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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 218   View pdf image (33K)
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218
of the people of Maryland; for I say that 80
per cent. of our young men are now in the
armies of the United States battling with our
foes, and it would be hard and oppressive if a
tax of this kind should be levied by our legis-
lation upon that class of our people. I hope
the amendment I have proposed will be
adopted.
Mr. CLARKE, I would ask how are we called
on to vote. If I understand the decision
of the Chair, the amendment of the gentleman
from Cecil (Mr. Scott) is still before the house,
and that the proposition of the gentleman from
Harford (Mr. Galloway) is offered as an amend-
ment to that, and that it is not now in order
to offer any other amendment.
The PRESIDENT. The gentleman is cor-
rect.
Mr. CLARKE. After we have voted upon
the amendment of the gentleman from Har-
ford, will it then be in order to offer the pro-
position submitted the other day by the gen-
tleman from Allegany (Mr. Greene) by way
of an amendment ?
The PRESIDENT. If the proposition of the
gentleman from Harford (Mr. Galloway) is
voted down, the question will then be upon
the original proposition to amend submitted
by the gentleman from Cecil ( Mr. Scott) which
will be open to amendment.
Tire question was stated to be upon the
amendment to the amendment
Upon that question Mr. Galloway called the
yeas and nays, which were ordered.
The question being then taken, by yeas and
nays, it resulted, yeas 43, nays 37, as fol-
lows:
Yeas—Messrs. Abbott, Annan Audoun,
Baker, Barron, Billingsley, Blackiston,
Brooks, Chambers, Cunningham, Davis of:
Washington, Dellinger, Ecker, Edelen, Far-
row, Galloway, Harwood, Hoffman, Hop-
kins, Keefer, Kennard, King, Larsh, Marbury
Mackey, McComas, Mitchell, Morgan, Murray
Negley, Nyman, Parran, Purnell, Russell
Sands, Schley, Smith of Carroll, Stirling
Sykes, Thomas, Todd, Valliant, Wooden
—43.
Nays—Messrs. Goldsborough, President
Belt, Berry of Baltimore county, Berry of
Prince George's, Bond, Briscoe, Brown, Car-
ter, Clarke, Crawford, Daniel, Davis of
Charles, Duvall, Earle, Greene, Hebb, Hen
kle, Hodson, Hopper, Horsey, Johnson, Jones
of Cecil, Jones of Somerset, Lansdale, Lee
Miller, Mullikin, Noble, Parker, Pugh, Rob
inette, Scott, Smith of Dorchester, Sneary
Thruston, Wickard, Wilmer—37.
Pending the call of the yeas and nays, ex
planations were made, as their names were
called, by the following gentlemen:
Mr. CHAMBERS. I understand that this pro
position brings the article in the bill of rights
substantially to that which was reported by
.the committee.
The PRESIDENT. The gentleman is correct
Mr. CHAMBERS. That being the case, 1
shall vote for it, beclause I am for the article
as originally reported, and if I cannot get
that, I will vote for the one as near it as 1
can get. I vote—aye
Mr. MARBURY. Believing as I do, that this
proposition is substantially the same as the
one reported by the committee, I vote—aye.
So the amendment to the amendment was
adopted.
The question recurred upon the amend-
ment as amended.
Mr. DANIEL. I move: to amend this amend-
ment by substituting for it the one proposed
by the gentleman from Allegany, (Mr.
Greene).
Mr. CHAMBERS. Allow me to make a sug-
gestion, which I do for the benefit of those
gentlemen who have no amendments to offer.
I would suggest that as they have just now
expressed their sense that the proposition
originally reported by the committee, con-
tains a principle which they approve, there-
fore these additional amendments and prop-
ositions should all be withdrawn, or if
offered, should be voted down, and let as
adopt the original proposition. That will
save a great deal of time', and perhaps some
trouble, and I suppose will express fully
what the majority of this Convention desire
to have in their bill of rights.
Mr. DANIEL. I move. to amend the amend-
ment by striking out all after the word
"that" in the first line, and insert the fol-
lowing :
"That paupers ought not to be 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 the government, ac-
cording to his actual worth in real or per-
sonal property; and files, duties or taxes
may properly and justly be imposed or laid
on persons or property for the good govern-
ment and benefit of the community; pro-
vided that no capitation tax shall be imposed
as a qualification of the exercise of the right;
of suffrage."
That is the proposition which was sub-
mitted by the gentleman from Allegany, (Mr.
Greene) and which the Convention adopted
on yesterday.
The PRESIDENT. The Chair must rule the
proposed amendment to be out of order. It
is inconsistent with the action of the Con-
vention, which has ley the vote it has just
given on the proposition of the gentleman
from Harford, (Mr. Galloway) expressed de-
liberately its intention that that proposition
shall stand. And it cannot be amended now
by striking out any part of it; it can only
be amended by adding to it.
Mr. CLARKE. The vote just taken was
upon the amendment proposed by the gentleman
from Harford (Mr. Galloway) to the
amendment offered by the gentleman from


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 218   View pdf image (33K)
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