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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 245   View pdf image
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245

regard his absence as any objection to telling it
up.
HOWARD DISTRICT.
The PRESIDENT, pro tem., again stated the question
to be on the motion of the gentleman from
Charles, (Mr. Merrick,) to postpone the Howard
District report. And the PRESIDENT, pro tem.,
stated that a vote of two-thirds would be required
—the motion being for a suspension of the rules.
Some conversation on the point of order fol-
lowed between Mr. MERRICK and the PRESIDENT,
pro tem., when
The PRESIDENT, pro tem., then decided that,
inasmuch as the Convention had taken up and
proceeded to consider the report of the gentle-
man from Anne Arundel, (Mr. Dorsey,) it was
competent for the Convention, by the vote of a
majority, to postpone its further consideration.
The question, "shall the further consideration
of the said report be postponed," was then taken,
and by ayes 36, noes 34,
The further consideration thereof, was post-
poned.
THE LEGISLATIVE DEPARTMENT.
The Convention thereupon, proceeded to the
consideration of the report made on the twenty-
eighth ultimo, by Mr. JOHNSON, as chairman of
the committee on the legislative department of
the government.
[For this report, see the date in which it was
made.]
Mr. DORSEY said, that he was not in his seat
yesterday, being engaged in the court above. He
did not, therefore, know on what part of the re-
port the Convention was engaged, He had an
amendment which he desired to offer to the first
section of the report.
The PRESIDENT, pro. tem., stated that yester-
day the report had been read for information on-
ly; no progress had been made in it. The first
section of the report was now under considera-
tion.
The first section of the report was then read as
follows:
Section 1. The legislative power of this State
shall be vested in two distinct branches, the
one to be styled the Senate, the other the House
of Delegates, and both together, "the General
Assembly of Maryland."
Mr. DORSEY moved to strike out the first sec-
tion, and to substitute for it an amendment,
(hereafter noticed,) commencing as "article"
first.
Mr. D. explained, that, by reference to page
106 of the journal, the Convention would per-
ceive that the word "article" as applied to a
clause of the report was informal. The resolu-
tion introduced by the gentleman from Baltimore
city, (Mr. Presstman,) and which would be
found at the page mentioned, provided "that the
several committees on the Constitution, be in-
structed to report by articles, such propositions as
are to be submitted by them for the adoption or
rejection of this body," &c.
His, (Mr. D's,) reason for the motion to strike
out the clause itself, was, he thought, that in the

old Constitution better. Mr. D. read the two.
The provision of the old Constitution, he thought,
expressed every thing quite as explicitly, and in
fewer words.
Mr. CHAMBERS, of Kent, suggested that he sup-
posed the idea to have been, to make an article
of each branch or department of the government,
and then to sub-divide the articles into sec-
tions.
Mr. PHELPS concurred in the explanation giv-
en by Mr. CHAMBERS, and said, that the commit-
tee on the legislative department had framed the
phraseology of their report, in accordance with
that contained in other reports, and had not
thought proper to depart from the usual manner
of expression.
As to the substitute amendment proposed by
the gentleman from Anne Arundel, (Mr. Dor-
sey,) he, (Mr. P.,) had no objection to it. He
felt himself placed, however, in an unenviable
position in regard to this report. He-was not
prepared, in the absence of the chairman of the
committee, (Mr. Johnson,) to make a report
himself.
That gentleman came here a few days ago,
and was anxious to leave the next day. His re-
port was submitted to the committee, and was
just read with the understanding that each mem-
ber of the committee might dissent from the re-
port, or offer any amendments to it. Subsequent-
ly, the chairman of the committee, had stated to
him, [Mr. P.,] that he probably might not be
here when the report was taken up, and had
asked him, [Mr. P„] to take charge of it in his
absence. He had answered generally, that he
would endeavor, in the best way he could to
carry out the design of the report.
He concurred with the gentleman from Anne
Arundel, (Mr. Dorsey,) that the language of the
old Constitution was more concise and expressive
than that of the report.
Mr. BOWIE. I accept the amendment then;
Mr. DORSEY, (referring to the resolution on
the journal,) submitted that it would be better
to arrange the provisions of the report with a
view to having the them numbered from beginning
to end. It would prevent mistakes. He thought
that the resolution showed that the intention of
the Convention was such as his amendment indicated.
He was not tenacious about it, but he
thought its effect would be beneficial.
Mr. MERRICK said, he thought it was not material
whether the word "article" or "section"
was used. Yet, he thought, that perhaps, for
the reason suggested by the gentleman from
Kent, (Mr. Chambers,) it might be better to me
the word "section."
He concurred in the opinion expressed by the
gentleman from Anne Arundel, (Mr. Dorsey;)
that the words of the old Constitution Were preferable
to those of the report.
Mr. DORSEY remarking, that the verbal amend-
ment he had proposed, would be applicable
to other reports, Withdrew that amendment in-
tending to offer it again hereafter.
The question then was on the motion of Mr.
DORSEY, to strike out the said first section of the



 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 245   View pdf image
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