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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 161   View pdf image (33K)
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161
or Monday next. If any committee should
report to-morrow, its report would have to
lie over until the next day. It can only be
read on the first day; and then we should
have nothing in the world to do,
Mr, STIRLING. I rose to suggest precisely
What the gentleman has suggested. I will
move to amend the motion of the gentleman
from Kent, so as to postpone so much of
the bill of rights as is contained in the 4th
and 23d sections until Friday next at 12
o'clock.
Mr. CHAMBERS accepted the amendment,
Mr. MILLER desired the 22d section to be
also postponed.
Mr. STIRLING. Certainly.
Mr. JONES, of Somerset. I should greatly
prefer that the whole of these subjects should
be postponed, I understood the gentleman
from Prince George's to say that some fifteen
members of this Convention must necessarily
be absent in attendance upon the Episcopal
Convention in Baltimore. We have the assurance
of the gentleman from Baltimore
city (Mr. Daniel) that there are some com-
mittee's ready to report, and that there will
be no doubt of our being fully occupied the
two days that intervene. It is of very great
importance that we should all be here on the
consideration of the 4th and 23d articles) but
there are some other articles I should be un-
willing to decide upon in the absence of so
many members.
Mr. CHAMBERS. I withdraw my acceptance
of the amendment.
Mr. STIRLING withdrew his amendment,
Mr. HEBB. I will renew it.
Mr. JONES, of Somerset. I will state my
objection, that there are other questions here
upon which there will be debate, and upon
which votes will be required. I give notice
that there will be a question upon the 36th
section; and the fifteen votes of the gentle-
men absent at the Convention in Baltimore)
when that question is raised, may be very
important. Certainly it is very desirable to
have them here in the argument and in the
decision of that question. The 36th section
is as follows:
Art. 36. That no other test or qualification
ought to be required on admission to any
office of trust or profit, than such oath of
office as may be prescribed by this Constitu-
tion, or by the laws of the State, and a de-
claration in the belief of the Christian re-
ligion; and if the party shall profess to be a
Jew, the declaration shall be of his belief in
a future state of rewards and punishments.
If no other member makes the motion, I
shall move to strike out all that relates to the
professing to be a Jew, so as to make it gen-
eral, that it shall be a declaration (of belief in
the Christian religion, and in a future state
of rewards and punishments. There are other
articles that will be discussed; and among
others an alteration of the Magna Charta,
which I find in this report. I hope that the
motion, as originally proposed, will be
adopted, and that the whole question will lie
over.
Mr. HEBB stated his motion in this form :
that the dehate on the Declaration of Rights
bepostponed until Friday next, at I o'clock,
as to articles 4th, 23d and 36th of the report
of the committee.
Mr. MILLER asked that article 22 be in-
cluded.
Mr. MARBURY. I wish the 39th article
also to be included. I wish to move the
amendment, to add "as well in time of war
as in time of peace," to the provision that
the liberty of the press shall be inviolably
preserved.
Mr. BELT. There are several minor alter-
ations made by the committee in their report,
rendered necessary by the great change em-
bodied in the 23d section. A great many
sections in the old bill of rights expressly
refer to a state of domestic slavery then ex-
isting among us. The 23d section of the
new bill of rights proposes to abolish that
system, and renders it necessary to change
these expressions in a great many instances.
We cannot therefore logically and properly
act upon these sections of the bill of rights
until we shall have voted upon article 23d.
I suggest this as another difficulty.
Mr. ABBOTT. I hope the Convention will
vole down this postponement. I consider
our duties here as obligatory upon every
member. I feel that I have no higher duty
on earth than to be in my seat here every day
and attend to the business of the Convention.
But members have been going here and there,
and the Convention has done nothing. I
think it is time that we should go lo work;
and I rise to give notice that I shall vote
against all postponement.
Mr. SCHLEY. The requests made here in-
dicate the desire upon the part of members
not only to postpone the consideration of the
two sections objected to by the minority, but
by interpolating other sections in this amendment,
to postpone other portions of the De-
claration of Rights. I for one, was perfectly
willing to acquiesce in the original proposi-
tion, to except the articles that would be
mainly contested, out of courtesy to the gen-
tlemen who desire to attend the Episcopal
Convention at Baltimore. It was only as a
courtesy. I think it a bad precedent even to
do that for courtesy; and for my own part I
will go no further. I do not suppose that
any gentleman here desires to consume or
waste the time of the Convention, by pro-
posing sundry article's to be voted upon or
by unnecessary debate, but they will have
that tendency and effect. While therefore I
am willing to support the amendment as of-
fered by the gentleman from Allegany, I shall
oppose any further interpolations in it, and
shall also oppose the original proposition to


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 161   View pdf image (33K)
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