tors and representatives, at which time the
same shall be submitted to the electors for
their approval or rejection; and if a majority
of the electors voting at such election shall
adopt such amendments, the same shall be-
come a part of the constitution. When more
than one amendment shall be submitted at
the same time, they shall be so submitted as
to enable the electors to vote' on each amend-
ment separately."
No amendment being offered to this sec-
tion, section two was read as follows ;
"Section 2. Whenever two-thirds of the
members elected to each branch of the general
assembly, shall think it necessary to call a
convention to revise, amend or change this
constitution, they shall recommend to the
electors to vote, at the next election for mem-
bers of the general assembly, for or against a
convention; and if a majority of all the elec-
tors voting at said election, shall have voted
for a convention, the general assembly shall,
at their next session, provide by law for call-
ing the same. The convention shall consist
of as many members as both houses of the
general assembly, who shall be chosen in the
same manner, and shall meet within three
months after their election, for the purpose
aforesaid."
Mr. MILLER. I move to strike out the words
"two-thirds" and insert the words "three-
fifths," in the first line of this section. I do
not see the chairman of the committee (Mr.
Todd) in the convention this morning. But I
think this portion of the constitution should
be made uniform with ilself. In the first sec-
tion three-fifths of the members elected to the
two branches of the legislature are allowed to
propose amendments to the constitution. I
propose that this section be amended so that
the game number of members shall have pow-
er to pass a law calling a convention to revise
the constitution.
The question being then taken upon the
amendment of Mr. MILLER, it was rejected.
Mr, CHAMBERS. The last clause of this sec-
tion reads as follows:
"The convention shall consist of as many
members as both houses of the genernl assem-
bly, who shall be chosen in the same manner,
and shall meet within three months after their
election, for the purpose aforesaid."
I would suggest to the chairman of the
committee whether it was designed to state
that the qualifications should be the game.—
There has been some difficulty in regard to
the last act of the general assembly upon this
subject. And while in our power, this diffi-
culty might as well be provided for, and we
should state what the qualications of mem-
bers of future conventions shall be. It can
be done by inserting after the words "have
the same qualifications and," before the words
"be chosen in the same manner," so that the
sentence will read, "who shall have the same
22 |
qualifications and be chosen in the same
manner."
Mr. McCOMAS. I would state, in the ab-
sence of the chairman of the committee (Mr.
Todd,) that this point was not spoken of at
all in the committee, I believe. It was left
to the legislature to fix the qualifications.
Mr, STIRLING. I should be decidedly op-
posed to putting in a provision that the mem-
bers of a constitutional convention should
have the qualifications necessary for members
of the legislature. I do not see any reason
why, in reforming the organic law, the peo-
ple should not have the right to send any-
body they choose. I think it might be well
to clear the question up by putting something
in here. I suppose that if you say nothing
about it, that will amount to saying that the
people shall have the right to determine the
question for themselves. There has been a
precedent set by two conventions, which I
think is not likely to be overborne.
Mr. CHAMBERS. My object is to avoid the
difficulty we now experience. The report of
the committee on elections has not yet been
made. It is perfectly known to members on
this floor, the operations on this floor has
disclosed this fact, that there is no power in
the legislature to control the people in this
matter. I entirely concur in the doctrine of
the gentleman from Baltimore city (Mr.
Stirling,) that the people have a right to
send whom they please. Although the legis-
lature has attempted to restrict this conven-
tion, and to say that the people should be
represented alone by persons competent to
hold seats in the legislature, still I do not
think any such provision can impose any such
restraint upon us at all. But I do think
it advisable to avoid what is now manifest, a
difference of opinion in regard to the charac-
ter of those who should be sent here. I
think it is necessary to insert something to
prevent the legislature from attempting to
impose restrictions as they have done. I
submit to the majority of the house the pro-
priety, if it is thought proper—and I am
one of those who think so—to throw the
door open to any individual of competent
age, that the people may choose to send here,
of having it so expressed here that the legis-
ture cannot even attempt to counteract our
purpose, I propose therefore to add to this
section the words, "and no restriction shall
be imposed by the legislature as to the quali-
fication of the persons to be chosen as dele-
gates to such convention,''
Mr. STIRLING. I cannot support that
amendment. The legislature has certainly a
right to provide for the organization of the
convention by saying what oath the mem-
bers shall be required to take, though they
cannot say that because a man holds a par-
ticular office he shall not be a member of the
convention. But they can say that a mem- |
