make one less section to reconsider. For
am persuaded that before we get through
here the majority of us will find very grave
reasons for the postponement of the vote upon
this constitution.
Mr. STIRLING. I hope not.
Mr. SANDS. I hope we will.
Mr. STOCKBRIDGE, In answer to the inqui-
ry of the President, I would say that the
requirement of the code will be complied with
if notice of the election on the day named in
this section is given by the 17th of October.
The PRESIDENT. I knew the time would be
very close.
Mr. SANDS. If the time is not long enough,
how shall we provide for it?
Mr. STIRLING. If this constitution is sub-
mitted to the people the day before the Tues-
day after the first Monday in November, and
they adopt it, then it is the law. And if that
law says there shall be an election for mem-
bers of the general assembly on such a day,
what has the code to do with it? If the code
cannot be complied with, then so much the
worse for the code, that is all.
The PRESIDENT. The only effect would be
that it might dispense with the notice at subsequent
elections.
Mr. STOCKBRIDGE. The constitution does
not repeal the code; it only makes an excep-
tional provision in the constitution which
does or may not coincide with the code.—
And in that. case the code must give way to
the higher law.
Mi. BERRY, of Prince George's. If it is
provided in the constitution that the elec-
tion shall be held on a certain day, and that
overrides and repeals the provision in the
code, then what provision will apply at the
next election ?
Mr. STIRLING, It does not repeal the code.
But so far as relates to that day, it is impos-
sible to comply with the code, and the supreme
law must control. But at the next election
there will be no inconsistency, and both of
the laws will prevail. It is not a repeal of
the code, but merely that it becomes impos-
sible to comply with the code for this particu-
lar election.
Mr. SANDS. Will there be thirty days intervening
between the 15th of October, and
the day of the presidential election ?
Mr. STOCKBRIDGE. Certainly not.
Mr. SANDS, The code requires thirty
day's notice.
Mr. STOCKBRIDGE. No, sir; only twenty-
one days and the 17th of October will allow
that.
Mr. STIRLING Suppose we do submit the
constitution to the people on the day of the
presidential election. Can we not submit the
constitution to the people, and elect the offi-
cers under that constitution at the same time,
adopting the same course as was adopted in
regard to this convention ?
Mr. SANDS. That is true. Then the more |
I reason for leaving this blank until we have
decided upon the time for submitting this
constitution to the people. If we leave it
blank, then we will not be under the neces-
sity of going back and reconsidering our
work. I move to amend this section by
striking out the words "the Tuesday next after
the first Monday in November, in the year
eighteen hundred and sixty-four."
The question being taken upon the amend-
ment proposed by Mr, SANDS, it was rejected.
The question then recurred upon the substi-
tute for the second section, proposed by Mr.
MILLER.
Mr. BERRY, of Prince George's, asked for
the yeas and nays upon this question, and
they were ordered.
The question was then taken, by yeas and
nays, and resulted—yeas 19, nays 44—as
follows:
Yeas—Messrs. Berry, of Prince George's,
Billingsley, Bond, Davis, of Charles, Dennis,
Edelen, Harwood, Hollyday, Jones, of Som-
erset, Lee, Mitchell, Miller, Morgan, Ridgely,
Smith, of Dorchester, Thomas. Turner, Val-
liant, Wilmer—19.
Nays—Messrs. Goldsborough, President,
Abbott, Annan, Brooks, Carter, Cunning-
ham, Cushing, Davis, of Washington, Dellin-
ger, Earle, Ecker, Farrow, Galloway, Hatch,
Hoffman, Hopkins, Hopper, Jones, of Cecil,
Keefer, Kennard, King, Mace, Markey, May-
hugh, McComas, Mullikin, Murray, Parker,
Pugh, Purnell, Robinette, Russell, Sands,
Scott, Smith, of Worcester, Sneary, Stirling,
Stockbridge, Swope, Sykes, Thruston, Todd,
Wickard, Wooden—44.
The substitute was accordingly rejected.
Mr. SMITH, of Worcester, moved that the
convention take a recess; pending which—
LEAVE OF ABSENCE.
Mr. FARROW asked and obtained leave of
absence for a few days.
Mr. GALLOWAY asked and obtained leave
of absence.
Mr. RUSSELL asked and obtained leave of
absence until Monday night.
Mr. HOFFMAN. I am apprehensive I shall
not be here to-morrow.
The PRESIDENT. The convention cannot
vote upon apprehensions.
Mr. HOFFMAN. Then I will ask leave of
absence for to-morrow.
The question was taken upon granting
leave, and upon a division—ayes 44, noes
not counted—it was granted.
Mr. CUNNINGHAM Mined and obtained leave
of absence for to-morrow.
Mr. JONES, of Somerset. I would, suggest
tinder the circumstances of the case, whether
it would not be expedient to adjourn from
to-day until Monday at. 12 o'clock.
The PRESIDENT. The chair cannot pot
suggestions.
The question was then taken upon the mo- |
