Hopkins, Hopper, Jones, of Cecil, Keefer,
McComas, Mullikin, Noble, Nyman, Parker,
Pugh, Ridgely, Russell, Sands, Schley, Schlos-
ser, Scott, Smith, of Carroll, Sneary, Stir-
ling, Stockbridge, Swope, Sykes, Todd, Wick-
ard, Wooden—38.
Nays—Messrs. Goldsborough, President;
Audoun, Bond, Briscoe, Brooks, Carter,
Chambers, Clarke, Cushing. Dent, Edelen,
Hollyday, Lansdale, Larsh, Miller, Morgan,
Murray, Peter, Purnell, Thomas—20.
The second branch of the order wag accord-
ingly adopted.
The entire order as amended and adopted is
as follows:
" Ordered, That the time allowed each
member for debate on any question before
the Convention shall be limited to thirty
minutes; and that no extension of time be
granted except by a vote of two-thirds of the
inembers present."
DECLARATION OF RIGHTS.
The Convention then resumed the consider-
ation 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 pending question was upon the follow-
ing amendment submitted by Mr. ABBOTT;
Insert as an additional article the follow-
ing :
"Article I. Truths to be held as self-evi-
dent are, that all men are created equally
free; that they are endowed by their Creator
with certain inalienable rights, among which
are life, liberty, the enjoyment of the pro-
ceeds of their own labor, and the pursuit of
happiness."
Mr. STOCKBRIDGE. I move to amend the
phraseology of the proposed article by striking
out in the first line the words " truths to be
held as self-evident," and inserting, "that we
hold it to be self-evident," so that the article
will read:
"That we hold it to be self-evident that
all men are created equally free; that they
are endowed," &c.
Mr. ABBOTT. I have no objection to that,
as it is merely a change of phraseology, and
not of principle.
The amendment was agreed to, and the ar-
ticle as amended was then adopted.
Mr. BRISCOE submitted the following as an
additional article:
" Article 3. That absolute, arbitrary power
over the lives, liberty and property of free-
men exists nowhere in a republic; not even
in the largest majority."
Upon this question Mr. BRISCOE called for
the yeas and nays, which were ordered
question being then taken, by yeas and
nays, it resulted—yeas 13, nays 44—as fol-
lows :
Yeas—Messrs. Belt, Bond, Briscoe, Brown,
Chambers, Clarke, Dent, Edelen, Hollyday,
Lansdale, Miller, Morgan, Peter—13. |
Nays—Messrs. Goldsborough, President;
Abbott, Annan Audoun, Baker, Brooks, Car-
ter, Cunningham, Cushing, Daniel, Davis, of
Washington, Earle, Ecker, Galloway, Hatch,
Hebb, Hopkins, Hopper, Jones, of Cecil,
Keefer, Larsh, McComas Mullikin, Murray,
Noble, Nyman, Parker, Pugh, Purnell
Ridgely, Russell, Sands, Schley, Schlosser,
Scott, Sneary, Stirling, Stockbridge, Swope,
Sykes, Thomas, Todd, Wickard, Wooden—
44.
The article was accordingly rejected.
No further amendments being offered—
The question was stated to be upon order-
ing the report of the Committee upon the De-
claration of Rights, as amended upon its
second reading, to be engrossed for a third
reading, and printed—which was ordered.
Mr. STIRLING. I move that the rules be
suspended, in order that this report may now-
be put upon its third reading. Under the
fifteenth rule, that motion requires a two-
thirds vote to be adopted.
Mr. DENT. Has this report, as amended
on its second reading, been engrossed by the
engrossing clerk, or is it to be considered as
only constructively engrossed?
The PRESIDENT. So far as the information
of the Chair extends, the report .has not been
regularly engrossed, as is usual in parliament-
ary proceedings.
Mr. CLARKE. I do not know that the order
in which these articles are to follow each
other in this Declaration of Rights have been
determined upon. Several new articles hare
been adopted, and it was said that the Presi-
dent would have the right to determine the
order of the articles. I think that should he
done before this report is read the third time
and taken up for final action.
The PRESIDENT. The point raised by tie
gentleman from St. Mary's (Mr. Dent) is that
this report has not actually been engrossed for
its third reading.
Mr. DENT. And I supposed that would be
held to be an objection to reading it the third
time now
Mr. STIRLING, Did the gentleman from St.
Mary's (Mr. Dent) ever know a hill in the
Legislature of Maryland to be actually en-
grossed before it was read the third time? I
think that as far back as memory runs, at
least as far back as I have any knowledge,
the practice in Maryland has been contrary to
the ordinary parliamentary practice; that is,
the practice has uniformly been to engross a
bill after its third reading, and not before.
Mr. THOMAS. I would call the attention
of the Chair to Rule 53, which is in these
words:
"After a report of any committee, (em-
bodying proposed provisions for the Constitu-
tion,) has passed through its second reading,
on which second reading it shall be open to
amendment, the question shall then be put by
the President of the Convention: ' Shall this |