr. Scott), and also to the amendment the amendment I had offered to the order of' of the gentleman from Baltimore city (Mr. the gentlemen. from Cecil county (Mr. Abbott). It is a restriction upon the debate, Scott). It became necessary for me to make and I al: oipposed to it, because within four some allusion to the subject which had been sections of that which is now being consid 296 ered, I read " that freedom of speech and de- too. But I want to know whether our physi*bate or preceediugs in the Legislature ought cal ability will hold out. A man may have not to be impeached in any court of judica- boundless intellectual ability, and yet his ture." I cannot understand why my friend physical ability may fail. It is because we from Cecil, after the elaborate speech of the are mortals, with limited physical ability, gentleman from Prince George's (Mr. Clarke) and because I want, and I suppose the rest of yesterday, on questions of such vital import- us do, to survive these labors and get home, ance and moment to us, should attempt to that I offered the order. abridge those who may follow in his argu- Mr. DENNls. As to thephysical ability ofthe ment, and give to him a greater privilege gentleman hecan judge of that for himself. He than that which is allowed to us. If it takes may have felt hungry, or he may have felt a month for us to answer that, let us do it, thirsty. I do not know his motives. Of and do it well. If we have not the mental course the gentleman will not understand me ability in this Convention to answer such ar- as meaning anything offensive to him. As to guments, if they were arguments, as were his physical abilities or disabilities he is the adduccd yesterday, letus thenputour fingers best judge of them himself. But as to on our mouths and move to restrict debate mental abilities, I will say in reply to the because we are afraid to meet them. I have gentleman from Baltimore county (Mr. Berry) no fear about the ability of the Convention that if he staggers under the blow of yesternot only to meet, but utterly annihilate, the day, it is only a skirmish. It is but the bedoctrines which were yesterday espoused upon ginning of the battle. If he staggers under this floor. Some of us may not perhaps be that, let him remember the captain of the old able to come directly to points, and will have ship in action. When every mast was shot to work our way there. It may be sixty away, and the sails were trailing over the minutes perhaps before some of us can get sides, he was called upon to surrender, but there. But I trust when we do get there it replied, " We have only begun the fight."'' will be with such a broadside as will sweep Mr. SCOTT. I think my motives have been it out of the hearing of this Convention or misconceived. It was not out of regard to the people of Maryland. I want, under this members of this body who have been so favvery section which. we have adopted, the orably situated as to be listeners, that I ofgreatest latitude given to debate, as to time fered the order, but out of a humane regard and gentlemanly expression, upon the floor to those gentlemen who are obliged for three of this Convention. I shall, therefore, cer- hours in succession to entertain this body. tainly vote against both the amendment and Mr. CLARKE. I assure the gentleman that the order. I have riot suffered at all. Mr. SCOTT. I had no idea when I intro- Mr. NEGLEY. I am in favor of the amendduced this order that it would lead to so ment of the order; and if that cannot be much debatejor I should certainly not have added, I am in favor of the order as offered. offered it. But since it is before us, and we It has been said that this is an invasion of the must dispose of it the best way we can, and liberty of speech. Does liberty mean unas I was the author of the order, perhaps it bridled license? The Chair has announced is due to me and the Convention that I should tbis morning that no man is allowed to insay something in explanation of it. And dulge in personal reflection. Our liberty of first, in respect to the gentleman from Som- speech is always to be controlled and exererset (Mr. Dennis), who begged the Conven- cised in such a way as not to interfere with a tion to consider that we were composed of like liberty on the part of our neighbors. This mortals. It was in consideration of that fact is no abridgement of the liberty of speech. that I introduced the order; the fact that we It is a limitation upon the time, and not upon are mortals, and that mortal endurance has a the freedom of speaking. limit. If ninety-six men have to speak What will be the result if the order is not without limit, where is the endurance that adopted? A few gentlemen will rise and can sustain it? speak ad libitum, and their harangues will go The gentleman from Baltimore county (Mr. on the record. The physical endurance of Berry) is for freedom of speech, and refers to the Convention will become so worn out and the article of the bill of rights that the lib- exhausted, that some one will rise and move erty of speech shall not be abridged. Then are the previous question, and all debate will be we to speak eternally; every man as long as stopped. All the discussion come suddenly he pleases? Is that'the construction? I am to a premature close. It is for the purpose of glad to find in that gentleman a champion- fair play, to give an equal chance to both sides, that can annihilate at a blow all the argu- that I desire the adoption of this rule, or some ments offered yesterday. But it' the gentle- similar rule. I am in favor of the amendment, man can annihilate them at all, he can do it because it gives equality of liberty to both in an hour. If he is an hour in geting to it, sides. It ought not to be objected by the he will never get to it. He takes a great deal of minority that we should not curtail their credit to himself and his friends' mental abil- right of debating the question, because one ity to meet the opposition. T am glad of that of their members has already had the privi 297 ]ege of speaking three hours. They oui-ht side and then they shall listen to one on ours. to takle it as a grace, and not as a subject of Blereto'bre the argument has been all upon that complaint. It will go upon the record that side. They have absolutely taken up the time they have allowed the minority a three hours of the Convention, and the majority have not speech, and curtailed their own members to been heard. They have spoken until the thirty minutes. If thereis rany cotiplaint to physical endurance of the gentleman from be made, it ought to come from the majority. Cecil has been exhausted, in one continuous The rule'is offered for the purpose of get- str.ain, while the moulths of' the majority have ting along with tlhe business, to enable us to been hermetically sealed. get through with it. It has been said the Mr1. CLARKE. I begged the gentleman from thing is unheard of. Have they not the hour Baltimore city (Mr. Stirling) to tatke the floor, rule in Congress? Is that an abt idgement ol and I did not go on until he had refused four the freedom of speech? I think the early or five times. history of the proci edings of the Continental Mr. NiELEY. Perhaps a three hour speech Congress will show that a fifteen minute rule from our side would have been as rambling. was used there. What is the effect of such a The way to reniedy the difficulty and obtain rule? It is to compel members to condense concentration is to adopt this ord,,r. their thoughts. It is t.o prevent thisskirmnish- IMr. SCOeaT. The physical endurance of the ing to which the gentleman firom Somerset gentleman from Cecil has not yet been ex(MAr. Dennis) refers. I ant opposed to b'eing hanisted. I was ead(avoring to gtard against eternally engaged in skirmislling. If the the exhaustion of the physical endurance of war that is now being waged was waned in the speakers. continual ikir.nishcs, there never would be a tIr. NEGLEY. I am glad to hear that my decisive bhitleI. Let blows come thick and f'riend has such a powerful physical constituheavy, and let thinm be confined to thirty tion. I must confess I am afraid I shall (rive minutes. Let the gist of the argument be way Tander it, and some others may. But by given, and it can be brought hefore us in th it the adoption of this rule, we may certainly time. The trentl-enan fronfi Blltimore county be heard tll around. I think that anuther of {Mr. Berry) says it is impossible for somre of our rules ouglht to be enforced, that no memus to get to a subject in sixty minutes. I ber shall sipeal< twice on any subject until all tell him as the gentlem:tn from Ctecil (Mir, those that'have not spokeunshall hllve been Scott) did, that if he canntot reach it in sixty heat d. I thintk that is fair. I am perfectly mitnutes, lie will nerer reachl it at all, but willing there should be fair play, and that will watidr around i-n contionual darkiesse, what is sauce for the goose should be sauce and end where he began. Let gentlemen C'or the gander. 1 arn entirely opposed to collect fheir Ihouht tv and condense thern. their taking tp all the time with ther speeches, Let them think over whIh:t they ltave to stay, tnot givin,_- us an equal chan(e. If this rule and thley ca.n say it in thlrty minutes upon is tdopted, it trill give uts an equal ptrivilege, any sutj,-c't. They ca.tn give a' fair and dis- andl therefoe I am in favor of it. tinct ouitline. They canl give reasons for the Mr. AgROTT. At the suggestion of my faith that is in them.. fiiends, 1 will modiiy my amendment by I amll utterly opposed to cumbering the striking out the restriction to twenty minrecords of this Conrvention with these inter-~ utes, atS d leave me ely the aiternation. mainable speechles; for they l ill be volumes Mlr. STItrLNG. We have a rUlte of the Conso ponlderous that our postcrity will never v-ention, tlder which it is the ditty of the read them. It is bar( lv pIossible that gentle- Chair to decide A ho shall ha;'e the floor. men may ha-ve an eye lo posterity in itiaking'I he PRESIDENT. When a ge-it:en;-in takes the-e tong speeches. They may wish to put the!oor, tlle Chair p esumes th,it tCle Hlouse them!selves on the record, so that succeeding I acquiesces in his speaking, unless there is obger erai'ons may letirn whtat reuditi n tliey je-:t;oi o0tered.'l-ac, and how profoundly they und(-rstood Mlr AteorTT withdrew his amendment. the subject. 01 courlse, itnformation is always Mr. NecGllY. Then I will mitove to amend useful. 13But then we have te e original books the ordler by adding the words,'" nl that to hich the spetkers refer, anrd vwe can hunt the speRcet,_ of the majority and minority then) up for ourselves. It is not necessatry alternate." etelnally to repeat the saine arguments here, The PlREs:aoc'S That is the parliamentary We,an get tlhem in our reliorts; we can oet rule now. them in the Federalist; we can get them in IMr, BELT. The parcelling of the floor bltreatises on democrnlcy or on the science of tween the majority and minority I think govprnicenr. Those argLments need not be would betler be arlanged ity a cotinnon unconlinually reproduced here. We want fir derstanding. It is proper thlt th re should play. Therefboe I am in favor of the atlendl- be an alternate discussi, n, for mniny reasons. ment to confine tlhe speakers to thirty min- Lot it be unile stood that after a gentleman utes t nd thit the speakers of the majority from one side is through, the Chair shall and the minoritv sh hll alternate. That gives twsard thie floor to some one on the opposite us fair pliy. We shall listen to one on that side. That is the saf,,st and beAt mode of ar2vi ;298 riving at it. I should have been in favor at member ample time. I do not feel able to the beginning of this discussion of the adop- listen to long speeches. Certainly eight or tion of the hour rule. Upon any subject ten hours is a good deal to give to this subject, likely to arise in this Convention, if proper or to any other subject, unle.s we intend to notice is given of the limitation, I think an stay until next fall. hour is enough. Ordinarily speaking, that Mrr. ScoTT. Suppose there are five or six notice being given, no gentleman will desire more on one side than on the other. Mu t we to occupy over an hour. The adoption of makemen speskononesile who havenothing the rule will lead to condensation, and will to say or shut the mouths of the other side? greatly relieve speakers in the Convention. Mr. NEGLEY. Certainly not. When one But I do not think it is right now, the rule side is exhausted the other will go on. not having been made before the debate was Mr. STOCaCmRIDGE. Gentlemen will see at opened, to apply a new rule to this:particu- once that this is impracticable, I am sure. lar subject. It is not fair to gentlemen upon There may be meembers who generally agree the -otlher side; nor is it fair to those upon with what is called the majority, but who on our side; because it does not follow, and is particular measures i iy not aree with them. not true in fact, that on all the intricate There may be somneof us who do not agreea points so eloquently raised and discussed by with either the majority or the minority. my colleague,, yesterday, that he has the con- My venerable frie' d from Kent (Mr. Chaincurrence of all on out' side. A great many bers) belongs to no party; as he has assured of those points, the most interesting and im- the Convention. Undler this rule, we should portant of them are abstractions, theoretical, be debarred entirely from the privilege of lisinvolving opinions upon the philosophy of teting to him at all, which I should very politics and statemanship. upon which, with- much regret. Then there are a great many out any difference in the conclusion arrived different parties. There are fihve orsix Demat, there may be a diference which gentle- ocracies, counting the new one, the' Radical men, irrespective of their political position Democracy," and it' we are to attempt to almay desire to explain. After some gentle- ternate throug'h all the parties, we may find man upon the majority has been heard, I ourselves in confiision. I hope the amendshall be as ready as at ainy time to proceed ment will not be pressed to a vote. and state my own views upon these ques- Mr. CHAqMBERS. The diffi.ulty in consetions; anld I think I shall give them within quence of the peculiar position of the gentlean hour. I will endeavor to do so. But man from Kent mnay be obviated in one of then I do not want upon th s particular tw-o ways: either a committee may be apquestion to be necessarily restricted to an pointed to designate the name,s of those.behour. I should wish some latitude if I should longing to the majbority aid the minority;. or desire to go a few minutes over. perhaps the Convention will oblig'e me by adIdMr STIRLING. I entirely agree with the ing a proviso that the rule shall not apply gentleman from Prince George's (Mr. Belt,) to thed-legate from Kent. I should not be with regard to the propriety of the one hour likely to addlress the Convention beyond an rule; but I really cannot appreciate the ob- hour on any question. I will submit, as I jection to it in this case. So far as notice is am bound to tubmit, to whatever the majorconcerned, we shall-all have the notice, if ity of this House, composed of whatever mathis order is adopted. Nobody has spoken terials it may be, shall ordain. I can only but the gentleman from Prince George's (Mr. sav that I protest, in the name of that liberty Clarke.) The adoption of the role therefore which I think the rpresentatives of the peoapplies equally to all members and to both Mle of the State are entitled to demand, to sides of the House. If anyboly has any ad- have their wishes through their delegates exvantage, itis the gentlemen who are friendly pressed, just so- lonrg is those delegates may to the views already very elaborately and thinr it niecessary, against any effort to siipfully argued on yesterday, for they will be press debate by any rule or order, or in any saved the ttrouble of goingf over a great deal other mode, and thus to stop the mouths of of this ground. It may be an advantage to those who I think are entitled to be heard. us all not to have adopted the rule, until after It is not the province of every man to condense. the information contained in that speech had You must send for some oprltor, or some been given to the Convention. L therefore steam apparatus as suggestedd by the gentledo not see any difficulty as to the time of the man from Howard the other d.ly, to condense adoption of this order. I was opposed to the the ideas of some gentlemen. Some have the amendment limiting thetimeto thiity minutes, happy talent of the gentlemen from Cecil and thinking that too short atime, although I do Baltimore City, of condensation. Others are not expect to wish or exceed that myself. I rinot possessed of that faculty. Providence think an hour is enough for any member, ia has not given them that power. I do not any legis!ative or representative body, upon think they or their constituents should suffer any subject upon which there will be a long for this affliction which is certainly not withde.!ate. I earnestly hope the Convention will in their control. adopt the regulation. It Will afford each Mr. SANDS. I would only suggest to the 29:9 gentleman from Kent that our constituents thing like that. But I will venture to say, may have some interest in this matter of long going over the dcbat(s fronm the t me we care or short debale. All their material inrteiest here down to the present tinie, that it has is on the side of short debate; because we may i cost more to report Ihe remarks of the genharesleeches that. ill cost $700. or $800and tlernlin fiom Howard than mystlf, or any our corstituents mist pay for them. A three othtr n ember of this body. hour speech ciosts the round sum of $860, and i r. SANS. I should like to have that calI "ill guaranty that not one of the 800 peo- I culation mniede. ple I reprtseat will even read such a speech. Mr. NEGLEY. If the gentleman from BalIf we wee engaged upon v, ry ahstruse sub- timtore cily (Mr. Sto(kbiidgc) do s lnot know jects, andi they did not mind the labor impost d to Ns hich pa ty he belongs, I think he is in a upon them to get at the thing contained vety awkward predlcameut, anl I think his in the speech they might do so; but big conistituents will be ve-ry apt to calt him to practical common sHnse people, and wanting account. I have yet to learn that there is their representatlives to do " hat they have to any ambiguity in the mitid of any man as to do in the. shol test practical timre, I think they what party he belongs to, Is to the two domwill prefer horie speeches. Itfsome rule can inatnt pnarties. There are two caucuses here. be suggested by which each county shall pay The gerntlemnan from Kent (Mlr. Cltambers) for the speeches of its own members, the camnie here and told us he I.e:o:gted to no qlestion of lphysical endulance being out of pat ty; and the very next day cr to o I saw the way, I should not caie so mntuch. him Iheading a ('olumn enltring itnto the SenMr. CHAMBERIs. As to lhe enormous ex- ate Chttmber, I belieceon a c;.ucus. I think pense, in order to reduce it as muc'h as possi- the gentletan Irom Baltilmore c~ty was among ble, I will contract with the gentlenman from the first to come into thiis ltal to attend Iloward that he and I shall each forbear to another caucus. I do tot tiink there are write out one word of our remarks. Thie atny gentlemen in this H-louse who do not bereporter understandls condensing. That is I long either to the majority or to the minority. his trade. lf gentlemen wiil forbea.r to write I I thnk tlhe status of every man here is fully out additional notes, it will not cost $800 fLr fixed in his own mind, aind in the mind of a speech. every other nimeber. Mr. SANDS. I have he:rrd of a gentle- I tlhtlk it is perlectly fair and legitimate man who went to a debating society and de- that the speeches should have arl end, and clared lie came trlere perlfectly unprepared to that m henever a speech fi-oin the minority is say anything upon the momntntous lopic un- de ive:ed, one of the majority should follow, der considerration, and then pull d out of Iiis until tire majority are exhausted, and then pncket thirty or fifty sheets,f'mrinuscript. If the minority will go on jlust as long as the that example is to be followed here, it will majority cirooses to let ttsem. I htve no idea not be by me; for I never did write out but that ttre m tjority ought to be put at the lrercy one speech. Thait was a speech before a de- of the amnoiity, becrause they are more exbating sbciety upon the questioni uhe her pert dtbaters, or hive more confidence in the British were justified in imprisoning thelriselves, or thappen to catch the eye of the Ndpoleon Bonaparte at St. Helena. That presiding officer 1irore fieqlueltly,, so as to was thirty odd pages long; and I delivered give tltem five or six speeches btfore we have it to a very large and respectable audience, had one opportunity on this side of the composed of five boys and myse f. I thought Hotuse to alke even one. it was glory to get into the prints in a short Mr. Puc(;H. Mr. President. time, tlat a new Demnosthenes was born on Mr. MILLER. I rise to a question of order, the`7th of April 1829; but the world lIas whether ill parliamentary law tlis Convennot tobund it out up to this time. I never liin knows anything about the mijority or wrote out a speech again. So i am reacty to mino itv. agree to the coniract proposed by the gent e- Mr. PUGH. I rose to take the same view, man from Kent (Mr. Chamber s.) At thie samne time I wil. hed to ask the gentleMr. CLARKE. As I had the honor of mak- man frotn Washington (Mlr. Negley) whlether, ing the rerrmarks referred to, as a sliee:h of if it sliould haipi.en to be the rine of one of three hours, I wish to say that the length of tIle minority to speak, and no one should be time taken uip yesterday was to a great ex- prepared to sprrak, the reAt of tile mljority tent owing to interruptions ard questons linput who hid not spoken would be deprived of by gentlemren upon subjects brought up, nut the opportunity. emnbraced wihin the views I had prepared. Mr. NEGLEY. Certainly not. If I had followed siirply the tenartks as writ- Alr. IIEBa raised the question of order, that ten out, I could have got through, I amsure, the amnendment was prarctically an auendin one halt' the time. As to the rma ks ot Imient of Rule 27, and hieIce a proposition the gentletman from Howard (Mr. Sands) which must lie over one day. xith reference to that sh:eech costing $7 or Mr ABBOTT stated that lie had withdrawn $8, I think the gentietman must be widely his own amendment, because he had been inqmistaken. I had no idea that they cost any formed that it was unparliarnentary. 300 Mr. NEGLFY. I -will withdraw the amend- I The PRESIDENT ruled that the motion was ment, and offerl it in some other shape, if this i out of order, the Convention having already injustice shall be perpetrated upon the mojo- decided one of the questions embraced therein,. rity. M r. THoMAxs. That was a proposition to Mr. BER.IY, of Prince George's, demanded accept the invitation of the City Council of the yeas and nays on the order submitted by Baltimore. This is an entirely different AIr. Scott, and they were ordered. order. The qulestion being taken, the result was- The PRESIDENT. In the opinion of the yeas 46(, na;ys 36, as follows: Chair it is substantially thle same proposiYeas.-M-essrs, Abbott, Annan, Audoun, tion, being a proposition for the removal of Baker, Barron, Carter, Cunningham, Crish- the body. ing, Daniel. Davis of Washington, Earle, Mr. YVLLIANT. I shall be obliged, very reEcker, Galloway, Hatch, Bebb, Hoffman, spectfully, to appeal flom the decision of the Hopkins, Hopper, Jones of Cecil, Keefer, Chair. Kennard, Larsh, Mlarkey, Mullikin, Murray, Mr. DANIEL. I will suggest that if the apNegley, Nyman, Puth, Robinette, Russell, peal is withdrawn, we can get at this by reSands, Schley, Schlosser, Scott, Smrith of consideration. Carroll, Sneary, Stirling, Stockbridge, Swope, MIr. Vr.LIANT. I have no objection to that, Sykes, Thotmas, Thruston, Todd, Valliant, excepting that the question decided by the Wickard, Woo)den-46. Convention before was upon the acceptanceNays-A- essrs. Goldsborough, President; of the Baltimore Ci.y Council. That invitaBelt, Berry of Baltiinore County, Berry of tion, I amt now imuformed, is still extended to Prince (:eorge's, Billin2rsley, Blacktston, 1s; and I will withdraw my appeal and Bond, Briscoe, Brown, Chambers, Clarke, r move to reconsider the vote on page 19 of the Crawlford, Davis of Charles, De- nis, Dulvall, Jourtlal. Dnuvll, Edelen, Farrow, Gile, Harwood, I-en- The PRESIDENT. Did the gentlemen vote kle, Hodson, Holldlday, Horsey, Jones of vwith the majority? Sornerset, King, Lansdale, Lee, MAarbury, r. VALLIANr. I did not. I withdraw Mlitchell, ATiller, Morgan, Parker, Parrn, I the moction to recorsider. Slbsequently, Smith of WorcestCer Turnec, Wilimer-36. Mr. VALLIANT again offered the above Pending the call of the roll, as their nnmes order. were called, the following members explained The PRESIDENT. The Chair determine, their votes that is substantlially the sanie proposition, Mr. AUDOUN. I am induced to vote for the and for the reasons assigned before, rules it proposition of the gentleman fromt Cecil for out of order. this reason. Looking at the Journal of the AMr. VAL,LIANT. I appel from that decision. last Convention, page 439, 1 see that there Mr. CLARItE. I raise this question: the was an order offered by the gentleman from propositions hatving liefore been suh-mitted, Somerset (Mir. Dennis) in these words: and overruled upon the sarne ground, no ap" Ordered, Th-t no member of this Con- peal being then taken, is it in order for the ventiont be allowed to speale more thatn thirty gentleman again to subinit tlhe s tme proposiminutes u pon the qlucstion of representation." tion and appea;l? I take it ihat thle rule is Alr. DE.NNIS, in reply, askld permission to tllis: The gentleman offers a prollocition., explain but was ruledl out of' order. The Chair rules upon it. Then the gentleMr. BAnRRON. I should hlave voted for man mlust make his appeal. If any other the half hiour rule, but as there are nmany beusiness intervenes he cannot tak th le apspeakers here, I shall vote aye. peal. IHe canniot offer the same proposition Mr. DENNIS. When my fr'iend from Balti- again, and then npp.al. more city (lMr. Audoun) reid the paragrapl)h Mr. TiiorAs. Thlis is not the same propofront the forrmer Journal, I was tnitder the irai- sition that w as voted utpon lii tore. It is difpression that it was a gentleman of the sa;rne fererit in time. It may not have been expename with mnyself who offered that order. I dient at tha;t lime to adjotirni to Balimore, am satisfied thtart I gave an erroneous vote but it ratylt be expedient now. then. I am satisfie!l from experience that I Thle PRESIDErsNT said tliit it insi.ted upon, -.was wrong, and shall now vote no. he neust rule the appeal out of,rder for the The o;-der was accordingly madolted. realsonts assigned by t-he gentlema n front ADJOUINMENT' TO BALTIMORE. Prince George's (Mr. Clarke). Mr. VALLIANT submtitted tIhe following I. I-TEBB uggested thatt MIr.-Vallint had,order: withdriawn thle order by unanimous consent, Ordered, That when this Convention ad- in order to imake a motion to reconsider, and journ oni S;Ltirday next, it sta;nd adjourned colld now renlew the order and the appetl. to meet on Thursday next. 10th, at eleven The PRESIDENT cosi(lers thle ap)peal as havw o'clock, at the New Assembly Rooms, in the inc been withdrawn in ordef to make a mou-.city of Baltimore. and that a cornomittee of five tion to reconsidler.'be appointed by the Chair to carry this order Mr. STIRrLING suggested that a motion to into effect. reconsider the vote on the proposition having 301 been indefinitely postponed, it was not now feet." In the House of Representatives in competent to move to reconsider. Congre3s, it is provided by iule that whhen a Mr. MIhLLER moved to reconsider the vote, questin is postponed indefinitely, it shall not by which the consideralion of the motion to h!e acted on again at the same session. In reconsider (Debates page 50) was indefinitely the ablsence ot any specific lule, we ate to be postponed. g- overn(d by legislative pcactice. It is the The PRESIDENT overruled the motion. pI'act.ice of' the highest legislative body in Mr. VALIlANTr inquired if his appeal was this country that a notion to indefinitely in order. postpone p'evailing, it cannot be recoasidThe PRESIDENT ruled the appeal out of or- (red during that session of' the legislative der. body. Mr. VALLTANT appealed from that decision. Mr. BAnamN. I am satisfi d that we arein Mr. CHAnBEns, (by general consent) said: the majority in this Convention. If sllithese Ishould b-e pleased to have lhe proposition reconsrderations are out of order, please tell made by the gentleman from Talbot, (IMr. tus, Mr. President, what is in orde:r. Let us Valli-nt) divided. Let us take a vote on have a vote on some question or other. the subject of' adjournmient simply. There Mlr. SANDS. On thle morning after this are many of' us here who suppose that an ad- motion to reconsider was made, I recollect journment is to take ilace, but not kntowing distinc:ly that the gentleman from Baltimore at what period, would be much convenienced city, (a'. Stockbridgel moved to alend tlhe by the intormation at as early a day as prac- Journal so that it should re.ad that NMc. Stockticable. Some of us may haveappointrnents bridge moved that the consideration of the at home to make, and would be much grati- suo ject sltould be indefinitely postponed. I fled to be permitted now to s ty at whAt time at once remlinded the gentleman ttiat the they m'ay expect to be there to meet those ap- subject had not been postponed, but the mo. poititmenats. Then let those who vxish to ton harld. move the Convenitron to B riltimore settle that Mr. STOCKBRIDGE. By referring to the Reamong thiemsislves. Otlhers of us have no poris of the Debites atid Proc(eedings, page interest in that whatever. 51, members will find exactly what passed Mr. VALLIANT. I think there -will be no on that otca:eion. objection to dividinff the question. lMy ap- Mr. SIrIrTLING. I submit that it makes no peal is upon this ground. The Chair having diffierence whether the motion to r.consider, decided my proposition out of otrder, becaruse or the motion on the amendment, w;s indefisubstanti.tlly, the same proposilion had here- nitely postponed. It is the ordinary rule of tofore been determined by the Convention. parlit-lmntary law that the iridefinite postand a motion to reconsider made and indefi- porlement of' n amendment catlries the whole nitely postponed, — subject. If an amendmnenit is pFnitig, tand THE PaESIDENT.'TheChair has notdecided it is laid upon the table, the olig:nal mtotion that point. The Chair decided that it was goes wiLth it, and there is no prossibility of incompetent for the gentleman f'orn Talbot grtin:r: at it separateiy; and so the motion to appeal at this time, h ving wirhdraxvn his to indefinitely prostpone, an amen;ment carappeal, and there having been intervening ries the whole srltjct w:ith it, ex necessitato business. The PRIS:DIeNT. There is a motion and an TMr. CLARKIE moved to adjourn. amendmient pending, and a motion to postThre motion was rejected. pone that motion indefihitely. 0 couirse it Mr. D)ANIEL moved to reconsider. carries the anmenduent wvith it. How can The PRESmDENT rtuled the motion out of or- the Conventio arrive at the original pIropoder, an appeal beiinw pending. sitiot wivtlout fi rst ttki ntg up the amendliment? Mr. VALLIANT withdrew the appeal. And how can they reach tattt at alt withotit Mr'. DANIIL. I move to ret(oncilier the vote first reconsidering thle motion to postpione intaken t(ecidirlt ag;ainst moving to B~altirore. defitritely. The PRESIDENT ruled the motion out ofor- Mr. DANIEL. I am convinced, on looking der. at the Joiirrral that that is correct; and i Mr. DANIEL appealed. withdraw the motion. The PRlESIDENT. The proper mode to re- COMIPENSATION FOR SLAVES. consi ler is to reconsider the motion to post- The following resolution, submntted by Mr. pone indefinitely. CLARKE, on Tuesday last, was rea.d the second MIr. DANIEL. I withdraw the appeal and time: make that motion. Resolved7, That a select committee to conMr. BEItRY, of Briltimore county. The gen- sist of nine mPmbes, of which commit'ee the tleman moves to reconsider a motion for in- President of' the Convention shall be chairdefinite pastponement. "A motion to post- uman, be appointed by the Chrtir', whose duty pone indefinitely is of Alnerican ori'iin, and it sh 11 Ie to conter with the President of the peculiar to legislative assemnltlies of this coun- Unti ed States, our Senators and Repre.entatry, in which it is used as an ridverse motion tives in Congress. and the appropri.lte cornto reject or suppress, and with the same ef- mittees of Congress, to ascertain and report 302 to:this Convention, wvhat appropriation, if entitled to a seast upon this floor, who by his any, will be Inade by" CongresS, in pursuance vote would take any property of mine or any of the recommendations contained in the other citizen of the S'ate witihout a just messag s ofthr President of the United States, cornpens.ition n because if' he can take my neof Decemirer 1862, and Decemlber 1863, and- groee, he can take my purse — the joint Resoltiiions of Congress No. 26, ap- Called to order by Mr. DANIELS on the proved April 10th, 1862, to aid the State of grround that while a member mieht explain Maryland in the adoption of a system of his vote, he could not arrgue'upon the subject, Emancip.tion, and " to ltie used by s tid State pending the call. in its discretidn to'comtnensatefor the incon-. Mir. BILLINGSLEY. I vote in the'nrP'ative veniences, public and private, produced by but wish it to be distinctly understood that I such chln4e of system." do not commit myself to the policy. I iam Mr. NE'GLEV submitted the following ainxious to ascertain whether thle overtures amendnment: which have been made by the General GovSrrike out all after the word Conglress, in- Prnment in regard to this question, are sintte ninth line, and insert. "andcall the atten- cere, and whether it is the intention of the tiol of' ilhe President to the fiact, that this p;r'ty which his made the overtures to carry Convention intends to insert a clatuse in its out in good taith what they llve provided. Constitution, alolisliing slavery immedia-eiy Mr. CLARKE. I have only to say, inasmuch and uncondliticn:'lly, and to sugygest to him: as I offer(ed the resolution, that I offered it the propriety of bringing the question of re- in good flith. I desire to ascertain, under muneratingi loval sla;veholders in this State the President's mfssagfe, and the act of Conbefore Conress, in aceor(dance with the gress, what appinopriationwill be made by the: recommendations contained in his AnhUial Federal Congress in order to carry out the' Messares o' Decenmber 1862' and 186:3, and purposes and objects specified in the resoluthe Joint Resolutions of Congress, No. 26, tion. Until an answer is given to that, I approved Ap:,iI the: 10th, 1862', to' aic the commit myself no way. When the answer is State of M[aryland in the adoption of a sys- before us; when the proposition shall come tern of emani(ipitlion. from Congress what will be done, then I reMr. DANIEL moved to lay the whole subject se rve the right to judge'whether I will acon the tal).l. cept it or not. If it is a fair' proposition, one Mr. BERRy, of Prince George's, d manded which the State of Mairyland, aciing as a soythe yeas and nays a'nd they were ordered. ereignty, chooses to accept, it will be for the The quest:ion being taken, the result was- people to determine upon it. I't may be preyeas 52, nays 30: —es follows: sented in s ich a form th.it it may be desirable Yeas —less'rs. Goldsborough, Pies dent; to accept it. I therefore vote-no-withoit Abbott, Annan, Audoun, Ba'ker, Birron, Ber- commiitting myself to the acceptance or nonry of Baltinibre county, Carter, Cnrtiuthamr, acceptance of any offer wnich may be ma;de, Cushing, Daniel, Davis of W;lhington, le,ving that question to be determined hereEarle, Ecker, FeIrrow, Galloway, Hatch, I-lebb, after, When' the offer shahl have been made. HoffmIan, Hopkins, Hopper, Jones of Cecil, Tir. DENNIS. I sliould have voted for this Keefer, Kennard, King, Larsh, MTrtkey. lul- resolution, not because I e pected any praclikin, Muriray, Neley, Nyman, Parker, Pugh, tieal results to (row out of it, nor btcause I Robinette, Russell, S;tndq, Sichley, Schlossei', thought Cnngress hid any right to do this Scott, Smnith of C;l,roll, Stnith of Wo',eeter, thling. I vote-no-to prevent the impresSneary, St;rlino, Stockbridee; S wope; S kes, sion that I ain in favor of the amenl'men t, of Thomais, Thruiton, Todd, Vallian't, Wiclkaird, the' gentleman from Waslhingoton, (NMr. NegWooden -52. ley,) and for the further re son that Ihe Nays-lMessrs. Bilt, Berry of P. Georze's, amendment proposes to announce to the CabBillingsley, Blalckiston, Bond, Brisco0, inet in Washington and the officials there Brown, Cihameers, Clrlke, Cr'awford, Davis that this Convention intends to abolish slaveof Charles. Dennis, Dtivall, Edelen. Gle, ry; and I wish thlis motion to ftLil, that this: Harwood Hrlcikle, Hodson, Hollydty, Horsey, thing may be discussed bty the House. I Jones of So inerset, Lansdale, Lee, M;ii bury, ie dliy desire to learn how thl t determination Mitchell, Miller, Morgan, Parran, Turnerl has been arrived at. I want toknow whether Wilmer-30. the Conve'ntion are determined to abolish Pending.' the call of the roll, as their nauines Islavery, whether they haLve coine into this were called, the following members explained i I;ll with a predetermina'ion, independt-nt of their votes: the argument here, to adopt or to reject cerMr. BERRY, of Prince Geodige's. I shall tain measures. vote-no. At the same time I want it dis'- Mr. KING. Upon the expeatioibn thait this tinctly understood that I shall oppose any- awill be taken up froum the table when the properthingc like the abolition of slavery under any time shall arrive to discuss it, I vote-aye. and all circumstances. As to tie qtiestion of': Mr. MAtrLLamIN. I am opposed to to he rsolucompensation, I take it for granted that there 1 tion, becatuse I think it is premature, and is not a man within thlie so:und of nay voice, therefore vote —aye. 03 Mir.. NEGLEY. I WaS desirous, if the Con- committees of Congress, to ascertain what vention were determined to take action upon appropriation, if any, will be made by the the resolution, to have the amendment I of- Federal Government in compliance with the fered adopted.'But I prefer lthat the whole recommendations-contained in- the messages subject should go over to a more appropriate of the President of the United States of Marhll time, and therefore vote-aye. 6Lh, 1862, and December 1st, 186-2, and the Mr. PuH;a. I shall not be opposed to adopt- joint resolution of Congress, approved April ing such a resolution at the proper time. I 10th, 1862, in the following, words, to wit: shall vote —ae-because I particularly ob- That the United States ought to co-opeject to the language of- the amendment that rate with; any State which may adopt gradual the Convention intends to do so and so. I abolishment of slavery, giving to such State shall be in favor of a proper resolution upon pecuniary aid, to be used by the State in its the subject, when we shall have taken action. discretion, to compensate for inconveniences, Alr. SANs. When I was a candidate be- publicand private, producedbysuch achange fore the people, I pledged myself publicly in of system." printed cards, if I came here, to serve them DECLARATION OF RIGHTS —ALLEGIANCE. in a certain way. I said I was bor the Con- The Convention resumed the consideration vention and forEmancipation, I was opposed of the order of lthe day, being the second to State Compensation, but that I would do reading of the Declaration of Rights. The all that could be done in an honorable way, articleunderconsideration was thefolloning: to obtain from the General Government com- Art. 4. That the Constitution of the United pensation for those entitled to it. A man States and the laws made in pursuance thereof who pledges himself, and betrays the people being the supreme law of the land, every when he gels here, in my opinion is not citizen of this State owes paramount. alleworthy of a seat. I am not opposed to the giance to the Constitution and Government principle of the resolution, and am bound in of the Unit(d States, and is not bound by any h3onor to join in the effort; but I think it is law or ordinance of this State in contravenpremature, and theretore vote to table it- tion or subversion thereof'. aye.. Mr. CLARKE had submitted the following AIr. SCOTT. tUnder other circumrstmnces, amendme-nt to strike out all alter the word and at a different time, I may vote for this "'that' in the first line, and insert: committee; but when I do vote tor it I want "The Constitution of the- United States the committee to be able to say when they go and thelaws made in pursuance thereof-being to Washington, that we have abolished shave- the supreme law of the land, every citizen of ry in the State of AMaryland. I do not want this State owes allegiance to the Constitution to send them there to say what the Conven- anc Government of the United States within tion intend to do. We do not know what the limits of th.- powers conferred by that the Convention does intend to do. I knowv Constitution, and is not bound by any law what I intend to do, but I do not know what or ordinance of this Statd in contravention others intend to do. I therefore vote in favor or subversive thereof; and- the powers not of tabling the re olution-ay-e. delegated to the United States by the ConstiIMr. TODD. For the reasons assigned by tution, nor prohibited by it to the States others I vote-aye. I shall vote at the proper being reserved to the States respectively, or time fur the committee. to tihe people, every citizen of this State owes Mir. VALLIANT. The explanation offered by allegiance to the Slate of Maryland so far as the'gentlemian from Hosward, (Mr. SANDS,) the so:ereignty of' the State has not been afwill explain my vote. I vote-a3 e. fected by the Constitution of the United The resolution Nwas accordingly laid upon States and the laws made in pursuance the table. thereof, and is not bound to yield obedience Mr. BERRY, of Baltimore county, gave no- to laws made in direct violation of the Contice that when this subject should again be stitrition of the United States and in the exbrought up for consideration, lie would at erciae of usurpted powers-' the proper time submit the following amend- Mr. SANDs had submitted the following merit: amendment to the amendment, which was the Amend by striking out all after the word pending question:'corurmittee,' in the first line of t.e resolu-'Providtd, that nothing in this article tion offered by Mr. Clarke, page 1:29 of the contained shall be construed as giving to the Journal, and insert the tollowing so as to State a right to secede from the Federal read as follows: Union, or to form a confederation with any " R solved, That a Special Committee, to other State or States of the Union, or to seize consist of seven members, be appointed by by force of arms or otherwiseanv property of tlie President of the Convention, of which the United States situate and being within the President shall act as chairman, whose the limits of thiis Stite, but tihat these acts duty it shall be to confer wiih the President are hereby expressly folbiddrn." of the United States, our SIenators and Rep- Mr. MILLER moved a call of the house, resentatives in Congress, and the appropriate which was ordered. 304 The roll was called and the following mem-l " no" on this amendment to that armendbers responded: ment..Messrs. Goldsborounh, President; Abbott, Mr. B3EmRRY, of Prince George's. I shall Annan, Audoen, Blker, Barron, Berry of vote against this amenilmant to the am':ndBaltimore county, Berry of Prince G" or e's, mant. becau3e I do not think it is applicable Billingsley, B!ackiston, hond, Briscoe, Biown, to this declaration of rights, because it is inCarter, Chambers, Crawford, Cunningham, trod uring many thing's wh;ich I do not think Cushing, Daniel, D:ivis of Ch::ies, Davis oft applicable to thi3 porlion of the ConstituWashington, Dennis, Duvall, Earle, Kdelen, tion. I vote "no." Farrowv, Glale, G'allowva y Harwood, Hatch; Mr. BIrLINGsLiEY. In sexplanation of my Hebb, Henkle, Hodson, Hoffman, IHoll. day, vote, I would sa;y that I do not cons:der the Hopkins, Hopper, Horsey, Jones of Cecil, namendruent of the gentleman from Howard Jones of Somerset, Keefer, Keefe ennard, Kinf, (Mr. Stnds) as grermatin to this subject. I Lansdale, Lee, Alarbury, Markey, iMitchell, am not disposed to enter into the discussion Miller, Morg'an, Mullikin, Murroay. Netley, of an abstract principle, when we have a subNyman, Parker, Parran, Pug'h, Robinette, I stantive proposition before us. And as the Russell, Sands, Scliley, Schilosser. Scott, position of every memh)er of this hb)iuse has Smith ofCartroll, Smith of Worcester, Sneary, already been presented in ou- action upon Stirlinf, Stockbriid-c, S;vope, Sykes, Thomas, article 1 of the Declaration of Rights, which Todd, Valliant, Wickard, Wilmter, Wooden declares: " That all government of right -76. orig'inates from the people, is founlled in coinIMr. HEBB moved that further proceedinlas pact only, a'nd insti!tuted solely for the good under the call be dispensed with; which was of the whole; and they have at all timels the agreed to. inalienable rig'ht to alter, reform or abolish The question recurred upon the amendment their form or goerrlm nnt in such manner as to the amendment. they may deem expeiienrt''-I rote " no " Upon this question MIr. SANDS called for the aIr. K;NG. For the reasons given by genyeas and nays, which were oidered. tlemen who first explaineed their vales, I shall The question being then taken, by yeas vote ",o," although1 there is a poLtion of and na s, it resulted, yeas 45, nays 33, as this amendment to the Constitution which I follows: I endorse heartily. Yeas —Iessrs. Goldsborongh, President; Mr. MILLER. I am in favor of the amendAnnan, Audoun, Balker, Barron, Calrter, Cun- ment offered by the gentleman fromn Prince ningham, CushingDaniel, Davis of Washin( George's (Mr. Clarke) and oipossd to this ton, EA:rle, Ecker, Galloway, Ittch, Hebh, proviso, proposed to be added to it by the Hopkins, IIopper, Jones of Cecil, Keefer, Ken- gentleman from Howard (Mir. Stnds.) But nard, Markey, Mullikin, Murray, Neg'lel, in recording my vote I wish to be distinctly Nyman, Pulth, Robinette, Russell. Sands, understood as not affirmiong the proposition Schley, Schlosser, -Scott, Smith of Carroll, which this proviso nleg'atives. I vote "' no.'" Smith of Worcester, Sneary, Stirling, Stock- MIr. NiGuLEY. I,ia in favor of the amendbridge, Swope, Sykes, Tihoinas, Todd, Val- ment to the amend-nent, for if tie amendment liant, Wiclkard, Wooden-45. ot' the gentlemran floomn Prince George's (MAr. Nays-MIessrs. Abbott, Belt, Berry of Ba1- Clarke) is to be adopted, I wvant this qu;llititimore county, Berry of' Prince George's, Bil- caltion attaclhed to it. I sh;all vote for the lingsley, Blackiston, Bond, Biscoe, Brown, amendment to the amendmne t, and shall then Chambers, Clarke, Crawford, Davis of vote against the original amendment, whether Charles, Dennis, Duvall, Galle, HarT00ood, it be amended or not. I vote "' ace." Ilenkle, Hodson, Hoffman, 10ollyday, Hor- Mr. SCIHILEY. On every proposition before saey, Jones of Somerset, Kiing Linsdale, this body, the ado)ption or rejection of which Larsh, Lee, Marbury, Mitchell, Mliller, Alo- may be construed ats directly, or by implicagan, Parker, Wilmer-33. tio n asser tiinG the pretended righst of secession, Pendinf the call df the yeas and nays, the I shall re-cord my vote in opposition to that followving explanations were made by merm- heresy. I vote "'aye." bers as their names were called. MIr. CLARKE. I wish to state that while I RMr. ABnorT. In explanation of my vote shall vote'' no" on this amendinent to my I desire to say that I am not particularly op- amendmnent, I will, like the gentlemnin from posed to anything about tliis amendmsent, Frederick (Mlr. Schley) "always vote against except that. it is an amrnendment to the other any proposition which acknowledgles the rilht amend(lient. I am opposed to all aneend- of secession as a constitutional rijhti olr aq ments to this article, for I want to vote upon any other th,,n arevolutionary light. And I the naked question as it came fioml the coin- dl-sire further to say that,, if the proposition rmittee. I therefore voee'no." of the gentleman fromn Hovward (AMr. Sands) Mlr. BERRY, of Beltimsore county. I anm should be attached to the amnendin nt I have opposed to helping the amendment of th.e offered, and tbe incorporated into this Conssigentleman from Prince G(eorge's (Mr. Clarttke) tution, and so go down to posterity, it will in any way or manner, and, therefore, I vote be regarded as the work of children dabbling 305 in Constitution making; for the simple fact have read the wrong books —but befo-e I that even if you should put a protiso in that could bring myself to the conclutsion to affirm 6' every thin, contained in this article sh'all be a proposition of this chraa(cte-, I shouldl have construed as giving to a State the right to to ask some gentleman upon the oiiher side to sece e from the Federal Union," it would be give us more light upon this sublji ct, and I n-ull and void. A State, by its bill of rights, am sorry tha;it it has not been given to us. I has no power over the matter one way or the regret, for one, that, if the proud o'd Sta'e of other. The power of the State is contro;io I Maryland is now, tor the first time, to become by the Constitution of the United States, and a pioneer in th s cause, teniing to the downunder that I say she has no right to secede. fall of States' rights, and the tot:al overthrow I shall voteagainstthis proviso for the reason of Stale sovereignty, these new at d modern that to attach such a proviso as that to my lights have not give!n us some of the reasons amendment would, in my judgment, be an upon which they predicate their ground of intimation th,t this Convention does not un- action in this resp ct. As a Mary lander, derstand the first principles of constitutional proud of ttie past history of my State, proud law. I vote "no." of its origin in the days of the Revolution, The amendment to the amendment was proud of its prozCess since that lime, I, for ac-cordingly adopted. one, am not wviling, without far moie de'ibThle question recurred upon the amendment erate consideration, to lay dowvn here all the as amended, and, being taken, it was rejected. pretensions of what I conceive to be the very Article 4 was stated to be still open to foundation of he-r libertlies. amendment. This question I believe to be one which Mr. i3Rnscox. I move to amend article 4 agitated the giant minds of' oun' Repubic. by striking out the word " paramount," so And the mighty mind of' laryland —thte rrat that it will then read: Mr. Pincknev —in that discus-ion Nwh:ch first " The Constitution of the United States, arose as to the lines tliitt divided the State and the laws made in pursuance thereof being from the National Governmeqt, ulon the adthe supreme law ot the land, every citizenr mission of Missouri into thi- Un'on. so cle;irly of this State owes allegitnce to the Constitu- and so incontestably explained this question tion and Government of the United States, of State power and Slate soveleignty, tlhat in and is not bound by any law or ordinance of.my simplicimy, I had thought it was pl:aced this State in contravention or subversion beyond tie reach of argument. Now, if we thereof." will refer, for a moment, to the itsues and I had expected, Mr. President, in thecourse questions involved in the adilission of Mlisof the discussion upon the provisions of this s iuri into the Union, when this gre tt power article, to have had the pleasure this morn- of paramount.iithority hly the Governmernt ing of listening to some of the reasons that of the United St;ites was then for th!e first might be assigned by gentlemen upon the timne attempted to be exercised, as to tle State other side of this question, in advocacy of of Missouri, we umaiy prolahly gather some this new doctrine of paramount allegiance to light upon the sut!ject. The doc:rine wlhith the Government of the United States. After seems to he covered bh this proposition of the very able and elaborate arilument of my the committee, is clearly at war wi hl the friend from Prince George's (Mr. Clarke) so views Mr. Pinckney then exp-esse(l, is thoroughly exhausting, it seenmed to me, the clearly at war wilh what was thein coisid red whole question involved in this article, I had as authorit, and awhich I think since thlt hoped some gentleman would have entered time hals been cons dered as the great arguupon this discussion and endeavored, if possi- m- nt upo)n this qle.3tion; an aroument ble, to (3o away with the impressions which which, I be'ieve, wvis then designated as the that argument was well calculated to make. great response to the argumerint o that school I had hoped that the chairman of this Com- of plit;cians in our country tth:t claimed for nzittee upon the Declaration of Rights, after the Government of the United States;nthiorhavinla presented to this Convenrtion, as I ity utterly at war, and iacol)sistet witlh the consider; a very novel and startling doctrinle, rijhts of the States. Upon that oc:asion Mr. one for the first time heard in this State, Pinckney, in language more bewutifail and would at least have deigoned to enlighten us more conclusive than any I could hope to as to the reasons which induced him to ome employ, so clearly put this question before to so grave a conclusion. us, that I ask permission to read it to this I do not rise for the purpose of entering House. into an extended discussion of this question. Mr. Pinckncy tells u%, in regard to this But I have been educated in that school of question of the po xer of the N;tional Govpolitics which recognizes very marked lirnes I enment, that a recognition of the paramount of distinction between the powers of our Na- authority of the Gi,-vernnent of the United tional Government and those of our State Styates to touch the sovereig'nty of a State, to Governments. I have been taught-it mrny mar the fair propor'tions of a St;ate, was but have been improperly taught; I ma7a have opening the door for restraints upon her fnbeen educated in the wrong school, and may i ture legislation; that the recognition of that 30(6 power at that time, and under those circum- forever to-leading' strings unless she will exstances, would open tile door forthe.exe'rcie change those leading strings-for shackles. of powers which would in time entirely ob-'I "I am told that you have the power to esliterate the pou'ers of ttie Slate government. tablish this odious' and revolting distinction, And I recIo'nize this as the first step; the first'and I am referred fbr the proofs of that power movement to overpower the State of Mhry- Ito various parts of the Constitution, but la'nd, and to reduce her to the lowest position principally-to that part of it which authorizes in thliis Government; In speaking of the ex- the admission of; new, Stites into the Union. ercise of thee power at" that time; Mr. Pinck- I am myself of opinion that it is-in that palt ney said: only-that the advocates for this restriction "It was but the other day that we were can, with any-hope of success, apply for a lifhrbi'ddcn', properly forbidden, I am sure. for cense to impose it; and that- the' efforts which the prohiibition camte from you, Mr; Presi- have been' made to find it in other portions dent; to azsume tha't there existed' any inten'- of that instrument are too desperate to retion to impose- a prospective restraint upon q'ire to be enLcountered. I shall, however, the domestic legis:ation of the State of Mis- ixamine those other portions before I have souri." done, lest it should be supposed by those Now, I say that this article of the bill of who have relied upon them, that what I omit rights does indicate the following it up with to answer I believe to be unanswerable. that line of policy that has been latterly ad- " The clause of the Constitution which revocated by men in high places in this coun- lates to the adtnission of new States is- in try; and that the exercise of that power in these words:'The Congress may admit new tiime to come will lead to the titter overthrow States into thlis Union,' &c.; and' the advoof the powers of the State governments. He cates for restriction maintain that the use of SAys: the word' may:' imparts discretion' to admit "'We were forbidden Ad it' * toassume or to reject-; and' that in this discretion is that there existed any intention to impose a wrapped up another-that of prescribing theprospective restraint upon the domestic leigis- terms and conditions of dtdmtission in case lation of'the State' of Missouri-a restraint to you are willing to admit. Cujlus est dare ejus a'ct uponI it contemporaneously with its origin est disjonere. I will not for the present enas a State, and to continue adhesion to it quire whether this' involved discretion to dicthrough all the stages of its political exist- tate the-terms of admission belongs to you or ence. We are now, however, permitted to not. It is fit that I should first look to the. know that it is determined by a sort of polit- nature and extent of it. ical surgery to amputate one of the limbs of "-I think I may assume that if such a powits local sovereignty, and thus mangled and er be anything but nominal, it is much more disparaged:, and thus only, to receive it into than adequate to the present object; that it the bosom of the Constitution. It is now is a po aer of vast expansion, lo which hutannounedr- that, while Maine is to' be ushered man sagacity can assign no reasonable limits; into the Union with every posshble demon- that it is a capacious reservoir of authority, striation of studious reveren, e on' our part, from which you may take in all time to come, and on l ers with colors flying, and all the as occasion may serve, the means of oppresother graceful accompanirnents of honorable sion as'swell as benefaction. I knoxv thatt it triumlph this ill-conditioned upstart of the professes at this moment to be the chosen inWest, this obscure foundling of' a wilderness strument of protectilng mercy, and would win that was but yesterday the hunting ground upon us by its benign-ant. smiles; but [ know, of the savagi, is to find: her way into the too, it can frown and play the ttranmt, if it be American family as she can, with an huril- so disposed; notwithstanding the softness iatinh- badgte of remediless inferiority patched which it now assumes, and the care with upon her giarmenits,: with that m ark of recent, which it conceals its giant proportions bequilified nmanumission upon her, or rather neath the deceitful drapery of' sentiment, with a brand up1on her forehead to tell the when it next appears before you it may show story of her territorial vassalage, and to per- itself with a sterner countenance and ini more petuate the memory of her evil propensities. awful dimensions. It is, to speak the truth, It is now avowed that while the robust dis- sir, a power of colossal size-it, indeed, it be' trict of d~aline is to be seated by the side of not ap abuse of language to call it bt the her tf;uly lespectIable parent, co-ordinate in gentle name of apowoer. Sir, it is a wilderauthority and honor, and is to be dandled ness of powers, of which fancy in her hapinto thatt ipover nd dignity of which she pitst mnlod is unable to perceive the far-disdoes not stand in need. but which undoulbt- tCant and shadowy boundary. Armed with edly she deserves, the more infantile and tee- such a power, with re'.igion in one haud and ble itissouri is to be repelled with harshne'ss, philanthropy in the other, and followed by a and forbtidden to come at all, unless with the goodly train of public and private virtules, iron collar of servitude about her neck, in.. you may achieve more conquests over soystead of the civic crown of republican free- ereigndies not your own than falls to the dom upon her brow, and is to be doomed common lot of even uncommon ambition. 3'07 By tlie aid of such a. power, skilfully erm- are bound to bow and submit to it without ployed, you may;bri'dge your way' over the any right of protection on tlie part of the Hellespont thatt separates State legislation State against any edict which may be issued froin that' of Congress; and you may do so by the Govern'nenrt at Washington. for pretty much the same purpose with which As I said before, I do not intend to go into -Xerxes once bridged his way across the a thorough discuxsion of this question I I-Iellespont, that sepairates Asia from Eurotie. simiply desire to present these views to thle He did so, in the'langoiaee of MAilton,' the Convention and a.-k them to consider this liberties' of Greece to yoke.' You may do so quisslion beifore they Vote in favor of" it, and for the analagrbus purpose of subjugating and to hear what rea~ons may be oiven by genreducing the sovereignties of States; as your tlemen on the other' side to in'ducee them to taste or convenience may suagest and fash- come to so grave a conclusion. ioning ttiem to yoiur imperial will." Mr. SaNDs. It was my purpose, Ali. PresiNow, sir, it seems to me that tl:e view taken dent, not tohave addressed this Convenlion of this question by tliis distinzuislhed MIairy- upoin the subject embraced in this' article; lander, coimes home to our minds to day witht But I cannot consent to sit still here and lisadditional force, and that before we adopt a ten to doctrines proniulgated in Ilis hall, and measure which entirely breaks down those p omllgat(-d with all the tones they would guards which our fathers erected around us: be promulgated with if they were original,as a sovereign State of this Union,xVe should doctrines firom which sprung all our present consider well the times in which: we live and woes. And how in the light of presentevents, the circumstatnces by'which we are surround- gentlemen can spend hours here in reaisserted. I- saw the other day that a proposi- ing Iprinciples which have been asserted betion, vwhich 1 think bears practically upon fire, through the life of such men as Calthis qtestion.was advocated by one in high hobnn, Barnwell, Rhett, Orr, Jeff. Davis and place here in Mary.land, by one who repre- others of the-extreme States' rilhts schoolsents this State in the Congress of the United how they can reproduce them in the face of States. It was a proposition touching upon the events of this day, when it is potent that this very queslion of States' rights; a propo- those doctrines have borne tIut their own sition before Congress to prohibit the State legitimate, bitter, ashen fruit in civil war, of Matvland from taxing the holders of bonds rapine and bloodshed, I cannot for the life of the United Sttle3 within her limits.'That of me understand. proposition in Congress was advoca'ted by Mr. CranRE. Will the gentleman allow this representative of AMaryland, at thle head rme one moment? of this consolidiation party in power;: and Mr. SANDS. The gentleman will have an advocated u-pcn the ground that the State of opportunity to reply to me. Marylalllnd had no right, if the Congress of The PRErIDENT The gentleman must not the United Stafes undertook to assume a: be interrupled when speaking. power of that character, to write upon lier Mr. CLARIEa. The gentleman intelrupled statute books a laxw in contravention of it. me yesterday. I Wanted to ask him but a If the law had been passed as aadvocated by single qu(-sion. him-, it would have been in direct opposition Mr. SANDS. The gentleman had a whole to this article of your bill of rights, whih: clay for his speech; I have but one hour I says thart the State of Maryland has the right say that, in the f;ace of the fact that t'hose to regulate her own internal polity in her men have committ(d those di(ctinus lo the own way. It would be striking at one of the terrible arbnitrament of wa'r, when the battle dei rest righrts of the: State; the riglit to tax may be raglnar at this very instRnt, how men the prop)erttyof her own citizen's. And when can- broasch those doctrines here, is whlat I we hear these doctrines advocated in this cannot understand. State, when we find tliem coming fromn every My friend fiom CIlvert (Mr. Briscoe) said quarter of our land, it becomes us to be cale that he hail not iieard a word from the mnafu'l ari'd c:;litioUs before we undeirtake to lay jorlity here in advocacy of the doctrine that at the feet of' this: theory of the paramoiunt the Goverrnment of ttie Unit;ed States was atthor~ity of the Nationral Governmrent, every supreme, or, in the illnrulage of this,irticle, s'afeguatrd andn pro'ection which the' State of paramno'unt. Now, I would sinmtly advise Maryland holids over hr liberties. Now, rentlermen here to pursue a course of reading sir, not one word has been adduced by these wvhic:h is famriliar to mast men, inld w'hich I gentlemen utl)on the floor who advocate this think will fully enligliger'them up)onithispoint. doctrine of paramrount allegiance; in its favor. Is it a- doctrine proclainmed here the first time It is a doctrine so clear that no mrna can dis- that Wve are a nation, thalt we are an emr!ire? pute thiat thie State of Maryland is' deepily Now, I do not me(an to talk merely. 1 would concerned in it. for if this article is ado'pted, it rather refer gentlemen: to sorime books. And leaves it to tlre Government of the Uniteil just upon that point I beg leave to refer them States to pass any law, no matter of what to that very obsolete old docurment, th'e farecharacter, an(I your bilt of rights will s: y that well address of George Washiiniton. I proit is the overriding law' of the land, and you pose, with the permission of the tHouse, to 308 read to those gentlemen a few ideas of that nation, a government for the whole is indisvery olsolete old teacher, George Washing- lensable; no alli;nce, however strict, beton. He says in his t:'rewell address: i' The tween the parts can bean ad(quute substiunity of Government which constitutes yol tute." Not a compact, as some gentlemen now " —What? The people of several ind,- term what is not a compact but a Constitupendent and sovereifn States? Is that the tion. The father of' his country recognizcd teachirng of the Father of His Cointry? No; clearly the distinclion which the great Juistice he knew hettr(r thian that; be knew more of Story so admirably makes betwseen a compact true principles ualon which alone free uov- and a Constitution. They are two very diferminent (.an securely rest. He said:' The ierent things. And when gentlrmern dlec'are unitv of Government which constitutes you that they cLnnot detect the difference between one people is very dear to you. It is justly a compact and a Constitution, they I ut mitlke so; for it is a main pillar in the edifice of us think of what Mr. Clay once told that very your re:l independenre." Now, gentlemnen class of' men. talk about the independence of the States- And I will just read what that great and the sovereignly of the States. And yet they good mean Henry Clay said about those peowould rest the independence and the sover-,le. And I will priface it with the assertion eignty of the StAtes upon a doctrine which that there his not been one atlack made lp)on has totlered your Federal Government almost the integrity of the government fromr 1820into ruin, involving the ruin of every State. the time to awhich my friend fromi Calvert i' Of your tranquility at home, your peace (Mr. Briscoe) just now alluded-until this abroad, of your safety, of your prosperity, time, that it hais not been done under the of that very liberty which you so highly pretext of the Cons'itutiu~n. And I advise prize." gentlemen iere to read the speech madte by Now we.have the authority of George Henry Clay in 1850, in the SLn;le of the Washington upon this point of our unity as United States, in whicli he declared that the a people; and upo'n the farther point that Missouri Compromise of 1820 was a S,uthern upon the l)reservation of that unity depends Coinpronmise, tlhat cannon were firld, hells our pe ice at home, our honor abroad, atid the were rung and bon-fives kindled on every hillvery liberties which we so dearly and justly top throuch the South over the vic!ory they prize. And there are other readings here. hIad won, while northern men who habd voted I saw one of my friends taking notes, for it, were ashamed to go home to lheir conwhen I used that horrible word " empire" a stititents. And so were the comprolises of few moments ago, as if he supposed it was 1850 southern triumphs. some new tlhing, as was asserted about some But there came a timne when these great fact I stated here some days ago. Here is constitutional Gamnalie's, who know mole in what George Washington said: their opinion about these things thln any-''It may not impossibly be found that the b:)dy else ever did or ever wvill, ound out tiht spirit of party, the machinations of foreign these comp)acts were unconstitiltional. Why? powers, the corrupt;on and ambition of' indi- B, cause they wanted to get these compacts vidllal citizens are more formiitable adversa- out of the way of their wild race tfor complete ries to the? unity oi our empire than any political supremacy; and they kinew there inherent difficulties in thF scheme." was only- one way to do that, and that was to George Washington called it "empire," set up the doctrine that these compacts were and I guess the good old man knew wvh(t he unconstitutional. was talking about, if some of us (tdo not. When the Missouri Compromse. was pa:sed Agiin, ie says, "'to the effic-acy and permat- hy Congre's, MAr. Monroe was Pr'sidenit of nency of your nation, a government for the the United States, and 1 guess he was als good whole is indisl)ensAble." Not for the thirteen a judge of tIhe Constitution as somne mlodern or the tweity-six, or any other number of' gentlemen, and le had in his Cabiniet men independent State sovereigrnties; thelanguage who were known as the best constitutional of the greatt th:ther of his country was not lawyers of the country. Wh n this Missouri that; it was any tlhingr but that. "A gov- Compromise was passed, arid preesented to eriment f)r the whole is indlispens)tble''- him for his sanction, he address.d two qutes.. looking directly to this mischievous doctrine tions in writing to each member of his Cat}iof independent State sovereignty. net-lst, HI-s Congress the power to tIass this Now, g;entlemen imust not confound thints. hill? 2d, Is this bill constitutionail? and in When wve say that a State is not an independ- the archives at Washinaton will be found reent sovereignty, they must not proceed with corded the tinswers to those qiuestions. their arguments as though we hal said that Now, wvhat wvas the result of the ac ion of a; State was riot sovereign in her sphere, sub- this-no, not this, but the late-Democratic ordinate to thai government which is para- party, in repealing that Mlissouri Compromount; not at all. 3ut lhey mlust rememb\er mise? In less than two ye;ars after they that looking to these States' richts doctrines wiped out the MissouriComproriisa line, there and their consequences, the good mnan sa'd: was civil war in this land, where before there "to the efficacy and permanency of your had been peace and prosperity, and growth 309 and power, and happiness, and all thatblesses interpretation, to the conflicting exposition a nation and a people. " By their fruits ye which is as honestly believed by the opplo.ite shall know them." Aye, in one year after interpretors as they believe on their side, that repeal, there was war between conflicting they: proclaim their own exposition of the politicia.:s, fbr thepeoyle never were coilflict- Constitution, and cry out,' All we want is ing, and we now see the consequences; and the Constitution.' now, as one who opposed them then, who op- What a master hand drew the portraits of pose themn now, and who will oppose them as those Southern. gentlemen who even then were long as I live, I say to them-" Shake not thy bent upon the destruction of this Union, acgory locks at me, for tliou canst not say I did cording to Mr. Clay, and otler gentlemen it." It was their own work, the work of just as well known in the land as he. They these wise constitutional Galmaliels. were quibbling at this, and at that, and at Mr. Clay had his idea and opinion about everything that the people held venerab e and these men who are turning the Constitution,ital- and essential. Yet all the while, as Mr. into a hobby-horse, and go tilting on it Clay said, they were crying out, " give'us the whenever it sui:s their partisan purposes; and Constitution, give us the Constitution," that I will give his opinion in his own langu;,ge. is, give them their interpretation of it. and IT hie gentlemen to marli that out of re- "In the comparison and expression of opspect for the gray hairs which cover the heads posite opinionl, infallibility is not the lot of of some who will tske part in this debate, I mortal nman. It belongs only to Himn who would use no such language myself, foR.I am rules the destinies of the world; a-id for any too young a man to make such language per- section or any set of gentlemen to rise up and tinent or proper for me. But I give it as the say the' Constitution meants so anid so, and lanTuse of Mr. Clay, a man of their own he who says otherwise violates the Constitusort, a Southern man by birth, a Southerner tion,' is, in itself, intole'rant, and without that of the verv strictest and straitest sect, and miutual forbearance and resp2-ct which ate due one of the best of politicians, such another to conflicting opinions, honestly eltertained the wo'rld has neve-r produced. What did he by ll11 who are equally aiming to arrive at the say to those gentlemen who, in 1850, as he trluth." char, (d upon themn on the floor of Congress, I say the hand of a master drew the porwere trying for their own purposes to defeat trait of those miserable politicians, and there the compromise measures? He-I told them it stanids to Ije read of all men for all time. that tley did not want peace, tha:t it did not And what were the results of' these pacifisuit their pllrposes. I-le charged npon them cating mrasures of 1850, iwhich were eeg'l1rded that they were then conferring together in then all over the South as new Southern Washin;ton city upon the most effe'tive triumphs, as they were. Tl]ree years later, means to keep peace out of the land., I' gen- rind this (ountry presented this spectacle: tlemen will read ihtt speech they will find in Y. ur Congress was debating this pro1 osition it sonrethingj of Mr. Clay's ideas upon tIhe — how shall we deplete thle Tieasury, now sutljctl of national unity, and States' righ's. filed to overflowing? Well, great hearens I And more than all that, they will find some- have not those men aided in depleting it since thing of'his ideas of these gentlemen wl-o are then, not only through the aid of the late all tle titute seleaming out-"' () tle Consti- Secretary of the Treasury, under Buch:inan, tution; 0 1 the Constitution." 3Mr. Ciay but in divers other ways. In 1853, under the says: working of the peace measur(s of Henry Mr. President, it is one of thle peculiar Clay, the nation prescnted a specticle which circunts'aricrs attending my presert )position, wais the admiration of the world; we were a as I remnarked on a former occasion, that I people fiee as the air we b)renth( d powoe;ful am generally called upon to vitd icate the as a gi;ant; sitting under our viiies and our mes lrces proposed in this bill against those tio-trees, ewith none to molest Ius or make us whom we have regarded as the:riends, as -itaid; a match for the w)r:d in arms; and well as those who are considered as open, vait are we to-day? Almost a b))-word avowed op)P )nents of the measure." and a repo0ich amony the -nations, Lec;tuse, Mr. M1LTrEn. Will thegentlem;n state who being dmeluted to minister at thie altar of those oltponents were'? libert, we hie, as fir as sorne ot us could Mr. SANDs. I will. come to that directly. do, quenched its liht in blood and tears. Gentleiiitn vill find out who they were by the Now, what is lhe caiuse of all lhis? What time I get tlhrough reading. but the repeol of the Mlissouri Coillromise? "'I anticipaled, the other day, somewhat the Ant( here I want to say a fi-w words in regard argument wh)ich I beg leave barely to advert to sollet remarlks of my friend forin) Prince to now\. I tlirnk amongst our southelrn friends George's, (aI1r. Clarke,) yesterday. When he two or three great errors are occasionally spoke of' commissioners on tote part of the committed. They interprettthe Constitution United States to tretit with the lpublic enemy, accordingr to- their judgment; they ingralft and named Franklin Pierce as one of them, I their exposition upon it; and, withontlisten- could not believe in his sincerity. Franklin ing to or giving due weight to the opliosite the faithless I 310 Mr. CLARKE. I would as soon have Gen. the Missouri Compromise line, and lighted Grant as Gen. Lee to settle it. up in your far ott Western territories the AIr. SANDS. I would assoon have anybody torch of civil war. A beautiful individual to else as Frairklin Pierce. Look at his history send on a national mission-ihis Franklin and the party who acted with him. They the faithless; Pierce the promise-breaker. went to a Convention in Baltimore, in 1852, Mr. CLARKE. Say General Grant, then. and made a solemnt pronmise to the people of Mr. SANDS. General Grant is on that misthe United Stiats that they would never re- sion now. [Laughter and applause.] open the sulbject of slavery either in Congress These democrats broke every promise they or out of it. made to the people. That is history. GenMr. BERnY, of Prince George's. I would tlemen may walk around it as mich as they remind the gentlemoan that he has passed please. They may talk for three hours.at a away from Mlr. Clay's speech without giving time to get around it, but to this complexion us the names of lte opponensof the Compro- must they come at last, even if they paint mise measures of 18.50; arid I would ask him their bad cause a toot thick. The gentleman ifVJames Alfied Pearce, of this State, was not hi:s begotten in me the desire to make a one of the opponents. quotation. It is the remark of the old graveMr. SANDS. I do. not know how that was. digger-" Get you to your lads's chamber, I know that in the lalter 1Part of his life he and tell her that although she paint a foot was thought to favor secession. I do not say thick, yet to this complexion must she come that it was so, but he was veryshrewndly sus- at list." They may paint and plaster, as pected of it. much as they ple.ase; [lut they cannot shut it Mr. CHAMBERS. Most unjustly. out from the intelligent people of this counMr. SANDS. If gentlemen will look at his try that the democratic party has brought record in Congress they can see. this national ruirr upon us; quarrelling first Ml'. CHAMBERS. I knew him intimately, among themselves, and then setting the peoand I know he never favored that doctrine. ple to quarrelling.'Mr. SaNs. I am glad of it. Now, in re- Now let us trace up these measures from.gard to Franklin the faithless Pierce the 1853,'54, when the democratic larty broke pronmise-breaker. Now, look at him, and their promises to the people. Whit is the the party which then acted with him, which next legislation by Congr(ss touching the called itself the democratic party, but which question of slavery? You have it in acts was no more dernocra.tic than the Czar of which organized every foot of territory which Russia, or any other autocrat, or any aristo- belonged to the United States, and organized crart. -That party went to Baltimore, and that territory expressly upon. the ground of made this soletmn pledge to the people: Elect the Dred Scott decision of the Supi eme Court us to power, and this slavery question shall of the United Statts. Are not gentlemen never be opened up again, in Congress or out aware of the fact, wli(rh I assert rhere without of it. the fear of contradiction, that the very last Now, I put this to democrats: They talk Congress of which these men were members, about saving the country. Why, they could in the session of 1860 and'61, organized not save themselves. They went to Charles- every foot ot' ter itory which belonged to the ton, but could not hold themselves together, United States, exactly in accordance with the even in such a poor, little, insignificant ca- Dred Scott decision'? Let gentlemen consult pacity as delegates lo a nonminatirtg Conven- the proceedings of Congress at that time, tion; but sllit all into fiamenrts; even the pages 239 and 272 of the Congressional Globe, cohesive power of' public plunder could not and they will find the or ganizi-g atts of the keep therr together. territory which belonoed to the United States. n 1852, they m.de this express and ex- Now these gentlemen who have violated all plicit promise to the people: Elect us to the Constitution, who continued tll the time power, and this slavery qurestion shall never they were doing it to protest that they loved again be agitated, either in Congress or out the Constitution, that they revered the Conof' it. Is not that true? I pause for a reply. stitution, that they honored the Constitution, [After a pause.] Did they not make that and,Jpoor fellows, they could not live without promise to the people? Yet, without regard the Constitution, they remind me of the acto the compact of 1820), which was a compact cunt in:he good old Book, of one man who as contrat-distinguislhed fromn a Constiturtion; met another and said to him:'How art without regard to the compact of 1850; in thou, my brother'?"'' and then drew his sword spite of their express promise to the people and stabbed hirm under the fifth rib so that made in Baltimore city in 1852; in less than he died. And just so with these men who two years after that they violated every loved the Constitution, who honored the pledge which they had made to-the people of Constitution, ivn whose eyes it was all good; the United States when they were asking to yet while protesting their love for it they:get into power; and not only that, they vio. endeavored to murder it, as fair as they were lated the solemn, legal, binding obligations able to do so. of forty years' standing. They wiped out Now it has been a long time known what 3:11 these men were for, these Southern leaders:. to avoid the Constitution and the laws. Said they were seeking nothing more nor less than they, if there was some territory contiguous the reopening of the African: slav.e trade. to our borders, which we could control,then That is what they were for, and they knew the African slave.trade might be leoalized they could not has e that so long as the Con- there, and we could eventually reap the ben-.stitution and the laws of the United States efit of it. Sa;d they, here is the territory of were in force. I have reason to know that Texas, one immense cotton field; if vwe can this. is true, that they were for the reopening revolutionize that and seize it,. declare it of the African slave trade; and I know it independent, run it full of slaves-f'or the from Mr. Clay himself a man they always sl;ve-trade is not against int rnational law; bated, and one they dogged with their perse. only agai:nst treaty stipulations and local cution to his grave. laws-seize Texas, run it full o'f slaves from Several members. That is true. Africa, and then all we will have to do will Mr. SANDS. And I will tell you how I be to annex it to the United States, and then know it. I desire gentlemen of the. Conven- eo instanti the. laws and Constitution of the tion to know it, for it is authentic, and of United States would be over it,.'nd every interest. Mr. Clay's statement was this: $30 of slave property would be turned into That from the earliest times of his association the value of.$1,000; and mwe would have-two with theseSSouthern gentlemen, these'South- Senators pleded to slavery, and three or ern politici;ns, there were two questions to four representatives in the popular hranc of which they especially devoted their at ten'ion. Congress, pledged irrevocably to the mainThe first of these questions was that of (-heap tenance and support of slavery; and while labor for their cotton fields-just marlk this increasing in the proportion of $30 to $1,000 statement, for I have the means of authen- slave property there, we would have a new ticating it; the first question wvas. cheap labor accession of political power in the counting for the cotton field.'The second. was, how to of ive imported savages as three vo ers. Was retain in their own hands, all such political not the plan ingenious? Why, the Constipower as would enable them.to use the Gov- tution they so loved was set at naught; the eminent of the United States in the interest laias passed under it became a dead letter. of slavery. Those were the two questions They -went to work, and it is a matter his-:they were seeking to solve. And I aver that torically notorious Atha-t the battlas in Texas the method they adopted to solve them was were fought by men from the States, led by the rmost ingoenious and:alluring that ever generals from the States. They revolutionwas conceived by the mind of man. ized Texas, filled, it with neDroes, and then What did they say among themselves in stood ready to carry out their nefarious theirprivate consultations? Why, said they, scheme. the Constitution forbids the Afiican slave Then it was that they sent a formal deputatrade; the laws passed by Congress make the tion to Mr. Clay and informed him what they African slave trade piracy, and punishalle were seeking to accomplhsh, after obtaining with death. How are we to avoid this atro- from him first a promise of secrecy in regard cious Constitution and these iniquitous laws? to what they were about to tell him. They For, mark you, if what they called their told him and then proposed to him that if he natural source of supply of labor was opened would give the benefit of his great influence to them-the African coast-they could get in the Senate of the Unit(d States, in support negroes for $30 a head. If it was not for this of their scheme, he should have, though he terrible Constitution, which they all pro- had. theretofore contributed nothing towards fessed to love so much, and the laws. of Con- it, his share of the monetary proceeds and his gress passed in pursu.nce of it, then instead share of the political power which they should of paying you $1,000 for every negro they control. Mr. Clay's reply to them was worthy bought of you to put in the cotton field, they of the man. Listening to them until they could get one fiom Africa for $30., Now how had laid bare before him their vile scheme:in did they act about getting around this Con- 11l its details, he said to them: " Gentlemen, stitution and these liws? you have my promise not to betray you; nor Mr. BERRY, of Prince George's. I would do T believe that you meant me a personal ask the o4entleman if nearly all who were en- affront in thus approaching nme. But to me gaged in the African slave trade, while it your plan appears to be the giant infamy of existed, wvere not people of the North? the agre, for it is nothing mnore nor less th'an Mr. SANDS. All I have to say to gentle- the practical re-opniinig of the Afiiclan slavemen who desire to ask questions of me is, trade; and that, too, not only in violation of that the books are open to them as to me. our Constitution an(t laws, but in the face of As to this question, all I have to say is that the moral and religious sertiments of mana slave-trader, whether he be of the North or kind." That is what the noble old Kentuckof the South, is to me an object of revulsion ian said to them. I have his sta.tement in and horror; all slave-trading is vile and manuscript here in my d slh, and gentlemen iniquitous, and ought to be abolished. can see it whenever they please. He said to These Southern:politicians wanted a plan them: "No, gentlemen; no monetary consid 312 eration, o10 conideration based on political get out of the Union, and they knew that place or power could tempt me to join you- lay only in the slavery question. That is I cantlot betray you, fur you have my promise the true secret of their repealing the Missouri not to do so. But I give you notice now, Compro!ise. They knew that so long as that I will use all the power with which God there was peace in the land they could not has clothed me to its ffillest extent to defeat dissolve the Union, and could not carry out your in amous chemne." The country knows their scheme. There slood the Constitution how gallantly Mr. Clay fought that Texas an- whlich they professed so much to love; there nexation scheme, but it does not know his it stood in th ir way. It was like Mordecai secret reasons for dointg so. sitting at lheKing'sgate, right in their path, And Mr. Cay's declaration is, that the day and they could nrot go up to the gorgeous after the vote on the annexation was taken in feast which, their imainations hadl spread the Ser-ate of the United States, when it was tfor them, as long as the hated Jew was in carrie(l y butone vote-twenty-six to twenty- the way. You remember Haman's fate. five-the leading men who were fully ili- I Mr. BERRY, of Ptrince George's. He was tiated into the objects sought to be accom- hanged pretty high, was he not? plished, said among themselves, the one to:Mr. SANDS. He was, and I believe as firmthe other:' we must abandon our scheme of ly as I bAlieve in my Bible, that lhat illustriyears, or we must get out of this Union." ous example willyetbeimilated. [Applause.] For mark you, gentlemen, and here is the Mr. Clay found those men out; he knew beauttfal feature of their scheme, they did not them well, knrew them like a primner. He intend to stop with the acquisition of Texas. knew that while they were continually cryThere I jy Tamaiulipas, Chihuithua and other nug out-The Constitution! The ConstituMexican States all around the Gulf of Mexico tion I Give us thle Constitution l Tlhe Con-thei e they lay, as they said, just like pears stitution was the very thing they did not fully ripe, reatly to drop in their laps when want. You have all heard of the Irishman they were ready to fgather them. And their who was about to be tilid for some offence, scheme was to go on in the same way With and was in great trepidation. The Judge those States until they had made the Gulf of noticing his uneasiness, said to himn, for the Mex;co in their own laneuage, an inland sea, purpose of leassuring him-' don't be surrounded by slave-holding' St:ites. alarmed, you will have justice done you.'' iMr. BERaaRY, of Priace Gerige's. Is that' Faith," replid Pat, " that is just what I from the se'ret history of' Texas! don't want," and just so with these men; MrA'. SANx)s. It is from the secret history the Constitution was just what they did not ofMr. ClayN which I have in my room and want. can show to gent'einen it they desire to tee it. Now there is another course of constituMr MILLER. Did not Mr. Clay saty that if tional reading I woul'd recommend to the atTexas could be annexed without opposition tenlion of my ritnds here. I do not have he would ie wvill ng to see it done? my speech in my pocket; I have been drawn Mr. SANDS. G,ntlemen c n inform them- into this debate unexpect dly. I am in that selves ulon th it subject in their own way. respect oni a fooling with my friend from Mr. CGay dec'ared that from the time that Ki(nt (Mr. Clintamlers.) But I would ask my vote was talken, and they saw what their fi rinds to read the preamble to thearticics of strength really was; when they determined Conlediratiron, andl hen read the preamble thatt one or' two things had to be done by to the Cons itution. Just listen to what the them,?ith l'r t) ahandon the enterprise which articles of Cunft deralt ion saythey h 11d si fondly atnd devotelly nursed for | Arlilles of' totfederation and perpetual thirty years, or get out the Utiahn-the dec- Union between the Sialt(s of New Hampshire, la-ataoa anio)nig these sou hern )oliticians M1assachuneits B,,y, Rhode Is'atd aind Proviwas to each cther, we must go homte and dence Planrtations, CoLnnecticut, New York, educate our psol)le up to disunion. And if New Jersey," &c. gentlamen will just re d this speech of 1lr. When it was founid, as Washington said, (Clay in 1850 they will there find some inti- that no allianitee lbetween thep:tras, howvever mit ion of these li tets. strict, wtas adequate as a substitute for a Then it was that the disruption of thbs government of the whole, tlhen this ConUn on was de ermine(dupon. Then it was stitutibn was:;dopted, and the preamble at that it was [)treditel minedby these gentlemen the head of the Constitution statesthait l lie lissouri rCompromri e should be re- "We, the peple of the United States, in pealed Aid whly? lBecause they knew that order to form a more perfect union, establish so long as tlhat line stood there wotuld be justice, insure domiestic trarnqility, provide p.ace in the land, and they knew thatso long lor the commonn daftnce, promote the general as there wvs lwnce in the lnd they could not welfare, and securte the blessings cfliberty to get out of he Union They were unwilling ourselves and (,ur postetity, do oidain and to ive up their dar'info scheme, the one the v eslab!ih this Constitution for the United had clherished so long. They must have States of America." somre bone of contention to enable them to Now upon that point I would just like to 313 recommend the reading of the third chapter Mr. SANDS. State sovereignty. of Story's Commentlalies, to gentlemen Mr. CLARKE. Gentlemen will remember who are unenlightened as to the views of that that I quoted from that myself last winter, learnedjurist upon the question of National and commented upon it. and State sovereignty, and if that does not Mr. SANDS. Well, I will read it over enlighten them, then all I shall say will be- again, it is so good, (laughter), and so fully "Ephraim is joined to his idols; let him expresses my views. alone."'Such a topic a few years back, would Mr. BERRY, of Prince George's. To what have been received every here with execraschool of politics did Story oelong? tion; it is here still considered as sacrilege, Mr. SANDS. Well, the fact is, I know a severance of the union of soul and body, more about Chief Justice Taney's politics and only to be thought of' by desperate men than I do about Justice Story's. [Laughter.] or unfortunate maniacs." In 1832, those men who planted the seeds Such were Governor Howard's opinions of of this heresy, ran mad over it then, and the South Carolina school of politics. away down in almighty South Carolina they Now in ref'erence to what the gentleman passed an ordinance of nullification, and from Prince George's (Mr. Clarke) styles the Mir. Clay, in this speech, referred to an in- binding of' poor Maryland hand and foot, stance re.ated by an eye witness. At a meet- and laying her down, like a lamb before the ing held in Charleston, shortly after the or- butcher, or a shetp bef re the shearer, I want dinance of nullification was passed, one of gentlemen to understand that that is not my the speakers declared that if no other State style. I1 have as good a right to the title of joined them, South Carolina would draw her Marylander as any man who sits upon this sword unaided-at that point, some poor, floor. My grandfathers, on both sides, were demented individual in the crowd was so soldiers of Washington, and their bones now carried away by his enthusiasm that he cried lie buried in Maryland soil. And many out —" Yes, and if Souith Carolina does not bound to me by ties of blood, brothers and do it, I will." [Lau bhter.] sisters, now sleep in Maryland soil. I love IMr. CLARKE. That is reliable? her glorious old memory. I know her worth, Mr. SANDS. That'is reliable, I suppose. and I would have her, as she ought to be, a In 1832 the little great State of South Caro- bright star in the glorious galaxy of States lina sent on to Maryland her ordinance of revolving around that great sun, OUl central nullification, the practical result of this doc- government. (Applause.) That is the positrine of States' rights, and asked Governor tion which I desire for Maryland not bound, Howard to lay it before the Legislature of not humiliated; but exalted, bright, beautiMaryland, and asked that body to co-operate fIfl. And she can only be that by acting in with her in it. Governor Hloward said harmony with the laws of her being. Supthat under the circumstances he felt himself pose some planet in your solar system should bound, front meie respect to the State of proclaim and assert its independent soverSouth Carolina, to submit the ordinance to eigrty and rush out of its own proper the Legislature of Maryland, but he did so sphere; where would it go? To darkness with this language accompanying it: and ruin. And the same law that holds "Upon the subject of disunion, I would good in physics, holds good in morals, in speak in still stronger language. Such a ethics, in politics. Let Maryland act up to topic a few 3ears back would have been te- the full measure of her State sovereignty, ceived everywhere with execration." but let her properly obey the paramount auThere may be some gentleman here-I do thority of the Government of the United not undertake to say that there is —but there States, the central arm of our political sysmay be some genttleman here who was at that tern. Let her do that, and you will have her time present il this hall when this document moving forward in harmony, and peace, and was read. If so, then he will remember that glory, and happiness in her proper sphere. the Governor used no mincing language It is my duty to apologize to the Convenabout it: language which, as I said before, I tion for detaining them so long. Still, in would not choose to utter here myself, on ac- justice to myself, and to the people I reprecount of older members present. This is the sent, I could say no less. I would say to my language of Governor Howard: friend from Prince George's (Mr. Clarke)" Sulch a topic a few years back would have and I say it in no disrespect to him-I never been received everywhere with execration; it intend to follow him through the line of aris here still considered as sacrilege, a sever- gument that he pursued yesterday. I would ance of the union of soul and body." just as soon think of wading the Dismal And I commend this now to the considera- Swamp. tion of gentlemen as the wia ding up: Mr. CLARKE. I think you could do the one "And only to be thought of by desperate as well as the other. men, or unfortunate maniacs." (Applause.) Mr. SANDS. I have no doubt of it, for the Mr. BERRY, of Prince George's. Was that gentleman left no clue behind him to guide State sovereignty, or nullification? me. In either case I should be wandering in 21 314 a labyrinth without a clue, and in either case was the first thing that peculiarly attracted alike I should bcc: me hopelessly lost. my attention-the gentleman asserts that at When I vote for this article, I shall do so tihe beginning of this war, the people of because it declares a principle whit h I believe iMdaryland, referring to those who then held i: to be vital to our happiness as a nation. their hands the control of the policy of' the There is a lifference between the sovereignty Sta;te, were strongly UTnion and bad they int of the United States and the sovereignty of all respects been seconided by a governor difthe State, and it is this: the one is para- tering in political views from the one who mount, and the other is subordinate. And then occupied the gubernatorial chair, the the existence of' bloth depends upon keeping State of Maryland would have interposed hereach in its proper sphere. I shall vote for self in faivor of peace, and the civil war twhich the article as it now stunds. now rages throughout the length and breadthk Mr. BELr obtained the floor but yielded to of the land would not have been begun.. Mr. CU-HING, who yielded to Mr. CLAR1nE. In my opinion. Mr. KING, who moved that the Convention Mr. CUSHING. In his opinion. do now adjourn. Mr. CLARKE. I nmade no assertions, only Several MEMsBERns. Oh I no, withdraw the expressed an opinion. motion to adjourn. The PRESIDENT. The Chair will take this Mr. BELT. Before the vote is taken on the occasion to say that if any member desires to motion to adjourn, I desire to say, by way of interrupt one speaking in any wyle, he must personal explantation, that so far ais Iam per- rise and respectfully ask permtission of the one sonally concerned, I am perfctly wtilling to occupying the floor to do so. proceed with myv arcgumient now. But I doubt Mir. CLARnE. I mieant no disrespect. I whether this Convention, having been iil ses- simply desired to say that I mertlyj expressed sion since ten o'clock this mornirg, are in a my individual opinions yesterday, but made condition to listen to me for the hour I maiy no assertions. occupy. Bat the gentlemnan fi:orn Baltiimore The PRESIDENT. The Chair did not sup(Mr. Cushingr), if lhe will allow me to refer to pose Ihat the gentlemnan meant any disrespect. him, wvill probably not want to oci ipy so But as the Convention is cell aware, so much much time as I will. And I would suggest time has been taken up heretofore by these the propriety of hearing him now. interruptions, and so much will be taken up lr.CUSHIN(. I am willing to proceed now, hereafter it' the practice is permitted to conor give way for an adjournment, as the Con- tinue, that the Chair desires to announce vention maty desirev with the underst:anding now that he will interpose in future to prethat I shall be entitied to the floor upon this venti tnese continual inlerruptions. A speaker question, when we meet tc-morrow. has a right to characterize the retlarks of The qut-stion being taken on th: mnotion to another in any way hle may see proper, proadjourn, it was not agreed to. vided he does no( convey any imputation Mr. CSI-IING. Mr. President: I have no upon either the Convention or the individual prepared argument to submit, nor do I de- member. If lie does, then the individual sign to go into all the political questions or member has lthe right to rise to a matter of,sake citations from all the different utithori- personal privilege. ties who rimay have spoken at various times Mir. CLARKE. If the position of a member in the past history of' our country upon the is misrepresented, has he not a right to make issues involved in the question now before the correction? this body. I merely wish to enter imy pro- The PnESIDENT. With the permission of testL so fir as I have ihe power, against cer- the speaker. lain statements and certain assertions which Mr. CUSHING. I understood the gentleman were made uporn the floor of' this House 3yes- from Prince George's (Mr. Clarke) to iput his terday, and xlwhich, if not contrnidicted, may be statement at the timre in the form of all asserregarded by some as reptesenting the unani- tion, wvhich he understood to Le so generally moussenltiment and belief of this body. There admitted that it xwould meet with no denial. were statements and'assertions conttirned in I will say to the gentleman that at the time the argument of nIy friend from Prince to which he refers I happened to be living in CGeorge's, (Mr. Clarke) that struck me as so a portion of this State where there was evinew, so utterly surprising andl startling in dent a sentime)t awh:ch, if it had controlled their import tanrd iniportance, thaat I uwould the State, would most certainly have led to not willingly allow the opportunity to pass different results from those which the gentlewithout at least entering my protest against man from Prince George's adverted to in his their genrer.l acceptance. argument yesterday. I happened to live in a He expressed opinions so strong, that they community where one sinlgle man, acting took the form of' assertions in regiard to the against the Government, presumed to arroposition of the people of this State at the gate to himself the whole power of the Gent;.ime of -the breaking out of the civil war in eral Government, and to lay an embargo which we are now engaoed. If I am not upon the commerce of the port of Baltirmistaken —-and I do not think I am, for that more. 315 Mr. CLARICE. With Governor Hicks' per- glorious past was scorned and scouted by an mission. outrageous mob-I ask those,gentlemen to The PRESIDENT. The gentleman must not tell me if they believe, with Enoch Louis Lowe interrupt the speaker in this manner. in control of the destinies of this State, this Mr. CusnHNG. Without Governor Hicks' civil Wsar would have been averted? permission. I never have thought, nor do I yThe gentlelman has told us thaLt the cause of now thinrk, that Governor HIicks act(d up to the war was a coterie of Govetnors of Norththe full measure of' his duty at that time. ern States and so-called Union men in the But wt,ile I think he failed essentially in that Border States. The cause of the war? As to strong manliness that should have led him to that let l,istory speak. Why, sir, the cause have stood up boldly agaicnst men who were of this war can be ifolnd as tar back at least then attempting the controversion and the as the day when Thomas Jefersol said-I subversion of the laws and the suprein- quote not the words exactly, but I give his acy of the United States, still I believe idea-" I tremble when I remember that God that but for the partial lesistance of the is just; and if' ever a conflict shall arise on Governor, they would have succeeded, the sutject of this dark blot upon our national and gladly succeeded, in sweeping our escutchleon, I fear we cannot count upon State into tie vortex of secession. Their having the aid of the Almighty with us; befa-ilure to do this, I do hold, was due to the cause, having began with the proud and genpartial resistance of Governor Hlicks, aided eral position that immortal souls were created by the ktnowledge that hbudreds and thou alike by their Crea.tor, we now deny to these sands at tle North had arisen at the first shot slaves even the knowledge of the God who fired at Fort Sumter, teaching us that we imade them, I fear that Omnipotence will be dare not put ourselves in the way of' such an against us," Tie cause of' the war? Why, avalanche. Ar d when a few days after the sir, we can go back: for more than thirty outbreak at Baltimole, when the people came years and find that the people of this country, to decide upon the menmbers to be sent to the or at least the portion ~where this civil war State Legislature, then about to assemble the is now ratging most fiercely, have been invote of the minority in that election w as so structed by a tman who was instigated by all terribly potent, atid revealed within that i tat was fiendish, so far as the interests of community so strong an opposition to the this country w(ere concerned, and gisted with views that those representatives entertained, all the subtlety that the father of' lies could that per fircc they hald to piiuse. give him; who for thirty years wielded the Now, if we had had a Governor of the nminds ot onre portion of our country as a principles entertained by a certain ex-Gov- strong man would wield the actions of a ernor, who professed to be the exponent of child, who instructed them year after year the opii)iors of' the dem(cratic partl —I refer that uiless slavery could control the whole to Enoch Louis Lowe-I would ask tlhe gen- power of this Government, unless the extentleman if lie thinks that, wilh that man in sion of' slavery was to be without limit, then the gubernatorial chair, lMaryland to-day this Government had better be destroyed, for would have been in the Union? And d( es hie, like his discipiles, would ratt:er rule in not the gentleman believe that, had the.t in- hell than serve in heaven. They could not dividual been in the executive chair of' this bear t1hat the embrowned and hardened hand State, the flood of civil war would have of' labtr should rule them. Theo cotild not swept over the plains of Maryland? le bear that the voice of labor, spealking through would have eten a proper Governor to con- the people of the North,, sh(tuld beals powertrast with Governor Hicks, es a n)an relire- f'ul as ihat which thea desir'ed to exert. They senting diametrically opposite views upon could not )bear that th(,ir claim of right to the the fundamen'al question of' the supremacy offices of' the Goverument, that their almost of the Federal Governlent —which is -the hereditary right of legislation upon n all that question at issue before this Convention. I i concerned their rcspective States should give say that Enoch Louis Lowe would have beenr way before the broad light of the intelligence the proper representative of principles oppo- of tile North, ttnd what have they done? site to those inaintained by Governor ilicks; Through the mou hI of their present leaderand I cite those two men as repr(sentatives Mr. Jefferson Davis —they have trumped up of opposite views, the one in contra-distinc- the cry th.t theNorth having sold their slaves tion to the other. And I ask gentleamen — South, and having got rid of their slave who with me lived in a portion of this com- property at high prices when it hlad ceased to munity when a man dared not, in the streets be valuable, is bound by the terms of the of the city where lie lived, say tl at he stood contract, arnd by the good faith of a vendor, up tar tlle Union of' these United States, be- to hold to the oaiginal compact, which they caume te would be mobbed; when, for the had refused to do. samre veason, he dare not visit the graves of But does the gentleman remember that a his fathers and say,' I hold to that which stronger man thln Jeferson Datvis, a man you taught me as my duty;" when every especially selected by the Secessionists so that right which had been secured by us from the if in the Providence of God it should so hap 316 ped that Jefferson Davis should die, they ion of the men of that day was, that somemight have a better and an abler man to suc- how or other in the order of Providence, the ceed him, though not considered so available institution would be evanescent and pass at the time for the first place-does the gen- away. This idea, though not incorporated in tleman remember that a greater man, with a the Constitution, was the prevailing idea at greater mind, with a broader intelligence, has the time. The Constitution, it is true, senot shrunk from coming directly to the point, cured every essential guarantee to the instiand placing on record the direct assertion tution while it should last; and hence no that the statement made by Mr. Davis is not argument can be justly used against the contrue? Does the gentleman remember that? stitutional guarantees thus secured, because Yet it is so, and for the satisfaction of gentle- of the common sentiment of the day. Those men here, I will read the words of Mr. Alex- ideas, however, were fundamentally wrong, ander H. Stephens, showing exactly what they rested upon the assumptionof theequality their new government was founded upon. of the races. This was an error. It was a He says: sandy foundation; and the idea of a govern" Our new government is founded upon ment built upon it-when the storm came exactly the opposite ideas, [that is, the ideas and the wind blew, it fell.' " advanced by the great men of this Republic Now when we talk of the cause of this war in former days.] Its foundations are laid, its let us go backl to the opinions of the men corner-stone rests, upon the great truth, that who foresaw it, tand they tell us that there the negro is not equal to the white manll; that would come a time when these men, drunk slavery, subordination to the superior race, is with the full cup of political power, accushis natural and normal condition. This, our tomed for long years to rule and guide and new government, is the first, in the history of control the action of' this country, finding the world, based upon this great physical, that the spread of general intelligence, of philosophical, and moral truth. This truth education, and of learning would oppose to has been slow in the process of its develop- their power a stumbling block over which ment" — they might not pass, whenever'that time And well he might say so, remembering the came, would make an effort to dissev* —.teachings of Jefferson, Jay, Livingstone and er this Union. This war is the fruit of other great men. slavery. " This truth has been slow in the process The gentleman then told us that Maryland of its development, like all other truths in the is manacled and in chains, that her voice is various departments of science. It has been stifled and she may not speak as she would. so even amongst us. Many who hear me, And as for him, he says he would have her perhaps, can recollect well that this truth was speak now worthily, and not in humble syconot generally admitted, even in their day." phantic terms df subservience to federal powHe well knew that he could not go back er; but in utterance worthy of her part. ore generation for the approval of his theory. Does the gentleman remember that at the He knew very well that pecuniary interests time of the formation of the Federal Constihad built up and given rise to the theory tution, one of the leading men of Maryland upon which he professes they have founded advised her people strongly not to ratify it, thleir great idea of government. He says because they would thereby be binding themabout their new Constitution, their new gov- selves as parties' to a wrong so great that no eminent- government might hope to live under it? i' The rew Constitution has put at rest for- And on the one single ground of slavery, the ever all the agitating questions relating to State of Maryland was called upon and warned our peculiar institutions-African slavery as not to join in the Federal Government, it exists amongst us, the proper status of the because its Constitution contained in it an negro in our form of civilization. This was admission and an allowance of slavery. the immediate cause of the late rupture and Maryland manacled and in chains to-day? present revolution. Jefferson, in his forecast, Maryland bound to-day, when in the freedom had anticipated this, as the rock upon which of her Convention, joyfully and with delight the old Union would split. He was right, she is about to proclaim the fact that three what was conjecture with him is now a real- years of civil war has taught her that in this ized fact. But whether he fully comprehend- Union alone is safety to be found, by subed the great truth upon which that great mitting to the supremacy of the Federal govrock stood and stands, may be doubted. The ernment; that by the Constitution of the prevailing ideas entertained by him and most United States alone, have republican instituof the leading statesmen at the time of the tions been guaranteed to her; that for three formation of the old Constitution were, years has she been wrapped and cradled in that the enslavement of the African was in the arms of the Federal Government; and violation of the laws of nature; that it was though the tide of invasion has rolled upon wrong in principle, socially, morally and her frontiers, for three years has the whol politically. It was an evil they knew not power of the Federal Government been exer w ell how to deal with; but the general opin- cised to sweep it back, so that she is free to-day 317 Let me tell gentlemen when they talk about giance to that government. Would the genthe condition of Maryland to-day, to contrast tleman receive friom the Federal Government that condition with that of Eastern Tennes- its protection and every benefit that it can see. Let us compare for a moment the effect confer upon him, would he continue to live of the supremacy of the Federal Government cradled in the lap of comfort and safety, and which we are called upon here to-day to as- not even say to the power that guards and prosert, ilth the supremacy of a government tec!s him-I yield you my allegiance and due represented by the commissioners who came obedience according to the Constitution and to the State of Maryland asking her co-ope- laws? I think it is but little in return for ration in this nefarious scheme of rebellion. all that the Federal Government has done Peace men the gentleman called them. Let for the State of Maryland, that in this her us see the practical working of these States' first Convention since the breaking out of rights men in Tennessee, where a majority of' this war, she should speak in terms so clear her people were in favor of remaining in the and unequivocal that no man living can deold Union of these States, which majority iny their meaning; that the historian of the has never been denied, so far as I know, by future in looking over the record of to-day the strongest advocate of secession, never shall see that after three years of the experdenied even by Mr. Jefferson Davis himself. ience of disunion and civil war, the repreThere in Tennessee, under the so-called Con- sentatives of Maryland in Convention assemfederate Government, we have a people man- bled, first and foremost in her Constitution, acled and chained indeed; hunted like wild did what the gentleman thinks to be sycobeasts-let the gentleman think of it-white phantic and unworthy, but what I know to men hunted to death by dogs, becatse they be a thing of honor, a thing of beauty and a dare to say that they are in favor of uphold- joy forever; that Maryland first of all the ing the government which their fathers made States before the congregated world asserted for them, and which for seventy-five years that she held her paramount allegiance to be ihey have lived peaceably and prosperously due to the Federatl Government. under. Have gentlemen thought what it is The gentleman says allegiance to the govto be under the supremacy of the Federal ernment is measured by the protection reGovernment and under the supremacy of this ceived. Now Mr. Alexander H. Stephens, other? One is to be as Maryland is here to- some six weeks before he took the place day, free, happy, her people in the enjoyment of Vice-President of the Southern Confederof every comfort of lIfe, their houses unin- acy, when addressing the people of his native vaded and undisturbed. The other means State, exclaimed: "Where, travelling the that the wife and the hushand fly different circuit of the sun, will you find a government ways, if haply the husband may divert from which so perfectly and completely protects the steps of his, flying wife, the murderous the right of every one of her citizens, as this scent of' the remorseless blood-hotnd. Does Government of the United States." I fear the gentleman think of this difference? That me the temptation must indeed have been we go out here to-day upon our highways strong that in six weeks could have underand breathe the sweet perfumes of spring mined a nature that could have made that flowers and hear the voices of birds, instead statement. But he has left the words on of' being compelled, as those, to breathe an at- record, to the utter and eternal blackening of mosphere tainted by the corpses o/ men dang- his own flatume. And all repentance, through ling from the trees along the road side, he- all ages, may not wipe out the infamy of the cause they were in favor of upholding the fac;t, that the government of which he could government of their fathers? That is the truly say that it had ctmm itted no act of difference between Federal supremacy and aggression on any of the rights of its citizens, Confederate supremacy, the difference between he could basely assail and basely attempt to happiness and misery, the difference between destroy. Protection! what is the protection heaven and hell, the difference of lying in the given by the State of Maryland? When the lap of the All-MAerciful and being goaded by gentleman is in a foreign land, to whom does the tortures of the demons damned. That is he apply for protection; the State of Marythe difference between the supremacy of the land or the Government of the United States? Fe'deral Government and the stupremacy of the Why, they do not know there what the State Confederate Government. And God pre- of Maryland is, even if they have ever heard served the State of Maryland-(cries of of it. They do not know our State bound"Amen" from all sides of the House)-that aries. Their journals gravely inform their she mav ever hold firmlv to the faith of her readers that an election has been held in New fathers, that government for which they York for a governorof Pennsylvania. Should fought, for which they bled, for which they the gentleman go into ally part of' the Medidied, as a shield from every assault and from terranean, would we say that he was a Maryevery sorrow. lander? No,- but that he was an American, a And for all this which we have received word of significance wherever human foot from the Federal Government, we are asked has trod: a word of power wherever human to simply acknowledge our paramount alle- voice has uttered the English tongue. It is 318 recognized as a protection so complete, that the common defence of the country. Not no other government on earth has been able consolidated? Not strong? I tell you that to obtain from despotic governments that for three years there has been exhibited here measure of protection for its citizens which a consolidation and Dower which has been the American Government by the inherent the wonder and the fear of the world. So power of the principles on which that govern- consolidated that when you come to talk of ment is founded, has controlled for its citi- States, when you come to talk of the State of zens. And yet, would gentlemen give that Maryland, you dream of some glorious tradiup? Would they eschew it by saying that tion of the past, and wonder where the State their paramount allegiance is not due to that of Maryland may be. I-ow do we know it? government upon which they call when in a We know it because we have heard of South foreign land and protection is most needed? Mountain and Antietam, because our homes Do they call on the Governor of Maryland to have not been made desolate, but the hosts of save them, when haply they need assistance? the invader have been hurled back foiled and Did the Governor of Maryland free American discomfited by the power of the General citizens from the dungeons and prisons of Government. As for any power in the State Morocco? It was to the Government of the of Maryland to have saved us, we know it United States to which the cry for help was not. For any consolidation of power we go borne up, and it was the Government of the to the strong central government. United States that stretched forth its arm to For seventy-four years we lived, hardly save. knowing that we had a government. For Yet the sovereign State of Maryland in seventy-four long years we let our representhe sense which the gentleman gives to sov- tatives in Congress vapor as they would of ereignty, is such as to overshadow the sover- State' sovereignty; it concerned us not. eignty of the General Government A soy- Peace, happiness,' posperity, plenty, spread ereita State which may not emit bills of all over our land, and we knew not that we credit; which may not make war or peace at had a central government. But the hand of its discretion; which may not coin money; the heathen was laid on the ark of the Alwhich may not enter into any treaty or mighty, and the enemies of the nation went agreement with another State or power; a down. Then you knew you had a governsovereign State which is bound by treaties ment, the strong hand and the outstretched made by a portion of the United States Gov- arm which told you that your government ernment. It is sovereign in municipal af- was not powerless lo save-that it did not fairs, but in broad, national affairs it is not recognize the principles which made it prosovereign. Why, sir, after the cessation of vide for its own self-destruction. It told you the revolutionary war, before the Govern- that the men who lived long ago, wlre not ment of the United States was established, utter fools and blind; but that they had while the States retained their sovereignty, given an elasticity and comprehensiveness to and Great Britain had made a solemn treaty the government which they established, that to deliver tiup to the United States certain until it was necessary to be used we happily forts and armed places, she refused to deliver knew not of. But when the time of emerthem up because there was no gLovernment cency came, we found that the glove was an which she recognized as having authority to iron gauntlet; that the band which we had receive them. And for that purpose, and to been accustomed to see tremulously swayed form a more perfect union, " We, the people hither and thither by the voice of petty polof the United States" decreed this sovereign iticians, became a strong cable which bound government which Great Britain could re- the good ship of State to the tug which cognize. hauled it out of the stornmy waters into And the gentleman scouts and scorns the the harbor of peace and safety, from which idea of any man calling this a consolidated with the blessing of God, she will never degovernment. Now asforme, thoughIthrow part. And every opponent shall be beaten myself under the crushing weight of the gen- down until all shall declare what Maryland tleman's sarcasm; and thouguh I may be declares to-day, that the paramount alleborne down by the weight of many tomes giance of all her citizpns is due to the Govwhich he may bring here of men whose an- ernment of the United States. thority I do not recognize, yet.I tell him that Gentlemen start at the word " governthe last three years has shown a consolida- tment." But why? What is government tion of government in this country, the like but the organiz(cd expression of a State. You of which the world has never before seen. cannot hold allegiance to a State except It has shown us thousands and hundreds of through its organization. It is not alone the thousands of armed men wielded and con- people of the State, or of the United States trolled by that government for its purposes; that constitute the government. All we can it has shown us the agents of that govern- recognize is the organized expression of the ment going into your house and mine and people, which we find in the government. drafting you and me as individuals —not as And does the gentleman remember when he portions of a State but as individuals-for talks of laws of the United States, not made 319 in pursuance of the Constitution, being of no appeal, accompanied his decision with an imbinding obligation upon the citizen, that he passioned declamation, wherein, with prowould make every individual in all the length found iaomorality, which no one has as yet and breadth -f our land an authority to de- fully laid bare, treating the people of the cide the constitutionality of a law of Con- United States as a shrew to be tamed, by an gress? By what right does the gentleman open scorn of the facts of history, with a pronounce an act of this Government uncon- dreary industry collecting casts where justice stitutional before the Supreme Court of the may have slumbered or weakness been opUnited States has so decided it? By what pressed, compensating for want of evidence light does the gentleman declare this war 0y confidence of assertion, with a partiality waged for the enslavement of the white race, that would have disgraced an advocate neuntil the Supreme Court of the United States.glecting humane decisions of colonial courts has so declared? By what right does he tell and the endiuring memorials of colonial us that to-day we are enacting a clause for the statute-boks, in his party zeal to prove that enslavement of the wbite race because we de- the fathers of our country held the negro to clare,he supremacy of' the General Govern- have'no rights which the white man wrs ment? Is the gentleman aware that he is as- bound to respect,' he has not only denied the suming upon the floor of' this house preroga- rights of man and the liberties of mankind, lives which the possibly defective education but has not left a foot-hold for the liberty of of our youth taught us belonged only to the the while man to rest upon." Supremie Court of the United States? The gentleman has told us that the ConstiAnd then the gentleman brought us to the tution of the United States was made for white Dred Scott decision, and I thank him for do- men alone. The gentleman forgot that in ing so. I thank the Almighty that for once five States of this Union, on the question of in the courseof my lile I have an opportunity the adoption of the Federal Constitulion, free to raise my voice in. protest against an ini- black men voted, and that their disfranchisequity so foul that I wouder the man who per- ment arose afterwards from particular State petrated it would ever appear in the face of statutes. The gentleman forgot the facts of honest men again. Forgetting that the court history, when he told us that the Constitution over which he presided was a court of' appel- was made alone for white men. The gentlelate jurisdiction alone, he travelled out otf the man forgot that at that day the free black record, and assuming original jurisdiction for man in North Carolina voted upon the quesparty purposes, gave voice to language which tion o.f the adopti(iu or rejection of the Conset at nought every fact of' history and every stitution of the United Stat (s, and that the truth and principle of the Government under vote of one black man might in that State which he lived. I will read to gentlemen have controlled the quest on of the adoption from the opinions of a Democrat, a membtr or rejection of the Constitution under which of the party to which the Chief Justice him- we have lived so long. And Xwh h ive gent!eself belongs, concerning this Dred Scott de- men who have gone before the gentleman of cision. 1 refer to the Hon. George Bancroft, Prince George's (Mr. Clarke,) in more exthe historian of America. Hear what he tended p)olitical arenas than this, why have says: they deliberately falsified the facts of history, "During all these decisions the United why have they perverted the truth, except as States stood unchanged, admitting none but a course of education for their people which the slightest modifications in its charter, and should finally bring on, what it has brought proving itself the most stable (;overnment of' on, the present civil war? the civilized world. But at last' we have And then the gentleman tells us that there fallen on evil days.'' The propitious smiles is a day of retribution coming in Maryland, of Heaven,' such are the words of Washing- for those of us who vote I-for this article. ton,'can never be expected on a nation that Now to those of us who have lived for the disrecards the eternal rules of order and last three years in Maryland, who have felt right.' During eleven years of perverse gov- that if the day ever comes when the supremernment, thoserules were disregarded; and it acy of the Federal Government is not acctame to pass that men who should firmly knowledged, then there will be no place avow the sentiments of Washington, and in Maryland for us, this idea of a day Jefferson, and Franklin, and Chancellor Liv- of retribution matters not. It is not an idea ingstone, Nwere disfranchised for the public which should influence us, under any circumservice; that the spotless Chief Justice whom stances. For the vote in this tody that can Washington placed at the head of our S i- be controlled by the fear of possible retribuureme Court could by no possibility have tion is a vote that can always be bought. been nominated for that office, or confirmed. From mere respect to the essential manhood Nay, the corrupt influence. invaded even the of those of his associates here, who he thinks very house of justice. The final decree of the may vote for this article, the gentleman might Supreme Court, in its decision in a particular have spared us that reflection; from the mere case, must be respected and obeyed. The fact that, if we are not the best sort of men, present Chief Justice has, on one memorable we are at least white men and brothers, the 320 gentleman might have left out that imputa- day, as I have so often done, have heard the tion upon our possible motives. funeral dirge of the brave men who in the And now, in conclusion, I desire to say pride of their youth and strength would halve that there was one thing I regret most deeply counted it no pain to have died upon the field in connection with the remarks of the gen- of battle for their country, but who had been tleman from Prince George's (XMr. Clarke.) taken prisoners, trusting to the generosity of It is that with all the eloquence with which the foe into whose merciless hands they had the gentlemnau expressed his views yesterday, fallen, and had come back here hut the mere I heard not one single expression of hope skeletons of former days, with hardly the that, aside from any question of the original power to drayr their weary bodies to this cause of this war; aside from any question place, here to die, far from friends and home, of right or wrong, even on his very doctrine the victims of a cruelty that could feel no of States rights, as a citizen of Maryland; I admiration for brr.verv, no compassion for heard not one single expression of hope that the helpless condition of those in their power. the side on which the State of Maryland has I think, had the gentleman heard that funeral arrayed herself should succeed; that he did dirge day after day, had he seen the bodies of not say before this Assembly-God be with his country's brave defenders borne to their my country right or wrong; that there was last resting place, and reflected upon what no expl'ession of hope that the side to which had brought them there, their dying moments his State has looked for help and protection unsoothed by any ministration of love and might be triumphant. The gentleman told kindness except from strangers, his heart us that this war is waged for the oppression would have bled with pity; his pulse would of cne party; that itis one waged to deprive have throbbed with indignation, as lifting them of their rights and their property. But his hand to Heaven, he would have sworn the gentleman should remember that for three that under no circumstances could he ever years his State has arrayed herself with the uphold or believe in a doctrine which sympaparty he thus ch~arges with improper pur- thized, in the remotest degree, with the docposes; and he might have remembered that trines of a class of men who would do these he is here to-day from his votes. I protest also:against ard. So far as I am concerned, whenever a making the croakings and growls of' those question of this sort is brought up, I shall be who are constitutionally hypochondriacal governed by the reasons which may be:as- and fault-finding in all they say, a rea:son signed in reference to the motion to adjourn. for spurring this Convention into haste in I thinlk considering the magnitude of the their labors. You may remember the story issues which are to be settled in the coming of the man and his son and the don-key, week, courtesy to you, Mr. President, and: travelling along the road and attempting to courtesy to a number of gentlemen up-on this please everybody. The result was that they floor who' are members of that Convention, pleased nobody. We shall be exactly in that courtesy to gentlemen who may not be meom- condition if we attempt to please everybody. bers but may desire to go —and I should like We are to judge, every man for himself to be present at that Convention myself and whether our: presence is required here. see how things work there-taking all things In behalf of those with whom convenience into consideration, I hope members will not' or business have been paramount and preo be go'verned in their vote upon adjournment vented their attenda'nce here this morning, I by the idea that their constituents measure: will say that it was generally presumed aiid their popularity at home by the low-standard understood to be the purpose to adjourn over of such a smell issue as this. That is bring- during the Convention of next week, and ing the judgment of the people to:a standard they have taken occasion to visit their famiby which certainly in one section of the lies. I say it is unjust to bestow on them country no: one is measured. the seeming censure which has been uttered Mr. Brany, of Prince George's. I will say this m orning waith reference to them. It may to my friend froml Baltimore city, (Mr. Cush- be very convenient for those who are here ing), that if we have not been able to convince and who are within a few hours of their famihim of the correctness of ounir conclusions, it lies, and can see them every night or every has not been for the want of a trial; and the week, to talk again t adjournments, and inconclusions of his mind we are not responsi- sist upon staying here. Yet the records will ble for. It must havebeen hi':misfo.itun'e and show that those very members are absent, not our- fault that he is not: nowa good States' considering the circumstances of their nearrights' man. And I will say for the minority ness to their homes as often as any other here, that we scarcely expected any gooni out members of the Convention. Some considerof Nazareth. We came here expecting noth- ation ought to be shown for members whose ing. We came hereto see the majority tear families are a hundred miles from them, and down the great fabric whii h has protected who in order to visit them must go by the us' for so many years; and we hope thei day cars to Havre de Grace or Wilmington, and mayBcome when it will be our portion to re- then a hundred miles further to their homes. build it on the same base with thie same per- It is not to be expected that every man will fection. sit here from sunrise to Sundown every dcay Mr. N GLEY. Our constituents sent us dtrinm the session, enjoying none. of the here and we are bound to do our duty. It is comforts of family or home, but remaining no low consideration. There is a moral ob- here, whatever might be the circumstances, ligation resting upon membeTs of this Con- during the session of the Convention. We vention, at least upon the majority. There are not impelled by such an immediate neis no obligation at all upon tle mi'nority, for cessity to have a new Constitution formed I think their ticket were headed I' No Con- here. Cannot we get along for a little while vention," and their province' is to tear down longer as we are? We have an executive. what we are attempting to build up. They We have a Legislature if it is necessary to will do it here and they will do it when they call them together. We have a Judiciary. go back. We came here, and it is our duty Do not all the functions of the government to the people who sent us here to go to work, -go on quietly and peaceably? 354 We met here as a Convention, strangers to sonable indulgence. I would not serve a each other, nearly a hundred men to become constituency that would grumble at a man's acquainted with each other. Committees going home to see his family occasionally. I were to be formed and to meet. Questions do not believe they would. I know that were to be discussed; and they are discussed I grumblers exist everywhere. It is constituout of the House more than in the House. I tional with some men;, and if they did not venture to say, that there is not a mess of have something to grumble about, they would boarders in town, where two of our members be the most miserable people in the world. are together, that the questions do not come They will find something or hunt up someup how the judges shall be appointed, what thing to grumble about, in any event. It is shall be the jurisdiction of the Courts, and a great relief to them to see the doings of this other matters which we are to decide. Those Convention in the papers in the morning, for questions are discussed and views are inter- it furnishes them just what they want-somechanged, and they form the foundation of thing to grumble about. I say of them as action here. It takes time for men to argue the man said of his wife's opinion, it does upon such questions and ascertain each others -pot hurt me and it pleases her. I have no views; and there is a great deal of discussion objection to their grumbling to their hearts' in private conversation out of the House, content. Let us enjoy the pleasures of social obviating the necessity of so much discussion intercourse precisely as if there were no such in the House as would otherwise be necessary. people, for we may be sure it will be a relief It so happens that there is a very exciting to those who have this unfortunate constituConvention to be held in Baltimore during tional disability to be pleased with anything the coming week; and a great many gentle- that comes along, to have sometbirg to grummen will feel it to be their privilege to be ble about. there whether this Convention adjourns or Mr. CusHING. As the yeas and nays may not. I do not see that it is a very unreason- not be called, and I may not therefore have able expectation that they should have the an opportunity to explain my vote, I am unopportunity to indulge their desire. I have der the disagreeable necessity of saying now no desire to be there. I am perfectly willing that while I was converted from voting for to stay here all next week. But I know other the adjournment by one member from Prince gentlemen will have their convenience and George's, by another member from Prince wishes gratified by being allowed an opportu- George's I am converted back; and I now nity to attend there. I am willing to gratify intend to vote for. the adjournment until them. I thinlk it is a reasonable gratification. Thursday. I am willing to take the responsibility upon One word to the gentleman from Prince myself. I deny that the majority are respon- George's who said with reference to Balti.sible fo-r these adjournments more than the more city, that the minority did not expect minority. I am willing to take our full share any good out of Nazareth. I remember that before the people, and let each man answer that same thing was said once before, and to his own constituents and to his own sense that was also said by a minority, the minority of duty. Whenever a case arises where a of one man against the Almighty. Perhaps, member thinks it proper to go or that the for aught he knows, there may come out of Convention should go, each must determine -Baltimore city that which may be to the party that question for himself. that he represents, the same thing that came While he is in his seat each member is out of Nazareth for the Jews, a savior for obliged to exercise the best faculties of his them, 1 will only add a single sentencemind to serve the people for whom he came " Jew, I thank thee for that word." here, by aiding in the formation of the best Mr. MILLER. I dislike to say a word upon Constitution for the State of Maryland that the question of adjournment at any time; he can possibly devise. That is my idea of but the circumstances under which we meet the responsibility of members of the Conven- to-day induce me to vote for the adjourntion, to their own consciences and their sense ment. There is just one member more than of duty. quorum li-ere this morning. Whether we I do not believe that on Thursday or Fri- vote for the adjournment or not, Monday, day we shall be likely to have a quorum; and Tuesday and Wednesday will find this body I think if the Convention is to adjourn at all, without a quorum. We know perfectly well it will be better to adjofurn to the Monday that members will leave whether we vote for following. I am personally willing to take theadjournment or not. I will not comeback any day members may select. I do not ex- on those days. When a portion of a delibpect to visit my home in the mean time; and erative body manifest by so large a number I am willing to stay here. But I vote for the of their members, a disinclination to be adjournment believing that a great many present on particular days or on a particular members have gone away, not expecting a occasion, it is always best gracefiully to yield session next week. They have gone to visit to that disinclination, and not keep a few their homes, from which they have been ab- members Coming heie day by day merely for sent two or three weeks. I think that a rea-. the purpose of adjourning over for the want 355. of a quorum. That is a practical difficulty adjournments for any purpose before the first which I think members should take into con- of July, or about that time, when I appresideration. They should remember that they hend it will be absolutely necessary for this cannot control the members of a deliberative Convention to adjourn. But I intend to vote body. in the affirmative because I have a positive Mr. DANIEL. They have tried in Congress assurance that there will not be a quorum several times to adjourn over for this very ob x here on Monday morning. I regret to have ject, and have refused. If Congress, politi- met assurance; but I have heard enough cians per se, who are more interested in this members say that they shall not be here to body than we are, will not adjourn over for prevent a quorum on that day, otherwise I it, what interest have we in it which should should vote —no. As it is, I vote-aye. induce us to adjourn over? I have heard The motion was accordingly agreed to. nothing at all upon the other side which con- ABSENTEES. vinces me that we ought to adjourn over. On Mr. HEBB submitted the following order the contrary I believe the great object of ad- Ordered Thathereafterno member of this journing is that members here may have full Convention shall receive any per diem for houses to hear speeches. While I would not such time as he mar be absent, unless such precipitate voting when members are absent, absence is occasioned by sickness, or by perI do not think, as no vote is to be taken to- mission of the Convention. day, or will be taken Monday or Tuesday, Mr. THOMAS moved that the consideration we need to adjourn over. If we come here of the order be postponed until Thursday on those days, even if there is not a large at- next. tendance, we may have a parcel of speeches Mr. HEBB. The only way of getting memdelivered, and on Thursday we have a vote. bers here is by some such order as this. Mr. DANIEL demanded the yeas and nays Mr. ChLAReiE. b When the order comes up I upon the amendment to adjourn until Mon- shall move to amend it, so that after Thursday, June 13th; and they were ordered. day next the per diem of members shall The question being taken, the result ws- cease. If members want to be economical, gyeas 18, nays 33 —as follows: - let them come up and adopt the proposition Yeas —Messrs. Abbott, Berry: of Prince ofthe minority. George's, Clark, Cunningham, Davis of Mr. THOMAS. I am in favor of the order Charles, Duvall, Hodson, Horsey, Jones of as offeredand I know there are members Somerset, Marbury, Markey, Miller, Morgan, absent to-day who would vote for it. Peter, Pugh, Smith of Carroll, Thomas, Wil- Mr. BorT. Is not that the same propomepr-18. sition which has before been voted down? fNays-Messris. Goldsborough, President; The PRESIDENT. The other was a resoluAnnan, Audoun, Baker, Cushing, Daniel, tion, and this is an order. There is a subDavis of Washington, Dellinger, Earle, stantial difference. A resolution must lie Ecker, Farrow, Hebb, Hopper, Keefer, Mc- over. Comas, Mullikin, Murray, Negley, Nyman, The motionto postpone vas agreed to. Parker, Russell, Schlosser, Scott, Smith of Worcester, Sneary, Stockbridge, Swope, DEBATEl ON ADJOURNMENT OVE r. Sykes, Thruston, Todd, Valliant, Wickard, Mr. WIcKARD submitted the following orWoodeu —33. der: So the amendment was rejected. Ordered, That no member shall address the MIr. DANIEL demanded the yeas and nays Convention more than once on a motion to on the motion to adjourn until June 9; and adjorn over; and sch remarks shall ot they were ordered, exceed three minutes in duration. The question being taken, the result was- of uled out of order, eing in contravention yeas 27, nays 23-Ias follows: of the rules already adopted for the governYeas-Messrs. Audoun, Berry of Prince ment of the Convention. George's, Clarke, Cushing, Davis of Charles, DECLAR.TION OF RIGHTS. Duvall, Ecker, Farrow, Hopper, Horsey, On motion of Mr. PUGH, Jones of Somerset, Marbury, Markey, Me- The Convention resumed the consideration Comas, Miller, Morgan, Murray, Peter, Rus- of the order of the day, being the second sell, Smith of Carroll, Smith of Worcester, reading of the Declaration of Rights. The Sykes, Thomas, Thruston, Valliant, Wilmer, pending question was the motion of Mr. Wooden-227. Briscoe to strike out the word " paramount" Nays.-M-essrs. Goldsborough, President; from the 4th article which was read as folAbbott, Annan, Baker, Cunningham, Davis, lows: of Washington, Dellinger, Earle, Hebb, Kee- Art. 4. The Constitution of the Untied fer, Mullikin, Negley, Nyman, Parker, Pugh States and the laws made in pursuance thereSchlosser, Scott, Sneary, Stockbridge, Swope, of being the supreme law of the land, every Todd, Wickard —23. cit;zen of this State owes paramount allegiance When his name was called, to the Constitution and Government of the Mr. VALLIANT said: I am opposed to all UhllitedStates, and is not bound by any law or ordinance of this State in contravention or upon this article; but he was called away subversion: thereof. from the: city by: a dispensation of Divine Mr. TiIo.As. As there appears to be an in- Providence, as stated- in an order which I ofdisposition to address the house on this sub- fered this morning. ject, and as there is no other business: before Mr. PUGH. I altogether overlooked that. us, an:d: as a tramin of cars starts at hablf past: Mr. NEG-LE~. There:are five or six speeches two o'clockl I move that:the Convention ad- to be made before the chairman will be rejourn. quired to speak. Why not go on with them? Mr. PUGH demanded the yeas and nays; I can see no earthly reason for the postponeand they were ordered. Iment. The House is as full as it was yesterday. The question being taken, the result was- Mr. PETER. My idea is that we come here yeas 156, nays 33-as follows: to be enlightened by each other; not theat Yeas-Messrs. Berry of Prince George's, two or three of us are to stay here and deClarke, Cunningham, Davis of Charles, Du- bate, but that all of us should be here and vall, Horsey, Jones of Somerset, Marbury, have the benefit of what is said, except in Markey, Miller, Morgan, Murray, Peter, certain cases wheresomre may be sick, and of Thomas, Wilmer-15. course could not be expected to be here. But Nays. —Messrs. Goldsborough, President; I this morning we have a bare quorum of fifty Abbott, Annan, Audoun, Baker, Cushing, present. Is it right when a matter of so Daniel, Davis of Washington, Dellinger, much importance is pending, that we should Earle, Ecker, Farrow, Hebb, Hopper, Mc- go on and debate with so few members preComas, Mullikin, Negley, Nyman, Parker. sent? Some members have not had the adPugh, Russell, Schlosser, Scott, Smith of vantage of the debates which have already Worcester, Sneary, Stockbridge, Swope, taken place. The gentleman from Baltimore Sykes, Thruston, Todd, Valliant, Wickard, county (Mr. Ridgely) yesterday stated that Wooden-33. these debates had not yet been published. $o the motion was rejected. We have not had an opportunity of examinA quorum not having voted, inmg the speeches that have been made; and I On motion of Mr. HERB, think it is but just and right that we should The House was called, and the following have an opportunity to read them, that we members answered to their names: may be able to reply to them if it should be Messrs. Goldsborough, President; Abbott, necessary. I think we should always be Annan, Audoun, Baker, Berry of Prince willing., when there is a mere quorum present, George's, Clarke, Cunningham, Cushing, to allow matters of the importance of the Daniel, Davis of Charles, Davis of Washing- question now pending, to go over until we ton, Dellinger, Duvall, Earle, Ecker, Far- can get a respectable majority of the memrow, Hebb, Hopper, Horsey, Jones of Somer- bers of the Convention in attendance. set, Keefer, Marbury, Markey, McComas, Mil- Mr. SCOTT. I do not feel like pressing this ler, Morgan, Mullikin, Murray, Negley, Ny- question to a vote; but I certainly feel like man, Parker, Peter, Pugh, Russell, Schlos- requiring any member who has anything to ser. Scott, Smith of Carroll, Smith of Wor- say upon it to speak now. Members on both cester, Sneary, Stockbridge, Swope, Sykes, sides have prepared themselves to speak, and Thomas, Thruston, Todd, Wickard, Wilmer, I see no reason in the world why they should Wooden-50. not proceed. I hope members will be obliged There being a quorum present, either to speak or to vote; and I do not care On motion of Mr. CUSmIN, which. Further proceedings under the call were The motion to postpone the consideration dispensed with. of the 4th Article prevailed-ayes 27; noes Mr. CUSHING moved that the further con- not counted. sideration of Article 4tb, be postponed until Articles 27, 28, and 29, were read, and no Thursday next, and that the Convention pro- amendments were offered. ceed with Article 27th, and the following Article 30th, was read as follows: articles. Art. 30. That no soldier shall in time of Mr. PaGH. I am opposed to that motion. peace be quartered in any house without the The gentleman has stated no reason for it consent of the-owner, nor in time of war exwhatever. I presume we are all prepared to cept in the manner prescribed by law. vote one way or the other; and there is a Mr. CLARKE submitted the following quorum here for the transaction of business. amendment: There is nothing at all to prevent our pass- Article 30, strike out all after the word ing that article. If there is, the gentleman " owner'.' in the second line, and insert the did not state it. If there are any persons words'"and in time of war in such manner who wish to speak on this article; it was only as the Legislature shall direct " their duty to be here and speak. Since they Mr. PUGH. I submit that that amendment are not here, why should we delay, makes no substantial change in the article. Mr. CUSHING. The chairman of this com- Mr. CLARKE. It is only to make it conform mittee (Mr. Stirling) did expect to speak to the old bill of rights. 357 Mr. PUGH. Is not an act of the Legisla- law," the Constitution: determines the rule lature, " the manner prescribed by law,?" which is to govern Congress. Hence the Mr. CLAARKE. My amendment makes it United:States, by act of Congress, has a conform with Article 28 of the old bill of right to determine the mode and manner in rights. -Unless gentlemen upon the other which thesoldiers acting under its authority side can show some reason for changinf the shall be quartered in time of war in -the phraseology, I prefer the original phraseology. States. I do not dispute that:proposition.:4 think there is a material difference. "The The law of Congress, passed under or in purmanner prescribed by law." *What is the suance of the Constitution, is:the mode and law? Who is to pass'the law? Bu:t it is manner by which it is to be regulated. We unnecessary for:me to make any remarks may put what provision we choose in our upon the amendment until gentlemen upon Declaration of Rights. We have the power the other side show a reason for the change. -not the legal right or authority-to say I should like to understand their construc- that they shall not be quartered as Congress tion of the article as reported by the commit- may prescribe by law. What would that be tee; and what extent the change of phrase- worth? Not the paper on which it is writology reported by the committee is under ten. It would be a nullity. Congress within:stood to change the effect of the article. the sphere of its powers, has the right; and Mr. SMITH, of Carroll. I do not desire to you may put what you choose in your State jnake any argument with regard to the mat- Constitution, and it is of no avail whatever. ter, but merely to submit the fact that this Are we here to determine how Congress is change makes the article correspond literally to regulate the quartering of troops? Not with the third amendment to the Constitu- at all. We are regulating simply our intion of the United States. -1 presume that ternal police, that " no soldier shall, in time wras the principal reason why the change was of peace, be quartered in any house without adopted. The language is not nmaterially the consent of the owner, and in time of war changed, but it is made to correspond with in such manner only as the Legislature shall the third amendment to the Constitution of direct." Has that anything at all to do with the United States. the United States troops?'This provision is Mr. SToKBRIDGE.. Without presuming at only intended to meet the case of State troops, all to speak for the committee by whom this only those troops which may be acting under -was reported, not knowing their reasons, it the authority of the executive officer. of this occurs to me that there is a palpable reason State, or of my friend from Baltimore county, for the modification. We are a part of the (Ml{r. Berry), the Adjutant General of the United States. Soldiers are raised and main- State. We are only providing -with respect tai-ned by the National Government. The to State laws. The Constitution. of the Uni-question has been raised within the'last few ted States provides that in case of sudden in-sad years, of the right of the United:States vasion or the breaking out of war, the States Government to march its troops across the have the right to call out their troops. This soil of a State, or to take possession of the provision is merely to regulate the internal property in a State for the necessary use: of police, of -the State, the management of the the soldiers of the nation. The amendment, State troops under State authority. I prefer,:as proposed by the gentleman from Prince therefore, to hold on to the old form, and say George's, (Mr. Clarke), makes:that entirely " in such manner only as the Legislature shall a subject of State legislation. This makes direct," so that-we may get rid of the very it -broader; in "'the manner prescribed by construction which the gentleman from Baltilaw," a law either of Congress or of:the more city (Mr. Stockbridge) places upon this State. It occurs to me that that is a sufficient article. Gentlemen upon this floor are conreason for making:the modification It makes tinually confounding the fact that the States our own Declaration of Rights conform to are acting,-as I attempted the other day to the amendments to the Constitution of the argue, in one sphere, and the General GovUnited States, and provides that there may ernment in another; that the powers are be a prescription by the:law of Congress as given in the United States Constitution for -well as::by the law of the State. For that Congress and the Federal Government. reason I prefer the article as it stands. Those powers are full and ample and comMr. CLARKE. My own idea and under- plete, whatever provision you choose to put standing is, that as we are making this pro- in your State Constitution to conflict with vision:for our -State Constitution, I shall be them. We have no power by the State Congoverned in my vote, here as in all cases -in -stitution to prescribe the mode and manner, the formation of our State Constitution. by We are here dealing -with the State troops this fundamental principle: The Constitu- merely, without any -reference to the troops tion of the United States:is the law:which of the United States. We are declaring the regulates the action; of the Federal Govern- principles which are to govern us in matters ment. Hence when it is provided in the of our own State, and nothing more; matFederal Constitution that troops shall only ters which are under the authority and conbe quartered "'in the manner:prescribed by trol of State officers, matters of police regu 358 latlon, and which are to be prescribed by the the right to do so. An emergency may aris2 State Legislature. in which it shall be done. This is intended Mr. PUGH. I agree with the gentleman to provide that if such a thing should occur, from Prince George's, (Mr. Clarke,) in a the quartering of soldiers upon private citiconsiderable portion of his remarks. I be- zens without their consent, should only be lieve that this article only applies to the sol- done in such a manner as the Legislature, diersof the State of Maryland. I believe it the law-making part of the government, would be absurd for us to attempt to manage should direct. I think if we do not restore the quartering of the slaves of the General this language, it will be in conflict with artiGovernment. I so understood the subject cle 28th of this Declaration of Rights; I am when I said that I understood the amend- therefore in favor of the amendment which ment to be substantially the same as the words makes it correspond with the 28th article of here written. The reasons why I support the the old bill of rights. article as reported by the committee are two- Mr. THOMAS. It appears to me that the arfold; firstly, because it is report of the com- ticle as reported by the committee is correct. mittee selected by this Convention; secondly, If I understand the gentleman from Prince because there was no minority report against George's, (Mr. Clarke), one of the reasons it, and consequently it stands. here as the re- which he urges against the adoption of this port of the whole of that committee. We article, is that the word " soldier' only apare to accept or reject this report, under- plies to the soldiers of the State. standing it to be the sense of the whole of Mr. CLARKE. The State only has control that committee, both the majority and the over its own soldiers. minority, there being no adverse report upon Mr. THOMAS. I say that soldiers are raised it. For these reasons, in the absence of any by the State every day for the General Govgood reason whatever for altering it, I am in ernment..As the gentleman from Prince iavor of adopting the article just as it George's, (Mr. Clarke), hasalreadyintimated stands. the Adjutant General is now engaged in raisMr. MILLER. The gentleman from Cecil, ing State troops. But they are all put under (Mr. Pugh), is mistaken with regard to their the control of the General Government, the being no minority report upon this subject. law of Congress is to make provision for If the gentleman remembers the report which quartering the troops in the United States the minority of the committee made, he will service, and no law of Maryland can go berecollect that the minority said in their re- hind the law of Congress. Where is the neport that there were several changes in mi- cessity of keeping out of the Declaration of nor particulars made by it, the report of the Rights an express prohibition on the part of majority, about which they did not deem it the Legislature to pass any provision of law necessary to make a special report, but in in relation to the quartering of the United the necessity for which changes they did not States troops and State troops in the Uniconcur. It does not come, therefore, asa full ted States service? I say that the proand unanimous report of the cominittee in vision as reported by this committee is in those respects in which it differs from the old harmony with the section which has been bill of rights. under consideration by the Convention for The argument which the gentleman from the last three or four days, and which has P inceGeorge's,(Mr. Clarke,) has made, seems been postponed until next Thursday. For to me to be perfectly conclusive. If gentlemen tha: reason it should be passed by the House. will turn to article 28, just passed over, they I am therefore in favor of the adoption of will find that there is a necessity for keeping this article as reported by the committee. this article as it is in the old bill of rights, Mr. CLARKE. " No soldier shall in time of for the sake of conformity. That article de- peace be quartered in any house." That dares standing armies to be dangerous to does not mean a soldier raised by the Slate. liberty and that they ought not to be raised I undertake to say this: that a soldier raised or kept up without the consent of the Legis- by the State, and passing under the federal lature. What does that mean? Has it any- authority, ceases any longer to be under the thing to do with the power of Congress to State control. But this provision applies to raise standingo armies to provide a navy, or the soldier so long as he is under the State anything of that kind? It has no applica- authority. I do not pretend to say that the tion at all to the powers of Congress or the State does not raise troops which then pass General Governtment, but only to the State under the authority of the General Governof Maryland. It would be dangerous for the ment. It is to provide for,he intermediate executive authorities of' any branch of the period. Those troops being raised now unGovernment to raise and maintain a standing der State authority are not now under the army without the consent of the Legislature United States authority. Butwhen raised, or the law-making power. Article 30 pro- when the act of Congress is complied with, vides the same thing in reference to the sol- when the State is ready to pass them over, diers, the militia of the State, which may at and when that act is complete, when they times be called out by the executive, as he has pass under the control of the Executive from 359 the Adjutant General, they cease any longer bound to protect the State of Maryland, and to be under the State control, If this has protected the State of Maryland and other amendment to the article is passed, it will ap- States from invasion and insurrection. The ply to the soldiers during that preliminary troops raised by the State' of Maryland for its period; and that is the only period, I con- protection, come under the general provistend, in which this article is applicable to io:rs of the laws of theUnited States. In the them. war of 1812, the city of Baltimore raised its ~Mr. THRUSTON. I think the language used own defenders to protect the city, and Maryhere is eminently happy and proper, and I land troops were raised to go to Bladensburg. think it meets every contingency. In the They went under colonels appointed by State first place, what is the meaning of the words authority, but under the general supervision "by law?" Of course they mean, by the of the laws of the United States, and were in laws of the State of Maryland. They have the United States Army for the time being. no other meaning than that. Now what is I say there is no conflict, and it would be a the law of the State of Maryland on the sub- piece of absurdity on our part to say that ject? The lawof the State of Maryland is, in after State troops have been raised by the all cases, no matter what soldiers they are, State and put into the army of the United whether of the State or of the nation, sub- States, the State of Maryland by its Legislaservient to the law of Congress. When the ture should have the power to pass any law laws of Congress come in conflict with them, regulating the mode and manner in which the laws of the State give way. The words they should be quartered while in the State. "by law" cover every case that may arise; Mr. MARBURY. I move to amend the amendand therefore I say they are proper to be used ment by inserting the words " raised in the here. If these are soldiers under the au- State of Maryland" after the word " soldier." thority of the General Government, Congress When raising of' soldiers in the State of Maryhas supreme control over them; and that land is a matter of State authority, I concontrol is our law, our supreme law; whereas ceive that the Legislature of the State have if they are our State soldiers, the words " by entire control over it, and I want to leave the law" include the laws of the State of Mary- control with the Legislature of the State of land. So that this expression covers every Maryland. When the soldiers are raised by case. the authority of the General Government, If you want the article to refer only to the then I conceive that the Constitution of the soldiers of the State, it will require a further United States and the laws made in pursuamendment of the Constitution, so as to read ance of the Constitution of' the United States that "no soldier in the service of the State, will provide for it. I think that will do in time of war shall be quartered except in I away with the whole difficulty Which seems the manner prescribed by law.' As it now to arise from the fact that members think that.stands -it will meet every possible case. It j soldiers raised in the State of Maryland can applies to the State soldier, and it applies to be controlled by the United States Governthe soldier under the authority of the Gen- ment. I conceive that so long as they are eral Government, where the law of Congress in the incipient stuage of preparation for the prescribes the mode and manner. I do not General Government, they are to be left unthink the article can be better expressed than der the control of the State Legislature. I it is. offer this amendment to make it more clear Mr. THOMAS. In reply to the gentleman that they are exclusively under the control of from Prince George's (Mr. Clarke,) I will the State of Maryland. Then it will follow state further that in section 4, article 4, of the as a necessary consequence of this clause, Constitution of the United States, it is pro. under the old Latin maxim, " expressio unius vided that the United States shall guaranty est exclusio alterius. I wailt this amendment to every State of this Union a republican inserted with the view of making it clear that form of government, and shall protect each we do not in this provision, in any shape or of them against invasion, and on the appli- form, interfers with the constitutional affairs cation of the Legislature, or of the Executive of the General Government. when the Legislature cannot be convened, Mr. STOCKBRIDGE. IS not this an original against domestic violence. amendment rather than an amendment to This provision as reported by the commit- the amendment'? It does not relate to any tee says that no soldier shall in time of peace part of the amendment but to another part be quartered in any house without the con- of the article. sent of the owner, nor in time of war excelt The PRESIDENT overruled the amendment to in the manner prescribed by law." There is the amendment. no time in timne of war when the State of Mr. CLARKE. The provision in the ConMaryland has any soldiers at all, unless it is sltitution of the United States does not at all to protect itself from invasion or domestic conflict with the views I expressed with reinsurrection. And under this 4th section of' gard to the authority of the Federal Governthe 4th article of the Constitution of the Uni- ment and of the State. I admit that by the ted States, the United States Government is article of the Constitution of the United 360 States to which the gentleman from Balti- MIaryland, because the law of the United more city (Mr. Thomas) referred, the General States is the law.of the State of Maryland,.Government may send its troops into a State with. regard to that particular case. Therefore for the purpose of guarantyng.a republican I say the words " by law" cover all cases, form of government. They will then be sub- and I do not see how the section can posqiject to the laws of Co.ngress. During the bly be changed without injury..very same period there may be State troops Mr. JONES, of Somerset. I concur in the co-operating with the troops of the General views.of the gentleman from Allegany, (Mr. Government, in order to maintain the re- Thruston.) The language as it stands covpublican form of government. They may ers all cases, and in my judgment is eminentnot be placed at all under the authority of ly proper. I should.dislike any amendmeont the Federal Government. You may have to it, for I prefer the section as it stands. within the State both the executive of the The amendment was rejected. State attempting by the State forces to main- Article 31 was read as follows: tain its republican form of government, and Art. 31. That no person, except regular the President of the United States with the soldiers, mariners and marines, in the sertroops of the United States attempting to vice of this State, or militia when in actual maintain the republican form of government. service, ought in any case be subject to or I hold that the troops of the State, so far as punishable by martial law. they are brought under the authority of the Mr. PETER. I move to amend by striking United States or of the State, are subjject to out the word "' ought" and inserting in place the laws respectively of the Federal Govern- thereof the word "shall." Martial law is ment and of the State. Gentlemen will not made for the soldier. Civil law is for.the pretend for a moment to say that when troops community. The soldier in becoming subcome into a State under the authority of the ject to martial law, sacrifices for the benefit Federal Government for the purpose ofmain- of the citizen many of the rights which pertaining a republican form of Government, I tain to the citizen. I hold it to be a princirepelling invasion or suppressing insurrec- ple that t/he citizen does not therefore sacrifice tion, that immediately and forthwith the j any of those rights for the benefit of the State laws operate.and they come under State soldier. I hold it to be well-substantiated laws. We have the very case now before us. law, that under all circumstances, excepting I believe the present call is made to a certain the case of direct interference upon the part extent on account of threatened invasion. of a citizen with military affairs, he is entiThe President of the United States is calling tied to a fair and impartial trial according to for these troops. There is a period before the laws of the land in which he lives. I do they are put under the authority of the Uni- not thinjk in asserting our rights, that we ted States; and this provision of the bill of should leave this merely expressed by the rights is to meet the case of providing for word "ought;" but it should be expressed those troops during that period. So soon as in such terms as admit of no qualification. that period passes, and they come under the We should express it as one of our rights, authority of the Federal Government, this that we are entitled to be tried by the laws article ceases to apply to.thetn; and it makes under which we live; that we have not sacno difference whether they were called out rificed our rights or given them up to the by the President or by the executive of the military power of' the government to rule us. State. We are not required to be deprived by laws Mr. THoMAs. I will state as an additional fixed for the purpose of governing those who reason for the adoption of the article reported have given up their rights for the benefit of by the committee that it is no new thing. the community generally, of our rights to be By reference to the " American Constitu- governed by civil law. I hope therefbre that tion" it will be seen that the.section here re- the amendment will prevail. ported in this exact language is contained in The amendment was rejected. the Constitutions of Maine, New Hampshire, Mr. CLARKE submitted the following Rhode Island,Connecticu t, New Jersey. Penn- amendment: sylvania, Delaware, Kentucky, Tenneesee, Strike out all after the word "that" in Ohio, Indiana, Mississippi, Illinois, Alabama, the first line, and insert the words " no perMissouri, Florida, Arkansas, Iowa, Califor- son shall be held to answer for any charge nia, Oregon and Kansas; leaving out the or crime before a Court Martial or Military term " Legislature," and putting in the ex- tribunal, except in cases arising in the land act phraseology used in this article, " except and naval forces of the United States, or in in the manner prescribed by law." the militiaof the State when in actual serMr. THRUSTON. I will suggest an illustra- vice in time of war or public danger. tion to show the effect of this language and Mr. CLAARKE. This is substantially the how appropriate it is. Suppose the case of same amendment I offered when another artia soldier in the United States who is here by cle of this bill of rights was under consideravirtue of the law of the United States. He tion; and the gentleman from Bailtimore city, is here by virtue *of the law of the State of not now in his se.at, (Mr. Stirling) then said 361 that that amendment was practically covered adopted, the State of Maryland had regular or really covered by article 31. As I stated soldiers, mariners and marines. Therefore the other day, so long as I think the old bill the provision was then right and proper. But of rights declares truly the principles of right when Maryland became one of the United and law as belonging to the citizen, I am States, it could no longer have regular solopposed to changing the phraseology at all, diers, mariners, or marines. I think that whether it has been changed in other States this must have been undoubtedly passed over or not. If we in our old bill of rights as- by the last Convention when they adopted sumed the right doctrine in proper language, the bill of rights, because it certainly bears I prefer, simply because it is Maryland lan- inconsistency upon its face. guage, that it should remain there, rather Mr. CLARKE demnanded the yeas and nays than haveany change. Article31 asreported upon the adoption of his amendment; and says, " that no person except regular sol- they were ordered. diers, mariners and marines, in the service of The question being taken the result wasthis State, or militia when in actual service yeas 16, nays 34-as follows: ought in any case be subject to or punisha- Yeas-Messrs. Berry of Prince George's, ble by martial law." I do not know how a Clarke, Cunningham, Davis of Charles, Duregular soldier can be in the service of this vall, Hodson, Horsey, Jones of Somerset, State. It is only the United States that can Marbury, Miller, Morgan, Parker, Peter, keep a regular standing army; and therefore Stockbridge, Thomas, Wilmer-16. really this provision is a contradictory ex- Nays-Messrs. Goldsborough, President; pression.'The State of Maryland has no Abbott, Annan, Audoun, Baker, Cushing, mariners and marines. Practically, therefore Daniel, Davis of Washington, Dellinger, the first clause of the article amounts to Earle, Farrow, I-ebb, Hopper, Keefer, Markey, nothing; for there can be no regular soldiers, McComas, Mullikin, Murray, Negley, Nyman, mariners or marines in the service of this Pugh, Russell, Schlosser, Scott, Smith of CarState. The militia when in actual service roll, Smith of Worcester, Sneary, Swope, may be under State authority or Federal anu: Sykes, Thruston, Todd, Valliait, Wickard, thority. If they are under Federal authority Wooden-34. our Constitution has no jurisdiction over So the amendment was rejected. them. If they are under State authority, Mr. STOOKBRIDGE. There is a slight gramthis article only reaches a small class of matical error that I wish to have corrected. cases. I move to insert the word " to" after " case," M) amendment adopts the language of the so as to read " ought in any case to be sub5th amendment to the. Constitution of the ject to." United States, which is in these words: MIr. CLARKE. Can the gentleman explain "No person shall be held to answer for a to me how there can be regular soldiers, macapital or otherwise infamous crime, unless riners, or marines, in the service of the on a presentment or indictment of a grand State? jury, except in cases arising in the land or Mr. HEBB. The. article is an exact copy of naval forces, or in the militia when in actual the article in the Constitution of 1850. As service in time of war or public danger.'' we went along reading the different articles, We have already heretofore provided in if no objection was made to any article it reference to presentments by the grand jury, stood unchanged. We only talked about and therefore it is unnecessary here to make articles to which objection was made. The provision obr that; my amendment there ex- minority heard this article read in the Declacepts " cases arising in the land and naval ration of Rights and did not propose any forces of the United States, or in the militia change. of the State when in actual service in time of Mr. CLARKE. Since the point has been war or public danger." My amendment ex- raised, I should like to know how gentlemen cepts the militia of the State when in actual get out of this difficulty. I understand that service, covering all cases when they are in the minority did not go over these articles the service of the United States or of the with the majority. State; and therefore according to my under- Mr. JONES, of Somerset. It must have been standing, includes all that is practically pro- overlooked by the Convention of 1850. This vided for in the article as reported, while it 31st article was adopted in 1776, before the does not bring in classes to which it never formation of the Articles of Confederation, can be applicable. It is also preferable in when the State of Maryland had regular solconsequence of' its adopting the language of diers, mariners and marines in the service of the Constitution the State as well as militia in its service. It This bill of rights was originally adopted was when she was in the full exercise of all prior to the formation of the Federal Consti- her power of sovereignty without any contution; and that explains this singular con- nection with anybody else except voluntarily. tradiction which must have been overlooked It is certainly, as the gentleman from Prince I think when our Constitution was amended. George's, (Mr. Clarke,) has said, not appliAt the time our original bill of rights was cable to the present condition of the State. 24 362 We have no regular soldiers, mariners, or ever a case of that sort has come before them, marines in the service of the State. they have felt it due to give the party charged The CHAIRMAN, (Mr. Scott.) The question notice of the charge and opportunity for deis upon the motion of Mr. Stockbridge, to fence. I merely propose that this right, insert the word "to." There can be no dis- which certainly ought to be extended to cussion except upon the merits of that amend- every one charged, of notice and trial shall ment. not rest in the discretion of the Legislature, Mr. CLARKE.,.ITs not the gentleman at lib- but that the Legislature shall be required to erty to discuss the article as it would read pass a law prescribing the mode in which when amended? It is for the House to say notice shall be served upon the party charged, whether the article when amiended shall read and that provision shall be made for the trial, so and so; and therefore that leaves the whole so that no injustice may be done, and no surarticle before the I-House. prise worked in the trial of a judge. I proThe CHAIRMAN. Remarks upon the gram- pose to add, after the words " General Asmatical construction of the sentence would sembly" the words "after such notice and be. proper. trial as shall be prescribed by law,'I so that The question being taken upon the amend- that portion of the article will then read: ment it was agreed to. I"Wherefore the judges shall not be reMr. DAVIS, of Charles, moved to amend moved, except for misbehavior, on convicthe 31st Article by striking out the words tion in a court of law, or by the Governor, " in the service of this State." upon the address of the General Assembly, The question being taken, the amendment after such notice and trial as shall be prewas not agreed to. scribed by law, provided that two-thirds of No further amendments being offered to all the members of each house concur in such Article 31, address." Article 32 was then read as follows: Mr. STOCIKBRDGE. I would suggest to the "' That the independency and uprightness gentleman from Somerset (Mr. Jones) whether of judges are essential to the impartial ad- jt would not he well to modify his amendministration of justice, and a great security ment so as to make it read, " prescribed by to the rights and liberties of the people; general law," in order that there shall not be wherefore the judges shall not be removed, specific legislation for each individual case. except for misbehavior, in a court of law, or I would like to preclude the idea or possibility by the Governor, upon the, address of the of special leoislation. GeneralAssembly; provided that two-thirds IMr. JONES, of Somerset. I accept the sugof all the members of each house concur in gestion, and will modify my amendment acsuch address. No judgeshallhold any other cordingly. office, civil or military, or political trust or Mir. EARLE. I would say that that will employment of any kind whatsoever, under probably be inserted in the article on the the Constitution or laws of this State, or of judiciary, and therefore it seems to me that the United States, or any of them, or receive there is no nee ssity for repeating it here. fees or perquisites of any kind for the dis- There is something of the kind in the present charge of his official duties." Constitution, and there is no doubt it will be Mr. JONES, of Somerset. I would suggest inserted in the article on the judiciary here. an amendment to this article, to come in after I see no redson for inserting it in two places. the words " upon the address of the General Mr. CLARKE. I understand that the report Assembly." What I desire would, perhaps, of the judiciary committee will provide for be implied; here it is left to the unlimited this. But this is a declaration of a fut;dadiscretion of the Legislature, as to any fmode mental principle, and therefore I think it of proceeding any particular Legislature will be preper here. might see proper to adopt in takirg cogni- Mr. JONES, of Somerset. That is the idea. zance of any charge that might be submitted Mr. CLARKE. There are certain other things to them in reference to any judge. I do which may occur in two or more places in not think there ought to be that unlimited the Constitution. discretion in any tribunal. I think that Mr. JONES, of Somerset. My object was wherever judicial functions are to be dis- to have inserted in the Declaration of Rights charged, affecting the rights of any indi- a fundamental principle of natural justice; vidual, the mode in which that jurisdiction that in no case ought any judicial tribunal to is to be exercised ought to be described by proceed to action without notice and trial. law and known, so that no surprise or injus- Mr. MILLER. There seems to be a practical tice could result in any case. The amend. difficulty about that. To what trial does the ment I propose to offer hlas, I believe, been gentleman refer? practically adopted in the action of the Legis- Mr. JONEs, of Somerset. A trial before the lature. that is to say, although they have General Assembly. I apprehend that the an unlimited discretion, by a vote of two- General Assembly would not, upon a mere thirds of each house, to recommend to the exparte statement, demand the removal of a Governor the removal of a judge, yet when- judge. Yet this now leaves it in their dis 363 cretion to do so. There ought to be the pre- The PRESIDENT. The Chair has a full resentation of charges, notice, and trial; and collection of the case referred to. Judge I think that ought to be declared as a funda- Stump had a full trial and was allowed to apmental principle. pear by counsel. Mr. MILLER. Iagree upon that point. The Mr. THoMAS. The action in that case may only question was as to what tribunal. be followed as a precedent, but not necessaMr. JoNEs, of Somerset. Before the Gen- rily so. eral Assembly, of course. Mr. EARLE. Judge Stump had a full trial Mr. MILLER. Under the provision as the under the present Constitution. When we gentleman proposes to leave it, the General come to consider the article on the judiciary Assembly might appoint some commission to I shall have no objection to making it oblitry the case. I suppose the object is to have gatory that the person charged shall have the trial by the General Assembly. due notice and opportunity for trial. Mr. JONES, of Somerset. I have no objec- Mr. MILLER. I am in favor of the proposed tion to inserting after the-word " trial" the amendment, because the great object of this words "' by the General Assembly." article in the Declaration of Rights is to seMr. THRUSTON. I would refer members of cure the independence of the judiciary. If the Conventiol to section 9 of article 4 on there is ever to be a judge in Maryland, tried the judiciary, and section 41 of article 3 on or impeached for misconduct, and the Legisthe Legislature. I think they will find that lature undertake to do it, I want it to be those two sections cover the whole case. done under a general law, so that every Mr. JONES, of Somerset. That is true of Judge may come in the same category. I the old Constitution. know that in the case of the trial of Judge Mr. THOMAS. I am in favor of the amend- Stump, every opportunity was given him to ment of the gentleman from Somerset, (Mr. defend himself, and his case was tried fairly, Jones,) for this reason: By a reference to and an impartial decision rendered upon it. Senate journal for 1860, page 581, the mem- But it may not be so hereafter in all cases, bers of the Convention will find the proceed- and I wish this provision to be inserted in ings of the Senate of this State on the re- the bill of rights. The reference made by moval of Judge Henry Stump of the Criminal the gentleman from Allegany (Mr. Thruston) Court of Baltimore city, against whom to the article on the judiciary does not recharges were preferred. It was deemed ne- move the difficulty at all, because the words cessary to appoint a committee to enquire as there are precisely the same as those used in to the mode and manner of trying Judge the bill of rights. "Removable for misbeStump. After the committee had reported, havior, on conviction in a court of law, or by resolutions were offered by Mr. Yellott, as the Governor, on the address of the General follows: Assembly, provided that two thirds of the " Resolved, That the Senate having re- members of each House shall concur in such ceived and considered the reports made from address." Now I want some general law, its select committee, to whom was referred providing for full notice, and a fair trial, and the memorial for the removal of the Hon. I want it in both places, in the Declaration of Henry Stump, Judge of the Criminal Court Rights and the article on the judiciary. of Baltimore city, hereby fixes Friday, the The question was stated to be upon the 9th day of Mlarch, 1860, for the trial of the amendment of Mr. JONEs, of Somerset, to insaid Henry Stump, as Judge of the Criminal sert after the words " General Assembly " Court of Baltimore city, upon the charges the wo~rds "' after such notice and trial by the made against him by the said memorial. General Assembly as shall be prescribed by Resolved, That the said trial shall com- general law." mence at 11 o'clock A. M., and shall be pro- The question being then taken, the amendceeded with in preference to all other business, ment was not agreed to. and the Secretaly of the Senate is hereby Mr. ABBoTr moved to amend the article by directed to notify, forthwith, said Henry striking out the words "two-thirds" and inStump, and the said memorialists, of the serting the words " a majority," so that it passage of these resolutions, by furnishing would read: "Provided a majority of all said parties, or their counsel, with a certified the members of each house concur in such copy of the same. address." On the same page follows the memorial of The question being taken, the amendment Judge Stump, in which he asks that he may was not agreed to. be heard by counsel at the bar of the Senate, Mr. STocInBRIDGE. I move to strike out all upon charges prefrred against him in his after the word I"people" in the third line of official capacity. Then testimony was taken, this article. This is a Declaration of Rights; as appears by the journal, and the trial was nothing more. There is a constant tendency had. I think some general provision like to run into the details of legislation, bothin that suggested by the gentleman from Som- the Declaration of Rights and in the Constierset (Mr. Jones) should be made for the trial tution. I am content to let this article deof these cases.: clare this great truth: "That the indepen 364 dency and uprightness of judges are essential roll, Smith of Dorchester, Stoekbridge, to the impartial administration of justice, Swope, Thomas, Wickard, Wooden-40. and a great security to the rights and liber- Not a quorum ties of the people. All after that is but in- On motion of Mr. STOCKDRIDGE, ference, and special legislation on the subject. The Sergeant-at-Arm3 was sent after the I, therefore, move to amend this article by absent members. striking out all after the word " people " in After some time the Sergeant-at-Arms rethe third line. turned, and reported that he had summonThe question being taken upon the amend- ed six members to attend, being all that he ment of Mr. Stockbridge, upon a division, could find in the city. it resulted, ayes 24, noes 22-no quorum Further proceedings were suspended invoting. formally until half-past 12 o'clock, when Mr. PUGH, moved a call of the house, which the roll was again called, and the following call was sustained. members responded: The roll was called and the following mem- Messrs. Go'ds orouzh, President, Abbers responded to their names: bott, Baker, Barron, Bond, Brooks, Brown, Messrs. Goldsborough, President; Abbott, Clarke, Cushing, Daniel, Earle, Ecker, Annan, Audoun, Baker, Berry of Prince Greene, Hirwood, Hatch, Hebb, Hopkins, George's, Clarke, Cunningham,. Cushing, Hopper, Horsey, Jones of Cecil, Jones of Daniel, Davis of Charles, Davis of Washing- Somerset, Keefer, Kennard, Lansdale, ton, Duvall, Earle, Ecker, Farrow, Hebb, Larsh, McComas, Negley, Nyman, Parker, Hodson, Hopper, Horsey, Jones of Somerset, Peter, Riduely, Robinette, Schlosser, Scott, Keefer, Marbury, Markey, McComas, Miller, Smith of Carroll, Smith of Worcester, Morgan, Mullikin, Murray, Negley, Parker, Stirling, Stockbridge, Swope, Thomas, Pugh, Russell, Schlosser, Scott, Smith of Thruston, Wickard, Wooden —43. Carroll, Smith of Worcester, Sneary, Stock- There being no quorum present, bridge, Swope, Sykes, Thomas, Thruston, On motion of Mr. THOMAS, Todd, Valliant, Wickard, Wilmer, Wooden The Convention adjourned. -48. Not a quorum. On motion of Mr. JONES, of Somerset, The Convention then adjourned to 10 A. TWENTY-NINTH DAY. M., on Thursday next, the 9th instant. FRIDAY, June 10, 1861. The Convention met at 10, A. M. (\r. &'COTT in the Chair.) TWENTY-EIGHTH DAY. Prayer by Rev. Mr. Davenport. THURSDAY, June 9th, 1864. The roll was called, and the following members answered to their names: The Convention met at 10, A.,[. Messrs. Abbott, Baker, Barron, Bond, Prayer by Rev. Mr. Owen. Brown, Cunningham, Dail, Danlel, Davis The roll was caJlad and the follow ng oflWashington, Duvall, Earle, Ecker, Galmembers answered to their na es: loway, Greene, Harwood, Hatch, fIebb, Messrs. Goldsborough, President; Ab- Henkle, Hodson, Hopkins, Hopper, Horsey, bott, Baker, Barron, Bond, B:ooks, Brown, Jones of Cecil, Jones of Somerset, Keefer, Davis of Charles, Earle, Ecker, Greene, Kennard, Lansdale, Larsh, Miller, Morgan, Harwood, Hatch, Hebb, Hodson, Hop- Mullikin, Negley, Noble, Nyman, Parker, kios, Hopper, Horsey, Jones of Cecil, Robinette, Russell, Schlosser, Scott, Smith Keefer, Kennard, Launsdale, Larsh, McOo- of Carroll, Smith of Wor(ester, Sneary, mas. Miller, Lyman, Parker, Peter, Ridge- Stirling, Swope, Sykes, Todd, Valliant, ly, Robiuette, Scott, Smith of Carroll, Wickard and Wooden-49. Stockbridge, Swope, Thomas, Wickard and Not a quorum present, Wooden-37. Mr. DANIEL moved a call of the Conven-No quorum present. tion. Mr. STOCUaBRIDGa moved a call of the Mr. HEBB. I am opposed to a call of the Convention, which call was sustained. house. We want but one of a quorum, and The roll being called, the following mem- the Sergeant-at-Arms can look up some of bers reaponded: the absent members if there are any in the Messrs. Goldsborough, Pres?.dent, Ab- city bott, Baker, Barron,Bood, Brooks, Brown, Mr. STIRLING. I know there are several Daniel, Davis of Charles, Earle, Ecker, other membersin the city. Greene, JIarwood, Hatch, Be, b, Henile, Mr. DANIEL withdrew his motion for a call Hodsoo, Hopkins, Hopper, Horsey, Jones of the Convent on. of Cecil, Keetfer, Kennard, Lansdale, Larsh, The CHAIRMAN. There is no Sergeant-atMcComas, Miller, Nyman, Porker, Peter, Arms here Ridgely, Robinette, Scott, Smith of Car- Mr. BARRON. The Sergeant-at-Arms is 365 on the boat from Baltimore city, which has members to have a chance to locate themnot arrived yet. selves in their proper position. I want to The CHAIRMAN. Is there any certainty see if we are to come here like a parcel of that the boat will be down to-day? school boys with excuses, if we don't hapMr. BARRON. It started. pen to be here in time, or happen to miss a On motion of Mr. STIRLING, day now and then. A man may say he has The Door-keeper was instructed to go and got a severe indisposition —which may be notify absent members in the city. a real painting, or only a white-washing. After a ehort time, additional members He may be off collecting a debt, or trying a having entered the Hall- csse in court, or anything else, for aught I The CHAIRMAN announced that there was know or care. Now I don't come here to a quorum present. I have anybody boss it over me. My conPER DIEM OF ABSENT MEMBERS. stitrents do not do that, and shall not do The CHAIRMAN stated the first business in it. I am getting tired of this whole thing, order to be the following, submitted by Mr. as to the Ier diem, the five dollars a day, I HEBB on Saturday last. am willing to record on the journal that I Ordered, That hereafter no member of will come here for nothing during the whole this Convention shall receive any p( r diem session, if members want that. for such time as he may be absent, unless Mr. MILLER. I move to amend this order such absence is occasioned by sickness, or by striking out all after the words " per by permission of the Convention diem," so that it will then read: The question was upon agreeing to the " Ordered That hereafter no member of order. this Convention shall receive any per Mr. BARRON. In reference to this order, diem." I wish to say just one or two words more. Mr. WICKAnD. The thing is becoming I want this Convention to distinctly under- rediculous, I move to lay the whole subject stand that I do not care a great deal about on the table. this five dollars a day, I can play five days Mr. BARRON. I hope not; postpone it in the week, and then make that much indefinitely, because I am getting so tired of money. Now I got hold of the Baltimore it that I do not know what to do. Such a American last Monday morning, and was thing as this will look well upon the jourreading it as I was going down Camden nal twenty or thirty years from now, street, I did not notice a gentleman who won't it. was coming in front of me, until he spoke The question was upon the motion to lay to me. Said he —' You've got one con- on the table. scientious man in your Convention; you've Upon this question Mr. HEBS called for got one man who is going to keep you in the yeas and nays, and they were ordered. your place; he will attend to you; you're The question being then taken, by yeas not going to rob the State out of five dol- and nays, it resulted —yas 31, nays 21-as lars a day while he is there." I then look- follows: ed at the report of Saturday's proceedings, Yeas-Messrs. Clarke, Cunningham,Dail, and saw this order. Well, it did look Davis of Washington, Duvall, Galloway, splendid on paper; and if I had not been Greene, Harwood, Hatch, Henlkle, Hodson, here, I would have thought it was the big- Hopkins, Bopper, Jones of Cecil, Keefer, gest thing in the world-on ice. (Laugh- Kennard, Lansdale, Larsh, Markey, Mitchter.) ell, Morgan, Negley, Noble, Nyman, RobiNow, sir, the very law that called us to- nette, Schlosser, Stirling, Sykes, Todd, gether says that we shall receive five dol- Valliant, Wickard-31. lars a day. Now if any member here has Nays-Messrs. Abbott, Baker, Barron, a right to say we shall not receive our per Bond, Cushing, Daniel, Earle, Ecker, Hebb, diem, he has the same right to say we shall Horsey, Jones of Somerset, Miller, Mulligo home, that we are not members of this kin, Parker, Russell, Scott, Smith, of CarConvention The way I look upon it is roll, Smitth of Worcester, Sneary, Swope, this: it quite exalted me when I got sent Wooden-21. here as a member of this Convention, es- The motion to lay on the table was acpecially when members were so very free to cordingly agreed totell me that this was a very dignifiecl body; Mr. BARRoE. I hope some gentleman and'I thought we certainly would not quar- -ho voted in the affirmative will move a rel about our per diem. But it seems to be reconsideration. I want to postpone this a great bother to us, and I want to move thing indefinitely an amendment that our pay shall cease Mr. CLARKE. Well, I move to reconsider from yesterday. the vote to lay on the table. Mr. MILLER. I am preparing an amend- Mr STIRLING. It is impossible to get an ment on just that point. indefinite postponement of this subject. Mr. BARRON. Well, I will vote for it, and This is a proposition to stop the pay of abI want the yeas and nays on it. I want all sent members, followed by a proposition to 366 stop the pay of all members. Now any one from taxation " And they hope, by reason can get up, at any time, and move to stop of these little things, to draw the attention the pay after a certain day. The Conven- of the people a vay from the heavy t~axation tion cannot indefinitely postpone the whole which they one day will be called upon to subject. They can only indefinitely post- meet. pone the order before the. Conventio; and One word more in reference to this subthen anybody can offer another at any oth- ject and then I hope to be done with it. er time. I do not see that any practical This is the second time I have been upon. effect is to be accomplished by an indefinite the floor upon this subject, a d the other postponement. time for about three minutes. Now, bhave Mr. BAR,.ON I can see the effect. But a higher appreciation of the mem' er of I do not care a great deal about it either this body t"han to suppose that the threat of way, myself-not a great deal. But then, deducting five dollars a day from their pay here is this journal of debates that is going if they are absent, will make them attend to be banded down, with all these orders this Convention when they would not othentered in themr-won't it look splendid, erwise do it. Why, sir, we are sent here, twenty or thirty years from now, to sce all and it is our duty to those who sent us this stiff in it-I want to get rid of the here, to stay here and attend to Our duties; whole thing. I am free and frank to say and we do not discharge our duiies if we that I do not thinkl I shall be able to get are not present here. It so happens that here every day during the Convention. sometimes members are necessarily called But every time I am abseat I do not want away by important business.'There may to be whipped around for it, and for that be important private business to be attended reason I would like to get rid of the subject to, and members may think that that busisome way or other. I would like to have a ness may override for a few days the defair expression of this Conveution upon it mends of the public business upon them. whether we are to be all the time bothered But I say this: that any member of this this way about our per diem. I am willing body who does not feel sufficiently impelled to vote our per diem and our mileage, too, by a high sense of his duty to discharge the to any institution in the State, or to all the purposes and objects for which he was sent institutions. But I don't want to have here, and to give his time and attention to it entered on the journal that Mr. so and so this body, whether he receives his five doldid so and so to keep us in our places. lars a day or not, will not be brought here Mr. CLARKE. In reference to the motion in order to save his five dollars a day; or, I made, if it is not the disposition of the if he is, then he is an unworthy member of house to reconsider this matter now, but this body, and an unworthy representative have it brought up at some other time 1 of his constituents at home. have no objection. But as I said the other Believing, therefore, that all these propoday, I say now that I do think that since sitions are introduced here for purposes this Convention commenced its session, which, in my view, are unworthy to take more time has been taken up in discussing up the time and attention of this body, and the question of adjournment from here to believing that they do take up more time Baltimore city, and questions of adjourning than we should properly give to them, I over, and per diem, and deducting five dol- want the whole subtj ct finally disposed of. lars a day from the pay of absent members, If the Convention do not desire to recon&c., than would have enabled us to pass sider this subject, and do something definite several reports now lying on our tables. with it, I will withdraw my motion to reMr. BARRON. That's so; you can't rub consider. I am willing, if the Convention t out. desire it, to sit here and listen to all these Mr. CLARKE. The only rea on I had for propositions which may be offered. But I making the motion to reconsider, was that shall vote against them, believing that menthis Convention might in some way or other bers are entitled to receive their per diem, pass upon the question whether, during the and that they ought to come here and disentire sessions of this body, our time is to charge the duties they were sent he re to perbe taken up with such propositions as this. form They are not offered for any real purpose. Mr. HeeB. Frcm what has falln from any real object, or any real good. They the gentleman from Prince George's, (Mr. are made by gentlemen on this floor simply Clarke,) one would suppose that these orto get into the papers and go out to their ders were introduced here particularly for constituents, in order that when they are the purpose of making capital with our read at home, some one may say: "Our constituents. representative wants to save five dollars;' Mr. CLARKE. I do not say this order, but our representative wants to relieve us of a number of the orders. quite a little item of taxation; or, "this Mr. HErR This order was introduced in is a most economical member; he is doing good faith, because I believed its adoption all he can to save the people of the State would bring more members to attend here 367 and discharge the duties for which they The CHAIRMAN first announced thi.t the were sent here. My constituents know I am amendment was lost; and then announced always here. One of the principal reasons, that there was no quorumn voting, and conI suppose, why they' selected rme to repre- sequently was not decisive of the question. sent them here was that they knew, as the Mr. JONES of Somerset, called for the yeas record will show, that when they sent me to and nays the Legislature last fall, I attend-d to my Mr HEBB. After theChair has announced business here I offered this order. believing the result of a vote. unless there is somreit would ta.cilitate the business cf the Con- thing upon the record to show that no qoovention. The people all over the State are rum voted, that announcement is final. The becoming restive in regard to the delay in presumption is that when the Chair an. the action of this Convention In my county nounces the result of a vote, that there is those who entertain the political sentiments a House competent for the transaction of of the gentleman from Prince George's, (Mr. business. If the Chair, before announcing Clarke), are just as much inclined to corn- the result of a vote, ascertains by counting plain as those who hold the views I enter- the votes upon a division, that there is no tain. Arid give notice that hereafter, in quorum voting. and announces that fact to order to economize the time of the Conven- the House, then it would be proper to move t'on, I shall move the previous question upon a call of the House, or to call for the yeas the adoption of articles in this onstitution, and nays. But when the Chair has anin order to see if we cannot come to a ccn- nounced that the question is decided one clusion in that way. way or the other, then it is too late for such Mr. CLARaE. I have no desire to press a motion. this matter. I am willing to withdraw the Mr. BARRON. I want to ask a question motion to reconsider, if it meets with the for information. The law requires that sense of the House. there shall be fifty members present to con. No objection being made, the moti6n to stitute a quorum here. Now, if there are reconsider was withdrawn, only forfy eight members voting, will the REASONS FOR ABSENCE OF CERTAIN MEMBERS result of their vote be lawful? On motion of Mr. DAvIs of Washington, The CsaIRMAN. When no objection is It was ordered to be entered on the made to a proposition, it is considered as Journal that the absence of Mr. Dellinger, adopted unanimously, and no count is refrom his seat in this body, is caused by se- quired. But when a vote by division is vere indisposition; and that the continued called for, and it is found that the combined absence of Mr. Maashugh, is caused by ill- vote cf the two sides do not make aquorum, ness. then it is proper for the Chair to notice the On motion of Mr. THOMAS, fact that there is no quorum voting. It was ordered to be entered on the Jour- Mr. GRE NE. I won'd suggest that it is not nal that Joseph H. Audoun, of Baltimore incumbent upon the Chair to announce that city, is detained from his seat ill the Con- there is not a quorum voting, even if less vention by sickness, than a quorum votes, except in the case of DECLAR&qAON Or RIGHTS, a vote by yeas and nays, when the number On motion of MAr. ST RLING, voting is placed upon record. The Conventioa resumed the consideration Mir. JONES, of Somerset. I dissent drof the order of the day, being the secnd cidedly from the position taken by the penreading of the report of the Committee on tleman from Allegany, (Mr. Hebb.) On a the Declaration of Rights. division, unless there is a quorum voting, The CHAIrMANa stated the pending ques- unquestionably no motion can be decided; tion to be upon the motion of Mr Stock- and, therefore, although the Chair may not bridge to amend article 32, by striking out have stopped at the moment to count up all after the word "people" in the third the number of vot(s and see if a quorum line, so that the article, if amended, would voted, but announces the result of the vote, read as follows: yet the Chair has a right to correct his an"That the independency and uprightness nouncement, upon the suggestion that the of judges are essential to the impart'al ad votes of the two sides added together, do ministration of justice, and a great security not amount to a quorum. The Chair may to the rights and liberties of the people." take the question over again, requesting all Mr. JONES, of Somerset. I believe this the members to vote one way or the other. motion was submitted for the reason that Then, if upon that second count, if there the provisions of this article proposed to be does not appear to be a quorum, the yeas stricken out, would come more properly in and nays can be called, or there can be a the article on the judiciary. cal of the House. The question being taken on the motion Mr. MILLER. The 30th rule of this Conto strike out iall after the word " people,' veation require. every member present to upon a division, the vote was —ages 21; vote. And whether there is a qu:orum noes 27. preseat or not, if, upon a division of the 368 aggregate vote of both sides do not make a Article 34 was then read, as follows: quorum, it has been the universal pirlia- "That no person ought to hold at the mentary practi. e for the Chair to state " no same lime more than one office of profit, quorum voting," and take the vote again, created by the Constitu'tion or laws of this requiring every member in the body to vote. State; nor ought any person in public trust The 30th rule is as follows: to receive any presents from any foreign " Every member who shall be in the Con- prince or State, or from the United States, vention when the question is put shall give or any of them, without the approbation of his vote, unless the Convention, for special this State." reasons, shall excuse him; and the refusalof Mr. STIRLINGI moved to change the word any member present to vote on calling the," presents" to " present." Agreed to. yeas and nays, shall be noted on the Journal Mr. HENKLE. I would like to have jus ices at the request of any member." of the peace excepted from the operations of Mr. STIRLTNGs 1call for the yeas and the first portion of this article In the counnays, as the best way to determine if there ties we frequently have persons acting as jusbe a quorum present. tices of the peace, who are also very suitable The yeas and nays were ordered. persons to fill other (ffices. There is now The question being taken, by yeas and a provision in the laws, or the Constitution, nays, upon the motion of Mr Stockbridge permitting justices of the peace t) fill other to strike out all in the 32d article, after the offices. i move to amend this article by inword "people " in the third line, it re- serting after the word " person " in the sulted-yeas 23, nays 30-as follows: first line, the words " except justices of the Yeas-Messrs. Brown, Clarke, Cunning- peace." It will then read,' no person, ham, Dail, Duvall, Earle, Greene, Hodso, except justices of the peace, ought.to hold Hopper, Horsey, Jones of Cecil, Jones of at the same time more than one office of Somerset, Mitchell, Miller, Morgan, Negley, profit," &c. Noble, Nyman, Parker, Russell, Scott, Todd, Mr. STIRLING. I would say to the gentleValliant-23 man that his proposition removes justices Ncays-Messrs. Abbott, Baker, Barron, of the peace entirely from the operation of Bond, Cushing, Daniel, Davis of Washing- this article, and permits a man who may be ton, Ecker, Galloway, Harwood, Hatch, a justice of the peace, to hold any number Hebb, Henkle, Hopkins, Keefer, Kennard, of offices of profit that he can obtain, while Lansdale, Larsh, Markey, Mullikin, Robi- a man who is not a justice of the peace can nette, Schlosser, Smith ot Carroll, Smith of hold but one such office. I know what the Worcester, Sneary, Stirling, Swope, Sykes, gentleman contemplates. The fact is true, Wickard, Wooden-30. as he states, that there is an inconsistency Mr MILLER, when his name was called, between this Declaration of Rights and the said: I am in favor of this proposition as Constitution as it now stands. The Cona general principle, and if any member of stitution allows justices or the peace to be the Judiciary Committee will answer me members of the Legislature also. But I supthat the provisions of this article which it pose, though a justice of the peace gets four is proposed to strike out, will be included dollars a day, the office is not consider,-d an in the article on the judiciary, I will vote office of profit, and it might be considered for this amendment. but there is an im- that the office of member of General Assemportant provision in the latter part of this bly is not an office of profit, but rather one article as it now stands, which never has of trust. been in any article of the Constitulion be- The CHAIRMaN. The office of justice of the fore. I refer to this portion: peace is evidently not an office of profit " No judge shall hold any other office, Mr. STIRLING. The reason that that p-ccivil or military, or political trust and ern- vision was put in the old Constitution was ployment of any kind whatsoever, under that the office of justice of the peace was the Constitution or laws of this State, or of originally an office or trust and not of profit. the United States, or any of them, or re- In some parts of' the State it is now entirely ceive fees or perquisites of any kind for the an office of profit; in other parts. I know it discharge of his official duties." is not considered so. I wish to know whether it is proposed to Mr. HENIsLE. It does not matter to me embody that clause in the article on the how the object is accomplished, provided judiciary or not. it is accomplished. But, as is perfectly Mr JouEs, oftSomerset. Thereisnodoubt well known to every person who lives in that all these provisions will be embraced in the country, it is even now difficult to get the article on the judiciary. any gentleman of standing and ability to Mr. MILLER. It' so, then I vote "aye." serve as justice of the peace. And if you The motion to strike out was not agreed to. add the disability of serving in any other No further amendments being ofebred to official capacity in the State, it will inarticle 32, article 33 was then read, to which crease the difficulty. We generally try to no amendment was offered. get the best man we can for the office of 369 justice. But if this provision was adopted pers, making the phraseology more formal. they would hardly accept the office. We But in modern times it has become customdo not want to be deprived of the power of ary to be more sparing of those words, the having our good citizens as magistrates same meaning being conveyed without and justices of the peace. And we want them. to allow them the right to act as members Mr. DUVALL. If it is correct to say " freof the Legislatire, or any other officer, if quent, maintain, or contribute," then the the necessities of the case require it. I "or" between "frequent" and "mainknow that in the old Constitution there tain" is superfluous. was a provision to meet the case, and I am Mr. STIRLING. Not so; the word " or" not particular how it is done now, so that is understood, if it is not written The it is done, words "frequent" and "maintain" canThe question being taken upon the not. be put together without a copulative amendment, upon a division, it was not or disjunctive conjunction being underagreed to-ayes 16, nays 31. stood; even if it is not written. I think, No further amendment being offered to in a document like this, for t[e sake of this article, article thirty-five was read as greater formality, the word:' or" should follows: stand. "' That, as it is the duty of every man to Mr. DUVALL withdrew his amendment. worship God in such manner as he thinks WITNESS S —RELIGIOUS TEST. most acceptable to Him, all persons are Mr. MILLER. I move to strike out all afequally entitled to protection in their reli- t; r the word "witness," and insert tie gious liberty; wherefore, no person ought,:words, "on account of his opinions on by any law, to be molested in his person matters of religious belief," so that it will or estate, on account of his religious per- read: "Nor shall any person be deemed suasion or profession, or for his religious incompetent as a witness on account of his practice, unless under color of religion any opinions on matters of religious belief." man shall disturb the good order, peace or My object in offering this amendment is safety of the State, or shall infringe the to make this provision of our bill of laws of morality, or injure others in their rights conform to that of other States upon natural, civil or religious rights; nor this point; and also to correspond with ought any person to be compelled to fre- and conform to our recent legislation upon quent, or maintain, or contribute, unless the.subject of the competency of witnesses. on contract, to maintain any p!ace of wor- The Constitution of the State of New York, ship or any ministry; nor shall any person from which I copied this amendment, probe deemed incompetent as a witness or ju. vides thatror, who believes in the existence of a "The free exercise and enjoyment of reGod. and that under his dispensation such ligious profession and worship, without persons will be held morally accountable discrimination or preference, shall forever for his acts, and be rewarded or punished be allowed in this State to all mankind; therefor, either in this world or the world and no person shall be rendered incompeto come." tent to be a witness on account of his opinMr. JONES, of Somerset. I move to strike ions on matters of religious belief." out the word "a," before the word "God," Now, so far as the striking out the part near the close of the article, so that it shall relating to jurors is concerned, that is a read, " who believes in the existence of God, matter which the Legislature is perfectly and that under his dispensation," &c. competent to provide for. It is perfectly Mr STIRLING. I do.not think that makes competent for the Legislature to provide any practical difference. Still I think it is that no one shall be a juror, to sit in the better, and will vote for it. trial of cases, who does not' believe in the The question being taken, the amend- existence of God," &c. It is perhaps very ment was agreed to. proper that there should be some such proMr. DUVALL. I move to strike out the vision as thatin relation to jurors; but the word " or," between the words " fre- Legislature can provide for that. quent" and "maintain," so that it will But in relation to the coLqopetency of a read, "nor ought any person to be com- witness-I am speaking now in the legal pelled to frequent, maintain, or contribute, sense-the competency of a witness to lesunless on contract, to maintain," &c. tify, the Legislature of this State last winMr. STIRLING The gentleman will recolI ter passed a law allowing one who his lect that the language here employed was been a convicted criminal to go into the adopted a great while ago, when it was witness box and testify. A man who has customary to put in the conjunctions been in the penitentiary, and convicted of "and" and "or" cumulatively. The any crime whatever, except that of perjury, true, full, amplification of the English lan- our law now allows to go into the witness guage requires those words to be put in in box and testify. Now, it seems to me that if all places. It is so done now in all legal pa- we have gone thus far in legislation upon 370 this subject, we ought to go a step farther, Its only effect is to plut a limitation upon and not require this qualification as to the the power of the Legislature to exclude percompetency of a witness. The creditability sons from the witness stand. It says they, of a witness is a different matter. Let his shall not exclude a man from being a witreligious belief be a matter of inquiry, and ness or a juror, if he believes in the existlet it go to the jury, and let them deter- ence of God, and a future state of Jewards mine whether they will believe him or not ind punishments. This article, as it now no matter what his religious belief may be. stands, does not prevent the Legislature But in view of the legislation we have al- from admitting him to testify even without ready had upon the sflbject, I think we that belief. As the gentleman from Anne ought not to impose any disqualification to Arundel (hMr. Miller) ssys, the Legislature testify as a witness on account of religious says that a man who his been a convict beliet. may be a witness, and you can let that I have no doubt that, if a murder were fact go to the jury on the question of credcommitted, and nobody saw the crime com- itability. The only effect of the change in mitted but a man who would say he did legislation is to make the jury the judge of not believe in the existence of God, but that instead of the court. There is no newho was such a man as Hume or Gibbon, cessity for making this charge. It does or any other infidel, who was a man of not give the Legislature any mote power, honor and integrity and truthfuluess, it but rather gives them a littleless power. would be considered hard that the criminal As the article now stands, it prohibits the should escape punishment because that Legislature from excluding a man who has man's religious belief disqualified him from this much belief. q he gentleman from going on the witness stand and testifyiug Anne Arundel (Mr. Miller) would prohibit to what he saw. We should, it seems to them siill further from excluding a man if me, go as far as most of lhc States of this he had still less belief. No e, I am willing Union, I believe, have gone, and not ex- to leave it to the Legislature; if they say elude a person from testifying as a witness that it is better to go back to the old system on account of his religious belief; not ab- again, I am willing to let them have the solutely disqualify him from giving testi- power to do so. This is a declaration of mony, but have the question of his credita- the general principle that a man ought not bility to be inquired into and determined.o be excluded if he believes in God, and a upon by the jury. Let the witness be cross- future sate of rewards and punishments. examined as to his religious belief, and then I do not want to say that the Legislature let.the jury say whether they will believe has no right to ask that question; I think him or not. A man who has been con- the Legislature should have the right to victed of stealing, or any other infamous ask that question. Whether they will ask crime, and has been sent to the peniten- it or not is a mere matter of expediency for tiary and has served out his time, is not them to decide. excluded from the witness-box, but can go Mr. DANIEL. I do hope, Mr. Cbairman. upon the stand and testify against any of this amendment will not be adopted. I his neighbors. That matter, however, may think I see great propriety in retaining this be enquired into, before the jury, as affect- provision in the bill of rightsjust as it nowr ing the question of his creditability. The stands. Indeed not only that, but I think provision I propose is in the Constttutions of we ought to recognize in our Constitution most of the States, and I believe it should more than we do, the existence of God, and be inserted here. our accountability to Him, and that we Mr. BARRON. I never want to see the derive from Him all our benefits, social and time in the State of Maryland, when a mao otherwise. I think we ought to be very can appear as a witness to swear either for cautious how we break down any safeguard or against me, who does not believe in a of this kind. I believe that witnesses God. I think that every man who is a ought to be held responsible, to God, and I witness on the stand should be at all times do not believe any man is qualified, or a believer in the Supreme Ruler of the ought by law to be allowed to testify in any universe. I shall not vote for any motion court of justic'C, who does not believe in to allow any man to be eith~:r a witness or God and in future rewards and punisha juror who does not believe in the exist- ments We ought to make this as secure as ence of a God. I am perfectly willing to possible, and not allow any future Legislastrike out "a" before the word " God," ture to say that any man can come into a but I can go no further than that; I would court of j istzce and testify under such cirjust as lief have a fox for a witness, if he cumstances. could talk, as a man who did not believe in I disagree with the gentleman from Anlne Gov. Arundel, (Mr. Miller), that this is a matMr. STIRLING. AS this article stands now, ter which may go to the jary and be judged it does not prohibit the Legislature from of by them. f recollect a case which I tried, letting anybody they choose be a witness. in which I tried to invalidate the testimony 371 of a witness upon the ground that he was himself morally accountable here and herenot a believer in the Chris ign religion. after for his acts, or whether he believes in But the court would not allow that question theexistence of a God at all-let that be to go to the jury, because it did not disqual- considered by the jury, and not by the ify the witness, and therefore would not al- court. I desire this amendment to be adoplow the question for the purpose of discred- ted, but I want to have my motives distinctly iting. The courts may nct allow you to understood in offteing it. ask such a question, unless it absolutely The question being then taken on the disqualifies a man from being a witness amendment of Mr. iMiiler, it was not agreed I think, therefore, that this ought to dis to. qualify a man in toto, and that we ought No further amendment being offered to not to open the door wider than it now is; Article 35 — that we ought to have all the checks which Article 36 was read as follows: can be pi-t around this subject, and even'"That no other test or qualification ought then, as common experience shows, how to be required on admission to any office much false swearing and perjury there is of trust or profit, than such oath of office in every court of j stice. If you allow a as may be prescribed by this Constitution man to come in and testify without any just or by the ltws of the State, and a declarasense of his responsibility to his God, and tion of belief in the Christian reli, ion; and without any belief in future rewards. and if the party shall profess to be a Jew, the punishments, you will be encouraging this declaration shall be of his belief in a future false swearing and perjury. I am for state of rewards and punish mepts." strrngthening and tightening those checks, Mr. STIRLING. I desire to offer a slight rather than loosening them in any respect. amendment to this article. I move to inI hope, therefore, that no amendment will sert, after the words, " than such oath of now be adopted that will have a tendency office" the words "and qualification," so to loosen the restraints we now have. that it will read " than such oath of oflice Mr. MILaER. I do not wish to be misap- and qualification as may be prescribed by prehended in relation to the motives with this Constitution, or by the laws of the which I offer this amendment. I believe State " I do not think there can be any myself as firmly as any manin the existence objection toit. It carries out the idea of of God; that every man will be held the first part of the section, " that no other morally accountable for his acts, not only test or qualification ought to be required," here but hereafter. But our legislation, &c.; but it makes it plainer. and our bill of rights as amended in 1850, The question being taken upon the allows a class of persons to come into courts amendment, it was agreed to. of justice as witnesses, and prohibits the oATH OF OFFICE-RELIG1OUS TEST. Legislature from excluding them from the Mr. RIDGELY. [ move to ameud article witness stand, who do not believe in any 36, by striking out all after the word future state of reward and punishments-i' State," so that the article will then readthat is, after this life. It allows that class "I That no other test or qualification ougpht of persons who call themselves Universal- to be required on admission to anry office ists, or Unitarians, a certain class who hold of trust or profit, than such oath of office that all our sinful ac's will be punished in and qualification as may be prescribed by this world, and not in any future world. this Constitution or by the laws of the And most of the States have gone as far as State." the State of New York, in whose Constitu- Mr. CLARKE. I move, before this amendtion I find the words of' the amendment I ment is voted upon, to amend the pprtion to have proposed That is, that in reference be stricken out as follows: strike out all to the mere question of giving testimony in after the words " Christian religion " and a court of justice, the L~gislature shall insert the words, " or in a future state of not exclude any man from the witness stand rewards and punishments." That part of on account of any opinion he may enter- the section will then read-" and a declatain in relation to matters of religious be- *ration of belief in the Christian -eligion, or lief. A Turk, a Jew, or an infidel, who in a future state of rewards and punishdoes not believe at all in the Christian re- ments." ligion, seeing some act of crime committed, My object in moving this amendment is or knowing some important fact connected to get rid of this provision which especially with it, might be excluded by the legisla- singles out the Jew, and provides the mode ture, under this article, from testifying to in which he shall declare his belief, in orthat fact in a court of justice. The tenden- der to be permitted to hold an office. The cy of all constitutional legislation in this Jews are a large and respectable class of the country has been to open the door and let people of the State of Maryland, and I in all such persons as witnesses. Then the know that some thought there was rather question of creditability on account of his an invidious mention made of their religion religious belief, as to whether he holds or their denomination, by expressly provid 372 ing how they should be permitted to hold occupy the precise position which the Conoffice, by providing that " it the party shall stitution of the United States occupies. It pxofess to be a Iew, the declaration shall be is the idea of some gentlemen that no reof his belief in a future state of rewards and ligious test whatever should be required to punishments." qualify an individual to hold public office. Now if the amendment of the gentleman I profess, Mr. Chairman, to have as high from Baltimore county (Mr. Ridgely) is veneration for the Christian religion as any adopted, there will be no provision what- man has. I am a humble, perhaps a very ever in our Conslitution recognizing the unworthy member of a Christian religious fact that a party should be a believer in the community. But the opinions and sentiChristian religion, or in a future state of re- ments which I entertain upon that subject wards and punishments. Now, as we are do not prejudice me against those who difa Christian people, as in the preamble of fer with me in those religious sentiments. this bill of rights we express our gratitude I believe that under our form of government to God for our civil and religious liberties; every man who is an elector, who is qualiand having in succeeding articles recoenized fied to be an elector under our Constitution, the existence of God, and of the Christian should also be regarded as having all the rtligion, we should make that also a test for qualification which the Constitution ought office. I think the State can do no less than to impose upon him in order to be one ot to that extent recognize the existence of the elected. In other words that there God and implore his assistance. should be no difference between the qualifiMr. RIDGELY. My friend from Somerset cations of the elector and the qu difications (Mr. Jones) has placed in my hands an of the elected. What I mean is this: in amendment which I will adopt instead of prescribing in your fundamental law what the one I submitted, as it more fully ex- shall be the qualifications to entitle an indipresses my views, and will, I think, meet vidual to exercise the right of suffrage, no the views expressed by the gentleman from religious test is imposed; and, therefore, in Prince George's (Mr. Clarke.) prescribing the qualifications of an individNow, Mr. Chairman, it is'not a fact that ual to entitle him to hold office, you should our Declaration of Rights, in the preamble, impose no religious qualification other than recognizes the Christian religion. The gen- the general declaration of a belief in the extleman is mistaken. It recognizes the exist- istence of God, and a proper moral accountence of Almighty God. And it is in the ability to that God, either in this world or spirit of that recognition that I propose that the world to come, for deeds done in this life. this article in our bill of rights shall con- This Fame proposition, but in a somewhat form to the preamble. If the preamble had different form, was submitted in the Conset out with an express acknowledgment of vention of 1850, of which I had the honor the Christian religion, then it would be per- to be a member. It was then submitted in fectly consistent to carry that acknowledge- this form: that no person should be disqualment and recognition throughout the De- ified from any civil or political capacity on claration of Rights. account of his religious belief. That was Mr. CLARKE. Article 36 recognizes the considered to be too general and compreChristian religion by providing that a party hensive. But it was by virtue of that proto hold office shall declare his belief in the position that there was afterwards introChristian religion; or, if a Jew, his belief duced into this Constitution this very idea in a future state of rewards and punish- of freeing witnesses in courts of justice, and ments. jurors, from the disqualifications on account Mr. RIDeoLY. The position that the gen- of religious belief, which formerly existed in tleman occupied was that the bill of rights England. set out with an expression of gratitude to The idea which I desire to impress upon Almighty God for the civil and religious this House is, that in view of the great difprivileges we enjoy. And the idea he de- ference of religious opinions that exist in sired to convey to this House was that that this State, and the earnestness and perfect declaration should be preserved throughout honesty and sincerity with which those rethis bill of rights, and that it would be in ligious opiniopns are entertained, it would be harmony with that declaration tio have this neither wise, nor proper, nor just, on the article retain the declaration that we are a part of this Convention, to impose such a Christian people. stringent restriction upon our fellow citiNow my theory is this: that we are a zens, as to require that they should all bepeople who recognize the existence of a Su- lieve in the Christian religion in order to be preme Being, the Almighty God, and of our qualified to hold office, or the modification just moral accountability to that Supreme proposed by the gentleman from Prince Being. And to that extent it would George's, (Mr. Clarke), a belief in a future be proper and just to preserve the idea in state of rewards and punishments; although the Constitution throughout. The propo- I should be unwilling to admit any provision sition which Ihave submitted is designed to into our Constitution which would admit 373 the right of any individual to hold office sentiments of my fellow man, who entertain who did not acknowledge his just moral ac- his religious views as conscientiously as I countability to the Supreme Being. I hold. entertain mine. It is for this reason that I therefore, in perfect consonance with the am opposed to the introduction of these principle and spirit of the Constitution of words into the Constitution. the United States, that no religious test This mratter of religion is a sacred matter; should be required. I hold that the en- it is a peculiar matter; it is a matter belightenment of the age endorses that senti- tween man and his God only; it is a spiritment; that the experience of the past coa- ual matter; it is a matter of inter-commufirms the wisdom of it; and that no interest nion between the spirit of man and his God. in the State would be imperilled by the And every man ought to be left to the free adoption of a provision of that kind in our and independent exercise and enjoyment of organic law. that inter-communion, and that sentiment. There are people who believe precisely as And neither by direction nor indirection the Jews believe, yet who do not call them- ought there to be any attempt in our Conselves Jews. There are a great many varie- stitution to give character or color to any ties and shades of opinions upon this sub- peculiarities of religious sentiment. I project of religion. As a Christian man I ob- pose, therefore, that these words that specify ject to this indirect and constructive ming- a particular character of religious sentiment ling of the Church and the State. I do not shall not enter into our Constitution. believe it is proper, by the faintest possible And, as my friend from Somerset has emrecognition, to introduce into our Constitu- bodied in an amendment which he has sugtion any recognition of any sect in particu- gested to me, the idea I desire to have lar; they should all be treated alike. Al- embodied in this Constitution, and as it is though I hold the Christian religion to be in perfect consonance with the 35tn article the highest possible moral and sublime the- which this House has just adopted, I will ory of religion, yet I am not willing to in- substitute it for the one I have offered. It troduce it into and engraft it upon our is to strike out the wofrds —" in the Christian Constitution, to the exclusion of all other religion, and if the party shail profess to be forms and theories of religion. I propose a Jew, the declaration shall be of his belief;" to admit every man who blieves in the and insert the words-'- in the existence of existence of God-the Great God who cre- God, and," so that the clause shall read: ated the Universe.-and in a just moral "and a declaration of belief in the existence accountability to that God, either in this of God, ant in a future state of rewards world or in the world to come. And I want and punishments." I submit that as my to keep out of the Constitution every idea, amendment, in lieu of the motion to strike every species of language, which would in- oat simply which I first submitted. dicate that there was any particular sect or Mr. CLARKS. I do not know that that creed, or any particular theory of religion, really differs from the amendment which I that was to be preferred; or that was, by submitted. the peculiar and special sanction and ap- Mr. JONES, of Somerset. It differs in this proval of this body, to be recognized as the respect only: the amendment submitted by especial and peculiar religion of the State. the gentleman from Prince George's (,Mr. I hold that, although you may not in so Clarke) provides two forms of declaration many words establish any particular creed; of belief, either or' which the party could may nAt in so many words establish any sign; the one a belief in the OChristian relipeculiar rule of faith for the people and the gio; the other a belief in a future state of Government, yet you constructively estab- rewards and punishments. This provides lish one when you say that a man must but one form-a declaration of belief in the believe in a certain religious faith, or other- existence of God, and in a future state of wise be ineligible to office; you thereby, rewards and punishments. It includes both indirec:ly and constructively, establish a of the clasies which would be embraced in Government creed. the amendment of the gentleman from Prince Therefore, as a Christian man, a humble George's; for the man who believes in the and unworthy member of that profession Christian religion, believes in the existence though I may be, I am opposed to the intro- of God, and in a future state of rewards duction of any provision which recognizes and punishments." any sect, class or theory of religion, in the Mr. CL.REKE. I am willing to accept that Constitution, as the peculiar and preferred amendment, and therefobre I withdraw the religion and sentiment of the people ot this amendment I submitted. State. I have my peculiar theories upon The question was upon the amendment of the subject of religion. I honestly and con- Mr. Ridgely, to so am nd the latter part of scientiously believe the Christian religion to article thirty-six, that it should read —" and be the only true religion. But I cannot a declaration of belief in the existence of God, consent to fasten down, to chain down, and in a future state of rewards and punto bolt down, to bar down, the minds and ishments." 3174 Mr. JONES, of Somerset. I concur very well to advert to here, by way of showing fully in the views which have been sub that, in the providence of God, we may permitted by my friend from Bltmore county haps owe much to the fact that in some of (Mr. Ridg; ly.) I do rot think, sitting here our sister colonies there existed restrictions as we are for the purpose of establishing a which turned the fortunes and course of form of civil governoment for a community Lord Baltimore to the waters of the upper that does not recognize the propriety of Chesapeake, and ultimately led to the settleuniting Church and State, that we can un- ment of this State. The first Lord Baltimore dertake, with any show of consistency, to was brought up a Protestant. While hold(xolude from any civil office of trust and ing a very high position in the cabinet of lrofit in the State a very larPte class of per- the Britih King, he was converted to the sons Mwho may differ from those of us who Catholic faith. In the conscientious exercise hold to tie fundamental doctrines of tie of his faithfulness to his sovereign, the test Christian religion. I l elieve that all the oath, and the persecution for religious beStates of this Union have gradually brought lief, which then existed in Gieat Blitain, their organic law to this condition: thatthe anr which the Governme-nt (nergetically only religious test-if it. can be called a re- enforced, so pressed upon him, that be religious test —which shall be required. as a signed his cffioe, upon the ground that be qualification lor admission to any civil office could not conscientiously enforce the exof profit or trust in the State, shall be a actions of the Government in relation to declaration of belief in the existence of God, religious belief. Not only that, but in orand in a moral.ccountability in a future der that Le and those who believed with state of rewards and punishments, whether him might escape persecution for their rethat be in this world or in the world to come. ligious belief, he left the shores of England Now, sir, it is well known how much of' and took up his residence upon the island disorder, confusion and stiife has been in- of Newfoundland, in the province called duced by matters of difference in religious Avalon, for which he obtained a grant, and belief. It is well known that one of the remained there with his followers for some fundamrental principles upon which our Gov- two years. The climate and scil of that ernment is 1l.ased, is the entire separation of island not proving such as were desirable matters of religion and matters of civil got- for his purposes, he left that island, and ernment; leaving all matters of religion to with his family and followers set out to take be questions between man's conscience and up their residence in the colony of Virginia. his God; and a 1 questions of civil govern- When he arrived there the authorities of the ment to be controlled by tho e considera- colony immediately tendered to him the tions which are embraced in the good and oath of allegiance and supremacy. It so benefit of society. At the same time all conflicted with his views as a Catholic that experience shows that those only are to be he declined taking it, and frankly informed trusted with the exercise of important fune- the authorities of Virginia th:;t he and his tions of civil government an ong us, wbo do followers could not take that oath. But he recognize the responsibility binding upon prepared a modified form of oath, which he their couEciences in a belief in the existence presented to the authorities as one which he of God, ead their moral responsibility to was willing to take; being an oath of allegiHim for all their actions. ance and a declaration of belief in the Test oaths and stringent restrictions in Christian religion. This the authorities of reference to religious belief, have frequently Virginia rejected. Lord Baltimore conseretard d the growth of' population and quently )eft the colony of Virginia, and took wealth in civil communities. Where the a tour up the Chesapeake, examining the restrictions are narrow and stringent, a bay, rivers and harbors. Seeing what a great many worthy ptreons who would beautiful country it was, he returned to otherwise settle among us, are excluded and England and obtained a grant of the then compelled to go elsewhere. The restrictien reigning monarch, of this province of Maryin regaid to the Jews, which existed in thiz land, when he returned here and effected the State for so many years, had the iendenc3 settlement of this colony. Thus by that exto exclude them fi or our comthur.ity; very action on the part of the authorities of Virworthy, intelligent and excellent persons o ginia, Lord Baltimore, with all his influence that belitf went elsewheie, where no bar of and wealth, together with his followers, civil governmetut excluded thtm from con- was excluded trom settling in Virginia. sideration in the State. For a long time And no doubt, under the providence of God, that cluss of population in oar State was we owe much of the freedom, growth of very small But tince that sestriction has population, and the benefit of the institubeen removed it has very considerably in- tions which have been handed down to us creased, and I believe thbty are as peaceable, by our ancestors in Maryland, to that single quiet and worthy citizens as any we have. fact. It seems, therefore, that religious perThere is a singular fact connected with secution sometimes inures to the benefit o the settlement of Maryland, which it-may be others. Lord Baltimore returned from Eng 3A75 land not only with the followers which he in regard to religion, with any distinction originally brought over to this country, but between sects and denominations, ought he brought with him a great many other forever to be prohibited. And i believe gentlemen of education, wealth and high that the requirement from any individual standing who settled in this State. And I of any declaration of b:eliefin any bind of think it would be but a poor commentary religion ought forever to be prohibited. upon that example of religious freedom es Now there is no such thing as the right tablished by the first settlers of Maryland, to hold office. No man has a right tohold for us to exclude from any civil office under office. The prescription of qualifications of our Government, any one who believes in office, are within the power of the people of the existence of God, and a future state of this State; and they have a right to pro. rewards and punishments, whom the people vide in their organic law just such qualifimay deem worthy to be trusted with civil cations as they choose to provide, and no authority. man can say that his rights are in the Xlr. STIRLING. It is not in order now for slivhtest d-gree infringed upon, no matter me to offer an amendment which I have what qualifications of cffice may be pred. awn up, as an amendment to the pending scribed The fact is, not that this is merely amendment, for it contains sonre matter a Protestant community, a Presbyterian which is not germain to the pending ques- community, or any other kind of commulion. I wish, however, to give notice that nity so far as religious sects are con erned; at the proper time I shall move to strike out but that this is a country of Christian peoall of this article after the word " That," pie, as a general rule, cannot be denied. ard insertthe following as a substitute' Cur population is not a Jewish population, "' No other test or qualification ought to a Mahommedarn population, oran idol]atrous berequired onadrmission toanyofficeofprofit population. but a Christian population. or trust, than such oath of allegiance and And there is d propriety in saying that in a fidelity to this State and to the United community so thoroughly united in its reStates, as may be prescribed by this Consti- ligious belief, fr m its earliest settlementtution, and such oath of office and qualifi- its people coming from England, Germany, cation as may be p escribed by this Consti- France, Spain, or any other country, runtution, or by the laws of the State, and a ing back to the Christian stock, the only declaration of belief in the Christian religion, exception being those who belong to ihe or in the existence of God, and a future state Jewish persuasion, and which form but a of rewards and punishments." small portion of all our population, and is Upon the latter clause of this I desire to really cognate to the Christian religion in say a few words. There is but one class of belief —there is a propriety in a Christian persons wl om I wish to embrace in the pro- people saying that they do not want a Ma. -visions of this article beyond those who be- homrnedan, or a Chinese idolater to occupy lieve in the Christian religion, and that is any office of profit or trust under their Govthe Israelitish or Jewish population of this eminment; ihat he cannot rule in such a State. No other consideraticn but my de- manner as to accommodate himself to the sire to allow them the privileges which are proper interests and feelings of the people intended to be extended by this provision of this State. It is not a question of right would induce me to vote for any change but a question of expediency, and of expewhatever in this portion of this article. But diency alone. The Court of Appeals of this for that I would prefer to let the article State has summarily decid(d that the Chrisstand as it stood in the old Constitution,.ian religion is a part otf the government of and require a declaration of belief' in the this State; not in any particular frn), b 4t Christian religion from everybody. But I in its general principles. And whi eI wish, recognize the ftact that there is a large class for the purpose of admitting this large class ( f the population of this State who hold the of persons to which I have alluded, to put Jewish belief, whichtoacertain extentis cog- out of the Constitution this word " Jew," nate with the Christian religion.'They hold to which they have some serious objection to a great part of that same Scriptures which in this connection, I do'not wish to!eave. ~he Christians believe. They hold that the out the words " Christian religion,'" because same law which was miraculously given on I want to assert this general principle, that Mount Sinai was given to them as well as this is a Christian comcmunity, which, while to us. They recognize the existence of God it reconizes no natural right in any indiin the same sense that we do; not the god vidual to hold office, yet from motivps of of the Romans. not the god of the Indians, kindness and expediency, are willing to ex. not the god of the Mahommedans, not the tend the blessings of toleration as far as they god of Chinese idolaters, but the Go i that can practically be exercised, even in regard is revealed in the Holy Egangely, and in to office, to this class of population, not as a the Scriptures of the Old Testament. And right but as a privilege. I desire while still that is the only God that I mea;n by my de- asserting that we are a Christian comclaration of belief. I believe that any oath munity, to admit this class of our popula 376 tion to the privilege of holding office. But Mr. STIRLING. And that is the clas3 I I do not desire, by striking out the term want to get in. "Christian religion," to deny that we are Mr. CLARKE. And I think my amenda Christian community, and to let them in ment covered all classes when it provided as a matter of right without any distinc- for a declaration of belief in the Christian tion between them and others. regigion, or in the existence of God and a I do not care, sir, what other States have future state of rewards and punishments. I done. I know that the most of them have think it will meet the views of the gentleman left the words "God " and "' religion" al- in relation to this last clause, to move to together out of their Constitutions. But in strike out all after the words " Christian remy opinion it has been on false principles; ligion," and insert the words' or in the on principles which our fathers never estab- existence of God and a future state of relishf d, and which have no foundation either wards and punishments." The article will in justice or in right. The law says you then readshall not require any man to believe in or " That no other test or qualification ought support any particular form of worship. to be recognized on admission to any office But when you are passing upon qualifica- of trust or profit, than such oath of office tions of office it is your business and, our and qualification as may be prescribed by duty to recognize the conditions of society this Constitution, or by the laws of the in which you live, and to fix the qualifica- State, and a declaration of belief in the tions for,ffice to suit those conditions of Christian religion, or in the existence of society; and you do no injustice to any God and in a future state of rewards and man by providing safeguards around the punishments." seats of power in the State. That is the That, I think, would cover all cases. As reason why no man has the right to say, to the other point, which the gentleman proif you r(quire an oath of allegiance from poses to raise by his substitute, in reference him,. that you are fixing upon him prin- to allegiance, etc., we do not desire to meet ciples to which he does not agree. It those questions now. I think they will be is for the sovereign people of' the State to better met hereafter. say what principles they consider safe; and Mr. STIRLINs. I do not offer my substiif they make up their judgment that it is tute to be voted upon now. I have no obhnecessary for the safety of the community jection to the amendment indicated by the that certain principles only shall be sauc- gentleman from Prince George's (Mr. tioned, no man has the right to complain. Clarke.) The idea of the gentleman from Baltimore Mr RIDGELY. I desire to say a word or county (Mr. Ridgely), that every man who two in reply to what has fallen from the is a voter shall be entitled to hold office, gentleman from Baltimore city (Mr. Stircannot be carried out. You allow a man ling.) And first, in relation to the interto vote when he is twenty-one years of age; pretation which he has put upon the argubut you require a Senator to be twenty-tive ment which I addressed to the House upon years of age, and a judge to be thirty. You the subject of the qualifications of the elector allow a man to vote in this State after one and the elected. He has entirely misapplied years residence; but you do not allow a the idea which I desired to convey to the man to hold office in this State until he has House, and therefore the comment he has resided in it three years. The distinction made upon my argument does not at all between the qualifications of a voter and of meet the case. The theory of my argument an cffice-holoer is kest up all through the was that the qualification in relation to a Constitution. religious test —the subject then particularly The part of my amendment relating to the under consideration-should not differ beoath ot allegiance, I do not suppose can be tween the elector and the elected. Of course objectionable to any body; because it says, there may be different quali:.cations in other "'such oath of allegiance and fidelity to the respects, such as age, length of residence, State and to the United States, as may be &c., which it would be perfectly competent prescribed by thi% Constitution." I give for the Constitution to prescribe, as our notice that I shall offerswhat I have read as present Constitution does prescribe. a substitute for this whole article. I now ask the attention of the House to Mr. CLARKE. I agree entirely with the the very impressive view which the gentlegentleman from Baltimore city (Mr. Stir- man has attempted to take in relation to ling) in all he has said in reference to the this word " Christian;" and the inference declaration of belief in the Christian reli- he seeks to make, that if we withhold the gion. And when I first drew up my amend- word "Christian" from the Constitution, ment, my idea was that all men who be- we in point of fact ignore we are a Christian lieved in the existence of God, the God people. Now, it is hardly necessary for me whom we Christians recognize as God, were to offer a word in reply to the argument believers in the Christian religion, except in that the withdrawal of the word " Christian " the case of Jews. from our Constitution necessarily or even indirectly implies that we ignore the Christ- A And is there anything in the declaration ian religion. Such an argument answers of a belief in the Christian religion that adds itself. And I do not think I could, with tothe qualifications or fitness of a party for any degree of propriety, attempt to detain ffice? Will the requirement of a declarathe Hou- e to respond to that theory or that tion of belief in the Christian religion deter -argument. a bed Eman from making such a dcclaration? BuG I would call the attention of the Wtill it deter a man who is not a Chrislian Bouse to the provision in the Constitutiorn from making -the declaration in view of his of the United States, aDd upon that I desire Iopportunity to obtain an office? What practo stlbrliit a word or two ot argucument. Seec- 1 tical puiposg-s, therefore, will it serve? The tiou three of article six is as follows:' only purpose it can serve is to give character The Senators and Representatives be- to us as a Christian people; to recognize fore mentioned, ind the memriers of the sev- our veneration. for that system of religion. eral State Legislatures, and all executive And is that needed? It can serve no pracand judicial c.feers, both of the United tical purpose, because it can add nothing to States and of the several States shall be the fitness (.;f a party to hold office, and will bound by oath or affirmation to support this not deter an unwo, thy man fiom making the Constitution; butno religious testshall ever declaration in order to obtain office. And be rt quired as aqualification to any office, or then I would ask, how many make a depublic trust, under the United States." claration of their belief in the Christian reJudge Story saj s, the clause requiring an ligion, who act out the very reverse; who oath of all State and national furnctionaries 1even in the very act of making the declara. to support the Constitution, was first carried tion no t unfi-equently give to the world the by a vote of six States to five, and was after- strongest proos thaet they are practically of wards unani-:ously approved. On the finatl any other fia:th. vote it was adopted by a vote of eight States 1 shall therefore vote for the amendment against one or two'divided. The'clause re- suggested by my friend frum Somerset (Mr. -specting ieligious tests was unanimously Jones), ann -which I have submitted to this adopted. Now, will any one pretend to ar- Conver:tion. There are portions of the gue that because the Constitution of the amendment read by the gentleman from Urdited Statds did not spread upon its pages Baltimore city (Mr. Stirling), which as ta that we were a Ch; istian people; that be-. separate and independent proposition I shall cause the (Constitation of the United States t lake pleasure in voting for. But th-ise pordid not require, as;. qualification for office, tios aie not germain to, or in legitimate that a party should take an oath or make a connection with, this proposition, and I declaration of belief in the Christian reli- trust will not be pressed upon us now in this gion, we are, there!ore, any theless a Christ- connection. ian people? Is it not equally true in rela- Mr. TIRLING. I merelyreaditfor information to the people of the United States at tion; I do not desire the vote taken on it large, as it is utue in relation to the people now. of the State of Maryland, that we are a Ir. RIDGELY. The idea that the gentleChristian people? i grant with the honor- man is induced to offer this proposition, able gentl[eosna that we are a Christian peo- 1only for the purpose of admitting one class pie; that we of Maryland are fobr the most 1 of people to the exclusion of oather classes, is p-,rt a Christian people. But we are no less a reason with me for not voting for it. He a Christian people in our character as the is wiling to enlarge the rule and admit a people of the United States. Yet the Con- respectable and important class of people, a stitution of the United States requires no very woith!y class of citizens, but not more declaration of belief in the Christian reli- so than the Universalists and the Unitarians, geion, no religious test whatever, though who expressly deny our Christian religion. framed by men who recognized the Chris- Mr. STIRaINAa. Can the gentleman find a tian religion, and who, in every step Univeralist or a Unitarian in this State who made in the struggles of our revo- Idoes not profess to be a Christian, who does lutionary fathers, as distinctly recognized Inot repudiate as an insultthe charge that he the favor and protection of God, as is not a Christian, and hold that such a charge they recognized that God in the light of' is but an instance of bigotry on the part of the Christian religion. i'hose men, expe- those who mate it? rienced, wise, worthy, time-honored, Christ- r. RIDGELY. I have known them to be ian m. n, in framing and establishing a form ruled out of a court of justice. of government which was intended for men Mr. STIRLING. Not because they were not of every variety of opinion, of every shade Christians, but on account of their not beof religious belief, regarded it as wise. and lieving in a future state of rewards and proper, and just, and equitable, to steer clear punishments. of any difficulty upon that subject, of all Mr. RIDGELY. The very fact that men others perhaps the most delicate and most are dividec upon the subject of the Christian vital. religion is a- reason why we should not 25 378 mingle that subject with subjects of State sider and report a Declaration of Rights, governmeat and politics. We are come to- enquire into the expediency of engrafting a gether to make an organic law to affect our section in the Declaration of Plights, that no civil and political rights only. And while religious test shall be required as a qualifiwe have protected as largely and compre- cation for any office of public trust; that hensively as we can the conscientious and the free exercise and enjoyme.t of religious religious scruples and opinions of men, profession and worship, without discrimiwhen restrained within proper limits so nation or preference, shall forever be althat they do not become licentious, we lowed in this State; and that no person should have an eye single to the construc ion shall be rendered incompete-nt to be a witof our State fabric as a political fabric only, ness cn account cf his opinions ona matters for the protection, preservation at d eiioy- c;f religious belief; but the liberty of conment of political and civil rights. science hereby secured, shall not be conI have imy theory of the Christi n reli- strued as to excuse acts of licentiousness, or gion. That theory is one of the mediation justify practises inconsistent with the peace of Christ, by and tbrough which mediation or safety of this State." only do f hope, and upon which I anchor At page 223, the Convention will find the all my hopes. But will the Universalist report of the Cornmittee on the Declaration concur with mein that opinion? No. sir; he of Rights, originally,ubmitted bv that rejects it. Will the Unitarian concur with great and good man Judge Dorsey, in which me in that opinion? No, sir; he rejects it. article 35 is as follows: And I do not know how many other sects'"That noothertest orqualificationought will do the same thing. But they meet me to be required, on admission to any o ffice when they make the declaration of their be- of trust or profit, than such oath of support lief in the existence of God-not in the ex- and fidelity to this Slate and the Un:ited istence of a god, not in the god of the Rc- States. and such oath of office as shall be mans, not in the god of the heathen-but directed by this Convention, or the Legisone single God, the Supreme Architect and lature of this State." Creator of this universe and all things there It will thus be seen that the Convention are in it; the Christian's God; the God, if of 1850, in their original report upon this they believe in a revealed system of religion, subject, which was adopted, excluded reliof the old dispensation. I believe in that gious tests of all kinds whatever. I had revealed system, in the old dispensation; prepared an amendment intended to secure if a man believes in that he will meet me the same result, but I will not offer it, as it there. And believing in that old dispens- is covered by the amendment of the gentletion, he meets me still further, when he man from Baltimore county. (Mr. Ridgely.) says-"' I believein theexistenceof God and By reference. to page 202 of the Proceedings, in my moral accountability to that Gtod, under dale of May 8, 185I, there will be either by penalties to be incurred in this found this entry: life, or by punisehents in a future life." Mr. Chambers, of Kent, moved to reI conclude with the idea that I originally at- consid.er the thirty-third article, to be found tempted to convey to this House: that high on page 293 of journal, for the purpose of as our veneration may be for our own sys moving the following amendment to the tem of religion; dearly as we may cherish same, by strikina out from the word "or," it; and, believing it to be o? Divine origin, in the second line, to the word " State," highly as we may prize it above all other sys- inclusive, and by inserting as an additional tems of religion ever devised and taught, article the following: yet we should not undertake, in a spirit of " That no other test or qualification ought intoler. nce, to require other men to sub- to be required on admission to any office of scribe to the same religious faith. The trust or profit, than such oath of office as proposition I havesubmitted, at tho sugges- may be prescribed by this Convention or by tion of my friend from Somerset (,Ar Jones) the laws of the State, and a declaration of is as far as I am willing to go; to admit belief in the Christian religion; and if the every man who believes in the existence oF party shall profess to be a Jew,. the declaraGod, the God I believe in, the GJd oul be- tion shall be of a belief in a tuture state of lieve in, the true and only God, and in a rewards and punishments."' future accountability to that God. It will be seen, by refBeence to page 785 Mr. THOMAs. I am in lavor of the amend- of the second volume of the Debates of the ment submitted by the gentleman firom Convention of 1850, that upon this motion Baltimore county, and trust it will be a lengthy debate occurred between Judge adopted. if the Convention will refer to Chambers, on one side, and Judge Dorsey, page 117 of the Proceedings of the Conven- Mr. Ridgely and Mr. Howard oa the other; tion cf 1850, they will find that on the 7th in which the eantleman from Baltimore of December, 1850, Mr. Biser introduced the county (Mr. Ridgely) took the same ground following order, which was adopted: that he has announced here to-day. I adopt'Ordered, That the Committee to con- the language cfJudge Dorsey on that occa 379 sion, because I cannot express myself in half State. I move to amend theb6-a-Xndment, so as good words as he did, in the position he that the last clause of this article shall readtook against the qualification proposed by "And a declaration of belief in the ChrisJudge Chambers. He said: tian religion or iun the existence of God and "If there was any plriuciple in the reli- in a future state of rewards and punishgious test proposed, its operation should be ments.' universal; it should admit of no exceptions. The amendment of the gentleman from Hebelonged tothesame church with hisfriend Baltimore county is to strike out the defiorn Kent, and was, he trusted, as sincerely claration of belief in the Chiistian religion, anxious for the univers.l propagation of the and to require only a declaration of belief Christian religion as he was. They only in the existence of God and a future state of differed, be thought, in the means of accome- rewards and punishments. My amendment plishing it. Be regarded religion as an in- proposes to allow a party to mace a declaraward, a spiritual work, reserved by the tion of belief in the Christian religion, if he Deity to himself, and to his own agents spe- chooses; or if he does not desire to do that, cially selected for that purpose; of which he can -make the declaration proposed by profane legislation or legislators formed no the gentleman from Baltimore county, and part. (He used the word'Iprofane" in no say-" I declare my belief in the existence offensive sense, but as contra-distinguished of God, and in a future state of rewards and from clerical or ecclesiastical.) He had ai- punishments." It covers all cases; it perways thought civil or profane legislation mits any one to declare his belief in the was to control our temporal concerns, to Christian religion, but does not make that make good citizens, not to make good Chris- the sole test. If hedoes not desire to take tians. By legislative restrictions, persecu- that, then he has the alternative of declaring tions, pains, penalties and forfeitures you his belief in the existence of God, and a fum:Ay make formalities and hypocrites; but ture state of rewards and punishments. Innot Christians. Profane legislation is an stead of confining the declaration simply to outward work, a conformity to which is that proposed by the amendment of the genenforced by outward means, by force tleman from Baltimore county, I propose to Christianity is a spiritual and inward work. give the party an option I think, thereincapa.ble of creation or extension by outward fore, my amendment will meet the views of force or violence, emanating from mere will. all sides. " This declaration of a belief in the Mr. Jo.Ess, of Somerset. The sole objecChristian religion has not, as far as my tion I have to the amendment of the gentleknowledge and observation extend, ever ex- man from Prince George's, (Mr. Clarke) included a man from office, who was unworthy stead of the amendment of the gentleman of it; hypocrisy and falsehood enable him fr.om Baltimore county, (Mr. Ridgels) is that easily to surmount the barrier-whilst the it creates two classes, establishes two tests, upright, conscientious man, who deserves and is after all an invidious distinction. I the office, would be excluded. It is unjust agree most fully with the views of the genand impolitic on another ground: you tleman from Baltimore city, (Mr. Stirling) alienate from your government the affections in reference to the fact that it is for the sovof all those who are not Christians; you ereign people of the State to limit and prehold out to them the strongest temptations scribe the qualifications of office, and say to disloyalty." upon what terms they will admit persons to Endorsing as I do the sentiments of Judge hold office in this State. It is not a matter Dorsey expressed on that occasion, and o,:f right on the part of any man to hold ofadopting them as my own, I shall vote in fle; it is only a matter of'expediency. Still, favor of the proposition of the gentleman I submit whether it is expedient to keep up from Baltimo-e county, (Mr. Ridgely. ) this distinction of two classes instead of' exMr. CLa.CKE. I desire to offir an amend- eluding every religious test but the declarament to the amendment submitted by the Pton of belief in the existence of God, and a gentleman from Baltimore county, (Mr future state of rewards and punishments. Ridgely), and which I think will meet the There can be no question that the overviews of all gentlemen. There are a great whelming majority of the people of Marymany persons in this State who desire to land are professors of a belief in the Chrishave in this Constitution a recognition of tian ieligion. Those who dissent from that the Christian religion, provided it does not belief' are few. Now, is it worth while, clash with th.e rights of other parties. The when we are abolishing so many distinctions, Christian religion being the religion of the to seemingly keep up two classes, by iequirState, there are a great many gentlemen ing two tests? Why place upon our who desire, if they ever take office, to pro- statute books two tests-the one a declarafess their belief in it, provided it does not tion of belief in the Christian religion, the clash with the rights of other people, and other a declaration of belief in the existence does notat all stand in the way of others of God and a future state of rewards and aesnming the responsibilities of office in the:punishments? Those who Sign the one will 380 be an overwhelming majority; those who who declare a belief in the Christian relisign the other, if they sign it at all will giou-which is admitted on all hands to be constitute a minority, perhaps an invidious the religion of the great majority of the peominority, the sole object of which will be to pie of this State- and those who are unwil. afford the opportunity to some demagogue ling to declare their belief in the Christian to say that they deny the Christian religion, religion, but only to say that they believe because ithey do not sign that declaration. in God and a future state of rewards and I tbink if we int, nd to open the'douoi, and punishments, have we not done enough fur admit all -who are embraceg in the amend- that class of people? And why should we ment of The gentlemen from Baltimore go to the further length of striking out of county, we should not keep up' the two the article the words, " belief in thie Chris. tests. I think, acting in our cfficial ca- tian rel gion?'' pacity here, upion the liberal pprinciples I am willing to vote for either proposiwhich prevail at this time, it is better to ad- tion, for it,oos apoi)eer to me that they both here to-the language employed by the gen- arrive et the same conclusion; they both tleman from Baltimore county. As he has admit to office the same classes oif persons, well said-who is to decide whether a roan and there is nothing t: my mind invidious is a believer in the Christian religion or not? in either proposition towards the one or the That question is creating more and more other class. Still as I see no particular difficulty every day, as can be seen from the reason why the language of the article theological controversies arising everywhere, should be chAnged, I shall vote for the especially in Great Britain, where the State proposition of the geLtleman from Prince controls the creed of the-church. In'Eng- G(eorge's, (NMr. Clarke.) land, one of their bishops has published a Mr'. TODD. I agree with the'sertiments book which those-who differ from him de- expressed by the gentleman from Anne nounce as infidel; they say he is not a be- Arundel, (Mir. Bond.) I see no necessity or liever in the Christian rtliAgiin that he is propriety in striking out of this artic!e of not fit to be a bishop. Yet he is a bishop the Declars.tion of Rights the words, "beof the Church of tlngland, so recognizd by lief in the Christian religion." But I do the State, though he differs from others i,l be- think there is very greet propriety in relief. I think tha.t for the sake of uniformity taining thet phrase. As has been remarked it is better to have but one test. and that the by other gent emen upon this floor, we are test proposed by the gentleman from Balti- a Christian people generally; and I think more county. we should be cireful in our action here, not di'tr BOND. I see no substantial dference to do anything that will be construed in between the amendment of the gentleman the sense of ignoring the Christian religion. fromn Baltimore county, (;Mr Ridgely,) and I hope, ther'efore, the amendmnent of the the amendment of the gentleman fromr Prince gentleman'rom Prince George's (Mr Clarke) George's (;Pr. Clarke.) They both arrive will prevail, and that this Converntion, while at the so.me (result; they both allow men to it extends to ether classes of citizens the hold office who -declare their belief in the right to hold office, will not do any act that Christian religion, and'men' who declare will be construed into a want of recognition only their belief in the existence of- God of that religion which is the prevailing reand a future state of rewards ind punish- ligion of this bSt.