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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 109   View pdf image
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109

"To recommit the report with instructions to
report a specific plan."
Some conversation followed on a point of
order.
Mr. Brown demanded the previous question, and
by ayes 40, noes 31, there was a second.
And the main question was ordered to be now
taken.
Mr. CHAMBERS of Kent asked the yeas and
nays on the main question, which were ordered.
And the question, "shall the consideration of
the said resolution be postponed until the 15th
day of February," was taken and decided in the
negative as follows :
Affirmative. — Messrs. Morgan, Blakistone,
Dent, Hopewell, .Sellman, Dalrympiu, Bond,
Buchanan, Welch, Chandler, Lloyd, Dickinson,
Sherwood of Talbot, Celston, Eccleston, Cham-
bers, of Cecil, McCullough, McLane, Bowie,
Sappington, Stephenson, McHenry, Nelson,
Brent of Baltimore city, Fiery, John Newcomer,
Harbine, Kilgour, Fitzpatrick — 29
Negative. — Messrs. Chapman,President, Ricaud
Chambers of Kent, Mitchell, Donaldson, Dorsey,
Wells, Randall, Kent, Sollers, Brent, of Charles,
Merrick, Bell, Ridgely, John Dennis, James U.
Dennis, Crisfield, 'Dashiell, Williams, Hicks,
Hodson, Phelps, Miller, Tuck, Sprigg, Bowling,
Spencer, Wright, MeMaster, Fooks, Jacobs,
Thomas, Shriver, Gaither, Biser, Annan, Magraw
Carter, Thawley, Stewart, of Caroline, Hard-
castle, Gwinn, Stewart, of Baltimore city, Presst-
man, Ware, Schley, Davis, Brewer, Weber,
Hollyday, Slicer, Smith, Parke, Shower, Cockey
and Brown — 56.
So the Convention refused to postpone the con-
sideration of the order, until the l&lh day of
February.
The question then recurred on the motion of
Mr. BROWN, to postpone the consideration of the
second report until Thursday next.
Mr. BROWN rose to withdraw the motion.
The PRESIDENT said it was not in order for the
gentlemen to do so, the previous question having
been called.
Some conversation followed as to the effect
of the new rule on the question before the House,
between Messrs. BRENT, of Baltimore city, CHAM-
BERS, BISER, TUCK, THOMAS and the PRESIDENT.
In reply to an enquiry by Mr. THOMAS,
The PRESIDENT finally decided that the pre-
vious question would be exhausted on taking the
question on the motion of Mr. BBOWN, that being
the "matter pending."
Mr. KILGOUR asked the yeas and nays on the
motion of Mr. BROWN, which was refused.
Mr. JOHN NEWCOMER enquired, whether it
would be In order to move an amendment.
The PRESIDENT said that under the rule adopt-
ed this morning, it would be in order
Mr. NEWCOMER thereupon moved that the
further consideration of the question be postpon-
ed until the first Monday in February.
Mr. TUCK suggested that the beet course of
proceeding would be, that the pending motion
to postpone, should be withdrawn, and that the
Convention should get rid of the previous ques-
tion by going into Committee of the whole.

The question was then taken and the amend-
ment of Mr. NEWCOMER was rejected.
The question recurred on the motion to post-
pone to Thursday next.
The motion was rejected.
The question recurred on the motion of Mr.
SoitERs, to commit the report to a Committee
of the whole.
Mr. SPENCER, then moved to recommit the re-
port to the committee on Representation, with
instructions that they report articles of the Con-
stitution on some basis of representation, fixing
the representation in the House of Delegates and
Senate.

Mr. MERRICK stated that ia the committee,
the gentleman from Baltimore (Mr. PRESSTMAN)
had taken his ground, and would go for nothing
but the basis "of population." Others had taken
their stand; and thus the committee had been dis-
tracted in their labors, and unable to agree on the
principle. Now if the Convention would come to
any decision which would be an instruction to
the committee as to the principle on which they
should found a report, the existing differences of
opinion would at once be brought to a compro-
mise. For this purpose the resolutions were re-
ported. He believed that the sense of the Con-
vention was against the population basis. If he
was right, and the decision of this body should
send hack the resolutions with an instruction to
that effect, it would promise a compromise of the
jarring opinions~of the members of the committee.
They had made no report, because they could
come to no conclusions; and the resolution of the
Convention forbade a report of reasons, and call-
ed only for,results He repeated that the sanction
of the House was required for the guidance of the
committee; and until that sanction was given, the
committee could be brought to agree on nsither
of the extreme principles.
Mr. BRENT, of Baltimore city said
The question now was, whether the Conven-
tion should resolve itself into a committee of the
whole. I am opposed (continued Mr. B.,) to
again entering into that committee on any sub-
ject whatever, but especially at this time and
on this great question of representation, because
I think to entertain that question now, would be
premature. The labors of the Convention are
not yet sufficiently matured for us to proceed to
this subject. It is because I regard representa-
tion as the most momentous and and important
of all questions that I do not wish to begin its
discussion now, when we must break off on next
Monday to resume the report on the elective
franchise. Let ua, when once we touch the
principle of represention, devote all our energies
without interruption or diversion, to its undivided
consideration.
The gentleman from Charles, (Mr. MERRICK,)
says that the Convention is now prepared to vote
on this whole subject. I regret to hear that it is
prejudged. I had hoped that gentlemen were
open to conviction. I am ultra and zealous for the
principle of representation on the basis of popu-
lation; but satisfy me that I am wrong, and I
will acknowledge the error; otherwise, I shall
know no compromise in my votes on this subject



 

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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 109   View pdf image
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