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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1603   View pdf image (33K)
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1603
On motion of Mr. HATCH,
It was ordered to be entered on the journal
that had Mr. Hatch been in his seat yesterday
he would have voted against the section added
to the judiciary article, providing a system
of involuntary apprenticeship, and in favor
of the amendment which was offered thereto
designed to secure such apprentices educa-
tion so as' to enable them to read and write.
Mr. ABBOTT submitted the following reso-
lution :
Resolved, That in view of the uncertain
condition of affairs in this State, owing to the
possibility of an invasion by the public ene-
my, which may interfere with the expression
of the popular will on the day to be fixed for
voting on this constitution, that this conven-
tion, when it adjourns without day, will be
adjourned subject to the call of the president,
and in case of the death or disqualification
of the president (H. H Goldsborough,)
Frederick Schley, of Frederick county, Jo-
seph B. Pugh, of Cecil county, Henry Stockbridge,
of Baltimore city, Wm T. Purnell,
of Worcester county, be and they are here-
by authorized, in the order in which they are
named, to act as president, and call the con-
vention together;
Which was read the first time.
Mr. RIDGELY, from the committee on the
schedule, submitted the following report,
which was read the first time:
The committee on the schedule ask leave
respectfully to make the following report :
ARTICLE —.
Schedule.
Section 1. Every officer of the State, the
entire amount of whose pay, or compensation
received for the discharge of his official du-
ties, shall exceed the yearly sum of three
thousand dollars, except wherein otherwise
provided by this constitution, shall keep a
book, in which shall be entered every sum or
sums of money received by him, or on his
account, as a payment, or compensation for
his performance of official duties, a copy of
which entries in said book, verified by the
oath of the officer, by whom it is directed to
be kept, shall be returned yearly to the treas-
urer of the State, for his inspection and that
of the general assembly of the State, and
each of said officers, when the amount re-
ceived by him tor the year shall exceed three
thousand dollars, shall yearly pay over to
the treasurer of the State, the amount of such
excess by him received, subject to such dis-
position thereof as the general assembly may
direct. Any such officer failing to comply
with this requisition, shall be deemed to have
vacated his office, and be subject to suit by
the State, for the amount that ought to be
paid into the treasury.
Sec. 2. The common law and statute law
now in force, and not repugnant to this con-
stitution, shall remain in force, until they
expire by their own limitation, or are altered
by the general assembly.
Sec. 3. The several courts, except as herein
otherwise provided, shall continue with like
powers and jurisdiction, both at law and in
equity, as it this constitution had not been
adopted and until the organization of the
judicial department, provided by this consti-
tution.
Sec. 4. The general assembly shall have
power to pass all such laws as may be neces-
sary and proper for carrying into execution
the powers vested by this constitution, in
any department or office of the government,
and the duties imposed upon them thereby.
Sec. 5. If on any election" directed by this
constitution, any two or more candidates
shall have the highest and equal number of
votes, a new election shall be ordered, except
in cases specially otherwise provided by this
constitution.
Sec. 6. In the trial of all criminal cases,
the jury may be the judges of law as well as
fact.
Sec. 7. The trial by jury of all issues of
fact in civil proceedings, in the several courts
of this Static, where the amount exceeds the
sum of five dollars, shall be inviolably pre-
served.
Sec. 8. The general assembly shall have
power to regulate by law, not inconsistent
with this constitution, all matters which re-
late to the judges of election, time, place,
and manner of holding elections in this State,
and of making return thereof.
Sec. 9. All officers, civil and military, now
holding office, whether by election, or appointment
under the State, shall continue to hold
and exercise their offices according to their
present tenure, unless otherwise provided in
this constitution, until they shall be super-
seded pursuant to its provisions and until
their successors be duly qualified, and the
compensation of such officers which has been
increased by this constitution, shall take effect
from the first day of January, 1865.
VOTE ON THE CONSTITUTION.
Section I For the purpose of ascertaining
the sense of the people of this State, in re-
gard to the adoption or rejection of this con-
stitution, the Governor shall issue his procla-
mation within five days after the adjournment
of this convention directed to the sheriff of
the city of Baltimore, and to the sheriffs of
the several counties of this State commanding
them to give notice in the manner now pre-
scribed by law, that an election will be held
in the city of Baltimore and in the several
counties of the State, at the usual places of
holding elections in said city and counties,
for the adoption or rejection of this constitu-
tion, on the twelfth day of October, in the
year eighteen hundred and sixty-four, which
election shall be held between the hours of
eight o'clock, A. M., and six o'clock, P. M.,


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1603   View pdf image (33K)
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