~te. ments They both arrive at the same con- Mr. JoNES, of' Somerset. I have but one clusicn at last, the only difference between wor7d more to say. I do not wish to be unthe two propositions being that one leaves derstood at all as discouraoing in any way out the declaration of belief in the Christian whatever a profession of belief in the Chrisreligion. tian religion. That is my hope; that is my -Mly friend from Somerset, (Mr. Jones,) creed; and humble and unworthy a member talks. H:)eat making an iuvidious distinction as I may be of the Christian church, I am conbetwees men who are willing to declare nected with a branch of the Christian church their belief in the Christian religion, and that holds to its creed as rigidly perhaps as men Who are willing only to declare their any other of the denominations into which belief in the existence of God and a future the Christian church is divided. But I mean state cf rewards and punishments. Now, I to say this, that a written name at the foot see no invidious distinction at all. If there of such a declaration amounts, as Judge Dorare men who do not believe in the Christian sey said, to very little. and he haid never religion, is it invidious to say that they do known it to.keep a man from accepting ofnot believe in it? And why should we fice. I thinkl the best profession of a belief strike out of this article the declaration of in the Christian religion which a man can belief in the Christian religion? Is there afford to those who know him and with anything in the Christian religion to be whom he is associated, is to do justly, love ashamed of, that we should strike it out al- mercy and wallk humbly before his God. together from qualifications for office? That is a profession of the christian religion W-hen we put upon an cqual footing those which I most heartily commend to all men. 3-81 And T think we may very well dispense with trust or profit, than such oath of alleeiahee the formality of such: a profession upon the and fidelity to this State and to the United test book in this State. States as may be prescribed by this ConstituMr. CLARKE. The gentleman from Som- tion, and such oasth of office and qualification erset, (Mir. Jones), argues that the adoption of as may be prescribed by this Constitition or my amendment will draw an invidious dis- by the laws of the State, and a declaration of tinction between classes. I think it does no belief in the Christian religion. or a declarasuch thing; it only gives parties an option tion of belief in the existence of God and as to what declaration they will make. I in a future state of rewards and punishhave no doubt that if my friend from Kent ments." (Mr. Chambers) was here to-day, he would I. had thought the words " oath of office" be found advocating, as he did in the last would cover all that was necessary. But in Convention, the retention of this clause in deference to the suggestions of members this article, and if called upon to take an of the Convention, I submit this amendment oath of office he would declare his belief in to make this article more explicit. I do not the Christian religion. My friend from Som- think it is absolutely necessary, but I.prefer erset, (Mr. Jones), prefers the other form; and it in order to make it more explicit. if called upon to take the oath of office would Mr. MILLER. I move to amend the amendprobably take it in that other form. Men ment by striking out the word " allegiance" have'their choice; but it does not follow that and inserting the word "support," so that because ySou take it in one form or theother, it will read "'such oath of support and fidelthat you do or do not believe in the Christian ity," &c. religion. The result will be that those hold- I do not propose to make any remarks upon ing the same belief in the Christian belief will the question of allegiance, because that subbe found on one side of the book, and the ject is under consideration in connection with others will be found on the other side of the article 4 of the bill of rights. This particubook. lar clause of the bill of rights prescribes the SMr. STIRLING. There is no such thing test or qualification for holding office. The known to the records of this State as a sub- -amendment of the gentleman from Baltimore scription to a religious oath; there is no: city (Mr. Stirling) proposes to raise here the signatture; it is a mere verWal declaration. question of allegiance, which we have not iMr. JoNEs, of Somerset. I beg the gentle- yet disposed of in connection with the fourth man's pardon; you have to sign your name article. I propose to put in the word "supto the declaration in the test book. port" instead of "allegiance," in order to Mr. STIRcIN'G. I do not think the records make this article correspond with what was will show that. originally reported in the Convention of Mr. CLARKE. In the Legislature you have 1850, as the article upon that subject; " that to sign your name. no other test or qualification ought to be Mr. STIRLING. To the oath of office, but required, on admission to any office of profit not to the declaration of: belief. and trust, than such oath of support and Mr. JONES, of Somerset. It is done in our fidelity to this State and to the United county, I know. ~ States," &c. I think that is all we ought to Mr. STIRLING. It may be so in the counties, require. but it is not so in Annapolis. The universal Mr. IMILTER called for the yeas and nays.on practice in the General Assembly is this: af- his amendment, and they were ordered. ter the member has subscribed to the oath of The question being then taken by yeas and office, the presiding officer savs-"You do nays, on striking out the word "allegiance" declare your belief in the Christian religion" and inserting the word " support," it resulted -and the only answer to that is to bow the -yeas 14, nays 42-as follows: head. Yeas-Messrs. Bond, Brown, Clarke, Dail, The question was then taken upon the Duvall, Harwood, Henkle, Hodson, Horsev, amendment of AM'r. CLARIKE, and it was agreed Jones of Somerset, Lansdale, Mitchell, Miller, to. Morgan-14. The question was then taken upon the Nays-Messrs. Abbott, Baker, Cushing, amendment of Mr.:RIDGELz, as amended, and Daniel, Earle k Ecker, Farrow, GalIoway, it was agreed to. Greene, Hatch, I-Iebb, Hopkins, Hopper, Jones OATH OF ALLEGIANCE. of Cecil.. Keefer, Kennard, King, Larsh, MarMlr. STIRLING. I move to farther amend key, Mullikin, Murray,Negley,Noble, Nyman, this article by inserting between the wdrds Parker, Ridgel]y, Robinette, Russell, Schlos"than" and "' such" the words " such oath ser, Scott, Smith of Carroll, Smith of Worcesof allegiance and fidelity to this State and to ter, Sneary, Stirling, Stockbridge, Swope, the IUnited States as may be prescribed by Sykes, Thomas, Todd,. Valliant, Wickard, this Constitution and;' so that the article WVooden-42. will read as follows: The amendment to the-amendment was ac" That no other test or qualification ought cordingly rejected. to be required on admission to any office of The question then recurred upon the amend 382 ment of Mr. Stirling, and being taken, the was any such danger, the time has certainly amendment was agreed to. long passed when there was anything to be.Mr. CLARKE. I move to further amend this apprehended from that source. The chief article by adding these words: practical effect of such a provision at this " And no other oath or qualification of time is to prevent the enjoyment of small voting ought to be required as a condition of gifts and small legacies by those for whom the exercise of elective franchise, than such they were intended; and to prevent a person oath or qualification as may be prescribed by from disposing of his property by will or this Constitution." -gift, as he may see fit to dispose of it. I do Mr. RIDGnELY. That is hardly germain to not know that we have had a session of the the article under consideration, which relates Legislature for a long time, that there have to oaths of office. not been applications, and special laws passed Mr. CLARKE. We are upon the question of to authorize gifts of this kind. And I do not test oaths and qualifications- think there ever has been any objection raised Mr. RIDGELY. For office. to granting the application, except perhaps Mr. CLARKE. It may be a question whether technical objections; I think the Legislature the subject under consideration is one of test has always granted it, where they found it oaths and qualifications, or the one of hold- possible to do so. Sometimes between the ing office. It may be considered that this ar- making of the will and the making the apticle 36, relates to tests and qualifications in plication to the Legislature, rights of heirs respect to one thing, and I propose to extend have attached, and it has become impossible it to another. However, if gentlemen prefer to give effect to the purpose of the testator. to pass it over now, I will not press my Seeing no harm in striking out this article, amendment, but will withdraw it, and pre- but much inconvenience resulting from resent it at another time, perhaps as an inde- taining it, I hope the article will be sti icken pendent article. out, so as to permit gifts to be made to the The amendment was accordingly with- small churches in the country. drawn. Mr. MILLER. I hope this article will not No further amendment was offered to arti- be stricken out. This article but carries out cle 36. the policy adopted in this country of making RELIGIOUS BEQUESTS, &C. divorce between Ohe Church and State final Article 31 was then read as follows: and eternal. The danger which this article "That every gift, sale or devise of land, to guards against, is a danger which had exany minister, public teacher or preacher of isted in England for many years, the dying the gospel, as such, or to any religious sect, out of estates by what is called mortmain, order or denomination, or to or for the sup- and giving them to church establishments, port, use or benefit of, or in trust for any and making those estates inalienable ever minister, public teacher or preacher of the after. The same danger exists here to-day gospel as such, or any religious sect, order or as existed there then. If you strike out this denomination, and every gift or sale of goods article you will allow teachers of religion, or chattels to go in succession, or to take and especially those of a certain church, to place after the death of the seller or doner, get around the death-beds of persons and into or for such support, use or benefit; and duce them to give their property to churches also, every devise of goods or chattels, to or and ministers of the gospel, and when it for the support, use or benefit of any minis- shall once become vested in that church, it ter, public teacher or preacher of the gospel, will be inalienable for ever after. They will as such; or any religious sect, order or de- hold on to'it, be it ever so little, and go to nomination, without the leave of the Legis- work and get somebody else to give a little lature, shall be void; except always, any more, until we shall have an overgrown essale, gift, lease or devise of any quantity of tablishmlnent holding fast a large portion of land not exceeding five acres, for a church, the property in this State. I am opposed to meeting house or other house of worship, or any such thing as that, and in order to preparsonage, or for a burying ground, which vent it for all time to come, I am in favor of shall be improved, enjoyed, or used only for retaining this article. such purpose; or such sale, gift, lease or de- MIr. STOCKBRIDGE. I will add but a few vise shall be void." words to what I said before. The object Mr. STOCnBRIDGE. I move to strike out which the gentleman from Anne Arundel this article altogether. (Mr. Miller) proposes to accomplish, by reMr. CLARKE. And restore mortmain? tailing this article, almost always will fail Mr. STOCrsaBDGE. And restore anything. of being attained with this article in our This article is a part of the original Declara- Declaration of Rights. It is very well untion of Rights of 1776, and was incorporated derstood by the persons to whom he refers in the bill of rights at that time, I presume, that such an article as this exists: but they under the impression that some danger might have ways of evading its operations, and-it arise from the establishment of large church is evaded every day. The chief hardship establishments in this State. If there ever fallslupon the small churches; some obscure 383 Methodist chapel, some small Presbyterian my friend is a bishop; a deed is made to church, or some other small church, which is him, not as bishop, not in trust for any not in the habit of receiving donations as the church or church establishment; but it is other church is, day by day, the year round. made to him, his heirs and assigns forever; Applications were made in several instances or a devise is made for the benefit of him, his to the Legislature at its last session, in refer- heirs and his assigns forever. Yet by a prience to small donations of $l00 or $150, vate regulation, under certain private oaths, made to some church struggling for exist- he never has that property in his hands one ence in some portion of the State, where it day that there is not an arrangement made was highly important that it should receive by which, if he were to die, that property the donation as a means of continuing its would go to some other person, not as bishop, existence. not in trust for the church; but to some In regard to the great church establish- other person distinctly and by name, yet one ments to which the gentleman refers, I know who holds a certain official position in the them in Baltimore, and know how they work, church. ~ And so it is held and manaetged year and that this article presents no obstacle to after year. I can trace back for more than them. These mu-nificent gifts are bestowed, half a century particular pieces of ground so and are received, and are held; they find no held and regulated. difficulty on that point. Mr. STIRLING. I agree to what my colMr. MlILLEI. Can land be deeded to that league (Mr. Stockbridge) says; butthat does church? not strike me as an objection to this section. Mr. STOCKBRIDGE. Land is given and it is Everything contained in this article is right held. It is done in this way; it is given, and true. The only effect of his argument it sold, or willed to a certain officer of the seems to me is to show that the article isnot church, not to him as an officer of the church, fully carried into effect. But if you strike but as an individual. Yet his ecclesiastical out the article entirely you open the door connection is such that he never has any still wider to the very difficulty the gentledirect heirs; is such that all he has is at all man suggests. It is possible for any one to times arranged in such a manner that in case come to the Legislature and get their assent of death it passes at once to some other mean- to any rightful and proper disposition of ber of that great denomination. I could give property. But it does strike me, as it strikes the names of the churches, and of the nlen my colleague, (5Mr. Thomas,) that if the facts who hold the property, if the gentleman can only be proved, all these deeds the genchose to hear them. I know that hundreds tleman speaks of are void. If they are in upon hundreds of thousands of dollars' worth point of fact made for the actual benefit of of property are held by a single man; not any religious sect, then they are void, for deeded to the church, but deeded to him; there is no principle of law more clear' than not deeded to him as a priest, but deeded to the principle that the law does not allow any hisn personally, and as an individual. I trick or device to accomplish what it does know that men so holding this property have not allow to be done directly. The only held it year after year, and then it has passed difficulty is the practical difficulty of discovby a form of deed of sale to another digni- ering the device. Of course the assumption, tary of the church, while the one holding it on the face of a deed, is that the property is before, has been transferred to some other given to A. B. his heirs and assigns forever. field, has gone to Europe it may be. The But a court of equity can enquire whether property has been held by his successor, until there is any reservation in fact, whether that transferred to another dignitary of the church; property is held for anybody else, and if they these dignitaries always holding the saine prove the fact that it is a secret trust, then official position, yet neither the devise nor tie deed is void. It so happens that these the deed alluding to that position, nor in accumulations of land have not gone on to any way recognizing it. That is done every such an extent as to awaken public fear. If day. they do, then, under this article, the public Mr. THO:MAs. All I have to say about it is has the power to come in and set them aside. this: if such deeds as the gentleman men- I believe there is no denomination in this tions are made, and the property held by any State thitt has so much property as to excite ecclesiastic, minister or priest, then those any distrust. And anything contrary to law deeds are void under this bill of rights. can be got at without any interested party Mr. STOCKBRaIDGE. Not at all. This article bringing the suit. Whether anybody will says-' "gift, sale, or devise of land to-any take the trouble to do it is another thing. minister, public teacher, or preacher of the But the right to enquire into it on the part of gospel, as such.'' the State always exists. If it does ever reach Mr. THEoaIAS. I admit that. But it also a point to excite the apprehension of the peosays "' to or for the support, use, or benefit pie it can be reached under this article. of." I will go as far as any one to maintain Mr. STGoKBIRDGE. Certainly " as such." every denomination of Christian belief, by The way it is done is just this: Suppose that all proper pecuniary assistance. But I believe 384 no greater curse can ever befall any church Mr. DANIEL. I think if the churches were than an accumulation of property. Let the land-brokers the business would be in great church use its money and means from day to deal better hands, and a great deal better day, without accumulating a large amount conducted'than it is now. I cannot see the of property, or large endowments. I know reason why every other corporation in'the the wis-st men in a large number of denomi- State can amass any amount of property it nations have held the accumulation of prop- pleases, and can dispose of it in any way it erty to be an abuse; I know that in my own pleases, without your pretending to restrict denomination, one of the most distinguished them; and yet, if a poor little church enministers of the Presbyterian church declared, deavors to accumulate a little property so as in his quaint language, that wherever there to provide for a dark day, and to help its was a bag in a church there was a Judas to ministers, and to help a little in its church carry it. He was opposed to the accumula- arrangements, you find the State coming in, tion of property by the church, and I think and by the sanction of its organic law, saying he was right. I am, therefore, opposed to these people, because they are ministers and striking out this article. members of churches, are not fit to be trusted Mr. TIioiss. And I will. state another to hold property. I think it is wrong in reason why I am opposed to striking out this principle. I think we ought to remove all article. To do so would be to throw open these barriers; and that such men ought to the door wide for all the churches in the State be encouraged to hold office and to hold of Maryland (you can hardly count the de- property. nominations now) to hold just as much real I believe one of the evils of the times that estate as they please, and as they can get, have brought about the present unhappy until in the course of time they will own state of affairs, is, that we have legislated too half your landed property, if people choose much to exclude religion from our laws and to give it to them, and then you will find Constitutions, both State and National; that every denomination down to your Legislature we have not enough acknowledged the existlobbying to get that property exempted from ence of God, and been guided by His rules taxation. There is a provision in our code in our State and National affairs. I am in now exempting a certain amount of church favor of everything that will encourage and property from taxation, and if they get this promote churches and disseminate religious enormous power in their hands of holding as doctrines, that will help to sustain and build much real estate as people may choose to give up churches. Look througfhout the country them, you will find the State of Maryland and see the debt of the churches, and how rather backward in raising revenue. In hard it is to build up a new church. Now, that light I am opposed to striking out this if you would allow churches to accumulate article. some property in this way, they might not Mr. DANIEL. I do not see the force of the only have enough to sustain themselves, objection just urged to striking out this arti- but could help some other poorer churches in cle. Certainly the State of Maryland can their day of distress, and their time of anregulate the matter of taxation, so that be- guish and trouble. I think they are fit to be yond a certain amount of property churches entrusted with this power; or that it is at shall be taxed as others are, and if they find least safe to leave the matter under the conthat exemption abused, they can say the trol of the Legislature. whole of the property shall be taxed. Mr. CUSHING. The remarks of my colI am in favor of striking out, for I think league (Mr. Daniel) who has just spoken, this article as it stands, like somie other arti- would convince us, I think, if we agreed cles in this bill of rights, is striking at min- with him, that this article ought to remain isters and religious denominations as such. I exactly as it is, if it be not even more strinthink we ought to get rid of all such invidi- gently drcawn. The gentleman has told us ous distinctions. I believe there are none on that because we have not recognized the earth who ought to be more entrusted with Christian religion in our laws and our Conproperty, and who can be more safely en- stitutioDs we are now being punished for it. trusted with it, than ministers and religious I fully agree with my colleague in that, and denominations. And I believe if there are I think that in aciknowledging the Christian any men who ought properly to hold office, religion, ewe should endeavor as far as we they are ministers and religious persons. 1 can, to bring it back as near as possible, to think we are going to too great an extreme the views of its founder. His directions to in carrying out the principle embodied in this the first ministers of the gospel were not to article. And I want to see struck out.of our accumulate goods and property, to take no Constitution all those articl s that make dis- thought fbr the atorrow, to take not even tinctions against ministers, because it is bread for the second day with them. making a distinction to some extent against Now, in the history of the Christian reiireligion as such. gion, wherever churches and religious denomMr. THIOMIAS. Does the gentleman desireto inations have accumulated property they have make churches land-brokers.? been thorns in the side of all good govern 385 ment; they have used their money and means to retard the advancement of true religion. without one particle of discretion, for the But where they have been poor, influenced by advancement of their individual sectional a sole desire to spread the cause of religion, views and ends; animated by what to them they have most prospered and been most sucmay have appeared the best of motives, the cessful in so doing. Whoerever they have propagation of what they believed to be true obtained gifts, lands, and other chattels, they and good. But in so doing they have been have forsaken the best means to accomplish led into the commission of crimes and excesses the ends of true religion, and have tried to that we to-day shudder to read of; all the use the money of the church as a power in time doubtless believing that they were doing the land. We all of us know instances of God service. attempts made by ministers to wrest from Now, if we open this door in this country, dying men the property that belonged to we will find that, with all the powerful en- their families. I never heard of a church ginery that ministers of the gospel can bring that needed money that did not get quite as to bear on all men, especially during their much as was good for it, and the only church last moments, they will not hesitate to take in which the ministers are not paid at all is away property from a man's wife, and from the church which has been the most suchis children, and to absorb all that a man cessful. can alienate into the hands of the church, Mr. THOMAS asked the yeas and nays upon whether the church needed it or not. There the qustion.of striking out the article; and never has been an instance, in all the length they were ordered. and breadth of this land, where a church The question being taken, by yeas and nays, was necessary, that money was not given in upon the motion of Mr. Stockbridge to strike abundlance to build it. There have been out, and resulted-yeas 3, nays 54-as folbuilt about five times as many churches as lows: are actually needed. It has now got so that Yeas-Messrs. Daniel, Hatch, Stockbridge churches are built for the purpose of sustain- -3. ing ministers, which, in many instances is Nays —Iessrs. Abbott, Baker, Barron, serving the Almighty with shucks, for they Bond, Brown, Clarke, Cunningham, Cushing, could not make a living in any other walk of Davis of Washington, Duvall, Earle, Ecker, life. As church property accumulates the Farrow, Galloway, Greene, Hatch, Hebb, religion of churches goes down. There is Henkle, Hodson, Hopkins, Hopper, Horsey, certainly less religion among the masses now Jones of Cecil, Jones of Somerset, Keefer,'than there was in the days when our fathers Kennard, King, Lansdale, Larsh, Markey, established our Government. The churches Mitchell, Miller, Morgan, Mullikin, Murray, have grown rich; they have waxed fat and Neglay, Noble, Nyman, Parker, Ridgely, they have kicked. Our churches now have Robinette, Russell, Schilosser, Scott, Smith of more money than they need. Carroll, Smith of Worcester, Sneary, Stirling, The whole principle of the support of the Swope, Sykes, Thomas, Todd, Valliant, Wicktrue and proper system of religion is that the ard, Wooden-54. people should receive religious instruction The motion to strike out was accordingly and pay for it day by day voluntarily; not rejected. be forced to give money, not be induced by Mr. HENNKLE moved to strike out the word threats of retribution hereafter to give of I"five" and insert the word "fifty," so that their means to support the church; they it would read "' any quantity of land not exshould be left free to give exactly what they ceeding fifty acres, for a church, " &c. think it is right for them to give from day to The question being taken on the amendday, for the support of the man who preaches ment it was not agreed to. to them. Let your churches accumulate Mr. BRowN. I moveto amendby inserting property, permit your ministers to become after the word "'Legislature," the words vested with great wealth, and, as ministers' subsequently obtained," so that it will read are but human, they will grow lazy, indolent' consent of the Legislature subsequently obhand luxurious, and become disregardful of tained, shall be void,' &c. As the article the obligations they have taken upon them- now stands, it is ambigous wlether the conselves, and true religion will die out. Reli- sent of the Legislature shall be a condition gion has always best thriven in this country precedent or a condition subsequent. when the ministers have gone out poor men, Mir. STIRLING. I would suggest to the genwhere the churches or denominations who tleman that his amendment will require that employed them have been poor, hardly able the assent of the Legislature be obtained to pay their ministers enough to feed and subsequently, and will prohibit the Legislaclothe them. Those ministers who have gone ture from giving their assent in advance. I out as itinerants, trusting to the morrow to would suggest to the gentleman to so modify provide for itself, have founded some of the his amendment so as to require the prior or most prosperous churches in the land. But subsequent assent of the Legislature. whenever they haveacecumulatedgreat wealth, Mr. JONES, of Somerset. I would suggest their property has generally been so used as to the gentleman from Queen Anne, (Mr. v6 Brown,) to strike out the word " leave" and take the oath, as it is administered in courts insert the word " sanction." of justice, in the same form that most others Mr. BROWN. I have no objection to that. of the same denominations do take it. The question was then taken upon the Again, the second objection to this article amendment of Mr. Brown, to insert the as it stands, is that it requires the attestation words " sdubsequently obtained," after the of the Divine Being. But an affirmation is word " Legislature;" and it was not agreed received instead of an oath, for the purpose to. of avoiding the attestation of the Divine Mr. CUSHING moved to amend the article by Being. It is a simple affirmation, or promise,inserting before the word'' leave" the words to speak the truth under the pains and. pen" prior or subsequent;" so that the clause alties of perjury. will read " without the prior or subsequent I think this article is improperly drawn. leave of the Legislature," &c. I therefore move to amend it by striking out Mr. STIRLING. The Legislature has adopted all after the words —l ought to be such as," the practice of passing laws assenting to and inserting —'is most in accordance with bequests of this kind. But the Court of) and most binding upon the conscience of the Appeals of this State has decided that as the person to whom such oath or affirmation estate passed to the heirs and became at once may be administered.''" The article will then vested, the leave of the Legislature subse- read — quently obtained would not make such a de- " That the manner of administering an vise valid. I think the Legislature ought to oath or affirmation to any person, ought to have the right to grant this subsequent leave, be such as is most in accordance with and and I shall therefore vote for any amendment most binding upon the conscience of the perthat frees the question from this difficulty, son to whom such oath or affirmation may and I hope this amendment will be adopted. be administered." The last General Assembly passed a law sub- Mr. CLARKE. How is that fact to be ascersequently to this decision of the Court of tained'? Appeals, by which they formally gave their Mr. STOCKBRIDGE. Precisely as you do assent to a bequest of land. The Legislature now-when you ask a man —" Do you swear and the people have not been generally in- or affirm?" You do not say-" Are you a formed in regard to this decision, and, there- Duncan?"-or''Are you a Quaker?"-or fore, I think it is a great deal better to give'Do you swear with the uplifted hand?" the Legislature this power to assent to those But the book is handed to the man, and he bequests. says, if he objects to it-" I affirm," or "I The amendment of Mr. CusHING was then swear with the uplifted hand." agreed to. Mr. HENIKLE. I am opposed to this amendNo further amendment was offered to the mnent, because it allows every individual to 37th Article. set lup his own standard of taking an oath. MANNER OF ADsMINISTERING OATHS, &C. And any man might indicate a new way of Article 38 was then read as follows: taking an oath, which, according to his own "That the manner of administering an notions, might leave him tree from the pains oath or affirmation to any person, ought to.and penalties of perjury. It is pretty genbe such as those of the religious persuasion, erally known how Presbyterians swear, and profession or denomination, of which he is a how other denominations swear. And if a member, generally esteem the most effectual man comes in who is known to belngo to any confirmation by the attestation of the Divine of these denominations, and says —' I swear Being. with the uplifted hand," or " I afirm",' Mr. STOCXBnIDGs. This article is mani- everybody knows at once what it means. I festly defective in one or two particulars. do not see why this article should be altered The purpose of administering an oath at all at all. The several denominations generally is, by a solemn invocation, to bind the per- indicate the manner of taking an oath; or son more firmly to the truth, or to fidelity in they do not indicate it at all, and these perthe discharge of some duty. That which ac- sons are sworn on the Bible, by putting their complishes that object most effectually, while hands on it. And if a man is not a member respecting sufficiently conscientious scruples of a church, that is the way he should in the matter, is certainly that which we re- swear. quire. This article, as it now stands, does The question being taken upon the amendnot, in the first place, refer the matter to a ment submitted by Mr. STOcnBRIDGEn it was man's own conscience at all, but refers it to not agreed to. the practice and opinions of the religious No further amendment was offered to this persuasion, profession or denomination of article. which he is a member. Now a man may FREEDOM OF THIE PRESS, &C. concur in most things held by a particular Article 39 was then read as tbllows: denomination, and yet not concur in all. It " That the liberty of the press ought to be is a fact of every day's occurrence, that mem- inviolably preserved." hers of some of the denominations refuse to Mr. JoNEs, of Somerset, moved to amend 387 by inserting after the word " liberty" the are a part of tile liberty of the press, and you words " of speech and." cannot take it away. Upon this question MIr. CLARICE called the The yeas and nays were ordered. yeas and nays, which were ordered. The question was then taken, by yeas and The question being then taken, by yeas and nays, upon the amendment of Mr. Abbott, and nays, upon the amendment submitted by Mr. resulted-yeas 10, nays 46-as follows: Jones, of Somerset, it resulted-yeas 28, nays Yeas-AMessrs. Abbott, Baker, Berron, Da28-as follows: vis of Washington, Hatch, Jones of Cecil, Yeas-Messrs. Bond, Brown, Clarke, Dail, King, Larsh, Negley, Sneary-10. Duvall, Farrow, Harwood, Henkle, Hodson, NVays —Messrs. Bond, Brown, Clarke, CunHorsey, Jones of Somerset, Kennard, Lans- ningham, Cushing, Dail, Daniel, Duvall, dale, Mitchell,'Miller, Morgan, Mullikin, Earle, Ecker, Farrow. Galloway, Greene, Negley, Noble, Parker, Robinette, Scott, HIarwood, Hebb, Henkle, Hodson, Hopkins, Smith of Carroll, Thomas, Todd, Valliant, Hopper, Horsey, Jones of Somerset, Keefer, Wickard, Wooden-28. Kennard, Lansdale, Mitchell, Miller, Morgan, NCeys.-M- essrs. Abbott, Baker, Barron, Miullikin, Murray, Noble, Parker, Ridgely, Cunuingham, Cushing, Daniel, Davis of Robinette, Russell, Schlosser, Scott, Smith Washington, Earle, Ecker, Galloway, Greene, of Carroll, Smith of Worcester, Stirling, Hatch, Hebb, Hopkins, Hopper, Jones of Ce- Swope, Sykes, Thomas, Todd, Valliant, cil, Keefer, King, Larsh, Murray, Ridgely, Wickard, Wooden-46. Russel, Schlosser, Smith of Worcester, Sneary, AMr. THOsMAS said, when his name was Stirling, Swope, Sykes-28. called: In explanation of my vote, I desire Pending the call of the yeas and nays, the to say that I am at all times opposed to following explanations were made by mem- treason in any shape or form, whether it bers, as their names were called: comes from the pen or from the tongue; Mr. KENNARD. As to the object of this whether it be written or spoken. But I am amendment, I am not prepared to say. But opposed to this amendment for the reason asI will say that in the past history of the State signed by my colleague, (AIr. Stirling.) I of Maryland, its citizens have not had liberty therefore vote " no." of speech in regard to certain interests of this The amendment was accordingly rejected. State. As I am in favor of liberty of speech, No further amendment was offered to this I hope that in the future our citizens may article. have it, and therefore I vote' "aye." Articles 40, 41, 42 and 43 were then read, Mir. TODD. I wish to say in explanation of no amendment being proposed. my vote, that I shall vote for this amend- AMENDING THIS CONSTITUTION. ment with the same understanding that I Article 44 was then read as follows: would vote for the article as reported by the'' That this Constitution shall not be alcommittee; with the understanding that the tered, changed or abolished. except in the declaration of this privilege does not imply manner therein prescribed and directed." the right of abusing that privilege. Mr. TODD. I move to strike out this 44th The amendment was accordingly rejected. article, for the reason that the Committee on Mir. ABBOrT. I move to amend this ~irticle. Future Amendments to the Constitution have by adding —" except when used for treasona- reported provisions for amending, altering or bie purposes." And I would like to have changing the Constitution. And if the rethe ayes and nays on this question. port of that committee be adopted by this Mr STIRLING. This article is intended Convention as a part of the Constitution. it merely to assert a general principle. There will be as binding upon the people of the are ways in which a paper can be stopped State as any enactment which may be incorfrom making treasonable utterances. But if porated in the Declaration of Rights. this broad exceptions is made to the rule, Mr. CLARKE Before the vote is taken then the question is-who is to decide what upon striking out this article, I desire to are treasonable purposes? who is to have the move to amend it by striking out all after right to decide that question? I do not the word "Ithat," and inserting-" The Legthink this amendment is necessary for the islature shall pass no law providing for an purpose of defining either the rights or the alteration, change or abolishment of this duties of the people. I prefer to let this arti- Constitution, except in the manner therein cle stand as it has always stood, and I am prescribed and directed." perfectly willing to take the consequences of The old bill of rights read as follows: it.' That all government of right originates Mr. ABBOTT. I have the privilege of differ- flom the people, is founded in compact only, ing with the views of the gentleman; and I and instituted solely for the good of the still insist upon the yeas and nays upon my whole; and they have at all times, accordamendment. If you do not say that the lib- ing to the modes prescribed in this Constituerty of the press shall be inviolably preserved tion, the unalienable right to alter, reform or except for treasonable purposes, then I claim abolish their form of government, in such that you assert that treasonable utterances manner as they may deem expedient." 388 Article one of the Declaration of Rights, of a Conveniion, until the people had first which we are now considering, reads thus: decided whether they would have a Conven" That all government of right originates tion or not. It was a question which affected, from the people, is founded in compact only, not the power of the people, but the power and instituted solely for the good of the of the Legislature, and hence, as I said in whole; and they have at all times the ina- my argument on this first article, when that lienable right to alter, reform or abolish their: article was under consideration, the Convenform of government, in such maimer as they tion of 1850, as well as the present Convenmay deem expedient." tion, were not constitutional Conventions. As we have gone through this bill of rights, But so soon as the people decided they would I voted for the latter portion of that first ar- have a Convention, and elected delegates to tidle instead of the provision as it stands in it, they represented the people, and was not the present Constitution. And I did so upon constitutional or unconstitutional, so far as this theory, that the people of one generation, the body assembled was concerned, or so far in forming a Constitution for themselves, as they derived their powers, because they have no right by that Constitution to tie up derived their powers from the people. It was the sovereign rights of the people of another the Legislature which acted unconstitutionalgeneration, or of any other period. I con- ly, in calling the Convention before the people tend that the people have at all times the had voted upon the question of having a right to change their form: of government, Convention. The Legislature had no right independent of any constitutional provisions to do that; and the Legislature in so doing which tie them down to a certain mode of so far violated their oaths. But when the amendment. They have that right, and you people. go to the polls, and say by their votes cannot take it from them. It is asserted as that they will have a Convention, and will an unalienable right-this right of revolution, elect delegates to it, then it makes no differwhether it is by foree, or under the forms of ence how it was called, whether the Legislalaw, or in the mode prescribed by the Con- ture called it constitutionally or not. The stitution.. Convention is then called by the power of the Now, the difficulty which has always arisen, people. in reference to the exercise of this power upon The amendment I have offered cu rties out the part of the people of this State-the diffi- the idea, that we do not pretend to tie up culty which existed in 1850; the difficulty the action of a people of a succeeding generwhich existed in regard to the calling to- ation. But we say to the Legislature, whose gether of this Convention-in my mind, the powers are meted out to them and defined difficulty was this; not that the people had under this Constitution-"-you members of not the right to change their Constitution the Legislatureshall not provide in any shape whenever they choose to do so; but it was or form for the change, alteration, or abolishthat the Constitution prescribed that this ment of this Constitution, except in the mode Constitution shall not be altered, changed, or and manner prescribed in this Constitution, abolished, except in the manner therein pre- and which your oaths of office force you to scribed and directed. Now, does that estab- obey and carry out." I think that by the lish the law to the people of a subsequent.adoption of a provision of this kind, you generation, the people of a subsequent date? bring directly home to the members of the In my humble opinion it does not. I think Legislature the performance of their duties that any people in the formation of any Con- under the Constitution. You confine the stitution has no right to tie up the action of mode of change by Legislature to that which people of a succeeding generation, or to in- is provided in the Constitution. But in my terfere with this unalienable right of a peo- humble opinion you do not interfere at all ple. with that great fundamental principle, the The true difficulty has been that it is the unalienable right of the people, to alter, reLegislature that has violated its duty; for it formn, or abolish their form of government in was the Legislature that you could thus tie such manner as they deem expedient; which up, and this article of the present Constitu- right lies at the basis of the American system tion, properly construed, goes to the power of government, and which you may attempt of the Legislature to call a Convention to- to tie up as you please in the Constitution; gether. I contended, in the last Legislature, but all such restrictions will be in vain, and that as article 43 of the bill of rights of the not worth the paper upon which they are present Constitution, provided that the Con- written; for it is but an.atte-.pt by one peostitution should not be changed except in the ple at one time to tie up the rights of another manner -prescribed therein; and as article people at another period, which rights are eleven of the Constitution provided the mode just as unalienable as: the rights of the people in which the Constitution shourld be amended; of this generation. and as members of the Legislature had taken iMr. JONEs, of Somerset. I think the Legan oath to support that Constitution, their islature ought to have -the right of passing a action was prohibited upon that subject; that law to take the sense of the people, upon the is, they could not provide for the assembling propriety of assembling a constitutional Con 389 vention, whenever the people shall send a which this Constitution shall be amended. Legislature here that is in favor of such a Noxv you cannot make it any more binding proposition. I think that power ought to be than that. You have said that they have a vested in the Legislature; because the due right to change their Constitution in the way preservation of civil order requires that the they think proper, and now you propose action of the people should receive the sanc- to put in an article to show the way they tion of the existing Government; otherwise think proper it should be done. What everything will be in confusion, everything is the use of cumbering this bill of rights with will be in disorder, and anarchy will prevail. another article on this subject? I have examBut when there shall arise in the hearts of a ined the constitutions of other States, and I majority of the people of this State a sense of find in nearly every one of them, it is pretty the necessity of a change of the Constitution much the same as we have expressed itin this in any of its provisions, there can be no dan- first article; that is, that the peopie have the ger in allowing their representatives in the right to amend, alter or abolish their form of Legislature to pass a law that a vote of the government as they may deem most expepeople may be taken upon-the sibject-under dient. There it is left; not another word the sanction of the law. Why, sir, really, in about it in any other arti:le of the bill the broad and unqualified sense, it is in the of rights. Thed the Constitutions of mo;t power of the people to rise up en masse and of the States go on and provide, as we turn their Government out, without any re- propose to do, how amendments to the Congard to the Constitution; unless the Govern- stitution shall be made. That is the way ment then in existence should call upon the with the Constitution of the United States; Government of the United:States to aid and it simply provides how amendments shall be assist it, as the Governmenut of Rhode Island made to the Constitution, and there the matdid in the case of the Dorr rebellion. And in ter is left. We have said that the people have order that there may be nothing whatever in a right to do it in the way they think proper; the way of the fullest exercise of the right of 1 and then they prescribe by adopting the Conchanging the fundamental law of the land, stitution how they think it should be done. according to the form of our American sys- That is enough. tem, to wit, by the ballot box, there can be I Mr. CLARKE. I would call the attention of no danger in leaving it so. I hope the coin- the gentleman from Baltimore city (Mr. Danmittee in charge of' this question of future iel) to the report of the Committee on Future amendments, will pro-ide that the Legisla- Amendments. The first section of that reture may, whenever a majority of those port provides: elected to both Houses of the Geileral Assem- } Either branch of the General Assembly bly shall deem it expedient, pass an act to may propose amendments to the Constitution; take the sense of the people at the ballot box, and if the amendments shall be agreed to by at the time to be prescribed by them, with three-fifths of the members elected to each reference to calling a Constitutional Conven- House, such proposed amendments shall be tion. The people will not be apt to do it, entered on the journal, with the yeas and unless there should be some great public exi- i nays taken thereon, and shall be published gency requiring it. We have not had a in two newspapers in each county in the Constitutional Convention before for some State where two are published, and in three fourteen years; and it is not iikely, unless newspapers in the city of Baltimore, one of some great exigency should render it impera- which shall be German, for three Tnonths pretive, that the people will desire to call another ceding the next election for Senators and one soon. From what I have heard from Representatives, at which time the same shall friends in various parts of this House, of the be submitted to the electors for their approval complaints made already of this Convention, or rejection; and if a majority of the electors the people will perhaps be a great deal of the voting at such -election shall adopt such mind of a good old-preacher I once heard of, atmendmnents, the same shall become a part of who-was called upon to pray, in Charleston, the Constitution. When more than one in the time of the Revolution, for King George. amendment shall be submitted at the same He prayed for King George, but he prayed time, they shall be so submitted as to enable God to take him to Himself, and give the the electors to vote on each amendment seppeople of this country no more like him. arately." Mr. DANIEs. I can see no manner of use That is one mode of amendment. Section in the amendment proposed by the gentleman two is this: from Prince George's (Mr. Clarke). We have " Whenever two-thirds of the members already declared in one of the articles of this elected to each branch of the Gerneval AsseraDeclaration of. Rights, that the people have bly shall think it necessary to call a Convenanunalienableright to alter, reform or abolish tion to revise, amend or change this Constitutheir form of government in such manner as tion, they shall recommend to the electors to they may deem expedient. And we have a vote for or against a Convention, and if a Committee on Future Amendments of the majority of all the electors voting at said Constitution, who have reported a' mode in election shall have voted for a Convention, 390 the General Assembly shall, at their next except as the power is given you under this session, provide by law for calling the same. Constitution." The Convention shall consist of as many My own idea is that the Legislature should members as both Houses of the General As- be unrestricted. I believe we should have sembly, who shall be chosen in the same better laws, and a more stable Constitution, manner, and shall meet within three months and less demagoguism in the State, if the after their election for the purpose afore- people of the State knew that whenever they said." desired to vote to have a Convention to reAnd section third provides: model their organic law they could do so. "At the general election to be held in the All the agitation preceding the last reform year 1882, and in each twentieth year there- Convention, and preceding the call of the after, the question-' shall there be a Con- present Convention, was addressed rather to vention to revise, alter or amend the Consti- the restriction upon the exercise of the poputution' —shall be submitted to the electors lar right; was rather calling upon the people of the State, and in case a majority of all the to assert their rights, than to any necessity delegates voting at such election shall decide for the Convention. Therefore when you do in favor of a Convention, the General Assem- reach the provision in relation to future bly at its next session, shall provide by law amendments, I hope you will give the Legisfor the election of delegates, and the assem- latare the unrestricted power at any time of bling of such Convention; as is provided in submitting the question of a Convention to the preceding section; but no amendment of the vote of the people. I want the people to this Constitution, agreed upon by any Con- have the right and the opportunity at any vention assembled in pursuance of this arti- time they choose to remodel their organic cle, shall take effect until the same shall have law. been submitted to the electors of the State, Mr. TODD. Iwould like to ask the gentleand adopted by a majority of those voting man from Prince George's (M r. Clarke) a thereon." question. Is an article in the body of the That last section provides that the ques- Constitution any less binding upon the Legistion of calling a Convention shall be sub- lature than an article in the bill of rights? mitted to the. people in 1882, and not until It seems to me that if the Legislature are disthen. Now, admitting, as many thought posed to override a provision in the body of who voted for the bill last winter, that the the Constitution, the same disposition will Legislature did not carry out the exact pro- incline them to disregard a provision in the visions of the Constitution; still the people bill of rights. IIence I see no necessity for ratified their action. Now suppose that five the amendment offered by the gentleman years hence, there should be some urgent ne- from Prince George's, (Mlr. Clarke); I see no cessity for a new Constitution; that, as was good that can result from it, for it will not said here last winter, the people cannot wait accomplish the object he has in view. until fall to vote upon the question, but must Mr. CLARKE. It was announced upon this do it at once; there is a clamor which must floor last winter that although the Constitube obeyed; but you cannot get sufficient tion restricted the power of the Legislature members under this second section to vote in this respect, yet they would submit the for the bill; and a majority of the Legisla- question to the vote of the people, and if the ture undertake to pass a law submitting the people adopted the call for a Convention, question, two months after its adjournment, that would purge the Legislature from the to the people, whether they will have a Con- violation of their oaths. vention or not; and the people vote in favor Mr. STIRLING. Who said that? of a Convention. Now that is the very case I Mr. CLARKE. I heard the doctrine asserted want to reach with my amendment. I desire here —I do not now remember by whom,that this Convention shall say to the Legis- and some member introduced an order, that lature: "The article in reference to amend- any member who asserted that doctrine ought ments of the Constitution provides how this to be expelled. The doctrine has been very C )nstitution shall be amended; and you shall popular heretofore, that although the Legisonly pursue the mode prescribed in the Con- lature is tied up by this constitutional restitution, and not do as you have always striction upon this subject, yet if you submit heretofore done, call a Convention just as it to the vote of the people, and they vote for you think, proper, independent of constitu- it, that vote has a sort of' retroactive effect, tional provisions." We do not attempt to it becomes the act of the people from the bereach the power of the people at all. All we ginning, and the Legislature is relieved from do is this: when we come to swear in the this obligation and restriction. Now I wish Legislature we make them swear to support to get rid of all that, and bring home to. the the Constitution, and this provision which members of the Legislature that they shall, says to them: " You legislators, you mem- in accordance with their oaths, pursue the bers of the Legislature, shall not undertake mode and manner prescribed in the Constituto provide for the assembling of a Conven- tion. What manner shall be prescribed; tion, or in any manner alter the Constitution, how the Legislature shall be tied up; or 391 whether they shall have unlimited power to Schlosser, Scott, Smith of Carroll, Sneary, call Conventions, are questions that may Stirling, Swope, Wickard, Wooden-40. come up hereafter. But whatever mode be Nays —Messrs. Abbott, Daniel, Earle, adopted, I want the doctrine plainly declared Hatch, Hebb, Jones of Cecil, Jones of Somthat the members of the Legislature shall erset, Mullikin, Murray, Negley, Noble, Robistand under the Constitution, and not take nette, Russell, Smith of Worcester, Stockshelter under the retroactive operation of a bridge, Thomas, Todd-17. vote of the people. The amendment was accordingly adopted. Mr. DANIEL. There was a similar pro- The question recurred upon the motion of vision in theold Constitution: that it should Mr. TODD to strike out the entire section. not be amended but in a certain way. Mr. TODD. As it seems to be the sense of MIr. CLARKE. The members of the Legis- this Convention that there shall be an article lature acted as revolutionists. in the bill of rights upon this subject, I will Mr. DANIEL. I believe revolution is a fa- withdraw the motion to strike out. vorite doctrine with the gentleman;' not se- The motion to strike out was accordingly cession, but revolution. The people and the withdrawn. Legislature will again claim the same right Mr. BARRON moved that when the Convenof revolution. I would suggest that when tion adjourn to-day, it be to meet on Monday the article on amendments to the Constitution next. comes up for consideration, that is the proper Before the question was takentime for the gentleman to offer amendments, On motion of Mr. CUSHINGif he has any. I do not say I am prepared The Convention adjourned. to vote for the article as reported, nor do I say I shall vote against it. But I think that THIRTIETH DAY. is the proper time and the proper place for THIRTIETH DAY. amendments of this kind. SATURDAY, June 11, 1864. Mr. STIRLING. I shall vote for this amend- The Cinvention met at 10 o'clock, A. M., ment, for I think it provides the same guar- (Mr. Scott in the chair.) antee already in the bill of rights, but in a Prayer by the Rev. Mr. McNemar. better form. I am perfectly well aware that The roll was called, and the following whether there is or not any power or right members answered to their names: in this matter, the thing will be done; and Messrs. Abbott, Annan, Baker, Brown, the only way to secure the proper exercise Clarke, Cunningham, Cushing, Davis of of thb power is by imposing restrictions Washington, Duvall, Ecker, Farrow, Galupon the Legislature. I am not afraid of loway, Greene, Harwood, Hebb, Henkle, any alteration of the Constitbtion except Hopkins, Hopper, Horsey, Jones of Cecil, through the Legislature. If the people un- Jones of Somerset, Keefer, King, Larsh, dertake to assemble in primary meetings Markey, McComas, Mitchell, Miller, Mullikin, without any call from the Legislature or Murray, Negley, Nyman, Parker, Parran, the Executive, it will depend entirely upon Robinette, Russell, Schlosser, Scott, Smith whether there are enough people in favor of of Carroll, Smith, of Worcester. Sneary, it. I want to provide in the Constitution an Stirling,Stockbridge, Swope, Sykes, Thomas, easy method of amending the Constitution, Todd, Valliant, Wickard, Wooden-50. and then I want to confine the Legislature to The journal of yesterday was read and apthat method. I believe this amendment puts proved. it in a more definite form than the other APPRENTICESHIP OF COLORED MINORS. proposition does; and I shall vote for it. 3Mr. TODD submitted the following: The question was upon the amendment of Ordered, That the Committee on the JudiMr. CLARKE, to strike out all of Article 44 cial Department be instructed to inquire into ater the word " That, " and insert: the expediency of incorporating into the Con"' The Legislature shall pass no law pro- stitution a provision making it the duty of viding for an alteration, change, or abolish- the Legislature to provide by law for the apment of this Constitution, except in the man- prenticeship, by courts of competent jurisner therein prescribed and directed." diction, of emancipated negroes, who are Upon this question Mr. CLARKE called for minors, so as to better provide for their welthe yeas and nays, and they were ordered. fare and preparation for freedom. The question being taken, by yeas and nays, Mr. TODD said. I do not deem it necessary upon the amendment, it resulted-yeas 40, to make any speech explaining the object of nays 17-as follows: this order. I suppose as a mere matter of Yeas —Messrs. Baker, Barron, Bond,Brown, courtesy it will be referred to the appropriate Clarke, Cunningham, Cushing, Dail, Davis committee. of Washington, Duvall, Ecker, Farrow, Gal- Mr. STIRLING. I am opposed to that article. loway, Greene, Harwood, Henkle, Hodson, In the first place the Judiciary Committee has Hopkins, Hopper, Horsey, Keefer, Kennard, nothing to do with the subject matter emKing, Lans0,ale, Larsh, Markey, Mitchell, braced in it. If it should go to any comMiller, Morgan, Nyman, Parker, Ridgely, mittee, it should go to the Committee on the 392 Legislative Department. And the gentleman and the order, with discourtesy if we do not confines the operation of his order to minors. refer it. If it is to be confined to minors, such a pro- Mr. ABBOTT. Make it " free" instead of vision in the Constitution cannot give the "emancipated," and I will vote for it. Legislature any more power than it now has Mr. TODD. I am not prepared to adopt over that subject. They have all possible that suggestion, because we already have power over it now, and the only effect of laws upon our statute book in relation to that putting this in the Constitution will be to particular class of persons. The point I wish control the Legislature in a manner that I to get at is those who may be freed by the do not want. I am opposed to put anything action of this Convention, and of the people in the Constitution which asserts that any of the State. such thing is necessary. IfYit becomes neces- Mr. STIRLING. I wish to say but one word; sary then let the Legislature attend to it. and that is, that two-thirds of the members Mr. TODD. To -meet the first objection of elected on the majority side of this house are the gentleman, I will change the order so pledged against the substantive part of that that it will go to the Committee on the Legis- order, and I am not willing to vote even for lative Department. I was under the impres- an inquiry upon a subject which I am pledged sion when I drew the order that the Com- not to advocate. mittee on the Legislative Department had Mr. DANIEL. Idonotunderstand thatanyreported. But I believe I was mistaken in body of the majority of this houseis pledged that fact. against any reference. I understand that if I do not see that there is any force in the we shall adopt the principle of freedom in second objection the gentleman has urged. It this Convention then the laws already in exis certainly a question whether the Legisla- istence referring to apprentices will apply ture has the power to provide what is indi- unless weprovide diffmeently. Thelaws apply cated in that order. I think it is very de- to white apprentices. sirable that some provision should befade so Mr. STIRLTING. It is not a mere matter of as to better prepare those emancipated ne- apprenticeship. That order says "as a prepgroes, who may be minors, for the enjoyment aration for freedom." That contains the of the freedom which we shall give them. germ of the whole question. Mr. ABBoTT. I would suggest to my friend Mr. DANIEL. I do not understand that the that we better emancipate them first, and order commits us to anything; it only calls then provide for them afterwards. for information upon the subject. It may be Mr. TODD. The Legislative Committee may that in addition to the laws now in existence report before we do that, and then it will be upon the subject of apprenticeship, if we shall too late to refer the subject to them. Ithink, free the minors, it may properly be neceshowever, there is no doubt but whatwe shall sary to make some provision to meet the pass the 23d article of the bill of rights. case of those having been slaves, and sudMr. MILLER: The gentleman can obviate denly turned loose in the community; withthat objection by inserting the word " free'' out increasing —for I would be against thatin place of the word "'emancipated." t.he term of apprenticeship, as it is under Mir. CLARaE. These orders are mere orders the present laws. But we do not know what of inquiry, and I believe have all been passed additional legislation may be required in orand referred to various committees. That der to make the present laws on the statute being the case I shall vote for this order being book applicable to them, therefore, as a matter referred, It does not commit theConvention of inquiry, I can see no harm to be done by to anything, and to not refer it would, I this order. I certainly do not consider mythink, be showing a discourtesy to the gen- self pledged to provide for this, when I vote tleman from Caroline (Mr. Todd') which we for the order. have not shown to other members. Mr. TODD. In order to meet the difficulty Mr. DANIaEaL. I hope this discourtesy will suggested by the gentleman from Baltimore not be extended to the gentleman from Caro- city, (Mr. Stirling,) I will insert the words, line, (Mr. Todd,) there having, I believe, been' the enjoyment of, " before the word " lib no order of inquiry of any sort offered here erty," so that the amendment will thus read: that has not been referred to an appropriate " Ordered, That the Committee on the Legcommittee. We have discussed some orders islative Department be instructed to enquire which we thought wele perhaps not proper into the expediency of incorporating into the to be considered by commlittees; yet as a Constitution a provision making it the duty matter of courtesy, and that we might have of the Legislature to provide by law for the all the light possible on all subjects, I believe apprenticeship, by courts of competent juriswe have referred every order without excep- diction, of emancipated negroes, who are tion. I believe this is a very appropriate or- minors, so as to better provide for their welder, especially after Awe shall have decided fare and preparation for the enjoyment of upon emancipation; and I think it is per- freedom." fectly proper to refer it to a committee. We The question was upon the adoption of the shall be treating the gentleman from Caroline, order as modified. 393 Mr. STIRLING called for the ayes and nays, The CHAIRMAN, (Mr. Scott.) The decision which were ordered. of the President of this Convention was that The question being then taken, by yeas no additional articles could be offered until and nays, it resulted-yeas 39, nays 13-as the Convention had concluded the second follows: reading of all the articles reported by the Yeas —lessrs. Baker, Clarke, Cunningham, Committee. Daniel, Farrow, Galloway, Greene,. Henkle, Mr. JoNxs, of Somerset. Those articles Hopkins, Hopper, Horsey, Jones of Cecil, can be considered as gone through with for Jones of Somerset, King, Larsh, Markey, the time being. McComas, Mitchell, Miller, Morgan, Mullikin, Mr. HEBB. I would suggest that there is Murray, Negley, Nyman, Parker, Parran, nothing before the Convention, until we have Robinette, Russell, Schlosser, Scott, Smith of some article before us for consideration. Carroll, Smith of Worcester, Sneary, Swope, Mr. CUSHING. I understood yesterday that Sykes, Thomas, Todd, Valliant, Wooden-39. to-day any amendments to the bill of rights Nays-Messrs. Abbott, Annan, Brown, would be allowed to come in. Cushing, Davis of Washington, Duvall, The CHAIRMAN. That seems rather in conEcker, Harwood, Hebb, Keefer, Stirling, flict with the decision of the President made Stockbridge, Wickard-13. some days back. Pending the call of the yeas and nays, the Mr. CUSHING. The Chair has the privilege following explanalions were made by mer- of revising its own decision. hers as their names were called:~ The CHAIRMAN. I should not like to reMr. ABBOTT. I should be very happy to verse the decision of the permanent presiding accommodate my friend from Carroll, (Mr. officer of this body. It is within the discreTodd,) but I cannot vote for this order as it tion of the Convention to proceed to consider now stands. I therefore vote " no." either the f urth or the twenty-third article. Mr. THOMAS. In explanation of my vote, Mr. STOCKIcBIDGE. The Convention can do I desire to say that I consider this as a mere almost anything by general consent. If no question of reference to a proper committee. objection is made, the gentleman from SomAn order was offered some time ago by my erset, (Mr. Jones,) can offer an additional friend from Prince George's, (Mr. Belt,) article. which the ~Convention refused to refer to a The CHAIRIAN. If no objection be made' committee. I vote for the reference of this the proposition of the gentleman from Somorder, because I do not think it pledges me erset will be entertained. to any course of action on the subject. I Mr. JONES, of Somerset. I move to amend shall consider myself free to vote as I please this report of the Committee on the Declaraon the question when it comes up for consid- tion of Rights, by the addition of the followeration. Like my -colleague, I am pledged to ing as article 45: vote against negro apprenticeship, and when " Article 45. That every citizen may freely the question comes up I shall vote against it. speak, write and publish his sentiments on ButI vote "aye" on the mere question of all subjects, being responsible fcr the abuse reference. I of that liberty, and no law shall ever be passed Mr. VALLIANT. The remarks submitted by to curtail, abridge or restrain the liberty of the gentleman from Baltimore city, (Mr. speech or of the press." Thomas,) just now, are an explanation of my Mr. Chairman: I confess that I was somevote. I think it is but due courtesy to the what surprised at the vote upon the amendgentleman from Caroline, (Mr. Todd,) to ment offered yesterday, to add a word or two refer this order. But in so voting I do not to the twenty-ninth article of this bill of commit myself to any system of negro ap- rights. I was aware that there were a few prenticeship, and particularly such a system States that had not considered it necessary or as would carry with it the idea of a contin- important to insert among the rights retained ance of slavery in this State. by the people, and which are not to be interThe order was accordingly referred. fered with by the Legislature, the right of DECLARATION OF RIGHTS. freedom of speech, although I was very sure The Convention then resumed the consid- that a very large majority of the States had eration of the order of the day, being the re- expressly inserted such an article in their bills port of the Committee on the Declaration of of rights. And I also felt very sure that in Rights, which was on its second reading. those States, where such an article had not Mr. JONES, of Somerset. I believe we have been deemed imortant enough to be inserted, passed through all the articles of the bill of it was omitted upon the ground that it was rights, as reported by the committee, with so patent, plain and palpable a right, so inthe exception of the fourth and twenty-third separable from any idea of free government, articles; and I presume it is not intended, that no special reservation of it was neceswith so thin a house as this, to proceed with isary, and no omission of that reservation the consideration of those articles at the pres- could possibly be construed into any implient time. I desire, therefore, to offer an ad- cation of right on the part of the Legislature ditional article. to interfere with it. As Mr. Webster said, it 26 394 was like the right to breathe the air, or walk But upon being advised that a conditional the earth. ratification was a rejection, that she would Since the adjournment yesterday, I have not be included in the confederacy at all, or taken the pains to look over the volume of be numbered among the States necessary to the Constitutions of the several States, to see adopt the Constitution in order that it should what provision has been made for this im- go into operation, that proposition was negaportant privilege, so essential, so indispensa- tived. But she trusted to the assurance ble, lying at the foundation of all idea of given on every side that there would be no free government by the people. Wliy, sir, doubt about the incorporation in the Constiif the people are not to be unrestricted in the tution, of the amendments that were deemed discussion of all questions, civil, political, so important. And hence directly after the philosophical and religious, how are they to adoption of' the Constitution by the States, come to a proper enlightened conclusion? after it went into operation among the States If men may not compare ideas upon all ques- adopting it, the very first amendment which tions that come up, though they are the was adopted by universal consent, by all the source of all political power, how is it possi. States, is in the following words: ble that any reasonable conclusion can ever "Congress shall make no law respecting be reached? In denying that liberty you the establishment of religion, or prohibiting deny a principle lying at the very foundation the flee exercise thereof, or abridging the upon which all our institutions are based. freedom of speech or of the press; or the In restricting it, in transcribing it, in putting right of the people peaceably to assemble it under a ban, you subvert the very idea of and to petition the Government for a redress a free government. of grievances." I desire to read to this Convention some of There is an express prohibition upon Conthe articles wLich have been incorporated gress to interfere with the freedom of speech. into the bill of rights of other States, with a Then how is it in reference to the States that view of showing what idea has been enter- formed and adopted Constiutions? I begin tained in those States where it has been with the State of Mlaine. The provision in deemed necessary to advert to this question the bill of rights in the Constitution of the at all, and to provide safeguards to be thrown State of Maine is in these words:, around it. I begin with the Constitution of " Every citizen may freely speak, write the United States. In many of the State and publish his sentiments on any subject, Conventions that adopted and ratified the being responsible for the abuse of this liberty. Constitution of the United States, an objec- No laws shall be passed regulating or retion was made to it upon the ground that it straining the freedom of the press; and, in did not contain a bill of rights. In all the prosecutions for any publication respecting Conventions the reply to that argument was the official conduct of men In public capacithat the Constitution of the United States ty, or the qu.lifications of those who are was intended to constitute a government of candidates for the suffrages of the people, or delegated and limited powers, by necessary where the matter published is proper for implication no power could be exercised by public information, the truth thereof may it except it was expressly granted; and there- be given in evidence; and in all indictments fore it was not necessary to have a bill of for libels, the jury after having received the rights, as in State Constitutions, where the direction of the court,shall have a right to great mass of powers were conferred upon determirne, at their discretion, the law and State governments, unless reserved to the the fact." people by the Constitutions. But so imn- Massachusetts did not deem it worth while portant was it deemed by the people who to put such a declaration formally in their adopted the Constitution, that certain rights bill of rights. She never dreamed that that should be recognized expressly, and restric- right would be questioned in any government tions upon them prohibited by an amend- that pretended to be free and to be founded ment of the Constitution, that in several of upon the will of the people. The provision the States the Constitution came near being in the Constitution of Vermont is in these rejected - especially in Massachusetts and words: New York-because they desired to have "I That the people have a right to a freethese amendments, and they were afraid that dom of speech, and of writing and publishing unless they were made previously to the their sentiments concerning the transactions adoption of the Constitution, they might not of government, and therefore the freedom of afterwards be adopted. New York was very the press ought not to be restrained." near putting those amendments in the shape of The next is New York: conditions; that if the Constitution was not "Every citizen may freely speak, write amended by the insertion of the clauses she and publish his sentiments on all subjects, deemed essential to the preservation of lib- being responsible for the abuse of that right; erty, she would reserve the right, after a cer- and no law shall be passed to restrain or tain number of years, of resuming her sov- abridge the liberty of speech or of the press. ereignty and retiring from the confederacy. In all criminal prosecutions or indictments 395 for libels, the truth may be given in evidence person who undertakes to examine the proto the jury; and if it shall appear to the ceedings of the General Assembly or of any jury'that the matter charged as libellous is branch of government, and no law shall ever true, and was published with good motives be made to restrain the right thereof. The and for justifiable ends, the party shall be free communication of thoughts and opinions acquitted; and the jury shall have the right is one of the invaluable rights of man; and to determine the law and the fact." every citizen may freely speak, write and The next is the Constitution of New print on any subject, being responsible for Jersey: the abuse of that liberty." "Every person may freely speak, write In Alabama: and publish his sentiments on all subjects, " Every citizen may freely speak, write being responsible for the abuse of that right. and publish his sentiments on all subjects, No law shall be passed to restrain or abridge being responsible for the abuse of that libthe liberty of speech or of the press." erty." Then comes the provision in the Constitu- In Missouri: tion of Pennsylvania:'That the free communication of thoughts'' That the printing presses shall be free to and opinions is one of the invaluable rights every person who undertakes to examine the of man, and that every person may freely proceedings of the Legislature or any branch speak, write, and print on any subject, being of government; and no law shall ever be responsible for the abuse of thatliberty." made to restrain the right thereof. The free The next is Florida, and that article being communication of thoughts and opinions is about the most compendious in expression,. is one of the invaluable rights of man; and the model of the article I have submitted to every citizen may fireely speak, write and the consideration of the Convention: print on any subject, being responsible for " That every citizen may freely speak, the abuse of that liberty." write and publish his sentiments, on all subIn Kentucky the article is as follows: jects; being responsible for the abuse of that "That printing presses shall be ft ee to every liberty; and no law shall ever be passed to person who undertakes to examine the pro- curtail, abridge or restrain the liberty of ceedings of the General Assembly or any speech or of the press." branch of government, and no law shall ever There are several other Constitutions which! be made to restrain the right thereof. The contain articles very similar to those I have free communication of thoughts and opinions read. Without reading them, I will merely is one of the invaluaole rights of man, and refer gentlemen to the Constitutions of Arkevery citizen may freely speak, write and ansas, Texas, Iowa, Wisconsin, Califbrnia, print on any subject, being responsible for M1innesota, Oregon and Kansas. Twentythe abuse of that liberty." two States have deemed it of sufficient imoThe next is Tennessee: portance to guard this essential, absolute " The free communication of thoughts and'right of the citizen, by incorporating in their opinions is one of the invaluable rights of bills of rights a restriction upon the Legislaman, and every citizen may freely speak, ture to inteimeddle by any curtailment or write and print on any subject, being respon- abridgement whatever of that right. sible for the abuse of that liberty." I now desire to read a paragrlph or two Then Ohio: from the appendix of Judge Tucker's Corm"Every citizen may freely speak, write mentaries on Blackstone, by way of showing and publish his sentiments on all subjects, what is understood by those who have con-being responsitle for the abuse of the right, sidered this right in connection with free and no law shall be passed to restrain or government, to be'.he importance of its preabridge the liberty of speech or of the press."' servation from all legislative interference. I InIndiana: read from page 11 of' the appendix, vol. 2, of ":No law shall be passed restraining the Tucker's Blackstone: free interchange of thought and opinion, or " Liberty of' speech and discussion in all restricting the right to speak, write or print speculative matters, consists in the absolute freely on any subject whatever; but for the and uncontrollable right of speaking, writing abuse of that right every person shall be re- and publishing our opinions concerning any sponsib!e." subject, whether religious, philosophical or In Mississippi: political; and of enquiring into and exam"Every person may freely speak, write ining the nature of truth, whether moral or and publish his sentiments on all subjects, metaphysical; the expediency or inexpediency being responsible for the abuse of that lib- of all public measures, uith their tendency erty." and probable effect; the conduct of public " No law shall ever be passed to curtail or men, and generally every other subject, restrain the liberty of speech or of the without restraint, except as to the injury of press." any other individual, in his person, property In Illinois. or good name. Thought and speech are " The printing presses shall be freeto every equally the immediate gifts of the Creator, 396 the one being intended as the vehicle of the them, or either of them, into contempt, or other; they ought, therefore, to have been disrepute; or to excite against them or either wholly exempt from the coercion of human of them, the hatred of the good people of the laws in all speculative and doctrinal points United States, then such person, being thereof:whatsoever; liberty of speech in political convicted before any court of the United matters has been equally proscribed in almost States, having jurisdiction thereof, shall be all the governments of the world, as liberty punished by a fine not exceeding two thouof conscience in those of religion. A com- sand dollars, and by imprisonment not explete tyranny over the humn-n mind could ceeding two years.' The act was limited in never have been exercised whilst the organ its duration to the third day of March, 1801, by which our sentiments are conveyed to the very day on which the period for which others, was. free. When the introduction of the then President was elected, was to expire; letters among men afforded a new mode of and, previous to which the event of the next disclosing, and that of the press, a more ex- Presidential election must be known."' peditious method of diffusing their sentiments, And under that act there were three or writing and printing also became subjects of four men, one in Pennsylvania, one in Conlegal coercion;: even the expression of senti- necticut, I believe, and one, in Virginia, ments by pictures and hieroglyphics attracted prosecuted for publishing seditious articles, the attention of the argus-government, so far were fined and were imprisoned. The writer as to render such expressions punishable by then goes on to state the consequences of that law. The common-place arguments in sup- act. port of these restraints are, that they tend to " The consequences of this act, as might preserve peace and good order in government; have been foreseen, were a general astonishthat there are some.doctrines both in religion ment, and dissatisfaction, among all those and politics, so sacred, and others of so bad who considered the Government of the United a tendency, that no public discussion of them States as a limited system of government; in ought to be suffered. To these the elegant its nature altogether federal, and essentially writer before referred to, (Dr. Price,) gives different from all others which might lay this answer:' Were this a right opinion, all claim to unlimited powers; or even to nathe persecution that has ever been practised, tional, instead of federal authority. The would be justified; for if it is a part of the constitutionality of the act was accordingly -duty of civil magistrates to prevent the dis- very generally denied, or questioned, by cussion of such doctrines, they must, in doing them. They alleged, that it is to the freethis, act on their own judgments of the na- dom of the press, and of speech, that the ture and tendency of doctrines; and conse- American nation is indebted for its liberty, quently, they muist have a right to prevent its happiness, its enlightened state, nay more, the discussion of all doctrines which they for its existence. That in these States the think to be too sacred for discussion, or too people are the only sovereign; that the govdangerous in their tendency; and this right ernment, established by themselves, is for they must exercise in the only way in which their benefit; that those who administer the civil power is capable of exercising it, by in- government, whether it be that of the State, flicting penalties on all who oppose sacred or of the Federal Union, are the agents and doctrines, or who maintiain pernicious opin- servants of the people,: not their rulers or ions.' ". tyrants. That these agents must be, and are, And I wish to call to the attention of: the from the nature and principles of our govConvention what Judge Tucker says about ernments, responsible to the people for their the first attempt, and the only attempt, that conduct. That to enforce this responsibility,' was made under this government, to restrain it is indispensably necessary that the people the. freedom of' the' press. After speaking of should inquire into the conduct of their the reasonable expectations that might have agents; that in this inquiry, they must, or been entertained that no attempt of that sort ought to scrutinize their motives, sift their would ever have been made, Judge Tucker intentions, and penetrate their designs; and says: that it fwas, therefore, an unimpeachable "But however reasonable such an expecta- right in them to censure as well as to applaud - tation might have been, a very few years to condemn or to acquit; and to reject, or evinced a determination on the part of those to employ them again, as the most severe -who then ruled the public counsels of the scrutiny might advise. That as no man can United States to set at naught all such re- be forced into the service of the people against straints. An act accordingly was passed by his own will and consent; so if' any man the Congress, on the fourteenth of July, 1798, employed by them in any office, should find whereby it was enacted- that' if any person the tenure of it too severe, because responsishall write, print, utter or publish' any false bility is inseparably annexed to it, he might and: malicious writing against the Govern- retire;. if he cannot bear scrutiny, he might ment of the United States, or either house'of resign; if his motives, or designs, will not Congress, or the President, with intent to de- bear sifting; or if censure be too galling to fame them, or either of them, or to bring his feelings,. he might avoid it in: the shades 397 of domestic privacy. That if flattery be the genius of our Federal Constitution has vested only music to bis ear, or the only balm to his the people of the United States,, not only with heart; if he sickened when it was withheld, a censorial power, but even with the sovor turned pale when denied him; or if power, ereignty itself; if magistrates are, indeed, like the dagger of Macbeth, should invite his their agents; if they are responsible for their willing imagination to grasp it, the indigna- acts of agency; if the people may not only tion of the people ought immediately to mark censure whom they disapprove, but reject him, and hurl him from their councils and whom they may find unworthy; if approbatheir: confidence forever. That if this abso- tion or censure, election or rejection, ought lute freedom of inquiry may be, in any man- to be the result of inquiry, scrutiny, and maner, abridged, or impaired by those who ad- ture deliberation; why, said they, is the exminister the government, the nature of it will ercise of this censorial power, this sovereign be instantly changed from a federal union of right, this -necessary inquiry, and scrutiny to representative democracies, in which the be confined to fireedom of speech? Is it bepeople of the several States are the sovereign, cause this mode of discussion better answers and the* administrators of the government, the purposes of the censorial power? Surely their agents, to a consolidated oligarchy, not. The best speech cannot be heard by aristocracy, or monarchy, according to the any great number of persons. The best prevailing caprice of the constituted authori- speech may be misunderstood, misrepresented, ties, or;of those who may usurp them. That and imperfectly remembered by those who where absolute freedom of discussion is pro- are present. To all the rest of mankind, it is hibited, or restrained, responsibility vanishes. as if it had never been. The best speech That any attempt to prohibit, or restrain that must also be short for the investigation of freedom, may well be construed to proceed any subject of an intricate nature, or even a from conscious guilt. That the people of plain one, if it be of more than ordinary America have always manifested:a most length. The best speech then must be altojealous sensibility on the subject of this in- gether inadequate to the due exercise of the, estimnable right, and have ever regarded it as censorial power, by the people. The only a fundamental principle in their government, adequate supplementary aid for these defects, and carefully engrafted in the Constitution. is the.absolute freedom of the press. A freeThat this sentiment was generated in the dom unlimited as the human mird,; viewing American mind by an abhorrence of: the all things, penetrating the recesses of' the maxims and principles of that government human heardt, unfolding the motives of human which they had shaken off, and a detestation actions, and estimating all things by one inof the abominable persecutions, and extra- valuable standard, truth, applauding all who judicial dogmas, of the still odious court of deserve well; censuring tile undeserving; star-chamber; whose tyrannical proceedings'and condemning the unworthy, according to and persecutions, among other motives of the the measure of their demerits." like nature, prompted and impelled our an- That was the argument that was used by cestors to fly from the pestilential government the people who opposed the alien and sediof their native country, to seek an asylum tion laws which brought forth the Virginia here; where they might enjoy, and their pos- and Kentucky resolutions, and brought the terity establish, and transmit to all future peopleof the United States at that early period generations, freedom, unshackled, unlimited, of their history, to scrutinize and examine undefined. That in our time we have vindi- the true foundation of the Federal Governcated, fought for, and established that free- ment, and the relations which that governdonm by our arms, and made it the solid and ment bore to the States, the people of which immovable basis and foundation both of the had given it existence and birth; and which State and Federal Government. That no- brought about a revolution that swept from thing could more clearly evince the inesti- power,thosathatpassedand suscainedthealien mable value that the American people have and sedition laws and erected upon their set upon the liberty of the press, than their foundation the great party of Jefferson, the uniting it in the same sentence, and even in Democratic party, that from. that time to the same member of a sentence, with the within a few years, with a few exceptions, rights of conscience and the freedom of has conducted the government in all its despeech. And since Congress are equally pro-' partments, with an unexampled degree of hibited from maling any law abridging the success. freedom of speech, or of the press, they boldly I have chosen in submitting this amendchallec ged their adversaries to point out the ment, to rest its defence upon the articles of constitutional distinction, between those two'the Constitution of twenty-two States to modes of disunion, or inquiry. If the un- which I have referred, which have deemed it restrained freedom of the press, said they, be important to adopt such a provision; and not guaranteed by the Constitution, neither that defence of the right of freedom of speech is that of speech. If on the contrary the un- and of the press, which is contained in the restrained freedom of speech is guaranteed, passages I have read from Tucker's Blackso also, is. that of the press. If then the stone. And I shall conclude with quoting 398 an authority which I trust I may commend citizens of Maryland in that respect: while if still more strongly to the attention of this there is any power above our Constitution House. I will read an extract from a speech which may choose to take it away, we canof Daniel Webster-a very short one but a not prevent it. I am willing to vote for a very comprehensive one. No man in any new article embodying a new princilele, such age or anywhere, ever used the English lan- as the one which notice has been given of guage with more terseness, and accuracy, and by my colleague, (Mr. Abbott), to the effect beauty and power, than Daniel Webster. that all men are born free. As that is anew He had the happy faculty of clothing his principle, so far as the State of Maryland is thoughts in language that was clear and concerned, I shall vote for it. conclusive. The extract is this: 1Mr. STOCKBRIDGE. I am somewhat sur" Free speech is a homestead right, a fire- prized at the objection made by my colleague side privilege. It has ever been enjoyed in (Mr. Cushing), to the proposition submitted every house, cottage and cabin in the nation. by the gentleman from Somerset, (Mir. Jones.) It is not to be drawn in controversy; it is For though I consider —the gentleman from as undoubted as the right of breathing the Somerset will pardon me for saying so-that air or walking on the earth. It is a right to the proposed article is somewhat inf'elicitously be maintained in peace and in war; it is a drawn, yet the doctrine it enunciates is not right which cannot be invaded without de- altogether so new as my colleague supposes. stroying constitutional liberty. Hence this Mr. CUSHNtG. Not so new; but so old as right should be guarded and protected by to make it unnecessary to state it. the freemen of the country with a jealous Mr. STOCKBRIDGE. We have already, in care, unless they are prepared for chains and the thirty-ninth article, provided that the anarchy." liberty of the press ought to be inviolably Now, sir, I rest this article upon these au- preserved. That preservation of the liberty thorities, and upon the good sense and sound of the press, however it may be arrived at, discretion of this C invention. ought in some form to be secured against all Mr. CUSHING. I have no objection to the irregular remedies or restraints applied to it, principle contained in the general proposi- as well the regular, authorized, legal retion of freedom of speech. But our bill of straints. We have had in this State, and rights is already five articles beyond the very recently, great restraints imposed upon usual length. We have already forty-four the freedom of the press and the freedom articles and I shall oppose the introduction of'speech also; and, therefore, it might be of any other article, unless it en;nriciates well, if it be possible, by an article here to some new provision in the political relations secure it. If we take up our own code and of Maryland which we have discovered since refer to the thirtieth article of that code, we 1176. During the speech of the gentleman will find very stringent restrictions upon the from Somerset, (Mr. Jones), Iwas continually liberty of the press. It is true it is under the reminded of arn anecdote I once heard. Af- head of "' Incendiary Publications." But, ter Mr. Pinckney of Maryland had once then, those publications not being defined at argued from six to eight hours before the all in the phraseology of the law, we are Supreme Court of the United States upon thrown back upon the discretion of the judge elementary principles of law, to which they -a thing about as certain as the length of the had listened with great attention, at the chancellor's foot-to decide what is incenclose of his argument, the Chief Justice mild- diary. And not only has this restriction ly suggested that there were some things upon the freedom of the press stood as the which the Supreme Court of the United States law of this State year after year, but within might be presumed to know. the memory of persons who now hear me, Now we in Maryland have lived for eighty men have been indicted for taking from the years without such an article in our bill of post-office some of the best commercial parights, either of 1776 or 1850. And I have pers to be found in the country; papers pubnever yet learned, either from the history of lished in the great commercial metropolis of this State from that period to this, or from the country, giving the best foreign intellimy own experience, that the freedom of gence, discussing ably the most vital ques-.speech has been at all limited in the State of' tions of the day-men have been indicted for Maryland. Not only that, butso far as i have taking them from the post-office, simply beheard, it has gone to the extreme of license cause they did not exactly coincide in all on many occasions.,And while I may have points with the notion as to what was, and voted for this proposition in a short form, what was not, incendiary. as the easiest way, I hold it to be unnecessary But this provision of our code goes farther to put in as a separate article that which in its restriction upon the freedom of the those who have gone before have held to be press. Not only does it punish those who a general and self-admitted truth. I see no shall knowingly assist in circulating incengood to be subserved by putting this in, be- diary publications, but it makes the grand cause no power under the Constitution of juries in our State competent to bring before.Maryland can take away the freedom of the them-not only competent, but it makes it 399 their sworn duty to bring before them —at strike out the words " may freely," and inevery, court the post-masters, and examine sert the words "'ought to be allowed to;" so them as to who is presumed to take anything that it will read —" Every citizen ought to be from the post-office that they can construe as allowed to speak, write and publish his sentiincendiary. And although none of these ments on all subjects, being responsible for things have yet gone to the length of declar- the abuse of that liberty." ing what a man might or might not say, yet Mr. JONES, of Somerset. I would very wilacting on the same principle laid down in lingly agree to any verbal change that did not that code, an irregular suppression of that affect the substance; but I cannot accept this which is construed to be incendiary has gone amendment. I hold that this right is beyond on, until it has not been until within the last the reach of any power in a republican form year that in this State you could freely dis- of government. It is one of the absolute cuss the great question of the true political rights of the citizen, and there is no one who economy of this State. And so it has been can say to himl that he will allow, or will not in every State south of uF. While it could allow, its exercise. be discussed in every a;ty and every village Mr. HENKILE. Will the difficultybe met by to the north of us, in all the States that are inserting after the word''responsible,"' the free States-here it has been suppressed. And words "to the laws only??" within the last four years, in the city of Bal- Mr. JONES, of Somerset. That is implied tirore, an assemblage of men, met to discuss necessarily. by themselves, in their own way, and within The question was upon the adoption of the their own doors. questions that they believed amendment proposed by Mr. Stockbridge. to be vital to the prosperity and the peace of Upon this-question Mr. Jones, of Somerset, the State, has been in the most riotous and called for th6 yeas and nays, and they were reckless manner broken up, and the persons ordered. thus discussing these questions among them- The question was then taken, by yeas and selves have been compelled to fly as fugitives. nays, and resulted-yeas 43, nays 10-as folNow, if the article presented by the gentle- lows: man from Somerset, (Mr. Jones,) could se- Yeas —A-essrs. Abbott, Annan, Baker, cure that freedom of speech in time to come, Brown, Clarke, Cunningham, Cushing, DanI should most willingly vote for it. But I iel, Davis of Washington, Duvall, Ecker, think there is another article soon to be dis- Farrow, Gallowaty, Greene, Hebb, Henkle, cussed before this body that will hereafter se- JHodson, Hopkins, Hopper, Horsey, Jones of Cecure freedom to the press, and of speech also. cil, Keefer, Larsh, MarLkey, McComas, Morgan, For all these matters of freedom go together. Mullikin, Murray, Negley, Nyman, Robinette, You cannot make infractions upon the free- Russell, Schlosser, Scott, Smith of Carroll, dom of man at one point that you do not Smith of Worcester, Sneary, Stockhridge, make them at others. And, therefore, I con. Swope, Sykes, Thomas, Todd, Wooden-43. ceive that this article will not be necessary in Nays —Messrs. Harwood, Jones of Somerthe future, however much it may have been set, King, Mitchell, Miller, Parker, Parran, necessary in timues past. Still, I should be Stirling, Valliant, Wickard-10. very glad to vote for the principle therein Pending the call of the yeas and nays the contained. And if the phraseology can be following explanations were made by memchanged it will give me great pleasure to bers, as their names were called: vote for the proposed article. Mr. CLARKE. Before voting I desire to say Mr. JoNES, of Somerset. If the gentleman that if the adoption of this amendment will from Baltimore city, (Mlr. Stockbridge,) will secure the adoption of this article, I have no indicate the phraseology that is objectionable abjection to the amendment being made. I to him, I will be most happy to endeavor to regard " ought to" to be equivalent to " shall." make it conformn to his views, so that the That phrase runs all through this bill of rights, substance is preserved. and it has been over and over again asserted Mr. STocRBuRIDG. As the shortest way of that'" ought to be" means'" shall be." And getting at it, although it will not then con-. construing the words in that way, I will vote form exactly to my idea, I will move to strike " aye." out all after the word "liberty," leaving the Mlr. KIIN. I am in favor of freedom of first part, which now reads: speech and of the press; and as we have that "That every citizen may freely speak, already secured, and this is only to make a write, and publish his sentiments on all sub- a man accountable for the abuse of that libjects, being responsible for the abuse of that erty, which he would be without this article, liberty." I shall vote against the amendment and the MIr. JoNEs, of Somerset. I have no objec- article. I vote " no." tion to that amendment. I will at cept it. Mr. SIRLINGa. I think the expression "may The proposed article was modified accord- freely" is better and in fewer words than ingly.'ought to be allowed to." I do not think Mr. STOCKBRIDGE. There is one other there is much choice between them, but I rather anendment I desire to offer. I move to prefer the former, and therefore I vote "no." 400 The amendment was accordingly adopted. its labor. Hlowever, I will not enter'into The question recurred upon the adoption of discussion of this question now. the article as amended. Mr. STIRLING. The Declaration of IndeUpon this question, Mr. JONES, of Somerset, pendence says the same. called the yeas and nays, which were ordered'. Mr. DANIEL. And it is found in the ConThe question being then taken, by yeas and stitutions of most of the free States. nays, upon the adoption of the article as The further consideration was postponed amended, it resulted-yeas 33, nays 20-as for the present. follows: ALLEGIANCE. Yeas-Messrs. Brown, Clarke, Cunning- On motion of Mr. THOMASham, Daniel, Duvall, Farrow, Galloway, The Convention then resumed the considGreene, Harwood BHenkle, Hodson, Hopper, eration of the fourth article of the bill of Horsey, Jones of Somerset, Larsh, McComas, rights, which declares that "-every citizen Mitchell, Miller, Morgan, Negley, Parran, owes paramount allegiance to the Constitution Robinette, Russell, Schlosser, Scott, Smith of and Government of the United States,7 &c. Carroll, Smith, of Worcester, Stirling, Stock- The pending question was upon the motion bridge, Thomas, Todd, Valliant, Wickard of Mr. Briscoe to strike out the word "para-33. mount." Nawys —-lessrs. Abbott, Annan, Baker, Mr. THOMAS. Mr. Chairman: When the Cushing, Davis of Washington, Ecker, Hebb, discussion upon this article was begun in this Hopkins, Jones of Cecil, Keefer, King, Mar- Convention, I did not propose to say anykey, Mlullikin, Murray, Nyman, Parker, thing upon the subject. I had intended, Sneary, Swope, Sykes, Woodeg-20. when I allowed my name to be presented to The following explanations V re made by the people as a candidate in this body, to members as their names were called: come here merely as a listener and a voter Mr. ABBOTT. I voted Yor the amendment; But representing, as I do in part, one of the but I am opposed to the adoption of the arti- most loyal constituencies in the State of Marycle for the reason given by my friend from land, and believing as I do that the doctrine Baltimore county (Mr. King) that we have enunciated by the fourth article of this bill this already in the bill of rights, and it is un- of rights contains the very pith and marrow necessary to multiply the articles, unless some of our State, to say nothing of our national new matter or principle is embraced. I there- existence, I would be doing violence to my fore vote "'no." own view of what was right, and be recreant Mr. KING. For the same reason that I to my duty to my constituency, did I not at voted " no" on the amendment I shall vote least attempt to meet the challenge which has "' no" on this article. T think this is the been thrown out by the minority, upon the same that we already have; and I do not other side of this question, who ask the maconsider it necessary to cumber the bill of jority to show the faith which they have in rights with another article on the sane sub- this proposition, and to give the reasons ject. Ivote "no." which they have for entertaining that faith. The article as amended was accordingly The minority of the Committee on the Deadopted. claration of Rights say: Mr. ABBOTT. I desire to offer an additional " That with regard to the proposed 4th artiarticle, to come in as the first article of this cle of the Declaration of Rights, as reported by bill of rights. I do not desire to have it ar- the majority, they are of opinion that howgued now, as it contains subjects which will ever true is the proposition that the Consticome up more properly for discussion after tution of the United States, and the laws the 23d article is adopted. I offer it now in made in pursuance thereof, are the supreme order that it may go upon the journal, so that law of the land, yet it has never been deemed every member can read it. I submit the fol- necessary by the statesmen who framed that lowing as article one. Constitution, or by those who framed the " Article 1. Truths to beheld as self-evident Constitution of this State, or, in so fir as the are, that all men are created equally free; undersigned have learned, by the framers of that they are endowed by their Creator with any one of the numerous Constitutions of the certain inalienable rights, among which are other States, to insert amongst the rights and life, liberty, the, enjoyment of the proceeds of prerogatives of their citizens any language their own labor, and the pursuit of happi- enforcing the obligation of allegiance to the ness." Government of the United States." Mr. CLARKE. There are convicts in the The gentlemen who signed that minority penitentiary who do not get the proceeds of report, admit, as they must, that the Constitheir own labor. tution of the United States, and the laws Mr. ABBOTT. There are very few people passed in pursuance thereof, are the supreme born in the penitentiary; they are born law of the land. It is true that one of those outside. gentlemen-the gentlema.n from Prince Mr. CLARKn. T never heard of a baby un- I George's, who last addressed the House on dertaking to labor, and receiving the fruits of this subject, (Mr. Belt)-denied that proposi 401 tion in his argument. And the gentleman ment of the country; and next to the laws of from Prince George's who first addressed the this State; and if the laws of the State and House upon this subject, (Nlr. Clarke,) al- the Government are in conflict, the Governthough he:did not deny the proposition di- ment is entitled to his allegiance and not the rectly, still went on with a labored argu- State. ment, bolstered up by numerous authorities, To sustain the first proposition, it will be to prove that:while the Constitution of the necessary for us to go back to the days when United States and the laws passed in pursu- the thirteen original colonies were in their ance thereof are the supreme law of the land, infancy. And it is not only instructive, but, it is,: in the first place, totally unnecessary to in my opinion, conclusive of the utter fallacy incorporate this article in the bill of rights; (of *this States' rights doctrine, to trace, step and that, in the second place, the State of by step, the gradual development and growth Maryland in its sovereign capacity is not of a small band of men, such as landed at bound to give that allegiance to the Constitu- Plymouth, Jamestown and St. Mary's; first tion and Government of the United States into provincial, proprietary or charter govwhich is asserted by this proposition. ernments; then, when the occasion and the Now, sir, T do not rise here to-day for the necessities of thle times -lenmanded, to mutual purpose of venturing upon any new theory, union for protection and defence from the or to make any fune-spun argument, to prove savages of the Indian tribes: and finally, to what I conceive tobe a self-evident proposi- the first Congress of the united people of the tion, a proposition which I consider was colonies to consider and resist the wrongs true at the foundation of this Government, and outrages inflicted upon them by the and which existed even before this Govern- mother country. This may be somewhat tement was established. Gentlemen upon the dious, perhaps; but still I deem it necessary other side tell us that even before the creation in view of what has fallen fioro tIhe gentleman of the Federal Government the States were from Prince George's, (Mr. Belt,) as to the sovereign; and contend thereby that the peo- origin and formation of the colonies prior to ple had given to the State governments such the Revolution. powers of sovereignty as took away even Sir, it is well known to all familiar with from the people who created those State gov- the history of our country, that the organiernments, the sovereignty of the people. zation of the governments of the thirteen col-.I maintain three propositions. In the first onies, were either provincial, proprietary, or place, I propose to show, by authority, that chartered. I do not intend, in connection the thirteen original States, that formed the with this proposition of history, to make any Constitution of the United States, were not historical quotations. If it is denied by genlformed until a union of the people of the dif- tlemen upon the other side, I have the authorferent colonies for national purposes had al- ities to prove it, but I do not wish to render ready taken place; and not until the national myself tedious to this House, by making the power had recommended their establishment. references and reading the extracts from them -If I succeed in establishing this proposition, now. If they will look back to the history then it will follow as a natural consequence of the colonies, they will find it to be' as I that no colony, acting separately for itself, have asserted. I will, therefore, merely refer dissolved its own allegiance to the British to Curtis' History of the Constitution of the Crown; but that this allegiance was dissolved United States, page 4, where the whole histoby the supreme authority of the people, act- ry of the colonies, even before the Declaration ing through Congress, elected by the people. of Independence is given, and where is shown Secondly, I shall next attempt to show that the peculiar characteristics and properties of the Constitution of the United States is not a these chartered governments. It will be seen compact between the States as sovereignties, by these authorities that long before the revbut a.fundamental law of the whole people of olution, there had existed local governments the United States, made by the people as and local legislatures, one branch composed such, and not by the-States as separate, inde- of representatives or delegates, elected dipendent sovereignties. rectly by the people, and being in fact the Thirdly, that the Constitution so made by real organs of the popular will. One of the the people is supreme and paramount, over- principal causes which led to the revolution riding and controlling all local State govern- was the blow struck at those governments. ments; and that the people of every State of I assert that the colonies possessed no power this Union owe the same paramount obey of forming a union among themselves, withdience and allegiance to.the Constitution and out the sanction of the Crown, or of the Parlaws of the United States as the people of a liament of Great Britain; and that the powState owe to the laws of their own- State, er of forming such an union was one of the when in: conflict with the laws of any mu- chief powers asserted by the revolution. nicipal corporation, or county, or other lccal And this brings us down to the first Contigovernment. In other words, -that the. first nental Congress. And here it will be: found and primary law of obedience and of allegiance that the delegates elected to that Congress of -every citizen, is to the General Govern- were either elected by the legislatures, acting 402 for and in behalf of the people; or were ap- ought, strictly and inviolably to observe, and pointed by conventions of the people, called carry into execution the association agreed on expressly for that purpose; or by committees by the said Continental Congress." duly authorized by the people to make those The first Congress met on the 5th of Sepappointments. I refer gentlemen to Cur- tember, 1774; and it is a very significant tis' Constitution, vol. 1, page 8, and also to fact that they styled themselves "' delegates the Conventions of Maryland. By reference to appointed "-not by the colonies as colonies the proceedings of the Conventions of Ma- not by the States, because the States had not ryland, 1774,'75 and'76, at pages 3, 4, 5, and then been formed-but " by the good people 6, gentlemen will find the language used by of these colonies." On the 10th of May, 1775, the people of Maryland, assembled in conven- the second Congress met, and it will appear tion to frame a revolutionary government by reference to the proceedings of that Conprior to 1776. They say: " At a meeting gress that the delegates to that body wereapof the committees appointed by the several pointed in the same way, " by the people," counties of the province of Mazyland, at the and by reference to page 14, of the Convencity of Annapolis, the 22d day ofJune, 1]74," tions of Maryland, will be found the follow&c., and then goes on to say: inl: " It being moved from the Chair to as- "Resolved, That this Convention do now certain the manner of dividing on questions, rise; and it is recommended to such of the it was agreed, that on any division each coun- counties of this province, where it may be nety have one vote; and that all questions be cessary forthwith to make choice of deputies to determined by a majority of counties. represent them in a provincial Convention to i The letters and vote of the town of Boston, be held in the city of Annapolis, on Monday, several letters and papers from Philadelphia the 22d of May, unless an earlier or later day and Virginia, the act of Parliament for block- be appointed by the delegates of this province, ing up the port and harbor of Boston, the or any three of them, appointed to attend the bill depending in Parliament subversive of Continental Congress." the charter of Massachusetts Bay, and that Then follow two communications C"reenabling the Governor to send supposed of- ceived by return of the express sent by the fenders from thence to another colony, or Provincial Convention to the Committee ot England for trial, were read, and after ma- Correspondence for Philadelphia." ture deliberation thereon, On the 26th of July, 1775, was formed the " Resolved, That the said act of Parliament, ", Association of the Freemen of Maryland;'" and bills, if passed into acts, are cruel and a document which shows at once that the oppressive invasions of the natural rights of colonies not only acted as United Colonies, the people of Massachusetts Bay as men, and for and on behalf of the wohole inhabitants of of their constitutional rights as English sub- the colonies; but it will be also seen how a jects," &c. Committee of Observation for each county And then on page 4 was formed for the purpose of carrying into " Resolved, Notwithstanding the people of effect the articles of association. The articles this province will have many inconveniences of that association will be found at page 18. and difficulties to encounter, by breaking off I read a part of them. their commercial intercourse with the mother " And as in these times of public danger, country, and are deeply affected at the,dis- and until a reconciliation with Great Britain, tress which will be thereby necessarily on constitutional principles, is effected, (an brought on many of their fellow-subjects in event we most ardently wish may soon take Great Britain, yet their affection and regard place,) the energy of government may be to an injured sister colony, their duty to them- greatly impaired,so that even zeal unrestrained -.selves, thsir posterity, and their country, de- may be productive of anarchy and confusion; mand the sacrifice,-and therefore this pro- we do, in like manner unite, associate and vince will join in an association with the other solemnly engage, in maintenance of good principal and neighboring colonies, to stop all order, and the public peace, to support the exportations to, and importations from, Great civil power in the due execution of the laws, Britain, until the said acts, and bills if joined so far as may be consistent with the present with acts, be repealed," &c. plan of operations; and to defend, with our On page 6, at a provincial meeting of dep- utmost power, all persons from every species uties, held at Annapolis, on the 21st of No- of outrage to themselves or their property,. vember, 1774, is the following: and to prevent any punishment from being "The delegates appointed to represent this inflicted on any offenders, other than such as province at thelate Continental Congress laid shall be adjudged by the civil magistrate, the the proceedings of the Congress before this Continental Congress, our Convention, Council meeting, which being read and considered, of Safety, or Committee of Observation." were unanimously approved of; and there- " And we do unite and associate as one upon it is band, and firmly and solemnly engage and " Resolved, That every member of this meet- pledge ourselves to each other, and to Amering will, and every person in the province ica, that we will, to the utmost of our power 403 promote and support the present opposition, atives of thepeople, best conduce to the happicarrying on, as well by arms, as by the Con- ness and safety of their constituents in partinental Association, restraining our com- ticular, and America in general." merce." On page 184, of Maryland Conventions, Then they go on and appoint committees will be found the action of the Convention, of observation in every county, in relation to taken some time subsequently, was in favor of raising troops for the purposes of this asso- the course recommended by Congress; and ciation. the following resolution was adopted: By this Continental Congress the first con- " Resolved, That a new Convention be tinental. army was formed, and George Wash- elected for the express purpose of forming a ington was appointed commander-in-chief. new government, by the authority of the Continental currency was issued: a general people only, and enacting and ordering all treasury, and a post-office department were things for the preservation, safety and gencreated for the a" United Colonies." [See 1 eral weal of this colony." Curtis, 37.] And further on we come to another docuOn the 15th of May, 1776, Congress trans- ment, which shows that the people of Marymitted to the several Colonies the following land took up arms in defence of one great naremarkable " Resolve," which I consider the tionality,. and as one people, and which will very basis, and foundation, and origin of the dispose of what was alleged by the gentleman several State governments. And it will be from Prince George's (Mr. Belt), that the seen from this document how careful they States acted as sovereignties, and not as one were to speak in the name and on behalf of people, in their separation from Great Britain. "the people," and how the new government I now read from page 191 of Maryland Conof our own State was formed by, and spoke stitutions. in the name of; the people. At page 138 of " Whereas, the united colonies have been the Maryland Conventions, will be found this reduced to the fatal necessity of taking up resolve which was sent by the Continental arms in defence of their indubitable and inesCongress to the Convention of Maryland. timable rights and liberties; and whereas " The President laid before the Convention several of the inhabitants of this colony, lost a letter from the Deputies of this Province in to every generous sentiment of liberty and of Congress, enclosing the following resolutions, love to their country and posterity, have kept to wit: up a traitorous correspondence Ni ith, and sup"In Congress, May 15, 1776. plied the British troops and navy with pro"Whereas, His Britannic Majesty, in conjune- visions, and some of them have joined in tion with the Lords and Commons of Great arms and others have acted as pilots on board Britain, has, by a late act of Parliament, ex- the enemy's ships and vessels, whereby the cluded the inhabitants of these United Colo- safety of this and our sister colonies may be nies from the protection of his Crown: And endangered, therefore resolved." whereas, no answer whatever, to the humble And then the Convention goes on to repetitions of the colonies for redress of griev- solve the penalty of death to any man who ances and reconciliation with Great Britain, may be found in traitorous intercourse, suphas been, or is likely to be given, but the plying provisions, piloting boats or anything whole force of that kingdom aided by foreign of that kind connected with the enemy. And mercenaries, is to be exerted for the destruc- then at pages 201 and 202 they resolve what tion of the good people of these colonies: they call the declaration of the rights of the And whereas, it appears absolutely irreconcil- people of -Maryland. On page 202 they deable to reason and good conscience, for the clarepeople of these colonies now to take the oaths " I We, the delegates of illargland in Convenand affirmations necessary for the support of tion assembled, do declare that the King of any government under the Crown of Great Great Britain has violated his compact with Britain, and it is necessary that the exercise this people, and that they owe no allegiance of every kind of authority under the said to him; we have therefore thought it just Crown should be totally suppressed, and all and necessary to empower our deputies in the powers of government exerted under the Congress to join with a majority of the sunited authority of the people of the colonies, for colonies in declaring them free and indepenthe preservation of internal peace, virtue and dent States, in framing such farther confedergood order, as well as for the defence of their ation between them in making foreign allilives, liberties and properties, against the hos- ances, and in adopting such other measures tile invasions and cruel depredations of their as shall be judged necessary for the preservaenemies: Therefore, tion of theis liberties," &c. " Resolved, That it be recommended to the And this brings us to the Declaration of respective Assemblies and Conventions of the Independence. Mr. Jeff. Davis, in his mesUnited Colonies, where no government suffi- sage of the 26th of April, 1861, has asserted, cient to the exigencies of their affairs has been and the gentleman from Prince George's (Mr. heretofore established, to adopt such govern- Belt), has followed him, that at the time of ment as shall, in the opinion of the represent- the Declaration of IndeDendence each " State 404 retained its sovereignty." I deny the fact; I shall now attempt to show that the ConI assert that all the State of Maryland:retained stitution of the United States is not a compact was the right to regulate its own internal between the States, but the fundamental law government and polity. The Declaration of of the whole people of the United States and Independence spoke in the name of the good made by tihem as such.: It is a well established people of the colonies, and.says that the fact that the articles of confederation were " United Colonies were freeand independent,' defective. And accordingly on the:11th of and that as independent States-not that December, 1786, there was a meeting of the each State acting independently for itself had delegates from New York, New Jersey and the power-but that all together had the Pennsylvania,. and Delaware,. at Annapolis, power to declare wvar, make treaties of peace, to devise and. propose the ~best method of &c. establishing a more perfect union. In the I admit that under the articles of confeder- report made by them to be found on page ation, by its second section, each: State re- 118, 1 Elliott's Debates, is the following tained that portion of its sovereignty, freedom "That there are important defects in the and independence which was not by those system of the Federal Government is aclknowarticles expressly delegated to the Congress ledged by thlie acts of all those States which of the United States. But that sovereignty have concurred in the present meeting; that was the sovereignty of the people; it was l the defects, upon a closer examination, may expressly so stated; and the delegates of the be found greater and more numerous than States that ratified that instrument were elect- even these acts imply,:is at least so far probaed and appointed by the people of the State, ble, fiom the embarrassments which characand spoke in.the.name and. on behalf of their terize the present state of our natioJal affairs, constituents. I refer to 1 Elliott's Constitu- foreign and domestic, as may reasonably be tion, page 84; to John Adam's speech, page supposed to merit a deliberate. and candid 76, and Dr. Rush's speech, page 77. I will discussion, in some mode which will unite the read a short extract from the speech of John sentiments and councils of all the States. In Adams, at page 76. the choice of the mode, your commissioners. " John Adams advocated the voting in are of opinion that a Convention of deputies proportion to members. He said that we from the different States, for the special and stand here as thie representatives of thepeo- sole purpose of entering into this negotiation, pie; that in some States the people are many, and digesting a plan for supplying such dein others they are few, that therefore their fects as may be discovered to exist, will be entivote here should be proportioned to the num- tied to apreference, from considerations which bers from whom it comes." will occur without being particularized." On page 77, Dr. Rush says: And Congress, accordingly, on the 2st. of " Were it possible to collect the whole body February, 1787, adopted the following resoof the people to~;ether, they would determine lution, 1 Elliott, 120: the questions submitted to them by their ma- "Resolved, That in the opinion of Congress jority. Why should not the same majority it is expedient that, on the second Monday in decide xx hen voting by. their representatives?" May. next, a Convention of Delegates, who And then look at these articles of confeder- shall have been appointed by the several States, ation and see what they were, and tell me if be held at Philadelphia for the sole and exeven under thenm the States were the sover- press purpose of revising the articles of coneigns of the confederation they made. So far federation, and reporting to Congress and the from this being the. case, we all know that several. Lecislatures such alterations and proall the powers exercised by the sovereign visions therein as shall, when agreed to in States were expressly given to the United C.ongress, and confirmed by the States, renStates in Congress assembled, and prohibited der the Federal Constitution adequate to the to the States. No State under the articles of exigencies of. Government and the preservaconfederation could send or receive an em- tion of the Union." bassy, or make a treaty, or lay imposts or The object then, as will be seen, in calling duties, or keep any vessel of war or army in a Convention, was, not to frame a new t.ontime of peace.. The United States had the stitution, but to remodel the. old articles of sole and exclusive power to determine on confederation, to supply its defects, and to peace or war; to regulate the value of coin, render the Constitution:adequate to the exithe standard of weights and measures; and gencies of the Government, and the preservaby the 13th section of the articles of confed- tion, not the destruction, of the Union. That eration, each State was to abide by the de- this is true, can be seen: by reference to the termination of the United States; and the credentials of the members or delegates elected union thus formed was to be perpetual. And to the Federal Convention, which may be yet, gentlemen tell us that the States retained found at page 125, 1 Elliott. And. gentletheir sovereignty, when it is plain that they men will there see that the credentials of the parted with all the attributes of sovereignty, different members sent to that Convention goes even under the articles of confederation, on to say, in substance, (I select Vermont as This I think disposes of my first proposition. an instance): 405 -: And whereas the limited powers, which, language and no authority that could conby the articles of confederation, are vested in *vince them to the contrary. Look over the the Congress of the United States, have been debates of tlie State Conventions that adopted found farinadequate to the enlarged purposes this Constitution. I have them here, but which they were intended to produce, and do not intend to read from them all, but whereas Congress hath, by repeated and most merely to give gentlemen the authorities urgent representations, endeavored toawaken upon which I rely to show that the very this; and other States of the Union, to a sense men who adopted this Constitution, and of the truly critical and alarming situation the very people who sent their delegates in which they may inevitably be involved, to the t onvention that framed this Constituunless timely measures be taken to enlarge tion, did not regard it as a compact. The the powers of Congress, that they may be very objections that were urged by men opthereby enabled to avert'the dangers. which posed' to'the adoption of this Constitution threaten our existence as a free and indepen- were solely and exclusively upon the ground dent people; and whereas thisState hath been that it was a government of the people, and ever desirous to act upon the liberal system of M not of the States; that it was a government the general good of the United States, with- that emanated from the people, and with out circumscribing its views to the narrow which State sovereignty had nothing to do. and selfish objects of partial convenience; and How was it with -Patrick Henry, that great has been at all times ready to make every con- and good man, who perhaps had more to do c ssion, to the safety and happiness of the with bringing on the war of the revolution whole, which justice and sound policy could ithan any other man of his day? He fought indicate;" the British lion, and fought it bravely and And then they go on to appoint their dep- well'; and his eloquence'reached from one uties to meet in the general Convention to re- end of this country to the other, and kindled model l the old Constitutionn. e fires of patriotism in the bosom of every Now, sir, allow me to ask gentlemen upon true American. But as soon as the revoluthe other side of this H-louse, what is this Con- tionary war was over, and our liberties had stitution framed in that Convention? Gen- been achieved, and a more perfect union was tlemen tell us it was framed by sovereign and to be formed by the States, wlien the Convenindependent States. I say it was framed by tion met in Virginia to rati(y this Constitution, the sovereign and independent people, not of what did Patrick Henry say? At page 22, one State, but of'li the States; not'acting vol. 3, Elliott's Debates, will be found what in their sovereign capacity as States, but as a he said, when speaking of the men who framed whole people-the same people that formed the Constitution. the Constitution of the United States. Who "' I have the highest veneration for those but the people had the inherent and unaliena- gentlemen; but, sir, give me leave to demand, ble right to form one grand national Govern- 1what right had they to say, lW'e, the people 2 ment, for the good of the whole people, as My political curiosity, exclusive of my anxthey had the power to form local State gov- ious solicitude for the public welfare, leads ernments, for the regulation of their own do- me to ask, who authorized them to speak the mestic Concerns, since they, the people, were language, le, the people, instead of, WT'e, the the framers'of both? The Constitution was IStates? States are the characteristics and an organic law; it speaks in the name of the the soul of a confederation. If the States be people; it was ordained and established by not the agents of this compact, it must be the people of the whole land, acting through one great, consolidated, national government conventions of delegates, chosen expressly for of the people of all the States. I have the that purpose by the people of each State, and Ihighest respect for those gentlemen who independent of State governments. It was formed the Convention, and were some of not drawn up by States; it was not prom'ul- them not here, I would express some testimogated in their names, nor was it ratified by nial of esteem for them. America had on a them, former occasion put the utmost confidence in Gentlemen say it is a compact. flow? A them.-a confidence which was well placed; compact is an agreement between two or and I am sure, sir, I would give up anything more parties Where can you find two par- to them; I would cheerfully confide in them ties to this Constitu tion? There is but one as my representasives. But, sir, on this occaparty mentioned in the whole instrument, sion I would demand the cause of their con-'"the people." How could the people, duct." acting a.s one man, make a compact with And at page 24 will be found the remarks themselves'? Allow me to refer gentlemen to of Gov. Randolph, who, in rendering an acthe words and the arguments used by the count of his stewardship, thus replies to Patmen who adopted' this Constitution, and if rick Henry: they are not convinced by those authorities " I corhe not to apologise to any individual that this is not a compact, then all I have to within these walls, to the Convention as. a say is, that, like Ephraim of' old, " they are body, or even to my fellow citizens at large. joined to their idols," and there is no Having obeyed the impulse of duty, having 406 shtisfied my conscience, and, I trust, my God, ton, at page 37, and further remarks of Mr. I shall appeal to no other tribunal; nor do I Lee, at page 42. And, by reference to the come a candidate for popularity; my manner debates of the Convention of Pennsylvania, of life has never yet betrayed such a desire. and indeed those of every other State that The highest honors and emoluments of this adopted the Federal Constitution, it will be commonwealth are a poor compensation for found that every man who opposed that Conthe surrender of personal independence. The stitution upon the ground of State soverhistory of England, from the revolution, and eignty, opposed itbecause it spoke in the name that of Virginia for more than twenty years of' the people, because it said it had been ordainpast, show the vanity of a hope that general ed by the people, and it was the work of the favor should ever follow the man who, with- people and not of the States. Why, sir, it out partiality or prejudice, praises or disap- will be found that that. great and good paproves the opinions of friends or of foes; Day, triot, Mr. Pinckney, of South Carolina, spoke I might enlarge the field, and declare, from in relation to the Constitution, in language the great volume of human nature itself, that that could not be mistaken. In volume four, to be moderate in politics forbids an ascent to of Elliott's Debates, he goes on to trace this the summit of political fame. But I come subject, as I have traced it, fi'om the time the hither, regardless of allurements, to continue colonies were first instituted, down to the as I have begun; to repeat my earnest endea- Declaration of Independence. He says: vors for a firm, energetic government; to O In that declaration the States are not even enforce my objections to the Constitution and enumerated; but after reciting, in nervous to concur in any practical scheme of amend- language, and with convincing arguments, ments; but I never will assent to any scheme our right to independence, and the tyranny that will operate a dissolution of the Union, which compelled us to assert it, the Declaraor any measure which may lead to it." tion is made in the following words: " We, And then, further on, at pages 28 and 29, therefore, the representatives of the United he says: States of'America, in'General Congress as"The gentleman then proceeds, and in- sembled, appealing to the Supreme Judge of quires why we assumed the language of' We, the world for the rectitude of our intentions, the people.' I ask, why not? The govern- do, in the name and by the authority of the ment is for the people, and the misfortune good people of these colonies, solemnly pubwas, that the people had no agency in the lish and declare, that these United Colonies government before. The Congress had pow- are, and of right ought to be, free and indeer to make peace and war under the old con- pendent States.' The separate independence federation. Granting passports, by the law and individual sovereignty of the several of nations, is annexed to this power; yet States were never thought of by the enlightCongress was reduced to the humiliating con- ened band of patriots who framed this Deditioi of being obliged to send deputies to claration; the several States are not even Virginia to solicit a passport. Notwithstand- Imentioned by name in any part of it: as if it ing the exclusive power of war given to Con- was intended to impress this maxim on Amergress, the second article of the confederation ica, that our freedom and independence arose was interpreted to forbid that body to grant from our union, and that without it, we could a passport for tobacco, which, during the war, neither be free nor independent. Let us, and in pursuance of engagements made at then, consider all attempts to weaken this Little York, was to have been sent into New Union, by maintaining that each State is York. Whalt haron is there in consulting the separately and independent, as a species of people on the construction of a government political heresy, which can never benefit us, by which they ought to be bound? Is it un- but may bring on us the most serious disfair? Is it unjust?. If' the government is to tresses." be binding on the people, are not the people. If the sons of the Revolutionary fathers, in the proper persons to examine its merits or South Carolina, had but followed the noble defects? 1 take this to be one of the least sentiments Mr. Pinckney uttered on that ocand most trivial objections that.will be made casion, then there would have been no occasion to the Constitution; it carries the answer for a long and elaborate discussion of this with itself. In the whole of this business, I doctrine at this time, in the midst of this have acted in the strictestiobedience to the great rebellion, brought on by his children, dictates of my conscience, in discharging because they did not advocate and live up to what I conceive to be my duty to rny coun- the doctrines he there maintained. Yet, Mr. try. I refused my signature, and if the same Jefferson Davis says, with this authority bereasons operated on my mind, I would still fore him, that the Declaration of Indepenrefuse; but as I think that those eight States deuce acknowledged the independence of evewhich have adopted the Constitution will ry separate State as asovereign State, and not not recede, I am a friend to the Union." all the States as united colonies; and the Then, at page 33, are remarks of other gen- gentleman from Prince George's (Mr. Belt) tlemen, which I will not now read. The re- has followed him. I consider that this aumarks of Mr. Lee, at page 33, of it. Pendle- thority, if there were no others, would prove 407 the utter falsity of that position. But there more of the said States, shall be deemed are other authorities. treason, or punished as such; but in case of The gentleman from Prince George's (Mr. war being levied by one or more of the States Clarke) refers to the letter of Luther Martin, but against the United States, the conduct of he read from one part of that letter only, and of each party towards the other, and their did not read from all parts of it. Why, sir, adherents respectively, shall be regulated by the very letter of Luther Martin, to which he the laws of war and of nations." refers, and which will be found at page 382, "But this provision was not adopted, being Elliott's Debates, vol. 1, proves just exactly too much opposed to the great object of many the contrary to what the gentleman asserted of the leading members of the Convention, it to prove, in relation to State sovereignty. which was, by all means, to leave the States And there was no man, of those in the Con- at the mercy of the General Government, vention that fiamed the Constitution, who since they could not succeed in their immeopposed its adoption with more bitterness and diate and entire abolition." more vindictive hate than Luther Martin. Now, I contend that Luther Martin is a Ie followed it up into the hall of the General good authority in support of this proposition Assembly of Maryland, where was assembled that gentlemen want to break down, that the the Convention of the people of Maryland, allegiance of every citizen of Maryland is that adopted this Constitution, with a long paramount to the Government of the United and elaborate argument to prove its utter States, before any allegiance to his own State. worthlessness in relation to the different de- I might show, if it was necessary, that the partments of the government which that very gentleman, (lMr. Chambers,) who drew Constitution established. See what he says up the report of the minority of the Commitin relation to the clause in the Constitution tee on the Declaration of Rights, was just in reference to treason. about as good anti-States' rights man as I " By the third section of this article. it is am, while in the last Constitutional Convendeclared that treason against the United States tion, the one that met in 1850. By referring shall consist in levying war against them, or to pages 469 and 470 of the second volume in adhering to their enemies, giving them aid of the debates of that Convention, it will be and comfort. found, while discussing the question of the " By the principles of the American Revo- selection of judges by the people, and taking lution, arbitrary power may, and ought to be away their appointment fiom the Governor, resisted even by arms, if necessary.'The this question of sovereignty came up. And time may cqme when it shall be the duty of a Judge Chambers then said: State, in order to preserve itself from the op- "The sovereign power ot'the people would pression of the General Government, to have be embodied whenever action was to be had, recourse to the sword; in which case, the and neither Constitution nor law would exproposed form of government declares that ist or oppose their sovereign will. That will the State, and every one of its citizens who would be Constitution and law above all reacts under its authority, are guilty of a direct straint; and include in itself, legislative, exact of treason; reducing, by this provision, ecutive, and judicial authority. Sir, is this the different States to this alternative, that theory attractive which yields results so full they must tamely and passively yield to des- of mischief? But fortunately, it is as impotism, or their citizens must oppose it at the practicable as it is umischievous.'' The Govhazard of the halter, if unsuccessful; and ernment of the United States "-that is the reducing the citizen of the State which shall phrase they quibble on now-" the Governtake arms to a situation in which they must ment of the United States originates from the be exposed to punishment, let them act as they supreme sovereign power of the people of the will, since, if they obey the authority of their United States. They are as supreme and sovState government they will be guilty of trea- ereign in relation to that Government as the son against the United States; if they join people of Maryland are in relation to our the General Government, they will be guilty State government.'i'here is as much moral of treason against their own State." and political propriety in respecting their Then he goes on to say: rights, as there is in respecting the rights of " To save the citizens of the respective States the people of sMTaryland." from this disagreeable dilemma, and to secure Then, at page 261 of the same volume, in them from being punishable as traitors to the relation to the election of members of ConUnited States, when acting expressly in obe- gress, and the inserting a provision in the dience to the authority of their own State, I Constitution requiring that one of the United wished to have obtained, as an amendment to States Senators should be taken from the the third section of this article, the following eastern shore, and the other fiom the western clause: shore, Judge Chamrbers opposed it, on the " Provided, That no act or acts done by ground that it was in conflict with the Conone or more of the States against the United stitution of the United States. He says: States,- or by any citizen of any one of the I "As to this matter, the Legislature is not United States, under the authority of one or the creature of this Convention. It derives 408 noopower or authority whatever on this sub- tution of the United States, and his interpreject from this Convention, or from the people tation was that he had sworn allegiance to it, who gave us our authority.: It is, on the and that that allegiance was paramount to contrary, in this resplect, exclusively the the allegiance that he owed to the Constitucreature of the Constitution of the United tion and laws of the State of Maryland. States; or rather of the people of the United I would also refer gentlemen to the eighth States, by whom that Constitution *was and tenth -sections of the first article of the framed. Again,:the members of the Legis- Constitution of the United States, where they lature will be; bound, by the solemnities of will find that powers of sovereignty were an oath, to respect the Constitution of the taken from the States and given to the GenUnited States as the supreme law of this eral Government. It is not necessary for me State, as it is of all the States; and if any to enumerate those powers. Every single provision in that law should conflict with, power of sovereignty that could be exercised and oppose our code, it will repeal the enact- by a sovereign people were taken directly by ment: of any State authority and render the people themselves, and, transferred to it void and of no effect-of no effect to im- another government which they had formed, pose any political or any moral obligation on giving that new government the exclusive members of the Legislature to respect it. I right to exercise those powers, and taking have therefore, sir, come to the conclusion those powers directly from themselves. that we have no authority to adopt the propo- But, let us suppose the Constitution to be sition now before the Convention."' a mere compact between the States, as genMr. DANIErL. He was a whig then. tlemen say it is. What then? Ilas any -Mr. TuoMAs. So he was, and refers to State the right to break or dissolve that comDaniel Webster in his speech, and compli- pact? Is not a compact made for posterity ments Mr. Webster on his great speech and to endure forever? And how can it be against States' rights in 1833. On page 271, contended that any-one State has the right or Judge Chambers says: the power to abrogate or annul that compact "'To proceed, then, I have again to ex- atpleasure? Does thecompact contain within press my regret at the introduction of itself any power for its own destruction? this question, It is calculated to place Are not parties to the compact bound by the some of us in -a false position, by the appear- terms of the compact? The word " compact " ance of not enforcing a practice which we ap- is mentioned but once in the Constitution, prove. Believing, as I do, that to adopt this and that is where it says, " no State shall provision would violate the Constitution of make a compact with another State." And the United States, I feel bound in candor to yet gentlemen say the States are sovereign. say so. That Constitution, in the name of Gentlemen will find what I have stated by the people of the United States, by whose al- reference to section ten, article one, of the thority it was made, has delegated to the Constitution of the United States. The:comStates, as States, certain powers, amongst pact defines treason. Have any of the parties which this of electing Senators is one." The to the compact the right to commit treason? Constitution then delegated to the States, And suppose they do, (as they have done,) not the States to the Constitution. have not the remaining parties to the compact On page 287, he says further: the right to compel obedience to the terms of " If the Constitution of the United States the compact? The compact makes the Conforbids the exercise of the power we are now stitution and laws of the United States suasked to exercise, we are bound to refrain. preme. Suppose a State makes a law that It is the supreme law of the land, overriding conflicts with and nullifies a law of Congress; our own Constitution and laws, and we have have not the remaining parties to the compact all of us on some occasions solemnly appealed the right to enforce a compliance with its to the Searcher of all hearts to witness our terms? Why, sir, the compact itself, to say deliberate purpose to obey and respect it. nothing'of the inherent right of every nation Now, sir, I am at a loss to comprehend how, to sustain and preserve its own existence, in a question whether we shall incorporate in gives to Congress all necessary powers to the Constitution a provision contrary to the carry into effect all powers vested by that Constitution of the United States, any prin- compact in the United States. Yes, sir, comciple of self-defence is involved. Is an ag- pact as they say it is, it strips the States of gression upon the supreme law to be regarded all sovereignty. -in any way as self-defence? I believe the I: understood the gentleman from Prince provision utterly at variance with the law to George's, (M0{r. Belt,) to say that the Governwhich l have sworn allegiance; can I violate ment had no power to coerce a State. Does that oath, and, burden my conscience with the the gentleman forget that in the articles of deep stain of false swearing, because that confederation there was a power to coerce, ~gentleman, or any other, chooses to think it and Thomas Jefferson so said? If there is no desirable for some supposed political advan- power to coerce, what did Luther Martin tageT'?" mean when he said that in case a State deemed Now, he had sworn to support the Consti- it proper to have recourse to the sword to 409 protect itself against the General Government Maryland decitizenize that citizen? Certainly " every one of the citizens acting under the not. There is a provision in our code allowauthority of the State would be guilty of ing foreigners to hold property in this State; treason?" If there was no power to coerce, but a further provision of that law says that why was it that General Washington put before a foreigner can hold real estate in the down the whiskey rebellion in Pennsylvania, State of Mlaryland he must at least have dein 1798, by force of arms? If there was no dared his intention to becot-me a citizen of the power to coerce, why was it that General United States. Still that citizen,, it is said, Jackson registered on High his oath that the owes his first obedience to the State of MaryUnion should be preserved, and compelled land, and not his paramount allegiance to the South Carolina to humble itself in the dust, Government of the United States. If that be and comply with the terms of the compact? so, then I would ask to whom is this paraThe gentlemen forget that when in Boston mount allegiance or obedience due? To the aforetime a figitive slave was to be re- power that makes him a citizen, that confers claimed, they thought the General Govern- upon him all the right of citizenship, and ment had the power of coercion to compel without whose authority he cannot exercise the State to comply with the terms of the the rights of a citizen, or to that subordinate compact. power which ean neither make him a'citizen The PRESIDENT. The gentleman's time is in the first place, or decitizenize him when up. once made a citizen? Is it due to the power On motion of Mr. JONES,%fO Somerset, time which protects you when abroad, the ample was granted to Mr. Thomas to conclude his folds of whose flag spreads from the rising to remarks. the setting of the sun, as a shield to defend Mr. THOMAS. I have but a few more re- you from all harm, or is it due to a State that marks to make. Allow me to adduce a few is hardly known beyond the limits of this authorities to show that the paramount nille- country, and to a flag whose escutcheon not glance of every citizen is due to the United ten men in s hundred could ever recognize? States; I do not intend to read them, but Is your allegiance due to that government merely to refer to them so that gentlemen that was in its origin but thirteen feeble will examine them. The Constitution of the States, and that has now increased to thirtyUnited States says so in so many words. The five powerful States, stretching from ocean to framers of the Constitution said so. The Su- ocean, and which has been the pride, the glory, preme Courtof the United States, for which and the hope of the world; or is it due to gentlemen have such reverence, says so. The that narrow, contracted and feeble power that Constitution and the Court of Appeals of our would assert the right to destroy. the governown State say so. I refer gentlemen to the ment whenever in its whims it might see fit? case of McCullough vs. State of Maryland, to The gentleman fiom Prince George's (Mr. be found in 4 Wharton, 400; 1 Wharton, Belt) has said that the country was ruined 825; and 3 Gill's Reports, 13. The case in and distracted. How has it been ruined, I Wharton is a most remarkable case. It would ask him? If the rebel States that are goes on to discuss this whole doctrine, the noxv waging war against the people of the Supreme Court of the United States saying United States had but been true to their alle-. in so many words that the Constitution was glance, and given paramount obedience to the not onlyv ordained by the people, but that it General Government rather than to the States, was not a compact; and that every citizen then there would have been no war; then owes a paramount allegiance to that Consti- there would have been no occasion for vast tution, regardless of the Constitution and armies, iron-clad navies, and heavy taxes; laws of any State in the Union. then our midnight slumbers would not have I would ask gentlemen to whom is alle- been disturbed by the call to arms; then our giance due, if not to the government of the brothers and friends and countrymen would country? If gentlemen will refer to the first not have been slain on the battle-field, nor artitle of the Constitution of Maryland, in the red torch of war have laid waste fields, relation to citizenship, they will find a citizen once gladdened by the golden sheafs of an cannot exercise the right of elective franchise ample harvest, now the sepulchre for the in the State of laryliand unless he first be a bleached bones of many a noble patriot.citizen of the United States. What does that Then the nation would not have been called m an? It means that if he is not a citizen upon to mourn the loss of so much blood, of of the United States in the first place, he has so many noble spirits, whose allegiance to no right of elective franchise in the'State of their country was paramount to life itself. A Maryland. The United States then confers country ruined and distracted! well might the right of citizenship. To whom, then, is the gentleman say so; but whilst he was deallegiance due-to the power that makes the scribing the "howling wilderness" between citizen, or to the power that can neither make the Potomac and the Rapidan, why did he not nor unmake a citizen? When the Govern- think to cast his eve to Kentucky, Tennessee ment of the United States makes a man a and Missouri? Why did he not think of his citizen, can the Government of the State of own native State, and wander to South Moun27 410 tain and to Antietam and find out what rav- her all her weapons of defence The ship ages the traitorous horde, who are the expo- itself had been traitorously delivered up to nentsof his views, have done? No; the gen- their keeping, and not long would it have tleman stopped on the Rapidan —and well he been before it reached that vortex of destrucmight, for traitors have been holding high tion that would have swallowed up and forcarnival in that region of late; men who ad- ever buried in the deep waters of oblivion this vocate the very same doctrine that is advo- mighty people. But Abrabam Lincoln seized cated here, the right of a State to break up hold of the helm, with a determined will, and this Union and enter into a magnificent rebel- an honest purpose, to rescue the Constitution lion, accompanied by bloodshed and death. and the country from the impending danger, The gentleman also refers, in the most pa- regardless of what the consequence might be thetic language, to the defenceless women oc- to himself. His life was threatened, and concasioned by this war. Sir, I have as much spiracies were even formed to murder him in reverence for the character of women as any cold-blood, and it is too fresh upon the minds man, and I would go as far to protect and of MIarylanders, at least, how he escaped from defend them. But does not the gentleman the toils of his would-be assassins. His treasknow that the most bitter, vindictive foes to ury had been robbed, his army scattered, his this government are the secesh women? Does navy sent to the uttermost parts of the earth, he not know that shielding themselves behind his munitions of war distributed to such of their feminine helplessness, they have taken the traitors as would join in the unholy' advantage of the respect and esteem, and even league; and, in fact, he tbiind himself put in devotion which every well-bred American en- possession of a Government by name, and tertains for their character, and ofttimes un- almost without any of its attributes, save the der the garb of friendship have obtained love, the might and the loyalty of the people, information, more than once, that has been and the resources of the land. used against our country? And yet the govern- For three, nearly four, years has civil war ment has abused thepoor women! Why, sir, been raging. Almost one million of men women have become spies in this war, have have poured out their life's blool like water, been caught within our lines with maps and to defend and uphold this Government. The plans of our fortifications, and the numbers spots that mark their resting places, can be and dispositions of our troops, upon their counted from the Potomac to the Gulf: and persons. They have been arrested for carry- still the war rages! Is' Abraham Lincoln reing rebel mails, (not males,) and yet this kind, sponsible for it? Are not the men who adhumane,long suffering government has merely vocate the same doctrine as the gentleman arrested them and confined them to keep them from Prince George's, Oanenable to the venout of harm's way, instead of being commit- geance of God and the laws of man for all ted to the doom which every woman as well this sacrifice of life-this out-pouring of the as every man deserves when caught in the act blood of the nation, this expenditure of treasof treason. No, sir, war is no place for wo- ure, this desolation of once happy States? man. Her duty is at home, around the do- There have been arrests, but not half enough; mestic circle, to purify the heart, to cheer and traitors have been caught, but not punished comfort it. Her duty in days like these Is in as they deserved to be. The habeas co?2pus the hospital' beside the couch of the wounded, has been suspended; and should have never ministering like an angel to the comfort oi had an existence, when applied to screen a the soldier, and smoothing his pillow for a traitor from his just doom. The Government peaceful rest and an easy death. Let woman has not been harsh enough; it has dealt, and Seek to be good but aim not to be reat, is dealing, too lightly with those who have "A woman's nobkest station is retreat o taken'up arms to destroy it and us. Sympa-''A woman's noblest station is retreat; thy and a God-speed the rebel cause can even " Her fairest virtues fly from public sight. thy and aGod-speed the rebel cause can even Domestic worth-that shuns too strong a be express'ed by members of this House, and ( l- ogeht.) "orth —tha shuns too strong yet no notice is taken of it. No wonder the light.". gentleman said we had been living as though The gentleman has also referred, in no un- we had no government, for the reason that ambiguous language, to President Lincoln; we never felt any of its rigor, but had always and has characterized his acts as oppressive partaken of its beneficent protection and bounand tyrannical; and said that the people of ty. We are partaking of that protection and Maryland were now groaning under a system that bounty now. Maryland is this day the of petty despotisms on the part of' irrespon- Paradise of the border slave States. Why? sible officers, vested with a little brief author- Not because traitors would have her so; not ity. Sir, I do not propose to be the apologist, because sympathy with traitors would wish it nor the eulogist, of Abraham Lincoln. Elected so. But because the strong arm of the Govby a majority of the people of the United States, erminent has been and is now exerted to dehe took the helm of State at a time when our fend us from the assaults of traitors outside good old ship was in' the hands of a band of of the State, and treason that skulks and pirates, who had stripped her of everything works in the dark, because it dare not show that was valuable, and had taken away from its head inside of the State. Gentlemen can 411 carp at the acts of this government, talk of graph poles, Governor Hicks raised up his its corruption and oppression, and say that hands and said-"' Miy God! gentlemen, what we should recognize the Southern Confederacy is it you have done? 1 have given no such which would break up and destroy this na- orders. There were gentlemen present here, tion, and which, in itself is treason, and when lMVr. McLane and Mr. Yellott came in yet no arrests, no notice is taken of it by the here, and they heard what my opinions were government. I say that a government that on that subject. You have done it on your is so humane, so kind, should at least receive own responsibility." And not only was I the honest support in words, if not in deeds, there, but other gentlemen were there, who of every man in Maryland. will testify to these facts and vindicate the But the gentleman from Prince George's character of Governor Hicks. (MNr. Clarke) says that he is a good Union No, sir; he never consented to those acts. man, and that had not Gov. Hicks been at the They took possession of the old man; they head of State affairs in 1861, this war would threatened his life. I heard men in my own have been avoided Of course the gentleman presence say, and I told Governor Hicks of is a good Union man, so is every other gentle- it-" That if the damned old scoundrel went man of the opposition who voted against a out in Monument Square that afternoon to vote of thanks to General Grant and our make a speech they would send a bullet Maryland soldiers. The rebels never achieve through his heart." Governor Hicks said, a victory but that the gentlemen are sad, sor- when he was told of that —' Gentlemen, if I rowful and dejected; and when they are de- can save the State from civil war and further feated by our victorious and brave armies, bloodshed by going to Monument Square, I they are always halt beside themselves for joy! shall do so. I am an old man; I have enovow can they help being good Union men? deavored to save my State from civil war; I If the oath they have taken, to entitle them to have kept back the remonstrances and petiseats in this Convention, does not make them tions sent by rebels from nearly every town good Union men, then there is no panacea for in the State, for a meeting of the Legislature. their disease. And as for Gov. Hicks hav- I think I have done my duty heretofore, and ing been the cause of this war, and the charge if need be I am ready to die in Monument that if he had not been at the head of affairs in Square, or anywhere, to save my State." 1861, the country, by a wise and vigorous [Great applause fiom members of the Conpolicy, might have been saved, I would ask vention.] the gentleman if he knows the record of Gov. Had that Legislature ever met in Baltimore Hicks? Is he acquainted with the history of city, Maryland would this day have been a 1861? Does he know who took the control scene of desolation and bloodshed, a hissing of this State on the 19th of April, 1861; who and a by-word, just as Virginia is to-day. raised troops to hurl back "'the Northern But Governor Hicks called the Legislature horde," advancing to protect the Capital of together at Frederick city, and that was the our country; who blocked the port of Balti- salvation of this State, because but for the inmore, and laid an embargo, and restricted fluence of the loyal people thlere, Maryland trade, and levied contributions on the people, would this day have been out of the Union. and took possession of Gov. Hicks, and threat- Let gentlemen look at the record made by ened his life, because he would not consent to these "good Union men " of svhbom thl burn down bridges, tear up railroad tracks, speak, who, if they had been put in the same and uproot telegraph polls? Does he know position that Governor Hicks held, would who did all this? not only have saved the State of Maryland, Mr. CLARKE. Governor Hicks signed tle but have kept all the States together. It order. does seem to me that when gentlemen make Mr. THOMAS. No, sir; never. I state tt as a assertions of that kind, they must either prefact, for on the morning of the 20th.of April sume that the majority of the members of this I was present in the office of Mayor Brown- Convention are utterly ignorant of the hisfor they had taken possession of Governor tory of their State, or that they have not got Hicks and carried him bodily from the the nerve to stand up here and speak their Fountain Hotel to the private office of Mayor honest sentiments. Brown-I was present when Coleman Yellott, The party in power ia 1861, having the Robert L. McLane and others of that ilk, disposition to save this State, or to reconcile came in, and asked Governor Hicks to sign matters? Why, sir, I hold in my hand a the order for the burning of the railroad hook which I have always regarded and bridges, and destruction of the tracks and called "the Book of Treason," compiled by telegraphs. - Governor Hicks refused, and those men who were in authority in 1861, told them that so far as he was concerned, al- and who took bodily possession of Governor though he had no authority, he would do all Hicks; the men who called the Legislature he could to prevent it. And when General together, and who were ready with their Charles Edgerton came in and told Governor bills of safety, and their militia bills, to put Hicks that he had just given orders to tear the State of Maryland into the hands of a up the railroad tracks and cut down the tele- self-constituted revolutionary committee, that. 412 was to have the exclusive control over the federate States of the South?" Why, sir, it military authorities of the State, and thereby is a notorious fact, known to those men at carry her out by force of arms, whether her the time they drew up this resolution, that people wanted to go or not, just as their Jeff. Davis by his proclamation had separated brethren did in Virginia and Tennessee. himself as the head of the Confederate GovThat Legislature, so very loyal, even aimed ernment from the Federal Government; and to impeach Governor Hicks, because he signed the rebels at Charleston, South Carolina, had the order requiring all the arms to be taken declared war against the Federal Governfrom the militia.of the State whom he knew ment by firing at Fort Sumter, and the rebels to be disloyal, and delivered up to the Gen- in all the Gulf States had stolen whatever eral Government. And there were but three property of the Government they could lay men found in that Legislature who would their hands upon. stand up at that time-to their honor be it Then comes this resolution: said, and I shall love them and their memory " Resolved, That the State of Maryland'"as long as I have a recollection that I am a Speaking in the name of the whole State Marylander-that could be found to sign a of Maryland; now, I was one of the leople report vindicating Governor Hicks from the I of Maryland, and I know they did not reprecontumely cast upon him by that would-be sent me. Union Legislature. I refer to Mr. -----—, "Resolved, That the State of Maryland dethe member froil Carroll here, (Mr. Smith,) sires the peaceful and immediate recognition [applause,] and Mr. Goldsborough. of the Confederate States, and hereby gives And it is rather remarkably and decidedly her cordial assent thereunto, as a member of rich to look over this document, (La:ws of jthe Union; entertaining the profound con1861,) and see what the Legislature did, and viction that the willing return of the Southhow strenuously they endeavored to keep ern people to their former federal relation is a Maryland in the Union. And it is astonish- thing beyond hope, and that the attempt to ing their endeavors did not have more success coerce them will only add slaughter and hate than they had, for the Lord knotws they to impossibility." worked hard enough to keep Maryland in And yet thesearethemenwho, if Governor the position they then occupied. Here is a Hicks had beeii out of the way, would not resolve passed by the Senate and House of only have saved the State of Maryland, but Delegates at that tinle, when they had control have produced a reconciliation between the of everything, showing the status of these North and the South, and once more have'4peace" men, these "Union" men, who knit these States into a friaternal bond of would have preserved the Union if they could everlasting Union. Upon that resolution -and had they have had the disposition! they sent commissioners to the State of Vir"' Whereas, The people of Marylaid while ginia, in relation to some raids that had been recognizing the obligation of their State, as committed by some of the Confederate troops a member of the Union," [something like the into Maryland. And Mr. Horsey goes to language of the report of the minority of the Richmond, and not only sees Mr. Jefferson Committee on the Declaration of Rights,] Davis, but Mr. Letcher, and Mr. Letcher "'to submit in good faith to the exercise of i makes this promise, which I want gentlemen al the legal and constitutional powers of the to recollect, because after the war is over, I Grileral Government, and to join as one man want the gentlemen of the minority to hold in fighting its authorized battles, do reverence, Mr. Letcher to his promise, and hold the nevertheless, the great American principle of State of Virginia to her promise, for herein self-government, and sympathize deeply with lies the indemnity Mwhich they are to receive their Southern brethren in their noble and for the losses they have sustained growing' manly determination to uphold and defend out of this rebellion. Here is Mr. Horsey's the same." I report to the General Assembly of Maryland: That is, to break up the Union.' That as soon as he had investigated all I'Resolved, by the General Assembly of the complaints he returned to Richmond, and Maryland, That the State of Maryland owes reached there on Wednesday, the 29th ultimo, it to her own self-respect, and her respect for when the authorities were engaged in the the Constitution, not less than to her deepest pressing deuties arising from their reception and most honorable sympathies, to register of the President and Government of the Conthis, her solemn protest,'against the war federate States of America. That, on the which the Federal Government has declared evening of the 30th, he had a short interview upon the Confederate States of the South, with Governor Letcher, and brought to his and our sister an'd neighbor, Virginia, [was notice the object of his mission', and the this true?] and to announce her resolute de- specific acts of aggression complained of, in termination to have no part or lot, directly the entrance upon our soil of the troops of,or indirectly, in its prosecution." Virginia Now, whoever heard, before this resolu "The Governor was understood to say tion was passed, that the Federal Govern- that he would apply to the commanding ofmeat had ever declared war on "the Con- ficer at Harper's Ferry for information on the 413 subject, and be prepared to reply more fully tion if it had not have been for Gov. Hicks; when the report of that officer was received; but he nobly came forward and wrested the but he begged me to convey to your honora- arms from their hands, and they could only ble body the distinct and earnest assurance, enlist their hearts. King Davis goes on to say: that it, at any time, the military forces of "'The people of these Confederate States, Virginia should trespass or temporarily oc- notwithstanding their separation from their cupy the soil of Maryland, it could only be latesister, have not ceased to feel a deep sojustified by the pressing exigency of a mili- licitude in her weltare. and to hope that, at tary necessity, in defence and protection of no distant day, a State whose people, habits her own soil from threatened or actual inva- and institutions are so closely related and assion, and certainly with no hostile intent to- similated with theirs, will seek to unite her wards the citizens of the State of Maryland, fate and fortunes with those of this Conand that any and all damages to persons or federacy." property, consequent upon such occupation, Poor Jeff. Davis! how prophetic were his should be fully and liberally compensated hopes! It is known to everybody in the for." State of Maryland, how the people acted, who Then follows a letter from Mr. Jefferson at that time sympathized with Jeff. Davis, and Davis, to that body, that wanted so much to who at this time are so much in favor of helppreserve the Union, in which King Davis ing the Southern Confederacy out of its diffisends his congratulations to the "Union " culties. When the first raid was made into men of Maryland for the sympathy which Maryland, there was, of course, hardly a secesTHaY felt for him, and Gen. Thos. J. McKaig, sion man from St. Mary's to Allegany county, (a gentleman for whom I have always had the but flocked to the standard of Jeff. Davis, and highest respect, and with whom I studied tried to make good this profession. But was law, and I think a PERFECT gentleman; but that so? The fact is, that when Jeff. Davis, who has been in the fort once more than he or rather his general, Lee, came to Frederick ought to have been,) in his report to the Gen- City, and his troops commenced singing "My eral Assembly says: Maryland," and invited those who sympa"Your committee, in performance of their thized with the South to rally under their mission, proceededto Montgomery, Alabama, standard, as Bradley Johnson said they and were there received by the President of would do, I do not believe half a dozen men the Confederate Government, a majority of came to that standard, but they staid away, the Cabinet being present, with a frank cor- a great deal more frightened than the Union diality and that consideration due to the re- people were. I assert it as a fact, that when presentatives of the sovereign State of Mary- that first raid was made, the men who most land. In answer to the resolutions thus pre- deeply sympathized in the rebellion were the sented, the President of the Confederate States men who most devoutly wished that Lee and caused to be delivered to your committee the his force would get out of the State of Marypaper accompanying and made part of this land. That is a fact; it may not be historireport." cal, but it is the fact, nevertheless. I can imagine the gentleman, when he stood I am much obliged to the Convention for in the capitol of the Southern Confedieracy, their courtesy in extending my time. In conand received from King Jeff. Davis this letter, clusion I would ask gentlemen who come after and all the high-toned dignity he must have me to answer the argument I have endeavored assumed-for he was a big man-when that to adduce in favor of the three propositions letter was handed him, and the gentleman which I started out to prove, and which I told me about his trip back to Richmond, think I have satisfactorily made out. And over Ehe railroad, in the company of Beaure- also to answer the historical facts I have regard, and that when a crowd in a little town ferred to in this work, (Journal of 1861,) in in North Carolina called on Beauregard to regard to the status of Maryland, and whether make them a speech, he called upon Mr. - the men who were then in power would have to reply; and he said that although he was saved the State of Maryland, if' they could, very much inclined to make them a speech, and have brought back peace to the then disyet inasmuch as he was sent by the State of tracted country, if they had had the power. Maryland as a peace commissioner, he could I thinlk I have proved every proposition I not make a speech for a General. Now here started out to prove, and I will now close by is King Davis's letter: thanking the Convention for the attention " I receive with sincere pleasure the assur- they have given me. ance that the State of Maryland sympathizes Mr. SYaIEs. There are a number of genwith the people of these States in their deter- tlemen here who desire to take the accornmomined vindication of the right of self-gov- dation, which leaves the city at two o'clock. ernment, and that the people of Maryland It will not be long enough before that time'are enlisted with their whole hearts on the for any gentleman to submit another arguside of reconciliation and peace.' " ment upon this interesting subject. We all They could not have enlisted anything else. wish to hear everything that is said on this They would have enlisted arms and ammuni- important question, and, therefore, I think 414 we better not enter upon another argument Jones, of Somerset, King, Larsh, Markey, to-day. I therefore move that this Conven- Mitchell, Miller, Morgan, Noble, Nyman, tion do now adjourn. Parran, Peter, Schlosser, Smith, of DorchesThe motion to adjourn was withdrawn at ter, Stockbridge and Valliant-26. the request of — Mr. DANIEL, who moved that when this So the order was adopted. Convention adjourn to-day, it be to meet at Mr. KING. A great many vote for this 12 M., on Monday next. who are absent every afternoon, and I The motion was agreed to. think some action ought to be taken to On motion of Mr. SYIKES- make those attend wlho voted for the evenThe Convention then adjourned to 12 M. on ing session. Monday next. Mr. BARRON. I understand the order to be that there shall be no votes, or amendTHIRTY-FIRST DAY. ments, or anything of that kind. Mr. STOCKBRIDGE. The order does not MONDAY, June 13, 1864. say so. The Convention met at 12 o'clock M. Mr. BARRON. Very well; then we will (Mr. Scott in the chair.) have another order and try that on. A Prayer by the Rev. Mr. Patterson. great many gentlemen want to have their The roll was called and the following votes recorded, and that is all they want. I members answered to their names: would like to know where we stand on this Messrs. Abbott, Annan, Audoun, Baker, question. Barron, Bond, Brown, Chambers, Clarke, On motion of Mr. HEB13 Cunningham, Cushing, Dail, Davis, of Ordered, That the use of the Hall be Charles, Davis, of Washington, Denn's, granted to Capt. A. R. Calhoun to deliver Duvall, Earle, Ecker, Farrow, Galloway, a Lecture on "Life in Libby Prison," toGreene, Hatch, Hebb, Hopkins, Horsey, morrow evening. Jones, of Cecil, Jones, of Somerset, Keefer, DECLARATION OF RIGIITS-ALTLEGTANCE. Kennard, King, Larsh, Mace, Markey, Mec- The Convention proceeded to the considComas, Mitchell, Miller, Morgan, Mullikin, eration of the order of the day, being the Negley, Noble, Nyman, Parker, Parran, second reading of the Declaration of Rights. Peter, Pugh, Robinette, Sands, Schlosser, The article under consideration was the Scott, Smith, of Carroll, Smith, of Dorches- following: ter, Smith, of Worcester, Sneary, Stirling, Art. 4. The Constitution of the United Stockbridge, Swope, Sykes, Thruston,Todd, States and the laws made in pursuance Valliant, Wickard and Wooden-61. thereof being the supreme law of the land, The proceedings of Saturday were read every citizen of this State owaes paramount and approved. allegiance to the Constitution and Govern-.Mr. HEBB submitted the following order: ment of the United States, and is not bound Ordered, That until the final vote on the by any law or ordinance of this State in Declaration of Rights shall have been taken, contravention or subversion thereof. the Convention will hold two sessions daily, The pending question was the amendbeginning at 10 o'clock A. M. and 4~ ment of Mr. BRISCOE, to strike out the o'clock P. M. word "paramount" in the fourth line. Mr. HEBB demanded the yeas and nays, Mr. AUI)OUN. We have occupied conand they were ordered. siderable time in this Convention with the The question being taken the result was- discussion of this article; more than I think yeas 33, nays 26, as follows: there was any necessity for; more, I am Yeas-Messrs. Abbott, Annan, Baker, satisfied, than the people who sent us here Cushing, Davis, of Washington, Earle, would be wiiling that we should devote to Ecker, Farrow, Galloway, Greene, Hebb, any one article. I should like to know of Hopkins, Jones, of Cecil, Keefer, Kennzard, the majority in this Convention what adMace, McComas, Mullikin, Negley, Parker, vantage there is in occupying so much time Pugh, Robinette, Scott, Smith, of Carroll, in this discussion. Do they suppose that Smith, of Worcester, Sneary, Stirling, by their arguments they can induce one of Swope, Sykes, Thurston, Todd, Wickard the members of the minority to leave his and Wooden-33. idol? You might just as well undertake Nays-Messrs. Audoun, Barron, Bond, to bail out the Chesapeake Bay with a teaChambers, Cunningham, Dail, Davis, of spoon as to induce them. to forsake their Charles, Dennis, Duvall, Hatch, Horsey, idol. For the purposeof bringing this dis 415 cussion to a close I move the previous ques- men ever offered to bribe Mr. Clay into tion; and upon that motion I call for the consenting to a scheme for the opening of yeas and nays. the African slave-trade, nor dispute with The yeas and nays were ordered. him about the secret history of the annexThe question being taken the result was, ation of Texas. Neither shall I imitate the yeas 16, nays 45, as follows: gentleman from Washington by heaping Yeas —Messrs. Abbott, Annan, Audoun, harsh epithets upon the men who now adBaker, Davis, of Washington, Ecker, Hatch, minister or at any past time have adminisHopkins, Jones, of Cecil, McComas, Mulli- tered the General Government, nor shall I kin, Noble, Nyman, Robinette, Sneary and enter with the gentleman from Baltimore Swope-16. city into an inquiry whether in this sad war Nays —Messrs. Barron, Bond, Brown, in which the country is now engaged, more Chambers, Cunningbham, Cushing, Dail, cruelty has been practiced by the Federal Davis, of Charles, Dennis, Duvall, Earle, or Confederate armies. All these matters Farrow, Galloway, Greene, Hebb, Horsey, I consider outside of the legitimate and Jones, of Somerset, Keefer, Kennard, King, logical discussion of the subject under conLarsh, Mace, Markey, Mitchell, Miller, sideration. Morgan, Negley, Parker, Parran, Peter, The subject before us, sir, is of the gravest Pugh, Sands, Schlosser, Scott, Smith, of importance, and demands at onr hands Carroll, Smith, of Dorchester, Smith, of cool, calm and dispassionate reasoning. In Worcester, Stirling, Stockbridge, Sykes, it is involved an inquiry into the nature Thruston, Todd, Valliant, Wickard and and character of the system of government Wooden —45. under which we are living. We are here As their names were called, the following to frame a Constitution for the State of Mamembers explained their votes: ryland, a permanent organic law, which is Mr. BARRON. I cannot vote as I would to continue not simply during this terrible wish on this question, because as I have civil strife, but as we hope during better said, I want to hear this question discussed and happier times when the dark cloud of to its full extent. I' would vote to extend war shall have passed away and the blessour sessions from six in the morning until ings of peace be once more restored to us. midnight that every member wishing to We are here considering what relation speak may be accommodated; but upon the people of this State sustain not only to this question I must vote —no, the Constitution, laws and government of Mr. KrNG. I have no objection to closing the United States, but also to the people of the discussion as soon as possible; but I other States, for our action now'on this think the gentleman from Baltimore city question, will not only affect ourselves, but (Mr. Audoun) has not been here to know will inevitably have its influence upon the how far this discussion has gone. If he people of neighboring States. It becomes had been here I think he would have wanted us then to measure well the ground we are to hear it all. I vote —no. standing upon. We must remember that Mr. TuHUSTON. I shall vote in the the instrument we are dealing with is the negative because I think it is due to the Constitution of the United States, and if chairman of trhe committee to close the dis- the step we are now asked to take —this cussion, that he may have an opportunity headlong rush into the vortex of consolidato reply to the arguments upon the other tion, and the total overthrow of State rights side, some of which have been directed al- and State sovereignty-should result, as most personally towards him. I will vote Patrick Henry prophesied it would, in the for the motion when the chairman shall overthrow of American constitutional libhave had an opportunity to express his erty, and the erection upon its ruins of a views. At present I vote-no. despotic or imperial form of government, So the motion for the previous question we cannot justify it to our (consciences, that did not prevail. we did it under the pressure of circumMr. MILLER. This debate has taken stances, and because we could see no other a very'wide range. I do not propose, way out of our present troubles. That nor would the allotted hour permit me to plea will furnish us no justification. We follow gentlemen into all the matter which e no right "to inaugurate a revolution they have seen fit to discuss. I shall not, in order to putdown a rebellion." therefore, debate with the gentleman from I shall now proceed to give as briefly as Howard whether any band of southern I can, the views which I entertain upon 416 this important subject of State rights and erations of national, of State, and of indiState sovereignty, and the relations which vidual welfare," that "the State governthe State and Federal Governments bear to ments should be held secure in their reserved each other in this our American system of rights, and the General Government susrepublican government, and I shallendeavor tained in its constitutional powers." 1 to establish these three propositions: hold, sir, that the States form distinct and 1st. Tlhat the several Colonies, from the independent portions of the general suprelmdate of the Declaration of Independence, acy, in our system of government, and that became, and were sovereign and independ- the States within their respective spheres ent States, and their several and separate are no more subject to the authority of the independence was recoglized not granted by General Governlmenlt, than that governthe treaty of peace between them and the ment is subject to the States within its own British King, of the 3d of September, 1783. sphere. I admit to the fullest extent, that 2d. That the Constitution of the United the Constitution of the United States and States was adopted by the people, not as in- the laws of Congress passed in pursuance dividuals composing one entire nation, but thereof, are the supreme lawvs of the land, as composing the distinct and independent and that anly law or ordinance of any State States to which they separately belonged: in contravention or subversion thereof, is and that, in this sense, each State ratifying null and void, and no cilizenz of any State the Constitution, was considered as a sove- is bound thereby. This is a position that reign body, independent of all others, and would have been equally true if no such only bound by its own voluntary act, and express declaration had been made in the in this sense, when adopted, it became the Constitution itself, for it would have regovernment of the people of the United sulted necessarily from the institution of a States. federal government. But I also hold that 3d. That the Government of the United I the Constitutions of the several States and States thus created by the adoption of this the laws of their several Legislatures passed Constitution, is of a limited character, con- in pursuance of their legitimate powers, are fined to the exercise of powers expressly equally the supreme- law of the several granted, and such as may be necessary States, and that any law or ordinance of and proper for carrying the granted pow- Congress, or of the President, in contraveners into full execution; and that all pow- tion or subversion thereof, is null and void, ers not thus granted or necessarily implied, and that the citizen of the State is not are expressly reserved to the States respec- bound by it. The laws of the United States tively or to the people. are supreme as to their proper constitutional The conclusions which I deduce from these oljects.'he laws of the States are supreme propositions, are opposed both to the doc- in the same way. Neither is paramount or trine of secession as a constitution or re- subodinate to the other, but each is paraserved right in a State or the people of a mount lnd suprene within its appropriate State, and to that other doctrine which I and constitutional sphere of action. And regard as equally dangerous to the consti- hence I holcd that paramount allegia2ce tutional liberty, viz., that we are a people cannot be claimed froml the citizen to the consolidated into one nation, with a national oe ore than the other. And that it is government having an indefinite snxemaw no more his paramount duty to sustain the govrnmntspmacy Federal Government in the exercise of its over all persons and things, a doctrine, the tendency of which is " to establish that legis- titutio s as ainst his State, than it is to sustain his State in the exerlative omnipotence in Congress, and that cise of her eserv ts as aginst th uncontrolled discretion in the Presidentcisof her resevd rights as st the which renders every form of written Con- Federal Government when that government stitution idle and useless." I infer fron shall attempt to invade them. these propositions that our "Federal and But then the question at once arises in State Governments, are parts of one sys- every intelligent mind, suppose the case of tem. alike necessary for the common pros- conflict between these tiwo jurisdictions, perity, peace and security, and ought to what then? I answer, 1st, that such conbe regarded alike with a cordial, habitual flicts have frequently arisen in the history and immovable attachment," that "respect of our country since the adoption of the for the authority of each, and acquiescence Constitution of the United States. Laws in' the just constitutional measures of each, have been passed by the States and by Conare duties required by the plainest consid- gress, in which each overstepped the limits 417 of their respective constitutienal spheres of Empire, of which they formed a part, and action. For such cases, when they come under these limitations have the people of within judicial cognizance, a provision has each State in the Union a right to secede been made for a common arbiter. That from the Confederated Union itself. Thus common arbiter is in such cases, the Su- stands the right." preme Court of the Urnited States. That This puts it upon the ground of revoluCourt has frequently decided both that tion, the same as the colonies adopted in laws of Congress and laws of the several their revolution against the oppressions of States have transgressed the limits of their the crown of Great Britain. respective powers, and has pronounced such l" But the indissoluble link of union belaws, whether passed by Congress or the tween the people of the States of this conStates, null and void. And to such decis- federated nation is, after all, not in the ions every good citizen will, as he is bound right but in the heart. If the day should to do, yield his respectful obedience. Here, ever come, (may Heaven avert it) when the for such cases, is a remedy provided. affections of the people of these States shall But then there may be cases of conflict be alienated from each other; when thebetween these two jurisdictions, over which fraternal spirit shall give way to cold indifthe Supreme Court has no jurisdiction, and ference, or collision of interest shall fester which by no process can be brought before into hatred, the bands of political associathat august tribunal. Who then is the tion will not long hold together parties no common arbiter?' In answer to this ques- longer attracted by the magnetism of contion, permit me to read what was said by ciliated interests and kindly sympathies; John Quincy Adams in an address delivered and far better will it be for the people of before the New York Historical Society on the disunited States to part in friendship the 30th of April, 1839, in commemora- fronm each other, than to be held together tion of the 50th anniversary of the inaugu- by constraint. Then will be the time for ration of George Washington, as President reverting to the precedents which occurred of the United States. at the formation and adoption of the ConIn such cases as that, some gentlemen Stitution to form again a more perfect union have said, and a certain class of politicians by dissolving that which could no longer in the country have declared that the only bind, and to leave the separated parts to be remedy is coercion, which we are now try- reunited by the laws of political gravitation ing. But the course which true patriotism to the centre." seems to me to dictate, is that which has This is the mode, in the emergency been laid down by this eminent statesman which I have presented, which John Q. and patriot of Massachusetts, who in that Adams declared to be the course of true address declares: patriotism. Another distinguished son of "Nations acknowledge no judge between Massachusetts has also solemnly declared them upon earth, and their governments his opinion of the propriety of that course. from necessity must, in their intercourse I refer to the letter of Mr. Everett, accept. with each other, decide when the failure of ing the rnomination as candi,.ate for the one party to a contract to perform its ob- Vice Presidency of the United States in ligations absolves the other from the recip- 1860: rocal fulfilment of his own. But this last " The suggestion that the Union can be of earthly powers is not necessary to the maintained by numerical preponderance freedom and independence of States con- and military prowess of one section, exerted nected together by the immediate action of to coerce the other into submission is, in my the people of which they consist. To the judgment, as self-contradictory as it is danpeople alone is there reserved, as well the gerous. It comes loaded with the deathdissolving as the constituent power, and smell from fields wet with brother's blood. that power can be exercised by them only If the vital principle of all republican govunder the tie of conscience, binding them ernments is the consent of the governed, to the retributive justice of Heaven. With much more does a union of coequal sovthese qualifications, we may admit the same ereign States require as its basis the latrright as vested in the people of every State mony of its members and their voluntary in the Union, with reference to the General co-operation in its organic functions." Government, which was exercised by the To the same effect is the doctrine of Mr. people of the United Colonies with refer- Seward, the present Secretary of State, in ence to the supreme head of the British his letter of April 10th, 1861, directed to 418 our minister in England, Mr. Adams, as ex-' But when we remember that James plaining the views which were then enter- Madison is also the author of the 39th tained by himself and the President and number of the Federalist, that in the Virhis Cabinet. He says: ginia Convention he opposed with all his "For these reasons, the President would might the views of Patrick Henry, with not be disposed to reject a cardinal doctrine regard to the nature and character of the of theirs, (the rebels,) namely: that the Constitution, and that he was the authorof Federal Government could not reduce the the celebrated Resolutions of 1798 and 1799, seceding States to obedience by conquest, we cannot take any isolated opinion and even though he were disposed to question apply it against the whole current of his that proposition. But in fact the President life. willingly accepts it as true. Only an im- These are not to be taken in opposition perial or despotic government could subju- to the current and authentic history of the gate thoroughly disaffected or insurrection- times. In opposition to all such isolated ary members of the State. This Federal opinions I put the articles of confederation Republican system of ours is, of all forms and the treaty of peace, and acts of the legof government, the very one which is the islatures of the several Slates immediately most unfitted for such labor." after the Declaration of Independence, in Mr. Hamilton, in the Federalist, has which they claimed the allegiance of all stated precisely the same thing: persons residing in their limits. "If the Federal Government should I will not revert to the well known hisoverpass the just bounds of its authority, tories of these colonies, to show that they and make a tyrannical use of its powers, were only bound together by a common althe people, whose creature it is, must ap- legiance to the King of Great Britain; that peal to the standard they have formed, the first settlers came here at different times and take such measures to redress the inju- and from various quarters, with their interry done to the Constitution as the exigency ests separate and distinct; the Huguenot in may suggest, and prudence justify." South Carolina, the Cavaliers and EpiscoTl'hese authorities express my views of the palians in Virginia, the Catholics in Marycourse to be pursued in the case I have pre- land. the Quakers in Pennsylvania, the sented, of a conflict between these two su- Dutch in New York, and the Puritans in preme jurisdictions, each supreme within New England. It is certain they adopted its own sphere, and in a case over which diverse institutions, and framed different the judicial tribunals of the country have laws, and set up different states of society. no jurisdiction, and of which they have no I suppose no one will pretend that the law cognizance.. of Massachusetts, if there was such an one, Having said thus much in regard to the authorizes the hanging of witches, or slitting inferences properly deducible from the pro- the ears of the Quakers, or that the blue laws positions I have laid down, let me proceed of Connecticut, if there were such laws, briefly to the establishment of the proposi- prohibiting a mall from kissing his wife on tions themselves. Sunday, and requiring every householder In support of the first proposition, I shall to drive the bung into the barrel to prevent not weary the Convention with any extend- his cider from working on that holy day, ed historical investigation, nor shall I cite had any force or effect upon the people of any one or two instances in which individ- Maryland, Pennsylvania or Virginia. They ual statesmen of that day may have denied had different systems of laws, and were the sovereignty of the States after the De- protected by the British Crown in different claration of Independence. I could give degrees. They had different forms of govthe gentleman from Baltimore city, (Mr. ernment, some colonial, some provincial, Thomas,) a still more memorable instance some chartered. At the time of the IRevoof that denial than any he has furnished. lution, the common oppression exercised I could cite to him what is reported by Mr. upon them by the British Crown induced Yates, to have been said by James Madi- them to rise and assert their common indeson in the Convention which framed the pendence. Constitution of the United States, where, In full answer to everything that has as reported, Mr. Madison in still stronger been said by the gentleman from B3altimore language than: he has cited from Mr. Pinck- city, (Mr. Thomas,) upon this point, I place ney, of South Carolina, has denied the sov- this one broad patent fact, that the articles ereignty of the States, of confederation themselves, proposed in 419 1777 but not adopted until 1781, upon time when they declared themselves indetheir face declare that they are a league, a pendent, to all the rights and powers of covenant, a compact between separate, sov- sovereign States, and that they did not deereign and independent States. They de- rive them from concessions made by the clare in the second article:. British King. The treaty of peace was a "Each State retains its sovereignty, free- recognition of their independence, not a dom, indlependence, and every power, ju- grant of it. From hence it results that the risdiction and right which is not by this laws of the several State govelnments confederation expressly delegated to the were the laws of sovereign States, and as United States in Congress assembled." such were obligatory upon the people of How could the States retain vhat they such State,from the time they were enacted." never had? How could they delegate that I shall now pass from the consideration over which they had no control? If the of this first proposition with the single reStates were not sovereign then, how could mark, that unless it is true that the States they undertake to retain sovereignty, or to were sovereign and independent after the delegate sovereignty to anybody? That Declaration of Independence, then these one proposition, and that one consideration, acts of the States, the articles of confederis a conclusive answer to the whole argu- ation, and the treaty of peace, are broad mlent of the gentleman from Baltimore lies spread upon the pages of history. If city, (Mr. Thomas,) upon this proposition. they are not lies, but truths, then the Again, the Treaty of Peace between opposite doctrine that the States never had Great Britain and the United States de- any existence prior to the adoption of the clares: Constitution of the United States, but were the creatures of that instrument cannot be "His Br itannic Majesty acknowledges true, but must be false. the said United States, viz: New Hamp- The second position is sustained by author. shire, Massachusetts Bay, Rhode Island and The second position iustained by authorProvidence Plantations, Connecticut, New itiesequally unquestioned. Authentic history here also gives the same undoubted tesYork, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South timony. Butthisandthethird position, y 1 2 l n 2, D. am a dmonished by'the time limited for my Carolina and Georgia, to befree, sovereign, and independent States; that he treats with remarks,must be considered together, and thrn as'such, and for himself, his heirs, in connection with the theory of a consolthem as such, and for himself, his heirs,., v and successors, relinquishes all claims to ated national government so strenuously the government, proprietary and territorial and boldly contended for by gentlemen on rights of the salne, and every part thereof." the other side. And ierse this part of the arNot only that, but immediately after the and call th e attentio of the order of proof ~Declaration of Independence each State and call the attention of the Convention Declaration of Independence, eachState first to the opinions and doctrines of modadopted laws in which they claimed to be estatesme andpoliticians, and show that sovereign and independent, and in which thisen statesme andpoliticing, bel show that they claim the allegiance of every citizen this idea of subordinating, belittling, subthesidingwithe allegianborders. holdiny verting, and destroying the State governresiding within their borders. I hold in my ments aid State rights is of nore recent orhand the Resolutions of the Convention of ments and State rights is of more recent orNew York, of July 16th, 1776, similar to igin than many suppose. those adopted by New Jersey and all the Let me first refer to the last authentic other States, in which it was declared " that declaration of what the WVhig party held all persons abiding within the State of upon this subject. I refer to their resoluNew York, and desiring protection from the tions adopted in 1852, in the Convention laws of the same, owe allegiance to the said when General Scott was nominated for the laws, and are members of the State." - Presidency, and before' which the great Maryland did the same thing. If other name of Daniel Webster was presented as proof were wanting upon this subject, I a candidate for that ligh office. What did would refer to the decision of the Supreme they say upon this doctrine? Court of the United States upon the eftlect "That the Government of the United of these laws. I refer to the decision in the States is of a limited character, and it is case of McIlvaine vs. Cox's lessee, in 4 confined to the exercise of powers expressly Cranch, where the Court says: granted by the Constitution, and such as "It is a principle believed to be; unde- may be necessary and proper for carrying niable that the several States which com- the granted powers into full execution; and pose this Union became entitled; fromn the that all powers not thus granted or neces 420 sarily implied, are expressly reserved to the the fact that the State and Federal GovernStates respectively and to the people. rments were each supreme within its own " That the State Governments should be sphere of action, and it was the duty of the held secure in their reserved rights. and the citizen to obey both equally, not one more General Government sustained in its Con- than the other, but each within its constistitutional powers, &c. tutional limits. "That the Federal and State govern- I now turn to the decisions of the courts ments are parts of one system, a.like neces- upon this subject. The gentleman from sary for the common prosperity, peace and Baltimore city, (Mr. Thomas,) was exceedsecurity, and ought to be regarded alike ingly unfortunate in his allusion to the case with a cordial, habitual and immovable of McCullough vs. State of Maryland, in 4 attachment. Respect for the authority of Wheaton, as well as to the case in 1 Wheaeach, and the acquiescence in just constitu- ton, if he thought he could derive from tional measures of each, are duties required them any support of his theory of consoliby the plainest considerations of national. dation. What does Chief Justice Marshall of state, and of individual welfare." say in the first case. I will read a passage I refer also to the celebrated resolutions or two from his opinion, upon the mode in introduced into the Senate of the United which this Constitution was adopted: States in 1887. simply for the purpose of "They acted upon it in the only manner showing that tile great leader of the Whig in which they can act safely, effectually and party, Henry Clay, took a decided interest wisely on such a subject, by assembling in in those resolutions, amended them in convention. It is true they assembled in many particulars, and voted for them, and their several States, and where else shoutl voted for one of them which declares, they have assembled? 1No political dreamer " That in the adoption of the Federal was ever wild enough to think of breaking Constitution the States adopting the same down the lines which separate the States, acted severally as free, independent and and of compounding the Aelrican people sovereign States, and that each for itself by into one common mass. Of consequence, its own voluntary assent, entered this Union when they act, they act in their States." with a view to its increased security against Ag;idn, on the other point, " l'This Govall dangers, domestic as well as foreign, ernment is acknowledged by all to be one and the more perfect and secure enjoyment of enumerated powers. The principle that of its advantages, national, political and it can exercise only the powels granted to social." it would seem too apparent to have required Thy gtreat name of Henry Clay can no to be enforced by all those argmllents which more be invoked in favor of this theory of its enlightened friends, while it was pending consolidation than it can in favor of that before the people, found it necessary to other equally objectionable doctrine of urge." abolition. That principle is now universally adopted. Let me recur again to what Mr. Seward The same thing was said by Judge Story, has said in this celebrated letter written in in the other case to which the gentleman 1861, when he was expounding to foreign referred, Martin vs. Hunter's lessee, I governments what was the nature and Wheaton, 557. Hear him. character of our system: and to show that " On the other hand, it is perfectly clear, he sets up no claim of paramount allegiance that the sovereign powers vested in the State to the Federal Government. He says: governments by their respective constitu"I We are not only a naticn, but we are tions, remains unaltered and unimpaired; States also. All public officers as well as except so far as they were granted to the all citizens, owe not only allegiance to the Government of the United States. These Union but allegiance also to the States in deductions do not rest upon general reasonwhich they reside." ing, plain and obvious as they seem to be. He lays down his principles just as the They have been positively recognized by Whig party did in 1850, and just as I shall one of the alticles in Amendments of the show they were held by statesmen of that Constitution, which declares that'the powschool, from the earliest times to the pres- ers neat delegated to the United States by ent. No such doctrine as that of para- the Constitution, nor prohibited by it to mount allegiance to the General Govern- the States, are reserved. to the States rement was taught by Hamilton, and the spectively, or to the people.' The Governgreat men of his day. They recognized ment, then, of the United States can claim 421 no powers which are not granted to it by vast unlimited field of legislative power, the Constitution, and tbe powers actually about which they say nothing. granted must be such as are expressly given, I need not refer to other clauses of the or given by necessary implication." Constitution, but 1 will mention simply The same misfortune has attended the this. This great central government, as gentleman in his citation from the decision gentlemen call it. could never have had a of the Court of Appeals in 3 Gill, from local habitation, except for the grant or which I will read but a passage: cession from pal'ticular States. of a place "It is not necessary at this day to enter within which to locate itself. It cannot go into any examination of the Constitution, into the State of MLarylannd to erect a fort, for the purpose of' ascertaining the class of, or an arsenal, or a dock-yard, or any other powers surrendered to the General Govern- needful building, without first going to the ment, and those retained by the States. Legislature for their assent. It is established, that the States still hold MI r. STIRLING. Does the gentleman deall the powers which they originally pos- liberately make that statement upon the sessed, except such as have been delegated question of Constitutional law? to the United States, or prohibited to the Mr. MILLER. I do, sil. Not longer States. This is the language of the 10th than a few years since, when the General article to the Amendments to the Consti- Government wanted to build an aqueducetto tution. And it clearly appears from the take water itrto the city of Washington to papers of the Federalist, that the distin- supply the national capital, they came to guished men who participated so largely tle Legislature of the State of Maryland, in the formation and adoption of the Con- and asked its assent. Without this assent stitution, regarded this as its true interpre- this great Government could not go upon tation, in the absence of the amendments the soil and territory of Maryland. and take referred to. The author of the 32d number from its citizens one foot of land which of that work, when discussing the proposed they held under the State government. plan of the Constitution, said:'As the plan Mlr. STIRLING. They asked the right of of the Constitution aims only at a partial jurisdiction. union or consolidation, the State govern- Mr ILLER They asked the right of ments would clearly retain all the rieghts qf jurisdiction. They asked the right; to go sovereignty which they before had, and there. Whenever a cession is made, it is which were not by that act exclusively always made with a reservation of concurdele(gated to the United States.' lent jurisdicion in the State. I might pile authority upon authority The doctrine that a law of Congress is to the same effect, from the decisions of the constitutional only, provided the power to Supreme C urt of the United States, arid pass it is granted ill the Constitution, but from the courts of every State in the Union that an act of the Legislature is constituwherever this subject has been considered. tional unless prolibited by t.he ConstitubNow what does the instrument itself- tion, is to the same effect. oWhen a law of what does the Constitution say? On its Colgress comes before the Courts for adjuevery page, and in,almost every section dication, and it is assailed upon the ground and line, is written the existence and pow- that it is unconstitutional, the onts is upon ers of the State, and the limited nature and those who support the law to show that in extent of the powers conferred on the Gen- the Constitution of the United States, the eral Government. Its very first section power to pass that law has been specifically contains a grant of legislative power. granted to Congress, or granted by neces"All legislative powers herein granted," is sary implication. If the power to pass it the language of the section. The Legislative is not found to be granted expressly, or by Committee of this Convention would write implication, the law is unconstitutional and themselves down fools for posterity if they void. But when an act of the State Legisshould undertake to put into our Constitu- lature comes before the same tribunals, the tion such a clause as that. They will question is just the reverse: it is presumed simply, as they have always done, organize to be constitutional unless you first show such a department, and declare that it shall that the power to pass it was prohibited by consist of such and such branches, and then the Constitution of the State or the United prohibit it from exercising certain powers,.States. That is the distinction. In the and command it to do certain things, leav- one case you look for granted powers; in ing' it in its discretion to exercise all the the other you look forprohibitions of power. 422 What is the testimony of cotemporaneous of allegiance to the United States never was legislation upon the subject? It is well made until the act of Congress passed in known that many of the great men who 1861. framed this Constitution participated in the What is the precedent set by other States legislation of the early Congresses of 178.9, from the day of the adoption of this Conand the following years up to 1800. My stitution to the present time? What interfiiend from Prince George's (Mr. Clarke) pretation have they put on this instrument? has referred to the act of 1789, prescribing If you refer to the State Constitutions you the form of the oath to be taken by all will find that in all the States which conmState officers, passed in pursuance of, and pose this Union, the term allegiance is found to carry out the power contained in article in only four or five of thlem. In all other 6, section 1, of the Constitution of the cases it is an oath to stlpport the ConstituUnited States. TWhat is that oath? An tion of the United States and of the several oath of allegiance to the United States?- States. In Massachusetts, New Hampshire Not at all. It is simply the oath that we and some other States, as iwell as in Maryhave always had in Maryland, and that land, they do speak of allegiance; bhut what every other State in the Union has for its is that allegiance, and to whom is it due? State officers-an oath to suppo)rt the Con- Always and forever, allegiance to the State, stitution of the United States. and not to the United States. To the mrenmThere is another memorable instance; orable instance of Massachusetts, I will call the naturalization laws of Congress. If the particular attention of the Convention. ever the General Government would at, Here is the form of oath in the Constitution tempt to assert a claim of allegiance as of 1776 of that State. being due to it, you would find it in the "I, A. B., do truly and sincerely acnaturalization laws. ZWhllat do you do with knowledge, profess, testify and declare, that the man who comes to be naturalized,owing the Commonwealth of Massachusetts is, and allegiance to a foreign government~? Your of right ought to be, a free, sovereign and laws first require him to divest himself of inddependent State, and I do swear that I that allegiance; and then instead of taking will bear true faith and allegiance to the said upon himself the oath of allegiance to the Commonwealth, and that I will defend the government, as in England and other colln- sane against traitorous conspirators, and tries, the only oath he is required to take all hostile attempts whatever," &c. is the oath to support the Constitution of Here it is claimed that the State was soythe United States, and the only oath of al- ereign and independent after the Declaralegiance is the oath of allegiance to the par- tion of Independence. Then the oath proticular State in which he happens to be ceeds to renounce and abjure all allegiance, naturalized. Every man naturalized in subjection and obedience to Great Britain Maryland takes upon himself the oath of and every other foreign power. allegiance to the State of Maryland. There is another remarkable thing in the Mr. STIRLING. Does the gentleman Constitution of Massachusetts. They have state that as an assertion of Constitutional asserted the true doctrine of State Rights, law'? not the doctrine, as I have already said, Mr. MILLER. I make that assertion. He from which secession can be deduced; but takes theoath to support the Constitution the true doctrine of State Rights. In the of the United States, and whenever lie takes 4th article of their bill of rights it is deany other in Maryland it is to be faithful clared: and bear true allegiance to the State of "The people of this Commonwealth have Maryland. the sole and exclusive right of governing As another instance of cotemporaneous themselves, as a free, sovereign and indelegislation upon that subject by Congress, pendent.State; and do, and forever hereaflet me refer to the Rules and Articles of ter shall, exercise and enjoy every. power, War, the last section of which is as follows: jurisdiction and right, which is not or may "All persons not members of, nor owing not hereafter be by them expressly delegated allegiance to. any of the United States of to the United States of America in Congress America, who shall be found lurking as assembled." spies," &c. This article was adopted before the adopHere is a recognition by Congress inthe.tion of the Constitution of the United very Articles of War, that persons owed States. They have had, however, in that allegiance to the several States. The claim State several Conventions to change their 423 form of government, but that declaration of strictly to the hour rule. I now express the their rights stands to this day as the guid- hope that those with whom I am acting ing principle of the people of Massachu- here, the majority of this body, will strictsetts. They are to-day asserting State ly abide by the hour rule. It does injustice sovereignty, State supremacy to the fullest to none. For that reason I shall vote extent; and their oath of office does not ie- against allowing any member to go beyond quire their citizens or State officers to swear thie hour. Having conformed to the rule even to support the Constitution of the myself, I have a right to do so. United States. When we go. to Massachu- Mr. BARRON. I shall take no part whatsetts to learn the lesson of abolition, why not ever in this debate. I am anxious to hear learn from them at the same time the true the gentlemen speak their minds plainly, doctrine of State Rights? "Of two such fairly, squarely, and for that reason I shall lessons, why forget the nobler and the man- vote to extend the time. There are some lier one?" on our side of the House whom I want to The Constitution of New Hampshire, hear, and I wish for one to hear what may adopted after the adoption of the Constitu- be said. For that reason I shall vote to tion of the United States, follows the same extend the time. language. Their oath is: Mr. DANIEL. If the time is extended, "I, A. B., do solemnly swear, that I will I think it would better be for ten or fifteen bear faith and true allegiance to the State of minutes. New Hampshire, and vill.support the Con- Mr. JONES modified his motion, limiting stitution thereof, so help me God." the time to fifteen minutes. Their bill of rights' contains precisely' Mr. ABBOTT. I will move to allow fifthe same assertion of the sovereignty of the teen minutes further, although I am opposed State: to making the speeches over an hour. "The people of this State have the sole The motion was agreed to. and exclusive right of governing themselves Mr. MILLER resumed. In pursuing this as a lfiee, sovereign and independent State; subject I propose to inquire further what and do, and forever hereafter shall, exercise testimony does the legislation of the State and enjoy every power, jurisdiction and of Maryland bring to bear onthis subject? right pertaining thereto, which is not, or The oath of allegiance, as prescribed in may not hereafter be, by them expressly Article 55 of the Constitution of 1776, was delegated to the United States of America that the party abjures allegiance to any in Congress assembled." foreign prince or power, and that he will The State of Connecticut, in the memo- support and maintain the government of rable report of their Legislature in 1812, the State of Maryland. When that oath declares: was subsequently changed it assumed the "But it must not be forgotten that the form in which it now stands: " We swear State of Connecticut is a free, sovereign and to support the Constitution of the United independent State; that the United States States, and to be faithful and bear true alare a confederacy of States; that we are a legiance to the State of Maryland." Confederated and not a consolidated repub- The naturalization law passed by Maryli. The Governor of this State is under a land in 1777, chapter 12, is another illushigh and solemn obligation to maintain the tration of claiming allegiance to the State lawful rights and privileges thereof as a from all persons who are to become citisovereign, free and independent State, as he zens of the State.'The militia law of 1793, is to support the Constitution of the United chapter 53, did precisely the same thing. States, an4the obligations to support the I come now to the more important and latter imposes an obligation to support the conclusive testimony. Let us go back to former." the Convention which framed the ConstituThe hour having expired the hammer tion, and to the lessons taught us by the fell, but on motion the time was extended men who were the prominent actors in for fifteen minutes. those stirring and eventful times. Let us Mr. JONES, of Somerset, moved to extend learn from them what they did and what the time. sort of a government they established for Mr. SANDS. I voted against the calling us. We must learn it here or wander in of the previous question; and I would then, utter darkness. if opportunity had been afforded me, have Permit me to cull from the Debates and expressed the wish that we should adhere proceedings of the framers of the Constitu 424 tion in 1787 two or three important facts | the room of it, " Government of the United which bear on this subject. States," which was carried, and this is the 1st. One prominent unquestioned historic first grand case of expunging that the refact in regard to that Convention is that cords afford us. each Sltate, whether large or small, whether When this Constitution came before the represented by one or many delegates, cast people of the several States for their ratifione vote on all questions arising in that cation, it was assailed on various grounds, body. and among others, that it formed a National 2d. That various plans or forms of gov- Government, which regarded the Union as ernment were proposed by different mem- a consolidation of the States. This objection bers-some looking to a strong central, was met by its friends with a power (f reaconsolidated government, and others to a soning utterly unanswerable-the fears of government purely Federal, and others the timid were overcome, and the clamor still to mere amendations or alterations and of its enenmies silenced. Among those most improvements of the old Articles of Con- prominent in its advocacy, as well as its federation. formation, were Alexander [Hamilton and od. That of all the plans proposed that James Madison. Now, what do they say which went the furthest towards consolida- on this subject? tion and centralization, was that of Alex- First, Hamilton, in the Federalist, says: artnder Hamilton, who advocated the adopt- ", An entire consolidation of the States into ion of a form of government which he one complete national sovereignty, would admitted was an elective monarchy, and in imply an entire subordination of the parts; which he plainly and boldly advocated the and whatever powers might remain in almost total overthrow and subversion of them, would be altogether dependent on the Stale governnments. the general will. But as the plan of the 4th. That all such plans looking to a Convention aims only at a partial union or purely and absolutely consolidated govern- consolidation, the State governments would ment, were, after full debate, rejected as clearly retain all the rights of sovoreignty inadmissible and inconsistent with Repub- which they before had, and which were lican liberty, and the present Constitution not by that act exclusively delegated to the was adopted as the result of a compromise United States. But it is said that the laws of between conflicting views and interests, the Union are to be the supreme laws of the the result being a Government neither land. What inference can be drawn from purely National, nor purely Federal, but tis, or what woulld they amount to, if they one in which thefederal features predomi- were not to be supreme? It is evident nated, being in fact a government federa- they would amount to nothing. A law, by live in form, not consolidated, but yet the very meafling of the term, includes suclothed with full authority to render that premacy. It is arule which thoseto whom government effective within its specfied it is prescribed are bound to observe. This sphere, and leaving the States supreme inl results from every political association. If the exercise of all their reserved rights- individuals enter into a state of society the equally supreme within their speckied laws of that society must bd the supreme sp v'eres. regulator of their conduct. If a number Finally, let me for one moment refer, in of political societies enter into a large poorder to show that they did not design to litioal society, the laws which the latter make a government purely national, to may enact, pursuant to the powers inElliot's Debates, vol. 4, pages 76 and 78. trusted to it by its Constitution, must neThe resolution under consideration wasthe cessarily be supreme over thosqsocieties, following: and the individuals of whom they are com" Resolved, That it is the opinion of this posed. It would otherwise be a mere committee that a National Government treaty, dependent on the good faith of the ought to be established, consisting of a su- parties, and not a government which is prime legislature, judiciary and execu- only another word for politicalpower and sutive." premacy. But'it will not follow from this When that resolution was under consid- | doctrine that acts of the larger society eration, Mr. Ellsworth, of Conneoticut, which are not pursuant toits constitutional movel, seconded by Mr. Gorham, of Mas- powers, but whichcare invasions of the s,ichusetts, to expunge the word " nation- residuary authorities of the smnaller socieal," from that resolution, and to place in ties, which will become the supreme law of 425 the land. These will be merely acts of be subordinate, because there cannot be two suusurpation, and will deserve to be treated premes. This is.a curious sophistry. That as such. Hence we perceive that the clause two supreme powers cannot act together is false. which declares the supremacy of the laws They are inconsistent only when aimed at of the Union, like the one we have just be- each othe r or at one individual object. t laws of the United States are supreme as to fore considered, only declares a truth which all their proper constitutional objects. The flows immediately and necessarily from the laws of the States are supreme in the same institution of a Federal Government. It way. These supreme laws may act on differwill not I presume have escaped observa- ent objects without clashing, or they may tion that it expressly confines this supre- operate on different parts of the same common macy to laws made pursuant to the Consti- object with perfect harmony." " I wish the tutioln; which I mention merely as an in- committee to remember that the Constitution stance of caution in the Convention, since under consideration is framed upon truly.thatc limitation w. oul ha.ven beenl tobce republican principles, and that as it is exthat limitation would have been to be undersimitatood t ough hadvnot been exe pressly designed to provide for the common understood, though it had not been ex- protection and the general welfare of the pressed." United States, it must be utterly repugnant In the New York Con vw ntion to ratify to this Constitution to subvert the State Govthe Constitution, Hamilton said: "The ernments or oppress the people." State governments are essentially neces- Jefferson in his letter of 1811, (5 vol. Jeff. sary to the form and spirit of the general Works, 570,) says: system. As long, the~refore, as Congress'" But the true barriers of our liberty in have a full conviction of this necessity they this country are our State governments: and the wisest conservative power ever contrived by must, even upon principles purely na- man, is that of which our revolution and tional, have as firm an attachment to the present government found us possessed. Sevone as to the other. This conviction can enteen distinct States amalgamated into one, never leave them unless they become mad- as to.their foreign concerns, but single and men. While the Constitution continues to independent as to their internal administrabe read, and its principles known, the tion, regularly organized, with a Legislature States must, by every rational man, be and Governor, resting in the choice of the considered as essential component parts of people, and enlightened by a free press, can the Union; and!therefore the idea of sacri- never be so fascinated by the arts of one man ficing the powers to the latter i totally in- as to submit voluntarily to his usurpation." te pw ers to the latte ttally Mr. Madison, in the 39th No. of the Federadmissible." *: "When Congress alist also presents the true theory of the Conshall meditate any infringement of the stitution in the most elaborate and masterly State Constitutions, the great body of the manner, utterly repudiating the idea that the people will naturally take part with their government which it formed was a vast, condomestic representatives. Can the General solidated and centralized power, in which Government withstand such a united oppo- the States should have only a nominal exiSsition? Will the people suffer themselves tence. to be stripped of their privileges? Will The gentleman who spoke on Saturday, read from Patrick Henry's speeches in the dethey stiffer their legislatures to be reduced bates of the Virginia Convention. Let me to a shadow and a name? The idea is ask, if in so citing him, he was citing Patshocking to common sense." rick Henry in support or in derision of the A more elaborate statement of the same ies he presented. The gentleman did not view will be found in 2 vol. Ham. Works, read enough of what Patrick Henry said. 459 to 462, where he says: Let me read it: " With regard to the jurisdiction of the "You are not to inquire how your trade two governments, I shall certainly admit that may be increased, nor how you are to become the Constitution ought not to be so formed as a great and powerful people, but how your to prevent the States providing for their own liberties can be secured; for liberty ought to existence; and I maintain that it is so formed be the direct end of your government.": that their power of providing for themselves " I am not well versed in history, but I will is sufficiently established. This is conceded submit to your recollection, whether liberty by one gentleman, and in the next breath the has been destroyed most often by the licenconcession is retracted. He says Congress tiousness of the people, or by the tyranny of have butoneexclusive right in taxation, that rulers? I imagine, sir, you will find the of duties on imports. Certainly then, their balance on the side of tyranny. Happy will other powers are concurrent. But to take off you be if you miss the fate of those nations, the force of this obvious conclusion, he im- who, omitting to resist the oppressors, or negmediately says, that if the laws of the United ligently suffering their liberty to be wrested State are supreme, those of the States must from them, have groaned under intolerable 28 426 despotism! Most of the human race are now cious, imaginary balances, your rope-dancing, in this deplorable condition. And those na- chaiu-rattlinv, ridiculous ideal checks and tions who have gone in search of grandeur, contrivances? But, sir, we are not feared by power and splendor, have also fallen a sacri- foreigners; we do not make nations tremble. fice, and been the victims of their own folly. lWould this constitute happiness or secure While they acquired those visionary blessings, liberty? I trust, sir, our political hemisthey lost their freedom. My great objection to phere will ever direct their operations to the this government is, that it does not leave us the security of these objects. Consider our situmeans of defending our rights, or of waging ation, sir; go to the poor man, ask him what war against tyrants. It is urged by some he does: he will inform you that he enjoys gentlemen, that this new plan will bring us the fruits of his labor, under his own fig an acquisition of strength, an army, and the itree, with his wife and children around him, militia of the State. This is an idea ridicu- in peace and security. Go to every other lous: gentlemen cannot be in earnest. This member of society, you will find the same acquisition will trample on your fallen lib- tranquil ease and content; you will find no erty. Let my beloved Americans guard alarms or disturbances,! Why then tell us against that fatal lethargy that has pervaded of dangers to terrify us into an adoption of the universe. Have we the means of resist- this new form of government."; ing disciplined armies, when our only defence, " This Constitution is said to have beautithe militia, is put into the hands of Con- ful features; but when I come to examine gress." *b 55: * D these features, sir, they appear to me horri-' But there is one thing in it which I never bly frightful: among other deformities, it would acquiesce in. I mean the changing it has an awful squinting; it squints towards into a consolidated government, which is so monarchy: and does not this raise indignaabhorrent to my mind." l':. 5 tion in the breast of every true American? "The American spirit has fled'from here: Your president may easily become kinf: it has gone to regions where it has never been your Senate is so imperfectly constructed that expected: it has gone to the people of France your dearest rights may be sacrificed by what in search of a splendid government, a strong, may be a small minority: and a very small energetic government. Shall we imitate the minority may continue forever unchangeable example of those nations which have gone this government, though horribly defective. from a simple to a splendid government? Where are your checks in this government? Are those nations more worthy of our imita- Your strongholds will be in the hands of tion? What can make an adequate satisfac- your enemies: it is on a supposition that lion to them for the loss they have suffered your American governors shall be honest, in attaining such a government, for the loss that all the good qualities of this government of their liberty? If we admit consolidated are founded: but its defective and imperfect government, it will be because we like a construction puts it in their power to perpegreat splendid one. Some way or other, we trate the worst of mischiefs. should they be must be a great mighty empire; we must bad men; and, sir, would not all the world, have an army and a navy, and a number of from the eastern to the western hemisphere, things. When the American spirit was in its blame our distracted folly in resting our rights youth, the language of America was differ- upon thecontingency ofour rulersbeing good ent; liberty, sir, was th n the primary ob- or bad? Show me that age and country ject. Weae le descended from a people whose | where the rights and liberties of the people government was founded on liberty: our are placed on the sole chance of their rulers glorious forefathers of Great Britain made being good men, without a consequent loss of liberty the foundation of everything The liberty? I say that the loss of that dearest country is become a great, mighty, and splen- privilege has ever followed, with absolute did nation; not because their Government is certainty, every such mad attempt, and if strong and energetic; but, sir, because lib- your American chief be a man of ambition, erty is its direct end and foundation. We and abilities, how easy it is tor him to render drew the spirit of liberty from our British himself absolute I The army is in his hands, ancestors: by that spirit we have triumphed and if he be a man of address, it will be atover every difficulty. But now, sir, the tached to him, and it will be the subject of American spirit, assisted by the ropes and long meditation with him to seize the first chains of consolidation, is about to convert auspicious moment to accomplish his dethis country into a powerful and mighty em- sign; and, sir, will the American spirit solely pire; if you make the citizens of this country relieve you when this happens? I would agree to become the subjects of one great con- rather infinitely, and I am sure most of this solidated empire of America, your govern- Convention are of the same opinion, have a ment will not have sufficient energy to keep king, lords and commnons, than a governthem together. Such a government is in- mentso replete with such insupportable evils. compatible with the genius of republicanism. If we make a king we may prescribe the rules There will be no checks, no real balances, in by which lie shall rule his people, and interthis government. What can avail your spe- pose such checks as will prevent him from 427 infringing them, but the President in the field power, and were exercising that power. But at the head of his army, can prescribe the it seems that I have been somewhatmistaken, terms upon which he shall reign master, so fur in listening to the debates which we have far that it will puzzle any American ever to heard here for the last few days, one would get his neck from under the galling yoke. I think we were away back in the old days of cannot with patience think of this idea. If the Confederation; that for the first time this ever he violates the laws, one of two things question of State and Na ional sovereignty will happen: he will come at the head of his was about being discussed, and upon the forarmy to carry everything before him, or he mation of a National Constitution we were will give bail, or do what Mr. Chief Justice about to decide whe her we should have a will order him. If he be guilty, will not the National Government with strong powers, or recollection of his crimes teach him to make should have the State sovereignties which one bold push for the American throne? existed under the old Confederation. Or we Will not the immense difference between might almost suppose from the earnestness being master of everything, and being igno- with which gentlemen promulgate their theminiously tried and punished, powerfully ex ories here, that they were for the first time cite him to make this bold push? But, sir, announcing some new theory of government where is the existing force to punish him? and political science. We might not go Can he not, at the head of his army, beat quite so far back as the days of the Confederdown every opposition? Away with your ation; but we might imagire that we were President, we shall have a King; the army in the Senate of the United States listening will salute him monarch; your militia will to the celebrated Calhoun, who was the auleave you, and assist in making him king, thor and expounder of these doctrines, or and fight against you; and what have you some of his school from that time down to the to oppose this force? what will then become time of Benjamin,' the apostate Jew. of you and your rights? Will not absolute I had thought that with the American peodespotism ensue?" ple such doctrines were exploded, or if they Let me ask gentlemen who favor a consol- had not been exploded already by the crushidated government, how they like this picture ing logic of Webster, the keen analysis of that Patrick Henry has drawn of their idol. Clay, and the sturdy good sense and deterThe hammer again fell. mined will of Jackson, who would have Mr. DANIEL. Some three years ago in the hung the author as high as Haman city of Baltimore we were tauntingly told if he had persisted in it, that po. der that we had no government. And when the and ball was exploding them, and that streets bristled with cannon charged to the General Grant was on the mission now, mouth with grape and canister, and, armed and we should soon hear no more of States' men were rushing to and fro in the streets, rights doctrines. They have appealed to the usurping the military authority, when the arbitrament of the sword to settle this quesold flag of the Union was torn down and the tion. After trying thirty years or more out flag that represents the States' Rights Sover- of Congress and in Congress to impress these eignty, the flag of' Maryland, was put up in ideas upon the people, and finding it all in its place; aye, sir, when even ladies-those vain, they appeal to an arbitrament of these who called themselves ladies-were rushing dreadful political heresies that is deluging through the streets with secession badges the country in blood. flaunting and with pistols by their sides, and The gentleman from Prince George's (Mr. when it was almost as much as a man's life Belt,) told us of the great peace and proswas worth to mention the Union; then we perity under the administration of this States' did gravely begin to think that we had no rifhts party, the Democratic party. I deny government. Men began to look each other it, sir, and I say that if the States' Rights in the face, inquiring, Has the old govern- Democratic party. had had their way the ment clean gone forever? country would have been ruined long ago. I thought, sir, that those days had passed Come back with me to the time of Calhoun. by. I thought therecent developments, from Suppose he had had his way when South that time to the present, had shown everybody Carolina first raised this doctrine, where that we had a government, not only able to should we have been? South Carolina would control individual citizens, but able to control have annulled the law of the government the State. Where should we have been to- laying an impost duty; and another State day if it had not been for the power of the might have annulled another law for another central government, whose soldiers, the na- reason, and another State still another law; tion's defenders, rushed from every State of and where should we have been? We should the Union into the State of Maryland at the have found the remaining States saying they call of the National Government, and saved did not agree to any such doctrine. MaryMaryland to the Union. I thought such in- land or Pennsylvania, for instance, might formation had reached even the county of say, We waived the right to lay imposts in Prince George's, and the county of Anne our harbors in order that the general governArundel, that the government had such a ment might lay them equally upon all the 428 States; and now we find thaiSouth Carolina suit of this political heresy, this damuning and other States are allowed to violate these doctrine of States' rights. laws at pleasure. It would have broken up We have thought proper to let gentlemen the government. We should have had State expound their theories:here, although we beagainst State, and continued anarchy would lieved that they were long since exploded, as have taken the place of the prosperity of they seemed to want them to go down to which the gentleman speaks. posterity. We have often been admonished Then follow our history up to the year that posterity will cry " shame" upon us if 1850. Did not.the same State rights school we allow our liberties -to go, and allow this of politicians then try to break up the govern- usurpation on the part of the National Gorment again, and:was it not the power that ernrnent. I am willing to meet the responsiexisted in Clay-and Webster that came to the bility of opposing to the very death such a rescue, aided by the noble Douglas and Foote dangerous doctrine as this. Posterity will and others, who saved the country again and cry shame upon them who in the midst of again by compromises. Then this same civil war brought upon us by this doctrine, Franklin Pierce rode into power; and be- still stand up in this Convention, allowed to cause they could not kill the government, it stand here by the leniency of the central govrecuperated. That was the reason of our ernment and nothing else, and proclaim to us prosperity. that the people are not with us and that posSo we went on until these good old men terity will cry "shame" upon us. We are died; until Clay and Webster and such men willing to take the responsibility7 and when had departed; and then they commenced it comes to the vote we will show the gentlewith these doctrines again, and again they man by the ratification of the people of Marytried to break up the government. Was it land that they mean the same thing. for any fault of the government? No, sir; But I will now come to the arguments of their great Vice-President Stephens said it the gentlemen. They do not exactly agree was the best government the sun ever shone it seems to me upon this point; which shows upon; and he went on to describe the state of that when they come to these political abaffairs; that the South had had the majority stractions and heresies they get muddled and of Presidents, Vice-Presidents, members of do not all come out in the same place. Each the Supreme Court, foreign Ambassadors, one strikes out in a tirack by himself through and officers in every department of the gov- the swamp, and no one knows where to get ernment. Yet because Abraham Lincoln was out. But I will not reach the helping hand elected President of the United States, before to get them out, but will leave themi where be had even taken his seat, this same South they have placed themselves. Carolina seized upon the pretext to go out of One gentleman from Prince George's, (Mr. the Union, and other States followed, upon Belt,) has declared that the State had all the the States' rights doctrine. Far from sus- sovereignty as colonies, as States, from the taining the government, they did all they very beginning; that they never ceded any could to break up the government, and to that the general government was the mere dishonor the power that checked and re- agent for the time being to execute the bestrained them, until at last they got a poor, hests of the sovereignty of the State. That weak, decrepid old granny in the Presidential goes a good deal beyond Calhoun. We have chair, who first connived at their action and the Scripture reversed; for the Scripture tells then announced the paradox, that there was us that the disciple shall never be above his no right of secession, and yet that there was Lord, nor the servant above his master, no power contained in the Constitution by while they have got above everything. which a State could be coerced; a paradox But the other gentlemnan, (Mr. Clark,) did which I did not think any gentleman would not want to go so far; because that doctrine stake his professional reputation here at this leads right out into secession, and even beenlightened day in maintaining; but I find yond, if there is such a thing as going the old poison still in the blood of some of beyond it,-because it is not even a comthe men who cannot get rid of it. While the pact, but the relation of principal and President announced this new doctrine of the agent merely, and if so, the principal Constitution in such a way as to show his can withdraw at any time he pleases and sympathy.for Southern traitors, he allowed leave the agency out in the cold. Unwilling them to scatter his navy, to seize upon the to go so far, because afraid of this word se-'government and to plot treason under his cession, and unwilling to come square up to qnose until they had brought about this etate it they dodge around and say they do not of war and bloodshed which we now see mean secession-they mean revolution. I around us. If General Jackson had been in shall show before I am through that Calhoun the Presidential chair, or. Millard Fillmore, said he did not mean secession either. He who dared to execute the fugitive slave law never called himself a secessionist, but a revin the very streets of Boston, do you believe olutionist. Lest I should forget it, I will we should have been.in this terrible condi- now read what Calhoun said upon that point, tion now? No, sir; it is the legitimate re- contained in the appendix to a speech by 429 Edward Everett, from a letter from Reverdy presented by the gentleman from Prince Johnson, an intimate friend of Calhoun, to George's (IMr. Clarke,) that as the planets in Mr. Everett. Mr. Johnson says: the heavens revolve around the great central "The letter I read in the speech which I sun of the system, each pursuing its own made in Frederick, should be conclusive evi- course, within its own sphere, sothe General dence that, at its date,> Mr. Calhoun denied Government and the States are sovereign in the right of secession, as a constitutional their several spheres. But I would carry right, either expressed or implied. the figure ji.ttle farther, and say that when "But, in addition to this, I had frequent the great central orb pours its rays upon the opportunities of knowing that this was his earth, ~it is the source of heat and vegetation opinion. It was my good fortune to -be: a and life, and the stars pale away before it, member of the Senate of the United States, but when it ceases to operate directly, then whilst he was one of its greatest ornaments, these planets give forth their feebler light as for' four years, from 1845, until I became a they revolve in their respective sphere. So member of Gen. Taylor's administration, and th'7" great central government operates directly during.two sessions (I think 1846 and 1847) within its sphere and with greater power upon I lived in the same house with him. He did me the State as well as the individual. It does not the honor to give me much of his confidence, act upon me through the State sovereignty; and frequently his nullification was the sub- but it demands of me directly military duty, ject of conversation. Time and time again and it operates directly upon my rights of have I heard him, and with an increased sur- property and person. The States operate in prise at his wonderful acuteness, defend it on a more limited sphere. Constitutional grounds, and: distinguish it, What is the objection to this section? Let in that respect, from the doctrine of secession. us analyze it, and see what it amounts to. This last he never, with me, placed on any "Paramount allegiance" to the Governother ground than that of revolution. This, ment; that is the difficulty with gentlemen. he said, was to destroy the Government; and They are willing to say they owe an allegino Constitution, the work of sane men, ever ance to the Constitution of the United States provided for its own destruction. The other and the laws made in pursuance thereof; but was to preserve it, was, practically, but to this "paramount allegiance to the Governamend it, and in a Constitutional mode. As ment" stuns thean. Let us examine the words you know, and he was even told, I never took and see what they mean: that view. I could see no more Constitu. "Paramount" means "superior," or sutional warrant for this than for the other, prem'e. They are unwilling, therefore, to say which, I repeat, he ever in all our interviews that they owe any superior allegiance to the repudiated, as wholly indefensible as a Con- Government of the United States; and therestitutional remedy. His mind, with all its fore the gentleman from Calvert, (Mr. Briswonderful power, was so ingenious that it coe,) desires to strike out "paramount;" often led him into error, and at times to such and is willing to let it stand that he owes an extent as to be guilty of the most palpa- allegiance, not paramount. ble inconsistencies. I-lis views of the tariff Next, what is the meaning of "allegiance?" and internal improvement powers of the Gov- Some of the law dictionaries define it to be ernment are instances. His first opinions derived from the L.atin "ligo" to''bind," upon both were decided, and almost ultra. or to " tie." It is the bond that ties the natHis earliest reputation was won as their ad- ural born subject or citizen to his governvocate, and yet four years before his deathhe ment on account of the protection that it denounced both with constant zeal and with affords. Are gentlemen unwilling to say rare power, and, whilst doing so, boldly as- that they owe allegiance to this government? serted his uniform consistency. It is no mar- Will they say that it does not protect them, vel, therefore, with those who have observed and that therefore they are unwilling to renhis career and studied his character, to hear der allegiance to it? What is the protection it stated now that he was the advocate of which the States give? One gentleman from Constitutional secession." Prince George's, (Mr. Belt,) said the other So I say that some of the gentlemen seem day, as I recollect, that the General Govern-' to have got beyond Calhoun. ment gave no protection at all, but that the What is the proposition when fairly stated? States afforded all. Can the States levy war or because to much of the argument of the gen- make peace? When you go beyond the seas tleman who has just taken his seat (Mr. Mil- to a foreign land, if an injury is done to ler) and to much of the argument of the gen- you, do you appeal to the little petty State of tleman from Prince George's, who first ad- Maryland to redress it? No, sir; it is the dressed the Convention (Mr. Clarke,) I have pride of every man that he is an American no objection. citizen; and the American flag protects him It is certain that States are sovereign as everywhere, on land or on sea, wherever civwell as the United States Government, each ilization has gone. Do they owe no allegiin its own sphere, clearly defined by the Con- ance for protection? stitution. I would adopt even the analogy But I fear it is the "Government," after 430 all, that they do not want to pay allegiance contrary. Have not the gentlemen a fair to. What does " Government" mean? Web- chance before the Supreme Court? As Mr. ster defines it to be "that organization in Stephens said, they have had the majority of which the political power rests." It is "the the Court for I know not how many years. political being; capable," as he says, "of They had the large. majority of the judges, having a will, and having the power to exer- and the control of the Supreme Court even at cise that will." That is Mr. Webster's defi- the time of this great revolution. Gentlemen nition; and to be exact about it, 1 will read do not object to the Supreme Court when it from his speeches. Some o ffthese gentle- Judge Taney decides a habeas corpus or a men used to be of the school of Mr. Webster. Dred Scott case. It is all right then, and I do not know what has come over them gentlemen appeal to this great power. But lately, but they seem now to be repudiating one gentleman from Prince George's, (Mr. all that be ever said or did. Belt, ) went so tar as to say that the Supreme " The government of a State is that organ- Court of the United States was of no authority ization in which the political power resides. in questions of this sort, because it was an It is the political being created by the Con- arm of the Government created by the Govstitution or fundamental law. The broad ernment, and could not decide uponquestions and clear difference between a government relating to the Government, or if' it d d, it and a league or compact, is, that a govern- was a tyrannical usurpation. That is going ment is a body politic; it has a will of its a great deal farther than Calhoun ever went. own; and it possesses powers and faculties to He utterly ignores the power and jurisdiction execute its own purposes. Every compact of the Supreme Court. It was necessary for looks to some power to enforce its stipula- him to ignore it in order to sustain the States' tions."I Rights doctrine; for I shall proceed presently Gentlemen do not want to swear allegiance to show not only that the Constitution bears to that government, and do not want to say these internal proofs of its own power, but that in the Constitution whether they owe allegi- this is a consolidated Government with power ance to it or not, because there may be a con- to coerce if it shall become necessary. When flict between the State and the Government. we come to the decisions of the Supreme If so, I wish to say in an organic law, that Court, the whole becomes plain as daylight, the allegiance is due first to the General for they describe the power of this GovernGovernment. ment and declare it to be a sovereign power; But that is not the difficulty. Gentlemen that within their own spheres, but merely would be willing to swear allegiance to the within them, the States have the power to Constitution of the United States as the su- rule and to regulate. preme law of the land, and the laws made in Now let me show for a moment, that the pursuance thereof, provided each State had very doctrines gentlemen are now advocating the right to decide for itself whether they are Calhoun's doctrines. They are no new were made in pursuance thereof. When we doctrines. I wish to read Mr. Calhoun's say we owe paramount allegiance to the Gov- resolutions, upon which Mr. Webster made ernment, we mean to the laws made by Con- his great speech; and I will stake my repgress, which are the laws of the land until utation upon the point, that they'not only the Supreme Court of the United States de- coincide with the doctrines now urged, in cides that they are not. We mean to be the main, but that they do not go quite so held by this; and we want to put it into our far as some of them. They may be found in Constitution, that we owe allegiance to the vol. 3 of' the Works of Daniel Webster, p. 448. laws of the United States, as made by the "Resolved,'" &c., " That whenever the GenCongress of the United States, and that the sep- eral Government assumes the exercise of powarate States are not to construe the laws, or ers not delegated by the compact, its acts are to say what laws are and what laws are not unauthorized, and are of no effect, and that in pursuance of the Constitution of the Uiii- the same Government is not made the final ted States. It is as plain as daylight that judge oftthe powers delegated to it," that is the dodtrine of the Constitution. That is Mr. Belt's doctrine. What does the Constitution say in reference -"'since that would make its discreto the Supreme Court? It says of the Su- tion, and not the Constitution, the measure preme Court of Ihe United States: of its powers; but that as in all other cases "The judicial power shall extend to all of compacts among sovereign parties, without cases in law and equity arising under the Con- any common judge,"stitution, the laws of the United States," &c. And I understood the other gentleman The Constitution of the United States then from Prince George's, (Mr. Clarke,) to say says upon its face what we ask the gentlemen that we had no common arbiter. to say. When laws are passed by Congress, -u each has an equal right to judge for those laws are presumed to be in conformity itself, as well of the infraction as of the mode with the Constitution of the United States, and measure of redress." until the department especially created to "Resolved, That the assertions, that thepeodecide upon those laws, shall decide to the ple of these United States taken collectively 431 as individuals, are now, and ever have been, Here is the doctrine of Mr. Calhoun, both united on the principle of the social compact, as stated in his own resolutions and as stated and as such, are now formed into one nation by Mr. Webster before he begins his reply or people," — which utterly demolishes them? They were That is just what we are trying to substan- these same arguments rehashed over here tiate, and what the other side are trying to which provoked the gentleman from Baltiignore. more city (Mr. Abbott) to declare that it -"or that they have ever been so uni- was the old.Calhoun doctrine. I do not ted in any one stage of their political exist- care in what skin the animal is wrapped, ence, that the people of the several States the ears and the proportions will stick out. composing this Union have "not, as members Now I assert this proposition, that so far thereof, retained their sovereignty; that the back as the earliest history of the colonies allegiance of the citizens has been transferred goes, the people acted together as a united to the General Government;"- people, and they continued so to act up to That is just the doctrine; we say that the the time of the formation of the Constitution. Government has been transferred. If we go back to colonial times and trace these -"that they have parted with the right States lip, we shall find that there was never of punishing treason th:ough the resptctive any supreme authority vested in them, either State governments; and they have not the as colonies or as States. right of judging in the last resort, as to the In the first place, the supreme sovereignty extent of the powers r(served, and of conse- I was vested in the Crown of Great Britain. quence of those delegated,-are not only Coming down to the Continental Congress of without foundation in truth, but are contrary 1774 and 5 and'6, when they declared their to the most certain and plain historical facts, independence, when they broke away from and the clearest deductions of reason; and the Crown, thesupreme allegiance was vested that all exercise of power on the part of the in these Continental Congresses which conG(_eneral Government, or any of its depart- tinued to act for them as a united people unments, claiming authority from such errone- til the formation of the Constitution, when ous assumptions, must of necessity be uncon- the power was vested in the Government of stitutional, —must tend directly and inevita- the United States in order to form a more bly to subvert the sovereignty of the States, perfect government with three departments, to destroy the federal character of the Union, legislative, executive and judicial. In those and to rear on its ruins a consolidated gov- days, as far back as the resistance to the ernment," — Stamp Act, we hear the great Otis crying The very reason of their objection, that it outand pleading for the Union, and saying will rear a consolidated government on the I that the Union was his hope. He wanted ruins of the State. that Union to work through the very blood -- without constitutional check or limita- I and bones of every new region as it came intation,"- to the Government. We find it recorded in So we hear them say that every species of Bancroft's U. S., vol. 5, page 292: liberty has been usurped by the General "Union was the hope of Otis-union that Government.'should knit and work into the very blood -'" and which must necessarily terminate and bones of the original system of every rein the loss of liberty itself." aion as fast as settl d.' That is what Mr. Calhoun says; and I And Mr. Gadsdlen, of South Carolina-I think these gentlemen must have been read- only wish he had been followed by the peoing these rKesolntions before they made their ple of that State instead of Calhoun, for we speeches. They have taken the same view. should not have had these troubles, —says Now what was Mr. Webstir's exposition of (p. 335): those resolutions in that powerful masterly II wish the charters may not ensnare us speech in which he reviewed them until there at last by drawing different colonies to act was hardly a man to raise his head in the differently in this great cause. Whenever Congress of the United States to defend them that is the case, all will be over with the for years afterwards? Mr. Webster says: whole. There ought to be no New England "The first two resolutions of the honora- man. no New Yorker known on the contible member affirm these propositions, viz: nent, but all of us American." "1. That the political system under which These were the sentiments of Mr. Gadsden, we live and under which Congress is now one of the leaders or South Carolina, as far assembled, is a compact to which the people back as 1765, when the colonies were united of the several States as separate and sover- undertheBritishCrown. Thesame sentiments eign communities are th' parties." prevailed on the other side of the water. Col. "2. That these sovereign parties have a BarrB speaks of these as a people that are jealright to judge each for itself of any alleged ous of their liberties and will maintain them. violation of the Constitution by Congress, and Lord Camden speaks of them as a great and in case of such violation, to choose, each for mighty people. Lord Chatham uses similar itself, its own mode and measure of redress." terms when he plead' against the grievances 432 these new colonies were suffering. And Burke States, was soon found to be altogether deluin his great speech for conciliation with Amer- sive. The national engagements seem to ica says: "How can I draw an indictment have been entirely abandoned. Even the against a whole people?" A nd then he goes contributions for the ordinary expenses of the on in other words to (call them a great, mighty government fell almost entirely. upon the and numerous people. Coming down to the -two States which had the most domestic.reCongress of 1774, we find it was one of their sources. Attempts were very early made first acts after they met, when General Gates by Congress and in remonstrances the most had barricaded Boston, to remonstrate with manly and persuasive to obtain from the them, declaring that such measures were several States the right of levying, for a limcalculated to irritate a free people otherwise ited time, a gen6ral impost, for the exclusive disposed to peaceable measures, and force purpose of providing for the discharge of the them into hostilities. They do not say "force national debt. It was found impracticable these colonies" or "force these States," but to unite the States in any provision for the " force a free people." One of the last acts national safety and honor. Interfering regof that Congress was a petition in which they ulations of trade and interfering claims of represent themselves as " his majesty's most territory were dissolving the friendly attachfaithful and loyal people:'' not "his Majes- ments and the sense of common interestwhich ty's most faithful and loyal colonies," but had cemented and sustained the Union dur-'' people." Coming down still later to the ing the arduous struggles of the revolution. Congress of 1776, Chancellor Kent says: Symptoms of distress and marks of humilia(page 213.) tion were rapidly accumulating. It was "In AIay 1775, a Congress again assembled with difficulty that the attention of the States at Philadelphia, and was clothed with ample could be sufficiently exerted to induce them discretionary power. The delegates were to keep up a sufficient representation in Conchosen as those of the preceding Congress had gress to form a quorum for business. The been, partly by the popular branch of the finances of the nation were annihilated. The Colonial Legislature when in session, but whole army of the United States was reduced principally by conventions of the people in in 1784, to 80 persons; and the States were the several colonies. Thev were instructed urged to provide some of the militia to garto' concert, agree upon, direct, order and rison the Westerni posts. In that, to use the prosecute' such measures as they should language of the authors of the Federalist, deem most fit and proper to obtain redress of " each State yielding to the voice of immeAmerican grievances, or in more general diate interest or convenience, successively terms, they were to take care of the liberties withdrew its support from the confederation, of the country.' till the frail and tottering edifice was ready Hastening on to the time of the confedera- to fall upon our heads and to crush us betion-for 1 must leave out many things I neath its ruins." wanted to say-we see by the very articles That is a model States' rights government. of the Constitution that there was something Now what does the Declaration of Indeof the nature of a compact between these pendence say? Following up that same idea States; and we shall presently see the diffi- that they were a united p ople, they say in culties and evils resulting from that very the Declaration of Independence: compact which this Constitution was formed I "When in the course of human events it to remedy. Even during the old confedera- becomes necessary for one people to dissolve tion, the allegiance did not pass from the the political bonds which have connected people; and in the closing lines of the articles them with another," &c. of confederation we see that it was intended Not when it becomes necessary for "these thatthe Union should be perpetual. They say: colonies" or for "these States," but for "c And that the articles thereof shall be in- " one people." violably observed by the States we respective Coming up still further to the formation of ly represent, and that the Union shall be our own Constitution; was that formed by perpetual. In witness whereof, we have here- the States in their sovereign capacity? No) unto set our hands in Congress." sir. Some five States met at Annapolis in The defects of the old confederation which order to devise measures to redress. their this Constit tion was intended to remedy, wrongs arising under the defects of the old will be apparent friom what Chancellor Kent confederation; but when they met they found says of them on page 222: the necessary changes were so radical that "As danger receded, instances of neglect they would not attempt to make them, but became more frequent, and before the peace recommended to Congress to call a Convenof 1183, the inherent imbecility of the gov- tion to be elected by the people in order to ernment had displayed itself with alarming frame a new Constitution. Congress upon rapidity. The delinquencies of one State be- that sugoestion called a Conven tion, which came a pretext or apology for those of another. was elected by the people, arid that ConvenThe idea of supplying the pecuniary exi- tion formed our present Constitution. When gencies of the nation from requisitions on the it was formed it was sent to Congress. Did 433 Congress or the States undertake to ratify it? But that we may not be left in the dark No; sir; Congress called another Convention with regard to the sovereignty of the General of the people in order to ratify the Constitu- Government and of the States, we have the tion of the United States. Thus the Consti- decisions of the Supreme Court, which have tution was formed by the people and ratified made the whole question so clear that the by the people. It was ratified by the votes wayfaring man, though a fool,'cannot err. of the people and not by the votes of the In the case of lMcCullough vs. State of MaryStates. land, in 4 Wheaton, 420, I was amused to But it seems to me that the Constitution con- see how the gentlemen have pickeed out a little tains within itself the internal evidence of its of it to sustain their doctrine, totally misconown structure, of its own powers, sufficient struing it; whereas taken as a whole, it goes to warrant the insertion:in the Declaration of to confute the doctrine of State sovereignty. Rights of the provision we mean: to insert Judge Marshall, looking at the question, asks there. It says in one of its clauses: who was ever so big a fool as to suppose the " This Constitution and the laws of the Uni- people of the United States were compounded ted States which shall be made in pursuance together in a mass; and the gentleman from thereof, and all treaties made or which shall Anne Arundel:(Mr. Miller) uses that to show be made under the underthe authority of the he United that the people did not and could not act toStates, shall be the supreme law of the land; gether, but acted as -States; whereas the arand the judges in every State shall be bound' gument of Judge Marshall knocks the propothereby, anything in the Constitution or laws sition from under him, and decides the case of any State to the contrary notwithstand- flat-footed against him. I will tell you how ing. this question came up. Look also to the enumeration of.the powers Congress had established a National Bank, of the Government of the United:States and and there was in the State of Maryland a see whether it accords with' the idea of the, branch bank, which the Legislatire of MaryStates being supreme. Congress has power land attempted to tax. Thattax was resisted; to lay and collect taxes, to borrow money, to and the question came up to the Supreme regulate commerce, to establish a' uniform Court whether the State had a right to tax a rule of naturalization and uniform laws on bank chartered by the General Government. the subject of bankruptcies, to coin money, Chief Justice Marshall reviews the authorities, to establish post-offices, to declare war, to and here is what he says: raise and support aruies,' to provide and "It would be difficult to sustain this propomaintain a navy, to provide for calling forth sition. The Convention which framed the the militia to execute the laws of the Union, Constitution was, indeed, elected by the State suppress insurrections and repel invasions, Legislatures. But the instrument, when it &c. In section 10 are prohibitions upon the came from their hands, was a mere proposal, States: without obligation, or pretentions to it. It' "1. No State shall enter-into any treaty, was reported to the then existing Congress alliance - or confederation; grant letters of of the United States, with the request that it marque and reprisal-; coin money; emit bills might' be submitted to a Convention of delof credit; make anything but gold and sil- egates chosen in each State, by the people ver coin a tender in payment of' debts; pass thereof, under the recommendation of its Legany bill of attainder, exposi facto law or law islature, for their assent and ratification.' impairing the obligation of contracts; or This mode of proceeding was adopted; and grant any title of nobility." by the Convention, by Congress and by the "2. No State shall without the consent of State Legislatures, the instrument was subCongress lay any imposts or duties on imports mitted to the people. They acted upon it in or exports except what may be absolutely the only manner in which they can act safely, necessary for executing its inspection laws; effectually and wisely, on such a subject, by and the net produce of all duties and imposts assembling in Convention. It is true they laid by any State on imports or exports-shall assembled in their several States; and where be for the use of the; treasury of the United else should they have assembled? No politiStates, and all such laws shall be subject to cal dreamer was ever wild enough to think the revision and control of Congress. No of breaking down the lines which:separate State shall without the consent of Congress the States, and of compounding the Amerilay any duty on tonnage, keep troops or ships can people into one common mass. Of conof' war in time of peace, enter into any agree- sequence, when they act they act in their ment or compact with another State or with States. But the measures they adopt, do not, a foreign power, or engage in war unless act- on that account, cease to be the measures of ually invaded, or in such imminent danger the people themselves, or become the measas-will not admit of delay." ures of the State governments. Is that consistent with the sovereignty of " From these Conventions the Constitution the governments of the States, for the United derives its whole authority. The Government States to say what they may do and what proceeds directly from the people; is'ordainthey may not? ed and established' in the name of the people, 434 and is declared to be ordained'in order to United States, is as far beyond the reach of form a more perfect union, establish justice, the judicial process issued by a State judge or Insure domestic tranquillity, and secure the by a State Court, as if the line of decision blessings of liberty to themselves and to their was traced by landmarks, and monuments posterity.' The assent of the States in their visible to the eye.' sovereign capacity, is implied in calling a "It was felt by the statesmen who framed Convention, and thus submitting that instru- the Constitution, and by the people who ment to the people. But the people were at adopted it, that it was necessary that many perfect liberty to accept or reject it; and their of the rights of sovereigunty which.the States act was final. It required not the affirmance, then possessed should be ceded to the General and could not be negatived by the State Government; and that in the sphere of acgovernments. The Constitution when thus tion assigned to it, it should be supreme, and adopted, was of complete obligation, and strong enough to execute its own laws by its bound the State sovereignties. own tribunals, without interruption from a It has been said that the people bad al- State or from State authorities. And it was ready surrendered all their powers to the evident that anything short of this would be State sovereignties, and bad nothing more to inadequate for the main objects for which the give. But, surely, the question whether they government was established." may resume and modify the powers granted With regard to the Court they say: to government, does not remain to be settled "This tribunal, therefore, was erected, and in this country. Much more might the legat- the powers of which we have spoken conimacy of the General Government be doubted, ferred upon it, not by the -Federal Governhad it been created by the States. The pow- ment, but by the people of the States, who ers delegated to the State sovereignties are formed and adopted that government, and to be exercised by themselves. To the form- conferred upon it all the powers, legislative, ation of a league, such as: vas the confeder- executive and judicial, which it now posation, the State sovereignties were certainly sesses." competent. But when,'in order to form a I will now read a letter from Mr. Madison more perfect union,' it was deemed necessary to Mr. Webster, on this subject, in relation to to change this alliance into an effective gov- the speech to which I have already referred: ernment, possessing great and sovereign pow- " I return my thanks for a copy of your ers, and acting directly upon the people, the late very powerful speech in the Senate of the necessity of referring it to the people, and of United States. It crushes "' nullification," deriving its powers directly from them, was and must hasten an abandonment of secession. felt and acknowledged by all." But this dodges the blow, by confounding the Can anything be clearer and stronger than claim to secede at will, with the right of sethat? I ask next to referthe gentlemen to ceding from intolerable oppression. one of Judge Taney's decisions; although I " The former answers itself, being a Yiolado not know whether, if he had not decided tion without cause solemnly pledged. The as he did in the Dred Scott case, they would latter is another name only for revolution, have listened to hinm. It is the case of Booth about which there is no theoretic controversy. vs. ~te United States, 21 Howard, 515. This Its double aspect, nevertheless, with the was something like the Dred Scott case. It countenance received from certain quarters, was the case of a fugitive slave in the State of is giving it a popular currency here,. which Wisconsin. The question came up before the may influence the approaching elections, both State Court, which decided that the marshal for Congress and for the State Legislatures. of the United States should execute the pro- It has gained some advantage also by mixing cess, and an appeal was made to the Supreme itself with the question, whether the ConstiCourt of Wisconsin, which decided that the tution of the United States was formed by law was null and void, and set it aside, and the people or by the States, now under a thethat the marshal had no right to execute it; oretic discussion by animated partisans. and an appeal was made to the Supreme'6 It is fortunate when disputed theories Court of the United States, and the question can be decided by undisputed facts. And came up there. here the undisputed fact is that the Constitu[The hour having expired, the hammer fell.] tion was made by the people, but as embodied On motion of Mr. STIRLlNG, into the several States who were parties to it, The rule was suspended, to allow fifteen and therefore made by the States, in their minutes further time to Mr. Daniel. highest authoritative capacity. Mr. DANIEL resumed The Court say: "They might, by the same authority and " And the powers of the General Govern- by the same process, have converted the conment, and of the State, although both exist federacy into a mere league or treaty, or conand are exercised within the same territorial tinued it with enlarged or abridged powers; limits, are yet separate and distinct sover- or have embodied the people of their respecteignties, acting separately and independently ive States into one people, nation or soverof each other within their respective spheres. eignty; or, as they did by a mixed form, And this sphere of action appropriated to the make them one people, nation or sover 435 eignty, for certain purposes, and not so for What is the absurdity into which we are others. led by this doctrine as proclaimed and an"The Constitution of the United States nounced by Buchanan, that a State has no being established by competent authority, by right to secede, and that the government has that of the people of the several States, who no power of coercion? Suppose in 1793, were the parties to it, it remains only to in- when the whiskey insurrection broke out in quire what the Constitution is, and here it Pennsylvania, when General Washington, speaks for itself. It organizes a government with 15,000 men, marched to quell it, the into the usual legislative, executive and ju- State of Pennsylvania had said by its Legisdicial departments; invests it with specified lature, that the law was unconstitutional, powers, leaving others to the parties to the and that it should not be enforced. What Constitution; it makes the government op- would have been the result? Would General erate directly upon the people; places at its Washington have been required to return command the needful physical means of ex- home With these 15,000 men? The proposiecuting its powers; and finally proclaims its tion is absurd upon its very face. supremacy, and that of the laws made in Suppose that when Millard Fillmore was pursuance of it, over the Constitution and President of the United States, and attempted laws of the States; the powers of the gov- to execute the fugitive slave law in the streets ernment being exercised as in other elective of Boston, it had been said then, you cannot and responsible governments, under the con- coerce a State; and suppose the Legislature trol of its constituents, the people and Legis- of Massachusetts had said, you shall not enlatures of the States, and subject to the revo- force the fugitive slave law here. Would lutionary rights of the people, in extreme these gentlemen then have said there was no cases. right to coerce a State? I imagine not, be" Such is the Constitution of the United cause the negro was in question then. States de jure and de facto; and the name, Take another instance. When John Brown whatever it be, that may be given to it, can with half a dozen deluded followers, some make it nothing more nor less than what it time ago, invaded Virginia, suppose that the actually is." State of Pennsylvania or any other State had The resolutions of 1798 have been cited here by its enactments, said that the General Govto sustain the States' rights doctrine. They ernment had no right to restrain John Brown, were appealed to by the gentleman from or protect the citizens of Virginia? But I Prince George's (Mr. Belt,) and the. gentle- think gentlemen did not then agree to the man from Somerset (Mr. Jones,) who said doctrine that the United States Government that the States had prospered under the effect had no right to coerce. The coercion was of those resolutions, as managed and con- then to operate upon the other side. trolled by the democratic party, and had at- In conclusion, these gentlemen want peace. tained such prosperity as they had never They did not want peace when South Caroknown before. I deny that the resolutions lina, with ten thousand men and with batof 1798, the Kentucky and the Virginia reso- teries planted all around, fired upon a few lutions, sustain any such doctrine. What starved men in Fort Sumter, whom the Govare those resolutions? They were enacted in ernment had not even attempted to reinforce, order to counteract what was called the alien but simply to feed. When they tore down and sedition law of that time. They were the old flag and trampled it under their feet, framed by Mr. Madison and Mr. Jefferson, and said that the rebel flag should wave over passed by Kentucky and Virginia, and were Faneuil Hall, and that they would dictate sent to the other States, but not a single terms of peace in the city of: Washington, other State adopted them. General Wash- they did notwantpeace then. But they want ington said it was done with a political view, peace now. Why? Because: the General and it had its effect in the election of -Jeffer- Government have shown their teeth; because son as President, and the appointment of they have demonstrated that there is power Madison as Secretary of State. Leaving that and a determination upon the part of the out of view, I have merely to say that they people to execute the laws. Now they want do not sustain these doctrines, and Mr. Madi- peace, and deprecate bloodshed. Sir, I want son, one of their authors, said they did not. no peace with Fort Pillow murderers, or reIn the letter wh;ch I have just read, he utterly enactors of the same scenes at Newbern. I denies that doctrine; and to say that the re: want no peace with men who will destroy solutions contain it would have made him and torture our prisoners in the way they inconsistent with himself. have done, until they will lay down their In reply to the doctrine of coercion I have arms and submit to the authority ot the Govonly to say that Jefferson held that the doc- ernment, and acknowledge and yield to the trine of coercion was even contained in the civilization of the age. articles of confederation. Washington, in I have already trespassed upon my time, his Farewell Address, said it was for the pur- and I will not occupy the attention of the pose of a consolidated government that the Convention longer, except to say here and Constitution was formed. now, that novelty though it may be, I am 436 glad to have an opportunity of'voting for ton, Duvall, Early, Ecker, Galloway, Greene, this new clause in our Constitution, because Harwood, Hebb, Hopkins, Keefer, Kennard, I think it comes appropriately from Mary- King, McComas, Mitchell, Miller. Morgan, land; for in Maryland the first blopd in this Mullikin, Neglev, Nyman, Pugh, Robinette, war was shed, when she attempted to keep Sands, Schlosser, Scott, Smith, of Worcester, back the nation's defenders from, going to Sneary, Stirling, Stockbridge, Swope, Sykes' the capital. Maryland being a slave State, Todd-39. and now being about to proclaim to the Not a quorum. world that henceforth every man that treads Mr. STOCKBRIDGE. It is evident to every her soil shall be free and: entitled to the.pro- member here, I presume, that it will be imceeds of his own labor, it is very proper that possible to get a quorum here this evening. Maryland should say to the General Govern- In the absence of the sergeant-at-arms, there ment, "We owe you allegiance superior to is no officer to enforce the orders of theHouse. that we owe to our State government. You And' as it is utterly impossible to do anything, have done so wisely and protected us so well I move we now adjourn. in the past, we are ready to trust -you for the Mr. HEBB. Can we have an adjournment future." while a call of the House is going on, until Mr. CHAMBERS moved to adjourn until to- further proceedings. under the call are dismorrow at ten o'clock. pensed with? Mr. STIRLING raised the point of order, that Mr. STOCKBRIDGE. An adjournment dissuch a motion could not be made, it being penses with all further proceedings under the contrary to the standing order to meet at call, unless otherwise specially ordered. half-past four P. M., for an afternon session. The question was then taken on the motion Mr. KENNARD. I -move a reconsideration to adjourn, and it was agreed to. of that order to ascertain whether we shall The Convention accordingly adjourned to have a quorum this afternoon. 