—' 'for their adoption or rejection, at
such time, in such manner, and subject to
such rules and regulations as said convention
may prescribe; and the provisions hereinbe-
fore contained for the qualification of voters
and the holding of elections provided in the
previous section of this act. shall be applica-
ble to the election to be held under this sec-
tion."
They attach an additional qualification to
the elective franchise in the very act calling
the convention together, as clearly as the sun
shines, because there is nothing in the consti-
tution of Maryland which at all gives them
the right to attach this additional qualifica-
tion; and they say that in addition to the
qualifications which the voter must have un-
der the constitution of Maryland, be must
come forward and take this oath which they
prescribe. That, according to the gentleman
from Kent, and the gentleman from Anne
Arundel, is the additional qualification which
they pronounce unconstitutional. They pro-
nounce that additional qualification unconsti-
tutional, and yet—
Mr. MILLER. I did not say any such thing.
I did not say that was unconstitutional at
all.
Mr. NEGLEY. You admit that that was
constitutional then?
Mr. MILLER. I say that the provisions of
the convention bill, having been adopted by
the people by their vote, became, as the gen-
tleman from Baltimore county (Mr. Ridgely)
Bays, the fundamental law of this conven-
tion.
Mr. NEGLEY. Yes, sir; it becomes the
fundamental law of this convention, and yet
before that was submitted to the people, a
qualification for the voter was prescribed in
it, not recognized in the constitution of Ma-
ryland, the qualification of an oath; while
the constitution of Maryland did not make
any provision for such an oath as is prescribed
in this constitutional convention law. This
is an additional qualification; and they had
no authority under the constitution for it.
But the gentleman admits that that being
submitted to the people, and the people hav-
ing voted upon it, it is a part and parcel of
the constitution of Maryland now, so far as
we are acting under this convention law.
Now what do we propose to do? What
did this sixth section say? It says that this
additional provision, this qualification of
voters, shall attach to the voter who votes
upon the constitution which this convention
may framer that the additional qualification
which this last legislature of Maryland fixed
upon the exercise of the elective franchise in
voting for the convention, shall attach to the
party who votes for this constitution that is
framed by this convention. According to
the theory of the gentleman from Anne
Arundel, that means the additional oath pre-
scribed by the convention law and gives us |
the power to prescribe that same oath in the
adoption of this constitution by the people.
Then what does the sixth section further
say? It goes on to say, as the gentleman
from Baltimore county (Mr. Ridgely) prop-
erly declares, that it shall be submitted, "sub-
ject to such rules and regulations as the said
convention may prescribe." That is aclear
and unquestioned power granted to this con-
vention to prescribe an additional oath;
which we have done in this schedule. It is an
unquestioned power given to this convention
to make such additional rules, such additional
regulations, and to throw such additional
qualifications around the elective franchise as
we may deem right and proper when we come
to submit the constitution to the vote of the
people. So that strictly and legally we have
that clear unquestioned right; and we have
not at all transcended any powers conferred ;
we have not assumed any. We have the
power of the constitution; we have the au-
thority of the law calling this convention
together in the qualification which they pre-
scribe; and we have the power clearly and
indubitably conferred by the sixth section of
the convention bill to prescribe such qualifi-
cations as we may deem proper. I shall vote
for that under the firm and absolute convic-
tion that it is all according to law, and all
according to authority of the very highest
kind; that we violate no law; that we strain
no point; that we do nothing illegal at all
in fixing this qualification.
Mr. DUVALL moved that the convention ad-
journ.
The question being taken, the result was—
ayes 20, noes 22.
The motion wag accordingly rejected.
No quorum having voted,
Mr. HEBB moved a call of the house, and
the call was sustained.
The call of the roll having been commenced
by the call of the president's name, and his
response,
Mr. AUDOUN moved that further proceed-
ings under the call be dispensed with.
The motion was agreed to.
Mr. ABBOTT called for the previous question.
The PRESIDENT. The motion to adjourn is
not decided yet.
Mr. CUSHING. A quorum is not necessary
to decide amotion to adjourn.
The question bring again taken upon the
motion to adjourn, it Was rejected.
Mr. BRISCOE submitted the following
amendment:
Add to the first section :
"And at said election a vote upon the
adoption or rejection of the fortieth section
s of the article on the legislative department
•) be submitted and taken separately and apart
s from all other sections therein, and if upon
- the casting up of the votes thereon it shall
• appear that a majority of the voters of this |
