did not contain the difficulty attending the
original proposition. I am utterly opposed
as a general thing, to the performance of the
ceremony of marriage by a civil officer. I am
as much opposed to that as the gentleman
from Kent (Mr. Chambers.) But this diffi-
culty was started last night, and it does exist
that there are certain denominations, the
Friends and the Menonists, in the western
part of the State, which will only marry
members of their own church, so that if one
of their denomination chooses to marry one
outside of it, they cannot get married by the
ceremony of their church. Then the only
course is to go to a minister of some other
denomination; and the difficulty is that the
Quaker or Menonist is prevented by the disci-
pline of the church from being married by
any minister receiving compensation for his
services. There is a class of persons who are
conscientiously opposed to being married
according to the recognized form, and that
conscientious difficulty I was willing to meet
by providing that any person in the State
conscientiously scrupulous with regard to
existing regulations might be married by a
judge or clerk of a court of record.
Mr. CHAMBERS. I believe that in point of
fact that difficulty does not exist. The sys-
tem observed by the Friends or Quakers upon
this subject requires that the marriage shall
bewithin their society. Therefore, provided
the party who is not a member will be mar-
ried in their way, there is no difficulty,
Mr. STIRLING. I am informed that it is
not so, I am informed by the gentleman
from Harford (Mr. Russell,) that they cannot
marry in their church, that they will not
marry them, and that they censure them if
they are married by a minister.
Mr. CHAMBERS. Then I acknowledge my
error, with regard to the society of Friends
but with regard to the Menonists I think there
is no such difficulty. And if there is any
difficulty it is better that it should continue
rather than to have the whole system to which
we have so long been accustomed deranged.
I have never beard of any memorial from the
society presenting the difficulty; and I think
it is unnecessary to act upon the subject.
The house have assented to the abstract prop-
osition that marriage shall not be considered
merely as a civil contract by a very large
majority. How, then, can we, without a
direct violation of that vote, agree to this
proposition? I think, therefore, the house
will agree to the proposition I have to make,
which is to lay the subject upon the table,
with the view to getting rid of it altogether.
Mr. MILLER. I merely rise to say that when
this proposition was before us yesterday eve-
ning I labored under a misapprehension with
regard to the statement of the gentleman from
Harford (Mr. Russell,) an apprehension in
which several members of the convention fell
as well as myself. I understood him to say |
that it was contrary to the discipline of the
Quaker society that a member of that society
should marry any person outside of the so-
ciety. I am informed, however, that that
was not the view which he presented. I beg
leave to state that the remarks which fell
from me were under that misapprehension.
I am opposed, however, to the adoption of
any order on this subject, for the general
reason I stated in the opening of my remarks,
also enforced by my colleague, that it is a
matter entirely within the power of the legis-
lature. We are cumbering our constitution
with mandates upon the legislature to do
what it is competent for them to do without
such an order being passed; and we might
just as well go through the whole field of leg-
islation.
The PRESIDENT, The gentleman is not in
order. The motion to lay upon the table is
not debatable.
Mr. STIRLING. The rules provide that a
motion to reconsider shall not be laid upon
the table.
The PRESIDENT. The motion of the gentle-
man from Kent is not in order, under the
44th rule.
Mr. THOMAS. The motion to reconsider
which I made, was agreed to. Did cot that
carry with it the reconsideration of the ori-
ginal proposition?
The PRESIDENT, The motion of the gentle-
man did not reconsider the original propo-
sition, and hence there was nothing upon
which the amendment could be based. The
motion now is to reconsider the vote upon
the original proposition of the gentleman
from Harford.
The motion to reconsider was duly sec-
onded.
Mr. BOND. Could not the gentleman from
Baltimore offer his proposition as an original
proposition? If it is offered as an original
proposition, it seems to me, it will be liable to
no difficulty whatever.
Mr. STIRLING. I suppose the house having
once rejected it I could not offer it again.
Mr. BOND. It was rejected as an amendment.
It was not rejected as an original
proposition.
The motion to reconsider was agreed to.
The question recurred, under the previous
reconsideration on motion of Mr. THOMAS,
upon the adoption of the amendment sub-
mitted by Mr. STIRLING, which was modified
by him to read as follows :
Strike out all after the word assembly and
insert:
" Shall provide by law for the registration
of births, marriages and deaths, and shall
pass laws providing for the celebration of
marriage between any persons legally com-
potent to contract marriage, and shall provide
that any persons, prevented by conscientious
scruples from being married by any of the
existing provisions of law, may be married |