10 A. M. to-morrow. Mr. HEBB moved to adjourn. The motion prevailed, and The CHAIRMAN (Mr. Scott) declared the THIRTY-SECOND DAY. Convention adjourned until half-past four TUESDAY, June 14, 1864. O'clock. The Convention met at 10 o'clock, A. M. AFTERNOON SESSION. Prayer by the Rev. Mr. McNemar. The Convention re-assembled at 4. o'clock The roll was clled, and the following memP~~~~~~~~. M. -bers answered to their names: P. M. The roll was- called and the following hMessrs. Goldsborough, President; Abbott, menm~bers answered to their names: Annan, Audoun, Baker, Barron, Belt, Berry, Messrs. Abbott, Annan, Baker, Bond, of Prince Georoe's, Billingsley, Bla(kiston, MBrssown Claroet, C in, DBanke, D,Bond, of Bond, Briscoe, Brooks, Brown, Carter, ChanmBrown, Clarke%, Cushing, Daniel, Davis, of' bers, Clarke, Cunningham, Cushing, Daniel, Washington, Duvall, Earle, Ecker, Farrow, bers Clarke, Cunningham, Cushing, D el, Galloway, Greene, arwood, ebb, Davis of Charles, Davis, of Washington, DelGalloway, Greene, Harwood, Hebb, Hoplinger, Dennis, Duvall, Earle, Ecker, Edelen, kinsi Jones, of Somerset, Keefer, Kennard ~ G I King, McComas, Mitchell, Miller, Morgan, Farrow, Gale, Gallo, Greene, Harood, Mullikin, Murray, Negley, Nyman, Parran, Hatch Hebb, Henkle, odson, Hoffman, Pugh, Robinette, Saends, Schosser, rScott, Hopkins, Hopper, Horsey, Jones, of Cecil, Pugh, Robinette, Sands:Schlosser, Scott, Jones, of Somerset, Keefler, Kennard, Kin g, Smith,of Carroll, Smith, of Worcester, Sneary, JonLee, Marey, ennard, King, Stirling, Stockbridge, Swope, Sykes and Todd Lansdale, Larsh, Lee, Markey, McComas, — 44. Mitchell,'Miller Morgan, Mullikin, Murray, No quorum present. Negley, Noble, Nyman, Parker, Parran, PeMr. JONES,' of Somerset, moved that, the ter, Pugh, Ridgely, Robinette, Sands, Schley, Convention do now adjourns. Schlosser, Scott, Smith, of Carroll, Smith, of' The motion to adjourn was not agreed to. Dorchester, Smith,of Worcester, Sneary, StirMr. STIRLING moved that the door-keeper ling, Stockbridge, Swope, Sykes, Truston, (the sergeant-at-arms being absent) be sent Todd Turncr, Valliant, Wickard, Wilmer, for absent members. Wooden-84. Mr. JONES, of Somerset. He will hav7e to The journal of yesterday was read and go to Baltimore todo that. approved. The motion to send the door-keeper to no- PRINTING SPEECHES NOT DELIVERED. tify absent members was agreed to. Mr. -SMITH, of Carroll, submitted the folDuring the absence of the door-keeper- lowing order: On motion of Mr.: GREENE, Ordered, That Mr. Miller, of Anne ArunA call of the Convention was ordered. del county, and Mr. Daniel, of Baltimore The roll was called, and the following city, have' leave to submit the remainder of members answered to their names: their speeches not delivered yesterday, to the Messrs. Abbott, Annan, Baker, Bond, reporter, to be by him incorporated among Brown, Cushing, Daniel, Davis, of Washing- the Debates of the Convention. 437 Mr. SMITH said: I have only to say that speeches from those which they would dethe gentlemen named in the order, are the liver orally. If there was such aan underonly two members in the Convention, I be- standing as that had by the body, it would lieve, whose time has been limited. Every have been only fair'to have notified all the other gentleman who has spoken upon this members. I would be perfectly willing to question, has done so without being: limited have such an understanding for thefuture, so as to time. I think it is but fair that these that every member-we are all. peers heregentlemen should have the same privilege should have an equal opportunity with that has been accorded to others. others. I am perfectly satisfied that there Mr. SANDS. Some of us have been restricted are some members of this body who can to an hour, without any additional fifteen write far better than they can speak, and it minutes. I was, myself. would be but fair that they should have that Mr. SMITH, of'Carroll. The very fact that opportunity as well as any other member of the gentleman has been restricted should be this body. A. gentleman might write his an argument with him for voting for this speech out far differently from the one which order. he would deliver. He might make an oral Mr. SANDS. I only stated what was the speech, which would be the one we would fact. have here; while posterity would have a far Mr. SMITH, of Carroll. I was not aware different speech. These are my objections to that was the fact. the adoption of this order. Mr. STocKnRIDGE. I desire to ask a single Mr. DANIEL. In justification to myself, I question before I vote on this order. It is, wish to say to the Convention that I have whether, if the remainder of these speeches not desired this, nor has it at all been by any are printed as a part of our debates and pro- instigation of my own. I must say, after the ceedings, the fact will appear on the record remarks which have been made, that I am that those portions were not delivered, but rather disposed to vote against the order. I were printed by consent of the Convention? am afraid if it be adopted it will lead to too If it will so appear, then I shall be ready to much latitude. As has been well said here, vote for this order. I ask the question;e- it is but proper that members of this Convencause I know it has so happened in other tion should know what the members say, in bodies, that remarks have been printed as order that they may be properly and underdelivered which were not delivered at all, standingly replied to, if it should be deemed and would not have been allowed to be de- necessary. It does seem to me that a great livered without being replied to. And as many objectionable things might be put in unavoidably we will not have an opportunity an argument, which might not be spoken to reply to these speeches as printed, I think here, or read here, but which might go out it should appear id the record of debates that to the community and do a great deal of inthey are printed without delivery, by per- jury. Therefore, I think myself, that whatmission of the Convention If they will so ever is said here, whether written or spoken, appear, I shall have no objection to this order. should come fairly before the Convention. Mr. MrILER. I am perfectly willing, so And that is especially necessary, it seems to far as I am concerned, that the record ot de- me, because the printer is so far behind our bates should show the point at which my debates, and we do not get to see our remarks time expired yesterday, and that the remain. printed until some two weeks after they are der of the remarks are printed without being delivered. I think that, as a general thing,actually delivered. although I have left out some points which I Mr. BARRON. I would be perfectly satis- intended to make, an hour and a quarter is fied to have all the speeches printed this way; enough for any man. let every member just hand in his speech and Mr. SCOTT. I move to amend the order of have it printed. That would suit me very the gentleman from Carroll, (fMr. Smith,) by well. adding: "and that every other member of Mr. PuGH. I object to having these speeches this Convention, and everybody else, may printed without the Convention knowing ev- write out whatever he pleases, and have it erything about them, or knowing something appear upon the debates of this Convention about the course of the argument taken. I as a speech that he might, or could, or would, do not like the idea of having speeches or should havesubmitted tothis Convention." printed, without the body knowing some- The PRESIDENT. The gentleman from Cething about the character both of the argu- cil (Mr. Scott) must reluce his amendment ment. and the facts stated. If we knew any- to writing. thing about the remarks, then I should have Mr. SCOTT. Well, it was only in joke that no objection whatever. I object to it, also, I said it. without some statement having been pre- Mr. SMITH, of Carroll. I supposed the viously given, so that all members of the Con- gentleman was not in earnest. but I was vention should occupy in that respect the really in earnest in offering my order, and same position. A great many members of did not think it would excite any jocularity. this Convention might write very different I take it for granted that no gentleman in 438 this body, (and I presume we are all entitled Brown, Chambers, Clarke, Cushing, Dennis, to that appellation,) would interpolate into Duvall, Earle, Edelen, Gale, Harwood, Henremarks given to the reporter anything he kle, Hodson, Horsey, Jones, of Somerset, would not have spoken it' he had had the op- Kennard, Landsdale, Larsh, Lee, Marbury, portunity. At any rate, should he do so, Mitchell, Morgan, Parran. Peter, Ridgely, we could expunge it, and take some measures Smith, of Carroll,Smith, of Dorchester, Smith, to prevent it in the future. If the gentleman of Worcester, Stockbridge, Swope, Turner, from Baltimore city (Mr. Daniel) does not "Wilmer-37. desire to have his remarks go down to pos- Nays —Messrs. Goldsborough, President; terity any farther than they may go down Abbott, Annan, Audoun, Baker, Brooks, from his remarks yesterday, and the gentle- Carter, Cunningham, Davis, of Charles, Davis, man from Anne Arundel (Mr. Miller) does of Washington, Dellinger, Ecker, Farrow, not desire, of course I do not. Galloway, Greene, Hatch, Hebb, Hoffman, Mr. TIIRUSTON. I am o, posed to the adop- Hopkins, Hopper, Jones, of Cecil, Keefer, tion of this order, because it may lead to King, Mearkey, McComas, Mullikin, Murray, great latitude, and swell our record of de- Neg]ley, Noble, Nyman, Parker, Pugh, Robibates to an inordinate size. Be-ides that ob- nette, Sands, Schley, Schlosser, Scott, Sneary, jection, it leaves the whole Convention at the Stirling, Sykes, Thruston, Todd, Valliant, mercy of what any member may choose to Wickard, Wooden-45. write, without the Convention hearing it, or The order was accordingly rejected. having any opportunity of replying to it. Mr. BARRON. I shall vote in favor of this order, because I have noticed that in Con- Mr. STOCKBRIDGE. I desire to submit an gress gentlemen have been allowed the privi- order to the Convention for the purpose of lege ot printing their speeches. Now to me, limiting debate upon the article of the bill of speech-making is a very up-hill business, and rights now pending before this house, so there I have never indulged in much of it, and I may be a distinct understanding on all sides really think that after a gentleman has gone when the vote may be taken, and the matter to all the trouble of writing out a speech, finally disposed of. Of course, if it is thought and putting it into fair shape, he ought to best to change the time I have named in the have the privilege of putting it on the re- order, I shall have no stringent objection, alcord. Something has been said about though I designed to give as much time as I this leading to great latitude of debate. thought would be needed. I submit this Why, sir, the other day my friend from Prince order: George's (Mr. Clarke) spoke three hours, and, Ordered, That general debate on the 4th I listened to all of it that I could. Other Article of the Declaration of Rights shall gentlemen have had, some an hour and a cease at half-past five o'clock to-day; that quarter, some two hours. Now I want to the chairman of the committee that reported see them on paper afterwards; for I do not the same shall then be allowed for closing the know but what those very speeches of the discussion, such time as he may desire, not opposite side of the house may be of great exceeding one hour and a quarter, imnmediadvantage to me hereafter. ately after which the vote shall be taken upon Mr. CLARKE. In reply to my friend from the pending amendment. Should any other Baltimore city, (Mr. Barron,) I would say amendments be offered, the person offering that having had the pleasure of listening to the same shall be allowed five minutes to exhimn in the Legislature last winter, I think plain the purpose and effect of his proposed he is quite famous asan orator. He delivered amendment, and the vote shall then be taken a speech last winter of, I think, an hour in thereon without further debate. length, and I had supposed he would favor Mr. BARRON. I think that order is out of us with a speech here. order. We have already passed an order Mr. BARRON. I have all the time opposed limiting debate to an hour, and we have not anything like cutting off debate upon these reconsidered that vote yet. 4th and 23d articles. They are of vtry vital The PRESIDENT. The order of the gentleimportance, and I am willing to give as much man from Baltimore city (Mr. Stockbridge) latitude to debate upon them that gentlemen is in order at this time. The question is now may want. upon the adoption of the order. The-question was for the adoption of the Mr. CHAMBERa. I am exceedingly gratified order. to witness the disposition which seems to On this question Mr. BARRON called for manifest itself by these different orders. This the yeas and nays, which were ordered. subject which has been now debated for seveThe question was then taken, by yeas.and ral days, is evidently, in the view of the Connays, (Mr. Daniel and Mr. Miller being ex- vention, a subject of very serious importance. cused fiom voting,) and resulted-yeas 37, There has been all the time in some parts of nays 45-as follows: the House a sort of marked sensibility upon Yeas —Messrs. Barron, Belt, Berry,ofPrince the subject of the waste of time. Now, if I George's, Billingsley, Blackiston, Briscoe, correctly understand our position, we are 439 sent here without any limitation of time, to Baltimore city (Mr. Barron) says, with great discuss important questions touching the fu- liberality, let.every thing be said on this subture government of the State of Maryland. ject that can be said; keep nothing back from It is on all occasions to be witnessed that the public. I do hope gentlemen will persome individuals are very anxious to press ceive that they are carrying this matter of business through. Those generally who are restraint beyond the proper:limit; and that not speakers themselves, and who seem to be- they will not further attempt to tie down lieve that no information can be communi- those who desire to express their views upon cated by those who do speak, they are, there- this subject. fore, anxious to shorten debate. But that is Now, in order to test the sense of the Connot my view, and I do not think the Conven- vention, whether they will meet the view of tion as a body should sanction that idea. We the subject I have presented, I move to lay are here not only for the purpose of commu- this order on the table. nication to the members of this body, who Mr. STOCKBRIDGE. I hope the gentleman are to act primarily on the Constitution, but from Kent (Mr. Chambers) will withdraw we must at the same time bear in mind contin- that motion for a moment. ually, or else in my judgment a false view of ir. CHAMBERS. I will withdraw it, to althe subject is taken, that there are others to low the mover of the order an opportunity to act upon this Constitution-that it is to be reply, if he will renew it. submitted to the mass of the voters in the Mr. STOCKBRaGsE. I will renew it, though State for confirmation or condemnation.- of course I shall vote against it. Now, I hold that every member who enter- The motion to lay on the table was accordtains the idea, however vain it may be, that ingly withdrawn. he can enlighten the members of this Conven- Mr. STOCKBRIDGE. I desire to say in reply tion, or the community outside of the Con- to the gentleman from Kent (Mr. Chambers,) vention, is entitled to the opportunity to pre- as I said when I offered this order, that I do sent such views as he may think calculated not do it for the purpose of stifling debate to accomplish his purpose, and I do not think upon this question. But I considered it due it is exactly proper that that disposition in fairness to the members of the Convention should be smothered by these continual at- on all sides, that there should be an undertempts to prevent lull discussion in this House. standing as to the time at which debate should We began by limiting speeches to an hour. close upon this article, and the vote be taken. Now, such a question as this cannot be dis- There are members of this Convention who cussed by any man in an hour. I heard Mr. may be absent, if they do not know when the Webster discuss this question, and he was as vote will be taken. Yesterday, most unexable a debater as any in this country, and as pectedly to all of us I am sure, the previous able to condense his views as any man, yet question was demanded. If no order like he -made no attempt to discuss this subject in this be adopted, the previous question may the Senate of the United States in an hour. be demanded at some other time when genNor did Mir. Hayne, his adversary, attempt to tlemen are:lbsent from this Hall, and it may do so. I was present at the time and heard be ordered by this Convention. 1 thought it that discussion. We adopted the hour rule but just and proper that a distinct underhere, and then after a speech or two comes a standing should be had that at some time, proposition to shut out all debate on this sub- fixed and agreed upon on all sides, this deject, by calling the previous question. Then bate should be closed, and the vote taken. I we have a proposition for an afternoon ses- did not know who of the Convention desired sion. And now my friend before me (Mr. to discuss the question; but I designed to Stockbridge) biings forward a further propo- give sufficient time for them all to be heard. sition to stop all debate this afternoon. If five 6'clock to-day is too soon, then make 1 know there are several gentlemen here it twelve o'clock to-morrow, or five o'clock who desire to be heard upon this subject. to-morrow, or twelve o'clock day after toAnd although a member ot' the committee, morrow. Fix upon a time so that all can and considering myself entitled to be heard, speak who wish; but I do hope that someI had not proposed to debate this question thing embodying the principle contained in until everybody else had spoken who desired this order will be adopted by this Convento speak. It may, perhaps, be better for the tion, in order that those who desire to vote Convention to avoid the opportunity of hear- on this question may know the time when it ing me speak, and to shut out everybody will be necessary for them to be in attendance; else from speaking. But I speak now as and if they wish to hear the debate, they will much in bulbalf of others as of myself. I do know when to attend for that purpose. think the majority of this body are urging As I promised, I now renew the motion to this question of expedition beyond any rea- lay on the table, designing to vote against it. sonable extent. And I shall be very happy On this motion, Mr. MARuaRY called the if I can persuade them that such is the case, yeas and nays, which were ordered. and that this subject should be discussed to The question being then taken, by yeas and the fullest extent. As the gentleman from nays, resulted-yeas 36, nays 46-as follows: 440 Yeas-Messrs. Goldsborough, President; which was gone over by the great men of Belt, Berry, of Prince George's, Billingsley, twenty and thirty years ago, then we might Blackiston, Briscoe, Brooks, Brown, Cham- as well adjourn. It is not to be expected bers, Clarke, Cunningham, Davis, of Charles, that the members of this Convention shall Dennis, Duvall, Edelen, Gale, Harwood, Hen- undertake to repeat the labors of Mr. Webkle, Hodson, Horsey, Jones, of Somerset, ster or Mr. Calhoun. The people do not exKing, Lansdale, Lee, Marbury, Markey, pect us to discuss this subject fully. We can Mitchell, Miller, Morgan, Parker, Parran, do nothing more than to review the subject Peter, Smith,of Carroll, Snith,of Dorchester, / generally. We can no more undertake to Sykes, Wilmer-36. review the whole subject, than a man in a -Nays-Messrs. Abbott, Annan, Audoun, sermon of thirty minutes can undertake to Baker, Barron, Carter, Cushing, Daniel, Da- review the whole Bible. You might as well vis, of Washington, Dellinger, Earle, Ecker, expect a man to preach ten volumes upon Farrow, Galloway, Greene, Hatch, Hebb, theology, as to expect to fully discuss this Hoffman, Hopkins, Hopper, Jones, of Cecil, question. Keefer, Kennard, Larsh, McComas,.Mullikin, Mr. PUGo moved to amend the order by Murray, Negley, Noble, Nyman,Pugh, Ridge- striking out the word "' to-day," and insertly, Robinette, Schley, Schlosser, Scott, Smith, I ing the words,'; on Thursday next," so that of Worcester, Sneary, Stirling,:Stockbridge, the order would read-" debate on the 4th Swope, Thruston, Todd, Valliant, Wickard, article of the Declaration of Rights shall Wooden-46. cease at half-past five o'clock next Thursday The following explanations were made by afternoon." members as their names were called: The PRESIDENT.. The question will be first Mr. BARRON. I want to vote on this order, taken upon the motion of the gentleman from and I do not want to vote to lay it on the Cecil, (Mr. Pugh,) as involving the longest table. At the same time I want to give gen- time. tlemen full opportunity to debate this ques- Mr. CHAMBERS. One word in reply to the tion. Now, I want to state just one thing criticism made upon the remark I used, that to show how I am situated, and to explain this subject could not be discussed in an my vote. I met a man this morning who hour. I do not wish the Convention to unhad a lucrative office, in which he was get- derstand, from my makinog that remark, that ting $2,500 a year, while I am down here at it is any part whatever of my purpose to go Annapolis, getting five dollars a day. Now, over the discussion which has heretofore ocI shall vote "no" on this question at this cupied the minds of such men as Daniel time, and I am very sorry that gentlemen Webster, Colonel Hayne, Mr. Calhoun, and attempt to please their constituents by cut- others. According to my present expectating off debate. tion, without having made one solitary note Mr. VALLIANT. I vote "no" because I de- upon the subject, I shall not be upon the sire to offer an amendment to the order, if | mercy of the House to the extent of the limit the motion to lay on the table be voted down. already fixed. But there are gentlemen who The motion to lay on the table was not take a different view of the matter, and it is agreed to. not for me dogmatically to say that the deThe question recurred upon adopting the bate should be suppressed. If gentlemen order. deem it necessary, in going into this discusMr. STIRLING. I move to amend the order sion, to either repeat or add to the arguments by striking out the words, " half-past five heretofore used by those able statesmen, they o'clock this afternoon," and inserting the I ought to have the privilege of doing so. Arwords, "twelve o'clock to-morrow." I know rangements have been made for reporting a number of gentlemen who desire to'speak and printing our debates, and I do not think upon this subject, and half-past five this af- members should be limited in the way they ternoon may be cutting the time rather short. have been. However, I rose chiefly to disBut I think the time I have indicated is time abuse any individual member of this body, enough to close this debale, and I have a fair if there be any such, who may have supposed, regard for that courtesy which should always from what I said a few minutes ago in adobtain between the members of this Conven- dressing the Chair, that I had any reference tion. In regard to the suggestion that this to my own position. I have not a desire to question cannot be discussed in an hour, consume more than an hour, and not the that argument amounts to just nothing at slightest desire to enter into the discussions all. It cannot be discussed in an hour; it which occupied the attention of men many cannot be fully discussed in two hours, nor years ago. I have my opinions. and may in three hours. But the subject has already express them; but as for going over that disbeen discussed by the ablest minds of this cussion, I have not the slightest idea of doing country, until their arguments and speeches so. have becomevolumes enough to fill libraries. The question was then taken upon the moIf it is proposed that this Convention shall tion of Mr. Pugh, to so amend the order that take time enough to go over all the ground it shall read, "debate on the fourth article 441 of the Declaration of Rights shall cease at by any law or ordinance of this State in conhalf-past five o'clock on Thursday next," travention or subversion thereof." &c.; and the amendment was adopted; upon a The pending question was upon the motion division-ayes 39, noes 38. of Mr. Briscoe to strike out the word " paraMr. DANIEL moved to further amend the mount." order by striking out "half-past five," and Mr. DENNIS. Mr. President, the gentleman inserting the word " one," so that it will from Baltimore city, (Mr. Daniel,) who adread, "at one o'clock next Thursday after- dressed the Convention yesterday, said that. noon," &c. "the majority of this House have seen fit to The question was then taken, and the allow gentlemen here to ventilate their opinamendment was adopted, upon a division- ions." It seems to me that that is extraorayes 46, noes not counted. dinary language, more particularly coming The question was upon the order as from one ot the majority to the minority. I amended. for one do not stand here to speak what I Mr. THRUSTON. Would it be in order to have to say as a matter of courtesy or favor. move to amend by striking out the word I do not stand here dependent upon the will "Thursday," and inserting "Wednesday?" of the majority of this House, to speak the The PRESIDENT. It is not in order to move sentiments I may entertain. When it comes to to strike out what the Convention has put that, when the minority can speak in this hall in. It can only be reached by a motion to by sufferance and courtesy only, it will inreconsider. deed be time for the minority to leave their Mr. BAKER. moved to reconsider the vote seats here, and let the majority do their will. upon the motion to strike out the word "' to- I am here as one of the representatives of my day," and insert the words "on Thursday county, to speak for my constituents what I next." believe to be the sentiments they entertain The question was taken upon the motion upon the proposition now pending. And I to reconsider, and it was not agreed to. would not say one word here now, but for The question recurred upon adopting the the fact that in the vote I shall give, and in order as amended-as follows: the views I shall express to-day, I shall ex" rdered, That general debate on the 4th press opinions and views different from those article of the Declaration of Rights shall I have heretofore entertained and expressed. cease at one o'clock on Thursday next; that I make this statement at the outset, because the chairman of the committee that reported I have none of that pride of consistency, upon the same shall then be allowed, for closing which some gentlemen so plume themselves, the discussion, such time as he may desire, which would lead me to maintain a doctrine not exceeding one hour and a quarter, imme- simply because I once maintained it, and to diately after which the vote shall be taken continue to hold opinions simply because I upon the pendinf amendment. Should any once held those opinions. Arid I would other amendments be offered, the person of- commend to those gentlemen who may think fering the same shall be allowed five minutes they have fbund a weak point in what the to explain the purpose and effect of his pro- member from Somerset m;ay say to-day, so posed amendment, and the vote shall then be far as regards his consistency, to consider taken thereon without further debate." whether or not some of them a few years ago The question was taken, and the order as would not have hesitated to vote for the canamended adopted. didates for President and Vice President On motion of Mr. SMITi, of Dorchester, it who are now presented to the people of the was- United States for their consideration and Ordered, That it be entered on the Journal, adoption. that Alwuard Johnson, Esq., a member of Mr. President: We are now called upon to this Convention, is absent trom his seat in vote upon the 4th article of this Declaration consequence of sickness in his family. of Rights, which reads as follows: DECLARATION OF RIGHTS-ALLEGIANCE "The Constitution of the United States and the laws made in pursuance thereof, beThe convention then resumed, the consid- ing the supreme law of the land, evety citizen eration of the order of the day, being the of this State owes paramount allegiance to report of the Committee on the Declara- the Constitution and Government of the tion of Rights, which was on its second United States, and is not bound by any law reading. or ordinance of this State in contravention The fourth article was under consideration, or subversion thereof." which was as follows:. Now, sir, in other days, in the peaceful " Article 4. The Constitution of the United times of the past, when the ship of State States and the laws made in pursuance, glided calmly over the still waters, freighted thereof, being the supreme law of the land, with her inestimable cargo, when windswere every citizen of this State owes paramount low and seas were calm, and when the man allegiance to the Constitution and Govern- of Massachusetts could clasp the hand of the ment of the United States, and is not bound man of Georgia, and hail him'brother," I 29 442 was willing to follow without question and upon me, is that a reason that the hand of in faith, the teachings of Daniel Webster and power should be upon me? Is it proof of those of that school. But it has been my for- right that there is an army bristling with tune or my misfoltune to have come now to a bayonets and with banners flaunting in the different conclusion. We have been told by sky? I see it; I know it; but does it theregentlemen of this Convention, that had they fore follow that they are there rightfully? not entertained the doctrine alleged in this That is the issue, and that is the inquiry we fourth article, heretofore, the events of the are called upon here this day to make. past three years, shedding their lurid glow It is whether- the paramount allegiance of of blood and sorrow all around us; would the State of Maryland is due to the Federal alone have brought home that conviction Government. It is whether the Federal arm to their minds, and led them to give to the at Washington may be extended whenever Federal Government that paramount allegi- and wherever it may choose to be extended. ance which is here declared to be due. It It is whether might may become right. It may be my misfortune, but from the very is whether bayonets and cannon may be subsame ground, from this deep, dark scene of stituted for law. Because if the fundamental sorrow and suffering, I have come to the very law of the land does not authorize and justify opposite conclusion. I have looked at this these things, then they are wrong. You may question with as calm and dispassionate a call it government, if you choose; I call it view as I could command. I have looked as despotism. According to my idea of governI best could, into the history of the past, i to ment there is no government unless it be the history of the formation and true nature rightful, lawful, legal government. of our government, and it seems to me that Now if this doctrine of paramount allegiif the history of the past points out any path ance be true, when did it become true? It in the future that is bright and luminous, as must have had a beginning. There must unmistakable as the light of the sun in its have been a starting point at which it had an course, at noon day, it is that the doctrine of existence. The existence of the thing now is consolidation leads to despotism and blood- no proof of the rightful beginning of the shed. I believe there is no security in this thing. When did it have a beginning? land except in the continuance of State gov- When was it born? When did the paraernments. I believe there is no security in mount right and power given to the Governthis broad country for life, liberty, property, ment of the United States to do what it or anything that the individual holds dear, pleases, begin. Maryland stood one of the except it be in a strict construction of the sponsors at the birth and baptism of the Fedpowers of the Federal Government, and the eral Government. There is not a gentleman maintenance of the rights of the States. within the sound of my voice; there is not a It does seem to me, with all due deference man within this broad land, who will deny to gentlemen who have debated this question, that at one period Maryland was a free, sovthat they have not commenced at the begin- ereign and independent State. Go back to ning. Gentlemen have told us about the the beginning of this thing. When did this starry banner, about cannon loaded with doctrine of paramount power and allegiance grape and canister, pointed down the streets begin? Was it when Maryiand was a colony? of Baltimore, and have paraded that before Was it when she stood, weak and feeble it this Convention as evidence that we have a might be, but still sovereign and erect, among government. Sir, the robber who meets you the peers of the land? Was it when she was on the highway; the pirate, who, upon the a colony, with no bond of union connecting broad ocean seizes your ship, likewise exer- her with her sister colonies, with no common cises a government over you. But is it a associations binding her to them, with no government of right, of law, of reason? Is common judiciary, no common treasury, no it such a government as the people of these common army, no President, no anything States inaugurated and founded? Is it such binding her to the other colonies of America a government as rightfully wields the sceptre -was it then? Unquestionably not. over the land? I acknowledge that these She was at that early period a colony of:things were in the streets of Baltimore. I Great Britain. She had some relations with -acknowledge that the power of the Federal the other colonies, not because of any con-'Government has been felt far and near. It nection between them as colonies; not be-'is traced in characters of blood, it is traced cause she stood side by side with Pennsyl-. in acts outside of and in violation of the Con- vania, or Delaware, or Virginia; but because stitution. Its violations and usurpations she and they were colonies of Great Britain,,can be traced in the acts of Congress itself, and there was a necessary connection uniting,because Congress has attempted to legitimate them, growing out of the common relation and make rioht that which in the very effort which they held towards Great Britain as the they pronounee to be wrong in the acts of this mother country. There was no paramount administration. I said I did not think gen- allegiance to a Federal Government then, tlemen had commenced at the beginning. that is clear. Why? To tell me that the hand of power is Time went on. Causes that it is unneces 443 sary for me to enumerate led to difficulties. l Bay, to secure British America from the ravThe colonies then stood side by side, ac- age and ruin of arbitrary taxes, and speedily knowledging their allegianceto GreatBritain; to procure the return of that harmony and for as late as 1776, in the beginning of that union so beneficial to the whole empire, and year, the colonies, although then in arms, had so ardently desired by all British America." no idea of final separation from Great Britain. South Carolina-" To consider the acts Separation had not entered into their ideas. lately passed and bills depending in ParliaThe Declaration of Independence came in ment with regard to the port of Boston and 1776, and that severed the connection with colony of Massachusetts Bay, which acts and Great Britain. The colonies waged war to bills, in the precedent and consequences, resist aggressions, to repel the exercise of affect the whole continent of America, also powers which the mother country attempted the grievances under which America labors, to assume over them; among other things to by reason of the several acts of Parliament resist the payment of taxes without repre- that impose taxes or duties for raising a revsentation. Although they were separate and enue, and lay unnecessary restraints and burdistinct colonies, when the war of the Revo- dens on trade," &c. lution broke out, the:y recognized the common I will not read them all. These are enough bond that bound them to her, and side by to show that at that early day, although side they stood up in defence of their rights, there was no common bond or ligament bindas they had stood side by side in defence.of ing the colonies together, further than that the rights of the mother country, as was evi- which grew out of their common relation to denced by the commingled blood and efforts Great Britain as the mother country, yet we of all who fell in the old French and Indian find that Virginia ard South Carolina-those wars. And when blood flowed at Lexington States now so devastated, whose mountains and Concord, then indeed the hearts of this and risers are running with blood —met togreat people eeat in sympathetic response. Be- gether in Congress to aid Massachusetts. A cause Massachusetts, a sister colony, had been sweet return they have had for it I attacked, it was felt from one end of the coun- Bat it is not necessary to dwell upon this try to the other, that the wrongs of a sister point. There can be no sort of pretence that colony was the wrong of all the colonies; before the Declaration of Independence there and they sprang to arms and resisted the at- was any such thing as this paramount alletempt to injure that sister colony. The op- glance. Wherethen doesitcomefrom? Am pression of one led to the resistance of all. I pointed to the Declaration of Independence, Delegates were sent to a Congress which or to the articles of confederation, and told met in this very city. And another Congress that those articles made them one nation, was called in 1775. What did they propose and bound them together as one people? I to do? Why were they called together? answer, no, sir; because the articles themLet us read some of the declarations made by selves, upon their very face, in all their length the colonies, when they sent their delegates and breadth, negative such an idea. The to the Congress of 1774. preamble is, "Articles of confederation and New Hampshire-'" To devise, consult and perpetual union between the States" —not beadopt such measures as may have the most tween the Union, not of a nation, but " belikely tendency to extricate the colonies from tween the States of New Hampshire, Massatheir present difficulties; to secure and per- chusetts Bay, Rhode Island and Providence petuate their rights, liberties and privileges, Plantations," &c., naming the original thirand to restore that peace, harmony and mu- teen States The very first article says," The tual confidence, which once happily subsisted style of this confederacy shall be' The Unibetween the parent country and her colo- ted States of America.' " *nies." Now, for fear I may forget wit, I will say Massachusetts-" To consult on the present that is the very language used in the federal state of the colonies, and the miseries to compact upon which this consolidation idea which they are, and must be reduced, by the is founded, and from which it is derived. If operation of certain acts of Parliament re- I have time I will show this Convention that specting America; and to deliberate and de- the Congress which framed these articles of termine upon wise and proper measures to be confederation was the very same Congress by them recommended to all the colonies, for which was in session when the Declaration of the recovery and establishment of their just Independence was made and adopted. And rights and liberties, civil and religious, and Ithis language being used by the same Conthe restoration of union and harmony be- vention, under the same circumstances, under tween Great Britain and the colonies, most the same instructions from their several conardently desired by all good men." stituencies, we are bound to put the same inVirginia-" To consider of the most proper terpretation upon it. The articles of confedand effectual manner of so operating on the eration then are between the several States, commercial connection of the colonies with iand the confederacy is termed "The United the mother country, as to procure redress for iStates of America." Those articles were the much injured province of Massachusetts adopted, not by the votes.of a majority of 444 the delegates, but by the votes of a majority tion must be put upon the same language.of the States, the delegates from each State Having in the Articles of Confederation, after casting one vote. Then clearly this para- enumerating the States by name, declared mount power cannot be claimed from the ar- that the title of the Confederacy shall be ticles of confederation. " The United States of Amrerica,' it seems We come now to the Declaration of Inde- to me that the conclusion follows inevitably pendence. Let us look at the preamble of that'"The United States of America':' in the that. Is it a decleration of the people of the preamble of the Constitution meant the peoUnited States? Is it a declaration of the peo- pie of the States individually, as in the Artipie of America? Is it a declaration of the cles of Confederation. people of any country, or of any nation Did the framlers of that Constitution estabwhatever? No, sir; the language is'" The lish a nat-onal government? Did they mean unanimous declaration of the thirteen United to say that we were one people for the purStates of America." That is the Declaration poses of government enumerated in this Conof Independence. When they stated these stitution, and that the existence of the separate great fundamental truths, which gentlemen States was ignored? Where are the national have said "are obsolete ideas;" when they features in the Constitution that would sancenunciated thesefundan ental doctrines which lion and sustain that idea? Do you find it lie at the very foundation of all rightful gov- in the first article referring to " all legislaernment, they did not do it as the declh ra- tive powers herein granted?'" Does an origition of a mass, of a community, or of a free nal. inherent, existing people, existing ipso people in the aggregate. They did it as 4 the facto, by the mere force of their natural right unanimous declaration of the thirteen United as a people, does such a people, assuming a States of America,' and they signed it in the govetnment, say "all legislative power hetein same way; it was not signed in alphabetical granted?" Is that the way a Constitution is order, nor was it signed promiscuously-one made by a people existing of themselves?representative of' one Stale signing here and Sir, nationality does not grant powers. A another there; but the delegates from each nationality makes laws, not in a corduance State, under the name of the State, affixed with and because of grants of power, but betheir signatures to it, and it was adopted by cause they have the right within themselves. States. This doctrine of paramount allegi- " All legislative powers herein granted ance, then, is not to be found in the country shall be vested in a Congress of the- United as colonies, nor in the articles of confedera- States, which shall consist of a Senate and tion, nor in the Declaration of Independence. House of Represenlatives." Where, then, is the source from which it is Does the Senate present any national feaderived? The only other source is the Con- tures? Why, sir, Rhode Island and Delastitution of the United States. It is there ware stood side by side of, arid the peers of, that Mr. Webster claimed to have found it; Vircinia, Pennsylvania and New York, and and it is there that all who have followed they stand there this day, the equals of the him in the maintenance of this doctrineclaim proudest States in this Union. to find it. Now let us look at it. The pre- There was an idea which escaped me at the amble reads: tine in reference to the preamble, which I "We the people of the United States, in think is conclusive. It is this —in the first order to form a more perfectUnion, establish report th;at was made, as will be seen by refjustice, insure domestic tranquilli y, provide erence to Elliott's Debates, the preamble read: for the common defence, promote the general " We, the people of New. Hampshire, Illassawelfare and secure the blessings of liberty to chusetts Bay," &c., naming all the States.ourselves and our. posterity. do ordain and That stood adopted upon the records as the establish this' Constitution for the United preamble until the committee of revision was States of America." appointed, and that committee reported the Now,: sir, I have already said, and it can be praesent languagae: " We, the people of the shown, and with the permission of the Con- United StaLtes." Why was that chancge made? vention, I will show in the reporter's notes, Because the Convention had adopted a clause that the Congress which adopted the Articles wlich required the approval of nine States of Confederation and the Declaration of In- before the Constitution should go into operadependence, was clothed with almost the tion, and they could not say that all the seveidentical powers, was given almost the same ral Sti-ites enumerated in the preamble would instructions,- originated in the same way, adpt it. But they would be the people of operated upon by the same motives, as the the United States, or the States united, whenCongress that adopted the Constitution, and ever nine >tates should adopt the Constituthe proof of this is to be found in the " Reso- tion, no matter what nine States they were. tions'" of the several States, in Convention And there was an obvious impropriety in appointing them. They used substantially saying that the States of New Hampshire, the same language, and every consideration iMassachusetts, Rhode Island, Virginia, &c., of reason and of J[aw must lead us to the in- ordained and established the Constitution, evitable conclusion that the same interpreta- when the Constitution had not been submit 445 ted to those States, and consequently had not compelled to say it is the supreme law of the been adopted by them. Therefore it was that land? Simply and solely, and exclusively, the committee on revision changed the because my State in adopting it, adopted it phraseology of the preamble, making it to in all its parts, and it said in its adoption of read as we now find it; little dreaming, little it that it should be the supreme law of the imaginin;g, it never entering into their con- land. It of itself is not the supreme law of ceptions, that in after times, when the esx- the land. But it is the supreme law of the pounders and luminaries of' other days came land because my State has said that I should to review their work, they would find in this recognize it as such, and it seems to me that obviously necessary change of phraseology in thus transferring the services of a subject to anything that would sustain an interpreta- another, acknowledging the supremacy of tion which virtually makes the people of this another creation, we have the highest evibroad land slaves and serfs at the feet of fed- dence of sovereignty that any people or any eral power. sovereignty can possibly give. I will not detain the Convention by read- Now let us look at the ratification of this ing all the different clauses and authorities. Constitution. How wasit ratified? There is scarcely a feature in. this Constitu- " The ratifications of the Conventions of tion which is national in its character. There nine States shall be sufficient for the estabis scarcely a feature in it. that does not show lishment of this Constitution between the that the States made it, that the States are States so ratifying the same." the parties to it; that the States are the' pil- And how was it done? " Done in Conlars that uphold it, and when you strike vention, by the unanimous consent of the down the States you strike down the pillars States present." It was not done by the that sustain the edifice, and those who have people; it was not done by the mass; it was read history have read it to little purpose, if not done by a majority of the States,. or a they do not find in the long track of blood majority of the delegates, or by a majority of and desolation coming down through the the people. It was "done in Convention by dark ages to this present hour, that con- the unanimous consent of the States present, solidation always results in anarchy, despot- the seventeenth day of September, in the year ism and ruin. of oir Lord one thousand seven hundred I desire here not to be misunderstood, so and eighty-seven, and of the independence of long as'I read as I do, in the sixth article of the United States of America, the twelfth."' the Constitution of the United States this Now, sir, I have briefly gone through the language:- history of the States as colonies, the articles "This Constitution and the laws of the of the confederation, the Declaration of IndeUnited States which shall be made in pursn- pendence, and the Constitution of the'United ance thereof, and all treaties made or which States. Every body knows the extreme reshall be made under the authority of the pugnance some of the people of the differeut United States, shall he the supreme law of States evinced towards the adoption of this the land; and the judges in every State shall Constitution. In the Convention of Virginia, be bound thereby, anything in the Consti- Patrick Henry, foreseeing the difficulties tution or laws of any State to the contrary which would result from it, almost with an notwithstanding." eye of prescience glancing into futurity, So long as I read that clause in the Consti- feared the doctrine advanced here to-day. tution of the United Slates, I own and ac- Said he: " What right had those men to knowledge that the Constitution and laws of say —we, the people of the United States? the United States, and the treaties made in What right had they to arrogate to thempursuance thereof, are the supreme law of selves the power to say —we, the people of the land. But it does seem to me that the the United States, when they were not there very fact that they are the supreme law of the as the people of th- United States?" And he land is the great and incontrovertible reason argued that the doctrine of consolidation why this.doctrine of paramount allegiance, would be founded upon that very clause, and as now claimed, does not obtain. Nor is events have proved that he was correct. there any inconsistency in this position. It Some of the gentlemen have said these are is the espreme law of theland. Why? What obsolete ideas. I say they are not obsolete makes it the supreme law of the land? Is it ideas. I do not care if they have been disbedause it is written here in the Constitution? cussed by Webster, and Hayne, and Calhoun, These words were written down and incorpo- and Woodbury. I do not care if: the luminrated here before any one citizen of Maryland ous minds of the past have thrown their light was bound one iota, one jot, one little by upon these things. They are living, breaththem. They were put in here before Mary- ingissues of to-day. They haveaffected past land owed one-iota, one jot, or one tittle of generations; they lay at the foundation of reverence or obedience to this Constitution, the Government that has been founded; they or to any Federal Government whatever, be, affect us as individuals, and in our State and cause she was not then a party to the coin- national relations. And so long as I read as pact. Why am I bound by it? W. hy am I I do in the amendments to that Constitution 446 "No soldier shall, in time of peace, be branches: the executive, the legislative, the quartered in any house without the consent judicial; separate, distinct and co-ordinate of the owner; nor in time of war, but in a branches, and whether it be peace or war, manner to be prescribed by law." whether the sound of the shuttle be heard in " The right of the people to be secure in our workshops, or the clangor of arms and their persons, houses, papers and effects, the implements of war engaged in shedding against unreasonable searches and seizures, our brothers' blood, my doctrine is that the shall not be violated; and no warrants shall Constitution and laws in this country remain issue but upon probable cause, supported by the sa me, and were it the Father of his Counoath or affirmation, and particularly describ- try, the immortal Washington himself, I ing the place to be searched, and the persons would not intrust him with the discretion or things to be seized." and the power of setting aside the law, and "No person shall be held to answer for a substituting arbitrary will as has been done. capital or otherwise infamous crime, unless on A government has been well defined to be a presentment or indictment of a grand jury, the body of fundamental laws of a State; the except in cases arising in the land or naval power or authority which rules a community. forces, or in the militia when in actual service And when the doctrine becomes established in time of war or public danger; nor shall any that the power which rules a community is person be subject for the same offence to be put not a government of law, but the mere adtwice in jeopardy of life or limb; nor shall ministrator of he law, then woe to the liberties he be compelled, in any criminal case, to be of the people. witness against himself, nor be deprived of The question has been raised, and it is an life, liberty, or property, without due process important question-where resides the right of law; nor shall private property be taken to judge of the infractions of the compact? for public use without just compensation." My friend from Prince George's, (Mr. Belt,)' In all criminal prosecutions the accused discussed that question in so able and lumishall enjoy the right to a speedy and public nous a manner that it is really unnecessary trial, by an impartial jury of the State and to argue it any further. The co-ordinate district wherein the crime shall have been powers of this government being the legislacommitted, which district shall have been tive, the judicial, and the executive, I ask, previously ascertained by law, and to be in- how can any one department constitute a formed of the nature and cause of the accusa- sovereignty? If there be any sovereignty, tion; to be confronted with the witnesses it is the sovereignty of all. And I ask how against him; to have compulsory process for in reason can one part of it be made paraobtaining witnesses in his favor; and to have mount,superior,and the judge over the others? the assistance of counsel for his defence." In an ably written pamphlet by John Lowell,'' The powers not delegated to the United of Massachusetts, he asks this question: States by the Constitution, nor prohibited by "Is there no constitutional right in the exit to the States, are reserved to the States ecutive, judiciary, and people of the several respectively, or to the people." States, to judge whether the militia are, or I say, so long as I read these things in the are not, constitutionally called into service? fundamental law of the land, as the condi- In whom, from the very nature of the limitations upon which the States acceded to the tion in the Constitution, reposes the ultimate federal compact; and so long as I believe I right to judge whether either of the three live under a government of law, then so long cases, (to execute the laws of the Union, shall I, for one, protest against the doctrine suppress insurrections, and repel invasions,) which will lead toa consolidation of all pow- provided by the Constitution, does exist? er, and make might the measure of right. We answer, generally in the constituent, not I perceive, Mr. President, that I must in the delegate; in the master, not in the abridge very much what I had intended to servant; ultimately in the people, (of the say. There is in this fourth article either a several States,) principally from the necessity fatal doctrine or a nonsensical doctrine: of the case in the commanders-in-chief of the "Paramount allegiance to the Constitution several States. The very idea of limitation and government of the United Stltes." I excludes the possibility that the delegate say it embodies and means either a fatal er- should be the judge." ror or an absurdity. Do gentlemen mean to Why, sir, who is the delegate? Have we tell me that the Constitution and laws of this sunk so low? Have we become so abject? land, and the government of this land, are Has indeed the spirit of slavery pervaded and separate and distinct things? Do gentlemen permeated this broad land to such an extent mean to tell me that the government of this that the powers that rule, in opposition to country is the administration? Do they the well established doctrines of all republimean to tell me that there is one thing, the can governments, are the masters? Sir, my Constitution and laws, and there is another doctrine is that the people are the masters; thing, the government? I acknowledge no and the powers that rule are the mere represuch doctrine. My doctrine is that the gov- sentatives, in the language of this writer, the ernment in this country consists of three servants of the people. 447 There lived some years ago in the State of "That the Constitution was a compact, Georgia, one of the purest and best men that not between solitary individuals, but between ever graced the halls of Congress. I speak political societies, the people, notot America, of John McPherson Berrier.;What does he but of the United States-each (State) ensay? joying sovereign power and of course equal I" Forty years of successful experiment rights." have proved the efficiency of this government Thus it differs from a State Constitution, to sustain us in an honorable intercourse which is a compact so far as it can be called with the other nations of the world. Exter- a compact, between individuals. It is a comnally in peace and in war, amid the fluctua- pact between sovereignties. tions of commerce and the strife of arms, it Mr. Madison says has protected our interests and defended our "On examining the first relation, it aprights. One trial, one fearful trial remains pears on one hand, that the Constitution is to be made. It is oneunder theapprehension to be founded on the assent and ratification of which the bravest may tremble, which the of the people of America, given by deputies wise and the good will anxiously endeavor to elected for the special purpose; but on the avoid. It is that experiment which shall test other, that this assent is given by the people, the competency of this government to pre- not as individuals composing one entire naserve our internal peace, whenever a question tion, but as composing the distinct and indevitally affecting the bond which unites us as pendent States to which they respectively one people shall come to be solemnly agitated belong. This assent and ratification is to be between the sovereign members of this Con- given by the people, not as individuals comfederacy. In proportion toitsdangersshould posing one entire nation, but as composing be our solicitude to avoid it by abstaining on the distinct and independent States to which the one hand from acts of doubtful legisla- they respectively belong. It is to be the astion, as well as by the manner of resistance sent and ratification of the several States deon the other, to those which are deemed un- rived from the supreme authority in each constitutional. Between the independent State —the authority of the people themselves. members of this Confederacy, sir, there can The act, therefore. establishing the Constitube no common arbiter. They are necessarily tion, will not be a national but a federal act." remitted to their own sovereign will, de- Mr. Patrick Henry, in the Virginia Conliberately expressed, in the exercise of those vention, objected to the words-" We, the reserved rights of sovereignty, the delegation people of the United States, " lest it might be of which would have been an act of political supposed that it meant the inhabitants of all suicide. The designation of'such an arbiter, the States as one homogeneous mass or agwas, by the force of invincible necessity, gregate. Mr. Madison replied to him: casus omissus among the provisions of a con- "' The parties to it are to be the people, stitution conferring limited powers, the inter- but not the people as composing one great pretation of' which was to be confided to the society, but the people as composing thirteen subordinate agents created by those who distinct and separate sovereignties." were intrusted to administer it. I earnestly Now, sir, one word upon this doctrine of hope that the wise and conciliatory spirit of coercion. llMy theory is that this is a govthis government, and of those of the several ernuent of consent. The people found a States, will postpone to a period far distant difficulty in getting along together under the the day that will summon us to so fearful a old articles of confederation, and to remedy trial. If, indeed, we are doomed to encoun- those difficulties they met together in Conter it, I as earnestly hope it may be entered vention, peaceably, quietly, and by consent upon in the spirit of peace, and with cher- they adopted this Constitution. By it they ished recollections of former amity.'' gave certain powers to the federal authority, Glorious words and well worthy of such a and within the limits of that grant of power man. There is one other authority upon the federal authorities can rightfully go and this point which I wish to read. no further. Outside of it they dare not step. "The secession of a State from the Union Outside of it they cannot step rightfully, depends upon the will of the people of such legally. When they transcend those limits State. The people alone, as we have al, eady it is usurpation, and usurpation is despotism. seen, have the power to alter the Constitu- I said it was a government of consent. I say tion." — WilliameRaswle, of Pennsylvania, 1825. so still. And I say that if a condition of Perhaps the governing spirit of the Con- things ever arises in this country not provention tthat framed the Constitution, the one vided for by law, one of three things must who left his impress more deeply upon it happen: the fundamental law must either be than any other, unless indeed it be Mr. Mad- amended in the mode prescribed by itself, or ison, was Gouverneur Morris. What does the States must be resolved into their origihe say about the Constitution? IBe declares nal condition, or the Federal Government that it was a compact between the States, and becomes a despotism by the assumption of not a compact between individuals scattered undelegated and unauthorized powers. One over the whole Union. These are his words: of these three things must happen. 448 Now, sir, was the power ever given to the of Representatives, January 31st, 1861, used Federal Government to coerce a State, to the following language: carry the sword and slaughter, flame and " Now, for one, I am not ready yet to take ruin and the devastation incident to war the responsibility of absolutely closing the against a recusant State? You cannot find door of reconciliation. I cannot persuade it in the grant. You may look through it, myself to forget the warnings that have debut it is not there. Not only is there an ab- scended to us from many of' the wisest and sence of any such grant, but here is a case best statesmen of all time against this rigid where we are enabled to prove a negative. and haughty mode of treating great disconThe power to do this very thing was asked tents. I cannot overlook the fact that in the for in the Convention and it was denied, it days of our fathers, the imperious spirit of was r'fused to be given. Therefore we are Chatham did not feel itself as sacrificing any not left to wild cojecture on this subject, of his proud dignity by proposing to listen to because being asked for and refused, it can- their grievances, and esen to concede every not by any possibility be implied. Now, upon reasonable demand long after they had placed the subject of coercing a State by physical themselves in armed resistance to all the force, Alexander Hamilton said: power of Great Britain. Had George the I'It has been observed,to coerce the States Third listened to his words of wisdom, he is one of the saddest projects that was ever might have saved the brightest jewel of his devised. A failure of compliance will never crown. He took the opposite course. He be confined to a single State; this being the denied the existence of grievances. He recase, can we suppose it wise to hazard a civil jecterd the olive branch. History records its war? Suppose Massachusetts or any larger verdict in favor of Chatham and against the State should refuse and Congress should at- king." tempt to'compel them, would they not have Mr. President; the doctrine that I am eninfluence to procure assistance, especially deavoring to maintain has been styled and from those States that are in the same situa- denounced a democratic dloctrine. I am one tion as themselves? What a picture does of those who never advocated democracy in this idea present to our view? A complly- my life until the last gubernatorial election. ing State at war with a non-complying My life, so far as it has lasted, has been whig State; Congress marclling the troops of one first, whig last, whig all the time, until the State into the bosom of another;' the State whig party ceased to exist. And I say here collecting auxiliaries and forming perhaps now, that I am no democrat in the old party a majority against its federal head. Here is sense of the word. I act with them now. a nation at war with itself. Can any reason- because in my conscience, before high heaven, able man be well disposed towards a govern- I believe they are the only party in this land ment which makes war and carnage the only true to the Constitution and the Union. I have means of supporting itself?-a government none of that spirit about me which leads me that can exist only by the sword? Every to take a course opposite to that which I such war must involve the innocent with would go, simply because somebody else the guilty. This single consideration should chooses to travel the same road. be sufficient to dispose every peaceable citi- Four years ago I had the honor to be placed zen against such a government." upon an electoral ticket for this State. To George Mason, of Virginia, said: the best of my ability I bore aloft the stand" The most jarring elements of nature, sin ard of Bell and Everett, inscribed with the and malice, are not more incompatible than words " Constitution, Union." Where now such a mixture of civil liberty and military are those two men? One of them, in charity execution. Will the militia march from one I am bound to believe, battling under the State into another in order to collect the starry flag he loved so well. The other, a arrears of taxes from the delinquent members refugee from his home, and kindred, and of the republic? Will they maintain an army everything that makes life dear, in vindicafor this purpose? Will not the citizens of tion of principles, which I am equally bound the invaded States assist one another till they to believe, touch the very innermost cords of rise and shake off the Union altogether." his heart. In that canvass I took the ground, The PRESIDENT here announced that the and I avowed it publicly in Worcester, and hour had expired. Somerset, and Prince George's, in Allegany, On motion of Mr. BERRY, of Prince George's, and Harford, and wherever I went, that if I the member was allowed fifteen minutes fur- was chosen one of the electors of this State, I ther time. would vote for Breckinridge or Douglas, or Mr. DENNIS. I thank the Convention for anybody else that would insure the defeat of their courtesy, and will endeavor not to tres- Lincoln. I did it because I believed then, and pass upon their attention over the time now. believe now, that his nomination and election allowed me. or the nomination and election of any man I will quote one other authority. The upon a purely sectional basis, not looking present minister for this country in Great for, not asking for, not expecting a vote in Britain, Charles Francis Adams, in the House the other States of this Union, simply be 449 cause it was across a dividing line-that that Chief Justice of the United States'? A man was ipso facto to all intents and purposes, a whose life has been one of usefulness, who is dissolution of the Union. Therefore it was now bending beneath the weigoht of his three that I would have voted for anybody to de- score and ten years, and trembling upon the feat Mr. Lincoln. Nor am I alone in that very verge of that grave to whi(h we are all opinion. fasthastening. It did seem: to me that in " If we of the northern States will not vote consideration of the position and of tl-e age for a southern man, merely because he is a -of the fi'al account which that venerable southern man;and men of the south will not justice must soon render to the Judge of. all vote for a northern man, merely because he the living, he might at least have been spared is a northern man; and if that principle is to these censures, because the chief justice debe carried out in all our national politics, cided a point which came before him leoitiwhat must be the result? Disunion. That mately in the progress of a cause. It has itself is disunion. You may disguise and been said the point was not before the court, cover it up as you please, but that it will be. and that he went outside of the record to deIt may be regarded as the first step in die- cide it.. Sir, whether or not that question was union, but its consequences follow as inevi- before the Court, was one of the: very points tably as fate. One section-the north or the raised and discussed in that- "D:red Scott south-must always' have the majority. ease," and that it was there properly is as Disfranchise all upon the other side, and the much a part of the decision as any other part Union cannot hold together a day; it ought of it. not to hold together upon such conditions a I wanted, some days ago, in the course of day.". this discussion, to respond to an allusion Now, do gentlemen want to know who which was made to the late Legislature of this said this? It is a gentleman of whom we State. I was a member of that Legislature. have all heard; it is the hero of Vienna; the The'strong hand of power, without law, late Maj. Gen. Robert C. Schenck. without right, without justice; in defiance of There are some things which have been as- all law, in defiance of States' rights, in deserted in the progress of this discussion, that fiance of every principle of justice, was laid I could have wished had not been asserted. upon that Legislature, and some of its memI believe., as the late President of the United bers were sent'to Fort Warren. It was herStates did, that there is no power in this aided throughout the length and breadth of Government to wage war rightfully against this land that they were secessionists, that a recusant State. I believe that is casus onzis- they -intended to carry Maryland out of this sus; the power not having been given, it Union. Sir, as a memberof that Legislature, cannot be rightfully exercised. And because knowing I believe every member of it, and Mr. Buchanan took that view, and acted upon intimate with the most of them, I say the his conscientious convictions of duty, as we charge is false, come it whence it may. A are bound to believe, we have heard heaped petition came up from Prince George's county, upon his head anathemas and denunciations asking. that the Legislature pass an ordinance such as I have rarely ever heard. I am not of secession. The very same day it camne into his apologist or his defender; I did not vote the House it was referred to a committee, for him; I did notsustain his administration. consisting of Mr. Walli-, Mr. Long, myself, But when he, an aged man, having discharged Mr. Briscoe and Mr. Compton. The commithis term of office, under the convictions of his tee immediately met, and on the same -day duty, his oath, and the responsibilities at- presented the tbllowing report: taching to his station-when, because of the TO the exercise of what he believed his duty in that To the onousble e Sea eeates: respect, he has been assailed in terms of vi- tuperation, of denunciation and abuse, and "The Committee on Federal Relations, to they are echoed back by the response of whom has been referred the' memorial of two " amen" by the gentleman from Howard, hundred and sixteen voters of Prince George's (Mr. Sands,) I could not help thinking that county, praying the Legislature (if in its the hatred, the spleen, the venom evinced in judgment it possesses the power) to pass: an those remarks, fitted those gentlemen for any- ordinance of secession without delay,' ask thing else than the position of censor. Cer- leave respectfully to report that in their judotainly they evinced very little of the. spirit ment the Legislature does enot possess the of Him who, when reviled, reviled not back power to pass such an ordinance as is prayed, again. and that the prayer of the said memorialists There was another gentlemen from Palti- cannot, therefore, be granted. more city, (Mr. Cushing,) who used the ex- S. T. WALLTS, pression-that the Chief Justice of the United EDWARD LoNG States had stultified himself. Judge Taney JAMES U. DENNIS, had stultified himself And has it it come JAMES T. BlRscoE, to thi's that any one in the rage and spirit of BARNES:COMPTON." party can thus pronounce sentence upon the Which. was adopted.. 450 That was the response of the Legislature to Maryland stood as a sponsor at the baptism that petition. And it is one of those rare of this Constitution. She did so, in times of cases in the history of nations, people, and peace, quiet and prosperity, when our foreindividuals, where a negative can be proved. fathers looked out upon the future with hearts I say the time has not come to write the his- of hope, when their eyes were gladdened with tory of that Legislature. The passions of the prospective scene of happiness which the hour are raging; the strong hand of force opened up before them. Maryland to-day rules. Law has ceased for the time being to stands sponsor to the same Constitution, exist; because martial law is no law. Mili- though she is being baptised in blood and fire tary law, which now domineers and rides for herregeneration and puritication. She has over this land, prostrating every right, break- never changed, whatever her sons may have ing down every liberty, outraging every re- done. Maryland fromn the beginning has lation of society —that is not law; it is the stood firmly, unalterably devoted to the Conabsence of all law. It is the exercise of stitution and the laws of the country. brute force; it is the power of the bayonet. I have very few authorities to quote. AuLaw is not found in the steel and in the tborities have been presented here in imsword; but it is to be found in the sover- mense number, and will be again presented, eighty of the people expressed through the of the history of the confederation and of the ballot-box. And I venture the prediction adoption of the Constitution, in my mind too that, though the voice of reason cannot now conclusive to admit of a single doubt. The be heard, the day will come when the name very first words of the articles of confederaof the martyr Wallis will be held in venera- tion look to a perpetual Union. The gentletion and regard, because he had the courage man from Somerset has marie an argument and manliness, in the face of and in defiance against the right which we are contending of power, to utter bold truths, to prefer truth for, upon the ground that the delegates from rather than the favor of power. the different States signed the Constitution as Mr. BARRON. Will the gentleman inform delegates from the, different States. Mr. us why the Legislature went into secret ses- Everett puts that matter entirely at rest in a sion? very few words: The PRESIDENT. The gentleman from Bal-' " THE DECL&ARATION OF INDEPENDENCE REtimore city (Mr. Barron) is not in order. COGNIZES A PEOPLE. Mr. SMITE, of Carroll. I propose as briefly "But this all-important principle in our as I can to address myself to the consideration political system is placed beyond doubt, by of the question before the Convention, which an authority which makes all further arguis one that has not only excited elaborate, ment or illustration superfluous. That the eloquent and instructive debate here, but has citizens of the British colonies, however diengaged the attention of some of the greatest vided for local purposes into different governminds in this country for the last half century. ments, when they ceased to be subject to the While I do not flatter myself that I can en- English crown, became ipsofacto one people lighten the minds of this Convention or of for all the high concerns of' national existany part of it, I feel that I should not be ence, is a fact embodied in the Declaration of thoroughly discharging the trust reposed in Independence itself. That august manifesto, me by a confiding constituency, if I did not the magna charta, which introduced us into upon this occasion represent, their views. I the family of nations, was issued to the had fashioned out in an unmethodical way a world, so its first sentence sets forth, because plan of argument; but it has been almost en- "a decent respect for the opinions of mantirely superseded by my friend from Somerset kind requires " such solemn announcement of (Mr. Dennis.) He and I have run upon par- motives and causes to be made, " when in allel political lines in several respects. We the course of human events it bhcomes neceswere both electors for Bell and Everett. sary for one people to dissolve the political There were inscribed on the banner which we bands which have connected them with anbore aloft, visible throughout the State from other." Mr. Jefferson Davis, in his message Worcester to Allegany, three distinct propo- of the 29th of April, deems it important to sitions —" The Union, the Constitution, and remark that, by the treaty of peace with the enforcement of the laws." The latter Great Britain, " the several States were each branch my friend in his political changes has by name recognized to be independent." It entirely forgotten; but it is the most im- would be more accurate to say that the portant of them all; for a Union and a Con- United States each by name were so recogstitution without the power somewhere to nized. Such enumeration was necessary, in enforce the laws, would be a mere chimera. order to fix beyond doubt which of the AnThe doctrine propounded in this arti- glo-American colonies, twenty-five or six in cle is that we owe a paramount alle- number, were included in the recognition. giance to the Government of the United But it is surely a far more significant circumStates. Argument, history, and author- stance, that the separate States are not named ity, all convince my mind that this is not in the Declamation of Independence, that they a new question. My friend has said that are called only by the collective designation 451 of the United States of America; that the of the most inveterate, as he was one of the manifesto is issued "' in the name and by the ablest opponents to the adoption of the Conauthority of the good people " of the colonies, stitution; who looked upon this bug-bear of and that they are characterized in the first consolidation as insurmountable, before the sentence as "one people." ratification of the Constitution, and boldly There was at first a compact between the asked, in the language read by my friend States. There was then no power in the cen- from Baltimore city (Mr. Thomas,) the other tral government to make a requisition upon day: those States which would have been complied "I have the highest veneration for these with. Each one of those States had the others gentlemen; but, sir, give me leave to demand, at its mercy. Each might have refused to what right had they to say We, the people? unite in a common effort to resist invasion or My political curiosity, exclusive of my anxrepel an enemy. It was discovered that it ions solicitude for the public welfare, leads was necessary to create a more perfect and me to ask, who authorized them to speak the perpetual Union; and the Convention of language of We, the people, instead of We, 1787 was called, and a Constitution was pre- the State?2 States are the characteristics and pared to supersede in many important partic- the soul of a confederation. If the States be ulars the articles of confederation, which had not the agents of this compact, it must be failed to answer the purposes which their one great consolidated National Government founders had proposed and expected they of the people of all the States." would answer. That Constitution framed by In reply, Gov. Randolph says: the Convention was submitted to the people, " The gentleman then proceeds, and inand without a single exception the thirteen quires why we (the Convention of which he colonies, as a people, ratified and established it. was a leading member) assumed the lanNot only that, but there went out of that guage of' We, the people?' I ask, why not? Convention which framed the Constitution, a The government is for the people; and the letter unanimously passed, and sent out as a misfortune was that the people had no agenpart and parcel of the Constitution, as an ar- cy in the government before * e * * i gument to the people, that they might under- What harm is there in consulting the people stand exactly the principles incorporated in the on the construction of a government by Constitution, as an inducement for them to which they are to be bound? Is it unfair? vote for and ratify it. Mr. Grundy said in Is it unjust? If the government is to be the Senate of the United States, in debate: binding upon the people, are not the people " That it was not intended by the framers the proper persons to examine its merits or of the Federal Constitution that the States defects?" should retain their entire sovereignty, is Mr. Pendleton says: manifest from the language of the letter, "But an objection is made to the form; which was adopted unanimously by the Con- the expression,' We, the people" is thought vention, and transmitted with the Constitu- improper. Permit me to ask the gentleman tion to the old Congress-the language is, who made this objection, who but the people'It is obviously impracticable in the Federal can delegate powers? Who but the people government of these States to secure all rights have a right to form government? The exof independent sovereignty to each, and yet pression is a common one, and a favorite one provide for the interest and safety of all. with me. The representatives of the people Individuals entering into society must give by their authority, is a mode inessential. If up a share of liLerty to preserve the rest.' the objection be that the Union ought to be From this it appears that the Convention well one, not of the people but of the State govknew that the instrument.they had formed ernments, then I think the choice of the deprived the States of a portion of their sov- former very happy and proper. What have ereignty. and argument is employed to recon- the State governments to do with it? Were cile the States to the surrender. they to determine, the people would not, in " In the same letter there is the following: that case, be the judges on what terms it was'In all deliberations on this subject, we kept adopted." steadily in our view that which appears to Mr. Webster, that grandest mind that ever us the greatest interest of every true Amer- glittered in the galaxy of American statesican-the consolidation of our Union, in manship, has left on record his opinion of which is involved our prosperity, felicity, the reasons why the articles of confederation safety, perhaps our national existence.' " were superseded by the Constitution: It was determined that there should be a "It appears to me, Mr. President, that the union of these States for the benefit ot the plainest account of the establishment of this whole States; that each Slate in its sovereign government presents the most just and philocapacity, so far as it was concerned, should sophical view of its foundation. The people give up to the General Government for the of the several States had their separate State general good, a part of that sovereignty governments, and between the States there which it otherwise would have possessed. also existed a confederation. With this conThe gentleman has quoted Patrick Henry, one dition of things the people were not satisfied, 452 as the confederation had been found not to will be pointed at the men who deserted their fulfil its intended objects. It was proposed, posts in the hour of trial, and left their seats therefore, to erect a new, common, govern- in Congress to uphold the foul flag of treament, which should possess certain definite son. My friend from Somerset (Mr. Dennis) powers, such as regarded the prosperity of has made the admission-an unfortunate one the people of all the States; and to be formed for him-that when he was a Bell and Everett upon the general model of American Consti- elector, when he was advocating those printutions." ciples upon which was founded the very temThose men who framed this Constitution, ple. of our government: "The Union, the to whotn all succeeding ages, as well as ours, Constitution, and the Enforcement of the owe an everlasting debt of gratitude, foresaw Laws," he wouild.have voted for Mr. Breckthat it would be impossible to keep this na- inridge in order tohave prevented the election tion together as one indivisible, indissoluble of Mr. Lincoln. Was not Breckinridge as whole, unless the States gave up a part of sectional a candidate as Lincoln? Does any their State sovereignty, and made theGeneral one suppose that his nomination had any Government supreme. They knew that a other object than to defeat the election of Constitution and laws affecting a vast amount Douglas, and thus aid Lincoln's election to the of territory, could not apply with equal jus- Presidency? And when Mr. Lincoln was tice to all; and they knew that if it was pos- elected by the exercise of the same privilege sible for one State to disregard the bonds which had elevated to the Presidential chair, which united these people together in one solid Washington, Adams, and every one of the whole, all their labors would be in vain, their Presidents down to 1860, the power of the hopes blighted, and the government would be government was in the hands of the Demonothing but Dead Sea fruit when you came cracy, a name which has done-more harm, a. to enjoy it, turning to ashes onr the lips. party which has perpetrated more wrongs So that from all the authorities-and they than any other which has ever existed in this are innumerable-I take it that there cannot or in any other land, in my best and candid be such a thing as State sovereignty in con- opinion. flict with the Government authority. When Mr. Lincoln was in the Presidential chair, it was prohibited to the States to enter into but tied up and restrained by all manner of treaties, to carry on commerce, to coin money, bonds. The Senate was against him; the House to estimate and fix its value, to unite in any was against him; the Supreme Court was alliance with any other State, that established against him. He could not, if he had desired the fact that they could not be sovereign. it, have moved hand or foot in the invasion of The very proposition was absurd on its very any of the rights of the South; for he was face, ex vi termini, of a sovereign exercising checkmated upon all sides by the Democratic its:functions and its rights, only with the con- party. sent or by the bidding of some other power. But this scheme had been going on for long Can a State make treaties? Can a State keep years. It was started by Mr. Calhoun; but a navy or an army? Can a State coin money? the strong arm of Andrew Jackson then nipCan a State collect revenue by duties with- ped treason in the bud. It was: still unout the consent of Congress? quenched, and the fires burned concealed, The idea of consolidation, it seems to me, is until a pretext was afforded by the election of a mere chimera and delusion. It was so pro- Lincoln, a sectional candidate against a secnounced by Mr. Madison, the author of the tional candidate, when Democracy had-lost its celebrated resolutions of Virginia, in 1788; power to reign. If Democracy could have and Mr. Madison replied to Patrick Henry, been clothed in purple and fine linen and and said there was no danger of such consol- fared sumptuously every day, and could have idation, because the interests of the govern- monopolized all thie offices of the government, ment, the prosperity of the government, and there never would have been sufficient cause the welfare of the government, were depend- to break up the Union, but all would have ent upon the welfare of the States; and there come in under Douglas or Breckinridge, would be such a community of interest be- and shouted hosanna to the Union, just so tween the State and General Government long as they could have made it subservient that there would never be any oppression of to their purposes. [Applause.J the States by the General Government. But what have they done? They started Besides that, there was an appeal to be made. this rebellion, and the institution in whose The Supreme Court of the United States is interest they professed to be acting, has rethe arbiter to decide such questions. Amend- ceived its death-blow. They started a conments to the Constitution can be proposed. federacy, a nation founded on slavery, which The people at the ballot box have the right to never had an existence with the consent of change their rulers. They have the right to the North, except under and by the Constituplan the policy of the government. Various tion. Although it was opposed to the moral different ways are provided by which the hand sentiment of the North, yet there were a large of oppression can be stayed. And by all suc- majority that were ready to uphold it because ceeding generations, the finger ofeternalscorn it was recognized by the Constitution. Even 453 Mr. Giddings, the leading power of aboli- believed the calling of that Legislature totionism in the North, has again and again, on gether would develop the plans which we the floor of Congress, reiterated the assertion knew were maturing in the State, and give that he never had attempted and never would the people an opportunity to see the danger attempt to interfere with the existence of' that was impending over them. Gov.; Hicks slavery in the States, which was a matter to never did a better thing in his life, a thing be regulated entirely by themselves. But for which the people of the State and the they have aroused the spirit of the North and Union ought to thank him more heartily, of the loyal South, and they have inflicted a than when he assembled that Legislature in death-blow upon their own institution. It the city of Frederick. has fallen, if it has fallen at all, in the house- The first thing that was done there in the hold of its own friends, Actaeon eaten up by Senate-I am only speaking of the Senatehis own dogs; and they cannot blame any one was to place on the record a solemn declarabut themselves. tion that we had no constitutional right as a My friend has alao alluded to another chap- Legislature, to secede. We spoke out on that terin his history, in which I bore an humble subject at once, and said that the apprehenpart. Before coming to that, however, I may sions that were entertained that that Legissay that the doctrine of States' rights is, that lature would pass any act by which the State the people of each State have a right to de- could secede, were entirely visionary. Every termine their destiny for themselves. But in one knew that the Legislature had no power this matter of secession, this horrid and cruel to control the destiny of the State in this madness, they have not followed their own matter. If any power could do it at all, it doctrine. They have disobeyed it. Will any was a Convention; and " the majority" did man tell me that the people of Virginia had not think it was exactly the time for even a any say in the matter of secession? Will Convention to be called. What did they do? any man tell me that the people of Kentucky, Scarcely a week elapsed before they produced Tennessee, Alabama and North Carolina, a bill the most remarkable in its features that would to-day be in rebellion, if it had not has ever been produced in the halls of Ameribeen for the most infamous tyranny, in which can legislation; " a bill for the peace and their rights were entirely overlooked; in safety of the people of Maryland." Why, which the juggernautic car of despotism the people of Maryland were at peace with all rolled over the prostrate necks of men who the world and " the rest of mankind." The would have died rather than yield to the safety of the people was involved in the supmiserable wrong, the infernal crime of break- port and sustenance of the Government of the ing up this government, and tearing their United States. The arm of Gov. Hicks, brave States away from the only security they have old man, was attempted to be paralyzed, anid ever had? They have not permitted the the power was to be given into the hands of people to say whether they will or will not a Committee of Peace and Safety of the State adhere to this government. They have, as of' Maryland. Mr. Mason, the pendulum commy friend from Baltimore city (Mr. Cushing,) missioner, who oscillates between France and the other day very justly and pathetically England, was there to enlighten our humble said, strung the railroads of East Tennessee minds upon these important subjects, and rewith the dangling bodies of martyrs; men mained until he was advised by a Committee whose blood is the seed of the church, through of Peace and Safety of the loyal people, that whose broad aisles shall ever echo the grand he had better leave, which he very unceremocry of American redemption, the battle cry niously did. of American freedom. [Applause.] What was the object? What was the neI come now to speak of the Frederick Leg- cessity of striking down the Executive power islature of 1861. I have nothing to say about of the State of Maryland? What had Gov. that branch of the Legislature in which my Hicks done, eicept to stand up as a mighty friend was. He was in the House: I was in the wall of fire against the efforts of the secesSenate. If you will read the history of that sionists and their sympathizers to carry this Maryland Legislature, it is writtenupon there- brave old State and lay her down prostra'e, cord, and it cannot be erased. My friend says and torn and humbled and degraded into the that in after time it will be read by a different lap of that pink and miracle of modesty, light. It will be; and the light of truth will Christianity and purity, Jefferson Davis. He ever condemn the men, in the Senate at least, had done that, and in doing it he had exeited who dared to act as that body did in their at- the wrath and the ire of all those people.tempt to drag Maryland into the chaos of Taking up this precious volume, (the Journal Jefferson Davis's tyranny. We all know, of the Frederick Legislature,) and reading it and the people of Maryland know, that Gov. over from beginning to end, you will find Hicks was again and again beseiged to call that resolutions were passed sympathizing the Legislature together. I united in that with everybody who was in the least intercall at last. The President of this Convention fered with. Mr. Merryman who was chtarged united in it; and I believe almost all the with having assisted in burning the bridges Union members united in it; because they on the Northern CentralRailroad, waslooked 454 upon as a martyr to the violation of that It is. this doctrine, the enforcement of which grand habeas corpus which was the right of at Frederick I believe in my honest heart the citizen; and Mr. Winans, who was ac- would have been established, but for the fact cused of being actively engaged in building that the gentlemen were awaiting events, guns and furnishing munitions of war to the which did not transpire to their satisfaction; Southern Confederacy, was also regarded as and the government at last felt that it was a martyr of the same sort. bound for self-protection to do what it did. At the time of the meeting of that Legisla- All acts of violence receive at my hands ture, there was at Harper's Ferry, within a reprobation. I would that not one single distance of twenty-five miles, a beleaguering man in this State, or woman in this State or army, invading the territory of the State of land, had been curtailed of liberty. I take no Maryland, a foreign army, an army in rebel- pleasure in seeing any one incarcerated. I lion against the authority of the United cannot boast of it with any feeling of delight. States. Members knew it; for a large I would that all these scenes were passed number of them, on the Sabbath day, which away. But who brought them upon us? should have been devoted to rest, went Not we who are hereto-day tryingtosupport there and paid their respects to that mil- the government of the United States, but itary general, and they came back safely. those who are in active rebellion, and those They knew that army was there in oc- who sympathize with the rebellion. Even if cupancy of the soil of Maryland; and yet this proposition had never been put into the not a single word was written in this book, Constitution: even if we are mistaken in (the Frederick Journal,) in condemnation of supposing that this is a government of the the forcible, violent and rebellious occupation people, and that supreme sovereignty rests in of this State. They can say, it is true, that the national government, and a qualified soythe passage of the troops through Baltimore eignty in the State government. Yet the on the 19th of April for the protection of the very scenes our eyes now look out upon, the capital of the Nation, was an invasion; they very groans which make our hearts ache with can arraign the President of the United States agony, compel me to believe that it would be and all those in authority with him as having a wise thing and the best thing for Maryland trodden down the Constitution and the laws to inaugurate such an era in her history, and that they were sworn to support and admin- say, as she said truly with all the induceister. But not one word have they ever said ments and allurements and instigations prewhich could be tortured into a disapproval sented to her to go with the South, that whatof the occupancy of Maryland Heioghts by ever the fate of this Union may be, she will soldiers in the service of the State of Virginia, be with it forever, through good and through and in the service of the rebellion of the ill report. [Applause.] South. Why this difference? It was not Mr. President, there never was, in my estionly gentlemen either in the Senate or the mation, a more flagrant violation of right House; but the cry has been caught up by and propriety than that committed by genevery man opposed to the Union, North or tlemen of the Senate of Maryland and of the South. House, when they as a committee stated to Mr. Lincoln, whatever his faults or his vir- Mr. "President" Davis, in Montgomery, his tues may be, needs no eulogiumat my hands, then capital, that the p!ople of Maryland needs no criticism from me. He has the hbar- were enlisted with their whole hearts upon dest task imposed on him from the beginning the side of reconciliation and peace, and were that has ever fallen to the lot of any man. I for the immediate recognition of the Southbelieve he is honest. I believe he is trying ern Confederacy; to whom Mr. Davis replied to do the best he can. While his enemies are in the following terms: that he was glad trying to disconcert his efforts, and criticis- Marsland has held out her hands beseechinging every act of his, I think it is the duty of ly, and the cry has come up to him from every patriotic men to uphold and sustain down-trodden, prostrate Maryland to come to him in what he is doing to assist in the re- her relief; that she would be received with storation of this government. [Applause.] open arms when she came, but the true policy But has not Mr. Davis done any of the for him and his government was to be let acts charged upon Mr. Lincoln? Why do alone. we not hear of the suspension of the habeas He has a strange plan of letting things corpus and the great violation of the Cqnsti- alone. We all knew that the people of Virtution in the South? Why do we not hear ginia, by a vote of 40,000 to 60,000, had reof the wholesale conscription by which feeble pudiated the rebellion heresy, and had said boys and tottering old men are dragged into they would have no part or parcel with the the rebellious army? Tearing down the grand rebellion, and it was only by the firing upon old flag our fathers reared is not unconstitu- Fort Sumter, arousing a wild sectional feeltional. But we hear nothing at all about ing, and exercising the most merciless tythese things. Mr. Lincoln is the grand une- ranny and despotism, that she was ever qualled villain, and Mr. Davis a saint of brought, or that her sisters were ever brought light, in their estimation. to the point of the degradation which has 455 been following her like the ghost of Banqnuo touch of the hand that is vanished, and which will not down at any bidding, ever they will have that sweet communion which since, and will follow her until the Federal will be but a prelude of a higher life far haparms are successful again, and she is restored pier and eternal, after the scenes and strifes to the Union from which she was thus ruth- of this world are over. lessly torn, We cannot thus tear ourselves remorselessly My friend from Prince George's (Mr. Belt) from the memories of the past. We can go the other day drew a painful picture of the and look at the. Bunker Hill monument that desolation of Virginia. He spoke of women rises to meet the sun in his coming, feeling and children out on the hills near Fredericks- that we have an inheritance there, as well as burg, watching the flames of their own dwell- any other people. We can go down to Mount ings ascending to heaven. I sympathize with Vernon, and gaze where George Washington the misfortunes of those who were thus situ.. lies, abiding in the gratitude of his countryated. I say again, as I said just now, I have men, and feel that we have no right to stand no delight in such scenes. But the gentleman there and say that he was all Virginian; but forgot to draw the reverse:of that picture. He that he was the father of his whole country; forgot to go down in those dungeon-holes of and that the Marylander, the Massachusetts Richmond, where strong men are confined in man, and the Maine man, and the Ohio man, all the damp vapors of their cells. He forgot to have a right in his history, in his glory. go to Belle Island, over the entrance of which Men from Maine and from Massachusetts can ought to be written the celebrated inscription come here and gaze upon that scene depicted which Dante represented as written over, the there, [the painting in the Hall,] Washington gate of-the infernal regions, "who enters laying down his commission, and go away here leaves hope behind," where he might without faltering and saying, "we thought have seen brave men, ready to go to the that was a picture in which we had a right to cannon's mouth without fear, weak and trem- participate; but it is not so. Massachusetts bling and cowardly, bow before the resistless is an independent State. She has no authormarch of the demon starvation. He might ity that Maryland wishes torn away from her. have gone a little further and represented to But her common history is banished; and us the remorseless butchery of Fort Pillow, though in the Revolution, and in the war of which made a carnival of death, and where 1812 and'14, and though -in the Mexican chivalry was canonized among the saints of war, with linked shields we marched against darkness. These are pictures he forgot to the foe, yetwemust with bowed head go forth draw; but truth will write them upon the from that majestic presence and acknowledge pages of history for the consideration of those that it is for Maryland alone." It cannot be; who shall come after us. it cannot be. There can be no peace until this wild and false When this nightmare of despotism and ruin theory of State rights is exploded, and the au- is passed away, all these things will be righted. thority of the Government is fully recognized, People's minds will be restored to their proper until the insult upon her flag has been wiped balance, their hearts to a proper appreciation out, until her power has been vindicated all of the right, and an appreciation of the over her territory. When that is done, when wrongs which they have suffered; and at last the people, the mistaken American people, i there will grow out of this trouble, the great carried away by the ambition of their leaders, eternal " Peace, be still," and over the clouds have come back, they will be received with wel- shall come again another bow,-as- true as that come arms. It is an error to suppose that which in the olden time past, signified there there is a wide gulf, an impassable barrier be- should be no more flood, saying there shall tween one section and the other. We are be no more war, but peace, prosperity and united by too many interests to be thus drag- happiness,.an earthly trinity shall sit enged apart. What God has joined together throned without a rival in this land forever. let not man rend asunder, seems to be written Mr. JONES, (of Somerset.) The brief artiupon the stars as they twinkle upon the riv- cle which is under consideration by this Conulets as they roll down with harmonious mu- vention, I desire to read, with the view of resic to the sea. I believe as they come back, calling the attention of the Convention to the they will appeal for enjoyment and protection question which is really before us, because it to this Government, and will never yield is to that only that I propose to address my their destinies again to the hands of wicked remarks. The article reads thus: men. As the brightest lightnings are kindled AnT. 4. The Constitution of the United in the darkest clouds, so out of all this horror States and the laws made in pursuance thereof of civil commotion and anarchy, there will being the supreme law of the land, every citicome peace, calmness and quiet and rest. zen of this State owes paramount allegiance The mother cannot forget her dead. The to the Constitution and Government of the father's heart will ever ache with agony at United States, and is not bound by any law the loss of his child. But in dreams will come or ordinance of this State in contravention or to them the sweet and comfortable solace of subversion thereof. the sounds of the voice that is stilled, and the If I mistake not, the real question which is 456 before the Convention, is on the motion to ernments, which claims the obedienceof every strike out I' paramount" before " allegiance," citizen. in -the fourth line. The article commences I have taken occasion to look into this with a quotation, as I suppose it was meant question, and see if any precedent has been to be, of a clause in the Constitution of the set in any instance in the Bill of Rights of United States, which clause is in these any State from 1776 down to the present words:. time. Mly worthy friend from Anne Arun" This Constitution and the laws of the del, (Mr. Miller,) alluded to the same thing, United States which shall be made in pursu- and said that in most of the States the oath ance thereof; and all treaties made or which was to support the Constitution of the United shall be made under the authority of' the States. I have madea tabular view, showing United States, shall be the supreme law of the oaths prescribed in the several State Conthe land; and the judges in every State shall stitutions. be bound thereby, anything in the Constitution or laws of any State to the contrary OATHS. notwithstanding.". No oath of office is prescribed by the ConI not only subscribe to: everything stated stitutions of Pennsylvania, Virginia, North in that article, that "the judges in every Carolina, Ohio, Missouri, Arkansas, WisconState shall be bound thereby," but I subscribe sin-'7 States. to an extension of that language, and say that The oath prescribed in the Constitutions of every citizen of every State of this Union shall the following States is "' to support the Conbe l ound thereby. I have no objection to stitution of the United States and of the incorporating such a declaration, if it shall State," viz: Maine, Connecticut, New York, be the pleasure of the Convention, in our Bill New Jersey, T'ennessee, Indiana, Louisiana, of Riglts, although I do not think this is the Mississippi, Alabama, Michigan, Iowa, Caliplace for it, and although.I find no precedent fornia, Minnesota, Oregon and Kansas-15 of' its incorporation in any Bill of Rights or States. Constitution of any State. I recognize the The oath prescribed in the Constitutions of truth of' that declaration in its full effect, in the following States is " to preserve, protect its full obligation upon the conscience and and defend the Constitution of this State and upon the good faith of every citizen of the of the United States," viz: South Carolina, land. Illinois and Florida-3 States. But the learned Committee that reported The Constitutions of Vermont. Rhode Isit will permit me to take exception to the land and Kentucky: prescribe an oath "to be logic which attempts to draw from that trueand faithful" to the State -and Rhode clause the doctrine which is here incorporated, Island and Kentucky adds: and to support that every citizen. of this State owes para- the Constitution of the United States-3 mount allegiance to the Constitution and States. Government of the United States. In Texas the oath is " to discharge the My objection to that article in the first duties of the office agreeably to the Constituplace is, that nowhere have I found the doc- tion and laws of the United States and of this trine taught that allegiance is due to the State-'1 State. Constitution or the law, or the Gove-rnment, The Constitutions of the States of Massaif it is taken in its technical sense. If it is to chusetts, New Hampshire, Maryland and be enlarged lo its meaning in European gov- Georgia.prescribe an oath of " allegiance" to erunments, it is not to the law, or to the Con- the State-Maryland adds in the beginning stitutional Government, but to the Sovereign, of the oath,' that I will support the Constithat the tie ot allegiance binds the obedience of tution of the United States-4 States. the subject. If it is to be taklen in the sense of Oath in Constitution of Maryland, 1776. obedience, for that I apprehend is principally Article 55. the sense in which it is used in our State c"I, A. B., do swear that I do not hold myConstitutions, and in ordinary language here, self bound in allegiance to the King of Great then I say that paramount allegiance is rnot Britain, and that I will be faithful and bear due to the Constitution or to the laws, but to true allegiance to the State of Maryland." the people. Paramount obedience is due to Oath in th -Constitution of Maryland, the mu keurs of the Constitutions aLid the lawvs. 1850. Therefore it is that Constitutions and laws I"ThatI will support the Constitution of pa-s away and are changed. It is to the au- the United States, and that I will be faithful thority over Constitutions and laws, to the and bear true allegiance tothe State of Marypeople, that paramount obedience is due, if it land and support the Constitution and laws be due anywhere. Therefore it is that I oh-. thereof." ject to the phrase which is attempted to be in- There are then only four States which recorporated h-re, that supreme allt gianceis due quire an oath of allegiance, which I have either to the Constitution or to the Govern- stated to be synonymous with obedience; ment; for it is the paramount authority of and in those States itis allegiance to the State, the people over Constitutions and over Gov- meaning the people of the State that have the 457 ruling power. The phrase is used in the with respect to citizenship which has arisen Constitution of Maryland in 1776-and no from the dissolution of the feudal system; doubt the framers of that Constitution in sep- and is a substitute for allegiance, correspondarating from Great Britain and dissolving ing with the new order of things. Allegiance the tie of allegiance they had acknowledged and citizenship differ indeed in almost every to George III, deemed it necessary that there characteristic. Citizenship is: the effect of should be a supreme authority to which alle- compact; allegiance is the offspring of powgianceshould be due-and they substituted er and necessityr. Citizenship is a political the State of Maryland for George II in the tie; allegiance is a territorial tenure. Citioath of allegiance. And although the Con- zenship is the charter of equality; allegiance vention of 1850, composed of able men, re- is a badge of inferiority. Citizenship is contained that phrase, they retained it in the stitutional; allegiance is personal.. Citizenform in which it was adopted in 1776, of ship is freedom; allegiance is servitude. Citiallegiance to the State of cMaryland and not to zenship is comwunicable; allegiance is rethe Constitution and laws of Maryland. pulsive. Citizenship may be relinquished; With reference to this whole subject, to allegiance is perpetual. With suchessential show that the term allegiance is inapplicable differences, the doctrine of allegiance is inapto our system of government, I beg leave to plicable to a system of citizenship, which it read a synopsis of the doctrine as contained can neither serve to control nor to elucidate.'" in the argument of three eminent counsel, In- One would suppose that if there was any gersoll, Dallas and Du Ponceau, in 3 Dallas. place in which this doctrine of allegiance " With this law, however, human institu- could be found, if it was in accordance with tions have often been at varian;ce; and no in- the intent of the framers of the Constitution stitutions more than the feudal system, which of the United States, it would be in the Conmade the tyranny of arms the basis of society; stitution itself. chained men to the soil on which they were Is there any requisition in any oath of ofborn; and converted the bulk of mankind fice, that any officer shall bear allegiance to into the villeins or slaves of a lord or supe- the Government of the United States or to the rior. From the feudal sy'stem sprung the people of the United States? for that would law of allegiance; which pursuing the nature be more appropriate. If allegiance is due at of its origin, rests on lands; for when lands all to any party except the individual State were all held of the crown, then the oath of of which the party is a citizen, it is due to allegiance became appropriate: It was the the whole people of the United States, upon tenure of the tenant or vassal. [Black. Com. the very doctrine and authority which the 366.] The oath of feality and the ancient gentleman insisted upon, that the Constituoath of allegiance was almost the same; tion originates in the will of the people of the both resting on lands; both designating the whole United States, as one homogeneous mass, person to whom service should be rendered; and not of the people of the several States. ihough the one makes an exception as to the If that doctrine be true, then allegiance or superior lord, while the other is an obliga- obedience being due to the paramount aution of fidelity against all men. [2 Black. thority, it is due to the people of the United Com. 53, Pal. 140.] Service, therefore, was States. Look at the requisitions which are also an inseparable concomitant of fealty, as made in the Constitution of the United States. well as of allegiance. The oath of fealty could What is the oath which the President is renot be violated without loss of lands; and as quired to make? It is to preserve, protect and all lands were held mediately or immediately defend the Constitution of the United States. of the sovereign, a violation of the oath of What is the oath that is required of all civi allegiance was in fact a voluntary submission andjudicial officers of the several States, to to a state of outlawry. Hence arose the secure fidelity from them to the supreme law doctrine of perpetual and universal allegiance. of the land? It is that they will support the When, however, the lightof reason was shed Constitution of the United States. That is upon the human mind the intercourse of what the framers of the Constitution deemed men became more general and more liberal; to be the extent of the obligation, as they the military was gradually changed to commer- made it the solemn form of the oath, to supcial state; and the laws were found a port the Constitution of the United States. better protection for persons and picrperty There is therefore nothing in the Constitution than arms. But even while the Iractical ad- of the United States to justify the idea conministration of government was thus reform- tended for in this article. There is no claim ed, some portion of the ancient theory was in the Constitution to paramount allegiance. preserved; and among other things, the doc- I most respectfully submit to any gentleman trine of perpetual allegiance remained with who has read the debates in the Convention the fictitious tenure of all lands friom the Crown that framed the Constitution of the United to support it. Yet, it is to be remembered, States, or who has read the debates in the that whether in its real origin or in its arti- several Conventions of the States that considficial state, allegiance as well as fealty rests ered and adopted the Federal Constitution, if upon lands, and it is due to persons. Not so anywhere, from the first page to the last, he 30 458 can find any countenance for this proposition ceeding ten miles square) as may, by cession that paramount allegiance is due to the Fed- of particular States and the acceptance of eral Government. I go further, and call to Congress, become the seat of government of your minds the jealousy that existed within the United States, and to exercise like althe States with regard to delegating many of thority over all places purchased, by the conthe powers that were proposed to be delegated sent of the Legislature of the State in which to the Constitution of the United States. the same shall be, for the erection of forts, Look through the debates from the beginning magazines, arsenals, dock-yards, and other to the end, and see what difficulty the needful buildings." framers of that Constitution would have had The Constitution not only gives authority to encounter in getting it adopted, if such a to purchase with the consent of the States, proposition had been incorporated in it. Is but they specially hedge it round that they there a man who believes that there. is a soli- shall not ptrchase within their limits amd betary State which would have adopted it with come the holder of enough land to build a such a provision in it? Not one, judging lighthouse, or a dock-yard, or even a fort for from the debates which were cotemporaneous the protection of the country, without the aswith the Constitution. sent of the State Legislature first had and obIs it possible in the nature of things, look- tained. ing at the powers of the Government of the This doctrine is fully recognized in the case United States, and looking at the powers of before the Supreme Court of the United States the government of the several States, that any involving the grant of land in Alabama. 3 such idea can be entertained? Where is the Howard, 212. The Supreme Court expressly mass of the powers of government delegated say that Alabama, over all her rivers, and by the people to their agents? Is it in the bays and harbors, and over every foot of soil Federal Government? The powers of the within her boundaries, had eminent domain federal Government are few and specific, and which was supreme; and the Federal Govmainly external, relating to our intercourse ernment could not grant one foot of it, or enwith foreign nations. Look at the mass of ter upon it for agy purpose, without the aspowers delegated by the people to their State sent of the State Legislature first had and governments. obtained; that although not one of the origiThe idea, as laid down in that authority, in nal thirteen, but formed out of the public Dallas, is that allegiance is due, and is con- lands, yet when admitted she was admitted nected with the idea of ownership and juris- with equal rights with the old thirteen States, diction over land. If this right of eminent and had the right of s.ayino how far the Feddomain is to be the criterion of allegiance, eral Government should enter upon their terwhere does it exist? Has the Federal Govern- ritory; and therefore within her territory ment, from the time of its foundation down not a foot of land could be occupied without to the time of these unfortunate difficulties her consent. that are now upon us, ever claimed the right They go further and say that not only has of going into a solitary State of the conted- the Federal Government no such municipal eracy, to appropriate one foot of land for any jurisdiction, but has not the const;tutional purpose whatever by an act of Congress with- capacity to exercise it, except in the cases out the assent of that State previously had where it is expressly granted. It has not the and obtained? Was any such right dele- right of eminent domain anywhere. Even gated to the Federal Government? That is the public lands are held in trust. for the pura test to show what was the idea of the pose of forming new States out of them. It framers of the Constitution. If this govern- has no right to appropriate them except in ment is paramount, if the citizen owes para- the way the trust requires, for the purpose of mount allegiance to it, then it has paramount settlement to form new States to be admitted jurisdiction over the soil on which he lives. upon an equality with the old States. Is any such idea contained in the Constitu- The right of eminent domain, upon which tion of the United States? It was known depends the right to appropriate to public that the Federal Government must have dock- purposes all the property within the State, yards, navy-yards, forts, lighthouses, to carry belongs to the State, and not to the United out its powers of regulating commerce. This States. The Government of the United States was known, contemplated, and provided for. has the right of taxation, which the ConstituBut was that Government vested with au- tion prescribes, and which is concurrent with thority to go where it pleased, and appro- the State governments. But it has no right priate land fora dock-yard, or to build a fort, of eminent domain, no right to appropriate or a lighthouse, or any other needful build- private property to the public use in any ipg, without the assent of the States? By mode except by taxation. The State may do no manner of means. The Constitution did it, because the State power is paramount. not leave the subject in doubt; but among The State may do it, because the,State is soythe enumerated powers of Congress is this: ereion, and has never stripped herself of the "To exercise exclusive legislation, in all powtcr which belongs to her as a sovereign cases whatsoever, over such district (not ex- State. 459 You tell me that I owe paramount alle-. to the jurisdiction of the State of Maryland giance to a Government that in time of to put them in possession of it. If real peace can afford me at my home no sort of property, or personal property, or personal protection, not even for the enjoyment of life, reputation, were invaded, they looked to the liberty and property; that has not an organi- State government to pro!ect them. The Fedzation, a court, or an officer to whom I can eral Government was powerless to do it. In appeal for protection when my rights are in- all those home privileges involving, life, libvaded. WAhere ha' e the citizens of Maryland erty and property, they looked to the State from 1776 down to 1860-for I do not intend government. It was only in the case of a to allude to the unfortunate difficulties that ship upon the ocean, and for protection have occurred since that period, any more abroad, that the Federal Government afforded than may be absolutely necessary, as I do not the slightest protection to the citizen of Marylook upon the exciting topics which have land since the formation of the Constitution. been touched upon by other gentlemen as When a citizen thus lives under the protecgrowing out of this subject, or as appropriate tion of his own State, does he not owe alleto this discussion —where have they looked giance to that State? Can it not command for protection to life, liberty and property? him, and all that is his, whenever the public If I were the owner of ships engaged in com - exigencies require it? merce upon the high seas, and my rights had Mr. SANDS. If' the gentleman will permit' been invaded by foreign nations, I should me, I will ask him this question. Does he look to the Federal Government for protec- agree to the statement that the slave property tion; and why? Because that Government of the State of iMaryland was worth fifty milhas been instituted by the authority of the lions of dollars? To whom did you look for sovereign State of Maryland, and has had the protection of that species of property, to powvers delegated to it by Maryland and other the State or Federal Government, in case it States, for these external purposes, to demand took wings and flew beyond the limits of the redress of foreign nations, and protect me in State? Who returned it, the State or the the enjoyment of my rights as a citizen. I Federal Government? am taxed to support that Government; and Air. JONES, of Somerset. For any invasion it owes me protection because of the delegated of the right to that or any other species of powers which the State of which I am a citi- property within the State, we looked to the zen has given to it. State government for protection and for reGentlemen talk about restrictions being dress. When that property escaped and went placed upon the States. Who placed the re- into the free States, we looked to the Federal strictions upon the States? Will any gentle- Government, under the sanction of the Conman tell mne that any authority outside of the stitution that Maryland herself' had adopted, State has placed restrictions upon the State of and looked to the good faith of the North Maryland? She put the restrictions upon plighted to her that it should be restored. herself, in adopting the Constitution of the Mr. SANDS. That is, you looked to the United States, freely and voluntarily, by the General Government. vote of the people. She never acknowledged Mr. JoNEs, of Somerset. And whether the the right of any other power, since she sepa- North has kept the faith she plighted, I subrated from King George, to bind her in the mit to the gentleman. least, beyond what the sovereign people of Mr. SANDS. As the question is submitted the State havea greed upon and plighted their to me, I will sayfaith to uphold. There is no tie, no bond, Mr. JONES, of Somerset. There will be anno sanction, that requires any obedience on other occasion for comparing notes with the the part of the citizens of the States to any gentleman upon that subject, as I do not proother government, except what has been con- pose to touch upon it now. It is in a differceded and agreed to by the people of the ent article of the Constitution, and when that ~states in their adoption of the Constitution comes up we will talk about it. of the United States. Mr. SANDS. Very well, sir. We have a State government clothed with Mr. JONES, of Somerset, resumed: My colfull authority to afford protection to life, lib- league (Mr. Dennis) this morning gave the erty and property. We have an executive; history and assigned the true reason why the we have a judiciary extended throughout the States were not named in the Constitution. State; we have civil officers, sheriffs, and all But I intended to give the reason for the that are necessary for a perfect government, incorporation into the Constitution of this with full powers delegated to it by the peo- provision, that " this Constitution and all ple. It was to that government and to those laws which shall be made in pursuance officers, that during the period to which I thereof, and all treaties made or which shall have alluded, prior to 1860, the citizen be made by the authority of the UnitedStates, looked for protection. If their lives had been shall be the supreme law of the land." Beassailed, the law of the State of Maryland fore the adoption of' the Constitution of the was vindicated by the punishment of the of- United States, the States had Constitutions fender. If property was invaded, theylooked and laws conflicting with the powers that 460 -were delegated to the United States Govern- bate, and I should be glad to have it pointed ment. There was no power under the old out. I therefore submit, in the absence of confederation to punish treason against the any such authority, and in view of the opinUnited States. That power was in the State ions to which I have invited the attention of governments. The State governments had the Convention, the word "allegiance" is to laws punishing treason against the United be used as synonymous with "obedience, States and against the old States. I think and it is due to the people of the several Pennsylvania had three sorts of treason in her States, as sovereign communities, and that laws; and no doubt other States were simi- support, defence, protection and obedience is larly circumstanced. When the Constitution due to the laws and Constitution of the United of the United States was formed, and it was States, and the treaties of the United States, deemed expedient to define the crime of trea- according to the provisions of the clause son against the United States Government, which I have quoted; and there is no conflict, and give the punishment of it to Congress, was and can be no conflict, provided the several it not perfectly manifest that in this case, as in departments, the several servants of the peoall other cases where the la'ws of the State gov- pie, obey the charter of their righ ts and powernments conflicted with the powers delegated ers, and do not come unnecessarily into collito the Government of the United States, the sion. There is no such thing as paramount laws ofthe State governments must necessarily and subordinate allegiance no such idea. give way? It was necessary that the different that i have ever seen entertained anywhere. States should modify their own laws to make There is local allegiance and national allegithem conform to the Constitution of the a.nce, although I donotunderstand that there United States. One single clause covered the is paramount allegiance and subordinate alwhole matter. They agreed that the Consti- legiance. I do not understand' that it is tution, and the laws and treaties made in due, except to the highest sovereign power. pursuance thereof, should be the supreme law There can be in one community but one of the land, because there could be no other sovereign power. There cannot be two. This way to attain this object. The power of the does not at all detract fiom the power, the people to make these laws in the several States dignity, the efficiency, or the usefulness of the had never been doubted. These Conventions Government of the United States, that it is a which adopted the Constitution of the United limited power, that it is an agent of the sevStates were above the State governments, and eral sovereign States, in all the magnitude had the right to say that all these laws that and magnificence of its foreign and external had previously existed as State laws on these powers delegated to it, and of its domestic subjects, and all the provisions relating to powers which are also delegated to it.. Itexthem in the State Constitutions, should be ists, because brought into being by the people abrogated, so far as they might conflict with of the several States. The Constitution of the powers delegated by the Constitution of the United States sustains and furnishes it the United States to another department of with all the powers it exercises, because the the Government, people of the States so will it. That was the reason that clause was adopted, Therefore the Government of the United to prevent any conflict. When it was so States is perfectly secure in the affections and adopted, there was but one law. There are obedience of the people of the several States, not two laws; not a paramount law and a so long as the Government of the United.subordinate law. There can be but one law. States keeps within the powers delegated to The Constitution and the laws made in pur- it, and so long as it affords the people the pro-:suance thereof are the law, and the only law. tection which that government, in its forma,-'There cannot be anything in the laws or con- tion, was designed to afford. This idea of stitutions of the States to conflict with this paramount authority and paramount allegilaw; for if there were, by the very terms of ance has received no sanction from any statesthe Constitution, it would be a nullity, and man. On the contrary, it is expressly negamust be pronounced null and void. tived by statesmen of both schools, for it is I therefore submit to gentlemen upon the well known that there were two schools, two other side, that I have not heard, from the political opinions, of State and Federal powbeginning of the debate to the present time, ers, before the Constitution was formed. one solitary authority, one solit'ary saying of Even in the first Congress that framed the any statesman, of any commentator upon the articles of confederation, during the whole Constitution, or of any individual who has period of the existence of that confederation, been known as deserving of consideration for during the period of consultation in the Conhis legal opinions of constitutional law in this ventiori that framled the Constitution, during country, for the doctrine that is now at- the period of the Conventions which adopted tempted to be incorporated in the bill of the Constitution, and from that time to the rights. If there has beenanysuch authority, present, there have been two parties, one if there has been any such suggestion from holdingto the paramount necessity ofstrengthany source, I most respectfully submit that I ening the arm of the Federal Government, and have not heard one syllable of it in this de- the other insisting upon the necessity of main 461 taining the rights of the States unimpaired, And even Mr. Webster in his great speech, and in full vigor as essential to the preserva- in 1830, in reply to Mr. Hayne, said: tion of liberty. These are the parties that'The people of the United States have dehave existed, and have come down to us, and clared that this Constitution shall be the suwe are divided upon precisely the same prin- prerne law. We must either admit the propociple. From their different standpoints, men sition or dispute their authority. The States in all parts of the country have looked at the are unquestionably sovereign, so far as their question; one party looking at the jedlousy sovereignty is not affected by this supreme of the States and thinking it necessary to law. But the State Legislatures, as political strengthen the arm of the Federal Govern- bodies, however sovereign, are yet not soverment, and the other looking at the danger of eign over the people. So far as the people consolidation and tyranny, and thinking it have given power to the General Government, necessary to protect the States against the ac- so far the grant is unquestionably good, and tion of the Federal Government. It is the the government holds of the people and not of point upon which the parties have been di- the State governments. We are all agents of vided, and upon which they are divided the same supreme power-the people. The still. General Government and the State governLooking at this question, I maintain that ments derive their authority from the same it is a very great error to suppose that there source. Neither can, in relation to the other, are two governments here. The people of be called primary, though one is definite and Maryland have but one government. The restricted, and the other general and residState government is its domestic government, uarv." for its domestic affairs. The government at There is the authority of Mr. Webster, the Washington is as much its government as the leader of the school of those who are for givhome government. It is its agent, not ex- ing to the Federal Government every power elusively I admit, but it is just as much its that by any fair and legitimate construction government, as though its own powers as a can possibly be claimed for it. Mr. Webster sovereign were not distributed to the two de- did not claim any right of paramount allegipartments. The fact that it is the agent ance to the General Government from the also of many other sovereign States, does not people of the States. He admitted that' neiat all impair its power, or its authority, or its ther can, in relation to the other, be called identity as a part of our government. The primary," or paramount. The government powers it exercises over Maryland are by the at Washington is but the agent of the people consent of the people of Maryland. The pow- of the several States; and it is perfectly imers it exercises over the people of any other material whether you say it was ordained by State are by the consent of the people of that the States, or by the people of the States. State. There is really btlt one goverament. Mr. Madison has shown that when the word They are different departments of the same "States" is used in reference to the formagovernment. When this idea takes possession tion of the Constitution' of the United States, of the mind, and is run out to its logical con- it means the people of the States. What else sequences, gentlemen will see how easy it is constitutes a State? I give the definlti n of to confound the idea of paramount and subor- a Greek, beautifully paraphrased by a British dinate allegiance, by losing sight of the great poet: fact that there is really but one, and that is the government of the people of the State in Not high raised battlement nor labored which the parties live. I know Mr. Webster held the doctrine that there are two govern- Thick wall, nor mated gate, ments, instead of two departments of the Notcities fair, with spiresandturrets crownd same government. Mr. Jefferson puts the ot bays and broad-armed ports, matter in its true light in this extract: Were an or " With respect to our State and Federal, ghing at the storm, rich navies Governments, I do not think their relations Not starred and spangled courts are correctly understood by foreigners. They Where low-bowed baseness wafts perfume to suppose the former subordinate to the latter. pride I This is not the case. They are co-ordinate No imen high-minded men departments of once simple and integral whole. Men who their duties know; But, you may ask, if the two departments But know their rights, and knowing dare should claim each the same subject of power, maintain where is the umpire to decide between them? In cases of little urgency or importance, the Prevent the long-aimed blow, prudence of both parties will keep them aloof crush the tyrant when they burst the from the questionable ground; but if it can These constitute a State." neither be avoided nor compromised, a Convention of the States must be called to ascribe My learned friend from Anne Arundle (Mr. the doubtful power to that department which Miller) read a paragraph from Mr. Seward's they may think best." despatch to Mr. Adams, dated April 10th, 462 1861, in which Mr. Seward professes to speak which the organic law can, if it be needful, the sentiments of the President, and I have be revised, so as to remove all real obstacles to no doubt lie did, and I trust the President a reunion so suitable to the habits of the peomaintains them yet; and therefore they ought p e and so eminently conducive to the comto be agreeable to the majority of the Con- mnon safety and welfare." vention, for their party have nominated him That was the position taken by the Adminfor re-election, and I hold that they are com- istration, April 10, 1861. I believe there has mitted to sustain the President and the Sec- been no additional power conferred upon the retary of State and the views they here enter- Federal Government since that time, either tain. Here is the remedy that was contem- by a convention of the States, or by amrendplated by the President in April 10, 1861: ments submitted to the States or ratified by:'The so-called Confederate States, there- three-fourths of them through their State,egfore, in the opinion of the President, are islatures. I might quote the authority of the attempting what. will prove a physical im- same despatch, as the gentleman from Anne possibility. Necessarily they build the struc- Arundle (Mr. Millel) did yesterday, to show ture of their new government upon the same that Mr. Seward spoke of allegiance due to principle by which they seek to destroy the the State and Federal Government, but Union, namely, the right of each individual claimed no paramount allegiance to the Fedmember of the Confederacy to withdraw from eral Government. it at pleasure and in peace. A government If any gentleman desires to see the distinct thus constituted, could neither attain the and separate character of the colonies disconsolidation necessary for stability, nor tinctly set forth, I will refer Mhim to Rawle on guaranty any engagements it might make the Constitution, page 18, and to Story on with creditors or other nations. The move- the Constitution, page 163. ment, therefore, in the opinion of the Presi- "Though the colonies had a common orident, tends directly to anarchy in the seceded gin and owed a common allegiance, and the States, as similar movements in similar cir- inhabitants of each were British subjects, they cumstances have already resulted in Spanish hlad no direct political connexion with each America, and especially in Mexico. He other. Each was independentofall the others; believes, nevertheless, that the citizens of those each, in a limited sense, was sovereign within States as well as the citizens of the otherStates, its own territory. There was neither alliance are too intelligent, considerate and wise to fol- nor confederacy between them. The assemlow the leaders to that disastrous end. For bly of one province could not make laws for these reasons he would not be disposed to reject another; nor confer privileges which were to a cardinal dogma of theirs, namely, that the be enjoyed or exercised in another, further Fedeial Government could not reduce the seced- than they could be in any independent foring States to obedience by conqalest, even although cign State " he were disposed to ques ion that proposition. I will not delay the Convention by any But, in fact,' the President willingly accepts it further remarks upon the separate character as true. Onl? an imperial or despotic govern- of the colonies. But I will state the fact that ment could suzbj/gate thoroughly disaffected and the history of these colonies will show that insurrectionary members of the State. This like their forefiathers, they had a tenacity for federal republican system of ours is of allforms their local customs and habits, and privileges of yovernmelt the very one which is mnost un- and rights. This marked the very first confitted for such a labor. Happily, however, test in Maryland in which they were engaged this is only an imaginary defect. The sys- after they settled in this country, when there tern has within itself adequate, peaceful, con- were but a handful of them, and each man ervative and recuperative forces. Firmness represented himself in the first General Assemon the part of the government in maintaining bly held at St. Mary's. The colonists at St.and preserving the public institutions and Mary's passed laws which the lord proprieproperty, and in executing the laws where tary refused to sanction, claiming that they authority can be exercised without waging ought to have originated with him, and the war:, combined with such measures of justice, colonists rejected the laws sent over to them, moderation and forbearance as will disarm maintaining that they had the right of origireasoning opposition, will be sufficient to se- nating them; and it was a year or two before cure the public safety until returning reflec- that matter was settled finally; and finally tion, concurring with the fearful experience the lord proprietary had to yield precisely as of social evils, the inevitable fruits of faction, George III subsequently had to yield upon a shall bring the recusant members cheerfully similar point. They insisted upon the right back into the farm.ily, which, after all, must to self-government. And from that time, prove their best and happiest, as it undeniably 1632, down to the present tinme, there has is their most natural home. The Constitu- been nothing to strip thecolonists of the right tion of the United States provides for that that they then asserted. It was not attempted return by authorizing Congress on applica- after that controversy with Lord Baltimone. tion to be made by a certain majority of the He conceded to them the power of making States, to assemble a National Convention, in their own laws, and they were not interfered 463 with again in that way, until the time of the "At the revolution, the sovereignty derevolution. volved on the people, but they are sovereign I have a word to say upon the subject of without subjects, (unless the African slaves the confederation. As every one knows, the among us may be so called,) and have none State of Maryland was the very last State that to govern but themselves; the citizens of assented to the severance of the connexion America are equal as fellow citizens, and as with Great Britain. The State of Maryland joint tenants in the sovereignty." 2 Dallas' and the other colonies took up arms to main- Rep. 419.-Chief Justice Jay, U. S. C(out. tain their lights under the Government of Chief Justice Wilson's works, 3 vol., pp. Great Britain. They thought that by resist- 292, 293: ance the British Parliament and the British;" The truth is, that in our government, the King would come to their senses. North supreme, absolute, and uncontrolable power Carolina took the lead in May, 1776l, passed remains in the people. As our Constitutions a Declaration of Independence and organized are superior to our legislatures, so the people a government. Virginia, in June, declared are superior to our Constitutions. Indeed its independence and organized a State Gov- the superiority in this last instance is much ernment. New Hampshire, as far back as greater, for the people possess over our Con1775, had organized a State Government. stitulions control in act, as well as right.'" It is well known that at first Maryland re- 5'- "The consequence is, that the people stricted her delegates from uniting with the may change the Constitution whenever and.delegates from the other Colonies in a Decla- however they please. T'his is a right of which mration of Indepeldence, and it was only a nopositive institutiozs can deprive them." few days before the 4th July, 1776, that the'These important truths are far from being Convention, then sitting at Annapolis, re- merely speculative; we at this moment speak moved the restrictions, and authorized them and deliberate under their immediate and beto concur with the other United Colonies in nign influence. To the operation of these declaring the United Colonies free and inde- truths we are to ascribe the scene, hitherto pendent States, and in forming such further unparalleled, which America now exhibits to compact and confederation, &c, &c., as should the world, a gentle, a peaceful, a voluntary, be adjudged necessary for securing the liberties and a deliberate transition from one Constituof Amnerica,&c., providedthesole and exclusive tion of government to another, (from the right of regulating the internal government Confederation to the Constitution of the Uniand police of this Colony be reserved to the ted States.) In other parts of the world, the people thereof." idea of revolution in government is, by a And on the 6th July, 1776, in a formal mournful and indissoluble association, con" Declaration of the Delegates of Maryland," neeted with the idea of wars, and all the cain Convention at Annapolis, after reciting the lanmities attendant on wars." causes which impelled them to empower their " But happy experience teaches us to view delegates in Congress, as aforesaid, with the such revolutions in a very different light-to proviso aforesaid, they add: "No ambitious consider Themi as progressive steps in improvviews, no desire of independence induced the ing the knowledge of government and increaspeople of Maryland to form an union with T.he ing the happiness of society and mankind." other Colonies. To procure an exemption "Oft have I viewed, with silent pleasure from parliamentary taxation, and to continue and admiration, the force and prevalence to the legislatures of these Colonies the sole through the United States of this principleand exclusive right of regulating their inter- that the supreme power resides in the people, nal polity, was our original and only motive. and that they never part with it. It may be To maintain inviolate our liberties and to called the panacea in politics If the error be' transmit thlern unimpaired to posterity, was in the legislature, it may be corrected by the our duty and first wish; our next, to con- Constitution; if in the Constitution, it may tinue dependent on Great Britain. For the be corrected by the people. There is a remtruth of these assertions we appeal to that edy therefore for every distemper in governAlmighty Being who is emphatically styled ment, if the people are not wanting to themthe searcher of hearts, and from whose om- selves." niscience notihing is concealed." Again in Chief Justice Wilson's lectures, 1 (The hour having expired, the hammer fell.) vol., p. 21, he says: Mr. SMITH, of Carroll. I hope the same " A revolution principle certainly is, and courtesy will be extended to the gentleman certainly should be, taught as a principle of from Somerset that has been extended to other the Constitution of the United States, and of members, and I move that he be allowed fif- every State of the Union. This revolution teen minutes more. principle-that the sovereign power residing The motion was aogreed to. in the people, they may change their ConstiAr. JONES, of Somrneset, proceeded: tution and government whenever they please I shall not attempt to proceed with the ar- -is not a principle of discord, rancor, or war; gument. I will read, without comment, the it is a principle of melioration, contentment, following extracts: and peace.' 464 In the Pennsylvania Convention, Mr. Wil- swer was given, if she had such a right, there son said: was but one way of exercising it, that is, by "But in the Constitution the citizens of the withdrawing herself from the Confederacy; United States appear dispensing a part of while she continued a member, and had reptheir original power in what manner and resentatives in Congress, she was certainly what proportion they think fit. They never bound by the acts of Congress." part with the whole, and they retain the right I shall be able to state only the proposiof recalling what they part with." tions, which I intended to argue and illusThis.must of course be understood as af- trate, if I had the time necessary for that firmed of the people of the several States, in purpose. I intended to show: their separate sovereign capacity. That the people of the United States are, Col. Mason said: "If the government is under the Constitution, a Cbnfederation of to be lasting it must be founded in the confi- Sovereign States, as contra-distinguished from dence and affections of the people; and must a consolidated people into one nation without be so constructed as to obtain these. The regard to their separate State organization. majority will be governed by'their interests. That this is shown in the organization of The Southern States are the minority in both each of the three departments of the. GovernHouses. Is it to be expected that they will ment of the United States. deliver themselves bound, hand and foot, to In the Legislative department, because it the Eastern States, and enable them to ex- consists of two branches, in one of which (the claim, in the words of Cromwell, on a certain Senate) the States are all e ually represented, occasion,'the Lord hath delivered them into and no law can pass without a concurrence of our hands?? "-3 Madison Papers, 1453.!the Senate. In 1795 the Supreme Court of the United In the Executive, because the President and States decided a case, reported in 3 Dallas, p. Vice-President are elected by electors chosen 54, (Penhallow vs. Doane's administrators,) by the people of each State, equal in number'involving the validity of an act of the New to the number of its representatives and senHampshire legislature, passed 3d July, 1776, ators. And if no election by electors, then erecting a prize court for the trial of cap- by.the House of Representatives as to Presitures, &c., and also the powers of the Revolu- dent, where each State has one vote, and a tionary Congress. After enumerating the majority of States must concur in the election; powers exercised by that Congress, Justice and in the Senate the Vice-President is elected'Patterson said: by a majority of the Senate. " These high acts of sovereignty were sub- In the Judiciary, because the judges are apmitted to, acquiesced in, and approved of, by pointed on the nomination of the President, by the people of America." He proceeds to ar- and with the advice and consent of the Senate, gue that New Hampshire was bound by the thus giving a majority of the States control acts and proceedings of Congress, and among of the appointments. other reasons, "that she continued -to be So also in the mode of amendment. bound because she continued in the Confederacy. It requires two-thirds of both Houses to As long as she'continued to be one of the propose amendments, and they are not valid Federal States, it must have been on equal till ratified by three-fourths of the States, withterms. If she would not submit to the exer- out regard to population. Each State has cise of the act of sovereignty contended for agreed, by the act of ratifying the Constituby Congress and the other States, she should tion, that as to alteraions and amendments have withdrawn herselffrom the Confederacy."- she will yield with her co-States, such porJustice Iredell, in his opinion in the above tion of her reserved powers as in the judgcase, says: " Two principles.appear to me ment of three-fourths of her co-States, the into be clear. I. That the authority was not terest and safety of all the States may require. possessed by Congress, unless given by all the 1 intended to show further that, States. 2. If once given, no State could, by There is no reason why the people of a sovany act of its own, disavow and recall the an- ereign State should retain the right, univerthority previously given, without withdrawing sally admitted, of resuming the powers delefromn the Confederation." gated to their State governments, and of Judge Iredell, in this opinion, remarks readjusting and redistributing them in a new upon the distinct, separate political character Constitution, when the old has failed to anof each of the Colonies, and that they " were swer their purposes, which does not apply no otherwise connected with each other than with equal force for resuming the powers as'being subject to the same common soy- delegated to the Federal Government in the ereign." Constitution of the United States whenever, Justice Blair, in the same case, said: I"But in their deliberate judgment, that compact it was said New Hampshire had a right to has been so far and so persistently broken by revoke any authority she may have consented the co-States, that all hope of other redress to give to Congress, and that by. " her act. of has failed, and the liberty and safety of the Assembly she did in fact revoke it, if it ever people of such State, are manifestly endanwere given. To this a very satisfactory an- gered. The purposes the people of the States 4165 had in view in ordaining the Constitution of struction of that compact, whether the act the United States were " in order to form a was done by general or special agents. The more perfect Union, establish justice, insure inquiry is, what.powers were delegated in the domestic tranquillity, provide for the common one case to the confederation, in the other to defence, promote the general welfare and secure the Federal Government. On examination of the blessings of liberty to ourselves and our pos- the two instruments, the powers will be found terity." The people in all the States were as- nearly identical. The principal difference will sured that the Constitution would certainly be found in their distribution and mode of insure all these. Many good and true men exercise. Instead of all the powers being doubted and opposed the ratification; many exercised by Congress or an Executive Comnothers doubted and were reluctantly persuaded mittee, they were by the Constitution, vested to try' the experiment," (as General Wash- in three departments of government, execuington called it;) whilst in only the three tive, legislative and judicial, with authority States of New Jersey, Delaware and Georgia, to lay taxes, and execute all the delegated was the ratification by the State Conventions powers directly upon the individual citizen. unanimous. In the States of Pennsylvania, The reservation of powers not delegated in Connecticut, Maryland and South Carolina, the second article of the confederation, and in it was ratified by large majorities; but in the the tenth amendment of the Constitution, is other six States it was carried by small ma- substantially the same. The implied obligajorities, and in Massachusetts, New York and tion that no State could ever secede because Virginia by only a few votes. In fact, the the Constitution was a government, and therefirst Convention called in North Carolina in fore intended to be perpetual, could not be August, 1778, refused to ratify the Constitu- more binding than the express agreement with tion, and Rhode Island refused even to call a the confederation that the articles should be Convention, in 1t778, to consider the question. inviolably observed by every State; that the The eleven States that adopted the Constitu- Union should be perpetual; and that no altion, did by that act separately secede from terations should be made in any of the artithe Articles of Confederation, leaving North cles, unless agreed to by Congress, and conCarolina and Rhode Island still united under firmed by the Legislatures of every State. those articles. The eleven States proceeded Yet within seven years from the time the last'to organize the new government, elected State formally agreed to the confederation, their Congress and President, and the new twelve States, without Rhode Island, progovernment went into full operation in March ceeded to form a new government, and eleven and April, 1789. North Carolina and Rhode of them afterwards seceded from the confedIsland remained out of the new Union, and eration, against the consent of North Caroin the full enjoyment of every right as sover- lina and Rhode Island, and in utter violation eign States, till North Carolina adopted the of the compact. Their right so to do, when new Constitution in November, 1789, and the compact, in the judgment of each, had Rhode Island in Maw, 1790. No one doubted' failed to answer its purpose, was not denied that any State had the unquestioned right to or doubted. As Justice Marshall says in remain permanently in the enjoyment of their Mceulloch vs. Maryland, 4 Wheaton, 316, separate sovereignty. "Surely the question whether they (the peoThose who are compelled to aImlt all this, ple) may resume and modify the powers try to evade the force of the facts in construing granted to government does not remain to be the Constitution of the United States, by in- settled in this country." sisting that the Confederation was a compact That was supposed to be settled by the Revbetween the several State governments, but that olution, and to be inseparable from the idea the Constitution of the United States was or- of self-government by sovereign States. dained by the people of the States themselves. It is a principle.of public law, in grants of Much stress is laid upon this statement. But franchises by government, that " nothing what real difference does it make? The State passes by implication." "The object and governments represented the people of the States end of all g'overnment is to promote the hapin authorizing their commissioners to agree to piness and prosperity of the community by the Articles of Confederation, as fully to all which it is established; and it can never be intents and purposes, as theState' onventions assumed that the government intended to did-in ratifying the Constitution of the United diminish its power of accomplishing the end States. The one was the general agent whose for which it was created." authority was fully recognized and acquiesced 8 Peters, 138. in, and the other the special agent specially 11 Peters, 420. -.appointed for the one particular purpose. a-' A fortiori, the right of the people of a sovIn both cases it was the act of the people of ereign State " to resume and modify the powthe several States in their separate, sovereign ers granted to government," when the comcapacity. The act done, in each case, was by pact is broken and the government utterly each of thirteen sovereign States, in entering fails to secure the safety, happiness and prosinto a compact with the co-States; and the perity of the community, cannot be taken question is how can it vary the rules of con- away by implication. 466 The terms " ranted,"' surrendered," their delegated authority. There must be an "alienated," and the like, are well calculated express provision to that effect inserted in the to mislead the mind, when they are applied State constitutions. This is not at present to the powers of government. the case with any of them, and it would perThey are technical terms, belonging to the haps be impolitic to confide it to them. A science of law. They generally imply irre- matter so momentous ought not to be invocability, when used in connection with the trusted to those who would have it in their proper subjects of' " grant," " surrender," or power to exercise it lightly and precipitately "alienation," in matters of private contract. upon sudden dissatisfaction, or causeless jealSuch terms, though frequently used in writing ousy; perhaps against the interests and the and speaking upon questions of constitutional wishes of a majority of their constituents. construction of the powers of government, "But in any manner by which a secession must be understood to mean "delegated," is to take place, nothing is more certain than which is the appropriate word when applied to that the act should be deliberate, clear and powers conferred by a principal upon en agent. unequivocal. The perspicuity and solemnity Hence, in the 1st section of 1st article of the of the original obligation require correspondConstitution of the United States, the phrase ent quaities in its dissolution. The powers "powers herein granted," means powers of the General Government cannot be deherein " delegated," as fully explained in the feated or impaired by an ambiguous or im10th article of amendments, viz: plied secession on the part of the S tate, " The powers not de'egated to the United although a secession may perhaps be condiStates by the Constitution, nor prohibited by tional. The people of the State may have it to the States, are reserved to the States re- some reasons to complain in respect to the spectively, or to the people." acts of the General Government, they may in Here Mir. Jones's time expired, but on ex- such cases invest some of their own officers pressing a wish to read some extracts from with the power of negotiation, and may deRawle on the Constitution, on motion of Mr. clare an absolute secession in case of their Daniel, further time was given. failure. Still, however, the secession must in In conclusion, I desire to read some passages such case be distinctly and peremptorily defrom a view of the Constitution of the United clared to take place on that event, and in such States, by Wm. Rawle, L. L. D., ch. 32, " Of case-as in the case of an unconditional sethe Permanence of the Union." cession-the previous ligament with the Union This work was first published at Philadel- would be legitimately and fairly destroyed. phia, in 1825, and a new edition was pub- But in either case the peopleare the only movlished in 1829, in which the author says:'"In ing power." this edition the principles laid down in the Page 303. "It has been laid down that if first remain unaltered. The author has seen all the States, or a majority of them, refuse to no reason for any change of them." The elect Senators, the legislative powers of the author was one of the miost eminent lawyers'Union will be suspended." (In a note-" It of the Philadelphia bar, and had received the is with great deference that the author vendegree of L. L. D. when such marked distinc- tures to dissent from this part of the opinion tion was bestowed only upon pre-eminence. of the learned Chief Justice of the Supreme He was for many years United States District Court in the case of Cohen vs. The State of Attorney, appointed, it is said, by General Virginia, 6 Wheaton, 390.") Washington. In politics he was always a'Of the first of these supposed cases there high-toned Federalist. In a time of profound can be no doubt. If one of the necessary quiet in the politics of the coontry, this em- branches of legislation is wholly withdrawn, inent lawyer and jurist, belonging to the there can be no further legislation; but if a political school which had always inculcated part, although the greater part of either the necessity of maintaining the powers of the branch, should be withdrawn. it would not Federal Government to the full extent that affect the power of those who remained." construction would allow, treats the right of (This is error. If the greater part of the State secession, as at that dav a universally Senate should be withdrawn, there could be admitted right, as will be seen fiomrnthe fol- no quorum.)' Inno part of the Constitution lowing passages: is a specific number of States required for a Page 302. "The secession of a State from legislative act.'- Under the articles of Conthe Union depends on the will of the people federation, the concurrence of nine States was of such State. The people alone, as we have requisite for many purposes. If five States already seen, hold the power to alter their had withdrawn from that Union, it would Constitution. The Constitution of the United have been dissolved. In the present ConstiStates is to a certain extent, incorporated into tution there is no specification of numbers afthe constitutions of the several States by the ter the first forration. It was foreseen that act of the people, The Statte Legislatures there would be a natural tendency to increase have only to perform certain org.anical operations in respect to -it. To withdraw from the * But' a majority of each I-ouse shall constitute Union comes not within the general scope of a quorum to do business." 467 the number of States, with the increase of "Evils more alarming may readily be perpopulation then anticipated and now so fully ceived. The destruction of the common bond verified. It was also known, though it was not would be unavoidably attended with more avowed, that a State might withdraw itself. The serious consequences than the mere disunion number would therefore be variable." of the parts.' In no part of the Constitution is there a " Separation would produce jealousies and reference to any proportion of the States, ex- discords, which in time would ripen into mucepting the two subjects of amendments and tual hostilities, and while our country would of the choice of President and Vice President. be weakened by internal war, foreign enemies "In the first case, two-thirds or three- would be encouraged to invade, with the flatfourths of the several States is the language tering prospect of subduing, in detail, those used, and it signifies those proportions of the whom collectively they would dread to enseveral States that shall then forma the Union. counter." " In the second, there is a remarkable dis- Rawle, 306. " Such in ancient times was tinction between the choice of President and the fate of Greece, broken into numerous inVice President, in the case of an equality of dependent republics. Rome, which pursued votes for either. a contrary policy, and absorbed all her terri" The House of Representatives, voting by torial acquisitions in one great body, attained States, is to select one of the three persons irresistible power. having the highest number, for President. "But it may be objected that Rome also A quorum for this purpose shall consist of has fallen. It is true; and such is the hisa member or members fiom two thirds of the tory of man. Natural life and political exStates, and a mnajority of all the States shall istence alike give way at the appointed be necessary for the choice. - measure of time, and the birth, decay and ex"The Senate, not voting by States, but by tinction of empires only serve to prove the their members individually, as in all other temerity and illusion of the deepest schemes cases, selects the Vice President from the two of the statesman, and the most elaborate thepersons having the highest number on the ories of the philosopher. Yet it is always list. A quorum for this purpose shall consist our duty to inquire into ant establish those of two-thirds of the whole number of Senators, plans and forins of civil association most conand a majority is sufficient for the choice." ducive to present happiness and loing duora"' "-' * "It seems to be the safest, and is tion; the rest.we must leave to Divine Provipossibly the soundest construction, to consider dence, which has hitherto so graciously smiled the quorum as intended to be composed of on the United States of America. two-thirds of the then existing Senators." "' We may contemplate a dissolution of the Rawle, page 305. " As to the remaining Union in another light, more disinterested but States among themselves, there is no opening not less dignified, and consider whether we for a doubt. are not only bound to ourselves but to the "'Secessions may reduce the number to the world in general, anxiously and faithfully to smallest integer admitting combination. They preserve it. would remain united under the same princi- "'The first example which has been exhibples and regulations among themselves that ited of a perfect self-government, successful now apply to the whole. For a State cannot beyond the warmest hopes of its authors, be compelled by other States to withdraw ought never to be withdrawn while the from the Union, and therefore if two or more means of preserving it remain. determine to remain united, although all the' If in other countries, and particularly in others desert them, nothing.can be discovered Europe, a systematic subversion of the poin the Constitution to prevent it. litical rights of man shall gradually over" The consequences of an absolute secession power all national freedom, and endanger all cannot be mistaken, and they would be se- political happiness, the failure of our example rious and afflicting. should not be held up as a discouragement to'"The seceding State, whatever might be the legitimate opposition of the sufferers; if, its relative magnitude, would- speedily and on the other hand, an emancipated people distinctly feel the loss of the aid and counte- should seek a model on which to frame their nance of the Union. The Union, losing a own structure, our Constitution, as permeaproportion of the national revenue, would be nent in its duration as it is sound and splenentitled to demand from ita proportion of the did in its principles, should remain to be national debt. It would be entitled to treat, their guide" the inhabitants and the commerce of the sep- Rawle, page 307. " In every aspect, therearated State, as appertaining to a foreign fore, which this great subject presents, we country. In public treaties already made, feel the deepest impression of a sacred obligawhether commercial or political, it could tion to preserve the Union of our country; claim no participation, while foreign powers we feel our glory, our safety and our happiwould unwillingly calculate, and slowly ness involved in it; we unite the interests of transfer to it, any portion of the respect and those who coldly calculate advantages with confidence borne towards the United States. those who glow with what is little short of 468 filial affection; and we must resist the at- towards the little school boys playing truant tempt of its own citizens to destroy it, with when bigger ones took the same liberties. the same feelings that we should avert the Unless we can enforce discipline among ourdagger of the parricide." selves, I am for extending leniency towards The chapter and work conclude with a delinquent officers. But I believe we ought quotation from the valedictory address of to enforce discipline in all cases in future; Washington, urging the preservation and the and if the Sergeant-at-Arms or any other offiperpetuation of the Union. cer shall absent himself in future without first Upon this valedictory address of Washing- obtaining leave, I shall move to displace him ton, it may be remarked, that his arguments and make a permanent appointment in his for Union are addressed to the reason, the af- stead. And. I hope the members will feel it fections, and the interest of all the people. incumbent upon them to devote their time He says: "' With slight shades of difference, and attention more assiduously to their duties. you have the same religion, manners, habits, Only this morning a gentleman from Baltiand political principles. You have in a com- more city objected to limiting the time of demon cause fought and triumphed together; bate, because the order did not suit members the independence and liberty you possess, are wishing to go to Baltimore. Is it possible the work of joint counsels and joint efforts, of that it is of more importance that members common dangers, sufferings and successes. should go to Baltimore every day, is it more " lout these considerations, however pow- important to the people of Maryland, than erfully they address themselves to your sensi- that they should attend to the business they bility, are greatly outweighed by those which leave behind? The business of the Convenapply more immediately to your interest. tion must stop because a certain number of BHere every portion of our country finds the gentlemen want to go to Baltimore at a parmost commanding motives for carefully guard- ticular hour. Can anything be more ridicuing and preserving the Union of the whole." lous or a greater indignity upon the people who He nowhere suggests that when all these sent us here and upon the Convention itself? motives fail, an attempt was to be made to The order was rejected. preserve the Union byforce of arms I/ r. DANIEL submitted the following order: The further consideration of the subject was Ordered, That any officer of this Conveninformally postponed. tion hereafter absenting himself without leave SERG1EANT-AT-ARMS. of the President first had and obtained, except in case of sickness, shall be dismissed his The PRESIDENT. The Chair will call the place, and that the President of this Convenattention of the Convention to the fact that tion shall have the power to appoint a temwe have no Sergeant-at-Arms. The person porary Sergeant-at-Arms for such time as he appointed to that office, left yesterday with may deem best. members of the Convention, and the Chair On motion of Mr. BARRON has received from him to-day the following The order was laid upon the table-ayes telegram: "Imperative business detains me 35; noes 33. -please excuse-down in the morning." I RCESS. understand from the Chairman of the Convention, that he has absented himself with- Mr. I[ENKLE moved to adjourn until toout leave. Hehas absented himself on various morrow. occasions without leave, and subsequently The PRESIDENT ruled the motion out of addressed telegrams to the President to be order, on the ground that the order of the excused. It is for the Convention to deter- Convention provided for an afternoon session. mine what action they will take. Mr. PUGH and Mr. RIDGELY asked and obMr. ABBOTT submitted the following order: tained leave of absence. Ordered, That John T. Wright be appoint- Mr. BARRON moved to reconsider the vote ed temporary Sergeant-at-Arms. adopting the order for afternoon sessions. Mr. SCOTT. I will content myself with The motion was seconded. voting for the order just as it is for the pres- Mr. HEBB moved to adjourn. ent; but, under other circumstances, I should The PRESIDENT. A motion to adjourn takes move to strike out I" temporary" and insert the Convention over until to-morrow. I un" permanent." But 1 do not see with what derstand that there is a standing order of the consistency members of this Convention can Convention, that during the debate on the proceed so summarily against a delinquent Declaration of Rights there are to be afternoon officer, when so many of its own members sessions, commencing at half-past four. take liberties just as unwarranted. Gentle- Mr. HEBB the effect of adjournment will men come here and vote for two sessions a be to take us to halt-past four. day, and for any amount of railroad speed; Mr. BARRON. I move to reconsider that but when we meet here in the afternoon, we order. There will be no quorum here. find ourselves without a quorum, and without The PRESIDENT ruled that the motion to an officer to enforce the rules of the House. adjourn would be to adjourn until half past It reminds me of the leniency I always felt four, in pursuance of the order. 469 Mr. PETER moved that the Convention ad- "This is a Union, and not a consolidation journ until to-morrow. of States;" The PRESIDENT ruled that motion out of order. "Not chaos-like together crushed and bruised, The question being taken upon the motion But lice the world harmoniously confused, to adjourn, it was agreed to; and Where order in variety we see, The PRESIDENT declared the Convention ad- And where, though all things differ, all agree." journed until half-past four o'clock. I agree with that great statesman that this AFTERNOON SESSION. is a Union, and not a consolidation of States. Not to review the whole history of this docThe Convention assembled at half past four trine of sovereignty, which I am very glad to o'clock, P. M.,be relieved of by the able exposition of that The roll was called and the following mem- subject, which has already been given by a bers answered to their names: number of gentlemen upon this floor, but Messrs. Goldsborough, President; Abbott, simply refirring to the facts that in the coloAnnan, Baker, Belt, Berry, of Prince nial history of this country, from the estabGeorge's, Blackiston, Brown, Carter, Cun- lishment of their independence, from the very ningham, Cushing, Daniel, Davis, of Wash- day when the Declaration of Independence ington, Dellinger, Duvall, Earle, Ecker, Far- itself was in the course of preparation, a plan row, Gale, Galloway, Greene, Harwood, was on foot for the purpose of connecting the Hebb, Hoffman, Hopkins, Hopper, Horsey, States or colonies then in existence, a plan reJones, of Somerset, Keefer, Kennard, Lee, cognizing in as clear a manner as any propoMarbury, McComas, Mitchell, Miller, Mulli- sition could recognize, that they were to be kin, Murray, Negley, Nyman, Parker, Robi- separate, sovereign and independent States. nette, Sands, Schley, Schlosser, Scott, Smith, Following up that history to the adoption of of Carroll, Smith, of Worcester, Sneary, Stir- the Constitution of the United States, we find ling, Sykes, Thruston, Todd, Turnw, Wood- the same fact admitted by all parties, that en-54. there could be no Constitution of the United SERETANT-AT-ARMS. States, even without a full, fair recognition of the sovereignty, the independence and the Mr. SCOTT submitted the following order: equality of the States. These are facts of Ordered, That the President be authorized history. They are facts which never upon to appoint a person to act as Sergeant-at- this floor or in any other assembly in the Arms, temporarily, who shall receive the pay United States, have been refuted. This govof the present incumbent while acting in his ernment is formed of coequal States; and place. equality is the very corner stone and foundaMr. MILLER. Does that mean that the pay tion of this government. Destroy that equalof the present Sergeant-at-Arms is to be ity and you destroy the very foundation and stopped during the time of the new appoint- corner stone of the government itself. ment? Yet, sir, to-day there is a proposition to inMr. SCOTT. Of course. It expressly says corporate in the bill of rights of the State of "the pay of the present incumbent."' Maryland, for the first time in the history of Mr. HARWOOD moved to amend by striking this country, a provision, which in my humout the latter clause, "the pay of the present ble opinion, would at once destroy this reincumbent while acting in his place," and in- cognized doctrine of the equality of the Stat-s. serting "$5 per day." The internal evidence of the Constitution it. The amendment was rejected. self shows that the States, the smallest of The order was adopted. them, and the humblest of them, were upon The PRESIDENT appointed, in compliance a perfect equality with the largest. If you therewith, John T. Wright, temporary Ser- once admit this doctrine of the equaliy, of the geant-at-Arms for to-day and such other days States, and allow States possessing far less as the Sergeant-at-Arms may be absent. population, far less wealth, to stand equally DECLARATION OF RIGHTS-ALLEGIANCE. with the most populous and most wealthy, under the shelter of the Constitution of the The Convention resumed the consideration United States, you can comne to no other of the order of the day which had been in- conclusion than that there must be some inherformally postponed, being the second reading ent power, some great sovereign element in of the Declaration of Rights; the pending those States giving themn a right to that requestion being upon the amendment of MNlr. cognition of equality. What other pleacould BImScoE, to strike out "parlamount" before they have had for putting Rhode Island upon "allegiance" in the fourth article. an eqaal footing with the great States of New Mr. MARBURY. The great Daniel Webster, York and Virginia, than the idea that they who has been so. often quoted in this Conven- represented a great solid principle that lay as tion, said very beautifully in one of his elo- the keystone of the government. Those States quent speeches, that- were sovereign in the beginning. They have 47v been sovereign throughout the history of the determined to appeal to reason and argument. government. They are sovereign to-day. They appealed to the feelings of men; to the If the States are sovereign; if they are the sympathies and common bonds of the. past; parties to this great compact; if they are the to the glories of the present, and to the brilframers of it; it' they have made the law and liant prospects of the future career of this the Constitution by which we have been country, to induce them to stand by their guided throughout all our history does it not constitutional rights. I say that it was the follow, as the shadow follows the substance, sovereign equality generally recognized as that if you make a power which is merely to lying at the basis of the government that inact as the agent for the purpose of carrying duced these men so long to live peaceably and out certain great obljects, and if you delegate quietly under.what they conceived to be grievyour sovereignty to that power, you make the ous oppression. creature above the creator? Is that consistent If you once admit the fact that sovereignty with the ordinary affairs of life, and the ordi- and equality will bind this government tonary relations of rnen, and of systems of gov- gethber; that the universal recognition of the ernment? Is it consistent with the theory of sovereignty and equality of the States will Deity himself? I bind it together forever, so far as any human I contend that the sovereignty of the States foresight can see, is it not the bounden duty remains in the people thereof respectively; of every patriot in the land, it he could not and that when they entered into this great see clearly that the adoption of the Constituconfederacy of States, when they formed this tion had so put it in the charter itself; if he great Federal Government, for which I had could not by any reasonable argument say and still have, under the Constitution, as that it was there, to struggle to the utmost to great a reverence as any other man, it was so have it put there. So far as we, in our indiunderstood. In days gone by, and not many vidual capacity here in the State of Maryland, years past, standing upon the soil of the can do any thing towards the attainment of proud old State of Virginia, in one of their this great object, it ought to be done by this mostancient cities, I said to these people then, I Convention; because if this is a sovereign that if they dissolved this Union, not only Convention italone can do anything that will would the judicial bench be thereby prostrated be valid. in the dust, but the besom of destruction I say then that instead of putting in the bill would sweep over their whole political hori- of rights that we recognize paramount allegizon, blotting out forever those brilliant stars ance in the government of the United States, which then studded the milky way of con- we should put in there what it was always federate liberty; that the voice of peace would intended should be in our bill of rights, and be hushed amidst the clash of separate inter- what was always intended should be the duty ests and discordant elements, and man's capa- of every citizen whether in the bill of rights city of self-government would become the or not; and that is, that he owes obedience subject of idle mockery. It was no prophecy to the Constitution of the United States, and of mine. It was a doctrine which I had to the laws made in pursuance thereof.. But learned from every statesman from Maine to to say that his allegiance is given up simply Georgia, that if you attempted to break down because he owes obedience, there is no more those great cardinal principles which underlie necessity for than there is where a man or a the government; if you abandon that Consti- government appoints an agent. If this govtution which wans the great shield and pro- ernment, for example, appointed a minister to tector of the whole of the States; if you England or France, that man is the agent of abandoned that great, charter of liberty, and the government, and has a right to do anyentered upon the wild field of speculation, thing that his power of attorney gives him you would produce a jarring of interests. and the power to do. But I hardly conceivethat you would bring about a conflict between the any one would suppose he had a right to act States, which would finally bring about a without any limitation or discretion outside dissolution of the Union. of his power of attorney. He is bound down I say that'the very fact that the States by the instrument giving him his authority, stood so long together, is one of the strongest and must act by that. arguments, to my mind, of the general recog- So with the government of these United nition of the sovereign power of each State. i States. The distinct authorities which have I do not believe there was that in the charac- been read here to-day, and read here for sevter or the minds of the American people which eral days, and which have come down to us would indulce them to submit to tyranny in'in ponderous volumes for years, show that any shape or form. I believe that if they had the Government of the United States was supposed. as many of them professed to sup- formed by the people of the States, and not by pose, that there were grievous and oppressive the people of the United States in the aggrewrongs inflicted on them, they would have gate. There is one fact alluded to to-day, gone out of this Union long ago, at all haz- that, it seems.to me, ought to place the quesards. But believing and knowing the sover- tion beyond all doubt, if there were not areignty and the equality of the States, they I gument upon argument piled already. It is 471 the fact that in the old articles of confederc- Mr. BERRY, of Prince George's. We were lion the States were named. In the Consti- here this morning for five hours, from ten tution of the United States, in the preamble o'clock to very near three o'clock; and I which is said to be the key of the whole in- think we have been here a sufficient length of strument, instead of the States being named, time this afternoon. I do not see the necesis the expression: "We, the people of the sity of staying here unless some gentleman United States." It is admitted, as I under- desires to occupy the attention of the Constand, by all the gentlemen who have made vention. As no one seems inclined further to arguments upon this occasion, and I think it argue the pending question, I move that we is admitted by Mr. Webster himself, that if adjourn. you once admit the fact that the States formed The motion was rejected-ayes 23, noes 30. this government, it follows as a logical con- Mr. CusHING. Cannot we informally pass clusion that the States have the right to exer- over this article, and take up the amendment cise their judgment as to when that govern- proposed by the gentleman from Baltimore, ment acts grievously and oppressively upon (Mr. Abbott,) or any other amendment that them. I think Mr. Webster said that would gentlemen may desire to offer to the bill of follow as a logical conclusion. Now what is rights? the reason that in the preamble to the Consti- The PRFSIDENT. It was the understanding tution of the United States, the names of the that all the other articles should be disposed respective States were left out? It was simply of before that of the gentleman from Baltibecause the Convention which framed that more city should be offered. Constitution required that it should be ratified Mr. AnBOTT. During your absence there by nfne States, and they did not know which was a different arrangement; and the article of the thirteen States would ratify it. If has been placed upon the journal. But inasthey had known that, they would have put much as there are some principles in that all nine of them into the Constitution by amendment which are involved in thetwentyname. So that so far froum the expression third article, I should prefer that that should ":We, the people of the United States" being be acted upon first. an argument to show that they had relin- Mr. DANIEL. I move that we take up the quished the recognition of the fact that the report of the Committee on Civil Officers not States had formed the instrument, the history otherwise provided for of its formation goes to show the very reverse. Mr. BERRaaY, ofPrince George's. The ChairI do not desire to fatigue the Convention, man of that committee is not here. which is no doubt already fatigued with this Mr. DANIEL. Then I withdraw that mosubject. I will not review the authorities tion, and move that we take up the article on which I had arranged, and which I should future amendments to the Constitution. Is have liked to refer to. I am rejoiced that I the chairman of that committee present? am relieved from that labor. But I would The motion was rejected. appeal to this Convention to cling to this Mr. SCOTT. I hope we shall adhere to one Constitution as the palladium of their liber- thing at a time. We are now upon the Deties. I mean this old Constitution of. the claration of Rights, and I hope we shall finish United States which our fathers made; and that before taking up any other article. If that they bring no one man power, no des- no other gentleman wishes to speak, I move potic influences, between the people of the that the chairman of the comrnitttee now proUnited States and the Constitution. If we' ceed to make his closing speech on this article. look at the eagle that sits over the old Senate The PRESIDENT. That would be in violaChamber, we see what it is intended to rep- tion of the order adopted by the House. resent. It sits there with its talons stretched Mr. DUVALL moved that the Convention around separate and distinct States. And adjourn. when that eagle grasped in its talons the rug- The motion was rejected-ayes 28, noes 29. ged shafts of power, and taught that one peo- Mr. DANIEL moved to reconsider theorder ple could be sheltered under one great Con- fixing the time for closing the debate on this stitution, I consider that the destiny of repub- article. lican liberty was ascertained.'I hose ar- The PRESIVENT. The Declaration of Rights morial bearings have been to the United is still pending before the Convention. States what the sacred talisman was to the Mr. STIRLING moved that the furtiher conmen of old-a charm against all attacks. I sideration of the Declaration of Rights be appeal to you, then, to cling to that instru- postponed until to-morrow morning. ment as the palladium of your liberties, as the The motion was agreed to-ayes 34, noes embodiment of all that has ever been said or not counted. written upon this subject, and let us resolve SCELANOS. that if we leave for posterity no other inheritance, we will at least leave them the inher- Mr. ABBOTT submitted the following order: itance of free principles, fnd the example of. Ordered, That the President be authorized a free, manly, independent and constitutional to direct the Sergeant-at-Arms to attend at the defence of them. railroad station and at the steamboat landing 472 in this city, whenever he. may deem it proper, Mr. SANDS, demanded the yeas and nays, to prevent the departure from this city of any and they were ordered. member or officer of the Convention, without The question being taken the result waspermission being first obtained, as prescribed yeas 24, nays 38-as follows: by the rules and orders of this Convention. Yeas-Messrs. Berry, of Prince George's, Mr. JONES, of Somerset. I question very Billingsley, Blackiston, Bond, Briscoe, Brown, much the power of the House to pass that or- Chambers, Cunningham, Duvall, Earle, Ededer. The House can send the Sergeant-at- len, Gale, Greene, Henkle, Jones, of SomerArms when in session to bring absent mem- set, King, Lansdale, Lee, Marbury, Mitchell, bers in; and that is all that the House can Murray, Nyman, Parker, Stirling-24. authorize. They cannot send him to the Nacys-Messrs. Goldsborough, President, steamboat landing and railroad station to Abbott, Annan, Baker, Belt, Carter, Cushing, take custody of members when the House is Daniel, Davis, of Washington, Dellinger, not in session, and keep them until the House Ecker, Farrow, Galloway, Hebb, Hoffman, does go in session. I think you will have to Hopkins, Hopper, Horsey, Keefer, Kennard, apply to General Wallace for the authority to McComas, Miller, Mullikin, Negley, Robido that. nette, Sands, Schley, Sch-losser, Scott, Smith, Mr..ABBOTT. If this will not do, we will of Carroll, Smith, of Worcester, Sneary, apply to him. Swope, Sykes, Thruston, Todd, Turner, The PRESIDENT. Any fifteen members in Wooden-38. this House can compel the attendance of mem- Mr. HEBB. It is evident that the House has bers. nothing to do, as no one wishes to speak on Mr. JONES, of Somerset. When in session. the 4th article; and I therefore move that the The PRESIDENT. Of course, when in ses- 23d article of the Declaration of Rights be the sion. This is only when the body is in ses- order of the day at 11 o'clock to-morrow, in sion. order that we may have something to do. Mr. SANDS. Does the order provide that The PRESIDENT. The motion of the gentlethe Sergeant-at-Arms shall be in both places man from Baltimore city, (Mr. Stirling,) carat once, or that he shall have an assistant? ried that whole subject over until to-morrow. Mr. BERRY, of Prince George's,. moved to On motion of Mr. Beltamend by adding-" and that the gentleman Ordered, That the Committee on the Legisfrom Baltimore city (Mr. Abbott) be requested lative Department be requested to inquire into to attend and aid the Sergeant-at-Arms in the expediency of incorporating a provision the discharge of said duty on all occasions. into the Constitution, requiring the LegislaRuled out of order. ture to provide for the publication, after each Mr. SCHLEY moved to lay the order on the regular session, of a new edition of the Marytable. land Code, which shall embrace all the Mr. ECKER demanded the yeas and nays, changes, additions, and alterations in its secand they were ordered. tions and provisions made at that session, so The question being taken the result was- that the last edition of the Code shall always yeas 34, nays 27-as follows: represent the exact state of the law as it Yeas —Messrs. Berry, of Prince George's, exists. Blackiston, Bond, Briscoe, Chambers, Cun- Mr. SCHLEY. As debate on this 4th article ningham, Dellinger, Duvall, Earle, Edelen, of the bill of rights appears to have exhausted Gale, Galloway, Greene, Henkle, Hoffman, itself, and inasmuch as I voted in the affirmaHopkins, Hopper, Horsey, Jones, of Somerset, tive upon the order for the termination of the Kennard, Lansdale, Lee, Marbury, Mitchell, debate at 1 o'clock on Thursday next, I rise Miller, Murray, Parker,Sands, Schley, Schlos- now to move a reconsideration of that order. ser, Smith, of Carroll, Smith, of Worcester, I was very desirous to give the utmost facility Sykes, Turner-34. to gentlemen wishing to speak on this imporNays-Messrs. Goldsborough, President, tant question. I was willing to hear all that Abbott, Annan, Baker, Belt, Billingsley, could be said. But as no one else desires to Brown, Carter, Cushing, Daniel. Davis, of speak, I move a reconsideration for the purWashington, Ecker, Farrow, Hebb, Keefer, pose of moving that the debate shall termiKing, McComas, Mullikin, Negley, Nyman, nate to-morrow at noon. Robinette, Scott, Sneary, Stirling, Swope, The motion was duly seconded. Todd, Wooden-27. Mr. BERRY, of Prince George's, demanded When his name was called- the yeas and nays, and they were ordered. Mr. SANDS said: If I believed that even- The question being taken, the result wasing sessions were going to accomplish any yeas 26, nays 34-as follows: good, I should vote no; but if we are just to Yeas-Messrs. Abbott, Annan, Baker, come here for the purpose of whiling away Daniel, Davis, of Washington, Dellinger, the time, I shall vote aye, to put it on the Ecker, Galloway, Greene, Hebb, Hoffman, table and keep it there. Hopkins, Keefer, McComas, Mullikin, Negley, So the order was laid on the table. Nyman, Robinette, Sands, Schley, Schlosser, Mr BOND moved to adjourn. Scott, Sneary, Swope, Todd, Wooden-26. Nays -Messrs. Goldsborough, President; The proceedings of yesterday were read and Belt, Berry, of Prince George's, Biilingsley, approved. Blackiston, Bond, Briscoe, Brown, Carter, On motion of Mr. Keefer, Chambers, Cunningham, Duvall, Eurle, Ede- It was ordered to be entered:on the Journal, len, Farrow, Gale, Henkle, Hopper, Horsey, that P. G. Schlosser, of Frederick county, is. Jones, of Somerset, Kennard; King, Lansdale, absent from his seat in this body on account Lee, Marbury, Mitchell, Miller, MurrayParker, of sickness-in his family. Smith, of Carroll, Smith, of Worcester, Stir- THE LEGISLATURE. ling, Sykes, Turner-34. lAsng their names newere called- Mr. SCHLEY, from: the Committee on the MIr. N GLEY said:i I was perfectly willing Legislative Department, submitted the-followto ing report: to extend the time that was asked this morn- ing report3. ing, in order that this debate might he gotten through with, and that gentlemen who de- Legislative Department. sired to speak might: have the opportunity. Section 1. The Legislature shall consist of I' came here this afternoon in good faith to two distinct branches, a Senate and House of: listen to them; but they have manifested a Delegates, which shall be styled "The Gendisposition not to speak excepting under such eral Assembly of Maryland." circumstances as- they may select. As the Sec. 2. The members of the House of Delemajority has extended to them the opportu- gates shall beelected by the qualified voters nity to speak, so far as they could: reasonably of the counties and city of Baltimore, respecask it, and as they have not embraced it, I tively, to serve for two yea's from the day of think we are at liberty to reconsider this and their election. shorten the time. I vote aye. Sec. 3. The first election for Senators and IMr. SANDS said: I am disposed to extend Delegates shall take place on the first Wedall the time that is absolutely necessary for nesday of November, eighteen hundred and the argument. I only know of two or three sixty-four; and the elections for Delegates, gentlemen in the House who may wish to ad- and as nearly as practicable, for one-half of dress the House to-morrow, and I think we the Senators, shall be held on the same day may get through with them very easily to- in every second year thereafter; and the elecmorrow before one o'clock. If we can, I see tion for Representatives from this State in the no reason why we should postpone the con- Congress of the United States, shall take place elusion of the debate for twenty-four hours on the same day. longer. I therefore vote aye. Sec. 4. Immediately after the Senate shall So the motion to reconsider did not pre- have convened, after the first election under vail. this Constitution, the Senators shall be diOn motion of Mr. Briscoe- vided by lot into two classes, as nearly equal The Convention adjourned. in number as may be,-the Senators of the first class shall go out of office at the expiration of two years, and Senators shall be elected on the first Wednesday of November, eighTHIRTY-THIRD DAY. teen hundred and sixty-six, for the term ofWEDNESDAY, June 15, 1864. four years to supply their places; so that, after the first election, one.half of the SenaThe Convention met at 10 o'clock, A.M. tors may be chosen every second year. In Prayer by the Rev. Mr. Davenport. case the number of Senators be hereafter inThe roll was called and the following mem- creased, such classification of the additional bers answered to their names: Senators shall be made as to preserve, as Messrs. Goldsborough, President; Abbott, nearly as may be, an equal number in each Annan, Audoun, Baker, Barron. Berry, of class. Prince George's, Billingsley, Blackiston. Sec. 5. The General Assembly shall meet Bond, Briscoe, Brooks, Brown, Carter, Cham- on the first Wednesday of January, eighteen bers, Ci'awford, Cunningham, Cushing, Dan- hundred and sixty-five, and on the same day iel, Davis, of Charles, Davis, of Washington, in every second year thereafter and at no Dellinger, Duvall, Earle, Ecker, Edelen, Far- other time, unless convened by the Proclarow, Gale, Galloway, Greene, Hebb, Henkle, mation of the Governor. Hoffman, Hollyday, Hopkins, Hopper, Horsey, Sec. 6. The General Assembly may conJones, of Cecil, Jones, of Somerset, RKeefer, tinue their first session after the adoption of Kennard, King Lansdale, Larsh, Lee, iMar- this Constitution, as long as in the opinion of bury, Markey, McComas, Mitchell, Miller, the two Houses the public interests may reMullikin; Murray, Negley, Noble, Nyman, quire it, but all subsequent regular sessions Parker, Parran, Purnell; Ridgely, Robinette, of the General Assembly shall be closed on Russell, Sands, Schley, Scott, Smith, of Car- the last Thursday of March next ensuing the roll, Smith, of: Worcester, Sneary, Stirling. time of their commencement, unless the same: Swope, Sykes, Thruston, Todd, Turner, Val- shall be closed at an earlier day by the agreeliant, Wickard, Wooden —7.. ment of the two Houses. And when the 31 474 General Assembly shall be convened by Pro- Sec. 15. The style of all laws of this State clamation of the Governor, the session shall shall be, " Be it enacted by the General Asnot continue longer than thirty days. sembly of Maryland," and all laws shall be Sec. 7. No person shall be eligible as a passed by original bill, and every law enacted Senator or Delegate, who, at the time of his by the General Assembly shall embrace but election is not a citizen of the United States, one subject, and that shall be described in the and who has not resided at least three years title, and no law or section of law shall be next preceding the day of his election in this revived, amended or repealed by reference to State, and the last year thereof in the county its title or section only; and it shall be the or city which he may be chosen to represent, duty of the General Assembly in amending if such county or city shall have been so long any article or section of the Code of laws of established, and if not, then in the county this State, to enact the same as the said artifrom which, in whole or in part, the.same cle or section would read when amended; and may have been formed; nor shall any person whenever the General Assembly shall enact be eligible as a Senator unless he shall have any Publie General Law, not amendatory of attained the age of twenty-five years, nor as a. any section or article in the said Code, it shall Delegate unless he shall have attained the age be the duty of General Assembly to enaht the of twenty-one years at the time of his election. same in articles and sections, in the same Sec. 8. No member of Congress or person manner as the said Code is arranged', and to holding any civil or military office under the provide for the publication of all additions United States, shall be eligible as a Senator and alterations which may be made to the or Delegate; and if any person shall, after said Code. his election as a Senator or Delegate, be elected Sec. 16. Any bill may originate in either to Congress, or be appointed to any office, House of the General Assembly and be altercivil or military'under the Government of ed, amended or rejected by the other; but no the United' States, his acceptance thereof shall bill shall originate in either House during the vacate his seat. last three days of the session, or become a, Sec. 9. No minister or preacher of the Gos- law, until it be read on three different days pel of any denomination, or of any religious of the session in each House, unless threepersuasion, society or sect, while he continues fourths of the members of the House where to serve as such; and no person holding any such bill is pending shall.so determine. civil office of profit, or profit and trust, under Sec. 17. No bill shall become a law unless this State, shall be eligible to'the office of it be passed in each House by a majority of Senator or Delegate. the whole number of members elected, and on Sec. 10. Each House shall be judge of the its final passage, the ayes and noes be requalifications and elections of its members, corded. subject to the laws of the State-appoint its Sec. 18. No money shall l^e drawn from own officers, determine the rules of its own the treasury of the State except in accordance proceedings, punish a member for disorderly with an appropriation made by law, and or disrespectful behavior, and with the con- every such law shall distinctly specify the.sent of two-thirds of its whole number, expel sum appropriated, and the object to which it a member; but no memnber shall be expelled shall be applied, provided that nothing here-.a second time for the same dffence. in contained shall prevent the General AsSec. 1.'A majority of the whole number sembly from placing a contingent fund at the.of each House shall constitute a quorum for disposal of the Executive, who shall report to the transaction of business, but a smaller the'General Assembly at each session the number may adjourn from day to day and amount expended and the purposes to which *compel the attendance of absent members, in it was applied; an accurate statement of the such manner and under such penalties as each receipts and expenditures of the public money House may prescribe. shall be attached to and published with the Sec. 12. The doors of each House and of laws after each regular session of the General Committees of the Whole shall be open except Assembly. when the business is such as ought to be kept Sec. 19. No divorce shall be granted by -secret. the General Assembly. Sec. 13. Each House shall keep a Journal Sec. 20. No debt shall hereafter be conof its Proceedings, and cause the same to be tracted by the General Assembly unless such published. The yeas and nays of members on debt shall be authorized by a law providing any question, shall, at the call of any five of for the collection of an annual tax or taxes. them, in the House of Delegates, or one in sufficient to pay the interest on such debt as the Senate, be entered on the Journal. it falls due, and also to discharge the princiSec. 14. Neither House shall, without the pal thereof within fifteen years from the time consent of the other, adjourn for more than of contracting the same, and the taxes laid for three days at any one time i nor to any other this purpose shall not be repealed or applied place than that in which the House shall be to any other object until, the said debt and sitting, without the concurrent vote of two- interest thereon shall be fully discharged, and thirds of.the.members present. the amount of debts so contracted and remain 475 ing unpaid shall never exceed one hundred inquest of the State, and may commit any thousand dollars. The credit of the State person for any crime to the public jail, there shall not in any manner be given or loaned to remain until discharged by due course of to, or in aid of any individual, association or law; they may examine and pass all accounts corporation, nor shall the General Assembly of the State, relating either to the collection have the power in any mode to involve the or expenditure of the revenue, and appoint State in the construction of works of internal, auditors to state and adjust the same; they improvement, or in any enterprise which shall may call for all public or official papers and involve the faith or credit of the State, or records, and send for persons whom they make any appropriations therefor, and they may judge necessary in the course of their shall not use or appropriate the proceeds of inquiries concerning affairs relating to the the internal improvement companies, or of public interest, and may direct all officebonds the State tax now levied or which may here- which shall be made payable to the State, to after be levied to pay off the public debt, to be sued for any breach of duty. any other purpose until the interest and debt Sec. 27. In case of death, disqualification, are fully paid, or the sinking fund shall be resignation, refusal to act, expulsion or reequal to the amount of the outstanding debt; moval from the county or city for which he but the General Assembly may, without lay- shall have been elected, of any person who ing, a tax, borrow an amount never to exceed shall have been chosen as a Delegate or Senafifty thousand dollars, to meet temporary de- tor, or in case of a tie between two or more ficiencies in the Treasury, and may contract such qualified persons, a warrant of election debts to any amount that may be necessary shall be issued by the Speaker of the House for the defence of the State. of Delegates or President of the Senate, as Sec. 21. No extra compensation shall be the case may be, for the election of another granted or allowed by the General Assembly person in his place, of which election not less to any public officer, agent, servant or con- than ten days' notice shall be given, exclusive tractor, after the services shall have been ren- of the day of the publication of the notice dered or the contract entered into. Nor shall and of the day of election; and in case of the salary or compensation of any public of- such resignation or refusal to act being comficer be increased or diminished, during his municated in writing to the Governor by the term of office. person making it, or if such death occur Sec. 22. No Senator or Delegate, after during the legislative recess, and more than qualifying as such, notwithstanding he may ten days before its termination, it shall be the thereafter resign, shal., during the whole duty of the Governor to issue a warrant of period of time for which he was elected, be election to supply the vacancy thus created, eligible to any office which shall have been in the same manner the said Speaker or Presicreated, or the salary or profits of which shall dent might have done during the session of have been increased during such term, or the General Assembly; provided, however, shall, during said term, hold any office, or that unless a meeting of the General Asreceive the salary or profits of any office un- sernbly may intervene, the election thus order the appointment of the Executive or dered to fill such vacancy shall be held on the General Assembly. day of the ensuing election for Delegates and Sec. 23. Each House may punish by im- Senators. prisonment, during the session of the General Sec. 28. The Senators and Delegates shall Assembly, any person not a member, for dis- receive a per diem of five dollars, and such respectful or disorderly behavior in its pres- mileage as may be allowed by law, and the ence, or for obstructing any of its proceed- presiding officer of each House shall be alings, or any of its officers in the execution lowed an addition of one dollar per day. No of their duties; provided such imprisonment book or other printed matter not appertainshall not. at any one time, exceed ten days. ing to the business of the session, shall be Sec. 24. The members of each House shall, purchased or subscribed for for the use of the in all cases except treason, felony, or other members, or be distributed among them at criminal offence, be privileged fiom arrest the public expense. during their attendance at the session of the Sec. 29. No law passed by the General AsGeneral Assembly, and in going to and re- sembly shall take effect until the first day of turning from the same, allowing one day for June next after the session at which it may be every thirty-five miles such member may re- passed, unless it be otherwise expressly deside from the place at which the General As- dared therein; and in case any public law is sembly is convened. made to take effect before the said first day of Sec. 25. No Senator or Delegate shall be June, the General Assembly shall provide for liable, in any civil action or criminal prose- the immediate publication of the same. cution whatever, for words spoken in de- Sec. 30. The General Assembly shall pass bate. laws for the preservation of the purity of Sec. 26. The House of Delegates may in- elections, by the registration of voters, or by quire, on the oath of witnesses, into all com- such other means as may be deemed expedient, plaints, grievances and offences, as the grand and to make effective the provisions of the 476 Constitution. disfranchising certain persons, convicted without tie concurrence of two~ or disqualifying them from holding office. thirds of all the:Senators. Sec. 31. Every bill, when passed: by the Sec. 39. The General Assembly shall passGeneral Assembly and sealed with- the Great laws to sell, lease or otherwise dispose:of, the Seal, shall be presented to the Governor, State's interest in:the works of internal imwho shall sign. the same in. the presence of provement, in which.the State is either stockthe presiding officers and chief clerks of the holder or creditor:; and. to appropriate. the Senate and House of Delegates. Every law. proceeds arising therefrom towards the payshall be recorded in the office of the Court of nlent of the public debt of the State; and Appeals, and. in due time be'printed, pub- after the publie debtshall havebeen:filly paid lished and certified under the Great Seal to off, or the sinking fund shall be equal to its the several Courts, in the salme manner as has liq~uidation, to.create out of said proceeds a. been heretofore, usual in this State. permanent fund. for the support, of public Sec. 32. No collector, receiver or holder of education. public moneys shall be eligible as Senator or Sec. 40. The General Assembly shall pass Delegate, or to any office of profit or trust no law, nor make any appropriation to, comnunder thisState, until he shall haveaccounted pensate the masters or claimants of slaves for and paid into the Treasury all sums on the emancipated from servitude by the adoption books thereof charged to-and due by him.'of this Constitution. Sec. 33. Any citizen of this State who Sec. 41. No person shall be imprisoned for. shall, after the adoption of this Constitution, debt. either in or out of this State, fight a duel Sec. 42. The General Assemblyshall grant. with deadly weapons, or send or accept a: no charter for banking purposes, or renew challenge so to do, or who shall, act as a any banking corporation, now in existence, second, or knowingly aid or assist in. any except uDon condition that the stockholders manner those thus offending, and any citizen: shall be liable-to the amount of their respectwho has thus offended, or who has so. aided ive share or shares of stock in such banking or assisted those thus offending since the first institution subscribed for and not paid in, for Wednesday of June eighteen hundred and: all, its debts and liabilities upon note, bill, or fifty-one, shall ever thereafter be incapable of otherwise. All banks shall be open to inholding any office of. trust or profit under this spection of their books, papers, and accounts. State. under such regulations as may be prescribed Sec. 34. No lottery grant shall ever here- by law. after be authorized by the General Assembly. Sec. 43. The General Assembly shall enact Sec. 35. The General Assembly shall pass no law authorizing private property to be: laws necessary t protect the property of the taken for public use, without just compensawife from the debts of the husband during tion, as agreed upon. between the parties, or her life, and for securing the same to her issue awarded by a jury, being- first paid or tenafter her death. dered to the party.entitled to- such compensaSec. 36. Laws:shall be passed by-the Gene- tion. ral Assembly to protect from. execution, a Sec. 44. Corporations, other: than for mureasonable amount.of property of. a debtor,. nicipal purposes, may be formed and created not exceeding in value the sum of five hun- under general provisions and regulations, to dred dollars. be-prescribed by the General Assembly, and Sec. 37. The General Assembly shall. pro-: shall not be created by special act, except so vide a simple and uniform system of charges far as special acts may be necessary to authorin the offices of Clerks.of Courts and. Regis- izeany person or persons to. exercise and enjoy ters of Wills in the counties of this Stateland such corporate rights, franchises, and privithe city of Baltimore, and for the. collection leges. All laws and special acts pursuant to thereof; provided, the amount of compensa- this section, may be altered from time to. time, tion: to any of said officers shall not exceed or repealed; provided, nothing herein containthe sum of twenty-five hundred dollars a ed shall beconstlrued to alter, change,.or amend' year, over and above office. expenses, and in. any manner the article in relation to compensation to assistants; and provided fur- banks. ther, that such compensation of Clerks, Regis- Sec. 45. The General Assembly shall make ters, assistants and office expenses, shall al- provision for all cases: of contested elections ways be paid out of the -fees or receipts of. the of.any of the officers not herein provided for offices respectively. Sec. 46. The General Assenmbly shall. pass Sec. 38. The House of Delegates shall have laws, requiring the Presidents, Directors, the sole power of impeachment in all cases, Trustees or Agents of Corporations, created but a majority of all the members must con- or authorized by the laws of this State; teachcur in: an impeachment; all, impeachments ers or superintendents of the Public Schools,:shall be tried by the Senate, and when sitting Colleges, or other institutions of learning; for'that purpose, the Senators shall be. on Attorneys at Law, Jurors, and such other perorth or affirmation, to do justice according:to sons as the General AsSembly shall from time. the. law and evidence,. but no person shall be. to time prescribe, to. take the: oath of allegi 4 77 anceto the United States, set: forth in the first Prince George's had the honor to furnish the article in this Constitution. -first gallant knight to throw:down the glove, Sec. 47. The General Assembly shall have and with spear and lance to begin the assault. power: to:!accept the cession -of any territory. Since that time, gentlemen of other counties contiguous to this State -from the States of have announced that that was but introducVirginia;and West Virginia, or from the tory.'The noble:county of Somerset has furUnited States, with the consent of Congress nished two:noble knights; and it is fair to and of the inhabitants of such ceded territory; presume. now that the contest has attained its and in case of,such cessions, the General As- fullest height. I am inclined to the opinion sembly may divide such territory into coun- that the'fury of the strength has expended itties, and shall provide for the representation self to a.great'extent, and that by the time'of the same in;-the General'Assembly, on the that Baltimore city, represented by the chairbasis fixed:by this, Constitution, and may for man of the, Committee on the Declaration of that purpose increase the number: f Senators Rights, (Mr. Stirling,) shall give the coup de and Delegates. And the,General Assembly grace to the discussion of this question, the shall enact such laws as may be required to State of Maryland will emerge: from the cloud extend the Constitution and Laws of this and the smoke of this contest more splendidly State over -such territory, and may create adorned than before, having upon her frontCourts conformably to the Constitution for'lets a jewel which heretofore:has not been such territory, and may, for that purpose, there, which will do her honor and add to her increase the number of Judges of: the Court of historic renown. Appeals. I did not intend to'submit any remarks to -Mr.SCHLY. For the most part the commit- the consideration of the; Convention upon the:tee on the legislative department are agreed article now under consideration, for the reaupon-this report. There was some diversity of son that my impression was that the passing opinion upon several of the sections, and I moments of the hour bore in th'eir train morequest leave for the minority to sulbmit a mentous issues. Time bears upon its shoulminority report, should they -desire at any ders the weight of many years; and' we may time to do so, as to the' Sections to which'they not now in: this hour of peril and of imminent object. danger', play in dalliance'with fleeting moDECLARATION OF RIGHTS-ALLEGIANCE. ments.'He who would bewise will not tarry upon the margin of the stream when its curThe Convention proceeded to the considera- rents dash onward, bearing upon its bosom tion of:the order of the day, being the second the fate of nations. He who would be wise reading of'the fourth article of the Declara will hearken, and heed the call'of the hour, tion' of' Rights, as follows: and act with promptitude an'd despatch, when "'Article'4. The Constitution of the United demands are made upon him. The admoni-'States, and the laws made in pursuance there- tion now sounding in our ealrs, coming with of, being the supreme law of the land, every such terrific force, with such impressive lescitizen of this State owes paramount allegi- sons, ore not the admonitions of days or of ance to the Constitution and Government of hours, but of moments. Imptessed with such the: United States, and'is not bound by -any views, I thought it better became me to be law or ordinance of this State in contraven- Silent, to utter no opinion respecting this artition or subversion'thereof." cle, but to let my recorded vote in favor of it'The pending question was the amendment be my sufficient answer But I have been inoffered by Mr. Briscoe, to strike out the word duced to change my determination in that "' paramount."' respect. Mr. KENNARnD. As there appears to be no The discussion of this question has opened up disposition on the part of gentlemen to -oc- before us a wide field of debate. It is seemcupy the attention of the Convention in the ingly illimitable. Gentlemen have been wont further discussion of this question, I will sub- to go wherever the promptings of speculative mit a few remarks for their consideration. It fancy have induced them to wander. The is fair to conclude that'by this time we have circuit of this debate has not been adhered to; arrived at the full heat of th'e battle in the but gentlemen have flown away, and plunged discussion of this question. It -was remarked into the recess'es of deep shadow, the shades of by a member'from Somerset, (Mr.,) the past, and have traversed its declivities at the inception of this debate, after the first and its depths, and the gorges of the wilderspeech had been made, occupying the atten- ness where no foot has ever dared to tread. tion of this body for a considerable length of They have wandered among the dead leaves time, that that was merely the introductory and plants of an effete philosophy, and brought debate; that we had seen but the skirmish; thenm here magnificently painted, and paraded that the'contest had not attained to its high- them here before our eyes, but they have apest fury, and that when that time arrived we peared to us only as ashes without life. would see an exhibition of strength in point Gentlemen in this discussion may say what of logical controversy, to which'we had there- they please and claim what they please with tofore been strangers The noble county of reference to the course which their arguments 478 have taken. They may repudiate everything possessing no talismanic charm or magia like identity with States' rights ideas, or with word by the utterance of which the doors will the doctrine of State sovereignty, as it has open, and I may enter and permeate its sebeen avowed and announced by its fathers cret by-ways and enter its arcana, and there and projectors. But the discussion of this get the information I need to sustain me on question here has relumed that subject before this question, I feel its.deepening, dampening us, and has presented that entire question of shadows resting upon me, and l shall not atStates' rights sovereignty before us as a body. tempt to enter it. I shall be guided by the And in engaging in this discussion we cannot light of facts; guided by experience common be charged, any one of us, with trenching to all men. upon the opinions expressed by gentlemen of Allow me here to say that the public place the minority upon this question. We have a afforded by the beneficence of the State, where right to deal with the question as the discus- all may go and obtain the lore that they desion presents it. sire for the maintenance of any views they Here in the State of Maryland, in the hall may hold or any opinions they may entertain of the House of Delegates, that dead body of -the library of the State of Maryland-I find States' rights and State sovereignty has been that it has been depleted of all works apperexhumed. It is dead, sir. Its friends killed training to the subject under consideration. it. But the favQrable opportunity and the' I am inclined to make this reference for the precious moment has arrived in the midst of' reason that when the gallant knight from the strength of the contest which is now being Prince George's county (Mr. Clarke) was waged between us, and under the kind aus- able to maintain himself with shield and buckpices of a beneficent Government, the friends ler, and bore around so fiercely with hislance, of States' rights are paying their final re- he said he was not prepared for the debate spects to the resting place of that nondescript, that had been suddenly sprung upon the miand have brought it here on its funeral bier nority of the House; and the same thing was with all the cerements of the grave about it. echoed by pretty much every gentleman after They have gathered about that dead corpse. him. I should judge from the condition of Various views have been expressed respecting the library of the State of Maryland that they it. Various attempts have been made to re- were pretty thoroughly prepared. If they store that lifeless body; but they have proved are not, the Lord knows the majority are not, nugatory and ineffectual. Gentlemen have for none of them can get the books. I am at differed in their opinions respecting the or- a loss to conjecture, and I submit now to the ganism of the body. Some have doubted intelligent men who compose the minority of whether it be dead. Some have said it was this House, that were it not for the word dead. Some have insisted that it lived. "paramount" in this article now before us, Nevertheless, sir, it is that same dead body; the minority would have no argument at all, gone, gone, irretrievably gone, and all that because that has been the burden of their they can do to it now is to give it respectable complaint in the whole argument. If the sepulture. majority of this House could perambulate the It is not without a considerable degree of lexicon, and by any possibility find out embarrassment that I approach the discussion some word more potent, with more concenof this question. I know well that it is a trated forcein itthantheword "paramount," theme of contest between the most eminent I apprehend that the minority would contend minds of this country. I know that it has for "paramount" as much as we contend for been discussed for many years. I am inclined it now. to the opinion-and I think I shall be sus- We seem'to be towing them along step by tained in that by the opinions of all, by the step. They are slow in their progress. They facts of history, and by the developments are not inclined to take the lead, or to follow which are taking place all around us-that on the crest of the wave, as the progress of the subject has been entirely exhausted. Its the age drives onward; but they are disposed seed cannot longer grow in American soil. I to be led. They are coming on, coming on, am also impressed with the fact, and the pres- step by step. The only difficulty is that the ence which surrounds me warns me that it is majority of this House lead them almost too no trifling thing, and will be no trifling effort fast. They are so lame and feeble that they on my part, to enter the arena of this fight. stumble and fall as they follow. I am admonished that there are around I will do the gentlemen the justice to say, me men trained fiom childhood, who know that so far as I understand it, some of them well how to wield the weapons of logic, men at least, have not insisted upon the States' around whose brow are gathered the sym- rights theory entire. They have acknowlbols of age, and whose light is known to his- edged and contended that it was the duty and tory. I am warned that one with the little the province of every American citizen to owe experience I have in matters of this kind, has fealty and support to the Constitution of the no small work to do, to encounter such men. United States. The first gentleman who When I contemplate this whole question of spoke, (Mir. Clarke,) insists that they owe political science, and tee its barred doors, fidelity and support to the Constitution of the 479 United States within prescribed limits, but old, that the half had not been told us. He that they only owe it while they who are the was not the man of my choice, and he was administrators of the law adhere to the pro- not the choice of many other people throughvisions and the restraints of the Constitution. out the country; but we felt no disposition That, in my judgment, is as fatal a heresy and to revolt. No such emotion stirred in my as fatal an error as exists in the extreme bosom. No such feeling had an existence in States' rights theory. If the authorities who my mind. I felt it due to the government to administer the government or execute the be loyal to him, and so did the people throughlaws, constitutionally elected by the people of out the country. I entertain the belief that the country according to the provisions of "truth is mighty and will prevail." I bethe laws under which we live, are distasteful lieve that a great principle cannot be restrainor objectionable to certain persons, and do ed or kept down. I have confidence in the not administer the laws according to the ability of the people to determine wisely and rules laid down, what must be the position justly respecting every subject that may be of gentlemen who wish to be true to the gov- presented to them for consideration. I beernment? They must either submit to this lieve they are more capable of acting wisely, malfeasance in office, they must submit to the fairly, and impartially than those who hold maladministration, and vait until they can fplaces or' power, and who are interested in a redress those grievances in the civil and con- very great degree. I believe that what is nestitutional mode, or, as those in armed rebel- cessary for the interests of this people, is to lion have done, they must come out and allow the power to be exercised through the make war upon the government of the United constituted medium of government; and I States and repudiate its authority. That is believe the power is ample and full for any the only alternative, put it in any shape we redress that is needed, through the medium may. If they are not disposed to recognize of those courts composed of the wisest and the men who administer the laws, they must the best that could be selected by human either submit or go out. Submitting is a ta- judgment. cit and implied obedience to the government I held on with others, knowing that four of the United States; a willingness to wait years was but a short time, and that we until the grievances can be redressed is the should then have an opportunity of securing constitutional mode. perhaps another man that would be more satAbraham Lincoln, for instance, is elected isfactory to us as the Chief Magistrate of the President of the United States. Gentlemen country; when, lo and behold I James Buliving in Maryland, in New York, or in South chanan, a son of Pennsylvania, was borne to Carolina say that they will not submit if the Chair of State, and borne their under cirAbraham Lincoln is elected; they will repu- cuntstances not at all creditable. I have nodiate the government. While we adhere to thing to say against the men who sustained the Constitution, say they, we repudiate Mr. Buchanan. I haveno affiliation with the Abraham Lincoln; and because he is elected, pertinacity with which men cling to old party although the Constitution remains intact, and ties. The man who can dissolve his connecas capable of exercising all its functions as tion with any political party with which he before, we will go out. That is precisely may heretofore have acted, in order to sustain what Southern States did. This is the pre- the government when it is in peril, is my dicament in which these gentlemen place friend and my brother. I glory in his pathemselves who proceed upon this fallacy; triotism and in his resolution. Alr. Buchanan that because certain men administer the laws, was carried to the Chair of State under cirif that administration changes, we are not to cumstances that were morally wrong, and did be patient; we are not to have confidence in this country great detriment. The public the government and stand firm and loyal to mind was watched from one end of the nait; but we must go out because certain men tion to the other, and the rod was held in may be in power whom we cannot indorse. terrorem over the heads of the people of this What has been my experience and what has country; for they said then that if a certain been the experience of many other members man was elected President of the United of this body? Franklin Pierce —poorPierce! States, there would be secession, disunion, I will say, although I do not intend to bandy and civil war. This was all morally wrong, the names of retired gentlemen, famous or in- and we are now reaping the legitimate but famous, who, according to some accounts, fearful consequences of that wrong. was a modern Solomon, whose name was Millard Fillmore, of New York, was my adorned with lustre too magnificent to be choice for President; and he received the vote beheld, and that might only faintly be con- of the single State of Maryland. Mr. Buceived; and if it had been the pleasure of the chanan was elected. Did we secede then, acgentlemen of this body to contemplate the cording to the views entertained by gentlesplendors of his reign in the light which was men? No, sir, we held on still. We had so radiant in the sight of the gentleman from given our support to Fillmore, because he was Prince George's, (Mr. Belt,) we might a true and a faithful servant, and in him we have exclaimed, as the Queen of Sheba did of recognized the embodiment of good Union A480 loving loyalty and good faith. *What he is ~many desire. Greece and Rome, from their:now, I know not, nor do I care; but at that nomadical state, passed through various,gratime the State of Maryland cast its electoral dations before they furnished that compact vote for him for the reasons I have named, and well settled type of nationality.that afterthat we had full con fdence in his loyalty and wards marked their career. So has it been:fidelity to the best government on which the with modern Europe. England originally sun ever shone. was inhabited by a race that became totally But we held on.and held firmly. The suc- extinct, and the basis of its nationality was ceeding year we elevated to the gubernatorial constit.uted of mingled races from various chair Thomas H. Hicks; and it was well in parts of the Continent of Europe. But its.the Providence of God that we did put him territory and its position geographically furthere; for to-day this scene of carnage that nished the outline of national individuality, no~w devastates the State of Virginia, would and although the surges of civil war and the have swept in fearful surges over Maryland. unsettling effects of the devastation produced But Maryland to-day stands firmly anchored by the change of masters which swept over within the pale of the Union; and before we the face of England for centuries, it mainget through our work as a Convention, the tained its name and its marked features of majority of which represents the.loyal:people nationality down to the present time. Yet of the State, *we have made up our minds that its government passed through various grada-,Maryland shall rise above, every power that tions, and was changed and altered as the has heretofore kept her down, and take.a caprice or necessities of the times dictated or position that will make her.one.of the proudest:demanded. But irrespective of its changes, and fairest of the sister States of the Union. the forms of government at all times.was the In reference to the article under considera- government of England. tion, let me say that.I am in favor. of it, first,.The people who settled the territory of because a National Goverfiment founded. upon North America between the Lakes and th;e principles of liberty, capable of maintaining Gulf of Mexico, and there established a gov-.itself at home and abroad, is essential and in- ernment, differed from any other people in dispensable to the promotion of the..good of history who have ever forned:a government. any people. They were more advanced in the principles of No one, I presume, will deny the proposi- enlightenment-they came to a new country, tion that government ordained upon some possessing the advantages afforded the old. basis, possessing some elements of strength, They came as intelligent men, equal in cacapable of supporting itself and compelling pacity to those who constituted-the pride and obedience to its authority, founded upon true stability of the mother country. They came principles, administering.and dispensing jus- to enjoy liberty not afforded them in the tice and equity among all the people, recogg- country of their nativity. They also pos-:nizing universally conceded principles of law sessed the peculiarities of people jealous of as established by the experience and judgment: their liberties, and partaking to a very conof mankind and founded upon principles of siderable extent of the prejudices and spirit of truth and.justice, is indispensable to the hap- persecution against those who differed from piness and peace of' mankind. Ml.en may dif- them that prevailed in the countries from fer about.the -basis, forms,.and machinery of whence they came. It was also, Mr. Presi-.government, and men do materially differ in dent, that a people so remarkable as they that particular, but among all civilized:people were, escaping from the persecutions and opthere is no dispute as to the.necessity of forms pressions that existed at home, settling down of government combining the elements of'in a vast territory, that each particular com-:power and strength that will.compel obedience munity and colony should be jealous of each to its laws within itself, and be capable of other, and seek to set up an exclusivenessand maintaining itself andipeopleagainst invasion.a peculiarity of rights that inured to them or subjugation.from abroad, whilst mankind specially as such, that caused them to guard. demonstrate, by the, proofs of history, a ten — those rights with a very jealous care. But, dency thus to combine in masses and cen- sir, experience and a common interest changed tralize power under appropriate restrictions. the practice of our people, if it did not The question of.government has furnished a change their theories; and if their notions subject of controversy for centuries, as to the traditionally have descended to their posterbest mode of constructing it, how to render. ity, they have no more existence now than it efficient for good, and.promotive of the they had then, and are traditions and imprac-,happiness of the human race. ticable ideas still. They differed in theirThe primitive condition of a people at the colonialgovernments, and in the rights and,time of the formation of a government have privileges of their governments. much to do with the character of.the.govern- Gentlemen insist upon State sovereignty; ment they may set up. The age of the world, insist upon States having never yielded up and the progress of things at the time that that right, and impliedly that the States have marks the era of a people in history, go very nationality. How -does a State get sovfar to determine the forms of government.they' ereignty, and what is its capacity to enfo, ce its authority? What is its.ability to pro-I ".2. That no State authority has power-to tect itself from invasion from.abroad? No dissolve these -relations: that nothing can State:can possess the power of nationality dissolve them but revolution;:and that, con-unless it has the element of strength to main- seque-ntly, there can:be no such thing.as setain it. The colonies were.different from cession:without revoluti.on. each other in charac.ter. We had-a proprie- "'3. Thatf thlere is supreme law, consisting tary system,!a charter system, and a provin- of. the Constitution of the United States, acts cial-.system, and they all differed. W-e were of Congress passed in pursuance of it, and all, as has been said,: under the control of the treaties;:and tthat in cases not capable. of asBritish crown. -But the people of each colony semining the character of a -suit in law or had peculiarities, which naturally inclined equity, Congress must judge-of, an-d finally them to be sectional and exclusive, to claim interpret thesupreme ].aw, so often as it has certain rights and to desire-to maintain them occasioned past acts of legislation; and, in.within their j.urisdiction. But the necessity cases capable of assuming,:and.actually'-asarqose afterward for them to -unite their suming,. the character of.a suit,:the Supreme:strength in one common warfare:in their Court of;the United States is the final intercommon defence. There was a -natural ten- preter. dency on the part of the people, from neces- " 4. That an attempt by a State to abrosity and from the character of their govern- gate, annul, or nullify an act of Congress, or ments, to become a united.people, furnishing to arrest its operation within her limits, on in:theearly history of the colonies the germ the ground that, in her opinion,:such law is of the nationality which has been maintained unconstitutional, is a direct usurpation on down to the present day. the just powers of the-General Government, I therefore insist that States, exclusively -as and on the equal rights- of other States; a such, dependent upon themselves, in the ab- plain violation of the Constitution, and-a sence.of the authority of the General Gov- proceeding essentially revolutionary in its ernment, could not longmaintain:themselves character and tendency." as States. Virginia was larger than she.is Upon the question that has been -mooted now. -A State maybe a lesser unit than it is here, whether the.people who framed the now, orit may be a;greater unit; but its ex- Government of the United States and the istence depends upon its power, its ability to Constitution of the United States ignored protect itself and maintain itself independent theidea of -nationality, Mr. Webster says: of other powers adjacent to it. These neces-'"Finally, sir, how can -any man get -over sities were manifest to ou.r people from the the words -of the Constitution itself?'We beginning. They were manifest:througb -all the people of the United States do ordain and thechanges through which:they passed -as a establish this Constitution.' These -words people down to the time when they-adopted must cease to be a part of the Constitution; the Constitution of the Uhited States as it they must be obliterated from the parchment now exists. In reference to that Constitution o -:which theyare -written, befbre any human there have been various specul;ations and the- ingenuity or -human argument can remove ories, growing out of the traditions. and:feel- the popular basis on which that Constitution ings handed down from our fathers, which rests, and turn the instrument into a mere have had an importance given to them -.which compact between-the sovereign States. they did not possess within themselves.'-But, sir, let us go to the actual formation Other interests have arisen since,.within the of the Constitution; let es open:the journal of States, and men have availed themselves of the-Convention itself; and we shall see that the States' rights theory for the purpose of the very-first resolution:which the Convenpressing these interests upon the minds of tion adopted, was " that a -national -governthe people of the country. Other:causes ment ought to be established, consisting of:a have arisen. Demagogu~es, seeking to avail supret-e:legislature, judiciary and executive. themselves of these pretexts that might be "'This itself completely: negatives -all idea popular with the people of certain sections of league, and compact, and -confederation. of the country,.have urged these questions Terms could not be chosen more fit to express and agitated them before the people. Never- an intention to establish:a national governtheless, this same germ of nationality exists, ment, and to banish forever all notion of a and must be maintained -by the people if they compact -between sovereign States. want -safety, peace -and happiness. Let me "This resolution -was adopted on the 30th here give the views of Daniel Webster, which of May. Afterwards the -style was altered, I will read as my own-views in support -of and instead of being called a national govthe article under consideration: ernment, it was called the Government of the " 1. That the Constitution of the United United States; but the substance of this:resoStates is not a league,:confederacy,.or com- lution was retained, and was at the head of pact, between the people of the-sovereign ca- that list of resolutions which was afterwards pacities; but a.government proper. founded sent to the committee who were to frame the on the adoption of the people, and.creating instrument,. direct relationsbetween itself and individuals. " It is true, there were gentlemen in:the 482 Convention who were for retaining the con- a citizen of the United States. And it also federation and amending its articles; but the appearing to the satisfaction of the court majority was against this, and was for a na- here, upon the testimony of W. W. and T. T., tional government. Mr. Patterson's propo- citizens of the United States, that the said sitions, which were for continuing the arti- N. N. hath continued to reside within the cles of confederation with additional powers, limits and under the jurisdiction of the United were submitted to the Convention of the 5th States, five years at least, and one year at of June, and referred to the committee of the least, immediately preceding this application, whole. And the resolutions forming the ba- within the State of Maryland; that during sis of a national government, which had once the said term of five years he hath resided in been agreed to in the committee of the —, and hath conducted himself as a man whole, and reported, were re-committed to of good moral character, attached to the printhe same committee on the same day.- The ciples of the Constitution of the United States, -Convention, then, in committee of the whole, and well disposed to the good order and hapon the 19th of June, had both these plans be- piness; and the said N. N. having declared on fore them;. that is to say, the plan of a con- oath, taken in open court here, that he will federacy or compact between States, and the support the Constitution of the United States, plan of a national government. Both these and that he doth absolutely and entirely replans were considered and debated, and the nounce all allegiance and fidelity' to: every committee reported,'that they do not agree foreign prince, potentate, state and soverto the propositions offered by the Hon. Mr. eignty whatever, and particularly all allePatterson, but that they:again submit the giance and fidelity to the -. The court resolutions formerly reported.' If, sir, any here, thereupon admits the said N. N. to behistorical fact in the world be plain and un- cone a citizen of the United States." deniable, it is:that the Convention deliberated There is not a word said with reference to on the expediency of continuing the confed- allegiance to the State of Maryland, but only eration with some amendments, and rejected that he shall reside one year in the State that scheme, and adopted the plan of a na- prior to his being naturalized. tional government, with a legislature, an ex- Instances might be multiplied; but I do ecutive, and a judiciary of its own. They not regard it necessary; and I think the were asked to preserve the league; they re- Convention has been amply entertained in jected the proposition; They were asked to that respect. What'is the use of speculating continue the existing compact between States; in reference to this question? What does it they rejected it. They rejected compact, all amount to? What does it prove? What league and confederation, and set themselves are the facts now? about framing the Constitution of a national Whether State rights are right or wrong, government; and they accomplished what whether State sovereignty is right or wrong, they undertook." it has resulted in a strife of arms between the I do not intend to introduce any more Government of the United States and those authorities upon that. I think the House who have availed thems elves of the pretext of has heard enough. But I wish to reply to the State rights idea. Then what does it bethe remarks of the gentleman from Anne come us as wise men to do? Are we to stand Arundel, (Mr. Miller,) upon the subject of here on the margin of the stream and trifle naturalization. He said that when: aliens in reference to this thing? We must do one were naturalized they were required to take of two things. We must ally or range ourthe oath of allegiance to the State where they selves on the side of the American Republic, were naturalized, but only the oath to sup- in which our crnmmon destiny is wound up port the Constitution of the United States so and involved, o[ we must combat that govftr as allegiance to the General Government ernment, and range ourselves on the side of is concerned.'I had had occasion to admin- the rebels against the governtnent. I submit ister the oath of naturalization to foreigners, to the gentlemen of this House, how is the and my memory did not serve me that such States rights idea to be carried out, if it were was the fact. So I have taken occasion to to be allowed to be the true idea-? Are we procure the form of the certificate, which is' in Maryland to come up here and call upon this: the federal arms, or the national authority, " Be it remembered, that on the.- day to protect us in our righlts, and privileges, of —, in the year aforesid, N. N., a native and immunities, and sulljugiate the States of -, and at present residing in the - rights men of the State of Marylanrld, or are of -, appeared in open court here, and they to subjugate us? That' is the question applied to be admitted to become a citizen of to be determined. If we have the majority the United States. And it appearing to the and the power we can put them down, and if satisfaction of the court here, that the said they have the majority and the power they N. N. had declared on oath, taken in the can put us down. They have not the power -, on the -- day of -, in the year to-day, even if they had the will, to enforce —, two years at least before his admission, the States rights idea in the S'ate of Marythat it was bonafide his intention to become land. This is, in my opinion, no time to trifle. The Republic is on its trial for itsilife; liancy, and that the report may go abroad and I say, black is the heart of the man who that Maryland, the nearest the heart of the cannot say vincit amorpatrice-the man who Republic, has set an example worthy of the will stand afar off and tremble amid the imitation of her sister States. storm of war, or find fault with the govern- [Demonstrations of applause promptly ment under whose broad and ample protec- checked by the President.] tion he stands. I cannot conceive what. Mr. BERRY, of Prince George's. When I would be our circumstances were the Ameri- can'e here to take my seat in this body, I came can Republic to be once blotted out. I know with great reluctance, not only on account of no other nation as mine. I feel no squeam- my own private affairs at bonie, but because ish feelings with regard to Maryland. De- I knew that the party with which I should stroy the Government of the United States act in this body, was so far in the minority and I have no government. I would then that we could not hope for an instant to acbe a wanderer.in the land, and must complish any good for our people. Ever wait until anarchy resolves itself into some since I took my seat in this Convention I substantial form in which I can make my have been gratified with the course of gentleselection, if I have such a privilege af- men upon the other side. I came here not forded me. Once blot out the American Re- to instruct but to be instructed. and I think public, and destroy this great central life there has not been a more attentive listener which now pervades the people of all these than myself to the proceedings of this ConStates; blot out this great central sun, and vention. I acknowledge in the majority of no one can imagine the consequences, from this body that courtesy which should always the tremendous forces left to act unrestrained characterize majorities of deliberative bodies by legitimate channels. Once let loose, col- in their treatment of minorities. I have been liding and running in fierce encounter, and it gratified, as must have been every member of will crush and destroy all that was: once this Convention, at the proper observance of beautiful and sublime. The heart sinks in the rules of courtesy from one member tocontemplating such a scene. wards another.: Then, sir, I would say here, in an ex- I have not only been gratified in that, but tremity like this, and it is especially ap- as I have said, I have been instructed since I plicable to the people of Maryland: Ter- have been here. I came here almost a novice poram mutantur et nos mutamur in illis. To the in governmental affairs. I came here to be Union men of Maryland.I would say that instructed; that instruction I have received, our liberties, and all the best interests of our and I shall return home perhaps a wiser man. children depend upon the success of the A great deal has been said about the time American Republic. We are determined in that has been occupied in discussing this the State of Maryland to adhere to it, and to question. If gentlemen would recollect the say that Maryland is fixed and firm within importance of the subject, time would be no the bounds of fidelity to the Government of consideration. They would gladly spend the United States. weeks, nay, months, in elucidating a question I shall vote for the article now before us, so important to the preservation of the instibecause I have no sqeamishness with reference tutions under which we live. Time should to this word " paramount." The fact that it not be taken into consideration when we are has been used before, that it originated in debating upon questions so vitally affecting feudal times or any other times, with refer- the interests of the people. I appreciate time ence to allegiance, amounts to nothing, so as much as any man. I know full well the far as I am concerned.. All words had their value of a day. As a great English poet origin in some peculiarities at the time of said their formation. We use the term to signify obedience fith, obligation, fealty to the I've lost a day, the man that nobly said, obediences faith, obligation, fealty to the Had been an emperor withoAta crown." supreme governm, nt, rendered necessary by the condition of things as they are; and I But, sir, in discussing a question of this shall vote for it for Maryland. vital importance, it is due to the question, I shall now refer to the same thing that was and it is due to the body which has it under referred to in the introductory part of this consideration, that we should give it a full, debate, in comparing the United States with free and fair hearing; without that, we shall the solar system, Maryland is the nearest not have discharged our duty, either to the planet to the great central orb. She revolves State or to the immediate constituency whom the nearest to the great heart of the Republic. we represent upon this floor. It becomes her therefore to have her shield I had hoped that the chairman of this brilliant and bright, and to have her gar- committee, (iIr. Stirling,) who, I am sorry ments pure and beautiful while she revolves to see, is not now in his seat, would have around that centre, that she may be in this opened this debate, that we might hear from hour of peril the first brilliant example to her him why it was necessary to makle so importsister States in the Union. I shall vote for ant a change in our organic law as this artithe article, that she may be enhanced in bril- cle of the bill of rights pioposes. I supposed 4&4 that as usual;in deliberative bodies, the: re- to place his fulcrum, with his-;lever he could ports.of committees would be-:supported by move the world. I am afraid my friend is in the chairmen of those committees. Rut up to the category of.Archinredes in this-respect; this time the gentleman has seemed to tfbld -that he.has no base upon which to fix his bhis *arms. He will not:deign "to:open' his fulcrum. mouth. As the oracle of his.party he does Mr. SANDS. Will the gentleman permit me not now choose to give us' his,oracular teach- to say -this: If I had'that base:for my lever, ings as to.the purposes -of his committee in and the power of Archimedes, I would lift.:o.fftrring this article to the consideration of these States rights heresies so high they would this Convention. But he. as Pollock, says.of never come do'wn. Byron: Mr. BERCRY, of Prince George's. -I thank " On the loftiest top:my friend for the suggestion. Let me add'Offame's dread ountain sits, nothat he is not only in -the position of ArchiOame's dread' mountan'sits, not soiledrn medes in that respect, but from the fallacies A ds if he from the earth had labored up, of his'arguments and positions here, I will ~CAs if he from the earth had'labored up, "- But as'some' bir'd of heavenly plumage fair not say from the promptings of fanaticism, lBue -lookedrwhbird of heaven'ly plumage meir but certainly from'erroneous reasoning, with'He to)ked, which down fromihgher regions all this weight and responsibility upon his And erched it thereo see what la shoulders, he is sinking into the quick sands -perced y be- of fanaticism so deep that Iam afraid even Death." nArchimedes, with his lever, and with a base Or it:may:be that he proposes to — for his fulerum, would never be able to raise him. My friend in his:speech to-the Conven" a bestride. the naadrrowe world tion took occasion to turn his eye in this diWalke aunder ollohis'huge legs and peep abomen t rection, and ask if we knew the fate of Ha"TWoal fuinderhis se egs and peep ableout s man: he was hanged very high. Let me ask myTo friend whether he recollects the fate of I am here in part representing the people Judas Iscariot, who, -if.1 am not:mistaken, of Prinrce George's county,':as the peer of the sold the life of the Saviour for thirty pieces gentleman. I only wish.he had:pursued the of.:silver, and then came and threw it down co-urse which:is ordinarily, pursued:in such in,contrition at the feet of;the powers from cases, that.we might have had from him whom he had received'it, and went out and oracular: teac;hings of wisdom upon the pro- han;ged himself. position which he submits as an addition to Mr. SANDS. The parallel does not run beonu Constitution. I.shall, however, abide tween Judas and myself, because I have not his:time. I shall wait, with an -anxiety per- turned traitor yet. haps that never man felt, to hear that gentle- Mr.:BnRa, of Prince George's. I beg now man -open his mouth, to:hea-r him give the to turn my attention for a short time to my reasons why this inroad upon:State rights, friend:from.Baltimore city,'(Mr. Cashing,) this monstrous:article should-be incorporated who entertained us with a speech for which:I in our;organic law. tI shall perhaps learn tender him -my congratulation; not for the fr.om him whether we are'here to make a matter of. his speech, not for any conclusions Declaration!.of Rights, or -whether we are'here of -his, but for the marlnner. It was so beauto make a -declaration of wrongs. tiful that I might almost say it was an exotic. I propose to examine in-to.the course-of It was almost fragrant. I -really enjoyed it; other gentlemen before I -approach the main perhaps as much as:any man on this floor. subject. In referring personally to gentle- But my friend announced heresies here that men, let me say that I do it with all due re- need to be confuted, and I propose to confute spect to you, as the President of this body, them before I get through. I admired him and to the Convention, and'to'the gentlemen for the manner in.which he delivered himself, to whom I may refer. It has always been the boldness with which he announced his my course to try to cultivate amity and-good own views-for no other man upon this floor feelings with all ipersons with whom I am has undertaken to say that-he w s in favor of brought in:contact. I ha-ve never yet vio- ignoring all Staterights, that he waslinfavor lated that rule of courtesy which I hope will of:a consolidated government, and if I am in always char1acterize me in -my intercourse error I hope:my friend will correct me. with gentlemen. -Mr. CUSHING. Perfectly right. I beg leave:n-ow to refer to our friend from Mr. BERRYY, of Prince George's. And he Howard (Mir. Sands.) He seems to feel that declared that it would be'the proudest act the whole weight of this governmen-t is'on of his life to be able to vote here for the: entire his shoulders. He seems to have taken the extinction of State lines, and building up a w hole.responsibility upon himself. Like A.t- consolidated government. las of old,:he appears to feel that he not Mr. CusHING. Not State lines. only has the world upon his:shoulders but Mr. BERRY, of Prince George's. I willexthat the heavens itself rests upon him. Archi- plain that. I say that that was the:necessary medes said that-if he had a-base upon which conclusion of the gentleman's arguments; for he likened the condition of the States towards. we coming? i would say, in. the language. the Federal Government, to.the condition-of of Shakspearei the cou n-ties of the: S tates. towards the! States. 1"Oh judgment thou art fled -to brutish; beasts, Ismnot that. consolidation.?. Is:not that a corn- And men-: have lost. their; reason2 - plete change in. our system of laws and ourLet me then leave::my friend from Baltiorganic condition? He proposes to do this; eity with the Ltin maximwith one sweep of the'pen, and. he said very more city with- the Latin maximfrankly. that that.was a peculiar view of his Nium Oh formose oler own; he admitted. that none of the wise men of the past entertained such views, not:even Mr. ABBOTT. I hope the gentleman: will. AlexanderHamilton, the leader of the Federal use the. English language, which we all unnparty, at the time when he- took issue with derstand. Thomas Jefferson upon that: very question; Mr. BERRY, of Prince George's. I-will.