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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 386   View pdf image
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386

Mr. DORSEY then moved a reconsideration of
the vote, by which the thirtieth section had been
adopted.
The vote was reconsidered.
Mr. DORSEY moved to amend the said section
by striking out in the second line the word "dis-
trict," and inserting "city," and in the first line
after the word "disqualification," inserting "re-
signation," and in the fourth line by inserting
the word "such," between the words "more,"
and "qualified."
Mr. BROWN suggested to Mr. DORSEY to in-
sert "city" instead of "district," in the second
line.
Mr. DORSEY accepted the suggestion.
And the amendment was agreed to.
Mr. DORSEY then moved further to amend said
section by striking out from the word "issued,"
in the fifth line, to the end of said section, and
inserting in lieu thereof, the following:
"By the Speaker of the House of Delegates or
President of the Senate, as the case may be, for
the election of another person in his place, and
in case of such resignation or refusal to act, be-
ing communicated in writing to the Governor,
by the person making it, or such death occur du-
ring the legislative recess, and more than ten
days before its termination, it shall be the duty
of the Governor, to issue a warrant of election to
supply the vacancy thus created in the same
manner that the said Speaker or President might
have done during the session of the legislature,
of which election not less than ten days notice
shall be given, exclusive of the day of the publi-
cation of the notice, and of the day of election;
provided, however, that unless a meeting of the
General Assembly may intervene, the election
thus ordered to fill such vacancy shall be held
on the day of the ensuing election for delegates
and senators."
Mr. D. said, his object was to give to the
Governor the power of ordering elections, when
the parties elected, died, or resigned. But in
the other cases—such as disqualifications, re-
movals, &c.—it seemed to him that the legisla-
ture was the proper branch to decide upon such
cases.
The amendment was agreed to.
And the section, as thus amended, was
adopted.
Mr. DORSEY moved a reconsideration of the
vote by which the thirty-first section of the re-
port had been adopted.
The vote was reconsidered.
Mr. DORSEY moved to amend the said section
by striking out the words "the general," and in-
serting the words "their elections."
Mr. D. said, that he made this motion in ac-
cordance with what had been sanctioned by the
House in some of the preceding articles of the re-
port.
The amendment was agreed to.
The question recurring on the section as amend-
ed;
Mr. JOHN NEWCOMER expressed his desire to
offer a substitute for the section.
Whilst Mr. N. was preparing the substitute,
The section was informally passed over.

Mr. DORSEY now moved to reconsider the vote
by which the thirty-third section of the report
had been adopted.
Mr. D. explained that he made this motion
with a view so to amend it, as to make more de-
finite the crimes for which persons should be ex-
cluded from voting, or holding office, &.C., and
also that the Convention should itself exercise
powers which were appropriately their own, in-
stead of leaving their exercise to the Legisla-
ture.
The question was taken on the motion to re-
consider, and by yeas 22, noes 36,
The Convention refused to re-consider the
vote.
So the amendment of Mr. DORSEY was not en-
tertained.
MOTIONS TO RE-CONSIDER.
Mr. MORGAN, in pursuance of the motion he
had yesterday given, moved to amend the twenty-
second rule by inserting after the word "re-considered," in
the fourth line, the words "on the
same day."
Mr. M. stated that, after reflection, he had de-
cided to offer the amendment in the form in which
he now presented it, instead of that which he
had yesterday indicated.
Alter some explanations between Messrs. MOR-
GAN and BROWN,
The question was taken and the amendment
was agreed to.
So the rule was amended accordingly.
THE LEGISLATIVE DEPARTMENT.
The Convention then passed to the orders of
the day, and resumed the consideration of the re-
port of the committee on the Legislative Depart-
ment of the Government.
The Convention resumed the consideration of
the thirty-first section (which had been inform-
ally laid over.)
Mr. JOHN NEWCOMER, pursuant to the notice
he had given, now moved to strike out the said
section and insert the following :
"The members of the Legislature shall receive
three dollars per diem, as a compensation for
their services, and the sum of one dollar for
every ten miles they shall travel, once going to
and once returning from their place of meeting,
on the most usual route. No book or other
printed matter not appertaining to the business
of the session shall be subscribed for, for the use
of the members or be distributed among them."
Mr. MITCHELL called for a division of the ques-
tion—which was ordered.
And the question was first on striking out.
Mr. JOHN NEWCOMER asked the yeas and nays,
which were ordered, and being taken, resulted as
follows:
Affirmative—Messrs. Mitchell, Bell, Sapping-
ton, Stephenson, Nelson, Thawley, Hardcastle,
Fiery, Neill, John Newcomer, Harbine, Mi-
chael Newcomer, Slicer and Parke—14,
Negative—Messrs. Chapman, Pres't., Morgan,
Blakistone, Dent, Hopewell, Ricaud, Lee, Chambers
of Kent, Donaldson, Dorsey, Wells, Sell-



 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 386   View pdf image
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