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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 186   View pdf image
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186
Some conversation followed.
After which,
The question was taken; and
There was a second to the demand for the pre-
vious question.
And the main question was ordered to be now
taken.
Which main question was first on the amend-
ment of Mr. DORSEY,
Mr. STEWART, of Baltimore city, asked the
yeas and nays which were ordered, and being taken,
were as follows:
Affirmative—Messrs. Chapman, President, Mor-
gan, Blakistone, Dent, Hopewell, Lee, Cham-
bers, of Kent, Mitchell, Donaldson, Dorsey,
Wells, Randall, Kent, Weems, Dalrymple,
Bond, Sollers, Brent of Charles county, Merrick,
John Dennis, Crisfield, Dashiell, Williams,
Goldsborough, Eccleston, Phelps, Bowie, Sprigg,
McCubbin, Dirickson, McMaster, Hearn, Fooks,
Jacobs and Kilgour.—35.
Negative—Messrs. Jenifer, Buchanan, Bell,
Welch, Ridgely, Colston, Chambers of Cecil,
Miller, McLane, Spencer, Grason, George,
Wright, Shriver, Sappington, McHenry, Magraw,
Nelson, Thawley, Hardcastle, Gwinn, Stewart
of Baltimore city, Presstman, Ware, Fiery, John
Newcomer, Brewer, Weber, Hollyday, Slicer,
Fitzpatrick, Shower and Cockey—34.
So the amendment was adopted.
The question then recurred on agreeing to the
modified amendment of Mr. PRESSTMAN, as thus
amended.
Mr. JENIFER, (to the President.) Is it inor-
der now to move that the whole subject be laid
on the table?
The PRESIDENT. The motion is not now in
order.
Some conversation followed on a point of or-
der, in which
Messrs. BRENT, of Baltimore city, JENIFER,
and the PRESIDENT took part.
Mr. SPENCER, when his name was called, gave
notice that he should vote in the affirmative on
the amendment, as also upon the amendment as
amended, for the purpose of enabling him here-
after to move a reconsideration of the vote there-
on.
The question then recurred and was put upon
the amendment as amended; and
Determined in the affirmative.
The yeas and nays were ordered and appeared
as follows:
Affirmative—Messrs. Morgan, Blakistone, Dent,
Hopewell, Lee, Chambers of Kent, Mitchell,
Donaldson. Dorsey, Wells, Randall, Kent,
Weems, Dalrymple, Bond, Sollers, Brent of
Charles, Merrick, Colston, John Dennis, Cris-
field, Dashiell, Williams, Goldsborough, Ec-
cleston. Phelps, Bowie, Sprigg, McCubbin, Spen-
cer, Wright, Dirickson, McMaster, Hearn,
Fooks, Jacobs, Fiery, John Newcomer, Kilgour
and Cockey—40.
Negative—Messrs. Chapman, President, Jeni-
fer, Buchanan, Bell, Welch, Ridgely, Chambers
of Cecil, Miller, McLane, Grason, George,
Shriver, Sappington, McHenry, Magraw, Nel-
son, Thawley, Hardcastle, Gwinn, Stewart of
Baltimore city, Brent of Baltimore city, Presstman,
Ware, Brewer, Weber, Hollyday, Slicer,
Fitzpatrick and Shower—28.
So the amendment as amended was adopted.
And then the first article of the Report, as
thus amended, was adopted.
The second article of the Report was read as
follows:
Art. 3. That the people of this State ought to
have the sole and exclusive right of regulating
the internal government and police thereof.
No amendment having been offered, the article
was adopted.
The third article of the Report was read as
follows:
Art. 3. That the inhabitants of Maryland are
entitled to the common law of England, and the
trial by jury according to the course of that law
and to the benefit of such of the English statutes
as existed at the time of their first emigration,
and which by experience have been found appli-
cable to their local and other circumstances, and
of such others as have been since made in Eng-
land or Great Britain, and have been introduced,
used and practiced by the courts of law or equi-
ty, and also to all acts of assembly in force on
the first Monday of November, 1850, except such
as may have since expired, or maybe altered by
acts of this Convention, or this Declaration of
Rights, subject, nevertheless, to the revision of,
and amendment or repeal by the Legislature of
this State; and the inhabitants of Maryland, are
also entitled to all property derived to them from
or under the charter granted by his Majesty .
Charles the First, to Caecilius Calvert, Baron of
Baltimore.
No amendment having been offered, the article
was adopted.
The fourth article of the Report was read as
follows:
Art. 4. That all persons invested with the Le-
gislative or Executive powers of government are
the trustees of the public, and as such account-
able for their conduct; wherefore, whenever the
ends of government are perverted, and public lib-
erty manifestly endangered, and all other means
of redress are ineffectual, the people may, and of
right ought to reform the old or establish a new
government; the doctrine of non-resistance against
arbitrary power and oppression is absurd, slavish
and destructive of the good and happiness of
mankind.
No amendment having been offered, the arti-
cle was adopted.
The fifth article of the Report having been
read as follows:
Art,. 5. That the right in the people to partici-
pate in the Legislature is the best security of lib-
erty, and the foundation of all free government,
for this purpose elections ought to be free and
frequent, and every free white male citizen hav-
ing the qualifications prescribed by the Constitu-
tion, ought to have the right of suffrage;
Mr. BOWIE moved to amend the said article by
inserting after the word "having," in the fourth
line, the following:


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 186   View pdf image
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