-try. fobr Alexander Hamilton was in.'favor of.a to do.so,. but am sure neither Latin: or, Eung.concentration of power.in the. Federal head, lish will be appreciated by the gentleman.. while Thomas Jefferson, on the other hand,. And now let me pay my respects: to my par — wanted. to preserve:the States. in their.original ticular friend from Baltimore city, (Mr. Abintegrity, and preserve. the separate govern- bott,) and I must say that I. have;searched. ment of the States~. both ancient and modern history and. even; My friend went on to proclaim.that he was. heathen mythology, without being able to in favor of, and. indeed he repeated: the her find- his like. I. think it. is no where. to be; esy —I call it a: heresy when: practically found. And I would.suggest to the-gentle-: considered-contained in the Declaration of man in- the language of Moore::. Independence, that. "all, men are created "I pray you,. if'tis not too; far, equal." That never was and never could be Go. ask of: Nature:what you are, maintained even by Thomas Jefferson. him- And what she meant to make you;" self', the au-thor of that instrument. Does I have looked over the precedents-.in all: the-gentleman forget that this was a.:govern- ages, but I have not met with my. friend'sment of and, for white. men.? What was in- equal yet., except that I think I may perhaps. tended to be conveyed in the statement. that: class him with the Latter Day Saints-. He. " all men are created equal," was- that.::they- may be a:Mormon, sir. -If he has any ethics. are equal as to the benefits of the laws andd the. at all, they are.conatrary lo good morals and. institutions under:w~hich they live.. It is well: true politics. He comes here and wants s-. kno.wn: that no-two men in; theewihole.coun- to make a, Constitution in two days, and try are alike.: They have all some peculiari- make it all his own way; and seems offended; ties personal. to. themselves.: There; is a. dis-, if every one doesmnot fall into his own- views. tinctive: mark upon every plant, upon. every Let me tell that gentleman that we. are not: leaf. You.cannot find in thefoliageoof trees, making a Constitution for the war; but I. two leaves shaped entirely alike. The same hope we: are making: the Constitution for is true of the organization of men. In the peace. I: hope that: -this war: will soon; be organiza.tion of' the body, throughthe- wis- ended; and if it is:ended I want to live:under, dom of Providence, we differ as much..as the equal laws; because I hold that no. governleaves of the trees differ from: each. other. ment can. be-kept together, unless it.be based Each has some distinctive mark. upon the affection of the-people, for that and My friend passed a. beautiful eulogy. o.n thatalone is-the support of our: institutions. what he supposed.would be the future when No- state of' fear will ever keep it together. freedom shall reign in this land, when the No exerciseof tyranny will ever keep it todark blot of slavery shall be wiped out. How. gether. But-. you must address yourself:to does: the gentleman propose to wipe it out? the: good; sense. and affection of the people.. By one clause of this Constitution they pro- In that stands the bulwark of liberty, the: pose to abolish slavery, an insti.tution which only safeguard of our institutions, I do not: has been protected ever since the organization intend, like the gentleman, to- bend:the obseof the. Government, and; even before, sup- quious knee. to the powers that Iae.. I respect ported and maintained bythe common law, them- for their position. I have a right toan institution that has been regarded-as.sacred- differ with them, and I do differ.with them, under the Constitution of the United States, and declare it boldly, that I differ with them: which the hand of the abolitionist has only in all the essential positions which they have within the last few years polluted by their assumed in the administration:of the affairs; doctrines. They-: propose to put another of this Government. I have thisl:right as an. clause into this Constitution: that. the.Legis- American:citizen. I hold that, we aTe stilli lature shall pass no. lawto -pay the citizen-for free, although the shackles of slavery -havei his property, the property recognized by the been:thrown around us, and Maryland holds: law of the land, and supported by the Con- a..position which I regret as one of her sons. stitution. They propose without:due consid- I regret that this administration, instead of eration to take it from us, without compern- exercising the tyranny, over the people of Masation. My God!. Mr. President, to what are: ryland. that it has done, had: not —appealed to: 486 their affections and stimulated their patriot- believe it is in the hearts of all you gentlemen ism. I am sure there is not a man in the of the majority, but he had the boldness to State of Maryland who would not give his speak out. He gave us the key to your aclife on the altar of his country at any time. tions. You want'a consolidated government. I have loved this Union, perhaps with a love You want to do away with all State lines. scarcely felt by any one. I had hopes for the If that is the case;: what do you look for in Union in which scarcely any one participated. the future? What is the next step? The greatness of this country was a never- First of all, we have now- a military desending theme with me; and I could enjoy it, potism. The gentleman wants a' concenand feel that this proud heritage of ours was trated government. The next step is a monnot only for me but for my children and archical government, which you will have grand-children after me. Such a country established over you, and a king proclaimed never was possessed by a people before. without your consent. I am for holding to Look at your soil, your climate, the wealth the old land marks. Shakspeare said, "it and internal resources of the country. Look were better to bear the ills we have, than fly at the happiness and prosperity under whitch to others that we know not of." I have lived we have lived so long. Look at the growth under this system of government so long and of the country in wealth and everything par- so happily that I am willing to die under it. taining to wealth. I do not want any of these changes. Mr. Who is it that cannot shed the tear of sor- Lincoln says it is very dangerous to make row- from the inmost recesses of his heart, changes in time of war, and that military when he looks down at the sad change that necessity demands no change now. I am for has taken place in the condition of our coun- peace. I hope that under the Providence of try? If I could bring my country together God, peace will be brought to this distracted again in all its integrity, in the purity of its land ere long. Are we then to take the lead, institutions, as established by our revolution- and as the gentleman says we ought, proudly ary and patriotic sires, offering protection to take the lead in declaring ourselves in favor every citizen in every portion of the country of a concentrated government, without being in all of his rights, I would at any moment asked, and lay down our allegiance as a boon lay down my life to bring about such-a result. at the feet of the powers that be, a comBut how sad the change I No man can re- mencing point, to extend from State to State flect upon it without feeling that all is lost. until every State in this Union will bend in There is nothing except the Providence of the humbleness before the feet of majesty, not of great I Am, who holds in his hands the des- the law, because I hold that there is a matinies of nations, which can avert the diffi- jesty in the law to which we should bow, but culty and the dangers that now threaten this of a usurped power that the American people land. I hope they may be averted. I would never intended to vest in any one man'? like to see this country again united, not The gentlemen contend that this is not a only under one Constitution but in one bond government of States, that we owe paraof brotherly affection' which should be.as mount allegiance to the Federal Government. stable as the everlasting hills which neither Is that so? The Federal Government has no time nor storm can assail. sovereignty whatever. I do not mean to deThe question immediately under considera- tain the Convention by reading authorities. tion is whether we, in adopting the organic I am speaking from recollection of what I law for the State of Maryland,' shall put into know to be contained in the books.- The it the 4th article, which declares'that a para- Federal Government has no sovereignty whatmount allegiance is due from the-citizens of ever, beyond the sovereignty it has over the Maryland to the General Government. It ten miles square composing the District of seems singular to me that this should have Columbia, over the forts and arsenals built been suggested to the fruitful mind of the with the consent of the States within the Chairman of the Commitlee, because I cannot confines of the different Slates. What is the find a parallel to it in the Constitution of any logical conclusion? That the Constitution State in this-Union. Is it the province of the of the United States never intended to vest people of' Maryland in making their organic in the General Government any powers exlaw, to declare what rights they have not. cept those expressly given in the ConstituIs it not rather their'province to declare and tion. If gentlemen will refer for a short time maintain the rights'which belong to them? to the original grants of those States, they It is a newv feature in the formation of organic will find that they were originally granted law to declare what6rights we have not. It for various purposes, at various times, and is a new feature in the f rmation of organic under various circumstances. When these law to over ride all precedents, without any States came together, it was for a specific purpractical reason assigned for so doing, except pose declared in the Articles of Confederathat assigned by the gentleman'fromn Balti- tion: more city, (Mr. Cushing,) that he is in favor "Art. 3. The said States hereby severally of a concentrated government. I really ad- enter into a' firm league of friendship with mired the gentleman for that: statement. I each other, for their common defence, the se curity of their liberties, and their mutual and debt. This is the calculation of Mr. Voorhees, general welfare, binding, themselves to assist- and heshows it by figures. Is not that a most each other against all force offered to, or at- melancholy fact? tacks made upon them, or any of them, on Fentlemen talk about leaving the country, account of religion, sovereignty, trade, or if this rebellion is not suppressed. I will any other pretence whatever." not say of them as was said of Swartwout With whom and by whom is this compact when he went to Texas some years ago: that made? It was male "between the States of he left his country for his country's good. New Haml:shire, Massachusetts, Rhode Island It may be it would have been for their counand Providence Plantations, Connecticut, try's good had they left it years ago. I New York, New Jersey, Pennsylvania,.Dela- might well leave it for my good, rather than ware, Maryland, Virginia, North Carolina, remain to be burdened with such taxation. South Carolina, and Georgia." They came The question of paramount allegiance is together as separate and independent colo-' the vital question here. To whom do we nies, for the mutual defence and protection of owe it? ~Do we owe it to the State, or do the whole. Is there anythi, g to change their we owe it to the General Government? At relation? Was there any change effected' in the time of the formation of the Constitution the organic laws of those States? I should and its adoption by the several States, there like to have gentlemen, with all their inge- were certain powers delegated for the purnuity, show where the relation of the States pose of forming a Federal Government, for towards the General Government ever under- the mutual benefit and protection of all the went any change up to the formation of the States. The Constitution itself sets forth Constitution in 1787. that no powers, except those expressly given, Then what change took place? The change are to be exercised by the federal head. The that took place in 1787, was simply that they 10th amendment-is: had gained their independence, and they "The powers not delegated to the United wanted to establish a government upon a States by the Constitution, nor prohibited firm basis, carrying out the original pur- by it to the States, are reserved to the Statts poses and those purposes only, for which respectively or to'the people." the articles of confederation were originally The delegates of these States when they formed. came together in Convention, found that in Did the gentlemen ever refer to the treaty order to have a government on a solid basis, between Great Britain and the States now certain powers must be delegated to the fedforming the UnitedStates at the close of the eral head for specific purposes; and such Revolutionary war? That very treaty is not powers as were necessary to carry out those a. treaty with the United States. It is a treaty specific objects were delegated by the States with the States of New Hampshire, Massachu- to the federal head. All other powers were'setts, &c., just as they are enumerated here. expressly reserved to the people of the several The independence of what was declared by States; and they have up to this time exerthat? The independence of' those separate cised them under all circumstances. States as States, and in no wise as a whole, Look at the Constitutions ot' the various because they are pa:rticularly named' in the States. To show you that this is an attempt treaty between Great Britain and the States at making a change never known before in at thattime. Then where does the precedent the formation of the organic law, there is not come from? a State in the Union that in the formation of What is the necessity for this change? its organic law does not make provision in The gentleman has said that it is necessary, relation to this subject. Massachusetts deat this time, that we should give more power clares by her Constitution, that to the Federal Government. Have not they "The people of this commonwealth have power enough? Have not they spent more the sole and exclusive right of governing money since the commencement of this war themselves, as a free, sovereign and indepenthan ever Aas spent before, all together, since dent State; and do, and forever hereafter the formation of the government? I have shall, exercise and enjoy every power, jurisno doubt that this debt will rest upon the diction and right, which is not, or may not people of the United States for all time to hereafter be by them expressly delegated to come; like the debt of England, it never will the United States of America in Congress be paid. I have been trying to estimate it. assembled." Taking the whole non-slaveholding States, She expressly reserves every power not (leaving out the border States, because they granted to the federal head, and you will find are unable to pay because of the ravages of it so, I think, in all the Constitutions. But war, and can scarcely produce enough to feed Massachusetts goes further than that. She their people,) taking the income of every does not require- her officers to swear alleabolition State of this Union, at the end of giance to or to support the Constitution of the next fiscal year the debt will be so great the United States. They have made, years that the income of every man in every one of ago, several efforts to secede. Whenever terthese States will not pay the interest on the ritory was to be acquired by the South, they 488' always took the stand that they had! the right- formed: before;the federal'head? Did; not the of secession. They regarded that as the con- Federal, Government derive.all the powers it stitutional right of Massachusetts; but I- find: now claims, or that we can accord to it, from. that when any of her sons come South, they!the States? Do gentlemen intend to put the chance their tune. They do not think it is a. created above the creator? Is that the wisconstitutional right here in: Maryland. It ist dom of our government'? Wasslhat:thAe purto the-g:reat State-of Massachusetts. that that pose of the framers of our Constitution? Is right is reserved. Their: oath is: that the spirit of liberty which I say was in"I, A. B., do truly and sincerely acknowl- fused into the Constitution at its: very —incep — edge, profess,. testify, and. declare, that thei:tion, from the minds of thole:'great men who Commonwealth of lMassachusetts is, and of: framed it? I would rather my arm were right ought to be, a free, sovereign, and-inde- palsied than that I should dot an i or cross a pendent:State; and:I do swear that.Iwill bear t in: that instrument. I hold it too sacred. true faith and allegiance to the said Common,- We are not in- a condition or frame — of mind: wealth, " &c., and nowhere in it is there any now to doit, no: matter what the necessities on-e clause in: which they swear. to -support. are. We are acting for the presentoccasion; the Constitution of the Unrited States. for the present emergency, as the. gentleman Turning to our own: Constitution, you re — says. What is the wisdom: of action, if it is collect that the. second article of the bill: of: not the result of' cool deliberation, if it is to rights is-in these words: b e excited:by passion, or prejudice? I defy "Article 2. That the: people. of this: State the gentlemen upon. the other side to: raise: ought to have the sole and exclusive right of: themselves above the scenes which are passing regulating the internal government and po- around them, the interest which they must. lice thereof." necessarily feel-in all: these objects, and' to And the 42d article of the- bill. of rights: look to the true interests; of the government says: and to feel a deep and abiding interest-in the. "Article 42. This enumeration: of: rights future. We are now:in the midst of a revoshall not be construed to impair or deny lution such as was: never- seen: in any other others retained by the people." country, such as has afflicted no oth r: people. Thesedillustrate the guarded attempts. which The very Constitution and: government are appear: in nearly all the States of the:Union in peril, and liable to be toppled down at any in the formation of-their organic: law, to keep moment. Let us, instead-ot' detracting from separate and.distinct the powers of the State the strength which should be brought around governments from those: of- the Federal Gov- this government as its shield and protector, ernuent. Instead of saying, we; owe pava- come together as brothers, not incited by mount- allegiance to the government of the violence, not incited: by prejudice or passion. United- States, we say- we owe.paramountal- Let us look to the true interests of the peo1egiance to the State of Maryland, looking to pie of the State. Let us look to the future, the federal head as our agent to carry out the and " let the dead bury the dead" I " Suffipurposes for:which it was: organized, and we cient to the day is the evil thereof." are obligated, as citizens of the Contederacy, I would that: I could: say something to to give all necessary aid and protection to the bring the gentlemen to reason. I would say fed ral head. to them, "Come. let us reason together;" When I took the floor I intended:tooccupy but they shake their heads. They will not the attention of tlhe Convention. but a very reason with me. They say, We have got the shor-t time; but:this is certainly: a: question power and we will exercise it, and. we: will which opens a very wide field of argument. put you down. The more you look: at: these questions, andshed to earth the more you thinl of them and present them to the test of reason; the wider becomes the Markl me, "truth is mighty and will prefield of:reasoning upon them; and instead of vail,1" and after all, our rights, though nowtaking an hour to argue such a:question, days: trampled upon and sought to be taken from and days might be profitably occupied in us, will be secured to us in double strength, considering a question of so vital a character. and will have an efficacy when the gentlemen: My friend: from Baltimore city, who last; who arelnow using the weight of their maaddressed- this Convention, (Mr. Kennard,) jority will have lost: their power forever. I made a very pretty little effort indeed. I en- do not expect, however, to bring the gentlejoyed that almost as much as I did the speech mnen to the standpoint of reason. They have of his colleague, (Mr. Cushing.) But he is gone off wild, erratic,with all the powers of the just as. wild and erratic, and goes just' as majorityi to do and exercise it. at their will. much out of the record; and he seems to I stand not suppliant here, but as a peer, as have:his ow-n peculiar notions. He asks se- I one-who dares to hold and assert his:opinriously w-here wegot State -rights4from? Let ions; and the rights of the- people of his me askf the gentleman where the powers of State. Would: that I coultl bring gentlemen the government of the United' States came to reason. Would that I could bring them from:? Were. not the: State governments to a full: appreciation:of the importance of 489 this question; because in that consists the tion-T have had no new light thrown upon only hope for their redemption and for the this subject. salvation of our State. Let me conclude by This question has been a bone of contention desiring gentlemen who are inn of i this country ever since and even before, the majority here not to come to hasty con- the formation of the Constitution of the clusions, for hasty action is generally the ef- United States, and perhaps at no period in feet of hasty conclusions; to hesitate long the history of the government was it discussed before you give your sanction to a change so with more interest, with more vigor and deadening in its effects as this change must with more power, than in the first Congress be, upon our system of government. Hesi- which met under the Constitution. It ditate long; or rather, let well enough alone. vided the nation in its very infancy, and I Stop providing' for war. Legislate for peace. think I confine myself within the limits of Let us vote it down. I would recommend to historical truth when I say it created a secmy brethren here to give their aid to restore tional issue at the very moment of the formathis Union into the fraternal embraces of well tion of the government. It arrayed the North regulated government. If gentlemen will against the South, and that conflict has been join me I will take the lead; and I will ven- persistently continued from that moment of ture to assert that I will not propose anything time down to this hour. that sound judgment will not dictate as the During the first two administrations of the course for us to pursue during the pressing government the South solidly advocated and emergencies of this awful crisis, whereby maintained this doctrine of State rights; this government may be'again restored. coming up on the question of assuming the But perhaps the gentlemen do not want State debts; on the excise question; on the the government restored. Certainly two of question of chartering a United States bank; the gentlemen from Baltimore city do not. on the tonnage question, and on the question They want a change of government. They of the alien and sedition laws, in the adminiswant to strike down State lines, and build up tration of the elder Adams. a consolidated government. I would sooner During the two following administrations live under the Czar of Russia than under such the North planted itself upon the reserved a governme:nt as they would adopt now. But State rights which were secured in the article I see that my time has expired. I thank the of the Constitution, which my honored Convention for the patience with which they friend from Prince George's (Mr. Clarke) has have listened to my desultory remarks. I:referred to. And without undertaking to only hope I have done my duty in the mat- dwell in detail upon the circumstances conter. It is a feeble attempt; but it has been nected with the position which the North honest and heartfelt. I tell the majority then occupied, I may say generally, that, notnlow, that upon them will rest the responsi- withstanding it assumed precisely the same bility of the adoption of this measure, and I ground of State rights the South occupied, trust that they will see to it that they are the South consecrated itself to the execration able to bear it under all circumstances. of the whole North from that hour to this M r. SMITH, of Carroll, moved that fifteen day; and the name of the Hartford Convenminutes further be allowed to Mr. Berry to tion is, and ever has been, a name of obconclude his remarks, but- loquy and reproach in the whole SouthMr. BRnrY stated that he did not wish fur- ern country. If you anal3yze the proceedtlher to occupy the time of the Convention, ings of that Convention, growing out of and- its opposition to the embargo; growing out The motion was withdrawn accordingly. of its opposition to the war of 1812, you will Mr. RIDGELY. If any member of this Con- find that it was an opposition predicated upon vention desires to be heard upon this subject the same basis-their sectional commercial now, I will yield the floor. [A pause.]' interests, being crippled by the embargo, and I have no purpose at all, lMr. President, to by the declaration of war which exposed their enter in detail into the discussion of this ques- ships upon the ocean, their marine and their tion, and in advance allow me to say that I commerce to destruction by the enemy; and owe an apology to the Convention for any if you will trace back the doctrine of State attempt whatever on my part to participate rights in the South to its origin, you will in the debate now in progress. I certainly find that it was based upon the same theory come to it without any preparation, having of sectional interests, because it was in the had no purpose whatever to take part in it v ry first Congress of the United States that until this morning. I shall not attempt to abolition petitions were presented from Penntravel over the ground which has been occu- sylvania, assailing the peculiar institution. pied since the inception of this debate, in And my conviction is, from a carelul readtracing the history of this question of State ing of the progressive history of our country rights. I confess that, notwithstanding all in connection with this subject of State rights, that has been said-I speak it with great that it has either contracted or expanded in deference to the gentlemen who have occu. both sections according as their particular pied so much of the attention of the Conven- interests were affected by it. Not by con32 490 siderations of patriotism, not by love ot coun- of sovereignty passed with them under the artry, not by those enlarged views which give ticles of confederation, passed with them under character to nations and to statesmen; but the Constitulion of the United States, and it by considerations immediately arising from is now possessed by them intact, unchanged, the sectional tadvantage of the particular absolute. In legal acceptation, what are the quarter,:North or South, in which the doc- attributes of sovereignty? Let us go down trine was advocated. Whatever debates took to first principles; let us analyze this word place in the Convention that formed the Con- " sovereignty," and see what it really means. stitution, what debates may have taken place I shall do that very briefly, by simply referby the able men of our country, either in the ring to its definition in the Law Dictionary, Congress of the United States, or in the Su- without undertaking at all to produce any preme Court of the United States, or in the other authority. The authorities upon which State Conventions, or in any other forum in Bouvier relies are cited by him, and I take it which they may havetranspired-all partook for granted they are cited correctly. And I of this very same character. Wherever you shall, therefore, not occupy the attention of find this question the subject of discussion, the Convention by any analysis of them, but you find that the circumstances which sur- shall adopt his definition as ex cathedrca.round the men engaged in the discussion, are What does he say: circumstances which give tone and character "Sovereignty," says Bouvier, " is the union to their opinions. The country, the whole and exercise of all human power possessed in country, the good of the country, have been a State; it is a combination of all powers; it merged in the personal interests and aggran- is the power to do everything in a State withdizements of individuals and States. Such out accountability;, to make laws, to execute has been the conclusion which I have reached and to apply them; to impose and collect from a tolerably careful examination of the taxes, and levy contributions; to make war, history of this question of State rights. or peace, to form treaties )f alliance or of comIndeed, the Convention which formed the merce zvith foreign nations;'" for this definiConstitution itself was not free from this in- tion Bouvier refers to Story on the Constitufluence. For if my memory serves me, I tion 207. have seen somewhere a letter from General Again, he continues, "Sovere'anty, abstractWashington, written during the sitting of the edly resides in the body of the Nation, fnd beConvention, or soon afterwards, in which he longs to the people: strictly speaking in our declares that the selfish interests of some of Rellublican forms of Government, the absothe States were so controling that they were lute sovereignty of the Nation is in the people not'willing to surrender even the smallest of the Nation; and the RESIDUARY SOVERattribute of sovereignty, though necessary to ETGNTY of each State, not granted to any of malke the government of the whole country its public functionaries is in the people of the what it should be. State."-Bouvier, 533. I propose, Mr. President, to answer only in Herethenisan at cepted definition of theterm a very brief and summary way a few of the " sovereignty, " from the highest authority. points that have been raised in the course of Now, sir, will any gentleman upon the the debate upon this question. I find it very other side contend that the States which difficult to make a general answer for the rea- formed the Constitution parted with no attrisorn that no:two of the gentlemen who have bute of sovereignty, conceding that anteceoccupied the floor in opposition to this arti- dently they were each sovereign? Will it be cle, occupy the same ground in relation to contended that they invested in that metethe question of State rights. They all mate- physical entity, of which they speak, no orrially differ; all, however, landing in Dixie; ganic power; that the United States, as such, all reaching the conclusion that secession is was merely an agent created by power of atperfectly legitimate, according to some by torney; which ponwer was subject to reclamapeaceful means, according to others by revo- tion at the will of the principal? If that be lutionary means I regard the term' revo- so, what must be the conclusion to be reached, lution" as, for the most part, conveying the referring to the same authority to afford us idea of violent means, although in latter days the light of interpretation? Did not that it has: received a more convenient construc- very people, these very constituents, these sotion, an'd is now interpreted to mean, a get- called principals, which created this agency, ting away from bonds by peaceful means if put themselves and even the judges of their you can, by violence, or force, if necessary. courts under an obligation by oath to supNow, in regard to' sovereignty," for that port that Constitution? And will it be said is the great basis upon which all these rights by reasonable men that a principal will oblirest. We are told that this soveareignty is gate itself by oath to the support of an agent, coextensive with the history of the people; and thereby create an agent far, infinitely far, that is,- from the time of the achievement of above their control, irresponsible and withindependence.'That the very moment our out restraint? And yet that is the absurd independence was achieved: each colony be- conclusion reached by the argument, that came a sovereign State; that that condition the principal is subordinate to the agent, 491 because the agent has obligated that princi- was merely a shadow. Do you suppose any pal by oath to support it. And not only the nation upon the face of the earth would deal principal itself, but all its'officers, all the with an agent, though claiming to be one of creatures of its government are under obliga- the family of nations of the earth —that any tion of oath to support the agent. It is true, nation would enter into treaties of alliance they are to support it in the exercise of its and commerce with a mere agent? No, that constitutional powers. But if it had no sov- does not belong to any theory of diplomacy ereignty it could have no constitutional pow- which we have yet learned. The nations of ers to exercise, being a mere agent, the con- the earth deal with principals only, like themstitutional power would necessarily reside in selves, not with agents. the principal. But my friend, (Mr. Berry, of Prince Now, what are other attributes of sover- George's,) has said that evidence of this State eignty? Will the State of Virginia contend sovereignty is found in the fict that the indethat it has the right under the Constitution pendence of these States as States was recogto enter into and form alliances with foreign nized in the treaty with Great Britain; that nations? Will it contend that it has a right in point of fact, " The United States" soto enter into a treaty of peace with foreign called, in the Articles of Confederation, was nations? to emit bills of credit? to coin mo- ignored; that the parties to that treaty were ney? or to exercise any of'those ordinary at- the several States in their individual capacity, tributes which belong to a sovereign power? and that the Government of the United States, On the contrary, has it not surrendered the in its entity, not metaphysical, but real and right to do so to this very metaphysical entity, substantial, was ignored. Now, I cannot say which gentlemen here allege they have cre- anything better on that subject than is said ated and baptized as a mere agency? in a newspaper which I hold in my hand, and Sir, whence is all the prestige of this coun- which I quote and make part of my argutry derived? How became we a member of ment. It so happens that Mr. Jefferson Davis the great family of nations? Did anybody uttered just such a sentiment a few weeks ever hear abroad of the State of South Caro- ago, in an address made by him to the Conlina, in its independent, sovereign capacity, federate Congress, and when I heard.the same as forming that nation which clothed us with sentiments gravely uttered here, it almost so much prestige and so much renown? Did seemed to me that by some extraordinary any government upon the face of the earth means I had been transplanted intothe Conever care for, consider, know, or recognize federate Congress. I do not mean to say that any of these States of which you speak as the honorable gentleman borrowed his argusovereigns, in their dealings and intercourse ment' from this source, but there is a remarkby treaties with this country? The Uniited able coincidence between the two. States of America is an entity, as distinctly Mr. BERRY, of Prince George's.. I never defined and known, and with as much preci- saw the message. sion as a mathematical problem or proposi- Mr. RIDGELY. In his message of the 2d of tion; it is known as a nation, and a great May last, Mr. Davis speaks of the States in nation. It is described as such and with a rebellion as "' States whose separate and inpower and vigor of language, with a force dependent sovereignty was recognized by and grandeur of eloquence and moral sub- treaty with France and England in the last limity, which has never been surpassed, in a century, and remained unquestioned for speech with which all are familiar, made nearly three generations." Now the comagainst the heresy of secession during its agi- mentator upon this declaration uses these tation in Georgia, by no less a person than words, which I will read to the Convention, the present so-called Vice-President of the so- and adopt as my reply to that position: called Southern Confederacy. It is a nation "'[Mr. Davis has not condescended to name which, as such, has given to you all the glory the treaties by which France and England, you possess. Created, it is true, as my friend nearly ninety years ago, recognized the sepafrom Prince George's (Mr. Berry) has said, rate and independent sovereignty of the seveby the States. ral States. As is well known, there were no It is true the States existed before the Con- treaties negotiated by those powers with the stitution, but they never could have made the United States or any of them three generaConstitution except by the surrender of the tions ago, but the treaties of alliance and sovere gnty which my friend calls the exclu- commerce in 1778 with France, and of indesive prerogative, of the States. They never pendence with England in 1782 and 1783. could have created a nation, which should Neither of these treaties was negotiated by or occupy a position among the family of na- on behalf of the separate States, or any of tions, but by the surrender of their sover- them, nor is there in either of them the slighteignty-except perhaps one that would have est recognition of their separate indepenbeen held up by foreign nations to ridicule dence. The only possible foundation for and mockery, as a government claiming to Mr. Davis's strange statement is, that the act as a nation, with the powers and preroga- States are mentioned by their namesin those tives of sovereignty, when in point of fact it treaties. 492 " This was done because it was necessary to what I have already said will apply to the settle which of the twenty-six Anglo-Ameri- view which he presented upon this same point. can colonies-of which thirteen only were But the gentleman from Somerset, (Mr. included in the treaties —were referred to, but Jones,) if I correctly understood him in the it was the independence of the. United States course of his argument, went a little further as one power,.not that of the States sepa- upon another branch of the subject. He ratelv, which was acknowledged. France and boldly challenged the House to produce the the United States, in the French treaty, are authority of any living statesman, of any spoken of as the two parties to its stipula- statesman of the past, of any statesman cotions, and G.reat Britain, in like manner, temporaneous with the ratification of' the treats with the United States as the only party Constitution, who had pretended to dispute recognized by her in the negotiation. The the doctrine of State rights. American negotiators received their appoint- Mr. JONEs, of Somerset. I said, who had ment and credentials, not from the separate asserted the doctrine of paramount allegiance States, but from the Congress. They had no to the Federal Government. commissions from the- separate States, and Mr. RIDGELY. The one is a sequitur of the they were not in any way deputed or in- other; they are inseparably connected with structed by them, nor by any one of them; each other. National sovereignty involves nor was any one of the separate States in any paramount allegiance: State sovereignty way, directly or indirectly, represented in the rejects it. I was prepared at the time, negotiations. Neither'of these treaties was but did not propose to interrupt my hon-.referred to the separate States for ratification, orable friend in the course of his arguas of course they would have been if their ment, to refer him to various authorities separate and independent sovereignty had upon the subject. But I have one at hand in been recognized.; but like all other treaties this same paper, from this same authors one under the old Confederation, they required that covers the whole of that groui'n." I not even the unanimous ratification of the think I can refer the gentleman to one of the States in Congress. The concurrence of nine brightest lights of his day; I think I can reStates only was necessary for the ratification *fer him to a man in South Carolina, greater of a treaty, a circumstance which of itself than whom South Carolina has not produced shows that their separate and independent a son, who in the State Convention of South sovereignty could not have been recognized. Carolina about to pass upon this very ConWhat sort of a separate and independent sov- stitution, replied to this very same theory of ereignty is a member of a Confederation, State sovereignty. I refer to General Charles which is not only declared by its articles in- (CotesworthPiuckney, the one namcthatstands *competent to send an embassy or enter by all confession at the head of the statesmen into any treaty with a foreign power without of that State of his day. He avowed "that the the -consent of Congress,. but upon which any Declaration of Independence itself sufficiently treaty with a foreign power might be imposed refuted the doctrine of the individual sovagainst its consent by nine out of thirteen ereignty and independence of the several States? " States.". He goes on to say that, "' in that deI have read from an article recently contri- claration the States are not even enumerated. buted by Edward Everett to the New York * -' The separate independence and indiLedger. vidual sovereignty of the several States were Now, what becomes oft the sovereignty of never thought of by the enlightened band of the States, according to this high cornmen- patriots who framed this declaration; the tary, accoiding to the definition Which I have several States are not even mentioned by read from a conceded law authority, and ac- name in any part, as if it were intended to cording to-the ordiiary understanding of the impress this maxim on America that our word'sovereignty?" What becomes of the freedom and independence arose fiom our sovereignty of the State, thus shorn of the Union, andthatwiLhoutitwecouldneither be greatest possible attribute of sovereignty free nor independent." which it could enjoy, the power of being re- Mr. CHAMBERS. Will the gentleman allow cognized as a nation by anothe atiotion? A me to interrupt him? nation to-exist, a sovereignty to exist, which Mr. RIDGELY. Certainly, with pleasure. has no reputation, no character, no status Mr. CHAMBERS. Does not the Declaration among the family of nations of the earth? I of Independence say —" We, therefore, the cannot believe that such a doctrine can be se- representatives of America in General Conriously entertained, although I have no doubt gress assembled, - ~ - solemnly pubthat gentlemen who advance it do so in all lish and declare, that these umited colonies" earnestness. -these colonies-" are, and of right ought This is a sort of skirmish in which I to be, free and independent States?" am engaged, for I have not formed any gen- Mr. RIDGELY. That is true. And the ineral plan of argument. I pass to the gen- terpretation of the commentator from whom tleman from Somerset, (Mr. Jones,) who in- I am reading is that the term'united coldulged in the same course of argument; and onies I" is a collective word, used to designate 493 the colonies in a collective capacity, and not suppose that men thus endowed with wisas individual, distinct and separate entities. dom, with foresight, with patriotism, would But allow me to proceed in reading what undertake to establish a government, which Mr. Pinckney said- of all governments of which history speaks, "The separate and individual sovereignty would be ihe most frail, and have the least of the several States were never thought of vigor and power and strength; a governby the enlightened band of patriots who ment utterly incapable of self-protection? framed this declaration; the several States A government that, contrary to all ideas we are not even mentioned by name in any part, have of the rights of men and things by naas if it were intended to impress this maxim ture, was divested of that inherent and cogon America, that' our freedom and indepen- nate right which is inseparable from the law dence arose from our Union, and that without of self-preservation. And not only that, but it we could neither be free nor independent. that a government was intended to be formed Let us then consider all attempts to weaken and created of a number of different soverthis Union, byrmaintaining that each State eignties, any one of which, at any moment is separately and individually independent, of time by setting itself up as the'arbiter and as a species of political heresy, which can exponent of its own rights, could destroy it. never benefit us, but may bring on us the Is it possible to conceive that men of wisdom, most setious distresses." These golden words men of foresight, men of pure characters, were spoken by General Pinckney on the with all the experience they had passed 18th of January, 1788. Ten years after the through, with all the memories of the Revotreaties with France, and five years after the lution clustering around them, could sit treaties with England were negotiated, by down and deliberately form a Constitution which Mr. Davis says, " the separate and in- which under such a structure would be aptly dependent sovereignty of the several States" indeed pronounced to be a mere rope of' sand? was recognized by these powers, General I cannot believe it; I can reach no such conCharles Cotesworth Pinckney declared to his clusion either from the debates which have fellow-citizens in the emphatic language just been had from the formation of the Constitucited, " that the separate independence and tion, cr from any light that has been reindividual sovereignty of the several States flected upon the subject in this House. was not thought ofl" I have listened with care and attention to Now, this is a cotemporaneous authority all that has been said here. I have listened from the very State in which- this'rebellion with an earnest desire to be enlightened and originated; from the very hot-bed of treason. instructed and informed by the course which I might multiply these authorities. But, the argument has taken. But I confess that however we may dispute, however we may the more I have heard this sltbject discussed, differ upon what are the limi,ted powers of the more it has been agitated, the stronger this Government, and whether they have has become my conviction that, while I.rebeen usurped and whether they have been cognize this Government as one of enumertranscended; whatever difficulties may have ated and limited powers, it is nevertheless to interposed themselves in the way of our unity the extent of its powers the true sovereignty and harmony as a people, by reason of the of the country. And however the barriers inevitable differences of opinion which must of State lines may be interposed, however arise among people everywhere and under all ingenuity and sophistry may be invoked to circurnstances, and whatever may have been rear up the State governments as fbrmidable the theories of men heretofore, it is only in claimants to the national sovereignty, the our day and in our generation that these old Government of the United States neverthetheories have been reduced to practice. Not- less is the Government of the people, the withstanding the difficulties and troubles whole people of the United States, and not of that surrounded the administration of Mr. any part of them as such. Madison, at the time of the Hartford Con- Let me refer to the argument of my friend vention; notwithstanding the distracted state from Anne Arundel, (lIr. Miller,)-to whom of the public nlind of that era; notwithstand- I always listen with a great deal of pleasure ing all those things, it is only at the particu- -always precise and clear in his logic, and lar time in which we live that these bold generally to my mind convincing; while for theories of governmental interpretation have thqmost part I agree with hini in his premises been put into unholy and disastrous practice. on the subject, I must wholly depart from I ask gentlemen who claim-and it was his conclusions, for the reasons that they claimed everywhere a few years ago- carry me to the same point which other genthat the Constitution of the Unitea States tlemen on that side have reached; they lead establisheda model form of government; that irresistibly to Dixie. Whilst he denies the it was the offspring of the most enlightened constitutional power of any one of these sominds of the best men and the purest pa- called sovereignties to secede and thus distriots; I would ask whether it is not a solve the Union, he yet contends that in cases direct contradiction of such a sentiment, di- where the Suprerme Court of the United rectly in antagonism with such a theory, to States is not competent to act as an arbiter, 494 the States must act for themselves, and that ment, in that first form of government estabthey are then thrown upon the last resort, that lished by our forefathers, there was a surrengreat inalienable right of the people, revolu- der, quoud hoc, of the sovereignty of those tion, of which my friend from Somerset (Mr. Colonies, so far as it was delegated to that Jones) spoke so eloquently. Confederation. Mr. MILLER. The gentleman from Balti- A great deal has been said about this inhumore county, (Mr. Ridgely,) was not present man war, of brother arrayed against brother, when mv argument was made. of father against son; and about this usurped Mr. RIDGELY. I took it from the reports in power of coercion. And it has been denied the newspapers. that there was any authority in favor of what Mr. MILLER. Those reports do not repre- these gentlemen call coercion. Now this sent my position fully. I said that in such a very same paper from which I have already case they must resort to the precedent estab- read, furnishes us some valuable light upon lished by the Constitution. resort to a conven- that subject. For I take it for granted that tion of States for the establishment of a new the representations made here by Mr. Everett government. are founded upon legitimate authority. I Mr. RIDGELY. Then they must resort to presume that no man with national reputarevolutionary means, either peaceable or for- tion such as he pre-eminently enjoys, would cible, for they are necessarily thrown upon venture to insert here, with quotation marks, the abstract idea of the right of revolution. sentiments ascribed to different individuals There can be no constitutional convention unless they had been really uttered by them. assembled by disaffected States, and no un- What does he say upon this subject of coconstitutional withdrawal unless revolution- ercion? Hear him: ary; the terms are correlative.'I[here can be "This generation has been so deafened by no constitutional withdrawal; itmust be un- the iteration of these' heresies,' as General constitutional, and if unconstitutional, be it C. C. Pinckney called them, of separate and forcible or peaceable, it must be an attempt to independent sovereignty, for which the anoverturn the existing form of government, and thority of Mr. Jefferson has been boldly claimtherefore revolutionary. ed, that many well-meaning persons, North Now, sir, I cannot agree to that doctrine. and South, have been led to believe in them. I agree, as we have said in our bill of rights, They will be surprised to hear that in another that, as an abstract political truth, whenever letter fiom Mr. Jefferson, written before even a people are oppressed they hive an inalien- the present Constitution was framed, (4th able right to throw off the yoke of oppres- April, 1187,) language like the following is sion; nobody disputes that. But we are not found:' It has been so often said as to be now talking of that kind of right. We are generally believed, that Congress has no talking about written rights, comprehended power by the Confederat;on to enforce anywithin the forms of a written Constitution. thing; for instance, contributions of money. fenced in and restrained. And it is impossi- It was not necessary to give them that power ble, as Mr. Webster said, in the remarks quo- expressly; they have it by the lawe of nature.' " ted by the gentleman from Baltimoe city, Adopting their own theory that this Con(Mr. Kennard,) it is impossible to conceive stitution is a compact, Mr. Jefferson proceeds: of the idea of withdrawal or secession except " When two patties make a compact, there as inseparable from revolution and rebellion. results to each the power of conmpelling the Thus the gentleman would land us if we fol- other to execute it. Compulsion was never low him into revolution; and by this sort of so easy as in our case, where a singlefrigate revolution he virtually vindicates secession, would soon levy on the commerce of a single which he assumes to be unconstitutional. I State the deficiency of its contributions." cannot go with him in his conclusions, al- I repeat this extraordinary sentiment, exthough I concede all the theories which he laid traordinary only as the utterance of Thomas down as to the separate, independent condi- Jefferson: " Compulsion was never so easy tion of all thesecolonies, and their sovereignty, as in our case, where a single frigate would if he prefers that word; because it is only a soon levy on the commerce of a single State sovereignty in a qualified.sense, for they could the deficiency of its contributions." What only claim, absolute sovereignty, if at all, could be more clear and conclusive upon this up to the time of the articles of Confederation. point? This apostle of democracy, the great At that time they delegated-if the gentletnani father of all the theory of State rights; this prefers that phrase also-a portion *of their great champion of the widest and most latisovereignty for a temporary purpose to the tudinai-ian construction of State rights, has Confederation itself. Therefore they necessa- here boldly asserted that even upon the matrily could not have retained all theseattributes ter of enftbrcing the payment of taxes, the of sovereignty. I will agree with him that government had the right to resort to comsuch a condition of sovereignty existed, and pulsion and coercion; and to enforce its acts existed intact up to the time of the formation by sending a frir'ate into the ports of any of of the Articles of Confederation. But I hold the States of this Union, and by force of arms that then, in that embryo state of govern- compel and enforce subordination and obedi 495 ence to the legitimate powers of the govern- ments made here by the gentlemen on the ment. other side, and has been a very valuable auxBut that is not all he said. Mr. Everett iliary to them. Indeed, one of my particular tells you that even at an earlier period he friends in this Convention, on the other side, (Jefferson) uttered the same sentiments: expressed to me this morning his regret that' He urged, in 1786, the establishment of a I he had only lately discovered the existence of naval force by the Congress of the confedera- this book; he much regretted that he had tion, as a means of chastising the Barbary not discovered it earlier. Powers, and because it would flrnish the In a letter written in 1833, Mr. Madison Federal head' with the stafest of ail instrie- uses the following language: ments of coercion over delinquent mnembers,''"It surely does not follow from the fact precisely the use to which the Government of that the States, or rather the people embodied the United States is now employing the naval in them, having, as parties to the constitupower of the country. Writing on the same tional compact, no tribunal above them that subject to Mr. Monroe a month afterwards, in controverted meanings of the compact a in reply to the objection that there is no minority of the parties can rightfully decide money in the treasury, Mr. Thomas Jefferson against the majority, still less that a single says:' there never will be any money in the pa}rty can at will withdraw itself altogether from treasury till the confederacy shows it teeth. its compact with the rest." The States must see the rod; perhaps it must be That is the sentiment uttered in'1833 by felt by some of thenmo.'" Mr. Madison, who has been quoted all around This is Thomas Jefferson, quoted all around the House here, from the very first speech the House here as authority for the doctrine made by the honorable gentleman from Prince of State rights, against the extraordinary George's (Mr. Clarke.) The Madison papers power of coercion, and in favor of the right and the Federalist have been quoted by our of any State to secede at any moment when, Southern friends as authority, conclusive, under its own interpretation, its so-called overwhelming authority. Now, I confess sovereignty was invaded by the General Gov- that while I have great veneration for these erinment. i names, yet I have not the fullest faith, not at And what does Mr. Madison say? I least what is scripturally Called " saving have a book here entitled':Sectional faith," in the utterances of these great men, Controversy," which is a very valuable for the reason that the oracles have not albook to the other side of the House; I ways taught the same doctrine, have not alsuppose they are in possession of it. It is ways spoken the same voice. They have, a collation and compilation of all the like other men, been at times on both sides sentiments that ever have been uttered by of the same question. I therefore take all any statesman in favor of State rights; a their utterances with many grains of allowcompilation made, too, by a northern mau-I ance. a northern man with southern principles-a | This very same Mr. Madison, as all will Mr. William Chauncey Fowler, L. L. D., of remember, during the first Congress, by his New York. But there are some things in it powerful and extraordinary influence defeated which he has not been exactly able to exclude, Mr. Hamilton upon the United States Bank which I will read for the information of this question-upon the question of the constituConvention, as bearing upon this theory of tional rower of the Government to create a the right of secession; for the whole theory corporation. Mr. Madison defied and cbalof argument upon the other side here has lenged the friends of a United Stales Bank to been defensive of secession. We have sat produce power in the Constitution to authorhere and listened to debates which I am ize Congress to create a corporation; and sure must have proven to my friend from was -successful in defeating the attempt to Somerset, (Mr. Jones,) the total absence of charter the first United States Bank. But any necessity for any amendment to our bill the same James Madison, when afterwards of rights, to preserve freedom of speech. President of the United States, signed the That amendment was entirely unnecessary, i charter for the Bank of the United States, so far as, anything here was concerned; for, i thus occupying ground on both sides of that as I am glad to see, the largest liberty of- question. And other great men have done speech has been allowed here. the same thing. Mr.JoNEs, ofSomerset. [Inhis seat.] With- Mr. MtILLER. Mr. Everett has said exactly in an hour, or an hour and a quarter. the opposite of the article the gentleman has Mr. RIDGELY. In a letter which Mr. Madi- read here. son wrote in 1833, he uses the following lan- Mr. RnDGaLY. That may be another proof, guage —-- then, of what I say: that mere opinion per se, Mr. MILLER. From what page is the gen- is unsatisfactory authority, especially when tleman reading? such opinion has not been consistent; and Mr. RIDGELY. I read from page 217. I instead of being controlled by mere opinions, see the gentleman has a copy' of this book. I address myself and my judgment to the It has furnished the texts for all the argu- reasols upon which men base their opinions; 496 and if those reasons work conviction on my therefore not obnoxious to the objection of mind, then I subscribe to such opinions, not novelty. otherwise. Now what part of this article is new? Mr. President: One would suppose, from Those words are alleged to be new, which dethe course which the argument has taken clare paramount allegiance to be due to the upon this subject of State rights, from the Constitution of the United States-but I manner and tone of langriage indulged in say they are as old as the other, because by our Southern fiiends, that the majority they are inseparably connected with the of this house have been taken up by the other, and form absolutely part and parcel of roots, been perfectly vanquished, have them. This deduction of the committee is been left no base whatever upon which to alleged to be new;-for it is but the deducstand; that in the discussion of this question tion, which the committee make, from the we have been dwarfed almost out of sight, ut- premises, which the Constitution supplies. terly overwhelmed by the force and power of What is that deduction? that the arguments adduced here. Is it so? I con- "Every citizen of this State owes parafess that a plain practical review of the ques- mount allegiance to the Constitution and tion discussed and the authorities, assure me Government of the United States." that at least we have a show of a case. Now what is the meaning of that article? As I said when I first got up, I have no It speaks of two classes of laws. And in my prepared or connected argument to present judgmen t it contains within itself the means to the house; I have just skirmished about of its own interpretation. It is not necessary here and there where the weak and ex- to go outside of the article itself to deduce the posed position of the enemy invited. I will true interpretation of it. It is speaking of now go back to the real question before the laws. First, it begins with the organic law, house, which has been really lost sight of in the Constitution of the United States, and this debate, and will promise to be very brief the laws made in pursuance thereof-that is, upon the subject., within the purview of the Constitution, made First, this fourth article, as proposed by in pursuance of the authority conferred by the committee, is objected to because of its it-those laws are proclaimed to be the sunovelty. It commends itself to me for the preme law of the laund. Supreme to what? very opposite reason. It commends itself Supreme to the laws which Congress may to me by reason of its antiquity; because it pass? Supreme to the laws which confine is contemporaneous with'the formation of the themselves and address themselves entirely to Constitution of the' United States. So far the National Government? No; it goes on from being novel, it goes back to the forma- to tell us what they are supreme to. It goes tion of the Constitution of the United States; on to tell us that their supremacy invades and is almost literally a transcript of the 2d this so-called sovereignty of the State; that section of the 6th article of the Constitution their supremacy is of such a character that of the United States. And where it has State lines do not keep their officers, who are been enlarged, the enlargement is simply a called upou to administer them, outside of deduction from the premises which the Con- their lines, upon the plea of sovereignty. stitution itself supplies. The Constitution of This supiemacy passes over State lines, down the United States says so and so; therefore, through the Constitution, the organic law of says this article, thus and so naturally follow. the State; down to the judiciary, one of the What does the Constitution of the United co-ordinate branches of the State GovernStates say? Here is the language: ment; down to the lowest officer clothed'with " This Constitution and the laws of the judicial functions, and there commands him United States which shall be made in pur- to obey the higher, the supreme law. It says suance thereof, and all treaties made or which to your State judges-notwithstanding your shall be made, under the authority of the State Constitutions; notwithstanding your United States, shall be the supreme law of the State enactments;:notwithstandingff on are land." sitting there under State authority, clothed:That is literally the article reported by exclusively by the State with judicial anuthe committee, except the matter relating to thority, deriving your appointment from the treaties- organic law of the State; nevertheless do -' and the judges in every State shall be bound you so expound your law that the Constituthereby, anything in the Constitution or laws of tion of the United States, and the laws made any State to the contrary notwithstanding." in pursuance thereof; shall be supreme; and I hold that this article reported by the if any law of your State, organic or othercommittee is coextensive in its being with wise, conflicts with the supreme law of the the article of the Constitution of the United land, then strike it down as null and void. States; because it does nothing more than The PREsIDENT. The gentleman's time is out. recite the fiacet that the Constitution, and laws On motion of Mr. CHAMBERS, fifteen minutes of the United States made in pursuance of additional time was given. that Constitution, is the supreme law of the Mr. RIDGELv. I hall conclude all I have land. That far it is old, at all events; and to say in less time than that. 49t7 Hence I say that this article interprets itself And I. consider now that the difficulty in clearly, and it has reference to the degree of.this controversy arises not' out of the real supremacy, to the sphere of supremacy. It meaning of the words, but because the pecuaddresses itself to the State law, or to that, liar words employed in this connection are, portion of the State Constitution which may at' this particular time - and. juncture of be in conflict with this supreme law; it affairs, especially significant and rather means nothing more and nothing less.'-Now unacceptable and ungrateful to certain genwill it not be said that' this-is a fair interpre- tlemen. If the Committee had inserted in tation. thus far, of this article? Will any this Bill of Rights, the word "obedience" gentleman controvert the interpretation given instead: of " allegiance,'? had said that " parathus far of this article? mount obedience'? was due to the ConstituWhere then is the' conflict of opinion? It tion and laws of the United States, we should arises in two forms;'first, we are told by never have heard a word of this controversy. those who favor the- striking out the word It is not the idea. but' the language in which "paranmoul t," that'we are surrendering. the the idea is clothed, I think, that has the larger rights of the States. And what other things influence in controlling opinions here, and are we doing? We are not' only surrender- giving character and direction to this deing State rights, but we are converting this bate. Now:allegiance means nothing in the Federal Government into a' great, concentra- World but obedience. There is k supreme ted, consolidated government. law of the land, and all other law is subordiAccorcling to my theory of interpreta- nate to it; always admitting that this sution, this is the very same condition of the preme law is within the sphere of the Constilaw that has existed ever since the formation tution. You have the supreme law when' ad-' of the Constitution. And if, during the last mitted to be constitutional law: and all: other eighty odd years, the Government has not lawin this country, in conflict with it, in debeen consolidated, the Government is still a rogation of it, is subordinate to it, and must Federal Government, and has not been'on- yield to it. That is the whole theory of this centrated-except within thelast two or three article. Now, I would ask, does not the suyears, allowing gentlemen'the privilege even preme law naturally draw with it supreme of that margin-surely it cannot be contended obedience? that there is a greater probability, or a greater Taking the terms "obedience" and "allelikelihood, of these results flowing from a re- gian'ce" to be correlative terms, as meaning declaration, or re-enactment,'or the re-affirm- one' and the' same thing, can you have a: law ance of a principle of constitutional law, that which is supreme, unless that law naturally has existed from the formation of the Gov- draws with it, and compels, and enforces suernment?' "preme obedience? It would be an absurdity Mr. BERRY, of Prince George's. I would to talk about a supreme law, unless there like to inquire whether this principle is in- was supreme obedience necessarily and insepcorporated in any organic law of any:State arably attached to it. -That I hold to be the in this Union? Whether this is not the first:whole meaning of this article. time in the formatinn of the organic law of And I go further. I -see nothing in it to any State, that this principle is attempted to which the most conscientious State rights be incorporated? man could object as long as he remains beMr. RIDGELY. I will answer my friend neath our flag, and under the protecting arm with great pleasure. In the same terms and of this Government, secure in the enjoyment spirit in which I spoke of the venerable names of his life, liberty and property. I see nothing of Jefferson and Madison, I would say that in this article which would justify the most Constitutions of other States are no:authority stringent State rights man in withholding to me except so far as the reasons for their'his highest Obedience to the supreme law of various provisions address themselves to the the land. I know there is a theory, based approval of my judgment. This principle upon the old. doctrine of Statesovereignty, may or may not have'been heretofore intro- that the highest obedience is due to the State. duced into State Constitutions. If it never And I believe upon that theory certain States' has been, it was, I suppose, because it was rights men have declined to take an oath to thought to be a work of supererogation; tl at support the Constitution of the United States. it was a sell-evident truth, arising'out of the I am glad to find, however, that none of the very terms of the Constitution of the United honorable members with whom I have the States. And as the crime of parricide in honor to be associated here, have given that ancient Rome was considered a crime so un- construction to their sense of public duty natural and improbable that it was not ne- but have cheerfully and promptly come up to cessary to pass any law punishing it, so in this that requisition; and' indorsed themselves in case it was not thought doubtless necessary to this respect as giving obedi,.nce and allegimake an enactment for that which was rest- ance to the Constitution and laws of the Uni-'ing upon every man in the land. I consider, ted States. as I have already'said, that it would have Mr. BERRY, of Prince George's. Will my been an act of supererogation.' friend allow me to correct him. I did not 498 and do not understand the oath as being one Ordered, That the use of this Hall be given of paramount allegiance to the Government to Captain Calhoun on Friday evening, for of the United States; but one to support the the purpose of delivering a lecture on the Constitution of the United States. subject of prison life among the Rebels. Mr. RIDGELY. I desire to say that I am On motion of Mr. WICKARD, the following merely gi'ving my construction, expressing order was adopted: my own opinions, suggesting that according Ordered, That the various Standing Comto my judgment, no gentleman in this Con- mittees be requested to report on the subject s vention, no advocate of State rights, could they may have under consideration, at as object to the incorporation of this article in early a day as practicable. the Constitution, if the word "obedience" was substituted for the word "' allegiance." DECLARATION OF RIGHTS-ALLEGIANCE. And in point of fact it is only the term em- The Convention then resumed the considerployed which gives to it that degree of disa- ation of I he order of the day, being the report greeable aspect which has awakened so strong of the Committee on the Declaration of Rights and earnest an opposition to its adoption. I which was on its second reading. contend that this is nothing more nor less The 4th article,'declaring the paramount than the Constitution of the United States as allegiance of every citizen to the Government it now exists; and that the deduction which of the United States, was under consideration. ~ he committee have put into the article is the The pending question was upon the mow necessary sequitur from the premises. That tion of Mr. BRISCOE, to strike out the word if the Constitution and the laws passed pur- "paramount." suant thereto, are the supreme law, and all Mr. SCOTT said: It is useless, Mr. Presiinterposing obstacles in the way of conflict- dent, to atte:npt to disguise the fact that a ing laws must disappear, then it is neces- sort of languor pervades this Hall, particusarily the paramount law. If it is supreme larxy after dinner. It may be the effect of' good law, then supreme obedience is due to it, and eating-I do not know what else it can be. if supreme obedience, then paramount obe- Nothing certainly was more foreign to my dience. intention when this article was reported from These, sir, are my views, hastily and per- the committee, than that I should say one haps incoherently expressed. I had not pur- word upon it, except to record my vo e upon posed to enter into this debate at all; but its final passage. I have, however, thought had intended to sit here as a listener only. it due,'not only to myself; but to the people But an honored friend on the other side of whom I have the honor in part to represent the house, came to me and spurred me into here, to do something more than record my these remarks. I owe the house an apology vote; particularly if a lull occurred in the for thus occupying their time without proper storm of debate so that my voice could be preparation. heard without interfering with or in any way On motion of Mr. DANIEL- retarding the business of the Convention. The Convention then took a recess until And as that lull appears to have come upon half-past four P. M.. us, I will occupy a very brief period of time in the consideration of the subject now pendAFTERNOON SESSION. ing before this body. We are now making history, Mr. President, The Convention reassembled at 4ccand our acts here will be read in the light of P. M... different times. And when our acts here are The roll was called and the following memThe roll was called and the following mem- read by the people of Cecil county and those hers answered to their names: Messrs Golsdsboroug o President; Ab tw: who know their history, they might be disAnnan Bakessrs. Billiorougsey, relackisent; Abb, posed to question whether Cecil county was Annan, Baker, Billnsey, Backiston, Bris- represented upon this floor; or, if representcoe, Brown, Chanmbers, Cunniugham, Cush-ed, who he could be who could hear such ing, Daniel, Davis, of Washington, Dellinger, heresies advocated here without one word of Duvall, Earle, Ecker, Edelen, Farrow, Gale, reply. Galloway, Greene, Harwood, Hebb, Hoffman,rep. Since this Hollyday, Hopper, Hor~seyJoheXs, ofSomerset, morning's session I have jotted down a few Keefer, King, Lansdale, Lee, Marbury, MceefComaser, Mitchell, Mille, Muikin, Murray points which I thoughtI might make if opComas, Nymanl, Parker, Parrabn, Purnell portunity was given me. And I propose to Negley, Nyman, Parker, Parran, Purnell, address myself to them as briefly as possible. Robinette, Russell, Sands, Scott, Smith, of Smith, of Worcester, Sneary, Stir- I come from a section of country where, in Carroll, Smith, o ocse Snr ti the sense in which it is understood here, we ling, Swope, Sykes, Todd, Turner, Valliant, have no afternoon. Nurtured among the Wickard, Wooden-119. woods, the forests and hills, and accustomed to toil in the fields and in the mills, amid the clashing and clangor of wheels and machineOn motion of Mr. SCOTT, the following or- ry, the afternoon is as important to us as the der was adopted: forenoon. And consequently if I do not fa -499 tigue the Convention, I shall feel little con- side of the question, abounding as the speeches cern about becoming tired myself, because did in philippics of the most severe and bitthis is the afternoon rather than the forenoon. ter character, in denunciations the most of the day, [Laughter.] sweeping against the administration generAnd here permit me to. say that I have ally, all these speeches had one distinguishing never listened to a discussion with which I feature. I will say here that they manifested have been more pleased, not only as to the a great deal of ability, a great deal of rematter, but as to the manner of its delivery; search, and as literary, an(t historical, and and the courteous, kind and gentlemanly legal efforts, they were really creditable. bearing of all the speakers towards each But the same remark will apply to them all other and towards the House generally. And -there was not a particle o[ soul in them; being unaccustomed myself to speaking, I there was not a single patriotic aspiration;,have some fears that I may unintentionally there was not a single wish or preference extransgress the rule and make an exception to pressed by which the stranger listening to the generally courteous and gentlemanly be- them could have told whether the speakers haviorof members here. [Laughter.] And I belonged to the Federal Government or to disavow in advance any intention to give of- the Rebel Government. The gentleman from fence, at the same time that I think it is Prince George's (Mr. Clarke) whofirst spoke, quite likely I shall deliver myself of some said that the question had been submitted to ideas which may not be wholly palatable to the arbitrament of the sword, and there he all, and in a manner rather uncouth. would let it be. But be never manifested Though I was the author of the hour rule the least concern as to which way that decisunder which we are now operating, I did not ion terminated, whether in favor of the Govoffer it with any disposition to limit debate ernment of his country or in favor of those or to stifle the freest latitude of discussion. who are trying to break it up. With as But knowing that there were a great many much indifference as a Frenchman or an persons to speak, and that time has a limit, I Englishman could have stated it, he said it thought it proper to liu:nit speeches to an had been submitted to the arbitrament of the hour in length, supposing that was time sword, and there let it be. I could not help enough fora man to speak who had anything thinking of some lines written by the old to say; and that if he had nothing to say poet: he ought to get done in an hour. And I was not at all concerned whether the oppo- Who never there a man withas said o dead, nents of this article monopolized all the timelf has or whether it was divided with those who This is my own, my native land? think as I do; for I think they will live to If such there breathe, go mark him well; see the time when they will regret that their For him no minstrel rapture swell names go down to posterity connected with High though his title, proud his nae, such heresies as they have uttered here. And Boundless his wealth as wish can claim, they have more to suffer-for they have made In spite of all his power and pelf, longer speeches and I believe more of them The wretch concentered all in self than have come from our side-they will Living shall forfeit fair renown, have more to suffer in the estimation of those And doubly dying shall go down who may read them hereafter, than we will To the vile dust from whence he sprung, who have said less. Unwept, unhonored and unsung." And if the time ever comes when my hon- It was painful to notice the total absence orable friend from Howard (Mr. Sands) shall of any patriotic emotion, any desire for the get his philosophical and moral lever erected, success of the arms of the Government over [laughter,] I hope he will attach it not to the the traitorous horde that is trying to destroy doctrines which have been uttered here, that it. There was not one word of cheer for the he may by no possibility raise them. The brave men who are periling their lives in doctrines themselves are bound downwards; efforts to uphold the glorious old flag of our [renewed laughter] they belong to a different country; nor one word of condemnation or sphere. The tragical operations of those doc- rebuke of the godless crew that inaugurated trines sent the first colony to that region. this rebellion to break up this Government. [Laughter and applause.] But in mercy to With the most utter indifference the gentlethe gentlemen who have advocated those doe- man said it had been submitted to the arbitrines here, I wiould like the lever to be at- trament of the sword, and therelet it remain. tached to them, in order to detach them from Another very remarkable feature which the doctrines that are tending downwards; struck me in listening to this discussion, long these no philosophical or other lever can ever and able as it was, was the diversity of opinraise, and which will inevitably carry their ion expressed by the opposition. Now, truth. authors with them if they do not get loose is simple and always consistent with itselffrom them. and if no other proof was presented of the Mr. President, all this lengthy labored dis- utter absurdity and falsity of the propositions cussion to which we have listened on that advanced here, their inconsistent y with them 500 selves and each other would be sufficient. Of tial law was no law, but the absence of all all the speeches delivered here, no two of law; and that we in Maryland were suffering them have been alike; no oneeven completely under the greatest tyranny and oppression consistent with itself. I do not mean in felt anywhere on earth. Now, the very fact point of talent or authority; but they have that the gentleman was permitted to utter not been in the same direction, they have not such language in this House or anywhere taught the same doctrine. One gentleman else under the flag of the United States, proves tells us that there is a sort of mixed alle- the utter falsity of his owp assertions. giance; that a part of the allegiance of the The doctrine of State rights as taught by citizen is due to the State Government, and the Prince George's school, or the Somerset a part to the United States Government; school, is no new doctrine. As early as 1831 but neither is paramount. Another gentle- and 1832 it was tauoht in South Carolina, man seems to ignore almost entirely the and attempted to bereduced to practice there. existence of the United States Government; But it so happened that we had a stubborn he says that the State governments are su- old customer in the Presidential chair-olne preme; though there was a sort of obedience Andrew Jackson. [Applatuse.] He had not due for the time being to the United States got his education in that school, and if I had Government, it might be withdrawn at any thought of it, before I came over here this time. afternoon, I would have brought his proclaBut my honored friend from Somerset (Mr. matidn along, for it is first-rate reading, and Jones) presented about the rawest specimen of I think as much to the point as anything that secession-with all due deference and respect I can be read here He had something to say make the remark. [Laughter.] He said the about that matter, and inflicted upon it such States could assume the rights and powers Ia total and overwhelmino defeat that since granted to the General Government at any that time it has not dared to show its face time; that it was a perfect matter of conve- openly, but has pursued its purposes in a senience to them. They could remain in the cret and disguised way. Union as long as it suited their purposes, and Consequently, we heard of Southern comat any time without a moment's notice, with- mercial conventions, in which all the Southout a word of alpooogy, they could withdraw ern States we. e represented. Whit they did their powers from the General Government behind the curtain the world never knew, and establish themselves into an independent except as it could judge from the developnation. -Indeed the wholedebate reminds me ments made since. Publicly they made great very much of what I see on the restaurant signs professions about slte'mships from New Or-'"Oysters in every style;" [Greatlaughter.] leans and Mobile, perhaps some other ports, The Somerset dish I designate as the raw; to Europe; a great anxiety for ocean steam [renewed laughter,] the Prince George's dish is communication. That was what the world cooked and somewhat seasoned to suit a more heard of. But their real purpose was to edudelicate palate. [Continued laughter.] These cate the Southern mind into the belief that remarks apply about the same to all of them; the State governments were superior to the there were no two of theispeeches alike. General Government; so that whenever the But notwithstanding the great variety of interests of slavery taught them it was time these speeches, the wide range they took, and to break down the General Government, the their dissimilaritt in many respects; it mat- people would be prepared to do it. That tered not what their terms were, nor how was the simple purpose for which those they pursued their theory, they all arrived at Southern commercial conventions werecalled. the same result. I do not know exactly what And although the Constitution of the United to call it. I know they most all denounced States expressly prohibits the States from anything like secession, and of course, we sending or receiving ambassadors, yet they have to take them at their word, and I will baptized certain individuals " State Commisnot call them secessionists. But if I was up sioners," who went travelling hither and in Cecil county, I should call them all seces- thither' all over the country laying their plans sion speeches, for we have a homely way up to break up this government. there of calling things by their right names; And here permit me to say that, notwithand thet iswhat I Would call all these speeches standing the general expression of loyalty if made up there. made by gentlemen here, their opposition to I forgot one gentleman from Somerset, (Mr. secession, and their devotion to the country, Dennis.) His fury against the administra- which I do not choose to question, there is tion and the government was so intense that one very remarkable coincidence to be nohe forgot to say whether he was secesh or ticed. That is, that Burnett, and Breckinnot; whether there was any allegiance due ridge, and Davis, and Yancev, and Rhett, and to anybody or not. He was so rampant and Wigfall, and many othei s now in arms against raging at the assumption of military power the Government of the United States, all made or martial law by the General Government, just such speeches and professions up to the that he forgot everything else, and did not very hour when they left their stats in Conexactly state his platform, except tha.t mar- gress to take their places in the ranks of the 501 rebellion. That is the only suspicious cir- the Government of the United States, and can cumstance about these speeches; they so much change either or both at their pleasure. resemble the speeches delivered by those At first, during the operation of the artiworthies, professing identically the same de- cles of confederation, the sovereign power votion to the country. Davis is even said to was only partially lodged in the Government have left the chiamber of the Senate of the of the United States. But that was evidently United States with tears in his eyes. I do so unfit for the purposes for which it vwas innot know whether his conscience could have tended, that the people forned a new governsmitten him I reckon not. I think it likely ment, and enlarged and increased the powers he thought the fare would not be so good of that government by a direct grant of powwhere he was going [tlualhter]-that proba- ers from the people. And in that grant they bly had something to do with his tears. enumerated, by expressly naming them, parThe gentlemen of the opposition have urged ticular functions of sovereignty that they that whether this doctrine of supreme and wished that Government to enjoy and exerparamount allegiance be true or false, the I cise. Now take away from any sovereign in Declaration of Rights is not the place to put Europe, the mightiest there, the powers and it, as that contains an enumeration of the functions enumerated in the Constitution of rights belonging to the people, and not the the United States as being vested in the Govpowers wielded by'he Government. At first ernment of the United States, and what a glance, that' assertion seems to have some sorry sovereign you would have; a sovereign plausibility about it. But I hold that the that could not raise an army; that could not people of IMaryland are entitled to the privi- build a frigate; that could not mlake peace lege of being citizens of the United States; or war; that could not send or receive an they have an equal interest with others in the ambassador; that could not coin money, or history of the past, and all the glory that regulate commercial intercourse; theat is the clusters about the name of American citizen;i kind of sovereign he would be. The Govthey have an equal interest in the flag of their ernment that holds and exercises these essencountry. And if they have an equal interest, tial and important attributes of sovereignty, in those things, then they must owe allegiance! must be the supreme power; and if so the to the Government which is supreme. paramount allegiance of the citizen or subject Several gentlemen upon the other side have is due to that power. This divests the quesrather triumphantly asked the question, if tion of all the difficulty in which the opposithe creature could be above the creator, tion seemed to suppose they had involved us, meaning that the State governments created in regard to the creature beinT above the,the Constitution and Government of the creator, as there is no attempt to put the United States. And they asked the question Government above the people, the people bewith some show of triuimph, if the Constitu- ing supreme and above both State and Gention of the United States could be greater eral Governments. than the Constitution of the State, inasmuch The gentleman fiom Prince George's (Mr. as the State governments were its creator. Belt) said that the people were sovereign. To which I reply that the Constitution of the Abstractly that is so; but pra(-tically that is United States, equally with the Constitutions not so; for allegiance is not due from one of the States, is Ihe creature of the people, not man to another and back again. The mob of the States. The people are master and su- that desecrated the streets of Baltimore were preme over both, and can alter either as they sovereign, in one sense, at that time; they see proper, and can transfer and locate pow- were masters for the time. What I underers in which they think proper; or can vest stand by the sovereignty of the people, is their sovereign powers in any other form that particular mani!estiation of it which we they see proper. call government. Government consists of a:iMr. MILLER. Will the gentleman from Ce- Constitution,laws made in pursuance thereto, cil (Mr. Scott) answer the question, whether and officers appointed to carry out the will the majority of the people of the United States of the people, as manifested in that Constitucan alter the Constitution of the United tion and those laws. That embodiment and States? manifestation of the sovereignty of the peoMr. ScoTT. In the manner prescribed by pile is that to which allegiance is due. As that instrument they can. the Government of the United States holds Mr. MILLE. They cannot do it; -it is im- the most important powers-without which possible. there can be no sovereignty at all, without:Mr. SCOTT They can do it in the manner which we would be the prey of every one they have themselves prescribed. The peo- that san fit to molest us-as the Government pie of the United States formed the govern- of the United States holds all these important ments of the States and of' the United States. pogwers, those that inhere in and necessarily And according to the doctrine we all agree belong to sovereigns, to that Government unupon, that the people are sovereign in this questionably must the paramount allegiance country, then the people are not only mas-of the citizen be due. ters of the State governments, but masters of The people can withdraw these powers of 502 sovereignty from one government and invest ofrights. While the storms ofwar are surgthem in another, just to suit their purposes. ing all around us, devastating whole districts In the manner prescribed by them in the of counrtry, what but the arm of the GovernConstitution, if the people saw proper, if they inent of the United States has saved our fields thought that the State governments were from devastation, and our towns and cities overborne by the General Government, that from destruction? We scarcely know practhe General Government was too strong, too tically that there is any war in the land. The powerful for the proper working of the State giant arm of the Government of the United governments, they could call a Convention States has been thrown around this State, and divest the General Government of a part and has shielded it from harm, notwithstandof its powers, and re-invest them in the State ing all the efforts of State rights agitators in governments. and around it. If those gentlemen had had But the Union is the great casket in which their way-not that they meant it at all; I do the people of the United States have lodged not mean to insinuate that. [laughter,] because their jewels, among which is the first and they all profess to be good Union men, and greatest jew el, the sovereignty of the people. we must take them at their own valuationAnd here let me say that where the treasure but the legitimate consequence of their is, there will the heart be also. That is as teachings is, that the States have the right true now as of old. The people have invested at any time to throw off the control of their greatest treasures in the good old the General Government. And had they Union, symbolized in the flag that floats over done so, there was an army on our frontier us from the dome of this capitol. And our ready at any moment to march across and hearts are there because our treasure is there, lay waste the country, and cut the throat of and there is our allegiance due. any man who dared to speak a word in favor There is another reason why it is very fit- of the flag of his country. And instead of ting that thepeopleofMaryland shouldengraft gentlemen lteing here to-day discussing this provision upon their bill of rights. It is whether we should put this or that article in sneered at here, because it is novel, because the bill of rights or in the Constitution, we no other State has it. And least of all did I should have been, if left alive, in some dunthink the gentleman from Anne Arundel (Mr. geon, some Libby prison. And shall we, Miller) would have gone to Massachusetts in who owe everything we have to the protecsearch of a model. But he did, and because tion of the General Government, who in conhe does not find such a declaration in the bill sequence of that protection have been enabled' of rights of Massachusetts he concludes that to rest as quietly and peacefully as an infant it would not be good for Maryland. The sleeping upon its mother's breast, without people of Massachusetts doubtless looked upon thought of danger, or fear of harm, shall we its being understood as a matter of course; be told that it is sycophantic and beneath the that nobody would doubt it. They have free dignity of a sovereign State to put in the schools in Massachusetts; the people are all bill of rights the declaration that we have reeducated there; and there is no need there ceived this protection and owe allegiance to for a ten days' discussion to prove where a the Government that has given it to us? man's allegiance rightfully belongs. [Laugh- Shame on the man who receives so great a ter and applause.] favor, and then refuses to make a grateful Now, with a view to show what our fathers return for it. [Loud applause.] thought on this subject, I will read the pre- Yes, sir, it is the strong arm of the Govamble of an act passed in.1777, before the ernment of the United States that has proConstitution of the United States was formed. tected us, and we owe allegiance to it for that It begins in this way: reason, if for no other; for " allegiance and "Whereas, in every free State allegiance protection are reciprocal," and go hand in and protection are reciprocal,. [mark the hand. And when my honored friend from words,] and no man is entitled to the benefit Howard (Mr. Sands) said the other day that of the. one who refuses to yield the other; we owed our safety to the people, if he had [that is very logical;] and as every inhabitant just qualified it by saying, " the people that of this State enjoys the protection and benefit came down with Ge,,eral Butler," I would of the Government and laws thereof, and it have believed every word of it. [Applause.] is reasonable that every person should give It wasto them that we owed our safety. For testimony of his attachment and fidelity to the people of Maryland, the people of Anne this State and the present government thereof Arundel, and their neighbors, destroyed your as now established." locomotives, tore up your railroad tracks, cut That is the waiy they reasoned about it; down your telegraph poles; and they did the that, as the Government protected them, they same in Baltimore. And if they had had were bound to.obey it, and not only to obey their way, instead of your being a proud sovit, but to give some. manifestation of their ereign State, as gentlemen say we are, to-day attachment. we would have been dragging at the tail-end Now, on that theory, Maryland, of all the of the Jeff. Davis Confederacy; a spectacle States, ought to adopt this article in her bill to excite the derision and ridicule of the 503 world. [Applause.] Instead of which we Kennard, King, Lansdale, Larsh, Lee, Mace, are seriously debating whether the State of Marbury, Markey, McComas, Mitchell, Miller, Maryland is greater or less than the United' Morgan, Mullikin, Murray, Negley, Noble, States. [Great applause and laughter-.] Nyman, Parker, Parran, Peter, Pugh, PurNow taking ththetheory of thegentlemen, if nell, Ridgely, Robinette, Russell, Sands, we have actually grown so great, if we are Schley, Scott, Smith, of Carroll, Smith, of actually the peer of the Government of the Dorchester, Smith, of Worcester, Sneary, United States, then I humbly conceive that Stirling, Stockbridge, Swope, Sykes, Thomas, no one will deny we owe that greatness to the Todd, Turner, Valliant, Wickard, Wilmer, Government of the United States, for with- Wooden-87. out its protection we should ere this have The journal of yesterday was read and apbeen trodden to the earth; then we must proved. owe a paramount allegiance to the power On motion of Mr. GREENE, that has protected us, and made us what we It was ordered to be entered on the journal, are. that George A. Thruston is absent from his I have already occupied more time than I seat in consequence of domestic affliction. intended, and I will now bring my remarks AFTERNOON SESSIONS. to a close.. VOICEs, in all parts of the house, " Go on," Mr. WICKARD moved to reconsider the vote' go on." by which the Convention determined on MonMr. SCOTT. NO. I have but one rule, and day last to hold two sessions daily until the that is, never to speak until I think I have close of the debate on the report of the Comsomething to say, and when I have said it, to mittee on the Bill of Rights. stop. Upon this question Mr. STIRLING called for Mr.'MIILLER. I do not suppose any one the yeas and nays, which were ordered. else desires to speak this evening. If any The question being then taken, by yeas and one does, I will withdraw the motion I pro- nays, upon the motion to reconsider, it repose to make. I move this Convention now sulted-yeas 55, nays 30-as follows: adjourn. Yeas-Messrs. Barron, Berry, of Prince The question being taken on the motion to George's, Billingsley, Blackiston, Bond, Brisadjourn, it was not agreed to. coe, Brooks, Brown, Chambers, Clarke, CrawOn motion of Mr. DANIEL, the further con- ford, Cunningham, Dail, Daniel, Davis, of sideration of the report of the Committee on Charles, Dennis, Duvall, Earle, Edelen, Gale, the Declaration of Rights was postponed until Hatch, Henkle, Hollyday, Hopkins, Hopper, to-morrow. - Horsey, Jones, of Cecil, Jones, of Somerset, Mr. DANIEL. Now, in order not to lose Kennard, Lansdale, Larsh, Lee, Mace, Marthe remainder of the afternoon session, I bury, Markey, Mitchell, Miller, Morgan, Murmove to take up the report of the Committee ray, Nyman, Parran, Peter, Purnell, Ridgely, on the Elective Franchise. [Cries of " No," Sinith, of Carroll, Smith, of Dorchester, Smith, "No."] Well, I will move that we take of Worcester, Stockbridge, Swope, Sykes, up the report of the Committee on Future Thomas, Turner, Valliant, Wickard, Wilmer, Amendments to the Constitution. Wooden-55. The question being taken, the motion was Nays-Messrs. Goldsborough, President; not agreed to. Abbott, Annan, Baker, Cushing, Davis, of On motion of Mr. ToDD, Washington, Dellinger, Ecker, Farrow, GalThe Convention then adjourned. loway, Greene, Hebb, Hoffman, Keefer, King, McComas, Mullikin, Negley, Noble, Parker, Pugh, Robinette, Russell, Sands, Schley, THIRTY-FOURTH DAY. Scott, Sneary, Stirling, Todd-30. THURSDAY, June 16, 1864. TThe motion, to reconsider was accordingly agreed to. The Convention met at 10 o'clock A. M. Mr. CHAMBERS, when his name was called, Prayer by the Rev. Mr. McNemar. said: I desire to explain my vote. I shall The roll was called, and the following vote for this reconsideration because I do not members answered to their names: think with the present arrangement it will be Messrs. Goldsborough, President; Abbott, practicable for the Committee on the Judiciary Ainnan, Baker, Barron, Berry, of Prince to arrange its business for weeks to come. George's, Billingsley, Blackiston, Bond, Bris- We have made the experiment, and unless we coe, Brooks, Brown, Chambers, Clarke, Craw- can have either the morning or the afternoon ford, Cunningham, Cushing, Dail, Daniel, we cannot conclude our business. I am cerDavis, of Charles, Davis, of Washington, tain the chairman of the committee will susDellinger, Dennis, Duvall, Earle, Ecker, Ede- tain me in this assertion. I vote "aye," len, Farrow, Gale, Galloway, Greene, IHar- with a view to rescind the order requiring afwood, Hatch, Hebb, Henkle, Hodson, Hoff- ternoon sessions. man, Hollyday, Hopkins, Hopper, Horsey, Mr. STOCKBRIDGE said, when his name was Jones, of Cecil, Jones, of Somerset, Keefer, called: I concur in the statement made by the 504 gentleman from Kent (Mr. Chambers..) I Mr. VALLIANT.. Then I vote "aye." have every disposition to work in the Con- Mr. SCOTT. Out of a kind consideration vention, or for the Convention,.as many hours for this: overworked body, which I think in the day as it is proper and possible for any must need some rest, I move that we now one to do. But I do not see the possibility adjourn. ofthe Committee on the Judicial Department The question being taken, the motion to being able to report for weeks to come, with adjourn was not agreed to. the present. arrangement, taking the morning, and afternoon from us. Therefore, I shall vote "aye " for the purpose of rescind- The Convention then resumed the consideing this order until the report of that com- ration of the order of the day, being the remittee is made to the Convention. port of the. Committee on the Declaration of The question was upon agreeing to the or- Rights, which was on its second reading. der requiring two sessions of the Convention The article under consideration was Artieach day, at 10 A. M. and 41 P. -M., until the cle 4, which reads as follows: report of the Committee on the Declaration of' "The Constitution of the United States, Rights has completed its second reading. and the laws made in pursuance thereof, be. Mr. BELT moved to amend the order by ing the supreme law of the land, every citistriking out "four:and a half" and inserting zen of: this State owes paramount allegiance ~'three," so that the afternoon session would to the Constitution and Government of the be at three o'clock. United States, and is no.t bound by any law Mr. LARsH moved to lay the whole subject or ordinance of this State in contravention or on the table. subversion thereof.":Upon this question Mr. HTEBB called the yeas The pending question was upon the motion and nays, which were ordered.. of Mr. Briscoe to amend the article by strik-. The question being then taken,, by yeas ing out the word "paramount." and nays, upon the motion to lay the whole Mr. CHAMBERS. 1 desire to propose the folsubject on the table, it resulted-yeas 51, lowing amendmen t to this article: nays 34-as follows: Strike out all after the word "that," in Yeas.-Messrs. Barron, Berry, of Prince the fourth article of the report, and insert George's, Billingsley,, Blackiston, Bond, Bris- the words: coe, Brooks, Brown, Chambers, Clarke, Craw- "The Constitution of the United States, ford, Cunningham, Dail, Daniel, Davis, of and the laws made in pursuance thereof, and Charles, Dennis, Duvall, Earle, Edelen, Gale, all treaties made under the authority of the Hatch, Henkle, Hollyday, Hopper, Horsey, United States, are the supreme law of the Jones, of Cecil, Jones, of Somerset, Kennard, land, to which every. citizen owes obedience, Lansdale, Larsh, Lee, Mace, Marbury, Markey, anything in the Constitution or laws of this Mitchell, Miller, Morgan, Murray, Nyman, State to the contrary notwithstanding, and Parker, Parran, Peter, Ridgely, Smith, of every citizen is equally bound to obey all orCarroll, Smith, of Dorchester, Stockbridge, ders or ordinances of those who for the time Thomas, Turner, Valliant, Wickard and Wil- being administer the Government, so far as mer-51. such ordinances shall be in conformity to the Nays.-Messrs..Goldsborough, President; Constitution of the United States, and laws Abbott, Annan, Baker, Cushing, Davis, of made pursuant thereto."'' Washington, Dellinger, Ecker, Farrow, Gal- Mr. CHAMBERS said.: I merely wish to add loway, Greene, -lebb, Hoffman, Hopkins, that I am not to be understood as meaning Keefer, King, McComas,. Mullikin, Negley, ultimately to vote for the insertion of any Noble, Pugh, Purnell, Robinette, Russell, such proposition into the declaration of rights, Sands, Schley, Scott, Smith, of' Worcester, or any proposition having consanguinity with Snealy, Stirling, Swope, Sykes, Todd and it. 1 only submit this as embodying the theWooden-34. ory which I entertain upon this subject. At So the motion to lay the whole subject on the same time I say that the bill of rights is the table was agreed to. not, in my humble judgment, a fit place on Mr. VALLIANT, when his name was called, the pages of which to record this proposition. said: I would like to inquire before voting if However true in itself, it does not belong to the vote to lay this subject on the table can this Convention to place it amongst the artibe reconsidered at any time hereafter? cles asserting the rights of the people of the.The PRESIDENT. The laying a proposition State of Maryland. Even if amended, I shall on the table does not prevent the majority ultimately vote against the whole proposition. from taking it up at any time without a re- The PRESIDENT. The gentleman from Kent consideration. It is simply an indication of (Mr. Chambers,) can attain his object by givthe sense of the House that the proposition ing notice of his intention to move to strike should not be considered at that time, but is out and insert what he proposes, and the laid upon the table for future consideration question will be taken upon his motion when should the Convention determine to take it the pending amendment shall have been disup at any time thereafter. posed of. 505 Mr. CHAMBrERs. Then I give that notice. relative powers of the Gover.ment of the And if there be any member of the Conven- United States and the powers of the State tion on either side of the house who would Governments, that he felt ashamed to mendesire to address the Convention upon this tion the word "Constitution." It hadhbesubject, it would rather be a relief to me than come a word of derision. I refer to no less a an interruption to have the gentleman indulge man than Mr. Collamer, a Senator from the his wish at the present moment. I have been State of Vermont, a man who holds a. very indisposed for some time past, and hardly feel high position, for his literary and political atin a condition to address this body. [A tainments, as a statesman in this country. I pause.] In the absence of any purpose on ask then with what encouragement can we the part of any gentleman here to address approach the discussion of this question, when them, I must ask the indulgence of the Con- in the Senate of the United States. even one vention until the arrival of a page that I of the high priests of the party represented have sent to my rooms to get what few pa- by the majority upon this floor, felt conpers I have upon this subject strained to use such expressions as-these: "I Mr. BaIscoE. Mr. President, I feel that in do not wish to occupy the time of the Senoffering to substitute myself in the stead of ate," said Mr. Collamer, "by making any the gentleman from Kent, (Mr. Chambers,) remarks about the Constitution of' the United even lor a very short time, and thereby obtrude States. I think it a subject almost of derision my remarks upon the attention of this Con- here-with many gentleman it is an object of vention, I am placing myself in a very deli- derision. As it is so in a great measure, and cate position. Notwithstanding that, if I a man is sneered at for mentioning the Conam permitted to proceed, I will say a very few stitution, and if he has a decent respect for words in advocacy of the amendment which it and for his own oath, he is called a' timid I have offered, and which is now pending be- man.' I do not wish to take up much of the fore this body. attention of a body where such a subject is It seems to me that this is a question of treated in such a manner." When our pubvery great importance. In looking back upon lic men at the head of the Government so the course of argument that gentlemen have speak, will we not hesitate here and feel hupursued upon this subject; taking the range miliated for our country? of the whole political history of the country; When I first moved to amend this article discussing the merits of the men who are now by striking out the word " paramount," I administering this government; discussing did not expect that the discussion upon it in the causes that produced the present civil this body would have taken this wide and exwar; examining the circumstances that have tended range. It is true, I had some precongiven rise to it; we are very clearly travel- ceived ideas of the kind of government we had ling out of the legitimate range of the subject lived under in the State of Maryland. I had before the Convention, and going into the turned to the Declaration of Rights under consideration of questions not pertinent to it. which we had lived, but had found no article If we enter upon a review of the acts of the therein partaking of the character of the one Legislature of Maryland at Frederick, it must here proposed. I had also looked to the Conbe seen that it will open up so wide a field of stitution of the United States. I had been debate that it becomes really a matter of some taught to believe, and hadl so acted in my difficulty for one addressing the Convention, political career in the past, that the Constituat this stage of the argument, to know how tion of the United States, and the laws of to progress with the subject before-us. Any Congress passed in pursuance thereof, and all of. us who will look to the times and circumn- treaties made under the authority of the Unistances upon us, who will look to the occur- ted States, were the supreme law of the land. rences in the history of our country for the I had further found that the State of AMarylast few years, and consider the actual con- land, in defining what the rights of her people dition of the public mind even upon the ques- were, had said in the second article of this bill tion of calling this very Convention, will feel of rights, which article this Convention has but little encouraged to address himself to already adopted, that the people of this State a question of grave constitutional character, ought to have the sole and exclusive right of IL believe it has come to be generally con- regulating the internal government and police sidered that the word " Constitution" con- thereof. veys almost an obsolete idea. It has been said Now, when this novel proposition came beby somebody that it is a word more talked fore this Convention, it seemed to me that, if about and less understood than any other we determined to adopt it, it would tend in word in the English language. I have thought all time to come, so far as the legislation of so, too, and would therefore approach the sub- the Federal Government could affect the fuject under any circumstances with very great ture administration of the affairs of this State, diffidence. Indeed; Mr. President, it was de- to encourage the exercise of those broad and cldared in the Senate of the United S:ates, by enlarged powers of the Government of the a man occupying a very high position in this United States, which I believe has been the country, a few months ago in discussing the Pandora's box whence have issued all the 33 506 evils under which we are this day so lament- power not clearly defined, one not delegated ably suffering. In looking back into the to the governmentat Washington: hands off: past history of my country, I have seen every- leave this question to be controlled by the where the Federal Government has been too legislatures of the States. Again, when the no eager to assume to itself powers of a doubt- less dangerous policy of' projecting schemes of ful character, that the assumption of these internal improvements in this country seized powers has engendered discord and jarring the public mindl; when it was proposed to conamong the sovereign States of this Union. centrate in the General Government the power I had very clearly seen in the past history of of carrying out grand and startling projects our people, that from the origin of the gov- of railroads from one section of the country ernment there have been two classes of poli- to the other; a power which the States' ticians in the land-political thinkers, if you rights party in this country always denied, choose to call them so. and which they said would produce difficulThere had been one class of men who have ties among the States; contending that their taken the preamble of the Constitution of' the practical effect When carried out would proUnited States, and by an interpretation of that duce jealousy between sections of the country. preamble, assumed to exercise powers in the It would be said to the Government at Washadministration of the Federal Government, ington-you are dispensing the benefits of which the States, North and South, protested this Government to the States of one section, against from its origin. The exercise of these to the prejudice of the States ofanother section. powers has well itigh driven the States, North When that question came up the State and South, heretotbore upon the verge of re- rights party of the country said: Your true sisting by force and violence the Government policy is to leave that subject to the States; at Washington. let it rest with them; you cannot point out Looking back upon that history, I am un- in the Constitution of' the United States any willing to take any new step now that, by warrant for the exercise of the power; and doubtful construction of this very article, unless you find there the authority expressly may induce those men who are disposed to enumerated and clearly defined, then forbear put a latitudinous construction upon the pow- its exercise. This alone will secure peace; ers of the General Government in all time otherwise it will result in sectional jealousies to come, to interfere with the rights of the and in sectional discord. It will tear the State of Maryland. For, as I have just said, hearts of the people of the States away from I believe that the exercise of those unauthor- their common Government at Washington. ized powers-not what the majority xwho Sir, it was the samie thing with the tariff. have spoken here have designated as the pes- There was one portion of the States that tilent doctrine of State rights-I believe be- maintained you must have what was termed fore God that the assumption of those powers a high, protective, discriminating tariff in by the General Government has precipitated this country. Another section ot the country upon us all the calamities and bickerings, said that free trade was the right policy; and and troubles that ever have existed between that the power to lay this high protective tariff the States; aye, sir, has eventually brought was a power that no man could point out in about this deplorable war. the Constitution of the United States; that Sir, that school of politicians of which it was a power of inferences; and that these John Adams was the head, first started this inferential powers ought not to be exercised theory, this idea that we were to have a great by the Government of the United States. To government at Washington with transcendent what did it lead? The very moment the powers; an idea which I know addressed it- Government at Washington undertook to self with some patriotic force to the minds of carry out their high protective tariff doctrine, men-an idea, I believe, which, carried out there was a spirit of discord in one section of in France, ultimately converted her govern- the confederacy. South Carolina itself was ment into a despotism and an empire. They upon the verge of nullification. It was in held that the Government of the United States this manner that this practice grew up of this was to be glorified; that it was to be clothed exercise of doubtful powers by the Governwith these undefined and illimitable powers inent; this disposition to ignore the rights of to the prejudice of States and State institu- the States, and to build up and concentrate tions. These leaders of that part y, whenever all power in the Government of the United they have heretofore held the reins of govern- States. mert, and uniertaken to carry out that ides, Now sir we say that this policy is beinc have brough —t about these jealousies and these carried out by the Government at this very troubles. When Adams was President of the time; the assumption of these unlimited and United States, they inaugurated the alien and undefined powers. Then, sir, we come to sedition laws. this other question of slavery, whicl. gentleThen came the charter of the United States men charge has been the cause of the dissoluBank. What said the State rights party tion of the Union, or this war, if they prefer of this country then? They said it was so to charge it. How natural was it for the a power of doubtful constitutionality; a State rights party in the land to say to the 507 Government of the United States-if you supreme law of the land, every citizen of this touch this question of slavery, which is a sec- State owes paramount allegiance to the Contional one, confined to a particular section of stitution and Government of the United States, the Union, you touch a question that will ul.. and is not bound by any law or ordinance of timately break up this Union. They not only this State in contravention or subversion told the Government that, but they asked thereof." them to point to the Constitution of the United Now, I ask my friend. the chairman of the States, and show where they found the power committee (Mr. Stirling ) who instead of urgto touch that institution at all. This States' ing upon us what the Constitution of the rights party said then-the only true doctrine, United States clearly indicates to be our duly, the only true theory of this Government is to that we owe obedience to that Constitution play the game " hands off," and to leave to and the laws made in pursuance thereof, says the States the settlement of those questions we owe paramount allegiance; I ask him that legitimately.belong to them, under a why he undertakes to interpolate here, for the strict construction of the Constitution. Un- first time, that word " Government? " Acdertake to assume these powers at Washing- I cording to our acceptation of the term, the toll, and you dissolve this Union and break Government of the United States is composed up this Government. I of three separate departments, the executive, Now, educated in this school, and adopting the legislative, and the judicial. And when the views of Thomas Jefferson, who, I say, you require me to swear paramount allegiance was at the head of this party of State rights, to the government, to-morrow Abraham Linand admonished by him, I feel unwilling to coin, my servant and your servant, may issue incorporate any article in our Constitution any proclamation he pleases; and under this that would lead the men at Washington who article the gentleman may contend that proare to govern us, to set up any claim of right clamation is an authority emanating from the to interfere with the domestic concerns of this Government of the United States. Why, sir, State. What said Mr. Jefferson upon this I want no such article put in this bill of subject of concentration of power in the Gov- rights. I want clearly and distinctly defined ernment of the United States? He said in what we are and what we want ourselves to 1825, at a time when his head was cool, re- be in time to come. God knows I do not anplete with wisdom and experience in the ad- ticipate that any article or clause you put in ministration of this country, and when he had this bill of rights is likely to do anything for no ambitious purposes to subserve: " I see us as long as this war lasts. I am looking to as you do arsd with the deepest affliction the the future. I want the men who are to come'rapid strides with which the federal branch after us to read and understard why it is we of. our Government is advancing towards the have, without reason, voluntarily come forusurpation of all the rights reserved to the ward and if not by express grant, yet I see States, and the consolidation in itself of the clearly by the probabilities of misconstrucpowers, foreign and domestic, and that, too, tion, laid down the whole of the sovereign by constructions which if legitimate leave no rights of this State at the feet of the Federal limits to their power. Take together the Government. decisions of the federal courts, the doctrines of I tell gentlemen here, I do not care to what the President, and the misconstructions of party they belong, whether to the majority or the constitutional. compact acted on by the to the minority, they must answer this to their legislation of thejfederal branch, and it is but children. We know that the tendency of all too evident that the three ruling branches of power in the hands of men is to pass from the this department are in combination to strip few to the many, from the weak to the strong their colleagues, the State authorities, of the and powerful. The history of your governpowers reserved to them, and to exercise all ment has been but a demonstration of that functions themselves, foreign and domestic." fact. The Government of the United States I am admonished by the doctrines here has left its legitimate exercise of powers and taught that it is my duty here, that it is our. come with the strong arm to strike down the duty to watch with carefulness and see that powers of the State governments. Now, sir, no provision of this dangerous and novel I want this thing explained. In the few recharacter, unprecedented in its character, marks which I undertook to address to this should be adopted by this Convention, which Convention on a former occasion. I said I might lead the Government at Washington so could not understand the reasons for this. It to construe its powers in relation to this State, is true I have been absent a great deal, but that instead of protecting, it might place have not been able to get any light yet upon around it the iron bands of servitude. No, this subject up to this time. sir; Jefferson and those men understood this I understand one view of this thing. In thing., my acceptation of the term, I do owe a paraW hat is the proposition now before us for mount allegiance to the General Government, consideration? It is this: within the scope and the sphere of the proper "The Constitution of the United States and exercise of its delegated powers. That is my the laws made in pursuance thereof, being the doctrine. I do owe allegiance, and I am 508 willing to swear it to the Government of the from now, finds the iron heel of the Govern United States so long as it keeps itself within ment upon her, and undertakes to say, as the exercise of the legitimate powers delegated some of these other States have said, let us go to it by the State of Maryland, and the other into an adjustment of these differences beStates. My allegiance to it to that extent tween us; your laws are unauthorized; we and no further is paramount to that I owe to will settle these troubles in a Convention the State of Maryland. Sir, it can hardly be of States- the answer will be, 0! now, I necessary for me to tell gentlemen that there have you shackled under this fourth article of is such a thing as the reserved rights of the the Declaration of Rights of your ConstituStates. But give this article a practical op- tion, in which you say I am paramount, your eration, and what is the consequence'? In- master, and not your co-ordinate and equal stead of having recourse to what the men who in the structure of this Government. That framed this Government told you, you must will be the practical operation of this thing. resort to on all occasions of a conflict of au- And fearing that, believing that these men thority; instead of pursuing the policy of are about to inaugurate a Government in this calling a Convention of the States to settle country which will of itself overpower the any difficulty that may arise in relation to the States, I shall raise my voice in protest against powers of the State governments and the it. It is at war with the true theory of our powers of the General Government, what do Governinentin all time past, and foreshadows you do? Not what Mr. Jefferson says upon a policy which if carried out in practice will this subject should be done in all such cases. bring us inevitably, judging of the future by You assume the power. He says, " if the two thbpast, under the chains of an unqualified departments should claim each the same sub- despotism. But for the exercise of just such ject of power, where is the common umpire to assumed powers at Washington, before God I decide between them? In cases of little im- believe we would this day be Pt peace. portance and urgency, the prudence of both I admire much the open and candid tone in parties will keep them aloof from the ques. which gentlemen have been pleased to express tionable ground; but if it can be neither themselves upon this question. We underavoided nor compromised, a Convention of stand them and their purposes clearly. They the States must be called to ascribe the doubt- spoke to you about the arm of the Governful power to that department which they may ment thrown around Maryland. But they think best." He nowhere intimates, nor do did not tell how that arm had pierced the the men who framqd your Government, that sides of the unprotected citizens of your the States are not co-ordinate departments of State. The gentleman fiom Baltimore city, one simple and integral Government. (Mr. Cushing,) with a degree of fragrant When you put this word "paramount' in eloquence, as the gentleman from Prince here, without qualification or limnit, you say George's, (Mr. Berry,) termed it, that was in totidem verbis that the powers of the State quite refreshing, said that this Government government are subordinate to the General had been his guardian angel, that it had Government. But Mr. Jefferson says that is thrown its shield of protection over him, and a departure from the true theory of our Gov- that ignoring the State that gave him birth, erniment. He says: forgetful of her past history, rendered sacred "'They are co-ordinate departments of one by so many memories of gi eat and glorious simple and integral whole. The legislative deeds, oblivious of the teachings of her best power of each State is exercised by assem- sons in all time past, he was ready now blies deriving their authority from the Con- openly to avow that all his, allegiance was stitution of the State. Each ib sovereign due to that Government which, with the within its own province. The distribution of' strong arm, the sword and the bayonet, had power between them pre-supposes that these protected him. Now has not the gentleman authorities will move in harmony with each read in the history of this war, that, in vioother. The members of the State and General lation of those rights which our fathers supGovernment are all under oath to support posed they had secured for us as our only both, and allegiance is due to the one and to and sure protection, there have been cititheother. Thecaseof a conflict between these zens of Maryland, whose rights have been powers has not been supposed, nor has any ruthlessly violated by that arm of the Genprovision been made for it in our Constitu- eral Government? has he no sympathy in tion.' his heart for those men who have been downNow, there is the line of separation, and I trodden and oppressed? I heard him express do not want by the action of this Convention none. But we heard him sing praises to that to blot it out. great power at Washington which he is so " But if it can neither be avoided nor com- eager to worship, and for which he is willing promised, a Convention of the States must be to lay down everything, because he says it called to prescribe the doubtful power to that has protected him. But his patriotism did department which they mnay think best." not go out of his own door. But put this article in here, and when Sir, I want the rights of Maryland proMaryland in time to come, say a half century tected. I want Maryland to do her duty to 509 the Government of the United States, but I tear from the brow of the old State of Marywant her as a Government, to do her duty land, the wreath of her free institutions.to the people of her own State. I object to You can surrender to the General Governthis article because it is susceptible of miscon- ment her powers of domestic legislation. struction. Gentlemen may contend that it But is it wise? is it prudent for us to do so? cannot be construed into a direct surrender AIr. Pinckney upon th-at very subject says: of State sovereignty. "' The free spirit of our Constitution and of But I have already occupied the floor too our people is no assurance against the prolong, and will give way to my friend from pension of unbridled power to abuse, when it Kent, (Mr. Chambers.) acts on colonial dependants rather than ourMr. CHAMBERS. 0 1 no sir; your remarks selves. Free States as well as despots have are better than mine could be. oppressed those whom they were bound to fosMr. BRISCOE. I better yield, because that ter, and it is the nature of man thatit should may be ironically spoken. be so. The love of power, and the desire to Mr. CHAMnBERS. 0 no, my friend, do not display it when it can be done with impunity, say that; take that back. is inherent in the human heart. Turn it out Mr. BnIscoE. Well, I will say but little at the door and it will in again at the winmore. In some remarks which I made when dow. Humanity too sometimes plays fantasI offered this amendment to strike out the tic tricks with power. Time however is word " paramount," I referred to some doc- fruitful in temptations to convert discretiontrines which Mr. Pinckney, of this State held, ary power to all sorts of purposes." Time and which I think have been held by good will only demonstrate that if you adopt this men on all sides. He tells you what were article these prophetic warnings will be made the purposes of the Union as made by the the truth of history, and Maryland, by transStates originally. It seems to me we are ferring the protective powers of her State here about to make a new Union, if we adopt Government as now existing, will be made this article. We are about to enter, as Mr. the victim of oppression. Pinckney says, into this company of full- Now, I am unwilling to gratify these genblown States with a different mark upon our tlemen in what I believe to be their objects. brow, not as equal, but as unequal. Now Some of them have been open and bold what does he say is the true theory of this enough to avow that their object is to carry Federal Government of ours, and how do the the powers of the State Government to WashStates stand under it? ington, and lay them down at the feet of the " What is this Union? a confederation of General Government, to be disposed of by it States equal in sovereignty, capable of every- at will. For one I am unwilling by any thing which the Constitution does not forbid possibility of misconstruing this article to or authorize Congress to forbid. It is an give any apology or encouragement for the equal union between parties equally sove- exercise of any such power. It will be used reign. It is not a State in the general-but to infringe upon the rights of the State of a State as you find it in the Constitution." Maryland. Unlike gentlemen in that respect, He says further, if a State should be in this I have seen nothing in the past few years Union in any other view, " crippled and dis- that should at all encourage us to enter upon paraged beyond the other States, it is not this new career of retorm, and indeed re-orwith the original Union. For it is a different ganization of the Government. It may come; sort of Union." "fl ow is the Union formed? I fear it will come but too soon. But for one, By equal contributions of power. Make one I declare before high Heaven, T never will by memtber sacrifice more than another and it any vote or aid of mine, give any furtherance becomes unequal. The compact is of two to this thing, by any possibility of misconparts: 1. The thing obtained-Federal rights. struction of this or any other article that 2. The price paid-local sovereignty. You may lead to it. may disturb the balance of the Union either Mr. CHAnBEaIS. Mr. President, it is not by diminishing the thing acquired or increas- without serious embarrassment. certainly not ing the sacrifice paid. What were the pur- without regret, that I amu on the floor at this poses of coming into the Union among the moment to address this body upon the suboriginal States? The States were originally ject which has been under discussion for some sovereign withoutlimnit, as to foreign and do- days. But my position on the committee, mestic concerns. But being incapable of pro- and the estimation of my friends, have made tecting themselves singly they entered the it my duty to give the views which I enterUnion to defend themselves against foreign tain upon this subject; they probably assumviolence. The domestic concerns of the peo- ing, but mistakably, that its discussion in the ple of the States were not in general to be committee room has enabled me, and my acted on by it. The security of the power of most respected colleague (Mr. Belt) who has managing this by domestic legislation is one heretofore addressed the house, to obtain a of the great objects of the Union." knowledge of some of the views entertained Now, I do not pretend to deny that in your by those who have introduced this proposisovereign capacity here you have the power to tion here. That opinion, if they entertain 510 any such, is quite unfounded. We were and walking on the earth. It is a right to about as well informed, certainly not more be maintained in peace and in war. It is a so, than every other member of this Conven- right which cannot be invaded without detion, when this item in the bill of rights was stroying constitutional liberty. Hence this adopted; for it was virtually adopted by the right should be guarded and protected by the majority of' the committee before it saw the freemen of the country with a jealous care, light of the committee-"oom. I, however, unless they are prepared -" yield to the request of several gentlemen, For what? Why, what has been suggested and propose to give my views upon this sub- as a possible prelude here: ject. "- unless they are prepared for chains But I have been influenced to address this and anarchy." house by other considerations. I have wit- Now, this is a subject far beyond the limits nessed with much regret the temper that contemplated by Mr. Webster, although we seems to prevail here in regard to debate in may not occupy the ground he does, of entire general. In a life now somewhat beyond the freedom of speech..It is a subject which inordinary period, I have been a member of volves from necessity the dissolution of the various legislative and other bodies where Union. But is this the first time this quesdiscussions have been had. But I have never, tion was ever discussed? Have not gentlethat I recollect, heard in any one of them men told us over and over again-is it not a such a general tone of apparent submission notorious fact —that this is a question that to the discretion, to the decreed will, of those has divided the sentiments and opinions of who were auditors. I never saw such thebrightest intellects, and the purest paa general exhibition of an assumed willing- triots of this country? It was discussed, we ness on the part of those who listen to forego all know, years and years ago, when no husome claim they had to restrain those who man being dreamed of its resulting as it now addressed them. II. have all my life been has, in such a conflict between different portaught to hear gentlemen, when assembled to tions of this once happy nation as we now debate and decide upon particular questions, witness. And was it ever heard before-can as having equal privilege to give all the views gentlemen find in all the discussions with which they may entertain upon that subject; which we have been favored, history after not to do so at the pleasure, at the discretion, history, book after book, speech afterspeechand as the favor, of any particular portion of can any one point to a solitary allusion to the body. We have heard over and over the doctrine now broached here, that it is again, that we are permitted here to express a subject not within the purview of this right our views. That itself is proof that all the of free speech? No, sir, nobody ever dreamed one side of the argument is right, and all the of it; nobody ever took offence at it; nobody other side is wrong. ever thought it a doctrine too dangerous to Now, sir, this is a sort of favor which I do be discussed by freemen. Here, and for the not hold it is in the power of the majority to first time, we are told that to advocate what withhold from the minority. If' there be any we do is treason. priority of claim or right to be heard, it is Now, sir, I do not go to the extent of those on the part of those who are the minority. gentlemen with whom I have generally acted. If they cannot resist the action of the ma- But I am like Mr. Webster in that particular jority, they should at least express their rea- at least: and a very humble imitation. I go sons for dissent. And there has not only for the freedom of speech; and whether it be been this apparent assumption of great merit on the one side or the other; whether it be for indulgence on the part of the majority, to advocate my doctrine or to dispute it; I but the most offensive terms have been ap. will stand by that right of speech at the peril plied to those who differ with the majority. of the pistol, or the sword, or the dagger. Gentlemen have not been told in totiden ver- And I will hold up my voice against that bis-" You are traitors; you are rebels; you brow-beating system which would put down ought to have General Wallace and his troops gentlemen who may advocate this doctrine brought here." But they have had applied as strongly as ever it was advocated, or even to them terms not less offensive. more so. Why, sir, what is the license which every But before I proceed with the argument in Amefican citizen, which every Maryland citi- this case, there are some little matters enzen claims? The license of debate, in such tirely unconnected with it, which deserve at terms as he may think proper, whatever may my hands some notice. And I prefer precedbe the question brought before the body. ing those by an effort to extricate the memory What has Mr. Webster said upon this sub- of a man who was my personal friend; who ject? was. a patriot; who was beloved by a large " Free speech is a homestead right, a fire- portion of the American people; who has deside privilege. It has ever been enjoyed in scended to his grave with a halo about his every house, cottage and cabin in the nation. memory which any citizen of the country It is not to be drawn in controversy. It is as may well envy. I would desire to say a undoubted as the right of breathing the air, word or two in explanation of what if not 511 noticed-and it has not been noticed, I regret tertained him there for a few hours, until Mr. to say-might bv put upon the pages of our Carroll called for him and took him to his debates and find its way to posterity to the point of destination. And Mr. Clay, who injury of that eminent, and as I say, that never came into a portion of the country he pure man. had not visited before without beine received The gentleman from Howard (Mr. Sands) biy crowds —lMr. Clay, in the course ot this in a very solemn manner, has not only stated visit of a few hours, unbosomed himself to a fact which I think very much impeached this young gentleman in relation to one of the character of Mr. Clay, inasmuch as he is the most important political events of the presented as on object not of estimation by country, involting not only a serious attack those Nwho knew him, but as a man capable upon his own reputation, but making utterly of being directly bribed, and that by a pecu- infamous the nolitical character of mnen who niary consideration, and therefore in an atti- had before stood hi:hb in the estimation of the tude of the utmost meanness of character. people; he disclosed to this young gentleAfter stating facts which cannot but convey man this whole scene of iniquity in a converthis impression, the gentleman from Howard sation occurring in these few hours at his has adverted to a written manuscript, in house-particulars which were not known to which those who chose to makle the inquiry the most intimate bosom-friend of Mr. Clay. would find proof that the circumstances stlted Fe had friends by the thousands, as warm were all consistent with the facts of the case. and as ardent as those of any man who ever I deemed it my duty to make this inquiry. lived; even Andrew Jacklson not excepted. As I have remarked, Mr. Clay was my per- Anid yet not one word has ever been heard sonal friend. I have been associated with him fiom ainy one of those thousands of friends in political life. I have known him under cir- with whomLa Mr. Clay spent days and nights curmstances I think quite as much calculated in the most intimate relations, upon the most to try his integrity as those depicted in the important and interesting questions in our narrative of the gentleman from Howard. political history, in periods of the most inBut I have never yet seen that black spot in tense anxiety as to the fate of his country, his character which would be disclosed by and upon this very question. the estimate formed of him by those who at- I have no more to stay, I only want these tempted to bribe him. facts to go upon the record in juxtaposition The manuscript, which doubtless every with the gentleman's statement. I am willing gentleman like myself supposed to be some t!.at every human belng who shall read these record entitled from its source to the highest two statements shall judge whether Mr. Clay consideration, and was a well-prepared ac- is to be arraigned in the estimation of poscount of' the transaction by some person in- terity by any transactions urich as these. timate with the whole history of the case at Mr. SANDS. Will the gentleman from Kent the time it occurred-the manuscript is the (Mr. Chambers) allow me a moment? composition of the gentleman from Howard Mr. CHsaMBERS. Certainly. himself. It is a paper on which he has tran- Mr. SANDS. As a matter of personal exscribed what he recollects of a conversation, planation, I want to set this' hole matter on just as he has detailed recollections of the fact the record as it is. The other day I stated to the house, and how the manuscript can facts which had come to my knowledge as challenge higher claim to credit at the hands coming fiom Mr. Clay, in a certain way, and of those who read it, or hear of it, than the. which facts I said were contained in a manustatement delivered before the house, accord- script then in my desk. After the adjourning to the very letter of that manuscript, I ment of the House, while at a hotel in this cannot understand. The gentleman makes city, the gentleman from Kent (Mr. Chamhis statement on the floor of this house, ex- bers) said he would like to see that piaper. I actly in conformity to his written statement. came to this Hall, got the paper, carried it And then, by way of leaving no doubt about to the aentleman's room and submitted it to his accuracy of recoll etion, he says with the gentlemnan's pernsal, telling how that solemn emphasis he has a manuscript to sup- statement came to be made, and when that port his statemrent. manuscript was written by myself. I told Now, this manuscript, the work of the gen- him the manuscript had been written at the tleman's own hand, professes to be, as the time that Senator Hicks took his seat in the gentleman stated upon this floor, a history of tUnited States Senate, under the appointment a conversation hetd with Mir. Clay by a young of Governor Bradford. I told the gentlernan gentleman, at whose house Mr, Clay, while that the Senator asked me to reduce the statemaking a visit to Mr. Carroll of Carrollton, ment to writing and forward it to him at was taken and entertained for a few hours. Washington. And I suppose the color of The young gentle-nan, ambitious for the the paper and everything about it showed honor of entertaining Mr. Clay-and a very that it had been written at that time-I made laudable ambition-while Mr. Clay was enz the statement simply as one made to me by a route from Washington to the house of Itr. gentleman of the very highest credit and veCarroli, took Mr. Clay to his house, and en- racity-not a young gentleman as the gen 512 tleman from Kent (Mr. Chambers) says, but either of these parties that now prevail; either a gentleman much over half the age of the the abolition party, the league party, the antigentleman from Kent-a gentleman of wealth, league party, the union party, the republican family and position; in every respect a gen- party, the democratic party, or any party by tleman. That is the way in which this state- whatever name it may be called. Since the ment came to be made. And I am sure the whig party had an extinguisher put upon it, gentleman from Kent will bear me witness I have retired from politics; and except upon that this is the statement I very freely sub- some general questions in which I have been mitted to his inspection. called upon to take some interest, I have I am perfectly willing that the whole mat- never been at a polit'cal meeting and have ter shall go upon the record, only saying never voted an entire party ticket. As far as this, that instead of that statement inflicting voting was concerned, I have ever held it to one touch upon the fair name and fame of be the duty of' every citizen to vote. There Henry Clay, it shows him to be, in the very is always a choice; there is a great choice now language of that written statement, above even between Fremont and Lincoln-a very any imputation, no matter from what source decided choice; bad and very bad. I have it may come. I only make these remarks always deemed it my duty to vote, and have as a matter of personal explanation. taken the tickets of all the parties, and I have Mr. CHAMBERS. I am not aware that the made out from them what I considered the statement the gentleman has just made has best that could be made and voted that ticket. impeached one syllable of my statement. As I am like a great many other gentlemenregards the age of the young man, I do not tempora mutantur-there is no mistake about think be could have been at that time thirty- that. How far the balance of the quotation eight years old, as the gentleman supposes. can be applied to me, is to be judged. I have How old is he now? not abandoned any political principle I have Mr. SANDS. I suppose largely over forty. heretofore entertained. I put in a ticket for Mr. CHAMBERS. And this occurred some the last whig candidates —Mr. Everett being eighteen years ago, I believe. one of them. And I go f'or the Constitution Mr. SANDS. Mr. Clay was not on a viit and the laws; and I go for their enforceto Mr. Carroll, but on a visit to Mr. Robert ment; I go the-whole figure. Hare, and staid at his house for a day or I have been charged with inconsistency. I two and a night. shall come to that bye and bye. But I tell Mr. CHAMBERS. I understand it very dif- the gentleman (Mr. Thomas) beforehand, that ferently. I understood from inquiry that he he may be hunting up his artillery; I shall was there only a few hours. Is there any defy him to show any inconsistency on my gentleman presejnt who is acquainted with part. I may formerly have used words that sthat fact? had then a different interpretation from Mr. LANSDALE. I remember distinctly the whattheyhavenow. Ihave only understood visit of Mr. Clay to Mr. Hare. It was while within a very short time what the word Mr. Clay was on his way to another place " government" means now. It means now, that he visited Mr. Hare in order to avoid thePresident of theUnited States. Now that the crowd. term has changed; I have not changed. It Mr. SANDS. That accounts for the absence does not follow that I claim to owe allegiance of a crowd that the gentleman from Kent re- to Abraham Lincoln now, because I claimed ferred to. to owe allegiance to the Government of the Mr. LANSDALE. Mr. Clay was taken to the United States heretofore; meaning by the use house of iMr. Hare, where he remained some of that term, that system of control which two or three hours. He may have made him the Constitution and the laws provide for a visit at some other time. the country; that system which the people Mr. SANDS. I would ask the gentleman if choose to ordain for them elves-all the parts Mr. Hare would make a statement thaet was and branches of tha:t system. It just occurs incorrect? to me to inquire, if inconsistency be such a Mr. LANSDALE. I do not think he would. crime, who is to throw the first stone? It I only state my recollection of Mr. Clay's was in my day the universal opinion that visit. Wendell Phillips, William Lloyd Garrison, Mr. CHAMBERS. Well, let it remain there. et id omne genus, all cattle of th:Nt description Now, it seems that I have been myself ar- deserved hardly anything short of the juil or raigned.; but I ought not to complain of the penitentiary. That they were objects of being in company with him whose case I deserved execration. Still the people of that have just disposed of. It seems that some day did not think about stopping their gentleman here has thought proper to refer mouths, or consider it a great ftvor to let to my course, and has presented me before them express their sentiments. But the rethis body as having forfeited the claim which suit of that expression of sentiment was uniI made at the beginning of this Convention, versal condemnation. Why, sir, anl abolito be considered exempt from all party bonds. tionist was considered in this country very Now, I repeat, I have not been a member of little better than one from the lower regions. 513 One from that region with the cloven foot sir, I do not think the P-esident thinks so and marked by every indication of the home now. to which he belonged, would hardly meet a Now, Isayinregard to my consistency that more unwelcome reception than would be I do not mean to speak of it now. I have afforded to a Boston abolitionist. How is it the pages of the debates of the Convention now? Has there been any change in others? of 1850, to which reference was made here, In 1850, who denied the propriety of slavery by the kindness of a friend whose familiarity in this State? We all denounced any inter- with note-taking enables him, I suppose, to ference with it; there was no dissentient note them correctly. But I do not mean that voice. Now, who has changed? Not incon- those pages alone shall be considered those sistent I I rather think that a number of in which Iexpressed my sentiments. I invite gentlemen have changed. I should be most the gentleman to examine every page of the happy, when we come to the 23d article, debates of 1850, and find if he can, where I to find consistency in the views of gentle- have erred. When I shall have explained men. my creed-which I regret to say will not be Why, sir, we have all of us changed meas- found in accordance with that of othersurably. Mr. Lincoln told us a few months the gentleman, perhaps, will be willing to ago that his emancipation proclamation was own that the mistake was on his own part; unconstitutional; now it is constitutional. and which I understand elicited a great deal Not that the proclamation has changed, but of merriment and entertainment in this House; the Constitution has changed! Is that so? it was accompanied with one of those exhibiMr. Seward undertook to state, in a despatch tions of gratification which the stamping of to Mr. Adams, only a year or two ago, that the feet and the clapping of the hands usually the Government of the United States recog- indicate in other places. I do not mean to nized the doctrine of secession; he stated so say that such a manifestation was inconemphatically. I do not think Mr. Seward is sistent with the proceedings here. It was of that impression now. I think that Mr. in keeping, for some of the speeches do not Lincoln on one occasion used some expres- profess to be anything else than laughing sion of that sort. The President is a man matter. whose sentiments are familiar to us all; he is Now, while mentioning instances of incona man of such importance, that his opinions, sistency, I would invite the attention of my whether in jest or in earnest, are eagerly friends who think it is a serious crime, to sought for and treasured up. What did Mr. one prominent fact in the history of the naLincoln say? tion within a short period. A certain Mr. "Any people anywhere, being inclined and Crittenden, a gentleman whose habitation having the power, have the right to rise up was in Kentucky-I mention these things beand sha.ke off the existing government and cause they may have been forgotten; times form a new one.hat suits them better. This have so changed, and our memories have is a most valuable, a most sacred right-a been so taken up with other events, that perright which we hope and believe is to liber- haps these things would not be recollectedate the world. Nor is this right confined to this Mr. Crittenden thought proper to procases in which the whole people of an exist- pose, in the halls of the great legislature of ing government may choose to exercise it. the nation, a system or theory for the acceptAny portion of such people that can, may ance of the government upon which this revolutionize and make their own of so much terrible war was to be waged. He declared of the territory as they inhabit-more than it to be the object of the government to conthis, a majority of any portion of such people duct the war solely for the purpose of enmay revolutionize, putting down a minority, forcing the observation of the constitutional intermingled with or near about them, who obligations, the legal obligations of the citimay oppose their movements; such minority zens of the seceded States, without the was precisely the case of the tories of our own slightest intention to interfere with any of revolution. It is a quality of revolution not their peculiar institutions. to go by old lines or old laws; but to break Now it shall be my business, in the future up both and make new ones. As to the part of this debate, ift I am permitted, toshow dountry now in question, we bought it of that there are certain obligations of the citiFrance in 1803, and sold it to Spain in 1819, zen to the State with which the Constitution according to the President's statements. After and laws of the United States cannot inthis, all Mexico, including Texas, revolution- terf'ere. It was to secure those rights, to ized against Spain; and still later, Texas protect and to preserve them that the resolurevolutionized against Mexico. In my view, tion of Mr. Crittenden was offered. And it just so fur as she carried her revolution by was passed almost unanimously.. obtaining the actual, willing or unwilling The other day a highly respected gentlesubmission of the people, so far the country man from Pennsylvania, seeing that the ship was hers, and no farther." had moved offa little from its moorings, and "Any people anywhere have the right to was steering on rather a different tack change their government if thev can." Well, thought proper to call the attention of this 514 same legislative body to a repetition of that represent us in posterity;-I ask gentlemen platform upon which the war was to be here if they can, with their hands on their waged and upon which peace was to be con- hearts, say that they believe themselves in a eluded. Sir, it occurred unfortunately that condition to examine this subject now as they almost every man of the majority in the would examine it if not excited and inflamed HIouse proved to be inconsistent with himself by the troubles around us? I ask them to and voted against it. It hardly had a friend listen to truths which they must know; and amongst those who had before adopted it; which under different circumstances woild and who after adopting it were backed up have the effect of' convincing them. by the President, the Secretary of State, and Sir, we have lived under a government esall the other members of his cabinet; and by tablished by men than whom the history of the whole country, except only what then the world from its foundation to this hour was and still is a minority; a large majority does not furnish others more distinguished for of the people, all except the school of Garri- good sense, and pure unadulterated patriotson and Wendell Phillips. ism. Those men who fought and bled for Now, sir, inconsistency, like some other our independence, and who subsequently things, has changed. It does not seem any formed the political institutions under which longer a disreputable political act. Not at we live. I say those men may defy c)mparall; it is quite creditable now. But I am too ison for these characteristics with any set of old to begin life over again-to have things men who ever breathed on the face of God's taught me that I could not learn before. I earth. shall never be able to understand this new And yet what do we hear? They are dedictionary, so far as to conform to the late nounced as fools; they did not understand improvements in its definitions of words, their business. The gentleman fiom Cecil, whose meanings I have once learned. So (Mr. Pugh,) told us in almost so many words, far for extraneous matters. that the men who made the Constitution of Now, Mr. President, I will say something 1776, were fools, and those whe made the about the question before us. For, like a Constitution of 1850 were knaves., great many of the speeches here, what I have Mir. PUGH. Does the gentleman refer to said does not prove that we ought to put this me? article in the bill of rights, or that we ought Mr. CHAMBERS. C" Thou art the man." to reject it. Mr. PUGH. I wish to say that I never used I think there are good reasons why we Suech words, and when the gentleman from ought not to adopt it. In the first place, Kent, (Mr. Chambers,) reads what few rewithout regard to any merit or demerit of the marks I did make, he will observe the differproposition itself, I do not think this is a time ence. at which to adopt it. There is no man here Mr. CHAMBERS. Are they here? so young-and we have some very young Mr. PUGH. They are on record, but they members-but he must have obse ved, must are not yet published. What I said was that have known from the impulses of his own there was some apology for those who at mind and his own feelings, that, when in a that day favored the State rights doctrine. state of high excitement, a man's judgment is Mr. CHAMBERS. It was not to that speech not so accurate, not so effectual, not to be re- that I referred. I allude to a speech upon an lied upon to such an extent, as when he is cool, altogether different question; on the poll-tax calm and collected. Thatis an axiom in mor- question. The gentleman said that the decals, in the history of human life, about which laration that "' the levying of taxes by the I suppose there will be no question. Are we poll was grievous and oppressive," was not now in that condition? Are the people of this true; or rather, to use his own phrase, he State, are those who sent us here, are those "denied the fact." "It was, to be sure, in who are here, *divested of that feeling, that the old Constitution and the new one." But passion, that excitement, which will deny to if I am not greatly mistaken, he said the old them the full, fair exercise of their judgment? Constitution was made by persons who knew I know perfectly well-from a long ac- nothing about it; and the last one was made quaintance with the world, and I think some by persons whose conduct was governed altoknowledge of human nature, for we are all gether by partizan motives. very much alike; men are very much the Mr. PUGH. I shall always be willing to be same, under the same circumstances. I have judged by my remarks; they are placed on known too long and too well the inefficacy the record. But I disclaim here now, as 1 of addresses to the judgments of men while disclaimed at that time, and as T shall always excited by passion. I ask my friends disclaim, making any remarks that can possihere, retired as they are within the walls of bly be so interpreted. All that I meant to say this house, acting as we are or should be, as then was what I say now, that it is a misthe representatives, not of a people excited, take to state in the terms of the Constitution inflamed, but acting for all time, acting for or otherwise, that a poll-tax is grievous and moments of peace and calm and composure; oppressive, when I know from my own expeacting for the interests of those who are to rience, having myself paid a poll-tax, and 515 having known others who paid it-it was a all time? This is an extreme proposition; mistake to say that it was grievous and op- but sometimes extreme propositions are the pressive. I denied the statement as a state- best test of truth. We are in the midst of a ment cf fact, because I had lived under the camp. Every day the roar of the cannon operations of such a tax. And I do now deny sounds in our ears; every day the news is the statement as a statement of fact, whoever brought to us of the death of' some beloved makes it. It was the law in Virginia, where son, some beloved husband, some being upon resi'ded and acted some of the wisest states- whom the wife and the infant child depend men of this country, to which the gentleman for maintenance and support. We are virhimself has already incidentally alluded. tually in the tent; we are virtually in a war Mr. CHAMBERS. I am very happy to hear which gives character to our thoughts and that the gentleman exempts himself-for I our actions; and which will set our thoughts believe " exemption" is the fashionable phrase and our actions in a direction very different now-exempts himself from conscription to from that which they ought to talke while we the new doctrine. are framing a Constitution for the governMr. PurH. I do not exempt myself from ment of future generations. And are not my words, for I repeat them. But I exempt gentlemen sensible of this fact? Is there a myself from the interpretation put upon them. man within the sound of my voice that does Mr. CrHAMBERS. He does not choose to be not feel, that will not affirmatively respond classed among those who think that our fore- to this demand made to his conscience?fathers were fools, and that the men of the who will not confirm the truth of the statelast Convention were knaves. He exempts ment that he is not in the cool, calm, delibhimself from any such imputation as that. erate temper fitted for the performance of Mr. PUGH. Undoubtedly I do. such a duty as this? Mr. CHAMBERS. I have been taught to be- Now, do not let me be misunderstood. I lieve in the verity of the old maxim-actions do not mean that we shall quit the duty we speak louder than words. Now, where is are sent here to perform. But I do mean the veneration for the patriarchs who have this: I do say that gentlemen, if they are gone down to the grave full of' honor, and sensible of this state of mind, will fbrbear whose names will be borne to posterity with to take this action; they will forbear to reverence? At least I trust so; God forbid interpolate in this constitution principles and that this irreverent generation should propa- doctrines which never before havebeen thought gate that particular characteristic of itself. proper to be entertained here, and which no Where is the reverence for such men? What State in this Union has thought it proper. to are we doing? Treading their work under adopt in their Constitution. our feet; denouncing it as incompetent; Now. if there is any reverence for the work adopting notions which they never enter- of our ancestors; if there is any charity for tained. Never entertained? Which they the opinions of our neighbors and our friends; repudiated; which they denounced; which if there is any sense of incompetency upon they abjured; which they considered hereti- our part to go beyond all others who have cal. And we glory in it. We have all know- lived in times of calmness and quiet; if there ledge with us; we are the first to pioneer a is any sense of this sort resting with us, I apnew road, an untrodden path. We go to, peal to it as a sufficient reason why gentlemen glory by steps which our forefathers knew should forbear taking such steps as were nothing of, or rather which they thought not never before thought proper to be taken, and fit to tread. Now, the gentleman exempts glorying as some gentlemen have done to be himself from that. But that does not at all the first to go beyond all the bounds that have change the character of my argument. ever been regarded here as including the acMr. President, is there a family, I may al- tion of other and calmer minds. I say, theremost say, is there an individual, who has not fore, this is not the proper time for this article. had motives for personal excitement, for agi- I say that it is not a proper subject for this tation of feeling, for a course of thought ut- bill of rights. A bill of rights is the enuterly inconsistent with the calmness required meration of certain principles, which, accordin the preparation of a paper, which, as Judge ing to the judgment of those who frame it, Marshall says, looks to be immortal, to teach should be constantly kept in view for the prolessons of political wisdom to those who are tection of the persons, the property, and the to come after us; telling them what men, not reputations of those for whom it is made. in a time of war, of strife, of bloodshed, of What is the object of the Government? It is carnage and death-but what men, in the to secure us in the exercise of our personal pursuit of their rights of property and person rights, to secure us in the possession of our and reputation, would ask for them? Would acknowledged property; to secure us reparaany man go to the camp to prepare a Consti- tion for injury done to our reputation. Does tution? Would any man go to the general's this answer any one of those purposes? How tent, and amid the noise and bustle of con- is it to do it? You cannot confer power upon flicting armies, undertake to prepare a Con- the General Government; this does not do stitution for the government of a people for that. If you were to enact in the name of 516 the State of Maryland, if you were to say ex- Mr. ABBOTT. I do not desire to abridge pressly that the Government of the United the time of the gentleman by any means, but States-I mean thereby the old-fashioned ma- as the hour of one o'clock is near, and as no chine Government, constituted of all the ele- other speeches are to be made after that hour ments that make the system created by the except by the chairman of the committee, I Constitution-if you were to say in so many solicit from the House the privilege of ten words that the Government of the United or fifteen minutes to make some reply to States should have jurisdiction over any sub- the gentleman from Prince George's,'(Mr. ject denied to them by the Constitution of Berry.) the United States, you would not enlarge its Mr. DANIEL modified his motion, so as to powers. Nor can you abridge them. As I give Mr. Chambers the privilege of speaking propose presently to show the powers pos- until one o'clock. sessed by the General Government are su- The motion was agreed to. preme to the utmost extent of that word. Mr. CHAsIBERS proceeded. I mean, when I You cannot abridge them; you cannot en- speak of opinions for which I have great relarge them. Then where is the necessity of spect, opinions expressed before these troubles undertaking to describe themr? That de- had brought other men and greater minds scription adds nothing to them. Your de- than some of us into a predicament which scription will not be regarded as the rule of warped their judgment. I mean the opinions construction. I say, therefore, it is an idle which Mr. Webster entertained when I had business; it is a business with which we have the pleasure of sitting beside him and hearnothing to do; it is a business with which we ing his addresses to which reference has been should not meddle. The Constitution of the made. United States and the laws passed pursuant In the first place, I broadly assert that thereto, will regulate the action of all the de- there was no such institution, there was no partments of the Government of the United such government, there was no such nation States, in its executive, its legislative, its ju- as the United States prior to the year 1778. dicial character. We cannot control them. That may astonish my friends; but I assert I say, therefore, it is an idle effort for us to it as a fact. Originally, as has been properly interfere with it. said by the gentlemen from Baltimore, the There has been very large reference made colonies had for their sovereign, King George to the elementary principles of this organic III. It was to him they owed allegiance. law. We have heard-and I must be per- This word " allegiance " is one of the royal mitted to say, I think without any necessity, words, which has not been much used in this for I really do not think it was calculated at country heretofore. It denotes the fealty all to enlighten us upon the subject of intro- which the subject owes to the prince. But it ducing or rejecting this article-a great deal is now used to denote obedience to any power of debate, very interesting, very intelligent, which has a right to command. Let us resometimes very harsh to be sure in languagee, member that the colonies conducted the war upon the subject of the organization of this against Great Britain for two years before government, of the rights of the States and they undertook to call themselves indepenof the United States. I propose upon that dent States. They were colonies While they subject to give my views, and' a few of the were prosecuting the war. At first not one reasons which lead me to the conclusions I man in a thousand dreamed of being anyshall advance. In doing so I shall probably thing else than a subject of King George. differ from most of the gentlemen who have They claimed redress in that character. They addressed us upon that subject; because I expected it, desired it, and were fighting to cannot concur to the whole extent, either obtain it. in that character. They were cerwith one side or the other. tainly not a sovereign nation at that time. I never have believed in the doctrine of se- In 176., the doctrine of independence obcession. I do not now. I never have be- tained. The independence of what? The lieved in the doctrine of a centralized gov- independence of these colonies. Not of the ernment on the part of the United States. I Federal Government; but of these colonies. once heard a memnher of Congress say, in They declared themselves independent. Did reference to the tariff question then under de- they organize a government? Had they a bate, " he believed with Duff Green," then head, branches, or anything that constituted editor of a newspaper at Washington. Now a government? No; they had not. Each I will say, not because I cannot describe State sent delegates to a Congress, just as my opinions, but because I have not time to King George, King William, and the Emdo so, that I entertain on this subject the peror Napoleon, may send delegates for conopinions expressed by Daniel Webster. That ference to London. They had certain powers I suppose will mark me as a heretic with some delegated to them by their respective confolks. stituencies, each being perfectly independent (The hour having expired, the hammer fell.) of the others, as England is independent Mr. DANIEcr moved that the gentleman be of France. These people managed the conallowed to proceed. cerns of these then United States, or 517 States united-precisely the same thing. ereign States. Finding that it did not acIn this condition they remained, there was complish the purpose, it was proposed that a not a particle of change! until the change that new Constitution sholid be formed, granting was accomplished by the confederacy. Be- further power. By whom? By the States. fore that they were not united together-as a To whom? Nobody ever heard that there government; for they had no President, no was a proposition made to the people of the Congress, no Court, nor anything else, but United States as a mass. Certainly not. this assemblage of delegates of the separate The proposition was made to the States. States which they called a Congress, to trans- How wals it acted upon? It was acted upon act their business. I read from the Ar- by the States. The people met in the States. ticles of Confederation: My friend from Baltimore, to whom I have "In Congress, July 8, 1778. Articles of just made a reference, I think most misConfederation and Perpetual Union between takenly applied Judge Marshall's remn:rk. the States of New Hampshire, Massachusetts Does he suppose Judge Marshall to have Bay, Rhode Island and Providence Planta- meant that the people of the United States tions, Connecticut, New York, New Jersey, could not have met at some capital? They Pennsylvania, Delaware, Maryland, Virginia, have been meeting ever since the ConstituNorth Carolina, South Carolina, and Georgia: tion was formed. Does Judge Marshalll mean " Art. 1. The style of this confederacy shall to say that the people of the United States by be'The United States of America.'" their delegates could not meet in WashingThat is the first time there was ever a pre- ton, Philadelphia, or Annapolis? Not at tence of a government formed for these States. all. Chief Justice Marshall's meaning is very There never was a nation before. There obvious. "Where else could they meet?" never was a people before that whohad such The proposition was made to the States, every an appellation Here, they have baptized State acting as the equal of every other State. these thirteen equal and idepetdent Strates Rhode Island was just as emphatically an by that name. Gentlemen have said that the equal State as New York was. If Rhode sovereignty was first in King George, and Island choose not to say-aye, and if there then in Congress. In Congress prior to the were only eight others, the Constitution formation of the confederacy? Sovwreignty would not have gone into effect. in that? It was a Congress to carry on the Suppose that one or two of the States had war, and for'nothing else upon the face of the refused to enter into the new arrangement; earth. A sovereign with no power of re- and it will be recollected that two of them dress? No, no. It had no powers of gov- did not for some time; where was, then, ernment, except the right to instructGeneral the supreme sovereignty of these States?: Washington, and to receive, as they did, the Suppose that instead of the whole thirteen resignation of his sword. adopting the new Constitution, there had " Art. 2. Each State retains its sovereignty, been but nineor ten. They would have been freedom and independence, and every power, the United States, and others would have jurisdiction and right, which is not by his been left out. What condition would these confederation expressly delegated to th.e Uni- remaining States have been in? Where was ted States in Conezress assembled" lhe sovereignty over them? Is it not evident'' Each State retains " —to retain is to keep that the people had it? The Coastitution what you have already; it is not to receive was submitted to the people in thel several something you never had before. Then the States, and the people of the States acted articles of confederation go on and create a upon it. The people of the States confirmfed sort of government to be conducted by this it. It then bec:tme binding; and by one of Congress;-I suppose the Congtress the gen- its provisions expressly says thatt it shdll not tleman alluded to ats having the sovereignty only be binding, but wherever binding it after the Declaration of Indeptendence. Every- shall be supreme over any law of any State body admits that this is a compact made be- which contains anything in contratdiction to tween the States, because here is the state- its authorized enactments. The people have ment on the face of it. What sort of a soy- adopted it-the people of the several States, ereignty is that? A government with no as mletmbers of States perfect'y sovereign, expower to enforce it; a " rope of sand," as cept in so far as it is stated in the instrument it has been properly termed. that they surrender a portion of their sovThen came the treaty of peace, acknowl- ereig4nty. edging, the independence, not of an indepen- No man ever heard at that time that those dent nation, or sovereign nation, but of a States were not sovereign. Look at the disnation, if you choose so to call it, creitted by cussions pending the adoption of the Cdnstithe powers named in the cottfederacy; and tution of the United States. You will not the treaty expressly declares the independence find any such language as has been used here. of the several States, the colonies before, You will not find the language that the thereafter separate States. county represents in reference to the State, In 1178 they formed this Union. It was what the State represents in reference to the avowedly a Union of sovereign States, as sov- United States. No, sir; exactly the reverse. 518 You will find every item of sovereignty in pursuance thereof, but to the Governclaimed for the State, except what can be ment;shown by the record to have been surren- Mr. PUGH. The Constitution of the United dered. States and the laws made in pursuance Two governments were formed. That idea thereof. was scouted at. Some gentlemen could not Mr. CHAMBERS. I am willing to do that. understand it. We have not all of us, during I am willing to acknowledge allegiance to the all our lives, been examining such questions. Constitution of the United States. I stand Some have been following one pursuit, and recorded upon that in 1850. I have lived by some another; and it is not remarkable that it, and God willing I will die by it. I can. the idea should be to some gentlemen unin- not say the "'Government" now, though I telligible. As Mir. Webster said, we have a might have said it in 1850; for in 1850 abopolitical theory of our own, and institutions litionism means the worst crime a citizen of of our own. There is nothing in Europo Maryland could perpetrate against the State. analogous to it. This shall not rest upon Now, gentlemen boast that it will be enacted my ipse diz,t. I will read Mr. Webster's lan- by the majority of the representatives of the guage: people,-immediate, direct, uncompensated "The people, sir, in every State, live under emancipation and abolitionism. Inasmuch as two governments. They owe obedience to these changes have taken place, I cannot now both. These governments, though distinct, declare my allegiance to the Government. I are not adverse. Each has its separate sphere, hear it all around me, that the President is and its peculiar powers and duties. It is not the Government-no, I am wrong; the Gova contest between two sovereigns for the same ernment is now the President's bayonets. I power, like the wars of the rival houses in cannot swear allegiance to the Government as England; nor is it a dispute between a gov- the term is now understood. ernmeunt de facto and a government dejure. For these reasons I differ from those genIt is a case ot a division of powers between tlemen, if there be any, who think that the two governments made by the people, to right of secession is involved here. I go for which both are responsible." the right acknowledged by every man, and The people in the several States made a gov- avowed from the time the declaration of ernmen l for the regulation of the whole Union, rights was written by Mr. Jefferson in 1776 to conduct their loreign intercourse. So far down to the present hour, without an excep.they surrendered their sovereignty. They tion, (and I do not know the man that denies retained everything else. Who protectsyou, it,) the right of revolution, whenever the gentlemen have asked, when you go abroad? people are so oppressed that they can no longer The government of the United Siates. But submit; the right of revolution, no matter what proportion of your citizens go abroad? what the consequences are, fight or no fight, Not one in 5,000. Now, I ask, if any one death or no death. The people have, must seizes my property —my negro, I was about to have this right to this revolutionary movesay, butany other property except my negro — ment, if they are so oppressed as rlot to be or assails my reputation, who defends and able to tolerate longer the infiictions imposed protects me? Can a citizen of the United upon them. States now boast of the protection of the But it is said, who is to judge of it? Is Government of the United States? It is like it not self-evident that if the party who imthe negro-it is a post obit concern. poses the restraints is allowed to judge of it I believe that the Constitution is the act of exclusively, there will never be oppression. the people of the different States; and I be- Is it possible to suppose that any administralieve it is binding upon them. I believe in tors of government would ever say there was the doctrine that the people as well as indi- oppression, created by themselves ontheir own viduals can bind themselves. I believe that subjects whom they have sworn to protect? as in a contract between individuals, where Mr. Lincoln says that this proclamation of that contract has been fairly entered into, one his was unconstitutional; but it was issued. party cannot legally release himself' from it. Was that oppression? Not at all. It was So 1 believe here, that the people of the dif- necessary. All these things are necessary. ferent States, as members of the States, and Bonaparte thought it necessary to assume the in their character as citizens of the several imperial crown. KingJohnthoughtit necesStates, having entered into this agreement sary to exercise all the prerogatives he claimed, with each other, and having assented to it, until he was forced by the barons of England as Mr. Webster argues in'this speech, it be- to relinquish them. It is unreasonable to comes obligatory upon them, and no one suppose that there can be such a thing as State, any more than an individual, can toleration of the idea that you are to surrenwithdraw himself from it. Though this der the right of revolution. Did Lord North Convention with one united voice may take doubt the propriety of what he did? Did me to Washington to swear allegiance to his master, George III, doubt the propriety the government of the United States-not of what he did? Were the colonists to wait to the United States and the laws made for thom to decide that it was oppressive? 519 No, sir; they never did; and if they had, the Leave was granted to Mr. Chambers to protime never would have come when oppression ceed-ayes 47, noes not counted. would have been acknowledged to exist by Mr. CHAMBERS proceeded: I have given my those who committed the oppression. opinion ot'the obligation upon the people of the I will give you the programme of my po- United States to observe the mandates of the litical faith, and while I condemn, as I do Constitution. W' hat they are, and who is to most certainly, the action of South Carolina judge of them. I say that the Supreme Court in leaving this Union, not only in virtue of of the United States is the arbiter. But I any claim under the Constitution which I ut- am a little of a Jackson man in that particuterly reject, while I pronounce judgment lar. General Jackson thought that this docagainst that action as a revolutionary right, trine led to a very ridiculous conclusion. He I am bound to affirm what I do think. I said that every man must judge of the Conhave not a doubt about the regularly and stitution for himself, as he certainly took the gradually increasing outrages upon the South liberty to do-no doubt about that-so he did by the North.' I am not quoting books of about everything else. I cannot go so far as history, but giving my own opinion, which some gentlemen do, that when laws are may be worth very little. I believe that the passed, manifestly in violation of the Constispirit which has led to these outrages, origi- tution of the United States, you are bound to nated with such men as WendellPhillips and maintain them until the court decides the Garrison. I believe our property was con- question. But what is meant here? Do you tinually growing less and less secure. I be- mean to make no resistance, or to yield obelieve that increasing majorities in the two dience? If you do not merely mean non-reHouses of Congress would have encouraged, sistance, I dissent from it. The government cultivated, continued to increase those acts orders certain soldiers to seize upon certain which I call oppression. I believe if South persons or property, and the order is unconCarolina had remained, had submitted to the stitutional. Marshal Murray seizes upon a injury-vastly less than many of her neigh- man and incarcerates him; and the man turns bors, our own State among them, were expe- routnd and sues him. That is not obedience riencing-if she had remained and had not to the law. That is not allegiance to the taken a step altogether wrong, altogether to sovereign. Marshal Murray has been sued, be censured, if she had remained until these and a jury of New York punish him and Northern aggressions had assumed an attitude mulct him in the sum of $90,000. There was and magnitude which, in the language of a similar case in Pennsylvania. The indiviMr. Jefferson, made the injuries inflicted upon dual did not choose to submit, but tried the them no longer tolerable, oeery sllve State in question of legality before a jury, in one of the Union would have united in the expres- the western counties of Pennsylvania, and sion of the opinion that'the time had come they gave him a verdict of $60,000. That I when separation was necessary for the peace say is resistance to the government; for I both of the South and the North, that it was take it for granted that those respectable genno longer possible for the slave States and tlemen who wear the insignia of majqr-genfree States to continue together. I- believe, erals would not act without orders from the further, in my soul I believe that when that government. There are many such cases of period arrived, when that Union of all the resistance. slaveholdittg States had thus culminated in a I say that any man if siezed under an act unanimous declaration of their wish, their of Congress, professing to be passed by virtue purpose, no longer to continue in this Union, of some power vested in that Congress by the the answer of' the North would have been- Constitution of the United States, has not let us separate in peace. I believe there would only a right, but that it is his duty as a good have been no considerable objection. Prior citizen, to be perlectly satisfied from the best to the attack upon Sumter, but after the de-'light he can obtain, and to consult the best claration made by South Carolina of its in- counsel-of course I always advise thattention to secede, I was in the North, and I and if he comes to the conclusion that there saw some men who are now as rabid as any is an unconstitutional exercise of power on men can be, with virus enough to inoculate the part of Congress, it is his duty to test any community-I heard these same men that question, and to carry it to the Supreme saying:'"Let them go." I doubt whether Court of the United States. In such a case, there is a gentleman here who can say that I should certainly advise a man to sue, not in he had a notion that there would be any re- the Supreme Court of the United States, but spectable opposition on the part of the North to appeal to the ordinary judicial power of to the sentiment that South Carolina should the State of Maryland, which now proposes, be permitted to go, until after the attack upon I think very unnecessarily, to commend itself Fort Sumter had inflamed the whole North- to the favorable notice of the General Gyvern mind. ernment by voluntarily tendering its allegi('h.e hour of one o'clock having arrived, ance to that Government alias the President.'the hammer fell.) I had something to say in regard to the On motiop of Mr. STIRLING, present condition of the country, but I for 520 bear, as a proper response to the very kind acted without warrant of law. Our Constiindulgence which I have experienced at the tution denounces all su(h action as utterly hands of' the Convention. irreconcilable with the notion of liberty. The terms supreme and sovereign have been What do we see every day around us? much contested. I have drawn up an amend- Citizens who have lived among us, enjoying ment in the form of a substitute, in order to our highest offices and our highe-t respect, give my views in brief upon this subject. If taken by day or by night, hurried off, conit is the intention to acknowledge in a proper fined for months, and then told it was a misplace, at a proper time, and under proper cir- take. No charge is made against them. All cumstances-as I have perhaps not less than this for w hat? Whatt says the Constitua dozen times sworn to resp ct the authority tion? " No man's property shall be taken of the United States, its laws and everything ex. ept for public use, and then not without else done in pursuance of the Constitution- compensation." There is not a man here that I have not the slightest objection to express- does not know that article of the Constituing it in such terms as may not be capable eif tion is violated. " No man shall be tried but misconstruction. Call it obedience, call it by his peers, by indictment, andin the county acknowledgment of sovereignty, call it alle- where the offencewas committed." I should giance or what you please, I acknowledge in insult the inf'ormation of' any gentleman here, the broadest terms my obligation as a citizen were I to suppose him ignorant of case after of the United States and a citizen of Mary- case, where muen have had their persons and land. I acknowledge my obligation to obey their property arrested, and themselves charevery article, every provision in the Consti- ged, tried and punished, without regard to tution of' the United States, and every article these provisions. Take the case of my friend and every provision in every law passed in over the way from Queen Anne, (Mr. Brown.) pursuance of the Constitution, and ex gratia, A party of soldiers, said to be under the comany order or proclamation or anything else, mand of a Methodist preacher, who was both which that Constitution or those constitu- a chaplain and a captain, at least for the time, tional laws authorize the administrators of took possession of his house, stables and corn the government to issue. house, and from day to day sent out a party There is one other consideration why this to levy contributions on whom they would, article should not be inserted. What is its and for what they would, under pretence of object? If we are to judge from the speeches paying for an old dilapidated building not which have been made, it is to strengthen worth at the extent $500, which somebody the arm of the government. Complaint has yet unknown and undiscovered, is said to been made on all hands that we do not cheer have burned. For this offender the grand the government, that we do not cheer the jury of the county had in vain made diligent troops, that we do not oppose and abuse Jef- inquiry, yet these soldiers there quarter themferson Davis, that we do not oppose and abuse selves on this f'amily until the sum of five the rebels. WVe are not here for any such thousand dollars is levied, of which sum they purpose. When gentlemen go out and get chalged at first $600, and afterwards graupon the stump, and talk to their fiiends, to ciously reducing the amount $400 to this induce thern to shape their course in a certain family who had entertained the m —a family way, it is all very well. But that is not our as quiet, as free, as any in the State, from province. I was not sent here to eulogise any act of disloyalty or violation ot lawthe General Government or any of its and every dollar ot'these contributions would branches. I was not sent here to denounce have been exacted but for tt.e active and or to abuse by harsh epithets or mild, the commendable interposition of the Executive enemies of the government. I am here to of the State, who, to his honor be it said, has pass constitutional provisions which are to had the injury arrested before consummation. regulate the actions of posterity, not to de- This is tile Government that wants strengthfend the conduct of' those who are now upon ening. Sir, it is strong enough for me, and the theatre of action. That is not our busi- perhaps for other people. I may have to ness. answer for the liberty I am now using, for But the gentleman says, ifI understand him, aught I know. that this is to strengthen the arm of the Gov- 1 do not think, therefore, that this article ernment. Does the Government want more ought to prevail. I have heard a great deal strength than it has exhibited? Is not this said about these terrible scoundrels, Jefferson Government now strong enough for the taste Davis and his crew. I do not mean to say of any freem:an? Does this Government, anything about that. But those gentlemen meaning the President, want its arm made who have been most elaborate and most stronger by this body or any other? I earnest in their denunciations of slavery, are thought we lived in a day when the Govern- gentlemen who have derived their notions ment had exhiited a potential action that el-ewhere than in Maryland. They are from never mortal man had dreamed of. What Pennsylvania, from Connecticut, or from was it that we cormplained of king George some other State, where in their early lives for? His government was too strong. He they have been imbued with principles 521 which we cannot recognize otherwise than as adoption. I will explain that in a very few an iniusion into Maryland politics not to be words. recommended. Mr. CHAMBERS, (interposing.) If the genI am indebted to the Convention, I may tleman will permit me, I will say what I insay it without affectation, for their patient tended to say, that this article never saw the listening to the remarks which I h.ve offered. light or the CommiLtee room until it was Mr. SANDS. Will our friend tell us who is concocted, acted upon, and adopted by a mathe Conn,.cticut member to whom he referred? jority of the Committee out of session. The Mr. SCOTT. I suppose he means the gen- facts as I understand them were these. For tleman firom Anne Arundel, (Mr. Miller ) some fortnight or so the Committee were not The hour having arrived for closing the called together, some of the members being debate, under the order adopted on the 14th away. When called together, the first ininst., the Chairman of the Committee on the formation was given us by the Chairman Declaration of Rights, proceeded under the that inasmuch as they were the majority, order as follows: and inasmuch as they had the responsibility Mr. SrTIRLING. I shall endeavor in the re- upon them, inasmuch as they knew that we marks which I shall have the honor to submit who were in the minority, the gentleman to the house upon this question, to confine from Prince George's, (Mr. Belt,) and myself, myself as closely as I can to the immediate would oppose this article, they had thought subject which is under the consideration of themselves privileged to.:act together and the Convention. I am indeed somewhat arrange and determine upon these proposisorely teimpted, by the fact thaet some portion tions, which they then submitted to us. That of the argument has been directly aimed at I understand to be the state of the case. the humble position which I occupy in this Mr. STIRLING. Substantially. body, to trespass beyond what I consider the Mr. CHAMBERS. Of course I protest against legitimate bounds of this debate, or the pur- this as being utterly inconsistent with the pose of replying to that portion of the argu orders of the Convention, and usage in the ment. The gentleman from Prince George's, appointment of committees. who opened this discussion, (MIr. Clarke,) Mr. STIRLING. So far as the remarks of did ome the honor to throw upon my head, I the gentleman imply that the majority had will not say the vials of his wrath, but a re- adopted that article in a meeting before the mark of not very appreciatory consideration, Committee had a formal meeting, the gentleto which I did not deem myself entitled; and man is mistaken. But that they did informtherefore, sir, after further reflection I did ally consult together, not all the members of not deem it. necessary here, either to review the majority at any one time, with regard to the proceedings of the Slate Convention of this proposition, and that it was brought beMaryland which elected delegates to the Bal- fore the Committee as embracing the views timore Convention tj nominate can;didates for of the majority, the gentleman is perfectly the Prezidency and Vice-Presidency of the correct. I am perfectly willing to say still United States, nor the peculiar views of the further, that it was introduced in Committee gentleman who represents the Third Congres- not only with the knowledge upon the part sional District of Maryland in the Congress of of the majority of the Committee that it met the United States, upon the agitating toJics the judgment of the majority of the Commitof the day. I shall leave those portions of tee, but with the knowledge upon the part of the gentleman's speech unanswered, to the the majority of the Committee that it met the reason and judgment of those who shall read judgment of the majority of this Convention. it, and shall confine myself, so fir as I can, If there is any other statement necessary to strictly to the legitimate discussion of the be made in regard to that, I am perfectly particular subject that is before this body. willing to mnake it. A good deal has been said with regard to I considered it entirely right and proper, the action of the Committee on this article. that with regard to these matters, upon The gentleman firom Prince George's, (tr. which the majority of this Convention came Clarke, ) withi the courtesy which always dis- here with their views expressed in the cantinuishes him, not only notified but urged vass before the people of the State, and in me to take'the floor, and seemed to con- regard to which they came here positively sider that I was not perlorming my duty, instructed by the constituency which sent in not opening the discussion upon this them, they had a right to place their views subject. That line of remark has been i their own form, and submit them to the carried somewhat further by the honorable gentlemen who constitute the minority of genleaman who has just addressed the this Convention. It was upon the theory, Convention, in the assertion that this ar-' that in regard to the subject matter of both tide wats complete in all its form, when the proposition that is before us and that it saw the light of the Comrunittee room, contained in the 23d article, we had every and they had not the benefit of the views of reason to believe they would not meet the the mellbcrs of. the Committee who formed support of the minority of the Committee, the article, in regard to the propriety of its that I conceived it would answer no good 34 522 purpose to have made the Committee room avoid expression. While gentlemen upon the scene of debate upon a proposition of this this floor have denied that the United States kind, which, whether right or wrong, is of were a nation, the expression " nation," and so fundamental a -character, is so entirely the terin "country," has flown forth from proved or disproved by the whole history of the mouth of every gentleman who has adthe country, that it was perfectly unneces- dreesed this Convention. I am willing to sary to invite discussion upon it in the Com- leave that question to the profound instincts mittee. of the people. I am willing to leave it to the It is evident that in the discussion of this individual consciousness of' the members of proposition, the gentlemen upon each side this body; and I shall do so after a very have in some respects differed fromeach other slight reference to the arguments and auin their arguments; and it has been espe- thorities upon the sub ject. cially the case that gentlemen who have ad- It may somewhat enlighten us as to the dressed the House, belonging to the minority, meaning of the article, if' we look for a mohave with scarcely an exception proposed ment to the meaning of the expression " nadifferent views and interpretations, anid dif- tion." What is a nation? It is a body of ferent explanations with regard to the con- people associated together under some comstitutional question. While there is between mon government, recognized among the other the different sides of this House as broad and common governments of the civilized world. clear and distinct a line of demarcation as Does any man pretend that the State of Marycould possibly be drawn upon thewhole sub- land is a nation? No, sir; I suppose no ject, this variety of views renders somewhat member of this body makes any such pretendifficult the discussion I have to perform, be- sion; and for the reason that it is not an orcause there has been no uniform system of' ganized community known in the condition interpretation adopted by the gentlemen who of independence of any other power, to the have addressed the House. people of the civilized world. The United The second gentleman from Prince George's States is a nation, a nation of States, but still who addressed the Convention, (Mr. Belt,) a nation, because in its united form it stands in his very able, compact and philosophical before the people of the world as one of the argument, took the broad ground that there great faniily of peoples. That fact I suppose was no sovereignty at all in the Government cannot very well be denied. of the United States. He took the ground What is allegiance, and where is allegiance that the States were not only sovereign in a due? It is due in some sense to the governgeneral sense, but that they retained all their ment of every State in this Union. It is due powers of sovereignty as intact as at the time to every organized government of any subat which the Declaration of Independence was ordinate character which exercises certain made, or at any time antecedent to that de- degrees of power. In the proper sense, which claration. Both himself and the first gentle- the gentleman from Kent (Mr. Chambers) man from'Prince George's, (Mr. Clarke,) de- has attached to the term, the sense alone in nied that the people of' the United States, or which it can be interpreted under a demothe States of the United States, or in what- cralic form of government, the allegiance of ever phraseology you choose to frame the ex- the citizen is due, as recognized by the laws pression, were a nation in any proper sense of the whole world, to that power or soverof the term. The gentleman from Anne eignty which represents the existence of that Arundel, (IMr. Miller,) and the gentleman people before the other people of' the world. from Kent, (Mr. Chambers,) have approached It is that sovereignty which claims his allemore nearly to the views that I entertain thani gance by birth. any other members upon that side of th,- Now, I propose to submit the proposition House. They have expressly acknowledged to this Convention that there is no State of that there is sovereignty in the General this Union which has ever claimed, until Government. They have expressly acknow- very recently at least, or if it has ever claimed, ledged that the citizen owes allegiance to the h:ad any pretensions to support the claim, General Government. And they have denied that it had any right to the allegiance of a what I consider the argument of the gentle- citizen as a question of birth. Every govman from Prince George's to assert, that there ernment in the world has claimned that every is any legal power in the State to withdraw person born upon its soil belongs to it; and itself' directly or indirectly from under the so constructively every person born upon obligations of the General Government. the soil of any nation, owed perpetual alleSo far as the argument goes that this Gov- o iance to the government under' which he was ernment is no nation in any sense whatever, born. But under the Constitution of this State I shall give it a very slight consideration. -and the Constitution of the United States, and It so happens that there are sonie ideas which every authority that has ever been founded are so instinctive that even in the minds upon ei her of them, it has been recognized as of those who deny them in terms they find a fact, that the moment a man leaves the State utterance, ideas so impressed upon the whole of this Union in which he was born, his.individual consciousness that they cannot right of citizenship drops from him; the mo 523 ment he crosses the boundary line of the State then, in the proposition before that body that with the permanent intention of leaving, the when a citizen of Maryland temporarily leaves power of the State over him, both in actual the State on business or pleasure, without fact and in moral right, cease absolutely and any intention of remaining, the State of Maryforever. land can punish him for an act committed If a citizen of Massachusetts abandons against its laws even outside of its jurisdicMassachusetts, he ceases to be, by the very tion; but it is only upon the ground that his fact of his removal, a citizen of Massachuset ts. residence has not been determined, that though But if a citizen of the United States leaves the temporarily absent he is still a resident. That United States, if he travels as far round this proposition was not only denied by gentlemen world as it is possible for him to go, if he re- upon the same side of the body with myself, mains away to the utmost duration of human but I understood the gentleman from Calvert life, unless he has been permitted by the expressly to deny that the State of Maryland Government of the United States, either by could exercise any authority outside of its implication or directly, to throw off that territorial limits. duty, he remains as much a citizen of the Mr. BRISCOE. Over criminal offences. United States, wherever he may be and how- MIr. STIRLING. Yes, sir; over criminal ofever long he may be absent, as if he had con- fences. Now, does any man undertake to say tinued to remain during his whole existence that the Government of the United States on the very spot of his birth. could not punish its citizens for crimes comI do not mean to say that the United States mitted outside of its territory-for treason, Government has not to a certain extent for instance, no matter how permanently the waived that right in certain special cases. citizen may have left the country? if he joined The first Chief Justice ot the United States, the English when levying war against the Chief Justice Ellsworth, expressly decided United States? Now, whether this Governthat no citizen of the United States, by be- ment of the United States is one of delegated coming naturalized as a citizen of any foreitgn and limited powers, or not, it is still, state, could divest himself of his obligation under the Constitution, the only nation to the United States. While that doctrine of which any person who resides in any has not been universally admitted, it has been of these United States forms a part, as recogsolely denied upon the ground that while the nized by the world at large, by the consciousright remained in the Government to enforce ness of every individual, and by every authat obedience, by the general policy of the thority which has ever decided upon the quesGovernment it had become an implication, if tion; and hence the duty of obedience, the not an expressly determined fact, that the allegiance which a man owes to this nation, United States'had waived that privilege in must in the ordinary acceptation oi the terms time of peace in regard to its citizens who, be paramount to the allegiance he owes to bona fide, and without leaving any unfulfilled any subordinate authority. obligations behind them, leave their country Gentlemen have said that it is asserted in quietly and peaceably, and become admitted this article that this is a consolidated Govas citizens of some other government. ernment. If gentlemen use the term " conBut that privilege, whether expressed or solidated " in the same sense that Washingimplied, is only expressed or implied in cer- ton used it, if they mean by consolidation, tain cases. There is no such right. It is as uniting together in the bonds of union and true in fact as it is true in law, that if during co-operation, so that they shall continually rea war between this country and any foreign main one in sentiment, feeling, and destiny, government, any citizen should leave this to the end of time, then I believe this is and country and become naturalized as a citizen ought to be a consolidated Government. But of the country with which we are at War, and if by consolidation they mean that the State should be taken, he would be tried and exe- lines are to be abolished, and that the people cuted for treason. of the United States are in any sense to be The States have no such rights. The Con- fused into one common mass, under a Constitution of the United States says that to be stitution by which they can exercise a direct eligible for certain offices, a man shall be for influence in a legal' sense as a mass, I avow a certain term of years a citizen of the United and am responsible for no such doctrine. States, and an inhabitant for so many years Here, sir, I may say very frankly, although in the State from which he comes. There is it is more a matter of personal explanation no man who is a citizen of a State, except so than anything else, that while I avow no such far as it is qualified by actual residence, or doctrine, no such construction of' the Constiunless the citizen is a resident temporarily tution of the United States, I would much absent. I am a citizen of this State for thesb rather consent to fuse the people of the United reasons. I believe in the last Legislature the States into one mass than to split them into honorable gentleman from Calvert, (Mr. Bris- thirty masses. If I were brought to the dire coe,) differed with me upon that subject, al- alternative of making a decision, I would though he is now standing upon the extreme strengthen this Government and sustain reSouthern side. I believe now,as Icontended publican forms, by bringing the people as 524 near together as they could be brought, because, in my judgment, it does not make the rather than divide the territory of this nation slightest difference. The Constitution of the into conflicting jurisdictions, and separate United States was framed by a Convention national authorities. which was called into existenceby a Congress Now, what is the meaning of the deduction under articles of confede ration which gave in the latter part of this article? Gentlemen that Congress no power to call a Convention. who have taken part in this debate, adsmit The people acceded to that recommendation that the Constitution and laws of the United of that Congress, and elected through their States are the supreme law of the land. They State Legislatures that Consti utional Convensay that everybody owes allegiance in a qual- tion.- That Constitutional Convention went ified sense to the Contstitution of the United on to frame a form of government, and created States; I mean qualified by the effect of our one single organism for the purpose over the form of government. If a man owes alle- whole people of the United States. It took giance to the Constitution of the United States away from the States what they undoubtedly as the supreme law of the land, then I say — had, sovereign or not, the exclusive power of though it is but a repetition of the very able acting directly on their own people. It was argument my friend from Baltimore county submitted to the people of the States; and (Mr. Ridgely) made yesterday-that it fol- how was it submitted to them? Each State lows as a necessary conclusion that if alle- had a government which the individual citigiance is due at all to authority, supreme Zen was bound to obey, a government repre-.allegiance must be due to supreme authority. sented by an executive, a legislature, and a But gentlemen say that this is a Govern- judiciary, with a written Constitu ion, which ment of limited powers. What has that to defined and regulated the powers of the govdo with it? Is therea government upon this ernment and the rights of the people; anrl continent, in any part of American territory, under that government, the united colonies, that is not a government of limited powers'? or United States held their conventions and Is there such a thing known, excepting in acted upon and adopted the Constitution. the case of despotisms, as a government of No matter how much or how little sovereignty unlimited powers? I supposethe government the confederacy had, the form of governof' the State of Maryland is a government of ment was adopted by the people of the United limited powers. Yet gentlemen contend that States, in their separate States, or by States, allegiance is due there and sovereignty rests by which powers were gralnted to the General there. The governments of other countries Government and taken from the States, and are limited. The government of Great Brit- by which the whole powers of the people ain is a limited government; yet did any were made a complex system of government, Englishman ever deny that he owed supreme and re-distributed between the General Govallegicance to the King of Great Britain, be- eminent and the States. cause the King of Great Britain no more than It is a sensible and practical conclusion that Abraham Lincoln, possessed unlimited pow- this was a peaceable and orderly revolution. ers. The Leoislatures of the States had no right to A;Lr. BRISCOE. The allegiance is due to the call Stawe Conventions, by any p wer deleKing, Loirds, and Parliament. gated to them. The Congress of the ConfedMr. STIRLING. The King, Lords, and Par- eration had no delegated power to call a liament, are a limited government; for while General Convention. It was by the powers the Parliament of Great Britain is in one residing in the people that the General Consense supreme, there are limitations and re- vention was callhed into existence and the strictions upon the Parliament. The question State Conventions were called into existence, of its being a limited government has nothing arid, by the sovereign act of the people of the to do with its being the supreme power, to States in the States, remodelled the whole whom supreme or paramount allegiance, for form of government and re-distributed certhey both me:in the same thing, is due. tain powers which resided nowhere else than Then it is said to be a government of dele- in the people, the States, or the General Govgated powers. I suppose that every govern- ernment. They gave the General Governirent upon this continent, of the American ment the attributes which nations are pospeople, is a government of delegated powers. sessed of, all those attributes which constitute I do not suppose that any inherent or abo- One of the family of nations on the earth; and riginal sovereignty resides in any government took them all away from the States. It rehete at present. I do not suppose that any sults as a matter of law, and a necessary moral government exists here except in the exercise consequence, that the duty which a man of delegated powers. I shall not go back to owes to preserve that Government which was the confederation or to the Declaration of In- thus erected by the peop'e of these States dependence. I shall leave all that question and which was by them declared to be suwhether there was sovereignty in the States preme, the characteristics of which were the or no soveleignty in the Stakes; whether sov- characteristics of the only National Governereignties formed the Constitution, or whether ment on the continent, the character sties of sovereignties did not form the Constitution; which were the only characteristics required 525 to make it similar to any other people in the have remonstrated at and talked against the world as an organized existence, is higher interpretation placed practically upon their than any moral obligation to preserve any Constitution? And the Governor of North State Government. Carolina very wisely and sagely said to his I say that what makes me a citizen of a people a short time ago, that although they nation among the nations of the earth, is the had seceded because they claimed a right to highest privilege I can claim, the assertion of sece de, and although it was generally underwehich is nmy highest duty except my duty to stood that the confederacy of the States save -m soul. I say that the people, by the amounted to that, practically it amounted to mode in which they re-distributed that power, no such thing. It was a right which it was imposed upon the people of the United States absolutely impossible to exercise in that cona greater obligation to maintain the General dition of things. If it did exist, North CarGovernment than they had to maintain the olina could not exercise the right and declare State. This is perfectly consistent with the herself independent of Virginia, because if she very well distributed and regulated powers did so, Virginia would fight her and destroy given to each. I do not argue that the States her right of secession. are rendered unnecessary by this General There is no refuge from the Government. Government. I believe that the division into You have either got to have one nation on States, is, as far as we can see, necessary to this continent, or you have got to have several promote happiness, convenience, and perhaps nations; not several nations with distinct the liberty of the people. But I believe that and separate delegated powers, not several the want of the existence of a National Gov- nations with separate State lines and definite ernment is absolutely incompatible with the State powers, but separate nations distinct preservation of any kind of liberty either per- by their numbers, but each of them consolisonal or political. dated in its own individual existence. If this The tentlemen upon the other side, not of war terminates in the separation of this counthis House but of this war, have themselves try into two; the government of those States recognizsed the very theory that they have de- which had been the Federal Government, or nied. While they have separated from this the Northern States, if gentlemen choose so Government under motives and feelings I to call them, will become vastly more consolthink it unnecessary to allude to, they have idated than it ever was before; and the States not formed a parcel of separate States, but represented by the South will become a conhave gone together into a government which solidated government exceeding any consoliendeavors to carry out through its written dated government which ever existed on the Constitution the States' rights theory, but yet face of the earth, unless destroyed by that a government with the same general powers fatal institution which remains under its corgiven to this government, and having -: form. ner-stone like a powder magazine at the botwhich, whether it is the action of Mr. Jeffer- tom of the most massive edifices that have son Davis, or the action of the whole power distinguished the genius and the labor of the of the Government, they call their country. world. The president of the confcderation constantly Gentlemen have asked what is the proprieappeals to the people to defend their country. ty of placing this article in the bill of rights. He does not mean that Virginia is their In the first place, it is said that it is no part country. It is a consciousness which no man of the bill of rights, that it is not the declawho lives can get rid of, that he must have ration of the rights of the people of Mary-some country. It is an exemplication of this land. As I have just said, I consider the doctrine that Jefferson Davis, speaking of the right of the people of Maryland to the existConfederate States, calls it their country. ence of the National Government, to the There is not a man who crosses the line of preservation of the Union,.and to the perpetbayonets that bounds the limits of his do- unation of the Supreme Court of the United minion, that is not asked to take the oath of States to be not only one of their rights, but allegiance, not to the proud old mother of so far as government can be a political right, States and Presidents, but to the Confederate the very dearest right that they possess. Statbs of America. They have too mulch Gentlemen have also asked if it was not sense down there in the practical exigencies necessary to exclude from this article any of this war, to carry out States' rights reference to any allegiance at all, why is it theories. They seceded with States' rights necessary to put in the word paramount? theories in their mouths as the apology for My friend from Prince George's referred to their secession; anti the very moment they the Constitutions of the different States, and accomplished the fact of their secession, they said that no one went further than to require uprooted their secession theories as dangerous an oath to support the Constitution of the and fatal, until throughout the whole country, *United States. I admit it. I admit that the swayed by their power, there is not to-day language of this article is novel, although remaining a vestige of St-ate rights. Does its principle is old. Its necessity results not everybody know that some obstropolous from the fact that in the transmutations of individuals, like the Governor of Georgia, time, a question has grown up as to the 526 meaning of these phrases in our old Consti- Maryland any right to withdraw people from tutions, and it is that which has caused this their obligations to the supreme law of the war and created this rebellion. Although land. Because we want to teach our chilthe Constitution of the United States was dren so that they shall not be misled by the supreme, and although the laws of Congress doctrines which have misled so many miswere supreme, it was held that there remained guided but noble-hearted men. If the Conan allegiance which the people of the States stitution of the State of Virginia bad conowed to their State sovereignties, which with- tained a clause Vlke this, there would have drew them by all legal and moral power been no war. There was a man who has from under that supreme obligation. What now gone to his grave with all the laurels of has been the result? It has demoralized the a soldier on his brow; a man who, I honestpeople of this country with regard to oaths ly believe, has done more harm to the Govand obligations to such an extent that a large ernment of the United States than any other part of the people seem prepared to break man who has drawn his sword against it; a any obligation whatever. There were Uni- man who possessed many of the qualities ted States army and navy officers at the of a fanatic, which led him sometimnes to commencement of the war who had not only do things which Oliver Cromwell himself sworn to support the Constitution,butsworn might have found it necessary to explain; allegiance to the Government of the. United a man who possessed high powers of' mind, States, and sworn to obey everyr order of the of pure, earnest, honest intentions, and with President as their commander-in-chief; but a susceiptible and kindly heart;-I mean when the war broke out, because when at General Stonewall Jackson. It is a perfectly home they were on one side of a certain line, well-known historical fict, that before Stonethey thought they were governed by another wall Jackson engaged in the prosecution of allegiance, and that withoutany other no- this war, he sat in his room thinking anxtice, they could by a letter written hundreds iously upon the question whether tile ordiof miles away, absolve themselves from all nance of secession of Virginia bound him to allegiance to the General Government; and draw his sword upon that side, or whether that their own State had a right to claim his oath of allegiance as an officer of the Unithem; that they owed some sort of debt to ted States army bound him to draw his sword the State of Virginia, or the State of South upon the side of the Federal Gtovernment, Carolina, although the acts of the State of We have the testimony of one of his nearest Virginia and the State of South Carolina relatives who saw him after lie had taken his were against their judgment and in many determination and become an officer of the instances against their wishes; while they Confederate army, that upon parting Generacknowledged that the Government of the al Jackson shook his hand, sayinL: "My United States was supreme over them. friend, we part here below to meet only al ove. That has been the consequence of these My first allegiance is dae to the State of theories and the interpretation put upon the Virginia." oath to support the Constitution of the Uni- That is the reason for the incorporation of ted States. It may be that the time of civil this article, to deny the right of this State or war is not the best time to chlange. It may of any State, by the exercise of any power be that this land presents the spectacle of over the individual citizen, to command him houses blazing and lands desolated. But by as a citizen to withdraw himself from under the light of these burning conflagrations we the obligation of the law which the State have read the history of the past and the his- and the Constitution of thle State admitted to tory of the p esent, and it has burned itself be supreme. into our minds in characters broader and Now I deny, and I do it with a great deal deeper than would have been possible in of deference, particularly to the gentleman peacefulness and quiet. We have seen the from Kent, that the history of the world interpretations placed upon the Constitution, proves that the time of revolution is not the and we mean to place in it an article which time to incorporate new ideas into the governshall contain our interpretation. I say this ment. I affirm on the contrary that there is -with all respect, because with the exception not a government that exists, there is scarcely of one or two gentlemen upon this floor, this a government that ever did exist, that was seems to be rather a quarrel about words. I not only baptized in blood, but born amid think my friend from Kent'(Mr. Chambers) the convulsions of revolution. If it had its said that the word "Paramount" did not origin prior to revolution, it has maintained mean anything more than that the citizen itself, and supported its existence and reowed allegiance within the delegated pow- newed its power only through revoluers; and I do not know that he has any ob- tions. What is the Constitution of Mar.jection to that. I do not know that there are land and the bill of' rights ot' 1776, but an more than two gentlemen who object to the itistrument declared by men that lhft their meaning of the article; but they say, why swords at home in order to attend the not leave it precisely as it was before? council chamber. What is the GovernBecause we want to deny to the State of meat of England, in all the great consti 527 tutional features which make it a free gov- customs they have lived under, make them desernmernt, but a government made by men potic; and if they were not consolidated they with swords imbued in the blood of their would be just as d spotic. Go back to feudal brothers just beftre they made it. I must times, and trace up the French nation, with confess I have no sympathy with this extreme their kings, and ultimately with their emshuddering about civil war. God knows it pire; and, I ask whether they would have been is a natural feeling, and the war is disagfree- under the dominion of Louis Napoleon toable enough to me. In its actual progrnss it day, as despotic as it is, if the rights of life, has come near enough to me on several occa- liberty, property, and the pursuit of happisions to make me feel the torturing anxieties nes:, had not suffered under the Duke of and the deep distresses which inevitably at- Guise or Henry of Navarre, or any of the tend it. But I ask, Mr. President, whether half kinos who exercised authority over the a people than was anything but imbecile, portiotns of France. I say that Louis XI, as slovenly, effeminate, and fit only to be kicked bad a man as he was, as corrupt and despotic out of the civilized world, ever existed with- a man as he was, conferred liberty upon the out civil war. people of France as tar as it could be conGentlemen talk about civil war consol,- ferred, for the people were not fit for liberty, dating the government. There is no gov- when the people of France, who had been pilernment in the world that is worth anything, a.ged and despoiled by the separate princes that has not got consolidation enough to pre- of France, were consolidated under one grand serve its own existence. The gentleman says government. And what ruined the republics that the Government of the United Slates of Greece? Was it consolidation? The protects us abroad, and nobody goes abroad. most glotrious page in their country's history, The Government of the United States pro- was under the empire of Philip and Alexantects us by its great and immediate powers der. It is that history which has spread abroad; but I ask under whose protection their renown over the civilized world, and and by whose power do the Governments of which carried Greek civilization over every ithe States exercise their beneficent jurisdic- portion of the then known world. It was tion at home. By their combination among despotic, of course. In the growth of civilthemselves they have lifted among the ban- izatio n the rights of man had never got above ners of the earth a banner which is every- that standard, and any government they where respected and feared; and it is because could have had would have been despotic; the Declaration of Independence declared cer- and a united despotism is better than a ditain general principles represented in our vided despotism. form of government, emblematized by that What lollows when a nation is divided into flag, and supported by the United States small fragments? The very fact that the people, making this country so strong at people are weak, makes them willing to trust home and so feared abroad, that the State their government with power. The very fact Governments have been able, peaceably and that the nation is small and weak, makes quietly to discharge their all-important and it more necessary for th m to concentrate valuable functions. Take a government scat- every energy in one executive head. It is tered and separate, like any small principality only when a people becomes strong; it is that stands shuddering every day lest its only when a people becomes as the United powerful enemies tear it to pieces; and I ask States have become, vast in numbers, and you whether in a government in that condi- wealth, intelligence, and power, that they tion the liberty of the citizen is safe and the are able to organize a free government with property of the citizen is protected. divided powers; because then and only then Gentlemen say that the history of the world people know that they are strong enough not is written all over with evidence that consoli- to make it necessary to keep up a demonstradation has destroyed liberty and ruined na- tion of power. tions. I am not in favor of that consolida- Gentlemen talk about the blessed progress tion w:hich absolutely blends together these of the government under the States' rights people; but I am in favor of that consolida- idea. I deny that the government ever adtion which is necessary to keep them united, vanced upon the States' rights idea. You and to preserve their power among the na- had sometimes States' rights men in different tions of the earth. With all deference to the offices of the government: but whether that learning and opinion of gentlemen who have is sa or not, I ask with what consistency it pronounced this theory, I say you cannot can be said that this government has adpoint me to an instance in the history of the vanced under the States'rights theories, rather world, where the consolidation of a nation than under the consolidation theory under has either destroyed the liberty or d'stroyed the Constitution. I am not disposed to go a people. Gentlemen talk about the despot- into the argument about the outrages said to isms of Europe. Why are they despotisms? have been committed upon any State. But Not because th..y are consolidated, but be- 1 ask you, if it is true thwat President Lincoln cause the institutions of the people, and the controls more power than he ought to conpartial development they have made, and the trol, and if it is true that Jefferson Davis con 528 trots more power than he ought to control, if rights. And I say, is there any limit to the it is true, as the gentleman from Somerset power of the government to enforce its laws, says, that there is no law but martial law, unless you admit the al.stract right of se eswhat is the reason? Is it because this gov- sion, except so ftr as that right is limtited in ern'ment has gone on with a progressive ten- point of'fact. My friend from Prince George's, dency to consolidation? No, sir; it is be- furthest fiom me, (Mr. AMar'bury,) made the cause the nation is divided, the government very sensible remark that this matter was weakened, and the people are disposed, in submitted to the arbitrament of armies, and their sense of fear, from their weakness, to he was prepared to leave it there. Of course confer more power upon their rulers than it is. Whether the States have a right to sewhen united, powerful and strong, they cede or not, whether any number of people would ever have submitted to. I admit that have a right to secede or not, yetif they hapPresident Lincoln has exercised powers such pen to be strong enough to keep the governas no President in time of peace would have ment from whipping them, they have estabattempted to exercise; and he has exercised lished as a practical fact their rieht to be inthose powers because the people, divided and dependent. No doubt about that. weakened, were willing for their own protec- But gentlemen say that while the Supreme tion rather to trust everything they had tem- Court of the United States is the arbiter tinder porarily, to give him power to defend the the Constitlution, in the first place that arbination, than that he should fail to defend it. trament is different from the.arbitrament in With this same consciousness of human na- other governments, because a man is not ture, the States' rights politicians of the bound to obey and then try the question South have swept away every Constitution afterwards. I must confess that I listened and every law, and subjected the whole South with some surprise to the rema'rk made by the to a severe martial law,. under the necessity gentleman from Kent, (Mr. Chambers,) upon of defending their own cause; and I should that subject; because I always supposed that have thought Jefferson Davis a fool if he had the same right existed in any governmentfor acted upon any other principle. If he was a man to try the question how far the actual right in his rebellion, he is right in what he:hing required to do was in conformity with is doing. the power of the government. no matter how A few words upon paramount allegiance, paramount or absolute might be his alleviand this theory of coercion. This doctrine ance, unless the government was despotic. of coercion is no new doctrine. Did anybody If' the government is unregulated or unlimever deny that if a hundred men undertook ited, of course no man has a right to try anyto defy the authority of the State, the civil thing. But if the goverznment is regulated power would call for the aid of the military or limited, no matter how strenuous may be power'? But gentlemen say you cannot co- the law of the king, the subject has the right erce a State. I do not care whether you can to try whether the king or the government coerce a State or not. The process of'separa- has transcended its power. He has two altion always ends in resistance to the law of' ternatives, to appeal to the natural law or the United States, and that resistance is made to the law of the courts. If the act which he by individuals. If they claim to act under is required to do trespasses so closely upon an authority under which they have no right his personal right and actual s,:fety, that as to act, the government of the United States in the case of danger to human life he cannot can only deal with them as individuals It retreat, ift' it exceeds the risk which as a man can make no difference whether there are he is bound to incur, he has a right to resist. enough of them to take possession of the gov- Is there any doubt about that? Is there any ernment of the State or not. Their taking doubt that a man may resist under the govpossession of the government of the State is eminent of Great Britain? If a sheriff is ilvoid unless you admit the right of constitu- legs. lly appointed, or if he arrests the man for tional secession. The Constitution of the debt on Sunday, and the man kills him in deUnited States declares that the President shall fence of his liberty, you cannot hiang that enforce the laws. What does " enforce" man for murder. Yet no mnln denies that mean? It means to make. people obey by under the English government there is a force if they do not obey willingly. He is to common arbiter. Still I do not go so far as take care that the laws shall be faithfully ex- the gentleman from Kent when lie s;ays that ecuted; peaceably if he can, forcibly if he under all circumstances a man not only has must. What difference does it make whether the right, but it is his duty to resist. That one State, two States, or three States, one would depend altogether upon what the comman. two men, or a thousand men interfere mand is. No man has a right to become a with the laws?-in point of law I mean, for shedder of blood, or to revoluti{onize, in oppoof course in point of fkct it makes a great dif- sition to illegal demands, it' those demands are ference. A man may have a right to shear a of an altogether disproportionate character wolf; if he cannot shear him, of course it to the violence used to repel them. makes a difference in the actual fact. We Ml. CHAMBERS. I stated expressly, in flaare talking about law and constitutional grant cases of violation. 529 Mr. STIRLING. Perhaps there may not he the great mass of the people. Itis unwise to much difference upon that point. T under- continue our democratic system if we are to stood the gentleman to assertit as a duty, and run all the risks of convulsion that are to be do not recollect his using the term "flagrant;" found in the old world, and the risks of our but I suppos, my memory is in fault upon own system too. I say that our system of that subject. This right to resist, I suppose, government restrains the right of revolution is a legal right, as much in England as here. in that sense; and it is qualified also in Men have the same right here, subject to the another sense. arbitrament of the Supreme Court, if they I do not deny the abstract right of any portake their lives in their hands, if they choose tion of the people to rise under oppression; to resist and be tried. What do you mean but if they trample on my toes when they then by the doctrine of revolution? rise, I have a right to use my foot. I say that I am very free to say that I do not intend the citizens of the United States, if any porto be responsible for what Mr. Lincoln may lion of the people of the United States athave said when he used the language that has tempt to rise, have a right to take into conbeen alluded to. I do not mean to be re- sideration how far that affects their rights sponsible for what any of the people who and liberties. They have a right to say in have gone bebfore us have said with regard to the first place, " Your revolution is on printhe question except so far as I agree with ciples which imperil us; your revolution, if themn; I mean upon the right of revolution, successful, destroys us. We have the same or the duty of the people to separate when right to self-preservation that you have; and they cannot get along together. I am per- if your right of self-preservation justifies you fectly willing to take the opinion of anybody in rising against the government, the same upon a matter of which he knows as much as right justifies us in putting you down." I do; that is when he has the same ftets and That is all apart from the legal question of the same circumstances to reason upon and coercion; and that is just the reason why stand upon. The men that framed this gov-' Everett, Lincoln and all those men were misernrent came out of the Revolution as friends I taken with regard to what was going on. It and brothers; and they came out under cir- iwas a fact that there existed in the minds of cumstances very different from the circum- the people a consciousness that everything to stances that surround us. They had a gen- them depended upon the existence of this eral idea that this government would be government. When the guns'were fired upon broken up if any considerable portion of the Fort Sumter, Mr. Lincoln was impelled to do people attempted resolutely and firmly to re- what I am convinced that up to that moment sist it. Air. Lincoln had thesame idea. Mr. he had no idea of doing. He had no idea that Everett had the same idea. When the war he ever would havean army in Tennessee and first brokeout there was scarcely a prominent North Carolina. But the people ruled. The public man in the North who believed that great tide of the people's power, the energy this government was able ever to malke a se- and the will of the people, carried the govrious attempt to resist the States if they at- ernmint at Washington along with the pubtempted to secede. So much for the author- lic mind of the country, in the same direcity on that subject. tion in which their irresistible impulse drove I admit the right of revolution as firmly as them. It was the truth flashing from the anybody else admits it, except so far as this, lightning of the people's power; it was truth that under our democratic system where we expressed in those instincts of the people, and have provided universal suffrage, where we expressed in a manner excelled only by the have taken all these methods of developing revelations of Omnipotence. There is no the popular power, which the old governments such truth as truth flashed out from the conof the world seem to be afraid of, the estab- victions of the people, growing out from their lishment of these rights in the democratic instincts and the traditions of their lives. form of government is to that extent an The great truths of the world are truths of abridgment of the right of revolution. Under that character. It was thle truth that the a monarchy you can have no other remedy people of the United States had down deep than a revolution; but under an electivegov- in their hearts, that came out. It was the ernment,every two years or four years, there is; consciousness that this war involved a prinprovided an opportunity to change the gov- ciplF that was dear to them, which made ernment, which restricts the right of revolu- them determine that they would not allow tion just so far as it affords a peaceable rem- any right of revolution or anything else edy. Hence there is a greater responsibility which would imperil them. under such a government in making a revo- Gentlemen talk about the Constitution of lution. the United States. What is the Constitution Otherwise there is no use in a democratic of the United States, grand as it is in its prinform of government. It is not right for us to ciples and in its origin? It is paper, and pen, run all the risks ofabsolute popular sovereign- and ink? Take away the territory of the ty, together with all the dangers which many Uniled States, the people of the United feared from trusting universal suffrage with States and what is the Constitution of the 530 United States? Gentlemen argue about the body else. Has not the citizen of Montana Constitution as if the territory and the peo- as much a right to enter Virginia as if his pie were not parts of the Constitulion; as if mother were the mother of five thousand prethere could be a Constitution without a terri- sidents? Every citizen of Montana has the tory and.without a people. I say the Con- right, under the call of the Government of stitulion of the United States is nothing but the United States, I say it with all seriousthe expressed will of the people. It is noth- ness. and I say it with regret that it should ing but that organization in which resides the be necessary, to desolate every foot of Virsoul of the peoptle; and as the human soul will ginia soil, and to slay every citizen of Virgo on into an eternity of existence, either of ginia, if Virginia undertakes to bar his way, happiness or of misery, long after this body as a citizen of the United States, when the shall have crumbled in the dust, the people Government of the United States calls upon of this country or of any country, will live him as a soldier to protect that transit. He until time itself shall be no more, although has the right to slay every citizen of Virginia every fragment of their Constitution may if it is necessary to accompl-ish that result. have perished in the dust. His moral right to do so must depend, before What becomes then of this doctrine that God, upon the rights and necessities of the coercion is not only unconstitutional but'that case. it is immoral and unnecessary. AIr friend What a spectacle has been produced here from Prince George's, the other day, (Mr. in our own State? What is the reason we Belt,) seemed to be exceedingly aroused by had those scenes? What would have been the fact that under the despotism at Wash- the position of lMaryland under the arbitrain- tony soldiers of the extreme territories, ment which gentlemen claim? Gentlemen thatl had no State existence, were marched talk about the absolute right of revolution; upon the soil of Virginia, into a sovereign a right which makes the p-rties who under-'State, with all the powers of government and take the revolution the sole rlbiters. I with all the history of the past clustering would not go back and refer at all to events around her. Is there anybody to deny that in Maryland; but I will aski what would every citizen of the United St:ates has a com- have been the result here if that doctrine had mon right of territorial ownership in all the been carried out to its practical effect. Supterritory of' the United States? that he has a pose under the state of things here, a majority common right to go into them all? that he of the people of this State, not so large in has a common right to live in them all? Will point of numnhers as to command any certain any man claim that he has not as good a physical power, a bare majority, had declared riight to walk over the county roads of Vir- their adhesion to this new government, and ginia as any citizen of Virginia? Is not that seceded fi-om the Government of the United a portion of the land which is declared to be States. What would have been the position free to all, by the Constitution ot the United of Maryland? Will any man tell me that States, the supreme law of the land? What that act would have stripped me of any right does the Constitution mean by saying that it I possessed before? that that act -would have shall be the supreme law of the land? What taken from me my rights as an American cit-''land?' It is the common territory em- izein? that that act would have taken away braced within the limits of all the States, and my right to call the flag of' the United States of the territories of the United States not my flag? No, sir. If such a revolution had formed into States; these are the Iands over been attempted by a majority or a minority, which the Constitution is supreme. I deny they would have been nuet in the streets and the right of the people of the State of Vir- roads, and on the door-steps in every [)art of ginia or of any State to take away from me as the State, by another portion of the people, an individual citizen of the United States any majority or minority, who would have told portion of that land over which the Consti- them that if they undertook to trample upon tution is the supreme law. The people out this flag, their pathway must be over their in MolIftana, no doubt, thought it was not in dead bodies, for they wvould protect it with the power of anyl)odly in Virginia to say to their life-blood. For one, I say here, that them that the Government of the United under no consideration would I have passed States should be destroyed and shorn of its under the dominion of the Confederacy, unless terri tory, by which shearing of its territory I had been shackled with fetters, and bonds, and power they were to be left defenceless, and prison bars. I would have remained and their position as citizens diminished, and within its bounds sufficiently long to make their righits is individuals impaired, and their my preparations to move, if resistance had position among the people of the world de- ceased to be possible, and tilen should have graded and disgracel, unless they had the left it for some climie where liberty reigned right to resent the insult and defend their and peace prevailed; and I would have folcountry. lowed the banner of miy fathers, wherever it Who is the citizen of Virginia? Because might float, though it might be in solitary he is a descendant of the fathers of the Con- grandeur on the faistnesses of New England. stitution, has he any more rights than any- Is not the fact demonstrable' that if there 531 had been a declaration of secession here, our liberty to ourselves and our posterity,' that it State would have become a scene'of civil war possesses all the purposes for which it was insuch as has torn Virginia into fragments? stituted, that it is irreconcilable with the obAt this day 25,000 men of Virginia have gone jects and purposes for which the Constitution out as soldiers under one Government, and was adopted, to suppose that it contains in something like 150,000 men into the armies itself the principles of its own destruction, or on the other side. Such has been the case in has failed to endue the Government created every State in the South West. Those States by it with the essential lower of seli-preseronly have escaped, which have been so vation. That it is not in the power of any far removed from the scene of conflict, and one State to annul all act of the General which have been so permeated with the spirit Government as void or unconstitutional. of revolution, that the minority did not feel " That the power of deciding cont' overlies themselves able to make resistance. among the different States, or between the I do not mean to be understood to say that General Government and the Stales, is reposed the majority of the people of the South are in in the federal judiciary, and that it is an act favor of this Government.. I don't believe of usurpation for any State to arrogate to any such humubug. But I will say that there herself jurisdiction in such cases. were enough of them to have made, as tt ey "That the Supreme Court is the only triactually have made, a civil war inside the burai having conclusive jurisdiction in cases limits of five or six slave States, and it was involving the constitutionality of the acts of nothing in the world but the extreme dis- the General Government. tance which prevented a Iike scene of conflict " That whenever a State is aggrived by the in one or two others. constitutional acts of the General GovernSo I say that this whole doctrine of the ment, the 5th article of the Constitution preright of revolution amounts to nothing.- scribes the remedy, declaring that'the ConUnder a republican government, it must de- gress, whenever two-thirds of both Houses pend upon how far they tresp ss upon other shall deem it necessary, shall p!ropose amendpeople's rights in making their revolution, ments to this Constitution, or on -ie applicafor other people's rights are as sacred as tion of the Legislatures of two-thirds of the theirs, and if those other people happen to several States, shall call a convention for have more power than they have, all that the proposing amendments, which, in either case, right of revolution will amount to will be shall be valid to all intents and purposcs, as the right to make a fight and get whipped at part of this Constitution, when ratified by the end of it. the Legislatures of thrte-fourths of the several I shall conclude what I have to say, re- States, or by conventions in three-fourths ferring merely to one authority. I only wish thereof, as the one or the other mode of ratito read a small portion of the history of the fication may be proposed by Congress.' State, as a proof that the people that went "That the right to annul a law of the before us, did not entertain such very differ- General Government assumed by one State, ent views from ~what we (lo; and that in point is incompatible with the existence of the of fact the differences of opinion that have Union, contradicted expressly by the letter of grown up in regard to this question are per- the Constitution, unauthorized by its spirit, haps quite as much the result of difference of inconsistent with every principle on which feeling, purpose and desire, as upon any mat- it was founded, and destructive of the great ter of logical deduction or philosophical ar- objects for which it was formed. gument. I wish to read the resolutions of "That our fellow-citizens of' South Carolithe General Assembly of Maryland of Febru- na, who remain faithful to the Constitution ary 26, 1832, in regard to the condition of and laws of the United States, are entitled to South Carolina, for the purpose of showing the protection of the General Government, that an arbitrament exists under our form of both for their property and their persons. government: "That if any State, regardless of the con"Resolved by the General Assembly of Ma- stitutional remedies which are afforded for ryland, That in expressing our opinion upon every grievance and oppression, should atthe O, dinance of Nullification and the recent tempt to withdraw from the Union, it is the proceedings of South Carolina, it is our duty right and duty of' the General Government to de(clare our opinions firmly upon the prin- to protect itself, and the obher States from ciples assailed, find to expostulate mildly and the fatal consequences of any such atrtempt.' affectionately with hpr. That is to whip her back i' she is out, and "' Resolved, ThaLt we hold these principle3 to keep her from going if she is not quite out. to be incontrovertible, that the Government If any body can put any other interpretation of the United States was adopted by the peo- upon it I shall be glad to hear it. pie of the different States, and established "'Fur'the' resolved, That the Ordinance of'in order to form a more perfect union, estab- Nullification of South Carolina is calculated lish justice, assure domestic tranquillity, pro- to mislead her citizens from the true c}haracter vide for the common defence, promote the of the Federal Government, and the just allegeneral welfare, and secure the blessings of giance which they owe to that Government. 532` Resolved, That this State is ardently at- former part of his very able argument with tached to the Union; that it does not desire regard to certain authorities which happened any additional powers lo be conferred on the to aree with us; that be was discharged General Government, but wishes every dele- from the obligation to sttand by them because gated power to be exerted that has a tendency the people who stated them did not know as to strengthen the bonds that unite us, and to much as wite know now. fortify the hope that the Union will be per- Mr. STIRLING. The gentleman can stand petual. or sit, whichever he pleases, corrected. I "Resolved, That this State does not recog- said that in regard to constitutional questions nize the power in any State to nullify a law I consult authorities just as I consult them in of Congress, nor to secede from the Union, a court of law. In regard to matters in reand that it will sustain the General Govern- lation to which circumstances have entirely ment in the exercise of every constitutional chanced, and opinions based upon other cirmeans to preserve unimpaired the integrity cuMnstances, any man would be very unwise, of the United States." if he absolutely depended on the opinion of (The allotted time having expired, the ham- any man who lived so long afo that he could mer fell.) not know the facts and circumstances upon Mr. JONES, of Somerset. The gentleman w hich the opinion would properly be based. from Baltimore city has argued this case So far as that principle will aid the gentlewith a fairness and ability, which in my man, he is at liberty to take it. The facts judgment entitles him to be heard until he.were to a great extent the same at this time. finishes his argumlent. I move that he have They were not debating a question of fact, liberty to proceed. but a question of constitutir)nal interpretaThe motion was agreed to. tion, the same in all time. and which cannot Mr. STIRLING proceeded: There are sev- be varied under any circumstances. It seems eral other resolutions expressing their firm that with one very distinguished exception, and strTong attachment to the Union, which I these resolutions met with the unanimous asthink it unnecessary to read. But as a co- sent of the people of Maryland represented in temportaneous exposition of the same subject, the General Assembly. There was a substiI desire to read upon this question of allegi- tute offered for the resolutions by the honorance from the case of Hunt vs. The State of able gentleman from Somerset who addressed South Carolina, quoted in Kent's Commenta- the Convention the other day (Mr. Jones.) ries, vol. 2: By that substitute he distinctly declared that' In the case of the State vs. Hunt in South "' the General Government has no shadow of Carolina, in 1835, (2 Hill's S. C. Rep. 1,) the right, under the Constitution, to employ the subject of allegiance, and to whom due under military or naval power of the Government the Constitulion of the United States was acainst the sovereignty of a State; —that the profoundly discussed, and it was declared by idea of preserving a union of sovereign rea R'ajority of the Court of Appeals, that the publi s by military force is the most Tlreposcitizens owed allegiance to the United States, terous of all absurdities;-that the General and sub)ordinately to the State unlder which Government of these United States is prethey lived; that allegiance was not now used served, not by the fear of military force but in the feudal sense, arising out of the doctrine by the concurringfree will and chioice of the of tenure, and that we owed allegiance or people of the several States, and thatthe conobedience to both governments to the extent trary doctrine would convert the Government of the constitutional powers existing in each into a'm.ilitary despotism."' The Court held that an oath prescribed by an The House refused to adopt the substitute; act of the Legislature of December, 1833, to and then the vote was taken upon adopting be taken by every militia officer, that he shall the report of the committee, which was adoptbefaitffitlandtrue allegiance bear to the State ed upon the yeas and nays by a vote of 59 of South Carolina was unconstitutional and yeas, and " Negative, Mr. Jones," who unvoid, as being inconsistent with the allegiance like his colleague certainly has the merit of of the citizens to the Federal Government. consistency. The Court consequently condemned the ordi- I Mr. JoNss, of Somerset. I held those opinnance of the Convention of South Carolina ions then, and I have held them ever since. of November, 1832, as containing unsound Thirty-two years of experience have tended and hefreical doctrine, when it declared that to confirm the truth of the principles I then the allegiance of the citizen was due to the announced. Although I stood in a small State, and obedience only, and not allegiance, minority in the House of Delegates, I will do could be due to any other delegated that body the justice to say that I was allowed power."'' unlimited time to express my views'. I beMr. BELT. If the gentleman will permit lieve I was heard over four hours. me, I will suggest with reference to the reso- Mr. STIRaING. If the minority here were lutions which the gentleman has read, so far reduced to himself, we would allow the genas they touch our views, we avail ourselves tleman six hours. of a remark the gentleman himself made in a Mr. JONES, of Somerset. The progress f 533 events and circumstances since that time has "paramount," the result was-yeas 32, nays been such that I am not left in a majority of' 55 —as follows: one in Ihis Convention. Yeas —iiessrs. Belt, Berry, of Prince Mr. STIRLING. I will read the names: George's, Billingsley, Blackiston, Bonnd, Bris" Affirmative —Messrs. Speaker Thomas, coe, Brown, Chambers, Clarke, Cr;awfird, Harris, Biakistone, Hayne, Chandler, Wickes, Dail, Davis, of Clharles, Dennis, Duvall, EdeBrewer, Hobbs, Roberts, Lanimore, Bourke, ien, Gale, Harwood, H-nkle, Hodson, HollyGarrettson, Duvall, of Anne Arindel, Comp- d;Ly, Horsey, Jones, of Somerset, Lans-l:le, ton, Billing sley, Sonmervell, Merrick, Millar, Lee, Marbury, Mitchell, Miller, Morgan, ParRogerson, Mudd, Turner, Ely, Holmes, Ste- ran, Peter, Smith, of Dorchester, Wibler-32. veins, Mullikin, Dudley, Teackle, Nicols, NVays —Messrs. Goldsborough, President; Wright, of Dorchester, Richardson, of Dor- Abbott, Annan, Baker, BArron, Broolks, Cunchester, George A. Thomas, Evans, Knight, ningham, Cushing, Daniel, Davis, of Wash: Edelen, Gantt, Hearn, Milbourn, Powell, Fore- ington, Dellinger, Eatrle, Ecker, Farrow, man, Unketer, Sch!ey, Hammond, Johns, Galloway, Greene,:-latch, I-Iebb, Hoffman, IHope, Forwood, Carter, Jump, MAlnn, -loll.- Hopkins, Hopper, Jones, of Cecil, Keefer, man, Grove, Weast, White, Harding, Will- Kennard, King, Larsh, Mace, Markey, Mcson, Gittings, Lantz, Louthan, Bruce, Sli- Comas, Mullikin, Murray, Negley, Noble, Nycer-59." man, Parker, Pugh, Purn.:ll, R)dgely, RobiMr. BILLINGSLEY. I hope the Convention nette, Russell, Sands, Schley, Scott, Smith, will understand that I am not the Mr. Bill- of Carroll, Smith, of Worcester, Sneary, ingsley who voted for those resolutions; and I Stirling, Stockbridge, Swope, Sykes, Thomas, would say in reftrence to my representative Todd, Valliant, Wickard, Wooden —55. that the sad calamities of his country have So the amendment was rejecled. taught him a bitter lesson. Mr. BELT moved to strike out the 4th ar — Mr. 6TIRLING resumed: I only wish to say ticle. with reg ard to this that the State of Mary- The motion was not agreed to. land, as represented here to-day, stands pre- Mr. CHAMBERS submitted the following cisely where she stood in 1832; that the events amendment: of past times have taught us a different, les- Article 4, strike out all after the word son; and we are prepared to record our votes " that,' in the fitlst lin e, and insert the words: for this proposition as at proposition necessary " The Constitution of the United Stltes and to be incorporated into this Constitution, the laws made in pursuance thereof, and all which has been taught to us by the light of treaties nmade under the authority of the experience, and which is perfectly consistent United States, are the supreme law of the with the constitutional views always en- land, to which every citizea owes obedience, tertained in the State of which we are anything in the Constitution or laws of this citizens. State to the contrary notwithstanding, and Under the order, the question was stated every citizen is equally boutnd to obey all orupon the amendment. ders or ordinances of those 4'ho for the time Mr. JONEs, of Somerset, (by unanimlous being administer the Government, so far as consent,) said: I wish merely to account for such orders or ordinances shlill be in conthe unaulimity with which the resolutions formuity to the Constitntioti of the Utited referred to were adopted. I believe I occu- States and laws made pursuant theleto." pied nearly the whole of the sitting; and im- Mir MILLER. There are other propositions mediately upon the adjournment, as I passed to be offered, and five minutes is allowed upon out of the door of the House of Delegates, a each. It is now late, attd I move that the gentleman who rept'esented Baltimore city, Convention adjourn. slapped me on the shoulder, and remarked, The motion was rejected. " Jonies, there is no doubt thtit the doctrines MIr. JONES, of Somerset, demanded theyeas you have advocated are the doctrines of the and nays upon the amendmnent subtmitted by Democlatic party down to to-day, but we Mr. Chaimbers; and they wre ordered. must stand by old Hickory.' The question being taken the iesult wasMr. BERRY, of Prince George's demanded yeas 32, nays 53-as follows: the yeas and nays on the amendment aud they Yeas-M-essrs. Belt, Berry, of P. George's, were ordered. Billingsley, Blackiston. Bond, Briscoe, Brown, Mr. BELT. It is my desire, if it can be ac- Chambers, Clarke, Crawford, Dail, D~avis, of complished, to have one vote decide this Cha-irles, Dennis, Dnuvall, Edelen, Gale, Harquestion. I would suggest therefore, if the wood, H-etklle, Hollyday, Horsey, Jones, of gentleman will withdraw his amendment, I Somerset, Lansdale, Lee, M.irbury, Mitchell, will move to strike out the whole section. Miller, Morgan, Parran, Pet', Smith, of Mr. CHAIN.B1eS moved that the Convention Dorchester, Turner, Wiluer —32. adjourn. Nays-M-essrs. Goldsborouoh, President; The motion was rejected. Abbott, Annan, Baker, Bariron, Brooks, CnnThe question being taken upon the amend- ningham, Cushing, Daniel, D.ivis, of Washmeat of Mr. Briscoe, to strike out the.word ington, Dellinger, Earle, Ecker, Farrow, 534 Galloway, Hatch, Hebb, Hoffman, Hopkins, ningham, Cushing, Daniel, Davis, of WashHopper, Jones, of Cecil, Keefer, Kennard, ingtoi, Dellinger, Earle, Ecker,Farrow, GalKing, Larsh, Mace, McComas, Mullikin, loway, Hatch,Hebb, Hoffman, Hopkins, HopMurray, Negley, Noble, Nyman, Parker, per, Jones, of Cecil, Keefer, King, Larsh, Pugh, Purnell, Ridgely, Robinette, Russell, McComas, Mullikin, Murray, Negley, Noble, Sands, Schley, Scott, Smith, of Carroll, Nyman, Parker, Pugh, Purnell, Ridgely, Smith, of Worcester, Sneary, Stirling,Stock- Rohinette, Russell, Sands, Schley, Scott, -bridge, Swople, Sykes, Thomas, Todd, Val- Smith, of Carroll, Smith, of Worcester, liant, Wickard, Wooden-53. Sneary, Swope, Sykes, Thomas, Todd, ValSo the amendment was rejected. liant, Wickard, Wooden-49. AMr. BARRON moved the previous question. Nays-Messrs. Belt, Berry, of P. George's, Mr. DAVIS; of Charles, raised the question Billingsley, Blackiston, Bond, Briscoe, Brown, pf order. Chambers, Clarke, Crawford, Dail, Davis, of The PRESIDaENT. If it had not been for the Charles, Duvall, Edelen, Gale, Harwood, order adopted by the Convention on the 14th Henkle, Hollyday, Horsey, Jones, of Somerinstant, this motion would be in order. But set, Kennard, Lansdale, Lee, Mace, Marbury, the House seems to have determined by that Mitchell, Miller, Morgan, Parran, Peter, order to admit the further privilege of offer- Smith, of D:)rchester, Stirling, Stockbridge, ing amendments, accompanied with the privi- Turner, Wilmer-35. lege granted to each speaker of five minutes So the vote adopting the order was reconfor the purpose of explaining his amendment. sidered. The Chair can only understand that order The question recurring upon the adoption -as a suspension of the standing rule of the of the order, House. M r. HEBB moved to lay the order upon the Mr. KENNARD. IS it in the power of the table. *Convention by such an order to suspend the Mr. MILLER demanded the yeas and nays, standing rule of the House? and they were ordered. The PRESIDENT. It is not usual. Under The question being taken, the result was — the rules they can only be changed upon yeas 52, nays 32-as follows: giving one day's notice. But it is in the Yeas-Messrs. Goldsborough, President; power of the House at any time to determine Abbott, Annan, Baker, Barron, Brooks, Cun-.what it will do with any particular subject; ningham, Cushing, Daniel, Davis, of Washand the President must abide the determi- ington, Dellinger, Earle, Ecker, Farrow, nation of the House until it is reversed. Galloway, Hatch, Hebb, Hoffman, Hopkins, Whether it operates as a suspension of the Hopper, Jones, of Cecil, Keefer, Kennard, rule or not, was for the House to determine, King, Larsh, Mace, McComas, Mullikin, AMurand not for the President. Until the order ray, Negley, Noble, Nyman, Parker, Pugh, is reconsidered it stands as the judgment of Purnell, Ridgely, Robinette, Russell, Sands, the House. Schley, Scott, Smith, of Carroll, Smith, of Mr. SANDS moved to reconsider the order Worcester, Sneary, Stirling, Swope, Sykes, adopted on the 14th instant respecting final Thomas, Todd, Valliant, Wickard, Wooden action upon the 4th article of the Declaration -52. of Rights NVays-Messrs. Belt, Berry, of P. George's, Mr. CLARKE. I think there are only three Billingsley, Blackiston, Bond, Briscoe, Brown, or four amendments to be offered. Probably Chambers, Clarke, Dail, Davis, of Charles, we can finish them all in less time than we Dennis, Duvall, Edelen, Gale, Harwood, could reconsider. Henkle, Hollyday, Horsey, Jones, of SomerMr. STIRLING. I hope the order will not set, Lansdale, Lee, Marbury, Mitchell, Miller, be reconsidered. If it were the intention to Morgan, Parran, Peter, Smith, of Dorchester, consume the time, there would be a contest Stockbridge, T.urner, Wilmner-32. upon that. I understandthat there are only So the order limiting the debate was laid three or four amendments to be offered, find upon the table. that there will be no debate, and then the Mr. BARRON moved the previous question; question can be taken. and the motion was sustained. Mr. BELT. I desire to submit a proposition Mr. DAVIS, of Charles, moved that the Conembodying what I regard as the naked truth vention adjourn. upon this subject. I do not wish the yeas The motion was rejected. and nays upon it; but only to place it on the The main question was then put, upon the record. adoption of the 4th article of the DeclaraMr. JONES, of Somerset, demanded the yeas tiou of Rights, as reported from the conand nays on the motion to reconsider; and mrittee. they were ordered. Mr. BERRY, of Prince George's, demanded The question being taken, the result was- the yeas and nays, and they were ordered. yeas 49, nays 35-as follows: The question being taken, the result wasYeas-Messrsi. Goldsborough, President; yeas 53, nays 32-as follows: Abbott, Annan, Baker, Barron, Brooks, Cun- Yeas-Messrs. Goldsborough, President' 535 Abbott, Annan, Baker, Barron, Brooks, Cunn- and that he would have voted for the article ningham, Cushing, Daniel, Davis, of Wash- as reported by the committee. ington, Dellinger, Earle, Ecker, Farrow, Gal- CORRECTION OF DEBATES. loway, Hatch, Hebb, Hoffman, Hopkins, Hopper, Jones, of Cecil, Keefer, Kennard, Mr BRIscoE. I desire to make a correction King, Larsh, Mace, McComas, Mullikin, Mur- of the report of my remarks, on page 134 oj ray, Negley, Noble,.Nyman, Parker, Pugh, the "Debates,'' which as reported by the very Purnell, Ridgely, Robinette, Russell, Sands, efficient and able reporter of' this body, either Schley, Scott, Smith, of Carroll, Smith, of from the inaccuracy of my own language or Worcester, Sneary, Stirling, Stockbridge, from the fallibility of the reporter, are susSwope, Sykes, Thomas, Todd, Valliant, ceptible of some misconstruction; for the lanWickard, Wooden —53. guage as reported does not convey the meanNays —Messrs. Belt, Berry, of P. George's, ing I intended to convey to the Convention. BillingsIey, Blackiston, Bond, Briscoe, Brown, I ask that I may be permitted to substitute a Chambers, Clarke, Crawford, Dail, Davis, of revised copy of those remarks in the place of Charles, Dennis, Duvall, Edelen, Gale, Har- the report in the debates, as I should have wood, Henkle, Hollyday, Horsey, Jones, of' done if I had been present when that portion Somerset, Lansdale, Lee, Marbury, Mitchell, of the debates was laid upon the tables of Miller, Morgan, Parran, Peter, Smith, of' members for correction. I desire merely to Dorchester, Turner, Wilmner —32. correct the grammatical order and phraseOn motion of Mr. VALLIANTI ology of my remarks, and not in any manner The Convention adjourned. to vary their true meaning. The PRESIDENT suggested that the better way would be to submit the revised copy to THIRTY-FIFTH DAY. appear upon the debates of to-day. FRIDAYI June 17, 1864.' Mr. BPIscoE. I desire to strike out and The Convention met at 10 o'clock A.. ir. HEBB. I should object to that; not Prayer by the Rev. Mwr. McNemar. that I object to the correction, but that it deThe roll was called, and the following stroys the whole setting of the type. Mrembers answered to their names: The PRESIDENT. It would put the printer Messrs. G~oldsborou~gl, President,, Abbott, to the necessity of reprinting that matter. It Annan, Audoun, Baker, Barron, Belt, I Berry, xwould be better to offer the revised remarks of Prince George's, Billingsley, Blackiston, to appear in this place as of to-day. Bond, Briscoe, Brown, Carter, Charnbers, RMr. STIRLING. I should not object to that; Clarke, Crawflrd, Cunningham, Cushing, but gentlemen should understand that if they Dail, Davis, of Charles, Davis, of Washington, have any particular care how their remarks Dellinger, DennFall,uall, Earle, cker, Ede- appear, they can always have the opportunity lens Farrow, Gale, Qalloway, Greene, Hatch, of seeing what the report is before it gees into Bebb, Hoffman, IBollyday, Hopkins, Hopper, the Debates; and if they omit that, it is at Horsey, Jones, of Cecil, Jones, of Somerset, their own risk, excepting such correction as Keefer, King, Lansdale, Larsh, Lee, M ace, can be made in the proof. But the gentleman Mlarbury, McCromas, Mitchell, Miller, Morgan, from Calvert, it seems, could not correct the Mullikin, Murray, Negley, Noble, Nyman, proof, being absent at the time. Parker, Parran, Peter, Pugh, Purnell, Ridge- Permission was granted to print the revised ly, Robinette, Russell, Sands, Schley, Scott, rernarks, which are as followse Smith, of Carroll, Smith, of Dorchester, Smith, Mr. BRiscoE said: I move to insert after of Worcester, Sneary, Stirling, Stockbridge,the word "times," the words "in the mode Sykes, Todd, Turner, Valliant, Wickard, Wil- prescribed in this Constitution." This will mer, Wooden —81. make it conform to the article in the bill of The proceedings of yesterday were read and rights as it now stands in the Constitution. approved. I do not know that it is necessary for me to On motion of Mr. WOODEN, go into an argument or to give the reasons It was ordered to be entered on the journal, gohy I am disposed to adhere to that article of that Dr. John Swope, of (Carroll county, is the bill of rights as it now exists. The reaabsent from his seat on account of illness in sons for it will present themselves to gentlemen his fdmiljy. on all sides. The construction of this article On motion of Mr. TODD, gave rise to considerable discussion at the Collins Tatman (folder) was allowed leave time the Legislature wais in the act of proof absence for a fow days. viding for the call of this Convention. I beOn motion of Mr. AuDoUN, lieve it has been conceded when any action Itwas ordered to be entered on the journal, shall be taken to modify or chanue the orthat if iMr. Audoun had been present on ganic law of the State, it should be preceded Thursday, June 16, he would have voted by some legislative action directing the mode against all amendments that were offered to and manner in which a Convention shall asthe fourth article of the Declarationof Rights, semble. The precedents for it are uniform. 