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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1134   View pdf image (33K)
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1134
alty of that paper I presume will not be dis-
puted.
Mr. KENNARD. Was not the article to
which the gentleman now refers one copied
into that paper?
Mr. CLARKE. No, sir; it was an original
article appearing in the lntelligencer. That
sheet is regarded as a loyal sheet, never
known even to assimilate with copperhead-
ism.
Mr. DANIEL. It is always regarded as a
copperhead organ.
Mr. CLARKE. That is not my understand-
ing of copperhead. As I was saying, as
soon as these resolutions came out, that paper
announced that they would not be carried
out, and the announcement was taken up by
other sheets throughout the north. And 1
regard it as an insult to the President of the
United States, with all his powers and duties
under the constitution of the United States,
for this convention to undertake to instruct
him in reference to those duties. If he has
the power and thicks it necessary, he can
exercise that power. But we can give him
no such power, and we are only undertaking
to invade his rights and his prerogative.
Some time has passed, and f have yet to
learn that the President has issued any order
carrying out these resolutions.
We desire the protest to go upon the rec-
ord, for the reason that these resolutions are
not the action of the federal government, but
a demand made by a portion of the citizens
of the State of Maryland to do this. And
when that demand is made by a portion of
the citizens of this State, we desire that these
views that we have recorded in this solemn
form shall go along with them to the Presi-
dent of the United States; and I will do the
President of the United States the justice to
say, that before he will carry out the mere
demands made by a majority' of this house,
I believe he will consider the rights and
views embraced in this protest, and the
rights and views of the majority of the people
of this State, and consider properly his du-
ties under the constitution of the United
States to administer the laws as passed by
Congress; his duty to see that the laws
are faithfully carried out, and not to inangu-
rate a system of that. sort; which establishes
a military law and despotism throughout the
State, warranted by no principle of constitu-
tional law, warranted by no principle of
justice or equity,
Mr. STIRLING I do not inlend to debate
this question. I made some allusion a while
ago to this paper referring to the previous
question and the manner in which it was
moved. I should like to know what this pro
test is. I understood the gentleman from
Kent (Mr. Chambers) as reading the protect
But it seems now that the part about the
previous question was his speech. Where is
the protest? Let us hear it.
The protest was again read by the secre-
tary.
Mr. STOCKBRIDGE. Either the passage of
the resolutions referred to was the action of
the convention or it was not. If they were
adopted by certain individuals only, thirty-
three or forty-one, then there is no right to
protest against it. The only ground upon
which their passage can be protested against,
is that it is the action of the convention. I
do not think the statement of fact is true.
Mr, STIRLING, All I have to say about that
is this: whether the protest ought to he placed
upon our journal or not, and whatever rights
the minority may have in regard to this mat-
ter, so far as I am concerned 1 cannot vote to
put that protest upon the journal. In the
first place what does it say? It says that
"whereas a certain order was adopted by
thirty-three delegates to this convention."—
Now that is not proper. They ought to have
said, "whereas an order was adopted by this
convention;" for unless they say that they
have no right to protest. The very founda-
tion of their right to protest is that. as mem-
bers of the convention, they object to some-
thing the convention has done.
Now, what is the reason they do not say
that the order was adopted by the conven-
tion? Because they wanted tp put upon that
record the fact that there were only thirty-
three votes for it,. The gentleman from Kent
(Mr. Chambers) may complain of the language
or the motives attributed to him by the gen-
tleman from Frederick (Mr. Schley) as much
as he pleases. But I say the reason why the
expression "delegates." and not "conven-
tion" was used; and the reason why the
votes are given, is to make the argument that
this was the individual action of a small por-
tion of this body. That is the tendency and
the effect of it. What is the meaning of the
statement that the order was adopted by thir-
ty-three delegates of this body? It might
mean that it was the action of a caucus
merely.
So far as the rest of the protest is concerned,
I was under some misapprehension when I
spoke the first time, because the gentleman
from Kent was reading all the time, and I
thought he was reading the protest. All this
about the previous question I see was entire-
ly outside of the protest. If these gentlemen
will put this protest in language which I
f think is respectful to this body, and state the
mere fact that certain orders were adopted by
this convention against which they desire to
protest, and state briefly the reasons of that
protest, then I do not care whether it goes on
the journal or not, 1 conceive it is my right
to say whether or not it shall go there; and I
do not believe there is any necessity for its
going there. The main portion of this pro-
test has already been placed upon the records
of this body, by the resolution of the gentle-
man from Prince George's (Mr. Belt.) His


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1134   View pdf image (33K)
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