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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 441   View pdf image (33K)
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441
of the Declaration of Rights shall cease a
half-past five o clock on Thursday next,"
fee.; and the amendment was adopted, upon a
division—ayes 39, noes 38.
Mr. DANIEL moved to further amend the
order by striking out "half-past five," and
inserting the word "one," so that it will
read, "at one o'clock next Thursday after
noon," &c.
The question was then taken, and the
amendment was adopted, upon a division—
ayes 46, noes not counted.
The question was upon the order as
amended.
Mr. THRUSTON. Would it be in order to
move to amend by striking out the word
"Thursday," and inserting "Wednesday?'
The PRESIDENT. It is not in order to move
to strike out what the Convention has put
in. It can only be reached by a motion to
reconsider.
Mr. BAKER moved to reconsider the vote
upon the motion to strike out the word "to-
day," and insert the words "on Thursday
next "
The question was taken upon the motion
to reconsider, and it was not agreed to.
The question recurred upon adopting the
order as amended—as follows:
" Ordered, That general debate on the 4th
article of the Declaration of Rights shall
cease at one o'clock on Thursday next; that
the chairman of the committee that reported
the same shall then be allowed, for closing
the discussion, such time as he may desire,
not exceeding one hour and a quarter, imme-
diately after which the vote shall be taken
upon the pending amendment. Should any
other amendments be offered, the person of-
fering the same shall be allowed five minutes
to explain the purpose and effect of his pro-
posed amendment,, and the vote shall then be
taken thereon without further debate."
The question was taken, and the order as
amended adopted.
On motion of Mr. SMITH, of Dorchester, it
was—
Ordered, That it he entered on the Journal,
that Alward Johnson, Esq., a member of
this Convention, is absent from his seat in
consequence of sickness in his family.
DECLARATION OF RIGHTS—ALLEGIANCE.
The convention then resumed the consid-
eration of the order. of the day, being the
report of the Committee on the Declara-
tion of Rights, which was on its second
reading.
The fourth article was under consideration
which was as follows :
" Article 4. The Constitution of the United
States and the laws made in pursuance
thereof, being the supreme law of the land
every citizen of this State owes paramount
allegiance to the Constitution and Govern-
ment of the United States, and is not bound
29
by any law or ordinance of this State in con-
travention or subversion thereof.''
The pending question was upon the motion
of Mr. Briscoe to strike out the word "para-
mount."
Mr. DENNIS. Mr. President, the gentleman
from Baltimore city, (Mr. Daniel,) who ad-
dressed the Convention yesterday, said that
"the majority of this House have seen fit to
allow gentlemen here to ventilate their opin-
ions." It seems to me that that is extraor-
dinary language, more particularly coming
from one of the majority to the minority. I
for one do not stand here to speak what I
have to say as a matter of courtesy or favor.
I do not stand here dependent upon the will
of the majority of this House, to speak the
sentiments I may entertain. When it comes to
that, when the minority can speak in this hall
by sufferance and courtesy only, it will in-
deed be time for the minority to leave their
seats here, and let the majority do their will.
I am here as one of the representatives of my
county, to speak for my constituents what I
believe to be the sentiments they entertain
upon the proposition now pending. And I
would not say one word here now, but for
tire fact that in the vote I shall give, and in
the views I shall express to-day, I shall ex-
press opinions and views different from those
I have heretofore entertained and expressed.
I make this statement at the outset, because
I have none of that pride of consistency, upon
which some gentlemen so plume themselves,
which would lead me to maintain a doctrine
simply because I once maintained it, and to
continue to hold opinions simply because I
once held these opinions. And I would
commend to those gentlemen who may think
they have found a weak point in what the
member from Somerset may say to-day, so
far as regards his consistency, to consider
whether or not some of them a few years ago
would not have hesitated to vote for the can-
didates for President and Vice President
who are now presented to the people of the
United States for their consideration and
adoption.
Mr. President: We are now called upon to
vote upon the 4th article of this Declaration
of Rights, which reaids as follows:
"The Constitution of the United States
and the laws made in pursuance thereof, be-
ing the supreme law of the land, every citizen
of this State owes paramount allegiance to
the Constitution and Government of the
United States, and is not bound by any law
or ordinance of this State in contravention
or subversion thereof."
Now, sir, in other days, in the peaceful
times of the past, when the ship of State
glided calmly over the still waters, freighted
with her inestimable cargo, when winds were
low and seas were calm, and when the mall
of Massachusetts could clasp the hand of the
man of Georgia, and hail him "brother," I


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 441   View pdf image (33K)
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