Mr. STIRLING called for the ayes and nays
which were ordered.
The question being then taken, by yeas
.and nays, it resulted—yeas 39, nays 13—as
follows:
Yeas—Messrs. Baker, Clarke, Cunningham
Daniel, Farrow, Galloway, Greene, Henkle,
Hopkins, Hopper, Horsey, Jones of Cecil,
Jones of Somerset, King, Larsh, Markey,
McComas, Mitchell, Miller, Morgan, Mullikin
Murray, Negley, Nyman, Parker, Parran,
Robinette, Russell, Schlosser, Scott, Smith of.
Carroll, Smith of Worcester, Sneary, Swope,
Sykes, Thomas, Todd, Valliant, Wooden—39.
Nays—Messrs. Abbott, Annan, Brown,
Cushing, Davis of Washington, Duvall,
Ecker, Harwood, Hebb, Keefer, Stirling,
Stockbridge, Wickard—13.
Pending the call of the yeas and nays, the
following explanations were made by members
as their names were called:
Mr. ABBOTT. I should be very happy to
accommodate my friend from Carroll, (Mr.
Todd,) but I cannot vote for this order as it
flow stands. I therefore vote " no."
Mr. THOMAS. In explanation of my vote,
I desire to say that I consider this as a mere
question of reference to a proper committee.
An order was offered some time ago by my
friend from Prince George's, (Mr. Belt,)
which the Convention refused to refer to a
committee. I vote for the reference of this
order, because I do not think it pledges me
to any course of action on the subject. I
shall consider myself free to vote as I please
on the question when it comes up for consid-
eration. Like my colleague, I am pledged to
vote against negro apprenticeship, and when
the question comes up I shall vole against it.
But I vote "aye" on the mere question of
reference.
Mr. VALLIANT. The remarks submitted by
the gentleman from Baltimore city, (Mr.
Thomas,) just now, are an explanation of my
vote. I think it is but due courtesy to the
gentleman from Caroline, (Mr. Todd,) to
refer this order. But in so voting I do not
commit myself to any system of negro ap-
prenticeship, and particularly such a system
as would carry with it the idea of a contin-
ance of slavery in this State,
The order was accordingly referred.
DECLARATION OF RIGHTS.
The Convention then resumed the consid-
eration of the order of the day, being the re-
port of the Committee on the Declaration of
Rights, which was on its second reading.
Mr. JONES, of Somerset. I believe we have
passed through all the articles of the bill of
rights, as reported by the committee, with
the exception of the fourth and twenty-third
articles; and I presume it is not intended,
with so thin a house as this, to proceed with
the consideration of those articles at the pres-
ent time. I desire, therefore, to offer an ad-
ditional article.
26 |
The CHAIRMAN, (Mr. Scott.) I The decision
of the President of this Convention was that
no additional articles could be offered until
the Convention had concluded the second
reading of all the articles reported by the
Committee.
Mr. JONES, of Somerset. Those articles
can be considered as gone through with for
the time being.
Mr. HEBB. I would suggest that there is
nothing before the Convention, until we have
some article before us for consideration.
Mr. CUSHING. I understood yesterday that
to-day any amendments to the bill of rights
would be allowed to come in.
The CHAIRMAN, That seems rather in con-
flict with the decision of the President made
some days back.
Mr. CUSHING. The Chair has the privilege
of revising its own decision.
The CHAIRMAN. I should not like to re-
verse the decision of the permanent presiding
officer of this body. It is within the discre-
tion of the Convention to proceed to consider
either the fourth or the twenty-third article.
Mr. STOCKBRIDGE. The Convention can do
almost anything by general consent, IP no
objection is made, the gentleman from Som-
erset, (Mr. Jones,) can offer an additional
article.
The CHAIRMAN. If no objection be made,
the proposition of the gentleman from Som-
erset will be entertained.
Mr. JONES, of Somerset. I move. to amend
this report of the Committee on the Declara-
tion of Rights, by the addition of the follow-
ing as article 45:
" Article 45. That every citizen may freely
speak, write and publish his sentiments on
all subjects, being responsible for the abuse
of that liberty, and no law shall ever be passed
to curtail, abridge or restrain the liberty of
speech or of the press."
Mr Chairman: I confess that I was somewhat
surprised at the vote upon the amend-
ment offered yesterday, to add a word or two
to the twenty-ninth article of this bill of
rights. I was aware that there were a few
States that had not considered it necessary or
important to insert among the rights retained
by the people, and which are not to be inter-
fered with by the Legislature, the right of
freedom of speech, although I was very sure
that a very large majority of the States bad
expressly inserted such an article in their bills
of rights. And I also felt very sure that in
those States, where such an article had not
been deemed important enough to be inserted,
it was omitted upon the ground that it wag
so patent, plain and palpable a right, so in-
separable from any idea of free government,
that no special reservation of it was neces-
sary, and no omission of that reservation
could possibly be construed into any impli-
cation of right on the part of the Legislature
to interfere with it. As Mr. Webster said, it |
