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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1748   View pdf image (33K)
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1748
Mr. THOMAS asked and obtained leave of
absence.
The convention then took a recess until
half-past three o'clock, P. M.
AFTERNOON SESSION.
The convention reassembled at half-past 3
o'clock, P. M.
The roll was called, and the following
members answered to their names ;
Messrs, Goldsborough, President; Annan,
Audoun, Baker, Barron, Belt, Billingsley,
Blackiston, Brooks, Chambers, Clarke, Craw-
ford, Cunningham, Cushing, Dail, Davis, of
Charles, Davis, of Washington, Dellinger,
Dent, Earle, Ecker, Edelen, Galloway, Greene,
Hatch, Hebb, Henkle, Hollyday, Horsey,
Johnson, Jones, of Cecil, Kennard, King,
Lansdale, Lee, Marbury, Markey, McComas,
Mitchell, Morgan, Mullikin, Murray, Nyman,
Parker, Parran, Pugh, Purnell, Russell, Scott,
Smith, of Carroll, Smith, of Dorchester,
Smith, of Worcester, Sneary, Stirling, Stock-
bridge, Swope, Thomas, Todd, Turner, Val-
liant, Wickard, Wilmer, Wooden—63.
LEAVE OF ABSENCE.
Mr. WICKARD. On yesterday I asked leave
of this convention to be absent until this
morning, but the vote was rather equivocal,
and I declined going last evening. I now
ask leave to be absent until to-morrow morn-
ing.
Leave was accordingly granted.
SCHEDULE.
The convention then resumed the consid-
eration of the report of the committee on the
schedule, which was on its second reading.
VOTE ON THE CONSTITUTION.
The section under consideration was the
following":
" At the said election, the vote shall be by
ballot, and each ballot shall describe thereon
the words 'for the constitution,' or 'against
the constitution,' as the voter may elect, and
it shall be conducted in all respects as the
general elections of this State are now con-
ducted. The judges of election shall admin-
ister to every person offering to vote, the
oath or affirmation prescribed by this consti-
tution, and should any person offering to
vote refuse or decline to take said oath, he
shall not be permitted to vote at such elec-
tion, but the taking of such oath or affirma-
tion shall not bedeemed conclusive evidence
of the right of such person to vote; and it
shall be the duty of the return judges of said
city and of the several counties of the State,
having counted the votes given for or against
the adoption of this constitution, to certify
the result thereof in the manner now pre-
scribed by law, accompanied with a special
statement that every person, who has voted,
has taken the oath or affirmation prescribed
by the constitution; and the governor upon
receiving such result and ascertaining the
aggregate vote throughout the State, shall
by his proclamation make known the same,
and if a majority of the votes cast shall be for
the adoption of the constitution, it shall go
into effect on the first day of November, eigh-
teen hundred and sixty-four."
The pending question was on the motion
of Mr. DENT to amend the section, by striking
out the following words:
"The judges of election shall administer
to every person offering to vote, the oath or
affirmation prescribed by this constitution,
and should any person offering to vote refuse
or decline to take said oath, he shall not be
permitted to vote at such election, but the
taking of such oath or affirmation shall not be
deemed conclusive evidence of the right of
such person to vote."
Mr. BILLINGSLEY, When this test oath, as
reported by the committee on the elective
franchise, was under consideration, and was
amended on motion of the gentleman from
Baltimore city (Mr. Stirling,) it was my in-
tention to have addressed the convention
upon that subject. But after the honorable
gentleman from Baltimore city (Mr. Stirling)
had concluded his argument, the previous
question as usual, was called and sustained by
this house, and I was denied the privilege of
speaking.
1 regret that the honorable gentleman from
Baltimore city has thought it his duty to in-
troduce that amendment, which has now be-
come part and parcel of the constitution, as
passed under the article of elective franchise.
1 regret it the more, because having served
with that honorable gentleman in the Senate
of Maryland, and having realized through
his aid and liberality the success of some very
important local measures before that body,
1 entered this house with the most kindly
feelings toward him. And although I felt
that at that period he entertained very mis-
taken, and as I thought dangerous, views in
regard to the powers of the federal) govern-
ment, yet I had hoped that time, with the
horrors of this sanguinary struggle, and the
present condition of our bleeding country,
had made some changes or modifications in
his opinions. And exercising, as he does
here, all his talents and his abilities, and a
most important influence upon the delibera-
tions of this body, I did hope that it would
have been his pleasure as also his duty to
have introduced some measure or measures
looking to a compromise of our difficulties,
and the bridging of this unfortunate chasm,
and the healing of the divisions by which we
are surrounded. In this hope, and in this
expectation I have been doomed lo disappointment.

1 find that that amendment, which went
much farther than the report of the committee


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1748   View pdf image (33K)
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