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Journal of the House of Delegates, 1806
Volume 554, Page 31   View pdf image (33K)
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VOTES AND PROCEEDINGS, NOVEMBER SESSION, 1806. 31

A petitionfrom John Mummy, of Baltimore county, counter to the petition of Henry Peters, was referred
read, and referred to the committee appointed on the petition to which it is counter.

The clerk of the senate delivers the bill annulling the marriage of George Sampson and Pamela Sampson, en-
dorsed "will pass" Ordered to be engrossed And the bill to lay out and open a certain road in Caecil county,
endorsed will pass with the proposed amendment; " which amendment was read. And the following message
By the SENATE, December 2, 1806.
Gentlemen of the House of Delegates,

IN your message of yesterday you inform us, that believing the business of your house can be acted upon by
the fifteenth of this month, you propose to close the session on that day. We, being fully impressed with the
opinion that all the business of the session may be finally acted upon by that time, most readily concur in your
proposition of rising on that day.

By order, T. ROGERS, clk.

Which was read. Mr. Shaaff, from the committee, delivers to the speaker the following report:

THE committee to whom was referred that part of the communication from the executive which relates to
the resolutions of the legislature of Tennessee, proposing an amendment to the constitution of the United
States, report, that they have reflected upon the subject with all that deliberation which the solemn act of one
state in the union ought always to receive from the legislature of another.

The object of these resolutions is to change the constitution of the United States in such a manner as to
permit congress to prohibit the importation of slaves into these United States, prior to the time at which con-
gress would be authorised to exercise that power agreeably to the terms of the constitution as it now exists.

The authority of the congress on this subject is contained in the ninth section of the first article of the con-
stitution of the general government, by which it is declared, that " the migration or importation of such persons
" as any of the states now existing shall think proper to admit, shall not be prohibited by the congress prior to
" the year eighteen hundred and eight, but a tax or duty may be imposed on such importation not exceeding ten
" dollars for each person. " it is also provided by the fifth article of the said constitution, " That no amend-
" ment, which may be made prior to the year eighteen hundred and eight, shall in any manner affect the first
" and fourth clauses in the ninth section of the first article, "

The committee, without expressing any opinion as to the power of amending the constitution of the United
States in the manner contemplated by the legislature of Tennessee, think that it would be inexpedient at this
time to instruct the senators and representatives of this state in the congress of the United States, upon the
subject submitted for their consideration, however desirable the measure may be to prohibit any further impor-
tation of slaves into these United States, because the period has nearly arrived at which the congress, without
such amendment, will have full authority to legislate upon the subject, and to prohibit the importation of slaves
into these United States, if the adoption of that measure should be thought beneficial.

The committee are of opinion, that the constitution of the United States is of such high importance to the
happiness of the citizens of America, that it ought not to be changed unless some urgent necessity should call
for an alteration, and that in the present instance such necessity does not exist.

The committee, for these reasons, think that the resolutions from the state of Tennessee ought not to meet
with the concurrence of this legislature; they therefore submit the following resolutions for the consideration
of the house.

THE resolutions of the legislature of Tennessee, proposing an amendment to the constitution of the United
States, by which the congress may be permitted to prohibit the importation of slaves into the United States
having been communicated by the governor of Maryland to this general assembly, and having been maturely
deliberated on, RESOLVED, That in the opinion of the general assembly of Maryland, it would at this time be
inexpedient to adopt the amendment proposed by the state of Tennessee, the period being nearly arrived when
the congress of the United States will have full power, without any change of the constitution, to prohibit the
importation of slaves, if such a prohibition shall be thought beneficial.

RESOLVED FURTHER, That the governor of this state be and he is hereby requested to transmit a copy of
these resolutions to the governor of the stale of Tennessee.

By order, L. GASSAWAY, clk.
Which was read.

Mr. R. Steuart, from the committee, delivers to the speaker a bill, entitled, An act to authorise the sale of
certain lands belonging to the estate of Stephen Wilson, late of the city of Baltimore, deceased; which wa
read the first time and ordered to lie on the table.

Mr, Comegys, from the committee, delivers to the speaker a bill, entitled, An act to provide by law a direct
mode by which information shall be.conveyed to persons appointed te office, by the executive, of their respec-
tive appointments, and for other purposes therein mentioned; which was read the first time and ordered to lie
on the table. A petition from William Booth, of Baltimore county, praying to be divorced from his wife, was preferred,
read, and referred to Mr. Harryman, Mr. Aisquith, Mr. M. Brown, Mr, Gardiner and Mr, Little, to consider
and report thereon.

 

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Journal of the House of Delegates, 1806
Volume 554, Page 31   View pdf image (33K)
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