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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1679   View pdf image (33K)
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1679
Upon this question Mr. LANSDALE called
for the yeas and nays, and they were ordered.
The question was then taken by yeas and
nays, and resulted—yeas 15, .nays 48—as
follows:
Yeas—Messrs. Belt, Billingsley, Blackiston,
Brown, Chambers, Clarke, Dent, Duvall, Hen-
kle, Hollyday, Horsey, Lansdale, Lee, Mar-
bury, Miller—15.
Nays—Messrs. Goldsborough, President ;
Abbott, Annan, Audoun, Baker, Barron,
Carter, Cunningham, Cushing, Daniel, Davis,
of Washington, Dellinger, Ecker, Farrow,
Greene, Galloway, Hebb, Hoffman, Hopkins,
Hopper, Keefer, Kennard, Larsh, Markey,
Mayhugh, McComas, Mullikin, Negley, Par-
ker, Pugh, Purnell, Ridgely, Russell, Sands,
Schley, Schlosser, Scott, Smith, of Carroll,
Smith, of Worcester, Sneary, Stirling, Stock-
bridge, Swope, Sykes, Thomas, Todd, Wick-
ard, Wooden—48.
The amendment was accordingly rejected.
Mr. DAVIS, of Washington. I move to strike
out the words "forty-five" and insert the
words "sixty-five." I do this for the benefit
of my colleague (Mr. Negley.) Under the
section as it now stands he is exempt from
military duty. And as he is very anxious
that everybody shall perform military duty,
I am sure he will vote for my amendment.
The question was then taken upon the
amendment of Mr. DAVIS, of Washington, and
it was rejected.
Mr. BELT. I move to amend the section by
adding the following:
"Provided, however, that no one shall be
regarded as being capable of serving in the
militia of this State, unless he shall first take
the oath prescribed in this constitution for
civil officers under the same."
Mr. HEBB moved the previous question on
the section, which was seconded and the main
question ordered.
The first question was upon the amendment
of Mr. BELT, and being taken the amendment
was rejected.
The question was then upon agreeing to the
section as amended.
Upon this question Mr. DENT called for the
yeas and nays, and they were ordered.
The question was then taken by yeas and
nays, and resulted—yeas 47, nays 15—as fol-
lows:
Yeas—Messrs. Goldsborough, President ;
Abbott, Annan, Audoun, Baker, Barron,
Carter, Cunningham, Cushing, Daniel, Davis,
of Washington, Dellinger, Ecker, Farrow,
Galloway, Greene, Hebb, Hoffman, Hopkins,
Hopper, Keefer, Kennard, Markey, Mayhugh,
McComas, Mullikin, Negley, Parker, Pugh,
Purnell, Ridgely, Russell, Sands, Schley,
Schlosser, Scott, Smith, of Carroll, Smith, of
Worcester, Sneary, Stirling, Stockbridge,
Swope, Sykes, Thomas, Todd, Wickard,
Wooden—47.
Nays—Messrs. Belt, Billingsley, Blackiston,
Brown, Chambers, Clarke, Dent, Duvall,
Henkle, Hollyday, Horsey, Lansdale, Lee,
Marbury, Miller—IS.
The section as amended was accordingly-
adopted.
Section two was then read as follows :
"Section 2. it shall be the duty of the
general assembly to provide for and perfect
from time to time the enrollment of the mili-
tia, and also for its effectual organization, and
to make for this purpose such a division of
the State into military districts as may secure
these results, and in so doing to especially
pass such laws as shall promote the formation
of volunteer militia associations in the city of
Baltimore, and every county, and to secure to
them such privileges or assistance as may af-
ford them effectual encouragement."
Mr. WICKARD, I move the following,
which is section three of the minority report,
as a substitute for this section :
"The general assembly shall provide for
organizing, equipping, and disciplining the
militia, in such manner as shall be most effec-
tive to repel invasion and suppress insurrec-
tion, not incompatible with the laws of the
United States."
The question being taken upon the substi-
tute, upon a division—ayes 45, noes not
counted—it was adopted.
Mr. RIDGELY. I move to further amend
this section by inserting after the words " the
general assembly shall provide " the words
" at its first session after the adoption of this
constitution."
Mr. STOCKBRIDGE. I hope that amendment
will not be adopted, unless there is something
else put with it. It imposes an obligation
upon the general assembly at its first session
but none thereafter. Practical defects by the
thousand may be developed as the system
progresses, but this amendment imposes no
obligation upon the general assembly to rec-
tify them. I hope the amendment will be so
changed as to impose a lasting obligation
upon the general assembly.
Mr. RIDGELY. I will modify the amend-
ment, BO that it shall read ' 'at its first session
after the adoption of this constitution, and
from time to time thereafter as the exigency
may require."
The amendment as modified was then adop-
ted.
Mr. STOCKBRIDGE. I move to amend the
section by transposing the words "' not incom-
patible with the laws of the United States,"
at the end of the section, to after the word»
"in such manner."
The amendment was adopted.
Mr. BELT. I desire to offer an amendment,
and I wish to Bay a word or two on it before
the vote is taken. I have no objection in the
world, excepting the general objection I have
stated here 80 often, to have a clause inserted
in the constitution, directing the legislature
to provide for organizing the militia of the


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1679   View pdf image (33K)
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