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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1289   View pdf image (33K)
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1289
and of calmness, so far as it is possible in the
especial matter which is now before the con-
vention, With the view that we may have
a fuller house—with the view also that we
may fully understand the proposition—that
we may Dave it before us in a printed form,
open to amendment or suggestion, I most re-
spectfully request that this section may be in-
formally passed over this morning
Mr. STOCKBRIDGE. I desire to make an in-
quiry of my colleague, who proposed this
amendment. It is impossible in a single
reading to gather the full force of such an
amendment as this; but it occurred to me
that the oath which be would prescribe is al-
most identical with. that imposed in the law
under which this convention is assembled,
and which was taken by all its members.
I wish to learn whether that is not the
case,
Mr. STIRLING. It is identical with it—that
is, it includes that; but it goes further than
that, and adds some other proposition to it.
I will state that I wish to do nothing that is
not well considered by others as I have my-
self considered what I have proposed to the
convention. I have no objection whatever
to allowing this matter to go over long enough
to have these entirely n^^ matters printed
on the journal, it there is any other business
to take up, so that it may be seen in print
before it is put into the constitution.
Mr. SANDS. Having been absent yester-
day, when the first portion of this report was
acted upon, having heard none of the views
expressed then, and having simply heard the
amendment offered by the gentleman from
Baltimore city read, I do not myself feel
prepared to act upon it. Although I may
differ in some of my views from the gentleman
from Somerset (Mr. Jones,) I think it
would be wise to postpone this matter tor a
careful, deliberate consideration. I will
move that this section be informally passed
over, in accordance with the suggestion of
the gentleman from Somerset, and shall be
glad to have that suggestion complied with.
The PRESIDENT. Reports for the minority
of a committee are never printed in bill form
except by special order. If no such order is
made it will merely be printed upon the
journal.
Mr. STIRLING gave notice that when the sec-
tion was again considered, he would submit
the following amendment;
Amend by adding at the end of the sec-
tion:
"And every person holding any office of
trust or profit under the late constitution who
shall be continued in office under this consti
tution, shall within thirty days after this con
stitution shall have gone into effect, take and
subscribe the oath or affirmation above set
forth, and if any such person shall fail so to
do his office shall be ipso facto vacant."
Mr. STOCKBRIDGE gave notice that when the
section was again considered, he would sub-
mit the following amendment:
Amend by inserting after " given," in line
fourteen:
"Nor have been guilty of voting illegally,
nor concurred in any fraud, force, surprise or
bribery, nor has any other person with my
privity, consent or procurement, been guilty
of or accessory to any illegal voting or fraud,
force, surprise or bribery in procuring my
own or any other nomination or election to
any office."
The motion to pass over the fifth section
informally was agreed to.
CRIMINALS AND LUNATICS.
The sixth section was read, as follows:
"Section 6. That no person above the age
of twenty-one years, convicted of larceny or
other infamous crime, unless he shall be par-
doned by the executive, shall ever thereafter
be entitled to vote at any election in this
State, and no person under guardianship as a
lunatic, or a person non compos mentis, shall
be entitled to vote." •
Mr. STOCKBRIDGE submitted the following
amendment:
Strike out the word "that," in the first
line.
The amendment was agreed to.
Mr. CUSHING submitted the following amend-
ment ;
Strike out all to the words "no person,"
in the fifth line,
Mr. CUSHING said: I will give my reasons
for that motion. If a man is convicted of
any crime, and is sentenced, that sentence is
decided by the law to be a sufficient punish-
ment for the crime of which he is convicted ;
and I see no reason why there should be
added to that a disfranchisement for all time,
debarring the man for all time of all chance
of reform, and all opportunity of becoming
again a good and respectable citizen,
Mr. STIRLING. I cannot agree with my col-
league in the theory he has expressed, and 1
cannot support his amendment. I should
have no objection to an amendment to allow
the legislature power to restore a man to the
right of voting, should he subsequently be-
come a good man. But I do not think he
should be restored simply because he has
served out his time in the penitentiary, with-
out any alteration in his conduct.
Mr. SANDS. I agree with my friend, that
the criminal should suffer the full penalty of
the law; but these crimes have a double pen
ally—a constitutional and a statutory pen-
alty.
Mr. CUSHING. I wish to strike out the con
stitutional penalty.
Mr. SANDS. The penalty the law prescribed
is disfranchisement; and whatever term of
3 imprisonment may be allotted under the«
statute. I believe the idea is a good one, to
bold wide open the door of reform, and I do


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1289   View pdf image (33K)
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