Yeas—Messrs. Belt, Berry of Prince George's,
Billingsley, Blackiston, Bond, Briscoe, Brown,
Clarke, Crawford, Dail, Davis of Charles, Edelen,
Harwood, Henkle, Hodson, Hollyday,
Horsey, Johnson, Jones of Somerset, Marbury,
Mitchell, Miller, Morgan, Parran, Peter, Smith
of Dorchester, Wilmer—27.
Nays— Messrs. Goldsborough, President;
Abbott, Annan, Audoun, Baker, Barran,
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 being taken upon article 3d,
it was adopted on its second reading. .
Article 4th was read as follows :
Art. 4. The Constitution of the United States
and the laws made in pursuance thereof being
the supreme law of the land, every citizen of
this State owes paramount allegiance to the
Constitution and government of the United
States, and is not bound by any law or ordi-
nance of this State in contravention or sub-
version thereof.
Mr. BILLINGSLEY. I was not in the Con-
vention at the time the Chairman of the Com-
mittee on the Declaration of Rights presented
this report. I find on my table a minority re-
port, of which Judge Chambers is the chair-
man. He is now in attendance upon an ec-
clesiastical convention in the city of Balti-
more; and I think as an act of courtesy at
least, this article should be passed over until
his return. I ask it as a matter of courtesy
on the part of the House,
Mr. STIRLING. I would suggest that to
meet the necessity of the case, it be understood
that this section be passed over until we get
to the conclusion of the articles. There are
other sections to be considered which may
take up the rest of the day. I propose that
this section be passed over informally.
Mr, CLARKE. With the understanding that
it will be open to amendment when taken up.
By unanimous consent, article 4th was
passed over informally.
Article 5th was read as follows :
Art. 5. That all persons invested with the
legislative or executive powers of government
are the trustees of the public, and as such, ac-
countable for their conduct; wherefore, when-
ever the ends of government are perverted
and public liberty manifestly endangered, and
all other means of redress are ineffectual, the
people may and of right ought to reform the
old or establish a new Government. The
doctrine of non-resistance against arbitrary |
power and oppression is absurd, slavish and
destructive of the good and happiness of
mankind.
Mr. THRUSTON called for the previous ques-
tion.
Mr, CLARKE, I rise to a question of order)
whether upon the reading of a section it is
in order to call the previous question prior to
any amendment being submitted, 1- offered
an amendment of the rules to provide for just
this case. that upon the second reading the re-
port shall be open to amendment.
The PRESIDENT. The Chair rules that the
point of order taken by the gentleman from
Prince George's is correct. The object in
legislation is to allow amendment on the sec-
ond reading.
Mr. KING moved to amend by striking out
the last sentence of the article.
Mr. STIRLING. I am sorry my friend has
thought proper to offer that amendment, and
I hope it will not be adopted. It is not neces-
sary to argue that proposition. I understand
perfectly well the suggestion in iris mind.
This is a proposition that, like a great many
others in this Declaration of Rights, is per-
verted, and they appear, like per versions of
Scripture, to be damnation to those that per-
vert them. The doctrines our forefathers es-
tablished have been attempted to be strained
to certain ends, to which, in my judgment, as
well as in that of the gentleman from Balti-
more county (Mr. King) those doctrines do
not necessarily tend, I am not disposed to
let any subsequent events draw me away from
the sound foundations which the fathers of
this government established. If other people
have stepped aside from those principles, and
gone down under the quicksands that surround
them, they may sink. I stand, and hope this
Convention will stand, upon a rock. This
proposition is one which our fathers established
this government in order to maintain.
The doctrine that if power is oppressive it
ought to be resisted, is true. if people resist
power when it is no! oppressive, and make un-
justifiable revolutions, they ought to go down.
The doctrine that it is the right of mankind
everywhere to resist oppression is as true now
as on the day it was first asserted. I hope the
Convention will not put itself in the condi-
tion of refusing to recognize what the men
that built up this 'Republic planted in their
organic law,
Mr. KINS. I thought upon reading over
the article, that those words were entirely
unnecessary, and that it would read better
without them.
The amendment was rejected.
Articles 6th to 13th inclusive were read,
and no amendments were offered.
Article 14th wars read as follows:
" Art. 14. That the levying of taxes by the
poll is grievous and oppressive, and ought to
be abolished; that paupers ought not to be
assessed for the support of the Government, |
