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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 975   View pdf image (33K)
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975
fessors of the college from any imputation
upon them with regard to any communica-
tion with the rebel raiders, and desiring me
to show that communication to the gentleman
from Carroll, which I did this morning.
Mr. STOCKBRIDGE. The most serious charges
have been made in the public prints; and I
have seen no denial.
Mr. SANDS. I move that we pass over that
section until we can have further informa-
tion.
Mr. JOKES, of Somerset I am perfectly
satisfied from a conversation I had on Satur-
day last, incidentally in Baltimore, that upon
investigation it will be found that no person
connected with that institution is in the
alightest degree censurable for anything that
took place during the time the raiders were
there. As to the statements in the newspa-
pers, I suppose gentlemen have had experi-
ence enough to know that great allowances
must be made upon anything they say.
Mr. SANDS. The postponement of this
question until we can have the information,
will prejudice nobody.
The motion to postpone the further consid-
eration of the amendment was agreed to.
The next amendment in order was the fol-
lowing moved as a new section by Mr. RUS-
SELL:
"Sec. —. The general assembly shall
pass laws providing that the rites of marriage
between any persons legally competent to
contract marriage may be celebrated by any
minister of any religious denomination, by
any mayor of a city, by any justice of the
peace, or in such manner as is usually prac-
ticed by the society of people called Quakers;
and providing for the registration of all mar-
riages, however solemnized in this State."
Mr. RUSSELL. The object of this section is
to meet a difficulty that exists in several par-
ticulars. The society of Friends, commonly
called Quakers, have ever since their arrival,
which is now 200 years, had a testimony to
bear against what are called paid or hireling
ministers. As this now stands they are
placed in a difficulty. Holding that testi-
mony, their members, if they marry any that
are not members, are obliged to go out of
the State to be married by a civil officer else-
where, or else incur church censure. It is to
avoid this, to allow them the liberty of being
married by a civil officer, and not to incur
church censure, that one portion of this
amendment is offered.
In addition to this, I am informed—for I
speak from the knowledge of others—that it
is usual upon the marriage of Jews, and it is
intended also to cover that.
I am told also that there has been no regu-
lar registration of marriages kept heretofore
in this State, or that it has been kept in a
very loose manner. I wished to cover that
subject also.
It may be thought by some that the society
of Friends hold a very singular view in hold-
ing a testimony against paid and hireling
ministers. They have had nothing to do
with them, and have been conscientiously
opposed to paid ministers from their arrival.
They do not take it for granted that all those
who receive pay are hireling ministers. By
no means. That is not their view; but
they have a testimony to bear against the
system; and hence they look upon it as a
very serious matter when any of their mem-
bers violate the discipline in that particular,
because there is an article of discipline on
that subject. They are deeply interested in
the matter; and they look to this Convention
for a constitutional enactment that will ena-
ble them to avoid the difficulty they have
heretofore experienced.
Mr. SCHLEY and Mr. DAVIS, of Washington,
asked and obtained leave of absence.
On motion of Mr. DANIEL,
The Convention took a recess until eight
o'clock, P. M.
EVENING SESSION.
The Convention met at 8 o'clock, P. M.
The roll was called, and the following mem-
bers answered to their names :
Messrs. Goldsborough, President; Abbott,
Annan, Belt, Blackiston, Bond, Brown,
Clarke, Cunningham, Cushing, Daniel, Davis,
of Washington, Dent, Duvall, Earle, Ecker,
Edelen, Farrow, Galloway, Harwood, Hebb,
Hollyday, Hopkins, Hopper, Jones, of Somer-
set, Kennard, King, Lansdale, Lee, Marbury,
Markey, McComas, Mitchell, Miller, Mullikin,
Murray, Negley, Nyman, Parker, Parran,
Peter, Pugh, Purnell, Russell, Stands, Smith,
of Carroll, Sneary, Stirling, Stockbridge,
Swope, Thomas, Todd—52.
MARRIAGE LAWS.
The Convention resumed the consideration
of the section submitted by Mr. RUSSELL, as
an amendment to the report of the committee
on the legislative department, viz :
"The general assembly shall pass laws
providing that the rites of marriage between
any persons legally competent to contract
marriage may be celebrated by any minister
of any religious denomination, by any mayor
of a city, by any justice of the peace, or in
such manner as is usually practiced by the
society of people called Quakers; and pro-
viding for the registration of all marriages,
however solemnized in this State."
Mr. MILLER. It seems to me that we may
as well go through the whole legislative field,
and record the duties of the legislature in
every particular case, as in this. It is a mat-
ter entirely within the power of the legisla-
ture, to pass a law allowing marriages to be
celebrated by justices of the peace, or by
mayors of cities, if they choose so to do. It
has always been in the power of the legisla-
ture to do it, ever since the marriage law was


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 975   View pdf image (33K)
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