George's, in hopes of getting hack, as near as possible,
to the old Orphans' Court system.
He withdrew the motion to postpone.
Mr. TUCK. I renew the motion, and in good
faith, and I intend to speak to it.
Mr. GWINN I rise to a question of order—
that we have passed a rule for the purpose of
limiting debate on the subject pending.
Mr. TUCK. I am not going to dehate the
proposition pending. I am going to debate the
motion to postpone, and to assign the reasons
why the question under consideration should be
postponed.
Mr. GWINN. The question has been debated
on both sides, and if the gentleman means lo
confine himself lo the single question of post-
ponement, I have no objection.
Mr. TUCK. The gentleman can call me to
order when I am out of order. I am going to
address myself to the motion I have made, and
I congratulate this Convention that the honora-
ble gentleman from Frederick, (Mr. Thomas,)
who so urgently pressed the passage of this
order, to limit the debate, has availed himself
of two opportunities under this motion to con-
sume some twenty minutes of the time of this
body in discussing the proposition before it, and,
I humbly suggest, in violation of his own older,
Mr. THOMAS. The gentleman ought not to
make personal allusions, unless he intends I
should respond.
Mr. TUCK. The gentleman can renew the
motion and make a third speech.
Mr. THOMAS. I should not like to do that.
Mr. TUCK. I was going on to say that
much of these remarks apply to the gentleman,
because he voted for the passage of the order,
and I consider that they also apply to the gen-
tleman from Queen Anne's and my colleague,
who have consumed some thirty minutes under
cover of the same motion.
Mr. GWINN. Now I call the gentleman to order.
Mr. TUCK. I have moved to postpone this
subject indefinitely, and I am not going to say a
word about the Orphans' Court. Here is the
great reform party, who have come here to
correct the judiciary, and they are divider
among themselves We have determined to ad-
journ on Monday week. I predict that if we go
on in this way, making speeches on motions to
postpone indefinitely, we will consume a month
longer. I assume that in one week we cannot
finish all the other business before us. We have
all the political departments of the government
to complete, revise, and arrange. They are be-
fore the Committee of Revision, who have de-
termined to sit every night until we finish. I
say that if we go on in this way we will not
finish the judiciary or any other business. I
make the motion to postpone indefinitely, and I
do not intend to withdraw it. If it succeeds,
we shall then go to other portions of the con-
stitution. The present judiciary will remain,
which, in my judgment, is far better than any
system we are likely to adopt. What we have
done affords to me no hope of improvement in
practical results. I shall insist on my motion,
as the best one we can adopt on this subject.
71 |
Mr. GWINN moved the previous question.
The PRESIDENT stated that the previous ques-
tion would be exhausted when the question
should be taken on the motion to postpone.
Mr. TUCK said that his motion was to post-
pone the whole report from the Judiciary Com-
mittee.
Mr, BROWN stated that if the motion was
merely to postpone the section moved by the
gentleman from Charles, (Mr. Jenifer,) he would
vote for it, but as it was to postpone the whole
report, he would vote against it.
Mr. BOWIE demanded the yeas and nays on
the motion.
Mr. MAGRAW moved to lay the whole subject
on the table, and on this motion demanded the
yeas and nays.
The PRESIDENT stated that, in his judgment, if
the motion to lay on the table prevailed, it would
carry with it the whole subject.
Mr. MAGRAW withdrew the motion to lay on
the table.
The question then recurred on seconding the
demand for the previous question.
Mr. JOHNSON moved to lay on the table the
motion to postpone.
Mr. CRISFIELD. It will carry the whole bill.
Mr. JOHNSON. Will it not, if agreed to, only
lay on the table the motion to postpone?
The PRESIDENT was of the opinion that it
would only lay on the table the motion to post-
pone indefinitely.
The question was then taken on the motion to
lay on the table the motion to postpone indefi-
nitely, and it was agreed to.
The question then recurred on agreeing to the
substitute offered by Mr. Bowie.
Mr. SAPPINGTON moved the previous ques-
tion.
Mr. CRISFIELD inquired what would he the
effect of the previous question?
The PRESIDENT replied that the effect of the
previous question would be to bring the Conven-
tion first to a vote upon the amendment offered
by the gentleman from Prince George's county,
(Mr. Bowie,) then upon the amendment offered
by the gentleman from Washington county
(Mr. Michael Newcomer,) and then upon the
proposition of the gentleman from Charles coun-
ty, (Mr. Jenifer,) when it would be exhausted.
On motion of Mr. BOWIE, the Convention was
then called, and the doorkeeper sent for the ab-
sent members.
Mr. HOWARD moved that all further proceed-
ings under the call be dispensed with.
Mr. BOWIE hoped the motion would not be
agreed to. Gentlemen who were absent had
particularly requested him to notify them when
the vote should be taken.
Mr. HOWARD thought that if gentlemen would
go away, they should lose their votes; the Con-
vention could not sit all day waiting for their
attendance.
The question was then taken on the motion of
Mr. Howard, and it was agreed to.
So all further proceedings under the call were
dispensed with. |
