before witnesses, followed by cohabitation, is
evidence of marriage sufficient to establish
the civil contract in law.
But in this State we have considered it not
only as a civil contract, but as a very solemn
and important religious ceremony, to be cele-
brated by ministers of religion under the
sanction of religion, as intimately connected
with the good order, welfare, and purity of
society. And I should be very reluctant to
see these time-honored maxims and prin-
ciples, if we may so call them, which have
been attached to this relation, changed by al-
lowing justices of the peace, some of whom
are not ministers of the gospel, and not alto-
gether such as many good citizens would care
to preside over the ceremony of their mar-
riage. I should suppose there would be no
doubt that the legislature would authorize
any recognized minister of any religions de-
nomination in the State, or any religious so-
ciety in the State, or any other persons that
such societies might authorize to perform the
marriage service.
With reference to the necessity for the regis-
tration of marriages, that has long been felt.
I admit that the evidence of a certificate ex-
tracted from an old registry is important in
law; and from the facility of obtaining such
evidence I think it ought to be provided for.
But I think the legislative power to do this is
so clear and unequivocal that it does not need
a constitutional amendment to enjoin its ex-
ercise. If we are to put into the constitution
everything that the legislature ought to do,
we shall have a very pretty constitution before
we are through with it. That is the main ob-
jection I have to the incorporation of this ar-
ticle.
Mr. TODD moved to amend the amendment
by striking out the words " by any mayor of
a city, by any justice of the peace."
Mr. SANDS, The are two difficulties here
in the way. If we place the section asked
for by my friend from Harford (Mr, Russell)
in the constitution, we certainly do shock the
sensibilities of a very large portion of our
people, upon this very important subject. If
we refuse to pass the section, we deny to a
very large class of people the celebration of
the marriage rite after their own manner.
Now, I think that can be met by adopting as
a section of this article, section 4 of article
60 of the Code, so amended as to meet the
case. Suppose, for instance, we were to em-
body in our constitution some such article as
this:
"The legislature shall pass laws providing
that the rites of marriage between any per-
sons, inhabitants of this State, shall not be
celebrated by any person within this State,
unless by some minister of the gospel or-
dained according to the rites and ceremonies
of his or her church, except it be in the case
of Hebrews, in which case the ceremony may
be performed by a rabbi, and excepting in |
the case of the society of people called Qua-
kers, in which case the marriage ceremony
may be celebrated by a mayor of a city, a
justice of the peace," &c.
You thus leave the Christian denomina-
tions exactly where they stand upon this
question, and you provide for the Quaker and
the Hebrew. I propose to offer such asub-
stitute for the amendment, if my friend will
accept it.
Mr. PUGH. I am opposed to striking out
the words in the amendment of the gentleman
from Caroline (Mr. Todd.) I do not know
what the gentleman from Harford (Mr. Rus-
sell) may determine upon, but I should be
willing to accept some such substitute as that
offered by the gentleman from Howard (Mr.
Sands.) But I would respectfully suggest
that all other religious denominations are left
by the proposed additional section precisely
where the substitute will leave them. There
is nothing whatever in this section which re-
quires any member of a religious denomina-
tion to get married by a mayor of a city or a
justice of the peace. They may employ a
minister of the gospel and give the ceremony
all the solemnity they desire. There is no-
thing here to interfere with anybody's reli-
gious views or religious rights.
But, Mr. President, I wish to call the atten-
tion of the convention to one or two articles
that have already been adopted here. The
preamble of the bill of rights is:
" We the people of the State of Maryland,
grateful to Almighty God for our civil and
religious liberty, and taking into our serious
consideration the best means of establishing
a good constitution in this State for the sure
foundation and more permanent security
thereof, declare:
" Article 35. That as it is the duty of every
man to worship God in such manner as he
thinks most acceptable to Him, all persons
are equally entitled to protection in their re-
ligious liberty; wherefore no person ought
by any law, to be molested in his person or
estate, on account of his religious persua-
sion or profession, or for his religious prac-
tice, unless under the color of religion any
man shall disturb the good order, peace, or
safety of the State, or shall infringe the laws
of morality, or injure others in their natural,
civil or religious rights; nor ought any per-
son to be compelled to frequent or maintain
or contribute, unless on contract, to maintain
any place of worship or any ministry, " &c.
This preamble and this article have been
solemnly adopted by this convention, and
they form a part of our bill of rights. Every
individual of the society of people called
Quakers can claim under this bill of rights
the right to exercise all his religious privi-
leges, and can claim not only under this bill
of rights but under the Constitution of the
United States the right to worship God ac-
cording to the dictates of his own conscience, |
