vention in their determined opposition to so
much of the report of the majority as provides
for the immediate operation of portions of the
constitution before its adoption by the peo-
ple. Surely if any one proposition, in regard
to our proceedings was universally accepted
by all who voted, whether for or against a
convention, it was this, that its work was to
be submitted to and accepted by the people of
the State before it should have any effect.
Yet the majority propose that now at the very
moment when the question of adoption is be-
ing taken, in the very act of taking that ques-
tion, the people shall be bound and governed
by it, so far as it relates to some of its most im-
portant and vital changes of the existing sys-
tem of government. What a strange spectacle
would be exhibited if the provisions now pro-
posed should be enforced as part of the new
constitution, in direct opposition to the existing
constitution, and yet the result show
that the people will not accept the new con-
stitution? The present constitution exists
until the new one is adopted. How then can
the provisions of the present constitution be
violated, or interfered with, until the new one
has an existence by the adoption of the peo-
ple? The great purpose of the majority
seems to be, to deprive those who form the
constituency of this convention of the privi-
lege secured to them by the present constitu-
tion of passing upon the work of this body,
and to this end, by newly contrived oaths and
by the aid of the military, to confirm their
proceedings. For these, amongst other rea-
sons, the undersigned protest against the re-
port in the particulars mentioned. All which
is respectfully submitted."
Mr. STOCKBRIDGE. There is nothing pre-
sented in that report in the form of a section
or an article. It is simply a protest against
the report of the majority; assigning reasons
why that report should not be adopted.
The PRESIDENT. The gentleman from Montgomery
(Mr. Lansdale) cannot move this as
a substitution for the article reported by the
majority of the committee on the schedule.
It is in the character of a mere protest. The
convention have already determined to take
up the majority report, and have acted upon
it, and have gone through it.
Mr. ECKER. I move the following as an
additional section:
" Sec. —. Any of the qualified voters of
this State, who may be absent from the city or
county of his residence on the day for taking
the vote on the adoption or rejection of this
constitution by reason of his being in the mili-
tary service of the United States, but shall be
at some hospital or military post, or on duty
within this State, and not with his company,
may vote at the nearest polls to such place on
satisfying the judges that he is a legal and
qualified voter of this State."
My reason for offering this section is this;
there are a great many soldiers in the hos- |
pitals in this State, a great many in the hos-
pitals in this city, for instance. Now if only
a hundred, or fifty, or even five of them are Maryland
soldiers, they certainly are entitled to
vote. I spoke to the chairman of the committee
on the schedule (Mr. Ridgely) upon
this subject, and he approved of it.
The question was then taken upon the ad-
ditional section, and it was adopted.
Mr. KENNARD, I desire the assent of the
convention to return to the first section under
the caption of "vote on the constitution."
1 desire to offer an amendment to it, which
relates merely to the details of it, to make
it conform to the act of assembly now in force
in relation to the hours for holding elections.
As the section now stands, it rather conflicts
with the provisions of that act in relation to
the hours for holding the election in Balti-
more city,
No objection being made, the section was
taken up for consideration.
The section was as follows :
"Section 1. For the purpose of ascertaining
the sense of the people of this State, in regard
to the adoption or rejection of this constitu-
tion, the governor shall issue his proclama-
tion within five days after the adjournment
of this convention directed to the sheriff of the
city of Baltimore, and to the sheriffs of the
several counties of this State, commanding
them to give notice in the manner now pre-
scribed by law, that an election will be held in
the city of Baltimore and in the several coun-
ties of the State, at the usual places of holding
elections in said city and conn ties, for the adop-
tion or rejection of this constitution, on the
twelfth day of October, in the year eighteen
hundred and sixty-four, which election shall
be held between the hours of eight o'clock,
A. M., and six o'clock, P. M." &c.
Mr. KENNARD. I move to insert after the
words " Between the tours or eight o'clock,
A. M. and six o'clock P. M." the words " in
the several counties of the State, and between
the hours of eight o'clock, A. M., and five
o'clock, P. M., in the city of Baltimore."
The act of assembly has fixed the hours of
eight o'clock, A. M., and six o'clock, P. M.,
for the counties, and the hours of eight
o'clock, A M., and five o'clock, P. M., for
the city of Baltimore. As the section now
stands, the polls would be kept open in Balti-
more city one hour later than the act of as-
sembly now provides.
Mr. STIRLING. This was an inadvertence,
1 suppose. I hope the convention will adopt
the amendment, it so happens that at the day
on which ibis vote is to be taken, is the day
for the municipal election in Baltimore city.
The act of the assembly requires the polls to
be closed at five o'clock for the municipal
election. And as the vote upon the consti-
tution is to be taken upon the same ticket
with the vote for municipal officers, there
may be some question as to whether the |
