clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 137   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

13

Me Henry, Magraw, Nelsou, Thawley, Stewart
of Caroline, Hardcastle, Stewart of Baltimore
city, Ware, Neill, John Newcomer, Harbine,
Michael Newcomer, Brewer, Weber, Hollyday)
Slicer, Fitzpatrick, Parke, Shower, Coekey and
Brown— 39.
Negative— Messrs. Chapman, President, Mor-
gan, Blakistone, Dent. Hopewell, Ricaud, Lee,
Chambers of Kent, Mitchell, Wells, Randall,
Rent, Jenifer, John Dennis, James U. Dennis,
Crisfield, Dashiell, Williams. Hicks, Hodson;
Goldsborough, Phelps, Sprigg, McCubbin, Di-
rickson, McMaster, Hearn, Fooks, Jacobs,
Scnley, Fiery, Waters and Smith— 33.
So the whole subject was laid OD the table.
Mr. SPENCER, [to the President.] What is
the next order of the day ?
The PRESIDENT. It is the report made by the
Chairman of the committee on the executive de-
partment, (Mr. Grason.)
Mr. SPENCER. TheChairman of that commit-
tee is not now in the city. It is probable he
may be here to-morrow. I move that its consid-
eration be postponed, and lhat, in the meantime,
the Convention proceed to the consideration of
the bill of rights.
Several voices. The Chairman of the commit-
tee on the bill of rights (Mr. Dorsey) U also ab-
sent.
There being no further business before the
Convention at this time,
The Convention adjourned until to-morrow at
eleven o'clock.

TUESDAY, January 28, 1851.

The Convention met pursuant to adjourn-
ment.
Prayer was made by the Rev. Mr. GRAUFF.
A quorum being present, the journal of yester-
day was read.

THE PREVIOUS QUESTION, &C.

Mr. BLAKISTONE, in pursuance of the notice he
had yesterday given, moved to strike out the 17th
rule of the Convention, and substitute in lieu of
it the following:
"The previous question shall be always in or-
der in Convention, if seconded by a majority,
and until decided, shall preclude all further
amendment and debate, and shall be in this form:
"shall the main question be now put?" when on
taking the previous question the Convention shall
decide that the same shall not now be put, the
main question shall be still under consideration,
and if the previous question is sustained, the
main question shall be on the adoption of the
proposition under consideration, and in cases
where there shall be pending amendments, the
question shall be first taken upon such amend-
ments in their order, and without further debate
or amendment.
Mr. B. in support of his motion, referred
to the changes which had taken place in the rule
which regulates the previous question, by the

18

adoption of the amendments of the gentleman
from Anne Arundel, (Mr. Randall,) and the gen-
tleman from Baltimore city, (Mr. Brent:) He
(Mr. Blakistone,) thought that the Convention
must he satisfied that these changes did not affect
the good which seemed to be anticipated from,
their adoption; because, under the construc-
tion which the Chair had given to the rule as
amended, the Convention could not come to a de-
finite conclusion upon any subject, if a minority
was disposed to prevent it. He illustrated its
operation. His desire was that the rule should
be so amended as to give power to a majority at
all times to come to a vote upon any original pro-
position. He thought that the dispatch of the
public business would be greatly facilitated by
the ado; tion of his amendment.
Mr. B. thought it was necessary also, to re-
store the power which had recently been taken
away, to call the yeas and nays in committee of
the whole; so as to give gentlemen an opportu-
nity to spread their votes before their constitu-
ents upon every important proposition which
might be offered there.
Mr. BISER desired to ask a question of the
Chair, the answer to which, he said, would con-
trol his vote. It was this : Was it in order to
call the previous question at any stage of a bill
under consideration? And, if sustained, would the
Convention be brought without farther debate,
to a direct vote on the proposition and the amend-
ments pending ?

The PRESIDENT slated that, in his judgment, the
previous question, under the rule as it now stood,
would apply to the pending matter, whether it
was an amendment or the whole bill But the
moment the previous question was taken upon
the question then under consideration, the pre-
vious question was exhausted.
After some explanation between Mr. Bisis
and the PRESIDENT, on the point of order,
Mr. BISER said he should vote for rescinding
the rule.
Mr. BRENT, of Baltimore city, replied briefly
to Mr. Blakistone, and in defence of the amend-
ment adopted on his, (Mr. Brent's,) motion.
After alluding to the tendency manifested by
the Convention towards a constant change of
rules, he submitted that no evidence had been
afforded of a disposition on the part of a minority
of the Convention to offer amendments,frivolously
and wantonly, merely for the purpose of delay,
and until he should see such a spirit manifested
here, he was not inclined to favor any further
change. He denied that the least inconvenience
had as yet resulted from the amendment. He
disputed the correctness of the operation of the
rule as illustrated by Mr. Blakistone, and thought
it was a reflection upon the Convention, to sup-
pose that a minority would trifle with the time of
the body, or offer amendments for the purpose
of defeating its action. The evil complained of
by the gentleman, (Mr. Blakistone,) was as yet
quite speculative, and it would be time to apply
the remedy when the evil wa* known to exist.
As to the defect in the twenty-ninth rule, Mr.
B. read an amendment which he intimated, would