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 98   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space
98
said report of the said committee and the amend-
ments agreed to and pending in said committee,
to the Convention for its action.
The order having been read,
Mr. GWINN called the previous question.
Mr. CRISFIELD, I ask the gentleman from
Baltimore city (Mr, GWINN) to withdraw the
call for the previous question for a moment. I de-
sire to suggest to him, that it would be better so
to modify the order as to allow five minutes to
the mover of a proposition, and no further debate.
I approve the object of the order, but should be
better satisfied with it, if such a modification
was made.
Mr. GWINN. The gentleman will perceive that
the resolution does not operate upon a subject
when it comes into Convention. There a gentle-
man can occupy as much time as he chooses.
Mr. CRISFIELD was proceeding to reply, when
The PRESIDENT interposed and said, that all de-
bate was precluded by the demand for the previous
question.
Mr. MCLANE desired to be informed, whether
gentlemen would be at liberty to offer in Conven-
tion, any amendments which had not been
offered in committee of the whole.
The PRESIDENT stated his impression to be
that, according to all practice under the parlia-
mentary law, no proposition could be offered in
Convention, which had not been offered in com-
mittee of the whole.
A desultory debate followed, covering a
great deal of ground, and making the general ap-
plication of the parliamentary law and rules of
order in the House of Representatives of the
U. S. and in the House of Delegates.
Mr. BISER intimated his opinion that the usage
in the House of Delegates, had not been in con-
formity with the intimation made by the Chair ;
and submitted that, under such a construction,
members would be prohibited from offering in
Convention amendments which, had they antici-
pated any such course of proceeding, they would
have offered in Committee.
Some conversation followed on the part of
Messrs. SPENCER, BUCHANAN, BISER, JENIFER
and DORSEY and the PRESIDENT.
Mr. DAVIS moved to lay on the table the motion
for the previous question.
This motion was at first entertained by the
PRESIDENT , but was subsequently declared out of
order.
After some further conversation, the question
was taken on the demand for the previous question,
and there was not a second.
So the question recurred on the adoption of
the order.
Mr. PHELPS moved that it be laid on the table.
Mr. GWINN called the yeas and nays.
Mr. PHELPS withdrew his motion, in order, he
said, that the question might be taken on the
order itself.
Mr. GWINN. I ask the yeas and nays on the
adoption of the order.
Mr. CRISFIELD moved to amend the resolu-
tion by striking out so much as directed the
Chairman to report the bill, with the pending
amendments, to the Convention, and to insert in
lieu thereof, a provision "that the Convention
proceed to take a vote on the amendments pend-
ing, and on such as may be offered, and that the
mover have the right, of explanation."
Mr. MCHENRY alluded to a proposition which
he had offered on a former day, having, he said,
precisely the same object in view, but which had
not yet been acted on.
Mr. CRISFIELD said if the gentleman meant
his proposition as a substitute, it would meet his,
(Mr. C.'s) views.
Mr. MCHENRY then offered the following sub-
stitute for the resolution of Mr. GWINN:
"Ordered, That the debate on the articles of
the Constitution, reported by the committee on
the elective franchise, shall terminate in commit-
tee of the whole on this day, at 2 o'clock, P. M.,
when each amendment pending, or which may
be offered shall be passed upon, without any
further discussion than explanatory remarks not
extending beyond five minutes by the several pro-
posers of such amendments."
Mr. PHELPS moved to substitute fifteen min-
utes for five, but withdrew the amendment.
Mr. RICAUD moved to amend by designating
one o'clock of this day, as the hour at which the
vote should be taken.
A long discussion followed upon the question
of order, the construction of the parliamen-
tary law, and the effect of that law upon the bu-
siness of the Convention if the interpretation in-
timated by the President was correct.
Mr. BUCHANAN suggested either that that in-
terpretation must be over-ruled: or that the Con-
vention must retrace the step it had taken the
other day, in prohibiting the taking of the yeas
and nays in committee. Otherwise, nothing
would be known to their Constituents.
Mr. MCLANE, after giving his view of the con-
struction of the parliamentary law, expressed
the opinion that it would be best, as the report of
the committee on the elective franchise had been
discussed in Committee, to let it run its career
there; but intimated that hereafter he should be
opposed to sending any subject to the Commit-
tee.
The point of order was further discussed by
Messrs. JENIFER, BUCHANAN, MCLANE and
BISER,
When the PRESIDENT announced that the hour
assigned for the order of the day had arrived.
On motion of Mr. TUCK,
The consideration of the order of the day was
postponed, that the Convention might proceed
with the consideration of the pending question.
Mr. SOLLERS cited a rule of the House of Re-
presentatives of the United States, to show that
the practice in that body was not in conformity
with the opinion given by the President.
Mr. TUCK followed in a brief exposition of his
view of the Parliamentary law.
The discussion was continued by Messrs. DOR-
SEY, BLAKISTONE, by the PRESIDENT, (in expla-
nation,) Mr. BRENT, of Baltimore city, SPENCER,
THOMAS, CHAMBERS and BROWN.
The PRESIDENT intimated that the whole diffi-
culty might be avoided by the adoption of a new


 
clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 98   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  August 16, 2024
Maryland State Archives