436 In every State of the Union, almost without start out with laying down an abstract truth exception, legislative authority has indicated as to this State and other governments, we and directed the call of sovereign Conven- might go into an argument upon that. It tions. It has been contended by some gen- is held by some that it is impossible for a tlemen that without resort to legislative sanc- sovereign power to limit itself. According tion, indeed in violation of it, that it is to the conception I have formed of the princompetent for the people of this or any other ciples of political government in this country, State, at any time they may choose, without I hold that it is competent for a sovereignty the intervention of legislative authority, to to limit itself as to the mode it shall do cerassemble in primary assemblies and call a tain acts or modify its form of government, Convention, and alter or reform their form of It may raise that question. I undertake to government. say that the people do limit their governMy whole object in offering this amendment ment, indeed they often limit their own powis that this idea should not be encouraged or ers. They secure themselves against sudden construed to carry the principle to that extent. changes by mere majorities. Holding that The framers of the present Constitution of the theory, it is perfectly consistent that this arState, in order to avoid all misconception ticle should remain in the bill of rights as it upon that point, incorporated this article as now stands. When the people undertake to proposed to be amended. I remember very act through their representatives under an well that in the argument made by OMr. Web- organized government, it is only competent ster in the Rhode Island case, he maintained under that government to exercise such powthe necessity of this proceeding, and demon- ers as are recognized in their Constitution, strated that no Constitution had ever been al- and I want it clearly set forth that when tered in this country by means of a Conven- they shall have adopted this Constitution, tion gotten up by mass meetings. it shall be incompetent to go behind it That such was an aulhentic or legal mode or above it except by resorting to forciof ascertaining the public will was discarded. ble and not peaceable revolution. I wish A difficulty had arisen in that case in this to say to the generation that shall come way: The people of Rhode Island had been after us, and in all time to come, that if they living under their old chartered government shall by any action of theirs modify this form of Charles II, and the forms of their charter of government otherwise than herein dedid not provide any mode for calling a Con- signated; itshall be held to be illegal and a revention to reform or alter their government. sort to the overthrow of the rules of wellThe people assembled in mass meetings, with- established government in this country. Such out legislative direction, and called a Con- is not the kind of revolution or change of vention. This case is familiar to the members government ordinarily practiced heretofore of the profession, and there arose a collision by the States of this Union. In that view, I between adherents of the old and friends of see no inconsistency in pressing this amenda newly-established government. In order ment. to avoid all doubt as to our action in the fa- PERSONAL EXPLANATION. ture in this State, I have offered this amend- ABBOTT ment. I should have preferred that some ques ABBOTT f Baltimore citvileg rose to a member of the committee should have moved question of privilege, and said: to incorporate this provision in the bill of lMr. President, I ask the indulgence of this rights, but as they have not I make the mo-ments in tion. I know very well that when the Leg- reply to the, I think unlled-orattackade islature of this State had under consideration upon me by the member fiom Prince George's the call of this Convention, I took the ground county, (Mr. Berry,) in his labored harangue then that it was not competent to make the of Wednesday. I will say before I commence call but by a strict adherence to the provis- tha do not intend any injury to anrt one. ions of the Constitution designating the mode Although I may perhaps allude to particular of change. It was, however, contended thatatns, I will say beforehand that it is not intended for special or personal injury. He notwithstanding any restrictions whatsoever, intended for special or personal injury. He that it was at a ties the attempted to be both witty and wise in regard to call a Convenltion, pr ovided the majoriht to everything except myself, and he asked me, to call a Convention, provided the majority should think the public welare anot in language of his own, but in a quotashould think the public welfare and the gen- n to IIGo to nature eral good required. I desire to avoid these tion from Moore, I believe, to Go to ature conclusions in the future and avoid the same and ask her what she made ne for." I now Inlso t fue n h n come back and tell him, sir, that I have contime not depart from the article adopted by come back and tell him, sir, that I have conthe framers of the present form of our organicultedher. Sheis mybestfriend-mymother It~f'"mers oP the present folaw.rm oi organic she has never deceived me; her rules, her preIn reply to Mr. Stockbridge- cepts and her laws, are all written out by her Mr. BRISCOE. It occurs then to me that the great author, God. She told me, sir, in the language of Pope — phraseology adopted in the bill of rights as it language of Popenow stands, is obnoxious to the same con- "A wit's a feather, a chief a rod, struction. If the gentleman undertakes to An honest man the noblest work of God." She told me that she made me for the lat- they would be understood by all sensible men ter, and all my life long no one of that class to be nothing but playful allusions. Th e of men has failed to see in my acts that I was gentleman from Baltimore city (Mr. Abbott) answering her purpose, or had asked such a seems to have become offended at some of m y foolish question as that asked by the member remarks. from Prince George's. She further told me Mr. ABBOTT. Not at all; I beg pardon. to beware of men wise in their own conceit, Mr. BERRY, continuing. He seems to have and that Solomon says there was more hope become offended, and his ire has been so much for a fool than for him; that I could always stirred up against me that he proposes to make know them by their efforts to cry down their himself the Solomon to teach me wisdom. superiors; they would preach State-rightism, Now, let me tell him that with all his accuand they would be most ungrateful to those mulated wisdom, his conclusions are as fals e on whom they were most dependent. as hell itself, and many of his references to me He charges mne with having an. unyielding and my constituency are just as false., He will of my own, and determined to have all supposed that I desired to be a wit; and he things my own way. Sir, he never made a became very familiar with Pope in his carrigreater mistake. I have no will of my own cature of witticism. Letme tell thegentleman in the matters before this Convention, except I am not like him, I never aspire to be anythat of an humble individual; but itis the thing but what I am; and what I am I dare will and bidding of my constituents; They to be in the presence of that gentleman or anyhave sent me here to do certain work for them. body else. He speaks of my representing a It is a work that they have fully considered county where the principal portion of the and discussed for the last three years. They population are negro slaves. They were nehave made up their minds what they deter- gro slaves. That was the fact at the time mined to have done, and have sent me here that census was taken; and it would be so with positive orders to do it, and I will obey. now if it had not been for the roguery that He claims to be my peer. He may be so has been practiced upon us by the party with legally, but in fact, I deny it. My colleagues which the gentleman is connected. and myself are here each representing nearly The gentleman also spoke of the doubtful 18,000 white inhabitants of this State, while loyalty of the people of my county. Let me he and his colleagues represent less than 2,500 tell the gentleman that he does not know the each, and many of them of doubtful loyalty. people of my county; and he studies human He my peer? No, sir! nature very little to form the conclusions he His taunt upon the State that gave me birth, has as to himself. He knows as little about (Massachusetts,) was so fully answered by the my county as he does about human nature. I honorable gentleman from Cecil, ( \ir. Scott, ) tell him that if he or any other man says that that I will leave it with him and his own con- secession prevails in my county, his concluscience to settle. sions are false; and I am here to defend that Now, sir, I would have gladly left him here county against all such aspersions. had he not attacked my private character by I want the gentleman now to understand, calling me a " Mormon." That to me is the now and for all time to come, that if I purmost detestable of all names, always excepting posed offending any gentleman, which I do that of traitor. It is, in fact, calling me a not purpose ever to do, unless it becomes netraitor to my family. With me, sir, my God cessary and is forced upon me, I will show is first, my country next, and then my family. him in terms so unmistakable my intention I am no traitor to either. Can the membeir that he need not go very far to interpret from Prince George's sayas much? The last them. census returns tell us that the community I will leave the gentleman, folded in the in which he lives, the constituency which he arms of wisdom, the Solomon of this Conrepresents here, are largely more than one- vention. Let himn look to Baltimore city, half' African slaves, held in bondage to the where I think he will find about as many yelfew white ones, and by them denied the mar- low skins as he finds at any other place. I do riage or family rights that are enjoyed by a not think he will find as many in Prince free people; and. sir, how far liormonism is George's county. I do not. know how near practiced by him and his constituents I leave the location of the gentleman he may find a their yellow skins to answer. Mother Nature great number. Their paternity I do not mean told me she had written it there, and I tell to attribute to him. him to go and read for himself. I want the gentleman to understand me and Mr. BERRY, of Prince George's. In the re- my position here. I would like to ask the marks I submitted a few days ago, I expressly gentleman under what obligations I am to stated to this Convention at the outset, that him. He speaks as if he had the direction of any personal allusions I might make to any my life; as if he could control me, imprison gentleman upon the floor were not intenided me, enslave me, while I was un'grateful for as personal. I thought it was understood on the courtesies extended to me. I ask no favors all sides that all the personal allusions I made at his hands, or at the hands of any other on that occasion were entirely playful; and man. I dare do anything that doth become 35 538 a man; and when I do it I take the responsi- The PRESIDENT. The whole debate, combility of my own actions without regard to mencing writh the remarks of the gentleman the gentleman or his conclusions. I leave from Baltimore city? the gentleman then with all his accumulated Mr. ABBOTT. Leaving upon the record the wisdom, and I bid him study Solomon a little previous remarks referring to me? I hope not. more deeply before he brings it again into this Mr. HATCH I should object to that. I Convention. hope this will all be entered upon the journal Mr. ABBOTT. Mr. President of debates. The PRisIDENr'. The Chair will not per- The PRESIDnENT. The Chair has no discremit this debate any further. The Chair is ad- tion but to put the motion as it is submitted. monished by this occurrence of the necessity Does the motion of the gentleman embrace of requiring gentlemen strictly to observe the that portion ot the remarks before made by parliamentary rule. the gentleman from Prince George's (Mr. Mr. BRISCOE. I desire to suggest that this Berry) to which exception is taken? debate- Mr. BERRY, of Prince George's. I stated, The PRESIDENT. Not another solitary word sir, at the time, that I did not intend to offend will the Chair permit on this subject. Each the gentleman. lie has made an attack upon gentleman has had a fair opportunity to be me this morning. I deny that I have ever heard; and if this personal debate is allowed made an attack upon him. I do not mean to proceed further, it is impossible to foresee that myremarks shall be suppressed. I have to what it may lead. When a gentleman already stated my position before this Conthinks his private character has been assailed, vention, and I hope this Convention will let the Chair will give him a fair opportunity to me as a member of this body exercise that be heard within the limits of parliamentary right in that respect which is due to every debate; and will permit the gentleman to member here. We have a stenographer to whom he refers to explain. Beyond that he report whatever transpires by way of debate; will not permit any discussion. If the Con- and I say that as a humble member of this vention otherwise direct, the Chair will per- body I have a right if I think proper to have mit the discussion to continue; but in the ab- published such remarks at all times as I may sence of such instructions, being the conser- submit to this Convention. I hope, therefore7 vator of the peace and of the rights and honor that this right may not be curtailed by any of every memnber, to a certain extent, he re- vote of the Convention. gards it as his duty to interpose at this junc- Mr. JONES, of Somerset. If there is any ture. objection upon the part of the gentleman, I;lr. JONES, of Somerset. It is very far from withdraw the motion. my purpose to take any part in this debate, Mr. BILLINGSLEY asked and obtained leave but I wish to say a word or two by way of of absence. restoring, 1 trust, the proper relations be- DECLARATION OF RIGHTS-ABOLITION OF SLAVERY. tween ail parties in this house, in requesting The Convention proceeded to the considerathe parties immediately concerned that such tion of the order of the day, being the second an arrangement may be made that no part of' reading of the Declaration of tights. The this debate may appear upon our record. I next article fbr consideration was the followthink in after time gentlemen will regret that ing, which was read: such a record should be left. If the gentle- Art. 23. " Hereafter, in this State, there man from Baltimore city takes serious excep- shall be neither slavery nor involuntary sertion to the playful allusions to him made by vitude, except in punishment of crime, the gentleman from PIrince George's in his whereof the party shall have been duly conformer speech, I trust that the gentleman victed; and all persons held to service or lafrom Prince George's will consent that that bor, as slaves, are hereby declared fiee." portion of his remarks may be suppressed, and Mr. VALLIANT. There may be some improthat this whole matter may be withdrawn. priety in my opening the debate, inasmuch as Mr. BR1SCOn. I second that. It was what I am a member of the majority and coincide I intended to suggest. in opinion with tile committee who reported Mr. JONES, of o0nierset. I am very certain this article. I should not have attempted to from my knowledge of the kindly feelings of secure the floor this morning, had it not been the gentleman from Prince George's (.Mr. for the single consideration that my health for Berry,) I understood that the allusions he the last five or six days has beconie very much made were playful, he having disclaimed any impaired, and I feel the necessity of absenting personality, and 1 supposed they would be myself fiom this convention for a few days taken to be mere badinage- for the purpose of placing myself under mnediThe PRESIDI.NT. The gentleman cannot cal treatment. I therefore desire to say what proceed. It is for the determination of the I have to say now, that it may not be necesConvention whether this discussion shall be sary for me to remain here to submit my omitted from the debates. views at any time hereafter. Mr. JoNEs; of Somerset, moved that this de- When I left my quiet little home on the bate be omitted from the record of the debates. banks of Miles river for the purpose of ameet 539 ing the representatives of the people of Mary- ganic, common, and statute-learned in mtoland, in Convention assembled at the capital rals, physics, and metaphysics, and deeply of the State, here to reorganize the State versed in historical lore-gentlemen of politgovernment, nothing could have been more ical renown, whose names are well known foreign to my mind than an intention to par- throughout the State, and even beyond the ticipate in any of the debates of this body. I limits of the State,-gentlemen distinguished knew that here I was to meet men of age and for their abilities as lawyers and statesmen, experience —men of great strength of'mind and whose training has been first in colleges of most extensive intelligence-in whose wis- perhaps the highest repute; then in the vadom, learning, and patriotism the people of rious courts of the State where they have the State have all confidence. At the same long since become accustomed to public distime I was not forgetful of my own want of all putations in the presence and hearing of the prerequisites necessary to successfully de- learned courts. These gentlemen have also fend and support, otherwise than by my votes, long since habituated themselves to making those great propositions which have been popular harangues on the public stump to made by the Union men of Maryland; for the the multitude, and, above all, are perfectly adoption of which this Convention has been familiar with the transaction of business by called, for the perpetuity of the Union and large deliberative bodies. But now, sir, you.for the good of our State. I therefore sup- are to listen to views expressed by a plain, posed that my voice would never be heard unvarnished, unsophisticated farmer, whose during the deliberations of this body, except highest aspirations have ever been the growth on the call of the roll for the yeas and nays, of good crops and raising fait cattle, to obtain or on a motion for the previous question; and remunerative prices for the same, and the it has only been within the last day or two maintenance of a good character. From the that I have determined to throw aside the privacy and seclusion, the quiet and retiremodesty which with me is sometimes a weak- ment of the neighborhood of a small village, ness or a dead weight and very oppressive, far removed from the din and bustle of a and for a very brief space of time summoning large commercial metropolis-far removed to my aid all the fortitude of my nature, from the strife of party, party faction, and trespass upon the time, attention, and pa- political intrigue-and with all his want of tience of this Convention with some expres. the erudition and experience necessary for an sion of my views upon a question in which I accomplished statesman, he has been called feel a very deep interest, and on the proper by the people of his county to assist in the solution of which depends, in a very large highest council of the State-to assist in the measure, the future prosperity of the State formation of a new organic law for the peoThough having thus determined, I am not ple of the State, and now he is here and acforgetful of my inability to deal with the sub- tually occupying the floor of this Convention ject now under consideration with either jus- in response to that call. As I have not asked tice to the subject or satisfaction to myself; for the distinguished honor which my people yet I desire to place myself on the record that have seen fit to confer upon me, they alone my children may know after the Almighty must be held responsible for any lack of God shall have removed their father from the ability on my part to perform the duties stage of life, and that the descendants of my which they have seen fit to impose upon me. family and their collateral relations may The subject now occupying the attention of know, and above all, that the people of my this body is of the gravest character. and is county may know, what considerations have entitled to, and I doubt not has already reinduced me to take a stand in favor of uni- ceived at the hands of every gentleman entiversal freedom. and in opposition to tyranny, tied to a seat on this floor, the most careful despotism, and misrule, in whatever shape it and serious consideration, and before the may be found, whether in the general admin- final vote on the adoption or rejection of this istration of government or in the institutions article is taken, (which vote must be taken of societies. And here, in the conclusion of by the people at the public ballot box,) the this first part of my introductory remarks, I voters of the State are entitled to all the light must say that during the whole of the time which finite wisdom can throw on the subthat I shall occupy in addressing the Presi. ject. dent of this body, I shall be unable to erase Inasmuch as the institution of negro slathe conviction from my own mind, however' very has been propagated and strengthened erroneous that conviction may be, that in in this State, and in other Southern States, availing myself of the opportunity to give by popular prejudices-prejudices created by expression to my views on the momentous personal rather than public interests, it besubject now under consideration, I am avail- comes necessary, even painfully so, to deal ing myself of the courtesy of the Convention with the subject with ungloved hands. To rather than of a right belonging to me as a attack this ebony idol, before which the peo-. member of the Convention. ple of the South have for many decades bowed Mr. President, you have listened to the in humble submission, and to whose fiats the views of gentlemen learned in the law-or- people of the North have long been accus-.. 540 tomed to yield prompt and even cheerful obe- them, either of omission or commission-as we dience, is to assail the deeply.-rooted preju- hope for an unmixed and never-ending hapdices of the people; and as its defenders pro- piness after we shall have put aside these mnortect themselves by seeking refuge behind the tal bodies —are bound, by every feeling of bulwarks of popular prejudices, the attack humanity, every sentiment of philanthropy, must be prompt and vigorous. The institu- every sense of justice and every principle of tion has many years since taken deep root in right, to demolish the institution, and to do the affections of thepeople, and if it now appears so at as early a date as may be practicable. to be an evil, and if it becomes necessary to Some of the best men who have ever lived eradicate it, it will be necessary to strike at in modern ages, or in even more remote pethe root of the evil. It will be of little avail riods of the world's history-some of the to cut down the old Upas tree, around the ablest philosophers and most learned divines stump of which may spring up a thousand — some of whom were personally interested shoots more hurtful to the health of the body in the institution and others of whom were politic, more mischievous, more insalubrious, not-have believed, and many now living, bemore destructive of human progress and hu- lieve that slavery is a moral evil; and I reman, happiness, emitting a more noisome ef- gard their opinions as being entitled to great fiuvia, a more poisonous miasma, and be- weight and the most respectful consideration. coming a more noxious pestilence, than any It is therefore perfectly proper, and right, and which the people of our State,. and indeed competent for this Convention to make inthe people of our whole country, have ever quiry into this branch of the subject; and as yet been afflicted with. No, sir, it is my this Convention is composed of Christian humble judgment that the tree should be men, I deem it their duty to make the moraltaken up by its roots, and we ought not to ity of slavery the subject of their first and allow any time for the growth of offshoots; most scrutinous inquiry. and after pulling it up by the roots from the The friends of slavery argue that slavery ground which it has so long cursed, it may must be right, because it was an established be well to sever the limbs from the body and institution in the days of Abraham, and that the body from the roots, and make a bonfire Abraham himself was a slaveholder; and of the whole thing. Then let gentlemen not t urthermore; that inasmuch as Abraham was hesitate to strike at the very root of this immediately taught the moral law by his time-honored but accursed evil. Almighty Maker, the great law giver of the It is a question not yet solved to the entire universe, slavery must necessarily be of divine satisfaction of some individuals as to what origin. They furthermore argue that inasmay be the root of this evil. Some think, inuch as slavery was a political institution and perhaps correctly, that persoiatl interest, among the Jews, and regulated by the law of though antagonistic to public interest, is the Moses, as handed down to him directly frdom correct answer to the query. Others think Heaven itself, it has the sanction of Heaven that it is a firm and even honest conviction for its continuance. They further argue that on the part of the friends of the institution, as the Saviour of the world was not an abothat the institution is of divine origin, and litionist, and did not say directly that slavery has long centuries ago received the indorse- was morally wrong, and because his great ment and sanction of high Heaven itself and apostle, Paul, on one occasion addressed himis in perfect agreement with the will of self to slaves, and directed them to "obey Almighty God and the teachings of Jesus your masters in all things," &c., therefore Christ and his Apostles. Whichever solution slavery is morally right, is of divine origin, of the query as to what may be the root of and ought to be perpetuated and extended. the evil is correct, certain it is that to attack Upon these three propositions is based all the the morality of slavery is to touch the tender- argument in favor of the morality, and inest sensibilities of those who are friendly deed the divinity of slavery. I will proceed either to its extension or simply its perpetuity to examine these propositions in detail. in those districts or States where it' h'as or First, then, as to Abrahamic slavery, if I may clairn an existence. may be allowed to call it such. I am of the opinion that if it shall appear Now, sir, I undertake to say that Abraham that:slavery is a moral evil-that it is con- was not a slaveholder, but little, if any'thing, trary to the letter or only the spirit of the more or less than the chief of a tribe. He was;teachings of the moral law-whether it be a the master of his tribe as the Emperor of the!public benefit or a public evil-we, as a Chris- French is the master of the French people; tian people, as a Bible-reading and Bible-be- as Victoria is the mistress of. Great Britain; li.eving people, are bound, as we expect to and as the President of the United States is meet the negro at the bar of Heaven's high master of the great American nation. Abracourt-as we hope to be saved fiom the pains ham was but the chief magistrate of his tribe, and penalties beyond the portals of death, possessed of powers not without limitation, consequent upon a failure on the part of men and was the chief of his tribe, very likely by in the performance of duties which they know the consent of a large number of his people, and understand to be duties imposed upon and onlyjfor the good of his 2eople-notfor his 541 own profit and behoof. True, he may have properly administer the affairs f his own possessed himself of servants without first little tribe or nation. asking the consent of the servants; and he In the Southern States of America, the remay have often done. this for his own benefit. verse of a11 this is true. In the first place, But the moral law did not permit him to do the marital relations are not properly rethis for his own benefit, but exclusively for the garded, and as a general thing the matter of benefit of the parties whom he may have the propagation of the race of negroes in actaken into his service. In this respect the cordance with themoral law, is with the masAbrahamic or patriarchal system' of servi- ter a secondary consideration. He desires tude was very unlike' the involuntary servi- that his family of servants should be intude in the southern part of the:United States creased, and is not much troubled' as to of America, where the negro has been brought whether the increase be in strict accordance by the hand of violence, and sold in a slave with the moral law or not. The profit arismarket without his consent with no view' to ing from the increase is the same, and he is the benrft of the slave himself, the aggran- satisfied. It is notoriously true, and painful dizement of the master being the only consid to contemplate, that of all the most degraded eration which deprived the negro of the wild nations on the face of God's earth, there is freedom of Africa, and reduced him to the not to be found a people who of themselrvs condition of'an absolute slave-a chattel per- are so utterly regardless of the marital oblisonal-in Georgia. The servants of Abra- gations as the negroes of the South. The ham were but his subjects, and were only same cannot be said of the wild savage of slaves so far as a despotic government can America, the Hottentot of Africa the wild render those who acknowledge allegiance to man of Australia, or the rover of Arabia or that government, slaves. The then condition Tartary. The Southern master'is under the of things demanded that the government most sacred obligations, under the moral law, should be despotic.. It was necessary for the to diligently cultivate the' morals of his sergood of the whole that all the prerogatives of vant; yet it is notoriously true that he looks government should be vested in one man- to their morals only so far as his own' interest that the administration of goverment should may demand it. The slaves of the South, it be controlled by one hand, directed by giant must be confessed, are not habitual drunkstrength, a strong wilt and a powerful ards, but the reason for this is apparent. As mind. drunkards they are not and cannot be profitAnother very observable difference between'able servan ts. But if intoxicating beverages the patriarchal system of servitude and the: were more easily and cheaply obtained, and involuntary servitude of the South, is that drunkentess did not diminish the value of the members of the tribe of Abraham enjoyed the labor of the slave, however much it might personal, if not political, liberty. Under the have the effect to demoralize him, the sobriety regime of the former, the subject had a power of the slave would be to the master a matter over himself-over his own actions and des- of minor mom ent. To the. credit of Southera tiny. The relation which he held to his mas-'masters be it said, however,. that there are ter, or rather his sovereign, was that of a many noble exceptions to this rule-but unhired, rather than a bond, servant. The mari- foitunafely these are only exceptions. tat obligations were respected, and every do- The slave of the Southern master enjoys no mestic relation was duly regarded. In no liberty, either personal or political. lie is in case when a servant was bought or sold, was many, if not all respects, a mere chattel-if he separated fiom his wife or child, or when not legally so. However much in violation of so separated, always in violation of the moral both the letter and spirit of the moral law, he law which was intended to regulate slavery is by custom and common usage, little if at as well as every other relation or system, all elevated above the condition of a beast. either political, commercial, social or domes- Like beasts of burden, he is raised for the extic,. In no case were slaves regarded as chat- clusive use and behoof of the master-to be tels personal-in no case were they raised for torn away, if the necessities or interest of the the public market, and whenever purchased master require it, from every thing he holds they became members of the master's house- dear in this life-from the home of his childhold, and were governed by the master as hood-from father, mother, wife children, the sovereign rather than as their owner. friends and acquaintances-from his native The moral law justified this because the weak- hills-from the purling brooks and rippling ness of the servant and the strength of the streams where in his early boyhood he was master made it necessary and expedient for wont to bathe in wild, unrestrained playfulthe good of all, that the servant should be ness, and carried to the slave market without under the guardianship, governance and pro- a single fault to justify it, and be mercilessly tection-mark the word-protection of the sold to strangers. master. The servant knew no other law- With all these, and many other and equally than the will of the master, and the master striking differences between the Abrahamic knew no superior, and was under no obliga- or patriarchal system of servitude and the tions save to govern his own people well-to condition of slavery in the South, how can 542 gentlemen justify the latter by instancing the let her be redeemed: to sell her unto a strange former? nation he shall have no power, seeing he hath Before leaving this part of the inquiry which dealt deceitfully with her. 1 ani now making in regard to the morality " 9. And if he hath betrothed her unto his of American slavery, I would, if I could, im- son, he shall deal with her after the manner press upon the minds of gentlemen this im- of daughters. portant consideration, to which I have al- "10. If he take him another wife; her ready adverted, viz: that the patriarchal sys- food, her raiment, and her duty of marriaoe, temn was not a system of absolute slavery- shall he not diminish. that the servant was not in the strictest sense "I11. And if he do not these three unto of the term a personal chattel, and ihat the her, then shall she go out fiee without system, whatever it may have been, was ab- money." solutely necessary for the good of the whole Now, sir, can any gentlemen perceive in people, and for that reason alone was jus- these texts anything to establish the truth of tified, or rather tolerated by the moral law. the proposition that slavery is of divine oriBut the institution of slavery, as it exists gin. If any gentleman thinks he can, I have in the- American States, is not necessary to say that he perceives it by a disorganized to the good of any party, either the negro action of his intellect; for this language does or the white man, and is only suffered for not even intimate any stich thing. When the benefit of the few, and this sufferance Moses wrote the law by which the Jews were is at the expense of the many. So far from to be governed till the coming of Shiloh, he being beneficial, it is a curse to all sides, found slavery already an established institu(as I shall endeavor to make appear be- tion among the nations of the earth and even fore I sit down,) and therefore contrary to among the Jews themlselves. At that remote both the spirit and the letter of the moral period of the world's history something like law, which I shall also make more fully ap- slavery, as I have already remarked, seemed pear before I have done with the subject. to be necessary, and the law of Moses was inNow, sir, a word in reference to the insti- tended not to establish as an institution altution of slavery as it existed under the Mo- ready established, but to mitigate its horrors saic dispensation. and cruelties; and if you will examine the If gentlemen will take the pains to examine law which I have just read in your hearthe difference between tihe servitude regulated ing, itwill be easy to perceive that the effect by the Levitical law and the absolute slavery of it was to abolish slavery rather than to as it has heretofore and even now exists in perpetuate it. "' If a man buy a Hebrew serthe Southern States of America, they will vant, six years shall he serve: and in the sevfind the difference as marked as the difference enth he shall go out free for nothing." The between the latter and the patriarchal system servant was to serve till the beginning of the of servitude, and perhaps even more so. And\ sabbatical year and no longer; so that if the here I will read from the twenty-first chqapter service began but one year before the sabbatof Exodus, verse 2 to 11, inclusive, on which ical year the service was to continue but one is founded the great bulk of the argument in year, after the expiration of which the man favor of the morality of slavery and of the was in all respects fiee. proposition that slavery is of divine origin: Now, sir, it must be remembered that a, "2. If thou buy an Hebrew servant, six Hebrew could never be a slave for life to a years he shall serve: and in the seventh he Hebrew, except he made himself such by his shall go out free for nothing. own volunta. ry act, anlld even in that case his: 3. If he come in by himself, he shall go children could not be born slaves. It must out by himself: if he were married, then his also be1 remembered that v wheneve! a THebrew wife shall go out with him. became a slave it was because of an indebted" 4. If his master have given him a wife, ness which he rwas too poor to liquidate in and she have borne him sons or daugh- any other way than by placing his services at ters; the wife and her children shall be her the disposal of his creditor, *and in that case niaster's, and he shall go out by himself. his servitude could be of no lonuger duration' 5. And if the servant shall plainly say, than six years, and in most cases a mluch I love my. master, my wife, and mny children; shorter period of time was necessary; after I will not go out friee: which the debt was paid and the man became "6. Then his master shall bring him unto free to all intents anld purposes If gentlethe judges: he sh:ll also bring him to the men xwill please beear these fatcts in imind, I door, or unto the door-post: and his master wvill call their attention to the fact that any shall bore his ear through with an awl; and Catlaanitish slave might becomne a Hebrew he shall serve him forever. by subscribing to the Abrahanmic covenant. " 7. And if a rna sell his daughter to be a Mlany Gentiles did become lHebrew-s by the maid-servant, she shall not go out as the men rite of circumcision, and thus they necessarily servants do. became free under the Jewish laxw, and thus " 8. If she please not her master, who too the effect of the law, as I have already hath betrothed her to himself, then shall he observed, taken as a whole, was to abolish 543 slavery. The doors of the Abralamic cove- Sometimes the judicial law would come in nant were thrown wide open to all the world, conflict with a strict interpretation of the and if all the world had availed themselves moral law; and this occurs even at the preof this opportunity to become " my servants," sent day, as with a single illustration I can "my people," Hebrews, and therefore the make appear. The moral law says, "thou chosen people of God, the continuance of sla- shalt not steal,"-this means not only that very in the world would have become practi- it is wrong to rob a bank or purloin a tencally impossible. Then, sir, I repeat that the penny nail, but it means also that we shall in effect of the law was to abolish rather than to all thinxs deal honestly with our fellows, and extend or perpetuate slavery. never take anything from our neighbor withHow unlike the slave code of Maryland as out rendering unto him a fill equivalent it existed twelve months ago, which took therefor; yet under the sanction of the judiaway from the master all power to liberate cial law at the present day, a sheriff may colhis slave. And yet men of learning have the lect fees from a party on whom he is serving audacity to compare American with Hebrew a writ of fieri facias, without returning to slavery, and by instancing the latter they that party any equivalent. Here the judicial w(,uld pronounce the former a divine institu- law of our State comes in conflict with the tion, which of right ought to be perpetuated; moral law without sin, though a party rewhen at the same time they must know that ceives injury thereby, because the conflict to in the one case the servant enjoyed personal all human apprehension is absolutely necesliberty and in the other he did not, and the sary. But, sir, whenever this conflict can effect of one slave code was to abolish slavery be avoided it ought to be avoided, for not to and of the other to perpetuate it through all do so is to be guilty of a violation of God's time. will, which all legislatures of christians proMr. President, before I leave this part of fess to try to avoid. my subject, I desire to thro-v out another con- At the time of the enactment of the law of sideration which I think is worthy of the at- Moses, slavery was almost universal in the tention of the Convention. The decalogue is world. It was an established institution the whole sum and substance of the moral everywhere, and if the wisdom of Almighty law by which the Jews were to be governed. God deemed it better to regulate and abolish They had also their ceremonial law, and the by a slow process this institution, rather than law which I have just read is a part of what to abolish it at that time by the hand of vioI think may be termed their judicial law. lence, and at a single blow, does it follow of Now, sir, though it be true that it was the necessity that there is no evil in it, and that same great Law Giver who enacted for we ought not to abolish it? The necessity the governance of the Jews both the for the conflict between the moral and judimoral and the judicial law, yet infinite cial law at that timeis apparent, but as there wisdom saw it to be necessary that these is no such necessity at the present day that two codes should coincide only so far as enjoins upon us the continuance of slavery; to be conducive to the great ends in view, as any sort of slavery in the United States and that as they were intended for very dis- has long since been unnecessary for the haptinct purposes, they must of necessity in many piness of the slave or indeed his master, I things vary. The moral law was perfectly think I shall be able to show that it need not good, and, to use the language of a great be continued, and that the further continucommentator, " conmmanded everything spir- ance of it is a moral evil, and for that reason, itually good in its utmost perfection, and if for no other, it ought to be abolished. tolerated nothing wrong in the smallest de- Sir, I think our reason is at fault when we gree;" but, sir, the sentence of this law was attempt to justify slavery, because in the laws to be passed only at the court of high Heaven, of the Jews there was a provision for the where kings and subjects, masters and slaves, regulation of it, for the control of it, for the rich men and beggars are together to be tried removal of many of the evil consequences in a body, and where there can be no ine- likely to grow out of it, and for the gradual quality that we know of, except in the moral abolition of it. A knowledge of the existence character of the parties to be tried. The sen- of such law ought rather to create in our tence of the judicial law, on the contrary, minds an aversion to the institution and a while at the same time it commanded nothing desire for its earliest practicable abolition. morally bad, and forbid nothing morally And inasmuch as the necessity for its existgood, was to be pronounced by a civil mag- ence in any form has, with the progress of istrate, and therefore did not insist on the civilization, been done away with, it necessasame perfection. It had respect to the condi- rily becomes a moral evil, and'the further tion of things as they existed at the time, continuuance of it a great social and political and supposed the existence of some evils or wrong. wrongs which could not be eradicated with- Now, I propose very briefly, to notice the out a miracle, and it only went so far as to last of the three propositions put forth by the provide against the worst effects of those evils friends of slavery in justification of the conor wrongs. i tinuance of that institution. The Saviour of 544 the world was not an abolitionist. He never tions of society. The spirit of the language forbid slavery directly, but on the contrary, which I have just quoted, viz: " Do unto his inspired Apostle writes to the Colossians, others as yon would that they should do unto 3d chapter, verse 22 to 24, inclusive, and says: you," is in opposition to slavery in any form, "'22. Servants, obey in all things your and is in opposition toall manner of cruelty, masters according to the flesh; not with eye- injustice, tyranny or oppression. service, as men-pleasures; but in singleness' Suppose the Apostles had attempted to of heart, fearing God: britng about any radical change in the politi-'23. And whatsoever yedo, do it heartily, cal condition of things as they found themas to the Lord and not unto men; with what, (I ask gentlemen to answer in their "24. Knowing that of the Lord ye shall replies,) with what favor would their doctrines receive the reward of the inheritance; for ye have been received by any of the people? serve the Lord Christ." The same, sir, as would have greeted the Now, sir, the answer to this is easy. It preaching of the abolition of slavery in the was not a part of the mission of Christ or of city of Charleston in 1861, and gentlemen any of his Apostles to interfere with the po- can easily imagine what sort of favor that litical institutions of' any country. He did would probably have been. Had the Aposnot say to the world that slavery ought to be ties told the people of Jerusalem, of Rome, of immediately abolished-indeed he did not say Corinth, of Ephesus and of Athens, that one that it ought to be abolished at all; but this leading condition of their entrance into the he did do. He gave to the world a principle Christian Church would be the immediate in miral ethics, which of itself did uproot the emancipation of their slaves, and a promise System of slavery as he found it among the to use their best endeav brs to bring about the Jews and the Romans, and has since abol- abolition of slavery in the whole length and ished villanage in England, serfdom in Russia, breadth of the great Roman Empire, even at negro slavery in many of the United States, the risk of exciting seditions among the peoand has dealt a death-blow to the peonage of ple and a civil war, and the destruction of Mexico. The Apostles did not attempt any that great government, which, with all its radical change in any of the systems of gov- imperfections extended protection to many erment which they found existing in our world millions, and the surest and best protection when they began to teach. On the contrary, that could then be had at the hands of any govthey taught us to'render unto CUesar the ernment-l say, sir, had they done this they things which are Caesar's," a command posi- would have been slain without a legal heartive in its tone; plain and easily to be un- ing, and would have most signally failed in derstood; yet a large portion of our people making a single convert to the great truths of seem little inclined to obey it. While at the Christianity. same time the Apostles attempted no radical True, the Apostles might have turned abochanges in the government of the Roman litionists or political reformers, and with the people, or of any other nation, they laid down help of a miracle could have succeeded-but a law in morals upon which all judicial or the time for miracles was just passing, and it profane law and even governments ought to be had never been the practice of the great Govbased. They did this when they taught us ernor of the world to work in the affairs of to love God with all our hearts-and more men by other than human agencies. This was especially did they do this when they said the rule, and when Moses smote the rock from "love thy neighbor as thyself, " and when which gushed pure&water for a people dying they reiterated the doctrine in these words- of thirst to drink, the order of nature was re-' do unto others as you would have others do versed, and the miracle was but an exception unto you." to the general practice. The history of the No, sir, the Apostles of Jesus Christ were world goes to show that all the great reforms notpolitical agitators, demagogues, reformers, in politics and religion which we are taught or revolutionists.; much less were they dis- to believe were effected by the Deity, were posed to turn rebels or traitors. Tlhey did wrought by the aid of human agencies, openot recommend any modification of the form rating on human passions, prejudices and of the government established by the first of the weaknesses. Caesars-they did not suggest any change in And again,' the Apostles were not abolithe Roman or Hebrew jurisprudence-nor sug- tionists." Why, sir, slavery is not the only gest any great mnilitary enterprise-they made thing which we think wrong in principle and no new discoveries in law, medicine, arts, practice, which the Apostles failed to attack sciences,-or government-their mission being directly. It was, during the Apostolic age, a to preach Christ and him crucified, and to in- common practice among different nations of doctrinate the world in morals; and in thus the earth for men to possess themselves of a teaching men what was right, they left it for I plurality of wives, yet in no instance did the statesmen, ii the providence of Almighty A~postles forbid this practice save ii the case God, to apply the principles contained in the of a bishop. This command occurs in the lessons taught by the Apostles, to the gov- second verse of the third chapter of Paul's ernment of nations and the general regula- first Epistle to Timothy. I will read it: 545 "A bishop then must be blameless, the hus- and entertaining this view, I have ever been band of (,ne wife, vigilant, sober, of good be- in favor of the inauguration of some scheme, havior, given to hospitality, apt to teach," &c. in this State, of emancipation, as a matter of Now, sir, when men argue. that because the public utility. I have ever believed that the Apostles failed to denounce slavery in express effect of slavery in our State has been to parterms therefore slavery is morally right, does alize the energies of the people; to prevent not Brigham Young, with equal propriety the education of the masses; -to prevent the argue that because they failed to prohibit a development of the resources of our State, for plurality of wives, therefore a plurality of both agricultural and manufacturing purwives is morally right? Certainly, sir.:But poses. Slavery has ever been an incubus no gentleman within the sound of my voice upon the general prosperity and progress of is willing to admit that Brigham Young's the State, and to-day we are, in all the essenreasoning is good, and I contend with even tials necessary to constitute a great State, far greater propriety that the analogous reason- behind many of our sister States. ing of the friends of slavery is not good. I apprehend that it is not essentially necesI think, sir, this reasoning shows conclu- sary, in order to make it appear how slavery sively why the Saviour of the world and his is the cause of the backwardness, the lethargy Apostles were not abolitionists, in the modern of the South, that I should enter into some acceptance of that term, and why they did metaphysical or cunningly-devised argument; not command their followers to turn aboli- that it is not necessary to make appear the tionists, and why they did not teach them effects of slavery on the mind of both the "that slavery in any form is wrong and master and the slave, and how these effects ought to be immediately abolished;" yet it become of themselves causes of the effects must not be forgotten that though the Apos- which we all deplore. Any stranger traveltles were not abolitionists, they did inculcate ling through our country can see the effects a principle, the effect of which among other of slavery, and know these to be the effects of things, was to uproot slavery in all parts of slavery, without the necessity of inquiring Europe where the Christian religion has be- into the process —the practical workings and come the predominating religion-it has al- operations of slavery by which these effects ready abolished slavery in the North, and it are brought about. A wayfaring man, must abolish it in the South. The effect in though a fool, cannot err; and he knows that our own State will be, that on or before the the reason why Maryland has not advanced 1st of January next, the last vestige of slavery as rapidly as her sister States north of Mason yet remaining in our State will be wiped out. and Dixon's-line, is because slavery is an inMaryland will be a fiee State and no longer stitution here, and is not in those States. A bound bv a most unwholesome interest to the brief comparison of a few of the Southern infamous rebellion which is now devastating with a few of the Northern States will be amsome of the fairest districts of our country, ply sufficient to show the baneful effects of wringing burning tears from the eyes of ten slavery in the South, and ought'to be suffithousand widows in a single day, and which cient to induce all Marylanders to give a has made desolate almost every hearthstone cheerful and hearty support to the cause of from Maine to the Capes of Florida, from the emancipation in our own State. Atlantic to the Rocky Mountains. By the First, compare Maryland with Massachuoperation of this old Apostolic principle, I setts. Maryland is, in the first place, a larger repeat, that with the close of the present year State than Massachusetts; her soil is far suslavery in Mlaryland which is already a dead perior in natural fertility, and almost every carcass, will have received a decent interment, acre of her territory is susceptible of cultivaand its friends may, if they choose, erect a tion and improvement. About one-third of handsome monument to its memory. Mary- the State of Massachusetts is not under cultiland will then assume a position among her vation, and never can be. She is very like a sister States which she has never occupied be- beggar out at his elbowg and knees. There fore; and, by being the first, since the begin- are high jagged rocks and deep indentures, ning of the rebellion, to declare the debt of with not a.square inch of soil on or in them. paramount allegiance which her citizens owe Large tracts of country are barren wastes and to the General Government, and the first to never can afford sustenance for even the birds declare that slavery shall be immediately of the air, the wild beasts of the forest, or the abolished-these being the declarations of a cattle of the field. majority of her people-her boldness-her Maryland has water resources for manufacpatriotism-her loyalty and her spirit of pro- turing purposes quite equal, if not superior, gress thus manifested will be the admiration to those of Massachusetts. She has extensive of her sister States and of the world. coal and copper mines, of which MassachuMr. President: I was an emancipationist setts is entirely destitute. Her climate is sulong before I was persuaded to believe that perior, being more salubrious and healthful. slavery in the South was a moral evil. I have Her summers are longer and not excessively never, at any period of my life, believed that hot; her winters are shorter and not excesit was morally wrong to emancipate a slave; sively cold; and our farmers may conduct 546 their agricultural operations in winter as cer- than the people of Maryland; more strenuous tainly, though not as profitably, as in sum- efforts have been made, and successfully made: mer. In addition to all this, our State has for the education of tle poor man's child. the advantage of the Chesapeake Bay, the Po- The morals of the people of that State are and tomac and other large rivers, which may be have been inll a better condition than the moused profitably for travelling and commercial rals of our people. To sum up-the people purposes. The Susquehanna river flows into of Massachusetts are wealthier, more active, the head of our great bay, and on its surf:ace more progressive, more intelligent, more moare borne all the wealth and products of Cen- ral, and in all essential particulars, a happier tral Pennsylvania. people than we are. [The hour having expired, the hammer fell.] Now, let us compare Kentucky with Ohio. Mr. PURN:LL. I move that the gentleman The former State is considerably older than be allowed to proceed for fifteen minutes. the latter. Hier climate and soil are vastly Mr. SCOTT. I do not wish to appear want- superior, and in no respect has Ohio any nating in courtesy to the gentleman; but I wish ural advantages over Kentucky; yet Ohio is to say that we passed an order limiting the so far in advance of Kentucky, that the debate to an hour. Immediately after the latter State could not. at her present rate of adoption of that rule, we commenced extend- progress, attain to that same degree of' prosing it, and having begun on the fourth arti- perity which the former State can boast of; in cle we could not well avoid doing so. But I the course of the next forty or fifty years. A rise to make my protest to extending the time man might travel blindfolded down the Ohio on this twenty-third article. I thinl the river, and having the bandage suddenly respeakers should be limited strictly by the moved from his eyes, without knowing rule. There will be a great many speeches whether the boat was going up or down the made; and if we go on extending the time river, he could tell at a glance which was the the debate will be almo t interminable. free State and which was the slave State. On Mr. PUGH. The reason why I shall vote the one side he would see immense tracts of for this motion is this: The gentleman from country called farms or plantations, with litTalbot county (Mir. Valliant) has not been tie shackly old tenements on them called one of those members who have occupied barns and residences. The residences are much tirae in the Convention; and I shall sometimes elegant, but the traveller will too certainly favor extending the time in this in- frequently see a very small farm house on a stance, while I shall oppose extending the very large farm, and the products of the farm time hereafter excepting under similar cir- may be contained in a very small tarn. On cunistances. The genuleman has not hereto- the other side of the river, the reverse of this fore expressed his views at length upon any is true. The products of small farms can only subject before us, and I think the Convention be contained in large barns. On the out: side, owe him this courtesy. the very aspect of the country indicates leMr. S-OTT. If the gentleman would modify thargy, the want of energy, and the presence of his motion, so as to allow the gentleman to poverty. On the other, the country is not put a speech, already prepared, upon the only most beautifully diversified with hill and printed debates, I should have no objection to dale, but with small tracts or farms in the it. highest state of agricultural improvement; The motion of: Mr. Purnell was agreed to. elegant country seats and villas; beautiful Mr. VALLIANT proceeded: and thriving towns and cities. Now, sir, with all these advantages of cli- Compare, sir, the South generally with the mate, soil, water resources for trade, travel- North generally, and you will discover even ling or manufacturing purposes, coal mines, greater disparities than those which I have copper mines, &c., &c., and though our State described as existing between the two free was settled about as early as Massachusetts and the two slave States which I have men — andunder auspices quite as favorable, we find tioned. The soil of Virginia is valued at $8 the State of Maryland supporting a popula- per acre-thatof the States further South at tion, in 1860, of only 515,918 whites, 83,942 a less figure. The soil of Rhode Island and free negroes and 87,189 slaves; total 687.049. Connecticut at from $60 to $100 per acre. Perhaps less than three-fourths of the same Smaller States in the North support a much territory in Ma\lssachusetts supports a popula- larger population than much larger States in tion of 1,221,464 whites and 9 602 free ne- the South. The people of the North are betgroes; total 1,231,066. In addition to this, ter educated. In Northern States are to be it is to be remembered that the wealth of found in larger number and better high Massachusetts is about two and a half times schools and colleges. Churches are more the wealth of our State, though in the aggre- numerous and better attended. The agriculgateof Maryland wealth in 1860 was included tural condition of the North is as far in adthe then estimated value of our negro slaves. vance of the South as the South is in advanc(e In addition to all this it must be remembered of the savage wilds of PIatagonia or Kalmskatthat the people of Massachusetts, either as a ka. The exports are vastly larger than those mass or otherwise, are far more intelligent of the South, notwithstanding in the North 547 there is a much larger consuming population. abolished. I contend that there is not a sinAnd so on, adinfinitum. gle slave in the State. Let us see if I am If I am an abolitionist, I am little if any- correct in saying there is not a single slave in thing more than were the immortal fathers of the State. If one of your servants saw fit to the republic. Washington and Adam3, Ran- approach you to-morrow morning and say: dolph and Jefferson, were all in sentiment in- " 1 intend to leave your service forever, and imical to slavery, and freely expressed opin- ere another day passes over my head I shall ions adverse to the continuance of the insti- be beyond the western hills to take up my resitution. I do not belie e that the opinions of dence with a strange people," you would not these great men can settle the question either think it vworth your while to take any steps one way or the other; but I regard, and I to prevent his absconding. Is he a slave who think every gentleman within the sound of can approach his master and use such lanmy voice regards their opinions as being en- guage as this with impunity? Certainly not. titled to great respect. I therefore refer to Then, sir, slavery is already destroyed in this them, and only refer to them so far as to read State, and really it is not the institution of two small extracts front the great, the im- slavery which we propose to do away with, mortal Father of his country. The first is but simply the status of slavery. All we from a letter to IMr. John F. Mercer, dated propose to do is to wipe off from our statute September, 1786, in which he says: books all recognition of the institution which "I never mean, unless some particular cir- has already ceased to exist. cumstances should compel me to it, to possess I submit to gentlemen thinking differently another slave by purchase. It being among from myself, if it is the fault of the State that my first wishes to see some plan adopted by the slaves have been emancipated in this State which slavery in this country may be abol- or in any of the States south of it. Did the ished by law." [Irving's Life of Washing- honest working men of this State have anyton, Vol. V, page 298.) thing to do with it? Did the people of the The second is from a letter written eleven State or any party in the State bring about years afterwards to his nephew, Lawrence this radical change? Had the Governor of the Lewis, dated August, 1297, in which he Stateany hand in it? or had any of the State says: authorities any hand in it?'AI wish from my soul that the Legislature Then, sir, I want to know, if neither the of this State could see the policy of a gradual State, nor any of the State authorities, nor abolition of slavery. It might prevent much the people, nor any considerable portion of future mischief." [Ibid, page 299.] the people had anything to do with the breakI offer these opinions for whatever they ing up of the institution in this State, upon may be worth, believing at the same time what principle of justice can gentlemen claim that we are more competent judges of the prac- a compensation at the hands of the State? tical workings and quite as competent judges Was it the fault, I again ask, of the honest, of the morality of slavery as even the great hard-fisted working men of the State, the Washington himself. small farmers of the State, the merchants of Mr. President, I am in favor of the earliest Baltimore, or the people of any of the Western practicable abolition of slavery in the State- counties? If not, then why should they be and of the adoption of the 23d article of the compelled to pay for it? Had the sudden Declaration of Rights as we have received it emancipation of the slaves been under their from the hands of the committee, without the control, you and I would still have, been annexation or interpolation of any amend- slaveholders; therefore, I am honestly of iment thereto or therein, for the two reasons the opinion that the State ought not to be which I have feebly attempted to elucidate. taxed for the destruction of property, for First, because I am persuaded to believe that which destruction it is not in the smallest deslavery, as it has heretofore existed in this gree to be hdld responsible. State, is not necessary to the happiness of But, suppose gentlemen see fit to contend anybody and especially the negro who has that slavery is not dead-that they are yet been the subject of slavery and inasmuch as slaveholders. For the argument's sake, I will it is not thus necessary, it is in violation of admit what they say to be true-then what? the spirit and even the letter of the moral Are they willing to take for their negroes a law. Secondly, because I think the future fair market price? Are they willing to take welfare of our State demands it. $20 for good men hands-$1i0 for women and Before closing, I wish to make a remark in $5 for children? No, no; they will want to relation to the matter of State compensation. be paid 4 to $500 for a servant which they This article fails to make any provision for could sell nowhere for the smallest amount I the compensation of those who may happen have named; and if they cannot get more to lose by the sudden abolition of slave- than that amount, any compensation would ry, and fails to empower the Legislature to not satisfy them. make any such provision, and very justly I amn willing to make another admission fails to do so. for the sake of' the argument. Suppose slaveAl!r. President, slavery has already been ry does exist intheState, and suppose further, 548 that good men hands'are worth all that the your leave, I will here take occasion to say government is offering to pay for them; even by way of finishing my confession of politiin that case I doubt the expediency of paying cal faith on the subject of emancipation, I for them by the State, and for this reason. think we have enough apprentice law already, Our western men have sustained very. heavy and am opposed to ally system of apprenticelosses by this war-losses amounting to many ship that would or could carrv with it a conmillions of dollars. These people will con- tinuance of slavery one hour beyond the 25th tend, and very justly, that their losses and the day of December next. But, at the same time. I losses of the slaveholder are in precisely the must say that I now see no reason why same predicament, viz: both are incidents to masters who may now claim to hold slaves the war, and therefore if the State cornpen- under the existing laws of our State, under sates for one, she is morally and religiously the ages of twenty-one and eighteen-males bound to compensate for the other. and females respectively-may not be perAnd further, if we undertake to compen- mitted to have said slaves bound to them sate the loyal slaveholder, we will soon have under the existing law of apprenticeship; and to compensate the disloyal also. It will be why they should not have some time allotted an easy matter for the disloyal a few years them for this purpose and the preference of hence to come forward and prove by testi- binding these negro children be given to mony, competent in law, that in 1864 they them. But. about this I am indifferent. were loyal men-were opposed to the rebel- One word more,'Mr. President, and my lion and never aided it by word or:deed. Mr. confession of political faith, so fiar as this inThomas P. Williams, of my county, who in stitution is concerned, will be completed. I the month of May, 1861, persuaded my boy- think that inasmuch as the General Governbrother, George Enos Valliant, then a boy ment has declared by joint resolution of Conbut 17 years old, to go down to Virginia and gress, approved April 10th, 1862, "That there defend his native South from the inroads the United States ought to co-operate with of northern Goths and Vandals, and offered any State which may adopt gradual abolishto pay the expenses of ten young men to go ment of slavery, giving to such State pecuniand do as he urged my brother to do, (and did ary aid, to be used by such State in its other things too Lumerous to mention,) will -discretion, to compensate for the inconvenibe able to bring some one to swear that ences, public and private, produced by such he, too, has ever been loyal, and there- system," we have the right to ask and to deupon base a claim for compensation, and thus mand of the General Government the aid the State will be obliged to compensate the thereby promised in case the people of the loyal and the disloyal alike, and will also be State adopt the 23d article in the bill of obliged to compensate the sufferers to whom rights. But whether the offer of the General I have alluded in the western counties, Government was made in good faith or not(which latter our Legislature has already re- whether I am ever to receive one cent for the fused to do ) And in doing all this, we slaves which I have already lost and will yet seriously threaten our State with bankruptcy. have to lose, (if I anl yet a slaveholder,) I Now, Mr. President, I have put on record am in favor, as a matter of public utility, and some of my reasons for being in favor of because I honestly believe the continuance of emancipation and opposed to State compen- slavery to be morally wrong, of the imnmesation. But I have not stated all my politi- d iate and unconditional abolition of slavery cal faith in regard to slavery. I am in favor in Maryland, and shall give my vote for the of immediate emancipation. As I have al. article now under consideration. ready trespassed more largely than I intended Mr. PETER. I have listened with no little upon the time, and attention, and patience of degree of interest and attention to the arguthis Convention, I will give but one or two of ments which have been made by the majority many reasons why I desire that slavery shall in this House on the 4th article of the bill of be abolished immediately. I believe that by rights. The radical party have contended abolishing this institution at once, a greater that this expression of a free will offering of victory will have been achieved for the Union allegiance was due to the Constitution, the than was achieved at South Mountain, Antie- laws, and the Government, as a matter of tam, Gettysburg or the Wilderness. When policy, of law and of right, and I could but the rebels in the South see Maryland gone be- revolve in my mind and wonder on what yond all possibility of hope, they will begin grounds they would offer up the sacrifice conto fear for the final result of their mad un- tained in the article now under consideration. dertaking. And again, I wish Maryland to set But it seems there is to be a sacrifice, yea, a an example to other States-an example which great holocaust offered on the part of the opI am persuaded to believe will be followed. pressed and down-trodden people of this Many of our people desire this Convention St-te to appease the dire anger, and stay the to adopt some system of negro apprentice- avenging hand of some offended deity. ship. I have nothing to say in regard to this All government is made for the protection matter, as there is no proposition relating of its citizens in the enjoiymLent of all the thereto now before the Convention; but, with rights and privileges not interdicted for their 549 mutual good. And among these rights is The full recognition of this right and title that of propeity-a right ekisting and exer- was indispensable to the security of this cised by every eople fronm time immemorial- species of property in all the slaveholding the divine writinos clearly asserting the ex- States; and, indeed, was so vital to the preistence and enrjoyment of this right. I'might servation of their domestic interests and inalmost say this right of property existed at stitutions, that it cannot be doubted that it the first dawn of creation, for God bestowed constituted a fundamental article, Without upon Adam and Eve the fair garden of Eden. the adoption of which the Union could not And We find this right again and again re- have been formed. Its true design was to iterated and acknowledged in the divine his- guard against the doctrines and principles tory. We find the ancient men of those days prevailing in the non-slaveholding States, by asserting their right to their webells, to their preventing them from intermeddling with, or flocks and their he ds, lieir til.-s l'i'intsand obstructing, or abblishing the rights of the their maid-servants. And we find by tracing owner of slaves. The clause in the Constithe pages of history that as society increased tution relating t; fugitives from labor maniand muitiplied, this right of property be- festly contemplates theexistenceof a positive, came more fixed and determined in its char- unqualified right on the part of the owner of acter, governed and controlled by certain es- the slave, which no State law or regulation tablished laws and principles. can in any way qualify, regulate, control, or This great right of property, existing an it restrain. Any State law or regulation which does in our nation and State at the present interrupts, limits, delays, or postpones the date, or rather I might say at the time of the rights of the owner to the immediate comcommencement of the existing war, was one mand of his service or labor, operates pro well defifned, governed by principles well tanto, a discharge of the slave therefrom. The known and comprehended by its owners. owner of a fugitive has the same right to seize Property, Mr. President, is the wealth of a and take him in a State to which he has esnation, and the substance of its people. It caped, that he has in the State which he fled. is that which forms the strong and binding The court have not the slightest hesitation in tie of love and affection for our native land. holding that under and in virtue of the ConWhy does the humble peasant with his lowly stitution, the owner of'the slave is clothed cot, his few acres his rude and almost value- with the authority, in every State of the less implements, esteem and love them? It Union, to seize and recapture his slave." is becaus;e they are his and he is protected in What changes have occurred since 1842? their enjoyment. Then the ablest jurist of our land fearlessly Now, if we desire to render a people un- maintained the right to slave property, not happy, turbulent and dissatisfied, we can only existing when the slave was within a adopt no surer plan than depriving them of slave State, but attaching to the slave afterhe that which they are justly entitled to, without might enter a free State. Slavery exists, then, a just clause or a'just compensation. It is not only by divine right, but by the law of dangerous in the extreme for a nation to adopt our land, as set forth by the Supreme. Court any measure which would interfere with this of the United States, which is the supreme great principle and right, or which might law of the land, and that right of property render it unstable and insecure. Just so far exists until the law is repealed or the decision as Yjou render this right uncertain and inse- reversed. cure, so far do you weaken the confidence and But there is one fact as regards this right, affection of a people. the majority of this body cannot deny-that I do not propose to enter into an argument many of them have held slaves, taken the here to show that slaves are property. You benefit of their labor, and when it did not that doubt the right, take the Scriptures and suit their purposes to hold them longer, have read them, study this great foundation of all sold them to other masters. I would like to government and law; and if you cannuot dis- know how many in this body, through a concern this right by your own study take a scientious conviction of the evil of the thing, (' view of slavery" as compiled by the Rev. have liberated their negroes. Although some John Henry Hocpkins, D. D., LL.D., Bishop may have preached the doctrine of Wendell of the diocese of Vermont, and it will aid you Phillips and the higher law, few of us have and throw much light upon a subject which put it into practical operation, by beginning to many is dark. But there is one thing we at our pockets to remedy the evil. can leatrn in the sacred pages without the as- But we are told this sacrifice must be made sistance of the bishop; that is, to cast the on the part of MIaryland to save the Union. beam from our own eye, before beholding the Now, I cannot see the point or force of this mote in the eye of our brother. argument. Why should Maryland make this Again, if you have doubts upon this point, sacrifice over and above what is required of read the decision of Judge Story in the case the other States? If the war expenses reof Prigg (a citizen of Maryland) vs. The quire it by way of taxation, let the burden Commonwealth of Pennsylvania —16 Peters' be borne equally by all the States-not by Reports, p. 540, adjudged in 1842. Maryland alone. We are not quite rich 550 enough to give the Federal Government a would a court of law construe the two? Is bonus of twenty or thirty millions worth of there any lawyer in this body that will assert property. Ah I but we are met here: But that under the one, the owner would be entiyou must save the Union-make any sacrifice tied to compensation and not under the other. fobr that. Mr. President, is the salvation of I humbly apprehend that the words "necesthis Union and this country dependent upon sity " and'use," as they are here connected, whether 87, 183 negroes are freed or not? If would be defined by any honest, intelligent this be the prop and support relied upon for judge to mean one and the same thing, to the salvation of the country, it is weak in.- have one and the same signification. deed. Their argument is fallacious. If the Again, we are told that the abolition of salvation of the country depended upon the slavery is caused by the present war, that it freeing of the negroes, then indeed is the follows as a natural consequence attendant on country virtually saved, for the fact is patent this war. I cannot agree with such deducthat the negro is virtually in fact, if not in tions as these. Government is made and inlaw, free already. So, after all, the majority tended to protect its citizens in times of war of this House cannot take the credit entirely as well as in times of peace. The Governto themselves of having accomplished this ment of the United States stands bound ungreat progressive work of freeing the negro. der this obligation to the citizens of MaryThe work in fact was completed, and Mary- land. I would ask the majority of this house land citizens are now called together as adepts, if the government has become too poor to pay skilled in this kind of knowledge, to give the for this property if they require it? If it be finishing touch to the work. able to pay for it, why then commit such a Men seem to have lost all idea of right and flagrant act of injustice upon the citizens of justice. These great principles, the sure and this State? Mlen who have toiled and labored only true foundations upon which any gov- for years, yea, for a lifetime, and have invested ernment can be based securely, seem for the the proceeds of their labor in property guarpresent hidden and engulfed inl the carnival anteed to them by the Constitution of the of blood by which we are surrounded. Man United States, recognized and secured to them seems to have lost sigkt of the rights of his by the laws of our own State, are now to be fellow man, and in the whirl and excitement deprived and stripped of that property withof a general destruction, grasps all that he out color of law, or even a shadow of right. can for his own personal advancement and But, Mr. President, I will not dwell upon the gain. manifold excuses and pleas urged by the domiAgain, Mr. President, we are told that this nant party for the destruction of this right of property is now required for public use, not property. We can learn a lesson from the old that of the State, t:ut that of the General fable of the wolf and the lamb. Government. What will our friends that Again, Mr. President, this principle of declaim to owe paramount allegiance to the stroying the property of citizens is dangerous Constitution and laws of the United States in the extreme. It now truly only destroys do? Truly, if they free the negro upon this the right of the master to his slave. But if principle, they leave themselves in an unen- the power exists by which this species of viable dilemma. What will they do with property can be taken from its owner, how that article of the Constitution of the United long will it be before it will be exercised in States, which says: "Nor shall private prop- depriving us of some other kind? How long erty be taken for public use without just coin- will a man be secure in his home. and his pensation?" Buta few hours since, and this other property? If we have a right without Constitution was asserted to be the paramount just compensation and just cause, thus rudely and supreme law of the land, and State Con- and ruthlessly to strip a man of his well-destitutions and State lairs, so far as they con- fined and vested rights, what safety, what setravened that instrument, were nullities. curity remains for us that those which now Then they violate by this article the very exist will continue for any durable time? principles they have asserted. If the Consti- How long will it be before some fanatic will tution of the United States be the paramount rise in the land and deify the horse or the and supreme law, then, as it acknowledges cow as they have already deified the negro? our right to this property, until it is changed Yea,'tis truly an age of progress, and I fear the action of this body amounts to a mere no-'tis tending faster in the direction of barbarthing. The right of property in slaves will ism and heathenism than in that of moral still exist unfettered, uninterrupted, and pro- Christianity. tected by the Constitution of the United States. I would ask the gentlemen what they inThat Constitution guarantees to us this spe- tend doing with the negro after he is free? cies of property Does the past experience of years convince us Again, we are told that it is a matter of that his condition is bettered? Does it not public necessity that slavery should be abol- teach us that squalid poverty, want, vice and ished. I would propound a question to my infamy in a majority of cases soon clanim the legal brethren-what is the difference be- negroias their victim? How has this poor tween public use and public necessity? How creature been treated by his professed North 551 ern friends? Have they not in many of their bye" to her husband, and she was denied the States denied to him the right to tread the i privilege. I have seen the husband taken land and breathe the air within the bounds of away in the cold and inclement weather, and their free and enlightened States? not even permitted to get the clothing necesAgain, what will they do with the chil- sary for his comfort. These things are not dren, the aged and. the infirm of this race? matters of imagination with me. They have Will they take them to their homes and occurred under my cwn vision, and they provide for their wants? Or will they see taught me truths I must notice. I do not them languish, starve and die by the highway? attribute these acts to the President or to his I for one spurn this mock philanthrophy. cabinet, or to those in authority under him; The negro's condition has only been bettered but they are attributable to evil, designing and improved in a state of slavery.'Tis there and malicious minds. Therefore is there the he has been taught the great principles of sal- more necessity why we should ever respect vation.' Tis there he has learned the differ- the laws and the constitution, tor they are the ence between the true and living God and the only sure guarantees which we have for our gods of wood and of stone.' Tis in a state rights and our liberties. I would ask gentleof slavery he has learned that the sacrifice of men who now propose to make this great rethousands of his fellow-beings to his heathen volutionary change, how long will it be before god avail nothing. some other revolutionary change may be proI have deemed it a duty to enter the protest posed which will affect you and all your rights, of my constituents against this article, against and your privilege-, and your property. Let this great wrong you propose to perpetrate us act with caution; let us act with wisdom. upon them. It is a duty I owe to my State, I do not rise here to say a word which will for by this action you destroy one of the great hurt any man's feelings. Far be it from me sources of her wealth, and the means by to use words of reproach or condemnation which her citizens are to be enabled to meet against any person. I act upon the principle the onerous taxation which is now upon us. that each and every man shall express his senBut, Mr. President, I cannot expect my timents freely and fully. But I beg of my feeble efforts to avail aught in a time when friends, most of you natives oft Maryland, to the people are frenzied and maddened with weigh well this matter before you try it. It the fanaticism of the present hour. When I is often the clase that the fowler fa!ls in his have seen the great right of manna chartae own snare. It may seem for a time that it stricken down; when a free press no longer will result in advancement; it may seem for exists; when fiee speech for the time has been the time to be a great offering to this modern denied in our State; when our citizens are no god; it may seem for the time to advance longer protected in their persons and property; your prosperity. But let us not consider all when I have seen men ruthlessly torn from time as embraced in this day alone. Let us their families and firesides without due process look at time to come; let us endeavor to peer of law; when I have seen them taken from into the hidden and mysterious future; let God's house of worship, imprisoned for days us weigh well our acts lest those very acts and weeks, and then turned loose with no trial, hereafter fall upon us with double force and no evidence of guilt against them, what can double power..I hope for? Alen talk about traitors and the This government is under obligation to proacts of the rebels. What has their action to tect us in the full and free enjoyment of all do with us as citizens of the United States, the rights guaranteed to us; and it is only and the State of Maryland? This govern- upon due process of' law and upon conviction ment is under obligations to protect us in the of crime that it has any power to abridge our full and free enjoyment of all the rights rights and our privileges. This government guaranteed to us. And it is only upon due is truly a beautiful temple. Its foundations process of law and by conviction of crime that were supposed to hiave been laid upon solid she has any right to abridge our rights and adamant, which no tide or flood should deprivileges. stroy, until the time crame helien the angel of Must we go to rebels and traitors, as they the last day should proclaim that time shall term them, to learn lessons of wrong and in- be no more, and all nature shall perish in the justice? I humbly apprehend not. I am general destruction. But we have seen those taught my rights and my privileges as they foundations shaken; we have seen its beautiare laid down and expressed in the laws of ful proportions crumble into the dust. One our land. I have heard this word " traitor" by one have the citizens of this good old State and the word " rebel" applied over and over of Maryland been stripped of theri privileges. again to men, and in a majority of instances And although they have applied the terms they have been applied for the purpose of per-' rebel " and " traitor " to us, yet under sonal advancement and aggrandizement. all these sufferings, under all these onerous Now, I had some experience in that matter and heavy burdens, as a peneral rule, we have myself; many of our citizens have had rucbh borne them quietly and meekly. As a general. experience. I have seen the wife upon the rule I believe it is in the heart of every man door-step crying to be allowed to bid " good in Maryland to desire to see this nation as a 552 nation preserved, with all his rights and privi- charitable hearing from most of its members. leges as they before existed. I cannot beiieve I have already received a token of th:at I may there is a citizen now within reach of my expect from certain gentlemen, and I rise tovoice who would wilfully and maliciously day under the embarrassing impression that destroy this government framed by our fath- I shall be called to the confessional, as on a ers; a government handed down fiom sire to previous occasion, to answer any personal son; a government which has bestowed upon interrogatories in relation to my private life us in times past so many blessings; I say I and my general relations to society, that may cannot believe that there is any one among us be suggested by professional ingenuity, or who would wilfully and maliciously and prompted by a warm and characteristic Southtreacherously destroy this government. Many ern chivalry. Sir, I wish to give notice in of us may be under the influence of mistaken the beginning that, as on a former occasion, I ideas; many of us may in the heat of passion shall not stoop to answer personalities; but and in the excitement of the moment say and if gentlemen curious on the subject, will call do things which upon proper reflection we on me privately, it will afford me pleasure to would refrain from. But all of us would join give them an autobiographical sketch of my together, aye, to-day, if we could welcome life, and how I came to be in this Convenback this whole country as one country, as a tion. united brotherhood, upon the foundation upon I have arisen, Mr. President, to present which it. rested years ago. I believe if that some of the reasons that will influence my could be done, hosannas wouldrise from every vote upon the article, the consideration of man here, be he democrat or whig, be he which is now pending. And first of all perwhat is termed "secession," or be he Union. mit me to define my views of slavery. They Truly our sight is clouded, our perception are not of the extreme character. I cannot dulled by the veil of fanaticism in which we agree either with those who contend that are now enveloped. May we not hope that slavery is necessarily, under all circumstanthe day will soon come when amidst the ces,: sinful-or with those on the other exmighty storm which now prevails, amidst its treme, who claim for it divine authority, and darkness and thunderings, amidst its earth- demand of the civilization and christianity quakes and lightnings, the veil will be rent of the age, its universal recognition. in twain again, when the God of justice, of Sir, were I to contend that slaveholding peace, of mercy and of truth shall restore is, per se, morally wrong, I should place mythis people to His favor and His blessings. self in opposition to my own convictions, Mr. TODD. I have no disposition whatever which are the growth of my own observation to prolong this debate, or to put off action tnd experience, and in opposition also to the upon the article now under consideration. teachings of that large and influential branch And if I were satisfied that it is the desire of the christian church of which I am happy of this House to discontinue the debate im- to be a member, which, while it has in its mediately it would be highly gratifying to church discipline from its first organization me, and I should deem it a privilege, to give in this country, almost a century gone by, my vote now without any further cousidera- steadily propounded the question-'' What tion of this article. I am not willing to be shall be done for the extirpation of the great responsible for the continuance of this debate. evil of slavery?" has, at the same time, And if it is the sense of this House, and it can through all that period, opened its doors of be expressed to me in any way, that we communion to both the master and the slave. should take the vote without any further dis- I wish further to qualify my position by a cussion, I am willing and anxious to forego denial of any sympathy with negro equality; any desire I may have entertained to offer any and the additional declaration, that I favor remarks upon this subject. compensation from the General Government Mr. BEamY, of Prince George's. I will to loyal slaveholders, as a remuneration for state that this is a very important subject, the loss and inconvenience they may sustain and I know that there are a number of mem- by emancipation. bers of this Convention who desire to be heard I propose, Mr. President, to discuss the folupon it. We want to have a full, free discus- lowing proposition: sion of the subject, and would like to hear That, in its aggregated existence and inthe gentleman from Caroline (Mr. Todd,) or fluence, slavery is an evil-a great evil-a any other gentleman who niay desire to moral, social and political evil, and ought, in speak; we will listen to him as long as he the language above quoted, to be extirpated. may please to address the House upon this And first, slavery is an evil, because it is suibject. the invasion of a natural right. Mr. TODD. Then, as there seems to be an I grew up from my cradle surrounded by, indication that this discussion must be pro- and under the influence of slavery, and was longed, I will proceed. taught to justify it-to believe it right. But Mr. President, I have taken buta small por- I remelnmber, as amongst the earliest reflection of the time of this Convention, and shall tions of my unsophisticated mind, the query, therefore hope for a kind indulgence and a " how can it be that I have a right to the 553 body and soul, flesh and blood and muscle, funct sophism, and the only harm done by time and labor and service, of a human the big balls which slipped lazily fiom the being?-that I have a right to control and muzzle was that occasioned by their graviregulate his very volitions and turn them in t tion down hill, to the lower limbs of the any channel at my will?" And I must con- assaulting columns fess that, not only did the reason of childhood The gentleman, assuming to speak for the fail to answer in conformity with the gener- intelligent framers of that masterly docually received notions and traditions fostered nent, asserted that they only meant, that all by this institution, but that the honest re- white men were equally free to enjoy the rights flections of maturer years have taught me, of civil government. that the instincts of innocent childthood Mr. BlERRY, of Prince George's. I think were but in accordance with the great prin- the gent.leman has misrepresented me; I amn ciples of natural right and justice which lie sure not intentionally. at the basis ot' God's moral administration in Mr. ToDD. Not intentionally. the affairs of men. Mr. BERRY, of Prince George's. I stated Is it true that because a human being is that this was a government of white men; born in Africa, and with a black skin, a man that the Constitution of the United States born in Europe or America, and with a fair was framed for their government, and their skin, has the right to enslave him —to de- government alone. prive him of his God-like and God-given lib- Mr. TODD. Then what I have stated folerty? Is it true that because, as a race, his lows legitimately from what the gentleman intellectual status and culture falls below that has now reiterated. Ile asserted that they of some other races, therefore a race superior could not be understood as asserting that all in these respects, possesses the right to coil men are alike in their mental and physical the fitters,;f perpetual bondage around that organizationa-a proposition no one disputesattribute that raises him above the brute, and that they differ, to use his beautiful and apreflects, however feebly, his Creator's image? propriate metaphor, as one le',f upon the wavSir, he that claims that slavery is not a vio- ing branch differeth front another. lation of natural right, must answer these But the gentleman accidentally omitted to questions affirmatively. More than this-he trace out to their legitimate results the points must override and trample into the dust, the presented in his simile. He will not think very principle which constituted the founda- unkindly of me for relieving him of the task. tion of American independence and liberty, It is true, sir, that the leaves differ. They and whose development, under the guardian- differ in form, size, color and feature. But ship of heaven, wrought for us our civil and are they any the less leaves on that account? religious blessings. In that immortal docu- Are they not all composed of the same orment, the enunciation of whose doctrines ganic substances? Are they not all supported sent a thrill to the oppressed of every land, by the same parent stock? Do they not all and made tyrants tremble and their thrones alike breathe the same atmospheric and gaseto totter, certain truths are held to be self-ev- ous nutriment? Are they not all equally ident, among which is this: "that all men blessed with the same pearly dew drops, and are created free and equal, and thave an ina- with the same bright, blessed sunshine, which lienable right to life, liberty, and the pursuit paints alike their pure and spotless robes of happiness." I with the same bright beauteous colors? Did It is true sir, the gentleman from Prince not the same Omnipotent hand fashion them George's (Mr. Berry,) in advance of the ar- all? gument on this question, has attempted, by Thus, sir, I find that the points of resemwhat he evidently considered a masterly and I blance are not only more numerous than the triumphant movement of logical strategy, to points of diversity, butparamount-the gencompel us to the evacuation of this high and tleman will pardon me the use of that term. commanding position, and reduce us to the The same is true of mankind; and I conclude, humiliating alternative of fighting this battle with George Washington, Thomas Jefferson, on ground of his own selection. But, sir, and all the illustrious galaxy, that our whole let us reconnoitre the ground a few moments, race, coming from the same Creator, redeemed and I think we shall find that the marshalled by the same precious sacrifice and bound to hosts of freedom have not yielded one inch; the same destiny, are entitled to the same and that the flag of those hosts, first un-! naturalinherent and inalienable rights, among furled to the astonished gaze of tyrants, on which are life, liberty and the pursuits of the 4th of July, 1776, though oft insulted, happiness. still floats majestically and defiantly over the I Arid permit me just here to refer to what' scene of the conflict. the immortal Washington and others have The heavy ordnance, expressly manufac- said upon this subject; those same illustrious tured for the occasion, and laboriously drag- fathers of our republic, who placed. their. ged by a superannuated team to the charge, hands to that immortal document that dethough heavily loaded with solid shot, was clared us free. manifestly charged with the powder of a de- Jefferson, in his Notes on Virginia, after 36 554 showing the evil effects of slavery on the code does not recognize any such legal relamasters, says: tion as husband and wife among its unhappy "And with what execration should the subjects-I may, with an arbitrary disregard statesman be loaded, who, permitting one-half to all the finer sensibilities of human nature of the citizens thus to trample on the rights of which reside even in the breasts of savages, the other, tritllsforris those into despots nnd tear him Froln the bosom and embrace of his these iuno enemies, destroys the morale of the weeping and fratntic companion; deprive his one part and the amor patrice of the other; innocent little ones, who have learned to call for if a slave can have a country in this him father, of the affection, and the little proworld, it must be any other in preference to tection which he, as a slave, may be able to that in which he is born to love and labor afford them, and transport him to a land for another. - * 5' And can the liberties foreign to him; where, with the hopes and of a nation be thought secure when we have affections of his heart all crushed an'd bleedremoved their only firm basis-a conviction ing, he is left to mourn with no earthly prosin the minds of the people that these liberties pect to cheer or comfort him; and with the are the gift of God? that they are not to be constantly recurring memories of the dearest violated but by His wrath? Indeed, I trem- ties, rudely and hopelessly sundered, to laceble for my country when I reflect that God is rate forever his wounded and despairing soul. just; that His justice cannot sleep forever; This, sir, is no fancy sketch. Most of us that considering numbers, nature and natural have stood by the auctioneer, where human means only, a revolution of the wheel of for- flesh and blood and life and service, have tune, an exchange of situation, is among been exposed to public sale, and looked upon possible events. * * The Almighty living pictures, of which this sketch is but has no attribute which can take side with an indistinct photograph. us in such a contest."' I forbear, sir, except by simple allusion, to Washington, in a letter to John F. Mer- refer to the, if possible, more revolting scenes, cer, already quoted here this morning, dated where licentious power, armed with the mere September 9, 1786, says: authority of corrupt will, invades the sanctity " I never mean, unless some particular cir- and privacy of the domestic circle, and cumstances should compel me to it, to pos- violates the protective restraints thrown sess another slave by purchase, it being around chastity by the common instincts of among my first wishes to see some plan the commonest humanity. On this point, let adopted by which Slavery, in this country, the facts that stare us in the face everywhere may be abolished by law." in the slaveholding States, utter their decisive And in addition to these I may remark voice. that the immortal Franklin, one of our rep- A third reason which influences my vote resentatives abroad during the Revolution, on this question in favor of emancipation in was the first President of the Pennsylvania the State of Maryland is: Abolition Society. 3. Because slavery ministers to the demoraMr. BERRY, of Prince George's. From what lization of all classes within the sphere of its does the gentleman read? influence. Mir. TODD. I read an extract from a news- This proposition is proven in part by what paper, which quotes from the authorities, and I have already said. But more particularlyI have seen these very extracts in books I have this institution ministers, first, to the intelread. lectual denzoralization of all classes. It does I but reiterate the self-evident declaration this, so far as negroes, both slave and. free are of those honored men when I say that slavery concerned, by discouraging, to an extent that is the invasion of a snatural right. This propo- amounts to a prohibition, all literary educasition requires no further argument, and I tion. The protectors and propagandists of proceed to the discussion of the second reason slavery have seen and felt the force of the which occurs to my mind to prove that slavery fact, that education is incompatible with the is a great evil and ought to be abolished, and existence and benefits of slavery-that if you it is this: educate the negro, you create in him the 2. Because it can only exist in violation of thirst for freedom, or, at least develop it; the dearest and amost sacred social and domestic and hence your statute books, and the history ties. of your State abound with facts going to What is my slave, according to the laws of show that every precaution has been resorted the State of Maryland? A mere chattel, to to prevent the light of literature, even in which I may dispose of as I may of a horse its most elementary branches, from shining or any other piece of property, at my option. into the enslaved mind of the African in our I may regard his feelings and his wishes or land. not, just as pleases my caprice. By a mere'But the same principle affects also, and to whim I:may compel him to celibacy; or, if an almost equal extent, the poorer classes of he have one who stands to him in the en- the white population. What has been the dearing relation of wife-a partner of his fate of all bills introduced in the Legislature oys and sorrows-though I believe the slave of our State for the promotion of general and 555 liberal common school education? Defeat- it begets in the non-slaveholding portion of universal defeat! And wherefore? Because the community, a servile and humiliating the upholders of the peculiar institution, have obeisance to that aristocracy, which demands been shrewd enough to foresee that if you a scrupulous and careful suppression of every educate the common, laboring masses, you sentiment against it. make them dissatisfied with the fate that con- It too often vests the legislative, judicial, signs them to a position in the estimation of and executive functions in an irresponsible society upon a common level with the grovel- mob. It extemporizes rails, tar andfeathers, ling negro slave! And that, becoming dis- whipping posts, and even gallows, to meet its satisfied, and being a numerous class holding summary demands. It inculcates treason; the balance of political power, they would and for this purpose educates the Southern assume a most dangerous antagonism to the mind, fires the Southern heart, until it is system which enslaves and grinds them down, brought forth full-fledged and armed with all and; erhaps sweep it fromexistence. Slavery, the malice and spleen, which characterized sir, has had control of our legislation, and the old arch traitor in the first rebellion, to with its accustomed tyranny, has frowned wither and blast, if possible, with its foul down and fettered every attempt to procure breath, the fairest blossom of political liberty the intellectual emancipation of the masses of that has ever shed its fragrance on our world! the people of Maryland. And, sir, I blush to Sir, will the good sense of the American say it,- but it is true, as the census will;bear people —the peopleof Maryland-permit them testimony, that there were in the State of longer to foster in their midst a system, Maryland, in the year 1850, over 41,000 white whose uniform aggregated influence has been adults who could neither read nor write, to poison all the fountains, whence flow our whilst in free New Jersey, with a white popu-'moral, social and political prosperity I May lation of more than 130,000 in excess of ours, Heaven grant that its tyrannical and dethere were only a fraction over 18,000 who moralizing predominance may be forever herecould neither read nor write. after ignored. But again, slavery affects spiritual and A fourth reason why I am in favor of moral, as well as intellectual darkness and emancipation in Maryland is: demoralization. This proposition is sustained Because slavery undermines and enervates by the same course of argument and the same all those principles of'public and individual array of facts which prove the last. For moral enterprise and self-reliance which lie at the and spiritual' life have ever been found to ex- basis of all true political and material prosist in about the same ratio with intellectual perity. light. As a general rule, an educated cornm- Our Southern children and youth are edumunity is a moral and religious commufity; cated to ease and indolence. They are taught and an ignorant community is' an imnmoral to rely on the labor of hands other than their and irreligious community. That system, own for th'eir daily bread or their affluence. therefore, which restrains and fetters intel- Their minds are diverted fiom those channels leetual development-and slavery is such a that lead to enterprise and usefulness. This system-encourages and fosters spiritual dark- is the necessary result of slavery, on the one' ness and licentiousness. hand. which prevents the necessity for white I need not again recur to facts to which labor'; and of a slave aristocracy, on. the reference has already been made in the argu- other hand, which stigmatizes the laboring ment under my second proposition. Those white man as a mzudsill; and the consequence facts speak with a mournfully significant is that the majority of the superior race in voice, which is equally applicable to this part our political hive are useless drones. of my argument. That the system of slavery Where are the majority of your seminaries is demoralizing to all classes within the sphere of learning? Where are your great public of its influence, is evident from the following charities and enterprises? Where are your patent facts which T shall'content myself with mammoth mills and factories, giving employmerely asserting-they require no proof or meat to thousands of artizans, and passing elaboration. through their ingeniously contrived maSlavery recognizes no marital or domestic chinery their millions of property annually? bonds which may not be broken at the option Where do the great and startling developofthemaster. It throws no protection around ments of science and art, and the vast majority the chastity of its unhappy victims. On the of the useful inventions of the age have their contrary, it virtually holds licentiousness at origin? In the free; North-educated in a premium. It fosters an abject, grovelling, literature-educated to free labor and self-restubborn and hopeless sevility and self-abne- liance, and consequently fertile in all that gation in the slave. It invites to the exercise consti.utes a people free, independent, prosof an inhuman and tyrannical species of self- perous ind happy. constituted and arbitrary despotism in the And just at this point, Mr. President, I ask master. It ministers to a hateful and anti- the attention of gentlemen to the following republican aristocracy in what are termed, facts and figures which are taken from census in slave communitie, the upper classes; and reports, and which are designed to show the 556 relative position of slave Maryland and free basis of all true political and material prosNew Jersey. I have selected New Jersey to perity." bring into this comparison, because these two I will just here beg leave to state that I am States are somewhat similar in size, soil, cli- indebted to the Hon. Mr. Creswell for the mate, and naturial advantages,with a large pre- facts and figures which I have read. I have ponderance, however, in favor of Maryland. not been able to get here the full census reNow, what are the facts? They are as fol- ports from which I could get them. lows: That while Maryland has 3,149 square A fifth reason why I shall vote for emanmiles of territory more than New Jersey, yet cipation in Maryland is, because the legislaNew Jersey has 130,181 more white people tion demanded for the protection of slavery than Maryland; that while Maryland, a slave and slaveholders, is arbitrary and unjust, State, had, in 1860, over 83,000 free negroes, and oppressive to the people. New Jersey, a free State, had only a little I do not mean, Mr. Piesident, to elaborate over 25,000 free negroes; that while the ag- this point very extensively, first, because I gregate value of real and personal property wish to take as little of the timne of the Conin Maryland in 1860, was only $376,919,944, vention as possible, and, secondly, because the in New Jersey it was over $467,918,000; that mere announcement of a proposition, thie while the population in Maryland, from 1790 truth and applicability of which is so generto 1860, increased only 53 per cent., free New ally felt and acknowledged, is, of itself, suffiJersey increased over 70 per cent.; that whilst cient for all the purposes of a legitimate arin Maryland the average value of land is only gument. about $35 per acre, in S\ew Jersey it is worth I cannot, however, content myself to pass $92.70 per acre. In New Jersey there were from this point without referring to a few over 91,000 children who attended school, facts in the legislation of our State, which, while in Maryland there were only 62,000. without any extended citations, will serve to In Maryland there were over 41,000 white put this portion of my argument beyond the adults who could neither read nor write, shadow of a doubt. whilst in New Jersev there were only a frac- And first, the slave code wrests from the tion over 18,000 wlho could neither read nor non-slaveholding portion of our citizens an write. undue and unequal proportion of the public And now to m'ake the contrast yet stronger, taxes. The entire property, real and personal, let us come nearer home, and compare the 14 of the non-slaveholder is assessed by a sworn slave counties of our own State with the 7 officer at a fair valuation, and the taxes are comparatively free counties, and see what the exacted to the utmost karthing. But the man result will be. It will be shown from the who may be the owner of a slave, or a huncensus reports that, while the population of' dred slaves, can be taxed, at the utmost in the slave counties increased from 1790 to 1860 any case only $300, or it may be $400, though only 14~ per cent., the population of the free they be worth under ordinary circumstances counties-exclusive of the city of Baltimore- four times that amount. increased in the same period 120 per cent. And again, the master who owns a slave That while the real and personal property in who commits a felony or murder and whose the slave counties was worth only a little over life pays the forfeit under the sentence of the one hundred millions of dollars, it was worth law, receives from the commonwealth a resin the free counties over three hun,ked millions titution to the full value of his negro; whi!e of dollars. It will be found further, that the the family of the outraged or slain victim are farms in the slave counties averaged 153 acres left to mourn and repine, perhaps in poverty each, worth $3,433, while the farms in the or disgrace, without the least remuneration free counties averaged only 102 acres each, for their sad deprivation and bereavement. It and were yet worth $4,935. Free land was may be the husband, or the only son of a worth $48 per acre, slave land $23 per acre. widow who was dependent upon that son for These, Mr. President, are stubborn thcts and her support; who was the staff of her old age, ~figures which cannot be ignored. Gentle- the prop of her declining years, and yet she men must meet them, and meetthem honestly. is compelled, under the laws of the State of And when we reflect that the same compari- Maryland, to pay her portion of the taxes to son may be instituted between Maryland and remunerate the master for the loss of the slave any other free State than New Jersey, though who killed her son, Maryland has the advantage by position, soil And once more, the depredating nuisance and climate,, the same humiliating dispropor- of a negro slave, whose nocturnal raids and tion will be found to exist against Maryland. pilferings have outraged the community for We assert boldly, without tear of successful miles around. is at lastshot while attempting contradiction, that it is slavery and slavery to elude the officer; and the code of a mild alone which is responsible. These facts and and generous chivalry levies a tax to pay the figures prove that wherever this institution of master his full valuation upon the very comslavery exists, " it undermines and enervates munity whose peace and immunities the outall those principles of public and individual law has ravaged and outraged for years. enterprise and s lf-reliance, which lie at the Sir, I dare to say that these provisions in the 557 slave code, and numerous others which might cally to close their churches for months tobe mentioned, are a species of viler oppres- gether. The last Legislature of Delaware, sion than that exercised on the part of Eng- among many other acts that a few years more land, which led our revolutionary fathers to will consign to immortal shame, exceeded rebel against Britain; and I hope and believe in this respect all former Southern C'hristian the day is soon to dawn when the people will patriotism and chivalry, and virtually turned rise in the might of their sovereignty, and a whole Christian community out of church, hurl the tyrant from his throne and trample and, so far as they had the power, consigned his unholy sceptre in the dust! [Applause.] them to the tender mercies of the evil one. The sixth and last reason which I shall an- And yet.gentlemen plead for slavery because nounce as influencing my. vote on this ques-. of its civilizing and christianizing influence! tion of emancipation is: Why; sir, slavery has been exerting its boastBecause, for the above and for other rea- ed and beauti'ul philanthrophy upon the poor sons, the system of slavery, in its aggregated negro for about two centuries; the champion existence and influence, is in contravention heralds of this great work of Christian mercy of the principles and teachings of Christi- and redemption have sounded aloud the anity —the purest law of right and morality trumpet through all the land proclaiming: that has ever blessed the world. This branch of the subject was very ably "The year of jbile.e is come.; discussed by the gentleman from Talbot (Mr. Return ye ransomed sinners home I" Valliant) who opened the debate upon this And the whole South unites with a voice subject. But I may be pardoned a brief ref- like the sound of many waters, in singing erence to some of the points which have al- the doxolooy over an Africa, redeemed by ready beent brought forth in the discussion. slavery from intellectual and moral darkness; I know that the apologists of the system and yet when we ask them to let the oppresscontend that American slavery was permitted, ed go free, they answer: "O, no; they are if not ordained by Providence, as a means of not prepared for freedom yet; let's civilize civilizing and christianizing a savage race. them first." In the name of'common sense, No'w, Providence permits, in one sense of the what sort of a scheme of philanthrophy word,everythingthat happens intheuniverse. is that which, wheun exerted on a race, in He pernlits murder. Does that legalize it? all the profusion of its potency, through But they contend that it was ordained by about fifteen generations, fails *to prepare Providence. them for the enjoyment of the first and simSir, an Apostle has said "shall we do evil plest right which heaven bestows on man? that good may come? God forbid," and I Mr. President, we must dismiss this moral take it for granted that what God prohibits physician and call in another, who xwill in his creatures, as morally wrong, he will change the p1rescription, or the patient will, not sanction in his own conduct. I am will- grow defunct with sheer old age, andtheend ing to admit, sirt, that some good has accrued of time will find the poor negro where to the African because of his advent to our slavery found him —ignorant, superstitious shore; that the picture is not all dark and and depraved. gloomy, unillumined by a single ray of relief. I know, sir, it is held, and justly so, that No, there are fugitive lights that flit athwart slavery was allowed under the Jewish thethis dark panorama revealing here and there ocracy; but it was with many palliating cira Christian blossom, even in this sterile cums'ances which rendered it much milder thorny soil.'Tis only this, sir, that has en- and more tolerable than the American system. abled Christian civilization to tolerate the These palliating circumstances have been exhibition so long. largely referred to by my friend from Talbot But to return to the point: while I deny (Mr. Valliant.) But I may be pardoned for that God does evil that good may come, act- introducing a few facts in this connection ing upon the principle that the end justifies which refer to the same point. the means, I do admit that I' He maketh the Mr. BERRY, of Prince George's. Is not wrath of man to praise Him," and oftimes slavery also recognized in the New Testabrings good outof evil, and I contend further ment? that whatever good has accrued to the negro Mr. ToDD. I will come to that point presfrom his residence in our land, has been ently. wrought by the Almighty upon this principle, They were permitted to hold property, as and in spite of the gerneral principles and will be seen from Denut. 25, 49 and 1 Sam. 9, legislation of slavery, which imposes restric- 10. They were allowed the free use of the tions upon the intellectual and religious cul- products of their masters' farms and vinetivation of the negro, which amount almost vards. To them and to the indigent were to an absolute prohibition. Why, sir, a given, by divine enactment, all the harvests meeting for prayer and religious instruction that grew every seventh or sabbatical year. cannot, by the laws of the State of Maryland, Mir. Cobb, of Georgia, tells us, in the introbe held in our State by negroes, except un- duction to his great South side viewv work on der restrictions, which I have known practi- slavery, that the slave of the Jewish dispen 558 sation frequently had control of all his mas- world and heaven the sad spectacle our counter's'goods, (Gen. 24: 10,) and, in default try this' day presents. That they not only of children, became his nominated heir, (Gen. made no open, violent attack on slavery, but 15: 3, and Prov. 17: 2,) and says, in a foot'that they passed over in comparative silence note, " Our Saviour alludes to this in the other relics of barbarism legalized by the pa-,able of the wicked servants, who slew the laws of the,manri empire. B-Rt they thus son-the only heir-that the inheritance acted, trusting and knowing that the princimight be theirs." And Mr. Cobb'sargument ples inculcated in the religion which they is conclusive. promulgated would, through their silent but In addition to all this, it is admitted on all powerful influence, work the cure for all the hands that all Hebrew slaves went out free, at moral, social and. political ills to which sothe year of jubilee. This virtually carries ciety is subject. with it the admission that the slaves bought As an evidence of the correctness, f this of the stranger went outfree also. For it will position, sir, I refer to tie historical fact that be remembered, that the Jewish law required no sooner had Christianity spread its blessed the naturalization-the circumcision of such influences over the Roman empire, at about slaves. This circumcision, which was a cove- the close of the third century of' its existence, nant sign and seal, brought them into the than slavery was swept from the land. This condition of adopted Hebrews, and entitled f.ct in the history of slavery, in connection them to all the rights, privileges and immu- with the early history of our religion, shows nities of the covenant of' grace, sworn to and moqt conclusively that slavery is at variance attested by the Almighty to Abraham. In with the pure influences of an Apostolic reference to the diffic(ulty presented in the Christianity; and that when these principles declaration that these strangers were to serve and influences have free course allowed.them, their masters folever, it has been claimed by theywill inevitably operate to the destruction eminent authority, that this term had refer- of slavery. ence to the end of the period closed by the Mr. BERav, of Prince George's. Did not inauguration of the year ofjubilee, just as St, Paul instruct the slave to be obedient to the' phrase-" end of the world"-in some his master? places in the New Testament manifestly ie- Mr. ToDD. I will come to that presently. ferred to the end of the Jewish dispensation, Why, sir, in our land, in the South espe("and now, once, in the end of the world, cially, Christianity has never been allowed the hath Christ appeared to put away sin, &c.,") exercise of its full power. The utmost a minand that it is used to distinguish the period ister has dared to do has been to inculcate of their service from that of Hebrew servants the duty of masters to be humane to their who might, in certain cases, become free be- servants, and it depended upon whether he fore the above specified period. was born' on Southern soil if he were perI give that for what it is worth and no mitted to venture even thus far. more. It must be acknowledged that it has I am standing here to-day and uttering some plausibility, though it is not conclu- sentiments which I have not dAred to utsive, I confess. ter-I confess it with shame —as a minister Butsuppose, Mr. President,absolute slavery. of the Gospel I have not dared to utter them existed under the Jewish dispensation, does in any com iunity where I tave resided. I have this prove the divine right of' the American not dared to do it for the simple reason that I system? If it does, then reasoning upon the believed my lifewould have paid the forfeit, or same principle, I claim the divine right of' if I had escaped with my life, I would have Brigham Young to have forty wives, or as been compelled to leave the community. many as suits his convenience, up to at least The pulpit, Christian organizations, tile 1,000; for Abraham and Jacob had each two, press, every arm of Christian power has been David had several, and Solomon 700 wives sedulously watched; nothing has beenfree to and' 300 concubines, making the round num- call in question the divine right of' slavery. ber of 1,000! Our church disciplines, religious papers, and But, says the objector, and now I come to even'the sacred tallads and hymns we have my friend from Prince George's (Mr. Berry,) been wont to sing around our firesides and in " slavery is recognized as a divine right in our religious gatherings, have been declared the New Testament." Where?' "Why, in incendiary, and interdicted by legal enactthe regulations given for the government of meat. The whole, broad scowling firown of the relations of master and servant," and in society rested with all its weight and blackthe further fact that Paul sent Onesimus back ness upon an individual or Chllristiam society to his master Philemon. In answer to this I that dared intimate that emancipation might have to say, that Christ and his followers set be desirable; and, Mr. President, I once knew us a proper example of recognizing civil au- a large part of a minister's congregation to thority and enactments so long as the statute get up and leave the church, because he had existed, an example which had it been fol- the misfortune and the bad taste to announce lowed by those on whose behalf gentlemen on and read the hymn of jubi'ee, commencingthe other side plead, would have saved the " Blow ye the trumpet, blow," &c. o559 The writers of the New Testament seem to this theme, and indeed every point involved have recognized slavery as an existing fact; in this issue to other'. gentlemen, who are and they provided for the regulation of the fully prepared, by every consideration arismutual relations of master and servant, but ing ou't of' morals, intellect or patriotism, to what are those regulations? and what is their meet them. I have preferred to confine myinfluence? They are such, that slavery ex- self mostly to its social and moral aspects, isting under their influence is no longer and to leave the consideration of the question slavery, but honest labor and honest andjust in connection with political and national reward! "Servants be obedient to your matters to other gentlemen, who I admit masters." "Masters give unto your servants are better prepared to meet and dispose of that which is just and equal." What is just those points than I can claim to be. and equal? Is it anything less than exact re- I will say, however, that every State which muneration to the full value of the service adopts emancipation; every measure adopted rendered? There I leave that part of the looking to the subversion of the system of question. slavery throughout the country; every sable In short, all persons in every relation of fugitive to the lines of the Union army, tends society, social, civil or otherwise, are brotught to the downfall of the already tottelfing by Christianity under the influence of the throne of Jeff. Davis, and to the restoration golden rule: "Thou shalt love thy neighbor of the unity, peace and prosperity of our as thyself,' and "Whatsoever ye would thitt land. [Applause.] When the chief, premen should do unto you, do ye even so to cious corner-stone, extolled by Alexander them." Who is my neighbor? asked the Stephens, as the foundation of the secession Jews. The answer given in the parable of empire, shall be ground to dust by the victothe good Samaritan, was every man, even the rious tread of the hosts of liberty now mardespised Samaritan, whom you have reviled, shalling and marching, then will Providence and spit upon, and trampled under foot, and paint with his own pure sunlight, the beauto whom you have denied any of the privi- teous bow of promise and peace on the dark leges of the covenant of grace sworn to by bosom of the passing storm-cloud, a pledge the Almighty to Abraham and to his de- that this sad, gory deluge of blood is over scendants. and shall never return! Then shall lie speak Mr. BERRY, of Prince George's. I will ask with that same voice whose utterance alarmed the gentleman whether the kind offices of the the waves of the Gallilean sea into instant good Samaritan were not ex'rted upon the silence, " Peace, be still!" and there shall be man who was going down from Jerusalem to "a great calm." Jericho and fell among thieves and robbers? "Happy is that nation whose God is the Mr. TODD. Certainly it was; I admit the Lord."' The hand of Providence can be truthfulness of' that statement. I be'ieve traced in all our past history; our highest that whenever a man exerts a kindly office, hopes for the future centre in his power and whether he be a Jew or a Samaritan, a Euro- protection. He has marked out for us a despean or Afifican, wherever he may have been tiny. That destiny I have been wont to beborn under the broad canopy of the sunshine lieve from the days of my childhood, will be of heaven, he is acting upon the same general a glorious destiny. Tha-t destiny, I believe, principle taught in the Scriptures-" Love is to exert such an evanzgelic,l and civilizing thy neighbor as thyself," and that every man and liberty-loving influence upon the world, is my neighbor. But is it from motives of as shall eventuate in bringing the ends of the love to my African neighbor that I claim a earth to the acknowledgment of the fundaright to his flesh and blood, his life and his mental principles of christianity and liberty, labor? - and I have confidence that He who plants His Is it from motives of this sort that I give footsteps on the seas and rides upon the my.sanction to a system that deprives him of stormy sky, will take good care that that liberty; of just reward fir labor; of the destiny shall be fulfilled. sweets of home; of the society of wife and Tendering my thanks to the Convention children; which justifies the master in his for the patience with which they have listened caprice at any moment, though it be to break to my remarks, I now take my seat. forever the stron:gest ties that bind him to Mr. MAcE moved that the Convention do this world? now adjourn. Is it doing' as I would be done by when I ~ The question being taken, the motion to voluntarily hold a being God intended for a adjourn was not agreed to, upon a division, moral agent-the heir of a glorious destiny- -ayes 36, nays 37. in servile chains? O,; o, no, no I Christian Mr. RIDGELY. I move that when the Conlove and jsustice plead with burning tongue vention adjourns to-day, it stand adjourned and eloquent tears, for the disenthrallment of to Monday next, at 12 M. this long enslaved and persecuted race! IMr. STocKBRIDGE. I hope that motion will I would like, Mr. President, to have dis- not prevail. We have just commenced the cussed emancipation in its national relations, discussion of one of the most important subbut I have not time, and can safely entrust jects that have come before us, or that will come before us during our entire session. I Stockbridge, Sykes, Valliant, Wickard, trust that while this subject is under consid- Wooden —38. eration we will continue on from day to day, Pending the call of the yeas and nays, the with only an adjournment from one day to following explanations were made by memnthe next. I therefore hope that when we ad- bers as their names were called: journ to-day it will be to meet again to- Mr. NOBLE. I ask to be excused from morrow. voting. I am under the necessity of going Mr. RIDGELY. To-morrow will be Satur- home to-morrow if the Convention will exday. Many members here desire to spend the cuse me from attendance here. I do not, Sabbath at home, and consequently there is therefore, like to vote for or against this generally a very slim attendance here on motion. Saturdays. And in view of the fact that The Convention refused to excuse the genthe gentleman from Baltimore city, (Mr. tleman from voting; and he voted " no." Stockbridge,) has named-that the subject Mr. SANDS. I ask to be excused from voting under consideration is a very important one, upon the same ground with my fiiend from it appears to me we ought to consider it in a Caroline (Mr. Noble ) I have tried to be full house. punctual in my attendance here, but I shall Mr. NEGLEY. I hope this motion will not be obliged to be away to-morrow, and I do prevail. As has been very properly said by not want to vote to keep other gentlemen the gentleman from Baltimore city, (Mr. here, when I desire to be away myself. Stockbridge,) we have just commenced the Not excused, and voted "a' ye." discussion of one of the most important sub- Mr. cCHLTEY. I find myself in the same jects to be acted upon by this Convention. category with the gentlemen who have asked And shall we thus suddenly, and without to be excused from voting. As the Convenany sufficient cause, cut short thi's discus- tion has refused to excuse them from voting, sion, and scatter the members of this House I suppose they will not excuse me. I thereover the State? If we adjourn over to-mor- fore vote " aye." row, there are many members who live at Mr. VALLIANT. I am not exactly in the considerable distance from here, may be category of the gentleman fiom Caroline, tempted to go home, and they will not get (Mr. Noble,) the gentleman from Howard, back here before Tuesday. Besides that, (Mr. Sands,) and the gentleman from there is a disposition among the members of Frederick, (Mr. Schley.) I do not know this house engaged in agricultural pursuits, whether I shall be here to-morrow or not. to have a vacation, if possible, during the If I am not under medical treatment, I shall harvest time. We have, therefore, no time be here to-morrow; if I am, then I shall not to lose in the discussion and disposition of be here. I do not think, however, that the this matter. Let us go on, and peradventure Convention ought to adjourn over whether I we can finish it next week. And if we do am here or not; I therefore vote " no." get through, and the gentleman from Balti- The PRESIDENT directed the Secretary to more county, (Mr. Ridgely,) submits a mo- read the 25th rule, as follows: tion next Friday to adjourn, I will support c" No member shall absent himself from the it. But let us keep on, now, and do this service of' the Convention unless he have work, if possible. leave, or be sick, or unable to attend. Mr. ECKER called for the yeas and nays, The motion that when the Convention adand they were ordered. journ to-day it be until Monday next at 12, The question was then taken by yeas and M., was accordingly adopted. nays, and resulted yeas 39, nays 38, as follows: Yeas-Messrs. Belt, Berry, of P. Geore's, LEAVE OF AB Blackiston, Bond, Briscoe, Brown, Chambers, Mr. PETER. I have received a letter from Clarke, Crawford, Dail, Davis, of Charles, my family, stating that some of them are Dennis, Duvall, Edelen, Gale, Hatch, Henkle, sick. If they are well enough I will retirn Hollyday, Hlopkins, Horsey, Jones, of Cecil. on AI nday or Tuesday. But if I shall go Jones, of Somerset, Lansdale, Larsh, Lee, home'l should like to remain with my family Mace, Marbury, Mitchell, Miller, Morgan, until they are better. I therefore ask leave Parran, Peter, Ridgely, Sands, Schley,Smith, of absence until Thursday next, promising to of Dorchester, Todd, Turner, Wilmer-39. be back sooner if I can. Nays-Messrs. Goldsborough, President; Leave was accordingly granted. Abbott, Baker, Carter, Cunningham, Cush- Mr. TODD. I received a letter this morning, Davis, of Washington, Dellinger, Earle, ing requiring my presenc e mas soon Ecker, Farrow, Galloway, Greene, Hebb, as I can get there. I therefore ask leave of Hoffman, Hopper, Keef'er, King, McComas, absence until Thursday next. Mullikin, Murray, Negley, Noble, Nyma,, Leave was accordinglyv granted. Parker, Pugh, Purnell, Robinette, Russell, On motion of Mr. ITNGScott, Smith,of Worcester, Sneary, Stirling, The Convention then adjourned. 561 THIRTY-SIXTH DAY. can only be reached by a motion to reconMONDAY, June 20, 1864. sider TIOMS moved a r.consideration oft Mr. T-IOMAS moved a reconsideration ofThe Convention met at 12 o'clock, M. the vote just taken. Prayer by the Rev. Mr. Owen. Mr. CLARKE. I would rise to a point of The roll was called, and the following mem- order. I would ask if the gentleman voted bers answered to their names: with the majority. Messrs. Goldsborough, President; Abbott, Mr. THOMAS. I did not vote at all, if I Annan, Audoun, Baker, Barron, Belt, Berry, had voted I should have voted in the affirmaof Baltimore county, Berry, of Prince tive for the reference. George's, Billingsley, Blackiston, Bond, Bris- Mr. CLARKE. I have no doubt if the gencoe, Brown, Carter, Chambers, Clarke, Craw- tleman had said nothing at all, the presump-'ford, Cunningham, Cushing, Daniel, Davis, tion would have been that he had voted with of Charles, Davis, of Washington, Duvall, the majority in the negative. But I think it Earle, Ecker, Edelen, Farrow, Galloway, is carrying the law of presumption further Harwood, Hatch, Hebb, Henkle, Hodson, than I have ever heard, to assume that the Hoffman, Hollyday, Hopkins, Hopper, Hor- gentleman voted with the majority, in face sey, Jones, of Somerset, Keefer, Kennard, of the declaration that he had not voted at King, Lee, Marbury, McComas, Mitchell, all. Miller, Morgan, -Murray, Nyman, Parker, Mr. CusmING. In order to rid the subject Parran, Pugh, Purnell, Robinette, Russell, of any embarrassment I will move a reconSands, Scott, Smith, of Dorchester, Smith, sideration. I did not vote in the affirmative, of Worcester, Sneary, Stirling, Stockbridge, and the gentleman from Prince George's, Sykes, Thomas, Valliant, Wickard, Woo- (Mr. Clarke,) has told us that the presumpden-69. tion. is that I voted in the negative. The journal of Friday last was read and Mr. BERRY, of Prince Georges, called for approved. the yeas and nays on the motion to reconMISCELLANEOUS. sider. Mr. HfATCH offered the following: Mr. CLARKE. I rise to a point of order; Or.lered, That the following article be re- this presents a new question. I understand ferred fo the Judiciary Committee: that our rule requires that a member moving "That no officer of the Federal or State a reconsideration must have voted with the Government shall be held responsible for anly majority. act done by him under the authority of the Mr. CusHING. The gentleman said that Federal Government, provided said act was the presumption was that I did so vote. in conformity with such authority." Mr. CLARIE. When a witness is upon the The question was taken upon the adoption stand, the law does not admit presumption, of the order, and it was declared to be re- as the party himself is the best evidence. jected. Presumption comes in only when the best Mr. HATCH called for a division of the evidence fails. House upon the question. The PRESIDENT.. The, chair supposes that The PRESIDENT. It is too late to ask for a the gentleman from Baltimore city, (Mr. division; the result of the vote has been al- Cushing,) voted in the negative. ready announced. Mr. CUSHING. I have not said that I did Mr. STIRLING. My impression was that the not. universal custom in this House has been to Mr. PUGH. I am here, as a member of this refer every order of this kind to a Committee, Convention. I did not vote upon the adopas a matter of courtesy. tion of this order; that was my fault, probMr. BERRY, of Prince George's. My ob- ably. The majority of this House cast a cerjection to the order is that it does not con- tain vote. Now I raise the point, whether it form to the form of those orders which are is not fair to presume that all the members, usually referred to our committees. I have who are silent in a deliberative body when a no objection at all to any latitude being vote is taken, are with the majority. For given to memners of this Convention in re- instance, when a bill is on its passage in the ferring anything they may desire to have Legislature, it very frequently happens that referred to committees for inquiry. The or- no one votes, no one answers. But it is preders heretofore have read-that the commit- sumed that every body voted "aye," not tee be instructed to inquire into the expedi- I no"-voted with the majority. Yet acency of inserting such or such a clause into cording to the point raised by the gentleman the Constitution. But this order is entirely from Prince George's, (Mr. Clarke,) if any different, and if we vote for its reference, it one wanted the passage of' such a bill reconmn-ight be construed that we were in favor of sidered, it could not be done, because no one inserting that article as a part of the Consti- when asked the question, could say he had tution of the State. voted at all, and consecuently no reconsidThe PRESIDENT. The vote upon the adop- eration could be had, and the bill would betion of the order having been announced, it come a law beyond any chance to reconsider 562 it, merely because when the presiding officer or any power whatever, provided he acts in put the question no one said anything. accordance with instructions he may get from Mr. DAVIS, of Charles. If I understand the Federal Government. the argument of the gentleman from Cecil, The PRESIDENT. Does the gentleman from (Mr. Pugh,) it is that if five members answer Prince George's (Mr. Belt) move a reconsid"aye" and ten members "no," the Presi- eration? dent must decide that the motion is lost. Mr. BELT. I am making a personal explaMr. PUGH. Not at all; just the opposite- nation; I ask it as a privilege. Our object is those who did not answer are to be presumed to preserve the liberties of the people. to have voted with the five. Mr. PUGH. If that side of the question is The PRESIDENT. The gentleman firom Cecil to be discussed, it would be but fair to have (Mr. Pugh) disclaims having voted at all. the other side discussed also. Mr. PUGH. And by not voting at all, is Mr. CLARKE. I have heretofore voted unisupposed to have assented to the majority. formly to refer all orders to committees, if it The PRESIDENT. I do not see how the Chair is a mere order of inquiry. If the gentleman has any authority to presume how a member (Mr. Hatch) will amend his order so as to would have voted. make it a mere order of inquiry, I anm perfectly Mr. CusHING. I have not stated how. I willing to move a reconsideration. voted, or whether I voted at all. Mr. HATCH. That is all I intended my orThe PRESIDENT Upon the inquiry being der to be. made by the President, it is incumbent upon Mr. STIRLING. I think it is merely an orthe gentleman to state to the House if he der of inquiry. I would not have voted for voted in the majority. If he did, then he is it, if I had thought otherwise. entitledto move a reconsideration. Mr. CLARKE. I move a reconsideration. I Mr. CUSHING. I would make an inq.uiry am willing that all these propositions should for information. If a member does not vote be referred to appropriate committees. in the minority, how does he vote, whether he The motion to reconsider the vote rejecting says anything or not? If he does not vote in the order was agreed to. the minority, how does his vote count? The'question was upon agreeing to the The PRESIDENT. If the vote is five in the order. affirmative, and ten in the negative, the ten Mr. HATCH amended the order so that it votes decide the question. should read as follows: Mr. CUSHING. I stated in reply to the Ordered, That the Committee on the Judiquestion of the gentleman from Prince ciary be instructed to inquire into the expeGeorge's, (Mr. Clarke,) that I did not vote in diency of inserting in the Constitution an ar-. the minority. tide providing The PRESIDENT. The Chair having presumed " That no officer of tile Federal or State that the gentleman from Baltimore city (Mr. Government shall be held responsible for any Cushing) voted in the majority, entertained act done by him under the authority of the his motion to reconsider. Having found out Federal Government, provided said act is in he was mistaken, he reviews his decision, and conformity Awith such authority." decides that the gentlemnan is not competent The order was then agreed to. to move a reconsideration. Mr. VALLIANT submitted the following orMri. BELT. I voted against the reference of der: this order-being the first time I have given Ordered, That on the day of final action on such a vote since I have had a seat here. I the Bill of Rights, on its second reading, this did so not out of any lack of courtesy to- Conventiw adjourn to meet - - day of wards the gentleman who offered it, or from -., at 11 o'clock, and that from any desire to separate the reference of his the day of adjournment to the day of reasproposition from those of other gentlemen. sembling, the members and officers shall be I voted against it, because, although willing allowed not more than four days' pay. to allow the utmost latitude in these matters, Mr. VALLIANT asked that the consideration I am opposed to the reference of any proposi- of the order be postponed until to-morrow; tion which in itself is inconsistent with the which was agreed to. position which we all occupy here as a Constitutional Convention. Now, if it were proREPORT. posed to refer to the Committee on the Judi- Mr. HOLLYDAY, fi'om a minority of the ciary, or any other committee, the proposition Committee on the Legislative Department, that we should adjourn without performing submitted the following report, which was the work we rere sent here to perform, I read: should vote against it, as totally inconsistent The undersigned, the minority of the Comwith the object for which we were sent here. mittee on the Legislative Department, reThis proposition is that anybody holding an spectfully beg leave to report, that they disoffice, or presumed to hold an office. under the sent from the report of the majority of said Federal or the State Government, shall be at committee made to the Convention, in the liberty to perform in this State any functions following particulars, viz: 563 First-The undersigned recommend, instead quire that we search history to ascertain the of the 40th section of the majority report, operations of the past policy of the governthe adoption of the following section, viz: — ment before we act uponl this question; but The General Assembly shall have. power to the place where we are gathered together pass such laws, and make such appropria- should be considered by us also, for it is of tions, as may be necessary to compensate vital importance in the determination of this owners of such slaves as shall be emancipated question; and not only that, but the object for from servitude by the adoption of this Con- which this Convention ought to have assenmstitution. bled, if not the object for which it has assemThe undersigned also differ with the ma- bled, is another matter of vital consideration, jority, as to the propriety of adopting the of paramount importance. 46th and 47th sections as reported, and they Why; sir, look at the position of the State recommend that those sections be rejected. of Marylend. I mean not only her social, Respectfully submitted, moral, intellectual, and physical condition; GEO. J. HOLLYDAY, but look at her geographical position. SituW. H. GALE, ated in the very centre of the old Union, she JOHN TURNER. has been very appropriately called the heart Read the first time, and ordered to be of the Confederacy; and every pulsation of printed. her heart in all time past has been for the glory and the general prosperity of this DECLARATION OF RIGHTS-EMANCIPATION. country. She has been guided in her policy, The Convention then resumed the consid- in her acts of statesmanship, by no obsequieration of the order of the day, being the re- ous truckling to power in any shape or form. port of the Committee on the Declaration of She has in all times past considered the honor, Rights, which was on its second reading. the dignity, the prosperity of every State in The 23d article was under consideration, this Union as partially within her keeping. being as follows: And she has scorned every aspersion upon the' That hereafter, in this State, there shall honor, the character, the interests, and the be neither slavery nor involuntary servitude, position of every State in this Union. Removed except in punishment of crime whereof the from the influences of the two extremes of the party shall have been duly convicted; and country, removed from the influence of the all persons held to service or labor as slaves fanaticism of New England, and from the inare hereby declared free."'' fluence of the extreme fire-eaters of the South, Mr. MARBURY. Mr. President, the time, it has been her pride to receive as her charter the place, and the object for which this Con- the Constitution of the United States, and vention assembled, afford ample scope for that Constitution alone-a Constitution dephilosophizing on the vicissitudes of fortune, claring the equality of the States. The place which spares neither man nor the proudest of then, the geographical position of Maryland, his works, which buries empires and cities in is such that in approaching the discussion of a common grave. The time was when this these vital questions-questions which have now ancient commonwealth was the hunting divided parties from the foundation of the ground of the Indian, and commerce and government down to the present day, and manufactures and all the arts and advantages which have always been settled by gaining of civilization would have been then looked the influence and support of one section, upon as innovations upon the rights of man. either through interested or other motives Civilization came; behold the change. Beau- equally selfish-in approaching the discussion tiful cities and towns have grown up in the of these questions we must donsider the fact wilderness. The hum of business is heard all that a State which occupies the position around. Refining influences are gathered which the State of Maryland does at the preabout the hearthstone. The temples of God sent time, surrounding the capital of the point their spires toward Heaven, where the country, is a State not to be rudely and roughly people have been accustomed from time im- treated in the present condition of the counmemorial to pray to God for civil and reli- try. Her past history does not justify it; gious liberty. Now, when we look upon her present position will not permit it. these mighty changes that have taken place Would you have congregated in your from the early history of the country, when cities, as now about Washington; would you we consider all the great improvements that have upon every thoroughfare in your State have been made in art, in science, in agricul- vast armies of paupers, men, womnen, and ture, when we consider that at this time we children, thrown upon the cold charities of are brought together here in Convention for the world without any sort of provision for the purpose of legislating for the general weal their future welfare? Would you plant in of the State, it becomes us, it seems to me, as the bosoms of all that: host an eternal hate, sensible men not to disregard the history of which time might to some extent ameliorate, the past in making history for the future. but which time never could extinguish? If And not only does the time, not only do the you would have the affection of the people of improvements and operations of the past re- the State of Maryland, if you would have her 564 rallying around the Constitution as she has doing so you must have no regard to the inalways done heretofore, then the policy of terests of men, women, and innocent chilthose who are in authority in this State, and dren-although it was of such enormity that out of this State, must be to preserve that it made him blush when he held up his head Constitution intact. Destroy the portion of before white men-although it was an enorit that protects her citizens and their property mity of such magnitude that they even blushed and you will at once strike a blow from in the face of the civilized world notwithwhich, if she be not able to strike back, she standing they used all these epithets in rewill at least imbibe that spirit of hatred which gard to an institution which has existed from is utterly incompatibly with the successful time immemorial in this State, they yet failed administration of a republican government. to cite one single authority from the Bible, The object for which this Convention as- from Genesis to Revelations, to show that the sembled was to frame a better organic law Saviour, or any great teacher therein menfor the State than the one she at present has. tioned, had ever been able to perceive the I presume'that there is no sane man who enormity of this evil. But they seemed to would desire to touch one article of it if it rely with peculiar emphasis upon the particwas presumed that we were to make a worse ular color of the people of my portion of the one. The object is to make a Constitution State, and of the Southern States generally, for the State of Maryland for all time to in support of their argument. They seemed come, which will do full justice to all of its to gloat over the idea that upon comparison citizens. If so, I presume that there is no the Northern States would appear to much gentleman in this I onvention who will for a greater advantage in this regard when commoment assert that it is the duty of the mem- pared with the South, when the relative popbers of this Convention to frame a Constitu- ulation of mulattoes was taken into considertion which shall raise up, elevate, and benefit ation. Upon that subject I would merely one class of citizens to the exclusion and det- ask the gentleman to go to the statistics, as rirnent of another class. I suppose that there I compiled by a man evidently sympathizing is no gentleman in this assembly who would i with the abolition of slavery. They will advocate such a policy as would afford ample there find that the proportion of mulattoes protection to one species of property, and en. i at the North was more than double that of tirely destroy another species of property. the South in the year 1860, and it is increasAnd more especially would I consider that ing at the same ratio up to this time for no clear minded mlan would in his own con- ought I know. As for my own county, I ceit, in his own judgment, suppose he had a challenge any man to go through the length right to destroy a species of property which and breadth of that county. take any farm had stood the test of time for centuries past, on it, and if he does not find there is more which had had the support of all the best iniquity of that description in one single men throughout this continent, which had county in Pennsylvania or New York than he had the universal support of all the people will find in the whole southern counties in in the State of Maryland; a species of pro- this State, then I will give up the argument. perty, the title to which runs back so far that If the Bible does not say this institution of there is no record evidence of the beginning slavery is a sin, to wheat law or authority of it. will gentlemen appeal? That great writer I say, then, the object for which this Con- on ecclesiastical polity, Hooker, has said vention assembled is to make such a Consti- " the law has its origin in the breast of the tution for the State of Maryland as will pro- Almighty, and its voice is the harmony of tect the interests of all the people of the the world." Now, sir, if that law does not State. and afford ample protection to all the tell us that there is any sin in the institution interests of all the citizens of the State. With of slavery, per se, if that law on the contrary this preface I shall very briefly review some clearly recognizes it as entirely compatible, of the arguments which have been offered to with good morals, as the authorities which show that the institution of slavery ought have been cited here on former occasions, aunot longer to exist in this State. thorities which ma-y be found cited in this The gentleman from Caroline county, (Mr. famous book of Bishop Hopkins, will abunTodd,) and I believe the gentleman from dantly testify —that slavery has been univerTalbot, (Mr. Valliant,) said that the great sally recognized by the Bible and throughout argument-and they seemed to raise them- the world from the beginning of time; I ask selves up to the very height. of the argument- again, if God's law does not make slavery that the great argument against the institu- sin, what law does? Brat if there is anything tion of slavery was its immorality. But they waniing in the book of Bishop Hopkins upon admitted also that although there was this that subject, our own high dignitary in this great immorality, this crying sin attending State has said that slavery rests not only the institution-although it was a great in- upon the feudal law, not only upon the civil cubus upon the people of the State of Mary- law, not wholly upon the one or upon the land-although it was that Upas tree which other, but upon both-that its foundations must be torn up by the roots, even though in are coeval and coextensive with the common 565 law itself, or as Lord Coke quaintly ex- person. The rights of allegiance and propresses it,' runneth back to the time whereof tection are reciprocal rights. If a man owes the memory of man runneth not to the contra- true allegiance to the State of Maryland, the ry." Thetitlethatwe have in theijstitution of State of Maryland is bound to protect him slavery is then a perfect one. We have the stat- in his rights, both of person and of property. ute laws of tht: State; we have the decisions of That is a universally admitted principle of the highest judicial tribunals; we have the law. Unless the government of this State moral law; we have precedents from the begin- shall show that the citizens of this State have ning of time; we have the universal recogni- thrown off their allegiance, the Government tion of the institution throughout the world, is bound to protect them. And I say, then, to show that the title is a vested one, and a per- that the fact that the slave is not as profitafeet one. Now, sir, where is the power in ble now as formerly; the fact that the slave this State to divest that title? Upon what has it in his power to abscond at any moground can any authority in this State, either ment, is only accountable for by the reason through the agency of a Convention or other- that the government of the State has not wise, destroy this property. The Constitu- done its duty. The market statistics show tion of this State, of all the States, recog- the products of slave labor in this section to nizes the universal principle of all good gov- be trebly valuable over what they have been ernment, that private property cannot be for many years past. If we had had a Govtaken even for public use without just com- ernor here who had the will to determine pensation. at all hazards that the laws of the State Bnt independently of that, you must first should be executed, who possessed the boldestablish the necessity for taking the pro- ness and the daring to have stood up and perty, before you can take it; either the in- asserted and maintained the rights of the terest of the State, some great public emer- people of the State; had the Executive of the gency, some great crying evil to be done State sent, if necessary, his military down away with, soal e great physical, moral, or into the slave counties; had he thrown a political good to beaccomplished-you must cordon of troops around those counties and establish some one or all' ot these facts before said —'' This species of property shall be proyou can touch the private property of indi- tected"-no power in the United States viduals. Now, is there any such public neces- would have in terfered with it for a moment sity in the State of Alaryland? Is there any The argument used at Washington when this great necessity why this species of property property was fleeing into that city wasshoed be stricken down at one blow, whilst " This is not our business; if you have not every other kind of property is amply pro- now sufficient protection for property, look tected? Why strike down this property to your government for it; if you cannot which we have shown fiom time immemorial keep them at home yourselft apply to your has received the especial protection of all the Governor for sufficient force to enable you legislators of this State, because in its nature to do it." That was the universal reply there. it required it? Not that the legislation of I say, then, -that this property, so far from this State has been for the peculiar protection being valueless under the law of the State and establishment of the institution of slave- to-day, is worth more to the people of Maryry; but the guards and protections thrown land than ever before. If gentlemen act around the institution have been such as were upon the theory that because they have not not thrown around other species of property, a thing directly in their possession therefore because in its nature it required it. Itseems it is worth nothing, then they might witl to me in attempting this deed gentlemen are equal propriety say that this U, ion which is assuming too much power, and have too extra- now split in twain is worth nothing to them, vagant an estimate of their own wisdom. Now, and they ought to let it go because they have is there any such public necessity in the State of not now got it, and iprob:tbly cannot regain Iaryland that requires this action at our possession. Now, when our people are proshands? The people here, as we have seen, are perous with this institution, when this proprosperous. They would to-day, with their perty is valuable, there is no great publis slave property at home, protected by the laws necessity that requires that it should be deof the State, be in a thousand fold better condi- stroyed. On the contrary, there are reasons tion to bear the burdens of the taxation of piled up, like Pelion on Ossa, dating back to the Government than they are now. the earliest history of the country, showing But it is said, in reply to this, that the pro- that this pioneer institution has developed perty is gone; that this property cannot be the resources of the State, and that if this held; that a slave can go to his master and property had been let alone; if the guards of say-" Well, I will go to-morrow'-and the the Constitution had been strictly observed; master cannot stop him; and a slave who can if that protection which the State of Marydo that is no longer a slave. Now, sir, the land when she went into the confederacy duty of the Government in this State, as stipulated should be afforded her had been I conceive it to be under our Constitution, is strictly given; if there had been no outside to protect every man in his property and his intermeddling interference; if the people had 566 been left to exercise their own free will and show that they have been looked upon as judgment in the management of their own af- having taken false positions, and as having fairs; the State of Maryland, with the insti- acted contrary to the opinions of the wisest tution of slavery, would have grown up to men of the country, it is only necessary for be one of the greatest States, in point of me to refer to some of the standard authoriwealth and intellicenrce, in the country. ties of both sides-of both parties at the There is then no public necessity, so far as North on this subject. Some of them have the State of Maryland is concerned, to abolish gone so far as to say that if the North were the institution of slavery. to violate the spirit in which this Union was NowT sir, has the Federal Government any formed, and if they were to break up this power to abolish slavery? There is but one Government for the institution of' slaveryway in which the Federal Government can if we have to depart from the old principles take possession of private property, and thatis of the Constitution, if the North departed when the public necessities of the Govern- from the old principles of the Constitution ment require it; when the general interests and determined to violate that Constitution, of the country require it; when some great the Southern States would be justifiable even military necessity overpowers and overrides in dismembering this Union. every oth r right and title to property. Then, What does Mr. Everett say? He says in a and then alone, has the Federal Government speech in Fanueil Hall, as late as February the right to take private pr'operty. But so far 2, 1861: from there being any such public necessity'"To expect to hold fifteen States in the for taking the property of the citizens of the Union by force, is preposterous. The idea State of Maryland, I have shown that the of a civil war, accompanied as it would be geographical position of the State of BMary- by a servile insurrection, is too monstrous to land Would render it incumbent upon the be entertained fbr a moment. If our sister Federal Government, if it consulted its own States must leave us, in the name of Heaven interests, to let the institution alone here. let them go in peace." There is no public necessity requiring And what does Hon. Joseph Holt say in anv interference on the part of the Fede- respect to this right of the people to protecral Government to destroy the status of tion of person and property? I-He took the the institution of slavery here. There ground that if the right to this property was may be a necessity to take private pro- not strictly observed, and the States deterpeaty in the shape of able-bodied men; and mined to have it preserved at all hazards, then it can only be done after full and just and after exhausting their constitutional compensation. If then the General Govern- remedies, found they could not get sufficient ment, considtering its position, has a strong protection and determined lo go out of the inducement to let this institution alone, if Union-does Mr. Holt say that the power of there is no overriding necessity to destroy it, the Government should be exercised to force I take it the Constitution itself, in that arti- them to'submit to any oppressive act-does cle which says that private property cannot he say they should be forced to submit to be taken for public use except after just com- those laws nolens volens? On the contrary, he pensation-that article places beyond all says the concentration of all political rule at doubt how this question should be deter- Wctshington cannot but be regarded as the mined. last calamity: This question has been a cause of excite- " The organization of a sectional party, is ment with the Federal Government, and with a step, and a startling step, gained towards the legislators of the Federal Government for that centralization which, as a fathomless years past; I admit all that. But there have gulf, is ever yawning for your federative sysbeen a great many other exciting causes. The tem.::' The concentration ot all tariff question has been equclly an'exciting political rule at Washington cannot but be cause. But does it follow that because this regarded as the last calamity which could bequestion has divided the people of' the coun- fall the land which we all love so much. try, and because the ablest men of the coun- a t' 5' Beneath the intense heat of try have been divided upon it, does it follow that new born sun, your liberties would therefrom that the institution itself must go wither away as withers the green herb amid down as soon as there seems to be an appa- the scorchinog sands of the African desert."'' rent numerical power sufficient to put it And what does Mr. Blair, the elder, say? down? I trow not. But to show how and He says: why it is that the institution of slavery has "~ Under no possible emergency, not even so long been the bugbear of the abolitionists in insurrection or'mid the throes of civil of the Norlh; and why they have so long at- war, can this Government justify official intempted to b eak down all these great land- terference with the freedom of speech or of marks of the Cotstitution, and why they the press, any more than it can with the freehave never, either at this day, or at any other dom of the ballot. The licentiousness of the day, been willing to observe the constitu- tongue and of the pen is a minor evil compared tional restrictions upon that subject; and to with the licentiousness of arbitrary power." 567 Showing that the violation of all the es- those derived from the exchange of Northern tablished principles of the Constitution, the products have contributed less than half that evils which would result from their violation sum." would be far greater than the evils which Mr. Puma. Will the gentleman inform me would result from their reeognition-and from where he got that extract? justly so. Mr. MARBURY. I got it from some newsBut it is said that the slaveholding States paper; I do not recollect what one now. But of the South have not contributed as much I have compared it with the official statistics to the wealth and prosperity of the country of the United States Government, and find it as the other States have done; that they have to have been correctly taken fiom them. So kept down this glorious Government;that that for forty years, from 1821 to 1861, the great as has been our fame, high as has been Southern States have contributed more than our position as a nation, in comparison with double what the North has to the wealth and other nations of the earth, it would have prosperity of the nation. Aye, sir, they have been infinitely greater if we had only done all this; they have made this contribul abolished slavery in the South and adopted tion freely and ungrudgingly, and all that the policy of the North. Now, there are some they have asked in return for it was to be let statistical facts which must be referred to tO alone in the enjoymeit of their domestic instisettle this question, statistics compiled under tutions. They have said to the free States of the supervision of a thorough, out-and-out, the North, you shall have every guarantee sympathizer with the abolition of slavery. you mnay require for your property, you shall What do these statistics sh':ow? I take this have our armies and our navies, and our from a newspaper, but I ha',e compared it property to protect you in your rights of perwith the original, and find it to be correct. son and property, and we will cheerfully aid It is as follows: you to bear the flag of conquest over the " Return from the Treasury Department at whole Western continent. They have said Washington, showing the value of the Ex- that they would cheerrflly enable the North ports for forty years, fromn 1821 to 1861: to maintain the honor, the dignity, and the Total United Staies Exportsfor Forty Years: prosperity of the whole country, and they Cotton......... $2,574,834,991 have never asked one solitary favor from the Tobacco.,....;..... 425,11l8,067 North. On the contrary, they have given Tobacco. 1....~ 425, 118,067 Rice.............. 8,854,511 oceans of money for the purpose of building Naval Stores.......... 110981296 up the codfish aristocracy of' New England. Food..... 1,006951335 But I will say in passing, in regard to what Gold............. 458,588615 is called the slave aristocracy of the South, I Crude Articles, 458,588,615 leave it for historyi to compare it with the codManufactures, fish aristocracy of New England. &c.............. 892,00,457 And while I am on this subject of what the -,-5569,339 272 South has done for the North, and the com-, 1 parative merits of the two sections, I hope I Exports from the South exclsively for Forty may be pardoned for reading another short Years: extract, which every member of this ConvenCotton......... $2,574,834,991 tion will see bears the stamp of truth upon Tobacco......... 425,118,067 its face. Says a celebrated writer: Rice............ 87, 854,511 " Let it be remembered: 1. That by reason Naval S ores... 110,981,296 of the selfish, mercenary greed of New EngO n e-t h i r d of land in keeping open the slave trade, we are Food........ 335,650,411 now suffering fully one-third the infliction 40 per cent. of caused by our negro population. 2. That by Gold.......... 183,588,615 reason of the protection afforded by discrim-- $3,718,027,891 inating duties to her shipping and her mannuExports from the North......... 1,838,311,381 factures, she has had the comparative mo-..... — nopoly of the richest, most bountifial market Amount of duties received on in the world, until she has grown insolently Imports for forty years: rich, even to repletion. 3. That by her dexTotal........................ $1,191,874,443 terity she obtained and many long years has - enjoyed a bounty paid by the Federal GovOf which the South's propor- ernment on her codfish, and still continues to tion was....................... $799,508,378 enjoy that bounty, whilst buying the salt And the North's proportion with which she cures her fish in the British was............................... $392,366,065 Provinces, without paying any duty therefor to our Government. 4. That by: her gross From the above table it will be seen that disloyalty during the last war with England, Southern products have contributed to the and by recklessly driving forward with presupport of the Government nearly $800.- cipitate greed her selfish policy of a protecCG00,00 in the shape of customs duties,.while tive tariff, she brought the nation to the verge 568 of civil war during the time of President it is to the interest of the people of this counJackson, and first caused at the South sec- try not to accumulate these debts, not to pile tional alienation and unfriendly feeling to- up this mountain of debt that is to fall upon wards the Union. 5. That by her ceaseless the laboring classes, upon the agriculturists agitation of the slave question, with her per- of the country; and not to take away the sistent efforts to interference with a subject means of cultivating the lands upon which over which she had no constitutional right of those taxes are to fall. I have neither heard control, coupled with her blasphemous denun- nor have I seen any suggestion either in this ciations of the Constitution and the Union, hall or elsewhere, neither in the pulpit, before she has been mainly instrumental in inflicting the people, nor from the pen, as to what subupon the nation the terrible disaster under stitute there is to be provided for this species which we are now suffering. 6. That after of labor. wantonly'provoking the South into hating That is a grave question that gentlemen and despising her, she is now seeking to wield have to deal with. The land is the foundathe whole power of the nation to punish that tion upon which all these taxes must rest. It hate and contempt by Southern extermina- is out of this land, after all, that the Federal tion, or by preventing a restoration of the Government is to be supported and enabled to Union, under the pretext of fanatical zeal in carry on this war. It is out of this land that behalf of human freedom, whilst all indul- it is to be enabled to protect its integrity at gence of such frantic zeal, hate and vengeance home and abroad. If you accumulate tax is in direct violation of her duties under the upon tax, if you constantly tax your wits to Constitution. 7. That conscious of her in- conjure up the ways and means of accumuability legally to inflict upon the South, in lating these taxes upon the poor man and the any other way, the ruin of immediate, un- landholder, you will finally goad them on to compensated emancipation, she now seeks its desperation, and there is no telling what will accomplishment by an amendment of the Con- be the consequences. In my humble judgstitution. ment it will be far greater, far more fearful "To accomplish this purpose New England in its results than anything which has vet has to uproot the great fundamental compro- transpired within the history of this country. mise which is the very basis of the whole T'he Government has laid down a policy to Federal structure; that' exemption of State make the rich richer, and the poor poorer. It institutions from Federal control, whose in- is a policy calculated to break down the laborviolable sanctity was the very object of that ing man-build up the rich man. Is not that equal vote in the Senate, which the Constitu- aristocracy, to elevate the rich man and clothe tion irrepealably guaranteed to her smnall him with purple and gold, and feed him States." sumptuously every day, and enable him to I wish that to go on the record as convey- give his ten or twenty dollars for a bottle ing my view of what has brought about the of wine, as easily as the poor man could present unhappy condition of things, and I give tell cents for a loaf of bread? And what I consider to be the relative position of this glorious policy of the Government is to the North and South in this subject. New be fostered and encouraged by the people of England, the chief beneficiary of the Union, is the-State of Maryland. the aggressor; New England has it in her Now, I think if gentlemen insist upon inpower to take the magnanimous position of! corporating this article into the organic law peace maker. Iof the State, and then go before the people of In conclusion, I would say that this im- the State with that Constitution, no matter mense debt which has been created by the how perfect it may be in other respects, unFederal Government, and which has fallen less they go with a company of soldiers beupon the people of these United States like an hind them, ready to back them up in any avalanche-this crushing weight of debt is to position they may assume at the polls or elsebe borne bay the laboring man, the mechanics where, we shall be able to defeat it by overand agriculturists alone of this country. The whelming numbers. And except for the prinmen of capital and means who can command ciple that I should violate, I do not know but large sums of money, will not feel one par- I might be induced to vote for it as a matter tide of the burdens of this war. Have not of policy, in order to insure the.defeat of the the United States Government already issued Constitution which may be framed here. The bonds not taxable? And does not every people of Maryland are not yet so lost to capitalist in the country put his money into every sense of justice, to every sense of huthose bonds? And collecting his interest manity; they are not so entirely insane upon regularly, he goes scot free of this taxation. all principles of right and wrong, as to supBut the farmer, the man who tills the soil, pose that a body of men, some forty, or fifty, who has his capital locked up in land; the or perhaps sixty in number, representing laboring man has to bear this burden, be- about one-fourth of the people of the State, cause they have no capital to put in these can come here in Convention, and assume to bonds. They are the tax payers. So I say it themselves the power to change the whole oris to the interest of the people of this State, ganic structure of the State for the last hun 569 dred years. No, sir; the people have their puted articles now for the first time sought eyes open now; they are thinking; and when to be incorporated in the organic law of Mayou come to present this question to them at ryland, had received the sanction of a majorthe polls, they will act, and they will act so ity of the committee, and even of a majority as to maintain their past character for honor, of the members of this House, ere they had justice and integrity. seen the light of' the committee room. Mr. EDELEN. I rise not without some de- This reflect;on hangs heavily upon me; it gree of embarrassment, to address the House represses that zeal and earnestness which a upon the proposition under discussion. I different state of things is so well calculated am a stranger to legislative halls. This to inspire; it paralyzes my energies and place knows mne for the first time. Whenever makes me almost hesitate to enter the arena I have heretofore essayed my feeble powers of of this debate. public speaking it has generally been in the I fear, sirI, that I engage in a fruitless task, forums of' justice, before enlightened and im- that I embark upon a hopeless mission. partial courts and juries where the intellect Like the seeds that fell by the way-side upon has full, free and unrestrained scope, and the rockls, and withered and perished, I fear where opinions expressed and arguments ad- the ideas that may be advanced by me will vanced re6eive their full and just considera- find no genial soil wherein to vegetate, and tion. Though oftentimes the chances were will be dried up and consumed among'the against me, and my cause almost desperate, raging fires of partizan prejudice and hate. still I had the hope to cheer and buoy me up, When I survey the difficulties that stand in that victory after all might perchance rest'my way I hesitate to enter this unequal conupon my banner. I rise to-day, I regret to test. But when I recall the words of wissay it, under no such encouraging auspices. dom addressed in the language of poetry to Whithersoever I look, wheresoever I turn, the timid and faint hearted, I hesitate no I cannot divest myself of the unwelcome re- longer. flection that you who lend me your attention do it as a thing of course, as a matter of The wise, tebrave, a hi, as a matter of'When the fierce storms of fortune round them courtesy, (which I take this occasion to say has always been extended to me, and so far roar, a s my obseratin has gone to every gentle- Combat the billows with redoubled force; man on this floor.) Then, if they perish ere the port is gained, man on this floor.) I cannot dismiss the embarrassing thought They sink with decent pride; and from the that the case has already been prejudged and deep settled. That although I might sek with Honor retrieves them bright as rising stars." settled. That although I might speak with an eloquence such as never fell fronl the lips Sir, I take counsel from, the words of the of mortal man, might carry conviction to poet; as "' the fierce storms of fortune round your. minds in breathing thoughts clothed in me roar," I shall'' combat the, billows with words that burn. Although I might adduce redoubled force," and " if I perish ere the argument after argument, pile them mountain port is gained," as I know I must, I trust I high, as high as Ossian piled on Pelion, still shall at least sink with " decent pride." I cannot reasonably hope to induce one mem- Before proceeding to an examination of the ber of the majority side of this House to re- question, I must be permitted to express my cord his vote aga.inst the incorporation of great surprise and astonishment at the charthis article in the bill of rights. acter which this debate has thus far assumed. Sir, the jury have already agreed upon I had hoped and believed that no one partitheir verdict, though the clerk hath not yet cipating in this discussion would have taken recorded it. I do not speak unadvisedly and the ground which the two gentlemen who at random on this point. Apart from the in- have spoken on the majority side of the timations that have fallen frequently on my House have seen fit to occupy. ear from this side of the Hall, on one occa- I was not prepared to hear upon this floor, sion from the gentlemen from Frederick, (Mr. in the capital of Maryland, such sentiments Schley,) taken up and echoed back by the announced as fell from the lips of the gentlegentleman from Baltimore city, (Mr. Abbott,) man from Talbot, (Mr. Valliant,) and the to the effect that they had been sent here by gentleman from Caroline, (Mr. Todd.) I had the people of Maryland, charged with the ex- supposed that this question of slavery would ecution of certain work, which they stood have been examined and discussed in its willing and prepared to do and to do speedily. great social, political and material aspects. The chairman of the committee from Bal- But the whole burden of the very carefully timore city, (Mr. Stirling, ) in the very able prepared argument of the gentleman from Talspeech madeby him a few days since in ad- bot, (Mr. Valliant,) was that the institution vocacy of the 4th article of' the bill of rights, of slavery was condemned by the Divine declared, in answer to some strictures that: Law as contained in both the Old and the fell from my honored and venerable friend New Testaments. The gentleman from Carfrom Kent, (Mr. Chambers,) that he had no Ioline, (Mr. Todd,) in the opening of his disposition to conceal the fact that these dis- speech, announced the distinct proposition 3~7 -570 that slavery'was not an evil'and a wrong Next in the order of this discussion comes per.se," yet in'the latter portion of.his re- the gentleman from Caroline (Mr. Todd), with marks labored very industriously.by the' ci- those far-famed words of the Declaration of Intation of various passages from the Bible, to: dependence that " all men are created equal." prove that slavery not only had not the sanc- Despite the' earnest'and labored argument of tion of Divine authority, but was in entire the gentleman, I should'not give'this. portion co'nflict with the teachings of the inspired of his remarks even a passing notice but for volume. How he reconciled the first'with'the flict that'this argument is a favorite one the latter portion of his speech I was much in the mouths of abolitionists, and I unat a loss.to perceive. But as the gentleman derstand the gentleman from Baltimore city is not now in- his seat I wili not pursue the (Mr. Abbott) has given notice of his inteninvestigation f.urther. tion to move the incorporation of an article:Nor do I'me6an to consume the brief period in the bill of rights of this State, embodying'of time allotted me by the rules of the Con- substantially the language of the Declaration vention in replying to the biblical arguments of Independence. that have' been advanced against the institu- Now, sir, in the sense in which the gentletion of slavery. Suffice it to. say, that the man and his co-laborers in the abolition candid inquirer after truth will find scatteied cauise construe these'words, so far from the throughout the sacred pages not one but views'therein asserted being "'self-evident many passages which stamp the system of truths," I maintain that they are directly opslavery with the seal of Divine approbation, posed to all truth. All men, I insist, are'not and that -they who extract a verse here and " created equal" but' entirely unequal. This a line there, pervertihg them from their obvi- inequality is manifested in their physical, ous meaning and true import, convey to:the mental, social and'political conditions. The impartial' observer'the highest evidence of the idea of equality is alike repudiated by reason inherent weakness of the cause they advocate. and discarded by common sense. You find To the gentleman from Talbot, (Mr Val- this endless variety and'inequality existing liant, ) I have but a word to say on this point. not alone in' the human creation, but you find He who comes into this Hall to teach me it written on every leaf of that book of nalessons on the subject of morals and the obli- ture from which the gentleman from Baltigations and injunctions of the Divine Law, more city (Mr. Abbott) took his text a few must come with hands undefiled with the days since and which he seems to have studguilt of that which in others is a wrong and ied so closely. You find it extending throu'ghan insult to the majesty of'. high Heaven.- out'the animal, mineral and vegetable creaThe gentleman undertakes to tell us that t ions. The fishes sporting in the bosom of in holding negroes in slavery we' are daily the trackless ocean assert its existence. And doing that which is clearly prohibited by to-night from the heavens above ten thousand the law of God. That we who are slave- stars in the infinite variety, splendor and inholders daily and hourly transgress that law, equality of their existences will look down in.and therefore sin. Yet in the:very same confirmation of this trith. speech the gentleman tells us that he is him- But,Mr'. Piesident, in What sense'did our.self a slaveholder, and has long been of that Revolutionary sires understand these oftclass whom he would now hold up to the quoted words of the Declaration of Indepenj:udgment and condemnation of miankind. dence, now in my humble apprehensio'n so un1oes he not perceive in what an unenviable justifiably sought to be perverted firom their position he places himself, and that:his pro- true and obvious meaning and import? The fessions of repentance now and his illingness occasion, the circumstances by which they to give up his negroes without one'cent of were surrounded, the whole section from compensation, and to make a frtee-will:offer- which' these words are taken clearly indicate ing of them -upon'the altar'of his suffering to my mind that nothing more was intended country,:does not relieve'him from' the' em- than a remonstrance against the right of the barrassments? Whence, let me:ask, did the King of England to rule them, an assertion gentleman derive. his title to the slavies now of their equality before the world as a people held'by'him? Did he voluntarily go into the' and the right in themselves to self-govern-'market and purchase them? If so, these lec- ment. tures on the sin of slaveholding, permit -me to Gentlemen upon the other side'and all tell' him, come with ill gra'ce from hire'. -Did those who have embarked in this abolition these slaves pass to him as an inheritance crusade insist that'they meant to'assert the from:a devoted father or a dear'mother,'who equality of the nregro, and that his right to ha*ve passed from the scenes of earth and been liberty was inalienable." I deny that the suimmoned to their final. -home.'If so, I sin- author of the Declaration of Independence, cerely regret, for the'gentleman's own' sake,'that the illustrious band of men' who signed that in his over-abundant zeal to strike a it, that the immortal patriot'whose form now heavy blow'at the sin of slaveholding, he looks down upon us (referring to'the picture has not seen fit to spare' from'desecration the of Washington) understood or designed that memories of his own departed; kindred.'these words should-be understood in any such sense. If they:did not, then this argument law of the land. In -that Constitution, I af-'which the gentleman paraded before the firm without -fear of successful contradiction,;House with so much seeming gratification:to although the word slave is not employed,'himself and friends, is emasculated and shorn that the institution of slavery is -recognized.of all strength and power and falls'to the as a standing institution of the'land. Its,ground. For it must be conceded that the existence is recognized in article 1, sections 2 rule of interpretation sanctioned by:the law and 9, and in article 4, section 2, and every:and by common sense is;that every written one at all -conversant with the political his-.document must be interpreted according to tory of the country knows that without such the intention of those who executed it. recognition and protection as was therein But I understand the gentleman to insist guaranteed, this Union never could have that the'fathers of the Revolution.when they been -formed. used those memorable words on that most Far back in the early days of the Colony.solemn occasion had'the case of the negro of Maryland, history records the fact of the slaves of the country in contemplation, and existence of negro slavery in our midst, and -intended to assert. fobr them equality and the through all the intervening period up to the "inalienabl,''right to "liberty." Lookfor present time it has been -steadfastly upheld one moment at the facts of-history.'Negro and sustained by the legislature, executive, -slavery on the 4th of July, 177'6,:existed in and judicial departments of our State gov-all the thirteen colonies. Jefferson, Wash- -ernment.:ington, and most of the signers of the Decla- The Constitutional Convention of 1850.ration -of Independence were slaveholders, positively enjoined the Legislature from in-'lived and died -slaveholders. Now, if the terfering with the relation existing between theory of the abolitionists be correct, then master and slave, and to-day the specta-'must those pure and disinterested patriots of cle of a Convention deliberating in these,the Revolution:be convicted of the foulest. halls upon the organic law of the State finds wrong, the grossest injustice -in denying to its only explanation in the fact that the peothe:negro race rights which they on a most ple have elevated this species of property into solemn occasion, in a most solemn and em X a sphere of existence far higher -and above phatic manner d.clared was their birth-right that of any other property. Scarcely four-.andheritage. As one proud of their glorious teen years' have rolled away and the safe-:history I am unwilling that its brightness -guards and barriers of protection thrown "should be-obscured, or its purity tarnished by around this species of property by'the Conthe imputation of injustice such as-the abo- stitution of 1850, are about to be overturned -litionists would lay at their'door. In the' and broken'down.:The institution of slaname of that patriotic band of -men, the very,-coeval with. our existence almost.as a -signers of-the Declaration of Independence, people, uprooted and destroyed:without one -many of whom-lived' and -died slaveholders, word of premonition' so as to enable the peo-I protest against any such interpretation be- ple to prepare for the extraordinary inconveing placed upon their words. Iprotest in the niences which the sudden destruction of an name of the illustrious four whose portraits institution interwoven almost with their very -adorn the walls of the Senate chamber of this existence must necessarily entail upon them, capitol, one of whom reposes -in death be- and without one dollar to compensate them neath the sod of his native county of Charles: for the thousands they have invested in negro and whose descendants and kindred:I repre- property. Now, in view of all the antecesent on this floor. I protest in the name of dent-legislation of the State on this subject, that great soldier of the Revolution, Small- I insist that a fouler wrong, a grosser injus-wood,-whose mortal remains are comming- tice is done her citizens than if the blow was:ling with the clods of his native valley in the aimed at any other species of property. In county I have the honor in part to represent, proportion to the stability, -security, and near the spot that marks the last resting place, protection imparted to any article of property, of his great leader-in-arms, the patriot Wash-: men' invest their -means in that property. ington. The friendly legislation that has been unvaBut, Mr. President,: the Declaration of In- ryingly adopted by the State from the earliest dependence, whether true or false, whether: period up-to the present time-has operated as -interpreted correctly or incorrectly, forms no an invitation to all of her citizens to invest part of our-presentsystem. Ithas performed -their capital in slaves, to purchase them at -its allotted part in the great drama of human high prices. Her faith and her honor.by events and is not to be looked to for light reason of her action in the past:have, as it and instruction upon the questions of -the were, been pledged for the security and main-:living present.'Surely after the experience -tenance of this species of property. To-day of the past -week no one here need be-re- -a Constitutional Convention claiming to repminded that the Constitution of the United resent the sovereignty of the State,. with States has swept, away whatever there was ruthless and despoiling hand,:seeks to unnd.o inconsistent with its provisions in any ante- that which the legislation of centuries has cedent system, and that it is now the supreme contributed to build up, and ti' iprive. wiah 5:72 out cause or excuse the people of property in existence of slavery in Maryland and the nonwhich by the previous legislation of the State existence of it in Massachusetts. It is a. nothey have -been encouraged to invest the torious ikct. that from the earliest settlement earnings of their -honest -toil'and industry. of the country, from the day when the Puri-,The annals of civilized nations, 1. dare affirm, tans first landed upon the rock of Plymouth, can.firriish no parallel to the appalling wrong Massachusetts took the lead from Maryland and enormity of this. proceeding.: in the race of population, advancement, and -This emancipation scheme. involves not i wealth, and that by means of her fishing alone the loss of money actually invested in bounties, her manufactures and commerce slaves, but of other interests growing out of she has continued to maintain that. superiand connected with. slave labor. Every one ority ever since. But if the superiority of at all acquainted with the character of the Massachusetts, in point of. population and soil and productions of southern: Maryland, wealth, is owing to her free labor system, -knows that tobacco, is the: staple product of why do not the same results flow from the ithat section; that it cannot be successfully same causes in the States of New Hampshire grown and cultivated except by slave labor. and Vermont. Like causes, it is said, proRelying upon that protection which they duce the same effects the world over. Acfondly hoped lthe law had thrown around cording to the census of 1860, Maryland has their rights in slave property, the. landhold- an area of 9,356 square miles, and a populaers in that portion of the State invested large tion of 687,069. New Hampshire has an -amounts of money in the building of tobacco area of 9,280 square miles, and a population houses on their estates, in the purchasing of of 326,073. Vermont has an area of 10,212 machinery necessary to its production. Now, square miles, and -a population of 315,098. with the sudden abstraction of their slave Thus it will be seen that while Maryland has labor, the cultivation of their most remuner- an area of territory exceeding in extent that *ative crop must cease, the land cannot be of New Hampshire only a few square miles, turned to profitable account, and the money her population more than doubles that of,invested in houses and machinery, like that New Hampshire. Vermont with an area exin.slaves must prove a, total loss. ceeding that of Maryland nearly 1,000 square The argument has been advanced on this miles, has within her borders less than one floor that'slavery is wrong and ought to be half the population of Maryla}nd, These gotten rid of, becaus6 slave property is taxed States stand side by side with Massachusetts, far below its real value, while other kinds of free from the depressive influences and blightproperty are assessed to their full market ing curseofslavery,and yetwefind themgreatvalue., Now, I submit that this argument ly interior in population and wealth to slavecarries with it no force whatever. If the holding Maryland. It is evident, then, that fact be as alleged, and there be wrong and in- the.superior wealth and population of Massajustice growing out of it, the legislature is at chusetts is not the result of her system of all times competent to remedy the defects of' -free labor, but is referable to other causes. the existing system. In answer to this ob- It has been contended on this floor that jection I will state, what is known to every slavery exerts a deleterious influence on edutax payer, that the real estate of Maryland is cation, that wherever it has gained a foothold, taxed fair below its marketable value,'taking there the people are ignorantand uneducated. the prices that were obtained before the war But this.charge is left to rest upon the naked as a proper criterion, or even now obtained assertion of those who made it.. Certainly it in some sections of the State. The law fixing was not sustained by any proof calculated the.assessable value of slaves in Maryland to carry conviction to'the mind of any one was passed in the year 1852, at a time when unswayed by fanaticism and prejudice.. Staslave property was low and before the en- tistical tables have been read on this point to hancement in price which subsequently oc- show that Maryland has a large excess of uncurred and continued up to a very recent educated whites over New.Jersey. Let this period. No objections, that I am aware of, be granted as true, and still: it proves nothing were urged against the law at the time of it1 against the institution of slavery. If the passage, andit was conceded on all sides to facts be as contended: for by gentlemen on the be fair and equitable in its provisions. majority side, of the HIouse, it only shows that The;gentleman from Talbot, (Mr. Valliant,) New. Jersey has adopted a better and more presented to' the consideration of the Conven- liberal system of education than Maryland. tion a long.array of' facts and statistics to' The gentleman from Cecil (Mr. Scott) in prove, that Massachusetts was tar in advance the very interesting speech with which he of Maryland in population and all the ele- entertained the House a few days ago, atments. of material. wealth and prosperity. tempted to be both witty and wise.. In his This superiority. is claimned to arise from the opinion there was a far greater necessity for fact that Massachusetts' is a free.and Mary- incorporating in the bill of rights of Maryland a slaveholding Statei. NoNw, I insist land the:article defining the obligations of its that the compai ative wealth and population citizens to the Federal Government than there'of these two States is not attributable to the was in the case of Massachusetts, for the rea 573 son that the people of the latter State because who has studied this question,;the opinion of their free school system knew their duty,' has been expressed that there are:more offences while the people of Maryland were so igno-. against Christian morality committed in the rant'and benighted that they needed light single city of New York than can be found and instruction on this point. Now, for one, amongst the slave population of all the Mr. President, I have no sympathy with gen- Southern.States together. How morality and. tlemen whether from Cecil, from the moun- virtue under the new regime of freedom have tains of Allegany, or from Baltimore city, flourished in the city of Washington and. on who can come into this Hall and give utter- the coast of North Carolina'I leave for genance to sentiments so disparaging to the tlemen to answer who have seen fit to bring honor and pride of either their native or this question into discussion. adopted State. If the gentleman from Cecil I have no desire to pursue the investigation claims Maryland as his mother, then I say to further, and will content myself with leaving him this was the "unkindest cutof all." If the question where the census of 1860 has he be of that class who has sought and found placed it.: On page 10 of the.census the a home within her borders, the very fact of writer, after giving the facts and figures, uses his presence here to.day proves that her peo- this langull ge: "'Comparing the Northern ple have extended to him the hand of hospi- division of the country with the.Southerni tality- and welcome and made him what he is. a greater proportion of mulattoes is found in Take either horn of the dilemma he chooses the free States." and -the sentiments'avowed by him wake no Having now, Mr. President, disposed of responsive echo in my breast. some of the leading objections that have been Without attempting a refutation of the ab- urged against the system of negro slavery, surd theory that slavery militates against the let.'us look for a moment at the character of education of the white population of a coun- the proposition before the House. Here in try, I would take leave just here to recall to our midst there exists a species of property the attention of the Convention a statement for the original introduction of which we of read in debate by my friend from Washing- this day and generation are in no wise. reton (Mr. Negley) wherein it was shown that sponsible. We have seen that its existence by far the larger portion of the Presidents, is recognized by the supreme law of theland, Chief Justices of the Supreme Court,: Attorney the Federal Constitution. T.hat through every Generals, foreign ministers, consuls, &c., h:ad period of the history of Maryland it has been come from the slaveholding South. I regret fostered and cherished as an institution alike I do not see the gentleman in his seat to-day, redounding to the interest of the master and for I should like with his permission to have the slave. The proposition now is to undo read as a part of my argument the statement the work of centuries To destroy that prepared by him, believing as I do that it which we were but yesterday engaged in would furnish a very instructive commentary building up; to tear from the prote(tion:of on this branch of my subject.: Now, when it kind and humane masters' those who were is remembered that the South is numerically contented:and happy,,and turn them out upon so much smaller than the North, and that she the cold charities of an unfeeling and hearthas filled with her own sons in a large ma- less world; to rob thelpeople of Maryland of jority of cases the highest and most respon- property in which they had thousands' and sible offices under the' Government of the millions of dollars invested, and all this withUnited States, offices requiring the highest out the shadow of excuse or justification and talents and learning that the whole country' without attempting to make any reparation could command, we may bepermitted to con- for the wrong and injury thus unnecessarily elude that the South is not that benighted inflicted. No words that I can employ can region which abolition fanatics would have characterize in fitting terms the action prous believe; and that learning, education and posed by the majority of this House.'Cerrefinement have sought and found a home in tainly the annals of no civilized community that land where the dark shadow'of slavery can-furnish an example of such reckless disrests. regard of the rights of individuals. Gentlemen upon the other side of the House, The distinguished individual who during not content with arraigning slavery as inimi- the three past eventful years has occupied the cal to the material and educational interests highest office within the gift of the American of a people, have endeavored to show that it people, to.whom all eyes have been turned with engenders vice and fosters immorality and earnest interest, and whom a portion of his crime. This charge, like others heretofore countrymen propose to honor for four years adverted to, is equally unfounded in truth, longe;, in his message to the Thirty-seventh and is not supported by any evidence what- Congress uses these significant and emphatic ever. The system of slavery, instead of being words: favorable to the growth of vice, would seem "' The liberation of slaves is the destrucby its wholes,)me restraints to act as an effec- tion of property, property acquired by destual check upon the indulgence of the baser cent or purchase, the same as any: other proppassions of mankind. By an eminent divine erty." 574 To: the disciples of Mr. Lincoln on this The State is bound:to protect its citizens in floor, I commend the words of their great the enjoyment of their rights in property of leader, in the earnest hope that they will sink every kind and description recognized by its deep into their minds and shape their action laws. The rightin the General Government on this most important and momentous sub- to make an appropriation to aid the States in ject, Let those also who are attempting to the emancipation of their slaves, is a different set up imaginary lines of distinction between question, and one which I do not here proslave property and' other property for the pose to discuss. purpose of finding in those distinctions a That the title of the slaveholder of Marylicense to take slave property without com:rn land to his slave is good and valid, has not pensating the owner therefor, ponder and re- been attempted to be controverted on this flect well upon these words. Now, suppose floor. That they are to him the representathe proposition in this House was to destroy tives of hundreds and thousands of dollars; by legislation any article of personal or real that they are, in the language of inspiration, property, in which a large number of the his " money," are propositions too clear for people of the State had invested their money, argument or controversy. to take from them their lands, their houses, Now, with these facts conceded, I should: their ships, their stocks of merchandise, With- like to be informed how gentlemen on this out providing compensation therefor-with floor can reconcile their action on this queswhat favor, think you, would such a proposi- tion, proposing as' they do a wholesale detion be received? Would not the mover of struction of property, with their ideas: of such a proposition be regarded as a fit sub- right and stern justice. In the private relaject for the lunatic asylum? And yet this tions of life there is not one member, I am very thing is to-day gravely proposed in this sure, composing this body, who would not hall. For the words of the distinguished scorn' the idea of being engaged, however reauthority I hav-e just quoted place the libera- motely, in any scheme tending to the infliction of slaves on the same ground as the de- tion of wrong and injury upon his neighbor. struction of any other property. It is, says But, I Would ask, is not the same code of Mr. Lincoln, the same thing. "The libera- morals binding here, that determines our tion of slaves is the destruction of property, duties and obligations outside this Hall? Do property acquired by descent or purchase, gentlemen cease to be men and accountable the same as any other property." beings when they cross the threshhold of this Gentlemen upon the other side tell us that capitol, and asstime the character of legislawe should look to the Federal Government tors? Is not the existence of the Supreme for compensation for slave property. I, as a Judge of the Universe daily acknowledged citizen of Maryland, acknowledge my obliga- in this place, when on every morning at the tions to the Federal Government to the fullest opening of our sessions the voice of the min-'extent within the sphere of its legitimate ac- ister is lifted in prayer, invoking upon our tion, and claim its protection accordingly. deliberations His aid and interposition. Now, But I humbly conceive that upon the true in all candor, I appeal to your intelligence,'construction of the powers and: duties of the your sense of justice, your accountability beGovernment at Washington, I, as a citizen of fore High Heaven, and ask you if it is wrong Maryland, can have no claim there for pro- for you as men and individuals to deprive me tection in this property, except in those cases of my property, without an equivalent, is it where jurisdiction over it has been. granted right for you to do that same thing in the under the Constitution. Certainlv I have character and capacity of law makers? The no claim for compensation for slaves taken case is not met by saying that slaves in Maryfrom me by the soverign power of my own land have so depreciated that scarcely any State. The question of compensation against value attaches to them. They are still valuthe General Government for slaves impressed able to their owners, I repeat, and in time into the military service or carried off by its that value may be enhanced. But, granted agents and officials, is a different question, all this, the man who takes from me unjustly a.id rests upon far different grounds. To one dollar is as culpable in the eye of both the State of Maryland my allegiance is due, human and divine law as he who robs me of an.d allegiance and protection to life, liberty thousands. The principle is the same. and property are reciprocal. The broad aegis What is the argument of the gentleman -of its protection should encircle me and ex- from Talbot (Mr. Valliant) on this point? -tend over my rights of property in slaves as Property in slaves, says he, is practically dein every other kind of property recognized by stroyed. The State of MaIryland did not do its laws, When my demand for compensa- it. Therefore the State ought not to compen-:tion for my emancipated slave is met with an sate the owners. This doctrine of the genorder on the Federal Government, it is a vir-'tleman falls strangely and harshly upon my tual abnegation of my right and a denial of' ear. Because my strong and unjust neigh-that protection which i:s due to me as a bor has commenced an aggression upon my citizen from the power that claims my alle- rights, therefore you to whom I look and apgianceo peal for protection must join hands with the 575 wrongdoer. Because the Federal Govern- operation. None of them conferred freedom ment, by persistent and unwarrantable en- on the slaves then in being, but simply procroachments upon the rights of'slaveholders vided that all born after a certain time should in Maryland, has well near'practically an- be free.: If the legislature of any Northern nulled and abrogated those rights, t'he sov- State ever' did pass a IWiv giving freedom- to ereign people of the State are to-day invited the slaves then in being,'it was always proto give in the roost solemn and emphatic spective' in its chalacter, thus'enabling the manner their indorsement and to legalize owner before the appointed time for freedom those acts of usurpation and aggression; and arrived to sell out' his valuable slaves to to complete the work of demolitiori so au-' Southern purchasers, thereby attaining the spiciously begun by the powers at Washing-. object sdught, which was not so much the ton. emancipation of the slaves as' the'removal of Mr. President, I deny that the destruction them from their midst. Those who i3ay deof slavery in the Border States was tlie lepgiti-' sire more information on this point will find mate and necessary consequence' rif this de- in Kent's Commentaries, vol. 2d, a reference plorable civil strife. T'his, war could have to the statutes of New York, New Hampshire, been waged "and prosecuted with:equal suc- Massachusetts, and many others of the Northcess andd Vigor withoullt interfering with the ern: States. institution in'Maryland, or in any' of the' Mr. STocKIDGE. Does the gentleman say Border States. Facts within my own obser- that there is any reference to Massachusetts vation and knowledge lead ine' to'sich: a con- on that subject? elusion.' When the Federal military first Mr. EDELEN. I think I am not mistaken. made their appearance in my part of the Mr. STOC6'aBIDGE. I think the gentleman State, I saw repeatedly runaway slaves de- will find that he is. livered over to their owners by the officers in:Mr. EDELEN. Do I understand then the command. This policy could have been ad- gentleman' to say that Massachusetts is the hered to, or upon the issuing and enforcement solitary exception? of the proper orders, negroes could have been Mr. STOCKBRIDGE. I do not say it is the prevented'from entering the lines. But these:::solitary. exception. I say there' is nothing things had. scarcely reached the ear of those on that siubject in the statutes of MassaIn power at Washington, before the edict''chusetts. went forth making it a penal offence for any Mr. EDELEN. I think, sir, that I am not officer in the military service of the United mistaken. Certainly what I have said is States to be engaged in the rendition of fugi- true of the legislation in New York, Penntive slaves. From that moment the Federal sylvania, New Jersey, Coinecticut, and other camps became a general rendezvous and re- Northern States, and in vindication of my ceptacle for ruaway slaves. Then com- position, I will read from my scattered notes menced that exodus of the slave population a brief extract from Kent's Commentaries, which has continued uninterruptedly ever vol. 2, page 289: since. This first step of the Government was " In -Pennsylvania, by act of March 1st, closely followed by the virtual repeal of the 1780, and in New Jersey, by acts of February fugitive slave law in the District of Colum- 14th, 1784, and 24th of February, 1820, bia; a citizen of' Prince George's county, in passed for the gradual extinction of slavery, attempting to assert his rights under that this great evil has been removed from them, law, and aimed with the writ from'the United and all children born of'a' slave after July States Commissioner, being forcibly seized 4th, 1804, were declared:free.: and thrown into prison, and his slaves taken' So in Connecticut statutes were passed in from him and set at liberty. Soon this move- 1784 and 1797, which hive in their" gentle ment of the Government against slavery cul- and gradual operation nearly, if not totally, minated in the issuing of the Emancipation extinguished slavery in that State." Proclamation and for three long years our And so, Mr. President, ithouit going more State has been the theatre of aggressions and into detail, it will be found upon examinaoutrages upon the rights of slaveowners, so tion that the legislation of New York and known of all men, that even a bare' ref'renc'e other Northern States upon this subject is of to them here is entirely unnecessary. the character I have just indicatedo. Much has been said about the character of What was the result of this legislation? the legislation of the Northern States on this Did it have the effect to confer freedom on subject, their humanity, their magnanimity, the slaves, or'to transfer them from their their disinterested patriotism have been more Northern homes to more Southern climes? than once the theme of stump orators,'fa- I have no statistics at hand which enable me natical women, and men holding places in to give a positive answer to'this question; the councils of the nation. but those who know the proverbial trait of the I have investigated the legislation of many Northern character, will be ready to conclude of the Northern States'on this subject, and with me that under the operation of the in every instance I have found that their laws of removal in tthe Norithern'States, mislaws were gradual and prospective in their called emancipation, few, if any,'of their 576 valuable slaves found a resting place this a compensation for the loss of their proP:erty side of the Southern slave market. in the slaves by the force and operation of This view of the case is strougly'fortified, the statute. This'statute will remain forever at least by the fact that in 1790, some years a memorable event in the annals of British after this policy of removal was inaugurateJ, legislation. It is entitled an act for the abothere were in the nine Northern States, in- lition of slavery throughout the British Colcluding Maine, only 27,109 free negroes. onies; for promoting the industry of the Yes, Mr. President, many of those at the manumitted slaves; and for compensating North, who are loudest in their abuse of the owners hitherto entitled to the services slavery and slaveholders are now revelling of such slaves. The title itself is declaratory in wealth, which was originally derived from of the boldness of the design and the sense the sale of slaves, and which has been turned of justice and benevolence which accompato more profitable accountby being invested nied its latter provisions." in manufactures and commerce. Many who Thus it will be seen that when the English are foremost in this abolition crusade, could people legislated on this important question, the tr. th be ascertained, would find that they. their action was -marked by a high sense of are seeking to deprive their owners of pro- "'justice and benevolence," justice to the perty which the South held by a warranty of owner in providing full and ample compensatitle derived from Northern vendors. tion, and benevolence to the slave in prepar[The hourhaving expired the hammer fell.] ing him for the enjoyment of freedom by apmn otion of Mr. STIRLING, the speaker prenticing him to his former owner fobr a was allowed fifteen minutes further. term of years. The great objection urged Mr. EDELEN proceeded: against compensation in Maryland, is that it With this picture of the legislation in the would require a large amount of money. I Northern States before us, truthfully drawn grant that it would. But if emancipation as it is, who will venture to say that their must take place it should only be upon full.people were influenced in what they did by compensation to all interested. Nations no any generous spirit of philanthrophy, any more than individuals have a right to disrenoble devotion to the causeof human liberty. gard the. unbending and irreversible law of Let it be conceded that the character and ef- justice. With them as with individuals, feet of their legislation was such as is gene- the motto should be "Fiat justitia ruat rally claimed, and still it may well be ques- coelum." tioned how far it would establish their claim A few years since a distinguished individto any high degree of merit in a moral point ual, who was then a Senator from the State of view; or how far they were actuated by a of New York, and who is now high in place desire todojusticetoa"wrongedanddown- in the Government at Washington, (Mr. trodden" race, because long before this Seward,) announced the very startling docemancipation movement was initiated,it had trine that there was an irreconcilable conflict been discovered that slaves at the North, in- between free and slave labor in this country. stead of a benefit, were a burden. Recently, however, I believe {he paternity of Turning now, Mr. President, from the this doctrine has been attributed to Mr. Linlegislation of New England, let us see what coln. But, whoever may have originated it, has been the character of that of Old Eng- there never was started a falser and more danland. In the year 1836, Great Britain gerous doctrine. It involves an impeachpassed a law emancipating the slaves in all ment of the wisdom of the fathers of the Reher West India Colonies. The provisions of public, who, through the Federal Constituthat law are in such striking contrast with tion had reconciled all discordant and inconthe action proposed by the majority of this gruous elements. With the institution of House, that the brief moments left me for the slavery preserved intact, how could this conconsideration of the subject will not be misap- flict ever arise? We have just been reviewplied by reading to the Convention a brief ing the history of the Northern States, from extract of the same, as I find it on page which slave labor, under the laws of nature 254 of the 2d vol. of Kent's Commentaries: and political economy, was constantly with"By the statute of 3 and 4 William IV, drawing, seeking a more congenial and'prochap. 73, slavery ceased throughout the fitable sphere ot' action in the South, and British Colonies in the West Indies and else- leaving the North to free labor. The two where, on the 1st of August, 1836. The systems moved in entirely different orbits of then existing slaves were to become appren- existence, and there never could arise that ticed laborers. The time of their apprentice- collision and antagonism of mutual interests ship was to cease partly on the 1st of August, predicated by the originator of this pernicious 1838, and totally on the 1st of August, 1840, theory. Indeed, the two systems are mutually when the black and colored population be- beneficial to and dependent upon each other, came altogether free. The sum of twenty -slave labor at the South in a field of millions sterling, ($100,000,000,) was to be action unsuited. to white labor producing distributed in certain proportions and on cer- the material which gives profitable employtain conditions to the West India planters as meant to free labor in the North, and the 57T South in turn, affording a profitable market near his premises a class whose subsistence for the production of free Northern labor. would be eked out by pilfering.i But, Mr. President, once destroy this insti-" A'conflict would necessarily ensue-a contution of slavery, and then indeed will there flict of clashing interests and hostile interests begin an "'irrepressible conflict between op- brought into immediate collision-a conflict posing and enduring forces," not. such, which must'necessarily result in violence and however, as was described by the distin- bloodshed? Is this picture overdrawn'? I guished speaker.whose words I have quoted, refer' those who think so to the riots that but a " conflict" between the laboring white have already -occurred from these causes in man of the North and the free negro. To Cincinnati, Philadelphia and other cities and my mind this seems as cleart as the noonday townships in' the non-slaveholding States. sun shining forth in an unclouded sky...nd And when it is remembered that but a few without elaborating this point further, let hundred of free negroes, and these above the me read to you, (for it is better than any- average of their race, for freedom is generally thing I can say,) a' brief extract from a conferred on the most worthy, or acquired by speech of A. H. H. Steuart, delivered before the most thrifty, have led to such outbursts the Central Agricultural Society of Virginia,' of popular indignation and violence, what at Richmond, October 28th, 1859, and pub- would bethe consequence of having three millished in the National Intelligencer of Novem- lions of them (now over four millions) of all ber 5th, 1859'. ages, sizes, classes and conditions precipitated "But these are not the only evils," says on the non-slaveholding States? Mr. Steuart, " that would inure to the peo- "'But the moment they are emancipated, the ple of the non-slaveholding States from such present line of demarcation between the two a policy. If the Southern slaves were liber-. systems of labor will be eradicated. The ated they would naturally desire tX remove' levee which confines the negro race within the from the scenes of their labor and humiliation, Southern States will be broken down, and a and seek abodes among the people of the deluge of free negro migration will pour its North, whose sympathy hIad cheered them in desolating flood over the whole North and their bondage, and whose homes and hearts West,: sweeping before it the peace and hapthey would reasonably infer, were open to piness and best interests of the people. The receive them. The three millions, (now over Northern States will then discover when it is four millions,) of liberated slaves,' thus left too late to repair the mischief that they have free to choose their own places of residence, rashly and wickedly undone all that was done Would soon scatter themselves in the North- for them by the wise policy of their earlier ern and Western States in quest ofsubsistence. statesmen. The'better class would at once come into "Were I a Northern man therefore, and discompetition with the laboring population of posed to assume the championship of Norththe North in all the more simple employments ern interests, I would admonish my fellowfor which they were qualified; and the dray- citizens notonly notto aid in the emancipation men. hackmen, cdartmen, porters, hotel waiters, of the slaves of the South, but to remonstrate stevedores, domestic servants, day laborers against it, and to resist it by all fair and and others of like occupations, would doubt- honorable means as fraught with incalculable less find them formidable rivals who would mischief to the free States. I would conjur supplant them or greatly reduce the profits them to leave the whole subject in the hands of their callings. Much the larger proportion, of those immediately concerned and of Him, however, from their natural aversion to labor, who although His purposes can not be fathomed would refuse to work, and with their families, by human sagacity, we know shapes the dessink into the lowest depths of destitution and tiny of nations and ordereth all things wisely wretchedness; and the jails, almshouses, and well." and penitentiaries of the North would be Thus spoke this stateman of Virginia words their only refuge from starvation. They of wisdom to his countrymen, little dreaming, would become an intolerable burden, and all I doubt not, that before the lapse of three classes of society would rise up to expell shortl years they would be found rushing. them. Under these circumstances, I can madly on to that gulf of disorder and ruin' readily see how the tendency to a "' conflict" against which he so solemnly and eloquently between the black' and the white laborer warned them. And to-day, surveying things would become " irrepressible." The white from the stand-point of the present, I say in laborer whose avocation iad theretofore been my place in this Hall'that the' Northern respectable, and who had been accustomed to people will discover when it is too late to rereceive wages adequate to the support of his pair the mischief, that they have rashly and family, would not tolerate the competition of wickedly undone all that was done for them those who would degrade the dignity of labor by the wise policy of their earlier statesmen. and underbid him in his business. The tax The brief remnant of time allowed me by payers would not submit to the burden of the indulgence of the House cannot be better maintaining an idle and thriftless population. employed than by adverting to the peculiar The landholder would not be content" to have condition of this State in connection with this great evil.of free-negroism. I have heresome With many of the owners of real estate in statistics copied this. morning from the census. Maryland, this sudden abstraction of their tables of 1860, by which. it will be seen that labor will involve not alone the loss of money the free colored population of actually invested in slaves, hut will result in Maine is............ 1,327 ~depriving them: of their lands; and turn New Hampshire.'............ 494 many a man penniless upon, the world who Vermont ".......... 409. but aa little: while ago was in comparatively Massachusetts "...9,602 affluent circumstances. Rhode Island ". 3,95.2 The scheme proposed by the abolitionists New York. "..........49,005. of Marv]and, is entirely unlike any plan of Maryland............83, 942. emancipation furnished by: either the legislaSo that the figures show that the shmall tion of this country or of EnglIsnd. I have State of Maryland with an area of territory already called the attention of the Convennot exceeding in extent that of New~ Hamp- tion to the course pursued by England and shire, one of the.smallest of the: New England theNorthern States on this subject, and the States, has. at this: day within her limits legislation adopted by. the Congress of the 10,526 more free negroes than the great State: United States for the District of. Columbia is of New York and all New England put to- of too recent a date to b.e overlooked by any gether. Add to. this already redundant free one when considering this question. It is negro population 87,189. slaves -propoed.to opposed, too, tothe published opinions of the beemancipated by this Conventionand turned President of the United States on two imloose in our.midst, and tbousands of thriftless' portant p.ints. If those who are the friends idle contrabands that have come into the State and supporters of the President will examine since the commencement of this unfortunate his. messages on this. su. bject, they will find war, and we have an array of facts which to that the only plan of emancipation recomnmy mind forcibly suggest the speedy. conver mended y him was.ne with. full compensasion of the. proud old State' of. Maryland, tion to the owners, and one, not suddenly into. a free negro colony. If the policy of carried into effect, but gradually. In his inviting free negro. immigration from abroad, proposition to the. border States, he fixed the which I regret to s~ee finds. advocates. on this year 19.00 as the limit of time, thus giving floor, should le agdopted, this result will' as the people in the States thirty-seven years in s.urely follow as the night succeeds the day'. which to consider: and carry out. his proposed: Mr. President, upon the soil.of Maryland TI plan. Governor Bradfobrd, in his message was born. Herlhills and her valleys, her rivers to the last, Legislature of Maryland, uses this and her mountain forests are dear to me. I significant. language:'" I think the condition am proud of her early history. Beneath the of'Maryland ould lhave be:en improved if green turf of her silent church-yards rest tlhe she had adopted long ago a gradcual system bones of my ancestors for generations back. of emancipation.' In that same message, I w ish to pass the remnant of my days among when' speaking of the interference of the miliher warm-hearted and'generous. people; and tary authorities of the government with the when my earthly carreer is ended to sleep in slaves of Maryland, he recommends the pasher bosom beside my kindred'' And loving sage of such laws by the Legislature as will her as I do, my earnest prayeer to Heaven will enable parties aggrieved to obtain compenbe that she may escape the fate that impends sation from the Federal'Government, thereby over her; and that the ruin and desolation conceding that under the war power even the that has everywhere followed in the wake of government had no right to take the slaves free-negroism may not sweep over her fair. of Maryland without compensation. And fields and lovely habitations. surely, if the General Government cannot It is claimed by the advocates of abolition take the slaves of Maryland without compenthat one result of emancipation will be that sation, the State has no right to do so. the lands of the State will greatly appreciate But, now, with all the lights of experience in value. I wish I could bring my mind to before them, the majority of this House imsuch a conclusion. But with my limited vis- pelled by a zeal peculiar to new converts to a ion, I can see only the contrary result What cause, unheeding and disregardine all the leshas been the effect in Missouri under the in- sons taught by the past, ignoring all the fluence of abolitionism-? There lands have recommendations coming from the highest fallen as low as $5 per acre. What are your authorities''in the land, propose to blot out fertile fields to you if you have not the labor and destroy with one stroke of the pen, a wherewith to till them and thereby'turn system of domestic slavery coeval with our them to profitable account? How, under existence almost as a people, ingrained into such circumstances, is the owner to support our very social life; and all this without prothe heavy load of State and National taxes? viding the smallest compensation for the loss The price of real estate, I insist then, will of thousands and millions of dollars invested not be enhanced by the abolition of slavery. by the people in slaves. They propose to Certainly, if su'ch a result ever does follow, tear down and destroy, not to build up, to it will not be for years to come. turn adrift upon the white population of' the State: an idle unthrifty, non-producing class. Schlosser, Scott, Smith, of Carroll, Smith, of to pray upon their substance. They propose Dorchester, Smith, of Worcester, Sneary, to give liberty to the slaves, which for many Stirling, Stockbridge, Sykes, Turner, Val will be, the liberty to starve. They propose to, liant, Wickard, Wooden-f7. fill the jails, almshouses and penitentiaries,. The, proceedings of yesterday were read and thereby. impose upon the tax-payers of and approved. the State burdens which, in these days- of ex- Mr. JONEs, of Somerset, asked and obtained. cessive taxation, they are so, little able; to leave of absence. endure. Mr. CLA RKE asked and obtained leave to DECLARATION OF RIGHTSABOLITION OP place upon the Journal the following amiend- SLAVERY. ment, to be hereafter offered. as a substitute The Convention, proceeded to theconsidera-. for the article: tion of the, order of the day, being- the second "That from and after the first day of Jan- reading of the report of the Committee on.the. uary, 1865, there shall in this State be neith- Declaration of Rights.. The pending article er slavery nor involuntary servitude, except was the following: in punishment of crime,. whereof the party 2 Art.. 23. That hereafter, in this State, there. shall have been duly convicted, and all per' shall be neither slavery, nor involuntary. servisons held to service or labor as slaves are tude, except in punishment of crime, whereof hereby declared free from. and- after- the first the party shall have been duly: convicted;. day of January,, 1865, provided the Congress and all persons held to service or labor as of the United States shall, before the first day slaves are. hereby. declared free, of January, 1865, make an appropriation to To which Mr. CLARKE had given notice of the State of Maryland, of not less than twenty the following amendment: millions of dollars, to aid the State of Mary- Amend by striking: out all after the word land in providing compensation to thowners "that," in line 1st and insert from and of slave property, and the, Secretary: of the after the first day of January, 1865, there Treasury of the United States shall certify to. shall in this State be neither slavery nor in-. the Governor of this State that the said sum voluntary vervitude, except: in punishnment of money is subject to the draft o.f the Treas- of crime, whereof the party shall have. been urer of the- State of Maryland, to be disposed duly convicted, and all persons held to serof by the Legislature of the State, to pay the vice or labor as slaves are hereby declared: owners of slaves for their slaves hereby de- free from and after the first day of January, clared free; and provided further, that unless 1865, provided the Congress of the United Congress shall make the said appropriation States shall before the first day of January, as hereinbefore provided, this section shall 1865, make an appropriation to the State. of be null and void, and it is hereby declared Maryland, of not less than twenty millions$ that it shall be of no effect whatever." of dollars, to aid the State of Maryland in Mr. CLARKE asked and obtained leave of providing compensation to the owners of absence. slave property, and the Secretary of the TreaOn motion of Mr. DANIEL, sury of the United States shall certify to the The Convention adjourned. Governor of this State that the said sum of money is s:ubject to the draftof the Treasurer of the State of Maryland, to be disposed of by THIRTY-SEVENTH DAY. the Legislature of the State, to pay the owners TUIESDAy, June 21, 1864. of slaves for their slaves hereby declared free; and provided further, that unless' Congress The Convention met at 10:o' clock A. M. shall make the said appropriation as herein Prayer by the Rev. Mr Patterson. before provided, this section shall be null and The roll was called and the following mem- void, and it is hereby declared that it shall bers answered to their names: be of no effect whatever." Messrs. Goldsborough, President;. Abbott, Mr. BILLINGSLEY. According to parliamenAnnan,_ Audoun, Baker, Barron, Berry, of tary usage and courtesy, the discussion this Baltimore county, Berry, of Prince George's, morning is due to the opposition. If any Billingsley, Blackiston, Bond, Briscoe,Brown, gentleman wishes to speak upon the question Carter, Chambers, Crawford, Cunningham, now, I will waive my right. Cushing, Daniel, Davis, of Charles, Davis, of Mr. DANIEL. I moved the adjournment, Washington, Dennis, Duvall, Earle, Ecker, but it was not with the intention of speaking. Edelen, Farrow, Gale, Galloway, Greene, this morning. I yield the floor therefore Harwood, Hatch, Hebb, Hodson, Hoffman, with pleasure to the gentleman from St. Hollyday, Hopkins, Hopper, Horsey, Johnson, Mary's. Jones, of Cecil, Jones, of Somerset, Keefer, Mr. BILLINGSLEY., After the intelligent Kennard, King, Larsh, Lee, Mace, Marbury, banquet which was spread before us in the Markey, McComas, Mitchell, Miller, Morgan, able, eloquent and elaborate discussion of the, Mullikin, Murray, Nyman, Parker, Parran, fourth. article of the Declaration of Rights, Pugh, Purnell, Robinette, Russell, Sands, without: accomplishing any favorable results 580 in regard to the disposition of that question, of old, consulting together as friends for the it would be on my part the excess of vanity public weal and the public good? But I to suppose that a more favorable response' know that mortal man has not power suffiwould be made to any.effort of mine in the cient to stay the storm. It is reserved for Him discussion of the question which is now un- who sits upon the whirlwind and directs the der consideration. I do not rise with such a storm, in whose hands are placed the destihope. I do not rise under such an expecta- hies of nations, and with whom to-day, yestion. If any good can be accomplished, I terday and to-morrow are the same, to solve feel that.it is not attainable.by the humble in his own good time this great problem of individual who now.addresses you. If any the human race. You may ask, if I have not modification is to be obtained, it will not be the vanity to believe that I can make any imthroughmy instrumentality; for in the lan- pression' upon this body, why do I stand up guage of another, "I have neither wit; nor in my place here to-day, and uselessly conwords, nor power of speech to stir men's sume the time of the house. I say because I souls." I have not the attributes of the fin- am a freeman; and although you are not disished rhetorician, that eloquence, that' ele- posed to.do me justice, I nevertheless demand gance of language, that force and strength of my rights. I am here upon this floor a peer diction, which are calculated to enchain the amongst the proudest of your peers; and I attention of any auditory, and carry captive, am sent here as a' delegate by my constituas if by resistless force, the hearts of men. ency to defend, if not to protect their rights, No, sir, I am no orator. Would to God that a constituency, though much maligned, the this day I were'an orator I Would that I embodiment of'honor and of chivalry. I am could catch the inspiration that fired the here representing a constituency largely and heart of Paul, when in the proud city of deeply interested in the question now before Athens, he declared the principles of the us; and not unmindful of the relations which great I AM. Would to God that this day I Maryland has always sustained to this queshad the language of living fire, the thoughts tion, which her history has no nobly, so glothat breathe and the words that burn, that I riously and so proudly illustrated in the past might enter the temple of this mad fanati- administrations,'not only in the vindication of cism which has usurped the place of the liv- her own self-respect, but in the vindication of ing God, and placed by its altar the image of the constitutional rights of her citizens. its idolatry. Would to God, to use a figure, I feel upon this occasion that I should be that I had the power of Jove' to close this recreant to the noble instincts of patriotism Pandora's box, the source of all our ills, and of manhood, recreant to the honest conwhich like a; tempestuous torrent has swept victions of duty and of justice, false to the all over our land, and has rent in twain and principles and to the opinions of an outraged deluged with blood the fairest portion' of people, false to the honor, the integrity, the God'sinheritance; which has arrayed man justice, and'the covenanted faith of once against man, and brother against'brother, in proud old' Maryland, did I not enter my most fratricidal strife; which has torn the father solemn and indignant protest against the from the son, and the son from the father; passage of the article now under considerawhich has entered the holiest sanctuaries of tion; an article which, to say the least of it, home, and caused even the wife of your ho- is the emanation of a sickly sentimentality, som, whom God designed. to be your solace and offspring of a morbid philatnthrophy and comforter, to smoothe the brow of care, which is not nati-ve or natural to Maryland; and soften down the rough asperities of life, to no, sir, not to the manor born, but an exbe your joy, your life, amidst all the changes otic sought to be incorporated into the bill and vicissitudes of this ever sad and changing of rights where it never would have received world-to rend'asunder, in some instances, any favor, any countenance, or any encourthe unity of existence; which has entered agement, except for the accidental and exneighborhoods and alienated friends who traneous influences'by which we are now were once' friends indeed, united by the holi- and have been unfortunately surrounded-an est ties of friendship and of blood; still more, article which is unjust in all its provisions, has entered the sanctuary of God and per- suicidal in its policy, sectional in its applicaverted its holy purposes, prostituted its holy tion, destructive to the material interests and objects, and refused the emblems of the dying the fundamental law of the land and the love of the meek and lowly Jesus to a certain constitutional rights of the people of AMaryclass of men; and'not content with this, has land. at last entered these: halls, and for the first I ask- you, not in the spirit' of factious optime in the history of the State, here where position, or for the purpose of evoking angry sat our fathers with love and patriotism con- and embittered discussion, but in the fianksulting together for the common weal, made ness and sincerity of a man of honor, had us strangers to each other, not met as friends this Convention assembled here three years but as partisans. ago, and had such a proposition as this.which Is this so, sir? Do we not all realize the we are now discussing been submitted, what picture I have drawn, that we:are not here as would have been their feelings? There are -51 not in the range of the whole vocabulary of the Union, as known to the Constitution to the English language, words strong enough something else in conflict with the guarantees or pungent enough to express the indignant in that instrument, from that moment the surprise of that body, or the outraged feelings war itself changes its character. The duty of of the people of Maryland: Does history the government in a great crisis like the bear me out in this fact'? Let me point to present is a very plain one —it is to preserve, my authority. I will read from the Journal protect. and defeud' the Constitution of the of the proceedings of the House of Delegates United States; and, thankful as we have in 1861, the resolutions then offered., reason to be, for our exemption from the You all recollect the circumstances under devastation and. ruin of civil war, we rely which. that election was made. It was my further upon the wisdom and firmness of the first experiment in public life. I- recollect President in the discharge of the high and being in the Senate at the time that Governor solemn trust committed to his hands,, to resist Bradford delivered his inaugural, in which and rebuke all attempts from any and from he spoke of the unprecedented majority of every quarter to convert this war into a 30,000 in favor of the Union party.: The vote crusade against the institution of domestic of -the preceding year for the Presidential slavery as it exists in the Southern States,.candidate, Mr. Lincoln, was,92,000 votes. In under the guarantees of the Constitution, or this hall, where we are now assembled, sat to take advantage of the troubled condition but six members of the opposition. Every of our country, for the gratification of perother member, with the exception of these sonal views or sectional prejudices." six members was a friend of' the present ad- We had the honor, Mr. President, of servministration. The resolutions to which I ing together in the Senate on that occasion. have referred were introduced in consequence MIr. Charles Goldsborough introduced at that of the excited and agitated discussion which session what was called a Convention Bill. had taken place in the city of Washington I do not see the bill here, but I see the vote, in regard to eman ipation in the District of and:if I mistake in regard to that bill I hope Columbia, and it was anterior to the signature the President will correct me. The last clause of the President to the District emancipation of that bill, if my memory serves me right, bill. These resolutions were introduced by was that in the event of the people determinMr. Price; and. they were voted for by every ing in fiavor of calling a Convention, this solitary member of that body then present- Convention when assembled should pass no 58. The resolutions wdre these: law interfering with the existing relation of " The General Assembly of Maryland have master and slave as now preserved by the seen with concern certain indications at the Constitution of this State. Every member of seat of the General Government of an inter- the Senate, save and except the honorable ference with the institution of slavery in the President and Mr. Whitaker, voted in favor seceded States, and cannot hesitate to express of it. Here is the record:.its sentiments and those of the people they Afrmative - Messrs. Bayne, Billingsley, represent, in regard to a policy so unwise Blackiston, Denisen; Everett, Goldsborough, and mischievous. This war is prosecuted by of Dorchester,; Harrison, Heckart, Jenkins, the nation with but one object, that namely Lankford, Sellman, Smith, Town send, Waters, of a restoration of the Union, just as it was Watkins, Willis-16. when the reruellion broke out. The rebellious My honorable friend from Calvert (Mr. States are to be brought back to their places Briscoe) was absent. in the Union, without change or limitation Negative-Messrs. Goldsborough, President, of their constitutional rights. In the lan- Whit ker-2. guage of:the resolution adopted, by both This was in 1862. I know the argument Houses of Congress, at its extra session in the gentleman is going to urge in regard to July last, with remarkable unanimity, this that matter; that the Legislature of Maryland war is declared to be prosecuted not' in any had no right to put in such a provision, that spirit of oppression, or for any purpose of they had no authority to bind a Constituconquest or subjugation, or purpose of over- tional Convention. Granted. But what was throwinrf or interfering:with the rights or then the sta te of the country. It was eminent-.established institutions' of these States, but.ly proper that Maryland should then declare.to defend and maintain the supremacy of the her opinion, her political status in regard to Constitution and to preserve the Union with this great question, because it was the allall the dignity, equality, and rights of the absorbing question of the country. She did several States unimpaired, and that as soon so express herself. Although when the Sanas those objects are accomplished, the war ate bill reached the House of Delegates, that ought to cease.' was expunged on the ground that they had "The objects and purposes of the war thus no such constitutional or legal power; yet impressively declared-, are those alone which it did not change the state of public opinion. the nation cano rightfully contemplate in its Recollect that a larger majority of Union.prosecution; and. the moment the object. of members then represented the State of Marythe war, changes from a simple restoration of land than represents them in this Convention; 582 and not by a vote of 30,000 of the voting " The committee to whom was referred the population of Maryland which consists of subject of the'bargain,' reported August 90,000; but it was nearly a full vote. 24th, 1787, in favor of not allowing the Are not these facts conclusive? When legislature to prohibit the importation of you take into consideration that Maryland, slaves before 1800, but giving them power to during her existence as a proprietary govern- impose a duty at a rate not exceeding the ment under Great Britain, during her exist- average of other imports. ence as a free, sovereign and independent "General Pinckney, August 25th, moved State from 1776 down to 1862, had prFserved to strike out 1800 and insert 1808. Mr. intact this institution of Slavery, and had by Gorham, of Massachusetts, seconded the molegislative and by Constitutional provision tion. It was then passed in the affirmativeprotected that property, you cannot conclude New Hampshire, Massachusetts, Connecticut, that in the year 1864, with 32,000 in favor of Maryland, North Carolina, and South Caroemancipation, as they term it, that it is the lina voting for it in the affirmative, (6;) settled policy of the State of Maryland, for New Jersey, Pennsylvania, Delaware, and there is more than a majority who have not Virginia in the negative, (4.) It was finally voted upon the subject. We voted in St. agreed mern. con. to make the clause read'but Mary's county; for we are not a sort of a tax or duty may be imposed on such impeople who will try experiments; but it was portations not exceeding ten dollars for each not the case everywhere. In Baltimore city person.' there but 76 votes cast against the Conven-' The spirit of the committee that reported tion. It is true we had in St. Mary's the the terms of the foregoing'bargain,' may be -military present at all the polls; but I will understood from the following statement of do them the justice to say that they did not Luther Martin, one of their numbers. They interfere with any of our rights; and al- met and took under consideration the subjects though there was nothing like a fair expres- committed to them. I found the Eastern sion of the public sentiment, in consequence States, notwithstanding their aversion to slavof the timid and weak-kneed not coming out, ery, were very willing to indulge the Southyet we cast a tolerable vote against this Con- ern States with at least a temporary liberty to vention. prosecute the slave trade, provided the SouthThe argument I mean to adduce with re- ern States would in their turn, gratify them gard to this branch of the subject is, that so by laying no restriction on navigation acts, far as our rights to our slaves are concerned, and after a very little time the committee by they are indubitable. Some have contended a large majority agreed on the report." that we have no rights. Whence did we Under that bargain I claim that I have a derive those rights? I say, sir, that we de- right to my slaves: I claim that we had a rived them from the Constitution of the right until 1808 to import slaves; I claim United States; not from the Constitution of that my property was protected under it; the State alone, but from the Constitution of and, further, that fugitive slave bills, in conthe United States, which I will presently sonance with the spirit of compromise and show, and quote some authority on the sub- patriotism, and good will, were passed in ject, is jelst as conclusive on the status of order to protect my slaves and the slaves of Maryland upon the subject of slavery. And the South in their egress to tile North. Until I would say further that this Union would 1808 there was no interference with regard to never have been formed unless this right had this question by the North. I therefore say been admitted. I shall read from " Sectional that I have this property as a vested right, Controversies " by Fowler: and that you have no constitutional right to "Chapter 2. The Constitutional Cinvention. deprive me of it without at least compensa" Still sectional difficulties arose in that tion; and I am hardly willing to grant the body, which with others inherent in the sub- power even to do that. jects under consideration, threatened its dis- The Constitution was passed in 1787; and solution before they had accomplished the what hlas been the policy of the State of object for which tbey came together. These Maryland up to 1851, when the Constitusubjects were-1. Navigation-2. Slavery. tional Convention assembled in this city? The North insisted on having protection for Even anterior to the provision in the Constitheir property in commerce. The South in- tution of the State of Maryland, the Legissisted on having protection for their property lature of Maryland passed an act that you in Slaves. should not interfere with slavery, except by "(ouvneurMorris, of Pennsylvania,wished the unanimous consent of the Legislature. to have the whole subject committed, includ- No one will deny that. It is on your statute ing the clause relating to navigation acts- book. Anterior to 1851, when this Constithese things, namely, the slave trade, to which tutional Convention assembled and incorpo. some of the North was opposed, and the rated as one of their provisions that the navigation act without a restriction, to which Legislature should not interfere with the exthe South was opposed, may form a bargain isting relations of master and slave, the between the Northern and Southern States. Legislature passed a statute that you should 583 not interfere with'the existi'ngrightof slavery, not enjoy:equal advantages? Why not'?:Is except by the unanimous consent of the Legis- there not as much and more general intellilature, showing the great sensitiveness of'the gence'among'slaveowners, as a class of State of Maryland with regard to'this qiues- people? Are'tey not liberal? Arebthey not tion throughout; showing that she not only men of expanded views? Are they not men tolerated but protected slavery. of patriotism? Whenever they find young Why: do you undertake to'abolish slavery men in the lower classes of society of rising by the wholesale? Those of you who are I merit and talent, they step forward and give not interested in that species of property can- them aid'and assistance in obtaining an edunot realize to yourselves the immense da'mreage cation, and afterwards obtain position for it will be to rights. In my county,'where' we them in society. We do not, because'we are slaveowners —that unfortunate class of happen to be slaveholders, look down upon beings at the present time-it is firequiently the poor with contempt. We respect the "the:case that in the'distribution'of property-| poor man as:much as we do the rich man'acI.knew several instances withtin'my own cording'to:his merit. To say that slavery knowledge prior to this agitation and con'se- has a tendency to destroy'the'political and quent uncert'ainty-a certain portion of the intellectual position'of the'White man —I heirs would take personal property alto- deny it.'gether, because it' suited their purposes and How are you to elevate that class of soconvenience better than real estate.:Pass this ciety? It-is by elevating the political andinarticle without compensation, and what is'tellectual'standard of morals of this society? the effect of it? Some of the heirs are in full You must-teach them to live in virtue. You possession of their patrimony; and the others must teach them justice. You must teach have not a solitary dollar of their'lfather's es- them respect'to individual rights as well as *tate, because it consisted of this'species of the rights Of society. You must teach them property-these poor negroes. Isthat'right? that although poor, they have privileges and Is it just? Is it prop'er,'taking that'view'of blessings which they can transmit'to their it? posterity by the purity of their lives, by their Let me here digress and'takle up another observance of the rules of morality and jussubject,; and I will return to this presently. tice; so that they may become the bulwarks Some have contended, and I believe upon this of government to'perpetuate'its blessings'to floor-it was my misfortune to'be'sick on the -posterity. You who are public men, must day the discussion took place, but I under- teach'them that all things are not'grievous. m stand that gentlemen not only arued'the'You must teach' thern that the'end does not moral but also the religious view of the sub- sanctify the means. You must teach them ject-that' the destruction of slavery'tends to honesty of purpose, and that W'hat is politi-the moral, political, and intellectual eleva- cally dishonest is not privately'right. You tion of the whiteman. I deny the premises; must teach them by your example that you and I propose to give' my reasons for it. are men who assume and appreciate the blessI say that as a class of men, you have.not:ings'of your forefathers. You must not in the community a class of men of more ex- pamper to their prejudices and their passions,'alted purity, more elevated patriotism, or'by enticing them into vices which are the demore geneial intelligence, than the slave- struction of morals, as many of us do. As owner. And why? Because their academic for myself, I have had very little experience and collegiate advantages are surpassed by in public life,'as every one knows. You must no class of citizens.'Descended, many of tell the rising youth that the' world into which'them, from enlightened'and distinulished'he is going abounds in wickedness and tempfamilies, associating with the most polished tation-temptation rendered doubly alluring and refined in society, with the ad van tages of'by their youth and inexperience. You must travelling, many' of them, thee'are forced by tell them to:shun the intoxicating bowl: and necessity' to becote students in order to main- the game of chance. These are lessons that tain their' position'in society and toermulate as public men you should teach'them. EEduthe example of their ancestors.'cate the youth of your country in this parHow is it with the other classes of society? ticular, and you will have a government of Forced by necessity to labor'daily for the the people thiat shall last so long as the tounsupport of themselves and their' families, to dations of any government can last. earn'their living by' the sweat of their brow, I will'now take a view of the religious asno'such advantages of'education are afforded pect of this question,- and I will commend'to them. There are'distinguished:instances in the: perusal of the reverend gentleman Who which men' have'risen by' the force of charac- spoke upon this subject,'(Mr. Todd,) an artiter and genius tothe-highest positions in the'cle in the American Quarterly Church Review ~State; but they are comparatively few, so as for June 1860, published in New York. It rather to strengthen than to weakent my posi- is an article upon "Alford's Greek Testation by' the exception. menrt and Slavery." Does it follow that'becaus~e there'are labor- "All'the authorities above enumerated ing'men located among slaveholders, they do have' been -collected with'more' or less care; 584 and the results of these manifold collections only attacks upon him that were effective, are embraced in the digest of various read- were made by the Roman authorities. It ings given by Mr. Alford. This. embodies in was from them that the Christians had dana condensed form, and by an admirable sys- ger to apprehend. In view of this fact, St. tem of notation,. all that can be said on the Paul's instructions and commands required subject. No essential additions, we believe, from the converts to christianity, the observcan be made to it, unless new manuscripts ance of. the laws, submission to authorities, are brought to light, or a more exhaustive the cultivation of peace, and that they should.collation of existing ones be performed. Nor endeavor to have an honest report among should it be forgotten that the existence and those who were not of the faith. Could they character of these various readings are the have conducted themselves'honestly towards surest guaranty for the substantial purity of those without,' would they have obeyed the the text. instructions of'the apostle, had they exhibited " St. Paul, in the epistles to the Ephesians, themselves as disturbers of the existing relaColossians, 1 Timothy, and Titus, treats upon tions of society, as public disorganizers? St. the relative duties of masters and slaves, but Paul offered them no such example. The without exhibiting any hostility to the sys- laws as he found them, he conformed to." tem. IIn the seventh chapter of first Corin- You recollect that Onesimus was a conthians, however, he gives utterance to ari.ex- verted slave, and a fugitive, and what did St. pression which has long been so rendered as Paul do? He returned him to his master, fully to commit the apostle as the open oppo- thereby not interfering with the existing innent of slavery, and.has been often quoted as stitutions of the country. If slavery had entirely conclusive upon that point. Before been so great an evil, so great a crime, he entering into the exegesis of.the passage, we certainly would have left on record something will, in elucidation of the position of slavery against such an institution. You may search in the Roman world at the time the epistle the Bible from beginning to end. You may was written, lay before the reader an extract go back to the Jewish dispensation, and up from Mr. Bancroft's essay on the' Decline of to the Christian period, and you will not find..the Roman people.' in the Bible one solitary word which will "The aristocracy owned the soil and its bear you out in the destruction of slavery, cultivators. The free citizens were poor and which you are now contending for. Look degraded. The third class were the class of at the decalogue. I suppose there is no genslaves. It was three times as numerous as tleman within the sound of my voice who the others; though the whole body belonged does not understand, and.who has not comalmost exclusively to the wealthy. Their mitted to heart, and perhaps can repeat them numbers excited constant apprehension, but better than I can, the Ten Commandments. care was taken not to distinguish them by a What is the fourth commandment? That peculiar dress. Their ranks were recruited neither your man servant nor your maid "in various ways. servant shall labor on the Sabbath. If " The manner in which the laborers on the slavery dAd not exist, could there have been great plantations were treated, resembled the man servants and maid servants? Not acmodern state prison discipline. They were cording to the modern acceptation of the sent out by day to labor in chains, aned at term. It does seem to me that upon that night were locked ul, in cells. Domestic branch of the subject, the authority which I slaves wnere sent to various workshops, es- have quoted, in the absence of any other autablished on purpose to tame the, obstinate. thority to the contrary, is at least equal to Every expedient that human cruelty could what was said on that subject to this Conven-,devise, was employed to insure industry and tion. docility. The runaway, if' re-taken, was I believe the most prominent argument branded or crucified, or sold for a gladiator. which has been used for the destruction of.The slave was valued only as property. slavery is, that it has been the cause of the''it does not appear," says the reviewer, war, and that its destruction is necessary to ".that St. Paul attempted to effect any change restore the Government. I do not mean to in the civil institutions of the world. Had argue that branch of the subject in detail; he presented the christian religion as an op- but have not I as much right to my property ponent of those institutions, as hostile to the in slaves as I have to my property in real existing rights of the most influential class estate, or to any other property? The Conof society, and an avowed aggressor upon that stitution of the United States, under which class, in the first place, he would have been this Union was formed, guarantees to me not met at the outset by the whole power of the only the possession but the fruition of that Roman arm, and no ordinary miracle could property. If, then, I have the right to hold have enabled him to have obtained a foothold that property under the Constitution, and if for the cross; and, in the next place, be I have not in consequence of holding that would have secured nothing but mutual in- property, done anything in derogation of -my jury in such a crusade. It is true that his allegiance to; the State, or obedience to the most bitter enemy was the Jew; but the Constitution of the United States in refer 585 ence to that particular party, what right had' Trot, he could not have felt more poignantly, you. to take it from me? I want you to more keenly than I do, when I have looked answer me that question. Did I, as a slave- upon the calamities of my country. I can owner, ever invade the rights of the North? say with A_/neas, lcagna pars fui, though not Look at tile history of our own State. Look a sufferer to the extent of many of my people. at the case of Gorsuch; look at the case of It you wish to see the realization of this tmad Kennedy. lHad not they a right to claim scheme, go to my county, especially if you their slaves according to the rights guaran- were ever familiar with her history. There teed themn by the Constitution of the United you can see the footprints of desolation; States? What was the result? Will any men reduced front affluence and luxury, aimember of this body undertake to tell me, most to beggary, bankrupt in fortune, withunder.such circumstances as these, tlhat I out the means of educating their children, have not a right to my property in slaves, not because they have been disloyal, for I reand to protect that right? Is it not a consti- pudiate and throw baclk with contempt, the tutional right? It is not o':ly a constitu- idea of my people being disloyal. tional right of my State, but a constitutional Had they contented themselves with forcing right guaranteed to me by the Constitution into the army these who were fit for military of the United States. service, I do not know that I should comIn my county it has been said that a man plain upon this floor. But when they take is not loyal who is not willing to give up the aged, and infirm, exnd helpless, for nothhis slaves. If' you are not for the abolition ing in the world but to support, but to me of slavery, I cannot testify to yottr loyalty, and -my people invaluable, when they induced and do not care how many slaves you may them to leave their masters and mistresses, I have lost. Here are the extremes. Every man say that it is an outrage, and I am here this knows that so far as regards this Union, no day to protest against it. What have I done man is more devoted toit than I was. I had in this matter? I had the honor, when a been educated to look upon this government member of the Senate, to introduce a series of at the noblest structure that the wisdom ot resolutions looking to the correction of this the genius of man had ever devised. And I ev.l. By the courtesy of the Senate the rules say still, sir, that could it be administered in were suspended, and a joint committee of the the spirit of our fathers, the sun never shone two HIouses was appointed to wait upon the on so blessed a land. It possessed within President to inquire whether these things itself all the elemnents of greatness, everything were done by his authority. that was neccssary, of climate, soil, or pro- [The hour having expired, the hammer duction. Thougll we had our sectional or fell.] geographical divisions, yet these diversities On motion ofMr. BERRY, of Prince George's, constituted a ligament that bound the Union the titme was extended for fifteen minutes. together. I greatly regret that any circuml- Mr. BLLtNGaSLEY proceeded: When that stance should ever have occurred by which series or resolutions reached this House, it this great country has been severed. met with opposition and was defeated by one But what is the state of things now? What vote. But I will do the President the justice was the case in the ancient empire of Rome, upon this floor to say that I do not believe not in the age of christianity and enlighten- that it he knew the extent to which those outmnent? When Vertes, who was a peetor in rages were carried, he would ever have Sicily, by his exactions and crilnes had ten- countenanced it. But this has been done by dered himself odious to the kicilians, and the action of the government. I am free to they brought their cha ges agrainst him, and confess and candid enough to acknowledge he was arraigned by Cicero-I re;'ollect very that so far as slavery is concerned, I look well reading when I was a boy, that beauti- upon it as practically dead. But the differful exclamatio on of Cicero's in his oration ence between you and me in that particular against Verres, that even the declaration, is this: I am willing to admit that it is "1 am a Roman citizen," could not save dead; not dead though by the action of my from the scores of the lictors. How is it own State, but dead by the action of the here? I stand here an American citizen. General Governmlent. If there is ever a reWhat is the boast of every heart and of every turning sense of justice in the country, I soul that vibrated in the country? We believe, as conscientiously as I believe I have were in the habit of telling the down-trodden a soul to be saved, that this government if of other lands that this was the land of tree- able, will pay me for it. But you liberate dom, that this was the asylum for the op- the slaves, you who have control over it, prc.ssed, a desired haven of' rest, a home, a because it is an institution which you have refuge. But does the exclamation nowv, "I the right to control, and what right have you am an American citizen," protect you in to go to the General Government and deyonr rights? mand compensation? See the injustice that When t;aeas was summoned into the you ate doing. I would rather have no presence of queen Dido, and told her of the pledge upon the face of the earth this day destruction of his country in the sacking of and trust to the General Government, than 38 586 that my State should take any action what- you cannot controvert, are opposed to it. I ever in the premises. You, m: people, you have shown that it is not needed by the newho have lived under the government of the cessities of the hour. I must hasten to a State of Maryland, your ancestors from 1776, close by taking up the constitutional quesas a firce, sovereign and independent State, Lion; and I hope to be as strongly fortified not only tolerating but sustaining the insti- upon that subject as upon the others. tution, causing many of us to invest our I will conclude by reading some quotations money in slaves-do you turn round now upon the powers of a State Convention f'omn and deprive me of my property? And for L"Nicholas's Conservative Essays, legal and what, when it is practically dead? What do political.'' you propose to accomplish by it? To put "It may be taken then as proved that the yourselves right on the record to blot out the powers of a Convention are not unlimited as foul stain of slavery from the statute book? to matters without the scope of the Federal To cast a shade of'obliquy upon your fathers. Constitution, but are necessarily limited to Who are those that are foremost in the prop- objects within the purpose of its own instiosition to deprive me and Southern Maryland tution. Then comes what are those objects. of this species of' property? Do you owe us We need not look far to find them-they are nothing? I ask yout again, in all seriuns- developed in the Constitution -lhey areto form ness, do you owe us nothing? Who were a governmcnt which shall better secure the the men who consummated your great works rights and promote the ends for which men of internal improvement, for which, to this enter into society and voluntarily organize a day the lower counties of'Marylan d have been government over themselves. Those rights taxed without receivingO the benefit of one and ends are well defined by the preamble to dollar. Unfortunately for you, the very men the Constitution to be the enjoyment of the who inaugurated or rather who consummated right of life, liberty and property, and of this system-this grand system of internal pursuing happiness. With this view, all improvement, most of lhem were located in conventions are convened in free States. ExChailes and St. Mary's counties; Colonel isting rights of' persons and property are a Winm. D. Merrick, of Charles county, Gover- supposed pire-existing status. Conventions nor James Thomas, of St. Mary's, Richard are only used to secure them, they are none Thomas, of St. Mlary's, and Colonel Howard. of them derived by grant, express or implied, I know very well the clamor that was excited from either the conventions or the great body against the measure; and but fbor their pop- of society at large. Conventions and writularity, it never could have been carried ten constitutions are means used by the peothroughl in those counties. Here is Baltimore ple, not to conler those rights-for each man city built up, carrying not only our own pro- brought them with him into society-but the ductions but the productions of the mighty better to secure their enjoyment under a West, brought over these works of internal properly organized government, adequate to improvement, permeating through every their protection. If' a convention under such channel find making her the third city in the commission to provide for the'protection of United States. Yet, Baltimore city is fore- the right of property, were to attempt arbimost this day in inaugurating a poli,'y to trarily to abolish the right altogether, they bankrupt these very people who have been would its clearly transcend their power and the means of consummnating that syslem. attemrpt to usurp a power not given as a Look atAlieganyT. What would Alleganv physician who Nwiifully kills a patient whomn have been with her barren rocks, her moun- he has only power to heal. The proposition tain ridges, her forest xwilds, but for the de- is not theel'ore true, is not at all tenable, velopment of her mineral resources? Who that we hold our property by the good will did it? Whys, sir, the people of St. Mary's and pleasure of the present Convention. We county and Charles county contributed more hoid it by a right anterior to the institution to the development of' your wealth than any of government-a right above their reach other counties in the State. and what they cannot abolish. Will you under these circumstances, can " In Wilkison vs. Leland, (2 Peters, 657,) you under these circumstances undertake to that court also said: That governli:ent can deprive me of mly property and my people of scarcely be deemed to be free when the rights their property, when the property is already of property are left solely dependent upiou destroyed by the action of the governm-ent, the Nwill of a legislative body without any and a e believe it will constitute a just claim restraint. for appropriation hereafter? Will you de- "The fundamental maxims of free governprive me of' that poor little pittance by legis- ment seem to require that the'rights of lating upon this subject, by passing a bill privale property and personal liberty should for universal emancipation? What do you be held sacred,' at least no court of justice do it. for? in this country will be warranted in assumI have shown that so far as the moral ob- ing that a power to violate and disregard ligation or the religious obligation to take them-a power so repugnant to the princithis step are concerned, the authorities, which ples of justice and civil liberty-lurked under 58' any general grant of legislative anthority, or utter a voice of freedom, to echo the tones ought to be implied from any general expres- of the Almighty, to bid. the oppressed sions of the will of the people. The people go free. In the first days of our history there ought not to be presumed to part with rights were many warning voices uttered with reso vital to their seclurity and well-being, ference to the very question which is before without very strong and direct expressions us to-day. When America broke the bonds of such intention. We know of no case with which the oppressor beyond the sea had where a legislative act can transfer the prop- bound her, when she sang the song of liberty of A to B, has ever been held a consti- erty and declared that all people were born tutional exercise of legislative power in any free and equal, because that out of one blood State of this Union. On the contrary, it has God did malie all nations of men for to dwell been constantly resisted as inconsistent with upon the:ace of the whole earth,when she made just principles by every judici;ld tribunal in that Declaration of Indepeudence, there was which it has been attemptld to be enfor(ed. in the minds of the framiers of that instru"'Judge SIory (3 Coin. 267) says, it seems ment a firm conviction that the generation in to be the general opinion, fortified by a strong which they lived would see the end of slavery. current of judicial authority, that since the They acted up to the best light of the age in American Revolution, no State Government which they lived. The Constitution of the can be presumed to possess tle transcendental country is due to them, and in my mind is sovereignty, to take away vested rights of' a monument more lasting than brass; for property." though it has stood for so many yeart we MAr. CusuING. I rise to speak upon this here to-day can find but two or three things subject, inasmuch as it is important in the wherein we differ from it, after an experiminds of the constituency which sent nie ence of the working of the government under here, not claiming more than the gentle- that Constitutiol for some seventy-four man from St. Mary's, (Mr. Billiugsley,) that years. my lips have been touched by any coal from Their ideas of the extinction of slavery the altar, but knowing that my voice, how- have not been realized. Contrary to all their ever weak individually it may be, is but the exp)ectations slavery became first profitable, distant echo of the murmur of the thousands then respectable, then powerful, until finally that are btehind me in the city which sent rme it became the fundamental article in our pohere; knowing that however elevated, how- litical and religious creeds. It progressed ever pure, howev, r educated may be the con- until in politics there