Scott, Smith of Carroll, Smith of Dorches-
ter, Smith of Worcester, Thomas, Wilmer
—43.
The amendment was accordingly rejected.
The question then recurred upon the amend-
ment proposed by Mr. CUSHING to the 43d
Rule.
Mr. CUSHING. I will not press that amend-
ment, but with the consent of the Convention
I will withdraw it, I now give notice that
on to-morrow, or some subsequent day, I
will move to amend the 42d Rule by striking
out the words "the final passage of a report,
or a motion to suspend the rules, or," so that
the rule will then read :
" All questions, except those otherwise
herein provided for, shall be determined by
a, majority of the members present those di-
viding in, the affirmative rising in their places,
those in the negative continuing in their seats,
and so vice versa, until a decision by the Pre-
sident."
Also to amend the 43d Rule, by striking
out all after the word "nays" in the second
line, so that it will then read :
" The question on the final adoption of any
article shall always be determined by yeas
and nays."
DECLARATION Of RIGHTS.
On motion of Mr. HEBB,
The Convention (Mr. Purnell in the chair)
then resumed the consideration of the special
order of the day, being the report of the com-
mittee on the Declaration of Rights.
The question was stated to be upon the fol-
lowing, submitted by Mr. GREENS :
Strike out Art. 14, and insert the follow-
ing as Art. 14:
"That paupers ought not to he assessed
for the support of the Government, but every
person in the State, holding property therein,
ought to contribute his proportion of public
taxes for the support of Government, accord-
ing to his actual worth in real or persona
property; and fines, duties or taxes may pro-
perly and justly be imposed or laid on per-
sons or property for the good government
and benefit of the community; provided
that no capitation tax shall be imposed as a
qualification for the exercise of the right of
suffrage."
Mr. MILLER. Is it now in order for me to
offer an amendment to the proposition now
pending?
The CHAIRMAN. The chair is informed by
the Secretary, that the proposition of the
gentleman from Allegany (Mr. Greene) is an
amendment to the amendment of the gentle
man from Cecil, (Mr. Scott,) and that it is
so entered upon the Journal.
Mr. MILLER, Then I think the Journal is
wrong, for it must be evident that the propo-
sition of the gentleman from Allegany, ( Mr.
Greene, ) is in the nature of a substitute for
the entire article, and not an amendment to
any amendment of that article.
13 |
Mr. DANIEL. I will state that the amend-
ment which I submitted yesterday was sub-
mitted as an amendment to the amendment
of the gentleman from Cecil, (Mr. Scott.)
When that was voted down, then the gentle-
man from Allegany, (Mr Greene,) submitted
the one now pending as an amendment to
the same amendment of the gentleman from
Cecil, (Mr. Scott.) But I would like to hear
any amendments read which gentlemen may
have to offer,
The CHAIRMAN, They can be read for in-
formation.
Mr. MILLER. I do not propose to read my
amendment unless I can have an opportunity
for a few moments to explain it, as I think
it an important one. If the amendment of
the gentleman from Allegany (Mr. Greene)
is adopted, I can then offer it as an amend-
ment to that.
Mr. JONES, of Somerset, called for the read-
ing of Mr. SCOTT'S amendment, to which the
pending proposition was an amendment, and
it was read as follows :
Strike out of article 14 the words ;
" The levying of taxes by the poll is griev-
ous and oppressive, and ought to be abolish-
ed; that paupers ought not to be assessed for
the support of the Government, but;" also
strike out the word "other " after the word
" every " in the third line; so that the arti-
cle would then read:
'• That every person in the State, or person
holding property therein, ought to contribute
his proportion of public taxes for the support
of Government, according to his actual worth
in real or personal property; yet fines, duties
or taxes may properly and justly be imposed
or laid on persons or property for the good
government and benefit of the community."
Mr. JONES, of Somerset, I felt very much
inclined, at the time of the adjournment on
yesterday, to support the amendment of the
gentleman from Allegany, (Mr. Greene,) in
the terms in which it was offered. My at-
tention had not been called particularly to
this article, and I had not considered it, un-
til the debate arose yesterday upon it and
the various amendments submitted to it. 1
was a great deal interested in the debate that
occurred, and the longer the matter was pend-
ing before the Convention, the more I became
convinced that this whole subject required
and demanded atour hands a much more ma-
ture consideration than, so far as I could
judge from the debate on yesterday, it had yet
a received from members of this Convention.
It was very apparent from that debate that
there was much misconception with reference
to the meaning of the original bill of rights
adopted in 1776, which was reported in the
- Constitution adopted in 1851, and which is
• now proposed, I believe in almost identically
the same terms, by the Committee on the De-
claration of Rights in their report to this
Convention. It was assumed yesterday in |
