clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1039   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space
1039
fives chosen in each county, and three sena-
tors; which is an arbitrary rule.
I do not mean to press the consideration of
this report of the minority upon the attention
of this convention, I know lull well, for ex-
perience in this house has already taught me
the sad lesson that anything coming from the
minority side of this house, is likely to find
little support or favor here. Although per-
haps by some gentleman it might be regarded
as just and equal in its operation to each and
every part of the State, yet I fear that its pa-
ternity will stamp it with the seal of condem-
nation. We have merely attempted to sketch
out some general principles by which we
think the convention should he governed;
and upon those general principles I have
submitted these few desultory remarks, which
I may hereafter elaborate more fully.
I shall be content to meet gentlemen upon
either side of the house who may present
here a proposition in which I can see that
justice is done to each and every part of the
State. But I will never, for one, give the
sanction of my vote to a plan that ignores
nearly one-third of the whole population of
this State upon the question of apportion-
ment. I will never give my assent to a rule
that is in contravention of every principle
that governed the notion of our fathers
upon this subject from the earliest records of
our constitution down to the present time,
In the constitution of 1776 this principle did
not enter. The reform party in the days of
1836 discarded it and adopted federal num-
bers, which takes the gross population, ex-
cluding only two-fifths of the slaves. The
men of 1850 did not perceive the propriety
and wisdom of excluding from the enumera-
tion the free and slave population of the
State, and adopted gross numbers as the
basis of representation.
This population has ever been regarded in
Maryland as a proper element constituting
the basis of representation, and will not now,
I trust, be rejected when the free population
of the State is about to be increased by the
accession of nearly one hundred thousand of
emancipated slaves.
Gentlemen who have voted for the aboli-
tion of slavery cannot point to its temporary
existence in our midst as a reason for the
adoption of the exclusive white basis. If the
people by their votes give vitality and force
to the action of this body, slavery will no
longer exist in the State, and our legislation
on this subject should be shaped to meet the
new order of things.
[The half hour having expired, the hammer
fell.]
Mr. BERRY, of Prince George's. I think I
have a right to claim that if the convention
are now prepared to vote upon this proposi-
tion, it should be voted upon, section after
section.
The PRESIDENT, The question is upon the
substitute of one report for the other.
Mr. BERRY, of Prince George's. I claim
that this is part of the report ot a standing
committee of this body, appointed by the
chair for the purpose of considering and re-
porting upon this question. The majority of
the committee have made one report, and
the minority another. It is equally the re-
port of a standing committee, and stands in
the same relation to the house as the majority
report. I offer it as a substitute for the ma-
jority report, to be read by sections as the ma-
jority report is; and I think I have a right
to claim under parliamentary law, that it
shall be considered in the same way. I can-
not see the difference or discrimination be-
tween the minority and majority report,
when both come from a standing committee
of the body.
Mr. JONES, of Somerset. I suggest whether
or not it is competent to ask for a division of
the question. If there be several distinct
propositions in an amendment, I believe it is
competent to ask for a division, taking the
vote upon each distinct proposition. The
different sections being distinct propositions,
come under that rule.
The PRESIDENT. There are two reports be-
fore the convention; a majority and minor-
ity report. It is the privilege of the minority,
under parliamentary rules, to move to sub-
stitute their report in the place of the major-
ity report. The majority report comes up
properly for the consideration of the house.
The gentleman from Prince George's moves
to substitute the minority report in lieu of
the majority report, for the consideration of
the convention. That question involves the
consideration of the two reports, whether
the house will entertain the majority or the
minority report. That ia substantially the
question. That being the effect, and the mi-
nority report being an entire proposition
submitted to the consideration of the house,
the house must decide, that question. After
they have decided that question, it ia then
within the province of the house to proceed
with the report, on its second reading, and
amend it so as to perfect it. This does
not come under the provision referred to by
the gentleman from Somerset (Mr. Jones. )
being a proposition in effect asking the sense
of the house whether they will entertain the
majority or minority report.
Mr. CI.ARKE. Is it not competent to read
this report section by section, for any amend-
ment to be offered, the minority report being
offered as a substitute?
The PRESIDENT, It is a privilege conceded
under parliamentary rules fur the friends of
the measure to perfect it before the question is
brought to a vote of the convention,
Mr. BERRY. If this should be voted down,
as a substitute for the majority report, may 1


 
clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1039   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 06, 2023
Maryland State Archives