was no voice, in relistituency which sent the gentlernmen here, the gion there wats no c'hurch, in society there one that I haxe the honor to represent is at was no recognition for that monstrosity of least equal to it. However those who rise upon God's creation, an anti-slavery man, an abothis floor to advocate the immediate ernanci- litionist. All terms of shame, all terms of pation of the negroes in the State of Mary- blame, all anathlemas of reproach, divine and land may be said by the gentleman to intro- human, paled before that pre-eminent epithet duce here new doctrines; however they may of scorn and contempt-an abolitionist. be said to be the doctrines of men not born It finally destroyed even free speech in upon the soil of Maryland, which 1 do not this State. AMen no longer dared utter the see is any argument against the views that seutiments boldly maintained by their famay be advanced by themn, I take issue with thers. Alen no longer dared utter forth the hihn upon the statement as a question of fact. words ot the Revolution, unless they made Luther Martin protested strongly before sure as Holy Writ that slavery was not.the Legislature of Maryland, against the meant in the words they used. Slavery proadoption of the present Federal Constitution duced its legitimate effects in every sphere of because it allowed slavery; perhaps the life. The soil was worn out by carcless, unstrongest remronstrance that has ever been willingcuiture. Manuf~actures were neglected; made against the passage of any law, in for utnder slavery, labor was a thing of reterms so strong that I much doubt if any gen.. proach. Education was neglected, fbr learntleman upon the floor of this Convention ad- ing made abolitionists. The fact that under vocating similar views will say anything thie iiifluence of the institution of slavery 1anearly so strong. And Mr. Jefferson has bor has been a disgrace cannot be denied. used language which, if' uttered three ye.ars The very term that we find to-day, the ftago, at the time to which the gentleman from vorite term of' contempt, throughout the St. Marly's county alluded, would have sent slaveholding States, is the " mudsills" of the him iroin the city of Annapolis with a coat North, referring to our laboring men, one or of tar and feeatheis, and possibly would have whom to-day occupies the position of' Chief sent his soul to his God. Magistrate of' the United States. I have not From the first settlement of Maryland un- known, with all the boasted aid to poor men til now she has travailed and groaned under in the South, of one laboring man in all the this social, political, and moral curse of Piesidents that the South has given to our slavery; and to-day the representatives of country-not one who was originally a la*her people have assembled in Convention to boring man. 588 Not content with controlling the bodies of tution which protects every citizen of one human beings, they swayed and controlled State wlberever he goes, the Massachusetts their souls. Christians in a Christian land, judge hid to go back to his home, unable to forgetting the time when in the innocence of try a, question of State law in a State court, youth they had sat on their mother's knees because that question involved the right of and heard the sweet story of old, how Jesus blb-ck men. came down among men, sealed away the To please the slaveholding interest, the revelation of God firom millions of immortal Southern States would not allow that qnedsouls. For black men to read, or for white tion to be tried. To please them, the North men to teach the oracles of God became by find West lassed the fugitive slave law, malklaw a crime. Laws were enacted by legisla- ing the soil of every northern and western tares over whose diurnal sessions a minister State ground for slave-huntinrg. It wAs an of the omnipotent God was called to invoke outrage unplaralleled to ask a South CaroHis blessing and HLIs presence in their de- lina court to listen to a protest in favor of liberations, forbidding the full Gospel of the blnack man; but it was right and just that Christ to be preached, because that was the free States of the North should be hunted truth, and truth would make men free. No- over to take a black inan back into slavery. thing that had an element of freedom in it, Circumstances alter cases. I remember on nothing that had an element of truth, could one occasion, in Boston, being myself witbe told these people. ness — Finally came the necessity for slavery, that Mr. BERRY, of Prince George's. Will the if it would progress it must be allowed an gentlema-n allowv e to ask him a question? unlimited expansion of territory. By its pe- Were you in favor of carrying out the fugiculiar method of agriculture it wears out the tive slave law? land, and thus an unlimited expansion of 5;ir. CUSHING. I shall come to that in a territory became necessary, if slavery was to moment. I remember being in the citjy of be maintained in this country. Texas was Boston, some ten years ago,then a boy, born added to the Union. Va'rious compromises in Maryland, with all her prejudices, with an with regard to the western territory were immature judgment, as possibly the gentlemade and finally broken. The honor, the man may think it is now, and being a strong manhood, the integrity of the North and pro-slavery believer. I stood in the streets West went down before the consolidated of Boston and saw a black -man, who had union of slavery and democracy. The 25,- come hundreds of miles for freedom, who had 000,000 of the firee white men of the North endured all that humanity could endure, and West were forced to bow their necks to solely to breathe the free air of the North. the yoke of slavery more submissively than I saw in that old Puritan city all the wheels the black man ever did. The slaveholders of commerce, and lth delicate interweavitngs had but to ask an(l they received; in larger of finance stop upon a sumnmer's day, in measure than they asked was it granted unlo June, that this black man might be carried them. The anomaly has been shown for by 1,500 free citizens of Massachusetts, under more than half a century in the legi-lation of the authority of the Federal Government, this country, that half a million of men have down her principal banking street-this one controlled over twenty-five mill!ions. Insult bla'ck man-out upon the wharf, that he upon insult was heaped upon the loyal North might sail into slavery. Pro-slavery nman and quietly endured. that I was, as the Lord lives, had I been that -South Carolina made a law that black men day ai M,ssaclhusetts man, and had my life brought into her ports in vessels should he paid the forfeit the next monrent, I would not. confined in jail so long as they remained have stood by and seen upon the soil of' there. The State of Massachusetts, desiring Mass:chuisetts that man rendered back to to try the constitutionality of the South slavery. [Apolause, promptly suppressed by Carolina law, in South Carolina courts, so the President.] It was an outlrage upon all far as it affected citizens of Massachusetts, the history of' this land. I thought it was a sent one of her most distinguished citizens, bitter thing fir those old Puritan men who an old grey-headed man, prominent for his slept under the sod, men that had left their uprightness and his integrity, to test in a homes and had come in the bleak winter South Carolina court the constitutio:aality of across the stormy sea, solely that they nmight South Carolina law. His daughter being in breathe freedom, that in the city which they delicate health, Judge Hoar tookl her with had built under their fiee goverlment, which him. When they arrived in Charleston, the they had given to their sons, its citizens chivalrous, upright citizens of that city, men turned out with alacrity to shoulder the of education, slaveownlers, learning their bayonet of despotismp and send back a free mission, waited upon that old man and his man escaping from the condition of slavery. invalid daughter anid prayed him that he A MEMBER. Was that the Burns case? would leave their city, or the citizens would Mr. CusuIN. Yes, sir. Time passed on tar and feather him. Not being protected in and willing as the North had been under the a State of the United States, under a Consti- teachings of Democracy to join the slave 589 holder and give him all that he might askl seen so clearly that slavery and slavery alone the thing begs.n to grow so hard, and the is the cause of this wvar, that I stand here tolight shining through the darkness began to day believing and praying that this war shall be so strong, that even the gleam of gold rot cease until slavery shall be abolished might not hide it from the eyes of the most through the length and breadth of this land. interested; and they resolved that come what A wiser and more eloquent man than I would lieleafter, the territory of the United foresaw this long ago. Patrick Henry said States should be free; that come whatwould, in Virginia that if the time ever came when slavery should never progress beyond the she raised her a, m against the Federal Govhoundaries of the States in which it existed. ernment, one proclamation by the President They lhen contemplated nothing more. They of' the IUnited States would be enough to free elected a President who was bound to carry every slave in the South. The time has into operation their will expressed by his come. It is now simply a question of enelection. durance, and ia question of time. Then came slavery to its fair, legitimate Slavery exists only by local law. The place; for true to all the instincts of the in- civilized world deny its existence as property. stitution, with all the light that God and As property, as a question of international religion, and education, and freedomrn, and law, it does not exist. There is no power Christ, had thrown upon it, it would rather existing in the United States to-day to make rule in hell than serve in heaven; and it the thing claimed upon the floor of this House ruptured the bonds that bound the Southern as property, recoonized by anlly nation with country to the North, because its extension which it has amicable treaties. It exists only'was stopped. Do the advocates of slavery by local laws. It is within the power of the think what this war is? Do the gentlemen law of' the State clearly and beyond dispute, that think three years is so short a time for to put an end to its existence whenever it opinion and conviction to change, think how may so please Gentlemen forget that slavery near this war has come to an end? Do they has been a test question for some years, not think the mother whose son went out in the only here but in every State in the United pride of his manhood to die for his country, States. They apparently forget, what they and whom she believes has been slain by the ought to have known, that when the tide upholders of slavery, will teach her children upon which they have been riding so trilumphthat come after that boy, to maintain slavery antly in its flow, should begin to ebb, the inin this land? Will the father, stronz pro- stitution of slavery was gone. They might slavery man as he may have been, who has have known that whenever the time should sacrificed perhaps his three sons in saving his come when the voice of humanity and of country, and who believes them to have been God could be heard, there would be no half: destroyed by the upholders of' slavery, teach way measures. There would be no gradual other children and raise up another family to sweeping it away; but quick as was the evil support slavery? Think you this is the ope- to cotne, quick would it go, if haply with ration of the human mind? When you have the sin we might throw off the consequences, taken from a man all that is highlest, dearest, if having sown the storm we might forbear and b(est, do you think he will aid you to to reap the whirlwind, or the whirlwind settake more from him? Do gentlemen think of tirg forth might haply be stayed, and no more the treasure that has been spent and the blood be visited upon our people. that has been spilled? Do they remember Every reason:;.Which has been alleged or that all the free men of the North, who, given for maintaining slavery could be given either by sickness, or by wounds, or by sudden with equal justice by Barbary for holding its death upon the battle-field, have gone down Christians prisoners in bondage. No less a to the gra1ve protesting against slavery, were man than Benjamnin Franklin made this statea body of men most of them in the prime of ment to Mr. Jackson, and showed that tvery life and with a Lright future before them, argument urged in favor of African slavery nearly equal in number to all the slaveholders would exactly apply word for word to the of the South? I tell you that the blood of case of Christian prisoners l;anguishing upon redemption has been shed, man for man. the shores of Barbary. Fourte-en millions of Are the people of this country to forget all immortal souls are brought trot AtfIica in that? More treasure than they ever acc(umu- the African slave trade, in different parts of lated through all their traffic with the South, the world, and this is right. This, gentlethey have spent gladly to preserve their coun- men tell us, is the legitimate offshoot of the try. They are prepared to double it; they Christian religion. Forthis Christ cameinto are prepared to triple it. They are prepared the world that nations should be founded on to give their last son, and the faithers are pre- slavery; that men should control the bodies pared to go; but they will not have this war and so;uls of their fellows. the Son of God now to cease until slavery shall he forever died upon the cross. But I will not condecrushed. Though the land of the North be scend to meet an argument-assertions of depopulated, though its treasure be depleted, such a kind as this. I leave it to the enthis war has now gone so far, and they have lightened sense of the world I will not put 590 myself to measure text by text with any man Slavery stands to-day before the bar of the that will maintain that the Gospel of Jesus people of Maryland. She is impeached for and the Revelation of God sustain slavery, having driven all free migration to the other It is necessary, peculiarly in Maryland, to States, because free men would not come here abolish slavery, because the time has come in to live in a slave State. She is impeached for the history of the State of Martyland in her having stopped immigration, because shehas connection with the General Government Iblighted our soil with her culture. She has when she must decide. beyond peradventure, refused us ed cation, because education would on which side she will cast her lot. She must make abolitionists; and finally, she is imeither stand wavering between two, losing pached with having brought on this country force, losing weight, taking the evils of both the war in which we are now engaged. And and none ot the advantages of either, unless the verdict the people of Maryland give, first she shall definitely and clearly decide upon in premonition through this Convention, and this the first occasion given her as to where then by the ruling voice of the people when she will take her position. This article I think this Constitution shall be submitted to them. will decide that her position forever is with the will fix forever this much vexed question of Northl; that though every other Souther n slavery; and a vetdict'will be rendered which State in the Union shall join with the South, posterity for all time will applaud. The smile though every other State south of Mason and of the civilized world will be upon you; and Dixon's line shall go down into that seething we may thrn hope that God will smile on both cauldron of secession, she shall go with the State and nation. North; she shall go where her honor leads, I come now to the question of compensation wherefreedomflourishesandediucation reigns. for slavery by the State. We are met with All that is good and pure of our whole sys- many an assertion, apparently strong, that tern of Government has taken up the response. can be brougoht home to every'citizen. We Hard as it may seem, upon the floor of this are told that we shall make many a child Hall in Maryland, for gentlemen to call them- poorer. We are told that the slaves themselves American citizens, where epithets of' selves will be left destitute. Our sympathies contempt are flipped at Massachusetts, flipped are strongly appealed to, as they have been at Rhode Island, flipped at nmen from. New before. But, Mr. President, this is not a Jersey and other States; do the gentlemen question of sympathy. It is admitted that know that without those States the country always in all reforms the weak must go to the of which they are so proud would have been wall. There never yet has been a reform of unknown'? Do they know that taking out any kind in which some have not suanered. those States the country of which they are so We are not here to determine the organic law proud would never have been heard of in the of this Sta e by considering the few who may progress of' the world? Do they know that lose property; for the property of the few is all progress, all legislation, all education, all but a little thing compared with the good of the genius of mechanics and all the manufhc- the many. We do not allow ourselves to be tures of the country have come from that affected in the slightest degree by any appeals quarter and that alone? to our sympathy, and we do not care to listen Do gentlemen enjoy the unenviable results to any tale of individual miseries that may of slavery? Maryland has always professed be inflicted. We have foreseen that, and have to be bound in her connection waith the come here determined to I tthem be inflicted. Southern States which firmly hold and sus- This is no time for sympathy for the few who tain slavery. The other S'ates have left the lose their property when all around us are Union-so they say. Having dissevered them. men with their lives ebbing away. Our symselves from Maryland, they have invaded her pathies stretch there, and we have no time to soil; they have broken up her railroads; they think of the few whnse property is lost or have taken away hercitizens; they have made squandered. The loss of property is comwar upon the State of Maryland' yet I have paratively little in this wavr against the prinheard in this House not one single word of ciples of universal liberty, and it will have objection to that course. Though I have no weight I hope in this Convention. heard the Federal Government which de- Slavery is a nuisance in the State of Maryfended us maligned, I have not heard for the land, and therefore we claim that it shall be government, whose army invaded us, one abolished. We pay no muan for abating a word of censure. I do much fear me that nuisance, and we will not pay for slavery. slavery produces the effect that men want to Not one dollar, not one cent will we give. make conditions of their loyalty. I do much Not a day will we give. We will immediately fear me that their meaning is: We are loyal emancipate; we will not compensate. The if you touch not slavery. Itseems to me that voice of the people has said this before; and if slavery were once out of the way, weshould I say it in the name of my constituency here all say that the man who is not prepared to upon this floor. You may call it robbery; give up all that he has, or is, or hopes to be you may call it theft, or any other and milder for this Union, is not what wae should call a name that you please. Nevertheless the pinogood loyal man. ple have so determined. If it is a satisfaction 591 to any one to stand against the will of the should the State of Maryland pay for it? people and interpose these straws of epithets, There has not been, so far as I have been able I wousld not deprive him of that sitisfaction. to hear, any objection to the General GovernA mad dog comes in your way and you shoot ment paying if they please. But that the him. Forsooth, you go not arter his owner to State of Maryland should pay for a thing pay him. A wild bull rushes down the pub- which does not exist, and which has no lic highway, and you kill him; but you go value, which by the testimony of the reprenot to offelr payment. You kill him because sentative of one of our strongest slaveholding he is a public nuisnnce in the highway, o0- counties, Maryland has not destroyed, I do structint the rights of the people there. So not see the justice of. the free people of Maryland have had their.Mr. BILLT.NSLEY. If the gentleman will tights obstructed from the beginning of its allow me to interrupt him, in the course of history until now by slavery. my argument 1 Was frank enough to acThis kind of property alone, gentlemen knowledge that practically there was no tell us, is apparently to suffer by this war. slavery in the State; but if there should ever But do gentlemen remember that no kind of' be a returning sense of jLstice hereafter, I property in this community has as yet es- looked to the General Goverlnlent for recaped? Do gentlemen remember that more muneration. But if the Convention of the property htis been lost already in this State State of Maryland abolish slavery, as a local from confidence in the chivdlry than all the institution, we shall have no right then to go slaves in Maryland amount to? Is that class to the General Government for reimburseoi property alone to be cared for? I have mnerit. never heard an appeal to the State of MIary- Mr. CUSHING. If the evil of slavery was land to compensate citizens of the State for destroyed by the Federal Government anteother losses frum the effects of this war. If rior to the action of t[~e Staite of Matryland in gentlemen desire that compensation shall be the adoption of this new Constitution, how given, why not spread it abroad through the could that possibly affect the claimr? If the land to every man who may have suffered? destruction of the value took place anterior to Why pursue the same exclusive favoritism to- the action of Maryland, then the,action of' wairds the slaveholder which our State has.laryland could only affect the then existing pursued from the beginning? Our eyes are value, atnd could only operate upon the peropen. We decline to be led by anyr such fa- sons then held in slavery. I hold that blood voritism. MALryland to-day is not able to pay and money enough has been paid for them the losses by this war If the losses already all. While I do not intend now to indicate incurred by this war were to be paid back to what should be the action of the General the citizens in the torm of a funded debt, it Government, I do say that what was once would load Maryland down to that she could offered Malryland should not have been trinever pay it. Forty millions ot' dollarts to be Bed with. People that offer money and have paid by the State of Marylatud to the owners it refused, sometimes have grave objections to of slaves! Twenty millions of dollars to be offering it again. There was an offer to the paid by the city, which 1 have the honor to owners or holders of slaves to enlist them in represent, to the lower counties of Maryland the Federal army, and to be paid for it. You for slaves. One third of the population of would have thought that the strong loyal this State, in the city of Baltimore, does not counties in the Southern part of this State, see the equity of that proceeding. I can only animated by as pure a patriotism, as pure a speakfor them. Gentlemen from the portion love of country as exists in the whole State, ot the State from which all that malkes the according to their representatives, would grandeur of the State, its futur'e hope and have been delighted to have enlisted their its prosperity is to come, tell you that their slaves without loss for a fair value, that they constituents do not see the justness of that might aid their country. But I have never claim. heard thlat the slaveholders have come forIs this property alone destroyed? Iti safe ward. I have understood that the General enough in tihe taxes which it ought to have Government had to exercise its right to call paid, and which it has not paid. Slaves for upon every man that it pleased to come and which the owners paid $1,600 were taxed for give his aid; and that call was not upon the $400. The taxes have been upon the average property of the slaveowner but upon the perprice of $250 for 70 years. No justice to sonality of the slave. Arid that, I would any but tile holder of slaves has been the say to the gentleman, was a case which they constant cry. What became of the pcor had been taught as far back as the time of white mroan who was not a slaveholder-was Solomon would occur; for their riches took beneath consideration? wings and flew away. The vialue has been destroyed and ~one; There will come to Maryland, in the aboand we are askced to pay for that' which does lition of slalvery, sufficient importance and not exist. Did the Stateef Maryland destroy sufficient prosperity to pay her citizens. It it? The g::ntleman from St. Mary's (Mr. rmay come after loncg years, or it may never Billingsley) has told us not. Why, then, come, in the form of Maryland being able to 5-92 wipe out all funded debt; but it will cpr- Gentlemen are troubled about what is to tainly and speedily come in the conveniences become of the free negroes. God stffers not of the slaveholders themselves, when their a sparrow to fall upon the ground without freed slaves perhaps will stay with them, and his care, and counts the very hairs of our they will be able to hire on favorable terms heads; and I humbly submrit that Hie may the labor of the men who are now their be trusted with that qu,-stion. slaves. As it is now, the slaves will not Let those who have work for free negroes stay; because the temptation of freedom lies pay them just wages, and all we have will beyond; but when fiee they will stay. They not be near enough for the labor we need. will have to labor, and it will be alleviated There are agencies established to bring labor by the consciousness that the man is working from Scotland and Ireland, because we have for himself; and not for another; that he is not labor enough. Some gentlemen seem to working for his wife, and not because he is a think that the whole four millions of the chattel. It will be the labor of a man ani- Soulthern States are to comeinto Maryland to mated by the desire of providing for his farm- settle. If ever the South is free, if ever the ily, and not that of a man forced to work for idrms of the United States shall have closed his owner. around her and freed her despite herself, and There will come immigration into Mary- shall have done what under the Constitutlion land. Free white men, of whom we have she guaranteed to do, given her a reputblican heard so much, will come, because they will form of government, then four millions of then be equal; they will not be trodden slaves, for the labor that will be demanded down; they will not be denied freedom of in that territory, will be but as a drop in the speech; they will have the right to speak as bucket. The whole world will scarcely afthey think, responsible to none for the re- ford labor enough for that immense terrisults; they will not be legislated for by a tory. Their arms will be stretched out on class with whom they have no sympathies; every side to free men everywhere, to till they will not be legislated for by a class the those fields where there is the prospect bevery principles of whose existence are in an- fore them of unlimited wea.lth. They will tagonism with the freedom which they en- stretch forth their hands to the world for aid. joyed at home. But they will come here ton aFour millions of beings for all that vast free and regenerated State, a State which has Southern territory, Wnhere Tou canI lravel for been seventy-four years or more learning to miles, in some places for days, and look not be what it ought to have been three-quarters upon the fhce of a living human being I of a century ago. We l.have learned our les- When there shall be pea-ce in that hind, it son late; but we have learned it well. While may not be a place where the man who has others may learn it in the printed book, it owned another may care to live with the one has been reserved to us to learn it in three he has owned. Butt the 500,000 slaveowners years of hard, bloody battle; but we have rmay miarate, and in one year their places learned it well. The reflection of the sun would be more than filled by others. It is upon its red characters has printed it deep in human nature that a man who has owned our hearts. It is not with us a thing of another should be reluctant to employ the memory; but a thing of life. I tell you that man he once owned. Power once given, it lessons learned under such circumstances are is hard to take away. AVe cling to it, hownot to be for(gotten. ever bad it may be. Every instinct of our With reference to what we have heard so heart tells us that it is wrong; but from often, that if there ever occurs another revo- prejudice education, habit, and convenience, lution of the wheel of fortune this thing will we cling to it. I can understand bow they be undone, I tell gentlemen now that so long will make the most desperate effort and fight as God sitteth upon the rim of the universe, to the last gasp to prevent its being taken so long, if now we ptass an emancipation act away. But gentlemen, in conclusion, I will for the people of Maryland, so long will tell you one thingr. The testimony of' MaryMaryland be free. There exists no power land, the history of Maryland, the governbelow the power of omnipotence ever again meat of Maryland upon this question prove to bring slavery into Maryland, unless you thatfirst deprive her of all her present popula The mills of the gods tion, and then deprive the General Govern- But they grind exceeding small; But they grind exceeding small; met of all power whtever. Nay, moe; Though xvith patience stands he wailing, you must not leave one free State among the With ex pactness rinds he all." g States of the North; because so stronfy is l' that feeling now, that-Vif there were but one, Mr. JONES, of Somnerset. Before I take she would wage a crusade which would giath- leave for a time of this Convention, I feel it er under her banners the aggregate force of my imperative duty, (although I am sufferthe civilized world to sweep out slavery. ing somewhat from indisposition,) a duty Slavery comes not back to the land from which I owe to those whom it is mny honor to which it has once been driven. Once drive represent upon this floor, to enter imy feeble it back, and I assure you, it will never return. protest aainist the doctrines and the pur 593 poses which have been avowed in this hall alone, they had no objection to paying the by the advocates of this article. full amount required. But they did object to Sir, it seems that gentlemen connect the having naillions upon millions wrung out of war, which unfortunatelvr now so devastates the tax-payers of the land to go into the the land, with all their favorite artieles. pockets of the collectors, to a great extent, When the fourth article of this Bill' of Rights and what was left unsquandered into the was under consideration, we iwere told that treasury of the United States, and then be secession wvas the cause of the war, and that disbursed again to the States, never reaching that article must be put in the Bill of Rights the payers of the taxes. Against this system with a view to putting down the doctrine of the South remonstrated, and against this secession. And now when the twenty-third system the South was united; and egainst article o the of the Bill of Rights is under consid- this, when all other remedy seemed to her eration, we are told that slavery is the cause hopeless, the State of So th Carolina arose, of the war, and hence this article must be and immediately upon that controversy arisput in to put down slavery. ing between South Carolina and the Federal Sir, there is a more intimate connection Government, the demon abolition arose in between these two than at the first blush Massachusetts. might appear. More than thirty years ago There was a recommendation upon the part it became my duty to discuss both of' these of Virginia to the Southern States, that a subjects upon this floor, and to discuss them National Convention should be called to in connection, because there was then but settle the difficulty between the Federal Govone question presented to the consideration eminment and South Carolina. TInstantlv the of the General Assembly of Maryland. There papers of the North said-w hen that National bad then appeared in the North-as if re- Convention assembles there will be a very viving from the grave, to which it had been good opportunity afforded to strike out of supposed to have been consigned by the corn- the Constitution the article giving representpromise of 1820, under the eloquence and ation for slaves. Thus it was that the compatriotism of a Clay and those who co-oper- promises of the Constitution were all disreated with him at that day-there appeared garded-compromises which, it is admitted the demon abolition, which arose with threats on all hands by every statesman who has that have been now carried into execution, to ever spoken upon the subject, were the very set aside the God of the Bible that we wor- basis of the Constitution, and without which ship and the Bible in which we be- we should have had no Union, no Constitulieve, iand to inaugurate in their place an tion, no Federal Government. It is well anti-slavery God, an anti-slavery Bible, and i known that this question of slavery was one an anti-slavery Constitution. That was the of the difficult questions to be adjusted. It threat, and though there had been at that is wl11 known that it was adjusted in the libtime but one meeting held in Boston, at. eral spirit of compromise by our fathers in which resolutions had been passed, in Janu- the terms of the Constitution. It is well ary, 1833, breaking the silence which had known that the slave trade was even conbeen over this question, and the peace which tinned until 1808, as a compromise of conhad prevailed for so many years, yet I thought flicting rights, and of duties, and of investI saw then a purpose connected with circum- ments-the North taking her full share of the stances of revernge against the South for her responsibility, being engaged in the trade, opposition to the tariff, which created the and having been engaged in it for a great difficulties in 1833. The papers evidently number of years, under the authority of acts showed that they intended to repay the South of parliament of Great Britain. Not only for her opposition to the teariff; an opposi- was this representation for slaves agreed upon tion which sprung out of a desire, not to es- us one of the compromises of the Constitution, cape from the just liabilities, or taxes, or but the rendition of fugitive slaves was exduties, or;burdens which were necessary to presslv put in as an additional compromise carry on the government, but an opposition upon that subject. which was based upon the fiact that the pub- And now, sir,'upon this point I may asklie d.bt was all paid; that there was an over- how has the faith of the North been kept flowing treasury and Congress was at their upon these complromises of the Constitution? wits' end to know what to do with the money, We have heard the eloquent gentleman from and there were propositions to expend it in Baltimore city, (Mr. Cushing, ) who has just internal improvetnents here, there, and every- concluded his argument, state that he witwhere, but which were stopped by the veto nessed the execution in Boston of that clause of General Jackson-anrd propositions to dis- of the Constitution. And that, although he tribute it among the States. The South had been born in a slave State, rind had planted itselt upon the ground that the tax- slavery prejudices, yet had he been a citizen inu power was given by the Constitution to of AMassachusetts, he would not have aided enable the government to execute its powers in that enforcement. Then the oent!eman according to the Constitution, and that when would have violated the compromises of the money was raised for that purpose, and that Constitution, as now he would wage war 594 upon the South to their utter destruction, to tion to pay for the loss the acts of her authorcompel obedience to the terms of the Consti- ities had brought upon is. tution. H-Ie admits that he would have vio- Mr. MILLER. I suppose the gentleman re lated the Constitution; he justifies the vio- fers to the case of slaves being taken from lations which have taken place on the part of one port of the United States to another. the North, and which I shall show have Mr. JONES, ofSomerset. Yes sir; in their brought this terrible civil war upon us. transit from one port to another, upon our Now I desire to reply to a remark which ships, which are just as nmuch a part of our the gentleman made, fnd at which I was territory as the State of Virginia. They greatly surprised, that there was no property were on'board our ships, protected by the in slaves by the law of nations. I was sur- national flag, by the law of nations, which prised at that, because I supposed that in was violated. and for which violation Great this country that principal was so well known Britain paid compensation when demanded that there could be no mistake about it. of her. And there has been no instance, Have we not compelled Great Britian on that I have come across, in which any govdivers occasions to admit the right of pro- ernment has taken away this species of property in slaves? Has not this Federal Gov- perty without maiking compensation. ernment compelled Great Britain to pay in Great Britain herself, when, after twenty dollars and cents the value of slaves which years agitation of this question, urtder Wilshe had improperly taken away from our herforce and his coadjutors, influences were citizens-aye, sir, slates that by her persua- brought to behar to induce her to pass an act sion she induced to go on board of her ships; of emancipation of slaves in her West Indian and which she acknowledged by treaty she colonies-although she made it gradual, and, had no right, according to the laws of war, as was very well stated here, she provided to take? She agreed to return them. And not only for gradual emancipation, bul that for those she carried to Great Britain or else- they should serve five years of apprenlicewhere in her ships, she was subsequently ship —Great Britain herself, provided that compelled, under negotiations conducted by when emancipation did take place there John Quincy Adams, to pay the value. And should be compensation to the owners for not only that, but cargoes of slaves, by the loss of their property. They did not put stress of weather upon the high seas, on their it upon the ground of any French revolutionway from our ports to New Orleans, slaves ary doctrine of the right of iman, to set these belonging to the citizens of this country, slaves free; or upon this new gospel of an some belonging to the citizens of Maryland, anti-slavery God, and an anti-slavery Bible, cargoes of slaves were driven by stress of that slavery was a sin: a doctrine which, until weather into Barbadoe(s or Burmuda, and within the last century was never pretended were there turned adrift by the British au- to be found in the Bible, and cannot be thorities, so that they were lost to their found in any respectable commentator upon owners. The Federal Government made it. It took its rise about the tine that the claims upon thegovernment of Great Brit:ain, philosophy was promulgated, the political and ultimately compelled her to admit that doctrines, which culminated in the French the action of her authorities was in violation revolution with all its horrors, deluging the of the law of nations; that there was a land with blood; as it has culminated in this right of property in slaves by the law of country in all the horrors of civil war, desnations. And she ultimately paid their olating our land in blood. I thilnk the value, and that was not a great many years ship I spoke of, or rather there were two of ago. themn, were driven into Bermuda by stress of Mr. STIRLING. Ary impression was that weather, perhaps one of themn was wrecked the facts were the other way. Will the gen- upon some other island, or upon some key of tleman give the reference? the British possessions. Mr. JONEs, of Somerset. I cannot give Now, upon what ground did the President the precise reference. But if the gentleman of the United States, in his appeal to the will examine the diplomatic correspondence of border States, put this proposition of emanthis government, I think he w ill find it. cipation? lie did not put it upion the ground Ml. STIRLING. I think a reclamation was of the rights of man, or the rights of conmade and refused. science. or that slavery was any invasion of Mr. JONES, of Somerset. No, sir. natural rights. lie put it upon this ground: Mr. SANDS. His it been since 1808? " And the plan therein proposed, [resoluMr. JONES, Of Somerset. Yes, sir; within tion of Congress previously referred to] is the last 25 or 30 years; I think soume time in yet one of the most potent and swift means the neighborhood of 1839. There were citi- of ending the war. Let the States wlhich are zens of my own county interested in the in rebellion see. dtfinilely and certainly that question. I know there were some other in no event will the States you represent ever cases not paid for. But in those cases, join their proposed confederacy, and they driven there by stress otf weather, Great cannot much longer maintain the contest. Britain admitted that she was under obliga- But you cannot divest them of their hope to 59%5 ultimately have you with them so long as Not only was the emancipation proposed by you show a determination to perpetuate the the President to be gradual; not only was institution within your own States.'': there to be connected with it the gradual reYou and I know what the lever of their moval of this population, in order that we power is. Break that lever before their faces, might bring in a population that would work and they can shake you no more forever," regularly for wages, that would supply the Now, sir, that was the purpose of his prop- place of this unfortunate class of people; but osition to the border States. And how was the President said more. In response to the proposition to be carried into effect? He somne suggestions made by the Border State says: delegates: "The President acknowledged "I do not speak of emancipation at once, the force of this view, and admitted that the but of a decision at once to emancipate gradtu- Border Stales were entitled to expect a subally." stantial pledge of pecuniary aid as a condiNo man had proposed any such mad pro- tion of taking into consideration a proposiject as immediate emancipation, anywhere in tion so important in its relations to their sothe civilized world, in any time of the past, cial system." much less in the midst of the horrors of a That was the reasonable proposition of the civil awar, the possible consequences of which President of the United States within two no man can foretell, and at which the imagi- years past. Substantial aid was to be ofnation shudders. fered; the slaves were to be gradually eman" 1 do not speak of emancipation at once, cipated, and were to be gradually removed as but of' a decision at once to emancipate they became emancipated, so that other gradually. Room in South America for col- classes of labor might take their places. And onization can be obtained cheaply, and in what was the response of the delegates fiom abundance, and when numbers shall be large the Border States? enough to be company and encouragement "We regard your plan as a proposition for one another, the freed people will not be from the nation to the States to exercise an so reluctant to go." admitted constitutional right in a particular Not only gradual emancipation, but the manner, and yield tip a valuable interest. removal of this population from among us.; Before they ought to consider the proposi"this nuisance," as the gentleman from Bal- tion, it should be presented in such a tantimore city (IMr. Cushing) called it; "a nuis- gible, practical, efficient shape as to command ance which the sovereignty of the State has their confidence that its fruits are contingent the right to abate." And how do you pro- only upon their acceptance. We cannot trust pose here to abate it? By increasing its of- anything to the contingencies of future legisfensiveness; by letting it remain here, to the lation. If Congress, by proper and necessary destruction of all that is leftt to us from the legislation, shall provide sufficient ftunds and devastation of this war. You do not propose place them at your disposal, to be applied by to remove this population as the President you to the payment of any of our Slates or proposed. Who, but the abolitionists of the the citizens thereof who shall adopt the abolNorth, has ever supposed it possible that this ishment of slavery, either gradual or immepopulation could remain upon our soil in any diate. as they nmay determine and the exother relation than that of master and slave? pense of deportation and colonization of the The colonization scheme was based upon the liberated slaves, then will our States and proposition that it was utterly incompatible people take this proposition into careful that'any other relation than that of master consideration for such decision as, in their and slave could exist, while the negro re- judgment, is demanded by their interests, mained within our limits. Mr. Clay, in 1839, their honor, and their duty to the whole speaking of the colonization society inacLttu- country." rated some twenty or more years before, said And that was signed by five of the Marythat it was utterly impossible for the two land representatives in Congress, viz: J. W. races to coexist, except in the relation of Crisfield, Francis Thomas, Charles B. Calmaster and slave. Did not the President, in vert, C. L. L. Leary, and Edwin H. Webster. his talk at Washington with the free negroes That was the President's proposition, and the who waited upon him at the White House, response of the Border States to it, within tell them that they could not remainin jnxta- two years past. position with the whites here, and that they Now, look about us. The proposition here must look out for homes elsewhere-that they is immediate emancipation, without compentmust look to colonization, and that he would sation of any sort, and without removal. aid them in it? And did not Congress make That is the proposition we have submitted to an appropriation for that purpose, and were us for our consideration, and which we are not ships sent off with them to Hayti? Dis- told has been decreed by the popular voice to ease broke out among them, the half of them be carried into effect. I think my friend died, and a ship was sent there, and the re- from St. Mary's (,ilr. Billingsley) does not mainder of them was brought back; and so agree in that statement. I think there is a ended this scheme of colonization. very broad issue between him and the gen 596 tleman from Baltimore city (Mr. Cu(shing) right of the sovereign power to take private upon the subject of the popular voice. I property for public use upon adequ ite comagree with the gentleman from St. MAary's, pensat.ion)and I leave the circumstances in which this "But, wilthout stopping to examine into is proposed to be done where he placed it; to the true meaning of plhrases, it m:l y be propthe facts to which he alluded in reference to er to say, that. however extensive the prerogthe vote of Maryland at the last election. atives and attributes of sovereignty mv theMy learned friend (Mr. Edelen) on yester- oretically be, in free governments they are day went so thoroughly over the ground of universa.lly held to be restrained within some the provisions in the bills of rights of all the limits. Although the sovereign power in States, and also the provision of the Consti- free governments may appropriate all the tution of the United States, which said that property, public as well as private, for pubprivate property should not be taken for pub- lie purposes, making compensation therefor; lic use without compensation, that I am re- yet it has never been understood, at least lieved from the necessity of referring to that never in our republic, that the sovereign subject farthler. power can take the private property of A and And my friend from St. Mary's (Mr. Bil- give it to B by the right of'eminent dolingsley) has been so full this morning of main;' or that it can take it at all, except authorities which he submitted to show that for public services; or that it can take it for no government has ever undertaken to exer- public purposes without the duty and responcise any such power, to inflict any such injus- sibiiity of makinc compensation for the sactice upon atny portion of its citizens, that I rifice of the private property of one for the shall add but one authority to those which igood of the whole. These limitations have be read, and that is an authority going be- been held to be fund:amental axioms in free yond the delegated powers of State Govern- governments like ours; and have accordingments or Federal Governments. It is an au- ly received the sanction of some of our most thority that goes to the fountain head of eminent judges and jurists. Vattel himself sovereignty itself, and puts limits and restric- lays them down in discussing the question of tions upon that-the limits and restrictions the right of eminent domain, as among the of the etetnal principles of justice, which no fundaltental principles of government, bindpeopleanywhere can violate and set at naught ing even upon sovereignty itself.'If,' says without incurring the judgments of Him who he,'the nation itself disposes of the public rules over them: the God of our fathers; the property in virtue of this eminent domain, God of' our people; the God of our Consti- the alienation is valid, as having been made tution. I say that you cannot show, except with a sufficient power when it disposes in under despotic governments, any exercise of like manner, in a case of necessity, of the this power of sovereignty, this right of emi- possessions (the property) of a community nent domain, to take private property, even or of an individual, the alienation will be of the few, for any public use, without ade- valid for the same reason. But justice dequate compensation being made. mands that this community or this individAnd I have the pleasure to refr upon this ual be recompensed out of the public money; subject to very high Massachusetts authority, and, if the treasury is not able to pay, all to no less an authority than that of Judge the citizens are obliged to contribute to it.' Story, who bases his opinion upon authority, Vattel, b. 1, ch. 20, s. 244. They have been which is admitted upon all hands to be that incorporated into most of our State Constiof one of the most able and most eminent tutions and into that of the United States; writers upon law, viz: that of Vattel. The and what is most important to the present case grew out of the question of the franchise argument, with the State Constitution of of a ferry, and subsequently of a bridge, Massachusetts." over the river between Boston and Charles- That is the law founded upon common town, which cost the builders some $300,000; sense; upon the plainest principles of equity and which was bringinff them in a large and of justice. revenue. The State of Massachusetts char- It may be said that that applies to certain tered another bridge, which subsequently species of property; that it does not apply to fel into the hands of the State, which threw slave property. Now, I challenge the proit open to the free use of all its citizens; thus duction of any authority for any such distaking away the revenue of the first bridge. tinction. Nowhere has any such distinction The question was upon the power of the ever been made; that property is not only Legislaiture to do that. The decision was in recognized by the States, not otnly recognized favor of the State, but Jidge Story, in a very by the Constitution of the United States elaborate dissenting opinion, states this pro- which carries that recognition as far as its position as unquestionable law: provisions extend, but, as I have already " But, without stopping to examine into said, it is recognized by the law of nations. the trite meaning of phrases "- I therefore submit to gentlemen, that what(Thatis' sovereignty" and "eminentdo- ever they may choose to do, however they main," by which he means, as he says, the may set aside these principles of law and jus 597 tire, havingf the power, they must take the condition of removal from the State, having responsibility of its exercise. And if the special reference to the colony of Liberia? principles of justice and equity are ever again And why was it that just abou:t thesame tine, re-established in this land, I trust that re- the Legislature declared that no free nesponsibility will be met by the people; and gro from any other State should come to reside that, notwithstanding constituttiinal restric- into the State of Maryland? It was upon the tions, notwithstandinga the attempt to ham- most pressing and urgent public necessity; per the Legislature by a provision in this upon the experience of the evils growing out Constitution, they will make restitution for of that system of emancipation; because the the wrong you may do. I think it is "' the fact was forced upon the public mind, upon unkindest cut of all" not even to leave that the conscience of every private individual, question lo the future, not even to the con- that we had this institution among us and tingencies of those very works of internal that it was inevitable for the benefit of both improvement, which the gentleman from St. to continue the relation of master and slave, Mary's (Mr. Billingsley) so kindly reminded until in the providence of God a way should the gentleman from Baltimore city (Mr. be opened to transfer the manumitted slave Cushing) were built by the smaller counties to the home of' his ancestors upon the shores coming to the aid of the city of Baltimore. of Atrica. And that was the system inaugMy own county and myself stood by the side urnted, that was the policy adopted and of those named by the gentleman from St. which prevailed in Maryland unquestioned, Mary's in sustaining the city of Baltimore; down to the commencement of these unforand without our votes, not one of the meas- tunate troubles. ures necessary to build those works could And why was it? Had not:manumission have been carried. And in making thecan- been tried elsewhere? I-lad it not been tried vass afterwards, I had to meet the objection all over the New England States? Had they that I had voted for works of internal im- not gradually dispossessed themselves of this provement to bring down coal and wood and property upon the ground thlat it was no other articles t6 Baltimore to comne in com- longer profitable, that it interfered with the petition with the trade of our own citizens at rights of the poor? If 3You look into the home. Dred Scott decision, so much abused, you And yet, you now refuse to trust even to will find some historical facts stated by Chief the contingency that the enormous profits of Justice Taney, showing the ground foremanthese works may bring such revenues into cipation in Pennsylvania, New York and the coffers of the State as to give her the other States. Nowhere was it upon the ability, should she at any time have the feel- ground that it was a sin against God and iug of justice, to make some compensation for nature; but it was upon the ground of pnbthat which you propose to tlke away so un- lic expediency that the property had ceased justly. You propose to tie up the hands of to be profitable there, and it was deemed future legislatures so that they shall not have necessary to get clear of it, all those who even that discretion. should be born after a certain date were to be Mr. President, it is a fact in the history free, and hence, no one was oilng to the exof this State, that not a very great while pense of rearing the children for freedom. after the introduction of slaves, the Legisla- You do not find the New England States doture provided as a reward for faithful ser- ing anything of that sort, for they kept but vices, and also in accordance with the feel- few of their slaves. ings of many of that day who had some con- Now, what was the operation of that sysscientious scruples upon the subject, a mode tem upon the moral condition of the negroes in which such feelings could be gratified by thus set free, and what was its operation bestowing freedom upon those slaves that upon society there? Let meshow you what might be supposed to merit it. Provisions was the operation; I shall not have tilue for were made to allow of their manumission- more thin a glance. I have a pamphlet here the mode of manumission being prescribed full of facts-not only in regard to the operaby the Legislature. And the free negroes in tion of emancipation in New England. but in the Slate are nearly every one of them the Jamaica, Hayti, and everywhere, that this slaves manumitted under those laws or the unfortunate class have been left to themselves descendants of those manumitted slaves. without the control of an owner to lookl after Why then was it, that about the year 1831, them, care for them, and exercise over them a this system that had been in operation ifor proper discipline to keep them within the perhaps a hundred years-I do not know range of his pirotection. Let meread enough how far back this system of' emancipation to show what these facts justify: had been inaugurated-why was it, that af- "Gigantic efforts are now bring niade to ter discussion throughout the State, in the convince the people of the North that the public press, in the halls of legislation, the overthrow of the present relations of the General Assembly suddenly put a stop:to it, black and white races in the South or what and declared that in future emancipation is mistakenly called' the abolition of slaveshould not take place in Maryland, only on ry,' would be a great benefit to all concern 598 ed —a benefit to the white race, to the negro Hon. Samuel M. Hopkins. Tn the first anrace, and a grand step in the progoress of civ- nual report of the society, dated June 2d' ilizcition and christian.ity. Now the simple 1826." truth is the exact opposite of this. To over- See how short a time it was before 1831, throw the present relation of the races, is to when Maryland had to adopt this self-protectinjure both the white man and the negro, and ingr policy. to inflict a deadly blow u-on the cause of They enter into an investigation " of the humnanity, civilization and christian.ity. Wie progress of crime, with the causes of it.,''" only need to approach this subject in a spirit from nwhich we make the followinr extrac t: of candid inquiry, and to briny it to the' Degraded character of the colored poputouch-stone of fact. It is proposed to show lation." in the i'ollowing pad'es This was in 1826. Slavery had not exist" First. The effects of emancipation in the ed in 1Massachusetls since the days of the ReNorthern States in the incre-ase of crime, pau- volution. And certainly there had been an perism and vice amiong the freed negroes. (pportunity giv(n, under the refinement of " Second. Its results in the West India Is- the christianity and education of isas.achulands, wherp it has ruined production, de- setts for the free negro to rise to tile dignity stroyed commerce, e.nd - where the negro is fast and stature of m'mhood, and to show his relapsing into his original African savygistm. capacity to enjoy the ri'hts of a freeman, Third. The effect, of free.-negroism upon when left to enjoy the wages of his labor. the conmmerce, wealth and business of the Bu-t what was the iesult? world, aind especially upon the white labor- "The first cause existing in society of ing and producing classes, in producing a the frequency and increase of crime is the scarcity of tropical productions and a cor se- degraded character of the colored population. qnent increase of pri'e, thus allowing negro The facts, which are gathered from the petliidleness to tax white labor. tentiaries, to show how great a proportion of " The inherent right or wrong of any mea- the convicts are colored, even, in those States sure may hte fairly determined by its effect. where the colored population is small, show That which produces crime, pauperism, im- mnost strikingly the connection between igmorality, poverty and misery, cannot in the norance mind vice." nature of things be right. Theories vanish'" The report proceeds to sustain its asserbefore the stern arbiter of facts, aand to that tions by statistics, which prove that in Hiasunermring tribunal we appeal." sachusetts, where the free colored people conNow I invite the mittention of gentlemen to stituled one seventy-fourth part of the poputhe reports of the benevolent associations in lation, they supplied one-sixth part of the New England of' the effects of abolition upon convicts in her penitentiary, tlhat in New this class of people. Shortly after emanci- Yorlc, where the free colored people constitnpatiton began in Pennsylvania in 1780, Ben- ted one thirty-fifth part of the popyllation, jamin Franklin issued an appeal for aid to they supplierd i ore than one-fourth pa.rt of his society I' to form a plan for the promo- the convicts; that in Connecticut and Pennftn of industry, intelligence and morality sylvania, where the colored people constituamono the free blacks.' ted one thirty-fourth part of the popualtion,'; How far Franklin's benevolent scheme they supplied more than one-third part of the had falen short of his anticipations, may be convicts, and that in New Jersey, where the judged of from the fact that forty-seven colored people constituted one-thirteenth part years after Pennsylvania had passed her act of the population, they supplied mnore than of emancipation, one-third of the convicts one-third part of the convicts." in her penitentiaries were negroes or mulat- "In the second annual report of the society, toes. Some of the other States were even in dated June 1st, 1827, thle subject is again a worse condition, one-halfof the convicts in alluded to, and tables are given, showing the penitentiary of New Jersey being freed more fully the degraded character of tle freed negroes. But Massachusetts was almost as negro population.'The returns from the badly off as appears from tlie report of the several prisons " says the report, "show that Boston Discipline Society." the white convicts are remaining nearly the Now this comes from the land of steady same, or are diminishing, while the colored habits, where began this crusade of liberty, convicts are increasing. At the same time fiorm that very elegant society, the IMutual tihe white population is increasing in the Admiration Society, of which I believe the Northern States much faster than the colored Hon. Edward Everett has the honor of being population." Presidlent about this time. And he goes on to give a table.' Tliis benevolent association included Mr. STocaiBRoDGE From what do you read? among its meiherrs, Rev. Francis Wayl;lnd, Mr. JoNES. 1 read fiom a pamphlet entiRev. Aiistin Edwards, Rev. Leonard Woods, tled " Free negroism, or results of emoincipaRev. William Yarles, Rev. 13. B. Wisner, tion in the North, and the West India IsRev. Edward Beecher, Lewis Tappan, Esq, lands: with statistics of the decay of coatJohn Tappan, Esq., Hon. John Bliss, and merce, idleness of the negro, his return to 599 savagfsm, and the effect of emancipation other States when we could not get them upon the farming, mechanical and laboring here; but very few of them were sent over. classes." Published in New York, by Van You could not get them to go; they would Evrie, Horton & Co. This is No. 2 of the not go where they were to be freemen, have anti-abolition tracts. the right to vote, to sit upon juries, and take Mr. SrOCIBRa1DGE. The author's name is part in t! e affairs of government. There not given? were educated men among them, but how Mr. JONES, of Somerset. No, sir; it is a few of them could be induced to go let the compilation fiomn the Prison Discipline So- reports of the colonization board to the leciety's reports gislature forom year to year answer. Finally, By Mr. STIRLING. What is the date of the the legislature had to give up in despair and publication? repeal the tax. These people would not go. Mr. JONES, of Somerset. 1863. But the The y have strong local atlachments, and facts that are alluded to in it did not trans- would rather lie down and perish of starvapire in 1863. And if you will look into the tion and nakedness where they are, than go Prison Discipline Reports of 1826 and 1827, and enjoy the honors and offices that might you will find the facts as here stated. These be given to them in Liberia. They have a facts were notorious at *the time, and our horror of it; no condition of slavery has own experience was the same. Our own horrors to them equal to the idea of being penitentiary at that time was beginning to be carried to Liberia. This, sir, is their unforoverrun; we had not room enough; we had tunate condition. to enlarge the buildings to take in this class Something has been said about its being of population. Three-fourths of the time of contrary to law to teach the slave to read the our courts and juries was taken up in trying Bible, the revealed word of God. I do not those people The people of the State began remember any law in this State upon the to be alarmed; they said they were tired of sulbject; but I remember this very well, that being taxed to support this degraded class before this demon abolition started in the who would not work, but wou:d steal, who North, and souglt to inundate the slave would go ragged, and idle their time away in States with its incendiary publications, there squalid beggary, and necessarily become de- wis much attention paid to the instruction graded, drunken, worthless crimrinals. And of slaves in reading and writing by their there is not a lawyer within the sound of my owners. I know many ladies who devoted voice, who has been engaged in practice in much ot their time to teaching their servants, the slave counties, who does not know this and whose household servants, or the most of to be true. I believe there are some dozen of them, could read their Bibles, and had Bibles this class in the jail of my county upon to read, and could write. What put an end charges of capital crime. In the last few to this ameliorating and christianizing inyears this has been growing worse. There fluence? The Northern abolitionists who have been several cases of capital punishment sought through this medium to invite to inin our county upon negroes of this class, for surrection and bloodshed and murder, this the most heinous offences known to the law. very population that these Christian women Therefore it was that this experience in were thus endeavoring to instruct and lead our own State, corroborating the experience under the humanizing system of servitude of the Northern States, as to the effects of that has ever existed in the State o, Maryland emancipation upon this class, brought about during my knowledge, to a proper underthe policy I have referred to. And in 1850, standing of christianity and reliaion. when the Convention met in this hall to I again appeal to those, wtvether slaveframe a new Constitution, so pressing were holders or not, who have been within her these facts upon that Convention that they borders, to say if there was a laboring popuadopted an article in the Constitution that lation on earth better fed, clothed ancd cared the legislature should have no power to in- for, and worked so lightly, as the slaves of terfere with the relation of master and slave. Maryland. Take the statements of the agent Maryland had been fbor twenty years endeavor- of the Agricultural Society of Mlassachusetts, ing to ameliorate the condition of this un- sent to Europe to examil!e into the condition fortunate class'of fiee negroes. Simultane- of the laboring classes there, and see the conously with the cessation of the system of trast between what he describes as the conmanumission, she opened communication dition of the laboring people in England and with Liberia; she organized a board of Scotland, and the condition of the slaves of' colonization and appropriated $10,000 a Maryland. I-le states that he found there year, levied upon the property of her citizens men and their wives, living in miserable huts, with a view of ameliorating the condition of who had been employed upon the same estates this unfortunate class, and inducing them in hard labor for twenty, thirty, iorty, fifty, to go to Liberia. For upwards of twenty and even sixty years, and'wthen he asked years, if my memory serves me ightly, this them if they had laid up anything for a rainy tax was paid. Now and then a cargo was day, for their old age, they seemed perfectly collected from all parts of the State, and fiom surprised at the idea. They had been barely 600 able to make enough to eat and to wear, and question. I tell him that the Constitution that of the very poore.t sort. That is the clothed the Federal Government with that condition of the laboriig population in those authority and made it obligatory upon it to coun tries. And I say tmat 1 may challenge execute the law. The Constitution has done the world to show any laboring population more. The Constitution which has b)een so well cared lor as our slaves were. adopted by New Hampshire, and Vermont, "'No compensation for their labor" it is and Mlassachusetts, and Connecticut, and New said; that is the idea. They are now to have York, and all tlhose western States which the fru'!its of' their labor. Hlave they not have bteen admitted to enjoy the blessings of had the Iruits of their labor? Have they not this Union-that Constitution said to ttlem: had comrfortable houses to shelter themi,; and You are bounrd by the high obligation of abundance of food antd clothing, and as light your plighted faith to return to his owner the labor as was compatible with the duties of futgitive slave that comes within your borders; the master to provide for his househlold? it was a part of the compact, and whatever Have they not had the family physician to you may think about it you are not at liberty attend them in sickness'! lave not the wives to set it aside, for the obligation is there restand daughters of slaveholders nursed them ing upon you..ow has that obliga;t!on been and cared for them in sickness'? Has not the fulfilled, even within the State of Peinsylminister of God come to them and stood vania, upon your border? around their beds as they were lying in suf- Mr. SANDS. My question related to the time fering atidpain? And thisis the system that antecedent to this war, when the slaveyou are to uproot, and in place of which you holdermsjooked exclusively to the Federal are to bring abolitionism to destroy all this Governi't. fair prospect, anid to plunge Ihis unfortunate Mr. JONES, of Somerset. Precisely, and class into idleness, crime and degradation; to looked in vain. Not because the Federal break asunder the ties which Uind this un- Government was unrable or unwilling. fortunate, yet l;aithful and affectionate class The PaRESIENrT. The gentleman's timeis up. in many respects, to their owners. I have Oul motion of Mr. ScoTvr seen some of the victims of this delusion. The time of the gentleman was extended When the steambloat came with soldiers fifteen mitnutes. sounding the praises of gettinig food and Mr. JONES, of Somerset, I had no idea I clothing at the expense of the United States, had spoken an hour. I was just goiilg to give they thought it was a fine life for the ntegto, my frienld from Howard (Mr. Sands) the benand so they rushed on board the boat to go efit of lMr. Ctay's opinions about abolition where they could get plenty to eat and clothes and its tendencies, in a speech which he to wear aind nothing to do. Somue of tnenI made in 1850 to the Legislature of Kentucky, tritd it for two or thiee mouths at Washing- alter he succeeded in carrying the comprotoin among their particular friends, the abo- mise measure in Congress. It was Mr. Clay's littonlists, at $25 a month; and ote poor old testimlony to the patriotism and support of the man, who worked precisely is he pleased, democratic party in carrying those measures, who served as manager anid overseer to one which lhe said was equal to if not greater of mty neighbors, a man about 60 years of than tha:t he had received from his whig age, who carriid his master's keys, had a Irietids. The vote will show that he was dehorse to ride, atnd a carrriage, too, it' he chose, pendc-nt upon the democratic support which with as mucij muney as he wanted,. he thought liereceived for the success uf his measure. he must go, and he went to Washingtou arid But I shall haive to forego that. engaged to groom horses for $25 a month. I had intended to show that Mr. Lincoln in He worked tner'e tur two or thiee months his iniaugural addtess, and Mr. Seward in his without getting any pay, and finally went to despatch No. 3 to Mr. Dayton, said thtat the the departmenrt, Nhere he was put off with condition of slavery in the severral States $7.50. He had got euough of that; hlie wet would remain just the same whether tile relioume to his master, most Lhumbly besceching bellion succeeded or failed. Now sae the to be received agaia as a slave; its others change that hi;s taken place in their purhave done in that neigthborhood, coming poses. back to their owners, repudiating this systemi I have another pamphlet here from which which briLigs them to poverty, disease tind I should have been very happy to read some death, praying to be received agitin in their extracts. It is a pamphlet filled with the holles which they had lelt under a delusion, sayings and doings of that abolition conspiand asking to be received under the kind carl racy in the New England States which has of their masters, and into the servitude in brought about these troubles. It is entitled, which they lived before.' Thi abolition conspiracy to destroy the Mly learned triend from Howlard (Mr. Sands) Union; or, a ten years' record of the' Repubasked me this question the other day: If my lican' party. The opinions of William Lloyd slaves run away froom Mary land, and weat Garrison, Wendell Phillips, Abrtaham Lininto the Northern States, to whom would I coln, William H. Seward, Salmon P. Chase, look for redress'? Well mlight he ask that Horace Greeley," -and a great many others. 601 I will read an extraoit from a' speech of Wen- Tributue is entirely right, but it does not state dell Phillips, delivered in Washington, on the whole truth. The following extracts will the 14th of March, 1862: This pamphlet enable it to perceive what other effects sprang says: " At a meeting which we: believe Mr. from that same cause: Lincoln attended," but whether he was there Resolution adopted on motion of Wendell or not, the manner in which the speech was Phillips by the American Anti-Slavery Soreceived and indorsed by the Vice President ciety, New Yorkl, May, 1848. of the United States, will appear in the sequel. " Resolved, That recognizingaswedo, with Wendell Phillips said: profound gratitude, the wonderful progress I have labo ed nineteenyearstotakenine- our cause has made during the last eighteen teen Statesout of thisUnionand'ifI havespent years, and yet considering the effort now any nineteen years to the satisfaction of my making' to impress the community with the Puritan conscience, it was those nineteen idea that the church and the land can and years. The child of six generations of Puri- will abolish slavery by its own virtue, and tans, I was taught at a mother's knee to love that the parties are able and willing to purity before peace, and when Daniel Webster grapple with the evil, this society deems it taught me that the Union meant making a duty to reiterate its convictions that the white men hypocrites and black men slaves; only exodus for the slave out of his present that it meant Lynch law in the Carolinas, and house of bondage is- over the ruins of the mob law in Massachusetts; that it meant lies present American Church, and the present in the pulpit and gags in the Senate; when I American Union." was told that the cementinr of the Union was This demon of abolition had entered returning slaves to their masters, in the name into the fraternal conclaves of the churches of the God I loved and had been taught to in the North when they. were united with honor, I cursed the Constitution and the the South, and had snapped asunder the Union, and endeavored to break it; and, cords which bound them in Christian ties thimrik God, it is broken." one to another, until there was as thorough Who brolke the Union? The next day Mr. a separation upon that subject as ever exWendell Phillips was received on the floor of isted between any two nations upon earth. the Senate, the Vice President leaving his But I must not forget to read some exchair to welcome him. tracts from another shining light in that There are one or two other paragraphs here abolition school, the Rev. Theodore Parker. that I must read. The following resolutions And by way of showing his idea of divinity were adopted by the American Anti-Slavery and religion, I read an extract from a letter Society, at its regular anniversary in 1844: addressed to the Hon. S. P. Chase in 1854, " Resolved, That a political union in any and to be found in the second volume of his form between a slaveholding and a firee com- biography, page 226.; e there says: munity must necessarily involve the latter in " I have studied this matter of the divine the gulf of slavery. Therefore- origin of the Bible, and the divine nature of "' Resolved, That secession from the United Jesus of Nazareth all my life. If 1 underStates Government is the duty of every abo- stand anything, it is that I say there is no litionist, since no one can take office, or de- evidence-external or internal-to show that posit a vote under its Constitution without the Bible or Jesus had anything miraculous violating his anti-slavery principles, and ren- in their origin or nature, or anything divine dering himself an abettor to the slaveholder in the sense that word is commonly used. in his sin. The common notion on the matter I regard "'Resolved, That fourteen years of war- as an error-one, too, most fatal to the defare against the slave power have convinced velolment of mankind. Now, in all my laus that every act dene in support of the bors I look to the general development of American Union rivets the chains of the mankind, as well as to the removal of every slave-that the only exodus of the slave to such special sin as Amlerican slavery, as war, freedom, unless it be one of blood, must be drunkenness, &c., therefore I introduce my over the remains of the present American general principle along with my special Church, and the grave of the present Union. measures, I become personally unpopular, "Resolved, That the abolitionists of this hated even; but the special measures go country should make it one of the primary forward obviously; the general principle objects of this agitation, to dissolve the enters into the public ear, the public mind, American Union." and what is true of it will go into the heart And the Tribune says what about that anti- of mankind and do its work." slavery society? Then in a letter, dated June 27, 1856, to " The organization of the American Anti- Mr. Horace Mann, he says: Slavery Society, which has just been cele- " What a state of things we have now in brating its anniversary in Philadelphia,. is politics l: The beginning of the end I. take said by the Tribune to bear to the election of it we can elect Fremont; if so, the battle'is a Republican President in 1860 the relation fought and the worst part of the comtest is of remote cause and ultimate efbect. The over. If Buchanan is chosen, see what fol29 602 lows. The principles of the administration ning-and I hung as a traitor? So I invest will be the same as now; the measures the property accordingly. Wife's will be safe. same; the mode of applying the principles I don't pay the mortgage till 1862." and executing the measures will be slightly He has an eye to the main chance, even in altered-no more. It is plain that another such a contingency. such administration would ruin the coun- Now one more quotation from Mr. Parker, try for men like those of Middlesex county, from a letter written to Miss Hunt, in EuMassachusetts. I don't think the people will rope: see themselves conquered by 350,000 slave- " At New York and elsewhere, Banks said holders, headed by an old bachelor! If the election of Fremont would settle the Buchanan is elected, I don't believe the slavery question, and stop agitation for thirty Union holds out three years. I shall go for years. dissolution." "I opened my eyes when I went out west, And then in another letter addressed to and saw that the hands of the republicans Prof. Desor, during the same year, 1856, are not yet quite clear enough to be trusted he says: with powver. There has a deal of bad stuff " But if Fremont is not elected, then I look came over the republican party. I am more forward to what is worse than civil war in than ever of the opinion that we must settle the other form, viz: a long series of usurpa- this question in the old Anglo-Saxon waytions on the part of the slave power, and of with the sword. concessions by the North, until we are forced "There are two ConstitutionsforAmericato take the initiative of revolution at the one writ on parchment, and laid up at WashNorth. That will be the worst form of' the ington." case, for then the worst fighting will be That is the Constitution our fathers made. among the Northern men-between the What is the other? friends of freedom and the hunkers. I ex- " The other also on parchment, but on the pect civil war, and make my calculations ac- head of a drum. It is to this we must apcordingly." peal, and before long. I make all my pecuThat was three years before the John cuniary arrangements with the expectation Brown raid at Harper's Ferry. Again, in a of civil war." letter to John P. Hale, dated October 21, Now, who prepared for civil war? who 1856, he says: made preparations for civil war? who were "If Buchanan is President, I think the ready to begin civil war? who sent John Union does not hold out his four years. It Brown to inaugurate civil war and insurrecmust end in civil war, which I have been tion at Harper's Ferry, when Virginia and preparing for these six months past. I buy the South were in profound peace, resting as no books, except for pressing need. Last they supposed under the oegis of the Constiyear I bought $1,500 worth, this year I shall tution, and under the protection of the laws, not order $200 worth. I may want the money and the plighted faith of the North? Sir, for cannons. there are two sides to this question, if gentle"' Have you any plan, in case we are de- men will but examine it. And when they feated? Of course the principles and measures talk of the ambitious men of the South who of the administration will remain unchanged, desired separation for self-aggrandizement and the mode of execution will be more in- and the reopening of the African slave-tradetense and rapid." although, unfortunate for that theory, one of Then he wrote in his diary, on the day on their first acts was to put a provision in their which James Buchanan was elected Presi- constitution prohibiting the African slave*dent: trade forever- when they put themselves upon "This day is not less critical in our history trial before the jury of the world as to the for the future than the 4th July,'76, was for causes for their separation, whatever may be the past. At sunrise there were three alter- said of them, they are in the midst of that mNatives: trial now. But I beg gentlemen to took at " 1. Freedom may put down slavery peace- those who not only afforded the pretext, but fully by due course of law.. were themselves hurrying on the engines of " 2. Slavery may putdown freedom in the destruction, and who said if they were not:same way. successful at the ballot-box, they were pre"3. The friends of freedom and its foes pared for civil war, even to be hung as traimay draw swords and fight. tors. If this picture commends abolition to "At sunset the people had repudiated the the contemplation of the people of Maryland,.first alternative. Now America may choose and to this Convention, all I have to say is:between Nos. 2 and 3. Of course we shall that the days of mad fanaticism have not yet fight. I have expected civil war for months; passed over, as we have seen here in our now I biuy no books for the present. Nay, midst, unfortunately for us, under circum-:I:think affairs may come to such a pass that stances that bring sadness to my heart when my own property may be confiscated; for I look at them. who knows that we shall beat at the begin- Thirty-one years ago and upwards, when 603 I was a member of the House of Delegates, I That was the sixth of a series of resolutions had to contemplate the possibility that these setting forth what in my judgment was the things might come. I came across a piece of true theory of our Federal Union. paper the other day which contained a part Those resolutions expressed the views and of my notes at that time, for I spoke from the opinions which, in my conscience, and very full notes. I find it to contain these under the solemn obligations which were words: placed upon me, I felt it my duty to present. " The time may come when the free States I did so, and endeavored in a four hours' may acquire the power of the General Gov- speech to maintain them by argument and ernment, and under some wild construction reference to authorities. Amon(r others, I of the Constitution undertake to interfere quoted the opinion of John Quincy Adams, with the institution of slavery in the South- in his message to Congress in December, 1828, ern States." as follows: The CHAIRMAN, (Mr. Berry, of Baltimore' The United States, of America, and the county, in the chair.) The Chair must re- people of every State of which they are commind the gentleman from Sonaerset (Mr. Jones) posed, are each of them sovereign powers. that his time has expired. The legislative authority of the whole is exMr. JONES, of Somerset. I did want to say ercised by Congress, under authority granted a word or two in reply to my friend from them in the common Constitution. The legBaltimore city (Mr. Stirling) who referred to islative power of each State is exercised by a resolution which I offered in the Legislature assemblies deriving their authority from the in 1833. Constitution of the State. Bach is sovereign Mr. BEnRY, of Prince George's. I hope withlin its own province. The distribution of time will be given the gentleman. pow er between them presupposes that these Mr. JONEs, of Somerset. It is entirely per- authorities will move in harmony with each sonal. other. The members of the State and GenThe CHAIRMAN. As the gentleman desires eral Governments are all under oath to supto make a personal explanation he can proceed. port both, and allegiance is due to the one and No motion to extend the time'is necessary. to the other. The case of a conflict between Mr. JoNEs, of Somerset. I desire that the these two powers has not been supposed; position I occupied in 1833, upon the ques- nor has any provision been made for it in our tions which werethen forced upon my con- institutions-as a virtuous nation of ancient sideration, should be fully understood. And times existed more than five centuries withI desire it to be understood that I was then a out a law for the punishment of parricide." very young man, and very inexperienced. It Mhr. Adams, in his inaugural, had called the was my first entrance upon public life, and I Constitution " a great national covenant," was left in a very small minority, and had and the Federal Government "a confederated very few to sustain me in my views. ly representative democracy." I quoted also learned fiiend (Mr. Stirling) the other day, from a special message of President Jackson in the very able and eloquent speech which in 1831. he addressed to this Convention, and to which In reply to the call of the Senate made I listened with a great deal of pleasure, al- concerning the execution of the Indian interthough differing very widely with him in his course law, in his message. of' 23d February, conclusions-read, I think, only part of one of 1831, the President says " he has no power, the resolutions that I presented to the con- under the Constitution, to prevent the State sideration of the House of Delegates at that of Georgia from extending her jurisdiction time. I desire to read the entire resolution, over the Indian lands within her limits." with a view of putting myself right before " To maintain the contrary doctrine, and to the Convention in regard to the views I then requiie the President to enforce it by em-.entertained. I take it from the original, ployment of military force, would be to which I suppose is correct, though I have not place in his hands a power to make war upon compared it with the journal. The resolution the rights of the States, and the liberties of I submitted was this: the country-a power which should be placed " Resolved, That the General Government in the hands of no individual." has no shadow of right, under the Constitu- I quoted also Mr. Jefferson in support of tion, to employ the military or naval power another resolution urging a call of a- convenof the government against the sovereignty of tion of all the States, if no peaceable adjusta State; that the idea of preserving a Union ment could otherwise be effected. Mr. Jefof sovereign Republics by military force, is ferson in his lett r to Judge Johnson, in the most preposterous of all absurdities; that answer to the argument''that there must be the General Government of these United an arbiter somewhere," says: "True; but States is preserved, not by the fear of military this does notprove that it must be in either force, but by the concurring free-will an-I party. The ultimate arbiter is the people choice of the people of the several States, and assembled by their deputies in Convention. that the contrary doctrine would convert the Let them decide to which they mean to give an government into a MILITARY DESPOTISIa." authority claimed by two of their agencies." 604 I also quoted and commented on the Vir- in October last, )-on the highly disordered ginia and Kentucky resolutions of 1798 and condition of our (so late) happy and glori1799, which from that period have formed ous Union. To meet the extraordinary exithe creed of the democratic party, as fully gencies of the times, it seems to me that I am sustaining the resolutions I submitted. guilty of no arrogance in limiting the PresiI also read, on that occasion, the extracts dent's field of selection to one of the four from' Rawle on the Constitution of the plans of procedure subjoined: United States," which I read to the Conven- "I. Throw off the old and assume a new tion in the debate on the fourth article of this designation-the Union party. Adopt the Bill of Rights. conciliatory measures proposed by M11r. CRITDuring the intervening thirty years I have TENDEN, or the Peace Convention, and my carefully read the debates in the Convention life upon it, we shall have no new:case of which framed the Constitution of the United secession; but, on the contrary, an early reStates, and in the State Conventions which tura of many, if not of all the States which ratified it, and many other writings and have already broken off from the Union. speeches on both sides of the controverted Without some equally benign measure, the questions, and I have watched the practical remaining slaveholding States will probably operation of the Federal Government, and I join the Montgomery Confederacy in less repeat, all have but confirmed the views I than sixty dais, when this city, being inheld on the occasion referred to, as to the cluded in a foreign country, would require a only basis on which the Union of our fathers permanent garrison of at least thirty-five can be sustained. thousand troops to protect the Government Whether the prediction in the resolution within it. "that the contrary doctrine would convert "II. Collect the duties on foreign goods the government into a military despotism," outside the ports of which the Government has been fulfilled, or is in course of lulfill- has lost the command, or close such ports by ment, I submit upon existing and prospec- Act of Congress and blockade them. tive condition of the country, and upon the "III. Conquer the seceded States by inadmission of the President in his letter to vading armies. No doubt this alight be MIr. Hodges, of Kentucky, and of the gentle- done in two or three years by a young and man from Baltimore city, (Mr. Stirlino,) in able General-a WOLFE, a DEsAIx, or a his speech the other day, that in conducting H-OCHEE —with three hundred thousand discithis war the President has been driven by plined men, estimating a third for garrisons military necessity to go outside of the Con- and the loss of a yet greater number by stitution and laws, in other words, to usurp skirmishes, sieges, battles, and Southern fepowers not granted by the Constitution. vets. The destruction of life and property How this war is to terminate, God only on the other side would be frightful, however knows I I would trust that tile prediction perfect the moral discipline of the invaders. that the end of such a civil war would be a."The conquest completed at that enormous military despotism, or a monarchy establish- waste of human life to the North and North-ed over us, may fail of fulfillment, and that west-with an enormous public debt of at we may come out of this war with all our least $250,090,000 added thereto, and liberties preserved. cziu bono Fifteen devastated provinces! But I desire to read for the reflection of not to be brought into harmony with their gentlemen here, a letter written by Gen. conquerors, but to be held for generations by Scott just upon the eve of this outbreak, just heavy garrisons, at an expense quadruple the at the very moment when the incoming net duties or taxes which it would be possiPresident was to determine whether he would ble to extort from them, followed by a Prohave war or peace, whether he would say to tector or an Emperor. our wayward sisters of the South, "'Depart "IV. Say to the seceded States:-' Wayin peace,'-or whether he would undertake ward sisters, depart in peace.' to subjugate them by force. I will just read' In haste, I remain, very truly, yours, that letter, and then trespass no further upon' WINFILoD SCOTT. the kindness of the Convention. This is'" Hon WM. H. SEWARD, &C., &C." whiat this first general of his age expressed as Thus it seems that the same conclusion his opi-nion: that thirty years ago forced itself upon my "WXASINGTON, iMarch 3, 1861. mind as the result of a civil war, and an at"jDear Sir:- tempt to maintain this Union by armas, forced "Hoping that in a day or two the new itself upon the mind of Gen. Scott upon the President will have happily passed through 3d of March, 1861, and he felt himself called all personal dangers, and find himself in- upon to make it known to the incoming stalled an honored successor of the great Secretary of State. WASHINGTON, with you as the chief of his Thanking the Convention for their kind Cabinet, I beg leave to repeat, in writing, attention and indulgence, I take my seat. what I have before said to you orally-this Mr. ABBOTT. I move this Convention now supplement to my printed "views " (dated take a recess until half'-past four o'clock this 605 afternoon. I understand there are several to adjourni until to-morrowmorning. Ihave gentlemen who desire to make speeches upon no doubt that we can accomplish all that is the subject now under consideration. desired during this week. The contemplated Mr. STIRLING. I move the Convention now recess is not to take place until the latter part take a recess until half-past seven o'clock this of the week, and if that be so, I am sure we evening. will have ample time, with five hours' session The question was upon the longest time — each day, to allow every gentleman in the the motion to take a recess until half-past Convention who desires, to express his opinseven o'clock. ions, and to put themselves upon record, as Mr. BtLLINGSL.EY. I would say that the the gentleman from Baltimore city (Air. Abopposition, among whom I class the honor- bott) says. It is very warm here now, more able gentleman from Baltimore city (Mr. particularly in the afternoon; and we have Stirling,) have been so exceedingly cour- recently had some experience in a'ternoon teous, so exceedingly liberal, that I do really sessions. I think that we got barely a think we ought to adjourn until to-mor- quorum but once or twice during the whole row; for if their own feelings and plea- period we had afternoon sessions. Nothing sure be consulted, I am sure they would was'accomplished, scarcely a speech was rather not address the Convention this even- made upon the pending question. There was ing. We are all more or les3 exhausted not that interest manifested at the afternoon by the labors of this morning,:and conse. sessions that should be manifested in the disquently would not form so appreciative an cussion of this question. I hope, therefore, audience this evening as we would to-morrow that the Convention will adjourn until tomorning. I merely throw this out for their morrow morning at 10 o'clock. We came benefit, to show that we are at least as liberal here to labor, but we did not come here to in every respect as the gentlemen of the ma- devote all our time day and night to this Conjority of this body. vention. Most of us have to prepare our-Mr. A:BBOTT. I understand that some of selves for these questions that are coming up the members E ere are anxious to have a re- for discussion. Most of us want time for recess for a week or ten da\ s, to attend to their flection and preparation, so that we may harvesting. And others are anxious that come here and speak understandingly upon this question shall be'settled before that re- the subjects under consideration. I hope, cess is taken. In order to give all the gen: therefore, this Convention will adjourn until tlemen who desire to speak upon this subject to-morrow, as I do not see any good to result ample opportunity to put themselves upon from these evening sessions. the record, I submitted this motion for a re- Mr. SCOTT. I would say, in explanation of cess until half-past four o'clock, hoping that our want of success heretofore in holding it will be carried, ard that we will resume evening sessions, that we met here under unevening sessions for a few days. favorable circumstances. We had agreed to Mr. STIRLING. I agree with what the gen- terminate the discussion and take final action tleman from St. Mary's.( Mr. Billingsley) says, upon the fourth article at a particular time, so far as it is applicable to the motion of my and therewas a disposition manifested to colleague (Mnr. Abbott.) I really do think take up no other business. Had it not been we havefsat here long enough for one ses- for that order, limiting the debate to a certain sion; and I think we have had sufficient ex- day and hour, we could have tborced gentleperience in the past to satisfy us that it'is not men to speak, however reluctant they might advisable for us to meet here in the afternoon. be to do so, by putting the article upon its But as we have nothing to do in the evening, final passage. We could have put it through I think we may as well spend an hour or two at the afternoon session; whether with or here as anywhere else. Many of the mem- without speaking. bers come here in the evening any way. Mr. BOND. If these afternoon sessions are Mr. BILLINGSLEY. I merely made the sug- to be pressed in order to get through with gestion out of compliment to the other side. this question before we take a recess for a I am perfectly willing myself to come here few days, then I would remind gentlemen this evening at three o'clock, or five o'clock, that if there is to be a recess so as to enable or seven o'clock. the agricultural portion of this Convention Mr. SANDS. If we take a recess until half- to look after their harvests, it must be taken past seven o'clock, we would have to meet within a day or two, or it will be too late; here by gas-light, and perhaps with mos- the harvest will be over before they can get quitoes, which would be very unpleasant. I home. If there is to be such a recess, it think the best hour would be half-past four ought to take place some day this week; o'clock. within a day or two, I think. Mr. BErRY, of Prince George's. We have The PRE:IDENT. That question is not now been lhe now sinc-e ten o'clock this morn- beforethis Convention. ing, engaged in the duties of this Conven- Mr. BOND. I. understand that. But I tion. I think the labors of the day have speak of it as a reason against these aftersufficiently fatigued us to render it advisable noon sessions; or rather I refer to it to show 606 that there is not time to get through with Smith, of-Worcester, Sneary, Stirling, Stockthis question, even with afternoon sessions, bridge, Sykes, Turner, Wooden-59. by the time the recess should be taken. There are a number of gentlemen here who desire DE I RIGHTS-EANCIPATION. to be heard upon this, the most important The Convention resumed the consideration question to come before this Convention. At of the report of the Committee on the Declathe rate of two or three speeches a day, ration of Rights, which was on its second they would occupy a week at least to get reading. through this discussion. If th.t be so, then Article 23 was under consideration, as folthe adjournment for harvest must come be- lows: fore this question is settled, or it will be too "That hereafter, in this Slate, there shall late for our agricultural members. I urge be neither slavery nor involuntary servitude, that as areason why there is no necessity for except in punishment of crime, whereof the pressing these afternoon sessions with that party shall have been duly convicted; and view. all persons held to service or labor, as slaves, Mr. KENNARD. I shall vote for an evening are hereby declared free." session, but I want it understood that, if that The pending question was slated to be upon proposition is carried, and I am not here to- the following amendment submitted by Mr. night, it is in consequence of indisposition. Clarke: The question was upon the motion of Mr. Strike out all after the word " that," and STIRLING, to take a recess until half-past insertseven o'clock to-night. "From and after the first day of January, On this question Mr. HEBB called for the 1865, there shall in this State be neither yeas and nays, which were ordered. slavery nor involuntary servitude, except in The question being taken, by yeas and nays, punishment of crime, whereof the party shall it resulted —yeas 41, nays 34-as follows: have been duly convicted; and all persons Yeas-Messrs. Goldsborough, President; held to service or labor as slaves are hereby Abbott, Annan, Baker, Berry, of Baltimore declared free fiom and after the first day of county, Brown, Carter, Cunningham, Daniel, January, 1865: Provided, The Congless of Davis, of Washington, Earle, Ecker, Farrow, the United States shall, before the first day Galloway, Greene, Hebb, Hoffman, Holly- of January, 1865, make an appropriation to day, Hopkins, Hopper, Kennard, King, McCo- the State of Maryland of not less than mas, Mullikin, Murray, Parker, Pugh, Pur- $20,000,000 to aid the State of Maryland in nell, Robinette, Russell, Sands, Schlosser, providing compensation to the owners of Scott, Smith, of Carroll, Smith, of Worces- slave property; and the Secretary of the ter, Sneary, Stirling, Stockbridge, Sykes, Treasury of the United States shall certify to Valliant, Wooden —41. the Governor of this State that the said sum Nsys —Messrs. Audoun, Barron, Berry, of of money is subject to the draft of the TreasP. George's, Billingsley, Blackiston, Bond, urer of the State of Maryland, to be disposed Briscoe, Chambers, Crawford, Davis, of of by the Legislature of' the State to pay the Charles, Dennis, Duvall, Edelen, Gale, Har- owners of slaves for their slaves hereby dewood, Hatch, Hodson, Horsey, Johnson, clared free; and provided, further, That unJones, of Cecil, Jones, of Somerset, Larsh, less Congress shall ma'ke the said a~propriaLee, Mace, Marbury, Markey, Mitchell, Miller, tion as hereinbefore provided, this resolution Morgan, Nyman, Parran, Smith, of Dj:rches- shall be null and void, and it is hereby deter, Turner, Wickard-34. clared that it be of no effect whatever." The Convention accordingly took a recess Mr. BEinRY, of Prince George's. I would until half-past seven, P. M. ask the Convention to postpone the consideration of this amendment until mny colleague (Mr. Clarke) can be heard upon it. I move The Convention re-assembled at 71 o'clock, to postpone it until to-morrow. P. M. r. PURNELL. I Inay be in error, but I am The roll was called and the following mem-t under the impression that it was the underbers answered to their names: standing that this amendment should lie over Messts. Goldsborough, President; Abbott, until the gentleman from Prince George's AAnnan, Baker, Berry, of Baltimore county, (Mr. Clarke) returned. Berry, of P. George's, Billingsley, Blackiston, Mr. BERRY, of' Prince George's. The genBond, Brown, Carter, Chambers, Cunning- tleman is correct. ham, Cushing, Daniel, Davis, of Washington, The PRESIDENT. If the amendment is postDuvall, Earle, Ecker, Edelen, Farrow, Gale, poned until to-morrow, it will carry the Galloway, Greene, Harwood, Hebb, Henkle, whole subject with it. Hoffman, Hollyday, Hopkins, Hopper, Lee,. Mr. BERRY, of Prince George's. As I unMarbury, McComas, Mitchell, Miller, Morgan, derstand that my friend from Cecil (Mr. Mullikin, Murray, Nyman, Parker, Parran, Scott) desires to address the Convention, I Pugh, Purnell, Robinette, Russell, Sands, will withdraw my motion to postpone. Schley, Schlosser, Scott, Smith, of Carroll, Mr. SCOTT. Mr. President, I have no par 607 ticular desire to make any remarks to-night; without a word of reply, for those gentlemen but with a view to occupy the time, as no one to come in here and avo w their determination else seems disposed to speak, I will crave the to have liberty of speech. I care nothing indulgence of the Convention for a time, about it so far as this House is concerned, though what arrangement I hatve made of my because we all understand whi.t the facts argument has been very crudely made. really are. But it carries the impression beI thank God that I have lived to see this yond these walls that there is some disposihour, when in the capital of my native State, tiou on the part of the- majority to restrict with unshackled limbs and emancipated voice, liberty of speech here. I can plead the cause of a race different from Mr. B1LLINGSLEY. I am not aware of havour own, but equally entitled to freedom. ing used any such expressions. I spoke of This, I suppose, will be a sufficient answer my rights here as a peer of this body, and to my friend from Charles county (Mr. Ede- said I came here to vindicate my constituents. len,) who seemed to have some doubt Mr. SCOTT. It was the gentleman from whether I was native or foreign born.- Kent (Mr. Chambers) who talked about Mr. Pres'dent, I have some objections to this pistols and daggers and cannon, and such way of designating citizens of Maryland, by things. the appellation of foreign born and native Mr. CHAMnBERS. Who? I? I think the born. if a man is a citizen of the State of gentleman must be mistaken. I have no reMaryland, it matters not whether he was collection of anything of that-sort. I spoke born on her soil or not, ir his character is about the ablridgment of the liberty of good and he fulfills the obligations of' a citi- speech, and said, as I say now, that the peozen. There has been a very maniest disposi. pie of this State and of the United States, tion here to throw out insinuations against have been abridged of their liberty of speech. gentlemen who come from other parts of the But I am not going to shoot the gentleman; country, particularly if they happen to come he may depend upon it. from New England, and more especially if Mr. SCOTT. I have no fears of that. But they come from Massachusetts. For my part, the idea of the gentleman seemed to be that I indulge in.none of those discriminations. he was in danger- of being shot. If we had And least of all will I indulge in discrimina- threatened pistols and cannon on others tions against gentlemen who come from that there might have been some point in such section of country which so earnestly and remarks, otherwise I do not see what applinobly maintains the rightful authority of our cation they can have here. government in its time of danger. Mr. President, the wide range this discusI hope gentlemen will excuse me, if in the I sion has taken rather confounds and confuses first effort after our own emancipation, I me, to know whereto commence to gather up should indulge in a little extra liberty of the many fragments of argument which have speech. The gentlemen on the other side of been scattered around here. this great question have had the fullest lib- Now, with regard to the arguments which erty of' speech ever since my earliest recol- have been drawn from Scripture-and which lections, while that liberty has been denied to I believe every speaker on the other side has men holding the views which I now enter- indulged in-I have only to say that when a tain. I shall not intentionally abuse that speaker forsakes the beaten track of history liberty of speech I have now gained; but if I and the light of experience, and plunges into run into some excesses, I hope it will be the obscure and misty records of antiquity to attributed to the unwonted freedom I now drag therefrom fragments of Scripture, disenjoy. jointed and but little understood, I think it I was very sorry to hear some remarks but manifests the weakness of the cause he which fell from my friend fromt St. Mary's advocates. I will say this: that if they are (Mr. Billingsley,) and also some a few days going to prove the institution of slavery by before from my very venerable and excellent the Scriptures, I would suggest that the laws friend from Kent (Mr. Chambers.) They of' Moses were not confined to slavery alone, both planted themselves, with a very great but embrace other subjects very distinct from show of bravery, upon the right of free slavery, and if the laws of Moses are good auspeech, as if that was in any way endangered thority for the institution of slavery, they are or restricted in this House; and they seemed equally good for other institutions. And to pride themselves greatly upon their deter- when gentlemen parade Scripture here as a mination to indulge and enjoy a freedom warrant for holding men in bondage, I want which nobody ever denied them. And the them to understand that it furnishes the same latter gentleman more particularly declared warrant for every other institution of the that he would indulge in the liberty of speech Jews. And if we are to be guided by the at the mouth of the pistol and the cannon. law of Moses, we might tear down our I thought it was extremely unkind, when churches, dismiss our preachers, and then orthis Convention has sat here day after day, dain priests and resort to burnt offerings and and allowed gentlemen on the other side to other sacrifices. And as the gentleman from get off three or four speeches in succession, Caroline (Mr. Todd) well said, it would jus 608 tify any man having a thousand wives, if he tended with:such insuperable difficulties, on chose to try it. accountof their intermixtureby marriage with The gentlemen from St.:Mary's and from the dower negroes, as to excite the most painCharles (AMessrs. Billingsley and lEdelen) fill sensation, if not disagreeable consequences opened their arguments in a very dolefiul from the latter, while both descriptions are strain. They said the case was prejudged in the occupancy of the same proprietor, it and predetermined, and that they had no not being in my power, under the tenure by hope of making any impression upon the op- which the dower negroes are held, to manuposition. Now, I approach the subject with mit them." a great deal more o'f hope; I expect to make Mrs. Washington, when she:came to learn an impression upon those very gentlemen. If the facts, immediately freed all the slaves. they do not see the fruits of it immediately, I Next to the testimony of General Washhave no doubt they will in the future think incgton, I adduce that of Thoma.,s Jefferson. of what I say. It will be like bread cast upon In his notes on Virginia, he says: the waters; we will get a.return after many' There must doubtless be an unhappy indays. I have no doubtthey will live to thank fluence on the manners of our people, prothe rough radical from Cecil county for some duced by the existence of slavery among us. ideas he will suggest to them to-nig:ht. The whole commerce between master and The gentleman from Charles (Mr. Edelen) slave is a perpetual exercise of the most referred to the testimony of slaveholders both boisterous passions-the most unremitting living and dying of their attachment and de- despotism on the one part, and degrading votion to the cause of slavery. I thought I submission on the other. Our children see would look up some of that same evidence, this, and learn to imitate it; for man is an and as the most illustrious slaveholder, I se- imitative animal. This quality is the germ lected George Washington —" first in war, of all education in him. From his cradle to first in peace, and first in the hearts of his his grave he is learning to do what he sees count:'y men." In a letter to Mr. John F. others do. If a parent could find no motive Mercer, dated September 9, 1786, he said: either in his philanthropy or self-love, for " I never mean, unless some particular restraining the intemperance of passion tocircumstances should compel me to it, to wards his slave, it should always be a suffipossess another slave by purchase; it being cient one that his child is present. But' among my first wishes to see some plan generally it is not sufficient. The parent adopted by which slavery in this country storms; the child looks on, catches the lina, may be abolished by law." ments of wrath, puts on the same airs in the In another letter to Robert Morris, dated circle of smaller slaves, gives a loose rein to April 12, 1t86, he says: theworst passions; and thus nursed, educated, "' I hope it will not be conceived from these and daily exercised in tyranny, cannot but observations, that it is my wish to hold the'he stamped by it with odious peculiarities. unhappy people who are the subject of this The man must be a prodigy who can retain letter in slavery. I can only say:that there is his manners and morals undepraved by such not a man living who wishes more sincerely circumstances. And with what execration than I do to see a plan adopted for the aboli- should the statesman be regarded, who, pertion of it. But there is only one proper and mitting one half the citizens t.hus to trample effectual mode -by which it can be accorn- on the rights of the other, transforms those plishecl, and:that is by legislative authority; into despots and these into enemies; destroys and this, as fatr as my suffrage. will go, shall the morals of one part, and the amor patrice never be wanting." of the other; for if a slave can have a counIn a letter to Lafayette, he says: try in this world, it must be in any other " The benevolence of your heart, my dear in preference to that in which he was born Marquis, is so conspicuous on all occasions to live and labor for another; in which he that I never wonder at any fresh proof of it. must lock up the faculties of his nature,. conBut your late purchase of an estate, with a tribute, as far as depends on his individual view of emancipating the slaves on it, is a endeavors, to the evanishment of the human generous and noble proof of your humanity. race, or entail his own miserable condition Would to God a likle spirit might diffuse itself on the endless generations proceeding from generally into the minds of the people of this him. country."' With the morals of a people their in-.Passing over a number of other letters from dustry is also destroyed; for in a warm this distinguished statesmen and soldier, I climate no man will labor for himself who will read an extract.from the last will and can make another labor for him. Thuis is so testament of George Washington. He says: true that of the p!roprietors of slaves a vary'Upon the decease o my wife, it is my small proportion indeed are ever seen to wilY and desire that all the slaves which I labor. And can the liberties of a nation be hold in rmy own right shall receive their free- secure when we have removed their only firm dom. To emancipate them.during:her life basis-a conviction in the minds of the ipeople would, though earnestly wished by me, bhe at- that these liberties are the gift of God? -that they are not to hbeviolated but by his wrath;? Here then is the testimony of Mr. J fferson Indeed I tremble for my country when I re- up almost to the very day of his death, which member that God is just; that His justice can I think is a fit answer to the arog umnt of the not:sleep forever; that considering numbers, gentleman from Charles (1Mr. Ed.len) that nature and natural means only, a revolution slaveholders in life and in death have borne of the wheels of fortune, in exchange of situ- testimony in favor of slavery. ations is amnong possible events; that it may' One of the most singular arguments made become probable by supernatural interfer- by the gentleman from Charles was that ence I The Almighty has no attribute which slavery was introduced into this country- by can take sides with us in such a contest." common law. It is true, he said afterwards In Jefferson's exposition of the rights of the common law of Maryland, and there is British America, he said: nothing more true than that. But the com"The abolition of domestic slavery is -the mo.n law.of England condemns slavery, a;nd greatest object:of desire in these Colonies their writers upon law.condemn it. But the where -it was unhappily introduced *in their gentleman when he uses the words-" the infancy..' common law of'Maryland,"-may well say it In the original draft of the Declaration of suppor.ts slavery; for there is no law more Independence, which is known to be from the common in our.code than.the laws bolstering pen of Jefferson, he makes this charge against up this institution of slavery. Indeed, that the King of Britain: was one of his particular points; that the in-' He has waged cruel war against human stitution of:slavery was so guaranteed, and so nature itself, violating -the most;sacred rights protected, and so guarded by law, t-hat it was of life and liberty in the persons of a distant a breach of faith to touch it. Yes, it is people who never offended him; captivating w.ell protected. Turn to yo.ur code and see and carrying them into slavery.in.another how numerous -are your enactments bolsterhemisphere, or to incur miserable death in ing up and fortifying the institution. That their transpor-tation thither. This piratical iis a proof to my miind of the innate weakness warfare, the approbrium of -infidel p-owers, is of the institution. the warfare of the:Christian king of Great Suppose you were to go.out of Annapolis, Bri-tain. Determined.to keep -a market where and meet a man.on the road with an immense men sho~uld be bought and sold, he has.at load of poles and,props. You ask the man length prostituted his negative for suppress-.what he is going to do with them,.and he ing any legislative attempt to prohibit and says he is going down to the State house with restrain this execrable commerce." them to prop it up. Of course the idea would Passing by many letters, I come down to be at once suggested to your mind that the 1814, when in a letter to a friend he uses this State house -was in danger of.falling down. language: These very props to slavery show the innate " Your favor.of July 31.st is -duly received -weakness of the institution. The most:unand read with peculiar pleasure. The senti-.usual, cruel, inhuman, and unchristian laws ments do honor to the head and heart of the are passed to prevent persons firom interfering writer.:Mine on the subject of negro slavery with it. The whip abounds in all these enhave long been in_ the possession of the pub- actments; Now, to show the injustice of these lic, and time has only served to give them laws-suppose a slave is killed in an attempt stronger,root. The love of justice and the being made to capture him. The price of love of country plead equally the cause of: that slave is paid to the owner by the comthese people, and it is a.reproach to us that mon people, the working people ot the counthey should have pleaded it so long in vain.:try. It may so happen that the only son of Again he says: a widow is called upon by the sheriff to assist " What air incomprehensible:machine is in capturing a runaway negro, and in the man! who can endure toil, famine, stripes, contest the son is killed, and the widow is imprisonment, and death itself, in vindication thus deprived of the support of her old age. of his own liberties,; and the next moment be The wealthy slaveholder is paid for the des deaf to all those motives whose power sup- perate negro who is killed, but who compenported him through:his trial, and inflict on. sates the widowed mother for the loss of her his -fllow-man a bondage, one-hour of which son? Is there any justice in that? is fraught with more misery than ages of All these:laws, so numerous and so comthat which he rose:in rebellion to oppose." mol.in Maryll-nd, are the most execrable and In a letter to Jams Heaton, May 20, detestable, and show clearly that the institu1826, six weeks before his death, he uses this tion of slavery is so opposed to common language: sense-and -the improvements.and civilization " My sentiments have been forty years be- of the age, that it could not stand for.a day fore the public. Had.I repeated them forty without these props to keep it up. times, they would have only become the more The gentleman says we cannot abolish stale and threadbare. Although I shall.not slavery withouta breach of faith, because they live to see-them consummated they will not die -have been hedging.it:around andtpropping it with me," up with this common law of Maryland, which 610 has taken almost the exclusive monopoly of Many of our fields are to-day uncultivated the legislation of the State. Now, what has for the want of labor. In fact there never endangered the institution of slavery? Four was a time in Maryland when we had labor years ago the Constitution of your country enough. Give these people the same motives was like a wall of fire around that iistitution. that you give other people to work; give As the gentleman from Baltimore city (Mr. them wages for their labor, repeal your laws Cushing) said this morning, you could go disqualifying them from engaging in'the same into the streets of Boston, and summon the pursuits as other men, give them an even military force of Massachusetts to aid you to chance to make a livelihood, and they will get your slave and return him to bondage, work well enough. and however reluctant they might be to come, The gentleman from St. Mary's (Mr. Bilstill they would come. The whole Northern lingsley) says that thisattempt to abolish country was a hunting-ground for escaped slavery in the State of Marysland is the reslaves. And therewas no powerin theirState sult of a sickly sentimentality, of a morbid governments, or in any other government, to philanthropy, and has no foundation in touch the institution of slavery. It was se- reason and justice. Now, I can understand curely walled in and hedged up on all sides. why gentlemen who entertain these views The Constitution of the; United States was oppose this measure. And I will do them the the hedge about it, the wall of fire to protect justice to say that had I been brought up as it. But in the day ofyheir power, in the day they have been, had I been nurtured among of their madness, they repudiated that pro- slaves, and had my property been in slaves, tection, they attempted to break down the I should perhaps feel as they do. But that is Constitution which protected and sheltered by no means certain, for there are men upon them. It is their own fault that slaves have this floor who act with me, and yet they are depreciated in value; it is their own fault slaveholders. But the presumption is that that slavery is insecure. They have done it under the same circumstances I would act as themselves; they have worked their own de- they do. And there are many reasons why struction, and if slavery dies it dies in the they should do so. They have had their lot house of its friends. They have wrought the cast in rather pleasant places. They have ruin of their own institution. They were not only had slaves to labor for them, but not content with the security and establish- they have-had the entire control of the whole ment of slavery in all the slave States, but machinery of government, state and national. they must extend it over all the territories of Now, the reason they oppose the introthe United States; and they even contern- duction of this article into the bill of plated the re-opening of the African slave rights is that they know that free soil will trade. As long as they had the control of produce free schools; free schools will enthe Government in all its departments, they gender free thought; and free thought will were willing to wield it for their own pur- elevate the masses. They think that society poses. But the moment the sceptre pacsed into is just now a great deal topsy-turvy any other hands, that moment they took up arms way; that there is a great deal of confusion to destroy the Government which they could in the old fabric, and with a view to restore no longer control. And then they raise the the equilibrium they are opposed to the abopiteous howl here about the depreciation of lition of slavery, and want to keep things in their slave property. their old trini. Now, in these slave counties The gentleman from Charles (Mr. Edelen,) where this state of things predominates, do among other arguments made use of this: you see the greasy mechanic, the small-fisted That if slavery is abolished in Maryland, all farmer, the man who has worked his way up the slaves will be turned loose upon the soil by his own industry, and who has acquired of this State, and there will be a tide of this a little education-do you see one of that population come in here that will overrun the class of men come up here from those counState, and fearfully interfere with the rights ties? Very rarely. The. controlling classes of white labor. But before he had proceeded want to hold the power they have got; and much farther he said that the negroes were it is but natural that they should oppose this lazy and indolent-and others bore him out article. For, incorporate this provision into in that remar: —and that the most of them your Constitution, and you will immediately would get into our penitentiaries and alms- introduce free schools; and free schools will houses. Now, both of these propositions excite free thoughts and free opinions; and cannot be correct. Either this class of our there will be a rush of free immigration into population are not so loor and worthless and those counties, and a different class of men thriftless as they are represented to be, or else will get hold of the helm. It is with this they cannot make such formidable competi- view that they oppose this matter. They tors for white laborers. want to hold the power of the State, and Now, the emancipation of slavesin Maryland they can only hold it by keeping the masses will notadd anylhingto the number of negroes in ignorance. in this State. We want now vastly more la- The gentleman from Charles (Mr. Edelen) bor in the State of Maryland than we have. puts this question. How does it happen that, 611 if the South are so ignorant, so many Presi- purposes, and to bolster up political demadents have been elected from Virginia and gogues. That is the sense in which 1 used it. other Southern States? Now, we have never Mr. SCOTT. The gentleman was speaking denied that there are as well educated and as of the advice which he says he gave to intelligent men in the Southern States as poor men. He said he advised them not anywhere else. But the objection is that the to indulge in the intoxicating bowl; not to masses are not educated; the few are educa- engage in games of chance-I do not know ted, but the great mass of the people are left how they pursue those things there, whether and kept in ignorance, with the view to they are much addicted to it or not; and perpetuate that state of things, and keep the immediately in connection with that he said reins of power in their own hands, thus he advised them that if they were politically frown down everything like free schools, dishonest, they could not be personally everything that looks to the education of the honest. And I judge from that that he masses. meant it as a sort of wholesome lesson not to The gentleman from St. Mary's (Mr. Bil- engage in this abolition scheme, for it would lingsley) said this morning that they had no make them dishonest. prejudices against poor men in St. Mary's. I And the gentleman drew a doleful picture was very glad to hear that. He said they liked of the hardship of emancipation upon those them just as well as they did rich men, that who happen to have their inheritance in they even helped to educate them. Well, I slaves. Now, that is no fault of ours. I do not think they ever have sent many of could draw some doleful pictures myself of those they have educated either here or to the state of things in this country; but I do Congress. And he gave another very flatter- not want to hold themn responsible for it. If ing and very gratifying exhibit of the state a parent bequeathed a part of his property to of things in St. Mary's; and that was that his children in slaves, that is their misforthey were the most moral, and the purest, tune, not our fault. If he had left it to them and the best educated men in any section o' the in ships, and they had been destroyed by the country. Hessaid that they had academies there rebel pirates, that would have been equally and patronized them; and as a proof of the a misfortune, for which we would not be acgentleman's appreciation of those advantages, countable. he said that he himself never knew much Mr. BILLINGSLEY. Will the gentlman perGreek, and had forgotten the little he had mit me a moment to explain? known. [Laughter.] Mr. SCOTT. Certainly. Mr. BELT. St. Mary's was the only county Mr. BILLINGSLEY. I really do not wish the that filled the quota of the President's call idea to go abroad that I ever advanced any without being subjected to a draft. such opinion. I am speaking of the action Mr. ScorT. That is very creditable; and of this Constitutional Convention. You do shows the advantage of having a large black not legislate for ships, unless in the way of population. taking out an insurance, I am speaking of Mr. BELT. That is just exactly what we the action of this Constitutional Convention, maintain. by which an inequality is effected in the proMr. SCOTT. There is not a workshop in perty of individuals, fiorn the fact that in New England, where there could not be the division of the patrimonial estate certain found among those who work over the anvil parties have taken the personal property, ten hours a day, men just as well educated and the other parties have taken the real esas the majority of the men who have these tate. And if by the action of this Convenacademic advantages in St. Mary's, or any tion you liberate the slaves, you make the other county in the State; Elihu Burritt, fortunes of the parties unequal. who worked ten hours a day over his anvil, Mr. SCOTT. And, Mr. President, how does knew more languages than all the slave- that compare with the declaration made imholders in Maryland put together; and he mediately afterwards, that their slave pronever has forgotten his Greek. [Laughter.] perty is now worthless? The gentleman fromn St. Mary's says there Mr. BILLINGSLEY. I said we looked to the was one lesson which they teach their poor General Government for remuneration. young men, and I have no doubt they im- Mr. SCOTT. Well, that does not affect us. press it upon them with a great deal of force. Tte gentleman emphatically said immeHe did not just say it was to mind their own diately afterwards that slavery was dead in business, but that was evidently what he Maryland, that slave property was valueless, meant. He said they teach them that they and then he sets up a claim for compensacannot be politically dishonest and personally tion- not against the Government of the honest. The meaning of which is, in his United States: for we have no objection at mind, that they could not vote for the aboli- all to his going there; he may go to the Queen tion of slavery and be honest. That is of England, if he chooses, for compensation, about what he meant, I think. if he can make any claim there. But he said Mr. BILLINGSLEY. I spoke of political that he set up a claim against the State of leaders, who advocate measures for party Maryland, for the depreciation in the value 612 of slave property, when it had depreciated principle; and they have had the control, before this Convention met, before it was and the majority in this hall, and in the other called, before any action was taken upo.n the end of the capitol. That is the plain fact. subject in Maliryland. Baltimore city, with more than one-third of Now, there may be ta double claim for the.white population of the State, comes down compensation. But those gentlemen who here with but ten representatives, while the have had control of.the State of Maryland so smallest county in the State, Calvert county, long, do not think the claim of the poor has two representatives; a county that had man for comlensation to be we:l founded. only 800 men enrolled for the last draft, of What is it t-hat hasbhrouglht the State of Mary- whom more than 700 were exempted for phyland into the condition she is now in? Take sical disability. [Laughter.] passage on any one of our steamboats that Much of this land is held in these large ply up and down the Ghesapeake Bay, and tracts, so that the poor man can neither buy you will find on either:hnd what was origi- nor lease it. It is perfectly valueless to the nally as fine a soil as the sun ever shone State, for it pays no taxes; whereas, if it upon, and yet when I came to this city on were divided up into small farms and cultithe 26th day of April, it was as utterly des- vated as it might be, and ought to be, it titute of verdure as the sands of Arabia. would pay ten times as much taxes as now, A -MMBER. What has made it so? and make the burdens of the State lighter and Mr. ScoTT. The improvident, wasteful furnish a fund for educating the poor. system of slave agriculture. The State of -I know one gentleman in my county, who,Maryland, within a few miles, any part of it, has a manufacturing establishment which he of' the capital of the coun try; within easy set tip there with more than $100,000 worth reach of the cities of Philadelphia, Baltimore, of machinery in it. Yet it is perfectly idle and Washington, where every article of pro- and useless, in place of making him $25,000 duce can be easily disposed of at paying or $30,000 a year of profits, it has not for prices; with easy access to all the ports of two years turned around. That is in consethe world; with a climate.as salubrious as any quence of this war, and the high price of cotin the country, where it is rarely.too cold.to ton. Who is.going to compensate that man work; with a soil as productive as any in the for that? That I think is a fair offset to the United States, and a market close at hand case of one of those children, whose property where all that is raised can be sold, and all was left in the shape of slaves, the value of that is desired can be obtained. Yet Mary- which has been depreciated from the same land has thousands and thousands of acres cause. W:ho is going to compensate that poor to-day that are not worth.the taxes:levied lone widow, whose only son, inspired by the upon them; while in poor, starved New patriotic emotions of his heart, rallied to the -England, every foot of land is made availa- support of the flag of his country when the ble. And it can be from no other cause than capitol was in danger, and on the first battlethat slavery has prevailed in Maryland, and field was slain? Who is going to compensate has prevented the proper cultivation of the her for that loss? Who isgoing to compensate land; has driven away the -best part of our for the loss of the thousands and thousands population to find other fields of.enterprise, of valuable lives that have been lost in this finding none at home. You have denied the war; for all the desolated homes from one poor white man of Maryland his equal share end of the country to the other? Where is in the advantages of government; you have the compensation for that to come from? cut off his children from the proper meanls of Every one of these gallant men who have education. And what compensation have fallen in this war-and I will say, on both you to offer him for these wrongs and these sides-every one of these men who has fallen losses? You:have hld the land in large in this war on both sides, in both armies, is tracts beyond his means to purchase a foot a murdered man, and the guilt of that murof it for a house for himself:and his family. der is on the hands of the men who have inMr. BELT. Under whose authority was it stigated this rebellion. There are just as held in large tracts.? honest, and good, and well-meaning men in Mr. SCOTT. Under whose authority? It the rebel army as in the Union army. And has been the-policy of the slaveholding popu- every man in either army who has fallen in lation to hold it in large tracts. this war is a murderec man, and the men Mr. BELT. Do the slaveholders of Mary- who have instigated this rebellion are the land rule this State, or do. the people of the chief.murderers. State rule it? Mr. BERRY, of Prince George's. Introduce Mr. SCOTT. The slaveholders have ruled an article into the Constitution to establish a the people. I put it to the gentleman if they tribunal for the trial of those murderers have.not, by means of an unequal distribu- Mr. SCOTT. We have a tribunal already tion of the representation in:this hall, had established, and we will try them when we get the control of this State? Their personal hold of them. chattels have given them a representation to The gentlemnpi from St. Mary's (Mr. Bilwhich they were not entitled upon any other lingsley) complained bitterly about the gov 613 ernment this morning; and said that it had cannot be taken for public use without comleft its footprints of desolation inr St. Mary's pensation. That is true enough. But we do county. Be had reference I sutppose to the not propose to do that. We do not intend to carrying away of their slaves; perhaps some take this property for use; but to take from other descriptions of private property. But slaveholders the property they wrongfully unless St. Mlary's is an exception to the gen- hold and set these slaves free for themselves. eral rule of counties in Maryland, the foot- We do not take this property for public use. prints of desolation were there long before These gentlemen say they hold their right this war broke out. And that is the: reason to slaves just as they hold their right to every. why I, as a Marylander, want to get rid of other kind of prol.:erty. Now, I intend to this desolating institution of slavery, because look into that title a little. How do you acit is the cause of so many of our misfortunes. quire title to property? If a man buys a It has carried the footprints of desolation stolen horse, is hisl le reckoned a good one? into every county in the State, even into my One gentlelan from' Prince George's, (Mr. own county, though: there are comparatively Marbury,) who I believe is not now in his few slaves there. But even there you can find seat, said that the title to slave property dated the footprints of desolation, and from' the back beyond the records; by his argument very same cause. there never was a time when there were no. He also charged the people of Baltimore slaves. Now, I want to trace back ithe title city with ingratitude, and talked as if the and see where it originated. Do you remempublic works were made solely for the benefit ber anything about the treaties between the of Baltimore, and paid for by the counties of United States and every civilized power on Charles and St. Mary's. But I will not hold earth in regard to the slave-trade? And do the gentleman responsible for that literally, you remember what character they give to though you would have thought, by the la- that traffic? Do they not designate it as mentations he made over it, that those two piracy, and do not they denounce the punishcounties had actually constructed the Balti- ment of death upon those taken in that trafmore and Ohio railroad out of their own fic? Can an institution be good that has no means. Other foundation than that? Trace it back Mr. BILLINGSLEY. I said that but for the to its origin, and it~ is piracy. It is not so members from those counties, naming them, with other property. who were the most prominent men from my Mr. MARBURY. I would ask the gentleman own section of country in regard to works of if the Constitution of the United Statesdoes internal improvement-but for their influence not say it is a good title, and if he has not you never would have consummated that great sworn to support that Constitution? work of internal improvement. I state it asa Mr. SCOTr. I have so sworn, and I shall matter of history, that but for the votes and keep my oath. But I say that the title to support of those men you never would have slaves in this country, if you trace it back to consummated those works of internal im- its origin, is in piracy. Slavery had its oriprovement. I said that we had paid the taxes gin first in captives taken in war, who were growing out of those works, and had never sold for slaves. But the system was so repulcomplained of it, though we had never con- sive, so repugnant to every principle of comsidered ourselves benefited at all by those mon sense, and of right, and of justice, that works of internal improvement. the civilized nations of the world have joined Mr. SCOTT. Well, sir, I take rather a together by treaties to prohibit that traffic, broader view of the subject. I think that any and they call it piracy, and inflict the punishwork of improvement that benefits one part mrent of death on all those caught in the of the State of Maryland benefits in some traffic. proportion all parts of it. Though the city Mr. BELT. I would like to ask the gentleof Baltimore, at first sight at least, has had man a question. 1 do not ask it with any the greater benefit from these works yet they desire to interrupt the thread of his argument. benefit the most remote county of the State I am quite sure he is as satisfied of that as any by furnishing a market for their produce. We gentleman in this house, and I know it does are all bound together, and we must sink or not inconvenience him at all. swim together. Anything that benefits the Mr. SCOTT. 0! of course not. city of Baltimore benefits the counties; and Mr. BELT. I would like the gentleman, anything that benefits the counties benefits the just at this point of his argument, to explain city of Baltimore. There is no need of this how it was that the Constitution of the Uninarrow jealously of one part of the State ted States provided that theslave-trade should against another part of it. cease in the year 1808, twenty years after the I now come to the gentleman fiom Somer- adoption of the Constitution? Because I will set (Mr. Jones.) I am sorry he is not now in tell him in advance my theory about it, if he his seat, for I want to say some kind things will suffer me to do so. It is this: that the of him. But I perhaps can say them with a men fiom Virginia and the men from the better grace in his absence. He starts off South in the Convention of 1787, which with the declaration that private property framed the:Constitution of the United States, 614 were then in favor of denouncing the slave- zen of South Carolina, vote for it. An attrade as piracy. But the men from Massa- tenlpt to take away the right as proposed, chusetts, and from every New England State, will produce serious objections to the Constisaid to them: "You shall not do it; you tution which he wished to see adopted.' cannot do it." And why? " Because," It just simply proves that the public opinion said they,' our people have invested im- of the world at that time had not got up to mense sums of money in ships and trade, for the point of denouncing the slave-trade as the purpose of carrying these cargoes into piracy. But years afterwards they reached your territory; and if you denounce it at that point, and our Government, uniting by once as piracy, a large portion of our people treaties with all the civilized nations on will be ruined." And as the records of the earth, agreed that they would stop that traffic debates of that Convention show, as a mnatter in human flesh, and denounce it as piracy. of fact, it had finally t (le settled between The point 1 was making was that an instituthe Virginia men and thefNorthern men, just tion that had no other or higher origin than as all great questions are ever settled, upon piracy, could not be a good institution. And the basis of compromise. The Virginians I find here thatsaid to them: " We will give you twenty I "General Pinckney thought himself bound years;" and'they accepted it. And it was to declare candidly that he did not think that under those circumstances that it was written South Carolina would stop her immigration in the Constitution of the United States, that of slaves in any short time." the slave-trade should not cease until the year South Carolina did not want to stop it. 1808, which was twenty years after the Con- And it was at the instance and request of stitution was submitted to the people of the Southern men who wanted to bujy, as well as United States for their ratification. In other Northern men who'wanted to sell, that the words, New England and the North bar- slave trade was kept open until 1808. That gained for twenty years more of the slave- is the origin of the title in slaves; nothing trade, as the only compromise which they more nor less than piracy. would make upon that subject. If you will turn back to the first chapter of Mr. STIRLING. I would request the gentle- Genesis, you will find that other property man from Cecil (Mr. Scott) to ask the gentle- dates back to that period. For shortly after man from Prince George's (Mr. Belt) for his the creation of Adam and Eve, the Creator authority for that statement gave them an undisputed right and title to Mr. SCOTT. I was going to do so. all species of property; to fhe land and its Mr. BELT. AS my friend from Baltimore products, to the fish of the sea, the fowls of city.(Mr. Stirling) has interposed at this the air, and the beasts of the earth. But no time, as he did once before, to ask for the mention is made in that grant of Litle from authority, I will say to him that at the proper the Almighty, of any right to hold or enslave time, if he challenges it in argument, I will a fellow-man. produce to him the proof up to the very as- Another argument of the gentleman from sertion I make; full proof from the records Somerset (Mr. Jones) was that the negro was of the debates in that Convention. He shall so degraded that he was unfit for liberty. have authority to his full satisfaction. Well, how did he become so degraded? You MIr. SCOTT. That does not interfere with first seize a man, and degrade him; and then my position at all. Nations as well as indi- because he is degraded, say he is not fit for viduals grow wiser as they grow older, or freedom. That is a beautiful argument! ought to. And at the time our Constitution The gentleman also said that it was bewas formed the nations of Europe had not cause of the morbid abolition sentiment of formed these treaties I speak of. The civil- the North which had become so predominant, ized world had not become so convinced of that the shackles were tightened upon your the atrocity of that institution as they are slaves in the Southern States. Now, I think now. It only proves that they assented for there is another reason for it than that. The the time being to a system of commerce that immense profits produced by the cultivation was common all over the world. of cotton, and the consequent increase of the I have a work here which has been kindly prices of slaves, made it profitable to breed furnished to me, by a friend, (Mr. Cushing,) them for the market. Therefore the chains in which I find that Mr Pinckney, of South upon the slaves were tightened, and these Carolina said in that Convention: props were put up around the institution to " If slavery be wrong, it is justified by the prevent it from being interfered with. example of all the world." The gentleman from Somerset (Mr. Jones) That is just the point I was making; that denies the sinfulness of slavery; and argues they had not been educated up to the point of that the slaves of Maryland are kindly treated, prohibiting the slave trade. He ftirther says: and compares their condition with the condi"In all ages, one-half of mankind have tion of the laboring population of Europe. been slaves. If the Southern States were let Well, sir, I believe that generally the slavealone, they will probably of themselves stop holders of Maryland use their slaves well. I importations. He would himself, as a citi- think that they are altogether as generon 615 people as can be found anywhere. And I am holders, but of the mildest and best features quite sure that, so far as the gentleman from of the system. How *can this be an instituSomerset is concerned, it is not in his heart tion to commend itself to any man? to deal harshly with his slaves. I have only The PRESIDENT. The gentleman's time has some slight acquaintance with him. But I expired. sit daily with him at the table, and I must On motion of Mr. DANIEL, the speaker was say that he is a most gentlemanly man, and a allowed fifteen minutes additional time. perfectly conscientious Christian. With much Mr. SCOTT. I shall not want much more feeling he portrayed the kind treatment that time to complete what I have to say. the slaves receive at the hands of their mas- I was perfectly shocked when I looked at ters. He said that when a slave is sick, his the gentleman from Somerset (Mr. Jones,) master, and the wife and children of the mas- knowing as I did his honesty, sincerity, and ter, gather around him, the family physician conscientiousness, to think that a man posis called in, and the minister of God is called sessing those high qualities could become so in to soothe his last moments. Now, I think blunted, could become so depraved, if I may that is quite likely; I have no doubt it is so use the expression, by the institution of slain his case; I think his slaves are better off very, as to be deaf to all these irinder sentiin many respects than many freemen. ments of his heart, and to tolerate and excuse The gentleman adverted with a great deal and uphold an institution that had such deof feeling to the fact that the minister of God grading and depraving tendencies. The inwas called in. Now suppose we pursue that stitution of slavery must be bad indeed when idea a little further. We will suppose that it could so entirely blunt and destroy the the master and the slave are members of the feelings of a gentleman of his character and same church, which is frequently the case. piety and conscientiousness. Being humanely and kindly treated, the We have been trying long enough, unsucslave has had impressed upon his mind his cessfully, to keep the State of Maryland master's religious notions, and desirous of somewhere near even in the race of empire imitating his master, he unites himself to the with the other States. Notwithstanding our same church. They sit down together at the many advantages we have fallen behind. communion table, and if there could be any States with far less opportunities than we time when in the eyes of God they are on an have, not near so eligibly situated, have outequality, I should suppose it would be at stripped us in the march of progress. We that time, when, acknowledging the same have been striving to progress with a dead Father, they are bound together by the most weight upon us-the institution of slavery. endearing ties. The next morning, from We have fallen behind, and now we have rechoice or necessity, this man thus treated, solved that it is time to change our policy. thus trained, this member of the church, can The gentleman from St. Mary's (Mr. Bilbe sold. And only think for one moment of lingsley) says that three years ago we could the character of the man to whom he may be not have done this thing. That is quite sold. A common slave-trader-not to say a probable; but we would not be wise if we slave merchant-a common slave-trader, the did not take the tide at its flood. Circummost degraded, the most debased. the most stances are now in our favor. We did not ferocious and cruel of the human race. This seek them, we did not make them; but we pious and christian man is transferred over to would not be wise if we did not use them. this demon in human shape, who sells him, Adopt this article in your Constitution, abolno one knows or cares where or to whom, ish slavery, and like a young giant the State and for one or two hundred dollars nmore be- will start on the race of glory and renown. cause he is a religious man. Yes, sir, the Immigration will pour in from every part of piety of the slave is made a matter of mer- the country, and of the most desirable charchandise; they actually advertise and recom- acter, and which is now kept back by your mend them because they are religious, and repulsive and forbidding code. Free schools ask a higher price because of their beingl will flourish; your population will become church members. Just think of it. This educated and intelligent. And though it pious and godly man, who has been reared may rule some gentlemen out of power and with so much care and kindness that he feels place, who have heretofore enjoyed the good himself not only a man, but a member of the things of this world, the State of Maryland great familyof Christians-this man is turned will not be the worse for it. The general over to one of the most ferocious monsters in diffusion of knowledge will benefit the great human shape, to be kicked and cuffed and masses of the people. Enterprise, and inbeaten by him until he is sold into the rice dustry, and thrift, and taste, and elegance, swamps, or cotton fields of some distant and everything that constitutes a great State, Southern State, away from his family and re- will date from the downfall of slavery, and lations, away from all that has made his lot the establishment of freedom. Every motive endurable before. Those are the beauties of that can operate upon a religious and intellithe mild system of slavery. I am not talk- gent people prompts you to pursue this course. ing now about cruel and inhumane slave- Another great reason for adopting this 616' policy is that it will forever fix your position fill promise and hope, with the frill certainty in the Union of States. W,1hy is it that Ma- that we will be second' to none of thie States ryland hesitates? Why is it that she vacil- of this Union; that we will be just what our lates- in her course? Why is it that Jeff. position geographically-, and in every other Davis thinks he has a claim on you? He has respect, warrant us to expect. Our railroads no ground for any claims on earth, except then:, instead of carrying away our best matethrough the institution of slavery. Abolish rial, instead of carrying away our young men slavery, and Maryland will gravitate to a of promise and enterprise and industry and union with the Northern States as naturally thrift towards the setting sun to finld homes as water flows down hill. Your position which they were unable to obtain here, will will be unalterably and unchangeably fixed. bring immigrants from other States to us. But as long as the institution of slavery ex- Ourlands now uncultivated will be bought ists among you, so long will it be uncertain up and improved. Manufactures will flourish, where you are or what you will do:. Abolish and every branch of industry will revive, and the institution of slavery, then, because it the State of Maryland, instead of occupying makes your position uncertain. Your sister the position she now does, will become ope of States of the North do: not trust you, because the most prosperous, most thrifty, and most they do not know what position you actually influential States in the Union. Every mooccupy. Indeed there are many'evidences of tive that can induce us to act prompts us to the uncertainty of our own position. We pursue this course. have within our borders a large population Thanking the Convention for their courwho I have no doubt would attach us to the tesy and kindness, I twill now close. Southern Confederacy if they could have their Mr. CussiNc. Before the gentleman takes own way, and the only bond of: sympathy is- his seat I hope he will allow me to interrupt through the institution of slavery. Now, how him a moment. I desire to refer to some aumany men are there in Maryland actually in.- thorities on the point referred to by the genterested in this institution? Out of a popu- tleman from Prince George's, (Mr. Belt,) in lation of over half a million of souls, there relation to the slave trade being kept open are only about 16,000 persons in the: State of until 1808. In the Convention which adoptMaryland who own slaves to any extent, ed the present Cohstitution, Luther Martin, some of them owning only one or two slaves. of Maryland, proposed to vary article 7, secAnd shall we be kept back from the proper tion 4, so as to allow a prohibition or tax on position that awaits us for such a small.tmi- the importation of slaves, Mr. Rutledge said: nority of our population? I trust we will "Religion and humanity had nothing to not. I hope the people of Maryland will rise do with this question; interest alone is the to a full and proper appreciation of their own governing principle with nations. Tlie true position and their own destiny. And I hope question at present is, whether the Southern this Convention will reflect truly the senti- States-shall or shall not be parties to the meuts of the people. Union." If the policy of the State has been changed, Mr. Pinckney went on to say: if, as the gentleman fromr St. 5Mary's (Mr. "South Carolina can never receive the plan Billingsley) intimated by the resolutions of if it prohibits the slave trade. In every prothe legislature he read this morning, the posed extension of the powers of Congress, policy of the State of Maryland has been that State has expressly and watchfully exchanged, it has been because circumstances cepted that of intermeddling' with the imhave changed. The circumstances of the portation of negroes." country have changed, and we-would be poor "Gen. Pinckney declared it to be his firm scholars indeed if we had not learned some- opinion, that if himself and all his colleagues thing in the three years that have just gone: were to sign the Constitution, and use their over us. The bloody war through which we personal influence, it would be of no avail are now passing, the change that has taken towards obtaining the consent of their conplace in our circumnstances, admonish us that stituents. South Carolina and Georgia canwe must change our position; that we must not do without slaves. As to Virginia, she assume the position that properly belongs to will gain by stopping the importations. HIer us -in the Union, if we would preserve our slaves will rise in value, and she has more own peace and our own dignity, and secure than she wants. It would be unequal to rethe lasting blessings of prosperity for our peo — quire South Carolina and Georgia to confedple; and our people look for it; they expect it erate on such unequal terms." at o&ur hands; they sent us here for that pur- " Gen. Pinckney thought himself bound pose; and we shall fall short of our mission to declare candidly that he did not think if we do not carry out that purpose. We are South Carolina would stop her importations bound by instructions which we cannot evade; of slaves in any short time; but only stop those instructions are imperative to ingraft them occasionally, as she now does." this article into the Constitution of our State, Mr. Rutledge, of North Carolina, said:: and abolish, slavery forever in Maryland;. If the Convention thinks that North CarThen Maryland will march forward with olina, South Carolina, and Georgia will ever 617 agree to the plan, unless their right to import of the United States, with an intent to ascerslaves be untouched, the expectation is vain. tain what was the real question before those'Ihe people of those States will never be such great men, have learned, as I have from my fools as to give up so important an interest. slight reading of what occurred there, that He was strenuous against striking out the there were two questions relating to this matsection, and seconded the motion of Gen. ter of the slave trade before that body. One Pinckney lor a commitment." was whether the slave trade, as such, should Three days after this debate, Gen. Pinck- be abolished. The other was the practical ney moved to strike out of the report of the and direct question in reference to negro slacommittee the words " the year eighteen hun- very itself, whether cargoes of slaves should dred," as the year limiting the importation of be imported to reinforce the negro populaslaves, and to insert the words, " the year tion. They were two entirely and absolutely eighteen hundred and eight." Therefore the distinct questions. Now whatthe gentleman time designated in the Constitution of the (Mr. Cushing) has read is a portion, and but United States was so designated upon the a small portion, of that which at one time ocmotion of Gen. Pinckney, of South Carolina; curred in that Convention upon one of these and not upon the motion of any delegate from questions. a Northern State. And here is the recorded Now, as I came in here to-night unprovivote which passed that proposition of Gen. ded with any authorities at all, all I desire to Pinckney, and I ask the attention of this say is that I tender myself upon my reputaHouse to the vote, that they may see whether tion to make good to this House that in point Northern States passed that vote. It was of fact, upon the question of keeping open passed by seven in the affirmative and four the African slave trade-which as regards in the negative, as follows: the question of humanity, was the worse Affrmative.-New Hampshire, Massachu- of the two questions considered-as a matter setts, Connecticut, Maryland, North Carolina, of fact the proposition to continue it was South Carolina, and Georgia. maintained by the men of the North, as Negative.-New Jersey, Pennsylvania, Del- against the men of Virginia. aware, and Virginia. -Mr. STIRLING. The gentleman said before In that Convention the Southern States " the men of the South." had a majority of six tofive. Had the South'Mr. BELT. I wish no mistake about it. I desired to stop the importation of slaves, all say the men of Virginia and of the South genthey had to do was to vote against it; they erally. got the votes of but three Northern States Mr. CusHING. Does the gentleman abanfor it. don the point about the importation of slaves It thus appears that the words in the Con- until 1808? stitution of the United States to-day, were Mr. BELT. I do not. I include that in the put in there, not by Northern men, bht on tender I now make. I will show that the the motion of Gen. Pinckney, of South Caro- men who proposed and advocated in the Conlina, who, with Mr. Rutledge, of North Caro- vention the proposition to continue the slave lina, declared that unless they were put in, trade until 1808, were Northern men, and North Carolina, South Carolina, and Georgia they did it exclusively upon the ground that could not be expected to join the Federal a large portion of their people had so much of Union. And the question on the adoption their money invested in the trade that it would of the motion of Mr. Pinckney was carried bean outrage and a wrong suddenly to stop it. by Southern votes. Let us have this record Now I tender myself to prove that proporight; and let us hear no more in this House sition. about the whole weight of slavery in the Mr. STOCKBRIDGE. When may we expect United States being upon the North. that proof'? In the Convention of Massachusetts, the Mr. BELT. Whenever in this debate I am Constitution was adopted by a vote of 18' allowed the opportunity to speak. out of 355, a majority of only 19 votes being Mr. STInLING. I must say that I was so in favor of its adoption. So strenuous was surprised at what the gentleman from Prince the opposition to the Constitution that it is George's (Mr. Belt) said, that I called the asserted on high authority that had the vote attention of the gentleman from Cecil (Mrbeen taken when the Convention first met, Scott) to it. The gentleman from Prince before the reason why this article was put in George's distinctly stated that the permission was assigned, that is, to get the South to to continue the slave trade for twenty years enter the Union, Massachusetts would have after the adoption of the Constitution, was rejected the Constitution of the United States; upon the proposition of Northern men, and and it is hardly too much to say that the fate secured by Northern votes. Now my colof the Federal Constitution was to be decided league (Mir. Cushing) has distinctly proved by the action of the Convention of that from the debates of that Convention, that State. that particular clause was moved by a genMr. BELT. Those who have read the de- tlemen from South Carolina; and the tew bates upon the adoption of the Constitution Northern States that voted for it, did so 40 618 upon the ground that it would enable South ADJOURNMENT OVER. Carolina and Georgia to accept the Consti~~~~~~~~tution.Mr. SCOTT submnitted the following order. tution. Mr. BELT. My explanation is that there Ordered, That immediately after its final were two questions; the one was whether the action on the Declaration of Rights, the ConConstitution of the United States should fos- vention adjourn till twelve o'clock on the ter slavery, and the other was whether the sixth of July, and that until said adjournslave trade should be permitted. ment the Convention hold evening sessions, A1r. STIRLING. The record proves that it commencing at eight o'clock, P. M. was on the motion of a South Carolina. man Mlr. BROWN submitted the following amendthat the slave trade was kept open. The ment: point the gentleman made was in regard to Strike out all after the word'" ordered," the slave trade; he did not say a word about and insertanything else. "That when the Convention adjourns toIMr. BELT. I am not now in a position to morrow, it shall stand adjourned until the argue this question and produce these author. 6th day of July next, and that the per diem ities. But what I have said I stand by, and of the members and officers be suspended I tender myself to prove it to both the gen- during said recess."' tlemnen from Baltimore city (MIessrs. Stirling Mr. BRowN, said: I offer this in order that and Cushing, ) and I will state before I take those who are immediately interested in agmy seat, that the gentleman firom Baltimore riculture may have an opportunity to go city (Mr. Stirling) knows that it is so. home, and attend to their harvests now in Mr. STIRLING.'What does the gentleman hand. I think that every individual here is nmean? I tell him I do not know anything of more or less interested in our harvests. But the kind; and if he says- as there is a scarcity of labor in this State, The PRESIDENT. Gentlemen must abstain all who are immediately interested in agrifiom these remarks. culture are required at home. Mir. BEL'. I did not mean anything per- Mr. HOFFMAN. I hope there will be no adsonal. journment at this time. We have been here The pRESIDENT. The Chair will not per- a long time and have accomplished very litmit any further discussion, but will check it tie. I trust there will be no adjournment at at this point. all, unless for two or three days at the farthest. On motion of MI1. HENKLE- I hope neither the order nor the amendment The Convention then adjourned, will be adopted by this Convention. IMr. SANDS. I hope that at least we shall not adjourn to-morrow. However, I rise more for the purpose of correcting an erroTHIRTY-EIGHTH DAY. neous impression that may go out from this Hall, produced by language that we hear ATJDN;EIOgAY, JunIe 22, 1864. constantly repeated here, that we have been here this long and have done little or nothThe Convention met at 10 o'clock, A. I. ing. Now, I think that tends to poison the Prayer by Rev. M1i. McNemar. minds of the people, and to sow the seeds of The roll was called and the following mem- dissatisfaction and discord among them. I blirs answered to their names: regret to find our friends here scattering such Mlessrs. Goldsborough, President; Abbott, remarks broadcast, and that too in opposition Annan, Audoun, Baker, Barron, Berry, of to what I conceive to be the fact. Ten years Blaltimore county, Berry, of Prince George's, ago and a little over, a Convention assembled B3i!lingsley, Blackiston, Bond, Briscoe, Brown, in this Hall in times of profound peace, with Carter, Chanbers, Crawford, Cunningham, little labor before them. That Convention Cushingc, Davis, of Charles, Davis, of Wash- was said to have been made up of the talent itgoton, Dennis, Duvall, Earle, Ecker, Edelen, and ability of this State. Yet they took more Faior ro Gle G alloway, Greene, Harwood, than six months to complete their work. Jebb, I-lenkle, Hodson, Hoffman, Hollyday, Now, in this Convention we have a vast deal of Hopkins, Hopper, Horsey, Johnson, Jones, work to do: work that was never brought to of' Cecil, Keeer, King, Larsh, Lee, MAarbury, the consideration of the people before and M.rkey,, M(lcComas, Mitchell, Miller, Morgan, which is more interesting and important than Nilullikin, Murrait, Negley, Nyman, Parker, any that came before the Convention of 1850. lnr!:1n, Punhl, Purnell, Ridgely, Rlobinette, I hope, from the present appearance of things, Rlnsselli atinds, 8chley, Schlosser, Scott, that another month will enable us to get Smithi, of Ca roll, Smith, of Worcester, Smith, through and go home. And if we get through of Dolichester, Snlearv, Stirling, Stockbridge, in three or four months from the time we aslSakea Thomas. Thruston, Taner, Valliant, sembled here, the people will be satisfied wit h'\\ickaiid Wooden-1t8. our work. I wish our friends would try to The journal of yesterdaly was read and ap- disseminate among their constituents some prove d. such views as these I have expressed7 and. C19 we should then be sure to hear nothing of action of that body. But not so with us. this dissatisfaction among the people. When We organized upon the first day of our meetI go home, my people say to me-' Take care ing. The President at once appointed the and do your work well; we do not care so committees, and those committees immediatemuch about the time it takes." The work is ly entered upon the discharge of the various to be done here, and I think we have done duties assigned to them-being the preparawell so far. But I have felt for weeks that tion and arrangement of business to be brought we Union men, by these remarks about not before this body for its action. And I think doing anything yet, are sowing seeds of dis- the committees have been engaged with comcontent broadcast among the people. mendable zeal and activity since that time in Mr. BARRON. Will it be in order to offer the examination of the important subjects an amendment to the amendment? confided to them, and have made, I suppose, The PREsmIDNT. Yes, sir. as much progress as the importance of the Mr. BARRON. Then I have some more bun- subjects would admit of. combe here. I move to strike out all after Now, I certainly object to this way of poi. the word " that" and insert: soning the public mind-if I may be allowed "The pay of all the members of this Con- the expression-this prejudicing the public vention shall cease from and after this day." mind against the action of this body. I The PRESIDENT. That amendment is not think we have not been derelict in the pergermain to the question under consideration. formance of any duty. I think we have been The question is upon the adjournment of -this as faithful, as mindful of the interests of our body to the 6th of July next. constituents as perhaps any Convention could Mr. CUSHING. I would like to hear some have been under the circumstances. And in of the gentlemen who offer these propositions view of the various and important subjects give some reasons for this adjournment. I we are called upon to consider, I hope that think it is rather singular business for this hereafter gentlemen will not attempt to raise Convention to be adjourning over inthis way objections in the public mind against the acwithout any reasons being assigned for it. tion and the progress made by this ConvenMr. BROWN. I thought I had given some tion in the discharge of the duties which have reasons for it. I stated that our wheat har- been imposed upon us. It seems to me: that vest was now at hand, that laborers were few, cannot in any way operate in favor of the and that the personal superintendence of propositions which we desire to have adopted every individual immediately interested was by the people. It cannot be attended with required at home now. Every individual in any good result, and may, I think, be attended the community is more or less interested in by very serious embarrassments to members our harvest. And if our wheat isnotsecured of this Convention when they return to their in a few days it will be lost. constituents. Mr. PURNELL. Without intending to indi- Mr. RussELL. I hope there will be no cate what will be my vote upon this question, more adjournments, but that this Convention I desire to say that I concur entirely with my will sit here and go on with their work unfriend from Howard (Mr. Sands) with regard til they get through with their business. I to its having been often said in this body, think that will be much more satisfactory to that we have been here some thirty days and the people. more and have accomplished very little. Mr. HEBB moved to lay the whole subject Now I think, if gentlemen will recollect the on the table. amount of labor that was imposed upon the On that question, Mr. BERRY, of Prince various committees at the commencement of George's, called the yeas and nays, which this Convention, and will bear in mind the were ordered. progress that has been made in their delibe- The question being then taken, by yeas and rations, and also the progress that has been nays, upon the motion to lay on the table, it made in this Convention in the discussion resulted, yeas 46, nays 32-as follows: and adoption of the various articles of the Yeas-MIessrs. Goldsborough, President; bill of rights, which is really the groundwork Abbott, Annan, Audoun, Baker, Barron, of the system to be hereafter embodied in the Berry, of Baltimore county, Carter, CunningConstitution, they will have no reason to ham, Cushing, Daniel, Davis, of Washington, complain of the action of this body. The Earle, Ecker, Farrow, Galloway, Greene, action of the Convention that preceded this Hebb, Hoffman, Hopkins, Hopper, Keefer, some twelve years ago has been frequently Markey, McComas, MIullikin, Murray, Negley, referred to. If I recollect aright, that Con- Nyman, Parker, Purnell, Ridgley, Robinette, vention was in session some two or three Russell, Sands, Schley, Schlosser, Smith, of weeks before it was even organized, and pro- Carroll, Sneary, Stirling, Stockbridge, Sykes, ceeded to any of the'business which it was Thomas, Thruston, Valliant, Wickard, Woodcalled to perform. I suppose there was no en —46. complaint in regard to that delay. An hon- Yays —Messrs. Berry, of Prince George's, est difference of opinion prevailed there which Billingsley, Blackiston, Bond, Briscoe, Brown, could not be reconciled, and it delayed the Chambers, Crawford, Davis, of Charles, Den 620 nis, Duvall, Edelen, Gale, Harwood, Henkle, of money is subject. to the draft of the TreasHodson, Hollyday, Horsey, Johnson, Jones, of urer of the State of Maryland, to be disposed Cecil, King, Larsh, Lee, Marbury, Mitchell, of by the Legislature of the State, to pay the Miller, Morgan, Parran, Scott, Smith, of Dor- owners of slaves for their slaves hereby dechester, Smith, of Worcester, Turner-32. clared free; and provided further, that unless The motion to lay on the table was accord- Congress shall make the said appropriation as ingly agreed to. hereinbefore provided, this section shall be Mr. NEGLEY, when his name was called, null and void, and it is hereby declared that said: I think the original order is entirely it shall be of no effect whatever." premature and that the substitute is entirely Mr. BsERY, of Prince George's. I thought, out of place. I therefore vote-aye. as was stated by my friend from Worcester Mr. SANDS, when his name was called, (Mr. Purnell) on yesterday, that this amendsaid: Thinking that this order is premature, ment was not to come up for consideration I vote —aye. There may be a time when I until my colleague (Mr. Clarke) returned. will vote otherwise on such a proposition. ThePaEsIDENT. Noformal vote wastaken; that was merely a suggestion. Mr. BERRY, of Prince George's. I move to On motion of Mr. DAVIS, it was postpone this amendment until twelve o'clock Ordered, That it be entered on the Journal to-day. I expect the mover of it in here at that the absence of H. W. Dellinger from his any moment. seat in the Convention, is caused by sickness. Mr. VALLIANT. If that motion is adopted, On motion of f;r. DUVALL, it was will it not postpone the whole subject? Ordered, That the Judiciary Committee be The PRESIDENT. Certainly it does. The instructed to inquire into the expediency of Chair understands that the gentleman from incorporating a provision in the Constitution Prince George's (Mr. Clarke) gave notice of requiring the Legislature at each regular this amendment with the understanding that session, to provide for a codification, under the vote should be taken upon it before it their appropriate heads, all decisions of the was taken upon the original article. If any Court of Appeals wherein the principles of gentleman is prepared to go on with the discommon liw have been recognized as the law cussion he can do so at this time, otherwise of this State. the question will be taken upon the amendmenrt, for the Chair must keep the Convention DECLARATION OF RIGi{TS-EMANCIPATION. up to their work. The Convention then resumed the consid- Mr. MARBURY. I understood my friend eration of the order of the day, being the re- from Prince George's (Mr. Clarke) to state port of the Committee on the Declaration of distinctly that he merely gave notice of this Rights, which was onil its second reading. amendment but did not want it to be acted The following article was under considera- on until he could return and be heard upon ion: it. " Article 23. That hereafter, in this State, The PRESIDENT. The Convention mustprothere shall be neither slavery nor involuntary ceed with some business. servitude, except in punishment of crime, Mr. MARuBURY. Is it competent to withwhereof the party shall have been duly con- draw the amendment? victed; and all persons held to service or The PRESIDENT. Certainly; with the conlabor as slaves are hereby declared free." sent of the Convention. The question was staled to be upon the Mr. BERRY, of Prince George's. My recolfollowing amendment submitted by Mr. lection is, that my colleague submitted this CLARKE: not as an amendment, but as a proposition Amend by striking out all after the word which at the proper time he would offer as an "that," and insert- amendment; and it was spread upon the " From and after the first day of January, journal simply for information, and that at 1865, there shall in this 6tate be neither slave- the request of one of the gentlemen from ry nor involuntary servitude, except in pun- Cecil. It is only there as information as to ish.ment of crime, whereof the party shall the character of an amendment which the have been duly convicted, and all persons gentleman will propose at some time hereheld to service or labor as slaves are hereby after. I hardly think it is the property of declared free from and after the first day of the Convention now. January, 1865, provided the Congress of the Mr. NEGLEY. I do not think the amendUnited States shall, before the first day of ment indicated by the gentleman from Prince January, 1865, make an appropriation to the George's (Mr. Clarke) is at all before this State of Maryland, of not less than twenty Convention. It will be remembered that some millions of dollars, to aid the State of Mary- time ago a proposition was offered in relation land in providing compensation to the owners to sending a committee to the President of the of slave property,. and the Secretary of the United States about compensation, and that Treasury of the United States shall certify to proposition was voted down. The gentleman -be Governor of this State that the said sum from Baltimore county (Mr. Berry) intimated 621 what he intended to offer at some future time On motion of Mr. SANDS, further proceedas covering the same ground; and that was ings under the call were dispensed with. spread upon the record. But we never took The question recurred upon the 23d article any notice whatever of it. I should there- of the Declaration of Rights, as reported. fore infer that this proposition of the gentle- Mr. HENIKLE. AS there seems to be a reman fiom Prince George's (Mr. Clarke) is luctance upon the part of members to engage not before the Convention at all for any ac- in the discussion of this question, and as I tion; that it is not in the possession of the intended to say a few words upon it before the Convention. He merely gave notice of his vote should be taken, I will embrace this opintention to move this amendment at some portunity to do so. I do not expect that any future period. I do not think this is a matter argument I may present to the Convention, at all before the Convention. I think the after what has been so forcibly and eloquently only thing now before the Convention is the presented by other gentlemen, holding simiarticle reported by the committee. lar views to my own, will induce any memMr. CusHING. Were not votes taken on ber of this Convention to change his intended amendments to the fourth article of which vote. Mly experience in public life, brief as only notice was given? That wasdone under it has been, has fully convinced me that in the decision of the Chair that notice of an this age of improvement, when the spirit of amendment required a vote to be taken on asserted progress is impelling us along in the amendment, and under the same rule I political matters with irresistible power, the think the vote should be taken on this amend- result of the labors of deliberative bodies ment. are, in the majority of cases, predetermined The PRESIDENT. By consent of the Con- and settled upon. And the arguments upon vention the proposition was received and en- the merits of the measures that are proposed tered upon the journal. It is now the prop- and adopted, are brought in as an after conerty of the Convention, and comes before the sideration, having no effect whatever upon House as an amendment to this particular the final result; a sort of closing scene, inarticle, of' which the gentleman from Prince troduced to give an artistic embellishment George's (Mr. Clarke) gave notice. Accord- and effect to the performance, that it may aping to the recollection of the Chair, that gen- pear to the outside world that the curtain tieman expressed a desire to have the vote has dropped upon a well contested field, taken upon this amendment before it should where the victors have been victorious, not be taken upon the original article. That was so much from the power of numbers, as from communicated to the House, and assented to superior prowess in the use of the argumentby the House. By general consent the amend- ative weapons they employed, and the vanment can be withdrawn. quished have been overcome because of their Mr. BERRY, of Prince George's. I ask inability to cope with so dexterous an adverleave to withdraw the amendment for the sary. That, I am convinced, is the general time being. rule. And no one can be more fully conNo objection being made, the amendment vinced than I am, that no efforts of my humwas accordingly withdrawn. ble abilities can affect the decision of this The question was upon agreeing to the Convention. article as reported from the committee. But sir, there is a great future before us in Mr BERRY, of Prince George's, moved a thehistoryofourStateandcountry. When the call of the House, which was ordered. din and smoke of battle shall have subsided; The roll was then called, and the following when the confusion of the conflict that is now members answered to their names: convulsing the whole country shall have Messrs. Goldsborough, President; Abbott, passed away, and men shall once more reAnnan, Audoun, Baker, Barron, Berry, of sume the dispassionate exercise of their reaB;altimore county, Berry, of Prince George's, soning faculties, then posterity will pass Billingsley, Blackistone, -Bond, Briscoe, upon the events of to-day, in terms of approBrown, Carter, Chambers, Crawford, Cun- bation or censure. It is to that tribunal and ningham, Cushing, Daniel, Davis, of Charles, that authority that we look for the vindicaDavis, of Washington, Dennis,Duvall, Earle, tion of the propriety of the course we now Ecker, Edelen, Farrow, Gale, Galloway, pursue. It is to that court that we appeal Greene, Harwood, Hebb, Henkle, Hodson, for a just verdict upon the merits of the case Hoffman, Hollyda,3 Hopkins, Hopper,'Horsey, now pending before this Convention, and not Johnson, Jones, ot' Cecil, Keefer, King, Larsi, to the mad passions that rule the minds of Lee, Marbury, Markey, McComas, Mitchell, men to-day. Miller, Morgan, Mullikin, Murrav, Nealey, I have the honor, in part, to represent a Nyman, Parker. Parran, Purnell, Ridgely, large majority of the people of a county in Robinette, Russell, Sands, Schley, Schlosser, this State, who, with the exception of one Scott, Smith, of Carroll, Siith, of Dorchester, county only, are more deeply interested in Smith, of Worcester, Sneary, Stirling, Stock- the questions now agitating this State and bridge, Sykes, Thomas, Thruston, Turner, Convention than the people of any other Valliant, Wickard, Wooden'-78. county in the State. I know their feelings 622 and their interests, and I sliobuld be recreant without compensation. if they did so "it was to the high trust; they have reposed in me did a grievous fault, and grievously have they I not to the utmost of Imy ability, however answered it,"' as the destruction, and devashumble it may be, do what I can to steml the tation, and waste, and poverty of all those torrent that is now overrunning our country islands so manifestly testify. and State. It is for themn and in their be- Slavery exists to-day in the State of MaryhaJf, as well as representing my own views land. It is not for us to go back and inquire and sentiments, that I desire to place myself into or argue, concerning the whys and upon record here, and give an evidence of wherefores of it. It was no act of ours or of the faith that is in me which will not be dis- our immediate ancestors, that imposed the puted hereafter. institution upon us. The history of the past It is proposed to emancipate' the slaves of fully teaches us that people outside of the Maryland, and forever hereafter abolish the limits of the then colony of ITMaryland, had legal status of slavery within the limits of more to do with the ittroduction of slavery this State. In one short sentence, at one into Maryland, than the people of the colony dash of the pen, suddenly, boldly, absolutely, itself. It is a fact upon the pages of history, without any previous preparation, without. as plain as day-light, that New England and any qualification, without any kind of comn Old England were the influences and the pensation, forcibly if necessary, by the strong power that introduced this institutiont, now arm of the law, and in the name of the gov- so much abused, into the Southern section of ernment that was instituted for the security our country. Influenced by the greed of gain and protection of the lives and property of consequent upon the traffic which they now the citizens of the State and of the country- term so atrocious, they forced the institution to strike from the hands of the rightful own- upon the South, and now their descendants, ers all lawful claim to forty million dollars' from greed of power and place, and personal worth of property. There is no parallel to aggrandizement, wage a war of exterminathis in all the annals of the past; certainly tion upon the institution. there is none in the history of our own coun- This institution is now established in our try. midst. There are between 80,000 and 90,000 I know that emancipation has been adopted slaves in MIaryland. We h'ave to recognize in portions of our own country, and in other as a fact, we have to treat as a fact-the countries during the past century. But never question is forced upon us, whether we are has it been attempted or accomplished in our willing to consider it or not-whether, at the own, or in any other country, in the violent, bidding of' the people or not, the question is. unjust, and atrocious manner in which it is brought here forcibly upon us, and we have now proposed to be accomplished in the State to dispose of it; we have no election in the of Maryland. When it was accomplished in matter; we have to do something, and now the Northern States of our republic, it was what shall we do? I am opposed to emancidone in times of peace, when there was no pation upon principle, upon broad principle, terrible war agitating our country from its and I am opposed to it as being in its effects centre to its circumference, threatening its contrary to the interests of both races. dissolution, and convulsing interests of every What are the objections to the institution of kind throughout the land. It was effected slavery? They have been paraded here with gradually, and with compensation in. every great force by gentlemen on the other side. case, without a solitary exception. It was It is first objected that it is unchristian in its effected at a time when those who were not nature; that it is contrary to the spirit of the willing to suffer loss by the execution of the Bible and the teachings of christianity. It is law could dispose of their property in an ad- said that there is no justifying precedent for vantageous market; and those who were dis- it in Holy Writ; that the teaching of God's posed to do so did so and pocketed the pro- holy book are entirely against it. Now, I am ceeds. not going to argue the Bible view of the When the British Government abolished question here, for I have no idea whatever slavery in their West Indian dependencies, that the people of the State of' Maryland have did they do it suddenly? Did they violently suddenly been seized with a fit of conscienstrike from the hands of the lawful owners tious remorse upon this subject, and are now this property without any compensation'? desii-ous, of clearing their skirts of this "sunm No, sir; they made the abolition of Flavery of all villainies," as it has been called. I do both gradual and compensated. The British not believe a word of that; and without inParliament appropriated ~20,000,000 ster- tending any personal reflection, I do not beling, or $100,000,000, to remunerate the own- lieve that gentlemen upon the other sile beers of slaves, and to compensate therm for the lieve it. I cannot believe that those gentleloss of their property. And in addition to men believe that the people of the State of that there Were. five years of apprenticeship Maryland have undergone a radical change before emancipation went into full operation. of sentiment as regards the morality and proI do not know what the French Govern- priety and christianity of slaveholding. ment did. I know not if they emancipated When our Convention assembled in 1850, 623 an article was introduced into the Constitu- Still here is the bold fact presented in the station by a unanimous vote, nemrine contradi- tistics, which no man can gainsay, that in cente, not one solitary voice raised against it, the free States of the North there are twentythat the Legislature should not interfere with nine negro convicts where there is one negro the relation of master and slave in the State convict in the slave States of the South.- Is of Maryland. The men of that Convention there no force in that argument? were great men, were good men, were men of And again; and I would not advert to it, whom the State of Maryland may justly be but it has been adverted to before, a fling proud; and their names will be handed down has been made at the demoralizing tendency to posterity as bright stars in the galaxy of of the institution of slavery upon the morals the good old State of Maryland. Were they of the two races in the Southern States, not conscientious men? were they not just'which is attested by the large number of mumen? were they not men disposed to serve lattoes in the South. The gentleman (Mr. their God as humbly and as faithfully as the Valliant) who first attempted that argument, latter day saints that surround us now? certainly reckoned without ever looking at I will not argue this view of the question, the book. He surely did not speak from the because the arguing of it would admit that book, when he made that assertion. Why, there had been a change, which I do not be- sir, in the Southern States there are only lieve. And I cannot believe that the gen- about one mulatto to eight negroes; while in tlemen who dissent from me, and oppose the Northern States there are more mulattoes the institution of slavery, themselves believe than negroes. In many of therm the mulatthat there has been such a radical change in toes constitute seventy-five per cent; of the the minds of the people upon this point. colored population. And in all of them it' But it is argued that slavery is immoral in will average over fifty per cent., as I have its nature and in its tendency; that it is de- stated. But I am not disposed to lay this as moralizing to both races; that it is cruel, a sin at their door at all, for it is from that inhuman, monstrous in its character, and that section of country that we hear the delectable it affects injuriously the material interests of doctrine of miscegenation preached, and they the State of Maryland. We answer that itis but practice what they preach. And thus none ofthese. Slavery has donemore toim- they preserve that inestimable jewel consisprove, and elevate, and make comfortable, tency embodied in a yellow casket though not and to christianize the African than all the a golden one. abolition societies, all the emigrant aid socie- Next, slavery is cruel, inhumane and monties, and all the so-called benevolent institu- strous. Now, if the lot of the slave is so tions of abolitiondom combined. The four deplorable as it is represented to be, if the millions slaves of the Southern States are the slaves of this country are in a condition happiest, the. most elevated in the scale of which imposes burdens upon them which are civilization, the most comfortable in their grievous to be borne, why is it not shown in physical. moral and mental condition, of any its results? We have heard this argument of of their race that exist upon the face of the chains, and shackles, and slavery, over and earth, or that ever did exist. over again. It is a harp of a thousand strings Now, I intend to try and prove this posi- that is played upon incessantly by gentlemen tion by a reference to the statistics of the on the other side. Now, if it be true that the United States, as they are exhibited in the slaves "groan and sweat under this weary census of 1860. I have noticed how studi- life," then the statistics showing their physously-perhaps I should not say studiously, ical condition will certainly justify gentlebut it seemed to be so-gentlemen who have men in that assertion. Now, I assert as the argued this question upon this floor have correct doctrine that that class of people avoided any references to the statistics of among whom there is the most rapid natural the United States pertaining to slavery. They increase, the least mortality, and the greatest have not attempted to bolster up their asser- longevity, the least want and destitution, and tions of the enormities of slavery, by one the greatest immunity from the many ills that solitary reference1 so far as it came to my human flesh is heir to, cannot be inhumanly hearing, to the statistics of the census. It is treated; but on the contrary, their condition charged that slavery is immoral, that it has must be a prosperous, happy and contented a demoralizing effect upon the negro, and one.. I think that all true philanthropists and also upon the white race. Now, the statistics every student of political economy will admit of the United States show, taking the aggre- that that is a true position. gate of all the population, that in the slave- Now, how do those who study political holding States there is not quite one negro economy and the doctrine of government, convict to 10,000 of the population, while in judge of the condition of any people, of their the free States the negro convicts average prosperity and happiness, and of the benign about 29 to 10,000 of the population. And influences of the government under which still we are told that slavery has a demoral- they live, except by the statistics that show izing effect upon the negro; that it debases their physical condition? And the statisticshim, degrades him, and makes him vicious. prove that the slave population of the South 624' has had a natural increa e within the last now be laws prohibiting the separation of twenty years-and nearly the same ratio is families by selling members of them to disborne out by the statistics ever since our gov- tant parts of the country. I am not advised ernment was established-more than double as to particular States, but if there is any rethe natural increase of the negro population liance to be placed upon what legal gentleof the North, adding to that free population men tell me, there have been statutes of that and its increase all the negroes who have character already passed in several of the escaped from the South. Is there no force in slave States. But I am inclined to think the that argument? Taking their physical con- affections of the negro are not so strong as dition, which I contend is the only true they are represented to be. I have had a ground upon which to judge of their happi- negro woman to go away and leave four ness or misery; taking their physical condi- small children. And in my own neighbortion, their bodily comfort, their mental con- hood, within a few weeks past, there has been dition, their moral and their intellectual con- a case of a negro woman going away and dition, the statistics abundantly prove that leaving five small.children, one in arms. they are happier, better off, and with a natural And under the particular regime under whicl increase more than double, in this state of our slaves are now, there was nothing to prebondage, which is represented as so cruel and vent that negro taking up all those children, inhuman, than it is in a state of liberty. and all their bag and baggage, in broad dayNow, in regard to the mental condition of light, and going off, and no one would have the negro. Do we not all know that any been able to offer any resistance. people who are in a condition that is so dis- Then, in all that pertains to the physical tressing, so outrageous, so oppressive, so mon- condition of the negro, we find that he is instrous, as the condition of slavery is repre- finitely better off, more happy and more prossented to be by gentlemen who hold different perous in the condition of slavery than in the views from us, must suffer in mind; and that condition of freedom. Hence, I infer that suffering in mind produces insanity? Now, the institution is neither immoral, unchrisif you look to the statistics of insanity in the tian, or cruel. United States, what is the lesson that they But it is said that slavery affects injuriously teach? There are more than seven free to one the material interests of our State, and hence slave insane in the United States. Now, does we must have emancipation. Sir, the State not that show that all these representations of of Maryland has been sectionalized, just as thedistress and suffering imposed on 1hem in the whole country has been sectionalized. a condition of slavery, are misrepresentations, The Northern States have waged a war of agor that there would be more manifestations of gression upon the institutions of the South, the effects in cases of insanity without num- and I am sorry to say that the very same ber? While the ratio, in' fact, is as one to spirit is in our own State; that the northern seven in their favor. and western counties of the State of MaryAnd suicide is another result of misery and land are wantonly waging an aggressive war oppression. We know that when a people upon'the institutions of Southern Maryland. are subjected to afflictions of mind and body, And they point us to the physical differences they are very frequently in their frenzy and of those sections of the State, and justify the despair driven to the commission of suicide. measure of emancipation because the northern Now, how many cases of suicide occur among and western counties are more prosperous, the slave population of the South? I am more populous, more wealthy than the southsorry the statistics of the United States do not ern section of the State, and say that the afford information upon that point. But I poverty of Southern Maryland is caused by appeal to every gentleman in this House to the blighting influences of slavery there. say how many instances of suicide of slaves Now, sir, are there no other reasons why have come to their knowledge. It is true, Northern and Western Mary]and is more Mrs. Harriet Beecher Stowe has painted a populous, more thrifty, more fertile, more glowing picture of a lady of color throwing wealthy than Southern Maryland? Look at herself into the Mississippi, and thus putting the vast beds of ooal embowelled in the mounan end to her life. That is a highly painted tains there, inviting the laborer, the mechanic, picture. Is there a parallel to it in real life? and the capitalist, and remunerating them Such a one has not come under my observa- richly for their labor and expense. Look at the tion. mineral resources of the State, all confined to A great deal has been said about the sepa- Western Maryland. Look at the vast quarration of families, the harrowing of the soul, ries, and the limestone affording ready means and heart-rendings, that is caused among the of improving the soil. Look at the Susquenegroes by the laws which justify the sepa- hanna and its tributaries pouring annually rating of the husband from the wife, and the into the Chesapeake Bay an immense amount parent from the child. Sir, had it not been of lumber, throwing into the lap of Cecil and for the abolitionists of the North, and the war Harford counties an immense amount of trade waged upon the institution of slavery, I be- -not owing to any particular enterprise of lieve that in every Sonthern State there would those counties. And yet they vaunt it be 625 fore us as, evidence of their thrift and enter- negro are to idleness, dissipation and vice, prise. Then look at the internal improve- and where they are in large numbers, and ments of Maryland. There is not a county in suffered to follow their natural inclinations, Northern Maryland that is not bisected, some they will relapse into barbarism, and even of them in two or three directions, by rail- into idolatry. Emancipation has never been roads and canals, affording means of develop- tried in this country to the extent to which ing all the internal wealth of that part of the it is now proposed to make the trial in MaryState. IFlow many railroads and canals are land. There are more slaves in:Maryland there running through Southern Maryland, now-if my recollection serves me right, affording us facilities for travel and transpor- there are twice as many slaves in Maryland tation? now-than were ever emancipated in all the Who built all those internal improvements? United States before. The numbers heretoMy worthy friend from St. MBary's (Mr. Bil- fore emancipated in the Northern States have lingsley) referred to those internal improve- borne such small proportion to the aggregate ments. He will pardon me for adverting to population that it was impossible that it the subject again. Who built those internal should affect materially the interests of soimprovements? They were built by the whole ciety, or of trade or of commerce, or in any State. There was no reluctance upon the other interest. But it is not so in Maryland. part of Southern Maryland to enter into those There are, or were at the beginning of these enterprises. They have paid their portion of troubles, perhaps 90,000 slaves in Maryland, the taxes to enrich, and develop, and make forming about one-eighth of the population populous the western and northern sections of the State. And we have to judge of the of the State. And for those favors you turn effect of this wholesale emancipation by the and rend her; this is gross ingratitude. effect it has had elsewhere, in other countries Having enriched you, having developed your where emancipation has been practiced on a resources, having made you populous and large scale. powerful, having given you a superiority of The British Government emancipated the numbers, you now make use of that superior- slaves in the West India Islands. Those ity of numbers to overwhelm us, and strip us islands are among the most fertile parts of of our rights. God's earth. There is not a land anywhere And then, again, in reference to the condi- on earth with greater natural facilities for tion of our own State, and the difference be- cultivation, for making the negro happy and tween the two sections of the State, there is prosperous, for elevating his condition, and another reason for that, besides the internal enabling him to develop those wonderful improvements to which I have referred. Is it pqwers of mind and character which are atnot known to you all that the southern sec- tributed to him by those who urge this scheme tion of Maryland has a more barren and un- of emancipation so warmly. It was repreproductive soil than the northern and western sented by those who started this measure in sections of the State? that we do nothave those England, that the negro would develop himfertilizers ready at hand by which we can self in a manner unheard of in the history of improve our soil and develop agricultural the world. Dr. Channing, the Dr. Cheever wealth, and which are found all through the of that day. made this prediction in 1833 of western part of the State? Is it not known the result of emancipation: also that the climate of Southern Maryland is' The planters, in general, would suffer insalubrious and unhealthy? Thereare many little, if at all, from emancipation. This gentlemen on the floor of this Convention change would make them richer rather than who would not live in the county where I poorer. One would think, indeed, firom the live, perhaps would not live in the very domi- common language on the subject, that the cil which I occupy, even if I should makle any negroes were to be annihilated by being set one of them a present of it, upon the condi- free; that the whole labor of the islands was tion that he should reside in it. These are to be destroyed by a single blow. But the the causes for the difference between the two colored man, once freed, will not vanish from sections of the State, and not the institution the soil. He will stand there with the same of slavery. I am willing to admit that the muscles as before, only strung anew by libwestern section of the State is very powerful erty; writh the same limbs to toil, and with in numters, that she has more resources, and stronger motives to toil than before. He will has developed them'to a greater degree than work from hope, not fear; will work for himSouthern Maryland. But I am not willing self, not for others; and unless all the printo admit that the people, or any people are ciples of human nature are reversed under a superior, in all those attributes that make black skin, he will work better than before. mnen noble, virtuous, generous, brave, and We believe that agriculture will revive, our glorious, than are the people to be found in worn-out soils will be revived, and the whole Southern Maryvland. country assume a. brighter aspect under free Sir, emancipation, especially sudden eman- labor." cipation, is injurious to the negro and to the That is the prediction. Now, sir, what has white races. The natural inclinations of the the experience of many and many years shown 626 to be the result, with ample opportunity to supplied by the large coolie immigration unthe: free negro in those islands to develop der the auspices of Government." himself, and show the wonderful results pre- This statement proves two things in a most dieted by Dr. Channing?. The statistics are conclusive manner. First, that the negro race very copious upon that subject; and I could. emancipated and left to provide for themoccupy the time of the Convention for hours selves will not engage in any industrial purupon this point. Here is what Prof. De Bow, suits or laborious occupation, but relapse into the former Superintendent of the United a condition of indolence, illmprovidence and States Census Bureau, says upon the subject, dissipation, for if thev remained industrious, and although gentleman may differ with him active and enterprising in their habits, as it is in politics, and in his convictions in reference contended they will under the additional moto this question, I presume they will at least tives and inducements that freedom offers. admit that heis good authority upon subjects why is it that the " progress and products of of statistics: the islands have been much checked" as the "Without the institution of slavery, the consul tells us since emancipation? The negreat staple products of the South would gro population has not been removed, but cease to be grown, and the immense annual still remains in the island. Tle only inference results, which are distributed among every and the fact is that since they have been class of the comrmunity, and which give life emancipated they have ceased to work, living to every branch of industry, would cease. only in the most indolent manner and adThe world furnishes no instances of these pro- dicted to the most vicious habits, and hence ducts being grown upon a large scale by free the progress of the island has been checked labor. The English now acknowledge their andl its products greatly diminished. And, failure in the East Indies. Brazil, whose secondly, it proves that the English nation slave population nearly equals our own, is who have been the great champions and adthe only South American State which has voctates of freedom for the negro race, have prospered. Cuba, by her slave labor, show- themselves repudiated their own doctrines, ers wealth upon old Spain; whilst the British acknowledged their error and absurdity, and West India Colonies have now ceased to.be a under the garb of coolie apprenticeship resource of revenue, and from opulence have introduced slavery where they had once abolbeen, by emancipation, reduced to beggary. ished it, and in a manner and by means much St. Domingo shared the same fate, and the more objectionable than it anywhere exists in poor whites have been massacred equally with the United States. the rich." The moral and intellectual condition of the I will only read some statistics in reference negro, as well as his physic:al condition, in to the exports of Hayti; and the same holds liberty after emancipation is vastly worse good in reference to Jamaica, and other is- than in a state of slavery. In Massachusetts lands, where emancipation has been enacted. there are four times as many negro convicts In Hayti the exports in 1789 amounted to in proportion to the population as in Marynearly $28,000,000; in 1860 to only from land. In Massachusetts, the pink of' perfec$5, 000.000 to $6, 000, 000. Sugar is no longer tion, the model State, the great head and front exported, and the quantity of coffee scarcely of this movement of' progress, under the beexceeds one-third, and of cotton one-tenth of nign influence of free institutions, there are the exports of 1789. This is given on North- four times as many negro convicts in proporern authority. In reference to Jamaica the tion to the entire negro population as there statistics in reference to exports are as fol- are in miserable, degraded Mlaryland. lows:- Ir. STOCxBaRI)GE. In proportion to all the Exports. 1789. lS. population, or in proportion to the colored Suga r...... 150,352 hhd9s. population? Sugar....... 0352 hhds. 30,459 hhds. Mr. HENLEas. In proportion to all the pop~Rum ~....4.....3 93,950 7 15,991. ulation. In Pennsylvania the negro convicts Coffee. 24,1 393 lbs.,095,623 lbs. bear the proportion of four to one in MaryAnd there would not be that much cof- land; there, too, they have free institutions. fee exported, except that it grows wild, and In New York the proportion is seven to one without the labor of cultivation; they simply in Maryland. In Massachusetts the negro pick as much as they choose. convicts in proportion to the whites are alAnd I have other testimony on that point, most ten to one in proportion to population. which I suppose will be considered both legal In Pennsylvania sixteen to one. In New and reliable. York fourteen to one. In Massachusetts there The Uiilted States Consul at Trihidad says were thrte negro paupers to one white pauof that island in his report to Mr. Seward per. I regret that the returns of pauperism and published by authority of Congress in are so incomplete in the census reports, fbr I 1861 in the Commercial Relations, page 39: am sure they would have a doleful tale to "Sinlc emancipation its progress has been te'l, if reported fully. Thus you see that in much checked for want of a laboring popu- every view you can take of the subject, the lation, but this deficiency is being rapidly negro after emancipation is less prosperous and happy than under the institution of to- get his livelihood by the sweat of his brow, slavery. to hire out at daily labor, will, have to labor This is a great and migrhty measure. It in the field, on the farm and the plantation, seems to me that the magnitude of this meas- side by side, in almost social and' political ure has not entered into: the mi:nds and con- equality with free negroes. The negro will ceptions of gentlemen who ad'vocate. it here., be elevated step by step. There is-a disposiHave they reflected that the slave property tion, that cannot be controverted, to elevate now proposed to be emancipated is one-half the negro. The effect will be to pull down: of the assessable property in that portion of the' white man, and there will finally be a the State where slavery most abounds? Take struggle between the races. We find all the report of the Comptroller of the Treasury, around us the disposition to elevate the and he will tell you that the assessable prop- negro to an equality with the white man. erty of the counties mamount to so much-; and In Washington city they are allowed to that in the counties of the eastern shore south ride in the cars, and other privileges of that of Cecil, and the counties of the western kind. shore south of the Bal:timore and Washington Mr. BARRON. They have a car separate and railroad, the slave property amounts to one- distinct for the colored people to ride in exhalf the value of all the property. Have you elusively. I only mention that fact by way thought that by this measure, at one fell of information to the gentleman. blow, you strike down one-half of the wealth Mr. HENKLE. Mr. Sumner made a hercuof all kinds in that section of the State? lean speech in the Senate on the subject. They have not deserved it at your hands, and Reverdy Johnson, and other distinguished will not the injury fall heavily upon the agri.- leaders of the Republican party, made speechcultural interests of the State? Looklat that es upon the subject, advocating equal libersection of the' State now; whole counties al- ties with the white man for the free neoroes most devastated and turned into a wilder- in the District of Columnbia. There was a ness, unproductive, scarcely yielding enough case in point reported in the newspapers some to support life in the inhabitants that are time ago, which gentlemen doubtless have left. That is the condition now of much of seen, and which I have no doubt is correct, this State.!about what transpired on' the boat that runs The turning loose upon society of this vast to Fortress Monroe. There the negro is reincubus of vice, indolence, and dissipation cognized as upon a social equality with the will produce an effect we' have never experi- white man. In every contest on this subject enced, that we have never even dreamed of. the negro gains the victory. These things: It will increase our taxes. Are they not suf- will go on. The respectable white populaficient already? Are we not now ground al- tion in this and in other States will never most to the very dust? Are not the burdens submit to it; it cannot be. ThlePresidentof of taxation now imposed upon us sufficient the United States himself, when speaking to: to gratify the tastes of gentlemen? It has a deputation of colored gentleman, who waitcome to this, as was remarked the other day ed upon him a year or more ago, told them: here, that the very screws in our coffins are that there was an inequality between the' taxed. races which could never be overcome; that And then its effects upon the white laboring they were different races that never would reclass. It has been preached to us that sla- concile together as social equals. But there very operated against the interests of the la- is, notwithstanding this, an effort to elevate boring masses, of the poor white men. Now, the negro. The negro will presume upon the if the slaves of Maryland were to be swept efforts of his friends; and I think it will refrot the soil, were to be taken: out of the State, suit in a war of races, when the poor negro I admit there would then be an opportunity will go down in the struggle. And that is for white labor to come in and supply their the humanity that is exercised towards the places; and in that regard,if such a measure was negro race. adopted, it would redound to the interest and The PRESIDENT informed the gentleman advantage of the white laboring population. that his time had expired. But such a measure is not practicable; such Mr. CHAiBEras moved to extend the time. a measure is not proposed; such a measure Mr. ABBOTT moved to limit the extension will not be attempted. The free negroes will of time to fifteen minutes, which was agreed remain here, and then what will be the effect to. upon the poor white laboring class? You Mr. HENICLE continued: The enormous elevate the negro socially and politically, and injustice of this measure really staggers my in doing so you place the poor white laboring understanding. I can hardly realize that I man upon an equality with him. It will in- am standing in a Convention of free men, evitably have that effect. The rich man, with elected by the sovereign people of the State of his fortune, can keep out of such company,: Maryland to act upon these grave subjects, can avoid such association; the rich man when I hear gentlemen announce doctrines will be exempt from this evil and baneful in- and advocate measures that I hear advocated fluence. But the poor white man, compelled and announced here day after day. We are 628 told plainly that emancipation is a foregone harbor of safety. And he was backed up by conclusion; that the people have so decided; the spontaneous, mighty impulse of the and that there shall be no compensation. people. There is no dark spot upon her The gentleman from Baltimore city (Mr. character for fidelity and justice that her peoCushing) yesterday to!d us-and I could ple have ever sanctioned. hardly believe my own ears and eyes-that This emancipation without compensation, we should not receive one dollar, not one cent according to my view of the subject, is to all for our property. I He says that whatever intents and ptirposes, practical confiscation. tales of grief and injustice may come up to us What is the difference? I am no lawyer, but here, the.y -will pay no attention to them; I have taken the trouble to look into the law that they will not listen to them; that he dictionary, and find this to be the definition hopes that property will have no considera- of confscation: tion. Now, sir, it is not a question of sym- I" Confiscation is the act by which the espathy. I tell the gentleman it is simply a' tate, goods, or chattels of a person who has question of justice. BWe do not claim it from been guilty of some crime, or who is a public considerations of sympathy. We do not ask enemy, is declared to be forfeited for the good it, if the worst comes to the worst, as a mat- of the public treasury. When property is ter of gratuity. We stand upon the broad forfeited as a punishment for the commission principles of justice. The widowand the or- of crime, it is usually called a forfeiture."phan, the injured families of Maryland, cry Bouvier's Law Dictionary. for justice. No time for that, he says; no Now, have the people of this section of Matime for sympathy. Why, sir, has the time r yland forfeited their right to all this procome, will the time ever come, in the history perty by any crime they have committed? of the good old State of Marvland, when those Have they been arraigned in any court of in authority will be regardless of, and will justice? Has there been any indictment, any not consider, the plea of justice? Perish the charge of any kind brought against them? government! perish the authority and the Yet it is' proposed, practically, to confiscate power, whatever it may be, that does not, all this property, and at one blow strike it with all its energy and might, accord justice from their hands. The General Government alike to the proudest and the poorest of its has not attempted to confiscate the private citizens. Fiat justilia, ruat celum. property of those who have gone into the But he tells us that the people have so de- rebel army, and are fighting against the Govtermined. I cannot believe it; I will not be- ernment, except,. I believe, upon due process lieve it; I would shut my ears to the painful of law. Or, if they have done so, it is in viotruth, if it were a truth.: I was born in Ma- lation of the Constitution of the United ryland; I was raised in Maryland; I have States. Yet here this sovereign Convention, lived in Maryland all my life. I am proud of representing the will of the people of Marymy State, of her past history, of the Revolu- land, are going to take away this property tionary record which she has, and I cannot without any process whatever. It is perbelieve that the people of Maryland are dis- fectly absurd; it is monstrous; it is heinous; honest at heart. The people of Maryland are it is damnable. honest. Her past history shows it; her whole In our bill of rights we have declared, in antecedent history proves it. The people of an article already passed, that private proMary'land have never by their votes sanction- perty shall not be taken except for considered any measure of dishonesty or discredit. ation and by due process of law. The ConThere was a time in the financial history of stitution of the United States, the supreme our State, when she was unfortunate. TLe law of the land, to which it is said we owe works of internal improvement, which she paramount allegiance, says " nor shall private had perhaps gone into rashly, had involved property be taken for public use without just the State. We were in debt; our currency comnpensation.' But the gentleman from Cecil was in a deplorable condition; all the inter- (MNIr. Scott) says it is not taken for public ests of our State were convulsed; and corn- use. Is it taken for private use? Sir, it is mercial enterprise of every kind seemed to be taken for public use. It is announced all the tottering on the very brink of ruin. The time that this is necessary as a public measure; ship of state was tempest-tost in the wild as a political measure; that it is necessary to storm, and the winds of adversity seemed to hold cMaryland in her true position, and be fast driving her upon the rock of repudia-t make her gravitate to the grand centre of tion. The people of Marylaid then arose in the government. It is taken for public use, the umajesty of their power, and elected to the.or for no use at all. The gentleman will Gubernatorial Chair a slaveholder; they hardly acknowledge that it is taken for no placed in the position of Executive of the use or purpose at all. State a man from a slave-holding county, not This, then, is in direct violation of our own now credited among the elect, but whom bill of rights. This Convention assembled in posterity will set down among the faithful. 1864, to make a new Constitution and forrm He seized the helm of State, and with a mas- of Government, have embodied this principle.ter-hand guided our good old bark into a in our bill of rights; and before they have 629 sat here two weeks after enacting that very ciple between the two cases. Would that be clause, they pass the most outrageous viola- just and proper? tion of the principles embodied in it that was The gentleman (Mr. Cushing) who spoke ever shown upon the pages of American his- yesterday said, that in South Carolina they tory. had passed laws that a negro coming there But it is contended that this Convention is from a Northern State should be thrown into omnipotent, and may do everything and any- prison; and that a gentleman sent down thing; may get over all laws, and may get there from a Northern State to investigate over the Constitution. I anticipate this ar- the constitutionality of those laws, was progument somewhat, for I see no other way for hibited from exercising the duty for which he this outrageous measure to be defended ex- was sent there. And he spoke of that as a cept by asserting that a Convention being most flagrant outrage upon the rights of citiomnipotent, we may do this or anything else. zens, and upon the principles of liberty and But there is no sovereignty, however it may humanity generally. be organized, that can rob the people of their He also said that he was in Massachusetts rights of life and property. That is a princi- upon the occasion of the return of a fugitive ple of fundamental right that the people can- slave to his master; and he saw the soldiers not be stripped of. According to my idea- seize that fugitive who had fled so many I do not know how it is with my negro-loving hundred miles to gain his freedom, and take friends-the right of your person, of your life, him down to a vessel and send him off. And of your property, is a natural right,: a divine he avowed that if he had been a citizen of right. Judge Story says, vol. 3, page 68, Massachusetts, he would, regardless of the that no authority, no sovereignty, no power, law and the Constitution, have resisted the can deprive a citizen or person of property, law and the Constitution. Now, sir, I do except for commission of crime, or for some not doubt it. It is just such gentlemen as he public use, which must be designated and who have brought on us all these troubles. justified. The right of this Convention to He boldly declared here in this Convention, take away slave property, in violation of law, in broad daylight, that he would -have opin violation of the Constitution, involves the posed the return of that fugitive had he been right to take away any other kind of pro-. a citizen of Massa:chusetts. The law of the perty. With the same propriety the Conven- land said he should be returned; he says he tion could take away from me my land, my would have opposed the law. Just such horses, my wagons, my money, my stocks, political preachers as he have been the anything I have, because property in slaves exciting cause, and are the head and front of is just as surely guaranteed to the citizen as all the evils that afflict the land to-day. And any other property that he holds. It is then I charge him and his coadjutors with being manifestly absurd to assume that this Con- the exciters of the rebellion; for if there had vention can do this. never been an abolitionist, in my opinion, Let me illustrate this point. Suppose the there never would have been a secessionist. laboring classes of the State of Maryland But the great argument in favor of emanciwere to organize themselves into a political pation is, that slavery is the chief cornerparty, and were to become numerous and stone of the rebellion; the keystone of the powerful to such an extent that they were arch which supports all this mighty moveenabled to wield the political power of the ment in the South; that supports the feeling State of Maryland. Then suppose they were of opposition to the Government in this to say to the wealthy farmers, and all others State; that it is the root of all evil; the sum engaged in agricultural pursuits-" You shall of all villainies; and no matter how and by not employ or use labor-saving machines; what means, it must be disposed of. And it you shall not have reapers. to reap your is proposed to do it violently and suddenly, grain or mowers to cut your grass; because and without due process of law, without any those implements, by reducing the number just compensation, and in opposition to all of hands necessary to be employed, operate common principles of justice. against our interests; we will not, there- Now, are we never going to learn Wisdom fore, allow you to use reapers and mowers; from the history of the past? Are we never we have the power, and we will call a going to learn anything from the history of Convention, and we will have a provision put other nations and past ages, and all the teachin the Constitution which shall provide that ings of similar proceedings under similar cirthese labor-saving machines shall not be used, cumstances? Is there an instance in the musty because they operate against the interests of tomes of antiquity, or in all the volumes of the laboring classes; and more than that, modern history, to show that a people has ever we will not only provide that you shall not been won back by force? Can you create affecuse them, but we will take away from you tion, or conciliate public feeling, or produce those which you now have, and we will not pay harmony and concord and love, by violent you for them either." Now, that is a per- measures and unjustand oppressive acts? That fectly parallel case in every respect. I defy policy was tried by the British Government gentlemen to show any discrepancy in prin- in reference to the colonies. And it drove 630 those that did not at first intend to establish legislated for in the past, it is a reason that it an independent government, into rebellion; should continue to be thus legislated for.in it alienated and estranged them, and they de- future, I tell them that it is a sword that termined to set up an independent govern- cuts both ways. That it is for that very ment for themselves. The same policy has reason, in part, that has caused the people been tried by other governments, and in in their majesty to determine that such other times. And the -very same problem is partial, and to a large portion of them, ofnow being solved in our country. God fensive legislation shall no longer exist; and only knows what will bethe result. I think, one of the great objects in sending us here, myself, it was a great mistake. I think that is that the State of Maryland shall no longer mild and peaceful measures might have pro- tolerate such iniquitous enactments upon her duced conciliation, and avoided all these statute book. They have even essayed, sir, troubles, and that to-day we would have been to come between a man's conscience and his a united nation and people, united in.the God, and by a solemn statute, passed a few bonds of interest and of love and of concord. years since, determined that there shall be no But force -has been used.to win back love, more manumission. Thus seeking to perand the end is not yet. Force cannot win petuate the institution of slavery for all back affection; it cannot re-establish love. coming time, and to reduce the whole race Where there is a discordant feeling it must ultimately to that:condition. be removed by conciliation. The unity of But before I proceed directly with my ar-.our people is worth nothing unless we are gument, I wish to reply to some remarks that bound together by the strong ties of interest have just fallen from the gentleman (Mr. -and affection. Henkl]e) who has just preceded me. Before Now, sir, the theory and doctrine here is this, however, I desire to say that I do not that there are people in this State whose in- question that good men have and do hold terests are opposed to the Government, and slaves. Some of the best men I ever knew:who are in favor of the rebellion. In order to. were such, men of the most tender and reremedy that, violent measures.are to be in- fined feelings and the purest Christian characstituted; this properIy is to be wrested from ters-that the spirit of the laws and cirtheir hands in order to win back their love. cumstances by which these men were surNow, sir, it will not have the desired:effect. rounded, in a great measure, necessitated it. If there are such persons, this measure will But I hold now that a man's duty is placed but increase their animosity; it will even in a very different light from what it was for-:make enemies out of friends, and make those merly. "The times of our former ignorance who.are now enemies: still more bitter in their God may have winked at, but now commands enmity. That enmity will not die out with every man to repent." Every. man is now the present generation, nor in the generation called upon to act and to say whether human -to come. It will be handed, down from bondage or freedom shall be the future confather to son for ages. They will drag their dition of the State. And, in my judgment, children to the altar, as was done with Han- it depends upon how gentlemen now take nibal of old, and make them swear by all their positions, how they meet up to the rethe powers above, eternal vengeance and,quirements of the duty of the hour, whether.deadly hate against the people and the power they can longer excuse themselves from that thus robbed them of their rights. guilt. I take my position unhesitatingly on the side of freedom. "The flesh will quiver when the pincers tear; The gentleman who has just preceded me The blood will follow where the knife is seems to have great fears about. the elevation driven." of the negro if this measure should prevail. Mr. DANIEL. Mr. President: The impor- It seems to be a spectre continually haunting tance of the subject now under consideration him and others on that side of the house. cannot be well over-estimated. I. am aware Yet in another part of his speech he speaks that the change. proposed will affect seriously of their being such a degraded, idle and the' habits and customs of social life. That mischievous class of beings, even under the it will cancel the title to what has been here- best circumstances, when free, that one can.tofore a -large amount of property, and not well see how he can have any just fears has always been recognized and protected by about their elevation. the Constitution and laws. of the State and Much has also been said by him and others nation as such.. of his views, about the Southern counties I admit, therefore, there is some force in aiding so materially in constructing works the arguments of gentlemen on the other of internal improvement, which has made'side who speak of this protection,, and of the Baltimore almost all that she is. In reply I:inducements that may have been held. out to may say, first, that in helping to build up them to invest therein. But when gentlemen. Baltimore they have only been building up a insist so strongly upon the fact that because great market for their tobacco and other proby the laws of the State this property has ducts.. When, therefore, due consideration been so carefully guarded and sensitively is given to this, and an account is taken of what these counties have received back fiom Mr. DANIEL Well, I will leave that matthe State on account of the school fund and ter to be decided byh history. otherwise, I judge the balance will not be A great deal has been said here about the very'large against the State or the western disproportionate number of mulattoesin the portion of it. I understand, moreover, that North. I have one or two remarks to make some of these counties:repudiated, or were in reference to that subject, simply in passing. forced to pay their taxes for these works.. I Now, I have only to say that it does not foldo not say this in any spirit of unkindness, low that all the mulattoes in the North are bult merely state it as a fact which history born there. There is another reason for the will justify. great number there, and that is that the muMr. BILLNGSLEY. I am one of those gen- lattoes being brighter or smarter than others tlemen who made the assertion that but for of their class, have found their way to the the influence of the delegates from St. Mary's land of freedom. However, I will not allude and Charles counties, your works of'internal further to that subject now. iAnprovenrent never would have been consum- The gentleman says the people of Maryland mated; and'I stated'further that we had have undergone no change of opinions.'I cheerfully paid our taxes, and I'speak now do not know that they have so much underfor my county, when I'say that no coercion gone a change in this respect, as that a great has ever been used there in order to'compel change has been undergone in the State in the people to pay their taxes. now being allowed to utter their sentiments Mr. CuAMBERS. And I am aware of no on this subject. Doubtless, too, we have all such thing on the Eastern Shore. undergone great changes. For, as my: friend Mr. DANIEL. Not in your county. and colleague (Mr. Stirling) said the other'Mr. DENNIS. And I. hope the gentleman day, great truths are flashed outfromthe great will except Somerset county. agitations and upheavings of revolutions. Mr. EDELEN. And I hope the gentleman In reply to the remark so often pressed, means no allusion to the county which I have that no State has heretofore ever manumitted the honor in part to represent. without compensating, I would say that no'Mr. DANIEL.'I do not recollect the precise State has heretofore manumitted in the midst counties. There is one on the Eastern Shore, of civil war. Yet' so far-from opposing comwhich one I do not recollect; and some on'pensation by the General Government, I dethe:Western Shore, I believe; Calvert county, cidedly favor it to all:those who canlshow a I' think, was one. clean record, but fear some gentlemen will'Mr. BERRY,' of Prince George's. I will fail if their votes here be'any criterion state one fact. Allegany county for one has to show such record. never paid that tax, and we had a discussion I am for emancipation.; First, because here last year to release her from the:tax. I believe'that slavery is a great moral Mr. BRISCOE. I hardly know what the gen- evil, -condemned alike by the spirit of'tleman means by coercion. christianity, the teachings of the Bible, and Mr. DANIEL. I do not mean coercion by the civilization of the age. I know-that the the law; but the Governor had to go down -assertion of these views subjects one-to the there and use some pretty strong language. charge of a fanatic, but I am not to be.deMr. BRIScoE. There is no county in terred by any such epithets. It is the moral the State that has been more'faithful and and:religious view that has operated most prompt in paying its dues into the treasury powerfully upon my own mind. I shall of the State of Maryland. I deny-that there leave the material or -economic views of has ever been any coercion used on the part the- question to be discussed by others, of the government towards my county. Can they-being the most popular ones, and having the gentleman say as much about his own been already-so fully discussed throughout county paying taxes? I beg the gentlemen's the State in the recent campaigns. pardon; but I believe he was formerly from I know that the Scriptures,_ both of the Somerset. Old and New Testament, have been forced Mr. DENNIs. I believe that the'only -part into this discussion: to:prove that slavery was of our taxes in Somerset which have not a divine institution. I deny:that the Bible -been paid, occurred while my friend was re- proves any such thing. siding in that county. I admit that slavery in some form has exMr.' DANIEL. And:I believe he was State's isted under every Bible dispensation. But I Attorney at that time. insist that the system under the ipatriarchs, Mr. DAVIS, of Charles. Charles- county the Jewish system,'as well as under the prohas always been among the first and foremost phets, was'very different'from American in paying her taxes. slavery.. The PRESI)ENT. The Comptroller does not Servants under the Jewish'dispensation know who are in fault on this subject.- He were treated very much as children or: memonly knows that there are taxes still due, and bers' of the family. They. were. admitted hopes that all the counties will -be prompt in alike to covenant rites. They were allowed paying them. to attend on the three great feasts of: the 632 Passover, Pentecost and Tabernacles. They " made of one blood all nations to dwell upon where rnot alowed to be sold out of the coun- the face of the earth! " It teaches me also try, nor was a fugitive permitted to be re- He is no respecter of persons; that He died to turned. The famrily, marriage and other re- redeem all. It also enjoins upon me to love lations were all sacredly p eserved. Every my neighbor as myself; and that whatsoever seventh 5-ear freedom wtas proclaimled to all I would have men to do unto me that I should the natives, and every fiftieth year to the do unto themn. whole land. It is estimated that out of the I ask gentlemen now to compare slavery as fifty years, at least twenty-three years was it exists even in its best forms, here or in the at the absolute disposal of the servant. South, with the condition of society, such Mr. CHXAMBERS. Do I understand the gen- precepts must soon bring about if carried out tleman to assert that all the Jewish slaves, fully in their spirit and letter. Surely slavery went out under the Jewish system? i could not stand a day. It would be found to Mr. DANIEL. I say that every fiftieth year be wholly inconsistent therewith. there was a year of jubilee, when liberty What is slavery? It is, sir, that instituwas proclaimed throughout all the land unto tion that ignores the marriage relation, the all the inhabitants thereof. relation of parent and child, as in neither Mr. CHAMBERS. I say, on the contrary, case does it admit or allow the rights or conthat the express language of the Bible is that trol of husband or father. It forbids the servants remained torever. slave to be taught to read and write. It does Mr. DANIEa. I think, if my recollection is not allow him to enjoy any religious priviright, that Mr. Barnes and other cummenta- leges, not even that of the Holy Sabbath, extors substantiate the position from t'xts of the cept by the will of his master. He may be Bible that the Jews went out free the seventh sold away from all those nearest and dearest year, and that in the year of jubilee, the to him without a moment's warning, and fiftieth year, the heathen and all went free. without a single fault. Hle is regarded as a I think that was the distinction. mere chattel in the eye of the law, the master Under such a system, American slavery exercising supreme control over body'and would soon die out. mind. Ile is not allowed to give testimony Such features as peculiarly distinguish where any white man is concerned, though American slavery were loudly denounced by that white man may inflict the most cruel torthe prophet Jeremiah and others. ture upon him, or even murder another in his Slavery in the Roman Empire was perhaps presence. In the latter case the murderer goes equally oppressive, and, in some respects, scott free, though the proof be ever so posimore than that that exists amongst us. The tive and conclusive. I say that such laws are Apostles found slavery already in existence, a disgrace to our statute books, and a crying and so deeply rooted and entwined in all the shame upon the fair fame of the State. These features of society that they did not attempt colored people cannot assemble together for a to interfere with it. It would have been religious meeting even, by the laws of the fdly for them to have done so, and would State, unless attended by a white person or have very much retarded the very object persons. They are not allowed to keep a dog they had so much at heart. or gun, or to go from plantation to plantation They contented themselves, therefore, by' by night, unless subjecting themselves to the laying down rules for the government of both lash of the patroller. In the words of Chief master and slave, strict obedience to which Justice Taney "I they have no rights under would soon destroy all slavery, and under the such laws that the white man is bound to reeffect of the very Christianity which they were spect."' And these cruel enactments have instrumental in establishing, slavery did al- been multiplying until the patience of the most cease to exist in this great empire. people will tolerate them no longer. There is no proof that Christ himself ever Look now upon this picture, and tell me if came'in contact with slavery. But if he did, this accords with the spirit and teachings of his object, like that of his Apostles, more Christ and his Apostles as illustrated throughespecially, was to save not to conquer by the out his word? sword, and to save, too, by the establishment Such' a construction was not, moreover, of great principles which would go to the given to Bible teachings by the churches in very root of the evil. days gone bye.: The Methodist church, for Nor can it be argued because they did not instance, of which I am an humble member, at once destroy, that they thereby meant to has been asking through its discipline ever sanction any more'than they, because they since I could recollect and long before, " what did not subvert the reign of the cruel Nero, shall we do to extirpate the great evil of or put an end to the wicked games and other slavery?' And I can very well recollect when vices then prevalent, they therefore approved. men were turned out of the church for buying Polygamy, concubinage and arbitrary force and selling human beings for gain, but it has might be justified for the same reasons. not been so in these latter days. The PresNow, I learn from the Bible the great broth- byterian church from a remote period has erhood of man. It teaches me that God uttered her strong and uncompromising con 633 demnation of the evil. And at one of her in the wicked attempt to establish by force of late assemblies this very forcible language arms a tyranny under the name of republic, was used: whose'corner-stone' shall be the perpetual " In view, therefore, of its former testimo- bondage of the African, it challenges their nies upon the subject, the General Assembly indignant reprobation." does hereby devoutly express its gratitude to This document is headed by Alonzo Potter, Almighty God for the great deliverance he D. D., LL. D., the Bishop of that State. has prepared for our country from the evil I know the Southern clergy have appealed and guilt of slavery; its cordial approbation to Europe in behalf of this institution as a of the measures taken by the National and divine one, and to enlist their sympathies, State authorities for its extirpation as the root but so far from finding any real'sympathy on of bitterness from which has sprung rebellion, that side of the water, a communication therewar and bloodshed, and the long list of hor- from couched -in -the strongest language of rors that follow in their train; this prolific rebrobation, and signed by 4,000 English and source of evil and harm will be speedily fol- French clergymen, was sent to this country lowed by the blessings of our Heavenly by representatives of their own body, exFather, the return of peace, union and frater- pressing their entire sympathy with the govnity and abouniding prosperity to the whole ernment in this struggle. What else could we land; and recommend to all in our commu- expect from the land of John Wesley, of nion to labor honestly, earnestly and unwea- Clarkson and Wilberforce? riedly in their respective spheres for this glo- There is, however, one system of slavery rious consummation, to which human justice, we read of in the Bible having many feet Christian love, national peace and prosperity, tures in common with American slavery. I every earthly and every religious interest mean the enslavement of the Hebrews by combine to pledge them." Pharoah. It was similar in its origin, having Similar views have been and are entertained been commenced by the surreptitious taking by the Baptists, Lutherans, New School Pres- of Joseph by his brethren and selling him into byterians, and almost every other Christian a foreign land. The labor was also alike denomination, as I now recollect. The Cath- oppressive and unrequited. There is, also a olic church from a remote period has borne strong resemblance in the wonderful increase its unqualified testimony against'; whilst the of slaves in the slave States, above their Quakers, or Friends, have been more consis- brethren in the free States, and the wonderful tent than they all, in having first rid them- increase of these Israelites under their Egypselves of the evil, and then in their bold, out- tian bondage. So great was it in the latter spoken and continued hostility thereto, even case, that Pharoah became so much alarmed from the time of Fox. It is true that the that he ordered all -the males among them to Episcopal church, as a church, has held rather be slain. There are also other points of simialoof from the subject until within a few years larity. And as God heard their cries and past. But now she too has come up boldly groans' and prayers; and in due time brought and taken her stand side by side with her them out, in his wrath, with "a high hand sister churches. I hold in my hand the-in- and an outstretched arm," so I believe He is dignant protest ofa large number of the clergy about to deliver this people of the African of Pennsylvania to the defence of slavery as a race, who for these long many years have divine institution by Bishop Hopkins. been crying to Him by day and by night, and Mr. CHAMBERS. Only seventy. to purify this nation, even though it may reMvr.'DANIEL. That is a very fair number quire years more of this frightful sacrifice of for one State. blood and treasure. It is in these words: The opinions of the founders of the Re-'The subscribers deeply regretting the fact public were alike averse to the institution of of the extensive circulation through this dio- slavery. Jefferson says in reference to the cese of a letter' by John Henry Hopkins, of slave-tradethe Diocese of Vermont, in defence of South- "The abolition of domestic slavery is the ern slavery, compels them to make this public great object of desire in those colonies, where protest. It is not their province to mix in it was, unhappily, introduced in their infant any political canvass. But as ministers of state. But previous to the enfranchisement Christ, in the Protestant Episcopal Church, it of the slaves we have, it is necessary to exbecomes them to deny complicity or sympathy dlude all further importations from Africa. with such defence. Yet our repeated attempts to effect this by "This attempt, not only to apologize for prohibitions, by imposing duties which might slavery in the-abstract, but to advocate it as amount to a prohibition, have been hitherto it exists in the cotton States, and in the States defeated by his NMajesty's negative; thus prewhich sell men and women in the open market ferring the immediate advantage of a few as their staple product, is, in their judgment, British corsairs to the lasting interest of the unworthy of any servant of Jesus Christ. As American States, and to the rights of human an effort to sustain, on Bible principles, the nature, deeply wounded by'this infamous States in rebellion against'the government, practice.'-Jefferson's Works, vol. 1, p. 135. 41 634 Again, it is well known that some passages and others to the same import did time. in, the original dratt of the Declaration of In- permit. dependence by Mr. Jefferson were omitted by The very framers of our Constitution were Congress. The following is one that shows careful to exclude the word slave from that his hostile feelings on this subject: instrument, for the very purpose of avoiding "He has waged cruel war against human the recognition of property in: man. This we nature itself,'violating its most sacred rights learn from the debates of that time. In one of life and liberty in the persons of a distant place they speak of "' persons held to service people who never offended him; captivating or labor," and again when speaking of the and carrying: them into slavery in another basis of representation, after enumerating the hemisphere, or. to incur miserable death in number of whites, they Speak of "' three-fifths their transpoytation thither. This piratical of all otherpersons."' warfare, the opp!robrium of infidel powers, is But gentlemen seem to have great fears of the warfare of the Christian King of Great being overrun by this class of people. They Britain. Determined to keep open a market speak of them as wicked, indolen t and worthwhere men, should be bought and sold, he I less when freed. I ask them, has not this has prostituted his negative for suppressing state of degradation to the extent in which every legislative attempt to prohibit or re- it exists, been produced in a great measure strain this execrable commerce."'-Jefferson's by the oi;pressive system of laws which we Works, vol. pp. 23, 24. have enacted for them? I tell them I believe I might cite numerous quotations from they will work when they know they are to General Washington, General Lafayette and receive the rewards of their own labor, and others, but my friend from Cecil (Mr. Scott) that we shall have need for all their labor and who has preceded me, has saved me this ne- more,. And so far from being overrun, I becessity. I will simply quote one paragraph lieve there will be rather a drain upon Maryfrom a letter on the subject friom General land if the whole Southerlncountry shall be Washington to Robert Morris, 12th April, opened up to freedom, as I believe, in the 1786, in these words: Providence of God, it will. Climate and " I hope it will not be conceived from these other natural advantages will draw them observations that it is my wish to hold the thither. unhappy people, who are the subject of this But the best reply I can make to the objecletter, in slavery. I can only say that there tion is, the report of Senator Pearce, now is not a man living who wishes more sincerely no more and whom we all respect, to a slavethan I do to see some plan adopted for the holders' convention, the object of which was abolition of it, but there is only one proper to enslave all the free negroes or drive them and effectual mode by which this can be ac- out of the State. This was at the time, too complished, and that is: by legislative au- when slavery was atits zenith. He uses these thority; and as far as my suffrage will go it words: shall never be wanting. -Spacrks's Wash'-'The existence of so large a portion of ington, vol. 9, p. 159. free blacks in a slaveholding State is believed In 1786 Mr. Jefferson, whilst in France, to be of itself an evil, and this evil is readily said to M. Dbmeunier, in a written commu- perceived to be greater when it is considered nication, amongst other things touching the that a portion of them are idle, vicious and question of emaUcipation in Americ'p: unproductive. This, however, is-not. the case "But we must waitf with patience the with the majority f them, and their removal workings of an overruling Providence, and would, as the committee believe, be ftar greater hope that that is preparing the deliverance than all the evils the people of Miaryland ever of these our suffering brethren. When the suffered from them. In the city of Baltimore measure of their tears shall be full; when it is estimated that thereare more than twentytheir groans shall have involved heaven it- five thousand of them employed chiefly as self in darkness-doubtless a Godoofjustice dom stic servants or laborers in various dewill awaken to their distress, and by diffusing partments of industry, In many of the rural light and liberality among their oppressors, districts of the State where labor is by no or, at length by his exterminating thunder, means abundant, they furnish a large supply manifest his attention to the things of this of agriculiural labor, and it is unquestionable world, and that they are not left to the guid- that quite a large portion of our soil could ance of a blind fatality."-Jefferson's Works, not be tilled without their aid." vol. 9, pp. 27-8, 279. He pursues this strain still further, and How wonderfully prophetic these latter closes the report as follows: words seem when we consider the agony, the " The committee therefore cannot recomblood and suffering through which we are mend their expulsion from the State, still now passing. Ts not God by his extermi- more unwilling should they be to favor any nating thunder showing us that " vengeance measure which looked to their being deprived is His and He will repay." of the right:to freedom, which they have acI might quote from Luther Martin and quired by the indulgence ofour laws, and the Pinckney, of Maryland, Mason, of Virginia. tenderness of their masters, whether wise or 635 unwise, or which they have inherited: as a are happy and. satisfied. They give thembirthright." selves to labor. They have ameliorated their We have heard a great deal also about the manner of living, and increased their comnatural inferiority of this race. On this point fort, and while crimes have diminished, moral I beg leave to quote the words of Jefferson habits have been better. The number of again: marriages has increased, and, under the in"The opinion that they are inferior," says fluence of the ministers of religion, instruche, " in the faculties of reason and imagina- tion has: heen diffused. Such are the results tion must be hazarded with great diffidence. of emancipation; its success has been comTo justify a general conclusion, requires plete, as to the principal end of the measure." many observations, even where the subject "The salient facts which appear from all may be submitted to the anatomical knile, to inquiries are these: complete tranquillity, no optical glasses, to analysis by fire or solvents. vengeance, no tumult, no incendiarism, no Bow much more, then, where it is a faculty, civil war, a prodigious number of marriages, not a substance, we are examining; where schools and churches filled to overflowing. it eludes the research of all the senses; where Lastly, a growing love of prosperity."the conditions of its existence are various and Cochin on Results of Emancipation, pp. 333, variously conibined; where the effects of 334. those which are present or absent bid defiance In reference to the French Colonies, the to calculation; let me.add, too, as-a circum- author says, page 304: stance of great tenderness, when our conclu- "But after all, under this climate which sion would degrade a whole raceof-men from enervates the whites, after essaying all the the rank in the scale of beings which their races, one after another, to replace the negro Creator may perhaps have given them."'- race, we are forced to return again to the latJefferson's Works, vol. 8, p. 386. ter. We find none more vigorous or subAgain he says in alluding to the same sub- missive, more capable of devotion, more acject.years afterwards: cessible to Christianity, more happy to escape "''But whatever may be their degree of its native degradation. This race of men, talent, it is no measure of their rights. Be- like all their human species, is divided into cause Sir Isaac Newton was superior to two classes-the diligent and the idle. Freeothers in understanding, he was not, there- dom has nothing to do with the second, whilst fore, lord of the person or property of other's. it draws from the labor of the first a better On this subject they are gaining daily in.the yield than servitude." opinions of nations, and hopeful advances The same is the testimony in reference to are making towards their re-establishment on the Swedish, Dutch, and other Colonies. an equal footing with. the other colors of the I therefore place these authorities in oppohuman race. I pray. you, therefore.to ac- sition to those cited by the gentleman on the cept my thanks for the many instances you other side. have enabled me to observe of respectable in- But, Mr. President, these negroes have actelligence in that race of men, which cannot quired additional claims to freedom, in that fail to have effct. in hastening the day of they have enlisted under the old flag, the bantheir relief."-Jefferson's lWorks, vol. 5,p. 429. ner of freedom, and have fought with a will Much has also been said in reference to the and determination unsurpassed to preserve evils that followed emancipation in the West the very government which Southern masters India Islands. Mr. Cochin, a French writer have been fighting to destroy. You can of great eminence, and who had studied this never reduce to bondage, again men who have subject very thoroughly-a man, too, of for- thus shown themselves so worthy of freedom. tune and without any political ambition, im- They have followed this flag even at the cost partial, in his work on the Results of Eman- of much physical sacrifice and suffering. But cipation, and for which the French Academy the instinct of freedom has been so strong as awarded the first prize of three thousand to cause them to risk all and endure all in francs, says-(quoting from Lord Stanley, prospect of this priceless boon. Their watchSecretary of the Colonies:) word now, as they rush to the deadly as"Upon the whole, the result of the great. sault, is "Fort Pillow," and when once fully experiment of emancipation, attempted upon aroused, they can scarcely be restrained. Nor the collective population of the West Indies, is this any new development, for in the days. has surpassed the most lively hopes of even of the. revolution, and subsequently, they. the warmest friends of colonial prosperity. fought side by side with the bravest white Not onrly has the material prosperity of each soldiers-at Bunker Hill, and at New Orleans, of the islands greatly increased, but what is with General Jackson. still better, there has been progress in indus- But I sustain this article the more cheettrious habits, improvement in the social and fully because I; believe emancipation is the religious.system, and development among in- only true road to peace. If a truce was de dividuals ot those qualities of the heart and clared to-morrow, the moral sense of tie mind, which are more necessary to happiness North would never enforce a fugitive slave than the material objects of life. The negroes law again. Nor would the case bebetterea, 636 if a division should take place. Continual cipation throughout its American Colonies. civil war must therefore ensue, unless slavery Already the prospect of it here has prevented shall be entirely wiped out. That it is the foreign intervention, the aristocracy of Engcause of this great rebellion, I most sincerely land and France both greatly desiring our believe. This may be clearly seen from the destruction, but when freedom was proclaimspeeches and extracts of Southern orators, ed to be one of the objects of the war henceand from Soutbern papers. forth, (all other means having failed,) we Mr. Stephens speaks of it as the very struck a sympathetic cord in the breasts of corner-stone7' of their edifice. the masses of our trans-Atlantic brethren, Preston Brooks, before his constituents, who then rose up and said to their leaders, in justification of his attempt to assassinate hitherto shall thou go and no further. And Charles Sumner, said: "' The issue is upon soon a mighty reaction took place. us, how can we sustain, perpetuate and ex- In conclusion, I sincerely believe Maryland tend slavery? The only way to meet this will start forth upon a new career of prosissue is, just to tear the Constitution to shreds, perity and glory from the inauguration of trample it under our feet, and form a South- this measure. I give it most cheerfully my ern Confederacy, every State of which shall heart and my humble efforts, because I bebe a slaveholding State. Our only hope in lieve it is imperatively demanded by the the support of slavery is in the destruction of eternal principles of justice and right to a the Federal Government. I would not have long, much injured and oppressed people. I an officer in our new Confederacy who would feel it' to be one of the proudest days of my not swear that slavery is right. Let the life, that whilst acknowledging that humility slaveholders of the South rise above the Con- and deep self-abasement becometh us as a State stitution and laws, take the power into their and people, to be able to give a helping hand own hands and lay their strong arm upon the to the removal of this great incubus and treasury and archives of the Federal Govern- curse. I rejoice at the prospect that the day ment." is at hand when every man henceforth that Alexander H. Stephens, in March, 1854, inhabits or treads Maryland's soil, can stand said of the North in the House of Representa- erect in God's bright sunlight and say, I anz tives, in a debate in regard to Kansas: " Well, a freeman. gentlemen, you make a good deal of clamor Mr. DENNIS. If the people of this State, as over this Kansas affair, but it don't alarm us. has been asserted, are dissatisfied with the You have often threatened but you have never progress this Convention is making in formpesformed. You always caved in, and you ing a new Constitution, the spirit of Theowill do so again. We hcave got you in our dore Parker or Lucy Stone, Lloyd Garrison, power. You must submnit to the yoke. Don't "et id omne genus," can at least rejoice at be so imvpatient as to conmplain: youe will only the progress of the peculiar notions, for be slapped in the face. Don't resist: you. will really their disciples ate making rapid proonly be lashed into obedience." gress in this Convention. The institution of Rev. Mr. Prentiss, in a sermon preached slavery which has existed in this State for at St. Peter's Church, Charleston, S. C., Dec., more than three-quarters of a century under 1860, said: "The United States Government the Constitution and laws of the land, and is about to be destroyed and another is to be which fourteen years ago was declared by the built upon its ruins. That slavery isa Chris- unanimous voice of the Convention then astian institution ind the slave trade a Chris- sembled to make a new Constitution, should tian duty, is the one idea that underlies our continue unchanged, not only finds opposecession and revolutionary movement, and nents here to-day, but we have heard anthe sooner the whole people, North and South, nounced and advocated, in all their length understand this fact, the better for us all. No- and breadth, the doctrines of "' the higher compromise, no adjustment will satisfy the law," theat slavery is " the covenant with South which does not secure absolute protec- death and league with hell," and this with tion and permanence to slavery and the slave an air and manner of earnest sincerity, trade, and permit its unlimited expansion." amongst others, by the gentleman from These Southern leaders had therefore deter- Baltimore (Mr. Daniel) who, a few years ago, mined that slavery must rule, and that they if not actually a slaveholder, certainly put would "rather rule in hell than serve in them upon the block and exposed them for heaven.". sale and sold them. And this day, "' as a But I thank God that I believe a brighter Christian man," his conscience is so troubled day is dawning upon the nation and State — he cannot even tolerate " the institution" in the day of freedom and redemption. And the State. And he thanks God " that he has freedom is indeed advancing throughout the lived to give his vote to abolish it." civilized world. Since this cruel war has Mr. DANIEL. I sold them as trustee, and been raging here, the Czar of Russia has libe- I do not recollect that one of them ever went rated 23,000,000 of serfs the good effects of out of the county. which are already visible. And on the 8th Mr. DENNIS. He sold them'4to the high-.of August, 1862, Holland' proclaimed eman-a est and-best bidder"-true, he sold. them as 637 trustee, as his duty called on him t6 do. as a by such paltry threats, in the language of the member of the bar, but his "moral sense" immortal Reed, whom, in the days of the to-day so wonderfully acute, did not then re- Revolution, the British emissary attempted to volt at the performance of such a duty. bribe, " I am poor, very poor; but poor as Sir, men's perceptions of right and wrong I am, the King of England cannot bribe are much more acute to-day than they were me." but a few years ago. Their moral percep- The gentleman says "that the President's tions are clearer and their senses are preter.. proclamation failed to have its effect " The naturally bright. I will nrot say that " am answer to that may be given in the words of shocked," but I will say that "I 1 am aston- the President himself. when he said " he had ished at the principles expressed." In the very little influence with this administration." great, new-born anti-slavery zeal of the gen- I believe that is true. Who, but the veriest tleman from Baltimore (Mr. Daniel, ) whose dolt, ever believed that anything but aboliconscience " as a Christian " is so sorely tion was the end, aim, and purpose of this troubled because of the existence of slavery, administration? It may be.that in the behe has not only denounced'the institution of ginning of this unhappy controversy the Presslavery in most unmeasured terms, but has ident never contemplated or comprehended actually exalted those of the negroes who are the results of his measures. He may have in the army above the great mass of the white meant what he said in his proclamation. But soldiers. Surely the gentleman did not well " there is a power behind the throne, greater consider what he was saving. Surely.he did than the throne itself," and the President not consider the import of the words he was has indeed " very little influence with this uttering Surely he did not mean what he administration." If not at first upon the said, when quoting the declarations of two platform of emancipation he has been placed returned soldiers, he said " the negro troops upon it, and if he had the disposition, he is were among the very best of Grant's army," powerless to resist. And it seemed to be with a sense of gratified Amongst other reasons the gentleman now glorification that he made the announcement. urges in favor of emancipation in this State Now, sir, can this be so? Is it true that the is, that no negro can be a witness in any case negro troops are " among the very best in where a white is a party, and he denounces Grant's army?'.' that law as " hard, grievous, oppressive, inMr. DANIEL, (in his seat.) No, sir. tolerable, and unjust in its character;" and Mr. DENNIS. Then why did the gentleman has declared that for this reason alone, " he so state? I believe that the great mass of would blot out this institution of slavery." the people who have gone forth grasping the The gentleman has more than once been a banner of their country, are prompted by member of the legislature, and if he ever made good motives. I believe that they are im- an effort to alter that law, I am ignorant of perilling their lives and liberties to maintain, it; and does not the gentleman know that as they believe, the Union. Whether such until the past winter any person was incoman end is likely to be the result of their ef- petent to testify in a suit if interested to the forts is another question; but such I believe extent of onecent? And is not this law quite to be the motive that prompts the great ma- as grievous as the one excluding the negro? jority. And yet the gentleman stands up in That received not a word of condemnation, this Hall and tells us that these men, thus but the negro's case is quite sufficient cause leaving homes, wives, children, family, friends ifor " blotting out the institution of slavery." and all that constitutes home, and going forth Hesays that' it has never been taxed like to brave death in a hundred forms in the other property;" "that it has been a favored defence of their country, are inferior and institution," &c. If the owners of slaves are poorer soldiers than these negro troops. I paid the sum at which they have been taxed leave the statement for the consideration of for said slaves, I venture to say there will be the country. no complaint upon that score. In the brief reply I shall make to the gen- But he says that " he is a member of the tleman, I shall reverse the course of his argu- Methodist church, and that after all the great ment, and first reply to his last argument. objection to slavery is its moral aspect," &c. We, the minority of this Convention, who That " we must do unto others as we would oppose his views, are very gravely and con- that they should do unto us;" "' that in the siderately informed by the gentleman that times of ignorance God winked atit, but now " we stand some risk of not getting any com- he commands all men to repent," &c. pensation for our negroes," &c. Now, sir, And the gentleman then says that there the negroes may go. If the government was no slavery beyond the year of jubilee, chooses to take my negroes it can do so. 1 under the Jewish dispensation, &c. Now, cannot help it. Government has the power. sir, I have never been a'member of the MethIf it can make anything out of them, be itso. odist church, but I will read for the benefitof But I tell that gentlemnan, and every other the gentleman from Baltimore city (Mr. Dangentleman who entertains his notions, and iel) these words, from Leviticus, chapter 25, who thinks that our course is to be influenced verse 39 to 46, inclusive: :638 "39. And if thy brother that dwelleth by in New -ork, in New England and in Old thee be waxen poor, and be sold unto thee; England. substantially, just as much as it exthou shalt not compel him to serve as a bond- ists in the Southern States. Call it by what servant: name you may, but in the over-crowded " 40. But as an hired servant, and as a so- workshops and manufactories of the North journer he shall be with thee, and shall serve and of England, the wretched, miserable thee unto the year of jubilee: operatives are bound, body and soul, as they 41. And -then shall be depart from thee, toil and struggle for the bare sustenance of with he and his children with him, and shall life, just as strongly to a master as the slaves return unto his own family, and unto the of the South. The only substantial differpossession of his fathers shall he return. ence is, that the one class can change their "42. For they are my servants which I employers, and the other cannot. We all brought forth out of the land of Egypt; they know what is the condition of Southern shall not be sold as bondmen. slavery, and I assert, without a fear of suc" 43. Thou shalt not rule over him with cessful contradiction, that the whole earth rigor, but shalt fear thy God. does not show a community of laborers bet"44. But thy bondmen and thy bondmaids, ter fed, better clothed, better cared for, or which thou shalt have, shall be of the heathen better contented with their condition, more that are round about you; of them shall ye free from care, more joyous and more happy, buy bondrnen and bondmaids. than the negroes of the South. At least such "45 Moreover of the children of the was the case before theinflux of abolitionists. strangers that do sojourn among you, of them Now, let us see what a distinguished writer shall ye buy, and of their families that are has said of the factory operatives and laborwith you, which they begat in your land: ing poor of England, and their condition is and they shall be your possession. at least quite as tolerable as that of the like "46. And ye shall take them as an in- classes in Puritanical New England. Joseph heritance for your children after you, to in- Kay, in his work on the social condition of herit them for a possession, they shall be your the people of England, says: "I speakl it bondmen forever: but even your brethren,the with sorrow and with shame, but with not children of Israel, ye shall not rule one over the less confidence, that our peasantry are another with rigor." more ignorant, more demoralized, less capable There were two classes of servants under of helping themselves and more pauperized, the Jewish dispensation, those who were to than those of any country in Europe, if we serve for a term of years, and to go out " in except Russia, Turkey, South Italy, and some the year of Jubilee "-the other class, the parts of the Austrian Empire. The laborer bondmen and bondmaids, who were the chil- has no longer any connection with the land dren of strangers, "to be an inheritance, he cultivates, he has no stake in the country, a possession and bondmenforever." Thus it he has nothing to lose, nothing to defend, will be seen, sir, that the gentleman is as faulty and nothing to hope for. His position is one in his Biblical reading as in some of his no- of hopeless and irremediable dependence. tions. The workhouse stands near him, pointing out Now, sir, as regards the moral aspect of his dismal fate, if he falls one step lower. this question, I will not detain the Conven- In the civilized w6rld there are fewer sadder tion. Those who have no staves need give spectacles than the present contrast in Great themselves no trouble as to the morality of it. Britain, of unbounded wealth and luxury, If there be sin in it, that sin does not rest on with the starvation of thousands and tens of them. Any person who will take the Bible thousands, crowded into cellars and dens, and read it, and read the commentators, must, without ventilation or light, compared with it seems to me, have no difficulty as to the which the wigwam of the Indian is a palace. morality and right to hold slaves. If it be Misery, famine, brutal degradation, in the not clearly laid down in the Bible as an ex- neighborhood of stately mansions which ring isting institution, before the coming of the with gayety and dazzle with pomp and unSaviour, and during his stay on earth, and bounded profusion, shock us as no other the duty of both slave and master alike de- wretchedness does." fined and regulated, then I do not understand Of the pauperism, he says: " Large and the import of language. It has existed in all ever-increasing hordes of vagrants or wandertimes and among all people, in some form or ing beggars infest all the highways of England other, even in the days of the occupancy of the and Wales. These poor wretches are misergarden of Eden, in a modified form, ever since ably clothed, filthily dirty, covered with verthe morning stars first sang together, for do- min, and generally very much diseased. minion was given to the husband and the In some of the towns the degradation is wife was made subject to his rule. Of course, such, that parents often cause the death of sir, that was not the slavery of the present their children in order to obtain the premiums day-but I use it merely to sbow the subjec- from the societies " He says their lodging tion of the one class to the other. And, sir, apartments are generally cellars, ten or twelve it exists to-day, in Boston, in Massachusetts, feet square, with frequently no window, the 639 bare earth for the floor, and less than six feet here, so long as it was profitable to keep in height, and " it is no uncommon thing for them, and when greater profit could be realtwo and three, and sometimes for four faml- ized by a sale of them, then they sold them lies, to live and sleep together in one of these to the South, and now have the money thus rooms, without any division or separation obtained invested in barfks, ships and manuwhatever for the different families or sexes. factories, all engaged in the acquisition of There are very few cellars where at least two greater gain, by working up and transporting families do not herd together in this manner." the cotton, tobacco and rice, and other products And on these miserable sleeping places, the ofslave labor, and whilst their pious souls are father, mother, sons and daughters crowd to- thus engaged at home, they are intent upon gether in a state of filthy indecency, and stealing our negroes that they have sold to us. much worse off than the horses in an ordinary And notwithstanding their hatred of slavery stable. and slaveholders, did anybody ever hear of a But, sir. enough of this sickening scene. Northern manufacturer refusing to sell goods Let him who is disposed to pour out such to the South, or of a refusal to secure a debt floods of tears over the condition of the negro by taking a mortgage upon slaves, or of the slave of the South, read the book of Mr. Kay, loss of a debt by an unwillingness to foreand then honestly compare his condition with close said mortgage. No, sir; it is an abthat described by our author. surdity to talk about such a thing. The Sir, the consideration at last, that deter- Yankee north and the Yankee here, is for the mines and will ever determine the question of abolition of slavery, when he has no slave of the existence of slavery, is the consideration his own to lose, and when it becomes his inof interest. If you show me a people whose terest to do so. interest it is to have slavery, I will show you It is a dangerous experiment at all times a people that maintains slavery, and will to change a well established, well understood maintain it so long as that interest exists- order of things. All sudden convulsions are and the reverse is also true. You may talk dangerous and are to be dreaded. I know about "moral riohts," "letting the bond- that the gentleman from Baltimore (Mr. man go free," "to do unto others as you Stirling,) in the discussion of another subject, would that they should do unto you," "the a few days ago, said that it is in great conyear of jubilee," &c., &c., but the question, vulsions that the spirit of liberty springs forat last, is the question of interest. If you ward, and that great results ensue from these cannot get labor cheaper than in the form of sudden:emergencies. But I say that in all slavery, you will have slavery; and if it is the violent convulsions that have shaken nacheaper and more profitable to sell the slaves tions, although liberty may have survived and pocket the money, and hire the labor, and triumphed at last, yet it has been "as it that will be done. were through death," and all experience We have had a practical illustration of that proves that the well-trodden, well-understood in this country. In 1776, every State in the path to which we are accustomed, is the Union-except, perhaps, Massachusetts —was safest and best. The gentleman (Mr. Daniel) slaveholding, but finding it more profitable, says that this Convention speaks the sentiin their cold latitudes, to sell the slaves, ments and the wish of the people of the State. pocket the money, and hire labor, (so that Sir, it does no such thing; it is an idle when one died there was no pecuniary loss to mockery; it is an insult to call the last farce the employer, and if one was sick, he could an election. This Convention does not repbe turned off to get well or die, as the case resent the people of the State, and we have might be,) and they have done so, until had no fair election in this State for the past slavery has moved Southward, and Mason three years. Take away your Federal canand Dixon's line is its Northern boundary. non and armies and military satraps, and let Now, sir, I would like to have some of these the people vote, fully and freely, and if then gentlemen who are so sensitive about the ex- they choose to abolish slavery, I am content, istence of slavery, and whose moral sensibili- for I acknowledge their right to do so. But ties are so exceedingly tender, that it is "a even then you cannot rightfully take private great stumbling block in the way of their propertywithoutcompensation. Totalkabout religion "-I would like to have them explain this Convention being an exponent of the to me, where is the difference in principle be- sentiment of the State, is an insult added to tween holding the thing itself and holding outrage. Why, sir, look at the city of Baltithe equivalent of that thing in money? If more, sending the delegation now sitting in any mortal man can explain the difference in this Convention, by a vote, less than oneprinciple between holding a slave, and selling third of the ordinary, usual average vote, that slave to some one else, and putting the and so in almost every county. Sir, the proceeds of said sale in your pocket, I should wonder is that under the system of bullying, be very glad to hear it. And that is just the and threats, and proclamations, and armed case with the Yankee nation. They kid- interference, the wonder is that any one opnapped or bought the negroes on the African posing the views and wishes of the admniniscoast, they brought them here, kept them tration at Washington, finds a place here. I 640 am justified therefore in saying this Conven- Pennsylvania, per capita,... $487 00 tion does not represent the public sentiment, Virginia, fiee population,.... 