and printed, and made the order of the day
for Monday next, at one o'clock, P. M."
Mr. DANIEL moved to amend by adding
the following:
"And that the final vote thereon shall be
taken precisely at two o'clock, P. M."
The question being taken upon the amend-
ment, it was not agreed to.
The question then recurred upon adopting
the order as submitted by Mr. BRISCOE.
Upon this question Mr. BRISCOE called for
the yeas and nays, which were ordered.
The question toeing then taken, by yeas and
nays, it resulted—yeas 14, nays 43—as fol-
lows:
Yeas—Messrs. Belt, Bond, Briscoe, Brown,
Chambers, Clarke, Dent Edelen, Harwood,
Hollyday, Lansdale, Miller, Morgan, Peter
—14.
Nays—Messrs. Goldsborough, President;
Abbott, Annan, Audoun, Baker, Brooks,
Carter, Cunningham, Cushing, Daniel, Davis,
of Washington, Earle, Ecker, Galloway,
Batch, Hebb, Hopkins, Hopper, Jones, of
Cecil, Keefer, Larsh, McComas, Mullikin,
Murray, Noble, Nyman. Parker, Pugh, Pur-
nell, Ridgely, Russell, Sands, Schley, Schlos-
ser, Scott, Smith, of Carroll, Sneary, Stir-
ling, Stockbridge, Swope, Thomas, Todd,
Wickard, Wooden-43.
The order was accordingly rejected.
The question then recurred upon adopting
the Declaration of Rights, as amended by the
Convention, and being taken by yeas and
nays [under rule forty-three] it resulted—
yeas 44, nays 14—as follows :
Yeas—Messrs. Goldsborough, President;
Abbott, Annan, Audoun, Baker, Brooks,
Carter, 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, Pur-
nell, Ridgely, Russell, Sands, Schley, Schlos-
ser, Scott, Smith, of Carroll, Sneary, Stir
ling, Stockbridge, Swope, Sykes, Thomas
Todd, Wickard, Wooden—44.
Nays—Messrs. Belt, Bond, Briscoe, Brown
Chambers, Clarke, Dent, Edelen, Harwood
Hollyday, Lansdale, Miller, Morgan, Pete
The Declaration of Rights was accordingly
adopted.
The preamble to the Declaration of Bight
was also adopted.
LEGISLATIVE DEPARTMENT.
On motion of Mr. SCHLEY,
The Convention then look up and proceed-
ed to consider the report of the Committee
on the Legislative Department, which was on
its second leading,
Sections one and two were then read with
out any amendment being offered thereto.
TIME OF HOLDING ELECTIONS.
Section three was then read as follows: |
"The first election for senators and dele-
gates shall take place on the first Wednesday
of November, eighteen hundred and sixty-
four; and the elections for delegates, and as
nearly as practicable, for one-half of the sen-
ators' shall be held on the same day in every
second year thereafter; and the election for
representatives from this State in the Con-
gress of the United States, shall take place
on the same day.' '
Mr. STOCKBRIDGE. Not anticipating that
this article would be taken up this morning,
I had not prepared an amendment to this
section of which I had thought. And I am
not certain at this moment that I desire to
offer one. But I will state the purpose of the
amendment which it occurs to me is desira-
ble. This section, as it mow stands, provides
that the election shall take place on the first
Wednesday of November, 1864; and that the
election of delegates and one-halt of the sena-
tors shall take place on the same day every
second year thereafter. Now, although this
year that may bring the election on the day
of the Presidential election, yet, as the terms
used in this section are not the same as those
employed in the law fixing the day for Pres-
idential elections, it will happen hereafter
that we shall have two elections, a State and
a Presidential election, within a week of each
other. I think, therefore, it is desirable to
employ the terms used in the law fixing the
day of the Presidential election, so that the
State and Presidential elections may occur
on the same day; or else keep them complete-
ly separate at all times.
Mr. CLARKE. This section provides that
"the election for representatives from this
State-in the Congress of the United States
shall take place on the same day." I would
''call the attention of this Convention to sec-
tion four of article one of the Constitution of
the United States, which reads as follows :
" The times, places and manner of holding
elections for senators and representatives
shall be prescribed in each State by the Leg-
islature thereof.''
I humbly conceive, therefore, that this Con-
vention has no right to fix the time of elect-
ing representatives from this State in the
Congress of the United States.
Mr. STIRLING. The observation of the gen-
tleman from Prince George's (Mr Clarke) is
perfectly correct. The Constitution of the
United States does provide that the Legisla-
ture of the State shall fix the time of electing
representatives in Congress. The Legisla-
ture of this State has fixed that time and hag
said that the election shall take place on the
day when members of the General Assembly
are elected; and the time of electing mem-
bers of the General Assembly is fixed by the
Constitution of the State. Now if we fix the
election of members of the General Assembly
on a certain day, that necessarily fixes the
election of members of Congress on the same |
