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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1078   View pdf image (33K)
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1078
mend that the 39th article be stricken out,
and no article be substituted in its place
A. STIRLING, JR.
JOS. B. PUGH,
FREDERICK SCHLEY,
WM. T. PURNELL."
On motion of Mr, RIDGELY,
The said reports were made the order of the
day, for Wednesday next, at 12 o'clock.
Mr. THOMAS gave notice that at the proper
time he would submit the following amend-
ment to section 39, of the report of the com-
mittee on the legislative department:
''Section 39. The legislature shall at its
first session after the adoption of this consti-
tution, make a provision to submit to the
people, at the first general election thereafter,
the question of the sale of the State' a interest
in the works of internal improvement, and
in the several banking corporations of the
State; and in case the people vote in favor of
such sale, the legislature shall at its first
session after said election, pass a law to em-
power the governor, comptroller of the treas-
ury and treasurer conjointly to make such
sale, provided no such sale shall be made
except upon the terms of an equal exchange
of State stock, or bonds, or registered debt
now owing by the State, for anequal amount
of the State's interest in said works, or bank-
ing stock; and provided the State's interest
in the Washington branch and of the main
stem of the Baltimore and Ohio Railroad
shall be excepted from said sale; and that
the Chesapeake and Ohio Canal shall not be
sold to any incorporated company."
Mr, DUVALL gave notice that at the proper
time be would offer an amendment that the
legislature should ratify any sale that may be
made.
Mr, CLARKE. I desire to say, being a mem-
ber of the committee, that I concurred in the
majority report with the understanding that
I should express my preference for omitting
the proviso requiring a vote of the people
upon the question. I have heretofore, on
other committees, objected to submitting
separate questions to the people, on the ju-
diciary question and others. I prefer the
article without that proviso; but if it is re-
tained, I still prefer it.
Mr. JONES, of Somerset. The view? expressed
by the gentleman from Prince George's, are
those I entertain with reference to it. I
think the people submit to their representa-
tives the consideration of these questions, and
I therefore prefer the report without that;
and in signing the report, I reserved the
right to vote against that provision.
Mr. PARRAN. I signed the majority report
for the same reas.ops, occupying the same
position and holding the same views which
have been expressed by the gentleman from
Prince George's (Mr. Clarke,) and the gentle-
man from Somerset (Mr. Jones.)
Mr. CLARKE. It has been intimated to me
that this is no report at all, that those who
signed it are unwilling to vote for it. I wish
to be understood that I am willing to vote
for the proposition in its present form; but I
prefer that the question of submission should
be acted upon by the convention. I regard
it as the report of the majority of the com-
mittee; for while some prefer it without that
provision, the whole majority of the com-
mittee are willing to take it in its present
form.
On motion of Mr. PUGH,
The convention adjourned.
SIXTY-SECOND DAY.
MONDAY, August 1,1864.
The Convention met at 12 o'clock, M.
(Mr. PURNELL, in the Chair.)
Prayer by the Rev. Mr. McNemar.
The roll was called, and the following mem-
bers answered to their names :
Messrs. Abbott, Annan, Audoun, Baker
Brown, Carter, Chambers, Gushing, Daniel
Davis, of Washington, Dellinger, Duvall
Farrow, Greene, Hebb, Hodson, Hopkins
Horsey, Johnson, Kennard, Lee, Mace, Miller
Mullikin, Murray, Kegley, Nyman, Parker
Parran, Purnell, Robinette, Sneary, Stirling
Stockbridge, Swope, Turner, Yalliant,Wick-
ard, Wilmer—39.
The CHAIRMAN a,nnounced that there was
not a quorum present.
Mr. CUSHING. The cars have not reached
here yet. They will not be here until two
o'clock.
Mr. DANIEL. They are taking up soldiers
this morning.
Mr. DUVALL moved to adjourn until ten
o'clock to-morrow.
Mr. NEGLEY. If we do not meet at eight
o'clock to-night, shall we not violate the
standing order?
The CHAIRMAN. It is the impression of the
chair that the convention cannot hold a ses-
sion without a quorum; and that the only
thing we can do in the absence of a quorum
is to adjourn from day to day.
Mr. AUDOUN. The gentleman from Kent
county (Mr. Chambers) offered an order on
Friday to dispense with night sessions,
which the convention refused to do. I re-
spectfully submit whether this convention
has a right to adjourn now until to-morrow
morning at ten o'clock, with that order stand-
ing on the journal. As the convention re-
fused to dispense with night sessions we must
meet at eight o'clock this evening.
Mr. MILLER. That order applies only in
case the convention has a session. There
cannot be a session with less than a quorum.
The CHAIRMAN. That is the impression of
the chair.
Mr. CHAMBERS. Have gentlemen ever
heard of a minority taking a recess? It


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1078   View pdf image (33K)
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