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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1082   View pdf image
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1082

ber must do certain things before he can put
himself in a position to act.
Mr. CHAMBERS. I do not see the difference
between prescribing an entire set of qualifica-
tions, and prescribing one particular point of
qualification. My own view is that the peo-
ple have an unlimited right to select whom
they please. This convention is a meeting of
the people. The theory of the convention is
that it represents the whole aggregate mass
of the voting population of the State. If
they were here in their primary capacity,
every individual vote in the State collected at
Annapolis, they would be what we are con-
sidered to be The constitution is their words,
and will be of no avail unless adopted by the
people. And the people who are to govern,
are the people who are to choose their repre-
sentatives. And according to my judgment
there should he no restraint upon them in
the exercise of that discretionary judgment.
The question recurred upon the amend-
ment of Mr, CHAMBERS.
Mr. PETER called for the yeas and nays
upon this question, and they were ordered.
The question being then taken by yeas and
nays; it resulted—yeas 15, nays 50—as fol-
lows :
Yeas—Messrs. Blackiston, Bond, Briscoe,
Chambers, Gale. Harwood, Johnson, Lans-
dale, Marbury, Miller, Morgan, Paran, Peter,
Turner, Wilmer—15.
Nays—Messrs. Goldsborough, President;
Abbott, Annan, Audoun, Baker, Brown;
Carter, Cunningham, Cushing, Daniel; Da-
vis, of Washington, Dellinger, Dennis, Earle,
Ecker, Farrow, Greene, Hatch, Hebb, Hop-
kins, Hopper, Horsey, Jones, of Cecil, Keefer,
Kennard, King, Larsh, Lee, Markey, McCo-
mas, Mullikin, Murray, Negley, Parker, Pugh,
Purnell, Robinette, Russell, Sands, Schley,
Smith, of Carroll, Smith, of Worcester,
Sneary, Stirling, Stockbridge, Swope, Sykes,
Valliant, Wickard, Wooden—50.
The amendment was accordingly rejected.
Mr. DANIEL. I will offer the following
amendment in older to bring up the question
directly. Insert before the words " be chosen
in the same manner," the words "have the
same qualifications, and." I do not propose
to argue the question at all. But I wish to
say simply that my own view is that mem-
bers of the convention ought lo have the
same qualifications that numbers of the le-
gislature have. I think the same reasons
that would prevent a i.ersou from holding a
seat in the senate or house of delegates,
should prevent him from holding a seat in
this convention. I therefore submit this
amendment.
The question was upon the amendment of
Mr. DANIEL.
Mr. BLACKISTON called the yeas and nays
ipon this question, and they were ordered,
The question was then taken by yeas and
1082
nays, and resulted—yeas 23, nays 43—as
follows:
Yeas—Messrs. Blackiston, Briscoe, Brown,
Chambers, Daniel, Gale, Greene, Hebb, Hop-
kins, Johnson, King, Lee, Marbury, Miller,
Morgan, Mullikin, Parker, Parran, Peter,
Robinette, Turner, Valliant, Wilmer—23.
Nays—Messrs. Goldsborough, President;
Abbott, Annan, Andoun, Baker, Bond, Car-
ter, Cunningham, Gushing, Davis, of Wash-
ington, Dellinger, Dennis, Earle, Ecker,
Farrow, Harwood, Hatch, Hopper, Horsey,
Jones, of Cecil, Keefer, Kennard, Lansdale,
Larsh, Markey, McComas, Murray, Negley,
Pugh, Purnell, Russell, Sands, Schley, Smith,
of Carroll, Smith, of Worcester, Sneary,
Stirling, Stockbridge, Swope, Sykes, Wick-
ard, Wooden—43.
The amendment was accordingly rejected.
Mr. MILLER, when his name was called,
said: I am anxious that this matter should be
settled in this constitution, so that this diffi-
culty shall not arise hereafter. .As the con-
vention by their previous vote, have deter-
mined that this matter shall not be left at
large to the people to send whom they please,
although it is a matter of indifference lo me,
I shall vote ''aye."
No further amendment was offered to the
second section.
Section three was then read as follows :
"Sec. 3. At the general election to be
held in the year one thousand eight hundred
and eighty-two, and in each twentieth year
thereafter, the question "Sball there be a
convention to revise, after or amend the con-
stitution?" shall be submitted to the electors
of the State; and in case a majority of all the
electors voting at such election, shall decide
in favor of a convention, the general assem-
bly at its next session shall provide by law
for the election of delegates, and the assem-
bling of such convention, us is provided in
the preceding section; but no amendment of
this constitution agreed upon by any con-
vention assembled in pursuance of this arti-
cle, shall take effect until the same shall havt»
been submitted to the electors of the State,
and adopted by a majority of those voting
thereon."
Mr. CHAMBERS. I move to strike out the
words ''eighty-two," and insert the words
seventy-two." I do not want to put off for
twenty years the opportunity for the people
to say whether they want a convention or
not.
The question being taken on the amend-
ment of Mr. CHAMBERS, it was not agreed to.
Mr. CHAMBERS. I move to amend the sen-
tence "and in fach twentieth year there-
after," by striking out the word "twentieth"
and inserting the word "tenth." I do' not
understand the principle upon which it is pro-
posed to thus abridge the privilege of the
good people of this State by restricting the
privilege of voting for a convention to once


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1082   View pdf image
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