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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 328   View pdf image (33K)
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328 CONSTITUTIONAL CONVENTION OF MARYLAND [Oct. 31]
with my supplemental remarks, and with
the questioning in depth by the members,
the Committee could probably add very little
in the way of debate without prolonging
the session. I think it would be appropriate
at this time to rest on what has been said.
I do not know whether it is proper at this
time to move the recommendation of the
committee report.
THE CHAIRMAN: Not necessarily. The
recommendation is before the Committee—
DELEGATE BOYER: We stand on it.
THE CHAIRMAN: Is there any further
discussion as part of general debate?
(There was no response.)
If not, we will proceed to consider
amendments. You have Minority Report
No. GP-I by Delegates Pullen, Kirkland,
Caldwell, Sosnowski, Blair, Vecera, Kath-
leen Robie, Wheatley and Key.
The Chair recognizes Delegate Pullen for
the purpose of presenting the minority re-
port and making or submitting any amend-
ments. You may come to the Clerk's desk,
Delegate Pullen.
I should say while we are waiting for
Delegate Pullen to come forward that the
practice of having delegates speak from
the Clerk's desk will be followed only in
the case of the committee chairmen, that
is the committee presenting the recommen-
dation, and one spokesman for the minor-
ity. Otherwise, all delegates speak from
their seats. Delegate Pullen.
DELEGATE PULLEN: Mr. Chairman,
1 present the report of the minority of the
Committee with the greatest respect for
those of the general committee who differ
with us.
I should like to say that I think Dele-
gate Boyer had made it clear the minority
now is actually a majority of 9 to 6. Do
not let that disturb you. Being the son of
a minister, I have seen many dramatic
convictions of error and conversion to
righteousness and right-doing. I hope you
will pardon me for being facetious, but
with it all there is a very good spirit among
the entire group. The Minority Report con-
cerning the militia, Article 28 of the Dec-
laration of Rights in the present Consti-
tution of Maryland, reads as follows:
THE CHAIRMAN: Delegate Pullen, you
do not intend to read the entire minority
report, I take it?
DELEGATE PULLEN: I thought if I
started talking, I would talk longer than if
I read it.
THE CHAIRMAN: I think you will
have to follow the practice of saying that
inasmuch as the report is before the dele-
gates, it should not be read.
DELEGATE PULLEN: Thank you for
giving me the opportunity to continue. I
hope that each of you, when you go back,
will read that part of the present Consti-
tution which states as follows: "that a
regulated militia is the proper and natural
defense of a free government." We believe
that and frankly do not understand why
that phrase was left out of the draft con-
stitution.
There were two changes made in the
wording of the present Constitution or
present provision for the militia. First,
"may" was substituted for "shall." Second,
the position of adjutant general as a con-
stitutional officer was eliminated.
The vote in the first case was eight to
seven and in the second one it lost by a tie
vote of eight to eight. The minority be-
lieves that a well regulated militia is a
safeguard of a democratic people. We be-
lieve further that eliminating the provision
in the constitution for the maintenance of
a militia is an open invitation to the Gen-
eral Assembly to abolish it. The police
force of the State is not adequate to take
care of all of the problems that face us.
The only alternative in times of stress is
to bring in federal troops by the president
at the request of the governor. We oppose
that except in the case of the direst neces-
sity.
The President of the United States is
commander-in-chief of the armed forces
and the governor is commander-in-chief.
The reason for this designation is a very
simple one. It is to establish a principle
that the military is subordinate to the ci-
vilian. There is no hint that the civilian
leader or the civilian head is a military
leader, but there is a danger that the ci-
vilian head may conceive of himself as a
military man and take charge of the
troops. History is replete with such cases,
and with disastrous results.
The framers of the State Constitution
in 1867 were well aware of this and they,
therefore, put in a provision that the gov-
ernor should not assume control of the mili-
tary without permission of the General As-
sembly. The provision that calls for an
adjutant general in our opinion should re-
main in the Constitution. It is most impor-
tant when the army or when the militia
is a civilian army. Today when elected offi-
cials rush to exciting spots with alacrity


 
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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 328   View pdf image (33K)
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