661 00 and believing as I do, that this Convention a Virginia, free and slave,......... 4'6 00 few days ago, passed an article, the effect of 3. The two States where the products of which is to make all white men slaves, and the forest form the leading featurethat they are now engaged in what I consider Maine, per capita,.......... $303 00 plain, downright robbery-I am opposed to North Carolina, free,............. 568 00 its action. There is one question, it seems to North Carolina, free and slave, 361 00 me, and but one, that properly enters into 4. The two States having the largest shipthe determination of this question. Will, or ping portswill not the interests of the State be promo- New York, per capita,........ $474 00 ted by the abolition of slavery? And that Louisiana, free,.....................1,683 00 question embraces the advancement of the Louisiana, free and slave,........ 850 00 material interests of the State and her status 5. The two largest manufacturing Statesin reference to this unhappy civil war. Massachusetts, per capita,....... $662 00 I do not believe that her material interests Georgia, free.......................1,091 00 will be best promoted by such abolition, — Georgia, free and slave.... 610 00 Gentlemen may boast of the greater pre- 6. The two States purely agriculturaltended advances in the elements of national Indiana, per capita............... 391 00 power claimed for the free States, of their Mississippi, free,....................1,716 00 many churches, their school houses, their Mississippi, free and slave..... 767 00 thrift-greater population, greater industry, It is observ greater wealth, &c., but sir, I have not seen it. I do not know it to be so, nor do I be- census, that wealth is more diffused and lieve it to be so. One gentleman has told us equalized in the South than in the North. that sailing down the Ohio, a blind man Whilst there are but few of the colossal forcould tell you upon which side was the smil- e such as have been realized in the ing face of freedom and on which the barren North from commerce and manufactures,'yaste of slavery. there is comparatively but little pauperism in Sorme time Rago I had prepared some the South, thus the number of paupers in tables from the census of 1860, and from these Maine and Massachusetts is equal to the en-tables, I think, I can show the Convention tire number in the fifteen slave States. that the prosperity of the slave States is When, therefore, gentlemen tell me of the greater. than that of the free States. greater prosperity of the North, of their The population of the free States, by the thriving villages and prosperous communicensus of 1860 appears to be 19,201,546. ties, and I answer that their assertions are Slave States, flee, 8,290,000 not sustained by the census, are not borne Slave States, slaves, 3,950,000 out by facts, because the census, the official authority, shows it is not so. The gentlemen Valuation of real and perswho have preceded me have gone into an inValuation of real and personal property, 2 ~~~~~~~~1860.;vestigation as to the quantum of crime, pau1F86ree States,........ $9,325,945,000 perism, immorality, vice and all those other Slave States,........ 6,833,671,(000 moral evils that usually afflict the human Wealth per capita of free population- family, with a view of proving that in a Free States........... $485.50 (about,) slaveholdin community they exist in a Slave States....... 824.33 greater degree than in free communities. Wealth per capita of entire population- And the gentleman who preceded me (Mr. And the gentleman who preceded me (Mr. Free States.capita........ $485.50 Daniel) read a report with regard to the islSlave States....... 558.450 ~ ands of the West Indies. I might safely leave Slave States,............... 558.40 But deducting from the wealth of the South the argument upon this branch of the subject the value of the slaves, 1,185 millions-esti- to the very able argument of my friend and mating. them at $300 per head, (which is colleague (Mr. Jones) who spoke yesterday. But let us for a moment glance at the review higher than their assessed value for purposes But let us for a en glance at the review of taxation,) and then rating the slaves with Sa Domingo as given by the E historian Alison.'The following table the free population, and we have per capita, contains table Free States'...... $...... 485.50 contains the comparative wealth, produce Slave States,~~~~~~~~.~~~~~~~~ ~... 461.50 and trade of San Domingo before 1189, and in Let us now make a comparison between 1832 after forty years of nominal freedom:" some of the individual States. 1789 1832 1. The two Western border States, Ohio Population.......... 600,000 280,000 and Kentucky'- Sugar exported.... 672,000,000 lbs. None. Ohio, per capita,................... $510 00 Coffee. 86,789,000 "' 32,000,000 Kentucky, free population,...... 725 00 Ships employed.... 1,680 1 Kentucky, f'rcce and slave......... 576 00 Sailors................ 27,000 167 2. The t\!)o Eastern border States, Penn- Exports to France..~6, 720,000 None. sylvania and Virginia- Imports............ ~9, 890,000 None. 641 I have before referred to the work of Mr. dence of the agricultural poverty of th Kay as showing the condition of the English North, particularly those sections which propoor. I refer those who wish a farther in- duce the most hay, arising from the severity sight into such matters to that writer. of the climate. The South, from its milder St Domingo is a fair illustration of a free climate is not under the necessity of convertblack community. In the course of thirty ing its grasses into hay as winter food for its years left to themselves they have degenerated stock, and raises-without hay-nearly three in every way, and from having been a thrifty, millions more animals than does the North enterprising, productive people, they have with its immense hay crop. become debased, idle and sunken in degrada- The relative population of the free and tion and poverty. My colleague (Mr. Jones) slave States is as 19 to 12, and as the slave yesterday showed' that the policy of manu- States are now increasing their food products mission was abandoned in this State thirty to the exclusion of cotton and tobacco, it years ago unless accompanied by coloniza- will be readily seen that the Northern theory tion, and -why it was so abandoned. That of "starving the rebels" is not likely to be crime and pauperism increased, in a greatly realized. increased ratio, in the Northern States with A comparison of the social statistics of the the increase of the free black population and free and slave States presents some singular it was because of the influence of this condi- results. The effects of the fanatical, relition of facts, resulting from the abolition of gious and political isms of the North may be slavery in the Northern States, that Maryland seen in the returns of the insane and idiotic: thirty years ago discountenanced emancipation. It was to free us from the curse of a Free States. Slave States. large free negro population, and not because Idiotic...............1,160,05 it was "' a favored institution" as charged by the gentleman from Baltimore. I find, sir, The deaf and dumb and blind, afflictions in a newspaper some statistics bearing upo n from natural causes, are more nearly the resources of the North and South re- equalized still, with a Northern preponderspectively, and taken from the census of 1860, ance: which I desire to append to my remarks: Deaf and dum... States Slave States Deaf and dumb... 9,722 5 355 Food Resources of the Free and Slave States, from Blind................ 7,293 5, 342 the Census Returns of 1860. North. South. Crime and pauperism, two very important Horses.......~...... N 4,301,061 2,960,636 elements in estimating the social condition of Mules................... 152,395 1,122,455 a people, have been entirely oinitted in the Milch cows............ 5,244,254 3,419,011 published returns of the census of 1860. The Working oxen....... 1,011,928 1,176,226 returns for 1850 are very full on this subject, Other cattle........... 7,859,430 10 054,676 and may be accepted as the basis for the Sheep................... 15,857,043 7,933,434 present relative numbers: Swine.................. 12,380,130 22,570,561 Number of criminal convictions in the free States for the year 1850..... 23,778 Total live stock.... 46,806,241 49,236,999 In the slave States for the same year.. 2,901 Value of animals Paupers in the free States in 1850.....113,812 slaughtered in Paupers in the slave States in 1850.... 21,160 1860...............$105,670,050 $106,362,005 The six New England States furnish largely Wheat......... bush. 120,715,138 47,460,889 over their proportion in all the above classes, Corn............ 392,756,465 434,938,063 thus: North and South Carolina, Georgia, Peas & beans " 3,105 943 11,993,803 Alabama, Mississippi, and Louisiana, with a population of 5.217,124, have 2,166 insane; Totalbus. grain...516,577,546 494,392,755 while Maine, Vermont, New Hampshire, Rice, pounds.......... 4,139 187,136,034- Massachusetts, Rhode Island, and ConnecIrish potatoes, bush. 98,055,199 11,967,940 ticut, with a population of 3,135,283, have Sweet potatoes " 2,333,697 39,268,053 4,517 insane —or 3 to 1. I believe whenever a nation is left free and Total potatoes...... 100,388,896 51,235,993 untrammeled, it will adopt those institutions Sugar, pounds.... 37,054,314 304,014,254.which will best promote its interest. Such S ons........ 191334 1926685 seems to be the natural instincts of human Molasses, gallons..... 6,191,334 19,26,085 nature. The moral perceptions of the Yankee The product of hay in the free States for community previous to 1808, were not so the year 1860, was 17,215,952 tons, while in much shocked by the existence of slavery the slave States it was but 1,867,554 tons- that they could be induced to throw away the and Northern writers have frequently referred advantages their large commercial interests to this fact with great complacency, assert- derived from the transportation of negroes ing its value to be nearly equal to the cotton across the Atlantic for the purposes of sale, crop of the South, when it is conclusive evi- for it was by Northern votes, against the vote 642 of Virginia and other Southern States, that was a bond of brotherhood seen and felt, that they continued the slave trade till 1808. bound us together "as with hooks of steel," They had the monopoly of the shipping; they from the Lakes to the Gulf, and from the bought or stole them *on the African coast, shores of the Atlantic to the far distant Paand brought them here, and sold them here; cific. It has been here for more than threethey kept them so long. as it was profitable quarters of a century. It was here before the and when it ceased to be profitable, they nation was born, whilst yet we were Colonies sold them to the South. So it has been with of Great Britain. It has been here ever since, the abolitionists in the North, and so it has and never was there strife in the land because been in a very great degree with the aboli- of it until within the last three years, when tionists in this State. abolitionists struck down the Constitution, But, sir, there is another influence at and reared in place of it the' banner inscribed work, at this particular time. The civil with the doctrines of "'the higher law." war, now devastating and rending this once Gentlemen tell us that the war commenced fair land, is mnade the occasion and pretext for by the firing on Fort Sumter and the" Star urging emancipation. I suppose there is of the West." Sir, they speak as though the hardly a single gentleman in this Hall, who firing upon Fort Sumter was the dawning of believes that emancipation would be urged in creation. Why, sir, that was but the sequel, this State, as it is, had it not been for this the result of causes that had their origin war. I do:not care who hears it, or who away back in a score of years. It was the knows it, my firm convictioJn is, that the in- very purpose, the object for which your Wenterests of Maryland are but secondary, and deli Ptlillipses had agitated:and schemed, and that the first purpose of the emancipationists for which your Parkers and Cheevers had is to make Maryland a free State, so that be- preached treason until their efforts and their ing a free State she may link her destinies colaborers in treason and crime had debauched With the free States in the separation to take the public sentiment of the entire North to place, and that there may be no inducements, such a degree that Union was no longer posso far as slavery is concernied, for her to go sible, even if it were desirable. Sir, nothing South. Indeed, the gentleman (Mr. Daniel) would content them but the utter extinction substantially so avowed. That, sir, I believe of slavery: and when, -after years of agitato be the beginning and'the end, the sum tion, their efforts culminated in the election and purpose of the whole movement. of the present Executive, the storm came and Gentlemen tell us " that slavery made the war burst upon us. Sir, listen to what Mr. war;" that "slavery, like Acteon, has been Theodore Parker says in a letter dated June eaten up by his own dogs " that "'slavery 27th, 1856: "What a state of things we has lifted its parricidal hand and stricken have in politics, the beginning of the end. I down the best government that ever lived." take it we can elect Fremont, if so the battle Sir, slavery has done no such thing. Slavery is fought and the worst part of the contest is has made no war upon this government. I over. If Buchanan is elected I don't believe believe that the slave States have ever been, the Onion holds out three years. I shall go aye, are this day, far truer to the government for dissolution." of this land, as our fathers made it, than the in another letter, addressed to Professor Northern States. The hand that struck that Desor, he says: "If Fremont is not elected, blow, was the red hand of abolition that has then I look forward to what is worse than been upraised against the nation's life, cer- civil war in the other form, viz: alongseries tainly for thirty years. It is to be found'in of usurpations on the part of the Slave power, the echoes and utterances and teachings of and of concessions by the North, until we are your Theodore Parkers, your Wendell Phil- forced to take the initiative of revolution at lipses, your higher law men, your Seward, the North; that will be the worst form of the now Secretary of State, who inaugurated that case, for then the worst fighting will be among infamous higher law doctrine, and he sits to- the Northern men, between the friends of day and coolly and with unblushing effron- freedom and the hunkers. I expect civil war tery defiantly tells the American people, that and make my calculations accordingly." " he can touch a bell upon his left hand or And again, in a letter to John P. Hale, he upon his right and cause the arrest and in- says: "If Buchanan is President I think the carceration of any man within the limits Union does not hold out his four years. It of this broad land, and that there is no'must end in civil war, which I have been prepower to save him," and unhappily he speaks paring for these six months' past, &c. I buy truly. no books, except for pressing need. Last year I said that I did not believe slavery was I bought $1,500 worth. This year I shall the cause of this war. It has been made the not order $200 Worth, I may want the money pretext for it. Sir, slavery existed here long for cannon." before the sound of the cannon was heard or And in his journal he says. "Of course the bright glitter of the bayonet was seen. we shall fight. I have expected civil war for It existed when peace shed its inild, benig- months. Now I buy no more books for the nant ray from North to South, and there present. Nay, I think affairs may come to 643 such a pass that my own property may be other days empires would have been swept confiscated," &c. away. Again, sir, those men who are now It was this war upon one of the constitu- sitting in Richmond, and controlling the destional guarantees of property, thus made and tiny pf the Confederacy, were, for the most thus persistently urged with all the zeal of part, sitting at Washington before these bigotry and fanaticism that has deluged the stormy times came over us. Th-y were the land in blood and broken up the government. Representatives of these States and these peoSir, every body knows what has occurred in ple in Washington, under the Government the last few years, how Congress passed a se- they have discarded, honored, trusted, and ries of compromise measures, that patriots beloved to a degree that has certainly been everywhere fondly hoped would cause the unexampled in'the North. subsidence of angry strife. Everybody knows If it had been their object to gratify human that " the fugitive slave law," admitted to ambition; if the desires of the human heart be constitutional, was disregarded, and if en- for pomp, place and power, had alone been -forced at all, it was done at the point of the their'motives, there was in the possession and bayonet and the mouth of the cannon. Every- enjoyment of these men, who represented the body knows that a peaceful-State was invaded South at Washington, enough to satisfy the;by armed fanatics, who seized at midnight utmost for'w:hich they could wish or desire. upon Harper's Ferry, imprisoned the citizens, I say, sir, and perhaps I say it at the risk and were only dislodged when an armed force of incurring the admonition of the gentleman they could not resist drove them out. Every- from Baltimore, "'that I may perhaps not get body knows that when VTirginia hung, as she paid for my negroes," —that the people of the ought to have hung, the traitor who had North have not done justice to the motives dared to break her laws and invade her terri- that have prompted this great uprising of an tory, he was then and has been ever since entire people. We may believe, and I do bedeified as one of the martyrs of the age, and lieve, there was no sufficient'cause to justify the infamous name of John Brown is to-day secession when it took place. Our views and worshipped in the North as one of the house- our opinions are influenced by the circum-'hold Gods-" the bravest and best man o0f stances surrounding us. We as Marylanders, the age.' living upon the border, where the first shock Everybody knows how the lest Presiden- of the conflict would be felt, where the first tial canvass was conducted, and the result of flash of the thunderbolt would fall, did not it. And yet you tell me in the face of all and do' not think that there was sufficient these facts, that the institution of slavery cause for the disruption that took place. But which was here before the nation had an ex- does it follow that they did not think differistence, and which has lived with it contem- ently. Does it follow that they do not feel poraneously from that hour to this, and until justified in their own consciences and in the'the past three years without a jar and with- sight of high heaven, in the course they took. out a conflict-you tell rme that that has And I beg gentlemen to remember that made the war and broken the Union It is whilst we are forming opinions for ourselves not so. It is not true; it was not slavery. and acting upon them, other men have the It was the abolition party. It was the doe- same right, and are doing the same thing. trines of the higher law, that doctrine that I mourn over the condition of my country as -the Constitution and the laws of the land deeply as any member of this Convention. are subordinate and secondary to some un- I believe that no greater calamity could befal defined and shadowy myth existing in a this nation than a separation-but that has distempered and disordered brain, and which come. They have gone off, whether righthas so obtained at the North that it has fully or wrongfully, they have gone in the overturned reason and common sense, and face of war and battle and bloodshed, at the to-day finds friends and advocates upon sacrifice of life and fortune and family, and this floor. Gentlemen have also said, that of everything that makes life desirable, or the lust for power and place, that ambition gives a charm to life. They have dared to and pride led the Southern leaders to take risk the battle, to throw themselves upon the the step they did. Sir, why will men, issue of war, relying upon the God of nations, sensible, intelligent men, be so blind? Why and I am bound to believe, I cannot help be-' shut their,eyes to facts so palpable and plain lieving that these people-no matter whet we before them? Is it credible? Is it to be think of them —must think, must believe, believed that if the people of the South were tLat they have right and justice on their side. betrayed by their leaders, that those leaders What is the prospect the future holds out would not have been hung long ago, by an to us? Can this Union be restored by the injured and an outraged people, and yet what abolition of slavery? do we see? We see that.whole people, with an Notwithstanding the insertion in your bill unanimity wonderful and unparalleled, rising of rights of the doctrine of paramount allegias one man, and sustaining those leaders, and ance; notwithstanding the edict is about to bearing up and battling against a power and go forth from this Hall, in the language of a force, before which in other times and gentlemen, "that the shackles are about to 644 fall from the arms of the slave, and the ban- proposed will benefit the negro. I believe it ner of freedom is to be unfurled," the ques- will make his condition infinitely worse. tion at last, freed from all these rhetorical Statistics show such to have been the result, surroundings, that addresses itself to our wherever it has been tried. A free negro judgrnent, is, will Maryland be more likely as population is a curse to themselves and to any a free State, to promote the continuance or community in which they reside, when they restoration of the Union, than as a slave approximate in numbers to the white popuState? Three years ago, when this war com- lation. menced, I thought that a rebellion of that I do not believe it will benefit the State, magnitude, embracing nine millions of people, because it is not the growth and result of could not be put down by force; that the natural causes, but is a forced condition of safety, welfare and interest of all, would Nbest things under the peculiar emergencies of the be promoted by letting them try the experi- times. As regards the moral views of the ment. Nations are like individuals, in fact question, and the tender consciences of those are nothing but the aggregate of individuals, gentlemen who have no scruples about boldand the same motives that prompt to the ing a negro in slavery until it becomes their adoption of a particular course of conduct in interest to sell him, and who. then prate of the one case, operate in the other. What the blessings of freedom, I shall speak no would be the course of an individual in such further. My conscience is perfectly at ease. a case? Why, sir, common sense teaches, I hold negroes, have held them ever since I that after having tried his new course of life, attained to acre of manhood, and if the laws it he found it to operate to his detriment he of the State would permit it, would probably would change, and return to that which was continue to do so. It is a practice sanctioned more to his profit and interest. I believed by all time and by all people, from the earliest then and I believe now, that the way to have ages of which we have any knowledge down preserved the Union was by keeping peace, to this present hour, by the best, as also by and if the South would go, if they would lis- the worst of mankind. Whether Providence ten to no terms, then to let them go-" to let in His wise purposes has seen fit to work out the erring sisters depart in peace." I have the salvation and liberation of the negroseen no good result to the Union from war. through a vwa, that is desolating and destroyI see in it the triumph of abolition. ing this nation-at the cost of the white race, Maryland is about to try the experiment of is a problem that I shall not attempt-like free labor. She is about to inaugurate a new the gentleman from Baltimore —to solve. policy within her limits. As a citizen of the Mr. STIRLING moved to take a recess until State, so long as I remain within it, it is my eight o'clock this evening. duty to conform to whatever, in the form of Mr. HEBB demanded the yeas and nays, and law, a majority of her people shall determine. they were ordered. But in view of the past, I do not believe that The question being taken, the result wasthe interests of the State are going to be pro- yeas 39, nays 34-as follows: moted by the proposed change. I regard it Yeas-Messrs. Goldsborough, President; as a sudden shock, that will shake to the very Abbott, Annan, Baker, Cunningham, Daniel, centre, all the interests of the State, and for a Davis, of Washington, Earle, Ecker, Farwhile at least, tend very nearly to their pros- row, Galloway, Greene, Hebb, Hoffman, Hoptration. Gentlemen have told you, and told kins, Hopper, Keefer, King, Markey, McCoyou truly, that in many of the counties the mas, Mullikin, Murray, Negley, Nyman, Parslaves form nearly one-half, or a very large ker, Purnell, Robinette, Russell, Sands, part of the taxable property. You strike away Schley, Schlosser, Smith, of Carroll, Smith, at one blow all that taxable property How is of Worcester, Sneary, Stirling, Stockbridge, the deficiency to be supplied? Governments Sykes, Valliant, Wooden-3t9. must be supported, and it takes money, and Nays-Messrs. Audoun, Berry, of Baltiin these days, no little sum of money to meet more county, Berry, of Prince George's, Bilall the demands of the tax gatherer, and the lingsley, Blackiston, Bond, Briscoe, Brown, cry is still for more. Where is the money to Carter, Chambers, Clarke, Crawford, Davis, come from? How are the people to get it, to of Charles, Dennis, Duvall, Edelen, Gale, pay their taxes? The drafts are taking all Harwood, Henkle, Hollyday, Horsey, Johnthe young and able bodied to the field of son, Jones, of Cecil, Larsh, Lee, Marbury, battle, to fill bloody graves, or to return Mitchell, Miller, Morgan, Parran, Ridgelv, maimed and crippled, and your fields are to Smith, of Dorchester, Turner, Wickard-34. go uncultivated from the want of labor. So the Convention took a recess until eight You are striking away one-half of the taxable o'clock. basis, and leaving the same or an increased EVENING SESSION. amount of taxes to be raised on the remaining half. Let those gentlemen who vote for this The Convention reassembled at 8 o'clock, proposition, answer these things to their people. P. M. I will not detain the Convention longer, The roll was called, and the following simply saying that I do not believe the change members answered to their names: 645 Messrs. Goldsborough, President; Abbott, the sighing winds and sonorous tempests, Annan, Baker, Berry, of Baltimore county, and curbs them in chains and prison halls. Berry, of Prince George's, Billingsley, Black- She invokes his aid to unletter the force iston, Bond, Briscoe, Brown, Clarke, Cunning- of the tempest, and shipwreck this fourder ham, Cushing, Daniel, Davis, of Washington, Duvall, Earle, Elker, Edelen, Farrow,of empire with all his companions. He Galloway, Green, Harwood, Hebb, Hollyday, listens —he responds —he hearkens to her Hopper, Horsey, Keeter, King, Lee, Marbury, commands. Forthwith the storm broods Markey, McComas, Mitchell, M1iller, Morgan, darkly upon the sea, andMullikin, Murray, Negley, Nyman, Parker, Pugh, Pull, idgely, Robinete, ssell,'Una Eurusque, Notusque ruunt, creberque Sands, Schley, Schlosser, Scott, Smith, of procvllis Carroll, Smith, of Worcester, Sneary, Stir- Africus, et vastos volvunt ad litora fiuctus." ling, Stockbridge, Sykes, Thruston, Turner Presently ZEneas shudders, and viewing -59. the possibility of meeting this inglorious The Convention resumed the consideration death, he groaned, and extending his supof the 23d atticle of the Declaration of Rights, emancipating the slaves and abolish- pliant hands to sidereal sealms, thus ading slavery in Maryland. dresses the powers of the sky Mr. PUGH moved that the consideration of -0 - O terque, quaterque beati the Declaration of Rights be postponed until Queis ante ora pateum, Trojae sub moruibus to-morrow at 10 o'clock, A. M. altis The motion was rejected. Contigit oppetere 0!! Danaum fortissime The amendment placed upon the journal by gentis Mr. Clarke was read, for intormation. Yydide, mene Iliacis occumbere campis Mr. CL.aRKE. I will state that that propo- N on potuise, tuaque animam hauc effundere sition was not offered by me as an amend- dextrai? ment, but was submitted as a proposition for Salvus ubi _Eacidae telo jacet Hector ubi inthe consideration of the Convention, which gens at some proper time I thought might be of- Sarpedon: ubi tot Siniois correpta sub undis fered. 1 do not desire myself to offer it as an Scuta virum, galeas que, et lortia corpora amendment, as I learn it will be rejected, volvit." coming from this side of the House. There being no amendment pending, the Mr. President, when I review the past article was read. history of the United States, and see Art. 23. That hereafter, in this State, how the Mighty One who ilnhabiteth Eterthere shall be neither slavery nor involun- nity has carried the people of the several tary servitude, except in punishment of States safely through the trials of the Revcrime, whereof the party shall have been olutionary struggle-through the difficulduly convicted; and all persons held to ties which attended the days of the Conservice or labor as slaves are hereby de- federation-through the party struggles dared free. of Federalism against RepublicaninrllMr. CLARKE said: through the war of 1812 —tirough the Mr. PRESIDENT. ZEneas during the agitations which ended' in 1820 in the gloomy hours of that sad night in which adoption of the Missouri CompromiseTroy fell, after performing unexampled through the dark days of South Carolina prodigies of heroism, left the ill-fated city, Nullification-through victory and gloricarrying his aged father upon his shoul- ous conquest in the Mexican war-through ders, and leading his little son tenderly by the terribly threatening agitations which the hand. When just approaching the preceded the adoption of the Compromise shores of Italy, where he was to found a measures of 1850-and at last appeared splendid empire, the goddess Juno, cher- to vouchsafe, by the annunciation of the ishing an undying resentment against him, Dred Scott decision by the Supreme Court in the pride and majesty of her divine as the basis of settlement of a long vexed nature, thus reasons: "Shall I who move question, a final and lasting peace to in state the queen of the gods, and am this favored land —when I review all these both the sister and wife of Jove, wage periods of national salvation, and at a time war for so many years with one nation? when everything promised such a future If I satiate not my revenge, who any of-glorious progress, and such a reign of longer will adore the divinity of Juno, or uninterrupted freedom under the folds of as a suppliant honor the altars erected for the Constitution, I suddenly behold this my worship?" Sheseeks Eo.ia-the coun- splendid fabric of governmental structure try of storms —where king IEolus governs reel and rend asunder in civil war-broth 646 erly hate-national: debt-the din, of battle too old or too young to provide the neces-— and a series of wars.and national calami- sary means of sustenance-and without a ties unparalleled in the history of the ages single guarantee or promise of any compenwhich have gone by, I ask myself involun-' sation to the owner for a species of property tarily what fell spirit has the God of which was secured by stronger safeguards Mercy for a time permitted to satiate its under the Constitution of the United States revenge for some wise but unseen purpose? and the Constitution of the State, than any What spirit, like the divinity which in otherspecies of property. I might be exwrath attended Eaneas, the representative cused, therefore, if under these circumstanof national power, has exclaimed, Shall I ces I dealt with this subject more under the wage war for so many years wiih one sec- inspirations of passion or feeling, than untion of this Confederacy? What spirit der the guidance of sober reason. I shall, cried out, Who, if I satiate not my revenge however, endeavor to bring with me to the -if I maintain not the government-if I discussion of theAtheme of emancipation, wipe not out slavery throutgh footsteps of calm argument and the application ol just blood —will any longer adore:the divinity of principles, rather than tirades of abuse or Anti-Slavery, or as a suppliant honor the exhibitions of temper. political shrines reared in my service.? Was Parties must exist in every government it not the spirit of Northern Fanaticism: where power is derived from the people. which I may personate as the goddess of And a wholesome party feeling is the best Abolitionism? safeguard for the preservation of free govAnd when I ponder over the agonizing crnments. Parties will always divide thempicture which this land now presents, selves on principle, whatever may be their wasted! by civil war, I feel like exclaiming designation for the time being, into radical Great GodI what do I see and hear? and conservative elements. And when I The end of things created?" first read Macauley's History of England, I was struck with the philosophical truth And yet pursuing a train of thought con- contained in this passage. Speaking of sonant with the final safety of LEneas the distinction which divided the political through his many perils until at last he elements of the English people at the pefounded a mighty people, I gather hope riod of sixteen hundred and forty-one, he that in some form and at some time, through says: peace, national safety and national deiverance will be reached. Otherwise-if " Not only in politics, but in literature, in art, in science, in surgery, in mechanics, there is to be no peace, no cessation to in igation and agriculture, nay, evenin brother shedding brother's blood, no secu-in navigation and agriculture, nay, even, i brother shedding brother's blod, no se- mathematics, we find this distinction. rity for constitutional freedom and good Everywhere tere is. a class of men who government, no accents of reconciliation, cling with fndness to whatever is ancient, cling with fondness to whatever is ancient, would repeat in the same suppliant tones and who even when convinced by overthe prlayer of Eneas, or say as Manfred irn- powering reasons that innovation would II Yplored: toppling c of ice!be beneficial, consent to it with many mis" Ye toppling crags of ice! givings and forebodings. We find also Ye avalanches! whom a breath draws down everywhere another class of men sanguine In mountainous overwhelming come ane" in hope, bold in speculation, always pressing forward, quick to discern the imp)erBut it seems, Mr. President, that in the fections of whatever exists, disposed to midst of this national revolution, men are think lightly of the risks and inconveninot content to struggle if perchance they ences which attend improvements, and dismay safely steer through it. We must posed to give every change credit for being have a State revolution-peaceful though it an improvement. In the sentiments of may be, through force of circumstances, both classes the're is.something to approve, yet none the less thorough in upturning but of both the best specimens will be our social system, and all the elements of found not far from the common frontier. our domestic life, than if accompanied by: The extreme section of one class consists battles and fire aLd sword. An institu- of bigoted dotards, the extreme section of tion-that of slavery of the negro-co- the other consists of shallow and reckless existent with our State life-is to be sud- empirics." denly destroyed-and unconditionally- I shall aim, Mr. President, in the discuswithout a provision for the negro, whether sion of this subject to avoid being classified either with the section of "bigoted dotards" height of "treason," to be the purest test of or "shallow and reckless empirics." It is loyalty and the highest standard of exalted nmy purpose, conceding that in some form, patriotism. Pardon us, gentlemen, if after tCe majority of this Convention have prede- being indoctrinated' by you as chief rulers termined to abolish the legal status of ne- in the Synagogue of the Union with such gro slavery in the State,to inquire how it can just principles, we have not so soon desertit be (lone on sound and statesmanlike prin- ed the maxims of our Gamaliels, and do not ciples, which will secure the rights of all so readily chime in with you in your plauand leave no blot upon our State history, dits and advocacy of a policy you so recentengraven so deep that time will never efface ly taught us was "treason," and destructive the stain, nor repentance restore the purity of all hope of a. reconstructed and glori.,us of the State name. Union. When the' 43d section of article And, firstly, in discussing the proposed second of the Constitution of the State was article 1 recognize the fact that we have to reported in the Constitutional Convention deal with the real issues of the present, and which, framed our present organic law, no the coming events and changes already voice was raised againstit. It was adopted foreshadowed in the future. It is, Mr. Pre- unanimously. Journal of the Maryland sident, an idle task to be looking back at State Convention p. 231, Debates of Conthe obsolete issues of the past. Let the vention vol. 1, page 150. Slavery was not dead bury their own dead. Act up to the then considered such a curse, nor did its demands of the living issues of the present. perpetuity in the State then, in the.opinion In representing in part, asI do, thelargest of certain gentlemen now high in pubiic slave-holding county in the State of Ma- positions, endanger the permanency of our ryland, I am not here as a " champion of form of government. And the journal. slavery, as an element of political power," shows that upon the same day when this but I trust that in the views I am about to clause was adopted Governor Hicks, Shriexpress, I will be true to those principles ver, Fiery and others, who are now the earwhich are the basis of all our rights of pro- nest advocates of emancipation were preperty, and which the great and good- men of sent. In this same venerable building the State and the country have announced where we are now gathered, Governor Bradas unchanging-not yesterday to be affirmed ford only a little more than two years ago -to-day to be denied and denounced. in discussing the "guarantees of national Slavery, as an- " element of political pow- success," expressed but "one apprehension er," hasnever been made the basis of popular that could cause a doubt." He says: "It is agitation in Maryland prior, to the candida- not so much the fear of any assistance that cy of Mr. Lincoln for the Presidency. Un- secession is likely to receive from abroad, til that time there was no anti-slavery party nor the aid and comfort which treason at in the State. And it does shock me to hear home may convey to it, as the plossibility of men who have been well known. as the firm a treason far more potent: for mischief, and, friends of the Constitution —men who voted which, if not suppressed, is calculated to to place the present article in our State Con- inflict upon, the cause of the Union the sestitution prohibiting the Legislature from verest blow it has yet encounteredi I refer, passing any law abolishing the relation of of course, to that emancipation policy latemaster and slave-men wiho cringed, to and ly thrust so unexpectedly on populart attenfawned and flattered all who were pro- tion." Contrast his message to the last slavery, now not only change their opinions'General Assembly in which the Governor professedly-for. this is allowable-but they cannot omit allusion to toe question of have the effrontery to avow that they have emancipation lest it might appear like an been emancipationists for years-nay,. all indifference which he is far from feeling. their lives. They have. certainly moved He says (page 28) "I have the less reason about in false colors, disguised robes and for withholding any'such opinion as it has with simulated faces-as wolves in sheeps' undergone no change. and is such as I have clothing, or sheep in wolves' clothing, frequently heretofore expressed. 1 believe Mr. President, I cannot entertain re- to-day, as I have done for years, that if we spect for the opinions and sentiments now had long ago provided, for the gradual avowed by many Maryland men. Whence emancipation of the slaves of the State, we comes this sudden conversion? A conver- should now be, as regards all the material sion which now pronounces those dogmas elements of public prosperity, far in adwhich only a year or two ago were the vance of. our present position."' 648 Again, "Itbecomes us, therefore, to whom tect and defend the Constitution of the the whole question rightfully belongs to United States." take immediate measures for its (slavery) re- These resolutions were passed by the moval, and which should be no longer de- Senate and House of Delegates with only hayed than may be required by a proper one or two dissenting votes in each House, respect for those industrial pursuits with (see Journal of Senate p. 56, and Journal which the institution has been so long and of House p. 85,) and received the support so intimately interwoven, and a humane re- of Messrs. Goldsborough of Talbot, Presigard for the slave himself, which forbids us dent of the Senate, Eichelberger, Berry, to cast him all unprepared for so great a Speaker, Creswell, Price, Matthews and change, too suddenly upon his feeble re- others, now prominent as the advocates of sources." emancipation. Permit me to say, however, If we turn now to; the Legislative that I understand the President and the departments of the State government we gentleman fiom Baltimore county (Mr. find that at the session of 1861 and 1862 Berry) to be in favor of emancipation, but the General Assembly of Maryland corn- that they are restrained by that conservative posed almost exclusively of Union men ex- influence which would provide compensapressed views of the slavery question tion, and place them somewhere on the differing only in phraseology and not in common frontier referred to by Macauley. substance from the executive teachings. And lastly, to bring down this recital of Resolutions No. 3, introduced by Hon. the apparent change which-amid the proWilliam Price, declare in the preamble that gressive strides of the times seems sweepiug "The General Assembly of Maryland have over the State, I have only to ask you to seen with concern certain indications at the contrast the issues upon which the Conserseat of the General Government of an in- vative Union Party battled in the campaign terference with the institution of slavery in last autumn, avowing as a cardinal principle the slave-holding States, and cannot hesi- of its faith a " non-action policy " upon the tate to express their sentiments, and those subject of slavery, with the remarks of Hon. of the people they represent in regard to a Thomas Swann, one of their leaders, made policy so uniwise and mischievous." last winter in this Hall, who promised Resolutions No. 15, offered in the House " to ride with whip and spur until every of Delegates by Mr. Donaldson, and amend- valley and every hill-top shall feel the tramp ed by adding the seventh resolution on mo- of his glorious mission, and the whole State tion of Mr. Creswell, among other things of Maryland, from its centre to its circunmannounce- ference, shall be awakened to an edict of "That the loyalty of the people of Mary- universal emancipation." If, Mr. President, land to the General Government, establish- you had seen his motions, you would have ed by the Constitution, is untouched by any thought that he was then astride of his Bushade of servility, and they must ever re- cephialus, fully booted and spurred for his gard with extreme jealousy all attempts, ride. from whatever quarter, to make the present I have not referred, Mr. President, in any war for the restoration of the Union, the fault-finding or acrimonious spirit to this means of interfering with the domestic in- record of the past. I desire no criminations stitutions of the States; and they solemnly or recriminations. But I do desire that protest against all schemes, the object or, every one should be made to occupy their tendency of which is to incite insurrection true positions upon this question. I do not among the slaves, declaring the same mean to be understood as denying the right illegal, and calculated, if put in practice, of men in public stations to change an opinto produce results too terrible to contem ion. I am even willing to give them the plate." benefit of the old adage-"wise men change And resolution seventh, after indorsing their opinions sometimes, fools never." Let "the course and policy of the President of these gentlemen candidly avow the error of the United States in the conduct of the war their past political course-let them admit thus far" in the name of the people of Ma- that they have been made converts to a new ryland, declares that "assured by his firm- faith, and that they now worship at a new ness and honesty in the past, they confident- political shrine-and I have no word to utly expect that in spite of -the importunities ter in denial of their right thus to erect of pernicious fanatics, he will keep steadi- new idols. In this there may be sincerity ly in view his sworn duty to preserve, pro- and manly honesty. But I do object to their 649 efforts to represent themselves as having non-existence of slavery,but which find their heretofore occupied positions upon this ques- solution and primal cause in a variety of tion in perfect harmony with their present historical facts, distinctions of social organpolitical creed. And when in accordance ization and race, and questions of political with the inspirations of your teachings, the economy which the limits of my allotted political party with which I affiliate now time do not permit me to discuss. Allow me announce that this emancipation policy, to say, that while negro slavery has, like all this radicalism which is to sweep away other mere human institutions, some evils slavery in violation of all the principles of connected with it, it is not a sin —the arguright, and in disregard of the sacred guar- ment and opinion of our clerical member antees which protect private property; this (Mr. Todd) to the contrary notwithstandconfiscation of the estates of our Southern ing. My interpretation of the Bible, as an brethren, and this new dogma of "State sui- Episcopalian, which differs very much from cide," or "State forfeiture" which obliterates his, both as regards the doctrines and spirit sovereignties and leaves a tabuta 7rasa upon of the Gospel dispensation, teaches me that which to erect the fabric of a consolidated slavery is sanctioled by it, and I know didespotism-are paving the way to a "trea- vine erevelation nowhere sanctions a malurn son ftar more potent for mischief than any in se. With Bishop Hopkins, as pure and assistance secession is likely to receive from. devout a Christian mmIn as adorns the episabroad, or aid which treason at home may copacy, I believe and shall ever maintain convey to it," let them be no longer de- "that the relation of the master t0 the slave nounced as "traitors." If our views of in the Southern States involves no sin, pro"treason"' to the Constitution and Govern- vided the treatment of the slave be in acment of the United States and the State of l cordance with the Scriptures; because the Maryland agree with the definitions re- slavery of the heathen races was sanctioned ceivedso recently from your political Gama- by the divine law in the Old Testament, liels, pardon or least do not denounce our and the system of Roman slavery was almore consistent adherence to the axioms of lowed to Christians by the apostles in the constitutional duty and obligation. I do New Testament: and it was regarded as a not mean, Mr. President, thus to "succumb providential arrangement of society by the to the advancing tide of public opinion":-a fathers, the councils, the theologians and public opinion that is changing and unsta- i commentators in every branch of the Church ble —and bears the evident marks of a dis- for more than eighteen centuries; so that eased condition of the body politic. My there is no question on which the Holy cheeks would tingle with shame, my limbs Cttholic Church was more perfectly unaniwould grow weak and tremulous, and my mous; that by necessary consequence the manhood would desert me, if I could- thus modern doctrine of ultra abolitionists is an falsify the record of a lifetime, or stoop to impious error, because it opposes the Bible utter such language of denunciation and and the Church; that it is a dangerous error, venom as these walls have echoed and re- because it divides Christian communities echoed since this debate commenced, into hostile sects, bitterly warring against No, sir! I shall not bring dishonor on my each other; that it is rebellious to the State name and parentage, or so tarnish the fair as well as to the Church, because it tramfame of the great, pure and good men who ples on the Constitution, calling it a "covehave preceded me in these halls of legisla- nant with death and an agreement with tion, some of whom, belong to that class of' hell," and has driven the old Union of the men who were not born to die. Should I do States into discord and strife, of which no so, I would expect the very walls about me man can foretell the issue; that to the neto echo in language which speaks from the gro race, slavery in the hands of their tomb, or breathes its notes from the spirit Southern masters has been a blessing;':, 0 world, a solemn reprimand-aye! voices that meanwhile, the Church has no right to of condemnation! interfere with the institution, warranted as ~I do not purpose, Mi'. President, to fol- it is, not only by the " supreme law of the low the gentlemen who have preceded me land " laid down in the Constitution, but by through their biblical arguments, through the word of God and the unanimous judgtheir discussions of the morality of slavery, ment of Christendom." View of slavery and through their tables: of statistics show- by Bishop Hopkins, pp. 349, 350. ing a variety of facts which are not the And in reply to all that has been said logical consequence of the existence- or and deduced illogically from the citation of 42 statistics, without now controverting these or territory-the growing tendency of the false conclusions, I ask- North to appeal from the Constitution to " What constitutes a State? the will of an irresponsible majority, ending Not high raised battlements, or labored in consolidation-the refusal to concede mound, constitutional guarantees which would seThick wall, or moated gate; cure the minority against the unauthorized Not cities proud, with spires and turrets acts of the majority —the threat to overcrowned, throw the institutions of the South through Not bays, and broad armed ports, constitutional amendments adopted by a Where laughing at the storm, rich navies ride; sufficient number of States;-and not so Not starred or spangled courts. Not starred or spangled courts, much the wrongs and oppressions sutfered, Where low-born'd baseness wafts perfumes to; r pride- as the fears that the North would attempt No'l men, high-minded men, the abolition of slavery at a future time, Men who their duties know, when having the power to accomplish it, But know their rights, and knowing dare the South would be forced to submit from maintain, necessity to the superior strength of the Prevent the long-aimed blow, North. And yet with all these powerful And crush the tyrant, while they rend the incentives, I affirm that as a class the slavechain- holders did not bring on this war, and that These constitute a State." as a class they were the last men in the I further affirm that slavery was not the South to desert the flag of the Union. cause, though made the occasion, of the war To sustain this position, I refer, Mr. Preand our national woes. And as showing that sident, to high republican authority. in this view I am not speaking merely as a "Throughout all the agitations pending partisan, I refer to an article in the Ameri- the outbreak of the rebellion, the more excan Quarterly Church Review, of January, tensive and wealthy among them (the slave1864, where the causes of our national ca- holders) steadily resisted disunion as involvlamities are discussed with great philoso- ing the overthrow of slavery. Gov. Aiken, phical power, founded on historical facts. the largest slaveholder in South Carolina, There was and is now, no "irrepressible " "0 0 has never had a word of cheer conflict" which based on principles of rea- for the rebellion. Gov. Hanmmond, another son demand the overthrow of slavery, as South Carolina patriarch, rich, shrewd and the condition of preserving our national life a most intense devotee of "the institution," and republican liberties. And the states- has been ominously silent ever since Linman who supposes that he has discovered coln's election. *:0" " The men who in the abolition of negro slavery a remedy had most at stake upon slavery hesitated to for our national condition, will find himself play the desperate game to which they as much mistaken in restoring the vigor were impelled, knowing well that by playand health of the national authority as the ing it they risked their all."-New York physician is in producing a recovery in a Tribun7e. patient whom lie treats for a single symp- And Major General Francis P. Blair, in tom of disease, when he is racked and tor- one of his speeches, says: tured by a complication- of deep-seated "Every man acquainted with the facts maladies. Among the primal causes of this knows that it is fallacious to call this a war were the decay of public and private "slaveholders' rebellion." 0 0: 0 0 A virtue-the disregard of laws, accompanied closer scrutiny demonstrates the contrary to with the doctrine of obedience to a higher be true; such a scrutiny demonstrates that law, viz: a man's own ideas of law-the the rebellion originated chiefly with the nongrowth of abolitionism moving on like the slaveholders resident in the strongholds of glacier's "cold and restless form" day by theinstitution, not springing however from day, until it culminated in John Brown in- any love of slavery, but from an antagonism surrections, alarmed the Southern people of race, and hostility to the idea of equality for the safety of their homes, firesides and with the blacks involved in simple emaancidomestic peace, and fostered a correspond- pation." ing want of attachment to the Union among I admit, Mr. President, that as a consethe Southern people-the failure to recog- quence of that very policy which Southern nize the decisions of the Supreme Court as statesmen predicted would be pursued, conclusive of the right of the people of the slavery exists not to-day in Maryland as an several States to enjoy the common domain element of political power. But it does 651 exist as a question of property, if not as a property is to be sacrificed,.is it not just very valuable species of property. The that it be dolle at a common charge?" slaveholders have rights, rights of property This is the language of the standardrecognized by the Constitution of the United bearer of the Republican party, of a man States, by the Constitution and laws of the indorsed by the party, and although genState, and rights which, while they may be tiemen may stand up here and claim to be torn fiom them, I hope they will never by his supporters and deny that the slavetheir assent yield except upon terms honor- holder can have property in his slave, the able to themselves and consistent with people by re-nominatinghim have expressed their dignity as free American citizens. a different verdict. I take the opinions of the They cannot be deprived of these rights of fathers of the Republic, and of the Presiproperty without compensation, except in dent indorsed by thepeople, and put them violation of all those principles which are against such opinions as have been anthe basis or foundation of right of property nounced upon this floor by mere fedgelings in Ian ids, merchandise and securities, public in the knowledge of constitutional princiand private. ples and legal propositions. This right is The first and fundamental principle further recognized as inviolable by the therefore, Mr. President, in dealing with present Constitution, and is maintained by this question, is the recognition of the fact the legislative, executive, and judicial dethat the master has a property not in the partments of the State Government in every soul of his slave, for this is immortal and possible form —in the adjudication of the spiritual-not as property in man, but in rights of widows, minors, and creditors, the right to the labor of his slave- and the division of estates and settlement just as the northern man who holds of legal controversies. This property was an apprentice has property in the labor of worth, in 1860, over $36,000,000, as shown his apprentice for so many years, five, ten, by the accompanying table, which is an twenty, or all the days of his life, the prin- under estimate of its value. ciple in both cases being the same. I will VALUE OF SLAVE PROPERTY IN MARYLAND not insult the intelligence of this Conven- IN 1860. tion by arguing a question so universally The compendium of the census for 1860 admitted until now. This right was recog- does not give the ages of the slave populanized by the comrmotn law of England to tion, but merely the aggregate number and which the citizens of this State are entitled, sex, viz: by the Constitution of the United States, Males........................44,313 by the laws of Congress, by decisions of the Females..................42,876 Supreme Court, by treaties, (one of which secured from Great Britain compensation 87,189 to our citizens for the loss of their slaves The aggregate for 1850 gives the number during the war of 1812,) and by the ex- at 90,368, and classifies the ages as well as ecutive branch of the Government even the sex; the returns for 1860 show a deas administered by Mr. Lincoln. In con- crease in ten years of 31 per cent. firmation of this I refer to his messages of In order, therefore, to arrive at the value December 1, 1862, of March 6, 1862, and of of the slaves for 1860, it is only necessary December, 1863. In his annual message of to take the classification of ages in 1850, December 1, 1862, Mr. Lincoln says: "In with a reduction of 31 per cent. The estia certain sense the liberation of slaves is the mate of value is based on what it was gendestruction of property-property acquired erally recognized to have been five years by descent, or by purchase, the same as any ago: other property. It is no less true for having Under 1 year, 1,243ema N1, o. Estimate. Ttal Under l,1,243 1,203 2,446 $25 $61,150 been often said, that the people of the 1 to 5" 5,961 5,931 11,892 50 594,600 South are not more responsible for the orig 5 to 10 6.902 6,712 13,614 150 1,042,100 ai a 10 to 15 6,963 6,400 13,363 300 4,008,900 inal lintroduction of this property than are 15 to 20' 5,643 5,446 11,109 600 6,665,400 the people of the North; and when it is 20 to 30', 8092 7,443 11,535 800 12,428,300 remembered how unhesitatingly we all use 30 to 40'4,269 4,500,796 00 7,1 5,200 40 to 50 2,953 2,931 5,884 500 2,942,000 cotton and sugar, and share the profits of 50 to 60 1,926 1,850 3,776 200 755,200 dealing in them, it may not be quite safe Over 60" 1,992 1,988 3,980 to say that the South has been more re- 36,612,550 sponsible than the North for its continu- Deduct 3){ per cent................. 1,281,439 ance. If, then, for a common object this $35,331,11 652 From the above it will be seen that the which unites Maryland with the Southern aggregate value of the slave property of States. this State, in 1859-60, was thirty-five mil- 3d. On the hypothesis of peace upon lions three hundred and thirty-one thousand terms of treaty stipulation, it will secure one hundred and eleven dollars. the State to the north, simplify questions of Why in this period of heavy taxation, boundary, and avoid all complications and when menrequire all the labor it is growing out of an attempt to settle the possible to secure, do we find the majority limits of the two confederacies, which would of this Convention thus clamoring to de- exist in the event that Maryland remains stroy property worth to her citizens forty slaveholding. millions of dollars? I ask again, how can slavery be abolished I have shown already the terms in which in Maryland on a basis just to all interests? only a few years ago some of the now I do not deny the power of the General warmest advocates of emlancipation spoke Government by the military arm, in the of the project. Emancipation iesults; not-' sense of might, to remove, entice, or force from the free and willing choice of the froim the State of Maryland, and so place people of the State, or even from the natu- beyond the temporary control of their masral instincts and convictions of its friends. ters the slaves now in Maryland. It has To be an emancipationist is now the high- been done already to a great extent. But road to political fame, rewards, ancd lucra- that does not destroy the legal status of tive contracts. The more radical the plan slavery, or abolish slavery in the State and principles announced, the more; surely de jure. This war cannot last forever. does their advocate gain favor with the When peace is restored the rights of the "powers that be." The action ot the Federal master would revive. Maryland without a Government asdestroyed the valueof slave slave in the State at the end of the war, property, as the gentleman from Talbot although not slaveholding de facto, would (Mr. Valliant,) says, and hence among be:so de jure. And within a short time, other reasons his willingness to abolish it. so soon as the authority of the owner could 1 feel satisfied that if to-morrow the market be re-instated, by tracing out and reclaimvalue of the negro was restored, and Mary- ing his slave, the State would be both de land was left to act freely upon this ques- jure and de facto slavebolding as before tion, as she was before military power was the war. The mere taking away of the exerted, and the tempting offers of Federal slaves does not accomplish the object of the patronage were extended, that the mainten- Administration. It carries no moral force ance of the institution would now be as with it. It is not tie success of a policy. firmly and unanimously advocated as ever. Further, Mr. President, the State of MlaW-hat is the real, unvarnished statement ryland is not in rebellion against the Govof the cause of emancipation in Maryland? ernminent of the United States. She is Upon the election, Mr. President, of therefore entitled to all her rights under Abraham Lincoln, the administration and the Constitution of the United States. It patronage of the Government passed into is conceded in the President's message of the hands of an anti-slavery party. The last December, that the General Governseat of Government-the capital of the ment has no right to interfere with the United States-is located on the confines: institution in the States not in rebellion. of Maryland, and it has become a policy ":Such a proposition," he says, speaking of dear to the Administration and* the north- the resolution pledginl compensation by ern people-a policy of paramount im- Congress, in his Message of March 6th, portance-to carry out the scheme of emana- 1862, "on the part:of the Federal Governcipation in Maryland. It is a policy of ment, sets ~up no claim of right by Federal param:ount importance because- authority to interfere with slavery- within 1st. On tle hypothesis of a reconstructed the State limits, referring as it does the abUnion, it will be either impossible then to solute control of the subject in each case to abolish slavery in the State, or only afteir the State and itspeople immediately." the elapse of time. And if it is done now, There is no ground for the General Gov-it is important to do it in such a manner erminment to found a right to abolish slavery.aS' will'carry'a moral force with it. in Maryland on the plea of the preservation 2d. On the hypothesis of the continued of the government, or on the plea of miliprosecttion -of the war it will sunder, in the tary necessity, further than a' special milibelief of the Administration, the last tie tary necessity to take the' able-bodied men. 65W3 You may, Mr. President, hear some -men State compensation, results fronl the followwho talk in a wild strain, say "it is neces- ing considerations: Slaves are property, sary to abolish slavery in Maryland to pre-.worth, prior to the inimical action of the serve the l1fe of the nation." When I hear Federal Government against slavery, over any sensible maln make such a statement, I forty millions of dollars to the people of the cannot believe he seriously means lwhat he State. Their marketable value may have asserts. He is only chiming in with a:pop-: depreciated, but their real value, where the ular clamior of the day. What! set a few; slaves remain, in consequence of the scarcity negroes free in Maryland, and they chiefly of labor, and the enhanced value of -the now women and children, and this Union is products of their labor, is worth more. now thereby to -be restored? The statement of than ever before. In the case of those who the proposition is its own refutation! Or if have left their masters, most of them are the Federal Government doe. take away within a few hours reach of their owners, all the negroes under a clairnm fonded on and the title is not destroyed, though the the war power, and thus de facto abolish actual possession is withheld by the Fed-.slavery, there exists the constitutional duty eral Government. Now, has this Convenand mandate to pay for them, required by lion by State action, have the people article fifth of the Amendments to the Con- through the ballot box, a right to destroy -stitution of the United States. The last this right of property, without providing:resort -by which the Federal Government compensation? hoped to abolish the institution in all the Legally, equitably, morally, the power of States, viz: by an amendment of the Con- the State Convention-aye, the power of stitution, Congress has refused to submit to the people, is not omnipotent for all purthe States. This paramount policy, this poses. Even Jehovah's omnipotence is cherished scheme of the North, the abolition limited by the very law of his Being, from of slavery in Maryland, will therefore fail, the commission of sin, if such an expresunlbss the object sought can be accomplished sion may be permitted in all reverence. So through State action, by a sovereign Con- the people's power.in the sense of right, has vention. Andthis bringsus to the inquiry this limitation imposed upon it. Thou,how can this Conrvention, acting on jz.st shalt not commit a mzalurn in* se. The principles, provide for carrying out the taking away of property by the State policy of emancipation in theState:? without compensation, prior or subsequent, I am not one, Mr. President, who denies- is robbery, and robbery is a nzalum in se. the power or right of a State by the action To illustrate my meaning more plainly. of its own people to abolish slavery on Would this Convention, or the people of this principles just to all classes of its citizens, State, have a right to divest the title of its and in a way authorized by well settled citizens to their lands, without compensarules. And I am willing at any time -to tion? Would it not be robbery? W'ould yield my views and submit to the fair, free the State:have a right to enter your banks and untrammlelled. expression of the popu- and seize all your capital, or your stores, lar will through the ballot box. Shall we and seize all your merchandise? Would have this when the people vote upon this:it not be robbery? -Could a majority vote -Constitution? of the people legalize:it? It would be In discussing this branch of the subject, I. none the less robbery, though sanctioned -by have nothing toconceal. I am free toavow a majority of the people.:It would -be my.own opposition to emancipation, as a, still robbery, a ma umte in se-committed by:simple, naked proposition. I am equally. an aggregation of individuals, whereby willing to express my opposition -to oeman- -they would secure themselves from the puncipation based on State.compensation. ishmentt of an act which if committed by:a And thirdly, I do not shrink from announc- single:individual would consign him to the ing my readfiness to accept-not favor-but, penitentiary. Slaves are property. Genaccept emancipation accompanied with full, tlemen -may try to avoid the issue as.they fair and just -compensation to the slave please, but the distinction between the owners by the Federal Government, based taking away without compensation of this upon:the census returns of 1860. property and any other species of.property, The reasons which lead.me to the first is a distinction without a difference. What conclusion, I do not deem it necessary to say the books upon this question? Rights the purpoess of this argument to.detail. once vested, privileges once;granted or sanc-.-My opposition to emancipation:based on tioned by the law of the State; cannot be: 654 arbitrarily divested or withdrawn by future previously subject to an existing judgment, State action. It is an incident to the. soy- is unconstitutional, as impairing the obliereignty of any government, that it may gation of the contract. take private property for public urse, of the Permit me to illustrate the mreaning of this necessity or expediency of which the gov- view of the question. The Constitution of ernment must judge, but the obligation to the United States announces that the State make just compensation is concomitant with shall not impair the obligation of contracts. the right. Government cannot take away There are many mortgages and bills of sale private property and rights without allow- in this State where negroes are the sole ing compensation.":' security, upon the faith of which the conAnd to conclude the argument upon this tract was made. Pass this article; strike branch of the subject, that independent of down this property; and then if any one of all human laws and constitutions, and of that class of persons holding such secuupon principles of right, this Convention rity desires to realize his money upon such has no power to pass this article, I refer to a contract or bill of sale or mortgage, the case of Regents of University of Mary- where is the security? By your legislation land vs. Williams, 9 G. & J., 365, where you have said it shall have no existence. the Court announced this principle, that You cannot proceed to enforce the contract "independently of the Constitution of the either by execu tion or by proceedings for a United States, and of this State. the act of sale of the property. It has been destroyed 1825 is void, as opposed to the funda- as property by this article. The result is, mental principles of right and justice, in- that you will have impaired by this proviherent in the nature of the social compact." sion of the Constitution the obligation of Here, sir, is a recognition therefore of the the contract. fact that there are rights which underlie I put for further illustration, the case of a the social compact, and are beyond the party who dies, leaving general creditors, control of State action. and a creditor who is secured by mortgage (The hour having expired, the hammer upon the real estate. The mortgagee enfell.) forces a sale of the real estate, and the entire On motion of Mr. HEBB, proceeds of sale is absorbed in the payment The speaker was allowed fifteen minutes of his debt. The general creditors, who further time. looked to the personal property-the negro Mr. CLARKE proceeded: It will be im- property-of the deceased for payment of possible for me to finish in fifteen minutes, their claims, find that it has been all debut I will proceed. stroyed by the adoption of this article. Slavery, Mr. President, is not opposed to The deceased has, no other property from the fundamental principles of right. If so, which the payment of his general creditors Revelation never would have authorized or may be enforced. Not only is the obligasanctioned it. Robbery is expressly pro- tion of the contracts made with the general hibited by both human and divine laws. creditors impaired, but the contracts themBut again, Mr. President, section 10 of selves are virtually destroyed. TIhe vested article 1 of the Constitution of the United rights of the general creditors to have this States, provides that "no State shall pass property applied to the payment of their any law impairing the obligation of con- indebtedness or contracts are entirely abrotracts." This is the supreme law. This gated. is the mandate of the Constitution of the Take the case of a conditional sale, by United States, towhich, Mr. President, you which the vendee bound himself by an have declared you owe paramount allegi- obligation which matures immediately after ance. Sir, the decisions of the Courts have this article takes effect, to purchase negroes. announced this legal principle which is The vendor is not in default. But you indisputable, that a law which prohibits a have stricken down this property. Upon levy on a portion of the debtor's property whom does the loss fall? Upon the vendor * See Woodruff vs. State 3 Pike, 285. or vendee? There is no property in the Cooper vs. Wvilliams, 7 Greenl. 273. negro upon which the contract can operate. Strong vs. Russell, 3 Watts, 294. The article clearly impairs the obligation Henry vs. Underwood, 1 Dana, 267. O'lHara vs. Lexington, i Dana, 232Perry vs. Wilson, 7 OMass, 395. Now, sir, if this article is unconstitutional Hooker vs. Canal Co., 14 Conn. 146. quoad the rights of A, B and C, it is un1 Baldwin, 220. 4 Hammond, 255. 7 Peters, 243. qoad the rights of A, B and C, it is unBarron vs. Mayor and C. of Baltimore. constitutional quoad everybody. There 655 cannot be a provision which impairs the onies —have ever ventured to do it without obligation of contracts, and hence uncon- making compensation to the owners." stitutional as to one person and not so as to They were under no such constitutional another. What is the result? It will be obligation as I have referred to; but they this. When gentlemen have consummated were undler that obligation to which all this scheme, and want to carry it out, and it men ought to bow-that obligation of eteris tested in the courts, it is my legal opinion nal justice, which declares that no man that no court in the country will decide it ought to be deprived of his property withto be constitutional. The Supreme Court out full and just compensation for its value. will decide that it is unconstitutional. In- 0 0 x If the power is unrestricted, by stead of abolishing slavery by this clause, any constitutional injunction or inhibition, slavery will still exist, because the article the restriction imposed by the obligation of will be declared unconstitutional. justice remains; and I contend that that Gentlemen refer to the abolition of slavery would be sufficient to render it oppressive in the District of Columbia. This question and tyrannical to use the power, without at of the abolition of slavery without compen- the same time making the compensation." tion never was raised there. It never was He then proceeds to argue, that where the presented before. There never was such a Federal Government emancipates, the Concase in the history of the world. Im- stitution entitles the owner to compensation mediate emancipation in the District of to the full extent of the value of the slaves Columbia, to be carried out without com- liberated. And the reasoning applies with pensation, never was advocated. Slavery equal force to the State, where the State in the District was abolished upon the basis undertakes to liberate the slaves of her of compensation. Emancipation was not citizens. so consummated in Massachusetts or any- But to return, Mr.- President. to my prowhere else. It always took effect grad- position, that unless compensation is proually. It was made to operate upon slave vided for the owners of slaves, this article property to be born after a certain future will violate the Constitution of the United time. It provided that all those born af- States, which prohibits a State from passter a specified time should be free. I as- ing any law impairing the obligation of sert, although gentlemen may look at the contracts. I ask you, sir, upon how many proposition as a novel and startling one, existing judgments, mortgages, bills of sale, that no government has ever undertaken to bonds and contracts will this article operdo what is proposed to be done by this ate? Time would fail me to specify the article; and hence when judgment comes multitudinous host of existing contracts to be pronounced upon it by a court of and rights that would be affected. competent jurisdiction, that court will It will not do to say the property is affirm that courts never before had to pass valueless. It may not be as valuable as it on such action by any government in any was once. It is worth something. Who part of the world. will say what it may be worth one, two, or Gentlemen appear startled at the novelty three years hence? The value of the proof my proposition, that this article violates perty does not affect the principle involived. the Constitution of the United States by This Convention has no more constitutional impairing the obligation of contracts and power to adopt this article, without providivesting the rights of creditors. The ding compensation, than it has to pass any novelty of the proposition, Mr. President, law or ordinance expressly prohibited by results from the novelty of your proposed the Constitution of the United States. action. When a government abolishes The doctrine is so plain that the passage slavery and compensates the owners of the of the article in its present form, without slaves, the compensation stands in place of compensation, will impair the obligation of the slave property, and no contract is contracts, that itis a work of supererogathereby impaired. The money received or tion further to argue it. paid is substituted in lieu of the slave prop- In the great case of Ogden and Saunerty abolished. Mr. Clay's words here re- ders, (12 Wheat. 213) one of the judges cur fresh to my memory in discussing a says, "A law which in any shape exempts proposition so novel: " No one of the any portion of a man's property must imEuropean powers-Great Britain, France, pair the obligation of the contract." And nor any other of the powers which have the case of Forsyth vs. Chambury, R. lM. undertaken to abolish slavery in their col- Charlton's Reports, page 324 and 331, fur ther confirms -my position if additional au- that this Government will ultimately bo thority can be required to fortify it.: -forced to acknowledge the independence of:But what of emancipation with State some part of the disaffected:region, and compensation? I am opposed to it. Now, that all the slave States north of suclh part I do not want to be misunderstood, ol will then say,' The Union for which we quoted as saying that if the State eman- have struggled being already gone, we now cipates she ought not to compensate or choose to go with the Southlern section.' to secure payment to the slaveowners To deprive them of this hope substantially for their peoperty *thus destroyed; but I ends the rebellion; and the initiative of repeat it, I am opposed to emancipation emancipation completely deprives them of based on State compensation. Who de- it as to all the States initiating it." mands this destruction of forty millions I cannot see the force of the reasoning worth of property? -Not the people of the which leads the mind to this conclusion, State of their own free will, and moved by but conceding it for the purposes of the reasons which convince their.udgment..It argument, it followvs that the Governmlent is done to satisfy the demands of those who which is thereby so materially benefited by administer the Federal Government, and is the destruction of this property, should pay founded upon a supposed benefit which is for it. to accrue to that Governiment. It is do.ne I have before melthe annexed table showto advance the National cause, to estab- ing what each county will receive, and what lish the National authority, and to restore each county will contribute towards paying the Union more speedily. Mr. Lincoln- for -the negroes:ade free, based upon State indicates this very theory in his message to compensationat the rate of three hundred Congress of March 6th, 1862. Speaking of dollars a head. This shows that at th:is emancipation, he says: " The Federal Gov- rate of compensation it would involve the ernment would find its highest interest in State in a debt of'$26,156,700, and then such a measure as-one of the most efficient only provide compensation for property'means of self-preservation. The leaders of really worth, under the enforcement of the the existing insurrection entertain the hope laws which protect it, over -$40,000,000. FIGURES FOR TAX-PAYERS. A Calculatzon of what each'County will Receive and Pay. if'State Compensation -is Carried; based at $300 a head for all Slaves, according to the Census of 1860. No. COUNTIES. DEL. ASSESSMENT. RECEIVES. PAYS. BAL. RECE'D. BAL'CE PAID. Alleganly Co 5 $8,619, 522 $199,800:$821,292 42................... $621,492 43 Baltim're Co 7 20,836,209 954,600 1,985,314 71.................. 1,030,714 71 Balto. City.. 11 128 2(8,669 665,400 12 216,084 50................... 11,550,684 50 Carroll..... 4 9,379,4671 234,900 893,702 14.................... 658,802 14 Cecil......... 4 7,695,511 285,000 733,250 04................... 448.250 04 Frederick....7 21,361,657 972,900 2 035,399 44......... 1 062,499 44 lHarford.....4 6,5692371 540,000 625,935 67............. 85,935 67 Washington 6 14,061,557 430,500 1,339,842 45.................... 909,342 44 48 $216,731,829 $4,283,100 $20,650,821 37. $16,36t,721 37 AnneArun'l 4 $6,112,450 $2,199,600 $582,41T160 $1,617,188 40 Calvert...... 3 1,723,791 1,382,700 164,247 69 1,218,452 31 Caroline....3 1,992,290 221,700 189,831 02 31,868 98'Charles..... 3 2,774,129 2,895,900:264,326 85 2,631,573 15 Dorchester.. 4 4,269,880 1,286,900 406,846 24 830,053 76 Howard..... 3. 3,843.784 858,600 366,246 61 492,353 39 Kent......... 3 4,802,222 752,700 457,569 29 293,130 81 Mlontgom'ry 3 4,718 388 1,626,300 449,581 35 1,176,718 65'P. George's. 4 7,015,750 3,743,700 668,480 49 3,075,219 51 Qu'n Anne's 3 4,878,539 1,252,200 464,840 99 787,359 01 Somerset.... 5 4,185,7251 1,526,700 398,827 74 1,127,872 29 -St. Mary's... 3:2,465,409 1,964,700 234,911 14 1,729,738 86 Talbot...... 3 4,726,241 1,117,500 450,358 19 661,141 81 VW orcester.. 4 4,275,6.86 1,094,400 407,399 46 687 000 54 96 $274,516,413 $2616,156,00 $26,156,700 $,16,367,721 37 $16,367, 21 37 657 I for one, Mr.'President, am unwilling fir'st day of January, 1865, provided the thus to make the debt of the State of Congress of the United States shall, before ~Maryland amount to almost $35,000000. -the 1st day of January, 1865, make an apI believe when we receive the information propriation to the State of Maryland, of already asked for by-an:order of'this not.less than twenty millions- of dollars,'Convention, from the Treasure'r, it will be to aid the State of Maryland in providing'found that the debt of the State would.compensation to the owners of slave prop~exceed this sum if she'assumes: to compen- elty, and the Secretary of'the Treasuly of -sate for the slaves liberated by this article. ttihe United States shall certify to the Gov-'This debt added to'our present:heavy ernor of tlhi'State that the said sum of mo-'taxation, Federal and coulity, would inm.pose ney is subject to the draft of the Treasurer a burden upon t'his and coming.generations of the State of Maryland, to be disposed of -which I should shudder to require them:to by the Legislature of'the State, to' pay the'pay, and from which their only escape owners of slaves for their slaves hereby dewould be repudz ation.'In fact;the landed -clared free; and provided'flirther, that un-interest of the State will in a short time less Congress shall make the said approprihave the larger portion. to pay, and the. ation as hereinbefore providedl, this section,slaveholder, with his large real estate, will shall be null and void, and it is hereby de-find in the end he had -onlyl taken from'one' dclared that it'shall be of no effect whatpocket to pay into the other. But what ever." follows from this? That the -State should This is the only nmode, which, in my'emanzcipate wuithout compensation:? By no Opinionl, can be adopted to carry out the means. I l'have already endeavored to show: scheme of emancipation in a just manler, ~that the State had no right to destroy.this: and which thereby avoids the commission:property without compensation, and that of the wrongs I have referred to-both lesuch action would also be unconstitutional. gal, constitutional' and moral. It is, what -It.therefore results from the fact'that she may be termed emancipation conditioned cannot competlscate, that she -should not upon an appropriation being made b'y the Emancipate, and that the status of slavery'Federal Government to the'State to aid, should remain.unchanged, unless -she.can'and to.enable her: to compensate her citizen's receive fiom some other source-full and fair'for property taken'from them. Is it not.compensation for the property of her citi-.right that'the Government which is really zens. and directly benefited should pay an equiAnd this blrings me,' ir. President, to valent? ls riot the abolition of slavery in:the:plan proposed in the: amendment Maryland chiefly urged upon the theory which I had the honor to offer, and which'that it will advance the national cause, and was to-day withdrawn.:I'shall only base tend to an almost illimitable extent to "the.my argument upon it. I shall not, Mr.I suppression of the rebellion? Suppose President, bring the Convention to a vote the Government says, to suppress this re.-:upon it. The, fact that a proposition;comes bellion, I must have all the horses in Pennfrom this side of the House, independent of sylvania, New York and Massachusetts-'all.consideration of its merits, seems suffi-:Bostoni, New York, Philadelphia and Balticient to consign it to defeat. I.shall. now'more'must strip't{hemselves of their supmerely read it, and leave it to go on the'plies of bacon, flour, medicines, hay, corn, journal, to be dealt with''hereafter,. before &'c., and forthwith place them at the dispo-'this Convention Iadjourns, as a majority of sal of the Government. Or suppose the edict:this body may deem due to the cause of jus- should'go forth, that as the manufacturers:tice, and the protection of the peopleMof the of Massachusetts have made all their wealth State. It is in these words: - from cotton, the product of slave labor, (and Amend article 23d by striking out all therefore foundedl on wrong as gentlemen after the word " that," in line 1st, and argue here';) the' magnificent fictories nuste insert: be razed to the ground, the stocks of goods' From and after the first day of Janua- must be delivered up or thrown out gratniy, 1865, there shall in this State-be nei-,itously to the public, and the wealth thus.ther slavery nor involuntary servitude, oex- -accumulated must be subdivided for the cept in'punishment -of crime, whereof the generarl good among the poorer classes of party shall have been drily convicted, and the citizens. Suppose'the same argument'all persons held to service or labor as. slaves should be. urged there, as is urged here by -are hereby declared free, firom and after the supporters of this emancipation:policy, 658 that no property can exist in anything On motion of Mr. MARBURY, the speaker based on slavery, or which can be traced was allowed to finish his remarks. back as the product or offspring of slavery, Mr. CLARKE. I thank the Convention and the Government in its work of " ad for this courtesy shown to me. Before vancing the great principles of human proceeding, I will remark, that if any rights and eternal justice" should destroy gentleman will say that he will now take this property without any compensation. the floor, I will yield it to him and decline Suppose the Government, in all the in- to go on. But if no gentleman desires at stances I have recounted will pay nothing for this hour to commence a speech, I will ask these various kinds of property. They the indulgence of the House a little longer. advance, says some loyal man, the nation- But, Mr. President, if the amendment I al cause, they contribute to the suppres- proposed should be adopted, we will not sion of the rebellion, they aid the Govern- fail to secure the appropriation. Let Mament. It is a badge of disloyalty to ask ryland assume this position; let her say to compensation for any property which so the party in power we will emancipate on materially contributes to the overthrow of these terms'and not otherwise, and the aprebels. We will pay you nothing. You propriation will be made as surely as there surely are too loyal to demand any compen- shines a sun above us. What is twenty sation for what so aids the national cause! millions of dollars, nay what would be fifty Would not the moral sense of the people of millions of dollars in these days when the the North be shocked? Aye I would you Government issues its promises as fast as not, gentlemen, be shocked at this action of the manual work can be done, compared the Federal Government, if any action with the failure of the scheme of emancipataken by it could shock you? Would the tion in Maryland? I have already shown people of the States submit? Would not the reasons why the emancipation policy in New York, Pennsylvania and Massachu- Maryland is a scheme of paramount imporsetts, nay, would not every State interpose tance with the Administration. Weighed and say compensation must be the condition in the balances with these considerations, upon which alone the property of the citi- the mere appropriation of a sum of money, zens shall be taken? And yet this is what no larger than a week's prosecution of the you propose to do, Mr. President, in order war involves, would be a mere feather. to gratify the people of the North, viz, to And you, gentlemen, who on this floor reptake away the property of the citizen of resent slaveholding constituencies fromTalMaryland without a tittle of compensation. bot, Howard, Worcester and Caroline; and Is it asking anything more than justice that you, gentlemen, from Baltimore county, all compensation shall be the condition upon of whom I have understood to express which you surrender the wealth and domestic yourselves in favor of Federal compensainstitutions of her people? Congress has tion-aye, pledged to secure it to your peopledged the Government to make an ap- ple if your action can do it-you now have propriation. Is it doing too much to make the good faith of your principles and pledges that a condition, which the Federal Govern- put to the test. Reject my proposition, ment by direct implication admits should be pass the 23d article, and fail hereafter to a condition? Is it a wrong to test the good obtain compensation for your constituents, faith and sincerity of the proposition? If and I here arraign and charge you with the Congress fails to make the appropriation, responsibility of having defeated their best, then you have, Mr. President, secured your nay, their only chance"for compensation for citizens in their rights of property, and you property taken from them. You had an have not ruthlessly deprived them of that opportunity to redeem your pledges and for which you cannot compensate. But you failed so to do. adopt the article proposed by the committee, Mr. SANDS. If the gentleman will perand suppose Congress does not make an mit me to interrupt' him, I will say now, as appropriation; then the, property of the I have stated previously,that I stand pledged citizen is gone, you have no compensation before the people of Howard county to to tender, and we ourselves, as an aggregate use all my efforts to secure compensation; body, have done that for which the peni- but not as a condition precedent at all. tentiary would be the reward if we com- They expressly rejected placing it upon the mitted it as an individual act. ground of a condition precedent. (The time having again expired, the Mr. CLARKE. My idea of the mode of hammer fell.) upholding the rights of my constituents is 659 this: We stand here to do the best we can. vocates emancipation for reasons of State We stand here to deal with the Government policy, and seeks to effect it in the exact as a high contracting party. We stand here manner which will release the General Govto make a bargain. Would any man con- ernment from all obligation or liability to sult so little the interest of any other man the State or its citizens. for whom he had to act, as to give up every- And this, Mr. President, brings me to the thing or surrender his property, and then question of the constitutional power of trust to receiving compensation when Congress under all the facts of the case, to none has been promised or agreed upon? make this appropriation to the State of Do men pay, after they get what they Maryland. want, when they will not pay in order I maintain, sir, that not only has to secure it? If the Federal Government the State of Maryland a right to make is so poor that it cannot'pay for the compensation by the General Government slaves now, and if the Government will a condition of emancipation, but the Genesay, "Now give up this property on trust, ral Government has the constitutional powand we will pay hereafter," that would be er to make such an appropriation to the fair. There would be apledge, an obligation, State, and not only the constitutional powand the contract could be carried out here- er, but is under a constitutional duty and a after by payment of compensation, or could moral obligation to pay to the State of be enforced. There would be something to Maryland, in case she liberates her slaves, hold the Government bound by. Upon a sum which will enable her to compenthese terms I would rely upon the plighted sate her citizens, based upon the number faith of the Government. But the gentle- of slaves in the State under the census of man proposes to do a wrong to his people, to 1860. take away their property without compen- Without admitting the power of the sation, and then t'rust to merely trying to General Government to make appropriaget it at some future day. In these days tions- to carry out a general scheme of of uncertainty, when no man knows what emancipation in all the States-and I the future will bring forth, I think the shall show that my proposition does not gentleman trusts to a broken reed. If he involve the maintenance of the affirmative fails, will he have carried out in good faith of this claim of power-I hold the governhis pledges? ment has the power to make such an apAdopt this proposition, and I believe propriation to the State of Maryland. Congress will not adjourn without making Slaves, I have already shown, are recogthe appropriation. It will continue in ses- nized as property by all branches of the sion until it makes this appropriation to the systems of government under which we State rather than have emancipation fail. live, both State and Federal. Slavery inll Congress would make an appropriation of Maryland has not been destroyed by the twenty, aye, of fifty millions of dollars, if war. Those in rebellion have carried off no they believed that the State of Maryland slaves worthy to be taken into consideration had made compensation the condition in this argument. They have not escaped of emancipation, as we are bound in duty to the Southern States, and there been to the people of the State to do, if we sheltered and protected by the enemies of discharge fully our obligations. Congress the government. The real value of slave would not adjourn, after the adoption of labor in Maryland has not been lessened. the proposition I offered, until the appro- On the contrary it is worth more, has priation was made. Of course, if the Con- more real value now than before the vention emancipates without conditions, it breaking out of the war, in consequence of releases the Government from all obligation its scarc]ty and the high price of agricultuto pay, and the State assumes all the liabil- ral products. While its worth has been ity resulting from emancipation. The Gen- diminished, not by the actual depreciation eral Government never will step in, and pay of the value of negro labor, it results from ex mero motu, for what the State says she the insecurity of the tenure of that property, will not ask it to pay for, and which the caused not by State action-not by the acState does freely and voluntarily, from mo- tion of a foreign power —but by the direct tives of public policy and to advance her action of the Federal Government. This welfare. The gentleman from Howard destruction of the value of slave property pursues a strange course to secure the coin- in Maryland has been produced, firstly, by pensation to which he is pledged. He ad- abolishing slavery in the District of Colum 660 bia, Maryland being slahveholding, in viola- good faith, for a permanent seat of governtion of the implied faith arising from the ment of the Union, relyinm upon the integcession of the District. Time does not per- rity of purpose, oni the part of the General mit me to express fully my own views in Government, and upon its strict compliance maintenance of this proposition. I shall with the terms of cession, in their letter and leave its verity to:est upon what has been in their spirit. more ably said by Mr. Clay, than I could "Resolved unanimously, That the State hope to. utter, in his great speech on the of Maryland never designed, nor did the compromise measures -of 1850, and a refer- General Government at the time of the cesence to the resolutions of the General As- sion, contemplate:the using of the sovesenmbly of Maryland, 1849, No. 37. reignty over the District of Columbia, to AMr. Clay on this point says: " While I the detriment of the local institutions'of admitted the power to exist in Congress,:the State of Maryland. and exclusively in'Congress, to legislate " Resolved unanimously, That any atin all cases whatsoever,:and consequently tempt by Congress to abolish slavery in the in the case of the abolition of slavery District of-Columbia, would be a violation of within this District, if it deemed it proper the implied conditions of the cession, a just to do so, I admitted upon that occasion cause of alarm to the slaveholding States, as I contend now, that it was a power and have a.direct:andl inevitable tendency which Congress cannot,.in conscience and to disturb and endanger the Union." good faith, exercise while the institution of The destruction of the value of slave slavery continues within the State of Mary- property in Maryland has been caused, see-.land." Again: "This implied:faith, this ondly-, by the legislation of Congress, violahonorable allegation, this honesty and pro- tive of the Constitution, prohibiting any.priety of keeping in constant view the. ob- mili.tary officer in the service of the -Governject of the cession, these were the consider- ment from.delivering up or returning ations which in 1838, urged me, as they slaves. now influence me, in'the preparation of the 3.. By practically, through officers of the resolution which I. have submitted for your Government and orders, refusing to -permit considera.tion. Now, as:then, I do. think the execution of the Fugitive Slave Law that Congress, as an honorable.body, acting in Washington city. in good' faith, according:to the natutre, and 4. By a systeni of military impressment purpose, and objects of ithe cession at the carried on by officers of the Government, time it was made, alnd looking at the con- and by actually taking away by Federal dition of the..ceding States at. that time- authority, large numbers of negroes not fit -Conaress cannot, without forfeiture of all for military duty, and by arresting white those obligations of honor, which men of men in the.State while attempting to prehonor and nations of honor'will -respect as. vent their negroes from.going to Washingmuch as if they were found,literally, in so: ton. ~mainy words, in the bond itself, interfere}:.5. By;protecting the slaves on their wMith the institution of slavery in this Dis- arrival in.Washington city, in contraband trict, without a violation of those obliga-! establishments,.and now in.the freedmen itions, not, in my opinion, less sacred or.less' village and other negro settlemlents on the binding, than if they had been inserted in' south side of the Potomac. the constitutional instrument itself." Cong. To e or the other of -these causes may Globe, vol. 22, part 1, page 12-1. And that be-traced the present status of tile institution the State of Maryland, the.party ceding the of slavery in this State. It has been proDistrict-the granto —so.understood the duced in some shape or form by the direct.grant as involving the plighted faith of the:;action of. the Federal'Governmentt..government not to abolish slavery in the The question!therefore is not whether be-.District without her consent, and:to the. forellhand —vhile the institution of slavery.overthrow of her institutions, I read the. is intact-Cong ress:has a constitutional resolutions of the General.Assembly..passed: power to make appropriations to carry out,February 26th, 1850. general and universal schemes of Emanci*"-Resolved.uunanimously.by the General pation, but Whether, where practically, and.-Assembly of.Maryland,: That'the State of by the:direct action of the Federal Govern-'Maryland ceded -to the United States that ment, property has;been destroyed, or taken.part of fthe District of Columbia, originally away, or has been -depreciated in value by embraced -within:her territorial limits, in. insecurity of tenure; resulting-from a breach 661 of faith on the part of the Government, or O G. and J. 1166, this sound principle of the from a failure to fulfil its constitutional ob- ethics of sovereignties is announced. ". Soligations, or from the commission of uncon- vereign States are considered always ready stitutional acts, Congress has not the pow- to do justice as to claims against them, er to pay for it, or to make an appropriation w hich are coercible by judicial process beto the State to do the same tlhing, using the tween citizen and citizen." Suppose a citState as her agent. The language of the izen had thus dealt with the slave property Constitution itself would seem to answer of any other citizen; or any other species of the question. it says: " Nor shall private property, would bhe not have been liable to property be taken for public use,without just be sued in some form of action, according compensation." Whether or not the prop- to the nature of the wrong done, either in erty has been taken, strictly speaking, for trespass, cause, trover or detinue? If the public uses, I leave the Government to de- wrong had been committed3 in reference to cide. It has been ta/ken by:the General his slave property, the remedy would very Government, or wheat remains has been probably have been trover. Who would rendered nearly valueless from the insecuri- deny that the injured party coultd recover ty of the tenure. The obligation to pay;, his dan4ages? And no proposition to my therefore, results fronm the very: language minid is-clearer than that the same liabiliof' the Constitution: "Nor shall private ty attaches to the Government as would property be taken for public use with- attach to any individual under similar cirout just compensation." After the Gov- cumstances. And further, that this property ernment has taken private property, it having been rendered insecure, having been cannot: escape frlom the obligation to taken away, having been depreciated in valt pay for it, by denying that it was taken tue by the direct action of the Federal Govfor public use. The Government, by the ernment, or from its failure to discharge act of taking, estops itself from denying and enforce its constitutional duties, there that it was for public use, and there results results necessarily a moral duty, obligation, immediately the. obligation of compensa- and lisability on the part of the Federal tion. To quote once more from Mr. Clay, Government to pay the damages, or loss whose patriotic language I recommend consequent to the owner. gentlemcn to ponder over, in these days, Where no compensation is provided for when men are so ready to escape from their or made to the ownetr for the injury susobligations, he says: "There is a: clause, an tamined, he is entitled to recover damages, amendment of the Constitution of. the which damages are the monied value, and United States, which provides that no: pro- the comp-ensation must be made irrespecperty-no private property-shall be taken tive of any speculative advantages which for public use without just compensation may accrue. to the owners of such property. Well,. I As to the measure of damages, Mr. Presthink, that in a just and liberal interpreta- ident, any lawyer will tell you " that the tion: of that clause, we are restrained from principle which measures damages at comtaking the property of the people of the mon law, is that of giving compensation District of Columbia in slaves, in consid-. for the injury sustained-a compensation eration of any public policy, without full which shall put the party injured in the and complete compensation." Again: same position in which he would have "By a liberal interpretation of the clause, stood had he not been injured." And that' it seems to me, however, that slave proper- in;trhover the measure of damages is the ty would be so far regarded-that it ought. value of the property at the time when the to be so far regarded-as taken for public wrong or inimical action was committed, use, as to entitle the owners of the slaves.or at the time of conversion, to speak more so taken to a compensation, under and.by legally. Where negroes are taken and emvirtue of the clause itself, to the full ex- ployed without the owiners' consent, the tent of the value of the slaves liberated," measure of damages is not only the value, The UniltedStates, to a certain extent, has but the injury resulting to the plaintiff from sovereign powers, or is alimited soverei-gnty. the employment. Tested by these princiAs' such the Government cannot be'sued; ples, have I over-estimated our claims? The but sovereignty'is'not thereby released measture of damages is not the value of the from: all obligations! arising from'its con- property now, after it has been taken away du't to the citizen.. In rTiernan vs. Resea- or rendered depreciated, but the value of viure 10, G. and J. 225, and Plater vs. Scott, the property so taken away or destroyed at 662 the time when this inimical action towards ered from the depreciation which had taken slavery was commenced in Maryland. WVas place in it. The votes on the passage of it not then worth forty millions, and have the bill in the General Assembly show that not the slaveholders in the injuries -result- the representatives from different sections of ing to them from the loss of labor and loss the State regarded the valuation to be a fair of crops by reason of the employment or assessment. There was no proposition to abstraction of their negroes by the Federal amend the valuation-in fact, the valuation Government, and which areto be computed approximated more nearly their market in fixing the damages, suffered a turther value than other kinds of property. Where loss of nearly twenty millions of dollars? do you find real estate assessed at its full My demand, therefore, is a moderate one. value? In my own county land worth $80 If I estimate it according to the rules which per acre, pays taxes at the rate of $40 per would govern in giving legal advice to a acre. Some real estatein Baltimore city, or client, or in asking instructions from the in the county, will be found assessed at not Court, or in argument before a jury, I one-fifth of its present market price. And should fix it at not less than sixty millions. pray, sir, who goes to the assessment books Aye, sir, in a like case, in which one man's to ascertain the value of property, or introrights were involved in a controversy with duces them as evidence of title? rTIhe slaveanother, I should claim that the injured owner is not the only one, therefore, who, party was entitled to exemplary and conse- tried by this standard, is cheating the State, quential damages. or if his property is about to be taken, in Give us, Mr. President, the twenty mil- claiming damages, will drive a hard lions and I should regard it as a mere com- bargain, if he demands more than its aspromise. If the slaveholders accepted it sessed value. they would do it as a mere compromise. Another politician of this school, which They would not be bribed thereby, nor thinks it all right to takeaway the properwould they be sudden converts, men who ty of the citizen and not pay for it, thus have changed the ideas of a lifetime. No, screens the injustice of the act. The memsir, I hope they will never change their ber who represents the 8d Congressional views or principles, and thereby dishonor District will tell you, " it is too late to detheir name, their parentage, their fame, and mand compensation-the State has already their native State. But seeing the Govern- rejected the proposition." Mr. President, ment is determined by its policy to take I deny it. I demand the time, place and ocaway all the negroes, they might contract, casion. Who are theparties to the contract? they might accept, they might sell out their The United States Government and the rights of property upon the same principle people of the State assembled in Convenwhich actuates men who, having a legal tion. They are the contracting parties. controversy, can agree upon terms of final When belore this have the people of the settlement without a waiver or sacrifice of State been assembled in Convention? No their principles. other power in the State could act on the There are two other points connected subject. Does Mr. Crisfield's action-his with this subject, Mr. President, which I motion to lay an imperfect bill upon the must briefly allude to before concluding, as table of the House of Representatives conthey have been heralded over the State elude the State? This is the first time I through the press and on the hustings as ever heard that Mr. Crisfield constituted the conclusive against this claim of the slave- State of Maryland. Did he represent the holders. State and speak for her as a State? Was he When the slaveholder claims compensa- not a membor of Congress for the 1st Contion, somewhat approximating a low value gressional District of Maryland, and as such of Lis property, some wiseacre replies, did he not partly represent the United States " Look at your assessment books. You Government as one of the contracting parhave been either cheating the State for ties and not the State. years, or you are attempting to drive a hard The National Intelligencer of May 14th, bargain as we Yankees have the credit of 1864, in an editorial entitled the' trnth of doing whenever we can." I accept neither recent history vindicated," powerfully comhorn of the dilemma. Slaves were as- bats the doctrine that the border States sessed in 1852, shortly after the set- have ever declined the proposition of emantlement of the national troubles of 1850, cipation with compensation, and says, " we and before the price of this property recov- hold it is not just to say that the border 663 States declined the President's proposition." gentleman's remarks, and placing't upon Is the opinion of the Intelligencer, vindicat- the record. ing in a grave and solemn form the truth of Mr. STIRLING. I am anxious to hear it. history entitled to no weight? Has this The PRESIDENT. The difficulty in which able journal become too conservative for the the Chair is placed, is, that if the gentleradicalism of gentlemen of the opposition man objects to any particular remarks side of this Convention? made by the speaker, they must be reduced Besides, the bill itself contemplated ex- to writing, and submitted to the House. Of tending the time in which emancipation course it is impossible to reduce to writing would go into effect until January, 1865.- what the gentleman proposes to say; and it is My proposition accords with the time fixed therefore impossible for the Chair to decide in that bill. Sir, the statement is the whether it will be out of order or in order. cunning subterfuge of a class of men who Mr. SANDS. My objection is to what has have always hated slaveholders, who hate already been said. them now, who never meant in good faith Mr. HEBB. Thatis alreadyon the:record. to be their friends, and whose conduct has Mr. SANDs. Well, I will withdraw my proven them to be actuated by a venomous point of order, as gentlemen wish to hear spirit and a single desire to injure them, to it. I have discharged my duty by protestcalumniate them, to oppress them, and to ing against it. insult them by language which they would Mr. CLARKE. I shall make no personal not dare to use except for the fact that the allusions, nor introduce anything which is bayonet shields them, and which when that not already published to the world. bayonet is removed, and all men stand once Again, the slaveowners have been paintmore upon a common platformrof equality, ed as "hopeless, wretched, miserable; praythey will not dare to repeat. ing to a God that once smiled on them, and Mr. President, much harsh language has Now frowns; they say, give us emancipa. been used in this Hall, and throughout the tion, with compensation by the GovernState against the slaveholder. The mem- ment.' Mr. President, I allude to these ber from the 3d Congressional District has, facts for the purpose, not of replying in the in one of his political harangues, speaking strain which my exemplary predecessors of slave holders and negro equality, said, on this floor would teach me, but to give "equality between the negro and them I them a historical existence, and to leave it would insult my house-servants to say them, preserving my own dignity, by they were not their equals." passing over them in silence. Who does not remember the language I deny, sir, that the slaveowner of Maused against the slaveowners of Maryland ryland is either " hopeless, wretched or by the speakers at the meeting held last miserable." I deny that he prays or begs fall at Elkton, in Cecil county. Who does for compensation fiom any Government or not remember the horror and pity which any man. He has the manliness to claim high-minded men felt, that even in the and demands his rights. He will never midst of a political contest, speakers could stoop to be a suppliant to ally power save be found who could so far forget the com- the divine. mon charities of their nature as to glory Sir, proceed with your work of striking over and rejoice at the sufferings of their down suddenly and by one dire constitufellow men? tional clause the dearest rights of property, Mr. SANDS interposed. I ask if the gen- and all you do is but to deprive the cititfeman is quite in order. zen of the representative of money, or to Mr. CLARmKE. I am arguing the im- make him a little poorer. You wrong the propriety of inserting the 23d article in widow, the orphan, and the destitute, and the Bill of Rights. from opulence, possibly send them out upon Mr. SANDS. I make'the point that it is the " coldl charity of the world." But, sir, travelling out of the way to state what oc- the men you leave still, unless you will not curred at a political meeting at Elkton. be satiated until you have their lives. Their That is hardly within the record. I think political power as slaveholders may be gone, it is not at all germain to the question; I but their political power as men exists still. raise the point of order because these things We step out to fight the political battles of shall not go upon the record of this Con-* the country upon a common platform with stitutional Convention without mly protest. you. It will be ours to hurl and wield the I object to introducing that branch of the thunderbolts of political power, no longer 664 wearing the badge of honor or dishonor Freedom, sir, for the enslaved white man which attaches to us as slaveowners. must be maintained, if even it demands the Mr. President, I contend -for the main- extermination of the black man. There tenanee of the sacred rights of proper- will. be a cry of peace, when there is no ty of every kind. You are about to settle peace. And woe to the man who resists a different principle. Property, hence- this changing tide of popular sentiment. forth in Maryland, is but a "shuttle-cock, There is power in the storm, might in the to be bandied here and there. The slave hurricane, but the people's voice will be aristocracy, as you call them, may ex- stronger than the roar of the storm or the ist no more in Maryland as slavehaolding; majesty of the hurricane. Other men, bethe " Star Spangled Banner," written by a sides the slaveownIers may yet learn the Maryland slaveholder may be forgotten; meaing of the hand-writing upon the the high-born families of Maryland may be wall: "MENE, MENE, TEKEL UPHARSIN." driven out in time; but they will leave the Mr. President, my task is over, my work record of their glory and. fame upon every is done. I have, in my humble way, page of your history. discharge.d. a duty I owe to myself, to my "Slave aristocracy" will live through constituents, to my State, and to my counall time, and after ages will respect it, for trye. I have stood up and battled for the its high standard of honor,'its exalted pa- rights of all classes, of my fellow citizenstriotism, its specimens of educated gentle- for the widow, the orphan, the aged, men, barristers, theologians, and'statesmen. the fair, and the -brave, alike. I have It will live'through all time as a model. of aimed to secure you in your homecourtesy. and hospitality. It will live' steads, my fellow-countrymen, so that in through all time as the respecter of the the, future (as ever in the past,) you rightsof personand property. Itwill live may continue to gather, day after day, in history as the best friend of the poor around your old altars to worship-enjoy white man, and the negro's kindestprotector. the bloom and beauty of your fields-and Can I say as much for that aristocracy cast your eye at morn and eve to your famwhich may perchance succeed it? For ily grave-yard, where rest for generations there is an aristocracy which is aiming your fathers, who now sleep the sleep which to take its place, an aristocracy fed on fat shall know no waking until the trump Government contracts-withoat education of God shall rouse them. If I do not sue-without refinement-without honesty- ceed in this battle for your rights, and all reared upon the ruin of the country and that is dear to high-born men, and noble, the " price of human blood"-and by its fair women, aye to; tender children, and the action every day making itself richer, and helpless innocence of the maiden-the fault the poor white man poorer. Accept', sir, is not mine. Point to every man who votes this as the true doctrine that property is for this article, and mark him through all not secured by the safeguards of law and time with the inscription, " thou art the common honesty, and the cheek that is man." [Mr. SANDS, (in his seat) Amen.] smitten will not ever turn the other to its. Thou canst not say I did it? But come smiter. "The mills of' God grind slowly, weal or woe,-whether a succeeding adminbut very small." istration of the Federal Government does. Political catch-words can be invented, us justice, or a succeeding generation metes which may come home, to others besides out equity to our children, be still highthe slaveowner. This new aristocracy born men and noble women. Onward in reared by the war, may yet see, in the faith, and leave our destiny to a God who efforts of the people to siave themselves will never desert those who battle in as holy from the ruin- which threatens.the many, a cause as ours, although we must yield in order to enrich the few, their gains, " the now to the arbitrary action of a majority price of. blood," crumble into dust and which admits that it has not time to stop to nothingness. do justice, but walketh ever in ways of its The people may yet take up in their own unlicensed choice. agony and oppression, the cry, " homes for The: ballot box maay yet save our instituthe homeless,"-" bread for the bread-. tions. Strike, men of Maryland, at. the less,"-" money for thle moneyless.' This ballot box, " for your.altars, your firesides, new aristocracy may yet be seen trying to anad your homes." skulk and hide from the swift but avenging On motion of Mr. STIRLING, pow.er of. the people... The Conventiou adjourned. 665 THIRTY-NINTH DAY.!move, therefore, that th:t order be taken from the tuable for consideration. THURSDAY, June 23, 1864. The order was taken up from the tableayes 35, noes 33-and was read as follows: The Convention met at 10 o'clcck, A. WI. Ordered, That immediately after its final Prayer by the Rev. Mfr. iPatterson. action on the Declaration of Rights, the The roll was called, and the following mem- Convention adjourn till twelve o'clock on bers answered to their names: the sixth of July, and that until staid adMessrs. Goldsboroueh, President; Abbott, jourriment the Convention hold evening sesAnnan, Audoun, Baker, Barron, Berry, sions, commencing at eight o'clock, P. M. of Balimofre coutnty,. Berry, orf Prince To which Mr. Brown had submitted the George's, Billingsley, Blackiston, Bond, Bris-ollowing amendment: coe, Brown, Carter, Chambers, Clarke, Craw- Strike out all after the word " Ordered," ford, Cunningham, Cushing, Daniel, Davis, and insert'"'hat when the Convention adof ChaialesDavis, of Washington,Duvall, Earle, of larlesDavi s,of Washinton,Duvall E jarle,journs to-morrow, it shall stand adjourned Ecker, Farrow, (-ale, G(allovway Greene, until the 6th d-ay of July next, and that the Hariwood, Hltch, Hebb, Hodson, Hollyday, per diem of the members and officers be susHopkins, Hopper, Horsey, Johnson, Jones, pended during said recess. of Cecil, Keefer, Kennard, King, Larsh, Mr. Baaa, of Prince George's, demanded Lee, Marbury, Markey, McComlas, Mitchell, a division of the question. Miller, Mullikin, Murrav, Negley, Nyman, The question then being on the adoption Parker, Parran, Peter, Pugh, Purnell, of the first clause of the amendlment, to wit: Ridgely, Robinette, Russell, Sands, Schley, That when the Convention adjourns to-morSchlosser, Scott, Smith, of Carroll, Stmith, row it stands adjourned until the sixth day of Dorchester, Smith, of Worcester, Sneary, of Jully next. Snirling, Stockbridge, Sykes, Thomas, Thrus- Mr. DANIEL demanded the yeas and nays, ton, Turner, Wickard, Wooden-77. and they were ordered. The proceedings of yesterday were read The question being taken, the result wasand approved. yeas 34, nays 41-as follows: On motion of Mr. MULLIKxIN, Yeas —Messrs. Goldsborough, President; It was ordered to be entered on the Journal, Berry,of P. Geore's, Billingsley, Blackiston, that James Valliant, of Talbot, is absent from Bord, Briscoe, Brown, Chambers, Clarke, his seat in this body on account of business ] Crawford, Davis, of Charles, Duvall, Gale, in Baltimore as chairman of the Committeei Harwood, Hodson, Hollyday, Hopkins, Hororn Reporting and Printing. sey, Johnson, Jories, of. Cecil, King, Larsh, On motion of Mr. BERR, of Prince George's, | Lee, Marbury, Mitchell, Miller, Parran, PeMr. BELT was granted leave of absence un- ter, Purnell, Ridgely, Smith, of Dorchester, til Saturday next. Smilh, of Worcester, Thomas, Turner-34. ADJOURNMENT OVER. INays —Messrs. Abbott, Annan, Audoun, -Baker, Barron, Carter, Cunningham, CushMr. CHAMBERS. There was yesterday laid I ing, Daniel, Davis, of Washington, Earle, upon the table'a proposition in regard to the I Ec arro, DGaliofasy Greene, Hatch Ecker, Farrow,'Galloway, Greene, Hatch, adjournment of this body. I understand, Jebb,'opper, Keefer, Kennard, Markey and I act upon the assumption, that there is AfcCaomas, Mulliin, Murray, Negley, Nyman, a disposition generally, and particularly Parker, Pugh, Rbiette, ussell, Sands among those who are engaged in agricul- Sch, Schosser Scott, ith, of C Schlev, Schosser, Scott, Smith, of Carroll, tural pursuits, or have interests of that de- Sneary, Stirling, Stockbridge, Sykes, Thrusscription to attend to at home, to desire a ton, cton, Wickard, Wooden —41. opportunity of being at home during harvest. So the first clause of the amendment was Information has reached me that our harvest rejected. commences, in my portion of the State, On motion of Mr. ABOTT, either yesterday or to-day. Ift' an adjourn- The order was lid upon the table terday was that it should not take place un- On emotion of Mlr. BuLLINGSLbY, ment is to take place, Ishould like to hae Ord, That it be enteed upon the it at an early period. The suggestion yes- Journal, that the absence of Mr. Morgan is til the Convention had disposed of the ques- occioned by indisposition tion. now before them. I think the development sufficiently indicates that that cannot DECLAnATION OF RIGa TS-ABOLITION OFSLAVERY. be expected to-day or to-morrow; after The Convention proceeded to the conwhich time an adjournment will not effect sideration of the 23d Article of the Declathe purpose for which it is chiefly desirable. ration of Rights, on its second reading, as I should hope, therefore, while the House follows: will indulge in a full and deep interest in " Article 23. That hereafter, in this State, this question before them, they will not wait there shall be neither slavery nor involuntary for the termination of that debate, which is servitude, except in punishment of crime, not to be-expected to-day or to-morrow. I whereof the party shall have been duly conA23- 666 victed; and all persons held to service or quiry are at hand, and the evidences of our labor, as slaves, are hereby declared free." own senses attest the fact, that the system Mr. BROWN submitted the following amend- of negro slavery, being as it is called a pement: culiar institution, is the prime cause of the Add the following: "And the Legisla- civil war now raging, and which is but ture shall make provision from the Treasury the bloody expression of. the crisis that is of the State for the comfortable support and upon us and in the presence of which we maintenance of the helpless and paupeis stand appalled. All other causes are incihereby emancipated. dent;l and subordinate to this the prime one. Mr. ABBOTT. That is for the counties to Is there. can there be a man in this House do, and not for the Legislatilre. who doubts it? Ii hether it was as ciaimed Mr. PUGH. I h ave some remarks to offer by some through an unjustifiable interference to the original article; will they be in order with this institution on the part of Northern at this time? m-en, or whethpr it was an inordinate demand The PRESIDENT. The Chair considers the for further support for it upon the part of original article and the amendment as both slaveliolders in the South, or whether it is in before the Convention. the nat ure of the institution itself to give rise Mr. PuGH. Naltions as well as individual to convulsions in the State by reason of its men paiss through certain periods of change beinr an unnatural condition of society or convulsion, called crises. whichever manner of its operation is conSuch periods in the case of nations are ceded, it must be admitted that in one way frequently characterized by upheavals of the or another, or through all these ways comrngeneral surface of society, by serious disar- binlued, it is the prime cause of the crisis; and rangement of social order, by a disturbance it becomes our duty to decide whether, in view of commercial and financial relations, by a of the troubles that surround us, the institurupture of many of the bonds of natural tion shall not be uprooted and e-very vestige union, by a violation of what are known in of it buried, enshrouded in constitutional quiet times to be private rights, by more or' parchment, and sunken fathoms deep in the less disaster, distress, and terror. These at- free soil of Maryl:rand forever; and when that tending conditions areaggravated or modified is done may all coming ages echo with curses by the circumstances under which the.y arise; upon the man who seeks its resurrection. they may or may not be terrible according This is not spoken in bitterness of spirit. as they extend to the more intimate social re- It is-the expression of deliberate conviction. lations, or are confined only to the mere po- There is much 1i ss excitement here than has litical organization of society; aid yet iu a been suggested by some gentlemen. I proGovernment like ouis, so completely inter- nounce the prayer in thefullness of its force, woven are the political with the social rela- arind no patriot can look upon this question as tions, so sensitive is each to an injury done I do and fail to utter it or indorse it. And to or a benefit withheld froni the other, that it is a question for us to determine and to deit is impossible f'or the purposes of this con- termine now. sideration to distinguish them. We seem to forget the conditions that surWe here to-day are assembled in the midst round us, and I only say seem, for it can of one of these convulsions. A convulsion hardly be possible that we do. even in view of the history of all nations of' What mean these researches into the past, far more than ordinary force, likely to pro- to rake uip from the cobwebs there, authority duce results of far more than ordinary for the inviolability of' the right to private moument-results involving nothing less than property for instance? And, by the way, the re-nodelline, to somie of us, of our do- did it occur to the gentlemen who traced this mestic relations; nothing less than the up- right back to the period of the origin of what rooting of some of our dearest prejudices are kInown as natural rights, that there are and passions; nothing less than the total ig- one or more other natural rights, such as noring or abolishment tbrever of some of' freedom and the right to -maintain it to the the old land marks of the State; nothing deatlh? Did it occur to them that that vested less than, as it appears to most of us, the or- rioht was hardly a natural one hicli, under ganizing out of disorder and threatened ri favorale change of' conditions, can stand anarchy-security and hatppiness; safety to up and knock its owner down and reverse the the State and the nation. relations? Possibly not, since they failed to It is a convulsion of which we as a State only meurntion these trifling matters. form a part, and by the unsurpassed violence Why, 1 say, do we have these endless refof which we might be overwhelmed; a con- erences to authorities, which, when examined, vulsion so universal in its effect that the only show that there were men otherwise wise world is shaken by its throes. To irnquirei enough who upon this subject were sinmply in immediately into the cause or causes of it, error? and to apply the remedy without the least Mlen did thus and so under circumstances delay, is our duty as men. that surrounded them. Were those circumWe have inquired, years of recorded in- stances similar to those of our day? We are acting amidst, and being acted upon by the I At its bidding also the General Governsternest facts of all history. Were the facts ment was perverted into a despotism, and which justified their theories similar to those while in its written form it provides that conwhich are acting upotn us? The great past sciences should be free, it required Northern is useful to us only in so far as it becomes the men, who believed as they believed in a God, lesson of experience. To that end no man can that every slave was wrongfully held in bondgive a more attentive ear to its teachings than age, and had a natural right to break those myself. bonds and seek his freedom whenever he had From that di'stant day when the Chaldean the power-required these men I say to assist shepherd tending his flocks on the holy plaits in hunting down and returning into slavery of the east by day, and studying the stars by every fugitive that escaped. And the politinight, gave us our first rude lesson in astron- cal power of the institution had become so omy; from that day to the present the whole great that all these demands were complied tast is foll of' instruction and should not be with by Northern men in spite of the fact that.disregarded, and I do not disregard it. But their own judgment and the judgment of in the meantime we must not forget that we most of the disinterested civilized nations are making history and making it rapidly; condemned it. that we are to-day living in times when ac- Is it aggressive? Commencing as an untion, immediate action, is indispensahble; when fortunate system of labor, acknowledged as inaction or too much delay may lead to na- an evil to be borne with temporarily, it has tioll death. gone on and on, grasping for power, and seAnd yet it is notorious to this body that curing so much thatt it is able to-day to tomes have been brought in here from day to shake to its centre our whole form of Govday. Harangues have been dealt out to us ernnlent. in detail and with ability. To show what? On the other hand, is it beneficent? The Simply this: That with an experience very vot:ariesof the systemc.1i thatiti$ beneficent limited in importance in comparison to that to the negro; that it christi-a-tze6s and civilthrough which we are now living and strug- izes him. The statute books of the Southern gling, some men argued that a certain theory States are written all over wit;h the denial of of our Government was the true theory. Do this statement. I need not deny it. The laws the facts justify that theory? that sustain the system announce continually So here upon this 23d article we are again the fact that in order to keep this species of listening to authorities by which it is sought property secure they must deprive them of the to be shown that the institution of slavery is rights of religion and civilization; as for infor instance beneficent, when we ought cer- stance, the most sacred of all temporal rights, tainly by this time to be convinced by facts to read the Bible and to keep inviolate the that on the contrary it is malevolent and vin- marital obligation. This is not inconsistent dictive; or that it is for instance conciliatory with the system, but on the other hand is a politically when every political development part of it. A slave cannot for a moment be of it has been aggressive beyond all precedent supposed to be a man. of aggression. Is it beneficent to the master? Even that Isit aggressive? Letussee. Thisinstitutioln, I deny; and it is no new doctrine; it is the claiming to be only local in its character, old American doctrine. The very essence of praying only to be let alone, has been shown the American idea is that labor is respectto be in thd course of this debate so insatiate able. Slavery makes laboro lisreputable;, hence and persistent in its demands upon the non- the master learns to look upon laborers with slaveholding portion of the country (from more or less contempt. Being an American, whom all the boon it asked wasto be let alone) and indorsing with my whole heart this that considering its demerit, the whole world Americanr doctrine that labor is not only rewas astonished at the forbearance of the spectable, but is the source of all power in North. In its interest almost all the Presi- a nation, I must conclude that for this reason dents have been elected. Over the damning alone the institution is not beneficent to the course which its votaries marked out was the master; and by the master I mean the comonly road to political success. munity interested in the holeding of slaves. At its. behest the State Government was The whole society takes the cue, and the obliged to lay its iron hand upon good "' one-headed nigger man" follows the lead Christian white citizens: everywhere, who ut- of the one with the hundred heads. The tered a word at the instance of their con- young ladies look down with contempt upon sciences, which could be tortured into fialling mechanics, railroad and steamboat men-the within its interpr-tration of the term " incen- artificers in fact of our nation's greatness. — diary"-a word by the way with an applica- I have understood that the young ladies of tion invented to suit this institution, and as North Carolina would associate with store applied in its behalf, now standing indelibly k;eepers,-"sto keepas" they pronounce itfixed in American record to her everlasting but with nothing lower. shame, as the initial of a history more ter- Now, I conceive that all such ideas are the rible than that of the inquisition of Spain. very reverse of beneficent. Look at the re 6:68 suit. Who but the laLcrers of the land, en- So then, this system which we are here couraged by the assurance that labor is re- assembled to obliterate, seems to me to be spectable and honorable, have made'our na- aglgressive and not conciliatory, malevolent tion what she is? —have hooped half a conti- and not beneficesnt, even to the community nent with railroad iron; are even now, in which fosters it. spite of the ~war, driving the iron horse snort- Members here are pleading for the existing towards the rocky mountains, and will ence of this institution, and we are referred eventuelly send him bhistling and roaring by the gentleman from St. Mary's (Mr. to the slopes of the Pacific? Billingsley) to Roman and Grecian slavery. Who but they bring from the bowels of No one doubts the fact of the early existence the earth every treasure that is hidden there; of slavery. There appears to be no period convert the fire and the water, and the light- in the world's history when it did not exist. ning into so many additional hands with It is also equally true that the effects of the which they manipulate and educe all the system upon society were alike disastrous in resources of the country? all times.'l he whole force of the slaveholding inter- The institution existed in the ancient reest in the South is set against this industry. publics of Greece and Rome, and wits SusI remember once seeing a railroad in Louisi- tained by the same ar:uments that are adana,, it ran from Bayou Sara to Jackson, vanced in its support to-day. It required Mississippi. I was riding through that coun- the same departure from humane forms of try in a buggy, and was perfectly astonished government, and was the principal cause of at the way it was managed. The first thing the downfllIl of the nations tolerating its exI saw was a tank of water underneath istence. One fact is remarkable, that in so the track, or near it; and I could not con- far as any State or nation became more enceive what that was for. After a while the liphtened or christianized than another, the engine came along, and the train stopped treatment of the bondman became milder, there. Buckets were produced by the engi- and the institution generally less abhorrent. neer and fireman, and I think the conductor In the Grecian States, the condition of the also assisted in the operation, and they lifted slaves of Athens was far higher than that of the water out of that tank in buckets into the helots of Sparta. The Spartan masters the tank of the locomotive. This not only were more physically developed, and the astonished me at the time, but proved to me Athenian masters more intellectually develhow much behind the age these people were oped. in comparison with the people of a country One other fact must be noticed, that the where labor is encouraged among the intelli- ground of justification taken by these antigent classes of society. One of the necessary christian slaveholders, was the same as that results of such encouragement being to pro- taken by the christian slaveholders of to-day, mote facility in travel and trade. namely, that they, the maosters, were the suNor is it beneficent to the non-slaveholder; perior race, and were of right and by birth on the contrary, it is to him a curse, the full entitled to enslave their inferiors. force of which.he cannot know until once Mr. BILLINGSLEY. The gentleman does not altogether without the pale of its baneful in- understand the position which I assumed ftuence. There is a class of people in the with regard to the subject, which was this South-I mean south of Maryland-totally slavery existed under the Jewish and Chrisunknown in a free State; and in this state- tian dispensalion; and in illustration of that, ment I challenge contradiction. They are it existed at the time of St. Paul in a more called'poor white trash," a miserable hybrid aggravated form than it had ever existed race, neither black nor white, that is, in here, even in our colonial period; and yet he class. They live generally on the barren left nothing on record against slavery; and ridges;; they own nothing, but are allowed consequently slavery was not a sin. to live upon the edges of plantations, on the Mr. PuoG. That was another branch of uncultivated outskirts of other people's the gentleman's argument. I shall come to lands; and so also do they hang on the that view of it presently. The point I am edges of society on sufferance, half' poachers now making is, that the Grecians considered and half vagabonds, and no doubt drag out all their enemies barbarians and inferiors. their miserable existence under the belief that Aristotle says, 6' with barbarians the family other poor white people live as they do. I consists of male and female slaves, but to the always believed that Mr. Hammond in allud- Greeks belong dominion over the barbarians, ing to the " mudsills of' the North," meant because the former have the understanding just such a class; but there is no such class requisite to rule, the latter the body only to in the North, and I can prove what I say, obey."' and defy anybody to prove the contrary. Now, sir, why did not the gentleman go This is no one's faultin particular. It is on with his statement? Why did he not the result of no particular law on the statute give us some of the causes of the decline and book; but is simply the absolutely necessary fall of the great Roman empire? Did he result of the system. forget, or did he purposely overlook the fact. 669 that this substratum of oppressed society was civilized, christianized, chivalrous Roman frequently bursting forth into terrible and nation, after years of -oppressive slavery. bloody violence? Does he remember to have I am sorry to find that that gentleman, and read of one Spartacus, who himself a slave, that other gentlemen have perused history at the head of an army of slaves, had at one and recalled past events to so little purpose. time the proud city of Rome at his feet? The gentleman from Prince George's (Mr. Does his reoading lead him to the conclusion Clarke) must have travelled through the past that any State can endure, (amid other trials under a cloud more impervious than that to which I admit that empire was subjected,) which enveloped _Eneas when he paid the these ebullitions of bondmen bursting their visit to Dido to which he refers. chains, these outbursts of manhood nobly r. C. did not refer to the visit asserting itself in blood, if necessary? and I referred to the visit of that there will not a time come when the last to Queen Dido. I referred to the. visit of outburst shall happen, and the fall succeed? Juno to King IEolus. Does he not in his reading recognize the Mr. PUGH. I was under the impression fact which we assert here today, that the li- that the gentleman also referred to the visit centiousness, the fatal luxuries, the high and to Queen Dido. At any rate the gentleman riotous living of the chivalry of Rome, are will remember that neas was enveloped in conditions of society necessarily incident to a very mysterious cloud by Venus when she any system of human slavery, and must, as took him to see Dido; but I think that under surely as effect follows cause, lead to ruin? which the gentleman has travelled through the Does he not remember who it was that finally past, must have been more impervious, for overran the Roman empire, blotted it from if my memory serves me, zEneas could see, the map of the woldl, as it were? who it was although himself unseen. Gentlemen seem that sacked the immortal city, mutilated its to have travelled through the past, either not works of art, desecrated its temples, trampled seeing the facts, or without being profited under foot its sacred records, scattered to the by the sight. winds its accumulated lore? —The Goths and Why have they failed to see-why do they Vandals,-to the Romans, barbarians-to the now fail to see that though slavery has exbondmen of centuRmies, avengers? Does the isted in some portions of the globe in all gentleman remember among others, Attilla ages of the world-why have they failed to and alaric. see that which is the truth attested by the facts throughout the whole record, that it " Nor blade of grass again was seen has always been a point of serious weakness in Where Alaric and his hosts had been." the State, that it never had any other ground Hear also the further words put into the oof,support, but the false pride of those in mouth of this barbarian by the puoet- in power, but the assnumed superiority of one race over another, or the still baser plea "Not for myself did I ascend where equality was admitted, the uncertain In judgment my triumphal car; chances of battle between equals-and further-'Twas God alone on high did send more, that it always led to enervation, licenThe avenging Scythian to the war, tiousness, premature disorder in the State To shake abroad with iron hand,' and ultimate decay?'ThIe appointed scourge o.f his command." AIMr. President, I repeat my admission, that the institution has existed in some form' With iron hand that scourge I reared or other from time immemorial, even since O'er guilty king and:uilty realm. the advent of the Saviour; but while I admit Destruction was the ship I steered, it I wish to call attention to the fact that all And vengeance sat upon the helm, Christian nations, excepting Spain have abolWhen launched in fury on the flood, ished it, and also to call attention to the difI ploughed my way through seas of blood, ference that exists in enlightenment and And in the stream their hearts had spilt, general civilization between the European Washed out the long arrears of guilt.' nations that have abolished and the Asiatic nations that to some extent tolerate the "Across the everlasting Alp system. I admit that it has not been conI poured the torrent of my powers, sidered unchristian by some expounders of And feeble, C tsars shrieked tlr help the Scriptures, but at the same time I ask In vain, amid their seven hilled towers. gyou to observe tha.t this is not the only' outIqmeenchedl isi blood the brightest gem rage against human nature committed in the Thait glittered in their daiadem, name of the Lord. The bloodiest page of all And struck a~darker deeper dye, history is the ecclesiastical page. In the purple of their maesty; And bade may northelrn banners shine - But, sir, while I admit these things I claim Upon the conquered Palatine." that there is nothing in the record to show that it is other than what it has shown itself This was a barbarian-to the Roman na- to be to us, —dangerous and finally fatal to the tion a slave; and this was the fate of the State; that its fruit is as the fruit of all sin 670 and all error, bitter to the taste: and that sition to it was in 1794, when "it was enits fruition ends in terrible retribution. acted that no person in the United States Now, let us inquire into the origin of the should fit out any vessel there for the pursystem in this country. pose of carrying on any traffic in slaves to It was generally admitted by the framers tany foreign country, or for procuring from of the Constitution that the institution should any foreign country the inhabitants thereof he tolerated, and tolerated only, and the hope to be disposed of as slaves." In 1800 it was both expressed and implied was that the dny enacted that it should be unlawful for any would soon come when the slaves would be citizen of the United States to have any p1oliberated throughout the land. It is not my perty in any vessel employed in transporting purpose here to go into a detail statement of slaves from one foreign country to another, the views entertained by the sages of that or to serve on board any vessel so employed. day. The record is open to all. The views Any of the commissioned vessels of the United of Washington, Jefferson, MIdison, Henry, j States were authorized to seize and take any Randolph, Jay, Hamilton, &c., were ably vessel employed in the slave trade, to be proalluded to by the gentleman fiom Caroline ceeded against in any of the circuit or dis(Mr. Todd,) and by my colleague (Mr. Scott.) trict courts, and to be condemned for the use I had intended to do so, but will not delay of the officers and crew of -the vessel making the Convention by any extracts from their the capture. In 1807 it was enacted that speeches or writings. after the 1st of January, 1808, it should not be The framers of our Constitution could not lawful to bring into the United States, or as a body utter the word "slave" as connect- the territories thereof, from any foreign ed with the American Government, and the place, any negro, mulatto, or person of color word does not appear in that instrument. with intent to hold or sell him as a slave; How could they do it? they who in 1776 and heavy penalties are imposed on the riohad given voice to the immortal expression: laters of these acts, and others of similar im-' We hold these truths to be self evident," port. In 1820 it was enacted that if any &c. Every schoolboy knows it by heart, citizen of the United States belonging to the and I need not repeat it. How could they company of any foreign vessel engage.d in the do it? they who sat under the dome which slave trade, or any person whateverbelongcontained it, and heard the tolling of that ing to-the company of any vessel owned in bell upon whose rim it is written, "Proclaim whole or in part by, or navigated for'any citiliberty throuchout the land to all the inhab- zen of the United States, should land on any itants thereof?" foreign shore to seize any negro or mulatto, I do not deny the fact that the institution not held to service by the laws of either of was recognized by the Constitution; but I do the,States or Territories of the United States, say that it was done indirectly and not bold- with intent to make him a slave, or should ly nor in the manner generally adopted by decoy or forcibly carry off such negro or those celebrated men in making their sonor- mulatto, or receive him on board any such ous announcements to the world. vessel, with the intent expressed, he should So then thelinstitution became one of the be adjudged a pirate, and, on conviction, fixed institutions of the country, and from should suffer death. The. same penalty was that day to this it has been one of the principal extended to those of the ship's company who causes or trouble to the nation. From that should aid in confining such negro or mulatday to this there have been abolitionists. to on board of such vessel, or transfer him on From that day to this it has been securing the sea or tide waters to any other ship or vespower and grasping for more, until its tire- sel, or land him with intent to sell, or having less devotees, (justif ing by their demands the previously sold him. adage that "whom the gods would destroy Thus, in 1820, the slave trade was declared they first make mal,") are represented here to be piracy. to-day with us attending its funeral in Mary- Now, I wish to notice some views frequentland. ly expressed here to this effect, that the North It has been claimed, with some bitterness, sustained the slave trade, and that even in by the gentleman from Somerset (Mr. Jones) later times the slave trade has been carried that the abolitionists are the cause of all our on by Northern money in Northern ships. troubles. He speaks of an abolitionist as While I do not see what bearing this fart though he were a sinner. The gentleman has upon the question I wish to state my cannot mention the day since slavery existed ground. I do not deny the fact that there that there were no abolitionists. Let me ask have always been plenty of slaveholders in the gentleman, has not a man a right to be spirit in the North. I might just as well opposed to slavery? And being opposed, deny the well known fact that there is a large has he not the right to express his opposi- minority of slaveholders in spirit there to-day, tion? No institution can live that will not and that they are unarmned (therefore the w;ithstand and survive discussion, especially baser) rebels to-day at heart. I assure the in America. gentleman that I am not oblivious of copperThe first authoritative expression of oppo- heads, nor of the venom of their bite, nor of the fact that they abound to an alarming ex- such useless bloodshed shall be stopped. It tent in most of the Northern States; nor of is awful to think of. the other fact that they were opposed to this "It is a very difficult matter to get a surConvention for reasons precisely similar to geon in this city, or in any other. All the those urged by the opposition in this State, leading surgeons have gone to the battle. and that since the Convention assembled they fields to attend to the wants of the fifty or are opposed to abolishing slavery in Mary- sixty thousand that are wounded there. The land. Two of them, one from New York, government is still sending on for more surarid one from Pennsylvania, talked with me geons from the States. Seventy or eighty once on my way here and urged the above will leave the St. Nicholas to-night. views. The meanest slaveholder on earth is' Every republican of standing holds down yrourJtee State slavery pimp. his head with shame to-day when he is satisWitness the following from the Stdndard, fled that the reports of victories are all false (London) over the signature of':M~anhat- and wicked. tan." This model democrat of the copper- " Gloomy as are the accounts from the Pohead persuasion has, in the Standctard of the tomac, we must prepare for the worst. Two 30th nlt., two columns of fabrications where- of our hospitals in the Wilderness have been of the following are samples: captured by the Confederates. We lose a ":NEw YORa, May 17. few thousand of our wounded prisoners.'"The disgraceful wholesale lying about Every moment we may expect to hear of the the war and victories still continues. Noth- capture of Fredericksburg, and 30,000 or 40,ing like it has ever been beard before since 000 wounded. the world began. lMan~y believe we have re- "When the report came that Gen. Lee was ally achieved a great victory. There is one wounded, I heard one of our leading merman who does not believe it, and that one is chants observe, "I would purchase a c:artLieut.-Gen. Grant. For the first six davs of load of gold and give it away, if it would rebattle, his army was being exterminated so store him." rapidly that had it continued two days long- "It is stated that our man, Gen. Steele, er he would have fled the battle-field. He is and 9,000, has. surrendered to Price at Camdaily supplied with reinforcements. Troops den, Arkansas. I should doubt this Congo from here. Troops go from the West. fedbrate report had not Stanton stated that The fortifications about Washington have he l knowsit to be untrue. This satisfies me been drained of troops to go to the aid of that it is reliable, and that we have lost that Grant. At least 100,000 have been sent on number. since OGrant-comnienced fighting, and the new' From the Mississippi our news is too had men have been engaged in some of the se- to be spoken of. Our next news will be that verest battles. It is estimated that Grant Banks is captured." has lost 85,000 to 100.000 men-wounded Let me ask the gentleman from St. Mary's, and killed. The Confederates do not seem to who recalled the talismanic import of those have had a fancy for taking prisoners, as old words: "Roman citizen,"' let me ask they would be an embarrassment. In spite him, I say, to join with me in the anathema of all the lies of Lee being wounded, in re- which shall consign to endless infamy this treat, and so forth, he has not fallen back one base abortion of an American citizen, who mile. He is still at Spotisylvatrii Court c:ir thus hiss into the ear of a foreigner an House. Grant to-day cannot move a mile intimation of' his country's shame. without more men are sent to him. Mr. CLARKE. I hold in my hand a copy of "'Al the States have been requested to the "'New Nation," of June 18th, the organ send on as many men as possible, within fif- of Fremont, and this states that the losses of teen days, to serve one hundred days. Gen. Grant, up to date, amount to one hun" We exlpect this afternoon a despatch or- dred and twenty-five thousand men —killed, dering on all the State troops to the defenrce of wounded, prisoners, and stragglers. What Washington Governor Seymour is in town, does the gentleman call, this authority? and ready to act as a patriot should act, Mr. PUGH. He is a copperhead whoever when the news comes of disaster to Grant. uttered it. The gentleman must bear in mind He hopes for the best, but he is prepared for the date of this letter. the worst. When the news reached here IMr. CLARKE. It is not a copperhead who yesterday that Beauregard had passed Gen. males this stateme,,t, but one who is recogButler, and had joined Lee, there was almost nized as a republican. a panic. No man can feel easy until he gets Mr. PUGe. -low does the gentleman know the positive news of the effect of that union. iwhom I call copperheads? That it will be fearfully disastrous upon the Mr. CLARKE. I understood the gentleman exhausted divisions of Grant,. cannot be to refer to democrats. doubted. We have some hopes that when Mr.. PUGH. No, sir; I did not say demothe bloody news of the past fortnight (to-day) crats; I said copperheads-the whole genus. is fairly before the English people, that they I call all copperheads who forget this hour will rise up in a solid mass, and declare that of their nation's disaster and distress, and 6v2. when we are defeated, who do not, instead November, 1861, and that happened only of walking with their heads down, stand up because it suddenly occurred to the American to the work; every man who is not ready to people and the government which they electshoulder a musket and go and fight whenever ed and were ready to sustain, that the instihis country needs him. Such men I call tution of slavery was driving its fangs into copperheads. The gentleman overlooked the the vitals of the nation and must die. It point I made. that the scoundrel who hisses was only when the governmnt had become that slander and lie into a foreigner's ear at least partially anti-slavery. pretends to be an American citizen, and is a And how can the slave trade besuppressed native of the soil and a Northern man. effectually as lo ge as the system of slavery Mr. BILLINGSLEY. With the gentleman's itself exists? It is a part of the system. You permission, I will say that when I used the create a market more enticing, appealing expression I am a Roman citizen, it was in more strongly to the cupidity of men than regard to the charge of Cicero against Verres ans other known. The adverturer need onin his oration against his exactions, that even ly dodge the law (not vigilantly guarded or the exclamtion "I am a Roman citien," promptly executed) which he knows you that had always been respected up to that wink at, nnd he receives at your hands an time, did not save a man fromn the scores of immense reward. le supposing that he has the lictors. I said also, that we boasted of the patriarchal ideas that you have, (and yotu lteingo American citizens; but did that save would certainly enc urage him to entertain us from, the desolation of our homes? I ask them) knows, firstly, that the institution is the gentleman whether he justifies this Gov- beneficial to the African race, for you teach ernment in going into Mafryland and taking him so; secondly, that the whole Christian away by force the servants that are of no use and political community with whom he assowhatever to the Government, the aged wo- ciates, sustain it and demand its protection men and children. and diffusion. Hence how can he be otherMr. PUGH. The gentleman will be an- wise than convinced that the law which swered hereafter. I undelstood perfectly makes his act piracy is a mere matter of form, well the manner in which the gentleman used and means nothing practical. the words "' Roman citizen," and T only up- Rest assured, gentlemen, the only enemies pealed to him as having recalled the talismcan- of the infernal slave trade, denominate d piic import of those words, to join with me in; racy, are those who are also the enemies of the this anathema against a base American citi- institution of slavery itself; that all arguzen. ments that can be made to support the one May there never be for him in any country will support the other, that when you once or in any clime, a sterile rock or blade of indorse the idea that one man can absolutely grass that he can call his own. May his fate own another, the limit is reached, and there be that of Arnold, who in the presence of' is no atrocity against human nature that canTalleyrand, exclaimed, " I am the only man not in some manner be justified after thatt. born in America who can raise his hand to It was this infamous commerce that first Almighty God and say, I have not one friend, roused the people in this country; but their not one in all America." Such American opposition was of a mild-form. The original citizens do not deserve to have a country or abolitionists of the North were opposed to all protection. governmental interterfence with the instituI admit the fact also, that some Northertn tion, they only claimed the right to speak and men favored the slave trade, abhorrent as it persuade people of the wrong. is, and would probably do so to-day just as The Institution meantime had not become the leaders-the outspoken leaders of this the lever of political power that it afterward rebellion, and in fact a large majority of all became. The opposition to the admission of aveoldes would favor it to-dayMissouri was rather a moral than a political opposition on the part of a large portion of It has never been suppressed, never will be its opponents in the North. Then the cotton suppressed until slavery is abolishbd. Ever gin was invented, and avarice shook hands since the act of 1820 was passed, it has exist- with vice. The evil grew ponderous and the ed and been winked at, and every brute en- opposition alarmed; and such wns the skill gag-ed in it protected by chicanery and fi- with which this lever was handled, and such nesse. It was placed on the statutie books the force with which it operated by alppealwith all honesty doubtless, but in view of ing to the prejudices of the people, raising results under it, the impression must pre- the cry of negro equality, &c., holding convail that it was only placed there to look stantly the balance of power, havingf one well-a- soothing potion administered side- watch-word that rallied the whole section to ways to appease an outraged community. their standard, that indeed it seemed at one What is the fact? The statute has been time as though the wrong would triumph, written, the laws enacted since 1820; during and the country be a slaveholding nation as a forty-one years there was not one convicted whole. under it. The first was that of Gordon, in Then came the compromise measures of 673 1850. Jefferson Davis, on January 29, 1850, in view of the thorough canvass of the whole said upon that compromise: subject before the people of the State, I for " That I may be understood on this ques- one am ready to declare, that "hereafter in tion, and that my position may go forth to this State there shall be neither slavery nor the country in the same columns that convey involuntary servitude, except in punishment tilhe sentiments of the Senator from Kentucky, of crimne, whereof the party shall have been I here assert that never will Itake less than the duly convicted; and all persons held to serMissouri Compromise line extended to the Pa- vice or labor as slaves are hereby declaredcific Ocean, with a specific recognition of' the free." right to hold slaves in the Territories below that It is a favorite mode of the gentlemen opline; and that, betbre such Territories are posing the adoption of this article, to quote admitted into the Union as States, slaves may incessantly words spoken by men now living, be taken there from any of the. United States never mentioning the circumstance that their at the option of their owners." words now might be far different from those To whichi Henry Clay replied: utteredl even a year or two ago. "I am extremely sorry to hear the Senator If they would appeal to our reason at all from Mississippi say that he requires, first, the on behalf of the position they assume, they extension of the Missouri Compromise line to ought, at least out of respect or courtesy, to the Pacific; and also that he is not satisfied pay some attention to the fiact that we are in with that, but requires, if I understand him the midst of an awful crisis; that the fate of correctly, a positive provision for the a dmis- our country depends upon the arbitrament of sion of slavery south of that line. And now, battle; that as the chances of war vary, we sir, coming from a slave State as I do, I owe are necessarily obliged to change our views. it to myself, I owe it to truth, I owe it to the It seems so useless to go into an argument subject, to state that no earthly power could to show why this is necessary, that I can induce me to vote for a specific measure for scarcely notice it with patience. However, I the introduction of slavery where it had not will say this much: At the outset of this before existed, either south or north of that war, before the war commenced; in fact, firom line. Coming as I do from a slave State, it the formation of our Government-(have is my solemn, deliberate, and well-matured the- gentlemen forgotten? ) —-it has been determination that no power-no earthly the desire, the earnest effort of all Union power-shall compel me to vote for the posi.- loving citizens to yield up to the slaveholderstive introduction of slavery either south or almost all that they demanded, until further north of that line. Sir, while you reproach concession would: have been equivalent to in-and justly, too-our British ancestors for famy. the introduction of this institution upon the So it was, that in 1861 and 1862, resolucontinent of' America, I am, for one, unwill- tions were passed such as have been quoted. ing that the posterity of the present inhabit- But they would listen to no terms but their ants of California and New Mexico shall re- own Does not the gentleman remember who proach us for doing just what we reproach it was that defeated the Crittenden resoluGreat Britain for doing to us." tions in the Senate? It was the slaveholders, This shows the position of the two great by dodging the vote, that defeated the resluleaders at that time. Henry Clay, were he to tions, and they fully intended that it should utter these sentinments to day, would be called be so. an abolitionist. In fact, he would be an Another argument is that it is detrimental to ab:litionist with the rest of us, were he now the'mnaterial interests of the State; and very living. many comparisons have been made. There From that period the vexed question has is one point which has been altogether overbeen before the people, politically as well as looked When the gentlenman referred to New morally and religiously, and out of it directly Hamlpshire and Vermont, he forgot to nmention and as a sequence of' its agitation, arose this that there were other reasons why these States war. There was no possible way of satisfy- did not prosper as well as some others. Let ing the South but by giving- up the whole me ltake a case with which I am very familiar point at issue. They had educated them -the case of Old Virginia, right across our selves into the belief that a trifling show of border-and Ohio. They are contiguous fight on their part would secure to them the States, containing nearly the same amount of power they demanded, the power to curse territory; and what is the statement? Ohio: with their iniquity every foot of virgin soil was settled in 1788 by 47 persons from Matssaover which the standard of the nation waved, chuse'tts, Rhode Island, and Connecticut. the guaranty of protection to all peoples; Two years after, it contained 3,000 inhabitthey fired upor that fla,, and they or their ants. Thus they started in the race. The empire will perish beneath its folds. population of Virginia in 1790, I cannot And now, sir, in view of the above hastily find; but in 1800, Ohio contained 45,365 insuggested coisiderations, and in view of the habitants, and Virginia 880,200. In 1820, more elaborate and more able presentations Ohio contained 937,637, and Virginia 1,211,of the question by others on this floor, and 405. In 1860, Virginia. had 1,596,318, Ohio 674 over 2,339,511. Yet no man can deny that statement that they will not work unless all the advantages were in favor of Virginia. driven by the lash. It is the slaveholders' I challenge any man to come forward, upon plea for brutality, and is unworthy of a freethis floor, and prove to the contrary. Vir- man. ginia had, in the first place, the finest harbor Do the facts justify the statement? There on the continent, magnificent lands, every is a great difference in men of all races in revariety of land, unbounded mineral resources, spect to work, so it is true many negroes are and greater than all, she had the wise men lazy and avoid work as much as possible, but of the nation. She has been justly called the I need no other evidence than my own e-emother of States and statesmen. She had sight to convince me that they work better all the wisdom of most of the fathers of our when free than they do as slaves, as I have country. Yet, in spite of all her advantages, seen both classes at work, and Leing a workwhere was she before this war broke out? ingman myself, have long since decided that She had not in all her borders a single town as a mere matter of fact the free blacks at that was fit to be called a city. With one of work as contrasted with slaves at work furthe finest harbors for commercial purposes in nish another evidence of the truth that the the world, with 15,000 square miles of coal greatest inducement to toil, and the only refields, and iron without limit, with the ad- lief to the heavy burdens of life, is the reflecvantages of a climate far superior, and with tion that thereby we secure our own happiable men to steer her fairly and keep her ness and that of those around us; and fulfil properly guided in the race, she has not to- to that extent the destiny for which we were dav within her limits a solitary city worth created. calling a city. Richmond, in 1860, had a population of 37,910, while Cincinnati had a. tries w here slaves have facts in those counpopulation of 161,044. You could almost tries where slaves have been freed? They lose Richmond in the city of CincinntIi. I tried an apprentice system in the West Indies ask reasonable men, what is the cause of.after slavery was abolished, and abandoned this difference? I challenge them to show itbecause the free labor system was prefeaI le t tso ble. How is it in our State where some of the that it is anything else than slavery-all negroes who work are fJ'ce? the conditions, excepting that one alone, The hor havin re the hammer fell. being in favor of Virginia over Ohio. I need f make no further comparisons whatever. On motion of Mr. BaRaY, of Prince George's, In defence of' the system it is claimed, first, The speaker was allowed to conclude his that there is no other way of making the ne- remarks. gro population available. The expression Mr. PUGH proceeded: The second point that free negroes will not work is used on urged by slaveholders is this, that the labor every hand. Many men who otherwise would of free negroes will come in competition with have no objection to freeing them have heard whitelabor. It has always occurred to me that this statement so often repeated that they be- this cry was raised simply for the purpose of lieve it, and are staggered by it. Is it true? political effect. The wonderful fund of poIs there anything in their nature to justify it? litical power which has always beeru held and and do the fiacts sustain it? I believe not! mercilessly wielded by this institution is not The chief end of man, black or white, is to yet exhausted, though this is probably its last secure his own happiness, and the best ex- draft upon the popular credulity, its last appression of tempotal happiness is to be found peal to the basest prejudices of our nature. in its social development. In my judgment Let me assure the gentlemen it will fail, utthere is no race or caste of men who are as terly fail! I know some white men who could capable of, and appreciate as fully, the enjoy- be insulted by such a suggestion; others, wiser ment of social intercourse as tlie negro race. ones, in my judgment will only smile. at, or See them at camp-meeting or any other meet- pity the folly that prompts it, recognizing ing in which the law allows them to assem- therein the last evidence of the fallen majesty ble; they find some opportunities for social of the patriarchal institution. Mr. Stuart, enjoyment even in slavery, and the gloom of at Richmond in 1861, is the authority given their dark prison-house is relieved by the with considerable parade. Mr. Stuart, at flashes of their occasional joy, their laughter Richmond in 1861, is poor authority for this in tears; now given a strong tendency to so- body. dial enjoyment, what necessarily follows but Mr. EDELEN explained that he said Mr Stua desire to secure the means for that enjoy- art's speech was delivered at Richmond in'59. ment? Then they have the same rivalries, Mr. PuGH. Well then, Mr. Stuart at Richthe same fondness for display, for dress, in mnond in 1859, developed into the traitor of short for success; there is but one road to 1861, is poor authority for this body. What success; it leads through labor. No man can else but heresy could be expected from a hershow, or has shown here or anywhere, that etic? What can a man who sustains this inthe negro race as a race are so deficient by fernal rebellion be supposed to know touching nature in those natural attributes which in- the rights of white people? What patriot in duce men to labor as to justify the wholesale the prospect of his country's ruin seeks coun 675 sel from the traitor who conspires to secure inconveniences? Do they regret that these that ruin? poor fugitives have at last found a haven? All I ask is that when the gentleman's ar- that hunted and hounded from the earliest gument goes to the white people of the State period of their existence they might once at his authority shall go with it. However, the least before they die realize the truth that God gentleman had no other recourse. There is no reigns and is just? authority for the statement save only in the I know it is a wonderful page in our reinterest of the spirit of slavery. cord. For generations past the cold North Now, what is the statement? That when star wasthe only index to the slave, hopetheslavesareffreed they will flock North or into lessly bound, of some dream-land of freedom this State firom the South, and their labor will away in the icy region towards which it was be brought immiediately into competition with the guide; but never before in all their white labor; and as applied to this State, dreary lives was there a haven near at hand. they will flock into the Northern counties and To the A thenian slave there were the temples the competition will occfir there. That is to of Eumenides and of Theseus into which the say, when the slaves are freed all labor in the master dare not follow him. Cannot the gendistricts of country where slavery existed will tlemen rejoice with ime that there is at least at once and forever cease. The planter will one haven of rest for these fugitives from the gaze placidly forth upon his untilled lands, lash? a Paradise lo them? I commend to and it is to be hoped will learn wisdom from the gentlemen a ore careful avoidance of the gentlemen a more careful avoidance of the contemplation. The mill will cease to this trifling with sacred words. It may, ingrind its accustomed grist, and the stream deed be to these wanderers a foretaste of unchecked will run smoothly on to the sea. eternity. God knows, and He only! The morning sun will be heralded by the hum of industry no more forever, and the evening The spirit of hatred against the race and come serenely down upon a landscape istag- z which extends to all the opponents of the sysnate with repose. This is not my picture, it tem of slavery, is as much to be deprecated Ias any other development of the institution; is theirs, and they may profit by it until they any other development of the institution have learned the following lesson, to wit and this leads me to some inquiry into the Wherever there is land to be tilled the la- causes of that spirit and the nature and charborer will be there to till it; that there are acter of its expression. It is founded, in m judgment, in the improperly cultivated not now enough laborers for the work to be my judgment, in the improperly cultivated perforted; that it will pay the pla pters of pride of our nature, and was manifested in all tperfSouthbormed;ttero thati ye plao nters thatof times. It has been the source of more evils to the South better to keep the laborers that they the human family than probahly any other have, than to hunt for others that they cannot the use. I allude to than probably any other get; that the natural affection of the negro men are born superior to others-that idea, for the place of his birth is proverbial, and so far as he is concerned will not permit him to the tendency of which has always been to leave it of his own volition; that if they- create a privileged class; that teaches the docthe planters-wish to drive trhem away, other trine that some men are better, higher in the people will buy the land deserted for the want scale of being, by reason of their birth alone; of labor, and brino the laborers back to it., that some are at once illustrious because their aZor, ancestors were illustrious. In a country like ours it is simple nonsense to talk about even the possibility of distress Now, sir, I stand here as a plebian in this or permanent inconvenience from competition fight. In the readings of my boyhood, I in labor. Temporary inconveniences from always took sides with the plebians against temporary causes may and do occur, butthey the patricians; suffered with them in their even almost universally occur in the more sufferings; resented with them tnle indigniintellectual fields of labor to which it is not ties offered to their class by their assuniedsuexpected that the negro race will or can as- periors; followed them in the wars of the pire. My only reas"on for noticing this argn- Rolndheads against the Cavaliers, and joined pire. MI~y only reason for noticing this argu- them in their death cry against Chtarles 1, ment at all is that it seems to be used with so them in their death cry against Charles I much earnestness by the opposition as to al- tile crowned representative of their oppresmost demand an answer. sors, and the stricken and defeated exemplar The gentleman from Charles (Mr. Edelen) of their vindication. repeats the complaint of the gentleman from I know and have felt the charm that atPrince George's (Nlr. Clarke) on a former oc- taches to the idea. It is the first impulse of' casion, and appeals to us in piteous tones to our nature to pride ourselves more upon that behold the swarms of free negroes about which we inherit, or have through no effort Washington. of our own, than upon that which we acDo the gentlemen forget that there is a war quire. We defer to genius rather than to of huge proportions raging in this country? cultivated talent, and pride ourselves more and that there are some things called inci- upon what we know by intuition than upon dents connected with all wars? Do they ex- that which we demonstrate by reasoning. It pect a war to be altogether an amiable per- is the savor of' labor that offends us; and formance, and to be attended with no little we rejoice in the possession of that which 6Z6 has the appearance of being peculiarly and abolitionists are frequently made in this way specially a part of our individuality. It is in an instant? I think I was made one very only another form of sefi/shness which, differ- quickly in Richmond. The gentleman from ently expressed, we all condemn. Baltimore city (Mlr. Cushing) referred the And, sir, I maintain that this is another other day to the Boston fugitive slave case, daneerous anti-American idea, and one that and said he was then a pro-slavery man; is the necessary accompaniment of the insti- but it is my candid opinion that he became tution of slavery, is more universally diffused then and there an abolitionist. And. now throughout the slaveholding States than else- let me read the testimony of General Richard where in this country, and, sir, it has been J. Oglesby, another slaveholder, the Union unhesitatingly urged in this debate by the candidate for Governor of Illinois: gentleman from St. Mary's (Mr. Billingsley.) "May I indulge myself for a moment to With slaveholders, doubtless, it is more give you a few of the reasons why I became firmly rooted, because right at the outset ananti-slavery man? [Yes, yes.] I know that what affects the character of any one they commence by indorsing the idea that that what aects the character of any one one mmen can be so far superior to another as to own him, designate him as his property, and quence; still, it was a big thing with me, and do with him all that the word signifies. Will all the future thoughts of my life not gentlemen see the injury done to the mas- de me honest on ther was a slaveholde me ter himself by this relation? He is thus at purely honest. once made a despot in spite of himself; he had a wife and eight children, and only hence must follow all the ills of despotism to one negro-rlaughter]-and identified himthe despot himself, a blunting of his natural self with the institution of slavery. IRe was feelings, a restiveness under any kind of re- a Virginian born, living in Kentcky, a straint. cooper by trade. A negro fell to his lot Nonw, I wish to give some illustrations of somehow, with other things, from his fathe effects of this system upon the feelings of ther's estate. He took that negro, learned those who are surrounded by its influence, him the carpenter's trade, be lived in the and white I admit the unusual and universal family, while all the children werebeing born hospitality of the Southern people, yet in he nursed us, took care of us, led us along by all directions touching this institution, their the hand, and father (so I am told and I befeelings are blunted or depraved to a degree lieve it's true) never gave him a lash or lick beyond conception, and theev are not probably or any unkind word. [Applause.] He was aware of it. one of the noblest black men I have ever seen. After a while, in the course of events, In Vrginia, I once had a full conversation my parents died and left us poor-very poor. with one who was a perfect gentleman, and I was eight years old. I saw that negro put who win an: intimate friend of m ine, who upon the stand and sold off at auction. That was in all respects a good manand a good did not Concern me very much. I scarcely did not concern me very much. I scarcely citizen; sociable, hospitable and kind, who knew what it meant. I saw those who were would do any man a favor just as soon as my friends-whom I loved dearly, and still the best of men. I had a conversation with love-I saw them about it, and supposed as himin regard to his operations. In hisearly aboy that it was all right. Thatnegro came youth, associated with a connexion of his, often to see us, as he was taken away only he used to travel down to Richmond with eight or ten miles. He was then forty years negroes, little and big, which he took there of age. Shortly after'ards, a son of the to sell. I asked him whether heb did not purchaser, in the wrath and fire of the mofrequently separate families; whether he did ment, exposed his old bare back and gave not fcequently take off the wife or the hus- him onehundred deliberate lashes. The news band and leave the child at home, or take came to us children through my married sisa-way the child, or separate the husbawd the child, or separate the ius- ter, that sad story of how old Uncle Tim had band and wife; and I asked him, did been treated. Something settled hold of me not you, W-ith your feelings, have a great yong as I was, and I made a resolve deal of hesitancy in engaging in that kind for a boy, of quie a serious charater, that of business? He said to me, calmly and- if ever in the providence of God I grew up honestly, "At first., I tell you what it is, it to be worth anything, enough to buy him jvas 1ust the hardest thing I ever went back to freedom, I would do it. His master, through, but I soon got used to their squall- I presume, was as kind as they generally are. ing, and latterly 1 did not notice it at all." It is not the owner of a slave I am abusing, He could: bear their "squalling," as he but the institution. I am stri ing at sometermed it, without any feeling whatever. thing higher than a man-the system. I have some other matters of personal ex- Time passed on and I remained poor. Fiperience and intended to relate them, but nally, California became the rage, and I went will not detain the Convention, to show how there. I got together money enough to come the tendency of these things is to blunt the back home and go to Kentucky. I kept my feelings. But do gentlemen never reflect that promise; I bought him and set him free, and I then swore eternal vengeance on the insti- They might have been killed outright; for tution of slavery." that mercy they could have been thankful. At such times men become abolitionists, or They might have been drowned in boiling they cease to be men. oil, smothered in the cess-pools of tile city, Can a system endure which thus outrages or flayed alive; and that were merliall the finer feelings of our nature, which in- ful. Whole hecatombs of them could have sults the memories of our Christian mothers. been heaped up around the infernal city, "Morbid sentimentality " is it? I ask the (immortal funeral pyres!) and burned to gentleman from St. Mary's (Mr. Billinngsley) ashes, and their brethren could have found to recall to his memory the period when the in this some grain of comfort. But to be apostle Paul laid his hand upon the idol dedi- starved to death by inches; to be months cated to the " Unknown God," and pro- and months, that is to say, ages and ages, claimed to the astonished Athenians, " Whom a-dyjing; daily and hourly dying, and yet not ye ignorantly worship, him declare I-unto dead! you, the God that made heaven and earth." Whence come the fiends who can do such We hear the ringing echoes of that clarion deeds? Their spirit is the real spirit which voice across the centuries, and with it come any system of human slavery engenders and the teachings of the Saviour. His disciples invokes. Deeds that make other men tremthen were but a handful of men; the light ble with horror are enacted frequently as a which they kindled burned but dimly; and matter of course by the slave master or slave on througb years and years of the dark ages, driver in the South. its flickering flame is scarcely seen. To-day Abuses of the system? but they are abuses its wide-spread effulgence illuminates half a which cannot be remedied by law while the globe, and we stand here this hour in the full law sustains the system itself, since it is of light of the universal blaze of the Sun of the very essence of any and all despotism Righteousness. that it cannot be restrained or regulated. And Thisis a Christianland I Nightly through- then comes this insatiate spirit of hatred out its vast extent, little children kneel in which keeps even pace with its demands and prayer, taught by their Christian mothers to is "' more fell than anguish, hunger, or the worship the God of justice, of mercy, and of sea." love-those brave American mothers at The final argument that I shall urge in whose krees, in infancy and youth, are trained favor of the abolition of slavery in Maryland the heroes of the world. is that which has been repeatedly used in this Thisis a Christian land! See the converse debate. Slavery is the link that connects of the picture, yonder in that hospital, al- us with the rebellion, and it must be severed. most within sight and sound of this Hall, Loss of property may ensue; what matter? there was and is yet presented to our Chris- immense loss of property has ensued from tian gaze, a spectacle so full of horror that this rebellion throughout the whole of the the soul sickens and utterance is lost to us. State. I make the charge and challenge reI cannot describe it. Who were the hell futation that slavery was the cause of this hounds that did this thing? rebellion; that the rebellion is to-day nothing My friend from Baltimore city tells me the mole, nothing less than slavery fighting for story of a man, an American citizen in one of power; and that inasmuch as we sympathese hospitals, who came ihere in the last thize with, or attempt to bolster up, or deter stages of starvation, whose mind starvedinto the obliteration of slavery in this State, by idiocy, could only comprehend one fact, and just so much do we sympathize with, bolster as he lay an utter wreck, could only hold up p, and defer the crushing outoftherebellion; before him his emaciated hands and chatter aid by just so much do we add to the bur"Starved to deathl starved to death! dens of our already overburdened country starved to death /t" struggling for life. Not for an instant of There is nothing in the annals of barbaric time, not by a breath from my nostrils, will ages, nothing, however damning, heretofore I now or ever while God gives me life, apconsidered or conceived, but is merciful and proach or seem to approach by a hair's lovely as compared to the infamny of this breadth, toward even the imagined commis" Christian" 7 deed. sion of that damning deed. His Christian majesty enthroned at Rich- Gentlemen are in favor of a return to the mond, adds to the infamy, (if that be possi- Union; there is but one road to that goal; ble) by announcing to the world in a State It lies through universal emancipation in paper, that these brave men were dying from America. home sickness. That lie is the cap-stone to I also am in favor of a reunion upon a the monument he has builded to his eternal more enduring basis. A basis now thoroughly shame. understood in Maryland and expressed now Why this quintessence of the refinement of in her organic law by the 4th article of the cruelty? Why make not only this nation Bill of Rights. but the world blush for ages to come for the And I may say here, that I do not believe shame thus secured to the whole race of man? the disorganizing idea of "States' rights" 678 would ever have been so extensively diffused The people of my portion of the State have but in the interest of slavery. It must have ever since the formation of your State govempire, and sought it through every channel, ernment, and even before. been so intimately and, in my judgment, it has found it I The connected with this institution, (for the exempire of the tomb. istence of which they are not at all responsiI moreover am in favor of a reunion be- ble,) and are now so largely interested in its cause the whole country is mine and yours. maintenance that it is with great difficulty It is my heritage and yours, and it shall be I can approach the discussion of the question, bequeathed as inviolate and unbroken to our either upon the grounds of morality or State posterity as it was received by us from our policy; when I consider the proposition as fathers. But the demon that eats at her reported by the committee, and the unjust, vitals must die I violent, and inconsiderate course pursued by See what she was and what she is! She the majority of the Convention on this subwas the admiration of the world! Her left ject, without a feeling of indignation and hand grasping the rising and her right the disgust which I do not desire to exhibit in setting sun. The blasts of winter fanned her this body. temples in the north, and orange groves and We look upon this effort to abolish slavery ever-greens adorned her foot-stool in the as an outrage upon our rights, such as never south; the ample folds of her banner like the before has been perpetrated upon any people; wing of a protecting angel, floated over every not demanded by either the advance in civsea; and the nations of the earth in one ilization, morality or the present condition toice exclaimed to the young mistress of the of the country, but the promptings of a fawest: naticism which had its origin in the North, and which has been so diffused among the cte nov vitute sic ier ad asra. people of this State as to upset their reason Such was our country, mine and yours, and render them incapable of a just apprecifrom the icebergs of the northern coast to ation of the blessings of republican iostituthe burning sands of the Gulf. tions. Now what is she? Her maimed and bleed- It is a question whlich, if discussed fully, ing heroes meet us on every highway. Her must necessarily involve the consideration of standard is torn and trampled in the dust. all of those fundamental principles which unHer sacred temple of liberty is profaned by derlie republican institutions, to the maintenthe breath of treason unrebuked. The ruth. ance of which the citizen is most vitally inless foot of the "' Nephew of his Uncle" treads terested, and without which no government -the soil of our south-western border; and we, can expect that free, full, and hearty support poor, sore-stricken sons of our fathers, dare which all good and patriotic citizens desire not simite the intruder to the earth. to render to their government. What has brought us to this, fellow-coun- Not only do you propose to destroy a dotrymen? Fellow-heirs of this heritage, -what mestic institution, but to take from us forty shall we do to redeem it? Our answer is the millions of dollars worth of property without answer of every patriot heart-SLAVERY MUST teing able to assign one sound reason f'oundDIE I ed in fact why this gross outrage should be Mr. BERInY, of Prince George's. Mr. Pres- perpetrated upon the slaveholders of AMaryident, I approach the discussion of this ques- land. tion with great diffidence, more so perhaps It will not be denied, I suppose, by gentlethan I have ever felt in entering upon the men on the other side, that this is entirely a discussion of any question presented to my domestic institution. Mr. Lincoln so regarded mind {or consideration; and this is not so it in his inaugural address, and several of much on account of the vast pecuniary inter- his messages afterwards sent to Congress, est of my section of the State in the particular and he further declares that the Congress of institution, which will be affected by the the United States had no power to interfere passage of this nteasure, as the great change with slavery in the States. His consistency v hich will be made in our domestic institu- in this respect you can fully appreciate when tions, ~he striking down of the whole of the you consider his course toward this instituproductive industry and source of wealth of tion in the border States, and the reasons the agricultural portion of the State, and now assigned for a continuation of the the violence and injusticewith which it is at- war. It is not only upon his authority that tempted to be brought about by the majority I claim it to be a domestic institution, but of this Convention. upon the authority of all the treaties upon The matgnitude of the question involved, the subject, and of the statesmen of the past, and the paramount interest as affecting the and never until this unfortunate condition of future welfare of the State, must inspire the things did Congress attempt to legislate upon members of this body with an interest that the subject except for its preservation and will not be felt in the consideration of any protection. other question which -will claim our attention In the formation of societies the citizen here. I was required to yield to the government cer 679 tain of his natural rights for the benefit of as fully established and recognized by all the the'whole, and in consideration thereof the civilized nations of the earth, that in all government undertook to protect him in all cases to justify it there must be a present of his rights, particularly those of l1fe, liberty overruling necessity for so doing, and in andproperty. This consideration being the every case the owner of the property is eninducement to the compact, any government titled to compensation from the government. necessarily looses its force and virtue, and I understand that the government claims entirely fails of the purposes for which it was the right to take possession of the able-bodied formed, when it does not secure to the citi- slaves, such as are capable of' bearing arms, zen support and protection in those rights. under this war power, as a military necesAnd no government can expect from its citi- sity, treating them of' course as property. zens either obedience or support, which fails All such, of course, the government of the or is incapable of giving this protection. United States are responsible for to the ownBurke, in one of' his most beautiful and forci- ers. But the government in its policy has' bly written letters, takes the ground that man gone further; they now not only take those would have been more happy and would have capable of' bearing arms, but they forcibly occupied a higher social condition had he re- take and declare tfree the families of' those mained in a state of nature. He forcibly ar- who enlist; they offer inducements to slaves of gues that all the bloodshed, troubles, and every age and sect to leave their owners and difficulties to which man has been subjected, repair to Washington city, where a depot is are to be attributed to the formation of polit- established for them, and they are supported ical and church goverinments. Whilst I can- at the c ost of the government; and they renot entirely agree with him in his conclu- fuse to deliver them to their owners upon due sious, although they are supported by pow- process of law. It is true, that as a domestic ful reasoning and almost convincing proof, institu tion the people of the Statec mLay abolyet it must be admitted by all who under- ish it, but: there must appear a present nestand anything of the philosophy of govern- cessity for so doing, and i.l all cases a just ment, that man would be better in a state of compensation must be awarded to tibe owner. nature than the subject of any State or gov- Will the gentleman from Baltimore city (Sir. ernment which fails or is incapable of giving Stockbridge) show us when he comes to make him protecl ion. his speech, any law or precedent authorizing This, Mr. President, is a sad reflection to the infliction of such an outrage upon the one who felt that interest in our institutions citizen? I defy him to show either law or which true patriotism alone inspires, and precedent as ever recognized or Dracticed by who entertain an abiding hope in the great- civilized nations. I also admit that the proness and future growth and happiness of his perty of any citizen who may be guilty of country. Like John Quincy Adams, I would treason against the government may be consooner that my eyes had been closed in death fiscated under existing laws, but this can only than to have witnessed' the present condition be done by the United States Courts upon of'our once happy land; a. condition which due proof; after a full and fair hearing, in all the statesmen of the past predicted would which the party accused must have the aid arrive, when the politics of the country of' counsel, processes for his witnesses, and should become entirely sectional, which un- trial by jury it' he requires it fortunately was the case at the last presidential This, Mr. President, is a most important election. To reflect for a moment upon the question, and we may well hesitate and ask degraded condition to which the politics of' ourselves if we are, in the present unsettled our State and country has fallen, the demo- condition of the coutitry, in the excited state ralizcation prevailing everywhere, and the of the public mind, growing out of the daily hands into which the direction and control scenes of butchery, blood hed, desolation, of affaiis are placed, is the only solution for and destruction passing around us, in a prothe injustice which this measure proposes to per state of mind to enter upon this chatnge, inflict upon us. or to fully and fairly corsider it in all of' its If a (on es3tic institution, recoonized and bearings, as it may affect the present as well protected by the law, bv what authority is it as the future. 1 sincerely think we are not now attempted to be wrested from us? Is it now in that frame of mind to attempt such by any authority of the Constitution and an important change; we cannot raise our.. laws of the United States, or of the State of selves above the passing scenes and the pasMaryland? I deny that any such authority sion and prejudices whichl they necessarily exists. produce, to enable us to give the qtestion It is true, that in time of war, in time of that calm, dispassionlate, and wise considerainvasion by a public enemy, during the ex- tion which its importance demands. We had istence of' martial law, private property may better let well enosugh alone. be taken for public use without the consent A great deal has been said here in reference of the owner. This is from military necessi- to the present condition of the slaves and the ty, but Story, and all the other writers upon benefits which will be conferred upon them in constitutional law, lays down the principle case they are manumitted in the State. Is 680 that so? Will they be benefited by the Have not their condition been improved by change? Will they not rather become pau- their intercourse with the white man although perts and outcasts from society and an incubus they have lived here in a state of slavery? upon tne State that years will not enable us Were they not brought from a land where to rid ourselves of'? Are they capable of self- savage barbarity prevailed? Where civilizagovernment? I-lave they any governmental tion and christianity had never been able to capacity? penetrate and raise them above a state of Mr. President, I may well ask are we capa- savage nature? Have not their minds been ble of self government? I had thought, un- enlightened here by the teachings of civilizatil these troubles came upon us, that the long- tion and religion in their intercourse with inmuted problem had been solved and exempli- telligent beings? Have we not had in them fled in the complete success and perfection of many examples of true Christian piety, alour institutions Las applicable to a state of though an inferior and inappreciative race? freedom. But the experience of the last four I We are told by some naturalists, that the dog years has, in my mind, settled the problem in his natural state cannot bark, but whines, forever. I now am convinced, sad as must and they only learn to bark from being be the reflection to all intelligent minds, that brought in contact with human beings. If the white man with all his higher mental or- this is so of the dog, how much more so can:ganization, created so by the great I Am in this principle of imitation be applied to the the economy of nature, is utterly unfit for African race who are human beings and are self-government. What then must be the admitted to have a low order of intellect? I condition of the black man in a state of free- insist then that they have been benefited by dom, when you consider his inferior mental having been brought among us; they have organization? What has been and is now been civilized and christianized, and afforded the condition of the black man in every State all the lights of the Gospel, and their interand country in which he has been freed? course with the white race has elevated their Instead of improving his moral and mental minds and made them more intelligent. It condition, he has, in all cases, sunk lower and was a step under the direction of the Controllower in the scale of degeneration, until lie ler of the universe by which they werebrought has become an outcast and a burden upon the into a state of civilization and within the government in which he lives. pale of religion, and He now looks down apIs it for the true interest of the slave that provingly upon the institution and the success the gentlemen on the other side so zealously attending the change in their condition. It urge the passage of this measure? A meas- has done more, sir. It is well known that ure, which, if passed, will result in more many of those who were found to be capable harmn, both to the master and slave, than can of receiving mental culture have been connow be conceived of. Are they prompted verted here and received into the churches, by the interest they teel in the future coudi- and afterwards sent back to their native land tion of the slaves? I deny that they feel the to try and civilize and give religious and interest which their course here would indi- mental instructions to those living there in a cate. It is a catch-word. It is thought now savage state. It is well known that Maryto be popular and will lead to peace. They land has for years past appropriated large have been caught up in the whirlpool of fi- sums of money in support of a colony there, naticismn which is now making desolate our and offered many inducements to those who land. And it would be as well for the gen- became free here to return to their native land tlemen to reflect for a moment upon the fu- and take part in this great work of civilizature condition of this race. A general, who tion, but up to this time all efforts in this was engaged recruiting negro soldiers in my behalf have failed of success. No practical section of the State, was asked by a gentle- good has resulted from it, and the last Legisman in my county, how many negro recruits lature of the State, composed as it was of a have you in your camp? He answered about large majority of the boasted friends of this ten thousand. How matny died whilst in I race, many of whom are now members of this camp? About a thousand. How many do Convention, refused to make further approyou suppose would have died had they re- priation for the purpose. mained home with their masters pursuing Mr. SCOTT. Will the gentleman allow me their usual course of life? I suppose fioin to make an inquiry? I should like to know forty to fifty, and added that these inquiries by what process they are brought to a knowlwere of very little consideration, the war edge of the Gospel when they are denied the would result in the abolition -of slavery; it means of instruction. was necessary that they should take part to Mr. BERRYa, of Prince George's. Sir, it is bring about this result even if the iace was a foul slander upon slavery as an institution exterminated. This is the interest which you to make such a charge. gentlemen feel in the welfare of the slaves, Mr. SCOTT. There is scarcely a slave State and it is only carrying out the manifest des- in which slavery has not forbidden the teachtiny doctrine of Mr. Seward that the two ing of persons to read in Sunday Schools. I races cannot exist together. know in Virginia, men have been sent to the penitentiary for no other offence than teach- give them the civil rights of citizens, and ing negro children to read in Sunday Schools. then for intermarriage and the commingling Alr. BaRRY, of Prince George's. The gen- of the races. tleman knows nothing about the institution Mr. SCOTT..1 rise to a point of order, of slavery. He knows nothing about the which is this-Whether any gentleman has laws passed by slaveowners in slave States a right to impute to others arauments which for their protection. He knows nothing they have never uttered and views which about the domestic control and management they have never advocated? of them and the attention paid to their relig- Mr. BERRY, of Prince George's. If the iots instruction. He knows nothing about gentleman had paid attention to my arguthe attachment of the slave to the master or ment he would have found that I made no the miaster to the slave, and the sacredness personal application of my argument and with w hich they are regarded as members of conclusions to any one gentleman here. I his family. If his mind was more enlighten- simply suggested the result of this movement. ed he would hold a better position here, and I suggested that it would end in this, and other views more consonant with justice, before my God I believe it will, if you go equity, religion and government. Does the on as you have commenced the work of gentleman know that in every slaveState in pulling down our State Government and dethe Union, the very strictest attention is paid straoying all the rights of the citizens. to the moral and religious welfare of the They are not mentally the equal of the slaves? Does he know that in the far South white man; they are not physically the the large planters have churches built on equal ot the white man, for their organizatheir plantations, and employ ministers at t;on is different, so intended by nature; a a salary of $1,000 to $1,5(0 per year with distinctive mark was placed upon them, and the sole view of instructing their slaves in the all the changes of time cannot efface it. wise teachings of the Bible? There the mas- Then is it proper, is it right, is it wise? Are ter and slave in fulness of hea'rt worship the you advantaging these people to make them same God under the samle vine and fig tree. free? Mr. SCOTT. That does not meet my objec- It has been said here that holding slaves tion, that they do not teach them to read. is contrary to the teachings of the Bible. They have the Scriptures expounded to them, Now, I want to show gentlemen, that in albut theyare not allowed to read for them- most every book, from Genesis to Revelaselves. tions, slavery is clearly recognized in the Mr. BERRY, -of Prince George's. Is it in- Bible. But, said the gentleman from Baltidispensable that a man should know how to more city (Mr. Cushing) day before yesterread, in order to understand the teachings of day, and the gentleman from Cecil (Mr. the Bible and to be a Christian? Scott) niglit before the last, that they thought Mr. SCOTT. That is my idea exactly. we were driven to a dernier resort when we Mr. BERRY, of Prince George's. I tell the went to the Bible in support of slavery. gentleman it is notindispensable. Does he What, Mr. President, to offer the evidence not know that religion is a thing of the of the Bible in support of an institution a heart, and virtue the promptings of the heart? dernier resort; that book of all books, the When you teach one in the-ways of religion, very fullness of every evidence, the fountain no matter how ignorant he may be in the of all our hopes, and from which alone we rudiments of education, his mind will be- can draw the motives to every action; the come enlightened and embued with the prin- teachings of ill truth, virtue and religion. ciples of religion and virtue which will What, sir, at this day of boasted civilization, make him a good and Christian man. at this day of advanced religious sentiments, They are not capable of self-government. to hold the Bible in so little respect, to proHistory shows that they will retrogade claim such sentiments in an enlightened asrather than improve in a state of freedom. semolage, must he revolting to every thinkThey require a governin.., a directing hand. ing mind, and I dert the gentlemen to offer This is the experience of the past. When- any evideace that will be superior to the ever they have been put in a state of free- teachings of the Bible. Driven to extremity dom they have become demoralized, and because we refer to the Bible, the book from there is not one instance where their condi- which we draw our very life and breath; tion has been improved. the teachings of the great I AIM, the ruler and Are they the equal of the white man? Do controller of all things. Driiven to extremity gentlemen on this floor desire to make them because we resort to the Bible. Do the genthe equal of the white man in all the civil tlemen believein theBible? Do they believe and social relations. This equality was never in the teachings of our Saviour? Have their thought of until lately, under the new teach- consciences become so seared by the workings ing of miscegenation. I suppose the gentle- of' fanaticism that even the Bible contains no men are for that. On, on, you go, step by teachings for them. If so, then God help:step. You recklessly go from one thing to them. another. You first liberate them, then Noow, I propose to show from the Bible 44 that slavery is of divine origin. Will the thy bosom; and when she saw that she had gentlemen be astonished? conceived, I was despised in her eyes; the A VoICE. " Yes." Lord judge between me and thee. Mr. BERRY, of Prince George's. The first'" But Abram said unto Sarai: Behold, thy reference I shall make is to the 14th chapter maid is in thy hand; do to her as it pleaseth of Genesis, the 14th, 15th and 16th verses. thee. And when Sarai dealt hardly with I believe my friend from Cecil (Mr. Scott) her, she fled from her face. is fond of reading the Bible, but I am afraid "And the ange I of the Lord found- her by he has read it to little purpose. a fountain of water in the wilderness, by the I"And when Abram heard that his fountain in the way to Shur. brother was taken captive, be armed his "And he said: Hagar, Sarai's maid, trained servants, born in his own house, whence camest thou? and whither wilt thou three hundred and eighteen, and pursued go? And she said, I fee from the face of them unto Dan." my mistress Sarai. "And he divided himself against them, "And the angel of the Lord said unto her: he and his servants, by night, and smote Return to thy mistress, and submit thyself them, and pursued them unto Hobah, which under her hands. is on the left hand of Damascus." "' And the angel of the Lord said unto her: "And he brought back all the goods, and I will multiply thy seed exceedingly, that it also brought again his brother Lot, and his shall not be numbered for multitude." goods, and the women also, and the people." Mr. SCOTT. If the gentleman from Prince Mr. SCOTT. That shows the propriety of George's will permit mearming slaves. [Laughter.] Mr. BERRY, of Prince George's. Not now, Mr. BERRY, of Prince George's. They were I am astonished, Mr. President, that whilst fighting for their households and in support the Holy Scriptures are being read there of their institutions, led by their master. should be so much levity. I am astonished Abram possessed servants, which he mar- that gentlemen should not have more respect shalled against his enemies, for themselves; for you as the presiding ofMr. SCOTT. Just what we are doing now ficer of' this body; for the Bible and its holy against our enemies. [Renewed laughter.] teachings, than to make anything read from Mr. BERRY, of Prince George's. I now re- it a subject of merriment. Do they not hear ferto the 16th chapter of Genesis. the Bible read at least once a week in their "Now Sarai, Abram's wife, bore him no churches? children, and she had an handmaid, an I next refer to the 17th chapter of Genesis, Egyptian, whose name was Hagar." 12th verse: "And Sarai said unto Abram: Behold "Anti he that is eight days old shall be now the Lord hath restrained me from bear- circumcised among you, every man child in ing; I pray thee, go in unto my maid, it may your generations, he that is born in the house be that I may obtain children by her. And or bought with money of any stranger which Abram hearkened to the voice of Sarai." is not of the seed." Mr. SCOTT. I did not know you claimed This reference shows that under the Mosaic Bible authority for that practice. [Great dispensation slaves were bought with money; laughter.] they were commodities of sale; they were Mr. BERRY, of Prince George's. The gen- sold in market, and were bought in that day tleman seems to forget that this is simply a -and slavery was recognized as right by the history of that age, and that the men of that teachings of that day. age, having fallen from their high estate, The 10th Commandment, recognized and possessed all the sinfulness and weakness be- held sacred by all Christians, certainly recoglonging to our nature; that bad men lived nizess!avery. I shall not read it, as I supthen as now. And we can find in the Old pose the gentlemen very well recollect the Testament, in the history of the men of that commandments, though they have forgotten age, a precedent for nearlj every vice except many other teachings and precepts of the vagary, such as is now attempted to be per- Bible. petrated by the majority of this Convention I now refer to the 21st chapter of Exodus: upon the slaveholders of Maryland. " Now these are the judgments which thou "And Sarai, Abram's wife, took Hagar shalt set before them. her maid, the Egyptian, after Abram had' If thou buy a Hebrew servant, six years dwelt ten years in the land of Canaan, and he shall serve, and in the seventh he shall go gave her to her husband Abram to be his out free for nothing. wife. "If he came in by himself, he shall go out "And he went in unto Hagar, and she by himself; if he were married, then hiswife conceived; and when she Faw that she had shall go out with him. conceived, her mistress was despised in her "If' his master have given him a wife, and eyes. she have borne him sons or daughters, the "And Sarai said unto Abram: My wrong wife and her children' shall be her master' be upon thee; I have given my maid into and he shall go out by himself. 683 "iAnd if the servant shall plainly say, I holding country. He lived when there were love my master, my wife, and my children; I some 60,000,000 of slaves in theRoman empire will not go out firee: Yet through all his teachings he did not once " Then his master shall bring him unto upbraid those who held slaves. He recogthle judges; he.shall also bring him to the l nized slavery as a domestic institution under door, or unto the door post; ar.d his master the law; and that it was wise and proper shall bore his ear through with an awl; and that slaves should be so held. He came not he shall serve him forever.' to destroy either the law or the prophets, but he caine upon a higher mission. Those inThis goes further; this recognizes the sepa- fluences however I do no ration of man and wife.:It gives the option, t see prevailing to to the husband. If he determines that he a great extent in this Hall. I now refer to the teachings of the New Testament upon the loves his master, his wife, and his children, subject of slavery. In Ephestament upon the then the fact is set forth before the judges,, 6th chap., and from that time he becomes a slave for au says: life to his master, and all his children after,"Servants, be obedient to them that are him. your masters according to the flesh, with fear Mr. SCOTT. Does the gentleman read "a and trembling, in singleness of your heart, as slave for life, " or for what term? unto Christ: Mr. BERRY, of Prince George's. " For- "' Not with eye-service, as men-pleasers; ever." The reverend gentleman from Car- but as the servants of Christ, doing the will oline (Mr. Todd) said that under the Mo- of God from the heart; saic dispensation all slaves went out free "With good will doing service; as to the at the great day of jubilee. Now, although Lord, and not to men; he is a nlinister of the Gospel, he has read " Knowing that whatsovever good thing Scripture to very little purpose if he says he any man doeth, the same shall he receive of finds that in the Bible. It was only the the Lord, whether he be bond or free." Hebrew servant that Went out free. None of And then I will read two or three verses the servants bought from strangers, not be- from Colossians, 3d chapter: longing to the Israelites, went out free; but "Servants, obey in all things your masters they and their seed forever remained to their according to the flesh; not with eye-service, master and his posterity. I am afraid that as men-pleasers; but in singleness of heart, the reverend gentleman from Caroline (Mr. fearing God; Todd) is in the condition of a great many "And whatsoever ye do, do it heartily, as who lived during that period, when its dawn to the Lord, and not unto men: was trumpeted forth in tones so loud that it i Knowing that of the Lord ye shall recould be heard by the whole nation. The ceive the reward of the inheritance; for ye Bible says of' them:' Blessed are they who serve the Lord Christ." know the joyful sound, for theirs shall be the And in 1st Timothy, 6th chapter, corngreat reward."' The gentleman may have mencing with the first verse: heard the joyful sound, but I greatly fear he " Let as many servants as are under the does not know it-there is a marked distinc- yoke count their own masters worthy of all tion between hearing and knowiug it. I am honor, that the name of God and his doctrine afraid he does not know the joyful sound; for be not blasphemed his arguments why slavery should be abol- ished in this State, and the manner he pro- they that hae elieving masters let poses to accomplish it, show an inconsistency them not despise them, because they are with the Christian religion, with the profes- brethren; but rather do them service, because sion of Christianity, which can only be ac- they are faithful an d partakers of the counted for by considering the age of immo- benefit. These things teach and exhort. rality and demoralization in which we are " If any man teach otherwise, and consent now living. What, to take my property from not to wholesome words, even the words of me without just compensation? Is that our Lord Jesus Christ, and to the doctrine Christian? Is it honest? And when I say which is according to godliness; is it honest, I mean to ask the question: Is "He is proud, knowing nothing, but doting it honest? Is it doing unto all men as you about questions and strifes of words, whereof would that they should do unto you? And i cometh envy, strife, railings, evil surmisyet, at this time, we have men, not only pro- ings,1" &c. IBssors of religion, but ministers of the Gos- QAnd then there is the first chapter of Philepel, holding fobrth these views contrary to all mon, which was referred to the other day; justice and religious teachings, and contrary where it is not only shown that at that day to all principles, of government, slavery was recognized, but Onesimus, a conNow, let us refer for a moment to the New verted slave, was sent home by Paul to his Testament upon this question of slavery. The master, and Paul stated that he would pay subject is not mentioned by our Saviour. He any charges against the servant, any loss lived when the whole of Judea was a slave- which the master may have sustained by loss of his services. Need I refer to any more should be abolished in this State? They say Scripture passages? that it affords material aid to the rebellion. Mr. SANDS. I would like to have my friend Is that true? Is that applicable to the State read the whole of the text in the case of of Maryland, or to any of' the border States Onesimus. I am. somewhat familiar with it, not in rebellion? I think the transverse of and would like to hear it read,. the proposition is true. I contend that in the Mr. BERRY, of Prince George's. I will border States slavery aids and abets the Govread it, if the gentleman desires it. I com- ernment of the U'Iited States in putting down mence at the tenth verse. the rebellion. Wha-t do you do by abolishing " I beseech thee fobr my son Onesimus, slavery in the State of Maryland? You take whom I have begotten in my bonds; away at once $40 000,000 worth of property, " Which in time past was to thee unprofit- and almost as much in the yearly productive able, but now profitable to thee and to me; industry of the State. That property is now " Whom I have setnt again; thou therefore paying a tax for the support of the General receive him, that is, mine own bowels; Government as well as for the support of the I" Whom I would have retained with me, State Government. Remove it and where are that in thy stead he might have ministered your taxes to come from? Will we be enunto me in the bonds of the Gospel; abled to contribute to the same extent to carry " But without thy mind would I do noth- *on this war against the rebellion if our slaves ing; that thy benefitshould not be as it were are taken away, our productive industry of necessity, but willingly. paralyzed, fiom which alone we pay our "' For perhaps he therefore departed for a taxes? Is not rather the transverse of the reason, that thou shouldst receive him for- lproposition, as stated by the gentlemen, true? ever; You take away $40,!)00,000 worth of property " Not now as a servant, but above a ser- now subject to taxation, and all the producvant, a brother beloved, specially to me, but tive industry of the State amounting to alhow much more unto thee, both in the flesh, most as much niore yearly, which now conand in the Lord? tributles to the payment of taxes for carrying t" If thou count me therefore a partner, re- on this war. That proposition may be true ceive him as myself. in the case of States in immediate rebellion "If hehath wronged thee or oweth thee against the Government. But the principle aught, put that on mine account; does not apply to Maryland, and I am as"I, Paul, have written it with mine own tonished that men of sense should advance hand, I will repay it; albeit I do not say to such arguments. thee how thou oweat unto me eved thine own I understand that the majority of this Conself besides." vention propose to free the slaves without It would be useless for me to refer further coml-ensation. Now, I want it distinctly to the Bible, in support of my position that understood beforehmnd that I shall oppose the slavery is a divine institution. It is just as abolition of slavery, no matter under what much sacred, and so held under both the dis- phase it is presented to this Convention, and pensations, as the rite of marriage. The with God's will and the assistance of this samne uthority that said'" wives obey your strong arm will try to defeat the proposihusbands'-'Husbands, cleave unto your tion before this people, if you pass it here. wives"-the same authority gave the Injunc- But was there ever heard such an outrage tion-'" servants obey your masters.' I say against the rights of the citizens of any State, it is of the same divine origin, and can never as to propose to take from them $40,000,000 be destroyed under God. worth of property —oay, more, at the time The difference between the gentlemen and this war broke out the slave property in this ourselves. is that very difference that St. Paul State namounted to $80,000,000? suggested to the Athenians, on his visit to Mr. BARRON. $30,000,000. Atihens. As he was passing by he saw a Mr. BERRY, of Prince George's. At the temple erected with the inscription I"To the time of the breaking out of this war negro unknown God." They are like the Athen- men that were appraise d at 4o00, were worth ians; they do not worship the God of oursal- from $1,5010 to $2,000, and others in the vation. Whilst we worship the God of our same proportion. I s:y that it would be fathers whose teachings are fuil of wisdomn, $80,000,000 worth of propeity talken from truth and justice, they, like the Egyptians the slaveholders of' Mrryland. I think I have who made every beast their God, have erected shown that slavery in Maryland does not give a temple to the negro, at which they not only material aid to the reb;ellion, that that arguoffer up their devotions at morn and eve, but ment is not applicable to us. But it is proit seems to claim their continual devotions. posed to strike down this institution and withWe next come to consider wvhether the ne- out compensation. Now, where in the name cessity of the tim'es require that slavery should of common sense do you get a precedent for be abolished in this State. Is there any ne- this action? What justiceis there in such a cessity for it? course? What right, under the law which What are the reasons assigned why slavery governs all countries, have you to take my 6.85 property without it becomes absolutely ne- the r ighJ to take slaves under the war power, cessary to maintain your institutions.? Had but they in that case are talken as property, you not just as well take my life? My life and they should take only those who are caand my property are held equally sacred un- pable of bearing arms. der the laws. Many gentlemen have said we must look to. The PRESIDENT. The time of the gentle-,he General Government for compensation man has expired. for servants liberated under the action of this Mr. BERRY, of Baltimore county. I move Convention. Now, is there any reason in that the gentleman's time be extended. tlis? If they are liberated by this ConvenMr. DANIEL. I move to limit the extension tion, which I denounce as an outrage against to fifteen minutes. our rights, the State will be responsible to Mr. BERRY, of' Baltimore county. I, accept the owners, and for those freed by any action that. of the General Government the General GovMr. MILLER. I hope no limit will be put upon ernment is responsible; but responsible to the gentleman's time, but that the precedent whom? responsible to the individual citizen. set in the case of the gentleman from Cecil No, but they are responsible for all they have (Mr. Scott) will be followed, and that the taken under the war power, to.the master, gentleman will be allowed to go on and finish throagh the Government of the State of M.ahis speech. ryland. The Governor of this State has Mr. ABaOTT. The gentleman from Cecil sworn to support the Constitution and laws (Mr. Scott) did not use over fifteen minutes. of this State, and he is bound to protect the Mr. DANIEL. Others of us upon this floor rights and interests of every citizen, even if have been confined to that limit, and as the it requires the whole force of the State to do appeal is upon the ground of courtesy, I may so. He is required to pursue the same course say that we have allowed one of the gentle- for the protection of the citizen of the State, men from Prince George's (Mr. Clarke) about that the General Government is'required to three hours for one speech and two hours and afford any citizen of any State widen in a a half for another. foreign country. But will they pretend to Mr. CLARKE. I beg the gentleman's par- say that the Government of the United States don; not quite two hours. I commenced at is responsible for the slaves liberated by this twenty minutes after eight o'clock, arid con- Convention? Has the Government of the eluded a few minutes befbre ten o'clock. United States anything to do with the acMr. BERRY, of Prince George's. There tion of this Convention? If it has, I would seems to be no disposition on the'part of like very much to know it, because I might the Convention to extend to me this courtesv. then understand this pandering to popular Mr. SANDS. I- trust the gentleman from opinion; this crouching at the feet of the Prince George's (Mr. Berry) will'not take powers that be; this seeking to lower the this as any mark of discourtesy. I at least standard of true citizenship; this disposition do not oppose any motion to give any amount to bow at the feet of the President. of time to him or to any other gentleman, The PRESIDENT. The Chair must say to because I wish to be discourteous to him. the gentleman from Prince George's (Mr. But there are a large number of gentlemen Berry) that he is rather transcending the here who wish to be heard, and our time is rules in thus reflecting upon the members of limited. I hope the gentleman- will under- this Convention. stand this, and not think us discourteous, we Mr. BERRY, of Prince George's. I did not certainly do not mean it in that way. suppose I was transcending the rules. I did The question was taken upon extending not intend to do so. I use strong language the time for fifteen minutes, and it was because I feel that this is an imporfant quesagreed to. tion, and one that should be heard and disMr. BERRY, of Prince George's. I am very cussed in plain language. I do not mean to sorry indeed to trespass for so long a time offend gentlemen. I cannot control their upon the attention of this Convention. But actions here, and do not propose to do it. If I! was induced to do so, supposing that the I were to speak here for a week and could members of the Convention desired that every- bring to bear all the wisdom of Solomon, I thing that could be said in the way of argu- could.not inspire your minds with my stanmnent, as peculiarly applicable to this ques- dard of patriotism, or a spirit in which you tion, should be heard by the Convention from would listen to and receive those teachings any of its members I shall, however, abridge in the spirit in which I give them, nor do my remarks, and try to conclude what I I suppose that a vote would be changed. But, have to say within the fifteen minutes.: as one of the-gentlemen said yesterday, I inI ask the question, whether the gentlemen tend to put myself right on the record. on the other side have either precedent or Then, I say, do you suppose the General law for this proposed action against slavery? Government can be looked to to pay us for the.1 deny th}at they have either precedent or negroes now held by their owners? The law. They do not propose to do it under the General Government has taken a large num-,war power. The General Government has ber of them for military purposes, or under 686 that pretence, a great many of whom;are not Then it is said that schools would spring capable of bearing arms, and are not suited up among us, and education would receive a to the purposes for which they were said to new impetus, instead of living, as we now be taken. But here we have one-half of the do, in a state of ignorance. Gentlemen who negro population of the State left on our state this as argument, show their ignohands almost valueless, consisting of negro rance of the laws of your own State. Since women and children, which you propose to 1837, there has been in every neighborhood take from us. You propose to abolish slavery in most of the counties of the State, a free without payment, without making provisions school system established. The schools for their future condition, and tell us to look were established for the education of the to the General Government for compensation poor, and they are supported by the county. for those you liberate by your State action. And every facility for education is affordDo you suppose the General Government will ed the youth of the counties. We have an pay for them? I say the Government of the academy in my town, where boys who State is responsible to the citizen for both have received instructions in the primary those the General Government has taken and schools, after they have arrived at a certain these freed by th's Convention. And if I live age, can go and get a collegiate education, I will be found beating at the doors of this for we have excellent teachers, men compeState government until I am ninety years of tent to give a collegiate education. This age tor payment, and if I am not paid then sy stem is fostered and paid for by the county, I will leave the claim to my children as a and by contributions from the State. legacy to be prosecuted for all time to come. Why, the teachings they receive in the Mr. BERRY, of Baltimore county. Do you North only affords a vent to fanaticism. expect to live so long as that? They receive abolition teachings at their tooMr. BERRY, of Prince George's. I hope so. thers' knees, and from the pulpit. It is inI will continue to demand for the slaveholder culcated in them so strongly that it becomes of this State what I say is but just and right apart of their nature. They become skeptics for every slave liberated'by the action of this and fanatics. The worst sort of religion and Convention, or by the General Government. morals prevail there. One of their chief Among the reasons assigned why slavery denominations do not believe in the Trinity; should be abolished are, that it is immoral I think the largest denomination among the and irreligious, and thatit prevents the natu- many they have. Had we not sooner receive ral progress of the State. Why, Mr. Presi- theBible as we are taught it, than any such dent, these arguments against slavery, after teachings. We rather keep rid of them than the arguments and evidences which have been encourage emigration here. offered in its support, are but the offspring of u hypocrisy, to my mind equalling the hypoc- n tht entlemen aibout slave risy which Glosterattributedtohim aristocracy. In that gentlemen again show risy which Gloster attributed to himself, i when ihe said: their ignorance of our institutions, and But then I sigh, and with a piece of Scrip- our civil and social relations. I know noButouhren I-. thing of slave aristocracy. With us it does Tell them that God bids us do good for evil, not exist, and I am sure it does not exist in Tell them that God bids us do good for e any part of the State. Virtue is the true And thus I clothed my naked villainy any part of the State. irtue is the true With odd old ends stol'n forth of Holy Writ, guide to greatness with us. If a poor youth And seem a saint, when most I play the devil. by the hand, is edcatedit and ofuered every Mlluch has also been said aboutour worn-ou by the ad, is edcated and ored every lands, and the difficulty of cultivating them facilities for advancement and if he enters facilities for advancement, and if he enters ud s, and the diste of negro slaveryting themDo either of the professions, he generally is more gentlemen know asenythin about this? l. is successful than men of fortunes. We offer gentlemen know anything about this? It is him the right band of fellowship, and enmere speculation. They know as little about hir the right band of fellowship, and enthis as they do about most of the subjects they courage him in every way to become a good undertake to argue before the Convention and and useful citizen. the reasons they assign why slavery should be It is soid that the marriage relation is not abolished. Theysaythatitwillmakeroom for recognized in slavery. Why, ever since the the white man; that we will then have emi- organizatio of the State Government, mingration here from the North. Well, God help isters of the Gospel have been authorized to us, if we are to have such as I have seen. I marry colored persons, with the consent of would sooner be without them. If' I could I the master, and I never in my life knew that would bilild a wall about us. I would live consent to be withheld. Such marriages are within a shell, sooner than live and breathe always held sacred, particularly by the massuch an atmosphere as they diffuse, coming as ter, and nothing but pressing necessity bethey would from the fetid atmosphere of the yond his control makes a slaveholder sepaNorth, with all their isms, many of which are rate either man or wife, or parent and child, as blackas purgatory. W7hat? Coming here In the State of Louisiana, for years and to diffuse their bated principles among us. years, there has existed a law which preMay God deliver us from them. vented the separation of children under fif 687 teen years of age, from their parents, and it say boldly upon this floor before High Heaven, is made a penal offence to do so. that you will hencefobrward be governed in.Mr. SANDS. If my friend will allow me to every action in life by the immutable princimake a remark here, I am sure he is aware ples of truth and justice, and not by the that the provision in regard to marital rela- teachings of fanatical parties. Then, and not tions among the slaves in Louisiana, do not till then, will you have done ju;tice to yourexist because of any State law. That is a selves, justice to the slaveholder and slaves, part of the French code which existed there and justice to your State. at the time we acquired that territory by pur- Mr. MARBURY. I did not intend saying chase. one word further upon this question. But Mr. BERRY, of Prince George's. In an- what I have said was said within the hour, swer to that I will say that so much greater and I hope that in consideration of that fact the virtue in retaining it as a part of their I may be allowed, merely as a matter of excode. They would not change it, although planation, to set right certain historical their Legislature had the power to do so at facts, and to reply for a few moments to the any time. Instead of changing it, they con- gentleman from Cecil (Mr. Pugh.) tinued it in operation. They saw the virtue Mr. PUGH. I certainly cannot consent to in it. It was a wise and moral provision, that unless I am also allowed the privilege of and necessary to keep the slaves happy and replying to the gentleman from Prince contented among them, and to make them George s (Mir. Marburv.) useful Christian people. The PRESIDENT. One of the rules of the I have notes here which would, perhaps, oc- Convention requires that no member of the cupy me an hour longer, but I will not trou- Convention can be allowed to speak twice ble the Convention except to say that whilst upon the same question until every other yon in your mad career- member of the Convention who desires to Mr. ScoTT. I move that the gentleman be speak has had an opportunity to do so. If allowed to extend his remarks till he gets no other member, who has not spoken, dethrough. sires to speak, the gentleman from Prince MIr. BERRY, of Prince George's. I want George's (Mr. Marbury) can speak again. only a few minutes more. But if there be any other gentleman who deThe question was taken upon the motion sires to address the Convention upon this to give the gentleman further time, and it su1bject, he must be first heard. was agreed to. Mr. BARRON. Well, Mr. President, I desire Mr. BERRY, of Prince George's. I only to say a very few words upon this subject. desire a few minutes. You need not be alarmed. The PRESIDENT. There is no limitation on The PRESIDENT. I am only noting the time the gentleman's time now. at which the gentleman commences his reMr. BERRY, of Prince George's. I will not marks. certainly intrude my remarks upon the Con- Mr. BARRON. You need not do that. I will vention further than to say that you who are not detain you the hour, you may be sure of now engatged in this wild career against this that. I wish to do as some other gentleman institution, must take the responsibility upon are doing here; I want to put myself exyour own shoulders. Not only in overriding actly right upon the record, and in doing all State laws, and ignoring the rights of' the this it will be with no expectation upon my citizen. but in destroying an institution which part of converting any one in this Convenis upheld by the law and the Gospel. Let tion over to my side. For I do assure you me sug rest to you who are prepared to do so that I am perfectly confident that at this momuch injustice, that before the vote is taken ment the lines are drawn as tight as they you may have an opportunity of going into possibly can be, that they will not vary more your closets and there communing with your than the needle from the pole. I do not exGod. I hope He will enlighten and teach pect to couvert anybody to my side of the you thattfanaticism is not religion. That in- question, and not even the Apostles if they justice is not justice; that falsehood is not were here to-day could convert me from it. truth, and He will make you wiser and lead Now, in the course of my remarks, it is you to look to this subject in a true light, very likely that I may say some things that and to consider whether your State or the will be as radical, as extreme North, as genslaves will be benefited by the p tssage of tlemen upon the other side are extreme the measure, and to consider seriously of the South. injustice that will be inflicted upon the mas- And before I go any further, I must pay ter. If' you will do this and do it in sin- my respects to the gentleman from Kent (Mr. cerity and truth, and not under the. excite- Cham!hers.) I was tauight to believe that he ment of the moment, but with a desire to be was pretty nearly one of the worst men in led to the proper conclusions, I think you will the world; upon honor I was. [Laughter.] come balck here better men, with different But the other day he got up here and delibconclusions and different purposes, that you erately said to this Convention that he had will, under His holy teachings, be able to been a whig as long as there was any whig 688 party.. Well, sir, that itself covers- a multi- been kind enough to get ready for me. I do tude of sins. [Renewed laughlter.] not know that I shall use them, but I thank Mr. CHAMBEns. I hope the gentleman has him for his kindness. The other side have changed his opinion of my character. really been kind to each other in this way; Mr. BAaRRoN. Certainly. I want it dis- and it shows a good disposition on their part tinctly understood that I do not intend to to be true to one another. But it has not offer an insult to any gentleman present; I been so upon our side of the house. Our want that distinctly understood. Because friends seem generally to act upon the printhere were only two things I liked General cipleof big I and little u. Jackson for; one was that he never attacked Slave labor was never stronger and more any one, always stood on the defensive; and secure in its whole history, thanr when Mr. the other was that he swore by the eternal Lincoln was elected President. Its advocates that this Union should be preserved. [Ap- had the control of the Senate and House of plause, promptly checked by the President.] Representatives. I want now to attend to my fiiend from I want to say another thing right here. I Somerset (Mr. Jones) over the way. do not offe'r these remarks because I think I am A MEMBER. He is not now in his seat. an orator, but I just do it so as to go on the Mr. BaRRON. Well, I am not going to say record. Do you understand? These things anything to hurt him; you need not be are to be handed down to our little ones, so alarmed about that. I am opposed to all that they may know whether we a, e right or these little personalities. The gentlemain wrong. And for that reason I hiavre taken a from Somerset said he was a whig-arid a great deal of pains, I assure you, to get these great big response came up from my heart- remarks into some kind of shhpe. "So was I," and then there was a sad story During the session immediately preceding came up in my mind. What do you think the coming into power of this-admin-istration, it was? I looked at my friend from Kent. they found the majority of the republican (Mr. Chambers,) and I looked at my friend members disposed to do everything to refrom Somerset, (Mr. Jones,) and then I lieve them of all anxiety about the safelty and thought of what was said of one whose security of their institution. The latter were name I will not mention. " The leg you lost even found passing Terri orial bills that sesat Saratoga, if no one else will do it, I will sion, without any proviso against slavery, in take it up, and carry it away and bury it their anxiety to avoid the present sectional with all honor. But the body that would warfare. But, having divided and destroyed have given up West Point to our enemies, it the democratic party, because all its compomay hang as high as Baman." That is the nent parts iwould not bind thems. lves td the view I take of that matter. introduction and preservation of slavery in Now, before I go any further, let me say all tlie Territories of the United St'ates therethat speech-making is an up-hill business with after to be created and organized, the leaders me; 1 did not start at it early enough in life. of the Southern democracy determined to And if this rebellion had not bioke out, I separate the slaveholding States from the should not be here to-day. But the country balance of the Union. I do not know as called and I obeyed. [Laughter.] As it is, these ideas suit my friends; the words are I suppose I am here just about the same as hardly lonff enough-and thus to subvert and any other member is. And I want to give overthrow the best and freest government you these few remarks for what they are upon earth. It Was these democratic divisworth. And before I forget it, I may as well ions and- quarrels which brought the present say that I shall most likely commit theAlpha administration into power, and, hence, if and Omega of all offences, within these bhal anything has since transpired repugnant to lowed walls, all stainel with slavery. I shall the feelings and destructive to the intermost likely quote from the Helper book be- eats of any portion of the people outside fore I get through. [Laughter.] of the States in rebellion, let the responsiI assure you, Mr. President and gentlemen, bility be fixed upon the heads of those to that it is- with feelings of diffidence and re- whom it properly belongs. Perhaps, if my luctance, with the kindest c'onsideration for poor head and feeble hands had had the cona11 in political opposition to me that I under- trol of events during the last four years, the take to express my humble views upon the bitter cup that is now presscd to the lips of so article of the bill of rights now under con- many of my fellow men of Maryland, might sideration The question of' ridding Mary- have been passed from them. Nevertbeless, land from slavery, and converting her into a I cannot say that I much regret what they field for free labor, has been forced upon us term the manifold evils connected with this by the war which the especial admirers of war, for the reason that they were all foreslavery themselves inaugurated in this told, and warnings to avoid them loudly country. sounded into their ears, by the strongest and And I want to say one word right here as wisest men of both North and South. This I go along. I have some authorities here, calamitous, bloody and destructive war, is nowhich my friend on my left (Mr. Thomas) has thing but the offspring of slavery. It has 689 cost so much of men and treasure, privation riod of time, be more than compensated for and sorrow, and the enhanced price of every- their present losses and inconveniences, in a thing essential to the subsistence and com- supply of a more reliable and productive fort of the people, that we shall:prove un- laboring force, and in the increased value of faithful to our trust if we fail to strike a all their real estate. blow at the cause of it to the extent of our Now, Mr. President, let us see about that; power. That power is confined, as you let us take Washington city for an example. know, to the State of Maryland. Further Whilst entirely under the control of the than this we cannot go. Slavery being that slaveholding interest, if not a slaveholding cause, it behooves all who would save the people, its increase in population was slow, country from a similar sanguinary and de- and there were but few signs of activity and structive strife in years that are to come, to enterprise in its business circles. Since the remove it as speedily as possible. Regarding inauguration of President Lincoln, and the its removal as a thing already determined commencement of this slaveholders' war, upon by a majority of the people, upon a full hundreds of the hardy sons of the North and and a fair vote, we are next to consider Northwest have gone there, and not all in whether our people will, in the end, be gain- pursuit of office, by any means, but quite a ers or losers by it. large number to engage in business operaThe disturbance of the relations I}etween tions.'I grant that this war, with its hunmasters and slaves, traceable, to nothing but dreds of thousands of combatants who tatried this causeless rebellion, has necessarily greatly so long in Washington, or- not very far from diminished, for the time being, the products it, has had much to do in: imparting new life of the s6il of our otherwise highly favored and activity to that once sluggish place, but State. The loss of labor caused by the with- it must be remembered that the trade with drawal of' so many slaves from their long- these large armies is. very limited in Washaccustomed fields of operation, may not be ington compared to that of New York and fully remedied till the close of the present Philadelphia, and even Boston and Baltiwar. TIMt, that great corrective of all in- more. Its population has, therefore, been conveniences and evils, will, in good season, more than doubled within three years, and bring to us thousands of farm laborers from its business operations increased fully ten the ranks of the army and future European fold within the same time by the introducimmigration, in spite of all the casua-lties of tion of the enterprising element of the North the numerous battle-fields. The non-slave- and the progressive spirit which exists in all ho;ding States, ever ready to meet all emer- quarters where freedom is general. Real gencies, have sent to their fields and forests, property has advanced in value there to a deduring this war, a heavy laboring force, gree which utterly surprises some of the which, previously, might be classed as par- youngest as well as the oldest inhabitants tially unproductive. They, therefore, suffer who claim that city as the place of their but little from the drain of men required for nativity. Houses and tenements command the prosecution of the war. They aire be- rents which sound fabulous,: and though this coming accustomed to the dispensing with may be unwelcome to the laboring populathe labor of the latter. Consequently, when tion, it is a source of immense profit to that this cruel secession war ceases, there must be class of her people who occupy a rank in sothousands and tens of thousands of appli- ciety similar to the leaders in this rebellion cants for labor on the farms of Maryland and against our Government. It was: the propother Border States, from: the ranks of our erty holders-the aristocracy —o the South discharged soldiers and the foreign immi- who gave birth to this: wicked rebellion, and grants seeking more happy and prosperous it is almost entirely that class of men in homes in the United States. Maryland who sympathize with the rebellion Now, that is common-sense; that is the and hope for its success. The friends of the way I look at it. The question is not what Government are anxious to see every section people awayback in the world did then, but of this State "flourishing and blossoming " what am I to do to-day. I have no business like Washington. We do not wish to see all with what a long line of ancestors did; my the signs of progress and improvement conbusiness here to-day is to do what I have to fined to the northern tier of our counties. do, without regard to what my grandfathers We are tired of looking upon the antiquated, and grandmothers did away back ever so unprogressing and.often decaying towns and many years ago. villages of a State which nature has so highly Why, then, should any of our people in- favored. Nearly all along the line of that dulge in feelings of bitterness and malignity greatest public thoroughtare of its countrytowards the Government, because of the tern- the Baltimore and Washington Railroadporary inconveniences to themselves- growing very Yew signs of tasty and productive farmout of the determination of that Government ing and gardening are to be seen, and travelto get entirely rid of the cause of such a war. lers from all " live countries' notice it and with the war itself'? If they will have a speak of it to our reproach. Every acre of little patience, they will, in quite a brief pe- land on that road for at least a mile or two 690 on the right and left ought long since to have that can be raised anywhere else, the harvests been made' rank " in fertility, and grow- of fish and oysters that can be gathered in ing hundreds of thousands of dollars worth their numerous water courses, and the ready of supplies for the Baltimore and Washing- access to two markets which these water ton markets. We will find this existing on courses afford, I am' scarcely doing justice to the railroad lines of Pennsylvania, New York, this important and most desirable section of New Jersey, Connecticut and Massachusetts, country. Let me say to their numerous resand if we remove that impediment to an en- idents who are so bitter against this Adminterprising immigration-the blight of slavery istration for its recognition and treatment of -the time will soon be at hand when we will slavery as the instigation of this unnatural not be ashamed to point to the land on the war, that if these counties had been located two sides of our railway to the National in any one of the Northern States heretofore Capital. named by me, their long desired railroad Leaving this railroad, with its slow travel from the Patapsco, at Dugan's Ferry, to a from want of a double track and its straight- point on the Potomac River opposite Acquia ening across Gwyn's Falls at its first ap- Creek, would have been completed twenty proach to that narrow stream-all owing to years ago. With such a transporting agency the unprogressiveness natural to a land of carried to the doors of the farm houses a litslavery-I am next to devote a few remarks tle remote from their navigable water courses, to the counties of Anne Arundel, Charles, they can send to market and dispose of to Calvert and St. Mary's, and then cross the advantage many products in small quantities Chesapeake Bay and pay my respects to yon, which at present go to the account of profit Mr. President, and the rest of our Eastern and loss. And you can't rub that out, either. Shore friends. There is not a more inviting Banish slavery, and settlers will quickly come, region on the face of this wide earth than among you who will push such a railroad to these counties for farmers and gardeners of completion. other States who may feel disposed to seek The Eastern Shore counties, directly opnew fields for their enterprise and labor. posite, have arms of the noble Chesapeake Now, that theory is not like what these and its tributaries, stretching out almost to legal gentlemen get up, who come in here the gates of a majority of their farms, and with a parcel of rusty, musty old books. every acre of their lands can be made availaI do not understand that sort of thing. I ble for the production of articles that find a want to take things practically, just as they ready sale at paying prices in the markets of are. Philadelphia and Baltimore, for those are the With slavery forever removed, thousands markets I am most familiar with. of acres of land must be offered for sale in a Their swamps and marshes, if not readily brief period, and the prices it will command drainable and convertible into arable land, will fully compensate for that loss of slave annually furnish a growth of bush that can labor which is now operating as a temporary be cut and used in shading and fertilizing burden upon their shoulders and a transient the surrounding worn out soil; but the far blight upon their farms. With their fields of larger surface of these swamps and marshes culture greatly circumscrihed by the profita- can be made to grow grass in luxuriance and ble sales they will be able to make, they can abundance. There is no waste land in this start on a new career with free labor and region-you know all about that, I reckon, very soon find one hundred acres of land as Mr. President-and every acre of it, like the productive and profitable as five hundred more southern portion of the Western Shore, once were. The present generation may not can be cultivated at a small cost. There is realize all the great advantages that will flow nothing wanted in the two accessible markets from a substitution of free for slave labor, but that cannot be produced with profit on their we are not to pause for that reason in com- territory, and there is no article thtat they ple'tin.. the work which our constituents sent can produce which will fo long without a us here to perform. We are to legislate for profitable purchaser. Let their slaves go, the benefit of' generations to come as well as and free labor be substituted, and there will the people of the present day. We are to come along, in due time, a class of farmers look to the interests of posterity as well as which will make their deserts, if any, " flourour own. If, iL the feeble efforts I make to ish and blossom like the rose," and by their promote the future progressand prosperity of example of ingenuity and industry, stir up these counties and their inhabitants, I shall all the old residents to renewed vigor and life, advertise their lands to any advantage, I and thus convert the Eastern Shore into one pray them not to censure me for it, because of the " garden spots" of the nation. such is not my design. When I speak of the I have not done you much injury yet, have kind and so easily improvable lands of this I? I know I have said nothing offensive so section of our State, the small wear and tear far. Judging from what ingenuity and enof agricultural implements and beasts of bur- terprise have accomplished in the naturally den in cultivating them, their adaptedness to sterile and forbidden north-east, I feel that I the growth of all farm and garden products am drawing no fancy sketch in thus portray 691 ing the improvements and prosperity which dance, and with these deprivations come the will follow the banishment of slavery from destruction, whole or partial, of' their works Maryland. of internal improvement, their commercial Now, a few words, Mr. President, if you marine, and their profitable commerce with please, on the desolation which slavery has home and foreign States. Surely, this is not brought upon its own special home by the war the entertainment to which they invited their which it commenced and still persists in, for deluded and now suffering people? How making itself the controlling element of this thankful ought we of Maryland to be for our continent, as well as our own country. Ow- escape from the destructiveness and personal ing to the self-reliant population which su(ch privations which are everywhere visible withcommunities as Baltimore and many of the in the domains of this slaveholders' rebelEastern cities had contributed to the South lion. Had they and their active sympathiduring the previous twenty years, and the zers in our midst succeeded in dragging emigrations thither of many skillful mechan- Maryland into line with the seceded States, ics from such portions of the old world as I am rather inclined to believe that the genGermany, England, Scotland and Ireland, tlemen on the opposition side of this Conthat section of our country was making quite vention would have something much more a rapid development of her manufacturing serious to complain of than our present deresources, and beginning to take giant strides termination to make Maryland a free State in works of internal improvement. Mary- for the future. Judging from what transland and Baltimore had sent from our work- pired in Virginia; our farmers would scarceshops machinists and mechanics by the hun- ly have been left with a single enclosed field dreds, to hblp her along in the new career to cultivate, nor a single forest from which upon which she had started. Favored by to collect the material for re-enclosing them. nature with a genial climate and productive Slaves, farms, forests and fruit-trees would soil, immense deposits of iron and coal in all all long since have been swept away, so far her, mountain ranges, and an unlimited wa- as "turning either to useful account" is conter power, flowing from these wooded heights cerned. to her navigable streams, all the South want- Slavery being the great offender which ed was a few more years of peace with all the insisted upon having this destructive and world and a kind welcome to all settlers from desolating war, and subjected to so many the land of ingenuity and enterprise to place privations and losses thousands of women her foremost among the favored regions of the and children of the South, in addition to the earth. But, as I remarked at the beginning, hundreds of thousands of lives sacrificed, with evidences pouring in upon them from or made useless, and countless families every source, of an indisposition on the part clothed in mourning, and the anxious agent of the then triumphant anti-slavery party to for making Maryland the battle ground of the disturb their institution of slavery, the same war, and covering every acre of our territory restless and insurrectionary spirits which with darkness, desolation and blood, it is rudely dissolved their connection with most meet and proper that it should be severely of their party friends in the north-east and punished, and the members of this Convennorth-west, heedless of warnings from all tion should take a part in inflicting the punfriendly sides, madly rushed into this war for ishment. Its heinous and grievous sins, the overthrow of'the Government. They wished whose tracks are visible in every part of the no further connection with any State whose South where its war has penetrated, have people did not admire slavery. They sepa- earned the penalty of death, and that is its. rated from their sister States and declared doom in Maryland, which I wish to see and commenced war against this administra- sealed at the earliest possible period. Not tion for the better security of slavery.; but, only should we of the "Government party," Mr. President, what has been the result thus as we are termed, sentence this offender to far? The blows which have been struck by death, but it strikes me that the members of the government, purely in self-defence, have the opposition on this floor ought to raise depopulated large strips of their territory of their hands in devout gratitude to God for slaves, and the tread of our powerful and their escape from the desolation to which conquering armies promises soon to liberate Virginia has been subjected by the ambition the remainder. This, however,. is a trifling of' slavery, and join with us in casting an calamity, brought upon the South by the in- unanimous vote for the article of the Constisanity of her controlling politicians, compar- tution now engaging our attention, With ed with others In the neighboring State of free labor once properly organized and disVirginia, we see on the east and on the north tributes throughou;t the State, we shall unand north-west an extensive region of coun doubtedly soon flourish as other free States try devastated and desolated by the frequent have so long flou ishled; and though we may marchings and " restings" of contending have to endure a little reproach from men of armies. The most luxuriant and fertile fields the present time for the temporary inconof Louisiana, Mississippi, Arkansas and Ten- veniences arising fiomr their delay in preparnessee no longer bring forth their rich abun- ing for a change which they certainly long 692 since saw was approaching, the young people mother. Now it may be that this is a wrong now advancing to mature years will honor expression; it may be that according to the and bless our memories for ridding our State fashions of the day, I ought to have said my of the slave-labor system. pa and ma. [Laughter.] But, howsoever, Now, Mr. President, I had this thing fixed I preferf-the former, as it is what I was used just exactli so I would submit it properly. to. And I love Maryland, sir, because upon I did not think it was the manner-T did not her soil the issue of my loins were born, and care about the m,-uner-it was the matter I a portion of them are buried. And I love cared about. I just offer this as a platform her, sir, for her city that has plenty of inonuof my own. ments. Mr. President, because within her And here I want to make a little explana- borders I first learned to ask the Lord for my tion..Mr. President, there has been a great daily bread. I love her, because she has deal said about Massachusetts upon this floor been to me a father and a mother since I was during the session of this Convention and the six years old. And now, Mr. President, there last Legislature, concerning the. wrongs that are gentlemen upon, this floor who say there she has committed. Well, she may have c.om- is a desire on our side of the House to humitted a great many faults for aught I know, miliate Maryland. Why, I would just as but the question arises. whether we have not soon humiliate my own household. Why, committed some wrongs also, in the State of sir, I would just as soon suck. my mrother's Maryland? Well, sir, I make the assertion milk, and whip her afterward for giving me that we have, and to prove it to your satis:. the nourishent that I could not ghave done faction is the transaction of April, 1861; without when I was a child. Nay, more; I and by the record you will find that the sol- would rather take my first-born and sacrifice diers of Massachusetts were murdered on the it upon the altar of qMaryland, than to ever soil of Maryland, who were peaceably march- humiliate her by any act of mine. ing to the front to keep this inhuman war Now, r. President, I am confident that from our doors. it does not make much difference to me, so Mr. BERRY, of Prince George's. In Balti- far as slavery is concerned, for in a very few more city. years, or months, or days, I may be in that Mr. BARRON. Yes; that is in Mar7yland,- land where the Masterof us all suffers neither I believe. And I would ask you, Mnr. Prpsi- treason or rebellion to exist at any time or dent, when in your life's history before was under any circumstances. I do not know it denied to the soldiers of the United States whether I shall live to see the fruit of the to tread any portion of her soil? But, Mr. orchard I am trying this day to plantPresident, there has never been one of the whether it shall be good or bad. But I soldiers of Maryland murdered upon the soil want to see Maryland a free State I do not of Massachusetts during this rebellion, and want to see her a free State, and have any if either should complain, it should be Maspersons injured by it. I do not want to make sach useits. sachsetts.. the city of Baltimore pay out of the forty Mr. President, T love Massachusetts, be- millions of dollars-that I believe is what cause under her soil in Springfield a portion gentlemen say their slaves are worth-twoof my ancestry are buried. I love her, be- thirds ofthat sum. cause upon her soil a Warren fell, and a portion of my ancestry fought with him. And Idid intend to say more. But I also love her, becazuse she has a Bunler I have said just about as much as I need say Hill. And I love her for her democratic in- for the present. I have a few notes here, but stitution of free education. as long as the gentleman from Anne Arundel Now, the gentleman from. Anne Arundel (Mr. Henkle) is not now in his seat, I will (Mr. Henkle) said here the other day. that not replyto him. But I had intended to he was a native of Maryland, that hlie was pinch him a little. born upon the soil. Well, all I have to say Now, Mr. President, I have said about all is, that I do not think the soil brought forth I wish to say upon this question at this time. a very wonderful crop that time. But, sir, I have a few words to offer to my Mr. BILLINGSLEY. I rise to a point of Divine Master in prayer, and I will say it order. right here: that the Lord of hosts may so Mr. BARRON. Go ahead, and state your regulate the covrse of events that wherever point of order. [Lautghter.] man, independentofcolor, shall be compelled The PRESIDENT. The gentleman from Bal- to labor for his daily bread, he shall have timore city (Mr. Barron) can proceed, pay for his labor and universal freedom. Mr. BARRON. Well, I have not come in Mr. STOCaBRIDGE obtained the floor. here with one of those speeches, that, like the Mr. BERRa, Of Prince Georges, moved that things children play with, you can fold up the Convention do now take a recess until 8 and put in your pocket, and then take out o'clock this evening. and string out as long as your arm. Mr. STOCKIBRIDGE. I have no choice. I Mr. President, I love Maryland, for under wish to offer a few observations to the Conher soil rest the bones of my father and my vention before this article is passed over. I 693 am entirely indifferent whether I do so at this Mr. THOMAS submitted the following amendtime or this evening. ment; Mr. S:IITH, of Worcester, asked and ohb- Strike out the word "' to-morrow," and intained leave of absence from the Convention sert the words " on Saturday next." for a few days. The question was upon agreeing to the Mr. BILLINGSLEYr. I think it would be amend:nent. manifest injustice to the gentleman from Bal- Upon this question Mr. SANDS called for the timore city (Mir. Stockbridge) to compel him yeas and nays, which were ordered. to make a speech at this time. The question was then taken by yeas and Mr. CHAMBERS moved that the Convention nays, and resulted yeas 26, nays 32, as foldo now adjourn. lows: Upon this question Mr. SANDS called for the Yeas —Messrs. Berry, of Baltimore county, yeas and nays, which were ordered. Billingsley, Blackiston, Briscoe, Brown, CarThe question being then taken by yeas and ter, Clarke, Cunningham, Duvall, Edelen, nays, it resulted yeas 34, nays 41, as follows: Hollyday, Hopkins, Keefer, Lee, Marbury, Yeas —Messrs. Goldsborough, President; Mitchell, Miller, Negley, Nyman, Parker, Audoun, Barron, Berry, of Prince George's, Parran, Peter, Sands, Sykes, Thomas and Billingsley, Blackiston, Bond, Briscae, Brown, Turner.