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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 769   View pdf image (33K)
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769
tions be ordered to report that all members
holding seats in this Convention were duly
elected.
Mr. STIRLING called the previous question,
and it was sustained.
Mr. CHAMBERS demanded the yeas and nays
and they were ordered.
The question being taken, the result was—
yeas 17, nays 47—as follows :
Yeas—Messrs. Abbott, Annan, Audoun,
Baker, Barron, Cushing, Ecker, Hebb, Hop-
kins, Keefer, Larsh, McComas, Mullikin,
Murray, Schley, Stirling, Sykes—17.
Nays—Messrs. Goldsborough, President;
Belt, Bond, Briscoe, Brooks, Brown, Carter,
Chambers, Clarke, Cunningham, Daniel, Da-
vis, of Washington, Dellinger, Dent, Earle,
Edelen, Galloway, Hatch, Hoffman, Holly-
day, Hopper, Horsey, Jones, of Cecil, Lans-
dale, Mitchell, Miller, Morgan, Noble, Nyman,
Parker, Peter, Pugh, Purnell, Ridgely, Rus-
sell, Schlosser, Scott Smith, of Carroll,
Smith, of Dorchester, Sneary, Stockbridge,
Swope, Thomas, Todd, Wickard, Wilmer,
Wooden—47.
As their names were called,
Mr. CHAMBERS said: As lam unwilling to
stultify myself by voting "aye" on this,
and "aye" on the other, I vote "no."
Mr. CLARKE said: I hold that the Conven-
tion bill docs not apply to the qualifications
of members. But we have a Committee on
Elections; and as this Convention has no
facts before it with regard to the elections or
anything else upon which to act finally; and
as for a deliberative body to declare all mem-
bers properly elected without a report of
its committee, is unparalleled in the history
of the organization of such bodies; I vote
"no."
Mr. DANIEL said; Believing that this is im-
properly taking out of the hands of the com-
mittee the work referred to them, and that it
ie a little disrespectful to the committee, 1
vote "no."
Mr. DAVIS, of Washington, said: As a
member of the Committee on Elections, 1
ask" to be excused from voting.
Not being excused, Mr. DAVIS voted "no,"
Mr. THOMAS said..: When I became a mem-
ber of this Convention, I was under the im-
pression that I was legally qualified to act as
a member. Otherwise I should not have con-
sented to take the position. I do not intend
to reply at this time to the arguments of the
gentlemen from Anne Arundel (Mr. Miller,)
but I contend that I am qualified to sit as a
member of the Convention; and I am not
satisfied to vote to exclude the Committee on
Elections from examining whatever qualifica-
tions I may have or may not have as a mem-
ber of the Convention. I shall therefore
be forced to vote ".no."
So the order was rejected.
Mr. HEBB moved that the rules be suspend-
ed in order to take up the order of the day.
The motion did not prevail, less than three-
fifths voting therefor.
Mr. WICKARD submitted the following or-
der:
Ordered, That the different Standing Com-
mittees having important business under con-
sideration for the action of this Convention,
who have not yet reported, be allowed until
Monday next to report thereon,
On motion of Mr HEBB,
The order was laid on the table.
THE LEGISLATIVE DEPARTMENT.
The Convention proceeded to the considera-
tion of the order of the day, being the second
reading of the article on the legislative de-
partment.
No further amendments were offered to sec-
tion five.
Mr. SCHLEY. I move that we now take up
section four, which was yesterday passed over
on the motion of the gentleman from Balti-
more city (Mr. Stockbridge.) The sugges-
tion made by him of reasons why we should
not dispose of this section in its turn, struck
me at the time as valid. But on a more care-
ful examination I am convinced that there
was really no reason for passing it over, and
I think the gentleman himself is also con-
vinced that it may as well he now taken up.
Mr. STOCKBRIDGE. I second the motion.
More mature reflection has satisfied me that
there was no sufficient reason for pausing it
over.
The motion was agreed to; and the section
was read as follows:
"Section 4. Immediately after the Senate
shall have convened, after the first election
under this Constitution, the senators shall be
divided by lot into two classes, as nearly
equal in numbers as may be—the senators of
the first class shall go out of office at the ex-
piration of two years, and senators shall be
elected on the first Wednesday of November,
eighteen hundred and sixty-six, for the term
of four years to supply their places; so that,
after the first election, one-half of the sena-
tors may be chosen every second year. In
case the number of senators be hereafter in-
creased, such classification of the additional
senators shall be made as to preserve, as
nearly as may be, an equal number in each
class."
Mr. SCHLEY moved to amend by striking
out the words " first Wednesday" and in-
serting '' Tuesday next after the first Monday
in the month."
The amendment was agreed to,
Section sixth was read as follows :
"Section 6. The General Assembly may
continue their first session, after the adoption
of this Constitution, as long as in the opinion
of the two houses the public interests may
require it, but all subsequent regular sessions
of the General Assembly shall be closed on
the last Thursday of March next ensuing the


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 769   View pdf image (33K)
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