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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1677   View pdf image (33K)
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1677
EVENING SESSIONS.
The convention reassembled at 8 o'clock,
P.M.
The roll was called, and the following mem-
bers answered to their names:
Messrs. Goldsborough, President; Abbott,
Annan, Audoun, Baker, Barron, Belt, Bil-
lingsley, Blackiston, Brown, Carter, Clarke,
Cunningham, Cushing, Daniel, Davis, of
Washington, Dellinger, Dent, Duvall, Earle,
Ecker, Farrow, Galloway, Greene, Hebb,
Henkle, Hoffman, Hollyday, Hopkins, Hop-
per, Horsey, Keefer, Kennard, King, Lans-
dale, Larsh, Lee, Marbury, Markey, May-
hugh, McComas, Miller, Morgan, Mullikin,
Murray, Negley, Nyman, Parker, Parran,
Pugh, Purnell, Ridgely, Russell, Sands,
Schley, Schlosser, Scott, Smith, of Carroll,
Smith, of Worcester, Sneary, Stirling,
Stockbridge, Swope, Sykes, Thomas, Todd,
Turner, Wickard, Wooden—69.
On motion of Mr. EARLE,
The committee on engrossment and revi-
sion were permitted to meet during the ses-
sions of the convention.
MILITIA AND MILITARY AFFAIRS.
On motion of Mr. STOCKBRIDGE,
The convention then resumed the consid-
eration of the report of the committee on
militia affairs, which was on its second read-
ing-
section one was under consideration, hav-
ing been amended to read as follows :
"Sec. 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 en-
roled 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, but persons whose
religious opinions and conscientious scruples
forbid them to bear arms, shall be relieved
from doing so on producing to the proper au-
thorities satisfactory proof that they are thus
conscientious,"
Mr. NEGLEY. I do not see why one class
of our citizens should be exempted from mili-
tary duty, any more than another. I there-
fore move to amend the section by adding the
following:
"All married men between tin ages of
eighteen and forty-five years, who support
their families by their daily labor, shall, be
placed upon the same footing of exemption
as persons whose religious opinions and
conscientious scruples forbid them to bear
arms."
Mr. PUGH. I rise to a point of order. I
occurs to me that this amendment is incon-
sistent with the action already taken by the
convention upon this subject.
The PRESIDENT. That is for the conven-
tion to determine,
Mr. NEGLEY, I have no doubt it is ex-
tremely inconsistent with the gentleman's
ideas of what should be there. I do not see
what right the State of Maryland, or any
other State, has to make any distinction in
favor of one class of its citizens or another,
upon the ground of religious opinions or
scruples. I would ask the convention whether
there is not a very large class of people in the
State of Maryland whose families are de-
pendent upon their daily labor for their sup-
port? Whether it is not a matter of con-
science with those men to support their wives
and little ones? Yet by the action of this
house this class of our citizens can be torn
away from their families and dragged into
military service, while another class, who are
perhaps a great deal better off in respect to
this world's goods, or are perhaps a great
deal better able to perform military duty, are
exempted. Now, I know that in many por-
tions of the county in which I live, there are
numbers of stalwart young men who, under
the operation of this section, would be exempt
from military duty, and the State would not
be able to call for their services under any
circumstances. Yet there is another class
whose families, and whose children depend
upon their daily exertion for their support.
You take them away, but allow the others to
go free. I do not think this is fair, that it is
just, I think it is the duty of every person
to render that duty to his country which the
country demands. I do not believe in the
doctrine of exempting one class of citizens
from duty, and compelling another class to
perform that duty.
If this matter of individual conscience is to
exempt a man, then every man might have
conscientious scruples about shedding human
blood. And you would have no man in the
service of the State; the State would not pos-
sibly get any man to serve it. And as a mat-
ter of principle it is not right. Last night
we inserted that in our constitution which is
not in our present constitution. Why were
you not content to leave the matter as it was
in the old constitution? There are only two
sections about the military, and there as not
one word about exempting any class of citi-
zens from military duty. Why was not this
convention content to let the matter rest
where the old constitution left it? There is
legislation on the subject, and why not leave
it there?
Mr, STIRLING. Did not this report, as it
came from the committee, provide that every
able-bodied citizen should be liable to bear
arms?
Mr. NEGLEY. It was possible to amend that
so as to conform to the law as it now stands,
or to the constitution, and leave the whole
matter in the hands of the legislature, where
it ought to be. Just look at the operation of


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1677   View pdf image (33K)
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