nis, Duvall, Edelen, Gale, Harwood, Henkle,
Hodson, Hollyday, Horsey, Johnson, Jones, of
Cecil, King, Larsh, Lee, Marbury, Mitchell,
Miller, Morgan, Parran, Scott, Smith, of Dor-
chester, Smith, of Worcester, Turner—32.
The motion to lay on the table was accord-
ingly agreed to.
Mr. NEGLEY, when his name was called,
said: I think the original order is entirely
premature and that the substitute is entirely
out of place, I therefore vote—aye.
Mr. SANDS, when his name was called,
said: Thinking that this order is premature,
I vote—aye. There may be a time when I
will vote otherwise on such a proposition.
MISCELLANEOUS.
On motion of Mr. DAVIS, it was
Ordered, That it be entered on the Journal
that the absence of H. W. Dellinger from his
seat in the Convention, is caused by sickness.
On motion of lir. DUVALL, it was
Ordered, That the Judiciary Committee be
instructed to inquire into the expediency of
incorporating a provision in the Constitution
requiring the Legislature at each regular
session, to provide for a codification, under
their appropriate heads, all decisions of the
Court of Appeals wherein the principles of
common law have been recognized as the law
of this State.
DECLARATION OF RIGHTS—EMANCIPATION,
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.
The following article was under considera-
tion :
'' Article 23. That hereafter, in this State,
there shall be neither slavery nor involuntary
servitude, except in punishment of crime,
whereof the party shall have been duly con-
victed; and all persons held to service or
labor as slaves are hereby declared free."
The question was stated to be upon the
following amendment submitted by Mr.
CLARKE :
Amend by striking out all after the word
"that," and insert—
" From and after the first day of January,
1865, there shall in this State be neither slave-
ry nor involuntary servitude, except in pun-
ishment of crime, whereof the party shall
have been duly convicted, and all persons
held to service or labor as slaves are hereby
declared free from and after the first day o
January, 1865, provided the Congress of the
United States shall, before the first day of
January, 18B5, make an appropriation to the
State of Maryland, of not less than twenty
millions of dollars, to aid the State of Mary-
land in providing compensation to the owners
of slave property, and the Secretary of the
Treasury of the United States shall certify to
the Governor of this State that the said sum |
of money is subject to the draft of the Treas-
urer of the State of Maryland, to be disposed
of by the Legislature of the State, to pay tba
owners of slaves for their slaves hereby de-
clared free; and provided further, that unless
Congress shall make the said appropriation aa
hereinbefore provided, this section shall be
null and void, and it is hereby declared that
it shall be of no effect whatever."
Mr. BERRY, of Prince George's. I thought,
as was stated by my friend from Worcester
(Mr. Purnell) on yesterday, that this amend-
ment was not to come up for consideration
until my colleague (Mr. Clarke) returned.
The PRESIDENT. No formal vote was taken ;
that was merely a suggestion.
Mr. BERRY, of Prince George's. I move to
postpone this amendment until twelve o'clock
to-day. I expect the mover of it in here at
any moment.
Mr. VALLIANT. If that motion is adopted,
will it not postpone the whole subject?
The PRESIDENT. Certainly it does. The
Chair understands that the gentleman from
Prince George's (Mr. Clarke) gave notice of
this amendment with the understanding that
the vote should be taken upon it before it
was taken upon the original article. If any
gentleman is prepared to go on with the dis-
cussion he can do so at this time, otherwise
the question will be taken upon the amend-
ment, for the Chair must keep the Convention
up to their work.
Mr. MARBURY. I understood my friend
from Prince George's (Mr. Clarke) to state
distinctly that he merely gave notice of this
amendment but did not want it to be acted
on until he could return and be beard upon
it.
The PRESIDENT. The Convention must pro-
ceed with some business.
Mr. MARBURY. Is it competent to with-
draw the amendment ?
The PRESIDENT. Certainly; with the con-
sent of the Convention.
Mr. BERRY, of Prince George's. My recol-
lection is, that my colleague submitted this
not as an amendment, but as a proposition
which at the proper time he would offer as an
amendment; and it was spread upon the
journal simply for information, and that at
the request of one of the gentlemen from
Cecil. It is only there as information as to
lhe character of an amendment which the
gentleman will propose at some time here-
after. I hardly think it is the property of
the Convention now.
Mr. NEGLEY. I do not think the amend-
ment indicated by the gentleman from Prince
George's (Mr. Clarke) is at all before this
Convention. It will be remembered that some
time ago a proposition was offered in relation
to sending a committee to the President of the
United States about compensation, and that
proposition was voted down. The gentleman
from Baltimore county (Mr. Berry) intimated |
