different mode shall be prescribed by the law
creating the office. I see however that that
does not apply to vacancies.
Mr. SANDS. I will suggest merely that our
work may be symmetric and systematic, that
this should more properly come in between
the twenty-fifth and twenty sixth sections.—
The first section creates the orphans' court
and the second section defines its jurisdiction
and it seems to me more proper that we
should there provide for vacancies.
Mr. HEBB. The committee on revision can
arrange that.
The amendment was adopted.
On motion of Mr. STOCKBRIDGE,
The further consideration of the report was
postponed until to-morrow.
THE MILITIA.
On motion of Mr. STOCKBRIDGE,
The convention proceeded to the consider-
ation of the report of the committee on the
militia and military affairs, which was on
its second reading.
The first section was read as follows :
"Section 1, The militia shall be. composed
of all able bodied male citizens, residents of
this State, being eighteen years of age, and
under the age of forty-five years, who shall
be enrolled in the militia, and perform military
duty in such manner not incompatible
with the constitution and laws of the United
States, as may be prescribed by the general
assembly of Maryland."
Mr. RUSSELL submitted the following
amendment:
Section 1. Add at the end, "but persons
whose religious opinions or conscientious
scruples forbid them to bear arms shall be
relieved from doing soon producing to the
proper authorities satisfactory proof that
they are thus conscientious."
Mr, AUDOUN. I beg leave to call the atten-
tion of my friend to the second section of the
minority report, which provides for the class
of persons to whom he alludes, it is this :
''Sec. 2. Persons whose religious opinions
or conscientious scruples forbid them to bear
arms shall not be compelled to do so in time
of peace, but shall pay an equivalent for such
personal service."
Mr. PUGH. There is nothing there to pro-
vide for producing satisfactory proof,
Mr. RUSSELL. The object' of the amend-
ment I have introduced was to relieve a class
of persons who are conscientiously opposed
to bearing arms. They have heretofore un-
der former laws of the State, with the excep-
tion of the militia law passed by the last
legislature, had that privilege. There is a
class of persons in this State that are really
and truly conscientious against bearing arms,
and it is for their relief that I have on-red
this amendment. It is not for the benefit of
those who would counterfeit peace principles
or manufacture them for the occasion. It is |
for those who truly entertain peace principles,
and who have heretofore been relieved under
former laws or constitutional enactments,
and for them only that I have offered this
amendment. It has been very carefully
drawn up, so as to require the production of
satisfactory proof that they are thus consci-
entious, and would not include those who
are conscientiously opposed to this war in
preference to any other, but only those who
are really and truly conscientious with regard
to all war.
Mr. SCHLEY moved to amend the amend-
ment by adding the words "in time of peace,
but shall pay such equivalent for military
service as the general assembly may pre-
scribe."
Mr. RUSSELL. That will destroy the whole
object I had in view. They cannot render
any equivalent at all. You may as well let
the whole thing go, as to incorporate that
amendment.
Mr. STIRLING. I hope that amendment
will not be adopted. The law of this State
as it stood previous to the adoption of the
act of the last session exempted the Society
of Friends from bearing arms; and it has
been a provision that has been inserted in
most of the militia laws of this State. There
are in this State a large number of persons
belonging to the Society of Friends, and the
society of people called Dunkers, who are
; sincerely conscientious upon this subject.
There is no good to be accomplished by fore-
ing them to bear arms, and a vast amount
of harm might be dune by requiring them to
do it. The amendment which proposes a
commutation is not right. If it is right that
they should bear arms they should be made
to bear arms. If they have conscientious
scruples against bearing arms, I suppose they
wilt be equally strong against paying a com-
mutation tor the service, it is a serious
matter for the friends of the constitution to
settle, it is not improper for me to state that
the entire body of the people who desire to
be protected in their religious scruples by the
amendment of the gentleman from Harford
(Mr, Russell) are friends of this constitution ;
and their religious prejudices, feelings, or
wishes, ought to be consulted for that reason
if for no other. I am therefore both from
policy and from principle desirous that the
amendment of the gentleman from Harford
should prevail,. It may possibly require some
changes; but I think that substantially as it
is it ought lo be passed. I should prefer that
the word "religious" should be inserted be-
fore "conscientious." Will the secretary
read the amendment offered to the section by
the gentleman from Harford ?
The secretary read the amendment.
Mr. STIRLING. I think. that is all right,
and I hope that amendment will he adopted.
Mr. SCHLEY. I think that every citizen is
bound to bear arms in time of war; but 1 |
