Mr. MILLER. They decided it upon our
State law; and considered also the question
whether slavery did or did not exist in Eng-
land, under the common law, which they did
not decide, as the gentleman from Baltimore
city (Mr. Thomas) yesterday would lead the
convention to infer.
Mr. THOMAS. The general court decided
it; but the Court of Appeals would not de-
cide it. They dodged it.
Mr. MILLER. Judge Chase decided it be-
low, and the Court of Appeals reviewed his
decision, and reversed it, and decided simply
upon the State law. If I have succeeded in
placing myself right upon the record upon
those two propositions, I have nothing more
to say upon the question.
Mr. STIRLING. I now offer the amendment
which I proposed during the gentleman's re-
marks.
Mr. JONES, of Somerset. I gave notice that
I was writing an amendment before the gen-
tleman from Anne Arundel (Mr. Miller) took
the floor.
Mr. STIRLING'S amendment was read by the
clerk.
The CHAIRMAN (Mr. Hollyday.) No further
amendment? are now in order.
Mr. BARRON called the previous question.
Mr. JONES, of Somerset. I insist that I was
entitled to the floor, before the gentleman
from Anne Arundel (Mr. Miller.)
[The PRESIDENT resumed the chair ]
Mr. JONES continued: The gentleman from
Montgomery (Mr. Duvall) offered an addi-
tional section. I arose and was recognized,
and stated that I had an amendment to offer
to that section. I was engaged in writing it
when the gentleman from Anne Arundel be-
gan to speak. I submit that my amendment
is first in order.
The PRESIDENT. When the gentleman from
Somerset addressed the chair and informed
the convention that he proposed an amend-
ment, amendments were not then exhausted,
there being only an amendment pending
in the first degree. The gentleman from
Somerset can offer his amendment now. The
motion of the gentleman from Baltimore city
(Mr. Stirling) was to strike out and insert ;
and that leaves the section proposed to be
stricken out, open to amendment.
Mr. JONES, of Somerset, submitted the fol-
lowing amendment to the section :
Add the following: " Or taken away from
their owners underauthority of the President
of the United States, whereby their services
have been lost to their said owners."
Mr. BARRON called the previous question.
Mr. DAVIS, of Charles. Is that in order be-
fore the section has been seat to the chair to
be read?
The PRESIDENT. It is not. The amend-
ment is not in possession of the house until
it is read by the clerk.
The CLERK read the amendment. |
Mr. BARRON renewed the call for the pre-
vious question.
Mr. DENT. I rise to a question of order,
whether it is in order for a gentleman to rise
and keep the floor while an amendment is
read by the clerk, so as to be in a position
above all others to catch the eye of the Pres-
ident and call the previous question.
The PRESIDENT overruled the point of or-
der.
Mr. MILLER demanded the yeas and nays
upon sustaining the call for the previous
question, and they were ordered.
The question being taken, the result was—
yeas 43, nays 23—as follows :
Yeas—Messrs. Goldsborough, President ;
Abbott, Annan, Audoun, Barron, Carter,
Cunningham, Cushing, Daniel, Davis, of
Washington, Earle, Ecker, farrow, Gallo-
way, Hatch, Hebb, Hoffman, Hopkins, Hop-
per, Jones, of Cecil, Kennard, King, Markey,
McComas, Mullikin, Murray, Negley, Nyman,
Parker, Pugh, Purnell, Ridgely, Russell,
Sands, Schley, Stirling, Stockbridge,
Swope, Sykes, Thomas, Todd, Valliant,
Wooden—43.
Nays—Messrs. Berry, of Prince George's,
Blackiston, Bond, Brown, Chambers, Craw-
ford, Dail, Davis, of Charles, Dent, Duvall,
Edelen, Hollyday, Horsey, Jones, of Somer-
set, Lee, Marbury, Mitchell, Miller, Morgan,
Parran, Peter, Smith, of Dorchester, Wilmer
—23.
The call for the previous question was ac-
cordingly sustained.
The amendment offered by Mr. JONES, of
Somerset, was rejected.
The question recurred upon the amend-
ment moved by Mr. STIRLING, as follows :
Strike out all the proposed amendment
after the first word, " The," and insert the
following:
"General assembly shall have power to
receive from the United States any grant or
donation of land, money or securities for
any purpose designated by the United States,
and shall administer or distribute the same
according to the conditions of the said
grant."
The amendment was agreed to.
The question then recurred upon the adop-
tion of the section as amended.
Mr. SANDS demanded the yeas and nays,
and they were ordered.
The question being taken, the result was
—yeas 65, nays 1—as follows:
Yeas—Messrs. Goldsborough, President;
Abbott, Annan, Audoun, Barron, Berry, of
Prince George's Blackiston, Bond, Brown,
Carter, Chambers, Crawford, Cunningham,
Cushing, Dail, Daniel, Davis, of Charles, Da-
vis, of Washington, Dent, Duvall, Earle,
Ecker, Edelen, Farrow, Galloway, Hebb,
Hoffman, Holliday, Hopkins, Hopper, Hor-
sey, Jones, of Cecil, Jones, of Somerset, ken-
nard, King, Lee, Marbury, Markey, McComas, |
