The PRESIDENT, The numbering will he
directed by the President. That is considered
as a clerical matter. No independent section
can now be submitted to the Convention.
The third article was read as follows :
"Art. 3. That the inhabitants of Mary-
land are entitled to the common law of Eng-
land, and the trial by jury according to the
course of that law, and to the benefit of such
of the English statutes as existed on the fourth
day of July, seventeen hundred and seventy-
six, and which, by experience, have been
found applicable to their local and other circumstances,
and have been introduced, used
and practiced by the courts of law or equity,
and also of all Acts of Assembly in force on
the first day of June, eighteen hundred and
sixty-four, except such as may have since ex-
pired or may be inconsistent with the provi
sions of this Constitution, subject neverthe-
less, to the. revision of and amendment or re-
peal by the Legislature of this State; and the
inhabitants of Maryland are also entitled to
all property derived to them from or under
the charter granted by his Majesty, Charles
tine First, to Cecilius Calvert, Baron of Balti-
more."
Mr. MARBURY moved to amend by adding
the words "as well in times of war as in
times of peace."
Mr. JONES, of Somerset, moved to amend
the amendment by inserting before it the
words,
"And all other property which they have
acquired and hold under the Constitution and
laws of this State and the Constitution and
laws of the United States."
Mr. MARBURY accepted the amendment.
The question was stated upon the first branch
of tine amendment being the portion moved
by Mr. Jones.
Mr. CLARKE called for the yeas and nays,
which were ordered.
The question being taken the result was—
yeas 27, nays 57—as follows :
Teas—Messrs. Belt, Berry of Prince George's,
Billingsley, Blackiston, Bond, Briscoe. Brown,
Clarke, Crawford, Dail, Davis of Charles, Ed-
elen, Harwood, Henkle, Hollyday, Horsey,
Johnson, Jones of Somerset, Lee, Marbury,
Mitchell, Miller, Morgan, Parran, Peter,
Smith of Dorchester, Wilmer—27.
Nays— Messrs. Goldsborough, President;
Abbott, Annan, Audoun, Baker, Barron,
Brooks, Carter, Cunningham, Cushing, Dan-
iel, Davis of Washington, Dellinger, Earle,
Ecker, Farrow, Galloway, Greene, Hatch,
Hebb, Hoffman, Hopkins, Hopper Jones of
Cecil, Keefer, Kennard, King, Markey, McCo-
mas, Mullikin, Murray, Negley, Noble, Ny-
man, Parker, Pugh, Purnell, Ridgely, Robi-
nette, Russell, Sands, Schley, Schlosser,
Scott, Smith of Carroll, Smith of Worcester,
Sneary, Stirling, Stockbridge, Swope, Sykes,
Thomas, Thruston, Todd, Valliant, Wickard,
Wooden—57. |
So the amendment was rejected.
The question was stated upon the latter
branch of the amendment, being the portion
submitted by Mr. Marbury.
Mr. MARBURY demanded the yeas and nays
and they were ordered.
The question being taken the result was—
yeas 28 nays 57—as follows ;
Yeas—Messrs. Belt, Berry of Prince George's,
Billingsley, Blackiston, Bond, Brown, Briscoe,
Clarke, Crawford, Dail, Davis of Charles, Ed-
elen, Harwood, Henkle, Hodson, Hollyday,
Horsey, Johnson, Jones of Somerset, Lee,
Marbury, Mitchell, Miller, Morgan, Parran,
Peter, Smith of Dorchester, Wilmer—28.
Nays—Messrs. Goldsborough, President;
Abbott, Annan, Audoun, Baker, Barron,
Brooks, Carter, Cunningham, Cushing, Dan-
iel, Davis of Washington, Dellinger, Earle,
Ecker, Farrow, Galloway, Greene, Hatch,
Hebb, Hoffman, Hopkins, Hopper, Jones of
Cecil, Keefer, Kennard, King, Markey, McCo-
mas, Mullikin, Murray, Negley, Noble, Ny-
man, Parker, Pugh, Purnell, Ridgely, Robi-
nette, Russell, Sands, Schley, Schlosser, Scott,
Smith of Carroll, Smith of Worcester, Sneary,
Stirling, Stockbridge, Swope, Sykes, Thomas,
Thruston, Todd, Valliant, Wickard, Wooden
—57.
So the amendment was rejected.
Mr. CLARKE, when his name was called,
said: With the understanding that it is the
right of the government to take property pro-
vided it pays for it, I vote—aye.
Mr. PARRAN, when his name was called,
said: I agree with (lie gentleman from Prince
George's (Mr. Clarke) that in time of war the
government has a right to take private prop-
erly, making compensation therefor; and 1
therefore vote—aye.
Mr. PETER. when his name was called,
said: My view of this subject is that the gov-
ernment through its public officers has the
right to take land or private property for the
general good of the public; but they must do
it by just compensation. This I understand
to ire the meaning of our bill of rights and of
the Constitution of the United States. Ac-
cording to this explanation I vote—aye.
Mr. SCOTT, when his name was called, said :
With the understanding that when the gov-
ernment chooses to take property of enemies,
they can do it without pay. I vote—no.
The vote having been announced,
Mr, BELT moved to amend the section by
adding at the close the following: "And that
no right of property now lawfully held in
this State, ought to be destroyed or impaired
without compensation to the owners thereof."
Mr. SCHLEY called for the previous question,
which was ordered.
Mr. BERRY, of Prince George's, demanded
the yeas and nays on the amendment, which
were ordered.
The question being taken the result was—
yeas 27, nays 57—as follows: |