-26. Chambers, Clarke, Crawford, Dunvll, Davis, Nays —Messrs. Goldsborough, President; of Charles, Earle, Gale, Harwood, Hollyday, Abbott, Annan, Audoun, Baker, Cushing, Horsey, Johnson, King, Lee, Mitchell, Miller, Daniel, Davis, of Washington, Earle, Ecker, Nyman, Parran, Peter, Pugh., Purnell, Ridge- Farrow, Golloway, Greene%, Hebb, Hopper, ly, Smith, of Dorchester, Stockbridge,Thomas i Kennard, King, slcComas, Mullikin, Murray, and Turner-34. Pugh, Purnell, Robinette, Russell, Schley, Nays —Messrs. Abbott, Annan, Baker, Car- Schlosser, Scott, Smith, of, arroll, Sneary, ter, Cunningham, Cushing, Daniel, Davis, of Stockbridge, Thruston and Wooden. -32. Washington, Ecker, Farrow, Golloway, The amendment was accordingly rejected. Greene, Ilatch, Hebb, Hopkins, Hopper,Jones, The question then recurred upon the origiof Cecil, Keefer, Kennard, Larsh, Marbury, nal order as submitted by Mr. HLEBB. Markey, Mc olnas, Mullikin, Murray, Negley, Upon this question Mr. DAVIS of WashParker, Robinette, Russell, Sands, Schley, ington, called for the yeas and nays, which Schlosser, Scott, Smith, of Carroll, Smith, of were ordered. Worcester, Sneary, Stirling, Sykes, Thrus- The question was then taken by yeas and ton, Wickard and Wooden-41. nays, and resulted yeas 41, nays 19, as folThe Convention accordingly refused to ad- lows: journ. Yeas —Messrs. Goldsborough, President; On motion of Mr. THOMAs, Abbott, An nan, Audoun, Baker, Berry, of The Convention then took a recess until 8 Baltimore county,.Nerry, of Prince George's, o'clock P. M. Cunningham, Cushing, Daniel, Davis, of E1VENING SESSION. Washington, Earle, Ecker, Farrow, Galloway, Greene, Harwood, Hebb, Hopper,Keefer, The ~Convention reassembled at 8 o'clock way, Greene, Harwood, Hebb, JopperKeefer,.The Conventlon reassembled lat 8 o clock ennard, King, Marbury, McComas, Mullikin, Murray, Nyman, Pugh, Purnell, RobiThe roll was called and the following me- nette, Russell, Sands, Schley, Schlosser, Scott, bers answered to their names: Smith, of Carroll, Sneary, Stockbridge, Messrs. Goldsborough, President; Abbott,'1homas Thruston and Wooden-41. Anan, Audoun, Baker, Barron, Berry, of Nays-Messrs. Billingsley, Bllackiston,BrisBaltimore county, Berry, of Prince George's, Coe Brown, Carter, Clarke Duvall, Edelen, Billingsley, Blackiston, Briscoe, Brown, Car-'ollydiay, Hopkins, Lee, Mitchell, Miller, *ter, Chambers, Cunningham, Cushing,, Dan- Negley, parker, Parran, Peter, Sykes and iel, Davis, of Washington, Duvall, Earle, Turner 19 Ecker, Edelen, Farrow, Galloway, Greene, The order was accordingly adopted. Harwood, Hebb, Hollyday, Hopkins, Hopper, Keefer, Kennard, King, Lee, Marbury, Mc- DECLARATION OF RIGHTS-EMANCIPATION. Comas, Mitchell, Mulliliin, Murray, Negley, The Convention then resumed the consideNyman, Parker, Parran, Peter, Pugh, Pur- I ration of the order of the day, being the renell, Robinette, Russell, Sands, Schley,Schlos port of the Committee on the Declaration ot:ser, Scott, Smith, of Carroll, Sneary, Stock- tlights, which was on its second reading. bridge, Sykes, Thomas, Thruston, Turner, The following article was under consideraWVooden-59 tion: Mr. HEBB submitted'the following order: "Article 23. That hereafter, in this State, Ordered, That debate on the 23d Article of there shall be neither slavery nor involuntary the Bill of Rights shall be closed to-morrow servitude, except in punishment of critne, at 2 o'clock P. M., when: the vote shall be whereof the party shall have been duly -conta; en on the pending'amendment, and the victed; and all persons held to service or labor article under consideration. as slaves are hereby declared free." 694 The pending question was upon the follow- content to sit as absolute monarch. But even ing amendment, submitted by Mir. BROWN: that did not content it. In its citadel of Add to the 23d Article, the following: wrong it plotted to add the extinction of "And the Legislatureshall make provision national existence to that of individual freefrom the Treasury of the State for the cor- dom. But in its plotting it broke the wand fortable support and maintenance of the help- of enchantment; and its victims sprang from less and paupers hereby emancipated." their unnatural sleep to the assertion of their Mr. STocKBRIDGE. Mr. President, I ap- life and their manhood. And now the world proach the discussion of the question now be- recognizes the hand of manifest destiny writfore this Convention with something of reluc- ing upon its crumbling palace walls, these tance, and with unfeigned diffidence. It has words of ill omen to it, but of good cheer already, at least in many of the speeches, to the nations "lene, Alene," GOD hath been ably and amply discussed. Besides numbered thy kingdom and finished it; which, I cannot flatter myself that I can say "Tekel," weighed and found wanting, and anything which is adequate to the occasion, palsied and dumb, in the presence of this unand to the question before us. expected blazing forth of Divine wrath, and It is a question of paramount importance; the seconding of that wrath by the people, it one which is not to be reckoned, as it has interposes one fe6ble barrier after another, to been, by dollars and cents alone, going as it stay the inexorable course of' events; but in does to the very foundation of the social and vain. And the question comes before us, as industrial systems of our State, and shaping I said before, not because its enemies brought as it must in no slight degree the whole future it here, but because it is brought here by its of our State. Yet the question is here before friends, and God. us, and it must be met. It is submitted to' us, the equal represenIt has come here through the action, not of tatives of the sovereign power of Maryland-I the enemies of' the institution, but of its say the equal representatives-for an effort friends. By them has the issue been precipi- has been made, persistently made, with sintated upon Maryland and upon the country. gularly bad taste it seems to me, (to call it For though it is true that there had long been by no harsher name than that,) to draw a here many who believed that slavery was distinction between principles and mren upon an evil socially, politically, morally, reli- this floor. Some have been called " exotic," gionsly; in the language of a distinguished and some " native and to the manor born," slaveholder, " evil in its inception, in its du- and that, with some gentlemen, has been the ration, and doomed to be such in its catas- ultirma ratio nothingr more was to be said. trophe;" an unmixed, unmitigated evil, They havewithout palliation or defence save in necessity, Asked not cared not what the scheme might yet the men who entertained those sentiments, be, being persuaded that its extinction could only savored of geography be wrought by the slow processes of the Great Not does the o g d ill cline Innovator, or the earthquake throes of bloody Not, does the pla to goo or revolution, were content to pray and wait. But, was the mover bolnwithin the line' For the sake of peace, they scarcely protested Such gentlemen from my heart I pity. Lackagainst that which in their very hearts they ing either the ability or the courage, or at believed to be " the sum of all villainies." least the inclination to grapple with the great For the sake of peace, they were for long questions before us, and to decide them upon years dumb in the presence of the continued principle, by their intrinsic merits, they fall infractions of the principles of the great char- back for the support of their measures and ter of American freedom, and the constant pride themselves upon that in which the most violations of the principles and teachings of degraded slave upon the worst managed the Great Author of our religion. For the plantation in the State; the goose that wadsake of peace, they silently saw iniquity, dies through the street; the terrapin or the what they believed, what they knew to be oyster is their equal; for they are " native iniquity, framed into law. For the sake of and to the manor born." peace, they saw a giant edifice of wrong built But we are here as men, equals, citizens of up amid scoffs, and sneers, and unmeasured the United States, residents of Maryland. denunciations of all who believed that there Some of us are resident here by the acciwas any higher law than theirs; or who dent of birth; some are resident here by our deemed that that law which was traced deep own act of choice. Some of us were born in the stone by the finger of Infinite Majesty, here; some elsewhere, it may be in Massaamid the lightnings and the thunderings of chusetts, the old Bay State. God bless her. Sinai, had a more sacred sanction than that Here rest the ashes of the honored ancestry which was concocted in the conclave of dema- of some of us, and some of us remember gogues, and lobbied through these halls in with the tenderest emotions that within the Annapolis. bosom of Massachusetts rest the ashes of So it might long have continued to be, if father and mother, and ancestors for succesthis power, the slave power, could have been sive generations back almost to the days of 695 the May Flower. They were men who lived and with which the National Government there soberly, righteously, honestly, and has nothing to do. Now, however, for a shrouded a whole community in grief when present purpose, they teach that the State has they died. AMen whose character and posi- no power whatever over it, because the Nation is not indeed our boast, ior we were tional Constitution protects it. Now, I grant not taught in a school which prides itself on to its fullest extent that the United States the virtues of its ancestors more than its own; Constitution may restrain the National Govbut which is ever our bright example, so erument from appropriating slaves to public that we have no higher aspiration than to do use without just compensation; modified only. as much good in our day and generation as by its power and its obligation to " provide they did in theirs; to live as~widely honored, for the common defence and promote the genand to die as profoundly regretted. eral welfare." But the whole history of that I say some of us, with such memories and amendment to the Constitution shows that it such aspirations, have left the spot of our was designed as a limitation upon the power birth, and made our residence in Maryland. of the National Government, but not at all as And I wish it understood we came not here a fetter upon the action of the States themas adventurers or mendicants. We came here selves, to which was reserved the right and as pensioners upon nobody's bounty, craving power which we have reiterated in this bill nobody's hospitality; we asked and ask no of rights, the sole and exclusive right "to favors; we have brought something into regulate the internal government and police Maryla,nd, and have carried nothing out. thereof." The fact is too plain for serious Some scores of years, from our earliest man- argument. hood, we have labored here in our several And it is equally plain that in the work in vocations, openly, seen and known of all which we are now engaged, we are unfettered men. And we fearlessly challenge a scrutiny by any previously existing restrictions of a of the record we have made for ourselves similar nature in our own fundamental law. thus openly, when we say with him of old No law for it, Mr. President? We are con- " we have wronged no man; we have structing the lex legurn, the law upon which corrupted no man; we have defrauded no all the laws of our State are to be founded, man." With our record fully known, we are upon which they are to be constructed after here at the command of our fellow-citizens to or when approved by the sovereignty of the act upon this great question, the peers in our State, the people. It then overrides all laws own right of every man upon this floor, and and is itself the highest law which we can peers in right of those who sent us here, and recognize. No precedent? We are making whom we strive to represent. precedents. No precedent, I grant, in our The question then is submitted to this body own State, but we are making one. And thus made up, and we are to meet it by rea- there is precedent enough to guide us in this son. Whatever may be our interests in the matter in other States. past, the present, the Maryland of to-day is At the same time, while holding that we are ours in common, and the Maryland of the not fettered or restrained in our action in future is ours. We, as well as the native and any sense or form by the Constitution of the to the manor born, are tolive under the laws United States, I firmly concede that that prowhich shall be miade. And our children vision in the United States Constitution is who have been born here are to abide by the but the plain utterance of the doctrine of result of our acts. common honesty; that it is true everywhere, And the great question now before us is: that no man, and no body of men, great or Shall slavery longer continue to exist in small, has the right to take for its own use Maryland? Objeations are raised; we are that which belongs to another without just met at the very tureshhold with the great and compensation; that a State is unjust if it paramount objection that we lack the power takes for its own use the property of the to extinguish slavery. It is said that eman- humblest citizen without paying for it. But cipation is an interference with vested rights, the question of compensation is not before us rights which are guaranteed by the fifth in the present article. It is simply a quesamendment o the Constitution of the United tion at this time of the continuance ofslavery, States. It is said that there is no law for the and, therefore, I do not propose to discuss action which we propose to take, that there that objection now. When we come to conis no precedent for it. And this Objection, sider another article of the Constitution, it that we violate vested rights, guaranteed by will be time enough to investigate vested the Constitution of the United States, is urged rights, and see to what extent they control with apparent seriousness by the very men the rights of other human beings too long who, ten days ago, were carrying to its ut- divested of them, and whether it is to be the most limits the doctrine of State sovereignty; law in this State that the right of person or and who are also the very men who, time the right of property shall override, when out of mind, have taught the doctrine that the two come in conflict. I, therefore, shall slavery is a domestic institution, under the not dwell upon that point. exclusive control of the States themselves, We are met next with the objection drawn 6,96 from the moral point of view; the religions carrying out precisely the doctrine there, argument. And this, I confess freely, in the that the religious teachers may advise all presence of the Convention, I have not fully these servants, when they shall be freed, to understood, as-presented by the opponents of remain with their masters, " not now "-I this article. It is clear, however, that if they quote St. Paul —'not now, indeed, as serdo not make slaveholding a religious duty- vants, but above servants, as brothers betheir arguments. certainly approach that- loved, partners "-only asking that it may they do at least deny most strenuously that go upon the record that this thought of it comes in conflict with any religious obli- equality is a proposition of the opponents of, gation. Now, sir,.I do not propose to go at emancipation. Do not ch trge it upon me; I any length into theological argument. only accept it as a compromise. Tile 3ible has been brought here; it has been The great philosopher, Montesquieu, a cenread at great length by my friends in various tury and a half ago, with a truer insight into parts of the house. If it be so, that slave- the thing than some I see around me, disposed holding is a duty; if it be so, that it be not of the whole question. He found two facts; a sin even, I would be ready for myself to first, the fact that slavery did exist; second, abandon this question. I do not go to the the fact that we are a Christian people. And Bible-I may say I have not gone to it at all he said: It- cannot be that these things are as much as it was my privilege to have gone men, for if they be, the suspicion must come -I do not go to the Bible to learn facts of that we are not Christians; Christians could history. It is very condensed, and too mi- not hold men in slavery. And, therefor%, he nute, to give us any clear insight into the takes the matter boldly in hand, and denies course of any historic events. But I take the the manhood of the negro, because of the inBible as unfaltering, unswerving in its decla- compatibility of slavery and Christianity, ration of principles, tle only infallible guide and brings forward a long catalogue of good to man upon this earth. And its'principles reasons to show that they are not men. That are so simple, so plain, that the wayfaring position I can easily understand. And if man, though a fool, may learn them. I do, Chief Justice Taney, when he announced the not exatmine into the v. ry doubtful' lights of atrocious doctrine, uttered by him in the Dred history there to learn what sort of slavery Scott case, " that black men have no rights existed among the Jews.'But when I open which white men are bound to respect," had Moses' writings, and read, "thou shalt love started out with the idea that they were not thy neighbor as thyself "-I think I have got men, and followed Montesquieu, I could have at a principle of universal application. And understood that- also. But to recognize their when I turn on from that and read in the manhood, and then deprive them of all rights Prophets: " Thus saith the Lord: yehave not as men, is a very different thing. hearkened unto me in proclaiming every man I say, then, that in sound reason, upon the liberty to his neighbor; behold I proclaim a slightest examination of the doctrines of our liberty unto you, saith the Lord, to the sword, holy religion, when we come to conform our to thefanzine, to the pestilence" —when, havy-'laws to those laws, we must recognize their ing read this, and seeing what is the denun-' rights as human beings. And among those ilation of God, I look over this land at the rights, our fathers said it was selftevident presen:t day, I see no reason to -suppose that were life, LIBERTY and the pursuit of happithe Almighty One has changed. And when: ness. I stand with the fathers. I will not I turn from the Old Testament to the New, demonstrate axioms. and read:' "Whatsoever ye would that men But if it were otherwise; suppose this should do to you, do ye even so to them," I question came merely as one of policy, as an think again I have got at a great principle economical question alone, upon that ground which may control every question which may we stand strong beyond all controversy. arise betwren man and his fellow-man. And Gentlemen have assumed here that negroes when I turn forward again, I read: "Go to, willt not work except in a state of slavery; now, ye rich men, weep and howl, for your and firom that necessarily follows a long train miseries that shall come upon you; the hire of deductions..It follows that as labor is, of your laborers which have reaped down after all, the grand source of national wealth, your fields, which is of you kept back by if it be necessary for a nation to accumulate fraud, crieth, and the-cries of them that have wealth, there must be- some source of labor reaped have entered iuto the ears of the Lord upon which reliance can be placed. Well, of Sabaothi" I think I hear again notes of sir, it has been discussed before to-day, warning to our land; and when Ilook abroad: whether the hope of reward, or the fear of.lAsee the comment upon the passage. punishment, were the greater incitement to Bult we are told that the- teachings of St.: human effort. And I do not propose to go Paul, ill the great case of Philemon vs.' Onasi:- into this old country-lyceum question. I imus, must control this question. Well, sir,, think there are facts enough on all sides;for: the sake of compromise, I am perlectly around us to settle that question forever. willing to compromise with gentlemen here But I do not propose to wander abroad-to upon the doctrine of that case;' and will; say, any great extent. I will r!emark, in passing, 697 that I place no reliance upon the representa- wealth, first in everything. Then followed tions made here of disaster and destruction Pennsylvania, North Carolina, Massachusetts, from the extinction of slavery in other places. New York, the fifth, and Maryland, the sixth. Gentlemen have not pretended that disaster I will not go on with the list further. Thus followed the extinction of what little slavery the States started. Slavery existed in all of there was in the Northern States. But the them, save Massachusetts, and it had existed case of the West India Islands has been cited there but a short time previously. Very at great length. Now, I submit that no man shortly afterwards steps were instituted for has carefully read the reports of tra.vellers, the extinction of slavery in all the States and the statistics which they give, of those north of what is known as Mason and Dixon's islands since the extinction of slavery there, line-in the Now England States, in New but njust be forced to the conclusion that on York, Pennsylvania, and New Jersey. The every score, in every point of view, the West other States retained and still retain, a conIndia Islands have been immeasurably bene- siderable amount of slave labor. We have fited by the extinction of slavery. I ask in this State some 87,000 slaves still remaingentlemen to go to those prime authorities; ing. Meanwhile the course of empire has do not take statistics from some of the reck- taken its way westward, and in all instances less anonymous scribblers who are pandering the more southern portions had the advanto a desire to carry a certain end. Take the tage of prior settlement; Kentucky before authorities themselves and read' hem. Take Ohio, etc. Cochin's " Results of Slavery;" his "' Results Now, sir, though the States stood in 1790, of Emn;ncipation;" the', Ordeal of Free seventy-four years ago, as I have stated, how Labor in West India." I have named but do thev stand now? Virginia, from being two or three, but there are scores of them. the first, has become the fifth in point of And they all force the human mind, without population, and when I say "in point of the possibility of resistance, to the point that population," I mean the aggregate of popuno man can be found who does not labor lation, free and slave, black and white. If more persistently, more correctly, more re- it be taken upon any other basis, then she liably and intelligently as a free man, than sinks far below that point. Why, sir, Virhe who labors unwillingly as a slave. I ginia, with eight times the territory of Maswill read one extract only from Sewell's sachusetts, with a soil incomparably superior, "Ordeal of Free Labor in the British West with mines richer than all MassacbusettsIndies," p. 66. After summing up statistics, Virginia has about 200,000 less white inwith which I will not weary the Convention, habitants to-day than MIlasachusetts, and the he says: whole value of her taxable property is some "It cannot be intelligently questioned, that $50,000,000 less than that of Massachusetts. Barbadocs, under the! regime of slavery, never And I will say here, that I wish it underapproached her present prosperous condition; stood, once for all, that in any references I and, in comparing the present with the past, may make to statistics, I refer not to to-day, whetherthat comparison be madein her com- although I say "to-day," but I mean the merclal, mechanical, agricultural or educa- time just before this war had desolated the tioual status, I can come to no other conclu- fields of' Virginia, to the census of 1860. sion than that the island offers a striking ex- And how is it with Kentucky and Ohio? ample of the superior economy of the free Let us take two States, side by side, nearly system." equal in size, Ohio being the twenty-first Thatis but a sample of what follows after State in loint of square miles of territory, almost every summing up of the statistics, and Kentucky the twenty-second-the one and the statistics fully sustain the rernmark. having 39,964 square miles, and the other But I do not choose to base my argument 37,680. Those States started on their career upon what appears there. of progress, Kentucky having the advantage I choose to come home, and when I say by about thirty years. For a long time she "home," I mean to the United States chiefly, led Ohio, but now Ohio stands as the third to our own doors here in Maryland, and I ask in population, while Kentucky has become the any man to take up the successive census re- ninth. Kentucky sends to Congress eight turns of the United States, and examine representatives; Ohio sends eighteen. them impartially and candidly, and then tell: Maryland and Massachusetts are nearly the me what system of labor is found to be best same in size. Massachusetts started as the in the United States. I do not fear the re- fourth State in population; Maryland the suit of such an examination by any one. sixth. Massachusetts, from the growth of Itis now but about eighty years since these other States, has sunk to be the seventh, and States started as one government. At that time Maryland has gone down to the nineteenth. their institutions, though not strictly homo- But population is but one of the indices of geneous, yet assimilated very much through- progress and prosperity. Look at the accuout all the States. Virginia, the Old Do- mulation of wealth; look at the value of minion, was the first State in population, as the land, of the farms, in the several States. she was the first in date of settlement, first in Some gentleman, the other day, gravely cited 45 698 statistics to show that Kentucky, in this re- should have no effect in reclaiming a single spect, was in a better condition than the acre of the waste and' unimproved land in State of Ohio. Sir, start at Cairo on the those counties, but that it should simply adMississippi river, and follow up the Ohio vance the value of the lands to their value in river, and the line that divides the slave frotn the adjoining counties in Pennsylva'nia, what the free States, until you reach the Delaware, would'be the result? The enhanced value and you shall find that in every State where of the land alone would pay for every one of free labor prevails, the value of the farms those slaves the sum of 1,069 49. are greater per acre than in the adjoining Now look at other counties in the State, and. slave States. Thus, in Illinois, the farms itis a singular circumstance that these things, in those counties bordering upon Kentucky, population and wealth, as we go from the have a greater value per acre than those in line that separates freedom from slavery, Kentucky bordering upon Illinois. Between show worse and worse against us. Let us Indiana and Kentucky is the same difference; take the four lower counties upon this shore, so between Ohio and Kentucky, Ohio and Prince George's, St. Mary's, Calvert and Virginia, Pennsylvania and Virginia, and St. Charles. The farms in those counties are Pennsylvania and Maryland. worth $11,854,436; one million dollars only Now, statistics are liable to be abused, I more than the lands of Frederick county know. Not from any one, or two, or even alone. The average value of the improved three instances, would I argue anything, for land there is $24 49 per acre, against $44 17 there is great danger of generalizing too per acre in the upper counties. soon. But when you find, without a solitary Mr. CLARKE. I only desire to state this, exception, all the facts uniform, all testifying in order to carry out the logical effect of the the same way, what is the conclusion to argument. Take Prince George's county, which it must force you? for instance. There is a large section of that Let us come now to our beloved Maryla'nd county which you may say is perfectly barand I say at the outset that I do not know a ren, upon which nothing can be grown, in State that, within the same number of square consequence of its natural character. But: if miles, has so many of the elements of empire you will go into that portion of the county as Maryland. A fertile soil; unrivalled;fa- which is fertile, and where slavery really' excilities of water communication, and commu- ists, the value of the land- will be found to nications of art; mines which might almost range, and has ranged for five or six years enrich the world-yet, as I have said, Mary- past, from $60 up to $80 an acre. All the land has gone down from the sixth to the sales of land made there in the slaveholding nineteenth in population. How stands it in section of the county, from 1856 up to the other respects? Seven counties in our State present time, have averaged something like border upon seven counties in Pennsylvania, $80 an acre. And I will state this fact, that differing not greatly in size, not at all in land in Prince George's county at all cultitheir products, wheat being the leading sta- vatable, ranges now higher than that. And ple in both States, and the mines very similar the quotations of sales show that lands there ihn both. Yet, when we come to compare the sell higher than lands in Frederick county, seven counties in Pennsylvania with the Howard county, or any of those north of seven counties in Maryland, we find that of them. I just put that fact befobre the House the lands in Pennsylvania thirty-two and six- simply to test the question whether the existenths per cent. is waste and uncultivated, tence of slavery there necessarily depreciates while in Maryland it is thirty-seven and six- the value of' the land. Where you find the tenths per cent. The cash value of the lands in most slaves in that county the land is highest, the seven counties in Maryland is $46,526,137; selling from $80 to $100. an acre. in Pennsylvania it is $100,714,032. In these Mr. SCHLEY. I will state tliat many of the counties in Maryland, the land is worth lands in Frt derick county, remote from the $44 17 per acre; in Pennsylvania it is worth town of Frederick, sell for $150 an acre, and $56 31 per acre. I wilt also state that much of the area of our I say again, this would prove nothing if it county is uncultivated and uncultivatable on weze an isolated fact. But the uniformity of account of mountain ranges. the testimony teaches us that we must attribute Mlr. CLARKE. I know there are a few small it to-the same great overriding cause, and I tracts in Frederick county that may sell for have searched, and searched, and searched, to that. But our tracts of land- are from 400 to find some cause other than the one which in 800 acres in a body, at the price of $80 an my own mind I have decided to be the cause; acre. I do not find it. In those seven counties in Mr. SCHLEtY. I know of a fotrm of three Maryland, ot which I have spoken, there hundred and odd acres which was sold the were, by the last census, 11,954 slaves; not other day at $150 an acre. enough to perform the labor of the counties, Mr. STOCKBRIDGE. I am very glad to learn but enough to exclude to some extent, free that since it has become pretty generally labor from those counties. Now, suppose understood that slavery was dead in Marythat the extinction of slavery in Maryland land-to use the expression of gentlemen upon 699 the other sider-" practically dead," "good the Rappahannock, and straight on the road for nothing," land has appreciated all over to Richmond, the capital of Virgnia, whole the State. I hope it will long continue to do, army corps can play at hide and seek for a so, and I shall be as much delighted as the week at a lime in the tangled jungle there, apgentleman from Prince George's (Mr. Clarke). propriately called "the Wilderne.s?' Why to know that there is not an acre of land in is it? Massachusetts, one-eighth the size of this State but what can be profitably farmed the Old Dominion, poor, sterile, rocky,: under a better system of labor than we ha-ve sandy, frozen Massachusetts, that for the life had before, and be worth double for farming of her could not raise enough upon her own purposes on that account. But then the fact soil to maintain the population there, has has been such as I have stated, and I do not more white people living within her borders know that it has ever materially changed than Old Virginia has, though eight times except in the convulsions of time. her size. It is because a system of labor exBut in Charles county-which has a larger ists there such as has not existed in Virginia. percentage of slaves than Prince George's- And I wish to make a slight digression in Charles county, the land, according to here for the purposeof saying one word about the same returns) is found to be worth$19 58 Massachusetts. It is not in this question; an acre. The larger the proportion of slaves she is not on trial here. We are trying to. the smaller the value of the land. But I do arrive at the truth for Maryland. But I not propose to dwell upon these statistics, think it due to those who may casually take for they are tedious at all times. I wish up our debates in future times, that one. merely to add that in those four counties as word should be said in relerence to Massawell as the other great slavehoiding: county, chusetts upon one point. Montgomery, in the full enjoyment of all the The statement has been made, and re-made, blessings of slavery, the progress of white and re-made, after Mr. Ruffin, the famous population during seventy years has been Virginia Ruffin, that when convinced that backward, and the census of 1860 found slavery was too costly in their wintry region, within them -fewer white persons than that of Massachusetts and other Northern States, 1790, as shown by the tables. first sold their negro slaves to the South, WHITE POPULATION.. and then abolished slavery; that while avoiding their costly use, they continued as long Counties. 1790. 1860. as permitted by law, to steal new slaves from Prince George's.......... 10,004 9,650 Africa and sell them to the Southern States,, Calvert..................... 4,211 3,997 &c. That was uttered by Mr. Ruffin. It is St. Mary's............... 8,216 6,798 due to him to say that he did not originate' Charles................... 10,124 5,196 it. And it was caught up and echoed in _Montgomery............... 11,679 11,349 Congress, and by little men all over the land, I have a theory with reference to the bar- as though it was true. It is the most notable' renness which is referred to. I wish to say example I know of the truth of that old that wherever you find the land cultivated by maximn-that a lie well stuck to is as good as slave labor for a considerable lengLh of time, ti e truth. It has been reiterated here by you will tind plenty of the barrenness of gentlemen who believed in it, no doubt, but which the gentleman from Prince George's it is entirely false. I ask any of those gentle(Mr Clarke) spoke. Look over your State. men, if he has examined the statistics by Look, too, at Virginia as she was fobur years which he would prove that assertion? I say ago, not as she is to-daiy, when the beson of' the fact is that slavery never had a legal exisdesolation has swept over her. Think of her tence in Massachusetts. In several of the having started upon the race of empire more other Northern States it did exist in some than two hundred and fifty sears ago, ald slight degree. now see her progress. One solitary ruined Mr. BERRY, of Prince George's. Do I unsteeple marks where Jamestown once stood. derstand the gentleman to say that slavery And if gentleman have visited there, as 1 never had any existence in that State? have done, they will rememnber that all over Mr. STocOBRIDGE. No legal existence. eastern Virgiuia, the most noticable feature Mr. BERY, ot' Prince George's. It existed in the landscape is the old chimney fiom under the common law. which has rotted away the mansion of' some Mr. STOcsBRaIDGE. No, sir; never. The "first family," who once resided there I common law recognizes no such thing as have stood upon a single spot, and counted slavery. And I will refer gentlemen to a case in the broad sweep which my eye could take — in Virginia that decides that expressly. not tn the town, but in the country —more Mr. CLARKE. That question was fully arthan twenty-five chimneys visible, thus stand- gued by Mr. Benjamin, in the Senate of the ing; anti desolation visible everywhere. United States. And I think he completely What is it that has written barrenness over establishes the fact of the recognition of slaveall those fields? Why is it'? Look at recent ry by the common law of England. And I events. Why is it that within the sound of' think it was so acknowledged by Mr. Fessencannon from the old town of-Falmouth, on den. Mr. STOCKBR1DGE. I refer the gentleman questioned, can be demonstrated beyond cato5 Leigh's Reports, 615, in thefamous case of vil; and the contrary can only be urged by Betty, et al., vs. Horton. He will find that such as are unfamiliar with the subject or have there, Judge Tucker, of Virginia, an excellent an object in the misrepresentation. The plan authority, expressly proves and establishes of gradual emancipation probably tended to the contrary. But, whatever it might have this result, as those who were living in bondbeen at common law, the statute overrides age continued to be slaves, while lthir decommon law where it exists. And gentle- scendants were generally to become free at men will find that the earliest statute in Mas- such period as they were cualified to mainsachusetts in 1641, read in these words: tain their own existence by labor. An ex"There shall never be any bond slavery, amination of the relative number at different villenafe or captivity amongst us, unless it successive periods until slavery became exbe lawful captives taken in just wars and tinct, must lead to conclusions that no masuch strangers as willingly sell themselves or terial deportation of slaves occurred shortly are sold to us. And these shall have all the before or after the passage of emancipation liberties and Christian usages which the law acts-a fact which cannot be controverted." of God established in Israel doth morally I have examined these tables and made a require." compilation with no little care, and beg leave There were certain slaves there subsequent- to lay it before the Convention. It shows ly. If gentlemen will examine the old colonial the whole North-the six New England records, they will find thatin those days cer- States, New York, New Jersey and Pennsylt!in crimes were punished by sentencing the vania, during the entire period of transition offenders to serve as slaves; in some cases from slave States to free, and what it prethe time was not mentioned. sents in gross is shown in detail if we take Mr. MILLER. I will ask the gentleman State by State: whether or not the Continental Congress, as it was called, in Massachusetts in 1775, did ma not prohibit the enlistment of slaves into the I X a army of that commonwealth,.because it was k I,. X,O contrary to the principles upon which the dI o a o revolution was commenced? a - C' g Q o M Mr. STOCKBRIDGE. Well, sir, I choose to, 1 9 0-~ answer the gentleman, and I will answer him _ m now. He is very fond of law and I will give 1790 27,109 40,370 67,4791 him the law. In 1780, Massachusetts adopt- 18l0 46,654 3.3,811 82,415 19,545 4.559 14,986 C810 75,156 27,081 10,237 28,502 8,730 19,772 edaConstitution which said that 0 all men 1820 92,697 18,001 110,698 17.541 9,080 8,461 are born free and equal." And when short- 1830 122,434 2,780 125,214 29 737 15,221 14,561 ly afterwards, a case came before the Supreme L840 141,559 765 142,324 19,125 2,015 17,110 S 8501 149.5"6 233 149,762 7,967 529] 7,438 Court of that State, they decided that slave- t860 155 901 67 67,39 ry had ro existence in that State. And the 7 61 unanimous opinion of the court was that a _ ___ -- -- negro born in that State before that Consti- Now, do not these statistics show as clear tution was adopted was born free, although as the sunlight that what few slaves existed born of a slave mother. And Judge Shaw,' inthenorth,(the40,370 all told, fuund there by who is pretty. good authority in these mat- the census of 1790) passed over by the regular ters, after having examined the ease with that course of events into the class of free colored wonderful industry and care for which he persons, and that there is no single instance was noted throughout the Uni'ed States, says where the increase of free colored persons that he could find no authority for believing beyond the natural increase will not be that slavery ever had any legal existence in found sufficient to account for all the dethat State. crease of the class of slaves? But whether it did exist or not, there or Mlr. BRISCOE. It is certainly the fact that anywhere else, there was no such thing ever the act of 1740 odd, did prohibit the institudone as the selling of slaves there and the tion of slavery. ButI think if the gentleman putting the money for them in their pockets, will look into the newspaper published in and then raising the cry for freedom of Boston, which published the Declaration of slaves. Let me read from the United States Independence-and being a native of MIassacensus reports: chusetts, of course he has had access to that " It may not be out of place to state that record-he will find that that very paper adthe American States, which in the past cen- vertised a negro man to be sold. tury abolished slavery, permitted the free Mr. STOCKBRIDGE. I think it very likely. colored population to enjoy every right con- I have not denied that there were slaves in sistent with their condition as a class, and al- Massachusetts as a matter of fact. There may -lowed bond and free to remain during their have been a negro advertised to be sold as a -natural lives in the State or colony where slave. He may have been there wrongfully, they lived. This fact, although sometimes or he may have been sentenced to be a slave 701 for some crime I say that-as a fact of his- A MEMBER. The gentleman has lost some tory, not as a matter of law, there was a time time from interruptions when there were some slaves there. Mr. STOCKBRIDGE. I will avail myself of Mr. CHAMBERS. And advertised for sale, the courtesy extended to me to make one or and sold. two remarks in conclusion. I will not argue Mr. STOCKBRIDGE. I presume so. If a further the question of the material advanperson was sentenced to be a slave for crime, tages of emancipation. I am satisfied that he was a slave and carried all the incidents any one who will examine that question careof slavery with him. fully will come to the same conclusion to But the question to which I was speaking which I have come I have but one purpose was whether the people of Massachusetts sold in discussing this question; that is to find out their slaves to the South, put the money into what is right and just, and what is best for their pockets, and then set up the cry of abo- Maryland; I ask nothing else. lition. I say they did not do it. As I have said, we meet here with a common Now, I am aware that we as Marylanders interest, and for a common purpose. I adought not to discuss this question, for a rea- vocate the extinction of slavery because I beson that I will give presently. I say further, lieve before God that s'avery is wrong. Upon that certain places in the North were too that ground I stand. I believe also that largely engaged in the slave-trade. But Bos- honesty and right are the best policy. I beton and Salem, Massachusetts, almost none lieve that when we look at material wealth, at all; Rhode Island most disgracefully so; at the means of national advancement, we New York somewhat. Almost the only sta- sh-lll come to the same conclusion; that the tistics I have ever been able to find upon the unpaid services of another man are not the subject, relate to the last four years prior to means by which to build up either individual 1808. By those statistics it appears that of or national wealth and greatness. the slaves brought to Charleston, South Caro- But if it were otherwise, if it were a blesslina, something more than 7,000 were brought ing instead of a curse, I have another reason in Charleston owned vessels. Sixty-one ves- why at this time I advocate the extinction of sels entered that port, engaged in that trade. slavery, and that is, that though it were a One Boston owned vessel went there with blessing and a luxury, it is too costly. Look 200 slaves. In that same time, when Boston at the record of the last three years. Slavery sent one vessel to Charleston with 200 slaves, is the cause of this war. I say that; and if Baltimore sent tour ships with 750 slaves time would permit I am ready to prove it. And for every slave that the whole North Look at the facts. What has rebelled? Genever sold to the South, Maryland and Vir- tlemen can remember, if they will look back ginia have sold them by hundreds. Let us to 1860, and it is a great while to go back, not talk about that then; it comes too near through such times as we have been passing home. Who does not know that ever since through, crowded as they have been with we can remember, slavery has been unprofita- tremendous incidents-yet, look bark, and ble in both of those States? and we have been gentlemen will remember that almost before called both at home and abroad, not slave- the ballots had done falling into the ballotholding States, but slave-producing States, box appeals were made to Maryland on a l as distinguished from the States farther South, sides to take her stand with her "sister States which have been styled the slave-consuming of the South," and to raise up a s:andard of States. Slavery has ceased to be profitable in revolt against the decision of the ballot-box. States that have become grain-growing States. And why? Because she hald an institution In other States co'ton, rice and sugar have in common-with them. I think the first memade it profitable; and in some cases tobacco moriil of' which I have any recollection was can be profitably raised by slave labor. But one to Governor Hicks, signed by Thomas G. the most profitable crops of tobacco, by all Pratt, Sprigg Harwood and several others. odds, raised in this country, are raised by That was followed by commissioners from Misfree labor. But this is a digression, and I sissippi and from Alabama. Then there were will return to the subject under consideration. meetings in Baltimore, and in the countiesP The PasrDtENT. The gentleman's time has and every one of them, for they are on record, expired under the rule. appeal to this one ground of action on the Mr. BERRY, of Prince George's. I hope part of Maryland; that she must link' her the gentleman will have ample time to finish fortunes with her "sisters of the South," behis spee:h, for I have listened to it with a cause she had an institution in common with great deal of pleasure. I move that his time them. be extended. Mr. CLARKE. I think I signed one of those The motion was agreed to. memorials, and as well as I can rememberMr. STOcEBRIDGE. I thank the Convention and I am positive of the fact-it did not put very much for this courtesy. I, however, it upon the ground that Maryland should will not trespass uplon their attention much link her fortunes with her sister States of the longer. I had promised myself, and so stated South. But she should move with the view to others, that I would confine my remarks that she might preserve the Union, with all within the hour. 702 the rights of the slave States guaranteed to eight. How many to-day? How many tothem. That was the express ground; the morrow? And this is but one little place. preservation of the Union. Look where in their gory beds sleep the thouMr. STOCKBRIDGE. They hitched off some- sands and tens of thousands. And this is the -what. after a litt!ej into State rights. But it result, says Mr. Spra't, of the effort of slave began with SOUTHERN rights. Now, what society to emancipate itself. did that mean? Not national rights; not From these considerations —not to detain State rights; but Southern rights. Now, the Convention longer-I believe it to be the what are Southern rights as distinguished interest of Maryland to extinguish slavery here from Northern rights, but the right to hold at the earliest practicable day. I shall, thereslaves? Is it anythin g e lse? As late as the fore, vote for this article. I believe it right, 19th of April, 1861, when a certain ticket and therefore f vote for it. And believing it was elected in Baliimore, to send members to right, I w'ill say with Luther of old-" Here the Legislature at Frederick, it was brought I stand, God help me. I can do nothing else." out as a "Southern rights ticket." But let Mr. SANDS. Mr. President, if it is not too us read the authorities. What said Alexan- late, I will go on now. der Hl. Stephens, in his great speech, in Sa- Mr. MILLER. Will the gentleman from vannah, in March, 1861? Howard (Mr. Sands) allow me a few mo"The question of African slavery, as it ex- ments to put myself right in regard to a hisists among us, was the inimediate cause of torical question? the late rupture, and present rebellion. 5' - Mr. SANDS. There will be time enough Our new government is founded, its corner- for the gentleman to-morrow. I have but. stone rests upon the great truth that slavery little time now to say what I have to say. is the negroes' natural and normal condition. Mr. President, I have but little time to This is the chief stone of the corner in our waste in a war of words, else i should pay new edifice."-1 Reb. Rec. Doe. 45, 46. my respects to several members of this ConAnd Mr. Spratt-L. W. Spratt, of South vention. But I must do it in one individual Carolina, who has furnished to this rebellin case. That of my friend from Prince George's more brains than any other two men who (Mr. Clarke,) because the scene of to-night have had anything to do with it —what said reminds me so strongly of that of last night, he in his letter of February 13, 1861? when in the opening part of his speech he I " the contest is not between the North and gave me the treat of transporting me, at least South as geographical sections merely, there in imagination, from this hall and this time, can be no contest; nor between the people back to that splendid epoch in English literaof the North land the people of the South, for ture, which characterized the close of the our relaions have been pleasant, and on neu- last century and the opening of the present. tral grounds there is still nothing to estrange He made me believe for a time that I was abus.'t -; But the real contest is between the solutely transplanted or transported from twoforms of society which have become estab- Annapolis to London, and that I was in one lished, the one at the North and the other at of its halls listening to one of Campbell's the So th. The one embodies in its politi- very eloquent lectures on poetry. Somehow cal structure the principle that equality is the or other-perhaps it was because I was transright of man; the other that it is the right ported in imiagination to London-somehow of equals only. In the one there is hireling or other London bridge, and one of London's labor. in the other slave labor. -5 -' Slavery poets came up in my mind, and I could not was within its grasp, (' the grasp of the gov- help mentally repeating some lines from Tom ernment,') and forced to the oplion ot ex- Hood: tinction in the Union, or of independence out, it dares to strike, and it asserts its claim to " One more unfortunate, nationality, and its right to recognition among Weary of breath; the leading social systems of the world Rashly importunate Such being the nature of the contest, the Gone to his [political] death." [Laughter.] ~ Union has been disrupted in the effort of slave society to emancipate itself. I had proposed treating my friend to a Why is it that they sang pemans to "' Mary- little poetry myself, but as my time is short land, my Maryland," but because wehad one I will content myself with a single line: institution in common with them? I say Drum olle nur, w edel, thu' u Drum wokle nur, was edel, thu' nur was then, as I said before, slavery is too costly a rechte. luxury. I has cost us a debt of $1,700,000,000 within the last three years. It has cost Now that poetry may be amusing, but I us more desolated hearthstones, more pre- tell you it is very appropriate. It is a line cious lives-sir, they cannot be estimated. from a long string of advice, good advice, What passes in your streets every day, as too, which an old Viking gave to his son the slow funeral march moves along to yon- when he was about leaving this world, in reder resting-place? Day before yesterday four gard to the treatment he should give his serwere carried there; yesterday there were vants. Translated it reads thus: 703 "Think only what is noble; do only what is justice, and not call down upon their heads right." the vengeance of God. Now I intend to make that single line of Now, I want to say just here to the friiends good old High Dutch poetry the rule of my of slavery, and to my friends; many of them conduct here to-night; and so on all through I have the pleasure of knowing; my intermy share in this strlggle for emancipation. course with them is of the pleasantest kind. " Think only what is noble; do only what is I beg them to remember that whatever I say tight." Do not tie yourselves down to the is said of slavery, and not of them, and not mere dollar and cent consideration. Do not because I love them less, but because I love stand bere,'as was said last night, to " make my country more. a bargain," while our good old ship of State I now propose to consider as briefly as posis rolling amid the terrible breakers of civil sible the arguments adduced here in favor of war. slavery. The first as urged is the argument In discussing this subject, in order that we of antiquity; it is so old I Why, sir, every may determine the very right or wrong of crime in the criminal calendar, every offence the matter, I intend to ask this question forbidden by the decalogne, is it not hoary first-what is slavery?'Now, in order that I with age? Is not rebellion older than the might rot be discursive, I lhave written down earth? Was it not born in heaven? And,in two or three li-nes, what I consider it to every other species of crime, envy, hatred, be. It is a holding -in bondage of a fellow malice, uncharitableness, lust, murder, fracreature, without his consent and against his tricide, are they not all older than slavery? will, and the appropriation of the products Then I say this argument of its antiquity is of his labor'to our own -exclusive benefit. worthless, because there is no other crime That is slavery. that is not older. Then, having defined what it is, comes up Another argument urged is, that slavery is the question-is slavery as a system right? recognized in the Bible. Now, I put it to my For on the answer to this one single query friends, who know so much about the Bible, ought to depend our action here. Is slavery and who quote it so freely, I put it to them, right? If it is wrong, we cannot, we must if they are willing to accept other things tot, We dare not, datly;with it. I listened to recognized in the Bible, and to incorporate a sentimnent fromn the lips of my friend from them into the organic law of this State, simSomerset (Mr. Jones) the other day, which ply because they are set down in the Bible as has the strongest echo: in my heart and in my a part of the Jewish theology? Let them judgment. That sentiment was this: " No come right fair and square up to the scratch, people can violate the eternal principles of or give up the arfument. My friend from justice withoutcalling down upon their heads Prince George's (Mr. Berry) in reading from the J ust con'demnation land judgment of the Bible this morning passages in support of heave:n." That'is true. It is exactly the slavery, necessarily had to read passages that sentimnent of good old George Mason, the seemed to indorse the most immoral of crimes true and illustrious pred cessor of the false of which humanity knows, that of polygamy; and traitorous Mason of to-dav — when in and worse than polygamy, the crime itself Independence Hall, in 1787, he warned his without even the seeming sanction of marcountrymen against this very evil. Let me riage. Then what becomes of the Bible ardetain you for a moment, while I read his gument? exact language. When in the Convention Ad another thing. That very part of which framted the Constitution of the United this very same Bible indorses the doctrine of States, this question of slavery was under imprisonment for debt. Sir, ten or twelve debate, George Mason said: years ago, this Hall was eloquent with de"Slavery discourages arts and manufac- nunciations of that relic of barbarity, imtures.' The poor despise labor when per- Ivrisonment for debt. And gentlemen have formed by slaves. They prevent the immi- their names here upon the record who, upon gration of whites, who really enrich and their own showing, voted for what was right strengthen a country. They produce a per- and just and proper, against biblical authorniCioUS effect on manners. Every master of ity. And lore: Does not this very theoa slave is born a petty. ty'rant. They -bCing cratic systemn taught in that part of the Bible thejudgment of heaven on a country., gsanction and set up the doctrine that you'Sir, if that good old man had been puos- fave not only the right to imprison a man sessed of the spirit of inspiration, What more for debt, but you have the right to seize him absolute truth could he have uttered? "They and sell him into slavery; and not him alone,. make labor despicable," says he. Look but his wife and his little ones. Now, if around you. " Thlrey preveint immifgration." gentlemen love slavery because it is in the Look at the statistics. "They bring the Bible, I want them to be consistent in their curse of heaven upon a nation." God in biblical profession. Let them come up here heaven What evidence of this fact we have and propose to introduce a provision into the just at this hour. It is then true that no Constitutionrestoring imprisonmentfo debt; people can violate:the eternal principles of and set up for the first time in modern times 704 the doctrine that white men-for they were and as long as the decree is upon record, white men to whom that old Jewish law ap- I will obey it; still I say I have my ri ht as plied-that a white man may be sold for debt a tree, thinking man to express my opinion by his creditor; that the creditor may seize not of thee doctrines they teach, and I say here, only his debtor, but his wife and his children in my place to-night, that when the Supreme and expose them in mart overt to be sold to Court of the United States, through the lips the highest bidder to answer his claim. Let of that aged man, Chief Julstice Taney, dethem do that, and then go out to the people dlared that this Government was founded and tell them that thev did it on Bible sanc- upon the doctrine that the black man had no tion; or else let them abandon this Bible rights which the white man was bound to redefence of slavery. Let them do the one or spect, he put upon the record, to his own unthe other. denying shame, an historical and legal falseMr. BERRY, of Prince George's. The ref- hood. erence to the Bible, made by me this morning, Mr. BIscooE. Did Judge Taney ever lay was in answer to the charge that slavery was down any proposition to that effect in that a sin; that it was sinful to hold slaves. I decision, or in any other dictum? wanted to show that it was justified by the Mr. SANDS. Yes, -sir; I have the book at Bible, both in the Old and New Testaments. hand. Mr. SANDS. Do you not believe it would Mr. BRIscos. Did he say that the white be a sin, at this day, to incorporate into our man had control of the life of his black serorganic law a provision which would au- vant? thorize your creditor to sell you, and your Mr. SANDs. lie said that "': the black man wife and your children into slavery to satisfy had no rights which the white man was bound his claim? Would not that be a sin? to respect." That is his language. Mr. BERRY, of Prince George's. That is Mr. BRISCOE. That means that he could not the question under consideration. put him to death? Mr. SANDS. Humph! [Laughter ] Well, Mr. SANDS. I give you his language; he if it would not be a sin, because it is in the can give you its meaning; you must go to Bible, then do it. But if it is a sin, then do him for that. But I say it is a legal and hisnot say it is not a sin because it is in the torical falsehood, that this Government was Bible. Sir, this Bible defence of slavery de- founded upon any such principle. It was serves scarcely even a word of serious an- lounded upon no such principle, upon no swer. When the peculiar friend of the South, such doctrine, under no such condition of from across the water, Mr. William Howard fact, and Chief Justice Taney knows it-or Russell, who was so kind to Southern gen- the more shame for him if he does not. tlemen, so tolerant to all their faults and Now, what are the facts in this respect, the foibles, and so much in love with their fricts of history, as well as of law? Who "' chivalry" —when he listened to those things, were many of' these negroes in regard to he said he had but one answer to make to whom Chief Justice Taney was speaking in them; and that was, that they had never this decision? They were the descendants of been heard outside of America. That the those who had helped to fight the battles of rest of the Christian world did not know independence. They were those nmen about anything of them; and all he had to say whom Southern States' courts bad held about such arguments, and such books as a far different doctrine. I have a case in were written by Bishop Hopkins, was that a point, the case of the State of North Carolina people who could read Bishop Hopkins's Bible vs. Manuel-2 Dev. and Bat. 20. And I will View of Slaiery, and the New York Herald, read what Judge Gaston said on this point, a and believe either the one or the other, were great many years before Chief Justice Taney — ripe for political destruction. I agree with God forgive him for the evil he has done his him about Bishop Hopkins's book; I do not country. These words were spoken by Chief know so much about the Herald. Justice Gaston, of North Carolilln, long beMr. CHAmBraRs. You accept him as au- fore the Supreme Court of the United States thoritv? fulminated its brutal dictum upon the matter. Mr. SANDS. In that case I do. That eminent justice held this language: Mr. CHAMBERS. But in none other? According to the laws of this State, Mr. SANDS. Well, I do not think he is in- (North Carolina,) all human beings within fallible. He has said a great many foolish it, who are not slaves, fall within one of two things, especially about " the chivalry." classes. Whatever distinctions may have ex[Laughter.] isted in the Roman laws between citizens and Having got thus far, I propose to pay my free inhabitants, they are unknown to our inrespects to the argument based upon the Con- stitutions." stitution of the United States. And inci- And I beg the Convention to follow the dentally I shall touch upon some expressions reasonings of Chief Justice Gaston on this I have listened to upon this floor. Now, point. while I declare myself a law-abiding citizen "Before our revolution, all free persons while, as long as the statute is upon the book, born within the dominions of the King of Grea 705 Britain, whatever their color or complexion, gate from that peculiar home of chivalry, were native-born British subjects-those born South Carolina, submitted an amendment to out of his allegiance were aliens. Slavery it, which has be.n made on this floor almost did not exist in England, but it did in the in the very terms. On the 26th of June, British colonies. Slaves were not in legal 1778, the articles of confederation being unparlance persons. but property. The moment der consideration in Congress, the delegates the incapacity, the disqualification of slavery from South:Carolina moved to amend this was removed, they became persons, and were fourth article by inserting after the word then either Brilish subjects, or not British "'free" and before the word "inhabitants" subjects, according as they were or were not the word " white," so that the privileges and born within the allegiance of the British immunities of Confederate States citizenship King. Upon the revolution, no other change -historians, lawyers, and grave judges, mark took place in the laws of North Carolina than the words-Confederate States citizenship, was consequent on the transition from a would be secured only to white persons. Two colony dependent on a European King, to a States voted for that amendment; eight States free and sovereign State. Slaves remained voted against it, and one State was divided. slaves, British subjects in North Carolina be- So the free man of color was pronounced a came NORTH CAROLINA FREEMEN. Foreigners, citizen of the Confederate States. Such is the until made members of the State, remained law and the history upon this point. That aliens. Slaves, manumitted here, became free- this Government was made wholly and solely men, and therefore, if born within North for white men, I reassert it, is entirely withCarolina, are"- out foundation, both legally and historically. What?' Denizens, residents, inhabitants? There have been some remarks made here No, sir; but.- upon that part of the Declaration of Inde"-are CITIZENS of North Carolina, and all pendence which says that all men are born free persons born within the State are born free and equal. And gentlemen have gravely CITIZENS of the State. The Constitution ex- asked, "why, are all men of one size?" My tended the elective franchise to every freeman friend from Prince George's needed but to who had arrived at the age of twenty-one, stand up side by side with me, to answer that and paid a public tax; and it is a matter of question. universal notoriety, that, under it, free per- Mr. BERRY, of Prince George's. Does the sons, without regard to color, claimed and exer- Declaration of Independence contain any cised the franchise,:until it was taken firom such words as-" all men are born free and free men of color a few years since by our equal?" amended Constitution." Mr. SANDS. That is about the sum and Now, there is a decision of a Southern substance of it. And it was gravely asked: court upon this point, that the assertion that " Did you ever know of any two men of the has been made here so often, that this Gov- same mental altitude?" "Did you ever ernment was made for a white man's Govern- know of any two leaves alike, or of any two ment alone —hat assertion is legally and his- stars alike?" And: St. Paul was brought in torically untrue and unfounded. Well, sir, bythese biblical gentlemen as declaring that we find that on the adoption of the articles the stars differ one from another in glory. of confederation, the citizenship, the confed- "0!it is awful!" they say. Now, I will erate citizenship of this class of people was tell these gentlemen that in one thing every fully acknowledged by the Congress which sun that holds together a system; every star formed the articles of confederation. By re- that revolves, of all those which shouted for ference to those articles, you will observe that joy at the creative act; every bird in the air; the fourth article is in these words: every fish in the sea; every beast in the field; "The better to secure and perpetuate mu- every human being-in one thing they are tual friendship and intercourse among the all equal; that is, in the protecting Provipeople of the different States in this Union, deuce and care of Almighty God. And you the free inhabitants of each of these S.ates, better have a care how you lay your hand paupers, vagabonds, and fugitives fiom jus- wrongfully upon one, even the least of them; tice excepted, shall be entitled to all privi- for if you do, that eye which notes the fall leges and immnnities of fiee citizens in the of a sparrow, will witness your deed, and the several States." reckoning is sure. In God's all-embracing Did that include these colored men, these love and care, every one of us are equal, for free men of color, or not? I ask gentlemen -I quote the Bible once more-" He is no rewho are legal men, who have both legal and specter of persons." Slaveholding aristohistorical lore, stores of it-I ask them crat, white mudsill, negro slave, they are all whether tree colored people were included in his children. those terms or not? They dare not give me Why, sir, these gentlemen seem to me to a negative answer, because fortunately I have have studied the course of human history, its the means at hand to show the facts:of the great leading events, with very little care. I case. When this article was under consid- tell you, you can do as i have done; you can eration injthe Confederate Congress, a dele- make it a study for months and years; you 706 can trace the stream of human history from delicate expressions, " like grim death on to its upper fountains down to this day, and a dead nigger." They hold on, and hold you may follow it until it empties into the on, and-over they go into the maelstrom of vast ocean of eternity; but never will you ruin. find this principle varied, that wherever Now, if these very scriptural gentlemen wrong is perpetrated there retribution is sure want an instance in point, I will give them to follow. Look at the history of slavery in one from the Bible, because that is good auall times. Take it among the Oriental.na- thority on -this subhject with them. In the tions, among the Hebrews, the Greeks, the inscru:table providence of God, the Hebrews Romans, wherever it has been. I tell gen- had been reduced to slavery in Egypt, and tlemen, if they choose to turn historical stu- there are some statistical facts connected with dents, they will find that never a nation that matter, which gentlemen might takeinto cherished the institution of slavery that did consideration, in regard to the increase of not have to give it up, or come to ruin. slaves. They have always increased. Why Some gentlemen have read quotations here that old heath-en, Pharoah, found that these goina to show how horribly slaves were Hebrew slaves, even though "he treated them treated in the Roman empire; they were put so tyrannically, increased so rapidly that he in caves, made to work in chain gangs, and published an edict commanding the destructhis, and that, and the other. They can find tion of all the male babes of the race. He had other instances of worse treatment. Slavery not studied Malthus, had he? Still they among the Chians was worse; that among went on increasing and increasing. the Spartans was' worse. But wherever it Now, look at Pharoah's case. I will tell ever existed, it went out in national calamity you-: howv Egypt -was emancipated. Study and blood. Everyw'here, where humanity the parallel. There arose a great abolitionist was crushed into the dust, in time came up of the name of Moses. You have all heard some Drimaeos, some Eunus, some Spartacus, of him. He was one of those whom who demanded and had in blood the price of Pharoah doomed to destruction. Now, Mohis fellows' bondage and degradation. That ses escaped, and was more favored than is history, slaves under your system are. Why., sir, Mr. BILLINGSLEY. May I ask the gentleman history blushes at this tact) that slavery in what was the cause of the downfall of the America is what slavery never was before in Roman empire? any part of the earth;, What it never was Mr. SANDS. Upon this very question of even in Algiers, never anywhere else. You slavery. have the testimony of John Wesley to this Mr. BILLINGSLEY. Ibegyour.pardon; that fact; of General Eaton, who, during the is a mistake. presidency of General Jackson, was United Mr. SANDS. I beg your pardon. Slavery States consul at Algiers. The books are full was the beginning of the civil wars. -Slavery of these ftacts, had so increased in the Roman empire, that Now, think of the temptations that Moses the slaveholders had absorbed all the land. had not to be an abolitionist. He could have Mr. BILLINGSLEY. I do not so read it. been the son of Pharoabh's daughter, for in Mr. SANDS. These are the facts of history, many of those eastern countries it was the which gentlemen can go to the books and practice of slaveowners, especially if they learn. I am glad the gentleman has asked had no children of their own, to adopt their the question. Slavery had increased in the slaves as their heirs. Moses could have been Roman empire until there were, as some gen- the son.of Pharoah;s daughter, but he pretlemen have said here, 80,000,000 of slaves. ferred to be an humble abolitionist. He went The result was that the land had all been ab- to Pharoah and said: " Thus saith the Lord sorbed by a'few slaveholders. The mudsills God, let my p-ople go." But Pharoah did of Rome were reducei to a degree of degra- not see it in that light, and said no. Then dation, only paralleled perhaps by the mud. Moses told him what was coining, and there sill of South Carolina to-day. Then, and on was one plague after another, of frogs, and the question of dividing up the lands of the locusts, and lice, and thick darkness that Empire, so as to destroy slavery, arose the could be cut with a knife. Well, when Phacivil wars which lasted so long, and in the roah felt the plague a little heavily, he would end left the Romans a prey to the barbarians say to the Hebrews, " go." But as soon as that overran them. they started, he would change his mind and I wish I had time:to treat this subject as it bring them back again. deserves. I say that history teaches this one Last of all came that terrible night when lesson, that wherever the institution of in every house in the land, there was the slavery fastened upon a nation it never let cry of lamenta ion and weeping, because in go its hold until the nation was tottering, in- each house there lay the first-born, acold, stark to ruin from it. I mean nothing offensive, corpse. And then Pharoah said to the Hebut I tell you that the class of slaveholders, brews.: " Get you up out of the land, you as history proves, hold on to their peculiar and your wives and your little ones; take nstitution, to use one of their refined and your cattle and everything else, and go." 707 And they went, under the strong hand of fused to acknowledge or sanction the docthe Lord, who is the God of the slave as trine of property in human beings; and well as the master. Now, you would have MI. Madison is good authority for gentlemen thought that theseslaveowners, these Egyptian of the South-side view of this question. He masters, had had enough of slavery. But says that nowhere in the Constitution does no; the caravans of the Hebrews had hardly the word " slave" or " slavery " occur, and started on their way to liberty before Pha- it.was expressly excluded, in secret session of roah ordered out his hosts and followed the secret debate, because the Convention rethem. I do not know whethetr they had a fused to acknowledge the right of pr. perty fugitive slave law there or not, but they started in man. Mark the words of the Constitution. out on the hunt, and just there at the Red "Persons held to service' or labor'in'any Sea they overtook the fugitives. There were State." How? This is the expresslanguage: the mountains on either hand,. the slave " Urnder the laws thereof." Not' under this hunters behind them, and the Red Sea before Constitution,'" not " under this provision," them, and the people became disheartened. not " by virtue of this Constituti-on," beWhat said the great abolitionist, Moses? cause, Mr. President, once admit the doctrine "Stand still and see the glorjy of God." that slavery exists by virtue of the ConstitnAnd he smote the waters, and they parted tion of the U'nited States, and then you must and rolled up into a wall on either side, and go further, and ad!nit that wherever the Unithe fugitive slaves passed over on dry land, ted States Government acquires one foot of but Pharoah's host following hard after, territory there slavery is at once and forever were buried in the refluent waves, never more planted, because slavery is: the creature of to rice. And but a little while afterwards the Constitution, and, of course, it must live you heard Miriam, the sister of Moses, lead- wherever that Constitution is. Now that is ing her sisters in the grand chorus- not true. Slavery does not exist by virtue'of Sing for the pride of the tyrant is broken; the Constitution of the United States. It ex, 9 Sing I ~'rihe pride of the tyrant ists' -under the laws of the State, and is His horsemen, his chariots, all splendid and acknowledged in the Constitution aving How vain-'acknowledged in the Constitution as having'its: existence under those laws. How vain was their boasting, the Lord hath existence under those laws. huel~t sJp~~okeoNow, what is the law of this State on'that but spoken, subject? I am going -to give it a little conAnd chariots and horsemen are sunk in the subject? I am going to give it a little co~~~wave ~!'~ ~sideration. I do assert, in my place here, as ShouIt the glad tidings o'er Egypt's dark my candid conviction, that there is not a shoat tegdtdg eEgpsarvalid title-now, mind you, I mean a legal J sea, hovahhas triumphed! Hispecplearefr title under the law, as construed by southern Jehovahhtriumhed His peclereee' courts —there is not a valid legal title to a I wonder whether Pharoah, when a pprised single slave in Maryland this day. That is of his losses, did not start the inquiry novel doctrine, is it not? Now, if you were whether he was not going to be "' compen- to get up here and gnash your teeth on me, sated" for his lost slaves, and his chariots and or hang me for sedition, I would not be the horses. I do not know whether he ever set first man served that way for teaching novel up such a claim, but if he did, I do not be- doctrines, though they were ever so true, lieve he ever got it. Then what is the foundation for slavery in And now I come. to the legal aspect of Maryland, So far as the law is concerned? the question, the Constitution and the laws What is this relationship of master and slave? of the State. And now I am going to sur- Does it rest upon any sound principle? Is prise some of my friends and get up what there any element of contract in it? I chalthe gentleman from Kent sometimes calls " a lengfe you to show it to me. very disagreeable atmosphere" here, as I have Mr'. BERRY, of Prince George's. I would done on one or two occasions before. ask the gentleman whether the court of PennThe PREsIDENT. The gentleman's time has sylvania did not determine, a year or two expired.. ago, that all negroes are presumed to be On motion of Mr. PURNELL, the time was slaves, and the onus of proof is on those who extended. - maintain his freedom? Mr. SANDS. Now for the constitutional Mr. SANDS. I will satisfy the gentleman and legal aspect of the question. All I have on that point. I want to know now (f any to-say about that is:this: that the Constitu-'man here, whether in this relation of master tion nowhere contains the word " slave," and slave, there subsists a single element of or " slavery," or admits that slavery exists contract? What is necessary to'every legal by virtue of its provisions.' Bult it in ex- contract? First and foremost, the plain, press terms declares that it does not exist by common text books tell you that there must it, but by the laws of the State. Mr. Madison be two or more parties to a contract. Now said that the words "sla ve" and "slavery " you may have that as between master and were expressly excluded.from the. Constitu- slave; there are two parties. But the law tion of the United Statel, because the con- goes on to say —-hey must befree to contract, vention that framed that:Constitution, re- i iiliiig to contract; and that if they do thus 708 contract, there must be a cosideration upon inability to contract. There are statutes which which that contract is based. Two parties, speak of their marriage, but not in such a free to contract, willing to contract, and a way as to declare such marriage a legal one, consideration proven from the complainant carrying all the incidents of marria:ge. These who sues for the benefit of the contract. incidents seem to us so inconsistent with the Who denies that? Let some gentleman get condition of slavery, that we do not see how up here and say that is not law, and let his any ceremonies, civil or religious, could make name go upon the record as denying it. such marriage legal." Now, as between the master and slave, Now that is plain language. where is the freedom of the slave to contract? "There may be usages or statutory proWhere is his willingness to contract? And visions regulating this matter, which we have answer me, even if he was free to contract not found." and willing to contract, if you have not by And you may look for them, but you will your law stripped him of all ability and power not find them. to contract by denying him altogether any "' But so far as we can learn the law on this legal status whatsoever? subject, we think that a slave cannot be You talk about slavery being a moral guilty of adultery, when this crime can only thing! I hold up this code, and I say that be committed by a married person; nor of this night, under the stars of heaven, it is of polygamy; nor be held liable on a wife's all things the most fearful enormity. You contracts, or for necessaries supplied to her; have legislated year in and year out, for nor made incompetent as a witness on the hundreds of years, about this class of people, ground of the relation of marriage. How far and you have not put into this code one all this ma-: be modified by the consent of word that acknowledges the mere humanity the owner, may be doubtful; but we do not of the negro: not one word. Under your see that even such consent could make the law as it stands there, he is incapable even marriage altogether a legal marriage, and inof making a marriage contract, as slavery ex- vest it with all the ri hts duties and relations ists in Maryland to-day. of marriage, unless it was such consent and Mr. BERRY, of Prince George's. Do I un- under such circumstances as made it operate derstand my friend to say, that under the as a manumission, as in the case of a devise to laws of Maryland, it is not the privilege of a a slave." master to have his negroes married? Now I hold up your code that professes to Mr. SANDS. I say no such marriage is a be the pink of morality and religion, and I legal one. tell you, sirs, that that thing which has Mr. CLAaRKE. Does it require statute law grown for hundreds of years, has not one to legalize marriage? or do not the rights word in it that acknowledges the mere huand validity of marriage exist by natural mnanity of the negro. And I will bring it law independent of statute law? home to you. Going alone the street is your Mr. SANDS. I will read to you legal gen- mule team and your neeLro driver with it. tlemen, who know its weight and authority, Will you tell me the difference between the from so well known a book as Parsons on legal status of the negro, and that of the Contracts, page 340: mule? If you can, pray do. Can the npgro " The disability of the slave to contract own the hat on his head, any more than the seems to extend even to the contract of mar- mule owns the halter ott his? Can the negro riage. It has been distinctly held that the own the leathern shoes on his feet, any more marriage usual in slave States, which is only than the mule the iron shoes on his? Nay, cohabitation uith consent of the master, is not a more and more horrible. Can the negro legal marriage.'' own his wife that sleeps in his bosom, any Mr. BERRY, of Prince George's. He is more than the mule can own his mate in the speaking of the civil contract, is he not? stall? Can the negro own his children, born Mr. SANDS. No, sir; he gives his reasons, of this so-called marriage, any more than the and I will give them to you in his language: swine owns her farrow? And that is the " Chancellor Kent quotes from a case in moral and Christian institution of slavery I which this is decided, words which state These are the concomitants that aidin making this, and so refer it to the want of legal for- up-and I speak it in no offensive sense-the malities, as to sng test the inference that it is slave aristocracy so-called. By taking one this want which makes the marriage void." slave for a; bad debt, 1 once got into that li It is the case of State vs. Samuel, 2 Dev. class; but I got out of it just as quick as I and Batt. 177, 181. I went up to the library could. to get the report this morning, but some Mr. BERRY, of Prince George's Will the gentleman was ahead of me. gentleman inform us how he disposed of him? Mr. BERRY, of Prince George's. Not on Mr. SANDS. I told him to go, and not our side of the subject. bother me any more; [laughter] and he Mr. SANDS. Parsons goes on to say: went; [continued laughter] and I never got " But, in another part of this case, it is any compensation for him. [Loud laughter.] put quite as much on the ground of their Now, gentlemen, I do not want you think I am talking any new doctrine; because Now, if you will follow that doctrine out, you may say it is as novel as you please. I and follow out the rules and practices of your say it is not novel. I say it has been talked southern courts, you will find that I was not here before, long ago; and by a man-I say so far from the truth, when I said there is not it with all due deference for this Convention, a legal title to a single slave in Maryland. from its President down-if we were all cut Grant that gentlemen here got their slaves up and rnoulded into one man, we would not from their fathers; grant that their fathers make his intellectual peer. He was a Mary- got them from their grandfathers. Follow lander, who in this very Hall said things them back, and you will find that the man about this institution that I am not capable who bought them on board the slave-ship of saying; I have not the talent to say them. BOUGHT BUT A THIEF'S TITLE after all. And above all, I have not the withering sar- Mr. BERRY, of Prince George's. Is not casm with which he scorched the institution possession prinafacie evidence of title? Can of slavery upon this floor, as long ago as any other person set up a higher title, and 1789. And I will tell you who he was, gen- gain it in a court of law? tlemen; you are fond of quoting hirn. His Mr. SANDS. If the gentleman is satisfied name was William Pinckney; perhaps you with the prima facie evidence of his title, I know him by reputation. What said he of am, so far as he is concerned. 1 am now this institution, on this floor, at the first ses- enunciating a principle, and I am following sion of -the Legis!ature of Maryland, ~ after it to its inevitable conclusion. the formation of the Constitution of the Uni- And I will tell you another principle upon ted Slates? which your courts have acted, and another " Sir, iniquitous and most dishonorable rule which they have laid down. It is, that to Maryland, is that dreary system of partial no statute of limitation runs against the bondage, which her laws have hitherto sup- claim of a party to freedom; for ireedom is ported with a solicitude worthy of a better a dearer right than any right of property. object, and her citizens by their practice Your Maryland courts have decided that no countenanced." statute can run against a claim to freedom. Well, this is a very good speech, and I ad- In the matter of your farm, a party holding vise gentlemen to read it in extcnso. Mind it for twenty years in peaceable possession, y:ou, now, it is fifty, yes, seventy-five years, holds it against you; there the statute of since in this Hall this noble, generous, glow- limitation operates. In a claim not sooner ing, eloquent language fell from the lips of presented to the debtor, the statute bars the that man you all profess so much to honor. recovery of the claim after three years. But " Founded in a disgraceful traffic, to which a negro's right to fireedom-so your courts the parent country lent I er fostering aid, from have said, and you can find your books motives of interest, but which even she would full of it-is above all statutes of limitahave disdained to encourage, had England tions, and none can run against it. If he been the destined mart of such inhuman can show that his mother, or grandmother, merchandise, its continuance is as shameful or great-grandmother, or any maternal anas its origin." cestor, even twenty, or fifty, or a hundred "Eternal infamy await the abandoned generations back, was a free woman, he is miscreants, whose selfish souls could ever entitled to his freedom. Now, what hinders prompt them to rob unhappy Africa of her every negro, held as a slave in Maryland, sons, and fieight them hither by thousands, from going into your courts. and claiming to poison the fair eden of liberty with the and demanding his freedom, except that rank weed of individual bondagel Nor is it your possession is prima facie evidence of more to the credit of our ancestors, that they your title, and he is required to furnish proof did not command those savage spoilers to to overcome it? But you all know the fact bear their hateful cargo to another shore, that he is the descendant of a woman, once where the shrine of -feedom knew no vota- f/ee! ries and every purchaser would at once be Mr. BRIScoE. Will the gentleman permit both a master and a slave." me to ask him one question? Now, mark you, gentlemen, there, accord- Mr. SANDS. I would sooner finish without ing to William Pinckney, is where your interruption, as it is now late. right to hold your slaves begins, in that dis- Mr. Biascor. Just one question. Mr. graceful traffic. Pinckney said that by the eternal principles And I' will pause here to make one further of justice, the aboriginal inhabitants of this legal suggestion. Did you ever hear this country were entitled to the soil. Now, I principle contradicted in a court of law want the gentleman to tell me what title the -that no property, general or special, could State of Maryland has to the very land upon ever be created in a stolen thing? Did you which this capitol now stands? ever read such a principle as that in your Mr. SANDS. Well, upon that point I am text-books? Did you ever hear it in your not going to disagree with Mr. Pinckney. I courts? That no property, general or spe- think the Indian has a natural right to this cial, could ever be acquired in a stolen thi'ng? soil. And if the party entitled to it ever comes and claims of me the little I have got, I. here. [Cries of "' Go on," "go on."] I will give it up to hlim. [Lauglhter.J must longl ago have ceased to interest you. Now, I say, tarke your general princi:ple, But I want to say just a:few words by way that no property, general or special, can ever of general reply. What is slavery? I have be acquired in a stolen thing. -Take the his- already given its definition as precisely as I tory of your slave trade. Mr. Pinckney, a could. Is slavery, as a system, right? I few sentences later, says that the negro comes deny that it has any foundaion in religion, in here as free as the air you breathe, and you morals, or in law. And I tell you plainly, have no riyht to rob him of his freedom nor that if those gentlemen who are such deeplyhav.e you. any right toppurchase his freedom of read biblical sc(holars, force me to choose beany party who has robbed him of it. Of tween a Bible that has planted by its authorcourse my friend will say: Why, there is the ity anything that has so little of justice, of act of 1715, and some later acts, even worse right, of religion, of law, in or about it, as than that. human bondage and slavery, and some. other Now, I ask, what really constitutes law? book, so help me God I will turn from it to W:hat is law? Is it a simple edict? Is it a that Koran which makes perpetual bondage mere statute? Does that constitute law? Is under it impossible. I hold the two books that the definition of law which your text up; one the Bible with the interpretation books and commentators taught you? No, these gentlemen give it; the other the Koran. sir. Law is a rule founded in reason, justice I would not advise my young friends, espeand right. And any statute, any edict, that cially the bachelors, to read the Koran. As professes to be, law, and is not founded in I have somie gray hairs in my beard, perhaps reason, and justice, and right, is not law. I may read it with safety. In some places Gentlemen may say that their title to this the Koran tells about the beautiful. blackproperty was secured by the act of 1715. eyed girls in green, who welcome thefaithful Who passed that act? The very parties who to Paradise. Perhaps young bachelors had had bought the title, of the slave-trader. The better not read that portion.' But the part slave-stealer came into this hall, and tried to that relates to the question under consideraheal his title by the act of 1715. Did. it heal tion here, I advise there not only to read, but it? Because, mark you, the answer to that carefully to study. They will get some lesquestion depends upon the fact whether that sons of humanity from it in this respect, that statute is law, in the true sense of the word. I they will not get from the Bible as these gen — When that brutal monarch, of whom I tlemen interpret it. have spoken-the great prototype of your Now, let me state what it seems to me the heads.of governments that have slavery for whole turn of this discussion here has been their corner-stone-when he issued his brutal meant to effectuate; and that is, just simply edict, consigning the male babe of the Hebrew to resuscitate the old, ruined, rotten, brokenslave to death, was that law? It was the down, disrupted loro-foco party [laughter] order of an absolute sovereign, and was ex- under a new name, but still it is the same old ecuted by his ministers and minions. But thing. Well, my friends, my democratic was it law? When H.erod the Tetrarch-I friends, are really in a strait-I was about lo:ve to quote these biblical instances to these to say betwixt two. [Laughter.] But I do scriptural gentlemen; it does, me so much not know how many they are in a strait begood-when Herod the Tetrarch, hearing twixt; half a dozen, I should think. Here that a king of the Jews-wasabout to be born,, is th.e radical democracy, headed by Mr. Frepublished his brutal edict, commanding the mont. [Great laughter.] And here is the slaughter of the. male children of that time; war democracy, headed by the gentleman and when the voice of lamentation and weep- whom the people of' New Orleans so euphoing was heard, Rachel mourning for her chil- niously designated'' the Beast;" and here is dren, and refusing to be comforted, because the peace democracy, headed by -, well, they were not —-was that law? It was- an the Lord knows who. [Laughter, and cries edict, a statute, promulgated by one who had of" Vallandigharml " Seymour,'" Fernando the power to promulgate it. But it had none. Wood."] I have been a great deal puzzled of the. elements of law. about the definition of the'term " peace deAnd when in later days, by orders of coun- mocracy." I sometimes think it means a cil, and bulls, and edicts, men were sent to piece of democracy [Renewedlaughter.] I the stake. because of their religious faith — rather guess that is auout the true meaning was that law? And when that weak and of it. wicked man, Louis IX. of France,- issued his Now, I want to say to these gentlemen one orders which resulted in the bloody scenes o thing in this respect. They may as well'St. Bartholomew-was that law? And no quit it and go home, because the thing is dead. more was the act of 1715 founded in truth, They may galvanize the corpse, and make it and justice, and right, than were these, its grin hideously; but to bring it to life is an predecessors, which I have quoted; not a utter impossibility. They remind me of an whit. anecdote I once heard, connected with a poor It is getting late, and I am keeping you old -gentleman who was my neighbor;.a.very excellent man he was:, but unfortunately he what you call.fanaticism. No, sir; no mohad an attack of paralysis, that drew one dern pl-ilanthropy upon the subject with me. corner of his mouth almost around to his ear. " All that our State now wants to make it One day he was coming down on the cars to almost an empire, is capital, enterprise, the city of Annapolis. A stranger came into labor." the car where he was; my friend here (Mr. Now, who doubts that proposition? We Hopkins) knows very well who he was. A have the material for a splendid little empire stranoer got in, took a good look at him, and within our litnits. And all we want to desaid-" You can't do it." He then turned velop them are capital, enterprise and labor. away and walked off. A little while after "To burden the State with a new debt of he caine back again, took another look, and ten or twenty millions of dollars-the prinsaid-" I tell you, you can't do it." He cipal and interest of which would have to be then went away, and atgain returned, and provided for by a fearful augmentation of our said the third time-"I tell you, you can't taxes; would deter capital' from coming to do it." [Laughter.] "'Why," said the old the State; would cripple enterprise in the gentleman, who began to be a little vexed, State; would drive labor from the State. It "why, sir, what do you mean? " Said the would keep Maryland half a desert when she stranger-" "You have been trying to bite might' be altogether a garden. Another and that left ear off for the last half hour, and I weighty reason is, that in undertaking to tell you, you can' t- do it." [Loud laughter.] pay' tr the slaves, the State would be virtuNow, I want to say to my democraticfriends, ally creating an immense corporation with ayou may galvanize the old:corpse; you may capital of not less than ten millions of dolthrow its limbs into all sorts of: convulsions lars; stockholdership in which corporation and contortions; you may make it grin hor- would be attainable only by those who owned ribly;; butif you dreamn or hope that you negroes. It would give to those who now can bring it to life again, I tell you, "you own slaves a moneyed power, which would can't do it." [Renewed laughter..] You'may lord it o:er the people as absolutely as ever as well give it up. Yet that is about what the defunct oligarchy did. Let the people,all this talk amounts to, in my opinion. beware!" Now, let us be serious for a moment. I Poor workingmen,:who are'to come out in am an emancipationist. I have printed my such swarms to vote for the peace democracy, platform, and I circulated it all around my better think about that as well as other things. county. I have a copy of it here, which I The: next is local, which you do not underwill read to my democratic friends:: stand, but I do. "To the voters of Howard county;; a,.' "Nor do we: profess to be waiting for any we are in favor of a Convention." new light." Well, we are here to-night..Our friends, I understand that also. the peace democracy, and half and half:Union "VWe proclaim unre servedly ourprinciples, men, and all of that ilk. tried to prevent us. and are willing to stand or fall with them." from coming here, but they could not do it. (Signed,) JOEL HOPKINS, M. D., "Weare in favor of emancipation."JAMES SYKES, Of course gentlemen know now how we are going to vote. We are pledged;; we did and your humble servant, P. P., Clerk of not do this thing behind the bush,; we told the Parish. [LatuLhter.] our people exactly what we meant to do, and Now, how shall I vote under these circumthey sent us here to do what we promised.'stances? Break my pleda-es to the people? And I should be unfit for a place here or any- Vote against emancipation? Vote for comwhere else among honest and honorable men, pensation? You are honorable gentlemen, if I f;iled to keep my pledges to the people and you would not ask me to do that, any who sent me here. more than I would ask you to vote against "We pledge ourselves to use all honorable your pledges, which I do not intend to do. means to secure trom the General Govern- One word more and I have" done. Orer and ment just and adequate compensation to all above all I have urged on this subject, there who may be entitled to it lor the liberated comesup one grand, supreme, overshadowslaves." ing idea. I think next to my mother I love And that pledge is going to be kept so far my country. It is said we should love our as I am concerned. country first. But I had such a good mother, " We are unalterably opposed to. the mo- she was so kind and indulgent.to;me, wayward dern doctrine ofState compensation." and good-for-nothing as I was, that I believe Oi course, gentlemen, you know now where I love her best.: But after her, I love my we and the people are on this question. country, its history, its progress, its freedom, " For this opposition we assign our rea- its power, its glory; they are all to meliving, sons." vital, lovely and beloved things. And the conNow, I want you to listen to these reasons; viction has gone down into the very depths they are very brief, but they are my reasons. of my soul that the great enemy of my counI want you to understand that I have not' try, the enemy at whose door I lay all the 712 evils that have fallen upon her, the enemy when our nation shall learn war no more; which has tried to strike her down from her when the erring on both sides, who have proud place in the van of nations; which done each other mutual wrongs, shall mutualhas for the first time draggled her proud star- ly lay down their arms, and declare themry flag in the mud and mire-that enemy, as selves brothers, one nation, one land, one God is my judge, I believe to be the instittl- peonle, having one grand destiny, and that tion of human slavery. Right or wrong, I destiny to lead all nations to liberty and believe it. Nay, sir, I take that back, and say christianity. This day is coming. Do we not that I know it. And though I am the long fobr it? And if we hred the power, would friend and daily companion and associate of we not bring it about? And has not God the the slaveholder, I am as true and earnest a will to do it-more pity and more love than hater of the system as breathes God's free air we have, and has He not the power to do it, this night. Many a day and many a night and will he not do it? have I followed the bloody history of the Brothers, and1 I call every man on this floor times, and as I have done so I have promised now, my brother; let us at least be brothers myself that it the day should ever come when in this; that we will look to such a destiny, if I could strike that system a blow, when I God shall perchance give it to us. Whether it could put the knife to its heart, God helping shall come sooner or later, let us look to it and me, I would strike strong and sure. The labor for it, and my word for it, it will not be gentleman from Anne Arundel (Mr. Henkle) long before you. will hear again from southquoted the lines- ern mountains, and southern valleys, from "' The flesh will quiver when the pincers tear, tht grand old lyric which Maryland's son, The blood will follow where the knifeis dri- in days of gloom, gave to his countrymen; The blood will follow where the knife is driven." those words of good cheer: I have marked for t~hree long yea~rs three ", The star-spangled banner in triumph doth long, dark, terrible years, the quivering flesh wave, of my torn and bleeding country. I have O'er the land of the free and the home of the marked tVe flowing of the precious priceless brave." blood which slavery has drawn from veins tliat Mr. KENNARD. We have determined to act ought to be immortal. And loving her as upon this question at 2 o'clock to-morrow. I do; watching her agonies as I have watch- I therefore move that when this Convention ed them, I will neverl forgive, so help me hea- adjourn, it be to meet to-morrow morning ven, that thing which has torn her flesh, at 9 o'clock. That will giveus an additional her quivering flesh, and drawn her precious, hour to hear some member who may want to her priceless blood! speak upon this question. Now, let me give you a quotation from a The motion was agreed to. good ond yantkee song. I sometimes take a Mr. PuGH.:I have received a telegraphic social glass; and sometimes I do it in coMnpa- despiatch from my partner informing me that ny of gentlemen with southern proclivities. he is very ill. I therefore ask to be excused But I hardly ever in my life did so with one from attendance on this Convention for a few of those gentlemen, who, when he came to be days. a little- off his guard, [laughter] did not Leave of absence was accordingly granted. like to hear the Star-Spa igled Banner sung, On motion of Mr. PURNELLor even Yankee Doodle. It is an American The Convention then adjourned to 9 A. instinct and will out some time or other.- M. to-morrow. Now, about that yankee song, its chorus is"There's a good time coming, boys; twait a little longer.;; There is great virtue in those words. Wait and hope; the night is very FORTIETH DAY. dark, the storm is very high, but God is at the helm I! and if He watches the fall of the FRaDxv, June 24, 1864. sparrow, it he counts the hails of your head, The Convention met at 9 o'clock, A. M. do you think He cares nothing for a nation's Prayer by the Rev, Mr. Owen. agonies? Do you not think that it He so The roll was called and the following memloved mankind that He gave our Master to bers answered to their names: die for themn, He will not at last stretch: out Mess-s. Goldsborough, President; Abbott, His omnipotent arm, when His hour comes, Annan, Audoun, Baker, Berry, of Baltimore and save us? I do from my: heart believe it. county, Berry, of Prince George's, BillingsI believe he is working our salvation now, ley, Blackiston, Briscoe, Brown, Carter, Chamand by the destruction ot' that evil whence hers, Clarke, Crawt'ord, Cunningham, Cushhas sprung all our woes. Then I say " there's ing, Dail, Daniel, Davis, of Charles, Davis, of a good time coming." Only think of it. Does Washington, Deonis, Duvall, Earle, Ecker, it not make your heart bound Does it not Edelen, Farrow, Gale, Galloway, Greene, make the warm blood in your- veins course Harwood, Hatch, Hebb, Hollyday, Hopkins, with double swiftness, to think of it? A time Hopper,. Horsey, Johnson, Jones, of Cecil 713 Keefer, Kennard, King, Lansdale, Larsh, must appear as a mere gleaner, the harvest Lee, Mace, Marbury, Markey, McComas, having already been secured. Mitchell, Miller, Mullikin, Murray, Negley, Mr. President: I have abstained from Nyman, Parker, Parran, Peter, Purnell, taking any prominent part in the discussion Ridgely, Robinette, Russell, Sands, Schley, of the various articles contained in the report Schlosser, Scott, Smith, of Carroll, Smith, of of the Committee upon the Declaration of Dorchester, Sneary, Stirling, Stockbridge, Rights, which have been considered and Sykes, Thomas, Thruston, Turner, Valliant, adopted by the Convention. And I should Wickard, Wooden-78. now content myself by casting a silent vote The journal oi yesterday was read and ap- for the adoption of the twenty-third article proved. under consideration, if it were not for the ORePtIANS' HconvEZ~. fact that it embraces a subject, and is declaratory of a principle, in which a confiding MBr. AUDoUN submitted the following order: and generous constituency of the county of Ordered, That the Committee on the Ju- Worcester, which I have the honor in part to diciary be and they are hereby requested to represent, are deeply interested. Being also inquire into the expediency of authorizing an humble member of the committee which the several Orphans' Courts of this State to reported'he article and recommended its ratify and confirm the sale of real estate, as adoption as a part of the organic law of the fully as any Court of Equity could do, in all StateI feel it my duty to offer a few remarks cases of' intestacy where the personal estate in support of that proposition. And in disis not sufficient to pay the debts of the intes- charge of that duty, I will remark in adtate; and also, in all cases where the sale of vance of anything that I may say on this ocreal estate belonging to wards under the care casion, that the policy of emancipation of the Orphans' Courts, may be deemed to whlch forms the basis of that article, has be to the advantage of any such ward or beca fully discussed in the county of Worceswards. ter, and constituted really the only issue Which was adopted. upon which the canvass was cond tcted, and upon the result of which my colleagues and myself were charged with the high and reThe Convention resumed the consideration sponsible mission we now bear to this Conof the report of the Committee on the Decla- vention. ration of Rights, which was on its second We appear here as the mere agents of a reading. patriotic and loyal people-reflecting, as we The article under consideration was the think, their opinions; and to carry into exfollowing: ecution their wishes upon this and such other "Article 23. That hereafter, in this State, subjects and principles as they may deem there shall be neither slavery nor involuntary best adapted to their own peculiar circumservitude, except in punishment of crime, stances; and, as they believe, for the adwhereof the party shall have been duly con- vancement of the prosperity and interest of victed; and all persons held to service or the State. labor as slaves are hereby declared free." In discussing this subject, therefore, I proThe pending question was upon the follow- pose to offer a few reasons why I favor and ing ame.dment, submitted by Mr. BROWN: advocate the policy of immediate emancipaAdd to the 23d Article, the following: tion in Marvland; and why, at this particu" And the Legislature shall make provision lar period in her.history. First, because, in from the Treasury of the State for the com- my judgment, slavery was the principal cause fortablesupportand maintenanceof thehelp- oi this wicked rebellion. Second, because less and paupers hereby emancipated." it..as been and is now, a support and mateMr. PURNELL. Mr. President: The order rial aid in carrying on the war. Third, bewhich was adopted last night, limiting the cause it is inconsistent with the prosperity debate upon this article of the Declaration of' and true interests of Maryland, and not Rights to two o'clock to-day, has placed me adapted to the development of her agriculunder the necessity of offering a few remarks tural and mineral resources. Fourth, beto the Convention this morning, in support cause the institution of slavery has been alof the article under consideration. I feel a ready destroyed by therebellion, and should very great degree of embarrassment in doing no longer be recognized and retained in the so, from the fact that there have already been Constittution of the State. And, fifth, beoff red some very eloquent and able argu- cause there never will be any permanent ments, to which I have listened with pleasure, peace between the North and the South, so from gentlemen on both sides of this house long as slavery exists as a disturbing element. upon the subject of emancipation. I have been It has been apparent to the most superficial instructed and edified by each of these argu- observer, and well understood by those who ments. As a matter of course, this subject are familiar with the history of the times for having been so fully discussed, and so ably a period of more than thirty years past, that examined and reviewed by gentlemen here, I there have been a misguided and reckless set. 46 714 of unacrupulons politicians whose frenzied picture no less attraclive. The ancient city, brains h~ive been unceasingly engaged in the bearinrg tlie illustrious name of the Fallther of prep:lrayion of ceremonies for the crand car'- his Counlry, and encircling wiihin its cornival of high treason; and which culmirnaited por ate linits tlhe capitol of the nation, i s ara little umoite than three years ago in open e- chives, and all the various departnaents of volt;nll rebellion by eleven States of the Fed- the Goveirnment, emnbraciag also tlhat pure eral Government. and mrssive edifice known as the'White Since tlilt. time, sir, the established Gov- House, in which on a certain contingency, ernm.leit of' our fathers, the w'isest and best would pr eside with all the pouip aud sl.,lenever devi-ed amid fi'amed by morltl men, has doe of royalty, the chief of thiat new slavebeen involvi d in a wicked'and causeless civil aristocracy, donned " thle Confi-derate States war, f'orcedulion it by a set of. reckless dema- of America " Sir, althoughl for a while gopues of the South, the sceptre of' whose clouds, shadows ind dalriness seemed to hover' polilieal power lihd teen wrtsted from them, over and irounid us, veiling the temple of by the voice of an hitherto generous'and liberty, threatening to burst with,ll the fury confidilg peifle. fairly expressed in accord- of a nierciless stormlu; hn, too, the temance with the Constitution and the laws, pestilous antl ragting waves of se, es:in were throuigh t!.e miedium of the ballot-box. The beating fierce and high within the bosom of patrii tic ol,l State of Mar land, for a brief h,:-r less piudent t;nd errilg sister, Virgiuia, period. setmed to syjrpath'ze, falter and well nigh retiching her own hlitherto quiet waver amidst this featful conflicl; htr futinre and peacefuil borders; ind when, too, the destiny ftb a while appeared utiicertain. The stout sat hearts of her patriotic P-ons ere apever ietnmoraile events of' the 19th o.:f April, palled and dismat ed at thle sad aiid gloomy in the city of Baltimore, the action and de- spectacle, there was still "L a silver lining belibetat'oris of her Leoislature, assembled in hinrd the cloud." By a w~ise andI p;ttriotic Frederi k, caused the deepi st and most pain- exercise of executive autlor ty, suliported ful sentsations on tlh;e part of the ti u, friends anld sustain-d hly the arm or the'Federal of the Union and Government. Emissaries, Government, the tide of secession was staid in the liersot's of conlmi-sioners, fiom her and finally driven back and p otid jld Marywayward sisters Virginia and Mississippi, lan(- was rescut d from the horirble vortex of we re-xilhin her borders, tempting her loyalty terdition, alnd all the misery and destitution -(hantirig in dulcet strains the seductive, of her improvident, wayward sisters of the syren song of seession and treason-and South, her reputation for loyalty and devoportra iring in bright and dizzling colors, the tion to the Constitution and the Unon fu!lly fair and beautiful proportions of a future vindicated and established, as was unquesgreat tand glorious Southern Confederacy; tionably illustrated through the medium of whtere cotton would be king, and bring as the ballot box at the ensuing November humble suppliants to his feet the proud and election of 1861, resuliing in the triumphant haughity nations of the earth. And where selection of the prtsent atble executive of Jefferson Davis, fresh from the battle-fields of the State, Governor Bradford, by tle unparMexico, wsith the laurels of victory upon his }alieled majority'of nearly thirt!y-1wo tiloubrow, would reign supreme over the domain- sand, and the return of amn entire Urniomm Legeiions of a put:ely slave aristocracy, in the lature, except fromn the counmties ol' Carles, form of an independent Southlern Confed- St Mary's, and Calvert. eracy. Mr. BILLING;SLEY. That is so.'lTh se bold find traitorous emissaries of Vir- Mr. P'URNELL. That is so, as the gentleman'giniau ndl Mississippi, in obedience to the high says. As was properly remarked a tew days behest'of their master anid chief, were mtnst ago by that gentlemuan,'at tlie extra sessioin profligate in the dispensation of their pro- of' 1861, anid tlme tegtular session of 1862, mised-blessings and favors, if'tieir tavurite there were but six memoers of the Legislasister, Marylaind, would only yield to their ture outside of the Union Irmrty. caresses, and embr ce their overtui es; sever I rtm not disposed, Mr. President, to purher moorings and abjure her allepilance to this sue this branch of the subject any lurther;:hateful Yankee Government, Nhere wooden but will take occasion to remtark in this connutmegs, wooden hams, and codfish and Ilo- niection, that the status of Marylamrid, in this itatoes were predominant, and constitut: d the sad and perilous conflict, was unlis!takably principal articles of commercial inte course. defined; her devotion and loyailty to the Join her fobtune and future destimny with that Union anrd the Constitulion fully tested and -galaxy of Southern Slates, the neplus ultra exemplified; like the youngr- bride adorned -of chivalry, tlhe Athens of America, the for the bridegruom, anmd with l,uime anid spotEden of the New World, where over-rarlial less garments, unpolluted taid untat'nished nature, in the plenitude of her generosity, by the contamr.natitng inflience of thle horriI'ad dispensed with a lavish hand her choicest ble heresy of' secession, she arrayed hermself in blessings. all the prideanul grandeur of her ancierintpres-,nh ad'dition, Mr. President, to these bright tige,' gracefully by the side of her other true ancd beautiful' allurements; there was another and loyal sisters oftheUnion, in support ofthat 715: flag whose bright stars and broad stripes are l never has been, prosecuted for the purpose of the pridle andl admiration of every patriotic subljugating the people of the South; and in American, and a terror to all its enemies, this connection I will make one retmark in either fbreign or domestic. relation to what has fallen from the gentle6 However mulch gentlemen on the other side man from Prince George's (Mr. Clarke.) mayattempt by their eloquence and ingenuity, He said that he believed if the Crittenden I might siy, in a few instances, their sophis- Compromise had been carried out, the war try, to divert the public imind from the true would long since have ceased, and peace and cause of' this sad and unhappy conflict, re- harmony and union would have been resultinq in a resort to the arltitrament of the stored. I cannot agree to any such proposisword for is alltimate solution, rhe fiact can- tion. I do not think those in rebellion comnot, be disguised that s!avery and its influ- menced this war with any intention of comences were not only the otensitle, but the proinisin%, or returning to their alleciance, real cause of the rebellion. The truth until they had consummated all their nefaof the proposition, support(d by:all the riorrs purposes. What did Jefferson Davis, conspiring tfacts and ciircnumst:!nc(s, is as ap- the head of that bofius confederacy, say in a; parent and conclusive to my mind as the light, speech deli vert d in the city of Jackson, dut ing of tie sun at noonday. Then, Mr. President, I tlie winter of 1862, when invited -to address make thie direct issue between the Amlerican the Legislature of Mississippi, there assem-. Union and the irlstiltutin of slavery; one bled? What did he say upon the sublject of or the otiher must perish. If the latter comnpromise, upon the subject of returning' was the caruse of the rebellion, and still its to tlleir allegialnce to the Consritution and aiid;nd suppoprt and the rebellion cannot he the Urlion? He s::id, in something lke these put down without its destruction, then I say, wo]rds-I speak now firoo memory, but I in the rialre of' leaven, and by ll the sacred think I am correct: "I'f a sheet of paper obligations that bind us to this Urtion, our as white as the driven snow, and a Irencil. wives, our children, and to pos erity in all Iwere placed in my hands, and I was requested futrlre g-ner.,tions, erandicate it now, hence- to write the terms of a compromise, I would forth and forever by the adoption of the 23d spit ul,on it and trample it under my fret."' article in the report of the C,!mrlittee on the Does that look like returning to the U. ion? Declar;rtion of Rights. Incorporate into the Does that look like that sort of conciliation. organ:c law of the State- which the gentleman seemed to expect would. TTl'at hlerealfer, in this Statle, there shall be produced by the Crittenden Compromise? be neither slavery nor itrvolultrr'rv servitude, Certainly not. It never was their intention' except in p;rnishment of crime, whlereof the to return to the Union until they had tried party shall have been duly convicted; and to the bitter end the arbitrament of the sword. all pers!ns held to service or labor as slaves Then, perhaps, they may rettrlrn to their are hereby declared tree." reason, and a better state cf things may Then, sir, when this convention shall have ensue. finished its work, it will only remainl for the But I maintain that this war is not now, Governor of the State, by his,proclamation, and never has been, prosecuted for the purto srlrur1norl the legal voters to its coffln, the'pose of subjugating the people of the South; ballot box, Thet,. indeed, will bepert'ormed but has been w\aged purely and solely for the last sad obsequies over the fetid corpse of the preservation of the Union and the Constithis hitherto common, mischievous distulrberi tition. And there has never been a period of the place and happiness of a once griat, during its bloody history, that if I had the prosperous, united and glorious Union. Sir, power, I would not have granted to the the fuieral cortege is now prep trred, and only masses of that misguidedl people, the most awaits tlre final action of this Convention, iliberal amnesty and pardon-provided they to consign with appropriate ceremonir-s all would lay down their arms and return to that remains of slavery i Maryl and, to its their allegiance-to that benign government, final slpulchr?, rind then truly will lIhesoleurxn as the only palladium of their political safety requiem echo and resound throughout the and prosperity, and to the protecting folds lenglh and breadth of this land, "requiescat of that glorious old flag which in an insane ill pace."'' moment and in the madness of the hour, they: M3aryland free, peace in the progress of have so ruthlehssly assailed anid humbled in events woultd soon return to our distracted the'dust. To their leaders and conspirators and dividled l;rnd; cruel war would cease; in this sad drama, I can say nothing;: but, the sword now stained Wvith fraternal bhood, would turn them over to a wise and beneficent would be beat into ploulghsha:les) adrd:thb government to be disposed of as the. magniglittering splear of the caval:i'er'into lpruning. tude of:their cliimes deserve,.. hooks, anid we should'learn war. no' more. i AMuc:l has beedi said, and eloquentlv sa'i& The wilderness would blossom as the rose, upon the subject- of emancipation.:~ It has and the desert become vocal with the praise been ably discussed in all its phases. It has of God. been discussed' as a divine institution it ha. I maintain that this war is not now, and been presented in all the deformity anl wick 1.1 6' edness of its nature. Then again it has been was then the latent cause; the tariff was discussed upon a liberal basis, and in a moral taken hold of only as a mere weapon. And aspect. Now, so far as either of' these propo- why did they not succeed upon that question? sitions are concerned, I am perfectly indiffer- Because the South was a divided country ent. I have no conscientious scruples about upon that question; they were not a unit holding slaves. I am now connected with upon the subject of the tariff. The State of the institution to a limited extent, and have Louisiana wanted protection for her sugar, been ever since my boyhood, and shall remain and she would not join in that crusade so until the tenure is dissolved and broken against the General Government, and disby the voice of the people at the ballot box, solve the Union. They found, then, that upon the ratification of this Constitution. I that hobby would not avail their purpose; have no complaint at all to allege against and by the intervention of that stern old slavery or slaveholders for the tenure of this patriot, Andrew Jackson, the whole scheme description of property. However, so far as was exploded and overthrown. Scripture authority has been adduced to jus- So the matter rested. Not, however, a tify slavery, I think by false interpretation, final rest; but on the contrary a new agitayou can find Scripture for any doctrine you tion was commenced. Not on the part of the may desire or attempt to establish in ordinary North, as has been said by gentlemen on the life. Grant that slavery was recognized in a other side who have argued this question. certain form and at different times in the Who, for one moment, ever paid any attenScriptures. That itself does not sanctify the tion to those wild fanatics, Wendell Phillips,. institution for us; that of itself does not Theodore Parker, William Lloyd Garrison, justify the tenure of slavery, when it can no and the whole tribe of abolitionists? Who longer be made valuable and useful to those among sensible men, ever respected their who seek to control it. I leave that to the opinions? Whatharm could they do? Could conscience of every man, whether he be a they poison the minds of conservative men in slaveholder or a non-slaveholder. That is a the loyal States upon this question? Their matter he must determine between himself only object was to keepup this agitation, and and his God; and there I leave it. to aid the North in producing this conflict,' But as a national institution, I deny that it for the purpose of breaking up this institution ever had any political existence. I deny of slavery. There can be no question about that it ever had any existence, political or that. But they were impotent as to numbers domestic, but purely as a State institution. and capacity, and never could have brought It is true, as has been stated here, that the about any such result by themselves. right of property in slaves was recognized in I stated, as my second proposition, which the Constitution of the United States-that is I supported in this connection, that slavery a fact-and also by the State of Maryland, and is a support and material aid to the South in the other States that are part and parcel of carrying on this rebellion. Let us for one this Union, and controlled by the Constitu- moment refer to the statistics of slavery in the tion of the United States. And I hold that South. There are nearly four millions of the State, in its sovereign capacity, has the slaves in the seceded States-or were. Say right to control this institution in any man- that one half of that number, two millions, ner its policy may dictate. If it is the inter- are females; that leaves two millions of est, then, of the State of Maryland to abolish males. Suppose that you divide that number slavery at this particular time, it is right and into three parts, and take off one-third for just that it should be abolished. If the ma- children, boys and old men You have then jority of the people of this State say that left over a million of effective men, who can slavery shall no longer exist on the statute be mustered into the service and made solbooks of this State, or as a part of the organic diers to help to strike down this government. law of the State, then it is right it should be Or this one million, if not taken into the milabolished; if there is any truth in that an- itary service, and arrayed against this govcient and quaint maxim —" the greatest good ernment, remain at home as producers, in to the greatest number." the place of their masters and their masters' I said that no permanent peace could ever sons, who are able to enter the battle field; exist between the North and the South, so and who would necessarily have to be orn long as the institution of slavery was a dis-. their sugar and cotton plantations, if it were turbing element. I maintain that position to not for the fact that their negroes are there% be true. Past experience shows that such a and to that extent do what is necessary to peace could not possibly exist, where there carry on the rebellion. I think, therefore, was such discordance of opinion and feeling that the proclamation of President Lincoln, upon a question of such vital importance. freeing the slaves of the South, was a wise Why, sir, as far back as 1832, when the doe- proposition so far as it relates to the weakentrine of nullification was rife in South Caro- ing of the rebellion. I grant you that it can lina, when the question of the tariff at that avail but little-, unless the lines of the Federal time was seized upon as the means by which army are extended over the South. But it had this glorious Uniou was to be severed, slavery this effect; it became known throughout the 17 length and breadth of that misguided coun- you can flatter them into almost any belief, try that such a proclamation had been issued, and by a gentle police, firm and mild discipdeclaring the slaves of the South free, and line, you can control them without any diffithat led many of them when our lines were culty whatever. While, on the contrary, if extended, and even before, to escape, to elude you arouse all the asperities of their nature, the vigilance of their owners, their overseers, you make them insubordinate, and reduce their guards and sentinels, and fly to the them practically to a worthless condition. If federal lines, where they could enjoy this all of the race were slaves, perhaps a different boon of freedom. To that extent it had the system might prevail. But when you work effect of weakening the rebellion. But. there slave and fiee side by side, men of the same were more than this one million of effective color and of the same race, and of the same slaves in the South, who were engaged in habits, the one the recipient of the proceeds producing the necessaries of life, and the of his own labor, the other the unwilling sinews of war required to support the armies servant of perhaps a griping and unyielding engaged in carrying on this rebellion. It is master, with no hope of remuneration other well known to those familiar with the institu- than the poor pittance of food and scanty aption, that women and boys in the South are parel, you create dissatisfactions and reduce almost as valuable and effective hands as the the usefulness of the class. men in the production of cotton. There are Now, I am satisfied in my own mind, and certain stages in the process of raising cotton, from my own experience, that if the whol'e when women and children, who of course system were changed, and all made free, they would be valueless on the battle field, render could be made of more practical use than effective service. they ever can be in the character and'condiThe institution of slavery, as has been very tion they now occupy. It is said that if you properly and correctly said in this Hall, is adopt the policy of emancipation, the blacks virtually destroyed. The slaves have become will become idle, worthless and degraded, demoralized by the events that have trans- and that your penitentiaries and jails'- and pired before them. If that be. the case, and I work-houses will be filled with them. I think think no one will question it, if slavery be it will have exactly the contrary result. destroyed and is no longer valuable to us as What was the case in the Island of Jamaica? an institution, then why retain it as a part of It is not necessary for me to refer to the stayour domestic policy? why protect it in the tistics-though I could do so, and had inConstitution of your State? Why not change tended to do so. But I have been relieved the policy of the State, and adopt one better from the necessity of referring to them, to adapted to the circumstances of the times? show the effect of emancipation in the British Why not recognize the fact that slavery has West India Islands, and in the French perished? And thenlet us endeavor to build Islands, by gentlemen who have discussed up on its ruins a better system, one which this subject in all its bearings. What was will develop to a higher and greater extent, the fact in the Island of Jamaica? It was prethe agricultural and mineral resources of the dieted that on the day which was to liberate State. Who for one moment will contend eight millions of slaves, and turn them loose that slaves are capable of doing that? Their upon the country, riots, confusion, bloodhabits, their nature, their capacity, preclude shed and anarchy would prevail. The very any such presumption or any such fact. But reverse proved to be the case. On the night if it is a fact that the institution of slavery is preceding the day on which the law which no longer valuable; that the right to hold was to give them freedom was to go into slaves no longer carries with it the power effect, they assembled in their various places necessary to control them; why not change of religious worship, and there watched with the Constitution? Why not recognize that the most intense anxiety, the finger upon the the institution is already destroyed? Why dial which was to mark the hour of twelve, not adopt some system by which their labor and give-them their freedom. And when the can be made available in another form? hour at last arrived, there was one universal I believe human nature is the same almost shout of adoration and praise to Almighty everywhere, and under almost any circum- God for the great deliverance that had come stances; although it may be covered with a to them. But no riot, no demonstration of black skin. It must be apparent to every lawlessness. And after returning thanks to man-though I speak more particularly to the Father of all men in the most humble and the farmer-who has employed slave labor reverential manner, they returned to their and free labor, that free labor is incomparably homes and their masters. and resumed their more economical than slave labor. While ordinary pursuits of life. That shows the the one performs his duty with alacrity and effect that change had upon the portion of energy, the other renders at best an unwill- the race there. ing and negligent service. It is one of the And I anticipate much better results,-or peculiar characteristics of the negro race, at least as good results, they could not well that you can perhaps reach them in a more be better-in the State of MIaryland, from the successful way by kind and gentle treatment; adoption of' this policy; because I look upon 718 slavery in Maryland in a totally different light Then if it is necessary to control by strinfrom what I regard slhvery in those semni- gent laws this race which is about to be let barbarous countries, where they exist in such loose in our State, let the legis.alure pass large numbers; and where the opportunities sut h laws as way be necessary to confine ihem of civilization and christianity have not been wilhin, proper limits. I thinkl there is already enjoyed to the same extent that thev have enough legislation upon the statute book in been, and will continue to be, in the Stale of relation to ft'ee nedroes. Biut if it is necessaMarylind. Instead of the negroes becoming ry to bind the cord still tiolhter, let the legiswortltelss and degraded, and vagabonds, I lalure at its nwxt session, or at.;any ulhseanticilate that they will remain with tlhir quent session, itnaugurate such laws as will kind and benevolent masters, those who have nmote effcctuilly guard against the results protected them through life, and under wl(:se contemplated and anticip:nt; d by thlse who guidance and protection they will still be are opposieig ibthis emancipatilon scheme. It willing to remain and latbor. Gentl nmen ask will platce lhat whole class of our population with a sort of an air of false philanthropy — uporn a different basis. The\y ill no longer what is to become of the young children and be govcrn d by the eye of their master, not the poor old men and women? Are they to he ca ring a hebh er they render a ret urn for his turned out utpon the cold charities of the kit!dnes, and care and protection. But when world to get a lving the br-st way tlhey can? tltat relation is dissolved, and when they find Now, I venture to say, bhen emancipation they have nothing to depend ul)otl except cculrs in Maryland, if it ever does occur, and their own go(;d conduct, and their own as I believe it surely nill, nwhen this Consti- fidelity, their actions will bh controlled by tution. is pr esenled to the people for rattificte- d fierelt influencts and diff,.reot implpulses. tiln —that the old servants will still remltin They will then know, and lerhat s for the with,heir former mast!lrs; that the young first time in their existence, wil e(xperience net roes, that are now about yorur farm yards, and alppreciale the reallity of selt-reliance and yi ur houses, and itl your cities and towns, the necessity fj:r futurie probity and fidelity w 11 till rem(ain with their masters providr d in the new splere of life ulpon which lhev are they are vwilling to let lhem r emnin uplon the about to embark, and for the success of which condition of receiving a humble and mrderate they must mainly depend fbr their maintenpittance. ts some return for the. labor they ance and sup(port; and by tha.t principle ntay perform for their masters. It will not they.will l:e guided and governed in their in my estinmation, aldsolve the correlative duty inlercourse with tile whites, who they will that now exists on the part of' the master to ever regard as their superiors and bene the slave. It is true it will dissol ve the legal factors. relation. But who is there wiho has ertjoyed I think that with reference to the subordithe' labor and services of an old confiden- nation of this particular race, thefy are,about tial slave, froim the time whten his labor the same everywhere. I have grown up with was vltuable up to this day, who would be the institution in the State of Marvlanul. I willing to turn him out, as hfe would ant old have witnt ssed its operations, and hrad so me horse on the common, to get throough the exl erience of it in the Southern States for a rest of his life as he best conld? No, sir, period of founrieen or fifteen years; I have our instincts are better than that. No suth watched its operations there. I have seen passions, no such opinions, no such emotions it in South America, in Br:zil, in Rio Jawill control ns. But on the contrary, we neiro, and I have seen but little difference would still guard and protect them as we did in them anyn here. so frtr as regt'rds their pewhen they were our slaves. cutiar characteristics. I have no doubt thereAs a matter of course it will increase the foe lbhat the best resullts can be attairned by obligation of the slave to be obedient and the adoption of a prompt, firm and hbrmane faithful, knowing that the relation of master system of police in the Strate of Malawland. and slave is dissolvet-d; knowing that there is The same result was my experience in Missisno longer.the legal duty imposed upon the sippi, as in Rio Jan(-iro, where theae is at mixmaster to protect, and clothe, and feed,and ed population of free and slave. In Brazil care for him. Be will. then hbave nothing to I hbave seen slavery in all its prmitniiveness. 4epend upon except his own good conduct,atnd I liave seer there the native Atrican with the that will be a sufficient inceutive to fidelitv tattooed brand upon his cheek, flesh from and good behavior. And the same rule will thrp sandyv wilds of Africa. I have seen the apply to t he able-bodied among them. In- semi-Portuanese amotig thein. I have seen the ste:id ef goingabro ad and setring tp for them- race in its purity, and in a mixed state, and selves, they will remain with their masters their in:tincts seem to be everywhere the and contlinue to lablttr, though perhaps in a same. They can ever be controlled, not by somewhat different attitude from th.it in aN hi{ h hatsh band violaent meas ures, but by a mild and they had beear wont to di in former days; firm discipline. In the city of' Rio Jarneiro I will receive perhalps at least bread, meat, have seen a long trlain of freemn l and slaves, clothing and protection, if no hainr more. I arraytd together indiscriminrately in the eyeThat will be the result, in my opinion. |ning counting their didumpts and vinctons," a kind of spurious copper currency in which slaveholders. Iam in favor of no levelling they.re p tidt. While the free A("rican seem- process. But whe! I come to view the facts, ed to be elierlful, gas and happy, the s'ave it is to my mind conclusive thlat the whole appeaered to be. restless and dissatisfied —the of the legislation of Mlyland for the last one had bren the recip.ientoFethe proceeds of thr c-quarters of a cevnturv, has been conhis own labo;i while the other had to render troll! d in the iiifluence of slaLvery. A majority an aeconlit dlttil to:a rigid lask-ralster. of the me(mbers elect(ed to the [Hrius: efo DelI hrave s-en the free Alri-ans in the military eglates] and to the Senate, h;ive been sl;tveservice of Brazil. For at the t-ime I wat s thcre holders. A majority ofyour.overnirs, if not Don Pedro u,;s at war with irs:tis, of the more, have been either sfaveholders, or symBRenv; Ayrean dorminion%., and every day the pa-thizer s with slavery. All, or neail\ all, the soldiers were pirartid upon the public squalre members of Congress from tohis St ite lhave for the review of the emperor-and ii that been slaveho'ders or sy;mp athizers with slavelong, hi!.e of sildielrs you wound finld the Por- ry. All our S-n.itors at \Vashirnl;tol, with tugouiese, the Indian, the ha;ll-breed African, the exceplion Ibeli-ve of TMr Reveritv J: hnand rhe fiull-blooded Al'rican, all in the satme son have been sfaveholders or smpmafthizers, uniformn Thf,-e was but little distinction to with slavery. Then it is the fact t}fat s!;avery be olserved between then; all seemed to be h-is coitrolled all our legislation; thai about wor:kirLg in the service of Iheir great manster; 15,000 slaveholders have controlled some all seeaed to perfrorm their services wi h alac- 60,0000 people-!or that I be! ieve is atout the rity and wihlin.Iness, without ary control ex- population of this Stare. Is that fair? Cercept the aruthorily exerci ed over themr all by t:rinly not. Is it just? I lhink ncot. I think those who h tve: rig'ht to direct them. it is time that those 600,000 peo:,le s'lould I amn corrvied, tlierrefore, that by a firm have a voice in tlre legislation of this State, and humane police, we will have no difi'ulty in tihe passage of laws by whichl their lives, in governinru tlle slaive th-at may le freed in their liberties, and their prl:,rty are to be the St;te of' M:r3vlaind should that event oc- regu'ate(l aind controlled. I thin k it is time cur, and illlki:g thel'In effi d'ent aind ustfual that they sh:olll cease to b, feiteled;is they branch of labo)r in agvirculltlral pursuits. I have hitherto been by thaLt kind ofirflilnunce. am satisiled, howvever, that it is incompatible A, d I think it is time that they s'liruld be with their n ittire; thatt it is ineoinpatifle alloweri a hull and f5air expression of their opinwith the intlrests of the(ir employes, to work ions, trot only abroad but in the halls of their slaves and frenlem side by-side. legislature. The PREs:sEN1. The (entleman's time has Mr. President, I am not disposed, in expirid mund: r the rule. view of the limited time for discussion upMr. Seavr, orf Bllltinore county, moved on this article, to longer consunme the time of that the oe.,tlemean's timebe extendled. this Convention I therefore yield tile filor, MIr. PtraEiL,. I desire bitt five minutes in oradlr to allow others, who d sire to do so, more to coriclllie all I have to say. an. opportunity of expressing their views upFive minutes additional time was accord- on the important subject under consideraZngly granted tion. Mr. PuaNxEr. I thank the members of the Mr. BEBRY, of Baltimore county. Did I Convention lo' the kiidniess wilh which they not feel thalt it is a, duty devolvinrf upon me, have lisieued to ttie nrm rks I have already as one of those whom the citizens of Balti-.nide, andl tlo the courtesy they have just more county have delegated to represent her extended to me. I have but a few words to upon the floor of this Convention, I should say and't-ea I will clo:e. ntot obtrude myself at this time. Did I reI thinlk lt tt, we rieed no lonter hesitate member that upon our side of the House, any withs regard to wh it is the true. policy of gentlemaon who is a slaveholder had spoken, Marylan l. I think that we need no longer I should perhaps forego the drty which I feel hesitatte in regalrd to) what is our duty under is tassinel mne. I amll a sla-velolder. Witlh the circLm.At rnces that now surround u-. It these pref.tory remarks, I proceed to the all has been said here, and with a gre it deal of import int questions growing out of th's arforce,. thiat the slave power h;ts heretofo)re tice proposed fhy the committee to be put into con.trolled the legislation of Marytrllnd since the bill ot rights its rarliest history. I think tihat the statistics The question of compensation for the slaves will fuilly be;,r out that assertion. Why, emanciil)ated under the cl.ause to that effect where, and by wi lin h ve the laws of your now to be inserted in the Constitution preStrite been elnactt d? Who tor the last fifty senis itself in two aspects. years have coritr.llt-d the whole legislative First, a compensation from the General departmlent of your State )overnnlenll? Un- Government. quiestioiably tihey ha;ve ben slaveholders. Second, a compensation to be provided by ~1 do not wishl to ene )urae any agrari tn oec- the State its-tlt' by a tax ulpon her citizens. trine in this connection. I amn notr in favor To thle first, under ordi'nary circrier-sances, of anttantagognisis between classes. I am not {we would certainly have no claim, blt lookin favor of arla'ing non-slaveholders against, ing to the action taken by the Executive and 720 legislative departments of the Federal Gov- that contained in the resolutions to which I ernment, we have a most equitable claim, have referred. which it is difficult to understand how any If this were even so, and no one was incitizen of Maryland can refuse, or hesi'ate to jured by such refusal, to hold the State urge. estopped thereby would indicate rather a deThe President of the United States took sire to avoid the payment of a demand justly the pains by a special message to Congress founded, than to stand by her substantial in,March, 1862, to call this subject to the interests in obtaining for her the payment of particular attention of Congress, and to a claim to which she has now for the first urge upon that body the justice and pro- time had an opportunity to establish her title. priety of making compensation to any For you remember that this action upon the State that would emancipate its slaves even part of' Congress occurred after the Legislaby a process of gradual emancipation. But- ture adjourned. If my memory serves me, it this national promise thus held out to the was provided that emancipation should take States to induce their consent to State eman- place in the States within a certain period, cipation, did not stop here. The Congress that is, prior to January 1st, 1865, I think. of the United States, adopting the suggestion Now, I contend that as the Legislature of the of the President, a few weeks thereafter State of Maryland had no right to emancipassed joint resolutions, solemnly promising pate her slaves, that right being withheld V:ational remuneration to any State that should from her by the Constitution of' the State, adopt this policy. and as it. is now that for the first time the I need not read the resolutions, because they sovereign people have sent their representaare appended as an amendment to the reso- tives here to leoislate upon the great organic lutions to be acted upon after the Convention law of the State, this is the first opportunity shall have acted upon this 23d article. that Maryland has had to meet the obligation And the President at the opening of the imposed upon her in that act. next session of Cong~ress, in December, 1862, 1This random assertion just referred to, that gave us more at large his views upon the theStaterejbsedthispayment whenshemight subject, and avowed his support of a gradul have secured it, is founded I presume upon subject, and avowed his support of a gradual the vote of some of the representatives from emancipation policy. lie showedthat bythe ths State of some of th repreentatives fro adoption of a system which should liberate an amendment proposed to all the slaves by the year 1900, the object he a bill to provide compensation for slavery in recommended would be accomplished. Missouri. mend wld beac e d But suppose they had all voted against adopt even a gradual emnancipation policy, refusing compensation? It was the action goes even beyond what these departments ad- f tuch a repropoesentatives alon, eow upon any time whenncipe vised, and gives immediate freedom to her State had no title to such comp ation, slaves, n say boldly that every principleiof asd when very probaly these representatives e good faith and fair dealing even as between desired to avoid committing their State to tndividuals and much more on the part of a any moral obligation to emancipate her slaves great nation demiands a fhlfillment of that when the people had not indicated any such ~~~promise,~~an purpose, and whe action assent to the Stacct itself inptIt is difficult to understand howany son of nce of such a compensation might pohe acsiblyon visedaryland, whether by adoption or y birth, be construed as binding them to adopt that can hesitate to ure this demand. It would policy. seem strange, but it appears that there are i am whern ery pressing by every legitisome who are anxious to find excuses against madte means e our lai to compensation by the compliance with that promise. We hear it General Government, founded as that claim sometimes said, and it was said a few days isuponthe promises of that Goverenmentwhich ushing) that there was an ofufillmer once to sacred. As my friend from Howard (Mr. make ain appropriation for such a purpose, Snds) last evwhening read asis platform, I wil which offer was refused. add that we of Baltimore county, seven in Suppose that that statement was true. It number, are pledged each to the other and to would be like a man owing a debt, and to /our county to do every thing that is honorescape the payment pleadig the act wof lmi- able and fair in order to obtain this compentation. But denyit appears th of there asser-e stion. tion; and I challenge any one to prove the The second mode of compensation eferred fact that the Government of the United States to-compensation by the State itself by taxaever offered to the State of Maryland com-tion of citizens-is founded upon very pensation for the freeing of her slaves, except different considerations, and to that I have al 721 ways been and am still decidedly opposed. there learn how it came to exist, and how it is I will not stop to suggest all the objections defined by State laws; the character of the that might be urged against the expediercy servitude; the extent of it, and the degree of of such a proceeding, or to show how unjust bondage which it imposes. would be the operation of such a tax, in im- I deny, therefore, that any aid can be posing as it would upon the most populous drawn from the Constitution of the United and prosperous portions of the State the States in support of the doctrine that it is greater part of the valuation assessed to pay chattel property, upon the level of and of the for an institution in which they have not and similitude with personal property generally. never had more than a comparatively trifling, On the contrary, I contend that from the I may say, consequential interest; but will very term employed in its description, viz: direct a few remarks to the veryfoundation fugitive from labor, it is necessarily implied of this claim to State compensation. that it was very distinct in its nature from Those who advocate it insist with great ordinary chattelor personal property; and if confidence as sustaining their claims upon property at all, it ig sui generis, different in that constitutional principle that the property all essential elements from other property. of the citizen should not be taken for public So far as its relation to the Federal laws is uses, without a just compensation. concerned, it has been ever so treated; desirWere I to admit that slaves, are property ing no further protection from them than the within the true meaning of that word, it exertion of the power of: the Government to would still be somewhat difficult to show how give to State authority, under which it exthe emancipation of such slaves is an appro- ists, its reclamation when beyond the State priation of them to public use. But I go far- jurisdiction. On the other hand, it ceases to ther, and hold that by no just construction of possess any attribute of property or to be that constitutional provision are negro slaves recognized as such beyond the limits of the proerty.according to the universal accepta- State where it exists, in any other sense than tion of that term. Property in its absolute the one already indicated, viz: that of reclasense means, according to the definition of the mation. best lexicographers, "that to which one has It cannot be bought or sold; cannot be an unrestricted right." retained outside of the State where it is alThe property allowed to any one in African lowed, nor in anywise be dealt with or proslaves is not of that unrestricted character- tected; but is, under the laws of other States, it exists only by the toleration of the corn- wholly ignored and repudiated as property. munity within which it is found. Take it It is not property, therefore, in the general acinto a community which has not given its as- ceptation of the term, and is only so in a sent to its existence, and property in it exists special and limited sense, and within a limited no longer. sphere, to wit: in the State in which it exists. The ground of all the grief against eman- If thrown back upon the State law or Consticipation is, that it violates the private rights tution for its vindication as property, it has of property of the slaveowner, and dedicates even thein only a quasi or limited character it to public use, without compensation. The as property, for it is subject to provisions as a constitutional right to hold slaves, or to re- person or persons, and is treated and considcognize property in man, is not derived from ered in its relation to the body politic, in its the Constitution of the United States; nor is charactet'as personal, entering into the basis slavery per se, as property in man, recognized of population for representative purposes, by that instrument. Slavery as property both in the State and Federal Government, owes its claim to State protection, to State enjoying as persons, rights of protection to constitutional security, or protection, and the life and health, and even absolute security restraints which State Constitutions impose and defence against oppression and inhumanupon the Legislature concerning the relation ity and fraud; for even in the matter of its of master and slave. It is a well authenti- transfer and assignment, where it is limited cated historic fact, that the word slavery was in its duration for a term of years, the State not introduced into the Constitution of the law throws around it guards and securities, United States, because it was, even at that by requiring both the vendor and vendee to time offensive to the moral sense of the people; enter into written covenants, which, treated and it-slavery-obtained only a negative in its personal character, provides for its vinrecognition in fact, or a qualified recognition dication as such against fraud. in the limitation imposed upon its character, Is t..:e, therefore, any analogy between a by the terms employed in its description. oow and a horse in which the owner enjoys " Fugitives from labor" is the descriptio absolute property, and which property is in personis, one who flees from labor which he its exclusive character the subject of legal reowes, from bodily service which is due to an- cognition, and man, a human being, which other. In this modified form, and this only, the laws of every slave State deal with and is it at all mentioned in the Constitution; regard as a being entitled to protection in and if we seek to understand what it is, we person, as a person, andhold to accountability -must go to the States in which it exists, and by its penal and criminal jurisprudence? and 7:22 which it counts in with its population as an use, it is under a moral and constitutional obintegral portion of the constituency which ligation to pay me for them: because it takes make up the body politic? a property which I own, not by its permisI hold otherwise, and shall deny boldly that sion, but by a title paramnount, and to which there is any nierit of claim in the slaveowner, its assent was not required. But when it deto ask either in law, equity or morals, the pro- clares that mv neygro slave shall now, or at tection which in law is properly due to prop- somre stated time hereafter, go free, it does no erty so known and recognized by the uni- more than revoke lhe assent which it has versal consent of mankind everywhere. heretofore given to the existence of property Why is it, that no constitutional provision in such a creature, and there is no obligation or State law is necessary to pIerfect my right morally upon the State to pay me, because it to own a falrmi, a house, a horse, or any other will no longer allow sacch creatures to be a of the almost ininumierlable sul.bjects of private subject of ownership. Upon this distinction, property found in a civilized community, but therefore, t)lainly existing in the nature and that (as everybody admits) some constitu- origin of property in a neyro slave, and proptional or legislative provision is necessary to erty in any other thing capaible of ownership, enable rme to own a negro slave?, I hold that the emancipation of such slave is The answer is and can only be in the differ- not such taking of property for putlic use as ence in the foundaiion and origin of my prop- comres within the purview of the constituerty or estate in the two different kinds of sub- tional provision and obliges us to pay for it. jects. The orie is, by tlie laws of God and To give it such a construction would be tannature, the subject of absolute propiietorship, tamonnt to saying that the Constitution has tracing back man's title to the mandate (f the declared, that a State once admitting A firican Alinilht- at the creation of the world, when slavery, could never afterward atiolish it, he created the earth and its beasts, the air and without making a just compensation to its its fowls, the sea and its fishes, and gave to owners. man thie dominion over them. No one will pretend that any infierence is For that I refer my friends, and especially deducible fromr anything to ite found in the the gentlemian from Prince George's, (Mr. Constitlution of our own State or any other. Berry, ) in answer to his point of scriptural This view of the case is str( ngthened by W:hat authority, to the first chapter of Genesis. I think will be found lo be the fact, that After God had created the heavens and the whi!st nearly all the original States of the earth, after he had made the beasts of the field, Union wire once slave States, ard a majority the fowls of the air, and the fishes of the sea, of them have by leisl ation at diffTi eant times, then he "'createdl man in his own image- in emancipated their slaves, none of them, so the image of God created he him, male and f;r as my readings extend. have felt boulnd female created he them. And God blessed to make, or have in fict made, any m nied them, and God said unto them: Be fruitful com)ensatlon fir the sliaves so liberated. and multiply and replenish the earth, and It is no aeswver to ttis suggestioum to say subdue it: and have dominion over the fish that in these cases manuinissiun was tprovided of the sea, and over thle fowl of the air, and for prospectively; the prineip!e applicable to over every living thing that moveth upon the the two cas: s is preci:ely the sime. earth. And God said: Behold I have given If slaves are Iroperty and to be paid for you every herb bearing seed, whicIh is upon when emancipated, the value of the interest the face of all the earth, and every tree, in the destroyed cannot affect the general principle. which is the fruit of a tree yielding seed; to When it is decla,'ed that my slave who is you it shall be for meat. And to every beast now a slave for life, shall be free in ten years of the earth, and to every fowl of the air hence, or when he arrives at a certain age and to everything that creepeth upon the you by that act as emlphlatically tal;e my earth, wherein there is life, I have given every property as when you declare him f'r(:e at green herb for neat; and it was so." God onrce. In the one case, the xtPnt fand value in his wisdom gave man dominion over all of! the proleerty takfn from me is riot as freat things he had niade when he created him. I as the other., tbut it is impossible to distinguish read nowhere that God gave man dominion the case; iit principle. over his fellow-nran to enslave him. That Ceses may no doubt be found connected was talerated, but it was not the decree of God with the question of emancipation, where himself. compensation has tbeen provid:,d. I will not The other, (foundation and origin, )utterly say we have not the power to do so, if we unsupported by any such divine authority, think it expedient to exerc:se it. I am only rests essentially and entirely upon local muni- at tempting to show that the obligation upon cipal authority, arid h1as no recognized exist- us to provi(de such a compensation, has no ence in any State, until such State in some tbundation in tha;t lprincil)le of cons itutional solemn and authentic form has agreed to tole- liw whi( h its advocates so frequently invoke rate the institution. in siupIort of it. When the State, therefore, takes my land When Congress abolished slavery in. the or cattle, and appropriates them to the public District of Columbia, they thought fit to 723 make compensation to the owner, and did so of mine, for I was not on the committee, it with ureat propriety. That was not the case went back to the Senmite with the ptovision, of a State, as in Malryland, first legalizing "' that the Convention should not bh any'act the institution, and at a subseq,lent dan disturb the:elation of imasler e8nd slave" abolishin it. Slavery came into the District stricken out, and I hlink, to my fiiend from of Colnumbia, not by the act of thle General Calvert (Mr. Briscoe,) is due the credit of deGovernment, but under the aulhority of the feating it there, by amendments whibh con.two States of Maryland and Vir-ginia, who sumed the time up to the hour of adjournceded that district to the United St ates, and ment. when the latter accepted that District, tbhy Mr. BR!ScoE. I offered no ampenlments. took it with the insiitution so (rteated, and Mr. BFRRYa, of Baltimore county. I unthere wais an eminent propriety, if not a legal derstood that it went the(re very late,,ind obligation upon the Government, when it in- that it was determined that it shoull not dertoik to pllt an end to an institution thus go through the Senate, the Hotuse having derived, to pay those who might sulfer by amended it and stricken out that portion conits destruction. cerninc the relation between master and But no suh obliat':on rests upon this slave. You offered anmendments and spoke State. Slivery here exists only by her tole- against time. ration, and to hIold that she can never revoke I ipropose now to take up the scriptural arthat permission and prohibit the- institution gumlent, and to pay my respr!cts in, that parwithout pat ing for it by public ass, ssment. ticular to my friend fmrlln Pince Glorge's, would, as it seenms to me, equally authorize who sits nearest me (Mr. Berry,) anld wvho those who, a few years ago, were making yesterday brought that qlesuion up by quofortunes amnong us by pursuit of the lot- ting from Genesis to Receltion. ssatyitn that tery business, to insist that we had no right in every book of the Bible thle institution is to prohilit that bisiness by State Legisla- recoanized. ture, unless we fir-st paid tllose who were tin- Mr. BERRY, of Prince George's, Nenrly. der the pirevious, laws of the State thus legliti- Mr. BIRRY, of Bailtimnore c ounty. Th,t is mately engaiged thenrin. a qualification the gentleman dlid not m ilke Thf se are my viewvs upon.the question of yes erd'y. Wee will accept it, howktver. lIe compensalion; in ftivor or compensition by quoted Genesis, chapters 16.Jid 1 7; Ephethe General Govel, ment, but decid dliy and siins, chdplpter 6; Colossiiins, no parlicular determinedly opposed to compensation by cho.pter-taking the whole tlook, I lireuime; the State. 1 Timothy, chapter 6; and finally. PhiIlemon My 1'1iend from Prince George's (1Mr. Clarke) first chapter, in relation to Otjesimnus. quoted the other night from certa;n resolu- The gentleman sp, aks of beine a religious tions adopted iby the!a4t Legislature of Mrtry- man; andl, in his cloaing remarks, he nri.ed land, (r tlle Legislature beiore the last, and upon us, you who are en.:ayed in this wild said that lie h.id not cl!aned fromn th t prini- calreer against the instiilltiorl in wliich we ciple. If he will go further back he will finld are sutiported by the law and the Go pel, to that whi n I was in tle Legislature of Martr- go to our closets and communn. witl God, to land in 1858, mv recoid is clear there; that knoxw whether fanaticismn is religion. Now when the movement wvs malde to. ( all a Con- I wish to say in reply, that I h;lve solemnly venti,.n, f,he people, I was in fiavor of the ad seriously done so. I p,:oess to be a recall of llat Convention. And when my friend ligio us man, and to have Ihe. f.-ar of (Gol befrom Plirce G.olrge's (M'r. Belt) introduced fore my eves. Perhaps I lmay not always into that bill the provision that the Convaen- succeed, but I do try to do what isright. tion shouild not by any act disturb the rela- If I fail it is the fault of t';e fl sh,:nd not tion beta ixt mnaster nrid slave, my name be- of thle heart. After t;kio g there thlais texts ing called first to that proposition, I said- of Sripture, and th;nkiang Hirn foi his prono. I s tid i' no " for two reasons. I did not tection, and askinc for His uruidauce, this text believe the Legislature hlil the right to in- of Scriiptllre came to my view.:. " If e know struct a Convention of the people.; and I these things, happy are ye it' ye d(l, thrni." was then in filvor of emnancipation. I saw The point is taken th;lt bee; use slavery further back than that, thal this question of existed under both the Old Testallent dispenslavery vas rnot only going to make troublle. sation and in. the Gospltl times, it must be but unless we were very carenuI, would bring reconnized as a divine iiistitutuon. But I mty ruin. Upon its very verge we are now top-!ay to this statenuent, as tile Sa;vioir did to pling. that of the Jews in rgard to wxvitilgs of diAt the election of 1861, the people of my vorceiient, by xwhich men put aw;ay tlheir county sgain honor d tne as one of her dele- wives for small causes: " Mloss, becniuse of gatfs. I. repeated what I had dore in 1858. the harlduness of your hParts, s'/,ffered thlse kt that time ware also unsuccessful, The thin!gs, but from the beginninz or: Ihe world bill came from the Senite chamber, and al- it was notso." (Gen. 1: 26-28.) though our committee in the House took a The system of service whaich existed under long time to consider it, which: was no fault the patriarchs had probably very little in it 724 that is peculiar to African slavery to-day, as If these laws in regard to slavery were genexisting among us. erally acknowledged and obeyed-and we It took deeper root in the Hebrew nation profess to be a Christian nation, governed by after their settlement in Canaan, and we find the laws of God-first the evils of slavery, humane laws enacted for its regulation. In- and then slavery itself, would pass away as deed, so carefully was the person of the slave naturally and healthfully as children cease protected, that personal injury, such as the to be minors. loss of an eye or a tooth, entitled him to In regard to the frequently cited and much freedom. (Exodus 21: 26, 27.) perverted case of Onesimus, who is alleged The New Testament treats slavery as an ex- as a runaway slave returned to his master by isting institution deeply rooted in the law the authority of an apostle-I saty in the first of the Roman government, of which Pales- place there is nothing to prove that Onesimus tine was a. province, as well as in the preju- was a slave. That he was a person held t) dices of the people. Neither Jesus nor His service by Philemon is true, but that would apostles taught rebellion against civil author- be equally true on the supposition that he ity nor resistance to properly enacted laws. was bound to Philemon either by his parents They could not be convicted of treason, or guardian or by himself voluntarily as an neither did they needlessly array prejudice apprentice. against them. Nor was it necessary so to do, in order to Now, can anything else be proved from the wokot h bliinofsaey nteword used to designate his condition, or inchurch, and they did not aim at being nation- ferred from the fact that he ran away? as it al reformers. is as common for apprentices to run away as Had slaveholding been sinful in itself, it for slaves. would have been their duty to insist upon That Paul returned him to his master as a its repudiation as a condition of membership fugitive from justice is as contrary to the facts in the church. But it was not necessarily so: of the case, as it is gratuitously assumed. it became so only through the abuses which Paul could scarcely be considered as doing too naturally sprung from it, the cruel or un- so in violation of the explicit command of just treatment of their servants. Hence, then, God, recorded in Deut. 23, v. 15, 16, which as now, a man might be a slaveholder and yet forbids the return of the fugitive-"-CThou shalt an eminent Christian. Still the relation of not deliver unto his master the servant which master and bondman, between man and man, is escaped from his master unto thee; he shall andin many cases between Christian brothers dwell with thee, even among you, in that was anomalous and contrary to the spirit of place which he shall choose in one of thy the Gospel. We find the enactment of laws gates, where it liketh him best; thou shalt for the government of the church which not oppress him." would lead to its gradual abolishment. Thus The facts of the case would seem to be so far from receiving liberty to break the these: For some reason Onesimus, when bonds and repudiate the authority of their converted, was desirous of returning to his masters-whatever may be said of this as a former master. Whether this arose from the natural and unalienable right-slaves were i suggestion of his own mind, or of the Apos-:equired to obey with alacrity, and with a tle, does not appear; for the expression used sincere desire to do their duty to their by the Apostle on this subject, averrepua, masters as a part of their duty to Christ-be- " whom I have sent again," does not necesing submissive to the Divine will in this as sarily imply that he even proposed it to him, in every other trying situation into which much less commanded it. At all events the they might be brought by the providence of return was voluntary on tile part of OnesiGod. Though a servant yet was he the mus. I reason that Paul sent him with a Lord's freeman. (1 Cor. 7: 22.) letter to Philemon to secure his kindly recepBut what was enjoined as to the masters? tion. Many reasons may have inclined OneThough they were not commanded as an im- simus to return, for it is no uncommon occurmediate and imperative duty to emancipate rence for runaway apprentices and servants their slaves, yet they were enjoined to treat when they have seen and felt the misery of them according to the principles of justice bein&gamong strangers and in want, to wish and equity. " Ye masters do the same thing themselves back at their former homes; or he unto them, forbearing threatening: knowing may have felt, now that he was converted, that your master also is in Heaven; neither that he had wronged his master in some way is there respect of persons with him." " Mas- as the Apostle acknowledges " that in time ters give unto your servants that which is past he was unprofitable," and now he was just and equal." (Col. 4: 1; Eph. 6: 9.) desirous of repairing the wrong. Or he may Now, justice requires that all their rights have had friends or kindred whom he was as men, as husbands and as parents should desirous of seeing again. Any of those is be rewarded. And these rights are not de- sufficient to suppose him desirous of returning termined by the civil laws, but by the laws to his former master, and hence he sought the of God. [kindly interposition of Paul to secure his 725 master's kindly acceptance and treatment of best of their skill and judgment, diligently him. and faithfully, without partiality or prejuIt is further evident that Paul did not send dice, discharge the duties of member of the him back asa slave, but as a Christian brother, Convention to frame a new constitution and to be treated as he would expect to be treated form of government; that they will support himself, when he visited Philemon —"Receive the Constitution of the United States,and will him," says Paul, the aged, the spiritual father be faithful and bear true allegiance to the of both Philemon and Onesinmus, "not now as State of Maryland and the Government of the a servant, but above a servant; a brother be- United States, any law or ordinance of any loved, specially to me, but how much more State to the contrary notwithstanding; that unto thee, both in the flesh and in the Lord. they have never either directly or indirectly, If thou count me therefore as a partner, receive by word, act or deed, given any aid, comfort him as myself." He says he has some right or encouragement to those in rebellion against to make the request, for Philemon was under the Government of the United States." strong obligations to him. I might say unto Mr. BERRY, of Prince George's. Does the thee, " thou owest unto me even thine own gentleman refer to me? self besides." Mr. BERRY, of Baltimore county. I refer Thus, Mr. President, we see that the boasted to the refusal on the part of gentlemen to vote biblical argument for slavery and for the ren- for that resolution; and I say that after ninety dition of fugitives when examined melts years' knocking we will hold it up against away, and the most which can be positively you, and as you look you will see written on proved from it, is that if fugitives wish to re- the walls,'IENs, MIENE, TEKiEL, UPHARSIN. turn to their masters, we may aid them, and You will not get a dollar. it is the duty of Christian masters to receive Mr. BERRY, of Prince George's. I was not them kindly. present when that vote was taken. I propose, Mr. President, in the few min- Mr. BERRY, of Baltimore county. Then it utes left me, to take up some of the points does not apply to you. I refer to gentlemen advanced by my friends from Prince George's who voted. generally, minus one; because I believe they Mr. CLARKE. I should not haveinterrupted have all but one spoken upon this question. the gentleman from Baltimore county but for One of' my friends (Mr. Clarke) was opposed his reading the oath which we had taken, and to emancipation, and opposed to State com- his intimation that this vote was a violation pensation. He and I agree upon that last of that oath. I state this personally here, point, for I am opposed to State compensation. that I have the highest regard for the obligahle is in faver of government compensation tion of an oath; and property or threats or according to the valuation of 1862. anything else will never force me to violate Mr. CLARKE. According to the census of what I regard as the obligation of that oath. 1860. I quietly desired the Convention to excuse me Mr. BERRY, of Baltimore county. I shall from voting; not at all because I regarded a be thankful to the government for the smallest vote in the negative as a violation of that favors. But I tell the gentleman here now, oath, but to prevent gentlemen from using it that he and my friend and namesake (Llr. just as the gentleman from Baltimore county Berry, of Prince George's)-for I presume I has now attempted to do. And, sir, in a was named after him-may knock at the proper case, if any other resolutions of this treasury door for more than the ninety years sort are offered, I shall refuse to vote, whether which he expects and hopes to live; and he this house attempts to make me or not. They may then leave his claim as a legacy to his can expel me if they choose because I refuse children to knock a thousand years more, and to vote in a proper case. But I will do myquadruple that. He will ask in vain, for the self the justice to read the remarks I made on record of Debates, page 82, will show whether that occasion in explanation of my vote: he is worthy to receive compensation for his [Air. C. read from the Journal of Debates, slaves. This resolution was offered: page 82.] " Resolved, That this Convention tenders I go further now and say that the " Amerithe thanks of the State to the soldiers of Ma- can " did not deny the charge; and I have seen ryland in the army of General Grant, for the no denial of it to this day. I should not gallant manner in which they have behaved have interrupted the gentleman if he had not during the recent battles, and that this Con- read the oath I took here in the executive vention expresses its deep sympathy with the chamber, and which, so help me God, I will families of the slain, and for the wounded in stand by and maintain so long as any man their sufferings." will; which 1 considered a personal reflection Against which all the members present from upon me. Prince George's voted. The PREasnDENT. The Chair did not so reChristianity, religion, oh I where is thy gard it, or he would have called the gentleblush? Gentlemen refused to vote for a reso- man from Baltimore county to order. lution of that kind. when in order to gain their Mr. CLARKE. I think it is due now that I seats here they swear that they will "to the should state what the President would not 726 permit nme to say at that time in response to which may grow out of this remark. I say the gentleman-l's question, that the "Ameri- this: that if the South, or the so-called Southcan" stated that the soldiers themselves, wlhen ern Confederacy, will lay down their arms they arrived, were very much surprised to and return to their allegiance, I will receive find their good names attertmpted to be taken them with open arms. I will grapple them firom thlle by this a.inonymous correspondent. as with hooks of steel, and draw them to me. But there was no denial by the editor, or by This doctrine about ke ping up this war the persons tlleimselves. I did not suppose, until every vestige of slavery is driven out, upon a quest.ion of this sort, where the ques- finds no lodgment in my heart. ltf they will tion of' the bravery of the Maryland troops return and come back as they originally were, was involved, it vass necessary to vote against I wxill receive them with open arms, and hail the opinion of a olficelr, stated bhy this paper the day of their coming. to be anof o of.Al.jor General Sedgwick's Mr. Bmrtiy, of Prince Georgfe's. On the Staff, ill the absence of' any other information, former guaranty? in order to obtain compensation for our slaves. Mr. BlItitY, of Baltimore county. Under I hope such a consideration will have no effect the guaranties of the Constitution. On that upon mie, onte waIy or the other, in the dis- I stand. Whether it be. changed or broken charge of nmy public duties. on the part of the South or not, 1 stand on Mr. ft-ARtwooo. I do not mean to let the the Coustitution. gentleman fromu Bltimore county construe I have another thing to say in regard to my oatlh f r Iie. I shalll takO the responsi- this question of slavery. The car of empire bility of themn. As to obtaining compensa- is rolling on. If' slavery comes beneath it, tion, I would not vote for that resolution or slavery will be crushed by its ponderous for one like it for any amoney. weight. If the Soulhern Confederacy puts Mr BlJli.v~, of l'riace George's. Will the slavery in front to retard the advancelent'of gentlelman frolm Baltimore county allow me this car of empire, which, since 1861, has one woird? comrnmenced to roll on, slavery must either Mr. Byliiry, of Baltimore county. My time get out of the way or go under. The platis out inow. forim of the Union party, whlich was adopted tMr. BreI[ay, of Prince G orge's. Then I a few days ago in Baltimore city, does not will move to extend it. I want to say, as one say what has been said upoii this floor. It referred to, thwat I was not here on the occa- say s sion of thatt vote. I am one who never shrinks "Resolved, That we approve of the deterfloti ally responsibility placed upon me; and mination of the governlmenilt of the United I will s;ay to the gentlemlan that had I been States niot to compromise with rebels or to here I shlould htave refused to vote for that offer anly terms of peace, except such as may resolution; and thlle 1otuse might have taken be based upon an unconditional surrender of what action ley p)leatsed. I would have done their hostility and a return, to their just nlleit. on these grounds-that we were sent here to I giiance to the Constitution and laws of the firame in0 oSruic It wv, and I do not think it United states, and that we call unton the govcaine withiii the purview o' our duties here to erinrent to maintain this positioni, antd to vote on suchi rtesolutioLos. I respect, andshall prosecute the war with the utmiost possible matintain atl way's, and no man shall go beyond rigor to the complete suppression of the reme inl carri ing out the oath which I assumed bellion, in the full reliance upon the self-sacwhel I took my siat here, because I hold it rificing patriotism and heroic valor tand the sacred. I shall alays atbide by it. undying devotion of the Aniericani people to Thie motion to extend the time, without their country and its free institutions."' lintit, vws agreed to, When they return to their true allegiance, N1r. liBaty, ot' 1Baltimore county, resulmed: I am realdy to receive them. Then when we Gentlernen feel that tlley are meant, and they shall have obtained a sufficient mlujority in may constlrue it. as applicable to their indi- the Congress of the United Ssates to alter and vidt;al cases, and fieel the point. If they aitmetld the Constitution, and blot out slavery will e.nter their disclaimers ninety years hence, throughout the length and breadih of the as they lihave done inow, on this particulIar land, when that majoiity shall so determine, question, it will be for the people who have I will say, So mote it be.'lhat is the way I chlarge of' the trea:sury then to decide it. I want it done. I do not wish it to be done by do not mtean to impugn improperly the tno- lltight, unless it sta.nds in the way of right. tives of gentlemen, Al t any rate it has given I want it done according to the instrument theii a further cllhance to explain their votes. which I hold is the paramount law of the Tl'e gentleilnla frolm Prince George's ( Alr. land. Clrl'k(e) say's thallt the Union party will not be There/is another matter which I cannot let satisfied until we hIave their life's blood. go by.'The gentleman from lBaltitmore city (Mr. CI(Litrcet, shook his head.) (MAr. Cushing) in his speech a few days ago, Air. Bl,:utiY proceeded: I have got it down said: When the slave Burns wais arrested in so. I am1 one of those wt o differ somlexwhat Massachusetts, guarded as he was by some from some on my own side, on the question 1,500 soldiers, were returning him where in' he eye of the law he properly belonged, that equal to that in which this Federal Constituhad he been a citizen of M.assachusetfs, he tion has been in existence, those numbers will would have resisted the soldiery, if his life increase to more than 2,000,000 within Virhad paid the forfeit. I-lad I been by the rnan, ginia; when our sister States are closing their were he my own brother, who raised his arm doors upon our blacks for sale, and waen our to resist tlie pcrformance of the duty vwhich whites are moving westwardly in greater numwas enjoined and devolved upon those 1,500 hers than we like to hear qf. When this, the soldiers by a manda:te of the President of the fairest lind on all this continent, for soil and United States, cartrying out the law of the clinmate, and situation combined, might beland, I would have struck him down. I come a sort of garden spot., if it were worked would be consistent; for the very thing I by the hands of white men alone.. Can we, as a member of the Union party am con- oug/ht we, to sit quietly down, fold our arrns, demning,: is rebellion against the laws of and say to each other,' Well, well; this the land, for which I am ready to: strike thing will not come to the worst in our day. down every man who does rebel against the We will leave it to our children and our government of the United States. So I would grand-children, and great grand-children, to have struck hirm down, if hle had been my take care of themselves —rild to brave the brother, and had attempted to impede the storm?' Is this to act like wise men 9 Heaven law in its just and proper course. knows! we are no fanatics- we detest the The people of Prinme George's look upon madness which actuated the Antis des NJoirs. the attempt to take away our slave property But something ought to be done. hleans as an outr'ate. I desire to r-ad a short lesson sure, but gradual, systematic, but discrete, to my friends. Thus far I believe I have not ought to be; dopted, for reducing the mass of quoted any autliorities. I will now read this evil, which is pressing upon the Southl, and from Nile's Reogister, January 14, 1832, vol. will still more press upon her, the longer it 41, page 869, taken from the'Richmond En- is put off. We ought not to slhut ourl eyes, quirer: nor avert our faces. And though we speak'"The two great subjects before the corn- almost without a hope, that the Committee mittees are those whichl relate to the colored or the Legislature will do anythinrg, at the population of the State, and to its internal present session. to meet this question, yet we improvements. Upon neither of these is the say now in the utmost sincerity of our hearts, committee yet prepared to report. that our wisest men cannot give too much of''It is probable, firom what we hear, that their attention to this subject-nor can they the Committee on the Colored Population give it too soon." will report some plan for getting rid of the One word more, and I will close. My free people of color But is thiis all that can friends on the opposite side have harped on be done? Are we forever to suffer the great- te expression "suake away" their slaves. est evil -which can scourge our land, not only The people of Prince Geolge's look upon the to remain, bult to increase in its dimensions?'We may shit oul eyes and aveit our faces, if attempt to ge. e away'' their Slave pipert by sas an outrage. We have met here, sent by we please,' (writes an eloquent South Caro- the people, to frame a new Constitution to linian, on his return firom the North a fev govern this State; not to ntake it: we do not weeks ago,)' but there it is, the dark and make the Conslitution, bu tiatie it, -iid regrowing evil, at our doors; and meet the port it to the people, ard' lieu tie lreolle act question we niust, at no distant day. God upon it favorably, it is they who tiimake the only knows w hat it is the part of wise men Constitution and not we. Itf the peolple, wiho to do on that molentous anld appalling sub- lhave given us the right to hold slives, and ject. Of this I ain very sure, that the differ- who have toleated this institioti so long ence-notilitng short of fiightful-between all vithin the bordets and colfihes of tls Sttte that exists on one side. of the Petoniac, and choose to say that it shall exist ino longer, it all on tile other, is owing to that cause alone. is for the people to say so, altd not for this The disease is deep-seated —it is at the hetirt's onvention core-it is Consui,,ing, and has all along been consuming our vitals, and I would laugh, if Mr. President, I thank the Convention for I coeuld laugh, on such a subject, at the ignor- their patience-aid greit ollttesy in granting ance and folly of' thle politician, who ascribes me an unlimited extension of titite. that to an act of' the government which is Mr. CLARIKE. I desire to say one word in the inevitable effect of the eternal lawts of personal explanation, to accotipanty tlie ienature. Whitt is to be done. Oh! mty God- marks of the gentleman fromi Baltimore I don't know, bitt something mustbe done.' county (Mr. Berry.) Thl'lle gentlemran re" Yes-sonmething must be done-and it is marks that in the remarks I made tile otiler the part of no honlest man to deny it-of no day, -I charged the Union pairty with not free press to affect to conceal it. When this being satisfiedl until they had tile bilood of dark population is growing upon us; when the opposition. I will simply re-ad ftron the every new census is but gathering its appall- manuscript from which I then read, to show ing numbers upon us; when within a period what I did say: " Proceed with your work," &c. Reg. of pensate their fellow citizens of the other States Debates, page 663. for all property lost by reason of the nonMr. RIDGELY suggested that as this had observance by their citizens of the Constitualready once appeared in the debates it should tion and laws of the Federal Government. not be repeated, and W' hilst Maryland would have the right The PRESIDENT accordingly instructed the thus to appeal to her Northern sisters, she reporter to simply refer to it. would have the right to speak still more poMr. HARWOOD, I wish to say by way of tentially to her sister States of the Southpersonal explanation, that the gentleman she should say to them, that they should refrom Baltimore city (MIr. Stockbridge) is member that Maryland stands between them right in saying that I united with several and danger; that they should not, without gentlemen in a memorial to Governor Hicks; consultation with Maryland and the other and that it may be seen whether he is right slave States who have heretofore stood the in saying that I signed it as a Southern rights brunt of Northern aggression, precipitate a man, I will read that memorial. I will say, dissolution of the Union-that they should however, for myself, that when I signed it I remember that the secession from the Union did apprehend and fear an aggression on of the extreme Southern States would place Southern rights; and I to-day realize my the border slave States in the unenviable atfears of Massachusetts aggression on Mary- titude of being forced to choose, without land rights. I wish this memorial to go consultation and beyond their control, either upon the record, and therefore I will read it: to remain in political affinity with the nonTo His Excellency, Thomas H. Ricks, Coy- slaveholding States, without the protection' Co Hofs Excelrlncy, Thomas [. 1licks, Gov-which their association with the whole South "Teror of undersigned, citizenaryland,: affords to all, or to follow in their steps and "The undersigned, citizens of Maryland, break up the Government of the United would respectfully suggest to your Excel- States. lency, that the Legislature of the State should'The people of Maryland would have the be forthwith comivened, to consider of the right to demand of her Southern sisters that present momentous crisis in the affairs of our they should pause in their proposed action country and to provide, if practicable, some until, by a convention of all the States, or remedy for the threatened danger. Already otherwise, it can be ascertained: South Carolina may be considered to have "1st. Whether all the States will gu iransevered the ties which bound her to the Fed- tee to each protection from future sectional eral Union, and other Slates are manifestly agitation. preparing to follow the lead of South Caro- "2d. The absolute and efficient protection lina, so that, without some restraining cause, of the peculiar property of the South, and all the Government framed by the wisdom of the rights in reference thereto guarantied by our fathers, and to which we of Maryland the Constitution of the United States. have been taught to look as the palladium of " It must be apparent to your Excellency our own and the hope of liberty to the world, that whilst the Legislature of Virginia, and will have been destroyed before the regular most of the other States are about to assemsession of the Legislature, and consequently ble, that it is not only the right, but tile duty before Maryland can speak by her constituted of Maryland, to speak by her constituted auauthorities upon a subject so vital to her and thorities in this calamitous position of our to her people. common country; and, in the opinion of the "We think that Maryland, by her geo- undersigned, it would be derogatory to the graphical position, and by her friendly rela- honor of our State, if sheshould alone permit tions with all her sister States, has, above all this momentous question to be decided, withothers at this time the right to speak. She out her voice being heard, and without an has the right to say to her Northern sisters- effort on her part to avert the impending we are uporl your border; and notwithstand- danger. ing your non-observance of the guarantees of "' We therefore, most respectfully, but urthe Constitution, and the consequent loss of gently press upon your Excellency the proproperty by us, we have been faithful to the priety, and, as we think, the necessity of Constitution. We could say to them that we calling forthwith a special session of the fully appreciate the blessings which have Legislature. flowed fiom the establishment of the Union, and that we understand the evils which (Signed,) "THOMAS G. PRATT, would follow its dissolution. We have the "SPRIGG HARWOOD, right to demand of them that they will each, " J. S. FRANKLIN, at once, proclaim their intention forever'N. H. GREEN, hereafter to abide by the Constitution;. that " LEWELLYN BOYLE, they will say to their Southern brethren that "J. PINKNEY." hereafter they will punish their own citizens for any violation of the constitutional com- Mr. STOCKsBRIDGE. I thank the gentleman pact by them; that they will hereafter cor- from Anne Arundel (Mr. Harwood) for pro 729' ducing the dofument, which T had not time MI. STOCKBRIDGE. Not at all. I stated the to d,, fir it fully sulbst;tntiates my posi, ion. principal facts of the case and quoted simply Mr CHAMBERS It seems to he my misfor- the words of the Apostle, to receive him, tune to Ite thrown upon the last hours of a 11not now as a se:rvant, but above a servant, distunssion. I propose to make the best use a brotherbeloved." Inever had theslikhtest poss ble of the linle left for me; and lest I idea that Onesimus was literally a brother; shoulld not he adle to get through, I will state and the gentleman entirely misunderstood to the Conventiun what it is my purpose to me. acct(1)lllish. ~ Mr. CHAMBERS. One thing the gentleman I shall endeavor to satisfy the Convention did say. But I forbear to pursue that matter, of tllele points: fbr I should certainly be most unwilling to That slavery is neither a sin nor a moral impute ltoanvy gentleman an argument of such offence in the view of the Old Testament, or absurdity. I am always happy to be corthe New, or the Church of God, or the opin- I rected, if I have misunderstood what was ion of saints tind servants of our master. said. The gentleman did say one thing — That it l;ever has been considered in AMary- presume I am right in that-that this idea of land a sin or (rime, except by a few persons justifying slavery by this quotation, was an whose habits and- thoughts and education Americtn idea, never heard of across the have been derived from without the State. waters. I understood the gentleman in so That it exists in Mars land by contract, in many words to say that no writer beyond the every sense of the term; a contract made by water had ever adopted this view. Am I the framers of the Constitution; and espe- wrong in that? cially, as it now exists, a contract among Mr. STOCKBRIDGE. Yes, sir; I think that ourselves. has been argued here; but I did not. argue it. That this contract is protected in express Mr. CHaMBEras. I hold in my hand the terms by the Constitution of the United second edition of a book published in LiverStates. pool by a learned divine, Rev. R. Harris, in That therefore this body has no right to the year 1788; in which he goes far beyond manumit in ihe mode now proposed. any proposition that has been entertained That if they did possess this right, it here. He goes to the whole extent of saying, would not be expedient to exercise it. not only.that slavery in the times of the Old That the measure, thus inexpedient, is not Testament history was actually ordered by justified by any necessity of the country, not the Deity, but that it was enjoined since the being, in itself at all calculated to aid in Christian dispensation by the Apostles. I crushing the rebe'lion; which is the great rather think that the converse of the propoargument of the advocates of this measure. si.tion is true; that until this system of aboI.onfess to the most periect surprise at the litionism originated, which is of comparamanner in u hich this subject is debated here. tively late origin, within less than half a I have hleard the strangest exposition of Bible century, it was not in the power of any gentexts that I ever heard in my life except on tleman, whatever might be his industry, to one occa-ion. I was once travelling on a car find an intelligent divine who maintained in the North with a number of gentlemen, that by the Gospel, slavery was a sin and an among whom was a preacher-of what de- immorality. I have not seen such an aunomination I did not learn-who was a very thority. While denunciation, harsh terms and ardent abolitionist; and then I did hear the crimination, in the most offensive words, opinion advanced which was advanced by the such as belong to none but the vilest criminal, gentleman from Baltimore (Mr. Stockbridge) have been heaped day after day upon slavery, last night, who thought that Onesimurs was gentlemen have forgotten that the memory of a brother either of St. Paul or Philemon. their ancestors, their fathers and grandfathers, His idea was that he was a brother of Paul's, is involved; that they were participants in because St. Paul said he NWas no longer a this great sin and immorality, this worst of servant but a brother beloved. I thought all evils. that was a remarkable ida, never having I maintain that before the first book of the seen it before; and I'could only renmark that Old Testament was written slavery existed. St. Paul must have had most fruitful parents, It existed in the time of the patriarchs before -the most fruitful known on the face of the Moses had a being. I maintain that it exisearth; for he addressed the Romans, Corin- ted during the Mosaic dispensation. I mainthi;lns, Galatians, Ephesians, and all the va- tain that it existed at the time when our Sariois people to whom lie wrote his epistles, by viour came on earth; that it existed when the same title. the apostles addressed their epistles to the vaMr. STOCKBRIDGE. Did you understand me rious churches; that it has existed from that to take that position? time to the present; and that until lately Mr. CHAMBERS. Certainly I did, it never was'impeached as an institution or'Mr. STOCKBRIDGE. That Onresimnus was a frowned upon in any form by the Gospel of brother of' St. Paul? Christ. In page 32 of this book, referring to Mr. CHAMBERS. Yes, sir. Exod, chap. 21: v. 1, 4: 47 i'These are the judgmefits, says God to the Saviour and:iApostles upon theisubject, Moses, which thou shalt set before them. If because they did not design to interfere with thou buy- au Hebrew servant, six years he shall the civil rights of any class ofpersons,; that ser.ve, and in the seventh he shall go out free they have maiitained silence upon the subfobr nothing. If he came in by himself, be ject. In the epistle-to Timothy we havepos-: shall go out by himself; if he were married, itive injunctions. Rules and laws for the gorthen his wife shall go out with him. If his ern-ment of Christian persons'are ptescribed; master has given him a wife and she have and amongst them [not silently:passing over] borne him sons and da.ughters, the wife and this question-relation of master and slave. her children shall be her masters, tnd hlie St. Paul has taken special care to direct wrhat shall go out by himself." are the duties of master and slave, their ooIt is a part of history that while the Hebrew ligations, and what the Christian system reservants became free in the year of jubilee, quires at their ha-nds. He says: others remained in bondage forever. And q" Let as many servants as are under the the Hebrew servant also had the privilege of yoke, count their own masters as worthy of remaining with his master and becoming a all honor, that the name of God and his servant iorever. We turn to Leviticus- for doctrine be not blasphemed. the law relating to the year of jubilee. "And they that have believing masters, let The following plain and explicit words them not despise them, because they are of one of the laws respecting that trade and brethren: but rather do them service, because registered in this book, can admit of no other they are faithful and beloved, partakers of the construction: benefit. These things teach and exhort. ".Both thy bondmen and bondmaids, says!t if any man teach otherwise, and consentt the supreme Lawgiver, which thou shalt not to wbhoesome words, even the words ot have, shall be of the heathen that are around our Lord Jesus Christ, and to the doctrine about you; of' them shall ye buy bondmen which is according to godliness, and bondmaids. Moreover, of the children "He is proud, knowing nothing, but of the strangers that do sojourn among you i doubting about questions and trifles of words, of them shall ye buy, and of their families whereof cometh envy, strife, railings, evil that are with you, which they i.egat in your surmisings, &c.' That these so called serland; and they shall be your possession. vants were slaves is not denied and cannot be And ye shall take them as an inheritance for denied. your children after you to inherit them for iSt. Paul, instead of saying that the master a possession; they shall be your bondmen was committinlg sin, living in the daily and forever." (Lev. 25: 44, 463.) hourly exercise of immorality, counted him No such thing as slavery? The gentleman worthy of all honor, to be respected.; and from Talbot (Mr. Valliant) deliberately put if any man should teach otherwise, he puts on paper and deliberately read it as that it censure upon him. It is a class of people was nothing more than that Abraham was at that have been very numerous since those the head of a clan, that these people were his days. The Helpers will be found there; the subjects like other princes, and strange as Livermores will be found there; for they was the illustration, the princes named by i teach a very different doctrine. The abolihim were Buonaparte, Queen Victoria, and litionists throughout the country, in. this age, Abrahanm Lincoln. teach them to disobey their masters, and deIn.Exodus we.find a description of w-hat we sert their masters, and cutthe throats of their may understand by a slave, that he is prop- masters. And the production of these auerty. The expression is that he is "'money." thorities here has elicited-[clapping his v' And if a man smite his servant, or his hands]-what I never desired to see in' a remaidl, with a rod, and he die under his hand; I spectable body like this, marks of gratificahe shall be surely punished. i.tion such as would be exhibited in a play"Notwithstanding, if hecontinue a day or house. two, he shall not be punished: for he is his This book was written in 1787, in Eugland. money.' (Ex. 20: 20, 21.).It was not written for the present or any If a- man cannot claim that as prop- similar occasion, as my friend tells us that erly which he considers as his' money, I am lsome of these books, about Jamaica and othat a loss to know what definition can be giv- ers, were. le was a learned divine speaking en to property. If a man takes from me to the church. Here is what he says of the that which is my money, the:fact is as self | epistle ot' St. Paul to Philemon: evident as the truth of the proposition inEu- "Philemon, to whom St. Paul addresses did that things which are equal to the same'this affectionate epistle was a rich Colossian, thing are equal to each other, that he takes -and a Christian of distinguished merit. The from me my property.'I think it would be. character given of him in the first.part of this very difficult for any man to sustain the idea:epistle, represents'him as one of the most that slaves are not property but are money. zealous and fervent Christians -of his time. Now I will.turn to the New. Testament His assiduity in promoting theo:interest of We are told that there is. only a' reseive by. ichristianity in quality of tellow laborer with '731 St. Paul, his love and faith towards the Lord or the gospel must perish, let the gospel go Jesus, and his generous, unbounded charity by the board;" a sentiment which my friends towards all thesaints, or his fellow Christians know as well as I do has been expressed by whom he relieved and comforted on all occa- those who now construe these passages in this sions, gained him the confidence, esteem and way, by such men as Wendell Phillips, Garaffection of the Apostle and of the whole rison and others of their persuasion. When church at large. we see these men picking out and perverting " This primitive and exemp'ary Chris'ian isolated texts of the Bible to answer a partichad in his service one Onesimals, a slave." ular purpose, in opposition to all precept and Now, sir, no translator of the Bible, no practice, from the days of the patriarchs down divine of any description, no church of any to the inception of this mischievous doctrine, it description, everdoubted or denied that Ones- so palpably deprives them of all respect that imus was a slave to Philemon until abolition- I need not further pursue this point. This ists started this idea. The statement here is book refers to various other texts of Scripthe history which the church have always ture; but I will not go over more of them. received as authentic, I hold another book in my hand. Gentle"This primitive and exemplary Christian men may well say they have never read Bishhad in his service one Onesimus, a slave, who op Hopkins's "View of Slavery." I tell them, as it is very strongly intimated by St. Paul, notwithstanding any vituperation which this having defrauded his master of some part of book or its author may receive at their hands, his property, and knowing the influence the. whatever offensive terms they may apply to Apostle had over him, eloped from his master'. either, no man has ventured to reply to it, house, went to Rome whereSt. Paul was thJn and I venture to make the further assertion in prison, wvs converted by hirn, and received with regard to it, that no man ever will make into the communion of the Christian church a satisfactory reply to it. This book was writand having by his good services and conduct, ten in consequence of an attack upon him for gainled the apostles fiavor he seems to have having republished his views upon the subject prevailed on him to write to his master Phil- of slavery, written years ago, agreeing with emon in his behalf. those universally a. cepted from the commence-' The letter, of which Onesimnus himself ap- ment of the Christian era down to a late peripears to have been the bearer, is a master- od in the history of the church of God. The piece of eloquence, some of the finest compo- opinions of some of the ancient patriarchs sitions extant in the epist:lary kind. Noth- who have been canonize] and held in veneing can be more tender, more pressing, more ration, and whose opinions have never been animated and persuasive: entreaties and au- questioned until it became a political matter, thority, praises and recommendations, reli- are here shown upon thequestion of slavery, gious motives and motives of personal grati- as well as upon the meaning oftexts of the tule and integrity, are most inimitably well Bible; Augustine, who was one of the fathers tempered and alloyed together. In short, of the church while the church was a unit, and almost every word of' this concise epistle con- other bishops, and most learned divines of intains some argument or reason to effect a ferior grades. Here also we find the testireconciliation between Philemon and Onesi- mony of Tertullian, who lived at a still earlimuns, and to obtain from the master the read- er period. And Philo, who lived in the first mission ot his fugitive slave into his house century, who says: and service." IThere is one kind cf slavery of the mind, How different this from what we have and another of the body. Men are the masters heard here said I How widbly different the over the bodies and the appetites, and vices abolition translations to which we have been over the minds." referred II" The divine law accommodates the rules Now, sir, these abolition translations are of right, not to fortune but to nature. Theremade by men who have taken up the Bible fore masters ought not to abuse their power for a purpose, and against them I place the over their domestic servants, but should beopinions of men who have spent their lives in ware of insolence, contempt, and cruelty. its study, men who have had no other pur- For these are not the signs of a serene mind, suit, men who never mixed politics and reli- but of tyrannical weakness; exercising arbigion together, men who never prea bed' poli- trary licentiousness instead of judgment."' tics and religion from the same desk, men l'ertullian, Jerome, Auaustine, and other who have devoted themselves exclusively and early patriarchs o' the church teach.the same entirely to the work of studying the meaning doctrine of the power of the master over the of the Scriptures, and of enliohtening and slave, and instruct themaster how to use this instructing others therefrom. And the inter- power. Councils in their edicts to thechurch pretation which they give is the'same in all proclaim the same thing. It is not in my time, from the earlir st period down to the com- power to read it in the time allowed me. It mencemmnt of this abolition feeling, of this is all given inthis book; and I charge any abolition translation of the Gospel, of this man who satisfies himself with a general deabolition sentiment which says "if slavery nunciation of the author of this book, with '732 perfect ignorance of what he does. I know subject, or their application. He gives a cor. it is perfect ignorance of what the author-is. rect note:on the text, Deuteronomy 23: 15, If Bishop Hopkins, with his venerable locks, " Thou -shalt not deliver unto his master the after a walk through along and active lifi, servant which is escaped from his roaster unundisturbed by the whisper of slander from to thee." Doctor Clarke says: his cradle to his present extended old age,' That is, a servant who left an idolawere to make his appearance in this hall, trous master, that he might join himself to there is not a heart so nearly kindred to stone, God and to his people. In any other case it that it would dare to look at the man and would have been injustice to have harbored doubt his integrity or his piety. And of his the runaway." book I would say, there is not a man here of That is Doctor Clarke's language. Here so little intellect, in my judgment, that he is another passage from the language of Doccango through it, not with a view to refute tor Clarke: what Bishop Hopkins says, but to consider'The man who, being a slave, is converted calmly what Bishop Hopkins proves from to the Christian faith, is the Lord'3 freeman authorities never doubted or denied, and not his condition as a slave does not vitiate any feel ashamed of denouncing slaveholders as of the privileges to which he is entitled as a impious men, and the system of slavery Christian; on the other hand, all freemen who as a'covenant with death and an agree- receive the grace of Christ, must consider ment with hell," as it has been pronounced I themselves the slaves of the Lord, that is, his believe upon this floor, or if using such lan- real property, to be employed and disposed g uage and making stich demonstrations as of according to his godly wisdom, who, would be more proper for a mob out of doors notwithstanding their state of subjection, will than for members of this body, such clapping find the service of their master to be perfect of hands as suited a theatre better than a freedom." deliberalive body. I now turn to the comprehensive conmmenIThe PRESIDENT. It is not in order for the tary, which professes to contain nearly all gentleman to characterize the remarks of that is valuable in Henry, Scott, arnd Doddmembers. ridge, whom my Presbyterian friends will reMr. CHAMBERS. I merely say that the cognize as at the head of their church This language and applause was not proper for book says: this place. The Israelites " might purchase bondmen The PRESIDENT. The Chair has always of the heathen nations round about them, exerted his power to restrain it. (except of the seven nations to be destroyed, ) Mr. ABBOTT. I have been here all the time, and might claim a dominion over them, and and I have never heard such language and entail them on their families, as an inheriapplause here as is referred to. tance, for the year of jubilee should give no IMVr. CHAMBERS. The gentleman has not discharge to them.." heard it? Does the gentleman rise here and When the assertion was made that all the say that? slaves were freed by the year of jubilee, I The PRESIDENT. When there have been contradictedit. I said that the Hebrew slaves demonstrations of applause in the Conven- went out in the year ofjubilee and no others. tion, the President has taken occasion, at But those that becamesla)es, from the Pagan all times, when in the chair, to restrain those nations, never went out in the year of jubidemonstrations of applause. The gentlemen lee. There is not a word in the Bible to jusfrom Kent (Mr. Chambers) will do the Pres- tify the idea., Dr. Clarke states this same ident the justice to say that he has at all times thing, in so many words, He proceeds interposed to prevent demonstrations of ap- "Thus negroes only are used as slaves, plause, whether upon one side or the other. how much to the credit of Christianity i Mr. CHAMBERS. That is true; and I shall shall not say." be obliged to the President always, if in a He was no friend of slavery. He was not moment of excitement, I use expressions un- viudicating the system of slavery. But he becoming a member of the Convention. was stating what the system of slavery was. ThePRESIDENT. The Chair did not call the Bishop Hopkins quotes still further fromn gentleman to order for using unbecoming the comprehensive commentary, and shows expressions, but for reflecting upon the body. that the Bible does not say that slavery is Mr. CHAMBERS. I am indebted to the Chair, robbery; and I say that the New Testament and will endeavor to profit by it. states the contrary, and that slavery is in acDr. Clarke is one ofthose who has been con- cordance with the injunction of the Apostle; sidered as an exponent of the doctrine of the a system of government not only recognized class of Christians at whose head was John and not censured, but for the proper adminisWesley. Doctor Clarke is one of the most tration of which they have given many and violent enemies of the systern of slavery that repeated rulesarid regulations. The Apostles can be found anywhere, denouncing it on never gave directions to sinners as to the every occasion. Yet Doctor Clarke does not manner in:which they should continue to bat all doubt or deny the gospel texts on the offend-nor would they ever prescribe rules 7,33 for the observance of masters and slaves, ifI subject again to his master. And why? Bemasters had no right to the services of the cause without his authority he dared not reslave, or for the observance of the s'ave if he ceive him. If any man can resist the Bible did not rightfully owe obedience to his mas- evidence of such a case as this, that man's ter-they never teach us how to sin. mind is not open to conviction. The bishop goes on with his authorities Before proceeding further, I wish to allude down to a late period, and gives various in- here to the remarks of gentlemen with referstances of their being held as property, and ence to their own emancipation upon this becoming inheritances to their children. But question; that they have now the privilege of I will not trouble the Convention by reading expressing their sentiments; that they are further. Property, says the gentleman from now upon a platform on which they can stand Baltimore county (Mr. Berry,) is an unre-. and denounce at pleasure all who differ with stricted right of use. In that sense a. man them, and express in full all they think and cannot own his own house, because he cannot feel upon this subject. Where did this talk use that without restriction. He cannot set come from? Was there ever a period in the fire to it, when it will endanger his neighbor. State of Maryland when a free citizen dared It is a restricted use. There is no proposition not say he was opposed to slavery? It is a you can assert, without some modification to gross slander upon the law. Gentlemen do it. Slave service is just as much due as prop- great injustice to the State. There never was erty as any other kind of property. So far a. period, not only when they might not, but as the restriction is concerned, you cannot when there has not been a class of people abuse your horse. If a man ill-treats his among us who did not believe and openly dehorse, he is subject to prosecution. But the clare the system of slavery an evil and a slave is " his money." monstrosity, a system which ought not to be One gentleman says that this article in the tolerated; and that these men can now for the Constitution of the United States means ap- -first time express their views, is a delusion on prentices; that if they ran away, their mas- their part. ters were entitled to their return. I would Mr. SCOTT. I wish to refer my friend to not deny that it included -apprentices; but facts which occurred under his notice and does any man doubt that it meant slaves? It judicial direction. In our county, where that has been the complaint of the abolitionists gentleman was judge of our court — that the Constitution secured the slaves as the The PRESIDENT. The Chair does not reproperty of their masters. What are you!gard this as exactly a proper interruption, going to do now9 To make them no longer unless the gentleman yields the floor. the property of their masters? Property in Mr. CHAMBERS. The Legislature very wiseman? We are told by the gentleman from ly, when we had slaves among us, prohibited Talbot (Mr. Valliant,) and by the reverend excitement to insurrection; and I never heard gentleman from Caroline (Mr. -Todd,) that it the first person, even an abolitionist, say they is wrong to hold property in man, that great did unwisely. It was offensive and criminal. changes have occurred since slavery was al- It was the occasion of incarceration in the penilowed. Sir, the great laws of morals never tentiary to do so; and that law has been enchange. Truth is eternal. The very same -forced. I was not aware that it had been entruth which existed at the day to which refer- forced in my district, but certainly it was in ence has been made, in the first chapter of Baltimore. And for a person of the North Genesis, when God created man-that which who had been sentenced to the penitentiary, was true then, is true now. That which in I have seen in a Boston cemetery, a most principle was moral then,, is moral now. splendid monument erected to his memory. Gentlemen have no ditch to dodge into to This shows the different consideration the hide themselves from it. They have no en-, matter received there and here. Here he was trenchments before them, to protect them, put in the penitentiary; and there he bad a against it. They must meet truth as it al- monument erected to his memory. ways was, morals as they always were, and They tell us, too, that now the people have as they always will continue to be They this liberty as well as themselves. Are genmust receive the account of Onesimus being tlemen aware what category they place themsent back, as it was received by all antiquity, selves in, in assuming this proposition, that by every divine that ever wrote upon the sub- -they are now for the first time able to tell us ject, up to the period when this madness took what they really think? What sort of lanpossession of the brains of abolitionists. If guage did they hold before? Were they inany man can resist the evidence of such a case sincere? We never heard in 1850, when that as that, where a sick apostle, an aged, man, restriction was placed upon the legislation of having a servant in his house, whose services this matter. These gentlemen say it has been he required, and whose services he had a right their opinion; why not announce it? Have to command from his master, his master being they not been in our midst holdingl language under obligation to him, yet would not allow foreign to their real opinions? Have they that servant to remain or to assume any other been deceiving us, cheating'us, defrauding condition than to be sent home to become us? I- cannot think they have. I think bet. 734 ter of these gentlemen than their description I have but one authority to read; but I supof themselves would induce us to think. pose that will be considered as conclusive. It We have heard some queer things. We is a case decided in Georgia many years have heard, what I was most glad to hear, the ago, certainly without any reference to its gentleman from Baltimore county (Mr. Berry) being used for the purpose for which I am condemn, in terms of deserved severity, a now using it: young gentleman, (Mr Cushing,) arise on "But if there be no allowance of time this floor, in the face of this respectable body, within which to enforce existing and vested and tell us-(his ancestor was a citizen of rights, after the passage of the law, the effect Boston, by the way, and I had the pleasure of is completely to destroy the right, as if the being acquainted with him, a most respect- contract were annulled or the judgment renable and modest man) —a gentleman of an age dered void whilst the right to regulate the scarcely of maturity, get up here and pro- remedy in its own courts must be incident to claim and boast of it, that he would have re- each State, who may modify and change it sisted that government, which is " the best as the welfare of society may require, and on the face of the earth." Yes, sir; and that whilst as a consequence of this, a law, sentiment was received with cheers and clap- changing or affecting the remedy only, is not ping of hands; an exhibition which I con- considered as impairing the obligation of the febs was to me most offensive; and that the contract, yet an absolute denial of the remedy, gentleman from Baltimore county (Mr. Berry) amounting to an exemption of any portion or condemned it in terms of severity was to me the property, must necessarily impair the obliby no means surprising. gation of the contract. The distinction has We have had another development. The often been asserted between a law changing best and most respectable men, from Chief or-modifying the remedy only, and a law Justice Taney down, have been treated by which so completely takes away the remedy gentlemen as ignorant of the law, and desti- as to destroy this right. In the great case tute of any claim to our respect for their high of Ogden vs. Sanders, (12 Wheaton, 21.3) moral character or in any one particular. I one of the judges says: think that sometimes freedom of speech is "A law which in any shape exempts any abused. portion of a man's property, must impair the Mir. President, I have said that this Con- obligation of the contract." vention have no riaht to manumrit negroes. I have not time to enlarge upon it. Here The Constitution of the United States in just is the law. The propqrty is liable; it is so many terms — pledged for the payment of the debt, and (The hour having expired, the hammer taking away that property, according to the fell.) court of the United States, is a violation of On motion of Mr. DAvis, of Charles, this constitutional provision. The time was extended half an hour. But even if this body had the power, I hold Mr. CH&MnERS proceeded: The Constitu- that it is not expedient to act in opposition tion of the United States, which is the su- to the sentiments of all those who have gone preme law of the land, and has been recog- before us. All who have been considered nized all over the Union as such, says in so wise and great, those who have been considmany words that no State shall pass any law ered good, who have taken a deep interest in impairing the obligation of contracts. Now, the concerns of their country, all who have I say that this will introduce, in many cases, been entrusted by the people with its legislaa most perfect outrage in this very particular. tion, have concurred in the sentiment that Contracts will be violated in every sense in slavery in this State was the mnost proper conwhich the violation of a contract can be ex- dition for the negro; and I thinle they were pressed. A man has as security for a debt, a justified by the experience everywhere of mortgage, to take the case referred to by my what has been the result of manumission. friend fiom Prince George's (Mr. Clarke,) I had some cases in my own mind, some exand there is no security for the debt in the perience with which to enforce this doctrine; mortgage except negroes. They are emanci- but I am denied by the rules of the House and pated. The contract is that the negroes shall by the unwillingness of gentlemen to make pay the debt. The act of the Legislature de- any change in those rules, the time and opstroys that contract. Again, a man has a portunity to refer to thenm. judgment against his neighbor. That neigh- I say this is ruinous to the masters; and bor has not a dollar of tangible property ex- nobody can doubt that. We are in the concept a negro man or woman. He therefore dition, some of us, of having a large amount levies afieri facias upon that property to se- of money invested in this species of property. cure the payment of that debt. That is the From $40,000 to $100,000 worth of these sercondition of the case when this law intervenes, vants have been owned by individuals. They and says the sheriff shall not pursue his duty are stripped of the whole at one blow, withby selling that property. What is the claim out a dollar of remuneration. I am speaking worth? Not a particle. I will not depend of the proposition as it is now presented, in upon my own views merely upon this point. the absence of any pretence that there will 735 be remuneration. We are told that we are different counties to avoid enlistment, to avoid to be paid in "blood and treasure," the the draft. The able-bodied men are nearly blood shed on the plains of Virginia and else- all gone. What few there are, are no more where, where these great battles have been likely to go, or to be useful should they go. fought, and the carnage that has taken place, But you manumit not only those who are adding inockery to insult. competent to assist the Government as solIt is ruinous, not only to us, as it takes diers, but the feeble, the aged, the incompeaway our property, but ruinous to the slaves tent. the women and children, who can be of themselves. I will not use hard terms, but I no service, and they all flock to the Governwill ask what is to become of them? I have ment and demand support from them. That a house erected for an old faithful servant. is the experience of those who have already I have women and children, as much re- gone off, and why should it not be the expequiring constant outlay and expense to sustain rience of those yet to go off? The same mothem, as it does to sustain myself. flow are tive operates on them, and why should not they to be sustained? Am I not only to be their conduct be the same? You then indeprived of my property of value, but am I crease the expenditures of the Governmentto be further charged with this other proper- God knows they are large enough now. ty of no value, and must I daily, hourly, There is no necessity, and you certainly do incur further expense for them? Is there jus- not benefit them. But you require a much tice-is there honesty in this? Is it fair deal- larger outlay of money, a much larger issue ing, which any man, in his privatecharacter, of paper, now depreciated, I think, to somewould venture to engage in, and subject him- thing like two hundred for one hundred in self to the imputations of want of integrity gold. You cannot certainly benefit the Govwfhich would be heaped upon him if he did ernment by a process which creates a very engage in it? heavy burden and adds nothing to its miliI am unwilling to enlarge upon this topic, tary force. fruitful as it is of remark. I repeat that it is In no sense can I conceive how this act can more ruinous to the slave even than to the be justified upon the necessity of aiding the master. I have known large families, con- Government to crush the rebellion. Yet I sisting of thirty or forty negroes, to be manu- have heard no other reason assigned, no other mitted at a blow, in a court of justice. In a argument urged for the passage of this very very few years, I have seen the last remaining iniquitous artiele proposed to be inserted in member of that concern, the rest being either the bill of rights. dead on the dunghill or confined in the peni- Sir, I say again, that I believe these people tentiary for crime. They are degraded in will follow the fate of the Indians. Two point of intellect; they are ininformed as to such different races cannot mingle as equals. the means of self-protection, and incapable-of Experience has taught that all over the world, making provision for the future. They are and has never failed to teach us here. It has turned loose without means even of present been perfectly understood by the best and subsistence; and for no purpose on earth, and wisest men of our country, and I think all without any honest expectation on the partof future experience will further confirm and those who are to turn them loose, that any fortify it. other consequence will follow than further As to all these appeals to popular feeling degradation, the perpetration of further crime which have been made in reference to this arand every sort of vice. The necessary con- gument, of the bad character of theinsurgent sequence will be the same fate that has awaited traitors-I do not mean to make any- excuse the red man upon our border, final extirpa- for these men-I can only say, as I said early tion as a nuisance intolerable in any commu- in the session, that I think this is neither the nity of which white men are members. time nor the place, either for making any apI say that no good reason has been given peal in favor of the Government on the one for it. It is a stretch of power, and a flagrant hand, or in denunciation of the rebellious violation of the provisions of the Constitu- portion of the Union on the other. We came tion. It is a measure of injustice and injury here to make a law, a constitution, to create to the slaves. The only excuse given is the a government. I think our great duty is to condition of the country and the suppression make the Government, meaning thereby a of the rebellion. I deny that there is any system which shall protect us by preserving, foundation for an argument upon that subject. and not by destroying our property; by seIf the government of the United States wants curing and not by defeating or violating our them, they are more ilikely to get them now personal liberty; by securing to us all the than if you manunmit the few remaining able legitimate objects for which governments are men in slavery. Their masters now have no instituted. I submit to my friends whether motive to do anything else with them than to they think they are acting in the course of put them into the army. Only yesterday I was their appropriate duty when they are passing told by a gentleman who came from the Dis ftheir hime in commendation of General Grant trict of Columbia, that there are thousands or anybody else, or in any other way, to the of negroes there, who are fugitives from the neglect of the duty which is demanded of them, to make a government for the State What is the institution of slavery, as it of;:Maryland, which shall protect our. prop- bears-upon the question of morals? It occupies erty, and' protect us in our: persons, and the same.position as every other institution. It in all the rights which we claim under the takes its position in, every age of.the world, acGovernment. I ask whether, on reflection, cording to the circumstances that surround it they think their time is well employed in this in that: age of the world. Does any man preexhibition of patriotism, rather than in the tend to say that any great ruler or moral legitimate execution of the duties which the teacher ever undertook to establish the.prinpeople demand at.their hands; whether, and ciple that the effect of despotic rule over the especially I ask it, when sent here to frame a population subjected to it, is contrary to the government for the security of our property, moral law? Yet there is not now a single they can feel justified in taking it from us.. citizen here or elsewhere under our form of "I -thank the portion of the Convention government who does. not believe that such which-has been so indulgent as' to allow me despotic forms of government are in their nathuis much time to express my views. ture contrary to human rights,, and ought to Mr. STIRLING. During the course of this be as speedily.as practicable removed. debate I hesitated some time whether I should. The institution of slavery takes its stand, submit any remarks whatever to the consid- like any other institution temporal: in its eration of the Convention. I have been very character, upon the same basis with other peanxious that this debate should close within culiar institutions, despotic in their character, a reasonable period. The continued labors which have been ~wept away.; and finds its of tiis Convention, at this season of the year, moral justifi.cation, or want. of moral. justifihad become so irksome to all, and so contrary cation, in. the character of the age in which to the expectation of the people, for I think it exists and claims a right to perpetuate people upon both sides have been disappointed itself. at the long-continued session of this Conven- What is the institution of slavery to-day? tion, that I had almost come to the conclu- In this respect, I wish to say firankly that I sion not to say a word upon this subject..take upon one branch of the subject, pre.. But upon further reflection, and particularly cisely. the view the gentleman from Somerset upon the solicitation of some of my friends,.(Mr. Dennis) charged upon us as one of the I have thought proper, at this stage of the motives of this movement. I believe the indebate, briefly to explain my views; and I stitution of slavery to be the corner-stone of hope I shall be able to conclude within the this rebellion. i believe it to be the cause of time fixed by the order of the house for taking this war. I believe it to be the cause of all the vote:. the trouble in this State. And so far as it In discussing this question, without any.may relate to my own personal views and disrespect to that sacred book so often quoted opinions upon:that subject, it is this particuin this Convention, I intend:in these remarks iar. thing which has made me first, above all to lay it entirely aside. I shall not under- considerations, an emancipationist. take to prove or to disprove that the Bible [ do not mean to say there are not other sanctions or does not sanction slavery. Ishall considerations which.may be higher; but I1 not undertake to prove or disprove that depen- mean to, say that these are the considerations dently upon the Bible., or independently of the: which have prevailed upon my mind in regard Bible, the institutiorn of slavery is or is nota ato this: subject. Like.everybody else, 1 supsin. -So far as I am concerned, I have never pose; I have undergone many changes. I cerregarded it as sinful. I do not regard it so tainly was, at one time in my life, not a very now, as an -individual fact.: All I have to mature -period of it, a. good deal. of a prosay upon that subject is that it neither proves slavery.man..I have.been connected with nor disproves the material facts that are con- the institution in a.variety of ways.; and at tained in the matters before' this Convention. that period,-its effects had not been impressed We all know that in different periods: of upon my mind. But from- the very moment the' world, what has -been justifiable at one -this rebellion progressed sufficiently to be'time'becomes: unjustifiable at another. What seen and felt, and particularly in this State, is rightatone time becomes wrong at another..I made up my mind that the existence of You may talk as much as you please about slavery was incompatible with the good.of'the immutable principles of right; -but all the country, and with: the assertion of those history, sacred and profane, and the experi- political principles to. which I was attached,:ence of man proves that what is right at some and even with the, safety of myself and my times is not right, at others. We have only friends in the advocacy of those principles. to refer, not to the sacred scriptures necessa- I recollect perfectly well that when the first iily, but to the period to which the early part outburst took place in.the city of Baltimore of the scriptural record relates, to show that in regard to this rebellion-I do not mean the marriage of the nearest connections, even particularly the case of the 19th of April-it children of the same father and mother, has developed- to my mind a state of public feelbeen permitted under-the sanction of the: sys- ing: in society which I had but dimly appretem of religion that prevailed at that time. hended. I found that those who stood around 737 me in personal connection, both family and circulated among the circles of society in Euisocial connection, and of both sexes, had rope, have come back here, and have sympaabandoned their allegiance to this govern- thized with the principles and institutions of ment, and regarded themselves as foreigners the rebels to-day, because they prefer the govto it, simply because under the principles of ernments of' the old world to the government this. institution they had begun to regard of this American Republic. themselves as better than other people, and In that terrible time in Baltimlore, when I because that fixed in their minds a bond of saw the estrangement of friends,'the separaunion between them and the South, and which tion of those with whom I had associated, no other bond of union could crush out of because they regarded me as a Yankee, not by them. I found it was a bond (;f sympathy birth but by association, by principle, bebased upon an institution, something which cause I was hostile to this system, as a traitor they supposed allied, them to the betterclasses to the city of Baltimore, a traitor to the State of this country. I could not mistake that in of Maryland, and a foreigner to them; I saw their minds, if treason to this government enough to convince me that practically no were not produced by a state of mind hostile man who did not bow in humble submission to the very existence.of the form. of:govern- to this new idea would be permitted to live ment of which they were citizens, they had here in peace, but would be driven from those come to the conclusion that this gove,'nment limits with ignominy and contenmit. I saw was too popular in its character, that it did this, and I remember it now; for thouigh not recognize sufficiently the distinction be- checked by the influence and force of circumtween individuals: and they clung to the in- stances and events, the same feeling still exists stitution of slavery, not from any great moral in their hearts as stronfg as any feeling can or political principle,: but because it was the exist in the hearts of. any people, misguided only thing to.which they could cling which but enthusiastic in the advocacy of their gave them some opportunity to reject these principles. great popular principles, and to ally them- I say that the institution of slavery is the selves to something, they thought was an en- causeofthis rebellion. WThether gentlemen say tering wedge in that system of government. that the abolitionists orthe pro-slavery men I know this by personal contact with these precipitated rebellion, makes no difference. people. It is reasohing through a circle. If there I do not profess to speak the sentiments of had been no slavery, no such peculiar instigentlemen upon this floor;..but digressing for tution, there could not by any possibility a moment, I would say here, that whatever have been any abolitionists. You look in:has been the producing cause in their minds, vain among our institutions for any other.the sentiments I have heard expressed in this that could have produced these results. Peo-'Convention are very different from the senti- pie of all parts of the country have seen their.rentsI have been accustomed to hear from favorite parties go down, without the slightthe people to whom I refer in Baltimore. One est attempt to resist by a revolution. It is of the gentlemen from Prince George's said this institution alone, this broad, isolated fact that if the Convention went to Baltimore he -among the institutions of our country, which would find a majority of the people there to has been able to evoke this rebellion. There agree with him and those who sympathize is nothing else in the history of this country, with him. I know those people to whom he either actual in the past or possible in the refers. I know.that to a great extent they future, which could have evoked any such.have abandoned their allegiance to the gov- action. ernment, because they have ceased to believe What has it produced elsewhere? In,in the practical existence of republican insti- States which were divided nearly equally tutions; because they believe that under the upon the question of secession, it has propresent revolution. if successful, some sort of duced.a perfect unanimity of sentiment and institution will be developed. opposed to free action of people diametrically opposed. While institutions, which would lift them as a class. the anti-secessionists believed that secession.It is this which has made the female portion was unjustifiable,: yet they were so bound of the community the active, unceasing adv o- together in their attachment to the institution cates of this rebellion. It is the appellation of slavery, and so wrought upon by that.of Southern gentlemen and Southern ladies, common bond of sympathy, that tlhey went which has carried them away in one mass, in directly in the support of what their own.certain classes in society, into conflict with judgment condemned;, and they liave bled.e.iverythilng their fathers taught. It is because and died in a cause which their own judgment they have been.accustomed to regard the peo- in the beginning told them, and which their pie who do not support themselves by labor voices expressed,, was a cause of injustice. as the higher class, and the.people who do No other development in the history of this support:thernselves as below them in every- country has ever produced such a result, or thing,:because they look with, admiration ever could have diiided this country upon upon the.institutions. of the old world.; and tthe battle field. Do you Ihink that the tariff many of them who have travelled abroad and question as it existed in 1832, witho'ut tle 738 existence of slavery, would have caused even Norman aristocracy and the Saxon peasantry, an attempt at secession? On the question of in a large portion of the country; and the the tariff you could not have had a united former regarded their position as better than North or South. They differed in every por- to have prosperous towns; they looked upon tion of the South as in the North upon that their aristocratic hospitality as better than question; and if they had seceded the sword the industry, progress, and the development would have been flashing upon every door of high moral principles in the Northern step; for we know from the passions of hu- society. And they directly asserted that man nature and the history of the past, that though Northern men should make Maryland civil war always develops resistance in every a blackened ruin, they would take it a blackhousehold, unless there is some extraordinary ened ruin into the Southern Confederacy after fact which counteracts this result. they had driven the Northern barbarians out. But the institution of slavery rendered the I do not attribute these sentiments to any Southern Union man powerless to resist this member of this Convention. I have no right rebellion. Gentlemen talk about what Mary- to do that. But I say that whatever their land might have done, or what any State sentiments may be, these are the sentiments might have done. If the men of Maryland of a large portion of the people who supopposed to secession, could not keep the ported and voted for them; and who, if they South back by the reasoning process, it had not voted for them, would have voted could not have been done. Virginia could for some other gentlemen representing very not have done it; because they had this broad different views from those expressed by my fact to stand upon to bring this conflict colleagues and myself upon this floor. I within their own power. All they had to do made up my mind at that time, however was to fire the cannon, blow the trumpet, and much it might gratify me to be able to prothe common magnetic touch of this common vide for those around me, interested in the institution brought around their standard institution, by contributions from my own not only their friends but their enemies. pocket, or by State compensation-I made up The politicians of the South knew this. They my mind, and I express it now without fear knew that however opposed Virginia might or favor, that it was necessary for the safety be to revolution and secession, the very mo- of a portion of the people of this State, that ment they brought it to a conflict of arms, the institution of slavery should die. And Virginia would be forced to support them. so far as my own constituents are concerned, Why.? Because they weretheir countrymen? they adopt the same view and accept the They wete no more their countrymen than issue, and I proclaim it as the deliberate the countrymen of the North. Because they opinion and purpose of the constituency belonged'to the same State? No. It was whom I represent, that the institution of because they belonged to the slaveholding slavery is dangerous to their liberty, their States, and this institution was a part of happiness, their prosperity, their safety, and something they prided themselves upon. It so far as they can wield the instrument of was because in their education they had been death, it shall die taught to believe that they, both secessionists What is the alternative to which we are and Union men, were superior to the mass of driven in this State. The fact is certain, the people of the country. It was this one whether the institution of slavery is dead or fact that brought them to this one standard, not, that it exists in the Constitution of this when no other fact or opinion could have State now. No other system ever stood so reconciled them to it. protected by the Constitution. This State This is a matter which gentlemen upon the to-day is neither a free State nor a slave State, other side will not understand probably as but both at the same time. It is a peculiar thoroughly as we. I have never ceased to position. We must array ourselves upon one realize it. The Union men of the State have side or the other. We must either abolish come fully to realize it. It has long been slavery, or we must go to work and by a found that men who did not hold to the reactionary process build slavery up. No State rights theory, when they have come State can exist with an institution like this in within the boundaries of the State of Vir- the condition it is in now. It does not cultiginia, have recognized it. And even in Bal- vate the land, and it keeps other labor from timore, trembling under the despotic control doing it. It does not maintain itself in the of military despotism, unable to express their position where it was a few years ago, but it true sentiments, as gentlemen say, men delib- keeps out free labor. erately asserted and expressed the views of Is any man so insane as to think that it the ultra Southern rights party of this State. is possible to bring back to this State the fuWhat were those views? That the institution gitives that have left it? that the grand train of slavery had developed a chivalry, and a of colored people whom the soldiers have higher class of people in Maryland, a supe- swept away with their armies, with their rior caste in this State, and that the men who minds penetrated by new ideus of liberty, opposed it were the trading and laboring can be brought back, and the institution of classes. That we had two classes, like the slavery can become what it was ten years ago? To attempt it would require a police or cultivation of gentlemen owning large in the nature of a standing army. tracts of land is any higher than that of those And away with the despicable trash, of owning smaller tracts of land. I do not bemaintaining the idea, in violation of all the lieve that condition which prevents the instincts of human nature, that these people growth of towns, prevents the care of roads, will not work when they can and cannot which prevents the distribution of all that work when they will. This class has ar- kind of wealth which divides while it multirayed itself upon the battle-field to the num- plies, is better than the systern of free labor in ber of 100,000 men. They have many of the Northern States. them left comfortable homes for the purpose What: is the natural effect of slave labor, as of asserting and gaining their liberty. Such shown by its past history, and what must be an absurdity never entered the brain of man, its effect now? What has prevented immias the supposition that having shown that gration into thisState? And whathas driven determination, having waited with so much young men outofthe State? Is itnotsimply the patience before taking any action upon their reason that in a slaveholding community there own part, but now, whenever the flag of the is no way in which a young man raised withUnited States waves, obeying the signal to out property can live. A father who in a them to follow over every obstacle, every slaveholding country provides his son with degree of pain and suffering, they can be re- an education, but has no land to bestow upon fused the rights of freemen and brought back him, makes it necessary that he should go to to their former condition. some Northern State to obtain his subsistence. What is the reason these poor degraded The necessary result is that the Stale of people have left their homes? It is because Maryland is sending her population into the they desired to flee from slavery. Do you Western country or to the North, simply besuppose that a negro ever ran away from the cause of this fact. place where he was born for any other iea- Every one knows that the value of real son? Any man who can give any other rea- estate in the slaveholding parts of Maryland, son than that they fled from slavery, must is decreasing not increasing. Property in apply a process of reasoning to which I am a fine locations, and cultivated estates are destranger. Are we then to frame a new Con- preciating. Instead of there being more stitution, and let this institution go on in the houses, they are becoming less. Instead of condition in which we find it to-day? the farms being divided into homesteads, Gentlemen say they do not want immigra- every census ieturn shows that the number of tion; that the system of free labor is no more homesteads in those parts of Maryland is deproductive than the system of slave labor; creasing. They must decrease, because slaveand they talk about there being slaves in Eu- ry requires it. If a man has to buy hIis labor, rope, and a system of white labor of the he must not only have a capital to buy his poorer classes which is another species of land but also to buy thelabor; and the conservitude. Do they know that remarks of sequent tendency is in a slaveholding cornthat kind are as much a reflection upon my munity to have the land held in few hands. constituency as upon the men of New Eng- It is a system which produces towns someland and New Yoik? Do gentlemen pretend times, but not cities. It is a system which to say that the operatives in manuftactories, prevents education; for the few never will the workmen in workshops, mechanics, agri- give education to tile many; when the many culturists, and day laborers, are upon a po- have no power to assert their rights. What litical, moral, or any other kind of equality is the reason that counties so ably represented with slaves? I represent here a large class of upon this floor stand in some respects wshere men who own no property except the furni- they stood fifty years ago? What is the ture in their houses, and yet who in manly reason that St. Mary's to-day is not equal to uprightness, stand before God, as men and what it was in 1790? Can any man say that citizens, as high as anybody in the limits of the soil is cursed in any other respect or by the State, who have families around them, anything else? Has anythingbut the system whom they support by honest labor, but who of slave labor produced these results? are not taxable men. They are men who are There can be no building of villages or compelled to work for their support; and yet towns to any considerable extent, no develthey are as far removed from the condition of opment of tracts, where one man controls and negro slaves as the kings of the earth are re- provides for five hundred people; when he moved from their people in political position. buys everything for them, and distributes it If we get rid of this institution, why should to them. But when those five hundred people we not take the place of other States where feed themselves,'and clothe themselves, and free labor exists? I should like to have gen- are forced to buy for themselves, villages tleman point to any reason why this State necessarily grow up to supply them. Under may not maintain the position of Pennsyl- no system where one man provides for nuvania. Why is it that the position of Penn- merous laborers, can there be villages growsylvania is better than the position of Mary- ing up, as when they provide for themselves. land? I do not believe that the hospitality When we see that the institution produces 140 such results; when e see that it has worked tion. Yet it has been distinctly decided by so badly, why should we be Compelled to one of the ablest judges, whose opinion was perpetuate it? Yet we are told that weshall referred to by the gentleman from Calvert not take another system; that although this (Mr. Briscoe) in the last Legislature as sancsystemi is crushed into fragments, the people tioning the absolute right of property, as a of this State halve no right to protect them- general thing, by Chief Justice Robertson, of selves by the establishment of any other sys- the Court of Appeals in Kentucky, that martem. Gentlemen have spoke of novel doc- riage is absolutely within the control of the trines; but I must confess that this is the legislative authority, with the consent of both most no el doctrine that I have beard, that parties, or withlout the consent, or against the we cannot emancipate. It has been the theory consent of both parties; and because it is a in Maryland for some years that the master social institution. could not emancipate, that the State con- In a Government regulated by a Constitutrolled the power of emancipation; that the tion, I say that the right to regulate the conState could denv to the master thie power to dition of persons under that Constitution, emancipate. Hfow do you reconcile that with how far one man may hold dominion over the denial to the State of the power to eman- another man, is an inherent and absolute cipate? What means thee provision of the right, which the sovereignty exercises withConstitution of 1?76, that -the Legislature out appeal. I do not deny the right to make shall not abolish slavery except by unanimous a slave property, so far as man can be propconsent, if the State caRnnot abolish it at all? erty; but the very fact that he is a man gives What means the provision in the Constitu- the Legislature control over himn. The Legistion that the Legislatute'of Maryland shall lature may try him and hang him. The not abolish slavery, if it were not in their Legislature may exercise any power over him power without such a provision in the Con- as a. person, no matter how injuriously it stituti'on to abolish it?? What' meansthe pro- affects the right of property. Any man can hibition'upon the interference by the Legisla- see that if a negro slave is executed for a ture with the relation of master and slave, crime, it is not a case of taking private if they had not the power to interfere?'How property for public use, while the Legislature does slavery exist? VWas not slavery ratified in its discretion can provide compensation, it by law in 1715 by'State authority? And if is not necessary, because it became property that State'authority at that time'had decided by their grant and could' not have become the other way, slavery would not now exist, property otherwise. It is just because a neGentlemen talk about impairing the obli- gro is a man, because he is a person, that gation of contracts. I assert that the Coni- there cannot be property in him beyond the stitution of the United States never meant to power of that sovereign existence which contake away from any State the power to co'n- trols him as a man. The ri'ilht of the State trol its own social institutions. Slavery is a to the obedience of the negro is above that of social institution. It is in its very'nature a the master. If the master tells-him one thing grant'from the State, by which one class of and the State another, which must he obev?'the people of the'State, whether citizens' or Is not the negro bound as a man to obey the merely inhabitants or subjects, are transferred law of the State, no matter how nuch propto the domination of another class of the erty his master may have in him? The power population. I assume-that the-inherentright of the.State rises above the power of the of evelry community to govern its-own people, master. The position as a man is above the to regulate the status of its own population, position as a slave. its control over the people'they made masters So' far as regards the.question of compenand the people they tlade'slaves, is necessarily sation, I have but a few words to say. I say above every right of property created by the that compensation, as a right, does not exist. State or alloNwed by the State between these It does not exist for the reasons which I have two classes. Its'right' to legislate about it just urged. There may be certain instances cannot be'denied. What was decided by the which justify it, and certain instances which Court of A ppeals in relation to the right of do not justify it; cases when it is allowable the city of Baltimore to'appoint exclusively and cases when it'is wrong. All I can say its own police officers, was that the police upon'this subject is, that this'is one of the power of the State'could not be abandoned. ases when'it is wron. I say that the cirHow is it sovereign, if' it has no power to cumnstances of these timnes' are such that comregulatethc status of its own people? I pensation is not'due. I'say that the cirknow the Courts'of the United States have cuinstances of the future are such that comgone very far upon this doctiine. "Judge pensation will come in anotherform;n and you Story particularly has gone to an extent that cannot'strike the'balance. This' institution has not been sustained either by tle'Suprerne has struck at the vitals of the United States, Courtorbytheothertribunials ofthe:country. and aimedits da'ger at its heart; and that Judge'Story' has carried the principle so fai is the cause'of the death'of that institution. as to take the ground, thatthe legislative au- If it produces inconvenience to individuals, it thority could not -dissolve the niarria- ge rela-'is beyond'the control;of'the Legislature, be 741 cause the. Legislature cannot compensate un- he held over the burning altar the hand with der such circumstances. which he had signed his i'ecantationi of Pro['The hour for taking the vote having ar- testantism, and burned it before the rest of rived, the hammer fell.] his body, we intend to hold over the conMr. DANIEL moved to reconsider the order suming flame this institution, saying: "By that -the debate should be closed at 2 o'clock. this we have offended; let this die first." Mr. STIRLING.:If the Convention will allow I believe that such an act would not only me to proceed for ten minutes by unanimous appal the breasts of traitors in' the South, but consent, I should prefer it toreconsidering the afford the only hope of reorganizing the order. Union party of the South. But not only is Mr. DANIEL withdrew his motion. the loyalty of the South principally confined There being no objection, to the region where slavery does not exist, Mr. STIRLING proceeded: I believe that the but there has not been a rman who has been inauguration of this policy will go very far converted from rebellion to loyalty, but has to establish the result which I before an- conme back by the road of the abolition of nounced as the first proposition in my argu- slavery. There is not a man who was in ment. Just so far as the Southern people the rebel army, and who has joined the Union become satisfied that the South is not a unit, army, who has not come bacl through the just so far they will grow weak in their re- road of abolition. There is not a single road sistance. I believe conscientiously that if by which the Southern people can ever travel the people of the South had been convinced back into sympathy with this Government, that the border:States.would not have fol- except by the change of' those circumstances lowed them into this war, they would not which brought about the rebellion. have made it The idea of a confederacy This is therefore no obsequious sacrifice to based upon the States bordering upon the despots in Washington. It is the free choice Gulf of Mexico is an impossibility. They:of the people of this State. It is because they believed that all the slaveholding States would believe with Mr. Lincoln that this is the cause go with them. If the border States had stood of the rebellion. It is because this flag is firm, with their arms in their hands, and told their flag, this G overnment their Govern t, these people they would not join them, but that they do this act to save the Government would aid in protecting the Union, it would from danger, and to transmit it unimpaired have had the effect to stay the rebellion; for to their posterity. the South could not be foolibh enough to con- Mr. MARBURY rose to a personal explanation ceive the idea of a confederacy of the cotton in reply to Mr. Berry, of Baltimore county, States. Emancipation in Missouri and Ten- in relation to the votes given by himself and nessee is carrying the lines of the Govern- his colleagues upon the resolution of thanks ment down into the very heart of the rebel- to the AMaryland soldiers, but before conlion. It brings about a, condition in which eluding, was called to order by the continuance of the rebellion becomes an The PRESIDENT, who did not consider the impossibility. explanation such as to be a privileged question. Look at the influence of voluntary emanci- Mr. MARBURY thereupon reserved the privipation upon the question of secession. Do lege of replying until some future oppornot gontlemen. know that in the mountainous tunity. region of the country, from Pennsylvania to Mr. CLARKam desired to offer an amendment Georgia, along the whole backbone of the to the amendment. Alleoganis, you have a loyal population? The PRESIDENT ruled it out of order, unless Why is this' You find a loyal population by general consent, or the reconsideration of along that territory, because they are not the order requiring the vote to be taken at'slaveholding. And that population alone, this time. along the mountain region, extending down The question was stated upon the amendinto Tennessee, has been that by which this ment submitted by Mr. BROWN. Government has saved itself. I conceive thatif Mr. BaMRY, of Prince George's, moved a the people of the South had been united; if reconsideration of the order bv which the every man in Missouri, Kentucky, Tennessee, Convention determined to take the vote at and Maryland, had been identifed in feeling, two o'clock. in symipathy, with.South Carolina, they could The motion was seconded by Messrs. MArnot have been conquered. I believe they can BURY and HAaWooD. be conquered simply because I believe those'The motion to reconsider was rejected. States, by these cotemporanious acts, are as- The question recurred upon Mr. BROWN's serting a purpose which the Southern States amendment, which was read as follows: cannot gainsay, and from which they cannot " Add to the 23d Article the following: be drawn. It issimply saying to these people,'and the Legislature shall make provision we are convinced that the institution of' from the Treasury of the State for the comslavery has produced great evils, and must. fortable support and maintenance of the helplead us into the same if we allow it to con- less and paupers hereby emancipated.'" tinue. As the great apostle.of reform in Eng- Mr. BROWN demanded the yeas and nays, land, Cranmer, treated his own hand, when and they were ordered. 742 The question being taken. the result was- three years, I have been a citizen of Maryland yeas 28, nays 53-as follows: more than thirty, and up to the firing on Fort Yeas —Messrs. Berry, of Baltimore county, Sumter, was as strong a pro-slavery man as Berry, of Prince George's, Billingsley, Black- I am now anti-slavery. iston, Briscoe, Brown, Chambers, Clarke, Mr. DAVIS, of Charles, called the gentleman Crawford, Dail, Dennis, Duvall, Edelen, Gale, to order. -Harwood, Hollyday, Horsey, Johnson, Lans- The PRESIDENT overruled the point of order. dale, Lee, Marbury, Mitchell, Miller, Parran, Mr. ABBOTT proceeded: It was not until I Peter, Smith, of Dorchester, Tunrner-28. found those having that great interest in their Nays —lessrs. Goldsborough, President; charge and keeping, had abandoned all law Abbott, hnnan, Audoun, Baker, Barron, and Constitution, and staked everything upon Carter, Cunningham, Cushing, Daniel, Da- the sword, that I made war upon my former vis, of Charles, Davis, of Washington, Earle, friends. I am here to-day by my vote to celeEcker, Farrow, Galloway, Greene, Hatch, brate a victory by the sword. The power of Hebb, Hoffman, Hopkins, Hopper, Jones, of' this government is greater than they, and Cecil, Keefer, Kennard, King, Larsh, Mlace, their.institution for which they drew the Markey, McComas, Mullikin, Murray, Neg- sword has perished by the sword. My colley, Nyman, Parker Purnell, Ridgely, Rob- league (Mr. Stockbridge) and my friend from inette, Russell, Sands, Schley, Schlosser, Howard (Mr. Sands) haveexpressed my views Scott, Smith, of Carroll, Sneary, Stirling, upon this subject as it now stands. I vote Stockbridge, Sykes, Thomnas, Thruston, Val- " aye.' liant, Wickard, Wooden-53, Mr. AUDOUN said: I believe that the men When their names were called, who are now in front of Richmond shedding Mr. RIDGELY said: If this proposition their blood for this country, demand the aid were offered as an independent proposition, in of every Union man in this State, and particits appropriate place in the report of the Com- ularly of the men of this Convention. To aid mittee on the Legislative Department, I would them, so far as I can, I cheerfully vote "aye." vote for it. That, offered as an amendment in Mr. BARRON said. I rise for the purpose of this connection, I consider it calculated to saying that I was left by cars and steamboat, embarrass the article; and I therefore vote and have travelled all the way here in a car"no." ~ riage to vote " aye." Mr. V:LLIANT said: The explanation offered Mr. EcKER said: As it is customary to by the gentleman from Baltimore county (Mr. make explanations, I will explain my vote. Ridgely) willexplain my vote. I vote " no." I am not like the gentleman who signed the So the amendment was rejected. Declaration of Independence, Stephen HopThe question recurred upon the adoption of kins, whose hand trembled a little as he the 23d Article of the Declaration of Rights, signed it-I don't know whether he was as reported by the committee. afraid of the rope or not. I consider this the Mr. MULLIKIN demanded the yeas and nays, proudest vote of my life with one exception; and they were ordered. and that was in 1832, when I voted for Henry The question being taken, the result was- Clay. I vote " aye." yeas 53, nays 27-as follows: Mr. HARWOOD said: As the sword has not Yeas-Messrs. Goldsborough, President; yet settled this question, I vote's no.'" Abbott, Annan, Audoun, Baker, Barron, Mr. KENNARD said: As a Marylander to the Berry, of Baltimore county, Carter, Cunning- manor born, I regard it as one of the proudharl, Cushing, Daniel, Davis, of Washing- est acts of my life to bear my part in giving ton, Earle, Ecker, Farrow, Galloway, Greene, Maryland freedom, by voting "aye." Hatch, Hebb, Hoffman, Hopkins, Hopper, Mr. MARBURY said: I consider this robbery, Jones, of Cecil, Keefer, Kennard, King, Larsh, and therefore vote "' no.' Mace, Markey, McComas, Mullikin, Murray, Mr. PETEt said: As I believe that the same Negley, Nyman, Parker, Purnell, Ridgely, God who established the relation of husband Robinette, Russell, Sands, Schley, Schlosser, and wife, and parent and child, also estabScott, Smith, of Carroll, Sneary, Stirling, lished the relation of master and servant, I Stockbridge, Sykes, Thomas, Thruston, Val- vote "no." liant, Wickard, Wooden-53. Mr. SCHLEmY said: As an act of patriotism, Nays —Messrs. Berry, of P. George's, Bil- justice, and humanity, alike redounding to the lingsley, Blackiston, Briscoe, Brown, Chaim- honor of the State of:taryland and the welbers, Clarke, Crawford, Dail, Davis, of fare of the people, I am proud to vote "aye." Charles, Dennis, Duvall, Edelen, Gale, liar- So the 23d Article was ordered to a third wood, Hollyday, Horsey, Johnson, Lansdale, reading.] Lee, Marbury, Mitchell, Miller, Parran, Peter, The further consideration of the DeclaraSmith, of Dorchester, Turner-27. tion of Rights was informally postponed. As their names were called, Mr. ABBOTT said: I desire to say a word in explanation of my vote. Although born and Mr. STIRLING moved to adjourn to Monday living in Massachusetts until the age of twenty- morning, at 11 o'clock. 743 Mr. BLACKISTON and Mr. BERIAI asked and As their names were called, obtained leave of absence. Mr. BERRY, of Baltimore county, said: I Mr. BROWN asked and obtained leave of ab- have been necessarily absent from this Consence until July 6. vention, not on private business for one mooMr. SCOTT. If the gentleman will with- ment, but always on public business. The draw his motion to adjourn, I wish to offer Governor of the State, acting under the oran order. ders of the General Government, has ordered Mr. STIRLING withdrew his motion. my absence during next week, and perhaps Mr. SCOTT submitted the following order: for two weeks. I cannot tell when I may be Ordered, That when the Convention ad- able to return to my duties. I shall therefore journs to-day, it stand adjourned till 12 vote "aye.'' o'clock, M., on Wednesday, July 6th. Mr. HOPKINS said: I think the convenience Mr. SCOTT said: I was.somewhat at a loss of so many of the members depends on this to know whether it was better to call up the adjournment, that we should not have enough order on the table or to oiftr a new order; to do business if we continue in session. I hut I concluded to offer a new order, which I am ready to continue here, and would not dethink will meet the convenience of a majority sert my post; but believing that we should of the members of the Convention. I think not have a quorum here, I vote "aye." enough members will be excused; and enough Mr. THoMAS. Excepting at one time, I will be absent without excuse, to leave the have never been absent unless for attendance Convention without a quorum and unable to upon official business. But I am perfectly do any business I think, therefore, that we satisfied, from the disposition I have seen on may as well adjourn, and allow our agricul- the part of members, that there will be either tural friends to gather in their harvest. lMy no quorum until the 6th July, or a bare quoown harvest is not pressing upon me, for I rum. I desire upon the other sections of the have been fortunate enough to have means of Bill of Rights, and in the consideration of the gathering it without my attendance; but article upon the Legislative Department, that there are others who are not so fortunate. I there should be a full House. 1 am unwilling think the Convention will bear me witness to come here day after day for a week, and that I have not been remiss in my attendance have no quorum or a large number of empty here; and I make this motion to accommo- benches. I therefore vote "ave." date others rather than myself. So the nmotion was agreed'to. Mr. CsHIN(G. I hope the Convention will not adjourn until the 6th of July. I think PERSONAL EXPLANATIONS. the reason cited by the gentleman from Cecil Mr. CUSHING. I wish to make a personal (Mr. Scott,) is at the best a very poor one. explanation in reference to a statement made If gentlemen choose to take uDon' themselves while I was out of the' House, and again the responsibility of absenting therselves and when I was in it. The gentleman from Kent leavirg the Convention without a quorum, it (Mr. Chambers) assumed to animadvert upon is their business anfi not ours. I think it the number of years I have lived, as some would be compromisinlg the dignity of the reason why the arguments I presented should Convention to vote for this order upon such a not have weight in proportion to the reason ground. they contained. That, I would suggest, is a SMr. DANIEL demanded the yeas and nays, subject for my constituents, and not for any and they were ordered. man upon the floor of this House. If my The question being taken, the result was -- constituents considered me old enough and y-eas 40, nays 31 -as follows: wise enough to represent them here, I would Yeas-Messrs. Goldsborough, President; suggest that it is travelling beyond his legitiAbbott, Barron, Berry, of Baltimore county, mate business for any member to reflect upon Berry, of Prince George's, Billingsley, Black- that as a reason for diminishing the weight iston, Briscoe, Brown, Carter, Chambers, of whatI said. I have not and shall not Clarlke, Crawford, Dail, Davis, of Charles, inquire the age of any gentleman upon this lDenais, Duvall, Edelen, Farrow, Goale, Har- floor. I will not say that the gentleman from wood, Hatch, Hollyday, Hopkins, Hopper, Kent is only fit to represent on this floor an Horsey, Johnson, Jones, of Cecil, Kennard, evanished past. If hisconstituentsthinkhim King, Lansdale, Larsh, Lee, oMace, Marbury, of a suitable age to represent them, I will give Mitchell, Miller, Murray, Parran, Peter, Pur- full weight to all the arguments he may prenell, Ridgely, Scott, Smith, of Carroll, Smith, sent. of Dorchester, Sykes, Thomas, Turner-48. My friend from Baltimore county (MIt. Nays —Messrs. Annan, Audoun, Baker, Berry) thought, proper to charge me with in Cunningham, Cushing, Daniel, Davis, of consistency, as the remarks of the gentleman Washington, Earle, Ecker, Galloway, Greene, were reported to me, because while a proHebb, Hoffman, Keefer, McComas, Mullikin, slavery man, I thought the fugitive slave law Negley, Nyman, Parker, Robinette, Russell, ought to have been resisted in the streets of Sands, Schley, Schlosser, Sneary, Stirling, Boston, and said that were I a citizen of MasStockbridge, Thruston, Valliant, Wickard, sachusetts, though it had cost me my life, I Y~~~~~~~~~~~~sacuets hog i a cs m ylie wr-nld rot hlre stoed hrT and seen that man Afr.'TILL1rt. I havt ai peig9ntal explanation selii,:'fk to sley('I' a'fft r1' I ng travelled also to make. The. gentleman firom Baltihtindi ec of' nliles to gpain it.' hatever nmay more county (lr. Berry) has imade some atbe ile ill(ontsistetilcY of' tlhat, 1 Ihave not been Iusion to the vote that was taken on the 12th so inconsislent, as to oth lidi t tliat slivery of Mlay, 1864, on the, resolution offered. by wvas wrongr and that I was t slaveholder; or the gentleman firom Ba1 timtore. tllhat tlhe Ilaw makling slavery was wrong in "Resol'ed, That this Convention tenders its inception, llt Ilthat I w ould assist in up- the lhlanks of the State to the soldiers of vsaholdingt it on the borders of' at fre e Stlte and r. l!and in the artmy of General Grant, tor the nlmlkin tIhat a htintilng ground for slL.'aves. pgallant manner in which they have behaved Th'le gentleman flroll Prince George's (Mr. during the recent battles, and that this ConClarlke) wii h an iassumniptiotn not warranted vetition expresses its deep symlpathy with the either by his yearsor by his wisdom, has ptre- tilnilies of the slain, and f[or the wounded in sullled to Slpeak as i'f my yolulth was suLch that their sufferings."' I had barely left the parent nest. I would I voted, sir, upon that resolution, on that call the itttention of this Convention that his occasion, contralry to the majority of the genexpetience e(\r'l('i a period of not quite sixty tlemnen with whoml I have uniformly acted days.'That fill-blown statesnmln has come since I have been here, aid for this reason. [ here after tian incuatll io of' allout sixty days; did not regard votingr for the resolution as an and one would supllose tha liet had tieen con- indorsement of the war or the policy upon stilted in fiaanting the Declaration of' Indeen- whllich the war is waged. I can vote at atly dencte, and the (onstitution of the United tirue. thanks to the gallantry of liarv land St.tes, and had been in:)public life from thatt nien, displayed in the field of battle and did tittme to this. tl0 ontllt pertlips the gentle- so in this case without approving of the policy mtln f'romn lrince Georg-e's lnighlt have sate at of the war in which tfhey are en(laged. The the feelt of r'my collecle (S1. Stockliridge) concluding parit of' the resolution, expressing during tlhe list session of tlhe Genertal Asseri- synipaithy with the filmilies of those who have bly of' this State, intd so ha've leuarned from ftllen, I would vote for under all circitmhiuln, but toy colleague wa s unfortunately stances. born ullon t-he lhated soil tllhat produced such lly views are just these in regard to the iniquitotls anti-slvtery men as Jay, Everett, war; that ift prosecuted at all it should be Alexander Ianmilion and Franklill, antd the waged as the C'ittenden resolution declares chivalrous niember' froin Prince George's (51r. for no purpose of conquest or subjugation, or CIlrke) could not stoolp to study in that to overthrow or intertere with the rights of school. 3Toreover, the lengthy Latin quota- any nan under the Constitution, but to detion paraded in the gentleman's speech proved fend and umaintain the supremany of the Conduriing its utterance thlLt soch pronunciation stitution and to preserve the Union with all and scanningr could not. have lbeen learned in the dignity, and equality, and rights of the any Nevw Englalnd school. I thought per- several States unimpllaired; and that as soon haps the gentleman mIight have sulppiosed I as these objects are accomplished the war wits not calp:ble of exprelssing myn views upon should cease. I think if the war is now prostle floor of this I-louse, because I haid not beent ecuted for any other purpose, it has changed like him engaged in thie triail of those cele- its character. By voting for that resoluttion brated cases which lhave made his name I did not approve of the war much less inalready Fo famous, that it will be doubtless dorse the policy upon which it is now conquoted as authority by all generatioins yet to ducted. come.. Mr. CLARnKs. One word in reply to the In conclusion, I have bbt to say that I am personal matter of the gentleman from Baltihere to represent a constituency that thoughlt mote city (MIr. Cushing.) The gentileman me old einougli aind wise enough to cone here. misunderstood me; tor I did not intend to If gentlemen can brintg any argumtents to comment either ulpon his years or his legisladisplrove anythinig I advance, I slhall be de- tive experience, when I pronounced him rn a igollted to hear it. If tl!ey can utteily over- "fledgeling" in his constitutional law. 1 tlhrow any ipropositions I mtay advance, they leave the judgment of posterity to pass upoi will lbe heard by none more gladly than by th;it, ulpon 11ty views as spread upon the JoUrmyse lf. It shows the inlherent- weakness of Dhal of Debates. the cause they attemipt to defe.nd, when not On motion of Mr. MItLr,LR, touching the argumentts, not denying the The Convention adjourned to mteet tinder facts, they attelmpt merely to slur it over by the order previously adopted, on July 6th, at an allusion to my.youth. 12 o'clock M.